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HomeMy WebLinkAboutMinutes City Council - 05/15/1963PRESENT: Mayor James L. Barnard Commissioners: Jim Young Jack R. Blackmon J. R. de Leon M. P. Maldonado W. J. Roberts W. H. Wallace, Jr. • CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING May 15, 1963 2:00 p.m. City Manager Herbert W. Whitney City Attorney I. M. Singer City Secretary T. Ray Kring Mayor James L. Barnard called the meeting to order. The Invocation was given by Father Robert Freeman, Assistant, St. Patrick's Catholic Church. City Secretary T. Ray Kring called the roll of those in attendance. Motion by Roberts, seconded by Blackmon and passed that the minutes of the regular meeting of May 8, 1963, at 2:00 p.m., and of the special meet- ing of May 8, 1963, at 4:00 p.m., be approved as furnished to the Council. Mayor Barnard welcomed and recognized the Reverend Hayward Smith, re- cently returned from representing the Mayor and City Council in a visit to our Sister City of Yokosuka and to Kushiro, Japan. Reverend Smith presented sev- eral gifts from Mayor Masayoshi Nagano accompanied by letters of greeting and explanation of the significance of the gift - a green cloisonne vase and stand representing one of the oldest fine arts, boxed in a wooden box and wrapped in a printed silk kerchief, indicative of the manner in which presents are carried in Japan - a replica of the flagship MIKASA, which under the command of Admiral Togo won a decisive victory during the Russo-Japanese War - a letter from Mayor Nagano in appreciation of the presentation of a symbolic Key to the City of Corpus Christi and Honorary Citizenship Award and pictures of the presentation ceremony which were on their national TV hook-up and in the national newspapers - a list of the itinery and a picture record of Reverend Smith's visit in Yokosuka - a personal gift for Mayor Barnard, and one for Mrs. Barnard of beautiful black silk material with embroidered floral design, from Mayor and Mrs. Nagano - a carved wooden bear symbolic of the State of Piddo from the Mayor of Kushiro, Japan, and some brochures. Reverend Smith described his impressions of his visit in Yokosuka and emphasized the etrong feeling among the people of Yokosuka of their desire to cement the ties between the two cities in every way possible, and suggested that these results of our Sister City Program be publicized nation- • City of Corpus Christi, Texas Regular Council Meeting May 15, 1963 Page 2 ally. Reverend Colson added that Mayor Nagano is of the Christian faith, and a member of the Lutheran Church. Mayor Barnard thanked Reverend Smith for his report and congratulated him on the success of his Church mission as well, and announced the gifts received from Yokosuka will be on display at the La Retama Public Library for the information and enjoyment of all of the citizens of Corpus Christi. Mr. Ocampo R. Cuellar, of the Central Lions Club, explained the Club's purpose in selling auto litter bags to provide funds for sending crippled chil- dren from Ada Wilson's Children's Hospital to camp this summer, and presented one of the litter bags to each member of the Council to initiate the campaign. Mayor Barnard recognized City Manager Whitney for a report on the recommendation from the Park Board relative to the recent request received from the C. C. Museum regarding a museum site, and plans for development as a nature area. City Manager Whitney read the recommendation of the Park Board that the 23 acres of park land on Alameda Street, between Parade Place and Cullen Junior High School, be designated by the City Council as a Nature Park, and that the City Council appoint a Nature Park Committee to work with the Park & Recreation Staff to prepare a flexible master plan for the development of the 23 acres; and the consensus of opinion of the Park Board that the Nature Park Committee should be made up of representatives from the Park & Recreation Board, the C. C. Museum, the City Council of Garden Clubs, and other related organiza- tions, and that the master plan should provide site locations