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HomeMy WebLinkAboutMinutes City Council - 04/15/1964;• PRESENT: 7:6_, • Mayor James L. Barnard Commissioners: Jim Young Jack R. Blackmon J. R. de Leon M. P. Maldonado W. J. Roberts W. H. Wallace, Jr. Church. CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING April 15, 1964 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 Dr. Jeff D. Brown, pastor of Emmanuel Baptist City Secretary T. Ray Kring called the roll of those in attendance. Motion by Young, seconded by Blackmon and passed that the minutes of the regular meeting of April 8, 1964, be approved as furnished to the Council. Mayor Barnard read a proclamation proclaiming NATIONAL SECRETARY'S WEEK in Corpus Christi, April 19 through April 25, 1964; accepted by Mrs. Flora Hunt, representing the local chapter of National Secretaries Association. Mayor Barnard explained that the appointments to the Youth Advisory Committee are made by the Council from nominees suggested by the superintendents and principals of the schools involved, and that it has been suggested that ap- pointments be made before the school term starts in the fall, so new members can become acquainted with the work of the committee. Commissioner de Leon announced the following partial list of nominees to the Youth Advisory Committee for the 1964-65 school year; University of Corpus Christi, Gary Lowe and Evelyn Patterson; W. B. Ray High School, Dave Davis and Kathy Harrison; West Oso High School, Noe Cavazos; Solomon M. Coles High School, Doris Nell Price; Corpus Christi Academy, Duff Thompson, re -appointment; IncarMnate Word Academy, Beverly Anne Windstrup; and Mary Carroll High School, Corbit Magby and Mary Rodman. Motion by de Leon, seconded by Young and passed that the foregoing nominees be appointed to the Youth Advisory Committee for the 1964-65 school year. Mayor Barnard recognized Mr. Leslie Mabry, of the Associated General Contractors, who introduced Mr. Phil Dudley as the newly appointed executive director of the local chapter, who was attending this meeting in connection with • City of Corpus. Christi, Texas Regular Council Meeting April 15, 1964 Page 2 the opening of bids on the construction of Fire Station #12 as his first official act for the organization. Mayor Barnard recognized Miss Clair Applewhite, an 8th Grade Student at Hamlin Junior High School, and her mother, Mrs. T. C. Applewhite, 401 Miramar, and with Clair's permission read her recent letter to him asking if there was something he, as Mayor, the citizens of Corpus Christi, and she could do to prevent the words "under God" from being removed from our Pledge of Allegiance as is presently being insisted upon by Mrs. Madalyn Murray, on the basis that this country was founded "under God" and in history, few nations have found it possible to survive without God. Mayor Barnard commended Clair on her spirit: of fine citizenry and American- ism, and in response to her plea for support of the Pledge of Allegiance to our Flag as it stands, introduced and read a resolution for consideration of the Council. RESOLUTION NO. 7194 URGING THE CITIZENS TO TAKE CONCERTED AND AFFIRMATIVE ACTION TO DEFEAT EFFORTS TO REVISE THE PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA BY DE- LETING THE WORDS "UNDER GOD," TO PREVENT ANY ATTEMPT TO DEVELOP CONCEPT OF A GOD- LESS AMERICA, AND TO COMMUNICATE WITH THE CONGRESS OF THE UNITED STATES AND REQUEST THEIR SUPPORT TO DEFEAT =ORTS TO REVISE THE PLEDGE OF ALLEGIANCE. The Charter rule was suspended by the following vote: Mayor Barnard, Commissioners Young, Blackmon, de Leon, Maldonado, and Roberts all present and voting "Aye," and Commissioner Wallace, absent. The foregoing