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HomeMy WebLinkAboutMinutes City Council - 01/09/1963PRESENT Mayor Ben F. McDo-1.1d Commissioners: Tom R. Swantner Dr. James L. Barnard J. R. de Leon M. P. Maldonado W. J. Roberts Jim Young CST OF CORPUS CfR'+ STI, TEXAS REGULAR COUNCIL MEETING January 9, 1963 2:CO p.m. City Manager Herbert We Whitney City Attorney I. M. Singer City Secretary T. Ray Kring Mayor Ben F. McDonald called the meeting to order, and welcomed every- one to the meeting, The Invocation was given by Dr. Raymond M. Perkins, Jr., Pastor of Tuloso-Midway Baptist Church, City Secretary T. Ray Kring called the roll of those in attendances Motion by Barnard,, seconded by Maldonado and passed that the minutes of the regular recessed meeting of January 2, 1963, the regular meeting of Jan- uary 2, 1963, and of the special meeting of January 8, 1963, as furnished to the Council, be approved, Mayor McDonald welcomed as special guess of the Council a group of student representatives and their sponsor, Miss Patsy Watson, of Fila Barnes Junior High School, and Commissioner Maldonado presented Certificates of Attend- ance designating as Honorary Junior City Commissioners, the following o Johnny Mouse, Maria Guerro, Lamar Perez, Lily Lopez, Manuel Sosa, and Mary Ann Garza. Mayor McDonald recognized and welcomed Dr. M. Ifurzner who presented, on behalf of the Nueces County Medical Society, James Gabbard, M.D., President, a plaque to the Corpus Christi-Nueces County Department of Health and Welfare, W. R. Metzger, M.D., Director, in grateful appreciation of the wholehearted co- operation and support during the Victory of Polio Program, August to December, 1962. Mayor McDonald congratulated Dr. Metzger on behalf of the Council for this award which reflects credit on the City, and complimented Dr. Kurzner as Chairman of the Program, and the Nueces County Medical Society on the success of this fine community effort, Mayor McDonald read and signed a proclamation proclaiming January, 1963, as 25th Anniversary March of Dimes Month in Corpus Christi, in its success- ful fight against disease which has materially advanced the health standards of • . • City of Corpus Christi, Texas Regular Council Meeting January 9, 1963 Page 2 our nation, and urging all citizens to support this campaign to "Give for the Life of a Child". The proclamation was accepted by Colo Soderholm, Campaign Ditector, Mr. Jack Rice Turner, and Mrs. Weiss, Volunteers for the National Foundation. Mayor McDonald read and signed a proclamation proclaiming friday, Janu- ary 11, 1963, as Amelia Earhart Day in Corpus Christi, honoring the renowned pioneer woman flyer in conjunction with the international service project of the Zonta Club grants to further the careers of young women engineers in aero- nautics. The proclamation was accepted by Mrs. Limerick and Mrs. Garner of the Corpus Christi Zonta Club. Mayor McDonald announced the opening of bids. The bid of Walker Process Equipment, Inco (Aurora, Ill.), the only bid received on one Gas Lifter Digester Mixer, was opened and read. The foregoing bid was tabled for 48 hours as required by the City Charter, and referred to the City Manager for study and recommendation. Bids were opened and read on 6 items of Special Truck Bodies from the following: Rolan Corp. (Griffin, Ga.); McCabe Powers Body Co. (St. Louis, Moo); Truckers Equipment, Ince (Corpus Christi); Seal Press, Inco (San Antonio); Com- mercial Body Corp. (San Antonio); Hobbs Trailers (San Antonio); and Lowe Equip- ment Co. (Houston). The foregoing bids were tabled for 48 hours as required by the City Charter, and referred to the City Manager for tabulation and recommendation. Mayor McDonald announced the public hearing on the application of Carmel Corporation for a change of zoning from "R -1B" One -family Dwelling Dis- trict to "A-1" Apartment House District, on Lots 1, 2, 3, 4, 5 and 6, Block 1, and on Lots 1, 2, 3, 4 and 5, Block 2, Carmel Village. William Anderson, Director of Planning, located the property on the map; reviewed the history of the various requested Changes in zoning, and