for the C. C. Museum, a Garden Club Center, and other facilities of a similar nature for which individual contracts would later be worked out with each organization desiring to build on this property. Motion by Blackmon, seconded by Maldonado and passed that the desire of the City Council expressed previously to designate the 23 acres of park land adjacent to the Oso Golf Course as a formal park and the recommendation of the Park Board for the appointment of a committee to submit a master plan for the development of such a park, be affirmed and approved. Motion by Young, seconded by de Leon and passed that the following be appointed to serve as a Nature Park Committee to studythe designated 23 acres of park land on Alameda adjacent to the Oso Golf Course and to submit a master Ilk City of Corpus Christi, Texas Regular Council Meeting May 15, 1963 Page 3 plan for development as a Nature Park: Mrs. John Anderson; Mr. Ken Krenek; Mrs. Reid Cochran, Jr.; Mrs. J. H. Burney; Mr. Aalbert Heine; and Mr. Jim Machlan. Mayor Barnard announced that the application of Mr. Max C. Kluge for a change of zoning from "R -1B" to "A-1" on all of Block 414, Port Aransas Cliffs, on which public hearing was held May 1, 1963, has been formally with- drawn and is no longer a matter before the City Council. Commissioner de Leon nominated Allan Mote for appointment as Inde- pendent Auditor during the present fiscal year. Motion by Blackmon, seconded by Maldonado and passed that nominations cease, and that Allan Mote be appointed as Independent Auditor for the present fiscal year. Mayor Barnard announced the opening of bids. Bids were opened and read on 3 lots of Steel Pipe from the following: Alamo Iron Works; Alpine Trading Corp.; Gulf Supply; Homco; Pipe Distributors; Superior Iron Works; Tex -Tube, Inc.; The Youngstown Sheet & Tube Co.; Atlas Bradford Co.; EZ Pipe & Steel, Inc.; Ft. Worth Pipe & Supply; The L. B. Foster Co.; McAllen Pipe & Supply; Norvell-Wilder; Oil Well Supply; Republic Supply; SAMSCO; Vinson Supply; Wallace Co.; Allied Plumbing; and Phoenix Supply. Bids were opened and read on Sewer Tile & Fittings, consisting of 16 items of coupling pipe & fittings, and 29 items of regular pipe & fittings, from the following: W. S. Dickey Clay Mfg. Co.; and Texas Vitrified Pipe Co. Bids were opened and read on 2 lots of Mechanical Joint Gate Valves from the following: Alamo Iron Works; Iowa Valve Co.; McAllen Pipe & Supply; Municipal Pipe & Fabricating; Norvell-Wilder Supply; The Rohan Co.; SAMSCO; Trans -Tex Supply; and Engineering Products Div. of Crane Co. Bids were opened and read on 2 lots of Brass Service Fittings from the following: Alamo Iron Works; James Jones Co.; McAllen Pipe & Supply; The Rohan Co.; and Trans -Tex Supply Co. Bide were opened and read on 110 High Potential Anodes from the fol- lowing: Brance-Krachy Co.; Cathodic Protection; National Electric Co.; Stand- ard Magnesium Corp.; and Corrosion Services, Inc. Bids were opened and read on 70 3' to 6° bury Fire Hydrants from the following: Iowa Valve Co.; McAllen Pipe & Supply; Municipal Pipe & Fabricating • • • City of Corpus Christi, Texas Regular Council Meeting May 15, 1963 Page 4 Co.; SAMSCO; and Trans -Tex Supply Co. Bids were opened and read on 15 items of Traffic Signal Equipment from the following: Eagle Signal Co.; Kar-Trol Signal Co.; Signal Engineer- ing Co.; Westinghouse Electric; Graybar Electric; Nunn Electric; Marbelite Co.; and C. C. Hardware. 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 Barnard announced the pending item of the application of Russell Miller for Amendment of the Text of the Zoning Ordinance to allow "Beauty Cul- turists and Hair Stylists" as a home occupation, and as a permitted use in the "A-2" Apartment House District, "AT" Apartment -Tourist District, "B -1A" Tourist Court District, and "AB" Professional Office District, on which public hearing was held May 8, 1963. Motion by Roberts, seconded by de Leon and passed that the recommenda- tion of the Zoning & Planning Commission be concurred in, and the request to include beauty culturists and hair