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HomeMy WebLinkAboutMinutes City Council - 10/09/1963PRESENT: 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 October 9, 1963 2:00 p.m. City Manager Herbert W. Whitney Ass't City Att'y Wayland Pilcher Acting City Sec'y Doris Francis Mayor James L. Barnard called the meeting to order. The Invocation was given by Commissioner de Leon in the absence of a guest Chaplain. Acting City Secretary Doris Francis called the roll of those in attendance. Mayor Barnard recognized and welcomed Miss Jean Malins, president of Incarnate Word Academy Research Council, who introduced each of the students re- presenting the Research Council, and identified the science award each had won. Mayor Barnard congratulated the girls on behalf of the Council for their achieve- ments and those of their school in the field of science research. Mayor Barnard read a proclamation proclaiming the month of October, 1963, as NATIONAL SCIENCE YOUTH MONTH in Corpus Christi, and urging all educators, teachers, parents and interested parties to encourage the youth of today in the application of scientific thought, creative ability, thoroughness and technical skill to the problems of the day, to study for the future. The foregoing proclamation was accepted by Jean Malins. Mayor Barnard read a letter from the Texas Water and Sewage Works Associa- tion informing the Mayor that Mr. Atlee Cunningham, Water Superintendent for the City, has been selected by the Awards Committee of the Association as City Water Utility Man of the Month for his many contributions to the field of public utility management and his years of dedicated service, and complimenting the Mayor and citizens for having such an outstanding man in the City's organization. Mayor Barnard read the Award and presented it to Mr. Cunningham with the congratulations of the Council, the City Manager, and the Director of Public Utilities. Mayor Barnard read a proclamation proclaiming Sunday, October 13, 1963, as GRANDMOTHER'S DAY in Corpus Christi, and calling upon all Corpus Christians • City of Corpus Christi, Texas Regular Council Meeting October 9, 1963 Page 2 to celebrate the occasion in an appropriate manner. The proclamation was accepted by Mrs. L. F. Bette, president of theCorpus Christi Grandmothers Club, Charter 44. Mayor Barnard read a proclamation proclaiming Saturday, October 12, 1963, as COLUMBUS DAY in Corpus Christi, as occasion for the expression of the Brother- hood and Good Will which we hold for our neighbors in the Latin American countries. The proclamation was accepted by W. W. Red Fox and Thomas E. Adams of the Knights of Columbus. Mayor Barnard read a proclamation proclaiming the week of October 14 -21, 1963, under the co-sponsorship of the hat retailers of this City and the hat manu- facturers of this country, as FELT HAT WEEK with October 14 as FELT HAT DAY, to be governed by dress requirements demanded by the occasion. The proclamation was accepted by Bob Kraakevik and Oscar Hinojosa. Mayor Barnard announced the opening of bids. Bids were opened and read on 1,000' of 1'g", and 3,000' of 21" Fire Hose from the following: Blaze Guard Mfg. Co.; American La France Sales & Service; Alamo Iron Works; Norvell-Wilder Supply Co.; and Southwest Equipment & Extinguisher Company. 