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HomeMy WebLinkAboutMinutes City Council - 06/03/1964• 740 PRESENT 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 C1 CORPUS CHRISTI, TEXAS REGULAR COUNCIL, MEETING June 3, 1964 200 p.m. City Manager Herbert IC Whitney City Attorney Io Mo Singer City Secretary To Ray Kring Mayor James L. Barnard called the meeting to order. The Invocation was given by the Reverend Lin Loeffler, Pastor of Oak Park Methodist Church. City Secretary T. Ray Rring called the roll of those in attendance. Motion by de Leon, seconded by Young and passed that the minutes of the regular meeting of May 27, 1964, at 2 p.m., and of the special meeting of the same day at 8 a.m., be approved as furnished to the Council. Mayor Barnard announced the opening of bids. Bide were opened and read on the construction of a Parking Facility beneath the Crosstown Expressway between Agnes and Laredo Streets from the following: Heldenfels Brothers; Slovak Brothers; H. D. Zachry Construction Co.; South Texas Construction Co.; and Paul King. Bids were opened and read oa 60 - 8° to 12° Washingtonia Filifera Palm Trees from the following: Jackson Nursery; The Garden Center; Currie Seed Co.; and American Nursery° All of the foregoing bids were tabled for 48 hours as required by City Charter, and referred to the City Manager for tabulation and recommendation. Mayor Pro Tem Young nominated the following to the Youth Advisory Council for the 1964-65 school year, as recomended by Dean Jean Richardson of Del Mar College: Buddy Whittle and. Nancy Knott. There were no other nominations„ and the appointment of Buddy Whittle and Nancy Knott of Del Mar College to the Youth Advisory Council for the 1964-65 school year was unanimously approved. Commissioner de Leon nominated Herbert Alexander for appointment to the Board of Adjustment in an alternate capacity. There were no further nominations, and the appointment of Herbert Alexander as alternate to the Board of Adjustment was unanimously approved. City of Corpus Christi, Texas Regular Council Meeting June 3, 1964 Page 2 Mayor Barnard announced the pending item of the application of Humble Oil & Refining Compagy for a permit to drill and operate a well upon Corpus Christi Drilling Biock No. 1534, being a regular 6820' budgeted Flour Bluff Field well, in Lot 3, Block 41 of the Flour Bluff & Encinal Subdivision, Nueces County, Texas, Lease #56015, the objective (center of a 100° diameter circle at 6676' T.V.D.) is located 380' northeast of the southwest line of the lease and 1486' northwest of R. G. Chapman #l, on whi :h public hearing was held May 6, 1964; and pointed out that the application was referred to the Oil & Coe Wells Commission relative to certain points of the lease, and that the Commi.esion°e recommendation was that the permit be granted, In answer to questions of the Council City Manager Whitney, City Secretary Kring, and City Attorney Singer pointed out that the existing ordinance makes no provision for directional drilling; that amendment to the existing ordinance re- lative to directional drilling has been suggested; that it has been advised that the Council should not create a liability where none exists under law; that it is the responsibility of the title company in a change of ownership of the land to recite in the title policy any existing leases or subsurface rights; and that the title policy for the property in question does point cut that the property is subject to the lease in question, and therefore, the purchaser of the property did have notice of it. Motion by Young, seconded by Wallace and passed that the permit to drill and operate a well in Lot 3, Block 41 of the Flour Bluff & Encinal Subdivision, be granted as applied for by Humble Oil & Refining Company. Mayor Barnard announced the public hearing on the application of Rose & Wells Well Servicing Company for a permit to drill a well in Section 13, Flour Bluff & Encinal Farm & Garden Tracts. City Manager Whitney presented a map shying the area and the location of the proposed well on the subject property; and explained that it is proposed as a straight hole and no variances are requested; and that the Public Works pepartment reports that the location complies with the clearance requirements of the Code, and is located in the proposed Drilling Biock 1177. City of Corpus Christi, Texas Regular Council Meeting June 3, 1964 Page 3 Jack Jarmon, attorney representing the applicant, appeared in support of the application; and explained that the well in proposed to be a straight hole with 3 degree tolerance to a depth of 75009 or less, and -that the