stylists as a home occupation and as a per- mitted use in the "A-2", "AT", and "B -1A" Districts be denied but that Article 11, "AB" Professional Office District, Section 11, be amended by adding a new Item (12) to read as follows; (12) Beauty culturists and hair stylist shop, provided such shop complies with the provisions of Item (11) above; and that the existing Item (12) be renumbered (13). Mayor Barnard announced the pending item of the application of Noe C. Garza for a change of zoning from "AB" to "B-1" on all of Lot 5, Block 9, Bay View Addition #2, on which public hearing was held May 8, 1963. Commissioner Blackmon commented that he believed the matter was now moot in view of the preceeding action of the Council. Noe C. Garza, applicant, withdrew his application since the preceed- ing action of the Council now permits his proposed use of the property in ques- tion under the existing "AB" zoning. Mayor Barnard announced the pending item of the application of Mr. & Mrs. Guy D. Winstead for a change of zoning from "R -1B" to "B-1" on all of Lot 15, Block 8, Koolside Addition, on which public hearing was held May 8, 1963. Motion by Blackmon, seconded by de Leon that the request for a change of zoning from "R -1B" to "B-1" be denied but that in lieu a Special Use Permit be granted for the operation of a beauty shop on Lot 15, Block 8, Koolside Add- Page 5 ition,subject to the necessary setback on Gollihar in view of the contemplated widening of the street. Mr. Guy Winstead, applicant, urged that a change of zoning to "AB" Professional Office District be granted es recommended by the Zoning & Plan- ning Commission, on the basis that his proposed plans provide for a 30' setback from Gollihar which will satisfy the contemplated need of the City for an add- itional 15' right-of-way, and on the basis that the "AB" zoning will permit the possibility of future use of the property for professional offices in the event that the beauty shop operation is discontinued. Mr. Winstead stated that he was willing to enter into written agreement relative to the 30' setback and approval of final drawings. Commissioner Blackmon withdrew his motion, and Commissioner de Leon withdrew his second. City Manager Whitney explained the contemplated widening of the por- tion of Gollihar Road from Airline Road to the Western boundary of Koolside Addition from the present width of 50' to a width of 80' by widening the pres- ent street right-of-way 15' on each side of Gollihar and establishing a build- ing setback line 15' from the present right-of-way of Gollihar Road on the portion of Gollihar to be widened, and recommended that the date of Wednesday, May 22, 1963, during the regular meeting be set for public hearing on the question of establishing such setback line on such portion of Gollihar Road. Motion by de Leon, seconded by Wallace and passed that the date of Wednesday, May 22, 1963, during the regular meeting be set for public hearing on the matter of establishing a building setback line 15' from the present right-of-way boundary of that portion of Gollihar Road from Airline Road to the Western boundary of Koolside Addition on both sides of Gollihar Road. Motion by Wallace, seconded by Young and passed that the recommenda- tion of the Zoning & Planning Commission be concurred in, and the request for a change of zoning from "R -1B" to "B-1" on all of Lot 15, Block 8, Koolside Addition, be denied but that a change of zoning to "AB" Professional Office District be approved. Mayor Barnard called for the City Manager's Reports. Motion by de Leon, seconded by Young and passed that the City Manager's Reports be accepted, and the recommendations and requests be approved and grant- ed as follows: a. That the award of bid on the basis of low bid meeting specifica- • • City of Corpus Christi, Texas Regular Council Meeting May 15, 1963 Page 6 tions, for estimated 12 -months' supplies, be made as follows; (1) 20,736 Heavy- Daty Industrial Type, Size "D" Ray-O-Vae #WM30 Flashlight Batteries, to Tropical Supply, Inc., for $2,110.92; (Bid Tabulation #19 in File); (2) Approximately 