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 recognized a delegation of Flour Bluff area residents represented by Mrs. Levi Materne, 325 Ohio; Harry Grimm, 184ZWaldren Road; Mrs. Fred E. Webster, 304SWaldron Drive; Mrs. Olsovsky, 745 Purdue; Mrs. A. W. Greene, Oak Dale; Mr. Spalzer, 130 Whitely Drive; Mrs. Krinklain; Mr. Floyd, 1309 So. Lexington; and Mrs. Breedlove, 4110 Bloomington, who requested that the property for this area be re-evaluated for tax purposes; that they be given an opportunity to be heard by the Tax Equalization Board if they so desired; that they be taxed from October 1, 1963, only; and that the City take over the Water District at the soonest possible date. The City's fiscal year, the period covered by the Budget, and possible ways to accomplish their request with respect to the Water District were explained and the group was assured that the Council has these matters under study along with • • City of Corpus Christi, Texas Regular Council Meeting October 9, 1963 Page 3 many other problems relative to the area, and that the residents of the area would receive fair treatment by the City Council and the City Staff in all their problems based on right and law. Mayor Barnard announced the public hearing on the Appeal of $3.99 Economy Car Rentals of Corpus Christi, Inc., from the Taxicab Inspector's denial of applica- tion for a driverless automobile franchise. Mayor Barnard requested that the minutes reflect the absence from the meet- ing of Mayor Pro Tem Jim Young during the public hearing on this matter due to personal interest in the subject. Assistant City Attorney Pilcher suggested the procedure to be followed, and presented the original application to the Taxicab Inspector by $3.99 Economy Car Rentals of Corpus Christi, Inc., for a driverless automobile franchise, and a copy of the decision of the Taxicab Inspector denying the application on the basis that the public convenience and necessity had not been proven. J. B. Trimble, attorney representing the applicant, presented the published rate schedules of the three existing franchise holders, Hertz, National, and Avis, and of Econo-Car and a comparison sheet of the published rates; described the make, model, and accessories of the cars to be used in the Econo-Car operation to support his presentation that the applicant is offering to provide a service at a rate which is competitive and more economical than existing rates, and urged that the franchise be granted on the basis that the public convenience and interest will be served by being able to purchase a comparable commodity or service at a lower price, and the economy of Corpus Christi would be helped. Phil Ridgeway, representing National Car Rentals, made a few corrections in the rate schedule presented by Mr. Trimble as having been in effect since January of this year, and urged that the appeal be denied on the basis that the City is being adequately served by the holders of the existing franchises; that although there have been times when all of National's cars are in service, to his knowledge, no customer has been turned away; that if the Econo-Car franchise is granted, he knows of one or two additional applications for franchisrsthat will be made; and that the proof of public convenience and necessity required by the ordinance has not been shown. • City of Corpus Christi, Texas Regular Council Meeting October 9, 1963 Page 4 The representatives of Hertz and of Avis Car Rentals opposed the appeal on the basis that proof of necessity has not been shown. Mayor Barnard stated for the record that the Mayor Pro Tem has an invest- ment in the subject company, but that he wished to assure the interested parties that Mr. Young has never discussed this application with any of the Council, has never attempted to influence any Councilman's vote in the matter, nor has he received any assurance from any member of the Council. Motion by Wallace, seconded by Blackmon and passed that the hearing be closed. Motion by Wallace that the ruling of the Taxicab Inspector in denying the application of the $3.99 Economy Car Rentals of Corpus Christi, Inc. for a franchise to operate a driverless automobile business be over -ruled, and the franchise