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HomeMy WebLinkAboutMinutes City Council - 04/22/1964PRESENT: 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 April 22, 1964 2:00 p.m. City Manager Herbert W. Whitney Ass't City Att'y Wayland Pilcher City Secretary T. Ray Kring Mayor James L. Barnard called the meeting to order. The Invocation was given by the Reverend Auburn S. Neely, pastor of Wesley Methodist Church. City Secretary T. Ray Kring called the roll of those in attendance. Motion by Roberts, seconded by Maldonado and passed that the minutes of the regular meeting of April 15, 1964, at 2 p.m., and of the special meeting of the same day, at 4 p.m., be approved as furnished to the Council. Mayor Pro Tem Young announced the following nominees to the Youth Advisory Committee for the 1964-65 school year suggested by the principals of the schools involved: Roy Miller High School, Tommye Kay Fox and Bob Gunnels, the latter a reappointment; Calallen High School, Marvin Redden; Flour Bluff High School, Robert Stanley, reappointment; and Tuloso-Midway High School, Sherry Potter. Motion by de Leon, seconded by Maldonado and passed that the foregoing nominees be appointed to the Youth Advisory Committee for the 1964-65 school year. Mayor Barnard welcomed Sister Mary Brennan and a group of boys of the 8th Grade of Cathedral School, accompanied by one of the mothers and the Spanish teacher. Mayor Barnard read the following proclamations: LIBRARY DAY IN CORPUS CHRISTI, Sunday, April 26, 1964, in connection with the college and high school students' local door-to-door solicitation for funds from 1 to 4 p.m. to establish a library in memory of the late President John F. Kennedy; accepted by Abe Messarra, president of Del Mar Student Council and chairman of the Drive, and Ivan Herowitz; and CLEAN UP - PAINT UP - FIX UP MONTH in Corpus Christi, month of May, 1964. Mayor Barnard announced the opening of bids. Bids were opened and read on 2 items of Reinforced Concrete Pipe from the following: The Southern Co.; Texcrete Co.; and Mission Concrete Pipe Co. • City of Corpus Christi, Texas Regular Council Meeting April 22, 1964 Page 2 The foregoing bids were tabled for 48 hours as required by City Charter, and referred to the City Manager for tabulation and recommendation. Mayor Barnard announced the Chair was open for a motion on the pending item of the application of C. A. Simpson and Joe H. George for change of zoning from "A-1" Apartment House District to "B-4" General Business District on all of Block 1, Lots 1 through 5, Barthlome Addition, on which public hearing was held April 15, 1964, and tabled for one week. Motion by Blackmon, seconded by Young and passed, with Maldonado abstain- ing, that the recommendation of the Zoning & Planning Commission be concurred in, and the change of zoning from "A-1" to "B-4" General Business District on all of Block 1, Lots 1 through 5, Barthlome Addition, be approved as submitted. Mayor Barnard announced the Chair was open for a motion on the pending item of the application of Max C. Kluge for change of zoning from "R -1B" to "A-1" Apart- ment House District on a 2.589 -acre tract out of the southern portion of the east k of Lot 11, Bancroft Farm Lots, on which public hearing was held April 15, 1964, and tabled for one week for study in regard to streets. Motion by Blackmon, seconded by Young and passed that the recommendation of the Zoning & Planning Commission be concurred in, and the change of zoning from "R -1B" to "A-1" Apartment House District on a 2.589 -acre tract out of the southern portion of the east k of Lot 11, Bancroft Farm Lots, described in the application, be approved subject to a proper plat, and further that in this instance, the plat be submitted to and approved by the Council before final approval by the Zoning & Planning Commission. Mayor Barnard called for the City Manager's Reports. Motion by Blackmon, 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 sales contract with Corpus Christi Broadcasting Company for the purchase of a tract of land 40' x 288' on the west side of Navigation