resolution was passed by the following votes Mayor Barnard, Commissioners Young, Blackmon, de Leon, Maldonado, and Roberts all present and voting "Aye," and Commissioner Wallace, absent. Mayor Barnard presented the foregoing Resolution No. 7194 to Miss Apple - white. Mayor Barnard called for the opening of bids. Commissioner Wallace arrived at the meeting. Bids were opened and readon the construction of Fire Station #12, Rand Morgan Road, from the following; E. Kocurek Construction Co.; Lanphier Construc- tion Co.; C. J. Toland d/b/a Toland Construction Co.; and C. C. Hinehberger d/b/a Hinchberger Construction Co. The foregoing bids were tabled for 48 hours as required by the City Charter, and referred to the City Manager for tabulation and recommendation. • • City of Corpus Christi, Texas Regular Council Meeting April 15, 196+ Page 3 The bid of Slovak Bros., the only one received on the construction of a Spray Pool for Elgin Park, was opened and read. The foregoing bid was tabled for 48 hours as required by the City Charter, and referred to the City Manager for recommendation. Mayor Barnard announced the l pending item of the applications Ce tions of Cecil Burney and of Frank Cech for change of zoning from "R -1B" to "I-2" Light Industrial District on a portion of an 8.0 -acre tract of the Hatch Tract, and a portion of the 8.38 -acre Frank Cech Tract, being a portion of the Hatch Tract. -City Manager Whitney read the recommendation of the Staff that the change of zoning be denied but in lieu a Special Permit be approved subject to the filing and approval of a plat as required by the Platting Ordinance which plat will pro- vide for: (1) Dedication of the right of way according to location 3B as shown on City Engineering Drawing No. 7761 of January 6, 1964; (2) Conformance to the Final Site Plan as submitted to the City Council December 23, 1963, which indicates: (a) Building lines of 20 feet on north property line (Hatch Trailer Park), 25 feet on east property line (Rose Hill Cemetery), 30 feet on west property line (Westgate Heights), and a 20 -foot building line on both sides of proposed street, all as shown; (b) A 6 -foot solid fence on the north, east and west property lines as shown; (c) Height limitations as shown (45 feet, except 30 feet within 80 feet of Westgate Heights property line as shown); (3) Construction or agreement for construction of required improvements; and that the Special Permit for opertation of a warehouse complex be approved subject to the following conditions: (1) That off-street park- ing and off-street loading requirements be in accordance with Articles 22 and 23 respectively of the Zoning Ordinance; and (2) That all outdoor lighting be erected in such a manner as to be directed away from the existing residential areas and the adjacent cemetery. Motion by de Leon, seconded by Young and passed, with Commissioner Black - 1 mon lack-1mon voting "Nay," that the applications under discussion for "I-2" zoning be denied land in lieu a Special Permit be approved for a warehouse complex subject to the re- strictions, conditions andstipulations as just read by the City Manager, Mrs. Linnie Mills, Rose Hill Cemetery manager, objected to the proposed spur track between the cemetery line and the east line of the proposed building; • City of Corpus Christi, Texas Regular Council Meeting April 15, 1964 Page 4 was concerned as to the proper drainage; and objected to the requirement of a 6 - foot solid fence instead of an 8 -foot solid fence; and another resident in the area pointed out that in another instance, property in the area was bought, and houses built and sold, but no curbs, streets or drainage provided. Motion by Roberts, seconded