surface owners are also the owners of the mineral rights. Mayor Barnard excused himself from the meeting temporarily, and Mayor Pro Tem Young assumed the Chair. No one else appeared in connection with this application. In answer to a question from the Council, Mr. Jarmon stated that the property as surveyed is 40.16 acres and his client has no objection to this be- ing designated as the drilling block. Motion by Roberta, seconded by Blackmon and passed that the hearing be closed. Mayor Barnard returned to the meeting and resumed the Chair. Motion by Wallace, seconded by Roberts and passed that the permit to drill be granted to Rose & Wells Well Servicing Company as applied for. Mayor Barnard called for the City Manager's Reports. Motion by Blackmon, seconded by Maldonado and passed that the City Manager's Reports and recommendations be accepted, as followse a. That authority to advertise for bids to be received on June 17, 1964, on 21 items of Weld Fittings for the Gas Division, be granted; b. That relative to the request of the University of Corpus Christi for a water line replacement to serve the campus area, the report on the estimated cost to construct a 10" water line extension from Alameda Junction to Ocean Drive, a distance of approximately 2,650',to channel and lower the line to sufficient depth, and to cap at one end and install meters at the other end, at a total estimated cost of $17,000.00, be accepted; c. That permission for Assistant City Manager R. Marvin Townsend and City Manager Herbert W. Whitney to be absent from the City to attend the Annual Conference of Texas City Managers Association in Odessa, Texas, on June 7, 8, and 9, 1964, be granted; and that I. M. Singer be appointed Acting City Manager during their absence. City of Corpus Christi, Texas Regular Council Meeting June 3, 1964 Page 4 ORDINANCE NO. 7249 AMENDING THE ZONING ORDINANCE OF 1°tom 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, PARTICU- LARLY 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 A 155'X 100' TRACT OUT OF THE NORTHEAST PORTION OF THE WEST ONE-HALF OF THE SOUTHEAST ONE- HALF OF LOT 2 OF THE BYRON WILLIS SUBDIVISION IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "B-1" NEIGHBORHOOD BUSINESS DISTRICT TO "1-2" LIGHT INDUSTRIAL DISTRICT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF 'Thb EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DE- CLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Mayor Barnard, Commissioners Young, Blackmon, de Leon, Maldonado, Roberts and Wallace, 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". THE STATE OF TEXAS COUNTY OF NUECES• CITY OF CORPUS CHRISTI : On this 3rd day of June, 1964, the City Council of the City of Corpus Christi, Texas, convened in regular meeting, with the following members of said Council present, to -wit: Dr. James L. Barnard, Mayor; Commissioners Jim Young, Jack R. Blackmon, J. R. de Leon, M. P. Maldonado, We J. Roberts, W. H.:Wallace, Jr., T. Ray Kring, City Secretary, with the following absent: None, constituting a Quorum, at which time the following among other business was transacted; Dr. James L. Barnard, Mayor, presented for the consideration of the Council an ordinance. The ordinance was read by the City Secretary. The Mayor presented to the Council a communication in writing pertaining to said proposed ordinance, as follows: "Corpus Christi, Texas, June 3, 1964. TO THE CITY COUNCIL, Corpus Christi, Texas Gentlemen: The public importance and pressing need for the permanent improvements to be constructed by use of the proceeds of the bonds contemplated to be voted pur- suant to said ordinance and the need for assuming the bonds of Nueces County Water Control and Improvement District No. 2 (Flour Bluff) create an emergency and an imperative public necessity requiring the suspension of rules and Charter City of Corpus Christi, Texas Regular Council Meeting June 3, 1964 Page 5 provisions requiring ordinances to be considered and voted upon at three regular meetings. I, therefore, request that the City Council pass the proposed ordinance calling an election for the issuance of said bonds as an emergency measure. You will please consider this request in connection with the ordinance which has been introduced in the City Council on this subject. Yours Very truly, /s/ J. L. Barnard James L. Barnard Mayor." Commissioner Roberts made a motion that the Charter provision prohibiting ordinances from being passed finally on the date introduced be suspended for the reasons stated in the written request of the Mayor and stated in the emergency clause of the ordinance. The motion was seconded by