125 gals. Pipe Line Primer, 36 tons Pipe Line Enamel, & 70 rolls Pipe Line Felt, to Pipe Line Service Corp., for $4,159.53; (Bid Tabulation #20 in File); (3) 150 large cyls. & 10 small cyls. of Commercial Acetylene & 300 large cyls. & 15 small cyls. of Commercial Oxygen, to Big Three Welding Equipment Co., for $1,629.63; (Bid Tabulation #21 in File); (4) Warehouse Paper Items consisting of 50 cases of Drinking Cups, 6 cases Toilet Seat Covera, 60 rolls Kraft Paper, 20 cases Toilet Tissue (flat), 100 cases Toilet Tissue (roll), 4 cases Sanitary Napkins, to Magnolia Paper Co., for $2,015.96; (Bid Tabulation #22 in File); (5) Lot I, 636,000 gals. Regular Gasoline, & Lot II, 23,000 gals. Premium Gasoline, to Supetco, for $97,023.60; Lot III, 66,000 gals. Diesel Fuel, to Crystal Petro- leum Co., for $6,448.20; Lot IV, 24,835 gals. Kerosene, to Gulf Oil Corp., for $2,754.20; Lot V, 10 items consisting of 9,603 gals. Engine Oil Detergent, 7,475 lbs. Chassis Grease, 75 gals. Transmission Fluid, 5,430 lbs. Gear Lubri- cant, & 550 gals. Hydraulic 011, to Humble Oil & Refining Co., for $7,231.14; for a grand total of $113,466.34; (Bid Tabulation #23 in File); b. That authority to advertise for bids to be received on May 29, 1963, on 12 -months' supplies of the following be granted: (1) Tabulating Machine Cards for Public Utilities, Tax & Accounting; (2) Linen & Towel Serv- ice for Fire Dept. & Airport; (3) Mechanical Joint Cast Iron Fittings for Ware- house Stock; (4) Reinforced Concrete Pipe for Street Dept.; (5) Gas & Water Meters for Gas & Water Divisions; and (6) Policemen's Uniforms for Police Dept.; c. That the request of the Municipal Industrial Commission that the City provide 1,000 additional copies of a book published by W. L. Bates Co. en- titled THE INDUSTRIAL POTENTIAL OF CORPUS CHRISTI, TEXAS at an estimated cost of $1,075.00, be approved; and further, that a contract be prepared for Council approval for Joe Kelley to produce a movie film based on this book for an esti- mated cost of $7,500.00, subject to submission of a Legal opinion by the City Attorney as to whether or not the matters of this Item "c" are in the nature of professional services. • • City of Corpus Christi, Texas Regular Council Meeting May 15, 1963 Page 7 Motion by de Leon, seconded by Roberts and passed that the request of Stonewall National Bank for an Interim Zoning Permit to erect a 55' x 70' permanent bank building on Lot 2, Block "J", Jackson Wood Subdivision, at 10502 Leopard St., be granted. Motion by Wallace, seconded by Roberta and passed that the request of 0. W. Whitley for an Interim Zoning Permit to construct around building, as per plana, with a flat built-up roof, gold anodized aluminum dome 20' in diameter, 4' in height, free-standing sign, and circular canopies of aluminum, 30' x 40', to be built on each side of building, construction to be used as hamburger, soft drink, icecream, etc. drive-in, on Lot 15, Block 3, Highway village, Section 1, at 10302 Leopard St., be granted. Mr. Tony Kosub, representing Mobil Oil Co., referring to Item "a(5)" of the City Manager's Reports relating to the award of bid on Regular and Premium Gasoline, offered information to support his feeling that the firm bid of Mobil 011 Co. was to the best interests of the City to accept, rather than the apparent low bid of Supetco which was subject to escalator clause based on the Gulf Coast Low Posting as published by Platte Oil Gram whichat the time of the bid opening was at the lowest point in years and which has in- creased i¢ since the opening. Following considerable discussion of this matter with regard to the bid specifications, the trend of the Gulf Coast market for the past 4 years, the effect of comparison of a firm bid against an escalating bid on this item, Mayor Barnard pointed out that the matter had been brought up and discussed at the Monday Work Shop Meeting; that the recommendation of the City Manager was based on the result of such discussion; that the Chair had asked for any dis- cussion on this matter at this meeting when the City Manager's recommendation