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Minutes City Council - 05_02_1956 to 07_17_1957
MINUTES VOL. R CITY OF CORPUS CHRISTI a 1 MICROFILMED DEC 3 01968 - ORDINANCE NO. 4513 RECEIVING AND ACCEPTING THE WORK OF CONSTRUCTION OF LEXIN"TTON BOULE- VARD MATER DISTRIBUTION MAIN, UNIT III, IN TIM, CITY OF CORPUS CIiRISTI, NUECES COUNTY, TEXAS, PERFOR121) BY BRODIE CONSTRUCTION CONPANY OF AMARILLO, TEXAS, UNDER TIM M CONTRACT WITH THS CITY DATED NOVE;IBER 9, 1955, AS AUTHORIZED BY ORDINANCE NO. 4385; AUTHORIZING PAYMENT OF FINAL ESTI14A1E, A COPY OF =CH IS ATTACHED HERETO AND MADE A PART HEREOF, DATED MARCH 24, 1956, IN THE AMOUNT OF $64,319.4.7 TO BE PAID OUT OF FUNDS IE;RETOlFORE APPROPRIATED; AILD DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye Minor Culli. Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye Minor Culla Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye ORDINANCE N0. 4514 AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON BEHALF OF TIE CITY OF CORPUS CHRISTI TO ENTER 12TTO AN A"11' EMENT WITH HOUSTON NATURAL GAS CORPORATION TMT-EREBY THE HOUSTOTI NATURAL GAS CORPORATION AGREES TO SELL AND D2LIVER TO THE CITY OF CORPUS CHRISTI, AT THE SITS OF TILE OSO SANITARY S34AGE TREATI;NT PLAIT, ALL OF THE NATURAL GAS DAILY REQUIRE - 'NEI MQUIRED BY TILE CITY FOR THE OPERATION OF SAID PLANT, FOR WHICH THE CITY AGREEPS TO PAY $.007 PER MCF OF GAS, ALL IN ACCORDANCE ',nTITH TIE: TERAS AND PROVISIONS OF SAID CONTRACT, A COPY OF WHICH IS ATTACHED HLRETO AND MADE A PART IIEREOF; AND DECLARING AN EiFiERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye ORDINANCE NO. 4515 CLOSING A PORTION OF GOLLIHAR ROAD OUT OF LOTS 15, 16, 17, AND 13, SECTION 2, FLOUR BLUFF & ENCINAL FARM & GARDEN TRACTS IN THE CITY OF CORPUS CHRISTI, NU, -,C. -,,S COUNTY, TEXAS, TO TIE USE OF THE PUBLIC FOR STREET AND TRAFFIC PURPOSES, SUBJECT TO THE RETENTION OF AN EASEi•ENT FOR DRAINAGE AND UTILITIES, INCLUDING WATER, GAS AND 271,1AGE, AS PROVIDED BY A WRITTEN AGRL+'EMENT FROM N. 0. SI1*10IIS TO THE CITY OF CORPUS CHRISTI DATED APRIL 24, 1956; RELINQUISHING ALL TITLE THERETO; AND DE, CLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aire Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye eb-nor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye ORDINANCE N0. 4516 APPROPRIATING FROM NO. 209 STREET T TRAFFIC CONTROL SYSTEM BOND T1!PROVE- IENT FUND THE SUM OF $3,122.02 FOR THE INSTALLATION OF ADDITIONAL TRAFFIC SIGNAL EQUIPIENT AND THE CONSTRUCTION OF CHAEMELIZATION ISLANDS AT MORGAN STREET AND OCEAN DRIVE, AND AT BOOTY STREET AND OCEAN DRIVE, AIM THE INSTALLATION OF SIGNAL LIGHTS AND CHANNELIZATION AT THE INTER- SECTION OF LOUISIANA AND OCEAN DRIVE; PROVIDING THAT INSTALLATION SHALL BE DONE WITH CITY FORCES; AIM DECLARING AN EMERGENCY. 2 The Charter Rule was suspended by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye ORDINANCE NO. 4.517 AUTHORIZING AND DIRECTING TIE CITY MANAGER FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE' SUCH APPLICATIONS, AGREEMENTS AND STIPULATIONS AS AR PROPER AND NECESSARY FOR THE PROCURING OF GROUP INSURANCE FROM LIFE AND CASUALTY COTIFANY OF TENNESSZE, IN ACCORDANCE WITH THE PROPOSAL OF SAID C011FANY, TO BECOME EFFECTIVE AT 12:01 A.M. , APRIL 27, 1956, AT THE INSTANT OF EXPIRATION OF TIM COVERAGE, NOW PROVIDED UNDER THE GROUP INSURANCE POLICY NOW IN EFFECT COVERING THE EITLOYEES OF THE CITY; AUTHORIZING THE PAY ENT OF TIM CITY'S PORTION OF TIE PREMIUM AND COSTS OF SUCH INSURANCE OUT OF THE FUNDS PROVIDED IN THE CURRENT BUDGET OF THE CITY; DIRECTING THAT R'E'VISION BE MADE IN THE BUDGET TO BE PREPARED FOR TIE FISCAL YEAR COIDE.NCIN G AUGUST -1, 1956; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye ORDINANCE NO. 4.518 AUTHORIZING AND DIRECTING TIE CITY MAI,IAGER FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE A MEMORANDUM OF UNDERSTANDING BE- T =N DISTRICT ENGINEER, GALVESTON DISTRICT , AND CITY OF CORPUS CHRISTI, TEXAS, AS TO THE GEt ERAL PROCEDURE WHICH I= BE FOLLO?�TED IN MAK_= PAYMENTS BY TIE; GOVERNMENT TO THE CITY, AS THE BRIDGE 07,1ITTER; AND TO EXECUTE AN ORDER OF APPORTION,1ENT IN CONNECTION =11 THE RELOCATIO14 OF THE BASCULE BRIDGE AMID CONSTRUCTION OF THE TULE IAI2 CHANNEL CROSSING BRIDGE, A COPY OF T.MICH ORDER AND AGi MENT IS ATTACIRED HERETO AND MADE A PART HEREOF; AIM DECLARIZI G AN E IZERGEIvTCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye There being no further business to come before the Council, the meeting was adjourned.. + MAYOR THE CITY OF CORPUS CHRISTI, TEXAS City Secreta PRESENT: REGULAR COUNCIL MEETING May 2, 1956 Mayor Farrell D. Smith 2:00 P.M. Co:nni.ssloners: W. J. Roberts City Manager Russell E. McClure Minor Culli City Attorney I. M. Singer B. E. Bigler City Secretary T. Ray Kring Manuel P. Maldonado Mayor Farrell D. Smith called the meeting to order. 43 The Invocation was given by Reverend Dwight Lusk, of Windsor Park Baptist Church. City Secretary Kring called the roll of those in attendance. Motion by Maldonado, seconded by Roberts and passed that the Minutes of the Regular Meeting of April 25, 1956, be approved. Mayor Smith announced the next item on the agenda was the opening of bids. Bids were opened and read on Anodes & Anode Backfill from the following: Cathodic Protection Service Corrosion Services, Inc. Standard Magnesium Corp. Motion by Culli, seconded by Maldonado and passed that the bids be tabled for 4.8 hours as required by City Charter, and referred to the City Manager for tabulation. The Public IIearing on the Appeal of Miguel Guebara Adame re Revocation of his Taxicab Driver's License was deferred at the request of his attorney to allow time for the applicant to get to the Council meet- ing as he had misunderstood the place of the Hearing. Mayor Smith invited anyone in the audience with petitions or information for the Council on matters not scheduled on the agenda to come forward. Charles E. Pratt, 915 Virgil Drive, appeared and presented petitions of about 300 signatures, on the matter of a hazardous situation around the Frazer Elementary School, at the intersection of Airline Road & McArdle. Mr. Pratt told the Council that the street is very narrow, there are no sidewalks, and there are unsanitary ditches on the side of the road, and requested that the ditches be cleaned out and sidewalks be put in at least on one side between Airline at South Staples through to Alameda or Lexington to protect the children who must use the roadway going to and from school. The petitions were ordered received and filed, and the matter referred to the Engineering Division of Public Works for investigation and recommendation. Harry Stevens, 3021 Staples Street, appeared with Mrs. Harry Hopkins to request the closing of a service road between Annapolis and Kostoryz during the construction of improvements on Staples. He stated that the road is so narrow that there isn't even a place for their children to dodge and is extremely hazardous. He stated further that although there has been a sign erected designating it as a 20 -mile per hour zone, only about one in five cars observe the sign. He asked that barricades be erected to close the street to through traffic during the construction period, and stated that the petitions had been signed by every resident in the 3000 block which is the area involved in the request. The matter was referred to the Traffic Engineering Department for study and recommendation, and the City Manager was directed to notify the Chief of Police of the flagrant violation of the speed limit in the area, and Police Officers be stationed there to enfore the proper speed. The Council next held the Public Hearing on the Appeal of Miguel Guebara Adame which had been deferred earlier in the meeting. Sgt. Marsalis, Taxicab Inspector, presented and reviewed the record of 1tr. Adame and the violation involved. He stated that he had revoked Mr. Adame's license under Ordinance ,t1638,,Section 9, which gives the authority to revoke a taxicab driver's license for violation of any City ordinance or State statute. He stated that there is presently a charge against him in the State Courts for selling liquor without a license, and a charge of assignation also pending trial. Gil Garza, Jr., attorney, appeared for Mr. Adame, and said that the violation for which the license was being suspended was stated in the written notice as assignation, but that a charge does not become a violation until it has been proven and asked that the license be returned to his client at least until the case is tried and his guilt or innocence established. The Council observed that the man had a very bad record of charges, among them drunkenness, disturbing the peace, and carrying a weapon, the latter charge being as late as January 1950" for which he had either pled guilty or been found so because he had paid a $30.00 fine. The Mayor pointed out that because the letter revoking the license had given the assignation charge as the basis of such revocation, by law the Council must assume him innocent of that charge until proven guilty, that the Council agreed with Commissioner Bigler that his record before he had been issued his present license should not be considered in this instance, but that with such a record of offences, the Council would not hesitate to revoke his license if the license had been revoked on the basis of the Weapons Ordinance Viola- tion of January, 1956. Mayor Smith returned Ips. Adame's license to Mr. Garza with a warning to his client that he had better watch his step for any violations whether on duty in his cab or otherwise. Motion by Bigler, seconded by Maldonado and passed that the license be reinstated until charges can be sustained, and the license be returned to Mr. Adame. Mayor Smith announced the Council would next hear the City Manager's Reports. Motion by Roberts, seconded by Bigler and passed that the award of bid re Water Street Collection System be made to T. H. Lee, the low bidder. Motion by Culli, seconded by Maldonado and passed that the City Manager be authorized to advertise for bids to be received May 16, 1956, for Odorizer Units (Natural Gas). Motion by Culli, seconded by Maldonado and passed that the City Manager be authorized to advertise for bids to be received May 16, 1956, for 390 Full Circle Clamps. Motion'by Maldonado, seconded by Roberts and passed that the request of Slovak Brothers for 30 days extension of time for completion of 4 111nor Storm Sewers project be granted. Motion by Culli, seconded by Maldonado and passed that the request of H. B. Zachry Co. for an extension of time until May 31, 1956, for completion of Oso Sewage Treatment Plant, Unit B, be granted. Motion by Bigler, seconded by Culli and passed that the recommendation of the Library Board for the appointment of Mrs. Phyllis Burson to succeed Mrs. Margaret Hardy, resigned, be approved effective July 1, 1956. Mayor Smith stated that he would like to state how much the Council regrets losing Mrs. Hardy, that the Council appreciated the progress the Library has made during her tenure as Head Librarian, and extends its appreciation for a job well-done. Motion by Culli, seconded by Roberts and passed that the City Secretary write a letter to this effect to I-,rs. Hardy. Motion by Culli, seconded by Maldonado and passed that the City Manager be authorized to issue a work order in connection with the Staples Street Paving project. Motion by Bigler, seconded by Culli and passed -that the date of May 22, 1956, at a Special Meeting, be set for a Public Hearing on the following 4 zoning cases: F. A. Mosley; W. L. Hammer; Frank & Morris Braslau; and M, nuel Salazar; and that the date of June 12, 1956, at a Special Meeting, be set for a Public Hearing on the following zoning cases: Agnes Pope Haynes; Eleanor Kelly, L. H. Gross, Jack Crook, Mrs. J. E. Jones and P. E. Jones; C. C. Tribble; and W. M. Alexander, P. G. Melton, Evelyn Turner and H. H. Turner. potion by Culli, seconded by Maldonado and passed that the date of May 239 1956, during the Regular Meeting, be set for a Public Hearing on the application of Field Drilling Co. for the Drilling of an Oil Well on the J. C. Russell tract, Lot ,79, 7500' N G0°30' W of Cliff Maus Field. The City Manager reported on the bids received for Steel Pipe requirements and recommended the award of Items 1, 2, and 3 of the bid invitation to Gulf Supply Company, the lora bidder; Items 4 and 6 of the bid invitation be awarded to L. B. Foster, and the balance of the Items be deferred until complete negotiations and steel prices have been established. Motion by Culli, seconded by Roberts and passed that Items 4 and 6 of the bid invitation be awarded to L. B. Foster, and the balance of the Items be deferred for further information until 1:30 p.m., May 3, 1956. (See Bid Tabulation §97 in File). I -lotion by Roberts, seconded by Bigler and passed that the City Manager be granted Leave to 5 attend a Conference of Texas City Yanagers' Association at Tyler, starting Sunday, Piny 6 and ending Tuesday evening May 8, leave to start Saturday, May 5 and end Wednesday afternoon, May 9; and that I. M. Singer be appointed Acting City Manager for the period of the leave. FIRST READING OF AN ORDINANCE GRANTING TO ELI ABRAM3, DBA COURTESY ADVERTISING COP-'PANY, A FRANCHISE TO CONSTRUCT, ERECT AND MAINTAIN FOR 'A PERIOD OF FIVE YEARS AT LOCATIONS ON THE ROUTES OF BUSES AND OTHER PUBLIC COI= L ANCES IN THE CITY OF CORPUS CHRISTI, BENCHES FOR USE OF THE GENERAL PUBLIC; TO USE AND ENTLOY THE STREETSIDE THEREOF FOR ADVERTISING; PROVIDING FOR A FIXED CILLIM FOR SAID FRANCHISE AIM FOR PAYI-ENT OF A PERCENT OF THE GROSS RECEIPTS TO TIS CITY; PROVIDING FOR THE DESIGNATION OF LOCATIONS AND TIE; PROPER CONSTRUCTION AND MAINTENANCE OF SAID BE -M, LL TING THE CHARACTER AND KIND OF ADVERTISING PER=D; PROVIDING FOR PUBLIC LIABILITY INSURANCE TO PROTECT TILE CITY AND GRANTEE AND TIE; PUBLIC; CONTAINING PROVISIONS FOR FORFEITURE OF THE FRANCHISES; CONTAINING A SAVINGS CLAUSE; PROVIDING FOR THE ASSIGNIE N'T OF SAPS, SAID FRANCHISE 130T TO BE EXCLUSIVE. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Farrell D. Smith Aye W. J. Roberts Aye Minor Culli Aye B. E. Bigler Aye Manuel P. Maldonado Aye ORDINANCE NO. 4.519 AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON BEHALF OF TIE CITY OF CORPUS CHRISTI TO EXECUTE A CONTRACT WITH.T. H. Lam, CONTRACTOR, FOR THE CONSTRUCTION OF THE WATER ST+T SANITARY SEr,JER COLLECTIO14 SYSTEI-i, AS MORE F[JLLY DE SC= -,D IN TILE PLANS, SPECIFICATIONS AND COPITR�ACT DOCUPi!,NTS PZADE A PART HEREOF BY REF- ERENCE, AT A TOTAL CONTRACT PRICE OF $176,183.90; APPROPRIATING THE SUM OF $164,037.50 FROM NO. 297 SANITARY SE':JER BOND CONSTRUC- TION FUI3D FOR THIS CONSTRUCTION, OF WHICH $156,273.80 IS A PORTION OF TIL; CONTRACT PRICE AND $7,313.70 IS FOR ENGINEERING AND CONTIN- GENCIES; PROVIDING THAT THE BALANCE OF $19,910.10 BE SET UP IN ACCOUNTS RECEIVABLE PAID TO THE CITY UPON INVOICE BY THE COUNTY; RESERVING IN TIIE CONTRACT A',JARD A RESERVATION ALLCIATIJG THE CITY A PERIOD OF SEVEIN, (7) MONTHS FROM THE DATE 11=30F III ,•7HICH TO ISS L A WORK ORDER FOR TIE CONSTRUCTION OF THE ,pi's STREBT =2 AT A PROPOSED COST OF $6,199.74; AND ITECLARING AN E%'ERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith A,re Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye bnuel P. Maldonado Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado' Aye ORDINANCE NO. 4.520 AUTHORIZING AND DIRECTING TIE CITY MUTAGER FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE A CONTRACT WITH ZACHRY CONSTRUCTION COMPANY FOR THE PA'JING OF PARKING AREA AT SOUTH BLUFF PARK; PROVIDING FOR PAYIENT OF $2,287.85 FOR SAID CONSTRUCTION OUT OF THE CURRENT BUDGET OF THE PARK AND RECREATION DEPARTMENT, CAPITAL OUTLAY, ACCOUNT CODE 505; AND DECLARING All EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye PZinor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye T$ ORDINANCE NO. 4521 CONFIRMING CORPUS CHRISTI STATE NATIONAL BANK AS CITY DEPOSITORY FOR THE BALANCE OF THE PRESENT TERM, DESIGNATING FROST NATIONAL BANK, OF SAN ANTONIO, TEXAS, AS TRUSTEE FOR SECURITIES DEPOSITED AS SECURITY FOR CITY FUNDS, APPROVING SECURITIES TO SECURE CI'T'Y FUNDS, PROVID32IG FOR THE SUBSTITUTION.OF OTHER SECURITIES THEREFOR, PROVIDING FOR THE SURRENDER OF INTEREST AND 122717REST COUPONS FROM DEPOSITED SECURITIES AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. M;x1donado Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye M]nor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye IE, SOUITION 1,10. 4522 AUTHORIZING THE ME� RCANTIIE NATIONAL BANK AT DALLAS, TRUSTEE UNDER THE CITY OF CORPUS CHRISTI WATERWORKS REVEIZTE, BONDS TRUST AGREEIENT, TO 121VEST $100,000.00 OF CASH BELONGING TO TII; WA=1 4ORKS RESERVE FUND IN UNITED STATES GOVERNMENT Ii=,IiEST BEARING SECURITIES; AND DECLARING AN EI>1ERGENCY. The Charter Rule was suspended by the following vote. Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye RESOLUTION NO. LP523 APPROVING TIME APPOINT11ENT OF HAROLD ZICK AS HEAD OF THE DIVISION OF ACCOUNTING IN THE DEPARTIENT OF FINANCE OF THE CITY OF CORPUS CHRISTI, TEXAS, IN THE POSITION DESIGNATED AS CHIEF ACCOUNTANT; ATTR DECLARING AN E1,1 RGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye Minot Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel.P. Maldonado Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye :Ianuel P. Maldonado Aye ORDINANCE No. 4524 AUTHORIZING AND DIRECTING TIME CITY MANAGER AND CITY ATTORNEY FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE All AGREEMENT ON THE PART OF THE CITY WITH AGNES POPE HAYNES AND GUARANTY TITLE AND TRUST CO1?ANY, TRUSTE11, TO ASSUME TIE DEFENSE OF SUCH ACTIONS AS MIGHT ARISEEt IF ANY, FOR CONSEQUENTIAL DAT?AMS BY REASON OF THE EXE- CUTION AND DELIVERY OF SAID PARTIES TO THE STATE HIGI-IJ.Y DEPARTMENT OF TEXAS OF A QUITCLAIM DEED TO THE 4�ST FRACTIONS OF BLACKS 32 to 41, INCLUSIVE, BRO01= ADDITION TO THE CITY OF CORPUS CHRISTI, TEXAS, A COPY OF WHICH AGREE, ME, NT IS ATTACHED I1BRETO AND MADE A PART HEREOF; AND DECLARING AN E1,ERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye Minor Cull! Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye There being no further business to come before the Council, the meeting was adjourned. City Secretary THE STATE OF TEXAS COUNTY OF NUECES CITY OF CORPUS CHRISTI MAYOR THE Clri'Y OF CORPUS CHRISTI, TEXAS YOTICE' OF SPECIAL WFTaTG TO TIE RZMSERS OF THE, CITY COUNCIL, TIS CITY MANAGER, THE CITY SECRETARY AND THE CITY ATTORNEY TO THE CITY OF CORPUS CHRISTI, TEXAS: NOTICE is hereby given that a special meeting of the City Council of the City of Corpus Christi Texas, will be held in the City of Corpus Christi, Texas, in the Council Chamber of the City Hall, at 1:30 o•clock P.M. on the 3rd day of R°,ay,1956, for the purpose of Awarding the bid for the purchase of Steel Pipe, and such other matters which may properly come before the Council. DATED this the 3rd day of May, 1956. /s/ Farrell D. Smith FARRELL D. SMITH, Mayor City of Corpus Christi, Texas CONSENT TO IFETDIG TdVe, the undersigned members of the City Council, the City Manager, the City Secretary and the City Attorney of Corpus Christi, Texas, hereby accept service of the foregoing notice, waiving any and all irregularities in such service and consent and agree that said meeting shall be -at -the time and place therein named and for the purpose therein stated. I/s/ LaTm Qua Minor Culli ls/ B. E. BIGLER B. E. Bigler /s/ RUSSELL E. Ric CLURE Russell E. McClure City Manager !sl T. RAY KRDTG T. Ray Kring City Secretary SPECIAL COUNCIL RQTI^?G May 3, 1956 1:30 P.M. Is/ W. J. ROBERTS W. J. Roberts /s / M. P. MALDONADO Manuel P. Maldonado Is/ I. M. SINGER I. M. Singer City Attorney Mayor Farrell D. Smith called the meeting to order with the full Council present and the City Manager, City Attorney and City Secretary. Motion by Culli, seconded by Roberts and passed that the bid on Items 1, 2 and 3 of the Bid invitation for Steel Pipe be awarded to Gulf Supply Company for a total of $69,64&.69. (See Bid Tabulation #97 in File). There being no further business to come before the Council, the special meeting was adjourned. City Secretary —° MAYOR THE CITY OF CORPUS CHRISTI, TEXAS P ST 1T: Mayor Farrell D. Smith Commissio ers: B. E. Bigler Minor Culli Manuel P. Maldonado W. J. Roberts REGULAR COUNCIL 1'T � 1z May 9, 1956 2:00 p.m. Acting City Manager I. M. Singer City Attorney I. M. Singer City Secretary T. Ray Kring Mayor Farrell D. Smith called the meeting to order. The Invocation was given by Reverend C. E. Kelley, of Central Park Presbyterian Church. City Secretary Kring called the roll of those in attendance. Motion by Roberts, seconded by Culli and passed that the Minutes of the Regular Meeting of May 2, and the Special Meeting of May 3, 19569, be approved. following: following: Mayor Smith next announced the opening of bids. Bids were opened and read on Construction & Installation of 4 Concrete Valve Boxes from the Heldenfels Brothers T. H. Lee, Contractor C. L. Castor Construction Co., Inc. Bids were opened and read on a supply of Acetylene & igen for Warehouse stock from the Big Three Welding Equipment Co. Crane Welding Supply Co. Welder's Equipment Co. Motion by Bigler, seconded by Roberts and passed that all of the bids be tabled for 48 hours as required by the City Charter, and referred to the City Manager for tabulation. be made: J. H. Dillion. Motion by Culli, seconded by Roberts and passed that the following Appointments of Boards Buildiniz Code of Anneals: Re -appoint Otis F. Johnson, B. J Osborne and T. M. Bell. Housing &thgrity: Re -appoint William B. Cox, Jr., A. E. Dabney, Jr. and Curtis Bell. Traffic Safety Advisory Board: Re -appoint Ray Edson and Horace Richards; and appoint Memorial Hospital Board: Appoint C. J. Aills. Mayor Smith announced that he wanted to set the record straight on several matters which were misunderstood by many of the people of the City. He stated that he did not own the property on Francesca Street where the Building Standards Commission has given 30 days to bring the sub -standard houses up to municipal stan- dards, that he had merely loaned money to Mrs. Andrea Martinez when an insurance company from which she had borrowed money threatened to foreclose on the property, that the title change had been made to her when she had paid off the loan, and that he was sure the records would reflect this, and that he did not own the property at any time. He stated that in regard to the newspaper story of the City's 47 million dollar program to be financed by 'wheel tax', he had never even heard the word until he read about it in the newspaper, that Cities do not sell license plates only counties do, and that this 5 -year plan is not the City's plan, but a recommenda- tion from the Zoning & Planning Commission. He stated that in regard to the story about Elvis Presley and the protests about the banning of rock-and-roll music in the Memorial Coliseum, that this Council had never said one word or the other about him, that the City Council had never established any policy on it and no one had contacted them about it. He further stated that in regard to the stories about the delay in the expansion program of Cliff Maus Airport, one reason was extensive work in shifting the runway 500 feet from the present runway elimina- ting the acquisition and destruction of 195 homes and saving the City three-quarters of a million dollars, leaving 1 11 only two land purchases to be made which is a big improvement and not just a minor change. 11 41 He further stated that in regard to the stories about the Skating Rink enlargement, this is not an issue on whether or not to allow skating, but a zoning matter. Mayor Smith stated that ordinarily the Council does not digress so far from the scheduled agenda, but that he just wanted to get the record straight. Mr. John Graham of Addressograph Co., appeared in answer to the Mayor's invitation to anyone in the audience with petitions or information for the Council to come forward. He stated that in October of 1954, at the request of the City Manager he had made a study in conjunction with Mr. Victor Kadanka of National Cash Register Machines Co. and Mr. Fred Dewitt of Remington Rand, of the Utilities Billing Department, and had pre- sented a proposal which would save the City $61,000.00 in that department. He stated that a report of Mr. Hackett, Office Manager of the Utilities Department, on their proposal had stated that Mr. Hackett agreed there was a possible $23,000.00 a year saving, and that using Mr. Hackett's figures, their final proposal had shown a $43,000.00 per year saving on a 10 -year basis of 43,000 billings per month, that other cities around using their combined three-way system are spending 35¢ per bill to our 50¢ per bill, and that they felt that the savings of 15¢ a bill per month was important enough for the Council to investigate further, and that although the report was more than a year old, they felt it was still up-to-date, and requested an investigation of their proposal at the Council level. Mr. Kadanka, in answer to Mayor Smith's question, stated that their proposal would mean between $70,000.00 and $752000.00 investment for buying and installing the equipment from a labor standpoint, and that he estimated 8 people to operate as against 232 people now employed in just the Public Utilities Department billing, whereas the City was paying $37,000.00 or $38,000.00 for I.B.M. just for the lease -rental for the equipment. In answer to Mayor Smith's question if they could guarantee the City the 15¢ per billing saving, Mr. Kadanka answered that he could if they could have complete control over the system, including the hiring and firing of personnel, and then said that this was all off the record wasn't it. Commissioner Culli answered that it most certainly was not off the record as this was a regular open meeting of the Council. Mayor Smith stated that if they were willing to guarantee even half of the saving to the City that they proposed, the Council would have the contracts drawn up right away, but Mr. Kadanka then stated that they would all guarantee their equipment but that no company would guarantee any saving, that they could show that other cities and businesses were making similar savings with their system and no reason why it should not work the same for this City. Mayor Smith stated that first they had said they could save the City $61,000.00, then they had said $43,000.00, then they had said 15¢ per bill per month on 43,000 bills, but that multiplied out would make a figure of $77,400.00 which is at great variance with the other figures, and that in spite of their very positive statements, they are not willing to guarantee even half of the conservative figure they were talking about. He further stated that when a person comes into the Council meeting and makes statements that reflect on the intelligence and almost the integrity of the personnel, he would like the entire facts put before the public and not try to iron them out in closed session. Motion by Culli, seconded by Bigler and passed that the City Manager be directed on his return to the City to set up a meeting next week with these men and go over the matter thoroughly in open session. Mr. Burke, Purchasing Agent, asked if the addressograph equipment that the City already owns and has not been able to sell could be utilized in their proposal. new equipment. Mr. Graham answered that they had not planned the new system that way, but had planned all Mrs. Laura Arbogast, 4200 Highway §9, appeared and protested against the necessity of platting her property in order to obtain a permit for expansion or development, and stated that she felt an annexed area should be entitled to more consideration in these respects. Mrs. Arbogast was informed that a new ordinance which is almost ready for the Council's 10 consideration, will probably give her the relief she seeks, along with others of a similar nature of complaint. Pastog S. L. Davis of Bethel Assembly appeared seeking information concerning the right-of- way of Lexington. He stated that their building has to be moved back for the right -of way, and that this will put it on residential property..instead of business property, and that they are waiting for an expansion permit and need the property re -zoned because side yards in a residential district have to be 25 feet and with their planned expansion it will leave only 16 feet, whereas if the property is zoned all the way for business they need only 9 feet for sideyards. The Council suggested that the Board of Adjustment might be the proper place for Pastor Davis to get his relief for the situation and that Mr. Singer, Mr. Burr and Mr. Clarkson assist him to get his material before the Board. City Secretary Kring read a petition, in the form of a resolution, from the Port and Ayers Area Improvement Association requesting that the Port -Ayers area be favorably considered in the proposed 5 -year improve- ment and expansion plans by gradually and permanently improving the streets, access routes and utility functions consistent with the rapid growth and development in this area. Motion by Culli, seconded.by Maldonado and passed that this petition be received and filed. Mayor Smith announced that the Council would now hear the City Manager's Reports. ration by Culli, seconded by Bigler and passed that the City Manager be,granted authority to advertise for bids to be received May 23, 1956, on Regular Gasoline, Premium Gasoline, Kerosene and Diesel Fuel, with no change in the former specifications. Mayor Pro -tem Roberts was excused and left the meeting because of the illness of his father. Motion by Bigler, seconded by Culli and passed that the City Manager's report & recommendation in connection with the Electric Service Contract with Central Power & Light Company be approved, and the necessary ordinance be prepared for execution. Motion by Culli, seconded by Bigler and passed that Kleberg, Mobley, Lockett & Weil, attorneys - at -law, be employed in the case of the application of Holman Cartwright, et a1, for Creation of Live Oak County Water Control & Improvement District No. 1, for a total sum of $2,000.00 for handling the entire appeal through the Supreme Court no matter whether writ of error is granted or denied. SECOND READING OF AN ORDINANCE GRANTING TO ELI ABRAMS, DBA COURTESY - ADVERTISING COMPANY, A FRANCHISE TO CONSTRUCT, ERECT AND MAINTAIN FOR A PERIOD OF FIVE YEARS AT LOCATIONS ON THE ROUTES OF BUSES AND OTHER PUB- LIC CONVEYANCES IN THE CM OF CORPUS CHRISTI, BENCHES FOR USE OF THE GENERAL PUBLIC; TO USE AND EMPLOY THE STREETSIDE THEREOF FOR ADVERTISING; PROVIDING FOR A FIXED CHARGE FOR SAID FRANCHISE AND FOR PAYNENT OF A PER- CENT OF THE GROSS RECEIPTS TO THE CITY; PROVIDING FOR THE DESIGNATION OF LOCATIONS AND THE PROPER CONSTRUCTION AND MAINTENANCE OF SAID BENCHES; LIMITING THE CHARACTER AND KIND OF ADVERTISING PERMITTED; PROVIDING FOR PUBLIC LIABILITY INSURANCE TO PROTECT THE CITY 'AND GRANTEE AND THE PUB - IXC; CONTAINING PROVISIONS FOR FORFEITURE OF THE FRANCHISES; CONTAINING A SAVINGS CLAUSE; PROVIDING FOR THE ASSIGNMENT OF SAME, SAID FRANCHISE NOT TO BE EXCLUSIVE. The foregoing ordinance was read for the second time and passed to the third reading by the following vote: Farrell D. Smith Aye W. J. Roberts Absent B. E. Bigler Aye Minor Culli Aye M. P. Maldonado Aye ORDINANCE N0. 4525 APPROPRIATING $621.72 FROM NO. 230 BRIDGE REMOVAL AND RELOCATION BOND FUND AND $327.56 FROM THE NO. 220 STRET BOND IMPROVEMENT FUND TO REDT.- BURSE THE NO. 102 GENERAL FUND AND THE NO. 108 STREET FUND, RESPECTIVELY9 FOR EXPENDITURES IN CONNECTION WITH PROJECTS OF THE PERMANENT IMPROVEMENT PROGRAM, A LIST OF SAID EXPENDITURES BEING ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Absent B. E. Bigler Aye Manuel P. Maldonado Aye 11 The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Absent B. E. Bigler Aye Manuel P. Maldonado Aye ORDINANCE NO. 4526 REIMBURSING THE NO. 102 GENERAL FUND IN THE AMOUNT OF $151,694.34 FOR EXPENDITURES IN CONNECTION WITH THE SAIF AND ISSUANCE OF $497459000 IN REVENUE AND GENERAL OBLIGATION BONDS SOLD ON DECEMBER 149 19559 AND APPROPRIATING SAID AMOUNT OF $15,694.34 FRAM THE FOLMn NG BOND FUNDS: NO. 220 STREET BOND IMPROVEMENT FUND - $39605.65; NO. 295 STORM =ZR BOND IMPROVEMENT FUND - $3,605.65; 110. 230 BRIDGE RE- MOVAL AND RELOCATION BOND FUND - $29213.26; NO. 203 STREET RIGHT OF WAY BOND PURCHASE FUND - $11,264.92; NO. 250 SANITARY SEGJER. SYSTEM BOND FUND - $631.77; NO. 212 FIRE STATION BOND CONSTRUCTION FUND - $568.66; NO. 202 CITY OF CORPUS CHRISTI WATERWORKS SYSTEM CONSTRUC- TION,FUND - $29007.87; NO. 297 SANITARY SZ ER SYSTEM BOND IMPROVE- MENT FUND - $19202.89; NO. 200 GAS SYSTEM BOND IMPROVEMENT FUND - $593.67; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Minor Culli W. J. Roberts B. E. Bigler Manuel P. Maldonado The foregoing ordinance was passed by the following vote: Farrell D. Smith Minor Culli W. J. Roberts B. E. Bigler Manuel P. Maldonado Aye Aye Absent Aye Aye Aye Aye Absent Aye Aye ORDINANCE NO. 4527 AMENDING ORDINANCE NO. 2241, PASSED AND APPROVED BY THE CITY COUNCIL ON THE 16TH DAY OF MARCH, 1948, AS RECORDED IN VOLUME 16, PAGES 197 ET SEQ OF THE ORDINANCE AND RESOLUTION RECORDS OF THE CITY OF CORPUS CHRISTI, TEXAS, ENTITLED "AN ORDINANCE REGULATING TRAFFIC UPON THE PUBLIC STREETS, AISEYS, AND OTHER THOROUGHFARES IN THE CITY OF CORPUS CHRISTI, TEXAS, AND FIXING PENALTY FOR VIOLATIONS AND R= a LING ALL OTHER ORDINANCES AND SECTIONS OF ORDINANCES IN CONFLICT HEREWITH", AS AMENDED, BY AMENDING SECTION 51 SO AS TO PROVIDE A TWENTY (20) MME SPEED LIMIT ON THE WEST n4EI NTY-EIGHT (23t) FEET OF SOUTH STAPLES STREET BET'1JEEN THE NORTH CURB LINE OF KOSTORYZ ROAD AND THE SOUTH CURB LINE OF ANNAPOLIS STREET; PRO- VIDING FOR PUBLICATION; AND DECLARING AND EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Absent B. E. Bigler Aye Manuel P. Maldonado Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Absent B. E. Bigler Aye Manuel P. Maldonado Aye ORDINANCE NO. 4528 AMENDING ORDINANCE N0. 3758 ENTITLED "AN ORDINANCE ESTABLISHING RENTAL RATES, CHARGES, FEES, AND RULES FOR THE OPERATION OF THE BARGE DOCK, LI111T1NG USE THEREOF FOR CERTAIN TYPES OF ACTIVITIES; MAKING IT UNLAW FUL TO HANDIE INFLAMNiABIE MATERIALS OR EXPLOSIVES OR TO VIOLATE THE FIRE PREVENTION CODE OF THE CITY OF CORPUS CHRISTI OR THE COAST GUARD REGUTA- TIONS WHIIE USING SAID BARGE DOCK; PRESCRIBING THE PENALTY NOT TO EXCEED A FINE OF MORE THAN WO HUNDRED DOLLARS ($200.00) FOR EACH DAYS VIOLA- TION AND MAKING EACH DAY'S VIOLATION A SEPARATE OFFENSE; CONTAINING A SAVINGS CLAUSE; PROVIDING MANNER OF PUBLICATION AND EFFECTIVE DATE OF SAID ORDINANCE", BY AMENDING SECTION 2 OF SAID ORDINANCE NO. 3758 SO AS TO PROVIDE THAT WELDING AND CUTT32IG IS PROHIBITED EXCEPT UNDER CERTAIN CONDITIONS AND BY SPECIAL PERMIT OF THE CITY COUNCIL; CONTAINING A SAVINGS CLAUSE; PROVIDING MANNER OF PUBLICATION AND EFFECTIVE DATE; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Absent B. E. Bigler Aye Manuel P. Maldonado Aye 12 The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Absent B. E. Bigler Aye Manuel P. Maldonado Aye ORDINANCE N0. 4529 APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT FOR ADVANCE IN THE AMOUNT OF $889,100.00 UNDER TITLE I OF THE HOUSING ACT OF 1949, AS AMENDED BY ALL A EMATORY ACTS, INCLUDING THE HOUSING ACT OF 1954 AND THE AMENDMENTS OF 1955s, AND NUMBERED CONTRACT N0: TEX. R -i (A), BY AND BE7=1N THE CITY OF CORPUS CHRISTI, TEXAS AND THE UNITED STATES OF AMERICA, A COPY OF WHICH CONTRACT IS'ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Minor Culli W. J. Roberts B. E. Bigler Manuel P. Maldonado The foregoing ordinance was passed by the following vote: Farrell D. Smith Minor Culli W. J. Roberts B. E. Bigler Manuel P. Maldonado Aye_ Aye Absent Aye Aye Aye Aye Absent Aye Aye In connection with the first reading of the following ordinance, Tom Pogue, attorney for Roy Smith Homes, asked that the following statement be included in the record: "The sewer line is in the process of construction now, and by Section 7 of the ordinance, provides that we will extend, replace and repair, but it is contemplated that after the line has been completed and the City fully accepts it as having been done according to plans and specifica- tions, which copy exists in the Office of the Director, then that Roy Smith Homes will turn over to the City all ownership and control, and then the obligation of Roy Smith Homes will be at an end. We reserve the right to charge and levy the tap or connection fee up to a total of $2,000.00 in turning over the line to you. I didn't want to assume for my client the keeping up of the line after turning it over to the City." FIRST READING OF AN ORDINANCE GRANTING TO ROY SMITH HOMES, INCORPORATED, A TEXAS CORPORATION, A FRANCHISE TO CONSTRUCT A SANITARY SEWER LINE WITH- IN THE DEDICATED RIGHT OF WAY OF MCARDLE ROAD IN THE CITY OF.CORPUS CHRISTI, TEXAS, EXTENDING FROM BLOCK 9 MOUNT VERNON SUBDIVISION N0. 39 TO THE INTER- SECTION OF ZARSKY DRIVE IN THE CITY OF CORPUS CHRISTI, TEXAS; PROVIDING A LIMITATION ON THE CHARGES WHICH MAY BE MADE FOR CONNECTIONS TO SAID LINE; PROVIDING FOR THE TERM OF SAID FRANCHISE; PROVIDING FOR ASSIGNMENT OF SAID FRANCHISE, AND PROVIDING GENERAL PROVISIONS FOR THE EXERCISE OF THE FRAN- CHISE. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Farrell D. Smith Aye W. J. Roberts Absent Minor Culli Aye B. E. Bigler Aye Manuel P. Maldonado Aye ORDINANCE NO. 4530 RECOGNIZING THE POPULATION OF THE CITY OF CORPUS CHRISTI, TEXAS, AS BEING 1659458 PERSONS AS OF JANUARY 19 1956; AND DECLARING,AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Minor Culli W. J. Roberts B. E. Bigler Manuel P. Maldonado The foregoing ordinance was passed by the following vote: Farrell D: Smith Minor Gal li W. J. Roberts B. E. Bigler Manuel P. Maldonado Aye Aye Absent A Aye Aye Aye Absent Aye Aye 13 There being no further business to come before the Council, the meeting was adjourned. MAYOR A THE CITY OF CORPUS CHRISTI, TEXAS City Secretary REGULATt COUNCIL M, ETING May 16, 1956 2:00 p.m. PRESENT: Mayor Farrell D. Smith Commissioners: W. J. Roberts City Manager Russell E. McClure Minor Culli Asst City Attorney Glenn Parker B. E. Bigler City Secretary T. Ray Kring Manuel P. Maldonado Mayor Farrell D. Smith called the meeting to order. The Invocation was given by Reverend Ardra Walker, of Prescott Christian Church. City Secretary Kring called the roll of those in attendance. Motion by Roberts, seconded by Maldonado and passed that the Minutes of the Regular Meeting of May 9, 1956, be approved. Mayor Smith made the announcement that the City Council and the County Commissioners' Court jointly announws the following appointments to the City -County Welfare Boards Reverend Earl Price of Corpus Christi and the Rt. Rev. Msgr. Kevin Dunne of Robstown. Mayor Smith stated that the City -County Welfare Board members have suggested the County Commissioners' Court and the City Council consider the advisability of increasing the Board's membership from 5 persons to 7 persons to give a wider scope of representation, and the matter is being favorably considered. Corporation. Mayor Smith announced the opening of bids as next on the agenda. Bids were opened and read on Natural Gas Odorizer Units from Maintenance Engineering Motion by Roberts, seconded by Maldonado and passed that the bid be tabled for 48 hours as required by the City Charter, and referred to the City Manager for tabulation. Bids were opened and read on Full Circle Repair Clamps from the following: Alamo Iron Works American Radiator & Sty. Corp. Norvell Tdilder Supply Co. The Rohan Co., Inc. SAMSCO Viking Supply Corp. Motion by Roberts, seconded by Maldonado and passed that the bids on the foregoing be tabled for 48 hours as required by the City Charter, and referred to the City Manager for tabulation. Mayor Smith next invited anyone in the audience with petitions or information for the Council on matters not scheduled on the agenda to come forward. Gil Limerick, 219 Oleander, appeared, and stated that he had been selected by a group of citizens to present a proposed ordinance for regulation of dogs and other animals in the City. He stated that the proposed ordinance had been prepared after careful study of our, present City ordinance and those of other cities, and stated that the group appreciated the cooperation it had received in the matter from the City departments and from the Health Department. He stated that there were 1,000 reported cases of treated dog bites in 19553 931 sick dogs picked up`and destroyed in the first 3 months of 19553 1,124 dead dogs, 920 dead cats and 451 other dead animals picked up off the City streets. Mr. Limerick presented and read the proposed ordinance. Motion by Bigler, seconded by Culli and passed that the proposed ordinance be received and referred to the City Manager for study. 14 Mr. Charles Vinson, 1045 De Forest, spoke in favor of the proposed ordinance because of the danger to him and his work dog, and cited a few cases of falls and attacks on his dog when walking from his home to to the stores, and explained that work dogs are trained not/fight, and stated that Corpus Christi is the only town where he personally has ever had any trouble with dogs attacking his work dog. Mayor Smith thanked the group for the work they have done, and said the proposed ordinance. will be studied with good faith as it has several obviously good points. Mr. Jack North, representing the Hopper Development Company, appeared and requested an answer as regards an offer for sale of property between Alameda and Staples along Gollihar Road to Doddridge, which is an extension of Weber Road down to Brawner Parkway, in connection with the proposed expressway development. Mr North stated that the plat had been approved on Unit I. but that he cannot get approval of the plat for Unit II until this matter is resolved, and that his client is willing to try to negotiate as regards the price involved, and feels a fair price would be the money he is out-of-pocket for the loss of 11 lots and not a raw acreage basis. The Council answered that the matter is under consideration, and that he should have an answer to his offer within a week or two. Mr. Ed P. Williams, attorney, appeared in connection with the proposed amendment to the platting ordinance, and presented his views and suggested changes in the wording of the amendment, copies of which he left with the Council. Mayor Smith announced the Council would next hear the City Manager's Reports. Motion by Bigler, seconded by Maldonado and passed that the plans and specifications on Storm Sewer Improvements in Arcadia Village be approved, and the City Manager be authorized to advertise for bids to be received June 6, 1956. Motion by Roberts, seconded by Bigler and passed that the award be made to C. L. Castor Construction Co., Inc., for the construction of four reinforced concrete Valve Boxes at the low bid of $2,434.00 (See Bid Tabulation #93 in File). Motion by Maldonado, seconded by Cull! and passed that the Tax Error & Correction List for April, 1956, be approved. Motion by Culli, seconded by Roberts and passed that the City Manager be authorized to advertise for bids to be received June 69, 1956, for Disaster Warning System equipment, and the transfer of $13,482.33 in Interest & Sinking Fund #375 to Civilian Defense Construction Fund #205 be approved and authorized. Motion by Bigler, seconded by Roberts and passed that the award for 200 large cylinders Oxygen and 100 large cylinders Acetylene be made to the low bidder, Big Three Welding Equipment Company for $1,243.36. (See Bid Tabulation #99 in File). Motion by Culli, seconded by Maldonado and passed that H. B. Zachry be granted a 20 -day extension of time on completion of Unit B of the Oso Sewage Plant to June 20, 1956. Motion by Bigler, seconded by Roberts and passed that sufficient information be obtained for presentation to the Corps of Engineers in connection with the North Beach Re -development Study as to what kind of protection will be needed in general, an estimate of the cost, and whether the beach in front of the island can be rehabilitated and maintained, so as to determine if the proposed development of the area will be worth more than the cost of its protection; and that Dr. W. Armstrong Price be engaged to undertake the first phase of the study on a per diem basis of $100.00 per day, maximum of $29000.00; and that $2,000.00 be appropriated to make the study from the Sea -Wall Funds. SECOND READING OF AN ORDINANCE GRANTING TO ROY SMITH HOMES, INCORPORATED, A TEXAS CORPORATION, A FRANCHISE TO CONSTRUCT A SANITARY SEWER LINE WITHIN THE DEDICATED RIGHT OF VAY OF MC ARDIE ROAD IN THE CITY OF CORPUS CHRISTI, TEXAS, EXTENDING FROM BLOCK 9 MOUNT VERNON SUBDIVISION NO. 39 TO THE IN- TERSECTION OF ZARSKY DRIVE IN THE CITY OF CORPUS CHRISTI, TEXAS; PROVIDING A LIMITATION ON THE CHARGES WHICH MAY BE MADE FOR CONNECTIONS TO SAID LINE; PROVIDING FOR THE TERM OF SAID FRANCHISE; PROVIDING FOR ASSIGNMENT OF SAID FRANCHISE, AND PROVIDING GENERAL PROVISIONS FOR THE EXERCISE OF THE FRANCHISE. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: 15 Farrell D. Smith Aye W. J. Roberts Aye Minor Culli Aye B. E. Bigler Aye Manuel P. Maldonado Aye ORDINANCE NO. 4531 RECEIVING AND ACCEPTING THE WORK OF CONSTRUCTION OF THE 0. N. STEVENS WATER FILTRATION PLANT LOCATED AT CALALLEN, NUECES COUNTY, TEXAS, BY C. H. LEAVELL & COMPANY AND COASTAL BEND CONSTRUCTION COMPANY UNDER THEIR CONTRACT DATED MAY 4, 1954, AUTHORIZED BY ORDINANCE NO. 3751; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote; Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye ORDINANCE NO. 4532 AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE A CONTRACT AND IEASE AGREEMENT CONSTITUTING A MONTHLY USE PRIVIIEGE OF A PUBLIC FACILITY WITH J. W. HUNNICUTT, LEASING TO THE SAID J. W. HUNNICUTT THE EAST 15' OF LATS 11 & 12 AND ALL, OF IAT 2, BLACK 93, BEACH ADDITION TO THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FOR AND IN CONSIDERATION OF THE TERMS AND CONDITIONS AS SET FORTH IN THE CONTRACT AND LEASE AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HERE- OF; PROVIDING FOR AN EFFECTIVE DATE; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye ORDINANCE NO. 4533 AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE A CONTRACT AND LEASE AGREE- MENT CONSTITUTING A MONTHLY USE PRIVILEHE OF A PUBLIC FACILITY WITH EL ER E. DAVIS THE WEST 42.73' OF THE EAST 57.751 OF LATS 11 & 12 BLACK 93, BEACH ADDITION TO THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FOR AND IN CONSIDERATION OF THE TERMS AND CONDITIONS AS SET FORTH IN THE CONTRACT AND LEASE AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; PROVIDING FOR AN EFFECT- IVE DATE; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye. B. E. Bigler Aye Manuel P. Maldonado Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye 16 ORDINANCE NO. 4534 AMENDING AN ORDINANCE ENTITLED "AN ORDINANCE AMENDING THE RULES AND REGULATIONS OF THE CIVIL SERVICE BOARD OF THE CITY OF CORPUS CHRISTI BY ADDING ARTICLE 20 PROVIDING FOR THE ADOPTION AND ADMINISTRATION OF THE POSITION CLASSIFICATION PLAN FOR ALL OFFICES AND POSITIONS IN THE CLASSIFIED SERVICE", AND BEING ORDINANCE NO. 3558, PASSED AND APPROVED BY THE CITY COUNCIL ON THE 10TH DAY OF FEBRUARY, 1954, AS AMENDED, BY CHANGING TIE CLASS TITLE PARKING CONTROL OFFICER, CLASS GRADE 10, ASSESSING AND COLLECTING SERIES, FISCAL AND ACCOUNTING GROUP, TO PARKING ATTENDANT, CLASS GRADE 10, GENERAL ADPIMISTRATIVE SERIES, ADMINISTRATIVE AND CLERICAL GROUP; BY CHANGING THE CLASS GRADE OF DEPUTY ASSESSOR, ASSESSING AND COLLECTING SERIES, FISCAL AND ACCOUNTING GROUP, FROM CLASS GRADE 21 TO CLASS GRADE 23; AND BY ADDING TO THE ASSESSING AND COLLECTING SERIES, FISCAL AND ACCOUNT- ING GROUP, CLASS TITLES SENIOR ASSESSOR IN CLASS GRADE 27 AND LICENSE INSPECTOR IN CLASS GRADE 22; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR AN EFFECTIVE DATE; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye In connection with the first reading of an ordinance granting Joe Emanuel, d/b/a The Star Cab Company, a franchise for the purpose of operating taxicabs, the Council requested that the matter of some action to induce the payment on time of payments due the City be investigated before the second reading of the ordinance. FIRST READING OF AN ORDINANCE GRANTING JOE EMANUEL, DBA THE STAR CAB COMPANY, A FRANCHISE ON AND OVER THE PUBLIC STREETS, ALLEYS AND PUBLIC THOROUGHFARES OF THE CITY.OF CORPUS CHRISTI, FOR THE PURPOSE OF OPERATING TAXICABS; PROVIDING FOR REGULATION OF SUCH SERVICE; PROVIDING FOR FORFEITURE OF SAID FRANCHISE; PROVIDING FOR PUBLIC LIABILITY SECURITY; PROVIDING FOR PROPER SUPERVISION; PROVIDING FOR DATE WHEN THIS GRANT SHAD, BECOME EFFECTIVE. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Farrell D. Smith Aye W. J. Roberts Aye Minor Culli Aye Manuel P. Maldonado Aye B. E. Bigler Aye ORDINANCE NO. 4535 AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO ENTER INTO A CONTRACT WITH CENTRAL PCY4ER AND LIGHT COMPANY WHEREBY CENTRAL PO',n1ER AND LIGHT COMPANY AGREES TO FURNISH ELECTRIC SERVICE TO THE CITY FOR SINGLE PHASE FLASHER AND/OR TRAFFIC LIGHT FIXTURES AT LOCATIONS LISTED IN "EXHIBIT A" AND "EXHIBIT B" OF SAID CONTRACT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye There being no further business to come before the Council, the meeting was adjourned. 15�vn J�-j 7 MAYOR THE CITY OF CORPUS CHRISTI, TEXAS 17 PRESENT: Mayor Farrell D. Smith Commissioners: W. J. Roberts B. E. Bigler Manuel P. Maldonado SPECIAL COUNCIL YMTING May 22, 1956 2:00 p.m. City Manager Russell E. McClure Asst. City Attorney Glenn Parker Acting City Secretary Mrs. Doris Francis Mayor Farrell D. Smith called the meeting to order. Motion by Bigler, seconded by Roberts and passed that Mrs. Doris Francis be appointed Acting City Secretary in the absence of City Secretary T. Ray Kring. be excused. The Acting City Secretary called the roll of those in attendance. Motion by Maldonado, seconded by Roberts and passed that the absence of Commissioner Culli Mayor Smith announced that this meeting was a Public Hearing called to hear evidence on 6 zoning change applications. The first application considered was that of F ank G. Evans. -F. -L. Vowe 1. J3 A. Garcia and Noble Taylor for a change of zoning from "R-1" One -Family Dwelling District to "B-3" Secondary Business District from the intersection of the NE RCXJ of Lexington Boulevard and the NW line of Oso Farm Lot #2, Thence S 610 37' 30" along said NE Rai line of Lexington Boulevard 4.90' to the point of beginning; Thence N 610 37' 30" W 4.1099 Thence S 290 W 74' Thence N 610 37' 30" W 1190', Thence S 290 W 295' to the point of beginning; being on the North side of Lexington Boulevard beginning 54.0' West of Everhart Road and being shown on a preliminary plat of Gray Village #1 on file in the office of the Zoning & Planning Commission. Pair. Burr, Senior Planner, located the property on the zoning map and reviewed the application. Mayor Smith stated the recommendation of the Zoning & Planning Commission for denial on the basis that no public necessity for the change had been demonstrated and the application did not conform to land use plans for the area. Mrs. Carl Duaine, real estate agent, appeared representing Evans, Vmjell, & Garcia, and stated that the proposed development of the land complies with the needs and desires of the other people in the tract, that there were two major oil companies under contract pending the re -zoning application's approval for two filling stations, and that commitments have been in existence for several months for the proposed buildings and for the tenants to sign leases. No one appeared in opposition to the application. Motion by Bigler, seconded by Roberts and passed that the hearing be closed and the appli- cation be taken under advisement. Mayor Smith announced the next application was that of C. A. Richter, J. A. Kosar and E. S. Joslin for change of zoning from "R-101 One -Family Dwelling District to "B-3" Secondary Business District on part of Tract E, Boulevard Acres Subdivision i. e., all of Tract E South of the new Lexington right-of-way except the South 2001 x 1509, being on the South side of the 3100 block of Lexington Boulevard; and that part of Tract F South of the Lexington right-of-way generally at the TV corner of Lexington Boulevard and Kostoryz Road not having a present "B-3" zoning classification. Mayor Smith read the recommendation of the Zoning & Planning Commission for denial on the basis that adequate business zoning already existed and no public necessity had been demonstrated by the applicant. Mr. Burr located the property on the map and reviewed the application. Mayor Smith stated that he wished to clear up the confusion in regard to this application, that it was not an issue about skating but whether or not residential land should be converted into business when there is other land available around it for the same purpose. A letter from Joe J. Allsup, attorney, was presented to the Council pointing out reasons for rezoning the property as applied for and urging that it be done. A group of children entered the Council Chamber and Mayor Smith interrupted the Hearing to welcome them; one of the group said they were Girl Scout Troop 5 from Fannin School; and the Mayor explained the Council was in the process of hearing some zoning cases. Mr. C. A. Richter, one of the applicants, appeared and stated that there were no objections from any of the surrounding property owners, that it was not for speculative purposes as Mr. Birdwell was ready to sign a lease, that this area was accessible to the children who would be using the skating rink, and that from the City's tax angle the construction of this one -purpose building would be equal to about 30 $10,000 houses and would not need fire protection, as the building was to be fireproof, nor need garbage disposal. Air. D. Horton spoke in favor of the skating rink on the basis that roller skating is listed as the second largest participating sport in the United States and that he considered it a shame that our children have to be taken to Houston or San Antonio for competitive participation in a recognized sport. Jack Ndller stated that he had talked to each of the 5 residents in the area and they had each stated that they intend to move because the fast traffic and the great noise occasioned by the businesses presently operating between Kostoryz Road and Chapman Ranch Road make it unsuitable for residents. David Mendlewitz felt that it was not a case of available land for business as some property owners were asking outrageous prices for their business zoned property, and that residents can spread out in all directions, and that self-determination should be a deciding factor in zoning. Ix. Birdwell stated that his lease is up September ist, that he must move his building out of the fire zone, that he does not feel the expense is justified in moving a small building somewhere else and he would appreciate anything the Council could do for him. Harry Smith stated that it was a question of trying to find property that was in a part of town suitable to locating a skating rink for young children and for a reasonable price. Mayor Smith stated that the Council would appreciate the information as to exact prices that were being asked for specific pieces of property, and that after the Council got through with the tax hearings they might find several sites available for the skating rink, that possibly the scarcity of available property is created by the taxes being way out of line with the value of the property and that when the tax price is geared up to the value it is amazing how the law of supply and demand reflects itself. ;'fir. Richter stated that he pays exactly the same tax on his residential property in that area as on that part zoned for business. matter. Mayor Smith asked Mr. McClure to check with Mr. Grevelle, Tax Assessor -Collector, on this Yxg. D. orton, Leader of the Girl Scout Troop that had come into the meeting earlier, stated that knowing the interest the girls shared in roller skating, she had thought this particular hearing might interest them, that it was difficult to find someone interested in financing something of this nature for the children that was not as profitable as some other business ventures, and that she felt this fact should be taken into consideration. Jack Miller stated that when this was originally zoned, there were deed restrictions against any business in this 600 feet, but that the deed restrictions have run out. Motion by Roberts, seconded by Maldonado and passed that the hearing be closed and this application be taken under advisement. Mayor Smith announced the next application was that of F. A. Mosl„eg for change of zoning from IM -1" One -Family Dwelling District to "B-1" Neighborhood Business District on a tract of land out of the South corner of the Tract T, Paisley Subdivision of the Hoffman Tract and at the intersection of South Staples Street and Everhart Road,' said tract having a frontage of 230 feet on Everhart Road and 280 feet on South Staples Street and defined by boundaries parallel to the opposing street. Mayor Smith read the Zoning & Planning Commission's recommendation for approval subject to filing of a proper plat of the area. Mr. Burr located the property on the map and reviewed the application. David Mendlewitz explained that the Braslaus had just reserved a piece of the property for egress and agress to the rest of their property when they had sold the land. Motion by Maldonado, seconded by Roberts, and passed that the hearing be closed and the matter taken under advisement. Mayor Smith announced the next was an application of W. L. Hammer for a change of zoning from "A-2" Second Apartment House District to "A-1" First Apartment House District on all of Lots A and B of Bayview Addition being that property located on the North side of Buford Street between South Water Street and East Shoreline Drive. Mayor Smith explained that this was an application for down zoning to cut down the number of uses of the property, and the recommendation of the Zoning & Planning Commission was for approval. No one appeared to oppose the application. Motion by Bigler, seconded by Maldonado and passed that the hearing be closed and the application be granted. Mayor Smith announced the next application was that of Frank Braslau and Morris Braslau for change of zoning from "R-1" One -Family Dwelling District to "B-3" Secondary Business District on 3.23 acres of land out of Tract I, Paisley's Subdivision of the Hoffman Tract, near the intersection of South Staples Street and Everhart Road described by metes and bounds as follows: COMMENCING at a point on the North side of Everhart Road where the same intersects with the East side of South Staples Street, being the most southerly corner of a tract of land owned by Ada Oil Company, occupied by Phillips 66 Service Station; THENCE N 310 02' West 230 feet to the STARTING POINT of this tract; TIENCE N 230 55' East 330 feet to an inside corner of a tract of 7.80 acres of land owned by the Jewish Community Council; THENCE N 310 02' West along the western boundary line of the said Jewish Community Council Tract, a distance of 442.07 feet to a point where same intersects the boundary line of land occupied by the KRIS Radio Station; THENCE S 310 West along the common boundary line of the IMIS Radio Station Tract and the Braslau Tract, a distance of 322.21 feet to a corner in this tract; THENCE S 310 02' East along the easterly side of South Staples Street, a distance of 458.35 feet to the starting point and to the place of beginning. It was explained that the application does not include the access strip coming out to Everhart, just the main block of land. Mayor Smith read the recommendation of the Zoning & Planning Commission for denial. David Me dlewitz appeared for the applicants, and presented and read a letter signed by Donald Bonham of Bonham's Food Stores, stating that they have been negotiating with the applicants for the erection of a store building upon the property in question, and that completion of arrangements for a lease with the applicants is being held up pending the disposition of the request for re -zoning of the property. He further presented and read a letter from the applicants stating that they were not asking for the re- zoning on a speculative basis, that they propose to use the balance of the building for the retail sale of household furniture and appliances, that the portion of the street facing Parkdala Project has been, rendered undesirable for single family dwellings, that because of the businesses surrounding the property now, and the future widening & paving of South Staples and opening of Parkdale and the presently operating Jewish Community Center, the probable growth picture will be similar to Six Points and therefore not suitable for anything but business property. Frank Bras au appeared and stated that he felt that a property owner should have a little more right to do with his property what he wants to as long as he doesn't devaluate another man's property, and that business must come first because residences can develop in all directions. Motion by Bigler, seconded by Roberts and passed that the application be taken under 20 advisement. Mayor Smith announced the next case was the application of Manuel Salazar for change of zoning from "R-1" One -Family Dwelling District to "B-1" Neighborhood Business District on the East 50 feet of Lot 13, Block 7, Molina Addition No. 2, located at 745 Bloomington. Mayor Smith read the Zoning & Planning Commission's recommendation for denial on the basis that it would be spot zoning. Mr. Burr reviewed the application and pointed out that if the application had taken in the West part of Lot 14 also, it might- have been approved. Mrs. Salazar appeared and stated that the building has never been used but that if the zoning is granted, her mother will live in half of the building and operate a tortilla factory or small grocery store in the other half. advisement. Motion by Roberts, seconded by Maldonado and passed that the application be taken under There being no further business to come before the Council, the special meeting was adjourned. City Secretary REGULAR COUNCIL MEETING May 23, 1956 2:00 p.m. PRESENT: MAYOR THE CITY OF CORPUS CHRISTI, TEXAS Mayor Farrell D. Smith Commissioners: W. J. Roberts City Manager Russell E. McClure Minor Culli City Attorney I. M. Singer B. E. Bigler City Secretary T. Ray Kring Manuel P. Maldonado Mayor Farrell D. Smith called the meeting to order. The Invocation was given by Reverend F. A. Walton, of North Beach Baptist Church. City Secretary Kring called the roll of those in attendance. Motion by Maldonado, seconded by Roberts and passed that the Minutes of the Regular Meeting of May 16, 1956, be approved. Mayor Smith announced the opening of bids would be deferred temporarily and the item of the Public.Hearing in connection with the drilling of an oil well by Field Drilling Company would be considered next. Mayor Smith announced that in order to conform with the public notice, the hearing would be opened now and would be continued until next week's meeting in order to comply with the request of the applicant to give him time to present additional information. the opening of bids. from the following: No one in the audience wishing to be heard on the drilling application, Mayor Smith announced Bids were opened and read on Regular Gasoline, Premium Gasoline, Kerosene and Diesel Fuel Ada Oil Co. Crystal Petroleum Co. Gulf Oil Corp. Humble Oil & Ref g. Co. Osage Oil Co. Sinclair Refining Co. The Texas Co. Texas Star Oil Co., Inc. Motion by Maldonado, seconded by Roberts and passed that the bids on fuel be tabled for 43 hours as required by City Charter, and referred to the City Manager for tabulation. 21 Mayor Smith next announced the disposition of some pending items of zoning. Motion by Roberts, seconded by Maldonado and passed that the application of Evans, Vowell, Garcia & Taylor for a change of zoning from "R-1" to "B-3" on land on the North side of Lexington Boulevard 540 feet west of Everhart Road, Gray Village #1, be denied. Mayor Smith announced that the application of Mosley for a change of zoning from "Rri" to "B-1" on a tract of land out of the South corner of Tract I, Paisley Subdivision, and the application of Braslau and Braslau for a'change of zoning from "111-1" to "3-3" on 3.28 acres of land out of Tract I, Paisley Subdivision, would be held under advisement for further study. Motion by Maldonado,. seconded by Roberts and passed that the application of Manuel Salazar for a change of zoning from "R-1" to "B-1" be denied. Mayor Smith asked if there was anyone in the audience with petitions or information for the Council on matters not scheduled on the agenda. Mrs. W. E. Heinaman of Holly Street, presented a petition signed by all the residents on the street, requesting that the name of Holly Street be changed so as not to be confused with dolly Road a few streets away, in order that the residents can receive their mail properly. The petition suggested Elaine Drive as first choice for a new name and Pomar Vista Drive as a second choice, but Mrs. Heinaman stated that any other name would satisfy the residents, and that Mr. Hugh Holly for whom the street had been originally.named had no objection to a change in the name of the street. Motion by Culli, seconded by Bigler and passed that the petition be received and referred to the City Manager for proper action. Mayor Smith stated that the petitioners could expect a granting of their petition, subject to the selection of a name not confusing to any other named street. Jack White, attorney, appeared with and representing Mr. Harrison and Mr. Hopper, and stated that he understood that the Council was going to set a price for the purchase of certain property of the Hopper Development Company at this meeting for right-of-way purposes. Mayor Smith answered that the matter had been set for a work session this morning but other matters_ occupied the time and the Council had not gotten to it and that the matter would probably be one of the items worked on after the Council meeting, and the Council would give him an answer as soon as they could. kh-. Jarres S. Lewis, 1726 Hickory Place, appeared with Mr. Ramsey Russell,Fleetwood Perry and two other residents of the area appeared as officers of a newly formed Civic Group of Greenwood Park, and presented a petition requesting an 3 -point improvement program for the area which has been designated and donated as a public park by the subdivision developer. Mayor Smith explained that playground equipment has been purchased for this park along with some 15 or 20 other parks in the City, that the Council had on the agenda the transfer of monies to do the leveling, sodding and grassing, that the water sprinkling equipment and water taps have been installed to properly maintain the park; that this is all part of a uniform development of the City park areas, and a 5 foot chain link fence would be erected on two sides of the park to prevent auto traffic through it; that $30,000 has been allocated out of the current budget toward a swimming pool that was expected to be completed in T. C. Ayers Park for use this summer, and suggested that perhaps a worthwhile project for their organization would be to help with the planting of shrubs etc., to help to beautify their new park. Mr. Lewis asked the Council if they had been petitioned to build a pool estimated to cost $30,000-00, and stated that although he wouldn't want to go on record as being opposed to it, he personally felt the money should be spent on parks for more children's use as the children of Greenwood Park were all close enough to use the H.E.B. Pool, rather than for a swimming pool that would be used by a comparatively few children. He emphasized that he was speaking off the record regarding the pool and believed he was expressing the feeling of 90% of his people. 11 M�_ • Leslie Mavbrev, 4918 Mable, read a letter from the residents of the Park Lane Subdivision 22 in regard to storm sewers and drainage in their area. He stated that when the Subdivision was taken into the City and the storm sewer system accepted by the City for maintenance it had been working fine, but that since the City had been tying into the system for other areas, something has made the storm sewer system inadequate, and that water stands for as much as 4 days without draining off, that he believes it is due to the fact that the catch basin is some feet below the level of the drainage ditch, and requested that the City investigate the conditions mentioned in the petition and take whatever action is necessary to alleviate the condition. It was explained to Mr. Maybrey that this particular area is affected by the Gollihar Storm Sewer program, and that when this project is completed it is felt that the situation will be remedied. Manager's Reports: No one else wishing to be heard, Mayor Smith announced the Council would next hear the City Notion by Roberts, seconded by Bigler and passed that in connection with the Group Insurance program for City employees that 75o of the premium cost be paid by the employees and 25% of the cost.be paid by the City. Motion by Bigler, seconded by Roberts and passed that the balance in the Park Development Fund of $6,823.00 be transferred to code 505 in the Park Division Operating Budget for carrying out the Park Development program for the balance of the fiscal year. Approval of plans & specifications for reworking 19 miles of streets and authority to advertise for bids for same was deferred for further study. Motion by Roberts, seconded by Maldonado and passed that a traffic signal light be installed at the intersection of Villa Drive and Leopard Street, and that $1,257.75 be appropriated from the Street Traffic Control System. Bond Improvement Fund for this. Motion by Roberts, seconded by Maldonado and passed that the award for 2 Natural Gas Odorizer Units be made to Maintenance Engineering Corporation for $9,174.00. (See Bid Tabulation #100 in File). Motion by Maldonado, seconded by Roberts and passed that the award for Full Circle Repair Clamps be made to The Rohan Company for $4,106.35. (See Bid Tabulation #101 in File). ORDINANCE NO'. 4536 ESTABLISHING A FORM OF FRANCHISE TO BE USED IN GRANTING FRANCHISES FOR THE OPERATION OF TAXICABS WITHIN THE CITY OF CORPUS CHRISTI, A COPY OF WHICH IS ATTACHED HERETO AND MADS A PART HEREOF; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye ORDINANCE NO. 4537 AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO ENTER INTO A CONTRACT WITH CENTRAL PCTER AND LIGHT COMPANY 141EREBY CENTRAL PCF4ER AND LIGHT COMPANY AGREES TO FURNISH ELECTRIC SERVICE TO THE CITY FOR SINGLE AND/OR THREE PHASE EQUIPMENT IN MUNICIPAL BUILDING, PARKS, RECREATION BUILDINGS, ETC., AT LOCATIONS LISTED IN "EXHIBIT A" AND "EXHIBIT B" OF SAID CONTRACT, A COPY OF WHICH CONTRACT IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye 23 The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye ORDINANCE N0. 4538 AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO ACCEPT THE PROPOSAL OF W. ARMSTRONG PRICE, CONSUL. TING GEOLOGIST, AND GEOLOGICAL OCEANOGRAPHER, FOR PROFESSIONAL SERVICES IN PLANNING DEVELOPMENT OF A BEACH IN THE NORTH BEACH SECTION OF THE CITY OF CORPUS CHRISTI,. APPROPRIATING $2,500.00 FROM NO. 258 SEA WALL & BIEAMfATER BOND CONSTRUCTION FUND, $2,000.00 BEING FOR PAYMENT OF SUCH SERVICES AND $500.00 FOR INCIDENTAL EXPENSES; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye FIRST READING OF AN ORDINANCE GRANTING TO JOE EMANUEL, DBA THE STAR CAB COMPANY, A FIVE YEAR FRANCHISE IN THE FORM PRESCRIBED BY ORDINANCE NO. 4536, PASSED AND APPROVED BY THE CITY COUNCIL ON MAY 23, 1956, FOR THE PURPOSE OF OPERATING TAXICABS ON AND OVER TIE PUBLIC STREETS, ALLEYS AND PUBLIC THOROUGHFARES OF THE CITY OF CORPUS CHRISTI. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Farrell D. Smith Aye W. J. Roberts Aye Minor Culli Aye B. E. Bigler Aye Manuel P. Maldonado Aye Faires P. Wade, attorney, stated that he felt the ordinance concerning the flashing illumina- ting light signs should provide some agency to determine the legality of a light before it was bought and in- stalled and to pass on whether or not signs already in use were legal, and suggested that perhaps the ordinance should be clarified by stating the color of light that would be considered illegal. of the ordinance. It was suggested that Mr. 'Jade confer with Mr. Singer on the matter before the next reading FIRST READING OF Ai ORDINANCE A11ENDING ORDINANCE NO. 4314 ENTITLED "AN ORDINANCE PROHIBITING THE USE OF FLASHING ILLUMINATING SIGNS, TIE USE OF SPOTLIGHTS; FLASHING ILLUMINATED SIGNS SIMILAR TO POLICE OR FIRE EMERGENCY SIGNAL, AVID ILLUMINATED INTERIORS OR EXTERIORS OF BUILDINGS USED FOR ANY PURPOSE OTHER THAN RESIMENTIAL PURPOSES WITHIN OR WITHIN 200 FEET OF RESI- DE14TIAL PROPERTY ZONE IN SUCH MANNER AS TO CAUSE ANNOYANCE OR INCONVENIENCE OF PERSONS RESIDING IN, OR TO INTERFERE WITH THE PEACEFUL ENJOYMENT OF PRO- PERTY IN THE RESIDENTIAL SECTIONS OF THE CITY OF CORPUS CHRISTI; PROVIDING A PENALTY; PROVIDING FOR PUBLICATION", BY AMENDING SECTION 1 OF SAID ORDI- NAYJCE 4314 AS SO TO REMOVE THAT PORTION COVERING SIGNS WHICH ARE SIMILAR TO POLICE OR FIRE EMERGENCY SIGNALS, AND BY ADDING SECTION 1-A PROHIBITING THE USE OF ANY SPOTLIGHT, EIECTRIC, OR NEON SIGN, OR FLASHING ILLUMINATED SIGN OR SIGNAL WHICH IS SIMILAR TO, OR RESEMBLES, A POLICE OR FIRE EMER- GENCY SIGNAL OR WHICH IS SIMILAR TO OR RESEMBLES ANY OFFICIAL TRAFFIC CONTROL DEVICE; CONTAINING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION AND EFFECTIVE DATE. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Motion by Culli, seconded by Bigler and passed that the regular meeting be postponed from May 30th to May 31st at 2:00 p.m. in view of the Memorial Day Holiday. 24 There being no further business to come before the Council, the meeting was adjourned. City Secretary PRESENT: Mayor Farrell D. Smith Commissige�,rs: W. J. Roberts Minor Culli B. E. Bigler Manuel P. Maldonado MAYOR THE CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING May 31, 1956 2:00 p.m. City Manager Russell E. McClure City Attorney I. M. Singer City Secretary T. Ray Kring Mayor Farrell D. Smith called the meeting to order. The Invocation was given by The Rt. Rev. Msgr. Kasper, of Ss. Cyril & Methodius Church. City Secretary Kring called the roll of those in attendance. Motion by Bigler, seconded by Maldonado and passed that the Minutes of the Special Meeting of May 22, 1956, and the Regular Meeting of May 23, 1956, be approved. Mayor Smith announced the opening of bids was the next matter on the agenda. Bids were opened and read on the construction of Superstructure of the Bridge over Tule Lake Channel, from the following: United States Steel Corp. Mt. Vernon Bridge Co. Motion by Bigler, seconded by Culli and passed that the bids be tabled for 43 hours as required by the City Charter, and referred to the City Manager for tabulation. Mr. Frank M. Cortelyou, of Harrington & Cortelyou, the Consulting Engineers on the Construction of the Bridge over Tule Lake Channel, commented to the Council on his firms previously made estimates, the price of materials and wage increases which affected the bids received today. He stated that he did not believe the construction could be completed in the.500 days as specified, but that 22 months was a more realistic figure. He estimated it would take 15 or 16 months from the date of the award of the contract to obtain the steel, and that it would probably mean a penalty payment on the part of the contractor if invoked, but that he believed the bidders had figured this in their bidding. He further stated that this superstructure bidding was not competitive bidding as evidenced by the fact that only two major companies submitted bids, and that the substructure con- struction had been competitive bidding because there was very little steel involved. Mayor Smith announced the next matter was the continuation of the Hearing on an application for a Drilling Permit for Field Drilling Company, and asked if there was anyone appearing in opposition to the granting of this permit. No one appeared in opposition. I. M. Singer, City Attorney, presented an ordinance amending the ordinance governing the issuing of drilling permits, and explained the changes and the additions. ORDINANC, NO. 4542 AMENDING AN ORDINANCE PASSED AND APPROVED ON THE ELEVENTH DAY OF JULY, 1950, BEING ORDINANCE NO. 2313, ENTITLED THE "CORPUS CHRISTI OIL AND GAS ORDINANCE" BY =—N0DTr SUB -SECTION (A) AND (B) OF SECTION 4, THEREOF, SO AS TO AiSTO THE DRILLING BLOCK MAP; AND BY AME10ING SECTION 20 TI EIE_ OF, SO AS TO ENABLE. THE CITY COUNCIL TO VARY THE TERMS OF SECTIONS 21, 26, AND 23 OF SAID ORDINANCE WMI N A PROPOa` LD WELL IS TO BE LOCATED IN AN UNIMPROVED AREA BY ALSOiING A PERMITTEE TO PROCURE PUBLIC LIABILITY INSURANCE IN LIEU OF BOND BY AIIO[•1ING A PERM11TTEE TO USE EARTHEN SLUSH PITS AND BY REQUIRING A PERT-lITTEE TO SET SURFACE CASING TO SUCH DEPTHS AS THE COUNCIL MAY DETERMINE, BUT IN NO EVENT LESS THAN 1,000 FEET; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: ' 25 Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye There followed some discussion as to whether or not the proposed drilling location would come within the amended ordinance requirement of being at least 330 feet from a street, and the fact was brought out that there was a dedicated street thru the J. C. Russell Farm Tract which did not appear on the abstract certified to by the Guaranty Title & Trust Co. which indicated that the lessors only owned both the rights to the land and to the mineral rights under the soil, and the fact that in moving the location of the drilling, the lessee would have to obtain an amended Railroad Commission Permit, and it was concluded that'the lessee would prefer to move his location to the south rather than to the north to comply with the ordinance. Motion by Culli, seconded by Roberts and passed that the hearing be closed and the application for the Drilling Permit be granted, subject to compliance with the amended regulations, particularly with the distance from streets and roads or the applicant securing an amended Railroad Commission Permit. Mayor Smith asked if there was anyone in the audience with petitions or information for the Council on matters not scheduled on the agenda. William Keys, representing C. H. Leavell Co., appeared and requested that the Council formally approve the final payment to C. H. Leavell Co. for construction of the 0. N. Stevens Water Filtration Plant. Action was deferred until the required affidavit, certificates and final payment estimate, duly approved by the engineers and operating people, are received. Mayor Smith announced the Council would next hear the City Manager's Reports. Motion by Culli, seconded by Roberts and passed that the award of bid on Fuel requirements be made to the low bidders as follows: Texas Company for Regular Gasoline at $.105825 per gal. Ada Oil Co. for Premium Gasoline at $.197505 per gal.; for Kerosene at $.11157 per gal; and Diesel Fuel at $.09504 per gal. (See Bid Tabulation x`102 in file). Motion by Culli, seconded by Roberts and passed that the award of bid on Anodes and Anode Backfill be made to the low bidder, Standard Magnesium Company for $5,419.92. (See Bid Tabulation #103 in file). Motion by Roberts, seconded by Culli and passed that the plans & specifications for Re -working & Double Asphalt Surface Paving Projects 1-7c and 1 -Sc be approved, and the City Manager be authorized to advertise for bids to be received June 20, 1955• In answer to a question from the audience, Mayor Smith announced that hereafter the policy would be, where adequate drainage exists and the residents offer to voluntarily pay for curb and gutter at the rate of $1.50 per front foot and $1.50 per front foot for sidewalks, the latter optional, on a basis of first come first served, the City will re -work and re -condition the street. Petition forms will be available in the office of the Director of Public Works for residents to present their requests to the Council. Motion by Culli, seconded by Maldonado that the contract with Crutchfield & Pruett for professional services in connection with the A. W. Gregg leases be terminated in accordance with the terms of said contract due to the conclusion of the litigation. Motion by Culli, seconded by Roberts and passed that the date of June 19, 1950, be re -set for a Public Hearing on 4 zoning cases originally set for June 12 due to a delay in the legal publications, and on 3. more zoning cases as follows: Application of Goodwill Industries of Corpus Christi, Inc. and Others for a change IV of zoning from "R-1" to "3-3" on a tract of land being generally that property on the ,Test side of the 3990.Block of South Port Avenue. 26 Application of Seid Karam for a change of zoning from "R-1" to "B-1" on Lots 46 and 47, Block 1400, Bay Terrace No. 2, being located at 1308- 1310 - 17th Street. Application of Geronimo Serna, Ricardo A. Perez and Estevan A. Perez for a change of zoning from "R-1" to "B-1" on Lot 26, Block 6, Molina No. 2 Subdivision, being located on the NIJ corner of Villareal and Angela Streets. ORDINANCE NO. 4539 APPROPRIATING FROM NO. 209 STREET TRAFFIC CONTROL SYSTEM BOND IMPROVEMENT FUND THE SUM OF $1,257.75 FOR TIE INSTALLATION OF A SIGNAL LIGHT AT THE INTERSECTION OF VILLA DRIVE AND 12OPARD STREETS; PROVIDING THAT SUCH INSTALLATION SHALL BE DONE BY CITY FORCES; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye ORDINANCE No. 4540 AMENDING ORDINANCE NO. 3495, ENTITLED "AN ORDINANCE CREATING THE CITY -COUNTY WELFARE BOARD; DEFINING ITS PCFi1ERS AND JURISDICTION; PROVIDING FOR TIE QUALI- FICATIONS, APPOINTMENT AND TERMS OF ITS MEMBERS, THEIR REMOVAL, MEETINGS, COMPENSATION AND EXPENSES; DEFINING CERTAIN TERMS; PROVIDII10 FOR KEEPING OF RECORDS AND APPROPRIATION OF MOAEY; PROVIDING FOR THE HIRING OF All EXECUTIVE SECRETARY AND OTHER EMYPLOYEES; PROVIDING FOR T112 TIME 191 EN THE PROVISIONS OF THIS ORDINANCE, SHALL BECOME EFFECTIVE; REPEALING ALL ORDINANCES IN CONFLICT HE=,JITH; ESPECIALLY REPEALING IN ITS ENTIRETY ORDINANCE NO. 3190; AND DECLARDI G AN EMERGENCY", BY AME, LADING SECTIONS I AND III THEREOF SO AS TO INCREASE THE MEMBERSHIP OF TIE CITY -COUNTY WELFARE BOARD FROM FIVE (5) MEMSERS TO SEVER (7) MEMBERS; AMENDING SECTION V OF SAID ORDINANCE NO. 3495 PROVIDING FOR TERMS OF OFFICE OF SAID MEMBERS; AND DECLA'IING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye The foregoing ordinance was passed by the follazing vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye SECOND READING OF AN ORDINANCE GRANTING TO JOE EMANUEL, DBA THE STAR CAB COMPANY, A FIVE YEAR FRANCHISE IN THE FORM PRESCRIBED BY ORDINANCE NO. 4530, PASSED AND APPROVED BY THE CITY COUNCIL ON MAY 23, 1956, FOR THE PURPOSE OF OPERATING TAXICABS ON AND OVER THE PUBLIC STREETS, ALLEYS AND PUBLIC THOROUGHFARES OF TIE CITY OF CORPUS CHRISTI. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Farrell D. Smith Aye W. J. Roberts Aye Minor Culli Aye B. E. Bigler Aye Manuel P. Maldonado Aye SECOND READING OF AN ORDINANCE Ar"NDING ORDINANCE NO. 4314 ENTITLED "AIV ORDINANCE PROHIBITING THE USE OF FLASHING ILLUMINATING SIGNS, TINE USE OF SPOTLIGHTS; FLASHING ILLUMINATED SIGNS SIMILAR TO POLICE OR FIRE EMER- GENCY SIGNAL, AND ILLUI=ATED INTERIORS OR EXTERIORS OF BUILDINGS USED FOR ANY PURPOSE OTHER T11Wj RESIDENTIAL PURPOSES WITHIN OR WITHIN 200 FEET OF RESIDENTIAL PROPERTY ZONE IN SUCH MANNER AS TO CAUSE ANNOYANCE OR INCONVEN- IENCE OF PERSONS RESIDING IN, OR TO INTERFERE WITH THE PEACEFUL ENJOYMENT OF PROPERTY IN THE RESIDENTIAL SECTIONS OF THE CITY OF CORPUS CHRISTI; PROVIDING A PENALTY; PROVID13IG FOR PUBLICATION", BY AMENDING SECTION 1 OF SAID ORDINANCE 4314 SO AS TO REMOVE THAT PORTION COVERING SIGNS WHICH ARE SIMILAR TO POLICE OR FIRE EMERGENCY SIGNALS, AND BY ADDING SECTION 1-A PROHIBITING THE USE OF ANY SPOTLIGHT, ELECTRIC, OR'NEON SIGN, OR FLASHING ILLUMINATED SIGN OR SIGNAL WHICH IS SIMILAR. TO, OR RESEMBLES, A POLICE OR FIRE EMERGENCY SIGNAL OR WHICH IS SIMILAR TO OR RESEMBLES ANY OFFICIAL TRAFFIC CONTROL DEVICE; CONTAINING A SAVINGS CLAUSE; PROVIDING FOR PUBLI- CATION AND EFFECTIVE DATE. 2( The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye FIRST READING OF AN ORDINANCE GRANTING TO AIRLINE TAXI, INC. A FIVE YEAR FRANCHISE IN THE FORM PRESCRIBED BY ORDINANCE N0. 4536, PASSED AIM APPROVED BY THE CITY COUNCIL ON MAY 23, 1956, FOR THE PURPOSE OF OPERATING TAXICABS ON AND OVER TIE PUBLIC STREETS, ALLEYS AND PUBLIC THOROUGIFARLS OF TIE CITY OF CORPUS CHRISTI. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Farrell D. Smith Aye W. J. Roberts Aye Minor Culli Aye B. E. Bigler Aye Manuel P. Maldonado Aye FIRST ILEADLIG OF AN ORDINANCE GRANTING TO CORPUS CHRISTI TRANSPORTATION COMPANY A FIVE YEAR. FRANCHISE IN THE FORM PRESCRIBED BY ORDINANCE NO. 4536, PASSED AND APPROVED BY TIE CITY COUNCIL ON MAY 23, 1956, FOR THE PURPOSE OF OPERATING TAXICABS ON AND OVER TIE PUBLIC STREETS, ALLEYS AND PUBLIC THOROUGHFARES OF THE CITY OF CORPUS CHRISTI. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Farrell D. Smith Aye W. J. Roberts Aye Minor Culli Aye B. E. Bigler Aye Manuel P. Maldonado Aye FIRST READING OF AN ORDINANCE GRANTING TO KING CAB COMPANY, INC. A FIVE YEAR FRANCHISE IN THE FORM PRESCRIBED BY ORDINANCE NO. 4536, PASSED AND APPROVED BY THE CITY COUNCIL ON MAY 23, 1956, FOR THE PURPOSE OF OPERA- TING TAXICABS ON AND OVER THE PUBLIC STREETS, -ALLEYS AND PUBLIC THOROUGH- FARES OF THE CITY OF CORPUS CHRISTI. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Farrell D. Smith Aye W. J. Roberts Aye Minor Culli Aye B. E. Bigler Aye Manuel P. Maldonado Aye FIRST READING OF AN ORDINANCE GRANTING TO RED TOP CAB COMPANY A FIVE YEAR FRANCHISE IN TIE FORM PRESCRIBED BY ORDINANCE NO. 4536, PASSED AND APPROVED BY THE CITY COUNCIL ON MAY 23, 1956, FOR THE PURPOSE OF OPERATING TAXICABS ON AND OVER. THE PUBLIC STREETS, ALLEYS AND PUBLIC THOROUGHFARES OF THE CITY OF CORPUS CHRISTI. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Farrell D. Smith Aye W. J. Roberts Aye Minor Culli Aye B. E. Bigler Aye Manuel P. Maldonado Aye ORDINANCE No. 4541 AMENDING ORDINANCE N0. 4163 ADOPTED ON THE 23RD DAY 07 PARCH, 1955s APPEARING OF RECORD IN VOId7i•4E 23, PAGES 624 ET SEQ OF THE ORDINANCE AND ESOLUTION RECORDS OF THE CITY ENTITLED "AN ORDINiNICE ADOPTING AID PRO- MULGATING RULES AND REGULATIONS GOVERNING THE PLATTING OF LAND D70 SUBDIVISIONS IN THE CITY OF CORPUS CHRISTI AND WITHIN A DISTANCE OF FIVE (5) MILES OF THE CORPORATE LIMITS OF THE CITY OF CORPUS CHRISTI, AND REQUI:RLNG PLATS TO CONFORM TO SUCH RUIES AND REGULATIONS IN ORDER TO PROCURE THE APPROVAL OF THE CITY ZONING AND PLANNING C0MMISSION OF THE CITY OF .CORPUS CHRISTI, DEFINING TERMS; FORBIDDING TRANSFERS OF LAND WITHOUT COMPLYING WITH THE TERMS OF THIS ORDINANCE; REPEALING ORDINANCE NO. 1032 AND ORDINANCE NO. 1157 OF THE CITY OF CORPUS CHRISTI; PROVIDING PENALTIES FOR THE VIOLATION OF ANY OF THE PROVISIONS THEREOF; PROVIDING FOR THE PARTIAL VALIDITY OF SAID ORDINANCE; AND PROVIDING FOR THE EFFECTIVE DATE AND PUBLICATION OF SAID ORDINANCE; AND DECLARING AN, EMERGENCY", BY ADDING TO SECTION VI OF ORDINANCE NO. 4163 A NL 4 PARA- GRAPH DESIGNATED AS PARAGRAPH D SO AS TO PROVIDE AN ADDITIONAL EXCEPTION TO THE PROVISIONS OF ORDINANCE NO. 4163 IN SETTING FORTH A PROCEDURE FOR THE ISSUANCE OF CITY PERMITS FOR UNPLATTED PROPERTY IN DEVELOPED AREAS OF THE CITY AND PROVIDING A PROCEDURE FOR THE PLATTING OF'SUCH PROPERTY; PROVIDING FOR PUBLICATION; CONTAINING A SAVINGS CLAUSE; AND DECLARING Ail EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler ATe The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye Minor Cull! Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye There being no further business to come before the ,�,91upcil, the meeting was adjourned. Y07 MAYOR THE CITY OF CORPUS CHRISTI, TEXAS City Secreta y REGULAR COUNCIL "•SETING June 6, 1956 2:00 p.m. PRESENT: Mayor Farrell D. Smith Commissioners: W. J. Roberts City Manager Russell E. McClure Minor Culli City Attorney I. M. Singer B. E. Bigler City Secretary T. Ray Kring Manuel P. Maldonado Mayor Farrell D. Smith called the meeting to order. The Invocation was given by Dr. Jack Byrom, of Grace Temple Baptist Church. City Secretary Kring called the roll of those in attendance. Mayor Smith asked for a motion to defer the approval of the Minutes of the Regular Meeting of May 31st as he would like them to reflect a little more detail of the discussion with �- Cortelyou on the bridge over the Tule Lake Channel. Motion by Culli, seconded by Maldonado and passed that the approval of the lanutes of the Regular Meeting of May 31, 1956, be deferred for more details as referred to by Mayor Smith. Mayor Smith announced the next item on the agenda was the opening of bids on Storm Sewer Improvements in drainage in Arcadia Village. Bids were opened and read from the following: T. H. Lee Slovak Brothers Heldenfels Brothers Mayor Smith invited anyone with petitions or information for the Council on matters not scheduled on the agenda to come forward. William Keys, representing C. H. Leavell & Co., appeared with reference to Council approval of payment of final estimate in connection with the 0. N. Stevens ,Dater Filtration Plant. Mayor Smith answered that he understood the matter has been properly completed and is now ready for acceptance, and he.assumed it would be included under City Manager's Other Reports. Mayor Smith announced the Council would next hear the City Manager's Reports. ;-lotion by Culli, seconded by Roberts and passed that the date for receipt of bids for Disaster `darning System Equipment be reset for June 20 ,1956• Motion by Roberts, seconded by Bigler and passed that the City Manager be authorized to advertise for bids to be received June 27, 1956, on 2600 feet of asbestos pipe for conveying effluent from the Oso Sewer Treatment Plant to the Golf Course. Motion by Roberts, seconded by Culli and passed that the injury leave for Officer Alvin E. Martin, Police Division, injured July 3, 1954, in the performance of his duties, and on leave since that time on full salary, be continued until October 3, 1956. Motion by Bigler, seconded by Culli and passed that the Regular Meeting of June 20, 1956, be set for Hearing on the application of Drs. J. M. Prewitt and Paul Brandes for a Special Council Permit for a Veterinary Hospital to be located on a tract of land 185 feet.by 250 feet, fronting on Lexington Boulevard, now 29 zoned for Secondary Business. Motion by Bigler, seconded by Culli and passed that 75% of the retainage fee on Unit A in the amount of $43,202.56, making a total due at this time of '161,010.02, be released for work performed by H. B. Zachry Company in connection with the construction on the Oso Sewage Treatment Plant. Motion by Roberts, seconded by Maldonado and passed that the City Manager be authorized to advertise for bids to be received June 27, 1956, for concession rights for the Coliseum and Exposition Hall, with the catering service to be considered on an alternate basis. Motion by Roberts, seconded by Bigler and passed that payment of final estimate in the amount of $102,129.30 be made to C. H. Leavell & Company for the construction of the 0. 21. Stevens Water Filtration Plant. Motion by Bigler, seconded by Roberts and passed that the application of Corpus Christi Industrial Properties, Inc., for a Hearing before the City Council to consider the granting of a sidetrack use privilege across Highway 44 be received and proper notice be issued and Hearing be set for Tuesday, July 10, 1956 at 2:00 p.m. Motion by Roberts, seconded by Bigler and passed that materials, equipment and chemicals, in the amount of $2,813.69 be purchased with funds from the General Fund Emergency Account for the Chemical Treatment of odors in Oso Flats. In answer to a question from the audience as to the possibility of the Privateers Country Club buying the Oso Golf Course from the City, Mayor Smith stated that unofficially he had been informed the matter would be discussed by their Board of Directors at their next meeting. He further pointed out the unfitness of the property to be reclaimed for residential use because it is filled area; the original deed to the Golf Course property contained restrictions which state that the property will revert to the original stockholders if the property is not perpetually used as a municipal golf course or a park, however, if the legal abstracts can be overcome, there are some advantages to the City of getting the area back on the tax rolls. Mayor Smith stated that he has had several phone calls on the newspaper account of the pro- posed sale of the Medina Lake and Dam, and stated that although the Council has no intention of going into com- petitive bidding against any City who by nature would be entitled to first consideration, the Council is interest- ed in studying the matter jointly with other cities and water districts. He further explained that it would mean either a 20 -mile cut of 20 -:Wile pipeline to the Atascosa River to flow down to our lake, and that it is the Guadalupe -Medina Flood Water Reclamation Association District, made up of about 26,500 acres of land originally designed to irrigate 32,000 acres in the District of about 90 miles of lake shoreline. ORDINANCE N0. 4543 AN ORDINANCE GRANTING TO ELI ABRA111 , DBA COURTESY ADVERTISIIIG COMPANY, A FRANCHISE TO CONSTRUCT, ERECT AND MAINTAIN FOR A PERIOD OF FIVE YEARS AT LOCATIONS ON THE ROUTES OF BUSES AND OTHER PUBLIC CONVEYANCES IN THE CITY OF CORPUS CHRISTI, BENCHES FOR USE OF THE GENERAL PUBLIC; TO USE AND EM- PLOY THE STREETSIDE THEREOF FOR ADVERTISING; PROVIDING FOR A FIXED CHARGE FOR SAID FRANCHISE AND FOR PAYMENT OF A PERCENT OF -THE GROSS RECEIPTS TO THE CITY; PROVIDING FOR TIE DESIGNATION OF LOCATIONS AND THE PROPER CON- L STRUCTIO14 AND MAINTENANCE OF SAID BENCHES; LIMITING THE CHARACTER AND KIND OF ADVERTISING PERMITTED; PROVIDING FOR PUBLIC LIABILITY INSURANCE TO PROTECT THE CITY AND GRANTEE AND THE PUBLIC; CONTAINING PROVISIONS FOR FORFEITURE OF THE FRANCHISES; CONTAINING A SAVINGS CLAUSE; PROVIDING FOR THE ASSIGNMENT OF SAI,-, SAID FRANCHISE NOT BE EXCLUSIVE. The foregoing ordinance was read for the third time and passed by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Minor Culli Aye M. P. Maldonado Aye II ORDINANCE No. 4544 AMENDING ORDINANCE NO. 4314 ENTITLED MAN ORDINANCE PROHIBITING TIE USE OF FLASHING IIIARINATING SIGNS, THE USE OF SPOTLIGHTS; FLASHING ILLUMINATED SIGNS SIMILAR TO POLICE OR FIRE EMERGENCY SIGNAL, AND'ILLU.•LINATED INTER- IORS OR EXTERIORS OF BUIIZDINGS USED FOR ANY PURPOSE OTHER THAN RESIDENTIAL PURPOSES WITHIN OR WITHIN 200 FEET OF RESIDENTIAL PROPERTY ZONE IN SUCH MANNER AS TO CAUSE ANNOYANCE OR INCONVENIENCE OF PERSONS RESIDING IN, OR TO INTERFERE WITH THE PEACEFUL ENJOYMENT OF PROPERTY IN THE RESIDENTIAL SECTIONS OF THE CITY OF CORPUS CHRISTI; PROVIDING A PENALTY; PROVIDING FOR PUBLICATION", BY AMENDING SECTION 1 OF SAID ORDINANCE 4.314 SO AS TO REMOVE THAT PORTION COVERING SIGNS WHICH ARE SIMILAR TO POLICE OR FIRE EMERGENCY SIGNALS, AND BY ADDING SECTION 1-A PROHIBITING THE USE OF ANY SPOTLIGHT, ELECTRIC, OR NEON SIGN, OR FLASHING ILLUMINATED SIGN OR SIG- NAL WHICH IS SIMILAR TO, OR RESEMBLES, A POLICE OR FIRE EMERGENCY SIGNAL OR WHICH IS SIMILAR TO OR RESEMBLES ANY OFFICIAL TRAFFIC CONTROL DEVICE; CONTAINING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION AND EFFECTIVE DATE. The foregoing ordinance was read for the third time and passed finally by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye SECOND READING OF AN ORDINANCE GRANTING TO AIRLINE TAXI, INC. A FIVE YEAR FRANCHISE IN THE FORM PRESCRIBED BY ORDINANCE NO. 4536, PASSED AND APPROVED BY THE CITY COUNCIL ON MAY 23, 1956, FOR THE PURPOSE OF OPERATING TAXICABS ON AND OVER THE PUBLIC STREETS, ALLEYS AND PUBLIC THOROUGHFARES OF THE CITY OF CORPUS CHRISTI. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Farrell D. Smith Aye W. J. Roberts Aye Minor Culli Aye B. E. Bigler Aye Manuel P. Maldonado Aye SECOND READING OF AN ORDINANCE GRANTING TO CORPUS CHRISTI TRANSPORTATION COMPANY A FIVE YEAR FRANCHISE IN THE FORM PRESCRIBED BY ORDINANCE NO. 4536, PASSED AND APPROVED BY THE CITY COUNCIL ON MAY 23, 1956, FOR THE PURPOSE OF OPERATING TAXICABS ON AND OVER THE PUBLIC STREETS, ALLEYS AND PUBLIC THOROUGHFARES OF THE CITY OF CORPUS CHRISTI. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Farrell D. Smith Aye W. J. Roberts Aye Minor Culli Aye B. E. Bigler Aye Manuel P. Maldonado Aye SECOND READING OF AN ORDINANCE GRANTING TO KING CAB COMPANY, INC. A FIVE YEAR FRANCHISE IN THE FORM PRESCRIBED BY ORDINANCE NO. 4536, PASSED AND APPROVED BY THE CITY COUNCIL ON MAY 23, 1956, FOR THE PURPOSE OF OPERATING TAXICABS ON AND OVER THE PUBLIC STREETS, ALLEYS AND PUBLIC THOROUGHFARES OF THE CITY OF CORPUS CHRISTI. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Farrell D. Smith Aye W. J. Roberts Aye Minor Culli Aye B. E. Bigler Aye Manuel P. Rh1donado Aye SECOND FADING OF AN ORDINANCE GRANTING TO RED TOP CAB COMPANY A FIVE YEAR FRANCHISE IN THE FORM PRESCRIBED BY ORDINANCE NO. 4536, PASSED AND APPROVED BY THE CITY COUNCIL ON MAY 23, 1956, FOR THE PURPOSE OF OPERATING TAXICABS ON AND OVER THE PUBLIC STREETS, ALLEYS AND PUBLIC THOROUGHFARES OF THE CITY OF CORPUS CHRISTI. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Farrell D. Smith Aye W. J. Roberts Aye Minor Culli Aye B. E. Bigler Aye Manuel P. Maldonado Aye ORDINANCE No. 4545 AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE A CONTRACT WITH C. L. CASTOR CONSTRUCTION CO., INC., FOR THE CONSTRUCTION OF FOUR (4) CONCRETE. AND BRICK VALVE BOXES WITH MANHOLES AS SHOWN ON TIE PLANS ATTACHED TO THE CONTRACT AS SHOWN ON THE PLANS ATTACHED TO THE CONTRACT HERETO AND MADE. A PART HOOF, SAID CONSTRUCTION BEING IPJ CONNECTION WITH THE SOUTH STAPLES STREET RESURFACING JOB; PROVIDING FOR PAYMENT OF $2,434.00 OUT OF NO. 141 WATER MAINTENANCE AND OPERATION (WATER CONSTRUCTION DIVISION); AND DECLARING AN EMER9ENCY. 31 The Charter Rule was suspended by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye ORDINANCE No. 4546 WHEREBY THE CITY COUNCIL OFFICIALi.Y REFUSES, IN BEHALF OF THE PUBLIC TO ACCEPT ATTER?TED DEDICATIONS OF PROPERTY TO THE PUBLIC FOR ROADS, AL1.- YS AND UTILITY EASEMENTS BY F. L. VOWELLL, F. G. EVANS, JR., AND OTHERS, BY DEED RECORDED IN VOLUME 6?7, PAGES 344 TO 347, VOLUME 677, PAGES 342 TO 343 AND VOLUME 64o, PAGES 45 TO 47 OF TIE DEED RECORDS OF NUECES COUNTY, TEXAS; AND DECLARING All EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye ORDINANCE N0. 4547 AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI ADOPTED ON THE 27TH DAY OF AUGUST, 1937, APPEARING OF RECORD IN VOLUME 9, PAGES 565 ET SEQ OF THE ORDINANCE AND RESOLUTION RECORDS, AS AMENDED FROM TIME TO TI,11E AND PARTICULARLY AS AMEM= BY ORDINANCE No. 2266, PASSED AND APPROVED ON THE 4TH DAY OF MAY, 1943, APPEARING OF RECORD IN VOLU2,1; 16, PAGES 339 ET SEQ OF TIE ORDINANCE AND RESOLUTION RECORDS, BY AMEND THE ZONING MAP ADOPTED ON THE 4TH DAY OF MAY, 1943, BY CHANGING THE ZONING ON ALL OF LATS A AND B OF BAYVIEW ADDITION FROM nA-2" SECOND APARTMENT HOUSE DISTRICT TO "A-1" FIRST APARTMENT HOUSE DISTRICT USE;, ITEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT TLuR.U- ITH; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Mr. Baxter Jackson & Larry Tucker, of the Insurance Exchange, commended the Police Department, and particularly Sgt. Hewlitt, for their interest and efforts on behalf of the School Safety Program. Motion by Culli, seconded by Roberts and passed that the City Secretary be directed to notify Chief Dick Runyan and Sgt. Hewlitt of this commendation. There being no further business to come before the Council, the meeting was adjourned. MAYOR THE CITY OF CORPUS CHRISTI, TEXAS City Secretary 32 REGULAR COUNCIL 1BE June 13, 1956 2:00 p.m. SEN: Mayor Farrell D. Smith Corr '' ssioners: W. J. Roberts City Manager Russell E. McClure Minor Culli City Attorney I. M. Singer B.. E. Bigler City Secretary T. Ray Kring Manuel P. Maldonado Mayor Farrell D. Smith called the meeting to order. The Invocation was given by Reverend MacNaboe, of Corpus Christi Cathedral. City Secretary Kring called the roll of those in attendance. Mayor Smith invited anyone in the audience with petitions or information for the Council on matters not scheduled on the agenda to come forward. No one appeared. Mayor Smith announced the Council would next hear the City Manager's Reports. Motion by Culli, seconded by Bigler and passed that July 24, 1950, during a special meeting of the Council at 2 p.m. be set for a public hearing on the application of R. Ballard and Grady St. Clair for a change of zoning on property at the corner of Gollihar and Weber Rd. Motion by Bigler, seconded by Maldonado and passed that the proposal of R. S. Black, Civil Engineer, be accepted for plans & specifications in connection with the proposed construction of.a swimming pool and that an ordinance be prepared authorizing the City Manager to execute a contract for said work in the amount of $1700.00 which amount includes customary, normal supervision of construction. Motion by Culli, seconded by Roberts and passed that the City Attorney's recommendation be accepted in the matter of the request of Chas. G. Lyman for the refund of certain monies paid by L. C. McClaugherty to the City involving the transfer of McClaugherty's driverless car franchise, and the refund be refused. Motion by Bigler, seconded by Roberts and passed that William P. Harrington be re -appointed to the Civil Service Board for a 3 -year term. Motion by Roberts, seconded by Maldonado and passed that William E. Woods, Harry Hayes and Dr. S. Evans Brown be re -appointed to the City Solicitations Commission for a term of three years each. Motion by Bigler, seconded by Roberts and passed that Heldenfels Brothers be awarded the bid for Arcadia Village Storm Sewers Project at the low bid of $130,730.70. (See Bid Tabulation 1,104 in file). ORDINANCE NO. 4<43 AUTHORIZING AIM DIRECTING TIE: CITY YMNIAGER OF THE CITY OF CORPUS CHRISTI, TEXAS, TO EXECUTE FOR AND OId BEHALF OF SAID CITY A 1E ASE AGREEl%1ENT WITH TIM WEST OSO =EPENDENT SCHOOL DISTRICT, COVERING BUILDING N0. 000, LO- CATED AT CUDDIHY FIELD, INECES COUNTY, TEXAS, A COPY OF WHICIi IEASv' AGIi;E- I�ZNT IS ATTACI-ED II;RETO AND M&Dv A PART HEREOF; AND ECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye 33 ORDINANCE N0. 4549 AUTHORIZING AND DI1?ECTING THE CITY MANAGER FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE A CONTRACT WITH THE CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT FOR THE PREPARATION BY TIE CITY OF Er[ILOYEE PAYROLLS AND PAYROLL REPORTS FOR THE SCHOOL DISTRICT, FOR A TERM OF TJO YEARS BEGINNING JULY 1, 1956, IN ACCORDANCE 'MH THE TERI'7:S AND CONDITIONS OF SAID AGREEMENT, A COPY OF TvEUCH IS ATTACHED HERETO AND MSE A PART HEREOF; AID DECLARING AN EIERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye ORDINANCE No. 4.550 AUTHORIZING AND DIRECTING THE CITY TWITA GER FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE A CONTRACT JITH HELDENFi13 BROTHERS FOR CONSTRUCTION OF ARCADIA VILLAGE STORM Saor,RS, PROJECT 3-17, AS r,ORE FULLY DESCRIBED IN THE PLANS, SPECIFICATIONS AIM CONTRACT DOCUI9ENTS MADE A PART HEREOF BY REFERENCE; APPROPRIATING FROM NO. 295 STORM SE7ER BOND IMPROVE- MENT FUND THE SUM OF $137,325.00, OF WHICH SUM $130,786.70 IS THE C014TRACT PRICE AND $6,533.30 IS FOR CONTINGENCIES; AND DECLARING AN EM1RGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye The foregoing ordinance was passed by the follmtring vote: Farrell D. Smith Aye ivdnor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye ORDINANCE 110. 4.551 RECEIVING AND ACCEPTING THE WORK OF CONSTRUCTION OF CURB AND GUTTER AW14G BRA'ATZR PAR11-ClAY, PERFORMED BY SLOVAK BROTIiERS, INCORPORATED, U117DER THEIR CONTRACT WITH THE CITY DATED MAY 10, 1956, AS AUTHORIZED BY ORDINANCE NO. 4.510; AUTHORIZING PAYMENT OF FINAL ESTIifiATE, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, DATED MAY 31, 1956, IN THE AMOUNT OF $2,086.84 To BE PAID OUT OF FUNDS HERETOFORE APPROPRIATED FOR CONTINGENCIES 014 UNIT IV, PROCTOR-BRA,JNER STORM STIR, PROJECT 3-12, 14 OUT OF NO. 295 STORK! SEVER BOND IMPROVEIiENT FUND; AND DECLARING Aid EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye anor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye ORDINANCE NO. 4552 RECEIVING AND ACCEPTING THE WORK OF CONSTRUCTION OF A PARKING LOT AT SOUTH BLUFF PARK, PERFORMED BY ZACHRY CONSTRUCTION COITIFANY, UNDER TIEIR CONTRACT WITH THE CITY DATED MAY 3, 1956, AS AUTHORIZED BY ORDINANCE NO. 4520; AUTHORIZING PAYMENT OF FINAL ESTIMATE, A COPY OF WHICH IS ATTACHED HERETO AND MASE A PART HEREOF, DATED MAY 299 19569 IN TIE AMOUNT OF $2,287.85, TO BE PAI) OUT OF THE CURRENT BUDGET OF THE PARK AND RECREATION DEPARTMENT, CAPITAL OUTLAY, ACCOUNT CODS; 505; AND . DECLARING AN E1"'R.GENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye 1 -nor Culli Aye W. J. Roberts Aye Manuel P. T�hldonado Aye 34 The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye Minor Cull! Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye ORDINANCE N0. 4553 RECEIVING AND ACCEPTING i EE WORK OF CONSTRUCTION OF SID07,IALKS IN THE BLUCHER PARK ARZA AICD AROUND THE. MEMORIAL COLISEUM, PERFORMED BY WOMACK AND MANNING UNDER THEIR CONTRACT WITH THE CITY DATED MARCH 23, 1956, AS AUTHORIZED BY ORDINANCE NO. 4430; AUTIIORIZING PAYMENT OF FINAL ES=-IATE, A COPY OF `vdHICH IS ATTACHED HERETO AND MADE A PART HEREOF, DATED MAY 31, 1956, IN THE AMOUNT OF $2,967.35 AS FOLL4S: $1,334.41 FROM FUNDS PROVIDED IN TIE PARK AND RECREATION DEPARTMENT 1955-56 BUDGET, CODE, 505, AND THE BALANCE OF Y1;032.94 BY ASSESSMENT AGAINST PROPERTY OWNERS; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the follotiring vote: Farrell D. Smith Aye Minor Culli ACTe W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye Minor Cull! Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye ORDINANCE ITO. 4554 GRANTING TO ROY SMITH HOMES, INCORPORATED, A TEXAS CORPORATION, A FRANCHISE TO CONSTRUCT A SANITARY SE`ZR LIN^ 'N=HIN THE DEDICATED RIGHT OF 'WAY OF MCAR,DLE ROAD IN THE CITY OF CORPUS CHRISTI, TEXAS, EXTENDING FROM BLOCK 9 MOUNT VERNON SUBDIVISION NO. 3, TO TIE INTER- SECTION OF ZARSIff DRIVE IN THE CITY OF CORPUS CHRISTI, TEXAS; PROVIDING A LIMITATION ON THE CHARGES WHICH MAY BE MADE FOR CONNECTIONS TO SAID LIQ; PROVIDING FOR THE TERM OF SAID FRANCHISE; PROVIDING FOR ASSIGN- MENT OF SAID FRANCHISE, AND PROVIDING GENERAL PROVISIONS FOR THE EXER- CISE OF THE FRANCHISE. The foregoing ordinance.was read for the third time and passed finally on the 13th day of June, 1956, by the following vote. Farrell D. Smith Aye W. J. Roberts Aye Minor Culli Aye B. E. Bigler Aye Manuel P.. Maldonado Aye FIRST READING OF AN ORDINANCE GRANTING TO MISSION RENT -A -CAR, INC., A FRANCHISE TO ENGAGE IN THE BUSINESS OF OPERATING A "DRIVERLESS AUTOMOBILE" BUSINESS FOR THE OPERATION OF "DRIVERLESS AUTOMOBILES" ON AND OVER THE PUBLIC STREETS WITHIN THE CITY LIMITS OF THE CITY OF CORPUS CHRISTI: PRO- VIDING, WITH CERTAIN EXCLUSIONS, FOR THE PAYMENT OF $100.00 PER MONTH OR FIVE PER CENT OF THE GROSS RECEIPTS IF SUCH PERCENTAGE EXCEEDS X100.00 PER MONTH OR FIVE PERCENT OF GROSS RECEIPTS AIM FOR THE PAYMENT OF ANY FURTHER CHARGES, MENTAL FEES, OR OTHER FEE WHICH MAY SUBSEQUENTLY BE LEGALLY I14POSED UPON SUCH BUSINESS; AMD SETTING OUT CERTAIN CONDITIONS UNDER WHICH SAID BUSI;ESS IS TO BE OPERATED AND PROVIDING FOR THE FOR- FEITURE OF SAID FRANCHISE AND THE METHOD OF REINSTATING SAME; PROVIDING FOR A WRITTEN ACCEPTANCE TO BE DELIVERED BY THE GRANTEE TO THE CITY SECRETARY, AND GIVING GRANTEE TIE RIGHT TO TRANSFER FRANCHISE TO A CORPORATION TO BE FORMED BY GRANTEE. The foregoing ordinance was read for the first time and passed to its second reading on the 13th day of June, 1956, by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Mayor Smith explained the purpose of a hearing the next matter to be taken up regarding the establishing of setback lines on Ocean Drive between a point thirty feet north of the South line of Lot 4, Block 5, Alta Vista Addition, and Rossiter Street and the safety factors involved in straightening out the 90 degree curve. Motion by Bigler, seconded by Culli and passed that June 20, 1956, during the regular meeting of the Council at 2:00 p.m. be set for a public hearing on establishing setback lines on Ocean Drive, and the City Secretary be directed to publish proper notice of said hearing. 35 There being no further business to come before the Council, the meeting was adjourned. J City Secretary PRESENT: Mayor Farrell D. Smith Commissioners: W. J. Roberts Minor Culli B. E. Bigler :1anuel P. Maldonado PAYOR THE CITY OF CORPUS CIMISTI, TEXAS SPECIAL COUNCIL =1 TING June 19, 1956 2:00 p.m. City Manager Russell E. McClure Asst. City Attorney Glenn Parker Acting City Secretary Doris Francis Mayor Farrell D. Smith called the meeting to order. Motion by Culli, seconded by Roberts and passed that Doris Francis be appointed Acting City Secretary in the emergency absence of City Secretary Kring. The Acting City Secretary called the roll of those in attendance. 1.1ayor Smith announced the purpose of the special meeting was a public hearing to consider 7 applications for re -zoning. Mayor Smith announced the first application to be heard was that of Ames Pone Haynes for a change of zoning from "R-1" One -Family Dwelling District to "B-3" Secondary Business District on 300 x 400 feet located at the northwest corner of the intersection of Doddridge and Alameda, containing a 2 X54 acres of land. Mayor Smith read the recommendation of the Zoning & Planning Commission for approval on the basis of the applicant's program, as a community asset subject to the filing and approval of necessary plats fixing building lines, parking areas, etc., and noted that the final plat of this property has been corrected to meet the requirements of the Planning & Zoning Commission's conditional approval. Mr. Bob Burr, Senior Planner, located the property on the zoning map and reviewed the appli- cation, and presented architects' drawings of the ?proposed land development. W. W. McClendon presented the application for the applicant and explained the proposed uses of the property which includes a Bank or Savings Loan Company. Mr. Robert P. ?„Iallace explained to the Council that the banking laws require that a bank or savings and loan company must be all in one building. The possibility of granting a."B-3" zoning with restrictions was discussed, or of granting a "B-1” with permission for a bank and/or savings and loan company. No one appeared in opposition to the application. Motion by Roberts, seconded by Maldonado and passed that the hearing be closed and the application be taken under advisement. The next case was the application of Miss Eleanor Kelly. Mr. L. H. Grosse Jack 'J. Croom, Mrs. J. E. Jones and Mr. P. E. Jones for a change of zoning from 1'11-2" Two -Family Dwelling District to "B-1" Neighborhood Business District on Lots 1, 2, 3, 4, 5, and 6, Block 9, Bayview Addition No. 2, being located on the west side of Brownlee Boulevard extending from Craig Street south. Lev Hunt, attorney, stated that Mr. L. H. Gross wanted to be present at the hearing and was unable to appear at this meeting, and requested that the hearing be postponed until the next hearing on zoning cases. Mayor Smith asked if there was anyone who had come to speak either for or against the application who would like to be heard. No one appeared. Motion by Culli, seconded by Maldonado and passed that the hearing be deferred until the next zoning hearing at the request of the applicant. 36 The next case was the application of Mr. C. C. Tribble, d/b/a/ Tribble Advertising Company for a change of zoning from "R-2" Two -Family Dwelling District to "B-3" Secondary Business District on that part of Lot 15, Woodlawn Addition, lying south of Leopard Street (Highway 9) and situated at the southeast corner of Leopard Street (Highway 9) and Elmore Drive. Mayor Smith read the recommendation of the Zoning & Planning Commission that the application be denied on the basis that no public necessity had been demonstrated for the requested change and with the feeling that the granting of this application would lead to further expansion of the business zone within a new area. James Wray, attorney, presented the case for the applicant on the basis that since there was left only 3410 sq. ft. of property after the. County had taken the right of way it needed, under the present zoning there was not one single use to which the owner could put the property. He stated that he felt that property could not be so zoned as to deny the owner the right to use his property, and that all his client wanted was the right to erect a sign on it as the owner's legitimate business. It was brought out that there had been a sign when the right of way had been taken which had been permitted to remain, but it had blown down during a storm, and under the present zoning the owner had not been permitted to rebuild it. Mayor Smith pointed out that the property owner was aware of the zoning and the dimensions of his property at the time he sold the right of way to the County, and that that had been the proper time to collect his damages; that the owner had accepted the payment made by the County so had evidently been satisfied. Mr. 0. W. JQLes, representing the Woodlawn Presbyterian Church, appeared in opposition to this application, stating that he had appeared 3 times in opposition to the sign; that when that Highway was constructed everybody was amply paid for their land; and that a billboard or sign on that property obstructs the view of people driving down Elmore Drive. tion be denied. Motion by Culli, seconded by Maldonado and passed that the hearing be closed and the applica- The next case was the application of Mr. `_T. M. Alexander. Mr. P. G. Melton. Miss Evel-7n Turner, and Mr. 0. H. Turner for a change of zoning from "R-1" One -Family Dwelling District to "B-3" Secondary Business District on Lots 3, 9, 10, and 11, Block 37, Del l7ar Addition, being located at the southwest corner of Cole Street and South Staples Street. Mayor Smith read the recommendation of the Zoning & Planning Commission for denial on the basis i that the development of business at this location would lead to further congestion within an already critical area, that the proposed development apparently had no provision for adequate parking, and that its granting would represent an encroachment on an established residential neighborhood. lis. Burr located the property on the zoning map and presented the facts of the application. Cecil Burney, attorney, appeared for the applicant. He presented a map and pictures of the business in the surrounding area, and stated that because of its nearness to the Six -Points shopping area it was unsuitable for residential purposes, and that if the zoning requested was granted, the use of the property would not be objectionable in a residential area. Gordon Lewis, 627 Del Mar, Mrs. Paul G. Smith, 613 Del Mar, Mrs. V. V. McKinney, 622 Del Mar, Y.r. & Mrs. Clarence Baum, 610 Del Mar, all appeared in objection to the application on the basis that it would and their use of their property greatly reduce the value to them of their residential property/for their homes.. be denied. Mr. Lewis offered to buy any of those lots for residential purposes. Motion by Roberts, seconded by Culli and passed that the hearing be closed and the application The next,case was the application of Goodd.Uill Industries of Cornus Christi_. Inc.. and Others for a change of zoning from "R-1" One -Family Dwelling District to "B-3" Secondary Business District on that por- tion of property not already zoned "B-3" being generally that property on the west side of the 3900 block of South Port Avenue. 3'7 Mayor Smith read the recommendation of the Zoning & Planning Commission for approval as a logical extension of the existing zoning over the balance of individual properties now divided by a zoning district boundary. Mfr. Burr located the property and reviewed the application. Arthur Scott, Executive Director of Goodwill Industries, explained that they have a contract for the purchase of 150 feet of land if the zoning change is granted, and that they have the money for the purchase and for the expansion, and they need the extra space for their work. Mayor Smith suggested the dedication of a street to line up.with one of the through streets, and suggested the approval of the application with the stipulation that a street be worked out with Mr. Burr. No one appeared in opposition to the application. Motion by Bigler that the recommendation of the Zoning & Planning Commission be accepted and the application be approved. After some discussion, Commissioner Bigler amended his motion. Motion by Bigler, seconded by Roberts and passed that the hearing be closed and the application be granted on the property owned by Goodwill Industries only, and the application for the re -zoning of the rest of the property be tabled. The next case was the application of Mr. Seid Karam for a change of zoning from "R-1" One -Fami- ly Dwelling District to "B-1" Neighborhood Business District on Lots 46 and 47, Block 1400, Bay Terrace No. 2, being located at 1308-1310 Seventeenth Street. Mayor Smith read the recommendation of the Zoning & Planning Commission for approval as a logical extension of an existing business area of limited size. Mr. Burr located the property and reviewed the application. Mr. Gerber, representing Ada Oil Company, stated that in order to erect the type of modern service station they desired, they needed an additional 50 feet, that the setback line was 25 feet and that the station would set back another 12 feet and that a 25 -foot lot would be left as a buffer between the.service station and the residential property. The Council brought up the question of the possible widening of Morgan Street in'the near future and the effect on the property in question. Motion by Bigler, seconded by Culli and passed that the application be tabled for further information regarding the widening of Morgan Street. U. The next case was the application of Mr. Geronimo Serna, Mr. Ricardo A. Perez and Mr. Estevan A. Perez for a change of zoning from "R-1" One -Family Dwelling District to "B-1" Neighborhood Business District on Lot 26, Block 6, Molina No. 2 Subdivision, being located on the 17J corner of Villareal and Angela Streets. Mayor Smith read the recommendation of the Zoning & Planning Commission for approval as a logical expansion of an existing business area. Mr. Burr reviewed the application. Geronimo Serpa, one of the applicants, stated that he wished to relocate his filling station on the corner to accommodate the business which he has built up in the year he had been operating. be granted. No one appeared in objection to the application. Motion by Roberts, seconded by Bigler and passed that the hearing be closed and the application There being no further business to come before the Council, the Special Meeting was adjourned. MAYOR TIS CITY OF CORPUS CHRISTI, TEXAS City Secretary PRrSENT: Mayor Farrell D. Smith C issiongrs: W. J. Roberts Minor Culli B. E. Bigler Manuel P. Maldonado folloanng.0 REGULAR COUNCIL M-EETING June 20, 1956 2:00 n.m. City Manager Russell E. McClure City Attorney I. M. Singer City Secretary T. Ray Kring Mayor Farrell D. Smith called the meeting to order. The Invocation was given by Reverend Lamar Leifeste, of Aldersgate Methodist Church. City Secretary Kring called the roll of those in attendance. Mayor Smith announced the opening of bids. Bids were opened and read on re -working and surface paving of 20 miles of streets from the Thos. L. Scott, Inc. South Texas Construction Co. Roy Dugger Company J. Carroll Weaver Heldenfels Brothers Motion by Culli, seconded by Maldonado and passed that the foregoing bids be tabled for 43 hours as required by the City Charter, and referred to the City Manager for tabulation. Bids were opened and read on Disaster Warning System Equipment from the following: Corpus Christi Hardware Co. Fyr-Fater Sales & Service Co. General Electric Supply Co. Graybar Electric Co. SAMSCO Southwest Equipment & Extinguisher Co. Tbtion by Culli, seconded by Maldonado and passed that the foregoing bids be tabled for 43 hours as required by the City Charter, and referred to the City Manager for tabulation. Mayor Smith announced the disposition of some pending items of zoning before the Council. Motion by Maldonado, seconded by Roberts and passed that the application to the Zoning & Plann- ing Commission for the re -zoning from "R-1" One -Family Dwelling District to "B-3" Secondary Business District on Lots 2 - 10, Block 1, Boulevard Place (south side of Lexington Blvd. between Cosner Dr. east of Kostoryz Rd.) be denied. Motion by Roberts, seconded by Bigler and passed that the application of Greg Gonzales for a change in zoning from 11A-2" Second Apartment House District to "B-1" Neighborhood Business District on Lot 6, Block 1, Jones Addition (TL corner of Lipan & Josephine Sts.) be denied. In connection with the application of W. G. McKenzie & Calvin Hockley for a change of zoning from 11R..1" One -Family Dwelling District to "B-1" Neighborhood Business District on Lots 1 & 2, Block 3, Koolside Addition, Cecil Burney, attorney, advised the Council of his negotiations in regard to deed restrictions and requested that he be given more time to contact the property owners involved and work out the matter. Motion by Roberts, seconded by Culli and passed that the foregoing application be deferred for 3 weeks, as requested by Mr. Burney. Motion by Roberts, seconded by Bigler that the application of C. A. Richter, J. A. Kosar, & E. S. Joslin for a change of zoning from "R-1" One -Family Dwelling District to "B-3" Secondary Business District on part of Tract E, Boulevard Acres Subdivision, i.e., all of Tract E south of the new Lexington right-of-way except the South 200' x 150' being on the south side of the 3100 block of Lexington Boulevard, and that part of Tract F south of the Lexington right-of-way generally at the S4 corner of Lexington Boulevard and Kostoryz Rd., be tabled for further study. Mayor Smith announced that the Council would now hold the Public Hearings, the first being an application for a Special Council Permit by Drs. Prewitt and Brandes for a Veterinary Hospital on a tract of land 135' x 250' fronting on Lexington Boulevard. Mr. Burr, Senior Planner, located the property on the zoning map and reviewed the application. Dr. Brandes, owner of Corpus Christi Dog & Cat Hospital and one of the applicants, explained the need for the re -location of the hospital was due to the 90 -foot right-of-way widening of Lexington Boulevard, and stated that they do not board horses, that they treat small animals, and that he believed they could locate the exercising pens between the two buildings. be granted. 391. No one appeared in opposition`to the application. Motion by Bigler, seconded by Roberts and passed that the hearing be closed and the application Mayor Smith announced the next hearing was on the establishing of setback lines on Ocean Drive between Rossiter and Minnesota in connection with the straightening of a hazardous curve, and that inasmuch as he was a resident within the area that is the subject matter of the hearing he was disqualifying himself on this particular hearing, and turned the Chair over to Mayor Pro -tem Roberts. Dave Coover, attorney representing Mesog Donigan and Lucy Welsh, requested that the Council defer this hearing for 2 weeks as he did not feel that his clients had had enough time on a matter that so seriously affects their property to study and analyze the situation and make any decision as to their reaction to the matter. He further stated that until they have had sufficient time to make an engineering study of possibili- ties and alternatives, that they would have to be unalterably opposed to the proposed plan. Mr. Burr located the proposed plan for the setback lines for the street and the curves to be affected, and Mr. Rice, Director of Traffic Engineering, explained the proposal from a traffic safety viewpoint, and stated that he felt that any improvement that was to be made should be made.to such an extent that it was done once and for all, and that for this reason the proposed curve had been laid out so that it could be nego- tiated at a reasonable speed without danger to property or vehicles, and that the radius proposed is that esta- blished by the Bureau of Public Roads as a curve safe for 50 miles per hour. Harry Hoag, representing Parnot Donigan and Gallaway Selby, read a letter to the Council stating the position of his clients. He presented a map of the area in question showing the existing right-of-way on Ocean Drive, one showing a setback line which his clients would be willing to accept and would be willing to donate the right-of-way as shown if the offer is accepted within 30 days, and an alternate map similar to the City•s proposed right-of-way map with alterations in length of curves and alignment from Sea View Lane southward, and requested that they be referred to the Engineering Department for study and consideration. The following appeared in favor of the proposed setback lines as proposed by the City and the modification of the curve in question: Pat McGloin, representing Arnold Morgan, property owner Cecil Burney, attorney, representing L. M. Fisher, property owner B. L. Collins, 3752 Ocean Drive Joe DeLeon, 102 Sea View Joe Wolfe, 130 Sea View Jack Blackman, Alta Plaza Marvin Erickson, property owner Mrs. J. B. Sanford, owner of small lot on corner of Ocean Drive and Rossiter, asked how the proposed setback lines would affect Rossiter, and it was explained to her that it involved a 9 -foot slice tapering to nothing. Mr. Hoag explained the reason for the taking of the corners at Rossiter was for the purpose of the widening of the street at that point. hearing. Dave Coover re -stated his opposition to any change and his request for a 2 week delay in the Both Mesog Donigan and Lucy Welsh stated that their willingness to trade or negotiate in connection with the proposed plan depends on the property required from them, and requested more time to study the situation. Everyone wishing to speak having been heard, motion was made by Culli, seconded by Bigler and passed that action on the matter be deferred for 2 weeks. Mayor Pro -tem Roberts announced that in the meantime any pertinent information could be obtained from Mr. Burr in the Zoning & Planning Department. the agenda. Mayor Pro -tem Roberts turned the Chair back to Mayor Smith. Mayor Smith asked if there were any petitions from the audience on matters not scheduled on City Secretary Kring read a petition which had been handed to him during the meeting, signed by property owners and residents of the Woodlawn Estates Area, requesting the immediate black top surfacing of Clare Drive, Woodlawn Drive and Daly Drive in Woodlawn Estates for the one block between Lexington Boulevard and Williams Drive, and Williams Drive from Clare Drive to Daly Drive. Motion by Roberts, seconded by Bigler and passed that the petition be received and referred to the Engineering Department. Mayor Smith announced the receipt of a petition requesting a maximum speed limit of 45 -miles per hour on Ocean Drive commencing immediately south of its intersection with Louisiana Avenue and extending to the present beginning point of the 45 -mile per hour zone at Sea View. Motion by Culli, seconded by Roberts and passed that the petition be received and referred to the Director of Traffic Engineering and the Traffic Safety Advisory Board for study and recommendation. Dave Coover, as a resident of the area, objected to the request contained in the petition and insisted that 30 -miles an hour was a reasonable and safe speed and that anything else makes a racetrack of Ocean Drive. Mr. Rice explained for the record that the statement which was credited to him in the news- paper headlines in connection with a 30 -mile speed limit on Ocean Drive had been picked up out of a discussion of the Buccaneer Days Celebration in which he had made the remark specifically with reference to Buccaneers Days. Mr. Erickson spoke against the petition. B. L. Collins, Jr. spoke in favor of the petition on the basis that the same conditions exist between Sea View and Louisiana as do further along where the speed limit is presently 45 -miles per hour. Mr. DeLeon wished to register his objection to the petition. Mayor Smith announced the Council would next hear the City Manager's Reports. Motion by Culli, seconded by,Naldonado and passed that the City Manager be authorized to advertise for bids to be received July 11, 1956, on an Asphalt Distributor. Motion by Culli, seconded by Bigler and passed that the Tax Error Correction List & Supple- mental Tax Roll for May be approved, and that the Tax Correction & Error List (Uncollectible Portion) for December, 1955, comprising Personal Property Taxes for the years 1919 through 19.50 not reduced to judgments totaling $93,430.05, be approved for striking from the tax rolls. Motion by Roberts, seconded by Bigler and passed that the regular meeting of July 4, 1956, be deferred until Thursday, July 5, 1956, due to the holiday. Motion by Culli, seconded by Roberts and passed that the City Manager be authorized to advertise for bids to be received July 5, 1956, on cleaning, coating and wrapping of 275,974 feet of steel pipe. Motion by Roberts, seconded by Bigler and passed that in connection with the Staples Street Improvements, the City accept the liens on persons not voluntarily signing an agreement for the pavement where such pavement is*located adjacent to a parkway section located between the main Staples Street and the Staples frontal street. Motion by Roberts, seconded by Bigler and passed that the City Manager be granted leave of absence for Thursday and Friday, June 23 and 29, to attend the Quarterly Meeting of the Executive Board of the International City Managers Association in Chicago, and that City Attorney I. M. Singer., be appointed Acting City Manager in his absence. 41 ORDINANCE 110. 4555 RENUMBERING AND REARRANGING ALL ARTICLES, SECTIONS AND PARAGRAPHS OF THE CHARTER OF THE CITY OF CORPUS CHRISTI AND TFIE AMENDMENTS THERETO IN ACCORDA14CE WITH THE ARTICLES, SECTIONS AND PARAGRAPHS AND TIM NUMBERS THEREOF HERETO ATTACHED AIM MADE A PART HEREOF, AND PROVIDING FOR TIM RECORDING OF SAID CILWER IN TIM MINUTES OF SAID CITY AND AUTHORIZING A COPY DULY CERTIFIED TO BE SENT BY THE MAYOR AND CITY SECRETARY TO THE SECRETARY OF STATE; AND DECLARING A21 EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B E. Bigler Aye Manuel P. Maldonado Aye (NOTE: Revised 1955 Charter is recorded for permanent record in the Minute Book immediately following the record of this meeting.) ORDINANCE N0. 4556 APPROPRIATING TIS, SUM OF $1,500.00 FROM NO. 230 BRIDGE REMOVAL AND RELOCA- TION BOND FUND FOR TRAVEL AND OTHER INCIDENTAL EXPENSES IN CONNECTION WITH TIS BASCULE BRIDGE PROJECT AIM RELOCATION OF TIM RAILROAD, BY THE DIRECTOR OF PLANNING, DIRECTOR OF PUBLIC TWORKS, FINANCE DEPARTMENT AND OTHER CITY PERSONNEL; AND DECLARING AN EMERGEITICY. The.Charter Rule was suspended by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye ORDINANCE No. 4557 .%CEIVING AND ACCEPTING TIM WORK OF COIISTRUCTION OF STREET AND STORM SES)ER IITROVEI•ENTS ON NUECES STRESET AND VAN THAN AVENUE IN THE HILLCREST AREA, MISCELLANEOUS STORM SE',rbR PROJECT 3-30, IN THE CITY OF CORPUS CHRISTI, NUECES' COUNTY, TEXAS, PERFORiu,D BY T. H. T-, UNDER HIS CONTRACT TWITH THE CITY DATED MARCH 23, 1950, AS AUTHORIZED BY ORDINANCE NO. 4431; AUTHORIZING PAYMENT OF FINAL ESTIM&TE, A COPY OF WHICH IS ATTACHED I113RETO AND M&DE A PART I-IEREOF, DATED MAY 31, 1956, IN TIC, ANIDUNT OF "P'10,219.22 TO BE, PAID OUT. OF FUNDS Inmu - TOFORE APPROPRIATED; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye ORDINANCE N0. 4553 AUTHORIZING AND DIRECTING TIM CITY 1WAGER FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO E:(ECUTE A CONTRACT WITH R. S. BLACK, CIVIL ENGINEER, OF CORPUS CHRISTI, TEXAS, FOR ENGINEERING SERVICES AND PREPARATION OF DETAILED PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF A S'nTI IMIG POOL IN T. C. AYERS PARK OF THE CITY OF CORPUS CHRISTI, FOR THE CON SIDE -RATION .OF $1,700.00 PAYABLE AS SET FORTH IN SAID AG=E11ENT; APPROPRIATING A10 REAPPROPRIATING THE SUM OF $1,700.00 OUT OF PARKL aLOPMENT ACCOUNT IN THE 1955-50 OPERATING BUDGEi T, FOR SUCH SERVICES, A COPY OF WHICH AGREEMENT IS ATTACHED. HERE TO ANT MADE A PART HEREOF; AND DECLARING Ali EMERGENCY. 42 The Charter Rule was suspended by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye %lanuel P. Maldonado Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bider Aye Manuel P. Maldonado Aye ORDINANCE NO. 4.559 TO PROTECT TIE; PUBLIC IE;ALTH AND WELFARE OF THE CITY OF CORPUS CHRISTI, BY PROVIDING THAT IT IS UNLJ4:4F UL FOR ESTABLISHMENTS HANDLING FOODSTUFFS DESIGNED FOR HU1KkN CONSUM[ITION TO E14PLOY PERSONS WHO ARE DISEASED, OR WHO HAVE NOT BEEN E,= ED FOR DISEASE AT REGULAR INTERVALS OR TO FAIL TO DISCHARGE EMPLOYEES INFLICTED WITH DISEASE OR TO EMPLOY PERSONS 111HO DO NOT HAVE, FOOD HANDIER • S PERMITS: BY _M=5 IT UNLA IFUL FOR AN EMPLOYEE IN A FOOD HANDLING ESTABLISHMENT To WORK WHO IS INFLICTED Tv=H A COrMU- NICABLE DISEASE; BY PROVIDING FOR TITE ISSUANCE OF FOOD HANDLERS PERMITS; BY PROVIDING FOR THE ISSUANCE OF HEALTH PERMITS; BY MAKING IT UNIXMIL L FOR ANY PERSON TO MAKE A FALSE STATEMENT IN CONNECTION WITH THE ISSUANCE OF A HEALTH CERTIFICATE BY PROVIDING FOR HEALTH CERTIFICATES TO BE FILED; PROVIDING FOR A FEE FOR THE ISSUANCE OF A FOOD HANDLERS FERMST; PROVIDING FOR TIE DISPLAY OF FOOD, HANDLE1Z1S PER:•B ; PROVIDING :PENALTIES FOR 'TIE VIOLATION THEREOF; AND DECLARING AN EMERGM, NCY. The Charter Rule was suspended by the following vote: Farrell D. Smith 'Aye Minor Culli Aye W. J. Roberts lye B. E. Bigler Aye i7anuel P. Maldonado Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye SECOND READING OF All ORDINANCE GRANTING TO MISSION RENT -A -CAR, INC., A FRANCHISE TO ENGAGE. IN THE BUSINESS OF. OPERATING A "DRIVERLESS AUTO- MOBILE" BUSINESS FOR THE OPERATION OF O'DRIVERIESS AUTOMOBILES" ON AND OVER THE PUBLIC STREETS WITHIN THE CITY LIMITS OF THE CITY OF CORPUS CHRISTI; PROVIDING, WITH CERTAIN EXCLUSIONS, FOR THE PAnENT OF $100.00 PER MONTH OR FIVE PER CENT OF THE GROSS RECEIPTS IF SUCH PERCENTAGE EX- CEEDS $100.00 PER MONTH OR FIVE PER CENT OF GROSS RECEIPTS AND FOR THE PAYMENT OF ANY FURTHER CHARGES, RENTALi'5a, OR OTI-1ER FEES WIICH MAY SUB- SEQUENTLY BE LEGALLY 11FOSED UPON SUCH BUSINESS; AND SETTING OUT CERTAIN CONDITIONS UNDER ?,ZIICH SAID BUSINESS IS TO BE OPERATED AND PROVIDING FOR THE FORFEITURE OF SAID FRANCHISE AND TIM METHOD OF REINSTATING SAME; PROVIDING FOR A WRITTEN ACCEPTANCE TO BE DELIVERED BY TIRE GRANTEE TO THE CITY SECRETARY, AND GIVING GRANTEE THE RIGHT TO TRANSFER FRANCHISE TO A CORPORATION TO BE FORDED BY GRANTEE. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye ORDINANCE No. 4.560 AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON BEIIALF OF THE CITY OF CORPUS CIi�;SSTI, TEXAS, TO EXECUTE A CONTRACT TrTITH SOUTHERN COMMUNITY GAS COMPANY, A `CORPORATION, FOR TIM; SALE TO THE CITY OF PORTIONS OF THE GAS DISTRIBUTION SYSTEM OF THE SOUTT.-IERN 'CO1.U7TillTY GAS COMPANY, PARTICU- LARLY INCLUDING ALL of TIE INSTALLATIONS:: J•TITIIIN` THE AREA COVERED BY TIIE FRANCHISE OF SAID COMPANY OF SLPTEMBER 21, 1951, AND TI E A.;EA SOUTH OF TIEi, CENTER LINE OF HIGITTTAY 44, EXTENDING FROM AIRPORT ROAD TO THE PRESENT , ESTERN CITY LIP ITS AND AGREEING TO TRANSPORT THE GAS REQU=-NTS OF SOUTH TEXAS COTTON OIL C0111PA14Y FOR SOUT ERN COMMUNITY GAS COMPANY UNTIL MARCH 1, 1960; APPROPRIATING AND REAPPROPRIATING SUFFICIE147 SUMS TO PAY FOR SAID PROPERTY OUT- OF FUNDS ALREADY APPROPRIATED FOR EXTENSIONS OF THE CITY GAS DISTRIBUTION SYSTEM, FUND NO. 106 GAS CONSTRUCTION FUND; AND DSCLAJR.ING AN EMERGENCY. C I T Y C H A R T E R CITY OF CORPUS CFVRIST10 TEXAS i75 REVISION CITY CHARTER CITY OF CORPUS CHRISTI9 TEXAS 1955 REVISION THIS IS A RE -COMPILATION OF THE ORIGINAL 1909 ACT OF THE TEXAS STATE LEGISLATUREy GRANTING A CHARTER TO THE CITY OF CORPUS I CHRISTI, AND THE AMENDMENTS ADOPTED IN 1945, 1949 AND 1955, AND RENUMBERED AND RE -ARRANGED IN 1956. RUSSELL E. McCLURE CITY MANAGER Ta RAY KRING CITY SECRETARY I. M. SINGER CITY ATTORNEY C I T Y O F F I C E R S FARR ELL D. SMITH . . . . . . . MAYOR W. J. ROBERTS . . . e . e . . .COMMISSIONER MINOR CULLI . . . . . e . e eCOMMISSIONER B. E. BIGLER . . . . COMMISSIONER MANUEL P. MALDONADO . . . . . COMMISSIONER CHARTER COMMISSI ON DR. JEAN RICHARDSON. . . . . e. . eCHAIRMAN R. K. CARTLIDGE. . . . . . . VICE—CHAIRMAN MRS. RAY AIRHEART. . . . . . . . SECRETARY FARRELL D. SMITH JOE GARZA ROBERT FLATO HEYWARD WHITE ALLAN MOTE M..D. GOWLAND ZIP GONZALES 0..W. JONES JOHN SORENSON MRS. J. A. KAUFMAN BINFORD ARNEY MRS. BEN F. BATES OW EN D. COX TABLE OF CONTENTS ARTICLE PAGE SECTION 1. --INCORPORATION . . . . . . . . . . . . . . 1 SECTION 2. --ANNEXATION .. 0' e e... o e e o 0 0. 1 (A) --RECOMMENDATION OF ZONING AND PLAN%t*G . . . 1 (B) --UPON PETITION OF 500 QUALIFIED RESIDENT VOTERS 1 (C) --UPON PETITION OF 10% OF QUALIFIED VOTERS OF TERRITORY PROPOSED TO BE ANNEXED . o . . . a 2 SECTION 3• --FORM OF GOVERNMENT AND COUNCIL . 0 0 0 . . 0 2 ARTI CLE SECTION 1. --MEM ERSHIP AND TERM o 0 •a o e o 0 o e e e o 0 2 ,SECTION 2. —QUALIFICATION AND FILING OF CANDIDATES . o e e 2 -SECTION 3. --ELECTION AND TERM ... . . . . . SECTION 4. --THE MAYOR PRO TEM e o 0 0 . o o f o o e o e o 0 3 SECTION 5. --DISABILITY OF MAYOR e o 0 0 0.. e o e.• 3 1 SECTION 6. --VETO POWER a e o e o o e o e ./o e. o e e m o 3 SECTION 7. --GENERAL POWERS . e4 o o0 0 o e 0 o e o 4 SECTION 8e --COMPENSATION o o e I�o 0 0. e e o e o a pt e e 0 4 SECTION 9. —,JUDGE OF ELECTIONS, . . . . o e e 1 . . .'s . . 0 4 SECTION 10. —RESTRICTIONS UPON MEMBERS OF COUNCIL o 0 0 . 0 4 " (A)+ --PURCHASE, SALE OR CONTRACT VOID IF CITY OFFICER ! OR EMPLOYEE HAS INTEREST IN e . 0 o . e . 4 (B) --OFFICER OR EMPLOYEE SHALL FORFEIT RIGHT TO II � OFFICE IN VIOLATION TO THIS SECTION p e e o� 0 4 SECTION 11.— RULES OF THE COUNCIL. e m e o . e SECTION 12.— REMOVAL a e'o e o e e o o e e o e o o• e o 0 0 5 JAI — .SUSPENSION OF MAYORe e o e o 0 0 o e o 0 0 0 0 5 SECTION 13.— VACANCY IN OFFICE OF MAYOR . . . . . . . .r. . 6 SECTION 14.— ABSENCE OF COMMISSIONER FROM COUNCIL MEETI G o 6 SECTION 15.— VACANCIES IN OFFICE OF COMMISSIONER . . e . o . 6 SECTION 16e— MEETING OF THE COUNCIL o o 0 00 0 o e o 4 e e 7 (A)— ACTION BY ORDINANCE . . . . . Fjo 0 0 e 0 0 o • . 7 W— AYES AND NAYS TAKEN AND ENTERED UPON JOURNAL . o 7 (0— THREE READING OF ORDINANCES . o o . . o 0 0 . . 7 (D)— PUBLICATION OF ORDINANCES . o e 7 SECTION 17.- CONTRACTS BEFORE ELECTIONS e o. o.. 0 e e e e 7 $ECTION 18e- INTERFERENCE o e o e o. o o e o o. 0 e o e. m 7 SECTION 19.— INVESTIGATION AND RESPONSIBILITY e e o . e . . 0 8 (A)— DUTIES NOT DELEGATED TO CITY MANAGER ARE DUTIES OF CITY COUNCIL . . . . . . . o . . . 0 . 0 . . . 8 RECALL SECTION 20.- POWER OF RECALL e . o . . . e e . . . e e e e o 8 SECTION 21.— FILING, EXAMINATION AND CERTIFICATION OF PETITION 8 SECTION 22e— RECALL ELECTION e o. e o 0 o e o.. 0 e... 9 SECTION 23.— RECALL BALLOT . e o e e. e e o. e o e e e o 0 9 (A) PAGE 1 SEC71bN 249- RESULTS OF RECALL ELECTION o e e o e o e. 10 SECT ON 25.— LIMITATION ON RECALL 0 e o e e e 0. 0. e 0 10 SECTION 26e- CITY SECRETARY 0 0 0 o e a 0 0 0 0. e e e 0 10 SECTIO -N 27e- CORPORATION COURT e o e e o 0 o e o o e o o. 10 (A,),'APPOINTMENT OF CLERK o 0 0 o e o e o 0 0 0 0 10 (B) VACANCY IN OFFICE OF JUDGE OR CLERK e e e o e 10 SECTION 28.— CITY CONTROLLER . o 0 0 o e o e o 0 0 0 e o 0 0 11 SECTION 29e- INDEPENDENT AUDIT . a e e a o. e 0 0 e e 0 e 11 SECTION d 30e— AUDIT . e e e o' o 0 o e•. e. e e 0 o e 0. e 11 ARTICLE III SECTION 1e— THE CITY MANAGER e o 0 0 o e e e e e o a o e e o 12 SECTION 2.— POWERS AND DUTIES e . o . . . . . o o e o . 0 0 12 ' (A) CONTROL OVER ALL DEPARTMENTS e o o 0 e 0 0 o e 12 4 (B) KEEPING OF TERMS OF UTILITY FRANCHISES o . . . 12 (C) ATTEND ALL MEETINGS OF COUNCIL a o' o . o o . . . 12 (D) RECOMMENDATIONS TO COUNCIL 0 a a o a o. o e e e 12 1 (E) KEEP COUNCIL ADVISED OF FINANCIAL CONDITIONo e e 13 (F) BUDGET OFFICER o o e o. e. o o. e. e. o e e 13 (G) EX OFFICIO MEMBER OF ALL BOARDS . 0 . . o . o 0 13 (H) EXECUTION OF DEEDS PASSED BY THE COUNCIL 0 . 0 0 13 a (1) PURCHASE OF CITY EQUIPMENT e e a. e o e 4. e 13 (J) RESPONSIBILITY TO COUNCIL . o o e. o o e o 0 0. 13 SECTION 3.— EMPLOYMENT OF PERSONNEL 0 e e o a e e e o e o. 13 SECTION 4a— REMOVAL OF DEPARTMENT AND DIVISION HEADS o o . e i4 ARTICLE IV ADMINISTRATIVE DEPARTMENTS SECTION l.— ADMINISTRATIVE DEPARTMENTS e 0.. e e. e 0 o e 14 SECTION 20— DIRECTORS OF DEPARTMENTS. • o o•• 0 o e e e o (A) APPOINTMENT . e e e o e o e e o e e o. e o e o e J15 15 ( B ) VACANCY o e e e o . e o e . o . . . . . . o o . . 15 (C) DEPARTMENTAL REGULATION o 0 0 0 0 0 0 0 0 0 o. 0 15 (D) AUTHORITY TO MANAGE DEPARTMENT . o eo. 0 0 0 . 0 15 SECTION 3.— RESPONSIBILITY OF DEPARTMENT HEADS TO CITY MANAGER 15 p SECTION 4•— RIGHT OF CITY MANAGER TO ASSIGN DUTIES TO DIRECTORS OF DEPARTMENTS e 0 a e o 0 o e e o e 0 . .. e 0 0 o 0 15 SECTION 5e— BOND OF EMPLOYEES. .. e o o e 0 e e e. e o e e o 15 FINANCE DEPARTMENT SECTION 6e® DIRECTOR OF FINANCE DEPARTMENT e e. o. o e o e e 16 SECTION 7.— ACCOUNTS . 0 e o . 0 . o e . e o e e e o • o 0 0 . 16 SECTION B.— CITY TREASURER AND CITY DEPOSITORY . 0 e 0 . . e e 16 (A) ADVERTISEMENT OF BIDS . e e. o. o e o 0 0. o a 16 (B) BOND OF CITY DEPOSITORY . . . . . . . . . . o . . 16 k (C) SECURITIES KEPT BY DEPOSITORY o o. e o o e a o e 17 SECTION ,I, .9 e— PURCHASES AND SUPPLIES o o 0 0 0. e o 0 0 o e o o aai PAG E SECTION lo.- TAX ASSESSOR AND COLLECTOR o e a o o e o e e o 18 (A) REQUIRED TO MAKE BOND . . . . . e e 0 e e o e e 18 BUDGET AND FISCAL OPERATIONS SECTION 11. FISCAL YEAR e e••.. 0 0o e e s o e e o 0 o e o 0 18 (A) FISCAL YEAR AUGUST 1 TO JULY 31 0 0 . e . o . . . 18 ( B) City MANAGER TO SUBMIT e o o e o.. e e . e e e . 18 (C) BUDGET SUBMITTED - REQUIREMENTS . . . o o . e e . . .18 1.AN ITEMIZED ESTIMATE OF EXPENSE OF DEPARTMENTS a 18 2.COMPARISON OF SUCH ESTIMATES WITH LAST TWO YEARS . 18 3.REASONS FOR PROPOSED INCREASES OR DECREASES -o e o 19 4.SEPARATE SCHEDULE FOR EACH DEPARTMENT . o 0 0 0 0 19 5.ITEMS OF PAYROLL INCREASES o . 0 0 . o 0 0 . e . . 19 6.STATEMENT OF TOTAL PROBABLE INCOME e o 0 0 . o . 0 19 7.ANTICIPATED REVENUE OTHER THAN TAXES . 0 0 0 0 0 . 19 8.INTEREST REQUIRED ON CITY°S DEBTS - SINKING FUND . 19 9.OUTSTANDING DEBTS - SCHEDULE OF MATURITIES ON BONDS19 10.OTHER INFORMATION AS MIGHT BE REQUIRED BY COUNC.-OL..19 SECTION 12. -BUDGET ESTIMATE . . . . . . . . . . . . . . . . . .. 19 SECTION 13. -DEPARTMENT HEAD REPORTS,,NOTICE AND HEARING AND ADOPTION OF BUDGET BY COUNCIL: . e . . . . . 0 . 0 . o . 19 •('A) DEPARTMENT HEAD TO FURNISH REPORT. 0 0 0 . o 0 . 0 0 19 (8) COUNCIL TO COMPLY WITH STATE LAWS AS TO NOTICE AND HEAR I NG • o . e o. e o o . o e . o 0 0 . o 0 0. 0 20 (C) ADOPTION BY COUNCIL. . . . . . . . e . . . . . . . 20 SECTION 14. -APPROPRIATION ORDINANCE o o. 0 0 0 o 0 o 0 0 0. 0 20 SECTION 15. -APPROPRIATION OF SUMS FOR EACH DEPARTMENT . o . . 0 20 SECTION 16. -INNER -DEPARTMENTAL TRANSFER OF FUNDS 0 0 o. o 0 o 20 SECTION 17. -REVENUE. IN EXCESS OF TOTAL ESTIMATED -INCOME. 0 0 . 21 SECTION 18. -MONEY DRAWN FROM CITY TREASURY o . . o o . e . e . 21 SECTION 19. -ACCOUNTS MAINTAINED FOR ITEMS OF APPROPRIATIONS MADE o e...... o o 0 0 o 0 o o.. o o o. 0 21 SECTION 20. -CLAIMS. . . . . . .0e . 0 0 0 0 0 0 0 0 0 0 0 . 21 SECTION 21. -CERTIFICATION OF FUNDS o. 0 0 0 e•. 0 0 0 0.. 21 SECTION 22o -FUNDS IN TREASURY o o .o 0 0 0 0 0 0 0 0. 0.. 0 0. 22 SECTION 23. -OBLIGATION CONTRARY TO PRECEDING SECTIONS VOID o 0 22 SECTION 24. -VOUCHERS 0 . . . . o 0 0 0 . o 0 0 . . 0 0 0 . 0 0 22 LEGAL DEPARTMENT SECTION 25. -LEGAL DEPARTMENT . . . . . . . . . . . . . . . . e . 22 (A) LEGEND OVER SIGNATURE AFFIXED BY CITY ATTORNEY - "APPROVEDW OR"WRITTEN OBJECTIONS FILED". o 0 0 o 23 (B) APPOINTMENT OF ASSISTANT CITY ATTORNEYS. . . . . . 23 SECTION 26. -ENFORCEMENT OF PENAL ORDINANCES. 0.. 0 0 0 0 0 0 23 SECTION 27. -COLLECTION OF DELINQUENT TAXES . . o . o o e o e 24 (C) DEPARTMENT OF PUBLIC WORKS SECTION DEPARTMENT OF PUBLIC SAFETY PUBLIC WORKS . . . . . . . . . . . . 28 SECTION PAGE SECTION 28.—TWO DIVISIONS; THE POLICE DIVISION AND THE SECTION DIVISION .. FIRE DIVISION e a oy• e o o e o 0 0 0 e e e o e 24 SECTION 29.—HEAD OF POLICE DIVISION . . e 0 . 0 . 0 0 e 0 0 24 SECTION 30.—LIST OF ELIGIBLES . o o e e.. 0 e .. . e e e 24 SECTION 31.—SPECIA4 POLICE e e..... e o 0 0 e 0 0 0 0 0 25 SECTION 32.—POWER-AND-AUTHORITY . e R 0 0 0 e o a e a o a a 25 50e—POWER TO ARREST. (A) POWERS SUBJECT TO DIRF,;TION OF CITY MANAGER . . . 25 SECTION 33.—UNIFORMS AND BADGES e. e e e e e e e e e e e o e 25 SECT ION 34.—RIGHT TO SUSPEND e . o e e e o e e o e e e o e e e 25 SECTION 35.—FIRE CHIEF. ... . . . . . . . . . . . . . . . e . . 25 SECTION 360—FIREMEN MINIMUM WAGES. e e e . e . e . e . . e e . 26 SECTION (A) PROVISIONS . e. e. e. e o o. o e a o. e 0. 0 26 SECTION (B) LIMITATION UPON COUNCIL TO MAKE COMPENSATIOR . . . 26 31 (C) PROVISIONS OF CHARTER OR ORDINANCES IN CONFLICT 560—POWER TO ENFORCE PUBLIC HEALTH ORDINANCES. o . . . REPEALED. e e e 0 e . 0 0 0 0 o e o e . 0 0 . . 0 27 SECTION 37.-RIGHT TO SUSPEND o. e o a 0 0 o e 0 0 o a o 0 e e 27 SECTION 38e—NUMBER OF PERSONS TO BE EMPLOYED. o o e . o . 0 0 o 27 SECTION 39.-DESTROYING OF BUILDINGS ON FIRE o . e . e o o . o e 27 SECTION 40.—FIRE CHIEF AND ASSISTANTS AUTHORIZED TO EXERCISE POWERS OF POLICE OFFICERS. 0 0 0 0 o p e o- o. 0 0 27 (A) PRESCRIOtNG OF UNIFORMS AND BADGES o . . e . o o e 28 DEPARTMENT OF PUBLIC WORKS SECTION 410—DIRECTOR OF PUBLIC WORKS . . . . . . . . . . . . 28 SECTION 42.—THE HEAD OF THE ENGINEERING AND CONSTRUCTION 29 SECTION DIVISION .. 0 0. e. e o o a. e o... a. a 28 SECTION 43e—AUTOMOBILE MECHANICS AND MACHINISTS. o o . e . . 29 SECTION 44.—FURNISHING OF SERVICE TO OTHER DEPARTMENTS e . . 29 DEPARTMENT OF PUBLIC HEALTH SECTION 45.—TWO DIVISIONS, THE HEALTH DIVISION AND THE WELFARE (D) I i I DIVISION e o e e o. 0 0 0 0 0 0 0 0 0 0 0. 0 0 0 0 29 SECNON 46.—DIRECTOR OF PUBLIC HEALTH e o . . . . . o . . o 0 0 29 SECTION 47.—DUTIES AND QUALIFICATIONS OF DIRECTOR OF PUBLIC HEALTH .. o 0 0 e o 0 0 0 0 0 0 0 s 0 0 0 0. 0 0 29 SECTION 48.—POWER TO CONTROL DISEASE AND DISTRESS. . e . o . e 30 SECTION 49.—POWERS TO REMOVE HEALTH NUISANCES o e . . . . . e . 30 SECTION 50e—POWER TO ARREST. s o 0. 0 0 0 0 0 0 0.. 0 0 0. 30 SECTION 51.—MONTHLY REPORTS* e e o 0 0 0 0 . o 0 0 0 . e 0 . 30 SECTION 52.—BOND REQUIREMENT OF DIRECTOR o e. e. e e o o. 0 30 SECTION 53.—APPROPRIATION OF FUNDS ... 0 0 0 0 0 0 0. 0 0 0 31 SECTION 54. -QUALIFICATIONS OF WELFARE DIVISION HEAD . . o . . . 31 SECTION 550—BOND REQUIREMENT OF WELFARE DIVISION HEAD. . . . . 31 SECTION 560—POWER TO ENFORCE PUBLIC HEALTH ORDINANCES. o . . . 31 (D) I i I PAGE DEPARTMENT OF PUBLIC UTILITIES SECTION 57.- SUPERVISION OF PUBLIC UTILITIES e . e s . o o a 31 SECTION 58.— APPOINTMENT AND QUALIFICATIONS OF SUPERINTENDENT . 31 SECTION 59.— DUTIES OF DIRECTOR . 0 0. o. e o e o e .' o a. 0 32 SECTION 60.— POWER OF DIRECTOR TO ENFORCE RULES . . . e . o . e 32 SECTION 61.- POWER TO ACQUIRE AIRPORT PROPERTY e . . o o 0 o e e 32 SECTION 62.— FINANCIAL STATEMENT OF GRANTEE . 0 . o e o . o e 32 SECTION 63.— POWER TO CONTROL PUBLIC TRANSPORTATION COMPANIES a 33 ARTICLE V COMMISSIONS AND BOARDS ZONING AND PLANNING COMMISSION: SECTION 1.— ORGANIZATION . o e . 0 0 0 . . 0 a . . 0 0 0 . . . 34 SECTION 2.— POWERS AND DUTIES a a 0 0 0 0. 0. 0 0 0. 34 � .SECTION (1) MASTER PLAN .. e. o. o. e. e o 0 0 0 a o o. 34 .VECTION (2) RECOMMEND ZONING QHANGES e o.. o e e 0 e 0 0.. 34 SECTION (3) EXERCISE CONTROL OVER PLATTING . o e e e . . . o . 34 (4) SUBMIT LIST OF RECOMMENDED CAPITAL IMPROVEMENTS 0 . 34 (5) REQUIRE REPORTS FROM DEPARTMENTS . . e e . . . o 0 34 SECTION 12— COMMISSION TO ACT AS ADVISORY BOARD . . e . . . . 34 SECTION 3.— DIRECTOR OF ZONING AND PLANNING o . o . . . . . . 0 34 SECTION 4.— THE MASTER PLAN. e . e e e o 0 0 o e . a o . . . . 35 SECTION 5.— LEGAL EFFECT ON MASTER PLAN o . . . . . e 0 0 . e . 35 SECTION 6.— PLATTING PROPERTY e o . o o . o . o . . . . o . e 35 (A) APPROVAL OF PLATTING MAPS. 0 e 0 0 e . . e . . . 0 36 PARK AND RECREATION SECTION 7.— QUALIFICATIONS AND TERM OF OFFICE o e o 0 0 . . . . 36 SECTION 8.- DUTIES . . . . . . . e o . . 0 0 . o o a o 0 o 0 0 36 � .SECTION 9.— PARK SUPERINTENDENTS . o e. o 0 0 o e 0 o e o e e e 3 .VECTION 10— ACQUISITION OF PARK PROPERTY a e e... a a a o o e 37 y SECTION 11— PARK BOARD BUDGET — REPEALING CLAUSE e o . . o 0 0 0 37 (A) CHARTER AS OF .TUNE 1ST 1945 IN CONFLICT WITH THIS ARTICLE REPEALED e. e. e e o. e.. o a. e.. 0 37 SECTION 12— LIBRARY BOARD .. o 0 0. o o.. 0 0 e. e o. 0 0 37 f ADVISORY BOARDS SECTION 13— ADVISORY BOARDS . o . . o . 0 e 0 . . 0 0 . 0 0 . 0 37 SECTION 14— ROUSING COMMITTEE, ETCo e . . 0 . . e . . . . . 0 a 37 ARTICLE VI PERSONNEL AND CIVIL SERVICE SECTION 1.— CIVIL SERVICE BOARD . . 0 . a . . e . e . . . . e . 38 SECTION 2.— OFFICERS AND COMPENSATION . 0 o e . o . e e . o o . 38 (E) PAGE SECTION 3e— CLASSIFIED SERVICE-.". . • • e 0 . • 0 . . e e o 38 SECTION 4o — RULES AND REGULATIONS . o . o o e o a o e e e 39 SECTION 5• .— PROBAT ION P ER IOD e o a .0 a . o e . a a 0 a a . e 39 SECTION 6• — REMOVAL OE EMPLOYEES • o e 0 e o a e a o. e e 39 SECTION 7. ooi PAY ROLLS, CLASSIFIED SERVICE . . e . 0 o e . 0 39 SECTION So — APPROPRIATION . e e e o.. a.. o e e.. e a a 39 SECTION 9. — DISCRIMINATION PROHIBITED o e e 0 0 e e. 0 0 0 0 40 SECTION 10.— PARTICIPATION IN POLITICAL CAMPAIGN . . . . ... . 40 SECTION.11o—.OFFICERS (F) AND EMPLOYEES, CANDIDACIES o 0 a e o o. 40 SECTION 12.— INSURANCE o • 0 0 0 0 o e o a a o o e e o a e o 0 40 SECTION 13.— REMOVAL e• o e e e o e 0 0. e e e o .• o. a a 40 ARTICLE VII TAXATION AND BONDS SECTION 1.— TAXATION . 0 ... . 0 0 0 0 0 0 . 0 0 e . 0 0 0 0 41 (A) (1%) ONE PER CENTUM FOR CURRENT EXPENSES . . . a 41 (B) ONE FOURTH OF ONE PER CENTUM FOR STREET' IMPR0vBe— MENTS • . • . . . . o e . . 0 0 0 0 . 0 0 0 . . 0 41 (C) ADDITIONAL TAX OF ONE—QUARTER PER CENTUM OF ASSESS— ED VALUE ON REAL AND PERSONAL PROPERTY . o . . e . 41 (D) LAST PASSED TAX ORDINANCE SHALL BE IN EFFECT o . • 41 (E) CITY COUNCIL TO PRESCRIBE DATE WHEN TAXES ARE DUE . 41 (F) COUNCIL TO LEVY, COLLECT 6 COLLECT FROM PERSONS UNDER 60 YEARS AND OVER 21 YEARS. • 0 0 0 0 0 .o 0 0 41 (G) LEVYING OF TAXES UPON TRADES AND PROFESSIONS . . . 41 (H) ENUMERATION OF PROPERTY IN ART, 1036 AND 1037, R.S. of TEX. 1925. . . . . • e a • a . . . . . 42 SECTION 2.— LIEN FOR TAXES . . . . o 0 0 0 0 0 . e .- 0 0 0 0 . 42 SECTION 3•— RENDITION • o e . . o o . . . 0 . . 0 0 0 0.-0 e e 0 42 (A) FAILURE TO OBTAIN STATEMENT OF REAL 6 PERSONAL PROPERTY o • . o e e o 0 o o a o 0 0 . 0 0 0 . e 0 42 (B) PROVISION FOR IMPROPERLY ASSESSED PROPERTY . 0 0 0 42 SECT016M 4.- -BOARD OF EQUALIZATION „_ e o . o . o 0 0 0 a 0 . 0 42 (A) TIME OF MEETING e o o . . o . . o . . . . o . . . 43 (8) BOARD TO APPROVE ARID RETURN REPORTS AS PROVIDED BY LAW BY SEPTEMBER 1ST OF EACH YEAR o . o o . . . 43 SECTION 5.— ,ROLLS PRIMA FACIE EVIDENCE . . e e 43 SECTION 6.- p o . • • 0 COLLECTION OF TAXES . . . . . o e o o • . . o . . 43 SECTION 7.— VALID DESCRIPTION . a o o e o o e o 0 0 0 e.. 0 43 SECTIOIf''8.— DELINQUENT TAX SUITS . e 0 e . . 0 . . • • • 0 44 (A) SUITS PROSECUTED IN MANNER PROVIDED BY LAWS APPLI— CABLE TO MUNICIPAL CORPORA9:IONS o o . . . . . . . . 44 SECTION 9.— EXTENSIONS AND REMISS,KONS o.. . • 0 e . 0 0 0 0 . e 44 SECTION 10.— AUTHORITY TO ISSUE BONDS . o . e 0 a o . . 0 . 0 . 44 (A) BONDS ISSUED FOR PERMANENT IMPROVEMENTS AND TO REFUND OUTSTANDING VALID BONDS o . . o . . . . . o 44 (B) No BONDS ISSUED DRAWING MORE THAN FIVE PER CENTUM INTEREST PER ANNUM . . . . . o . o . . . o . . . 0 45 (F, PAGE SECTION 11.- BOND AND WARRANT LAWS APPLICABLE . . . e . . 45 (A) SINKING FUND MAY BE INVESTED IN BONDS . . . . . 45 ' ARTICLE VIII PUBLIC UTILITIES, FRANCHISES AND LEASES SECTION 1. — INALIENABILITY OF PUBLIC PROPERTY . a . . o . a 46 SECTION 2• — POWER TO GRANT FRANCHISE OR LEASE a • e o . e . 46 SECTION 3.'— ORDINANCE GRANTING FRANCHISE o. e e e e. o 0 0 47 SECTION 4. — TRANSFER OF FRANCHISE OR LEASE e e e a • e e 47 SECTION 5, — REGULATION OF FRANCHISE e e. .• e e e e o e 47 (A) FAILURE OF HOLDER TO COMPLY WITH TERMS e . e . . 47 ( 8 ) ADOPTION OF REASONABLE REGULATIONS • . a o o e 0 47 (C) REQUIRE ADEQUATE EXTENSION & EXPANSION OF PLANTS AND FACILITIES. . e e . . . . e . . . . o . o . . 48 (D) FRANCHISE HOLDER TO PROVIDE CITY WITH FULL IWFORMA— t TION REGARDING LOCATION AMP CHARACTER. . . . . . . 48 (E) REQUIRE FRANCHISE HOLDER TO ALLOW OTHER PUBLIC UTILITIES TO USE TRACKS, ETC . . . . . o . . . . e 48 (IF) PRESCRIBE FORM OF ACCOUNTS KEPT BY FRANCHISE HOLDER 48 (G) EXAMINATION AND AUDIT OF RECORDS e . . o . . a . . 48 (H) REQUIRE ANNUAL REPORTS ON LOCAL OPERATIONS . . e o 48 (1) COLLECTION OF RENTAL NOT PROHIBITED BY LAW o . . 0 48 (J) REIMBURSEMENT TO CITY FOR RATE CONSULTANTS e o e e 48 (K) RIGHT TO PURCHASE PROPERTY OF FRANCHISE HOLDER . 0 49 (1) NOTICE FROM CITY OF DESIRE TO PURCHASE PRO— PERTY OF FRANCHISE HOLDER a oe. o 0 0 0.. 49 (2) SUBMISSION OF INVENTORY TO CITY WITHIN 60 DAYS OF NOTICE TO PURCHASE . a o . o . . o 0 49 (3) SIXTY DAY PERIOD AFTER SUBMISSION OF INVENTORY TO AGREE UPON THE AFORESAID FAIR VALUE . . .. 49 (4) SIXTY DAYS FOR DETERIIONATION OF WHETHER OR NOT TO SUBMIT TO VOTERS OF CITY e . e . . . e o e 50 (5) IF ISSUANCE OF BONDS ARE AUTHORIZED — COTY SHALL HAVE 90 DAYS IN WHICH TO SELL BONDS . . 50 (6) EXTENSION OF TIME FOR EITHER PARTY . . . . o 50 SECTION 6. — REGULATIONS OF LEASE . . b . . . o . . . . . . . . (1) TERMINATION OF LEASE e. e a o o.... o e 0 e. �$O 0 (2) REASONABLE REGULATIONS TO ENSURE PROPER CARE . . . 51 (3) PRESCRIBE FORM OF ACCOUNTS e . o o . a . . e • . . 51 (4) EXAMINATION AND AUDIT . . . o . . . . . e . . . . 51 (5) REQUIRE ANNUAL REPORTS o o . e e . e o . . . e . . 51 SECTION 7e — REGULATION OF RATES . . o . . . . o e e . e ... e . 51 SECTION B. — EFFECT ON FRANCHISES EXISTING PRIOR TO MAY 21,1955 51 SEC4iON 90 — FORFEITURE OF OFFICE . 0 0 a . . 0 0 *0. . • . . 51 SECTION 10 — LEASES OF LAND OR INTERESTS IN LAND FOR OIL, GAS - _ OR MINERALS. . e e . . . . . . o 0 o o . . . 0 0 . 52 (G) PAGE ARTICLE IX GENERAL PROVISIONS AND POWERS SECT ION (1) FIXED ROYALTY, FIXED RENTALS AND PRODUCT— CORPORATE POWERS . . . . . . . . . . . . . . . . ION WITH AWARD . . . 0 . . . • . . . . . . 52 2. — (2) AMOUNT OF CASH BONUS . 0 . o 0 0 . . . . . 52 SECTION 11. — POWER OF EMINENT DOMAIN o 0 0 0 0 0 0.. o 0 0 53 POWERS OF ORDINANCE . . . . . . . (1) ADEQUATE COMPENSATION FOR ACQUISITION OF 58 SECTION PROPERTY . e o o . 0 0. 0 0 0. . . 0 0 0 0 53 0 . . . . . . 0 (2) VACANCY OF COMMISSIONER . e . o . . 0 0 53 50 — (3) CITY SECRETARY OR COMMISSION SHALL GIVE 0 0 .o 0 0 0 0 0 58 WRITTEN NOTICE OF INTENT TO ACQUIRE . . . 54 CONTROL OF PUBLIC PROPERTY . . 0 (4) CERTIFICATION BY CERTIFICATE CITY'S EXPEND— 58 ABLE FUNDS SUFFICIENT FOR ACQUIRING PROPER— COUNCIL'S POWER TO PROVIDE FOR PAVING AND TY . . . . a. . . . . . . . 54 (5) HEARINGS. .... e. 0 , 55 59 (6) PROCEEDINGS RECORDED IN MINUTES OF CITY 7 — AIRPORTS . . . . . . . . o . . . COUNCIL . eo 0 o a o 0 0. o . . 0 . . 0 55 SECTION (7) OBJECTIONS FILED WITHIN TEN DAYS BY DISSAT— REGULATION OF VEHICLES . . . . 0 0 0 0 0 . o 0 0 ISFIED PARTIES 0 0 0. o . o o. o. 0.. 55 9. — (8) COMPENSATION OF COMMISSIONERS o o . . 0 0 55 59 (9) ACQUISITION, IF PENDING LITIGATION, ACCORD— 10. — CHARITIES AND CORRECTIONS . . . ING TO PROVISIONS IN ART. 3268 R.C.S. OF 60 SECTION TEX.. . . . . 0 0 • . . . . . . 0 . . . 56 . . . . . 0 0 (10) AUDIT OF CUSTOMERS ACCOUNT UPON DATE OF DE— SECTION 12. POSIT o e.. o o e o 0 0 o 0 0 0.. 0 0 56 SECTION 12. — PUBLIC UTILITIES o . . . o . . . . . . . . . . . 56 SECTION 13. — FRANCHISE HOLDERS REQUIRED TO GIVE TRANSFERS o . 56 SECTION 14. — REGULATION OF UTILITY RATES . . 0 . e . 0 . . . 57 SECTION 15. — RIGHT TO REGULATE PUBLIC UTILITIES o . 0 0 0 . 0 57 SECTION 16. — WATER AND GAS CONNECTIONS o 0 0 0 0 o e o 0 0 0 57 ARTICLE IX GENERAL PROVISIONS AND POWERS SECT ION 1. — CORPORATE POWERS . . . . . . . . . . . . . . . . .58 SECTION 2. — ENUMERATION NOT EXCLUSIVE o . . . e . . . . o . . 58 SECTION 3. — POWERS OF ORDINANCE . . . . . . . . . . . . . . . 58 SECTION 4. — PROPERTY OF THE CITY e o 0 e -0 0 0 . . . . . . 0 58 —.SECTION 50 — ACQUISITION OF REAL PROPERTY . . 0 0 .o 0 0 0 0 0 58 SECTION 6. — CONTROL OF PUBLIC PROPERTY . . 0 0 0 0 o . o . . 58 COUNCIL'S POWER TO PROVIDE FOR PAVING AND REPAIRING OF PUBLIC STREETS . . . . . o 0 59 SECTION 7 — AIRPORTS . . . . . . . . o . . . . . . . o o o . 59 SECTION 8. — REGULATION OF VEHICLES . . . . 0 0 0 0 0 . o 0 0 59 SECTION 9. — HARBOR AND WATER FRONT . . .. . . . . o .0 . . 0 . 59 SECTION 10. — CHARITIES AND CORRECTIONS . . . . . . . . . . . 60 SECTION 11. — BURIAL GROUNDS AND CREMATORIES o . . . . . 0 0 6.0 SECTION 12. — UNWHOLESOME FOODS o o 0 . . 0 0 . . . 0 0 0 0 0 60 SECTION 13. — FINES .. 0 0 0 0 0 0 0. 0 0 0. 0 0.... 0 60 SECTION 14. — CONTRACTS s 0 0 0 . . . o o . o . . . . . . . . 61 (A).CI..TY SHALL NOT CONTRACT FOR CURRENT SUPPLIES FOR MORE THAN ONE YEAR UNLESS PROVIDED FOR IN THIS CHARTER . 0 ... . . e 0 0 0 . e o . 61 (8) 'INVITATION AND PUBLICATION FOR BIDS o 0 0 0 61 (H) PAGE SECTION 15. "DELEGATED POWERS: A. BUY, CONSTRUCT, OWN, MAINTAIN & OPERATE A ACTION BY CITIZENS . o o . o e 0 o e . . . e 63 SYSTEM OF WATER WORKS, GAS ETC. o ee e o s o 62 B. To PURCHASE PUBLIC UTILITIES UPON A FOUR FIFTHS SECTION 20. — VOTE OF COUNCIL . . . 0 . e e o . • . 0 e . e 0 62 C. PASS ORDINANCES FOR CONDEMNATION OF PROPERTY FOR NOTICE OF REGULAR ELECTION . . . . . . . . . . . . 64 PURPOSE OF OPENING OR WIDENING OF STREETS . e e . 62 D. DEFINE NUISANCES BY ADEQUATE PENALTIES'. o e 0 62 E. DETERMINATION OF MANNER OF BATHING WATERS o s •'e 62 F. To ACQUIRE PROPERTY FOR MUNICIPAL PURPOSES . . . e 62 SECTION 16. — AUDITORIUM AND LIBRARY . . . e e e e . . . . . 63 SECTION 17� `— CONTROL OF SIDEWALKS AND STREETS e e . e o . . . e 63 GENERAL PROVISIONS SECTION 18. — ACTION BY CITIZENS . o o . o e 0 o e . . . e 63 SECTION 19. — ELECTIONS o . e o 0 0 . e o 0 0 0 0 • . . . . . . 64 SECTION 20. — PUBLIC ACT . . . . 0 . . e s e e . . . . . . . o . 64 SECTION 21. — NOTICE OF REGULAR ELECTION . . . . . . . . . . . . 64 .VECTION 22e — EXISTING ORDINANCES 0 0 .' e. o e o 0 0.. o. 0 65 SECTION 23. — PRINTED ORDINANCES AS EVIDENCE o • e e o e . . e . 65 SECTION 24• — CITY NOT REQUIRED To GIVE BOND . o o . . . . . e e 65 SECTION 25. — PUBLIC PROPERTY EXEMPT FROM EXECUTION SALE . . . 0 65 SECTION 26. — CITY INHABITANTS, FREEHOLDERS OR.TAX PAYERS NOT DISQUALIFIED . . . . . . e . . e . e . . . e e . 0 65 SECTION 27. — NOTICE OF PERSONAL INJURIES REQUIRED . . . . e e e 65 SECTION 28. — PLEADING ORDINANCES . e o e o e e o 0 0 0. e e e 66 SECTION 29. — ASSESSMENTS FOR IMPROVEMENTS 0 e e 0 e . e o . . 0'66 CITY'S POWER TO ASSESS, CREATE IMPROVEMENT DI-S— TR ICTS o e . o . 