be granted. The motion died for lack of a second. Motion by de Leon, seconded by Maldonado that the matter be taken under advisement. Commissioner Blackmon moved that the foregoing motion be amended to state that a decision be reached by next regular meeting. The amendment was accepted by de Leon and Maldonado, and the motion passed with Wallace voting "Nay". Mayor Barnard commented that he felt the ordinance needed to be studied. Mayor Barnard directed that the minutes now reflect the return to the meet- ing of Mayor Pro Tem Young. Mayor Barnard called for the City Manager's Reports. Motion by Wallace, seconded by Blackmon 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 October 23, 1963, on Painting of the Water Tank at Mestina & Sam Rankin Streets, be granted; b. That the renewal of contract with Thomas Y. Pickett Co., Inc., for appraisal and valuation of Oil and gas properties within the City and the Corpus Christi Independend School District, be approved; c. That the granting of easement to Central Power & Light Co., for pole line crossings at Cunningham Water Plant to serve the San Patricio Raw Water Pump Station, be approved; • City of Corpus Christi, Texas Regular Council Meeting October 9, 1963 Page 5 d. That the date of October 30, 1963, at a special meeting convening at 4 p.m., be set for public hearing on 3 zoning cases; e. That the date of November 6, 1963, during the regular meeting be set for public hearing on the Adoption of a Storm Drainage Plan as part of the Master Plan; f. That the City Manager be granted permission to attend the I.C.M.A. Conference for the week of October 14 through 18, 1963, and that R. Marvin Townsend be appointed Acting City Manager during this period. ORDINANCE NO. 7040 DETERMINING THE NECESSITY FOR AND ORDERING THAT A PORTION OF NORTH STAPLES STREET FROM THE SOUTH BOUNDARY LINE OF INTERSTATE HIGHWAY 37 TO THE NORTH BOUNDARY LINE OF KINNEY STREET BE IMPROVED; AND REQUIRING THE DIRECTOR OF PUBLIC WORKS TO PREPARE AND FILE PLANS AND SPECIFICATIONS FOR THE PROPOSED IMPROVEMENTS: REQUIRING THE CITY SECRETARY TO FILE A NOTICE IN THE OFFICE OF THE COUNTY CLERK OF NUECES COUNTY OF THE ACTION HEREIN; PROVIDING HOW SUCH IMPROVEMENTS SHALL BE PAID AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Mayor Barnard, Commissioners Young, Blackmon, de Leon, Maldonado, Roberts and Wallace, present and voting "Aye". The foregoing ordinance was passed by the following vote: Mayor Barnard, Commissioners Young, Blackmon, de Leon, Maldonado, Roberts and Wallace, present and voting "Aye". Assistant City Attorney Pilcher reported that the Notice of Action con- tained in the foregoing ordinance has been filed in the Office of the County Clerk of Nueces County as required. ORDINANCE NO. 7041 APPROVING AND ADOPTING THE DIRECTOR OF PUBLIC WORKS' WRITTEN STATEMENT AND REPORT OF THE ESTIMATES OF THE VARIOUS COSTS FOR THE IMPROVEMENT OF A PORTION OF NORTH STAPLES STREET FROM THE SOUTH BOUNDARY LINE OF INTERSTATE HIGHWAY 37 TO THE NORTH BOUNDARY LINE OF KINNEY STREET, AND THE STATEMENTS OF THE NAMES OF THE APARENT OWNERS, DESCRIPTIONS AND NUMBER OF FRONT FEET OF ABUTTING PROPERTY ON SAID STREET WITHIN SAID LIMITS; DETERMINING AND FIXING THE PORTION OF SAID COSTS, AND THE RATE THEREOF, TO BE PAID BY AND ASSESSED AGAINST SAID ABUTTING PROPERTY, AND THE REAL AND TRUE OWNERS THEREOF, AND THE PORTION THEREOF TO BE PAID BY THE CITY OF CORPUS CHRISTI, TEXAS; DETERMINING THE NECESSITY OF LEVYING AN ASSESSMENT AGAINST SAID ABUTTING PROPERTY, AND THE REAL AND TRUE OWNERS THEREOF, FOR THE PART OF SAID COST APPORTIONED THEM; ORDERING AND SETTING A HEARING TO BE HELD AT 3:00 O'CLOCK P.M. ON THE 30TH DAY OF OCTOBER, 1963, IN THE COUNCIL CHAMBERS OF THE CITY HALL IN CORPUS CHRISTI AS THE TIME AND PLACE FOR