by Young and passed that the foregoing motion be amended to stipulate that an 8 -foot solid fence be built on the side of the property adjacent to the Pose Hill Cemetery, and that the drainage be especially checked and approved by the Public Works Department before any permit for construc- tion is granted. Roy W. Allbritton objected to use of the subject property for a ware- house complex on the basis that it is only 30 feet from his residential property and the noise will create a nuisance and devaluate his property for residential use. Mayor Barnard announced the public hearing on the request of the South- western Oil & Refining Company for the closing of a portion of an alley within Block 5, Sunset Place, lying between Lots 1, 2 & 3 and Lots 18, 19 & 20, Block 5, Sunset Place. City Manager Whitney located the alley under consideration and the por- tion proposed to be abandoned; stated that there are no utilities located within the alley which has never been opened or used and is completely overgrown with trees, gardens, weeds, and 2 building encroachments; that none of the City depart- ments have any objection to the proposed closing; and further suggested that since the subject alley is apparently of no value as a public thoroughfare, that the en- tire length of the alley from Nueces Bay Boulevard to Floral Street be abandoned to the abutting property owners, but that a separate hearing and proper notifica- tion of property owners would be required for the remainder of the alley not de- scribed in this application. Mike Kendrick, Jr., representing the applicant, explained the proposed use of the abutting lots owned by Southwestern Oil & Refining Company and of Lot 17, not included in the subject request, for which "B-1" zoning has been applied for and approved by the Zoning & Planning Commission, and explained that they do not want to close about 3 feet of the alley behind Lot 18. No one appeared in opposition to the request. • City of Corpus Christi, Texas Regular Council Meeting April 15, 1964 Page 5 Motion by Roberts, seconded by Young and passed that the hearing be closed. Motion by Blackmon that the application be taken under advisement, and that the City proceed with the proper notices to close the rest of the alley in that block, with a view to closing the entire alley at one time. It was suggested that to consider the entire alley closing at one time might work a hardship on the company since there could possibly be objection from other property owners to the closing of the remainder portion of the alley. Commissioner Blackmon's motion died for lack of a second. Motion by Roberts, seconded by Young and passed that the request of Southwestern Oil & Refining Company for the closing of the portion of the alley within Block 5, Sunset Place, lying between Lots 1, 2 & 3 and Lots 18, 19 & 20, Block 5, Sunset Place, be approved. Mayor Barnard announced the public hearing on the request of Southwestern. Oil & Refining Company for the closing of a portion of Erwin Street lying east of the present location of Lawrence Drive. City Manager Whitney located the portion of the street proposed to be closed; explained that there are no utilities involved, that the street has never been opened and never used; pointed out the difficult traffic pattern of the Huisache, Erwin and Lawrence Drive 5 -point intersection; and that none of the City departments have any objection to the closing. Mike Kendrick, Jr., representing the applicant, was present in support of the application; and no one appeared in opposition. Motion by Roberts, seconded by Young and passed that the hearing be closed. Motion by Roberts, seconded by Maldonado and passed that the portion of