the subsequent actions of the Council in granting certain zoning changes subject to certain restrictions and to approval of final plat; explained that 25 notices had been mailed out, one written return was received in favor of this applica- tion, and 7 were received against; and stated that the recommendation of the • City of Corpus Christi, Texas Regular Council Meeting January 9, 1963 Page 3 Zoning & Planning Commission is that the request for "A-1" Apartment House Dis- trict on Lots 1, 2, 3, 4, 5 and 6, Block 1, Carmel Village, be approved, that the request for "A-1" Apartment House District on Lots 1, 2, 3, 4 and 5, Block 2, Carmel Village, be denied, but that "R-2" Two-family Dwelling District be approved with the further recommendation that a limitation by deed restriction be requested restricting the hei.,•t of construction in the "R-2" Two-family Dwelling District area to one-story height. Mr. Anderson added that the Commission had reviewed the history of this application, and that the Staff felt this area should not be used for business, but that high density residence vas appropriate and proper use of the property. In answer to questions from the Council, Mr. Anderson stated that with the extension of the business zoning to the 418° depth, the property had been replotted and the new plat filed with no restrictions. City Manager Whitney presented written opposition containing 81 signa- tures which had been filed with the City Secretary on January 8, 1963, which was ordered received. Jack R. Blackmon, attorney representing Carmel Corp., stated that Mr. Simon Grossman, president of the Corporation, is presently out-of-town and had requested a postponement of the hearing in order to personally present some evi- dence and material, but that since the request could not be granted, Mr. Blackmon requested that Council action on this matter be postponed for one week to allow Mr. Grossman to present his material.. Mayor McDonald answered that he would defer any ruling on the foregoing request for the present. Mr. Blackmon presented a set of plans prepared by E. Dexter Hamon, arch- itect, for the development of the property as the Carmel Garden Apartments, con- sisting of 90 apartments, in 6 and 8 -unit two-story structures, the rear portions of the dwellings being 95° from the property line, and with 2 rows containing 115 carports and the existing 6° red -wood fence separating the property from Pope Place #5; presented an architectural sketch of the outside elevation, and another showing the detail floor plan for both lower and upper floors of. the unite; and pointed out that the proposed development will be a natural buffer on the presently vacant land between the shopping center and Pope Place #5, and that the one-and-a- • • City of Corpus Christi, Texas Regular Council Meeting January 9, 1963 Page 4 quarter million dollar proposed development of apartments renting from $135 to $200 per month will be more desirable than two-story single family residences that under the present zoning could be built much closer to the Pope Place prop- erties than is proposed for the apartments, Ben Terry, architect, pointed out that only 36 apartments were planned on the lot that adjoins Pope Place with the higher density area near the shopping center as well as the swimming pool. Sheldon Katz, realtor, spoke in support of the application on the basis that it is the highest and best use of the land, will not devaluate the adjoining property any more than it is presently devaluated by virtue of the existing vacant land, that a professional study has shown that Corpus Christi can use a minimum of 200 apartments a year for the next 5 years, and that this is a partic- ularly excellent location for the investment involved. W. G. Rogers, Jr., 917 Carmel Parkway, strongly objected to the appli- cation on the basis of the continual requests for additional zoning which en- croached on the rights of adjacent property owners who had purchased their homes in good faith; the developer had not kept his promises given under previous zon- ing granted; :the present shape and size of the lots