HEARING OF THE REAL AND TRUE OWNERS OF SAID ABUTTING PROPERTY, AND ALL OTHERS INTERESTED IN SAID PROPERTY OR IN SAID PROCEEDINGS CONCERNING SAID ASSESSMENTS AND PROCEEDINGS; DIRECTING THE CITY SECRETARY TO GIVE NOTICE OF SAID HEARING AS REQUIRED BY THE LAWS OF THE STATE OF TEXAS AND THE CHARTER OF THE CITY OF CORPUS CHRISTI, TEXAS, AND FURTHER, • City of Corpus Christi, Texas Regular Council Meeting October 9, 1963 Page 6 DIRECTING SAID CITY SECRETARY IN ADDITION TO THE CONTENTS OF THIS NOTICE OF SAID HEARING AS REQUIRED BY LAW, WHICH SHALL BE VALID AND SUFFICIENT IN ITSELF, TO KEEP ON FILE A LIST OF THE APPARENT OWNERS AND DESCRIPTION OF SAID ABUTTING PROPERTY AS SET OUT IN SAID REPORT OF THE DIRECTOR OF PUBLIC WORKS AND PROVIDING THAT SAID LIST OF APPARENT OWNERS SHALL NOT BE CONCLUSIVE OF SAID OWNERSHIP AND SHALL NOT LIMIT SAID NOTICE TO SUCH OWNERS' NAMES OR THE PROPERTIES DESCRIBED, AND THE SAID NOTICE SHALL NEVERTHELESS BE DIRECTED TO THE REAL AND TRUE OWNERS OF SAID ABUTTING PROPERTY, WHETHER NAMED OR CORRECTLY NAMED OR NOT; AND DECLARING AN EMERGENCY.. The Charter rule was suspended by the following vote: Mayor Barnard, Commissioners Young, Blackmon, de Leon, Maldonado, Roberts and Wallace, present and voting "Aye". The foregoing ordinance was passed by the following vote: Mayor Barnard, Commissioners Young, Blackmon, de Leon, Maldonado, Roberts and Wallace, present and voting "Aye". ORDINANCE NO. 7042 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 NAP BY CHANGING THE ZONING OF LOT 1, BLOCK 4, CORONADO ADDITION TO THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" ONE FAMILY DWELLING DISTRICT TO "B-4" GENERAL BUSINESS DISTRICT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Mayor Barnard, Commissioners Young, Blackmon, de Leon, Maldonado, Roberts and Wallace, present and voting "Aye". The foregoing ordinance was passed by the following vote: Mayor Barnard, Commissioners Young, Blackmon, de Leon, Maldonado, Roberts and Wallace, present and voting "Aye". ORDINANCE NO. 7043 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 OF LOTS 1 THROUGH 9, BLOCK "A", OF LEXINGTON PARK, AS SHOWN ON THE PLAT ATTACHED HERETO AS EXHIBIT "A", BEING THAT SAME PROPERTY ALSO DESCRIBED AS A 140' x 366' TRACT OUT OF THE NORTH- EAST CORNER OF LOT 12, SECTION 18, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, FROM "R -1B" ONE FAMILY DWELLING DISTRICT TO "B-1" NEIGHBORHOOD BUSINESS DISTRICT; AND CHANGING THE ZONING OF BLOCK "B" OF LEXINGTON PARK, AS SHOWN ON THE PLAT ATTACHED HERETO AS EXHIBIT "A", SAID BLOCK "B" BEING ALSO DESCRIBED AS A 268'.x 366' TRACT OUT OF THE NORTHEAST PORTION OF LOT 12, SECTION 18, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, FROM "R -1B" ONE FAMILY DWELLING DISTRICT TO "A-2" APART- MENT HOUSE DISTRICT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. City of Corpus Christi, Texas Regular Council Meeting October 9, 1963 Page 7 The Charter rule was suspended by the following vote: Mayor Barnard, Commissioners Young, Blackmon, de Leon, Maldonado, Roberts and Wallace, present and voting "Aye". The foregoing ordinance was passed by the following vote: Mayor Barnard, Commissioners Young, Blackmon, de Leon, Maldonado, Roberts and Wallace, present and voting "Aye". ORDINANCE NO. 7044 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A UTILITY EASEMENT TO THE CENTRAL POWER & LIGHT COMPANY ON A CERTAIN TRACT OF CITY PROPERTY, MORE FULLY DESCRIBED IN A COPY OF SAID UTILITY EASEMENT 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, present and voting "Aye". The foregoing ordinance was passed by the following vote: Mayor Barnard, Commissioners Young, Blackmon, de Leon, Maldonado, Roberts and Wallace, present and voting "Aye". SECOND READING OF AN ORDINANCE GRANTING JAMES