0 0 . . 0 e o . . o . e . . . . 67 SECTION 300— WATER WORKS o. o o . . e e o . . o 0 0 . . • . 67 SECTION 31.— WATER EXTENSION NOTES e . . o e . o . . . . . e e 68 SECTION 32.— CONFLICTING LAWS REPEALED . 0 . 0 0 . 0 . . . 68 SECTION 33.— VALIDATING PROVISIONS . . o o . . . . . o . . . . 68 SECTION 34.— COUNCIL ACTION VALIDATED e o. 0 0 0 0 0. 0 0• 68 i SECTION 35.— RECORD OF CHARTER o s e e. 0 e. 0• e o 0 0 0 0 o69 SECTION 36.— EFFECT OF CHARTER ON EXISTING LAW o . . . e . o . 69 SECTION 37e— CONSTRUCTION OF CHARTER . o . . o e . . . . e e . 69 SECTION 38.— .JUDICIAL NOTICE 0 o e e . . o o . . e . . . . . . 69 SECTION 39.— SEPARABILITY CLAUSE . 0 0 . . . 0 0 0 . . 0 . . 69 SECTION 40.— REARRANGEMENT AND RENUMBERING . . . 0 0 e . . . e 69 SECTION 41.— CONSOLIDATION OF FUNCTIONS AND PROCEDURES . . . . 70 SECTION 42.— EFFECTUATION OF CONSOLIDATION BY ORDINANCE . . . 70 SECTION 43.— USE OF PERSONNEL . . . . . . . . o . .. . .. o . e 70 I (1) AN ACT TO GRANT A CHARTER FOR THE CITY OF CORPUS CHRISTI) IN NUECES COUNTY: TEXAS) VALIDATING THE ACTS OF THE SAID CITY AS IT HERETOFORE EXISTED: REPEALING ALL LAWS AND PARTS OF LAWS IN CONFLICT HEREWITH$ AND DECLARING AN EMERGENCY. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: ARTICLE I SECTION 1. INCORPORATION.' THE INHABITANTS OF THE CITY OF CORPUS CHRISTI: TEXAS., WITHIN ITS CORPORATE LIMITS AS ESTABLISHED BY CHAPTER 33) Pm,"s 304-351r SPECIAL LAWS OF TEXAS., 1909 31ST LEGISLATURE) REGULAR SESSION) AND AS ESTABLISHCD OR EXTENDED BY THE CHARTER OF THE CITY OF CORPUS CHRISTI) iEXAS9 AS HERETOFORE OR HEREAFTER AMENDED., AND AS ESTABLISHED OR EXTENDED BY ORDINANCES OF THE CITY OF CORPUS CHRISTI: TEXAS) HERETOFORE OR HEREAFTER ENACTEDp BE AND ARE HEREBY CONSTITUTED A BODY POLITIC AND CORPORATE) IN PERPETUITY) UNDER THE NAME CITY OF CORPUS CHRiSTI"p HEREINAFTER REFERRED TO AS THE "CITY"p WITH SUC4 POWERS) PRIVILEGES) RIGHTS) DUTIES AND IMMUNITIES AS ARE HCREIN PROVICED. (AMENDMENT ADOPTED MAY 25) 1955) - SECTION 2. ANNEXATION.* THE CITY OF CORPUS CHRISTI IS EMPOWERED TO ANNZX ADDITIONAL TERRITORY ADJOINING OR LYING ADJACENT TO THE CITY IN THE MANNER SET FORTH IN EITHER OF THE FOLLOWING SUB -SECTIONS (A)) (B)) OR (C). (A) THE QUESTION OF ANNEXATION OF A GIVEN TERRITORY MAY BE SUBMITTED TO THC QUALIFIED VOTERS OF THE CITY AT AN ELECTION DULY CALLED FOR SUCH PUR— POSE; AND IF A MAJORITY OF SUCH QUALIFIED VOTER: VOTING AT SUCH ELECTION FAVOR THW AINEXATION OF SUCH TERRITORY) THE SAME SHALL BE ANNEXED BY ORDINANCE OF T"XL CITY COUNCIL; AND WHEN ANY ADDITIONAL TERRITORY HAS BEEN $O ANNEXED) THE SAME SHALL BE A PART OF THE CITY OF CORPUS CHRISTI AND THE PROPERTY THEREIN 04ALL BEAR ITS PRO RATA PART OF THE TAXES LEVIED BY THE CITY) AND THE INHABIT— Ao�TS THEREOF SHALL BE ENTITLED TO THE RIGHTS AND PRIVILEGES OF ALL THE CITIZENS) AND SHALL BE BOUND BY THE ACTS: ORDINANCES: RESOLUTIONS AND REGULATIONS OF THE CITY. SUCH QUESTION OF ANNEXATION OF ANY GIVEN TERRITORY MAY BE SUBMITTED TO THE QJALIFIED VOTERS OF THE CITY AT ANY TIME UPON THE MAJORITY VOTE OF THE MEMBERS OF THE COUNCIL. THE QUESTION OF ANNEXATION OF ANY GIVEN TERRITORY MAY COME BEFORE THE COUNCIL FOR CONSIDERATION UPON EITHER (1) THE WILL OF THE COUNCIL) OR (2) THE WRITTEN RECOMMENDATION OF THE ZONING AND PLANNING COMMISSION OF THE CITY:'OR (3) PETITION SIGNED BY NOT LESS THAN 115OO QUALI- FIED VOTERS OF THE CITY) OR (4) PETITION SIGNED BY NOT LESS THAN 10% OF THE QUALIFIED VOTERS RESIDING IN THE TCRRITORY PROPOSED TO BE ANNEXED. (B) THE CITY COUNCIL SHALL HAVE THE POWER BY ORDINANCE TO CONTRACT WITH ALL PROPERTY OWNERS AND CONTIGUOUS TERRITORY PROPOSED FOR ANNEXATION) WITH INSTRUMENTS IN WRITING DULY EXECUTED AND ACKNOWLEDGED BY ALL PERSONS) CORPORATIONS AND ENTITIES OWNING REAL PROPERTY WITHIN SUCH PROPERTY., PROVIDING —1— *REFERENCES UNDER ANNEXATION ARTICLE 1175: SEC. 2: REVISED CIVIL STATUTES OF TEXAS SUCH ANN9XAT O ONq 0" THE OPO N O ON or THE CO T5T` VOUmC 0 LD IS PDEENE® TO BE ON TH& P88EOW ONTE9IEST OF THE COTT* THAT UPON THE INTRODUCTION of AAT E80000 ORDONANCE ON TIE COTT COOUNC O LD IT SMALL EE PODBL 9 SOOEDD am TOOE ' Eok@e ON wwo C99 IT NAT ®9t Opo NALLV PASSE®D 0* A N04PAP[M PUBLISHED ON THE CITY ®P CORPUS CIONS STO AT, LEAST ®NE T9MEq AND SA00 ORDINANCE SMALL NOT TOOEOBE&d TZN BE PON&LLT ACTEO WPON UNTIL AT LCAST T990 RtT Q30) DAYS HAVE ELAPSE®"BeFTEA TOOE FOR*? PUBLICATION THERE. OF; AND UPON THE FINAL PASSA4E OF ANY SUCH ORDINANCE 800E SCUMO&OIT LONOTS OF THE COTT SMALL TMEREAFTIN ®E'EXTCNDBED OR O¢OXED AS PNO5Ve0090 0% SOCOB O%*ONANCE$ AND WNEN ANT ADDOTOONAL TIRROT®DRIP HAS BEEN SO ANNEXEOD TIOE SANE SMALL Of A PART or THE COTT or CORPUS CHROSTOQ TEXA$v AND TNE`PDROPEATT THBODEON SMALL MAN ITS PROS DRAT& PART OF THE TAXES LEVIED Bl7 TORE ' C 9 TTD AND T08E 0 NNAB 0 TAROT® THBgOB or - x SHALL BE ENTITLED TO THE RIGHTS AND PROV4OLEBES OF ALL T60E COTOSC%a ANO➢ S80ALL at; 609"D BT THE ACTSD ORDONANCESD 1RISOLUTOODNS AND REGULATIONS OF TOOIL COTT* (C) M% COTT CGUMC C L SMALL NAVE THE POW'9-4 1I T O� a NANCE TCS ANNEX i ADDITIONAL T(ERNOTCRT ABUTTING ANON LYING A®jACENT To THE COTT w000C00 cowaTOTO,BTES ON Of BDSE® FOR DROADSD NOGHWATSD STDREETSD ALLESTSD °SO®I$V6ALB 9 PQN9RS0 ON ANT OTHER GROUNDS WHICH ARE OWNED BY ANY POLITICAL 3UBDOV60S0OA Olt WHICH NAWS 9999 Dt180m GATED TO A PUBLIC OBOE AND NOT EXCEEDING A DISTANCE OF MO MT OR@N TME COTT Lowora AS ESTABLOS,OOED' BV 1NNEXATOOM BY SOME OTHERPOROI,V984064 OF 7000@ COOAQTCRo QAMCNOMENT AVOPTE® MAT Zx�tq 99558 _ SECTION 3, OrORM OF GOVERNMENT ANO COUNCIL*' Toot 9OOON969PAL SO?3VeEBNNENT FROYODED BY THOS CNA"ER SMALL BE KNOWN AS THE "CO UNCOL-9Ao0A18ll li®V90ZD MM%NT*o PMN@U&UT TO OTS PROVISIONS AND SUBJECT ONLY TO THE LONOTATOO M 00 F0*9® {Ogle THE STATE CONSTOTUTOON AND BY THIS CHARTERy ALL POWERS OF THE COTT SOOALL 59 VESTED ON &N ELECTOVE COUNCOLD HEREINAFTER REFERRED TO AS 'THE COUNCOL"o WNO@N @HALiL ENACT LOCAL LEG O SLAiT I ON., DE'TERM O DBE POL O C 0 ESD APPOB O NT TOOK COT? k"AOI r%D ANO WHOCH COUNCOL AND COTT MANAtCEOR $HALL EXECUTF-THE -LAVO AND ADMONOMOO IN% GOVERN - MINT or THE COTS", (AMENDMENT AOOPTEb MAY 2 1955) AR 0 CLE 19 SiEcTo om % MEMBE SHOP AND TERM, UNTIL TME' ru acr Tu tuns 090 AFRO LD 9 7o AND UNTO L THE MEMBERS OF THE COUNC O L TO BE ELECTED ON -?Mt Opo PST T1➢MAT am APBRD LD 99579 HAVE BEEN ELECTED AND QUAIL 0 Q� D (EBD THE (COUNC 0 L SHALL 09 COMPO�SEO Or A MAVOR AND FOUN COMMISSOONERi- AND 'SHE PRFSENTLT WALOPOCC AND ACTQNQ NiVON AND FOUR CO9OO&ROSSO�C�NEDRS`H800ALL CO9OMPROiE SUCIO COUNCIL*- ®E®ONNON& ON `NC FORST TUESDATt ON APP01.D 1957D AND TOOEREAIF'T'EP9 TD I€ COUNCOL SMALL It CONMED Or A 90AVOR AND *09 ELECTED FROM THE COTT AT LARGE f601 TQBE TERM POBO- w O DZD ON SEDT 0 ®N 3 1F TOO o S AmT0 CLT o QAMENDWCOT ADOPTED MAT SECTOSH1. QDALOFOCATOON AND MtW Or ONDOOATM,- ANVP COToacm OF THE UM 0 TED STATCS WHO 04 A QUAL 0 P O ED V7OTER` OF THE COTT AND A TAXPATta ON THE CO TTD AND WHO O�ES0 9 0 *0 BECOME A CANDO DA E FOR TDO[mEL��O�E' D�1i�01oL 00¢ NAVPO R OR FOR THE ELECT O VDE OFFICE OAP A CO MOO SS O ONER SMALL rO CC V0 x'00 Tit COTT'' SECORETA%T AT LEAST 30 DAT@ PNOO R TO THE ELECTOON DIT AN APPLOCAT0008 ON WROTON® FOR COOS NAME TO APPEAR ON TNN BALLOT AS, A CANDODATOt FOR SODCN aFOCE no SWCCO &PPLOCATOON *NALL CONTAIN A SWORN ITATEMENT BY TUC CANS)ODATE T00AT 00E 0® FULLY (DUAL 0Op0EDD,'U*0f.R THE LAWS OQ T914 -'AND W VN6S COOMTg80 To OBOLD THE WFOCE ME 18ISEORS, "D 540000 APPLOCATOON *NALL BE SO®OOES OT AT Lf"T 1POW9 EIV;OCO yp 3 CTVON 1p REvOSEF, C O V O L STAT'UTE3 OF TrxAF p AU THon O zEd C 0,'r TIG DETERMINE OTS OWN FORM OF DOVERNM::.NT o MUNDOBED QUALOFOED VOTERS OF THE CITYo A CANDIDATE FOR 409E ELECTIVE OFFOCE OF 08ASPOIB on FOR THE ELECTIVE o0'FoCE OF A COMUM9OSSOONER WHO OB A CITIZEN OF TMOE UNOTED STATES AND A QUALoFDED VOTER of THE COTT AND A TAXPAYER ON 408E COTT MAY ALSO BE NOMBONATED BY PETOTION SOGNED BY AT LEAST FOVE HUNDRED QUALI® FOE® VOTERS Or THE CITY AND FOLED VOTH THE COTT CLERK AT LEAST 30 ®ATB FODOR TO THE ELECTOON DAT9 PROVIDED THE CANDIDATE SIGNS THE PETITION CERTOFTONS NOS ACCEPTANCE AND"SUCH PETOTOON CONTAINS A SWORN STATEMENT BY 408E CANDO®ATE THAT HE Do FULLSP -4BALO F I ED UNDER THE LAWS OOP TEXAS AND THE PRoV,O S 0 oNs OF THOS CHARTER TO VOLD THE OFFOCE DOE SEEKS. (AMOENOMOENT'ADOPTEDMAY 2 195 v SECTION 3- ELECTION AND TERM. THE 'REGULAR EtECTo®N FOR T60E'S1EL[CTOON OF THE PATPON AND THE CONNOSSOONERS SMALL BE HELD ON THE FORST TuxacAV an AORIL IN 002 NUMBERED TEARS. THE MAYOR AND THE COM8M8O SS O ONERi SHALL EACH BE iLECTOED BY THE OUALOFOED VOTELWOF THE CITY AT LARGE AMD SMALL HOLD TMEIR RESPECTOVE OF®0CES FOR TWO TEARS AND UNTIL THEIR SUiCE330RS HAVE BEEN ELECTED AMD QUALI F O E09 UNLESS SOONE* REMOVED AS PROVO CED O N -T*0 S CHARTER- A MEN&CR ®F THE - COUNCDL CEASONG-TO ORE89DE DN TOOE COTT DURING THE TERN FOR wxsCH ,08E OS ELECTED $HALL ONMelEDOATELY FORFEIT NOS o(FFoCEo (AMIENOMBENT ADOPTED MAY 2* 1955) SECTION 40THE MATOR PR® TEM, AT THE FOMT REET0Deco 6F THE COTT COUNCOL AFTER THE INDUCTION OF THE NEWLY ELECTED 00f8R AND CC NMQ iS 0 ONES INTO OFFOCED THE COTT COUNCOL SHALL'NO980NATE AND CONFORMS ONE OF THE CO0AliSOO"Col' WHO SMALL BE KNOWN AND DES O GNATED AS MAYOR PRO TEwp WHO SMALL CONT U NUE To N&( V THE TOTLE AND OFFOCE UNTIL TOOL EXPIRATION OF NOS TERM AS CVWOSS0®MIEOR9 BVV HE SHALL RECEIVE NO EXTRA PAT BY REASON OF SEONG OR ACTONC MATO0R POGO Tzmo (AMENDMENT ADOPTED NOVEMBER 23s 1939) SiECTOON'5o -DISABILITY OF MATOR. 'OF FOR ANY REASON Tie M4AiOR 08 "UNT FROM THE COTT DOR UNABLE TO PERFORM THE DUTIES OF N O S ®FF 0 CED THE- __ - MAVOR Pw TEw SMALL ACT AS MAYOR AND DU99NQ SUCH A9SE*CE OR DOSANDLOTV $HALL 1019RO?ORN THE` OUTOES AND HAVE THE IDWERS OF THE MBATORQ (AMBENDMIENT ADOPTED NowcaQ5981 239 MA Sceiroam 60 VETO PWERo EVERY OR®VNANCED OESOLUTOON'GR MOTION FASSiD BY THE CAWNCOL SNALLD BEFORE OT TAKES EFFECTS BE PRESENTED TO TOO[ N06i FOR 8008- APPR®VAL amo SOGNATUREo OF HE' APPkOVIES OTs HE SMALL camp'BVT MM' Dee DDSAPPR®VIE.li OT DOE ONALL STATE H O S 09-JECTO ®SAS THERETO ON WAR O T 0 NG AND REI U&N OT TO Tom -NEXT RE&ULAR MEETING OF THE COUNCOL AFTE* PRESENiATOON wITN Nei-VET®o 'Or HE DOE_$ NOT RETURN OT WITH Tie SUCH D 0 SAPP*0VAL , NOR 860M 0 Te SUCH MWOT 0 ONd _ ®ORD 0 NAIWCE DOR OtItOLUTOON SHALL9 UPON THE'EXPORATOON OF THE TONE FOR ITS RETURN TO THE COUNCOLD ®E ON EFFECT AND FORCE AS OF WE HAD APPROVED OTo iN CASE OF °VETO OF ANSP' ORDO`NANCEs , RESOLUTO ON ®R NOTION BY THE WAiO08a THE COUNCOL NAT - PASS SAMl1E OVER H O S VETO BY THE AFF 0 iNAt O VE TOTE ' of A MAJOR -OTT ®F THE CCONW O SE O CNERS o _ 9� _ THE Mi T$R'S VETO' 0 S SUSTA NE®g ` THE' NATTER- SHALL Nor X000800 WORE THE COUNCOL AGAIN W O TH 0 N S 0 i-NONTHS W0 THO9aT THE PORET D OUS ` WPM30 TTEMI CONSENT OF THE ' MATOR o THE MAYOR MOAT VETO ALL OR ANY 0 tto' OF ' ANSP ORDINANCE M8AKONG APP68OPWiATDONS BUT THE VETO -SHALL EXTEND ON'LSP'T®'TDOE 6TEM8 ®ISAPFROVL®o `I'09OSE OTZNS W&HDCH HE APPBROVESs-SMBALL _6ECbWi EFFECTO'VE; BUT TOO®SE DOSkPolti E® SHALL NOT BECWE EFFECTOVE UNLESS PASSED OVER HOS VETO AS 08EREON SPECOrIED. (AMEM8ORMNT ADOPTED Ms$A`F 25p 1955) ' -3— SECTION ?. GENERAL POWERS. THE MAYOR SHALL HAVE AND EXERCOSE SUCH POWERS, PREROGATIVES AND AUTHORITY AS ARE CONFERRED ON MIM BY THIS CHARTER AND BY THE CITY COUNCIL, NOT INCONSISTENT WIT" THE GENERAL PURPOSES AND PRO- VISIONS OF THIS CHARTER. HE SHALL HAVE THE POWER TO ADMINISTER OATHS AND SMALL SIGN ALL CONTRACTS NOT HEREIN OTHERWISE PROVIDED FOR. (AMENDMENT ADOPTED NOVEMBER 23, 1939) SECTION 00. COMPENSATION. EACH MEMBER OF THE COUNCIL, ONCLUDING THE MAYOR AND EACH COMMISSIONER, SMALL RECEIVE AS COMPENSATION FOR MOS SERVOCES, THE SUM OF $10.0® PER MEETING FOR EACH REGULAR AND SPECIAL MEETING ATTENDED BY MOM, PROVODED, HOWEVER, NEITHER THE MAYOR NOR ANY COMMISSIONER SMALL BE PAID, MORE THAN AN AGGREGATE SUM OF THREE THOUSAND DOLLARS ($3400) DURING ANY ONE YEAR OF HOS TERM OF OFFICE. IN ADDITION TO THE ABOVE SPECIFIED COM- PENSATOON, EACH OF SAID MEMBERS OF THE COUNCIL SMALL BE REIMBURSED FOR ALL NECESSARY EXPENSES INCURRED AND PAOD BY HIM ON CONNECTION WITH THE PERFORM- ANCE OF HOS OFFICIAL DUTIES. (AMENDMENT ADOPTED MAY 2f5 1955 ) �k SEC700H 9. JUDGE OF ELECTIONS, THE CITY COUNCIL SHALL BE THE JUDGE OF THE ELECTION AND QUALIFICATION OF ITS OWN MEMBERS, SUBJECT TO REVOEW Bki, THE COURTS IN CASE OF CONTEST. (AMENDMENT ADOPTED NOVEMBER 23, 1939) SECTION 10. RESTRICTIONS UPON MEMBERS OF COUNCIL. No MEMBER OF TIDE CITY COUNCOL SMALL. HOLD ANY OTHER PUBLIC 6FF10E, OR HOLD ANY OFFICE OR Elil- PLOYMENT, COMPENSATION FOR WHICH IS PAID OUT OF PUBLIC MONEYS; NOR BE ELECT- ED OR APPOINTED TO ANY OFFICE CREATED BY OR THE COMPENSATION OF WHICH WAS .FIXED OR INCREASED BY THE CITY COUNCIL WHILE HE WAS A MEMBER THEREOF, UNTIL 'AFTER THE EXPIRATION OF ONE YEAR AFTER HE HAS CEASED TO BE A MEMBER OF THE CITY COUNCIL. NOR SMALL ANY OFFICER OR EMPLOYEE OF THE CITY OF CORPUS CHRISTI BE PECUNIARILY INTERESTED, DIRECTLY OR INDORECTLY, ON ANY CONTRACT LET BY THE CITY OR ANY WORK DONE FOR THE CITY NOR IN ANY MATTER WHEREIN THE RIGHTS OR LIABOLITOES OF THE CITY ARE OR MAY BE INVOLVE, NOR SHALL ANY MEMBER OF THE CITY COUNCIL OR OTHER OFFICER OR EMPLOYEE OF THE CITY BE INTERESTED DIRECT- LY OR INDIRECTLY, ON ANY PUBLIC WORK OR CONTRACT LET, SQi%RVOSED, CONTROLLED OR PAID FOR, ON WHOLE OR IN PART, BY THE STATE OR ANY OF ITS POLITICAL SUB• DOVISIONS. IN THE EVENT ANY SUCH OFFICER OR EMPLOYEE OF THE CITY SMALL BECOME INTERESTED, DIRECTLY OR INDIRECTLY, ON ANY CONTRACT, PURCHASE OR SALE MADE BY THE CITY, SAID CONTRACT, PURCHASE OR SALE SMALL BE NULL AND VOID; SHALL SE DISCONTINUED* AND NEW CONTRACT, PURCHASE OR SALE SMALL BE MADE AS IN THE INCIPIENCY OF THE CONTRACT, PURCHASE OR SALE, ANY OFFICER OR EMPLOYEE OF THE CITY BECOMING INTERESTED, DIRECTLY OR INDIRECTLY, ON ANY CONTRACT, PURCHASE OR SALE ON VIOLATION OF THOS SECTION SMALL FORFEIT ALL RIGHT AND CLAIM TO THE TITLE AND EMOLUMENTS OF ANY OFFICE WHICH HE MAY THEN HOLD ON SAID CITY AND SMALL BE EXPELLED THEREFROM, AFTER HEARING AS ON CASE OF IMPEACHMENT, BY THE CITY COUNCIL, OR, UPON THEOR FAOL.® LIRE SO TO 00, UPON PETITION OF FIVE OR MORE CITIZENS. (AMENDMENT ADOPTED NOVEMBER 23, 1939) -4- SECT ION 110-* AULES OF VHE COUNCIL, THE C 04Y COUNCIL SHALL DETiRQ MINE ITS OWN RULES OF PROCEDURE. MAY PUNISH ITS MEMBERS FOR DISORDERLY CON- DUCT; MAY COMPEL THE ATTENDANCE OF ITS MEMBERSOO AND MAY IMPEACH A MEMBER FOR THE CAUSES AND IN THE MANNER HEREIN PROVIDED FOR IMPEACHMENT OF THE MAYOR Awy MEMBER OF THE CITY COUNCIL WHO SHALL HAVE BEEN CONVICTED OF BRIBERY OR WHO SHALL WILLFULLY VIOLATE ANY,OF THE PROVISIONS OF THIS CHARTER SHALL BE SUBJECT TO REMOVAL BY IMPEACHMENT, SHOULD AWY COMMISSIONER ABSENT HIMSELF FROM THREE SUCCESSIVE REGULAR MEETINGS OF THE CITY COUNCIL, WITHOUT LEAVE FROM THE COUNCIL, THE CITY COUNCIL SHALT. HAVE POWERS AFTER HEARING TO DECLARE SUCH OFFICE VACANT. (AMENDMENT ADOPTED NOVEMBER 239 11939) SECTION 112. REMOVAL. IN CASE OF MISCONDUCT, MALFEASANCE9 INABILITY OR WILLFUL NEGLECT IN THE PERFORMANCE OF THE DUTIES OF HIS OFFICE, THE MAYOR MAY BE REMOVED FROM OFFICE BY THE CITY COUNCIL BY MAJORITY VOTE OF ALL THE COMMISSIONERS ELECTED, ,PHUT HE SHALL BE GIVEN AN OPPORTUNITY TO BE HEARD IN HIS DEFENSE, IN PERSON AND BY COUNSEL, WITH THE RIGHT TO SUMMON WITNESSES. WHO SHALL BE REQUIRED TO GIVE TESTIMONY. THE ARTICLES OF IMPEACHMENT SHALL BE FURNISHED IN WRITING TO THE MAYOR SEASONABLY IN ADVANCE OF THE HEARING AND THE BURDEN OF PROOF SHALL BE ON THOSE BRINGING THE CHARGES. THE HEARING THEREON SHALL BE PUBLIC AND A COMPLETE STATEMENT OF THE REASONS FOR REMOVAL, IF HE BE REMOVED, TOGETHER WITH FINDINGS OF FACT AS MADE BY THE COUNCIL, SHALL BE FILED BY THE COUNCIL IN THE ARCHIVES OF THE CITY AND BECOME A MATTER OF PUBLIC RECORD. PENDING CHARGES OF IMPEACHMENT AGAINST THE MAYOR, THE CITY COUNCIL MAY SUSPEND HIM FROM OFFICE FOR A PERIOD NOT EXCEEDING THIRTY DAYS, AND THE CONCLUSIONS AND FINDINGS MADE BY THE CITY COUNCIL SHALL BE FINAL. (AMEND- MENT ADOPTED NOVEMBER 23, 1939) myo SECTION 13. VACANCY IN OFFICE OF MAYOR, IN THE'EVENT 00 DEATH, RES04NATOON, PERMANENT DISABILITY, FORFEITURE OF OFFICE, RECALL, OR IMPEACH• MENT OF THE MAYOR, OR OF FOR ANY REASON A VACANCY SHALL EXOST ON THE OFFOCE OF MAYQR, THE MAYOR PRO TEM SHALL OMMEDOATELY BECOME THE MAYOR, PROVIDED THAT THERE -OS NOT AT SUCH TOME ON FOLK WITH THE CITY SECRETARY A RECALL PETITION TO RECALL THE COMMOSS90MER WHO IS SUCH MAYOR PRO TEM. ANY MAYOR PRO TEM WHO BECOMES THE MAYOR AS AFORESAID SHALL HAVE ALL THE DUTIES AND POWERS OF THE MAYOR, AND SHALL SERVE IN SUCH CAPACITY FOR THE REMAINDER OF THE THEN UN- EXPIRED TERM UNLESS SOONER REMOVED AS PROVIDED ON THIS CHARTER. AT THE TIME THE MAYOR PRO TEM BECOMES THE MAYOR AS AFORESAOD, THE OFFICE OF MAYOR PRO TEM SHALL BECOME VACANT; AND THE REMAINDER OF THE COMMISSIONERS SHALL FORTHWITH BY ELECTION DESOGNATE ONE OF THEIR NUMBER AS MAYOR PRO TEM TO HOLD OFFICE AND TO HAVE THE DUTIES AND POWERS AS ARE PROVIDED BY THOS CHARTER FOR THE SUCH DESOGNATED OFFICE. AT THE TOME THE MAYOR PRO TEM BECOMES THE MAYOR AFORESAID, SUCH ONDOVIDUAL SHALL FORTHWITH RESIGN HOS OFFICE OF A COMMISSIONER; AND SUCH VACANCY SHALL BE FILLED AS PROVIDED ON SECTION 15 OF THIS ARTICLE. IN THE EVENT THE MAYOR PRO TEM BE INELIGIBLE TO BECOME THE MAYOR AS APORESA00 BY REASON OF THERE BEING ON FILE WITH THE CITY SECRETARY A PETITION TO RECALL THE COMMISSOONER WHO IS SUCH MAYOR PRO TEM, THE THEN VACANCY IN THE OFFICE OF MAYOR SHALL BE FILLED BY A SPECIAL ELECTOON TO BE HELD WITHIN SIXTY DAYS AFTER SUCH VACANCY OCCURS, AND WITH SUCH ELECTION TO BE FORTHWITH CALLED BY THE THEN REMAONONG COMMISSIONERS, AND OF THERE THEN BE NO REMAINING COMMIS; SOONERS SUCH ELECTION SHALL BE FORTHWITH CALLED BY THE COUNTY JUDGE Of NUECES COUNTY, TEXAS.` (AMENDMENT ADOPTED MAY 210 1955) I SECTION i4. ABSENCE OF COMMISSIONER FROM COUNCIL MEETING-. SHOULD ANY COMMOSSOONER ABSENT HIMSELF FROM THREE REGULAR SUCCESSIVE MEETINGS OF THE CITY COUNCIL, AS FOXED BY ORDINANCE WITHOUT LEAVE OF ABSENCE FORST HAD, EXCEPT IN CASE OF SICKNESS, OR OTHER CIRCUMSTANCES OVER WHICH HE HAD NO CONTROL-. THE CITY COUNCOL SHALL HAVE POWER TO DECLARE SUCH OFFOCE VACANT, AND SHALL OM- MEOOATELY APPOINT SOME SUITABLE PERSON HAVING THE QUALIFICATIONS,HEREiIN PRE- - -- SCRIBED TO POLL SUCH VACANCY. (AMENDMENT ADOPTED NOVEMBER 23, 1939) SECTOON 15. VACANCIES IN OFFICE OF COMMISSIONER. IN THE EVENT OF DEATH, RESIGNATION, PERMANENT DISABOLOTY, FORFEITURE OF OFFOCE, RECALL, OR IMPEACHMENT OF ANY COMMOSSOONER, OR OF FOR ANY REASON A VACANCY SHALL EXIST IN THt OFFICE OF ANY COMMISSIONER, THE THEN REMAONONG MEMBERS Of THE COUNCIL BY MAJORITY VOTE Oe THE THEN MEMBERS SHALL FORTHWITH POLL SUCH VACANCY BY APPOONTMENT AND THE APPOINTED COMMOSSOOMER SHALL HOLD OFFICE UNTIL THE NEXT REGULAR CITY ELECTION AND UNTIL HOS SUCCESSOR HAS BEEN ELECTED AND QUALIFIED, UNLESS SOONER REMOVED AS PROVIDED ON THOS CHAPTER; PROVIDED, HOWEVER, NO ONDOVOOUAL WHO HAS BEEN A MEMBER OF THE COUNCIL AND HAS AT ANY TOME DURING HOS TERM OF OFFICE EITHER RESOGNED, OR FORFEOTED HIS OFFICE, OR BEEN RECALLED, OR BEEN IMPEACHED, MAY OURONG THE SAME TERM BE APPOONTED TO BE A COMMISSIONER; I AND PROVIDED FURTHER THAT ON THE EVENT A MAJORITY OF THE COMMISSIONERS BE RECALLED AT THE SAME RECALL ELECTOON, THEN THE VACANCOES ON THE OFFOCES THERE- TOFORE HELD BY THEM SHALL BE POLLED BY A SPECIAL ELECTION TO BE HELD WOTHON SIXTY DAYS AFTER SUCH VACANCIES OCCUR, AND WITH SUCH ELECTION TO BE FORTHWITH CALLED BY THE THEN REMAONONG COMMISSIONERS, AND OF THERE THEN BE NO REMAINING COMMISSIONERS SUCH £LECTOON SHALL BE FORTHWITH CALLED BY THE COUNTY .JUDGE OF NUECES COUNTY, TEXAS. (AMENDMENT ADOPTED MAY 2�. 1953) I =6m SECTION 96o_ MEETING OF THE COUNCIL. TNT COUNCIL SHALL NICE? IN H&ULAR %TSS1CN AT LEAST ONCC EACH kiTM 'A`T THT -COTY HILL AT SUCH TIIAT@ AS @HILL BE F 11BTO BY ORDINANCE AND IT SMALL PRTICR I BE TROT MANNTR IN Wk OCH @PTC 1 AL ST81I ON9 WAY BE CAL -LEO AN® WAY PROVIDE FOR RECESS Of ANY REGULAR OR IPTC I AL SESSION. ALL SESSIONS SHALL ®E OFTW TO THE PUBLIC. THE MAYOR 6m MAYOR PRO T¢a AND ONE—HALF OF THE CONN I SS I ONIERS SHALL CONSTITUTE A qUBORum. TNT COUNCIL SHALL DBEIEP A JOURNAL OF OTS OWN PROCEEDa O NGSP SIH I CH SHALL IT PUBLIC AND ONE Of THE QRCHOVIS Cr THE CITY. THE COUNCIL SMALL ACT ONLY BY CRE90 NANCEP RESOLUIT I ®PID OR NOTION. ORDINANCES SHALL BE CONFINED TO ONE SUBJZCT VN I CH $HALL It CLEARLY TIUPRESIIi 0 IN THE T 1 TLZq BODY OROD 0 MINCES WAR I NG APPR®POR O AT I ONS MAY INBRQCE NCRE THAN ODIC:% 9UDBJTCTP PROVIDED THAT EACH SHALL BE CONFINED TO THE SUBJECT OF QPPROPR I AT 0 ONl o THE AYIS AND NAYS SHALL 39 TAKEN UPON TNT PA139AG9 OF ALL ORODONANQE9 ON RESOLUTIONS AND ENTERED UPON TNT JOURNAL. EVERY ORDINANCE OR RESOLUTION SHALL REQUO I RT ON 173 -FINAL PASSAGED THE AFFIRMATIVE MOTE Of A MAJORITY OF ALL OF TNT COUNCIL. No OROD 1 nmcm CR RESOLUTION SHALL BE PASSED FINALLY OCA THE GATT. It It I NTRCOUICEOD BUT SAKE SMALL BE CONSIDERED AND VOTE® U ODW AT THREE 081E§UILAR NEST 1 NGSD EXCEPT IN THE CASTE OP PUBLIC EIM+( ACINCY AMD THEN ONLY IM�HEN R0E�T41TST1E® BY THEE MAYOR 190 UDR I T 1 NGg PROP I OTO% THAT' NO ORDINANCE OR RESOLUTION I NVOLV I NB THE EXP(ENC I TORT or MONEY NOT WITHIN TNT EU0 21T FOR THX CUDRRENT FISCAL TEAOR OR WAR I NG A GRANT OF ANY FRANCH 0 59 OR SPECIAL POR 1 V 1 LI: *T SNALL I VISOR It PA99E0 A9 AN TKIRSENCY omEQSsODRQ, ALL ORDINANCES FINALLY PASSEID SHALL ®E ONIE OF THE AIRCDD I TTS OF TNT C 0 TT. EVERY 'CRIB 14'IQRIC(E i mPC91 NCA ANY F O NE P PENALTY 006 r*Af9 I TUAC @HALL BT 'PU%- L O SHE® IN ONE 1 SSUM Or THE OFFICIAL PAPER AFTER WM I CDO 9AWX 80UALL TAMC TPPECT AND BE IN PCRCE9 UNLESS A LATER ®ATOS SMALL 0151E PROW I D(EO IM TI4T OR®I NQNCQ o (ANENONEN4 ADOPTED MAY 2 P 9955) SECT ION 97, CONTRACTS BEFORE ELIECTIOM. 07 maLL IT 0+> LAWVUDL p®R ?me CITY CCU NC 1 LP'W O TDO 0 N SIXTY IDAT9 BEFORE ANY IREiSUALAO (ELECT 1 OND TO PA@@ ANY CR®1 MANCE OR - RESOLUDT 1 ON U+IHERISY ANY APPROPRIATION OF NCNEY NOT 1 XCLU D90D IN THE EMIT IS MADE OR CONTRACT OR OBL I GQT 1 ON Or THE C 0 TY Is ATTEMPTED TO BT CREATED OR FRANCHISE GRANTED AND ANY SUCH APPROPR 0 AT i CNP CONTRACT OR GRANT SHALL BE WOOD. (APA(ENOwENT ADOPTED NCC9ED9sift 239 9939) SECT 1 CN �8. INTERFERENCE. Susia'sC54 T® THS MEAZ O N PROVIDED CR I SHT9 AND RESPONSIBILITIES OF THE COUNCIL ODOR CONPU RNAT 0 ONP CONSENT AND 1 NdlE9T I GQiT B OND NEITHER THE COUNCIL NOR ANY OF OTS WENN ERS SHALL INSTRUCT OR R(bOUITgT THIS CITY MANAUR OR QNY OP UU I S SUBORDINATES TO APPOINT TO OR OREG0CVZ FROM OFFICE OR TP,1PLOYWENT ANY PERSON EXCEPT WITH RESPECT TO 1TMO9E OFFICES WHICH ARE TO BIC FILLED BY' APPC INTWENT BY THE COUNCIL UJN®EOR TKIE PROVISIONS OF TM I S CDI1a1� VIER. CNCEPT FOR THE PURPOSES OF INQUIRY AN® i NVEST 8 UT I ONg ENFORCING AN ORDINANCE Of TNT C I TYP OR ENFORC B HG A PTNAL LAW., FECERALP STATz CR MUNICIPAL. THE COIANC OL SMALL DEAL WITH THE ADMINISTRATIVE SERVICE OP° -roa CITY 9OL4%Lv THROODem TNT CITY H&MAOIR AND SHALL NOT GIVE ORDERS TO ANY OF THE MANAOSA'9 WILLFUL v I OLQT I ON Or THE romm I N® PROVISIONS OF THIS CHARTER BY U %Y WINSTR 0 TNT COUNCIL SHALL CONSTITUTE OFFICIAL NO SCON®U/CT o (ARBIENONINT AOOPTE® MAY 241 9953) -7- SECTION 19. INVESTIGATION AND RESPONSIBILITY. Tack COUNCIL SHALL HAVE THE (EXPRESS POWER TO INQUIRE a NTO THE OFFICIAL CONDUCT OF ANY DEPARTH ENTg DOV0S0ON9 AOENCY9 OFF0CE9 OFFICER OR EMPLOYEE OF THE COTY9 AND FOR THAT PURPOSE SMALL HAVE THE PONDER TO ADMINISTER OATHS9 SUBPOENA WOTNESSES9 COMPEL THE PRO® DUCTOON OF OBOOKS9 PAPERS9 AND OTHER EVIDENCE MATERIAL TO THE IN06IORY. REFUSAL TO ATTEND AND TESTIFY OR TO PRODUCT BOOKS9 PAPERS9 ANO OTHER EVIDENCE MATERIAL TO ?ME INQUORY9 SMALL RESULT ON FORFEITURE OF ANY OFFICE, EMPLOYMENT, MHOLUENTSy OR CONTRACT THEN ACCRU O NS TO THE PERSON so nous 0 me. TOOK COUNCIL May PROVIDE BY ORDINANCE AIDO 0 T 0 ONAL PENALTIES FOR CONTEMPT ON FA 0 L I Nab , OR RgrUS I NS TO OBEY ANY SUCH SUvPOENA9 OR TO PRODUCE ANY SUCH SOOKSy PAPERS9 OR OTHER EVODlENcco AND SHALL HAVE THE POWER TO PUMOSH ANY SUCH CONTEMPT ON THE MANNER PROVIDED SY SUCH ORDOMANCEe ALL DUTIES AND RESPONSIBILITIES NOT EXPRESSLY OR DXPL 0 EDGY DELEGATED TO THE CITY MANAGER BY THIS CHARTER SHALL BE THE DUTIES AND RESPONSIBILITIES OF THE COUNCIL. THE MAYOR AND EACH OF THE CONMO SS OONERS SHALL ZACH BE RESPo%5I ®LIE FOR AND SMALL REQUIRE THE CITY MANAGER AS THE PRINCIPAL EXECUTIVE OFFICER OF THE ADM N I STATT O VIE BRANCH OF THE GOVERNMENT OF THE C O TT TO ENFORCE OR CAUSE THE ENFORCEMENT OF THE LAWS AND ORDINANCES OF THE CITY AND TO ENFORCE OR CAU99 THE ItNFORc(gl ewv OF ALL PENAL LANx➢39 FEDERAL9 STATIC AND MUNICIPAL9. ALL ORMCSPCCTOVOE OF THE DIE LEOAT O ON OF RESPONS O N O L OT O ES TO THE CITY BP�'ilOO&29% ANO TO OTHER OFFICERS AND EMPLOYEES OF THE ADN O N I STATT O VCE BRANCH Or -THE GOVI[RO001901 OF THE COTT. (AMENDNZNT. AIDOPTED MAY 2t;, 1955) RECAL o SECTION 20, POWER OF RECALL. • THE PEOPLE OF THE CITY OF CORPMas COIR O ST O RESERVE THE POWER TO RECALL THE HOLDER OF THE OFF O cit OF Mayon AND THIt POWER TO RECALL THE DIOL®ER OF ANY OFFICE OF COMMISSIONER FOR ANY REASON WH 0 CIO TO TO 900 APPEARS TO BE DESIRABLE; AND HAY . EXERC 1 SE SUCH P0wER By FILING 9d I TDO THE C 0 TY SECRETARY A PET 0 T I ON S 0 &NED BY QUAL 0 F I ED V07E0IS OF THE C 0 TY (EQUAL 0 N %WNW e01 T® AT LEAST TEN PER CENT OF THE QUALIFIED VOTERS OF THE C O TY9 DEMANDING THE REMOVAL OF OUCH HOLDER FROM su CN ®FF 1 clt . THE PETITION SMALL CONTAIN A GENERAL $TATEDAENT AS TO THE REASON FOR WH 0 CH THE REMOVAL 09 SOUGHT; BUT NEITHER THE OFF O CE-OOLOCR9 NOR THE CITY SSCRETARY9 NOR THE COUNCOLO SMALL HAVE ANY POWER TO QUESTION OR CONTEST THE SQJFF o c I ENcY OF SUCH GENERAL STATEMENT. THE S o sojATMRES TO macaLO, P'ET 0 T 0 ONS NEED ROOT ALL BE APPENDED TO ONE PAPER. EA (CH 1B 0 (SHER DF &my sucH PET 0 T O OIs SHALL SIGN H 0 Ss NAME ON 0 NIIE 00 -0 NOEL I PULE PENCIL AND SHALL 0 ND I CATS AFTER 0961 NAME N 0 S PLACE OF RESIDENCE BY STREET AND AIUNDCR9 OR BY OTHER DESCRIPTION SUFF 0 CI I6NT TO IDENTIFY THE PLACE, ATTACHED TO EACH. SEPARATE PETITION PAPER THEROE . 03HALL 91 AN AFFIDAVIT OF.THE CIRCULATOR THEREOF THAT NIED AND HE ONLY9 PERSONALLY C101- CULATI O SUCH PETITIOW PAPCR9 THAT EACH SIONATIBRE APPENDED THERETO WAS MADE ON NIS PRESENCDe9 AND THAT -0E BELIEVES CACH S 12NATURE APPENDED TNTRETO TO 69 TU01E GENUINE SIGNATURE OF THE PERSON WHOSE NAIL IT PURPORTS TO CBE. (A04ENID0DENT ADePTED MAY 2, 9955) SEcvoon 29. FILING9 EXAMINATION AND CERTIFICATION OF PETITION. ALL PET 0 T 9 ®N` PAPIERS COMPRISING A RECALL PETITION SMALL BE ASSEMBLED AND F 0 LMD WITH THE C0TT SECRETARY AS ONE INSTRUMENT. WO THIN TWENTY DAYS AFTER A RECALL DIET0ToON It SO F I LED9 THE CITY SECRETARY &HALL DETERMINE WHETHER THE SAME Of S 04NED My' THE REQUISITE NUMBER OF QUALIFIED VOTERS. THE CITY SECRETARY SHALL DECLARE VOID ANY PETITION PAPER WHICH DOES NOT HAVE AN AFFIDAVIT ATTACHED THERETO AS REQUIRED ON SECTOON 20 OF THIS ARTICLE. IN EXAMINING THE PETITION THE CITY SECRETARY SHALL WROTE THE LETTERS WD.V.W IN RED INK OPPOSITE THE NAMES OF SIGNERS FOUND NOT QUALIFIED TO VOTE. AFTER COMPLETING THE AFORE- SAID EXAMONATOON OF THE PETITION THE CITY SECRETARY SHALL CERTIFY THE RESULTS THEREOF TO THE COUNCIL AT ITS NEXT REGULAR MEETING, STATING THE ' NUMBER OF PERSONS FOUND ON THE PETOTOON WHO ARE QUALIFIED TO VOTE. IF THE CERTIFICATE OF THE CITY SECRETARY SHALL SHOW KTHE RECALL PETITION TO HAVE' TOTAL S90 ATURES OF QUALIFIED VOTERS ON NUMBER LESS THAN TEN PERCENT OF THE QUALOFIED VOTERS OF THE CITY, THE CITY SECRETARY SHALL NOTIFY THE PERSON FOLONG THE PETITION, AND IT MAY BE SUPPLEMENTED WITHIN TEN DAYS FROM THE DATE OF SUCH NOTOCE BY FOLONG SUPPLEMENTARY PETITION PAPERS BEARING SOGNA- TURES OF THEOR QUALIFIED VOTERS OF THE CITY. WITHIN TEN DAYS AFT.ER SUCH SUPPLEMENTARY PAPERS ARE FILED, THE CITY SECRETARY SHALL AGAIN EXAMINE THE 'OROGINAL PETOTOON, AS SUPPLEMENTED, AND SHALL CERTIFY THE RESULTS THEREOF TO THE COUNCIL AT ITS NEXT REGULAR MEETING4 ,STATING THE NUMBER OF PERSONS FOUND ON THE PETITION, AS SUPPLEMENTED, WHO ARE QUALIFIED TO VOTE, AND THE NUMBER OF PERSONS FOUND ON THE PETITION, AS SUPPLEMENTED, WHO ARE NOT QUALIFIED TO VOTE. IF THE PETITION, AS SUPPLEMENTED, IS FOUND TO HAVE TOTAL SOGNATURES OF QUALIFIED VOTERS OF THE CITY, THE COTY SECRETARY SHALL RETURN THE PETITOON, AS SUPPLEMENTED, TO THE PERSON FILING THE SAME, WITH- OUT PREJUDICE TO THE FILING OF A NEW PETITION FOR THE SAME PURPOSE. (AMEND- MENT ADOPTED MAY 2. 1955 SECTION 22.RECALL ELECTION. WHENEVER A RECALL PETITION 08 CER® TIFOED BY THE CITY SECRETARY TO HAVE TOTAL SOGNATURES OF QUALIFIED VOTERS IN NUMBER EQUAL TO AT LEAST TEN PER CENT OF THE QUALIFOED VOTERS OF THE CITY. AND THE HOLDER OF THE OFFICE WHOSE REMOVAL FROM SUCH OFFICE IS SOUGHT BY SUCH PETITION DOES NOT RESIGN WITHIN FIVE DAYS AFTER SUCH CERTIFICATION TO TME COUNCIL, THE COUNCIL SHALL. FORTI4WOTH ORDER AND HOLD A RECALL ELECTION WITHIN NOT LESS THAN THIRTY, NOR MORE THAM SOXTY, DAYS FROM CERTIFICATION.- IN THE EVENT AT ANY ONE TIME THERE`SE BEFORE THE COUNCIL MORE THAN ONE RECALL PETI- TOON $0 CERTIFIED BY THE CITY SECRETARY AS TO WHICH THE COUNCOL 05 THEN SO OBLIGATED TO ORDER RECALL ELECTIONS, THE COUNCIL SHALLORDER AND HOLD, ON THE SAME DATE, RECALL ELECTIONS ON ALL SUCH PETITIONS SO CERTIFIED. (AMEND- MENT ADOPTED MAY 2u 1955' , SECTION 23. RECALL'BALLOT. BALLOTS USED AT RECALL ELECTIONS SHALL CONFORM TO THE FOLLOWING REQUIREMENTS: (1) WITH RESPECT TO EACH PERSON WHOSE RECALL IS SOUGHT THE QUESTION SHALL BE SUBMITTED 00SHALL (NAME OF OFFICE HOLDER) BE RECALLED AND REMOVED FROM THE OFFICE OF (NAME OF OFFICE'= W IMMEDIATELY BELOW EACH SUCH QUESTION THERE SHALL BE PRINTED,.. THE TWO FOLLOWONG PROPOSITIONS, ONE ABOVE THE OTHER, ON THE. - ORDER INDICATED: 0°FOR THE RECALL AND REMOVAL OF (NAME OF OFFICE HOLDER).T °DAGAONST THE RECALL AND REMOVAL OF (NAME OF OFFICE HOLDER).°D (AgEN®MENT ADOPTED MAY 2t4 1955) 'Y SECTION 24. RESULTS OF RECALL ELECTION. IF A MAJORITY OF THE VOTES CAST AT A RECALL ELECTION SMALL BE AGAINST THE RECALL AND REMOVAL OF THE OFFICE HOLDER NAMED IN THE BALLOT HE SMALL CONTINUE IN OFFICE. IF A MAJORITY OF THE VOTES CAST AT SUCH ELECTION BE FOR THE RECALL AND REMOVAL OF THE OFFICE HOLDER NAMED IN THE BALLOTy THE COUNCIL SMALL IMMEDIATELY DECLARE HIS OFFICE VACANT; AND SUCH VACANCY SMALL BE FILLED IN ACCORDANCE WITH TME PROVISIONS OF THIS CHARTER FOR 'rME FILLING OF VACANCIES. AN OFFICE HOLDER THUS RECALLED AND REMOVED SMALL BE INELIGIBLE THEREAFTER FROM MOLDINQ ANY OFFICE IN THE CITY FOR A PERIOD OF TWO YEARS. (AMENDMENT ADOPTED MAY X955) SECTION 25. LIMITATION ON RECALL. NO RECALL PETITION SMALL of FILED AGAINST AN OFFICE HOLDER WITHIN THE FIRST FOUR MONTHS AFTER HE TARES OFFICE NOlt WITHIN THE FOUR MONTHS IMMEDIATELY PRECEDING THE DATE OF THE NEXT REGULAR ELECTION FOR HIS OFFICE. NO OFFICE HOLDER SMALL BE SUBJECTED TO MORE THAN ONE RECALL (LECTION DURING A SINGLE ELECTIVE TERM OF OFFICE, (AMENDMENT ADOPTED MAY 2tx 1955) SECTION 26. CITY SECRETARY. THE COUNCIL SMALL APPOINT THE CITY SECRETARY., AND HIS ASSISTANTS., IF ANY, WHO SMALL SERVE AT THE PLEASURE OF THE COUNCIL. THE CITY SECRETARY SMALL KEEP THE RECORDS OF THE COUNCILS, AND SMALL HAVE SUCH OTHER DUTIES AND RESPONSIBILITIES AS MAY BE ASSIGNED TO MIM BY THIS CHARTER AND THE COUNCIL. (AMENDMENT ADOPTED MAY 24t,9955) SECTION 27. CORPORATION COURT. THERE SMALL BE A COURT FOR THE TRIAL OF MISDEMEANORS KNOWN AS THE CORPORATION COURTS, W#TM SUCH POWERS AND DUTIES AS ARE DEFINED AND DESCRIBED IN TITLE 28, CHAPTER SIXTEEN., REVISED STATUTES OF TEXAS., 9925. THE MAGISTRATE OF THE COURT SMALL BE KNOWN AS THE CORPORATION JUDGE. HE SMALL BE A LICENSED ATTORNEYS, PRACTICING LAW IN NUECES COUNTY FOR AT LEAST TWO YEARS PRIOR TO HIS APPOINTMENTS, AND A QUALIFIED VOTER. HE SMALL BE NOMINATED BY THE MAYOR AND ELECTED BY A MAJORITY OF THE CITY COUNCIL AND SMALL HOLD MIS OFFICE FOR TWO YEARS; UNLESS SOONER REMOVEDO AND SMALL RECEIVE SUCH SALARY AS MAY BE FIXED BY ORDINANCE. THE CITY COUNCIL SMALL APPOINT A CLERK OF SAID COURT WHO SMALL RECEIVE SUCH SALARY AS MAY BE FIXED BY ORDINANCE., AND WHO SMALL -MOLD MOS OFFICE DURING THE TERM OF OFFICE OF THE COMMISSIONERS APPOINTING HIM., UNLESS SOONER REMOVED. THE CITY COUNCIL MAY ALSO APPOINT A DEPUTY OR DEPUTIES CLERK FROM TIME TO TIME AS THEY MAY DEEM NECESSARY. A VACANCY IN THE OFFICE OF CORPORATION JUDGE OR CLERK SMALL BE FILLED BY THE CITY COUNCIL FOR THE UNEXPIRED TERM ONLY. IN THE EVENT OF ABSENCES, ILLNESS OR INABILITY TO ACT THE MAYOR MAY NOMINATE AND THE CITY COUNCIL APPOINT SOME SUITABLE PERSON TO SERVE DURING SUCH ABSENCES, ILLNESS OR INABILITY TO ACTS, WHO SMALL HAVE ALL THE RIGMT52 POWERS., DUTIES AND AUTHORITY OF THE REGULAR APPOINTEE DURING SUCH TIME. (AMENDMENT ADOPTED NOVEMBER 230 1939) -10- SECTOON 29. CITY CONTROLLER. THE CITY CONTROLLER, WHO'SHALL BE APPOINTED BY THE COUNCIL, SHALL BE THE CHIEF AuvQ TOR OF THE CITY, ANDA PIE SHALL BE RESPONSOBLE FOR CARRYING ON A CONTONUONG AUDIT OF THE BOOKS AND ACCOUNTS OF THE COTY OF CORPUS CHRISTI; HE SHALL BE,RESPONSIBLE TO THE COUNCIL AND SMALL PERFORM SUCH DUTIES AS ARE HEREIN SET FORTH AND SUCH OTHER FUNCTOONS AND DUTIES AS MAY BE FROM TIME TO TIME ASSIGNED BY THE COUNCIL. (AMENDMENT ADOPTED MAY 25s 1955) SECTION 29. INDEPENDENT AUDIT. THE COUNCIL SHALL CAUSE AN INDEPEN- DENT AUDIT TO BE MADE OF THE BOOKS OF ACCOUNT, RECORDS AND TRANSACTIONS OF ALL THE ADMONISTRATIVE DEPARTMENTS OF THE CITY AT LEAST ONCE YEARLY. SUCH AUDITS DURING SUCH FISCAL YEAR SHALL BE MADE BY ONE OR MORE CERTIFIED PUBLIC ACCOUNTANTS, WHO, FOR THE THREE YEARS NEXT PRECEDONG, HAVE HELD A CERTIFI- CATE ISSUED BY THE STATE BOARD OF ACCOUNTANCY OF THE STATE OF TEXAS, OR BY A STATE MAONTAONONG AN EQUAL STANDARD OF PROFESSIONAL REQUIREMENTS, WHICH ENTITLES THE HOLDER OF SUCH CERTIFOCATE TO A TEXAS CERTIFICATE. THE AUDITOR OR AUDOTORS TO MAKE THE SHOD AUDIT SHALL BE SELECTED BY THE COUNCIL, AND SHALL BE RESPONSOBLE TO THE COUNCIL. THE DUTOES OF THE AUDITOR OR AUDITORS SO APPOONTED SHALL INCLUDE THE CERTIFICATE OF ALL STATEMENTS REQUIRED UNDER SECTOON 11 OF ARTICLE IV OF THIS CHARTER AMENDMENT. SUCH STATEMENTS SHALL INCLUDE A BALANCE SHEET, EXHIBITING THE ASSETS AND LIABILITIES OF THE CITY, SUPPORTED BY DEPARTMENTAL SCHEDULES, AND SCHEDULES FOR EACH UTOLITY PUBLICLY OWNED OR OPERATED, SUMMARIES OF INCOME AND EXPENDITURES, SUPPORTED BY DETAILED SCHEDULES; AND ALSO COMPARISONS IN PROPER CLASSIFICATION WITH.THE LAST PRE- VIOUS YEAR. THE ORIGINAL REPORT OF THE SAID AUDITOR OR AUDITORS SHALL BE KEPT AMONG THE PERMANENT RECORDS OF THE CITY. (AMENDMENT ADOPTED OCTOBER 9, 1945 ) SECTION 30. AUDIT. UPON THE DEATH, RESIGNATION, REMOVAL OR EX— PORATOON OF THE TERM OF ANY OFFICER OF THE COTY, OTHER THAN THE CITY CON- TROLLER, THE CITY CONTROLLER SHALL CAUSE AN AUDIT AND INVESTIGATION OF THE 4 ..ACCOUNTS OF SUCH OFFICER TO BE MADE AND SHALL REPORT TO THE COTY MANAGER AND.. THE COUNCIL. EITHER THE COUNCOL OR THE CITY MANAGER MAY AT ANY TIME PROVIDE FOR AN ONVESTOGATOON OR AUDOT OF TNE`ACCOUNTS OF ANY OFFICER OR DEPARTMENT OF THE CITY GOVERNMENT. IF, AS A RESULT OF ANY SUCH AUDIT, AN OFFOCER BE FOUND INDEBTED TO THE CITY, THE CITY CONTROLLER OR OTHER PERSON MAKING SUCH AUDIT, SMALL IMMEDIATELY GIVE NOTICE THEREOF TO THE COUNCIL, THE.CITY MANAGER i AND THE COTY ATTORNEY, AND THE LATTER SHALL, AS DIRECTED BY THE.CITY MANAGER, FORTHWITH PROCEED TO COLLECT SUCH ONDEBTEDNESS. (AMENDMENT ADOPTED OCTOBER 9, 1945 ) ARTICLE 111 SECTION 1. 'THE CITY MANAGER. THE COUNCIL SHALL APPOINT A CITIY MANAGER WHO SHALL BE THE CHIEF ADMINISTRATIVE AND EXECUTIVE OFFICER or THE CITY. THE MANAGER SMALL BE CHOSEN BY THE COUNCIL SOLELY ON tHE BASIS OF HOS EXECUTIVE AN® ADMINISTRATIVE TRAINONGg EXPERIENCE AND A1BILITYg AND WITHOUT REGARD TO POLITICAL CONSIDERATIONS., AND NEED NOT WHEN APPOINTED BE A RESIDENT OF THE CITY OF CORPUS CHRISTI OR OF THE STATE or TEx&sp ®UT SMALL., DURING H I S TERGA OF OFFICE AS CITY MANAGER OF CORPUS CHR I ST1 a HIES 0 pill #N., AND BE A RESIDENT OF., THE CITY OF CORPUS CHRISTI. No 6NEDA®ER or THE COUNCIL SMALL., DURING THE TIME FOR WHICH HE IS ELECTED., BE CHOSEN AS CITY MANAGER. THE CITY MANAGER MAY BE EMPLOYED FOR AN INDEFINITE TERN,, OUT WAY BE REMOVED AT THE WILL AND PLEASURE OF THE COUNCIL BY A MAJORITY VOTE ®F THE ENTIRE MEMBERSHIP OF THE COUNCIL. WHEN THE CITY MANAGER SE SO RZMQVQD BY THE COUNCIL HIS COMPENSATION SHALL CEASE ON THE DATE OF NIS REMOVAL• THE ACTION OF THE COUNCIL IN REMOVING THE CITY MANAGER SHALL SE FINALq IT BEING TILE INTENTION OF THIS CHARTER TO VEST ALL AUTHORITY AND FIX ALL RE3PONS0®ILUTY FOR SUCH REMOVAL IN THE COUNCIL. IN THE CASTE OF rM9 AIXISENCE OR DOSABILOTY OF THE CITY MANAGER., THE COUNCIL MAY DESIGNATE SOME QUAL#rlto PERSON TO PERFORM THE DUTIES OF THE OFFICE DURING SUCH ABSENCE OR *#$ABILITY* THE CITY MANAGER SMALL RECEIVE SUCH COMPENSATION AS INAY or FIXED dBY THE COUNCIL. (AMENDMENT ADOPTED MAY 2) 1955) SECT10N 2. POWERS AND DUTIES. THE POWERS AND DUTIES OF THE CITY MANAGER SMALL BE AS FOLLOWS'. To SEE THAT ALL LAWS AND ORDINANCES ARE ENFORCED. To EXERCISE CONTROL OVER ALL DEPARTMENTS AND SUBDIVISIONS THEREOF CREATED BY THE CITY CHARTER AND AMENDMENTS THERETO., OR ?NAT MAY HEREAFTER BE CREATED BY THE COUNCIL.,EXCEPT AS HEREIN OTHERWISE PROVOOED, TO SEE THAT ALL TERMS AND CONDITIONS IMPOSED IN FAVOR OF THE CITY OR ITS INHABITANTS IN ANY PUBLIC UTILITY FRANCHISE ARE FAITHFULLY KEPT AND PERFORMED., AND ON CASE OF ANY VIOLATION THEREOF TO TAKE SUCH ACTION AS MAY BE NECESSARY AND PROPER TO ENFORCE THE SAFE OR TERQAINATS SUCH FRANCHISE. To ATTEND ALL MEETINGS OF THE COUNCIL., WITH THE RIGHT TO TAKE PART IN THE DISCUSSION., BUT HAVING NO VOTE. HE SHALL BE ENTITLED TO NOTICE OF ALL SPECIAL MEETINGS IN THE SAME MANNER AS SUCH NOTICE 03 GIVEN TO MEMBERS OF THE COUNCIL. ANY ACTION TAKEN AT ANY MEETING of THE COUNCIL OF WHICH THE CITY MANAGER HAS NOT BEEN NOTIFIED SMALL BE OF NO FORCE OR EFFECT., EXCEPT., HOWEVER., THE ACTION OF DESIGNATO02 A PERSON TO PERFORM THE DUTIES OF CITY MANAGER IN HIS ABSENCE SHALL SQ OF -FULL FORCE AND EFFECT. . To RECOMMEND TO THE COUNCIL FOR ADOPTION SUCH MEASURES AS NQ MAY DEEN NECESSARY OR EXPEDIENT. I TO KEEP THE COUNCIL AT ALL TIMES FULLY APVOSED AS TO THC FINANCOA& CONDITION AND NEEDS OF THE C 0 TY AND TO RENOIR A MONTHLY SUMMARY STATIEWEIIT OF DCPARTMINTAL-ACTIVITIES. TO ACT AS BUDGET OFrIClRq ANDY AS SUCH., PREPARE AND SUBMOT TO THC COUNCIL THE ANNUAL BUDOET., AFTER RECEIVING ESTIMATES MADE BY THE DIRECTORS OF THE VARIOUS DEPARTMENTS OF THE CITY. TO SEE TO IT THAT THE CITY LIVES WITHIN ITS BUDGET., AMC 'IIFDIeIC ANY EXPENDITURES ARE MADE FROM BUDGETARY APPROPRIATIONS FOR ANY AND ALL BOARDS CREATIO BY CHARTER OR ORDINANCE., TO SEE THAT SUCH EXPENDITURES AMC LAWFUL AND TO THE BEST INTEREST OF THE CITY. TO THAT END THE COTY MANAUR SHALL 199 AN EX OFFICOO MEMBER OF ALL SUCH BOARDS OR COMMISSIONS WITHOUT VOTE., BUT WIT14 THE RIGHT OF VOTE OF ANY PROPOSED EXPENDITURES THAT HI SHALL DEEM NOT TO THE BEST INTEREST OF -THE CITY. AwY MONEYS SO uPIENDID FOR TH9 ACCOUNT OF ANY (BOARD OR COMMISSION SMALL BE DISBURSED AS PROVODED 00 59CTOON 7 OF ANTOICL&-4 OF THOS CHARTER. i To EXECUTE DEEDS ON BEHALF OF THE CITY WHEN AUTHOR1Z90 BY ONDIVAINCE DULY PASSED BY THE COUNCIL; TO MAKE AND EXECUTE ALL CONTRACTS ON 1DEHALF Of THE CITY., PROVIDEOy (HOWEVER., ALL CONTRACTS FOR EXPENDITURES NOT INCLUD90 IN THE ANNUAL BUDGET SHALL BE APPROVED BY THE COUNCIL BEFORE: THE SAMC SHALk 119 BINDING UPON THE CITY. To PURCHASE., ACQUIRE AND MAINTAIN SUCH EQUIPMENT AND MATOSR0AL At MAY BE NECESSARY IN THE PROPER HANDLING OF THE AFFAIRS OF THC COTY. To PERFORM SUCH OTHER DUTIES AS MAY BE PRESCRIBED BY THE CITY CHARTER OR BY ORDINANCE OR RESOLUTION OF THE COUNCIL; AND TO BE ACSPSNSO§LE TO THC COUNCIL FOR THE PROPER ADMINISTRATION OF ALL THE CITY AFFAIRS PLACCO j ON HIS HANDS.- THE COUNCIL SHALL REQUIRE THE CITY MANAGER$ BEFORE CNTC'bR D*a - UPON THC DUTIES OF HIS OFFICE., TO EXECUTE A GOOD AND 9UFF000CHT MD WITH A SURETY COMPANY DOING BUSINESS IN TEXAS AS SURETY 1HERCON9 WHICH DOW I HALL BE APPROVED BY THE COUNCIL. SAID 90NO SHALL BE IN SUCH'AMOUNT AS THE CO'wMC0L MAY -DEMAND., PAYABLE TO THE CITY OF CORPUS C -MR I ST I ., AND COMO I T OOK99 FOIL TOS$ � FAITHFUL PERFORMANCE OF THE DUTIES OF PH 0 S OFFICE. PREMIUMS FOOB Sa1C/I mew SHALL BE PAID BY THE CITY. (AMENDMENT ADOPTED MAY Z' 1955 SECTION 3. EMPLOYMENT OF PERSONNEL. ALL DIRECTORS ®F (Dgpamvwcmvs AND DIVISOO"N HEADS. WHETHER SPECIFICALLY PROVIDED ON THIS CHARTER am IT OROINANC99 SHALL BE APPOINTED BY THE CITY MANAGER., PROVIDED., HOWEV999 9AC00 SUCH APPOONTWENT BEFORE IT BECOMES EFFECTIVE SHALL BE CONFORMED SY 09$1OLUT0ON PASSED 1T A-MA.00R O TY. OF THE MEMBERS OF THE COUNC I LZ AND ALL OTHER IEMPLaTzge OF THE CITY WHOSE APPOINTMENT OS NOT OTHERWISE PROVIDED FOR ON THIS CHARTIM SHALL BE APPOINTED BY TIE. C O TY MANA,2ER., PROV 1 DED., OHOWEVER., THAT IDI THQ CLASSIFIED SERVICE ANY APPOINTMENT SHALL BE SUBJECT TO THE CLASSIFOCD STAVICE PROVISIONS OF THOS CHARTER. ALL APPOINTMENTS SHALL BE ON THC BASIS OF CX9CUTOVI AND ADMINISTRATIVE EXPERIENCE AND ABILITY., AND OF TRADNON29 FOTMCSS AND iEFFICIINCY OF SUCH APPPINTEES IN THE WORT( WHICH THEY AMC TO ADDd'ONOBTOI08o (ADMEMONS DT ADOPTED MAY 214', 1955) -13- SECTION 4. REMOVAL OF DEPARTMENT AND DIVIS16M HEADS, ANY DIREC TOR OF A DEPARTMENT AND ANY DIVISION HEAD, WHETHER SPECOfICALLY PROVIDES IN THOS CHARTER OR BY ORDINANCE, MAY BE REMOVED BY THE CITY MANAGER, PRO- VIDED, HOWEVER, ANY SUCH REMOVAL SHALL BE CONSENTED TO BY RESOLUTION PASSED BY A MAJORITY OF THE MEMBERS OF THE COUNCIL BEFORE SUCH REMOVAL SHALL BECOME EFFECTIVE; AND ALL OTHER EMPLOYEES OF THE CITY WHOSE REMOVAL IS NOT OTHER- WISE PROVIDED IN THIS CHARTER MAY BE REMOVED BY THE CITY MANAGER, PROVIDED, HOWEVER, THAT ON THE CLASSIFIED SERVICE ANY REMOVAL SHALL BE SUBJECT TO THE CLASSIFIED SERVICE PROVISIONS OF THIS CHARTER. IN CASE OF THE REMOVAL OF A DIRECTOR OF A DEPARTMENT OR A DIVISION HEAD AFTER SOX MONTHS OF SERVICE, IF THE DIRECTOR OR THE DIVISION HEAD SO DEMANDS, A WRITTEN STATEMENT OF THE REASON FOR HIS REMOVAL SHALL BE MADE BY THE CITY MANAGER AND SUCH STATEMENT AND ANY WRITTEN REPLY THERETO OF THE DIRECTOR OF THE DIVISION HEAD SHALL BE FILED AS A PUBLIC RECORD IN THE OFFICE OF THE CITY SECRETARY. (AMENDMENT ADOPTED MAY 25, 1955 ARTICLE IV ADMINISTRATIVE DEPARTMENTS SECTION 1. ADMINISTRATIVE DEPARTMENTS. THERE SHALL BE AND THERE IS HEREBY ESTABLISHED THE FOLLOWING ADMINISTRATIVE DEPARTMENTS:. FINANCE DEPARTMENT; LEGAL DEPARTMENT; PUBLIC WORKS DEPARTMENT; PUBLIC UTILITIES DEPARTMENT; PUBLIC HEALTH DEPARTMENT; PUBLIC SAFETY DEPARTMENT; AND THERE SHALL BE SUCH OTHER ADMINISTRATIVE DEPARTMENTS AS MAY BE ESTABLISHED BY 11 ORDINANCE, WITH THE FUNCTIONS THEREOF BEING AS THEREON SPECIFIED. ALL AD-, MINISTRATIVE DEPARTMENTS SHALL BE UNDER THE CONTROL OF THE CITY MANAGER. . WITH THE EXCEPTION OF THE FINANCE DEPARTMENT AND THE LEGAL DEPARTMENT,.ANY OR ALL OF THE OTHER DEPARTMENTS ESTABLISHED BY THIS CHARTER OR ESTABLISHED BY ORDINANCE MAY BE BY THE COUNCIL BY ORDINANCE RENAMED,.CONSOLIDATED WITH ANOTHER DEPARTMENT, OR DISCONTINUED WITH THE FUNCTIONSTHEREOF BEONG'TRANS- FERRED OR ASSIGNED TO ANOTHER DEPARTMENT OR DEPARTMENTS, BUT PRIOR TO THE ENACTMENT OF AN ORDINANCE FOR THE RENAMING, CONSOLIDATION, OR DISCONTONUANCE OF ANY SUCH DEPARTMENT THE COUNCIL SHALL CONSIDER RECOMMENDATIONS OF THE CITY MANAGER WITH REGARD THERETO. THE COUNCOL BY ORDINANCE MAY CREATE, CHANGE, TRANSFER, OR ABOLISH OFFICERS IN ANY DEPARTMENT OTHER THAN THE OFFICES ESTABLISHED BY THIS CHARTER FOR THE FINANCE DEPARTMENT AND THE LEGAL DEPART= MENT; AND BY ORDINANCE MAY ASSIGN OR TRANSFER ADDITIONAL FUNCTIONS OR DUTIES TO OFFICES AND DEPARTMENTS, WITH THE EXCEPTION THAT THE COUNCIL MAY NOT ASSIGN OR TRANSFER TO ANY OTHER OFFICE OR DEPARTMENT ANY FUNCTION OR DUTY .ASSIGNED BY THIS CHARTER TO THE FINANCE DEPARTMENT OR TO THE LEGAL DEPARTMENT$:BUT PRIOR TO THE ENACTMENT OF AN ORDINANCE FOR ANY SUCH PURPOSE THE COUNCOL:. .SHALL CONSIDER RECOMMENDATIONS OF THE CITY MANAGER WITH REGARD. THERETO.,.: THE COUNCIL SHALL., IN COOPERATION WITH THE CITY MANAGER, FIX ALL SALARIES FOR. ALL OFFICERS AND EMPLOYEES OF ALL DEPARTMENTS; AND SALARIES OF EMPLOYEES IN THE CLASSIFIED SERVICE SHALL BE UNIFORM FOR EACH GRADE ESTABLISHED BV THE CIVIL SERVICE COMMISSION. (AMENDMENT ADOPTED MAY Ztp 1955) SECTION 2. DIRECTORS OF DEPARTMENTS (A) APPOINTMENT. A DIRECTOR FOR EACH OF THE ABOVE DEPARTMENTS MAY BE APPOINTED BY THE CITY MANAGER TO SERVE UNTIL REMOVED BY HIM% PROVIDES THAT UNTIL SUCH APPOINTMENT IS MADE* OR, (B) VACANCY. IN CASE OF 4 VACANCY IN THE OFFICE OF A DIRECTOR or ANY DEPARTMENT, THE CITY MANAGER SHALL ASSUME THE DIRECTORSHIP OF SAID DEPART- MENT UNTIL SUCH APPOINTMENT IS MADE OR THE VACANCY IS FILLED* ° (C) DEPARTMENTAL REGULATION. THE CITY MANAGER SHALL HAVE AUTHORITY TO PRESCRIBE RULES AND REGULATIONS GOVERNING THE COOPERATION OF EACH OF Tbw DEPARTMENTS AND EACH DIREtCTOR SHALL HAVE POWER TO PRESCRIBE RULES AND REGULA- TIONS, NOT INCONSISTENT WITH THIS CHARTER AMENDMENT,FOR THE CONDUCT OF NIS DEPARTMENT AND THE PRESERVATION OF RECORDS AND PROPERTY UNDER HIS CONTROL* ANS, WITH THE CONSENT OF THE CITY MANAGER HE MAY EMPLOY AND DISCHARGE THE PERSONIIEL OF HIS DEPARTMENT, SUBJECT TO THE CIVIL SERVICE RULES AND REGULATIONS FOR 9W PLOVEES IN THE CLASSIFIED SERVICE. AS NOW CONTAINED IN THE PRESENT CITY 'CHARTER; (0) AUTHORITY TO MANAGEiHIS DEPARTMENT. SUBJECT TO THE CONTROL AND SUPERVISION OF THE CITY MANAGER IN ALL MATTERS, THE DIRECTOR OF A DEPARTMENT SHALL MANAGE HIS DEPARTMENT. (AMENDMENT ADOPTED OCTOBER 9, 1945) SECTION 3. RESPONSIBILITY OF DEPARTMENT HEADS TO CITY MANAGER, THE DIRECTORS OF DEPARTMENTS APPOINTED BY THE CITY MANAGER SHALL BE IMMEDIATELY RESPONSIBLE TO THE CITY MANAGER FOR THE ADMINISTRATION OF THEIR DEPARTMENTS, AND THEIR ADVICE IN WRITING MAY BE REQUIRED BY HIM ON ALL MATTERS AFFECTING THEIR DEPARTMENTS. THEY SHALL PREPARE DEPARTMENTAL ESTIMATES WHICH SHALL Be OPEN TO PUBLIC INSPECTION AND THEY SHALL MAKE ALL THEIR REPORTS AND RECOMMENDA- TIONS CONCERNING THEIR DEPARTMENTS AT STATED INTERVALS OR WHEN REQUIRED BY THE CITY MANAGER. (AMENDMENT ADOPTED OCTOBER 9. 1945) SECTION 4. RIGHT OF CITY MANAGER TO ASSIGN DUTIES TO DIRECTORS OF DEPARTMENTS. THE CITY MANAGER SHALL HAVE THE RIGHT TO ASSIGN TO THE RES- PECTIVE OFFICERS AND DIRECTORS OF THE ADMINISTRATIVE DEPARTMENTS HEREBY CREAT- ED SUCH DUTIES AS HE MAY DEEM MOST ADVANTAGEOUS FOR THE EFFICIENT OPERATIC96 OF CITY AFFAIRS, EXCEPT AS DIRECTLY PROHIBITED BY THIS CHARTER AMENDMENT. IN { THE EVENT Of CONFLICT OF DUTIES OR JURISDICTION ARISING BETWEEN THE DEPART- MENTS OR EMPLOYEES THEREOF IN REGARD TO ANY ADMINISTRATIVE DETAIL THEREOF, THE `II SAME SHALL BE REFERRED TO THE CITY MANAGER AND HIS DECISION THEREON SHALL BE FINAL. (AMENDMENT ADOPTED OCTOBER 9, 1945) SECTION 5. BOND OF EMPLOYEES. THE CITY MANAGER MAY REQUIRE THAT ANY OFFICER OR EMPLOYEE OF THE ADMINISTRATIVE DEPARTMENTS OF THE CITY GIVE BOND, PAYABLE TO THE CITY OF CORPUS CHRISTI IN SUCH PENALTY AND WITH SUCH SE- CURITY AS THE CITY COUNCIL BY ORDINANCE MAY PRESCRIBE, CONDITIONED FOR THE FAITHFUL PERFORMANCE OF THEIR RESPECTIVE DUTIES, THE PREMIUM OF WHICH BOND SHALL BE PAID FROM THE PUBLIC FUNDS OF THE CITY. (AMENDMENT ADO►TED OCTOBER 9, 194'5 ) FINANCE DEPAR` TENT SECTION 6. DIRECTOR OF FINANCE. Tmc -DoaRECToDoR or FoNANccE I w&&L9 UNDER TNT DIRECTION AND CONTROL OF THE CITY-IANAGE[R9 HAVE CHARGE Of Tm DEPQBRTGOENT or F 8 MAMC[g W00 0 C00 SMALL INCLUDE THE ACCOUNT I NG9 TOREASC MVP rum= CNA41049 TAXATOON9 AND BUDGETING DIV030093o HE SHALL HAVE THE ADWONO97064 TOO" OF THE FINANCIAL AFrA 0 ORS OF THE CITY 0 N TIME VARIOUS OTPART09gMTO PLAC90 UN DEOR H I S CONTROLS AND SHALL PRESCRIBE TIME METHODS Of KE9PO N(ID9 AND THE SUPERVISION 079 ALL ACCOUNTS. HE SMALL HAV*X CONTROL COP THE CUSTODY DN(ID IDOSSURtE00(ENT Of COTY FUNDS AND MONEYSS ACCOIRDON9 TO ODORDONANC92 AND OREWLA- T I ONS of THE COUNCIL BY DIRECTION Of THE CITY MANAG EN g THE AS3j@SW9NT 4WD C(O LLTCT0OW OF SUCH TAXES9 0NCLUD0N(4 SPE(COAL ASStESSWENTSS As "AV ME LavoE® BY O MOD O NANC9 0 THE ISSUANCE Or - L 0 CEMSE3 AND COL ICT 0 ON OF LICENSE F(CES$ . AMD SOOAL& PERFORM SUCH OTHER DUTIES AS THE C 0 TY MANAGER MAY NjQq ORES @OR THE COUNCOL N4V 0ES0GNATOE BY O RDOMANCEo BEFORE ASSUMING THE our ES Or N0S OFFICE THE DORICTOR OF FINANCE SCALL EXECUTE A BOND WITH SOME IRESPONSOOs�L9 . 04401 CO NFANY9 ACCEPTABLE TO THE COUNC O L9 ON SUCH AMOUNT AS WAY BE %TQ 48d O N90 BY THE CO UNC 0 L9 CONDITIONED FOR THE FAITHFUL PERFORMANCE OF THE DUT093 Or N8S OB'PICE9 THE PREMIUM Or WHICH BOND SMALL ME PAID BY THE COTY or CORPUS CH R O ST O o (AMEND[ NT ADOPTED MAY 24; .1 1955) stECT o ®N 7, ACCOUNTS. THE D 0 OREcToA OF FINANCE SOOALL9 UNDER THE D ORECT I ON OF THE CITY HANASEOR9 ESTABLISH AND MAINTAIN AN ADMATE SYSTEM Of ACCOUNTING. IT SMALL BE HIS DUTY TO EXAMINE ON DETA 0 L ALL BO LLS9 ACCOUNTS. AND CLAIMS AGAINST THE CITY,, AND., Or POUND COARTC79 TO CEORT O (FY N 0 S APPROVAL' THEORtFOR; SUT9 IF FOUND I NCO RRECT9 HE SMALL RETURN THEN T® THE DEPARTMENT PRESENTING THE SA00E9 FOR CORRECTION. HE SMALL -KEEP CO00PPE00E�IS O�Q ACCOUNTS DP ALL RECEIPTS AND DLI SN D@RSEMENT3 OF XONCETp ANDS UNDER PRODP(EOR NZADON93 3EPAMATELY9 EACH SOURCE OF IR(ECEOPT AND THE CAUSE OF EACH DOSSURS(E=„ MINT. HE SHALL ALSO K EIEP AN ACCOUNT WITH EACH PEIRS®N9 I NCLU D O M& THE QTFO C EOR$a YHO HAVE HONEY TORANSACT OON3 WITH TME C I TY9 CREDITING, AMOUNTS ALLOWED MY PROPER AUTOOOOR I TY9 ANDD SPEC O (FY 0 NG TME TORANSACT O ON3 TO WHICH SUCH IEMY R O TS APPLY Or SMALL Alw<g® BE N 0 3 DUTY TO CXAM I NE ALL WARRANTS AND COUNTERS09N TOOI(E . aaWa AFTER A(PPROP R 0 AT O ON HAS BEEN -DULY MADE BY TONE COUNCIL TO PAY THE SAWS. H% SHALL ALSO A$CEORTAON WHETHER ANY EXPENDITURE WADE DOR PROPOSED T® (;RE GDA89Q BY THE CITY 0 S EXCIESSS D TES E I TPOEOR ON THE PRICE OF THE TOO 0-008 F U RCOOAS(EODS . Tool CO10 UTATOON OF THE C00AORGE9 ON OT00ERVOSES AND 0(F HE SMALL SO PONDS POT SHALL "ME A REPORT THEREON TO THE COTY MANAQZ R. (AMENDMENT ADOPTED MAY SECT o ON 8. CITY TREASURER AND CITY DEPOStTORY0 THE Cory HAnam 35G0Aad APPOINT A Cory YonEAsv(azIRgWHO HAY BE AN -OFF O CIEOR Oo' TDDE DEPOS 0 T�oeY GANK8 WHO SMALL PERFORM SUCH DUTIES AS THE CITY MaMAQxR MAY NZ(2MORIE ANDD SMALL 9RECE O VE FOR NOS SfE[RV O CIES THE SUN @DP F I voc DOLLARS PER aMMU . THE CITY MANAZEOR SNALL9 IMMEDIATELY AFTfEOR EACH (S 0 ENN I AL ZLCEfCT 0090 OF THE MA -VOR AND COM 8 33 0 ON(E0RS9 ADVEORT 0 SE ON THE OFFICIAL NEWSPAPER ran. TWO SUCCE33 o vE WEEKS F"OOR BIDS TOM M -C-O Ti° DEPOSITORY,,. WDQ OCR ADVERT 0 2THE%? S00ALL SPEC 0'FY THE TERMS ON WHICH 8003 W 0 LL BE 04'ECZ 0 V[ D9 0 NCLUD 0 N4 THE MAT! OF INTEREST ON DAILY BALANCES AND (DN LOANS SY' T00E DfEPOS I TORY TO ?H% CITY. HE SHALL ALSO MA 0 L TO EACH SANK IN THE CITY., WITH0N THREE DAYS AFTER TOOLS •: P D 0397. PMOOL D CG04 0 ODDdI or such A®VE0R7 o 9,zw Emr, A CODPY @1P 9Mcoo NOTICE. 'Twt oA x Of @P9N O M6 Of SAID 9029 SMALL It 9PZC 0 or O TDb ON ?N9 9A 0 ® ON root TENT" DAY 'AFTER 7Oo(E FORST DAY or SUCH ADVERT 09IEw(E(RIYD SUNDAYS AND Lau& NOL0®A l (EXCLUDE®p ALL tO D9 SMALL ®E OPENED AND [EXANOME® BY THE 0oOUNC0d AND C O VY MANA41N o AT 760CE NEXT REGULAR WEE7 0 K9 Of VH9 COOUNC O LD TNT C D YY "ADJAO¢UB AND C@UMCOL .960ALL PASS UPON 9AUD01 @102 AND SELECT A COTT DXPQ*OVORtD WHOCoo *HALL 99 UNDER THE DIRECT SUPIE(RW O 9 0 0H ®P THE Cory HAWA(G(E0R AND (<@1MNCo L o 66D(E Cory D( pos o 4amv SMALL IOD YE BOND FoP.. SUCH 9MA as WAY 99 - Oe03fE9COR0WEDD BY THE COUNCOLg COWDO7OGNEIDi FOR Yo0(E PA0TMOPUL. PEORPODOiMANCE OF 079 OUTOTS AND THAT 07 WOtL WELL AND 7RU&Y ACC@VNV FOR ALL MMTVO DIPO907GB WITH IT AND PAY OVER ALL 9ALA00CI S 4® ITS SUCCESSORS WHEN QMAL0P00o WOY00U00' SIXTY? DAYS AFTER 015 SELECTION AND THE APPROVAL OSP 079 %iOND9 ALL FUNDS ©LE- LOMSO 0(G 40 TMX COTT SMALL [DEE TfORAQnaFE RAEOD TO THE Cory DEPOSITORY g(ELCECY(EDDo FRO AND AFTER SAID TRANSFER ODP FUM DSD AND NOT ®OGPOD(R919 THE Cory ftna o lramv 91ga<DOM0 SMALL It 760E ®IDLY QUAL0OPOIEOD Cory REPO D1DAV FOR TWO YTAR`35 TWEORX- aFT9011 AND UNV 8 L. 0 VS SUCC(E99®OR Of @10DA L O P 0 lEBD o THE C#7V 09POSOVODRY **ALL RLECIOVE AND SECU NI&Y 63EED° AL1 9CECUMD- 4O(ES AND D+JOXEY9 UE?{EaONSONG 7O 760(E Co1TV AND NAME ALL PAV*twT9 of vwc %an ONLY upon WARRANTS 09 OORfDlEIR9 9 D OMED UNDER YORE %MAL OF YOOE Cory IV 7009 ®oQR(EmoR or Fo"amcm 0R,T%9 COTT MANA&(EOR AND BY YOOE COTY STCATTAMYP a% OUCH O7K9x O rr o C1EOR or V00(E COTT A9 WAY at ®E9 0 tNAVIE®IST vmz COMC O L$ PRO - VIDEO 40oAiT9 GOOD ofRbEA ON WARRANT SMALL ME PAODD ®17 41M1E COVY DT.P%*OV T 09Nt&T*X 07 SHOWS UPON OVS PACO; VMa'V 7601E CO?Y HAM406TA NAM ltDilfilD(EMED 04;,13 099UAmC[E A680 9TAi1E9 760IE PMoRPt9c FOR M6D 0 CK SANE GMA9 D 99ME(D o TWE COTT Duon o vomw 9ooAL{L (R(EN09% A FULL AND COOT R EC.Y OVAL EG,1LE NT 9 Or N DI R OA TM9 QF 0 Y9 ACC9 O P49 AM ®0 9- (> UR8EA0w~0049a 70 TNT COOT .MANAOTR AND TO(,r COUNCO La A4 TT00(E POOR9'ST OR%W6.arR 00[EIETi O NO OF THE COUNCIL ON EACH %OkTTM AND SMALL NAME OUCH A90 U Y 0 4OLALL 97AiTt- G9ENT CmO lam oma T 00% ACCOUNTS or 760E Cory A9 THE C o 4YP' NAMAnfiR 4tmT COUNCIL {Y+IQY? PORMN 4 0001E Y® 7 0 D0(E ARIE4M D a& o THE FUNDS MZ CZ o VE® My ANY CorV 0 C O ALL Or.`4m , Cory ONALL 91 DEPOSOV90 DGS 1100�0�E, (5)y OTT ®(EP@i9UT'OD(RV A9 HIRION P(R@?MO( 9P. (AG0THD(kIN7 ADOPTED MAY E5, 495 Sur o om .90 PURCHASES AND SUPP U ES o THE ®o o8[E6vom vP F o OJamu *=LL KA49 ALL PUNC60AST% FOR 799 CO?V 09 YOOE WAo NtA PRO UOSjCE(ID 9Y OADDOMOOCIE 4WD) 91MAU9 [V10> OMM OUCH 992MLAT O ONS A9 MY 09 rmew o OD[*® MY ®ORLA U %AIfi cm mt mEam MTT o ug g%LL ` ALL P(EAtSkAL POROP(EORYY Of TOT Cory NOT GO(bfEOTO FOR PUBLIC D *99 ODP+ VRAV aA4 "AUX 9xiim C1DMO;KWC D IT THE ®O ORIF( O R OF A OD IEPaMYNEM7 o HE SMALL HAVE CMA0 OF OUC Q0 - STOR(CROGNS AND a1ARCHOU9,[Es or 4001E COTT,, AND KEEP 9MC00 or P( RCDP(EORTO%*q 966 A9 TNT COUNCIL OWY MY "DONANCI PROVODEo SMP'PLOSS DRM44OM99 o0Y ANY 0TFA V- ta9i$604 OOAYi n ruag0 o 9U4(E® UPON ORasu o 9 o v iow PORDIi.{I TNT 940DORis MiiYv E% "Tm* C(NVROL so, bOOE COORI ms or F o o0Amcz o Tm% ®0 ma C'd m OF F o G9A(30C[E SMALLS war rummo 9(tOl amv 6908PQ . PL 0 009 4® 49V OD PAoRVMNI 6MLlE99 THERE At TO THE CATOO 4 OF SUCH (DtjPAI>;tiPoa( %r Am AVAO L"L9 APM0(lIaOROAVOOM SALANC T ON 9XC999 Or ALL UMPAODD OMLOQaVj6w9 arivrPOCog"I VA PAY FSM &VCDD OUPP& 0 90 PJNLQ99 m Cory B�amagxm @m@*)&oD cera qx4 D n LD�Ka[jn o Tm UR(E9P®g901�OL07DtE9 Sr Y66[E ®ORTCY0 4 ®P rO@6ANt([ UNDER 7000% S¢c,7oc(j( 6mv GOC 9x- 9ARC09EOD fOlV A PMOROhoOAlo0�Ji9 iJ(� vil 0!)(>D(Hf0o0Q41E® ®Y THE ®o'�gCgm r rtFOMM(�[Eg AND APFOON?- to IV 400ff C o jV KaNA(A& R o QAr»o1+ID "mv ADDOPiTrm MAY 15, 4955) -4 7a SECTION 10. TAX ASSESSOR AND COLLECTORo THERE awALL 69 UN THE DEPARTMENT OF FINANCE A DIVISION OF A33E386WZNTS9 LOC90019S AND TAX949 1700E OFFOCKIR ON CHANGE of THIS DOVIOOON TO 69 KNOWN AS THE TAN A64910M ANS CO(LUCTORD THE TAX ASSESSOR AND COLLECTOR SHALL BE REIPONSOIL9 F®R TNT A2s90809VT IN@ COLLECTION OF ALL TAXES AND ALL SPECIAL ASSEESBBM MTS M 0 TSD ST THE CO TT SOP CORPUS COOROSTI j SOOALL ®E R186FONSOSLE FOR THE O*3VANC9 OF ALL LOCENS9@ A%o T00T COLLECTION OF ALL FEES THEREFOR, AND SMALL 99 RES(PONSOOLE O?OR ALL Atilt THE DEPUTIES ON M03 OFF 0 CE � 00! OB 0 aV 0 S 0 ON a Txz TABS ASSESSOR iNO ' COL( ECTOt SMALL FAT OVER T® THE COTST TaREASBVRER ALL %*%EPS ® ONOONO TO TNT CO'TV CONN ONTO NO* HANDS FROM ANY *OUNCE WITHIN FORTTbCOONT HOURS AFTER SUCH MLMa"Sq TAKING DUPLICATE 9RFCEOFTS TWER9FOR9 ONE OF UN0000 WE SIOALL. *.TTAON &no TNt' OTHER *HALL ®E' FORTOOMOTN FILED BY 00000 WITH TRE DamccT®R iF FONi08c 1. -- CUP @OPS SMALL FAIL TO SO DIPOS 0 T ANY FUNDS WITH THE C 0 TT TREAEURER SST TOOT ENID OAF THE 39COND BANKING DAT AFTER COLLECTION HE AND THE SUR9TOCS' ON HIS ®®00D SMALL BE REQUIRED TO PAT INTEREST AT THE RATE OF Ttk FEB&. CROOT PER ANNUM ' 08NT 0 L' SOBCN DEPOSIT as MADE. THE TAX AROm®R AND COLLECTOR $NALL PERFORM SUCH DUTIES AS ARE ELSEWNEIE ON THIS CHARTER PRESCROICO'D AS WELL AS RVCN DUTIES AS MAY BE PRESCRIBED .BY TNT DIRECTOR -or FO-NANOE *% 7009 COTT NIAm."0000* Won Ass08M I wa OFFICE THE TAX ASS ESS®08 AND OLLECTOR @HILL • ft RCQUORED TO MAKE ®OND IN SOME RESPON30 BLE SURETY CONPANT ACCCF7ASL9 510 TR9 COUNCOL9 FOR SUCH AMOUNT AS THE COUNCIL MAS? FRESCRO®¢9 CONVOTOONTO POR TNT FAITHFUL FERFORMAI6cE OF THE DUTIES ®r THE OFFOC(Ev MBOOUN ON WN0.CN SONOl MLL BE PAID BY THE COT4T. THE COUNCOL HAST REQUIRE A NEW ON ADDITIONAL @@No AT ANY T -O ME THE EXISTING ®OND SMALL BE DEEMED O DOSUJI(rr O c 0 ENTo (Awtmo m AS®Io'O'ES MAY 2 1955 lmr.ET AND FISCAL ®PEHRATOOOS SECTION 11, FISCAL YEARo .... Ao (FOSCAL YEAR m AUGUST 1 TO JULY 31 ) : u rotcAi vue ®P T oOlt -COTS? SMALL SEG O N ON THE FIRST DASD OF d USUST ®F EACH STIAN AND @NALL ENO W07H TOOE'TNORTSTmFORST DAT OF JULY OF EACH iTEAR. S. (C OTT RAMER T®5 O T) ON TION SEC m wN®AT 0 N jVon w cA000 I -TITANq TN9 CITY MANAGER SNALL -990NOT TO THE CO0NCM A TNT OREnnuns ®F THE c 0 Tv AND THE EXPENSE OF CONDUCT 0 NS TOOT AVFAO RS 4000�OBO�OaU? 6�®I3 THE ENSWONO FOSCAL 9TEARo THIS LSTOMATL **ALL RE C@NPOL9v FORON 0NFO?�IRN&TOON 6STAO N&D FROM THE SEVERAL D O V 0 S 0 OOOS AND OFF0 cis 07M c O TT ®0/ NNIF02" SLINKS PWESCROSED AND FUNNOINED IT TOOT COTST "A08wER0 C. (BUDGET SSD TIED .n RE®U OREMENTS) THE CLASS o F o CAt o Oso 98T O MATE $HALL IBE AS NEARLY VW O F®06M AS POSt O SLE FOR THE "low F000OcT0 @OBQL DOW 0 S 0 ®068 OF IUCN DEPARTMENTS9 DIVISIONS AND OFF O CES# AND SMALL * O VZ ?HE FO&LOVO 001 0067@4- (1) IBAT.Q®BB8 (1) AN O TEM I EER [ST 0 MA7g ®F 400E EXPENSE or cowo00c40 RN EACH 59FWOSTo muirp coviso®Od9 ®FFocO AND co""OSso®00o (2p COMPARISON OF SUCH ESTIMATE* WITH TOOM C*4%9,@ POND 0 NO 0?a" @0? EBBFENOBOTNRE OF THE LAST TWO FOSCAL-flARSe AND WITH THE @F 51000E . *ART I CLE- 68,94'13; 689im14'.X, aD MVISION FOR CITY BUDGET. CURRENT FISCAL YEAR PLUS AN ESTONATE OF EXPENOOTURES NECESSARY TO CONPLCT9 THt CURRENT FISCAL YEAR. (3) REASONS FOR PROPOSED ONa3REASES OR OECREABES OF SUCH 019010 OP LXPENDOTURE COMPARED 000TH THE CURRENT FISCAL YEAR. (4) A SEPARATE SCHEDULE FOR EACH DEPARTM916T SHOWON4 TN[ THONGS NECESSARY FOR THE DEPARTNENT TO 00 0040064 700 YEAR AND WHICH OF ANY OtSORANL E THON49 04 OUGHT TO 00 OP POSSOOLE. r (S) ITCUS OF PAYROLL ONCREASES AS EOTNER ADDOTOONAL PAT TO P16Eo SENT ENPLOVCCZ OR PAY FOR NONE CNPLOYEES. (6) A STATENtNT FROM THE DIRECTOR OF iONAIQL'E OOT THE TOTAL Io*§A- OLt ONCONE OF THE CITY ►ROM TAX84 FOR THE PER OOD COV9499 BY TNOE 101OIwATC. (7) AN OTEMOZATOON Of ALL ANTOCOPATED ACVENUE FROM SOURCES OTHER THAN TAA LEVY. (0) TOM ANOUNT REOUORED FOR INTEREST 016 THE COTYOS DESTS* POR 901640014 LUNO AND FOR MATURING SERIAL BONDS. (9) TNt TOTAL AMOUNT OF OUTSTANDONS COTY DEBTS* VOTN A SCNEOULt Of MATURITIES ON 00ND ISSUES. (10) SUCH OTHER ONPORNATOON AS MAY BE *&*VOWED OY THE COUNCIL. (ANE1000E00T ADOPTED OCTOBER 9* 1945) 1 SECTION la. BUDGET ESTIMATE. EVERY DEPARTMENT OF THE CITY OOVEN16• NEXT NOT UNDER THE DIRECT CONTROL OF THE CITY MANA®ER* SHALL BY NOT LATER T00A16 TME FORST BAY OF JUNE OF EACH YEAR* FURNISH TO THE CITY MANA49R* FOR USE 016 TNt ►REPAMATION Of 006 RECOMMENDATIONS TO THE COUNCIL REGANDON4 INC ANNUAL BUDGET* A- OCTAOLED BUDGET ESTIMATE OF THE NECDS AND REQUIREMENT$ OF SUCH DCPA*TNENTS POR THE CONING YEAR. (AMENDNENT ADOPTED OCTOBER 9. 1440 SEa vosN 13. DEPARTMENT HEAD REPORTS* NOTICE AND HFARING AND ADOPT- ION Of BUDGET er COUNC9Ls I r I _ A. (DIF.PARTMOT HEAD TO FURNISH REPORT) Tots MEAD or EAGN Dt►ART- HENT* AS OCFON90 ON SECTOON 1 OF THIS CHARTER AMENOOKOT* $"ALL* NOT LATCR THAI! THE LAST DAY 4F MAY OF EVERY YEAR* MAKE A WRITTEN REPORT TO TNM CITY PAWASCR SHOMOMQ THE OPENATOONS of THE OCPARTNENT FOR THE CUNRCOYT FOISAL YEAR AND T06E ANTOGOPAT99 CXPENDOTURES FOR GWOCOT E COWES FOR THE 9010400!00 FOSCAL YCAR.70969 REPORTS SHALL Bt TRA"MATTED TO T009 COTY COUNCOL* TOSETNZR 40OTH TUC RESP94TOVE DLPART"COT 600E9TO0IOS NUONNtNOATOORB CONCtR000NG THE OOMONUT648 OR IIIA CASC 09, OEPARTMtNTAL ISTONRTES9 NOT LATER THAN THE $99000 NEBULAR N99TONS 00 JUVC W EVERY YEAR. v' 9 o Q CO JNC O L TO COMPLY WITH STATE LAWS AS TO NOT O CE AND KAR O **➢ Tme COTT COUNCIL SMALL THEREUPON FORRTNWVO TN COMPLY VOTM THE PRROV O S O OMRS OF TOME GENERAL LAWS of TEXAS CONCQRFNONG NOTICE ANO HEAORONG ON BUDGETS OF MUBNOCOPAL CORRPOORAT O ONS o Ce (ADOPTION SAY COUNCIL) AT TME CONCLUUISOON OF SUBCN MEANING THE CITY COUNCIL SMALL FORRTMWOT00 MEET AND REMAIN ON BESSOON UNTIL TNN SUUD49T FOR THE ENSUDONG FOSCAL TEARS. HAS BEEN ADOPTED* IF NO BUDGET HAS BEEN A®OPTEO 6EF®ORE THE FORST REGUJLAR MEETO NG OF THE COUNCIL ON AUGUST OF EACW ` CARD THEN TNN BUD- GET FOR THE PRECEDING FOSCAL YEAR SHALL BE RDECOERD THE BUDGET FOR THAT FISCAL TEARRo* �AWENRDMENT ADOPTED OCTOBER 9, 1945) SECTION 14a APPROPROATWN ORDINANCE, UPON AOOPTOON OF INC 6U v@CTD THE COTT COU9NC O L SHALL AT ONCE PREPARE AN APP3ROPRRO ATOON O RRDO NANCE AND FOX THE TAX LEVY FOR THE CURRENT TEARRO UPON THE PASSAGE OF THE APPBOPRRO ATO ORA ORDINANCE BY THE COUDNC O L OT SOOALLD BEFORE BECOMING LFFECT O VED BE PUBLISHED ONCE ON THE OFF O C O AL NEWSPAPER Or THE CO T`6'o (AOkmmENT ADOPTED OCTOBER 9D 1945 ) SECTION 15. APPRCPROATOON OF SuM FOR EACH DEPARTMENT, IT SMALL BE THE DUTY OF THE CITY COURNC 0 L TO APPRROPRRO ATE SUCH SUMS OF MONEY FOR EACOO DEPARTMENT OF THE COTT AS MAY HAVE BEEN PROVIDED 9N THE BUDGET TMC RtFORR OVAO N@ THE ENSUING FISCAL YEAR. THE CITY COU NC O L SMALL ALSO M9AXE SUCH APOPOROPRRO ATO OROS FOR CONTONGENT PURPOSESAS MAY -St CONTAINED ON THE CURRENT BU DGETo QA"IEMOOMEE"T ADOPTED OCTOBER r7D 1945 N SECTION 16. ONNCR—DCPARTMENTAL TRANSFER OF FUNDS. UPON THE wRROTTEN RECOMMENDATION OF THE COTT MANAGERRD THE COTT COUNCIL MAY AT ANY TIME TRANSFER THE UONONCUlMBERRE® BALANCE OF AN AP'PR'ROPRROATOON MADE FOR THE USE OF ONE ODEPAWYMENTD O O VR O S O ODN OR PURPOSED TO ANY OTHER ®EPARRTMOEKTD OD O V O S O OH ON PURPOSE' POROT O CE®D NOV- EVERRD THAT 010 BU8CH TRANSFER SMALL BE MADE OF REVENUES OR EAORN O NGS OF ANT MUNO- COPALLV04WED ASTO L O TVYD SUCH AS THE WATEOSD GAS OR SEWERAGE OEPARRTMEWTD TO ANY OTHER DEPARTMENT OR TO ANY OTHER PURPOSE UNLESS AND UNTIL THERE ORAS SEEN SET ARB 0 ODE OUT OF THE EARNINGS OF ANT SUCH UTILITY A SUFFICIENT AMOUNT OF CAPITAL OR FUNDS TO ASSURE THE PROPER MAO NTEMBANCE OF SUCH UDTO L 0 TO ES AND RREMOAS 0 LO TATO ON OF ANY AND ALL OF ITS FAC a LO TO Eso (AMENDMENT ADOPTED OCTOBER 9, 9 45 ) , ANTOCLOi 68'9Am93-TEA. REV. COV 6 STATUTE$ SETS OUT PRRovasoom FUDR CITY BUJ rgj To A COTT MANAGER TO SERVE AS BbOGET OFFOCERR 6 CHARTER PRROVY O S O ONS TO CONTROL ARTICLE 689A5o4-TExo REV6o COV. STATUTES — COTT MANAGER SMALL FoLE voTaa CITY SECRETARY AT LEAST 30 DAIS BEFORE COU9NC O L MAKES TAX LEVY. ARTICLE 689A -15 -Tex. REV, COVa STATUTES b SU D&ET HEARINGS -- (A) AT LEAST 15 CATS AFTLR BUDGET FILE® QRS➢ PUBLIC NOTOCE OF MEAReONG QRC— OU ORREO (C) BUDGET WVONEN AFPRkOTE® SHALL BE FOLEO WITH COTT SECACTARY (0) BU DIET HAT RBE AMENDED. o20® SECTION 17- RVENUE ON EXCESS OF TOTAL ESVVA= MOM. OF AT ANT TOM& THE TOTAL ACCR8INI REVENUE OF THE COTT SMALL BE 00 ElMb OF T00% TOTAL ESTIMATED INCOME THENREOV9 AS $97 FORTH 008 COMPLIANCE WOT80 S��C0�0N$06No� Q6) AONND (7) or SECTION 11 mcutlarg THE C®unm "AT FROM 4089E To 4089E APPROPRIATE SUCH EXCESS TO SUCH USES AS 680LL NOT COAfLOCT WITH ANY BUSES FOR WHICH 0R!$V9E8N68ER spECOrOCALLT ACCRUE. QAKENNODOENT ANDOPTES OCTOBER 9, 1945) SuToom 18o MONEY DRAW FROM CITY °REASURL K6 88088EYY SMALL RUE DRAWN FROM THE CITY `PREAS69RY?9 NNCYR $ HALL ANY GOLOGATO088 FOR TH9 E}EPrEND049RE *F MO NET BE O NeCUM RENDp EXCEPT 088 PURSUANCE OF APP'ROPRO ATO OWS, MACE BY THE COVNCO Lp AONNDp WHENEVER AN APPROPRIATION IS 30 MAID Ep THE COTT SECRETARY SMALL F49MO98O TOO GIVE NOTICE TO THE DIRECTOR or F000ANNCro AT THE CLOSE Of EACH FISCAL WEIR THE UNNONNC088N?BERED BALANCE OF EACH APPROPRIATION S38ALL REVERT TO 409E FUND FRO* 68NOC80 IT WAS APPROPRIATED. (AMENDMENT ADOPTED) OCTOBER 9, 1945) SECTION I g o ACCOV9NTt BSA O (IYIW NED FORA `SEMS Or APPROMATOONS MADE, ACCOUNTS SMALL BE KEPT FOR LAC09 O-I'E08 OF APIPgROPROATOON MADE BY THE COTT COUNCIL AND EVERY WARRANT ON THE CO-TYY TREASURY SMALL STATE SPECIFICALLY AtAONST WHICH OF SUCH ITEMS THE 68ANRORANOT 08 ODORAV%o EACH SUCH ACCOUNT SMALL SMOV ON ODETUL THE APPROPRIATIONS MADE THERETO BY TRE C®MWC 0 fop THE AMOUNT DRAWN TOOENRE0*.#p THE U*- PAOND ONDLOGATO04t CHARGED AGAINST OTp AND THE UNONCUNDEREOD BALANCE TO THE 60REODOT THEREOF. (AMENDMENT ADOPTED OCTOBER 99 *5) SECTION 20o CLAM. ' NO C,LA049 AGAON ST THE COTT SMALL 8N3C PAID UN - LEGS IT 08 EVS O UENeCEO 61 A VOUCHER APPROVED BY THE HEAD OF TOOE KlPAG1ff89C%T OR OFFICE FOR WHICH THE INDEBTEDNESS WAS O OCURRED" AND EACH SUCH V O RECrOX ON OFFICER AND HIS SURETY SMALL BE LOAOLE TO THE COTT FOR ALL LOSS OR DAMAGE SUSTAINED BY THE COTT NDT REASON OF NOS NEWEENT OR CC*RUP`O' APPROVAL -OF ART SUCH CLAO BBo THE DIRECTOR Of FINANCE SMALL LEAAOO NOE ALL F&T*OLL*p BOLLS AND @TOHEN CLAD MS AND DEMANDS AGAO N ST THE COTT AND T HALL O ISUE NO WARRANT FOR PATNENNT UNLESS HE FONDS THAT THE CLAIM 03 ON PROPER FOROD CORRECTLY? COMPUTED AND CULT APPROVED; THAT IT 03 JUSTLY AND LEGALLY DUE &NOD PATABLEj THAT &NN APPROPRIATION HAS SEEM MADE THEREFOR WHICH HAS NOT BEEN EXHAUSTED OR "AT TORE PA` NEONT HAS BEEN OTHERWISE LEGALLY AUTMOROEEDy AMD THAT THERE 03 WOWEV ON THE CITY? `REAN'URY? TO MAKE PATMENNTo HE MAY ONTESTOgATE ANY CLAD% AND FOR THAT PURPOSE 89AY? `Si6CUNOW BEFORE NOW ANY arreCERV AGENT ON PERSON AND CXk"dNdE MONK DANONA OATH ON ATFONB® NAT 0 ON1 RELAT O Vt THERETOp WHICH OATH OR AFFIRMATION HE NAT ADMINISTER, OF THE DIRECTOR OF Fo ewANCE O SSME D A WARRANT Om THE VREAkmm ABATOHm LO R¢8 rAi mc%T OF ANY ITCH FOR WHICH NO APPROPNRO ATO OMN HAS BEEN MANDIEp ON FOR TRE FAV REAT ©I>' WHICH THERE 03 NOT A SUFFICIENT BALANCE ON THC; PROPER OX RNHO000 IS OTHERWISE CONOTRART TO LAVE ON OORD O ONANCE9 FE AND NO $ SURETO E4 SMALL ME O BBDO T O DUALL Y LIABLE TO THE COTT FOR THE AMOUNT THLREGFo QA"ENEMENT ADOPTED VQT_ V , SECTION Vo CERTOMA` ION OF FUNUSo N®-COONTEACTp "8R1EJEmiwr 083 OTHER ONSL O GAT 0 00N O INBV OLVV O 0NG THE CIPE% D -o TU RE OF MONET SMALL RE ENTERED O NTOp NOR SMALL ANY ORDOMAONCEp RESOLUTOON OR CRZ R FOR THE LYPE8NIOTURE *F BNOWIET BE PASSED BY THE COUNCIL OR BE AN HORO FEND BY ANY Of F 0,CZA OF TODE C -O TT9 EXCf Fl ON THE CASE HEREINAFTER SPEC O O' 0 COV UNLESS THE DIRECTOR OF FINANCE FORST CERT.O F'? TO THE COUNNCOLp OR TO TORE PROPER arroCERg AA THE CAME MAT NEED THAT THE KONLEN OE[WORIED FOR SUCH CONTRACT# AGNREEMENUTp O9L32ATOO" OR EXPONDUTURE 08 ON TIDE —21— TREASURY TO THE CREDOT OF THE FUND FROM WHICH OT 03 TO BE DRAWN AND NOT APPROPRIATED FOR ANY OTHER PURPOSE, WHICH CERTOFOCATE SHALL BE POLED AND OMMEDOATELY RECORDED. THE SUM SO CERTOFOED SNALL NOT THEREAFTER BE CONSOOER- ED UNAPPROPRIATED UNTIL THE COTY IS OOSCHAROED FROM $HE CONTRALTO A434EEo HENT OR OBLIGATION. (AMENDMENT ADOPTED OCTOBER 9, 1945) SECTION 23. FUNDS IN TREASURY. ALL MONEYS ACTUALLY ON THE TREASURY TO THE CREDIT OF THE FUND FROM WHICH THEY ARE TO BE DRAWN, AND ALL MONEYS APPLICABLE TO THE PAYMENT OF THE OBLOGATOON OR APPROPROATOON INVOLVED THAT ARE ANTOCOPATED TO COME ONTO THE TREASURY BEFORE THE MATURITY OF SUCH CONTRACT, AGREEMENT OR OBLOGATOON, FROM TAXES, OR ASSESSMENTSo OR F"M SALES OF SERVICE PRODUCTS OR BY—PRODUCTS, OR FROM ANY CITY UNDERTAXONS, PEES, CHARGESo ACCOUNTS AND BOLLS RECEOVABLC, OR OTHER CREDITS ON PROCESS OF COLLECTION, AND ALL MONEYS APPLOCABLE TO THE PAYMENT OF SUCH OBLaGATOON OR APPROPRIATION, WHICH ARE TO BE PAID ONTO THE CITY TREASURY PRIOR TO TME MATURITY THEREOF, AROSONG FROM THE SALE OR LEASE OF LANDS OR OTHER PROPERTY, AND MONEYS TO BE DEROVED FROM LAWFULLY AUTHOROZED BONDS SOLD AND ON THE PROCESS OF DELIVERY, SHALL, FOR THE PURPOSE OF SUCH CERTOPOCATE, BE DEEMED IN THE TREASURY TO THE (CREDIT OF THE APPROPRIATE FUND AND SUBJECT TO SUCH CERTIFICATION. (AMENDMENT ADOPTED OCTOBER 9, 1945) SECTOON 23. OBLIGATION CONTRARY TO PRECEDING SECTIONS VOID. ALL CONTRACTS, AGREEMENTS OR OTHER OBLIGATIONS ENTERED ONTO, ALL ORDONAN4ES PASSED AND RESOLUTOONS AND ORDERS ADOPTED, CONTRARY TO THE PRECEDONG SECTOONS SHALL BE V0009 AND NO PERSON WHOMSOEVER SHALL HAVE ANY CLAIM OR DEMAND ACAONST THE CITY THEREUNDER, NOR SHALL THE COUNCIL OR ANY OFFOCER OF THE COTT WADVE OR QUALOFY THE LIMITS FOXED BY ANY ORDINANCE, RESOLUTOON'OR ORDER, AS PROVIDED ON SECTION 21 HEREOF, OR FASTEN UPON THE CITY ANY LOABOLITY WHATEVER ON EX- CESS OF SUCH LOMOTS, OR RELOEVE ANY PARTY FROM AN EXACT COMPLIANCE WITH HOS CONTRACT UNDER SUCH ORDOMANCE, RESOLUTION OR ORDER; PROVIDED, THAT TN/S SECTION SHALL NOT APPLY ON CASE OF PUBLOC DOSASTER CALLING FOR EXTRAORDINARY EMERGENCY EXPENDITURE. (AMENDMENT ADOPTED OCTOBER 9, 1945) SECTION 24. VOUCHERS. PROVOOED, THAT EACH AND EVERY EMPLOYEE OF THE CITY OF CORPUS CHROSTO SHALL BE PROD BY VOUCHER OSSUED ON HOS OR HER NAME; SAID VOUCHER SHALL STATE THE AMOUNT OF SALARY OR SUM DUE, AND FOR WHAT St*VOCE PERFORMED, WITH THE DATE AND TIME OF SAID SERVOCE, AND NO MONEY OR MONEYS SHALL BE PAID EXCEPT UPON PRESENTATOON OF SAID VOUCHER OR VOUCHERS ENDORSED BY THE .0AYEE; AND PROVIDED FURTHER, THAT ALL SUPPLIES, MATERIALS, OR OTHER TNUNFrS PURCHASED SHALL BE PAID FOR BY VOUCHER STATING THE CHARACTER OF SUCH SUPPLIES OR MATERIAL, THE DATE OF PURCHASE AND THE PRICE PAOD FOR SAME, AND ALL SUCH VOUCHERS SHALL BE FOLED WITH THE CITY SECRETARY, SUBJECT TO INSPECTION BY THE MAYOR OR CITY COUNCIL OR BOTH UPON DEMAND. (AMENDMENT ADOPTED NOVEM/ER 23, 1939) LEGAL DEPARTMENT SECTION 25. LEGAL DEPARTMENTo THERE SHALL BE A LEGAL DEPARTMCNTo THE HEAD OF WHOCH DEPARTMENT SHALL BE THE CITY ATTORNEY. THE COTT ATTORNEY SHALL BE A COMPETENT ATTORNEY WHO SHALL HAVE PRACTOCED LAOS ON THE STATE OF TEXAS FOR AT LEAST FIVE YEARS IMMEDIATELY PRECEDING HOS APPOINTMENT. THE COTT ao i i ATTORMGEY SMALL mE THE LEGAL ADVISOR OF -8 AND ATTORNEY FORD TMT COTYD 7009 COJNC I LD THE OF F I CIIASD THE IDZPAORTNEXTS9 THE C I Y 0 S 10NSD TME BOARDS AND COMOSSiIONES Or TKE COTYj AND ME SMALL REPRESENT TMZ COTT IN ALL LOTIOA- T 0 ®ND CONTROVERSIES* LEQAL PMOCZZD O M23 AND LEGAL MATTERS. HE SMALL, PARTICIPATE ON THE DRAFTING AND SMALL EITHER APPROVE COR FILE WITH TMT COUO000L MOS WRITTEN OBJECTIONS TO EVERY CRODONANCIE BEFORE 07 It ACTED OUOP*O IIY THE COUNC O L j AND Me SMALL EXAMO N(E ALL CONTRACTS AND IDOCUN{ENU 406 WM 0 COI THE CITY MAY HAVE AN O NTEROEST AND SMALL EITHER A1PPROV1E OR tF O La WITH THE CITY MANAGER MIS WRITTEN OBJECTIONS TMT RQTC WORT SUCH CONTRACT OR DOCUMENT 03 EXECUTED BY THE CITY, EVERY 00R®O NQNCDE BEFORE IT 03 ACTED UPON MY THE COUNCIL AND EVERY CONTRACT AND EVERY ®OCUKENT BEFORE IT 03 EXECUTED BY THE COTY SMALL ®EAR (1) THE LEGEND OVER THE WRITTEN 312NAT6UORE OF TME COTT ATTORNEY Or EITHER "APPROVED' OR '"WRITTEN OOJIECTOONS FILED", AS THE CASE WAY Be, AND (0 O ) THE ®ATC ON, WHICH SUCH LiECEND 05 SO AFFIXED BY THE COTT ATTOORNEY TO SUCK ORDINANCE., CONTRACT COR DOCUMENTS. ALL WRITTEN OSJ(ECT O ONS Or THE CITY ATTORNEY TO ANY ®ROS i NANCE SMALL BE PORSSERVIE® OBY THE CITY SECRETARY AND MAINTAINED BY HIM ON A SEPARATE FILE IN CNROWOL000 CAL DATE OIR®EIRD AND ALL SUCH C®JECTOONS SMALL IT AVAILABLE TO THE RMSLIC FOR EXANONAT0OiN ON THE O(FF O CE Of THE CITY SECRETARY. ALL WRITTEN OBJECTIONS OF TOOa CITY ATTORNEY TO ANY CONTRACT OR DOCUMENT SMALL BE PRESERVED ®Y TME CITY MANAQER AND MAINTAINED BY MOW IN A SEPARATE FILE I N CHRONCLOS 0 (CAL DATE O0RDE RD AND ALL SUCH OSJ'ECT I ONS SMALL SE AVAILABLE TO THE PUBLIC ram aX&w- INAT0ON ON THE CPTF0CE Of THE CITY MANAIER TMEIRE SHALL ®E SUCH ASS O STANT COTT ATTCRNaYS AS way sa POR®® Y I DID FOR BY THE COUNCIL; AND ALL POWERS AND DUTIES 000POSSO CN TMQ COTT ATTRDORNOEY MAY at EXERCISED AND PERFORMED BY ANY ASSISTANT CITY ATTORNEY UNDER HIS OD O OR(ECT I ON, SUCM ASS 0 S,TANT CITY ATTORNTYS SMALL BE L O CtEN9 0D TO PRACTICE LAW ON TMOE STATa of TxXASe AND SMALL BE NOWONAT(EO ®Y TMT CITY ATTORNEY AND SMALL BE APPOINTED BY TYE CITY MANAGER. (AWINDWENT AROPT92 MAY Zt�' 1955) t SECTION 26. ENECRCEMENT OF PENAL CROONARMS. Noicoe IT souLL %a IR"w000v 70 THE ATT&NIGOM OF THE CITE/ -ATTORNEY SY THE AFF00AVOTS OF 79A CACD08LC *CA- "Nso OR OTMI RW O SXfl THAT AMY S RANTZC Of A FRANCHISE ON P R OV OL 19 F01410 TN9 CITY HAS ®tEN GUILTY Or A ®REACH OF AMY CO%®OTOCX THENOE®G► GR HAS OTAOLOLOO• TO cCONPLY VOTH THS MATERIAL TERMS AND STOPPUULATOOGOS THIRE®ap IT SO40ALL ME NO# ODUTT TO ONVIESTUSATOE SUCH COMPPLAOXT AND REPORT THE (FACTS TO TOTE COTY C UNCOLo OF TME CITY CO UNCIL SMALL DEEM SUCH COMPLAINT WELL FCOUNOOECo TNN C O TY ATTORNEY SMALL CARRY CERT THE CCU ACC 0 L u S INSTRUCTIONS AMC ON THE EVENT T69E SAO* G RANT99 SMALL CONT 0 NODE ON DEFAULT, HE SHALL INSTITUTE SUD0T A®A 0 HST SVC* O RANT99 FOR A JUUDOWENT OF FORFEITURE OF SUCH F RANCM O SE 04 PR O Vf O LEGE AND ANY OTHER 0901 A®®OTOONAL JUUDSMEXT PROPER ON THE PREMISES. THE CITY ATTCRmaw *HALL S[t THAT ALL PENAL CAD)OMANCES OF TME CITY ARE IMPARTIALLY OENOTCORCEI10 (A01KNOO9CWT A®6pTED9 OCTCS IA 9P 1945). -23- SEtTOON 270 COLLECTION OF DELINQUENT TAXES. -N® CONTRACT SHALL EVER BE MADE FOR THE COLLECTION OF DELONQ6ENT TAXES, BUT SAME SMALL BE COLLECTED BY THE City ATTORNEY AND NO SPECIAL PEE SHALL BE PAID. N® CONTRACT FOR THE EMPLOYMENT OF PRIVATE COUNSEL SMALL BE MADE BY THE-COTY, EXCEPT UPON THE REQUEST ON WRITING Of THE COTY ATTORNEY STATING THE NECESSITY THEREFOR AND WITH THE CONSENT OF THE CITY MANAGER„ AND SUM EMPLOYMENT SMALL NOT BE A GENERAL RETAONER BUT ONLY FOR PROFESSIONAL SERVOCES ON SPECIFIC LITIGATION OR PARTICULAR MATTERS SET FORTY ON THE REQUEST FOR SUCH EMPLOYMENT. (AMEND- MENT ADOPTED OCTOBER 9, 1940. DEPARTMENT OF PUBLIC SAFETY SECTOON 28. TWO 'DIVISIONS; THE POLICE DIVISION AND THE FIRE DIVISION. THE DEPARTMENT OF PUBLIC SAFETY SMALL BE DIVIDED ONTO TWO DOVOSOONS; THE POLICE DOVOSOON AND THE FORE DOVOSOON. THE DIRECTOR OF THE DEPARTMENT OF PUBLOC SAFETY SHALL, UNDER THE DIRECTION AND CONTROL OF THE CITY MANAGER, HAVE CHARGE OF THE ADMINISTRATION OF THE POLICE AND FORE DIVISIONS AND THE EN- FORCEMENT OF ALL LAWS AND REGUMOONS RELATING THERETO. (AMENDMENT ADOPTED OCTOBER 9, 1945). SECTION 29. HEAD OF THE POLICE DIVISION. THa MEAD OF THE POLICE DOVOSION SMALL BE THE CHOEF OF POLICE. THE POLICE DIVOSOON SMALL BE COMPOSED OF THE CHOEF OF POLICE AND SUCH OTHER OFFICERS, PATROLMEN AND EMPLOYEES AS THE CITY MANAGER MAY DETERMINE. THE CHIEF OF POLICE SMALL APPOINT NOS OWN ASSOS- TANT FROM THE RANKS OF THE ORGANIZATION. THE CHOEF OF POLICE SMALL HAVE IMMEDIATE DORECTOON AND CONTROL OF THE POLICE DOVoS00N, SUBJECT TO THE SUPER- VISION OF THE CITY MANAGER, AND ALSO SUBJECT TO SUCH RULES, REGULATOONS AND ORDERS AS THE CITY MANAGER MAY PRESCROBE NOT UNCONSOSTENT WITH THE CROON- ANCES OF THE COTY, AND SHALL PROMULGATE ALL ORDERS, RULES AND REGULATIONS FOR THE GOVERNMENT OF THE POLICE FORCE. HE SMALL DEVOTE HOS ENTIRE TOME TO THE DISCHARGE OF BIOS OFFOCOAL DUTIES UNLESS GRANTED A WRITTEN LEAVE OF ABSENCE BY THE CITY MANAGER. HOS OFFOCE SMALL BE KEPT OPEN AT ALL HOURS, DAY AND NIGMT, AND EITHER ME OR HOS SUBORDINATES SHALL BE ON CONSTANT ATTENDANCE AT SUCH OFFICE. IN CASE OF THE DISABILITY OF THE CHOEF OF POLICE BY REASON OF SICKNESS, ASSENCE FROM THE CITY OR OTHER CAUSE, THE ASSISTANT CHIEF SHALL PERFORM THE DUTIES OF THE CHIEF OF POLICE, BUT HE SHALL RECEOVE NO ADDOTOONAL COMPENSATOON. (AMENDMENT ADOPTED OCTOBER 9, 1945). SECTION 30. LIST OF ELIGIBLES. THE MEMBERS OF THE POLICE DIVISION, OTHER THAN THE CHOEF OF POLOCE AND THE ASSOSTANT C40 EF, SHALL BE SELECTED FROM THE LOST OF ELOG'OBLES PREPARED 13Y THE C9VOL SERVICE COMMISSION, PROVIDED THAT ON CASE OF ROOT OR EMERGENCY THE CITY MANAGER, OR THE CHIEF OF POLICE, MAY APPOONT ADDITIONAL PATROLMEN AND OFFOCERS FOR TEMPORARY SERVOCE, WHO NEED NOT BE ON THE CLASSIFIED SERVOCE, EACH MEMBER OF TBE POLOCE DOVOSOON, BOTH RANK AND FILE, SHALL HAVE ISSUED TO MOM A WARRANT OF APPOINTMENT SIGNED BY THE CITY MANAGER ON WHICH THE DATE OF NOS APPOINTMENT SHALL BE STATED AND SUCH SHALL BE HOS COMMISSION. EACH MEMBER OF THE POLICE DOVOSOON SHALL, BEFORE ENTERING UPON MOS DUTIES, SUBSCRIBE TO AN OATH THAT HE WOLL FAOTNFULLY, WITHOUT FEAR OR FAVOR, PERFORM THE DUTIES OF NOS OFFICE, AND SUCH OATH SMALL 99 FILED AND PRESERVED WITH THE RECORDS OF SAID DOVOSOON, AND, ON ADDOTOON, THE SEVERAL OFFICERS OF SAID FORCE SHALL OF $O REQUIRED BY THE COUNCIL, GIVE BOD; ON SUCH PENALTY AND WITH SUCH SECURITY AS THE COUNCOL MAY BY ORDONANCE PREACROBE. (AMENDMENT ADOPTED OCTOBER 9, 1943). —24— SECTION 31. SPECIAL POLICE. NO PERSONS, EXCEPT AS OTHERWOSE PRO— VODED BY GENERAL LAW OR THE CHARTER, OR THE ORDINANCES PASSED ON PURSUANCE THEREOF, SHALL ACT AS SPECIAL POLICE OR SPECIAL DETECTIVE, EXCEPT UPON WRITTEN AUTHORITY FROM THE CITY MANAGER. SUCH AUTHORITY WHEN CONFERRED SHALL BE EXERCISED ONLY UNDER THE DORECTOON AND CONTROL OF THE CHOEF OF POLICE AILD FOR THE TOME SPECOFIED ON THE APPOONTMENT. (AMENDMENT ADOPTED OCTOBER 9, 1945). SECTION 32. POWER AND AUTHORITY. THE POLOCEMEN CONSTITUTING THE POLICE DOVOSOON OF THE COTY OF CORPUS CHROSTO SHALL BE, AND THEY ARE HEREBY, INVESTED WITH ALL THE POWER AND AUTHORITY GIVEN TO THEM AS PEACE OFFOCERS UNDER THE LAWS OF THE STATE OF TEXAS ON TAKONG COGNIZANCE bF, AND ON ENFORC- ING THE CRIMINAL LAWS OF THE STATE AND THE ORDONANCES AND REGULATIONS OF THE CITY WOTHON THE LOMOTS OF THE CITY, AND IT SHALL BE THE DUTY OF EACH SUCH POLOCEMAN TO USE NOS BEST ENDEAVORS TO PREVENT THE COMMOSSOON WOTHON THE CITY OF OFFENCES AGAONST THE LAWS OF SHOD STATE AND AGAONST THE ORDINANCES AND REGULATOONS OF SAID COTY; TO OBSERVE AND ENFORCE ALL SUCH LAWS, ORDONANCES AND REGULATOONS; TO DETECT AND ARREST OFFENDERS AGAINST THE SAME; TO PRESERVE THE GOOD ORDER OF THE COTY AND TO SECURE THE ONHA80TANTS THEREOF FROM VOOLENCE, AND THE PROPERTY THEREON FROM ONJURY. SUCH POLICEMEN SHALL EXECUTE ANY ORO - CONAL WARRANT OR WARRANTS OF ARREST, OR ANY WROT, SUBPOENA OR OTHER PROCESS THAT MAY BE PLACED ON THEOR HANDS BY THE DULY CONSTOTUTED AUTHORITIES OF THE COTY. NO POLOCEMAN SHALL RECEOVE ANY FEE OR OTHER COMPENSATOON FOR ANY SERVOCE RENDERED IN THE PERFORMANCE OF NOS DUTY OTHER THAN THE SALARY PAOD HIM BY THE COTY� NOR SHALL HE PECEOVE A FEE AS A WOTNESS IN ANY CASE ARISING UNDER THE CROMONAL LAWS OF THOS STATE OR UNDER THE ORDINANCES OR REGULATIONS OF THE CITY AND PROSECUTED ON THE COPPORATOON COURT OF THE COTV OR ON ANY CROMONAL COURT ON NUECES COUNTY. SUBJECT TO THE DIRECTOON OF THE CITY MANAGER, THE CHOEF OF POLICE SHALL HAVE CONTROL AND MANAGEMENT OF THE COTY JAOL AND ALL OTHER PLACES OF CONFONEMENT, AND THE ENFORCEMENT OF ALL REGULATIONS PERTAINING TO THE HUMANE CONTROL. (AMENDMENT ADOPTED OCTOBER 9, 1945). SECTION 33. UNIFORMS AND BADGES. THE CHIEF OF POLICE SHALL PRE— SCROBE THE UNOFORMS AND BADGES FOR THE MEMBERS OF THE POLICE FORCE AND DIRECT THE MANNER ON WHOCH THE MEMBERS OF THE POLOCE FORCE SHALL BE ARMED. ANY PER- SON OTHER THAN A MEMBER OF SAID FORCE WHO SHALL WEAR SUCH A UNIFORM OR BADGE At MAY BE PRESCROSED, AS AFORESAOD, SHALL BE SU84ECTED TO SUCH FONE AS MAY BE PRE— SCRIBED BY THE COUNCOL BY PROPER ORDINANCE. (AMENDMENT ADOPTED OCTOBER 9, 1955. SECTION 34. RIGHT TO SUSPEND. THE CHIEF OF POLICE SHALL HAVE THE ROGHT TO SUSPEND ANY OF THE OFFICERS OR EMPLOYEES WHO MAY BE UNDER HIS JUROS- DICTOON AND CONTROL FOR ONCOMPETENCE, NEGLECT OF DUTY, OMMORALOTY, DRUNKEN— NESS OR FAOLURE TO OBEY ORDERS COVEN BY THE PROPER AUTHORITY. OF ANY OFFOCER OR EMPLOYEE BE SUSPENDED, AS HEREON PROVIDED, THE CHOEF OF POLICE SHALL FORTH= WOTH COMPLY WITH CIVIL SERVICE RULES AND REGULATIONS OF THE PRESENT COTY CHARTER. (AMENDMENT ADOPTED OCTOBER 9, 'SECTION 35. FIRE CHIEF. THE HEAD OF THE FORE DIVos00b! SHALL BE THE FIRE CHOEF. HE SHALL BE AN EXPERIENCED FOREMAN. THE FORE Downs IO0/ SHALL BE COMPOSED OF THE FIRE CHIEF. THE FIRE MARSHAL AND SUCH OTHER OFFOCERS, FOREMEN AND EMPLOYEES AS THE CITY MANAGER MAY DETERMINE. THE FIRE MARSHAL SHALL BE APPOINTED BY THE CITY MANAGER AND SHALL PERFORM SUCH DUTOES AS ARE *STATE CIVIL SERVICE LAA! FOLICE DIVIZION . SEL AN -:CLQ oma° �g �°c Ua�snSo DELEGATED TO HON BY THE COTY MANASER AMD COTY COUNCOL. THE FORE CHOEF SHALL APPO aNT MUS OWN AEE OSTANfT OR ASS OSTANOTS FROM THE RANKS OF THE ORSANO ZATOON. THE MEOVERS OF THE FORE FORCE OTHER THAN THr FORE CHOEF AND 04U8 ASSOSTAMT OR ASSOSTANTS, SHALL BE APPOONTED FROM THE LOST OF EL060fSLES PREPARED ev THE COVOL SERVOCE COMMOSSOON, PROVODED, HOWEVER, THAT 04 EASE OF ROOT OR CONFLABRATOON OR EMERGENCY, THE DORE(CTOR Cf PUBLOC SAFETY OR THE FORE CHOEF MAY APPOONT ADDOTOONIA'L FOREMEN AND OFFOCERS FOR TEMPORARY SERVOCE WHO NEED NOT BE ON THE CLAISSOFOED SI:RVOCE. THE FRE COIOEF SMALL HAVE E8ACL4USaVE CON— TROL OF THE STATOONONa AMD TRANSFER OF ALL FOREMEN AND OTHER OFFOCER'S AND EMPLOYEES CONSTOTUTONS THE FORE FORCE, UNDER SUCH RULES AND REGULATOONS AS MAY BE ESTABLOSHED BY THE 09RErCTOR OF PUBLOC SAFETY TO UNOM THE FORE CHOEF SHALL BE OMMEDOATELY RESP09SOBLE, OR ACCORDONG TO THE ORDONANCES OF THE COTY. IN CASE OF THE ABSENCE OR DEATH OF THE CHOEF, THE FORST ASSUSTANT CHOEF SHALL ASSUME CHARGE OF THE DOVOSOON, BUT HE SHALL RECEOVE 00 ADDOTOONAL COMPENSAm TOON. (AMENDMENT ADOPTED OCTOBER 9, 1955). SECTOON 36. FIREMEN MINIMUM WAGES. FROM AN/D AFTZR TME EFFECTOYE DATE Of THOS AMENDMENT*THEORE OS HEREBY ESTABLOSHED ON THE FGRE Devos00N OF THE COTY OF CORPUS CHRBSTO, TEXAS, THE FOLLOVONG M4NOMU* SALARY RATES FOR TME R ESPECTOVE POSOTOONS DESUSN ATEDS TITLE APPRENTICE FIREMAN REGULAR FIREMAN REGULAR DR i V CR LIEUTENANT CAPTAIN DISTRICT CHIEF ASSISTANT CHIEF CHIEF CHIEF OPERATOR OPERATOR MECHANIC MECHANIC HELPER DRILL MASTER MINIMUM SALARY (MONTHLY) $225.00 23•.50 243.75 250.00 265.75 305,25 468.7 243.75 237.50 268.75 237.50 26e.75 PROVODED FURTHER THAT THE ABOVE ENUMERATED JOB CLASSOFOCATOONS ON THE FORE DEPARTMENT OF THE COTY OF CORPUS CHROSTO, lEbXAS, SHALL REMAON PERMANENT AND FORCED AS HEREON DE;SOBNATED, AND UNDER THE TOILE HEREON DESOGNIATEDO PROS VODED THAT LOISE OR SOMOLAR DUTOES FOR EACH ENUMERATED CLASSOFOCATOON AS WAS IREQtUORED BY THOS CHARTER, OROONAN6CE, OR RULE OR RESULATOON OF THE COTS' OF CORPUS CHR OS,T 4, TE%AS, AS OF JULY IST 1948 SMALL BE REGARDED AS THE STANDARD TO DETERMONE EACH RESPECTOVE CLASSOFOCATOON UNDER THOS dACT. PROVODED THAT THE ABOVE SHALL BE DEEMED A MONOMUM SALARY SCALE AND OS NOT CONSTRUED AS 00 ANYWOSE PLACOAG ANY LOMOTATOON UPON THIS COTY COaUNCOL In ONCREASONG THE COMPENSATBON OR MABSONIcG WHATEVER OTHER ADJUSTMENTS ON CONNEC- TOON BOTH ANY OF SHOD POSOTOONS AS T%EY MAY DEEM EXPEDDENT. *ADOPTED BY ®RD Q *AMCE NO. ZjO5 a% TBfz 77H DAY OF I► A ev 14- -26. ALL PROVISIONS OF THE CITY CHARTER OR ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH ARE HERE EXPRESSLY REPEALED. (AMENDMENT ADOPTED OCTOBER 91 1945). SECTION 374 RIGHT TO SUSPEND. THE FIRE CHIEF SHALL HAVE THE RIGHT TO $US- PEND'ANY OF THE OFFICERS OR EMPLOYEESWHOMAY BE UNDER HIS CONTROL AND MANAGE- MENT, FOR INCOMPETENCE, NEGLECT -OF DUTY, IMMORALITY, DRUNKENNESS OR FAILURE To OBEY ORDERS GIVEN BY THE-PROPER'AUTHORITY.'IF ANY OFFICER OR EMPLOYEE BE SUSPENDED AS'HEREI'N PROVIDED,THE FIRE CHIEF SHALL COMPLY WITHCIVILSERVICE PROVISIONS OF THE PRESENT CITY CHARTER. (AMENDMENT ADOPTED OCTOBER 91 1945). SECTION 38.' NUMBER OF PERSONS TO 8E -EMPLOYED. i THE DIRECTOR OF PUBLIC SAFETY 00 THE CITY MANAGER SHALL CLASSIFY THE FIRE SERVICE OF THE CITY IN, CONFORMITY WITH THE ORDINANCE OF THE COUNCIL CONCERNING THENUMBEROF PERSONS TO BE EMPLOYED THEREIN AND SHALL MAKE RULES FOR THE REGULATION AND DISCIPLINE . OF SUCH SERVICE. (AMENDMENT ADOPTED OCTOBER 9j. 194"'_-j ). SECTION 390DESTROYING OF BUILDINGS ON FIRE:WHEN ANY BUILDING'IN THE CITY IS ON FIRE, I . T SHALL -1 BE LAWFUL FOR THE DIRECTOR -OF PUBLIC SAFETY., OR THE FIRE CHIEF., WITH THE CONCURRENCE OF THE CITY MANAGER, OR IN HIS ABSENCE: TKAT OF THE MAYOR OR TWO OF THE COUNCILMENp TO DIRECT SUCH BUILDING OR ANY BUILD—',; ING$- TO BE'TORN 'D6WNv BLOWN UP OR DESTROYED, AND NO.ACTIN SHALL BE MAIN- TAINED I AGAINST ANY - PERSON OR I AGAINST THE CITY THEREFOR; BUT I ANY PERSON INTER- ESTED IN ANY BUILDING *So'DESTROYED OR INJURED MAY WITHIN. SIX MONTHSp AND NOT THEREAFTER,'APPLY IN WRITING TO THE COUNCIL TO ASSESS AND' -PAY THE DAMAGES HE MAY CLAIM TO HAVE SUSTAINED; -AND IF THE COUNCIL AND THE.ICLAIMANT CANNOT AGREE UPON THE TERMS OF_ADjUSTMENTj THEN THE _APPLICATION 'OF'SUCH CLAIMANT SHALL BE REFERRED FOR DECISION TO THREE -DISINTERESTED 'ARBITRATORS, ONE TO BE APPOINTED BY THE*CLAiMANf$ ONE BY THE COUNCIL AND THE THIRD BY BOTH ARBITRATORS SELECTED . AS AFORESAIDj,.AND-THE DECISION OF THE MAJORITY 'THEREON 'SHALL CONSTITUTE' THE. AWARD IN THE CASE. THE ARBITRATORS SHALL BE SWORN TO FAITHFULLY EXECUTE THEIR DUTIES ACCORDING TOTHEBEST OF THEIR ABILITY; SHALL HAVE POWER TO SUB - I POENA AND ADMINISTER OATHS TO WITNESSES; TO GIVE: ALL PARTIES A FAIR AND IM_ PARTIAL HEARING; AND GIVE REASONABLE NOTICE BEFOREHAND OF THE TIME AND PLACE OF THE HEARING, SAID ARBITRATORS SHALL BE QUALIFIED VOTERS AND OWNERS OF REAL I ESTATE WITHIN THE CITY. THEY SHALL TAKE INTO ACCOUNT THE PROISABILITY.As TO WHETHER THE SAID BUILDING WOULD HAVE BEEN DESTROYED BY FIRE IF IT HAD NOT' BEEN PULLED DOWN AND DESTROYED; THE LOSS OF INSURANCE UPON THE SAID PROPEhTyjq IF ANY, CAUSED By THE PULLING DOWN, BLOWING UP AND DESTROYING OF SUCH BUILD- ING, AND MAY REPORT THAT NO 'DAMAGES SHOULD 'EqUITABLE BE ALLOWED TO SUCH CLAIMANT.- WHENEVER SUCH REPORT APPRAISING SAID DAMAGES SMALL BE MADE AND FINALLY CONFIRMED BY . THE COUNCIL, A COMPLIANCE THEREWITH BY THE COUNCIL SHALL' BE DEEMED FULL SATISFACTION OF SAID DAMAGES. (AMENDMENT ADOPTED OCTOBER 9, 1945). SECTION 40. FIRE CHIEF AND'ASSISTANTS AUTHORIZED TO EXERCISE POWERS OF POLICE OFFICERS* 'Tn'FI.Re CHIEF AND HIS ASSISTANTS ARE AUTHORIZED TO EXERCISE THE POWERS OF POLICE OFFICERS WHILE GOING TO., ATTENDING OR RETURNING FROM., ANY FIRE OR ALARM OF *FIRE* THE FIRE CHIEF AND EACH OF HIS ASSISTANT ' 3p AND EACH AND EVERY MEMBER OF THE FIRE Divisiom SHALL HAVE ISSUED TO HIM A WARRANT OF APPOINTMENT AND SUCH WARRANT SHALL BE HIS COMMISSION. THE CHIEF OF -27- THE FORE DOVOSOON SHALL PRESCRIBE THE UNIFORM AND BADGES FOR THE MEMBERS OF THE FORE DOVISION.* (AMENDMENT ADOPTED OCTOBER 9, 1945). DEPARTMENT OF PUBLIC WORKS SECTION 41. DIRECTOR OF PUBLIC WORKS. THE DIRECTOR DF PUBLIC WORKS SHALL, UNDER THE DORECTION AND CONTROL OF THE CITY MANAGER, HAVE CHARGE OF 461E DE- PARTMENT OF PUBLIC WORKS WHOCH SHALL INCLUDE THE ENGONEERONG AND CONSTRUCTION DOVOSOON$ GARBAGE AND ONCONERATOON; STREET MAINTENANCE, CONSTRUCTOON ANO CLEANING; AND WHARVES AND POERS. BEFORE ENTERING UPON THE DUTIES OF HIS OFFOCE, HE SHALL BE REQUORED TO MAKE BOND IN SOME RESPONSOOLE SURETY COMPANY* ACCEPTABLE TO THE COUNCIL FOR SUCH AMOUNT AS THE COUNCIL MAY PRESCRIBE, CON® DITOONED FOR THE FAOTHFUL PERFORMANCE OF THE DUTIES OF HOS OFFOCE, THE PREMIUM OF WHOCH BOND SHALL BE PAID BY THE CITY. (AMENDMENT ADOPTED OCTOBER 99 1945). SECTION 42. THE HEAD OF THE ENGINEERING AND CONSTRUCTION DIVISION, THE HEAD OF THE ENGONEERING AND CONSTRUCTION DOVOSOON SHALL BE AN EN&ONEER, AT LEAST 30 YEARS OF AGE, LICENSED AS AN ENGONEER UNDER THE LAWS OF THE STATE OF TEXAS. HE SHALL BE APPOINTED BY THE CITY MANAGER AND BE RESPONSIBLE TO THE DIRECTOR AND THE COTY MANAGER FOR THE FAITHFUL PERFORMANCE OF HOS DUTIES, HE SHALL BE AN EX OFFICIO MEMBER OF THE COTY ZONUNG AND PLANNONG CONMOSSOON. HE SHALL BE THE CUSTODOAN OF, AND RESPONSIBLE FOR, ALL MAPS, PLANS*, PROFOLES, FILED NOTES AND OTHER RECORDS AND MEMORANDA BELONGING TO THE COTY PERTAINING TO HOS OFFOCE AND THE WORK THEREOF, AND WHOCH HE SHALL KEEP ON PROPER ORDER AND CONDOTOON, MOTH FULL INDEXES THEREOF AND SHALL TURN OVER THE SAME TO HIS SUCCESSOR WHO SHALL DOVE HUM DUPLOCATE NLCEOPTS THEREFOR, ONE OF WHOCH HE SHALL FILE WITH THE COTY CONTROLLER. ALL MAPS, PLANS, PROFOLES, FIELD NOTES, ESTIMATES AND OTHER MEMORANDA OF PROFESSOONAL WORK DONE BY HON OR UNDER NOS DORECTOON AND CONTROL, DURONG HOS TERM OF OFFICE, SHALL BE THE PROPERTY OF THE CITY. HE SHALL HAVE DIRECT SUPERVOSOON, AND CHARGE OF THE PLANNOIIO, OPEN - ONO, CONSTRUCTOON, PAVING, MAONTENANCE AND REPAOR OF ALL STREETS, BOULEVARDS, ALLEYS, SODEWALKS, AND PUSLOC WAYS, AND ALL OTHER PUBLOC IMPROVEMENT$ AND CONSTRUCTOON AND REPAOR OF WATER AND GAS POPE LONES, THE CORPORATOON YARD AND WAREHOUSE, AND THE CLEANING AND SPRONKLONG OF STREETS, ALSO THE CONSTRUCTOON, MAINTENANCE, REPAOR AND OPERATOON OF ALL PUBLOC SOJOLDINGS SELONGUNG TO, oft t USED BY THE COTY, OF THE INSPECTOON OF ALL BUOLDONGS AND THE OSSUONG OF PER= i MOTS FOR SUOLDONG OPERATIONS ON ACCORDANCE WITH THE RULES AND REGULATOONS WHICH MAY BE PRESCRIBED BY ORDONANCE OF THE COTY. HE SHALL HAVE CHARGE OF THE INSPECTOON OF ALL PLUMBING AND ELECTROC WIRING WOTHIN THE CITY AND $WALL ENFORCE THE RULES AND ORDONANCES OF THE CITY RESPECTONG THE SAME. HE SMALL RECEOVE SUCH COMPENSATION AS SHALL BE PRESCRIBED BY THE CITY MANAGER AND BEFORE ENTERONG UPON THE DUTIES OF HOS OFFICE, HE SHALL BE REQUIRED TO MAKE BOND IN SOME RESPONSIBLE SURETY COMPANY ACCEPTABLE TO THE COUNCOL FOR SUCH AMOUNT AS THE COUNCIL MAY PRESCRIBE CONDOTOONED UPON THE FAOTHFUL PERFORMANCE OF THE DUTIES OF HOS OFFICE, THE PREMOUM FOR SUCH BOND TO BE PAID BY THE COTY. (AMENDMENT ADOPTED OCTOBER 9, 1945) *FOOTNOTE TO SECS. 33 i 40 THE FORE DIVOSOON 05 FURTHER DOVOOED INTO TWO BRANCHES, FORE SUPPRESSION AND FORE PREVFNTOON, THE FIRE CHOEF SE8II6 HEAD OF BOTH BRANCHES, AND THE FIRE MARSHAL AS HEAD OF THE FIRE PREVENToow DOC18SOo* UNDER THE SUPERVISOON OF THE FIRE CHOEF. SEE ORDONANCE N0. 2678 AND SUi- SEQUENT ORDINANCES, CLASSIFYING AND RECLASSOFYONG POSOTOONS, CLASSIFICATIONS AND SO FORTH. SECToom' 43. -AUTOMOBILE MECHW 'SAND MACH'INISTS': THE DOIIIYCTOR or PusLoc WORKS SHALL HAVE CHARGE OF THE AUTOMOBILE MECHANICS AND MACHINISTS IN THE EMPLOY OF THE CITY AND THE ENFORCEMEiT OF ALL RULES ANO IIEGULATO®MS PERTAIN- ING THERETO. HE SHALL BE AN EX OFFICIO MEMBER OF THE COTY_ZOIIONII AND PLANNING BOARD AND THE PARK BOARD. HE SHALL HAVE CHARGE OF THE EXECUTION Or INE ORO/N• ANCES, CONTRACTS AND REGULATIONS OF THE CITY WITH REGARD TO THE DISPOSAL Or THE CITY0S GARBAGE AND THE OPERATION OF THE CITY INCINERATOR AND SHALL PERFORM SUCH OTHER DUTIES RELATING TO HIS DEPARTMENT AS MAY BE REQUIRE/ OF HIM BY THE CITY MANAGER OR BY CITY ORDINANCE. (AMENDMENT ADOPTED OCTOBER 90 1945). SECTION 44.'FURNISHING OF -SERVICE MOTHER DEPARTMENTS. IT SHALL BE THE DUTY OF THE DIRECTOR, SUBJECT TO THE APPROVAL OF THE CITY MANAGER, TO FURNISH TO ANY OTHER DEPARTMENT OF THE CITY SUCH SERVICES, LABOR AND MATERIALS AS MAY BE REQUISITIONED BY THE HEAD OF SUCH DEPARTMENT. THE EXPENSE OF SMCH SERVOCEo LABOR AND MATERIALS SHALL BE CHARGED TO THE DEPARTMENT SO FURNISHED' AT ACTUAL COST. (AMENDMENT ADOPTED OCTOBER 9, 1945). DEPARTMENT OF PUBLIC HEALTH SECTION 45. TWO DIVISIONS, THE HEALTH DIVISION AND THE WELFARE DIVISION. THE DEPARTMENT OF PUBLIC HEALTH SHALL BE DIVIDED ONTO TWO DIVO- BIONS, THE HEALTH DIVISION AND THE WELFARE DIVISION. THE HEALTH DIVISION SHALL INCLUDE THE SANITATION OF THE PARKS AND RECREATION FACILITIES AND THE PUBLIC BUILDINGS, THE CITY HOSPITALS AND THE VENEREAL DISEASE CLINIC. THE DIRECTOR OF PUBi.ic HEALTH SHALL, UNDER THE DIRECTION AND CONTROL Or THE CITY MANAGER, HAVE CHARGE OF THE ADMINISTRATION OF THE PUBLIC HEALTH AND WELFARE DIVISIONS AND THE ENFORCEMENT OF ALL LAWS AND REGULATIONS RELATING TNtRETO: (AMENDMENT ADOPTED OCTOBER 9, 1945) '- SECTION 46. DIRECTOR OF PUBLIC HEALTH. THE DIRECTOR OF PUBLIC HEALTH SHALL HAVE CHARGE AND CONTROL OF THE WORK OF PROTECTING AND PRESERVING THE PUBLIC HEALTH. HE SHALL HAVrL•:SUPERVISDON AND CONTROL OF ALL FREE CLINICS AND HOSPOTALS OPERATED EXCLUSIVELY BY THE CITY. (AMENDMENT ADOPTED OCTOBER 9, 1945).. SECTION 47. DUTIES AND QUALIFICATIONS OF DIRECTOR OF PUBLIC HEALTH. THE DIRECTOR OF PUBLIC HEALTH SHALL BE A LICENSED PHYSICIAN OR GRADUATE OF A RECOGNIZED SCHOOL OF PUBLIC HEALTH. HE SHALL ENFORCE THE LAWS OF THE STATE, THE PROVISIONS OF THE CITY CHARTER AND AMENDMENTS THERETO AND ALL ORDINANCES RELATING TO PUBLIC HEALTH, AND SHALL MAKE RULES AND REGULATIONS FOR PRESERV® ONG AND PROMOTING THE PUBLIC HEALTH. HE SHALL, FROM TOME TO TOME DIRECT ON- SPECTOON OF EVERY PART OF THE.COTY AND ITS ENVORONS WITH A VIEW OF MAINTAINING SANITARY CONDITIONS, AND FOR SUCH PURPOSE MAY ENTER ON THE DAYTIME ANY PUBLIC BUILDING OR PREMISES, AND MAY ENTER PRIVATE BUILDINGS OR PREMISES WITHIN THE CITY AFTER REASONABLE NOTICE TO THE OWNER OR OCCUPANT THEREOF. HE SHALL ON - SPECT DAIRIES, MILK, MEAT AND ALL FOODS KEPT AND OFFERED FOR SALE TO THE PUBLIC, AND ALL WATER SUPPLIES, AND SHALL ENFORCE THE PURE FOOD LAWS.' HE SMALL INSPECT ALL COMMODITIES INTENDED FOR HUMAN CONSUMPTION, AND THE PRODUC® TOOK, STORAGE AND SALES THEREOF, ONCLUDONG THE SANITARY CONDITIONS AND CLEAN- LINESS Or ALL PLACES AND PREMISES WHEREIN THE SAME ARE PRODUCED, KEPT OR OFFERED FOR SALE AND INCLUDING THE HEALTHFULNESS, CLEANLINESS AND SANITATION OF ALL METHODS, PRACTICES, PERSONS AND THONGS RELATING THERETO; AND HE MAY IN THE MANNER PROVIDED BY ORDINANCE CONDEMN ALL SUCH COMMODITIES FOUND UNFIT FOR HUMAN CONSUMPTION AND DIRECT THE DISPOSITION THEREOF. HE SMALL ONo VESTIGATE AND TAKE MEASURES, INCLUDING THE EXERCOSE OF THE POWER OF QUARAN- TONE AND DETENTION, TO PREVENT THE DEVELOPMENT AND SPREADONS OF CONTAGIOUS DISEASES, AND, OF NECESSARY TO THE PUBLIC HEALTH AND SAFETY, MAY ORDER THE DESTRUCTION OF ANIMALS SUFFERING FROM ANY CONTAGIOUS OR INFECTIOUS DOSEASt AND MAY DISINFECT OR ORDER*DESTROVED SUILOONGS WITHIN WHICH THEY HAVE BEEN SICK WITH ANY SUCH DISEASE. NE SHALL REGULATE THE SANOTARY CONDOTOOM OF ALL MORGUES, CEMETERIES, CREMATORIES AND BURIAL PLACES WOTHON THE LOMOTS OF THE CITY• AND THE DISPOSITION OF THE DEAD BODGES OF PERSONS OR ANOMALG. Ht SHALL PROVIDE FOR, AND REQUIRE, THE REGOSTRAT60N OF BIRTHS AND DEATHS OCCORRONG WITHON THE CITY. HE SHALL PERFORM SUCA OTHER DUTIES AND POSSESS SUCH POWERS AS SHALL BE PRESCRIBED BY COTY ORDINANCE. (AMENDMENT ADOPTED OCTOBER 9, 1945) SECTION 48. POWER TO CONTROL DISEASE AND DISTRESS. WHENEVER IT SHALL COME TO THE KNOWLEDGE OF THE DIRECTOR OF PUBLOC HEALTH THAT ANY MALIG- NANT, INFECTIOUS OR CONTAGIOUS DISEASE OR EPIDEMIC IS PREVALENT ON THE CITY OR PROBABLY WILL BECOME S09 OR IN CASE PUBLIC CALAMOTY AROSONG BY REASON OF FLOOD, HURRICANE, TORNADO, OR FORE OR OTHER DOSASTER, HE SHALL HAVE THE ►OWER TO TAKE ALL STEPS AND USE ALL MEASURES NECESSARY TO AVOOD, SUPPRESS OR MITIGATE SUCH DISEASE AND RELIEVE DISTRESS CAUSED BY FLOOD OR RESULTONG FROM TORNADO, HURRICANE, FIRE OR OTHER DISASTER. (AMENDMENT ADOPTED OCTOBER 9, 1945) SECTION 49. POWERS TO REMOVE HEALTH NUISANCES. THE DORECTOR OF PUBLIC HEALTH SHALL HAVE POWER, WHENEVER IN HOS OPINION A NUOSANCE DETRIMENTAL TO HEALTH EXISTS, TO CAUSE THE SAME TO BE ABATED OR REMOVED. (AMENDMENT ADOPTED OCTOBER 9, 1945) SECTION 50. POWER TO ARREST. THE DIRECTOR OF PUBLIC HEALTH AND OTHER REGULARLY APPOINTED EMPLOYEES OF SAID DEPARTMENT SHALL HAVE THE RIGHT AND POWER TO ARREST ANY PERSON OR PERSONS WHO MAY VIOLATE ANY ORDONANCF 08 GENERAL LAW RELATONG TO THE MAONTENANCE OF THE PUBLIC HEALTH AND SANOTAT/ON OF THE CITY. THEY SHALL HAVE AUTHORITY TO ADMINISTER OATHS AND TO REQUORE THE GOVONG OF SWORN TESTIMONY ON MATTERS CONNECTED WITH THE DEPARTMENT OF PUBLOC HEALTH. (AMENDMENT ADOPTED OCTOBER 9, 1945). SECToON 51. MONTHLY REPORTS. THE DIRECTOR OF PUBLIC HEALTH SHALL MAKE MONTHLY REPORTS TO THE CITY MANAGER AND TO THE COTY COUNCIL, AND MAY AT ANY TOME BE REQUIRED EITHER BY THE CITY COUNCOL OR THE COTY MANAGER, TO MAKE SPECOAL REPORTS CONCERNONG THE HEALTH AND SANOTATOON OF THE CITY, WOTN HIS OSSERVATOONS AND RECOMMENDATIONS THEREON, TOGETHER WITH ALL STATOSTOCS CONCERNONG THE DEPARTMENT. (AMENDMENT ADOPTED OCTOBER 9, 1945) SECTION 52. BOND REQUIREMENT OF DIRECTOR. THE DIRECTOR OF PUBLOC HEALTH SHALL BE REQUIRED TO MAKE BOND ON SOME RESPONSOBLE SURETY COMPANY, ACCEPTABLE TO TME COUNCIL FOR SUCH AMOUNTS AS THE COUNCOL MAY PRESCRIBE, CONDITIONED FOR TME FAITHFUL PERFORMANCE OF THE DUTIES OF NOS OFFOCE, THE PREMOUM OF WHOCH BONG SHALL BE PACO BY THE COTY. (AMENDMENT ADOPTED OCTOBER 9. 1945 ) -30- SECTION 53. APPROPRIATION OF FUNDS. THE CITY NANAGER SHALL MAKC ADEQUATE PROVISION IN EACH ANNUAL APPROPRIATION FOR THE SETTING APART OF A SUFFICIENT FUND TO ENABLE THIS DEPARTMENT TO FUNCTION EFFICIENTLY. (AMEND- MENT ADOPTED OCTOBER 9, 1943). SECTION 54. QUALIFICATIONS OF WELFARE DIVISION HEAD. THE HEAD of THE WELFARE DIVISION SHALL BE A PERSON TRAINED AND EXPERIENCED IN PUBLIC WELFARE WORK. THE WELFARE DIVISION SHALL CONSIST OF SUCH SUBDIVISIONS AS MAY BE CREATED BY ORDINANCE. SAID DIVISION SHALL HAVE CHARGE AND SUPERVISION OF ALL PUBLIC CHARITIES Of THE CITY AND ALL CORRECTIONAL WORK IN CONNECTION WITH THE JAIL AND HOSPITALS. (AMENDMENT ADOPTED OCTOBER 9, 1945) SECTION 55. BOND REQUIREMENT OF WELFARE DIVISION HEAD, THE HEAD OF THE WELFARE DIVISION SHALL BE REQUIRED TO MAKE BOND IN SOME RESPONSIBLE SURETY COMPANY, ACCEPTABLE TO THE COUNCIL, FOR SUCH AMOUNT AS THE COUNCIL MAY PRESCRIBE, CONDITIONED FOR THE FAITHFUL PERFORMANCE OF THE DUTIES Of SAID OFFICE, THE PREMIUM OF WHICH BOND SHALL BE PAID BY THE CITY. (AMENDMENT` ADOPTED OCTOBER 9, 1945) SECTION 56. POWER TO ENFORCE PUBLIC HEALTH ORDINANCES. THE DIRECTOR OF PUBLIC HEALTH SHALL ENFORCE ALL ORDINANCES REGULATING PUBLIC AMUSEMENTS AND RECREATIONS OF ALL KINDS, WHETHER PUBLICLY OR PRIVATELY OPERATED, INCLUDING DANCE HALLS, OR PLACES WHERE PUBLIC DANCING IS PERMITTED, THEATRES, MOVING PICTURE SHOWS, AMUSEMENT PARKS, CABARETS AND ALL OTHER PLACES OF PUBLIC AMUSEMENT AND RECREATION NOT HEREON ENUMERATED. SAID DIR- ECTOR OF PUBLIC HEALTH SHALL HAVE CHARGE OF THE OPERATION Of PUBLIC PLAY GROUNDS, BATHING BEACHES, SWIMMING POOLS, WADONG POOLS, GROUND OR BUOLDINGS FOR GAMES OR SPORTS AND OTHER RECREATIONAL FACILITIES, BUT SHALL HAVE NO SUPERVISION OVER SCHOOL GROUNDS. WHEN SUCH RECREATIONAL GROUNDS ARE ON PROPERTY CONTROLLED BY THE PARK BOARD, SUCH OPERATION SHALL BE SUBJECT TO RULES AND REGULATIONS OF THE PARK BOARD CONCERNING SUCH USE. (AMENDMENT ADOPTED OCTOBER 9, 1945) DEPARTMENT OF PUBLIC UTILITIES SECTION 57. SUPERVISION OF PUBLIC UTILITIES. THE DIRECTOR OF PUB- LIC UTILITIES SHALL, UNDER THE DIRECTION AND CONTROL OF THE CITY MANAGER, HAVE CHARGE OF, AND GENERAL SUPERVISION OVER, ALL PUBLIC UTOLOTOES OPERATED WITHIN THE CITY, INCLUDING THE CITY OWNED WATER, GAS AND SEWERAGE SYSTEMS, ALSO ALL AIRPORTS AND AIRPORT FACILITIES. (AMENDMENT ADOPTED OCTOBER 9. 1945). SECTION 58. APPOINTMENT AND QUALIFICATIONS OF SUPERINTENDENT. THE WATER AND GAS AND SEWERAGE SYSTEMS, MAINS, FILTRATION PLANTS, RESERVOORS AND OTHER FACILITIES DIRECTLY CONNECTED THEREWITH, AND ALL PLANTS, PROPERTIES AND APPLIANCES INCIDENT TO OR CONNECTED WITH, THE OPERATION Of THE COTV WATER AND GAS AND SEWERAGE SYSTEMS OR ANY EXTENSION THEREOF, SHALL BE OPERATED BY A SUPERINTENDENT THEREOF. NO ONE SHALL BE APPOONTED SUPERINTENDENT WHO HAS NOT HAD AT LEAST TWO YEARS PREVIOUS EXPERIENCE ON THE OPERATOGN OR MAMAGE- MENT OF A LIKE DEPARTMENT IN A CITY SIMILAR IN S12E OR GRADE TO CORPUS CHROSTI, PROVIDED A PERSON OF SUCH QUALIFICATIONS SHALL BE AVAILABLE, AND, Or NOT, ®3�m SONE COMPETENT AND EXPERIENCED MECHANICAL OR COVOL ENGONEER WHO HAS HAD TRAINING AND EXPERIENCE FITTING HIM FOR THE OPERATION OF A DEPARTMENT OF THIS CHARACTER. (AMENDMENT ADOPTED OCTOBER 99 1945' SECTION 69. DUTIES OF DIRECTOR. IT SHALL BE THE DUTY OF THE DOR• ECTOR Of PUBLIC UTILITIES TO MAKE SUCH REPORTS AND RECOMMENDATIONS TO THE CITY MANAGER RELATING TO THE VARIOUS DIVISIONS Of HOS DEPARTMENT CONCERNONG THE CONDUCT AND OPERATION THEREOF AT SUCH TOMES AS HE MAY DEEM NECESSARY OR THE CITY MANAGER MAY REQUIRE. (AMENDMENT ADOPTED OCTOBER 9, 1945' SECTION 60. POWER OF DIRECTOR 10 ENFORCE RULES. THE DIRECTOR of PUBLIC UTILITIES SHALL ENFORCE ALL RULES AND REGULATIONS OF HIS DEPARTMENT AND SHALL REQUIRE EFFICIENCY OF PUBLIC SERVICE AND REQUIRE ALL PERSONS OR CORPORATIONS TO DISCHARGE THE DUTIES AND UNDERTAKINGS FOR THE PERFORMANCE OF WHICH THE RESPECTIVE FRANCHISES WERE MADE, AND PERFORM SUCH OTHER DUTIES AS MAY BE DELEGATED TO MOM BY THE CITY MANAGER AND THE CITY COUNCIL. (AMEND- MENT ADOPTED OCTOBER 9, 1945) SECTION 61. POWER TO ACQUIRE AIRPORT PROPERTY. THE CITY of CORPUS CHRISTI SHALL HAVE POWER TO ACQUIRE OR OWN, WITHIN OR WOTHOUT THE COTY Of CORPUS CHRISTI, EITHER BY PURCHASE, DONATION, REQUEST, EMINENT DOMAIN OR OTHERWOSE, ALL PROPERTY THAT MAY BE NECESSARY FOR THE PURPOSE OF ESTASLISH1116, MAINTAINING AND OPERATING AN AIRPORT OR AORPORTS AND LANDING FIELD OR LAND- ING FIELDS, RAD00 SEAMS, BEACONS, AND OTHER APPARATUS AND FACILITOES ONCO- DENT AND NECESSARY THERETO, AND TO PROVIDE FOR THE ACCOMODATOON Of UNOTED STATES MAIL PLANES AND OTHER AERIAL MACHONES9 AND TO MAKE SUITABLE CHARGES THEREFOR. THE OWNERSHIP, MAINTENANCE AND OPERATION Of SUCH AIRPORT AND LANDING FIELD SHALL BE DEEMED A MUNICIPAL PURPOSE, AND THE COTT SHALL PASS SUITABLE ORDINANCES PROVIDING FOR FEES TO BE CCLLECTED AND OTHER CHARGES TO OE MADE IN THE OPERATION OF SUCH AIRPORT AND FOELD9 AND SHALL HAVE FULL I AUTHORITY THEREOVER. THE CITY MANAGER SHALL HAVE THE AUTHOROTY TO APPOINT AN AIRPORT MANAGER AND HIS ASSISTANTS AND TO MAKE SUCH RULES AND REGULATIONS FOR THE OPERATION Of THE AIRPORT AS HE MAY DEEM PROPER AND NECESSARY. G (AMEND• I MENT ADOPTED OCTOBER 9, 1945)* SECTION 62. FINANCIAL STATEMENT OF GRANTEE. THE COTY MANAGER IS AUTHORIZED TO REQUIRE ANY GRANTEE Of A FRANCHISE FROM THE CITY TO FURNISH UNDER OATH OF THE GRANTEE OR A DULY AUTHORIZED AGENT NOT LATER THAN THE 1ST DAY Of MARCH Of EACH YEAR AN ANNUAL REPORT ON WROTONa Of ITS OPERATING REVENUES AND EXPENSES, ITS FINANCIAL CONDOTOON, AND THE VALUE Of ITS PRO- PERTY ON THE LAST DAY Of THE PRECEDING CALENDAR YEAR, ON SUCH FORM AND CONTAINING SUCH DATA AS MAY BE PRESCRIBED BY THE DORECTOR Of ►UBLOC UTILI• TIES; PROVIDED, HOWEVER9 THAT SUCH REPORTS AND THE RESULTS OF THE EXAMONA- TION OF BOOKS,„PAPERS, ACCOUNTS, ONVENTOROES AND PHYSICAL PROPERTOES OF SUCH GRANTEE SHALL NEVER BE USED BY ANY DEPARTMENT OF THE CITY GOVERNMENT, EX- CEPT THE DEPARTMENT Of PUBLIC UTILITIES AND THE COUNCOL ON THE PROPER RELATION TO THE REGULATION OF THE RATES AND SERVOCE OF SUCH GRANTEE9 AND SHALL NLVER BE MADE AVAILABLE TO ANYONE ELSE FOR ANY PURPOSE WHATSOEVER9 j AND PROVIDED FURTHER THAT NO ORDINANCE SHALL BE PASSED BY THE CITY COUNCIL *AVIATION RULES AND REGULATIONS9 BEONS ORDONANCE N0. 2771, PASSED AND AP- PROVED ON THE 9tH DAY OF MAY, 1950, EFFECTIVE THE 27TH DAY OF MAV9 1950. *AVIATION RULES AND REGULATIONSy BEONG 4 �m ORDINANCE No. 27719 PASSED AND APPROVED 0N THE 9TH DAY OF MAY, 19509 EFFECTIVE ON THE 27TH DAY OF MAYO 1950. FORFEITING THE FRANCHOSE OF A GRANTEE FOR FAPLURE TO FILE SUCH REPORT OR PERMIT SUCH EXAMINATION, EXCEPT ON DUE NOTICE AND HEARING. (AMEN004CNT ADOPT- ED OCTOBER 9, 1943) SECTION 63. POWER TO CONTROL PUBLIC TRANSPORTATION COMPANIES.' THE DIRECTOR OF PUBLIC UTILITIES SHALL BE EMPOWERED TO REGULATE AND CONTROL ANY OMNIBUS COMAPNY OR INDIVIDUAL ENGAGED ON TRANSPORTATION OF PASSENGERS FOR HIRE, PUBLIC OR PRIVATE, OPERATING WITHON OR INTO THE CITY. AND MAY DES16NAit THE ROUTES AND STOPS TO BE MADE WgTHON THE CITY. HE SHALL RECOMMEND TO THE CITY MANAGER FROM TIME TO TIME SUCH RULES AND REGULATIONS CONCERNONG THEIR OPERATION AS HE MAY DEEM TO THE BEST INTEREST OF THE PUBLIC; AND SHALL HAVE POWER TO REQUIRE PROPER SECURITY AND ONSURANCE FROM SUCH CARRIERS AGAINST PUBLIC LIABILITY OR DAMAGE. (AMENDMENT ADOPTED OCTOBER 9. 1943) �33� ARTICLE V COM OSS IONS AND BOARDS LOM M00 AND PLANK OMC COMMISSION. ScCTOOM9 le ORGANIZATION. THERE SMALL BE ESTABLISHED A 164044 AND OLAO000090 COMMBNISSOON W040CN SMALL CONSIST OF NONE OOTOXEOMS OF TUIE CMTT Qr CGOIP00S COMB O ST 0 WHO OWN REAL PROPERTY 0M O T0M U PM SAO* CITY. THE MEMBERS ®Or BAA D* COM NO SOSS SMALL. •E APPOU9MTOI0 OT THE COUNCIL FOR A TERM OF TWO YEAOSp 0TOW9 91MENSIRS TO III APPOINTED I* EVERY 000-HUOMBXRED YEAR AMD FGUN 00EMM01ERS 000 MAT Ebe00-B0MDBMOa<REO YBIAR. TOOe O:OBMOMoSS00P0 SMALL ELECT A CHAIRMAN 70#0 AOSMS ITS BBIEBN9CRSPBOP AND SMALL DUCT NOT LESS ?MAN ONCE EACH MONTH. VACA9 CQ&S 000 AN 90112 11`0*1O ?CAN SMALL OE OTOO.O.ES Oil THE COUWCOL FOR TH9 R;OMAONDER OF TNT `0'emm. 001KOMT AO®PTeO MAY 24 $255 ) SMALL S OSECT 90% a. "MS AND OUT 0 ES. THE ZOh I Baa AND FLAOB /013 0006 0 33 0 44 ( 1) MARE ADO* A/468 A MASTER PLAN FOR TPOE PHYSICAL OMavuePIAEM9T or TOTE CITY; ( 3) REQoOMM0ME10S TO THE COUNCIL APPROVAL @R * I SAPPR®bAl. OOT Pat - POSCO CHANSIS IN T08E ZONING PLAN; t3} ExemCOSE EOAQTR00. OBER PLAT70NO OR SUOIDObOOOMOO LAND VO7080% TOde CORPORATE LIMITS Of THE CITY AMD WITHIN AN AOMEA E&8= TENDOBN3 (Robe MOL93 BEYOND THE CITY; (E) $BDOBMIT ANNUALLY TO THE CITY MANAGER SOT LESS THAN M00IBMETT DAYS PS 00R TO THE OEO O0BM 9 %G OF THE 11000D3E7 YEAR, A LOST OF ACCOM MC MOED CAPITAL IMPROVEMENTS WM0000 009 TOB& OPINION OF THE COBMMMOSSOOM AN& NECESSARY 02 DESORA&LI DURING TOTE FCATHCO0MONG (FIVE YEAR PEROOD$ tai} REQUORC INFOR9MATOON FROM THE OTHER DEPARTDMEN?6 OF TOMBI CITY GOVERNMENT IMM MCLAT U MDOM TO ITS WORK; THE COMMISSION SMALL OE ROESPONS O BLE TO AMD AOT AS AN ADW O SOXV BODY TO TOME COUNCIL AND SMALL PERFORM SUCH AODO T OONAL ODUT O ES AND MA IR C OIIOI 5000 ASOOTOONAL POW9XS AS WAY OE 0009SCROOED BY 0900HANCI MDP THE COUROCOL 0809 0990 fC0804 0 STEOIT WITH TOMB PROVISIONS OF THUS CMARTER . TOME ANNUAL BUM? WOO TOIe C60010968691 SMALL OE PRMEPAREO BAT TOME COMMISSION AND Got SVII10077E0 OT®O APPROVAL TO TMMC CITY MANAGIR ON The MA6B09E01 OF THE SUBWOSS OON 07 I UagETS ®OT A00WUM90ST*AQ TOVc 091' RTOOEBBTS OF TOM& COTT. (AMM¢BBDIMENT"Aq*PTE* MAY 2 IM) SECTo®PI 3. DIRECTOR OF ZONING AND PLANNING. 'twang SULL 1t A DIRo ECT00o OF UN O MS AND PLANK O WS WHO SMALL OE QUALIFIED OT SPEC 9 AL TMA I OM U MS AN % %XF940E0110E ON TMME FOELO OF COTT EO8 ONG AND PLANNING, ABB* WOO S08A&& @a APPO8007EO IT TOM COTT 14ANAGE09 PIROWD0009 OMI WEbERo SUCH APPOONTACAT ®EOORBL 87 11946011% 9FIFECTIVE SMALL 99 EONFOANCO BY A RESOLUTION PASSED BY A MMA06MOTT OF TOM$, *ARTICLE 46E' VERNONts ANNOTATED CIVIL -34- STATUTES - AIRPORT ZONING REGULATIONS AND AUTHORITY TO CREATE AN AIRPORT ZONING COMMISSION. MiNDIRS OF KOBE CGU%COL. SUCH DORECTOR SMALL -SERVE At I*& R ESUULAR TICON84AL ASV O SEA OF ?ME COMM O iS OODO A*D SMALL HAVE SUCH OTPOER DIST O ES AND 1E4P60II0= IOLOTO90 AS THE COUNCIL NAY ESTASLOSk. ?ME DIROCCTsa OP' Z9Ewo*s Aao PLAssoo" OIAV II RIMOV 96 BY THE CITY HAMA®EIB, PROMO CEOs, "0WtV9EA, SUCH B➢U MOVAL AMALL, it CONSENTED TO BY RESOLUUTOOM PASSED BY A MAJCIROTY OF THE -*ENDERS OF TWA COUNCIL I9FORI SUCH REMOVAL SMALL S9C4069 EFFECTOVE. BBB ADDO700% TO TORE 06SWOR OF ZOAU Q AND PLANWONS TOBERE MAT I9 ADDOTOOIBAL PERSOWNEL SMALL &I IMPLOT90 BY THE CITY NIAOOASEA ARID MAY BE REMOVED BY THE COTY MANAGER. QAMEDODDIEAOT AD**?&& MA N 2�� 1915' SECTOOPI 4. r4E WTVt FLAK. THE MASTER PLAN FOR TM9 PNVSOCAL 0E- VILOPME00T OF TOI9 CITY OF CORPUS CHROSTO SMALL COAVAUN TOFU[ C616*06SOCAUS REC®MPAEI�UO�A4OODoS FOR 4ROW7N9 09VILOPKINT AND BLAUUTOFO(CATOON OF TOOE CITY. A COPY OF THE MASTER PLANo OR ANY PART 70111107, SMALL IBC FORBBAI&KO TO TOI9 CITY MANA29A WHO SMALL THEREUPON SUUDNOT SUCH PLAN, OR PART TO/ERISF, 4O TO99 COVXCOL WITH Hot RECOMDIEPIDATOONS TOOOCAEOOI, TDOE CQUUACCOL MAY ADOPT TBIOS PLAN AS A WMC&I OR IN PARTS AND MAY ADOPT ANY AMEO1O ACAT TOIERE709 AFTER AT LEAST "I PUUSL IC REARING ON THE PROPOSED ACT OOOO. THE COUNCIL SMALL ACT ON SUCH PLAIT, ON PART T00EREOF9 VOTOBOM SIXTY DAYS FOLLOWING oTS SUUONMOSSBOOB IY TOBE COTY MAOOA49n. IF SUCH PLAN, OR PART THERCOF9 $MODULD IE REJECTED BY THE COUNCIL THE COMMOSSOOOI MAY MODOFY SUCH PLAN, OR PART THEREOF, AND ASAUN FORWARD IT TO THE COTY NADIASER FOR SUUIDIO SS OON TO THE COUNCIL. ALL AMENDMENTS TO TMI6 MASTER (PLAN RE- COMMENDED MY THE COMM 0 SS 0001 SMALL BE SUUIDM 0 TIED IN THE SANE MAX*t* At ?NAT ODUT- L ONED ABOVE TO THE CODUAC OLr FOR APPROVAL, AND ALL RBCCOOMDIENVAT OOWS TO 7089 COUNCIL FRO011 ANY CITY DEPARTMENT AFFIC71NO THE MA57EN (PLAN MUST BE ACcC680ANIED BY A RECOMMEAODATOON FROM THE COMMOSSOOPO. (AMENDMENT ADOPTLO MAY 25, IS55' SECTION 5. LEGAL EFFECT ON MASTER PLAN. UPON ADOPT IOOO BAF In ftsven JPLAN BY THE COUNCOL9 NO IUUIDOVWOSOOMo STREET, PARK POOR ADCY PUUBBLOC WAV9 SAODUIOD OR SPACE, PUBLIC TUU OL®BPO® OR STRUCTURE A08D PUO PUUB)L O C UUT O L O TY9 BBDOETNER PUBLICLY OR PROV/ATELV OWNED WHOCH OS IDI CONFLOCT BBOTOB THE MAS794 FLAOI9 $%AALL *I COO= STRUUCTED OR AUUTOO®R 0 ZED BY TOTE CITY UUNT 0 L AND UNLESS TOLE LOCAT OOOO ADO* CATCOT THEREOF SMALL HAVE SEEN SUUAMOTTBCD TO AND APPROVED IY THE COM01040000B. IN CASE OF D OSAPPROVlAL9 THE COMM O IS SON SMALL COMMUUN O CATS OTS REASONS, TO TOTE COUNCIL, WWOCH SQUALL HAVE THE POWER TO OVERRULE SVC% DOSAPPROVAL AND UPON SUCH OW94- RUULOM4 TDOS CODUMCOL ON THE APPROPROATE OFFOCE, DEPAM709907 OR ASEOICY SMALL NAVE Pout* T® PaoCczv. Tod, M 0 maN 0 RS, %AO scu 0 RS, ROELO CAT OMS, WACAT O PO® OR CO4A"% IN 4009 UUS9 OF ANY STREET OR OTHER PUUOLOC QUAY OR SRODU%D OR PUURLOC BSUUOLODON49 POOL OC PROPERTY, OR PUUILOC UU70LOTY9 SMALL IE S'UOJICT TO SSOMOLAR RVINOSiS006e AND APPR#VAL9 AND ?AOLUUAE TO APPIUOV 9 MAY IE S0940LAWLY CYCRAUULE* MY IN& 'WY,U%COL. Tam FAOLVAC OF THE COMOIOSSOON TO ACT 98OTOIOW TOOORTV DAYS AFTIER TOO, DATE OF OFF040AL 9IUS- 0114IS OON TO TOPE COMM O SS OOM SOBALL BE *MINES AW#NOV9AL, VOBLRSS A LONSIR PMR 0®* 89 GRANTED BY THE CODUNCOL OR TW9 SUUIDCOTTONS OFFOCOAL. (ANINDWN7 AMPT99 RAY 21, 19531 ) SEcToon 6. PLATTING PROPERTYO* ANY PROPICATY BIITOOon Toic CITY to waac- AFTER ADDIOTTED OUT ACT WOW PLATTED ONTO BLOCKS AND LOTS,, *NALL Sot PLATT96 AW* LAOD OFF BY OTS cBBOOEIeS TO CODOF*xA TO Txc RE®UUDAIN MIS OF TOTE HAAs OF Torg EII- SONCERINS AND CCNSTAUUCTOON CovoSoem or THE DIPARTAKAT OF PUUSLOC MORK$ AND !U ZOM ONG ADI* PLANK I NO COMMISSION. ITS OWWFAI, IEFORE SVCo9 PAOPMRTY OS LAID OFf ARID AVOSOVODE09 SMALL FOLE B80TM THE MEAD OF TORE EAOPdoDoitmo0IS AOI® COAISTswcT000e DIVISION OF THE 01PARTMEOIT Of PUBLIC WORKS ANS, WITH TDN9 18906008 ARID PLA9IM$*$ COMMISSION A CORRECT MAP 7D9EURE00r. THE CITY SMALL NEVER PAT FOR TOK PROPERTY QUSCD FOR STREETS AND ALLEYS WITHIN ANY SUCH SDU9DOVOSO®N09 OUT SAME SOSALL9 00090 PLATTE® BY SUCH ACTo Si DDCDOCATt9 TO SUCH USE AND SOBALL $996009 TOOL PA9PtRTV 9P YONI CITY AND SMALL BE CARED FOR AS SUCH. _ SUCH WAP SMALL 9t APPROVEOD BY TD/E HEAD or THE EOBSOOBicneAA AND Cox - STS UCT OO9N DIVISION OF THE DCPAA9 TWZXT 01 PODBL O C MORMS AAA OOT TOOL ZOM O 001 AIN* PLAOODNOBNG COMMISSION DIFCAE ANY PONTOON OF SAID PROPERTY SHALL BE PLATTED. AFTER APPROVAL SUCH SNAP SMALL 9E POLED ON THE OFFOCI OF TOK COUNTY CLLNX 090 9009 OMANNDNIR PROVIDED BY LAW. THE HEAD OF THE EPOA O OO90ts 0 *4 AMD C00NSTAVC4T IO N C OV OS IOM OF T6OE DEPARTMENT OF P9UDLOC M®ROSS SMALL NEVER &MANY ANY PIRWOT TO CONSTRUCT OR REPAIR ANY HOUSE ®R STAQUCT4URE WITHIN SYUCH AREA QUMT 0 L BUCK MAP SMALL 99 B® APPROVED AND FOL90. THE COUNCIL SMALL PASS ALL MICISSARY ORDINANCES T9 EfFtCTU- ATI TOGA: PROVNSOOMS OF TWOS SECTQCW AND SMALL ALSO PASS ALL INECESSAOIV 00908RAWC96 P09SCROBOWS REASOINAILE RULES AND REGULATIONS FOR LAYOONB MAOMS 02 PNPtS, 899090%, P USL O C UTILITY WIRES, P O ►ES, POSTS, OR CABLtS, AND TWE K O PND AN* CNAORACT9A OF STREET PAVONS, CURDS ARID SODSWALOSS WHICH WAY BE PLACID 000 ANY SVCM BIUD- ®NM 0S 000O. (AMtee®MteNT Aa99 pvto MAY 2 PARK AND RECREATION SECTION 7. QUALIFOCAT80NS AND TERM OF OFFICE. T9IEAt 06 14tRtBY 98"790 A PARRS SCAR& TO CONSIST OF FOVC MCM,%CNRS POI&ESSOMS TM9 $AMC Q10UAL090CAT09NO96 AND SDUSJCCT TO TOLE SAM& COSOVALIFOCATDOAIS PROVODED BY TOOL CDIARTIA VON C90 9OLm MCA to MCPBERS OF SUCH ®TOOER SOVIRINONG BODY OF THE CITY ®n C90RPDUS 0000➢IBTO As MAI 9I PROV 0 DEP BY TW9 CMARTER 00 GENERAL LARDS Of 709 STATE OF Taus, Aa1B SMALL 99AVC WITHOUT COMPENNBAT000. ALL MtMSIRS OF TOOL PAN% BOARD BULL 99 APPOINTED BY THE CITY UU NCOL. MEMBERS ARI TO BE APPOONT90 FOR A Tax* OF n4 TOIAMS AND SMALL SCRVt UNTIL THEIR SQUCCES90AS AMC APPS O BT90 AND OVAL 0 U'V, TOOL $TRIAD SMALL ELECT A CHAIRMAN AND ADOPT SYGLAWS T® "V9RN8 ITS OPCRATOOMS IN 0409RAT O®IN WITH THE CITY MANAGER AND TD/I CITY COUNCIL. (AIIIONODINIIAT AODBPTC* OcT®BCR 9, 1945 ) SCOT OONN S. DO BES. Te/I 'ARDS BOARD *MALL eNAV9 SOUPINV OS OtIll 9TdA ALL 1098L O C PARKS AMD TONt 90U O LS O MIS TONERE O 9N, P9USL O C ORUTIDO4A RACRIAT 0991 AREAS AND CC%TCRS AND ANY OTHER GROUNDS PLACID 0U0 DLA ITB SUPERVISION BY IIA COTT MAWABER. (AONIOOMENT ADOPTED kT®BEA 9, 1945) SEDT 0®IN 9. PARK SUPCR ONT040E NTS. Tmt CITY MAINAGE R *PALL omwa Ta19 POWER TO APPOINT AND CARLOW A PANTOS SR-0PINIODOTt9NDtPNT WHO 99 A GRADUA79 OF A RECOIN91ED SCHOOL OF MORTOCQULTDURCL AM* LA9NODSCAPI ART. PLANNONONOS OF PAAOS DgVgL- OPMA NT, LANOSCAP O ON+S E®DU O PUCUT AND NNA O ONTCOIANCt *HALL BE 7*9 DOTTY OF THE PAROL SOUPIRNINTtONBDtDIT. TRE PARK SIBPIAo00TITD0®LOOT SMALL SOUOMI? FOO APPROVAL T9 TM $CAR& AND TO ?ME COTY MARA&&& A* OUTLINE FOR TWS CORS10TV7065 OF 0005 STAFFO ISCL0UDONNG SUCK ASSOSTAOOTS, EMPLOYEES AND LABOOREIIS AS ON NO$ SPONDOODON AMC NNtEDED FOR THE PR®PIR CONNDOUCT OF N O & DIPARTMENT AND AN O►ERAT OBRIAL POL O9V ANIS BOUS49T. AFTER APPROVAL, THE BOAR® SMALL ACCT ON AN ABVOSftY CAPACITY TO THE CITY MANOAOt*. (ANNEoe®D en? A9®PTE® ®CTOBIR 9, ill) -36- SECTION 10. ACQUISITION OF PARK PROPERTY. ADDITIONAL PAROLS IF SELECTED BY THE BOARD SMALL BE SUBJECT TO APPROVAL BY 70t9 CITY ZONING A PLANNING COMMISSION AND THE CITY MANAGER AND CITY COUNC11.9 AND APPNOPRIAv TOOM OF MONEY BY THE CITY COUNCOL BEFORE SUCH LAND IS ACQ10ORE9 AS SY PUR- CHASE, SIFT OR CONDEMNATOON. (AMENDMENT ADOPTED OCTOBER 9. 1%5) SECTION 11. PARK BOARD BUDGET - REPEALING CLAUSE. TSIE PARR BOARD SMALL SUBMIT AN ANNUAL BUDGET TO THE CITY MANAGER. ALL PROVISIONS OF THE PRESENT CITY CHARTER OF CORPUS CHR OSTI Ai IT EXISTED ON .JUNE 1ST9 19459 ON CONiFLOCT WITH THIS ARTICLE Of THIS fCHABT9R AMENDMENT ARE HEREBY REPEALED. (AMENDMENT ADOPTED OCTOBER 9, 190) LIBRARY BOARD SECTION 12. LIBRARY BOARD. THE CITY COUNCIL SHALL APPO W A LIBRARY BOARD, TO CONSIST OF SEVEN MEMBERS. EACH A RESIDENT 9F 409E CITY, EACH OF WHOM SHALL HOLD OFFICE FOR A TERM O8: NOT LESS THAN TWO WCARS FROM THE TOME Of APPOONTMENT AND UNTOL MOS SUCCESSOR IS NAMED. TUC LISRAiRY BOARD SMALL PRESCROSE ITS OWN RULES AND REGULATIONS AND SHALT. NONIi4AT9 TILE LIBRARIAN WHO SMALL BE APPOINTED BY THE CITY COUNCIL. THE LISRA9tIA11,10I714 THE CONSENT OF THE BOARD, SMALL NOMINATE ALL OTHER EMPLOYEES, NOLO SMALL 89 APPOINTED BY THE CITY COUNCIL. THE BOARD SHALL SUPERVISE ANB SGVC** V94 PUBLIC LIBRARY NOW KNOWN AS LA RETAMA PURLIC LIBRARY AND SUOM BRA0491 LI- BRARIES 1- BRARIES AS MAY BE ESTABLISHED. THE L 0 BRAN 0 AN, BY AND WITH TIIE AVV OCC OF THE BOARD, SHALL SELECT THE BOOKS, PERIODICALS AND OTHER DOCUMENTS TO 89 PURCHASED FOR THE LIBRARY AND ITS BRANCHES AND SHALL HAVE 49MRMAL WP92o VOSION OVER THE EMPLOYEES OF THE LIBRARY. (AMENDMENT ADOPT90 NOW 91MV9R 23, 1939) ADVISORY BOARDS SECTION 13. ADVISORY BOARDS. THE CITY COUNCIL SMALL 01AWC QH9 AUTHORITY TO APPOINT AN INDUSTRIAL AND AIRPORT BOARD CONSISTING 611 II9T MORS THAN FIV% MEMBERS, WHICH BOARD SMALL BE AN ADVISORY BOARD TO THE CITY C0U*- CIL® AND ITS DUTIES SHALL BE TO INVESTIGATE AND RECOMMEND TO TOLE C109iIil OL SUCH PM04ECTS AS ON ITS ®PIN PON WOULD BE ADVANTAGEOUS TO TME VIPT4004 Oft*wTO4 OF THE CITY AND TO ASSOST THE CITY ON THE ESTABLISHMENT AND LOCAT40ft OF INDUSTRIES, AND THE CREATION AND ESTABLISHMENT OF ADEQUATE AIRPORT FACQL- ITOES ON TME CITY, AND TO PERFORM SUCH FURTHER DUTIES AS MAY *I *19OW911TED OF SUCH BOARD BY THE CITY COUNCIL. THE MEMBERS OF SUCH BOARD SMALL StI1YE WITHOUT PAY, BUT THE CITY COUNCIL SHALL HAVE THE AUTHOROTY TO APPRmPR1AtE SUCH SUM$ OF MONEY AS MAY BE NECESSARY TO DEFRAY THE EXPENSES Of SUCH $SAO* IN THE PERFQRMANCE OF ITS DUTIES. (AMENDMENT ADOPTED OCTOBER 9, 1942) SECT OON 14. HOUSING COMMITTEE, ETC. THE CITY COVNC IL *WALL WAVI THE POWER AIMS IS HEREBY AUTHORIZED TO CREATE A HOUSING COMMITTE99 A RECREATOOPI BOARD, AND SUCH OTHER BOARDS AS MAY IN ITS JUDSMENT 09 094911SARY TO SUP96VOSE THE SOCIAL SERVICE AND CHARITABLE ACTIVITIES OF 109 CITT AOR TO MMOTt THE ECONOMIC WELFARE OF ITS CITIZENS, (AMENDMENT A04l49* ftV- EMBER 23, 1919) ®37- V ARTICLE VI 1 PERSONNEL AND CIVIL SERVICE SEcToDN 1. COMB. SERVICE SOARDo THEME 05 HEWI:SY ElTaIL490000 A CIVIL SERVICE BOAM0 9 %99 CH CONSIST Of THREE PEORSOM89 C O T O EE%S O r COMMID CHH O ST 0 9 EACH or WHOM O %ALL HAVE RESIDED IN THE CITY 9r(m '9'OOtec YEARS on NONE O O#lNIVI ATELY PWECE0 4 002 NOS APPO O NTHINT o No 90E0 ats or THE 11"m D A96c0LL DM09OWS NOS T&MURE It A CAMODATE FOX OR HOLD ANY PUILIC OFFOCS ON P660906009 EuQ9^1P ND4AaRY PusL I Co Tmr MAYOPe9 WITH THE ADVISE AND CONS94V Ori A 6M.00044 Or VMS COW"OSSOOMIM89 SMALL APPOINT THE OUENNERS OF ElVC00 IBGA*D. ()S rNa ®OMIT THREE WIM319PS SO APPOONTED9 ONE SHALL It APPOW90 ran A TING9 DAfi' ONE T9AW9 ONE SMALL WE APPOINTED FOR A TERM OF TWO YEAWS9 AND 0*9 lo"1616 � APPOINTED FOR A VERN ®P THREE YMAMS; THEOREAFTEPR9 THE TE0909 or cef o u W EACH 041INSER Or SUCH OIIOAORD SMALL It FOR THREE YEA0RS9 ®W UNTIL A SUCCU" 9s APPODON4E09 (A04IENDWENT ADOPTED IMAY1935) I'* SxcT o ®N 2. OFFICERS AND COMPENSAT 0 ON o a %%x* o ATOSOY auras Apm®6 av- O`CA? VMS BOARD SMALL OORVANOEE NY ELZCTINQ ONE OF THE NSKSMRS COOAOUMN An SHALL APPOINT A CHIEF ExA*oNEW9 NOT A KENNEBR Or THE S®ARDp WMO S0A&L A&MO ACT AS SIECORETARY9 TO SERVE FOR TWO YEARS UNLESS SOONER MCNGVCD ®V TOM 9"MS. TOOE worn ;OEO9S or 406E SOAORD SMALL EACH RECEIVE FIVE DOL&AWS Falk EACOO 99191000 Or INC BOA&& AVTEH08EQ9 NOT TO EXCEED ORE HUNDRED DOLLARS ON Amy ?09CA& TIARa THE SCJAX0 QDAY APPOINT SUCH OTHER SUZO0RDONATE3 AS MAYS W? AFFMOPSOATOW SP THE 6OVEo9000N(S OBCOTO is PROVIDED FOR. (ANENDKZMT ADOPTED MAY 2119 1935) SECTOoo 3- CLASSIFIED SERVICE. THERE 05 HER -91Y ESTA21190090 A CLASS 0 0? 0 ED aDINV O CE ON WHICH ALL APPOINTMENTS AND POROMOT I ON$ *%Akk 0t Mfg am INC EIAs 0 * CGP KR O T AND FITNESS* THE CLASSIFIED SM*Wi CE SMALL 9641 6VOC ALL UPLOYEES OF 460E CITY EOSCEPT THE FOLLO1h0ON28 (A) 041E041o0EWA OF TOO Coumc0L8 THE CITY A4TOORmEYa AWsOWuNT CITY ATTO9RNEYS� DORCCTOM W IFONAAMS DOWECTOM Of PVOLOC UVOLOTICS$ DONSCTOPR or PUILOC HZALTN$ DoxacTsm W , PPS&OC WOMMeg VOORECTCM OF PLAMMONICg CITY SECRETARY; CITY TasAwasi Tom ' A990SDW AND COLLECTOR; CITY CONTROLLER' PUMCHA3INQ AOQOiT$ CHOEIP 9SA,N8142 , OF INC £ O V O L 31MV O CIE BOARD; THE CITY MANAQ EPR 9 ADx o N 0 STOeAT 0 VQ ASA 0 AVANTS TO VMS COTT MANASCRI JUDIZ Of THE CORPORATOON COURT; CLCMN OF To4E COMPMAT9a>H0 Cava?$ Txz dO®IRaososaN AN® EMPL®VEE! or LA RETAxA Lo®xAftYg Twe Donscv*m 0w ADY � DCFAWTMNT OF INC CITY CREATED DY THIS CHARTER OR §Y ORDOMAO060i$ TWC OKA* SM PR 0 NC O PAI. OPrr 0 clot or ANY D o Y I S o ON or ANY DEPARTMENT CREATED MY VN 0 O CMMVOLW OR 01 (9Mb000AWC1E$ INC PRINCIPAL 174E902RAPHOC QECRETAORY Or ANY CITY 611099W NaNTO ON ?NO* PAMARMAPND THE PR O NC O PAL STENOSRA PH I C SECRETARY OF VMS DOW( CTSM f OP ANY DEPA(f91wmv CREATED MY TWOS CHARTER OR NY OORDIVANC20 INE POON40PAL !I STEOCO MAP000 S "CRETAORY OF THE ODEA* OR PR O NC I PAL OFFICES OF ANY DOW00800 W ANY DC PQOI dGatE00T CREAU S 0DY TN 0 A C041QORIER OR COY ORDINANCE; k9wa ag OF AM C%00096104 ON INC COTT'* SCMTOCESg EMPLOYEES OF SURDS AM VMDS@OIW on rmc C04YRa agav9CE$ AND (W) OPPPOCERS AMC EMPLOYEES Or CLAS09% ODW KV WVN=T* WRTNON 1T00% Covoo. StEowca SuTu7as or TEXA39 AND iC) ALL OIRDONART O9W4%lDeU4F AND HNO-11OLL90 dA®060o (ANENDMM? ADOPTED MAY A14 9935) m39® SECT O ox 4 o RULES AND REGULATIONS. THE CIVIL SERVICE 11®40Sp Oaf®= JECT TO THE APPROVAL Of THE CCUNCO Lp SMALL ADCPT9 AMEND AND ENFORCE A C"IE OF RULIS AMD REGULATIONS PROVIDING FOR A PPC I POTNtNT9 E01)PL®YMCWT DO1 SUSPTOOS 0®00 IN ALL PCSITIOOPO8 ON THE CLASSOFOE® SERVICE BASED UPON CITIIIEOOSOoOPy 9MARAOrTTRp ODER IT9 EFF I C O ENCY AND I PODUSTRYp WHICH SMALL HAVE TOTE, FODRCE ARID TFFZCT DF LAW; AND ALSO RULES REGULATING PROMOTOCPB39 DEMOTIO NS8 REDUCTION OF MCC OF EMPLOYEES IN THE CLASS 0 F O ED SERVICE AND IN WHAT ORDER THEY GRALL ffiR D O SWO S$E® AMD REINSTATED. ALL PERSONS EMPLOYED BY THE CITY IN TOOK CLASS O VO SS SgAV 0 C9 SMALL WE EMPLDYED9 PR(I NOTED9 DEMOTED TO A LOWER CLAISOFICATODOdy *A 8099MA0 S90 PURSUANT TO THE PRCV O S O CODS OF THIS CHANTER ARID THE RULES AMD, pCOULAT 00010 . ADOPTED BY THE COV 0 L SERVICE BOARD. (A-MENDMINT ADOPTED 04AY 2$0 4955) . S(ECTIow 50 PROBATION PERIOD. ANY owDOVIDUAL WHO is twL®TEB ON THE CLASSIFIED SERVICE DR ANY INDIVIDUAL WHO RECEIVES PROMOTION IN TOOT CLASSIFIED SERVICE SMALL SERVE A PROBATION PERIOD OF SUCH DURAT 0" dist WAY F BE FOXED BY THE BOARD. AT ANY TONE DURIR2 SUCOO PR®SATO0001 00101000 SVC% _FRs- GATOOOImE39 OF A NEW ENPL®Y 19 MAY BE DISCHARGED BY THE MEAD OF THE PROiiIDdi'60OBOpEI1eB DEPARTOIEBOT3 AND SUCx PRD09AT O ®BOER9 Of SEEK 0 R2 A PR®041®T O DOOp MAY BE DEOD6790 TO A LOWER CLASS O F 0 CAT D GN BY THE MEAD OF TOGO DEPARTMENT. LIN TOOT (EVENT A PROBATIONER WE NOT 90 DISCHARGED OR 30 DEMOTED DUROQOOB 0400 10MWATOON PER 0 OD9 N 0 S EXPLOYNEXT OR PR®tilOTT; GN IN gTHE C LASS 0 F D XD SERV 0 CE SMALL 61 C' t- PLETEo QAOOO:WDG9tEPOT ADOPTED MAY 7. 1955d SECToom bo REMOVAL OF EMPLOYEES. Amy INFLOBYEE ON THE CLQSSOFO0 SERVICE WAY BE SUSPENDED BY THE CITY MANAGER OR THE BREAD OF TNN ®EFARTRINT UNDER WH 0 COI HE go ENPLCYED9 AND THEREUPON M 0 S SALARY SMALL Cusco THE ODFFO ux MAKING Toa O S ORDER CF SUSPENSION SMALL FORTHWITH FILE WITH THE C O V O L STNV 0 CI BOARD A STATEMENT IN WR O T 0 OBD OF THE SUSPE9 43 O ®PO AMD N 0 S REASONS THIZATro'do WITH TEN ( 9O) DAYS AFTER SUCH EXPENS I Ohm THE EMPLOYEE 80 sSUSPOEMDZC BDAYp OF DOE DIES O RESi9 FILE ABO APPEAL WITH THE C O V I L SERVICE 9OARD9 WHO SMALL MOLD A00 O N - OU ORT WITHIN TIN DAYS THENTAFTER9 AND SAID BOARD SMALL MARC A DECISION V 0 TOO O N'_ TEN DAYS AFTER THE HEARING WHETHER THE EMPLOYEE SMALL It 0°IRNAoi NTLY DOSODOSSEO FROM TOOT SERVICE OF THE CITY OR RE 0 N37ATED ON H 0 8 EOOPLObYNINT, TOQT DTCa s o om or THE BOARD SMALL BE FINAL. U N ALL OIEAR O NNS by TP9E BDARDp THE JUDO `SOOT OF TOOQ OFFI CER SUSPENDING THE EMPLOYOEE &HALL Ott PR93UNED TO It CORRECT AM TOOT @,W DTOSQ OF DISPROVING T00¢ CMARO; Es NAIDE AIA I DOST oO O N SMALL BE UPON TNT TGIPLODTTE o QAwE0JDNENT ADOPTED MAY SEDT D w 7. PAY R8 LLSjQ CLASS C P P ED SERVICE. THE SECRETARY DF TQQ1E CIVIL SERV0CE BOARD SMALL CERT 0 FY TO THE DIRECTOR OF FINANCE TOME 0114051 or EACH PERSON [NORLOOYED- I N THE CLAS& O F I ED SERVICE AS WILL AS TOOT OflAWSS OF ALL PERSONS 09690S8C$Dp SUSPOEOODC;D on D(ENOTEDo No SALARY OR 0OtO0PE00SATllOOI18- ip®01 4SERV O CE SMALL IDE PAID TOO ANY P9XSOOM IPO ?WE CLASSIFIED SERVICE UNLESS DO O @ ` MANN HAS IBEEOI SO CTAT I F I EOE by TNT S&CRETARY OF THE CIVIL SERV0CE &MMID T® THE, D O RECTOR OF F 0 NARC19 NOR AFTER SUCH CERT I F 0 CAFE THAT SUCH CKPLOT49 OQAS, BEER SUsrPEBID($® to DOOKOSSE®o QA8Q9NDK9NT ADOPTED MAY 2 SECTO®Ba ®o APPAMIATION. TIDE C00009CDL *HALL ANNUALLY SET VP IN THE BUDDET AND APPROPRIATE FUNDS NECESSARY TO CARRY OUT THE FROW0600096 ST ?NOS ARTICLE AND MAY COMFEO1 O00 THE CIVIL SERVICE BOARD ADD O T O DOOAL R 0 SDOTS AMD DUTIES AS TORE COUNCIL DEEMS NECESSARY TO EFFECTUATE TQIE PUOIPOD09 OAF A CLASS I F 0 ED S9RV I CR BASED ON CHARACTER# COMPETENCY AND & CM0OD010 TYo QAC 009=019T ADOPTED MAY 20'. 0 1955) —39- SacToom 9. DISCRIMINATION PRCHUX19TED. No PaaRgiaa 001 T00a em"T CF TDOQ Cory, CR setmome aamosRoom TOOCROtTCg smaLL a0 Ar"RWID9 00"Tu to 6 080'swoviODg an 000 AoOY WAY FAV®Ra® an ooscR000000ATa® A0A000ST 1KCAUSC PftOTO"L CR RaLOSOCUI CPOD00®0000 OR AFFILIATIONS. 4AnmwcmT aloDODOns Haw 4 � S a aT o o* 10o PART 9 C 0 PAT B Od IN POLITICAL CAWA O GNo W a Toa TOat axCaPT o om or TBOa ouB, cas Cr TOOa CCOQDOCo Lg 0o mROm IN vft 9"LOT W T00[L C O TT XNA LL TANS PART -ON ANY FCL O T o CA -L CAWPA O ®009 CXCIP? TO CAST NO o1 Wa AM' PROVATaLY aXPRtCSS 0000 OW CPOOOOCoOg AMD aXCaPT NOS CbAOMAI OM M Am OFFICE FCR WHICH oaa 05 A CA00®O ®ATS o 4ANINCDOtS;DaT AODOPT% SaCTBa m 11. OFFICERS AND EA LOYEESa CAND9DAC0CSo ExcamT " FRCV00ID 060 Twos CNARTaRg OOC PERSON aLCCTaa TO ANY ®FFOCa Ott TOOT COTY smao.Lg ovotome THE TaR09 FOR WHICH me wAs O:1.9C4IS®9 U APPOINTED T® ANY OToaan OFFICE ON PQ SS O T 0 Ca ON TOOe SLAV 0 CC OF THE C 0 TT o IF ANY OFFICER 00 CoaOo&ST11 CF ToOa COTT ADOALL FILE AS A CANDOCATTt FOR NOMINATION OR CLCCTOaM TO &MY PUBLIC CFF o 0(Sg EXCEPT TO SOME OFFICE UNDER ?Not CDIAORTa019 OOIS ,;M0LL 10 OD0ATUY r®aRn o T 00 0 s orr o CC ON ao PLOTNTaT o QAGvl=OQXMT AOOP7 LC WAY _ sa Sa cT o ®m 12. ONSLMWE. TOoa Covwc o L amLL wave Tw am000v o T>! wm& 000 oTSB ®OSCACTOODO NAYS TO TOOT 4XT000I PTRWOTTCD my rmz Laws W TOoa slaty of ` EXAS9 PROVIDE FOR cO301C00P LOPS O*sURADo0a9 ®RWP COffio►OOLOTY ONOWMANSIg MOROlW A00009a004 090SURANC99 GROUP ACCOCCOOTAL DEATH AMC COS'I(r`D MOMMOTNT OOO*QftAOO4g am 09090 N99PO TALg SURGICAL AND/on 90198 CAL EXPENSE 1 "OUNADOCa9 am ANY "a to 90®Ra Or SUCK COV900441*9 MY AN O NSURANCa COMPANY OR COMPAN I ESs 00aL9099 BY TOOa Cl UMC O Lg TO O NSURa FOR TOOa ODINU I T CF PERSONS OTHER THAN THE POLICY OOOL6989 . a 0 TKCA ALL CF TOOa 01195 DLAR FULL TONE a90PLCY90 OF THE C O TYg OR ALL Of ANY CLASS 04 COSaa&S OF REGULAR FULL TONE EMPLOYEES OF TMM COTYg DETERMINED MY CONVOTO(flM P1e11- 746000MG TO TMZOR lNPLCYDOE00T9 WITH THE PRTMOUNS FOR TOOE POLICY OR D**ILOCOCI TC OE PAID t o TMTA 4 0 8 BY TNT POLICY KOLD9R WHOLLY FROM FUNDS COOO7018OBOD19OD MY THE 0 NSVNEOD EMPLOYE&$ TC QBE DEDUCTED FROM TMz EMPLOYEES, SALAR 0 E0B WK90 AUTMOR 0190 ON WR 0 T 8 MI 291 TOOT 010FCCT O VE EMPLOYEES SO TO 909 001(0 0) 0➢Y TOOLS POLICY HODLUM PARTLY FRO90 FUNDS CONTRIBUTED 0Y THE 000SS UN99 O WL4T49* TO OE DIDUCTE09 FRO* THE INPLOYIES u SA LAIR O ES WHEN AUTROOR 0 ZaOB IN BOOR 0 T O ffil •Y TOOa RESPECTIVE 2WOOLCYEIS9 80 TO 00 AND PARTLY PA 0 ® OR COWTR O OBMTCD O T TOoa C O TY OUT CF CURRENT RaV(S0 USS ®F THE CITY; POROv o ccD9 DaW9V(SOR9 ANY Q90ID ;ALI<, (Os"o ONS URANCa CONTRACTS gFrLCTEOD PURSUANT TO THE PRODVOTI00000 OF TWIS 9908035 SMALL CONFORM AND 61 SUBJECT TO ALL THE PROVISIONS OF &AVG OF INC $7479 OF Texas wow CR BOEREAFTaR CDOACT(9,OD CCDOCaamome Tl0D000 apoup o0g8680 mvt Oy0Dvcusas PROCURED 10Y AN INCORPORATED C O TY o QAOSIa00®D 2mv A0D&FT96 WY 5¢07BOm 930 RENDVAIL. NOTHING EL0b03WLSOR9 099 190000 CNARTLo;9R CO8O- TAOOOa® *HALL 29 CONSTRUED AS AOOTDIOROTY FOR TDOa COUNCIL TO ORMOVa ANT OFFICER OR ¢Da LCYEE ON TNT CLASS 0 F o I D SZMW o = OF TW4 C O TT, 0maOrJ®IP,9a09T ADOPTED MAY 2 1955) v40— ARTICLE VII TAXATION AND BONDS SECTION 1. TAXATION. THE CITY COUNCIL SMALL HAVE POIIER# AND 19 HERESY AUTNORIZCD ANNUALLY, AFTER THE BUDGET IS ADOPTED# TO LEVY AND COLLECT TAXES NOT TO EXCEED ONE AND ONE QUARTER PER CENTUM (1j%) OF THE ASSESSED VALUE OF ALL REAL AND PERSONAL PROPERTY IN THE CITY, NOT EXEMPT BY THE CON- STITIITION AND LAWS OF TEXAS FROM TAXATION, EXCEPT ALL •ONO$, SECURITIES AND OSLOGATOON ISSUED BY THE CITY, IN THE FOLLOWING PROPORTIONS AND FOO THE FOLLOWING PURPOS ESo TO -WITS FOR CURRENT EXPENSES' ONE ►ER CENTUM (0) OR 50 MUCH THEREOF AS TME CITY COUNCIL MAY DEEM NECESSARY; AND FOR GENERAL STREET IMPROVEMENT AND FOR BUILDING BRIDGES, GME - FOURTH OF ONE PER CENTUM (j%) OR $0 MUCH THEREOF AS T"E CITY COUNCIL MAY DEEM' NECESSARY, THE CITY COUNCIL SMALL HAVE POWER ALSO ANNUALLY TO LEVY AND COLLECT AN ADDITIONAL TAX OF ONE AND ONE-QUARTER PER CENTUM (11%) OR ANY FRACTION THEREOF OF THE ASSESSED VALUE OF ALL REAL AND PERSONAL PROPERTY IN THE CITY. NOT EXEMPT, OF THE MAJORITY OF THOSE AUTHORIZED TO VOTE OM THE EX- PENDITURE OF MONEY AND THE ASSUMPTION OF DEBT SHALL "AVE FIRST VDTED IN FAVOR OF SUCH LEVY AT AN ELECTION DULY NELO FOR SUCH PURPOSE# THE WHOLE NUMBER OF VOTES TO BE DETERMINED BY THE NUMBER VOTING AT SUCH ELECTION* SUCH TAXES SMALL BE ASSESSED AND COLLECTED SEPARATELY FROM TNOSE FOR CURRENT EXPENSES. IF FOR ANY CAUSE THE CITY COUNCIL $HALL FAIL OR MEGLECT TO PASS A TAX ORDINANCE FOR ANY YEAR* LEVYING TAXES FOR THAT YEAR# THE TAX ORDIN- ANCE LAST PASSED SHALL BE CONSIDERED ON FORCE AND EFFECT AS THE TAX ORDINANCE FOR THE YEAR FOR WHICH THE CITY COUNCIL SO FAILED TO PASS A TAX ORDINANCE, AND THE FAOLURE TO PASS SUCH ORDINANCE ON ANY YEAR SHALL IN NOWISE INVALIDATE THE COLLECTION OF THE TAX FOR THAT YEAR. THE CITY COUNCIL MAY ALSO PRESCRIBE THE DATE WHEN TAXES SMALL BECOME DUE AND PRESCRIBE PENALTIES FOR MON—PAYMENT BEFORE THEY BECOMt DE- LINQUENT. THE CITY COUNCIL MAY ALSO LEVY, ASSESS AND COLLECT ANNUALLY FROM EACH PERSON WHO 05 A RESODENT OF THE COTV AT THE TIME OF SUCH ANNUAL ASSESS- MENT, OVER THE AGE OF 21 AND UNDER THE AGE OF 60 VEARSo IDIOTS AND LUNATICS EXCEPTED, A POLL TAX OF ONE DOLLAR ($1.00). i THE CITY COUNCIL MAY ALSO LEVY, ASSESS AND COLLECT TAXES UPON THE TRADES, PROFESSIONS, CALLINGS AND OTHER BUSINESS ENUMERATED BM ARTICLE 7047, AS AMENDED' REVISED STATUTES OF TEXAS, 1925, PROVIDED TWAT NO SUCH TAX ISMALL BE GREATER THAN IS AUTHORIZED BY SUCH STATUTE. SUCH TAX MAY BE COLLECTED ON THE MANNER PERMITTED BY ARTICLE 1034, REVOStD STATUTtS OF TEXAS, t 1925, AND ANY LICENSE GRANTED MAY BE REVOKED IN THE MANNER PROVIDED BY ARTICLE 1035, REVISED STATUTES OF TEXAS, 1925. REAL PROPERTY AND PERSONAL PROPERTY AS USED IN TNOS ARTICLE SMALL INCLUDE THE PROPERTY ENUMERATED ON ARTICLES 1036 AND 1037, RE• VOSED STATUTES OOT TEXAS, 1923. (AMENDMENT ADOPTED NOVEMBER 23, 1939). SECTION 2. LEEN FOR TAXES. ALL TAXABLE PROPERTY SHALL STAND CHARTED WITH A LOCH ON FAVOR OF THE CITY FOR ALL TAXES LEVIED ABASH$? THE OWNER THEREOF, SUPERIOR TO ALL MORTGAGES AND OTHER LIENS OR MUM- BRANCES AND ALL PERSONS PURCHASING SUCH PROPERTY SHALL TAKE SAME SUBJECT TO SUCH LIEN. THE TAX COLLECTOR AND CITY ATTORNEY SHALL FILE A PROPER CLAOM FOR ANY UNPAOD TAXES IN ANY PROBATE, BANKRUPTCY OR OTHER JUDICIAL PNO- CEEDONGS ADMONOSTERING THE ESTATE OF THE OWNER OR ANY SUBSEQUENT PURCHASER OF PROPERTY SO SUBJECT TO SUCH LOCH. DELONQUENT TAXES MAY BE COLLEClk* AND THE LIEN SECURING THE SAME MAY BE ENFORCED IN ANY COURT HAVING JUROS- DICTOON. (AMENOMENT ADOPTED NOVEMBER 23, 1939) SECTION 3. RENDITION. IT SHALL BE THE DUTY OF EVERY PERSON OWNING OR HOLDONG PROPERTY IN THE CITY TO RENDER UNDER OATH TO THE TAX ASSESSOR- COLLECTOR AT HIS OFFICE BEFORE APRIL THIRTIETH OF EACH YEAR A FULL AND COM- PLETE INVENTORY OF ALL REAL AND PERSONAL PROPERTY SO OWNED OR HELD BY HIM, EXCEPT SUCH AS OS EXEMPT FROM TAXATOON, AND THE SAME SHALL BE RENDERED AND LISTED IN THE MANNER PRESCRIBED BY THE GENERAL LAWS OF THE STATE WHEN APPLI- CABLE, UNLESS PROVISION IS OTHERWISE SPECOFOCALLY MADE THEREFOR HEREON. IN ALL CASES OF FAILURE TO OBTAIN A STATEMENT OF REAL AND PERSONAL PROPERTY FROM ANY CAUSE, THE TAX ASSESSOR-COLLECTOR SHALL ASCERTAIN THE AMOUNT AND VALUE OF SUCH PROPERTY AND ASSESS THE SAME AS HE BELIEVES THE TRUE AND FULL VALUE THEREOF; AND SUCH ASSESSMENT SHALL BE AS VALID AND BINDING AS IF SUCH PROPERTY HAD BEEN RENDERED BY THE OWNER THEREOF. THE CITY COUNCIL MAY PROVIDE FOR THE ASSESSMENT OF PROPERTY IM- PROPERLY OR NOT ASSESSED FOR PREVOOUS YEARS; AND SUCH ASSESSMENT SHALL BE AS VALOR AND BINDONG AS IS SUCH PROPERTY HAD BEEN RENDERED BY THE OWNER THEREOF. (AMEMOMCHT ADOPTED NOVEMBER 23, 1939) SECTION 4. BOARD OF EQUALIZATION. THERE SMALL BE A BOARD OF EQUALIZATION, COMPOSED OF THREE CITIZENS OF CORPUS CHRISTI, QUALIFIED VOTERS AND TAX PAYERS, WHO SHALL RECEOVE FOR THEOR SERVICES SUCH COMPENSATOOR AS MAY BE FOXED BY THE CITY COUNCOL. THE MEMBERS SHALL BE APPOINTED BY THE CITY COUNCIL NOT LATER THAN MAY FORST EACH YEAR, AND SAID BOARD SMALL MEET NOT LATER THAN TWENTY DAYS THEREAFTER, TAKE THE OATH PRESCRIBED BY ARTICLE 7215, REVISED STATUTES OF TEXAS, 1923. THE BOARD SHALL HAVE POWER ANO IT IS THEOR OFFOCOAL DUTY TO SUPERVISE THE ASSESSMENT OF PROPERTY OM THE CITY, AND IF, SATOSFIED THAT THE VALUATOON OF ANY PROPERTY 15 NOT ON ACCORDANCE WITH LAW TO INCREASE OA DOMONISH THE SAME AND TO AFFIX A ►ROPER VALUATION THERETO; AND IT MAY CALL BEFORE IT SUCH PERSONS AS ON ITS JUDGMENT MAY KNOV THE MARKET VALUE OR TRUE VALUE OF SUCH PROPERTY, TO TESTIFY UNDER OATH THE CHARACTER, QUALITY AND QUANTITY OF SUCH PROPERTY, AS WELL AS•THE VALUE THEREOF. THERE THE BOARD SHALL PROPOSE TO RAISE THC VALUE OF ANY PROPERTY, IT SHALL CAMS[ THE TAX ASSESSOR -COLLECTOR TO GIVE THE OWNER OR PERSON RENDERING THE PROPERTY, WHEN KNOWN, NOTICE FOR NOT LESS THAN T[II OR MORE THAN FIFTEEN DAYS OF ITS INTENTION STATING THE TIME AND PLACE WHEN[ SUCH OWNERS SMALL APPEAR AND TO SHOW CAUSE WHY THE VALUE Of THE PROPERTY SHOULD NOT 99 RAISED.. SUCH NOTICE MAY BE GIVEN BY DEPOSITING THC SAME IN TME UNITED STATES POST OFFICE PROPERLY ADDRESSED AMD POSTAGC PAID, BUT IT SMALL BE PRESUMED THAT THE NOTICE WAS SENT AND RtCCIVED. SUCH BOARD SHALL MEET AT THE TOME AND PLACE NAMED AND SHALL NCAR ALL PERSONS APPEARING THE VALUE Of WHOSE PROPERTY HAS BECN RAISED. THCREU►ON THE BOARD SHALL CHAM4E SAME TO ITS PROPER VALUE. SUCH ACTION OF THE BOARD SHALL BE FINAL AND SHALL NOT BE SUBJECT TO REVISION BY ANY OTHER TRISUMAL. AFTER 9T HAS FONALLY EXAMINED AND EQUALIZED THE VALUE Of ALL PROPERTY ON THE TAX, ASSESSOR-COLLECTOROS LISTS OR BOOKS. IT SHALL APPROVE SAME AND RETURN THEM IN THE MANNER PROVIDED BY LAW. THE BOARD SHALL CON- PLCTE.ITS LABORS NOT LATER THAN SEPTEMBER FORST Of EACH YEAR THE EQUALIZATION Of PROPERTY SMALL BE IN ACCORDANCE WITH THE PROVISIONS Of ARTICLES 1049 TO 1056, BOTH INCLUSIVE, REVISED STATUTES Of TEXAS, 1925, EXCEPT AS OTHERWISE PROVIDED HEREON. (AMENDMENT ADOPTED NOVEMBER 23, 1939) SECTION S. ROLLS PRIMA FACIA EVIDENCE. SUCH ROLLS. WHEN APPROVED BY THE BOARD OF EQUALIZATION, OR A COPY THEREFROM CERTIFIED TO BY TME TAX ASSESSOR -COLLECTOR. UNDER HOS SEAL OF OFFICE, SHALL BE PRIMA FACIE EVIDENCE -THAT THE TAX ON THE PROPERTY IS DUE; THAT THE FACTS THEREON STATED ARE'TRUE AND THAT ALL PREREQUISITES REQUORED BY LAW PERTAINING TO THE LEVY AND ASSESS - MEM? OF TAXES AND RENDITION OF PROPERTY THEREFOR HAVE BEEN COMPLIED WITH. (AMENDMENT ADOPTED NOVEMBER 23, 1939) SECTION G. COLLECTION OF TAXES. THE CITY COUNCIL SHALL "AVC.. POWER TO PROVIDE FOR THE PROMPT COLLECTION OF TAXES; PRESCRIBE W'NEN TAXES AMC OUR; WHEN DELINQUENT, PRESCRIBE PENALTIES AND INTEREST FOR DELINQUENT TAXES; .AND SHALL ALLOW DISCOUNT FOR ADVANCE PAYMENT Of TAXES, NOT TO EX- CCED THE SUMS PROVIDED BY GENERAL LAW AND ARTICLE VIII, SECTION 20.,CON- STITUTION OF TEXAS;. PROVIDED THAT NO PERSON SHALL BE ELECTED MAYOR ON. - COMMISSIONER WHO OWES ANY DELINQUENT TAXES TO THE CITY. ALL TAXES DUt.THE CITY AND ALL FINES, FORFEITURE AND PENALTIES SHALL It COLL,ECT08LE.AND PAY- ABLE ONLY IN CURREMT MONEY OR CURRENT.FUNDS OF THE UNITED STATES. EXCEPT AS PROVIDED BY ARTICLE XI, SECTION 6, OF THE CONSTITUTION Of TEXAS. •(AMEND- MENT ADOPTED NOVEMBER 23, 1939) SECTION 7. VALID DESCRIPTION. ANY AND ALL DESCRIPTIONS .,Of PROPERTY,.AND ANY AND ALL DATES9 YEAR. VALUATIONS, TAXATIONS, NUMBERS. QUANTITIES OR AMOUNTS CONTAINED IN ANY ASSESSMENT ROLL OR $MEET.;,LAND TAX BOOK, PERSONAL TAX BOOK, OR DESCRIPTIONS CONTAINED IN ANY BOOK OR ROLL SMALL B[ SUFFICIENT AND VALID WHEN MADE OR STATED ON WHOLE OR IN PART. IN -41- ABBREVIATIONS, CONTRACTIONS OF WORDS, LETTERS, CHARACTERS OR FISURES; AMD_ WHEN SO MADE OR STATED SHALL BE DEEMED AND HELD TO BE FULLY AND FAIRLY MADE AND STATED AS THOUGI4 THE SAME HAD BEEN WROTTEN OUT ON'FULL. NO ERROR OR IRREGULARITY ON ANY SUCH BOOK OR PAPER RELATING TO THE LEVY, ASSESSMENT OR EQUALIZATOON OR COLLECTION OF THE TAXES OF THE CITY SHALL IN ANY MANNER AFFECT OR IMPAIR THE VALIDITY OF ANY TAX OR AtFECT THE PROCEEDOMGS FOR COLLECTION THEREOF; BUT THE CITY MAY INTRODUCE EXTRINSIC EVIDENCE, IF IT DESIRES $O TO DO, IN AID THEREOF. (AMENDMENT ADOPTED NOVEMBER 23, 1939) SECTION 8. DELINQUENT TAX SUITS. ALL TAXES DUE BY PROPERTY OWNERS• AS APPEAR UPON THE TAX ROLLS OF THE CITY, MAY BE COLLECTED BY SUIT FROM DELINQUENTS AND FORECLOSURE OF THE LIEN THEREON MAY BE HAD IN ANY COURT HAVING JURISDICTION OF THE SAME, AND ANY PERSON WHO SHALL HAVE PURCHASED PROPERTY ENCUMBERED WITH A LIEN FOR TAXES OR UPON WHICH TABLES ARE DUE SHALL BE DEEMED AS TO SUCH TAXES A DELINQUENT TAX PAYER WHO CANNOT INTERPOSE ANY DEFENSE EXCEPT SUCH AS HOS VENDOR MOGHT HAVE MADE BUT NO PERSONAL JUDGMENT SHALL BE RENDERED THEREFOR AGAONST ANY SUBSEQUENT PURCHASER. IT SNALL BE THE DUTY OF THE CITY ATTORNEY TO CAUSE SUIT TO BE ►ILEO AND PROSECUTED TO JUDGMENT FOR THE COLLECTION OF ALL DELINQUENT TAKES EXCEEDING TWENTY-FIVE DOLLARS WITHIN ONE YEAR AFTER THEY SHALL BECOME DELINQUENT. THE CITY COUNCIL MAY AUTHORIZE THE PROSECUTION OF SUIT AGAONST DELINQUENT TAX PAYERS OWING LESS THAN TWENTY-FOVE DOLLARS. SUCH SUITS SHALL BE PROSECUTED ON THE MANNER PROVIDED BY THE GENERAL LAWS OF TEXAS RELATIVE THERETO AND FORECLOSURE AND EXECUTION NAD, AND REDEMPTION MADE ON THE MANNER PRESCRIBED AND PERMITTED BY SUCH LAWS APPLICABLE TO MUNICIPAL CORPORATIONS. (AMENDMENT ADOPTED NOVEMBER 23, 1939) SECTION 9. EXTENSIONS AND REMISSIONS. IN NO CASE SHALL ANY OFFICER OF THE CITY RERMOT, DISCOUNT OR COMPROMISE ANY TAX LEGALLY DUE TO THE COTV, EXCEPT BY THE CITY COUNCIL ON MOTION DULY ►ABSED, U►ON ADVICE ON WRITING OF THE CITY ATTORNEY, AUTHORIZDNG SAME. THE CITY COUNCIL MAY BY GENERAL ORDIN- ANCE APPLICABLE TO ALL TAX PAYERS EXTEND THE TOME WHEN TAKES SHALL BECOME DELINQUENT AND PROVIDE FOR THE REMISSION OF PENALTY AND INTEREST UPON PAY- MENT OF DELINQUENT TAXES. THE CITY COUNCOL SHALL MAKE PROVISION TO BID IN PRO- PERTY AT TAX SALES FOR TAXES DUE OT WHEN THERE ARE NO •000!9*0 OFFERONG MORE THAN THE DELINQUENT TAXES, PENALTY, INTEREST AND COSTS. THE COUNCOL SHALL ALSO REQUORE THE CITY ATTORNEY TO INTERVENE ON ALL SUITS FILED ►OR TABLES UP- ON PROPERTY WITHIN THE CITY ON ALL ONSTANCES WHEN TAXES ARE DUE THE CITY THEREON. (AMENDMENT ADOPTED NOVEMBER 33, 1939) SECTION 10. AUTHORITY TO ISSUE BONDS. THE CITY COUNCIL SHALL HAVE THE POWER AND AUTHORITY, OF IT SO ELECTS, BY ORDONANCE DULY PASOED, TO BORROW MONEY ON THE CREDIT OF THE CITY FOR PERMANENT IMPROVEMENTS AND MAY ISSUE BONDS OF THE CITY TNEREFOR. IT SHALL ALSO HAVE THE POWER AND IS HEREBY AUTHORIZED TO OSSUE BONDS FOR THE PURPOSE OF REFUNDING OUTSTANDI" VALID BONDS OF THE CITY. NO BONDS SHALL BE ISSUED FOR ANY PURPOSE EXCE►T FOR PERMANENT IMPROVEMENTS AND TO REFUND OUTSTANDING VALID BONDS OF THE CITY; NO BONDS SMALL BE ISSUED FOR PERMANENT IMPROVEMENTS OR TO REFUND OUTSTANDING BONDS AT 44m THE SANE OR A HIGHER RATE OF INTEREST AND FOR SUCH MATURITIES THAT TNt AGGREGATE AMOUNT TO BE PAID ON REFUNDING PRINCIPAL AND INTERESTS WILL EXCEED THE AGGREGATE AMOUNT DUES PRINCIPAL AND INTERESTS ON THE ENTIRE OUTSTANDING ISSUES PROPOSED TO at REFUNDED, WITHOUT AN ELECTION THEREFOR. T*t CITY COUNCIL SHALL PRESCRIBE THE PROCEDURE FOR CALLING AND HOLDING SUCH ELECTIONSp SHALL DEFINE THE VOTING PRECINCTS AND SHALL PROVIDE FOR THE RETURN AND CANVASS OF THE BALLOTS CAST AT SUCH ELECTIONS. IF AT SUCH ELECTION A MAJORITY Of THE VOTE SHALL BE IN FAVOR OF CREATING SUCH DEBT OR REFUNDING OUTSTANDING VALID BONDS OF THE CITY9 IT SHALL BE LAWFUL FOR THE CITY COUNCIL TO ISSUE BONDS AS PROPOSED IN THE ORDINANCE SUBMITTING SAMES BUT IF A MAJORITY OF THE VOTE POLLED SHALL BE AGAINST THE CREATION OF SUCH DEBT OR REFUNDING SUCH BONDSp THE CITY COUNCIL SHALL BE WITHOUT AUTHORITY TO ISSUE THE BONDS. IN ALL CASES WHEN THE CITY COUNCIL SHALL ORDER AN ELECTION FOR THE ISSUANCE OF BONDS OF THE CITY, IT SHALL AT THE SAME TINE SUBMIT THE QUESTION WHETHER OR NOT A TAX SHALL BE LEVIED UPON THE PROPERTY OF THE CITY FOR THE PURPOSE OF PAYING THE INTEREST ON THE BONDS AND TO CREATE A SINKING FUND FOR THEIR REDCMPTIONo IN ALL ELECTIONS TO DETERMINE THE EXPENDITURE OF MONEY OR THE ASSVWTION OF DEBTp ONLY THOSE SHALL BE QUALIFIED TO VOTE WHO PAY TAXES ON PROPERTY IN THE CITY] PROVIDED9 THAT NO POLL TAX FOR THE PAYMENT OF DEBTS THUS INCURRED SHALL BE LEVIED UPON THE PERSONS DEBARRED FROM VOTING IN RELATION THERETO. NO BONDS SHALL BE ISSUED DRAWING MORE THAN FIVE PER CENTUM INTEREST PER ANNUM AND THEY SHALL NOT BE SOLD FOR LESS THAN PAR AND ACCRUED INTEREST. ALL BONDS SHALL EXPRESS UPON THEIR FACE THE PURPOSE FOR WHICH THEY ARE ISSUED. (AMENDMENT ADOPTED NOVEMBER 239 1939) *SECTION 11. BOND AND WARRANT LAWS APPLICABLE. SO FAR AS APPLICABLE AND NOT INCONSISTENT HEREWITH, THE BOND AND WARRANTY LAW OF 19310 AS HERETOFORE AMENDEDS SHALL GOVERN THE CONTRACTS OF THE CITY AND REVENUE BONDS* NOTES OR WARRANTS ISSUED BY IT." ANY SINKING FUND MAY BE INVESTED IN BONDS OF ANY COUNTY Ild TEXAB, OF THE STATE, OF THE UNITED STATES9 OR THE PURCHASE OF VALID BONDS OF THE CITY NOT YET DUES OR INVESTED IN ANY SECURITIES AUTHORIZED FOR INVESTMENT OF THE STATE SCHOOL FUND. ANY PERSON WHO SHALL WILLFULLY OR KNOWINGLY DIVERT OR USE SAID FUND FOR ANY OTHER PURPOSE THAN CREATED9 OR HEREIN AUTHORIZED TO BE INVESTED, SHALL BE DEEMED GUILTY OF A FELONY AND SUBJECT TO PROSTCUTIDN AS PROVIDED UNDER THE GENERAL LAWS FOR DIVERSION OR CONVERSION DF FUNDS BEm LONGING TO ANY MUNICIPALITY OF THE STATE (AMENDMENT ADOPTED NOVEMBER 23, 1939) .45 - *ARTICLE 823 ET SEOp, M .C.S. ARTICLE Vill PUBLIC UTILITIES, FRANCHISES AND LEASES SECTION (1) INALIENABILITY OF PUBLIC PROPERTY. THE RIGHT of comes TROL AND USE OF THE PUBLIC STREETSS HIGHWAYS, SIDEWALKSS ALLEYS, BRIDG+ESO PARKS' PUBLIC SQUARESS PUBLIC PLACES AND PROPERTY OF THE CITY IS HEREBY DECLARED TO BE INALIENABLE BY THE CITY, EXCEPT BY ORDINANCES NOT IN CONFLICT WITH THE PRO- VISIONS OF THIS CHARTER; PROVIDED, HOWEVER, THE COUNCIL MAY Br, ORDINACE GRANTS OR AUTHORIZE AN OFFICER OR EMPLOYEE OF THE CITY'TO GRANTS SIDETRACK OR SWITCH PRIVILEGE EASEMENTS TO COMMON CARRIERS TO AFFORD SWITCH PRIVILEGES AND CON- NECTIONS TO THE OWNERS OR USERS OF ANY INDUSTRIAL PLANTS OR BUSINESS ESTABLISH- MENTS, AND DAILY, WEEKLY OR MONTHLY USE PRIVILEGESS IN WHOLE OR IN PARTS OF CITY AUDITORIUMS, NALLSS BOAT DOCKSO AND OTHER PUBLIC BUILDINGS AND FACILITIESS ALL UPON SUCH TERMS AND WITH THE IMPOSITION OF SUCH CONDITIONS AND LIMITATIONS IN SUCH EASEMENTS AND USE PRIVILEGES AS THE COUNCIL MAY ELECTS AND WITH THE COUNCIL HAVING THE RIGHT AT ANY TIME TO FORFEIT ANY SUCH EASEMENT AND USE PRIVILEGE IRRESPECTIVE OF WHETHER OR NOT SUCH RIGHT OF FORFEITURE BE SPECIFIED IN SUCH EASEMENT OR USE PRIVILEGE. NO ACT OR OMISSION BY THE COUNCIL OR ANY OFFICE OR AGENT OF THE CITY SHALL BE CONSTRUED TO GRANT, RENEW, EXTEND, OR AMEND BY ESTOPPEL OR INDIRECTION ANY RIGHT, FRANCHISE, LEASE, EASEMENT OR USE PERMIT AFFECTING SAID PUBLIC STREET$, HIGHWAYS, SIDEWALKS, ALLEYS, BRIDGES, PARKS, PUBLIC SQUARES, PUBLIC PLACES AND OTHER PROPERTY OF THE CITY. (AMENDMENT ADOPTED MAY VVP 1955) SECTION (2) POWER TO GRANT FRANCHISE OR LEASE. THE COUNCIL SHALL HAVE THE POWER BY ORDINANCE TO GRANT, RENEWS AND EXTEND ALL FRANCHISES OF ALL PUBLIC UTILITIES OF EVERY CHARACTER OPERATING WITHIN THE CITY AND ALL LEASES .,OF PROPERTY OF THE CITY, AHD, WITH THE CONSENT OF THE FRANCHISE HOLDER OR THE LESSEE, -TO AMEND THE SAME; PROVIDED, HOWEVER, THAT NO FRANCHISE OR LEASE SHALL BE GRANTED FOR A TERM OF MORE THAN THIRTY (30) YEARS, AND THAT NO FRANCHISE OR LEAS� SHALL BE GRANTED, 9 TTEDTORTHEEXTENDED FOR A TERM OF EFIV (5D QUALIFIED VOTERS OF THECITYS AT AN ELECTION DULY CALLED FOR SUCH PURPOSE, THE QUESTION OF WHETHER OR NOT THE COUNCIL SHOULD ENACT THE PARTICULAR ORDINANCE GRANTING, RENEWING OR EXTENDING SUCH PARTI- CULAR FRANCHISE OR LEASES AND A MAJORITY OF SUCH QUALIFIED VOTERS VOTING AT SUCH ELECTION FAVOR THE ENACTMENT OF SUCH PARTICULAR ORDINANCE. THE QUESTION OF WHETHER OR NOT THE COUNCIL SHOULD ENACT ANY PARTICULAR ORDINANCE GRANTINGS RE- NEWING OR EXTENDING ANY PARTICULAR FRANCHISE OR LEASE FOR A TERN OF FIVE (5) YEARS OR LESS THAN FIVE (5) YEARS MAY BE BY THE COUNCIL SUBMITTED TO THE QUALIFIED VOTERS OF THE CITYS AT AN ELECTION DULY CALLED FOR SUCH PURPOSE; AND IF SUCH QUESTION BE SO SUBMITTED SUCH PARTICULAR ORDINANCE SHALL NOT BE ENACTED UNLESS THE SAME BE APPROVED BY A MAJORITY OF THE QUALIFIED VOTERS AT SUCH ELECTION* IF AT THE TIME A REQUEST IS MADE FOR THE CITY TO GRANTS RENEWS EXTEND OR AMEND A FRANCHISE, THE CITY IS THEN ENGAGED IN FURNISHING SIMILAR SERVICES POWERS ENERGYS FUEL OR SUBSTANCE WHICH IS PROPOSED TO BE FURNISHED BY THE PARTY SEEKING SUCH FRANCHISES RENEWALS EXTENSION OR ANENDMENTS THEN SUCH FRANCHISES RENEWALS EXTENSIONS OR AMENDMENTS SHALL CONTAIN THE PROVISION THAT THE CITY SHALL HAVE THE RIGHT AT ANY TIME WITHIN THE LAST TWO YEARS OF THE TERN THEREOF TO PURCHASE THE PROPERTY OF THE PUBLIC UTILITY FRANCHISE HOLDER WHICH IS SATMATEO WITHIN THE CORPORATE LIMITS OF THE CITY OF CORPUS CHRISTIS TEXASS AND UTILIZED IM CONNECTION WITH ITS OPERATIONS UNDER SUCH fRANCHISC AT A PROCS MOVALCHT TO THE THEN FAIR VALUE OF SUCH PROPERTYO WITH THE FACTORS TO OE TARtM ONTO ACCOUNT AND THE METHOD FOR OETERNOM ING SUCH PRICE TO GE AS SPCCOfOts 106 OTC* 11 Of SECTION (5) Or THIS ARTI CLEp AND Of AT THE T I est A RCIOUCST 10 Mot VOR THC CITY TO GRANTy RENEW# CXTENDO OR AMEND A FRANCHISED THE CITY IS NOT TmC" c""eE0 IN fURM1SHoNaa S$%OLAR SERVICE# POWSRp ENERGYp FUEL OR SUGSTAMCE WHICH S PROPOSED TO BE FURNISHED Bel• THE PARTY SCCAING SUCH fRANCHISEp RtMCWALp 86X= TENSION OR AM9M000CNTp THEN SUCH FRANCHISEp RENEWALp EXTENSION OR A09N000986T MAYO IN TME DISCRETION Of THE COUNCOLO CONTAIN THE ROONT TO PUR4CHAS9 MVOSOOIO RCFCRRCS TO NERC O NABOVr IN THIS PARAGRAPH o ' (AXENDOKNT ABOOT90 N♦AT �..'�955' SECTION (3) ORDINANCE GRANTING FRANCHISE. EVERY vasoNAMCt cagl`Ao4TON49 RENEW1NSg EXTENDONSp OR AMENDING A PUBLIC UTILITY FRANCHISE OR A LCASC OF PAOPm tRTY Of THE COTY SHALL BE READ AT THREE REGULAR WEETONGS Of TOIL COUNCIL# AND SHALL NOT Bot FINALLY ACTED UPON UNTIL THIRTY (30) DAY'S AFTER TNS I'IRIeT RSADO164 THEREOF, WITHIN FIVE (5) DAYS FOLLOWING EACH Of THC THROE REAOINSS OF VO4I altDINAMCtp THE FULL TEXT THEREOF SMALL BE PUBLISHED ONE TIME ON ML NtWSPAPCR Of GCNCRAL CIRCULATION ON THE C1TY8 AND THE CXPENSC Of SUCH PUBLICATION $WALL GE, BORNE 8Y THE PROSPECTIVE FRANCHISE HOLDER OR LESSEE. NO SUCH ORBIMAMCE SMALL B[COME EFFECTIVE UNTIL THE EXPIRATION Of SIXTY (60) DAYS FOLLOWINS THE OATS OF - ITS f196AL ADOPTION GY THE COUNCIL# AND EVERY SUCH OROOMANCEg FRANCNISC AND LEAH SHALL I09 SUSJFCT TO THE REFERENDUM PROCEDURT PROVIDED BY STATE LAW. (AwENOnxT ADOPTED MAY 251 1955) SECTION (4) TRANSFER OF FRANCHISE OR LEASE. No PU®Loc UTILITY fRAN CHOSE OR LEASE Of PROPERTY OF THE CITY SHALL BE TRANSFERRED BY THE HOLDER THEREOF EXCEPT WITH THE APPROVAL OF THE COUNCIL EXPRESSED BY ORDINANCE* (AMENDMENT ADOPTED MAY 219 1-955) SECTION.(5) REGULATION OF FRANCHISE. EVERY GRANT. REMEWALg EXTEN SIONO OR AMENDMENT OF A FRANCHISE TO A PUBLIC UTILOTYg AMD EVERY PUIL1C UTILITY OR OTHER COMPANY. FORMS OR INDIVIDUAL USING STREETSg PUBLIC PROPERTY OR SAS&MINTSp' WHETHER OR NOT FRANCHISEDp WHETHER 50 PROVIDED IN THE ORDINANCE OR 6rRAMCMISE OR NOT. SHALL BE SUBJECT TO THE RIGHT OF THE COUNCILS A: TO FORFEIT ANY SUCH FRANCHISE BY ORDIMANCC AT ANY TO84C FOR FAILURE Of THE HOLDER THEREOF TO COMPLY WITH TME TERMS Of THE FRANCHISCg GUT SUCH POWER SHALL BE EXERCOStO ONLY AFTER NOTICE AND HCARINGp AND IN CASE OF AN APPEAL WITHIN SIXTY (60) DAYS THE tffCCT Of A FORFEITURE SHALL BE SUSPENDED UNTIL JUOOCIAL4. DETERMONATIONo THE NOTICE SMALL STATE WHEREON THE FRANCNOSE HOLDER OR UTILITY COMPANY. FORM OR INDIVIDUAL HAS FAILCO TO COMPLY WITH THE TERMS OF THE fRANCHISCO OR WITH THC RC®UIRC= BENTS OF THIS CHARTER AND THE ORDINANCES AND REGULATIONS ADOPTED HEREUNDER. u_ ' TO ADOPT REASONABLE REGULATIONS CONCERNINS TM9 USE AND RESTORATION Of THE STREETSg EASEMENTS AND OTHER PUBLIC PROPCRTYp AND TO ADOPT REASONABLE REGULATIONS TO INSURE SAftg EFFICIENT AND CONTINUOUS SERVICE TO THE PUBLICO �. To REitUIRE SUCH tXPANS1aoN AND EXTtNBooN or PLANTS AND FACILITIES AS ARE NECESSARY To PROVIDE ADEQUATE SERVICE TO THE PUBLICO TAKING INTO CONSIDERATION THE COST OF THE CX - TENSION AND THE RATES CHARGED FOR THE SERVICE. lN TO REQUIRE EVERY PUBLIC UTILITY OR rRANCHOSt HOLDER TO FURNISH TO THE CITY WITHoUT COST TO THE CITY FULL INrOROOATOON REGARDING THE LOCATIONO CHARACTER AND EXTEIrnID;OF ALL FACILITIES or SUCH PUBLIC UTILITY OR FRANCHISE HOLDER IMO OVER$ UNDER OR USED UPON THE STREETS$ ALLEYSO EASEMENTS AND OTHER PUBLIC OR PRIVATE PROPERTY IN THE CITY; AND TO REGULATE AND CONTROL THE LOCATION$ RELOCATIONO OR REMOVAL of SUCH FACILITIES IN PUBLIC PROPERTY WITHOUT COST TO THE CITY. 17I TO REQUIRE EVERY PUBLIC UTILITY OR FRANCHISE HOLDER TO ALLOW OTHER PUBLIC UTILITIES TO USE ITS TRACKS$ POLES$ BRODGESO TUNNELSO AND VIAOUCTSO WHEREVER IN THE juoamENT Or THE COUNCIL SUCH USE SHALL BE IN THE PUBLOC INTERESTO PROVIDED THAT THE USE DOES NOT MATERIALLY INTERFERE WITH THE USE THEREOF BY THE OWNER FOR ITS PURPOSES NOR MATERIALLY IMPAIR THE SAFETY or SAID FACILITIES AND THAT IN SUCH EVENT THE COUNCIL SHALL FIX A REASONABLE RENTAL TO BE PAID TO THE OWNER or THE FACILITY FOR SUCH USED AFTER NOTICE TO THE INTERESTED PARTIES AND A NEARING OF THE FACTS. I(. TO PRESCRIBE THE FORM or ACCOUNTS TO BE KEPT BY ANY PUBLIC UTILITY OR FRANCHISE HOLDER$ PROVIDED THAT$ IN INSTANCES WHERE THE PUBLIC UTILITY OR FRANCHISE HOLDER SHALL KEEP ITS ACCOUNTS IN ACCORDANCE WETH A SYSTEM of ACCOUNTS ACCEPTABLE TO STATE OR FEDERAL REGULATORY AGENCIES SUCH FORM OF ACCOUNTS SHALL It ACCEPTABLE TO THE COU•N;IL. 7. To EXAMINE AND AUDIT AT ANY TIME DURING THE REGULAR BUSINESS HOURS, THE ACCOUNTS AND OTHER RECORDS OF ANY PUBLIC UTILITY OR FRANCHISE HOLDER. TO REQUIRE ANNUAL AND OTHER REPORTS$ INCLUDING REPORTS ON THE LOCAL OPERATIONS OF THE PUBLIC UTILITY OR FRANCHISE HOLDER$ WHICH SHALL BE IN SUCH FORM AND CONTAIN SUCH INFORMATION TAKtN rRow THE BOOKS AND RECORDS OF THE COMPANY AS THE COUNCIL SHALL PRESCR88E. TO REQUIRE AND COLLECT ANY COMPENSATION AND RENTAL NOT NOW OR HEREAFTER PROHIBITED BY THE LAWS or -THIS STATE. To REQUIRE SUCH PUBLIC UTILITY OR FRANCHISE HOLDERS WHO REQUEST AN INCREASE IN RATES$ CHARGES OR FARES$ TO RtINGURSE THE CITY FOR FIFTY PERCENT (50%) OF REASONABLE EXPENSE$ INCURRED IN EMPLOYING RATE CONSULTANTS TO CONDUCT INVESTISATIONS$ PRESENT EVIDENCE AND ADVISE THE COUNCIL ON SUCH REQUESTED INCREASE. 4g3k'. Ta PURCHAf _TOR THE COTY AT ANY TOMta WHERE 1PROVID90 FOR IN THE FRANCHISE OR REQUIRED BY THIS CHARTCR, WITHIN TME LAST TWO YEARS OF TME TERM OF AMY FRANCHOSE THE PROPERTY OF THE FRANCHISE HOLOEk WHOCH IS SITUATED WITHON THE CORPORATi LOM9Tf OF THE CITY OF CORPUS CHROST9, TEXAS, AND UTILIZED ON CONNECTION WITH ITS OPERATOONS UNDER SUCH FRANCHOSE AT A PRICE EQUIVALENT TO THE THEN FAOR VALUE OF -SUCH PROPERTY. TME DETERMINATION OF THE THEN FAIR VALUE OF SUCH PROPERTY SHALL TAKE INTO ACCOUNT ONLY THE TANGIBLE PHVSOCAL PROPERTY AND NO VALUE SHALL BE GIVEN TO THE FRANCHISE OR TO 00GOOD WOLLW OR TO %GOING CONCERNM OR TO OTHER INTANGIBLES. SUCH RIGHT OF THE CITY TO PURCHASE SUCH PROPERTY SHALL, IF EXERCOSED, BE DOME ON THE FOLLOWING MANNER% (1) AT ANY TIME WITHIN THE FIRST-YEAR OF SAID LAST -TWO YEAR PtR000 OF THE FRANCHISE TERM, THE COUNCIL MAY ORDER NOTICE -TO BE $OVEN TO THE FRANCHISE HOLDER THAT THE CITY DESIRES TO PURCHASE SUCH PROPERTVi AND UPON SUCH ORDER BEONO GIVEN THE CITY SECRETARY SHALL GIVE SUCH NOTOCE TO SUCH FRANCHISE MOLDER. ( .,WITNON SIXTY DAYS FROM THE DATE OF THE AFORESAID NOTOCE THE HOLDER OF SUCH FRANCHISE SHALL SUBMIT TO THE CITY A COMPLETE DETAOLED INVENTORY OF THE PROPERTY OF SUCH FRANCHISE HOLDER WDICM IS SITUATED WOTHON THE CORPORATE LOMOTS OF THE CITY OF CORPUS CHRISTO AND UTOLIZED ON CONNECTOON WITH ITS OPERATOONS UNDER SUCH FRANCHISE, AND DETAOLED MAPS SHOWONG THE LOCATOOM OF SUCH PROPERTY* AND SUCH FRANCHOSE HOLDEROS ESTIMATE OF THE THEN FAOR VALUE OF SUCH PROPERTY WHICH WOULD BE AN ACCEPTABLE PRICE FOR SUCH PROPERTY. 4t,�3j4 A*THE COUNCIL AND THE FRANCHISE HOLDER SHALL NAVE A PERIOD OF SIXTY DAYS AFTER THE RECEIPT BY THE COTV OF THE AFORESAID FRANCNOSE HOLDEROS INVENTORY ON WHOCH TO AOREE UPON TME AFORESAID THEN FAOR VALUE$ AND SHOULD THEY BE UNABLE TO AGREE WITHIM SUCH PEROOD THE AFORESAID THEN FAIR VALUE SHALL BE DETERMINED BY A BOARD OF ARBITRATION CONSOSTONG OF*THREE MEMBERS TO BE APPOINTED AS FOLLOWS% ONE MEMBER TO BE APPOINTED BY TME FRANCHISE HOLDER WITHIN THE PEROOD OF FOFTEEN DAYS FOLLOWONG TME tXPORATOON OF THE AFORESAID SIXTY DAY PER0009 ONE MEMBER TO BE APPOONTEO BY THC COUNCOL WOTHON THE PEROOD OF FOFTEEN DAYS FOLLOWON$ THE EXPIRA- TION OF THE AFORESAID SIXTY DAY PEROOD, AND THESE TWO SO APPOINTED SHALL WITHIN FIFTEEN DAYS THEREAFTER APPOINT THE THIRD ARBITRATOR WHO SMALL BE A TEXAS REGISTERED PROFESSOONAL ENGONEER. IF THE FRANCHISE HOLDER SHALL EITHER FAOL TO FURNISH TO THE CITY THE AFORESAID INVENTORY AND MAPS WOTHOH THE PERIOD ABOVE BO SPECIFIED OR FAIL TO APPOONT ITS ARBOTRATOR WOTHON THE AFORESPECOFIED FIFTEEN DAY PERIOD, THEN THE COUNCIL MAY APPOONT THE ARBITRATOR FOR THE FRANCHISE HOLDER. IF THE TWO ARBOTRATORS SHALL FAIL TO AGREE UPON AND APPOONT THE THORD ARSOTRATOR WITHOM THE AFORESPECIFOEB FOFTEEN DAY PEROOD9 THEN UPON WRITTEN APPLICATION BY THE COUNCIL THE THIRD ARBITRATOR MAY BE APPOONTED BY ANY QUALIFIED AND ACTING JUDGE OF THE DISTRICT COURT OF THE UNOTED STATES ASSIGNED TO THE CORPUS CHRISTI D6vos10N, SOUTHERN DISTRICT OF TEXAS, TO WHOM THE COUNCIL MAY APPLY t FOIL SUCH APPOINT08ENT$ AND IF ANY SUcH JUDGE OF SUcm DOSTR/CT COURT OF THE UNITED STATES SHOULD FAIL TO SO APPOINT INC TOGIRD ARBITRATOR WITHIN FIFTEEN DAYS AFTER SUCH APPLICATION BE FOLED WITH N 0 089 THEN UPON WRITTEN APPLICATION mY * THS COUNCIL THE .. TN O ROD ARBITRATOR MAY BE APPOINTED BY ANY QUALOFIEO AND ACTON$ JUDGE OF ANY DOsTRICT COURT OF NUEcES COUNTY, TEXAS# TO WHOM BOOS,COUNCIL OOAY APPLY FOR SUCH APPOINTMENT; PROVIDING SUCH APPLICATION BE 90ADC ON THE ORDER OF THEIR CREATION AS DISTRICT COURT OF,NUECES COUQITYo THE DECISION Of INC BOARD OF ARBIITRATORSp OR A MAJORITY THI$REOF# SHALL BE MADE WITHIN FORTY FIVE DAYS AFTER INC APPOINT• NITNT ®F TNT THIRD ARBOTRATOR$ AND IN THE EVENT INC BOARDS OR A MJORITY THEREOF, FAILS TO MAKE A DECISION WITHIN SUCH PERO-OD# NEW ARBITRATORS SHALL BE CHOSEN ON LINE MANNER AS IF NONE HAD BEEN PREVIOUSLY SELECTED'.. THE COSY OF THE ARBITRATOR APPOINTED BY THE CITY SMALL BE PAID BY THE CITY AND ?ME COST OF THE ARBO TRATOR APPOINTED BY THE FRANCMISE-H OLDER SMALL BE PAID BY INC' FRANCHISE HOLDER AND THE COST OF THE THIRD ARBITRATOR SHALL BE PAID ONE'NALF BY THE CITY AND ONE-HALF BY THE FRANCHISE HOLDER. IV) •UPON THE DETERMINATION OF THE THEN FAIR VALUE EITHER BY AOREEMENT OR BY SAID BOARD OF ARBITRATORSp THE CITY SMALL BT ALLOWED A PERIOD OF SIXTY DAYS FOR DETERMINATION OF WHETHER OR NOT THE CITY COUNCIL SHALL SUBMIT TO THE PROPER AND QOUALOFIED VOTERS OF THE CITY THE PROPOSITION OF WHETHER OR NOT TNS CITY SHOULD ACQUIRE THE PROPERTY SO SUBJECT TO PURCHASE BY THE COTYp AND.ISSUE BONDS IN SUFFICIENT AMOUNT T® PAY THEREFOR9 AND ON THE EVENT THE COUNCIL SMALL DETER040HE TO SUBMIT SUCH PROPOSOT'OON 70 THE QUALIFIED VOTERS OF THE COTYp SUCH ELECTION SHALL BS HELD WITHIN SIXTY DAYS FROM THE DATE OF SUCH DETERHONATOON. (V) IN THE'EVENT THAT SUCH PROPOSITION SHALL CARRY -AND. '.: THE ISSUANCE OF BONDS BE AUTMORIZEDp TMZN THE CITY SHALL HAVE NINETY DAYS WITHIN WHICH TO SELL SUCH BONDS AND TO.MAVE AVAO0.= ABLE THE PROCEEDS THEREOF FOR THE PURCHASE OF SAID PROPERTY AND BE ABLE TO COMPLETE THE PURCHASE OF SAID PROPERTY. (VI). THE T1.00E FOR ACTION BY EITHER PARTY. IN ANY ONSTANCT SMALL BE EXTENDED FOR SUcH PERIOID As SUcN PARTY OOAY BE RESTRADNED BY JUOICOAL DECREE. NT ADOPTED MAY A� 1955� SEciriom 6. . RCQAAATIONS OF (LEASE, EVERY ORANT9 RENEWAL# EXTENSION OR AMENDMENT OF A LEASE OF PROPERTY OF THE C0TY9 WHETHER SO PROVIK0I IN THE LEASE .i OR NOT# SHALL -BE SUBJECT TD TME ROQMT OF TNT COUNCOL8 9. TO TERMINATE SUCH LEASE BY ORDINANCE AT ANY TIBRIE fOlt FA0LUSE OF THE IoSSSEE. TO COMPLY WITH THE TEROlS OF "THE LEAST OR THE UP" OF THIS -SECTION, SUCH POWER TO BE EXERCISTO ONLY AFTER NOTICE AND HEARING. 2. TO IMPOSE REASONABLE REGULATIONS TO INSURE PROPER CARE, MAINTENANCEy AND UPKEEP OF THE PROPERTY Or THE CITY. 3. TO PRESCRIBE THE FORM OF ACCOUNTS TO BE (SEPT BY EVERY LESSEE IN INSTANCES WHEREIN THE RENTAL OR THE LICENSE rttS PAYABLE TO THE: CITY IS DETERMINED IN WHOLE OR IN PART BY THE VOLUME Of SU31NESS DONE BY THE LESSEE OR BY ANY SALES OR REVENUES or THE LESSEE. 4. TO EXAMINE AND AUDIT AT ANY TIME DURING REGULAR BUSINESS HOURS THE ACCOUNTS AND OTHER RECORDS Or ANY LESSEE. 5. TO REQUIRE ANNUAL AND OTHER REPORTS, INCLUDING REPORTS ON THE OPERATIONS OF THE LESSEE, WN ICH SHALL BE IN SUCH FORM AND CONTAIN SUCH INFORMAAION AS THE COUNCIL SHALL PRESCRIBE. (AMENDMENT ADOPTED MAY a 1955) SECTION 7. REGULATION OF RATES. THE COUNCIL SHALL HAVE FULL POWER, AFTER NOTICE AND HEARING, TO REGULATE BY ORDINANCE THE RATES, CHARGES AND FARES Of EVERY PUBLIC UTILITY OR FRANCHISE HOLDER OPERATING IN THE CITY; PROVIOCSi THAT NO SUCH ORDINANCE SHALL BE PASSED AS ANY EMERGENCY MEASURE. ANY PUBLIC UTILITY OR FRANCHISE HOLDER REQUESTING AN INCREASE IN ITS RATES, CHARGES, OR FARES SHALL HAVE, AT THE NEARING ON SUCH REQUEST, THE BURDEN Of ESTABLISHING BY CLEAR AND CONVINCING EVIDENCE THE VALUE OF ITS PROPERTY AND THE AMOUNT AND CHARACTER OF ITS EXPENSES AND REVENUES. NO PUBLIC UTILITY OR FRANCHISE HOLDER SHALL IN- STITUTE ANY LEGAL ACTION TO CONTEST ANY RATE, CHARGE, OR FARE FIXED BY THE COUNCIL UNTIL SUCH PUBLIC UTILITY OR FRANCHISE HOLDER HAS FILtD A NOTION FOR REHEARING WITH THE COUNCIL SPECIFICALLY SETTING OUT EACH GROUND Of ITS COMPLAINT AGAINST THE RATE, CHARGE OR FARE FIXED BY THE COUNCIL, AND UNTIL THE COUNCIL SHALL HAVE ACTED UPON SUCH MOTION, OR HAD A PERIOD Or SIXTY (60) DAYS WITHIN WHICH TO ACT UPON SUCH MOTION FOR REHEARONG. (AMENDMENT ADOPTED MAY :bV 9955) SECTION 8. EFFECT ON FRANCHISES EXISTING PRIOR TO MAY 299 9955. IT I$ NOT THE PURPOSE Of THIS SECTION OR OTHER SECTIONS PERTAINING TO rRANCHOSES,, LEASES AND PUBLIC UTILITIES TO AMEIMD OR ABROGATE FRANCHISE OR CONTRACT RII$HTS PREVIOUSLY AGREED TO IN GOOD fA1TH, AND ACCORDINGLY ANY REVISION Of THE CHARTER SHALL NOT AMEND, ENLARGE OR DIMONISH THE FRANCHISE OR CONTRACT RIONTS IN ANY FRANCHISE OR CONTRACT MADE EFFECTIVE PRIOR TO SUCH REVISION Of THE CHARTCR, UNLESS OTHERWISE PROVIDED IN THE FRANCHISE. (AMENDMENT ADOPTCO MAY 24V 1955) SECTION 9. FORFEITURE OF OFFICE. NEITHER THC MAYOR NOR ANY OTHER MEMBER Of THE COUNCIL, NOR ANY ELECTIVE OR APPOINTIVC oFrlctR or THE COTYD SHALL It DIRECTLY 1N THC EMPLOY Or ANY PERSON, COMPANY OR CORPORATION# HOLOINA OR SECKING TO MOLD ANY fRANtMI SE FROM THE CITY OF CORPUS CHRISTI. ANY VIOLATION Or THIS SECTION SHALL IPSO FACTO RENDER VACANT THC OFFICE HCLD BY INC PERSON S® VIOLATING IT. W ITMER THC MAYOR NOR ANY OTHER MEMBER OF THC COUNCIL, NOR ANY ELECTIVt OR APPOINTIVE OFFICER Or THE CITY SHALL, WNILC HOLDING orrict OR ®OIONG IN INC -EMPLOY Of THE CITY, ACQUIRE, RENEW OR AMEND ANY LEASC WITH OR FROM THE CITY or CORPUS CHRISTI OR BE PECUNIARILY INTERESTED IN ANY LEASE GRANTCOp RENEWED OR AMENDED DURING THE TIME HE HOLDS ANY sUCH OFFICE OR IS IN THE EMPLDY Or INC CITY. ANY LEASE, RENEWAL OR EXTCNSION MADE OR ATTEMPTED TO It MADE IN VOOLATION Of THIS SECTION SMALL SE NULL AND VOID. (AMENDMENT ADOPTED MAY Ito 1955) SECTION 10. LEASES OF LAND OR INTERESTS IN LAND FOR OILS GAS' OR MINERALS. IN THE MAKING OF ANY OILY GAS OR MINERAL LEASE CONCERNING ANY LANDS OR MINERAL LEASE CONCERNING ANY LANDS OR MINERAL INTEREST BE- LONGING TO THE CITY, THE FOLLOWING PROCEDURE SHALL BE FOLLOWEDB THE CITY COUNCIL SHALL CAUSE NOTICE OF ITS INTENTION TO LEASE ANY SUCH LANDS OR MINERAL INTERESTS, DESCRIBING THE SAME, BY PUBLICATION OF -SUCH NOTICE 191° SOME NEWSPAPER PUBLISHED IN THE COUNTY➢ HAVING A GENERAL CIRCULATION THERE- IN, ONCE A WEEK FOR A PERIOD OF THREE (3) CONSECUTIVE WEEKS, DESIGNATING THE TIME AND PLACE AFTER SUCH PUBLICATION WHERE THE CITY COUNCIL WILL RE- CEIVE AND CONSIDER BIDS FOR OIL, GAS OR MINERAL LEASES THEREON. IN CALLING FOR BIDS FOR ANY SUCH LEASE OR LEASES, THE CITY COUNCIL, IN ITS DISCRETION, MAY 3PECIFY8 (1) A FIXED ROYALTY, FIXED RENTALS AND A FIXED PRODUCTION PAYMENT OR OVERRIDING ROYALTY, WITH THE AWARD OF THE LEASE OR LEASES TO BE MADE TO THE BIDDER WHO OFFERS THE GREATEST, AMOUNT OF CASH BONUS IN ADDITION TO THE FIXED ROYALTY, RENTALS AND PRODUCTION PAYMENT OR OVERRIDING ROYALTY SO SPECIFIED; OR (Z) THE AMOUNT OF THE CASH BONUS TO BE PAID FOR ANY SUCH LEASE OR LEASES AND A MINIMUM ROYALTY➢ AND AWARD ANY SUCH LEASE OR LEASES TO THE BIDDER WHO OFFERS THE CASH BONUS SPECIFIED AND THE GREATEST ROYALTY RENTALS, PRODUCTION PAY- MENT OR OVERRIDING ROYALTY IN EXCESS OF THE MINIMUM ROYALTY SO SPECIFIEDo THE CITY COUNCIL ON THE DATE SPECIFIED IN SUCH NOTICE SMALL RECEIVE AND CONSIDER ANY AND ALL BIOS SUBMITTED FOR THE LEASING OF SAID LANDS OR INTERESTS THEREIN PROPOSED TO BE LEASED AND SHALL AWARD THE LEASE OR LEASES TO THE HIGHEST AND BEST BIDDER SUBMITTING A 010 FOR EACH LEASE ON THE,BASIS PRE- SCRISEp IN SAID NOTICE; PROVIDED, HOWEVER, THAT (A) NO SUCH e LEASE SHALL PROVIDE FOR A ROYALTY OF LESS THAN ONE-EIGHTH (1/8) OR EXTEND FOR A PRIMARY TERM IN EXCESS OF TEN (10) YEARS FROM THE DATE OF ITS EXECUTION AND AS LONG THEREAFTER AS PRODUCTION IS OBTAINED OR DRILLING OR REWORKING OPERATIONS, AS DEFINED IN ANY SUCH LEASE, ARE CONDUCTED; (B) IN NO EVENT SHALL THE CITY COUNCIL BE REQUIRED TO AWARD ANY SUCH LEASE OR LEASES TO THE HIGHEST BIDDER THEREFOR IF THE CITY COUNCIL SMALL DETERMONE IN ITS DISCRETION THAT SUCH BIDDER IS NOT FINANCIALLY ABLE E,ITMER TO MAKE PAYMENT OF ANY BONUS REQUIRED TO BE PAID ACCORDING TO SUCH BID OR TO DISCHARGE THE OBLIGATIONS OF THE LESSEE UNDER ANY SUCH LEASE OR LEASES, AND (C) IF IN THE JUDGMENT OF THE CITY COUNCIL NO BID SUBMITTED ON ANY DESIGNATED TRACT OR INTEREST THEREIN EQUALS THE FAIR MARKET VALUE AT THAT TIME OF A LEASE THEREONO THE CITY COUNCIt9 IN ITS DISCRETION, MAY REJECT ALL BIDS ON SUCH TRACT OR INTEREST AND AGAIN CALL FOR BIDS THEREON ON EITHER BASIS SET OUT ABOVE, WITH THE PROCEDURE THEREFOR PRESCRIBED ABOVE TO BE FOLLOWED. �es'i�s;n IN NO EVENT SHALL ANY LEASE BE AWARDED TO ANY PERSON., FIRM OR .CORPORATION EXCEPT ON THE GIVING Of NOTICE AND COM- PLIANCE WITH THE PROCEDURE HEREIN PROVIDED AND SHOULD ANY SUCH LEASE BE AWARDED WITHOUT COMPLIANCE WITH THE PROCEDURE HEREIN SPECIFIED HAVING BEEN FOLLOWED THE SAME SHALQJ,.BE VOID AND OF NO FORCE AND EFFECT. (AMENDMENT ADOPTED MAY ;*o 1955) —SECTION 11. PNER Of EMINENT DOMAIN. IN ADDITION TOg AND NOT 1N SUBSTITUTION FOR ANY OTHER ACQUISITIONS PROCEDURE PROVIDED •Y LAW OR BY THIS CHARTER,, THE CITY SHALL HAVE THE RIGHT AND POWER TO ACQUIRE ANY PUBLIC UTILITY., PUBLIC UTILITY SYSTEM., OR ANY PORTION THEREOF UNDER THE POWER OF EMOHENT.DOWAIN OF THE CITY; AND SUCH ACQUISITION UNDER POWER OF EMINENT DOMAIN WAY BE EXERCISED AS FOLLOWSS 1. NO PROPERTY SHALL BE TAKEN WITHOUT ADEQUATE COMPENSATION BEING MADE., UNLESS BY THE CONSENT OF THE OWNER ANDY WHEN TAKEN SUCH COMPENSATION SHALL BE FIRST MADE9 OR SECURED BY A DEPOSIT OF MONEY. IF THE AMOUNT OF COMPENSATION SHALL NOT BE AGREED UPON9 THE CITY COUNCIL SMALL CAUSE TO BE PREPARED ON BEHALF Of THE CITY A STATEMENT IN WRITING CONTAINING A DESCRIPTION OF THE PARCEL OR PARCELS Of PROPERTY SOUGHT TO BE TAKEN,, THE NAMES Of OF THE OWNER OR OWNERS THEREOF -y IF KNOWN. THE STATEMENT SHALL BE FILED WITH THE JUDGE OF A COUNTY COURT AT LAWS 1F SUCH COURT EXISTS IN THE COUNTY WHERE THE COTY OF CORPUS CHRISTI IS SITUATED; OTHERWISE., WITH THE COUNTY .JUDGE OF SUCH COUNTY. UPON FILING THE STATEMENT THE JUDGE SHALL FORTHWITH., IN TERW9 TIME OR VACATIONS APPOINT A COMMISSION CONSISTING OF THREE (3) DISINTERESTED PERSONS,, AT LEAST TWO (2) OF WHOM SHALL BE LICENSED ENGINEERS IN THE SCIENCE OF CIVIL ENGINEERING. AND ALL THREE.OF WHICH COVMOSS1ONERS SHALL BE FREE HOLDERS OF SAID COUNTY AND QUALIFIED VOTERS,, AND SAID COMMISSIONERS SHALL ASSESS THE DAMAGES -TO ACCRUE TO SAID OWNERS,,`" OR OTHER INTERESTED PARTIES9 BY REASON OF CONDEMNATION Of SAID PROPERTY. 