remaining after the granting of the developer's request for additional business zoning from 310° to 418' is not the fault of the adjacent property owners who opposed the previous applica- tions also; the devaluation of adjacent property; the increase in the traffic; the threat to the safety of neighborhood children; the loss of privacy; the possi- bility of transientand undesirable neighbors; and the loss of pride of adjacent property owners in well -kept homes and yards. Tom Mathis, 4102 Harry Street, owner of Lot 13, Block 33, Pope Place #5, supported Mr. Roger's objections, and added that the property had formerly been platted with two streets and conventional size lots for one -family residences, and that the developer had surely known when he requested additional business area depth for the shopping center that he would subsequently request apartment zoning for a buffer area, instead of the single-family residences required. Hershell Nixon, 4109 Harry Street, Lot 13, Block 31, Pope Place #5, in opposing the application, stated that the Council minutes will reflect that the City of Corpus Christi, Texas Regular Council Meeting January 9, 1963 Page 5 • developer has not kept faith with the Council in regard to previous commitments; pointed out that as in all motel, hotel, and apartment developments, the garbage disposal area will be in the vicinity of the carports adjacent and adjoining the Pope Place residences; and that the only outlet north to Hamlin School is Fort Worth Street, but that with the apartment development the school children will have to use Carmel Parkway. E. S. Marie, 626 Moray Street, in opposing the application reviewed the Connell minutes to the effect that in September of 1957 when the request was made to change the zoning, it was represented that the developer had commitments from 7 types of businesses who wanted to locate there, that in December of 1957 the zoning was granted subject to de -zoning back to "R-1" if construction was not completed. with 2 years, and pointed out that when the developer started construc- tion of Biel's Grocery Store on the property it constituted acceptance of the con- ditions of zoning, and that the heighboring hues had been bought with those assurances. Dr. L. D. Bounds, 4106 Harry Street, Lot 12, Block 33, Pope Place #5, also objected to the request for postponement on the basis that he might have to be out-of-town next week and that if the requested rezoning was important to the developer he should have been present. William C. Price, 4114 Pompano, objected on the basis of the broken promises of the developer, the fact that the City's apartment needs can be met in the newly annexed area, and questioned the ability of the school serving the area to absorb the additional children that such a large apartment development might bring into the area. The following wished to be recorded as appearing in support of all of the objections previously stated R. G. Gerber, 4105 Harry, Lot 14, Block 31, Pope Place #5; Henry Frech, 929 Carmel Parkway, Lot 33, Block 31, Pope Place #5; Marvin Miller, Lot 11, Block 33, Pope Place #5; Mr. & Mrs. E. L. Fortner, 638 Moray; Mrs. H. H. Meredith, Jr., 634 Moray; Mrs. George W. Jordan, 637 Moray; Mrs. E. S. Marie, 626 Moray; Mrs. R. G. Gerber, 4105 Harry; Mrs. L. D. Bounds, 4106 Harry; R. C. Wilshusen, 954 Carmel Parkway; Paul Plwner, 610 Moray; City of Corpus Christi, Texas Regular Council Meeting January 9, 1963 Page 6 Mrs. Fred Morgan, Jr., 629 Moray; Mrs. Frank Bass, 633 Moray; B. C. Coy, 4125 Harry; Mr. & Mrs. W. B. Andrew, 921 Carmel Parkway; Mrs. 0. L. Bassham, 905 Carmel Parkway; C. P. Hutton, 933 Carmel Parkway; L. M. Bucy, 654 Moray; Stewart Bird, 658 Moray. Mr. Katz, in rebuttal, pointed out some of the economic factors that made it necessary for the developer to change his plans for the property; that apartment dwellers are usually childless, have only 1 child, or their grown chil- dren no longer reside with them; that Carmel Parkway being a divided street pro- vides adequate traffic facilities; and that the proposed development is the most appropriate and normal use