HomeMy WebLinkAboutMinutes City Council - 06/05/1963PRESENT:
Mayor James L. Barnard
Commissioners:
Jim Young
Jack R. Blackmon
J. R. de de Leon
M. P. Maldonado
W. J. Roberts
W. H. Wallace, Jr.
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
June 5, 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 Commissioner de Leon in the absence of a
guest Chaplain.
City Secretary T. Ray Kring called the roll of those in attendance.
Motion by Young, seconded by Maldonado and passed that the minutes of
the regular meeting of May 29, 1963, at 2 p.m., and of the special meeting of the
same day at 4 p.m., as furnished to the Council, be approved.
Mayor Barnard announced that in accordance with Council instructions, a
joint appointment of a committee to study the hospital problem in Nueces County
was to be made by the Mayor of Corpus Christi and the Judge of the County Com-
missioners' Court with the advice and consent of the respective bodies.
Mayor Barnard appointed the Area Development Committee of the Corpus
Christi Chamber of Commerce, and the Mayors, or their designatees, of the five
other cities in the County, as the Hospital Study Committee, to study the hospital
problem in Nueces County from the standpoint of financial participation and sup-
port.
Motion by de Leon, seconded by Roberts and passed that the foregoing
appointment be ratified and confirmed by the City Council.
Bids were opened and read on an estimated 12 -months' supply of Radio
Tubes from the following: Electronic Equipment & Engineering; and Modern Electronics.
Bids were opened and read on an estimated 12 -months' supply of 7 items
of Water Treating Chemicals from the following: Aluminum Co. of America; The
American Agricultural Chemical Co.; Pittsburgh Plate Glass, Chemical Division;
Round Rock White Lime Co.; Henry Sundheimer Co.; Thompson Hayward Chemical Co.;
U. S. Gypsum Co.; Dixie Chemical Co.; Dow Chemical Co.; McKesson & Robbins Co.; and
Austin White Lime Co.
City of Corpus Christi, Texas
Regular Council Meeting
June 5, 1963
Page 2
Bids were opened and read on an estimated 12 -months' supply of 13 items
of Street Construction Materials from the following: American Petrofina Co. of
Texas;`Halliburton Portland Cement Co.; Humble Oil & Refining Co.; Uvalde Rock
Asphalt Co.; White's Uvalde Mines; Southwestern Materials Co.; Betucote Products;
C. C. Shell Co.; and Heldenfels Brothers.
Bids were opened and read on an estimated 12 -months' supply of 2 lots
of Street Sweeper Broom Material from the following: Frank Deaver; Dulaney Service
Co.; A. Steiert & Son; Tuffibre Co.; and Girard Machinery.
Bids were opened and read on an estimated 12 -months' supply of 5 lots
of Pipe Repair Sleeves, Full Circle & Bronze Service Clamps from the following:
R. H. Baker & Co.; Dresser Manufacturing Division; James Jones Co.; Mabry Foundry
& Machine Co.; McAllen Pipe & Supply Co.; Municipal Pipe & Fabricating Co.; The
Rohan Co.; Trans -Tex Supply Co.; and Smith Blair, Inc.
All of 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 called for the City Manager's Reports.
