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HomeMy WebLinkAboutMinutes City Council - 07/24/1963PRESENT: Mayor Pro Tem Jim Young Commissioners: Jack R. Blackmon W. J. Roberts W. H. Wallace, Jr. a_..y, CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING July 24, 1963 2:00 P.M. City Manager Herbert W. Whitney City Attorney I. M. Singer Ass't City Att'y Wayland Pilcher City Secretary T. Ray Kring • Mayor Pro Tem Jim Young called the meeting to order The Invocation was given by the Reverend Leroy Russell, Pastor of Oak Park Methodist Church. City Secretary T. Ray Kring called the roll of those in attendance. Mayor Pro Tem Young declared the meeting competent to proceed, and welcomed to the meeting a group of students representing several schools in the area attend- ing the summer school Civics Class at Roy Miller High School and their sponsor, Mr. Jack Stone. Motion by Roberts, seconded by Blackmon and passed that the absence of Mayor James L. Barnard, Commissioners J. R. de Leon, and M. P. Maldonado be excused for cause. Motion by Wallace, seconded by Roberts and passed that the minutes of the regular meeting of July 17, 1963, be approved as furnished to the Council. Mayor Pro Tem Young recognized Commissioner Blackmon who, on behalf of the Mayor and Council, welcomed and introduced to the audience each of the justices newly appointed by Governor Connally as the newly created Court of Civil Appeals for the 13th Supreme Judicial District, Chief Justice Howard P. Greene, of Cuero; Justice Gilbert Sharpe, of Brownsville; and Justice Paul Nye, of Corpus Christi. Commis- sioner Blackmon congratulated each of the Justices in turn, expressed the honor and pleasure of the City for their presence, presented to each a Key to the City, symbolizing the Key to Opportunity for greater honor and service to their fellow- man; and awarded Certificates of Honorary Citizenship of the City of Corpus Christi to Chief Justice Greene and Justice Sharpe, and a Certificate of Commendation to Justice Nye. The three Justices were accompanied by J. Lev Hunt, president of the Nueces County Bar Association, and Bill Anderson, president-elect. Commissioner Blackmon, on behalf of the members of the Bar Association, commended Governor Connally on the appointment of this Court as a well-balanced representation from the Bench and • • City of Corpus Christi, Texas Regular Council, Meeting July 24, 1963 Page 2 from the practice at the Bar. Mayor Pro Tem Young called for the opening of bids. Bids were opened and read on 7 lots of Stock and Custom Continuous Tabu- lating Forms from the following: Marvin S. Miller; Moore Business Forms, Inc.; The Reynolds and Reynolds Co.; and Uarco, Inc. 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 Pro Tem Young announced the public hearing on the request for the closing of a 60' right-of-way easement in Lots 6, 7, 10 and 11, Section 5, Range VIII, Gugen- helm and Cohn Farm Lots. City Manager Whitney explained the application was made by John Huston, engineer, on behalf of W. L. Bates, property owner, to close a portion of the dedi- cated but unopened and unused street near the intersection of the Old Brownsville Road and Lexington Boulevard; presented a sketch showing the 60' street easement described in the request as being that portion between Lots 6 and 7 and 10 and 11, bounded on the East by Lots 7 and 10 and on the West by Lots 6 and 11, excepting that portion of the easement lying within Lexington Boulevard and Old Brownsville Road; and that the Staff's recommendation was that the request be granted since there is no involvement as to future planning, present utilities, or drainage or other improvements. No one appeared to speak either for or against the request. Motion by Roberts, seconded by Blackmon and passed that the hearing be closed. Motion by Roberts, seconded by Wallace and passed that the request be approved, and the 60' right-of-way easement described in the request be closed as shown on the sketch presented. Mayor Pro Tem Young announced the public hearing, recessed from last week's regular meeting, on the Appeal from the Decision of the Taxicab Inspector regard- ing the disapproval of the application of Roberto C. Bazan for a Taxicab Driver's License. City Manager Whitney explained that in answer to the Council's question, it had been determined that the ticket issued on September 7, 1961, for speeding • City of Corpus Christi, Texas Regular Council Meeting July 24, 1963 Page 3 violation had been issued, as claimed by the applicant's