of the property. Motion by Swantner, seconded by Barnard and passed that the hearing be closed. Motion by Roberts, seconded by de Leon and passed that the matter be taken under advisement. Mayor McDonald commented that he hoped the Council would be ready to take action on this application at next week's meeting; that he felt the appli- cant had received full cooperation and consideration from the Council in his re- quests and plans for development; that this Council is desirous of assisting the developer in any way it can but not to the detriment of adjoining property; and that he personally felt the present request was not fully justified. Mayor McDonald declared a brief recess, after which the meeting was reconvened, and it was noted that all members of the Council, the City Manager, the City Attorney, and the City Secretary were all in attendance. Mayor McDonald reported that he had received an official communication from the Honorable Victor Schiro, Mayor of the City of New Orleans, expressing deep concern for the shipping industry of the entire Southern Coastal area, evi- denced by his survey of the 150 idle ships in the New Orleans turning basin, and calling a conference at 11 a.m. in the morning in New Orleans to discuss the dock strike and ways and means of settling the grievances of the longshoremen, and in- viting Mayor McDonaldts attendance, all expenses to and from the conference being paid by the City of New Orleans. Mayor McDonald reported that being unable to attend personally due to previous commitments, he had just finished conferring • • City of Corpus Christi, Texas Regular Council Meeting January 9, 1963 Page 7 with Byrd Harris, Director of the Port of Corpus Christi, whom he had appointed as the City's representative, to either attend the meeting in the morning, or to state the position of our Port by telegram to the group. Mayor McDonald called for the City Manager's Reports. Motion by de Leon, seconded by Barnard and passed that the City Mana- ger's Reports, with the exception of Item "e" which was temporarily withdrawn by the City Manager as noted below, be accepted and the recommendations and requests be approved and granted, as follows: a. That Change Order #3 to Heldenfels Brothers, covering certain im- provements in Poenisch Park in the sum of $2500.00 to be paid out of #111 Park Trust bands, be approved to be coordinated with the construction of the Santa Fe Improvements; b. That the 1962-1963 Budget of the City be amended by appropriating an additional anticipated revenue in the amount of $79,819.00 for salaries as a part of the amended budget for the Cas Division and Utility Office of the Util- ity Department; c. That Charles De Lomel and R. V. Coulter be employed as profession- al appraisers, for $600.00 and $750.00, respectively, for a total of $1,350.00, for special appraisals on three parcels of land owned by J. R. Heldenfels, D. W. Grant, and Corpus Christi Broadcasting Co., in connection with the acquisition of right-of-way for the Navigation Boulevard Storm Sewer, Unit II, project; and that the sum of $1,350.00 be appropriated to cover these appraisal fees; d. That the proposal of Reagan & McCaughan for engineering services for the development and preparation of a master sanitary sewer plan for the re- cently annexed areas of the City, be accepted and an engineering contract be authorized; and that the sum of $50,000.00 be appropriated to defray all costs in connection with this project including engineering fees, laboratory fees and expenses, expenses of aerial photography and other miscellaneous costs; e. Temporarily withdrawn, and subsequently considered and recorded in minutes of the special meeting of this same date, regarding employment of gas consultant; f. That the City participate in the paving of Nile Drive from McArdle to Ennis Joslin Road to the extent of paving the approximately 1150' of presently • City of Corpus Christi, Texas Regular Council Meeting January 9, 1963 Page 8 unpaved roadway adjacent to City -owned property at the intersection of Nile Drive and Ennis Joslin Road, with the understanding that the