Motion by Wallace, seconded by Maldonado and passed that the City Manager's
Reports be accepted, and the recommendations and requests be approved and granted
as follows:
a. That authority to advertise for bids to be received on June 19, 1963,
on the following, be granted: (1) One Gas Main Tapping Machine with accessories;
(2) Estimated 12 -months' supplies of Printing Paper, Columnar Pads, etc., and
Miscellaneous Stationery Items;
b. That award of bid on the basis of low bid meeting specifications be
made as follows: (1) Trans -Tex Supply Co., for 70 Fire Hydrants, for $9,791.77;
(Bid Tabulation #34 in File); (2) W. S. Dickey Clay Mfg. Co., for an estimated
12 -months' supply of Vitrified Clay Sewer Tile & Fittings, for a total of $43,125.85;
(Bid Tabulation #35 in File); (3) The Rohan Co., for an estimated 12 -months'
supply of Lot I, 57 items of Brass Service Fittings for Water and Gas Services,
for $11,662.39; and McAllen Pipe & Supply, for an estimated 12 -months supply of
Lot II, 9 items of Brass Service Fittings, for $2,085.44; (Bid Tabulation #36 in
File); (4) Cathodic Protection Service, for 110 High Potential Anodes, for
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City of Corpus Christi, Texas
Regular Council Meeting
June 5, 1963
Page 3
$2,331.53; (Bid Tabulation #37 in File); (5) Auto Center, for an estimated 12-
moaths'supply, 300 Automotive Batteries, for $2,900.02; (Bid Tabulation #38 in File);
(6) Brooks Products of Texas, Inc., for Items 1, 4, 7 & 8, Foundry & Concrete Items,
for a total of $5,538.00; Gulf Star Foundries, for Items 2, 5, 6, 9, 10, 11, 12, 13,
14, 15, 16, 18 & 19, Foundry & Concrete Items, for a total of $11,702.55; and San
Antonio Machine & Supply Co., for Items 3, 17 & 20, Foundry & Concrete Items, for a
total of $418.90; (Bid Tabulation #39 in File); (7) Trans -Tex Supply Co., for an
estimated 12 -months' supply, C. I. Tapping Sleeves and Valves, Lots I & II, for
$23,643.98; (Bid Tabulation $40 in File); (8) L. L. Ridgeway Co., Inc., for a
year's contract for Blueprint Service, for $3,860.45; (Bid Tabulation #41 in File);
(9) Arnold Oil Co., for an estimated 12 -months' supply, 5,000 Spark Plugs, for
$2,107.00; (Bid Tabulation #42 in File); (10) Counts Concrete Co., for estimated
12 -months' supply'1,255 cu.yds. Beady-Mi.x Concrete, for $15,782.50; (Bid Tabula-
tion #43 in File);
c. That the date of June 26, 1963, during a special meeting at 4:00
p.m., be set for public hearing on 3 zoning applications;
d. That a lease agreement with the Uptown Kiwanis Club for lease of a
room and adjacent garage in the Recreational Building of Kiwanis Field on Corpus
Christi Beach, be renewed for 5 years at $1.00 per year. rental.
City Manager Whitney explained the purposes and conditions of a proposed
lease with Tuloso Midway Youth Center for a 3 -acre tract of land in West Guth Park
for providing and operating under parental supervision a Youth Center Canteen and
Recreation Center principally for youth of the Tuloso Midway Independent School
District.
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City of Corpus Christi, Texas
Regular Council Meeting
June 5, 1963
Page 4
ORDINANCE NO. 6924
AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE, FOR AND ON BEHALF OF THE
CITY, A COOPERATION AGREWENT BETWEEN THE CITY AND HOUSING AUTHORITY OF THE CITY OF
CORPUS CHRISTI IN LIEU OF THE EXISTING AGREEMENTS AND COVERING ALL PROJECTS OF THE
LOCAL AUTHORITY, A COPY OF WHICH AGREEMENT IS ATTACHED HERETO AND MADE A PART HERE-
OF; 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
ORDINANCE N0. 6925
AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON BEHALF OF THE CITY OF CORPUS
CHRISTI TO EXECUTE AN AGREEMENT WITH HOUSING AUTHORITY OF THE CITY OF CORPUS
CHRISTI, AS LESSOR, FOR LAND TO BE USED FOR PARE AND PLEASURE GROUNDS, SAID LEASE
BEING FOR THE TERM OF FIVE (5) YEARS, BEGINNING ON THE 15TH DAY OF FEBRUARY, 1963,