Erwin Street lying east of the present location of Lawrence Drive be closed. Mayor Barnard called for the City Manager's Reports. Motion by Young, seconded by Wallace and passed that Items "a," "b," "c," and "d" of the City Manager's Reports be accepted and the recommendations and re- quests be approved and granted, as follows; a. That the award of contract for the construction of Sanitary Sewer Ex- tensions for Jackson Wood Subdivision, Unit I, to T. H. Lee in the amount of • City of Corpus Christi, Texas Regular Council Meeting April 15, 1964 Page 6 $29,267.73 be approved; and that the sum of $32,200.00 be appropriated for this project; b. That the award of contract for the construction of South Staples Re- lief Sewer Main and Lift Station to Heldenfels Brothers in the amount of $1,137,545.20, subject to final approval by the State Department of Health and U. S. Public Health Service; and that the sum of $1,174,464.00 be appropriated for this project; C. That the date of April 29, 1964, during the regular meeting be set for public hearing on the abandonment of a 30 -foot easement lying between North Naylor Circle and Old Robstown Road; d. That the date of May 6, 1964, during the regular meeting be set for public hearing on 3 zoning cases. Mayor Barnard called for a motion with regard to Item "e" of the City Manager's Reports regarding applications for 7 Interim Zoning Permits. Motion by Blackmon, seconded by Roberts and passed that the following Interim Zoning Permits be approved as follows; e. #61-20, Mrs. James C. Hall, to locate a 10' x 44' house trailer on a lot to be used as a residence on Lot 12, Block 1, Bayside Acres, 4006 Sweet Bay; #61-21, R. G. Brian, to locate a 10' x 50' mobile home for residential use on a portion of Lot 1, Block "H", Flour Bluff Estates, 349 Lakeside Drive, subject to a proper plat; #61-22, Chester C. Flaherty, to locate a 12' x 56' mobile home with wheels removed and placed on permanent foundation to be used as a residence on Lot 7, Block 11, Flour Bluff Estates #2, corner of Jane & Webb Streets; #61-23, George M. Snapp, to locate a 10 x 50° mobile home for residen- tial use on Lot 15, Block 10, Flour Bluff Estates #2, Jane & Jester Street; #61-24, D. D. Deets, to locate a house trailer on a temporary basis to be used for a residence on Lot 6, Block 1, Laguna Heights (unrecorded), 2602 Tulane Street, for a period of 12 months; #62-89, J. B. Corbett, to erect a 3' x 4' plastic free standing sign on Lot 3, Block 2, Medford Subdivision, 10639 Leopart Street #62-90, Clayton M. Lee, to erect a 50' x 50° masonry addition to the existing wholesale paint supply building on Lot "A," Lear Addition, 5501 Kostoryz. City of Corpus Christi, Texas Regular Council Meeting April 15, 1964 Page 7 ORDINANCE NO. 7195 • AUTHORIZING AND DIRECTING1'H'L CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A CONTRACT WITH T. H. T.EF FOR THE CONSTRUCTION OF SEWER EXTEN- SIONS FOR JACKSON WOODS SUBDIVISION, UNIT I, DESIGNATED AS PROJECT N0. 250-61-38.1; APPROPRIATING OUT OF NO. 250 SANITARY SEWER BOND FUND THE SUM OF $32,200.00 OF WHICH AMOUNT $29,267.73 IS FOR THE CONSTRUCTION CONTRACT AND $2,932.27 IS FOR CON- TINGENCIES, INCLUDING ENGINE;•RING, INSPECTION, LABORATORY TESTING AND LEGAL ADVER- TISING; 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 pres- ent and voting "Aye." The foregoing ordinance was passed by the following vote: Mayor Barnard, Commissioners Young, Blackmon, de Leon, Maldonado, Roberts, and Wallace all pres- ent and voting "Aye." ORDINANCE N0. 