attorney, to Mr. Bazan's son Roberto, Jr., not to the applicant, and offered in evidence the yellow copy of the ticket issued. Assistant City Attorney Wayland Pilcher reported that he had found no record of any traffic violation of the applicant in the records of Corporation Court, and submitted a copy of the traffic violations record of the applicant received from the State Highway Department. Edwardo ae Ases, attorney for the applicant, pointed out that the record showed only 2 violations involving traffic, both of which had been mentioned in the testimony heard last week, and which occurred approximately 2 years before the suspension of Mr. Bazan's taxicab driver's license. Neither attorney desired to submit any further testimony. Motion by Roberts, seconded by Wallace and passed that the hearing be closed. Motion by Wallace, seconded by Blackmon and passed that the decision of the Taxicab Inspector regarding the disapproval of the application of Roberto C. Bazan for a Taxicab Driver's License be overruled, and the issuance of a license be authorized. Mr. de Ases, on behalf of his client who was unable to be present, thanked the Council for the manner in which this appeal was heard and considered, and stated for the record that he felt it demonstrated to all the citizens that any citizen, regardless of race or station in life, can bring a grievance before this City Council and receive a fair hearing. Mayor Pro Tem Young called for the City Manager's Reports. Motion by Roberts, seconded by Wallace and passed that the City Manager's Reports be accepted, and the recommendations and requests be approved and granted, as follows: a. That the award of bid on Tabulating Machine Cards be made on the basis of low bid meeting specifications, as follows ° To Southwest Globe Ticket Co., for Lot I, 5,401,000 Cards consisting of Meter Reading, Work Order, Application, Address, Billing, Payment, Violation, Deposit, Payroll, Equipment Cost, etc., for $6,358.34; and to Mid -Continent Tab Card Co., for Lot II, 740,000 Cards consisting of Blue Bills and Tax Bills, for $1,750.72; (Bid Tabulation #61); • City of Corpus Christi, Texas Regular Council Meeting July 24, 1963 Page 4 b. That acceptance and final payment of Estimate #5 in the amount of $10,424.84 to Heldenfels Bros. for completion of construction of Navigation Boule- vard Storm Sewer project, be approved; c. That award of contract for construction of Koolside Area Street Improve- ments on Lambert, Francis, Lum, and Babalo, to Womack and Manning for the sum of $66,829.62, be approved; and request for appropriation in the amount of $73,000.00 for contract and contingencies, including engineering, legal advertising, recording fees, and laboratory testing, be granted; d. That the request of Kelsey Memorial Methodist Church Youth Fellowship for permission to paint addresses on curbs in front of private residences, be granted with the understanding that property owners be contacted prior to the painting of the numbers; e. That the Tax Error and Correction List for April, 1963, be approved; f. That the transfer of bond funds in the amount of $47,251.00 for reimburse- ment of Sewer Fund for amounts previously advanced for Westside Sanitary Sewer Laterals Unit V, Section VI, project be approved; g. That the transfer of bond funds in the amount of $7,000.00 for reimburse- ment of Sewer Fund for amounts previously advanced and to be advanced through July 31, 1963, for Cabaniss Acres Laterals project be approved; h. That the award of bid on a Marina Patrol Launch be made on the basis of low bid meeting the specifications to San Antonio Machine & Supply Co., Marine Division, for a 28' Pearson Fiberglass Launch, fc $12,964.94; (Bid Tabulation #62); i. That the date of August 21, 1963, during the regular meeting, be set for public hearing on a request for the closing of a portion of Railroad Avenue; j. That the date of August 14, 1963, at a special meeting convening at 4 p.m., be set for public hearing on 5 zoning applications; k. That Dr. W. R. Metzger be reappointed as City Health Officer, for the ensuing 2 -year term. ORDINANCE NO. 6966 RECEIVING AND ACCEPTING THE CONSTRUCTION OF THE NAVIGATION BOULEVARD STORM SEWER UNIT I, PROJECT NO. 295-61-30, AS PERFORMED BY THE CONTRACTOR, HELDENFELS BROTHERS, UNDER THEIR CONTRACT DATED JANUARY 23, 1963, AUTHORIZED BY ORDINANCE NO. 6768; AUTHORIZING PAYMENT OF FINAL ESTIMATE NO. 5, DATED JULY 11, 1963, IN THE AMOUNT OF $10,424.84, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, SAID FINAL PAYMENT