2. 1N EVENT OF THE DEATHS DISABILITY,, REFUSAL TO ACTS INCAPACITY FOR ANY REASONS OR ABSENCE FOR MORE THAN THIRTY DAYS FROM SAID COUNTY OF ANY COMMISSIONER APPOINTED. AT ANY TIMES THE JUDGE .SHALL FORTHWITH APPOINT A NEW COMMISSIONER OR COMMISSIONERS HAVONG THE QUALIFICATIONS HEREIN PRESCRIIBEDS WHO SHALL SUCCEED TO AND EXERCISE ALL THE POWERS AND DUTIES OF THE COMMISSIONER OR COMMIS- SIONERS ORIGINALLY APPOINTED,, AND VACANCIES SO CAUSED IN SAID COMMISSION SHALL BE SO FILLED BY THE JUDGE WHENEVER THEY OCCURn BUT ALL PROCEEDINGS OF SAID COMMISSIONERS PRIOR TO SAID VACANCY SHALL BE VALID AND IT SHALL NOT BE ,NECESSARY FOR.THE•COMO SSIONERS THEN QUALIFIED AND ACTING TO AGAIN 00 ANY ACT OR TAKE ANY PRO- CEEDING ALREADY DONE OR PERFORMED., BUT SAID COMMISSIONERS SHALL. PROCEED AFTER THE FILLING OF SAID VACANCY AND TAKE ALL STEPS AND DO ALL THINGS PROVIDED TO BE NONE HEREUNDER AS IF NO SUCH VACANCY HAD OCCURRED. g. THE CITY SECRETARY$ OR RECORDING OFFICER OF THE CITY$ OR THE SAID COMM13SION IT3ELF9 SHALL GIVE WRITTEN NOTICE TO THE OWNERS OF PROPERTY PROPOSED TO BE TAKEN OR DAMAGED AND TO ALL PERSONS HAVING ANY INTEREST IN OR LIEN UPON SAID PROPERTY$ OF A HEARING BEFORE SAID COMMISSIONS WKICH NOTICE SHALL STATE THE TIME AND PLACE OF HEARINGS AND MAY CONTAIN A BRIEF STATEMENT OF THE'NATURE AND EXTENT OF THE PROPOSED IM- PROVEMENTS AND A DESCRIPTION OF THE PROPERTY PROP03CO TO BE TAKEN9* SUCH DESCRIPTION MAY BE BY LOT AND BLOCK NUMBERS FRONT FEET$ THE NAME OF THE OWNER OR OWNERS$ OR BY ANY OTHER DE- SCRIPTION WHICH WILL SUBSTANTIALLY IDENTIFY SAID PROPERTY* NOTICE OF SAID HEARING SHALL BE GIVEN BY PUBLICATION IN A NEWSPAPER OF GENERAL CIRCULATION IN THE COUNTY IN WHICH THE PROPERTY IS SITUATED$ NOT LESS THAN THREE SEPARATE DAYS$ THE FIRST PUBLICATION TO BE NOT LESS THAN TEN DAYS PRIOR TO THE DATE OF HEARING* NOTICE BY PUBLICATION SHALL BE VALID AND BINDING UPON THE REAL AND TRUE OWNERS OF PROPERTY AND ALL PERSONS HAVING AN INTEREST IN OR LIEN UPON THE SAME$ IF IT SHALL GENERALLY NOTIFY THEM TO APPEAR AND BE HEARD$ WITHOUT SPECIFICALLY DESIGNATING SAID PARTIES BY NAMES AND NO ERROR OR MISTAKE IN THE NAME OF ANY PERSON TO WHOM SAID NOTICE IS DIRECTED SHALL INVALIDATE THE SAME. SAID NOTICE SHALL ALSO BE SERVED BY DELIVERING TO SAID OWNERS$ LIENHOLDERSS OR IN- TERESTED PARTIES$ IF RESIDENTS OF THE COUNTY WHERE SAID PROPERTY IS SITUATED$ OR TO THEIR AGENT OR ATTORNEYS OR IF A MINOR TO THE GUARDIAN THEREOF., A COPY OF SAID NOTICE. THE PERSON SERV ING SAID 1NOTICE SHALL MAKE AND FILE WITH THE CLERKS SECRETARY OR RECORDING OFFICER OF THE CITY A RETURN IN WRITING THEREON$ STATING WHEN AND HOW HE SERVED SAID NOTICE. THE CITY COUNCIL MAY PROVIDE FOR OTHER AND ADDITIONAL NOTICES BUT NOTICE BY PUBLICATION SHALL IN ALL CASES BE VALID AND BINDINGS WHETHER OTHER NOTICE IS GIVEN OR NOT. THE CITY COUNCIL MAY PROVIDE FOR AND CAUSE TO BE GIVENS IN ACCORDANCE WITH DUE PROCESS OF LAWS ANY OTHER AND ADDITIONAL NOTICE OF ANY OTHER HEARING WHICH MAY BECOME OR BE DEEMED NECESSARY UPON THE VACATION OF THE OFFICE OF A COMMISSIONER AND APPOINTING OF A NEW ONES OR FOR ANY OTHER REASONS AND TO PROVIDE FOR SUCH HEARINGS AND THE NATURE AND EFFECT THEREOF$ AND TO CAUSE AS MANY AND DIFFERENT HEARINGS TO BE HELD IN THE COURSE OF CONDEMNATION PROCEEDINGS AS MAY BE DEEMEDNECE33ARY. SAID NOTICES$ AND THE RETURN THEREON$ SHALL BE FILED WITH THE CITY AND PRESERVED IN ITS RECORDS. 4.' BEFORE PROCEEDING WITH SAID HEARINGS THE CITY SMALL CERTIFY BY CERTIFICATE EXECUTED BY ITS MAYOR AND CITY COUNCIL THAT THE CITY*HAS AVAILABLE IN ITS TREASURY SUFFICIENT FUNDS EXPENDABLE FOR THE PURPOSE OF ACQUIRING THE PROPERTY SOUGHT TO BE ACQUIRED$ AND NOT OTHERWISE APPROPRIATED$ IN AN AMOUNT EQUAL TO THE LOWEST AMOUNT NAMED BY THE OWNERS OF THE UTILITY SYSTEM SOUGHT TO BE ACQUIRED$ OR THE PORTION THEREOF SOUGHT TO BE ACQUIRED$ AND IN THE EVENT NO VALUE WAS PLACED BY SAID OWNERS OF SAID UTILITY SYSTEM ON SAID PROPERTY$ THEN THE CERTIFICATE SHALL SHOW THE AVAILABILITY OF AN AMOUNT EQUAL TO THE VALUATION PLACED ON �55� SAID PROPERTY BY A VALUATION EMG 0 MEER OR FIRM- 6 N ALL CASES THE VALUE TO BE USED SHALL BE THE AMOUNT WHICH WILL PROVIDE ADEQUATE COMPEN3AT-I®N FOR THE PROPERTY TO BE TAKEN., DAMAGED OR DESTROYED9 OR APPLIED TO PUBLIC UBE MY THE ACQUISITION ON THE PART OF THE CITY OF THE PROPERTY DESCRIBED 19 THE STATEMENT FILED WITH THE JUDGE. ' 5. HEARINGS SHALL BE ADJOURNED AND SHALL BE KEPT OPEN UNTIL ALL PARTIES INTERESTED AND APPEARING SMALL BE FULLY HEARD, ALL OWNERS., INTERESTED PARTIE39 OR LOENHOLDERS SHALL HAVE THE RIGHT TO APPEAR AT SAOD HEARONGS ON PERSON OR BY i9ENT OR ATTORNEYS AND BE HEARD AS TO THE VALUE OF PROPERTY PROPOSED TO BE TAKEN OR'AS TO THE DAMAGES TO PROPERTY NOT TAKENS RESULTING FROM THE 1MPROYEMENTg OR AS TO THE LEGALITY OR REGULARITY OF THE PRO— CEEDINGS OR ANY RIGHT OF SAID OWNZRS AND OTHER PARTIES. ALL OBJECTIONS OR CONTESTS SHALL BE IN WRITING AND FILED WITH SAID COMMISSION. WHEN ALL PARTIES HAVE SEEN HEARD THE COMM 0 SS 1 ON SHALL CLOSE THE HEARING AND FOND THE DAMAGES DUE OWNER39 LIEN- HOLDERS9 OR OTHERS 1NTERE3TEDS FOR PROPERTY TAKEN OR DAMAGE09 AND SHALL IN THEIR F0ND0N43 APPORTION BETWEEN THEN THE AMOUNTS PAYABLE TO EACH9 AND SHALL DATE AND SIGN A REPORT ON WROTONSS 1N DUPLICATE9 ONE OF WHICH REPORTS SHALL BE FILED WITH THE CITY SECRETARY OR RECORDINGS OFFICER OF THE CITY, AND ONE WITH THE CLERK OF THE COURT BY WM03E JUDGE THE COMM 0 SS 1 ON WAS APPOINTED. 6. ALL PROCEEDINGS OF THE CITY COUNCIL'bFITN REFERENCE TO SUCH CONDERNATIONg AS WELL AS ALL NOTICES ISSUED 9N CONNEC�ION"THERE— WITHS RETURNS THEREOF., ORDERS., REPORTS., AND OTHER PROCEEDINGS OF THE C%WXOSSIONg AND CERTIFIED COPIES OF ALL ORDERS OR PRO -4 CEE61NGS OF ANY JUDGE OR COURT WITH REFERENCE THERETO, WAY W RECORDED IN THE MINUTES OF SAID CITY COUNCOLg AND SAID RECORDS OR CERTIFIED COPIES THEREOF AND THE ORIGINAL !SHALL RE PRIMA FACIE XVI DEA CE OF THE TRUTH OF ALL FACTS THEREIN RECITED. 7. ANY PARTY AFFECTED BY THE DEC1310N OF SAID COMM0 SSION WHO SMALL SE DISSATISFIED THEREVOT-Mg SHALL., WITHIN TEN DAYS AFTER THE FILYNA OF SAID REPORT WITH SAID uJUDGE9 FILE IN NIS COURT IN OPPOSITION THERETO., SETTING FORTH ON WRITING THE PARTICULAR CAUSE OR CAUSES OF 0EIJECTION9 AND THEREUPON THE ADVERSE PARTY ' OR PARTIES SHALL BE CITED ARID SAID CAUSE SHALL BE TRIED AND VECIDED AS OTHER CIVIL CAUSES ON SAID COURT. IF NO ONJECTOONS ARE FILED WOTH SA 0 D .JUDGE WITHIN SA0D TOME, HI1: SAALL CAUSE THE SAID REPORT TO WE ENTERED 1N THE H0MUTES OF HIS COURT-. ND MAKE THE (SAME THE JUDGMENT THEREOF9 AND MAY 03SUE TNT NECESSARY PROCESS TO ENFORCE THE *AWE. UPON THE EXPORATION'®F SAID TIME FOR FILING OBJECTOONS., THE FINDINGS OF SAID COMAOSS1Ok SHALL-®ECGHE FOSIAL AND MINDING UPON THE PART0ES9 THEIR KXIRS9 SUCCESSOR$ AND AS302MSg AND SHALL NOT THEREAFTER It QUESTIONED IN ANY PROCEEDONG. �o SAOD C0091,IISSIONE*9 SHALL EACH It CWTIT'L&D TO RECEIVE AS COMPENSATION FOR EVERY DAY IMPLOYED BY THEN ON THE PERFOROflAIOCE OF THEIR DUTIES A FEE EQUAL TO THE USUAL AND CUSTOMARY FEES PAID TO LICENSED MEMBERS OF THEIR PRO- FESS I ON FOR PROFESB 0 ®NAL SERV 0 CES o_. THE COW 0 SS I ONER'S . SMALL ATTACH TO T%t IR F0ND0NOS A STATEMENT OF THIt FEES CALCULATED BY THEN TO BE DUE FOR THEOR SERVICES. 9. IF THE CITY ON THE CONDEMNATION PROCEED0NSS SHOULD DESIRE TO ENTER UPON AND TAKE POSSESSI®N OF TMC PROPERTY SOUsNT TO BE CONDENNEDg PENDING LIT04AT0ON9 IT MAY DO 30 AT ANY TINE AFTER THE AVARD OF . THE CONNO SS 0 0MERSg UPON FOLLOWI NS THE CONDITIONS AND PROVISIONS SET FORTH IN ARTICLE 3268 OF THE DEVISED CIVIL STATUTES OF TEXASg 99259 AS AMCK090. M UPON THE DATE DEPOSIT IS MADE OF THE'AWOUNT OF SAID AWARD AND COSTSg THERE SHALL BE AN AWJUSTNENT AS 40AY BE -®ETIKRM U XZD ZY A CERTIFIED PUSL 0 C ACC6494TANT ° S AUDIT . OF THE CUSTOWER°S ACCOUNTg DEPOSITS OF CUSTOMERSg AND/OR OTHER FUNDS RELATED TO THE-OPERATOON OF THE UTILITY-SYSTENg.OR.SUCH P0R- T 0 ON THEREOF AS 13 BEING ACQUIRED . By THE CITY AMD ADJUSTED TO THE TINE OF ACTUAL TAHINcs OF POSSESSODN BY THE COTYD ONm CLUD O NB SUCH NEW CUSTOkIt,COM CT 0 ONS AS WAY HAY9 BEEN V *ADE` S Q�It�E .THE TIME OF :THE HEAR 0 NA CONDMCTED 8DY THE. COR80UU 559 ®NERSg LESS ANY WOTHORAwIALs or PROPERTY FOR PAYIOENTS OF ACCOUNTS OR DEPOSITS AS WAY HAVE TAKEN PLACE WITHIN THE SAKE PEROOOo (ANINOWZMT ADOPTED MAY 21A& 1955) . SECTION 12. PUBLIC UTILITIES. THE CITY SHALL. NAVE POWER TO OWN, MAINTAIN AND OPERATE, WOTHON OR WITHOUT THE CITY LIMITS, COMPLETE WATER SYS - hills, GAS PWITS, ELECTROC SYSTEIgS, SEWER SYSTEMS, SEWERAGE PLANTS9'A6ATTOIRS FERTTLPBER PLANTS AND OTHER PLANTS OR SYSTEMS, INCIDENT TO THEIR EFFECTUAL USE, AND THE CITY COUNCIL SHALL PASS APPROPRIATE ORDINANCES FOR THE MAINTENANCE AND OPERATION THEREOF AND FOX THE COMPENSATION TO BE CHARGED THEREFOR.THE CITY SHALL HAVE POWER TO PURCHASE ELECTRICITY, GAS, OIL OR ANY OTHER ARTICLE USED. BY THE PUBLIC ON SUCH TERMS AS THE CITY COUNCIL MAY DEEM PROPER, FOR SALE AND DOSTROBUTEON TO THE INHABOTANT'J OF THE COTY AND ADJACENT TERRITORY; PRO VIDEO, THAT NO CONTRACT OF (PURCHASE BINDING THE CITY FOR A LONGER PERIOD THAN FIVE YEARS SHALL BE VALID UNLESS AUTHORIZED BY AN ELECTION AT WHICH A MAJORITY OF THOSE VOTING SHALL FAVOR THE MAKING OF SUCH CONTRACT.(AMENDMENT ADOPTED NOVEMBER 23, 1939) SECTION 13. FRANCHISE HOLDERS REQUIRED TO GIVE TRANSFERS: THB' CITY COi*COL SMALL HAVE POWER_TO REOUORE ANY,COMMON CARRIER OF PASSENiERS IN OR THROUGH THE CITY TO ISSUE TO ITS PASSENGERS TRANSFERS FROM ITS LOPES TO ANY OTHER LOVES WITHIN THE CITY, UPON PAYMENT BY THE PASSENGER OF THE FARE OR RATE PRESCRIBED FOR ONE CONTINUOUS PASSAGE. IT SHALL BE UNLAWFUL TO CONTINUE, ' AMEND OR EXTEND ANY STREET, RAILROAD OR OMNOBUS FRANCHISE WOTHOUT BONpING SUCH CARRIER TO GIVE UNIVERSAL TRANSFERS UNDER PROVISIONS TO BE drQIfcD.sY GENERAL ORDINANCE. (AMENDMENT ADOPTED NOVEMBER 23, 1939) 4$ -SECTION 14. REGULATION OF.UTILITY RATES. THE CITY COUNCIL SHALL HAVE POWER TO FIX AND REGULATE THE PRICE OF WATER, GAS, ELECTRIC LOGHTS AND POWER, AND TO REGULATE AND FIX THE TOLLS AND CHARGES OF LOCAL TELEPHONES AND EXCHANGES; THE TARIFFS OF PUBLIC CARRIERS; AND TO FOX AND REGULATE THE RATESQ TOLLS OR CHARGES OF ALL UTOLITIES AND SERVICES OPERAT- ONG UNDER A FRANCHISE GRANTED BY THE CITY. (AMENDMENT ADOPTED NOVEMBER 23, 1939) SECTION 13. RIGHT TO REGULATE PUBLIC UTILITIES. -THE RIGHT IS HEREBY GRANTED TO THE CITY OF CORPUS CHROSTI TO REGULATE ALL PUBLIC UTILITOES IN SAID COTY AND TO REQUIRE EFFOCOENCY OF PUBLOC SERVICE, AND TO REQUIRE ALL PERSONS OR CORPORATIONS TO DISCHARGE THE DUTIES AND UNDERTAKINGS FOR THE PERFORMANCE OF WHICH THE RESPECTIVE FRANCHOSES WERE MADE. (AMENDMENT ADOPTED NOVEMBER 23, 1939) SECTION 16. WATER AND GAS CONNECTIONS, THE CITY SHALL HAVE THE POWER TO PERMIT, PREVENT AND REGULATE THE LAYING OF GAS, WATER AND SEWER MAINS AND POPES ON THE CITY OF CORPUS CHRISTI PROVIDED, HOWEVER, THAT ANY WATER 09 SEWER MAON OR POPE MAY BE LAOD ON ANY PUBLIC STREET OR ALLEY SHALL THEREUPON OMMEDOATELY BECOME THE PROPERTY OF THE CITY OF CORPUS CHRISTI. WHEN ANY PRO- PERTY SHALL,BE ANNEXED TO THE CITY, ALL MAONS AND PIPES THEREON BEYOND THE PROPERTY LONE SHALL, UPON ANNEXATION, BECOME THE PROPERTY OF THE CITY. TO COMPEL ANYONE USONG TWE STREETS, ALLEYS, OR SODEWALKS FOR THE PURPOSE OF LAYONG GAS OR WATER MAINS AND POPES, SEWER POPES, OR FOR BUOLDONG OR OTHER PURPOSE; TO REPAIR, CLOSE OR RESTORE SAID STREETS, SIDEWALKS AND ALLEYS, SO USED. NO CONNECTION AT THE CITY LOMOTS TO SERVE USERS OUTSIDE THE CITY SHALL BE MADE WOTH THE FACOL/TOES OF EOTHER THE WATER OR9GAS SYSTEM OPERATED BY THE CITY UNLESS THE PLANS AND SPECIFICATIONS FOR THE MAINS OR POPES SO PROPOSED TO BE CONNECTED TO THE C9TY0S FACOLOTOES SHALL CONFORM TO THE SPECOFICATOONS AND REQUIREMENTS APPROVED BY THE COTY ENGINEER AND PUBLOC SERVICE COMMOSSOONER. THE CITY COUNCOL SHALL BY ORDINANCE PROVIDE FOR THE ACQUISITION OF SUCH FACOLOTOES OUTSIDE THE CITY LIMITS TO WHOCH BTS FACILI- TOES MAY BE CONNECTED, PAYMENT FOR WHICH ON NO EVENT SHALL EXCEED THE ACTUAL ORIGINAL COST OF SUCH PROPERTY, AND TO BE PAOD SOLELY FROM THE RE- VENUES OF PATRONS SERVED BY SUCH FACOLITOES TO BE ACQUORED. (AMENDMENT ASOPTED NOVEMBER 23, 1939) k -57. 1 ARTICLE IX GENERAL PROVISIONS AND POWERS SECTION 1. CORPORATE POWERS. THE CITY SHALL HAVE PERPETUAL SUCCESSION; MAY USE A COMMON SEAL; MAY SUE AND BE SUED; MAY MAKE CONTRACTS ABOUT ALL MATTERS AND THINGS WITHIN ITS CORPORATE POWERS; MAY TAKEp HOLD AND USE PROPERTYO WITHIN OR WITHOUT THE CORPORATE LIMIITSp NEEDED FOR PUBLIC PURPOSE; MAY SELL ANY PROPERTY OWNED BY IT AND NOT NEEDED FOR MUNICIPAL PUR- POSE; AND SHALL ENJOY ALL 0-IGHTSp IMOMIUNITIESO POWERSPRIVILEGES AND FRANCHISES HEREIN GRANTED. (AMENDMENT ADOPTED NOVEMBER 239 99391 SECTION 2. ENUMERATION NOT EXCLUSIVE. THE ENUMERATION OF PARTI- CULAR POWERS IN THIS CHARTER SHALL NOT BE DEEMED EXCLUSIVEp BUT I -N ADDITION TO THE POWERS ENUMERATED THE CITY SHALL HAVE POWER TO DO ALL THINGS NECESSARY TO EFFICIENT MANAGEMENT AND CONTROL OF THE MUNICIPAL PROPERTY AND TO PROMOTE THE GENERAL WELFAREp NOT FORBIDDEN BY THIS CHARTERp THE GENERAL LAWS OR THE CONSTITUTION OF THE STATE OF TEXAS. IN ADDITION TO THE POWERS HEREIN OTHER— WISE GRANTEDp THE CsTY SHALL HAVE ALL POWERS ENUMERATED IN ARTICLE 19759 REVISED STATUTES OF TEXASp 9925,9 AS HERETOFORE AMIENDED9 AS THOUGH SUCH STATUTE WERE SET FORTH HEREIN. (AMENDMENT ADOPTED NOVEMBER 239 9939) SECTION 3. POWERS OF ORDINANCE. THE CITY COUNCIL SHALL HAVE POWER TO ENACT AND ENFORCE ALL ORDINANCES NECESSARY TO PROTECT HEALTHp LIFE AND PROPERTY., TO PREVENT., ABATE AND REMOVE NUISANCES; TO PRESERVE AND ENFORCE GOOD GOVERNMENT ORDER AND SECURITY; AND TO ENACT AND ENFORCE ALL ORDINANCES NECESSARY TO THE EXERCISE OF ITS CORPORATE POWERS AND DUTIES. (AMENDMENT ADOPTED NOVEMBER 23p 9939) SECTION 4. PROPERTY OF THE CITY. ALL PROPERTY OF THE CITYp OWNEDp HELD IN TRUST FOR PUBLIC PURPOSEp USED AND CONTROLLED BY IT AND ALL PROPERTY - HEREAFTER ACQUIRED SHALL CONTINUE TO BE SO OWNEDp HELDp USED AND CONTROLLED BY THE CITY; AND ALL RIGHTS OF ACTION HERETOFORE ACCRUED AND CAUSES PENDING IN THE COURTS SHALL IN NO WISE BE AFFECTED BY THE AMENDMENT OF THIS CHARTER BUT ALL SUCH RIGHTS AKD ACTIONS SHALL CONTINUE UNABATED. (AMENDMENT ADOPTED NOVEMBER 23, 9939) SECTION 5. ACQUISITION OF REAL PROPERTY. THE CITY SHALL HAVE POWER - TO ACQUIRE BY PURCHASE, GIFTp DEVISE OR THE EXERCISE OF EMINENT DOMAIN ALL REAL PROPERTY NEEDED FOR PUBLIC PURPOSE. THE POWER OF EMINENT DOMAIN MAY BE EXERCISED IN ANY MANNER PROVIDED BY THE GENERAL LAWS OF THE STATE of TEXAS PERTAINING TO EMINENT DOMAIN EXERCISED BY CITIES AND TOWNS. (AMENDMENT ADOPTED NOVEMBER 239 9939) SECTION 6. CONTROL OF PUBLIC PROPERTY. THE CITY COUNCIL SHALL HAVE POWER TO ESTABLISHp CONSTRUCTp ALTERp CLOSEp ASOLISHp EXTENDp PAVEp IMBPROVE9 SUPER— VISE AND MAINTAIN PUBLIC STREETSp ALLEYSp SIDEWALKS., TUNNELS AND BRIDGES; PROVIDED THAT., NO STREET OR ALLEY SHALL BE ESTABLISHED OR CLOSED EXCEPT AFTER NOTICE THEREOF BY PUBLICATION ONCE IN THE OFFICIAL -NEWSPAPER AND IN ANOTHER PAPER OF GENERAL CIR- CULATION IN THE CITY AND BY BAIL TO THE LAST KNOWN ADDRESS OF ALL OWNERS ABUTTING SAID STREET OR ALLEY AND WITHIN FOUR HUNDRED FIFTY FEET THEREFROM AND HEARING DULY HELD BY THE COUNCIL; TO ACQUIRE., MAINTAIN AND SUPERVISE PUBLIC PARKSp MIUSEUM9p AQUARIA., STADIA AND PLAYGROUNDS; LANDS., BUILDINGS AND FACILITIES NEEDED THEREFOR AND FOR ALL PUBLIC PURPOSES, AND TO SELL# RENT OR LEASE PORTIONS THEREOF NOT NEEDED FOR MUNICIPAL PURPOSES; TO OMPROVE THE WATER FRONT OF THE CITY AND TO REGULATE ITS USE; TO ESTABLISH YACHT BASINS AND OTHER FACILITIES, MAINTAIN THEN AND REGULATi* TWEIR USE; TO PRESCRIBE MO REGULATE THE USE BY PERSONS AND CORPORATIONS HOLDINGS FRA06CH1SES FROM THE CITY OF STREETS, WAYS; ALLEYS AND OTHER PUBLIC PROPERTY OF THE CITY; TO PREVENT ENCROACHMENTS OF EVERY CHARACTER UPON 4TREET3, SIDEWALKS, ALLEYS, WAYS AND OTHER PUBLIC PROPERTY AND TO REQUIRE THE REMOVAL OF ANY SUCH ENCROACHMENT; TO PRESCRIBE RULES AND REGULATE THE CON- STRUCTION AND NAONTENANCE OF'SIGN3 AND STRUCTURES ABUTTING PUBLIC WAYS AND PROPERTY OF THE CITY; TO ESTABLISH FIRE LOMIT3 AND PRESCRIBE AND REGULATI: THE CONSTRUCTIOM, REPAIR AND (MAINTENANCE OF BUILDINGS AND STRUCTURES WITHIN SUCH FIRE LIMITS AND TO REQUIRE THAT STRUCTURES THEREIN DEEMED BY THE CITY COUNeOL AS UNSAFE OR CONSTIT15TING AN UNDUE FORE HAZARD BE RAZED OR REPAIRED; AND TO DO ALL THINGS NECESSARY TO THE PROPER USE AND OCCUPANCY OF PROPERTY OF THE CITY.* THE CITY COUNCIL SMALL HAVE POWER BY ORDONANCE TO PROVIDE FOR PAYONG AND REPAIRING THE PUBLIC STREET39 CONSTRUCTING AND REPAIRING STORM SEWERS, CURB39 GUTTERS AND SIDEWALIR3 ABUTTING THEREON. THE CITY MAY PROVIDE FOR THE PAYMENT OF THE COST THEREOF BY THE ISSUE OF BONDS, OR FROM MONEYS ON THE GENERAL FUND NOT OTHERWOSE A "ROPROATED; OR,MAY PROVIDE FOR THE ASSESSMENT OF SUCH COST OR A PORTION THEREOF AGAINST THE ABUTTING PROPERTY OWNERS AND MAY FIX A LIEN AGAINST SUCH ABUTTING PROPERTY ON ANY MANNER CITIES AND TOWNS ARE NOW AUTHORIZED BY THE GENERAL LAWS 30 TO DO; PROVIDED, HOWEVER, THAT THE CITY OF CORPUS CHROSTI SMALL NOT BE LIABLE IN DAMAGES FOR ANY INJURY OR IN- JURIES TO PERSONS OR TO PROPERTY ON ACCOUNT OF ANY DEFECT IN ANY SIDEWALRO CURB OR GUTTER IN THE CITY. (AMENDMENT ADOPTED NOVEMBER 23, 9939) 1 SECTION 7. AIRPORTS, THE CITY COUNCIL SMALL HAVE POWER TO E3TABL03H, MAINTAIN AND OPERATE iN AIRPORT OR AIRPORTS, WITHIN OR WITHOUT THE CITY LIMIT3�-A*O -LANDING FiEL03, RADIO BEAMS,'BEACONS AND OTHER APPARATUS � NECESSARY THEREFOR, AND TO MAKE SUITABLE CHARGES FOR THEIR USE. `AMENDMENT ADOPTED NOVEMBER 23i1939) SECTION 8. REGULATION OF VEHICLES. THE CITY COUNCIL SMALL HAVE POWER TO REGULATE THE SPEED OF ALL VEHICLES *RIVEN AND OPERATED WITHIN THE CITY LIMITS; TO REQUIRE RAILWAY COMPANIE3 TO KEEP THE STREETS OVER WHICH T'MEY OPERATE PROPERLY DRAINED, LIGHTED AND PAVED, FAILING IN WHICH THE CITY MAY 30 DO AND ASSESS ALL OR A PORTION OF THE COST AfAINST SUCH CARRIER AND FIX A LIEN AGAINST ITS PROPERTY THEREFOR; AND TO PRESCRIBE RULES FOR THE CONSTRUCTION AND MAINTENANCE OF TRACKS AND SWITCHE3. No RAILWAY, OMNIBUS OR PUBLIC CARRIER SHALL USE OR OCCUPY ANY STREET NOT PREVIOUSLY USED OR OCCUPIED BY IT WITHOUT PRIOR PtItMIS30ON OF THE CITY COUNCIL. (AMENDMENT ADOPTED NOvEINER 938 9939) SECTION 9. HARBOR AND WATER FRONT. THE CITY SHALL HAVE POWBrR, ALONE, OR WITH THE YHOTED STATES, NUECES COUNTY NAVIGATION DISTRICT NUMBER ONE, GR'ANY OTHER MUNICIPAL CORPORATION, TO ACQUIRE AND MAINTAIN YACHT BASINS,, ►IE1113, DOCKS, AND WAREHOUSES ADJACENT TO THE WATER FRONT OF THE C'ITYJ TO CONTROL; MAINTAIN, IMPROVE AND REGULATE THE USE OF CHANNELSO DOCKS, PIERS, BRIDGES AND SLIPS ADJACENT THERETO; TO LOCEN3E, REGULATE AND CONTROL THE LANDING, ANCHORAGE, *SALE OF PARR PROPERTY S UBJCCT To ART. 90179 V.T.C.So MOORAGE, AND MOVEMENT OF VESSELS WITHIN THr MAR®ORS OF THE CITY; TO EMPLOY A HARBOR MASTER AND SUCH OTHER PERSONS AS ARE NECESSARY TO EFFECTUATE THE PROVISIONS OF " 13 SECTION; AND TO tial THE TOLLS AND CHARGES TO BE MADE FOR THE USE OF SUCH FACILITIES AND PROVIDE FOR THEIR COLLECTION. (AMENDMENT ADOPTED NOVEMBER 23, x'939) SECTION 10. CHARITIES AND CORRECTIONS. THE CITY SMALL HAVE POWER TO ESTABLISH, MAINTAIN AND REGULATE SUCH HOSPITALS, ORPHANAGES, RE- FORMATORIES, WELFARE AGENCIES AND SCHOOLS OF CORRECTION AS IT MAY DEEM EXPEDIENT; TO ESTABLISH, MAINTAIN AND REGULATE THE CITY PRISONS AND WORK - MOUSES; TO ESTABLISH POOR FARMS AND TO PROVIDE FOR THE CORRECTION, PUNISH- MENT AND EDUCATION OF YOUTHFUL DELINQUENTS, WAIFS AND NEGLECTED CHILDREN. (AMENDMENT ADOPTED NOVEMBER 23, 1939) SECTION 11. BURIAL GROUNDS AND CREMATORIES. THE CITY COUNCIL SHALL HAVE POWER TO REGULATE BURIAL GROUNDS, CREMATORIES AND CEMETERIES, TO PRESCRIBE RULES FOR OR PROHIBIT BURIAL WITHIN THE CITY LIMITS; AND REQUIRE THE REMOVAL OF BODIES IN CEMETERIES WITHIN THE CITY AND THEIR INTERMENT OUT- SIDE THE CITY LIMITS AT THE COST OF THE CITY. (AMENDMENT ADOPTED NOVEMBER 23, 1939) SECTION 12. UNWHOLESOME FOODS. THE CITY COUNCIL SHALL HAVE POWER TO REGULATE AND LICENSE ALL PERSONS ENGAGED IN THE PROCESSING OR SALE OF MILK, MEATS, FISM, VEGETABLES, FRUITS AND ALL FOODSTUFFS; TO INSPECT AND REGULATE THE SANITARY CONDITIONS OF RESTAURANTS, CAFES, MOTELS, MARKETS AND STORES WHERE FOOD AND FOODSTUFFS ARE KEPT OR EXPOSED FOR SALE; TO CONDEMN ALL SUCH ARTICLES NOT WHOLESOME OR FIT FOR HUMAN CONSUMPTION; AND TO PROVIDE PENALTIES FOR VIOLA- TION OF ANY ORDINANCE PASSED PURSUANT TO THIS SECTION. (AMENDMENT ADOPTED NOVEMBER 23, 1939) ,- h '-- -- SECTION 13.- FINES. THE OR0114ANCES OF -TME CITYj- AMONG 'OTHER MEANSj" SHALL BE ENFORCED BY A FINE NOT TO EXCEED TWO HUNDRED DOLLARS ($200.00); PRO- VIDED, TMA'T NO ORDINANCE SHALL PROVIDE A LESSER PENALTY THAN IS PRESCRIBED FOR A LIKE OFFENSE BY THE LAWS OF THE STATE. THE CITY COUNCIL MAY PROVIDE FOR THE COIA,UTATION OF FINES IMPOSED BY LABOR IN A WORKHOUSE OR UPON THE P-VBLIC STREETS, PARKS, PLAYGROUNDS AND PUBLIC WAYS OF THE CITY OR IN ANY OTHER LAWFUL MANNER AND FOR THE COLLECTION Of ANY FINE IMPOSED BY EXECUTION ISSUED -AND LEVIED AS EXECUTION IN CIVIL CASES. tAMEMDMENT ADOPTED NOVEMBER 23, 1939) SECTION 14. CONTRACTS. NO CONTRACT SHALL EVER BE MADE 9/M/CM BINDS THE CITY TO PAY FOR PERSONAL SERVICES TO OE RENOEREO FOR ANY STATED PERIOD OF TIME; BUT ALL CONTRACTS FOR PERSONAL SERVICE SMALL BE RESTRICTED TO THE DOING Or SOME PARTICULAR ACT OR TH1NO$ AND UPON ITS CONPLET1091 110 FURTHER LIABILITY SHALL EXIST ON THE PART Or THE CITY. MOR SMALL THE CITY OR ANYONE ACTING FOR 17 MAKE ANY CONTRACTS VOR GOODS$ MATERIALS$ SERVICES OR SUPPLIES FOR THE CUIIREMT USE OI• ANY DEPARTWCNT OF THCUUMICIPALITY FOR MORE THAN ONE YEAR$ EXCEPT AS IN TNI• CHARTER PROVIDED., UNTIL INCLUDED IN THE BUDGET AND AN APPRO►111ATION ALAS SEEN MADE THEREFOR$ AND NO CONTRACT OR PURCHASE SHALL EXCRED ?MR AMUNT APPROPRIATED. ALL CONTRACTS$ EXCEPT FOR PROFESSIONAL SERVICES# SHALL OR MADE UPON SPECIFICATIONS; AND NO CONTRACT SHALL BE *INOINB UNTIL IT HAS BEEN (I) CXAOOIN90 BY THE CITY ATTORNEY AND HAS BEEN EITHER APPROVED NY WIN OR HIS OBJECTIONS THERETO HAVE BEEN FILED WITH TME COUNCIL# AND (11) IT HAS BEEN BIOMED BY THE CITY MANAGER AND THE DIRECTION OF FINANCR. MAAEN- SWIM THE CONTRACTS CHARGED TO ANY APPROPRIATION SHALL E411AL TMST AOWVNT OF THE APPROPRIATION$ THE DIRECTOR Or FINANCE SMALL SOON NO ADDITIONAL CON- TRACT CHARGEABLE TO SUCH APPROPRIATION. ANY CONTRACT FOR CIOIMEIIT EXPQAIOI TINTS EXCEE0I1114, TME BUDGET OR THE APPROPRIATION THEREFOR SMALL OR VOIN. AFTER APPROVAL Or SPECIFICATIONS BY THE CITY MANAGER ANN CITY COUNCIL# ADVERTISEMENT SHALL BE PUBLISHED IN THE OFFICIAL NEWSPAPER# TO BE NAMED BY THE CITY COUNCIL$ AT LEAST ONCE IN EACH WEEK FOR TWO CSNGCCU= TIVE WEE11S# INVITING COAOPETITIVE BIDS FOR LABOR AND MATERIALS 908RACCO IN THE PROPOSED CONTRACT. ALL BIDS SUBMITTED SMALL BE SEALEO ANO DELIVERED TO THE CITY PURCHASING AGENT# OR TO THE CITY SECRETARY. AT THE TOME ANNOUNCED IN SUCH NOTICE THE BIDS SMALL BE OPENED IN THE P09S9NCE K A MAJORITY Or THE CITY COUNCIL. THEREAFTER ALL BIOS SMALL -REMAIN OO/ FILE FOR AT LEAST rORTYoE1GHT HOURS BEFORE ANY AWARD IS /LADE AND NO AWARO SHALL OE MADE EXCEPT TO ONE Or SUCH BIDDERS. THE COUNCIL SMALL NETER111XIE TNR MOST ADVANTA090US BID FOR THE CITY AND SMALL AWARD THE CONTRACT TO SOCH BIDDER$ BUT THE COUNCIL SHALL ALWAYS HAVE THE RIGHT TO REJECT ANY AND ALL BIDS AND IN THE EVENT ALL BIOS ARE REJECTED,, SMALL CALL FOR NEW BIOS AT ITS DISCRETION$ WHICM NEW BIDS SHALL BE ADVERTISED IN LINE MANNER AS THE ORIGINAL BIDS. PENDING ADVERTISEMENT OF SUCH PROPOSED CONTRACTS# T18E SPItC 1 r 1 CAT I ONS SMALL BE cm F I LE IN TILE ®F r i CE or T"c CITY HAmAgRR# DIRECTOR OF THE DEPARTMENT CONCERNED$ OR CITY PURCHASING AOEHT# SUBJECT TO TOLE INSPECTION Or ALL PERSONS DESIRING TO BID. NO CONTRACT SMALL EVER BE AUTHORIZED EXCEPT BY ORDINANCE OR NOTION DULY PASSED BY THE CITY COUNCIL AND SIGNED BY THE CITY MANAGER AND DIRECTOR Or FINANCE; PROVIDED# WSIWRVER# THAT# WITHOUT SUCH AUTHORIZATION AND WITHOUT THE CONTRACT BEING SOONER BY THE DIRECTOR Or FINANCE# THE CITY MANAGER SHALL HAVE AUTHORITY TO CONTRACT FOR EXPENDITURE FOR ALL BUDGETED ITEMS NOT CXCEEDINS W9 TMOUSANO DOLLARS! ($1#000). ALL CONTRACTS 1NVOLVIN141 mat THAN ®NE TNOUSA080 DOLLARS ($1#0mb# L EXCEPT CONTRACTS FOR PCOISMAL 01SI0VICJTSg a IST BE ADVERTIBEN AS DRSCRINRO IN Two* SECT 1 ON. ( AMRN11movT ANWIto MAY v, 1953' Im SECTIon 15. DELEGATED POWERS. A. To BUYp CONSTRUCTS OWNp MAINTAIN AND OPERATE A.SYETEA OF WATER WORBtSp GAS OR ELECTRIC LIGHTING PLANTSp TELEPHONES, STREET CARE ANO sawc*Sp OR ANY @THEA PUBLIC UTILITY SERVICE OR ENTERPRISES THAT WAY BE APPROVED BY A MAJORITY VOTE or THE PROPERTY TAX PAYERS Or SAID CITYp VOTINS YNCRErOR AT A SPECIAL ELECTION HELD roR THAT PURPOSEp IN ACCORDANCE WITH THE PROMS/"S Or THIS ACT; AND IT MAY otmAN0 AND RECEIVE Co(MPERIEATIOM vaR SUCH SERVIcc FURNISHED FOR PRIVATE USES AND TO THIS END SHALL HAVE POWER TO CONDICM THE PROPERTY Or ANY PERsoNp r1R90 OR CoRPoRAT1oN MECESQIARY To THE DiSTRI@Uv I®IA Or SUCH SERVICE THROUGHOUT THE CITY AND ANY PART THEREOF; PROVIDED THAT IN SUCH CON09"NATION PROCEEOINSS NO ALLOWANCE SMALL BE MADE FOR T04E VALUC If ANY FRANCHISE GRANTED BY THE CITYp AND ONLY ACTUAL PHYSICAL ASSET® SMALL DE PURCHASED BY THE CITY OF CORPUS CHRISTI; AND MAY BORROW MONEY ON 400E CREDIT Or THE CITY AND 133UC BONDS THEREroRp AS HEREINBEFORE PROVIDED. - S. To PURCHASE ANY or sUCH PUBLIC UTILITIES UPON A FOUR FIFTH$ VOTE OF TILE CITY COUNCILp BY A PAYMENT OF CASH OF NOT LEES THAN FIVE PER CENT Or THE ENTIRE PURCHASE PRICE Or SUCH UTILITY, THE IBALAMCE ON VEVAL' ANNUAL INSTALLMENTS INCLUDING INTERESTp EVIDENCED ®Y NOTES Sla*10 BY THE MAYOR AND COUNTERSIGNED BY THE, CITY CONTROLLERp AND THAT SUCH DORMS So PURCHASED AHO THE REVENUES THEREOF SHALL STAND PLED490 FOR THE PAYMENT OF THE AMOUNT OUE THEREONp BUT THE CITY OF CORPUS CHRISTI SHALL NOT OTHERVOSE BE LIABLE THEREFOR$ AND JUDGMENT SHALL NEVER BE PINDERE® UPON ANY DEFERRED.- MOTE p REQUIRING THE CITY TO PAY ANY SPEC 1 F IED SUM of MONEY BY REAgSO00 or SUCH PURCHASES BUT SUCH JUDGMENT SHALL BE MERELY ONE OF FORECLOSUREp DIVEST® INS AMC DEPRIVING THE CITY Of THE TITLE AND POSSESSION OF THE PROPERTY SB PURCHASED BUT NOT PAID rORp AND IN WHICH EVENT THE CITY SMALL FORFEIT AND LOSE ONLY THE CASA PAYMENTS THAT NAVE BEEN BBAIIE OF THE AGREED PRICIj PRO- VIDED THAT NO PURCHASE OR EXPENDITURE SMALL BE (MADE UNDER THIS SECTION UNLESS tHE PROPOSITION SMALL FIRST HAVE SEEN SUSMITTED TO A VOTE Of THE NlU&L BF0ED TAX -PAYING VOTERS Of SAID CITY Of CORPUS CHRISTI., AT AN ELECTION NCLO EX- CLUSIVELY FOR THAT PURPOSE. C. To PASS ORDINANCES FOR THE CONDEMNATION Of PROPERTY FOR THE PURPOSE or OPENING OR WIDENING THE STREETS OF THE CITY 001 ANY OTHER NECESSARY MUNICIPAL PURPOSE$ COMFORMING THE MODE AXO wANNEPI or sucm C®NDEMNATTON TO THE RULES PRESCRIBED FOR CITIES AND Towsis BY THE GENERAL LAMS or THIS 'STATE. D. To oErINE NUISANCES AND BY ADEQUATE PENALTIES TO PREVENT OR ABATE THE SAME -UPON REASONABLE NOTICE TO THE OWNER AND TO 01OU6IRC ®R CAUSE THE ABATCHENT AND (REMOVAL Of ALL NUISANCES WITHIN 701 CITV.. E. TO DETERO i NIC THI: MANNER Or BATHING AND SW 0.MM I NG ON THE VATERS ADJOINING THE CITY AND WITHIN THE CITY LIMITS AND TO PREVENT ANY 006SCE0E 001 INDECENT EXPOSURE OR CONDUCT THEREIN. F. To ACQUIRE out owes WITHIN opt WITHOUT THE CITY LIMITS, EITHER BY PURCHASE$ DONATION$ BEQUEST OR OTHER`dISE# ALL PROPERTY! IT 019AY NEED FOR ANY. MUNICIPAD. PURPOSES WHATEVER; AND ALL NECESSARY RIGHT or WAYS TMERETDp AN® "ALL ALSO NAVE THE POWER TO SELL AND DISPOSE Or THE *AMC E86CEPT AS OTHEII® WiBE PsavIcko IN TM1s ACT. (AMENDMENT ADOPTED Navustm 21p 9939) SECTION 16. AUDITORIUM AND LIBRARY. THE CITY COUNCIL SMALL HAVE, THC RIGHT TO ESTABL 1 SIDS, PROVIDE &ND MAINTAIN A CITY ASIDITORIUM; *HALL ADEQUATE- LY FINANCE AND MAINTAIN THE PUOL_I C` LIBRARY NOW BELON2I NS0 TO THE Cory., AN* 01Nowm AS LA RCTAMA LiBRARYS, AND MAY ESTABLISHg PROVIDE AND MAINTAIN ALL OTHER M910 - FOIL BUILDINGS FOR THE USE OF THE CITY; MAY PROVIDE FOR I NCLOS I NGS, 0 O✓IIPROV I NSS, ORNAMCNTING AND REGULATING ALL PUBLIC GROUND$ OF TH9: CITY$ AND WAY ESTABLISH AND PROVIDE HOSPITALS, REGULATE AND MAINTAIN SAME AND TSTABLI$N AN XCTIa:E SYIITCM OF INSPECTION OVER PREMISES AND CONDUCT of PERSONA,. (AMENDMENT AOOPTTD NOvE9/BTR 23, 1939; SECTION PREVIOUSLY AMENDED APRIL 309 1926o) SECTION 17. CONTROL OF -SIDE WALKS AND STREETS. To PRCVEOeT ANY $TACTION SIDEWALK FROM BEING DUG UP Olt'EXCAVAT0ORI3 TO QBE MADEIXTREINS, UNLESS TNT $AMC BE DONC WITH THE PERMISSION OR CONSENT OF THE STREET CONXI SSIGOVAN OR CITY COUNCILS, AND UNDER THE SUPERVISION OF THE CITY ENtSINCERg OR OTHER OFFICIER DCSIGNATED BY THE CITY COUNCILS, AND TO PRESCRIBE AMC EXACT FCC$ FOR SUCH PRIVIa LC4CS, AND DEPOSITS AS GUARANTEES OF PROPER *ESTORATIoN OF SUCH STRCITS OR SIVENALKS. To REGULATE, ESTABLISH AND CHANGE THE GRAD& OF ALL 1099YALKS9 STRCCTS AND PRCM13CS AND TO REQUIRE AND COMPEL THE FOLLOWS UP AND RAISINS OR LOWERING THE !Apia. (ADOENDDQENT ADOPTED NoVENB,ER 239 1939.) GENERAL PROV I S I ONS SECTION 18. ACTION BY CITIZENS. ANY CITIZEN WHO 02 A P01*PtmTY TAX PAYER of THE CITY OF CORPUS CHRISTI MAY MAINTAIN AN ACTION IN THE Peened COURT TO RESTRAIN THE EXCCUTIoN of Amy ILLEGAL, UNAUTHORIZED OR FRAUOULCNT CONTRACT OR AGREEMENT ON SCNALF of THE CITYS, AND TO RESTRAIN ANY DI&(I)URlo-MA OFFICER OF SAID CITY FROM PAYING ANY ILLEGALS UNAUTHORIZED OR FRADUL($NT VOLL89 CLAI" OR DEDIANOS AGAINST SAID CITY OR ANY SALARIES OR COMPTNSATO601 IO ANY PCRSOMy 1N INC ADMINISTRATIVE SERVICE WHOSE APPOINTMENT HAS NOT DECPI891&VA ON _PURSUANC9_OF, TNC PROVISIONS -OF LAW AND THE REGULATIONS IN F®R6T THEREUM,01ERo- AND IN CASE ANY SUCH ILLEGALS, UNAUTHORIZED OR FRADUtLTNT SILLSg CLAIMS ON DCOANDSS, OR ANY SUCH SALARY OR COWPENSATION SHALL HAVE 0199 PAIDS, SUCH CITIZEN MAY MAINTAIN AN ACTION IN THE MANE OF SAID CITY ASAONST THT OFFICER MAKINl$ SUCH PAYMENT AND THE PARTY RECEIVING THE SAME, OR E1TRIERS, OR SOTHS, TO RTCOVCR THC AMOUNT $0 PAID, AND SUCH AMOUNT AFTER OICU CTON® ALL EXPEN915 OF. THC ACTION, SMALL BE PAID 1 NTo THE C I IY TREASURY; PR®V 0OMI)p MrOW tYMA TPOAT INE COURT SMALL REQUIRE SUCH CITIZEN TO GIVE SECURITY TO 0NVINNOFY THE CITY AGAINST COSTS OF COURTS UNLESS THE COURT SHALL DECODE THAT THERE WAS REAMOMA86C CAOISC FOR BR I'NG I NS TIDE ACTION. THE Room? OF ANY PAOPIRTY TAX PAYER OF THE CITY TO IIAING AN ACTION TO RESTRAIN THE PAYMENT OF COMPENSATION 70 ANY PERSON APPOINTED TO OR HOLDING ANY OFFICEg PLACE OR EMPLOYMENT IN VIOLATION OF ANY OF THE PRovISIONS OF THIS ACTS, &HALL NOT BE LONOTED OR OMMO ED mY RgASON OF THE FACT THAT SAID OFFICE, PLACE OF EMPLOYMENT SMALL HAVE *at* CLASSIFIED ASS, 011 09TCRMINCD TO BE, NOT SUBJECT TO COMPETITIVE EXAMINATION; PROVIDE®g Hoh9EVT01g THAT ANY JUDGMENT OR INJUNCTION GRANTED OR WADE IN ANY SUCH ACTION INA LL It PROSPECTIVE ONLY, AND $01ALL NOT AFFECT PAYMENT ALREADY DUDS DR PUT To SUCH PERSONS BY THC PROPER DISBURSING OFFICERS. IN CASE OF ANY UNS&TISFITD JU02m WENT OR ANY SUIT OR PROCESS OF LAW AGAINST SAID C I TYS, ANY FIVE 001 @644 C 0 T"0 lit"I WHO ARE FREEHOLDERS OF SAID CITY.SHALL UPON PETITIONS ACCOMPANIES MY AFFIDAVIT THAT THEY BELIEVE THAT INJUSTICE WILL SE DOME To SAID CITY ON SAID SOIOT OR JUOGMCNTS, BE PERMITTED TO INTERVENE AND INQUORE INTO THE VALIDITY OF $AOD JUOaDOENT, on DEFEND SAID SUIT OR ACTION AS FULLY AND CONPLCTELY AS INC OFF000AS or SAID CITY WOULD §Y LAW HAVE THE RIGHT TO OO. (AO4'%D "9NT AC0®PTZOB NswSmtR 23s, " 9939) StcT1�N 99. ELECTIONS. THAT IN EAcm var-one Pucew or In CoTY© AS TNt SANC MAY RUC LEGALLY 61FINt09 SMALL It CSTASLISMEO AND AR09ANass AT LZAST .ONE VOTING PLACE$ AND WHERE TWO OR MORE VOTING PLACES AMC C9TA01LOSMXD# TMEY SMALL Rt..SO LOCATCO AS TO It MOST coxvEMIENT TO TME O9RZATtST NUR9RZR or V®TERffip MIT" A DISTINCT $97 Of ELECTION O►►10E0$9 AND BALLOT BOXES FOR EACH VOTIAOR PLACtp PROVIOCDp THE VOTER ;SHALL VOTE IN THt DISTRICT ON PRZCINCT OF MOO RtSiOtNct. TMC CITY COUNCIL SMALL MAKE ALL NECESSARY RtEtEU9LAT1*09 C®1099RMONs CLCCT I ONS; THE NANNCR AND NCTMOO Of HOLDING THE SANT. SUCH REO$ULAT 86*9p 'NOMlo EVER$ SMALL SE 1N KEEPING WITH THE PROVOSIONS OF THIS ACTS &*2 OSMALL It 010 KEEP 0 NS worm AND CONS P STENT M I TM THE PROVISIONS OF INCE STATE LAW APDL 0 CAMLCE TO ELECTIONS 1N 11UN0CIPALIT0CS IN $0 FAR AS THE SAM& MY 99 APPL0CASfLCD AND INC CITY COUNCIL SMALL PROVIDE FOR THE EXAMINATION AND COUNTING OF TNC RCTOMMS Or ELCCTION$p C& CLARATIONS OF THE RESULT THEREO►p AND TME OSIVANCE Or PR®PtR CCRT I ►I CATES TO INC SUCCESSFUL CANO O DATES; AMD IT IS MrCREIY WAS% Tool DUTY or INC COUNCIL TO CK&WO NZ AND COUNT THE RETURNS AT ITS F I RIBT RZOULAR *m o ne AFTER INC ELECTION SMALL It MELOp OR O ► NO REGULAR OQZET I MQ SMALL It MP IO WITHIN ONE WEEK AFTCR AN ELECTION IS HELD9 IT 82 HEREBY NX09 THC DUTY Or THE MAYOR TO CALL A SPECIAL MELT I NS OF THE COUNCIL FOR THE OURPOSCE OF COUNTING THE VOTE AND OCTERMINC THE RESULT Of THE ELECTION$ WITHIN ONE WEtel AFTER THE CLZCTION IS NELDp AND THE OFFICER$ DECLARED TO BE ELIECT(ED AT SUCH ELCCIO981 SMALL It ENTITLED TO QUAL O FY IMMEDIATELY AFTER THE 09CLARAT O ON Of TWJ RESULT OF INC ELECTION UPON TAKING THE OFF 1 C O AL OATH PRESCR 0 O TO •SY LAME. TDs City COUNCIL NAY$ CONSISTENT WITH THE OTHER PROV I S O ONi$ OF TM O S ACT, ANO 9 *uroROAp 1 NO TO ALL THE ?ROV 18 1 ONS OF TME -STATE LAW PEI ULAT 0 NO PR 0 MARY ELECT 0 OSIS L O N CITIES An TOMroos., IN 80 FAR AS THE SAI+BE NAY SIC APPL O CASLEp PRESCR 0 ST THE (BANNER AND NCTMOD OF HOLDING PRIMARY ELECTIONS BY ALL POLITICAL PARTIES OR POLITICAL ORGANIZATIONS OF ANY KIND MSHATSCEVER9 AND TO OETERNO NX THE RULCCS THAT SKALD. OBTAIN WIT" RESPECT TO THE REPRESENTATION TMC RESPECTIVE PART0ZS OR LAND O DATES 04AY SE ENT I TLE® TO AT TIDE POLLS; KAY PRE§CR I IIIC AN OFFICIAL SALLOTp OFFICIAL RETURNSp ETC.$ AND THE EXPENSE OF ALL PRIMARY tL9CTOONp MCL4O FOR THE PURPOSE OF NOMINATING CANDIDATES Or ANY POLITICAL PARTY 00 OeISANOo ZAT OON FOR CITY OF► I CtS SMALL It BORNE AND PAID FOR BY TMt C 0 TT OF 0009PVa CMR I SST 1. (AoaENONtHT ADOPTED NOvtoBmtR 23P 9939. SECTION- 20. PUBLIC ACT. THAT THIS ACT SMALL CDC OCCAS® A PU GLIC ACTe AND .IIID I C IAL NOTICE SMALL It TAKEN THEREOF IN ALL COUNTS. (ADIlEX9WENT ADOPTED NovickstR 23p- 9939. ) StCTi1toN 21. NOT0CE OF REGULAR ELECTOON. IN ALL OTMER REDUI6AR ELCCTIONSp EXCEPT INC ONE PROVIDED FOR IN TMC Two PR(ECEDONO SCCTOONSp (APROL 99 9 D g TWENTY bAYS o NOT 0 CE THCREOr SMALL at GIVEN IT PROCLAMATION or THE MAYO0p PUBLISHED IN S4DseE DAILY PAPER IN THE City Of CONN JS CHRISTI. (RMOU LAR City ELECTION FOR MAYOR AND COMM O SS 0 ON(ERS ). (AMENDMENT KOOPTCO N®ev4EOIN IM g3fl 4939-) SECTION 22. EXISTING ORDINANCES. ALL ORDINANCES OF T00C CITY GF CORPUS CHRISTI* NOT INCONSISTENT WITH THE PROVISIONS OF THIS CNART¢Rg SHALL REMAIN IN FULL f001Ct AND EFFECT UNTIL ALTERED OR MCF&ALCO BY THI CITY COUNCIL; PROVIDED* THAT THE ►OWCO To PASS SUCH ORDINANCtS UNDER faAtiI11AER CHA/ITER01 HAS 1007 KEN RLPEALtO EXPRESSLT 00 IMPLIED BY THE TCNAS OF THIS ACT. (AN9nft9DT ADOPTED NoVt**ER 23, 1939-) SECTIoH 23. PRINTED MINANCES AS EVIDENCE. ALL 0906MANCES of THE CITY Of CORPUS CHRISTI PUBLISNEO 1N BOOK OR PAMPMLET FORM A%0 PURFORT0N(S TO BE PUOLISHED "BY AUTHORITY OF THE CITY COUNCIL OF Tuft CATT ®F CORPUS CM001r1*" $HALL BE RECEIVED BY ALL COURTS OF THE STATE of TtXAS AS PRIMA FACIC EVIDXNCE OF THE DUC PASSAGE AND PUBLICATION OF SUCH ORDINANCES AS APPEAR TNZNZINq PRO® VIDEO* THAT NO PCRSOH SMALL BE PRECLUDED FRo01 $H®MING BY ComptTE80T EVIDENCRD THAT ANY ORDINANCE PUBLISHED "BY AUTHORITY OF THE CITY COUNCOL OF THE CITY Of CORPUS CHRISTI*" AS AFORESAID* IS NOT A TRUE COPY OF THE 011120HAL MDONANCCo (AWEND89ENT ADOPTED NOVEMBER 238 9939-) StcT1oN 24. CITY NOT REQUIRED TO GIVE SOLID. IT SHALL NOT OE NCCCSSARY IN ANY ACTION* SUIT OR PROCEEDING IN WHICH THE CITY Of CORPUS CHRISTI It A PARTY FOR ANY BOND* UNDCRTAKING OR SECURITY TO SE DEMANDED ON EXECUTED BY OR ON BEHALF OF SAID CITY IN ANY OF THE STATE COURTS* BUT IN ALL SUCH ACTOONSg SU 1 TS* APPEALS OR PROCEED I NGS SHALL BE CONDUCTED IN THE $A*[ HANNA At Of SUCH SOND9 UNDERTAKING OR SECURITY MAO BEEN GIVEN AS REQUIRED BY LAWg AND SAID CITY *HALL It JUST AS LIABLE AS or SEIaURITv of BOND HAD MOO DULY CX2CUTE010 (AMEN048ENT ADOPTED N0Vt84StR 238 1939-) SECTION 25. PUBLIC PROPERTY EXERT FROM EXECUTION SALE. THE pmo►ERTYB KCAL AND PERSONAL* BELONGING TO THE CITY Of CORPUS C`KROST1 SMALL NOV It LOAOOLE TO OE SOLD OR APPROPRIATED UNDER ANY WRIT OF EXECUTION* NOR SHALL TOOE FUMS BEm LONOINO TO THE CITY 1N THE HANDS OF ANY PERSON OC LIABLE TO GARNISMENV OUT THE MAYOR OF INC CITY SNALL ANSWER IN A WRIT OF GARNISHMENT FOR THE C 0 TY o ("INOWENT ADOPTED NOVEMBER 23* 1939.) SE cT 1 oN 26. CITY I WAS I TANTS$ FREEHOLDERS OR TAX PAYERS NOT DOS - QUALIFIED. OSmQUALIFIED. No PERSON SMALL SC AN INCOMPETENT JAU®GE* JUSTIC29 VOTN SO OR JvROR BY REASON OF HIS OtINS AN INMAB1TANT OR A FIIEEMOLDE01g OR A TAXPAY92 OF TM9 CITY Of CORPUS CHRISTI IN ANY ACTION OR PROCEDING AN WHICH HADD CITY &UV 09 A PARTY AT INT9119STD AND ALL OFFICtRS AND CMPLOYEtS OF SAID CITY SMALL OE EXEQOPT FROM ALl JURY SERVICE. (AMENDMENT ADOPTED NovemstR 238 9939-) SECTION 27. NOTICE OF PERSONAL. INJURIES REQUIRED. Won ims CITT of CORPUS CIAR I ST 1 SHALL SE LIABLE FOR DAWAStS FOR PERSONAL 0 NJ UR I ES OF ANY BROODS" THD[ PERSON INJURED OR SO"E ONE IN HIS BEHALF SMALL GIVE TME MAYOR OR CITY COMM IL NOTICE IN WRITING Of SUCH INJURY WITHIN NINCTY DAYS AFTCR THE SABSC HAS SEEN IVOTA 1 NEO* STATING IN SUCN NOT I CC WHEN* WHERE AND NOW THA[ INJURY OCCUR909 Am INC APPARCNT LXTCNT THEREOfy AND INC FAILURE TO SO NOTIFY THE CITY WITHIN THE TIAC AND MANNER SPCCIFICD HER #* SHALL EXONERATE* 9XCUSM AND E111900T TOK COTT FROM ANY LIABILITY WHATSOEVER. (AHERVOITNT ADOPTED NOws"Im 23* 9939-) 45, SECTION 28. PLEADING ORDINANCES. IT SHALL BE SUFFICIENT IN ALL JUDICIAL PROCEDINGS TO PLEAD ANY ORDINANCES OF THE CITY BY CAPTIONS WIT%OUT EMBODYING THE ENTIRE ORDINANCE IN THE PLEADINGS AND ALL PRINTED ORDINANCES OR CODES OF ORDINANCES SHALL BE ADMITTED IN EVIDENCE IN ANY SUITS AND SMALL HAVE THE SAME FORCE AND EFFECT AS THE ORIGINAL ORDINANCE. CERTIFIED COPIES OF ORDINANCES MAY ALSO BE USED IN EVIDENCE. (AMENDMENT ADOPTED NOVEMNER 23S 1939•) SECTION 29. ASSESSMENTS FOR IMPROVEMENTS. THE CITY SHALL HAVE THE POWER TO CREATE AND ESTABLISH IMPROVEMENT DISTRICTS IN THE MANNER HEREINAFTER PROVIDERS FOR THE PURPOSE OF STRAIGHTENING., WIDENINGS SHELLING,, GRAVELIN49 PAVING OR OTHERWISE IMPROVING ANY STREETS OR ALLEYS WITHIN SAID DISTRICTS AND TO LAY AND CONSTRUCT WATER MAINS., GAS MAINS., STORM SEWERS., SANITARY SEWERS AND OTHER LIKE IMPROVEMENTS TH9REON AND THEREIN AND TO DRAINa GRADES FILL AND OTHERWISE PROTECT AND IMPROVE'THE TERRITORY WITHIN SAID DISTRICTS., AND TTI PROVIDE THAT THE ENTIRE COST OF MAKING ANY SUCH IMPROVEMENTS SHALL BE PAID §Y THE PROPERTY OWNERS OWNING PROPERTY IN THE TERRITORY .SPECIALLY SENEFITTED IN ENHANCED VALUE BY REASON OF MAKING ANY SUCH IMPROVEMENTS AND TO MAKE PERSONAL CHARGE AGAINST ANY SUCH PROPERTY OWNERS AS WELL AS TO FIX A LIEN TO LEVY SPECIAL ASSESSMENT AGAINST ANY SUCH PROPERTY AND TO ISSUE ASSIGNABLE CERTIFICATE OR NEGOTIABLE CERTIFICATES AS IT DEEMS ADVISABLES COVERING THE COST OF SUCH IM6 PROVEMENT WITH DEFERRED PAYMENTS TO DRAW INTEREST NOT TO EXCEED KS THEREON,, PROVIDED THAT NO DISTRICT SHALL BE SO CREATED WITHOUT FIRST SUBMITTING tME QUESTION TO A VOTE OF THE LEGALLY QUALIFIED VOTERS IN THE CITY OF CORPUS CHRISTIp WHO OWN REAL ESTATE IN SAID DISTRICT. UPON THE PRESENTATION OF A PETITIONS SIGNED BY A MAJORITY OF THOSE RESIDING AND OWNING PROPERTY IN THE PROPOSED DISTRICTS WHICH SAID PETITION SHALL RECITE THE IMPROVEMENT DESIRED TO BE MADE AND CLEARLY DEFINE THE BOUNDARIES OF SAID PROPOSED-OISTRICT AND SHALL BE ACCOMPANIED BY A CERTIFIED CHECK TO COVER THE COST OF HOLDING THE ELECTION HEREINAFTER PROVIDED FOR. THE CITY COUNCIL SHALL EXAMINE SAID PETITION AND IF IT IS IN COMPLIANCE WITH LAW AND THE CITY CHARTER AND THE CITY COUNCIL IN ITS DISCRETION DEEMS THE PROPOSED IMPROVEMENT FEASIBLE AND TO THE BEST INTEREST OF THE CITY., AS WELL'AS THE DISTRICTS THE CITY COUNCIL SHALL GRANT SAID PETITION AND CALL AN ELECTION WITHIN THE LIMITS OF SAID PROQ POSED DISTRICT AT DESIGNATED VOTING PLACE OR PLACES THEREIN., AT WHICH ELECTION THE QUESTION SHALL BE SUBMITTED TO THE LEGALLY QUALIFIED VOTERS OF THE CITY Of CORPUS CHRISTI WHO ARE REAL ESTATE OWNERS IN SAID PROPOSED DISTRICT. "SHALL THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI BE AUTHORIZED TO CREATE AN IMPROVEMENT DISTRICT WITH THE BOUNDARIES SPECIFIED FOR THE PURPOSE OF (STATINd FULLY THE PROPOSED IMPROVEMENTS) AND TO CHARGE THE ENTIRE COST OF MAKING SUCH IMPICOVEMENTS AGAINST THE PROPERTY OWNERS OWNING PROPERTY IN THE TERRITORY SPECIALLY BENEFITTED IN ENHANCED VALUE BY REASON OF MAKING SUCH IMPROVERCHT9 AND TO MAKE A PERSONAL CHARGE AGAINST SAID PROPERTY OWNERS,, AS WELL AS TO FIX A LIEN BY SPECIAL ASSESSMENT AGAINST SUCH PROPERTY AND TO ISSUE ASSIGNABLE CERTIFICATES OR NEGOTIABLE CERTIFICATES AS IT DEEMS ADVISABLE., COVERING THE COST OF SUCH IMPROVEMENTS DEFERRED PAYMENTS TO DRAW INTEREST NOT TO EMCEED. IF THE CITY COUNCIL SMALLS IN ITS DISCRETION.9 DEEM SAID PETITION NOT IN Cc* PLIANCE WITH LAW AND THE CITY CHARTERS AND THE IMPROVEMENT PROPOSED NOT FEAS/§LIE NOR TO THE BEST INTEREST OF THE CITY OR THE PROPOSED DISTRICTS 17 SHALL DENY SAID PETITION. SAID ELECTION SHALL BE HELD IN COMPLIANCE WITH THE LAW A92ANDONcS TNN HOLDING OF GENERAL CITY ELtcT I OHS 6911OEBRC PaACT 1 CAWLE OUT IN TW A S 9LMCT I SN OW&Y TWO&C LEGALLY QUAL 0 ®0 CD VOTCORS RCS I D 11010 w 1 TAO 000 SAID C 0 TY or Campus C000TO ST 1 W4® OWN REAL ESTATE IN SAID DISTRICT IIHALL 99 COOT I TLCD TO VOT9. Or TO09 COTT COUNC 0 L SHALL rim® Oraom TOOL RETURNS or SAID ELECTION THAT 2' ON Mg OF TOGO LEGALLY OIIAL I Ir i ca VOTERS Or SAID CITY WHO OWN REAL (ESTATE IN SAID DISTRICT AND VOTED IN SAID CLZ CT I OOIO VOTED IN FAVOR OF SA 0 O PROPOS I T I OX9 TOOL; COTT COUNCIL SHALL PROCEED TO CREATE $A 0 D DISTRICT AND CSTAML 0 SH To1(C *AMC AND CLEARLY OOf;I~ iNg ITS BOUNDARIES. UPON THE CREATION Of SABO DOSTRICT 4000 COTT COUNCIL SMALL HAVE POY&N TO ORDER THE SA B D I WPROVI$OflSXV aNO T® CONTRACT FOM SA O ID I O4 MDVTNCNT AND TO ASSCSS TOOK CNT O RC COST OT SUCH A841BOST T99 NPOPERTT OWNERS OWNING PROPERTY IN SAID DISTRICT SPECIALLY (IatCMU I TTIOD 091 OCMANCSO VALUE •Y REASON Of MAKING ANY SUCH O MPRaDWURNT AND T® &US a P(8"SML COQASiS9 ASAI NST TOLE GVN&M* Of SUCH PROPERTY AND TO PIS A L I SDI V04049808 AND TO 0 SSUC ASS 1 tSHASLE CERT I ar I CATS OR NEDOT I A®L9 CERT I r ovAY9$g AS IT Dt;s M "a 0 S"L9p CIDVO311190® THOI COST or SAID I00PROVsmwTsg AND TO Pnow 01OE POR Dt8'CRWza PAYig0/Ts WITH INTEREST BLOT TO EeRCEto 8%o TA/E OROCR D°Oa THE OOOPaOiVtnIIng C®B/TRACTp Aow THE ASSES IIT AND CERT 0 r I CATHS, Tdot IICAm 0 NO, TwtO zc* AND OIIDT o COI TDOOpuwg Von SPECIAL AtSISAMCWT ARID SPECIAL LIEN AND SPECIAL REaASSORSIS0Ol3HT AND VMS CWOMC90 D01$0AT or THc L -ISN AS WELL AS THE SUITS TO STET AS809 ®IR C®ORAICT T069 A919NMET AND LIEN ALL TO ME HAIDC IN OUSSTANT I A L CODOPL I ANC& W 0TH CIOIAPTMR 9 Or Y O US 28 OF TOOE 09V I SED CIVIL STATUTE$ or TE88ASO 19259 w 0 Toe otgraRt acs TO smity In- Pa®VEDSI[ERTIB a PaOV l O(CD THAT THOC PWOV I $ I ONS or THIS 9HAPT9a SHALL C(ONT(i A, OVEN SAID 4BINCRAL LAW WHERE IN CONOrLOCTO A%o PROF6891•CD ®090BiP00(ER T01AT OQO 68908 SMALL N FOXCO ON ANY PROPERTY EXEMPT MY LAW VAGN EBSECUT40Np AND PR" 8OD(?;O FURTMO3 TWAT IN NO CASE SHALL SA B O I PBPxvvT I gwT OR THE C®$T or 00ABio me TNT SAO (19 A tCOOAR(ft AGAINST THE CITY OF COMPUS CHRISTI NOR SMALL Yxx cpcoa T or SAID C 04Y @9 USED POR YwE P68RP®11(9 or IOAOc 8 NIS THE I00PR®VEwtDOT10 PR®V O m POIR H i at A OO o YOot CITY SHALL WAV9 P09EN TO CREATE AND Z@Va®LOSOQ ONFROW90WOOT DOSTRICTSg AND TO LEVY9 STRAIDOITENg W0910109 INCLOSE OR OTN9*w8$E OOAPxQV9 Any NOVC1Rp 604919619 SAY690 STRZAM OR OTHER BODY OF WATER WITHIN OOR W I TDOOUT SAID C A TT OY 1199LOF Or ON C@*9@ ECT 1 OW WITH ANY WATER O NFROVI HENT DISTRICT NOW QS aSL 0 SM99 OR OK1194 92 TO 64 CISTANL I SWID UNDER THE GENERAL LAWS OF ?NO* 3TAT99 AND TO MUT9 DlVO L(Op OW AND CONSTRUCT WITHIN OR WITHOUT SAID C I TYO OICSTMWO 0 QS9 WATC R IgE 9099 W042 OMPPLY SSODRCIS AND SYSTEM MY ITSELF OR IN CONNECTION 600TH ANY SUCH VAT%% I WPMMGR 1T DISTRICT POot THE SUPPLY or WATER FOR GOONEY I C9 I NOUSTM 0 AL OM INA 06AT I CON PQM= P"%S AND TO SELL SAID NATER NOIR SAID PU RPOSDIS AND SHALL 6OA1TOg TX9 PO99901 79 ACAVARZ PORIVATI PROPERTY FOR ALL Or SAID P49RPOOCLS ST SO41008990T &MIALIO V6KTOnR Wi TM I N ON WITHOUT THE C I TY9 TO 09 ED¢ERcC O SE® AS NUN&Y a@ P08A9T I CaML9 A CUMOOOO TO VMS LAW GOVERNING TOME CONO1f MOOAT I ON Of PROPERTY BY RA I LWOAD COMPODWAT Aafto AM SAID COTT %MALL NAV C T00% POW&% TO I S SU C MONOI9 PON SA 0 fO PNJWft0ff 000 ACCIMDAMS IS O TI$ THE POWI RS COOIPE119GED ON SAA 0 D COTT o 00 THS ODAYTEIR OF I ffi50.0180 MOM., (AMNOW OT 400PT90 APRIL 309 I 6) SOICTOON 300 WATT UMS. AS SIOiOD1 AS lrNZ COTT Of COOMO CU' DODO am&& 00aws ASSODOD%e Aaaalt0Qif NT AND CONTROL OF ITS WATER ""n &9YIS9T"p awa ITS Coeur. me? WITH THI Campus CHRISTI wATCfa SUPPLY COMpamYp IT SAA&LL a T00L# ODODTIP (w Tw COTT C(IMCOL9 ®Y OORf INAxCCt TO 09T APART AND APPROPQROATS ALL TOS MRMM@ ARID QQMYS WR 0 VOID FROM THC OPERATION Or SAID WORMS TO TNN 619 4p =0004 AOOO► WCOQSg O ON TOOCREOP T® OTHER PARTS Or THE C O TY9 AND No PERT (OF @vu A9l vv= SM&L CV108 59 APPROPRIATED TO OR USED FDA ANY OTA &M PObCTl ftl UNTIL @TIOfSMA N PNOV I dDID ST LAW. (A>j*VW9NT ADOPTED N®69%1`► %T#1 23e %939) 6�, SECTION 34. WATER EXTENSION NOTES, THE CITY COUNCIL UPON A VOTE OF FOUR=FIBPTMS TME96EOF9 SHALL HAVE THE POVER9 BY ORDINANCE9 TO CONTRACT FOR THE SXTENS I OH OF SAID WATER WORKS TO OTHER PARTS OF THE CITY MHQR(E NTII;DCDV ANDS TO TH 1 S CM09 MAY PLEDGE TOOE NET" ANNUAL REVENUES THEI 90FO ANO WAY OI VE A LIEN ON THE SAID ENTIRE PLANTS INCLUDING SUCH IMPROVEMENTS 02 CXTCMSIONS9 TO SECURE THE CONTRACT PROCE Of $AME9 AND MAY EXECUTE PROMISSORY NOTES TNERE- FOR9 SIc+190 BY THE MAYOR AND COUNTERSIGNED BY THE CITY CONTROLLIERg AND 9SARIN4 INTEREST AT NOT EXCEE01 NG S I X PER CENT PER ANNUPI9 ARID PAYABLE IN t *V&L AD9MAL INSTALLMENTS; PROVIDE?09 SUCH OBLIGATIONS SMALL NZVER GICOME A CHARIM At S IMT THE CITY OR AGAINST THE OTHER REVENUES OF—THE CBTY9 BUT SAID WATER MORIKS PLANT AND SAID NET ANNUAL REVENUES TN[EREOF SMALL STAND PLEDSES TO SECURE THE PAY- MZNT OF SAID NOTES; AND PROVIDED FURTHER THAT THE COST OF SUCH IMPNOVEOOENTS OR EXTENSIONS SMALL NEVER EXCEED ONE-THIRD OF THE ACTUAL VALUE OF SAID WATSR WORKS PLANT INCLUDING ;UCH PROP03ED IMPROVEMENTS OR EXTENIOON29 AND PROVIDER FURTHER THAT NO EXTENSION$ OR IMPROVEMENTS EXCEEDONS ON COST T09E PROBASLE NET REVENUES FOR ANY ONE YEAR SMALL EVER It CONTRACTED ran WITHOUT FIRST HAVING BEEN SUBMITTED TO THE VOTE OF THE QUALIFIED TAX PAYINS VOTERS AT AN ELECTION HELD EXCLUSIVELY FOR THAT PURPOSE. ( AMENDMENT ADOPTED NGY984E111 23B 4939) SECTION 32. CONFLICTING LAWS REVEALED, Ift 1T FURTHER ENACTED THAT ALL LAWS ANO PARTS OF LAWS IN CONFLICT HEREWITH BE AND THE *AMC ARE wCAMOY RCPEALEDj IN SO FAR AS THEY WAY CONFLICT WITM THE PROVISIONS OF THIS CHARTER AND THAT THE PR9SENT CITY CHARTER OF THE CITY OF CORPUS CHRISTI BE AND TNS *&MS 9S HERESY EIIPECIALLY REPEALED. (NOTE. THOS IS THE ORIGINAL SECTOGW 22 OP ARTICLE XII AS CONTAINED IN THE CHARTER OF 4909 AND IN REPEALING *THE PRESENT CITY CHARTER REFERS TO THE CMARTER IN EXISTENCE IN 1909.) (APBEHOIS}QNT A00PTSID #Ov'twimR 239 4939) SECTION 330 VALIDATING PROVISIONS, AT THE SEGONNINO or TNE—NEIIT FISCAL YEARS THE CITY COUNCIL SMALL ISSUE WARRANTS FOR ANY AND ALL OURS , DORROIVED IN ANTICIPATION Or—CURRENT REVENUES AND THEN UNPAID AND THE CITY COUNCIL SHALL MAKE PROVISION 1N THE BUDGET FOR PAYMENT OF INC SAM& AND 0H- TEREST THEREON AS IN THE CASE OF OTHER WARRANTS OF THE CITY INCH OUTSTANDING. ALL PRESENT VALID CONTRACTS9 WARRANTS., BON®C9 AND OBLIGATIONS OF THE CITY AND ALL PRESENT RIONTS OF THE CITY UNDER ANY CONTRACT; OBL/SATO64 ®R ME% - TAKING SMALL NOT BE AFFI:'CTED BY ANY ANINDMENT HERET®9 OUT SAME SMALL CONTINUC AS IUERETOFORet . (AMCNDNZNT ADOPTED NOVEANER 239 4939) SECTION 34, COUNCIL ACTION VALIDATED. BE 1T FURTHER ENACTCO THAT ALL ACTS O® THE C 1 TY COUNCIL OF CORPUS CHRISTI HERETOFORE ENACTQO, in (�RAN41 IBtB BPRANCN 1 SES9 AIISESS 1 NG AND COLLECTING TAXIES9 AND THE DI SBURSE9It "T OF SA@QE9 THE ENFORCEMENT OF ITS ORDINANCES BY CRIMINAL PROCKEDINSS OR OTHEMVISCp THC COLLECTION OF FINES AND THE DISBURSEMENT OF SAME AND ANY AND ALL 9*FDRCC- WENT OF THC PENAL LAWS OF THIS STATES SE AIV THE SAME AMC HERESY IN ALL THIN$$ VALIDATED AND NADE AS VALID AND S0MPOM2 AS of PASSED BY A LEGAL C1TSP COUNCIL. WaNIAENT ADOPTED NOVEMBER 239 4939✓ `-ftcvlO10 350 'A.CM W CK49M0 Us CoifleaOI1Any swl& 6iACoo AT L91061,80 is A saftRAT` ease TOOSSM" 1 in Commia or ON Cety We AAL AW it"$ TIOERE0F WO011M MAT OBE AM6O020j; CGWAIIII14 US ORIGINAL AM I' A94110016ENTS TACRETOO WHOCOO 800o1 SOOALL 0800 O&g" 098 lot AiCOIOYaS 4W in CITYO TOOK COTT SECAtTARY WALL rvotW/Soo Tse Toe 9AYO11 A COtY SO► Swm COQAl1 gn Ai AMOIDED9 AUTMENT 1 CATR® GY aro! s 1 VIATODRE AND TOOK 119A& 08► TIIA CITY# 460 CERT01'OCATE K Tma APPOIOYA6. Or s11C01 COOAnnn &x Ta sv A "Al011iTY "T6[ OF T109 OVAL 0 / / E0 YOTB;As IDP Toot C 0 TYp mus 1060 suLL 6112 POIIWA ma AY T61C MAY** TO TOOa SECRETARY Or TO04 STATE. (AMEllMOM ASOPT99 "Mx* 239 19391 SECTION 36- Una OF CMARTCR ON EXOSTONS Wo ALL sA®/MA ica6f, RIISOLUTIONSp RULES AND REGULATIONS 08041 860 FOXCa own VOW CITY Obsl1t011011[60T AND NOT IN C"rL I CT WITH THE PROP O sI Odes W ANY AMOIDOUNT TOs ul s C61 Was SMALL A984A0M 180 MCI UNDER SUCH A60a08M9 0T UNTIL ALTSAQ®p MOBOO P so RerEAL90 •Y Tow COIOI/C6L "ICA SUCH MKMW 1T TO TOOIS ca"Tce TMg* 6CPOTI 'o ALL R e SOOTS IIT 1602 CITY 81990ICII 0:x6 sT eea Op*wCO6 a S&S ale C""ACTS No ",& [xIsTINS AOJ1FkMOTY Von TOOL Ess 0t or 406000$9 MMT 161 COW1606T 118t* "a PAOMBs1006 OF ANY AO CMUMXT TO THIS COMATCRy SMALL 886E P11as6C*VW 666 04" PORft` AND aP►aCT, (AwaamOBT ADOPTED MAY 9% 1955) SacT o Odl 31, C TRUCT I ON OF * AIRTCdl, Too o s Cmava1, su" oW *a 908M'VA D As A OURS 014061 W CM06UTCA 004 1% Oil 1 9MLL OK QOIBOSIMKs As A MOISRAL MAIM OF POIAR AM As A LOOOITAT ISO OF POW* 4W VU WW"We IT OF TUC CITY IDP CORMO CM i ST I 100 TOGO: sAn OOAMaN As TOea CeAOW 6 M18000 jW TcxAs 00 CONSTRIND As A LIMITATION 00 TDO% PO WRS Or TOBa L&46 LA1OW$0 JixCUM WNaRa 9xP1l O"V POMMIGIVED OBY THIS C00ARTE0kp WOO MM %VfL*V VOWS OINSS01 ART 1 CL[ X 0 p SECT 108e 5 or TO61: ComsT I T00T I ON or TaxAsp M00I COO If IdWW 618t COWCTCUT iOR TOGS PEOPLE Or TK9 CITY 0P CORPUS COOK 0 ST 1 T® CXPWEliSLY mp"I TO TUC C/TVp SMALL &C CONST1 US9 TO ma GRAOI ge T® TO00S COTT ®T TO01® COA411M. (AME/000 UT ADOPY90 MAY 7 -'Op 4955) Sac,"m 38, JUDICIAL NOTICE. Twos CooAsreft 90MLL 69 K&MO A PUSL I C ACTe MAY OBE READ on EY 1 OEOeCa W I TOMT PLaAD IOM W PMWq 00 ~91" NOT I CA WALL 19 TA91211 TOOMOF 106 ALL CCDM Aim PLACaS, 16 ANWIM MA 214 9955) SaCTION 39, SWAR OLOTT CLWU, Or &wv sacti*u m* pm# or 4 0!ECT 1 OW OF TOO 8 S COOAATEA 16 009LD Tit 09 0 OW" I s sA W%C4ft j 0 TmT 6 s/4 ft A COURT OI'II COMPST906T oNN I IBD 1 CT #400 TOOO! SAW SMLL MODE 6101AAA69014 (W OSV#i 1 TOM VAL IGOrVq OPORCAEp an aFftCT OW A1IY ®T84YR SjCT 1 Ow On PART W A Iq#" W 1068 COOARTICR, D ► MBl UNT ADOPTED MAY •dV 1955) SaCT I O/O 40, REARRANMW.NT 8Wft TOO& Cowan i66 " MAV% TOOE OMMRp SM d"0014"110 TO NSWUNUR AND Ou ALL AR111616gs8 saaTlllot me® Poe o/ IDfO' 16008 CN ATI N a" ANY mos T6 selpso ca it SMALL OEM lOiP6We4@ *Obftg AN* UPW THE PQSSAM W "I WCM 4R40111A061'r'a a ts" TOOOZ0Itw o LST 1 F I CBD ®Y TOO& CITY Ss CI'►a Tg81 Y p OU LL 162 ,?0R9dAl b22 TO I" sacaCTART or STATC ftR Op/46110, (AftleO0 por AsOPTaO WY 25' IM) 0- SECTION 41. CONSOLi DAT 1 ON OF FUNCT I ONS AND PROCEDURES. T09 ,CITY Qf CDAPUS CHRISTI SMALL MAVC TILE 91011T TO COMBINE AMO GOMMIDAIG MIT* NUECES COUNTY, TEAASg THE CORPUS CHRISTI IHDEPENOENT SCHOOL DISTRICT& Tlbs CORPUS CHRISTI JUNIOR COLLEOE DISTRICT# TME LOWER Nucces R1YM WATE11 SUPPLY DISTRICT, OR OTHER POLITICAL SUBDIVISIONS HAVING *Me TERRITORY IN COM O" WITH THE CITY Of CORPUS CHRISTIg OR ANY ONE OR MORE Of THEM# ANY OR ALL OF THE fUNCT1ONS AND PROCEDURES OF TAX RENDITIONS# TAX LIST$# TAX RAILS, 0OA469 OF EQUALIZATION, AND THE ASSESSMENT AND COLLECTION Of ANY OR ALL TAXES, RE- SPECTIVELY, LEVIEO OR TO Be LEVIED BY ANY SUCH POLITICAL sUBO1VIstON, TME CITY OF CORPUS CHNISTI SMALL HAVE THE RIOMT TO COMBINE AND CONSOLIDATC 111TH NUECES COuNTY, TEXAS® ANY OR ALL FUNCTIONS AND PROCEDURES Of ENFORCING ANY OR ALL PENAL LAMS, MUNICIPAL, STATE AND FEDERAL# THE ARREST ANO DETENTION GF OFfENDEIIS AND VIOLATORS, THE ENFORCEMENT Of ANY OR ALL OTHER LAMS Of THE STATE QI TEXAS AND ALL ORDINANCES Of THE CITY OF CORPUS CHRISTI, THE PRESERVATION Of 0000 ORDER AND THE PROTECTION Of THE INHABITANTS AND PROPERTY Y/TNIN THE CITY OF CORPUS CHRISTI ANO BIBS NUECEs COuMTY, TEXAS. THE CITY or CORPUS CHRISTI. SMALL HAVE THE RIGHT TO COMBINE AND CONSOLIDATE WITH NUECES COUNTY& TEXAS& ANY OR ALL FUNCTIONS AND PROCEDURES RELATING TO PUBLIC HEALTH# PUBLIC CMARITICIS ANO PUBLIC REHABILITATION OR ASSISTANCE PROGRAMS. (AMENDMENT ADOPTED MAY 2t; 1935 ) SECTIDN 42. EFFECTUATION OF CONSOLIDATION BY MINANCE* T110 COUNCIL MAY BY ORDINANCE PROVIDE FOR# EFFSCTUATE AND IMPLEMENT SUCH COWNINATION AlID CONSOLIDATION As IS 10 SECTION 41 Of THIS ARTICLE ANTNORI=ED;.AMD Tilt CGUIICIL MAY BY ORDINANCE PROVIDE FOR, EFFECTUATE AND IMPLEMENT ANY OTHER CONSOLIOATION AND COMBINATION Of THE FUNCTIONS AMC PROCEDURES Of ANY B`EPARTNtNT OR DIVISION OF THE CITY Of CORPUS CHRISTI WITH ANY POLITICAL Su001VIs1OM IOENTIfitO IM SECTION 41 OF THIS ARTICLE, oR ANY ONE OR BN4lIE Of THa81& W6//CN COIL ft W Me11/ OR HE BE AUTHORIZED OR PERMITTED BY CONSTITUTION 4M LAWS if 109 STATE OF TEXAS. (ANENOMENT ADOPTED MAY 9So 1955) SECTION 43, USE OF PERSONNEL. WmEmmit ANY FUNCTIONS A" PRO"K40CS OF THE CITY BE COMBINED AND CONSOLIDATED WIT" ANY PUNCT l®IIS AND PRpCtWRtB As AFORESA 1 D# OR ANY ONE OR 18011E OF THEE:/, AS IN 7611 s ARTICLE PROV 1 Dao& To$ SAME PERSONNEL AND THE SAME APPOINTIVE MEMCAS OF GOARBs OF EQUALISAT1611 1/AY BE UTILIZED 1N THE PERFORMAMCE OF SUCH FUNCTIONS AND PROC60YRtso At10 THEY WILL BE OCCH" TO Be THE EMPLOYEES OR APPOINTEES OF tACH SUCH POLITICAL SURD1VISION, TO THE EXTENT THEY PERFORM SERVICES FOR 1T. (Am-nilSITAOOPTKB MAY 21, 19S5) pw.p�A d '9�0 APPROVED MARCH 15, 1909 T. M. CAMPBELL, GOVERNOR A. B. DAVIDSON: PRESIDENT OF THE SENATE. A. M.'KENNEDY, SPEAKER OF THE HOUSE OF REPRESENTATIVES. I HEREBY CERTIFY THAT THE WITHIN SENATE BILL NO.'318 PASSED THE SENATE MARCH 9TH, 1909, BY A TWO-THIRDS VOTE: YEAS, 21; NAYS, O. CLYDE D. SMITH, SECRETARY OF THE SENATE. I HEREBY CERTIFY THAT'THE'WITHIN SENATE BILL N0. 318 PASSED THE HOUSE OF REPRESENTATIVES MARCH 12, 19090 BY THE FOLLOWING VOTE: YEAS, 95; NAYS, 0. 606 BARKER, CHIEF CLERK HOUSE OF REPRESENTATIVES. RECEIVED IN THE EXECUTIVE OFFICE, THIS 13TH DAY OF MARCH, A. D. 1909, AT 11 O'CLOCK AND MINUTES A. M. ' 1 A. M'. BARTON_ ' . PRIVATE SECRETARY. l RECEIVED IN DEPARTMENT OF STATE, THIS 16TH DAY OF MARCH, A. D. 1909, AT 8 O'CLOCK, AND 40 MINUTES A. M. W. B TOWNSEND, SECRETARY OF STATE. ' THE STATE OF TEXAS DEPARTMENT OF STATE I, W. B. TOWNSEND, SECRETARY OF STATE OF THE STATE OF'TEXAS, DO'HEREBY CERTIFY, THAT THE ATTACHED AND FOREGOING IS A TRUE AND CORRECT COPY OF SENATE BILL N0. 318 BEING "AN ACT TO GRANT A CHARTER FOR THE CITY OF CORPUS CHRISTI IN NUECES COUNTY, TEXAS'j," ETC., WITH THE ENDORSEMENTS THEREON, ENACTED BY THE THIRTY- FIRST LEGISLATURE OF THE STATE OF TEXAS, AT ITS REGULAR SESSION, AND NOW ON FILE IN THIS DEPARTMENT. IN TESTIMONY WHEREOF, I HAVE HERETO SIGNED MY NAME OFFICIALLY AND CAUSED TO BE IMPRESSED HEREON THE'SEAL OF STATE AT MY OFFICE IN THE CITY OF AUSTIN, ' TEXAS, THIS THE 265H DAY OF APRIL, A. D. 1909. W. B TOWNSEND, SECRETARY OF STATE 71 AN ORDINANCE RENUMBERING AND REARRANGING ALL ARTICLES, SECTIONS AND PARAGRAPHS OF THE CHARTER OF THE CITY OF CORPUS CHRISTI AND THE AMENDMENTS THERETO IN ACCORDANCE WITH THE ARTI- CLES, SECTIONS AND PARAGRAPHS AND THE NUMBERS THEREOF HERETO ATTACHED AND MADE A PART HEREOFp AND PROVIDING FOR THE RECORDING OF SAID CHARTER IN THE MINUTES OF SAID CITY AND AUTHORIZING A COPY DULY CERTIFIED TO BE SENT BY THE MAYOR AND CITY SECRETARY TO THE SECRETARY OF STATE; AND DECLARING AN EMERGENCY. WHEREAS, IT IS DEEMED APPROPRIATE THAT THE ARTICLESp SECTIONS AND PARAGRAPHS OF THE CITY CHARTER OF THE CITY OF CORPUS CHRISTI BE RENUMBERED AND REARRANGEDy AND AS SO RENUMBERED AND REARRANGED ADOPTED AS THE OFFICIAL ARRANGEMENT AND NUMBERING OF THE ARTICLES, SECTIONS AND PARAGRAPHS OF SAID CHARTER: NOW, THEREFOREO BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRIST12 TEXAS: SECTION 1. THAT SAID CHARTER AS HERETOFORE GRANTED BY THE ACTS OF THE 31sT LEGISLATURE OF THE STATE OF TEXASO HAVING BEEN AMENDED BY THE QUALIFIED VOTERS OF THE CITY OF CORPUS CHRISTI; THE SAID CHARTER PROVISIONS AS REARRANGED AND RENUMBERED IN THE ARRANGEMENT ATTACHED HERETO AND MADE A PART HEREOF BEy AND THE SAME IS HEREBY ADOPTED AS A REARRANGEMENT AND RENUMBER- ING OF THE PROVISIONS OF SAID CHARTERS AND AS $O RENUMBERED AND REARRANGED IS HEREBY ORDAINED TO BE THE CHARTER OF THE CITY OF CORPUS CHRISTIO TEXAS. SECTION 2. THE CITY SECRETARY IS ORDERED TO FURNISH THE MAYOR OF THE CITY OF CORPUS CHRISTI A CERTIFIED COPY OF SAID CHARTER SO REARRANGED AUTHENTICATED AND CERTIFIED BY HIS SIGNATURE AND SEAL OF THE CITY FOR THE SIGNATURE OF THE MAYOR., AND THEN FORWARDED TO THE SECRETARY OF STATE OF THE STATE OF TEXAS, TOGETHER WITH A CERTIFIED COPY OF THIS ORDINANCE. SECTION 3. THE NECESSITY FOR OFFICIAL ADOPTION AT AN EARLY DATE OF THE REARRANGING AND RENUMBERING OF THE PROVISIONS OF THE CITY CHARTER OF THE CITY OF CORPUS CHRISTI CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO ORDI- NANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR HAVING DECLARED THAT SUCH EMERGENCY AND NECESSITY EXIST, AND HAVING REQUESTED THAT SUCH CHARTER RULE BE SUSPENDED2 AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY SO ORDAINED. PASSED AND APPROVED, THIS THE DAY OF - y 956. ATTEST: CITY SECRETARY APPROVED AS TO LEGAL FORM , 1956: CITY ATTORNEY MAYOR THE CITY OF CORPUS CHRISTI, TEXAS 73 1 THE STATE OF TEXAS COUNTY OF NUECES THE CITY OF CORPUS CHRISTI 11 T. RAY KRING, CITY SECRETARY OF THE CITY OF CORPUS CHRISTI: TEXAS: DO HEREBY CERTIFY THAT THE FOREGOING IS A TRUE AND CORRECT COPY OF SUCH ARTICLES, SECTIONS AND PARTS OF SECTIONS, OF AMENDMENTS ADOPTED BY ORDINANCE N0. 1851: PASSED AND APPROVED ON THE 9TH DAY OF OCTOBER: 1945, CANVASSING THE ELECTION HELD OCTOBER 6, 1945, RECORDED IN VOLUME 14, PAGE 4831 OF THE ORDINANCE AND RESOLUTION RECORDS OF THE CITY OF CORPUS CHRISTI: AND ORDINANCE N0. 2207, PASSED AND APPROVED ON THE 6TH DAY OF JANUARY, 1948, CANVASSING AN ELECTION HELD ON THE 3RD DAY OF JANUARY, 1948, RECORDED IN VOLUME 16, PAGE 101 OF THE SAID ORDINANCE AND RESOLUTION RECORDS: AND BY ORDINANCE 25051 PASSED AND APPROVED ON THE 7TH DAY OF APRIL: 1949, CANVASSING THE ELECTION HELD ON THE 5TH DAY OF APRIL: 19491 RECORDED IN VOLUME 17: PAGE 332, OF SAID ORDINANCE AND RESOLUTION RECORDS, AND ORDINANCE N0. 4229, PASSED AND APPROVED ON THE 25TH DAY OF MAY, 19551 CANVASSING AN ELECTION HELD ON TH3 21ST DAY OF MAY, 19551 RECORDED IN VOLUME 240 PAGE 1331 OF THE SAID ORDINANCE AND,RESOLUTION RECORDS, BEING ALL OF THE AMENDMENTS ADOPTED AFTER NOVEMBER 231 1939' I DO HEREBY FURTHER CERTIFY THAT THE CHARTER OF THE CITY OF CORPUS CHRISTI AS ORIGINALLY GRANTED BY THE STATE OF TEXAS BY ACT OF THE 31ST LEGISLATURE OF THE STATE OF TEXAS, APPROVED MARCH 151 19091 AND AS AMENDED ON APRIL 30: 19261 AND AS AMENDED NOVEMBER 231 19391 EXCEPT AS REPEALED OR AMENDED ON THE AFORESAID DATES, IS kLL CONTAINED HEREIN. ( DO HEREBY FURTHER CERTIFY THAT THE PROVISIONS OF THE CITY CHARTER AS AMENDED WERE DULY REARRANGED AND RENUMBERED IN THE NUMBERS AND SEQUENCE HEREIN SET FORTH BY ORDINANCE No. ADOPTED ON THE DAY OF t p 1 );.1956. TO CERTIFY WHICH: WITNESS MY HAND AND SEAL OF THE CITY OF CORPUS CHRISTI: TEXAS: THIS THE DAY OF 1 A. D. 1956. T. RAY KRING (S E A L ) CITY SECRETARY OF THE CITY OF CORPUS CHRISTI) TEXAS -74- CITY CHARTER I N D E X ART. SEC. PAGE -A- ABANDONMENT.: 65 STREETS ALLEYS . . . . IX. ACCOUNTS: 63 SEE FINANCE . CITY MAY MAINTAIN ON BEHALF OF CITY . . . . . IX. ACTIONS: AGAINST CITY . . . . . . . . . . . . . e . . ix BY CITIZENS . . . . e . • . . . e . IX SEE CITAZENS SEE SUITS ADDITIONS: SEE ZONING & PLANNING ADMINISTRATIVE DEPARTMENTS: SEE SPECIFIC TITLES ADDITIONAL DEPARTMENTS, CREATION OF . . . . . IV APPOINTMENT OF DIRECTORS . e . . e . . . . IV HEAD OF DEPARTMENT SHALL MANAGE HIS DEPARTMENT IV REMOVAL OF DEPARTMENT HEADS TO BE CONFIRMED BY COUNCIL e e • . • e o . e e • • . III RESPONSIBILITY OF DEPARTMENT HEADS TO CITY MANAGER e e . . e • -• e . e e . . . . IV RIGHT OF CITY MANAGER TO ASSIGN DUTIES TO DIRECTORS e . . • . . . . . e • . • . IV RULES AND REGULATIONS • • e e . . • . e , e IV VACANCY IN OFFICE OF DIRECTOR e . • • e e 1V ADVERTISEMENTS: SEE NOTICES e e • , e • • . • e o e , , . e IV ADVISORY BOARDS: SEE SPECIFIC BOARD TITLES INDUSTRIAL AND AIRPORT BOARD: APPOINTMENT OF MEMBERS . e e . . . e . V APPROPRIATION OF EXPENSES . . e . e . V DUTIES o e • e o . e e .. . . . . e . . V HOUSING COMMITTEE • e • o e . . . e . V RECREATION BOARD • e e o s • e e a o• e• • V AIRPORT: ACQUITION OF AIRPORT AND LANDING FIELD PROPERTY • . e . e o o . e . • . e • IV ANNUAL REPORT OF REVENUES AND EXPENSES . . . IV APPOINTMENT OF AIRPORT MANAGER AND ASSISTANTS IV CITY SHALL.MAINTAIN, ESTABLISH AND OPERATE . . IX INDUSTRIAL.. AND AIRPORT BOARD • e e e . • • . V 7$) 6 58 27 65 27 65 18 63 1 14 2(A ) 15 2(D) 15 4 14 3 15 '41 I . 15:. 2(C) 15 2(B) 15 8 16' 13 3 77 13 37 13 37 14 37 14 37 61 32 62 32 61 32 7 59 13 37 I N D E X CITY CHARTER "A" CONT°D ART. SEC. PAGE SUPERVISED BY DIRECTOR OF PUBLIC UTILITIES Iii 57 31 ALLEYS: SEE STREETS rNALIENABILITY . . . . . . . . . . . . . . . VIII 1 46 AMENbMENTS: SEE CHARTER RECALL PETITION — SEE RECALL REARRANGEMENT OF CHARTER . . . e . . . . . . IX 40 69 ANNEXATION: CONTRACT WITH PROPERTY OWNERS FOR PROPOSED ANNEXATION • . • • • . . . o . • . . • I / 2(B) 1 1 ELECTION . e • . • . . • • e . • . e e . . . 1 2(A) 1 ORDINANCE • . • • . • . • . e • e . . e . . . I 2(B) 1 POWER TO ANNEX UPON: A. PETITION OF 1500 CITY VOTERS . . . ( 2(A) 1 B. PETITION OF 10% OF VOTERS IMi TERRI— TORY e e • . • . . . . e 6 e i. • • I 2(A) 1 C. TERRITORY INHABITANTS TO HAVE EQUAL RIGHTS • . . e . . • . 1 2(B) 1 D. WILL OF COUNCIL . . . . . . . . . ( 2(A) 1 E. WRITTEN RECOMMENDATION OF ZONING & PLANNING COMMISSION . . e • e . 1 2(A) 1 PROPERTY -A -N NEXATION DEDICATED TO A PUBLIC USE. . . . . I 2(C) 1 UTILITY LINES BECOME PROPERTY OF CITY . . . . VIII 16 57 APPROPRIATIONS: BUDGET APPROPRIATION ORDINANCE UPON ADOPTION OF BUDGET.. . • . . . IV 14 7 CERTIFICATE OF DIRECTOR OF FINANCE REQUIRED. IV 21 21 TRANSFERRABLE BETWEEN DEPARTMENTS . . . . . . IV 16 20 ATTORNEY: APPOINTMENT IV 25 22 ASSISTANT CITY ATTORNEYS—APPOINTMENT IV 25 22 DUTIES . . . . . • . . . . . . e e • • . • e IV 25 22 ENFORCEMENT OF PENAL ORDINANCES IV 26 23 FILES SUIT FOR DELINQUENT TAXES e . • e VII 8 44 OBJECTIONS TO LEGAL DOCUMENTS SHALL BE FILED WITH CITY SECRETARY • . . e . e . • . IV 26 23 LEGAL DEPARTMENT HEAD . . . . . . . . . . . IV 25 22 MUST APPROVE ALL CONTRACTS ACCEPTED . . . . . IX 14 61 QUALIFICATIONS . . . . . . . . . . . . . IV 25 22 TO ADVISE IN WRITING AUTHORIZATION OF ORDI— NANCE PERMITTING EXTENSIONS AND RE— MISSIONS OF TAXES. . . . VI i 9 44 76 I N D E X Vj CITY CHARTER "A" CONTOD ART. SEC. PAGE AUDIT: CITY CONTROLLER SHALL CAUSE AN AUDIT AFTER VACANCY OF ANY OFFICER OF CITY II 30 11 INDEPENDENT AUDIT ANNUALLY . . . . . . . . II 29 11 PUBLIC UTILITY FRANCHISE ACCOUNTS • . . . . Vill 5(H) 48 _ E RECORDS OF LESSEE PUBLIC UTILITIES VIII 6 4) ( 51 AUDITOR: 4 CITY CONTROLLER IS CHIEF AUDdTOR OF CITY e • II 28 11 AUDITORIUM: ESTABLISHED BY CITY COUNCIL e o o • e IX 16 63 AWARDS: MADE AFTER BID IS ON FILE THIRTY DAYS e e o i' IX 14 61 "B" BALLOT BOXES: PROVIDED FOR AT VOTING PLACE e e e e e • • IX 19 64 BIDS: h ADVERTISING e e • • o •� s . e -e o e . IX 14 61 OIL AND GAS LEASES CITY TO RECEIVE AFTER PUBLICATION . • . . . e e.e e e • o VIII 10 52 RECEIVED BY PURCHASING AGENT OR CITY SECRE— TARY . . . . . . . . . . . . . . . e . .o . . IX 14 61 SHAL1. REMAIN ON FILE FORTY—EIGHT HOURS BEFORE AWARD IS MADE . • • . . • . e . • e IX 14 61 i SEE CONTRACTS f BIRTH AND DEATH CERTIFICATES: SHALL BE REQUIRED BY DIRECTOR OF PUBLIC HEALTH IV 47 29 i BOARDS: SEE SPECIFIC TITLES BOARD OF ARBITRATION: APPOINTMENT OF MEMBERS — PUBLIC UTILITIES o VIII 5(K) 49 CONDEMNATION PROCEEDINGS REGARDING PUBLIC_ UTILITIES . . . . . . . . . . .'. VIII 5(K) 49 BOARD OF EQUALIZATION: II APPOINTMENT • o • o e e e e • e • e e-. a VII 4 43 77 I I N D E I MBS CONT'D ART. SEC. .PAGE. HEARINGS: APPROVAL OF TAX ROLLS . • . • o e Vii _ 4 43 NOTICE .. . . . . . . VII 4 43 POWER TO SUMMON WITNESSES . . . . o . Vil 4 43 POWER TO ADMINISTER OATH . . . . ... Vil 4 43 MEMBERS e.... • • e e . o e o e • o e o e Vil 4 43 OATH . . . 0 Vil 4 43 QUALIFICATIONS . . . . . • . . . . . . . . . VII 4 43 SUPERVISION OF ASSESSMENTS . o o e e o VII 4 43 BOATS: SEE HARBOR lig WATERFRONT BONDS: BOND AND WARRANT LAW OF 1931 — APPLICATION o Vil 11 45 CITY DEPOSITORY . . • • • . . • • e . e . . IV 8 16 COURTS DO NOT REQUIRE ON BEHALF OF CITY . o IX 24 65 CURRENT. NOT TO BE AFFECTED BY ANY AMENDMENT HERETO o . . . e o e . . . . • e IX 33 68 DIRECTOR OF FINANCE . . . . . o . . . . . . IV 6 16 DIRECTOR OF PUBLIC WORKS • o. o . e o . . . IV 41 28 ELECTIONS: AUTHORITY TO ISSUE e e e o VII 10 44 CALLING OF . . .. . . . ViI 10 44 LEVY OF ADDITIONAL TAX o e . e Vil 10 44 NECESSITY FOR . . . . . . e o Vil 10 44 PROCEDURE — COUNCIL'S AUTHORITY TO PRESCRIBE e . . o . e o • • . . VII 10 44 QUALIFICATIONS OF VOTERS e s o e . e• VII 10 44 QUESTIONS TO BE SUBMITTED . . e • . . Vil 10 44 EMPLOYEES MAY BE REQUIRED TO GIVE o e o o . IV 5 15 ENGINEERING 6 CONSTRUCTION DIVISION HEAD e . . IV 42 28 INTEREST, MAXIMUM RATE . . o . • o e . e . e Vil 10 44 OFFICIAL — CITY MANAGER . • . o . • . 111 2 12 PAR VALUE, SHALL NOT BE SOLD FOR LESS THAN . VII 10 44 POLICE DIVISION MEMBERS . e . . . o o • . . • IV 30 24 PUBLIC HEALTH DIRECTOR e . . e e . e • . . . IV 52 30 PURPOSES: PERMANENT IMPROVEMENT • • e . e o e . VII 10 44 REFUND OUTSTANDING VALID BONDS . . . VII 10 44 SINKING FUND: INVESTMENT OF o e a e . . a . . . o . Vil 11 45 PENALTY FOR MISUSE e o • o e e o • . Vil 11 45 TAX ASSESSOR AND COLLECTOR . . o e e . e e . IV 10 18 WELFARE DIVISION HEAD . e . . o . o . • e IV 55 31 BOUNDARIES: SEE ANNEXATION 78 I N D E X 1°B" CONT°D ART. SEC. PAGE BRIDGES: INALIENABILITY • • . . . . . . e e . . . VIII 1 46 BUDGET: ADOPTION BY COUNCIL • . . e e e . e o e . IV 13(C) 20 APPROPRIATION ORDINANCE UPON ADOPTION OF BUDGET . . . . . . . . . . . . . . . IV 14 20 BUDGET OFFICER, CITY MANAGER. . . o o e e o III 2 12 CITY MANAGER TO PREPARE AND SUBMIT . . . . . 111 2 12 CiOUNCIL TO SILT UP'. . . . a .N 0 ., c, .- . ),%,. - r . IV 8 39 DEPARTMENT HEAD REPORTS SHOWING OPERATPONS OF '" ) it DEPARTMENT . . . . . . . . . . . . IV � 13(A) 19 ESTIMATE SUBMITTED TO COUNCIL, BY CITY MANAGER IV 11 18 FISCAL YEAR (AUGUST 1 TO JULY 31) . . . . . . IV 11 18 HEARING o . . . . . e . e . e . e . . e e . IV 13(A) 19 INNER—DEPARTMENTAL TRANSFER OF FUNDS . . e . IV 16 20 PARK BOARD e . e . . . • . . . o . . . . . . V 11 37 REQUIREMENTS OF BUDGET . . . . . . . . . . IV 11 18 REVENUE IN EXCESS OF TOTAL ESTIMATED INCOME . IV 17 21 ZONING 6 PLANNING COMMISSION, SUBMISSION OF. . V 2 34 ZONING & PLANNING COMMISSION APPROVED BY CITY MANAGER o . o . . e . e o e . s e V 2 34 _ BUILDINGS: REGULATION OF CONSTRUCTION. . . . o e . . . IX 3 58 SEE PUBLIC WORKS. DEPARTMENT n SEE ZONING ANQ PLANNING CEVETER IES: i BURIAL GROUNDS AND CREMATORIES — REMOVAL OF BODIES IN CEMETERIES . . . . . . . . IX 11 60 BURIAL GROUNDS AND CREMATORIES — POWER OF COUNCIL TO REGULATE e . o . o . . . o IX 11 60 CEMETERIES UNDER SUPERVISION OF DIRECTOR OF PUBLIC HEALTH . . . . . . a . . . . . IV 47 29 I CREMATORIES AND BURIAL PLACES UNDER THE SUPER— VISION OF DIRECTOR OF PUBLIC HEALTH . IV 47 29 MORGUES UNDER SUPERVISION OF DIRECTOR OF PUBLIC HEALTH. e e e o . o e o e e . e e o .. IV 47 29 CHARITIES AND CORRECTIONS: FUNCTIONS AND PROCEDURES MAY BE CONSOLIDATED WITH OTHER POLITICAL SUBDIVISIOPIS . . IX 41 70 POWER OF CITY TO ESTABLISH AND MAINTAIN e a . Ix 10 60 79 I N D E X "C" CONT°D ART. SEC. PAGE. CHARTER: AMENDMENT NOT TO AFFECT CURRENT CONTRACTS WARRANTS, BONDS AND OBLIGATIONS . IX AMENDMENTS TO CHARTER RECORDED BY CITY SECRETARY • . . e o . . . . .e IX ARTICLES AND SECTIONS REARRANGED AND RENUMB— ERED BY COUNCIL . . . . . . . . . . IX CHARTER PRIOR TO 1909 REPEALED AND ALL CON— FLICTING LAWS e . • • . • • . e • • • IX CONSTRUCTION . . . . . . . e . . • • e ix EXISTING LAWS NOT IN CONFLICT TO REMAIN IN FORCE UNTIL ALTERED . . . e • . . . • IX JUDICIAL NOTICE . . . . . . . . . . . . . . IX KEPT IN ARCHIVES OF CITY . , . . o . e . IX LIMITATION OF POWERS ON THE GOVERNMENT OF CITY . . . . . o . . . e . . • . IX MAYOR SHALL FURNISH COPY TO SECRETARY OF STATE IX PUBLIC ACT o • . • • • • • • o o . e . . IX j RECORDED BY CITY SECRETARY AND ALL AMENDMENTS THERETO • • • • . e • • e • • o e • e IX SEPARABILITY CLAUSE NOT AFFECTED BY . . . . . IX CITIZENS: MAY RESTRAIN OFFICIALS o o . a e . IX PROPERTY TAXPAYERS MAY MAINTAIN ACTION ON BE— HALF OF CITY . . . . . . . . . . . . . IX CITY ATTORNEY: , SEE ATTORNEY, CITY CITY OF CORPUS CHRISTI: CORPORATE NAME e 0o o o e o e a e e e I A BOND NOT REQUIRED ON BEHALF OF CITY IN STATE COURTS e e . o • . • • . . s . a e • Ix ELECTION EXPENSES PAID BY CITY . o IX OFFICERS AND EMPLOYEES EXEMPT FROM .JURY CITY IS PARTY • • e . o . e . e • • e IX PLEAD ORDINANCE BY CAPTION AS EVIDENCE . . IX POWERS: AIRPORT AND LANDING FIELD PROPERTY, j POWER TO ACQUIRE • o • . . . . IV BATHING AND SWIMMING WITHIN THE CITY, 11 POWER TO CONTROL AND DETERMINE 1 MANNER . e . e . e . • e • • o . • IX BORROW MONEY ON CITY'S CREDIT AND ISSUE BONDS • • . e • • . • . e o • • • . IX ISSUE BONDS FOR IMPROVEMENTS e e • e . IX OBSCENE OR INDECENT EXPOSURE, POWER TO ' CONTROL • • . • • . • • . • e Ix 80 33 35 40 32 37 20 20 35 37 35 20 35 39 1 24 19 26 28 68 69 69 68 69 64 64 69 69 69 64 69 69 63 63 1 65 64 65 66 61 32 15 62 15 62 29 66 15 62 I N D E X NCM CONT° D ART. SEC. PAGE ORDINANCES CONDEMING PROPERTY, CITY MAY PASS• e 6-0 . . . . . Ix 15 62 PURCHASE PUBLIC UTILITIES UPON FOUR FIFTHS VOTE OF CITY COUNCIL e . . . e e e . • IX 15 62 WATER WORKS, POWER TO CONSTRUCT, MAINTAIN e e . o • . e e e . . • • . • • • • e Ix C 15 G 62 CITY COUNCIL: - SEE COUNCIL CITY SECRETARY: APPOINTMENT OF e . • • e 11 26 10 BIDS, SECRETARY OR PURCHASING AGENT MUST RECEIVE IX 14 61 DUTIES: CHARTER KEEPING s e s o e . e s y Ix 35 69 ACQUISITION 0f PROPERTY, TO GIVE NOTICE OF VIII 11(3) 54 GENERAL DUTIES . o e o e e e • .. e e . ( I 26 10 NOTICES: SEE NOTICES NOTICE TO PURCHASE PROPERTY OF FRANCHISE HOLDER . . . . . . e e . . . . • e . . V111 5 (K) 1, 50 RECALL . . . . . . . . . . . . . . . . . . 11 20,22 S RECORD CHARTER AT LENGTH o . o . . . . . . IX 35 69 I CITY DEPOSITORY: ADVERTISEMENT FOR BIDS a . o e e IV 8 16 BOND e . . e . • • • . e e o . e e e o . . • . . IV 8 16 FUNCTIONS OF . . . . . • e . . e . . e . . e e IV 8 16 .SELECTION OF . . . . o . . e e • e e e o . • e IV 8 16 CITY JAIL: JAIL AND HOSPITAL CORRECTIONAL WORK AND PUBLIC CHARITIES UNDER THE SUPERVISION OF THE WELFARE DIVISION . . . . . . o IV 54 31 1 UNDER CONTROL OF CHIEF OF POLICE • . e . e e • IV 32 25 I CITY MANAGER: SEE MANAGER CITY PROPERTY: SEE PROPERTY CIVIL SERVICE: SEE PERSONNEL AND CIVLL SERVICE (CLASSIFIED { I SERVICE) CLAIMS: APPROVED BY DEPARTMENT HEAD BEFORE VOUCHER IS ISSUED • • • e • e e o . e . e e . e e • IV 20 21 DIRECTOR OF FINANCE RESPONSIBILE FOR PAYMENT • • IV 20 21 81 INDEX "C" CONT'D ART. SEC. PAGE CLASSIFIED -SERVICE: EMPLOYEES SHALL NOT BE FAVORED OR DISCRIMINATED AGAINST BECAUSE OF POLITICAL OR RELIGIOUS OPINIONS . e . e . • • . . . . VI 9 40 FUNDS ARE SET UP ANNUALLY BY COUNCIL VI 8 39 MERIT AND FITNESS AS BASIS e e a o VI 3, 38 RULES AND REGULATIONS OF CLASSIFIED SERVICE ADOPT— ED AS BY CIVIL SERVICE BOARD . . • . . . . VI 4 39 COMMISSIONERS: ABSENCE FROM THREE SUCCESSIVE REGULAR MEETINGS 11 11,14 5,6 CANDIDATES TO FILE APPLICATION IN WRITING WITH CITY SECRETARY . . . . . . 11 1 2 COMMISSIONER DISQUALIFIED FOR OFFICE 11: TAXES DELINQUENT . . • . . . . . . . '. . . • . VI l 6 43 ELECTION e . . . • . . . . e e . . . . e • . 11 3 3 COMPENSATION FOR MEETINGS . . . . . . . . . . . II 8 4 NOMINATION BY PETITION FOR CANDIDATE . . . . . II 2 2 PUBLIC SERVICE AND COMEKSATION OF'. . . . . . V11 11(8) 56 QUALIFICATIONS OF CANDIDATES FOR ELECTION • . • 11 2 2 RECALL OF . . . . . . . . . . . . . . . . . . . 11 20 8 SHALL NOT HOLD ANY.OTHER PUBLIC OFFICE e • e . 11 10 4 SHALL NOT BE PECUNIARILY INTERESTED IN CONTRACTS 11 10 4 SUBJECT TO REMOVAL BY IMPEACHMENT IF PROVISIONS OF CHARTER VIOLATED . • . • • • . . e 11 11 5 VACANCY IN OFFICE OF . . . o . • • e it 15 6 COMPENSATION: ACQUISITION OF PROPERTY . . . . . . o o V111 11 (1) 53 PUBLIC UTILITY FRANCHISE HOLDERS, COUNCIL'S RIGHT TO COLLECT • o e • e • e e . • . e . • • . V I l I 5 ( 1 ) 48 CONDEMNATION: HEARINGS: CONDEMNATION CASES SHALL BE HELD IN OPEN MEETINGS • • e e • • eFCT VI 11 11(5) 55 Eo I• Y• PROCEEDINGS RECORDDeeo COUNCIL . . . . . . . . . . . . . . . VIII 11(6) 55 PARK PROPERTY — NECESSITY FOR APPROPRIATION • e V 10 37 CONTRACTS: ANNEXATION • • • o • • e e • • • e . . . . . • 1 2(8) 1 APPROVAL OR DISAPPROVAL BY CITY ATTORNEY . . e IV,IX 25,14 22,61 AUTHORIZED BY ORDINANCE OR MOTION . . . . . . . IX 14 AWARD OF AFTER BID IS ON FILE THIRTY DAYS . . . IX 14 61 BINDING THE CITY TO PAY PERSONAL SERVICES FOR ANY PERIOD OF TIME PROHIBITED . . . • . IX 14 61 CITY COUNCIL SHALL NOT BE PECUNIARILY INTERESTED IN . . ... . 11 10 4 COLLECTING DELINQUENT TAXES 15 PROH;BITED BY CON— TRACT . . . . . • e e e • • • . e • • • . IV 27 24 82 ' I N D E X „CM CONT�D ART. SEC. PAGE EXECUTED BY CITY MANAGER . • . . • • . . • . III 2 12 EXPENDITURES EXCEEDING THE BUDGET SHALL BE VOID IX 14 61 MAYOR TO HAVE POWER TO SIGN ALL CONTRACTS (SEE ,ART.111 SEC. 2 AS TO CITY MANAGER). . . . . 11 7 4 NOT TO BE AFFECTED BY ANY AMENDMENT HERETO . . . IX 33 68 ORDINANCE FOR EXTENSION OF WATER WORKS . . . . . IX 31 68 REVENUE BONDS GOVERNED BY BOND AND WARRANTY LAW OF 1931 . . . . . . . . . . . . . e . • . VII 11 45 PUBLIC UTILITIES CONTRACTS NOT BINDING TO CITY MORE THAN FIVE YEARS EXCEPT BY ELECTION . V111 12 56 VOID CONTRACTS — IF ACTED UPON SIXTY DAYS BEFORE ELECTION OF CITY COUNCIL . . . . . . . . 11 17 7 CONTROLLER: , APPOINTMENT, QUALIFICATIONS• AND DUTIES II 28 11 CONVEYANCES: EASEMENTS — SEE EASEMENTS DEEDS — SEE DEEDS CORPORATE NAME: CITY OF CORPUS CHRISTI . . . . . . . . . . . . I 1 1 CORPORATION COURT: CLERK: APPOINTMENT, DUTIES AND QUALIFICATIONS VACANCIES AND ABSENCE . 11 27 10 APPOINTMENT OF DEPUTY • e e II 27 10 JUDGE: .SHALL BE A LICENSED ATTORNEY o e • e e II 27 10 SHALL HOLD OFFICE FOR 2 YEARS . . . . . . II 27 10 NOMINATED BY MAYOR . . . . . • • • • • . I1 27 10 SALARY FIXED BY ORDINANCE . • • • • II 27 10 CORPORATE POWERS: SEE POWERS CORPUS CHRISTI JUNIOR COLLEGE DISTRICT: CONSOLIDATION WITH CITY . . ! . . . . . . . • • IX 41 70 COUNCIL: ABSENCE OF COMMISSIONER FROM THREE REGULAR. . . . 11 14 6 ADOPTION OF BUDGET • • • . . . . . • . . • . . . IV 13(C) 20 AUTHORIZATION OF CONTRACT BY ORDINANCE . . . . • IX 14 61 CONTRACTS — SHALL NOT BE PECUNIARILY INTERESTED IN 10 4 DUTIES: APPOINT THE CITY MANAGER e e o . . . • I 3 2 COUNCIL AND CITY MANAGER SHALL EXECUTE LAWS AND ADMINISTER THE GOVERNMENT OF THE CITY . . . . . . . . . . . . . . i 3 2 83 I N D E X COUNCIL CONT'D ART. SEC. PAGE DETERMINE POLICIES . . . . . . ( 3 2 EXACT LOCAL LEGISLATION . . . . . . . . I 3 2 ELECTION . II 3 3 FORFEITURE OF OFFICE . VIII 9 51 INTERFERENCE WITH EMPLOYEES PROHIBITED . . II 18 7 MAJORITY VOTE OF COUNCIL REQUIRED ON ALL ORD— INANCES AND RESOLUTIONS . . . . . . . . . I 3 2 MAYOR AND 6 COMMISSIONERS . . • e . . . . . e • . I 1 1 2 J MAYOR PRO TEM DESIGNATED BY . ej. II 4 3 MEETINGS: TO BE HELD AT CITY HALL • • e i ( 16 7 ALL SESSIONS OPEN TO PUBLIC () 16 7 .JOURNAL OF PROCEEDINGS . . . ll 16 7 QUORUM . . e e • . . e . • . • • e s . • • I ( 16 7 MEMBERS REMOVAL BY IMPEACHMENT . . . . . . . . . II 11 5 MEMBERSHIP AND TERM . . . . . . . . . ( I 1 2 i � POWERS: ANNEXATION . . . . . . • . . . . 1 2 1 APPOINTMENT OF BOARDS AND COMMISSIONS: AIRPORT & INDUSTRIAL BOARD o • e e .V 13 37 LIBRARY BOARD . . . • . • e e s • • ) 12 37 ZONING & PLANNING BOARD e e e V 1 34 AUDITORIUM ESTABLISHMENT . e IX 16 63 APPROPRIATIONS . . . e . e e • • e o • e • VI 8 39 APPROPRIATIONS — WATER REVENUES e e • . . IX 30 67 I APPROPRIATIONS — AIRPORT INDUSTRIAL BOARD V 13 37 p APPOINTMENT — CITY MANAGER . . . . . . . III 1 12 I` ALL POWERS OF CITY . e • • . . . • • • • 1 3 2 BOND ISSUES . . . . . . . . . . . . . . . VII 10 44 i BUDGET e . . . . . • . • . . o . . • . V1 8 39 CHARTER RE—ARRANGEMENT . . . . . . . . . . IX 40 59 CREATE RECREATION BOARD . . . . • e . e V 14 37 EASEMENTS: GRANTING OF e o s o e•... VI 1 I 1 46 FORFEITURE OF . . . • . . . VI 11 1 46 ELECTION REGULATION . . . . . . . . . . . IX 19 64 ELECTION .JUDGE . . . . . . . e . . . . . . 11 9 4 FINANCE LIBRARY . . e . . . . . o . • e • IX 16 63 FRANCHISE, POWER TO PURCHASE . . • r VII 5 (K) 49 INQUIRY INTO DEPARTMENTS e e • e II 19 8 LEVY AND COLLECT POLL TAXES . . . . . . . VI 1 41 LIBRARIAN APPOINTMENT . . . . . . . . e . V 12 37' I MAYOR'S REMOVAL . . . • e . . e e • . e e 11 12 5 ORDINANCES AND RESOLUTIONS PASSED OVER I MAYOR'S VETO . . e . . . . . . . . . I ( 6 3 J PASS ORDINANCES AND RESOLUTIONS . . e . II 16 7 (SEE ART. VII, SECTION 6) REGULATE EFFICIENCY OF FRANCHISE HOLDER. VIII 15 57 I 84 i 1 COUNCIL — CONT'D I N D E X ART. REMOVAL OF CITY -MANAGER AND CONFIRMA— TION OF APPOINTMENTS . . . . II RULES OF PROCEEDINGS II UTILITY RATES REGULATED VIII RECALL: SEE RECALL OF OFFICERS RESTRICTIONS UPON MEMBERS II SUSPENSION OF MAYOR • I I TAX ORDINANCE — COUNCIL'S FAILURE TO PASS . . . VII VACANCY IN OFFICE OF COMMISSIONER . . . . . . . 11 VALIDITY OF FORMERLY ENACTED ACTIONS . . . . . . I IX COURTS: 1 BONDS NOT REQUIRED OF CITY e e • s e . . e . . . IX CHARTER — PUBLIC ACT . . . . . . . . . . . . . . IX GARNISHMENT - CITY NOT SUBJECT TO. . . IX .JUDGE NOT DISQUALIFIED BECAUSE CITIZEN OF CITY IX NO ACTION PERMITTED FOR PERSONAL INJURIES WITHOUT WRITTEN NOTICE . . . . . . • . . . IX ORDINANCES PRINTED OR CERTIFIED AS EVIDENCE . IX PLEADING ORDINANCES BY CAPTION . . . . . . . . IX SEPARABILITY OF CHARTER PROVISIONS . . . . . . . IX I DEEDS: EXECUTED BY CITY MANAGER .. e e I I I DELINQUENT TAXES: SEE TAXATION COLLECTION OF DELINQUENT TAXES BY CONTRACT PRO— HIBITED o. . . . . .IX EMPLOYMENT OF PRIVATE COUNSEL FOR COLLECTION OF DELINQUENT TAXES DUTY OF CITY ATTORNEY IX DEPARTMENTS: SEE ADMINISTRATIVE DEPARTMENTS DOCKS: SEE HARBOR AND WATER FRONT EASEMENTS: GRANTING — POWER OF COUNCIL e . . . e . . . • VIII FORFEITURE — POWER OF COUNCIL . . . . . . . • • VIII ELECTIONS: y ANNEXATION BY QUALIFIED VOTERS . . . . . . . I BOND ELECTIONS . . . . . . VI I CONTRACTS AND FRANCHISES VOID IF ACTED UPON SIXTY DAYS BEFORE ELECTION OF COUNCIL . . . . . . . .II EXPENSES FOR ELECTIONS PAID BY CITY . . . . . . . IX 85 SEC. PAGE 3,4 3 11 5 14 57 10 4 12 5 1 41 15 6 34 68 24 65 20 64 24 65 26 65 27 65 23,28 65,66 28 66 39 69 2 12 27 65 27 65 1 46 1 46 2(A) 1 10 44 17 7 19 64 I N D E X IV 42 28 ELECTIONS — CONTID ART. SEC. PAGE EXTENS16NS–AND IMPROVEMENTS OF WATER WORKS IX 31 68 GRANTING PUBMIC UTILITY FRMCHISES OR LEASES. VIII 2 46 MAYOR AND COMMISSIONERS, ELECTION OF . . . . . 11 2 46 RETURNS COUNTED AND EXAMINED UNDER SUPERVISION OF CITY COUNCIL . . . . . . . . . . . . . . . IX 19 64 RECALL -BALLOT -REQUIREMENT . . . . . . 11 23 9 RECALL ELECTIONS OF MAYOR OR COMMISSIONERS . II 22 9 RESULTS OF RECALL ELECTION . . . . . . . II 24 10 REGULATIONS CONCERNING ELECTIONS MADE BY CITY IX 41 70 COUNCIL . . . . . . . . . . . . . > . . . . . IX 19 64 SPECIAL ELECTION WHEN MAYOR PRO TEM IS INELIGIBLE IV 7 16 TO FILL VACANCY IN OFFICE OF MAYOR BY REASON OF RECALL PETITION . . . . . . . . , i I 13 6 PUBLIC NOTICE. . . IX 21 64 VOTING PLACE 1N VOTING PRECINCT • . . o . . IX 19 64 VOTING PRECINCTS SHALL HAVE VOTING PLACE . . . IX 19 64 VOTING PLACES PROVIDED WITH BALLOT BOXES . . . . IX 19 64 EMINENT DOMAIN: SEE PUBLIC UTILITIES IV 7 16 EMPLOYEES: IV 11,16 18,20 SEE PERSONNEL AND CIVIL SERVICE EMPLOYMENT OF PERSONNEL: CLASSIFIED SERVICE a (11 3 13 DIRECTORS OF DEPARTMENTS AND DIVISION BEADS 111 3 13 ENGINEERING DIVISION: APPOINTMENT OF ENGINEERING HEAD BY CITY MANAGER IV 42 28 BOND — ENGINEERING HEAD REQUIRED TO MAKE . . . . IV 42 28 \� DUTIES OF ENGINEERING HEAD:. APPROVE MAPS . • e e • • • • • • e e • • • • V 6 35 EX OFFICIO MEMBER OF ZONING & PLANNING . . . IV 42 28 RESPONSIBILITY OF PLUMBING AND WIRING INSPEC— TION • • • • e . • • e a • e a • • • • • IV 42 28 SUPERVISOR OF SIDEWALKS AND STREETS . . . . IX 17 63 QUALIFICATIONS OF ENGINEERING HEAD: MUST BE A LICENSED ENGINEER • e e • . e . • IV 42 28 UNDER DIRECTION OF PUBLIC WORKS . . . . IX 41 70 FINANCE DEPARTMENT: ACCOUNTS . . • . . . . . . • . . . . . . . . IV 7 16 ACCOUNTS SHALL BE MAINTAINED FOR APPROPRIATIONS MADE • .. . . e • . . IV 19 21 BUDGET AND FISCAL OPERATIONS a • a e e IV 11 18 CERTIFICATION OF FUNDS BY DIRECTOR OF FINANCE . . IV 21 21 CITY TREASURER AND CITY DEPOSITORY . . . . . . IV 8 16 DIRECTOR OF FINANCE e o s e e a e IV 6 16 DIVISIONS: ACCOUNTING . . . . . . . . . . . . . . . IV 7 16 BUDGETING . e • . . . e . e . e . . IV 11,16 18,20 86 N D E X 4 FINANCE CONT'D i ART. SEC. PAGE PURCHASING • • IV 9' 17 TAXATION . . . . . IV 10 18 TREASURY o. • . • • IV 8 16 :FUNDS IN TREASURY• • .. • • IV 22 22 -MONEY IDRAWN FROM CITY TREASURY BY APPROPRIATION . IV 18 21 PURCHASES AND SUPPLIES BY DIRECTOR OF FINANCE IV 9 17 PURCHASING AGENT . • . • . • . . • . . IV 9 17 RESPONSIBILITY OF DIRECTOR OF FINANCE FOR PAY— MENT OF CLAIMS AGAINST CITY a IV 20 21 j REVENUE IN EXCESS OF ESTIMATED INCOME • . .. . IV 17 21 TAX ASSESSOR AND COLLECTOR . . . . . 0 IV 10 18 VOUCHERS ISSUED TO EMPLOYEES FOR SALARY • • • • . IV 24 22 FINES: 1 COMMUTATION OF BY LABOR, ETC .. • • . • e . • • . .IX 13 60 ENFORCEMENT OF ORDINANCES . . . • IX 13 60 ORDINANCE SHALL NOT PROVIDE FOR LESS PENALTY THAN IMPOSED BY STATE • . e • e • e • • • • • • • IX 13 60 FIRE DIVISION: APPOINTMENTS: FIRE MARSHALL APPOINTED BY CITY MANAGER . . . IV 35 25 FIRE.CHIEF APPOINTS ASSISTANT AND ASSISTANTS IV 35 25 MEMBERS OF FIRE FORCE, OTHER THAN ASSISTANTS SHALL BE APPOINTED BY CIVIL SERVICE I - COMMISSION . . • . • . • . e e . . . . . IV 35 25 DUTIES OF FIRE CHIEF: j AUTHORIZED TO EXERCISE POWERS 0P POLICE � OFFICERS . . • . . • IV 40 27 PRESCRIBE BADGES FOR FIRE DIVISION . . . . . IV 40 27 SHALL BE EXPERIENCED FIREMAN . . . e • . • IV 35 25 SUSPENSION OF OFFICERS OF FIRE DEPARTMENT IV 37 27 DUTIES OF ASSISTANT AND ASSISTANTS: APPOINTED BY FIRE CHIEF . . . . . . . e IV 35 25 FIRST ASSISTANT TAKES OVER DUTIES IN CASE OF DEATH OR ABSENCE OF CHIEF . . . . . . . . IV 35 25 MAY EXERCISE AUTHORITY OF POLICE OFFICERS . . IV 40 27 DIVISION COMPOSED OF FIRE PREVENTION & FIRE SUR— UR—PRESSION PRESSIONSECTIONS • e . , o . • • . . . ' . . IV 35 25 DIVISION HEAD UNDER DIRECTOR OF PUBLIC SAFETY . . IV 28 24 DIVISION HEAD SHALL BE FIRE CHIEF . . . . . . . . IV 35 25 UNIFORMS SHALL BE PRESCRIBED BY FIRE DIVISION IV 40 27 WAGES • • • • • • • • • . • • o • . • e . . . • • IV 36 26 FOOD: HANDLERS • • • • o . • e • • • . . • • e . . . . ...IX 12 60 UNWHOLESOME . . . . . . . . • . -• .• . . . . . • IX 12 60 MILK • o • • • • • • • • • • . - • . e • • . • . • Ix 12 60 87 I N D E X "F" CONT'D ART. SEC. PAGE FRANCHISES: NOT TO ABRIDGE POLICE POWER . . • . . . . • • • Vlll GRANTEE MAY BE REQUIRED TO FURNISH REPORT . . . . IV 62 32 FORFEITURE OF OFFICE OF ELECTIVE OR APPOINTIVE . OFFICERS OF CITY . . . VIll 9 51 FORMERLY ENACTED ARE VALID . . . . . . . . . . . IX 34 68 POWER OF COUNCIL TO GRANT, RENEW OR EXTEND UTILITY FRANCHISES: TERM OF FRANCHISE. . . . . . Vlll 2 46 ELECTION, WHEN REQUIRED . Vill 2 46 PUBLIC UTILITY FRANCHISES: PURCHASE BY CITY: POWER OF COUNCIL. . . . . . . . . . e . VI 11 2,5(K) 46.49 VALUATION OF PROPERTY: BY AGREEMENT . . e . . . . . . . Vlll 5(K) 49 BY ARBITRATION . e . . . . . . . . Vlll 5(K) 49 FACTORS TO BE CONSIDERED . . . . . VIII 5(K) 49 EFFECT OF AMENDMENT ON EXISTING FRANCHISES . . VI11 8 51 ORDINANCE GRANTING . . . . . . . . . . . . . . V1ll 3 47 REGULATION BY CITY . . . . . . . . v . • V I l l 5 47 TRANSFER . . . . . .. . • V1 l l 4 47 VOID IF ACTED UPON SIXTY DAYS BEFORE ELECTION OF CITY COUNCIL . . . . . . . . . e . . . . l l 17 7 GOVERNMENT: COUNCIL—MANAGER . . . . • e e • • . s e e a e • • 1 3 2 FORM OF . . . . . . . • . . . . . . . . I 3 2 HARBOR AND WATERFRONT: HARBOR MASTER — POWER OF COUNCIL TO EMPLOY . . . IX 9 59 HEALTH: SEE PUBLIC HEALTH HIGHWAYS: ANNEXATION . . • . . . • . . . e • • • • • • • 2(C) 2 INALIENABILITY . . . . . . . . . . . . . V I l l 1 46 HOSPITALS: CLINICS AND HOSPITALS UNDER CONTROL OF PUBLIC HEALTH DIRECTOR . . . . . . . . . . . . . . . IV 46 29 POWER OF CITY TO ESTABLISH AND PROVIDE . . . . . IX 10 60 HOUSING COMMITTEE: CREATION OF . . . . . . . . . . . . . . . . . . V 14 37 INDEPENDENT SCHOOL DISTRICT: CONSOLIDATION WITH CITY e . . . . . . IX 41 70 88 I N D E X "I" CONT'D ART, SEC. PAGE INCORPORATION: CITY INCORPORATED UNDER SPECIAL ACT, 1909. I INJURIES: FAILURE TO NOTIFY CITY COUNCIL OR MAYOR EXEMPTS CITY FROM LIABILITY . . • . . . . . . • . . . IX NOTICE OF INJURY TO COUNCIL WITHIN 90 DAYS IX INSURANCE: y EMPLOYEES GROUP INSURANCE • e . IX INVENTORY OF PROPERTY: PROPERTY VALUE OF FRANCHISE HOLDER . . . . . . VIII REAL AND PERSONAL PROPERTY . . . VII JUDGE OF COUNTY COURT AT LAW: STATEMENTS FOR CONDEMNATION FILED WITH . . . . . VIII LEASES: ALIENABILITY OF PUBLIC PROPERTY e . . . e VII OIL, GAS AND MINERAL LEASES: BIDS . . . . . VIII PUBLICATION OF NOTICE . . . VIII TERMS — DISCRETION OF COUNCIL AS TO . . . . . VIII POWER OF COUNCIL TO GRANT, RENEW OR EXTEND: ELECTION, WHEN REQUIRED . . . . . . . e . . . VIII TERM OF LEASE . . . . . . . . . .. . . . VIII REGULATIONS AND TERMINATION — POWER OF COUNCIL TO VIII TRANSFER OF — SUBJECT TO APPROVAL OF COUNCIL VIII USE PRIVILEGES. POWER TO GRANT: BOAT DOCKS . . . . . . . . . V I I I CITY AUDITORIUM. . . VIII PUBLIC BUILDINGS & FACILITIES . . . . VIII FORFEITURE — POWER OF COUNCIL . . . . . . . . VIII TERMS AND CONDITIONS — POWER OF COUNCIL TO Fix . . . . VIII LEGAL DEPARTMENT: SEE ATTORNEY — CITY LIABILITY: CITY NOT LIABLE FOR DEFECTS OF SIDEWALKS, CURBS OR GUTTERS . . . . . . . . . . . . . . . . . . IX LIBRARY: LA RETAMA LIBRARY FINANCED AND MAINTAINED BY CITY COUNCIL . . . . . . . . . . . . . . . . IX LA RETAMA LIBRARY IS SUPERVISED BY LIBRARY BOARD V 89 27 65 27 65 12 60 5(K) 49 3 42 1 42 10 52 10 52 SO 52 2 46 2 46 6(1) 50 4 47 1 46 1 46 1 46 1 46 1 46 6 58 16 12 63 37 N D E X LIBRARY CONT°D ART. SEC. PAGE LIBRARIAN APPOINTED BY CITY COUNCIL e . e . . V 12 37 NOMINATED BY PARK BOARD -o'.'* • • • • . . • V 12 37 RULES AND REGULATIONS OF LIBRARY PRESCRIBED BY LIBRARY BOARD . • e • e e . • e • • • • o • • V 12 37 LIBRARY BOARD: MEMBERS: APPOINTMENT OF . .e • • e o e e • • • e • e • V 12 37 TERM • • • . e • • e • e e • • a • • • • • • V 12 37 _ LIBRARIAN: APPOINTMENT • e • e • o e • e • s • e • . . • V 12 37 DUTIES V 12 37 SUPERVISION OF L•BRARIESe ee I • • V 12 37 LICENSE: GRANTS AND REVOCATIONS e e e e o.•• e VII 1 41 ` TRADES AND PROFESSIONS • o 0 o e e • . e • VII 1 41 LIENS: FORECLOSED ON DELINQUENT TAXES .e e o e e e VII 8 44 TAXABLE PROPERTY CHARGED WITH LIEN 1N FAVOR OF CITY . • • . . . . . . . e e e . 0'. . . . . e VII 2 42 TAX LIENS . • . . . . o • . • . . . . . • . . • VII 2 42 LOWER NUECES RIVER WATER SUPPLY DISTRICT: CONSOLIDATION WITH OTHER POLITICAL SUBDIVISIONS IX 41 70 MANAGER: ABSENCE • o • e 1 12 ACTING CITY MANAGER APPOINTED BYCOUNCeL. III 1 12 APPOINTED BY CITY COUNCIL e . . . . . . . • oIII 1 12 BOND . , e . . . e . . . . . . . o . e . . . . . I i I 2 12 BUDGET OFFICER . . . • . . • e . . . . . . e • I I I 2 12 COMPENSATION o••.. e o . e e e e e e e a.• I I I 1 12 CONTROL OF DEPARTMENTS • e e e e e o IV 2(D) 15 DIRECTORS OF DEPARTMENTS AND DIVISION HEADS APPOINTED BY CITY MANAGER — CONFIRMED BY COON— - CIL • e e e e e o•. o o•..o 3 13 POWERS AND DUTIES: APPOINTMENTS: DIRECTORS OF DEPARTMENTS . . . . . . . . IV 2(A) _ 15 ENGINEER HEAD o . o . • . o o e o • • e . IV 42 28 PARK SUPERINTENDENT e e e o o• V 9 36 TREASURER • e e • e o . e e e e • • • • • IV 8 16 ZONING AND PLANNING DIRECTOR e • e . V 3 34 .e I N D E X MANAGER — CONT°D ART. SEC. PAGE APPROVES BUDGET FOR ZONING AND PLANNING � COMMISSION . . . # 0 . V 2 34 ASSIGNS DUTIES TO DIRECTORS OF DEPARTMENTS . IV 4 35 AUTHORIZES ANNUAL REPORT OF REVENUES AND EX— PENSES OF AIRPORT . . . • . • . IV 62 32 EXECUTE DEEDS AND CONTRACTS . . . • IV 2(C) 15 PRESCRIBE RULES AND REGULATIONS FOR DEPART— MENTS • • • • • • • e • • • • • • • • • • IV 2(C) 15 PROVIDES FOR APPROPRIATION OF FUNDS FOR PUBLIC HEALTH DEPARTMENT • . . . • . . . e . . . IV 53 31 REMOVAL OF DEPARTMENT AND DIVISION HEADS — CONFIRMED BY COUNCIL . e • • . , . • III 4 14 REMOVAL OF DIRECTOR OF ZONING AND PLANNING V 3 34 REQUIRE FRANCHISE GRANTEE TO FURNISH ANNUAL REPORT e e e . • • • . • • • • • • • • e • IV 62 32 SUBMIT BUDGET ESTIMATE TO COUNCIL . . . . . . .IV 11 18 SUSPEND EMPLOYEE UNDER CLASSIFIED SERVICE . . VI 6 16 VACANCY IN OFFICE OF DEPARTMENT HEAD — MANAGER MAY ASSUME DIRECTORSHIP IV 2(e) 15 REMOVAL • • • , • • , e • . . . 1 1 1 1 12 RESPONSIBILITY OF DEPARTMENT HEADS TO CITY MANAGER • • • e , • o e e • • • • • e • • • • IV 3 15 TERM INDEFINITE . e • • • e • • e e • • • • • • 111 1 12 MAYOR: SEE COUNCIL CANDIDATE FOR: APPLICATION TO BE FILED WITH CITY SECRETARY 11 1 2 QUALIFICATIONS • e • • s • • • . . . . • • • i 1 2 2 NOMINATION BY PETITION . . . . . . . . • • e 11 2 2 COMPENSATION • e • • • • • • . . e e • • • • • • 1 I 8 4 CONTRACTS — SHALL NOT BE PECUNIARILY INTERESTED IN DISABILITY OF . . e • • • • • • , . , it 5 3 ELECTION OF . . . • • . • • • • • • • , . 1 u 3 3 ELECTION OF WHEN MAYOR PRO TEM IS INELIGIBLE TO FILL VACANCY IN OFFICE OF MAYOR • J� 13 6 ELECTION — NOTICE OF SHALL BE GIVEN BY PROCLA— MATION OF MAYOR e e e . • • e e • . e • IX 21 64 FORFEITURE OF OFFICE . • • • , e e • , • e V11 I 9 51 GENERAL POWERS: ADMINISTER OATHS e e • • . e . • . . . . 11 7 4 i SIGN CONTRACTS . • . • e • • e e • • , • • • 11 7 4 MEMBER OF COUNCIL . . . . . • . . . e . • . . . I I 7 4 MISCONDUCT . . . e • e • • e . . • • e • • • • • I i 12 5 ORDINANCES, RESOLUTIONS AND MOTIONS: APPROVAL OF • e . • e • • • • e • • • 11 6 3 DISAPPROVAL OF — TO STATE OBJECTIONS IN WRITING • . • • • . • • • e • • • • 11 6 3 91 I N D E X MAYOR — CONT'D ART. SEC. PAGE i PUBLIC OFFICE— SHALL NOT HOLO ANY OTHER . . . II 10 4 R ECALL O F .-• s I( 20 8 REMOVAL OF — SEE RECALL OF OFFICERS SUSPENSION FROM OFFICE PENDING CHARGES OF IM— PEACHMENTs • • • • • • • • • • e • • • • 1 12 5 P TAXES - DISQUALIFIED FOR OFFICE IF DELINQUENT • VII 6 43 TERM OF OFFICE. . . . 11 1 2 VACANCY IN OFFICE OF • . e • • • e • • e • • • • 11 13 6 VETO POWER . • • . • . . 11 6 3 MAYOR PRO TEM: .COMPENSATION • • e . e . • . • . • • • a • • • • 11 4 3 DESIGNATED BY COUNCIL . . . . . . • . 11 .4 3 MAYOR — WHEN SHALL ACT . . . . . . . . . . . . . II 5,13 3,6 TERM OF OFFICE . . . . . . . . . . . . . . . . . I I 4 3 MILK: SEE FOOD MOTIONS: APPROVAL BY MAYOR'. • • • • • o • • e e • • . e • I 1 6 3 D I SSAPPROVAL BY MAYOR . e a •• e e e . • e•• 1 I 6 3 VETO OF MAYOR — CITY COUNCIL MAY PASS OVER . . . II 6 3 NOTICES: ANNEXATION ORDINANCE — PUBLICATION OF I 2(B) 1 ASSESSMENTS FOR STREET IMPROVEMENTS IX 29 66 BOARD OF EQUALIZATION s VII 4 42 BUDGET HEARING . . . . • . . • IV 13 19 CLAIMS OF INJURY . . . . . • Ix 27 65 CONTRACT ADVERTISEMENTS (BIDS) . . . . . • . • • Iii 14 61 DEPOSITORY ADVERTISEMENT . . . . . . . . . . . . IV 8 16 EMINENT DOMAIN — PUBLIC UTILITIES . . . . . . . VIII 11 ELECTION — REGULAR . . . . Ix 21 64 FRANCHISE: FORFEITURE . . . . . . • • o VI 11 5(A) 47 ORDINANCE GRANTING • • . . . • • e • . • • . VIII 3 47 PURCHASE OF PROPERTY OF HOLDER BY CITY . . . VIII 5(K) 49 PUBLIC UTILITY — FORFEITURE OF . . • . . • . VIII 5(A) 47 JUDICIAL NOTICE OF CHARTER . • • e . . • . • . . IX 38 69 LEASES • . . • • . . • . • . . • • • e • • . . • V I I I 10 52 MAYOR — IMPEACHMENT OF . . • . . • . . • • . . . 11 12 5 PERSONAL INJURIES . • . . i e • . e • . • • Ix 27 65 RECALL ELECTIONS • • . . e e e • • . e . e . . . 11 22 9 STREETS OR ALLEYS — CLOSING OF OR ESTABLISHING IX 6 58 OATHS: BOARD OF EQUALIZATION • . • • . . VII 4 42 MAYOR TO HAVE POWER TO ADMINISTER . . . . . . . 11 7 4 92 I N D E X "O" — CONT�D ART. SEC. PAGE OFFICERS: FORFEITURE OF OFFICE BY HOLDING OR SEEKING TO HOLD FRANCHISE . . . . . . . . . . . . . VI I1 9 51 ORDINANCES: AFFIRMATIVE VOTE OF MAJORITY OF COUNCIL RE— V 10 37 ....�U1RED . . .,. . . . . • . . . . . . . . . . 11 16 7 ANNEXATION . . . . . . . . . . . . . • . . . . . 1 2(B) 1 ANNEXATION — PUBLICATION OF . . . . . . . . . . . I 2(B) 1 APPROPRIATION ORDINANCE UPON ADOPTION OF BUDGET IV 14 20 APPROVAL BY MAYOR . . . . . . . . . . . . . . . 11 6 3 CERTIFIED COPIES AS EVIDENCE . . . . . . . . . . IX 28 66 CITY ATTORNEY TO APPROVE OR DISAPPROVE . . . . . IV 25 22 ESOLD— CITY COUNCIL TO ACT ONLY BY ORDINANCE, RESOLU— TION OR MOTION . . . . . . . . . . . . . . . TION 11 16 7 CITY COUNCIL MAY PASS OVER MAYOR'S VETO . . . .. EI 6 3 CONSOLIDATION OF CITY FUNCTIONS WITH OTHER GOVERNMENT . . . • . . . . . .. 1X 42 70 DISAPPROVAL BY MAYOR . . . . . . . . • I I 6 3 EMERGENCY READINGS . . . . • . e . • . . . • • I 1 16 7 ENFORCEMENT OF FORMERLY ENACTED ORDINANCES . . IX 22,34 65,68 PLEADING BY CAPTION . . . . . . . . . • . IX 28 66 POWER OF CITY TO ENACT AND ENFORCE . . . . • • . 1X 3,22 58,65 PRINTED ORDINANCES SHALL BE RECEIVED BY COURTS AS EVIDENCE 0 • . . . • . . . . . . • . . IX 23 65 PUBLICATION . . . . . . . . . . . . . 11 16 7 TAX ORDINANCE — COUNCIL'S FAILURE TO PASS . . . VII 1 41 THREE READINGS-. . . . . . . . . . .. . • .. • • . 11 16 7 PUBLIC UTILITY FRANCHISE — GRANTING OF . . . . . VIII 3 47 PARK BOARD: ADOPTION OF BY—LAWS . . . . . . . . . . . . . . V 7 36 APPOINTMENT o . . . . V 7 36 BUDGET . . . . . . . . . . . . . . . . . . . V 7 36 DUTIES . • . . . . • . . . • . . • .. • . . . V 8 36 ELECTION OF CHAIRMAN 0 0 • • . . . V 7 36 QUALIFICATIONS . c . . . . . V 7 36 TERM OF MEMBERS . • . . . . . V 7 36 PARKS: ACQUISITION OF PROPERTY FOR NEW PARKS . . . . . V 10 37 ALIENABILITY . . . . . . . . . . . . . . . . . V111 1 46 ANNEXATION . . . . . . . . . 1 2(C) 2 PARK SUPERINTENDENT: APPOINTMENT . • . . . . . • . . . . . . . . . . V 9. 36 APPOINTMENT OF ASSISTANTS V 9 36 DUTIES . . . .V 9 36 QUALIFICATIONS . . . . . . . . . . . . V 9 36 93 I N D E X "P" - CONT'D ART. SEC. PAGE PENAL LAWS: FUNCTIONS AND PROCEDURES OF ENFORCING, '-'C6 k— ON— SOLIDAT SOLIbATION WITH.OTHER.POLITICAL SUBDIVISIONS. .IX 41 70 .PERSONAL PROPERTY: SEE REAL AND PERSONAL PROPERTY PERSONNEL AND CIVIL SERVICE: CIVIL SERVICE BOARD: APPROPRIATION OF FUNDS , . , . , VI 8 39 CHAIRMAN e e e e t V1 2 38 CHIEF EXAMINER: APPOINTMENT BY BOARD , , . , VI 2 38 SHALL ACT AS SECRETARY . . . . . . . . VI 2 38 TERM OF OFFICE . . . . . . , , , , , , e VI 2 38 COMPENSATION. a .. VI 2 38 MEMBERS: APPOINTMENT . . . . . . . . . . . . . VI 1 38 QUALIFICATIONS . . . . . . . . . . . e . VI 1 38 TERM . . . . . . . e e . . e . . . . VI 1 38 RULES AND REGULATIONS . . . VI 4' 39 CLASSIFIED SERVICE: CERTIFICATION OF PAYROLL . e . . . . VI 7 39 EMPLOYEES SUBJECT TO . . . . . . ... . . . . . VI 3 38 PROBATION PERIOD OF EMPLOYEES . . . .VI 5 39 REMOVAL OF EMPLOYEES: SUSPENSION . . . . . . . . . . . . . . . . VI 6 39 APPEAL: TIME FOR . . e . . . . . . . , . . VI 6 39 HEARINGS . . . . . . . . . . . . . VI 6 39 PRESUMPTIONS . , VI 6 39 OTHER PROVISIONS OF CHARTER INAPPLI— CABLE ". . . . . . . VI 13 40 EMPLOYEES, GENERAL: CANDIDACY FOR PUBLIC OFFICE . . . . VI 11 40 DISCRIMINATION PROHIBITED BECAUSE OF: POLITICAL OPINIONS .....VI 9 40 RELIGIOUS AFFILIATIONS . . VI 9 40 INSURANCE, GROUP: CONTRACTS SUBJECT TO STATE LAW. VI 12 40 CONTRIBUTIONS BY CITY . . . . . . . . . . VI 12 40 PARTICIPATION IN POLITICAL CAMPAIGN . . . . VI 10 40 PETITIONS: FOR RECALL OF MAYOR OR COMMISSIONERS . . . . . e II 20 8 FILING, EXAMINATION AND CERTIFICATION OF RECALL PETITION . . . . . . . . . . . I I 21 8 94- INDEX NP„ - CONT'D ART. SEC. PAGE POLITICAL SUBDIVISIONS: CITY#S RIGHT TO CONSOLIDATE • . • • . IX 41 70 CONSOLIDATION EFFECTUATED BY ORDINANCE . . • . • IX 42 70 LOWER NUECES RIVER WATER SUPPLY Di,rslICT CON- VII 10 C4 SOLIDATION .•.. • • • • . • • : • • • , . , • . IX 41 70 TAXATION CONSOLIDATED IX 41 70 POLICE DIVISION: IX 10 60 MEMBERS. AND RENUMBERING ARTICLES OATH• • I V 30 24 BY SELECTED CIVIL SERVICE COMMISSION • . • • IV 30 24 PEACE OFFICERS IV 32 25 POLICE CHIEF: 61 CORPORATE POWERS DISABILITY OF ASSISTANT TO PERFORM DUTIES • IV 29 24 DUTIES: . • . . • . • . • . • IX APPOINTS ASSISTANT AND ASSISTANTS . • . . IV 29 24 CONTROL OF CITY MAIL • . . . • • • • • • IV 32 .,,25 PRESCRIBE UNIFORMS AND BADGES IV 33 25 SUSPEND POLICE EMPLOYEES . • • • • . • IV 34 25 LEAVE OF ABSENCE - GRANTED BY CITY MANAGER . IV 29 24 OFFICE TO BE KEPT OPEN AT ALL TIMES • . • . . IV 29 24 POWERS - MAY BE EXERCISED BY FIRE CHIEF AND ASSISTANTS . • ' . . r • • . . . . • r • • • . IV 40 27 SPECIAL POLICE - NO PERSON SHALL ACT EXCEPT UPON WRITTEN AUTHORITY BY CITY MANAGER . . , IV 31 25 UNDER DIRECTOR OF PUBLIC SAFETY . . . • . . . . IV 28 24 POLL TAX % CITY COUNCIL'S POWER TO COLLEC.T . • • • • • • • • VII 1 41 SHALL NOT BE LEVIED UPON PERSONS DEBARRED FROM VOTING IN BOND ELECTION • • , . • . • • • • • VII 10 44— POWERS: AIRPORTS • • . • #Ix 7 59 ARTICLE 1175, R.C.S• AUDITORIUM , • • • & IX 16 59 BONDS . • • • • • • • • VII 10 C4 BURIAL GROUND REGULATION • . • • • • . • IX 11 60 CHARITIES, CORRECTIONS WELFARE . . • . • IX 10 60 CHARTER - REARRANGEMENT AND RENUMBERING ARTICLES AND SECTIONS s Ix 40 69 CONTRACTS • • 0 IX 14 61 CORPORATE POWERS r IX 14 61 DELEGATED POWERS • • . • . • . . • . • . • . • IX 15 62 EMINENT DOMAIN - ACQUISITION OF PUBLIC PROPERTY VIII 11 53 FOOD REGULATIONS • r • • • • • • • • • • • • • • Ix 12 60 95 N D E X POWERS - CONT'D ART. SEC.. T.PAGE HARBOR AND WATERFRONT . . . IX 9 59 HOSPITALS . . . . . . ... . IX 16 63 LIBRARY . . . • . • . . • . . . . IX 16 63 MISCELLANEOUS ... IX 6 58 ORDINANCES • . . . . . . . . IX 3 58 PENAL F 1 NES . . . . . . . . . . . . . . . . . Ix 13 60 PROPERTY ACQUISITION IX 5 58 PROPERTY CONTROL IX 4,6 58 PUBLIC GROUNDS IX 16 63 REGULATION OF VEHICLES AND STREETS . IX 8 59 STREET AND SIDEWALK CONTROL . . . IX 17 63' TAXES — LEVY AND COLLECTION OF ADDITIONAL TAXES ON REAL AND PERSONAL PROPERTY • . . . . . . . V1 1 41 PRECINCTS: ELECTION ... • . V11 10 44 PRISONS AND WORKHOUSES: COUNCIL TO ESTABLISH AND MAINTAIN . . . . . . . IX 10 60 PROFESSIONS: COUNCIL'S POWER TO LEVY, ASSESS AND COLLECT TAXES VII 1 44 PROPERTY: ALIENABILITY • . • • • . . . • . V 1 34 ..DESCRIPTION VALID FOR TAXATION . VII 7 43 EQUAL I ZAT ION . . . . . . . s . . . . . . . . . . VII 4 42 LEASES, CITY PROPERTY: SEE LEASES REAL AND PERSONAL PROPERTY: SEE TAXATION; ALSO REAL AND-PERSONAL PROPERLY PUBLIC: PARKS, ALIENABILITY.. • . . . V 1 34 POWER OF CITY TO CONTROL . 0 IX 6 58 PUBLIC EXEMPT FROM EXECUTION . . . . . . . . . . IX 25 65 UTILITY PROPERTY, PURCHASE OF . . . . . . . . . . VI11 2 46 PUBLICATION: .:.NOTICE OF INTENTION TO LEASE FOR MINERALS . . Vil_I 10 52 ORDINANCE$ • • • • • • • • • . • • e • • • . • 11 16 7 ORDINANCE GRANTING PUBLIC UTILITY FRANCHISE . . . V111 3 47 ALSO SEE NOTICES PUBLIC HEALTH DEPARTMENT: DEPARTMENT FUNDI TO BE PROVIDED o 0• IV 53 31 DIRECTOR: BOND OF ..o • . . . . . . . . . . . IV 52 30 DUTIES: CONTROL OF CITY HOSPITAL . . • • 0 IV 45 29 CONTROL OF PUBLIC BUILDINGS—CLINICS IV 45 29 96 I N D E X PUBLIC HEALTH DEPT - CONTID ART. DIRECTS SANITARY INSPECTIONS . . IV DIRECTS WELFARE DIVISION . . . IV ENFORCE PUBLIC HEALTH ORDINANCE . . . • IV IN CHARGE OF HEALTH DIVISION . . IV MAKE SPECIAL REPORTS . . . . . . . IV POWER TO ARREST FOR HEALTH VIOLATIONS . . . IV POWER TO AVOID EPIDEMIC INFECTIONS OR CON- TAGIOUS DISEASES . . . • . . . . • . • . IV SUPERVISE BIRTH AND DEATH CERTIFICATES . . IV SUPERVISE FREE HOSPITALS AND CLINICS . . . IV SUPERVISE SANITATION OF CEMETERIES . . . . IV SUPERVISE SANITATION OF CREMATORIES . . . IV SUPERVISE SANITATION OF MORGUES . . IV POWER TO REMOVE HEALTH NUISANCES . . . . . . . IV REQUIRED TO BE LICENSED PHYSICIAN IV MILK . . . . . . . . . . . . . . . . IX PUBLIC PROPERTY: SEE CITY PROPERTY PUBLIC REHABILITATION: FUNCTIONS AND PROCEDURES MAY BE CONSOLIDATED WITH OTHER SUBDIVISIONS IX PUBLIC SAFETY DEPARTMENT: CHARGE OF POLICE AND FIRE DIVISION . . . . . . . . IV DIRECTOP . APPOINTS ADDITIONAL FIREMEN . . . . . . . IV MAY DIRECT BUILDING ON FIRE-DESTROYED . . . . IV FIRE: SEE FIRE DIVISION POLICE: SEE POLICE DIVISION PUBLIC TRANSPORTATION COMPANIES: CONTROLLED BY DIRECTOR OF PUBLIC UTILITIES . . . IV TRANSFER TO OTHER LINES . . . . . . . . . . . . VIII SEE TAXICABS . . . . PUBLIC UTILITIES: CONDEMNATION PROCEEDINGS. . VIII CONTRACTS NOT BINDING TO CITY LONGER THAN FIVE YEARS UNLESS BY ELECTION . . . VIII DIRECTOR: CHARGE OF ALL PUBLIC UTILITIES, AIRPORT, AND TRANSPORTATION COMPANIES . . . . . . . . . IV ENFORCES RULES OF DEPARTMENT . . . . . . . . . IV REGULATES AND CONTROLS PUBLIC TRANSPORTATION COMPANIES . . . • IV EMINENT DOMAIN: MINUTES OF CITY COUNCIL AS PRIMA FACIE EVIDENCE VIII 97 SEC. 47 45 56 45 51 50 48 47 46 47 47 47 49 47 12 PAGE 29 29 31 29 30 30 30 29 29 29 29 29 30 29 60 41 70 28 24 35 25 39 27 63 33 13 56 5(K) 49 12 56 57 31 60 32 63 33 11 53 I N D E X PUBLIC UTILITIES - CONST ART. -SEC. NECESSITY FOR SUFFICIENT FUNDS IN TREASURY . . .Vlll POWER OF CITY TO ACQUIRE PUBLIC UTILITY . . . VIII PROCEDURE . . . . . . . . . . . . ". . . . VI II FRANCHISE: 49 ACCOUNTS OF HOLDER . . . . . . . . . . . . . . VI Il ANNUAL REPORTS .. . . . . . . . . ... • . . . . VI l l AUDIT OF ACCOUNTS . . . . . . . . . . . . . . VI I1 COUNCIL'S POWER TO REGULATE EFFICIENCY OF HOLDERVIII EFFECT OF AMENDMENTS ON EXISTING FRANCHISES VIII FORFEITURE OF OFFICE OF ELECTIVE OR APPOINTIVE 12 OFFICERS OF CITY . . . . . . . . . . VI1 l ORDINANCE GRANTING: 2 PROCEDURE FOR ADOPTION . . . . . . . . . . VIII REFERENDUM PROCEDURE . . . . . . . . . . . VIII PURCHASE BY CITY: 58 POWER OF COUNCIL 0 VI I I VALUATION OF PROPERTY: BY AGREEMENT . . . . . . . . . . . . . . VIII BY ARBITRATION . . . . . . . . , . . . VIII FACTORS TO BE CONSIDERED . . . . . . . VIII REGULATION BY CITY . . . . . . . . . . . . . . V I I l RENTAL - COUNCILS RIGHT TO COLLECT. . . . . . VIII TERM OF . . . . . . . . . . . 0 . . VIII TRANSFER OF . . . . . . . . . 0 . . . . . VI ll LEASE REGULATIONS SUBJECT TO RIGHT OF COUNCIL . . VIII POWER OF CITY TO OWN AND OPERATE . . . . . . . . VIII PURCHASE OF ELECTRICITY, GAS, ETC., POWER OF CITY VIII PURCHASE OF UTILITY PROPERTY . . . . . . . . . . -Vlll REGULATION OF, POWER OF CITY . . . . . . . . . . . VI l l REGULATION OF RATES . . . . . . . . . . . . . . . V) I I SUPERINTENDENT - MUST BE EXPERIENCED IN SUCH WORK IV WATER AND GAS CONNECTIONS: ANNEXATION OF PROPERTY TO CITY • . . . . Vlll POWER OF CITY TO ACQUIRE FACILITIES . . . . . VIII POWER OF CITY TO REGULATE . . VIII PUBLIC WORKS DEPARTMENT: DIRECTOR: BOND OF. . . . . . . . . . . . . . IV CONTROLS GARBAGE AND INCINERATORS . . . . . . IV CONTROLS STREET MAINTENANCE, CONSTRUCTION AND CLEANING . . . . . .. . . . . . . . . . . . IV CONTROLS WHARVES AND PIERS . . . . . . . . . . IV DUTIES . . . . . . . . . . . . . . . . . . IV EX OFF`IC10 MEMBER OF ZONING AND PLANNING COM- MISSION . . . . . . . . . . . . . . IV FURNISH SERVICES TO OTHER DEPARTMENT;. . . IV 98 11 11 11 5(F) 5(H) 5(G) 15 8 3 3 PAGE 53 53 53 48 48 48 57 51 51 47 47 2,5 (K) 46,49 5(K) 49 '5(K) 49 5(K) 49 5 47 5(I) 48 2 46 4 47 15 57 12 56 ' 12 56 2 46 15 57 7,14 51,57 58 31 16 57 16 57 16 57 41 28 41 28 41 28 41 28 42 28 44 29 44 29 N D E X "P" CONTID ART. SEC. PAGE PURCHASE OF PROPERTY: PARK PROPERTY . . . . . . . . . . • ._ • . V 10 37 PUBLIC UTILITY FRANCHISE HOLDER, PURCHASE OF PROPERTY OF a VII 5(K) 49 PURCHASING AGENT: SEE FINANCE RAILROADS: SWITCH PRIVILEGES—.POWER•OF.000NCIL TO GRANT 0 VIII 1+ 46 - RATES: REGULATION, PUBLIC UTILITY FRANCHISE HOLDER . . . VIII 7 51 REAL AND PERSONAL PROPERTY: TAXES . . . . • . . . . .. . . . . . . . . . . . .. VI I 1 41 REAL PROPERTY — ACQUISITION OF . • . • ... • • • • IX 5 58 RECALL OF OFFICERS: BALLOT (REQUIREMENTS) . . . 0.0 . . s . . it 23 9 ELECTION . . . 0-0 . . . . 0 22 9 FILING, EXAMINATION AND CERTIFICATION OF RECALL PETITION . . s . s . *,s s . . . . . s . 9-o . I ( 20 8 LIMITATION ON . . . . s s . . . . . • . . . . . s I I 25 10 MAYOR AND COMMISSIONERS . . . s . .. . . . . . it 20 8 POWER OF RECALL . . . .. . . . . . . . . . . s I1 20 8 RESULTS OF RECALL ELECTION A. . . . . . . . . II 24 10 RECREATION BOARD: CREATED BY CITY COUNCIL . .- •. V 14 37 REGULATION OF RATES: PUBLIC UTILITY FRANCHISE HOLDER BY ORDINANCE . . . VIII 7 51 REMOVAL OF OFFICERS: CITY MANAGER . . . • . 0 1 12 COUNCIL MEMBERS BY MEMBERS • s s • II 11 5 DEPARTMENT AND DIVISION HEADS. • . . . . • III 4 14 MAYOR BY COUNCIL . . . . . . . • . . • . . • . 011 12 5 RECALL, BY • s . s . . . . s • . . . s • • s s . it 20 8 RENDITION OF PROPERTY: DUTY OF TAX PAYER •. . .. • • . • . . VI I 3 42 IMPROPER ASSESSMENT • *e Vi l 3 42 INVENTORY . . • s . s s . . . • . . . VI I 3 42 TAX ASSESSOR, BY . . • • . . . ,VI I 3 42 UNRENDERED PROPERTY . • 0 VI I 3 42 99 I N D E X "R" CONT'D ART. SEC. RESOLUTIONS: AFFIRMATIVE VOTE OF MAJORITY OF COUNCIL REQUIRED II APPROVAL BY MAYOR . • • . • • • . • • • . • . • " 1 L, COUNCIL TO ACT ONLY BY ORDINANCE, RESOLUTION, OR 66 MOTION • . r . . • • • • • • • • • . • • • . . 11 COUNCIL MAY PASS OVER MAYOR'S VETO • • . . • • . i1 DISAPPROVAL BY MAYOR . . . • 1 I ROADS: 58 ANNEXATION . • • • . • • • e • • . • • • . • . • • I SAFETY: 46 SEE PUBLIC SAFETY DEPARTMENT 59 SANITATION DIVISION: 58 DIRECTOR OF PUBLIC WORKS TO CONTROL INSPECTIONS IV GARAGE AND INCENERATOR UNDER CONTROL OF DIRECTOR OF PUBLIC WORKS . . . . . . . . . . . . . . . . IV SECRETARY: SEE CITY SECRETARY SIDEWALKS: ANNEXATION • • • . . . . . • . . . . . . 1 CITY E4GINEER TO SUPERVISE . • • . . • . • IX INALIENABILITY . . . . . . . V11 I SINKING FUND: INVESTMENT OF. • •... • . . . • . . . • . • • . V 1 1 PENALTY FOR MISUSE • .•• VI I STREETS: ASSESSMENTS FOR IMPROVEMENTS IX ANNEXATION . . . . . • • e . . • . . 1 CONTROL OF STREETS AND SIDEWALKS . . . . . . . . . IX ENCROACHMENTS — PREVENT AND REMOVE a IX ESTABLISHMENT AND CLOSING • . . . . • . . IX EXCAVATIONS IN • • • • • • • • • e • • • • • • • s IX REGULATION, CONTROL AND USE . . • . • VI11 REGULATION OF VEHICLES THEREON . . . IX SIGNS AND STRUCTURES ABUTTING • • • • . • • . . IX TAXES FOR STREET IMPROVEMENTS . • . • • . . VII SUITS: CITY ATTORNEY TO FILE o VI I CITY ATTORNEY TO JNTERVENE . • . . • . . . V11 PERSONAL JUDGMENT NOT RECOVERABLE AGAINST SUBSE— QUENT PURCHASER FOR DELINQUENT TAX . . . . . VII 100 16 6 16 6 6 2(C) PAGE. 7 3 7 3 3 2 47 29 41 28 2 (C) 2 17 63 1 46 11 45 11 45 29 66 2(C) 2 17 63 6 58 6 58 17 63 1 46 8 59 6 58 1 41 8 44 9 44 8 44 I N D E X "S" CONT' D ART. SEC. PAGE TAXATION:' VI I 3 42 IMPROPER ASSESSMENT • ` • e • • . . • . • DELINQUENT TAXES:. 3 42 TIME FOR • • • • . • • + • • • • • e e • • e e • • VI 1 COUNCIL'S POWER TO COLLECT 42 f V11 6 43 D I SCOUNT OR COMPROMISE 101 VI i 9 43 _ ...._. _ INTEREST • _. VI I 6 43 MAYOR OR COMMISSIONERS — NO PERSON OWING SHALL BE ELECTED • • • e VI I 6 43 REMISSIONS AND EXTENSIONS VII 9 44 TAX SALES: CITY MAY BID IN• e • • • • • • • • • • • • r • VI1 9 44 REDEMPTIONS . . . . . . VII 8 44 SUITS FOR: CITY ATTORNEY TO FILE • . . . . . . . . VII 8 44 CITY ATTORNEY TO INTERVENE • . • . . • VII 8 44 PERSONAL .JUDGMENT NOT RECOVERABLE AGAINST SUB— SEQUENT PURCHASER FOR ALL TAX • • • e . . e VII 8 44 EQUALIZATION BOARD: APPOINTMENTS . . . . . • • . • • .. . . • . . • V I 1 4 42 COMPENSATION . • • . . . . . • . • • • . . . . VI I 4 42 DATE . . • • • e . . . • . . • . . e • VII 4 42 BEARINGS: NOTICE • • • • a • • • s • • • . • • • • • VI I 4 42 POWER TO SUMMON WITNESSES • e e e . • • • . VII 4 42 POWER TO ADMINISTER OATH • . e • . • • • • VII. 4 42 TAX ROLLS APPROVED • e • • • • . • • • • • • VII 4 42 MEMBERS • • • e • + • e • • • + • . • • . • • • VI I 4 42 MEETINGS . o e • . • . . . . . VII 4 42 QUALIFICATIONS . e . • . • • e • • • • . V I I 4 42 SUPERVISION OF ASSESSMENTS • . • • . . . • • • . VII 4 42 CONSOLIDATED POLITICAL SUBDIVISIONS . . . • • • • • . IX 41 70 DUE DATE FOR TAXES • . • . . . . . . . . . . . • . • E VI I 1; 6, 41,43 DISCOUNT FOR ADVANCED PAYMENT • • . • . • . . • • . VII 1 41 EXEMPTIONS — BONDS'AND SECURITIES • • . • • • • • • • VII 1 41 FORMERLY ASSESSED BY ACTION OF COUNCIL ARE VALID a IX 34 68 LIENS FOR TAXES . • e • • • • • • . • . • • • . • . • VI 1 2 42 LISTS CONSOLIDATED WITH OTHER POLITICAL SUBDIVISIONS IX 41 70. PENALTY. • • • V I I 1,6 41,43 POWER TO LEVY AND COLLECT: ADDITIONAL TAX OF 1 1/4 PERCENT • • • • • e.• • VII 1 41 CURRENT EXPENSES — RATE FOR • e • • e • • + • • VII 1 41 PERCENT OF ASSESSED VALUATION . • • . . . . VII 1 41 POLL TAX • • • • ... •0 0 VII 1 41 REAL AND PERSONAL PROPERTY • . . • . • . • . • • VII 1 41 STREET IMPROVEMENT, RATE FOR • • • • . • • • . . V11 1 41 TRADES, PROFESSIONS Ec BUSINESSES • • . • . • • • • VII 1 41 RENDITION OF PROPERTY: DUTY OF TAXPAYER . . • • • . • • • • r . • r . . • VII 3 42 INVENTORY • • • • • • • • • • • • e • • • • • • • VI I 3 42 IMPROPER ASSESSMENT • ` • e • • . . • . • VI1 3 42 TIME FOR • • • • . • • + • • • • • e e • • e e • • VI 1 3 42 f UNRENDERED PROPERTY • e e • VII 3 42 101 I N D E X "TAXATION" - CONT'D ART. SEC. PAGE TAX ORDINANCE, FAILURE TO PASS . . . . . . . . . . IX 41 70 TAX ROLLS: APPROVAL OF BOARD OF EQUALIZATION . . . . . . • . VII 5 43 CERTIFICATION VIl 5 43 DESCRIPTION, SUFFICIENCY OF • . , . • , . VI 7 43 IRREGULARITY, EFFECT OF • • • . . • • . • • • • o Vil 7 43 PRIMA FACIE EVIDENCE . . . • • • ♦ . • • • • . . . V l l 5 43 POLITICAL SUBDIVISIONS — CONSOLIDATION OF • • • . IX 41 70 TAX ASSESSOR-COLLECTOR: BONDS EXEMPT FROM TAXATION . • • . . . • • . . . • . V! l 1 41 CERTIFICATION OF TAX ROLLS . • • • • . . . . • . • • VIl 5 42 DUTIES . • • • . . . . . . • . ♦ . • . . • . . • . IV 10 18 TAXICABS: FRANCHISE: ORDINANCE GRANTING • . o • . • • . . • . • • • Vlll 3 47 POWER OF COUNCIL TO GRANT • • . • . . . Vlll 2 46 REGULATION OF o • . • , • • • • • • • • • • ♦ • • VI l l 5 47 TRANSFER OF . . . • • • . • • • . • VI 11 4 47 RATES . . . • . . . . . . . . . • • • • . . • • VIII 7 51 REGULATION OF . . • . . . • . • • • . IX 8 51 TAX PAYERS: DATE DUE FOR TAXES . . . . • • • o . . • • • • V! l 1,6 41,43 MAY RESTRAIN OFFICIALS IX 18 63 i TRADES: COUNCIL'S POWER TO LEVY AND ASSESS TAXES THEREON VII 1 41 UTILITIES: SEE PUBLIC UTILITIES VEHICLES: ' CITY'S POWER TO REGULATE SPEED OF + . . .. . . . + + . IX 7 59 COMMON CARRIER . . • • • • v • • . . . • . o • • + • + V I l l 13 56 SEE TAXICABS . . . . . . . . . . . . VOTING PRECINCTS: COUNCIL SHALL DEFINE FOR BOND ELECTIONS . . o . . . . VII 10 44 ESTABLISHMENT OF VOTING PLACE FOR EACH PRECINCT . . . IX 19 64 WARRANTS: COUNCIL SHALL ISSUE FOR UNPAID BORROWED SUMS 0 IX 33 68 WARRANT AND BOND LAWS APPLICABLE (1931) VII 11 45 WATER AND GAS: CONNECTIONS: ANNEXATION OF PROPERTY TO CITY • . . • • Vlll 16 57 POWER OF CITY TO REGULATE • • , • , , . • • • • a Vl l l 16 57 POWER OF CITY TO ACQUIRE FACILITIES . . . . . . . Vlll 16 57 102 I N D E X IX 9 59 "WATER & GASH— CONT'D ART. s, SEC. PAGE. EXTENSION OF WATER WORKS TO OTHER PARTS OF CITY . . . IX 31 68 QUALIFIED TAX PAYING VOTERS REQUIRED TO VOTE ON V 1 34 PLEDGE OF WATER WORKS REVENUES • . . . . . . . . IX 31 68 WATER WORKS EXTENSION CONTRACT — POWER OF COUNCIL . . IX 31 68 WATER EXTENSION NOTES-. • . e . . . . . . . . . . . IX 31 68 VOTE REQUIRED TO PLEDGE WATER REVENUES . . IX 31 68 WATER 61VIS1ON`s Y SEE PUBLIC HEALTH v V 4 35 CHARITIES AND ALL CORRECTIONAL WORK OF JAIL AND V 4 35 HOSPITALS UNDER DIRECTION OF WELFARE DIVISION • IV 55 31 BOND — WELFARE DIVISION HEAD SHALL MAKE, • . • • r IV 55 31 DIVISION HEAD SHALL BE TOAINED AND EXPERIENCED IN PUBLIC WELFARE WORK • . . . . . . • . • • • IV 54 31 WELFARE DIVISION IS DIRECTED BY DIRECTOR OF PUBLIC V 5 35 HEALTH • IV 45 29 WHARVES AND PIERS: V 1 34 UNDER DIRECTION OF DIRECTOR OF PUBLIC WORKS . • . . IV 41 28 YACHT BASINS: POWER OF COUNCIL TO CONSTRUCT AND MAINTAIN e o IX 9 59 ZONING AND PLANN M : APPROVAL OF NEW PARKS e s . V 10 37 APPOINTMENT OF MEMBERS ♦ • • • • • o • • o V 1 34 DIRECTOR: APPOINTMENT r • ` • e . V 3 34 DUTIES . 0 V 3 34 MASTER PLAN FOR DEVELOPMENT;, .�k. • y . t RECOMMENDATIONS OF ZONING & PLANNING COMMISSION: Y ADOPTION BY COUNCIL o • o o • • e • • • o s • • V 4 35 AMENDMENTS •.. e e o. a • e V 4 35 SUBMISSION TO COUNCIL . e o• V 4 35 SUBDIVISIONS IN CONFLICT: APPROVAL OR DISAPPROVAL BY ZONING & PLANN— ING COMMISSION • • e e e • . . • • • e • • V FAILURE OF COMMISSION TO ACT • . . . • . • V 5 35 SUBMISSION TO ZONING & PLANNING COMMISSION V 5 35 MEETINGS . • • . • . . • . . s o • • . • • e . . • . V 1 34 PLATTING OF PROPERTY: APPROVAL OF MAP . . . . . . . . . . . . . . • V 6 35 DUTY OF OWNERS . . . . • • . • . e . • . • • • V 6 35 FILING OF MAP . • . • e . . o . . • . . • . • . • V 6 35 RECORDING MAP WITH COUNTY CLERK • • o • . . . . V 6 35 103 I N D E X *ZONING & PLANNING„ - CONT'D ART. SEC. PAGE NECESSITY FOR PLAT: BUILDING PERMIT, ISSUANCE OF . . . . . . . . . V POWERS AND DUTIES' APPROVAL OF ADDITIONAL PARKS . . V CONTROL OF PLATTING AND SUBDIVIDING • . . . . . . . V PREPARATION OF MASTER PLAN FOR CITY . . . . . V RECOMMENDATIONS TO COUNCIL .V PROVEMENTS RECOMMENDATION OF CAPITAL IMV TERM OF MEMBERS . • . . • . • . + • . • • V VrACXNC I ES • • • • • • • • . • • . . . • • • • • • • • V 104 6 35 10 37 2 34 2 34 2 34 2 34 1 34 1 34 43 a H i s The Charter Rule was suspended by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye i7anuel P. Maldonado Aye The foregoing ordinance was passed by the following vote: :. Farrell D.` SmithAye r:inor Cull i `Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye There being no further business to come before the Council, the meeting was adjourned. � WOR 'l THE CITY OF CORPUS CHRISTI, TEXAS City Secretarf a H i 44 THE STATS OF TEXAS 0 COUNTY OF NUECES 0 NOTICE OF SPECT -4L KIETIN13 CITY OF CORPUS CHRISTI 0 TO THE MEMBERS OF TIE CITY COUNCIL, TIS CITY MANAGER, THE CITY SECRETARY AND THE CITY ATTOR"01 TO THE CITY OF CORPUS CHRISTI, TEXAS: NOTICE is hereby given that a special meeting of the City Council of the City of Corpus Christi Texas, will be held in the City of Corpus Christi, Texas, in the Council Chamber of the City Hall, at 1:30 o'clock p.m., on the 22nd day of June, 1956, for the purpose of authorizing the acquiring of property for Airport and other municipal purposes, and such other business as may properly come before'the Council.' DATED this the 22nd day of June, 1956. .1s1 FARRELL D. SMITH FARRELL D. SMI'T'H, Mayor City of Corpus Christi, Texas COTIS^NT TO M1,732TITIG bde, the undersigned members of the City Council, the City Manager, the City Secretary and the City Attorney of Corpus Christi, Texas, hereby accept service of the foregoing notice, waiving any and all irre- gularities in such service and consent and agree that said meeting shall be at the time and place therein named and for the purpose therein stated. l s / xmon CULLI MINOR CULLI 1s/ B. E. BIGIER B. E. BIGIER Is/ RUSSELL E. MC CLURE RUSSELL E. MC CLURE City Manager ls/ T. RAY KRING T. RAY KRITIG City Secretary SPECIAL COUNCIL =ETING June 22, 1956 1:30 p.m. / s / W. J. ROBERTS W. J. ROBERTS , Is / MANUEL E. MALDONADO MANUEL P. MALDONAD0 ,15/ I. M. SINGER I. M. SINGER City Attorney Mayor Farrell D. Smith called the meeting to order with the full Council present and the City Manager, City Attorney and City Secretary. ORDINANCE N0. 4561 AUTHORIZING AND DIRE -4 CTING TIE CITY WTAGER TO EXECUTE FOR AND ON BE, HALF OF THE CITY OF CORPUS CHRISTI A REAL ESTATE SAI. CONTRACT FOR THE SAIF OF 40 ACRES OF LATS) DESCRIBED AS LOT 13, BLOCK G, OF THE PAISLEY SUBDIVISION OF THE HOFFMAN TRACT IN THE CITE OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, BY AND BE7vF-EN C. W. B. LANG, INDIVIDUALLY AND AS ADMINISTRATOR OF THE ESTATE OF ETA1A G. LONG, DECEASED, AND THE CITY OF CORPUS CHR.ISTI, SAID PURCHASE, TO BE FOR AIRPORT AND OTHER MUNICIPAL PURPOSES, A COPY OF WHICH C014TRACT IS ATTACI-ED HERETO AND MADE A PART HEREOF; AND DIRECTING THE CITY TO DO SUCH OTHER THINGS AS ARE NECESSARY FOR AND ON BEHALF OF THE CITY FOR THE CARRYING OUT OF SAID CONTRACT AND DEPOSIT OF TIIE EARNEST MONEY PROVIDED IN SAID CONTRACT; APPROPRIATING THE SUM OF $3,750.00, PAYABIE OUT OF AIRPORT BOND IT,9PROVEINENT FUND NO. 245; AND DECLARING AN EMSIRGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye 45 Mayor Smith announced the disposition of a pending item of zoning - that of the application of Seid Karam for a change of zoning from "R-1" One -Family Dwelling District to "3-1" Neighborhood Business District on Lots 46 and 47, Block 1400, Bay Terrace No. 2, being located at 1303-1310 Seventeenth Street. Motion by Culli, seconded by Roberts and passed that the change of zoning be granted, subject to the requirements of the building on the property so as to provide a possible widening of the street up to 12 feet without damage to the building. There being no further business to come before the Council, the special meeting was adjourned. . "�Y7 City Secretary REGULAR COUNCIL M�2=3z June 27, 1956 2:00 p.m. PRESENT: I 1AYOR THE CITY OF CORPUS CHRISTI, TEXAS Mayor Farrell D. Smith Co? issioners: W. J. Roberts City Manager Russell E. McClure Minor Culli City Attorney I. M. Singer B. E. Bigler City Secretary T. Ray Kring Manuel P. Maldonado Mayor Farrell D. Smith called the meeting to order. the following: There was no Invocation, due to the absence of the invited Guest Chaplain. City Secretary Kring called the roll of those in attendance. Mayor Smith announced the opening of bids. Bids were opened and read on 26001 of Cement Asbestos Pipe from the following: Johns-Mansville SAMSCO Viking Supply 1 Bids were opened and read on Concession rights to Memorial Coliseum & Exposition Hall from Buddy Harris Bowman Vending Services P. and R. Concession Co. Motion by Culli, seconded by Maldonado and passed that all of the bids received be tabled for 43 hours as required by the City Charter, and referred to the City Manager for tabulation. Mayor Smith announced the disposal of a pending item before the Council - that of the appli- cation of Belaire Drive -In Theater for a Special Council Permit to cover the existing operation of a Drive -In Theater on an 11.2 acre tract of land out of Lots 7 & 3, Section 13, of the Flour Bluff & Encinal Farm & Garden Tract, and located in the 6300 block of Lexington Boulevard. Motion by Culli, seconded by Maldonado and passed that this application be granted for a period of 3 years, subject to the prohibition of any public address type of installation and the control of all lighting in such a manner that the adjacent properties will not be adversely affected. Mayor Smith announced the receipt of a petition relating to the speed limit on Wrnwood Drive, 0. and one relating to the change in name of a street, Holly Drive to Sacky Street. City Manager McClure read the petition requesting that the speed limit on Wynwood Drive be made 20 -miles per hour instead of the present 30 -miles per hour for the safety of the many children playing in the neighborhood. 2lotion by Culli, seconded by Roberts and passed that the foregoing petition be received, and referred to the Traffic Safety Advisory Board. In connection with the petition requesting the change of name of Holly Street to Sacky Street, iUir. McClure reported that it was being checked to see if it has been sent by the same people first requesting the change of name. Mayor Smith announced the Council would next hear the City Manager's Reports. 46 Motion by Bigler, seconded by Roberts and passed that the Burnett Construction Co. be granted extension of time to July 9th for completion of construction of the Broadway Sewage Plant. Motion by Culli, seconded by Maldonado and passed that plans and specifications be prepared for storm sewer improvements on Everhart Road and several other streets to drain into Gollihar system. ilotion by Maldonado, seconded by Culli and passed that the award of bid on Disaster Warning System Equipment be made to Fyr-Fighter Sales Co. at their low bid of $20,240.55. (See Bid Tabulation #105 in File 0RDINA14CE N0. 4562 APPROPRIATING THE SUM OF $16,695.00 FROM NO. 297 SANITARY STIR SYSTEM BOND IMPROVE1,'NT FUND FOR DETAIL INSPECTION ON THE OSO AND BROADWAY SIDTAGE TREATMENT PLANTS, UNDER THE PROVISIONS OF TIM ENGINEERING CONTRACT WHICH CONTRACT WAS =, CUTED FOR AND ON BEHALF OF TIE CITY OF CORPUS C'rR.ISTI WITH SIGIER, CLARK AID WINSTON, CONSULTING ENGINEERS, OF 1,F'SLACO, TEXAS, ON TH13 10711 DAY OF FEBRUARY, 1954, BY ORDINANCE NO. 3655; AND DECLARING All E1•FRGLNCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Mayor Smith announced that the proposed ordinance providing for an increase in water tap fees is the result of a study of the water system and the rates charged, prepared by Reagan & McCaughan & Associates, engineers. He stated that the study reveals that the City was losing 75 to 100 thousand dollars per year for water meters and water taps. Charts used showed a comparison between the City's charges and those of other cities and recommended what the City's charges should be. He further stated that it was felt the cost should be stood by those actually getting the taps, and that other cities get from $25 to $60 while this City gets only $15 when it actually costs the City $36.91. He explained that this study encompassed 10 years experience in the water department and went into all phases of cost and revenue, and reflects that the expenditures have exceeded the revenues each year. Leland Ross, Executive Director of Home Builders Association, presented objections of the Association to the proposed increase in tap fees, on the basis that too much is required of the developer already. He stated that their investigations showed that 50 to 60;','o' profit was being made by the City from the residential users of water, and that revenues from the residential users were being used to subsidize the big industries. R. 0. Woodson, builder, requested more time to study the situation and present their objections He pointed out further a particular instance in which the water line had had to be run in the front in the ease- ment but not in the street rather than in the back of the house, which would mean having to pay $56 instead of $37, and that he felt the cost should be the same in front of the house as in back of it. He further stated that any increase should be shared by all the taxpayers. IT. 0. Simmons, builder, was opposed to the proposed increase in tap fees, and also requested more time to study the matter. ORDINANCE. No. 4563 AMENDING AN ORDINANCE NO. 2307 ENTITLED "ESTABLISHING RULES, REGULATIONS AND FEES APPLICABIE IN CONTROL AND ADMINISTRATION OF UTILITY TAPS OR SER- VICE CONNECTIONS FOR CITY OWNED UTILITIES, REPEALING ALL OTHER ORDINANCES IN CONFLICT HEREJITH AND DECLARING AN EMERGENCY", PASSED AND APPROVED ON THE 29TH DAY OF JUNE, 1943, AS AM332DED BY AMENDING SUB -SECTIONS A(3) AND B(3) OF RULE 5, SECTION L, OF SAID ORDINANCE 2307 SO AS TO PROVIDE FOR AN INCREASE IN WATER TAP FEES FOR TAPS. IN STREETS AND EASE1•1ENTS INSIDE AND OUTSIDE OF THE CITY LIMITS OF THE CITY OF CORPUS CHRISTI, AIM DECLARING AN EMERGENCY. 47 The Charter Rule was suspended by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye M nuel P. rlaldonado Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye ORDINANCE No. 4564 AUTHORIZING THE CITY MANAGER FOR AND ON BEHALF OF TIM CITY OF CORPUS CHRISTI, TEXAS, TO ENTER INTO A CONTRACT WITH THE DRISCOLL FOUNDATION CHILDREN'S HOSPITAL TO PROVIDE FOR THE COMBINING OF THE GAS CONSUMP- TION ON THE TWO METERS IN SERVICE, AND THE BILLING OF THIS CONSUI,IP- TION ON THE GENERAL GAS RATE, A COPY OF WHICH CONTRACT IS ATTACI2D HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye cmimc;; No. 4565 APPROPRIATING AND REAPPROPRIATING TIM SUM OF $1,996.25 FROM S94ER FUND 109 FOR THE PAYMENT OF ENGINEERING SERVICES TO SIGIF,R, CLARK & WINSTON, CONSULTING ENGINEERS, FOR All ENGINEERING STUDY OF DISPOSAL OF EFFLUENT FOR OSO SE',7AGE TREATMENT PLANT INTO THE CORrUS CHRISTI BAY HERETOFORE RECEIVED BY THE CITY; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye Minor Cull! Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye ORDINANCE No. 4566 AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE A CONTRACT WITH THOMAS L.. SCOTT, INCORPORATED, FOR STREET DIFROVEIENTS CONSISTING OF TIE F04ORKING AND DOUBLE ASPHALT SURFACE TREATMENT OF 20 MMES OF STREETS IN THE CITY OF CORPUS CIiFtISTI, PROJECTS 1-7C AND 1 -SC; APPROPRIATING THE SUM OF $146,400.00 FROM NO. 220 STREET BOND IMPROVE=T FUIITJ TO COVER THE COST OF THIS CONSTRUCTION, OF WHICH $139,431.13 IS THE CONTRACT PRICE AND $69963.57 IS ALIZ4.ED FOR CON- TINGENCIES; AND DECLARING AN EMERGENCY. - The Charter Rule was suspended by the following vote: Farrell.D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Wo • In connection with the proposed ordinance creating a second fire district in the North Beach Area, Commissioner Bigler wanted to be sure that the property owners requesting this ordinance fully understood that although it was a good thing for the area in general on a long-range plan, that it might work a hardship on them in the beginning. He wanted them to understand that any contemplated construction which would be more than 500 of the value of the building would necessitate bringing the whole building up to the Fire Code Standards, and that the Code was very strict on the type of materials permitted for construction. Dr. M. L. Norvell, speaking for the Committee requesting the ordinance, expressed appreciation of the suggestions received from the Council, and the cooperation of the City in assisting those of the North Beach Area in improving the standard of construction. Gordon Brandon, Henry Kerber and W. B. Windle concurred in Dr. Norvell's remarks and felt that in time it would prove a healthy thing for the City as a whole, as well as the area itself. ORDINANCE N0. 4567 CREATING AND ESTABLISHING A SECOND FIRE DISTRICT IN TIE NORTH BEACH AREA OF TIE CITY OF CORPUS CHRISTI; AND DECLARING All EP.IvRGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye ORDINANCE NO. 4.563 RECEIVING AND ACCEPTING THE WORK OF CONSTRUCTION OF THE FOUR MINOR STORM SETXRS, PROJECTS 3-5, 21 AND PARTS OF 3-17 AND 309 IN THE CITY OF CORPUS CHRISTI, PERFORMED BY SLOVAK BROTHERS, INC., UNDER THEIR CONTRACT Trd=H THE CITY DATED NOVEMBER 29, 1955, AS AUTHORIZED BY ORDINANCE NO. 4331; AUTHORIZING PAYMENT OF FINAL ESTIMATE, A COPY OF 'WAICH IS ATTACHED HERETO AND MADE A PART HEREOF, DATED MAY 31ST9, 1956, IN THE AMOUNT OF $11,4.39.19, TO BE PAID OUT OF FUNDS AL'MADY APPROPRIATED FROM 110. 295 STORM BEWER BOND DIPROVEYBNT FUND; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye 2,anuel P. Maldonado Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler, Aye Manuel P.' Maldonado Aye THIRD AND FINAL READING OF ORDINANCE NO. 4569 GRANTING TO JOE EMANUEL, DBA THE STAR CAB COMPANY, A FIVE YEAR FRANCHISE IN THE FORM PRESCRIBED BY ORDINANCE NO. 4536, PASSED AND APPROVED BY THE CITY COU14CIL ON MAY 23, 1956, FOR THE PURPOSE OF OPERATING TAXICABS ON AND OVER THE PUBLIC STREETS, ALIEYS AND PUBLIC THOROUGHFARES OF THE CITY OF CORPUS CHRISTI. The third and final reading of the foregoing ordinance was passed by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. 1,h1donado Aye 4.9 Mayor Smith: "In reference to the bids on the superstructure of the Lift Bridge over Tule Iake Channel, Corpus Christi, Texas, I have now received a report and recommendation resulting from a joint meeting of the Technical Committee, held on June 27th, following an earlier meeting called by me with the City Council, officials of the County, and Navigation District, representatives of the Army Corps of Engineers (lo- cally), and I pointed out certain information in this earlier meeting to the effect that the estimate of Harring- ton & Cortelyou, consulting engineers, as of December 1954 -for this particular item of construction was $1000,000.00, that later, on January 20, 1956, this estimate was by them revised to $2,039,572.00, and then still later on May 24, 1956, before bids were opened, the same firm of consulting engineers furnished the City and the Army Corps of Engineers a still later and higher revised estimate based on additional information resulting from .-r bids received on a similar structure, I believe in Norfolk. And this last revision was in the amount of $2,24.9,105. On June 5th Harrington & Cortelyou, upon receiving the actual bids on May 319 1956, here as they were opened in the Council Room, recommended through Mr. Cortelyou that the City accept and recommend to the Corps of Engineers, the low bid submitted by U. S. Steel Company. That bid was $2,197,257.88 "This low bid was that of the U. S. Steel Company through its American Bridge Company Division of U. S. Steel. There was one other bid, that of Mt. Vernon Steel Company, in the amount of $2,295,080.09. Of the two bids submitted it was determined that that of U. S. Steel was the lower bid. It was also concurred in to the feeling that the low bidder was a competent and reputable bidder, fully capable of performing the work called for in the plans and specifications. There were four bidders that qualified but only two who furnished bids and as aforesaid. Twelve contracting firms were furnished plans and specifications and invited to bid, as well as notice to anyone else who desired to bid. Very shortly in time, and subsequent to that bid date time, it was learned by me and relayed to all concerned that others were desirous of bidding, including one who even qualified, but for reasons explained by them, inability to obtain sub -bid, and a written expression to the effect that if the bids were rejected they would rebid, and at a substantially lower figure. This raised certain obvious questions, and we then advised fully the nearest offices of the Army Corps of Engineers on behalf of the Federal Government, the full facts pertaining to all subsequent information. It is the feeling of this Council, as I understand it, to act upon this letter of report and recommendation from the Technical Committee to it dated June 27th, 19569 resulting from the joint meeting of representatives of the said Technical Committee, which includes Mr. W. W. Anderson, Mr. Drahn Jones, and Mr. I. M. Singer of the City Staff, and representatives of the Navigation District, Technical Committee, Mr. Duane Orr, Mr. Harvey Weil, and of the County, Technical Committee, Mr. J. C. Harris, Mr. Jesse Lawrence and Mr. Fisher Alsup, urging that the City recommend to the Army Corps of Engineers the appro- val of the bid of U. S. Steel, and request,of them (U. S. Steel) a 30 -day extension of time over the 60 -days called for in the acceptance of the bid. It is the feeling of the City Council, as I understand it, that this is a matter for decision by the Army Corps of Engineers after study of all the facts furnished them and to be furnished them with our pointing out, as the City Council that we, as a city, only have $700,000.00 of our own bond funds voted as our share for this total project encompassing approximately $6,000,000.00 in work. And that there is a guarantee of costs provision by the Bridge Owner to the Federal Government, and that under the Truman -Hobbs Act, that the hypothetical bridge unit prices will be based upon the unit prices under the bids, and that the Federal Government will possibly, as a result of the bids and unit prices, raise the value of the hypothetical bridge, and therefore increase its contibution above that presently indicated so that this city will be able to build the bridge within the funds now available to it and voted for this purpose, namely the $700000.00. That we have no other funds available, and that we cannot accept this contract without it running within those funds available to us which will necessitate a still larger contribution by the Federal Government, predicated on the bids. I'de ask the Federal Government, through its Army Corps of Engineers, and those in connection therewith, the Secretary of the Army, to review the information sent, this statement made in connection therewith, such facts and information as relates to the possibilities of a lower bid through re -bidding, following rejection of all bids, and to make its recommendation to us in light of our limitations as I have ennunciated." (Mr. W. W. Anderson): There is one ommission in that, and that is that the County has voted and has available for this project $435,000.00, the Navigation District has voted and has available $725,000.00 �/ 50 in addition to our $700,000.00, all of which - - - Mayor Smith: That is correct as I understand it, and if the Federal Government cannot see fit to come within these necessary limitations of the funds we have available, or if it desires, in view of this infor- mation, that we reject these bids to effect the savings that is shown in the information, then this City will await their advice to carry forward in these negotiations. "I think that pretty well concludes our remarks under the Truman -Hobbs Act and the Federal Law relating to operation of bridges on navigatable waters, and I will call for a motion encompassing what I have said for transmission to the Army Corps of Engineers for action". Motion by Culli, seconded by Roberts and passed that the recommendation of Harrington & Cortel- you, Consulting Engineers, regarding the bid of United States Steel Corporation in the amount of $2,197,357.88, for the construction of Unit II substructure for the bridge over Tule Lake Channel, Port of Corpus Christi, Texas, received by the City Council at 2 P.M., Pray 319 19569 be concurred in, subject to the qualifications as outlined by Mayor Smith, and the City Manager be authorized to transmit the recommendation to the Corps of Engineers for their approval. TILE STATE OF TEXAS 0 COUNTY OF NUECES C E R T I F I C A T E I. the undersigned, City Secretary of the City of Corpus Christi, Texas, do certify that the foregoing is a true and correct copy of an excerpt from minutes of the Regular Meeting of the City Council of the City of Corpus Christi, Texas, held on June 27, 1956, at 2:00 P.M., as same appears in the Official Records of the City of Corpus Christi, Texas, of which I am the lawful custodian. SME, SSETH PTY'HAND AND the Official Seal of the City of Corpus Christi, Texas, this 2nd day of July, 1956. Zs / T. ay Yxinn T. Ray Kring, City Secretary City of Corpus Christi, Texas ( S E A L ) Pr. Smith: It says here (reading from a digest of Truman -Hobbs Act) that - that we - all bids including any bid for all or part of the project submitted by the bridge owner shall be submitted to the Secretary together with a recommendation by the bridge owner as to the most competent bid or bids and at the same time the bridge owner shall submit to the Secretary a written guarantee that the total cost of the project including the cost of such work as is to be performed by the bridge owner and not included in the work to be performed by contract shall not exceed the sum stated in said guarantee. We pointed out our financial inability to guarantee that cost to move ahead with it. Iie pointed out who is the most competent bidder under the formal bidding and who is the low bidder. We point out all the information we have on those who desired to bid. Imo. Jones: Won't all of those questions be answered when it comes back with the Army approving the low bidder - you'll have to send in a new guarantee of costs and a re -apportionment made by the Corps of Engineers working with us - and all of that will be worked out and submitted to the Secretary of the Army, and then if he approves, a new apportionment of costs - a new guarantee of costs - then all the questions that you have asked now are brought out and will be answered before we ever award the contract. You're not awarding the contract - - Mr. Smith: We don't have the authority to do that - - all we can do is relay the information we have and such advice as we have I�x'. Jones: So you're not taking on any actiononthe City until you get all the answers back from him as to what they will -do. Mr. Smith: That's right. 51 Mr. Jones: And instead of - it looks to me like, instead of the City pointing out to them, that they would come back if they didn't have the money, they'd point out to you - we don't have the money. Because this figures to me, all our guarantee and apportionment will be changed before doing business. That right, Duane? Yx. Smith: As it now sits, we cannot make the guarantee because we don't have the money to pay for it. The guarantee would have to be changed. Mr. Bigler: If we accept it subject to your remarks, it will cover everything that you said and that'll be incorporated in it, that's all you gotta do, we.can recommend that we accept it subject to the remarks that you made. Ix. Smith: If we recommend that we accept it with the information we give them they might decide that it should be rejected - - we ask them their advice on these matters. Mr. Bigler: That puts the responsibility on their back - we recommend acceptance subject to the foregoing remarks that you just sent to them - then they got a complete record of what you said - and then they can figure the thing out and send it on back - they'll answer your questions like Drahn told us, so all we got to do is recommend acceptance subject to your remarks and we're through. Mr. Smith: We have $700,000.00 Mr. Culli: There might be a chance it would cost us less 11r. Smith: I don't think we should recommend acceptance of this bid, I recommend transmission of this information for their advice to us. Mr. Bigler: If we accept it subject to your remarks, we have done the same thing. You said the same thing - - Mr. Smith: If you want my personal remarks - again - I can elaborate further - - Mr. Bigler: No, no, no, I think you've said enough already - you've gone into enough elaboration. Mr. Smith: Seriously recommend consideration of all the information given, because I think there is meritorious information given. Mr. Bigler: That's all on the record - we recommend acceptance of it subject to your remarks, and that covers everything that you said, and we're not making the award, we're just sending it all up there to them, with a recommendation they can do what they want to. Mr. Smith: They're just as apt to say reject both of them, or take the High, or take the Low 1x. Bigler: That's right, you're not sticking your - - you just recommend acceptance subject to your remarks and you put them - - you're not binding yourself and you're not binding us anyway, shape, form or fashion, if they don't want to do it then they can kick it right back to us. 'Mr. Culli: Nothing is firmed up yet until they go over this and then say - - tell us - - recommend that we award the contract. Mr. Bigler: We have to recommend acceptance subject to your remarks in order to get it up there to the Secretary for them to work on it - - you've already put that in - you've got every qualification that you could think of on the record right now, and if you send them a copy of that, that's all you got to do. 1Y. McClure: I presume by way of form, the motion which was done before which does recommend - the recommendation is approved, subject to your remarks. Mr. Bigler: It's qualified that we don't have but so much, and the County dori't have but so much, and that the Navigation District don't have but so much. We told them that there's a possible chance of making another saving if the bids are thrown out and rebid - - so under those conditions, you can unqualifiedly accept this with the recommendation that they accept this. Mr. Smith: We recommend then that the most competent and lowest bidder - U.S. Steel Mr. Bigler: That's right, you've already said that Yx. Smith: That supplementary information that qualifies this that there might be a substantial saving Mr. Bigler: You've got that in the record, that's already in there, so we can unqualifiedly recommend acceptance, subject to those remarks, that's all you got to say, and you're through, and we fulfill this deal here Mr. Culli: When it comes back we'll find out what the County's portion - - 52 Mr. Smith: The County's portion doesn't change - the Navigation District doesn't change - we're the only one that has to make a guarantee of costs. This contract says the City is the bridge owner. The Federal Government pays a certain percentage, and we, the City, guarantees the guarantee of costs Mr. Bigler: Subject to their proportion Mr. Smith: Not the County, and not the Navigation District - but the only one that's got their neck out in the guarantee of costs is the City and I know of no resolution authorizing any sharing in these added costs of any- body else lair. Bigler: Well, you told them that we got to do it, you're not sticking your neck out - - you told them we got $700,000.00 - and all we got to do is recommend that they accept it subject to your remarks and that puts it off-- of ffof us. Mr. Smith: And they already have the prior information subsequent funds available, contingencies Mr. Bigler: You got a motion and a second subject to those remarks. Yx. Smith: Ready for the vote? Those in favor say "Aye". All: "Aye". Mr. Smith: Passed. There being no further business to come before the Council, the meeting was adjourned. �f f'1�� City scretaryr ''� PRESENT: 11ayor Farrell D. Smith Commission2rs: W. J. Roberts Minor Culli B. E. Bigler 1anuel P. Maldonado MAYOR THE CITY OF CORPUS CHRISTI, TEAS REGULAR COUNCIL KIMTING July 5, 1956 2:00 p.m. City Manager Russell E. McClure Asst. City Attorney J. F. Park City Secretary T. Ray Kring Mayor Farrell D. Smith called the meeting to order. The Invocation was given by Reverend Leo Flores, of First 1-bxican Nazarene Church. City Secretary Kring called the roll of those in attendance. Mayor Smith announced the opening of bids. Bids were opened and read on cleaning, coating and wrapping Steel Pipe from the following: Pipe Line Service Corporation Rosson-Richards Co. Motion by Culli, seconded by Maldonado and passed that the bids be tabled for 43 hours as required by City Charter and referred to the City Manager for'tabulation. Mayor Smith announced the next matter was a pending item before the Council, and that he desired to relinquish the Chair to 1%hyor Pro -tem Roberts. Mayor Pro -tem Roberts announced that this was a recessed hearing of two weeks ago regarding establishing setback lines on Ocean Drive, which had been recessed at the request of Dave Coover, attorney for the Donigans, to give them time to obtain an engineering study of the matter. Dave Coover stated that after study, consultation and review of all the information presented at the hearing that his clients were opposed to any taking of their land at this particular location. He stated' that it was their feeling, and that of other residents of Ocean Drive, that the street was intended as a residentia street and should not be made a speedway, that the radius of the curve involved is adequate for a speed up to 4.0 miles per hour, that any straightening of the curve would encourage excessive speed in that area; and does not justify the spending of public funds as they do not consider it in the public interest. The residents of the area are opposed to any increase in the speed limit on Ocean Drive regardless of what is done with the road. 53 He further pointed out to the Council that there are quite a few olive trees,planted in the area proposed to be taken and that the trees are valued at 4P100 per tree and would not stand successful transplanting, and that the owners have spent considerable money on an underground irrigation system, and on the basis of estimates obtained value the land at from 900 per square foot to X1.15 per square foot, and that there is also the matter of the established driveway entrance to the property. He stated again that his clients feel there is no need for any taking of their land and are unwilling to concede that any such need exists. Mr. Harry Hoag, engineer, stated that the Zoning & Planning Commission had made 2 recommenda- tions to the City Council, one of which was in exact agreement with his Proposition A presented to the Council 2 weeks ago, and the other providing 20 feet on the east side of Ocean Drive was in exact conformance with his Proposition B, and that the presently proposed plan of the Council was in variance with the recommendations of the Zoning & Planning Commission. Motion by Culli, seconded by Maldonado and passed that the matter be referred to the Zoning & Planning Commission to see if the proposed setback lines, as suggested by the Council, comes within the scope of the recommendation of the Zoning & Planning Commission. Mayor Pro -tem Roberts turned the Chair back to Mayor Smith. City Manager McClure presented a pending item of the application of C. A. Richter, J. A. Kosar and E. S. Joslin for a change of zoning from "R-1" to "B-3" on part of Tract E, Boulevard Acres Subdivision i.e., all of Tract E south of the new Lexington right of way except the south 200' x 150', being on the south side of the 3100 block of Lexington Boulevard; and that part of Tract F south of the Lexington right of way generally at the Sid corner of Lexington Boulevard and Kostoryz Road not having a present "B-3" zoning. Motion by Roberts, seconded by Maldonado and passed that the application be denied on the basis that there is adequate business zoning already existing in the area. �i City Manager McClure presented another pending item of the application of George Dillon for a change of zoning from "R-1" to "L -I" on the north 5 acres out of Lot 8, Section D, Paisley Subdivision of the Hoffman Tract, and recommended that the zoning be approved up to the east property line of the existing 60 -foot drive and that the extension of similar light industrial zoning be planned for the Hamlett and Rychetsky tracts provided: a. That Dillon will at this time agree to join Hamlett and Rychetsky in the dedication and improvement to City Standards of the existing drive and of the future residential street to the west. b. That Hamlett and Rychetsky will plat their property dedicating and improving the existing street to City Standards prior to, or concurrent with the zoning change. The proposed street serving the resi- dential section will follow as a matter of platting -procedure. c. That the property owners will provide, Dillon by restrictions in which the City will be a party and Hamlett and Rychetsky by a broadened Certificate of Dedication on the plats, an agreement to maintain a minimum of 20;a open space on the individual lots into which these tracts might be subdivided with provision that all parking and loading be restricted to the individual properties. Mayor Smith felt the need of at least a 30 -foot setback from the street right-of-way as a safety factor and a noise barrier for homes in the area. Motion by Bigler, seconded by Culli and passed that the matter be referred back to Zoning & Planning for further study on the matter of street alignment. P,o one appeared in answer to the Mayor's invitation to anyone with information or petitions for the Council to come forward. Mayor Smith announced the Council would next hear the City Planager's Reports. Motion by Culli, seconded by Bigler and passed that the recommendation of the City Manager be accepted for the City to proceed at once to ascertain the cost of widening Agnes Street from Port Avenue to 21st Street to an 34 foot right-of-way. Motion by Culli, seconded by Roberts and passed that the plans and specifications for altera- tions at Cliff Maus Airport Tower be approved, and the City Manager be authorized to advertise for bids to be 54 received July 25th. M otion by Culli, seconded by Maldonado and passed that July 24th be set for a public hearing on the application of Mrs. Dahlia McCord Carpenter and Simon & Edward Grossman for a change of zoning from "R-1" to "B-1" on 5.21 acres out of Tracts I and II, Paisley's Subdivision of the Hoffman Tract, which had been tabled for further economic study. Motion by Culli, seconded by Roberts and passed that the award of bid on Cement Asbestos Pipe be made to San Antonio I -Lachine and Supply Company for a total of X3,309.50. (See Bid Tabulation X106 in File). THIRD AMID FINAL READING OF ORDINAP CE N0. 4570 GRANTING TO AIRLINE TAXI, INC., A FIVE YEAR FRANCHISE IN THE FOM4 PRES- CRYBED BY ORDINANCE 110. 4536, PASSED AND APPRO?TED BY THE CITY COUNCIL ON MAY 23, 1956, FOR THE PURPOSE OF OPERATING TAXICABS ON AND OVER TIM PUB- LIC STREETS, ALLEYS AND PUBLIC THOROUGHFARES OF TIS CITY OF CORPUS CHRISTI. The third and final reading of the foregoing ordinance was passed by the following vote: Farrell D. Smith Aye W. J. Roberts Aye Minor Culli Aye B. E. Bigler Aye Manuel P. Maldonado Aye THIRD AND FINAL READING OF ORDINANCE N0. 4571 GRLN'TIdG TO PING CAB C0r1PANY, INC., A FIVE YEAR. FRANCHISE IN THE FORM PRESCRIBED BY ORDINANCE NO. 4536, PASSED AND APPROVED BY TIE CITY COUNCIL ON MAY 23, 1956, FOR TIE PURPOSE OF OPERATING TAXICABS ON AND OVER THE PUBLIC STM.,ETS, ALLF,YS AND PUBLIC THOROUGHFARES OF THE CITY OF CORPUS CHRISTI. The third and final reading of the foregoing ordinance was passed by the following vote: Farrell D. Smith Aye W. J. Roberts Aye Minor Culli Aye B. E. Bigler Aye Manuel P. Maldonado Aye THIRD AND FINAL READING OF ORDINANCE NO. 4572 GRANTING TO RED TOP CAB COMPANY, A FIVE YEAR FRANCHISE IN THE ,FORM PRES- CRIBED BY ORDINANCE 110. 4536, PASSED AIM APPROVED BY THE CITY COUNCIL ON 14AY 23, 1956, FOR TIE PURPOSE OF OPERATING.TAXICABS ON AIM OVER THE PUB- LIC STREETS, ALLEYS AND, PUBLIC THOROUGHFARES OF THE CITY OF CORPUS CIRISTI. The third and final reading of the foregoing ordinance was passed by the following vote: Farrell D. Smith Aye W. J. Roberts Aye Minor Culli Aye B. E. Bigler Aye Manuel P. Maldonado Aye MUNICIPAL MAINTENANCE ORDINANCE NO. 4573 AN ORDINANCE PROVIDING FOR TIE MAINTENANCE OF CERTAIN STATE HIGHWAYS AND/OR PORTIONS OF STATE HIGI-rrTAYS III THE CITY OF CORPUS CHRISTI, COUNTY OF NUECES, TEXAS, HEREBY REFERRED TO AS 11w1UNICIPAL MAINTENANCE PROJECT AND AUTHORIZING THE; CITY MANAGER OF.THE CITY OR OTHER AUTHORIZED CITY OFFICIAL,TO EXECUTE AND AFFIX THE CORPORATE SEAL AND ATTEST S uB. A CERITAIN AGREE1,1ENT BE7ZEN THE CITY AID THE STATE OF TEXAS, PROVIDING FOR TIS-+ MAINTENANCE AND USI'+, OF THN SAID MAINTENANCE PROJECT: AND DECLARING AN EMCRGENCY AND PROVIDING THAT THIS ORDINANCE SHOULD BE EFFECTIVE FROM AITD AFTER ITS PASSAGE. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye 55 ORDINANCE NO. 4.574 AN ORDINANCE PROVIDING FOR TT IE EXISTENCE, USE, OPERATION, AIM MAINTENANCE OF HIG1TJAY TRAFFIC SIGNALS AT THE INTERSECTIONS SHOWN ON EXHIBIT NO. 1, ATTACHED HERETO AND MADE A PART HEREOF, IN THE CITY OF CORPUS CHRISTI, TEXAS, AND AUTHORIZING THE CITY MANAGER OF TIT; CITY TO EXECUTE, AND THE CITY SECRETARY TO AFFIX THE CORPORATE SEAL AND ATTEST THE SATs , A CERTAIN CONTRACT BET'EEN THE CITY AND THE STATE OF TEXAS PROVIDING FOR THE EXIS- TENCE, USE, OPERATION, AND MAINTENANCE OF SAID HIGI-RTAY TRAFFIC SIGNALS; FOR PAYMENT BY THC CITY OF THE COST OF OPERATING AND MAINTAINING THE HIGIWAY TRAFFIC SIGNALS AND ALL OF THE PCF,,1ER COST FOR OPERATING SAID HIGIrJAY TRAFFIC SIGNALS; FOR RETURN TO THE STATE OF ANY AND ALL PARTS OF SAID TRAFFIC SIGNAL INSTALLATIONS 1EMOVED BY THE CITY; AND DECLARING AN E.-EI,GIENCY AND PROVIDING THAT THIS ORDIlGANCE SHALL BE EFFECTIVE FROM AND AFTER ITS PASSAGE. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye 01FDINANCE NO. 4.575 AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE FOR AND ON BEHALF OF TIE CITY OF CORPUS CHRISTI THE ACCEPTANCE OF AN ASSIGNMENT OF THE SANITARY SE qER LINE CONSTRUCTED BY ROY SMITH HOES, INC. , 0I4 MCAR,DLE ROAD, EXTEIMI1M FROM THE REAR OF BLOCK 9, MOUNT VERNON SUBDIVISION NO. 3, EXTENDING EASTERLY 2,04.0 FEET TO A POINT IN THE CENTER OF THE INTERSECTION OF I=IDLE ROAD AND ZARSKY DRIVE; ASSU'%MNG THE OPERATION AND M&INTEI ANCE OF SAID SEER LINE AS A PART OF THE SANITARY SEWER. 'STEM OF TIE; CITY; AMID DECLARING AN EMERGED Mv'CY. The Charter Rule was suspended by the following vote! Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye Mlnor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye ORDINANCE NO. 4.576 APPROPRIATING THE SUMS OF $10,120.23, OUT OF NO. 205 CIVILIAN DEFENSE CONSTRUC- TION FUTO TO COVER THE CITY'S PORTION OF THE COST OF DISASTER WAT11NING SYSTEM EQUIPIMENT AS PER BID A,,TARDED BY THE CITY COUNCIL JUNE 27, 1956; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye Minor Cull! Aye .W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye 56 ORDINANCE 1110. 4577 AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND IN BEHALF OF THE CITY OF CORPUS CIRISTI, TEXAS, TO EXECUTE A STREET DIPROVE111ENT CONTRACT 1,1ITH T. M. GANNAWAY, JR., TRUSTEE, BEN D. M,%R.KS, CEDRIC Ii. I+Ar RKS, ABE M. KATZ, IIAR,RY WEISrWi, RAYFORD McNABB AND MAGNOLIA PETROLEUM C0111)ANY, FOR A PRO- POSED EXTENSION OF PARKDALES DRIVE TO ITS INTERSECTION VITH EVERIiART ROAD AID; FURTHER DLRECTING THE CITY MANAGER TO ACCEPT A DEED OF DEDICATION FOR SUCH STREET EXTENSION, EXECUTED JOINTLY FROM BEN D. 1 -%TM, CEDRIC H. MARKS, ABE M. KATZ AND HARRY TWEISMAN, AFTER PERFORMANCE OF THE CONDITIONS SET FORTH IN SAID ITFROVETENT CONTRACT BY THE OTHER PARTIES THERETO, AND; FURTIER DIRECTING AND AUTHORIZING TIE CITY TlaNAGER TO EXECUTE A CORRECTION DEED IN LIEU OF THAT CERTAIN DEED EXECUTED, IN BEHALF OF THE CITY, BY T. M. GANNA:�IAY, JR., TRUSTEE, DATED AUGUST 19, 1953, AND TO ACCEPT SAID COPjEC- TION DEED FOR AND IN BEHALF OF TIE CI`T'Y IN SECURING STREET RIGiiT OF ,1AY DEDICATION AND UTILITY EASET-IvNT IN SAID PROPOSED EXTENSION OF PARKDALE, DRIVE, r = PERFOiUTANC ES OF CONDITIONS SE =+T FORTH IN SAID DTIROVE1,1ENT CONTRACT, COPIES OF SAID IT$'ROV IT217 CONTRACT AND SAID DEEDS ARE ATTACHED HE MTO. AND T•ie�D E A PART HE, REOF; AND DECLARING AN El'•;' RGENCY. ' The Charter Rule was suspended by the following vote: Farrell D. Smith Aye Minor Culli Aye 1. J. Roberts Aye B. E. Bigler Aye, Manuel P. Maldonado Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye �;anuel P. Maldonado Aye Mayor Smith announced the next matter on the agenda was the Budget Hearing on Public Safety Department, Corporation Court and Traffic Engineering Department. Mayor Smith presented a brief summary of the proposed budget of the Public Safety Department by Divisions, Police, Humane, Fire, Fire Prevention, Civil Defense. No one appeared to comment. Mayor Smith next presented a brief summary of the proposed budget for Corporation Court. Judge Franklyn Smith said that he was satisfied with it as presented. byor Smith next presented a brief summary of the proposed budget for the Traffic Engineering Department, including Street Lighting. No one appeared to comment. There being no further business to come before the Council the meeting was adjourned. l �QFC cQ ' City Secretary Mayor City of Corpus Christi, Texas THE STATE OF TEXAS X COUNTY OF NUECES X CITY OF CORPUS CHRISTI, X•� NOTICE OF SPECIAL MEETING TO THE MEMBERS OF THE CITY COUNTIL, THE CITY MANAGER, THE CITY SECRETARY AND THE CITY ATTORNEY TO THE CITY OF CORPUS CHRISTI, TEXAS: NOTICE is hereby given that a special meeting of the City Council of the City of Corpus Christi, Texas, will be held in the City of Corpus Christi, Texas, in the Council Chamber of the City Hall, at 2:00 o'clock p; m. on the 10th day of july,,1956, for the purpose of a public hearing on an application of the Corpus Christi Industrial Properties, Incorporated for an easement and use privilege on which to construct, maintain and operate a sidetrack over and across Highway #44 at a point approximately 1600 feet West of the intersection of that highway and Baldwin Boulevard in the City of Corpus Christi, Texas. DATED this the 10th day of July, 1956. /s/ Farrell D. Smith FARRELL D. SMITH, MAYOR Cit.. -o• Cornus Christi. Texas �s� 5"7 CONSENT TO MEETING De;, the undersigned members of the City Council, the City Manager, the City Secretary and the City Attorney of Corpus Christi, Texas, hereby accept service of the foregoing notice, waiving any and all irregularities in such service and consent and agree that said meeting shall be at the time and place therein named and for the purpose therein stated. /s/ Minor Culli /s/ W. J. Roberts MINOR CULLI W. J. ROBERTS B. E. BIGLER /s/ Russell E. McClure RUSSELL E. MC CLURE City Manager Isl T. Rat Kring T. RAY KRING City Secretary SPECIAL COUNCIL MEETING July 10, 1956 2:00 p.m. /sl Manuel P. Maldonado MANUEL P. MALDONADO /s/ I. M. Singer I. M. SINGER City Attorney Mayor Farrell D. Smith called the meeting to order and announced that the purpose of the meeting was to -hear the proponents and opponents on the granting to the Texas Mexican Railroad Company a privilege and easement to construct, maintain and operate a railroad side track upon and across a portion of Highway No. 44 at approximately 1600 feet west -of the intersection of Highway No. 44 and Baldwin Boulevard, said spur track being proposed to serve a 61.239 acre tract of land to be developed by the Corpus Christi Industrial Properties, Inc. Mr. L. H. Gross, Presidentof the Corporation, and Mr. Bob Flate.outlined briefly the proposed development and presented for the record an executed copy of a letter from the Texas Highway Department approving the crossing of State Highway No. 44 near Villa Drive. Mr. R. E. Johnson, Vice President and General Manager of the Texas Mexican Railroad Company, described the type of crossing and spur back to be constructed and.the type of operation and service that would be extended to the patrons of the area. In reply to a question asked by Mayor Smith, if any one else would be permitted to be served by the spur, Mr. Johnson and Mr. Gross replied affirmatively, stating, however „that they would be expected to reimburse the Corpus Christi Industrial Properties, Inc., for a portion of their investment. Mr. Gross stated that under the terms of the agreement that the spur track could not be extended without the permission of the City and State Highway Depart— ment. Mr. Flato in discussing the proposed development stated that the taxable values of the property would increase 20 to 30 percent by virtue of the development . He further stated that in ten years it was anticipated that the taxable value would be approximately.