City will not curb the paving, and will not perform any work until the developers of Pharaoh Valley have completed the paving of the first 2,640° of this road; g. That the present salary classification of the position of Tax Assessor -Collector be raised from Grade 32 to Grade 34, effective January 1, 1963; and that the appointment of Alton T. White, Jr,, as permanent Tax Assessor - Collector, effective January 1, 1963, be approved subject to concurrence by the School Board, whereby Mr. White will receive $695,00 for the first 6 months and advance to $729,00 for the second 6 months to an annual salary of $8544,00; h. That authority to advertise for bids to be received on January 23, 1963, on Concession Rights for a 3 -year period for the Peoples Street T -Head, South Beach, and H. E. Butt Park be granted; 1. That the following applications for Interim Building Permits under Article 31 of the Zoning Ordinance, as recommended by the Zoning & Planning Com- mission, be approved: #62-29, John L. Tompkins & Co., for existing structures to be tempor- arily used for multi -family rental prior to proposed remodeling into single fam- ily dwellings on Lots 1 thru 14, Blocks 5, 7 & 8, and Lots 1 thru 13, Block 6, and Lots 1 thru 11, Block 9, Peary Place Subdivision; 4,62-30, Billy Hedges, for a 10' x 55° trailer to be permanently located on the property and remodeled into a business occupancy for Catering Service Head- quarters, on 150° x 125° portion of Share 3, McBride Partition (unplatted.), be- tween Trade Winds and Holiday Lodge, at 6001 Leopard Street, ORDINANCE N0. 6748 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OP CORPUS CHRISTI, TO EXECUTE A DEED CONVEYING TO SOUTHERN PACIFIC COMPANY AND THE TEXAS MEXICAN RAILWAY COMPANY THAT PROPERTY USED BY THE AFORESAID RAILROAD COMPANIES FOR JOINT RAIL YARD IN THE CITY OF CORPUS CHRISTI, ALL AS MORE FULLY SET OUT IN THE SPECIAL WARRANTY DEED, 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 Mayor McDonald, Commissioners Swantner, Barnard, de Leon, Maldonado, Roberts, and Young all pres- ent and voting "Aye". The foregoing ordinance was passed by the following vote Mayor McDonald, Commissioners Swantner, Barnard, de Leon, Maldonado, Roberts, and Young all present and voting "Aye". City of Corpus Christi, Texas Regular Council. Meeting January 9, 1963 Page 9 ORDINANCE NO. 6749 • AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE AN AOBEEMFNT WITH THE OWNERS OF THE SURF APARTMENTS, ESTABLISHING THAT THE RIGHT OF WAY OF WATER AND POWER STREETS AS SHOWN ON TIL' MAP OR PLAT OF BEACH PORTION, OF RECORD IN TRE MAP RECORDS OF NUECES COUNTY, TERAS, IS CORRECT AND THAT THE RIGHT OF WAY AS SHOWN ON SAID MAP AS WATER AND POWER STREETS IS PUBLIC RIGHT OF WAY AND PUBLIC STREETS, AND TO PERMIT THE CONTINUANCE OF EXISTENCE OF THE BUILDING OWNED BY THE OWNERS OF THE SURF APARTMENTS, LOCATED ON LOT 1, BLOCK 45, BEACH PORTION, MUECES COUNTY, TEXAS, ABUTTING RIGHT OF WAY AND SING INTO THE PUBLIC RIGHT OF WAY OF WATER STREET AND POWER STREETS, ALL AS MORE FULLY DESCRIBED IN THE AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO ANIS MADE A PART HEREOF; AND DECLARING AN EMERGENCY. The Charter rule vas suspended by the following votes Mayor McDonald, Commissioners Swantner, Barnard, de Leon, Maldonado, Roberts, and Young all pres- ent', and voting "Aye". The foregoing ordinance was passed by the following vote: Mayor McDonald, Commissioners Swantner, Barnard, de Leon, Maldonado, Roberts, and Young all present and voting "Aye". ORDINANCE N0. 6750 APPROPRIATING OUT OF N0. 220 STREET BOND FUND THE SUM OF $6,795.00 REPRESENTING THE VALUE OF SPECIAL CERTIFICATES OF HOMESTEAD ASSESSMENTS ACCrri"n) BY THE CITY IN CONNECTION WITH THE EVERHART ROAD IMPROVEMENTS, PROJECT N0. 