TO BE MADE FROM NO. 295 STORM SEWER BOND FUNDS PREVIOUSLY APPROPRIATED FOR CONSTRUCTION OF THIS PROJECT; AND DECLARING AN EMERGENCY. • City of Corpus Christi, Texas Regular Council Meeting July 24, 1963 Page 5 The Charter rule was suspended by the following vote: Mayor Barnard,Com- missioners de Leon and Maldonado, absent; Commissioners Young, Blackmon, Roberts and Wallace, present and voting "Aye". The foregoing ordinance was passed by the following vote: Mayor Barnard, Commissioners de Leon and Maldonado absent; Commissioners Young, Blackmon, Roberts and Wallace, present and voting "Aye". RESOLUTION NO. 6967 AUTHORIZING AND DIRECTING THE DIRECTOR OF FINANCE, WITH THE APPROVAL OF THE CITY MANAGER, TO CONVERT INTO CASH U.S. TREASURY BONDS HAVING A MATURITY VALUE OF $22,000.00 OWNED BY THE RESERVE ACCOUNT OF THE WATERWORKS REVENUE BOND INTEREST AND SINKING FUND; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Mayor Barnard, Com- missioners de Leon and Maldonado, absent; Commissioners Young, Blackmon, Roberta and Wallace, present and voting "Aye". The foregoing Resoluticn was passed by the following vote: Mayor Barnard, Commissioners de Leon and Maldonado absent; Commissioners Young, Blackmon, Roberts and Wallace, present and voting "Aye". ORDINANCE NO. 6968 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A CONTRACT WITH WOMACK AND MANNING FOR THE CONSTRUCTION OF THE KOOLSIDE AREA STREET IMPROVEMENTS, DESIGNATED AS PROJECT NO. 220-61-69.6; APPRO- PRIATING OUT OF NO. 220 STREET BOND FUND THE SUM OF $73,000.00, OF WHICH AMOUNT $66,829.62 IS FOR THE CONSTRUCTION CONTRACT AND $6,170.38 IS FOR CONTINGENCIES, INCLUDING ENGINEERING, LEGAL ADVERTISING, RECORDING FEES AND LABORATORY TESTING; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Mayor Barnard,Com- missioners de Leon and Maldonado, absent; Commissioners Young, Blackmon, Roberts and Wallae, present and voting "Aye". The foregoing ordinance was passed by the following vote: Mayor Barnard, Commissioners de Leon and Maldonado absent; Commissioners Young, Blackmon, Roberts and Wallace, present and voting "Aye". ORDINANCE NO. 6969 APPROPRIATING OUT OF NO. 250 SANITARY SEWER BOND FUND THE SUM OF $47,251.00 FOR CONSTRUCTION OF WESTSIDE SANITARY SEWER LATERALS UNIT V, SECTION VI, PROJECT NO. 250-61-19, BY CITY FORCES; AUTHORIZING THE REIMBURSEMENT OF NO. 109 SEWER FUND FOR ALL AMOUNTS PREVIOUSLY ADVANCED FOR THE ABOVE PROJECT; AND DECLARING AN EMERGENCY. • City of Corpus Christi, Texas Regular Council Meeting July 24, 1963 Page 6 The Charter rule was suspended by the following vote: Mayor Barnard, Com- missioners de Leon and Maldonado, absent; Commissioners Young, Blackmon, Roberts and Wallace, present and voting "Aye". The foregoing ordinance was passed by the following vote: Mayor Barnard, Commissioners de Leon and Maldonado absent; Commissioners Young, Blackmon, Roberts and Wallace, present and voting "Aye". ORDINANCE NO. 6970 APPROPRIATING OUT OF NO. 250 SANITARY SEWER BOND FUND THE SUM OF $7,000.00 FOR CONSTRUCTION OF CABINASS ACRES LATERALS, PROJECT NO. 250-61-33; AUTHORIZING THE REIMBURSEMENT OF NO. 109 SEWER FUND FOR ALL AMOUNTS PREVIOUSLY ADVANCED AND TO BE ADVANCED THROUGH JULY 31, 1963, FOR THE AFORESAID PROJECT; AND DECLARING AN EMERGENCY: The Charter rule was suspended by the following vote: Mayor Barnard, Com- missioners de Leon and Maldonado, absent; Commissioners Young, Blackmon, Roberts and Wallace, present and voting "Aye". The foregoing ordinance was passed by the following vote: Mayor Barnard, Commissioners de Leon and Maldonado absent; Commissioners Young, Blackmon, Roberta and Wallace, present and voting "Aye". RESOLUTION NO. 6971 RECOGNIZING THE LOSS TO THE CITIZENS OF CORPUS CHRISTI AND THE CITY OCCASIONED BY THE DEATH OF MRS. W. ARMSTRONG PRICE. The Charter rule was suspended by the following vote: Mayor Barnard, Com- missioners de Leon and Maldonado, absent; Commissioners Young, Blackmon, Roberts and Wallace, present and voting "Aye". The foregoingrseolution as passed by the following vote: Mayor Barnard, Commissioners de Leon and Maldonado absent; Commissioners Young, Blackmon, Roberta and Wallace, present and voting "Aye". Commissioner Blackmon pointed out that an ordinance reflecting a change of zoning on a portion of Lot "H", Block 5, Bluff Front Addition, would not have suffi- cient votes to carry it at this meeting due to the fact that three of the Council are absent and he has disqualified himself in the matter due to an interest of his law firm, and the proposed ordinance was withdrawn