Boulevard, designated as Parcel #10 in the amount of $2,450.00 in connection with the widening and improvement of Navigation Boulevard, Highway 44 to Up River Road, be approved; and the sum of $2,517.75 be appropriated for the acquisition; • City of Corpus Christi, Texas Regular Council Meeting April 22, 1964 Page 3 b. That authority to advertise for bids to be received on May 6, 1964, on 4 items of Bare Steel Pipe be granted; c. That authority to advertise for bids to be received on May 6, 1964, on the Coating and Wrapping of 4 items of Bare Steel Pipe be granted; d, That a revocable pipeline easement to Humble Oil & Refining Company for a 6" salt water pipeline under Flour Bluff Drive in the Flour Bluff area to dispose of salt water in connection with their drilling operation at the Naval Air Base be approved; e. That the bid of Slovak Brothers, the only bid received on the construc- tion of a Spray Pool in Elgin Park, be rejected on the basis of exceeding the estimate; and that the Park Division be authorized to construct the Spray Pool by City Forces by Force Account, with the concrete work and plumbing being performed by. subcontracting. In connection with the second reading of an ordinance amending the Oil and Gas Ordinance with respect to the operation and reworking of wells drilled before annexation, James Wells complained of the continuous noise of the drilling opera- tion which he stated was about l mile from his residence, with particular reference to the use of the bull horn for contacting men at other drilling operations, and asked if there was any provision for abatement of this nuisance in the ordinance. It was explained that excessive noise or noise not ordinary and usual to the drill- ing of a well could probably be controlled by the general ordinance on the abate- ment of noise nuisance, and City Manager Whitney suggested that he would talk to the operators of this well and see if Mr. Wells' complaint could be handled in this manner. 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, BY ADDING A NEW SECTION NUMBERED SECTION 24-54A, SO AS TO PROVIDE FOR THE GRANTING OF PERMITS FOR THE OPERATING OF WELLS DRILLED BEFORE ANNEXATION AND FOR THE GRANTING OF PERMITS FOR THE REWORKING OF ANY OF SUCH WELLS; PROVIDING OTHER PROVISIONS RELATING TO THE OPERATION OF AND REWORKING OF WELLS DRILLED BEFORE ANNEXATION; PROVIDING WHAT CONSTITUTES VIOLATIONS AND OFFENSES UNDER THIS ORDINANCE; PROVIDING FOR PENALTIES AND FOR REVOCATION OF PERMIT; PRO- VIDING THAT THE INVALIDITY OF ANY PARTICULAR PROVISION OF THIS ORDINANCE SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PROVISIONS. City of Corpus Christi, Texas Regular Council Meeting April 22, 1964 Page 4 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, preeent and voting "Aye". The third reading of an ordinance amending the Oil and Gas Ordinance rela- tive to Corpus Christi Bay and Nueces Bay was temporarily deferred. ORDINANCE NO. 7202 APPROPRIATING OUT OF NO. 295 STORM SEWER BOND FUND THE SUM OF $2,517.75 OF WHICH AMOUNT $2,450.00 IS FOR THE PURCHASE PRICE OF PARCEL NO. 10 AND $67.75 IS FOR TITLE EXPENSE AND RELATED COSTS THERETO, SAID PARCEL BEING MORE FULLY DESCRIBED HEREINAFTER, APPLICABLE TO PROJECT NO. 295-61-30, NAVIGATION BOULEVARD - HIGHWAY 44 TO UP RIVER ROAD; AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE REAL ESTATE SALES CONTRACT FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI FOR THE ACQUISITION OF THE ABOVE DESCRIBED PARCEL OF LAND; 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. 7203 THIRD READING OF AN ORDINANCE GRANTING A FRANCHISE TO SOUTHWESTERN OIL & REFIN- ING COMPANY TO LAY, CONSTRUCT, OPERATE, MAINTAIN, REPAIR AND REMOVE CERTAIN PIPELINES WITHIN SPECIFICALLY DESIGNATED LOCATIONS BENEATH AND EXTENDING ACROSS WEST BROADWAY STREET AND NORTH PORT AVENUE, FOR THE TRANSPORTATION OF PETROLEUM PRODUCTS AND TU'UyE SUFFICIENT PORTIONS OF THE RIGHT OF WAY OF SAID STREETS AS IS NECESSARY FOR THE LAYING OF SAID PIPELINES; PROVIDING FOR THE FILING OF PLANS AND SPECIFICATIONS AND OBTAINING OF PERMITS FROM THE DIRECTOR OF PUBLIC WORKS FOR CONSTRUCTION WITHIN THE SAID RIGHT OF WAY; PROVIDING THAT THE USE OF SUCH RIGHT OF WAY UNDER SUCH FRANCHISE SHALL BE IN SUCH MANNER AND IN SUCH PLACES AS NOT TO INTERFERE WITH THE USE OF SAID STREETS BY THE CITY OR THE INHABITANTS THEREOF; PROVIDING FOR THE FORFEITURE OF THE FRANCHISE IN CASE OF FAILURE ON THE PART OF GRANTEE TO OBSERVE TERMS AND RESTRICTIONS CONTAINED IN SAID FRANCHISE AND THIS ORDINANCE; PROVIDING FOR PUBLICATION AND SETTING FORTH OTHER PROVISIONS PERTAINING TO THIS FRANCHISE. 