220-61-55; AUTHOR- IZING PAYMENT TO THE CONTRACTOR, SOUTH TEXAS CONSTRUCTION COMPANY, FOR CERTIFI- CATES HEREBY ACCEPTED; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Mayor McDonald, Commissioners Swantner, Barnard, de Leon, Maldonado, Roberts, and Young all pres- ent: and voting "Aye". The foregoing ordinance was passed by the following vote: Mayor McDonald, Commissioners Swantner, Barnard, de Leon, Maldonado, Roberts, and Young all present and voting "Aye". ORDINANCE NO. 6751 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY, TO EXECUTE AND DELIVER A DESIGNATION AND LOCATION OF EASEMENT CONCERNING LOCATION OF SAID EASEMENT IN CAMDEN PLACE; AND DECLARING AN EtERGENCY. The Charter rule was suspended by the following votes Mayor McDonald, Commissioners Swantner, Barnard, de Leon, Maldonado, Roberts, and Young all Pres- ent,and voting "Aye". The foregoing ordinance was passed by the following vote: Mayor McDonald, Commissioners Swantner, Barnard, de Leon., Maldonado, Roberts, and Young all present and voting "Aye". City of Corpus Christi, Texas Regular Council Meeting January 9, 1963 Page 10 ORDINANCE NO0 6752 AUTHORIZING AND DIRECTING rail, CITY MANAGER, FOR AND ON BEHALF OF THE CTTY OF CORPUS CHRISTI, TO EXECUTE AN ENGINEERING CONTRACT WITH REAGAN & McDAUGRAN FOR THE DEVELOPMENT AND PREPARATION OF A MASTER SANITARY SEWER PLAN FOR NEWLY ANNEXED AREAS OF THE CITY, DESIGNATED AS PROJECT NO0 250-61=31, A COPY OF WHICH CONTRACT IS ATTACHED HERETO AND MADE A PART HMEOF; APPROPRIATING OUT OF NO. 250 SANITARY SEWER BOND FUND THP SUM OF B50,000.00 TO DEFRAY LL COSTS IN CONNECTION wrrif THIS PROJECT INCLUDING ENGINEERING FEES, LABORATORY PEES AND EXPENSES, EXPENSES OF AERIAL PHOTOGRAPHY AND OTHER MISCELLANEOUS COSTS3 AND DECLARING AN EMERGENCY. The Charter rule as suspended by the following vote 2 Mayor McDonald, Commissioners Swantner, Barnard, de Leon, Maldonado, Roberte, and Young all pres- ent and voting "Aye". The foregoing ordinance was passed by the following vote 2 Mayor McDonald, Commissioners Swantner, Barnard, de Leon, Maldonado, Roberte, and Ycung all present and voting "Aye". ORDINANCE NO. 6753 APPROPRIATING OUT OF NO. 295 STORM SEWER BOND FUND THE SUM OF $1,350.00 TO DEFRAY APPRAISAL COSTS FOR NAVIGATION BOULEVARD STORM SEWER, PROJECT NO. 295-61-30; AUTH- ORIZING THE CITY MANAGER TO OBTAIN APPRAISAL SERVICES AT AGREED 110 NOT EXCEEDING 'MP AMOUNT HEREBY APPROPRIATED; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote! Mayor McDonald, Commissioners Swantner, Barnard, de Leon, Maldonado, Roberts, and Young ail pres- ent and voting "Aye". The foregoing ordinance was passed by the following vote! Mayor McDonald, Commissioners Swantner, Barnard, de Leon, Maldonado, Roberts, and Young all present and voting "Aye". ORDINANCE NO. 6754 AMENDING THE BUDGET OF THE CITY OF CORPUS CHRISTI AND APPROPRIATING ADDITIONAL ANTICIPATED REVENUE IN THE AMOUNT OF $79,819.00 FOR SALARIES AS A PART OF THE AMENDED BUDGET FOR THE GAS DIVISION AND UTILITY OrriCE OF THE UTILITY DEPARTMENT OF TEE CITY OF CORPUS CHRISTI; AND DECLARING AN INERGENCT, The Charter rule vas suspended by the following vote 2 Mayor McDonald, Commissioners Swantner, Barnard, de Leon, Maldonado, Roberts, and Young all pres- ent and voting "Aya". The foregoing ordinance wes passed by the following vote g Mayor McDonald, Commissioners Swantner, Barnard, de Leon, Maldonado, Roberts, and /bung all present and voting "Aye". City of Corpus Christi, Texas Regular Council Meeting January 9, 1963 Page 11 Motion by Roberts, seconded by de Leon. and passed that the proposed ordinance changing the names of certain streets on Corpus Christi. Beach be read for the first time at this meeting. FIRST READING OF AN OPCINANCE? CHANGING THE NAMES OF THE =MATTER NAMED STREETS. IN THE CIT f OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, LOCATED IN THE CORPUS CHRISTI BEACH AREA., SOMETIMES RZEMED TO AS THE BROOKLYN ADDITION, OR NORTH BEACH AREA OF THE CITE; AND DECLARING AN FXERGENCY. The foregoing ordinance vas read for the first time and passed to its second reading by the following vote Mayor McDonald, Commissioners Swantner, Barnard, de Leon, Maldonado, Roberts, and Young all present and voting "Aye". During a short discussion relating to particular street name changes proposed in the foregoing ordinance, the Zoning & Planning Commission was re- quested to look into the matter and make recommendation to the Council before the next reading of the ordinance at next