7196 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A CONTRACT AGREEMENT WITH FLATO BROTHERS, INC., IN CONNECTION W.TII THE CONSTRUCTION OF SEWER LINES TO SERVE JACKSON WOODS AREA, ALL AS MORE FULLY DESCRIBED IN 'rtin CONTRACT AGREEMENT, 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 pres- ent and voting "Aye." The foregoing ordinance was passed by the following vote: Mayor Barnard, Commissioners Young, Blackmon, de Leon, Maldonado, Roberts, and Wallace all pres- ent and voting "Aye." ORDINANCE N0. 7197 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A CONTRACT WITH HELDENFELS BROTHERS FOR THE CONSTRUCTION OF mt. SOUTH STAPLES RELIEF SEWER MAIN, UNIT I, DESIGNATED AS PROJECT N0. 250-61-21.1, SAID CONTRACT AWARD TO BE SUBJECT TO FINAL APPROVAL BY THE STATE DEPARTMENT OF HEALTH AND U. S. PUBLIC HEALTH SERVICE; APPROPRIATING OUT OF N0. 250 SANITARY SEWER BOND FUNDS THE SUM OF $1,174,464.00 OF WHICH AMOUNT $1,137.545.20 IS FOR THE CON- STRUCTION CONTRACT AND $36,918.80 IS FOR CONTINGENCIES, INCLUDING ENGINEERING, DE- TAIL INSPECTION, LABORATORY TESTING AND LEGAL ADVERTISING COSTS; 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 pres- ent and voting "Aye." The foregoing ordinance was passed by the following vote: Mayor Barnard, Commissioners Young, Blackmon, de Leon, Maldonado, Roberts, and Wallace all pres- ent and voting "Aye." • • City of Corpus Christi, Texas Regular Council Meeting April 15, 1964 Page 8 ORDINANCE NO. 7198 AUTHORIZING AND DIRECTING 111E CITY MANAGER FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO ENTER INTO A LEASE AGREEMENT WITH PITTSBURGH PLATE GLASS CHEMICAL DIVI- SION FOR A FOUR (4) ACRE TRACT OF LAND, BEING A PORTION OF LOTS EIGHT (8) AND NINE (9) OF BANCROFT-DODGE FARM LOTS, TO BE USED BY THE PARK AND RECREATION DEPARTMENT OF TELE CITY OF CORPUS CHRISTI, SAID LEASE TO BE FOR A PERIOD OF TWO (2) YEARS BE- GINNING MAY 15, 1964, AND ENDING MAY 14, 1966, AND SUBJECT TO THE TERMS AND CONDI- TIONS OF Tat LEASE AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. The Charter rule vas suspended by the following vote: Mayor Barnard, Commissioners Young, Blackmon, de Leon, Maldonado, Roberts, and Wallace all pres- ent and voting "Aye." The foregoing ordinance was passed by the following vote: Mayor Barnard, Commissioners Young, Blackmon, de Leon, Maldonado, Roberts, and Wallace all pres- ent and voting "Aye." FIRST READING OF AN ORDINANCE AMENDING SUBSECTION (a) OF SECTION 21-153 OF THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, AS TO ADD TO THE SCHEDULE OF ONE-WAY STREETS PROVISIONS FOR WEST FRONTAGE STREET (S.H. 286), EAST FRONTAGE STREET (S.H. 286), BROWNLEE BOULEVARD, EAST FRONTAGE STREET (U.S. HIGHWAY 181) AND WEST FRONT- AGE STREET (U.S. HIGHWAY 181), ALL AS MORE FULLY SET FORTH HEREINA1TEM; AMENDING SECTION 21-97 OF THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, SO AS TO PERMIT PARALLEL PARKING ONLY ON THE WEST SIDE OF WEST FRONTAGE STREET FROM LEOPARD STREET TO PORT AVENUE, ON THE EAST SIDE OF THE EAST FRONTAGE STREET FROM PORT AVENUE TO THE TEXAS -MEXICAN RAILROAD, ON THE EAST SIDE OF BROWNLEE BOULEVARD FROM THE TEXAS - MEXICAN RAILROAD TO CALDWELL STREET AND FROM HOWARD STREET TO MESTINA STREET, AND ON THE EAST SIDE OF EAST FRONTAGE STREET FROM FITZGERALD STREET TO BREWSTER STREET; AMENDING SECTION 21-155 OF THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, SO AS TO HFREAFTER FORBID THE PARKING OF VEHICLES AT ANY TIME ON THE FOLLOWING STREETS: BROWNLEE BOULEVARD FROM CALDW LL STREET TO HOWARD STREET AND FROM MESTINA STREET TO LEOPARD STREET, ON EAST FRONTAGE STREET FROM BREWSTER STREET TO THE CORPUS CHRISTI SHIP CHANNEL, ON THE WEST SIDE OF EAST FRONTAGE STREET FROM FITZGERALD STREET TO BREWSTER STREET, AND ON THE EAST SIDE OF WEST FRONTAGE STREET FROM CORPUS CHRISTI SHIP CHANNEL TO HARBOR DRIVE; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR PUBLICA- TION. 