Commissioner de Leon. The motion was carried by the following vote: Wallace. done. AYES: Commissioners Young, Blackmon, de Leon, Maldonado, Roberts and NAYS: None. The Mayor requested that the records show that he voted Aye. This was Commissioner Blackmon made a motion that the ordinance be passed finally. The motion was seconded by Commissioner Wallace. The motion was carried by the following vote: Wallace. done. AYES: Commissioners Young, Blackmon, de Leon, Maldonado, Roberts and NAYS: None. The Mayor requested that the records show that he voted Aye. This was The Mayor announced that the ordinance had been passed. The ordinance is as follows: ORDINANCE NO. 7250 BY THE CITY COUNCIL OF ihh CITY OF CORPUS CHRISTI, TEXAS, CALLING AN ELFCTION ON THE QUESTION OF THE ISSUANCE OF THE FOLLOWING BONDS: $750,000 PARK BONDS FOR SOUTH BEACH IMPROVEMENTS; $550,000 PARK BONDS FOR CORPUS CHRISTI BEACH IMPROVE- MENTS; $Eloo,000 PARK BONDS FOR GENERAL PARK IMPROVEMENTS; $200,000 FIRE STATION BONDS; $300,000 EQUIPMENT AND STREET MAINTENANCE YARD AND BUILDING BONDS; $500,000 POLICE BUILDING BONDS; $130,000 COLISEUM BONDS: $500,000 MUSEUM BONDS; $200,000 LIBRARY BONDS; $1,500,000 SANITARY SEWER IMPROVEMFNm BONDS: $1.96o.n00 STREW IM- PROVEMENT BONDS; $750,000 MIDTOWN TRAFFIC INTERCHANGE BONDS; $1,360,000 STORM DRAINAGE BONDS; $1,000,000 GAS SYSTEM REVENUE BONDS; AND ASSUMPTION OF $507,000 OF BONDS OF WATER DISTRICT. NO. 2 (FLOUR BLUFF); AND DECLARING AN EMERGENCY. City of Corpus Christi, Texas Regular Council Meeting June 3, 1964 Page 6 ORDINANCE NO. 7257E 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 SECTION 33-3 TO PROVIDE FOR INCREASE IN FILING FEES AS SET FORTH IN SUBSECTIONS 33-3001, 33-3=02 AND 33-3J33, HEREINITERR DESCRIBED; REPEAL- ING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following votes Mayor Barnard; Com- missioners 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. 7252 CHANGING THE. NAME OF AVENUE "B" TO GULFBREEZE AVENUE AND THAT PORTION OF AVENUE "C" LYING BETWEEN PLUM STREET AND BREAKWATER AVENUE, TO WEST SURFSIDE BOULEVARD, BOTH STREETS BEING SITUATED IN BROOKLYN ADDITION, CORPUS CHRISTI BEACH, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS; 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 follow ng vote Mayor Barnard, Commissioners Young, Blackmon, de Leon, Maldonado, Roberts and Wallace, present and voting "Aye". ORDINANCE NO. 7253 AUTHORIZING AND DIRECTING THE CITE' MANAGER TO EXECUTE, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, A CONTRACT FOR DAPROVEMENT OF A PROPOSED STREET IN OCEAN DRIVE ADDITION, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, WITH HOWARD WALKER AND WIFE, ETHEL S. WALKER, RENEWING AND EXTENDING A MECHANIC'S AND MATERIALMAN'S LIEN GRANTED TO THE CITY OF CORPUS =USTI BY WOODY CRAWFORD AND WIFE, DOROTHY CRAWFORD, WHICH IS HEREBY RELEASED, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMGENCY% 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 rolowing vote: Mayor Barnard, Commissioners Young, Blackmon, de Leon, Maldonado, Roberts and Wallace, present and voting "Aye",, City of Corpus Christi, Texas Regular Council Meeting June 3, 1964 Page 7 Mrs, William Liles, president of the League of Women Voters; read the following statement Im connection with the recent granting by the Board of Adjustment of a permit for the Ramada Inn sign which is at variance with "B-2" Bayfront Business District regulations, the League of Women Voters at its meeting today went on record as expressing disapproval of this and any other such action by said Board. There is a noticeable absence of proof of unnecessary hardship. It is the opinion of the League of Women Voters that such actions in granting signs at variance with said regulation are definitely contrary to the public interest. Unless unnecessary hardship is proven, the Board of Adjustment has exceeded its statutory authority and we request and urge you to take the appropriate action to stop these unwarranted variances. (petition #9) Mrs. Liles read the section of the ordinance which the League feels is being violated, to the effect that the purpose of the Board°s authority to grant any variance is only for reasons of de- monstrable and exceptional hardship as distinguished from variations sought by applicants for purposes or reasons of convenience, profit, or caprice. Mayor Barnard received the petition and commended the League for its civic participation and considered interest in these matters; and explained that the City Council has no power or authority over the Board of Adjustment other than to appoint its members, as it is a State constituted Board; that