was made, and given ample opportunity for further discussion in the presence of the interested bidders, following which the recommendation of the City Man- ager had been approved; and that the representative of Supetco had left the meeting after the Council's action on this matter with the understanding that Supetco had been awarded the bid. in view of these facts, Mayor Barnard stated that he felt it was almost like second bidding to reconsider the matter, and ruled that the action of the Council had been taken with respect to this item. Mayor Barnard added further that what any market is going to do is certainly • • City of Corpus Christi, Texas Regular Council Meeting May 15, 1963 Page 8 subject to conjecture, but that he did not feel the action taken was hasty or unwise, and that the action taken should stand. Commissioner Wallace felt that the matter should be reconsidered in the light of the trend of the Gulf Coast market for the last 4 years; Commis- sioner Blackmon reminded the Council that a ruling of the Chair can be appealed; and Commissioner Roberts pointed out that the 2$ increase was not a fair com- parison since the seasonal trend will have reduced the market price again after the tourist season. Mayor Barnard asked City Attorney Singer for a ruling as to whether or not the Council can undo an action at the same meeting, and City Attorney Singer requested the Council take up other business while he consid- ered the question. Mayor Barnard called for the ordinances. ORDINANCE NO. 6907 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TEXAS, TO EXECUTE WITH MR. FRANK PEERMAN, A CONTRACT PROVIDING THAT THE CITY OF CORPUS CHRISTI, TEXAS, WILL BE RESPONSIBLE FOR STREET LIGHT BILLINGS TO THE EXTENT OF $378.00 ON SEVEN LITS TO BE INSTALLED IN PHARAOH VALLEY, UPON PAYMENT TO THE CITY OF $378.00 BY MR. FRANK PEERMAN, 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: Mayor Barnard, Commissioners Young, Blackmon, de Leon, Maldonado, Roberts, and Wallace all present and voting "Aye". The foregoing ordinance was passed by the following vote: Mayor Barnard, Commissioners Young, Blackmon, de Leon, Maldonado, Roberts, and Wallace all voting "Aye". ORDINANCE NO. 6908 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO ACCEPT FROM JOHN L. TOMPKINS A UTILITY EASEMENT OUT OF LOT 11, BLOCK 4, PEARY PLACE UNIT 1, A SUBDIVISION OF THE CITY OF CORPUS CHRISTI, TEXAS, IN LIEU OF THE UTILITY EASEMENT HERETOFORE GRANTED AND SHOWN OF RECORD IN VOLUME 25, PAGE 73 OF THE MAP RECORDS OF NUECES COUNTY, TEXAS, AS MORE FULLY SET FORTH IN THE UTILITY EASEMENT, 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 Barnard, Commissioners Young, Blackmon, de Leon, Maldonado, Roberts, and Wallace all present and voting "Aye". The foregoing ordinance was passed by the following vote: Mayor Barnard, Commissioners Young, Blackmon, de Leon, Maldonado, Roberts, and Wallace all voting "Aye". • City of Corpus Christi, Texas Regular Council Meeting May 15, 1963 Page 9 ORDINANCE N0. 6909 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE AND DELIVER AN AGREEMENT ACKNOWLEDGING AND CON- FIRMING THAT C. G. GLASSCOCK AND HIS ASSIGNEE, SCOTCH INVESTMENT COMPANY, HAVE WITHIN THE TWO YEARS REQUIRED, COMPLETED THE CONSTRUCTION OF A BREAKWAItha, THE PLACING OF APPROXIMATELY 17,000 CUBIC YARDS OF DREDGED MATERIAL ON THE CITY'S BEACH AREA, AND THE PAYMENT TO THE CITY OF THE SUM OF $12,000.00 AND FULLY PER- FORMED THE CONDITIONS MATURING THE EASEMENT GRANTED TO THE CITY OF CORPUS CHRISTI IN AGREEMENT DATED MAY 10, 1962, AMENDED BY AGREEMENT OF SEPTEMBER 19, 1962, A COPY OF WHICH CONFIRMATION IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Mayor Barnard, Commissioners Young, Blackmon, de Leon, Maldonado, Roberts, and Wallace all present and voting "Aye". The foregoing ordinance was passed by the following vote: Mayor Barnard, Commissioners Young, Blackmon, de Leon, Maldonado, Roberts, and Wallace all voting "Aye". ORDINANCE N0. 