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." ORDINANCE NO. 7199 AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, A GRANT OF PRIVILEGE TO GULF COAST AVIATION FOR THE ANNUAL PAYMENT AND ADVANCE OF $240.00 FOR THE PRIVILEGE OF ERECTING AND MAINTAINING AN "ENCO" SIGN, APPROXIMATELY 33' x 28' IN SIZE, ON CITY PROPERTY AT 'Thh INTERNATIONAL AIRPORT, A COPY OF WHICH GRANT OF PRIVILEGE 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 pres- ent and voting "Aye." • City of Corpus Christi, Texas Regular Council Meeting April 15, 1964 Page 9 The foregoing ordinance was passed by the following vote; Commissioners Young, Blackmon, de Leon, Maldonado, Roberts, and Wallace all present and voting "Aye," and Mayor Barnard voting "Nay." ORDINANCE NO. 7200 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE AN AGREEMENT WITH B. B. ROYAL AND WiFh, MRS. B. B. ROYAL, TO PERMIT THE CONTINUANCE OF THE EXISTENCE OF A LOW FENCE OWNED BY SAID B. B. ROYAL AND WIFE, MRS. B. B. ROYAL, LOCATED ON THE SIDEWALK AREA OF NORTH SHORELINE BOULE- VARD ABUTTING LOT 10, BLOCK F, BROOKLYN ADDITION TO THE CITY OF CORPUS CHRISTI, ALL AS MORE FULLY DESCRIBED IN SAID AGREEMENT, 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 pres- ent and voting "Aye." The foregoing ordinance was passed by the following vote: Mayor Barnard., Commissioners Young, Blackmon, de Leon, Maldonado, Roberts, and Wallace all pres- ent and voting "Aye." FIRST READING OF AN ORDINANCE AMENDING AN ORDINANCE PASSED AND APPROVED ON £HE 11TH DAY OF JULY, 1950, BEING ORDINANCE NO. 2818, ENTITLED "CORPUS CHRISTI OIL AND GAS ORDINANCE," AND AMENDING AN ORDINANCE PASSED AND APPROVED ON 'THL 19TH DAY OF DECEMBER, 1950, BY ADDING A NEW SECTION NUMBERED SECTION 24-54A, SO AS TO PRO- VIDE FOR THE GRANTING OF PERMITS FOR THE OPERATING OF WELLS DRILLED BEFORE ANNEXA- TION AND FOR THE GRANTING OF PERMITS FOR THE REWORKING OF ANY OF SUCH WELLS; PRO- VIDING OTHER PROVISIONS RELATING TO THE OPERATION OF AND REWORKING OF WELTS DRILLED BEFORE ANNEXATION; PROVIDING WHAT CONSTITUTES VIOLATIONS AND OFFENSES UNDER THIS ORDINANCE; PROVIDING FOR PENALTTES AND FOR REVOCATION OF PERMIT; PROVIDING THAT THE INVALIDITY OF ANY PARTICULAR PROVISION OF THIS ORDINANCE SHALL NOT AFFECT THE VAL- IDITY OF THE REMAINING PROVISIONS. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Mayor Barnard, Commissioners Young, Black- mon, de Leon, Maldonado, Roberts, and Wallace all present and voting "Aye." City Attorney Singer presented and read certain suggested changes and additions with respect to the proposed Oil and Gas Ordinance amendment providing for special provisions relative to the Corpus Christi Bay and Nueces Bay, so as to include the area from Ward Island to the Naval Base in the definition of Bay Park and Recreation Area and to clarify the legal description of the Causeway area; to provide for certification of insurance in the event of cancellation or termination of insurance; and to provide for the unconditional indemnification of all governmental bodies. City of Corpus Christi, Texas Regular Council Meeting April 15, 1964 Page 10 The matter of the filing fee was discussed and it was the concensus that in view of the extra cost to the City for special inspection of operations within the scope of this proposed amendment, that a fee of $500.00 was justifiable and more realistic than the proposed $300.00 fee. Mayor Barnard suggested that the four items presented and read by City Attorney Singer, and the $500.00 filing fee be designated as Amendment #1 to the proposed Oil & Gas Ordinance amendment under discussion, and called for a motion for its adoption before the second reading. Motion by Blackmon, seconded