$9,0001000.00 for the land and improvements and would provide approximtely a $4,000,000.00 annual payroll. Mr. Fagan Mason, local engineer representing the State Highway Department, when asked if he had any information to contribute to the meeting stated that he was present merely to listen and to become familiar with the proposed development. Mr. Ray West, a local warehouse man, stated that being in the warehouse business and being interested in the industrial development of the city he was strongly in favor of such a development and had a mumber of prospective tenants for warehouses. Mr. Ggorge Aboud and Mrs. Virginia Rideway spoke in opposition to the crossing of the highway::from the standpoint of safety, further stating that they would be object if the area was served by a grade separation. Motion by Roberts, seconded by Culli and passed that the hearing be closed and the matter taken under advisement. There being no further business to come before the Council, the special meeting was adjourned. Ray Kring City: Secretary PRESENT: Mayor Farrell D. Smith Commissioner: W. J. Roberts Minor Culli B. E. Bigler Manuel P. Maldonado Church. REGULAR COUNCIL MEETING July 11, 1956 2:00 p.m. Farrell D. Smith, Mayor City Manager Russell E. McClure City Attorney I. M. Singer City Secretary T. Ray Kring Mayor Farrell D. Smith called the meeting to order. The Invocation was given by Reverent J. Barcus Moore of St. Luke's Methodist City Secretary Kring called the roll of those in attendance. Motion by Roberts, seconded by Maldonado and passed that the Minutes of Regular Meetings of May 31st, June 6th, June 13th, June 20th, June 27th and July 5th and Special Meetings of June 19th and June 22nd•be approved. Mayor Smith announced the opening of bids on an Asphalt Distributor. Bids were opened and read on an Asphalt Distributor from the following: Girard Machinery C Supply Co. The Roy Klossner Co. H. W. Lewis Equipment Co. Ingram Equipment Co. Jess McNeel Machinery Co. Motion by Culli, seconded by Bigler and passed that the bids be tabled for 48 hours as required by City Charter and referred to the City Manager for tabulation. Mayor Smith announced that the next item before the Council was petitions or information from the audience on matters not scheduled on the agenda. Mr. J. R. Sorrell, attorney, appeared on behalf of some property owners residing near Rodd Field and where the City plans to move a trash dump from North Beach. Mr. Sorrell stated that if you would take a map and get your prevailing winds and directions you would find that the smoke and stench from this burning would head straight into the heart of the residentia area. He further stated that he realized the City owned the tract but he could not help but feel that damage that will be done from this smoke and stench will be far greater than the value of the 40 acre tract and that it would be more practical to use an area comparable to that where the Carbon Black Plant is situated. The City Manager stated that this land had been purchased by the City a number of years ago for the purpose of -trash burning and that inceneration,which is the alternative, would be more.expensive than an open dump. Motion by Culli, seconded by Roberts and passed that the matter be taken under consideration and that City Forced be instructed not to start this operation until the matter 59 has been studied and the property owners given a chance for a hearing. Mayor Smith announced the next item was the petition of Flood Street property owners to open Flood Street from its dead—end to Baldwin Boulevard. Motion by Roberts, seconded by Bigler and passed that the matter be referred to the City Manager for study and recommendation. Mayor Smith announced the Council would next hear the City Manager's Reports. The City Manager requested that the recommendations regarding the award of the bid for the Concession Rights at the Exposition Hall and Memorial Coliseum be deferred for a week. Mr. Wheeler, representing the Aldersgate Methodist Church, stated that the Church is financially unable to take care of their portion of the cost of the paving, curb and gutter to extend Weir Drive at Evelyn Price Park at this time. Mayor Smith stated that it was his understanding that the party from which the church had purchased the property had agreed to pay their part in the program. Motion by Roberts, seconded by Culli and passed that the City would be willing to allocate up to $1500 and proceed with the project if and when the abutting property owners contribute their part. Motion by Maldonado, seconded by -Culla and passed that the tax error and correctio list and supplemental tax roll for June be approved. Motion by Bigler, seconded by Roberts and passed that the bid on approximately 275,974 feet of Steel Pipe Wrapping and Coating be awarded to Rosson—Richards Company, the low bidder, for a net cost of $22,805.86. (See Bid Tabulation 4107 in File). Motion by Culli, seconded by Maldonado and passed that the request of the Deposi— tory Bank to substitute $50U,000 in 3-3/8% Federal Home Loan Bank Bonds for the same amount of a smaller interest rate to be deposited with the Trustee Bank as security for City funds be approved. Motion by Bigler, seconded by Roberts and passed that the request of the Sponsors of the Soap Box Derby, the Optimist Club, Gulf Chevrolet and Caller—Times, to use Shoreline Drive from Craig Street, north beyond Furman Avenue for the Soap Box Derby, closing that portion of Shoreline Drive at approximately 1:30 p.m. on the 15th of July and at 11:00 a.m. on the 22nd and to remain closed until the conclusion of the races, be approved. Motion by Culli, seconded by Maldonado and passed that the request of Joe Kush to erect a seven story building at 420 South Chaparral, the northeast intersection of Park Avenue and Chaparral, to use 45 inches of the street right—of—way,be denied and with the advice that they confine the Joe Kush Building to their own property. Motion by Culli, seconded by Roberts and passed that the 60—day extension of time extended by U. S. Steel Co., the low bidder on the Superstructure of the Tule Lake Channel Bridge, which extension extends the time to 120 days for the awarding of the contract, be approvid. Motion by Bigler, seconded by Roberts and passed that the City Manager be author— ized to advertise for bids for the repair of the Coliseum roof overhang with galvanized lath and cement plaster. THIRD AND FINAL READING OF ORDINANCE NO. 4578 GRANTING TO CORPUS CHRISTI TRANSPORTATION COMPANY A FIVE YEAR FRAN— CHISE IN THE FORM PRESCRIVED BY ORDINANCE NO. 4536, PASSED AND APPROVED BY THE CITY COUNCIL ON MAY 23, I.956, FOR THE PURPOSE OF OPERATING TAXICABS ON AND OVER THE PUBLIC STREETS, ALLEYS AND PUBLIC THOROUGHFARES OF THE CITY OF CORPUS CHRISTI. 11] The third and final reading of the foregoing ordinance was passed by the following vote: Farrell D. Smith Aye W. J. Roberts Aye E i nor Culli Aye B. E. Bigler Aye Manuel P. Maldonado Aye ORDINANCE NO. 4579 IN LIEU OF AND REPEALING ORDINANCE NO. 4506, AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE AND DELIVER A RIGHT OF WAY EASEMENT, CONVEYING TO THE STATE OF TEXAS ALL OF LOTS 1 TO 12, INCLUSIVE, IN BLACK 11, WATER BEACH ADDITION, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, AT AN APPRAISED VALUE OF $191,000. WHICH IS DEEMED TO BE ITS PRESENT, EXISTING, IZASO1. ABLE MARKET VALUE, SAID RIGHT OF WAY BEING REQUIRED FOR THE RELOCATION AND CONSTRUCTION OF STATE HIGI-T,1AY NO. 9, ATM TO BE TARN INTO AC COUNT AT SAID It APPRAISED VALUE IN ACCORDANCE WITH THE TERIIiS OF TIE AGREEMENT BET:^ + ' N THE CITY OF CORPUS CIIR.ISTI AND NUECES COUNTY, DATED JATIUARY 20, 1955; A COPY OF WRICH EASETNIENT IS ATTACHED HERETO AND MADE A PART HEREOF AND DECLARING AN EMM, RGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye ORDINANCEt0. 4530 AMENDING TIE; ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI ADOPTED ON THE 27 DAY OF AUGUST, 1937, APPEARING OF RECORD IN VOLUTE 9, PAGES 565 ET SEQ OF THE ORDINANCE AND RESOLUTION RECORDS, AS AMENDED FROM T112 TO TIME AND PARTICULARLY AS AISNDED BY ORDINANCE NO. 2266 PASSED AND APPROVED ON THE 4TH DAY OF MAY, 1948, APPEARING OF RECORD IN VOLUME 16, PAGES 339 ET SEQ OF THE ORDINANCE AND RESOL'U'TIONS RECORDS, BY A IENIDINIG THE ZONING MAP ADOPTED ON THE 4TH DAY OF MAY, 1943, BY CIIANGIATG THE ZONING OF THAT PORTION OF PRO- PERTY NOT ALREADY ZONED, BEING GENEIRALLY THAT PROPERTY 014 THE WEST SIDE OF TIE 3900 BLACK OF SOUTH PORT AVENUE FROM "R-1" ONE FAMILY I74ELLI'NG 'DISTRICT TO "B-3" SECONDARY BUSINESS DISTRICT; AND C1-,1ANGING TIE ZONING OF LOT 26, BLACK 6, nT LINA NO. 2 SUBDIVISION, BEING LOCATED OTJ TI -E NORTIT^1E'ST CORNER OF VILL AREAL AND ANGELA STREETS FROM "11-1" ONE FA,,= -C D,JELLING TO "13-1" NEIGH- BORHOOD BUSINESS DISTRICT; AND CHANGING TIE ZOTIITIG OF LOTS 46 AND 47, BLOCK 1400, BAY TERRACE NO. 2, BEING LOCATED AT 1303-1310 S=NTEENTH ST., FROM "R-1" ONE FAMILY D'AE"LLING TO "B-1" TdEIG1-1BORHOOD BUSINESS DISTRICT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS A1EIMED; RE- PEALING ALL ORDINANCES IN FE'.�J CONFLICT HEITH; AND DECLARING AN ET�ERE'NCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye Minor Culli Aye 'PT. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye ORDINANCE NO. 4581 AMENDING AN ORDINANCE ENTITIED "AN ORDINANCE PROVIDING RULES AND REGULATIONS GOVERNING THE OPERATION OF BOTH COMMERCIAL AND PLEASURE CRAFT IN THE CORPUS CHUISTI YACHT BASIN IN THP CITY OF CORPUS CHRISTI; PROVIDING RULES AND REGULA- TIONS FOR PERSONS USING THE CORPUS CHRISTI YACHT BASIN; DESIGNATING CERTAIN DUTIES OF THE HARBORMASTER IN CONNECTION THEREWITH; PROVIDING PENALTIES FOR THE VIOLATION THEREOF; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT THERE'dITH; AND DECLARING AN EMERGENCY," BEING ORDINANCE NO. 1506 PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI ON THE 23RD DAY OF OCTOBER, 1942, BY AIENDING SECTION 22 AND 23 THEREOF MAKING IT UNLAPIUL TO PLAY MUSIC FROM AN EXCURSION BOAT; PROHIBITING THE USE OF PUBLIC ADDRESS SYSTEMS EXCEPT DURING AUTHORIZED BOAT PARADES OR REGATTAS; MAKING IT UNLAWFUL FOR ANY PERSON, OTHER THAN THE at'INER, OPERATOR, OR EMPLOYEE OF A CHARTER BOAT TO SOLICIT PASSENGERS; PROHIBITING THE SOLICITATION OF PASSEN- GERS FROM ANY PLACE OTHER THAN THE RENTED SLIP OF CHARTER BOATS; PROHIBITING TIE STOPPING OF CARS ON PUBLIC STREETS WITHIN THE YACHT BASIN FOR THE PURPOSE OF SOLICITING PASSETIGERS• PROHIBITING THE SOLICITATION 0' PASSENGERS UPON PUBLIC STREETS;PROHIBITING EXCHSIVE WHISTLE, SIREN OR HORN BWAdING; PROVIDING FOR SIGNS s 61 The Charter Rule was suspended by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye 2LLnor Cull! Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye ORDINANCE NO. 4582 ESTABLISHING TIM BUILDING LINE ON OCEAN DRIVE BETWEEN A POINT THIRTY FEET (301) NORTH OF THE SOUTH LINE OF LOT 4, BLACK 5, ALTA VISTA ADDITION, AND ROSSITER STREET, FIXING THE WIDTH OF THE STREET RIGHT OF WAY AT A WIDTH SO AS TO LESSEN THE SHARPNESS OF THE CURVE NOW EXISTING IN THE STREET RIGHT OF WAY OF OCEAN DRIVE; CLOSING THE HEARING HELD FOR THE PURPOSE OF ESTA- BLISHING SUCH RIGHT OF WAY WIDTHS; DECLARING SAID STREETS OPENED AS SHCr,%TN ON THE MAP ESTABLISHING BUILDING LINE ON SAID STREET ON FILE IN THE OFFICE OF THE CITY SECRETARY; ADOPTING AND APPROVING SAID MAP ATTACHED HERETO AND MARKED "EXHIBIT All; AND DECLARING AN EMERGENCY. Harry L. Hoag, engineer representing Galloway Selby and Parnot V. Donigan, presented an economical study of the cost involved in the modification of the curve on each of the plans proposed, namely Propo- sitions A and B, as submitted by Mr. Hoag and the plan as proposed by the City. Dave Coover, attorney representing Mesog V. Donigan and Lucy Welsh Donigan, inquired as to the nature of the action to be taken by the City Council, whether it was the establishing of building setback lines or the acquisition of right-of-way for the widening and straightening of the curve. He was advised that the ordinance under discussion was to establish the building line within a specific area of Ocean Drive and fixing the width of the street right-of-way so as to lessen the sharpness of the curve now existing. Mr. Coover objected on the taking of any property of his clients and further stated that the cost that would be involved could not be justified by the results sought to be obtained. Motion by Culli, seconded by Bigler and passed that the hearing on the establishing of the setback lines in accordance with the ordinance previously read be closed and be submitted to a vote by the Council. The Charter Rule was suspended by the folloiring vote: Farrell D. Smith Abstained Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Abstained Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Mayor Smith announced the public hearing on several Departmental Budget matters. Mayor Smith briefly summarized the proposed budget for the Recreation, Golf Course, Yacht Basin, and Coliseum & Exposition Hall Departments. No one appeared to comment on these items. Mayor Smith next explained the proposed budget for the Library. Mrs. V. G. Woolsey, president of the La Retama Library Board, Mrs. Margaret Hardy, Librarian, Mrs. Luther Terry, 0. G. McClain, Mrs. Gordon Lewis, Mrs. Eldon Dyer and Reverend David Rose, all urged a larger budget for the Library to provide for much needed books, and pointing out comparative figures nationwise in cities of comparable size to show that Corpus Christi is very much below standard in the number of books per capita, plus the fact that many of the volumes on the shelves.are not of interest, and there are many subjects for which there are no reference books at all. They requested that the Council give further consideration to their request for a budget of $121,255.00. 62 Mayor Smith emphasized that the total figures for the respective budgets as recited are at this point tentative; that the final figures cannot be determined until the overall budget is determined. He further stated that the Council was sympathetic to the desires of the Library Board and commended them for the work they are doing; assuring them that the Council would consider their request along with the other needs of the City. Mayor Smith next briefly summarized the proposed budget for the Accounting Department, Tax Division, Purchasing Division, Zoning & Planning, Urban Renewal and Civil Service. No one appeared to manifest any interest in any of the departmental budgets other than for the Library. There being no further business to come before the Council, the meeting was adjourned. ge MAYOR THE CITY OF CORPUS CHRISTI, TEXAS City Secretary THE STATE OF TEXAS Q COUNTY OF NUSCES Q CITY OF CORPUS CHRISTI. Q NOTICE OF SPECIAL MEETING TO THE MEMBERS OF THE CITY COUNCIL, THE CITY MANAGER, THE CITY SECRETARY AND THE CITY ATTORNEY TO THE CITY OF CORPUS CHRISTI, TEXAS; NOTICE is hereby given that a special meeting of the City Council of the City of Corpus Christi Texas, will be held in the City of Corpus Christi, Texas, in the Council Chamber of the City Hall, at 9:30 o'clock a.m. on the 13th day of July, 1956, for the purpose of appointing a member to the Board of Equalization to replace A. A. Kliensteuber, resigned, and such other business as may properly come before the Council. DATED this the 13th day of July, 1956. 1sl FARRELL D. SMITH FARRELL D. SMITH, mayor City of Corpus Christi, Texas CONSENT TO MEETING We, the undersigned members of the City Council, the City Manager, the City Secretary and the City Attorney of Corpus Christi, Texas, hereby accept service of the foregoing notice, waiving any and all irregu- larities in such service and consent and agree that said meeting shall be at the time and place therein named and for the purpose therein stated. /sl Minor Culli MINOR CULLI f sl B. E. Bider B. E. BIGLER sl Russell E. McClure RUSSELL E. MC CLURE City Manager /s% T. Kripy T. RAY KRING City Secretary SPECIAL COUNCIL METING July 13, 1956 9.30 a.m. fsl W. J. Roberts W. J. ROBERTS -1s l Nanuel P. Maldonado MANUEL P. MALDONADO Isl J. F. Park J. F. PARK Asst. City Attorney Mayor Farrell D. Smith called the meeting to order and announced that the purpose of the meeting was to fill a vacancy on the Board of Equalization created by the resignation of Mr. A. A. Kliensteuber, who resigned on the account of serious illness. Motion by Culli, seconded by Roberts and passed that the resignation of Mr. Kliensteuber as a member of the Board of Equalization be accepted and that the sympathy of the Council be conveyed to Mrs. Klien- steuber. Motion by Roberts, seconded by Culli and passed that C. J. Aills be appointed to the Board of Equalization for the current year. There being no further business to come before the Council, the special meeting was adjourned. .�t City Secretary PRESENT: Mayor Farrell D. Smith Commissioners: W. J. Roberts Minor Culli B. E. Bigler Manuel P. Maldonado MAYOR THE CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL :MEETING July 18, 1956 2:00 p.m. City Manager Russell E. McClure City Attorney I. M. Singer City Secretary T. Ray Kring Mayor Farrell D. Smith called the meeting to order. The Invocation was given by Reverend L. T. Jones, Jr., of the Church of the Good Shepherd. City Secretary Kring called the roll of those in attendance. Motion by Roberts, seconded by Bigler and passed that the Minutes of the Regular Meeting of July 11 and.Special Meeting of July 13, 1956, be approved.. Mayor Smith announced that the next item to come before the Council was the pending application of McKenzie & Hockley for a change of zoning from "R-1" to "B-1" on Lots 1 and 2, Block 8, Koolside Addition, being 837 and 841 Airline Road at the northwest corner of Airline Road and Adel Street. George L. Brundrett, attorney representing the applicants, appeared with petitions signed by property owners in that block and urging the Council to reconsider the matter due to the hardship of the property owners involved. Mayor Smith stated that the Council could see no public necessity for this change, stating further that the Council did not have the authority to grant a change in the zoning where private deed restrict existed limiting property to residential use. denied. Motion by Roberts, seconded by Culli and passed that the application of McKenzie & Hockley be Motion by Roberts, seconded by Maldonado and passed that the application of George Dillon for a change of zoning from "R-1" to "1-1" on the east 170' of the west 500' of the north 5 -acre tract out of Lot 8, Section D, Paisley Subdivision of the Hoffman Tract, subject to a 20 foot building setback and the applicant agreeing to join with adjacent owners in providing a street from Gollihar Road north to Rosalie Boulevard. Mayor Smith announced that due to the time involved the Council would defer the remaining a until after the public hearing on the Budget if there were no objections from the audience. Mayor Smith briefly summarized the proposed budget for the City -County, Health Unit, V. D. Clinic, Pest Control, Meat Inspection, City Physician, Food Handlers, Vital Statistics, City -County Hospital, and the City -County Welfare Board Departments. No one appeared to comment on these items. Mayor Smith next reviewed briefly the proposed budget for the Public Works Department - Office of the Director, Engineering -Regular, Engineering Bond Projects, Street Cleaning, Bayfront Pump Station, Garbage Collection, Garbage Disposal, Garbage Office, Inspection, Weed Control and City Hall (Building) Maintenance & Operation. No one appeared to comment. Mayor Smith next summarized the General Government Budget with no one appearing to comment. The proposed budget for the Public Utilities Department was briefly summarized by the Mayor, 63 IN No one appeared to comment. Mayor Smith next invited anyone in the audience with petitions or information for the Council on matters not scheduled on the agenda to come forward. Peter Johnston, chemist with Columbia Southern and a resident of 5825 Rio Vista, appeared re problem of the Oso Sewage Plant. Mr. Johnston stated that as a scientist and as a resident of the damaged area he thought he was entitled to the facts regarding the solution of the odors and gases from the Oso Sewage Treatment Plant. Mayor Smith stated that he appreciated Mr. Johnston's interest in the matter and if he so desired he was more than welcome to make studies of the situation and submit his recommendations to the Council. Mr. Johnston stated that he had already submitted one suggestion for clearing the area and that he had not received an acknowledgment. He further stated that he would need more of the facts behind the studies in order to make accurate and complete reports. He requested permission to meet with the City Engineers. Mayor Smith pointed out to Mr. Johnston that it would only result in mass confusion if he were to try dealing with a number of experts and also that there were some facts and figures involving security, just as there is in any governmental problem, that certain things could not be released for this reason. Mr. Johnston stated that there was no security involved here. Councilman Culli informed Yr. Johnston that there most definitely was, that being a lawsuit of which Mr. Johnston is a party. Mayor Smith promised Mr. Johnston that the City will continue to try to solve the problem existing at the Oso Sewage Plant and that he did appreciate his interest in the matter. City Secretary Kring presented a petition which had been received regarding Street Repair for Viola Street, and a petition regarding Drainage for Agnes -19th Street -Brownlee Boulevard Area. Motion by Culli, seconded by Maldonado and passed that these two petitions be received and referred to the City Manager for study and recommendation. Mayor Smith announced the Council would next hear the City Manager's Reports. Motion by Culli, seconded by Maldonado and passed that the date of August 149, 1956, be set for a Public Hearing on 4 Zoning Applications, that of George Bayder; J. H. Mayberry; Independence Lodge +1337, A.F. & A.M.; and Ray Hostutler and Others; and the date of August 1st, during the Regular Council Meeting, be set for Public Hearing on the application of F. B. Cochran, Jr., et al, for a Special Council Permit to construct a neigh - boyhood swimming pool. Motion by Culli, seconded by Bigler and passed that the City Manager be authorized to advertise for bids to be received August 1st relative to Construction of sewer lines in connection with the High Level Bridge Motion by Culli, seconded by Maldonado and passed that the plans and specifications re Resur- facing of 8 miles of Streets be approved, and the City Manager be authorized to advertise for bids. Motion by Roberts, seconded by Bigler and passed that the Concession Rights for Exposition Hall and Ybmorial Coliseum be awarded to J. 0. (Buddy) Harris on his Proposal No. II, the high bidder. (See Bid Tabula- tion X103 in File) . Motion by Culli, seconded by Maldonado and passed that the date of August 8, during the Regular Council Meting, be set for a Public Hearing on changing the Name of Holly Street. Motion by Culli, seconded by Roberts and passed that the City Manager be authorized to adver- tise for bids to be received August 8th for Lease of Land at the 0. N. Stevens Plant, and that the City reserves the right to make oil and gas lease with clause that the lessor will require tenant to be paid for crop damages. Motion by Maldonado, seconded by Culli and passed that the City Manager be authorized to advertise for bids to be received August 8th for Sale of Surplus property, io e., various used and unused equipment that has become obsolete or that is more economical to replace in the Water & Sewer Departments. The method of financing Street Improvements in connection with the exchange of land with the School District in the Carroll Lane District was reviewed and the City Manager's recommendation approved to 65 appropriate from the No. 102 Current Fund an amount to cover the total cost of this work and that the amount of $6,638.00 that the School District has agreed to reimburse the City, together with the proceeds from the sale of the improved land, will be deposited to the current funds. I. M. Singer, City Attorney, reported to the Council on the objections presented by Cecil E. Burney, attorney for Mission Rent -a -Car, Inc., and it was decided to defer the third and final reading of the ordinance granting to Kission Rent -a -Car, Inc., a franchise to engage in the business of operating a "Driverless Automobile" business. ORDINANCE N0. 4583 AMENDING AN ORDINANCE ENTITLED "AN ORDINANCE AMENDING THE RULES AND REGULATIONS OF THE CIVIL SERVICE BOARD OF THE CITY OF CORPUS CHRISTI BY ADDING ARTICLE 20 PROVIDING FOR THE ADOPTION AND ADMINISTRATION OF THE POSITION CLASSIFICATION PLAN FOR ALL OFFICES AND POSITIONS IN THE CLASSIFIED SERVICE", AND BEING ORDI- NANCE NO. 3658, PASSED AND APPROVED BY THE CITY COUNCIL ON THE 10TH DAY OF FEBRUARY, 1954, AS ANENDED, BY ADDING CLASS TITLE ADMINISTRATIVE AIDE, CLASS GRADE 16, TO THE GENERAL ADMINISTRATIVE SERIES, ADMINISTRATIVE AND CLERICAL GROUP; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR AN EFFECTIVE DATE; AND DECIAR- ING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye ORDINANCE NO. 4584 AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON BEHAIF OF THE CITY OF CORPUS CiEfISTI TO EXECUTE A CONTRACT WITH BLUM AND GUERRERO, ENGINEERS OF DALLAS, TEXAS, FOR ENGINEERING SERVICES AND PREPARATION OF DETAILED PLANS AND SPECIFICATIONS FOR THE AIR CONDITIONING AND ACOUSTICAL BETTERMENT OF THE EXPOSITION HALL AND CO=UM OF THE CITY OF CORPUS CHRISTI, FOR THE CONSIDERA- TION OF $20,000.00 PAYABIE AS SET FORTH IN THE SAID AGREEMENT; APPROPRIATING AND REAPPROPRIATING THE SUM OF $1,500.00 OUT OF FUND NO. 102 EMERGENCY AND NON-RECURRING EXPENDITURE ACCOUNT OF THE GENERAL FUND, FOR SUCH SERVICES, A COPY OF WHICH AGREEMENT IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLAR- ING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye ORDINANCE NO. 4585 AUTHORIZING AND DIRECTING' TILE CITY MANAGER FOR AND ON BEHALF OF THE CITY TO EXECUTE A LEASE AGREEMENT WITH HAROLD C. RAHN, DBA RAHN, INC., COVERING A LEASE ON THE PUBLIC WORKS MAINTENANCE BUILDING, SANE BEING BUILDING 602; AND UTILITIES A. & R. BUILDING, SAME BEING BUILDING 6039, LOCATED AT CUDDIHY FIELD IN NUECES COUNTY, TEXAS, FOR A PERIOD OF 740 YEARS BEGINNING JUNE 1, 1956 AND ENDING MAY 31, 1958, IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF SAID AGREE MENT, A COPY OF 79HICH IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye 1e The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye ORDINANCE NO. 4586 APPROPRIATING THE SUM OF $1,243.02 FROM THE NO. 202 CITY OF CORPUS CHRISTI WATEIZATORKS SYSTEM BOND CONSTRUCTION FUND AND $9,000.00 FROM THE NO. 295 STORM SE74ER BOND IYTROVEMENT FUND TO REIIUBURSE THE NO. 102 CURRENT FUND FOR ENGINEERING SERVICES PROVIDED AND TO BE PROVIDED BY THE ENGINEERING - BOND PROJECTS DIVISION IN CONNECTION WITH VARIOUS PROJECTS OF THE PERMANENT IM- PROVEMENT PROGRAM THROUGH JULY 31, 1956; AND DECLARING All EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye ORDINANCE NO. 4537 AUTHORIZING AND DIRECTING THE CHIEF 121SPECTOR OF THE INSPECTION SECTION OF THE DEPARTMENT OF PUBLIC WORKS TO ISSUE A BUILDING PERMIT TO JOSEPH A KUSH FOR THE CONSTRUCTION OF A SEVEN (7) STORY BUILDING AT THE NORTHEAST INTER_ SECTION OF PARK AVENUE AND SOUTH CHAPARRAL STREET (L(YdER SOUTH BROADWAY), BEING REFERRED TO AS 554 SOUTH CHAPARRAL STREET (MIER BROADWAY, WITHIN THE CITY, IN CONFORMITY WITH AND BASED ON THE AFFIRMATIVE REPRESENTATION OF JOSEPH A. KUSH IN HIS AFFIDAVIT AND PUBLIC STREET RIGHT OF WAY AGREEMENT AND GRANT TO THE CITY, BOTH OF WHICH ARE ATTACHED HERETO AND MADE A PART HEREOF, AND TO FORMALLY ACCEPT FOR AND IN BEHALF OF THE PUBLIC SAID PUBLIC STREET RIGHT OF WAY AGREEMENT AND GRANT; AND DECLARING AN EMERMNCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye ORDINANCE NO. 4533 AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AIM ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE A WARRAN'T'Y DEED TO THE CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT UPON THE EXECUTION OF A DEED TO TIT; CITY FROM TIE SCHOOL DISTRICT IN EXCHANGE THEREFOR REGARDING A TRACT OF LAND SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, AND DING A PORTION OF THE NORTH- EAST ONE-HALF OF IAT NO. 790 (2), SECTION B OF THE PAISLEY'S SUBDIVISION OF TIM HOFFMAN TRACT, COPIES OF WHICH DEEDS ARE ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EIERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye 67 ORDINANCE NO. 4539 AUTHORIZING AND DIRECTING THE CITY MANAGER OF THE CITY OF CORPUS CHRISTI, TEXAS, TO EXECUTE FOR AND ON BEHALF OF SAID CITY A LEASE AGREEMENT WITH . THE WEST OSO INDEPENDENT SCHOOL DISTRICT, COVERING BUILDING A-10 LOCATED AT CUDDIHY FIEID, NUECES COUNTY, TEXAS, A COPY OF WHICH LEASE AG ++MENT IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. 'Maldonado Aye The foregoing ordinance was passed by the following vote: -Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye There being no further business to come before the Council, the meeting was adjourned. /' y City Secretary PRESENT: Mayor Farrell D. Smith Co:mnissioners: W. J. Roberts Minor Culli B. E. Bigler Manuel P. Maldonado tions. MAYOR THE'. -CITY OF CORPUS CHRISTI, TEXAS SPECIAL COUNCIL MEETING July 24, 1956 2:00 p.m. City Manager Russell E. McClure Asst. City Attorney Glenn Parker City Secretary T. Ray Kring Mayor Farrell D. Smith called the meeting to order. City Secretary Kring called the roll of those in attendance. Mayor Smith announced the purpose of the meeting was a Public Hearing on three zoning applica- The first application was that of R. Ballard and Grady St. Clair for a change of zoning from "R-1" One -Family Dwelling District to "B-1" Neighborhood Business District on the following described property: BEGINNING at the most northerly corner of Lot 12, Section A, of the Paisleys Subdivision of the Hoffman Tract same point being the point of intersection of the center line of Gollihar Road and the center line of Weber Road; THENCE; along the center line of Gollihar Road 5..610 470 20" E'130.01; THENCE; S 230.10' 40" W 40.0' to a point in the southwest right-of-way of Gollihar Road for the point of beginning of this tract; THENCE; with.the southwest right-of-way of Gollihar Road S 610 47. 20" E 210.0' to the most easterly corner of this tract; THENCE; S 230 10' 40" E 314.75• to the most southerly corner of this tract; THENCE; N 610 47' 20" W 450.0' to a point in the south- easterly right-of-way of Weber Road for the most westerly corner of this tract; THENCE; along the southeasterly right-of-way of Weber Road N 230 10' 40" E 255.01; THENCE; S 610 47' 20" E 140.0' to an interior corner; THENCE; N 28 010' 40" E 49.75' to the point of beginning containing 3.059 acres more or less. Faires P. Wade, attorney, representing the applicant, stated that they cannot get residential loans within 2001 of the gas station nearby. He stated further that they would plant hedge to shield the property from the residences, and that business is the only practical use for the property. No one appeared to oppose the application. Motion by Culli, seconded by Roberts and passed that the hearing be closed and the application be taken under advisement. The next application was that of Mrs. Dahlia MgCord Carnenter and Simon and EdXard Grossman for a change of zoning from "IL-1" One -Family Dwelling District to "B-1" Neighborhood Business District on the following described property: Being 5.21 acres out of Tracts I and II,...Paisley's Subdivision of the Hoffman Tract being the southwest 240 feet of the north 7 acres out of Tract I, Paisleys Subdivision of the Hoffman Tract O • fronting 500 feet along the east side of South Staples Street and extending to a depth of 240 feet, generally that property fronting 740 feet (plus or minus) along the east side of South Staples Street and extending to a depth of 240 feet (plus or minus) north of and adjacent to the Gulf Coast Broadcasting Co. tract. Tom Pogue, attorney representing Mrs. Carpenter, and Oscar Spitz, attorney representing the Grossmans, appeared and presented the case for the applicants, on the basis that the owners were not speculating on the possibilities of the use of the land and that one of the owners is a long-time and successful business man and doesn't feel he is taking any financial risk. Mr. Pogue said his client is willing to covenant that if the land is not developed as proposed within three years, the property may revert to '"R-1" zoning. Commissioner Culli felt "he would like to see a plat with a definite plan of development. Mr. Grossman stated that he has six people who are ready to lease within a week. David Mendelwitz, representing the Brasl.au's, was in favor of the proposed change, and stated that there is a need and that his client favors it. No one appeared to oppose the application. Motion by Roberts, seconded by Culli and passed that the hearing be closed and the application be taken under advisement. The next application was that of lass Eleanor Kelly, L. H. Gross, Jack W. Crook, Mrs. J. E. Jones ander'. E. Jones for a change of zoning from "B-2" Two -Family Dwelling District to 193-1" Neighborhood Business District on Lots 1, 2, 3, 4, 5, and 6, Block 9, Bayview Addition No. 2, being located on the west side of.Brownlee Boulevard extending from Craig Street south. Lev Hunt and L. H. Gross felt that necessity or need is not the only consideration in zoning, that it is also a matter of the influence of surrounding business and the inability to rent for residences should also be considered. No one appeared in opposition to the application. Motion by Maldonado, seconded by Culli and passed that the hearing be closed and the applica- tion be taken under advisement. There being no further business to come before the Council, the special meeting was adjourned City Secretary PRESNT: Mayor Farrell D. Smith Co,issioners: W. J. Roberts Minor Culli B. E. Bigler Manuel P. Maldonado MAYOR THE CITY OF CORPUS CIMISTI, TEXAS 1 "'GULAR COUNCIL M22TING July 25, 1956 2:00 p.m. City Manager Russell E. McClure City Attorney I. M. Singer City Secretary T. Ray Kring Mayor Farrell D. Smith called the meeting to order. The Invocation was given by Reverend C. A. Bevil, of the Morgan Avenue Baptist Church. City Secretary Kring called the roll of those in attendance. Motion by Roberts, seconded by Bigler and passed that the minutes of the Regular Meeting of July 18, 1956, be approved. next on the agenda. Mayor Smith announced that the opening of bids on Tower Alterations at Cliff Maus Airport was Bids were opened and read from the following: Slovak Brothers C. C. Hinchberger Motion by Culli, seconded by Maldonado and passed that the bids be tabled for 43 hours as required by the City Charter, and referred to the City Manager for tabulation. 69 Mayor Smith next invited anyone in the audience with petitions or information for the Council on matters not scheduled on the agenda to come forward. No one appeared. Mayor Smith announced that the Council would next hear the City Manager's Reports. Motion by Roberts, seconded by Bigler and passed that the plans & specifications for the construction of the Everhart Storm Sewer, laterals to the Gollihar System, a part of Project 3-25, 27, be approved and that the City Manager be authorized to advertise for bids to be received August 15, 1956. Motion by Culli, seconded by Bigler and passed that Plan #5, as proposed by the Public Works Department for the improvement of Louisiana Street, which is to completely rebuild the street except that portion of North Louisiana from Santa Fe to Alameda, which is to be resurfaced with one and one-half inches of hot mix asphaltic concrete, the latter to be an alternate, be approved. Motion by Culli, seconded by Maldonado and passed that the City Manager be authorized to advertise for bids for a quantity of Sewer Pipe, to be used in the relocation of the sewer lines under the High Level Bridge interchange. Motion by Roberts, seconded by Bigler and passed that payment of Estimate #18 to the H. B. Zachry Co. for expansion of the Oso Sewage Treatment Plant, be deferred pending the clearance of several unpaid items. Motion by Bigler, seconded by Roberts and passed that the award for one Asphalt Distributor, for use in the Street Division, be made to the low bidder, Roy laossner Company for $5,095.53, and that a transfer of $1,713 from the Street Fund emergency reserve to cover the unallocated balance, be approved. (See Bid Tabulation 1109 in File). agenda. Mayor Smith announced the Public Hearing on the Adoption of the Budget as being next on the Mayor Smith reviewed the proposed Budget for 1956-57 and explained the Tax Rate breakdown, and the fiscal accomplishments during the current administration. He pointed out that it was the Councils hope to provide Social Security for the City employees who do not already have retirement benefits, but that the budget would have to be closely watched and lived up to during the first and second quarter of the year if Social Security is provided, which is equivalent to a 2% raise in salaries. He further stated that there is a chance of making the plan retroactive to August 1, 1956. ORDINANCE NO. 4590 APPROPRIATING FROM NO. 250 SANITARY S34E'R SYSTEM BOND FUND THE SUM OF $16, 000.00 TO REIMBURSE NO. 109 S,r' vJER FUNM FOR THE COST OF A PRELIMI- NARY ENGINEERING REPORT RELATING TO A S-JAGE COLIECTINI AND DISPOSAL PLANT TO SERVE THE '1ST AREA OF THE CITY, SAID REPORT BEING FURNISHED BY REAGAN AND MCCAUGHAN AND SIGLER, CLARK AND WINSTON, COIISULTING ENGINELRS, IN ACCORDANCE WITH A CONTRACT AUTHORIZED BY ORDINANCE NO'. 4342, DATED SEPTEMBER 21, 1955;; AND DECLARING AN EMS, RGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye ORDINANCE NO. 4591 ESTABLISHING AND CRE1ATING THE OFFICE OF ADMINISTRATIVE MANAGEMENT OF THE MUNICIPAL GOVERNMENT OF THE CITY OF CORPUS CHRISTI; DEFINING THE DUTIES AND FUNCTIONS OF THE OFFICE; AND DECLARING AN EMERGENCY. 70 The Charter Rule was suspended by the following vote: Farrell D. Smith. Aye Minor Culli Aye W. J. Roberts Aye B. E. -Bigler Aye Manuel P. Maldonado Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye ORDINANCE NO. 4592 APPROPRIATING THE SUM OF $84,380.77 FROM TIE 200 GAS SYSTEM BOND IWROVEMENT. FUND TO REIMBURSE NO. 141 WATER FUND FOR WAREHOUSE STOCK ITEMS TO BE USED ON GAS PERMANENT IMPROVENENT PROJECTS NO. 9-18 REHABILITATION OF GAS MAINS - 18TH STREET AREA IN THE AMOUNT OF $45,702.28 AND NO. 9-24 REHABILITATION OF GAS MAINS - WIMORIAL HOSPITAL AREA IN THE AMOUNT OF $38,678.49; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye ORDINANCE No. 4593 RECEIVING AND ACCEPTING TIE: WORK OF CONSTRUCTION OF PROCTOR-BRAWNER STORM SE4ER, UNIT IV, PROJECT 3-12, 14, PERFORMED BY SLOVAK BROTHERS, INC., UNDER THEIR CONTRACT WITH THE CITY DATED SEPTEMBER 21, 1955, AS AUTHORIZED BY ORDINANCE NO. 4334; AUTHORIZING PAYMENT OF FINAL ESTIMATE, A COPY OF trHICH IS ATTACHED HERETO AND MADE A PART HEREOF, DATED JUNE 30, 1956, IN THE AMOUNT OF $34,141.60, TO BE PAID FROM CONSTRUCTION AND CONTINGENCY FUNDS PREVIOUSLY APPROPRIATED IN THE RESPECTIVE AMOUNTS OF $30,196.10 AND $2,063.23 AND OUT OF THIS APPROPRIATION; APPROPRIATING $1,882.27 FROM NO. 295 STORM SE54ER BOND. IMPROVEMENT FUND; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye ORDINANCE N0. 4594 ADOPTING A BUDGET FOR THE ENSUING FISCAL YEAR BEGINNING AUGUST 1, 1956 AND ENDING JULY 31, 1957, IN ACCORDANCE WITH THE CITY CHARTER AS AMENDED FOR THE CITY OF CORPUS CHRISTI, TEXAS; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye ORDINANCE NO. 4595 APPROPRIATING CERTAIN SUMS OF MONEY FOR THE BUDGET FOR TIM FISCAL YEAR BEGINNING AUGUST 1, 1956, AND ENDING JULY 31, 1957; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye ORDINANCE NO. 4596 PRESCRIBING TIM TAXES TO BE LEVIDD, ASSESSED AND COLIECTED BY TIE CITY OF CORPUS CHRISTI, TEXAS, FOR THE YEAR 1956 AND FOR EACH SUCCEEDING YEAR THEREAFTER UNTIL OTHER?n1ISE PROVIDED AND ORDAINED; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye There being no further business to come before the Council the meeting was adjourned. J City Secretary REGULAR COUNCIL MKETING August 1, 1956 2:00 p.m. PRESENT: MAYOR THE CITY OF CORPUS CHRISTI, TEXAS 1%yor Farrell D. Smith Cowu.ssioners: W. J. Roberts City P,anager Russell E. McClure Minor Culli City Attorney I. M. Singer B. E. Bigler City Secretary T. Ray Kring Manuel P. Maldonado Mayor Farrell D. Smith called the meeting to order. The Invocation was given by Reverend Ii. D. Christian, of Gardendale Baptist Church. 1,btion by Roberts, seconded by Bigler and passed that the Minutes of the Regular Meeting of r July 25th and the Special Meeting of July 24th be approved. Mayor Smith announced the opening of bids. Bids were opened and read on equipment rental from the following: T. H. lee Slovak Brothers Motion by Culli, seconded by Maldonado and passed that the bids on equipment rental be tabled for 48 hours as required by the City Charter, and referred to the City Manager for tabulation. Mayor Smith announced the next item was a public hearing on the application of F. B. Cochran, et al, for a Special Council Permit to construct a neighborhood swimming pool on Lots 2 and 3 of a replat of part of Block 221, Port Aransas Cliffs Subdivision and being generally that property fronting 140 feet along the east 72 side of Santa Fe between the intersections of Williamson and Dolphin Streets. The recommendation of the Zoning and Planning Commission approving the application was read, subject to the plans and specifications and conditions drawn by the applicants, and supplementary conditions impo- sed by the Commission, as outlined in the report. Owen D. Cox, attorney for the applicants, presented the case for his clients. A letter from Bishop Garriga, whose residence is nearby, in which he stated that he neither opposed nor favored the application, but felt it was a matter for consideration of residents living closer to the locationJwas read. Ir. J. W. Cooter, an adjacent property owner and resident, stated that the reason there was not more opposition to the application was because the applicants had agreed to have certain deed restrictions re- corded and placed on the property before the granting of a Special Council Permit with reference to use of the pro- perty and operation of the premises which would give the surrounding residents recourse to law in case of future violation of the restrictions. I. Joe Alsun, attorney for Dr. J. R. Thomas, was definitely opposed to the application on the grounds that it was equivalent to spot zoning and a definite nuisance to the normal enjoyment of a residential neighborhood. He further contended that it would create a traffic situation that was '"out of this world" and that there could not be enough parking facilities for a club of the size contemplated. application. Mr. Wesley Hammond, whose property adjoins Dr. Thomas' on the South, also was opposed to the Commissioner Culli questioned the adequacy of the parking area as shown in the plans. Motion by Bigler, seconded by Roberts and passed that the hearing be closed, and the applica- tion be taken under advisement. Mayor Smith announced the next item was a public hearing on the proposed Urban Renewal Program, and read excerpts of regulations on the matter requiring that any public official in any way connected with the Urban Renewal Program owning property in the area involved, or likely to acquire ownership of property in the area involved, declare his connection and requiring that he disqualify himself until his situation can be reviewed and passed on by the governmental agency. Mayor Smith stated that besides owning some property himself in the area involved, his father and mother also owned several houses and a building in -the area which through inheritance he might acquire before the Program was completed, he was now declaring and was disqualifying himself from the public hearing and turning the meeting over to Mr. Roberts, the Mayor Pro -tem, and that he wished the record to reflect this statement of interest so that the proper agency can inform the federal government of such matter under Section 503 of the law involved. Mayor Pro -tem Roberts announced the opening of the public hearing of which proper prior notice has been given the public through publication. Mr. W. W. Anderson, Director of Planning and Zoning, explained the meaning and purposes of Urban Renewal, and showed charts reflecting population density, substandard buildings, communicable diseases, crime and juvenile delinquency percentages, and other prevalent social problems in the designated Urban Renewal area which) II indicated the need for such Urban Renewal development in Corpus Christi. He explained the procedure and tentative proposal for the undertaking of*such a program in conformity'with State and local Yaw with* the aid'of a federal fi- nancial grant, pointed out the design and incentives for private capital to'participate and pursue the project to'a successful conclusion. He further explained the extent and progress of the program for Corpus Christi, which in- cluded the acquiring of .private property on.a voluntary and involuntary basis,_the rehabilitation or removal of existing structures, the installation of public improvements, the relocating of persons displaced by the actual development of the area and the appointment'and setting up of an Office of Administrative 21anagement in the contin- ued planning and development of the test area previously recommended by the Area Development Committee for which a federal grant of $33,100 to continue to plan the program is available in finally developing the tentative plan for- mulated to date for submission to the federal government for approval. �3 Leland Ross, Hgrgld Carr, Farrell D. Smith and Charles Hale," among other citizens of the City of Corpus Christi who were present, spoke in favor of the program, added further details of the City's participation in the program and benefits to be obtained for both the taxpaying citizens at large and for the persons and families actually residing in the present designated redevelopment area, and further commented on the difference between Public Housing and private enterprise in undertaking the proposed program for Urban Renewal in the City, and the right to acquire property in this connection. No one present voiced any opposition to the proposed Urban Renewal undertaking by the City. Motion by Bigler,, seconded by Culli and passed that the hearing on Urban Renewal be closed. Mayor Fro -tem Roberts, turned the chair back to Mayor Smith. Mayor Smith asked if there was anyone in the audience with petitions or information for the Council on matters not scheduled on the agenda. As. Sam Gold, professional photographer, requested a change in the zoning classifications so as to permit a business such as his which deals in professional services, not in sales of supplies, to locate and operate in the same zoning classification as a doctor, dentist, C.P.A. or lawyer or other professional man dealing in services. He stated that he is particularly interested in property which is for sale in the 1200 block of Santa Fe, located between a doctor's clinic and an X-ray clinic, directly across the street from a professional building. Mr. Gold was advised to file his application with Zoning and Planning and it would come before the Council in the usual manner for action by the Council. Mrs. R. 0. Thomas, 325 W- Saket, appeared with Mrs. Ernest M. Brides, 1637 Brentwood and Mrs. G. N. Bradley, 322 W. Saxet, and asked when the Council was going to be able to study the dog leash ordinance that had been drawn up by Mr. Singer and Dr. Metzger, and when they would come to a decision on it. Mayor Smith explained that due to the tremendous interest shown by the citizens, and the volume of mail both pro and con, the Council was unable to fairly evaluate the desire of the citizens as a whole, and that for this reason felt it was best to submit it to a vote of the people. Tie explained that there is going to be a bond election, probably in September, in connection with airconditioning for the Coliseum and Exposition Hall, the airport enlargement and a few other items, and that this question of the dog leash law could be included at no extra cost to the citizens. Mrs. Brides stated that this was most satisfactory to them, and that they appreciated the time and consideration the Council had given to the matter. Mrs. Brides also requested that'the Council.give consideration to meeting at least once a month during the evening, as she felt there were many citizens, both men and women, who would attend Council meetings and take an active interest in their City government, but are unable to attend daytime meetings. It was explained to Mrs. Brides that the matter had been discussed and considered by the Council, and it was felt that all things considered, the daytime meetings were best because of the immediate availability of all City personnel if and when needed during a Council meeting. Mr. Bob Flato appeared and stated he wished to publicly commend the:Council.for their work in keeping the City's expenditures in line with the taxes levied, because he felt that the recent publicity on the Tax Equalization Board's decisions had, in the minds of the public generally, takrin away the rightful credit from the governmental body themselves. Ibyor Smith announced the Council would next consider the City Manager's Reports. City Manager McClure presented a recommendation of the Traffic Safety Advisory Board in regard to'regulations to control angle parking in newly constructed areas, and also a recommendation of the Traffic Safety Advisory Board in regard to the speed limit on Ocean Drive, i. e., 45 miles per hour north -bound on Alameda Junction at the south of Ocean Drive to the curve at Alta Vista Plaza; 40 miles per hour from Alta Plaza (Donigan Curve) to Louisiana Street; 35 miles per hour from Louisiana Street to the north end of East Shoreline Boulevard; and South- bound traffic from the north end of West Shoreline Boulevard to Louisiana Street to be 30 miles per hour; 40 miles per hour from Louisiana to Alta Plaza (Donigan Curve); and 45 miles per hour from Alta Plaza (Donigan Curve) to the Alameda Junction at Ocean Drive. 74 Notion by Bigler, seconded by Culli and passed that the preliminary reports from Blum and Guerro, and C. P. Boner a R. N. Lane, regarding airconditioning and acoustical treatment of Coliseum and Exposition Hall be accepted, that pa ment for these preliminary engineering services be authorized in the amount of $1500.00, and that the necessary in- formation be prepared to submit a'proposal to. the voters for bonds to finance the project. Harold Carr, Ernest Horne, Bob Flato, J. A. Baker and H. E.'Richardson, the latter two as mem- bers of the Traffic Safety Advisory Board, joined in the discussion. Motion by Bigler, seconded by Roberts and passed that the recommendation of the Traffic Safety Advisory Board with reference to angle parking be approved, and is to apply to new construction only, with right of appeal to the Board of Adjustment for relief in unusual or hardship cases. The recommendation with reference to speed limit on Ocean Drive was discussed at some length. Motion by Culli, seconded by Maldonado and passed that the recommendation be approved, and the traffic ordinance be amended accordingly. Motion by Culli, seconded by Bigler and passed that a renewal lease for airline catering service on the basis of 50 of gross monthly revenue, and one-half the cost of electrical service, or $55.00 minimum, which- ever is the greater, be authorized. Consideration of a request re amending the electrical ordinance was deferred. Motion by Culli, seconded by Roberts and passed that in connection with a petition received re- questing the opening of Flood Street to Baldwin Boulevard, that the petitioners be advised that the granting of the request will require the dedication of the right-of-way involved, and an agreement that the abutting property owners will pay for the curb and gutters. ;lotion by Bigler, seconded by Roberts and passed that the City Manager be authorized to adver- t tise for bids to be received August 15th on a 12 -months' supply of Water Treating Chemicals consisting of aluminum sulphate, lime and ferrous sulphate. Motion by Culli, seconded by Bigler and passed that the City Manager be authorized to advertise for bids to be received August 15th on Street Construction Materials consisting of asphalt, hot -mix and cold -mix, shell and caliche. ORDINANCE NO. 4597 RECEIVING AND ACCEPTING THE WORK OF CONSTRUCTION OF KOSTORYZ STORM SEWER LATERALS, PROJECT 3-13, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, PERFORMED BY T. H. LE✓, CONTRACTOR, UNDER HIS C014TRACT WITH THE CITY DATED MAY 10, 1956, AS AUTHORIZED BY ORDINANCE 110. 4511; AUTHORIZING PAYMENT OF FINAL ESTIMATE, A COPY OF 14IICH IS ATTACHED FERETO AND MADE A PART HERE- OF, DATED JULY 31, 1956, IN TIS AMOUNT OF $7,574.87 TO BE PAID OUT OF FUNDS HERETOFORE APPROPRIATED; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye ORDINANCE NO. 4S98 RECEIVING AND ACCEPTING THE WORK OF CONSTRUCTION OF WINDSOR PARK STORM SEWER, PROJECT 3-9, PERFORM BY BMI 'ETT CONSTRUCTION COMPANY, UNDER THEIR C014TRACT WITH THE CITY DATF,D DECEMBER 30, 1955, AS AUTHORIZED BY ORDINANCE N0. 4432; AUTHORIZING PAYMENT OF FINAL ESTIMATE, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, DATED JULY 27, 1956, IN THE AMOUNT OF $13,327.44 TO BE PAID OUT OF FUNDS PREVIOUSLY APPROPRIATED FOR CONSTRUCTION AND CONTINGEN- CIES; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye r5 The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye ORDINANCE NO. 4599 AMENDING AN ORDINANCE ENTITLED "AN ORDINANCE REGULATING PLUTICING AND GAS FITTING CONSTRUCTION, REPAIR AND MAINTENANCE WITHIN THE CORPORATE LIMITS OF THE CITY OF CORPUS CHRISTI, TEXAS, SAFEGUARDING THE HEALTH OF PERSONS, TITS SAFETY OF PROPERTY AND PROMOTING THE WELFARE OF THE PUBLIC; CREATING THE SUPERVISORY BOARD OF PLUM3ERS, DESIGNATING THE ME14BERS THEREOF, AND PRESCRIBING THEIR POWERS, DUTIES AND TERMS OF OFFICE; ESTABLISHING THE OFFICE OF CHIEF PLUI1IBING INSPECTOR AND PRESCRIBING THE Pt%dERS ATrD DUTIES THEREOF; PROVIDING THE REQUIRING OF A MASTER PLUMBER'S BOND; PROVIDING THE REQUIRING OF PERMITS FOR CERTAIN KINDS OF PLUMBING, DRAINAM, AND GAS FITTING AND TILS; INSPECTION OF SUCH PLUMBING, DRAINAGE AIM GAS FIT- TING WORK AIM TIB SCALE OF FEES FOR SUCH INSPECTIONS; COlC'ELLING ALL BUILDINGS 'UNDER CERTAIN CONDITIONS TO BE CONNECTED WITH THE PUBLIC SANITARY SEWERS AND PROVIDING THE MANNER AND WAY IN WHICH PLUMB-UTa AND GAS FITTING WORK SHALL BE DONE AND THE KIND AND CLASS OF MATERIALS TO BE USED IN SUCH WORK; PROVIDING PENALTIES FOR THE VIOLATION OF THIS ORDI- NANCE AND THE REPEALING OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; PROVIDING FOR THE PUBLICATION OF THIS ORDINANCE; AND DECLARING AN EMER- GENCY", AND BEING ORDINANCE NO. 2573, PASSED AND APPROVED ON THE 4TH DAY OF MAY; 1948, AS AMENDED, BY AMENDING SECTION 603 SO AS TO PROVIDE A PRO-. CEDURE FOR INSTAISATIONS WHERE NO BUILDING OR OCCUPANCE IS INVOLVED; BY AMENDING SECTION 611 SO AS TO PERMIT JUSTIFIABLE TAPS OIJ PROPERTIES IN CASES WHERE NO BUILDINGS ARE INVOLVED; BY AMENDING SECTION 903 SO AS TO PROHIBIT DIRECT CONNECTION OF A PUM' WITH THE CITY WATER SUPPLY; CONTAIN- ING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION; AND DECLARING AN EMEiRGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye Minor Culli Aye V. 'J. Roberts Aye B. E. Bigler Aye' Manuel P. Maldonado Aye ORDINANCE 110. 4600 AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON BEHAIF OF THE CITY OF CORPUS CHRISTI TO EXECUTE A CONTRACT TWITH J. 0. (BUDDY) HARRIS, GRANTING TIE, RIGHTS OF CONCESSION AT TIB EXPOSITION HALL AND MEMORIAL COLISEUM ON SHORE- LINE BOULEVARD, TO TIM SAID J. 0. (BUDDY) HARRIS, SAID CONCESSION RIGHTS BE- GINNEIG AUGUST 1, 1956 AND ENDING JULY 31, 1958, SUBJECT TO THE COVENANTS AND CONDITIONS PROVIDED IN SAID CONTRACT, A COPY OF WHICH IS ATTACIED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye ?.nor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye ORDINANCE NO. 4601 AUTHORIZING AND DIRECTING THE CITY MANAMR FOR AND ON BEHAIF OF THE CITY OF CORPUS CHRISTI TO EXECUTE A CONTRACT WITH GEORGE DILLON,-vMREBY THE SAID GEORGE DILLON AGREES TO I1%FROVE AND DEDICATE TO THE PUBLIC A PROPOSED STREET LYING BE74EEN PORT AVENUE ON THE EAST, ROSALIE BOULEVARD ON TIM NORTH, VESTAL STREET ON THE WEST, AND GOLLIHAR ROAD ON THE SOUTH, THE TERI-IS AND CONDITIONS OF SAID CONTRACT BEING FULLY SET OUT IN A COPY ATTACIED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye 76 The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye ORDINANCE NO. 4602 AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON BEHALF OF TIM CITY OF CORPUS CHRISTI TO EXECUTE AN EXCHANGE DEED BE,7WEEN THE CITY AND MAMIE E. RIDENH(74ER, JOINED BY HER HUSBAND OLIN RIDENHM1ER, AND HARRY E. COLE AND RICHARD W. COIF, CONCERNING LOTS 9, 10, 11 AND 12, AND FRACTIONAL LATS 1, 2, 3, AND 4, IN BLACK 72 OF THC BEACH PORTION OF THE CITY OF COR- PUS CHRISTI, NUECES COUNTY, TEXAS, A COPY OF WHICH DEED IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye ORDINANCE NO. 4603 FIXING THE SALARY OF THE JUDGE OF THE CORPORATION COURT AT $625.00 PER MONTH AND PROVIDING THAT THE JUDGE OF THE CORPORATION COURT SHALL BE ENTITLED TO ALL THE SICK LEAVE BENEFITS AIM VACATION TIME PROVISIONS OF ALL OTHER EMPLOY-: EES AS PROVIDED BY ORDINANCE NO. 3656; CONTAINING A REPEALING CLAUSE; AND DE- CLARING AN EMERGENCY, The Charter Rule was suspended by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye ORDINANCE NO. 4604 A11EIMING AN ORDINANCE ENTITLED "AN ORDINANCE ADOPTING AND PROVIDING FOR THE ADMINISTRATION OF THE COMPENSATION PLAN FOR ALL POSITIONS IN THE CITY SERVICE; REPEALING ALL ORDINANCES IN CONFLICT IK01ITH; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE", AND BEING ORDINANCE NO. 3656 PASSED AIM APPROVED BY TILE CITY COUNCIL ON THE 10TH DAY OF FEBRUARY, 1954, AS Al NDED BY AiU,NDING SUBSECTION (e) BY ADDING TO THE ADMINISTRATIVE AND EXECUTIVE GROUP THE FOLWdING POSITION: URBAN RENEryTAL ADMINISTRATOR (URBAN REN171AL DIVISION) AT GRADE 32; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR AN EFFECTIVE DATE,; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye FIRST READING OF AN ORDINANCE GRANTING TO THE TEXAS MEXICAN RA=AY COMPANY A FRANCHISE TO CONSTRUCT, MAINTAIN, AND OPERATE A RAILROAD SIDETRACK UPON AID ACROSS A PORTION OF HIGIIVAY 44 AT APPROXIMATELY 1600 FELT 'LST OF TIM INTER- SECTION OF HIGHWAY 44, AND BALD'��TIN BOULEVARD IN THE CITY OF CORPUS CHRISTI, TEXAS. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: 77 Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye There being no further business to come before the Council, the meeting was adjourned. PRESENT: Mayor Farrell D. Smith Commissioners: W. J. Roberts Minor Culli B. E. Bigler Manuel P. Maldonado REGULAR COUNCIL MEETING August 8, 1956 2:00. p.m. City Manager Russell E. McClure City Attorney I. M. Singer City Secretary T. Ray Kring Mayor Farrell D. Smith called the meeting to order. The Invocation was given by Reverend W. Sager, of the American Lutheran Mission. City Secretary Kring called the roll of those in attendance. Approval of the Minutes of the Regular Meeting of August 1, 1956, was deferred. Mayor Smith announced the opening of bids. Bids were opened and read on the Resurfacing of 8 Miles of Streets from the following: Heldenfels Bros. Brown & Root, Inc. J. M. Dellinger, Inc. Motion by Culli, seconded by Maldonado and passed that the bids on the resurfacing of 8 miles of streets be tabled for 48 hours as required by the City Charter, and referred to the City Manager for tabulation. following: No bids were submitted for the Lease of Some 35 Acres of Farm Land at the 0. N. Stevens Plant: Bids were opened and read on the Surplus Equipment from the Utilities Departments from the Bradley's Motor & Armature Works Phoenix Supply Company Motion by Culli, seconded by Bigler and passed that the bids on surplus equipment from the Utilities Departments be tabled for 48 hours as required by the City Charter, and referred to the City Manager for tabulation. Mayor Smith announced that the next item on the agenda was the Public Hearing re changing the name of Holly Street. Mr. L. A. Sacl-v appeared on behalf of the residents of Holly Street and to support their peti- tion to change the name from Holly Street to Sacky Drive. Mr. Sacky stated that Holly Street is often confused with Holly Road, making mail service difficult. He further stated that 99% of the residents were in favor of the change. City Yanager Russell E. McClure stated that the Zoning & Planning Commission feels that the change of name would correct the situation. Mayor Smith asked if there was anyone else in the audience who would like to speak on the mat- ter of changing the name of Holly Street to Sacky Drive. No one appeared. Motion by Culli, seconded by Roberts and passed that the hearing be closed and the matter be taken under advisement. Mayor Smith invited anyone in the audience with petitions or information for the Council on matters not scheduled on the agenda to come forward. Mrs: Robert Rocers, a new resident of Corpus Christi, appeared in opposition to the three speed zones on Ocean Drive stating that her family had recently purchased some property in the 3300 block of Ocean Drive and that they felt it was unnecessary to have more than a 35 mile per hour speed limit, that the varying r8 speeds were unsafe, plus the fact that they were confusing to newcomers. Mrs. Tom B. Reed, Mrs. Rogers Mother, expressed the same attitude as that of her daughter. Mss. Vin-iaa Ridcrgay, 3623 Ocean Drive, stated that she could not get out of her driveway on to Ocean Drive without the fear of getting hit and that the speed limit should be limited to 35 miles per hour. Tom Pogue, attorney, appeared and presented a petition, signed by 4 or 5 hundred residents in and around Windsor Park and Mount Vernon Addition, to pave certain unpaved portions of McArdle Road, particularly a strip along the location where a Lutheran Church is to be constructed. Reverend Sager, representing the church to be constructed, stated that there was about eight hundred feet of dirt road and that in rainy weather it was almost impossible to travel over it without getting bogged down. He further stated that the City had paved McArdle down to the City dump and had left this stretch of 800 feet, that most of the residents in that area were detouring to Lexington, thereby creating another problem. Mayor Smith asked Reverend Sager if he was familiar with the program now being utilized by the City on projects of this nature, and explained to him that the City will pave the street if the residents in the area will pay for the curbing. pie suggested to Reverend Sager that this would be the better program in so far as cost and speed in getting the job done was concerned. Mr. Pogue emphasized the importance of the situation and requested that something be done soon to get these people out of the mud. Reverend Sager, stated that up until recently there had been a water pipe protruding from the middle of this unpaved portion of McArdle, again creating an unsafe condition. Motion by Bigler, seconded by Roberts and passed that the matter be referred to the City Mana for appropriate action, and that Mr. Pogue be advised of the results. Mayor Smith announced that the Council would next hear the City Manager's Reports. Motion by Culli, seconded by Maldonado and passed that the Error & Correction List and Supple- mental Tax Roll for the month of July be approved. Motion by Bigler, seconded by Roberts and passed that monthly estimate X13 be paid to H. B. Zachry Company in the amount of $23,292.03, covering work done on the Oso Sewage Treatment Plant, Unit A. Motion by Maldonado, seconded by Roberts and passod that the City 14ianager be authorized to advertise for bids to be received August 22, 1956, for a three months supply of fuel. Pro -tem Roberts. At this point the Mayor excused himself for a short period and turned the chair over to Mayor Motion by Culli, seconded by Maldonado and passed that the City Manager be authorized to adver- tise for bids to be recieved on August 29, 1956, -on a quantity of Copper Tubing for Warehouse Stock (approximately 3 months supply). Motion by Culli, seconded by Maldonado and passed that the City Manager be authorized to adver- tise for bids to be received August 29, 1956, on Self -Contained Breathing Apparatus for the Fire Department. Motion by Bigler, seconded by Maldonado and passed that Dr. W. R. Metzger be appointed Director of the City -County Health Unit, and that he be granted educational leave from September 15, 1956, to June 151 19571 to attend Yale University for the purpose of qualifying for a graduate degree in Public Health. Motion by Maldonado, seconded by Bigler and passed that Police Chief R. T. Runyan be granted a leave of absence with regular pay and to be reimbursed for travel and living expenses incurred during the training period while attending the FBI National Academy at -Washington, D. C,, beginning August 27, 1956, and running twelve weeks. Motion by Culli, seconded by Bigler and passed that the meeting be recessed for about ten minute . Mayor Smith returned and the meeting was reconvened. Motion by Culli, seconded by Bigler that the request of F. B. Cochran, et al, for a Special Council Permit to construct a neighborhood swimming pool on Lots 2 and 3 of a replat of Block 221, Port Aransas Cliffs Addition, be denied. 79 Mayor Smith stated that he felt the neighborhood was in need of a swimming pool and favored waiting to see if the objections could be reconciled. Commissioner Culli stated that while he was not objecting to the swimming pool as such but to allow a pool to be constructed in this residential area the area would be open to business zoning and finally would result in a business area in primarily a residential area. Commissioners Culli, Roberts and Bigler voted that the motion be passed; Commissioner Maldonado voting "nay", the motion passed. Motion by Culli, seconded by Bigler and passed that the City Manager be authorized to negotiate for the lease of the 0. N. Stevens Water Plant Farm land Property and report on the negotiations. Motion by Culli, seconded by Bigler and passed that the study and report on the Westside Sewage System from Reagan and McCaughan of February, 1956, and supplemental reports of June 27,:and July 6, 1956, be re- ceived, and the payment of 75a of the $16,000 fee or $12,000 at this time be authorized, pending the providing of additional information needed by the Council. Dr. Hector P. Garcia appeared representing the residents of Molina Subdivision. He stated that the people living in Molina had formed a savings plan consisting of about fifty families, and that he was Trustee. This fund was to be used in connecting Molina to the sewage system; however, he stated that the people in this area are beginning to grow leary and have lost their hopes and that some seven or eight of them have withdrawn their savings. Dr. Garcia stated that when the City annexed 1,1olina'..to the City they were to have sewer lines, parks and a fire station provided - as yet it has not been done and the people are wondering why. He further stated that he needed official answers to give the people of his trust fund before they all lose faith. New developers have come in and they are connected up, yet Molina, the first to build up, has not received sewage service yet. Mayor Smith informed Dr. Garcia that plans for a sewage system are now in process and that the City would be ready to call for bids in five to seven months. Dr. Garcia also asked about improvements for the Laguna Acres Park and construction of a fire II station for that area. riayor Smith said that Laguna Acres Park would be included along with the rest of the parks awaiting improvements. He further stated that the construction of the fire station was being held up until the expansion of Cliff Maus Airport is definite. ORDINANCE N0. 46o5 GRANTING TO MISSION RENT -A -CAR, INC., A FRANCHISE TO ENGAGE -IN THE BUSIlVEESS OF OPERATING A "DRIVERLESS AUT0I40BI1E" BUSINESS FOR THE OPERATION OF "DRIVER- LESS AUTOMOBIIZS" Oil AND OVER TIE PUBLIC STREETS WITHIN THE CITY LIMITS OF THE CITY OF CORPUS CHRISTI; PROVIDING, 'n=H CERTAIN EXCLUSIONS, FOR THE PAY - '% ENT OF $100.00 PER MONTH FOR FIVE (5 ) YEAR LEASS OF SPACE AT THE MUNICIPAL AIRPORT, OR FIVE PERCENT (5 �) OF THE GROSS RECEIPTS IT SUCH PERCENTAGE, EXCEEDS $100.00 PER MONTH OR FIVE PERCENT (5.1) OF GROSS RECEIPTS AND FOR THE PAYMENT OF ANY FURTHER CHARGES, RENTAL FEES, OR OTHER FEES WHICH MAY SUBSEQUENTLY BE LEGALLY IMPOSED UPON SUCH BUSINESS; AND SETTING OUT CERTAIN CONDITIONS UNDER WHICH SAID BUSINESS IS TO BE OPERATED AND PROVIDING FOR THE FORFEITURE OF SAID FRANCHISE AND TH2 METHOD OF REINSTATING SAME; PROVIDING FOR A WRITTEN ACCEPTANCE TO BE DELIVERED BY THE GRANTEE TO THE CITY SECRETARY. The foregoing ordinance was read for the third time and passed finally by the foll(z ing vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye SECOND READING OF AN ORDINANCE GRANTING TO THE TEXAS MEXICAN RAII14AY COMPANY A FRANCHISE TO CONSTRUCT, MAINTAIN AND OPERATE A RAILROAD SIDETRACK UPON AND ACROSS A PORTION OF HIGITiAY 44 AT APPROXIMATELY 1600 FEET 14EST OF THE INTER- SECTION OF HIGITZY 44 AND BALD'M BOUIEVARD IN THE CITY OF CORPUS CHRISTI, TEXAS. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Lt" FIRST READING OF AN ORDINANCE Ai•'E, NDING ORDINANCE NO. 224.1, PASSED AND APPROVED BY THE CITY COUNCIL 014 THE 16TH DAY OF MARCH, 1943, AS RECORDED IN VOLUT',E 16, PAGES 197 ET SEQ OF THE ORDINANCE AND RESOLUTION RECORDS OF THE CITY OF CORPUS CHRISTI, TEXAS, ENTITLED "Ail ORDINANCE REGULATING TRAFFIC UPON THE PUBLIC ST�'TS, ALXEi'S, AND OTHER THOROUGHFARES IN THE CITY OF CORPUS CHRISTI, TEXAS, AND FIXING PENALTY FOR VIOLATIONS AND RE- PEALING ALL OTHER ORDINANCES AND SECTIONS OF ORDINANCES IN CONFLICT HERE- WITH", AS AMENDED, BY AMENDING SECTION 50 (a) OF ARTICLE V OF ORDINANCE NO 224.1; BY ESTABLISHING THE SPEED ON OCEAN DRIVE FROM THE CITY LIMITS LINE TO A POINT 4.00 FEET SOUTH OF THE SOUTH CURB LINE OF ROSSITER STREET AT 4.5 MILES PER HOUR; BY ESTABLISHING THE SPEED ON OCEAN DRIVE FROM THE SOUTH CURB LINE OF A POINT 4.00 FEET SOUTH OF THE SOUTH CURB LINE OF ROSSITER STREET TO THE SOUTH CURB LINE OF LOUISIANA STREET AT 4.0 MILES PER HOUR; BY ESTABLISHING THE SPEED ON OCEAN DRIVE FROM THE, SOUTH CURB LINE OF LOUISIANA STREET NORTH TO THE NORTH CURB LINE OF CRAIG AVENUE FOR NORTH BOUND TRAFFIC ONLY AT 35 MILES PER HOUR; BY ESTABLISHING THE SPEED ON SHORELINE BOULEVARD FROM THE NORTH CURB LINE OF CRAIG AVENUE NORTH TO ITS INTERSECTION WITH EAST SHORELINE BOULEVARD AND '0ST SHORE- LINE BOULEVARD FOR NORTH BOUND TRAFFIC ONLY AT 35 MILS PER HOUR; BY ESTABLISHING THE SPEED ON EAST SHORELINE BOULEVARD FROM ITS INTERSECTION TJITH SHOIL LINE BOULEVARD NORTH TO THE NORTH CURB LINE OF CARROLL STREET; BY ESTABLISHING THE =D ON ;TEST SHORELINE BOULEVARD FROM THE NORTH CURB LINE OF CARROLL STREET SOUTH TO ITS INTERSECTION WITH EAST SHORE- LINE BOULEVARD AND SHORELINE BOULEVARD AT 30 MI 3 PER HOUR; BY ESTA,- BLISHING THE SPEED ON SHORELINE BOULEVARD FROM ITS INTERSECTION WITH EAST SHORELINE BOULEWARD AVID 14EST SHORELINE BOUI , ARD SOUTH TO THE NORTH CURB LINE OF CRAIG AVENUE FOR SOUTH BOUND TRAFFIC ONLY AT 30 =, S PER HOUR; BY ESTABLISHING THE SPEED ON OCEAN DRIVE FROM THE NORTH CURB LINE OF CRAIG AVENUE SOUTH TO TIM SOUTH CURB LIPS OF LOUISIANA STREET FOR SOUTH BOUND TRAFFIC ONLY AT 30 MILES PER HOUR; PROVIDING FOR PUBLICA- TION. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Farrell D. Smith Nay Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Mayor Smith stated that he voted "nay" because he did not feel that this ordinance was in the public interest, that he thought we had too many speed limits and there should not be more than two in any direc He further stated that 30 and 35 miles per hour is acceptable for two speeds going north but not 4.0 because it is considered dangerous. Commissioner Culli stated that he voted "aye" because the Traffic Engineers and Traffic Safety Advisory Board have made this study and that he has confidence in their knowing what they are doing and what is in the best interest of the people. ORDINANCE NO. 4.606 AUTHORIZING AND D RE+ CTITG Tier; CITY WA= FOR AND ON Mi lL LF OF THE CITY TO EXECUTE A LEASE CONTRACT WITH J. D. SPARKS COVERING APPROXIMATELY 1,000 SQUARE FEET OF GROUND SPACE AT CLIFF MAUS MUNICIPAL AIRPORT, AS MORE PARTI- CULARLY DESCRIBED HEREIN, FOR AND IN CONSIDERATION OF RENT IN AN AMOUNT EQUAL TO FIVE PERCENT (50) OF THE GROSS RECEIPT INCOME FEECEIVED DURING THE PRECEDING MONTH, BEING PAYABLE NOT LATER THAN THE 5TH DAY OF EACH AND EVERY MONTH; SAID LEASE TO BE FOR A PERIOD OF TWO (2) `.PEARS BEGINNING AUGUST 1, 1956 AND ENDING JULY 31, 1958, IN CONNECTION WITH THE AIRLINE COP1141ISSARY SERVICE CONDUCTED IN THE CUISINE BUIIEING LOCATED ON SAID PREMISES AND CF4NE0 BY SAID J. D. SPARKS, UNDER TIM, TERMS AIM CONDITIONS OF SAID LEASE, A COPY OF WHICH IS ATTACHED 12=0 AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Cecil Burney, attorney, brought up the matter that the Tally Ho Motel had been using a station wagon to deliver customers to and from the airport free of charge and at one time or another had been notified that this was violating the taxicab ordinance of the City. He stated that he could see no reason why this would be un- lawful if there is no charge involved. �f City Attorney Singer informed Mr. Burney that if Tally Ho is running this service for anyone who calls or makes previous arrangements to be picked up and carried to Tally Ho property, it is not violating any ordinance; however, if this service is just for their own benefit and will be furnished to anyone who calls for such service, it does come under the taxicab ordinance and is a violation thereof. Dudley Foy, attorney, appeared in connection with the proposed contract between the City and Parkdale Plaza Company whereby the City agrees to take the necessary action to pave South Staples Street from Hamlin Drive to the south intersection of Gollihar Road. Mayor Smith stated that he did not like the chance the City would be taking to sign a contract and be bound and held liable if the City did not complete the job by February 1, 1957, as the contract reads. Mayor Smith requested that the definite date be removed from the contract and that the City continue in good faith to complete this job as soon as possible. Iti;r. Foy stated that he was certain that his clients would never agree to removing the date completely and that he would have to consult them before going any further in the discussion. Mayor Smith excused Mr. Foy to consult his clients. Lonnie King, of the King Cab Co., appeared and stated that he was again in trouble. Mr. King said he had received a letter from the Taxicab Inspector to the effect that two of his cab permits had expired and before they could be renewed he would have to get Council approval. Mr. King stated that business had been rather slow and he had stopped using several of his cabs, that the permits expired without his realizing it and that he did not intend to let them do so because he figures business will pick up again. Mayor Smith informed Mr. King that the matter would be looked into and he would be notified. Mr. King stated also that a signal light is needed at Chipito Street. N's. Foy returned and stated that his clients would agree to rewording the contract to read that the City would have until March 15, 1957, and also they would agree to the insertion of a safety clause for the City, that if the City did not, by some chance, finish on the date specified, they would not hold the City liable for any damages. After further discussion the matter was tabled for further study. ORDINANCE NO. 4607 APPROPRIATING Ti FOLLOIVING AMOUNTS TO BE PAID TO NO. 102 CURRENT FUND TO R. 13UR`33' SAID FUND FOR ENGINEERING SERVICES ESTIMATED TO BE PROVIDED BY THE EN1I=-, RING -BOND PROJECTS DIVISION IN CONNECTION CTION WITH VARIOUS PROJECTS OF THE PERMAIVI"��,NT IT�FROVEIIMNT PROGRAM DURING THE PERIOD FROM AUGUST 1, 1956, THROUGH NOVEMBER 30, 1956: $3,800 OUT OF NO. 202 CITY OF CORPUS CHRISTI dATERWORKS SYSTEM CONSTRUCTION FUND; , 0 OUT OF N0. 212, FIRE STATION BOND CONSTRUCTION FUND; $26,400 OUT OF NO. 220 ST ,,ET BOTJD I1,1PROVEIM"ENT FUND; $17,100 OUT OF NO. 295, STORM SEER BOND IMPROVEMENT FUND; $5,100 OUT OF NO. 297, SANITARY SE4ER SYSTEM BOND DT71 ROVE'T%ENT FUTJD; PROVIDING THAT SAID 1EI114BURSEMENT SMALL BE CO1•1PUTED AT THE END OF EACH 11WTH ON THE BASIS OF ENGINEERING LABOR COSTS; AND DECLARING ATJ ET-MRC-ENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye ORDINANCE NO. 4603 AUTHORIZING AND DIRECTING TIE CITY MANAGER FOR AND ON 13EILUF OF THE CITY OF CORPUS CHRISTI TO COIF=E, THE ACQUISITION OF THAT CERTAIN TRACT OF LAND DESCRIBED AS IAT 13, BLOCK G, OF TH3 PAISLEY SUBDIVISION OF THE HOFFMAN TRACT, FOR MUNICIPAL PURPOSES, FROM C. W. B. LONG, INDIVIDUALLY AND AS ADMINISTRATOR OF THE ESTATE OF E11MA G. LONG, DECEASED; APPROPRIA- PRIA.TING AND REAPPROPRIATING THE SUM OF $84,000.00 OUT OF NO. 102 CURRENT FUND AND REIMBURSING OUT OF SAID APPROPRIATION THE SUM OF � 0.00 MRETO- FORE ADV;IXED AS EARNEST MOIJEY, TO AIRPORT BOND I�MPROVEME m Nd. 2 5; AND DECLARING Ali EMERGENCY. C802 The Charter Rule was suspended by the following vote: Farrell D. Smith Aye 11inor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye ORDINANCE NO. 4609 MENDING AN ORDINANCE ENTITLED "AN ORDINANCE ADOPTING AIM PROVIDING FOR THE AS14INISTRATION OF THE COMPENSATION PLAN FOR ALL POSITIONS IN THE CITY SERVICE; REPEALING ALL ORDINANCES IN CONFLICT HERIJITH; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE", AIM BEING ORDINANCE NO. 3656 PASSED AND APPROVED BY THE CITY COUNCIL ON THE 10711 DAY OF FEBRUARY, 1954, AS AMENDED, BY Al2NDING SUBSECTION (e) OF SECTION 1, BY CHANGING THE CLASS GRADE OF SENIOR LIBRARY ASSISTANT FROM GRADE 22 TO GRADE 24; PROVIDING A SAVINGS CLAUSE; PRO- VIDING FOR AN EFFECTIVE DATE; AIB DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye The foregoing ordinance was passed by the f ollawing vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye There being no further business to come before the Council, the meeting was adjourned. THE STATE OF TEXAS I. COUNTY OF NUECES I CITY OF CORPUS CHRISTI I NOTICE OF SPECIAL MEETING TO THE MEMBERS OF THE CITY COUNCIL, THE CITY MANAGER, THE CITY SECRETARY AND THE CITY ATTORNEY TO THE CITY OF CORPUS CHRISTI, TEXAS: NOTICE is hereby given that a special meeting of the City Council of the City of Corpus Christi, Texas, will be held in the City of Corpus Christi, Texas, in the Council Chamber of the City Hall, at 2:00 o'clock P. M., on the 14th day of August, 1956, for the purpose of hearing 4 zoning applications previously set for public hearing on this date, and such other matters as may properly come before the Council. DATED this the 14th day of August, 1956. Is/ Farrell D. Smith FARRELL D. SMITH, Mayor City of Corpus Christi, Texas CONSENT TO MEETING We, the undersigned members of the City Council, the City Manager, the City Secretary and the City Attorney of Corpus Christi, Texas, hereby accept service of the foregoing notice, waiving any and all irregula rities in such service and consent and agree that said meeting shall be at the time and place therein named and for the purpose therein stated. LslM nor Culli MINOR CULLI /s/ B. E. Bigler B. E. BIGLER Ls/ Russell E. McClure RUSSELL E. MC CLURE City Manager_ /s/ T. Ray Kring T. Ray Kring City Secretary Isl W. J. Roberts W. J. ROBERTS Is/ M. P. Maldonado MANUEL P. MALDONADO Isl Glenn G. Parker GLENN G. PARKER Asst. City Attorney MR a 83 SPECIAL COUNCIL MEETING August 14, 1956 2:00 p.m. Mayor Farrell D. Smith called the meeting to order. City Secretary Kring called the roll of those in attendance. Mayor Smith announced the first case was the application of George Bayder for a change of zoning from "R-1" One -Family Dwelling District to "B-1" Neighborhood Business District on 1.583 acres of land, more or less, out of Lots ll and 12, Section 13, Flour Bluff and Encinal Farm and Garden Tracts. Ralph Graham, appeared representing the applicant, and stated that due to the shallow depth, the property does not have much utility value. He stated that he had attempted to sell the property to the school and to Nueces County, but was unsuccessful. He further stated that he had at first applied for "A-4" zoning, but that the School Board had objected. No one appeared in opposition to the application. Motion by Culli, seconded by Bigler and passed that the hearing be closed, and subject to of the corner to ease the curve for traffic making right turns and the dedication by the owner of sufficient right- of-way to provide an 80 foot street along Airline Road, that 250 feet be zoned "B-1" and that the balance of the property be zoned "A-4". The next case was the application of J. H. Mayberry for a change of zoning from "R-1" One -Family Dwelling District to "B-3" Secondary Business District on Lots 11 through 14, Block 2, High Terrace Addition, lo- cated on the north side of the 2600 block of Alamo Drive. tion granted. J. H. Mayberry appeared and outlined the proposed use of the property. No one appeared in opposition to the application. Motion by Roberts, seconded by Maldonado and passed that the hearing be closed, and the applica- The next case was the application of Independence Lodge {1337, A. F. & A.' M. for a change of zoning from "A-1" First Apartment House District to "A-2" Second Apartment House on Lot 11, Block 12, Pineda Park, being a 60 -foot lot on the north side of Shely Street opposite the Fig Street intersection. granted. No one appeared in opposition to the application. Motion by Culli, seconded by Bigler and passed that the hearing be closed, and the application be The next case was the application of Ray Hostutler and Others for a change of zoning from 'IR -111 One -Family Dwelling District and "R-2" Two -Family Dwelling District to "B-3" Secondary Business District on Lots 6, 7, 8, 9, 10, 11, 12, 13, and 14, Woodlawn No. 1 Addition, being located on the south side of Up River Road and Leopard Street (Highway 9) beginning with that property at 3701 Up River Road and extending westward to -within approximately 70 feet of Elmore Drive. Ray Hostutler, owner of Lot 9, Dr. & 1,1rs. J. V. Blair, Bruno Morgan, Dr. L. J. Svajda, owner of Lot 13, Block 12, Woodlawn, and P.Zr. & MMrs. Geo. Derry, owner of Lot 8, Block 12, Wood -lawn, appeared in favor of the application, on the basis that it was originally a residential area, but now is on a thoroughfare and in the middle of a business area; that due to size of the lots they cannot be developed residentially; and that it is logically business property proven by the fact that no new homes have been built in the Addition since 1928. Dr. J. V. Blair favored the re -zoning and stated that he had -bought his property in 1927, built a home in 1928, and -that no homes had been built since then. Mrs. Phillips, owner of Lot 14, stated that there was no sale for her property except for busi- ness and that she had purchased the lot 18 years ago. Frank Nelson, representing Mrs. Susie B. Coleman, who has owned Lot 11 and half of Lot 12, Wood - lawn, about 18 years, stated that the property is not suited for other than some type of business, and that there is a need for more business zoning along Highway 9. Dr. L. J. Svajda stated that the area is a poor place to live in, but is a proven business area as he has had several people, such as chain stores, filling stations, doctors and others, interested in locating in the' area. Ray Hostutler stated there is a definite need for business zoning in the West part of the City, and that if properly zoned the area would develop iinnediately with desirable businesses. Bruno Morgan spoke in favor of the application. Mrs. Walter Hicks, 3744 McLeod Drive, opposed the application as a hazard to children attending Oak Park School, and would create a nuisance to an area affecting some 30 to 40 homes. N zoning. of the Council. Gus Heineman., via telephone, representing the Woodlawn Church, vigorously opposed the business L. 0. Ingle, a deacon of the Woodlawn Church, stated that he is willing to abide by the decision Motion by Roberts, seconded by Culli and passed that the hearing be closed, and the application taken under advisement. Motion by Bigler, seconded by Roberts and passed that E. P. Edgeworth, Jr., be appointed as ar- biter for the City to act with the arbiter appointed by the contractor, Burnett Construction Company, at the reques of Burnett Construction Company for arbitration in the matter involving the Broadway Sewage Disposal Plant, and that notice of such appointment be given to Burnett Construction Company by the City Secretary. There being no further business to come before the Council, the special meeting was adjourned. PRESENT: Mayor Farrell D. Smith Commissioners: W. J. Roberts Minor Culli B. E. Bigler Manuel P. Maldonado REGULAR COUNCIL MEETING August 15, 195 2:00 p.m. City Manager Russell E. McClure City Attorney I. M. Singer City Secretary_T. Ray Kring Mayor Farrell D. Smith called the meeting to order. The Invocation was given by Reverend Clifford McCall, of the First Christian Church. City Secretary Kring called the roll of those in attendance. Motion by Bigler, seconded by Maldonado and passed that the minutes of the Regular Meetings of August lst and August 8th, 1956, be approved. Mayor Smith announced the opening of bids. Bids were opened and read on the Everhart Storm Sewer Laterals to the Gollihar Storm Sewer System from the following: Burnett Construction Company Heldenfels Brothers Slovak Brothers Motion by Culli, seconded by Maldonado and passed that the bids be tabled for 48 hours as require by the City Charter, and referred to the City Manager for tabulation. Bids were opened and read on 3210 feet of 10" & 24" clay tile Sewer Pipe from the following: W. S. Dickey Clay Company The Southern Company Motion by Culli, seconded by Roberts and passed that the bids be tabled for 48 hours as required by the City Charter and referred to the City Manager for tabulation. Bids were opened and read on Water Treating Chemicals from the following: American Cyanamid Austin White Lime Co. Barada & Page, Inc. Consolidated Chemical Industries, Inc. General Chemical Division of Allied Chemical & Dye Co. McKesson & Robbins Co. Round Rock White Lime Co. Texas Lime Co. rr%nmriann-TAat>7.rn"A Mnoma nal 0n V. I.J. NV. Whitestone Lime Co. M 0 Motion by Culli, seconded by Roberts and passed that the bids be tabled for 48 hours as required by the City Charter, and referred to the City Manager for tabulation. Bids were opened and read on Street Construction Materials consisting of quantities of oil asphalt hot -mix cold laid, cold -mix paving mix, pre coat -aggregate, shell and caliche from the following: Corpus Christi Shell Co. Dobie & Wollesen Gulf States Asphalt Co. Heldenfels Brothers Huckman Trucking Co. Humble Oil & Refining Co. Servtex Materials Co. Uvalde Rock Asphalt White's Uvalde Mines Wright Asphalt Products M. P. Wright, Jr. Motion by Maldonado, seconded by Roberts and passed that the bids be tabled for 48 hours as re- quired by the City Charter, and referred to the City Manager for tabulation. Mayor Smith invited anyone with peititons or information for the Council on matters not scheduled on the agenda to come forward. Mrs. W. M. Allen, recording secretary of the Board of Directors of the YGJCA, spoke in favor of the proposed additional parking meters on the streets in front of the YWCA and the telephone building, but request- ed one 10 -minute space directly in front of their building, and a bus stop. Engineering. Mrs. Allen was informed that the request would be referred to Mr. Rice, Director of Traffic Jim Easterling, attorney for Guy I. Warren, appeared in connection with the right-of-way for Ocean Drive involving the properties of the Heldenfels Family, Guy Warren and Mr. & Mrs. F. William Carr, and sta- ted that in order to facilitate the handling of the matter, subject to Council approvel, the Heldenfels and the Carrs were conveying their interests to Mr. Warren, who in turn would negotiate an exchange of deeds with the City. He farther stated that his clients will assume the financial responsibility for the relocation of any utilities re- quired to be relocated. City Manager McClure presented reports of the various City departments on the matter to the Coun cil in which it was brought out that there were eight power poles to be relocated, a fire hydrant, and that this proposed shift in the right-of-way would not in any way effect safety of traffic, nor would the shift require any additional paving. Motion by Roberts, seconded by Culli and passed that the reports be accepted in this connection, and the ordinance authorizing the City Manager to execute an exchange deed with Guy I. Warren be presented to the Council for adoption. Mayor Smith announced the Council would next hear the City Manager's Reports. Motion by Roberts, seconded by Bigler and passed that the date of August 29, 1956, during the regular meeting at 2 p.m., be approved for a public hearing on an ammendment to the zoning ordinance. Motion by Bigler, seconded by Roberts, and passed that the award of bid on the sale of Surplus Equipment be made to the high bidders as follows: to Bradley Motor & Armature Works, Items 1, 2, 3, 7 and 12 for a total of $285.00; to Phoenix Supply Company, Items 4. 51 61 81 9, 10 and 11 for a total of $953.00; and that the bids on Item 13 be rejected because of the inadequate bid price. (See Bid Tabulation #-110 in File). Motion by Maldonado, seconded by Roberts and passed that the City Manager be authorized to adver- tise for bids to be received September 5th on 3800 linear feet of Neoprene Gasket Material for use in connection with repairs to the Savage Lane Reservoir. ORDINANCE N0. 4610 AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TEXAS, TO EXECUTE A CONTRACT WITH HELDENFELS BROTHERS FOR THE CONSTRUCTION OF STREET IMPPROVE1,1ENTS CONSISTING OF HOT -MIX ASPHALTIC CONCRETE RESURFACING OF EIGHT (8) MILES OF STREETS, PROJECT 1-9c; IN ACCORDANCE WITH PLANS AND SPECIFICATIONS AND CONTRACT DOCU1,'IE1S MADE A PART HEREOF BY REFER- ENCE; APPROPRIATING THE SUM OF $75,615.00 FROM NO. 220 STREET BOND IMPROVE- MENT FUND FOR SAID CONSTRUCTION, OF WHICH $69,633.48 IS THE CONTRACT PRICE, $3,481.52 IS FOR CONTINGENCIES AND $2,500.00 FOR REPAIRS TO STREET BASES BY STREET DIVISION; AND DECLARING AN EMERGENCY. 01 The Charter Rule was suspended by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye ORDINANCE N0. 4611 AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE A DIVISION ORDER FOR THE A. W. GREGG-CITY OF COR- PUS CHRISTI "P" LEASE ON THE SIXTY-FIVE (65) ACRES OUT OF THE JUAN, MIGUEL, PEDRO AND NEPAMUCENO DELGADO GRANT, ABSTRACT N0. 4, A COPY OF WHICH DIVISION ORDER IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye ORDINANCE N0. 4612 AUTHORIZING AIM DIRECTING THE CITY MANAGER TO EXECUTE A CONTRACT WITH T. H. LEE, CONTRACTOR, FOR THE FURNISHING OF EQUIPI= AND LABOR IN CONNECTION WITH THE REMOVAL AND REPLACING OF CITY UTILITY LINES, IN ACCORDANCE WITH PLANS, SPECIFICATIONS AND CONTRACT DOCUMENTS MADE A PART HEREOF BY REFERENCE; APPROPRIATING TIIE SUM OF $20,000.00 FROM NO. 109 SEWER FUND TO BE USED AS A REVOLVING FUND IN COMPLETING SAID PROJECT AT AN ESTIMATED COST OF $34,446.50 FOR GAS LINES, $67,270.50 FOR WATER LINES, AND $153,353,20 FOR SEWER LINES, WHICH COSTS, BY AGREEMENT OF THE COUNTY OF NUECES, WILL BE REIMBURSED TO THE CITY AS SHOWN BY THE AGREE%TENT AND ORDER OF NUECES COUNTY COMMISSIONERS' COURT DATED JUNE 25, 1956, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; APPROPRIATING ALL FUNDS SO REIMBURSED TO THE CITY TO.THE PALIENT OF THE COST OF SAID PROJECT AND DIRECTING THAT UPON COMPLETION THE SAID SUM OF $20,000.00 HEREBY APPROPRIATED FROM NO. 109 SEWER FUND BE RESTORED TO SAID FUND AT THE TIME OF FINAL ACCEPTANCE OF SAID PROJECT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye ORDINANCE NO. 4613 AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON BEHALF OF THE CITY OF COR- PUS CHRISTI TO EXECUTE.A CONTRACT WITH CEDRIC H. MARKS, BY -AND THROUGH.HIS ATTOR- NEY IN FACT BEN D. MARKS; BEN D. MARKS, INDIVIDUALLY; ABE M. KATZ; AND HARRY WEISMAN, WHEREBY THE CITY AGREES TO TAKE.THE NECESSARY ACTION TO PAVE OR HAVE PAVED SOUTH STAPLES STREET EXTENDING FROM HAMLIN DRIVE TO THE SOUTH INTERSECTION OF GOLLIHAR ROAD, UPON THE AGREEIv1ENT OF SAID OWNERS TO PROVIDE THE NECESSARY FIELD WORK FOR THE PREPARATION OF PLANS AND SPECIFICATIONS AND TO PURCHASE FROM THE CONTRACTOR CERTAIN ASSESSMENT CERTIFICATES WHICH MAY BE AGAINST HOMESTEAD PROPERTY, ALL IPI ACCORD.UICE WITH THE TERMS AND PROVISIONS OF SAID CONTRACT, A COPY OF WHICH IS MADE A PART HEREOF; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye M6 The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye ORDINANCE N0. 4614 AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE AN EXCHANGE DEED WITH GUY I. WARREN CONCERN- ING THE RIGHT OF WAY OF OCEAN DRIVE, A COPY OF WHICH DEED IS ATTACHED HERE- TO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye The second reading of an ordinance establishing the speed limit on Ocean Drive was presented. Mr. Marvin Ericson, 3385 Ocean Drive, spoke in opposition to the proposed speed limits on Ocean Drive, on the basis that he couldn't get in or out of his driveway, and that the new proposed speeds would save only 3 minutes driving time in getting to and from town, and contended that all that was needed to enforce a 30 - mile per hour speed all along Ocean Drive and Shoreline Boulevard was a motorcycle policeman to catch the violators Mrs. Robert Ro ers and Mrs. Virginia Ridgway also were opposed to the proposed speed limits, and in favor of a standard speed of 30 or 35 -miles per hour for the entire street on the basis that it was a residen- tial street. Mr. J. A. Baker, Chairman of the Traffic Safety Advisory Board, explained -again that the Board, together with the Traffic Engineer, at the request of the Council, had made a very thorough, scientific study of the entire traffic situation on that street, and had presented their recommendations to the Council based on full consideration of both the residents and the drivers using the street both day and night, with particular regard for the safety of all concerned, and that the proposed ordinance reflected these recommendations for the good of all the citizens. SECOND READING OF AN ORDINANCE AMENDING ORDINANCE NO. 2241, PASSED AND APPROVED BY THE CITY COUNCIL ON THE 16TH DAY OF MARCH, 1948, AS RECORDED IN VOLUME 16, PAGES 197 ET SEQ OF THE ORDINANCE AND RESOLUTION RECORDS OF THE CITY OF CORPUS CI1iISTI, TEXAS, ENJTITLED "Ali ORDINANCE REGULATING TRAFFIC UPON THE PUBLIC STREETS, ALLEYS, .AND OTHER THOROUGIFARES IN THE CITY OF CORPUS CHRISTI, TEXAS, AND FIXING PENALTY FOR VIOLATIONS AND REPEALING ALL OTHER ORDINANCES AND SECTIONS OF ORDI- NANCES IN CONFLICT HEREWITH", AS AMEidDED, BY AMENDING SECTION 50 (a) OF ARTICLE V OF ORDINANCE NO. 22+1; BY ESTABLISHING THE SPEED ON OCEAN DRIVE FROM THE CITY LIMITS LINE TO A POINT 400 FEET SOUTH OF THE SOUTH CURB LINE OF ROSSITER STREET AT 45 MILES PER HOUR; BY ESTABLISHING THE SPEED ON OCEAN DRIVE FROM THE SOUTH CURB LINE OF A POINT 400 FEET SOUTH OF THE SOUTH CURB LINE OF ROSSITER STREET TO THE SOUTH CURB LINE OF LOUISIANA STREET AT 4o MILES PER HOUR; BY ESTABLISHING THE SPEED ON OCEAN DRIVE FROM THE SOUTH CURB LINE OF LOUISIANA STREET NORTH TO THE NORTH CURB LINE OF CRAIG AVENUE FOR NORTH BOUND TRAFFIC ONLY AT 35 MILES PER HOUR; BY ESTABLISHING THE SPEED ON SHORELINE BOULEVARD FROM THE NORTH CURB LINE OF CRAIG AVENUE NORTH TO ITS INTERSECTION WITH EAST SHORELINE BOULEVARD AND WEST SHORELINE BOULEVARD FOR NORTH BOUND TRAFFIC ONLY AT 35 MILES PER HOUR; BY ESTA- BLISHING THE SPEED ON EAST SHORELINE BOULEVARD FROM ITS INTERSECTION WITH SHORE- LINE BOULEVARD NORTH TO THE NORTH CURB LINE OF CARROLL STREET AT 35 MILES PER HOUR; BY ESTABLISHING THE SPEED ON WEST SHORELINE BOULEVARD FROM THE NORTH CURB LINE OF CARROLL STREET SOUTH TO ITS INTERSECTION WITH EAST SHORELINE BOULEVARD AND SHORELINE BOULEVARD AT 30 MILES PER HOUR; BY ESTABLISHING THE SPEED ON SHORE- LINE BOULEVARD FROM ITS INTERSECTION WITH EAST SHORELINE BOULEVARD AND WEST SHORELINE BOULEVARD SOUTH TO THE NORTH CURB LINE OF CRAIG AVENUE FOR SOUTH BOUND TRAFFIC ONLY AT 30 MILES PER HOUR; BY ESTABLISHING THE SPEED ON OCEAN DRIVE FRO14 THE NORTH CURB LINE OF CRAIG AVENUE SOUTH TO THE SOUTH CURB LINE OF LOUISIANA STREET FOR SOUTH BOUND TRAFFIC ONLY AT 30 MILES PER HOUR; PROVIDING FOR PUBLICA- TION. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Farrell D. Smith Nay Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Motion by Roberts, seconded by Culli and passed that the Traffic Engineer, together with the Traffic Safety Advisory Board, be requested to male a similar survey and study of all major streets in the City as was made on Ocean Drive and present their report to the City Council. Mayor Smith suggested that a report be made to the City Council on the last 6 months, or a compar- able period, what our number of accidents have been with prior comparable period - the number of dollars of damages the number of deaths, the number of injuries to be able to compare with whether we have been able to cut down on the loss of life, injuries, accidents and improve our insurance rates. It was moved by Roberts, seconded by Culli and passed that such a report be provided. There being no further business to come before the Council, the meeting was adjourned. I, FARR= D. SMITH, Mayor of the City of Corpus Christi, Texas, certify that the foregoing Minutes, same being for the period of August 3, 1955, to August 15, 1956, inclusive, and having been previously approved by Council action, are by me hereby approved. I also authorize the affixing of my facsimile signature to the official record of each meeting for the period as herein referred to. SENT: Mayor Farrell D. Smith Commissioners: W. J. Roberts Minor Culli B. E. Bigler Manuel P. Maldonado MAYOR THE CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL NOTING August 22, 1956 2:00 p.m. City Manager Russell E. McClure City Attorney I. M. Singer City Secretary T. Ray Kring Mayor Farrell D. Smith called the meeting to order. The Invocation was -given by Reverend J. W. Lehman, of the Seventh Day Adventist Church. City Secretary Kring called the roll of those in attendance. Motion by Maldonado, seconded by Bigler and passed that the Minutes of the Regular Meeting of August 15th and the Special Meeting of August 14th, 1956, be approved. Mayor Smith announced the opening of bids. Bids were opened and read on 3 -Months Supply of Fuel from the following: Ada Oil Company Crystal Petroleum Company Gulf Oil Corporation Humble Oil & Refining Company The Texas Company Texas Star Oil Company, Inc. Motion by Culli, seconded by Maldonado and passed that the bids be tabled for 48 hours as required by the City Charter, and referred to the City Manager for tabulation. Mayor Smith invited anyone with petitions or information for the Council on matters not scheduled on the agenda to come forward. Mr. Robert Laws, representative of Barada & Page, appeared and inquired about the award of the bid on 'dater Treating Chemicals for the ensuing year. City Manager McClure stated that recommendations were not complete; there is a question as to what would be the safest and most economical way of shipping ferrous sulphate and unloading it when it arrives. He further stated that by having it shipped in box cars it would be approximately $5,000 less than having it shipped in covered hopper bottom cars, the latter being the safer way of shipment and handling. 1 11 Mr. Laws stated that if the Council decides that shipment by bulk box car is more economical he II KIM would appreciate an opportunity to submit a bid. 89� Mayor Smith requested that he be provided an analysis of the matter, and the hazards involved. Mayor Smith stated that the Council would study the matter further. Motion by Roberts, seconded by Bigler and passed that the Plans & Specifications for the Proc- tor Brawner Storm Sewer, Unit 5, be approved and that the City Manager be authorized to advertise for bids to be received September 12, 1956. Motion by Culli, seconded by Roberts and passed that the award of bid on 3,220 feet of 10", 12" and 24" Sewer Pipe be made to W. S. Dickey Clay Manufacturing Comoany, for a net total cost of $7,802.46. (See Bid Tabulation #111 in File). Motion by Bigler, seconded by Roberts and passed that City Manager McClure be granted a leave of absence with pay and reimbursement of expenses, from September 13th to September 29th, 1956, to attend the 42nd Annual Conference of the International City Managers' Association, to be held at Banff, Alberta, Canada, and that I. M. Singer, City Attorney, be Acting City Manager during said leave. Motion by Culli, seconded by Bigler and passed that the award of bid for Street Construction Materials be made to the low bidders as follows: to Humble Oil & Refining Company for 35,000 gallons of RC -2 Oil Asphalt for a total cost of $3,496.50; to Servtex Materials Company for 2,000 tons of Hot Mix -Cold Laid Type "DD" Rock Asphalt and for 1,000 tons of Hot Mix -Cold Laid Type "BB" Rock Asphalt for a total cost of $13,760.00; to Uvalde Rock Asphalt Company for 250 tons of Type "AA" Cold Mix Rock Asphalt, 2,250 tons of Type "D" Cold Mix Rock Ashpalt and 2,700 tons of Grade 2P Precoated Aggregate for a total cost of $22,040.00; to Dobie & Wollesen for 13,000 cubic yards of Type .S Caliche for a total cost of $24,700.00; to Corpus Christi Shell Company for 2,500 cubic yards of Type "S-25" Shell for a total cost of $2,250.00 at Hopper, $3,000.00 at Broadway Storage and $3,375.00 at the Airport. (See Bid Tabulation #112 in File). Mayor Smith asked if there was anyone in the audience desiring to express an opinion on any of the ordinances to be read. Yrs. Cora FQ=, n appeared in connection to the "Parking Meter" ordinance and made a request that one space be left free of a meter in front of each of her apartment houses located at 421 and 423 North Carancahua Street, for the convenience of her tenants. It was pointed out to Mrs. Foreman that leaving the spaces free of meters would not assure . her tenants of a place to park but that the matter would be looked into to see if something can be worked out. ORDINANCE N0. 4615 AMENDING ORDINANCE NO. 3894 ENTITLED "AN ORDINANCE PROVIDING FOR THE INSTALLATION AND OPERATION OF PARKING METERS; AND DESIGNATING THE ST + + TS UPON WHICH THEY T= BE OPERATED; AND PROVIDING FOR THT, PARX ING LIMIT ON THE S TS; REPEALING ALL ORDINANCES OR PARTS OF ORDI- NANCES IN CONFLICT HER.,T�`inTITH AND PROVIDING FOR PENALTIES FOR VIOLATION", AS AMENDED BY REPEALING SECTIONS 179 17 (1), 18, 13 (1), 19, 192 AND ADDING TO ORDINANCE NO. 3894 SECTIONS 17, 18,182f 19, AND 1921 PROVIDING FOR THE INSTALLATION AND OPERATION OF PARKING METERS; AND DESIGNATING THE STRIMITS UPON 1,71ICH THEY WILL BE OPERATED; AND PROVIDING FOR THE PARKING LIMIT ON T� ST ++TS; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR PUBLICATION; PROVIDING FOR PENALTIES FOR VIOLATION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye 90 ORDINANCE NO. 4616 AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE A CONTRACT "v1ITH SLOVAK BROTHERS FOR THE CONSTRUCTION OF THE EVERHART STORM S3AER9 GOLSSHAR LATERALS, PART OF PROJECT 3-20,'25, 27, AS MORE FULLY DESCRIBED IN THE PIANS, SPECIFICATIONS, AND C014TRACT DOCU,ENTS MADE A PART HEREOF BY REFERENCE; APPROPRIATING THE SUM OF $1401,425.00 FROM NO. 295 STORM SL,rR BOND INPROVEMENT FUND FOR THIS CONSTRUCTION, OF WHICH $133,741.22 IS THE CONTRACT COST AND $6,683.78 IS FOR CONTINGENCIES: AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye Manor Culli Aye W. J. Roberts Aye B. E. Bibler Aye Manuel P. Maldonado Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye S. E. Bigler Aye Manuel P. Maldonado Aye ORDINW10E ITO. 4617 CHANGING THE NAME OF HOLLY STREET, IN THE CITY OF CORPUS CHRISTI, NUECES COUPJTY, TEXAS, TO SACI T DRIVE;. -AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: .Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye Tanor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Mr. Cecil Burney, attorney, appeared in connection with the "Driverless Automobile" ordinance, stating that he would appreciate the right to study the ordinance before it was acted upon, that there were sections of this ordinance that had never been adequately enforced and that if the ordinance is -going to be revised it should be a complete and thorough revision. study. Notion by Bigler, seconded by Roberts and passed that the ordinance be deferred for further There being no further business to come before the Council, the meeting was adjourned. (NOTE:, No council meeting was held on August 29, 1956, due to the fact that the Mayor and the Mayor Pro -Tem were out of town and there was no quorum.) FSE'RT: Mayor Farrell D. Smith Commissioners: Minor Cul I i B. E. Bigler Manuel P. Maldonado excused. REGULAR. COUNCIL= -=111 September 5, 1956 2:00 p.m. City Manager Russell E. McClure City Attorney I. M. Singer City Secretary T. Ray Kring Mayor Farrell D. Smith called the meeting to order. The Invocation was given by the Reverend T. W. Burton, of First Church of Nazarene. City Secretary Kring called the roll of those in attendance. Motion by Culli, seconded by Maldonado and passed that the absence of Mayor Pro -tem Roberts be Approval of Minutes of the Regular Meeting of August 22, 1956, was deferred. 91 Mayor Smith announced that members of the Committee for Clean Literature were in the audience and wished to present their report. Mr. Dan Meany, Chairman of the Committee for Clean Literature presented the Committee's Report to the Mayor and Council on their work, findings, and recommendations. Mr. Meany further stated that they recom- mended the present committee be disbanded and that the City Council appoint a permanent Committee of from 3 to 5 persons to work as a functioning part of the City government, review questionable publications measuring them against the Code adopted by the Committee, that City Ordinance #352 be rewritten to conform to the State Statute, and take whatever action is necessary for an active police enforcement.of an amended City ordinance. The Report of the Committee for Clean Literature was received for study and the Committee commended for their conscientious and reasonable approach to the problem involved. Mayor Smith requested that such a committee as suggested be formulated from the original committee, and Chairman Meany agreed to make the recom- mendation after conferring with the Committee. Mrs. Kinn Gill delivered an invitation of the Board of Directors of the Parent -Child Guidance Center of Corpus Christi to the City Council to attend a meeting on September 11, 1956, at 7:30 p.m., in the Fellowship Hall of the First Christian Church, on the Interpretation of a Parent -Child Guidance Clinic, sponsored by the Board, the Junior League, and the Division of Mental Health, State Department of Health. Mayor Smith announced the opening of bids. Bids were opened and read on Breathing Apparatus for the Fire Department from the following: Allied Safety Equipment Inc. Mine Safety Appliances Scott Aviation Corp. Southwest Equipment & Ext. Co. Motion by Culli, seconded by Bigler and passed that the bids be tabled for 43 hours as required by City Charter, and referred to the City Manager for tabulation. Bids were opened and read on Copper Tubing for Warehouse Stock from the following: Amstan Supply Co. C. C. Hardware Co. Dildy Supply Co. R. J. Gallagher Co. Gulf Supply Co. M. B. McKee Co., Inc. Metal Goods Corp. Mueller Co. Norvell-Wilder Supply Republic Supply Co. The Rohan Co. United Supply Co. Alamo Iron Works Crane Co. SAT�BCO Motion by Culli, seconded by Maldonado and passed that the bids be tabled for 48 hours as required by City Charter, and referred to the City Manager for tabulation. Bids were opened and read on Neoprene Gasket Materials from the following: Alamo Iron Works Brance-Krachy Co., Inc. C. C. Gasket & Pkg. Co. Norvell Wilder Supply SAMSCO Sterling Packing & Gasket Co. Wilson Supply Co. Motion by Culli, seconded by Bigler and passed that the bids be tabled for 43 hours as required by City Charter, and referred to the City Manager for tabulation. Mayor Smith announced the next item was a pending item concerning the closing of Welborn and Francis Streets and abandonment of a utility easement. Harry Hoar. stated that the Council would have to close the above streets before his clients could get their plat approved by the Zoning & Planning Commission. A discussion followed between the Council, Mr. Hoag and Mr. John Mobley involving the utility to be installed, the amount of square footage, net and gross, involved in the exchange of right-of-way, the pro - 11 posed new Francis Street, the proposed alley to be dedicated, the exclusion of angle parking in the re -subdivision 11 1 92 of the property, and the setback lines. Motion by Culli, seconded by Maldonado and passed, that the matter be tabled and that an ex- change be considered on the basis of square footage requested to be vacated on Port Avenue as against footage to be conveyed to the City, and.that the value of such land to be vacated and conveyed be determined by a board of real estate appraisers at the applicant's expense, taking into account the front footage vacated on Port Avenue by rea- son of such exchange. Mayor Smith announced the next matter was a public hearing re a proposed amendment to the text of the zoning ordinance re bank or loan association being permitted in a "B-1" Neighborhood Business District classification. Mayor Smith stated that the inclusion of interior decorator including special furniture store was proposed to be deleted from the original proposed amendment. Bob Wallace, Vice President, U. S. Savings & Loan Association, stated that he saw no reason why the original proposed amendment would not be satisfactory if the words "no manufacturing be permitted" were added, as he could see no objection to a specialty shop under those conditions. No one else wished to appear either for or against the proposed amendment. Motion by Culli that the addition of the added use to the "B-1" classification as recommended by the Zoning & Planning Department be approved, and the amendment to the zoning ordinance be prepared. Commissioner Culli amended his motion to read that the Council accept the recommendation that a bank and loan association be added to the zoning ordinance, and that an ordinance be passed on one reading. The motion was seconded by Bigler, and the motion passed. Mr. Wallace requested that Judge Fisher be allowed at this time to present a request in connection with a zoning application which the Council had under advisement. Judge L. M. Fisher stated that in connection with an application of Agnes Pope Haynes for a change of zoning at the corner of Alameda and Doddridge, requesting a "B-3" classification, that the proposed amend- ment to the zoning ordinance just acted upon by the Council will leave his client with their original request for a "B-1" classification, and that since the matter is under advisement at the present time, he was requesting that the application be acted upon at this time. Judge Fisher agreed that since the original paving assessment for this corner had been made on a residential basis instead of a commercial basis as the other three corners had been made, that they would volun- tarily pay the additional assessment. Motion by Bigler, seconded by Maldonado and passed that the application of Agnes Pope Haynes in connection with the property at the corner of Alameda and Doddridge be granted for a "B-1", Neighborhood Business District classification. Mayor Smith announced the Council would next hear the City Manager's Reports. Motion by Bigler, seconded by Culli and passed that the plans and specifications for North Beach Sanitary Sewer Collection System be approved, and the City Manager be authorized to advertise for bids to be received September 26th. Motion by Bigler, seconded by Culli and passed that Burnett Construction Company be granted a 90 -day extension of time to October 9, 1956, on the completion of construction of the Broadway Sewage Treatment Plant, and that $57,000 of the retainage fee be paid at this time. Motion by Culli, seconded by Maldonado and passed that the City Manager be authorized to tise for bids to be received September 19th for radar speed meter with recorder, and for bids to be received on September 26th for an 8 -months supply of fire hydrants. Motion by Bigler, seconded by Culli and passed that the bids on fuel be awarded to the low bidders as follows: to Texas Company, for regular gasoline, at .165825 net per gallon; to Ada Oil, for premium gasoline, at .197505 net per gallon; to Texas Star Oil Co., for kerosene, at .1188 net per gallon; and to Crystal Petroleum Co., for diesel fuel, at .095 net per gallon. (See Bid Tabulation #113 in File). 93 Motion by Bigler, seconded by Culli and passed that the bids on water treating chemicals be awarded. as follows: to Barada & Page, Inc., for 800 tons bulk ferrous sulphate in hopper bottom cars, at $43.40 per ton; to General Chemical Division, for 684 tons in 100-1b. bats aluminum sulfate, at $52.34 per ton; and 680 tons in 100-1b. bags aluminum sulfate, at $54.59 Per ton; and to Whitestone Lime Company, for 1,400 tons bagged pebble calcium oxide, at $18.75 per ton; and 1,600 tons bulk pebble calcium oxide, at $15.50 per ton. (See Bid Tabulation #114 in File). Motion by Maldonado, seconded by Bigler and passed that the City Manager be authorized to advertise for bids to be received September 26th for 6 -months' supply of fertilizer for the Park Areas and Golf Course. Motion by Bigler, seconded by Culli and passed that the report on the West Side Sewage System of February, 1956, with the supplemental information provided by Reagan & McCaughan, engineers, of June 27, July 6 and August 10, 1956, be accepted; that the City Attorney be authorized to negotiate for the acquisition of one of sites of the West Side Sewage Disposal Plant as recommended by the engineers in their report of April, 1955, and in further recent studies; that the Director of Public Works be requested to prepare plans and specifications for the sanitary sewer mains required for the system, and to recommend an'agreement with Reagan & McCaughan, engineers, to prepare the plans and specifications for the West Side Sewage Treatment Plant; and that $4,000, the balance of the engineering fee for preliminary reports and studies, be paid to Reagan & McCaughan at this time. Mr. Leland Ross, Executive Vice President Home Builders Association, commended the Council on 11 the foregoing action on behalf of the Home Builders, and stated that they felt that the construction of the Plant would open up vast new areas for development for residential area and reduce the cost of raw acreage. Motion by Bigler, seconded by Culli and passed that the date of 2 p. m., September 25th, a special meeting, be set for public hearing of 8 zoning cases, and the date of September 26th, during the regular meeting, be set for public hearing for 1 Special Council Permit. Motion by Culli, seconded by Bigler and passed that the lease of farm land at Cuddihy Field to Wayne Ward be assigned to C. R. Lehman upon his compliance with terms of said lease. ORDINANCE NO. 4618 AUTHORIZING A SPECIAL WARRANTY DEED TO ROBERT H. FLATO, IN CORRECTION OF AND IN LIEU OF A SPECIAL WARRANTY DEED HERETOFORE AUTHORIZED; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Absent B. E. Bigler Aye Manuel P. Maldonado Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Absent B. E. Bigler Aye Manuel P. Maldonado Aye FIRST READING OF AN ORDINANCE GRANTING SOUTHWESTERN OIL & REFINING COMPANY A FRANCHISE TO LAY, CONSTRUCT, MAINTAIN, REPAIR AND REMOVE A PIPE LINE 14" IN DIAMETER FOR THE TRANSPORTATION OF GASOLINE, A PIPE = 14" IN DIAMETER FOR THE TRANSPORTATION OF FUEL OIL, A PIPE LINE 6" IN DIAMETER FOR THE TRANS- PORTATION OF HEATING OIL, A PIPE LINE 6" IN DIAMETER FOR THE TRANSPORTATION OF NAPTHA, A PIPE LINE 6" IN DIAMETER FOR THE TRANSPORTATION OF KEROSENE, AND A PIPE LINE 6" IN DIAMETER FOR THE TRANSPORTATION OF FUEL OIL, ALONG THE WEST BOUNDARY LINE OF THE RIGHT OF WAY OF NUECES BAY BOULEVARD WITH]N THE CITY OF CORPUS CHRISTI, TEXAS, FROM THE POINT AT WHICH THE SOUTH BOUNDARY LINE OF THAT CERTAIN TRACT OF LAND CONTAINING 30.64 ACRS CONVEYED BY BARNS- DALL OIL COMPANY TO SAID SOUTHWESTERN OIL, & REFINING COMPANY BY DEED DAM APRIL 25, 19479 RECORDED IN VOLUME 365, PAGE 3249 DEED RECORDS, NUECES COUNTY, TEXAS, INTERSECTS SAID NUECES BAY BOULEVARD, TO THE SOUTH BOUNDARY LINE OF THE RIGHT OF WAY OF THE SAN ANTONIO, UVALDE AND GULF RAILROAD COMPANY; THENCE IN AN EASTERLY DIRECTION ACROSS SAID NUECES BAY BOUIEVARD TO THE EAST BOUNDARY LINE THEREOF, AND TO USE AS MUCH OF THE RIGHT OF WAY OF NUECES BAY BOULEVARD AS IS NECESSARY THERETO, PROVIDED THAT THE SAME SHALL BE IN SUCH MANNER AND IN SUCH PLACES AS NOT TO INTERFERE 79ITH THE USE OF SAID STREET BY THE CITY OR INHABITANTS THEREOF; WHICH FRANCHISE SHALL BE ASSIGNABLE BY THE GRANTEE; PRO- VIDING FOR THE FORFEITURE OF FRANCHISE IN CASE OF FAILURE ON THE PART OF GRANTEE TO OBSERVE THE TERMS AND RESTRICTIONS OF THIS ORDINANCE. a The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Absent B. E. Bigler Aye Manuel P. Maldonado Aye ORDINANCE NO. 4619 THIRD AND FINAL READING OF AN ORDINANCE GRANTING TO THE TEXAS MEXICAN RAILWAY COMPANY A FRANCHISE TO CONSTRUCT, MAINTAIN, AND OPERATE A RAILROAD SIDETRACK UPON AND ACROSS A PORTION OF HIGISTAY 44 AT APPROXI.. MATELY 1600 FEET WEST OF THE 1271ERSECTIOPJ OF HIGHtdAY 44 AND BALDWIN BOULEVARD IN THE CITY OF CORPUS CHRISTI, TEXAS. Georgie Aboud appeared in objection to the foregoing franchise on the basis of public safety, and filed a letter of protest with the Council which he read. Mayor Smith explained to Mr. Aboud that the matter had been checked with the Highway Department and that they approved this request, and that all grade design and engineering is to be approved by the State Highway.Department, that the crossing probably will not be made for a year or so, at which time the exact location of the over -pass should be established; that the applicants have agreed to pay the cost of an over -pass so that it will be at no expense to the public and will allow the development of a large area to serve the City. A discussion followed between the Council, the City Attorney and Mr. L. Hs Gross, representing the Corpus Christi Industrial Properties, Inc., as to the wording of the franchise.. It was brought out that an exact location could not be pin -pointed at this time as the proposed expressway may require additional right -or -way It was further brought out that the original dedication of right-of-way to the County in which his company had reserved the right to make two crossings of Lexington Boulevard had never been executed because of the anticipated need of 180 feet of right-of-way for the proposed expressway development. Mr. Gross stated that since the land involved is now within the City Limits that in the event that no additional right-of-way beyond the original dedi- cation is required, that they will execute the original right-of-way agreement to the City. It was agreed by Mr. Gross that the franchise was intended to allow the City to connect a railroad spur track for use of the City onto the end of the trackage constructed in any reasonable manner agreed upon by the parties concerned so as not to render the remaining acreage unuseable, but that in the event that any other property owner wished to make a simi- lar connection to the trackage, that the Corpus Christi Industrial Properties, Inc., would have the right to charge said property owner an amount pro -rated on the cost of the laid trackage. Mr. Gross further agreed that at such time as the sidetrack referred to in Section 2 of the franchise was ready for operation, that the sidetrack referred to in Section 1 of the franchise would be abandoned and completely removed in all respects, and agreed that the wording of the ordinance should be changed to more clearly encompass the intention of the franchise in this respect. Motion by Bigler, seconded by Culli and passed that the ordinance before the final passage be amended to include the changes as agreed to by Mr. Gross, (Original copy on file in Legal Department). ORDINANCE NO. 4619 THIRD AND FINAL READING OF AN ORDINANCE GRANTING TO THE TEXAS MEXICAN RAIUTAY COMPANY A FRANCHISE TO CONSTRUCT, MAINTAIN, AND OPERATE A RAILROAD SIDETRACK UPON AND ACROSS A PORTION OF HIGIinTAY 44 AT APPROXIMATELY 1600 FEET Iv EST OF THE INTERSECTION OF HIGITdAY 44 AND BAL7M BOULEVARD IN THE CITY OF CORPUS CHRISTI, TEXAS. The foregoing ordinance was read for the third time and passed on the final reading by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J4 Roberts Absent B. E. Bigler Aye Manuel P. Maldonado Aye Motion by Bigler, seconded by Maldonado and passed that the Minutes of the regular meeting of August 22nd be approved. There being no further business to come before the Council, the meeting was adjourned. RESP T: 95 Mayor Farrell D. Smith Commissioners: W. J. Roberts Minor Culli B. E. Bigler Manuel P. Maldonado REGULAR COUNCIL METINI September 12, 1956 2:00 p. m. City Manager Russell E. McClure City Attorney I. M. Singer City Secretary T. Ray Kring Mayor Farrell D. Smith called the meeting to order. The Invocation was given by Reverend Myron Willard, of the South Shore Christian Church. City Secretary Kring called the roll of those in attendance. Mayor Smith announced the opening of bids on the Proctor-Brawner Storm Sewer Improvement, Unit #51 which were opened and read from the following: Slovak Brothers - $90,756.21 Heldenfels Brothers - $1029,254.60 Brown & Root - $106,485.00 Motion by Culli, seconded by Bigler and passed that the bids be tabled for 48 hours as required Ivll by City, Charter, and referred to the City Manager for tabulation.: Mayor Smith invited anyone with petitions or information from the audience on matters not scheduled on the agenda to come forward. No one appeared. Mayor Smith announced the receipt of a petition of 25 signatures received from Ben C. Flores requesting the paving of Bloomington Street in Molina Addition. Motion by Culli, seconded by Maldonado and passed that the petition be received and referred to the City Manager for study of drainage and other items involved in such paving. Mayor Smith announced the Council would next hear the City Manager's Reports. Motion by Culli, seconded by Bigler and passed that the bids received July 25, 1956, for Contr Tower Improvements, Cliff Maus Airport, be rejected on account of their exceeding the funds available, and new bids be authorized. Motion by Culli, seconded by Maldonado and passed that the City Manager be authorized to adver- Use for bids to be received October 26th for three validating and receipting machines for the utilities office. Motion by Culli, seconded by Maldonado and passed that the City Manager be authorized to adver- Use for bids to be received October 26th on four mobile radios for new pumpers for the Fire Department. Motion by Culli, seconded by Bigler and passed that Memorial Hospital be allowed $3500.00 in accordance with their request for a need, economic and architectural study of hospital requirements to qualify for Federal Hill Burton funds, and that the balance of the $25,000.00 provided in the Budget be returned to the General Fund. Motion by Roberts, seconded by Culli and passed that the bid for 24 units of breathing appara- tus for the Fire Department be awarded to Allied Safety Equipment Co., the low bidder, of $4,401.54 and 8 Scott Air -Pak units for $1,467.18. (See Bid Tabulation #115 in File). Motion by Culli, seconded by Maldonado and passed that the bid for a quantity Type "K" Soft Copper Tubing be awarded to SAMCO, the low bidder, for a net total of $14,454.37• (See Bid Tabulation #116 in File Motion by Culli, seconded by Roberts and passed that the date of,October 3rd, during the regu- lar Council meeting, be set for public hearing on an application for a change of zoning from "A-2" Second Apartment House District to "B-1" Neighborhood Business District, or "B-2" Bayfront Business District, on Block 72, Beach Addition. Motion by Culli, seconded by Bigler and passed that the City assume responsibility for payment for street improvements in the amount of $12,457.00 to Heldenfels Brothers, the contractor, for properties claimed as homesteads in the improvement of S. Staples Street. Motion by Culli, seconded by Maldonado and passed that the plans and specifications for the 1f improvement of South Staples between Hamlin Drive and Gollihar Road be approved, and the City Manager be authorized to advertise for bids to be received October 3rd. ORDINANCE NO. 4620 AMENDING ORDINANCE N0. 760, 12,10`0 AS THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI, ADOPTED ON THE 27TH DAY OF AUGUST, 1937, APPEARING OF RECORD IN VOLUME 9, PAGES 565 ET SEE Q OF THE ORDINANCE AND RESOLUTION RECORDS, AS AMENDED FROM TIME TO TIME, AND PARTICULARLY AS AMENDED BY ORDINANCE 140. 22669 PASSED AND APPROVED BY THE CITY COUNCIL ON THE 4TH DAY OF MAY, 1948, APPEARING OF RECORD IN VOLUME 16, PAGES 339 ET SEQ OF THE ORDINANCE AND RESOLUTION RECORDS, BY AMENDING THE ZONING MAP APPROVED BY THE CITY COUNCIL ON SAID 4TH DAY OF MAY, 1948, BY CHANGING THE PRESENT ZONING OF A 300' x 400' TRACT OF LAND LOCATED AT THE NORTIT EST CORNER OF THE INTERSECTION OF DODDRIDGE AND AIAMEDA FROM "R-1" ONE -,FAMILY ITIELLING DISTRICT USE TO "B-1" SECONDARY BUS12ESS DISTRICT USE; AND BY AMENDING ARTICLES XII OF SAID ORDINANCE BY ADDING THERETO "BANK, LOAN ASSOCIATION" UNDER SECTION 1 - USE REGULATION; KEEPING IN EFFECT ALSO OTHER PROVISIONS OF TIE EXISTING ZONING ORDINANCE, AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HER WITH; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Mayor Smith inquired if the difference in cost of assessment against the property involved in the foregoing ordinance had been placed in escrow by the owners as agreed to at the previous meeting, that of their voluntarily paying on the basis of business property. ORDINANCE NO. 4621 APPROPRIATING TIE SUM OF $5,910.59 FROM NO. 212 FIRE STATION BOND CONSTRUCTION FUND FOR MISCELLANEOUS ITEMS IN THE EQUIPPING OF FOUR NEW PUMPERS FOR THE FIRE DIVISION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye FIRST READING OF AN ORDINANCE AMENDING ORDINANCE NO. 3486 ENTITIED "AN ORDINANCE REGULATING THE RATES AND CHARGES MADE BY ALL PERSONS, FIRMS, CORPORATIONS OR ASSOCIATIONS OF PERSONS ENGAGED IN THE BUSINESS OF a4NING OR OPERATING MOTOR BUSSES USED FOR CARRYING PASSENGERS FOR HIRE IN OR UPON THE PUBLIC STREETS, ALLEYS, AND THOROUGHFARES OF THE CITY OF CORPUS CHRISTI, TEXAS, DURING THE INTERIM COMMENCING WITH THE EFFECTIVE DATE OF THIS ORDINANCE AND CONT11=412 THROUGH AUGUST 31, 1954, AND DECLARING AN EMERGENCY", AS AMENDED BY ORDINANCE NO. 3629, AND AS AMENDED BY ORDINANCE N0. 3345, SO AS TO PROVIDE FOR RATES APPLICABLE TO MOTOR BUSSES USED FOR CARRYING PASSENGERS FOR HIRE IN AND UPON THE PUBLIC ST TS, ALLEYS AND THOROUGHFARES OF THE CITY IN THE NATURE OF A ZONE FARE; PROVIDING FOR All EFFECTIVE DATE; PROVIDING FOR THE REPEAL OF ORDINANCES IN CONFLICT HEREWITH. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Mayor Smith announced that he would like to call attention to the public that the foregoing ordinance was a matter for three readings and all interested citizens will be heard at the two subsequent readings '&6 to their feelings they would like to express in this matter, that this was the first reading and that there has 9'7 been no public interest shown other than in favor of it that the Council knows of. SECOND READING OF AN ORDINANCE GRANTING SOUTHWESTERN OIL & REFINING COMPANY A FRANCHISE TO LAY, CONSTRUCT, MAINTAIN, REPAIR AND REMOVE, A PIPE IHM 14" IN DLU STER FOR THE TRANSPORTATION OF GASOLINE, A PIPE LINE 14" IN DIAP•ETER FOR THE TRANSPORTATION OF FUEL OIL, A PIPE LIPS 6" IN DIAIETER FOR THE TRANSPORTATION OF HEATING OIL, A PIPE LINE 69 IN DIAI'ETER FOR THE TRANSPORTATION OF NAPTHA, A PIPE LINE 6" 111 DIAMSTER FOR THE TRANSPORTATION OF KEROSINE, AND A PIPE LINE 6" IN DIAiIETER FOR TIE TRANSPORTATION OF FUEL OIL, ALONG THE WE, ST BOUNDARY LINE OF THE RIGHT OF WAY OF NUECES BAY BOULEVARD WITHIN THE CITY OF CORPUS CHRISTI, TEXAS, FROM THE POINT AT WHICH THE SOUTH BOUNDARY LINE OF THAT CERTAIN TRACT OF LAND CONTAINING 30.64 ACRES COP, D BY BARNSDALL OIL COMPANY TO SAID SOUTIZ1ESTERN OIL & REFINING COMPANY BY DEED DATED APRIL 25, 1947, RECORD'' IN VOLUME 364, PAGE 324, DEED RECORDS, NUECES COUNTY, TEXAS, INTER.. SECTS SAID NUECES BAY BOULEVARD, TO THE SOUTH BOUNDARY LINE OF THE RIGHT OF WAY OF THE SAN ANTONIO, UVAIDE AND GULF RAILROAD COhPANY; THENCE IN AN EASTERLY DIRECTION ACROSS SAT) NUECES DAY BOULEVARD TO THE EAST BOUNDARY LINE THEREOF, AND TO USE AS MUCH OF THE RIGHT OF WAY OF NUECES BAY BOULEVARD AS IS NECESSARY THERETO, PROVIDED THAT THE SAIF SHALL BE IN SUCH MANNER AND IN SUCH PLACES AS NOT TO INTERFERE 14ITH THE USE OF SAID STRMT BY THE CITY Oda. INHABITANTS THEREOF; WHICH FRANCHISE SHALL BE ASSIGNABLE BY THE GRANTEE; PROVIDING FOR.TIE FORFEITURE OF FRANCHISE IN CASE OF FAILURE ON THE PART OF GRANTEE TO OBSERVE THE TERMS AND RESTRIC- TIONS OF THIS ORDINANCE. The foregoing ordinance was read for the second time and passed to its third and final reading by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Motion by Culli, seconded by 11aldonado and passed that in view of two or three matters pertain- ing to the bonds and airport project requiring further study, that the meeting be recessed and reconvene at Approximately 4:00 o'clock, p. m., this afternoon. Mayor Smith announced that the regular meeting was now resumed. Motion by Culli; seconded by Roberts and passed that the Bond Attorneys be instructed to ordinances for the following to be submitted to a vote of the people on October 6th: Airport Development, other z than Cliff Maus, $3,200,000; Bridge Lighting, Utility Crossings and Expressway Right-of-way, $4,430,000; Street and Storm Sewer Improvements, $1,290,000; Bayfront and South Beach Development, $150,000; Additional Equipment and Facilities for Memorial Coliseum and Exposition Hall, $395,000; Oso Bay Reclamation and Effluent Irrigation, $350,000; all to be tax supported except the Bayfront and South Beach Development program, which is to be a reve- nue bond. There being no further business to come before the Council, the meeting was adjourned. THE STATE OF TEXAS ; COUNTY OF NUECES CITY OF CORPUS CHRISTI NOTICE OF SPECIAL MEETING TO THE MEMSERS OF THE CI'T'Y COUNCIL, THE CITY MANAGER, THE CITY SECRETARY AND THE CITY ATTORNEY OF THE CITY OF CORPUS CHRISTI, TEXAS: NOTICE is hereby given that a special meeting of the City Council of the City of Corpus Christi, Texas, will be held in the City of Corpus Christi, Texas, in the Council Chamber of the City Hall, at 3 o'clock p. m on the 20th day of September, for the purpose of adopting an Ordinance ordering an election re authorizing the lease of'a tract of land, a part of the proposed Municipal Airport site, and such other business. as may properly come before the Council. DATED this the 20th day of September, 1956. f sl FARILTLZ D. SMITH FARREIL D. SMITH, Mayor City of Corpus Christi, Texas CONSENT TO MEETING We, the undersigned members of the City Council, the City Manager, the City Secretary and the City Attorney of Corpus Christi, Texas, hereby accept service of the foregoing notice, waiving any and all irregula- rities in such service and consent and agree that said meeting shall be at the time and place therein named and for the purpose therein stated. J s / B. E. BIGLER B. E. BIGLER M. SINGER I. M. SINGER Acting City Manager Isl TRAY KRING T. RAY KRING City Secretary lel W. J. R03ERTS W. J. ROBERTS /s/ MAF= P. MALDONADO MANUEL P. MALDONADO /s/ I. M. SINGER I. M. SINGER City Attorney Mayor Smith stated the purpose of the Special Meeting was to adopt an ordinance ordering an election re authorizing the lease of a tract of land, a part of the proposed Municipal Airport site, and such other business as may properly come beofre the Council. ORDINANCE N0. 4623 ORDERING AN ELECTION TO BE HELD ON THE 6TH DAY OF OCTOBER, 1956, AT WHICH EIECTION THERE SHALL BE SUBMITTED TO THE QUALIFIED VOTERS OF THE CITY OF CORPUS CHRISTI THE QUESTION OF WHETHER OR NOT THE CITY COUNCIL SHOULD ENACT AN ORDINANCE GRANTING A IEASE TO THE CORPUS CHRISTI BANK AND TRUST COMPANY, TRUSTEE, AS IES iE, CONCERNING CERTAIN LAND DESCRIBED IN SAID LEASE, FOR A TERM (30) YEARS FROM THE DATE OF EXECUTION OF SUCH IEASE BY THE CITY; PRO- VIDING RESTRICTIONS ON THE USE OF SCID LAND; PROVIDING FOR SUB-IEASING OR ASSIGNMENT OF SAID LANDS OR IEASEHOLD RIGHTS ONLY WITH THE�WR.ITTEN APPROVAL OF THE CITY AUTHORIZED BY THE CITY COUNCIL; PROVIDING FOR RENTALS TO BE PAID TO THE CITY; PROVIDING FOR TERMINATION OR FORFEITURE; SAID TEASE CONTRACT BEING SET OUT IN THIS ORDINANCE AND MADE A PART HEREOF; DESIGNATING THE - PLACES FOR HOLDING SUCH ELECTION; NAMING THE OFFICERS THEREFOR;' PROVIDING FOR NOTICE OF ELECTION; ENACTING PROVISIONS INCIDENT AND RELATING TO THE HOLDING OF SUCH EIECTION AND THE RETURNS THEREOF; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. ;Bigler Aye Manuel P. Maldonado Aye There being no further business to come before the Council, the special meeting was adjourned. REGULAR COUNCIL MEET a'G September 19, 1956 2:00 p. m. PRESENT: Mayor Farrell D. Smith uo=issioners: W. J. Roberts Acting City Manager I. M. Singer Minor Culli Assistant City Attorney J. F. Park B. E. Bigler City Secretary T. Ray Kring Manuel P. Maldonado Mayor Farrell D. Smith called the meeting to order. The Invocation was given by Reverend M. Q. Burns, of Emmanuel Baptist Church. City Secretary Kring called the roll of those in attendance. Motion by Bigler, seconded by Maldonado and passed that the Minutes of the Regular Meeting of September 5th and September 12th be approved. The bid of Kar-Trol Signal Co., Inc. was opened and read for a Radar Speed Meter with Recorder, the only bid received. Motion by Culli, seconded by Bigler and passed that the foregoing bid be tabled for 4$ hours as required by the City Charter, and referred to the City Manager for tabulation. Mayor Smith invited anyone with petitions or information from the audience on matters not scheduled on the agenda to come forward. Mr. Jule H. Walker, 822 Oak Park, presented a petition of approximately 300 signatures. of resi- dents of the Oak Park Addition, requesting adequate police protection against the hazardous and dangerous condi- tion to the school children and pedestrians of the area caused by an unusual amount of fast automobile traffic, including drag racing and racing on streets through the residential section of Oak Park Community, not only by teenagers but workers in nearby plants. Mr. Walker added that since the police department doesn't have enough men to properly police the Additions, he would be just as willing to have his taxes raised for a sufficiently in- creased police department as for any one of the projects in the bond issue. Motion by Bigler, seconded by Roberts and passed that the foregoing petition be received and referred to the City Manager for investigation. Mr. Georze Aboud, former member of the Traffic Safety Advisory Board, wished to go on record as being in sympathy with Mr. Walker, and insisted that the police department needs many more motorcycle patrol- men as the only way of combating speed and traffic violators throughout the entire City. Motion by Bigler, seconded by Roberts and passed that the Resolution received from United Vet- erans Association of Nueces County relative to removing the Office of Veterans Service Officer from City -County Welfare Board to an Independent Status be received and referred to the City Manager for further study. Mx. De Witt McGee. Commander of the Association, stated that at the time the matter was consi- dered by the Council he would have more to say if it was proper. Mayor Smith announced the Council would next hear the City Managers Reports. Motion by Roberts, seconded by Bigler and -passed that the Director of Finance be authorized to make temporary cash advances from the General Fund to any of the Bond Construction Funds and from the #14.1 'dater Maintenance & Operation Fund to the #202 City of Corpus Christi Waterworks Bond Construction Fund and from the #109 Sewer Fund to the #297 Sanitary Sewer System Bond Improvement Fund and from the #106 Gas Revenue Fund to the #200 Gas System Bond Improvement Fund when necessary to pay engineering estimates, in order that the City may not be compelled to prematurely terminate investments which would earn a material amount of interest by continuing the investment to maturity. Motion by Culli, seconded by Roberts and passed that Mr. J. A. C. Baker, Mr. Irving Dietz, Jr., and Mr. Leland Ross be re -appointed for a 1 -year term to the Building Standards Commission. Motion by Culli, seconded by Roberts and passed that the following Board Members be appointed for an indefinite period as Officers and members of the Board of Directors of the Parkway House, formerly the Cuddihy Hall for Girls: Mrs. M. J. Snider, president; Mrs. C. M. Winther, past president; Mr. Frank Peerman, Jr., 1st vice president; Dr. Helen Woods, 2nd vice president; Mr. Marshall Boykin, treasurer; Mrs. Carroll Jones, corres- ponding secretary; Mr. A. B. Zepeda, recording secretary; and Mrs. C. E. Taylor, Mrs. 0. G. McClain, Mrs. J. H. Mclaren, Mr. Henry Knolle, Mrs. Ralph Cameron, Mrs. Louis Russell, Reverend John DeForrest, Yxs. Frank Sparks, Mrs. Gordon Stewart, Father Thomas Fernandez, O.N.I., Mrs. R. C. Ingram, and Nxs. J. W. Sullivan, Directors. Motion by Roberts, seconded by Culli and passed that the officers and directors of the Parkway House be commended for their fine work and the contribution they have made in behalf of girls in need of a home. Motion by Roberts, seconded by Culli and passed that the plans and specifications for the construction of rest rooms in Evelyn Price and Ben Garza Parks be approved and the City Manager be authorized to advertise for bids to be received October 10th. Motion by Roberts, seconded by Bigler and passed that the refunding to Mission Rent -a -Car Co. of fees in the amount of $2,891.11, which the Courts have held to have been illegally collected be ratified, sub- ject to Mission Rent -a -Car Co.'s acceptance of a new franchise in lieu of the former one. 100 Motion by Roberts, seconded by Maldonado and passed that the City Manager be authorized to ad- vertise for bids to be received October 10th for an 8 -months' supply of Brass Service Fittings for Warehouse stock. Motion by Roberts, seconded by Bigler and passed that the Tax Error and Correction List and Supplemental Tax Roll for August, 1956, be approved. Motion by Roberts, seconded by Maldonado and passed that the use of professional services of Frank Drought, Airport Engineer, for consultation concerning feasibility of proposed new airport site and procedure for preliminary approval of airport regulatory bodies including assembling of necessary data and preparation of a master plan, at a cost not to exceed $3,000.00 be approved. Commissioner Bigler stated that he wished to go on record as voting "Nay", if the foregoing action entails additional services of Mr. Drought, if not, he desired to vote "Aye" on the matter. ORDINANCE NO. 4622 AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON BEHALF OF THE CI'T'Y OF CORPUS CHRISTI TO EXECUTE'A RELEASE OF SPECIAL ASSESSMENT IN THE AMOUNT OF $500.95 AGAINST THAT CERTAIN PROPERTY FRONTING 126.5 FEET ON THE WEST SIDE OF ALAMEDA STREET, DESCRIBED AS BEING IAT 15, IN BLACK 69 SWANTNER PLACE, AN ADDITION TO THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, AND THE OWNER THEREOF C. R. LAYTON FOR AND IN CONSIDERATION OF THE PAY- MENT OF SUCH ASSESSMENT, A COPY OF WHICH RELEASE IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. The Charter Ruel was suspended by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye The foregoing ordinance was passed by the following vote! Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye ORDINANCE N0. 4623 AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE A CONTRACT WITH SLOVAK BROTHERS, INC., FOR THE CONSTRUCTION OF UNIT 5 OF THE PROCTOR-BRAWNER STORM SEWER SYSTEM, PROJECT 3-15, AS MORE FULLY DESCRIBED IN THE PLANS, SPECIFICATIONS AND CONTRACT DOCUMENTS MADE A PART HEREOF BY REFERENCE; APPROPRIATING THE SUM OF $95,295.00 FROM NO. 295 STORM SEWER BOND IMPROVEMENT FUND FOR THIS CONSTRUCTION, OF WHICH $90,756.21 IS THE CONTRACT COST AND $4,538.79 IS FOR CONTINGENCIES; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Mayor Smith asked if there was anyone attending the hearing today to comment on -.the ordinance regarding the bus rate schedule and zone fare. Mr. Ed Eckstrom, President of Nueces Transportation Co., stated that he and Mr. Paul Peck were present in favor of the passage of the ordinance, but had nothing to say unless the ordinance was opposed. No one appeared against the ordinance at this time. SECOND READING OF AN ORDINANCE AMENDING ORDINANCE NO. 3486 ENTITLED "AN ORDINANCE REGULATING THE RATES AND CHARGES MADE BY ALL PERSONS, FIRMS, CORPORATIONS OR ASSOCIATIONS OF PERSONS ENGAGED IN THE BUSINESS OF OWNING OR OPERATING MOTOR BUSSES USED FOR CARRYING PASSENGERS FOR HIRE IN OR UPON THE PUBLIC STREETS, ALLEYS, AND THOROUGHFARES OF THE CITY OF CORPUS CHRISTI, TEXAS, DURING THE INTERIM COMMENCING WITH THE EFFECTIVE DATE OF THIS ORDINANCE AND CONTINUING THROUGH AUGUST 31, 1954, AND DECLARING AN EMERGENCY", AS AMENDED BY ORDINANCE NO. 3629, AND AS AMENDED BY ORDINANCE NO. 3845, SO AS TO PROVIDE FOR RATES APPLICABLE TO MOTOR BUSSES USED FOR CARRYING PASSENGERS FOR HIRE IN AND UPON THE PUBLIC STREETS, ALLEYS AND 101 THOROUGHFARES OF THE CITY IN THE NATURE OF A ZONE FARE; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR THE REPEAL OF ORDINANCES IN CONFLICT HEREWITH. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Mayor Smith announced the first reading of an ordinance creating and -establishing first and second fire district areas would be deferred to afford an opportunity for home owners and property owners and builders to study and express themselves, as the scope of the ordinance would affect these people to such a great extent. THE STATE OF TEXAS COUNTY OF NUECES CITY OF CORPUS CHRISTI On this the 19th day of September, 1956, the City Council of the City of Corpus Christi, Texas, convened in Regular Meeting, with the following members of said Council present, to -wit: Farrell D. Smith, Mayor, Minor Culli, B. E. Bigler, Commissioners, W. J. Roberts, M. P. Maldonado, T. Ray Kring, City Secretary, I. M. Singer, Acting City Manager, J. F. Park Assistant City Attorney, with the following absent: None , constituting a quorum, at which time the following among other business was trans- acted: Mr..Farrell D. Smith, Mayor, presented for the consideration of the Council an ordinance. The ordinance was read by the City Secretary. The Mayor presented to the Council a communication in writing per- taining to said proposed ordinance, as follows: "Corpus Christi, Texas, September 19, 1956. TO THE CITY COUNCIL, Corpus Christi, Texas. Gentlemen: The public importance and pressing need for the permanent improvements to be constructed by use of the procee of the bonds contemplated to be voted pursuant to said ordinance creates an emergency and an imperative public necessity requiring the suspension of rules and Charter provisions requiring ordinances to be considered and voted upon at three regular meetings. I, therefore, request that the City Council pass the proposed ordinance calling an election for the issuance of said bonds as an emergency measure. You will please consider this request in connec- tion with the ordinance which has been introduced in the City Council on this subject.. Yours very truly, /s/ FARRELL D. SMITH Farrell D. Smith, Mayor." Commissioner Bigler made a motion that the Charter provision prohibiting ordinances from being passed finally on the date introduced be suspended for the reasons stated in the written request of the Mayor and stated in the emergency clause of the ordinance. The motion was seconded by Commissioner Roberts. The motion was carried by a unanimous vote by the City Council, viz: AYES: Commissioners Culli, Bigler, Roberts and Maldonado. NOES: None. The Mayor requested that the records show that he voted Aye. This was done. 102 Commissioner Roberts made a motion that the ordinance be passed finally,. The motion was seconded by Commissioner Maldonado. The motion was carried by the following vote: AYES: Commissioners Culli, Bigler, Roberts and Maldonado. NOES: None. The Mayor requested that the records show that he voted Aye. This was done. The Mayor announced that the ordinance had been passed. The ordinance is as follows: ORDINANCE NO. 4624 BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, CALLING AN ELECTION ON THE QUESTION OF THE ISSUANCE OF THE FOLLOWING BONDS: $3,200,000.00 AIRPORT BONDS; $4,430,000.00 FREEWAY AND BRIDGE BONDS; $615,000.00 STREET AND STORM SEWER BONDS; $395,000.00 COLISEUM AND EXPOSITION HALL IMPROVEMENT BONDS; $350,000.00 OSO BAY SEWAGE DISPOS- AL AND RECLAMATION BONDS; $150,000.00 BAY FRONT IMPROVEMENT REVENUE BONDS AND $675,000.00 SOUTH STAPLES STREET AREA STREET AND STORM SEWER BONDS, AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Commissioner Culli requested that he be recorded as voting "Nay" to submitting the issue in 7 propositions. He felt that the ordinance as originally prepared, containing 6 propositions, was more appropriate. ORDINANCE NO. 4625 ORDERING THE POLLING OF THE QUALIFIED VOTERS OF THE CITY OF CORPUS CHRISTI ON OCTOBER 6, 19560 CONCERNING THEIR DESIRES ON CERTAIN REGU- LATION OF DOGS; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye ORDINANCE NO. 4626 DECLARING POLICY OF CITY COUNCIL WITH REFERENCE TO FUTURE USE OR DIS- POSITION OF CLIFF MAUS AIRPORT IN THE EVENT THE ELECTORS AUTHORIZE THE ISSUANCE OF THE AIRPORT BONDS BEING SUBMITTED AT THE ELECTION TO BE HELD OCTOBER 6, 1956; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye 103 ORDINANCE N0. 4627 AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE A LICENSE AGREEMENT WITH TEXAS AND NEW ORLEANS RAILROAD COMPANY WHEREBY THE RAILROAD COMPANY AGREES THAT THE CITY MAY INSTALL A 10" SEWER LINE ALONG THE CENTER OF NEAL STREET, A COPY OF WHICH AGREEMENT IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J..Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Dr. Irving Colef, 4110 Ocean Drive, commented on various items on the agenda, and further commended Commissioners, Culli and Bigler, for disqualifying themselves when the additional paving on South Staples was considered before the Council. "Honest John" Bagwell, 209 Shawnee, objected to the increase of bus rates and the zone fares, on the grounds that it created a hardship on the poorer working class of people and school children. There being no further business to come before the Council, the meeting was adjourned. SPECIAL COUNCIL MEETING September 25, 1956 PRESENT: 2:00 p. m. Mayor Farrell D. Smith Commissioners: W. J. Roberts Acting City Manager I. M. Singer Minor Culli City Attorney I. M. Singer B. E. Bigler City Secretary T. Ray Kring Manuel P. Maldonado Mayor Farrell D. Smith called the meeting to order. City Secretary Kring called the roll of those in attendance. Mayor Smith announced the special meeting was to hold a public hearing on 8 zoning cases. First was the application of John Thomason for a change of zoning from "R-2" Two -Family Dwelling District to "B-1" Neighborhood Business District on Lots 53 - 58 inclusive, Block 817, Port Aransas Cliffs, beginning 150 feet north of Doddridge on the east side of South Alameda Street and extending an additional 150 feet. the change in zoning. Cecil Burney, attorney, representing the applicant, presented the applicants' reasons for No one appeared'in opposition. Motion by Culli, seconded by Bigler and passed that the hearing be closed and the application be approved, subject to the Shamous property adjoining the property being assessed as business property likewise. The next case was the application of South Bluff Methodist Church for a change of zoning t from "A-1" First Apartment House District to "A-2" Second Apartment House District on Lots 21 and 22, Block 3, Booty and Allen Addition, being located at the southwest corner of Seventh and Elizabeth Streets. tion be approved. No one appeared either for or against the application. Motion by Roberts, seconded by Culli and passed that the hearing be closed and the applica- The next case was the application of Mrs. Laura Arbogast for a change of zoning from "R-1" One -Family Dwelling District to "B-1" Neighborhood Business District on Lots 6 and 7, Block 12, Villa Gardens Addi- tion located at 623 - 627 Van Cleve, being 147 feet from Highway No. 9. J. B. McAdams, Zone Manager for Texas Co., and representing Floyd Walker, gas station proper- ty owner, spoke in favor of the application. Mrs. Arbogast, the applicant, appeared in behalf of herself, and stated her reasons for the request, that it was not good for residential purposes and that she was unable to obtain a loan under the present zoning. She further stated that names on the petition which Mr. Graham has to present were beyond the 200' limit of the property requiring notification. Ralph Graham, attorney, representing Mr. John Heikamp, adjacent property owner, opposed the rezoning as his client wants to live on his property and enjoy it as a home. He stated his client would be willing to rezone to "R-111. He presented a petition containing 15 names opposing the change in zoning. John H. Heikamp, 633 Van Cleve, stated that he had purchased his property for a home in 1943 that the applicant has been using the property in question illegally for years, and that he has been harrassed constantly by the tenants and owner of the adjoining property. The owners stated they prefer to rezone as "R-1", but if zoned at all, they would agree to a parking area but not to be used for a service alley. Mrs. Arthur Wharton stated that she objected to cars turning left. She stated that if the property is used for employees only, she would not object. Motion by Culli, seconded by Maldonado and passed that the hearing be closed and the appli- cation be tabled for further study. The next case was the application of W. R. Reid for a change of zoning from "R-1" One -Family Dwelling District to "R-2" Two -Family Dwelling District on a 0.71 acre tract out of the original W. E. Pope 170.14 acre tract in Port Aransas Cliffs, being adjacent to and south of Lamar Park. Jack Ryan and W. W. McClendon, representing the applicant, stated the proposed development, that of one-story brick duplexes, and that due to the peculiar type of property, it is only suited for such pro- posed use or for business. James W. Wray, attorney, appeared representing W. P. Morgan, A. E. Echard, Jr., C. L. Haynes John T. Lizenby, J. H. Dillion and R. E. Scott, property owners in Livingston Park, who are opposed to the'applica- tion on the grounds that such proposed development would devaluate all surrounding residential property, that they would not object to the property being divided into three lots for "R-1" use, and that the only purpose served by an "R-2" zoning was the desires and convenience of the applicant. Mr. Wray added that Mr. Dillion and Mr. Echard were also present to add to his remarks if the Council wished to ask them anything. Motion by Roberts, seconded by Bigler and passed that the hearing be closed and the applica- tion taken under advisement for further study. The next case was the application of Louis D. Porter for a change of zoning from "A-3" Third Apartment House.District to "B-1" Neighborhood Business District on the west one-half of Lot 6, Block 4, Extension to Southend Addition, located at 1524 Coleman Street. cation be denied. No one appeared either for or against the application. Motion by Roberts, seconded by Bigler and passed that the hearing be closed, and the appli- Mayor Smith announced a three-minute recess. The meeting was resumed, and Mayor Smith announced the next case to be heard was the appli- cation of Cecil Burney and Frank Cech for a change of zoning from "R-1" One -Family Dwelling District to "L -I" Light Industrial District on a tract of land containing 9.8 acres more or less and generally located east of Westgate Heights Subdivision, south of Hatch Tract, west of Rose Hill Cemetery and north of the existing industrial develop- ment along Agnes Street. Cecil E. Burney, attorney, one of the applicants, exhibited a plat of the proposed develop - went and explained the present use of the property and of surrounding property. He stated that they proposed a control type warehouse development and to eliminate the existing junk yard. He stated that the owners are prepared to develop, or lease to tenants to develop, along any reasonable lines the Council might impose, and that he is willing to negotiate with the objectors to resolve the matter, possibly on the basis of a compromise. Wayne Wilson, attorney, representing Rand Morgan, stated that only two people are for the change and that approximately 50 to 60 people object to the change. 