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 and voting "Aye". ORDINANCE NO. 7204 AUTHORIZING THE CITY MANAGER TO EXECUTE, FOR AND ON BEHALF OF THE CITY.OF CORPUS CHRISTI, A REVOCABLE EASEMENT TO CROSS UNDER FLOUR BLUFF DRIVE WITH ONE (1) 6" SALT WATER PIPELINE,PROVIDING THE TERMS OF SUCH EASEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. • City of Corpus Christi, Texas Regular Council Meeting April 22, 1964 Page 5 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 AMENDING SUBSECTION (a) OF SECTION 21-153 OF THE CORPUS CHRISTI CITY CODE, 1958, AS A74ENDED, AS TO ADD TO THE SCHEDULE OF ONE-WAY STREETS PROVISIONS FOR WEST FRONTAGE STREET (S.H. 286), EAST FRONTAGE STREET (S.11 -2S6) BROWNrcr. uevn.vvARD, EAST FRONTAGE STREET (U.S. HIGHWAY 181), AND WEST FRONTAGE STREET (U.S. HIGHWAY 181), ALL AS MORE FULLY SET FORTH HEREINAFTER; 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 HEREAFTER FORBID THE PARKING OF VEHICLES AT ANY ON THE FOLLOWING STREETS: BROWNLEE BOULEVARD FROM CALDWELL 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 PUBLICATION. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Mayor Barnard, Commissioner Young, Blackmon, de Leon, Maldonado, Roberts and, Wallace, present and voting "Aye". ORDINANCE NO. 7205 CLOSING THAT PORTION OF ERWIN STREET LYING EAST OF THE PRESENT LOCATION OF LAWRENCE DRIVE AND SOUTH OF THE PRESENT CITY LIMITS OF THE CITY OF CORPUS CHRISTI, TEXAS, AS SHOWN BY MAP AND PLAT THEREOF RECORDED IN VOLUME 18, PAGE 50 OF THE MAP RECORDS OF NUECES COUNTY, TEXAS, WHICH PORTION HEREBY CLOSED IS DESCRIBED HEREIN; AND DECLAR- ING AN EMERGENCY. The Charter rule was suspended by the following vote: Mayor Barnard, Commissioners Young, Blackmon, de Leon, Maldonado, Roerts 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, 7206 CLOSING A PORTION OF AN ALLEY WITHIN BLOCK 5, SUNSET PLACE, LYING BETWEEN LOTS 1, 2 AND 3, AND LOTS 18, 19, AND 20, BLOCK 5, SUNSET PLACE, AS SHOWN BY MAP AND PLAT THEREOF RECORDED IN VOLUME 4, PAGE 25, OF THE MAP RECORDS OF NUECES COUNTY, TEXAS, WHICH PORTION CLOSED IS DESCRIBED HEREIN; AND DECLARING AN EMERGENCY. • • City of Corpus Christi, Texas Regular Council Meeting April 22, 1964 Page 6 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. 7207 CLOSING OF A PORTION OF RAILROAD AVENUE, DESCRIBED AS THAT 80.74 -FOOT PORTION OF RAILROAD AVENUE ABUTTING LOTS 1 AND 2, BLOCK 6, AND THE WEST 30 FEET OF TWENTIE''ffi STREET BETWEEN BLOCKS 5 AND 6, PATRICK WEBB ADDITION, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY,TEXAS, SUBJECT TO THE RETENTION BY THE CITY OF A 10 -FOOT WIDE UTILITY EASEMENT IN TWENTIETH STREET FROM LAREDO STREET TO THE NORTH RIGHT OF WAY LINE OF RAILROAD AVENUE AND EXCEPTING ANY AREA TRANSVERSED BY A RAILROAD SPUR TRACK, AND THAT SUCH STRIP BE DECLARED A FIRE LANE WITH NO PARKING PERMITTED AT ANY TIME; 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". Mayor Barnard called for any proposed amendments to be considered prior to the third reading of the ordinance amending the Oil A Gas Ordinance with respect to special provisions relative to Corpus Christi Bay and Nueces Bay. City Manager Whitney presented and read as Amendment #1, the following: That Subsection 0, be amended to read as follows: "In addition to the penalties herein provided for violation of the terms of this ordinance, the City shall have the right to proceed by injunction, or any other special proceeding provided by law, to enforce the provisions of this ordinance and to prevent violation of the terms of this ordinance, and to protect the public from potential injury under the police power of the