by Young that Amendment #1 be adopted prior to the second reading of the proposed amendment to the Oil and Gas Ordinance, as follows; (1) Insert the words "within the City limits" following the word "Bay in the third line of sub -paragraph (6) on page 2; (2) In the same sub -paragraph, at the end of the seventh line, insert the words "a straight line from the north- ern end of East Shoreline Boulevard to the southern end of North Shoreline Drive, North Shoreline Drive and the northern extension thereof to the bayshore, and thence along the bayshore to the western side of the west line of the Nueces Bay Causeway, thence along a straight line extending along the western side of said west line of said Causeway to Indian Point," and delete the last two lines of said sub -paragraph (6); (3) On page 5, add to end of paragraph (2) the words "In the event of notice of cancellation or termination of such insruance the permit hold- er shall, prior to cancellation or termination, file a new certificate or certifi- cates to the same effect as those to be cancelled and upon failure to file such new certificate or certificates, the permit shall automatically terminate"; (4) On page 6, sub -paragraph (2) under sub -paragraph (h) to read as follows: "To uncon- ditionally idemnify the City of Corpus Christi, County of Nueces, State of Texas, and all other governmental bodies against, and agree to promptly pay to such gov- ernmental bodies for all property damage of every kind and nature caused to prop- erty owned by the City or such other governmental bodies that may arise because of any and all drilling, producing, or other operations, of the permittee"; and (5) to require a filing fee of $500.00. Motion by de Leon, seconded by Blackmon that Amendment #2 be adopted prior to the second reading of the proposed amendment to the Oil & Gas Ordinance, City of Corpus Christi, Texas Regular Council Meeting April 15, 1964 Page 11 as follows: That sub -paragraph (6) and paragraph (b) of Section 7 be amended by adding the following: "Provided, however, said 'Bay Park and Recreation Area' shall extend 4,1+00 feet seaward as to that portion between Buford Street extended eastward, and the south bank of the Navigation District Ship Channel." There followed a discussion among the Council with respect to the wisdom and fairness of the foregoing Amendment #2 in view of the public safety and the rights of lease holders to explore their State leases in the area. Mayor Barnard called for a roll call vote on Amendment #2. Mayor Barnard, Commissioners Young, Roberts, and Wallace voted "Nay," and Commissioners Blackmon, de Leon and Maldonado voted "Aye." Mayor Barnard declared the motion to adopt Amendment #2 had failed 4 to 3. Mayor Barnard called for a roll call vote on Amendment #1. Mayor Barnard, Commissioners Young, Blackmon, de Leon, Maldonado, Roberts, and Wallace all voted "Aye." Mayor Barnard declared the motion to adopt Amendment #1 had passed unani- mously. Mayor Barnard called for the second reading of the proposed amendment to the Oil & Gas Ordinance relative to the Corpus Christi Bay and Nueces Bay areas as just amended by Amendment #1. SECOND READING OF AN ORDINANCE AMENDING AN ORDINANCE PASSED AND APPROVED ON THE 11TH DAY OF JULY, 1950, BEING ORDINANCE NO. 2818, ENTITLED "CORPUS CHRISTI OIL AND GAS ORDINANCE, AND AMENDING AN ORDINANCE PASSED AND APPROVED ON THE 19TH DAY OF DECEMBER, 1950, BEING ORDINANCE NO. 2953, WHICH AMENDED SECTION 7 OF ORDINANCE NO. 2818, BY AMENDING SECTION 7 OF SAID CORPUS CHRISTI OIL AND GAS ORDINANCE (SECTION 24-55 CORPUS CHRISTI CITY CODE, 1958), AS AMENDED, SO AS TO PROVIDE SPECIAL PRO- VISIONS RELATIVE TO CORPUS CHRISTI BAY AND NUECES BAY; PROVIDING