105 W. A. Saunders, a resident in the area, vigorously opposed the change proposed, and reviewed the history of zoning in the area. nuisance to the area. Mrs. G. R. McMichael, 254 Eastgate, also opposed the change on the premise of it being a P. L. Pulliam, objected to the proposed zoning on the basis that it would be detrimental to his and surrounding property and would create traffic congestion. C. E. Dudley, 299 Eastgate, inquired as to the legal status of the Hatch Trailer Park, and stated that he was eager for it to be removed. City Attorney Singer reviewed the status in question, and stated that the City will litigate at the earliest date a setting can be obtained., taken under advisement. There were 30 residents of Westgate Heights) present who were opposing the application. Motion by Bigler, seconded by Roberts and passed that the hearing be closed, and the matter The Council promised a decision by October 3rd, 1956. The next case was the application of H. R. Applebaum, J. C. Lowman and W. A. Bratton for a change of zoning from "R-1" One -Family Dwelling District to "L -I" Light Industrial District on a tract of land containing 27.8 acres more or less and being generally that property fronting 940' along the east side of Weber Road beginning at the unnamed road lying immediately south of Lexington Boulevard and extending to a depth of 1295' plus or minus. Harold Applebaum, one of the owners and representing the owners, spoke for the proposed change in zoning. He outlined the hardship existing, having lost prospective tenants due to present zoning, and stated that he doesn't feel the property is suited for any purpose other than "L -I". He further stated that he had conferred with school officials and has agreed to comply with their wishes in the development. Sam Kane, Kane's Wholesale Meat Co., stated that he wants to locate in the City and prefers to locate in the area of the property under discussion as it would be centrally located for his operation. Gilbert Isenberg, real estate broker, stated that he has clients interested in locations such as this property would provide. He stated there is a need for zoning of.this type in the south, southwest part of town. His clients also want to be on a sewage system, and he has been assured it will be provided. He stated that Harris Ice Cream Co. desires about three acres and Carnation Milk Co. desires about 10 acres, but with sewage facil- ities. Jesse Lieberman Meat Company, stated that he had lost his location to the high-level bridge, and that he needs 2 or 3 acres for a location. Marks Bratton, owner of a lumber yard on Weber Road, spoke in favor of the application, and stated that he will need more space in the near future. The Foremost Dairy Co. is also interested in locating in the area. Ralph Graham, representing Fred Brandesky, opposed primarily the zoning of the rear of the property for "L -I" as he sees no need and feels ample zoning is available. He stated the School Board is opposed also, but feels his client would not object to the front part of the property being zoned "L -I". Allan Parks, one of the applicants, related the hardship existing as he has owned the proper- ty for 2k years and is stymied in doing anything with his property. R. E. Lewis, 4810 Alice, strongly favors the application. Luther J. Brister, Texas Valley Ice, stated that Foremost Dairies is interested in the pro- perty if properly zoned, and feels there is a need for more "L -I" zoning. Mayor Smith was excused from the meeting, and Mayor Pro -tem Roberts assumed the Chair. taken under advisement. Motion by Bigler, seconded by Culli and passed that the hearing be closed, and the matter The next case was the application of Ross Allen for a change of zoning from 11R-1" One -Family 106 Dwelling District to "B-3" Secondary Business District on a portion out of Lot 2, Byron Willis Subdivision, lying at the southeast corner of the intersection of Weber Road and Lexington Boulevard, bounded by lines 320 feet from . the centerline of Lexington Boulevard and 180 -feet from the centerline of Weber Road.. Ross Allen, the applicant, appeared in behalf of his request. No one appeared in opposition to the application. Motion by Culli, seconded by Bigler and passed that the hearing be closed, and the applica- tion approved as recommended by the Zoning & Planning Commission, subject to a limited building area of 3,500 sq. ft. on Lots 1 and 2. There being no further business to come before the Council, the Special Meeting was adjou REGULAR COUNCIL MEETING September 26, 1956 2:00 p. m. PRESENT: Mayor Farrell D. Smith Commissioners: W. J. Roberts Acting City Manager I. M. Singer Minor Culli Assistant City Attorney J. F. Parks B. E. Bigler.. City Secretary T. Ray Kring Manuel P. Maldonado Mayor Farrell D. Smith called the meeting to order. The Invocation was given by Reverend Gerald McAllister, of the Church of Incarnation. City Secretary Kring called the roll of those in attendance. Motion by Roberts, seconded by Maldonado and passed that the Minutes of the Regular Meeting of September 19th and the Special Meeting of September 20th be approved. Mayor Smith announced the opening of bids. Bids were opened and read for the North Beach Collection System from the following: Heldenfels Brothers Slovak Brothers T. H. Lee Whitten Construction Co. Motion by Culli, seconded by Bigler and passed that the foregoing bids be tabled for 48 hour as required by the City Charter, and referred to the City Manager for tabulation. Bids were opened and read for an 8 -months' supply of Fire Hydrants from the following: .Iowa Valve Co. Darling Valves Mfg. Co. Crane Co. Alamo Iron Works Mueller Co. SAMSCO Motion by Culli, seconded by Maldonado and passed that the foregoing bids be tabled for 48 hours as required by the City Charter, and referred to the City Manager for tabulation. from the following: Bids were opened and read for a 6 -months' supply of Fertilizer for Park Areas and Golf Cours Agri -Chem of Texas Campbell Fertilizer Co., Inca Goldthwaites Texas Toro Co. Wonder Gro Young Wise Seed Company Motion by Maldonado, seconded by Culli and passed that the foregoing bids be tabled for 48 hours as required by the City Charter, and referred to the City Manager for tabulation. Mayor Smith announced the next item was a public hearing on the application of Mrs. Virginia Shaw for a Special Council Permit for a.Private Day School at 2425 Gollihar Road. Mrs. Virginia Shaw, the applicant, Mr. Dale Perkins, Education Director of Calvary Baptist Church, and M. J. Swearingen, all spoke in favor of the permit on the basis of a need for such a Day School in the area. No one appeared in opposition to the application. Motion by Culli, seconded by Bigler and passed that the hearing be closed, and the applica- tion be approved. Mayor Smith announced the next item was petitions or information from the audience on matt not scheduled on the agenda. Mayor Smith welcomed a group of children in the audience, who stated that they were rep ting the Civic Club of the 8th grade of St. Patrick's School, and thanked the Mayor for his welcome and invitation to come back .again. Paul Vogler appeared in connection with a petition relative to a truck route on Omaha, and requested that the Council give the matter due consideration when it comes before them for study, as he considers truck routes in and out of the City of prime importance, and feels that Shell Road, McBride, Navigation Boulevard and Highway 9 are not satisfactory. Mr. D. E. Thompson, 202 East Vanderbilt Drive, appeared and complained of the dust and a health menace resulting from the storm sewer construction in his section, and requested that the matter of insert- ing a provision in the future contracts requiring the contractor to sprinkle regularly so as to control the dust, be considered if practical. He further requested that he be notified as to any action taken by the Council in this connection. Mayor Smith announced the Council would next hear the City Manager's Reports. Motion by Bigler, seconded by Roberts and passed that the City Manager be authorized to ad- vertise for bids to be received October 10th for 675 tons of Liquefied Chlorine Gas for John Cunningham Filter Plant and 0. N. Stevens Filter Plant. Motion by Roberts, seconded by Bigler and passed that the City,Council ratify the action taken by the City, the County Commissioners, and the Navigation District in a Joint Meeting on September 18, 1956, in regard to allocation of funds required in the construction of a bridge over Tule Lake Channel, a copy of the action being contained in the Minutes of said Meeting which is made a part of' -this Meeting. "JOINT MEETING September 18, 1956 11:30 a. m. PRESENT: Mayor Farrell D. Smith Commissioners: W. J. Roberts Acting City Manager I. M. Singer Minor Culli City Secretary T. Ray Kring B. E. Bigler Manuel P. Maldonado R. E. Sallee, Jerome Jalufka, representing the Navigation District. County Judge John Young, Commissioners Caldwell, McKenzie, Bennett and Sablatura. Jessie Lawrence and Jim Harris, Engineers and Fisher Alsup, Assistant to the County Judge, representing Nueces County. Mayor Smith reviewed the background in the taking of bids for the substructure of the bridge to be constructed over the Tule Lake Channel and subsequently taking the bids for the superstructure of the High - lift Bridge, the latter being considerably higher than was estimated. He also reviewed negotiations he had with Farnsworth & Chambers, contractors, and their guaranteeing to bid, if permitted, at a saving of some $200,000.00. Communications were reviewed regarding the bid and the Government's attitude toward Federal participation on the basis of increased cost. He also referred to a telephone conversation Acting City Manager Singer had this date with the Corps of Engineers at Galveston, in reply to his letter addressed to them under date of September 16, 1956, requesting consideration of the emergency existing and their readjusting the Government's participation on the basis of said emergency. The substance of the conversation was that since the Judge Advocate General had ruled against any commitment being made at this time they felt.certain that the matter would be reviewed and adjusted upon completion of the project. Mayor Smith was concerned lest additional participation on.the part of the Federal Government failed to materialize and the local agencies having to assume the additional costs in view of their having voted a specific amount in Bond Funds.. He particularly was concerned regarding the agreement of the local agencies to assume a proportionate share,percentage wise as was agreed upon originally. County Judge John Young reviewed the original agreement with reference to participation and excepted to the new allocation of cost being made as proposed by Mayor Smith. Mayor Smith suggested that either the bids be rejected and new bids taken, availing ourselves of a saving of $200,000.00, or that all agencies assume their apportionment of the increased cost. Mr. Sallee suggested that a stronger letter;of assurance be obtained from the Washington level regarding the Government making an adjustment and their participation of the overall cost. In connection with the suggestion of Mr. Sallee, it was agreed that Drahn Jones of the City and Duane Orr of the Navigation District meet Dale Miller and Frank Cortelyou in Washington and confer with the Chief of Engineers, U. S. Army. 1: Drahn Jones stated that a contract could be let in the amount of $1,700,000 over and above the substructure contract before the City is hurt. Judge Young suggested that County Funds be made available if funds are needed in the payment of estimates to the extent of funds allocated for the Project. Mr. Jalufka suggested that payments of the Navigation District and County be made as recom- mended by the Technical Committee. Mayor Smith again restated the City's position in that the City, County and Navigation Dis- trict should participate in the overall cost of the project on the percentage basis as previously agreed upon. The report of the Technical Committee was reviewed and it was agreed that the County Navi- gation District were willing to abide by the report. A motion was made by Mr. Sallee, seconded by Commissioners Caldwell and Culli, and unani- mously passed, that.the report of the Technical Committee, which report is as follows: "At the joint meeting of the City, County and Navigation District on June 27, the Technical Committee made a report recommending the contract award to American Bridge Division of U. S. Steel Corporation be recommended to the District Engineer. The City Council on July 2, 1956, made the following motion: 'Motion by Culli, seconded by Roberts and passed that the recommend- ation of Harrington & Cortelyou, Consulting Engineers, regarding the bid of United States Steel Corporation in the amount of $2,197,357.88 for the con- struction of Unit II Substructure for the bridge over Tule Lake Channel, Port of Corpus Christi, Texas, received by the City Council at 2 p.m., May 31, 1956, be concurred in, subject to the qualifications as outlined by Mayor Smith, and the City Manager be authorized to transmit the recommendation to the Corps of Engineers for their approval.' "On August 31st a telegram was received by Russell E. McClure as follows: 'Reference your letter 2 July 1956 recommending award contract construction superstructure bridge relocation project to United Statee Steel Corporation. On 27 August 1956 Secretary of Army approved award to United States Steel Corporation. Work should proceed within 30 days. Revised order of apportion- ment will be furnished as soon as received from Secretary of Army. /s/ Corps of Engineers.' "On September 14, 1956, a letter was received from the District Engineer con- cerning the revised guaranty of cost requested by the City. In effect this letter states that a new guaranty of cost and apportionment cannot be obtained until the project is completed. This is in accordance with a ruling by the Judge Advocate General. "The Technical Committee has had several meetings and discussions of the matter and have been in communication with Mr. Cortelyou, our consulting engineer. At a meeting held at noon on September 17, the following actions were taken:. 1. That the payments on all contracts in connection with the upper harbor bridge, its approaches, right-of-way, railroad and road relocations, removal of old Bascule Bridge, and other appurten- ances, be paid as follows: Funds Available Percent of Total City $ 700,000 37.63 County 435,000 23.39 Navigation District 725,000 38.98 $1,860,000 100.00 "The above recommendation is in accordance with the previous action taken at the joint meeting of the City Council, County Commissioners Court and Nueces County Navigation District held on January 20, 1955, as follows: UPPER HARBOR CROSSING Federal Government Bridge $ 2,900,000 Railroad Relocation 1.200,000 $ 4,1009000 Navigation District Railroad Relocation Nueces County City of Corpus Christi $ 722,000 435,000 692.000 $ 1,849,000 GRAND TOTAL -$ 5,949,000 "It was moved by County Judge Young, seconded by Commissioner Brace, and passed that the breakdown of the costs as indicated be adopted.' 2. It was moved, seconded and passed unanimously that the Technical Committee recommends that the award of the contract for the superstructure be made to the U. S. Steel Corporation in accor- dance with the order of the Secretary of the Army. "The Committee suggest that the City Council take whatever steps are appro- priate to obtain from the Department of the Army assurances in as firm a form as possible that the claim for reimbursement for excess costs as brought about the circumstances beyond the control of the bridge owner is a justifi- able claim." be adopted "to the extent of the funds available and that these agencies meet again if and when necessary to pro- vide funds to complete the overall project." 1091 The third and final reading of an Ordinance amending Ordinance No. 3486 was deferred. ORDINANCE NO. 4629 AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE A RELEASE OF MECHANIC'S LIEN TO J. A. C. BAKER COVERING HYDRAULIC FILL FOR LOT 4, BLOCK 5, WATER BEACH ADDITION TO THE CITY OF CORPUS CHRISTI, FOR AND IN CONSIDERATION OF THE PAYMENT OF SAID LIEN, A COPY OF WHICH RELEASE IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. • The Charter Rule was suspended by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith' Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye ORDINANCE NO. 4630 AMENDING ORDINANCE NO. 4460, PASSED AND APPROVED BY THE CITY COUNCIL ON THE 8TH DAY OF FEBRUARY, 1956, AND ENTITLED "AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO ENTER INTO A CONTRACT WITH BROWN &ROOT, INC., FOR THE SUB- STRUCTURE AND FENDERS FOR THE LIFT BRIDGE OVER TULE LAKE CHANNEL IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, AS MORE FULLY DESCRIBED IN THE PLANS AND SPECIFICATIONS -AND CONTRACT DOCUMENTS MADE A PART HEREOF BY REFERENCE; APPROPRIATING THE SUM OF $782,870.00 OUT OF NO. 230 BRIDGE REMOVAL AND RELOCATION BOND FUND TO COVER THE COST OF CON- STRUCTION, OF WHICH $745,370.00 IS THE CONTRACT PRICE AND $37,500.00 IS THE AMOUNT ALLOWED FOR ENGINEERING AND CONTINGENCIES; AND DECLARING AN EMERGENCY", BY AMENDING SECTION 2 OF SAID ORDINANCE NO. 4460 SO AS TO PROVIDE FOR THE PROPER ALLOCATION OF COSTS BETWEEN THE LOCAL AGEN- CIES AND THE UNITED STATES GOVERNMENT AS FOLLOWS: 65% OF COSTS, AMOUNT- ING TO $508,865.50, TO BE PAID BY THE UNITED STATES GOVERNMENT; 35% OF COSTS AMOUNTING TO $275,004.50 TO BE PAID BY LOCAL GOVERNMENTAL AGENCIES APPORTIONED AS FOLLOWS: 37.63% OF 35% IN THE AMOUNT OF $103,107.89 TO BE PAID BY THE CITY FROM FUND NO. 230 BRIDGE REMOVAL AND RELOCATION BOND FUND; 23.39% OF 35% IN THE AMOUNT OF $64,089.65 TO BE PAID BY NUECES COUNTY; AND 38.98% OF 35% IN THE AMOUNT OF $106,806.96 TO BE PAID BY NUECES COUNTY NAVIGATION DISTRICT; CONTINUING ALL OTHER PROVISIONS OF SAID ORDINANCE NO. 4460 IN FULL FORCE AND EFFECT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye ORDINANCE NO. 4631 AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO ENTER INTO•A CONTRACT WITH THE UNITED STATES STEEL CORPORATION FOR THE CONSTRUCTION OF THE SUPERSTRUCTURE OF THE TULE LAKE BRIDGE IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, - AS MORE FULLY DESCRIBED IN THE PLANS AND SPECIFICATIONS AND CONTRACT DOCUMENTS MADE A PART HEREOF BY REFERENCE; APPROPRIATING THE SUM OF $2,469,250.88 FOR THE PAYMENT OF THE COST OF SAID SUPERSTRUCTURE OF WHICH $2,197,357.88 IS FOR THE CONSTRUCTION CONTRACT AND $271,893.00 IS FOR ENGINEERING AND CONTINGENCIES, SAID COST BEING ALLOCATED FOR PAYMENT AS BETWEEN THE UNITED STATED AND THE LOCAL GOVERNMENTAL AGEN- CIES IN THE PORTIONS OF 65% OF COSTS AMOUNTING TO $1,605,013.07 TO BE PAID BY THE UNITED STATES AND 35% AMOUNTING TO $864,237.81 TO BE PAID BY LOCAL GOVERNMENTAL AGENCIES PROPORTIONED AS FOLLOWS: 37.63% OF 35% IN THE AMOUNT OF $325,212.69 FROM N0. 230 BRIDGE REMOVAL & RELO- CATION BOND FUND; 23.39% OF 35% IN THE AMOUNT OF $202,145.22 TO BE PAID BY NUECES COUNTY; AND 38.98% OF 35% IN THE AMOUNT OF $336,879.90 TO BE PAID BY NUECES COUNTY NAVIGATION DISTRICT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Ave 110 The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye ORDINANCE NO. 4632 AUTHORIZING THE CITY MANAGER OF THE CITY OF CORPUS CHRISTI TO EXECUTE, AND .THE CITY SECRETARY TO AFFIX THE CORPORATE SEAL AND ATTEST THE SAME, A CERTAIN AGREEMENT BETWEEN THE CITY AND THE STATE OF TEXAS PROVIDING FOR THE CONSTRUCTION, MAINTENANCE AND OPERATION OF SPRINKLER SYSTEMS FOR THE PURPOSE OF SUSTAINING THE GROWTH OF SOD AND OTHER ROADSIDE PLANTING ALONG AND UPON MUNICIPAL FREEWAYS OR EXPRESSWAYS WHICH MAY HAVE HERETOFORE BEEN APPROVED FOR CONSTRUCTION BY THE CITY COUNCIL OR WHICH MAY HEREAFTER BE SO APPROVED; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye ORDINANCE NO. 4633 RATIFYING THE SETTLEMENT OF THE ACTION OF W. R. REID v -CITY OF CORPUS CHRISTI, TEXAS, AS RECOMMENDED BY THE CITY ATTORNEY, AUTHORIZING ENTRY OF AN AGREED JUDGMENT; A COPY OF WHICH IS MADE A PART HEREOF; AUTHORI- ZING THE ACCEPTANCE OF STREET, UTILITY AND SHORE PROTECTION EASEMENT FROM W. R. REID; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Robetts Aye B. E. Bigler Aye Manuel P. Maldonado Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye ORDINANCE NO. 4634 AMENDING THE PLATTING ORDINANCE NO. 4168 OF THE CITY OF CORPUS CHRISTI, TEXAS, ADOPTED ON.THE 23RD DAY OF MARCH, 1955, APPEARING OF RECORD IN VOLUME 23, PAGE 624 ET SEQ OF THE ORDINANCE AND RESOLUTION RECORDS OF THE CITY AS AMENDED FROM TIME TO TIME THEREAFTER, ENTITLED "AN ORDINANCE ADOPTING AND PROMULGATING RULES AND REGULATIONS GOVERNING THE PLATTING OF LAND INTO SUBDIVISIONS IN THE CITY OF CORPUS CHRISTI AND WITHIN A DISTANCE OF FIVE (5) MILES OF THE CORPORATE LIMITS OF THE CITY OF CORPUS CHRISTI, AND REQUIRING PLATS TO CONFORM TO SUCH RULES AND REGULATIONS IN ORDER TO PROCURE THE APPROVAL OF THE CITY ZONING AND PLANNING COMMISSION OF THE CITY OF CORPUS CHRISTI; DEFINING TERMS; FORBIDDING TRANSFERS OF LAND WITHOUT COMPLYING WITH THE TERMS OF THIS ORDINANCE; REPEALING ORDI- NANCE NO. 1032 AND ORDINANCE NO. 1157 OF THE CITY OF CORPUS CHRISTI; PROVIDING PENALTIES FOR THE VIOLATION OF ANY OF THE PROVISIONS THEREOF; PROVIDING FOR THE PARTIAL VALIDITY OF SAID ORDINANCE; AND PROVIDING FOR THE EFFECTIVE DATE AND PUBLICATION OF SAID ORDINANCE; AND DECLARING AN EMERGENCY", BY AMENDING SECTION 1 - GENERAL OF SAID ORDINANCE NO. 4168 SO AS TO PROVIDE AS ADDITIONAL EXCEPTIONS FROM THE PROVISIONS OF SAID ORDINANCE THE WEST OSO INDEPENDENT SCHOOL DISTRICT AND THE SUNDEEN IN- DEPENDENT SCHOOL DISTRICT; PROVIDING FOR PUBLICATION; CONTAINING A SAVINGS CLAUSE; AND DECLARING AN EMERGENCY. . The Charter Rule was suspended by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye 111 The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Mayor Smith announced that the Council expected to have the information tomorrow which would enable the Council to announce the final levy of the tax rate for the current year. Mayor Smith made the following statement: "I wish to direct attention for the record that all information had by this Council was ten- dered to all governmental authorities with the full explanation of all facts and finances pertaining to it, and af- ter receiving advice of all Committees, governmental agencies, and reflecting on it, as is previously set forth in the records of this Council, this action is taken to vote"'Aye",' and also as a result of the Orders of the Corps of Engineers and the Secretary of the Army, pursuant to the terms of the Agreement and the laws applicable thereto. We have been given assurance of a written confirmation of the fact that these items of excess, above estimates, are recognized by the Federal Government to be beyond this City's control and of an emergency nature..which qualified us to receive further and full financial help, under law, coming at the end of the project. The two other local govern mental agencies have rendered their full assistance in making available to us, as Bridge Owner, the sum total of all monies had by all three agencies, in accordance with the recommendation of the Technical Committee, which entitles us to the benefits of all contingencies - a little over $700,000.00 - and as further explained by the Acting City Manager, Mr. I. M. Singer, Also we have acted as a Council in reliance upon the representations of the engineers, Cortelyou and Harrington. "I ask that my remarks be inserted into the records of this meeting, verbatim. "The other members of the Council have joined me in stating that the words that I have just expressed report their feelings likewise." Mayor Smith declared a 10 -minute recess before the third and final reading of an Ordinance amending Ordinance No. 3486. The meeting was resumed and Mayor Smith called the meeting to order. Motion by Culli, seconded by Bigler and passed that the Ordinance amending Ordinance No. 3 be amended to provide that the fare for school children having Student Cards, riding to or from school, remain as currently established. ORDINANCE NO. 4635 AMENDING ORDINANCE NO. 3486 ENTITLED "AN ORDINANCE REGULATING THE RATES AND CHARGES MADE BY ALL PERSONS, FIRMS, CORPORATIONS OR ASSOCIATIONS OF PERSONS ENGAGED IN THE BUSINESS OF OWNING OR OPERATING MOTOR BUSSES USED FOR CARRYING PASSENGERS FOR HIRE IN OR UPON THE PUBLIC STREETS, ALLEYS, AND THOROUGHFARES OF THE CITY OF CORPUS CHRISTI, TEXAS, DURING THE IN- TERIM COMMENCING WITH THE EFFECTIVE DATE OF THIS ORDINANCE AND CONTIN- UING THROUGH AUGUST 31, 1954, AND DECLARING AN EMERGENCY", AS AMENDED BY ORDINANCE NO. 3629, AND AS AMENDED BY ORDINANCE NO. 3845, SO AS TO PROVIDE FOR RATES APPLICABLE TO MOTOR BUSSES USED FOR CARRYING PASSEN- GERS FOR HIRE IN AND UPON THE PUBLIC STREETS, ALLEYS AND THOROUGHFARES OF THE CITY IN THE NATURE OF A ZONE FARE; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR THE REPEAL OF ORDINANCES IN CONFLICT HEREWITH. The foregoing ordinance was read for the third time and passed finally by the following vote: Farrell D. Smith Aye W. J. Roberts Aye Minor Culli Aye B. E. Bigler Aye Manuel P. Maldonado Aye There being no further business to come before the Council, the meeting was adjourned. REGULAR COUNCIL MEETING October 3, 1956 2:00 p. m. PRESENT: Mayor Farrell D. Smith Commissioners: W. J. Roberts City Manager Russell E. McClure Minor Culli City Attorney I. M. Singer B. E. Bigler City Secretary T. Ray Kring Manuel P. Maldonado Mayor Farrell D. Smith called the meeting to order. The Invocation was given by Reverend Gomez of Kelsey Memorial Methodist Church. City Secretary Kring called the roll of those in attendance. Mayor Smith announced the opening of bids. Bids were opened and read for Improvements of South Staples Street, Hamlin Drive to Everhart 112 Road, from the following: J. M. Dellinger, Inc. Brown & Root, Inc. Heldenfels Brothers McKenzie Construction Co. Motion by Maldonado, seconded by Bigler and passed that the foregoing bids be tabled for -48 hours as required by the City Charter, and referred to the City Manager for tabulation. following: Bids were opened and read for Alterations of the Control Tower, Cliff Maus Airport from the Slovak Brothers, Inc. Price Construction Co. Hinchberger Construction Co. Motion by Culli, seconded by Bigler and passed that the foregoing bids be tabled for 48 as required by the City Charter, and referred to the City Manager for tabulation. The bid of Motorola Communications 6 Electric Co. was opened and read, the only bid received IIfor 4 mobile radio units. (21 bid invitations were extended, 7 firms submitted a "no bid", and the remainder gave varying reasons for not bidding.) Motion by Bigler, seconded by Roberts and passed that the foregoing bid be tabled for 48 hours as required by the City Charter and referred to the City Manager for tabulation. Commissioner Bigler requested that Mr. Burke, the Purchasing Agent, find out why several companies who deal in this type of equipment returned a "no bid", as he was concerned about the Federal Government' requirement for three legitimate bids being received when it contributes financially to a project. Mayor Smith announced the next matter was a pending item before the Council concerning the application of Cecil BurneyFrank Cech for a change of zoning from "R-1" Neighborhood Business District to "L -I" Light Industrial District, on 9.8 acres east of Westgate Heights Subdivision, on which a public hearing was held on September 30, 1956. Mr. W. W. McClendon, consulting engineer, stated that he was in the audience on behalf of Mr. Burney, but had no comments to make at this time. Mayor Smith stated that the Council had not come to a complete decision on this matter, that it was the understanding of the Council that much relief to residents of the area could be had through the elimina- tion of the scrap metal and junk yard on the property, and that by deferring definite action for a short time, the applicants had indicated their willingness to work out an amicable arrangement with all concerned. Motion by Culli, seconded by Bigler and passed that the matter be referred back to the Zonin Planning Commission, that they contact the applicants and the residents in an effort to resolve the matter amicab and return it's recommendation to the Council. Mayor Smith announced the next item was a public hearing on a zoning application of Mrs. Mamie E. Ridenhower, Richard W. Cole & Harry E. Cole for a change of zoning from "A-2" Second Apartment House Dis- trict to either 11B-1" Neighborhood Business District or "B-2" Bayfront Business District on Lots 1, 2, 3 and 4, Block 72, Beach Portion, located on the NW corner of Resaca Street and W. Shoreline Drive. Bob Sorrell, attorney, appeared for the applicants and stated that the application was only on the 4 lots that his client had recently acquired from the City, and that although his client might be allowed the contemplated uses of the property under the present zoning, the application was made so as to prevent any mis- understanding of the wording of the allowed uses. No one appeared in opposition to the application. Motion by Bigler, seconded by Culli and passed that the hearing be closed and the applica- tion be granted, and the property be zoned as 11B-2" Bayfront Business. Mayor Smith invited anyone in the audience with petitions or information for the Council on matters not scheduled on the agenda to come forward. Mr. C. J.' Parnell, Manager of the Medical Center on Morgan Street, inquired whether the question of the street widening of Morgan Street from 19th Street to Ocean Drive was definitely decided to be 44 a 113 feet, or could it be made a 60 -foot width instead. Mayor Smith answered that the matter had not been irrevocably decided, but that studies and surveys reflected a very high cost to procure right-of-way for a 60 -foot width, and because of the cost involved, it did not appear justified, as desirable as it would be. Mr. C. C. Sampson, Route 1, Box 217B, principal of Carl Allen School, appeared as President of the Airline Civic League, and petitioned the Council on behalf of the 22 families represented by the League, to provide them with water, sewage, gas, and drainage and street topping. Mayor Smith explained that as the area is outside of the City Limits, the,City can do nothing in the way of street improvements or the expenditure of any City funds whatsoever, but that the Council will be glad to look into the possibility of providing utility services. City Attorney Singer pointed out to Mr. Sampson and the Council, that this was an example of the City's not having control of the subdividing of areas within 5 miles of the City Limits, and that this was the specific area involved in litigation over this point between the City and the sub -divider in which the City had been ruled against, just prior to the amendment by the Legislature in 1951 which now gives the City this 5 -mile limit control. Charles C. Tracy, District Director of the southern half of Texas of the Loyal Order of Moose requested the use of City property on the Bayfront for a Bicycle Safety Program for a testing course. He stated that the program contemplated would last for about 4 weeks, including classroom work, mechanical testing and safety testing, and that the national magazine of the organization proposed to run a fullspread picturization of the progr , which was one of the reasons why he was requesting use of the Bayfront Parking Lot or T -Head. Motion by Bigler, seconded by Roberts and passed that the request be accepted for study and referred to the proper City departments for recommendation. Mrs. T. B. Kelly, secretary of the League of Women Voters, presented questions on different phases of each of the bond issues to be voted on at the Special Election of October 6th: .Airport, Freeway, Audi- torium and Oso. Mayor Smith provided the answer to each of her questions in order, and expressed the Council' appreciation of the League's help in disseminating information to enlighten the public on civic matters. "Honest John" Bagwell, 209 Shawnee, requested that the Council not make the proposed reduct in the tax levy on the basis that business.had been profitable this year and people were better able to continue the present tax rate, and that they might need to have a reduction on rates in a subsequent year. Mayor Smith explained the law involved in the Levying taxes which governs the proposed re- duction. The Council next considered a petition which had been received from Mrs. David E. Rittgers requesting to have a fire hydrant installed in the 4500 - 4600 block of Evelyn Street. 4 City Manager McClure pointed out that the area is adequately and safely served by fire hydran in the area, and the Council suggested that the petitioners be so informed. City Manager McClure presented a petition which had been received from the residents abutting Campbell Lane requesting the City pave Campbell Lane between Highway 44 and Highway 9 as soon as possible and stat- ing the reasons for the request. Motion by Bigler, seconded by Roberts and passed that the foregoing petition be referred to the City Manager for study and recommendation. Motion by Bigler, seconded by Maldonado and passed that the following be appointed members of the permanent Clean Literature Committee to serve for an indefinite period: Mrs. M..P..Goebel, Chairman; Mrs. C. P. Donnelly; Mrs. William Foster; Mr. Earl Mittler; Mr, Mervin S. Smith; Mr. Robert Wilkerson; and Mr; Ismael Arsuaga. _ Mayor Smith announced the Council would next hear the City Manager's Reports. Motion by Bigler, seconded by Roberts and passed that Officer Alvin E. Martin's injury leave be extended to January 3, 1957, with full pay. 114 Motion by Roberts, seconded by Bigler and passed that the City Manager be authorized to ad- vertise for bids to be received October 17th for an 8 -month's supply of Pipe Repair Sleeves and Couplings for Ware- house Stock. Motion by Bigler, seconded by Roberts and passed that the City Manager be authorized to ad- vertise for bids to be received October 31st on Automotive Equipment on either 1956 or 1957 models, preferably both a total of 45 units. Motion by Maldonado, seconded by Bigler and passed that the City Manager be authorized to ' advertise for bids to be received October 24th on 180 - one gallon cans and 10 - 54 gallon cans of Anti -Freeze, the estimated current year's requirements. Motion by Maldonado, seconded by Roberts and passed that the City Manager be authorized to-' advertise for bids to be received October 24th on 4,000 feet of 2k" Fire Hose. Motion by Bigler, seconded by Roberts and passed that the bid for Commercial Fertilizer for Park Areas and the Golf Course be awarded to Young Wise Seed Company, the low bidder, for a total of $3,150.00. (See Bid Tabulation #118 in File). Motion by Culli, seconded by Maldonado and passed that the date of Tuesday, October 30th, at 2:00 p. m., be set for a public hearing on an amendment to the Zoning Ordinance, and 2 zoning applications. Motion by Roberts, seconded by Culli and passed, with Commissioner Bigler abstaining from voting, that the request of Burnett Construction Co. for a Change Order in connection with the construction of the Broadway Sewage Treatment Plant to delete the fencing, be denied as recommended by the Director of Public Works and the City Attorney. Motion by Bigler, seconded by Roberts and passed that the City assume the paving assessments in connection with the Staples Street Assessments on property claimed as homestead, as recommended by the City Attorney and the Director of Public Works in view of the City's policy to leave no skip in the paving. following letter: Mr. Frank Harrison, Chairman of the Aviation and Industrial Advisory Board, read the ' "As a result of a series of Meetings held by the Aviation Advisory Board, the Board unanimously approves the City Council's plan for the new air- port as presented'by Mayor Smith to a joint meeting of the Aviation Ad- visory Board and the Area Development Committee on September 7, 1956. The Board feels that this is a feasible plan and after the Bond Issue is passed there is no foreseeable obstacle to prevent the construction of the new express type airport in the immediate future. "We also feel that the City Council should delegate the authority to the Advisory Board to recommend policy decisions to the City Council with respect to the construction and operation of the new airport." Mayor Smith announced that in connection with the lands to be acquired for the new airport site, that every option already taken and to be taken has been taken and will be takenin the City's name solely and exclusively; that the prices paid on each individual tract of land will be approved by a committee composed of at least two or more presidents of local banks, and has been assured by the Corpus Christi State National Bank that either Mr. Burton Dunn and Mr. Jeff Merriman or Mr. George Clark will be willing to serve on that Board, together, with representatives of the Corpus Christi Real Estate Board, and Airport Advisory Board to inspect each and every price paid. To further safeguard the public's interest, the Federal Government must be satisfied in every instance He stated that he and the Council requested that these gentlemen, a committee of Bankers, Real Estate men and Air port Advisory Board to advise with the City of these matters. Motion by Culli, seconded by Maldonado and passed that the following people be appointed judges to replace those unable to serve at the Election on October 6th, in the precincts mentioned: Mrs. Harmon McNeil, Precinct 5; Mrs. E. J. Denton, Precinct 8; and Ramon Canales, Precinct`ll. ORDINANCE NO. 4636 AMENDING ORDINANCE NO. 4596 ENTITLED "AN ORDINANCE PRESCRIBING THE TAXES TO BE LEVIED, ASSESSED AND COLLECTED BY THE CITY OF CORPUS CHRISTI, TEXAS, FOR THE YEAR 1956, AND FOR EACH SUCCEEDING YEAR THEREAFTER UNTIL OTHERWISE PROVIDED AND ORDAINED: AND DECLARING AN EMERGENCY" SO AS TO PROVIDE FOR AN AD VALOREM TAX RATE FOR THE YEAR OF 1956 OF A TOTAL OF $1.46 ON EACH ONE HUNDRED DOLLARS OF VALUA- TION; AND DECLARING AN EMERGENCY. 11.5 The Charter Rule was suspended by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts -Aye B. E. Bigler Aye Manuel P. Maldonado Aye ORDINANCE NO. 4637 PROVIDING WHEN TAXES SHALL BE DUE AND WHEN TAXES SHALL BECOME DELINQUENT; PROVIDING THE METHOD FIXING PENALTY AND INTEREST ON DELINQUENT TAXES; PRO- VIDING THAT THE LIEN FOR TAXES SHALL INCLUDE TAXES, DELINQUENT TAXES, IN- TEREST, PENALTIES, -ATTORNEY'S FEES AND COSTS OF SUIT; PROVIDING DUTIES OF ASSESSOR AND COLLECTOR OF TAXES IN REGARD TO DELINQUENT TAXES; AND DECLAR- ING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye Minor Culli Aye W. -J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye ORDINANCE N0. 4638 AMENDING ORDINANCE NO. 4326, PASSED AND APPROVED ON THE 31ST DAY OF AUGUST, 1955, ENTITLED "AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE LEASE AGREEMENTS WITH THE FOLLOWING, COVERING LEASES AT CUDDIHY FIELD, NUECES COUNTY, TEXAS: CLAUDE W. GLASSON,D/B/A GLASSON FLYING SERVICE, FOR THE SOUTHEAST QUARTER OF HANGAR NO. 652; AIRCRAFT INCORPORATED FOR THE NORTHWEST -ONE-HALF OF HANGAR NO. 652; ERNEST A BROWN, JR., D/B/A BROWN AVIATION, FOR THE SOUTHWEST. QUARTER OF HANGAR NO. 653; J. T. IRWIN, D/B/A IRWIN DUSTING COMPANY, FOR THE NORTHEAST QUARTER OF HANGAR NO. 652; ROGER L. GUALT AVIATION, FOR ALL OF HANGAR NO. 651; FOREST L. POWERS, D/B/A POWERS SERVICE, FOR THE SOUTHEAST -QUARTER OF HANGAR N0. 653 AND THE NORTHWEST QUARTER OF HANGAR NO. 653; LA GLORIA OIL AND GAS COMPANY FOR THE NORTHEAST QUARTER OF HANGAR NO. 653, A SCHEDULE SETTING FORTH THE NAME OF SUB -LESSEE, PROPERTY SUB -LEASED, TERM OF SAID SUB -LEASE, FEE AND PURPOSE, BEING ATTACHED HERETO AND MADE A PART HEREOF, TOGETHER WITH A FORM OF THE AGREEMENT USED FOR SUCH SUB -LEASES; AND DECLARING AN EMERGENCY", BY SUBSTITUTING GULF COAST AVIATION, INC., AS LESSEE, IN LIEU OF AIRCRAFT, INC., FOR THE NORTHWEST ONE-HALF OF HANGAR NO. 652; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye. Manuel P. Maldonado Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye Minor Culli Aye W'. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Harry Hoax presented a letter from J. A. Blackwell, of the Real Estate Board stating that they did not have any qualified appraisers available to make the appraisal requested by the City in connection with the Morris Liedeker property on Port Avenue, and they suggested that either of two local A. M. I. members be contacted for qualified personnel to make the appraisal. Mr. Hoag suggested that he be allowed to contact either of two members of A. M. 1. in Corpus Christi. Mayor Smith stated that either would be acceptable to the City, and asked that the record reflect that the Council received a memorandum from Harry Hoag delaying the appraisal of a piece of property on Port Avenue pertaining to the abandonment of certain streets. ORDINANCE NO. 4639 AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO ACCEPT A DEDICATION DEED FROM THE UNITED STATES OF AMERICA, ACTING BY AND THROUGH THE ADMINISTRATOR OF GENERAL SERVICES, TO A TRACT OF LAND 10 FEET.IN WIDTH AND 200.96 FEET IN LENGTH AND BEING THE EAST 10 FEET OF LOTS 1, 2, 3 AND 4, BLOCK 5, OF THE BLUFF PORTION OF THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, SAID LAND TO BE USED FOR STREET WIDENING PUR- POSES, A COPY OF WHICH DEED IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. 116 The Charter Rule was suspended by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye Minor Culli -Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye There being no further business to come before the Council, the meeting was adjourned. PRESENT: Mayor Farrell D. Smith Commissioners: W. J. Roberts Minor Culli B. E. Bigler REGULAR COUNCIL MEETING October 10, 1956 2:00 p. m. City Manager Russell E. McClure Assistant City Attorney J. F. Park City Secretary T. Ray Kring, Mayor Farrell D. Smith called the meeting to order., The Invocation was given by Father W. C. Murray, of Christ the King Church. City Secretary Kring called the roll of those in attendance. Motion by Bigler, seconded by Roberts and passed that the Minutes of the Special Meeting of September 25th and the Regular Meetings of September 26th and October 3rd, 1956, be approved. Mayor Smith announced the opening of bids. Bids were opened and read for Rest Rooms for Ben Garza and Evelyn Price Parks from the following: Price Construction Co. Hinchberger Construction Co. C. L. Castor Construction Co. Motion by Bigler, seconded by Roberts and passed that the foregoing,,bids be tabled for 48 hours as required by the City Charter, and referred to the City Manager for tabulation. Bids were opened and read for Brass -Service Fittings from the following: Alamo Iron Works Eclipse Fuel Eng. Co. Ford Meter Box Co. SAMSCO Wallace Co., Inc. Watts Hardware & Supply Co. Welsbach Co. Mueller Co. Crane Co. Motion by Roberts, seconded by Bigler and passed that the foregoing bids be tabled for 48 hours as required by City Charter, and referred to the City Manager for tabulation. A bid was opened and read for 675 tons Liquefied Chlorine from the Columbia -Southern Chemical Corp., the only firm bidding. Motion by Maldonado, seconded by Roberts and passed that the foregoing bid be tabled for 48 hours as required by the City Charter, and referred to the City Manager for tabulation. Bids were opened and read for 3 Validating & Receipting Machines from the following: Burroughs Business Offiee Equipment Company Motion by Culli, seconded by Bigler and passed that the foregoing bids be tabled for 48 hours as required by the City Charter, and referred to the City Manager for tabulation. Mayor Smith announced the next item on the agenda was a pending item, that of the application of The Transport Company of Texas for a change in zoning from "R-1" One -Family Dwelling District to "B-1" Neighborhood Business District on property at the SE corner of Rabbit Run and Horne Roads. Motion by Bigler, seconded by Maldonado and passed that the recommendation of the Zoning & Plann- ing Commission be accepted, and the application be granted. City Manager McClure presented for action by the Council, the application of F. A. Mosley for a 11'7 change in zoning from "R-1" One -Family Dwelling District to "B-1" Neighborhood Business District on a tract of land out of the South corner of the Tract I. Paisley Subdivision of the Hoffman Tract, which had been taken under advise went at the public hearing on May 22nd, 1956. Mr. McClure reminded the Council that this application involved a triangular piece of land, that the "B-1" zoning would square up the zoned area, and that the recommendation of the Zoning & Planning Commission was for approval, subject to the filing of final plat of the area for record. Motion by Bigler, seconded by Roberts and passed that the recommendation of the Zoning & Planning Commission be accepted, and the application be granted. City Manager McClure presented for action by the Council, the application of Frank & Morris Braslau for a change in zoning from "R-1" One -Family Dwelling District to "B-3" Secondary Business District on 3.28 acres of land out of Tract I, Paisley's Subdivision of the Hoffman Tract, near the intersection of South Staples Street and Everhart Road, which had been taken under advisement at the public hearing on May 22nd, 1956. Mr. Mc- Clure reminded the Council that the recommendation of the Zoning & Planning Commission had been for denial on the basis of no public necessity had been demonstrated by the applicant and it does not conform to the plans for the area. Motion by Roberts, seconded by Maldonado that the zoning be changed to "B-3", subject to a proper plat being filed and with off-street parking provided in accordance with the requirement of the Zoning & Planning Commission. On vote, Commissioners Culli and Bigler voted "Nay". David Mendlewitz, representing the Braslaus, requested that Commissioners Culli and Bigler dis- qualify themselves, or abstain from voting on the question, on the grounds that each had a minor personal interest in the area. Commissioners Culli and Bigler took exception to Mr. Mendlewitz' inference, and Commissioner Cull stated that he had voted "no" because he felt the Council did not have the right to over -rule the Zoning & Planning Commission's recommendations when the Commission had given it so much more study than the Council had been able to give it. Mayor Smith stated that he voted "Aye" on the question, but that a three-fourths vote was requi of those voting to over -rule a recommendation of the Zoning & Planning Commission, and that since the vote was only 3 "Ayes" out of 5 voting, instead of the required 4 "Ayes", the motion did not pass, and hence the zoning of the property remains unchanged. City Manager McClure presented for action by the Council, the application of Mrs. Dahlia McCord Carpenter and Simon & Edward Grossman for a change of zoning from "R-1" One -Family Dwelling District to "B-1" Neigh borhood Business District on 5.21 acres out of Tracts I and II, Paisley's Subdivision of the Hoffman Tract, gener- ally being that property fronting 740' along the east side of South Staples Street and extending to a depth of 240' north of and adjacent to the Gulf Coast Broadcasting Co. tract, which had been taken under advisement at the public hearing on July 24th, 1956. Mr. McClure reminded the Council that the recommendation of the Zoning & Planning Commission had been for denial until such time as the applicants were ready to show an economic need and present satisfactory plans providing adequate parking. Oscar Spitz, appearing for the Grossmans, requested before the motion was made or any vote taken, that Commissioners Culli and Bigler either refrain from voting or disqualify themselves, because of a personal interest in Parkdale Plaza which would be in direct competition with his clients if their application was granted. He further stated that he believed his clients had shown an economic need by the fact that people are eager and anxious to put businesses right in this spot by written statements, and that he considered the Council was acting as a Board of Review in zoning cases and that it was not a case of "over -ruling" the Commission. Commissioner Culli stated that he was going to lease a store in Parkdale Plaza and pay a high ren for it, but that his reason for voting "Nay" was that he was following the recommendation of the Zoning & Planning Commission, and also that he would not vote for a business zoning.where such zoning was being predicated on getting more money for street paving, and further that Cities of comparable size have only 4% zoned for business, while Corpus Christi already had 12% zoned for business. Commissioner Bigler stated that he had been awarded the bid on Parkdale Plaza in competitive bidding against a number of other contractors and that his bid was $30,000.00 lower than any other, and that for this reason he didn't feel that he owed them anything except a good job completed. Mayor Smith stated that he wished to clarify one point that was made that voting might be predi- II cated on getting more money -for the streets. He stated that while it was true that the assessment would increase if the property were zoned for business,' his affirmative vote was not predicated whatsoever on that basis, simply on the fact that under the rules and evidence presented that -he considered applicable, he had voted for it. He stated that the ordinance for paving of Staples Street was on the agenda for today for awarding of a construction contract and to set a date for a public hearing, and that it would not be fair and proper to decide these matters afterwards, but that it ought to be voted one way or the other prior to determining the assessments. Tom Pogue, appeared on behalf of Mrs. Carpenter, and stated that he felt that the applicants had shown that the request was in the public interest and that there was an economic need for the business zoning. Motion by Roberts, seconded by Bigler and passed with Commissioner Maldonado voting "Nay", that the recommendation of the Zoning & Planning Commission be accepted, and the application be denied. Mayor Smith invited anyone in the audience with petitions or information for the Council on matters not scheduled on the agenda to come forward. No one appeared. Mayor Smith announced the Council would next hear the City Manager's Reports. Motion by Bigler, seconded by Roberts and passed that the City Manager be given authority to advertise for bids to be received October 24th for Valves & Fittings for the Gas Division for Warehouse Stock. Motion by Culli; seconded by Roberts and passed that the City Manager be authorized to advertise for bids to be received October 31st for Mechanical Joint Valves & Tapping Sleeves & Valves. Motion by Bigler, seconded by Roberts and passed that the City Manager be authorized to adver- tise for bids to be received November 7th for Water Tank Repair, Painting & Cleaning. Motion by Culli, seconded by Roberts and passed that the City Manager be authorized to advertise for bids to be received October 31st for a quantity of Cast Iron or Asbestos Pipe for Warehouse Stock. Motion by Culli, seconded by Maldonado and passed that the bid for Alterations to Cliff Maus Air- port Tower be awarded to Price Construction Company, theilow bidder, for a total of $3,170.00 for temporary repairs requested by C. A. A. (See Bid Tabulation #119 in File). Motion by Roberts, seconded by Maldonado and passed, with Commissioners Culli and Bigler abstain- ing, and Mayor Smith voting "Aye", that the bid for Staples Street Improvements from Hamlin Drive to Gollihar Road, be awarded to Heldenfels Brothers, the low bidder, for $176,508.60. (See Bid Tabulation #120 in File). Motion by Bigler, seconded by Roberts and passed that the Tax Error & Correction List and Supple- mental Tax Roll for September 1956, be approved. Motion by Culli, seconded by Bigler and passed that the bid for North. Beach Collection System be awarded to T. H. Lee Company, the low bidder for $246,339.81. (See Bid Tabulation #121 in File). ORDINANCE NO. 4639 AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE A CONTRACT WITH HELDENFELS BROTHERS FOR OONSTRUC- TION OF STAPLES STREET IMPROVEMENTS FROM HAMLIN TO GOLLIHAR IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, BEING PART 2 OF PROJECT 1-2, AS MORE FULLY DESCRIBED IN THE PLANS, SPECIFICATIONS AND CONTRACT DOCUMENTS MADE A PART HEREOF BY REFERENCE; APPROPRIATING THE SUM OF $113,264.60 AS FOLLOWS: $85,043.40 FROM NO. 220 STREET BOND IMPROVEMENT FUND AND $28,221.20 FROM NO. 295 STORM SEWER BOND IMPROVEMENT"FUND, OF WHICH $104,439.17 IS FOR THE CONSTRUCTION CONTRACT AND $8,825.43 IS FOR CONTINGENCIES; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye Minor Culli Abstained W. J. Roberts Aye B. E. Bigler Abstained Manuel P. Maldonado Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye Minor Culli. Abstained .W. J. Roberts Aye B. E. Bigler Abstained Manuel P. Maldonado Aye ORDINANCE NO. 4640 DETERMINING THE NECESSITY FOR AND ORDERING THAT THE PORTION OF SOUTH STAPLES STREET FROM THE SOUTHEASTERN BOUNDARY LINE OF HAMLIN DRIVE TO A POINT 853.7 FEET SOUTHEAST OF THE SOUTHEASTERN BOUNDARY LINE OF EVERHART ROAD, EVERHART ROAD FROM THE SOUTHWESTERN BOUNDARY LINE OF SOUTH STAPLES STREET TO THE SOUTH- WESTERN BOUNDARY LINE OF GOLLIHAR ROAD, AND GOLLIHAR ROAD FROM THE SOUTHEAST- ERN BOUNDARY LINE OF EVERHART ROAD TO THE SOUTHWESTERN BOUNDARY LINE OF SOUTH STAPLES STREET BE INPROVED; AND REQUIRING THE DIRECTOR OF PUBLIC WORKS TO PRE- PARE AND FILE PLANS AND SPECIFICATIONS FOR.THE PROPOSED IMPROVEMENTS; REQUIRING THE CITY SECRETARY TO FILE A NOTICE IN THE OFFICE OF THE COUNTY CLERK OF NUECES COUNTY OF THE ACTION HEREIN; PROVIDING HOW SUCH IMPROVEMENTS SHALL BE PAID; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye . Minor Culli Abstained W. J. Roberts Aye B. E. Bigler. Abstained Manuel P. Maldonado Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye Minor Culli Abstained W. J. Roberts Aye B. E. Bigler Abstained Manuel P. Maldonado Aye ORDINANCE NO. 4641 APPROVING AND ADOPTING THE DIRECTOR OF PUBLIC WORKS' WRITTEN STATEMENT AND RE- PORT OF THE ESTIMATES OF THE VARIOUS COSTS FOR THE IMPROVEMENT OF THE PORTION OF SOUTH STAPLES STREET FROM THE SOUTHEASTERN BOUNDARY LINE'OF HAMLIN DRIVE TO A POINT 853.7 FEET SOUTHEAST OF THE SOUTHEASTERN BOUNDARY LINE OF EVERHART ROAD, THE PORTION OF EVERHART ROAD FROM THE SOUTHWESTERN BOUNDARY LINE OF SOUTH STA- PLES STREET TO THE SOUTHWESTERN BOUNDARY LINE OF GOLLIHAR ROAD, AND THE PORTION OF GOLLIHAR ROAD FROM THE SOUTHEASTERN BOUNDARY LINE OF EVERHART ROAD TO THE SOUTHWESTERN BOUNDARY LINE OF SOUTH STAPLES STREET, AND THE STATEMENTS OF THE NAMES OF THE APPARENT OWNERS, DESCRIPTIONS AND NUMBER OF FRONT FEET OF ABUTTING PROPERTY OF SAID STREETS WITHIN SAID LIMITS; DETERMINING AND FIXING THE PORTION OF SAID COSTS, AND THE RATE THEREOF, TO BE PAID BY AND ASSESSED AGAINST SAID ABUTTING PROPERTY, AND THE REAL AND TRUE OWNERS THEREOF, AND THE PORTION THEREOF TO BE PAID BY THE CITY OF CORPUS CHRISTI, TEXAS: DETERMINING THE NECESSITY OF LEVYING AN ASSESSMENT AGAINST SAID ABUTTING PROPERTY,.AND THE REAL AND TRUE OWNERS THEREOF, FOR THE PART OF SAID COST APPORTIONED THEM; ORDERING AND SETTING A HEARING TO BE HELD AT 2:00 O'CLOCK Y.M., ON THE 24TH DAY OF OCTOBER, 1956, IN THE COUNCIL CHAMBERS OF THE CITY HALL IN CORPUS CHRISTI AS THE TIME AND PLACE FOR HEARING OF THE REAL AND TRUE OWNERS OF SAID ABUTTING PROPERTY, AND ALL OTHERS INTERESTED IN SAID PROPERTY OR IN SAID PROCEEDINGS CONCERNING SAID ASSESSMENTS AND PROCEEDINGS; DIRECTING THE CITY SECRETARY TO GIVE NOTICE OF SAID HEARING AS REQUIRED BY THE LAWS OF THE STATE OF TEXAS AND THE CHARTER OF THE CITY OF CORPUS CHRISTI, TEXAS, AND FURTHER, DIRECTING SAID CITY SECRETARY IN ADDITION TO THE CONTENTS OF THIS NOTICE OF SAID HEARING AS REQUIRED BY LAW, WHICH SHALL BE VALID AND SUFFICIENT IN ITSELF, TO INCLUDE THEREIN A LIST OF THE APPARENT OWNERS AND DESCRIPTION OF SAID ABUTTING PROPERTY AS SET OUT IN SAID REPORT OF THE DIRECTOR OF PUBLIC WORKS AND PROVIDING THAT SAID LIST OF APPARENT OWNERS SHALL NOT BE CONCLUSIVE OF SAID OWHERSHIP AND SHALL NOT LIMIT SAID NOTICE TO SUCH OWNERS' NAMES OR THE PROPERTIES DESCRIBED, AND THE SAID NOTICE SHALL NEVER- THELESS BE DIRECTED TO THE REAL AND TRUE OWNERS OF SAID ABUTTING PROPERTY, WHE- THER NAMED OR CORRECTLY NAMED OR NOT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Minor Culli W. J. Roberts B. E. Bigler Manuel P. Maldonado The foregoing ordinance was passed by the following vote: Farrell D. Smith Minor Culli W. J. Roberts B. E. Bigler Manuel P. Maldonado Aye Abstained Aye . Abstained Aye Aye Abstained Aye - Abstained Aye 119 120 ORDINANCE NO. 4642 AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE A CONTRACT WITH T. H. LEE, CONTRACTOR, FOR THE CON- STRUCTION OF NORTH BEACH COLLECTION SYSTEM, PROJECT 8-8, IN THE CITY OF COR- PUS CHRISTI, NUECES COUNTY, TEXAS, AS MORE FULLY DESCRIBED IN THE PLANS, SPECIFICATIONS AND CONTRACT DOCUMENTS, MADE A PART HEREOF BY REFERENCE; AP PROPRIATING FROM NO. 297 SANITARY SEWER SYSTEM BOND IMPROVEMENT FUND, THE SUM OF $259,938.81, OF WHICH $246,339.81 IS FOR THE CONSTRUCTION CONTRACT AND $13,599.00 IS FOR CONTINGENCIES; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote:. Farrell D. Smith Aye Minor Culli . Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye ORDINANCE NO. 4643 BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, CANVASSING RETURNS AND DECLARING RESULTS OF AN ELECTION ON THE QUESTION OF THE ISSUANCE OF THE FOLLOWING BONDS: $3,200,000.UU AIRPORT BONDS; .$4,430,000.00 FREEWAY AND BRIDGE BONDS; $615,000.00 STREET AND STORM SEWER BONDS; $395,000.00 COLI- SEUM AND EXPOSITION HALL IMPROVEMENT BONDS; $350,000.00 OSO BAY SEWAGE DIS- POSAL ISPOSAL AND RECLAMATION BONDS; $150,000.00 BAY FRONT IMPROVEMENT REVENUE BONDS AND $675,000.00 SOUTH STAPLES STREET AREA STREET AND STORM SEWER BONDS, AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: 'Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye ORDINANCE NO. 4644 t CANVASSING RETURNS AND DECLARING RESULT OF AN ELECTION ON THE QUESTION OF WHETHER OR NOT THE CITY SHOULD ENTER INTO A LEASE AGREEMENT WITH CORPUS CHRISTI BANK AND TRUST COMPANY, TRUSTEE COVERING A PORTION OF THE AIRPORT PROPERTY OF THE NEW MUNICIPAL AIRPORT, FOR A TERM OF THIRTY (30) YEARS; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Minor Culli W. J. Roberts B. E. Bigler Manuel P. Maldonado The foregoing ordinance was passed by the following vote: Farrell D. Smith Minor Culli W. J. Roberts B. E. Bigler Manuel P. Maldonado ORDINANCE NO. 4645 Aye Aye Aye Aye Aye Aye Aye Aye Aye Aye CANVASSING RETURNS AND DECLARING RESULT OF AN ELECTION CONCERNING THE REGU- LATION OF DOGS IN THE CITY OF CORPUS CHRISTI: AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye 1211 The foregoing ordinance was passed by the following vote:_ Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye ORDINANCE NO. 4646 AMENDING AN ORDINANCE ENTITLED "AN ORDINANCE AMENDING THE RULES AND REGULATIONS OF THE CIVIL SERVICE BOARD OF THE CITY OF CORPUS CHRISTI BY ADDING ARTICLE 20 PROVIDING FOR THE ADOPTION AND ADMINISTRATION OF THE POSITION CLASSIFICATION PLAN FOR ALL OFFICES AND POSITIONS IN THE CLASSIFIED SERVICE", AND BEING ORDI- NANCE NO. 3648, PASSED AND APPROVED BY THE CITY COUNCIL ON THE 10TH DAY OF FEBRUARY, 1954, AS AMENDED, BY AMENDING SECTION 4 OF SAID ARTICLE 20 AS FOLLOWS: BY CHANGING THE FOLLOWING CLASS GRADES IN THE ENGINEERING AND SCIENCES GROUP: JUNIOR ENGINEER I FROM 20 TO 25; JUNIOR ENGINEER.II FROM 23 TO 27; CIVIL ENGI- NEER FROM 26 TO 29; SENIOR CIVIL ENGINEER FROM 29 TO 31; ASSISTANT GENERAL SUPERINTENDENT (SEWER SYSTEM) FROM 26 TO 28; WATER DISTRIBUTION SUPERINTENDENT FROM 29 TO 31; GAS SERVICE ENGINEER FROM 28 TO 29; SENIOR GAS ENGINEER FROM 29 TO 31; CONSTRUCTION INSPECTOR FROM 22 TO 24; BY CHANGING THE GRADE OF COMMERCIAL OFFICE MANAGER IN THE ACCOUNTING SERIES OF THE FISCAL AND ACCOUNTING GROUP FROM 2810 29; AND THE GRADE OF ASSISTANT BUYER IN THE PURCHASING AND STORES SERIES OF THE FISCAL AND ACCOUNTING GROUP FROM 16 TO 18; BY ADDING CLASS TITLE ENGINEER'S ASSISTANT II, GRADE 250 TO THE SUB -PROFESSIONAL ENGINEERING SERIES OF THE ENGINEERING AND SCIENCES GROUP, AND CHANGING CLASS TITLE ENGINEERS ASSISTANT, CLASS GRADE 23, TO ENGINEER'S ASSISTANT I; BY DELETING CLASS TITLE PERSONNEL OFFICER, CLASS GRADE 27, IN THE GENERAL ADMINISTRATIVE SERIES OF THE ADMINISTRATIVE AND CLERICAL GROUP, AND ADDING THE CLASS TITLES RIGHT-OF-WAY COORDINATOR, CLASS GRADE 23; SENIOR RIGHT-OF-WAY COORDINATOR, CLASS GRADE 29; AND PROPERTY OFFICER, GRADE 25; CONTAINING A SAVINGS CLAUSE; PROVIDING FOR AN EFFECTIVE DATE; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye ORDINANCE N0. 4647 AMENDING AN ORDINANCE ENTITLED "AN ORDINANCE ADOPTING AND PROVIDING FOR THE ADMINISTRATION OF THE COMPENSATION PLAN FOR ALL POSITIONS IN THE CITY SERVICE; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE", AND BEING ORDINANCE NO. 3656 PASSED AND APPROVED BY THE CITY COUNCIL ON THE 10TH DAY OF FEBRUARY, 1954, AS AMENDED, BY AMENDING SUBSECTION (b) OF SECTION 1 SO AS TO ADD STEP 40 TO THE SALARY SCHEDULE; BY AMENDING SUBSECTION (e) OF SECTION 1 BY CHANGING THE SALARY GRADE OF TAX ASSESSOR -COLLECTOR FROM 29 TO 30; CITY ENGINEER (PRINCIPAL CIVIL ENGINEER) FROM 32 TO 33; GENERAL SUPERINTENDENT (GAS SYSTEM) FROM 32 TO 34; GENERAL SUPERINTEN- DENT (WATER SYSTEM) FROM 32 TO 34; CITY SECRETARY FROM 31 TO 32; AND CITY ATTOR- NEY FROM 39 TO 40; BY AMENDING SUBSECTION (e) BY ADDING TO THE ADMINISTRATIVE AND EXECUTIVE GROUP THE FOLLOWING TITLES: ASSISTANT TO CITY MANAGER IN SALARY GRADE 31, AND PERSONNEL OFFICER IN SALARY GRADE 25; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR AN EFFECTIVE DATE; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye Minor Culli' Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Motion by Culli, seconded by Maldonado and passed that the effective date for the two preceeding ordinances with reference to pay increases be November 1, 1956. -:i 122 ORDINANCE N0. 4648 AUTHORIZING THE CITY MANAGER TO SECURE OPTIONS TO PURCHASE FOR AND ON BEHALF OF THE CITY, AND PAY THE NECESSARY CONSIDERATION NOT TO EXCEED ONE PERCENT (1%) OF THE PURCHASE PRICE PROVIDED IN SUCH OPTION AGREEMENTS FOR THE LAND COMPRISING APPROXIMATELY 1,590 ACRES, OR SO MUCH MORE AS MAY BE REQUIRED TO PUT IN EFFECT AIRPORT PLANS, FOR A NEW AIRPORT SITE FOR THE CITY OF CORPUS CHRISTI; APPROPRIATING THE SUM OF $20,000.00 OUT OF NO. 245 AIRPORT BOND IMPROVEMENT FUND TO BE USED FOR THE PAYMENT OF THE CONSIDERATION FOR SUCH OPTIONS; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Minor Culli W. J. Roberts B. E. Bigler Manuel P. Maldonado The foregoing ordinance was passed by the following vote: Farrell D. Smith Minor Culli W. J. Roberts B. E. Bigler ManuAl P. Maldonado Aye Aye Aye Aye Aye Aye Aye Aye Aye - Aye An ordinance with reference to an appropriation for procurement of right-of-way required in the construction of Units 5 and 6 of the Gollihar Storm Sewer System was deferred at the request of the City Manager for further study. a Motion by Culli, seconded by Roberts and passed that the third and final reading of an ordinance granting Southwestern Oil & Refining Co. a franchise relating to a pipeline in Nueces Bay Boulevard be deferred until the regular meeting of October 17th. There being no further business to come before the Council, the meeting was adjourned. PRESENT: Mayor Farrell D. Smith Commissioners: W. J. Roberts Minor Culli B. E. Bigler Manuel P. Maldonado REGULAR COUNCIL MEETING October 17, 1956 2:00 p. m. City Manager Russell E. McClure Acting City Attorney J. F. Park City Secretary T. Ray Kring Mayor Farrell D. Smith called the meeting to order. The Invocation was given by Mr. Dan McLendon, Educational Director of First Baptist Church. City Secretary Kring called the roll of those in attendance. Motion by Culli, seconded by Maldonado and passed that the Minutes of the Regular Meeting of October 10th be approved. Bids were opened and read for Pipe Repair Sleeves and Couplings from the following: Dresser Industries, Inc. Republic Supply Company Motion by Culli, seconded by Roberts and passed that the foregoing bids be tabled for 48 hours as required by the City Charter, and referred to the City Manager for tabulation. It was announced that both SAMSCO and Crane Company had advised in answer to the bid invitation that their reason for submitting a "no bid" was that Dresser Industries, Inc. had notified them that they were bidding direct on this invitation, and therefore SAMSCO and Crane Company had no source of supply on which to bid. Mayor Smith announced the Council would next consider three pending items of zoning applications. In connection with the application of Mrs. Laura Arbogast for a change of zoning from 11R-1" One - Family Dwelling District to "B-1" Neighborhood Business District on Lots 6 & 7, Block 12, Villa Gardens Addition, located at 623-627 Van Cleve, which had been tabled for further study at the public hearing held September 25th, " 1956, Mayor Smith stated that he understood that some relief had been given this case through the Board of Adjust- ment. Motion by Bigler, seconded by Roberts and passed that the application be held under advisement. 123 Motion by Roberts, seconded by Bigler and passed that the application of W. R. Reid for a change of zoning from "R-1" One -Family Dwelling District to "R-2" Two -Family Dwelling District on a 0.71 acre tract out of the original W. E. Pope 170.14 acre tract in Port Aransas Cliffs, adjacent to and South of Lamar Park, taken under advisement at the public hearing held September 25th, 1956, be granted. Motion by Bigler, seconded by Roberts and passed that the application of H. R. Applebaum, J. C. Lowman & W. A. Bratton for a change of zoning from "R-1" One -Family Dwelling District to "L -I" Light Indus- trial District on 27.8 acres more or less fronting 940' along the East side of Weber Road beginning at the unnamed road lying immediately South of Lexington Boulevard and extending to a depth of 1295' plus or minus, taken under advisement at the public hearing held September 25, 1956, be held under advisement. Mayor Smith invited anyone with petitions or information for the Council on matters not scheduled on the agenda to come forward. Harold Alberts, attorney, appearing in behalf of Frank & Morris Braslau, requested that the Mayor reverse his ruling made at the regular Council meeting of October 10th, in respect to the decision on the application of the Braslaus for a change of zoning from "R-1" One -Family Dwelling District to "B-3" Secondary Business District on 3.28 acres of land out of Tract I. Paisley's Subdivision of the Hoffman Tract, near the inter- section of South Staples Street and Everhart Road, on the grounds that the ruling had been in error. He cited the law of the State of Texas, and the City Charter governing zoning cases to prove his point that such changes in the zoning boundaries require only a majority affirmative vote of the Council, and also that the Council was not over- ruling a decision of the Zoning & Planning Commission since he contended that the law clearly states that such planning boards have only the power to recommend to the Council and all legislative power is vested in the Council, He stated.that State Statute 1101 (e) reads that if 20% of the adjoining property owners within 200 feet of the property in question object to such change in the zoning boundaries, then it requires a three-fourths affirmative vote of the Council to make such change, and that the City Charter in Section 16, Article II, embodies the same wording. He requested the Mayor to reverse his decision on the basis that the motion had passed due to the fact that there had been no objection of the property owners filed with the City Secretary. Mayor Smith replied that from the evidence just presented, he believed that Mr. Alberts was correct, and stated that he would like the Legal Department to review the matter just presented and make its recom- mendation through the City Manager to the Council, before changing his ruling. The Acting City Attorney was directed to brief, study and make recommendation to the City Manager, if possible for the next regular Council meeting. Mr. Alberts stated that when the decision has been reversed and the application of the Braslaus thereby granted, his clients do not want to evade their portion or share of the paving assessments p for the South Staples Street improvements. Mr. H. R. Applebaum, the applicant on the zoning case held under advisement above, requested that due to the objection of the School, that the entire 940' on Weber Road with a depth of 2871, be eliminated from his application and from the plat, thereby eliminating the hardship angle from his application, and his could still use their property as a non -conforming use. He pointed out that starting at Lexington coming down Weber, the National Builders owned 325', the next 225' is owned by Bratton, the next 240' by National Builders, and the last 150' of the 940' of the application is owned by Mr. Parks, and that all these lots are 287' deep. In answer to the Council's -question as to whether Mr. Applebaum was'able to use any zoning other than "L -I", he answered that he was not certain whether a 11B-3" would allow Carnation Dairy Company to operate Mr. Applebaum was requested to check the intended use and possible leases for the property and the minimum degree of zoning allowing such uses with Zoning & Planning for recommendation to the Council. Mayor Smith stated that he wished to comment on the conditions of gambling in the City and further stated that he had discussed the matter on two occasions, the first time back in February and then again today. He reviewed briefly reports prepared by the Police Department and also referred to editorials in the local paper regarding the situation. Mayor Smith stated that under the Charter the City Manager is responsible for the 11 enforcement of all laws, and that henceforth he was expecting full compliance with the Charter provisions and was 11 1 124 expecting an improvement in the situation. Commissioner Maldonado concurred in the views of Mayor Smith. Other members of the Council stated that they had no comment at this time. City Manager McClure reviewed briefly the reports referred to, and stated that he, as City Manager, was interested in a good job of law enforcement being done and that if any improvements could be made, he certainly would urge that it be done. Commissioner Culli at this time stated that he thought the entire Council was interested in. - good law enforcement, and in his opinion, he said that the Police Department had done a good job and was to be commended for their accomplishments. Mayor Smith announced the Council would next hear the City Manager's Reports. Motion by Bigler, seconded by Roberts and passed that the award for Brass Service Fittings for Warehouse Stock be made to San Antonio Machine & Supply Co., at their total low bid of $21,595.58. (See Bid Tabulation #122 in File). Motion by Culli, seconded by Maldonado and passed that the award for 675 tons Liquefied Chlo- rine be made to the low bidder, Columbia -Southern Chemical Corp. at $4.05 cwt., haulage via City Trucks, or their alternate bid for emergency use, delivered to rail spur at Calallen, of $4.39 cwt. (See Bid Tabulation #123 in File) . Motion by Maldonado, seconded by Roberts and passed that the City Manager be authorized to, advertise for bids to be received November 7th for 50 Banquet Tables, 30" x 96". Motion by Roberts, seconded by Culli and passed that the award of Land Lease on the 0. N. Stevens Plant property be granted to W. C. Nicholson on a 3 -year cash basis,"for a total of $840.00. Mayor Smith, disqualified himself on this matter because of a possible personal interest. Motion by Bigler, seconded by Roberts and passed that the date of. November 7th be set for a,. public hearing, during the regular Council meeting at 2:00 p.m., for an application for a Special Council Permit f construction of a masonry motel on Lot.14, Ebony Acres Subdivision, SE corner of Leopard Street (Highway 9) and Lantana Street. City Secretary Kring read a Resolution No. 4649 expressing the gratitude and appreciation of the Mayor and City Commissioners of the City of Corpus Christi, Texas, to individuals, groups and organizations, exerting their time, effort and energy in connection with the recent bond election. Motion by Culli, seconded by Roberts and passed unanimously that the foregoing Resolution be adopted. RESOLUTION NO. 4649 EXPRESSING THE GRATITUDE AND APPRECIATION OF THE MAYOR AND CITY COMMI- SSIONERS OF THE CITY OF CORPUS CHRISTI, TEXAS, TO INDIVIDUALS, GROUPS AND ORGANIZATIONS, EXERTING THEIR TIME, EFFORT AND ENERGY IN CONNECTION WITH THE RECENT BOND ELECTION. The foregoing Resolution was passed by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye f B. E. Bigler Aye Manuel P. Maldonado Aye ORDINANCE N0. 4650 APPROPRIATING THE SUM OF $2,500.00 FROM NO. 295 STORM SEWER BOND IMPROVE- MENT FUND FOR PROCUREMENT OF RIGHT-OF-WAY REQUIRED IN THE CONSTRUCTION OF UNITS 5 AND 6, GOLLIHAR STORM SEWER SYSTEM, PROJECTS 3-3-56 AND 3-9-56, FROM CARROLL LANE TO AYERS STREET; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye 125 The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P.. Maldonado Aye ORDINANCE NO. 4651 AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE A CONTRACT WITH PRICE CONSTRUCTION COMPANY FOR CONSTRUCTION AND ALTERATIONS TO THE CONTROL TOWER AT CLIFF MAUS AIR- PORT IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, AS MORE FULLY DESCRIBED IN THE PLANS, SPECIFICATIONS AND CONTRACT DOCUMENTS, MADE A PART HEREOF BY REFERENCE; PROVIDING FOR PAYMENT OUT OF CODE 316 OF THE CURRENT AIRPORT BUDGET; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye ORDINANCE NO. 4652 AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE A CONTRACT WITH C. L. CASTOR CONSTRUCTION COMPANY FOR CONSTRUCTION OF REST ROOMS AT THE EVELYN PRICE AND BEN GARZA PARKS IN THE CITY OF CORPUS CHRISTI, NUE CES COUNTY, TEXAS, AS MORE FULLY DESCRIBED IN THE PLANS, SPECIFICATIONS AND CONTRACT DOCUMENTS, MADE A PART HEREOF BY REFERENCE; PROVIDING FOR PAYMENT OF $7,197.00 OUT OF MON-' IES PREVIOUSLY APPROPRIATED FOR PARK DEVELOPMENT ACCOUNT WITHIN THE GEN- ERAL FUND OF THE CURRENT BUDGET; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye ORDINANCE NO. 4653 AMENDING ORDINANCE NO. 4168, PASSED AND APPROVED ON THE 23RD DAY OF MARCH, 1956, APPEARING OF RECORD IN VOLUME 23, PAGE 624 ET SEQ OF THE ORDINANCE AND RESOLUTION RECORDS OF THE CITY AND ENTITLED "AN ORDINANCE ADOPTING AND PROMULGATING RULES AND REGULATIONS GOVERNING THE PLATTING OF LAND INTO SUB- DIVISIONS IN THE CITY OF CORPUS CHRISTI AND WITHIN A DISTANCE OF FIVE (5) MILES OF THE CORPORATE LIMITS OF THE CITY OF CORPUS CHRISTI, AND REQUIRING PLATS TO CONFORM TO SUCH RULES AND REGULATIONS IN ORDER TO PROCURE THE APPROVAL.OF THE CITY ZONING AND PLANNING COMMISSION OF THE CITY OF CORPUS. CHRISTI; DEFINING TERMS; FORBIDDING TRANSFERS OF LAND WITHOUT COMPLYING WITH THE TERMS OF THIS ORDINANCE;. REPEALING ORDINANCE NO. 1032 AND ORDI- NANCE NO. 1157 OF THE CITY OF CORPUS; PROVIDING PENALTIES FOR THE VIOLA- TION OF ANY OF THE PROVISIONS THEREOF; PROVIDING FOR THE PARTIAL VALIDITY OF SAID ORDINANCE; AND PROVIDING FOR THE EFFECTIVE DATE AND PUBLICATION OF SAID ORDINANCE; AND DECLARING AN EMERGENCY", AS AMENDED, BY AMENDING SUB- PARAGRAPH 7 OF PARAGRAPH B OF SECTION V SO AS TO PROVIDE THAT ALL TAPS, METER SERVICES, AND METER SETS ON EXISTING PUBLIC UTILITY WATER LINES OF THE CITY MUST BE MADE AND INSTALLED UNDER THE SUPERVISION AND DIRECTION OF THE GENERAL SUPERINTENDENT OF THE WATER DIVISION; CONTAINING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye 126 The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye T ORDINANCE NO. 4654 AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE A RELEASE OF SPECIAL ASSESSMENT IN THE A- MOUNT OF $250.34 AGAINST THAT CERTAIN PROPERTY FRONTING 47 FEET ON THE EAST SIDE OF THIRTEENTH STREET, DESCRIBED AS BEING LOT 12, BLOCK 6, BAY VIEW #2 ADDITION, AN ADDITION TO THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, AS SHOWN BY MAP OR PLAT THEREOF OR RECORD IN THE OFFICE OF THE COUNTY CLERK, NUECES COUNTY, TEXAS, AND THE OWNERS THEREOF, H. E. VAUX & WIFE LYDIA M. VAUX, FOR AND IN CONSIDERATION OF THE PAYMENT OF SUCH ASSESSMENT IN THE AMOUNT OF $250.34, A COPY OF WHICH RELEASE IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye The foregoing ordinance was passed by the following vote: - Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye ORDINANCE NO. 4655 AUTHORIZING AND DIRECTING THE CITY.MANAGER FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE A RELEASE OF SPECIAL ASSESSMENT IN THE AMOUNT OF $62.00 AGAINST THAT.CERTAIN PROPERTY FRONTING 50 FEET ON THE WEST SIDE OF NIAGARA STREET, DESCRIBED AS BEING LOT 1, BLOCK 9, SEGREST ADDITION, AN ADDITION TO THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, AS SHOWN BY MAP OR PLAT THEREOF OF RECORD IN THE OFFICE OF THE COUNTY CLERK, NUECES COUNTY, TEXAS, AND THE OWNER THEREOF, C. G. CABALLERO, FOR AND IN CONSIDERA- TION OF THE PAYMENT OF SUCH ASSESSMENT IN THE AMOUNT OF $62.00, A COPY OF WHICH RELEASE IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye ORDINANCE NO. 4656 AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE A LEASE AGREEMENT WITH NUECES COUNTY NAVI- GATION DISTRICT NO. 1 FOR LEASING OF THE BASCULE BRIDGE FOR THE PERIOD BEGINNING OCTOBER 1, 1956, AND ENDING SEPTEMBER 30, 1957; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye There being no further business to come before the Council, the meeting was adjourned. i 127 PRESENT: Mayor Farrell D. Smith Commissioners: W. J. Roberts Minor Culli Manuel P. Maldonado REGULAR COUNCIL MEETING October 24, 1956 2:00 p. m. City Manager Russell E. McClure City Attorney I. M. Singer City Secretary T. Ray Kring Mayor Farrell D. Smith called the meeting to order. The Invocation was given by Reverend I. Fred Vasquez, of Mexican Christian Church. City Secretary Kring called the roll of those in attendance. Motion by Culli, seconded by Roberts and passed that the absence of Commissioner Bigler be excused, due to illness. Motion by Maldonado, seconded by Roberts and passed that the Minutes of the regular meeting of October 17th be approved. Mayor Smith announced the opening of bids. Bids were opened and read for 540 gals. Anti -freeze in 54 -gallon drums and 180 gals. Anti- freeze in 1 -gallon cans from the following: Ada Oil Co. Corpus Auto Supply Corp. B. F. Goodrich Store Goodyear Service Stores Gulf Oil Humble Oil & Refining Co. Magnolia Petroleum Co. Motor Parts Co. Motor Supply Osage Oil Co. Republic Supply Co. The Texas Co. Crystal Petroleum Motion by Culli, seconded by Maldonado and passed that the foregoing bids be tabled for 48 hours as required by the -'City Charter, and referred to the City Manager for tabulation. Bids were opened and read for 4,000 feet more or less of Fire Hose from the following: Alamo Iron Works Allied Safety Equip., Inc. C. C. Hardware Co. Fyr-Fyter Sales and Ser. Co. Goodall Rubber Co. of Texas SAMSCO Southwest Equipment & Ext. Motion by Roberts, seconded by Culli and passed that the foregoing bids be tabled for 48 hours as required by the City Charter, and referred to the City Manager for tabulation. following: Bids were opened and read for assorted Valves and Fittings for the Gas Department from the Alamo Iron Works Briggs -Weaver Mach. Co. Continental Supply Co. SAMSCO Norvell-Wilder Crane Co. Motion by Maldonado, seconded by Culli and passed that the foregoing bids be tabled for 48 hours as required by the City Charter, and referred to the City Manager for tabulation. Mayor Smith announced the Council would next hear petitions or information from the audience on matters not scheduled on the agenda. Mr. J. A. C. Baker, appeared and asked the Council to seriously consider encouraging a Bay- front Seafood Cafe location as a real attraction for visiting convention delegates. Mr. Harold Alberts, attorney for the Braslaus, asked if the Council had come to a decision on his request of last week for the Mayor to reverse his decision on the grounds that the ruling had been in error, in connection with the Council vote on the application of his cliente' for a change of zoning from "R-1" to "B-3" on 3.28 acres of land near the intersection of South Staples Street and Everhart Road. 428. The Council answered that the Legal Department has not finished their review of the matter, but that it would be ready for next week's regular meeting. Mr. Harold Applebaum asked if the Council had received the information from Mr. Burr of the Zoning & Planning Department which the Council had asked for last week, as to the type of zoning required for the proposed or anticipated uses of his property, in connection with his amended application for a change of zoning from "R-1" to "L -I" on 21 acres, plus or minus, which is the rear portion of his original application after elimi- nating the 940' x 287' along the East side of Weber Road lying immediately South of Lexington Boulevard. The Council advised Mr. Applebaum that they had not had an opportunity to review the recom- mendation, but that it would be done, and requested that the City Secretary notify Mr. Applebaum when the matter would appear on the agenda. Mayor Smith suggested that it be a policy for the future for the City Secretary to notify all applicants on a pending item when it was to be brought up for final decision. Mayor Smith announced the Council would now hold the Public Hearing on the proposed South Staples Street Improvements. (See transcript prepared by the Legal Department.) A petition with 13 signatures of residents of Sam Street, was received and filed, requesting the removal of a parrot and parakeet business from 638 Sam Street as being against the zoning laws and a public nuisance. The Council next heard the City Manager's Reports. Motion by Roberts, seconded by Maldonado and passed as follows: That the award for three Validating & Receipting Machines for the Public Utilities Office be made to Burroughs Corporation, the low bidder, for a net total of $2,471.60; (See Bid Tabulation #125 in File); That the City Manager be authorized to advertise for bids to be received November 28th for Remodeling & Additions to Central Fire Station; That the 1956 Tax Roll be approved, reflecting an assessed valuation of $306,349,839 for the City, $343,296,691 for the Water District, and a levy of $4,472,708.81 for the City and $686,594.13 -for the Water District; That the petition requesting the closing of an alley in Block 1103, Fitchue Place, be receive and the date of November 14th, during the regular Council meeting at 2:00 p. m., be set for public hearing on the matter. Motion by Culli, seconded by Maldonado and passed as follows: That the recommendation of the Zoning & Planning Commission be accepted that a street opening through Alamo Subdivision #2 is not necessary; That the Annual Audit for the year ending July 31, 1956, prepared by Allan Mote & Co., and the Annual Financial Statement for the same period as prepared by Thomas B. Murphy, Director of Finance, be receive and filed; That the award for 2,313 pcs. Pipe Repair Sleeves & Couplings be made to Dresser Manufacturi Co., the low bidder, for a net total of $9,531.30 (See Bid Tabulation #126 in File); That the City Manager be authorized to advertise for bids to be received November 28th for a quantity of 10" Steel Pipe for ship channel crossings, Warehouse Stock; That the recommendation of the City Manager be accepted and Mr. Lee Simerly be notified that the bait concession is to be discontinued at the termination of his lease, and that he be requested to remove his building from the premises on South Beach; That the following recommendations of the Traffic Safety Advisory Board be approved; That the Traffic Engineer initiate the installation of the signal light at Ocean Drive and Louisiana Avenue intersection, and that Louisiana Avenue be made one-way as outlined in the motion passed by the City Councilll at their regular meeting on August 24, 1955; That Mr. Rice, Traffic Engineer, complete the study of the use of curb space and that where possible additional space be made available for parking with particular emphasis directed to the over -size and unused drive- 129 ways which might be converted into public parking space; That Mr. Lou Borden's resignation from the Board be tabled until a future date. Motion by Culli, seconded by Roberts and passed that the award of bid made on October 17th, 1956, at the regular Council meeting, for Brass Service Fittings to SAMSCO be rescinded, and the award be made to the low bidders in each instance; (See Bid Tabulation #122 in File); That bids on Mobile Radio Units received on October 3rd, be rejected, and the City Manager be authorized to readvertise for bids. ORDINANCE NO. 4657 ESTABLISHING A FORM OF LEASE TO BE USED FOR THE LEASING OF CITY OWNED PROPERTY FOR AGRICULTURAL PURPOSES, A COPY OF WHICH LEASE AGREEMENT IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Absent Manuel P. Maldonado Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Absent Manuel P. Maldonado Aye FIRST READING OF AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A LEASE AGREE- MENT WITH W. C. NICHOLSON, LEASING TO SAID W. C. NICHOLSON A TRACT OF LAND CONTAINING 30 TO 35 ACRES, SITUATED IN NUECES COUNTY, TEXAS, LOCATED ON THE 0. N. STEVENS FILTRATION PLANT PROPERTY, AT THE INTERSECTION OF .HIGHWAY 71, UP RIVER ROAD AND HEARNE ROAD, WEST SECTION OF SAID PROPERTY, TO BE USED FOR FARMING AND AGRICULTURAL PURPOSES, FOR A TERM OF THREE (3) YEARS BE- GINNING AUGUST 31, 1956 AND ENDING AUGUST 30, 1959, IN ACCORDANCE WITH THE FORM PRESCRIBED BY ORDINANCE NO. 4657, PASSED AND APPROVED BY THE CITY COUNCIL ON THE 24TH DAY OF OCTOBER, 1956, WITH THE EXCEPTION OF THE DELE- TION OF SUB -PARAGRAPH (a) OF SECTION 1, AND THE ALTERATION OF SUB -PARAGRAPH (b) OF SECTION 1 SO AS TO PROVIDE ONLY FOR A YEARLY CASH RENTAL PER ACRE.. The foregoing ordinance was read for the first time and passed to the second reading by the following vote: Farrell D. Smith Minor Culli W. J. Roberts B. E. Bigler Manuel P. Maldonado Aye Aye Aye Absent Aye Motion by Roberts, seconded by Culli and passed that Mrs. Doris Francis be appointed Acting City Secretary, during the vacation leave of City Secretary Kring, from October 29 to November 9, Inclusive. There being no further business to come before the Council, the meeting was adjourned. SPECIAL COUNCIL MEETING October 30, 1956 2:00 p.m. PRESENT: Mayor Farrell D. Smith Commissioners: W. J. Roberts City Manager Russell E. McClure Minor Culli City Attorney I. M. Singer Manuel P. Maldonado Acting City Secretary Doris Francis executed. Mayor Farrell D. Smith called the meeting to order. Acting City Secretary Doris Francis called the roll of those in attendance. Motion by Culli, seconded by Maldonado and passed that the absence of Commissioner Bigler be Mayor Smith announced the purpose of the meeting was a public hearing, first on the request of Sammy Gold for an amendment to the Zoning Ordinance as follows: ARTICLE IX - "A-2" Second Apartment House District SECTION 1. Use Regulation. No building or land shall be used and no building shall be hereafter erected, structurally altered, or enlarged, except for the following uses: To add thereto the following: 7(a) Photographers, professional services only and not involving 130 any retail sales in photographic equipment or supplies. Mr. Bob Burr, Senior Planner, explained the Zoning & Planning Commission had been unable to get to this matter at their Monday night meeting, so would therefore consider this question at their meeting Novem- ber 5th. He explained that at present, he understands the Commission's think is along the lines of perhaps an additional zoning district to include a broader scope, rather than adding this one use to the "A-2" uses. Mr. Sammy Gold stated that his request had been made with the intention of going into an exist ing building in an "A-2" zone. Motion by Roberts,".seconded by Culli and passed that the hearing be closed, and the matter be taken under advisement until the recommendation of the Zoning & Planning Commission is forwarded to the Council. The next case was the application of E. L. Laird for a change of zoning from "R-1" One -Family Dwelling District to "A-2" Second Apartment House District on Lots 52 and 53, Block 4, Airport Park, being that property located at 1017-21 Post Avenue. Mr. Laird stated that he was requesting the change in zoning so that he could continue his present operations because he had been there 8 years. Motion by Maldonado, seconded by Roberts and passed that the hearing be closed, and the appli- cation be denied on the basis that its.granting would constitute spot zoning, and would be contrary to the spirit of the deed restrictions. Next was the application of Mrs. Wm. Rascoe & Stephen T. Rascoe for a change of zoning from "R-1" One -Family Dwelling District to "B-3" Secondary Business District, the rear 200 feet (plus or minus) of Lot 4, Block 1, Boulevard Place, being -that property at 3247 Lexington Boulevard. Mrs. Wm. Rascoe, the applicant, appeared in her own behalf, and stated that the zoning was needed in order to make use of the property, that the present zoning would only encourage slum housing since there was no way for residents to get in.or out of their houses except through an alleyway. Mayor Smith stated that if there was a need at this time for the higher zoning, the same need had been there at the time that the property owners had decided to take the higher price from the County for damage in connection with the proposed highway right-of-way, rather than less dollars for damages and a higher zoning, and that this put the Council in the peculiar position of now being asked to grant the zoning which the property owners had turned down in favor of the higher price paid by public funds. Mrs. Mack Williams, owner of Lots 8 and 9 and the two lots in back of them, appeared in favor of the application, and further stated that she also has an application before the Commission for the Boning of the entire block. She stated that she is operating an amusement business on her property and that the "B-3" zoning is very much needed, and further that she was willing and anxious to accept the lower price for the right-of-way an tried to get the other property owners to agree to it, in favor of the higher Boning, but that she had been voted down. She stated that she felt the City had sold zoning., and that she should not be penalized for the greed of the other property owners who had unimproved property. Mr. C. V. Halstead; appeared and stated that he did not own property there, and was speaking merely as a citizen. He felt that only "shirt-tail" business would locate on the property in the area as it is now zoned, or slum housing, which he felt would not be in the public interest, and further that it had been a mistake to allow the property owners to make a choice at the time of the zoning and taking of the right-of-way, and that it would be another mistake to deny the zoning now, and thereby make the whole City suffer for the shortsightedness of less than a dozen property owners. Motion by Culli, seconded -by Maldonado and passed that the hearing be closed, and the applica- tion be tabled for further consideration. 131 ORDINANCE NO. 4658 I� AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI ADOPTED ON THE 27TH DAY OF AUGUST, 1937, APPEARING OF RECORD IN VOLUME 9, PAGES 565 ET SEQ OF THE ORDINANCE AND RESOLUTION RECORDS, AS AMENDED FROM TIME TO TIME AND PARTICULARLY AS AMENDED BY ORDINANCE NO. 2266 PASSED AND APPROVED ON THE 4TH DAY OF MAY, 1948, APPEARING OF RECORD IN VOLUME 16, PAGES 339 ET SEQ OF THE ORDINANCE AND RESOLUTION RECORDS, BY AMENDING THE ZONING MAP ADOPTED ON THE 4TH DAY OF MAY, 1948, BY CHANGING THE ZONING OF LOTS 11 THROUGH 14, BLOCK 2, HIGH TERRACE ADDITION, FROM "R-1" ONE -FAMILY DWELLING DISTRICT TO"B-3" SECON- DARY BUSINESS DISTRICT; BY CHANGING THE ZONING OF LOT 11, BLOCK 12, PINEDA PARK, FROM "A-1" FIRST APARTMENT HOUSE DISTRICT TO "A-2" SECOND APARTMENT. HOUSE DISTRICT; BY CHANGING THE ZONING OF LOTS 21 AND 22, BLOCK 3, BOOTY AND ALLEN ADDITION, FROM "A-1" FIRST APARTMENT HOUSE DISTRICT TO "A-2" SECOND APARTMENT HOUSE DISTRICT; BY CHANGING THE ZONING OF A PORTION OF LOT 2, BYRON WILLIS SUBDIVISION, LYING AT THE SE CORNER OF THE INTERSECTION OF WEBER ROAD AND LEXINGTON BOULEVARD FROM "R-1" ONE -FAMILY DWELLING DISTRICT TO "B-3" SEC- ONDARY BUSINESS DISTRICT; BY CHANGING THE ZONING OF LOTS 1, 2, 3 AND 4, BLOCK 72, BEACH PORTION, FROM "A-2" SECOND APARTMENT HOUSE DISTRICT TO 11B-2" BAY- FRONT BUSINESS DISTRICT; BY CHANGING THE ZONING OF A TRACT OF LAND OUT OF THE SOUTH CORNER OF TRACT I, PAISLEY'S SUBDIVISION OF THE HOFFMAN TRACT, FROM "R-1" ONE -FAMILY DWELLING DISTRICT TO "B-1" NEIGHBORHOOD BUSINESS DISTRICT; AND BY CHANGING THE ZONING OF A 0.71 ACRE TRACT OUT OF THE ORIGINAL W. E. POPE 170.14 ACRE TRACT IN PORT ARANSAS CLIFFS, ADJACENT TO AND SOUTH OF LAMAR PARK, FROM "R-1" ONE -FAMILY DWELLING DISTRICT TO "R-2" TWO-FAMILY DWELLING DISTRICT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Minor Culli W. J. Roberts B. E. Bigler Manuel P. Maldonado The foregoing ordinance was passed by the following vote: Farrell D. Smith Minor Culli W. J. Roberts B. E. Bigler Manuel P. Maldonado Aye Aye Aye Absent Aye Aye Aye Aye Absent Aye There being no further business to come before the Council, the special meeting was adjourned. REGULAR COUNCIL MEETING October 31,1956 2:00 p. m. PRESENT: Mayor Farrell D. Smith . Commissioners: W. J. Roberts City Manager Russell E. -McClure Minor Culli City Attorney I. M. Singer B. E. Bigler Acting City Secretary Doris Francis Manuel P. Maldonado Mayor Farrell D. Smith called the meeting to order. The Invocation was given by Reverend Acel Lowe, of the Church of the Latter Day Saints. Acting City Secretary Doris Francis called the roll of those in attendance. Motion by Roberts, seconded by Maldonado and passed that the Minutes of the regular meeting of October 24th be approved. k Mayor Smith announced the opening of bids. Bids were opened and read on various items of Automotive Equipment from the following: Gulf Chevrolet Lewis Boggus Motors Ed Hoffman Motors Roy E. Box International Harvester Neal Motor Sales Williamson Motor Co. Motion by Culli, seconded by Maldonado and passgd that the bids on Automotive Equipment be tabled for 48 hours as required by the City Charter, and referred to the City Manager for tabulation. following: Bids were opened and read on Mechanical Joint Valves and Tapping Sleeves and Valves from the Alamo Iron Works Crane Company Darling Valve & Mfg. Co. Iowa Valve Company Ludlow Valve Mfg. Co., Inc. Norvell-Wilder Supply Co. The Rohan Company The A. P. Smith Mfg. Co. 132 Viking Supply Corp. Wallace Co., Inc. SAMSCO Mueller Co. Motion by Maldonado, seconded by Culli and passed that the bids on the foregoing be tabled for 48 hours as required by the City Charter, and referred to the City Manager for tabulation. Bids were opened and read on 30,000 lin. ft. of 6", 5,000 lin. ft. each of 811, 10" and 12" cast iron and Cement Asbestos Pipe from the following: American Cast Iron Pipe Co. Crane Company Johns -Manville Lone Star Steel Company James B. Clow & Sons U. S. Pipe & Foundry Co. SAMSCO Viking Supply Co. Motion by Culli, seconded by Roberts and passed that the foregoing bids be tabled for 48 hours as required by the City Charter, and referred to the City Manager for tabulation. Mayor Smith asked if there was anyone in the audience with petitions or information for the Council on matters not scheduled on the agenda. Cecil Burney, appeared with Bruce Collins, Lee Scott and W. M. Leyland on behalf of the Agnes Street Businessmen's Association, and asked the Council when the Agnes and Laredo Street Improvement project was to be started, as the businessmen felt that they were losing business because of the condition of the streets. stated further that they are in favor of the City's hiring outside engineering services to get the project started. Motion by Roberts, seconded by Culli and passed that the matter be put on the agenda for this week's informal work session. Mr. William Prewett, representing the Armory Board of the National Guard, asked the Council an answer to the written request of the Armory Board involving about 5 acres of land at Cliff Maus Airport. City Manager McClure pointed out that a similar request had been received from the Reserve Unit, and that because of the obligation of the City to provide the necessary utility lines, and because of the na- ture of the two,,units, it might be advisable to see if there could be some joint planning for these operations, and further, that a letter from the Armory Board giving some kind of time schedule as to how soon construction would actually start would be helpful. The Council pointed out that none of the 452 acres of Cliff Maus Airport can be used for this project due to the ordinance that was passed by way of contract which obligates and binds the City to make for the highest accumulated return out of the 4S2 acres and to use every bit to the retirement of the new airport bonds un- til the entire issue is retired and paid off. Mr. Prewett was informed that the matter would be referred to the Legal Department and the Planning Department and put on the agenda for this week's work session of the Council. Motion by Roberts, seconded by Bigler and passed that the petition received re Storm Sewer ex- tension on the South Side of Ash Street between Erwin Street and Oak Park Street, and the petition received re Street and Curbing west side of Erwin Avenue between Ash Street and Mueller Street be referred to the City Manager for recommendation. actions were taken: City Manager McClure presented a list of pending items before the Council and the following Motion by Culli, seconded by Roberts and passed that the following applications be denied: Application to vacate that portion of Power Street beginning at the western boundary line of Oso Street and extending to the western most extremity of Power Street (public hearing 2/29/56), but continue arrangement with the South Texas Materials Company for its use until December 31, 1956; Application of W. H. Wolter for a change of zoning from "A-2" Second Apartment House District to "L -I" Light Industrial District (public hearing 4/10/56); Application of Miss Eleanor Kelly, L. H. Gross, Jack W. Crook, Mrs. J. E. Jones and P. E. Jones for a change of zoning from 11R-2" to "B-1" on Lots 1, 2, 3, 4, 5 and 6, Block 9, Bayview Addition No. 2, 133 being located on the west side of Brownlee Boulevard, extending from Craig Street south (public hearing 7/24/56); Application of Ray Hostutler and Others for a change of zoning from 11R-1" to "B-3" on Lots 6, 7, 8, 99 10, 11, 12, 13 and 14, Woodlawn No. 1 Addition, being located on the south side of Up River Road and Leo- pard Street (Highway 9) beginning with that property at 3701 Up River Road and extending westward to within approxi- mately 70 feet of Elmore Drive (public hearing 8/14/56); Application of H. R. Applebaum, J. C. Lowman and W. A. Bratton for a change of zoning from "R-1 to "L -I" on a tract of land containing 27.8 acres more or less and being generally that property fronting 940' along the east side of Weber Road beginning at the unnamed road lying_ immediately south of Lexingtonand extending to a depth of 1295' plus or minus (public hearing 9/25/56); Application of Mrs. Laura Arbogast for a change of zoning from "R-1" to "B-1" on Lots 6 and 7, Block 12, Villa Gardens Addition, located at 623-627 Van Cleve, being 147 feet from Highway 9 (public hearing 9/25/56). Motion by Culli, seconded by Roberts and passed that the application of Goodwill Industries and Others for a change of zoning from 11R-1" to "B-3" on that portion of property not already zoned "B-311, on Port Avenue adjacent to Buccaneer Drive -In Theater, be granted in accordance with the recommendation of the Zoning and Planning Commission that there was no need for a through street in the area. Motion by Roberts, seconded by Culli and passed that the application of R. Ballard and Grady St. Clair for a change of zoning from "R-1" to "B-1" on 3.059 acres more or less, begranted subject to 255' on Weber Road by 270' on Gollihar Road and with a 3:1 parking ratio. Mayor Smith announced the Council would next hear the City Manager's Reports. Motion by Roberts, seconded by Maldonado and passed that the Reports of the Traffic Engineer re Traffic Accident Summary and Major Street Survey be received and filed for study. Motion by Roberts, seconded by Culli and passed that the request for a Change Order to author additional work as an extension to the construction by Slovak Bros. of the Everhart Storm Sewer, Gollihar Laterals in the amount of $2,682.75 be granted. Motion by Culli, seconded by Roberts and passed that the City Manager be authorized to adver- tise for bids to be received November 21st for Fuel Requirements for a 3 -month period beginning November 30th. The report of the City Attorney re Validity of Provision of the Zoning Ordinance forbidding change not recommended by Zoning and Planning Commission without a three-fourths affirmative vote of the Council was received and filed. Motion by Roberts, seconded by Bigler and passed that the award of bid for Anti -freeze be made to Crystal Petroleum Company, the low bidder, for ten 54 -gal. drums at $1.60 per gal. and 180 one -gal. cans at $1.60 per gal. for a net total of $1,152.00. (See Bid Tabulation #127 in File). Motion by Roberts, seconded by Culli and passed that the report of the City Manager be accepted in connection with the Staples Street Improvements from Louisiana to Hamlin being performed by Heldenfels Brothers be accepted, and that Change Order #16 be approved in the amount of $5,109.85. ORDINANCE NO. 4659 AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI ADOPTED ON THE 27TH DAY OF AUGUST, 1937, APPEARING OF RECORD IN VOLUME 9, PAGES 565 ET SEQ OF THE ORDINANCE AND RESOLUTION RECORDS, AS AMENDED FROM TIME TO TIME AND PARTICULARLY AS AMENDED BY,ORDINANCE NO. 2266 PASSED AND APPROVED ON THE 4TH DAY OF MAY, 1948, APPEARING OF RECORD IN VOLUME 16, PAGES 339 ET SEQ OF THE ORDINANCE AND RESOLUTION RECORDS, BY AMENDING THE ZONING MAP ADOPTED ON THE 4TH DAY OF MAY, 1948, BY CHANGING THE ZONING OF 3.28 ACRES OF LAND OUT OF TRACT I, PAISLEY'S SUBDIVISION OF THE HOFFMAN TRACT, NEAR THE INTERSECTION OF SOUTH STAPLES STREET AND EVERHART ROAD FROM "R-1" ONE -FAMILY DWELLING DISTRICT TO "B-3" SECONDARY BUSINESS DISTRICT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter Rule was suspended,by the following vote: Farrell D. Smith Aye Minor Culli Nay W. J. Roberts Aye B. E. Bigler Nay Manuel P. Maldonado Aye 134 The foregoing ordinance was voted upon in the following manner: Farrell D. Smith Aye Minor Culli Nay W. J. Roberts Aye B. E. Bigler Nay Manuel P. Maldonado Aye City Attorney Singer made the following statement and was directed to record same on the face of the foregoing instrument: "Oct. 31, 1956 "This ordinance, not being passed by a-3/4 majority of the Council as required.by the zoning ordinance, is in my opinion ineffective to change the zoning of the property described. "I. M. Singer,. "City Attorney." Mr. Harold Alberts, attorney for the Braslaus, asked the Mayor not to declare the foregoing ordinance passed or not passed until he had examined the briefs already presented in the matter and one other which he had to present to him, as he does not believe the Mayor and Council are bound by the opinion of the City Attorne but only by their oaths to uphold the law as they see it, and further that he is satisfied that virtually all Supreme Courts are unanimously agreed that in a Home Rule City a majority affirmative vote only is required to over -rule a recommendation of a Planning Board. Mr. Alberts further stated that he wished to correct the impressio he had made that the Mayor had erred in his previous decision, since it was the error of the Council which had originally passed the ordinance, and further, that he wished'to publicly thank this Council for itsvery fair consi- deration of the entire matter. ORDINANCE NO. 4660 APPROPRIATING THE SUM OF $5,109.85 FROM NO. 295 STORM SEWER BOND IMPROVEMENT FUND TO COVER CHANGE ORDER NO. 16 - STAPLES STREET IMPROVEMENTS FROM LOUISI- ANA TO HAMLIN, BEING PERFORMED BY HELDENFELS BROTHERS, CONTRACTORS; AND DE- CLARING AN EMERGENCY. - The Charter Rule was suspended by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye ORDINANCE NO. 4661 RECEIVING AND ACCEPTING THE WORK OF THE OSO SEWAGE TREATMENT PLANT MODIFICA- TIONS, PROJECT 8-3, PERFORMED BY H. B. ZACHRY COMPANY, UNDER THEIR CONTRACT WITH THE CITY DATED DECEMBER 1, 1954, AS AUTHORIZED BY ORDINANCE NO. 3955; AUTHORIZING FINAL PAYMENT OF $18,257.00 FROM FUNDS PREVIOUSLY APPROPRIATED OUT OF N0. 297 SANITARY SEWER SYSTEM BOND CONSTRUCTION FUND, IN ACCORDANCE WITH THE FINAL ESTIMATE PREPARED BY THE DIRECTOR OF PUBLIC WORKS, DATED JULY 31, 1956, A COPY OF WHICH ESTIMATE IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler' Aye Manuel P. Maldonado Aye 0 135 ORDINANCE NO. 4662 CLOSING THE HEARING GIVEN TO THE REAL AND TRUE OWNERS OF PROPERTY ABUTTING UPON THE PORTION OF SOUTH STAPLES STREET FROM THE SOUTHEASTERN BOUNDARY LINE OF HAMLIN DRIVE TO A POINT 853.7 FEET SOUTHEAST OF THE SOUTHEASTERN BOUNDARY LINE OF EVERHART ROAD, THE PORTION OF EVERHART ROAD FROM THE SOUTH- WESTERN BOUNDARY LINE OF SOUTH STAPLES STREET TO THE SOUTHWESTERN BOUNDARY LINE OF GOLLIHAR ROAD, AND THE PORTION OF GOLLIHAR ROAD FROM THE SOUTHEASTERN BOUNDARY LINE OF EVERHART ROAD TO THE SOUTHWESTERN BOUNDARY LINE OF SOUTH STAPLES STREET, AS TO SPECIAL BENEFITS TO ACCRUE TO SAID PROPERTY AND THE REAL AND TRUE OWNERS THEREOF, BY VIRTUE OF THE IMPROVEMENTS OF SAID STREETS WITHIN THE LIMITS DEFINED, AND AS TO ANY ERRORS, AND INVALIDITIES OR IRREGU- LARITIES IN ANY OF THE PROCEEDINGS OF CONTRACT THEREOF,'OVERRULING AND DENYING ALL PROTESTS AND OBJECTIONS OFFERED, EXCEPT THE CHANGES REFLECTED HEREIN, FINDING AND DETERMINING THAT THE PROPERTY ABUTTING UPON SOUTH STAPLES STREET, EVERHART ROAD AND GOLLIHAR ROAD, WITHIN THE LIMITS DEFINED, WILL BE SPECIALLY BENEFITED AND ENHANCED IN VALUE IN EXCESS OF THE AMOUNT OF THE COST OF SAID IMPROVEMENTS PROPOSED TO BE AND AS HEREIN ASSESSED AGAINST SAID PROPERTY ABUTTING UPON SOUTH STAPLES STREET, EVERHART ROAD, AND GOLLIHAR ROAD, AND LEVYING AN ASSESSMENT FOR THE PAYMENT OF A PORTION OF THE COST OF IMPROVE- MENTS OF SAID STREETS, WITHIN SAID LIMITS, FIXING A CHARGE AND LIEN AGAINST THE PROPERTY ABUTTING UPON SAID SOUTH STAPLES STREET, EVERHART ROAD AND GOLLI- HAR ROAD, AND THE REAL AND TRUE OWNER OR OWNERS THEREOF, PROVIDING FOR THE ISSUANCE OF ASSIGNABLE CERTIFICATES UPON THE COMPLETION AND ACCEPTANCE OF SAID WORK, THE MANNER AND TIME OF PAYMENT AND PROVIDING THE MANNER AND METHOD OF COLLECTION OF SAID ASSESSMENTS AND CERTIFICATES; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye SECOND READING OF AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI,.TO EXECUTE A LEASE AGREE- MENT WITH W. C. NICHOLSON, LEASING TO SAID W. C. NICHOLSON A TRACT OF LAND CONTAINING 30 TO 35 ACRES, SITUATED IN NUECES COUNTY, TEXAS, LOCATED ON THE 0. N. STEVENS FILTRATION PLANT PROPERTY, AT THE INTERSECTION OF HIGHWAY'71, UP RIVER ROAD AND HEARN ROAD, WEST SECTION OF SAID'PROPERTY, TO BE USED FOR FARMING AND AGRICULTURAL PURPOSES, FOR A TERM OF THREE (3) YEARS BEGINNING AUGUST 31, 1956 AND ENDING AUGUST 30, 1959, IN ACCORDANCE WITH THE FORM PRESCRIBED BY ORDINANCE NO. 4657, PASSED AND APPROVED BY THE CITY COUNCIL ON THE 24TH DAY OF OCTOBER, 1956, WITH THE EXCEPTION OF THE DELETION OF SUB -PARAGRAPH (a) OF SECTION 1 SO AS TO PROVIDE ONLY FOR A YEARLY CASH RENTAL PER ACRE. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Farrell D. Smith Aye W. J. Roberts Aye Minor Culli Aye B. E. Bigler Aye Manuel P. Maldonado Aye The Mayor declared a recess, and upon reconvening, there being no further business to come before the Council, the meeting was adjourned. REGULAR COUNCIL MEETING November 7, 1956 2:00 p. m. i PRESENT: i Mayor Farrell D. Smith Commissioners: W. J. Roberts City Manager Russell E. McClure Minor Culli City Attorney I. M. Singer B. E. Bigler Acting City Secretary Doris Francis Manuel P. Maldonado Mayor Farrell D. Smith called the meeting to order. The Invocation was given by Reverend Bohmfelk, of Trinity Methodist Church. Acting City Secretary Doris Francis called the roll of those in attendance. Motion by Roberts, seconded by Maldonado and passed that the Minutes of the Special Meeting of October 30th, and the Regular Meeting of October 31st be approved. Bids were opened and read for Water Tank Repair, Painting and Cleaning (Mestina and Sam Rankin Streets) from the following: 136 Chicago Bridge & Iron Co. The Kessler Company Texarkana Tank & Bridge Co. Water Tank Service Co. Motion by Culli, seconded by Roberts and passed that the foregoing bids be tabled for 48 hours as required by the City Charter, and referred to the City Manager for tabulation. Bids were opened and read for 50 Banquet Tables, 30" x 9611, from the following: The Abel Stationers American Seating Co. Brickley Bros., Inc. General Hotel Supply Co. Gulf States Equipment Co. Masterson Distributing Co. The Monroe Co. Sharp & Company Motion by Culli, seconded by Maldonado and passed that the foregoing bids be tabled for 48 hours as required by the City Charter, and referred to the City Manager for tabulation. Motion by Bigler, seconded by Roberts and passed that James A. Broderick and Roy Olsen, Jr., be re -appointed to the Zoning & Planning Commission for a two-year term, to expire June 22, 1958; that Don E. Cox and Stanley R. Marks be appointed to the Zoning & Planning Commission for a two-year term, to expire June 22, 1958; and that John Maurer, Jr., and Carrol Jones be awarded Certificates of Appreciation for their service on the Zoning & Planning Commission. Motion by Roberts, seconded by Maldonado and passed that an appropriate commendation be awa to Capt. Sanford L. Mead, U. S. Navy, expressing our appreciation as a City for the wonderful neighbor and type of person he has exemplified as Commanding Officer of the Naval Air Station for the better enjoyment of the community, and to wish Capt. and Mrs. Mead success and happiness in his new duty, and to express the hope that they return to Corpus Christi whenever they are able. Motion by Roberts, seconded by Maldonado and passed that an appropriate letter of welcome as new Commanding Officer of the Naval Air Station be sent to Capt. Albert H. Wilson, U. S. Navy, and to Mrs. Wilson. Motion by Culli, seconded by Roberts and passed that the Council go on record with an appro- priate resolution on behalf of the citizens of Corpus Christi expressing our appreciation to Admiral Clarke and the Captains of the Naval Air Station of Cabaniss Field for their both timely and helpful cooperation in providing fire fighting equipment and personnel to control one of the greatest fires we have had in our City, and also for the welcome relief it gave to our own brave firemen who had worked themselves nearly to exhaustion. Motion by Culli, seconded by Roberts and passed that the Council go on record with an appro- priate resolution on behalf of the citizens of Corpus Christi expressing our appreciation and commendation to our own City Firemen for their extreme bravery and utter disregard for their own safety in fighting this fire. Mayor Smith recognized and welcomed to the Council meeting Lt. Murray of the Staff of Admiral Clarke, and Lt. Cmdr. Keys. Mr. H. R. Applebaum brought up the matter of his application for a change of zoning on a tract of land on Lexington & Weber. He stated that he understood the application had been denied last week, and that the amount of land involved was the reason for the denial, and that since he was amending his application reducing the amount of land involved, he asked the Council to retract their decision of last week. Mr. Applebaum was informed that the hearing on his application had been closed, that it had been held under advisement pending further information from the Zoning & Planning Department, which had since been supplied, and that the size of the tract had not been so much of a factor in denying the application as had been t question of whether or not it was in the public interest and whether or not there was a need for creating a new industrial area where there had never been one before. control ordinance. Mrs. Brides asked the Council if there had been any progress made in the writing of the dog The Council acknowledged the reminder and the implications, and statedthat they would get to it as soon as possible. Mr. W. B. Cline, of the Examining & Supervising Board of Electricians, Mr..Ray Hayes, Mr. .137 Perkins and Mr. Richards spoke on the proposed changes to the Electrical Code, and in particular with reference to the type of electrical outlet required in single dwellings, pointed out the advantages of the grounded type outlet and the need for this change from a safety angle. The question of whether or not air-conditioning units that work from a residential outlet and have a 3/4 horsepower motor and the practicability of some method of control in this matter. Mayor Smith announced the Council would next hold the public hearing on the application of J. B. Clark for a Special Permit to construct a masonry motel on Lot 14, and the south 124.06 feet of Lot 15, Ebony Acres Subdivision, being generally that property lying around the southeast corner of Leopard Street (Highway 9) and Lantana Street. No one appeared in connection with this application. I Motion by Culli, seconded by Bigler and passed that the recommendation of the Zoning & Plannin Commission for approval subject to approval of variances to the Zoning Ordinance on the revised submitted plot plan by the Board of Adjustment be accepted, and the application be granted. Mayor Smith announced the Council would next hear the City Manager's Reports. Motion by Culli, seconded by Maldonado and passed that the report of the City Manager re the i request to extend utility services and make improvements at Airline Subdivision be received and filed, and the petitioners be notified that the City cannot use its public funds outside the City Limits. Motion by Maldonado, seconded by Culli and passed that the recommendation of the City Manager be approved in connection with obtaining architectural services for Fire Stations; and that the City Manager be authorized to negotiate a contract with E. Dexter Hamon in accordance with his recommendation for such services. i Motion by Bigler, seconded by Roberts and passed that the recommendation of the City Manager be approved in connection with obtaining engineering services for Agnes -Laredo Improvement Project, and that the I City Manager.be authorized to negotiate a contract with Lockwood, Andrews & Newman for the services. Motion by Culli, seconded by Roberts and passed that the alterations to Control Tower at Cliff Maus Airport be accepted, and that final payment be authorized in the amount of $3,170.00. Motion by Bigler, seconded by Maldonado and passed that the plans and specifications for con- struction of the Corn Products Co. Road Connecting Water Main be approved, and the City Manager be authorized to advertise for bids to be received November 28th. Motion by Bigler, seconded by Maldonado and passed that Change Order #17 in the amount of i $2,412.80 to Heldenfels Brothers in connection with Staples Street Improvements from Louisiana to Hamlin be approve Motion by Bigler, seconded by Culli and passed that Change Order #8 in the amount of $2,900.00 to Burnett Construction Co. in connection with Broadway Sewage Treatment Plant, and the Release at this time of $20,000.00 of retainage be approved. Motion by Bigler, seconded by Maldonado and passed that the award of bid for various Valves and Fittings be made to the low bidders as follows: One each of Item 2, 4 and 3 to Alamo Iron Works for a total of $1,710.72; one each of Item 2, 4 and 3 to Norvell-Wilder Supply Co. fora total of $1,710.72; 120 of Item 12 to Crane Company for a total of $120.7; and Item 1, 7, 8, 9, 10, 11 and 14 to San Antonio Machine & Supply Co. for a total of $3,418.81; (See Bid Tabula- tion #128 in File); That the bids on Items 5, 6 and 13 covering five 16" weld flanges, eight 10" weld flanges and i two insulating gasket sets be rejected due to a misunderstanding, and that the City Manager be authorized to read- vertise for bids to be received November 21st. Motion by Bigler, seconded by Maldonado and passed that the proposal of Allan Mote & Co. be accepted for City Audit, and the City Manager be authorized to negotiate a contract for one year at a maximum of $7,500.00. Motion by Bigler, seconded by Roberts and passed that the settlement in the amount of $1,000.0 plus $12.00 Court Costs in the case of A. C. Bledsoe vs. the City of Corpus Christi, involving personal injury, be ratified. Motion by Bigler, seconded by Maldonado and passed that the application of Mrs. Wm. Rascoe & to "B-3" Secondary Business District Stephen T. Rascoe for a change of zoning from "R-1" One -Family Dwelling District) the rear 200 feet (Plus or minus) of Lot 4, Block 1, Boulevard Place, being that property at 3247 Lexington Boulevard, tabled for further considera- tion at the public hearing on October 30th, be denied. Motion by Bigler, seconded by Roberts and passed that the City Manager be granted leave of absence from Wednesday, November 14th, through Saturday, November 17th, and that I. M. Singer be appointed Acting City Manager during his absence. ORDINANCE N0. 4663 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A TERMINATION AGREEMENT WITH THE TEXAS AND NEW ORLEANS RAILROAD COMPANY, TERMINATING A CONTRACT BETWEEN THE RAILROAD COMPANY AND THE CITY OF CORPUS CHRISTI DATED JUNE 2, 1948, COVERING THE CONSTRUCTION AND MAINTENANCE OF A 12 INCH SEWER,PIPE AND A 36 INCH SEWER PIPE LINE IN THE CITY OF CORPUS CHRISTI, A COPY OF WHICH TERMINATION AGREEMENT IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye Minor Culli Aye B. E. Bigler Aye Manuel P. Maldonado Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye W. J. Roberts Aye Minor Culli Aye B. E. Bigler Aye Manuel P. Maldonado Aye ORDINANCE NO. 4664 RECEIVING AND ACCEPTING THE WORK OF CONSTRUCTION AND ALTERATIONS TO THE CONTROL TOWER AT CLIFF MAUS AIRPORT BY PRICE CONSTRUCTION COMPANY, UNDER THEIR CONTRACT WITH THE CITY DATED OCTOBER 17, 1956, AS AUTHORIZED BY ORDINANCE NO. 4650; AUTHORIZING FINAL PAYMENT OF $3,170.00 OUT OF CODE 316 OF THE CURRENT AIRPORT BUDGET, IN ACCORDANCE WITH THE FINAL ESTIMATE PREPARED BY THE DIRECTOR OF PUBLIC WORKS, DATED OCTOBER 31, 1956, A COPY OF WHICH ESTIMATE IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye Minor Culli Aye B. E. Bigler Aye Manuel P. Maldonado Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye W. J. Roberts Aye Minor Culli Aye B. E. Bigler Aye Manuel P. Maldonado Aye ORDINANCE NO. 4665 APPROPRIATING THE SUM OF $2,412.80 FROM NO. 220 STREET BOND IMPROVEMENT FUND TO COVER CHANGE ORDER NO. 17 - CHARGEABLE TO PROJECT 1-5, LOUISIANA STREET IMPROVEMENTS$ OCEAN DRIVE TO STAPLES STREET, BEING PERFORMED BY HELDENFELS BROTHERS, CONTRACTORS; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye Minor Culli Aye B. E. Bigler Aye Manuel P. Maldonado Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye W. J. Roberts Aye Minor Culli Aye B. E. Bigler Aye Manuel P. Maldonado Aye 139 ORDINANCE NO. 4666 APPROPRIATING THE SUM OF $2,900.00 FROM N0. 297 SANITARY SEWER BOND IMPROVEMENT FUND, TO COVER CHANGE ORDER NO. 8, BROADWAY SEWAGE TREATMENT PLANT MODIFICA- TIONS, PROJECT 8-2, BEING PERFORMED BY BURNETT CONSTRUCTION (OMPANY, CONTRACTORS; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye Minor Culli Aye B. E. Bigler Aye Manuel P. Maldonado Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye W. J. Roberts Aye Minor Culli Aye B. E. -Bigler Aye Manuel P. Maldonado Aye ORDINANCE NO. 4667 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON EEHALF OF THE CITY 3F CORPUS CHRISTI, TO EXECUTE AND DELIVER THE PROPER CONVEYANCE TO ONE FIRE TRUCK, FORMERLY USED AS A PART OF THE FIRE DEPARTMENT EQUIPMENT OF THE CT.iY OF CORPUS CHRISTI, TO THE UNIVERSITY OF CORPUS CHRISTI; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye Minor Culli Aye B. E. Bigler Aye Manuel P. Maldonado Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye W. J. Roberts Aye Minor Culli Aye B. E. Bigler Aye Manuel P. Maldonado Aye Motion by Bigler, seconded by Roberts and passed that the ordinance fixing the speed limits on Shoreline Boulevard be amended prior to the third reading so as to fix the'speed on Ocean Drive from a point 400 feet south of the south curb line of Rossiter Street north to the south curb line of Louisiana Street at 35 miles per hour at all times, and amending the caption in the same respect. ORDINANCE NO. 4668 THIRD AND FINAL READING OF AN ORDINANCE AMENDING ORDINANCE NO. 2241, PASSED AND APPROVED BY THE CITY COUNCIL ON THE 16TH DAY OF MARCH, 1948, AS RECORDED IN VOLUME 16, PAGES 197 ET SEQ OF THE ORDINANCE AND RESOLUTION RECORDS OF THE CITY OF CORPUS CHRISTI, TEXAS, ENTITLED "AN ORDINANCE REGULATING TRAFFIC UPON THE PUBLIC STREETS, ALLEYS, AND OTHER THOROUGHFARES IN THE CITY OF C(R- PUS CHRISTI, TEXAS, AND FIXING PENALTY FOR VIOLATIONS AND REPEALING ALL OTHER ORDINANCES AND SECTIONS OF ORDINANCES IN CONFLICT HEREWITH", AS AMENDED, BY AMENDING SECTION 50 (a) OF ARTICLE V OF ORDINANCE NO. 2241; BY ESTABLISH- ING THE SPEED ON OCEAN DRIVE FROM THE CITY LIMITS LINE TO A POINT 400 FEET SOUTH OF THE SOUTH CURB LINE OF ROSSITER STREET AT 45 MILES PER HOUR; BY ESTABLISHING THE SPEED ON OCEAN DRIVE FROM THE SOUTH CURB LINE OF -A POINT 400 FEET SOUTH OF THE SOUTH CURB LINE OF ROSSITER STREET TO THE SOUTH CURB LINE OF LOUISIANA STREET AT 35 MILES PER HOUR; BY ESTABLISHING THE SPEED (N OCEAN DRIVE FROM THE SOUTH CURB LINE OF LOUISIANA STREET NORTH TO THE NORTH CURB LINE OF CRAIG AVENUE FOR NORTH BOUND TRAFFIC ONLY AT 35 'MILES PER HOUR; BY ESTABLISHING THE SPEED ON SHORELINE BOULEVARD FROM THE NORTH CURB LINE OF CRAIG AVENUE NORTH TO ITS INTERSECTION WITH EAST SHORELINE BOULEVARD AND WEST SHORELINE BOULEVARD FOR NORTH BOUND TRAFFIC ONLY AT 35 MILES PER HOUR; BY ESTABLISHING THE SPEED ON EAST SHORELINE BOULEVARD FROM ITS INTERSECTION WITH SHORELINE BOULEVARD NORTH TO THE NORTH CURB LINE OF CARROLL STREET AT 35 MILES PER HOUR; BY ESTABLISHING THE SPEED ON WEST SHORELINE BOULEVARD FROM THE NORTH CURB LINE OF CARROLL STREET SOUTH TO ITS INTERSECTION WITH EAST SHORELINE BOULEVARD AND SHORELINE BOULEVARD AT 30 MILES PER HOUR; BY ESTABLISHING THE SPEED ON SHORELINE BOULEVARD FROM ITS INTERSECTION WITH EAST SHORELINE BOULEVARD AND WEST SHORELINE BOULEVARD SOUTH TO THE NORTH CURB LINE OF.CRAIG AVENUE FOR SOUTH BOUND TRAFFIC ONLY AT 30 MILES PER HOUR; BY ESTABLISHING THE SPEED ON OCEAN DRIVE FROM THE NORTH CURB LINE OF CRAIG AVENUE SOUTH TO THE SOUTH CURB LINE OF LOUISIANA STREET FOR SOUTH BOUND TRAFFIC ONLY AT 30 MILES PER HOUR; PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the third time and passed finally by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye 140 Motion by Culli, seconded by Maldonado and passed that the ordinance granting Southwestern Oil & Refining Company a franchise be amended prior to the third reading so as to add that all installations be con- fined within a strip not exceeding ten feet in width, and so as to provide that all present or future uses by the City shall be made to conform at the sole cost of the holder of the franchise to such other uses as the City may make of such street. ORDINANCE NO. 4669 GRANTING SOUTHWESTERN OIL & REFINING COMPANY A FRANCHISE TO LAY, CONSTRUCT, MAINTAIN, REPAIR AND REMOVE A PIPE LINE 14" IN DIAMETER FOR THE TRANSPORTA- TION OF GASOLINE, A PIPE LINE 14" IN DIAMETER FOR THE TRANSPORTATION OF FUEL OIL, A PIPE LINE 6" IN DIAMETER FOR THE TRANSPORTATION OF HEATING OIL, A PIPE LINE 6" IN DIAMETER FOR THE TRANSPORTATION OF NAPTHA, A PIPE LINE VIN DIA- METER FOR THE TRANSPORTATION OF KEROSENE, AND A PIPE LINE 6" IN DIAMETER FOR THE TRANSPORTATION OF FUEL OIL, ALONG THE WEST BOUNDARY LINE OF THE RIGHT OF WAY OF NUECES BAY BOULEVARD WITHIN THE CITY OF CORPUS CHRISTI, TEXAS, FROM THE POINT AT WHICH THE SOUTH BOUNDARY"LINE OF THAT CERTAIN TRACT OF LAND CONTAINING 30.64 ACRES CONVEYED BY BARNSDALL OIL COMPANY TO SAID SOUTHWEST- ERN OIL & REFINING COMPANY BY DEED DATED APRIL 25, 1947, RECORDED IN VOLUME 365, DEED RECORDS, NUECES COUNTY, TEXAS, INTERSECTS SAID NUECES BAY BOULEVARD, TO THE SOUTH BOUNDARY LINE OF THE RIGHT OF WAY OF THE SAN ANTONIO, UVALDE AND GULF RAILROAD COMPANY; THENCE IN AN EASTERLY DIRECTION ACROSS SAID NUECES BAY BOULEVARD TO THE EAST -BOUNDARY LINE THEREOF, AND TO USE AS MUCH OF THE RIGHT OF WAY OF NUECES BAY BOULEVARD AS IS NECESSARY THERETO, PROVIDED THAT THE SAME SHALL BE IN SUCH MANNER AND IN SUCH PLACES AS NOT TO INTERFERE WITH THE USE OF SAID STREET BY THE CITY OR INHABITANTS THEREOF; WHICH FRANCHISE SHALL BE ASSIGNABLE BY THE GRANTEE; PROVIDING FOR THE FORFEITURE OF FRANCHISE IN CASE'OF FAILURE ON THE PART OF GRANTEE TO OBSERVE THE TERMS AND RESTRICTIONS OF THIS ORDINANCE. The foregoing ordinance was read for the third time and passed by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Mr. H. E. Stevic, electrical contractor, asked that in connection with the proposed amendments to the Electrical Ordinance that the Council accept UL approved wiring in connection with air-conditioning units. There being no further business to come before the Council, the meeting was adjourned. REGULAR COUNCIL MEETING November 14, 1956 2:00 p.m. PRESENT: Mayor Farrell D. Smith Commissioners: W. J. Roberts Acting City Manager I. M. Singer Minor Culli Asst City Attorney Glenn Parker B. E. Bigler City Secretary T. Ray Kring Manuel P. Maldonado Mayor Farrell D. Smith called the meeting to order. The Invocation was given by Reverend Thomas Buergler, of St. Theresa Parish. City Secretary Kring called the roll of those in attendance. Motion by Maldonado, seconded by Bigler and passed that the Minutes of the Regular Meeting of November 7th be approved. Mayor Smith announced the Council would now hold the public.hearing on the closing of an alley in Block 1103, Fitchue Place, described as a 10' alley in Block 1103, Fitchue Place Addition, between Fourteenth (Waco) and Thirteenth (Fort Worth) Streets running from Ayers Street to McKenzie Street, in the City of Corpus Christi, Nueces County, Texas. Mr. Ed. Williams, attorney, appeared on behalf of the applicants and stated that the alley is not actually in use as such, that being only 10' wide it does not meet the minimum requirements of the Public Works Department for an alley, and that since there are so many encroachments of fences, garages and chicken shacks which have been in the alley for more than 20 years, that the opening of -the alley can be of no value to anyone, and that there is the legal question of the law on limitations. He stated that the matter had been brought up because Aldridge TV Company had bought two 25' lots fronting on Brownlee, but that the opening of the alley would cause a serious traffic problem being directly across from Wynne Seale Junior High School. He further stated that the petition not to open the alley has been signed by all the property owners in the area with the exception of two, 141 and that the application was really a matter of just leaving the situation as it *s. 0. K. Crow, and Michael Shamoun spoke in favor of the application. William Shireman, appearing in behalf of Mr. Aldridge, spoke in opposition to the closing on th basis that the area is zoned for business and the City favors loading & unloadin� in the rear of property, and stated that the statute of limitations does not apply to alleys. He further stated that his client had bought -his property with the understanding that there was an alley there. Simmon Grossman and Jerry Westmoreland spoke in opposition to the closing of the alley. Motion by Bigler, seconded by Culli and passed that,the hearing be closed, and the application be denied. Motion by Bigler, seconded by Roberts and passed that the property owners be notified to remove the obstruction in the alley.,: Mayor Smith announced that notice had just been received of the transfer of C. A. A. funds for the new airport site and that the City is exercising the options to purchase 1418.5 acres of land at Clarkwood at prices ranging from $900 per acre to $1250 per acre. He stated that the Council iished to thank and commend a committee of 8 persons composed of bankers and real estate men - all authorities n real estate values - who worked this morning on behalf of the public to review the prices proposed to be paid for the land, our own Airport & Industrial Board, the individual land owners, the members of the C. A. A., the Navy personnel and all others who have been so cooperative in this matter of the Airport. Mayor Smith read a petition which had been received from the Corpus Christi Art Foundation requesting the use of Dry Dock No. 2 for a permanent museum; and a petition received concerning the condition of the curbing on the west side of Daytona Street (3000 block) at the intersection of Miami Drive in Lawndale Addition and asking for relief. Motion by Roberts, seconded by Bigler and passed that these twp petitions be received and filed and referred to the City Manager for recommendation. Mayor Smith invited anyone in the audience with petitions or i formation for the Council on matters not scheduled on the agenda to come forward. Mrs. Franklin A. Moore, President of the Girl Scout Council, asked the reason for the delay in a decision on their request for acreage at Lake Corpus Christi for a camp site. Mrs. Moore was advised that the Council would request the City'IManager to meet with her Committ- ee in this connection, but that no decision had been reached in the matter at the'ipresent time. Mrs. Herbert Beuershausen, 4826 Kosarek, appeared speaking forl25 mothers representing 448 children taking dancing lessons at Lindale and West Side Recreational Centers, petitioning the Council to continue the program on the basis that families with 3 or 4 children cannot afford privateidancing lessons for all their children, that it is very beneficial in a cultural and social way, and that supervised activity at these Centers keeps these youngsters off the streets. Tom Pogue, attorney representing the Dancing Schools in the City in this connection, requested time to have his clients appear and present their side if the matter was to be opened for discussion before the Council. ,It was explained that the matter at this point was before the Park and Recreation Board, and had not yet come before the Council with recommendation. Motion by Bigler, seconded by Roberts and passed that the petition be received and filed, and referred to the City Manager for recommendation. Mr. William Prewett appeared and asked if the Council had yet reached.a decision in the matter of the request of the Armory Board for a site. Mr. Prewett was informed that the matter had been referred to the Zoning & Planning Department, and that the recommendation of a suitable site had not yet come before the Council. The Council next heard the City Manager's Reports. II Motion by.Bigler, seconded by Roberts and passed that the City 'Manager be authorized to adver- II 142 tise for bids to be received. December 5th for a 6-8 months' supply of House Regulators for the Gas Division. Motion by Bigler, seconded by Roberts and passed that the award of bid be made to the low bidders for Mechanical Joint Gate Valves, Tapping Sleeves and Valves as follows: To Wallace Company for $7,679.00 and to Viking Supply Company, Inc. for $9,052.63. (See Bid Tabulation #129 in File). Motion by Bigler, seconded by.Maldonado and passed that the award of bid be made to Abel Stationers, the low bidder, for 50 Masonite Top Banquet Tables for $1,075.00. (See Bid Tabulation #130 in File). Motion by Maldonado, seconded by Culli and passed that.the award of bid be made to Alamo Iron Works for 4,800 feet, 2k" Double jacketed, rubberlined Fire Hose for a net total'of $4,939.20. (See Bid Tabulat #131 in File). Motion by Bigler, seconded by Maldonado and passed that an ordinance be prepared amending Ordinance #3894 so as to provide for the installation of four 12 -minute parking meters on the south side of Peoples Street west of Mesquite Street, and so as to provide for the installation of six 30 -minute parking meters on the north side of Lawrence Street west of West Shoreline Drive adjacent to Swantner & Gordon's place of business. Motion by Bigler, seconded by Roberts and passed that the date of December 11, 1956, at 2:00 P. m., be set for a public hearing on 2 Special Council Permits and 6 zoning applications. The Acting City Manager presented a recommendation from Dr. G. Turner Moller, Acting Director of Public Health, that the City pass an ordinance prohibiting the sale of insecticides or rodenticides containing thallium in any form or concentration. Mr. W. D. Beddingfield, 603 Old Robstown Road, owner of a Pest Control business, spoke in of such an ordinance and suggested that other poisons be included in the ordinance such as arsenic and sodium fluacitate, commonly known as 1080 for which there is no known antidote. Motion by Bigler, seconded by Roberts and passed that an ordinance be prepared along these lines and be submitted to local representatives of the pest control industry and the doctors for recommendation. Motion by Bigler, seconded by Culli and passed that the award of bid be made to the low bidder, American Cast Iron Pipe Co. for 5,000 feet each of 10" and 12" Cast Iron Pipe for a total of $34,300.00; and that the bid on Asbestos Cement Pipe be deferred for further study.by Drahn Jones, Director of Public Works, as to the merits of cement pipe for our purposes. (See Bid Tabulation #132 in File). Motion by Culli,.seconded by Bigler and passed that the City exercise the option contained in the contract with Harrington & Cortelyou for the Lift Bridge over Tule Lake Channel in connection with engineering services relating to railroads, road, approaches and other necessary appurtenances for the completion of the relocation project. ORDINANCE NO. 4670 APPROPRIATING THE SUM OF $67,400.14 OUT OF NO. 202 WATERWORKS BOND IMPROVE- MENT FUND TO COVER PAYMENT TO COLUMBIA SOUTHERN CHEMICAL CORPORATION FOR THE CITY'S PORTION OF TWO (2) 16" WATER LINES, WEST OF AVERY POINT TURNING BASIN; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye Minor Culli Aye B. E. Bigler Aye Manuel P. Maldonado Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye. W. J. Roberts Aye Minor Culli Aye B. E. Bigler Aye Manuel P. Maldonado Aye ORDINANCE NO. 4671 AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A CONTRACT BETWEEN THE CITY OF CORPUS CHRISTI AND REAGAN & MC CAUGHAN FOR THE PERFORMANCE OF ENGINEERING SERVICES ON THE PRO- JECT OF DESIGN AND CONSTRUCTION OF THE SANITARY SEWAGE COLLECTION AND DIS- POSAL SYSTEM TO SERVE THE WESTERN PORTION OF THE CITY OF CORPUS CHRISTI, IN LIEU OF A CONTRACT HERETOFORE EXECUTED, DATED SEPTEMBER 22, 1955, AND AGREE- ING TO RELEASE ALL PARTIES FROM SAID FORMER CONTRACT, A COPY OF SAID NEW CONTRACT BEING HERETO ATTACHED AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. 143 The Charter Rule was suspended by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye ORDINANCE N0. 4672 AUTHORIZING AND DIRECTING THE CITY MANAGER OF THE CITY OF CORPUS CHRISTI TO EXECUTE, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, A CONTRACT WITH DEL STARR REALTY CO., INC., A CORPORATION OF NUECES COUNTY, TEXAS, AND THE CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT,.IN CONNECTION WITH THE INCOR- PORATION OF A TRACT OF LAND OUT OF LOT 5 OF THE BYRON WILLIS SUBDIVISION AND LOT 6.OF THE OSO FARM TRACTS, WHICH LIES OUTSIDE OF, BUT IS A PART OF CONTIGUOUS TERRITORY PROPOSED FOR ANNEXATION, TO THE CITY LIMITS OF THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, A COPY OF WHICH CONTRACT IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. . The Charter Rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye Minor Culli . Aye B. E. Bigler Aye Manuel P. Maldonado Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye W. J. Roberts Aye Minor Culli Aye B. E. Bigler Aye Manuel P. Maldonado Aye ORDINANCE NO. 4673 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A PROPOSAL AND AGREEMENT FOR ENGINEERING SERVICES WITH LOCKWOOD, ANDREWS & NEWNAM FOR ENGINEERING SERVICES IN CONNECTION WITH THE STREET PAVING, CURB AND GUTTER AND APPURTENANCES ON AGNES AND LAREDO STREETS FROM 21ST STREET TO STAPLES STREET (APPROXIMA- TELY) IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS; APPROPRIATING THE SUM OF $15,000.00 OUT OF NO. 220 STREET BOND IMPROVEMENT FUND TO COVER PAYMENT TO SAID ENGINEERING FIRM FOR SUCH SERVICES, A COPY OF WHICH AGREEMENT IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye Minor Culli Aye B. E. Bigler Aye Manuel P. Maldonado Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye W. J. Roberts Aye Minor Culli Aye B. E. Bigler Aye Manuel P. Maldonado Aye ORDINANCE NO. 4674 AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE AN AGREEMENT WITH E. DEXTER HAMON, ARCHI- TECT'S SERVICES IN DESIGNING A FIRE STATION IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FOR CONSIDERATION AS SET FORTH IN SAID AGREEMENT; A COPY OF WHICH AGREEMENT IS ATTACHED HERETO AND MADE A PART HEREOF; APPROPRIATING THE SUM OF $6,000.00 OUT OF NO. 212 FIRE STATION BOND CONS- TRUCTION FUND TO COVER PAYMENT TO SAID ARCHITECT FOR SUCH SERVICES; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts' Aye Minor Culli Aye B. E. Bigler Aye Manuel P. Maldonado Aye The foregoing ordinance was passed by the following vote: 144 Farrell D. Smith Aye W. J. Roberts Aye Minor Culli Aye B. E. Bigler Aye Manuel P. Maldonado -Aye ORDINANCE NO. 4675 AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXERCISE THE OPTION OF THE CITY TO EXTEND THE OPTION PERIOD FOR 120 DAYS ON APPROXIMATELY 1418.5 ACRES AND PAY FOR SUCH EXTENSION, TO BE APPLIED ON THE PURCHASE PRICE, THE PAYMENTS REQUIRED TOTALLING $14,168.25 AND SO NOTIFY THE OWNERS OF SUCH ACTION ON THE PART OF THE CITY, AS SHOWN ON THE SCHEDULE HERETO ATTACHED AND MADE A PART HEREOF; APPROPRIATING THE REAPPROPRIATING SAID SUM OF $14,168.25 OUT OF NO. 102 CURRENT FUND; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye There being no further business to come before the Council, the meeting was adjourned. PRESENT: Mayor Farrell D. Smith Commissioners: W. J. Roberts Minor Culli B. E. Bigler Manuel P. Maldonado REGULAR COUNCIL MEETING November 21, 1956 2:00 p. m. City Manager Russell E. McClure City Attorney I. M. Singer City Secretary T. Ray Kring Mayor Farrell D. Smith called the meeting to order. The Invocation was given by Reverend Ed Bennett, Chaplain of the Nueces County Jail. City Secretary Kring called the roll of those in attendance. Motion by Maldonado, seconded by Bigler and passed that the Minutes of the Regular Meeting of November 14th be approved. Mayor Smith announced the opening of bids. Bids were opened and read for 45,000 gals. Regular Gasoline, 2,500 gals. Premium Gasoline, 4,500 gals. Kerosene and 5,000 gals. Diesel Fuel from the following: Ada Oil Co. Arkansas Fuel Oil Co. Crystal Petroleum Co. Gulf Oil Corp. Humble Oil & Refining Co. The Texas Company Texas Star Oil Co., Inc. Sinclair Refining Co. Osage Oil Co. Motion by Culli, seconded by Bigler and passed that the bids for Fuel Requirements be tabled for 48 hours as required by'the City Charter, and referred to the City Manager for tabulation. Bids were opened and read for Weld Flanges & Gaskets from the following: Crane Company Norvell-Wilder Supply Co. The Rohan Company, Inc. San Antonio Machine & Supply Co. Wallace Co., Inc. Alamo Iron Works Allied Plumbing Co. Motion by Culli, seconded by Roberts and passed that the foregoing bids on various valves and fittings be tabled for 48 hours as required by the City Charter, and referred to the City Manager for tabulation. Mayor Smith announced the next matter on the agenda was a pending item to determine action relating to the Park & Recreation Department Dancing Classes. classes be continued. 1 145 Mayor Smith read the unanimous recommendation of the Park & Recreation Board that the dancing Tom Pogue, attorney, appeared in behalf of the dancing schools, and requested that the City discontinue their Dancing Classes on the basis that it is cut-rate competition in a limited field and therefore unfair competition, and that this governmental participation is very seriously threatening the livelihood of all th dancing schools in the City. The petitioners claimed it was not an aid to curbing juvenile delinquency since this was not the type of child enrolled, that these dancing classes discouraged children from going on with their dancin and further suggested that the children should be screened to see if it was actually a case of the parent not being able to afford private dancing classes for the child, but that they felt the private dancing schools could handle this situation just as readily and without embarrassment to the child as the City can. Ralph and Doris Abel, of Continental Dance Studio; Ella Ilse of the Ella Ilse Studio of the Dance; Peggy Lorenz of Lorenz School of Dancing; Raymond Hammond; Ann Parker, 3135 Evelyn, a dancing teacher; and Bill Read, real estate business; all spoke in favor of the petitioners to discontinue the City Dancing Classes. Those speaking against the petitioners and in favor of the City continuing the Park & Recrea- tion Dancing Classes, contended that the City's program was not in competition to the dance studios since they were merely offering the children supervised activity for both boys and girls and instruction in creative dancing with the view of giving them self-assurance in social contact with others, that many families cannot afford private dancing lessons for their children, especially when they have more than one child, and that these parents would be too proud to accept free lessons from a studio, and that they do not believe that 400 children in a city of 165,000 population can so seriously affect private business. Mrs. Joseph Clark; Mrs. C. T. Ford, 609 Everhart Road; Paul Vogler, 754 Omaha; Mr. and Mrs. Robbie Edgerton, 1106 Erwin; Mr. Hugh Wilkins; Mrs. J. S. Crump, 4301 Ramsey, all spoke in favor of the continuat of the Dancing Program. Motion by Culli, seconded by Roberts and passed that the hearing be closed, and the matter taken under advisement. Mayor Smith announced the result of a phone call from the C. A. A. giving the City permission to request and receive a quarter of a million dollars one year earlier than an earlier request for Federal Aid in connection with the new Municipal Airport near Clarkwood. Mayor Smith, on behalf of himself and the Council, acknowledged receipt of a Resolution passed by members of the Corpus Christi Real Estate Board, commending the Mayor for the great amount of time that he personally gave to the problem of the new Municipal Airport, the Council for their fairminded consideration of the project and the land owners for their fine cooperation in making the new airport possible; and thanked the Real Estate Board for the Resolution. Mayor Smith offered congratulations from the City Council to our Police Chief Dick Runyan upon his completion of the strenuous course at the Federal Bureau of'Investigation, and welcomed him back home. Mayor Smith invited anyone in the audience with petitions or information for the Council on matters not scheduled on the agenda to come forward. No one appeared. Mayor Smith announced the.Council would next hear the City Manager's Reports. Motion by Maldonado, seconded by Roberts and passed that the recommendation of the City Manager for the construction of a 5k foot sidewalk, 500 feet long, estimated to cost $1,375.00 adjoining the Wilson School in Pope Park, be approved. Motion by Roberts, seconded by Maldonado and passed that the Tax Error and Correction List and Supplemental Tax Roll for October, 1956, be approved. Motion by Bigler, seconded by Roberts and passed that the bids for Automotive Equipment be awarded:to the low bidders as follows: Ed Hoffman Motors Co. for a total of $39,271.80; Lewis Boggus Motors Co. for a total of $35,215.80; Roy Box Motors Co.'for $2,198.50; Gulf Chevrolet for a total.of $6,762.58; and Interna- 14.6 tional Harvester for $1,721.88; and that the bid on 4 one-half ton pickups be rejected. (See Bid Tabulation #133 in File). Motion by Culli, seconded by Roberts and passed that the City Manager be authorized to adver- tise for bids to be received December 19th for 8 pieces of Heavy Machinery for the Street Division. Motion by Culli, seconded by Roberts and passed that the award of bid for Water Tank Repair and Cleaning - Mestina &.Sam Rankin - be awarded bn the basis of low bid meeting specifications to Texarkana Tank & Bridge Co. for the removal and replacing of one riser, complete with connections and coal tar lining for $4,039.00, and that the bids for cleaning and painting the interior from the riser up be rejected and the City Manager be authorized to readvertise for bids specifying Asphalt Emulsion Paint. (See Bid Tabulation 4134 in File) ORDINANCE N0. 4676 AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI A CONTRACT WITH REAGAN'AND MC'CAUGHAN, ENGINEERS, FOR PROFESSIONAL SERVICES AT THE SITE NAMED BY THE CITY FOR- .ITS.AIRPORT, .IN ACCORDANCE WIT$ THE TERMS AND CONDITIONS OF SAID CON- TRACT, A COPY OF WHICH IS -ATTACHED HERETO AND MADE A PART HEREOF; APPRO- PRIATING THE SUM OF $30,000.00 OUT OF N0. 245 AIRPORT BOND IMPROVEMENT FUND FOR USE IN PAYING FOR SUCH SERVICES; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye Minor Culli Aye B. E. Bigler Aye Manuel P. Maldonado Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Abstained . W. J. Roberts Aye Minor Culli Aye B. E. Bigler Aye Manuel P. Maldonado Aye ORDINANCE NO. 4677 AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI A CONTRACT WITH LEIGH FISHER & ASSOCIATES FOR ADVISORY SERVICES REGARDING THE USE AND FINANCIAL OPERATIONS OF THE PROPOSED NEW MUNICIPAL AIRPORT, IN ACCORDANCE WITH THE TERMS AND CONDI- TIONS OF SAID CONTRACT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; APPROPRIATING THE SUM OF $8,500.00 OUT OF 245 AIRPORT IM- PROVEMENT BOND FUND FOR SUCH SERVICES; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye Minor Culli Aye B. E. Bigler Aye Manuel P. Maldonado Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye W. J. Roberts Aye Minor Culli Aye B. E. Bigler Aye Manuel P. Maldonado Aye ORDINANCE NO. 4678 AMENDING AN ORDINANCE ENTITLED "AN ORDINANCE PROVIDING FOR THE INSTALLA- TION AND OPERATION OF PARKING METERS; AND DESIGNATING THE STREETS UPON WHICH THEY WILL BE OPERATED; AND PROVIDING FOR THE PARKING LIMIT ON THE STREETS; REPEALING ALL ORDINANCES OR PASTS OF ORDINANCES IN CONFLICT HEREWITH AND PROVIDING FOR PENALTIES FOR VIOLATION", AND BEING ORDINANCE NO. 3894, PASSED AND APPROVED BY THE CITY COUNCIL ON THE 13TH DAY OF OCTOBER, 1954, AS AMENDED, BY AMENDING SECTION 19 SO AS TO PROVIDE FOR 30 MINUTE PARKING METERS ON THE FIRST SIX METERS WEST OF W. SHORELINE DRIVE ON THE NORTH SIDE OF LAWRENCE STREET; AND BY AMENDING'SECTION 191 SO AS TO PROVIDE FOR 12 MINUTE PARKING METERS ON THE FIRST FOUR METERS ON THE SOUTH SIDE OF PEOPLES STREET WEST OF MESQUITE STREET; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR PENALTIES FOR VIOLATION; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye Minor Culli Aye B. E. Bigler Aye Manuel P. Maldonado Aye 147 The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye W. J. Roberts Aye Minor Culli Aye B. E. Bigler Aye Manuel P. Maldonado Aye ORDINANCE NO. 4679 AUTHORIZING AND DIRECTING THE CITY MANAGER TO ACCEPT,.FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, A UTILITY EASEMENT ON AND ACROSS LOT'8, BLOCK 1, ABERDEEN SHORES ADDITION, IN LIEU OF A DEDICATED EASEMENT LYING ON AND ALONG THE BOUNDARY BETWEEN LOTS 8 AND 9 OF SAID BLOCK 1; RELINQ- UISHING ALL CLAIM OF THE CITY TO SAID DEDICATED EASEMENT IF, AS AND WHEN THE UTILITY LINES OF THE CITY LOCATED THEREIN HAVE BEEN MOVED TO THE NEW EASEMENT AND INSTALLED THEREIN TO THE SATISFACTION OF THE CITY; AND DE- CLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye Minor Culli Aye B. E. Bigler Aye Manuel P. Maldonado Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye W. J. Roberts Aye Minor Culli Aye B. E. Bigler Aye Manuel P. Maldonado Aye There being no further business to come before the Council, the meeting was adjourned. PRESENT: Mayor Pro -tem W. J. Roberts Commissioners: Minor Culli B. E. Bigler Manuel P. Maldonado REGULAR COUNCIL MEETING November 28, 1956 2:00 p. m. City Manager Russell E. McClure City Attorney I. M. Singer City Secretary T. Ray Kring Mayor Pro -tem W. J. Roberts called the meeting to order. The Invocation was given by Reverend G. S. Meyer, of Lindale Baptist Church. Motion by Maldonado, seconded by Bigler and passed that the Minutes of the regular meeting of November 21st be approved. excused. ing: Motion by Bigler, seconded by Culli and passed that the absence of Mayor Farrell D. Smith be Mayor Pro -tem Roberts announced the opening of bids. Bids were opened and read on Remodeling & additions to the Central Fire Station from the fol Price Construction Co. E. E. Harrison C. L. Castor Construction Co. Hinchberger Construction Co. Motion by Culli, seconded by Bigler and passed that the foregoing bids be tabled for 48 hours as required by the City Charter, and referred to the City Manager for tabulation. City Manager McClure announced that in connection with the bids on the Corn Products Road Water Line scheduled to be opened and read next, that the suppliers of some of the materials were unable to get the necessary information to the local contractors in time for the bidding. Motion by Culli, seconded by Maldonado and passed that the bids on the forementioned Water Line be returned to the bidders unopened, and that the City Manager be authorized to readvertise for bids to be received December 12th. Bids were opened and read for Weld Ells only from the following: Alamo Iron Works Crane Company SAMSCO Gulf Supply Co. 0 46 Motion by Culli, seconded by Maldonado and passed that the foregoing bids be tabled for 48 hours as required by the City Charter, and referred to the City Manager for tabulation. There were no bids on the Steel Pipe which had been advertised for use with the Weld Ells. Mayor Pro -tem Roberts announced the next item to be Appointments by the Council. Motion by Culli, seconded by Bigler and passed that Reverend David Rose be re -appointed, and Mrs. Frank Chilson and Mrs. George R. Clark, Jr. be appointed to membership on the La Retama Library Board for two- year terms. Motion by Bigler, seconded by Culli and passed that R. L. Voglerbe appointed to the Aviation & Industrial Advisory Board to fill.the vacancy created by the resignation of M. H. Allen, who is moving from the City. Mayor Pro -tem Roberts announced the next matter was a pending item before the Council. Motion by Maldonado, seconded by Culli and passed that the recommendation of the Park & Recrea- tion Board be accepted in connection with the Dancing Instruction at Lindale and West Side Recreation Centers, and the Dancing Instruction be continued. Commissioner Bigler wished the record to show his vote as "Nay". Mayor Pro -tem Roberts invited anyone in the audience with petitions or information for the Council on matters not scheduled on the agenda to come forward. Bill Prewett appeared and asked the status of the request of the Armory Board for a site. Mayor Pro -tem Roberts explained that the City does not at the present time have clear title to the land under consideration for this purpose. It was further brought out that the Zoning & Planning Commission were preparing a "plan use" of the 40 acres being acquired, and the plan is to include on the tract in addition to the City's proposed Central Service Terminal location, a location for the Armory and a Fire Station, and that it is expected to be able to provide an answer for Mr. Prewett very soon. Mrs. Annie Ogden, Commander of Navy Mothers, and Mrs. Tommie Ballengee, requested the use of Dry Dock #2, as an off -base center for the under -age Navy personnel. They stated that their plans include a full- time, every day of the week, paid supervisor in attendance,. plus volunteer Navy Mothers, and that the Chaplain's office is interested in the project for the Navy boys. •They further stated that it.would be supported financially by the Navy Mothers' Club here in Corpus Christi, and by the National Navy Mothers' Club. It was explained that although the Navy has discontinued their operation of the Dry Dock, title to the building has not yet reverted to the City, and until such time as it does, the Council can only entertain proposals for its future use, and that the request of the Navy Mothers will be studied along with the other re- quests. Mayor Pro -tem Roberts announced the Council would next hear the City Manager's Reports. Motion by Bigler, seconded by Culli and passed that the date of December 12, 1956, during the regular meeting, be set for a public hearing on a petition re closing of a portion of Doddridge Street. Motion by Bigler, seconded by Culli and passed that the award of bid for Fire Hydrants be made on the basis of the low bid meeting the specifications to Darling Valve & Manufacturing Co. for a total of 90 Fire Hydrants for $14,099.66, subject to the following three conditions: a. That they are. equipped with neophrene gaskets; b. bronze cap nuts; and c. with an extension from the break -a -way. (See Bid Tabulation #135 in File). Motion by Culli, seconded by Maldonado and passed that the City Manager, together with the City Attorney and those members of the City Council who are able to go, attend the public auction at 10:00 o'clock, a. m. December 4, 1956, in the General Land Office, Austin, Texas, with authority to act as the best interests of the City require in connection with the matter of the sale of land, submerged and unsubmerged, lying within an area designa- ted as Tract.0 as shown on a map entitled Sheet No. 1, Laguna Madre, Subdivision for Mineral Development, dated November 1, 1948, and revised September 1, 1951, by addition of "Cayo Del Oso" subdivision, prepared by the General Land Office of the State of Texas, in which connection either the City of Corpus Christi or Nueces County shall have first option to buy said land at the highest bid price. 149 Motion by Bigler, seconded by Culli and passed that the recommendation of the City Manager be accepted, and the plans and specifications for the swimming pool at T. C. Ayers Park specify "sand" as a filter media. Motion by Culli, seconded by Maldonado and passed that the construction of the Water Street Sanitary Sewer Collection System be accepted and payment of final estimate be approved in the amount of $18,161.82. Motion by Culli, seconded by Bigler and passed that the City Manager be authorized to advertise for bids to be received December 12th for a 6 months' supply of Caulking Lead for Warehouse stock. Motion by Bigler, seconded by Maldonado and passed that the award of bid for Fuel Requirements be made to the low bidders as follows: Regular Gasoline to Sinclair Oil & Refinery Co., approximately 45,000 gals. per month @ .164835 per gal; Premium Gasoline to Osage Oil Co., approximately 2,500 gals. per month @.19305; Kerosene to Crystal Petroleum Co., approximately 4,500 gals. per month @ .1175; and Diesel Fuel to Sinclair Refin- ery Co., approximately 5,000 gals. per month @ .10. (See Bid Tabulation #136 in File). Motion by Culli, seconded by Maldonado and passed that the award of bid for Weld Neck Flanges & Gaskets for the Gas Division be made to the low bidders as follows: Alamo Iron Works for 5 - 16" and 8 - 10" Neck Flanges for $951.60; and Gulf Supply Co. for 2 - 16" Insulating Gasket Sets for $34.50. (See Bid Tabulation #137 in File). Mr. Germand, of Gulf Supply Co., questioned the saving to the City in splitting this award sinc it was only a difference of 39e,%, and suggested that .the City give the entire order to one firm. It was explained to Mr. Germand that it was a matter of this City Council's policy to award the bids on the basis of the low bid meeting the specifications. ORDINANCE NO. 4680 PROVIDING FOR CERTAIN RATES TO BE CHARGED FOR WATER, BOTH TREATED AND UN- TREATED, AS SUPPLIED BY THE CITY WATER DEPARTMENT OF THE CITY OF CORPUS CHRISTI, TEXAS; PROVIDING CERTAIN SERVICE CHARGES AND REGULATIONS; RE- PEALING ORDINANCE NO. 1695 INSOFAR AS THE SAME IS IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE; CONTAINING A SAVINGS CLAUSE; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Absent W. J. Roberts Aye Minor Culli Aye B. E. Bigler Aye Manuel P. Maldonado Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Absent W. J. Roberts Aye Minor Culli Aye B. E. Bigler Aye Manuel P. Maldonado Aye ORDINANCE NO. 4681 AMENDING ORDINANCE NO. 3469, PASSED AND APPROVED ON THE 13TH DAY OF MAY, 1953, ENTITLED "AN ORDINANCE PRESCRIBING THE RATES TO BE CHARGED FOR SEWER SERVICE INSIDE THE CITY LIMITS AND OUTSIDE THE CITY LIMITS AND PROVIDING THAT NO FREE SERVICE SHALL BE ALLOWED; PRESCRIBING THE TIME AND PLACE FOR PAYMENTS ON ACCOUNTS; PROVIDING PENALTY FOR FAILURE TO PAY ACCOUNTS WITH- IN THIRTY (30) DAYS; AND PROVIDING FOR CONDITIONS UPON WHICH SERVICE WILL BE RESUMED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND DECLARING AN EMERGENCY", BY AMENDING SECTION 1, SO AS TO AMEND THE SCHEDULE OF RATES BASED ON WATER CONSUMPTION: PROVIDING THAT ESTABLISHMENTS USING WATER WHICH DOES NOT GO INTO THE SEWER SYSTEM MAY INSTALL, AT THEIR EXPENSE, A SEPARATE METER; CONTAINING A SAVINGS CLAUSE; PROVIDING FOR AN EFFECTIVE DATE; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following voter Farrell D. Smith Absent W. J. Roberts' Aye Minor Culli Aye B. E. Bigler Aye Manuel P. Maldonado Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Absent W. J. Robertsli Aye Minor Culli Aye B. E. Bigler Aye Manuel P. Maldonado Aye 150 ORDINANCE N0. 4682 AUTHORIZING AND DIRECTING THE CITY MANAGER OF THE CITY OF CORPUS CHRISTI TO EXECUTE, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, A CONTRACT WITH DEL STARR REALTY CO., INC., A CORPORATION OF NUECES COUNTY, TEXAS, FOR THE DEDI- CATION OF THE REQUIRED PARK ACREAGE IN CONNECTION WITH THE SUBDIVISION DEVEL- OPMENT OF SCHANEN ESTATES, AN ADDITION TO THE CITY OF CORPUS CHRISTI, TEXAS, WHICH SETS FORTH THE TERMS AND CONDITIONS OF SUCH PARK DEDICATION AND/OR CASH PAYMENT AND THE METHOD AND MEANS OF DEVELOPING SAID PARK AND CERTAIN COVENANTS AND RESTRICTIONS IN THE USE THEREOF; AND ACCEPTING A PERSONAL COVENANT, OBLI- GATION AND GUARANTEE OF R. H. STARTZELL OVER AND ABOVE THAT OF DEL STARR REALTY CO., INC., FOR PAYMENT OF THE CASH AMOUNT IN LIEU OF SAID REQUIRED PARK DEDICATION IN THE EVENT SAID CASH PAYMENT BECOMES DUE AND PAYABLE AS PROVIDED BY THE TERMS OF SAID CONTRACT, WITH COPIES OF SAID CONTRACT AND PERSONAL OBLIGATION OF R. H. STARTZELL BEING ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Absent W. J. Roberts Aye Minor Culli Aye B. E. Bigler Aye Manuel P. Maldonado Aye. The foregoing ordinance was passed by the following vote: Farrell D. Smith Absent W. J. Roberts Aye Minor Culli Aye B. E. Bigler Aye Manuel P. Maldonado Aye ORDINANCE NO. 4683 RECEIVING AND ACCEPTING.THE WORK OF T. H. LEE, CONTRACTOR, FOR THE CONSTRUC- TION OF WATER STREET SANITARY SEWER COLLECTION SYSTEM, PROJECT 8-7, LOCATED ON WATER STREET IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, AUTHOR- IZED BY CONTRACT DATED MAY 17, 1956, BY ORDINANCE NO. 4519, AUTHORIZING FINAL PAYMENT IN THE AMOUNT OF $18,161.82, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, DATED NOVEMBER 21, 1956, OUT OF FUNDS HERETOFORE APPRO- PRIATED FROM NO. 297 SANITARY SEWER BOND IMPROVEMENT FUND; PROVIDING REIM- BURSEMENT TO THE CITY IN ACCOUNTS RECEIVABLE THE AMOUNT OF $19,689.95, TO BE PAID BY THE COUNTY UPON INVOICE; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Absent W. J. Roberts Aye Minor Culli Aye B. E. Bigler Aye Manuel P. Maldonado Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Absent W. J. Roberts Aye Minor Culli Aye B. E. Bigler Aye Manuel P. Maldonado Aye ORDINANCE NO.. 4684 THIRD AND FINAL READING OF AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF.THE CITY OF CORPUS CHRISTI, TO EXECUTE A LEASE AGREEMENT WITH W. C. NICHOLSON, LEASING TO SAID W. C. NICHOLSON A TRACT OF LAND CONTAINING 30 TO 35 ACRES, SITUATED IN NUECES COUNTY, TEXAS, LOCATED ON THE 0. N. STEVENS FILTRATION PLANT PROPERTY, AT THE INTERSECTION OF HIGHWAY 71, UP RIVER ROAD AND HEARN ROAD, WEST SECTION OF SAID PROPERTY,. TO BE USED FOR FARMING AND AGRICULTURAL PURPOSES, FOR A TERM OF THREE (3) YEARS BEGINNING AUGUST 31, 1956 AND ENDING AUGUST 30, 1959, IN ACCORDANCE WITH THE FORM PRESCRIBED BY ORDINANCE N0. 4657, PASSED AND APPROVED BY THE CITY COUNCIL ON THE 24TH DAY OF OCTOBER, 1956, WITH THE EXCEPTION OF THE DELETION OF SUB -PARAGRAPH (a) OF SECTION 1, AND THE ALTERATION OF SUB- PARAGRAPH (b) OF SECTION 1 SO AS TO PROVIDE ONLY FOR A YEARLY CASH RENTAL PER ACRE. The foregoing ordinance was read for the third time and passed finally by the following vote: Farrell D. Smith Absent W. J. Roberts Aye Minor Culli Aye B. E. Bigler. Aye Manuel P. Maldonado Aye In connection with the following ordinance regarding the annexation of a certain tract of land, City Manager McClure pointed out to Tom Pogue, attorney for the Schanen Estates, and it was agreed, that there is no implied obligation on the part of the Council to reconsider any aspects of the matter, that the action is final and conclusive, unless of course reopened at the sole discretion of the Council, itself. ORDINANCE N0. 