AND ENDING ON THE 14TH DAY OF FEBRUARY, 1968, FOR AND IN CONSIDERATION OF THE TERMS
AND CONDITIONS SET FORTH IN THE PRESENT AGREEMENT AND LEASE IN ALL THINGS THEREIN
CONTINUED IN FULL FORCE AND EFFECT; 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. 6926
AUTHORIZING AND DIRECTING THE CITY MANAGER TO ENTER INTO AN ESCROW AGREEMENT BE-
TWEEN THE CITY AND NEWCORTEX, INC., WITH THE CORPUS CHRISTI STATE NATIONAL BANK AS
ESCROW AGENT, PROVIDING FOR THE HOLDING OF A DEPOSIT OF $100,000,00 IN NEGOTIABLE
UNITED STATES TREASURY BTT.TS AS SECURITY FOR THE PERFORMANCE OF THE OBLIGATIONS
CONTAINED IN THE GOLF COURSE LEASE BETWEEN THE CITY AND NEWCORTEX, INC., IN LIEU
OF THE PERFORMANCE BOND, A COPY OF WHICH ESCROW AGRUMENT 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, Roberta, and Wallace all voting
,Aye"
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City of Corpus Christi, Texas
Regular Council Meeting
June 5, 1963
Page 5
ORDINANCE NO. . 692 7
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. 6106, PASSED AND APPROVED ON THE 29TH DAY OF MARCH, 1961, BY AMENDING
THE ZONING MAP BY CHANGING THE ZONING ON ALL OF LOTS 30 AND 31, COUNTRY CLUB PLACE,
SAVE AND EXCEPT THAT PORTION HERETOFORE CONVEYED TO THE STATE OF TEXAS FOR HIGHWAY
PURPOSES AND TO BE INCLUDED WITHIN THE RIGHT-OF-WAY OF INTERSTATE HIGHWAY 37, AS
HEREINAFTER MORE FULLY DESCRIBED, FROM "A-1" APARTMENT HOUSE DISTRICT TO "B-1"
NEIGHBORHOOD BUSINESS DISTRICT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EX-
ISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DE-
CLARING 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
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 WITH TULOSO
MIDWAY YOUTH CENTER, A NON-PROFIT CORPORATION, INCORPORATED UNDER THE LAWS OF TEXAS,
A TRACT OF LAND OUT OF WEST GUTH PARK, CONTAINING APPROXIMATELY 2.68 ACRES OF LAND
MORE PARTICULARLY DESCRIBED IN SAID LEASE, A COPY OF WHICH IS ON FILE IN THE OFFICE
OF THE CITY SECRETARY ON A LEASE FORM SIMILAR TO THE FORM LEASING 9.55 ACRES OF
LAND TO TULOSO-MIDWAY INDEPENDENT SCHOOL DISTRICT, FOR THE PURPOSE OF PROVIDING AND
OPERATING A YOUTH CENTER CANTEEN AND RECREATION CENTER.
The foregoing ordinance was read for the first time and passed to its
second reading by the following vote: Mayor Barnard, Commissioners Young, Blackmon,
de Leon, Maldonado, Roberts, and Wallace all present and voting "Aye".
Motion by Young, seconded by de Leon and passed that the following amend-
ments be made to the proposed ordinance relating to the obstruction of sidewalks
and street right-of-way by trees and shrubs, before the second reading: Amend
second sentence of the last paragraph of Section 4 by changing the words "24+ hours"
to "seven days"; and amend Section 2 by ad"ling the sentence, "The existence of
trees or shrubs in such a position or in such a condition as to interfere with the
view by vehicle operators of street signs or traffic control signs or devices
shall constitute interference with the view of vehicle operators,"
Commissioner Blackmon suggested that a possible additional amendment to
the ordinance under discussion be studied before the third reading, to exclude
from the section affixing a lien on the abutting propery, the affixing of a lien on
private property for the trimming of planting which is on property actually owned
by the City.
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City of Corpus Christi, Texas
Regular Council Meeting
June 5, 1963
Page 6
SECOND READING OF AN ORDINANCE DECLARING IT UNLAWFUL FOR ANY PERSON TO
PLANT OR TO PERMIT THE EXISTENCE OF ANY TREE OR SHRUB IN ANY PART OF ANY PUBLIC
STREET RIGHT OF WAY WHICH INTERFERES WITH THE PROPER LIGHTING OF ANY PUBLIC STREET
OR SIDEWALK AREA, OR WHICH INTERFERES WITH THE FREE PASSAGE ALONG ANY SIDEWALK AREA
OF PEDESTRIANS, OR WHICH INTERFERES WITH THE FREE PASSAGE ALONG THAT PART OF THE
PUBLIC RIGHT OF WAY OTHER THAN SIDEWALK AREA OF ANY VEHICLE; DECLARING THE EXIST-