it has been an established policy of the Council that it will not take any of its own Boards to Court; and that the members of any board are not interrogated by the Council prior to their appointment as to their views, but that the Council attempts to appoint to its boards and committees a cross-section of citizens of intelligence, good judgment, and integrity; and that the Council was confident that the Board of Adjustment has acted within their legal authority. The matter was discussed at length, and it was pointed out that there has been public opinion expressed on both sides of the Bayfront sign question, that they cannot be called illegal unless so determined by the Courts, and that even a Court would rule only on the sign in question, not on all signs on the the Bayfront. Commissioner Wallace suggested that the ordinance with respect to signs be reviewed by the Zoning & Planning Commission and the Bayfrbnt Advisory Board with a view to City of Corpus Christi, Texas Regular Council Meeting June 3, 1964 Page 8 restricting the size of all signs on the bayfront in particular, and to requiring a public hearing before the City Council on all applications for variances in the matter of signs, rather than having application made to the Board of Adjustment. He further suggested that the League of Women Voters could be very influential in arousing public opinion in accordance with their views, which might be the solution to the problem in that if public opinion demands it, both existing signs and future signs on the bayfront could be restricted to a certain size. Mayor Pro Tem Young pointed out that not only the size of the signs, but whether or not they are illum- inated, flashing, revolving, or advertising or identification signs must also be considered. The Council stressed the fact that its comments in this matter were in no way intended to impune the integrity of any member of the Board of Adjustment, but are an expression of opinion that in matters of variances from sign regulations on the Bayfront properties, the desires and interests of the citizens can beat be served if these matters are handled by the City Council at public hearings. Mayor Barnard requested that an amendment to the Zoning Ordinance embody- ing the Council's thinking with respect to the matter of signs and variances be prepared with the intention of setting a date at next week's regular meeting for a joint public hearing with the Zoning & Planning Commission on this matter, and that in the meantime he would confer with the Chairman of the Commission as to the date to be set. Kenneth Gunderland explained that he had rejected the offer submitted by the City for the purchase of his property in connection with the Arts & Science Center project for the reasons that the figure was considerably less than the one he has been paying taxes on and was grossly out of line with figures he has ob- tained from his appraisers, and requested that the City commence its condemnation proceedings so that the matter could be decided as soon as possible. After a short discussion among the Council, Mayor Barnard explained that the matter of the appraisal figure would be discussed in Work Shop on Monday night, and Mr. Gunderland agreed to submit to the City Manager his written appraisal for consideration by the Council of a possible compromise. There being no further business to come before the Council, the meeting was adjourned. • THE STATE OF TEXAS COUNTY OF NUECES NOTICE OF SPECIAL MEETING CITY OF CORPUS CHRISTI . TO THE MEMBERS OF THE CITY COUNCIL, THE CITY MANAGER, THE CITY SECRETARY AND THE CITY ATTORNEY TO THE CITY OF CORPUS CHRISTI, TERAS: NOTICE is hereby given that a special meeting of the City Council of the City of Corpus Christi, Texas, will be held in the City of Corpus Christi, Texas, in the Council Chamber of the City Hall, at 8:00 o'clock, A.M.:, on the 27 day of May , 1961+_, for the purpose of opening bids on annual contracts for approximately 41 items required by various Divisions of the City; and such other business as may properly come before the Council. DATED this the 27 , day of AMES L. BARNARD, Mayor City of Corpus Christi, Texas CONSENT TO MEETING We, the undersigned members of the City Council, the City Manager, the City Secretary and the City Attorney to the City of Corpus Christi, Texas, hereby. accept service of the foregoing notice, waiving any and all irregularities in such service and consent and agree that said meeting shall be at the time and place there- in named and for the purpose therein stated. W. H. WALLACE, JR. ERBERT City I. M. INGER / Cit 'Attorney 4441 T. RAVKRIN City Sbcretary