week's regular meeting. RESOLUTION NO. 6755 CONFIRMING THE APPOINTMENT OF ALTON T. WHITE, JR., AS TAX ASSESSOR-COLLPCTOR OF THE CITY OF CORPUS CHRISTI; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote Mayor McDonald, Commissioners Swantner, Barnard, de Leon, Maldonado, Roberts, and Young all pres7 ent and voting "Aye". The foregoing resolution was passed by the following vote Mayor McDonald, Commissioners Swantner, Barnard, de Leon, Maldonado, Roberts, and Young all present and voting "Aye". ORDINANCE NO, 6756 AMENDING AN ORDINANCE ENTITLED "AN ORDINANCE ADOPTING AND PROVIDING FOR THE AD- MINISTRATION OF THE COMPENSATION PLAN TO ALL POSITIONS IN THE CITY SERVICE; RE- PEALING ALL ORDINANCES IN CONFLICT HMEWITH; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR AN EFFECTIVE mre, BEING ORDINANCE NO. 3656, PASSED AND APPROVED BY THE CITY COUNCIL ON THE 10TH DAY OF FEBRUARY, 1954, As AMENDED, Br AMENDING SUBSECTION (e) OF SECTION 1, BY INCREASING THE SALARY GRADE OF THE TAX ASSESSOR - COLLECTOR OF THE CITY FROM SALARY GRADE 32 TO SALARY GRADE 34.; PROVIDING A SAV- INGS CLAUSE; PROVING FOR AN EFFECTIVE DATE; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote Mayor McDonald, Commissioners Swantner, Barnard, de Leon, Maldonado, Roberts, and Young all pres- ent and voting "Aye". The foregoing ordinance was passed by the following vote Mayor McDonald, Commissioners Swantner, Barnard, de Leon, Malionado, Roberts and Young all present and voting "Aye". City of Corpus Christi, Texas Regular Council Meeting January 9, 1963 Page 12 City Manager Whitney presented an,'S read certain proposed smendmente to the ordinance granting a franchise to Corpus Christi Municipal Ce a Corporation, and City Attorney Singer pcinteA out anA explained. the effest and. reason for ea.z.h recommended amendment. Motion by Nantner, seconded by Barnard and pa2zed unanimously that the ordinance granting Franchise to Corpus Christi Municipal Gas Corporation be amend- ed in the following particular 1, That the paragraph at the endof the description of the South Area be mnended so as to delete the words "when such territoryis hereafter". 2, That the paragraph at the end of the description of the Southwest, Area be amended so as to delete the words 'when such territoryis hereafter". 3. Amend Section 4 to make more specific the requirement that payment be made to the City for both (a) payments in lieu of ad valorem taxes and (1.) 2% gross receipts tax. 4. That Sections 11 through 20 be -renumbered Sections 10 through 19. 5. That Section 21 be omitted and renumber Sections 22 through 27 as Sections 20 through 25. 6. That Section. 28 be renumbered Section 26 and amended so that the right of purchase by the City exists at any time during the franchise term, and restating the procedure for the acquisition by the City to the effect that "fair value" shall never be more nor lese than the aggregate principal amount of the bonds remaining outstanding with interest accrued thereon at date of purchase plus any premium payable on such bonds. 7. Amended 4 adding a new eection to be numbered Section 27 so ae to provide for acquisition of properties of Corpus Christi Municipal Gas Corpora- tion in accordance with the provisions of the indenture of Mcrtgage and Deed of Trust outstanding on the bonds of saki corporation. 8. RenuMber Section 29 as Section 28, and Section 30 shall he renum- bered as Section 29. 9. Add a new section to be numbered Section 30, reading as follows: "Tbis franchise shall become effective after being finally acted on. by the City Council, accepted by the Grantee, and otherwise in accordance with the terms and provisions of the City Charter." 