4685 RECEIVING IN AND ANNEXING TO THE CITY OF CORPUS CHRISTI, TEXAS, A TERRITORY OF 156.27 ACRES, MORE OR LESS, BEING A TRACT OF LAND OUT OF LOT FIVE (5) OF THE BYRON WILLIS SUBDIVISION AND LOT SIX (6) OF THE OSO FARM TRACTS, NUECES COUNTY, TEXAS, WHICH IS COMPOSED OF A TWENTY (20) ACRE AND A TEN (10) ACRE TRACT WHICH ARE OWNED IN FEE SIMPLE BY THE CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT, AND A 126.27 ACRE TRACT, MORE OR LESS, WHICH IS OWNED IN FEE SIM- PLE BY THE DEL STARR REALTY CO., INC., AND BEING SCHANEN ESTATES UNITS NO. 1 AND NO. 2; FULLY DESCRIBING THE SAME AS AN INTEGRAL PART OF THE CITY OF CORPUS CHRISTI, TEXAS, TOGETHER WITH ADJACENT AND CONNECTING PORTION OF WEBER ROAD; DEFINING ITS LIMITS AND DECLARING THE SAME A PART OF.THE CITY OF CORPUS CHRISTI, TEXAS, SUBJECT TO THE CONDITIONS, RULES, REGULATIONS, ORDI- NANCES AND THE CHARTER OF THE CITY OF CORPUS CHRISTI, TEXAS; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith W. J. Roberts Minor Culli B. E. Bigler Manuel P. Maldonado The foregoing ordinance was passed by the following vote: Farrell D. Smith W. J. Roberts Minor Culli B. E. Bigler Manuel P. Maldonado Absent Aye Aye Aye Aye Absent Aye Aye Aye Aye There being no further business to come before the Council, the meeting was adjourned. THE STATE OF TEXAS COUNTY OF NUECES CITY OF CORPUS CHRISTI NOTICE OF SPECIAL MEETING 151 TO THE MEMBERS OF THE CITY COUNCIL,_THE CITY MANAGER, THE CITY SECRETARY AND THE CITY ATTORNEY TO THE CITY OF CORPUS CHRISTI, TEXAS: NOTICE is hereby given that a special meeting of the City Council of the City of Corpus Christi, Texas, will be held in the City of Corpus Christi, Texas, in the Council Chamber of the City Hall, at 1:30 o'clock, p. m., on the 3rd day of December, 1956, for the purpose of Joint Meeting with Commissioner's Court to.make appoint ments to Board and Commissions as provided by Statute, and such other business.as may properly come before the Council. DATED this the 3rd day of December, 1956. [s/ W. J. ROBERTS W. J. ROBERTS, Mayor Pro -Tem City of Corpus Christi, Texas CONSENT TO MEETING We, the undersigned members of the City Council, the City Manager, the City Secretary and the City Attorney of Corpus Christi, Texas, hereby accept service of the foregoing notice, waiving any and all irregu- larities in such service and consent and agree that said meeting shall be at the time and place therein named and for the purpose therein stated. /s/ MINOR CULLI MINOR CULLI B. E. BIGLER /s/ RUSSELL E. MC CLURE RUSSELL E. MC CLURE City Manager /s/ T. RAY KRING T. RAY KRING City Secretary J. W. J. ROBERTS S/ MANUEL P. MALDONADO MANUEL P. MALDONADO I. M. SINGER I. M. SINGER City Attorney 152 SPECIAL COUNCIL MEETING JOINT MEETING OF COMMISSIONERS' COURT AND CITY COUNCIL December 3, 1956 1:30 p. m. PRESENT: Judge John Young Mayor Pro -tem W. J. Roberts Commissioners: Commissioners: Horace Caldwell Minor Culli Ben A. Bennett Manuel P. Maldonado - John J. Sablatura City Manager Russell E. McClure William E. McKinzie City Secretary T. Ray Kring City Attorney I. M. Singer The Joint Meeting of the Commissioners' Court and the City Council of the City of Corpus Christi was called to order with Judge John Young presiding. City Secretary T. Ray Kring called the roll of those in attendance. Motion by Culli, seconded by Caldwell and passed that C. Arthur Eggleston be appointed, and Richard King and Robert Sallee be re -appointed, the latter as Chairman, to membership of the Nueces County Naviga- tion Commission effective January 1, 1957, for two-ywar terms. Motion by Maldonado, seconded by Sablatura that the following be appointed to membership on the City -County Welfare Board: Antonio Guzman, Sr. and Rabbi Yonah Geller, terms to expire July 1, 1961; James H. Price of Driscoll Foundation, term to expire July 1, 1959; and Reverend J. Barcus Moore, replacing Reverend Earl Price, term to expire July 1, 1957. Motion by Culli, seconded by Sablatura and passed that the Veteran's and Juvenile Departments be removed from the City -County Welfare Board jurisdiction. There being no further business to come before the Joint Meeting, the meeting was adjourned. PRESENT: Mayor. Pro -tem W. J. Roberts Commissioners: Minor Culli B. E. Bigler Manuel P. Maldonado be excused. REGULAR COUNCIL MEETING December 5,A956 2:00 p. m. City Manager Russell E. McClure Asst City Attorney J. F. Park City Secretary T. Ray Kring Mayor Pro -tem W. J. Roberts called the meeting to order. The Invocation was given by Reverend Harold T. Branch, of St. John's Baptist Church. City Secretary Kring called the roll of those in attendance. Motion by Culli, seconded by Maldonado and passed that the absence of Mayor Farrell D. Smith Motion by Bigler, seconded by Maldonado and passed that the Minutes of the Regular Meeting of November 28th be approved. Mayor Pro -tem Roberts announced the opening of bids. Bids were opened and read for 1,000 House Regulators, Gas Division, from the following: Crane Company Puffer-Sweiven Reynolds Gas Regulators Co. Rockwell Mfg. Company Universal Controls Corp. Westcott & Greis, Inc. Motion by Culli, seconded by Maldonado and passed that the bids on House Regulators be tabled for 48 hours as required by.the City Charter, and referred to the City Manager for tabulation. Mayor Pro -tem Roberts invited anyone.in the audience with petitions or information for the Council on matters not scheduled on the agenda to come forward. Ed Williams, attorney, appeared in connection with a public hearing held during the regular meeting November.14th with regard to his client's request for the closing of the 10' alley in Block 1103, Fitchue Place. He presented new evidence in the way of photographs taken of the area in question, and affidavits to the effect that one of the property owners, a Mrs. M. 0. Johnson, has lived on her property since 1926, that her fence has been encompassing this 10' strip continuously and without interruption or contest since 1927, and that when she sold the two lots to Aldrich TV Company recently, there was no indication of an alley and she made no representation 153 of there being an alley. Mr. Williams stated that when the two lots were sold to Aldrich TV Company there was a part of the building which was located on the 10' strip, and that that part of the building which was in the 10' strip had been recently demolished without a permit from the Inspection Department and in violation of the law. He requested that the.evidence he had just presented be submitted to the City's Legal Department to determine wheth er or not the Statute of Limitations applies in the case of Mrs. Johnson and that therefore no alley exists. Motion by Bigler, seconded by Culli and passed that theevidence be received, and the matter be referred to the City Manager for investigation. City Secretary Kring read a petition which had been received, signed by 50 residents in the area, requesting the improving of West Point Road.in Molina Addition. Motion by Bigler, seconded by Maldonado and passed that the petition be received, and referred to the City Manager for study and recommendation. William J. Burke, who recently resigned as Purchasing Agent, expressed his appreciation of the opportunity of working for the City over the past 10 years, and the opportunity of serving the public and helping to make Corpus Christi the City it now is, and to wish to all those coming after him, good luck, God Speed and plenty of success. Mayor Pro -tem Roberts expressed the Council's appreciation of Mr. Burke's services as City Purchasing Agent, and wished him success in his new position, remarking that Corpus Christi's loss will be someone else's gain. Mayor Pro -tem Roberts announced the Council would next hear the City Manager's Reports. Motion by Bigler, seconded by Maldonado and passed that the request of Dudley Foy, attorney for the applicants, be granted for a postponement of the public hearing on a change of zoning -of a tract of land locat- ed at the intersection of Airline & Alameda, and that January 23rd, during the Regular Meeting, at 2:00 p. m., be set for a public hearing on this matter, with the applicant assuming the necessary costs involved in the republi- cation of said hearing. Motion by Bigler, seconded by Maldonado and passed that the City Manager be authorized to ad- vertise for bids to be received December 26th for Mobile Radio Units & Base Stations for the Police & Fire.Depts. Motion by Maldonado, seconded by Culli and passed that the bids received for Weld Ells for the High Level Bridge Crossing be rejected, and the City Manager be authorized to re -advertise for bids when the 2nd quarter Steel Bookings are available, or negotiate for these items if they become available. same time. It was noted that no bids were received for a quantity of steel pipe advertised for at the Motion by Culli, seconded by Maldonado and passed that the City Manager be authorized to adver- tise for bids to be received December 26th for Installation of the Disaster Warning System. Motion by Bigler, seconded by Culli and passed that the bid for. Alterations to the Central Fire Station be awarded to Price Construction Company, the low bidder, in the amount of $30,988.00. Motion by Culli, seconded by Maldonado and passed that the plans and specifications for paving of Louisiana Avenue between Ocean Drive and Staples Street be approved, and the City Manager be authorized to adver tise for bids to.be received January 2nd. Motion by Bigler, seconded by Culli and passed that the date of December 19th, during the regular meeting at 2:00 p. m., be set for a public hearing on an application for closing of a 15' strip of land off the northeastern boundary of Lots 4 to 11, inclusive, Block 11, in Villa Gardens. Motion by Maldonado, seconded by Culli and passed that the City Manager be authorized to adver- tise for bids to be received December 26th for 2 Garbage Packer Bodies. Motion by Culli, seconded by Maldonado and passed that the acceptance of a dedication of an alley in the Braslau Tract, Salt Lake Addition, be tabled for further consideration. Motion by Bigler, seconded by Culli and passed that the bid for Cement Asbestos and Cast Iron Pipe be awarded as follows: 154 To American Cast Iron Pipe Co. for 13,000 feet of 6" and 5,000 feet of.8" Monocast Cast Iron Pipe for $32,495.00; and to Johns -Manville Co. for 17,000 feet of 6" Cement Asbestos Pipe, with Fluid Ring -Tate Couplings for $13,430.00. (See Bid Tabulation #138 in File). Mr. Marshall Goddard, representative of San Antonio Machine & Supply Co., asked to go on record as protesting the foregoing award on the basis that his company had an equal bid and is a local distributor. Commissioner Culli explained that this pipe is being taken on an experimental basis, that the Council's information from the Engineering Department was to the effect that the difference was in the fluid joint fittings, and that the City was not in a position to experiment any further.than with the pipe itself. ORDINANCE NO. 4686 AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE A TERMINATION AGREEMENT WITH THE SOUTHWESTERN BELL TELEPHONE COMPANY CONCERNING A PBX SYSTEM LOCATED AT 1616 BUFFALO STREET, CORPUS CHRISTI, TEXAS, A COPY OF WHICH AGREEMENT IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Absent Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Absent Minor Culli Aye W. J. Roberts - Aye B. E. Bigler Aye Manuel P. Maldonado Aye In connection with the proposed ordinance to make Louisiana Avenue (north lane) one-way west; Louisiana Avenue (south.lane) one-way east; and Clifford Street between Staples Street and Alameda Street, one-way east, the following appeared to protest against making Clifford Street one-way east as proposed, on the basis that it would make an impossible traffic situation in an already intricate traffic layout, that it will not serve any pur pose, and that it would materially hurt the small businesses in the area: Jack English, Dan McMichael, B. B. Sports man, Mrs. E. B. Griggs, Bob Keeling, A. A. Davis, Mrs. E. W. Willett. Commissioner Culli requested that the records reflect his abstaining on entering in the Cliff Street traffic matter discussion. Paul Rice, Director of Traffic Engineering, explained the reasoning for the proposed change was for a better traffic pattern based on the car -count, which had been conducted in the area, and that it would provide a better access to the businesses between Palmero and Clifford. He further pointed out that if Clifford Street was wider, a two-way pattern could be provided, but that at present it is only 24 feet wide at the Santa Fe end. The businessmen asked the Council to at least table that part of the ordinance that referred to Clifford Street until after the Christmas holidays and give them time to work out a solution to the traffic situation. Mrs. Willett offered to give the City the land to widen Clifford Street in front of her pro- perty, and also requested that the City Manager check into the matter of a street dedication which she claimed was promised at the time that Biel's acquired the property in front of his store for a parking lot. Motion by Bigler, seconded by Maldonado and passed, with Commissioner Culli abstaining from voting, that the reference to Clifford Street be deleted from the ordinance to be read, and the matter be referred to the Traffic Safety Advisory Board for recommendation. ORDINANCE N0. 4687 AMENDING ORDINANCE NO. 2241 ENTITLED "AN ORDINANCE REGULATING TRAFFIC UPON THE PUBLIC STREETS, ALLEYS, AND OTHER THOROUGHFARES IN THE CITY OF CORPUS CHRISTI, TEXAS, AND FIXING A PENALTY FOR VIOLATIONS AND REPEALING ALL OTHER ORDINANCES AND SECTIONS OF ORDINANCES IN CONFLICT HEREWITH", BY AMENDING SUB -PARAGRAPH (a) OF SECTION 141 OF SAID ORDINANCE NO. 2241 AS AMENDED, BY ADDING THE FOLLOW- ING ONE-WAY STREETS: LOUISIANA AVENUE (NORTH LANE), WEST; LOUISIANA AVENUE (SOUTH LANE) EAST; AND BY AMENDING SECTION 83 SO AS TO PROHIBIT TRUCK TRAFFIC ON LOUISIANA AVENUE; CONTAINING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith W. J. Roberts Minor Culli B. E. Bigler Manuel P. Maldonado The foregoing ordinance was passed by the following vote: Farrell D. Smith W. J. Roberts Minor Culli B. E. Bigler Manuel P. Maldonado ORDINANCE NO. 4688 Absent Aye Aye Aye Aye Absent Aye Aye Aye Aye AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE A CONTRACT WITH PRICE CONSTRUCTION COMPANY FOR REMODELING AND ALTERATIONS AT THE CENTRAL FIRE STATION, PROJECT 5-3; APPRO- PRIATING THE SUM OF $32,488.00 FROM NO. 212 FIRE FACILITIES BOND IMPROVEMENT FUND, OF WHICH $30,988.00 IS FOR THE CONSTRUCTION CONTRACT, $1,000.00 FOR CONTINGENCIES, AND $500.00 FOR ENGINEERING SUPERVISION;'AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Absent W. J. Roberts Aye Minor Culli Aye B. E. Bigler Aye Manuel P. Maldonado Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Absent W. J. Roberts Aye Minor Culli Aye B. E. Bigler Aye Manuel P. Maldonado Aye ORDINANCE N0. 4689 APPROPRIATING THE SUM OF $3,000.00 OUT OF NO. 245 AIRPORT IMPROVEMENT FUND FOR USE OF PROFESSIONAL SERVICES OF FRANK DROUGHT, AIRPORT ENGINEER, FOR CONSULTATION CONCERNING FEASIBILITY OF PROPOSED NEW AIRPORT SITE AND PROCEDURE FOR PRELIMINARY APPROVAL OF AIRPORT REGULATORY BODIES INCLUDING ASSEMBLING OF NECESSARY DATA AND PREPARATION OF A MASTER PLAN, AUTHORIZED BY MOTION SEPTEMBER 19, 1956, AT A COST NOT TO EXCEED $3,000.00; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith W. J. Roberts Minor Culli B. E. Bigler Manuel P. Maldonado The foregoing ordinance was passed by the following vote: Farrell D. Smith W. J. koberts Minor Culli B. E. Bigler Manuel P. Maldonado Absent Aye Aye Aye Aye Absent Aye Aye Aye Aye 155 William T. Neyland appeared before the Council and stated that he wanted to widen to 15 feet an existing driveway in the 300 block of South Staples Street, but had been turned down by the inspection division because of the ordinance which required him to present scale drawings. out. Mr. Neyland was referred to the Director of Public Works to see if the matter could be worked Bill Schotts, Controller of Bonham's Foods, appeared .in connection with the paving, street widening, curb and gutter on Chamberlain Street. He requested that the Council grant him an exception to the 35 -foot driveway which the Director of Public Works and the Director of Traffic Engineering had allowed him, so as to permit him to have a 50 -foot driveway with laydown curbing. It was explained to Mr. Schotts that the permitted width of driveways rested entirely with the Director of Public Works at the recommendation of the Director of Traffic Engineering, and that Mr. Rice's recommen dation for a 35 -foot driveway was based on traffic safety of the many school children in the area using Chamberlain Street. 11 There being no further business to come before the Council. the Meeting was adiourned. 11 156 THE STATE OF TEXAS I COUNTY OF NUECES I CITY OF CORPUS CHRISTI I NOTICE OF SPECIAL MEETING TO THE MEMBERS OF THE CITY COUNCIL, THE CITY MANAGER, THE CITY SECRETARY AND THE CITY ATTORNEY TO THE CITY OF CORPUS CHRISTI, TEXAS: NOTICE is hereby given that a special meeting of the City Council of the City of Corpus Christi, Texas, will be held in the City of Corpus Christi, Texas, in the Council Chamber of the City Hall, at 2:00 o'clock p. m., on the 11th day of December, 1956, for the purpose of holding a Public Hearing on 6 zoning applications and 2 applications for Special Council Permits; declaring December 24, 1956, a holiday for City Employees; taking action re acquiring land from Corpus Christi Country Club; and such other matters as may properly -come before the Council. DATED this the 11th day of December, 1956. /s/ W. J. Roberts W. J. ROBERTS, Mayor Pro -tem City of Corpus Christi, Texas CONSENT TO MEETING We, the undersigned members of the City Council, the City Manager, the City Secretary and the City Attorney of Corpus Christi, Texas, hereby accept service of the foregoing notice, waiving any and all irregu- larities in such service and consent and agree that said meeting shall be at the time and place therein named and for the purpose therein stated. /s/ MINOR CULLI MINOR CULLI fs/ B. E. BIGLER B. E. BIGLER Ls/ RUSSELL E. MC CLURE RUSSELL E. MC CLURE City Manager PRESENT: Mayor Pro -tem W. J. Roberts Commissioners: Minor Culli B. E. Bigler Manuel P. Maldonado /s/ W. J. ROBERTS W. J. ROBERTS Ls/ MANUEL P. MALDONADO MANUEL P. MALDONADO Ls/ I. M. SINGER I. M. SINGER City Attorney /s/ T. RAY KRING T. RAY KRING City Secretary SPECIAL COUNCIL MEETING December 11, 1956 2:00 p. m. City Manager Russell E. McClure City Attorney I. M.. Singer City Secretary T. Ray Kring Mayor Pro -tem Roberts called the meeting to order, and the presence of the Council, with the exception of Mayor Smith, the City Manager, City Attorney, and City Secretary was recorded. Approval of the Minutes of the Special Meeting of December 3rd and the Regular Meeting of Decem- ber 5th was deferred. In deference to the number of persons in the audience who had come to be heard in connection with Item "g" on the agenda, Mayor Pro -tem Roberts announced the Council would first consider the application of F. B. Cockran, Jr. and Others for a Special Council Permit to construct a neighborhood swimming pool on Lots 2 and 3 or a re -plat of part of Block 221, Port Aransas Cliffs Subdvision and being generally that property fronting 140 feet along the East side of Santa Fe between the intersection of Williamson and Dolphin. Two letters of protest which had been received from John R. Goddard, one from Dr. Alfred L. Lane, and one from Mrs. Walter E. Beale were noted. Owen D. Cox, attorney, appeared for the applicant, and presented a -number of petitions in favor of the swimming pool. He stated that the applicant agrees to the 9 restrictions and regulations imposed by the Zoning & Planning Commission in their recommendation for approval, and that the Deed will recite the conditions in regard to the operation of the swimming pool. Mrs. B. Cockran and Mrs. W. Armstrong Price spoke in favor of the application and stated the 15'7 advantages of allowing this operation. There were 32 persons present in favor of the application. There were 3 persons present opposing the application;. Joe Alsup, representing Dr. J. R. Thomas, stated that it.would be a nuisance, that Dr. Thomas owns property and intended to build his home, that he was in favor of swimming pools, but in proper places, and felt it would create a traffic hazard. John.Goddard, 248 Ocean View, was opposed on the basis that it would devaluate his property as.a home and would -create a traffic hazard. He was also concerned about the enforcement of the regulations. Mr. Walter Beale was also opposed to the granting of the Permit. Motion by Culli, seconded by Bigler and passed.that the hearing be closed, and the application approved subject to the conditions imposed by Zoning & Planning Commission as follows:. 1. The pool shall be built and maintained as prescribed by the Texas State Department of Health Standards and regulations and installed in accordance with the submitted plans and specifications of the applicants which are attached to the application and made a part thereof. 2. All lights used in any capacity regarding the pool or other installations constructed on the property shall be installed and operated in such a manner as to eliminate any bright, direct rays shining into or visible from any residences on adjoining properties. No lights shall be over eight (8) feet above ground level and fencing and planting shall be maintained by the applicants around the perimeter of the area in a manner adequate to prevent any bright rays of light from causing inconvenience to any residents. II3. The club shall be closed on or before nine o'clock each night and it shall not be opened until one o'clock p. m. on Sundays, nor earlier than eight o'clock a. m. on weekdays. -Under no conditions shall the pool be opened or used except during the hours specified. 4. The grounds shall be fenced in part with redwood grape stakes and in part with tornado fence. Such fencing shall be installed according to accepted standards with a minimum fence height of seven (7) feet with a one -foot guard, making a minimum total height of eight (8) feet. 5. Parking facilities shall be provided with a minimum of one parking space of eight feet in width for each five families actually belonging to the Club and the parking area shall.be built and maintained according to the plans and specifications attached to the application. If such minimum proves to be inadequate and residents in the neighborhood are inconvenienced, then parking facilities will be increased. 6. There will be no loudspeaker system or music machine or juke box operated by the Club nor will loud music or any unusual noises be permitted. 7. The sale, consumption or storage of alcoholic beverages on the premises shall be prohibited. 8. No accessory concessions of any kind shall be maintained on the premises other than the sale of soft drinks which must be dispensed in paper cups only. 9. The Club membership will be limited to not more than Two hundred and fifty (250) members and, as is customary in a private club, any applicant for membership must be approved by the Board of Directors of the Club or by a confidential committee set up by the Board, and this rule shall apply regardless of how close an applicant may live to the club grounds. Next was the application of Lawrence J. Berger & K. P. Hrisskipulos for a change of zoning from "A-2" Second Apartment House District to either 11B-1" Neighborhood Business District or 11B-2" Bayfront Business 6 District on Lots 4 and 5, Block 63, Beach Portion, being located between Fitzgerald & Resaca Streets at 1517-21 W. Shoreline Drive. Lawrence J. Berger, one of the owners, stated the reasons for the application on the basis that the area is developing as business and is not desirable for residences. He hopes to develope this property for business. Mrs. W. Armstrong Price felt that it should be considered for apartment development. No one appeared in opposition to the application. Motion by Bigler, that the hearing be closed and the application taken under advisement. Commissioner Bigler withdrew his motion. 158 Motion by Culli, seconded by Maldonado and passed with Commissioner Bigler abstaining, that the hearing be.closed and the application be granted for "B-2" Bayfront Business District. Next presented was .the application-of:C.'B: Woodson Realty Co.;,for a change -of �,zoning<..fxomc,"R-1" to "B-3".on a tiact of larid.shown as -.Casa .Linda Shopping.Center on'a preliminary:plat dated'8/22/56,' Mayor Smith invited anyone present wishing to /to:.speak on the,-matter.to.do so at this. .No one appeared; At the request of the applicant, the matter was continu to 2:00 o'clock p. m., during a special meeting, on January 8, 1957. It was announced that the application of Guy I. Warren, Jack Modesett & F. Wm. Carr for a change of zoning from 11R-1" to "B-3" on 11.92 acres, more or less, located at the SE corner of Airline & S. Alameda, had been re -set by agreement for January 23, 1957, during the regular meeting at 2:00 o'clock, p. m. Next was the application of Mrs. F. G. Rednick, Paul R. Wimberly & George Strauss for a change of zoning from "R-2" Two -Family Dwelling District to "A-2" Second Apartment House District on Lots 56 through 64, Block 808, Port Aransas Cliffs, being those lots on the East side of S. Alameda running 225 feet North from Harri- son Street. Harry Dobbs, representing Mr. Rednick, and stated that the application had been made for economic reasons. He stated that Mr. Strauss was in the hospital and unable to be present. No one appeared in opposition to the application. Motion by Culli, seconded by Maldonado and passed that the hearing be closed, and the applicat tabled until January 23, 1957. In the meantime, the applicants will contact the other owners in the block in an effort to have them join in an application for similar zoning, thereby eliminating the element of.spot zoning. Next was the application of Dr. R. M. Little for a change of zoning from "A-1" First Apartment House District to "A-2" Second Apartment House District on Lot 18, Block 22, Windsor Park, Unit 4, being 4438 S. Staples, across from the Assembly of God Church. property. Dr. R. M. Little, the applicant, stated that he proposes to build a clinic and residence on the No one appeared in opposition to the application. Motion by Culli, seconded by Bigler and passed that the hearing be closed, and the matter be tabled until deed restrictions can be determined. Next was the matter of a proposed amendment to the text of the Zoning Ordinance as follows: ARTICLE IV - Definition: Family: One person, or two or more persons related either by blood or marriage, living to- gether'as a single housekeeping unit, or a group of not more than 4 persons not related by blood or marriage, living together as a single housekeeping unit. To add thereto the following: or a tax supported, welfare agency sponsored house consisting of 1 or 2 persons acting as housemother or housemothers or parents and not more than 9 related or unrelated children. Marshall Boykin stated that it was difficult to find a desirable location for the Parkway Home for Girls under the present definition. Frank Peerman, also a member of the Parkway Board, enumerated the difficulties encountered in finding a location, and in working with the Zoning & Planning office, came to the conclusion that this procedure would solve their problem. Mrs. Snyder, President of Parkway Home for Girls, related the efforts to find suitable location. application. Mrs. W. E. Curran, and Mrs. 0. A. Fensler, both of Westgate Heights, spoke in favor of the Mr. C. H. Sheffield, who lives next door to the proposed site involved, stated that his wife objects to the application. E. M. Beals, 3536 Colonial, was opposed to any change in the present zoning situation. There were 10 persons in favor of the amendment, and 2 persons against it. Motion by Culli, seconded by Bigler and passed that the hearing be closed, and the matter of the proposed amendment tabled and taken under advisement. 159 The application of Robert B. Garwood for a change of zoning from 11B-111.to "A-4" with a simultane- ous request for a Special Council Permit for the use of a tract of land out of the most Southerly portion of Ban- croft Farm Lot 11 as a trailer park, was withdrawn by the applicant, stating he didn't wish to pursue the matter in view of the opposition expressed. Motion by Culli, seconded by Bigler and passed, with Mayor Pro -tem Roberts abstaining, that the Right -of -Way Procurement Officer in the Department of Public Works, and the City Attorney's Office be authorized to negotiate with the Corpus Christi Country Club for the acquisition by the City of sufficient land extending North- ward from Shell Road along the western part of the Corpus Christi Country Club property adjacent to the Crockett and Roberts, and Woodman and Evans Tract, and adjacent to the Nueces County Navigation Tract, for use in the projec of the rail and highway approaches to the Tule Lake Channel Lift Bridge and related uses. Motion by Culli, seconded by Maldonado and passed that the City Manager be authorized to approve leave, with pay, for all City Employees for December,24, 1956, and further providing that all employees of the Sanitation Division and all other City employees, including Firemen and Policemen in the Department of Public Safet , and emergency crews in the Department of Public Utilities, required to work, be given holiday compensation, an additional day of vacation time, or compensatory time off, as may be approved by the Department Head. ORDINANCE NO. 4690 AMENDING ORDINANCES NO. 4439 AND NO. 4440 TO THE EFFECT THAT THE AUTHORITY FOR ACQUISITION OF TITLE TO LAND BE TO INCLUDE THE AUTHORIZATION FOR ACQUIR- ING THE FEE SIMPLE TITLE THEREOF; RATIFYING THE ACTS OF THE CITY ATTORNEY IN SUCH ACQUISITION PROCEEDINGS; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith W. J. Roberts Minor Culli B. E. Bigler Manuel P. Maldonado The foregoing ordinance was passed by the following vote: Farrell D. Smith W. J. Roberts Minor Culli B. E. Bigler Manuel P. Maldonado Absent Abstained Aye Aye Aye Absent Abstained Aye Aye Aye There being no further business to come before the Council, the meeting was adjourned. PRESENT: Mayor Pro -tem W. J. Roberts Commissioners: Minor Culli B. E. Bigler Manuel P. Maldonado REGULAR COUNCIL MEETING December 12, 1956 2:00 p. m. City Manager Russell E. McClure City Attorney I. M. Singer City Secretary T. Ray Kring Mayor Pro -tem Roberts called the meeting to order. The Invocation was given by Reverend T. M. Bruton, of St. Paul's Methodist Church. City Secretary Kring called the roll of those in attendance. Motion by Maldonado, seconded by Culli and passed that the Minutes of the Special Meeting of December 3rd, and the Regular Meeting of December 5th be approved. following: Motion by Culli, seconded by Bigler and passed that the absence of Mayor Smith be excused. Mayor Pro -tem Roberts announced the opening of bids. Bids were opened and read on the construction of the Corn Products Road Water Line from the Slovak Brothers, Inc. Brown & Root, Inc. T. H. Lee, Contractor Heldenfels Brothers Motion by Culli, seconded by Maldonado and passed that the foregoing bids be tabled for 48 hours as required by the City Charter, and referred to the City Manager for tabulation. 160 Bids were opened and read on 10,000 lbs. Caulking.Lead from the following: Corpus Christi Hardware Dixie Lead Co. Crane Company Houston Lead Company SAMSCO Wallace Company Alamo Iron Works Norvell-Wilder Dildy Supply Allied Plumbing American Standard Radiator Motion by Culli, seconded by Maldonado and passed that the foregoing bids be tabled for 48 hours II_ as required by the City Charter, and referred to the City Manager for tabulation. Bids were opened and read on Cleaning and interior Painting of the Water Tank at Mestina & Sam Rankin Streets from the following: bid bond. Water Tank Service Co. Claud Boatwright The bid of Water Tank Service Co. was disqualified because it was not accompanied by the require Motion by Culli, seconded by Maldonado and passed that the bid of Claud Boatwright be tabled for 48 hours as required by the City Charter, and referred to the City Manager for recommendation. Mayor Pro -tem Roberts announced the next item on the agenda was a Public Hearing on the Closing of a portion of Doddridge Street in the 1000 Block on the South side of the tract of land designated as Hopper Addition, Unit #2, adjacent to the East side of a tract of land owned and occupied by the City of Corpus Christi as Fire Station #7 and Training Center. ground details. R. W. Burr, Senior Planner, located the property under discussion on the map, and gave the back- A recommendation from the Legal Department and the Zoning & Planning Commission that the street not be closed at this time was read into the record. Mr. Jack North, representing the applicant, stated that this was considered only routine and was not a subject of litigation; that the applicant is paying taxes on this portion of the street. under advisement. No one appeared in opposition to the closing. - Motion by Bigler, seconded by Culli and passed that the hearing be closed, and the matter taken Mayor Pro -tem Roberts asked if there was anyone'in the audience with petitions or information for the Council on matters not scheduled on the agenda. Mrs. Diana Kurzner appeared as spokesman for 14 women's organizations represented at the meeting, and petitioned the City Council, in conjunction with the County Commissioners' Court to appoint a committee to be charged with the responsibility of developing and maintaining a community defense preparedness plan for the people of Corpus Christi and Nueces County. Mr. Earl Dunn, Director of Civil Defense, stated that the terms of the members of his committee who had been appointed in compliance with the ordinance passed with reference to this matter had expired, and that it was vitally necessary to the safety of the community to have a Steering Committee of citizens who were actively interested in this matter to lay down policies to be submitted for Council approval. He stated that the installa- tion of the Disaster Warning System necessitated much planning and :training for possible evacuation and knowledge of what to do in the event of either natural or man-made disaster or emergency. Steering Committee. The Council suggested that the petitioners submit to them a list of suggested names for this James E. Hays presented a petition of 75 names, representing about 80% of the property owners on North Beach, requesting that Fire Zone Two be amended to provide that any new building, or any building that is moved into the North Beach area as a permanent residence or rental must have at least a one-hour exterior fire wall, and that the Council issue a restraining order against the moving of existing buildings onto the North Beach area r 161 until the amendment has been passed. He further stated that buildings were being moved into the North Beach area from the slum areas on this side of the bridge and thereby creating the nucleus of a new slum area on North Beach and hurting the property owners in the way of insurance and loan money. Mr. H. D. Walter, of the City's Inspection Division, stated that no buildings had been moved onto North Beach without first having obtained a permit; that the Division had been reviewing the situation and suggeste either an amendment to the Building Code, or the requiring of house movers to post a bond to assure their bringing the moved buildings up to Code within a stated period after relocation, but to date there were no violations. Mr. Singer, City Attorney, suggested that the petitioners should seek relief from the County Commissioners' Court, since they were the ones who were handling the sale of these buildings in connection with the bridge and expressway right-of-ways. The Council suggested that the petitioners confer with the Inspection Division to try to work out the problem and see what, if anything, the City is in a position to do to help them. Father H. Porten, of our Lady of Perpetual Help Church on Lexington Blvd., requested that the City construct and maintain a sanitary sewer line for the 660 feet from the main sewer line in the neighborhood of Williams Drive, Lexington Blvd. and Airline to serve their premises. It was suggested that Father Porten file formal application with the Director of Public Utilities in order to get the matter started, and to work out the financial details for construction for which the benefitted property owners were responsible, the City's responsibility being for inspection and maintenance only. George Dillon, representing the Portaires Improvement Association, requested better lighting in the Portaires area, and stated that the request had been made through the City Manager, referred to the Director of Traffic Engineering and then C. P. & L. and that the engineering surveys had been completed, and that he was request- ing the Council to approve the recommendation of Mr. Rice for the street lighting in this area. The Council informed Mr. Dillon that the matter had been taken up by the Council, was referred back to C. P. & L. for revision along the Council's thinking that because of the great amount of light emanating f the shopping area at Portaires and Ayers both, the greater need for lighting was on the other side of the street at these points: He was further informed that according to their information, traffic volume did not warrant the installation recommended by C. P. & L. Mr. Ray Peterson requested some improvement in the traffic situation at the corner of Ayers and Port at the "Y". He also stated that the pumps of the filling station there were located about 29' out on City property which was contributing to the traffic situation, and that he had called the attention of the Traffic Engineer to this situation at the "Y". Mayor Pro -tem Roberts announced the Council would next hear the City Manager's Reports. Motion by Culli, seconded by Maldonado and passed that the City Manager be authorized to adver- tise for bids to be received January 2nd for a quantity of Pipe Repair Clamps for Warehouse Stock. Motion by Maldonado, seconded by Culli,and passed that the City Manager be authorized to adver- tise for bids to be received January 9th for Manhold Rings and Covers, Valve Box Boots and Covers and Meter Boxes and Covers. Motion by Culli, seconded by Bigler and passed that the City Manager be authorized to advertise for bids to be received January 2nd for a 6 -month's supply of Tires and Tubes for Automotive Warehouse Stock. Motion by Bigler, seconded by Culli and passed that the following recommendations of the City Manager be approved in connection with street lighting: 1. that 8 Mercury Vapor Lights and a 4' safety island approximately 370' long be installed in the Shell Center Shopping area. 2. that 19 - 2500 lumen street lights be installed in Dona Park and Manchester Place Subdivision 3. that 14 additional street lights be installed on the East side of S. Staples Street between Hamlin and Gollihar Road, south of Everhart. Motion by Bigler, seconded by Culli and passed that the City Manager be authorized to accept the 162 dedication of an alley known as Caroline Lane, in the SSlt Lake Addition of the Braslau Tract. Motion by Culli, seconded by Maldonado and passed that the Plans and Specifications for the Paving of Morgan Street from Ocean Drive to.19th Street be approved, and the City Manager be authorized to adver- tise for bids to be received January 16th. Motion by Culli, seconded by Maldonado and passed that the report and recommendations of the Aviation & Industrial Advisory Board, concurred in by Reagan & McCaughan, engineers for the Airport, be approved re the selection of Donnelly and Whittet as architects for the new Airport project. Motion by Culli, seconded by Bigler and passed that the City Manager be authorized to advertise for bids to be received January 9th for a quantity of 12", 15" and 18" Concrete Pipe for Warehouse Stock. Motion by Culli, seconded by Maldonado and passed that the award of bid for 1,000 House Regula- tors be made to Rockwell Manufacturing Co. at its low bid of $5,390.00. (See Bid Tabulation #139 in File). Motion by Culli, seconded by Bigler and passed that in connection with the paving of S. Staples Street South of Hamlin Drive, that the Director of Public Works be directed to order the contractor to omit the proposed improvements abutting the Benefield property to the center of the right-of-way on all sides of the Bene- field property except that where a median strip is to be installed and that the improvements be constructed the few feet necessary to completely install the median strip, but that otherwise the streets be left unimproved abutt- ing the Benefield property. The City Secretary was directed to record that it was the opinion of the Council that the adjust ment made in the assessment against the Benefield property in connection with the S. Staples Street Improvements should be nullified, and revert to the original assessment. Motion by Bigler, seconded by Maldonado and passed that the City _Manager be authorized to adver- tise for bids to be received at a special meeting of the City Council at 10:00 o'clock, a. m., January 16, 1957, for the sale of previously authorized General Obligation Bonds in the amount of $1,750,000 for the Airport, and $820,000 for Storm Sewer Improvements; and that the City exercise its option in not permitting the Fiscal Agent, McClung & Knickerbocker, the right to bid on these bonds. ORDINANCE N0. 4691 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A TERMINATION AGREEMENT WITH H. C. RAHN, D/B/A RAHN, INC., WHEREBY THE PARTIES AGREE TO TERMINATE THAT PORTION OF A CERTAIN LEASE AGREEMENT DATED JULY 18, 1956, INSOFAR AS BUILDING 603, LOCATED AT CUDDIHY FIELD, NUECES COUNTY, TEXAS, IS CONCERNED, AND AGREE TO THE REDUC- TION OF THE RENT TO $87.50 PER MONTH, EFFECTIVE SEPTEMBER 1, 1956, A COPY OF WHICH AGREEMENT IS ATTACHED HERETO AND MADE A PART FE REOF; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Absent W. J. Roberts Aye Minor Culli Aye B. E. Bigler Aye Manuel P. Maldonado Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Absent W. J. Roberts Aye Minor Culli Aye B. E. Bigler Aye Manuel P. Maldonado Aye ORDINANCE N0. 4692 AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE A RELEASE OF SPECIAL ASSESSMENT IN THE AMOUNT OF $79.41 AGAINST THAT CERTAIN PROPERTY FRONTING 55 FEET ON THE WEST SIDE OF BALDWIN BOULEVARD DESCRIBED AS BEING LOT 4, BLOCK 5, BALDWIN PARK, AN ADDI- TION TO THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, AS SHOWN BY MAP OR PLAT THEREOF OF RECORD IN THE OFFICE OF THE COUNTY CLERK, NUECES COUNTY, TEXAS, AND THE OWNER THEREOF, V. L. MC CAULLEY, FOR AND IN CONSIDERATION OF THE PAYMENT OF SUCH ASSESSMENT IN THE AMOUNT OF $79.41, A COPY OF WHICH RELEASE IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. 163 The Charter Rule was suspended by the following vote: Farrell D. Smith Absent W. J. Roberts Aye Minor Culli Aye B. E. Bigler Aye Manuel P. Maldonado Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Absent W. J. Roberts Aye Minor Culli Aye B.'E. Bigler Aye Manuel P. Maldonado Aye ORDINANCE NO. 4693 AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE A RELEASE OF SPECIAL ASSESSMENT IN THE AMOUNT OF $62.00 AGAINST THAT CERTAIN PROPERTY FRONTING 50 FEET ON THE WEST SIDE OF NIAGARA STREET, DESCRIBED AS LOT 2, BLOCK 9, SEGREST ADDITION, AN ADDITION TO THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, AS SH014N BY MAP OR PLAT THEREOF OF RECORD IN THE OFFICE OF THE COUNTY CLERK, NUECES COUNTY, TEXAS, AND THE OWNER THEREOF AUGUST G. WACKAR, FOR AND IN CONSIDERATION OF THE PAYMENT OF SUCH ASSESSMENT IN THE AMOUNT OF $62.00, A COPY OF WHICH RELEASE IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMER- GENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Absent W. J. Roberts Aye Minor Culli. Aye B. E. Bigler Aye Manuel P. Maldonado Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Absent W. J. Roberts Aye Minor Culli Aye B. E. Bigler Aye Manuel P. Maldonado Aye ORDINANCE NO. 4694 MAKING IT UNLAWFUL FOR ANY PERSON TO ALLOW OR PERMIT ANY DOG TO RUN AT LARGE IN THE CITY OF CORPUS CHRISTI; DEFINING "RUNNING AT LARGE"; PROVIDING EXCEPTIONS TO RUNNING AT LARGE; PROVIDING PENALTIES FOR VIOLATION; CONTAINING A REPEALING AND SAVINGS CLAUSE; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Absent W. J. Roberts Aye Minor Culli Aye B. E. Bigler Aye Manuel P. Maldonado Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Absent W. J. Roberts Aye Minor Culli Aye B. E. Bigler Aye Manuel P. Maldonado Aye ORDINANCE NO. 4695 REGULATING THE OPERATION OF THE CITY HUMANE DEPARTMENT; PROVIDING FOR THE LICENSING OF DOGS AND OTHER ANIMALS; PROVIDING REQUIREMENTS OF VETERINARIANS; PROVIDING PENALTIES; CONTAINING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith W. J. Roberts Minor Culli B. E. Bigler Manuel P. Maldonado The foregoing ordinance was passed by the following vote: Farrell D. Smith W. J. Roberts Minor Culli B. E. Bigler Manuel P. Maldonado Absent Aye Aye Aye Aye Absent Aye Aye Aye Aye There being no further business to come before the Council, the meeting was adjourned. PRESENT: Mayor Farrell D. Smith Commissioners: W. J. Roberts Minor Culli B. E. Bigler Manuel P. Maldonado REGULAR COUNCIL MEETING December 19, 1956 2:00 p. m. City Manager Russell E. McClure City Attorney I. M. Singer City Secretary T. Ray Kring; Mayor Farrell D. Smith called the meeting to order. The Invocation was given by Reverend Robert A. Pittman of the First Presbyterian Church. City Secretary Kring called the roll of those in attendance. Motion by Roberts, seconded by Bigler and passed that the Minutes of the Special Meeting of December 11th and the Regular Meeting of December 12th be approved. Mayor Smith announced the opening of bids. Bids were opened and read on 8 pieces of Heavy Machinery from the following: Dulaney Service Co. Girard Machinery & Supply Co. Ingram Equipment Co. Roy Klossner Co. H. W. Lewis Co. Jess McNeel Machinery Co. Pearce Equipment Co. Wm. K. Holt Machinery Co. So. Texas Equipment Co., Inc. Thurman Rental & Sales Corp. Motion by Bigler, seconded by Culli and passed that the foregoing.bids be tabled for 48 hours as required by the City Charter, and referred to the City Manager for tabulation. Mayor Smith announced the next item on the agenda was two pending items before the Council. Motion by Culli, seconded by Maldonado and passed that the recommendation of the Zoning & Plann ing Commission be accepted, and the application of Dr. R. M. Little be denied for a change of zoning from "A-1" to "A-2" on Lot 18, Block 22, Windsor Park Unit 4,'being 4438 S. Staples, across from the Assembly of God Church. Motion by Roberts, seconded by Bigler and passed that the matter of the Parkway Home for Girls be taken care of through the regular procedure of a Special Council Permit, and the text of Article IV - Definition of the Zoning Ordinance be amended only if shown to be necessary. Mayor Smith announced the next matter was a Public Hearing on the application for the closing of a 15' strip off the NE boundary of Lots 4-11 inclusive, Block 11, Villa Gardens. Mr. C. 0. Haynie, of Guaranty Title & Trust Co., appeared for the applicant and reviewed the status of the title of the property involved. Mrs. Rayle, the owner of the abutting property, stated that she had no objection to the closing. Motion by Culli, seconded by Bigler and passed that the matter be tabled until the next regular Council meeting, and in the meantime be studied further for a determination of the street line on Villa Drive. Mayor Smith recognized the presence in the audience of Mayor Milton F. Boatright of Mathis and welcomed him to the meeting. Mayor Smith asked if there were any petitions or information from the audience for the Council on matters not scheduled on the agenda. Mrs. Franklin Moore, President of the Girl Scouts, presented a petition of 598 names, request the Council to approve the execution by the Lower Nueces River Supply District of a lease upon a certain tract of 1 above the 104 -foot elevation mark at Lake Corpus Christi in order that they can immediately start the construction of permanent improvements for the Girl Scouts summer camp. There followed a lengthy discussion of the problems involved and the overall situation with regard to the Lake property by the Council, Mr. Ken Moss, and Mrs. Moore. Mrs. Moore stated that they would consider less water front with more area extending back from the shore, but that because of the permanent improvements which they planned to construct, it would be highly im- practical unless they could obtain something like a 99 -year lease, or at least not be limited by the City Charter provision of a 5 -year lease. The Director of Public Utilities was directed to obtain a definite opinion from the City Attorney and the Attorney for the Water District, after review of our contract, as to what terms the City can legally make. 165 Motion by Bigler, seconded by Roberts and passed that the petition be received and filed, and the matter be referred to the City Manager for study. Mr. Clarence Stout asked the Council two questions: First, what they had been doing toward making a decision in the two years since the request was first made, and secondly, if it was the Council's opinion that the area should be commercialized rather than allocated to character -building youth organizations. In answering Mr. Stout, the Council pointed out that this particular problem had only been envisioned since the reality of the Mathis.Dam, and that since February they had been having the studies and sur- veys made because the matter had to be decided for the benefit of all the people from real and definite facts and knowledge and not from hypothetical guesses, and that in answer to his second question, assuming Mr. Stout did not include a State Park in his definition of "commercializing", there was no land available for commercial purposes at the Lake. Mr. Stout stated that as "Mr. Citizen" he wished to say that he had admired this Council more than any in the past 12 years for their accomplishments and their decisions, and he hoped they wouldn't let him down in this matter. Mrs. R. 0. Thomas said she would like the Council to know that speaking as a Scout Leader, the general public would not like any decision that would prevent pre -scout age children and their parents from enjoying the camping facilities at the Lake. Mayor Smith invited Mayor Boatright to speak on his views in the matter. Mayor Boatright said that he had come as a spectator and did not intend to enter into the discussion because the property involved belongs to the City of Corpus Christi, but that the people of Mathis feel that it would best serve the greatest area as a State Park, and thereby relieve the City of Corpus Christi financially. He pointed out that this is the only park in an area of 36,000 square miles, and that he would like to see the City of Corpus Christi give the State Park Board a chance to submit a comprehensive plan for development as a State Park, and then see what land could be leased to the Boy and Girl Scouts of the area. A petition of 66 signatures was received from the Carver Community Civic League requesting that the name of Rabbit Run Road be changed to Greenwood Drive. This was received and filed and referred to the City Manager for study as to cost to the City for change of street signs, maps, postal service, City and County records, etc. Mayor Smith announced the Council would next hear the City Manager's Reports. Motion by Bigler, seconded by Culli and passed as follows: a. That the award of bid for 10,000 lbs. Caulking Lead for Warehouse Stock be made to Houston Lead Company for $1,650.00 on the basis of the low bid meeting the specifications; (See Bid Tabulation #140 in File); b. That the award of bid for Painting & Cleaning of the Interior of the Water Tank at Sam Rankin & Mestina Streets be made to Claud Boatright for $1,600.00 on the basis of the low bid; (See Bid Tabulation #141 in File) ; C. That the City Manager be authorized to advertise for bids to be received April 17, 1957, when second quarter steel is to be available, on various quantities and sizes of Steel Pipe for Warehouse Stock & Bond Projects; d. That the award of bid for 1 Radar Speed Meter and 1 Power Cable, 10 feet long, be made to Kar-Trol Signal Co., Inc., for $999.05 on the basis of the low bid; (See Bid Tabulation #142 in File); e. That the Plans & Specifications for Gollihar Storm Sewer, Units 5 and 6, Carroll Lane to Ayers, be approved, and that the City Manager be authorized to advertise for bids to be received January 16, 1957; 166 f. That Addendum No. 1 on Morgan Street Paving, which includes the storm sewer from Santa Fe to the Bay, be approved. Motion by Bigler, seconded by Maldonado and passed that the specifications be changed and so approved in connection with the overhang eave of the Coliseum to provide for copper bearing metal lath rather than galvanized metal lath, and to include an additional alternate for k" cement asbestos board on wood framing, and that the City Manager be authorized to advertise for bids to be received January 16, 1957. ORDINANCE NO. 4696 AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE A CONTRACT WITH HELDENFELS BROTHERS FOR THE CONS- TRUCTION OF THE CORN PRODUCTS ROAD WATER LINE, PROJECT 7-53-2, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, AS MORE FULLY DESCRIBED IN THE PLANS, SPECIFICATIONS AND CONTRACT DOCUMENTS, MADE A PART HEREOF BY REFER- ENCE; APPROPRIATING THE SUM OF $82,970.00, OF WHICH $78,972.85 IS FOR CONSTRUCTION AND $3,997.15 IS FOR CONTINGENCIES, SAID AMOUNT OF $82,970.00 TO BE APPROPRIATED FROM THE FOLLOWING FUNDS: $32,496.96 FROM NO. 298 WATER- WORKS IMPROVEMENT FUND AND $50,473.04 FROM NO. 202 WATERWORKS IMPROVEMENT FUND; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye Minor Culli Aye B. E. Bigler Aye Manuel P. Maldonado Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye W. J. Roberts Aye Minor Culli Aye B. E. Bigler Aye Manuel P. Maldonado Aye ORDINANCE NO. 4697 S APPROPRIATING THE SUM OF $5,814.00 FROM NO. 245 AIRPORT BOND IMPROVEMENT FUND AND $2,726.00 FROM NO. 295 STORM SEWER IMPROVEMENT BOND FUND FOR EXPENSES IN CONNECTION WITH THE SALE OF AND ISSUANCE OF $1,750,000.00 AIRPORT BONDS AND $820,000.00 STORM SEWER'IMPROVEMENT BONDS ON JANUARY 16, 1957; AND DECLARING AN EMERGENCY.. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye Minor Culli Aye B. E. Bigler Aye Manuel P. Maldonado Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye W. J. Roberts Aye Minor Culli Aye B. E. Bigler Aye Manuel P. Maldonado Aye ORDINANCE N0. 4698 RECEIVING AND ACCEPTING THE WORK OF REWORKING BASE AND DOUBLE ASPHALT SURFACE TREATMENT OF APPROXIMATELY 20 MILES OF STREETS IN THE CITY OF CORPUS'CHRISTI, PERFORMED BY THOMAS L. SCOTT, UNDER HIS CONTRACT WITH THE CITY DATED JUNE 27, 1956, AS AUTHORIZED BY ORDINANCE NO. 4566; AUTHORIZING PAYMENT OF FINAL ESTI- MATE, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, DATED NOVEM- BER 30, 1956, IN THE AMOUNT OF $29,333.53, TO BE PAID FROM FUNDS PREVIOUSLY APPROPRIATED FOR CONSTRUCTION AND CONTINGENCIES AND OUT OF THIS APPROPRIATION; APPROPRIATING THE SUM OF $1,926.88 FROM NO. 220 STREET BOND IMPROVEMENT FUND; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye Minor Culli Aye B. E. Bigler Aye Manuel P. Maldonado Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye W. J. Roberts Aye Minor Culli Aye B. E. Bigler 'Aye Manuel P. Maldonado Aye 16'7 ORDINANCE NO. 4699 AMENDING ORDINANCE NO. 2204, PASSED AND APPROVED BY THE CITY COUNCIL ON THE 30TH DAY OF DECEMBER, 1947, COMMONLY KNOWN AS THE ELECTRICAL CODE FOR THE CITY OF CORPUS CHRISTI, TEXAS, AS AMENDED, BY REPEALING AND DE- LETING SECTION 9-8, MOTOR CONTROL EQUIPMENT -SWITCHES; SECTION 9-9, MUL- TIPLE MOTOR BRANCH CIRCUIT CONTROL; AND SECTION 9-10, MOTOR INSTALLA- TION REQUIREMENTS; KEEPING IN EFFECT ALL OTHER PROVISIONS OF ORDINANCE NO. 2204, AS AMENDED; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye Minor Culli Aye B. E. Bigler Aye Manuel P. Maldonado Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye W. J. Roberts Aye Minor Culli Aye B. E. Bigler Aye Manuel P. Maldonado Aye RESOLUTION NO. 4700 DESIGNATING THAT A PORTION OF RIGHT OF WAY NO. STATE 358 LEXINGTON BOULE- VARD ALONG AND OVER ITS EXISTING LOCATION IN THE CITY OF CORPUS CHRISTI, EXTENDING FROM THE EAST CITY LIMITS OF CORPUS CHRISTI TO DODD DRIVE IN NEMAC SUBDIVISION FOR THE ESTABLISHMENT AND CONSTRUCTION OF A PROJECT IN THE NATURE OF A FREEWAY AND FRONTAGE STREET IMPROVEMENT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye Minor Culli Aye B. E. Bigler Aye Manuel P. Maldonado Aye The foregoing resolution was passed by the following vote: Farrell D. Smith Aye W. J. Roberts Aye Minor Culli Aye B. E. Bigler Aye Manuel P. Maldonado Aye ORDINANCE NO. 4701 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE RELEASES OF SPECIAL ASSESSMENT AS FOLLOWS: ONE IN THE AMOUNT OF $530.37 AGAINST THE EAST OR NORTHEAST TWELVE FEET OF LOT 21, AND ALL OF LOT 22 IN BLOCK 22 OF LINDALE PARK, SECTION 2, CORPUS CHRISTI, TEXAS, AS SHOWN BY MAP OR PLAT THEREOF OF RECORD IN THE OFFICE OF THE COUNTY CLERK, NUECES COUNTY, TEXAS, AND THE OWNER THEREOF A. R. HOFFMAN; AND THE OTHER IN THE AMOUNT OF $72.20 AGAINST THAT CERTAIN PRO- PERTY DESCRIBED AS BEING LOT 6, BLOCK 5, BALDWIN PARK, AN ADDITION TO THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, AS SHOWN BY MAP OR PLAT OR RECORD IN THE OFFICE OF THE COUNTY CLERK, NUECES COUNTY, TEXAS, AND THE OWNER THEREOF BILL G. MCNEW, A COPY OF WHICH RELEASES ARE ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye Minor Culli Aye B. E. Bigler Aye Manuel P. Maldonado Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye W. J. Roberts Aye Minor Culli Aye B. E. Bigler Aye Manuel P. Maldonado Aye There being no further business to come before the Council, the meeting was adjourned. excused. REGULAR COUNCIL MEETING December 26, 1956 2:00 p. m. PRESENT: Mayor Farrell D. Smith Commissioners: W. J. Roberts City Manager Russell E. McClure Minor Culli City Attorney I. M. Singer Manuel P. Maldonado City Secretary T. Ray Kring Mayor Farrell D. Smith called the meeting to order. There was no Invocation due to the absence of the invited Guest Chaplain. City Secretary Kring called the roll of those in attendance. Motion by Culli, seconded by Roberts and passed that the absence of Commissioner Bigler be Mayor Smith announced the opening of bids. Bids were opened and read on Mobile Radio Units and 2 Base Stations from the following: Motorola Communications & Electronics, Inc. General Electric Co. Motion by Culli, seconded by Roberts and passed that the foregoing bids be tabled for 48 as required by the City Charter and referred to the City Manager for tabulation. Bids were opened and read on Installation of the Disaster Warning System from the following: Bradley's Electric Construction Co. Scott Electric Co. A & H Electric Co. Cline Electric Co. Motion by Culli, seconded by Maldonado and passed .that the foregoing bids be tabled for 48 hours as required by the City Charter and referred to the City Manager for tabulation. Bids were opened and read on Garbage Packer Bodies for installation on City owned Ford Trucks from the following: Dulaney Service Co. 0. L. Neyland Par -Mor Manufacturing Co. Seal -Press, Inc. Motion by Culli, seconded by Maldonado and passed that the foregoing bids be tabled for 48 hours as required by the City Charter and referred to theCity Manager for tabulation. Mayor Smith announced a pending item before the Council of the application for the closing of a 15' strip off the NE boundary of Lots 4-11 inclusive, Block 11, Villa Gardens. strip be closed. Motion by Culli, seconded by Roberts and passed that the application be granted and the 15' Mayor Smith invited anyone in the audience with petitions or information for the Council on matters not scheduled on the agenda to come forward. No one appeared. Mayor Smith announced the Council would next hear the City Manager's Reports. In connection with the Tax Error & Correction List and Supplemental Tax Roll for November, 1956, Mayor Smith announced that he wished to disqualify himself with reference to the Estate of Walter F..Timon, Lots 5 to 8, Block 9, Bluff Addition, due to his connection as an attorney with Mr. Burruss, and that Commissioner Culli wished to disqualify himself with reference to Culli's Camera Store #3, Personal 4126 Ayers, and that they would abstain from voting on the particular items. Motion by Roberts, seconded by Maldonado and passed. that the Tax Error & Correction List and Supplemental Tax Roll for November, 1956, be approved with the foregoing qualifications. Motion by Roberts, seconded by Maldonado and passed that the City Manager be authorized to advertise for bids to be received January 9th on Copper Tubing for Warehouse Stock, and on January 16th for 50 -tons of Fertilizer for the Golf Course and Park Areas. 169 ORDINANCE NO. 4702 AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI ADOPTED ON THE 27TH DAY OF AUGUST, 1937, APPEARING OF RECORD IN VOLUME 9, PAGES 565 ET SEQ OF THE ORDINANCE AND RESOLUTION RECORDS, AS AMENDED FROM TIME TO TIME AND PARTICULARLY AS AMENDED BY ORDINANCE NO. 2266 PASSED AND APPROVED ON THE 4TH DAY OF MAY, 1948, APPEARING OF RECORD IN VOLUME 16, PAGES 339 ET SEQ OF THE ORDINANCE AND RESOLUTION RECORDS, BY AMEND- ING THE ZONING MAP ADOPTED ON THE 4TH DAY OF MAY, 1948, BY CHANGING THE ZONING OF BLOCK A, CHULA VISTA NUMBER 2 ADDITION, FROM "R-1" ONE -FAMILY DWELLING DISTRICT TO "B-1" NEIGHBORHOOD BUSINESS DISTRICT; BY CHANGING THE ZONING OF THE EAST 170' OF THE WEST 500' OF THE NORTH 5 ACRE TRACT OUT OF LOT 8, SECTION D, PAISLEY'S SUBDIVISION OF THE HOFFMAN TRACT, FROM "R-1" ONE -FAMILY DWELLING DISTRICT TO "L -I" LIGHT INDUSTRIAL DISTRICT; AND BY CHANGING THE ZONING OF.THAT PORTION OF PROPERTY NOT ALREADY ZONED"B-3", BEING GENERALLY THAT PROPERTY ON THE WEST SIDE OF THE 3900 BLOCK OF SOUTH PORT AVENUE, AS MORE PARTICULARLY DESCRIBED. HEREIN, FROM "R-1" ONE -FAMILY DWELLING DISTRICT TO "B-3" SECONDARY BUSINESS DISTRICT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXIST- ING ORDINANCE AS AMENDED, REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye Minor Culli Aye B. E. Bigler Absent Manuel P. Maldonado Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye W. J. Roberts Aye Minor Culli Aye B. E. Bigler Absent Manuel P. Maldonado Aye ORDINANCE NO. 4703 APPROPRIATING THE SUM OF $2,500.00 FROM NO. 245 AIRPORT BOND IMPROVEMENT FUND FOR EXPENSES IN CONNECTION WITH THE NEW AIRPORT PROJECT; AND DECLAR- ING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye Minor Culli Aye B. E. Bigler Absent Manuel P. Maldonado Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye W. J. Roberts Aye Minor Culli Aye B. E. Bigler Absent Manuel P. Maldonado Aye ORDINANCE N0. 4704 APPROPRIATING AND REAPPROPRIATING THE SUM OF $1575.60 FROM THE 102 CURRENT FUND, AS PROVIDED IN THE BUDGET FOR THE FISCAL YEAR 1956-57, FOR THE PUR- CHASE BY THE CITY OF TRACT C OF CAYO DEL OSO AS SHOWN BY SHEET NO. 1, LAGUNA MADRE SUBDIVISION FOR MINERAL DEVELOPMENT, DATED NOVEMBER 1, 1948, AND REVISED SEPTEMBER 1, 1951, CONTAINING APPROXIMATELY 780 ACRES; AUTHOR- IZING AND DIRECTING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECT THE ACQUISITION OF SUCH PROPERTY; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye Minor Culli Aye B. E. Bigler Absent Manuel P. Maldonado Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye W. J. Roberts Aye Minor Culli Aye B. E. Bigler Absent Manuel P. Maldonado Aye. ORDINANCE NO. 4705 APPROPRIATING THE SUM OF $925.00 FROM NO. 209 STREET TRAFFIC CONTROL SYS- TEM BOND IMPROVEMENT FUND TO COVER THE COST FOR CONSTRUCTION OF A CENTER OF STREET ISLAND 380' LONG AND 4' WIDE FOR LOCATION OF STREET LIGHTS ON OLD ROBSTOWN ROAD BETWEEN LEOPARD AND LIPAN STREETS IN THE CITY OF CORPUS CHRISTI, TEXAS; PROVIDING FOR SUCH CONSTRUCTION TO BE DONE BY OUTSIDE FORCES; AND DECLARING AN EMERGENCY. 170 The Charter Rule was suspended by the following vote: Farrell D. Smith W. J. Roberts Minor Culli B. E. Bigler Manuel P. Maldonado The foregoing ordinance was passed by the following vote: Farrell D. Smith W. J. Roberts Minor Culli B. E. Bigler Manuel P. Maldonado Aye Aye Aye Absent Aye Aye Aye Aye Absent Aye An ordinance prohibiting the sale of insecticides or rodenticides containing thallium and sodium fluroacetate (compound 1080) in any form or concentrate was read. William Shireman, representing Mr..J. E. Echols of Echols Manufacturing Company, stated that the thallium used in the Echols insecticide, known as King Tex, has had an ingredient added to repel children from eating it. He offered samples, without the poison to demonstrate his point. It was found to be very bitter. He further stated that the State Health Department of Louisiana had reinstated their present permit with this added ingredient. The Mayor stated the Council realized the hardship such legislation would work on his client, and suggested action be delayed one week to permit Mr. Shireman's clearance with the Medical Society and Health Department. It was pointed out that when the matter was discussed in the Council previously, it was felt that arsenic should be included in the same ordinance. Motion by Culli, seconded by Roberts and passed that the matter be deferred until January 2nd regular Council meeting. PRESENT: Mayor Farrell D. Smith Commissioners: W. J. Roberts Minor Culli B. E. Bigler Manuel P. Maldonado There being no further business, the meeting was adjourned. REGULAR COUNCIL MEETING January ,2,.1957 2:00 p. m. City Manager Russell E. McClure City Attorney I. M. Singer City Secretary T. Ray Kring Mayor Farrell D. Smith called the meeting to order. The Invocation was given by Reverend Stephen Schullery, of St. Stephens Lutheran Church. City Secretary Kring called the roll of those in attendance. Motion by Culli, seconded by Roberts and passed that the Minutes of the Regular Meetings of December 19th and December 26th, 1956, be approved. from the following: Mayor Smith announced the opening of bids. Bids were opened and read for Louisiana Street Improvements, Ocean Drive to South Staples, Heldenfels Brothers J. M. Dellinger, Inc. C. L. Castor Construction Co. Brown & Root, Inc. Motion by Culli, seconded by Roberts and passed that the bids on Louisiana Street Improve- ments be tabled for 48 hours as required by the City Charter, and referred to the City Manager for tabulation. Bids were opened and read for Full Circle Pipe Repair Clamps from the following: Republic Supply Co. The Rohan Company Viking Supply Corp. SAMSCO Norvell-Wilder Co. Motion by Bigler, seconded by Roberts and passed that the bids for Full Circle Pipe Repair Clamps be tabled for 48 hours, as required by the City Charter, and referred to the City Manager for tabulation. 1'71 Bids were opened and read on Tires from the following: Ada Oil Co. Hunt's Quick Tire Service Dickenson Gen. Tire Service Good Year Tire Co. B. F. Goodrich Store Moreman Tire Co. Seale Tire Co. Motion by Bigler, seconded by Roberts and passed that the bids on Tires be tabled for 48 hour as required by the City Charter, and referred to the City Manager for tabulation. Bids were opened and read on Sidewalk Construction at Pope Park from the following: C. L. Castor Construction Co. J. R. O'Bryant Concrete Contractor Price Construction Co. Thomas L. Scott, Inc. Zachry Construction Co. Hunter Smith Co. Motion by Roberts, seconded by Maldonado and passed that the bids on Sidewalk Construction be tabled for 48 hours as required by the City Charter, and referred to the City Manager for tabulation. During the discussion of the pending item before the Council of the request of Parkway House for Girls for a re -defining of the term "Family" for which public hearing was held December 11, 1956, it was the opinion of the City Attorney that their subsequent verbal request for a change in the permissive uses for "A-1" or "A-2" to allow a "Foster Home" will require a new public hearing on the subject by the Zoning & Planning Commission, and it was felt by the Council that the public interest would best be served by handling the matter with a Special Council Permit. Motion by Bigler, seconded by Roberts and passed that the matter be referred to the Zoning & Planning Commission for appropriate action to permit the usage under the procedure of a Special Council Permit. In connection with the pending item of an ordinance prohibiting the sale of insecticide or rodenticide containing thallium which had been deferred until this regular meeting, the City Manager reported re- ceipt of a letter from the Nueces County Medical Society stating that the matter will be taken up by them at their meeting on January 14th. It was observed that obviously the Medical Society had considered the matter not to be of an emergency nature after the manufacturers had modified the ingredients of the product. Motion by Roberts, seconded by Culli and passed that the foregoing matter be deferred until the regular Council meeting of January 16th. Mayor Smith invited anyone in the audience with petitions or information for the Council to come forward and be heard. Mr. M. M. Harmon, Saxet Heights, asked the Council what has been done about the West Side sewer. Mayor Smith explained that 3k million dollars in bonds have been voted for this project; that the site selection, over-all feasibility program, and the preliminary engineering phases of the project have been completed; that Reagan & McCaughan, engineers, have the contract for drawing up the plans for the sewage disposal plant; and that as soon as the plans and specifications are completed and presented and approved, the Council can take bids and proceed with the project, and that the present plan is for additional bonds to be sold in May. In other words, it appeared that it would be 5 to 7 months before a contract could be entered into for the construc- tion. Mayor Smith announced the Council would next hear the City Manager's Reports. In connection with the Installation of the Disaster Warning System, Col. Earl Dunn, Director of Civil Defense, stated that although he was hoping for lower bids, due to the time element and the fact that the telephone company is prepared to install the necessary poles, he urged that the Council take the necessary action to proceed with the installation. Motion by Bigler, seconded by Roberts and passed that the bid for the installation of the Disaster Warning System be awarded to Electric Construction Company at their low bid of $7,352.00. (See Bid Tabulation #1 in File). 172 Motion by Bigler, seconded by Roberts and passed that the Injury Leave of Alvin E. Martin of the Police Division be extended with full pay for 90 days, or to April 3, 1957. Motion by Maldonado, seconded by Roberts and passed that the City Manager be authorized to advertise for bids to be received January 16th for a quantity of fittings required for the Reynolds Metals Co. wate connection to provide for improved water service to the Reynolds Metals Co. Motion by Bigler, seconded by Maldonado and passed that the City Manager be authorized to advertise for bids to be received January 16th for a 6 -months' supply of Street Construction Materials, consisting of liquid asphalt, limestone rock asphalt, hot mix, shell and caliche. Motion by Bigler, seconded by Roberts and passed that the City Manager be authorized to ad- vertise for bids to be received January 16th for 500 single and/or double Parking Meters on a cash purchase price or a time -payment basis. Commissioner Culli stated he wanted to be sure that in taking the foregoing bids, the City was not obligating itself to make the purchases, due to the fact that this item was not provided for in the Budget. Motion by Bigler, seconded by Maldonado and passed that the plans and specifications for Brawner Parkway Connection to Carroll Lane be approved, and that the City Manager be authorized to advertise for bids to be received January 23rd. Motion by Bigler, seconded by Culli and passed that the plans and specifications for 4 Boat Ramps at the South end of the L -Head be approved, and that the City Manager be authorized to advertise for bids to be received January 23rd. Motion by Roberts, seconded by Maldonado and passed that the City Manager be authorized to negotiate for extending the present contracts for Fuel Requirements (consisting of regular & Premium gasoline, diesel fuel & kerosene) for 60 days. Motion by Bigler, seconded by Roberts and passed that the acceptance of the Modifications of the Broadway Sewage Treatment Plant as recommended by the Engineers under date of December 28, 1956, and the payment of $21,864.65 on the contract as recommended by the Director of Public Works be authorized. Motion by Maldonado, seconded by Bigler and passed that the franchise of Corpus Christi Transportation Co. for Driverless Automobiles having been revoked for non-payment of fees due and filing of a monthly report as provided in their franchise be re -instated as recommended by the Director of Public Utilities and the Legal Department of the City. Motion by Bigler, seconded by Roberts and passed that the plans and specifications for the T. C. Ayers Swimming Pool be approved, and that the City Manager be authorized to advertise for bids to be received January 23rd. Motion by Culli, seconded by Bigler and passed that the request of the National Guard for an Armory Site be deferred until a comprehensive Plan for the ultimate use of the Municipal Airport is determined. Motion by Bigler, seconded by Roberts and passed that the Airport Manager be authorized to negotiate for the operation of the Airport Coffee Shop. ORDINANCE N0. 4706 APPROPRIATING THE SUM OF $6,000.00 OUT OF NO. 220 STREET BOND IMPROVEMENT FUND, TO BE CONSIDERED AS A PART OF PROJECT 1-53-7.3, REWORK BASE AND SURFACE TREATMENT, FOR REWORKING BASE WITH SURFACE TREATMENT ALONG AUSTIN STREET FROM CHAMBERLAIN TO HARRISON AND ALONG CHAMBERLAIN STREET FROM ALAMEDA TO LAWNVIEW; AUTHORIZING SAID WORK TO BE DONE BY CITY FORCES; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye Minor Culli Aye B. -E. Bigler Aye Manuel P. Maldonado Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye W. J. Roberts Aye Minor Culli Aye B. E. Bigler Aye Manuel P. Maldonado Aye 1'73 ORDINANCE NO. 4707 RECEIVING AND ACCEPTING THE WORK OF CONSTRUCTION OF FOUR (4) CONCRETE AND BRICK VALVE BOXES WITH MANHOLES, SAID CONSTRUCTION BEING IN CONNEC- TION WITH THE SOUTH STAPLES STREET RESURFACING JOB, PERFORMED BY C. L. CASTOR CONSTRUCTION COMPANY UNDER THEIR CONTRACT -WITH THE CITY DATED JUNE 12, 1956, AS AUTHORIZED BY ORDINANCE NO. 4545; AUTHORIZING PAY- MENT OF FINAL ESTIMATE IN THE AMOUNT OF $243.40, THE BALANCE DUE ON THE TOTAL CONTRACT PRICE OF $2,434.00, TO BE PAID OUT OF WATER CONS- TRUCTION FUND NO. 141, BUDGET CODE 248, IN ACCORDANCE WITH THE CURRENT YEAR BUDGET APPROPRIATIONS; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye Minor Culli Aye B. E. Bigler Aye Manuel P. Maldonado Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye W. J. Roberts Aye Minor Culli Aye B. E. Bigler Aye Manuel P. Maldonado Aye ORDINANCE NO. 4708 AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE AN AGREEMENT WITH THE TEXAS AND NEW ORLEANS RAILROAD COMPANY WHEREBY THE RAILROAD COMPANY AGREES THAT THE CITY MAY CONSTRUCT, RECONSTRUCT, MAINTAIN AND OPERATE AN 8" SEWER LINE CROSSING ACROSS THE RAILROAD COMPANY'S RIGHT OF WAY MILE POST 147.57 WITHIN THE NORTH BEACH PROPERTY OF SAID RAILROAD COMPANY, A COPY OF WHICH AGREEMENT IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLAR- ING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye Minor Culli Aye B. E. Bigler Aye Manuel P. Maldonado Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye W. J. Roberts Aye Minor Culli Aye B. E. Bigler Aye Manuel P. Maldonado Aye ORDINANCE NO. 4709 AUTHORIZING THE ACCEPTANCE BY THE CITY, AND FILING IN THE OFFICE OF THE CITY SECRETARY, OF THE AGREEMENTS OF PROPERTY OWNERS ABUTTING ON SOUTH STAPLES STREET FOR INSTALLATION OF SIDEWALKS AT THE COST AND EXPENSE OF SAID PROPERTY OWNERS IF, AS AND WHEN REQUIRED BY THE ZONING AND PLANNING COMMISSION AND THE DIRECTOR OF PUBLIC WORKS; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye Minor Culli Aye B. E. Bigler Aye Manuel P. Maldonado Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye W. J. Roberts Aye Minor Culli Aye B. E. Bigler Aye Manuel P. Maldonado Aye ORDINANCE N0. 4710 CLOSING A FIFTEEN (151) FOOT ROADWAY EASEMENT ALONG THE NORTHEAST BOUNDARY OF FRACTIONAL LOT 8 AND ALL OF LOTS 9, 10 AND 11, BLOCK 11, VILLA GARDENS, A SUBDIVISION OF THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, TO THE USE OF THE PUBLIC FOR STREET, TRAFFIC AND ROAD- WAY PURPOSES; RELINQUISHING ALL TITLE THERETO; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye Minor Culli Aye B. E. Bigler Aye Manuel P. Maldonado Aye 1'74 The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye W. J. Roberts Aye Minor Culli Aye B. E. Bigler Aye Manuel P. Maldonado Aye ORDINANCE NO.. 4711 AUTHORIZING THE PURCHASE OF CIVILIAN DEFENSE AIR RAID WARNING SYSTEM EQUIPMENT FROM ELECTRIC CONSTRUCTION COMPANY ON THEIR LOW BID IN THE TOTAL AMOUNT OF $7,352.00 TO BE PAID OUT OF NO. 205 CIVILIAN DEFENSE FUND; APPROPRIATING THE SUM OF $7,352.00 OUT OF NO. 205 CIVILIAN DE- FENSE FUND; AUTHORIZING THE USE OF $3,691.98 FROM THE GENERAL FUND OF THE CITY UNTIL THE REIMBURSEMENT BY THE FEDERAL GOVERNMENT AND APPRO- PRIATING AND REAPPROPRIATING THE SUM OF $72.25 FROM THE EMERGENCY AND NON-RECURRING APPROPRIATION CURRENT FUND; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye Minor Culli Aye B. E. Bigler Aye Manuel P. Maldonado Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye W. J. Roberts Aye Minor Culli Aye B. E. Bigler Aye Manuel P. Maldonado Aye ORDINANCE NO. 4712 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO ENTER INTO A CONTRACT WITH THE GOLDSTON COMPANY, INC., FOR ENGINEERING SERVICES, AS HEREINAFTER OUTLINED, IN CONNECTION WITH SEAWALLS FOR THE NORTH BEACH AREA; AUTHORIZING THE REPRODUCTION OF THE W. A. PRICE REPORT CONCERNING THE NORTH BEACH AREA BY CITY FORCES AT AN ESTIMATED COST OF $350.00;_APPROPRIATING THE SUM OF $1,350.00 FROM NO. 258 SEAWALL AND BREAKWATER CONSTRUCTION ACCOUNT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye Minor Culli Aye B. E. Bigler Aye Manuel P. Maldonado Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye W. J. Roberts Aye Minor Culli Aye B. E. Bigler Aye Manuel P. Maldonado Aye There being no further business to come before the Council, the meeting was adjourned. I, FARRELL D. SMITH, Mayor of the City of Corpus Christi, Texas,.certify that the foregoing_ Minutes, same being for the period of August 22, 1956 to January 2, 1957, inclusive, and having been previously approved by Council action, are by me hereby approved. SPECIAL COUNCIL MEETING January 8, 1957 2:00 p. m. PRESENT: FARRELL D. SMITH, Mayor The City of Corpus Christi, Texas Mayor Farrell D. Smith Commissioners W. J. Roberts Minor Culli City Manager Russell E. McClure B. E. Bigler City Attorney I. M. Singer Manuel P. Maldonado City Secretary T. Ray Kring Mayor Farrell D. Smith called the meeting to order. City Secretary Kring called the roll of those in attendance. Mayor Smith announced the purpose of the Special Meeting was a Public Hearing on the appli- cation of C. B. Woodson Realty Company for change of zoning from "R-1" One -Family Dwelling District to "B-3" 175 Secondary Business District on a tract of land containing 15 acres, more or less, located at the Southwest inter- section of South Staples and Kostoryz Road. It was announced as part of the record that letters have been received from officers of the Parent -Teachers' Association and from the students of W. B. Ray High School opposing the application. Tom Pogue, attorney, presented a plot plan of the proposed development, and pointed out that proposed parking ratio is 4.5;1, which is more than adequate. He presented a petition in favor of the requested zoning bearing 139 names of residents in the area, and letters from prospective tenants, and stated that economics substantiate the development. He further stated that his client is willing to accept the requested zoning contin- gent upon development within a specified time, and that the lending agency's granting of a loan is a confirmation of the economic necessity of the project, and would envision sufficient leases being obtained to satisfy the len- der. Mr. W. W. McClendon, engineer, felt that the parking ratio of 4.5:1 was more than adequate. 10' Mr. C. B. Woodson reviewed the proposed development of the property, and explained the type of construction and the economics of the project, and stated that he was willing to place restrictions on the property prohibiting the sale of alcoholic beverages. Mr. C. B. Halstead, real estate man, stated that he prepared a survey in 1950 which showed the development was justified and that the area will support such a center. He further stated that the property is not suitable for other development, but is one of the finest locations for a shopping center; that there is an economic need for such a center, and that it will not affect the value of the surrounding area. Mr. Bruno Morgan, stated that he has been in the real estate business for .12 years, and he re- viewed the radius of other centers. He felt that the fact that financiers will finance the construction of a cen- 11 ter on this property is evidence of the economic soundness of the project, and feels that the location is ideal for a shopping center. The following, all nearby residents, spoke in favor of the application on the basis of the idealness of the spot and the need for such development: Cecil Graham, J. A. Baker, Mrs. James E. Layton, J. A. Bough, W. W. Bodine, Melvin Clunk, Roy A: R. Richards Richards,/D. W. Fletcher, Mrs. John Layton, B. A. Carter, and Reverend Walker. Of those opposing the application, Mr. Neil Waterbury, representing Ray High School P. T. A. and the Student Council, and Tony Harbin, president of the Student Council, stated their reasons for objecting on the basis of the safety of the 2,000 students. The Secretary and the Treasurer of the Student Council also spoke in opposition on account of the affect on the High School, and stated that their petition opposing the center has 1300 signatures. Mrs. Howard Murray, representing the P. T. A. of Fisher School, with a membership of 700, stated that a representative number of them had voted as being opposed to the shopping center. T A petition was presented from Hamlin Junior High School in opposition. Mr. Arthur Sarman, who operates a business in the Norton Shopping Center k mile away, opposed the application on the basis that there is not enough business for any more centers, and felt that the City has reached a saturation point in shopping centers. Mr. Joe Ratliff, president of Corpus Christi Improvement Association, of which Mr. V. G. Woolsey Mr. R. A. Humble and others are members, stated the purposes of their organization, and all felt that the City has reached a saturation point in the matter of shopping centers. Mr. Ralph Graham, appearing as a member of the Improvement Association, stated that the justi- fication had not been proved, that the economic need had not been proved since an economic study had not been made nor presented, hence the necessity had not been proved, and the Association had voted to oppose the application. Mr. Harold Carr, spoke as a member of the Association and as a property owner, and stated that the economic justification had not been shown. Mrs. E. G. Pereida, 1354 Daytona, objected on account of the nuisance it would be to the neigh- borhood. Mr. Albert E. English, owner of property in Norton Center, and a member of the Improvement Association, stated that the economic justification does not exist, and that present centers are suffering for want of volume business. Mr. Joe Roscoe, a property owner and operator of Cummunity Centers, felt there was no justifi- cation for this application and that it was not in the public interest. this reason. students. Mrs. A. R. Raylor, stated that her bedrooms face the area in question and that she is opposed fo Mrs. Woodrow Glasscock opposed any business center near a high school as a bad influence for Mrs. G. H. Dunn also objected on the basis that business near schools is a bad influence. Mr. John Stasa, Daytona Drive, felt there is no need for additional shopping centers. Mr. T. H. Crawford, Mrs. Roper, Mr. D. G. Perieda, and Mr. M. L. Rabeal opposed the development because their property backs up to Kostoryz Road. Mr. Tom Pogue, attorney for Mr. Woodson, summed up for his client and stated that if the owners of homes backing up to Kostoryz Road feel they are damaged or are dissatisfied with the development after a reason- able time has elapsed, Mr. Woodson would agree to purchase their properties at market value.. ment. Mr. Joe Roscoe and Mr. Ralph Graham summed up the remarks of those in opposition to the develop- Mrs. J. F. Park, Student Counselor for Ray High School, stated that the School System is unable to employ sufficient teachers to supervise students around a shopping center. Motion by Roberts, seconded by Maldonado and passed that the hearing be closed, and the matter taken under advisement. There being no further business to come before the Council,, the special meeting was adjourned. REGULAR COUNCIL MEETING January 9, 1957 2:00 p. m. PRESENT: Mayor Farrell D. Smith Commissioners: W. J. Roberts Minor Culli B. E. Bigler Manuel P. Maldonado Mayor Farrell D. Smith called the meeting to order. City Manager Russell E. McClure, City Attorney I. M. Singer City Secretary T. Ray Kring The Invocation was given by Reverend J. W. Garsee, of Trinity Church of the Nazarene. City Secretary Kring called the roll of those in attendance. Motion by Culli, seconded by Maldonado and passed that the Minutes of the Regular Meeting of January 2nd be approved. Mayor Smith announced the opening of bids. Bids were opened and read on Manhole Rings & Covers, Valve Box Boots & Covers, and Meter Boxes & Covers from the following: A1'amo Iron Works SAMSCO Gulf Star Foundaries Motion by Culli, seconded by Maldonado and passed that the foregoing bids be tabled for 48 hours as required by City Charter, and referred to the City Manager for tabulation. Bids were opened and read on 3,700 feet of 12", 15" and 18" Reinforced Concrete Pipe for Ware- house Stock from the following: Coast Concrete Pipe, Inc. Gifford -Hill Pipe Co. Texcrete Company Motion by Culli, seconded by Roberts and passed that the foregoing bids be tabled for 48 hours as required by the City Charter, and referred to the City Manager for tabulation. the following: 1'7'7 Bids were opened and read on 15,000 feet of 1" Type K Soft Copper Tubing in 60 -foot Coils from Alamo Iron Works Corpus Christi Hardware Co. Crane Company Bildy Supply Co. Hamilton Supply Co. M. B. McKee M. Merfish Metal Goods Corp. Norvell-Wilder Supply Republic Supply The Rohan Co. SAMSCO Viking Supply Wallace Co. Wilson Supply Allied Plumbing Supply Amstan Supply Co. Motion by Culli, seconded by:Roberts and passed that the foregoing bids be tabled for 48 hours as required by the City Charter, and referred to the City Manager for tabulation. Mayor Smith asked if there was anyone in the audience with petitions or information for the Coun- cil on matters not scheduled on the agenda. Mr. Harold Easly, Commanding Officer of the National Guard in this area, inquired as to the statu of their request for 5 acres of land for an Armory site, and stated that his Board wants the Armory here in Corpus Christi, and also wants to be able to control the expenditure of the money in Austin for this purpose, and asked if the allocation of this 5 acres was to tie in with the eventual disposition of the Cliff Maus Airport land, and whether or not the Council proposed to make their decision during this term of office. Mayor Smith stated that the Council had not been able to study the matter further since their action of last week; that the particular location submitted last week at the corner of Rabbit Run Road had not bee confirmed as it had met with objections requiring further study, first in connection with the site the City has acquired for the million dollar Central Service Center, secondly with the land required for the construction of a Fire Station, and thirdly with the legality of the disposition of Cliff Maus Airport due to the Council's contract with the citizens of Corpus Christi as to such disposition and the desire to make the.best planned use of the exist ing paved runways. He further stated that the Council realizes the urgency of the matter, and the value of having the armory in Corpus Christi, but that he doubted if the decision could be resolved before the Charter deadline of January 31st. Mr. Neal Dancer, attorney, stated that he has received notice from the Court of Criminal Appeals in the City's Motion for a re -hearing in the case of Robert 0. Mittelstaedt, that the City's ordinance on loitering has been overruled, which means that the ordinance has been held unconstitutional. He requested that the City re- fund the fines assessed to those individuals who were trying to find jobs and were fined under this ordinance. He further stated that he did not think that Council was aware of the practice of the Police of this City of arresting people with or without.warrants and putting them in jail, and requested that the Council make an investigation to stop this practice. Mayor Smith answered that the Council would see that the request -was properly looked into. Dr. James E. Hoban, practicing veterinarian, appeared with Dr. J. M. Spriegel, and presented a petition as representatives of the veterinarians of the City to draw attention of the Council at this time to one particular provision of the recently enacted ordinance covering licensing of dogs. He stated that there might be other parts of the ordinance which the veterinarians did not endorse wholeheartedly, but that they were particularl opposed to the provision requiring each veterinarian to report on or before the 10th of each month on forms provide by the City each vaccination for communicable disease and the name and address of the owner. He stated that they felt this was a breach of confidence of their clients, and that it would eventually defeat the purpose of the ordi- nance, and also that the ordinance was not specific as to whether this provision referred just to dogs or whether it applied to hogs and chickens too. He requested.that this reporting provision be stricken from the ordinance, and also that it be done before the first reporting period. After a brief discussion, it was suggested that Dr. Hoban and his colleagues confer with Dr. Rich, the City -County Veterinarian, and try.to work out an understanding that is wholesome and effective. ger's Reports. No one else wishing to appear, Mayor Smith announced the Council would next hear the City Mana- Motion by Culli, seconded by Bigler and passed that the preliminary plans for Agnes -Laredo Stree Improvements be approved, and the City Manager be authorized to proceed with the design and complete construction plans and the acquisition of necessary right-of-way. Motion by Bigler, seconded by Culli and passed that the Plans and Specifications for the Prescot Laterals for the Proctor-Brawner Storm Sewer Project be approved, and the City Manager be authorized to advertise for bids to be received January 23rd. Motion by Bigler, seconded by Roberts and passed that the award of contract for the Louisiana Street Improvements from Staples to Ocean Drive be awarded to C. L. Castor Construction Company at their low bid of $128,318.36. Motion by Maldonado, seconded by Roberts and passed that the Plans and Specifications for the Water System for Rabbit Run Rehabilitation Project involving the construction of 6" mains and the placing of fire hydrants in the area to be done by City Forces be approved. Motion by Roberts, seconded by Culli and passed that the bid for the construction of 500 lin. ft. of Reinforced Concrete Sidewalk for Pope Park be awarded to J. R. Bryant at their low bid of $907.50. (See Bid Tabulation #2 in File). Motion by .Roberts, seconded by Culli and passed that the following awards be made on Full Circle Repair Clamps for Warehouse Stock on the basis of the low bids meeting the specifications: To SAMSCO for their brand of 365 assorted sizes for a net total of $3,492.72; to Rohan Company for Smith Blair brand of 25 411x20" size for a net total of $549.04. (See Bid Tabulation #3 in File). Motion by Roberts, seconded by Maldonado and passed that the bid on Mobile Radio Units and Base Station equipment for use in Police and Fire Departments be awarded as follows: To Motorola Communications & Electronics Inc. for 15 or more 10 watt Mobile Radio Units for Police Patrol Car installations @ $315.00 each and 1 - 60 watt Base Station for Police Station for a total of $5,407.00; to General Electric Company for 4 or more 30 watt Mobile Radio Units for Fire Truck installations @ $447.00 each and 1 - 30 watt Base Station for Fire Station No. 8 for a total of $2,349.10. (See Bid Tabulation #4 in File) . Motion by Roberts, seconded by Bigler and passed that the date of February 5, 1957, 2 p. m., during a Special Meeting, be set for a Public Hearing :on 4 zoning cases and 1 application for a Special Council Permit. Motion by Bigler, seconded by Roberts and passed that $82,818.00 be appropriated for the eng ing services to be provided by the Engineering Division in connection with various Bond Funds and Projects. (See Ordinance #4718 for details.) Motion by Bigler, seconded by Culli and passed that a resolution be approved authorizing the City Manager to file an application,for a Federal Grant of $250,000.00 for Sewage Treatment Works. Motion by Bigler, seconded by Roberts and passed that the City Manager be granted leave of ab- sence with pay to attend the meeting of the Executive Board of the International City Managers' Association at Chicago on Thursday and Friday, January 17 and 18, 1957, and that I. M. Singer be designated as Acting City Manager for this period. ORDINANCE N0. 4713 AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE A CONTRACT WITH C 'L. CASTOR CONSTRUCTION COMPANY FOR CONSTRUC- TION OF THE LOUISIANA STREET IMPROVEMENTS, STAPLES TO OCEAN DRIVE, IN THE CITY OF CORPUS CHRISTI, PROJECT NO. 1-53-5; APPROPRIATING $111,590.00 FROM NO., 220 STREET BOND IMPROVEMENT FUND, TO COVER THE COST OF THIS CONSTRUCTION, OF WHICH AMOUNT $85,129.27 IS THE CONTRACT PRICE AND $6,460.73 IS ALLOWED FOR CONTINGENCIES; AND $20,000.00 FOR ANTICIPATED HOMESTEAD ASSESSMENTS; AND DECLARING AN EMERGENCY. 1'79 The Charter Rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye Minor Culli Aye B. E. Bigler Aye Manuel P. Maldonado Aye• The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye W. J. Roberts Aye Minor Culli Aye B. E. Bigler Aye Manuel P. Maldonado Aye ORDINANCE N0. 4714 AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON BEHALF OF THE CITY OF, CORPUS CHRISTI TO EXECUTE AN AGREEMENT WITH TEXARKANA TANK & BRIDGE CO. FOR REPAIRING AND PAINTING ONE (1) 250,000 GALLON WATER TOWER LOCATED AT MESTINA AND SAM RANKIN STREETS, IN ACCORDANCE WITH THE TERMS AND CONDITIONS SET FORTH IN THE AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye Minor Culli Aye B. E. Bigler Aye Manuel P. Maldonado Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye W. J. Roberts Aye Minor Culli Aye B. E. Bigler Aye Manuel P. Maldonado Aye ORDINANCE NO. 4715 APPROPRIATING THE SUM OF $79,000.00 FROM THE NO. 202 CITY OF CORPUS CHRISTI WATERWORKS SYSTEM CONSTRUCTION FUND FOR THE CONSTRUCTION OF WATER MAINS IN THE RABBIT RUN AREA; -AUTHORIZING SAID CONSTRUCTION TO BE DONE BY CITY FORCES; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye Minor Culli Aye B. E. Bigler Aye Manuel P. Maldonado Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye W. J. Roberts Aye Minor Culli Aye B. E. Bigler Aye Manuel P. Maldonado Aye ORDINANCE NO. 4716 APPROPRIATING THE SUM OF $561.10 FROM THE 212 FIRE STATION BOND CONSTRUCTION FUND FOR PURCHASE OF RADIO EQUIPMENT FOR FIRE STATION NO. 8, AS PER BID AWARDED TO THE GENERAL ELECTRIC COMPANY BY THE CITY COUNCIL ON JANUARY 9, 1957, OF WHICH $280.55 WILL BE REIMBURSED BY THE FEDERAL CIVIL DEFENSE AGENCY; AND DE- CLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye Minor Culli Aye B. E. Bigler Aye Manuel P. Maldonado Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye W. J. Roberts Aye Minor Culli Aye B. E. Bigler Aye Manuel P. Maldonado Aye ORDINANCE NO. 4717 AUTHORIZING AND DIRECTING THE CITY MANAGER,FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO ENTER INTO A CONTRACT WITH ELECTRIC.CONSTRUCTION COMPANY FOR THE INSTALLA- TION OF AN AIR RAID WARNING.SYSTEM, IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF SAID CONTRACT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; APPROPRIAT- ING THE SUM OF $7,352.00 OUT OF NO. 205 CIVILIAN DEFENSE FUND; AUTHORIZING THE USE OF $3,619.73 FROM THE GENERAL FUND OF THE CITY UNTIL THE REIMBURSEMENT BY THE FEDERAL GOVERNMENT; AND APPROPRIATING AND REAPPROPRIATING THE SUM OF $72.25 FROM THE EMERGENCY AND NON-RECURRING APPROPRIATION -CURRENT FUND TO BE TRANSFERRED INTO FUND NO. 205 CIVILIAN DEFENSE FUND; REPEALING ORDINANCE N0: 4711, PASSED AND APPROVED BY THE CITY COUNCIL ON THE 2ND DAY OF JANUARY, 1957; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye Minor Culli Aye B. E. Bigler Aye Manuel P. Maldonado Aye The foregoing ordinance was passed`by the following vote: Farrell D. Smith Aye W. J. Roberts Aye Minor Culli Aye B. E. Bigler Aye Manuel P. Maldonado Aye ORDINANCE NO. 4718 APPROPRIATING THE FOLLOWING AMOUNTS FOR PAYMENT OF ENGINEERING SERVICES TO BE PROVIDED BY THE ENGINEERING DIVISION IN CONNECTION WITH VARIOUS BOND FUNDS AND PROJECTS THEREOF; $500.00 OUT OF N0. 202 CITY OF CORPUS CHRISTI WATERWORKS SYSTEM CONSTRUCTION FUND; $1,000.00 OUT OF NO. 212 FIRE STATION BOND CONSTRUCTION FUND; $26,000.00 OUT OF NO. 220 STREET BOND.IMPROVEMENT FUND; $42,819.00 OUT OF NO. 295 STORM SEWER BOND IMPROVEMENT FUND; $10,000.00 OUT OF NO. 250 SANITARY SEWER SYSTEM BOND IMPROVEMENT FUND; PROVIDING THAT THE DEPARTMENT OF PUBLIC WORKS SHALL FURNISH TO THE FINANCE DEPARTMENT A DETAILED STATEMENT IDENTIFYING THE SERVICES WITH THE PROJECT BEFORE PAYMENT OUT.OF ANY FUND IS MADE; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye Minor Culli Aye B. E. Bigler Aye Manuel P. Maldonado Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye W. J. Roberts Aye Minor Culli Aye B. E. Bigler Aye Manuel P. Maldonado Aye ORDINANCE N0. 4719 AUTHORIZING THE CITY MANAGER TO FILE FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TEXAS, AN APPLICATION FOR FEDERAL GRANT.FOR SEWAGE TREATMENT WORKS UNDER 33USC466 ET SEQ FOR A CONSTRUCTION GRANT OF $250,000 AS AID IN CONSTRUCTION OF THE WEST SIDE SEWER TREATMENT SYSTEM IN THE CITY OF CORPUS CHRISTI: AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye Minor Culli Aye B. E. Bigler Aye Manuel P. Maldonado Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye W. J. Roberts Aye Minor Culli Aye B. E. Bigler Aye Manuel P. Maldonado Aye 181 ORDINANCE NO. 4720 AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI ADOPTED ON THE 27TH DAY OF AUGUST, 1937, APPEARING OF RECORD IN VOLUME 9, PAGES 565 ET SEQ OF THE ORDINANCE AND RESOLUTION RECORDS, AS AMENDED FROM TIME TO TIME AND PARTICULARLY AS AMENDED BY ORDINANCE NO. 2266, PASSED AND APPROVED ON THE 4TH DAY OF MAY, 1948, APPEARING OF RECORD IN VOLUME 16, PAGES 339 ET SEQ OF THE ORDINANCE AND RESOLUTION RECORDS, BY AMENDING THE ZONING MAP ADOPTED ON THE 4TH DAY OF MAY, 1948, BY CHANGING THE ZONING OF LOTS 4 AND 5, BLOCK 63, BEACH PORTION, FROM "A-2" SECOND APARTMENT HOUSE DISTRICT USE T0."B-2" BAYFRONT BUSINESS DISTRICT USE; AND BY CHANGING THE ZONING OF LOTS 53-58, INCLUSIVE, BLOCK 817, PORT ARANSAS CLIFFS, BEGINNING 150' NORTH OF DODDRIDGE ON THE EAST SIDE OF SOUTH ALAMEDA STREET AND EXTENDING AN ADDITIONAL 150' BE CHANGED FROM "R-2" TWO-FAMILY DWELLING DISTRICT TO "B-1" NEIGHBORHOOD BUSINESS DISTRICT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye Minor Culli Aye B. E. -Bigler Aye Manuel P. -Maldonado Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye W. J. Roberts Aye Minor Culli Aye B. E. Bigler. Aye Manuel P. Maldonado Aye Mayor Smith recognized the attendance of two Boy Scouts at the meeting, and commended them on their interest in civic affairs. There being no further business to come before the Council, the meeting was adjourned.* THE STATE OF TEXAS COUNTY OF NUECES NOTICE OF SPECIAL MEETING CITY OF CORPUS CHRISTI X - TO THE MEMBERS OF THE CITY COUNCIL, THE CITY MANAGER, THE CITY SECRETARY AND THE CITY ATTORNEY TO THE CITY OF CORPUS CHRISTI, TEXAS: NOTICE is hereby given thata special meeting of the City Council of the City of Corpus Christi, Texas, will be held in the City of Corpus Christi, Texas, in the Council Chamber of the City Hall, at 10:00 o'clock, a. m. on the 16th day of January,•1957, for the purpose of opening bids on the Sale of authorized Bonds in the amount of $1,750,000.00 for the Airport and $820,000.00 for Storm Sewer•Improvements; and such other business as may properly come before the Council. DATED this the 16th day of January, 1957. /s/ FARRELL D. SMITH FARRELL-D.-SMITH, Mayor City of Corpus Christi, Texas CONSENT TO MEETING We, the undersigned members of the City Council, the City Manager, the City Secretary and the City Attorney of Corpus Christi, Texas, hereby accept service of -the foregoing notice, waiving any and all irregularities in such service and consent and agree that said meeting -shall be at the time and place therein named and for the purpose therein stated. /s/ MINOR CULLI js/ W. J. ROBERTS MINOR CULLI W. J. ROBERTS /s/ MANUEL P. MALDONADO B. E. BIGLER MANUEL P. MALDONADO /s/ RUSSELL E. MC CLURE Js/ I. M. SINGER RUSSELL E. MC CLURE I. M. SINGER City Manager City Attorney -/s/ T. RAY KRING T. RAY KRING' City Secretary 182 SPECIAL COUNCIL MEETING January 16, 1957 10:00 a. m. Mayor Smith called the meeting to order and stated the purpose of the Special Meeting. Motion by Culli, seconded by Roberts and passed that Mrs. Doris Francis be appointed Acting City Secretary for this meeting during the absence of the City Secretary. excused. Motion by Culli, seconded by Maldonado and passed that the absence of Commissioner Bigler be Bids were opened and read on sale of $820,000.00 City of Corpus Christi, Texas, Storm Sewer Bond with 15 -year option from the following: Dewar, Robertson & Pancoast, San Antonio; Columbian Securities Corp., San Antonio; Dittmar and Company, San Antonio Eddleman-Pollok Co., Houston; McDougal & Condon, Inc., Chicago; Republic National Bank, Dallas; Rowles, Winston & Co., Houston; Russ and Company, San Antonio; First of Texas Corporation, San Antonio; Municipal Securities Co., Dallas; Henry, Seay & Black, Dallas; R. J. Edwards, Inc., San Antonio; James C. Tucker & Co., Austin February 1, 1958 through February 1, 1964 . . 42% February 1, 1965 through February 1, 1967 .3-3/47. February 1, 1968 through February 1, 1982 . . . . . . . . . . . . . . 47. Gross Interest Cost . . . . . . . . . $ 443,975.00 Less Premium . . . . . . . . . . 0 148.00 Net Interest Cost . . . . . . . . t. 0 443,827.00 Effective Interest Rate . . . 0 . . . . . . 4.0183% Merrill, Lynch, Pierce, Fenner & Beane, New York & Corpus Christi; First Southwest Co., Dallas; Equitable Securiti Corp., Nashvill & Dallas; F. S. Smithers & Co., New York; J. C. Bradford & Co., New York; Roosevelt & Cross, Inc., New York; Dallas Union Securities Co., Dallas.; Underwood Neuhaus & Co., Houston; Central Investment Co:, Dallas; Fridley Hess & Frederking, Houston; Thomas & Co.,:Pittsburg; Rotan Mosle & Co., Houston; Moreland, Brandenberger, Johnson & Currie, Houston; -R. A. Underwood & Co., Dallas February 1, 1958 through February 1, 1966 . . 42% February 1, 1967 through February 1, 1978 . . 0 47. February 1, 1979 through February 1, 1982 . . . . . .3-3/47. Gross Interest Cost . . . . . . . . . . . . $ 440,325.00 Less Premium . . . . . . . . . . . . . . . . 7.11 Net Interest Cost . . . . . . . . . . . . . . 440,317.89 Effective Interest Rate . . . . . . . . . . . 3.986581% John Nuveen & Company, Chicago; Rauscher, Pierce & Co., Inc., San Antonio; Barcus, Kindred & Co., Chicago; City National Bank & Trust Co., Kansas City; Commerce Trust Company, Kansas City; Andrews & Wells, Inc., New York; Wm. J. Mericka & Co., Inc., Cleveland; Moroney, Beissner & Co., Houston; Nongard and Co., Inc., Chicago; Burns Corbett & Pickard, Inc., Chicago; Zahner and Company, Kansas City February 1, 1958 through February 1, 1964 . . . . . . . . . . . . 42% February 1, 1965 through February 1, 1972 . . . . . . . ... . . . 4k7. February 1,A973 through February 1, 1982 . . . . . . . . . . . . 47. Gross Interest Cost . . . . .$.453,575.00 Less Premium . . . . . . . 108.24 Net Interest Cost . . . . . . . . . 453,466.76 Effective Interest Rate . . . . . . . . . . . 4.1056% Bids were opened and read on sale of $820,000 City of Corpus Christi, Texas, Storm Sewer Bonds, no option, from the following: Merrill, Lynch, Pierce, Fenner & Beane, New York & Corpus Christi; First Southwest Co., Dallas; Equitable Securitie Corp., Nashville & Dallas; F. S. Smithers & Co., New York; J. C. Bradford & Co., New York; Roosevelt & Cross, Inc., New York; Dallas Union Securities Co., Dallas; Underwood Neuhaus & Co., Houston; Central Investment Co., Dallas; Fridley Hess & Frederking, Houston; Thomas & Co., Pittsburg; Rotan Mosle & Co., Houston; Moreland, Brandenberger, Johnson & Currie, Houston; R. A. Underwood & Co., Dallas February 1, 1958 through February 1, 1966 . . . . . . . . . . . . . . 4% February 1, 1967 through February 1, 1978 . . . . . . . . . . . 0 47. February 1, 1979 through February 1, 1982 . . ... . . . . . . .3-3/47. Gross Interest Cost . . . . . . . . . . . . . $ 440,325.00 Less Premium . . . . . . . . . . . . . . 241.50 Net Interest Cost . . . . . . . . . . . . . . 440,083.50 Effective Interest Rate . . . . . . . . . . . 3.98445% John Nuveen & Company, Chicago; Rauscher, Pierce & Co., Inc., San Antonio; Barcus, Kindred & Co., Chicago; City National Bank & Trust Co., Kansas City; Commerce Trust Company, Kansas City; Andrews & Wells, Inc., New York; Wm. J. Mericka & Co., Inc., Cleveland; Moroney, Beissner & Co., Houston; Nongard and Co., Inc., Chicago; Burns, Corbett & Pickard, Inc., Chicago; Zahner and Company, Kansas City February 1, 1958 through February 1, 1961 . . . . . . . . . . . . . . 42% February 1, 1962 through February 1, 1972 . . . . . . . . . . . . . . 4k% February 1, 1973 through February 1, 1982 . . . . . . . . . . . . . . 47. Gross Interest Cost . . . . . . . . . $ 452,225.00 Less Premium . 144.32 Net Interest Cost 452,080.68 Effective Interest Rate 0 0 0 4.0931% 183 Bids were opened and read on sale of $1,750,000 City of Corpus Christi, Texas, Airport Bonds from the following: Dewar, Robertson & Pancoast, San Antonio; Columbian Securities Corp., San Antonio; Dittmar and Company, San Antonio; Eddleman-Pollok Co., Houston; McDougal & Condon, Inc., Chicago; Republic National Bank, Dallas; Rowles, Winston & Co., Houston; Russ and Company, San Antonio; First of Texas Corporation, San Antonio; Municipal Securities Co., Dallas; Henry, Seay & Black, Dallas; R. J. Edwards, Inc., San Antonio; James C. Tucker & Co., Austin February 1, 1959 -through February 1, 1962 . . . . . . . 4% February 1; 1963 through February 1, 1964 . . . . . . . . . . . . . . . 47. February 1, 1965 through February 1, 1972 . . . . . . . . . . . . . . . .3-3/4% Gross Interest Cost . . . . . . $ 575,000.00 Less Premium . . . . . . . 175.00 Net Interest Cost . . . . . . . . . 574,825.00 Effective Interest Rate . . . . . . . . . . . . . . 3.8643% Merrill, Lynch, Pierce, -Fenner & Beane, New York & Corpus Christi; First Southwest Co., Dallas; Equitable Securities Corp., Nashville & Dallas; F. S. Smithers & Co., New York; J. C. Bradford & Co., New York; Roosevelt & Cross, Inc., New York; Dallas Union Securities Co., Dallas; Underwood Neuhaus & Co., Houston; Central Investment Co., Dallas; Fridley Hess & Frederking, Houston; Thomas & Co., Pittsburg; Rotan Mosle & Co., Houston; Moreland, Brandenberger, Johnson & Currie, Houston; R. A. Underwood & Co., Dallas February 1, 1958 through February 1, 1962 . . . . . . . . . 4% February 1, 1963 through February 1, 1972 . . . . . . . . . . .3-3/47. Gross Interest Cost . . . . . . . . . . . . . . . $ 570,937.50 Less Premium . . . . . . . . . . . . . . . 11.77 Net Interest Cost . . . . . . . . . . . . . 570,925.73 Effective Interest Rate . . . . . . . . . . . 3.838156% John Nuveen & Company, Chicago; Rauscher, Pierce & Co., Inc., San Antonio; Barcus, Kindred & Co., Chicago; City National Bank & Trust Co., Kansas City; Commerce Trust Company, Kansas City; Andrews & Wells, Inc., New York; Wm. J. Mericka & Co., Inc., Cleveland; Moroney, Beissner & Co., Houston; Nongard and Co., Inc., Chicago; Burns, Corbett & Pickard, Inc., Chicago; Zahner and Company, Kansas City February 1, 1958 through February 1, 1962 . . . . .... q% February 1, 1963 through February 1, 1964 . . . .47. February 1, 1965 through February 1, 1969 . . . . .•. .3-3/47. February 1, 1970 through February 1, 1972 . . . . . . . . . . . . . . . .3-7/8% Gross Interest Cost . . . . . . . . . . . . . . . $ 581,562.50 Less Premium . . . . . . . . . . . . . . . . 61.25 Net Interest Cost . . . . . . . . . . . . . . 581,501.25 Effective Interest Rate . . . . . . . . . . . . . 3.9093% Motion by Roberts, seconded by Culli and passed that there be a brief recess of the meeting to give Mr. Knickerbocker and Mr. Barnes of McClung & Knickerbocker, the City's Fiscal Agent, an opportunity to tabu- late the foregoing bids. The meeting being again called to order by Mayor Smith, Mr. Knickerbocker recommended that the bid on $1,750,000 Airport Bonds, and on $820,000 Storm Sewer Bonds, with a 15 -year option, be awarded to Merrill, Lynch, Pierce, Fenner & Beane and Associates. Motion by Roberts, seconded by Culli and passed that the recommendation of the Fiscal Agent be accepted, and the award of both issues be made to Merrill, Lynch, Pierce, Fenner & Beane and Associates as recommend ed. (See Bid Tabulation #5 in File). Motion by Roberts, seconded by Culli and passed that the good faith checks of the unsuccessful bidders be returned. the bidding. Mayor Smith expressed the appreciation of the Council to the bidders,for their participation in Mr. Knickerbocker stated that it is not the best market at present, but that the City received good bids. He compared the bids with those of recent bond sales in other "A" rated cities in Texas, and stated that today's sale was nothing to be ashamed of but one the Council could be quite proud of as they are good bids in the present market. He further stated that the 15 -year option in the Storm Sewer Bonds is an important one, particular- ly with reference to the coupon, which Mr. Knickerbocker said could be of value to the Seller. There being no further business to come before the Council, the special meeting was adjourned. 184 REGULAR COUNCIL MEETING January 16, . 1957 2:00 p. m. PRESENT: Mayor Farrell D. Smith Commissioners• W. J. Roberts Minor Culli City Manager Russell E. McClure B. E. Bigler City Attorney I. M. Singer Manuel P. Maldonado City Secretary T. Ray Kring Mayor Farrell D. Smith called the meeting to order. The Invocation was given by Reverend Mark Williams, of St..John's Methodist Church. City Secretary Kring called the roll of those in attendance. Approval of Minutes of the Special Meeting of Jan. 8th and the Regular Meeting of Jan. 9th, 1957, were deferred. Mayor Smith announced the opening of bids. Bids were opened and read for.Street Improvements on Morgan Street from the following: Brown & Root, Ines Heldenfels Brothers C. L. Castor Construction . . . J. M. Dellinger . Motion by Culli, seconded by Bigler and passed that the foregoing bids be tabled for 48 hours as required by the City Charter, and referred to the City Manager for tabulation. Bids were opened and read for Alterations to the Memorial Coliseum from the following: Hinchberger Construction Co. . . . . . Price Construction Co. Malone Construction Co.. . . . , . . . . The Bid of J. A. Walsh was disqualified since his prequalification questionnaire and financial statement was not received by the time required by.ordinance. . . , . . • . • Motion by Culli, seconded by Maldonado.and passed that the bids on Alterations to the Memorial Coliseum be tabled for 48 hours as required by the City Charter and referred to the City Manager for tabulation. Bids were opened and read for construction of Gollihar Storm Sewer, Units 5 and 6, Carroll Lane to Ayers, from the following: Slovak Brothers, Inc. Heldenfels Brothers T. H. Lee, , Bur -Tex Constructors Whitten Construction Co. Motion by Culli, seconded by Bigler and passed that the foregoing bids be tabled for 48 hours as required by the City Charter and referred to the City Manager for tabulation. Bids were opened and read on Parking Meters from the following: The Dual Parking Meter Co. The Karpark Corp. Magee Hale Park -O -Meter Co. Mi -Co Meter Sales Co. of the Southwest Motion by Culli, seconded by Maldonado and passed that the bids on Parking Meters be tabled for 48 hours as required by the City Charter and referred to the City Manager for tabulation. bond as required. Bids were opened and read on Water Division Materials from the following: Alamo Iron Works Crane Company Gulf Supply Co. Engineering Maintenance Co. Norvell-Wilder Co. The Rohan Company SAMSCO Wallace Company The bid of Engineering Maintenance Co. was disqualified since it was not accompanied by a bid Motion by Culli, seconded by Maldonado and passed that the bids on Water Division Materials be tabled for 48 hours as required by the.City Charter and referred to the City Manager for tabulation. Bids were read and opened on Street Construction Materials from the following: 185 C. C. Shell Dobie & Wollesen Gulf States Asphalt Co. Heldenfels Humble Oil & Refinery Servtex Materials Uvalde Rock Asphalt White's Uvalde Wright Asphalt M. P. Wright Motion by Culli, seconded by Bigler and passed that the bids be tabled for 48 hours as required by the City Charter and referred to the City Manager for tabulation. Bids were opened and read on Commercial Fertilizer from the following: Goldthwaite's Texas Toro Co. Wonder Gro Fertilizer Co. Young -Wise Seed Co. Motion by Culli, seconded by Maldonado and passed that the bids on Commercial Fertilizer be tabled for 48 hours as required by the City Charter, and referred to the City Manager for tabulation. In connection with the pending item of an ordinance prohibiting the sale of insecticides or ticides containing thallium and sodium fluroacetate, Mayor Smith read a letter which had been received from the Nueces County Medical Society withdrawing their objection to the insecticide or rodenticide in its presently manu- factured form, since they felt that the danger to life and health has been removeddue to the bitterness of the substance making it unpalatable to human beings, dogs and cats, and the ordinance was changed to reflect this stipulation. ' - t. Mr. William Shireman, attorney for Mr. Echols who is the manufacturer of this product in the area, approved the change of wording in the ordinance. In connection with the pending item of the application of C. B. Woodson Realty Co. for a change of zoning from "R-1" to "B-3", Casa Linda, motion by Culli, seconded by Bigler and passed, with Commissioner Robe voting "Nay", that the matter be disposed of at this time. Motion by Culli, seconded by Bigler and passed, with Commissioner Roberts voting "Nay", that the application be denied in accordance with the recommendation of the Zoning & Planning Commission. Mayor Smith announced the next item on the agenda was petitions or information from the audience on matters not scheduled on the agenda. Mayor Smith announced he had been handed a letter from the City Manager of Alice, Texas, to the effect that he has been instructed by his City Council to request that the City of Alice be allowed to purchase water from the City of Corpus Christi, that the City of Corpus Christi will enter into a contract with the City of Alice for the sale of water covering a period in excess of five years without the delay which would be occasioned by an election to approve such a contract. Mr. Drumb's letter pointed out that the officials of the City of Alice have actively supported the City of Corpus Christi before the Legislature and the Board of Water Engineers and in other ways in the creation of the water district and in securing the water rights upon the repeated assurances that the Wesley Seale Dam was an "area" project, and that the construction of a water line, pump stations and water treating plant necessary to transport and deliver water from the Dam to the City of Alice would necessitate finan- cing through the issuance and sale of bonds, and would therefore necessitate a contract under which the City of Alice could purchase a sufficient, assured supply of water over a sufficient period and at a price which would permit this type of financing. Mr. David Grose, City Attorney for Alice, Texas, spoke in support of the above mentioned letter, and stated that they would appreciate an answer within the next two weeks in order that they could proceed with the financing arrangements of their project. He introduced Councilman Clay Childs, Mr. Jack C. Key, Manager of the Chamber of Commerce, Councilman Rodney Tidwell, and Mr. Elmo Drumb, City Manager, all of Alice, who were also pre- sent in support of the above request. Mayor Smith said that the Council was mindful of the area.problem involved and would certainly study the problem in good faith, and that' -the Council appreciated their help and cooperation. 186 Mr. A. J. Scholtes, 714 Ohio, presented and read a letter suggesting that the present boundaries of the water district be changed to include all of the land within the City limits plus any area which will benefit within the near future by the completion of the Wesley Seale Dam because 45% of the area within the City limits that is entitled to be furnished water at City rates is not within the water district, and although enjoying the same benefits, are not paying the ad valorem taxes for same. Mr. Scholtes felt that the bonded indebtedness of the water district should be liquidated through ad valorem taxes rather than by an increase in water rates, and that such taxes should not be dispensed with until the bonds be liquidated from revenue without an increase in water rates. Mr. Scholtes stated that he did not want his statements to appear as a reflection to any member of the City Council or the Water District since it is an unfortunate outcome of the rapid growth of the City. Mr. Scholtes also wished to state his opinion that the Mayor of the City should have an office within the City Hall where he can be contacted on City affairs, and that in view of the amount of time the present Council has devoted to the betterment of our City, that a Charter amendment is highly in order to better compensate the Mayor and Council for their time. He further wished to commend the present administration on a wonderful job in solving the many problems that have been put before them. Mayor Smith replied that the Council appreciated his kind remarks, and in connection with his letter regarding the Water District, stated that the Council was well aware of the inequality of the situation and that the matter had had the Council's attention, but that the matter lies wholly within the legal control of the elected Water District not with the City Council. Mayor Smith further explained the situation of the rates and bond payments of the Water District, and pointed out that a recently enacted ordinance had increased the water rate for industrial users, but that the City cannot force or decree any specific action as to the Water District boundar ies. Mayor Smith announced the Council would next hear the City Manager's Reports. City Manager McClure presented a recommendation that the City Council take immediate action in cancelling the King's Cab Company franchise to operate a taxicab business in the City of Corpus Christi, prior to the tentative hearing date of January 24th set on that Company's application for additional cab operating permits, due to Lonnie King's conviction for a violation of the Texas Liquor Control Act and payment of"fine plus costs in Nueces County Court of Law No. 1. Mr. James Martin, attorney, appeared on behalf of Lonnie King, and stated that at a time when the Dispatcher was not at her desk, a man had left a suitcase containing 26 - pints of liquor in Lonnie King's office intending to pick it up later, and that before the man had returned to claim his suitcase, Lonnie King had been given the choice by the local Liquor Control Agent and the City's Vice Squad of either pleading guilty to possess the suitcase of liquor for sale and paying a'minimum fine, or of going immediately to jail. He stated that in to get out of the situation as easily as possible, Lonnie King had done as suggested, but that he had been assured by the Liquor Agent that he would hear nothing further about the matter. Mr. Martin produced the man to whom the suitcase belonged, James Bowman, who admitted to the Council that he was the guilty party, and also the Dispatcher Henry Ora May Love, who stated that she had not been at her desk at the time the suitcase was left there, and she further stated that this was not an unusual practice among their people to leave packages at the taxicab office to be called for later. Mr. Martin asked the Council not to revoke Mr. King's franchise for this cause, since it was not truly a violation on his part, and since in 22 years of service of this kind to his people he had not been conic of anything other than minor traffic violations. After discussion and questioning, it was suggested that Mr. Martin produce written evidence that the liquor had been sold to James Bowman as he had represented above. Motion by Bigler, seconded by Culli and passed that the matter be deferred until -the regular meet- ing of January 23rd. Motion by Culli, seconded by Bigler and passed that the following bid be awarded on the basis of the low bid meeting the specifications: 18'7 The bid on 3,700 feet of 12", 15" and 18" Reinforced Concrete Pipe to Coast Concrete Pipe Inc. for a net total of $4,199.00. (See Bid Tabulation #6 in File). #7 in File). The bid on Garbage Packer Bodies to Pak -Mor Mfg. Co. for a total of $6,600.00. (See Bid Tabulation The bid on Meter Boxes and Meter Box Lids and Light Machined Manhole Rings to Alamo Iron Works for a net total of $1,930.60; on Heavy Machined Manhole Rings to Gulf Star Foundries for a net total of $4,949.00; and on Valve Box Boots to San Antonio Machine & Supply Co. for a net total of $3,430.00. (See Bid Tabulation #8 in File��. The bid on 15,000 feet of 1" Copper Tubing to San Antonio Machine & Supply Co. for a net total of $7,716.23. (See Bid Tabulation #9 in File). The bid on 1 Street Sweeper to Dulaney Service Co. for a net total of $10,160.00; the bid on 1 Motor Grader to Jess McNeel Machinery Co. for a net total of $12,860.00; the bid on 1 Asphalt Surface Heater to Roy Klossner Co. for a net total of $630.63; the bid on 1 Self Propelled Patching Roller to Jess McNeel Machinery Co. for a net total of $2,250.00; the bid for 3 -5 -ton, 3 Wheel Roller to Jess McNeel Machinery Co. for a net total of $4,700.00; the bid on 1 Pneumatic Mounted Tractor to South Texas Equipment Co. for a net total of $2,470.18; the bid on 1 Double Drum Sheepsfoot Tamping Roller to Ingram Equipment Co. for a net total of $850.00; and that the award of bid on 1 Loading Machine be deferred. (See Bid Tabulation #10 in File). Motion by Culli, seconded by Bigler and passed that the Error & Correction Lists for December, 1956, be approved. Motion by Culli, seconded by Bigler and passed that the Hot -Mix Resurfacing 8 miles of streets by Heldenfels Brothers be accepted, and final payment of Estimate #2 be approved in the amount of $23,027.81. (See Ordinance No, 4724). Mr. Roberts presented for the consideration of the Council an ordinance. The ordinance was read by the City Secretary. The Mayor presented to the Council a communication in writing pertaining to said proposed ordinance, as follows: "Corpus Christi, Texas, January 16, 1957. TO THE CITY COUNCIL CORPUS CHRISTI, TEXAS Gentlemen: The public importance and pressing need for the permanent improvements to be constructed by use of the pro- ceeds of the bonds voted at elections held on November 24, 19530 and October 6, 1956, create an emergency and an imperative public necessity requiring the suspension of rules and Charter provisions requiring ordinances to be considered and voted upon at three regular meetings. I. therefore, request that the City Council pass the proposed ordinance authorizing the issuance of $1,750,000.00 Airport Bonds and $820,000.00 Storm Sewer Bonds, as an emer- gency. You will please consider this request in connection with the ordinance which has been introduced in the City Council of this subject. Yours very truly, /s/ Farrell D. Smith, Mayor." Commissioner Culli made a motion that the Charter provision prohibiting ordinances from being pass finally on the date introduced be suspended for the reasons stated in the written request of the Mayor and stated in the emergency clause of the ordinance. The motion was seconded by Commissioner Maldonado. The motion was carr by a unanimous vote by the City Council, viz: AYES: Commissioners Culli, Bigler, Roberts and Maldonado. NOES: None. The Mayor requested that the records show that he voted Aye. This was done. Commissioner Roberts made a motion that the ordinance be passed finally. The motion was seconded by Commissioner Culli. The motion was carried by the following vote: AYES: Commissioners Culli, Bigler, Roberts and Maldonado. NOES: None. The Mayor requested that the records show that he voted Aye. This was done. The Mayor announced that the ordinance had been passed. The ordinance is as follows: • • • ORDINANCE N0. 4721 BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, PROVIDING FOR THE ISSUANCE OF $1,750,000.00 CITY OF CORPUS CHRISTI, TEXAS, AIRPORT BONDS, SERIES 1957, AND $820,000.00 CITY OF CORPUS CHRIST I, TEXAS, STORM SEWER BONDS, SERIES 19579 BEARING INTEREST AT THE RATES HEREINAFTER SET FORTH, AND PROVIDING FOR THE LEVY, ASSESSMENT AND COLLECTION OF A TAX SUFFICIENT TO PAY THE INTEREST ON SAID BONDS AND TO CREATE A SINKING FUND FOR THE REDEMPTION THEREOF AT MATURITY; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye Minor Culli Aye B. E. Bigler Aye Manuel P. Maldonado Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye W. J. Roberts Aye Minor Culli Aye B. E. Bigler Aye Manuel P. Maldonado Aye ORDINANCE NO. 4722 AMENDING AN ORDINANCE ENTITLED "AN ORDINANCE AMENDING THE RULES AND REGULATIONS OF THE CIVIL SERVICE BOARD OF THE CITY OF CORPUS CHRISTI BY ADDING ARTICLE 20 PROVIDING FOR THE ADOPTION AND ADMINISTRATION OF THE POSITION CLASSIFICATION PLAN FOR ALL OFFICES AND POSITIONS IN THE CLASSIFIED SERVICE", AND BEING ORDINANCE NO. 3658, PASSED AND APPROVED BY THE CITY COUNCIL ON THE 10TH DAY OF FEBRUARY, 1954, AS AMENDED, BY.AMENDING SECTION 4 OF SAID ARTICLE 20 AS FOLLOWS: BY CHANGING THE FOLLOWING CLASS GRADES IN THE FISCAL AND ACCOUNTING GROUP: STORES SUPERVISOR IN THE PURCHASING AND STORES SERIES FROM GRADE 23 TO GRADE 25, AND ACCOUNTANT IN THE ACCOUNTING SERIES FROM GRADE 18 TO GRADE 22; BY ADDING TO THE ACCOUNTING SERIES OF THE FISCAL AND ACCOUNTING GROUP CLASS TITLE SENIOR ACCOUNTANT 11 IN CLASS GRADE 25; BY CHANGING THE CLASS TITLE OF SENIOR ACCOUNTANT, GRADE 22, IN THE ACCOUNTING SERIES OF THE FISCAL AND ACCOUNTING GROUP, TO SENIOR ACCOUNTANT 1 IN CLASS GRADE 23; AND BY CHANGING THE CLASS GRADE OF CHIEF ACCOUNTANT IN THE ACCOUNT- ING SERIES OF THE FISCAL AND ACCOUNTING GROUP FROM GRADE 28 TO 29; CONTAINING A SAVINGS CLAUSE; PROVIDING FOR AN EFFECTIVE DATE; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye Minor Culli Aye B. E. Bigler Aye Manuel P. Maldonado Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye W. J. Roberts Aye Minor Culli Aye B. E. Bigler Aye Manuel P. Maldonado Aye ORDINANCE N0. 4723 RECEIVING AND ACCEPTING THE WORK OF CONSTRUCTION OF THE EVERHART STORM*SEWER, GOLLIHAR LATERALS, PROJECT NO. 3-53-2.5, PERFORMED BY SLOVAK BROTHERS, UNDER THEIR CONTRACT WITH THE CITY DATED SEPTEMBER 4, 1956, AS AUTHORIZED BY ORDINANCE NO. 4616; AUTHORIZING PAYMENT OF FINAL ESTIMATE, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, DATED DECEMBER 31,'1956, IN THE AMOUNT OF $15,238.42, TO BE PAID FROM CONSTRUCTION AND CONTINGENCY FUNDS PREVIOUSLY APPRO- PRIATED FROM N0. 295 STORM SEWER BOND IMPROVEMENT FUND; AND DECLARING AN EMER- GENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye Minor Culli Aye B. E. Bigler Aye Manuel P. Maldonado Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye W. J. Roberts Aye Minor Culli Aye B. E. Bigler Aye Manuel P. Maldonado Aye 189 ORDINANCE N0.' 4724 RECEIVING AND ACCEPTING THE WORK OF CONSTRUCTION OF STREET IMPROVEMENTS CONSIST- ING OF HOT -MIX ASPHALTIC CONCRETE RESURFACING OF EIGHT (8) MILES OF STREETS, PROJECT 1-53-9.3, PERFORMED BY HELDENFELS BROTHERS, UNDER THEIR CONTRACT WITH THE CITY DATED AUGUST 22, 1956, AS AUTHORIZEDYBY ORDINANCE NO. 4610; AUTHORIZING PAYMENT OF FINAL ESTIMATE, A COPY OF WHICH IS'ATTACHED HERETO AND MADE A PART HEREOF, DATED JANUARY 1, 1956, IN THE AMOUNT OF $23,027.81, TO BE PAID FROM CONSTRUCTION FUNDS PREVIOUSLY APPROPRIATED FROM NO. 220 STREET BOND IMPROVEMENT FUND; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith— Aye W. J. Roberts Aye Minor Culli Aye Be E. Bigler Aye Manuel P. Maldonado Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye W. J. Roberts Aye Minor Culli Aye Be E. Bigler Aye Manuel P. Maldonado Aye ORDINANCE NO. 4725 RECEIVING AND ACCEPTING THE WORK OF CONSTRUCTION OF ARCADIA VILLAGE STORM SEWERS, PROJECT 3-53-1.8, PERFORMED BY HELDENFELS BROTHERS, UNDER THEIR CONTRACT WITH THE CITY DATED JUNE 13, 1956, AS AUTHORIZED BY ORDINANCE NO. 4550; AUTHORIZING PAYMENT OF FINAL'ESTIMATE, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, DATED DECEMBER 59 1956, IN THE AMOUNT OF $259885.03, TO BE PAID FROM CONSTRUCTION FUNDS PREVIOUSLY APPROPRIATED FROM NO. 295 STORM SEWER BOND IMPROVEMENT FUND; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye Minor Culli Aye Be E. Bigler Aye Manuel P. Maldonado Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye W. J. Roberts Aye Minor Culli Aye Be E. Bigler Aye Manuel P. Maldonado Aye ORDINANCE N0. 4726 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A REAL ESTATE SALES CONTRACT WITH JOE HROCK, SR. AND WIFE MARY HROCK, FOR THE PURCHASE BY THE CITY OF A TRACT OF LAND DESCRIBED AS LOT 19 SECTION 15 OF THE BOHEMIAN COLONY LANDS, FOR A SEWER DISPOSAL -PLANT SITE AND OTHER MUNICIPAL AND PUBLIC PURPOSES AT RABBIT RUN AND SARATOGA; AND AUTHORIZING AND DIRECTING THE CITY MANAGER, AS A PART OF THE CONSIDERATION FOR SAID PURCHASE, TO RECOGNIZE AN EXISTING FARM LEASE ON SAID PROPERTY IN BEHALF OF WILLIE HROCK FOR A TERM ENDING SEPTEMBER 30, 1957, WHICH FARM LEASE HAS BEEN REDUCED TO WRITING AND TO BE EXECUTED BY THE CITY MANAGER, COPIES OF SAID SALES CONTRACT AND FARM LEASE BEING ATTACHED HERETO AND MADE A PART HERE- OF; APPROPRIATING THE SUM OF $52,250.00 OUT OF NO. 250 SANITARY SEWER SYSTEM BOND FUND, OF WHICH $52,000.00 IS THE PURCHASE PRICE FOR SAID PROPERTY AND $250.00 IS FOR TITLE EXPENSES AND RECORDING FEES IN CONNECTION WITH SAID PURCHASE; AND DECLARING AN EMERGENCY. ' The Charter Rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye' Minor Culli Aye Be E. Bigler Aye Manuel P. Maldonado Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye W. J. Roberts Aye Minor Culli Aye Be E. Bigler Aye Manuel P. Maldonado Aye ORDINANCE NO. 4727 PROHIBITING THE SALE OF INSECTICIDES OR RODENTICIDES CONTAINING THALLIUM AND SODIUM FLUOROACETATE (COMPOUND 1080) IN ANY FORM OR CONCENTRATION, UNLESS THE SAME SHALL CONTAIN AN INGREDIENT WHICH WILL MAKE THE SAME UNPALATABLE TO HUMAN BEINGS, DOGS AND CATS; PROVIDING FOR PUBLICATION; PROVIDING FOR A PENALTY FOR VIOLATION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye Minor Culli Aye B. -Eo Bigler. Aye Manuel P. Maldonado Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye W. J. Roberts Aye Minor Culli Aye B. E. Bigler. Aye Manuel P. Maldonado Aye There being no further business to come before the Council, the meeting was adjourned. REGULAR COUNCIL MEETING January 23, 1957 2:00 p. m. PRESENT: Mayor Farrell D. Smith Commissioners: W. J. Roberts City Manager Russell E. McClure Minor Culli Assistant City Attorney Glenn Parker B. E. Bigler City Secretary T. Ray Kring Manuel P. Maldonado Mayor Farrell D. Smith called the meeting to order. The Invocation was given by Reverend David C. Penticuff, of the Church of the Good Shepherd. City Secretary Kring called the roll of those in attendance. Motion by*Roberts, seconded by Maldonado and passed that the Minutes of the Special Meeting of January 8 and January 16, and the Regular Meeting of January 9 and January 16, 1957, be approved. Mayor Smith announced the opening of bids. Bids were opened and read on the T. C. Ayers Park Swimming Pool from the following: C. L. Castor Construction Co. Price Construction Co. Motion by Culli, seconded by Bigler and passed that the foregoing bids be tabled for 48 hours as required by the City Charter, and referred to the City Manager for tabulation. Bids were opened and read on the construction of'Boat Ramps at the L -Head from the following: Slovak Brothers Brown & Root, Inc. Goldston Co. C. L. Castor Construction Co. T. H. Lee Elmer C. Gardner Motion by Culli, seconded by Bigler and passed that the foregoing bids be tabled for 48 hours as required by the City Charter, and referred to the City Manager for tabulation. Bids were -opened and read on the Prescott & Port Avenue Laterals, Proctor-Brawner Storm Sewer from the following: C. L. Castor Construction Co. Heldenfels Brothers Slovak Brothers, Inc. Brown & Root, Inc. T. H. Lee Whitten Construction Co. Motion by Culli, seconded by Bigler and passed that the foregoing bids be tabled for 48 hours as required by the City Charter, and referred to the City Manager for tabulation. Bids were opened and read on Street Improvements for Brawner Parkway connection to Carroll Lane from the following: C. L. Castor Construction Co. Heldenfels Brothers So. Texas Construction Co. Zachry Construction Co. T. L. Scott Motion by Culli, seconded by Bigler and passed that the foregoing bids be tabled for 48 hours as required by the City Charter and referred to the City Manager for tabulation. Motion by Bigler, seconded by Culli and passed that the bid of L. A. Fowler be returned to the 191 bidder unopened for failure to prequalify in not filing the Equipment & Experience Questionnaire. Mayor Smith announced the next matter was a public hearing on the application of Warren, Carr & Modessett for a change of zoning from "R-1" One -Family Dwelling District to "B-3" Secondary Business District on a tract of land located at the southeast corner of Airline Road and South Alameda, and read the recommendation of the Zoning & Planning Commission for denial on the basis that no public necessity had been shown at this time. Dudley Foy, attorney representing the applicants, quoted figures from a Home Builders magazine of Mr. Mott to the effect that 12 to 15 hundred families will support a neighborhood business center which has a 15 to 20 thousand square foot super market, a'drug store and service stores in proportion, and pointed out that using only that area south of Airline to Beckner and Ocean Drive, there are presently 1650 units, with a potential of 2550 additional units, which he felt showed the area could support such a business development as the applicants anticipated, and that there was a need in the area at.this time, and even a potential for more business zoning at the intersection. He felt also that the present and potential development'of the area was adequate to support his clients` project independent of the area from which Town & Country Shopping Center draws their trade. Mr. Guy Warren, one of the applicants, stated that they would not object to business zoning on the property across the street, as they felt the area would support it, and further that if they had not been assured that this area was planned for business zoning when it was taken into the City, they would never have sold part of the property for residential development on the basis of a shopping center at this corner, and that he did not feel that business zoning he asked was unreasonable out of 1700 acres. Mr. Warren showed an architect's sketch of the proposed development. He further stated that it was their intention to go right ahead with the development, that he would be glad to work with the Zoning & Planning Department on set -back lines and to round the corner of Airline and Alameda, and to provide an 80 -foot right-of-way. Mr. H. C. Heldenfels, a member of the firm developing the adjoining property with 1,000 home sites, stated that he was under the impression when developing the Cullen Place Units from the Zoning & Planning Depart - meet that this area would be zoned for business, and he felt it would enhance the value of the residential proper- ty to have such a shopping center in the area. Mr. W. T. Armstrong, a builder, was in favor'of the zoning as he said it would help his sales considerably in the area, and stated that about 20 people in the`area have asked him to come to the public hearing and speak in favor of it. Mr. Elton Ewing, Mr. W. C. Schwabbe, and Mr. Herbert Esse, all builders in the area, each spoke in favor of the business zoning. Mr. R. A. Humble, a business owner, stated he was interested in all the South end of town, but only as an observer, asked why the Zoning & Planning Commission had recommended denial of the application. The Council answered that the reason had been given as no necessity at the time. Mr., J. F. Critz felt that there was a difference of opinion as to how many families would support a shopping center, and suggested that the application be referred back to the Zoning & Planning Commission for further study and a more definite recommendation. He stated that he did not believe that 1500 families justified a shopping center of this size, that he has a store in Town & Country Shopping Center 'which is drawing from all this area and he still lacks showing a profit. Dave Coover, attorney representing Frank Cech in his application pending on the West corner of the intersection, reviewed the sequence of the zoning application in the area, and stated that his client feels that the Warren corner deserves business zoning provided the Cech corner receives business zoning at the same time, and in this way, any residential buyers in the -immediate vicinity will know at the time they purchase what to expect in the area. Mr. Joe Ratliff felt it was a question of economic need in the area, and urged that.it be'referred back to Zoning & Planning Commission for further -study of all the properties involved so they can be considered when development is such as to support the shopping facilities contemplated. Mr. A. J. Scholtes, owner of a super market within a k -mile of the'proposed development felt that the need had not been shown.: 0 192 . Everyone wishing to speak having been heard, motion by Culli, seconded by Roberts and passed that the hearing be closed, and the application taken under advisement. Mayor Smith announced the next matter was -pending items.before the Council, and the first one was .in connection with Lonnie King's taxicab franchise on which action had been deferred at the previous Council Meeting. James Martin, attorney for Lonnie King, stated that he was unable to obtain a sales ticket for the purchase of the whiskey as requested by the Council last week. The Council questioned Lonnie King as to his connection with the King Hotel, King Taxi Stand, Hotel Coffee Shop, Progressive Club, and the Embassy Club, and questioned James Bowman further as to his purchases of liquor on the date in question. Motion by Roberts, seconded by Bigler and passed that the recommendation of the Chief. of Police for revocation of the franchise of King's Cab Company be approved, but that the effective date of.revocation be suspended for.2 years, provided there are no further violations of City Ordinances or State laws during this.period, and provided further that no additional permits are to be approved during this 2 -year period. Lonnie King asked if he would have to go through all this again if any of the 50 people employed by him should be arrested during the next two years. The Council answered that his franchise was only in jeopardy for a charge in which he was in- volved himself as a party defendent, not for.guests in his hotel, customers in his coffee shop or riders in his cabs. Motion by Roberts, seconded by Maldonado and passed that the Police Division and the State Liquor Control Agents be commended for their enforcement activities in this matter. Next was the pending application of Rednick, Wimberly & Strauss for a change_of zoning from "R-21,' Two -Family Dwelling District to "A-2" Second Apartment House District on Lots 56 through 64, Block 808, Port Aransas Cliffs, being those lots on the East side of S. Alameda running 225 feet North from Harrison St. Motion by Bigler, seconded by Roberts and passed that the matter be postponed until March 27,. 1957, in accordance with the request of the applicant.-, Mr. William Prewitt of the National Guard Armory Board asked what was the status of their request for a site. Mayor Smith answered that although the Council had worked on the matter during the past week, the situation was still the same, and suggested that Mr. Prewitt meet with him in the morning and go over the matter and see if they could work out something. No one appeared in answer to the Mayor's invitation to anyone with petitions or information for the Council on matters not scheduled on the agenda to come forward and be heard. Mayor Smith announced the Council would next hear the City Manager's Reports. After a lengthy discussion, the approval of the Lake Corpus Christi Redevelopment Plan was deferred for one week to reconcile some legal questions regarding the matter. commitments. A, Mayor Smith and Commissioner Culli asked to be excused from the meeting due to other business Mayor Pro -tem Roberts took over the Chair. Motion by Bigler, secondedby Maldonado and passed that the award of bid for Street Construction Materials be made as follows: RC 2 Oil Asphalt Hot Mix Cold Laid Type "DD" Hot Mix Cold Laid Type "CC" Cold Mix Type "D" Aggregate Grade 2P Shell - delivered to Hopper Shell - delivered to Airport Shell - delivered to Burns. Caliche - Stockpile - Jobsite (See Bid Tabulation #11 in File). @ .0999 per gal. @ 4.62 per ton @ 4.52 per ton @ 4.55 per ton @ 3.95 per ton @ .90 per C.Y. @ 1.35 per C.Y. @ 1.20 per C.Y. @ 1.90 per C.Y. Humble Oil & Refining Co. Servtex Materials Co. Servtex Materials Co. White's Uvalde Mines Uvalde Rock Asphalt Co. Heldenfels Bros. Heldenfels Bros. Heldenfels'Bros. M. P. Wright, Jr. Motion by Bigler, seconded by Maldonado and passed that the bids on the Tire and Tubes be rejec as too high, and the tire and tube requirements be purchased on a negotiated basis. (See Bid Tabulation #12 in File) . 193 Motion by Maldonado, seconded by Bigler and passed that the award of contract on Morgan Street Improvements, Ocean Drive to 19th Street, be made to Heldenfels Brothers at their low bid of $191,426.70. Motion by Bigler, seconded by Maldonado and passed that the award of contract on Gollihar Storm Sewer, Units 5 and 6, Carroll Lane to Ayers, be made to Slovak Brothers at their low bid of $427,014.72. Motion by Maldonado, seconded by Bigler, and passed that the award of contract on Repairs to the Overhang Eave of the Coliseum be made to Malone Construction Co. for Alternate No. 3, at their low bid of $4,320.00, and sufficient funds be transferred for this project from the Emergency and Non-recurring Account. Motion by Bigler, seconded by Maldonado and passed that the additional sum of $76,352.67 be appropriated out of Fund No. 200 Gas System Bond Improvement Fund for the Rehabilitation of Gas Mains in the 18th Street Area by City Forces be approved. Motion by Maldonado, seconded by Bigler and passed that the sum of $11,757.28 be appropriated for Materials & Supplies for the Paving of Campbell Lane to be paid by the abutting land owners. Motion by Bigler, seconded by Maldonado and passed that the award of bid on 30 tons of Turf Special Fertilizer be made to Young -Wise Seed Co. for $1,890.00. ($ee Bid Tabulation #13 in File). Motion by Bigler, seconded by Maldonado and passed that the award on Water Division Materials for Warehouse Stock be made as follows: To San Antonio Machine & Supply Co. 1 18" all DX 450 Bend; 1 20" DX Plug; 1 18" x 12" P. E. Reducer for a net total of $224.94; To Rohan Company 18" x 16" DX P. E. Red. SE -PE; 1 20" x 12" DX P. E. Red. SE -PE; 2 12" x 1011 all DX Red.; 1 20" x 20" all DX Tee; 1 18" x 12" DX Cross; 2 10" x 6' C1.150 Pipe for a net total of $892.96; To Norvell-Wilder Supply Co. 2 12" Nordstrom Fig. 1989 Valve for a net total of $1,257.38; To Crane Company 1 16" Std. 450 Weld Ell; 1 12" Std. 450 Weld Ell; 2 12" Std. 900 Weld Ell; 1 16" x 12" Std. Steel Weld Cone; 6 12" 150# Steel Slipon Flange; 2 16" 150# Steel Slipon Flange for a net total of $621.90; To Gulf Supply Co. 1 12" Non Slam Iron Check Valve for a net total of $518.88. (See Bid Tabulation #14 in File). FIRST READING OF AN ORDINANCE REGULATING IMMORAL OR DEPRAVED PUBLICATIONS, MOTION PICTURES, PENNY ARCADE MACHINE PICTURES AND INDECENT OBJECTS; PROVIDING THAT THE EDITING, PUBLISHING OR DISSEMINATION OF ANY PAMPHLET, MAGAZINE OR ANY PRINTED PAPER DEVOTED MAINLY TO THE PUBLICATION OF WHORING, LECHERY, ASSIGNATION, INTRIGUES BETWEEN MEN AND WOMEN AND IMMORAL CONDUCT OF PERSONS, OR OF DEPRAVED ACTS AS SHOWING VIOLENT BRUTALITY, OR THE POSSESSION OR KEEPING FOR SALE OR DISTRIBUTION OR ASSISTING IN THE SALE OR DISTRIBUTION OF ANY SUCH PAMPHLET, MAGAZINE OR PRINTED MATTER, OR THE SHOWING OF LEWD, LASCIVIOUS, OBSCENE, INDECENT, I MORAL PICTURES, OR OF PICTURES OF ACTS SHOWING VIOLENT BRUTALITY, ON THE COVER, JACKET, OR FRONT- ISPIECE; MAKING IT UNLAWFUL FOR ANY PERSON, FIRM OR CORPORATION, OR ANY AGENT OR EMPLOYEE THEREOF, ACTING AS A WHOLESALE DISTRIBUTOR OR NEWS AGENCY TO REQUIRE, OR DEMAND OF, ANY PERSON, FIRM, OR CORPORATION SELLING GOODS, WARES, AND MERCHANDISE AT RETAIL TO PURCHASE OR ACCEPT FROM SUCH DISTRIBUTOR OR AGENCY ANY PARTICULAR, PAMPHLET, MAGAZINE OR PRINTED MATTER IN ORDER THAT SUCH RETAILER MIGHT PURCHASE OR SECURE FROM SUCH DISTRIBUTOR OR AGENCY ANY OTHER PAMPHLET, MAGAZINE, OR PRINTED MATTER; MAKING IT UNLAWFUL FOR ANY PERSON TO HAVE IN HIS POSSESSION IN ANY PUBLIC PLACE ANY OBSCENE, LEWD, INDECENT, LASCIVIOUS BOOK, PAMPHLET, OR OTHER REPRESENTA- TION, FIGURE OR IMAGE ON PAPER OR OTHER MATERIAL OF AN IMMORAL OR INDECENT NATURE; OR ANY NEWS PAPER OR MAGAZINE CONTAINING PICTURES OF NUDE OR PARTLY NUDE MEN OR WOMEN; PROVIDING A PENALTY FOR VIOLATION; REPEALING ORDINANCE NO. 852 PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI ON THE 24TH DAY OF MAY, 1938; OF RECORD IN VOLUME 10, PAGE 173 OF THE ORDINANCE AND RESOLUTIONS RECORDS OF OF THE CITY OF CORPUS CHRISTI, TEXAS; CONTAINING A CORPORATION CLAUSE AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read and passed to its second reading by the following vote: Farrell D. Smith Absent W. J. Roberts Aye Minor Culli Absent B. E. Bigler Aye Manuel P. Maldonado Aye 194 ORDINANCE NO. 4728 AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE A CONTRACT WITH HELDENFELS BROTHERS FOR CONSTRUC- TION OF THE MORGAN STREET IMPROVEMENTS, OCEAN DRIVE TO 19TH STREET, PROJECT 1-53-15.1 AS MORE FULLY DESCRIBED IN THE PLANS AND SPECIFICATIONS AND CON- TRACT DOCUMENTS, MADE A PART HEREOF BY REFERENCE;.APPROPRIATING THE SUM OF $169,880.00 FROM NO. 220 STREET BOND IMPROVEMENT FUND, OF WHICH AMOUNT $129,192.70 IS FOR THE CONSTRUCTION CONTRACT AND $9,571.30,IS FOR CONTINGEN- CIES, AND $31,116.00 FOR ANTICIPATED HOMESTEAD ASSESSMENTS; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Absent W. J. Roberts Aye Minor Culli Absent B. E. Bigler Aye Manuel P. Maldonado Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Absent W. J. Roberts Aye Minor Culli Absent B. E. Bigler Aye Manuel P. Maldonado Aye ORDINANCE N0. 4729 AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE A CONTRACT WITH SLOVAK BROTHERS, INC., FOR CONSTRUC- TION OF UNITS 5 AND 6 OF THE GOLLIHAR STORM SEWER SYSTEM, WITH A LATERAL ALONG NESBITT AND MC.ARDLE ROAD, PROJECT 3-53-2.2, AS MORE FULLY DESCRIBED IN THE PLANS, SPECIFICATIONS AND CONTRACT DOCUMENTS, MADE A PART HEREOF BY REFERENCE; APPROPRIATING THE SUM OF $448,365.00 FROM NO. 295 STORM SEWER BOND IMPROVEMENT FUND, OF WHICH $427,014.72 IS THE CONTRACT COST AND $21,350:28 IS FOR CONTIN- GENCIES; AND DECLARING AN EMERGENCY, The Charter Rule was suspended by the following vote: Farrell D. Smith Absent W. J. Roberts Aye Minor Culli Absent B. E. Bigler Aye Manuel P. Maldonado Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Absent W. J. Roberts Aye Minor Culli Absent B. E. Bigler Aye Manuel P. Maldonado Aye ORDINANCE NO. 4730 AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE A CONTRACT WITH MALONE CONSTRUCTION COMPANY FOR REPAIRS TO THE EAVE OVERHANG AT THE MEMORIAL COLISEUM IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, AS MORE FULLY DESCRIBED IN THE PLANS, SPECI- FICATIONS AND CONTRACT DOCUMENTS, MADE A PART HEREOF BY REFERENCE; PROVIDING FOR PAYMENT IN THE AMOUNT OF $4,320.00 FROM FUNDS IN THE EMERGENCY AND NON- RECURRING ACCOUNT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Absent W. J. Roberts Aye Minor Culli Absent B. E. Bigler Aye Manuel P. Maldonado Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Absent W. J. Roberts Aye Minor Culli Absent B. E. Bigler Aye Manuel P. Maldonado Aye ORDINANCE N0. 4731 APPROPRIATING THE SUM OF $11,757.28 FROM CONTRIBUTIONS MADE AND TO BE MADE BY ADJOINING LAND OWNERS OF CAMPBELL LANE FOR THE PURPOSE OF PAYING FOR THE MATERIALS NEEDED TO PAVE CAMPBELL LANE, SAID APPROPRIATION TO BE PLACED IN CODE 256 STREET MATERIALS AND SUPPLIES ACCOUNT OF THE.CURRENT OPERATING BUDGET OF THE STREET DIVISION OF THE STREET FUND; AUTHORIZING LABOR AND EQUIPMENT TO BE FURNISHED BY THE CITY FORCES OF THE STREET DIVISION; AND DECLARING AN EMERGENCY. 195h The Charter Rule was suspended by the following vote: Farrell D. Smith Absent W. J. Roberts Aye Minor .Culli Absent B. E. Bigler Aye Manuel P. Maldonado Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Absent W. J. Roberts Aye Minor Culli Absent B. E. Bigler Aye Manuel P. Maldonado Aye ORDINANCE N0. 4732 APPROPRIATING AN ADDITIONAL SUM OF $769352.67 OUT OF GAS SYSTEM BOND IM- PROVEMENT FUND NO. 200 FOR PROJECT NO. 9-53-18, EIGHTEENTH STREET AREA, FOR THE REHABILITATION OF GAS MAINS IN THAT AREA;AUTHORIZING SAID WORK TO BE DONE BY CITY FORCES; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith W. J. Roberts Minor Culli B. E. Bigler Manuel P. Maldonado The foregoing ordinance was passed by the following vote: Farrell D. Smith W. J. Roberts Minor Culli B. E. Bigler Manuel P. Maldonado Absent Aye Absent Aye Aye Absent Aye Absent Aye Aye Mr. F. L. Jackson, Manager of Nueces News Agency, presented a copy of the October issue of Harper's magazine, one of the magazines recommended by the Committee for Clean Literature last year, and asked that the Council read the .article entitled "THE EDITOR'S EASY CHAIR" which had reference to legislation on censor- ship, as he thought it might have some significance in connection with the proposed ordinance which had just.had its first reading. There being no further business to come before the Council, the meeting was adjourned. PRESENT: Mayor Farrell D. Smith Commissioners: W. J. Roberts Minor Culli B. E. Bigler Manuel P.':Maldonado REGULAR COUNCIL MEETING January 30, 1957 2:00 p. m. City Manager Russell E. McClure City Attorney I. M. Singer City Secretary T. Ray Kring Mayor Farrell D. Smith called the meeting to order. The Invocation was given by Reverend R. A. Hicks of Mt. Zion Baptist Church. City Secretary Kring called the roll of those in attendance. Motion by Bigler, seconded by Maldonado and passed that the Minutes of the Regular Meeting of January 23, 1957, be approved. Mayor Smith announced that next on the agenda were two pending items for Council action. Motion by Roberts, seconded by Bigler and passed that the purchase of a Michigan Loading Machine be made from Pearce Equipment Company for a net cost of $10,175.00.% (See Bid Tabulation #10 in File). Mayor Smith stated that the Lake Corpus Christi Redevelopment Plan had been worked on previously and that it imposes relocation for the Girl Scout Camp and certain re -defining of the lease of the Boy Scout Area and increases in the land for the State Park - all pursuant to plans previously shown by metes and bounds and predi- cated by the construction and completion of the new Wesley Seale Dam. These leases will be for a period of 30 years if approved by the electorate. Motion by Culli, seconded by Bigler and passed that: 1. The City Council approve the redevelopment plan at Lake Corpus Christi as discussed with the State Parks Board at the meeting held with that agency in the City Council Room on Monday, January 21, 1957, at 9:30 a. m. 196 2. The following modifications are requested: a. Extend the City property boundary northeast along the northwest property line to the roadway of the State Park and continue southeast along the roadway to the highway. b. Provide for the boundary line between the Boy Scout area and the State Park area to be adjusted to permit easy access to the public area at 104 ft. elevation and provide for a corridor along the northeast boundary of the Boy Scout property to permit public access to any additional area acquired for State Park. purposes. , 3. This action is to be transmitted to the State Parks Board and an immediate request is to be made by the State Parks Board to the Texas Legislature for funds to relocate present facilities as well as to pro- vide for the early re -development of the entire area that is to be available for public use. 4. With this action of the City Council the Lower Nueces River Water Supply District is to pre- pare the necessary agreements leasing the property for a.30 -year period to the State Parks Board, the Boy Scouts, and the Girl Scouts for formal concurrence by the voters at the regular City election on April 2, 1957. Such agreements are to provide that no sub -leases are to be permitted except for concession purposes, and that there is to be no reimbursement for land or buildings when an additional area is needed for the lake. A provision is also to be made to assure that the property will be available to the City if it is needed as an area for assembly or refuge in the event of an emergency. Mayor Smith acknowledged the presence of the eighth grade class from Corpus Christi Cathedral School and expressed appreciation for their interest in City Government, Mayor Smith invited anyone in the audience with petitions or information for the Council to come forward and be heard.. Mr. Larry Allen of 2521 Prescott appeared and presented to the Council petitions containing 7,692 signatures requesting that another election be held on the dog leash law, that it be worded simply to read "FOR or AGAINST the dog leash law". Attending the meeting and speaking against the law were: Mr. Paul Vogler,,754k Omaha; Laura Labrier, 919 Buffalo; Mrs. Fred Best, 1701 Whiting Dr.; Mrs. Arnold Morgan, 3374 Mavis; Dr. J. R. Riley, 4787 Ocean Drive: Dr. Riley promised the Council that if there is another election he would never again appear before the Council on the matter. Attending the meeting and speaking in favor of the law were: Mrs. C. P. Aratz, 4825 Lansdown;: S. N. Turner, 4418 Cedar; E. H. Gilbert, 2810 Cloyde; Mrs. E. M. Brides, 1637 Brentwood. Motion by Roberts, seconded by Bigler and passed that the petitions received from Mr. Allen be received and filed for study. Mr. Paul Nye appeared before the Council representing the Oso Little League Baseball Club, and presented a plan of the baseball field to be constructed on the land leased from the City. He stated that he had conferred with Mr. Singer, City Attorney, and that it had been pointed out to him that if, during the five year lease, the City needed to place utility lines across the section of land leased to the Little League there shall be no hesitation on the part of the Little League in allowing such action. Mr. Nye stated that any such action on the part of the City would be accepted, that he was mainly interested in keeping the project moving for the duration of the 5 -year lease and then longer. Mayor Smith announced the Council would next hear the City Manager's Reports. Motion by Culli, seconded by Maldonado and passed that the request of the Buccaneer Days Commiss for use of the area south of the Coliseum for a carnival in connection with the Buccaneer Days Program be approved and that the proposal to surface an area of approximately 120 feet off of the North end of McCaughan Park, estimate, to cost $6,000, providing for an additional 120 parking spaces, be approved with the Buccaneer Days Commission paying one-half of the estimated cost, with payments as follows: $1,000 now, $1,000 in April of 1958 and $1,000 in April of 1959. Mrs. Armstrong Price appeared and objected to the paving of a portion of the McCaughan Park, stating that Corpus Christi has too small a park area on the water front as it is now, that it is one of Corpus Christi's most valuable assets and that it just shouldn't be done. Motion by Roberts, seconded by Maldonado and passed that the bids on the T. C. Ayers Swimming Pool be rejected on the basis that the low bid exceeds the amount allocated for this purpose. It was noted that perhaps the pool could be redesigned later at some savings in cost. 19'7 Motion by Bigler, seconded by Maldonado and passed that the contract for the construction of the Proctor-Brawner Storm Sewer, Prescott Laterals, be awarded to Heldenfels Brothers, the low bidder, for $141,633.60. (See Bid Tabulation #15 in File). Motion by Bigler, seconded by Roberts and passed that the contract for construction of Brawner Parkway Connection to Carroll Lane be awarded to H. D. Zachry Construction Company for their low bid of $24,428.24. (See Bid Tabulation #16 in File). Motion by Maldonado, seconded by Culli and passed that Estimate No. 2 and Final on the Constructi of Rest Rooms at Evelyn Price and Ben Garza Parks be accepted and payment made to C. L. Castor Construction Co., Inc., in the amount of $1,620.15. Motion by Culli, seconded by Maldonado and passed that the contract for the Construction of Multiple Boat Ramps on the L -Head be awarded to the low bidder, Elmer C. Gardner, Inc., for their low bid of $16,500.00. (See Bid Tabulation #17 in File). Motion by Roberts, seconded by Maldonado and passed that the award of bid on Parking Meters be awarded as follows: To Mico -Meter Sales Co. for 118 Double Parking Meters for their net bid of $7,315.69, after allowance of $2,919.31 for trade-in meters; to Dual Parking Meter Co. for 270 Single Parking Meters for their net bid of $12,960.00, after allowance of $2,700.00 for trade-in meters. Payment for these meters will be made from the receipts of the meters at the rates of $2.00 per single meter and $4.00 per double meter per month. (See Bid Tabulation #18 in File). Motion by Culli, seconded by Bigler and passed that the recommendation for installing 49 - 15,000 Lumen Mercury Vapor Lamps on Ayers Street from Six Points to Port Avenue be approved. Motion by Culli, seconded by Maldonado and passed that the proposal for the installation of resi- dential street lights in twenty-three areas throughout the City be approved as follows: Santa Fe Street at - Dolphin, Williamson, Bermuda, Santa Monica, Pasadena, Peerman, Catalina,.Grant and Mitchell Streets; Glen Royal Subdivision; Villa Gardens Subdivision; Saxet Heights No.2; Westland Subdivision; McBride Lane at - Eden Land, Center Lane, Erin Drive, Dolan Lane, Up River Road, Leopard Street, Agnes Street, Hampshire and Hall; Ebony Acres; Dolan Lane at Lantana; Molina Addition; La Pascua Addition; Washington Addition; Laguna Acres; Nan Jean Park; South Park Addition; Lexington Estates; Savage Lane Area; Horne Road at Rabbit Run Road; John Jones Addition 1, 2 and 3; Midway Addition; Prescott Park; Inwood Village; Gollihar Park No. 2 and Greenwood Park. Motion by Culli, seconded by Roberts and passed that the request of La Gloria Oil and Gas Company to exchange spaces at Cuddihy Field in Hangar #653 with Snyder Flying Service be approved. Motion by Maldonado, seconded by Culli and passed that a vehicle be purchased to replace Patrol Car #30, Police Department, which was totally damaged in a collision, such purchase to be made from Ed Hoffman Motors Co. at the low bid price of $1,670.80. Motion by Bigler, seconded by Roberts and passed that the recommendation to purchase a new auto- mobile for the Building Inspection Division, transferring from the Building Inspection Division a Dodge Truck to replace a Pick-up Truck in the Fire Department which was damaged beyond economical repair in a collision, be approved. City Manager McClure presented a request for postponement of a Public Hearing set for February 5, 1957, on the zoning application of Mrs. Mac W. Williams, et al, to be reset for April 10, 1957. ORDINANCE NO. 4733 AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH BUCCANEER DAYS COMMISSION COVERING THE PERIOD OF FIVE (5) YEARS FOR THE USE OF CERTAIN POR- TIONS OF CITY PROPERTY LOCATED NEAR THE MUNICIPAL COLISEUM, AND AGREEING TO ENLARGE THE PARKING LOT LOCATED IN MCCAUGHAN PARK FOR A DISTANCE OF APPROXIMATELY 120 FEET TO THE SOUTH OF THE PRESENT PARKING LOT, FOR A CONSIDERATION OF $1,000.00 PAYABLE AT THE TIME OF THE EXECUTION OF THIS LEASE, AND THE SUM OF $1,000.00 PER ANNUM PAYABLE ON OR BEFORE THE ANNIVERSARY DATE OF SUCH LEASE, THE USE OF SAID GROUND NOT TO EXCEED EIGHT (8) DAYS DURING ANY CALENDAR YEAR OF THE LEASE TERM HEREOF, SAID ANNUAL PAYMENT OF $1,000.00 TO BE CONTINUED UNTIL A TOTAL OF $3,000.00 HAS BEEN PAID TO THE CITY OF CORPUS CHRISTI; PLEDGING THE CONSTRUCTION OF SAID ADDI- TION TO SAID PARKING LOT AT THE EXPENSE OF THE CITY WITH SAID IMPROVEMENT TO BE COMPLETED PRIOR TO APRIL 15, 1957; AUTHORIZING THE IMPROVEMENT OF A PARKING AREA IN MCCAUGHAN PARK ADJACENT TO AND SOUTH OF THE PRESENT PARKING LOT WITH CITY FORCES, ACCORDING TO PLANS AND SPECIFICATIONS APPROVED BY THE DIRECTOR OF PUBLIC WORKS; APPROPRIATING AND REAPPROPRIATING THE SUM OF $6,000.00 FROM THE EMERGENCY AND NON-REUCRRING APPROPRIATION OF THE NO. 102 CURRENT FUND; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye Minor Culli Aye B. E. Bigler Aye Manuel P.'Maldonado Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye W. J. Roberts Aye Minor Culli Aye B. E. Bigler Aye Manuel P. Maldonado Aye ORDINANCE NO. 4734 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO ACQUIRE'THE PORTIONS OR PARCELS OF LAND NEEDED FOR USE BY THE CITY AS A PART OF ITS PROPOSED NEW MUNICIPAL AIRPORT SITE LOCATED BETWEEN THE CITY OF CORPUS CHRISTI AND CLARKWOOD AND SOUTH OF U. S. HIGHWAY 44, INCLUDING THE EXECUTION OF PURCHASE CONTRACTS; APPROPRIATING THE SUM OF $70,000.00 OUT OF NO. 245 AIRPORT BOND IMPROVEMENT FUND (PROJECT 10-56-2 LAND) FOR USE AS FUNDS TO BE DEPOSITED IN ESCROW AS EARNEST MONEY ON SAID LAND PURCHASE CONTRACTS; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye Minor Culli Aye B. E. Bigler Aye Manuel P. Maldonado Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye W. J. Roberts Aye Minor Culli Aye B. E. Bigler Aye Manuel P. Maldonado Aye ORDINANCE NO. 4735 AUTHORIZING AND DIRECTING THE CITY MANAGER TO ACQUIRE 1418.5 ACRES OF LAND FROM THE FOLLOWING: EDWIN FLATO, GUARANTY TITLE & TRUST COMPANY, ET AL, FRED FLATO AND ROBERT FLATO, 70 ACRES; GUARANTY TITLE AND TRUST CO., ET AL, 313 ACRES; A. J. HOELSCHER, 213 ACRES; F. B. SECHRIST, 470 ACRES; AND RAND MORGAN, 352.5 ACRES, AND TO EXECUTE FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI A CONTRACT TO PURCHASE WITH EACH OF SAID LAND OWNERS FOR THE RESPECTIVE PORTION OF SAID LAND DESCRIBED IN SAID OPTION AGREEMENTS, WITH THE RIGHT IN THE CITY TO DETERMINE BY SURVEY THE EXACT AREA NECESSARY AND PROPER FOR USE AS A PART OF THE NEW MUNICI- PAL AIRPORT SITE, A SUBSTANTIAL COPY OF SUCH FORM OF PURCHASE CONTRACT BEING ATTACHED HERETO AND MADE A PART HEREOF; APPROPRIATING THE SUM OF $1,402,656.75 OUT OF NO. 245 AIRPORT BOND IMPROVEMENT FUND, BEING THE BALANCE OF THE CONTEMPLATED PURCHASE PRICE OF -SAID RESPECTIVE TRACTS OF LAND; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye Minor Culli Aye B. E. Bigler Aye Manuel P. Maldonado Aye The above ordinance was passed by the following vote: Farrell D.. Smith Aye W. J. Roberts Aye Minor Culli Aye B. E. Bigler Aye Manuel P. Maldonado Aye ORDINANCE NO. 4736 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO ACQUIRE THE PORTIONS OR PARCELS OF LAND NEEDED FOR USE BY THE CITY AS A PART OF THE AGNES-LAREDO STREET IMPROVE- MENTS, INCLUDING THE EXECUTION OF PURCHASE CONTRACTS; APPROPRIATING THE SUM OF $254,426.00 OUT OF N0. 