from consideration until next week's meeting. • City of Corpus Christi, Texas Regular Council Meeting July 24, 1963 Page 7 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 KELLY RANCH, A PARTNERSHIP LEASING TO THE SAID KELLY RANCH A TRACT OF LAND LOCATED AT THE INTERNATIONAL AIRPORT, DESIGNATED AS TRACT "D", IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, TO BE USED FOR FARMING AND AGRICULTURAL PURPOSES, FOR A TERM OF FOUR (4) YEARS BEGINNING AUGUST 1, 1963, AND ENDING AUGUST 1, 1967, IN ACCORDANCE WITH THE FORM SET OUT IN ORDINANCE NOS. 4995 AND 4996, PASSED AND APPROVED BY THE CITY COUNCIL ON THE 12TH DAY OF MARCH, 1958. The foregoing ordinance was read for the second time and passed to its third reading by the following vote; Mayor Barnard, Commissioners de Leon and Maldonado, absent; Commissioners Young, Blackmon, Roberts and Wallace, 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 LEASE AGREEMENT WITH J. L. SCOGIN, LEASING TO THE SAID J. L. SCOGIN A TRACT OF LAND LOCATED AT THE INTERNA- TIONAL AIRPORT, DESIGNATED AS TRACT 3, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, TO BE USED FOR FARMING AND AGRICULTURAL PURPOSES, FOR A TERM OF SIX MONTHS, BEGINNING FEBRUARY 1, 1964, AND ENDING AUGUST 1, 1964, IN ACCORDANCE WITH THE FORM SET OUT IN ORDINANCE N0. 5239, PASSED AND APPROVED BY THE CITY COUNCIL ON THE 21ST DAY OF JANUARY, 1959. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Mayor Barnard, Commissioners de Leon and Maldonado, absent; Commissioners Young, Blackmon, Roberts and Wallace, present and voting "Aye". Commissioner Blackmon pointed out that he intended to abstain from voting on the second reading of a proposed ordinance relative to a revocable ease- ment for use of a portion of public right-of-way and street of Ocean Drive as he had abstained from voting on the first reading due to his property ownership in the area involved; and William Shireman, attorney representing Mesog Donigan and his sister Lucy Welsh, recited the background of land dedications for Ocean Drive and for the widening of the street and straightening of the "S" curve, and previous application for the abandonment of certain portions not being used by the City for street purposes. He urged since the action contained in the proposed ordinance in question would have the same effect as an abandonment of public property for private use, that the matter be approached in that manner by public hearing, and that he anticipated under the circumstances, that such application for abandonment would be made by his clients within a few days. The proposed second reading of the ordinance in question was deferred and withdrawn from the agenda with the approval of the Council. 1 • City of Corpus Christi, Texas Regular Council Meeting July 24, 1963 Page 8 SECOND READING OF AN ORDINANCE GRANTING CORPUS CHRISTI SIGHT SEEING SERVICE, INC., A FRANCHISE ON AND OVER THE PUBLIC STREETS, ALLEYS AND PUBLIC THOROUGHFARES OF THE CITY OF CORPUS CHRISTI, FOR THE PURPOSE OF OPERATING SCENIC MOTOR TOUR SERVICES, IN THE SAME FORM AS THE FRANCHISE GRANTED BY ORDINANCE NO. 5089, PASSED AND APPROVED BY THE CITY COUNCIL ON JULY 2, 1958, AND AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND DELIVPR SAID FRANCHISE; PROVIDING FOR THE FORFEITURE OF SAID FRANCHISE; AND PROVIDING FOR 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 de Leon and Maldonado, absent; Commissioners Young, Blackmon, Roberts and Wallace, present and voting "Aye". Mayor Pro Tem Young called for petitions or information from the audience on matters not scheduled on the agenda. Homer C. Innis, president of the Corpus Christi Chamber of Commerce, read a letter addressed to the Mayor and City Council, dated July 17, 1963, submitting the views of the Board of Directors on the need for pedestrian crossways on Shoreline Drive to South Beach, for more rapid development of toilet and dressing facilities, cabanas and related beach attractions, and offering their cooperation in any practical and useful way to correct the constant present danger of fatal auto -pedestrian acci- dents in this area. The Board of Directors proposed to sponsor a city-wide contest to develop the best idea and plan to correct the danger, or to employ an architect - engineer to prepare a sketch and plan of improvement for consideration of the City Council. Motion by Wallace, seconded by Roberts and passed that the offer of the Board of Directors of the Chamber of Commerce to employ an architect -engineer to pre- pare such plans relative to South Beach for