D. LENKIN AND E. J. MICHAL, dba WHITE DUCK TOUR SERVICE, A FRANCHISE FOR THE OPERATION OF A SCENIC MOTOR TOURIST SERVICE BY THE USE OF AMPHIBIOUS VEHICLES; PROVIDING FOR A CHARGE OF TWO PERCENT (2%) OF GROSS RECEIPTS TO BE PAID ON OR BEFORE THE 10TH DAY OF EACH MONTH FOR THE PRECEDING CALENDAR MONTH; PROVIDING FOR THE FILING OF A STATEMENT OF RECEIPTS; PROVIDING FOR PUBLIC LIABILITY SECURITY; PROVIDING FOR A TERM OF FIVE YEARS; PRO- VIDING FOR PROPER SUPERVISION; PROVIDING OTHER TERMS, CONDITIONS AND REGULATIONS; PROVIDING FOR AN EFFECTIVE DATE; AUTHORIZING THE CITY MANAGER TO EXECUTE AND DELIVER SAID FRANCHISE; AND PROVIDING FOR THE FORFEITURE OF SAID FRANCHISE. 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, present and voting "Aye". ORDINANCE NO. 7045 THIRD READING OF AN ORDINANCE AMENDING THE CORPUS CHRISTI CODE, 1958, AS AMENDED,BY ADDING A NEW SECTION TO ARTICLE IV IMMEDIATELY FOLLOWING SECTION 9-10, TO BE DESIG- NATED AS SECTION 9-10A, PROHIBITING CERTAIN USES OF THE BARGE DOCK; AMENDING SECTION 9-46, REGULATING SIGN ADVERTISING OF COMMERCIAL AND CHARTER VESSELS; AMENDING SECTION 9-47, REGULATING ERECTION AND MAINTENANCE OF AWNINGS; ADDING A NEW SECTION TO ARTICLE IV IMMEDIATELY FOLLOWING SECTION 9-47, TO BE DESIGNATED AS SECTION 9-47A, REGULATING GEAR BOXES AND TICKET BOOTHS; AMENDING SECTION 9-56, REGULATING USE OF WATER; AND ADDING A NEW SECTION TO ARTICLE IV IMMEDIATELY FOLLOWING SECTION 9-56, TO BE DESIGNATED AS SECTION 9-56A, REGULATING THE USE OF ELECTRICITY; PRO- VIDING A PENALTY FOR VIOLATION; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SAVINGS CLAUSE; PROVIDING AN EFFECTIVE DATE; AND PROVIDING FOR PUBLI- CATION. • City of Corpus Christi, Texas Regular Council Meeting October 9, 1963 Page g The foregoing ordinance was read for the third time and passed finally by the following vote: Mayor Barnard, Commissioners Young, Blackmon, de Leon, Maldonado, Roberts and Wallace, present aid voting "Aye". RESOLUTION NO. 7046 THAT THE NS SAVANNAH, A PART OF THIS NATION'S PROGRAM TO DEMONSTRATE ITS WILLINGNESS TO USE NUCLEAR ENERGY FOR PEACEFUL BUSINESS AND COMMERCIAL PURPOSES, BE INVITED TO VISIT THE PORT OF CORPUS CHRISTI AND BE OPEN FOR INSPECTION BY THE PUBLIC; THAT COPIES OF THIS RESOLUTION BE FORWARDED TO THE APPROPRIATE PERSONS IN CONTROL OF THE SCHEDULE OF THE NS SAVANNAH; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Mayor Barnard, Commissioners Young, Blackmon, de Leon, Maldonado, Roberts and Wallace, present and voting "Aye". The foregoing Resolution was passed by the following vote: Mayor Barnard, Commissioners Young, Blackmon, de Leon, Maldonado, Roberts and Wallace, present and voting "Aye". RESOLUTION N0. 7047 THAT THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI DOES HEREBY ENDORSE AND APPROVE THE EFFORTS OF THE TEXAS COMMISSION ON ATOMIC ENERGY AND SOUTHERN INTERSTATE NUCLEAR BOARD AND NUECES COUNTY NAVIGATION DISTRICT IN THEIR EFFORTS TO INCREASE THE VOLUME OF COMMERCIAL TRAFFIC IN RADIOACTIVE MATERIALS, WITH DUE PRECAUTIONS TO PROTECT THE PUBLIC HEALTH AND SAFETY; THAT SAID CITY BE IDENTIFIED AS A PIONEER TO ENCOURAGE THE INDIRECT AND DIRECT BENEFIT FROM NUCLEAR ADVANCES; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Mayor Barnard, Commissioners Young, Blackmon, de Leon, Maldonado, Roberts and Wallace, present and voting "Aye". The foregoing Resolution was passed by the following vote; Mayor Barnard, Commissioners Young, Blackmon, de Leon, Maldonado, Roberts and Wallace, present and voting "Aye". No one appeared in response to the Mayor's invitation for anyone with petitions or information for the Council on items not scheduled on the agenda to come forward and be heard. There being no further business to come before the Council, the meeting was adjourned.