220 STREET BOND IMPROVEMENT FUND FOR USE AS FUNDS FOR SAID.LAND PURCHASES; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye 199 The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye W. J. Roberts Aye Minor Culli Aye B. E. Bigler Aye Manuel P. Maldonado Aye ORDINANCE NO. 4737 RECEIVING AND ACCEPTING THE WORK OF CONSTRUCTION OF REST ROOMS AT THE EVELYN PRICE AND BEN GARZA PARKS IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, PERFORMED BY C. L. CASTOR CONSTRUCTION COMPANY, INC., UNDER THEIR CONTRACT WITH THE CITY DATED OCTOBER 17, 1956, AS AUTHORIZED BY ORDINANCE NO. 4652; AUTHORIZING FINAL PAYMENT OF $1,620.15 FROM MONIES PREVIOUSLY APPROPRIATED FOR PARK DEVELOPMENT ACCOUNT WITHIN THE GENERAL FUND OF THE CURRENT BUDGET, IN ACCORDANCE WITH THE FINAL ESTIMATE PREPARED BY THE DIRECTOR OF PUBLIC WORKS, DATED JANUARY 23, 1957, A COPY OF WHICH ESTIMATE IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye Minor Culli Aye B. E. Bigler Aye Manuel P. Maldonado Aye The above ordinance was passed by the following vote: Farrell D. Smith Aye W. J. Roberts Aye Minor Culli Aye B. E. Bigler Aye Manuel P. Maldonado Aye ORDINANCE NO. 4738 AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE A CONTRACT WITH ELMER C. GARDNER FOR CONSTRUCTION OF MULTIPLE BOAT RAMPS AT THE L -HEAD IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, AS MORE FULLY DESCRIBED IN THE PLANS, SPECIFICATIONS AND CON- TRACT DOCUMENTS, MADE A PART HEREOF BY REFERENCE; APPROPRIATING AND REAPPRO- PRIATING THE SUM OF $16,500.00 FROM THE GENERAL FUND BUDGET, YACHT BASIN IMPROVEMENTS FOR SAID CONSTRUCTION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye Minor Culli Aye B. E. Bigler Aye Manuel P. Maldonado Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye W. J. Roberts Aye Minor Culli Aye B. E. Bigler Aye Manuel P. Maldonado Aye ORDINANCE N0. 4739 AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE A CONTRACT WITH HELDENFELS BROTHERS FOR CONSTRUC- TION OY.THE PROCTOR-BRAWNER SYSTEM, PRESCOTT STORM SEWER LATERALS, PROJECT NO. 3-53-1.9, AS MORE FULLY DESCRIBED IN THE PLANS, SPECIFICATIONS AND CON- TRACT DOCUMENTS, MADE A PART HEREOF BY REFERENCE; APPROPRIATING THE SUM OF $148,715.00 FROM NO. 295 STORM SEWER BOND IMPROVEMENT FUND, OF WHICH $141,633.60 IS FOR THE CONSTRUCTION CONTRACT AND $7,081.40 IS FOR CONTIN- GENCIES; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye Minor Culli Aye B. E. Bigler Aye Manuel P. Maldonado Aye The foregoing ordinance was passed by the following vote: i Farrell D. Smith Aye W. J. Roberts Aye Minor Culli Aye B. E. Bigler Aye Manuel P. Maldonado Aye owl ORDINANCE N0. 4740 AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE A CONTRACT WITH H. D. ZACHRY CONSTRUCTION COMPANY FOR CONSTRUCTION OF THE BRAWNER PARKWAY CONNECTION TO CARROLL LANE, AS MORE FULLY DESCRIBED IN THE PLANS, SPECIFICATIONS AND CONTRACT DOCUMENTS, MADE A PART HEREOF BY REFERENCE; APPROPRIATING THE SUM OF $26,428.24 FROM N0. 102 CURRENT FUND FOR CONSTRUCTION COSTS, OF WHICH $24,428.24 IS FOR THE CONTRACT AND $2,000.00 IS FOR ENGINEERING AND CONTINGENCIES, THE SUM OF $7,180.00, BEING THE PROCEEDS FROM THE SALE OF THE IMPROVED LAND, TO BE REIMBURSED THE CITY BY THE CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT AND DEPOSITED TO THE CURRENT FUND; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye Minor Culli Aye B. E. Bigler Aye Manuel P. Maldonado Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye W. J. -Roberts 'Aye Minor Culli Aye B. E. Bigler Aye Manuel P. Maldonado Aye ORDINANCE NO. 4741 AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO'EXECUTE A RELEASE,OF'SPECIAL ASSESSMENT.IN THE AMOUNT OF $72.00 AGAINST -THAT CERTAIN PROPERTY FRONTING 50 FEET ON THE WEST SIDE OF BALDWIN BOULEVARD, DESCRIBED AS BEING LOT 4, BLOCK 4, BALDWIN PARK, AN ADDI- TION TO THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, AS SHOWN BY MAP OR PLAT THEREOF OF RECORD IN THE OFFICE OF THE COUNTY CLERK OF NUECES COUNTY, TEXAS, AND THE OWNER THEREOF, H. C. THOMPSON, FOR AND IN CONSIDERATION OF THE PAYMENT OF SUCH ASSESSMENT, A COPY OF WHICH RELEASE IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye Minor Culli Aye B. E. Bigler Aye Manuel P. Maldonado Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye W. J. Roberts Aye Minor Culli Aye B. E. Bigler Aye Manuel P. Maldonado Aye ORDINANCE NO. 4742 MAKING IT AN OFFENSE FOR ANY SUSPICIOUS PERSON TO LOITER AT, ON, OR WITHIN 250 FEET OF ANY SCHOOL GROUNDS, PUBLIC OR PRIVATE, DURING THE HOURS WHILE SUCH SCHOOL IS IN SESSION; MAKING IT UNLAWFUL FOR ANY SUSPICIOUS.PERSON TO LOITER IN ANY BAR ROOM, GAMBLING HOUSE, POOL ROOM, HOUSE OF ILL FAME, DANCE HALL, NIGHT CLUB OR HOUSE OF PROSTITUTION; MAKING IT UNLAWFUL FOR ANY SUS- PICIOUS PERSON TO WANDER ABOUT THE STREETS OR UPON ANY STREET WITHOUT BEING ABLE TO GIVE A REASONABLE AND SATISFACTORY ACCOUNT OF HIMSELF; MAKING IT UNLAWFUL FOR ANY SUSPICIOUS PERSON TO LOITER ON THE GROUNDS OF ANY PUBLIC BUILDING OR IN OR ABOUT ANY PUBLIC BUILDING; MAKING IT AN OFFENSE FOR ANY SUSPICIOUS PERSON TO LOITER ON THE GROUNDS OF ANY PARK BETWEEN THE HOURS OF 11:00 W CLOCK P.M. AND 6:00 O'CLOCK A. M.; DEFINING THE TERM "SUSPICIOUS PERSONS"; PRESCRIBING PENALTIES; CONTAINING A SEVERABILITY CLAUSE; PROVID- ING FOR PUBLICATION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye Minor Culli Aye B. E. Bigler Aye Manuel P. Maldonado Aye The foregoing ordinance was passed by the following vote:. Farrell D. Smith Aye W. J. Roberts Aye Minor Culli Aye B. E. Bigler Aye Manuel P. Maldonado Aye 201 FIRST READING OF AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A LEASE AGREE- MENT WITH THE OSO LITTLE LEAGUE, LEASING TO THE SAID OSO LITTLE LEAGUE A FIVE ACRE TRACT OF LAND IN SOUTH GUTH PARK FOR THE PURPOSE OF ESTABLISHING AND MAINTAINING A RECREATIONAL AREA, A COPY OF WHICH AGREEMENT IS ATTACHED HERETO AND MADE A PART HEREOF. That the foregoing ordinance was read for the first time and passed to its second reading on this the 30th day of January, 1957, by the following vote: Farrell D. Smith Aye Minor Culli Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye ORDINANCE N0. 4743 AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, A SPECIAL WARRANTY DEED TO THE EDWIN CORPORATION IN LIEU OF A SPECIAL WARRANTY DEED HERETOFORE AUTHORIZED TO BE EXECUTED AND DELIVERED TO SOPHIE KENDALL AND HUSBAND RICHARD KENDALL, OF A TRACT OF LAND THE WIDTH OF LOT 6, IN WATER BLOCK 4 OF THE BEACH PORTION OF THE CITY OF CORPUS CHRISTI, AND EXTENDING 30' EASTWARD FROM THE EAST LINE OF SAID LOT 6, WATER BLOCK 4; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye Minor Culli Aye B. E. Bigler Aye Manuel P. Maldonado Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye W. J. Roberts Aye Minor Culli Aye B. E. Bigler Aye Manuel P. Maldonado Aye ORDINANCE NO. 4744 AUTHORIZING AND DIRECTING THE CITY MANAGER TO ACQUIRE ADDITIONAL RIGHT OF WAY OF APPROXIMATELY 559 SQUARE FEET FOR THE WIDENING AND IMPROVING OF MESQUITE STREET AT THE INTERSECTION OF SCHATZEL STREET AND EXTENDING THERE- FROM IN A SOUTHWARD DIRECTION AND TO EXECUTE SUCH CONTRACTS, AGREEMENTS AND INSTRUMENTS AS MAY BE NECESSARY TO CARRY OUT SUCH ACQUISITION; APPROPRIATING AND REAPPROPRIATING THE SUM OF $6,400.00 BY USE OF THE FOLLOWING HERETOFORE APPROPRIATED FUNDS; $2,600.00 APPROPRIATED IN THE CURRENT BUDGET FOR MESQUITE STREET WIDENING AS ONE OF THE ITEMS OF PERMANENT IMPROVEMENTS LISTED IN THE CURRENT BUDGET, AND $3,800.00 BY TRANSFER OF SUCH AMOUNT FROM THE UNUSED BALANCE OF THE PERMANENT IMPROVEMENT ITEM OF MEMORIAL HOSPITAL OPERATION ROOM CONSTRUCTION TO THE PURPOSE OF MESQUITE STREET WIDENING PROJECT; DIRECT- ING THAT THE CURBS, GUTTERS, SIDEWALKS, STORM SEWER FACILITIES AND PAVEMENT IMPROVEMENTS CONTEMPLATED IN SAID PROJECT, AT AN ESTIMATED COST OF $1,500.00, BE PERFORMED BY CITY FORCES UNDER THE SUPERVISION OF THE DEPARTMENT OF PUBLIC WORKS; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye Minor Culli Aye B. E. Bigler Aye Manuel P. Maldonado Aye The above ordinance was passed by the following vote: Farrell D. Smith Aye W. J. Roberts Aye Minor Culli Aye B. E. Bigler Aye Manuel P., Maldonado Aye ORDINANCE NO. 4745 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO CONVEY TO THE TEXAS NATIONAL GUARD ARMORY BOARD FIVE (5) ACRES OF LAND BY TWO SPECIAL WARRANTY DEEDS, THE FIRST OF WHICH SHALL BE THE TWO ACRES OF LAND, A COPY OF WHICH DEED IS ATTACHED HERETO AND MADE A PART HEREOF, AND THE SECOND OF WHICH DEEDS -SHALL BE IN THE SAME GENERAL FORM AS THE COPY ATTACHED HERETO AND TO COVER THE ADDITIONAL LAND TO COMPRISE A TOTAL OF FIVE (5) ACRES TO BE INCLUDED WITHIN THE TWO CONVEYANCES; STIPULATING THE CONDITION UPON WHICH THE SECOND DEED SHALL BE DELIVERED; AND DECLARING AN EMERGENCY. 202 The Charter Rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye Minor Culli Aye B. E. Bigler Aye Manuel P. Maldonado Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye W, J. Roberts Aye Minor Culli Aye B. E. Bigler Aye Manuel P. Maldonado Aye ORDINANCE NO. 4746 AUTHORIZING AND DIRECTING THE CITY MANAGER OF THE CITY OF CORPUS CHRISTI, FOR AND ON BEHALF OF SAID CITY, TO ENTER TNTO AN AGREEMENT WITH THE STATE DEPARTMENT OF PUBLIC WELFARE RELATIVE TO FEDERAL OLD -AGE AND SURVIVORS INSURANCE BENEFITS UNDER THE PROVISIONS OF APPLICABLE STATE AND FEDERAL LAWS, EXCEPT THOSE EMPLOYEES ELIGIBLE FOR PARTICIPATION IN THE TEXAS MUNICIPAL RETIREMENT SYSTEM AND THE FIREMEN'S RELIEF AND RETIREMENT SYS- TEM; AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE ALL NECESSARY AGREEMENTS AND INSTRUMENTS FOR AND ON BEHALF OF SAID CITY OF CORPUS CHRISTI; DIRECTING THE DIRECTOR OF FINANCE TO MAKE ASSESSMENTS, COLLECTIONS, AND REPORTS; AND ORDERING THE ALLOCATION AND SETTING ASIDE OF SUFFICIENT MONEY FROM AVAILABLE FUNDS TO CARRY OUT THE PROVISIONS OF SAID LAWS, SUCH MONEY TO BE SET ASIDE AND MAINTAINED IN THE REGULAR CITY DEPOSITORY AND TO BE KNOWN AS THE CITY OF CORPUS CHRISTI SOCIAL SECURITY FUND; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye Minor Culli Nay B. E. Bigler Nay Manuel P. Maldonado Aye The above ordinance was passed by the following vote: Farrell D. Smith Aye W. J. Roberts Aye Minor Culli Nay B. E. Bigler Nay Manuel P. Maldonado Aye Motion by Culli, seconded by Roberts and passed that the following recommendation be accepted: 1. Mr. Benefield has offered to settle the action pending in the District Court concerning the paving assessment on his property on the following basis: (1) All;:of the assessments for driveways, sidewalks, curbs, gutters and paving on Everhart Street in the total amount of $1,127.80. (2) Driveway assessments only upon the Gollihar Street frontage in the amount of $351.60 or 600 per sq. ft. for driveways constructed. (3) Driveway assessments on the Staples Street frontage in the amount of $135.00. (4) Assessment for curbs, gutters and paving on Staples Street in the amount of $1,182.76. (5) Benefield to deed to the City the South 21 feet of a triangular block. (6) The City to allow such driveways to be constructed on Gollihar Road side of the Benefield property as are approved by the Director of Public Works and the Director of Traffic Engineering. (7) Benefield to execute a mechanics lien agreement for the improve- ments in accordance with the above items. Mayor Smith announced the termination of previous appointments to the Civil Defense Council and announced the newly appointed members, those being: Sherman Strong, Vice Director; James P. Kenny; Cmdr. C.H. Sigley, USN; Earl C. Dunn, Director; Capt. Herbert Weeks; Dr. Paul M. Gray; Mrs. Diana Kurzner; George W. Gilliam and Mrs. Louise Roberts and Dr. R. L. Williams. Mayor Smith stated that there is a possibility that this might subsequently be expanded into a City -County Civil Defense Council. The official duty of the Council is to prepare for such things as relate to civil defense as would normally come within it. The terms of membership are for an indefinite period. Motion by Roberts, seconded by Bigler and passed that the recommendation of the Technical Committee relative to the enlargement of Harrington & Cortelyou Engineering Contract to include the engineering services required for the highway and rail connections to the South approach and extending over to the Tex-Mex Railroad and Highway 44, be approved. There being no further business to come before the Council, the meeting was adjourned. SPECIAL COUNCIL MEETING February 5, 1957 2:00 p. m. "PRESENT: Mayor Farrell D. Smith Commissioners: W. J. Roberts City Manager Russell E. McClure B. E. Bigler City Attorney I. M. Singer Manuel P. Maldonado Acting City Secretary Doris Francis' Mayor Farrell D. Smith called the meeting to order. Motion by Roberts, seconded by Bigler and passed that Doris Francis be appointed Acting City Secretary in the absence of T. Ray Kring, City Secretary. City Attorney I. M. Singer called the roll of those in attendance. Motion by Maldonado, seconded by Roberts and passed that the absence'of Commissioner Culli be excused. 203 Mayor Smith announced the purpose of the special meeting was a public hearing, the first case being the application of The Alanos'Club, Inc. for a Special Council Permit for a Private Club on Lots 18, 19, 20, 21, 22 and east I of Lot 23, Block C, Bonita Addition, being generally that property at the south corner of 18th and Fig Streets. Mayor Smith reviewed the background of the application and the recommendation of the Zoning and Planning Commission that it be approved on the basis of the applicants' site plan providing the parking area was paved and a planting screen installed along the two inside property lines, and with a definite limitation on the use of the property for Alcoholics Anonymous activities only. Mr. C. P. Kibby, President of the Alanos Club, appeared in behalf of the application and answered questions of the Council as to the manner in which the Club operates for the benefit of its members, the building they propose to purchase from Humble Oil Company's Flour Bluff Camp and move to the site, and the 24-hour help they give each other. No one appeared in objection to this application. Motion by Roberts, seconded'by Maldonado and passed that the hearing be closed and the applicat be granted in accordance with the recommendation of the Zoning and Planning Commission, with the added provision that the appearance of the building and lot be presentable on both street sides. Mayor Smith announced the next case was'the application'of Wanliss'T. Armstrong, Howard T. Grunwald and Lane Varney for a change of zoning from "A-1" First Apartment District to "B-1" Neighborhood Business District on Lot 17, Block 20, Lot 14, Block 22, and Lot 1, Block 25, Windsor Park, Unit #4, being that property located on three of the corners at the intersection of South Staples and Collingswood, and reviewed the background of the application and the recommendation of the Zoning & Planning Commission that the application be denied on the basis that no public necessity could be shown for this change, that it did not ',conform to the land use plan for the area, and that its granting would constitute spot zoning and be contrary to the deed restrictions covering the properties No one appeared either for or against the application. Motion by Bigler, seconded by Roberts and passed that the hearing be closed and the application be denied in accordance with the recommendation of the Zoning & Planning Commission. Next was the application of Huddleston Enterprises for a change of zoning from "R-1" One -Family Dwelling District to "A-1" First Apartment House District on Lots 1 through 11, Block 4, Parkdale Village, being all of those lots fronting on the west side of the 4600 block of Parkdale Drive and Gollihar Road. Mayor Smith reviewed the background of the application and the recommendation of the Zoning & Planning Commission that it be approved as being in conformance with the overall plan for Parkdale and on the basis 11 that it represented a logical buffer and transition zone between the shopping center and the single-family area. 11 204 It was decided to consider the foregoing application and the next application at the same time since they both involved Parkdale Developers, Inc. for a change of zoning from ;'R-1" One -Family Dwelling District to "A-1" First Apartment House District on Lots 13 through 22, Block 9, and Lots 1 through 6, Block 12, Parkdale Village, Unit #2, being that property located on the west side of Gollihar Road in the 4500 block. The background of this application was also reviewed and the recommendation of the Zoning & Planning Commission that it be approved as a logical extension of the pattern established in Parkdale Village, Unit 1, as being in conformance with the overall plan for Parkdale and on the basis that it represented a logical buffer and transition zone between the shopping center and the single-family area. Mr. Richard Armstrong,'Vice-President of Parkdale Developers, Inc., and Mr. Ted Anderson repres ed the applicants and explained the matter of the faulty deed restrictions and the settlement and correction by subsequent court action, and reviewed the applicants' plan for development of Parkdale residential and business areas. They further pointed out that the subdivision deed restrictions provide for multi -family units on the sub- ject lots. Mr. & Mrs. R. L. Wynn, 4546 Adkins, and Mr. Samuel D'Angelo, 4550 Adkins, appeared in opposition to the applications on the basis that the wide 2 -lane street with an esplanade back of the shopping center was a good border line between the residential lots, that they did not want apartment houses backing up to their residen- ces, and that any type of multiple dwelling units would devaluate their property. They further stated that their builder had told them at the time they bought the properties that the vacant lots would be developed as one -family residences. under advisement. Motion by Roberts, seconded by Bigler and passed that the hearing be closed and the matter taken There being no further business to come before the Council, the special meeting was adjourned. REGULAR COUNCIL MEETING February 6, 1957 2:00 p. m. PRESENT: -tip Mayor Farrell D. Smith Commissioners: W. J. Roberts City Manager Russell E. McClure B. E. Bigler City Attorney I. M. Singer Manuel P. Maldonado Acting City Secretary Doris Francis .Mayor Farrell D. Smith called the meeting to order..._ The Invocation was given by Reverend Paul Okros, of St. Joseph's Catholic Church. Motion by Roberts, seconded by Maldonado and passed that Doris Francis be appointed Acting City. Secretary in the absence of T. Ray Kring, City Secretary. excused. The Acting City Secretary called the roll of those in attendance. Motion by Maldonado, seconded by Roberts and passed that the absence of Commissioner Culli be Motion by Roberts, seconded by Bigler and passed that the Minutes of the Regular meeting of January 30th be approved. Mayor Smith awarded a certificate for 20 -years' service to the Fire Chief John Carlisle, him on his service to the City and gave the audience brief personal data about Chief Carlisle. Mr. A. A. Lichtenstein, Chairman of the Interim Urban Renewal Commission, read the Commission's Report to the City Council of their study and recommendations of a proposed new Housing Standards Code for the City of Corpus Christi, and presented a resolution, passed by the Commission, urging the City Council to make an exhaust- ive restudy of the City's Plumbing Ordinance and Electrical Code in order to ascertain whether or not their provi- sions can be tempered by providing for non -conflicting minimum standards for successful and equitable and enforce- ment of the proposed Housing Standards Code and at the same time encourage the building of homes with the minimum essentials for a standard, decent, safe and sanitary living condition within the scope of the proposed Housing Standards Code. There followed a lengthy discussion of opinions and questions and answers from Mr. Lichtenstein, 205 in which the following spoke .in favor of the proposed Housing Standards Code; Roy,Gatling; Leland Ross, Executive Vice President of the Home Builders Association, who read a resolution of his Association endorsing the proposed ordinance; Jack Davis; and J. E. Hartle, former member of the Sanitation Commission; and the following spoke in opposition to the proposed ordinance: A. H: Hurst; Joe Mireur,'former City Commissioner; A. J. Scholtes. Motion by Roberts, seconded by"Bigler and passed that the Report be received for study, and that the proposed ordinance be placed on the agenda for its first reading at next regular council meeting. Mayor Smith invited anyone in the audience with petitions or information for the Council on matte not scheduled on the agenda to come forward and be heard. Larry Allen asked for an answer to his petition presented last week in regard to putting the question on the April 2nd election ballot of "For the Dog Leash Law" or "Against the Dog Leash Law". Mayor Smith explained that the Council had not yet reached a decision as it was a matter for the full Council to decide, and that the only reason for submitting the matter to the electorate again would be if sufficient number of persons to have affected the outcome of the last election could state that they had voted on the issue in the last election, but that they had been confused by the wording. Ray Hostutler, 1000 York, stated that the last two great fires in the City were of unamerican origin, but that he predicted that unless an immediate investigation was made, the next fire would be followed by people trying to identify bodies in the morgue. He further stated that he would not have come to the meeting if he had not expected to be placed in a position to speak of his information. Mayor Smith told Mr. Hostutler that if he had definite knowledge of arson or unamerican activity, the Council, the Fire Chief and the Police Chief would be happy, to have such information, but that he should imme- diately go to the F. B. I. Agent in this City with his information, and asked Mr. Hostutler if he would do so right away. Mr. Hostutler answered, "No sir, I am sharing that responsibility,with you gentlemen." Mayor Smith directed the City Manager to immediately relate the foregoing information to the F. B. I. Agent. Mayor Smith announced the Council would next hear the City Manager's Reports. Motion by Bigler, seconded by Roberts and passed that the recommendation of the Traffic Safety Advisory Board be accepted, and Clifford Street be restored to 2 -way traffic between Alameda and Staples, with the elimination of parking on the south side of Clifford. Motion by Bigler, seconded by Maldonado and passed that the Report of the Freeway Committee and Map be approved for submission for study to the State Highway Department and simultaneously to the Area Development Committee, that after such approval of the State Highway Department a public hearing be held on the matter, and that the City also request the State Highway Department at the same time to designate the Agnes -Laredo one-way system as a business route and participate in the construction of the present improvement project and the further improvement of this facility. Mr. Fagan Mason, Expressway Engineer of the State Highway Department, stated that submitting the map to the State Highway Department for study is proper at this time, and that the holding of a public hearing after the State and the City have agreed on the proper routes is now required, andthatas soon as the State and the City can indicate to each other that they are in accord, his office can proceed with the advance planning which is necessary before they can make any move toward buying right-of-way or planning construction. He further wished to commend the City's Engineers and Directors for their time and study in doing a good and conscientious job in this matter. SECOND READING OF AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A LEASE AGREEMENT WITH THE OSO LITTLE LEAGUE, LEASING TO THE SAID OSO LITTLE LEAGUE A FIVE ACRE TRACT OF LAND IN SOUTH GUTH PARK FOR THE PURPOSE OF ESTABLISHING AND MAINTAINING A RECREATIONAL AREA, A COPY OF WHICH AGREEMENT IS ATTACHED HERETO AND MADE A PART HEREOF. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Farrell D Smith Ay e Minor Culli Absent W. J. Roberts Aye B. E. Bigler Aye los FIRST READING OF AN ORDINANCE CREATING AND ESTABLISHING FIRST AND SECOND FIRE DISTRICT AREAS WITHIN THE CITY AND ADOPTING AN OFFICIAL FIRE DISTRICT MAP THEREBY INITIATING MORE STRINGENT CONSTRUCTION STANDARDS IN THOSE AREAS; RE- PEALING ALL ORDINANCES AND PARTS OF ORDINANCES AND MAPS PREVIOUSLY DESIGNATING FIRE DISTRICTS; SPECIFICALLY REPEALING ORDINANCE NO. 1121 AND ORDINANCE NO. 4567; CONTAINING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF'NOT'LESS-THAN- FIVE (5) DOLLARS NOR WRE THAN TWO HUNDKED•($200.00), DOLLARS FOR EACH OFFENSE; PROVIDING FOR.EFFECTIVE;DATE AND PUBLICATION.' The foregoing ordinance was read for the first time and passed to its second;:reading by the following vote: Farrell D. Smith Aye W. J. Roberts Aye Minor Culli Absent B. E. Bigler Aye Manuel P. Maldonado Aye ORDINANCE NO. 4747 SETTING UP, CREATING AND DIVIDING THE CITY OF CORPUS CHRISTI, TEXAS, INTO SIXTY- SIX (66) WARDS; DESCRIBING SAID WARDS; REPEALING ALL ORDINANCES AND PART OF ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. - The Charter Rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye Minor Culli Absent - B. E. Bigler Aye Manuel P. Maldonado Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye W. J. Roberts Aye Minor Culli Absent B. E. Bigler Aye Manuel P. Maldonado Aye ORDINANCE NO. 4748 DIVIDING THE CITY OF CORPUS CHRISTI, TEXAS, INTO SIXTY-SIX (66) ELECTION PRECINCTS FOR AND IN WHICH ALL MUNICIPAL ELECTIONS SHALL HEREAFTER BE HELD IN AND FOR SAID CITY AND SAME SHALL BE KNOWN AS ELECTION PRECINCTS NUMBERS ONE (1), TWO (2), -THREE (3), FOUR (4), FIVE (5), SIX (6), SEVEN (7), EIGHT (8), SEVENTEEN (17), NINETEEN (19), TWENTY (20), TWENTY-ONE (21), TWENTY-FOUR (24), THIRTY (30), THIRTY-ONE (31), THIRTY-TWO (32), THIRTY-THREE (33), THIRTY-EIGHT (38), THIRTY-NINE (39), FORTY (40), FORTY-ONE (41), FORTY-TWO (42), FORTY-THREE (43), FORTY-FOUR (44), FORTY-FIVE (45), FORTY-SIX (46), FORTY-SEVEN (47), FORTY-EIGHT (48), FORTY-NINE (49), FIFTY (50), FIFTY-ONE (51), FIFTY-TWO (52), FIFTY-THREE (53), FIFTY-SIX (56), FIFTY-SEVEN (57), FIFTY-EIGHT (58), FIFTY-NINE (59), SIXTY_(60), SIXTY-ONE (61), SIXTY-TWO (62), SIXTY-THREE (63), SIXTY-FOUR (64), SIXTY-FIVE (65), SIXTY-SIX (66), SIXTY-SEVEN (67), SIXTY-EIGHT (68), SIXTY-NINE (69), SEVENTY (70), SEVENTY-ONE (71), SEVENTY- TWO (72), SEVENTY-THREE (73), SEVENTY-FOUR (74), SEVENTY-FIVE (75), SEVENTY-SIX (76), SEVENTY-SEVEN (77), SEVENTY-EIGHT (78), SEVENTY-NINE (79), EIGHTY (80), EIGHTY-ONE (81), EIGHTY-TWO (82), EIGHTY-THREE (83), EIGHTY-FOUR (84), EIGHTY- FIVE (85), EIGHTY-SIX (86), EIGHTY-SEVEN (87), EIGHTY-EIGHT (88); REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye W. J; Roberts Aye Minor Culli Absent B. E. Bigler Aye Manuel P. Maldonado Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye W. J. Roberts Aye Minor Culli Absent B. E. Bigler Aye Manuel P. Maldonado Aye ORDINANCE NO. 4749 AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE A RELEASE OF SPECIAL ASSESSMENT IN THE AMOUNT OF $787.25 AGAINST THAT CERTAIN PROPERTY FRONTING 167.5 FEET ON THE EAST SIDE OF SANTA FE STREET, DESCRIBED AS BEING LOTS ONE (1), TWO (2), AND NORTH ONE- HALF (N 'k) OF THREE (3), GULF BREEZE, AN ADDITION TO THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, AS SHOWN BY MAP OR PLAT THEREOF OF RECORD IN THE OFFICE OF THE COUNTY CLERK OF NUECES COUNTY, TEXAS, AND THE OWNER THEREOF R. S. COLLEY, FOR AND IN CONSIDERATION OF THE PAYMENT OF SUCH ASSESSMENT, A COPY OF WHICH RELEASE IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye Minor Culli Absent B. E. Bigler Aye Manuel P. Maldonado Ave I) The foregoing ordinance was passed by the following vote: Farrell D. Smith W. J. Roberts Minor Culli B. E. Bigler Manuel P.._ Maldonado Aye Aye Absent Aye Aye RESOLUTION NO. 4750 CONFIRMING THE.APPOINTMENT OF MARGERY BROWN AS COLISEUM AND EXPOSITION HALL MANAGER AND HEAD OF THE COLISEUM AND EXPOSITION HALL DIVISION OF THE DEPART- MENT OF PARKS AND RECREATION,•HERETOFORE_APPOINTED BY THE CITY MANAGER; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith W. J. Roberts Minor Culli B. E. Bigler Manuel P. Maldonado The foregoing resolution was passed by the following vote: Farrell D. Smith W. J. Roberts Minor Culli B. E. Bigler Manuel P. Maldonado PRESENT: Aye. Aye Absent Aye Aye Aye Aye Absent Aye Aye There being no further business to come before the Council, the meeting was adjourned. REGULAR COUNCIL MEETING February 13, 1957 2:00 p. m. Mayor Farrell D. Smith Commissioners: W. J. Roberts City Manager Russell E. McClure Minor Culli City Attorney I. M. Singer B. E. Bigler City Secretary T. Ray Kring Manuel P. Maldonado Mayor Farrell D. Smith called the meeting to order. The Invocation was given by Reverend I. E. Gonzales, of First Mexican.Baptist Church. City Secretary T. Ray Kring called the roll of those in attendance. Motion by Bigler, seconded by Roberts and passed that the Minutes of the Special Meeting of, February 5th and the Regular Meeting of February 6th.be approved. 0 20'7 Mayor Smith announced the next item as a pending matter before the Council as being the applica- tion on Cecil Burney and Frank Cech for a change of zoning on.the back half of two tracts of land near Westgate Heights Subdivision from "R-1" to "L -I", that the parties concerned had not been able to reconcile their differenc of opinion while the matter has been under advisement, and that the original recommendation of the Zoning & Plann- ing Commission was that the request be denied on the basis that no public necessity exists for the zoning change. Motion by Maldonado, seconded by Roberts and passed that the application be denied in accordance with the Zoning & Planning Commnisaion's=recommendation. Mayor Smith invited anyone in the audience with petitions or information for the Council on matters not scheduled on the agenda to come forward and be heard. Mr. Conway Craig, representing the Art Foundation, petitioned the Council to construct an extension to the South Bluff Centenial Museum of about 20 x 60 feet to be used as storage room and work room, and also to air condition the present museum so that it could be used the year around instead of having to be closed for three months of the year. He stated that bids they have received indicated ,that the extension would cost approximately $7,200.00, and the air conditioning cost between $2400.00 and $4300.00 depending on the type used. Mrs. Bess Greathouse, President of the Art Foundation, stated that the extra space was needed for the large art class that meets daily so that they may be able to permanently hang and view the'$6,000 picture collection which they have in the Museum proper. Mrs. E. J. Patterson, of the Corpus Christi Art Guild, Mrs. Lucie Locke, of South Texas Art League, and Mrs. N. G. Gunts, of the Art Foundation were also present in support of the request. 208 Motion by Culli, seconded by Maldonado and passed that the petition be accepted and taken under advisement. Mrs. Gordon E. Meyer, Corresponding Secretary of the City Council of Parents and Teachers, peti- tioned the Council to include in the 1957 budget a minimum amount of $1500.:00 for use of the Accident Prevention Bureau, to be earmarked for school safety patrol equipment and operation. She presented a letter addressed to Chatter Allen, Director of Safety of Corpus Christi Public Schools,.signed by Sgt. L. E. Melton, Director of School Safety Partol of the Accident Prevention Bureau, which gave information on the School Safety Patrols for the 1956-5 school year, and a tentative budget for the 1957-58 school year. Mrs. Meyer stated that anything for the safety of 28,000 children should be a part of the City budget and not have to be supplied by donations year by year. City Manager McClure pointed out that the usual relationship is that the School Board assumes the responsibility for the safety of the youngsters, and the City's responsibility usually ends with the vehicles, by marking the streets, providing Police personnel during 'school crossing hours, etc. Mayor Smith stated that he felt the matter is of such serious community nature and the result so necessary regardless of how it is accomplished, that the Council would like to study the matter further. advisement. Motion by Culli, seconded by Maldonado and passed that the petition be accepted and taken under Mrs. Gervaise Leathers presented a petition signed by members and friends of The Carver League, urging the passage of the Housing Standards Code as presented by the Interim Urban Renewal Commission.` Mayor Smith announced the Council would next hear the City Manager's Reports. Motion by Bigler, seconded by Roberts and passed that February 27, 1957, during the regular meeting at 2 p. m., be set for a public hearing on setting and establishing the set -back lines for Agnes and Laredo Streets, and that the City Secretary be directed to publish the proper notice of such hearing. Motion by Roberts, seconded by Bigler and passed that February 27, 1957, during the regular meeting at 2 p. m., be set for a public hearing on the application of The League of United Latin American Citizens for a Special Council Permit to sponsor the "Bill Hames Shows" on March 5th through March 10th on property located in the area between Lipan and 2425 Leopard Streets, and that the City Secretary be directed to publish the proper notice of such hearing. FIRST READING OF AN ORDINANCE DEFINING AND ESTABLISHING STANDARDS AND PROCEDURES FOR REGULATING AND CONTROLLING THE CONDITION AND MAINTENANCE OF ALL DWELLINGS, IN RENDERING THEM SAFE, SANITARY AND FIT FOR HUMAN HABITATION; PROVIDING FOR THE VACATION, REMOVAL, REPAIR OR DEMOLITION OF ANY BUILDING OR DWELLING WHICH IS OR THREATENS TO BE A PUBLIC NUISANCE OR DANGEROUS TO THE HEALTH, MORALS, SAFETY OR GENERAL WELFARE OF THE PEOPLE OF THE CITY OF CORPUS CHRISTI, TEXAS, OR WHICH MIGHT TEND TO CONSTITUTE A FIRE MENACE; ESTABLISHING A HOUSING STANDARDS COMMIS- SION AS A FIVE (5) MEMBER BODY; PROVIDING FOR INSPECTION AND ENFORCEMENT; PROVID- ING PENALTIES FOR VIOLATION OF ANY OF THE PROVISIONS THEREOF; REPEALING ORDINANCE NO. 2851 OF THE CITY OF CORPUS CHRISTI, TEXAS; CONTAINING A VALIDITY AND SEVERA- BILITY CLAUSE; PROVIDING FOR THE EFFECTIVE DATE AND PUBLICATION OF THIS ORDINANCE. Mayor Smith announced that this would be the first of three public hearings on the above matter as the Council realizes the import and impact of such a code on the entire City, and that passage of the ordinance on the first and second readings was intended only to move the matter along to eigher.its final passage, modification, amendment, or rejection, as the Council was desirous of getting the thinking and feeling of every citizen who wished to voice his opinion on the matter. Mr. Harvey J. Fry, 1229 Cambridge, was opposed to the ordinance on the basis that we already have sufficient laws to control and destroy nuisances, and he does not approveofFederal participation in local matters. Mr. Jack Blackmon, attorney, was opposed on the same basis, and also felt that too many decisions would be left to the opinion of an inspector.. Mr. Cuban F. Burbank, 1127 Ocean Drive, was opposed because the ordinance refers to all structures, and both new construction and old, and because it legislates as to exactly how everyone in the City must live. He further objected to the provision on administrative liability, and to the provision on penalties. He further felt that the administration of this ordinance would create quite an added expense to the City's budget. Mr. Don Smith, President of the Corpus Christi Real.Estate Board, presented a resolution of the 209 Board recommending the adoption of the proposed Housing Standards Code with the stipulation that any -re -habilita- tion work done under this Code be done by private enterprise. Mr. A. H. Hurst, in the business of real estate and loans, was opposed on the grounds that the proposed ordinance was unconstitutional in that it took away the rights of the individual, and that if the purpose of the proposed ordinance was for a slum clearance then it should not apply to the entire City, and was further opposed to any Federal participation in the matter. Paul Vogler opposed on the basis of the hardship on the little fellow. Mayor Smith pointed out the,.presently proposed slum clearance area on a map, and the present zoning for this area. Mr. A. J. Scholtes, 714 Ohio, stated his objections section by section of the proposed ordinance, and stated that he would provide the Council with his objections written in the margins. Philip Costanada objected particularly to Section 3-K on the basis that the various Codes listed could be amended again and again until the City could take a man's property without paying for it. John B. Russo, 1520 Seventh, objected -to the term "any structure", to the provision that the City can condemn any area in the City, to the fact that it is not clear as to who the inspectors will be, and to the floor space requirements. Cecil Burney, attorney, who was representing himself and 25 residents and property owners living or owning property in the 254 acres designated for Urban Re -development, presented written objections to the pro- posed ordinance. Leland Ross, Home Builder's Association, spoke in favor of .the proposed Code. William W. McClendon, President of the Corpus Christi Branch of the American Society of Civil Engineers, presented a letter stating the feeling of the Boards of Directors of the Nueces Chapter of the Texas Society of Professional Engineers and the ASCE that although they approve of the portions drafted by individual members of both Societies, they object to the ordinance as written, and offered to give more specific and detailed comments if so requested after a more thorough study. Mr. McClendon also presented a resolution signed by Vernon Smith, President of the Texas Coastal Bend Chapter of The American Institute of Architects, recommending adoption of the proposed ordinance. Mrs. Charles A. Gregg, 308 Katherine, owner of 2 rent houses, was in favor of the ordinance. Mrs. Fred Best, Mr. S. R. Jaramillo, 1515 Wynwood, and Raymundo Orapez, 1102 North Staples, all spoke in opposition on the basis of hardship imposed on the low income property owners or renters. Commissioner Bigler was excused at this time. Mr. Jack Davis urged that the ordinance be sent back to the Commission for re -study along with the information received at this hearing and the hearing of last week's meeting when it was first presented by the Commission to the Council, as he felt that with modification and changes all the objections could be worked out for the good of the whole City. Mr. A. A. Lichtenstein, Chairman of the Interim Urban Renewal Commission, stated that there had been 132 members of sub -committees who had worked many long hours on the Code, that know -objectors had been purpose ly appointed to the sub -committees so as to get all types of thinking on the matter, and that the Code and ordinanc as submitted had the unanimous approval of all of the 10 members of the Commission. He further stated that no objections had been raised at either of the last two Council meetings that had not already been studied and discuss ed and unanimously agreed upon by the Commission. He further stated that he hoped the Council would give the Commission an opportunity of rebuttal, if necessary at an all -day session, as evidence of the Council's good faith in appointing the Commission in the first place with the instructions to make this extensive study and recommend an encompassing ordinance. Everyone present wishing to speak having been heard, it was moved by Roberts, seconded by Ma and passed that the.hearing be closed. The members of the Council agreed that, in the interest of time, that the ordinance be voted on for the first reading with the understanding that it would be•revised in all likelihood prior to the -second and/or 210 third reading. Commissioner Culli stated that he would abstain from voting on the first reading since he has been absent from the City and was not sufficiently familiar with the proposed Code. FIRST READING OF AN ORDINANCE DEFINING AND ESTABLISHING STANDARDS AND PROCEDURES FOR REGULATING AND CONTROLLING THE CONDITION AND MAINTENANCE OF ALL DWELLINGS, -IN RENDERING THEM SAFE, SANITARY AND FIT FOR HUMAN HABITATION; PROVIDING FOR THE VACATION, REMOVAL, REPAIR OR DEMOLITION OF ANY BUILDING OR DWELLING WHICH IS OR THREATENS TO BE A PUBLIC NUISANCE OR DANGEROUS TO THE HEALTH, MORALS, SAFETY OR GENERAL WELFARE OF THE PEOPLE OF THE CITY OF CORPUS CHRISTI, TEXAS, OR WHICH MIGHT 'TM TO CONSTITUTE A FIRE MENACE; ESTABLISHING A HOUSING STANDARDS COMMISSION AS A FIVE (5) MEMBER BODY; PROVIDING FOR INSPECTION AND ENFORCEMENT; PROVID- ING PENALTIES FOR VIOLATION OF ANY OF THE PROVISIONS THEREOF; REPEALING ORDINANCE NO. 2851 OF THE CITY OF CORPUS CHRISTI, TEXAS; CONTAINING A VALIDITY AND SEVERABILITY CLAUSE; PROVIDING FOR THE EFFECTIVE DATE AND PUBLICATION OF THIS ORDINANCE. The foregoing ordinance was read for the first time and passed,to its second reading by the following vote: Farrell D. Smith Aye W. J. Roberts Aye Minor Culli Abstained B. E. Bigler Absent Manuel P. Maldonado Aye SECOND READING OF AN ORDINANCE CREATING AND ESTABLISHING FIRST AND SECOND FIRE DISTRICT AREAS WITHIN THE CITY AND ADOPTING AN OFFICIAL FIRE DISTRICT MAP THEREBY INITIATING MORE STRINGENT CONSTRUCTION STANDARDS IN THOSE AREAS; REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES AND MAPS PREVIOUSLY DESIG- NATING FIRE DISTRICTS; SPECIFICALLY REPEALING ORDINANCE NO. 1121 AND ORDI- NANCE NO. 4567; CONTAINING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF NOT LESS THAN FIVE ($5.00) DOLLARS NOR MORE THAN TWO HUNDRED ($200.00) DOLLARS FOR EACH OFFENSE; PROVIDING FOR EFFECTIVE DATE AND PUBLICATION. The foregoing ordinance was read for the seond time and passed to its third and final reading by the following vote: Farrell D. Smith Aye W. J. Roberts Aye Minor Culli Aye B. E. Bigler Absent Manuel P. Maldonado Aye ORDINANCE N0. 4751 AMENDING ORDINANCE NO. 2241 ENTITLED "AN ORDINANCE REGULATING TRAFFIC UPON THE PUBLIC STREETS, ALLEYS AND OTHER THOROUGHFARES IN THE CITY OF CORPUS CHRISTI, TEXAS, AND FIXING PENALTY FOR VIOLATIONS AND REPEALING ALL OTHER ORDINANCES AND SECTIONS OF ORDINANCES IN CONFLICT HEREWITH", AS AMENDED, BY AMENDING SECTION 141 (a) ENTITLED "ONE-WAY STREETS", BY DELETING CLIFFORD STREET BETWEEN ALAMEDA AND SOUTH STAPLES STREET AND RESTORING SAME TO TWO- WAY TRAFFIC BETWEEN ALAMEDA AND STAPLES STREET; BY AMENDING SECTION 143 ENTITLED "PARKING PROHIBITED AT ALL TIMES ON CERTAIN STREETS" SO AS TO INCLUDE CLIFFORD STREET ON THE SOUTH SIDE THEREOF BETWEEN ALAMEDA AND STAPLES STREET; CONTAINING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye Minor Culli Aye B. E. Bigler Absent Manuel P. Maldonado Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye W. J. Roberts Aye Minor Culli Aye B. E. Bigler Absent Manuel P. Maldonado Aye ORDINANCE N0. 4752 AMENDING ORDINANCE N0. 4695 ENTITLED "AN ORDINANCE REGULATING THE OPERATION OF THE CITY HUMANE DEPARTMENT; PROVIDING FOR THE LICENSING OF DOGS AND OTHER ANIMALS; PROVIDING REQUIREMENTS OF VETERINARIANS; PROVIDING PENALTIES; CONTAIN- ING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY", BY AMENDING SECTION 8 SO AS TO PROVIDE THAT ALL VETERINARIANS SHALL KEEP A DETAILED RECORD OF THE VACCINATIONS FOR RABIES OF CATS, DOGS AND OTHER ANIMALS, AND SHALL UPON REQUEST OF THE HUMANE OFFICER ANSWER AS TO WHETHER OR NOT A DOG, CAT OR OTHER SPECIFIC ANIMAL HAS BEEN VACCINATED WITHIN THE PAST TWELVE MONTHS; CONTAINING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by.the following vote: Farrell D. Smith Aye W. J. Roberts Aye Minor Culli Aye B. E. Bigler Absent Manuel P. Maldonado Aye 211 The foregoing ordinance was passed by the following vote: Farrell D. Smith W. J. Roberts Minor Culli B. E. Bigler Manuel P. Maldonado Aye Aye Aye Absent Aye Mayor Smith expressed the deep sorrow of the Council to Captain W. L. Baskett of the Police Division, and his family on the passing of his wonderful wife, Judy, as of yesterday. Members of the Council expressed concurrence in the sentiments of Mayor Smith. There being no further business to come before the Council, the meeting was adjourned. PRESENT: Mayor Farrell D: Smith Commissioners:' W. J. Roberts Minor Culli B. E. Bigler Manuel P. Maldonado REGULAR COUNCIL MEETING February 20, 1957 2:00 p; m. City Manager Russell E. McClure City Attorney I. M. Singer City Secretary T. Ray Kring Mayor Farrell D. Smith called the meeting to order. The Invocation was given by Reverend Charles J. Aubry, of Holy Cross Catholic Church. City Secretary Kring called the roll of those in attendance. Motion by Roberts, seconded by Bigler and passed that the Minutes of the regular meeting of February 13th be approved. Mayor Smith invited anyone in the audience with petitions or information for the Council on matters not scheduled on the agenda to come forward and be heard. Mr. A. A. Lichtenstein stated that he noticed with regret that the ordinance with reference to t Housing Standards Code was not on the agenda. He quoted from an interchange of letters between himself and the Council to bear out his statement that the Commission on Interim Urban Renewal had been appointed by the Council with broad powers to make the necessary studies and hold the hearings to make a revision of the City's Building Standards Ordinance to expand it into a complete Housing Code in order that it might be enacted into law at a very early date; that the Commission had every reason to believe the Council wished the work completed without delay in accordance with its declaration of intent which relates to the filing of a Workable Program; that he would not have devoted the time and energy necessary to the successful conclusion of the project unless he could assume from the inception that the Commission's advisory services would be channeled into final official acceptance; that the Counci had been informed of progress along the way and requested to keep themselves informed and to make their thinking known on the subject at the beginning of deliberations so that the Commission would not be disappointedly frustrated to have the Council's objections pointed out afterwards; and that his purpose in making these statements was to clea the record as to the position of the Commission because the Commission was being embarrassed by the implication that it was trying to foist this Code onto the Council and push it through before anybody could voice their thinking or objections to it. He further stated for the record that he personnally did not care whether or not the Code was adopted into law, but that he hoped there would be a prompt and continued reading of the ordinance to accomplish the purposes that the Council had prescribed in their appointment of the Commission, and that he did not want to be the public defender of the Council's project. Mayor Smith replied that the import of the Code was such that the Council felt impelled to give the matter more study before further official action is taken. Mrs. Fred Best, 1701 Whiting Drive, asked the Council if they had come to any decision on the petition to resubmit the Dog Leash Law to the voters in the coming election now that Commissioner Culli was back, as her supporters were afraid the request would be by-passed. Mr. Smith answered that the Council had not had an opportunity to discuss the matter as yet, that it was not the policy of this Council to dodge any question as the.public was entitled to know their thinking, and that they would in good faith consider the issue involved and advise the petitioners of their decision before the deadline. 212 Mr. A. J. Scholtes, 714 Ohio, stated to the Council that he was pleased that the Council was studying the Housing Standards Code with such careful consideration, as he felt that with changes and amendments the Council will be able to make the Code workable without hardship, that he doesn't expect the Council to agree with all of his remarks on the proposed ordinance, but that he appreciates their consideration of his remarks. Mayor Smith announced the Council would next hear the City Manager's Reports. Motion by Bigler, seconded by Roberts and passed that Change Order #1 re North Beach Sewer System, in the amount of $15,643.00 to provide for.the addition of lines included in the original specifications, be approved. Motion by Maldonado, seconded by Roberts and passed that the Tax Error & Correction List and Supplemental Tax Roll for the month of January, 1957. be approved. Motion by Bigler, seconded by Culli and passed that the Staples Street Improvements, Louisiana to Hamlin Drive, be accepted, and.that final payment of $40,282.19 be approved. Motion by Roberts, seconded by Culli and passed that the Director of Finance be authorized to invest $2,500,000.00 of Bond Funds in Interest Bearing 91 -day United States Treasury Bonds. ORDINANCE NO. 4753 .__ CREATING AND ESTABLISHING FIRST AND SECOND FIRE DISTRICT AREAS WITHIN THE CITY AND ADOPTING AN OFFICIAL FIRE DISTRICT MAP THEREBY INITIATING MORE STRINGENT CONSTRUCTION STANDARDS IN THOSE AREAS; REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES AND MAPS PREVIOUSLY DESIGNATING FIRE DISTRICTS; SPECIFICALLY REPEALING ORDINANCE NO. 1121 AND ORDINANCE NO. 4567; CONTAIN- ING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF NOT LESS THAN FIVE ($5.00) DOLLARS NOR MORE THAN TWO HUNDRED ($200.00) DOLLARS FOR EACH OFFENSE; PROVIDING FOR EFFECTIVE DATE AND PUBLICATION. The foregoing ordinance was read for the third time and passed on the final reading by the following vote: Farrell D. Smith Aye W. J. Roberts Aye Minor Culli Aye B. E. Bigler Aye Manuel P. Maldonado Aye ORDINANCE NO. 4754 RECEIVING AND ACCEPTING THE WORK OF CONSTRUCTION OF STREET AND STORM SEWER IMPROVEMENTS ON SOUTH STAPLES STREET FROM LOUISIANA TO HAMLIN DRIVE, PROJECT 1-53-2, UNDER THEIR CONTRACT WITH THE CITY DATED JANUARY 10, 1956, AS AUTHORIZED BY ORDINANCE NO. 4429; AUTHORIZING PAYMENT OF FINAL ESTIMATE, A COPY OF WHICHISATTACHED HERETO AND MADE A PART HEREOF, DATED FEBRUARY 13, 1957, IN THE AMOUNT OF $40,282.19 TO BE -PAID OUT OF FUNDS HERETOFORE PROVIDED; AND DECLARING AN EMERGENCY. - The Charter Rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye Minor Culli Aye B. E. Bigler Aye Manuel P. Maldonado Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye W. J. Roberts Aye Minor Culli Aye B. E. Bigler Aye Manuel P. Maldonado Aye ORDINANCE NO. 4755 AMENDING AN ORDINANCE ENTITLED "AN ORDINANCE ADOPTING AND PROVIDING FOR THE ADMINISTRATION OF THE COMPENSATION PLAN FOR ALL POSITIONS IN THE CITY SERVICE; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE", AND BEING ORDINANCE NO. 3656, PASSED AND APPROVED BY THE CITY COUNCIL ON THE 10TH DAY OF FEBRUARY, 1954, AS AMENDED, BY AMENDING SUBSECTION (c) OF SECTION 10 OF SAID ORDINANCE SO AS TO PERMIT EMPLOYEES TO USE ACCUMULATED SICK LEAVE WHILE INCAPACITATED TO PERFORM HIS DUTIES DUE TO INJURY INCURRED WHILE IN THE COURSE OF EMPLOYMENT; PROVIDING PROCEDURE FOR USE OF ACCUMULATED SICK LEAVE; PROVIDING A SAVINGS CLAUSE; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye Minor Culli Aye B. E. Bigler Aye Manuel P. Maldonado Aye 213 The foregoing ordinance was passed by the following vote: Farrell.D..Smith Aye W. J. Roberts Aye Minor Culli Aye B. E. Bigler Aye Manuel P. Maldonado Aye In connection with the foregoing Ordinance No. 4755, Mayor Smith requested an outline of the effect of the law pertaining to different groups of City employees, .the distinction made between injury and sick leave, the coverage for life, health and accident, and the Workmen's Compensation coverage. ORDINANCE NO. 4756 AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE A RELEASE OF SPECIAL ASSESSMENT IN THE AMOUNT OF $396.00 AGAINST THAT CERTAIN PROPERTY FRONTING 120 FEET ON THE WEST SIDE OF SANTA FE STREET, DESCRIBED AS BEING LOT TWENTY (20), BLOCK FOUR (4), BELLAVIDA PLACE, AN ADDITION TO THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, AS SHOWN BY MAP OR PLAT THEREOF OF RECORD IN THE OFFICE OF THE COUNTY CLERK OF NUECES.COUNTY, TEXAS, AND THE OWNER THEREOF ARTHUR L. ELLIOTT, FOR AND IN CONSIDERATION OF THE PAYMENT OF SUCH ASSESSMENT, A COPY OF WHICH RELEASE IS ATTACHED HERETO AND MADE A PART HEREOF; AND DE- CLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye Minor Culli Aye B. E. Bigler Aye Manuel P. Maldonado Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye W. J. Roberts Aye Minor Culli Aye B. E. Bigler Aye Manuel P. Maldonado Aye There being no further business to come before the Council, the meeting was adjourned. (NOTE: Minutes for the Regular Meeting of February 27, 1957, appear on Page 215.) THE STATE OF TEXAS COUNTY OF NUECES CITY OF CORPUS CHRISTI NOTICE OF SPECIAL MEETING TO THE MEMBERS OF THE CITY.COUNCIL, THE CITY MANAGER, THE CITY SECRETARY AND THE CITY ATTORNEY TO THE CITY OF CORPUS CHRISTI, TEXAS: NOTICE is hereby given that a special meeting of the City Council of the City of Corpus Christi, Texas, will be held in the City of Corpus Christi, Texas, in the Council Chamber of the City Hall, at 2.00 o'clock p. m. on the 4th day of March, 1957, for the purpose of adoption -of an ordinance calling an election authorizing leasing of certain lands to Boy and Girl Scouts, Campfire Girls and State Park Board, and such other business as may properly come.before the Council. DATED this the 4th day of March, 1957. /s/ FARRELL D. SMITH FARRELL D. SMITH, Mayor City of Corpus Christi, Texas CONSENT TO MEETING We, the undersigned members of the City Council, the City Manager, the City Secretary and the City Attorney of Corpus Christi, Texas, hereby accept service of the foregoing notice, waiving any and all irregu- larities in such service and consent and agree that said meeting shall be at the time and place therein named and for the purpose therein stated. MINOR CULLI /s/ B. E. BIGLER B. E. BIGLER /s/ RUSSELL E. MC CLURE RUSSELL E. MC CLURE City Manager /s/ T. RAY KRING T. RAY KRING City Secretary /s/ W. J. ROBERTS W. J. ROBERTS /s/ MANUEL P. MALDONADO MANUEL P. MALDONADO /s/ I. M. SINGER I. M. SINGER City Attorney 214 SPECIAL COUNCIL MEETING March 4, 1957 2:00 p. m. Mayor Farrell D. Smith called the meeting to order. City Secretary Kring called the roll of those in attendance. Mayor Smith announced the purpose of the special meeting,was'for the adoption of an ordinance calling an election authorizing leasing of certain lands to Boy and Girl Scouts, Campfire Girls and State Park Board, and such other business as may properly come before the Council. Mayor Smith stated that it had been announced at last Wednesday's regular Council meeting that the petitions presented to the Council with reference to a re -submission of the Dog Leash law to the electorate at the coming April 2nd election would be analyzed and a decision would be made known today. He reviewed at length the sequence of events which preceded the passage of the ordinance prohibiting dogs running at large and the invest- igations made and factors considered in the Council's conclusion in the matter. Mayor Smith announced that after thorough and complete investigation of all the information before it, the Council had unanimously decided to permit the Dog Leash Ordinance to stand as passed, and the same will be enforced immediately. Mayor Smith then made the following statement: . "Voluntary cooperation is urged in observing the.provisions of the dog control measures adopted by the City Council as a result of the action of citizens voting in the election on October 6, 1956. A spirit of voluntary observance will result in a harmonious community and will keep enforcement costs at a minimum. "If it is determined as a result of the enforcement.experience that there are oppressive feature in the present regulatory ordinances, the regulations will be amended promptly. It is the responsibility of the enforcement officials to obtain compliance with ordinances and to prevent willful violations but it will be the program to allow a reasonable time for a thorough understanding of these new regulations. "During the next six weeks the Humane Division will issue warning notices with an explanation of the new law and will allow a reasonable time for a showing to be made by any violators that compliance has been effected. For repeated violations by the same persons more strenuous measures will be required. As a principle, those who desire to comply will be given every possible consideration. "If a dog is running at large and has a current rabies vaccination tag and a 1957 license tag, the Humane Officer will obtain the name and address of the dog owner from the license records and will return the dog to its owner if the owner is at home.. A warning notice and a copy of the new regulations will be given the owner and a reasonable time for compliance allowed. A record will be kept of all warning notices so that repeated violations by the same owners will result in their dogs being impounded. "If a dog is running at large and does not have a current rabies vaccination tag and a 1957 license tag, the dog will be picked up by the Humane Officer and kept at the Humane Division kennels at 1724 Buffalo for a period of three days.to permit the owner to call for his dog. This is the procedure that was followed prior to the adoption of the new law as the previous control measure required the impounding of dogs that had not been vaccinated or licensed." Motion by Bigler, seconded by Maldonado and passed that the foregoing statement of the Mayor be included in the minutes for the record. Several persons in the audience voiced their approval of the Council's fair and practical and sincere handling of this very controversial matter of Dog Control. Mayor Smith announced the Council would next consider the matter of submission on the April 2nd election ballot of the leases to the Boy Scouts, Girl Scouts, Campfire Girls and State Park Board. 215 ORDINANCE NO. 4760 CALLING A SPECIAL ELECTION IN THE CITY OF CORPUS CHRISTI TO BE HELD ON THE FIRST TUESDAY IN APRIL, 1957, ON THE QUESTIONS: (1) OF GRANTING A THIRTY (30) YEAR LEASE TO THE STATE PARK BOARD OF THE STATE OF TEXAS OF APPROXI- MATELY 400 ACRES OF LAND NEAR LAKE MATHIS; (2) OF GRANTING A THIRTY (30) YEAR LEASE TO THE GULF COAST COUNCIL OF THE BOY SCOUTS OF AMERICA OF APPROX- IMATELY 115 ACRES OF LAND NEAR LAKE MATHIS; (3) OF GRANTING A THIRTY (30) YEAR LEASE TO THE CORPUS CHRISTI GIRL SCOUT COUNCIL, INC., OF APPROXIMATELY 41 ACRES OF LAND NEAR LAKE MATHIS; AND (4) OF GRANTING A THIRTY (30) YEAR LEASE TO THE CAMPFIRE GIRLS, INC., OF APPROXIMATELY 21.8 ACRES OF LAND NEAR LAKE MATHIS; EACH OF'SAID LEASES TO BE SUBORDINATE TO THE USE OF THE CITY OF THE SAID WATER RESERVOIR SITE AS A PART OF THE WATER WORKS SYSTEM OF THE CITY OF CORPUS CHRISTI; DESIGNATING PLACES OF HOLDING SUCH ELECTION; NAMING THE OFFICERS THEREFOR`; PRESCRIBING THE FORM OF NOTICE OF ELECTION AND ENACTING PROVISIONS INCIDENT AND RELATING TO THE SUBJECT AND PURPOSE OF THIS ORDINANCE; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith W. J. Roberts Minor Culli B. E. Bigler Manuel P. Maldonado The foregoing ordinance was passed by the following vote: Farrell D. Smith W. J. Roberts Minor Culli B. E. Bigler Manuel P. Maldonado Aye Aye Absent Aye Aye Aye Aye Absent Aye Aye There being no further business to come before the Council, the special meeting was adjourned. REGULAR COUNCIL MEETING February 27, 1957 2:00 p. m. PRESENT: Mayor Farrell D. Smith City Manager Russell E. McClure Commissioners: Asst City Attorney Glenn Parker W. J. Roberts City Secretary T. Ray Kring Minor Culli B. E. Bigler Manuel P. Maldonado Mayor Farrell D. Smith called the meeting to order. The Invocation was given by Reverend Earl Hill, of Southside Baptist Church. City Secretary Kring called the roll of those in attendance. Motion by Maldonado, seconded by Roberts and passed that the minutes of the regular meeting of February 20th be approved. Next was a public hearing on the application of The League of United Latin American Citizens for a Special Council Permit to sponsor the "Bill Hames Shows" of Fort Worth, Texas, on March 5th through March 10th, 1957,.on property located in the area between Lipan and 2425 Leopard Streets in the City of Corpus Christi, Texas. No one appeared in opposition to the application. Motion by Maldonado, seconded by Bigler and passed that the Special Council Permit be granted, subject to the conditions recommended by the Zoning & Planning Commission as follows: I. Health - Applicant must comply with 1. An easily accessible adequate safe supply of water. 2. Conveniently located toilet facilities. 3. Food establishments connected with the circus selling food to the public should comply with the same regulations required by the City Ordinance regulating this type of business. II. Fire - 1. Furnish certificate that tents have been flame -proofed, also name of flameproofing company and date. 2. Safe electrical installations and connections. 3. Seats properly and securely arranged. 4. Enforcement of "No Smoking" during performances. 216 III. Police - Applicant should comply with all regulatory ordinances of the City and shall not permit: 1. Gambling. 2. Showing of lewd shows of any kind. IV. Public Works - Applicant shall see that the mechanical installations at the show, including plumbing and wiring, the location of the structures upon the lot, and the structures themselves must be in compliance with the minimum requirements of the City Ordinance applicable to such buildings or occupancies and that before the show or shows are opened to the public, the management will obtain from the Inspection Section of the Department of Public Works a Certificate of Occupancy for such show. V. General - Applicant must comply with the City's requirement of sufficient bond to insure the removal of,all debris from the location at the con- clusion of its operation. Motion by Bigler, seconded by Maldonado and passed that the public hearing re establishing set- back lines on Agnes & Laredo Streets be re -set for March 20, 1957, during the regular meeting at 2 p. m., due to the fact that notices had not been sent to the property owners within 450 feet of the area involved as required in the City Charter. Mayor Smith invited anyone with petitions or information from the audience on matters not schedul on the agenda to come forward and be heard. Dorothy Watson, representing the Texas Social Welfare Association, read a resolution of the Nueces County Chapter endorsing the proposed Housing Standards Code, and expressing the hope that consideration be given to hardship cases which might result as a result of administration of the Code. meeting. A. A. Lichtenstein stated that he wished to reserve the right to make a statement later in the No one else wishing .to be heard, Mayor Smith announced the Council would next hear the City . Manager's Reports. Motion by Bigler, seconded by Roberts and passed that J. S. Modlin, Master Plumber, be appointed for a two-year term to expire January 1, 1959, and James Wosnig, Journeyman Plumber, be appointed:to replace Charlie Falls who no longer qualifies since he has become a Master Plumber, for a term to expire January 1, 1958, on the Examining and Supervisory Board of Plumbers. Motion by Roberts, seconded by Bigler and passed that the date of March 27, 1957, during the regular meeting at 2 p. m., be set for a public hearing on 3 zoning applications, and the City Secretary publish the proper notice of such hearing. In connection with the recommendation re investment of temporarily idle City funds, it was decided to defer this matter for further study by the Council, however investments are to be made in the meantime by the Director of Finance upon written approval of the City Manager. Motion by Roberts, seconded by Bigler and passed that the Progress Report for Recertification of the Workable Program for Urban Renewal be approved for submission to the Regional Administrator in order that recertification may be accomplished effective April 1, 1957. ORDINANCE NO. 4757 INSTRUCTING THE MERCANTILE NATIONAL BANK AT DALLAS, TRUSTEE UNDER THE WATER- WORKS REVENUE BONDS TRUST AGREEMENT OF THE CITY, TO INVEST, OF THE AVAILABLE FUNDS OF THE BOND RESERVE FUND OF THE CITY OF CORPUS CHRISTI WATERWORKS REVENUE BONDS, THE SUM OF $110,000.00 IN 2-3/4% U. S. TREASURY BONDS; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye Minor Culli Aye B..E. Bigler Aye Manuel P. Maldonado Aye 21'7 The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye W. J. Roberts Aye Minor Culli Aye B. E. Bigler Aye Manuel P. Maldonado Aye ORDINANCE N0. 4758 CALLING AN ELECTION FOR MAYOR AND SIX (6) COMMISSIONERS IN THE CITY OF CORPUS CHRISTI TO BE HELD ON THE FIRST TUESDAY IN APRIL, 1957; DESIGNATING PLACES OF HOLDING SUCH ELECTION; NAMING THE OFFICERS THEREFOR; PRESCRIBING THE FORM OF NOTICE OF ELECTION, AND ENACTING PROVISIONS INCIDENT AND RELATING TO THE SUBJECT AND PURPOSE OF THIS ORDINANCE; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye Minor Culli Aye B. E. Bigler Aye Manuel P. Maldonado Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye W. J. Roberts Aye Minor Culli Aye B. E. Bigler Aye Manuel P. Maldonado Aye ORDINANCE NO. 4759 AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON BEHALF OF THE CITY OF CORPUS TO EXECUTE RELEASES OF SPECIAL ASSESSMENT AS FOLLOWS: (1) IN THE AMOUNT OF $1,842.25 AGAINST THAT CERTAIN PROPERTY FRONTING 393 FEET ON THE WEST SIDE OF BALDWIN BOULEVARD, DESCRIBED AS BEING A PORTION OF LOT 16, SECTION L, PAISLEY'S SUBDIVISION OF THE HOFFMAN TRACT; AND (2) IN THE AMOUNT OF $2,009.29 AGAINST THAT CERTAIN PROPERTY FRONTING 347.89 FEET ON THE WEST SIDE OF BALDWIN BOULEVARD, DESCRIBED AS BEING LOTS -5 AND 6, BLOCK 1, ARCADIA ADDITION TO THE CITY OF CORPUS CHRISTI, TEXAS; AND THE OWNERS THEREOF, T. P. MC CORD, TRUSTEE AND R. H. HOSTUTLER, RESPECTIVELY, FOR AND IN CONSIDERA- TION OF THE PAYMENT OF SUCH ASSESSMENTS, A COPY OF WHICH RELEASES ARE ATTACH- ED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye Minor Culli Aye B. E. Bigler Aye Manuel P. Maldonado Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye W. J. Roberts Aye Minor Culli Aye B. E. Bigler Aye Manuel P. Maldonado Aye Mayor Smith declared a brief recess. Upon reconvening, Dr. J. R. Riley, 4787 Ocean Drive, introduced Mrs. Joe Franklin who had obtained approximately 460 signatures to a petition which Dr. Riley read to the Council, stating that each of the signers declared they were qualified voters, that they had voted in the Oct. 6th election on the Leash Law, that they had intended to vote against it but had voted erroneously because they were confused by the wording on the ballot at the time they had voted, and requested that the Leash Law be re -submitted to the people in the April 2nd election, and that the question be worded "For the Leash Law" and "Against the Leash Law". Dr. Riley then introduced Dr. Hector Garcia who related a similar experience of about 14 Mexican voters who had called him at the time of the election. Mrs. Sue Brides stated that if there was that much confusion over this particular issue, it might be well to vote on the bond issues again, and that if they could understand the bond issues, she didn't see why they couldn't understand the Leash Law question. Mrs. Harvey Weil stated that she had approximately 200 more names on the same certified petition as just submitted which she had not collected as yet. Paul Vogler stated that after the Council has given the matter its best consideration, his side would be satisfied with whatever decision the Council made. Motion by Bigler, seconded by Maldonado and passed that the matter be taken under advisement for 218 study, and the enforcement of the Law be deferred pending a decision on the petition. A. A. Lichtenstein warned the Council against fatal procrastination in deciding whether or not this matter would be put on the ballot as he reminded them of the case of the State of Rhode Island which found itself without a governor because their manner of handling the ballots'wa's questioned, and was concerned on a similar basis for this City in connection with the absentee voting. The petitioners thanked the Council for their consideration of their petitions, and stated that regardless of the outcome, they would not petition again for another referendum. A. A. Lichtenstein, Chairman of. the IURC, strongly urged the Council to call upon him or members of the 10 -man Commission for assistance during their work session in explaining their reasoning and 'in working out 11, the objections and differences of opinion toward the rejection or final adoption of the proposed Housing Standards Code, and likewise urged that the proposed ordinance be given its second reading next week. The Council answered Mr. Lichtenstein that at the close of this meeting they would go into a work session with him on this matter as they had already advised him. Paul Vogler, Chairman of the West Side Taxpayers' League, stated that speaking for this organiza- tion which he represented, he approved of the Council's attitude of careful study and consideration of the proposed Code, and expressed confidence that the Council would finally adopt a Code that would be for the welfare of the community as a whole. t A. J. Sholtes stated that he felt sure that there would be some amendments and changes Imade 'in the Code as proposed, and requested that such amendments and changes be made available to those persons interested before the final reading so that they could be informed on the subject. Joe Casares, representing A. Casares Estate and himself, stated that their property was in the proposed right-of-way for the expressway, and if the proposed Code was adopted he asked if he would have to bring his houses up to standard or demolish them, in which case'the property would have been devaluated for sale for the right-of-way. The Council explained that there was a provision in the Code which provided that action would be withheld on property likely to be subject to public action. Due to the urgency of several matters before the Council, it was decided that there would be a Special Council Meeting at 2 p. m. on Monday, March ..4th.6 to resolve these matters. There being no further business to come before the Council, the meeting was adjourned. REGULAR COUNCIL MEETING March 6, 1957 2:00 p.m. PRESENT: Mayor Farrell D. Smith Commissioners: W. J. Roberts City Manager Russell E. McClure B::.E. Bigler City Attorney I. M. Singer Manuel P. Maldonado City Secretary T. Ray Kring Mayor Farrell D. Smith called the meeting to order. excused. The Invocation was given by Reverend Robert Clark, of Corpus Christi Cathedral. City Secretary Kring called the roll of those in attendance. Motion by Bigler, seconded by Maldonado and passed that the absence of Commissioner Culli be Motion by Maldonado, seconded by Roberts and passed that the minutes of the regular meeting of February 27th and the special meeting of March .4th be approved. No one appeared in answer to Mayor Smith's invitation to anyone in the audience with petitions or information for the Council on matters not scheduled on the agenda, to come forward and be heard. Mayor Smith announced the Council would next hear the City Manager's Reports. Motion by Roberts, seconded by Maldonado and passed that work of construction of the Gollihar Storm Sewer, Units 2, 3 and 4, between Santa Fe and Carroll Lane, by Heldenfels Brothers be accepted, and final. (Note: Continuation of March 6, L957, Regular Council Minutes, on page 219) THE STATE OF TEXAS X COUNTY OF NUECES CITY OF CORPUS CHRISTI NOTICE OF SPECIAL MEETING %_ Page 2M.'A � TO THE MEMBERS OF THE CITY COUNCIL, THE CITY MANAGER, THE CITY SECRETARY AND THE CITY ATTORNEY TO THE CITY OF CORPUS CHRISTI, TEXAS: NOTICE is hereby given that a special meeting of the City Council of the City of Corpus Christi, Texas, will be held in the City of Corpus Christi, Texas, in the Council Chamber of the City Hall, at 2:00 o'clock p.m. on the 4 day of March, 1957, for the purpose of adoption of an ordinance calling an election authorizing leasing of certain lands to Boy and Girl Scouts, Campfire Girls and State Park Board, and such other business as may properly come be- fore the Council. DATED this the 4 day of May, 1957. /s/ FARRELL D. SMITH FARRELL D. SMITH, Mayor City of Corpus Christi, Texas CONSENT TO MEETING We, the undersigned members of the City Council, the City Manager, the City Secretary and the City Attorney of Corpus Christi, Texas, hereby accept service of the foregoing notice, waiving any and all irregularities in such service and consent and agree that said meeting shall be at the time and place therein named and for the purpose therein stated. MINOR CULLI Ls/ B. E. BIGLER B. E. BIGLER /s/ W. J. ROBERTS W. J. ROBERTS /s/ MANUEL P. MALDONADO MANUEL P. MALDONADO /s/ RUSSELL E. MC CLURE /s/ I. M. SINGER RUSSELL E. MC CLURE I. M. SINGER City Manager City Attorney /s/ T. RAY KRING T. RAY KRING City Secretary SPECIAL COUNCIL MEETING March 4, 1957 2:00 p.m. PRESENT: Mayor Farrell D. Smith Commissioners: W. J. Roberts City Manager Russell E. McClure . B. E. Bigler City Attorney I. M. Singer Manuel P. Maldonado City Secretary T. Ray Kring Mayor'Farrell D. Smith called the meeting to order. City Secretary Kring called the roll of those in attendance. Mayor Smith announced the purpose of the special meeting was for the adoption of an ordinance calling an election authorizing leasing of certain lands to Boy and Girl Scouts, Campfire Girls and State Park Board, and such other business as may properly come before the Council. Mayor Smith stated that it had been announced at last Wednesday's regular Council meeting that the peti- tions presented to the Council with reference to a re -submission of the Dog Leash law to the electorate at the com April 2nd election would be analyzed and a decision would be made known today. He reviewed at length the sequence of events which preceded the passage of the ordinance prohibiting dogs running at large and the investigations made and factors considered in the Council's conclusion in the matter. Mayor Smith announced that after thorough and complete investigation of all the information before it, the Council had unanimously decided to permit the Dog Leash Ordinance to stand as passed, and the same will be en- forced. immediately. Mayor Smith then made the following statement: "Voluntary cooperation is urged in observing the provisions of the dog control measures adopted by the .+ter'+� � ►: City Council as a result of the action of citizens voting in the election on October 6, 1956. A spirit of voluntary observance will result in a harmonious community and will keep enforcement costs at a minimum. "If it is determined as a result of the enforcement experience that there are oppressive features in the present regulatory ordinances, the regulations will be amended promptly. It is the responsibility of the en - t officials to obtain compliance with ordinances and to prevent willful violations but it will be the pro- gram to allow a reasonable time for a thorough understanding of these new regulations.• "During the next six weeks the Humane Division will issue warning notices with an explanation of the new law and will allow a reasonable time for a showing to be made by any violators that compliance has been effected For repeated violations by the same personsmore strenuous measures will be required. As a principle; those who desire to comply will be given every possible consideration. "If a dog is running at large and has a current rabies vaccination tag and a 1957 license tag, the Humane Officer will obtain the name and address of the dog owner from the license records and will return the dog to its owner if the owner is at home. A warning notice and a copy of the new regulations will be given the owner and a reasonable time for compliance allowed. A record will be kept of all warning notices so that repeated viola- tions by the same owners will result in their dogs being impounded. "If a dog is running at large and does not have a current rabies vaccination tag and a 1957 license tag, the dog will be picked up by the Humane Officer and kept at the Humane Division kennels at 1724 Buffalo for a period of three days to permit the owner to call for his dog. This is the procedure that was followed prior to the adopti of the new law as the previous control measure required the impounding of dogs that had not been vaccinated or licensed." Motion by Bigler, seconded by Maldonado and passed that the foregoing statement of the Mayor be'included in the minutes for the record. Several persons in the audience voiced their approval of the Council's fair and practical'and sincere handling of this very controversial matter of Dog Control. Mayor Smith announced the Council would next consider the matter of submission on the April 2nd election ballot of the leases to the Boy Scouts, Girl Scouts, Campfire Girls and State Park Board. ORDINANCE NO. 4760 CALLING A SPECIAL ELECTION IN THE CITY OF CORPUS CHRISTI TO BE HELD ON THE FIRST TUESDAY IN APRIL, 1957, ON THE QUESTIONS: (1) OF GRANTING A THIRTY (30) YEAR LEASE TO THE STATE PARK BOARD OF THE STATE OF TEXAS OF APPROXIMATELY 400 ACRES OF LAND NEAR LAKE MATHIS; (2) OF GRANTING A THIRTY (30) YEAR LEASE TO THE GULF COAST COUNCIL OF THE BOY SCOUTS OF AMERICA OF APPROXI- MATELY 104 ACRES OF LAND NEAR LAKE MATHIS- (3) OF GRANTING A THIRTY (30) YEAR LEASE TO THE CORPUS CHRISTI GIRL SCOUT COUNCIL, INC. OF APPROXIMATELY 41 ACRES OF LAND NEAR LAKE MATHIS; AND (4) OF GRANTING A THIRTY (30) YEAR LEASE TO THE CAMP FIRE GIRLS, INC., OF APPROXIMATELY 21.8 ACRES OF LAND NEAR LAKE MATHIS; EACH OF SAID LEASES TO BE SUBORDINATE TO THE USE OF THE CITY OF THE SAID WATER RESERVOIR SITE AS A PART OF THE WATER WORKS SYSTEM OF THE CITY OF CORPUS CHRISTI; DESIGNATING PLACES OF -HOLDING SUCH ELECTION: NAMING THE OFFICERS THEREFOR; PRESCRIBING THE FORM OF NOTICE OF ELECTION AND ENACTING PROVISIONS INCIDENT AND RELATING TO THE SUBJECT AND PURPOSE OF THIS ORDINANCE; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye Minor Culli Absent B. E. Bigler Aye Manuel P. Maldonado Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye W. J. Roberts Aye Minor Culli Absent B. E. Bigler Aye Manuel P. Maldonado Aye There being no further business to come before the Council, the special meeting was adjourned. kL,� 21.9 ORDINANCE NO. 4761 DETERMINING THE NECESSITY FOR AND ORDERING THAT THAT PORTION OF LOUISIANA STREET FROM THE WEST PROPERTY LINE OF OCEAN DRIVE TO THE EAST PROPERTY LINE OF SOUTH STAPLES STREET BE IMPROVED; AND REQUIRING THE DIRECTOR OF PUBLIC WORKS TO PREPARE AND FILE PLANS AND SPECIFICATIONS FOR THE PROPOSED IM- PROVEMENTS; REQUIRING THE CITY SECRETARY TO FILE A NOTICE IN THE OFFICE OF THE COUNTY CLERK OF NUECES COUNTY OF THE ACTION TAKEN HEREIN; PROVIDING HOW SUCH IMPROVEMENTS SHALL BE PAID; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith W. J. Roberts Minor Culli B. E. Bigler Manuel P. Maldonado The foregoing ordinance was passed by the following vote: Farrell D. Smith W. J. Roberts Minor Culli B. E. Bigler Manuel P. Maldonado Aye Aye Absent Aye Aye Aye 'Aye Absent Aye Aye It was announced that proper notice had just been filed in the Office of the County Clerk of Nueces County of the action taken in the foregoing ordinance. ORDINANCE NO. 4762 APPROVING AND ADOPTING THE DIRECTOR OF PUBLIC WORKS' WRITTEN STATEMENT AND REPORT OF THE ESTIMATES OF THE VARIOUS COSTS FOR THE IMPROVEMENT OF THE PORTION OF LOUISIANA STREET FROM THE WEST PROPERTY LINE OF OCEAN DRIVE TO THE EAST PROPERTY LINE OF SOUTH STAPLES STREET AND THE STATEMENTS OF THE NAMES OF THE APPARENT OWNERS, DESCRIPTIONS AND NUMBER OF FRONT FEET OF ABUTTING PROPERTY OF SAID STREET WITHIN SAID LIMITS; DETERMINING AND FIXING THE PORTION OF SAID COSTS, AND THE RATE THEREOF, TO BE PAID BY AND ASSESSED AGAINST SAID ABUTTING PROPERTY, AND THE REAL AND TRUE OWNERS THEREOF, AND THE PORTION THEREOF TO BE PAID BY THE CITY OF CORPUS CHRISTI, TEXAS; DETERMINING THE NECESSITY OF LEVYING AN ASSESSMENT AGAINST SAID ABUTTING PROPERTY, AND THE REAL AND TRUE OWNERS THEREOF, FOR THE PART OF SAID COST APPORTIONED THEM; ORDERING AND SETTING A HEARING TO BE HELD AT 3:00 O'CLOCK P. M., ON THE 27TH DAY OF MARCH; 195; IN THE COUNCIL CHAMBERS OF THE CITY HALL IN CORPUS CHRISTI AS THE TIME AND PLACE FOR HEARING OF THE REAL AND TRUE OWNERS OF SAID ABUTTING PROPERTY, AND ALL OTHERS INTERESTED IN SAID PROPERTY OR IN SAID PROCEEDINGS CONCERNING SAID ASSESSMENTS AND PROCEEDINGS; DIRECTING THE CITY SECRETARY TO GIVE NOTICE OF SAID HEARING AS REQUIRED BY THE LAWS OF THE STATE OF TEXAS AND THE CHARTER OF THE CITY OF CORPU§ CHRISTI, TEXAS, AND FURTHER, DIRECTING SAID CITY SECRETARY IN ADD- ITION TO THE CONTENTS OF THIS NOTICE OF SAID HEARING AS REQUIRED BY LAW, WHICH SHALL BE VALID AND SUFFICIENT IN ITSELF, TO INCLUDE THEREIN A LIST OF THE APPARENT OWNERS AND DESCRIPTION OF`SAID ABUTTING PROPERTY AS SET OUT IN SAID REPORT OF THE DIRECTOR OF PUBLIC WORKS AND PROVIDING THAT SAID LIST OF APPARENT OWNERS SHALL NOT BE CONCLUSIVE OF SAID OWNERSHIP AND SHALL NOT LIMIT SAID NOTICE TO SUCH OWNERS' NAMES OR THE PROPERTIES DES- CRIBED, AND THE SAID NOTICE SHALL NEVERTHELESS BE DIRECTED TO THE REAL AND TRUE OWNERS OF SAID ABUTTING PROPERTY, WHETHER NAMED OR CORRECTLY NAMED OR NOT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye Minor Culli Absent B. E. Bigler Aye • Manuel P. Maldonado Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye W. J. Roberts Aye Minor Culli Absent B. E. Bigler Aye Manuel P. Maldonado Aye ORDINANCE NO. 4763 RECEIVING AND ACCEPTING THE WORK OF CONSTRUCTION OF GOLLIHAR STORM SEWER, UNITS 2, 3 AND 4, PROJECT NO. 3-53-2.1, PERFORMED BY HELDENFELS BROTHERS, UNDER THEIR CONTRACT WITH THE CITY DATED JANUARY 10, 1956, AS AUTHORIZED BY ORDINANCE NO. 4430; AUTHORIZING PAYMENT OF FINAL ESTIMATE, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, DATED FEBRUARY 21, 1957s IN THE AMOUNT OF $72,008.42 TO BE PAID FROM CONSTRUCTION AND CONTINGENCY FUNDS PREVIOUSLY APPROPRIATED FROM NO. 295 STORM SEWER BOND IMPROVEMENT FUND; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye Minor Culli Absent B. E. Bigler Aye 220 The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye W. J. Roberts Aye Minor Culli Absent B. E. Bigler Aye Manuel P. Maldonado Aye ORDINANCE NO. 4764 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A LEASE AGREEMENT WITH THE OSO LITTLE LEAGUE, LEASING TO THE SAID OSO LITTLE LEAGUE A FIVE ACRE TRACT OF LAND IN SOUTH GUTH PARK FOR THE PURPOSE OF ESTABLISHING AND MAINTAINING A RECREATIONAL AREA, A COPY OF WHICH AGREEMENT IS ATTACHED HERETO'AND MADE A PART HEREOF. The foregoing ordinance was read for the third and final time and passed by the following vote: Farrell D. Smith Aye W. J. Roberts Aye Minor Culli Absent B. E. Bigler Aye Manuel P. Maldonado Aye RESOLUTION NO. 4765' AUTHORIZING THE DIRECTOR OF FINANCE WITH THE APPROVAL OF THE CITY MANAGER TO INVEST FUNDS OF THE CITY TEMPORARILY IDLE FOR LIMITED PERIODS OF TIME AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye Minor Culli Absent B. E. Bigler Aye Manuel P. Maldonado Aye The foregoing ordinance Was passed by the following vote: Farrell D. Smith Aye W. J. Roberts Aye Minor Culli Absent B. E. Bigler Aye Manuel P. Maldonado Aye ORDINANCE NO. 4766 AUTHORIZING AN AMENDMENT TO THE AGREEMENT NOW EXISTING BETWEEN THE CITY OF CORPUS CHRISTI AND THE CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT, HERETO- FORE AUTHORIZED BY ORDINANCE NO. 4226, SO AS TO PROVIDE THE FURNISHING OF IBM PUNCHED STUB CARD TAX BILLING FOR THE CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT AND THE CORPUS CHRISTI JUNIOR COLLEGE DISTRICT; FIXING THE CHARGES THEREFOR AND CONTAINING OTHER PROVISIONS RELATED THERETO, A COPY OF WHICH AMENDMENT IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMER- GENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith W. J. Roberts Minor Culli B. E. Bigler Manuel P. Maldonado The foregoing ordinance was passed by the following vote: Farrell D. Smith W. J. Roberts Minor Culli B. E. Bigler Manuel P. Maldonado Aye Aye Absent Aye Aye Aye Aye Absent Aye Aye Mayor Smith announced that before the second reading of an ordinance relating to the proposed Housing Standards Code, he would at this time outline the changes which the Council had made in the proposed ordinance since the first reading of same. Mayor Smith explained each of the changes in detail and the reasons for them, and stated that the Council felt there were two major changes as follows: (1) provision for relief of calling something a nuisance that is not a nuisance in fact,'as known under common law, and (2) provision for the application for and obtaining of a Certificate of Variance, and the relief by right of Appeal in this connection. He further stated that there are three main issues which the Council still has under careful study and investiga- tion, which are: (1) Hardships, (2) Tiein with the Urban Renewal Program, and (3) Space Requirements, Mrs. John M. Sheeran, 4622 Christie, a housewife, was opposed to adopting the proposed Code on the basis that the principal reason for the adoption was to obtain Federal money for the Urban Renewal Program. She strongly and emphatically urged that the Council first try, under the Codes already on the books, to clear up 221 our City's slum areas with local money, as she insisted that although it would very likely take a lot longer to do it, in the end it would cost the citizens one-third the amount of money. She further stated that although she realized it might be considered idealistic, Federal taxation and spending had to be stopped at the City.Council level by citizens who had enough pride and the will to work out their own problems locally. Mr. A. H. Hurst felt that there should be a time limit of some kind put on completion of work under a Building Permit. He also stated that in 15 years' study of land values in the immediate vicinity and adjacent to freeways, it has been determined that the land values'increase 200%, and a:.little further out 120%, 85%, and 40%, and that the City will only be helping the land owners in the Urban Renewal Area to wait a few years to rea- lize a high profit on their investment. Mr. J. E. Hartle stated that all the changes which the Mayor outlined were good, but felt that under Section C a dwelling might be less than 50% deteriorated and still be dangerous. Jack Davis explained that in connection with Title I loans for repairs, that the FHA does not qualify either the area or the man, but that that is left up to the insurance loan agency buying the paper, and that the FHA only guarantees the payment upon the insurance company's approval up to'a certain amount. Mr. A. J. Scholtes felt that the space requirements should refer.only to sleeping area, or that the overall livable area should be reduced to 400 sq. ft. He felt that if a family is too large for the dwelling, the building should not be required to be demolished. He further expressed the hope that the City Council would be the final Court of Appeal in connection with the Certificate of Variance. Mr. Curtis Bell, Director of the Association of General Contractors, presented a resolution of approval of the proposed Code, and stated that although the proposed ordinance might not be the ultimate, it was definitely a step in the right direction. Mayor Smith read a resolution received from George Gaines, Jr., President of Corpus Christi Junior Chamber of Commerce, -recommending the adoption of the proposed Code as being in the public interest. Mayor Smith read a resolution received from Mrs. A. N. Blair, Secretary of the North Beach Area Development Council, recommending favorable action on the Housing Standards Code, and as being highly in favor of the intent of the Code and its ultimate enforcement by progressive steps to achieve the desired end. Mrs. Armstrong Price stated that at a unit meeting of the'League of Women Voters, although no vote was taken, it was the unanimous opinion that the proposed Code was fair, and couldn't be any less minimum, and that they would like to see it in effect. She also stated that she felt the City would be very short-sighted not to take advantage of the availability of Federal money since we are in the process of all these major improvement projects. Mr. Joe Mireur stated that he didn't like the Code, but that he could live with it, except for certain provisions, such as any provision of space requirements for a family, and the provision that you must have wall switches instead of pull switches. S. R. Jaramilla, 1556 Wynwood, requested that before the final reading of the proposed ordinance, there be a public hearing in the evening so that the general public can be informed of the final form of the Code since there would in effect be only'one reading of the final form. He further stated that he felt the Council was being pressured into passing this Code and that the real estate men were pushing to bring relief to the home builders. He further felt that the space requirements should be left out of the Code. Mr. Hurst stated that he was sure that if the space requirements were left out of the Code, it would not be approved by the Federal authorities and the City would not be allowed any Federal money for its Urban Renewal Program. Mr. Cuban F. Burbank, 1127 Ocean Drive, stated that he opposes the Code completely. He stated that he was very definitely opposed mainly on an enforcement basis, and also because he is sure that it cannot be legally enforced as it infringes on a man's constitutional rights to have his home inspected whether by invitation or by due process of law to determine what his living conditions are. He further stated that the Codes already on our books, if enforced, would do a good job on slum clearance as evidenced by the elimination of the pit privies and the elimination of certain sub -standard housing in the North Beach Area. He further felt that the program as 222 proposed was subsidizing the building industry. Mr: Charles Hale asked if the final Code would be available for the public to study in advance of the final reading of the proposed ordinance. Mayor Smith answered that it would be, that sufficient advance notice would be given to give all interested parties to study the Code in its final form and acquaint themselves with it, since the final reading would be virtually a one -reading. Leland Ross, member of the Building Standards Commission, stated that the records would show that in spite of the fact that the Commission members were financially interested in the Building Codes of the City, they had been enforcing the present Code and without undue hardship. He further stated that this Federal money would not be subsidizing the building industry. Motion by Roberts, seconded by Bigler and passed that the Building Code be amended as follows, as specifically defined in the list distributed at the early part of the meeting, prior to passing on the second reading, and it being understood that subsequent amendments would, in all probability be made, prior to final enactment. "First paragraph, 4th line - delete "might" "SECTION 2, Subsection B - in place of "Public Authority" use "City Department, Division or Section and in 2nd line of subsection, use "Division or Section respectively" in place of "or branch" "SECTION 2, Subsection G, 3rd line - substitute "one or more" for "or all" "SECTION 2, Subsection H, substitute the following for the present definition: "shall mean unfit within the terms of this Ordinance in that the dwelling, building or structure does not comply with the require- ments set forth in this Ordinance" "SECTION 3, 1st paragraph, 1st line - substitute "one or more" for "or all" "SECTION 3, Subsection A. paragraph 1, 6th line - substitute "shall be corrected or demolished" for "subject to correction or demolition" "SECTION 3, Subsection A, paragraph 2 - substitute "shall be corrected or demolished" for "subject to correction or. demolition" "SECTION 3, Subsection B, 3rd line - add "structural" before word "damage" and same addition before word "damage" in 4th line; and "shall be corrected or demolished" for "subject to correction or demolition"; and add the following sentence "the foundation of a building, dwelling or dwelling unit which shows 50% of structural damage or deterioration shall be considered unsafe and shall be corrected or demolished" or demolition" or demolition" "SECTION 3, Subsection C. substitute "shall be corrected or demolished" for "subject to correction "SECTION 3, Subsection D, substitute "shall be corrected or demolished" for "subject to correction "SECTION 4, Subsection C. paragraph 4, should read "every water closet compartment, bathroom, laundry room, furnace closet and hallway, wherein is located a lighting fixture shall have said light fixture connected so as to be controlled by a wall switch" "SECTION 6, line 4 - after word "repaired" add altered or vacated.or demolished in place of "or vacated and demolished" "Also add paragraph "demolition shall be deemed compliance with any order of repair, alteration or vacation" "Also add the following paragraph "It is not the intent of this Ordinance to declare and it does not so declare anything to be a nuisance which is not such in fact. Any person, to whom any order is directed .or against whose property any action is taken or proposed to be taken under the terms or provisions of this Ordinance, shall have the right to appeal such order or action to any Court having jurisdiction thereof" "SECTION 7, Subsection D, end of 2nd paragraph, page 16 - insert at this point entire Section 5 of the Fort Worth Ordinance covering certificates of variance. "exists or" 223 "SECTION 7, Subsection D. 3rd paragraph, 11th line - insert after word "structure" the words "SECTION 10, lst paragraph, 3rd line - substitute word "and" for word "or" "SECTION 10, Subsection I, 4th line - this sentence is altered to read as follows: "a reasonable time shall not be less than 15 days or more than 30 days from the date the notice is sent, except that in the case of an unusually large building a longer period of time should be provided. SECOND READING OF AN ORDINANCE DEFINING AND ESTABLISHING STANDARDS AND PROCEDURES FOR REGULATING AND CONTROLLING THE CONDITION AND MAINTENANCE OF ALL DWELLINGS, IN RENDERING THEM SAFE, SANITARY AND FIT FOR HUMAN HABITATION; PROVIDING FOR THE VACATION, REMOVAL, REPAIR OR DEMOLITION OF ANY BUILDING OR DWELLING WHICH IS OR THREATENS TO BE A PUBLIC NUISANCE OR DANGEROUS TO THE HEALTH, MORALS, SAFETY OR GENERAL WELFARE OF THE PEOPLE OF THE CITY OF CORPUS CHRISTI, TEXAS, OR WHICH . MIGHT TEND TO CONSTITUTE A FIRE MENACE; ESTABLISHING A HOUSING STANDARDS COMMIS- SION AS A FIVE (5) MEMBER BODY; PROVIDING FOR INSPECTION AND ENFORCEMENT;.PROVID- ING PENALTIES FOR VIOLATION OF ANY OF THE PROVISIONS THEREOF; REPEALING ORDINANCE NO. 2851 OF THE CITY OF CORPUS CHRISTI, TEXAS; CONTAINING A VALIDITY AND SEVERA- BILITY CLAUSE; PROVIDING FOR THE EFFECTIVE DATE AND PUBLICATION OF THIS ORDINANCE. a The foregoing ordinance was read for the second time and passed to its third reading by the following vote: i Farrell D. Smith Aye W. J. Roberts Aye Minor Culli Absent B. E. Bigler Aye Manuel P. Maldonado Aye 'There being no further business to come before the Council, the meeting was adjourned. t REGULAR COUNCIL MEETING March 13, 1957 2:00 p. m. PRESENT: Mayor Farrell D. Smith Commissioners: W. J. Roberts City Manager Russell E. McClure B. E. Bigler City Attorney I. M. Singer City Secretary T. Ray Kring Mayor Farrell D. Smith called the meeting to order. The Invocation was given by Reverend Harris D. Shinn, of Travis Baptist Church. City Secretary Kring called the roll of those in attendance. Motion by Bigler, seconded by Roberts and passed that the absence of Commissioners Culli and Maldonado be excused. Approval of the minutes of the regular meeting of March 6th was deferred. Mayor Smith invited anyone in the audience with petitions or information for the Council on matters not scheduled on the agenda to come forward and be heard. "Honest John" Bagwell expressed the appreciation of the "poor folks" for the Council's considera- tion of them in their deliberations in connection with the Housing Standards Code. He further wished to voice his approval of a pay -raise for the Firemen and Policemen, and suggested that the matter be submitted to the people at the next election in the form of a bond issue, for which he stated that he would get the required number of signa- tures to a petition if that was what was required. He suggested that the bonds be retired by a City tax on beer and liquor. Mayor Smith thanked Mr. Bagwell for his views, but explained that salary increases are not handle through a'bond issue, but would have to be taken care of through an increase in the tax levy, and that the Council is presently studying the matter. The Council next heard the City Manager's reports. Motion by Roberts, seconded by Bigler and passed that in connection with the paving assessments assumed by the City for Staples Street, Louisiana to Hamlin Drive, that a period of 20 days be allowed for payment without interest after mailing of statements. Motion by Bigler, seconded by Roberts and passed that the Tax Error & Correction List and Supplemental Roll for February be approved. Motion by Bigler, seconded by Roberts and passed that the following substitute Precinct Judges 224 be appointed for the April 2nd election: PRECINCT NUMBER NAME 2 Miss Agnes Koniskosvky 40 Mrs. F.H. Underwood 41 Mrs. Henry H. Evans 47 Mrs. Zenaida B. Ochoa 49 Mr. H. G. Gardner 73 Mrs. George R. Hester 75 Mrs. Lydia Trujillo 82 Mrs. R. E. Hobbs ORDINANCE NO. 4767 AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON BEHALF OF.THE CITY OF CORPUS CHRISTI TO EXECUTE RELEASES OF SPECIAL ASSESSMENT AS FOLLOWS: (1) IN THE AMOUNT OF $72.20 AGAINST.THAT CERTAIN PROPERTY FRONTING 50 FEET ON THE WEST SIDE OF BALDWIN BOULEVARD, DESCRIBED AS BEING LOT 3, BLOCK 4, BALDWIN PARK, AND THE OWNER THEREOF JAMES A. OWENS;;(2) IN THE AMOUNT OF $1,369.66 AGAINST THAT CERTAIN PROPERTY FRONT- ING 139.95 FEET ON THE EAST SIDE OF AYERS STREET, DESCRIBED AS BEING LOT 12, BLOCK 8, SOUTHMORELAND-ADDITION, AND THE OWNER THEREOF WM. E. WAGENSHEIN; (3) IN THE. AMOUNT OF $1,163.48 AGAINST THAT CERTAIN PROPERTY FRONTING 248.2 FEET ON THE WEST SIDE OF BALDWIN BOULEVARD, DESCRIBED AS BEING THE NORTH 262.44' x 69.02' OUT OF TRACTS 3 AND 4, DAVID BROWN ADDITION, AND THE OWNER THEREOF RUSSEIL WILLIAMS; (4) IN THE AMOUNT OF $2,289.30 AGAINST -THAT CERTAIN PROPERTY FRONTING 488.37 FEET ON THE WEST SIDE OF BALDWIN BOULEVARD, DESCRIBED AS BEING A PORTION OF LOT 16, SECTION L. PAISLEY SUBDIVISION, AND THE OWNER THEREOF T. P. MC CORD, TRUSTEE; AND (5) IN THE AMOUNT OF $987.97 AGAINST THAT CERTAIN PROPERTY FRONTING 100.95 FEET ON THE SOUTH SIDE OF AYERS STREET DESCRIBED AS BEING THE NORTH 100.95 FEET OF LOT 13, BLOCK 4, SOUTHMORELAND ADDITION (EXCEPT THAT PORTION USED BY THE CITY FOR WIDENING OF AYERS STREET) AND THE OWNERS THEREOF RUBY MAE TALBERT HART, J. F. TALBERT, R. L. TALBERT AND G. T. TALBERT (THAT PORTION OWNED BY H. E. TALBERT NOT BEING RE- LEASED AT THIS TIME), SAID RELEASES TO BE IN SUBSTANTIALLY THE FORM ATTACHED HERETO AND MARKED "EXHIBIT A", WITH SUCH OTHER DELETIONS AND/OR ADDITIONS AS MAY BE APPROVED BY THE CITY COUNCIL; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye Minor Culli Absent B. E. Bigler Aye Manuel P. Maldonado Absent The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye W. J. Roberts Aye .Minor Culli Absent B. E. Bigler Aye Manuel P. Maldonado Absent Motion by Roberts, seconded by Bigler and passed that the date of April 10, 1957, during the regular Council meeting at 2 p. m., be set for a public hearing on the application of A. L. Rankin for a change of zoning from 11R-1" to "B-1" on a tract of land out of Lot 7, Section D. Paisley Subdivision of the Hoffman Tract, and that the City Secretary publish proper notice of such hearing. There being no further business';:to come before the Council, the meeting was adjourned. PRESENT: Mayor Farrell D. Smith Commissioners: W. J. Roberts B. E. Bigler Manuel P. Maldonado REGULAR COUNCIL MEETING March 20, 1957 2:00 p. m. City Manager Russell E. McClure City Attorney I. M. Singer City Secretary T. Ray Kring Mayor Farrell D. Smith called the meeting to order. The Invocation was given by Reverend A. E. Swearingen, Jr., of Parkway Presbyterian Church. City Secretary Kring called the roll of those in attendance. Motion by Roberts, seconded by Bigler and passed that the minutes of the regular meeting of March 6th and March 13th be approved. Mayor Smith announced the opening of the public hearing. City Manager McClure explained the public hearing was for the purpose of setting and establishing the building line on the north side of Laredo Street through Block 1, Home Place Addition; on the south side of Laredo Street between Fourteenth Street and Twenty-first Street; on the west side of Sixteenth Street between Laredo and Agnes Streets; on the north side of Anges Street between Twenty-first Street and a point 284.55 feet west of Twenty-first Street in accordance with the map or plat establishing said lines prepared by the Director of Public 225 Works and on file in the Office of the City Secretary of the City of Corpus Christi at the City Hall, Shoreline Boulevard, Corpus Christi, Texas. Mr. McClure explained the present set -back line was insufficient and the purpose of the additional 10 -feet was to allow for a 60 -foot right-of-way for the contemplated Agnes and Laredo Street improvements which wil provide for one-way movement of traffic west -bound on Laredo and one-way traffic east -bound on Agnes and will per- mit parking on both sides of each street. Mr. McClure read the following letter received from Harvey Weil, representing Kaffie Lumber & Bulk Barties, Inc., as part of the record of the public hearing: "Gentlemen: "Kaffie Lumber & Bulk Barties, Inc., owns property on Agnes Street and has called to my attention the following: "Under previous ordinances the building set -back line on Agnes Street was fixed at 30 feet from the present right of way to care for the then anticipated widen- ing of Agnes. "We are told that the. ordinance which is presently proposed to take care of the improvement of Agnes and Laredo Streets fails to change the building set -back line and that it should be moved forward to permit building to the property line as now proposed. "On behalf of Kaffie Lumber & Bulk Barties, Inc. we should appreciate your having the appropriate department check this matter and the building set -back line changed, if necessary. "Thank you. Yours truly, KLEBERG, MOBLEY$ LOCKETT & WEIL BY: /s/ HARVEY WEIL" Mr. McClure suggested that the set -back line above referred to be retained by the City until such time as the contract for the Agnes & Laredo Street improvements has been awarded. City Attorney Singer explained that the present action of the City Council was not the taking of the land, merely establishing a building line within which no new construction could be built, but that at such. time as the City does acquire that land for right-of-way, the property owner would be compensated for such taking of land at the then fair market value of the land so taken; and further that the action does not affect existing buildings, but only new construction within the proposed set -back line. Cecil Burney appeared on behalf of the Agnes Street Businessmen's Association in favor of the proposed set -back lines. No one appeared in opposition to the proposed set -back lines, although a number of people were present seeking information as to the effect the proposed building line would have on their property. Drahn Jones, Director,.of Public Works,,stated.the City's plan for utilizing the proposed 60 -foot right-of-way which was the reason for establishing the set -back lines. He explained that the City plans to con- struct a 44 -foot pavement along Laredo from face of curb to face of curb, which leaves only 8 -feet instead of the usual 10 -feet for a 6" curb on each side of the street and 7k -feet on each side back of curb to property line. be adopted. Motion by Roberts, seconded by Bigler and passed.that the hearing be closed. Motion by Bigler, seconded by Roberts and passed.that the proposed set -back lines as above stated Mayor Smith invited anyone in the audience with petitions or information for the Council to come forward and be heard. Mr. Larry Allen asked the Council why his name and that of the other independent candidate for City Commissioner could not be placed on the two lines following the All City Party instead of opposite two of the All City candidates because he felt that it -inferred that he was opposing one of the All City candidates rather than all of them. City Secretary Kring stated that he had already explained'the entire matter to Mr. Allen, but that he would be glad to state the matter again for the record since that was Mr. Allen's wish. Mr. Kring stated that he had expected that the ballot would be printed as Mr. Allen had just 226 suggested, but that the printer had not done so, and that since the printing is done in San Antonio and there was . insufficient time to change the ballot as suggested, he stated that at the Election School the Election Judges would be particularly instructed to inform the voters at the precincts that they could vote for any six candidates for Commissioner. In answer to a question from the press, Mayor Smith stated that the positions on the ballot hada been alloted in the order of the candidates' filing. Jim Burney stated that he was appearing with several members of the Six -Points Kiwanis Club in appreciation of the fine service and activities of the present Council and to observe the proceedings of a Council meeting. Mayor Smith thanked the members for coming to the meeting and observed that he had often thought it might be a good idea for different civic groups to attend Council meetings as a club project and a way of informing themselves of what their government was doing. Mayor Smith announced the Council would next hear the City Manager's Reports. Motion by Bigler, seconded by Roberts and passed that the City Manager be authorized to advertise for bids to be received April 3rd for lease of the Marine Filling Station on the Lawrence Street T -Head. Motion by Maldonado, seconded by Bigler and passed that the date of April 10th, during the regular meeting of the Council be set for a public hearing in connection with the change of name of Shamrock Road in Schanen Estates Subdivision, to Del Starr Drive, and that the City Secretary publish the proper notice of such public hearing. Motion by Bigler, seconded by Maldonado and passed that April 9th, during a special meeting at 2:00 p. m., be set for a public hearing for 3 zoning cases which had previously been set for March 27th, and that the City Secretary publish the proper notice for same. Motion by Bigler,.seconded by Roberts and passed that the City Manager be authorized to accept the easement dedication in connection with the A. L. Rankin Tract, and that the filing of said dedication be authoriz- ed. RESOLUTION NO. 4768 AMENDING RESOLUTION NO. 3750 ENTITLED "A RESOLUTION SETTING FORTH THE STREET PAVING ASSESSMENT POLICY OF THE CITY OF CORPUS CHRISTI TO BE APPLIED IN DETER- MINING THE PERCENTAGE OF COST OF IMPROVEMENTS TO BE ASSESSED AGAINST ABUTTING PROPERTY OWNERS; DIRECTING THE DIRECTOR OF PUBLIC WORKS TO FOLLOW SUCH POLICY IN PREPARING ESTIMATES OF IMPROVEMENTS; AND PROVIDING FOR THE CORRECTION OF ALL ESTIMATES IN ACCORDANCE WITH THE STATE LAW IN REGARD TO PAVING ASSESSMENTS" AS AMENDED, BY AMENDING SAME SO AS TO PROVIDE THAT ASSESSMENTS AGAINST PROPERTY USED FOR BUSINESS PROPERTY SHALL BE ASSESSED ON THE SAME BASIS AS PROPERTY. ZONED FOR BUSINESS USE; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote:. Farrell D. Smith Aye W. J. Roberts Aye Minor Culli Absent B. E. Bigler Aye Manuel P. Maldonado Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye W. J. Roberts Aye Minor Culli Absent B. E. Bigler Aye Manuel P. Maldonado Aye There being no further business to come before the Council, the meeting was adjourned. REGULAR COUNCIL MEETING March 27, 1957 2:00 p. m. PRESENT: Mayor Farrell D. Smith Commissioners: W. J. Roberts City Manager Russell E. McClure . B. E. Bigler City Attorney I. M. Singer. Manuel P. Maldonado City Secretary T. Ray Kring Mayor Farrell D. Smith called the meeting to order. Mayor Smith welcomed as a new resident to the City, Dr. Earl G. Hamlett of the First Methodist Church, after which Dr. Hamlett gave the Invocation. 22'7 City Secretary Kring called the roll of those in attendance. Motion by Roberts, seconded by Bigler and passed that the absence of Commissioner Culli be excused. Approval of the minutes of the regular meeting of March 20th were deferred. Motion by Roberts, seconded by Bigler and passed that the request of the applicants for a 60 -day extension to allow the property owners an opportunity to come to agreement among themselves, be granted in connection with the application of Rednick, Wimberly & Strauss for a change of zoning on Lots 56 through 64, Block 808, Port Aransas.Cliffs. No one appeared in answer to the Mayor's invitation to anyone in the audience with petitions or information for the Council to come forward and be heard. Mayor Smith announced the Council would next hear the City Manager's Reports. Motion by Maldonado, seconded by Bigler and passed that the work of construction by T. H. Lee of North Beach Sanitary Sewer Collection System be accepted, and final payment in the amount of $26,433.72 be authorized.. Motion by Bigler, seconded by Roberts and passed that the work of remodeling by Price Construction Co.of the Central Fire Station be accepted, and the final payment in the amount of $6,452.20 be authorized. Motion by Roberts, seconded by Maldonado and passed that the City Manager be authorized to adver- tise for bids to be received April 17th for the quarterly Fuel Requirements. Motion by Maldonado, seconded by Roberts and passed that the following be appointed substitute judges in -the April 2nd Election: Jack Humphries, Precinct 39; Mrs. Dolly Carroll, Precinct 42; and Mrs. W. P. Livingston, Precinct 72. Motion by Bigler, seconded by Roberts and passed that the date of April 17th, during the regular Council meeting at 2:00 p. m., be set for a public hearing on the appeal of Mission Rent -a -Car, Inc., from the Taxicab Inspector's granting of a permit for 10 additional cars to Coastal Bend Rant -a -Car, Inc., and that at the same time amendments to thetaxicabordinance with particular reference to the number of cars permitted each company and the granting of permits also be considered. Motion by Roberts, seconded by Bigler and passed that the date of April 9th, during a special Council meeting at 2:00 p. m., be set for a public hearing re an application of Buccaneer Days Commission for a Special Council Permit; and that the date of April 30th, during a special Council meeting at 2:00 p. m., be set for a public hearing on 5 zoning cases; and that the City Secretary publish the proper notices of same. ORDINANCE NO. 4769 RECEIVING AND ACCEPTING THE WORK OF CONSTRUCTION OF NORTH BEACH COLLECTION SYSTEM, PROJECT 8-53-7, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, PERFORMED BY T. H. LEE, CONTRACTOR, UNDER HIS CONTRACT WITH THE CITY DATED OCTOBER 10,19569 AS AUTHORIZED BY ORDINANCE N0. 4642; AUTHORIZING FINAL PAYMENT OF $26,433.72 FROM NO. 297 SANITARY SEWER BOND IMPROVEMENT FUNDS PREVIOUSLY APPROPRIATED FOR CONSTRUC- TION AND CONTINGENCIES, IN ACCORDANCE WITH THE FINAL ESTIMATE DATED MARCH 15, 19573, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye Minor Culli Absent B. E. Bigler Aye Manuel P. Maldonado Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye W. J. Roberts Aye Minor Culli Absent B. E. Bigler Aye Manuel P. Maldonado Aye ORDINANCE N0. 4770 RECEIVING AND ACCEPTING THE WORK OF REMODELING AND ALTERATIONS.TO CENTRAL FIRE STATION, PROJECT 5-53-3, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, PERFORMED,BY PRICE CONSTRUCTION COMPANY, UNDER THEIR CONTRACT WITH THE CITY DATED DECEMBER 17, 1956, AS AUTHORIZED BY ORDINANCE NO. 4688; AUTHORIZING FINAL PAYMENT OF $6,452.20 FROM CONSTRUCTION FUNDS PREVIOUSLY APPROPRIATED FROM N0. 212 FIRE FACILITIES BOND IMPROVEMENT FUND; AND DECLARING AN EMERGENCY. 228 The Charter Rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye Minor Culli Absent B. E. Bigler Aye Manuel P. Maldonado Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye W. J. Roberts Aye Minor Culli Absent B. E. Bigler Aye Manuel P. Maldonado Aye Motion by Roberts, seconded by Maldonado.and passed that the meeting be recessed until 3:00 o'cl which was the published time for the public hearing on Louisiana Street Improvements. Mayor Smith announced the Council would now reconvene and hold the Public Hearing on the proposed Louisiana Street Improvements. (See transcript prepared by the Legal Department.) There being no further business to come before the Council, the meeting was adjourned.. I, Farrell D.,Smith, Mayor of -the City of Corpus -Christi, Texas, certify that the foregoing minutes, same being for the period of January 8, 1957, to March 27, 1957, inclusive, and having been previously approved by Council action, are by me hereby approved. FARRELL D. SMITH, Mayor The City of.Corpus Christi, Texas REGULAR COUNCIL MEETING April 3, 1957 2:00 p. m. PRESENT: Mayor Farrell D. Smith Commissioners: W. J. Roberts B. E. Bigler Manuel P. Maldonado Mayor Farrell D. Smith called the meeting to order. City Manager Russell E. McClure City Attorney I. M. Singer Acting City Secretary Doris Francis City Secretary T. Ray Kring Motion by Roberts, seconded by Maldonado and passed that Doris Francis be appointed Acting City Secretary during the absence of Mr. Kring from the meeting. excused. The Invocation was given by Dr. Carl E. Hereford, of The First Baptist Church. Acting City Secretary Doris Francis called the roll of those in attendance. Motion by Bigler, seconded by Maldonado and passed that the absence of Commissioner Culli be Motion by Roberts, seconded by Bigler and passed that the minutes of the regular meetings of March 20th and March 27th be approved. Mayor Smith announced that the canvassing of the returns and declaring the results of the April 2nd Election, and the administering of the Oaths of Office and installation of officials would be deferred until City Secretary Kring arrived at the meeting with the tabulation of the results. Mayor Smith announced the Council would next hear the City Manager's Reports. Motion by Maldonado, seconded by Roberts and passed that $1,072.50 be appropriated for payment to the Texas Land Company for a 10 -inch sewer line extension to Parklane Addition. Motion by Bigler, seconded by Roberts and passed that the City Manager be authorized to advertise for bids to be received April 24th for a quantity of Copper Pipe of various sizes for Warehouse Stock. After a very brief recess, the meeting was called to order, and Mayor Smith invited anyone in the audience with petitions or information for the Council on matters not scheduled on the agenda, to come forward and be heard. Mr. Ted Anderson, 3330 Casa DeAmigos, supported by Mr. C. W. John and Mr. George Dillon, appeared as officers of the Portairs Area Improvement Associates —congratulated the Mayor and Council on its successful campaign, and asked for the Council's support on a general plan for improvement of the Portairs area based on the 229 fact that they feel that they represent a group of 75 businesses actively participating in the shopping area and about 280 businesses presently operating between Lexington Blvd. and the Holsum Bakery. He suggested that most important was the street lighting similar to that on Staples and the resurfacing from where it was stopped at Norton continuing out to the Boulevard, on the basis of the last traffic count at the intersection which showed it to be the second most used in the City. Mr. Anderson requested that the City -owned property immediately in the inter- section of Port and Ayers be paved and access cuts from Port and Ayers be made; that Cuiper Street be extended from Ayers through -the vacant property to Port; that McArdle be opened to provide access to the area; and that the present plan to extend Brawner Parkway along Ramsey to Horne be carried out as soon as feasible. Mr. Anderson emphasized that his was not a pressure group but an organization of businessmen and property owners designed to help effect these requests, realizing that problems which are most pressing deserve first attention. Mayor Smith thanked Mr. Anderson for the information just given the Council, and for his manner in presenting it, and assured him that the problems of the area he had just pointed out would be thoroughly looked into and appropriate action taken. ORDINANCE N0. 4771 APPROPRIATING THE SUM OF $1,072.50 FROM THE UNAPPROPRIATED BALANCE OF THE SEWER FUND TO REIMBURSE TEXAS LAND COMPANY FOR THE CITY'S'PORTION OF THE SEWER LINE EXTENSION TO PARK LANE ADDITION IN ACCORDANCE WITH SECTION 5, SUB -SECTION (9) OF ORDINANCE NO. 4168; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye Minor Culli Absent B. E. Bigler Aye Manuel P. Maldonado Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye W. J. Roberts Aye Minor Culli Absent B. E. Bigler 1, Aye Manuel P. Maldonado Aye ORDINANCE NO. 4772 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A REAL ESTATE SALES CONTRACT WITH JOE HROCH, SR., AND WIFE MARY HROCH, FOR THE PURCHASE BY THE CITY OF A TRACT OF LAND CONTAIN- ING 32.32 ACRES OF LAND OUT OF TRACTS 13 AND 14, OF THE WM. J. ROBERTSON TRACT, AT A COST OF $22,640.00 FOR A SEWER DISPOSAL PLANT SITE AND OTHER MUNICIPAL AND PUBLIC PURPOSES BOUNDING SARATOGA BLVD.; AND AUTHORIZING AND DIRECTING THE CITY MANAGER AS A PART OF THE CONSIDERATION FOR SAID PURCHASE TO RECOGNIZE AN EXISTING FARM LEASE ON SAID PROPERTY IN BEHALF OF WILLIE HROCH FOR A TERM ENDING SEPTEMBER 30, 1957, WHICH FARM LEASE HAS BEEN RE- DUCED TO WRITING AND TO BE EXECUTED BY THE CITY MANAGER, COPIES OF SAID SALES CONTRACT AND FARM LEASE BEING ATTACHED HERETO AND MADE A PART HEREOF; AUTHORIZING THE PAYMENT OF $10.00 OUT OF THE SANITARY SEWER MAINTENANCE FUND FOR PAYMENT AS EARNEST MONEY IN THE EXECUTION OF SAID CONTRACT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye Minor Culli Absent B. E. Bigler Aye Manuel P. Maldonado Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye W. J. Roberts Aye Minor Culli Absent B. E. Bigler Aye Manuel P. Maldonado Aye Mayor Smith declared a brief recess. The•meeting was called to order, and City Secretary Kring read the tabulations of the results of the April 2nd City Election. 230 ORDINANCE N0. 4773 CANVASSING RETURNS AND DECLARING THE RESULTS OF THE GENERAL ELECTION FOR THE PURPOSE OF ELECTING THE MAYOR AND COMMISSIONERS OF THE CITY OF CORPUS CHRISTI HELD ON THE 2ND DAY OF APRIL, 1957; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye Minor Culli Absent B. E. Bigler Aye Manuel P. Maldonado Aye The foregoing.ordinance was passed by the following vote: Farrell D. Smith Aye W. J. Roberts Aye Minor Culli Absent B. E. Bigler Aye Manuel P. Maldonado Aye. ORDINANCE NO. 4774 CANVASSING RETURNS AND DECLARING THE RESULTS OF AN ELECTION ON THE QUESTIONS OF PROPOSITION NO. 1 - WHETHER OR NOT THE CITY SHOULD GRANT A THIRTY (30) YEAR LEASE TO THE STATE PARK BOARD OF THE STATE OF TEXAS OF APPROXIMATELY 400 ACRES OF LAND NEAR LAKE MATHIS; PROPOSITION NO. 2 - WHETHER OR NOT THE CITY SHOULD GRANT A THIRTY (30) YEAR LEASE TO THE GULF COAST COUNCIL OF THE BOY SCOUTS OF AMERICA OF APPROXIMATELY 115 ACRES OF LAND NEAR LAKE MATHIS; PROPOSITION NO. 3 WHETHER OR NOT THE CITY SHOULD GRANT A THIRTY (30) YEAR LEASE TO THE CORPUS CHRISTI GIRL SCOUT COUNCIL, INC., OF APPROXIMATELY 41 ACRES OF LAND NEAR LAKE MATHIS; AND PROPOSITION NO. 4 - WHETHER OR NOT THE CITY SHOULD GRANT A THIRTY (30) YEAR LEASE TO THE CAMP FIRE GIRLS, INC., OF APPROXIMATELY 21.8 ACRES OF LAND NEAR LAKE MATHIS; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith W. J. Roberts Minor Culli B. E. Bigler Manuel P. Maldonado The foregoing ordinance was passed by the following vote: Council table. Farrell D. Smith W. J. Roberts Minor Culli B. E. Bigler Manuel P. Maldonado • Aye Aye Absent Aye Aye Aye Aye Absent Aye Aye Mayor Smith asked the newly elected members of the Council to come forward and take places at the The Honorable Cullen W. Briggs, Judge of the 117th District Court, stated that it was indeed a pleasure to administer the Oath of Office to this Council and that they were all men of such high integrity, patriotism, character and devotion to duty that they would actually need no Oath of Office in order to perform their duties. Judge Briggs first administered the Oath of Office to Farrell D. Smith as Mayor of the City of Corpus Christi, Texas, and then to W. J. Roberts, B. E. Bigler, Manuel P. Maldonado, Arthur James, Charlie J. Aills, and Odel Ingle, as Commissioners of the City of Corpus Christi, Texas. Judge Briggs handed the seven Oaths of Office, duly executed, to the City Secretary for filing, as the duly elected officials to serve until the first Tuesday in April, 1959. Mayor Smith expressed the appreciation of the entire Council to their families and friends who had honored them with their presence at this Council meeting, and promised that the Council would do their very best to justify the honor and faith shown to them by the citizens of Corpus Christi. Motion by James, seconded by Ingle and passed that Commissioner W. J. Roberts be made Mayor Pro -tem. Motion by Bigler, seconded by Roberts and passed that the meeting be adjourned. PRESENT: 231 Mayor Farrell D. Smith Commissioners• W. J. Roberts B. E. Bigler Manuel P. Maldonado Arthur R. James Charlie J. Aills Odell Ingle SPECIAL COUNCIL MEETING April 9, 1957 2:00 p. m. City Manager Russell E. McClure City Attorney I. M. Singer City Secretary T. Ray Kring. Mayor Farrell D. Smith called the meeting to order. City Secretary Kring called the roll of those in attendance. Mayor Smith announced the purpose of the special meeting was to hold public hearings on an applica- tion for a Special Council Permit and three applications for changes in zoning. Mayor Smith announced the first case to be heard was the application of Buccaneer Days Commission for a Special Council Permit to hold Buccaneer Days celebration from April 26 through May 6, 1957, on the area bounded by the west curb line of East Shoreline Drive, the east curb line of West Shoreline Drive, the south wall of the Coliseum and a line 270 feet south of and parallel to the south curb line of Park Avenue. Mayor Smith read the recommendation of the Zoning & Planning Commission for approval subject to the standard requirements established for this and other enterprises of a similar nature, which includes Public Works, Fire, Police and Inspection requirements. No one present desired to speak either for or against the application. Motion by Roberts, seconded by Maldonado and passed that the hearing be closed, and the Special Council Permit be granted in accordance with the recommendation of the Zoning & Planning Commission. Next was the application of Parkway Home for Girls for Amendment to the Text of the Zoning Ordinance as follows: ARTICLE VIII. "A-1" First Apartment House District. Section 1. Use Regulations. To add thereto the following: '.'3(a) Tax supported, welfare agency sponsored homes consisting of one (1) or two (2) persons acting as housemother or housemothers or parents and not more than 9 related or unrelated non -delinquent minor children." ARTICLE XX. Special Council Permit. Section 2. Conditional Uses To add thereto the following: "12. Tax supported, welfare agency sponsored homes consisting of one (1) or two (2) persons acting as housemother or housemothers or parents and not more than 9 related or unrelated non -delinquent minor children." Mayor Smith gave the background of the application and read the recommendation of the Zoning & Plann- ing Commission for approval of the amendment to Article XX and for denial of the request for amendment to Article VIII on the basis that this use can best be handled in those districts more restricted than the "A-2" by Special Council Permit, and also this additional use in the "A-1" district, now only residential in nature, may lead to further breakdown and future difficulties in connection with the "A-2" district. Marshall Boykin appeared in behalf of the Parkway Home for Girls, supported by Mrs. Louise Russell, Frank Peerman, Mrs. Carroll Jones, Tony Zapeda and Henry Knolle all members of the Board, and Frank Clements of the Child Welfare Board. Mr. Boykin requested that the amendment to Article VIII also be approved on the basis that the Home is comprised of mostly teenage girls from either broken homes or homes unable to support them, and who are in dire need of a home and the protection it affords as distinctive from an institution which is so marked; that they are better behaved than most teenagers; and•that the Board should not have to come before the City Council and get special permission to provide homes for these girls. He further stated that their biggest problem is tryi to find suitable surroundings for these girls. Mr. Boykin was also concerned with locations for future homes that obviously will have to be established and urged the amending of Article VIII to permit such uses in "A-1" areas. Mrs. Snider, President of Parkway Home for Girls, presented a letter of recommendation of the conduct of the girls from their present near neighbor. 232 No one else desired to speak on the matter. Motion by Maldonado, seconded by Bigler and passed that the hearing be closed and both amendments to Article VIII and Article XX be approved. Next was the application of Lexington Nursery, Inc. for a change of zoning from 1IR-1" One -Family Dwelling District to "B-1" Neighborhood Business District on a tract of land containing 1.83 acres more or less, generally that property located at the east corner of the intersection of Rodd Field Road and Lexington Boulevard. Mayor Smith read the recommendation of the Zoning & Planning Commission for denial on the basis that no public necessity had been demonstrated, that the area covered appears greater than any possible need at this time; and that the proposed business area does not fit into any overall plan for future development of this area. Bill Anderson, attorney, representing the applicants, and stated that they had definite plans in mind for the area, and read a letter from Sinclair in regard to a filling station location in support of his client's proof of public necessity. A letter received from R. E. Laird of the County Right -of -Way Department advising that they are at this time having to condemn the Controlled Access Rights on a portion of this lot was noted for the record. No one appeared in opposition to the application. Motion by Bigler, seconded by Maldonado and passed that the hearing be closed and the matter taken under advisement. Next was the application of Victor Moses for a change of zoning from "R-1" One -Family Dwelling District to "B-3" Secondary Business District on Lots 9, 10, 11, 12, and all that portion of Lots 14, 15 and 16, Block 5, lying east of Port Avenue, also known as Highway No. 96, Broadmoor Park Addition No. 1, generally that 4 property located on the NE corner of the intersection of Tarleton Street and South Port Avenue. Mayor Smith read the background of the application and the recommendation of the Zoning & Planning Commission for denial on the basis that no public necessity had been demonstrated and that the introduction of a Business zone at this location would interfere with the use of the facing property along David Street which is zoned and deed restricted for residential purposes.. Victor Moses appeared in his own behalf, and stated that he had had the deed restrictions removed, and that since the new highway was going to take his business property on Antelope, he was requesting business zoning on this property in order to support himself, and that there was already existing business all along this area. Mayor Smith explained to Mr..Moses that the exact location of an alternate -freeway route than the one proposed in .this area had not as yet been definitely established, and that until such time as it was so establ the utility cross roads established, there was the possibility that part or all of the property involved in this application might be needed, and if so, the Council could not now invite Mr. Moses to build and then perhaps have, to pay a higher price for the right-of-way because of the improved property and resulting damages. Motion by James, seconded by Ingle and passed that the hearing be closed and the matter taken under advisement. There being no further business to come before the Council, the special meeting was adjourned. PRESENT: Mayor Farrell D. Smith Commissioners: W. J. Roberts B. E. Bigler Manuel P. Maldonado Arthur R. James Charlie J. Aills Odell Ingle REGULAR COUNCIL MEETING April 10, 1957 2:00 p. m. City Manager Russell E. McClure City Attorney I. M. Singer City Secretary T. Ray Kring Mayor Farrell D. Smith called the meeting to order. The Invocation was given by Reverend Sidney R. Smity, of First Congregational Church. , and 223 City Secretary Kring called the roll of those in attendance. Motion by Bigler, seconded by Maldonado and passed that the minutes of the regular meeting of April 3rd be approved. Mayor Smith announced a public hearing on three matters, the first being the change of street name of Shamrock Road in Schanen Estates Subdivision to Del Starr Drive to eliminate a duplication with an existing street name in Cullen Place Subdivision. No one appeared to speak either for or against the foregoing application. Motion by Bigler, seconded by James and passed that the change of name be authorized. Next was the application of A. L. Rankin for a change of zoning from 11R-1" One -Family Dwelling District to "B-1" Neighborhood Business District on 150 feet on Gollihar Road from Prescott Street. Mayor Smith read the proceedings and the recommendation of the Zoning and Planning Commission for approval for 150 feet along Gollihar from Prescott, subject to the submission and approval of a final plan of this unit. Mr. Burr, of the Zoning & Planning Department, explained for the record that this application was II -1 for'B-1" zoning on 150 feet of the Rankin tract -taken out of the original application of Rankin, Braslau, Rychet Hamlett and Dillon for "L -I" on a tract of land generally being described as that area north of Gollihar Road, east of Prescott Park Subdivision, south of Rosalie Boulevard and.west of Port Avenue, of which application the Council had already resolved the George M. Dillon portion of. the application. George Prowse, attorney, appeared representing Mr. Rankin. No one appeared in opposition to the application. - Motion by Ingle, seconded by Roberts and passed that the hearing be closed, and the application be approved in accordance with the recommendation of the Zoning & Planning Commission for "B-1" Neighborhood Business District zoning at the corner of Gollihar and Prescott extending 150 feet along Gollihar Road. Next was the application of Mrs. Mac W. Williams for a change in zoning from 1IR-1" One -Family Dwelling District to "B-3" Secondary Business District on the rear 200 feet of Lots 2-9, Block 1, Boulevard Place which had been postponed from February 5th. It was noted for the record that Mrs. Williams had this day requested an indefinite postponement of the hearing due to illness. Mr. Burr located the property on the map and explained the background of the application. Neil Fulgen, Jr., 2821 Naples, appeared and stated that his folks owned Lots 5 & 6; that the property had no value as residential property; and that they felt it should be zoned for business since the proposed highway would be taking 90 feet of the property. Mayor Smith explained to Mr. Fulgen the original zoning at the time of the acquisition of right-of- way by the County, and that there had been talk among the applicants of getting together and giving back to the County the money paid them on the basis of damages to their residential property in favor of the greater need for business zoning, but that the Council had heard no more about it. Motion by Bigler, seconded by James and passed that the matter be taken under advisement, and the price paid for the right-of-way be ascertained and other related information be provided. Mayor Smith announced the Council would next hear the City Manager's Reports. Motion by Maldonado, seconded by Bigler and passed that the City Manager be authorized to advertise for bids to be received for a quantity of Oxygen & Acetylene; for approximately $10,000 of Dresser Pipe Repair Sleeves; for the City Depository; and for miscellaneous Mechanical Joint Fittings with Pipe.costing approximately $77,000. Motion by Roberts, seconded by James and passed that the Tax Error & Correction List and Supplemental Roll for March be approved. Motion by Bigler, seconded by Roberts and passed that the alterations to Memorial Coliseum by Malone Construction Company be accepted and final payment in the amount of $4,320.00 be authorized. 234 Motion by Maldonado, seconded by Roberts and passed that May 14, 1957, during a special meeting at 2:00 o'clock, p. m., be set for a public hearing on,two zoning applications, and that the City Secretary publish proper notice of same. Motion by Roberts, seconded by James and passed that W. M. Goldston and William H. Johnson be :,appointed to membership on the Board of Adjustment to fill the unexpired terms of Arthur R. James and L. 0. Ingle, "II both resigned. Motion by Ingle, seconded by James and passed that James M. Wilson and James H. Young be appointed to membership on the Traffic Safety Advisory Board to serve until May 1, 1959, replacing J. H. Dillion, removed from the City, and Lew Borden, resigned. ORDINANCE -NO. 4775 RECEIVING AND ACCEPTING THE WORK OF REPAIRS TO THE EAVE OVERHANG AT THE MEMORIAL COLISEUM IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, PERFORMED BY MALONE CONSTRUCTION COMPANY, UNDER THEIR CONTRACT WITH THE CITY DATED FEBRUARY 11, 1957, AS AUTHORIZED BY ORDINANCE NO. 4730; AUTHORIZING PAYMENT OF FINAL ESTIMATE, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, DATED APRIL 8, 1957, IN THE AMOUNT OF $4,320.00 TO BE PAID FROM FUNDS IN THE EMERGENCY AND NON-RECURRING ACCOUNT; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye ORDINANCE NO. 4776 APPROPRIATING THE SUM OF $20,880.00 OUT OF NO. 220 STREET BOND,IMPROVEMENT FUND FOR THE ACQUISITION OF LAND TO BE USED FOR THE RIGHT OF WAY FOR PARKWAY THOROUGH- FARES EXTENDING FROM BRAWNER PARKWAY TO SOUTH STAPLES STREET; AUTHORIZING THE CITY MANAGER TO ACQUIRE SUCH RIGHT OF WAY IN CONNECTION WITH THE EXCHANGE OF PARCELS OF LAND NEEDED IN SUCH PARKWAY PROJECT FOR PARCELS OF LAND HERETOFORE INCLUDED WITHIN THE RIGHT OF WAY OF DODDRIDGE STREET AND CLOSED EXCEPT FOR TEMPOR- ARY USE AS.RIGHT OF WAY FOR AN EXISTING WATER MAIN; AND•DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith W. J. Roberts B. E. Bigler Manuel P. Maldonado Charlie J. Aills Arthur R. James Odell Ingle The foregoing ordinance was passed by the following vote: Farrell D. Smith W. J. Roberts B. E. Bigler Manuel P. Maldonado Charlie J. Aills Arthur R. James Odell Ingle Aye Aye Aye Aye Aye Aye Aye Aye Aye Aye Aye Aye Aye Aye Mayor Smith invited anyone with petitions or information for the Council on matters not scheduled on the agenda to come forward and be heard. Cuban F. Burbank, 1127 Ocean Drive, read a prepared statement which he handed to the City Secretary, condemning the proposed Housing Standards Code pending before the City Council. Mayor Smith answered that the Council is not un-American, not trying to open doors to corruption or to any other of the features included in Mr. Burbank's statement. He further stated that the Council is still studying the proposed Code, and that since Mr. Burbank has publicly stated that he is in favor of cleaning up the slum areas of the City, constructive and not destructive criticism can be the only real help to the Council in 225 furthering this project for the betterment of the entire city. Gilbert Isenberg wished to offer his delayed but nevertheless sincere congratulations to the Council on its election and his appreciation of the qualified men in the present administration. He then read a prepared statement (which he stated he would provide the City Secretary for the record) in regard to the Knolle Dairy Law- suit which the City has filed and to which he objects and requests the withdrawal of the suit. It was noted for the record that two petitions have been received from Reynaldo G. Perez of 2630 Segrest, with about 10 signatures each, one requesting that the ditches in the 2600 and 2700 blocks of Segrest be cleaned of rubbish and weeds, and the other requesting two street lights spaced along these two blocks. Motion by Ingle, seconded by Bigler and passed that the meeting be adjourned. PRESENT: Mayor Farrell D. Smith Commissioners: W. J. Roberts B. E. Bigler Manuel P. Maldonado Arthur R. James Charlie J. Aills Odell Ingle REGULAR COUNCIL MEETING April 17, 1957 2:00 p. m. City Manager Russell E. McClure City Attorney.I. M. Singer City Secretary T. Ray Kring Mayor Farrell D. Smith called the meeting to order. The Invocation was given by Reverend Robert Kamrath, of Mt. Olive Lutheran Church, Missouri Synod. City Secretary Kring called the roll of those in attendance. Motion by James, seconded by Roberts and passed that the minutes of the Special meeting of April 9th and the Regular meeting of April 10th be approved. following: Mayor Smith announced the opening of bids. Bids were opened and read for various sizes and quantities of Steel Pipe and Weld Ells from the Alamo Iron Works Allied Plumbing Co. Atlas Pipe, Inc. Crane Co. Gulf Supply Co. Norvell-Wilder Rothschild Independent Salvage SAMSCO So. Texas Pipe & Supply Co. Tex -Tube Co. Wallace Co. Motion by Roberts, seconded by Maldonado and passed that the foregoing bids be tabled for 48 hours as required by the City Charter, and referred to the City Manager for tabulation. following: Bids were opened and read on Lease of Marine{Filling Station on the Lawrence Street "T -Head" from the Ada Oil Company Gulf Oil Corp. Humble Oil & Refining Co. Magnolia Petroleum Co. Sinclair Refining Co. The Texas Company Motion by Roberts, seconded by Bigler and passed that the foregoing bids be tabled for 48 hours as required by the City Charter, and referred to the City Manager for tabulation. Bids were opened and read on quarterly Fuel Requirements of regular gasoline, premium gasoline, diesel fuel and kerosene from the following: Ada Oil Company Crystal Petroleum Co. Gulf Oil Corp. Humble Oil-.& Refining Co. Sinclair Refining Co. The Texas Company Texas Star Oil Co. Motion by Roberts, seconded by Bigler and passed that the foregoing bids be tabled for 48 hours as required by the City Charter, and referred to the City Manager for tabulation. FE 236 Mayor Smith announced the next matter would be a Public Hearing on the appeal of the Taxicab •`Inspector's granting of additional permits to Coastal Bend Rent -a -Car, Inc., and consideration of amendments to the rent -a -car ordinance. Owen D. Cox, attorney for Coastal Bend Rent -a -Car, Inc., stated they were ready to present their case for the granting of the 10 additional permits for rent -cars under their franchise, and that because of the consideration which was to be given to revising the ordinance covering the application and granting of these per - wits, he had agreed with the attorneys for the competing rent -a -car companies that he would ask for only the 10 additional permits granted by the Taxicab Inspector instead of the 15 for which they had applied. He further stated that the matter of the revision of the ordinance had been discussed among the attorneys of the present holders of rent -a -car franchises, and they were in agreement that within 30 days they should be able to study the ordinance together with the City Attorney's Office, and make suggested revisions of various provisions, and be ready to present an amended ordinance to the Council which would better serve both the operating companies and the City. Mr. Cox stated that Mr. Price of Coastal Bend Rent -a -Car, Inc., was prepared to present evidence in support of his company's proof of need and public necessity for the additional permits that had been granted by the Taxicab Inspector. Howard Sudduth, attorney for Corpus Christi Transportation Co., stated that he would withdraw his objection to the granting of these permits in view of the impending revision of the ordinance if the Council would allow his client the same privilege during this 30 -day period. Upon its being pointed out to Mr. Sudduth that the Council could not, under the present ordinance, grant such a request, Mr. Sudduth stated that he would offer no objection if he could have reasonable assurance from the Council that there would be good faith in the consideration of the changes to be presented to the Council after the 30 -day period. The Council stated that if, during the 30 -day study period, the other franchise holders desired to make the proper application for more permits under the present ordinance, the Council would do all in its power to expedite the holding of the proper hearings on the matter. Motion by Bigler, seconded by Aills and passed that the hearing be -closed and the 10 additional permits granted by the Taxicab Inspector to Coastal Bend Rent -a -Car be approved. Motion by Bigler, seconded by James and passed that each of the attorneys of the present franchis holders, together with the City Attorney's office, be appointed a committee to study and revise the ordinance in question for submission to the Council within 30 days. Mayor Smith announced the consideration of three pending items before the Council. Motion by Roberts, seconded by Bigler and passed that the request of Sammy Gold for an amendment to the Zoning Ordinance to allow photographers, professional services only and not involving any retail sales in photographic equipment or supplies, to be added to the Use Regulations for "A-2" Second Apartment House District be denied. The application of Huddleston Enterprises and Parkdale Developers, Inc., for changes in zoning from "R-1" to "A-1" involving Lots 13 -.to 22, Block 9, and Lots 1 to 6, Block 13, Parkdale Village and Lots 1 to 11, Block 4, Parkdale Village, in the 4500 and 4600 block of Gollihar, were deferred for further study of the property. Motion by Bigler, seconded by Maldonado and passed that the application of Lexington Nursery, Inc., for a change in zoning from "R-1" to "B-1" on property located at the east corner of the intersection of Rodd Field Road and Lexington Boulevard containing 1.83 acres more or less, be denied. Mayor Smith announced the Council would next hear the City Manager's.Reports. Motion by Bigler, seconded by Maldonado and passed that the Staples Street Improvements from Hamlin to Gollihar, be accepted andJfinal payment of $12,387.07 be authorized. Motion by James,,seconded by Roberts and passed that the City Manager be authorized to advertise for b'4s on various quantities and sizes of Brass Service Fittings for Warehouse Stock, and for bids for 800' of 'curb,od gutter around Oak Park. 23'7 Motion by Roberts, seconded by Maldonado and passed that the Master Airport Plan be approved, and the City Manager be authorized to sign it and submit it to the C.A.A. for approval. Motion by Bigler, seconded by Ingle and passed that it be noted in the record that the Council is agreeable to any slight alteration of the plan within the physical limitations on the ground as may be desired by mutual consent of the C.A.A. and the City. Motion by Roberts, seconded by James and passed that the date of May 1, 1957, be set for a public. hearing on the application of Chapman & Poland Oil Company for a permit to drill a test well on the south 75 acres out of Share "C" of the McBride Estate, known as the G. W. Hatch, Sr., Number One Well, and that the City Secretary publish the proper notice. ORDINANCE NO. 4777 CHANGING THE NAME OF SHAMROCK ROAD IN SCHANEN ESTATES SUBDIVISION IN THE CITY OF CORPUS CHRISTI, NEUCES COUNTY, TEXAS, TO DEL STARR DRIVE; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye The above ordinance was passed by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye ORDINANCE NO. 4778 AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE RELEASES OF PAVING LIENS AS FOLLOWS: ONE (1) PAVING LIEN ON NIAGARA STREET; THIRTEEN (13) PAVING LIENS ON SOUTH STAPLES STREET; TWO (2) PAVING LIENS ON SANTA FE STREET; AND TWO (2) PAVING LIENS ON ALAMEDA STREET, A LIST OF THE PERSONS, PROPERTY AND AMOUNTS BEING HEREIN ITEMIZED, SAID RELEASES TO BE IN SUBSTANTIALLY THE FORM ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye The above ordinance was passed by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle • Aye ORDINANCE NO. 4779 AMENDING ORDINANCE NO. 4662 PASSED AND APPROVED BY THE CITY COUNCIL ON THE 31ST DAY OF OCTOBER, 1956, BY AMENDING SECTION-3`OF SAID ORDINANCE, CORRECTING AND ADJUSTING THE ASSESSMENTS LEVIED AGAINST ABUTTING PROPERTY OWNERS ON SOUTH STAPLES STREET FROM THE SOUTHEASTERN BOUNDARY LINE OF HAMLIN DRIVE TO A POINT 853.7 FEET SOUTHEAST OF THE SOUTHEASTERN BOUNDARY LINE OF EVERHART ROAD, THE PORTION OF EVERHART ROAD FROM THE SOUTHWESTERN BOUNDARY LINE OF SOUTH STAPLES STREET TO THE SOUTHWESTERN BOUNDARY LINE OF GOLLIHAR ROAD, AND THE PORTION OF GOLLIHAR ROAD FROM THE SOUTHEASTERN BOUNDARY LINE OF EVERHART ROAD TO THE SOUTHWESTERN BOUNDARY LINE OF SOUTH STAPLES STREET; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Ave 238 The above ordinance was passed by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye ORDINANCE NO. 4780 RECEIVING AND ACCEPTING THE WORK OF CONSTRUCTION OF STREET IMPROVEMENTS FROM HAMLIN TO GOLLIHAR ON SOUTH STAPLES STREET, PROJECT 1-53-2.3, PERFORMED BY HELDENFELS BROTHERS UNDER THEIR CONTRACT WITH THE CITY DATED OCTOBER'_10, 1956, AS AUTHORIZED BY ORDINANCE NO. 4639; AUTHORIZING PAYMENT'OF FINAL ESTIMATE, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, DATED APRIL 9, 1957, IN THE AMOUNT OF $12,387.07 FROM CONSTRUCTION FUNDS PREVIOUSLY APPROPRIATED FROM NO. 220 STREET BOND IMPROVEMENT FUND AND NO. 295 STORM SEWER BOND IMPROVEMENT FUND; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye The above ordinance was passed by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye ORDINANCE NO. 4781 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A CONTRACT AND LEASE AGREEMENT CONSTITUTING A MONTHLY USE PRIVILEGE OF A PUBLIC FACILITY WITH ELMER E. DAVIS, LEASING TO THE SAID ELMER E. DAVIS THE WEST 42.78' OF THE EAST 57.78' OF LOTS 11 & 12, BLOCK 93, BEACH ADDITION TO THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FOR A PERIOD OF ONE (1) YEAR BEGINNING APRIL 1, 1957, AND ENDING MARCH 31, 1958, FOR AND IN CONSIDERATION OF THE TERMS AND CONDITIONS AS SET FORTH IN THE CONTRACT AND LEASE AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye The above ordinance was passed by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye. Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye ORDINANCE NO. 4782 AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH B'NAI ISRAEL SYNAGOGUE OF CORPUS CHRISTI, TEXAS, WHEREBY THE SYNAGOGUE AGREES TO CONVEY TO THE CITY TWENTY-FIVE (251) FEET, OF RIGHT OF WAY TO COMPLETE THE FORT WORTH STREET RIGHT OF WAY TO A WIDTH OF FIFTY (501) FEET AND TO INSTALL CURB AND GUTTER ADJACENT TO THE SYNAGOGUE WITH THE CITY TO IMPROVE THE STREET BY REWORKING THE BASE AND PUTTING A WEARING SURFACE THEREON SO AS TO HAVE A THIRTY (30') FOOT PAVED AREA OF FORT WORTH STREET ABUTTING SAID SYNAGOGUE PROPERTY; AUTHORIZING THE CITY MANAGER TO ACCEPT A RIGHT OF WAY DEED FROM THE SYNAGOGUE TO SAID TWENTY-FIVE (251) FEET, COPIES OF WHICH AGREEMENT AND DEED ARE ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye. B. E. Bigler Aye. .Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye The above ordinance was passed by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye ORDINANCE NO.'4783 ESTABLISHING THE BUILDING LINE ON THE NORTH SIDE OF LAREDO STREET THROUGH BLOCK 1, HOME PLACE ADDITION; ON THE SOUTH SIDE OF LAREDO STREET BETWEEN FOURTEENTH STREET AND TWENTY-FIRST STREET; ON THE WEST:'SIDE OF SIXTEENTH STREET BETWEEN LAREDO AND AGNES STREETS; ON THE NORTH SIDE OF AGNES STREET BETWEEN TWENTY-FIRST STREET AND A POINT 284.55 FEET WEST OF TWENTY-FIRST STREET SO AS TO ALLOW FOR A 60 -FOOT RIGHT OF WAY FOR THE CONTEMPLATED AGNES AND LAREDO STREET IMPROVEMENTS; CLOSING THE HEARING HELD FOR THE PURPOSE OF ESTABLISHING SUCH RIGHT OF WAY WIDTHS; DECLARING SAID STREETS OPENED AS SHOWN ON THE MAP ESTABLISHING BUILDING LINES ON SAID STREETS ON FILE IN THE OFFICE OF THE CITY SECRETARY; ADOPTING AND APPROVING SAID MAP ATTACHED HERETO AND MARKED "EXHIBIT A"; AND DECLARING AN EMERGENCY, The Charter Rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye The above ordinance was passed by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye Mayor Smith invited anyone with petitions or information for the Council on matters not scheduled on the agenda to come forward and be heard. No one appeared. Motion by Bigler, seconded by Roberts and passed that the meeting be adjourned. REGULAR COUNCIL MEETING April 24, 1957 2:00 p. m. PRESENT: Mayor Farrell D. Smith Commissioners: W.:J. Roberts City Manager Russell E. McClure B. E. Bigler City Attorney I. M. Singer Manuel P. Maldonado City Secretary T. Ray Kring Charlie J. Aills Arthur R. James Odell Ingle be approved. Depository. 229 Mayor Farrell D. Smith called the meeting to order. The Invocation was given by Reverend W. Y. Pond, of Morgan Avenue Baptist Church. City Secretary Kring called the roll of those in attendance. Motion by Ingle, seconded by James and passed that the minutes of the regular meeting of April 17th 4 Mayor Smith announced the opening of bids. The bid of Corpus Christi State National Bank, the only bid received, was opened and read for City Motion by Bigler, seconded by Roberts and passed that the foregoing bid be tabled for 48 hours as required by the City Charter, and referred to the City Manager for tabulation. Bids were opened and read on various quantities and sizes of Copper Pipe from the following: Alamo Iron Works Allied Plumbing Co. AMSTAN C. C. Hardware Co. Gulf Supply Co. M. Merfish 240 The Rohan Co. SAMSCO Crane Co. Motion by James, seconded by Maldonado and passed that the foregoing bids be tabled for 48 hours as required by the City Charter, and referred to the City Manager for tabulation. Bids were opened and read on Mechanical Joint Fittings with Pipe from the following: Alamo Iron Works James B. Clow C. C. Hardware Co.. Lone Star Steel Co. The Rohan Co. Iowa Valve Co. SAMSCO U. S. Pipe & Foundry Co. Viking Supply Co. Wallace Co. American Cast Iron Johns -Manville Gulf Supply Co. Crane Co. Motion by Roberts, seconded by James and passed that the foregoing bids be tabled for 48 hours as required by the City Charter, and referred to the City Manager for tabulation. Mayor Smith announced that the Appointments to Boards would be temporarily deferred. Mayor Smith announced that the Council would next'hear the City Manager's Reports. Motion by Ingle, seconded by James and passed that the sum of $628.00 be appropriated to cover the cost of test borings and property surveys in connection with the necessary engineering data for the West Side Sewer Plant. Motion by Roberts, seconded by Maldonado and passed that the award of a lease of the Marine Filling Station on the Lawrence Street "T -Head" be made to Magnolia Petroleum Company on the basis of their high bid of $125.00 per month rental, plus .01 cents per gallon on all deliveries of gasoline per month, and .0075 cents per gallon on all deliveries of Diesel fuel to the Marine Filling Station & Herndon Marine Products, Inc. per month. (See Bid Tabulation #19 in file). Mr. J. Gregory, representing the Sinclair Refining Co., explained his company's interpretation of the bid invitation as requiring that they stay within the $100.00 per month rental. He stated that he felt that Diesel fuel sales should be given consideration as a factor in affording greater amount of revenue for the City. Mayor Smith explained that the $100.00 rental was minimum, and that the item of Diesel fuel sales was fully considered in the study of the tabulations, but that the experience in actual Diesel fuel sales since 1954 had been decreasing, and that in the projection of base rental and percentage of revenue on a per gallon basis, Magnolia Petroleum Co. offered the high bid, and that the Council was quite gratified that this renewal of the 5 -year lease would result in 2k times the previous annual rental for the Filling Station. Motion by Roberts, seconded by Bigler and passed that the awards on Fuel Requirements be made on the basis of the low bids to the following: Regular gasoline to Gulf Oil Corporation for approximately 45,000 gals. per month at .1732 per gal.; Premium gasoline to Texas Star Oil for approximately 2,500 gals. per month, at .225 per gal.; Diesel fuel to Sinclair Refining for approximately 5,000 gals. per month, at .11 per gal.; and Kerosene to Ada Oil Co. for approxi- mately 4,500 gals. per month, at .1213 per gal. (See Bid Tabulation X20 in File). Motion by Bigler, seconded by Aills and passed that the date of May 14, 1957, be set for a public hearing on an amendment to the Zoning Ordinance, and that the City Secretary publish the proper notice. FIRST READING OF AN ORDINANCE REGULATING THE ACTIVITIES OF HOUSE MOVERS IN THE CITY OF CORPUS CHRISTI, TEXAS; PROVIDING FOR LICENSE FEES, AND OTHER FEES; PROVIDING THAT APPLICATION BE MADE OF THE DIRECTOR OF PUBLIC WORKS; REQUIRING BOND TO BE MADE; SETTING OUT PROCEDURE TO BE FOLLOWED IN THE MOVING OF ANY STRUCTURE; PROVIDING FOR REIMBURSEMENT OF EXPENSES TO THE CITY; DECLARING METH- OD OF REVOKING LICENSE; PROVIDING PENALTY FOR VIOLATION; REPEALING CONFLICTING ORDINANCES OR PARTS OF ORDINANCES; PROVIDING SAVING CLAUSE. 