ENCE OF ANY TREE OR SHRUB IN ANY PART OF ANY SIDEWALK AREA OR WITHIN ANY STREET
RIGHT OF WAY ABUTTING ANY PRIVATELY OWNED PROPERTY TO BE A PUBLIC NUISANCE AND AN
Ono NSE BY THE OWNER AND/OR PERSON IN CONTROL OF SAID ABUTTING PROPERTY WHERE ANY
SUCH TREE OR SHRUB INTERFERES WITH PROPER LIGHTING OF THE STREET RIGHT OF WAY AREAS
OR INTERFERES WITH THE FREE PASSAGE ALONG THE SIDEWALK AREA OR STREET AREA, OR INTER-
FERES WITH THE VIEW OF ANY VEHICLE OPERATOR TO THE EXTENT OF CONSTITUTING A HAZARD
TO THE SAFETY OF THE PUBLIC; DECLARING IT TO BE THE DUTY OF EVERY OCCUPANT, OWNER
OR AGENT OF PREMISES TO KEEP ALL TREES AND SHRUBS ON SUCH PREMISES AND/OR ON THE
SIDEWALK AREA ABUTTING SUCH PREMISES SO THAT NO TREE OR SHRUB OVERHANDS THE SIDE-
WALK AREA OR STREET IN SUCH MANNER AS TO INTERFERE WITH FREE PASSAGE OVER THE SAME;
AUTHORIZING THE CITY, ACTING THROUGH ITS DIRECTOR OF PUBLIC WORKS, TO TRIM ANY AND
ALL TREES AND/OR SHRUBS ON ANY PREMISES OR ON ANY SIDEWALK AREAS OR STREET AREAS
ABUTTING THE PREMISES WHICH INTERFERES WITH FREE PASSAGE OVER THE SAME OR SO OB-
STRUCTS THE VIEW OF VEHICLE OPERATORS AS CONSTITUTES A HAZARD TO THE SAFETY OF THE
PUBLIC, AFTER NOTICE TO THE ABUTTING PROPERTY OWNER, OCCUPANT OR AGENT OF THE PREM-
ISES, AND CHARGE THE COST TO THE OWNER, OCCUPANT, OPERATOR, AGENT OR PERSON IN CON-
TROL AND FIXING A LIEN AGAINST THE ABUTTING PROPERTY TO SECURE SUCH COSTS; PROVID-
ING PENALTY FOR VIOLATION; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICA-
TION.
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".
FIRST READING OF AN ORDINANCE AUTHORIZING AND DIRECTING '1'R8 CITY MANAGER,
FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A LEASE AGREEMENT WITH
THE UPTOWN KIWANIS CLUB OF CORPUS CHRISTI, TEXAS, LEASING UNTO THE SAID UPTOWN
KIWANIS CLUB OF CORPUS CHRISTI, TEXAS, A ROOM AND ADJACENT GARAGE IN THE RECREA-
TIONAL BUILDING OF KIWANIS FIELD, NORTH BEACH, CORPUS CHRISTI, TEXAS, SAID LEASE
BEING FOR THE TERM OF FIVE (5) YEARS BEGINNING JULY 10, 1963, AND ENDING JULY 9,
1968, FOR AND IN CONSIDERATION OF THE TERMS AND CONDITIONS SET FORTH IN THE FORM
OF LEASE AGREEMFPP ATTACHED TO AND MADE A PART OF ORDINANCE NO. 4976, DATED FEBRU-
ARY 19, 1958.
The foregoing ordinance was read for the first time and passed to its
second reading by the following vote: Mayor Barnard, Commissioners Young, Blackmon,
de Leon, Maldonado, Roberts, and Wallace all present and voting "Aye".
Mayor Barnard announced the public hearing on the Appeal of Miguel
Guebara Adame from revocation of his Taxicab Driver's License by the Taxicab In-
spector.
City Attorney Singer read the sections of the City Taxicab Ordinance
and of the City Code relative to the suspension or revocation of a Taxicab
Driver's License; the right of appeal from such action of the Taxicab Inspector;
and the provision that following the Council's hearing of such appeal, the City
Council shall either sustain or reverse the order of the Taxicab Inspector, and
that the action of the City Council shall be final.
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City of Corpus Christi, Texas
Regular Council Meeting
June 5, 1963
Page 7
Sgt. William B. Marsalis, Taxicab Inspector, testified under oath to the
effect that on May 28, 1963, he had notified Mr. Miguel Guebara Admue in writing of
the permanent revocation of his Taxicab Driver's License for violation of the Taxi-
cab Ordinance of the City of Corpus Chrsiti, stating his reason based on the arrest
of Mr. Adame on May 17, 1963, for Assignation for which a fine of $5.00 was paid.
City Attorney Singer presented copy of written notice to Mr. Adame of the
revocation of his Taxicab Driver's License signed by Sgt. Marsalis, and certified
copy of proceedings had in Corporation Court before Judge 0. E. Cannon on May 17,
1963, which included the complaint, judgement, and statement of fine paid.
Tony Bonilla, attorney representing Mr. Aflame, cross-examined Sgt.