10. Add to the description of the areas to be served, Area 3, being the same area covered in the Franchise granted to Southern Community Gas Company, known as the Northwest Area, serving Industrial Customers, and. adding Area h, be- ing that area within the City of Corpus Christi lying between Areas 2 and 3. THIRD READING OF AN ORIINANCE AS AMENDED BY THE FOREGOING MOTION: ORDINANCE NO. 6757 AN ORDINANCE GRANTING TO CORPUS CHRISTI MUNICIPAL GAS CORPORATION THE RIGHT, PRIVILEGE AND FRANCHISE TO CONSTRUCT AED OPERATE GAS PIPES AND MAINS ALONG THE STREETS, AVENUES, ALLEYS AND PUBLIC PLACES OF THE C:FY OF CORPUS CHRISTI FOR DISTRIBUTION AND SALE OF NATURAL GAS; PRESCRIBING THE TERMS, C..ND7LHONS, OBLI- GATIONS AND LDETATIONS UPON AND UNDER WHICH SUCH RIGHT, P=LFGE AND FRANCHISE SHALL BE EXERCISED; AND PROVIDING FOR PUBLICATION OF TEF .r..I.INANCE AS PROVIDED BY THE CHARTER. • - • City of Corpus Christi, Texas Regular Council Meeting January 9, 1963 Page 13 The foregoing ordinrsnee was real. for the third time and. passed ficoi.y by the following vote Mayor McDonali, Commissioners Swantner, Barnard, de Leon, Maldonado, Roberts, and Young all present and voting P"Ayet THIRD READING OF AN OPIINANCEs AUTHORIZING AND DIRECTING THE C T MANAGER TO EXECUTE, FOR. AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TEXAS, A LEASE A5REEeNT WITH HARPINGTON AND CORTFLYOU FOR CONSTRUCTION AND OPERATION OF A GOLF COURSE ON A PORTION OP THE FORM CLIFF MAUS AIRPORT PROPERTY, SAID .VASE TO BE FOR. A TERM OF THIRTY (30) YEARS FROM ANS" AFTER THE DATE OF EXECUTION OF SUCH LEASE BY THE CITY, SAID LEASE AGREEMENT HAV- ING BEEN AUTHORIZED BY 111t, QUALIFIED VOTERS AT AN FI FCTICN HELD ON THE 15TH DAY OF DECEMBER, 1962. The foregoing ordinance was read for the third time and passed by the following votes Mayor McDonald, Commissioners Swantner, Barnard, de Leon, Maldonado, Roberts, and Young all present and voting "Aye'. SECOND READING OF AN ORDINANCE; AN ORDINANCE GRANTING TO SOUTHERN COMMUNLTY,' GAS COMPANY THE RIGHT, PRIVILEGE AND FRANCHISE TO CONSTRUCT AND OPERATE GAS TRANSMISSION LINES ALONG THE STREETS, AVENUES, ALLEYS AND PUBLIC PLACES OF THF CITY OF CORPUS CHRISTI SOT RTI BOR THE TRANSMISSION OF GAS THROUGH THE SOUTH AND CENTRAL AREAS DESCRIBE? HEREIN; PRE- SCRIBING THE TERMS, CONDITIONS, OBLIGATIONS AND LIN'yITALIONS UPON AND UNDER WHICH SUCH RIGHT, PRIVILEGE AND FRANCHISE SHALL BE EXERCISED; PROVIDING THAI NO SALES OR DELIVERIES OF GAS TO ANY CUSTOMERS WITHIN THE AREA SHALL BE MADE BY THE GRANTEE; PROVIDING FOR PUBLICATION AND ACCEPTANCE OF THE FRANCHISE AS PROVIDED BY THE CITY CHARTER. The foregoing ordinance was read for the second time and. passed to its third reading by the :following vote Mayor McDonald, Commissioners Swsntner, Barnard, de Leon, Maldonado, Roberts, and Young all present and voting "Aye SECOND READING OF AN ORDINANCE. AN ORDINANCE GRANTING TO SOUTHERN COMMUNITY GAS COMPANY THE RIGHT, PRIVILEGE AND FRANCHISE TO CONSTRUCT AND OPERATE GAS PIPES AND MAINS FOR THE SOLE PURPOSE OF SERVING INDUSTRIAL CUSTOMERS AS HEREIN DEFINED, ALONG THE STREETS,, AVENUES, ALLEYS AND PUBLIC PLACES OF THE CITY OF CORPUS CHRISTI; WITHIN THAT AREA OF THE CITY GEN- ERALLY DESCRIBED AS BEING THE NORTHWEST AREA AS SET FORTH HEREIN; PRESCRIBING THE TERMS, CONDITIONS, OBLIGATIONS AND LIMITATIONS UPON AND UNDER WHICH SUCH RIGHT, PRIVILEGE AND FRANCHISE SHALL BE EXERCISED; AND PROVIDING FOR PUBLICATION AND ACCEPTANCE OF THIS ORDINANCE AS PROVIDED BY THE CHARTER. The foregoing ordinance was third reading by the following vote Barnard, de Leon, Maldonado, Roberts, No one appeared in response read for the second time and, passed to its Mayor McDonald, Commissioners Swantner, and Young all present and voting "Aye". to Mayor McDonald's invitation. for anyone in the audience with petitions or information for the Council on matters not scheduled on the agenda to come forward and be heard. There being no further business to come before the Coz meeting was adjourned. cil, the regular TEE STATE OF TES C0U Tf OF NUF..,CES CITY OF COITUS COISTI NOTICE OF SPECIAL M.Er.PINO TO THE ME .S OF THE CITY COUNCIL, TEE CITY MANAGER, CITY =Mali' AND THE CITY ATTORNEY TO TNF 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 11.00 o'clock A.M. on the 8 day of January , 19_3_, for the purpose of receiving proposals on the sale of $2,000,000.00 General Obligation Bonds, and such other business as may properly come before the City Council. 6+74" DATED this the 8 day of January if BEN F. MC DONALD, 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.