City and its power to prevent and abate nuisances." Motion by Young, seconded by Wallace that Amendment #1 be accepted as presented. City Manager Whitney presented and read as Amendment #2, the following: That sub -paragraph (6) of Paragraph (b) of Section 7 be amended to read in its entirety, as follows: "The words 'Bay Park and Recreation Area' shall mean that • City of Corpus Christi, Texas Regular Council Meeting April 22, 1964 Page 7 portion of water, land, and submerged land in Corpus Christi Bay that exists with- in a shore line zone extending from the U.S. Naval Air Station on the southeast to Indian Point on the northwest and being more specifically described as all that portion of water, land and submerged land in Corpus Christi Bay that lies between the shoreline of said bay and the following described line which is approximately 1224 varas (3400 feet) from the centerline of Ocean Drive or Shoreline Drive, to -wit: Beginning at a point in the line common to State Tract 79 and the Restricted Area adjacent to the U. S. Naval Air Station as shown on 'Map of Corpus Christi Bay in Nueces County showing subdivision for Mineral Development' issued by General Land Office, May 5, 1950, the Lambert Grid Coordinates (Texas South Zone) of said point being X = 861632.7 and Y = 268634.4; Thence N. 75° 29' 01" W. 2730.44 varas to a point on the line common to State Tracts 67 and 79 the coordinates of which are X = 858989.43 and Y : 269318.80; said point being on the East boundary line of the City Limits of Corpus Christi as set out in call No. 77 of the Corpus Christi Annexation Ordinance No. 6636. Thence N 690 07' 26" W. 2082.19 varas to a point on the line common to State Tracts 77 and 78, X = 857043.93 and Y = 270060.78; Thence N. 65° 30' 47" W. 2029.06 varas to a point or. the line common to State Tracts 76 and 77, X Thence N. 56° 54' State Tracts 75 and 76, X Thence N. 440 25' State Tracts 74 and 75, X Thence N. 18° 43' • 855,197.37 and Y = 270,901.80; 51" W. 1,942.43 varas to a point on the Line common to • 853,569.90 and Y 271,962.16; 40" W. 1,900.91 varas to a point on the line common to • 852,239.25 and Y = 273,319.66; 02" W. 2,120.54 varas to a point on the line common to State Tracts 73 and 74, X = 851,558.77 Thence N. 42° 37' 15" W. 1,902. and Y = 275,328.05; 45 varas to a point in State Tract 72A on a projection of the line common to State Tracts 60 and 61, X : 850,270.54 and Y 276,727.97; Thence N. 11° 20' 31" W. 937.48 varas to a point in State Tract 72A on a projection of the line common. to State Tracts 72 and 73, X : 850,086,17 and Y 277,647.14; i • City of Corpus Christi, Texas Regular Council Meeting April 22, 1964 Page 8 Thence N. 8° 13' 08" E. 1873.40 varas to a point in State Tract 59A on a projection of the line common to State Tracts 59 and 60, X = 850,353.89 and Y = 279,501.04; Thence N. 70 27' 43" W. 656.05 varas to a point in State Tract 59A on a projection of the line common to State Tracts 60 and 72, X = 850,268.69 and Y = 280,151.53; Thence N. 15° 48' 15" 8, 2176,78 varas to a point on the Southwest line of State Tract 58, X : 850,861.54 and Y = 282,246.02; Thence N. 29° 48' 24" E, 1,223,37 varas to a point on the Northwest line of State Tract 58, X = 851,469.65 and Y = 283,307.55; Thence N. 49° 19' 59" E, 2,628.43 varas to a point on the line common to State Tracts 40 and 43, X = 853,463.34. and Y _ 285,020.40, Thence N. 53° 56' 18" E, 1,924.33 varas to a point on the line common to State Tracts 26 and 40, X = 855,018.94 and Y = 286,153.17; Thence N. 450 01' 50" W. 500 varas on the line common to State Tracts 40 and 26 to the most easterly corner of State Tract No. 41, X : 854,665.19 and Y = 286,506.53. This point being common to call number 65 in City of Corpus Christi Annexation Ordinance No. 6636. (Note Coordinates are in varas)" Motion by Wallace, seconded by Roberts that Amendment #2 be accepted as presented. Motion by de Leon, seconded by Maldonado that Amendment #3 be adopted prior to the third reading of the proposed amendment to the Oil & Gas Ordinance, as follows; £hat sub -paragraph (6) of paragraph (b) of