submission to the City Council be accepted. Mrs. Herminia Chavana, 1518 Eighteenth Street, stated that she understood the City had sent letters to businessmen regarding work for Latin-Americans; reported an incident of racial discrimination whe_ein her brother was hired for a few days by Whataburger and then fired because he was a Latin-American; and urged the Council to end racial discrimination in this City. Commissioner Wallace suggested that the Council take note of Mrs. Chavana's remarks, and that the citizens be reminded that this Council is firmly on record as being strongly in favor of no discrimination for race, color or creed, with regard 111/1 + • City of Corpus Christi, Texas Regular Council Meeting July 24, 1963 Page 9 to the use of public places or employment; and it was explained to Mrs. Chavana that the letter she mentioned referred to accommodations and restaurant facilities, and had been mailed to all places of business for hotel, and motel and restaurant facilities listed in the yellow pages in the Telephone Directory, but that the City Council had no regulatory power with regard to employment by private businesses. Joe Fernandez, 739 Mohawk, appeared in regard to his complaint of the condition in which his driveway had been left after installation of storm sewers by the contractor. City Manager Whitney explained that he had made an inspection of the property last week, that he had instructed the Street Superintendent to make the necessary repairs, and that the work would be done within the next few days. Earlie Dixon, 760 Mohawk, asked if he would also get back the 50' of pipe across his lot which had been removed and not returned to him. City Manager Whitney explained that normally when improvements of this nature are completed thereby eliminating the need of the pipe for drainage, the contractor does not return the old pipe, but that he would have a like amount of pipe returned to Mr. Dixon. City Manager Whitney presented the request of Mr. J. 0. Burnett for an Interim Zoning Permit to erect a 47' x 28' greenhouse for a fruit and vegetable display area on one acre out of Lot 2, Section 28, Flour Bluff and Encinal Farm and Garden Tracts, at 7338 Lexington, and the recommendation of the Zoning & Planning Commission that it be approved. Motion by Roberts, seconded by Blackmon and passed that the recommen- dation of the Zoning & Planning Commission be concurred in, and the foregoing Interim Zoning Permit be granted. RESOLUTION NO. 6972 EXTENDING THE SYMPATHY OF THE CITY COUNCIL AND CITIZENS TO COMMISSIONER M. P. MALDONADO AND HIS FAMILY IN THEIR BEREAVEMENT OF THE DEATH OF HIS THREE YEAR OLD GRANDSON, MICHAEL POMPA. The Charter rule was suspended by the following vote: Mayor Barnard, Commissioners de Leon and Maldonado, absent; Commissioners Young, Blackmon, Roberts and Wallace, present and voting "Aye". - • City of Corpus Christi, Texas Regular Council Meeting July 24, 1963 Page 9 The foregoing Resolution was passed by the following vote: Mayor Barnard, Commissioners de Leon and Maldonado, absent; Commissioners Young, Blackmon, Roberts and Wallace, present and voting "Aye". Commissioner Wallace stated, in answer to numerous letters he has received and been unable to answer personally, that his views coincide 100% with the statement given to the Press within the last week by Governor Connally with regard to the question of segregation, Commissioner Wallace moved that consideration of the ordinance with- drawn from the agenda earlier in the meeting relative to the use of a portion of public right-of-way and street of Ocean Drive be closed, and a public hearing con- ducted in connection with the matter involved. City Attorney Singer reminded the Council that the ordinance relating to such matters requires the filing of an application and the payment of a fee of $25.00 to cover the cost of required notices of such public hearing to all property owners within 50' of the area involved. Commissioner Wallace withdrew his motion. Mayor Pro Tem Young reported on plans for the possible holding of a week-long festival type of celebration in the late Fall in the nature of a cultural exchange with our sister city of Yokosuka, Japan, which would be attended by dignitaries of that City, and commented that he felt such a festival could have far-flung significance of a goodwill nature, that the many facets would appeal to all our citizens and would also be of national significance. There being no further business to come before the Council, the meet- ing was adjourned.