6910 AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI ADOPTED ON THE 2(1H DAY OF AUGUST, 1937, APPEARING OF RECORD IN VOLUME 9, PAGES 565 ET SEQ OF THE ORDINANCE AND RESOLUTION RECORDS, AS AMENDED FROM TIME TO TIME AND PARTICULARLY AS AMENDED BY ORDINANCE NO. 6106, PASSED AND APPROVED ON THE 29TH DAY OF MARCH, 1961, BY AMENDING THE ZONING MAP BY CHANGING THE ZONING OF LOTS 10, 11, 12 AND 13, BLOCK 1, ALAMEDA PLACE, AN ADDITION TO THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R-2" TWO-FAMILY DWELLING DISTRICT TO "AB" PROFESSIONAL OFFICE DISTRICT; KEEPING IN JoJECT ALL OTHER PROVISIONS OF 'iiia EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Mayor Barnard, Commissioners Young, Blackmon, de Leon, Maldonado, Roberts, and Wallace all present and voting "Aye". The foregoing ordinance was passed by the following vote: Mayor Barnard, Commissioners Young, Blackmon, de Leon, Maldonado, Roberts, and Wallace all voting "Aye". ORDINANCE N0. 6911 APPROPRIATING OUT OF NO. 250 SANITARY SEWER BOND FUND THE SUM OF $913.02 FOR REIMBURSEMENT TO HOLT AND RULINGS REALTY COMPANY FOR THAT PORTION OF ENGINEER- ING COSTS APPLICABLE TO SEWER INSTALLATIONS IN CORMAR INDUsTHIAL TRACT, DESIG- NATED AS PROJECT N0. 250-61-30; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Mayor Barnard, Commissioners Young, Blackmon, de Leon, Maldonado, Roberts, and Wallace all present and voting "Aye". The foregoing ordinance was passed by the following vote: Mayor Barnard, Commissioners Young, Blackmon, de Leon, Maldonado, Roberts, and Wallace all voting "Aye". • City of Corpus Christi, Texas Regular Council Meeting May 15, 1963 Page 10 ORDINANCE NO. 6912 AMENDING ORDINANCE NO. 6839, BY AMENDING THE LAST CLAUSE OF SECTION 1 OF SAID ORDINANCE SO AS TO BE IN SJHICT ACCORDANCE WITH THE AGREEMENT FOR ANNEXATION EXISTING BETWEEN THE UNITED STATES OF AMERICA AND THE CITY OF CORPUS CHRISTI REGARDING THE TAXATION OF PROPERTY WITHIN THE TERRITORY ANNEXED; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Mayor Barnard, Commissioners Young, Blackmon, de Leon, Maldonado, Roberts, and Wallace all present and voting "Aye". The foregoing ordinance was passed by the following vote: Mayor Barnard, Commissioners Young, Blackmon, de Leon, Maldonado, Roberts, and Wallace all voting "Aye". SECOND READING OF AN ORDINANCE GRANTING TO PHARAOH ENTERPRISES, LTD., A FRANCHISE TO LAY, CONSTRUCT, OPERATE, MAINTAIN, REPAIR AND REMOVE A PIPELINE EIGHT INCHES IN DIAMETER FOR THE TRANSPORTATION OF THE SEWAGE EFFLUENT FROM THE OSQ SANITARY SEWER TREATMENT PLANT WITHIN AND UPON CERTAIN ROADS AND STREETS OF THE CITY; SETTING FORTH PROVISIONS TO THE EFFECT THAT SAID PIPELINE BE CONSTRUCTED, MAINTAINED AND OPERATED IN SUCH MANNER AND IN SUCH PLACES AS NOT TO INTERFERE Wi'i'n THE USE OF SAID STREETS BY Thh CITY OR THE INHABITANTS THEREOF AND CONTINUING CERTAIN OTHER PROVISIONS, RESTRICTIONS AND CONDITIONS; AND PROVIDING FOR FORFEITURE OF THE FRANCHISE UNDER CERTAIN CONDITIONS. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Mayor Barnard, Commissioners Young, Blackmon, de Leon, Maldonado, Roberts, and Wallace all present and voting "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 CONTRACT AND LEASE AGREEMENT WITH C. C. MOBILE HOMES, INC., LEASING TO 'Elth SAID C. C. MOBILE HOMES, INC., ALL OF LOT 1 OF THE MC BRIDE COMMERCIAL SITES, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FOR AND IN CONSIDERATION OF THE TERMS AND CONDT2IONS SET FORTH IN THE CONTRACT AND LEASE AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Mayor Barnard, Commissioners Young, Blackmon, de Leon, Maldonado, Roberts, and Wallace all present and voting "Are. Mayor Barnard called for petitions or information from the audience on matters not scheduled on the agenda. Harold Alberts, attorney representing Mr. Henry Grossman, explained the circumstances and presented information to support his request that the City refund the overpayment of taxes by Mr. Henry Grossman in the amount of $1,254.01 which were erroneously charged to Mr. Henry Grossman on his portion of the building at 1002 Leopard Street. City of Corpus Christi, Texas Regular Council Meeting May 15, 1963 Page 11 Commissioner Blackmon suggested that in view of the information pre- sented