Section 7 be amended by adding the followings"Provided, however, said 'Bay Park and Recreation Area' shall extend 3900 feet seaward as to that portion between Buford Street extended eastward, and the south bank of the Navigation District Ship Channel." Mayor Barnard announced the Chair was open for discussion on each of the 3 proposed amendments, and pointed out that if Amendment #3 was approved, then Lambert Grid Coordinates contained in Amendment #2 would be altered to comply with the 3900 -foot figure. Commissioner Blackmon stated that he was in favor of Amendment #3 for the reason that he believes the 3400 -foot mark as proposed represents a compromise on City of Corpus Christi, Texas Regular Council Meeting April 22, 1964 Page 9 the part of the Oil & Gas Wells Commission rather than a distance determined with scientific accuracy, and that in the interest of public safety and of keeping our beautiful bayfront as beautiful as possible, he was in favor of it. Commissioner Wallace asked that the minutes reflect he was opposed to Amend- ment #3 on the same grounds that he opposed a similar amendment at the last meeting. James Wells spoke in opposition to the entire ordinance under consideration on the basis that the men on the Council are not competent to decide the boundaries of the restricted area; that they did not have the advise of an architect who builds cities all over the world; that the oil company was well aware of the terms of our Oil & Gas ordinance when they acquired these leases from the State; that he thinks the ordinance is a result of pressure by the oil company in order to realize a return on their speculation; and that the matter should be submitted to the voters to see if they approve the line being moved. Commissioner Roberts stated that the Council had been advised in these matters by some of the most competent, informed and qualified people available; that he has no apologies for the decision he makes; and that it is not in any way the result of any pressure by anybody or commitment to anybody. Gilbert Wright, representative of Forrest Oil Company, felt the matter has been thoroughly studied by competent authorities, has been reviewed and studied' by the Bayfront Advisory Board and the Park & Recreation Board, as well as by the Oil & Gas Wells Commission, and that the 3400 -foot distance was set with a great deal of reflection and study, and that the company approves of use of the Lambert Grid Coordinates to insure accuracy and uniform surveying. Mayor Barnard stated that he had weighed the matter very thoroughly, that he is as concerned as anyone in the community for the preservation of the beauty of our bayfront, but that the Council, as the elected representatives of the City, must also be concerned with providing a favorable climate for business and industry so that the citizens will have an opportunity to work here as well as enjoy the recreational and beautiful aspects of the City. Mayor Pro Tem Young felt there is a good and sufficient reason for select- ing the 3400 -foot mark, and that it is not a question of safety factor. • • City of Corpus Christie Texas Regular Council Meeting April 22, 1964 Page 10 Commissioner de Leon restated his reasons for extending the 3400 -foot line seaward from Buford to the Ship Channel to at least 3900 feet and Commissioner Maldonado supported his stand. Mayor Barnard called for a roll call vote on Amendment #3. Mayor Barnard, Mayor Pro Tem Young, Commissioners Roberts and Wallace voted "Nay," and Commissioners Blackmon, de Leon and Maldonado voted "Aye." Mayor Barnard declared that the motion to adopt Amendment #3 had failed 4 to 3. Mayor Barnard called for a roll call vote on Amendment #2. Mayor Barnard, Mayor Pro Tem Young, Commissioners Blackmon, de Leon, Maldonado, Roberts and Wallace all voted "Aye." Mayor Barnard declared that the motion to adopt Amendment #2 had passed unanimously. Mayor Barnard called for a roll call vote on Amendment #1. Mayor Barnard, Mayor Pro Tem Young, Commissioners Blackmon, de Leon, Maldonado, Roberts and Wallace all voted "Aye," Mayor Barnard declared