THAT THE REGULA- TION OF DRILLING AND OPERATING WFTJ S IN CORPUS CHRISTI BAY AND NUECES BAY SHALL BE GOVERNED ONLY THE THE PROVISIONS OF SECTION 7; DEFINING CERTAIN TERMS; PROHIBITING THE DRILLING OF ANY WFTJ IN THE BAY PARK AND RECREATION AREA; LIMITING BAY DRILL SITES IN CERTAIN STATE DRILLING TRACTS; PROHIBITING THE DRILLING OR OPERATION OF ANY WRIT. WITHOUT A PERMIT; PROVIDING FOR THE REQUIREMENTS AND CONTROLS OF APPLICA- TIONS FOR PERMIT TO DRILL AND OPERATE A WELL; PROVIDING FOR A FILING FEE TO BE PAID IN CONNECTION WITH EACH APPLICATION; PROVIDING FOR PUBLIC LIABILITY AND PROPERTY DAMAGE INSURANCE; PROVIDING FOR THE ISSUANCE OF A PERMIT BY THE CITY COUNCIL; PROVIDING THE EFFECT OF THE ACCEPTANCE BY THE PERM1'1"1'EE OF A PERMIT; PRO- VIDING FOR THE MAINTENANCE OF INSURANCE, PROVIDING INDEMNITY TO THE CITY; PRO- VIDING FOR COMPLIANCE WITH FEDERAL AND STATE LAWS AND REGULATORY BODIES; PROVIDING FOR PRECEDENT OPERATIONS AND SAFEGUARDS; PROVIDING FOR THE MAINTENANCE OF THD DRTT SITE; PROHIBITING THE INTRODUCTION OF HYDROCARBONS, CHEMICALS AND SUBSTANCES INTO THE BAY WATERS; PROHIBITING PIPE LINES W11'HIN THE BAY PARK AND RECREATION AREA; PROHIBITING THE USE OF WOODEN DERRICK AND STEAM RIG; PROHIBITING THE USE OF BUTANE, PROPANE OR LIQUIF110) PETROLEUM GAS AS FURL UNLESS PERMISSION IS OBTAINED FROM THE CITY COUNCIL; PROHIBITING THE COMPLETION OR OPERATION OF A WFTJ IN SAND WHICH NOT- WITHSTANDING A BOTTOM HOLE REGULATOR RESULTS IN SURFACE SHUT-IN PRESSURE EXCEED- ING 7,500 POUNDS; PROHIBITING PRODUCTION OF A WFTT DURING FTr,NCTRICAL STORMS AND HURRICANES; PROVIDING FOR LIMITATIONS OF FACILITIES AND EQUIPMENT AT WELL SITE AND • City of Corpus Christi, Texas Regular Council Meeting April 15, 1964 Page 12 PROHIBITING OPERATION OF TANKS AND OIL AND GAS SEPARATORS AT THE WELL SITE; PRO- VIDING FOR FENCING OR SCREENING THE WELL DRILL SITE OR 'PHB BAY DRILL SITE; PRO- VIDING FOR ACCESS AND EXAMINATION OF DATA BY CITY OFFICIALS, REPRESENTATIVES AND EMPLOYEES; PROVIDING WHAT CONSTITUTES VIOLATIONS AND Orr•i,NSES UNDER THIS ORDIN- ANCE; PROVIDING FOR PENALTIES AND FOR REVOCATION OF PERMIT; PROVIDING TNNP EFF.C.CT OF THIS ORDINANCE ON WELLS DRILLING OR COMPETED AT THE DATE OF PASSAGE OF THIS ORDINANCE; PROVIDING FOR THE NON -REPEAL OF CERTAIN OTHER ORDINANCES; PROVIDING FOR THE REPEAL OF CONFLICTING ORDINANCES; PROVIDING THAT THE INVALIDITY OF ANY PARTICULAR PROVISION OF THIS ORDINANCE SHALL NOT AFFECT THE VALIDITY OF THE RE- MAINING PROVISIONS. The foregoing ordinanc was read for the second time and passed to its third reading by the following vote: Mayor Barnard, Commissioners Young, Black- mon, de Leon, Maldonado, Roberts, and Wallace all present and voting "Aye." Gabe Garrett, president of the Corpus Christi chapter of American Association of Retired Persons, reported an incident this week in connection with their attempt to clean and paint the building in Artesian Park as custodians under the agreement with the City for their use of the building and facilities of the Park, whereby the domino players were requested to temporatily use another area for their games, and asked for a clarification with respect to the Chapter's right and charge of supervision. Mayor Barnard stated that the Council was behind the Chapter 100%, that the Council wants everyone to enjoy the park and does not think anyone has the right to exclusive use of the facilities, but that the request for the domino players to use another area under the circumstances was reasonable, and suggested that the Park & Recreation Department be directed to close the park for a few days for clean up and alterations. There being no further business to come before the Council, the meeting was adjourned.