Marsalis with particular reference to the Section of the City. Ordinance and the
City Code under which the Taxicab Inspector had acted in revoking the license con-
cerned in the appeal.
Miguel Guebara Adame testified and was cross-examined under oath, as to
his employment as a Taxicab Driver and his actions on the date in question relative
to his subsequent arrest and charge with the crime of Assignation.
Mr. Bonilla argued to the effect that a plea of "not guilty" had been
entered to the charge for which Mr. Adame had been arrested; and that the Section
of the City Ordinance and of the City Code under which Sgt. Marsalis testified he
had acted in revoking the license, did not specifically use the word "assignation"
which was the violation for which the license had been revoked.
At the request of the City Council, City Attorney Singer read the def-
inition of Assignation as defined in Vernon's Penal Statutes.
City Attorney Singer argued to the effect that under the City Taxicab
Ordinance and the City Code the Taxicab Inspector has the authority to revoke a
Taxicab Driver's License for violation of any City Ordinance as well as the
particular offenses set out; that the record submitted is proof of violation; and
that the written notice of such revocation is required to give the Taxicab In-
spector's reason for so doing, but does not require that he recite a specific
Violation.
Motion by de Leon, seconded by Maldonado and passed that the hearing be
closed.
Motion by Blackmon, seconded. by de Leon and passed that the matter be
taken under advisement.
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City of Corpus Christi, Texas
Regular Council Meeting
June 5, 1963
Page a
Mayor Barnard acknowledged receipt of the petition of Mrs. R. E. Perry
for repeal of the ordinance designating certain portions of Santa Fe and Third
Streets as one-way streets, stating her reasons for the request; and City Manager
Whitney presented the petition of Mrs. Gladys Leach received in the same form.
(Petition #6 in File).
Bill Shireman, attorney representing Mrs. Leach as a friend, spoke in
support of the foregoing petitions, and urged that the interested parties be given
a hearing to determine whether or not the situation as it exists, justifies the
continuance of the one-way streets in view of the hardship it is placing on the
residents and business owners on these streets.
Motion by Maldonado, seconded by de Leon and passed that the petitions
be received, and referred to the Traffic Safety Advisory Board and the Traffic
Engineer for recommendation to the City Council.
John T. Flower, 3922 Stirman, submitted a written request that a study
be made of the problem of chemical agents used in insect, pest and weed control
which are extremely toxic to man and other warm blooded animals, and institute
proper measures to insure the health, safety and comfort of all the citizens.
Ralph Thibodeau, $029 Stirman, a teacher at Del Mar College, commented
that a good deal of informed opinion on the subject of the damage of pesticides to
wildlife and humans had elicited a Presidential Scientific Advisory Commission
which has already reported to President Kennedy, and suggested that this City
have a Mayor's Scientific Advisory Commission to study both private and commercial
use of insecticides and pesticides without prejudice and report observances and
findings so that proper action could be taken if necessary.
Stanley Kerr, 3534 Pecan, a sales and service engineer in water purifi-
cation, commented that he had had occasion to observe drifting sprays contaminat-
ing water supplies, that he did not know what concentration it took to contaminate
property or water supply but suggested further study on it,
Charles Boeckman, 320 Clifford, stated that this is a matter that in-
formed people all over the United States are concerned with, and felt that it was
very wise to look into it, and that it was certainly within the scope of the
Council to study.
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City of Corpus Christi, Texas
Regular Council Meeting
June 5; 1963
Page 9
Mayor Barnard pointed out that the Council had appointed a Pest Control
Advisory Board and suggested that this Board and the City Health Officer should be
well qualified to study matters of this nature and report to the Council..
Motion by Roberts, seconded by Wallace and passed that the matter be re-
ferred to the City Manager for proper referral with the request that the matter be
reported back to the Council within two weeks.
Tony Bonilla, attorney, presented copies of an editorial printed in
THE TIMES, on May 17, 1963, entitled "Sounding Board" suggesting that the Mayor
appoint an inter -racial, inter -ethnic committee of representatives of Negroes,
Latin Americans, and Anglo Americans, and include a broad representation of occu-
pational, professional, and political groups, to provide a sounding board for dis-
cussion of minority problems and provide leadership for change, and read a state-
ment of his ideas and suggestions in this regard.
Mayor Barnard explained that the Council has already given the matter
some study and that although no conclusion has been reached yet, a decision will
be made soon.
There being no further business to come before the Council, the meeting
vas adjourned.