that the motion to adopt Amendment #1 had passed unanimously. Commissioner Blackmon stated that he had made a fair effort to compromise on the drilling line as he felt our experts had done; that he was not in sympathy with Forrest Oil Company because they are in the business and knew of the drilling restrictions of our ordinance at the time they acquired the leases involved; that he is afraid that in the event that Forrest Oil Company is successful in their drilling operation by moving this line in, we will live to see our Bayfront ruined by one of our best industries; that he is convinced that once the line is moved in this far, the Courts will not allow it to be moved farther out; and that for these reasons he will vote against the passage of the ordinance. Commissioner de Leon stated that he had been hoping that he could feel justified in voting for the ordinance, but that he feels so strongly about the safety factor in the particular area between Buford and the Ship Channel, that he will vote against the passage of the ordinance also. Mayor Barnard called for the ordinance as amended by Amendment #1 and Amendment #2. City of Corpus Christi, Texas Regular Council Meeting April 22, 1964 Page 11 ORDINANCE NO. 7201 • AMENDING AN ORDINANCE PASSED AND APPROVED ON THE 1118 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. 2815, BY AMENDING SECTION 7 OF SAID CORPUS CHRISTI OIL AND GAS ORDINANCE (SECTION 24-55 GORPUS CHRISTI CITY CODE, 1958), AS AMENDED, SO AS TO PROVIDE SPECIAL PROVISIONS RELATIVE TO CORPUS CHRISTI BAY AND NUECES BAY; PROVIDING THAT THE REGULATION OF DRILLING AND OPERATING. WELLS IN CORPUS CHRISTI BAY AND NUECES BAY SHALL BE GOVERNED ONLY BY THE PROVISIONS OF SECTION 7; DEFINING CERTAIN TERMS; PROHIBITING THE DRILLING OF ANY WELL EN THE BAY PARK AND RECREATION AREA; LIMITING. PAY DRILL SITES IN CERTAIN STATE DRILLING TRACTS; PROHIBITING THE DRILLING OR OPERATION OF ANY WELL WITHOUT A PERMIT; PROVIDING FOR THE REQUIREMENTS AND CONTROLS OF APPLICATIONS FOR PERMIT 10 DRILL AND. OPERAIE A WELL; PROVIDING FOR A FILING FEE TO 3E PAID IN CONNECTION WITH EACH APPLICATION; PROVIDING FOR PUBLIC LIABILITY AND PROPERTY DAMAGE INSURANCE; PROVIDING FOR THE ISSUANCE OY A PERMIT 3Y TEE C:27 COUML; PROVIDING THE EFFECT OF THE ACCEPTANCE BY THE PERMITTEE OF A PERMIT; PROVIDING FOR THE MAINTENANCE OF INSURANCE, PROVIDING INDEMNITY TO IEE CITY; PROVIDING FOR COMXLIANCE WITH FEDERAL AND STATE, LAWS AND REGULATORY BODIES; PROVIDING FOR PRECEDENT OPERATIONS AND SAFEGUARDS; PROVIDING FOR THE MAINTENANCE OF THE DRILL SITE; PROH/BITINT THE INTRODUCTION OF HYDROCARBONS, CHEMICALS AND SUBSTANCES INTO THE BAT WATERS; PROHTBITING PIPE LINES WITHIN THE BAY PARK AND RECREATION AREA; PROHIBITING THE USE OF WOODEN DERRICK AND STEAM RIG; PROHIBITING THE USE OF BUTANE, TROPANE OR LIQUEFIED PETROLEUM GAS AS FUEL UNLESS PERMISSION IS OBTAINED FROM THE CITY COUNCIL; 110HIEITING SNE COMPLETION OR OPERA- TION OF A WELL IN SAND WHICH NOTWITHSTANDING A BOTTOM HOLE REGULATOR RESULTS IN SURFACE SHUT-IN PRESSURE EXCEEDING 7500 POUNDS, PROHIE/TING PRGDUCTION OF A WELL DURING ELECTRICAL STORMS AND HURRICANES; PROVIDING FOR LIMITATIONS OF FACILITIES AND EQUIPMENT AT WELL SITE AND PROHIBITING OPERATION OF TANKS AND OIL AND GAS SEPARATORS AT THE WELL SITE; PROVIDING FOR FENCING OR SCREENING THE WELL DRILL SITE OR THE BAY DRILL SITE; PROVIDING FOR ACCESS AND EXAMINATION OF DATA BY CITY OFFICIALS, REPRESENTATIVES AND EMPLOYEES; PROVIDING WHAT CONSTITUTES VIOLATIONS AND OFFENSES UNDER THIS ORDINANCE; PRCVIDING FOR PENALTIES AND FOR REVOCATION OF PER- MIT; PROVIDING THE EFFECT OF THIS ORDINANTE ON WELLS DRILLING OR COMPLETED Al' 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 REMAINING PROVISIONS. The foregoing ordinance was read for the third time and passed finally by the following vote Mayor Barnard, 00mmissio2er1 'Fong, Roberts and Wallace present and. voting ”Aye", Commissioners Blackmon, de Leon and Maldonado present and voting "Nay". Mayor Barnard declared the foregoing ordinanze passeth There being no further b,einems to come before the Council, the meeting was adjourned.