241 The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye ORDINANCE NO. 4784 AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE RELEASES OF SPECIAL ASSESSMENT AS FOLLOWS: (1) IN THE AMOUNT OF $259.86 AGAINST THAT CERTAIN PROPERTY FRONTING 66 FEET ON THE EAST SIDE OF ALAMEDA STREET, DESCRIBED AS BEING THE SOUTH 7 FEET OF LOT 35, LOT 36 AND 37, AND THE NORTH 9 FEET OF LOT 38 IN BLOCK 816, PORT ARANSAS CLIFFS, AND THE OWNER THEREOF E. F. DWORAK; (2) IN THE AMOUNT OF $207.53 AGAINST THAT CERTAIN PROPERTY FRONTING 60 FEET ON THE WEST SIDE OF SOUTH STAPLES STREET, DESCRIBED AS BEING LOT 19 IN BLOCK 11 OF LAWNDALE SUBDIVISION, UNIT 1, AND THE OWNER THEREOF JOHN H. WHITE, SAID RELEASES TO BE IN SUBSTANTIALLY THE FORM ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith,. Aye W. J. Roberts Aye B. E. Bigler. Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye ORDINANCE NO. 4785 AUTHORIZING AND DIRECTING,THE CITY MANAGER FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE A CONTRACT AND LEASE AGREEMENT CONSTITUTING A MONTHLY USE PRIVILEGE OF A PUBLIC FACILITY WITH MRS. J W: HUNNICUTT, LEASING TO THE SAID MRS. J. W. HUNNICUTT THE EAST 15' OF LOTS 11 & 12 AND ALL OF LOT 2, BLOCK 93, BEACH ADDITION TO THE CITY OF CORPUS CHRISTI; NUECES COUNTY, TEXAS, FOR AND IN CONSIDERATION OF THE TERMS AND CONDITIONS AS SET FORTH IN THE CONTRACT AND LEASE AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; PROVIDING FOR AN EFFECTIVE DATE; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: The foregoing ordinance was passed by the Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye Manuel P. Maldonado Aye following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye Manuel P. Maldonado Aye ORDINANCE NO. 4786 AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO CONVEY TO THE TEXAS NATIONAL GUARD ARMORY BOARD 5 ACRES OF LAND BY 2 GENERAL WARRANTY.DEEDS, THE FIRST OF WHICH SHALL BE A CONVEYANCE OF 2 ACRES OF LAND, A COPY OF WHICH DEED IS ATTACHED HERETO AND MADE A PART HEREOF, AND WHICH DEED SHALL BE IN LIEU OF THE FIRST DEED AUTHORIZED FOR AND NUMBERED 4745 EXECUTION AND DELIVERY BY ORDINANCE DATED JANUARY 30, 1957J AND THE SEGUND UF WHICH DEEDS SHALL BE IN THE SAME GENERAL FORM AS THE COPY ATTACHED HERETO AND COVER SUCH ADDITIONAL LAND ADJOINING THE LAND COVERED IN THE FIRST DEED SO AS TO COMPRISE A TOTAL OF 5 ACRES IN THE CONVEYANCES IN 2 DEEDS; AND DECLAR- ING AN EMERGENCY. 242 The Charter rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James, Aye Odell Ingle Aye ORDINANCE NO. 4787 APPROPRIATING THE SUM OF $628.00 FROM NO. 250 SANITARY SEWER -SYSTEM BOND IMPROVE- MENT FUND TO COVER TEST BORINGS AND PROPERTY SURVEYS INCIDENTAL TO ENGINEERING DATA ON THE WEST SIDE SEWER PLANT, PROJECT 8-54-9; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado _ Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye Motion by Bigler, seconded by James and passed that Mr. Joe Roscoe, realtor, Mr. Elbert Cox, realtor, and Mr. Ray Peterson of Saxet Heights, be appointed as the Board of Equalization for the City of Corpus Christi for the current year. Mayor Smith invited anyone in the audience with petitions or information for the Council on matters not scheduled on the agenda to come forward and be heard. Paul Vogler, 754 Omaha, stated that he reserved the right to agree or disagree with the Council. He then commended the:.Council on its stand in regard to street markers and on the proposed Housing Standards Code. There being no further business, the meeting was adjourned. PRESENT: Mayor Farrell D. Smith Commissioners• W. J. Roberts Manuel P. Maldonado Charlie J. Aills Arthur R. James Odell Ingle SPECIAL COUNCIL MEETING April 30, 1957 2:00 p.m. City Manager Russell E. McClure City Attorney I. M. Singer City Secretary T. Ray Kring Mayor Farrell D. Smith called the meeting to order. City Secretary Kring called the roll of those in attendance. Mayor Smith announced the opening of the Public Hearing on 5 zoning applications. First was the application of T. P. McCord for changes in zoning on 3 tracts of land as follows: TRACT 1: From "R-2" Two Family Dwelling District to "A-2" Second Apartment House District on a tract of land beginning at a point on the west right-of-way line of Baldwin Blvd., said point being northwesterly 183 feet from the center line of Ayers Street, continuing along said line 23 feet northwesterly, and having a uniform depth of 75 feet. TRACT 2: From "R-2" Two Family Dwelling District to "B-3" Secondary Business District on a tract of land beginning at a point on the west right-of-way line of Baldwin Blvd., said point being the most northeaster 243 southerly right-of-way line of Fig Street and having a uniform depth of 75 feet. TRACT 3. From "R-2" Two Family Dwelling District to "A-2" Second Apartment House District on a tract of land beginning at the intersection of the north right-of-way line of Fig Street and the west right-of-way line of Baldwin Blvd., thence northwesterly along said west right-of-way line of Baldwin Blvd., 391.99 feet and having a uniform depth of 75 feet. It was pointed out that the request as heard before the Zoning & Planning Commission had been for a change from "R-2" Two Family Dwelling District to "B-3" Secondary Business District on TRACT 1, and for a change from "R-2" Two Family Dwelling District to "A-2" Second Apartment House District on TRACT 2, instead of the reverse, as published in the Notice of this Public Hearing. After discussion it was decided that the application concern- ing TRACT 2 could be heard because it was for a lesser zoning than that advertised, but that the application for TRACT 1 would have to be re -advertised at the higher zoning. As this was satisfactory to all concerned, it was decided to hear the evidence of those present. Mayor Smith read the background of the case and the recommendation of the Zoning & Planning Commission for approval subject to the approval and filing of a plat of the property fixing the building lines and building area per lot in accordance with the plans submitted by the applicant, and the notation was read that the platting conditions under which this zoning application was approved have been complied with and final signatures of the Commission are being withheld pending the affirmative action of the City Council. Mr. R. W. Burr, Senior Planner, located the properties involved on the map and presented plats showing the proposed development of the properties for doctors, and dentists, offices and the Certificate of Dedication. Mr. T. P. McCord, the applicant, stated that this was the only feasible, economic use he had found for the properties. Mr. Maurice Parsons, 1501 Eunice Drive, speaking for himself and the other signers of the petition opposing this application which had been presented to the Commission, stated that the opposition would be withdrawn if they could be given some legally binding guarantee that the applicant will perform as orally stated. Truman McCord, Jr., presented petitions signed by approximately 120 property owners in Dahlia Terrace, as being in favor of the proposed development and rezoning. It was suggested that the matter be taken under advisement, and that while the Council is studying the application, the interested parties try to work out a reasonable and mutually satisfactory agreement. Motion by James, seconded by Roberts and passed that the hearing be closed, and the application be taken under advisement. The next case was the application of T. M. Gannaway, Jr. for a change in zoning from "A-2" Second Apartment House District to "B-1" Neighborhood Business District on that property having a frontage of 30.74 feet on Everhart Road measured southwesterly from a point 180 feet southwest of the original center line of Gollihar Road (Parkdale Drive) extending to a depth of 192.28 feet, being located at 4513 Everhart Road. Mayor Smith read the background of the application and the recommendation of the Zoning & Planning Commission for approval as a logical extension of an existing business zone over the balance of an individually held property, a part of the original zoning application in this location which remained unzoned since it lay outside of the then City Limits. granted. Mr. Burr located the property on the map. No one appeared either for or against the application. Motion by Maldonado, seconded by James and passed that the hearing be closed and the application be The next case was the application of Mrs. May Riggan for a change in zoning from "R-1" Single Family Dwelling District and "R-2" Two Family Dwelling District to "B-1" Neighborhood Business District on Lots 22, 23 and 24, Block 6, Tracy Addition, being generally that property located on the east corner of Riggan and 140 feet along Baldwin Blvd. Mr. Burr located the property on the map and gave the background of the proposed development. 244 Mr. William Shireman, attorney, represented the applicant, and further explained that the applicant maintained the residential property at either end of the requested business zoning which would act as a buffer. Mr. Snireman presented pictures of the area and a certified copy of an instrument removing the deed restrictions on the property. He also presented a letter signed Dy Mrs. S. R. Stone, 2617 Prescott, stating tnat as a resident opposite a tilling station she was not in any way inconvenienced or bothered by this type of business. Mr. R. C. Ludlow, stated that he was a salaried employee of the Texas Company in the capacity . of Real Estate Agent in Corpus Christi, and that he had worked out a service station proposition on the above property with the applicant which has been approved by their top management in Houston for recommendation to their New York office when rezoning is approved. He further stated that as a private citizen and home owner in Corpus Christi, he felt that since Baldwin Boulevard will eventually become a business zone it is in the public interest to establish substantial businesses with attractive buildings. No one appeared in opposition to the application. Mayor Smith disqualified himself from voting on the foregoing application because of certain legal representations. Motion by James, seconded by Maldonado and passed that the hearing be closed and the applica- tion taken under advisement. The next case was the application of Mrs. A. N. Blair & Others for a change in zoning from "H -I" Heavy Industrial District to "A-4" Tourist Court District on that property located along the east side of the 3700, 3800 and 3900 blocks of Timon Blvd. and extending to the Bay in a triangular form with the Southern Pacific Railroad's wye on all three sides. Mayor Smith read the background of the application and the recommendation of the Zoning & Planning Commission that the application be denied on the basis that the rezoning of the property involved would have no effect on the existing use and that such use, the basis of and reason for this application by surrounding property owners, would remain as a legally established non -conforming use and that such rezoning would not accomplish the applicants' desired end, and further that the present uncertainty regarding the future development of North Beach indicates it would be advisable to maintain the current status of zoning in this area. Mr. Burr located the property on the map and pointed out the usage of the surrounding area. Mrs. John Wilke, owner of the Timon Courts, 3811 Timon, requested the rezoning on the basis that the surrounding property owners and residents were suffering from the constant noise and cement dust of the plant, and requested that the City Council declare it a public nuisance. Mr. Herman Powell, owner.of Alura Courts at 3815 Timon, stated that the spot was a blemish on the City, that it was a "ridiculous sight for outsiders to see upon entering North Beach, that the cement dust had damaged the repainting he had done to try to help beautify his Courts, and that he had lost guests because of the operating plant. Mr. 0. D. Sale, Jr., Industrial Engineer for Southern Pacific Lines, stated that the area was zoned before the Tourist Courts built knowing the railroad was there and that a railroad attracts industry, that the railroad is essential to the economy and the continued growth of a city; that as long as the railroad continues to own the property and rent to this operation, the industry can stay:there and continue in operation, and that therefore the re -zoning would be of no advantage to the applicants, and requested that the application be denied. Motion by Ingle, seconded by Roberts and passed that the hearing be closed and the application be taken under advisement. The next case was the application of R. A. Long, Adrian J. Anderson, Sr., & Guaranty Title & Trust Co. for a change in zoning from "A-2" Second Apartment House District to 11B-3" Secondary Business District on Lots 12, 13, 14, 15 and 16, Block 3, Bay View Addition, being generally that property extending south from Buford 240 feet along the east side of Santa Fe, 135 feet in depth. Mayor Smith reviewed the application and the recommendation of the Zoning & Planning Commission 11 for denial on the basis that no public necessity had been demonstrated by the applicant for such a change. 11 245 Mr. Burr located the property on the map. Mr. Bob Bunting, attorney, representing Mrs. J. S. Miller, owner of Lots 143, 15 and 16, requested the business zoning on an economic basis for his client. Mr. Bill Anderson, representing Mr. Long, showed pictures of the building under construction, to show that it reflected the type of businesses across the street, and stated that Mr. Long intended to establish an office for the Electrolux Company, of which he is District Sales Manager, and that the nature of.this type of office would not be objectionable, and would not create parking problems. He further stated that when there is business zoning on three corners of an intersection, the remaining corner is also entitled to business zoning, and that the improved business property would be an advantage to the City. Mr. Edward Anderson, representing his father who owns Lot 12, stated that the character of the neighborhood has changed to such a degree that it is no longer fit for residential purposes. Mr. James Price, of Guaranty Title & Trust, representing Mrs. Miller as trustee, quoted figures to prove that Mrs. Miller's property has been decreasing in income during the last few years. Dr. G. R. Van Aken, owner of property directly opposite Mr. Long, stated that he had invested $17, in making his clinic and residence conform to the "A-2" zoning. He stated that Mr. Long was not developing his property for a clinic as had been represented at the Board of Adjustment meeting, and that many types of businesse allowed in the 11B-3" zoning district would he very objectionable to the clinics and hospitals in the area, as well as to the residents nearby, and that Mr. Long knew this was "A-2" zoning because he has tried before to get the zoning changed. He further'stated that most of the apartment houses are rented all the time in the neighborhood, and the Miller property could be too, if it were fixed up instead of being allowed to deteriorate. Miss Elizabeth Boone, 1105 Third Street, stated that she was opposed to any business on this resi- dential property since she makes her home there, and that trucks bringing supplies to Mr. Long's business building constituted a grave nuisance to the residents having to use the common alley for a driveway. Mr. E. M. Ostrom, 1115 Third Street, opposed the requested zoning and stated that any change in zoning would only create more traffic congestion. Mrs. Kathryn Collier, 724 Craig, referred to her written objection to the change in zoning, and stated that furthermore it is her home and has been since 1912, and that any change in zoning would depreciate the value of her property and make it undesirable for residential purposes. Mr. Joe Roscoe stated that he was not objecting to the business zoning, provided the owners were required to provide adequate off-street parking, but that he did not see that sufficient parking was provided for in the sketches, and that therefore the people would avail themselves of his parking property. Motion by Aills, seconded by James and passed that the hearing be closed and the application be taken under advisement. There being no further business to come before the Council, the special meeting was adjourned. I, Farrell D. Smith, Mayor of the City of Corpus Christi, Texas, certify that the foregoing minutes, same being for the period of April 3, 1957 to April 30, 1957, inclusive, and having been previously approved by Council action are by me hereby approved. FARRELL D. SMITH, Mayor The City of Corpus Christi, Texas 246 PRESENT: Mayor Farrell D. Smith Commissioners: W. J. Roberts B. E. Bigler Manuel P. Maldonado Charlie J. Aills Arthur R. James Odell Ingle REGULAR COUNCIL MEETING May 1, 1957 2:00 p.m. City Manager Russell E. McClure City Attorney I. M. Singer City Secretary T. Ray Kring Mayor Farrell D. Smith called the meeting to order. The Invocation was given by Reverend J. B. Linkous, of Bethany Christian Church. City Secretary Kri.ng called the roll of those in attendance. Motion by Roberts,'seconded by James and passed that the minutes of the regular meeting of April 24th be approved. Mayor Smith announced the opening of bids. Bids were opened and read on Oxygen and Acetylene from the following: Air Reduction Sales -Co. Welders Equipment Co. Corpus Christi Oxygen Co. Motion by Bigler, seconded by Roberts and passed that the foregoing bids be tabled for 48 hours as required by the City Charter and referred to the City Manager for tabulation. Bids were opened and read on Pipe Repair Sleeves & Couplings from the following: Municipal Supply Co. Dresser Mfg. Division Motion by Roberts, seconded by Maldonado and passed that the foregoing bids be tabled for 48 hours as required by the City Charter and referred to the City Manager for tabulation. Mayor Smith announced the next item on the agenda concerned 4 pending items of zoning application. Motion by Ingle, seconded by James and passed that the applications of Huddleston Enterprises and Parkdale Developers, Inc., for changes in zoning be deferred. Motion by Ingle, seconded by Maldonado and passed that the application of Mrs. May Riggan for a change in zoning, taken under advisement April 30, 1957, be denied in accordance with the recommendation of the Zoning & Planning Commission. Motion by James, seconded by Bigler and passed that the application of Mrs. A. N. Blair & Others for a change in zoning, taken under advisement April 30, 1957, be denied in accordance with the recommendation of the Zoning & Planning Commission. Motion by Roberts, seconded by Maldonado and passed that the application of R. A. Long, Adrian J. Anderson, Sr., & Guaranty Title & Trust Co: for a change in zoning, taken under advisement April 30, 1957, be denied in accordance with the recommendation of the Zoning & Planning Commission. Mayor Smith announced the next item was a public hearing on the application of Chapman & Poland Oil Co. for a permit to drill a test well on the south 75 acres out of Share "C" of the McBride Estates, known as the G. W. Hatch, Sr., Number One Well. City Manager McClure stated that there was no interference so far as City activities are concerned and recommended that the request be approved. No one appeared in opposition to the application. Motion by Roberts, seconded by Bigler and passed that the hearing be closed, and the application'be approved subject to the regulations contained in the Ordinance governing such drilling. Mayor Smith announced the Council would next hear the City Manager's Reports. Motion by Roberts, seconded by James and passed that the bid of Corpus Christi State National Bank for City Depository be accepted and the contract be awarded. (Original bid made a part of Ordinance No. 4789.) Motion by Bigler, seconded by Aills and passed that the construction of Proctor-Brawner Storm Sewer Unit 5 by Slovak Brothers be accepted, and final payment in the amount of $9,293.30 be authorized. 2`t'7 Motion by Roberts, seconded by Bigler and passed that the construction of Brawner Parkway connection to Carroll Lane by H. D. Zachry be accepted, and final payment in the amount of $12,346.19 be authorized. Motion by Maldonado, seconded by Roberts and passed that the new street developed by the City extending from Old Robstown Road to Agnes between the Hillcrest One Acre Tracts and Palm Court Subdivisions be officially named Tropical Lane. Motion by Bigler, seconded by Roberts and passed that funds in the amount of $9,256.07 paid to the City by the Federal Housing Administration for a special paving assessment on South Staples Street for property owned by Buccaneer Gardens, Inc., be released to Heldenfels Brothers, the contractor. Motion by Maldonado, seconded by Roberts and passed that the award for various quantities and sizes of Copper Pipe be made to N. Merfish Plumbing Supply Company for a net grand total of $8,221.45 on the basis of the low bid meeting the specifications. (See Bid Tabulation #21 in File.) Motion 'by Roberts, seconded by Bigler and passed that the award for Mechanical Joint Fittings with Pipe be made to the following: Alamo Iron Works for a total of $3,320.43; C. C. Hardware Co. for a total of $3,295.78; Johns - Manville Sales for a total of $48,725.00; SAMSCO for a total of $11,150.00; and Viking Supply Co. for a total of $6,597.54; making a net grand total of $73,088.75. (See Bid Tabulation #22 in File.) Motion by Roberts, seconded by Bigler and passed that the City Manager be authorized to advertise for bids to be received on Boots, Lids & Boxes for the Water Department. Motion by Roberts, seconded by Bigler and passed that the award for Steel Pipe be made for Items 4, 5, 6 and 10 of the bid invitation to L. B. Foster Company for a net total of $215,441. (See Bid Tabulation #23 in File.) Motion by Roberts, seconded by Aills and passed that the City Manager be authorized to sign the project application for estimated total cost of land in the amount of $1,200,045.00 in connection with the new airport site. Motion by Roberts, seconded by James and passed that the following be appointed members of a Joint Airport Zoning Board as provided by Article 46e of Vernon's Revised Civil Statutes: Frank Harrison and Hayden Head, with Robert Kirmse, Airport Manager, and W. W. Anderson, Director of Zoning & Planning, as ex -officio members. It was announced that the Nueces County Commissioners' Court has appointed Jesse Lawrence and Elbert Cox to membership on the Joint Airport Zoning Board. SECOND READING OF AN ORDINANCE REGULATING THE ACTIVITIES OF HOUSE MOVERS IN THE CITY OF CORPUS CHRISTI, TEXAS; PROVIDING FOR LICENSE FEES, AND OTHER FEES; PRO- VIDING THAT APPLICATION BE MADE OF THE DIRECTOR OF PUBLIC WORKS; REQUIRING BOND TO BE MADE; SETTING OUT PROCEDURE TO BE FOLLOWED IN THE MOVING OF ANY STRUCTURE; PROVIDING FOR REIMBURSEMENT OF EXPENSES TO THE CITY; DECLARING METHOD OF REVOK- ING LICENSE; PROVIDING PENALTY FOR VIOLATION; REPEALING CONFLICTING ORDINANCES OR PARTS OF ORDINANCES; PROVIDING SAVING CLAUSE. The foregoing ordinance was passed on the second reading by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye ORDINANCE NO. 4789 ACCEPTING THE BID OF THE CORPUS CHRISTI STATE NATIONAL BANK AS CITY DEPOSITORY FOR THE ENSUING TERM; ACCEPTING AND APPROVING THE PLEDGE OF SECURITIES BY SAID DEPOSITORY IN LIEU OF BOND AS SUCH DEPOSITORY; PROVIDING FOR THE DEPOSIT OF SUCH SECURITIES WITH THE FROST NATIONAL BANK AT SAN ANTONIO, TEXAS, AS TRUSTEE FOR SAFEKEEPING; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle ; Aye 248 The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye ORDINANCE NO. 4790 RECEIVING AND ACCEPTING THE WORK OF UNIT 5 OF THE PROCTOR-BRAWNER STORM SEWER SYSTEM, PROJECT 3-53-1.4, PERFORMED BY SLOVAK BROTHERS, INC., UN- DER THEIR CONTRACT WITH THE CITY DATED OCTOBER 2, 1956, AS AUTHORIZED BY ORDINANCE NO. 4623; AUTHORIZING PAYMENT OF FINAL ESTIMATE, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, DATED APRIL 22, 1957, IN THE AMOUNT OF $9,293.30 FROM CONSTRUCTION AND CONTINGENCY FUNDS PRE- VIOUSLY APPROPRIATED FROM NO. 295 STORM SEWER BOND IMPROVEMENT FUND; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye W. J. Roberts... Aye B. E. Bigler Aye Manuel P., Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye ORDINANCE N0. 4791 RECEIVING AND ACCEPTING THE WORK OF CONSTRUCTION OF BRAWNER PARKWAY CONNECTION TO CARROLL LANE, PERFORMEDBY H. D. ZACHRY CONSTRUCTION COMPANY, UNDER THEIR CONTRACT WITH THE CITY DATED FEBRUARY 1, 1957, AS AUTHORIZED BY ORDINANCE NO. 4740; AUTHORIZING PAYMENT OF FINAL ESTIMATE, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, DATED APRIL 22, 1957, IN THE AMOUNT OF $12,346.19.70 BE PAID OUT OF FUNDS HERETOFORE PRO- VIDED OUT OF NO. 102 CURRENT FUND; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye The foregoing ordinance was passed by the following.vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell 'Ingle Aye ORDINANCE NO. 4792 AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND'ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE A CONTRACT AND LEASE AGREEMENT CONSTITUTING A MONTHLY USE PRIVILEGE OF A PUBLIC FACILITY WITH MRS. MARGARET J. BABB, A WIDOW, LEASING TO THE SAID MRS. MARGARET J. BABB ALL OF LOT 10, BLOCK 93, BEACH ADDITION TO THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FOR AND IN CONSIDERATION OF THE TERMS AND CONDITIONS AS SET FORTH IN THE CONTRACT AND LEASE AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; PROVIDING FOR AN EFFECTIVE DATE; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye' Arthur R. James Aye Odell Ingle Aye 24.9 The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye ORDINANCE NO. 4793 APPROPRIATING THE SUM OF $4,000.00 FROM THE UNAPPROPRIATED BALANCE OF NO. 109 tr SEWER FUND FOR EXPENSES INCIDENTAL TO BYPASSING AND REPAIRING A BREAK IN THE 12" SEWER LINE SERVING THE NORTH BEACH AREA; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie.J. Aills Aye Arthur R. James Aye Odell Ingle Aye ORDINANCE NO. 4794 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO ACQUIRE FOR THE CITY A TRACT OF LAND ON SAVAGE LANE 200 FEET BY 210 FEET AS A SITE FOR A FIRE STATION AT A PRICE OF $12,600.00 FROM PHILLIP J. ROBINSON, INDIVIDUALLY AND AS TRUSTEE, AND TO EXECUTE SUCH CONTRACTS AND INSTRUMENTS AS ARE PROPER AND NECESSARY FOR SUCH ACQUISITION, AND PROCURE SUCH TITLE GUARANTEE CERTIFICATE FOR THE CITY; APPROPRIATING THE SUM OF $12,800.00 OUT OF NO. 102 CURRENT FUND FOR REIMBURSEMENT FROM THE NO. 212 FIRE STATION BOND CONSTRUCTION FUND FOR PAYMENT OF THE CONSIDERATION AND TITLE EXPENSE; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye . Arthur R. James Aye Odell Ingle Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye Mayor Smith invited anyone with petitions or information for the Council on matters not on the agenda to come forward and be heard. Mr. George Dillon, president of Port -Ayers Area Improvement Association, stated that they were happy to see that the extension of Brawner Parkway to Horne Road was included in the Zoning & Planning Department' recommendation of a 5 -year plan. He stated that the intersection of Port and Ayers carried the highest traffic count per day of any highway in Nueces County with the exception of the drawbridge, and that they feel this justifies their request for immediate improvement of the intersection by removal of the pumps of the filling station which are encroaching 29' onto City property, and construction of a connecting street at this point. Mr. Dillon further stated that the curbing of the point and the building of the street connection are estimated at $2,000.00, and the drainage work is estimated at $2,000.00 at the Cuiper Street extension through Ayers to Port, and presented pictures and sketches of the area involved. Mr. Ted Anderson pointed out that through several meetings with both the Highway Department and with City Officials, it had been determined that if the City will install the curb and gutters, the Highway Department will surface Port Avenue between Morgan and the City limits, and the abutting property owners could pay U 250 for the curb and gutters by an assessment. He pointed out that there was no right-of-way to buy, and that the Highway Department's paving would include the lowering of Port Avenue 18" or more, thereby eliminating the ditches and curb and gutter would constitute the drainage for the street. Mr. Anderson requested that the details be worked out for the improvement, and that the City make a formal proposal to the State Highway Department. City Secretary Kring presented a petition which had been received, signed by 15 property owners, setting out 11 reasons for requesting that the Glasscock zoning application be denied. Petition received and filed. Mayor Smith declared a brief recess. The meeting was reconvened, and as there was'no further business to come before the Council, the meeting was adjourned. PRESENT: Mayor Farrell D. Smith Commissioners: W. J. Roberts B. E. Bigler Manuel P. Maldonado Charlie J. Aills Arthur R. James Odell Ingle 1st be approved. REGULAR COUNCIL MEETING May 8, 1957 2:00 p.m. City Manager Russell E. McClure City Attorney I. M. Singer City Secretary T. Ray Kring Mayor Farrell D. Smith called the meeting to order. The Invocation was given by Reverend Ward Glentzer, Pastor of Norton Street Church of Christ. City Secretary Kring called the roll of those in attendance. Motion by Ingle, seconded by Maldonado and passed that the minutes of the regular meeting of May Mrs. Sam Stokes, Chairman of the Clean-up Committee, presented to Mayor Smith the Certificate awarded to Corpus Christi in the 1956 National Cleanest Town Contest, and stated that Corpus Christi had been the 8th in the contest out of 6,000 cities that won this award, that Corpus Christi is already entered in the 1957 Contest, and presented each member of the Council a printed paper sack with the admonition "You all stow it, don't throw it". Mayor Smith accepted the award on behalf of the citizens of Corpus Christi and personally thanked Mrs. Stokes and her Committee for the leadership and guidance in the work which made the award possible. Mayor Smith announced the next matter on the agenda was a pending item before the Council. Motion by Roberts, seconded by Bigler and passed that the application of Huddleston Enterprises and of Parkdale Developers, Inc., taken under advisement at the public hearing held on February 5th, for changes in zoning from 11R-1" Single Family Dwelling District to "A-1" First Apartment District on Lots 1 through 11, Block 4, Parkdale Village, being all of those lots fronting on the west side of the 4600 block of Parkdale Drive and Gollihar Road, and on Lots 13 through 22, Block 9, and Lots 1 through 6, Block 13, Parkdale Village, Unit #2, being that property located on the west side of Gollihar Road in the 4500 block, be granted in accordance with the recommendation of the Zoning & Planning Commission. following: Mayor Smith requested that the record show that he voted "Nay". Mayor Smith next announced the opening of bids. Bids were opened and read on various quantities and sizes of Brass Service Fittings from the Alamo Iron Works Eclipse Fuel Engineering Co. Muehler Co. Wallace Co. Wellsbach Corp. SAMSCO Crane Co. Ford Meter Box Co. 251 Motion by James, seconded by Roberts and passed that the foregoing bids be tabled for 48 hours as required by the City Charter, and referred to the City Manager for tabulation. Mayor Smith announced the Council would next hear the City Manager's Reports. Motion by Maldonado, seconded by James and passed that the award of bid for approximately 8 months' supply of Oxygen and Acetylene be made to Corpus Christi Oxygen Co. at their low bid of $.0331 per cu. ft. for acetylene and $.0094 per cu. ft. for oxygen. (See Bid Tabulation #24 in File.) Motion by Bigler, seconded by Aills and passed that the award of bid for various quantities and sizes of Pipe Repair Sleeves & Couplings be made to Dresser Manufacturing Co. for a net grand total of $9,515.75. (See Bid Tabulation #25 in File.) Motion by Maldonado, seconded by James and passed that the City Manager be authorized to advertise for bids to be received for wrapping & coating of approximately.80,000 feet of varying sizes of black steel pipe. Motion by Bigler, seconded by Roberts and passed that the ordinance establishing a building line for Filling Station Pumps of 10 feet be revised to 12 feet to conform to the State law, and that the plat of the property located at the northeast corner of the Alameda -Airline Road intersection correcting the error in the original plat filed, by locating the section line as the center line of Alameda, thus correcting the 6.55 feet of over -dedication, be approved subject to the revised provision concerning the setback line. Motion by Bigler, seconded by Aills and passed that $11,730.00 be appropriated from Airport Bond Improvement Funds No. 245 for soil tests and crop damage in connection with the new Municipal Airport Development. Motion by Bigler, seconded by Roberts and passed that the Tax Error & Correction List and Supplemen- tal Tax Roll for April be approved. Motion by Bigler, seconded by Maldonado and passed that the date of May 28th, during a special Council meeting at 2:00 p. m., be set for a public hearing on the application of C. G. Glasscock for a change in zoning on the Bayfront Fill property, and that the City Secretary publish the proper notice. Motion by Roberts, seconded by Bigler and passed that the City Manager be granted leave of absence to attend the Spring Conference of the Texas. -City Managers' Association from Sunday, May 19th through Tuesday, May 21st, and that City Secretary Kring be appointed Acting City Manager for this period. Mr. Noble A. Taylor and Mr. N. B. Childs appeared in connection with the third and final reading of the House Movers ordinance and requested a clarification of the insurance provision on the basis that if the insurance required was on the basis of payroll, in a year's time it might be prohibitive to the housemover. They further objected to having to get a route direction o.k'd by the Traffic Engineer, and also to the requirement of first obtaining a permit from the State Highway Department when moving a house over a State maintained Highway within the City limits. It was explained that the certificate of insurance was to.cover all operations of the housemoving firm, not just the truck en route; that in connection with the Traffic Engineer's approval of route direction, the purpose was to inform the housemover of street conditions, height and width allowance, and possible temporary street obstruction; and that as to the State Highway Department requirement for obtaining a permit from the State Highway Department before receiving a City permit for moving a building over a State maintained highway*within the City limits, the City had no jurisdiction over that matter because of a Highway Maintenance Agreement with the State. During the discussion it was suggested that it be made optional on the part of the housemover as to whether he provided a $2,000.00 bond and public liability insurance in the amount of 10/20 and 5, or provide a $20,000 bond. This was agreeable to Mr. Taylor and Mr. Childs. Motion by Bigler, seconded by Ingle and passed that the House Moving Ordinance be amended before the third and final reading by changing Paragraph 2, of Section 2, to the effect that the bond required of House Movers shall be in the sum of $20,000.00 or at the House Mover's option the bond required shall be in the sum of $2,000.00 and in addition to said $2,000.00 bond the applicant shall file with the City by delivery to the Inspection Section of the Department of Public Works a public liability and property damage insurance policy providing for the payment of any liability imposed by law upon such applicant to the extent of $10,000.00 for each person for bodily injury and $20,000.00 for bodily injury liability for each accident, and $5,000.00 for property liability damage for each 252 accident, and which certificate shall show that said insurance is in force for the period for which the license is requested: ORDINANCE NO. 4795 REGULATING THE ACTIVITIES OF HOUSE MOVERS IN THE CITY OF CORPUS CHRISTI, TEXAS; PROVIDING FOR LICENSE FEES, AND OTHER FEES; PROVIDING THAT APPLICATION B& MADE OF THE DIRECTOR OF PUBLIC WORKS; -REQUIRING BOND TO BE MADE; SETTING OUT PROCE- DURE TO BE FOLLOWED IN THE MOVING OF ANY STRUCTURE; PROVIDING FOR REIMBURSEMENT OF EXPENSES TO THE CITY; DECLARING METHOD OF REVOKING LICENSE; PROVIDING PENALTY FOR VIOLATION; REPEALING CONFLICTING ORDINANCES OR PARTS OF ORDINANCES; PROVID- ING SAVING CLAUSE. The foregoing ordinance was passed on the third and final reading by the followin& vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James. Aye Odell Ingle Aye FIRST READING OF AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER OF THE CITY OF CORPUS CHRISTI, TEXAS, TO EXECUTE A CONTRACT BY AND BETWEEN THE CITY OF CORPUS CHRISTI AND MAGNOLIA PETROLEUM COMPANY FOR THE LEASE BY SAID CITY TO THE SAID MAGNOLIA PETROLEUM COMPANY OF CERTAIN REAL ESTATE IN NUECES COUNTY, TEXAS, WITHIN THE LIMITS OF THE CITY OF CORPUS CHRISTI, MORE PARTICULARLY DESCRIBED IN THE BODY HEREOF; SETTING FORTH THE TERMS AND CONDITIONS OF SAID LEASE CONTRACT. The foregoing ordinance was passed to its second reading by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye ORDINANCE NO. 4796 AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI -TO EXECUTE A LEASE CONTRACT BY AND BETWEEN THE CITY OF CORPUS CHRISTI AND MRS. DELLA FILIP, JOINED BY HER HUSBAND JEROME E. FILIP, AS LESSEE, OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, LEASING APPROXIMATELY 912 SQUARE FEET OF CLIFF MAUS MUNICIPAL AIRPORT TERMINAL BUILDING TO BE USED AS A COFFEE SHOP, IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF SAID LEASE CONTRACT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye ORDINANCE NO. 4797 APPROPRIATING THE SUM OF $22,624.00 OUT OF:NO. 250 SANITARY SEWER SYSTEM BOND FUND FOR THE PURCHASE OF A TRACT OF LAND OF 32.32 ACRES OUT OF TRACTS 13 AND 14 OF THE WM. J. ROBERTSON TRACT FROM JOE HROCH, SR., AND WIFE MARY HROCH FOR A SANITARY SEWER DISPOSAL PLANT SITE AND OTHER MUNICIPAL PUBLIC PURPOSES BOUNDING SARATOGA BLVD., AS AUTHORIZED BY ORDINANCE NO. 4772 PASSED AND APPROVED BY THE CITY COUNCIL ON APRIL 3, 1957; AND $10.00 OF SAID $22,624.00 IS TO BE CREDITED TO THE SANITARY SEWER MAINTENANCE FUND FROM WHICH $10.00 WAS USED AS EARNEST MONEY IN EXECUTING THE REAL ESTATE SALES CONTRACT FOR PURCHASE OF SAID LAND; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye 253 The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonadd Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye ORDINANCE NO. 4798 APPROPRIATING THE SUM OF $11,730.00 FROM NO. 245 AIRPORT BOND IMPROVEMENT FUND TO BE USED TO REIMBURSE REAGAN AND MC CAUGHAN, ENGINEERS, FOR SOIL BORINGS AND RELATED EXPENSE, AND THE PAYMENT TO BE MADE IN ACCORDANCE WITH EXISTING CONTRACT BETWEEN THE CITY AND SAID ENGINEERS FOR ENGINEERING WORK ON THE NEW MUNICIPAL AIRPORT PROJECT NO. 10-56-1; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye Mayor Smith invited anyone in the audience with petitions or information for the Council on matters not on the agenda to come forward and be heard. Mr. Ray,Hostutler appeared and stated that in view of the scares our schools had recently, there is a man in our City now who turned in the information that broke the biggest espionage ring in World War II, who could throw light on these 3 incidents. In answer to the Mayor's inquiry, Mr. Hostutler refused to give the man's name or address to whom he referred, but stated that if the Council desired to get in touch with him, he would arrange for the man to be properly heard.. There being no further business to come before the Council, the meeting was .adjourned. PRESENT: Mayor Farrell D. Smith Commissioners: W. J. Roberts B. E. Bigler Manuel P. Maldonado Charlie J. Aills Arthur R. James Odell Ingle SPECIAL COUNCIL MEETING May 14, 1957 2:00 p.m. City Manager Russell E. McClure Asst. City Attorney Vernon Harville City Secretary T. Ray Kring Mayor Farrell D. Smith called the meeting to order. City Secretary Kring called the roll of those in attendance. Mayor Smith announced the purpose of the special meeting was a public hearing on 3 zoning applica- tions, the first of which was the application of Mr. Jack Ryan for a change in zoning from 11R-1" One -Family Dwelling District to "B-1" Neighborhood Business District on a 0.65 acre tract of land at the northwest corner of South Alameda and Airline Road fronting 226 feet along Alameda and 169.14 feet along Airline Road. Mayor Smith read the background of the case and the recommendation of the Zoning & Planning Commission for approval subject to the approval and filing of a plat with proper restrictions specifically limiting the use of the property to a service station site at the intersection along with the two church sites as shown on the most recent preliminary plat. applicant. It was noted that such final plat conforming to the conditions mentioned has been submitted by the Mr. Bob Burr, Senior Planner, located the property on the map and presented the final plat with lithe corrections and restrictions noted on it as conditioned above. 11 254 Mayor Smith called attention to the policy established by the Council at last week's regular meeting that the ordinance governing the building setback line with reference to the installation of gasoline pumps be amended to conform to the State law of 12 feet. Mr. W. W. McClendon, engineer, and Mr. Jack Ryan,•applicant, appeared in favor of the application. Mr. McClendon informed the Council that the Gulf Company has been furnished a contour map of the elevations for connection to .be made to the utilities at the location. No one appeared in opposition to..:the application. Motion by Bigler, seconded by Maldonado and passed that the hearing be closed and the application be granted in accordance with the recommendation of the Zoning & Planning Commission. The application of Curtis Builders, Inc. and Others was deferred till later in the meeting at the request of the attorney for the applicant to allow him time to get to the meeting from out of town. Next was the application of Zoning & Planning Department that Ordinance No. 2266, the Zoning Ordinance of the City of Corpus Christi, be amended so that Article V, Section 2 shall hereafter reads as follows: "ARTICLE V, SECTION 2. "The boundaries of the various districts as enumerated in Article V, Sec- tion 1, of this Ordinance are hereby established as indentified and drawn on the faces of triplicate original zoning district maps of the City of Corpus Christi, Texas, which maps are hereby officially adopted as the zoning district maps of the City of Corpus Christi, Texas, with all notations, references, legends, scales and every detail shown on said maps to be considered as a part of this Ordinance as fully and to the same effect as if said zoning district maps, notations, references, legends, scales and every detail shown..;on them were fully set forth and described herein. Each of said triplicate original zoning district maps shall bear for identification and authentication the signature of the Mayor of the City and the attestation of the City Secretary, the date of their signatures and the notation, this zoning district map officially adopted by the City Council of the City of Corpus Christi, Texas, by Ordinance No. , passed and approved on day of , 1957". "One of .said triplicate original zoning district maps shall remain attached to this amendment of Ordinance No. 2266 never to be changed in any respect, and filed with the City Secretary as a permanent record of the City of Corpus Christi, Texas; another of said triplicate original zoning district maps shall be maintained by the Director of the Zoning and Planning Department of the City and shall be available, as a reference, for the general public during the regular office hours of the Zoning and Planning Department; and one of the triplicate original zoning maps shall also be maintained by the Director of the Department of Public Works of the City for the benefit of the Inspection Section of the Department of Public Works. "It shall be the duty of the Director of the Zoning and Planning Department of the City to keep the original zoning district maps to be maintained in the Zoning and Planning Department and in the Department of Public Works of the City current at all times, showing on the faces of said maps all changes, amendments or additions thereto officiall authorized by City Council action noting on such maps the ordinance number and date of passage of each such amendment authorizing any changes or additions."' Mayor Smith explained that the map on display is the new map of the City showing all zoning of property as it now exists with the exception of any zoning that might be approved during this meeting, and that the map is intended to reflect all prior ordinances now in effect concerning the zoning of property, but that the Council must be sure that the adopting of this map would not supersede or nullify any ordinances of zoning changes now on record. It was pointed out that the map was accurate insofar as was humanly possible, that it incorporated all ordinance changes in zoning since the map adopted by the City Council in 1948, and that it would act as a fresh starting point to reflect all future changes in zoning. Motion by Ingle, seconded by James and passed that the hearing be closed and the application be tak under advisement for further study of the map, and wording of the ordinance. Next was the application of Curtis Builders, Inc., Edmund F. Wessells, Mrs. Maude Hinkle, and Walter B. Baas for a change in zoning from 1IR-1" One -Family Dwelling District to "B-1" Neighborhood Business 255 District on Lots 17 and 18, Block 1, Mahan Acres, being located at 4626, 4630, 4634 and 4638.Kostoryz Road. Mayor Smith read the background of the application and the recommendation of the'Zoning & Planning Commission for approval, subject.to the filing of a replat setting the proper building line, as a logical expansion of the existing business area in keeping with the original land use planned for this area. It was noted that final plat meeting the zoning requirements has been submitted. Mr. Burr located the property on the map and indicated the development of the surrounding area and submitted the final plat mentioned above. Mr. Walter Groce, attorney, represented the applicants. No one appeared in opposition to the application. Motion by Maldonado, seconded by Roberts and passed that the hearing be closed and the application be granted in accordance with the recommendation of the Zoning & Planning Commission. There being no further business to come before the Council, the special meeting was adjourned. PRESENT: Mayor Farrell D. Smith Commissioners: W. J. Roberts B. E. Bigler Manuel P. Maldonado Charlie J. Aills Arthur R. James Odell Ingle REGULAR COUNCIL MEETING May 15, 1957 2:00 p.m. City Manager Russell E. McClure Asst City Attorney J. F. Park City Secretary T. Ray Kring Mayor Farrell D. Smith called the meeting to order. Mayor Smith welcomed as a new citizen to Corpus Christi, the Reverend Paul D. Hanna of Woodlawn Presbyterian Church, formerly of Lawton, Oklahoma, after which Reverend Hanna gave the Invocation. City Secretary Kring called the roll of those in attendance. Motion by Ingle, seconded by Maldonado and passed that the minutes of the special meeting of April 30th and the regular meeting of May 8th be approved. following: Mayor Smith announced the opening of bids. Bids were opened and read on various quantities of Meter Boxes, Manhole Rings and Covers from the Gulf Star Foundries Alamo Iron Works SAMSCO Motion by Ingle, seconded by Maldonado and passed that the foregoing bids be tabled for 48 hours as required by the City Charter, and referred to the City Manager for tabulation. Mayor Smith announced the receipt of a telegram from Senator Bruce Reagan to the effect that Senate Bill #341, known locally as the Oso Bill, passed the House this morning, and that since it has previously been passed by the Senate, as soon as it has been signed by the Governor, it enables us to have a workable agreement by statute now to proceed with the Oso Redevelopment under the -bond issue of October -6, 1956. For the benefit of the Press, Mayor Smith pointed out the differences between Senate Bill #341 and the prior bill, the advantages to Corpus Christi in the passage of this bill, and possible plans for the development of the Oso.in terms of the City's financial means. Motion by James, seconded by Ingle and passed that Jack Grant be reappointed a member of the Traffic Safety Advisory Board for a 3 -year term. Motion by James, seconded by Ingle and passed that Glenn Alexander be appointed a member of the Traffic Safety Advisory Board for a 3 -year term, replacing Mrs. James Kaufman whose term has expired. The Council instructed the City Secretary that a Certificate of Appreciation be awarded to Mrs. Kaufman in recognition of her fine service on this Board. Mayor Smith announced the Council would next hear the City Manager's Reports. Motion by Roberts, seconded by Bigler and passed that the construction of Multiple Boat Ramps at the 2�6 "L -Head" by Elmer C. Gardner, Inc., be accepted and final payment in the amount of $3,980.30 be authorized. SECOND READING OF AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER OF THE CITY OF CORPUS CHRISTI, TEXAS, TO EXECUTE A CONTRACT BY AND BETWEEN THE CITY OF CORPUS CHRISTI AND MAGNOLIA PETROLEUM COMPANY FOR THE LEASE BY SAID CITY TO THE SAID MAGNOLIA PETROLEUM COMPANY OF CERTAIN REAL ESTATE IN NUECES COUNTY, TEXAS, WITHIN THE. LIMITS OF THE CITY OF CORPUS CHRISTI, MORE PARTICULARLY DESCRIBED IN THE BODY HEREOF; SETTING FORTH THE TERMS AND CONDITIONS OF SAID LEASE CONTRACT. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye ORDINANCE NO. 4799 RECEIVING AND ACCEPTING THE WORK OF CONSTRUCTION OF MULTIPLE BOAT RAMPS AT THE L -HEAD, PERFORMED BY ELMER C. GARDNER, INC., UNDER THEIR CONTRACT WITH THE CITY DATED FEBRUARY 5, 1957, AS AUTHORIZED BY ORDINANCE NO. 4738; AUTHORIZING PAYMENT OF FINAL ESTIMATE, A.COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, DATED APRIL 17, 1957, IN THE AMOUNT OF $3,980.30 TO BE PAID OUT OF FUNDS HERETO- FORE PROVIDED OUT OF GENERAL FUND BUDGET, YACHT BASIN IMPROVEMENTS; AND DECLARING AN EMERGENCY. f, The Charter rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye Mayor Smith invited anyone with petitions or information for the Council on matters not scheduled on the agenda to come forward and be heard. Leo Duran, attorney, appeared with Mr. David Diaz, a store owner, requesting.angle parking in front of his store on Port Avenue rather than parallel parking. The Council explained to Mr. Duran that since Port Avenue is legally a State Highway, it is there governed by the regulations of the State Highway Department governing State Highways, which specifically prohibits angle parking, and suggested that Mr. Diaz' relief would have to come from the State Highway Department. Mrs. Clarence Jones, 4517 Garfield,. -and Mrs. Arline Logue, 4521 Garfield, presented a petition requesting relief re the drainage in the area. .Mrs. Jones also stated that she believed one of the businesses had blocked the drain in one place. The matter was referred to the City Manager for investigation. Ralph Holeman, Mrs. E. H. Coburn, Mrs. R. G. Gudeen, and P. K. Lefforge, property owners on Kostoryz Road, appeared in objection to the possibility that the improvement of Lipan Street might be given priority over the improvement of Kostoryz. The Council informed these citizens that bond money had been voted for the improvement of Kostory;, that the drainage is completed, and that very shortly the Council would be taking bids on the project. It was further explained that it was a matter of conflicting opinions, the Staff feeling that Kostoryz deserved priority, and the Zoning & Planning Commission feeling that Lipan had the .,greater need, and that it would have to be resolved by the Council.. It was pointed out that in connection with Lipan, the greatest need appeared to be along side of the school as a safety measure for,the children using the street. The citizens from Kostoryz felt that the greater need was for the improvement of Kostoryz since it is a main artery of traffic and so many school children travel the street too. Mrs. Coburn asked if there was any special time set for Gollihar to be paved. 25'7 The Council answered that no improvement was scheduled in the bond program for Gollihar. Horace Anderson, 2962 Austin, and J. T. Trull, 2953 Lawnview, appeared to protest against the letters they had recently received from the City Attorney's office ordering them to remove the trees and shrubs that are in the public right-of-way along Chamberlain Street. They stated that they did not particularly object to removing shrubbery, but felt that the trees were not in any way obstructing either the view for vehicular traffic or obstructing pedestrian traffic. Commissioner Bigler stated that he had personally investigated the matter, and agreed with the two residents, that if the residents in one part of town had to clear the right-of-way of trees, then it would have to be enforced all over town, in which case we would have a tfeeless Corpus Christi since the greatest majority of trees are planted in the public right-of-way between the curb and the sidewalk. Mayor Smith requested that any effective action taken under the time stated in the letters be suspended until the Council had had a reasonable amount of time to investigate the matter and advise the residents. There being no further business to come before the Council, the meeting was adjourned. PRESENT: Mayor Farrell D.'Smith Commissioners: W. J. Roberts B. E. Bigler Manuel P. Maldonado Charlie J. Aills Arthur R. James REGULAR COUNCIL MEETING May 22, 1957 2:00 p.m. City Manager Russell E. McClure Asst City Attorney J. F. Park City Secretary T. Ray Kring Mayor Farrell D. Smith called the meeting to order. The Invocation was given'by Reverend W. G. Jernigan of Hillcrest Church of Christ. City Secretary Kring called the roll of those in attendance. Motion by Roberts, seconded by James and passed that the absence of Commissioner Ingle be excused. Motion by Roberts, seconded by James and passed that the minutes of the special meeting of May 14th and the regular meeting of May 15th be approved. Mayor Smith announced the opening of bids. Bids were opened and read on 800 Lineal Feet of Reinforced Concrete Curb and Gutter around Oak Park from the following: C. L. Castor Construction Co. H & H Concrete Co. Zachry Construction Co. Motion by Roberts, seconded by Maldonado and passed that the foregoing bids be tabled for 48 hours as required by the City Charter, and referred to the City Manager for tabulation. Bids were opened and read on Wrapping and Coating of 80,460 feet of Steel Pipe from the following: Pipe Line Service Corp. Rosson-Richards Co. Motion by Bigler, seconded by Aills and passed that the foregoing bids be tabled for 48 hours as required by the City Charter, and referred:to the City Manager for tabulation. Mayor Smith announced the Council would next hear the City Manager's Reports. Motion by Roberts, seconded by Maldonado and passed that the award for Boots & Lids, Meter Boxes & Lids be made as follows: To Alamo Iron Works for a total of $2,678.25;• To Gulf Star Foundries for a total of $4,190.00; To Samsco for a total of $4,950.00 (See Bid Tabulation #26 in File.) follows: Motion by Bigler, seconded by Aills and passed that the award for Brass Service Fittings be made as To Alamo Iron Works for a total of $3,793.63; To Crane Company for a total of $600.00; To Ford Meter Box Co. for a total of $319.00; ,f 2158 To Samsco for a total of $17,678.15; To Wallace Company for a total of $1,115.50. (See Bid Tabulation #27 in File.) ORDINANCE NO. 4800 AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI ADOPTED ON THE 27TH DAY OF AUGUST, 1937, APPEARING OF RECORD IN VOLUME 9, PAGES 565 ET SEQ OF THE ORDINANCE AND RESOLUTION RECORDS, AS AMENDED FROM TIME.TO TIME AND PARTICULARLY AS AMENDED BY ORDINANCE NO. 2266 PASSED AND APPROVED ON THE 4TH DAY OF MAY, 1948, APPEARING OF RECORD IN VOLUME 16, PAGES 339 ET SEQ OF THE ORDINANCE AND RESOLUTION RECORDS, BY AMENDING THE ZONING MAP ADOPTED ON THE 4TH DAY OF MAY, 1948, BY CHANGING THE ZONING OF LOTS 1 THROUGH 11, BLOCK 4, PARKDALE VILLAGE, FROM "R-1" ONE -FAMILY DWELLING DISTRICT TO "A-1" FIRST APARTMENT HOUSE DISTRICT; BY CHANGING THE ZONING OF LOTS 13 THROUGH 22, BLOCK 9, AND LOTS 1 THROUGH 6, BLOCK 13, PARKDALE VILLAGE, UNIT NO. 2, FROM "R-1" ONE -FAMILY DWELLING DISTRICT TO "A-1" FIRST APARTMENT HOUSE DISTRICT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Absent The foregoing ordinance was passed by the following vote: Farrell D. Smith Nay W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Absent ORDINANCE NO. 4801 AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI ADOPTED ON THE 27TH DAY OF AUGUST, 1937, APPEARING OF RECORD IN VOLUME 9, PAGES 565 ET SEQ OF THE ORDINANCE AND RESOLUTION RECORDS, AS AMENDED FROM TIME TO TIME AND PARTICULARLY AS AMENDED BY ORDINANCE NO. 2266 PASSED AND APPROVED ON THE 4TH DAY OF MAY, 1948, APPEARING OF RECORD IN VOLUME 16, PAGES 339 ET SEQ OF THE ORDINANCE AND RESOLUTION RECORDS, BY AMENDING THE ZONING MAP ADOPTED ON THE 4TH DAY OF MAY, 1948, BY CHANGING THE ZONING OF.'THAT PROPERTY HAVING A FRONTAGE OF 30.74 FEET ON EVERHART ROAD MEASURED SOUTHWESTERLY FROM A POINT 180 FEET SOUTHWEST OF THE ORIGINAL'CENTER LINE OF GOLLIHAR ROAD (PARKDALE DRIVE) EXTENDING TO A DEPTH OF.192.98 FEET, BEING LOCATED AT 4513 EVERHART ROAD, FROM "A-2' SECOND APARTMENT HOUSE DISTRICT TO "B-1" NEIGHBORHOOD BUSINESS DISTRICT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith W. J. Roberts B. E. Bigler Manuel P. Maldonado Charlie J. Aills Arthur R. James Odell Ingle The foregoing ordinance was passed by the following vote: Farrell D. Smith W. J. Roberts B. E. Bigler Manuel P. Maldonado Charlie J. Aills Arthur R. James Odell Ingle Aye Aye Aye Aye Aye Aye Absent Aye Aye Aye Aye Aye Aye Absent Mayor Smith announced the next item on the agenda was petitions or information from the audience on matters not scheduled on the agenda, and recognized Judge Charles H. Clark, Chairman of the Board of Regents, and Dean E. L. Harvin, President of Del Mar College. V. G. Woolsey and W. H'; White, Jr., members of the Board of Regents, were also present. Judge Clark assured the Council and the.citizens of Corpus Christi that in connection with the new Del Mar College bond election scheduled for May 25, 1957, for which funds are to be voted upon to provide facilities for the development and expansion of the Vocational and Technical Training Program of the College, that the election in no way ties the College to the location donated to them on Airport Road. Judge Clark further stated that it was planned that they would construct a one-story Administration Building first if the bonds were authorized. The two-story Classroom Building could be delayed for 2k years,when the new airport will be in 2 )9 operation and the use of Cliff Maus abandoned. He stated that the 9.25 acre site was selected because it was on a bus line and easily accessible at night for technical school students. The Board of Regents consists of 9 men whose interest is in the development of Del Mar College and to assist in the growth of the City of Corpus Christi: There- fore the site would not be developed if it interferes with the operation of the airport. Bob Flato told the Council that he was instrumental in getting the.property owners to give the 9.25 acre tract to Del Mar College and that another tract would be given if it is not acceptable. Mayor Smith stated that the site is located between 2 airport runway safety lanes, and is within what is considered a critical area. He thanked Judge Clark, President Harvin and the Board of Regents for their attitude and cooperative spirit in problems of mutual concern of the College and the City. Mr. George Dillon appeared and reported to the Council on the work done by the Committee which the Port Ayers Improvement Association appointed in connection with their proposal to the Council concerning certain street improvements in the Port and Ayers area. He stated that over 50% of the property owners on Port Avenue who have been contacted are in favor of the program and willing to cooperate as to the assessment program,,but he feels it is almost impossible to work it out on a voluntary assessment basis. Mr. Dillon is concerned about getting the Port Avenue street improvements at least started before the freeway program begins, and offered the Association's assistance in contacting the property owners, and urged quick action on the part of the Council. Mayor Smith explained that although some work has been done in the matter, it will take a little time to formulate the program and to work out the financial angles in correlation with the budget. "Honest John" Bagwell stated to the Council he wished to speak on several subjects which were a matter of opinion and conclusions he had drawn. He referred to what he considered mishandling of oil leases, failu to attract businesses and light industry with its accompanying employment and payrolls. In the latter connection he referred specifically to the law suit against Henry Knolle, to the raising of the "T -Head" rental to Sidney Herndon, and to the refusal of the City to make water connections for John Blocker for his Drive -In Theater on Port Avenue, which he pointed out was driving these business interests to other nearby cities. He further objected to the City's paying Inspectors to inspect the work of State and City licensed Master Plumbers. Harriette Staves, representing the Corpus Christi Girl Scout Council, appeared to request a speedy execution of the Camp lease at Lake Mathis. Mayor Smith informed Mrs. Staves that the leases at Lake Mathis were being studied for possible conflicts between 30 -year leases and 99 -year leases, and as to wording in connection with the phases of the leases relating to the State, and that realizing the urgency to the organizations involved, the Council is working toward an early conclusion of its studies in the matter. City Secretary Kring presented a petition, signed by 12 citizens, addressed to the City Council, requesting the extension of the sewer line so as to afford service to the 4900 and 5000 blocks on Kostoryz and the 3100 block on Green Street, and to a street to be named Rogerson Street opposite the 5000 block of Kostoryz. recommendation. This petition was ordered received and referred to the City Manager for processing, study and Louis H. Sacky and F. A. Sacky appeared in support of the foregoing petition, and were advised to contact the Director of Public Utilities for the information as to the proper procedure involved. Mrs. James Graves, President of Hamlin School P.T.A., Mrs. A. E. Lane, President of Wilson School P.T.A., and LeRoy Lain, Safety Chairman of Wilson School, appeared requesting some type of traffic control device for the intersection of Alameda and Pasadena. Mrs. Graves stated that in connection with the paving of South Alame from Doddridge to Airline Road, crossing Alameda at peak hours creates quite a safety problem, but that safety will follow better traffic control. She requested that if any action is pending in that area, such as extending Staples from Parkdale to Lexington, that their request be given.priority. Mrs. Graves was informed that the Alameda section has a much higher priority than the Staples section, and that it was scheduled for the first part of the next fiscal year. Mr. Lain requested investigation as to a signal light that could be separated from the School traffic hours and the normal traffic hours that Mr. Rice had told him about, because he felt that over a period of 260 years it might be less expensive than the present arrangement of having a patrolman on Alameda at the intersection of Pasadena during school hours. Mr. Lain felt that the blinker light near the Wilson School was of more value than a policeman, since it could be seen more readily. Mayor Smith explained that the matter would be studied so as to try to do the intelligent thing about it. There being no further business to come before the Council, the meeting was adjourned. PRESENT: Mayor Farrell D. Smith Commissioners• W. J. Roberts B. E. Bigler Manuel P. Maldonado Charlie J. Aills Arthur R. James Odell Ingle SPECIAL COUNCIL MEETING May 28, 1957 2:00 p.m. City Manager Russell E. McClure City Attorney I. M. Singer City Secretary T. Ray Kring I Mayor Farrell D. Smith called the meeting to order. City Secretary T. Ray Kring called the roll of those in attendance. Mayor Smith announced the public hearing on two zoning applications, and the first to be cons was the application of T. P. McCord for a change in zoning from "R-2" Two Family Dwelling District to "B-3" Second- ary Business District on a tract of land described as TRACT 1 - Beginning at a point on the west right-of-way line of Baldwin Blvd., said point being northwesterly 183 feet from center line of Ayers Street, continuing along said line 23 feet northwesterly, and having a uniform depth of 75 feet. Mayor Smith explained that this was a matter in which the Council has had a prior hearing on all the property adjoining this particular tract contained in the application, but that due to a technicality it was necessary to conduct a hearing on`.the tract of land previously described. Mr. Burr, Senior Planner, located the property on the map, as being a strip 23 feet x 75 feet on which the owner had been previously issued a permit for a wash and grease rack for the existing filling station. The recommendation of the Zoning & Planning Commission was for approval subject to filing of a plat of the property fixing the building lines and building area per lot in accordance with the plans submitted by the applicant, which it was noted has been done by the applicant. No one appeared in opposition to the application. Motion by Roberts, seconded by Maldonado and passed that the hearing be closed, and the applicat be granted in accordance with the recommendation of the Zoning & Planning Commission. Motion by Roberts, seconded by James and passed, that the remainder of the property of the appli- cant on which a public hearing was held on April 30, 1957, be zoned as recommended by the Zoning & Planning Commission, namely: TRACT 2: From "R-2" Two -Family Dwelling District to "A-2" Sedond Apartment House District on a tract of land beginning at a point on the west right-of-way line of Baldwin Blvd., said point being the most northeasterly corner of the foregoing Tract 1, and continuing along the west right-of-way line of Baldwin Blvd. to the southerly right-of-way line of Fig Street and having a uniform depth of 75 feet; TRACT 3. From "R-2" Two -Family Dwelling District to "A-2" Second Apartment House District on a tract of land beginning at the intersection of the north right-of-way line of Fig Street and the west right-of-way line of Baldwin Blvd., thence northwesterly along said west right-of-way.line of Baldwin Blvd., 391.99 feet and having a uniform depth of 75 feet; The above tracts to be approved subject to the filing of a plat of the property fixing the building lines and building area per lot in accordance with the plans submitted by the applicant. Next was the application of C. G. Glasscock, for a change in zoning from "R-1" Single Family Dwelling District and "A-2" Second Apartment House District to "B-2" Bayfront Business District on a tract of land described as being a 22.39 acre tract (plus or minus) of land located east of Ocean Drive between Cole Park and 261 Buford Street, commonly known as the Glasscock Fill property. Mayor Smith read the background of the application, and the recommendation of the Zoning & Planning Commission reading as follows: "It was moved and seconded that the Zoning Committee's Report be accepted and.that the Commission, having examined Mr. Glasscock's application and proposed develop- ment plans and having extensively.reviewed the advantages and disadvantages and objections raised and being of the opinion that the traffic generated by the pro- posed development could be safely handled, that the granting of the application would not constitute spot zoning, that the proposed development would not seriously impair or detract from the view and feeling that the planned development would be a desirable asset to the community and believing that proper restrictions covering land uses and site planning and development, so that such plans may be reviewed by and be subject to the approval of the Commission, can be agreed upon between the applicant and the City, forward this application to the City Council with the recommendation that it be approved subject to the fixing and adoption of the afore- said restrictions, an approved plat, and a two-year time limitation for the start- ing of initial construction." Mr. John Lyle, attorney, represented the applicant, stated that Mr. C. G. Glasscock owns a tract of land just off Ocean Drive, 22 acres more or less, which has been filled in at considerable expense to Mr. Glasscock, and upon which he could build anything which comes within the present "A-2" and "R-1" zoning. He stated that Mr. Glasscock has a firm proposal for leasing the land for the construction of an eight to ten million dollar hotel, and simultaneously an office building of about fifteen stories of about 10,000 square feet per floor. Mr. Lyle stated that the request for "B-2" Bayfront Business zoning was so that the office building could be built at the same time as the hotel on the basis that it would be advantageous to the community in attracting convention guests and tourists to the City. He further stated that.since the objections apparently were to certain usages permitted under the "B-2" zoning, the applicant would agree to any reasonable restrictions for development not necessary and incidental to either or both of the aforementioned structures. Mr. Burr explained that the plat was approved last night by the Zoning & Planning Commission with the following provisions: time 1. That there be a 2-year/limitation on the start of construction. 2. That three things under the "B-2" district - skating rink, dance hall and bowling alley - would not be permitted except as accessory to the hotel, not primary use. 3. Any development glans would be subject to review of the Zoning & Planning Commission as Special Council Permits are now handled, as the development of the balance of the property from Morgan to the south end should be comparable in scale and character and quality to that of the first unit. City Attorney Singer interposed that the restrictions referred to had no legal effect. Mr. Lee Mahoney, attorney, representing 14 or 15 of the adjacent property owners on Ocean Drive, signers of a petition filed with the City Secretary, stated that he first wished to correct the mistaken impression given by the Press in connection with his clients' opposition to this zoning application. He stated that the people he represents are not arguing the zoning of the property as it is now zoned, nor are they attempting to have the present zoning of the property changed or struck down which permits the building of a:hotel on the property in question. He stated that as a result of the publicity given this application, the facts and the position of his clients has been distorted to indicate that they were objecting to the building of a hotel on the property, whereas the fact is they could not object to this since Mr. Glasscock has the right to build a hotel, or anything else which is permitted under the present "A-2" zoning on the property. Mr. Mahoney suggested that the reason for the applicant's putting forth the office building as the proposed development was because an office building is not offensive, but that the granting of the "B-2" zoning contained no mention of any restricted uses of the property. Mr. Mahoney stated that his clients object to the application itself which calls for and requests a zoning change to "B-2" because it amounts to a blank check in zoning since there are no restrictions in the application itself. He stated that he did not believe an office building or a resort hotel was going to support the other financially; that the City cannot support another large office building as evidenced by the vacancies in the present office buildings throughout the City; and that nowhere in the world was an office building required and built to support and in conjunction with a hotel, therefore there was no need nor necessity for an office building which required a change in zoning. Mr. Mahoney stated further that this was a promotion in real estate at the expense of his clients 262 since Mr. Glasscock was not going to develope the property himself and.yet he knew what he was buying when he bought the property and filled it in; and Mr. Mahoney suggested that if Mr. Glasscock was interested only in the benefit to the City of Corpus Christi, that he sell the property to the City for what he put into it in addition to expenses involved. Mr. Mahoney stated that the Council should have before it a plat showing the exact location of the building or buildings and the streets. He agreed with Mr. Singer, City Attorney, that the Council cannot legally impose conditions on a rezoning application, and cannot legally withdraw the rezoning later, since zoning is not a license but a proprietary right, and once granted cannot be taken away. He further stated that the integrity and honesty of the City Manager and the Council was beyond question, but that he felt they should be publicly criticized for attending a meeting in the Wilson Tower at the invitation of the applicant in connection with this matter prior to its submission to them as an application; that although he knew the intention was to fully acquaint themselves with the matter, it was indiscreet at that time. Mr. Lyle and Mr. Glasscock presented plats showing the location of the proposed structures and the setbacks which were also viewed by Mr. Mahoney and Mr. T. S. Cyrus, representing W. L. Hammer. Mr. Glasscock stated in answer to some questions, that anyone willing to spend fifteen to twenty thousand dollars (refers to preliminary plans for the proposed structures) is going to be responsible, and that he felt they were sufficiently sound enough to warrant going through a lease with them. He further stated that the same restrictions would apply from one end of the property to the other. T. S. Cyrus, attorney, representing W. L. Hammer, was opposed to the office building, but not to the hotel, on the basis that it is not in the public interest since there are so many large office buildings within a few blocks of this site that are from one-third to one-half vacant, and also that it is very definitely spot zoning. Mrs. W. G. Blake, 1101 Ocean Drive, gave as her objection to the office building that it would spoil her view of the Bay and the enjoyment of her home. Mr. Lyle stated that he felt the request was definitely in the public interest, that the property was unsuitable for any type of development other than multistoried buildings, and that he realized that progress will always be distasteful to some of the residents, but that he feels that the millions of dollars it would entail being spent in Corpus Christi, and the beauty of the type of development and construction, definitely bring it within the good to the public at large. Mr. Theo Weber, 524 Del Mar, asked questions in regard to the use planned and permitted for the balance of the property, and as to the construction of the buildings simultaneously, but did not state whether he was for or against the application. Mrs. Cuban F. Burbank, 1127 Ocean Drive, stated that if Mr. Glasscock's developer was interested in the beauty of the Bay, they were putting the buildings on the wrong side of the street. There followed a discussion in connection with the necessary sewer lines and utility connections involved in a development of this kind, and Mr. Glasscock stated that he believed that if the developer had enough money to finance this type of development, they ought to have enough money -,to put in the proper sewer line, and that he would not hold the City responsible for bringing the utility lines in there. Mr. Saul Cooper spoke in favor of the application from the standpoint that although such progress might temporarily inconvenience 13 or 14 property owners, in a very short time the whole City would benefit from this development, and that the progress might better come when the City was in a position to control an orderly and beautiful development. Mayor Smith asked Mr. Glasscock what would be the logical use for the area south of Morgan that Mr. Glasscock would approve since he had stated that a condition of the lease was to be that Mr. Glasscock would have to approve any further development in addition to the hotel and office building_ proposed. Mr. Glasscock replied that he could not make a definite statement as he could not predict what the City would require at some future date, but that he could assure the Council that he would not approve anything cheap down there, and that at present he assumed anything from apartment hotels, resort hotels to office buildings, but that he was only interested at present in having the filed application acted upon, and it didn't matter to him 263 financially whether or not the City Council granted the rezoning,•he was interested only in the growth of Corpus Christi and the benefit to the community. Motion by Ingle, seconded by Maldonado and passed that the hearing be closed and the application be taken under advisement. There being no further business to come before the Council, the special meeting was adjourned. PRESENT: Mayor Farrell D. Smith Commissioners: W. J. Roberts Manuel P. Maldonado Charlie J. Aills Arthur R. James Odell Ingle REGULAR COUNCIL MEETING May 29, 1957 2:00 p.m. City Manager Russell E. McClure City Attorney I. M. Singer City Secretary T. Ray Kring Mayor Farrell D. Smith called the meeting to order. The Invocation was given by Dr. Ben M. David, of the 18th Street Baptist Church. City Secretary Kring called the roll of those in attendance. Motion by Roberts, seconded by Maldonado and passed that the absence of Commissioner Bigler be excused. .i Motion by Maldonado, seconded by Roberts and passed that the minutes of the regular meeting of May 22nd be approved. Mayor Smith announced that next on the agenda was two pending items on zoning applications. Motion by Roberts, seconded by Maldonado and passed that the application of Mrs. F. G. Rednick, Paul R. Wimberly & George Strauss for a change in zoning from 11R-2" Two -Family Dwelling District to "A-2" Second Apartment House District on Lots 56 through 64, Block 808, Port Aransas Cliffs, being those lots on the east side of S. Alameda running 225 feet north from Harrison Street, be denied since the applicant has been unable to meet the conditions suggested which would eliminate the spot zoning feature of the application. Motion by Ingle, seconded by James and passed that the application of Mrs. Mac,W. Williams for a change in zoning from 11R-1" Single Family Dwelling District to "B-3" Secondary Business District on the rear 200 feet of Lots 2-9, Block 1, Boulevard Place, be denied on the basis that the application was inconsistent with the showing of need and the granting of the application would constitute an unjust enrichment to the property owners by their having sold a portion of their property to the County for right-of-way purposes on the basis of business zoned property. Mayor Smith announced the Council would next hear the City Manager's Reports. Motion by James, seconded by Roberts and passed that the City Manager be authorized to advertise for bids to be received on a quantity of Cast Iron Mechanical Joint Fittings and Gate Valves, for bids to be received on a 12 -months' supply of Vitrified Clay Sewer Pipe, and for bids to be received on 10,000 lbs. of Commercial Grade Caulking Lead. Motion by Roberts, seconded by Maldonado and passed that the following awards be made on the basis of the low bidder meeting the specifications: To Rosson-Richards Company for Wrapping & Coating of 80,460 feet of Steel Pipe for a total of $24,914.52; (See Bid Tabulation #28 in File.); To C. L. Castor Construction Co. for 800 lineal feet of Curb and Gutter in place for a total of $1,184.00. (See Bid Tabulation #29 in File.) Motion by Roberts, seconded by Aills and passed that the City Manager be authorized to sign the Project Application for Federal Aid for development of Public Airports to be submitted to Civil Aeronautics Admin- istration which modifies the previous application authorized by the City Council on May 1, 1957. Motion by James, seconded by Roberts and passed that the City Manager be authorized to request the State Highway Department to construct five parking areas in the section of the Freeway Plan between Shoreline and 11 Mesquite Street in lieu of installing a sprinkler system and landscaping the area. 11 1 264 ORDINANCE NO. 4802 AMENDING ORDINANCE NO. 4789 OF THE CITY OF CORPUS CHRISTI, PASSED AND APPROVED ON THE 1ST DAY OF MAY, 1957, APPEARING OF RECORD IN VOLUME 26, PAGE 266 OF THE ORDI- NANCE AND RESOLUTION RECORDS OF THE CITY AND ENTITLED "AN ORDINANCE ACCEPTING THE BID OF THE CORPUS CHRISTI STATE NATIONAL BANK AS CITY DEPOSITORY FOR THE ENSUING TERM; ACCEPTING AND APPROVING THE PLEDGE OF SECURITIES BY SAID DEPOSITORY IN LIEU OF BOND AS SUCH DEPOSITORY; PROVIDING FOR THE DEPOSIT OF SUCH SECURITIES WITH THE FROST NATIONAL BANK AT SAN ANTONIO, TEXAS, AS TRUSTEE FOR SAFEKEEPING; AND DECLAR- ING AN EMERGENCY", BY PROVIDING FOR THE SUBSTITUTION OF OTHER SECURITIES THEREFOR; PROVIDING FOR THE SURRENDER OF INTEREST AND INTEREST COUPONS FROM DEPOSITED SECUR- ITIES; KEEPING IN EFFECT ALL OTHER PROVISIONS OF SAID ORDINANCE; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Absent Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith. Aye W. J. Roberts Aye B. E. Bigler Absent Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye ORDINANCE NO. 4803 APPROPRIATING THE SUM OF $14,168.25 OUT OF NO. 245 AIRPORT BOND IMPROVEMENT FUND FOR THE PAYMENT HERETOFORE MADE TO LAND OWNERS UNDER AUTHORITY OF ORDINANCE NO. 4675, PASSED NOVEMBER 14, 1956, EXTENDING THE OPTION PERIOD FOR 120 DAYS ON APPROX- IMATELY 1,418.5 ACRES OF LAND TO BE ACQUIRED FOR THE NEW MUNICIPAL AIRPORT, THE` FUNDS HEREBY APPROPRIATED BEING TO REIMBURSE AND TO BE TRANSFERRED TO 102 CURRENT FUND, WHICH FUND ADVANCED THE AMOUNTS AUTHORIZED BY SAID ORDINANCE NO. 4675; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith W. J. Roberts B. E. Bigler Manuel P. Maldonado Charlie J. Aills Arthur R. James Odell Ingle The foregoing ordinance was passed by the following vote: Farrell D. Smith W. J. Roberts B. E. Bigler Manuel P. Maldonado Charlie J. Aills Arthur. R. James Odell Ingle ORDINANCE NO. 4804 Aye Aye Absent Aye Aye Aye Aye Aye Aye Absent Aye Aye Aye Aye AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A LEASE AGREEMENT WITH GENERAL AERO PARTS COMPANY, A CORPORATION, COVERING BUILDING NO. 603, LOCATED AT CUDDIHY FIELD, NUECES COUNTY, TEXAS, A COPY OF WHICH AGREEMENT IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith W. J. Roberts B. E. Bigler Manuel P. Maldonado Charlie J. Aills Arthur R. James Odell Ingle The foregoing ordinance was passed by the following vote: Farrell D. Smith W. J. Roberts B. E. Bigler Manuel P. Maldonado Charlie J. Aills Arthur R. James Odell Ingle Aye Aye Absent Aye Aye Aye Aye Aye Aye Absent Aye Aye Aye Aye 265 FIRST READING OF AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI, ADOPTED ON THE 27TH DAY OF AUGUST, 1937, APPEARING OF RECORD IN VOLUME 9, PAGES 565 ET SEQ OF THE ORDINANCE AND RESOLUTION RECORDS OF THE CITY OF CORPUS CHRISTI AND AS AMENDED FROM TIME TO TIME THEREAFTER, AND IN PARTICULAR AS AMENDED BY ORDINANCE NO. 2266, PASSED AND APPROVED BY THE CITY COUNCIL ON THE 4TH DAY OF MAY, 1948, APPEARING OF RECORD IN VOLUME 16, PAGES 339 ET SEQ OF THE ORDINANCE AND RESOLUTION RECORDS OF THE CITY OF CORPUS CHRISTI, BY AMENDING ARTICLE V, SECTION 2, OF SAID ORDINANCE NO. 2266, ADOPTING OFFICIAL ZONING DISTRICT MAPS OF THE CITY, MAKING SUCH MAPS PRIMA FACIE EVIDENCE, ESTABLISHING ADDITIONAL RULES FOR INTERPRETATION, DESIGNATING RESPONSIBILITY FOR CUSTODY OF SAID MAPS AND DELEGATION OF AUTHORITY TO AND IMPOSING THE DUTY OF RECORDING OF SUBSEQUENT CITY COUNCIL AMENDMENTS THERETO, PROVIDING EXCEPTIONS AND REPEALING ALL PREVIOUSLY ADOPTED ZONING MAPS AND ORDINANCES OR PARTS OF ZONING MAPS AND ORDINANCES IN CONFLICT HEREWITH. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Absent Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye Mayor Smith invited anyone with petitions or information for the Council on matters not scheduled on the agenda to come forward and be heard. .. Mr. W. T. Hunt, 1509 S. Alameda, adjacent to the Henry Knolle property, appeared in connection with the Knolle operation in the Six Points area. He stated that he and other adjacent property owners in the area had met at his home with Mr. Singer, City Attorney, to inform him of their complaints against the operation of this industry and the conditions created by it. Mr. Hunt felt that if the surrounding property owners could get the Glasscock Fill zoning application tabled, that the Council should help his group in their situation. He stated that the surrounding property owners felt that the publicipy had all been one sided, and that the City Council and the City Attorney ought to inform the public of the other side of the situation and of all the violations under which Mr. Knolle was operating. Mayor Smith replied that the Council realizes that there is a great deal of public concern over the matter of the Knolle Creamery and the zoning problems relating to it, that it is unfortunate that the Council must remain silent on the matter because of the fact that there is a zoning application pending which has not yet come before the Council, and that they must therefore remain unbiased and unprejudiced. He explained that action on the law suit is awaiting action on the zoning case, and that everyone concerned will have an equal and fair opportunity to present information, since the matter involves primarily a technicality, and that the Council is confident that the entire situation can be settled to the reasonable satisfaction of the entire City, the adjacent property owners and to the Creamery. Mayor Smith explained that with reference to Mr. Hunt's remark about the Glasscock Fill zonin application, the matter had not been "tabled" but had been "taken under advisement" for examination and study of the information and evidence presented, as are most of the zoning requests which come before the Council for deci- sion. "Honest John" Bagwell appeared and asked Commissioner Ingle if he:.thought it was right for Mr. Blocker to be denied a water tap connection on his Drive -In Theater just because he has not platted his property and been brought inside the City limits. Commissioner Ingle told Mr. Bagwell to please address his remarks to the Council. Mr. Bagwell insisted on asking each Commissioner the same question, and Mayor Smith explained that the entire Council was there as a Council to listen to any information any citizen cared to present, and to take whatever action was proper after study and consideration of the information presented and the facts of the matter involved. Mr. Bagwell restated his comments of last week's regular meeting with reference to the foregoing matter of utilities connections, and made further reference to his opinion of the Knolle Creamery lawsuit. Mayor Smith explained that the Council and the City as a whole, is concerned that proper sanitary installations are made within 5 miles of the City limits, but that under law the City cannot install the utility connections until the property is platted and brought into the City limits. Mayor Smith suggested that Mr. Bagwell talk with Mr. Knolle to relieve his own mind, because Mr. 266 Knolle could give him the facts of the situation and assure Mr. Bagwell that he was confident of receiving a fair and reasonable settlement of the matter. In answer to a direct question, Mr. Hunt answered Mr. Bagwell that he had many times seen unsani- tary conditions in connection with the Knolle Creamery. There being no further business, the meeting was adjourned. I, Farrell D. Smith, Mayor of the City of Corpus Christi, Texas, certify that the foregoing minutes, same being for the period of May 1, 1957, to May 29, 1957, inclusive, and having been previously approved by Council action, are by me hereby approved. PRESENT: Mayor Farrell D. Smith Commissioners: W. J. Roberts B. E. Bigler Manuel P. Maldonado Charlie J. Aills .Arthur R. James Odell Ingle FARRELL D. SMITH, Mayor The City of Corpus Christi, Texas REGULAR COUNCIL MEETING June 5, 1957 2:00 p.m. City Manager Russell E. McClure City Attorney I. M. Singer City Secretary T. Ray Kring Mayor Farrell D. Smith called the meeting to order. The Invocation was given by Reverend Clyde Riggs, of Ebony Acres Baptist Church. City Secretary Kring called the roll of those in attendance. Motion by Maldonado, seconded by James and passed that the minutes of the special meeting of May 28th and regular meeting of May 29th be approved. Mayor Smith announced the Council would next hear the City Manager's Reports. Motion by Bigler, seconded by Aills and passed that the construction of the Corn Products Road Water Line by Heldenfels Brothers be accepted, and final payment be made in the amount of $9,898.26. Motion by James, seconded by Maldonado and passed that a reduction in the amount of $22.40 be made in the assessment against the property of Mrs. Dahlia M. Carpenter abutting the east side of Staples Street south of the Gollihar Storm Sewer right-of-way, in connection with the Staples Street Improvements, Hamlin to Gollihar, due to a survey correction in the measurement of the frontage from 556.56' to 551.6' ORDINANCE NO. 4805 RECEIVING AND ACCEPTING CONSTRUCTION OF THE CORN PRODUCTS ROAD WATER MAIN, PROJECT NO. 7-53-2, PERFORMED BY HELDENFELS BROTHERS, UNDER THEIR CONTRACT WITH THE CITY DATED JANUARY 4, 1957, AS AUTHORIZED BY ORDINANCE NO. 4696; AUTHORIZING PAYMENT OF FINAL ESTIMATE, A COPY OF WHICH IS ATTACHED HE AND MADE A PART HEREOF, DATED MAY 29, 1957, IN THE AMOUNT OF $9,898.26 TO BE PAID OUT OF CONSTRUCTION AND CONTIN- GENCY FUNDS PREVIOUSLY APPROPRIATED FROM NO. 298 AND NO. 202, WATERWORKS IMPROVEMENT FUND; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P.. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye 26"7 SECOND READING OF AN ORDINANCE: AMENDING THE ZONING ORDINANCE OF.THE CITY OF CORPUS CHRISTI, ADOPTED ON THE 27TH DAY OF AUGUST, 1937, APPEARING OF RECORD IN VOLUME 9, PAGES 565 ET SEQ OF THE ORDINANCE AND RESOLUTION RECORDS OF THE CITY OF CORPUS CHRISTI, AND AS AMENDED FROM TIME TO TIME THEREAFTER, AND IN PARTICULAR AS AMENDED BY ORDINANCE NO. 2266, PASSED AND APPROVED BY THE CITY COUNCIL ON THE 4TH DAY OF MAY, 1948, APPEARING OF RECORD IN VOLUME 16, PAGES 339 ET SEQ OF THE ORDINANCE AND RESOLUTION RECORDS OF THE CITY OF CORPUS CHRISTI, BY AMENDING ARTICLE V, SECTION 2, OF SAID ORDINANCE N0. 2266, ADOPTING OFFICIAL ZONING DISTRICT MAPS OF THE CITY, MAKING SUCH MAPS . PRIMA FACIE EVIDENCE, ESTABLISHING ADDITIONAL RULES FOR INTERPRETATION, DESIGNA- TING RESPONSIBILITY FOR CUSTODY OF SAID MAPS AND DELEGATION OF AUTHORITY TO AND IMPOSING THE DUTY OF RECORDING OF SUBSEQUENT CITY COUNCIL AMENDMENTS THERETO, PROVIDING EXCEPTIONS AND REPEALING ALL PREVIOUSLY ADOPTED ZONING MAPS AND ORDINANCES OR PARTS OF ZONING MAPS AND ORDINANCES IN CONFLICT HEREWITH. Motion by Roberts, seconded by Bigler and passed that the foregoing ordinance be amended as follows "SECTION 6. That the Zoning District maps herein adopted be amended to show Lots 1 through 11, Block 4, Parkdale Village, being all of those lots fronting on the west side of the 4600 Block of Parkdale Drive and Gollihar Road, to be zoned as "A-1" First Apartment House District as approved by the City Council on the 8th day of May, 1957, and as set forth in Ordinance No. 4800 passed and approved on the 22nd day of May, 1957. "That the Zoning District maps herein adopted be amended to show that tract of land having a frontage of 30.75 feet on Everhart Road measured southwesterly from a point 180 feet southwest of the original center line of Gollihar Road (Parkdale Drive) extending to a depth of 192.98 feet, being located at 4513 Everhart Road, to be zoned as "B-1" Neighborhood Business District as approved by the City Council on the 30th day of April, 1957, and as set forth in Ordinance No. 4801 passed and approved on the 22nd day of May, 1957." Mr. Harold Alberts, attorney representing Frank and Morris Braslau, appeared and requested that the Council also make provision to include in the foregoing ordinance a change in the zoning map to reflect the action authorized by Ordinance No. 4659, dated October 31, 1956, which Mr. Alberts claimed was a valid ordinance by a vote of three in favor and two against. Mr. Alberts recited a case of the Supreme Court of Ohio and all appelate divi- sions that had ruled that only a simple majority vote of the governing body is all that is necessary to make a decision valid, and left a brief of this with the Council. He further pointed out that although the Building Permit office of the City holds that this property in question is ioned as "R-1" One -Family Dwelling, yet the Tax Equaliza- tion Board has upheld the Tax Department's assessment of the property as "B-1" Neighborhood Business District, which he stated his clients are more than willing to pay the increased taxes from $8,200.00 to $64,860.00, provided all City Departments recognize the "B-1" zoning. Mr. Alberts contended that the Charter is an authority superior to an ordinance and that the Council cannot divest itself of any power conferred on it by the Charter. Mr. Albert request ed that the zoning change provided for in Ordinance No. 4659 be included in the second reading of the ordinance now before the Council on the grounds that the Council must presume an ordinance to be valid until ruled by the Courts to be invalid. During the discussion, the sequence of events which led'up to the -Ordinance No. 4659 was reviewed, and Mr. Singer, City Attorney, pointed out that the brief to which Mr. Alberts referred makes no mention of the fact that our Charter provides that the Council shall make its own rules of procedure and decisions, and that his point is that the Council, having made its rules of procedure requiring a three-fourths majority vote to change a decision of the Zoning & Planning Commission, none of those votes which change a decision of the Zoning & Planning Commission by anything less than a three-fourths vote are effective until that rule of procedure heretofore adopted is changed. Motion by Ingle, seconded by Maldonado and passed that the matter be taken under advisement for further study before the third reading of the ordinance. SECOND READING OF AN ORDINANCE: AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI, ADOPTED ON THE 27TH DAY OF AUGUST, 1937, APPEARING OF RECORD IN VOLUME 9, PAGES 565 ET SEQ OF THE ORDINANCE AND RESOLUTION RECORDS OF THE CITY OF CORPUS CHRISTI, AND AS AMENDED FROM TIME TO TIME THEREAFTER, AND IN PARTICULAR AS AMENDED BY ORDINANCE NO. 2266, PASSED AND APPROVED BY THE CITY COUNCIL ON THE 4TH DAY OF MAY, 1948, APPEARING OF RECORD IN VOLUME 16, PAGES 339 ET SEQ OF THE ORDINANCE AND RESOLUTION RECORDS ` OF THE CITY OF CORPUS CHRISTI, BY AMENDING ARTICLE V, SECTION 2, OF SAID ORDI- NANCE NO. 2266, ADOPTING OFFICIAL ZONING DISTRICT MAPS OF THE CITY, MAKING SUCH MAPS'PRIMA FACIE EVIDENCE, ESTABLISHING ADDITIONAL RULES FOR INTERPRETATION, DESIGNATING RESPONSIBILITY FOR CUSTODY OF SAID MAPS AND DELEGATION OF AUTHORITY TO AND IMPOSING THE DUTY OF RECORDING OF SUBSEQUENT CITY COUNCIL AMENDMENTS THERETO, PROVIDING EXCEPTIONS AND REPEALING ALL PREVIOUSLY ADOPTED ZONING MAPS AND ORDINANCES OR PARTS OF ZONING MAPS AND ORDINANCES IN CONFLICT HEREWITH. The foregoing ordinance was read for the second time and passed to its third and final reading by the following vot4: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye Mayor Smith invited anyone in the audience with petitions or information for the Council on matters not scheduled on the agenda to come forward and be heard. City Secretary Kring presented a petition which had been received containing 29 signatures of residents in the Meadow Park Addition, which Mayor Smith read, requesting the City to install culverts and drainage facilities in the 200 and 300 blocks of Cortez Street. Motion by James, seconded by Ingle and passed that the foregoing petition be received and referred to the City Manager for investigation and recommendation. There being no further business to come before the Council, the meeting was adjourned. PRESENT: Mayor Farrell D. Smith Commissioners: W. J. Roberts B. E. Bigler Manuel P. Maldonado Charlie J. Aills Arthur R. James Odell Ingle 5th be approved. REGULAR COUNCIL MEETING June 12, 1957 2:00 p.m. City Manager Russell E. McClure City Attorney I. M. Singer City Secretary T. Ray Kring Mayor Farrell D. Smith called the meeting to order. The Invocation was given by Reverend Hubert C. Palmer, of All Saints' Episcopal Church. City Secretary Kring called the roll of those in attendance. Motion by Maldonado, seconded by James and passed that the minutes of the regular meeting of June Mayor Smith announced the next item was two pending items of zoning before the Council, the first being the application of Messrs. Warren, Carr and Modessett for a change of zoning from "R-1" One -Family Dwelling District to "B-3" Secondary Business District on a tract of land located at the southeast corner of Airline Road and S. Alameda Street, on which application public hearing was held January 23, 1957. Mayor Smith explained that the original application covered the rezoning of 11.92 acres of land; that the Council has reviewed the matter and would approve 7.85 acres of the application on the basis of the amend- ed application, but for "B-1" Neighborhood Business District rather than for "B-3" Secondary Business District since all proposed usages could be accomplished with "B-1" Neighborhood Business District zoning; that the 7.85 acres to be approved was to be subject to a reduction in frontage along Alameda lining up with Paloma Street, or a point to the west, and to 57,600 sq. ft. of building area, and to a parking ratio of approximately 3.7 to 1, but not less than 3 to 1, with a buffer strip for protection of residences across the street to be incorporated into the plat; and such approval to be conditioned upon an acceptable plat to reflect these conditions, including the actual location of the buildings on the plat, and construction to be begun by January 1, 1959. Motion by James, seconded by Maldonado and passed that the foregoing application be approved as stated by Mayor Smith, subject to the filing of final plat being approved by the Zoning & Planning Commission and the Council. Next was the application of Victor Moses for a change of zoning from 11R-1" One -Family Dwelling District to "B-3" Secondary -Business District on Lots 9, 10, 11, 12 and all that portion of Lots 14, 15, and 16, Block 5, lying east of Port Avenue, also known as Highway No. 96, Broadmoor Park Addition No. 1, being generally that property located on the NE corner of the intersection of Tarleton Street and South Port Avenue, for which public hearing was held April 9, 1957. City Manager McClure explained that the recommendation of the Zoning and Planning Commission had 269 0 been for denial on the basis that no public necessity had been demonstrated by the applicant and that the introduc- tion of a business zone at this location would interfere with the use of the property along David Street which is zoned and deed restricted for residential purposes. He further stated that the question had been raised at the public hearing concerning the right-of-way needs in connection with the expressway and reported that the matter is still not resolved and will not be for some time since no design studies can be made to determine exactly how much property will be .required to construct the overpass at Port Avenue until approved by the State. Motion by Bigler, seconded by Roberts and passed that the application of Victor Moses for a change of zoning from 11R-1" One -Family Dwelling District to 11B-3" Secondary Business District on Lots 9, 10, 11, 12 and all that portion of Lots 14, 15 and 16, Block 5, lying east of Port Avenue, Broadmoor Park Addition No. 1, be denied on the basis that no public necessity has been demonstrated by the applicant; that the introduction of a business zone at this location would interfere with the use of the property along David Street which is zoned and deed restricted for residential purposes; and that the right-of-way needs in connection with the expressway development cannot be determined for some time. Mayor Smith announced the opening of bids. Bids were opened and read on various quantities of Cast Iron Mechanical Joint Fittings and Gate Valves from the following: Alamo Iron Works Crane Company Darling Valve Co. Iowa Valve Co. Ludlow Valve Co. Municipal Pipe & Fabricating Co. The Rohan Co. SAMSCO U. S. Pipe & Foundry Viking Supply Wallace Co. AMSTAN C. C. Hardware Co. Gulf Supply Norvell-Wilder Motion by Roberts, seconded by Bigler and passed that the foregoing bids be tabled for 48 hours as required by the City Charter, and referred to the City Manager for tabulation. Mayor Smith announced the Council would next hear the City Manager's Reports. Motion by Bigler, seconded by Maldonado and passed that the City Manager be authorized to adver- tise for bids to be received on a 12 -months' supply of Water Treating Chemicals. Motion by Ingle, seconded by Bigler and passed that the City Manager be authorized to advertise for bids to be received on a Fence Around the Texas State Guard Armory. approved. Motion by Aills, seconded by Bigler and passed that the Tax Error and Correction Lift for May be Motion by Roberts, seconded by Aills and passed that the Plans and Specifications for the Savege Lane Fire Station #9 be approved, and the City Manager be authorized to advertise for bids to be received on July 10, 1957. ORDINANCE NO. 4806 AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE A LEASE -BETWEEN THE CITY OF CORPUS CHRISTI AND NUECES COUNTY, TEXAS, FOR A PORTION OF PARK PROPERTY LOCATED ON THE CORNER OF HOWARD AND COKE -STREETS, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FOR THE PURPOSE OF PROVIDING A SITE FOR THE LOCATION OF A BUILDING FOR THE MAINTAINING OF A SURPLUS COMMODITY DISTRIBUTION CENTER, IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF SAID LEASE, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills, Aye Arthur R. James Aye Odell Ingle Aye 270 The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye ORDINANCE NO. 4807 AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE RELEASES OF SPECIAL ASSESSMENT AS FOLLOWS: (1) IN THE AMOUNT OF $282.86 AGAINST THAT CERTAIN PROPERTY FRONTING 50 FEET ON THE EAST SIDE OF ALAMEDA STREET, DESCRIBED AS BEING LOTS 49 AND 50, BLOCK 814, PORT ARANSAS CLIFFS ADDITION; (2) IN THE AMOUNT OF $67.94 AGAINST THAT CER- TAIN PROPERTY FRONTING 29.47 FEET ON THE WEST SIDE OF SOUTH STAPLES STREET, DESCRIBED AS BEING IAT NO. 12 IN BLOCK NO. 3, OF ARCADIA SUBDIVISION; AND (3) IN THE AMOUNT OF $545.08 AGAINST THAT CERTAIN PROPERTY FRONTING 159.81 FEET ON THE WEST SIDE OF SOUTH STAPLES STREET, DESCRIBED AS BEING LOT NO. 19 IN BLOCK NO. 14 OF BEL AIRE PARK, UNIT NO. 1, A SUBDIVISION -IN THE CITY OF CORPUS CHRISTI, TEXAS; AND THE OWNERS THEREOF, JOHN MENDLESKI, JOHN KOSAREK, AND DAN H. CLARK, RESPECTIVELY, FOR AND IN CONSIDERATION OF THE PAYMENT OF SUCH ASSESSMENTS, A COPY OF WHICH RELEASES ARE ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle' Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye SECOND READING OF AN ORDINANCE: REGULATING IMMORAL OR DEPRAVED PUBLICATIONS, MOTION PICTURES, PENNY ARCADE MACHINE PICTURES AND INDECENT OBJECTS; PROVIDING THAT THE EDITING, PUBLISHING OR DISSEMINATION OF ANY PAMPHLET, MAGAZINE OR ANY PRINTED PAPER DEVOTED MAINLY TO THE PUBLICATION OF WHORING, LECHERY, ASSIGNATION, INTRIGUES BETWEEN MEN AND WOMEN AND IMMORAL CONDUCT OF PERSONS, OR OF DEPRAVED ACTS AS SHOWING VIOLENT BRUTALITY, OR THE POSSESSION OR KEEPING FOR SALE OR DISTRIBUTION OR ASSISTING IN THE SALE OR DISTRIBUTION OF ANY SUCH PAMPHLET, MAGAZINE OR PRINTED MATTER,' OR THE SHOWING OF LEWD, LASCIVIOUS, OBSCENE, INDECENT, IMMORAL PICTURES, OR OF PICTURES OF ACTS SHOWING VIOLENT BRUTALITY, ON THE COVER, JACKET, OR FRONTISPIECE; MAKING IT UNLAWFUL FOR ANY PERSON, FIRM OR CORPORATION OR ANY AGENT OR EMPLOYEE THEREOF, ACTING AS A WHOLESALE DISTRIBUTOR OR NEWS AGENCY TO REQUIRE, OR DEMAND OF, ANY PERSON,.FIRM, OR CORPORATION SELLING GOODS, WARES, AND MERCHANDISE AT RETAIL TO PURCHASE OR ACCEPT FROM SUCH DISTRIBUTOR OR AGENCY ANY PARTICULAR PAMPHLET, MAGAZINE OR -PRINTED MATTER IN ORDER THAT SUCH RETAILER MIGHT PURCHASE OR SECURE FROM SUCH DISTRIBUTOR OR AGENCY ANY OTHER PAMPHLET, MAGAZINE, OR PRINTED MATTER; MAKING IT UNLAWFUL FOR ANY PERSON TO HAVE IN HIS POSSESSION IN ANY PUBLIC PLACE ANY OBSCENE, LEWD, INDE- CENT, LASCIVIOUS BOOK, PAMPHLET, OR OTHER REPRESENTATION, FIGURE OR IMAGE ON PAPER OR OTHER MATERIAL'OF AN IMMORAL OR INDECENT NATURE; OR ANY NEWS PAPER OR MAGAZINE CONTAINING PICTURES OF NUDE OR PARTLY NUDE MEN OR WOMEN; PROVIDING A PENALTY FOR VIOLATION; REPEALING ORDINANCE NO. 852 PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI ON THE 24TH DAY OF MAY, 1938, OF RECORD IN VOLUME 10, PAGE 173, OF THE ORDINANCE AND RESOLUTIONS RECORDS.OF THE CITY OF CORPUS CHRISTI, TEXAS; CONTAINING A CORPORATION CLAUSE AND PROVID- ING FOR PUBLICATION. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Farrell D. Smith Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye W. J. Roberts Aye THIRD AND FINAL READING OF AN ORDINANCE: ORDINANCE NO. 4808 AUTHORIZING AND DIRECTING THE CITY MANAGER OF THE CITY OF CORPUS CHRISTI, TEXAS, TO EXECUTE A CONTRACT BY AND BETWEEN THE CITY OF CORPUS CHRISTI AND MAGNOLIA PETROLEUM COMPANY FOR THE LEASE BY SAID CITY TO THE SAID MAGNOLIA PETROLEUM COMPANY OF CERTAIN REAL ESTATE IN NUECES COUNTY, TEXAS, WITHIN THE LIMITS OF THE CITY OF CORPUS CHRISTI, MORE PARTICULARLY DESCRIBED IN THE BODY HEREOF; SETTING FORTH -THE TERMS AND CONDITIONS OF SAID LEASE 2'71 The foregoing ordinance was read for the third and final time and passed by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J..Aills Aye Arthur R. James Aye Odell Ingle Aye City Manager McClure read a•letter received from Robert H. Purl, Attorney representing Mr. W. H. Corbusier and Mr. E. E. Capps, applying for a franchise to operate a Hertz Rent -a -Car service -for the furnishing of automobiles and trucks to the public.on a rental basis in the City of Corpus Christi. The normal procedure for the granting of a franchise to operate driverless automobiles in the City of Corpus.Christi was explained to Mr. Purl, who was present, and the matter was referred to the City Manager for processing. Mayor Smith read a petition which had been received, signed by nine families in the 400 block of Cole Street, requesting the City to install new sewer pipe or other facilities so as to eliminate the constant overflow in the City's easement in the 400 block of Cole Street. The foregoing petition was referred to the City Manager for study and recommendation. Mayor Smith read a petition presented by Mr. Bigur S. Burgur, 330 Westchester, signed by 14 members of the Latin American Church of the Nazarene, 410 Virginia, and one signed by 48 residents of Virginia Avenue, requesting the City to clean the ditches and remove all pipes and obstructions that prevent the proper flow of surface water on Virginia Avenue from Agnes to Baldwin. Commissioner Bigler reported that this matter was being taken care of at the present time. Mayor Smith next invited anyone in the audience with petitions or information for the Council on matters not scheduled on the agenda to come forward and be heard. i . No one appeared. There being no further business to come before the Council, the meeting was adjourned. PRESENT: Mayor Farrell D. Smith Commissioners: W. J. Roberts _. B. E. Bigler Manuel P. Maldonado Charlie J. Aills Arthur R. James Odell Ingle REGULAR COUNCIL MEETING June 19, 1957 2:00 p.m. City Manager Russell E. McClure Asst City Attorney Glenn Parker City Secretary T. Ray Kring Mayor Farrell D. Smith called the meeting to order. The Invocation was given by Reverend Ardra Walker, of Prescott Christian Church. Motion by James, seconded by Maldonado and passed that the minutes of the regular meeting of June 12th be approved. following: Mayor Smith announced the opening of bids. Bids were opened and read on various quantities and sizes of Vitrified Clay Sewer Pipe from the W. S. Dickey Clay Co. SAMSCO The Southern Co. Motion by Roberts, seconded by Bigler and passed that the foregoing bids be tabled for 48 hours as required by the City Charter and referred to the City Manager for tabulation. Bids were opened and read on 10,000 lbs. Commercial Grade Caulking Lead from the following: Alamo Iron Works' C. C. Hardware Crane Co. Dixie Lead Co. Houston Lead Co. Norvell-Wilder SAMSCO Wallace Co: 272 Motion by Maldonado, seconded by Roberts and passed that the foregoing bids be tabled for 48 hours as required by the City Charter and referred to the City Manager for tabulation. Mayor Smith announced the next item concerned appointments to several boards as follows: MEMORIAL HOSPITAL BOARD:. Mr. Ellroy King and Mr. Ennis L. Joslin. Mn Joslin being re-appoitited and Mr. King replacing Mr. Charlie J. Aills, now on the City Council. FIRE PREVENTION BUREAU: Mr. George Strauss, Mr. F. E. Peckenpaugh, Mr. Clyde Fairbairn, Mr. Celso Guzman, and Mr. E. G. Mehlburger. CIVIL SERVICE BOARD: Mr. Everett L. Williams, re -appointed. BUILDING CODE OF APPEALS: Mr. James R. Dinn, re -appointed. Motion by Bigler, seconded by Roberts and passed that.the foregoing appointments to boards as announced by Mayor Smith be confirmed. Mayor Smith announced the Council would next hear the City Manager's Reports. Motion by Roberts, seconded by Bigler and passed that the City Manager be authorized to advertise for bids to be received for an estimated 12 -months' supply of Liquefied Chlorine. Motion by James, seconded by Bigler and passed that the award of bid for Cast Iron, Mechanical Joint Fittings & Gate Valves be made on the basis of the low bid as follows: C. C. Hardware Co., Items 27 thru 31, for a net total of $569.87;' Municipal Pipe & Fabricating Co., Item 21, for a net total of $129.83; San Antonio Machine & Supply Co., Items 6 thru 9, 10, 13 thru 16, 32, for a net total of $2,069.91; Viking Supply Co., Items 1 thru 5, 11, 12, 17 thru 20, 22 thru 26, 33, for a net total of $11,770.22. (See Bid Tabulation X30 in File.) Motion by James, seconded by Bigler and passed that the proposal from James Bright for Archi- tectural Services in connection with Acoustical Treatment of Memorial Coliseum be approved, subject to the execu of a contract in accordance with said proposal. Motion by Bigler, seconded by Roberts and passed that the date of July 9, 1957, during a special Council meeting at 2:00 p. m., be set for a public hearing on one zoning application and an application for amendment to the zoning ordinance. Motion by Bigler, seconded by Aills and passed that the request of 0. S. Wyatt, Jr., President of Coastal States Gas Producing Co., for a permit to use space under the public sidewalk in connection with the foundation for the petroleum tower building at 811 N. Carancahua, Lots 3 and 4, Block 10, Bluff Portion, be granted subject to the Building Inspector having letters in his file from all utility companies involved stating they have no objections to this use. ORDINANCE NO. 4809 AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXERCISE THE OPTION CONTAINED IN THE DEED OF THE CITY, DATED OCTOBER, 1952, TO JOE DAY CONCERNING A PORTION OF THE AREA FORMERLY DESIGNATED AS VINE STREET, FOR CONSIDERATION OF $672,00 CASH; APPROPRIATING THE SUM OF $672.00 OUT OF NO. 220 STREET BOND IMPROVEMENT FUND, VARIOUS STREET CONNECTIONS: RIGHTS-OF-WAY, PROJECT #1-53-22; SETTING A DATE.FOR PUBLIC HEARING FOR ESTABLISHING SUCH STREET; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye.. Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye Mayor Smith invited anyone in the audience with petitions or information for the Council on 2'73 matters not scheduled on the agenda to come forward and be heard. Mrs. M. E. McDonald, 314 Canterbury, appeared and protested against the spending of any money on the Memorial Coliseum on the basis of the majority vote against the bond issue in this connection on October 6, 1956. She criticized the resurfacing of streets in Lamar Park instead of paving one block of Kentner which she said was needed at the Montclair School to.prevent the children from having to walk in ankle-deep mud,to and from school. She demanded that the Council start the program for eliminating the odors from the Oso as it was an intolerable condition and the money had been voted.for it. Mayor Smith explained the stipulations and conditions contained in the Legislative Bill which authorized the sale of the 800 acres of submerged land of the Oso and the required procedure for obtaining the money in hand after a bond issue is voted. It was further explained to Mrs. McDonald that in connection with the school property, there was no dedicated street, and it was unplatted land, but that the Council would investigate the matter and see what could be done to help the situation. Cecil Burney, attorney for Franklyn Critz.and other merchants affected by the zoning application of Warren, Carr & Modessett, appeared to protest against the action of the Council last week in granting a commer- cial zoning of.property at the SE corner of Airline Road and S. Alameda. He stated that at the public hearing held in January of 1957, Dudley Foy, representing the applicants had requested additional time to present further perti- nent information, as had Mr. Critz, and the Council said they would delay action pending this information. Mr. Burney stated that his client had gone to considerable expense to obtain aerial photographs of the area, which were delayed due to bad flying weather, and other factual information concerning existing businesses in the area, the extent of commercial zoning already in the area, and compiled information concerning the number of families needed to support the existing shopping areas as compared to the number of families in the area, and a list of all the existing businesses in the area, all of which he presented to the Council, together with an 11 -page prepared report. Mr. Burney critized the Council for not notifying him that they intended to take action on this application at last week's Council meeting after agreeing to allow his client an opportunity to present further information. Mayor Smith reminded Mr. Burney that the public hearing had been closed and the matter taken under advisement; that the Council had agreed to allow the applicant and other interested parties to present additional information for the Council's consideration; that Mr. Burney's letter requesting postponement of a decision had referred only to aerial photographs and had particularly asked if the matter could be postponed until after Monday, February 11th; that the Council felt they had sufficiently informed themselves through personal inspection of the area in question and thorough review of the application and pertinent factual data; and that the granting of the business zoning had been a modification of the original application in that it was for a lower zoning than that requested and for a reduced area. Mr. Franklyn Critz also appeared in his own behalf and in support of Mr. Burney's statements, and stated that the three supermarkets in the area were not any of them making any money and that therefore there was not the need for more commercial zoning, and requested that since the ordinance changing the zoning map to reflect this action of the Council had not yet been read, that the Council first read the material.just presented by Mr. Burney, and he was sure they would agree there was no need for additional commercial zoning at the present time. City Secretary Kring read a petition received, signed by 33 residents of Hiawatha Street, request- ing the installation ofan efficient drainage system and for the improvement of the streets in Meadow Park. It was directed that this petition be processed along with the same request for the same area which was received by the .Council at last week's meeting and referred to the City Manager for study and recommenda- tion. There being no further business to come before the Council, the meeting was adjourned. I 2'74 PRESENT: Mayor Farrell D. Smith °-Commissioners: W. J. Roberts B. E. Bigler Manuel P. Maldonado Arthur R. James Odell Ingle be approved. REGULAR COUNCIL MEETING June 26, 1957 2:00 p.m. City Manager Russell E. McClure City Attorney I. M. Singer City Secretary T. Ray Kring Mayor Farrell D. Smith called the meeting to order. The Invocation was given by the Reverend A. D. Norris of Travis Baptist Church. City Secretary Kring called the roll of those in attendance. Motion by Roberts, seconded by Bigler and passed that the absence of Commissioner Aills be excused. Motion by Maldonado, seconded by James and passed that the minutes of the regular meeting of June 19th Mayor Smith announced the opening of bids. Bids were opened and read on 1,259 linear feet, 11 gauge chain link fence with 3 strands of barbed wire along the top and one 15' gate for installation around Texas State Guard Armory from the following: Alamo Iron Works Anchor Fence Division Cyclone Fence Co. Dominy Lumber Co. Kuykendall Home Improvement Hurricane Fence Co. Portland Lumber & Supply Reagans' Home Improvement Storm Fence Co. C. C. Fence Co, Motion by Bigler, seconded by James and passed that the foregoing bids be tabled for 48 hours as required by the City Charter and referred to the City Manager for tabulation. Bids were opened and read on various amounts and kinds of Water Treating Chemicals from the following: Austin White Lime Co. Barada & Page, Inc. Blackson Chemical Co. Kafie Lumber & Bulk Barites Co. Round Rock White Lime Co. Texas Lime Co. The American Agricultural Chemical Co. Thompson -Hayward Chemical Co. Motion by Bigler, seconded by Maldonado and passed that the foregoing bids be tabled for 48 hours as required by the City Charter and referred to the City Manager for tabulation. Mayor Smith announced the Council would next hear the City Manager's Reports. Motion by Bigler, seconded by James and passed that the award of bid for 10,000 lbs. Caulking Lead be made to The Wallace Company at the low bid of $1,445.50 net total. (See Bid Tabulation #31 -in File.) Motion by Maldonado, seconded by James and passed that the City Manager be authorized to advertise for bids to be received on 500 House Gas Regulators. Motion by Bigler, seconded by Maldonado and passed that the City Manager be authorized to advertise forbids to be received for the sale of a block of land of approximately 8 acres along Brawner Parkway and Stir - man Street approximately east of the Carroll Lane Elementary School—on the basis of bids on the entire block, in which case the successful bidder would be required to plat the property, or an alternate bid for individual lots with City utilities of water, sewer and gas already installed, the successful bidder on the entire block basis hav- ing the option of receiving credit of x -dollars for said City utilities, fire plug and platting, which amount is to be determined before advertising for bids. Motion by Bigler, seconded'by James and passed that an exchange of a 10' utility easement, same being the West 10' of Lot 27, Block 38, Lindale Park Subdivision, for a 10' easement along the West property line of Lot 25 of the same block, with the St. Luke's Methodist Church, the Church assuming the cost of relocating the existing utility line, be authorized. Motion by Bigler, seconded by Roberts and passed that the Parking Meter Ordinance be amended to bring 275 it up to date and to provide approximately 70 additional parking spaces in 3 areas as follows: On Mesquite between Starr and Twigg; On Twigg between Chaparral and Mesquite; On Lipan between Carancahua and Tancahua. Mayor Smith stated that he wished to correct an impression published in a recent newspaper article. He stated that it was the Council's thinking that it does not favor any change in the present parking meter fee of a nickel. City Manager McClure reported that he had just received the grant agreement from the Civil Aeronautics Authority in connection with the new airport near Clarkwood and requested that the Council authorize the acceptance of the grant agreement by resolution. It was explained that the grant agreement from the C. A. A. was in line with the City's application for a total of $414,662.00, and that this action of the Council was to make those funds available for reimburse- ment to the City for the land purchases and for certain engineering expenses involved in the project. It was further explained that this grant agreement of $414,662.00 involved the same prior tentative allocation of $375,000 plus an additional amount granted by virtue of other cities not having progressed fast enough to take advantage of their allocation, and that it represented an expenditure of one year, but allowed two years to use it. It was further stated that the new airport project is pretty much on schedule, that the plans and specifications for first phase construction will probably be ready in 60 to 90 days, and that assuming they are acceptable and the C. A. A. approves them, that the Council will be ready to call for bids about September 25th. City Secretary Kring read the following resolution: A RESOLUTION NO. 4810 ACCEPTING A GRANT OFFER AND AUTHORIZING THE EXECUTION OF THE GRANT AGREEMENT TO BE SUBMITTED TO THE ADMINISTRATOR OF CIVIL AERONAUTICS, U. S. DEPARTMENT OF COMMERCE, TO OBTAIN FEDERAL AID IN THE DEVELOPMENT OF CORPUS CHRISTI MUNICIPAL AIRPORT, AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith W. J. Roberts B. E. Bigler Manuel P. Maldonado Charlie J. Aills Arthur -•R.,. James. t, Odell Ingle The foregoing ordinance was passed by the following vote: Farrell D. Smith W. J. Roberts B. E. Bigler Manuel P. Maldonado Charlie J. Aills Arthur R. James Odell Ingle Aye Aye Aye Aye Absent Aye Aye Aye Aye Aye Aye Absent Aye Aye Mayor Smith next invited anyone in the audience with petitions or information for the Council on matters not scheduled on the agenda to come forward and be heard. No one appeared. City Secretary Kring presented two petitions which had been received. Mayor Smith read the first petition signed by 7 families on Lynch Drive, requesting that the non -dedi- cated portion of Lynch Drive, commonly known as the 800 block, be condemned and dedicated as public domain and improved in accordance with the City regulations. Motion by Bigler, seconded by Roberts and passed that the foregoing petition be referred to the City Manager for investigation and recommendation. Mayor Smith next read the petition signed by 25 property owners in the 3700 and 3800 blocks of Betel, Niagara, Bertram, Sarita and Taco Streets, requesting to have their ditches cleaned and dug to provide satisfactory drainage. Motion by Bigler, seconded by -Maldonado and passed that the foregoing petition be referred to the City Manager for investigation and recommendation. There being no further business to come before the Council, the meeting was adjourned. 2'76 I, Farrell D. Smith, Mayor of the City of Corpus Christi, Texas, certify that the foregoing Minutes, same being for the period of June 5, 1957, to June 26, 1957, inclusive, and having been previously approve by Council action, are by me hereby approved. PRESENT: Mayor Farrell D. Smith Commissioners: W. J. Roberts B. E. Bigler Manuel P. Maldonado Charlie J. Aills Arthur R. James Odell Ingle FARRELL D. SMITH, Mayor The City of Corpus Christi, Texas REGULAR COUNCIL MEETING July 3, 1957 2:00 p.m. City Manager Russell E. McClure Asst City Attorney Glenn Parker City Secretary T. Ray Kring Mayor Farrell D. Smith called the meeting to order. The Invocation was given by Reverend Wesley Hoeckle, of Broadmoor Park Church of the Nazarene. City Secretary Kring called the roll of those in attendance. n Motion by James, seconded by Maldonado and passed that the minutes of the regular meeting of June 26th be approved. Mayor Smith announced the next item was a public hearing on the establishing of Vine Street, extending between the West line of Avenue C and the East line of Avenue D in the City of Corpus Christi. City Manager McClure stated the background connected with the original relinquishing of the property involved by the City to Joe Day for $672.00 with the right of the City to repurchase and reopen the street on the reimbursement to the owner of $672.00. A sketch was presented showing the north interchange on the new high level bridge and the re -opening of Vine Street to bring the street through where it was originally at the re- quest of the Highway Department. Mr. McClure stated for the record that Mr. Day had itemized a request for reim- bursement of $2,386.00, which included attorney's fees, City, School, and County taxes from 1953 to 1956, and the cost of the Street, and stated further for the record that Mr. Singer, City Attorney, had given the opinion that the City was obligated to reimburse Mr. Day for only the $672.00 which was the price paid by Mr. Day for the Street. No one appeared either for or against the re -purchase and re -opening of Vine Street. Motion by Bigler, seconded by Roberts and passed that the hearing be closed, and Vine Street be re-established, extending between the West line of Avenue C and the East line of Avenue D in the City of Corpus Christi. Mayor Smith announced the opening of bids. , The bid of Columbia Southern Chemical, the only bid received, was opened and read on 789 tons Liquefied Chlorine in one -ton cylinders. Motion by Bigler, seconded by James and passed that the foregoing bid be tabled for 48 hours as required by City Charter, and referred to the City Manager for tabulation. Mayor Smith announced the Council would next hear the City Manager's Reports. Motion by Roberts, seconded by Aills and passed that the award of the bid for a Fence around Texas State Guard Armory be made to Kuykendall Home Improvement Co. for a total, including the gate, of $1,639.00. (See Bid Tabulation #32 in File.) Motion by Bigler, seconded by James and passed that the immediate payment of $19,261.91 be authorized for the Parking Meters which were awarded by Council action of January 30, 1957, (see Bid Tabulation #18 in File) in order to obtain the 5% discount for cash payment specified in the bid offer. Motion by Roberts, seconded by James and passed that the intersection at Buford and Third Streets be widened by City Forces at an estimated cost of $582.20 to be paid out of current Street Maintenance and Construc tion Funds. 2'7'`7 The acceptance of a Street Dedication of Highland Road, located between McBride and Campbell Roads was deferred at the request of Mr. R. W. Laws, representing Barada & Page, Inc., for further study in connection with the deed with reference to a railroad crossing to serve the properties. Motion by James, seconded by Ingle and passed that the plans and specifications for Gas Regulator Stations be approved, and the City Manager be authorized to advertise for bids to be received July 24th. Motion by James, seconded by Ingle and passed that the date of July 30, 1957, during a special meeting at 2:00 p. m., be set for a public hearing on the following three zoning applications: that of Messrs. George Jones, Robert Flato, Forbes Davisson, Albert Struller and others; of Mr. J. R. Cantu; and of the Del Starr Realty Company. Motion by Roberts, seconded by Aills and passed that the award of bid on Water Treating Chemicals be made as follows: To Barada & Page, Inc., for 630 tons of bulk Ferrous Sulfate for the Cunningham Plant at $28,098.00, and for 1100 tons of bulk Ferrous Sulfate for the 0. N. Stevens Plant at $49,060.00; for 40 tons granulated Sodium Silico Flouride in 400 lb. barrels for the Cunningham Plant at $6,504.00, and for 60 tons of granulated Sodium Silico Flouride in 400 lb. barrels for the 0. N. Stevens Plant at $9,756.00; (See Bid Tabulation #33 in File.) And that the bids on Quick Lime be rejected, and the City Manager be authorized to re -advertise for bids but on a bulk delivery to the 0. N. Stevens Plant only, and on the basis for an 11 -months' contract period from September 1, 1957, to July 31, 1958, so as to coincide with the City's fiscal year. ORDINANCE NO. 4811 AMENDING AN ORDINANCE ENTITLED "AN ORDINANCE PROVIDING FOR THE INSTALLATION AND OPERATION OF PARKING METERS; AND DESIGNATING THE STREETS UPON WHICH THEY WILL BE OPERATED; AND PROVIDING FOR THE PARKING LIMIT ON THE STREETS; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH AND PROVIDING FOR PENAL- TIES FOR VIOLATION", AND BEING ORDINANCE NO. 3894, PASSED AND APPROVED BY THE CITY COUNCIL ON THE 13TH DAY OF OCTOBER, 1954, AS AMENDED, BY AMENDING SECTION 17 SO AS TO AUTHORIZE PARKING METERS ON MESQUITE STREET FROM COOPER'S ALLEY TO TWIGG STREET, ON TWIGG STREET FROM WEST SHORELINE BOULEVARD TO MESQUITE STREET, ON EAST NORTH UPPER BROADWAY BETWEEN ANTELOPE STREET AND BUFFALO STREET, AND ON WILLIAMS STREET FROM WEST SHORELINE BOULEVARD TO LOWER BROADWAY;:BY AMENDING SECTION 18 SO AS TO AUTHORIZE INSTALLATION OF PARKING METERS ON LIPAN STREET FROM UPPER BROADWAY TO TANCAHUA STREET; AND BY AMENDING SECTION 19k SO AS TO PROVIDE FOR INSTALLATION OF PARKING METERS ON CHAPARRAL STREET IN THE 100 BLOCK THEREOF ON THE EAST SIDE OF THE STREET FOR SIX PARKING SPACES EXTENDING SOUTH- WARD FROM LAGUNA STREET, AND BY AUTHORIZING INSTALLATION OF PARKING METERS ON UPPER BROADWAY STREET FROM BUFFALO STREET TO ANTELOPE STREET; EXCEPT FOUR PARK- ING ARKING SPACES ON THE WEST SIDE OF UPPER BROADWAY STREET AT THE NORTH END OF BLOCK ONLY BETWEEN ANTELOPE AND BUFFALO STREETS; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR PENALTIES FOR VIOLATION; PROVID- ING FOR PUBLICATION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye Mayor Smith invited anyone in the audience with petitions or information for the Council on matters not scheduled on the agenda to come forward and be heard. No one appeared. Mayor Smith announced the next matter would be the Budget Hearings on the Departments of Health and Welfare, Parks and Recreation, and the Library. Mayor Smith presented a summary comparison of the 1957-58 proposed budget.figures and the 1956-57 actual budget figures for the Health and Welfare Department, which included Health Unit, V. D. Clinic, Pest Control, 2'78 Meat Inspection, City Physician, Vital Statistics, Hospital & Hospital Improvements, and Welfare. Mrs. Ed Williams, Chairman.of the Advisory Committee for the Board of the Martineau Juvenile Home, Mr. Hollis Davis, Vice -Chairman, Dr. Miller, and Jere Daniels, Chief Probation Officer, explained the reason for the requested increase in the budget was for salary increases to allow them to attract both male and female super- vision of a higher caliber on an individual qualification basis, rather than on a couple basis, and answered questions of the Council as to the number of children cared.for on a per day basis, and the various amounts of other governmental contribution toward support of the Martineau Juvenile Home. Mayor Smith next presented a similar comparison of the Parks and Recreation Department, which included Director, Parks & Park Improvements, Recreation, Golf Course, Yacht Basin & Yacht Basin Improvements, and Coliseum. Mrs. Walter Lewright and Mrs. A. E. Hinman urged that the reserve item for the purchase of addi- tional banquet tables be included in the approved budget for the Coliseum on the basis that experience with the present banquet tables shows that they are revenue producing and will in a short time pay for themselves and in the meantime greatly contribute to the useful facilities of the Coliseum. Mayor Smith next presented the comparison of the Library Department budget figures. The following spoke in connection with the Library needs, in particular urging the inclusion of the item for purchase of books, and the item for the establishing of a branch library in Parkdale Plaza: Mrs. V. G. Woolsey, Chairman of.La Retama Library Board; Reverend David Rose, member of the Board; Mrs. Phyllis Burson, Librarian; Mrs. James Naismith, Chairman of the Friends of the Library; Mrs. I. Solovey, Chairman of Children's Committee; Mrs. Oscar Koepke, Vice -President of the Friends of the Library; Mrs. W. K. Foster; and Mr. I. M. Alexander. Mr. Joe Roscoe, Chairman of the Board of Tax Equalization,;strongly urged the Council to consider very carefully before approving any budget items that would necessitate any tax raise in view of the already heavy tax burden of the middle-income citizen of Corpus Christi and its over-all effect on business. Mr. Lloyd Sessions, Sessions Mortgage Co., spoke in support of Mr. Roscoe's statements, and stated that Mr. Oscar Koepke of Corpus Christi Building & Loan Association, Mr. Ben Eastland of First Savings & Loan Association, and Mr. W. G. Wallace, Sr., of United Savings were also present in support of his statements. There being no further business to come before the Council, the meeting was adjourned. PRESENT• Mayor Farrell D. Smith Commissioners• W. J. Roberts Manuel P. Maldonado Charlie J. Aills Arthur R. James Odell Ingle excused. SPECIAL COUNCIL MEETING July 9, 1957 2:00 p.m. City Manager Russell E. McClure City Attorney I. M. Singer ,City Secretary T. Ray Kring Mayor Farrell D. Smith called the meeting to order. City Secretary Kring called the roll of those in attendance. Motion by Ingle, seconded by Maldonado and passed that.the absence of Commissioner Bigler be Mayor Smith announced the purpose of the special meeting was a Public Hearing and the first case was the application of Mr. Raul Rodriquez and Others for a change in zoning from "A-3" Third Apartment House Dis- tract to "B-1" Neighborhood Business District on Lots 11 through 19 inclusive in Jasmin Addition, being located bewteen Mary and Agnes, 502 through 518 19th Street. Mayor Smith read the background of the application and the recommendation of the Zoning & Planning Commission that it be denied on the basis that no public necessity had been demonstrated by the applicants, that the granting of this application would compound the problem of zoning district boundaries in relation to adjoining tracts and that the traffic resulting from business development at this point without adequate parking would inter- fere with the free flow of trafficon19th Street. ,2 9 Cecil Burney, attorney, represented the applicants, and presented a rough sketch of the property involved to indicate the type of business which was planned for each lot, and photos of the present tun -down condition of the buildings on the properties to show the proposed new development of the lots would be in the public interest. Mrs. Rodriquez stated that this is the only property they own, and would like to build a drygoods store there and living quarters for themselves. Curio Shop. Mrs. V. DeSilvas stated they planned to build a fish market if the change in zoning was granted. Mrs. Rodriquez spoke for Mrs. P. Rodarte, and stated that the Rodartes planned to have a Mexican Mayor Smith read the proposed businesses which the property owners planned to erect which were: bakery, cleaners, beauty shop', fish market, drygoods, curios and a cafe, and noted that it was not.known yet what Mr. A. Lopez planned to build on.his lot. Motion by Ingle, seconded by Maldonado and passed that the hearing be closed and the application taken under advisement. The next case was the application of Messrs. Jack H. English, J..S. McInnis, J. W. Sportsman and Others that Article XX, Special Council Permits, Section 2, Conditional Uses, be amended to include the following additional conditional uses: "13. In "B-3" or "B-4" Districts only; manufacturing, processing, storing, packaging or distri- buting of food and/or beverages; dry cleaning and/or laundry plants or rug cleaning plants." Mayor Smith read the background of the application and the recommendation of the Zoning & Planning Commission that it be approved as submitted with the further recommendation that there be a strict.enforcement of conditions imposed on Special Council Permits issued under this section of the Zoning Ordinance. Mr. Harvey Weil, attorney, represented the applicants, and stated that the Press had erroneously referred to this application as the Knolle Dairy application, but that it was the application of several business- men in the Six -Points area; that the need for this change in the zoning ordinance had been spotlighted by the Knolle plant situation; that modern concept of good zoning recognizes that modern performance standards applied to certain uses of objectionable nature can and.do make these same uses no longer objectionable and allow for expansi and growth with due regard for the protection of the surrounding residential neighborhoods; and that the recommen- dation of the Zoning & Planning Commission for strict enforcement of conditions imposed on Special Council Permits should be applied to all Special Council Permits in order to accomplish the desired zoning control. Mr. 0. E. Cannon, attorney, representing Mr. Knolle, stated that these same problems in the growth and expansion of established businesses were being met and solved elsewhere, and that he felt this change in the zoning ordinance was a forward step in the growth and betterment of Corpus Christi. Mrs. Paul Wellmer, speaking for her mother, Mrs. Iva Tribble, stated that they did not object to the businesses along Staples Street, but objected to permitting the objectionable parts connected with such busi- nesses, such as parking lots and trucking to face her mother's property on Alameda on the basis that it would be very detrimental to her residential property. Mr. Bryan Pemberton requested that his statements to the Zoning & Planning Commission be read into the record of this hearing. Mayor Smith read the following from the report of the Zoning & Planning Commission: "Bryan Pemberton stated that his only interest was in the City getting ahead and he believed that if the Zoning Ordinance recognizes these modern concepts, it will become a more useful and beautiful city. He said' that if the people of Corpus Christi had realized that this amendment was applicable to the entire city, the Council Chamber would not have been large enough to hold all the people favoring it. He stated that he was in favor of the Commission and the Council studying the individual cases and attaching proper "strings", but that industries should be allowed to go ahead." II Mr. Harold A. Carr, a former member of the Legal staff in the preparation of the Zoning Ordinance, 11 stated that he believed this was a good safety valve and could do a lot of good, and that if Knolle makes applica- 11 280 tion to get a Special Council Permit under that provision, they can develope and improve their property and in such a way that it won't do any harm to anybody. Motion by Ingle that the hearing be closed and the matter taken under advisement. After a brief discussion among the Council members, Commissioner Ingle withdrew his motion. Motion by Ingle, seconded by Roberts and passed that the hearing be closed and the application be granted, and the Zoning Ordinance be amended as submitted. Motion by Roberts, seconded by Aills and passed that the special meeting be adjourned. PRESENT• Mayor Farrell D. Smith Commissioners• W. J. Roberts Manuel P. Maldonado Charlie J. Aills Arthur R. James Odell Ingle excused. 3rd be approved. REGULAR COUNCIL MEETING July 10, 1957 2:00 p.m. City Manager Russell E. McClure City Attorney I. M. Singer City Secretary T. Ray Kring Mayor Farrell -D. -Smith called the meeting to order: The Invocation was given by Reverend L. Y. Janes, of Christian Triumph Mission. City Secretary Kring called the roll of those in attendance. Motion by Maldonado, seconded by Ingle and passed that the absence of Commissioner Bigler be Motion by Roberts, seconded by James and passed that the minutes of the regular meeting of July Mayor Smith announced the opening of bids. Bids wereopened and read for the construction of the Savage Lane Fire Station from the following: J. W. Bermingham Braselton Construction Co. E. E. Harrison Price Construction Co. W. H. Wolter Motion by James, seconded by Maldonado and passed that the foregoing bids be tabled for 48 hours as required by the City Charter, and referred to the City Manager for tabulation. Jack Ponton, Purchasing Agent, stated that the bid of The Sprague Meter Company on Gas Regulators had been received in his office after the time stipulated. -in the bid invitation. After a brief discussion by the Council and City Attorney Singer, the Council ruled that since an agent of the City had, picked up the letter at the Post Office an hour before the time it was required to be in the office of the Purchasing Agent, the bid would be accepted for reading. Bids were opened and'read on 500 House Gas Regulators from the following: Puffer-Sweiven, Inc. Reynolds Gas Regulator Co. Rockwell Manufacturing Co. Universal Controls Co. Westoott & Greis The Sprague Meter Co. bid stated that they had discontinued the making of this item. Motion by Ingle, seconded by James and passed that the foregoing bids be tabled for 48 hours as required by the City Charter, and referred to the City Manager for tabulation. Mayor Smith announced the Council would next hear the City Manager's Reports. Motion by Roberts, seconded by Maldonado and passed that the City Manager be authorized to adver- tise for bids to be received on Fuel Requirements of regular gasoline, premium gasoline, kerosene, and diesel fuel for an estimated 3 months' -period. Motion by Aills, seconded by Roberts and passed that the award of bid for 789 tons of Liquefied Chlorine in one -ton cylinders be made to Columbia Southern Chemical Corp. for a total of $69;589.80. (See Bid Tabulation #34 in File.) 281 Motion by Roberts, seconded by Maldonado and passed that the bids on various quantities and sizes of Vitrified Clay Sewer Pipe received on June 19th, be rejected at this time since the City is not yet ready to .-proceed with the projects involved. The Council suggested that when the City re -advertises for this item, that there be -included alternates in lengths and delivery. Motion by James, seconded by Roberts and passed that -the construction of Proctor-Brawner Storm Sewer, Prescott Laterals, be accepted and final payment in the amount of $17,758.78 be authorized. Motion by Roberts, seconded by Maldonado and passed that the date of July 30th, during a special meeting at 2:00 p.m., be set for a public hearing on the application of Mr. Gordon Peavy and Others for a change in zoning from "A-2" Second Apartment House District.to "B-1" Neighborhood Business District on Lots 1, 2A, 2B, 18B, 19 and 20, Block 703, Bay Terrace No. 2, being located on the north side of the 900 block of Ayers between. 6th and 7th Streets. Motion by Roberts, seconded by James and passed that the foregoing date be set for a public hear- ing also of the application of Mr. Ray Peterson for a change in zoning from "R-1" Single Family Dwelling District, "A-4" Tourist Court District, and "B-1" Neighborhood Business District to "B-3" Secondary Business District on property on the east side of Airline Road,.between Lexington Boulevard and McArdle Road containing 13.7 acres more or less. City Manager McClure read a petition signed by 31 residents on Cheyenne Street, along the 300 and 400 blocks, Meadow Park Addition, which had been received by the City Secretary, requesting relief for drainage in the area. Bud Reynolds of the Department of Public Works, told the Council that the ditches along Cortez and Lou Streets have just been cleaned which may benefit the area, and the matter was referred to him for investi- gation and proper action. ORDINANCE NO. 4812 RECEIVING AND ACCEPTING THE CONSTRUCTION OF THE PRESCOTT STORM SEWER LATERALS, PROJECT 3-53-1.9, PERFORMED BY HELDENFELS BROTHERS, UNDER THEIR CONTRACT WITH THE CITY DATED FEBRUARY 1, 1957, AS AUTHORIZED BY ORDINANCE NO. 4739; AUTHORIZ- ING PAYMENT OF ESTIMATE NO. 4 AND FINAL, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, DATED JUNE 27, 1957, IN THE AMOUNT -OF $17,758.78 FROM FUNDS PREVIOUSLY APPROPRIATED FOR CONSTRUCTION AND CONTINGENCIES FROM NO. 295 STORM SEWER BOND IMPROVEMENT FUND; AND DECLARING AN EMERGENCY, The Charter Rule was suspended by the following vote: Farrell D. Smith W. J. Roberts B. E..Bigler Manuel P. Maldonado Charlie J. Aills Arthur R. James Odell Ingle The above ordinance was passed by the following vote: Farrell D. Smith W. J. Roberts B. E. Bigler Manuel P. Maldonado Charlie J. Aills Arthur R. James Odell Ingle Aye Aye Absent Aye Aye Aye Aye Aye Aye Absent Aye Aye Aye Aye Mayor .Smith invited anyone in the audience with petitions or information for the Council to come forward and be heard. No one appeared. Mayor Smith announced the next matter would be the Budget Hearings on the Departments of Public Utilities and Public Works. Mayor Smith presented a summary comparison of the 1957-58 proposed budget figures and the 1956-57 actual budget figures for the Department of Public Utilities, which included Aviation (Airport Management, Cliff Maus Airport and Cuddihy); Water (Director, Commercial Office, Superintendent, Maintenance of Lines, Maintenance of Meters, Construction - City Forces, Construction - Operating Revenue - Contract, Pumping Plants, Cunningham Filter Plant, Stevens Filter Plant, Supply, and Miscellaneous; Gas (Superintendent, Maintenance and Operation, Construction 282 and Miscellaneous); and Sewer (Superintendent, Maintenance and Operation, Construction, Broadway Plant, Oso Plant, and Miscellaneous).. Raymond Pryor, of First Savings & Loan Association, urged that no increases be made in the budget except those that can be made within the,. -income provided by the present tax structure, on the basis that a raise in taxes can reach a point of diminishing returns and will hinder the growth and development of the City. He further stated that he favored higher fees for water, gas and sewer services so as not to raise the tax rate. Robert Swantner, Jr., of Swantner Investment Corp., also favored a raise in utility service fees on the basis that the renters would then be helping the property owners to defray the cost of government. Lloyd Sessions, of Sessions Mortgage Co., also felt that the users of the utility services should pay the fees for them, rather than only the home owners. It was suggested that the mortgage bankers make a yearly survey to see how the combined tax rate in Corpus Christi compares with other cities in the State. Mayor Smith presented a summary comparison of the budget figures for the Department of Public Works, which included Director; Engineering (General, Construction, and Inspection); Sanitation (Collection, Disposal and Office); Electrical Maintenance; Building Maintenance; City Hall Maintenance & Operation; General Properties; and Streets (Bayfront Pump Station, Weed Control, Street Cleaning, Maintenance and Construction, and Miscellaneous). W. B. Cline, Chairman of the Examining & Supervising Board of Electricians, B. A. Carter of Carter Electric Co., and Eddie Shaw, Chairman of the Master Plumbers' Association in Corpus Christi, all objected to the reduction in the number of plumbing or electrical inspectors on the basis that they were a necessity for the safety of the public, and that although there was a decrease in inspections dollarwise, there was no decrease in the number of inspections being made. They all spoke very much in favor of raising the inspection fees paid to the City to prevent a decrease in the number of inspectors, and all urged the need for a complete study and revision of the present schedule of inspection fees and the,need for greater penalty for violations. At the request of the Council, they agreed to call special meetings of their respective groups and work out a workable and up-to-date schedule of inspection fees to be charged by the City on the basis of inspector's time involved to present to the Council at the next regular Council meeting on July 17th for their consideration. There being no further business to come before the 'Council, the meeting was adjourned. PRESENT: Mayor Farrell D. Smith Commissioners: W. J. Roberts Manuel P. Maldonado Charlie J. Aills Arthur R. James Odell Ingle excused. REGULAR COUNCIL MEETING July 17, 1957 2:00 p.m. City Manager Russell E. McClure City Attorney I. M. Singer Acting City Secretary Jane Brownwell Mayor Farrell D. Smith called the meeting to order. The Invocation was given by Dr. Wallace R. Rogers, of the Downtown Baptist Church. Motion by Ingle, seconded by Roberts and passed that the absence of Commissioner Bigler be Motion by James, seconded by Ingle, and passed that Jane Brownwell be appointed Acting City Secretary during the absence of T. Ray Kring, City Secretary. Acting City Secretary Jane Brownwell called the roll of those in attendance. Motion by Ingle, seconded by. Roberts and passed that the minutes of the Special Meeting of July 9th and Regular Meeting of July 10th, 1957, be approved. Mayor Smith announced the opening of bids. Bids were opened and read on the Sale of Property located at Brawner Parkway and Carroll Lane from the following: 283 Pierce Downer Jerry D. Johnson Nelson Puett, Jr. Marshall Boykin, III Motion by Roberts, seconded by Maldonado and passed that the foregoing bids be tabled for 48 hours as required by the City Charter, and referred to the City Manager for tabulation. Mayor Smith requested that the sincere and deepest sympathy of the Council, as well as all the City Employees, be recorded in the minutes and conveyed to Mr. Kring, City Secretary, on the passing of his wife, Mrs. Helen Leora Kring. Mayor Smith announced the Council would next hear the City Manager's Reports. Motion by Roberts, seconded by James and passed that the City Manager be authorized to advertise for bids to be received on an eleven months' supply of Bulk Pebble Quick Lime. Motion by Maldonado, seconded by Ingle and passed that the City Manager be authorized to adver- tise for bids to be received on various quantities of Blueprint Service for a 6 -month period on the following types of blueprinting: Direct Prints, Blueprints, Bluelines, Film Negative or Positive, Velum Positive, Sepias & Van Dykes, Photostats, Cloth Bluelines and Autopositives. Motion by James, seconded by Maldonado and passed that the City Manager be authorized to adver- tise for bids to be received on Four Dump Bodies,• 4 cu. yd., with hydraulic hoist, complete and installed. Motion by James, seconded by Ingle and passed that the award of bid on 500 House Regulators (Gas) be made to the Rockwell Manufacturing Company on the basis of their low bid of $2,695.00. (See Bid Tabulation 435 in File.) Motion by Roberts, seconded by Aills and passed that the City Manager be authorized to receive bids for the Lease of 60 acres of land in South Guth Park for farming purposes. Motion by Ingle, seconded by Roberts, and passed that the City Manager be authorized to adver- tise for bids to be received on the lease of 12,378 square feet of space on the "L -Head", which space is presently under lease to Billy Pugh and will expire on September 1, 1957. Motion by Ingle, seconded by Roberts and passed that the request for renewal of five subleases, which will expire on August 31, 1957, on hangar space at Cuddihy Field, be approved with the recommendation that the leases be drawn up to run not less than two years nor more than three years. The following sublessees desire to renew for another two year period: Roger L. Gault, d/b/a Gault Aviation; Gulf Coast Aviation, Inc.; Claude W. Glasson, d/b/a Glasson Flying Service; and J. T. Irwin, d/b/a Irwin Dusting Company and Luby Aviation, Inc., John S. Luby, President. The City Manager presented a proposed amendment to the Electrical Ordinance - Permit Fees, as submitted by the Examining and Supervising Board of Electricians. There followed a discussion on the investigation fees as to who was responsible for paying them. Motion by Roberts, seconded by Maldonado and passed that the recommendation on the proposed amendment to the Electrical Ordinance - Permit Fees, be tabled for further study. The City Manager presented a proposed amendment to the Plumbing Ordinance - Permit Fees, as submitted by the Examining and Supervising Board of Plumbers. Mr. Leland Ross, Executive Vice President of,the Home Builders' Association, appeared and stated that he felt the builders should have been included in the discussions with the plumbers and electricians regarding the proposed increase in.permit fees. He further stated that he did not know how the home builders felt but that he would find out and let the Council know. Motion by Aills, seconded by -Roberts and passed that the proposed amendment to the Plumbing Ordinance - Permit Fees be tabled for further study. The Mayor stated that there had been some differences in opinions on the part of the contractors regarding the revision of permit fees. Motion by Roberts, seconded by Aills and passed that the Request of the sponsors of the Soap Box Derby to block Shoreline from Craig to Furman Streets for the Soap Box Derby and Time Trials be granted. 284 Mr. Bob J. Spann, General Chairman of the -1957 Soap Box Derby, appeared and stated that this was the third year the activity has been held. City Manager McClure read a letter received from Mr. Spann in connection with the Race, which is to be held on July 28, with time trials being run at about 1:30 p. m. on July 21st, 1957. Director of Traffic Engineering Paul Rice stated that the street will be blocked at about 11:00 a. m. on both days in order to get the ramps and necessary equipment in place and ready to go at starting time. Motion by Roberts, seconded by Maldonado and passed that the date of August 7, 1957, during regular meeting of the Council, be set for a public hearing on the application of the Caller -Times Publishing Company's request for approval to construct a driveway 'on Twigg Street between Lower Broadway and Mesquite. ORDINANCE NO. 4813 AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI ADOPTED ON THE 27TH DAY OF AUGUST, 1937, AND APPEARING OF RECORD IN VOLUME 9, PAGES 565 ET SEQ OF THE ORDINANCE AND RESOLUTION RECORDS OF THE CITY OF CORPUS CHRISTI, AND AS AMENDED FROM TIME TO TIME THEREAFTER, AND IN PARTICULAR AS AMENDED BY ORDINANCE NO. 2266, PASSED AND APPROVED BY THE CITY COUNCIL ON THE 4TH DAY OF MAY, 1948, AND APPEARING OF RECORD IN VOLUME 16, PAGES 339 ET SEQ OF THE OR- DINANCE AND RESOLUTION RECORDS OF THE CITY OF CORPUS CHRISTI BY AMENDING ARTICLE VIII, SECTION 1, OF SAID ORDINANCE NO. 2266 SO AS TO ADD A NEW SUB- SECTION, DESIGNATED AS SUB -SECTION "3(a)", SO AS TO PERMIT TAX SUPPORTED CHILDREN'S. HOMES IN "A-1" DISTRICTS; AND BY AMENDING ARTICLE XX, SECTION 2, OF SAID ORDINANCE NO. 2266, BY ADDING A NEW SUB -SECTION, DESIGNATED AS SUB- SECTION 111211, SO AS TO AUTHORIZE SPECIAL COUNCIL PERMITS FOR TAX SUPPORTED CHILDREN'S HOMES IN CERTAIN DISTRICTS UNDER CERTAIN CONDITIONS, AND ADDING A NEW SUB -SECTION, DESIGNATED AS SUB -SECTION "13", SO AS TO PERMIT SPECIAL COUNCIL PERMITS FOR CERTAIN LIGHT MANUFACTURING AND INDUSTRIAL USES IN "B-3" OR "B-4" DISTRICTS ONLY UNDER SPECIAL CONDITIONS AS FIXED BY THE COUNCIL; PROVIDING THAT. ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH ARE HEREBY REPEALED INSOFAR AS THE SAME CONFLICT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith W. J. Roberts B. E. Bigler Manuel P. Maldonado Charlie J. Aills Arthur R..James Odell Ingle The above ordinance was passed by the following vote: Farrell D. Smith W. J. Roberts B. E., Bigler Manuel P. Maldonado Charlie J. Aills Arthur R. James Odell Ingle Aye Aye Absent Aye Aye Aye Aye Aye Aye Absent Aye Aye Aye Aye Mayor Smith invited anyone in the audience with petitions or information for the Council to come forward and be heard. Mr. John Eddins, 1022 Brawner Parkway, appeared with several other residents of the area, and presented a petition containing sixty-two signatures of property owners in that area, protesting any increase in City taxes until improvements are made on Brawner Parkway, from Alameda to South Staples. He stated that the property owners would be willing to cooperate with the City in getting the job done and paying for it and asked what had happened to the black dirt that had been removed from the ditch and if sold what happened to the money. It was explained to Mr. Eddins that the City does not have the money for the beautification of the park area at present and that the disposition bf the dirt was included in the contract and was not a preroga- tive of the City. Mrs. Esther J. Davis, 521 Brawner Parkway, stated that since the Council seems to favor the idea of the people of the neighborhood helping with this, she would make an effort -to organize a committee and wanted to know with whom they would meet and was referred to Director of Parks & Recreation W. P. Witt. Mayor Smith presented a summary comparison of the 1957-58 proposed budget figures and the 1956-57 actual budget figures for the Department of General Government, which included General, Public Safety (Police, Fire, Civil Defense, Traffic Engineering and Miscellaneous Activities). Mr. Joe Simon appeared and spoke in favor of pay increases for the policemen and firemen on the basis that they do not make a..living wage, and that the City is losing money by training these men who very