by Mr. Alberts, the matter, may be a question of law rather than of fact, and that the matter should be studied further by the Council. Motion by Blackmon, seconded by Roberts and passed that the matter be taken under advisement. City Attorney Singer reported that with reference to the question of Mayor Barnard relating to Item "a(5)" of the City Manager's Reports, that the Chair has ruled on it, and that the ruling of the Chair is final in the absence of appeal from the ruling, unless the Chair wishes to reconsider the matter, in which case the motion to reconsider can be taken up on the same day. The motion to reeonsider,may be made by anyone voting on the majority side of the action, in this instance, anyone of the Council may so move since the vote on the original action was unanimous Mayor Barnard reminded the Council that be wanted all interested parties present if a matter was to be reconsidered, and that he would enter- tain a motion to appeal the ruling of the Chair. Both Commissioner Blackmon and Commissioner Wallace stated that they would like to reconsider the matter, but that they would not appeal the ruling of the Chair. Mayor Barnard then announced that the Chair would rescind its own ruling, and would entertain a motion to reconsider the matter under discussion. Motionvby Wallace that the motion to approve the recommendation of the City Manager with respect to the award of bid on regular and premium gas- oline be reconsidered. Mayor Barnard requested that all parties involved be notified to be present at the next meeting. Motion by Wallace, seconded by Blackmon and passed that the action on the City Manager's Reports be reconsidered. Motion by Blackmon, seconded by Wallace and passed that the reports and recommendations of the City Manager, with the exception of Lots I and II of Item "a(5)" only, be accepted and approved. Commissioner Roberts explained in detail his reason for feeling that no fair comparison can be made in this instance between a firm price bid and a sliding scale bid based on market price, on the basis that it is a question of either the City or the bidder playing the market, and pointed out that it is a matter of speculation on a difference of $1800.00 to the City, • • City of Corpus Christi, Texas Regular Council Meeting May 15, 1963 Page 12 but that it means a $100,000.00 contract to the bidder, and that he felt the Council should decide to take bids either one way or the other, but not either way. Ccanissioner Young suggested that the bidders be contacted as to how they prefer to bid. Motion by de Leon, seconded by Young and passed that the matter be referred to a Sub -committee for father atudy..and report to the Council. Mayor Barnard appointed Commissioners Roberts and Wallace as the Bub -committee to study and report to the Council on the matter under discus- Sion. Mabyor Barnard reported on the recommendations and requests which he has received so far from the Youth Advisory Council relative to providing a drag strip for the use of teenagers, the opening of school gyms for exercise activities during the summer months, and providing two more clubs for teenage dancing and soft drinks to be open every day except perhaps Sunday, and an- nounced he was referring the report to the Park & Recreation Department for suggestions to the Mayor as to how this department can cooperate in the matter. Mayor Barnard suggested that the vacancy on the Boatel of Adjustment created bythe resignation of Mr. Homer Mann, be filled at this,=time, and that the -2 alternates also be appointed, and nominated Mr. John Miller, prea- eintly serving as. alternate, to replace Mr. Mann, and Mr. Bill Stalter, archi- tect, and Mr. Gene Urban, engineer, to serve as alternates. Motion by Blackmon, seconded by de Leon and passed that appoint menta to the Board of Adjustment be made as follows: W. JohnMiller, to fill the vacancy created by the resignation of Mr. Homer Mann; and Mr. Bill Stalter, architect, and Mr. Gene Urban, engineer, as alternates. Mere being no further business to come before the Council, the meeting was adjourned.