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HomeMy WebLinkAboutMinutes City Council - 07/01/1964• • PRESENT: Mayor James L. Barnard Commissioners: Jim Young J. R. de Leon M. P. Maldonado W. J. Roberts W. H. Wallace, Jr. CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING JUly 1, 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 Bill Berkner, Pastor of Grace Methodist Church. City Secretary T. Ray Kring called the roll of those in attendance. Motion by de Leon, seconded by Maldonado and passed that the absence of Commissioner Jack R. Blackmon be excused for cause. Motion by Young, seconded by Maldonado and passed that the minutes of the regular meeting of June 27, 1964, be approved as furnished to the Council. Mayor Barnard welcomed to the meeting Mrs. Gallegos, Assistant Den Mother, Mrs. Albert Diaz, volunteer, and the 8 boys of Den 5, Pack 177 of the Cub Scouts. Mayor Barnard, on behalf of the Council, thanked and commended the Inde- pendence Day Celebration Committee for their efforts in preparing an outstanding celebration for the 4th of July, beginning with the Flag Raising ceremony at 7:30 a.m. in Sherrill Park, followed by a parade downtown at 10 a.m. with many units from the Army, Navy, Marines, and Air Force, a static display on the Coliseum park- ing lot, a Fly -over in the afternoon, the Soapbox Derby at "Corpus Christi Hill" on Shoreline sponsored by the Junior Chamber of Commerce, celebrations and family picnics in the City parks, and a band concert by the 4th Army Band at Exposition Hall. Mayor Barnard announced the opening of bids. Bids were opened and read on the construction of 2 Concrete Retards for the Schanen Ditch from the following: T. H. Lee; Slovak Brothers; and Heldenfels Brothers. The foregoing bide were tabled for 48 hours as required by City Charter, and referred to the City Manager for tabulation and recommendation. Mayor Barnard read a proclamation proclaiming the week of July 5 through 11, 1964, as PEST CONTROL WEEK in Corpus Christi; accepted by Cliff Boren, member of the Pest Control Licensing Advisory Committee. • • City of Corpus Christi, Texas Regular Council Meeting July 1, 1964 Page 2 Mayor Barnard announced the Chair would receive nominations for appoint - menta to Boards and Committees. Commissioner Roberts nominated the following to the Municipal Industrial Commission; W. L. Bates, Glenn E. Alexander, Richard King, III, Ray Peterson, J. M. Dellinger, all for re -appointment, and Byrd Harris for appointment. There being no further nominations, the Chair declared the nominations closed. By unanimous vote, W. L. Bates, Glenn E. Alexander, Richard King, III, Ray Peterson and J. M. Dellinger were re -appointed, and Byrd Harris was appointed to the Municipal Industrial Commission. Mayor Barnard announced this left the foregoing Commission one member short, and that this appointment would be made at.a subsequent meeting. The City Secretary was requested to mail Certificates of Appointment to the foregoing. Mayor Pro Tem Young nominated the following to the Traffic Safety Advisory Board; Dr. Charles Clark for re -appointment, and Roy Klett and Richard S. Durham for appointment. Motion by Roberts, seconded by Maldonado and passed that nominations cease, and that Dr. Charles Clark be re -appointed, and Roy Klett and Richard S. Durham be appointed by acclamation to the Traffic Safety Advisory Board. Certificates of Appointment were accepted by Mr. Durham and Mr. Klett, who were present. Mayor Barnard announced the official appointment of Commissioner de Leon as the Council's representative to serve on a committee with representatives of La Retama Library Board and Friends of the Library for the selection of a site for the new Branch Library authorized in the recent bond election. Mayor Barnard announced the public hearing on the application of Sunray DX 0i1 Company for a permit to drill and operate a well on a 50 -acre tract in the west area of the City between State Highway #9 and State Highway #44, being Well #9, in J. W. Stevens Survey, Saxet Field, Nuecea County, to be located 330' from east line and 600' from south line of the M. B. Humphrey lease. City Manager Whitney located the property and the proposed location of the well on a map of the area; stated that there are no variances being requested, City of Corpus Christi, Texas Regular Council Meeting July 1, 1964 Page 3 and that all regulations of the ordinance have been complied with, and that there are no structures or improvements within the specified distance to comply with City and State laws; and suggested that the granting of such permit.be subject to the passage of an ordinance designating City Drilling Block #778. No one appeared in opposition to the application. Motion by Wallace, seconded by Roberts and passed that the hearing be closed. Motion by Roberts, seconded by Maldonado and passed that Sunray DK Oil Company be granted a permit to drill and operate a well in the west area of the City between State Highway #9 and State Highway #44, being Well #9, in J. W. Stevens Survey, Saxet Field, Nueces County, to be located 330' from east line and 600' from south line of the M. B. Humphrey Lease, in City Drilling Block 778, sub- ject to designation of the drilling block. Mayor Barnard announced the Appeal of William C. Nichols from the De- cision of the Taxicab Inspector in Revoking his Taxicab Driver License, and ex- plained the procedure to be followed. City Manager Whitney presented the Taxicab Inspector's written notice to Mr. Nichols that his Taxicab Driver's License #904 was revoked indefinitely and the reasons for such action, and stating his right to appeal this decision; and the written appeal to the City Council of Mr. Nichols. Assistant City Attorney Wayland Pilcher introduced in evidence certi- fied copies of the 3 complaints mentioned in the Taxicab Inspector's notice to Mr. Nichols of charges of being found drunk in a public place on April 2, 1964, April 20, 1964, and June 11, 1964, and record of Mr. Nichol's having plead guilty and having paid the fine for same in each instance. David Lee Molder testified that as Inspector of Taxicabs for the City of Corpus Christi he maintains a complete file of all violations pertaining to taxicab drivers, both traffic violations and otherwise; that on January 28, 1964, he had granted Taxicab Driver's Permit #904 to William C. Nichols on the basis of his review of his record which showed a lapse period of one year of no violations; that he had revoked this permit indefinitely on the basis of the three drunk vio- lations within three months in compliance with Section 36-42 of the ordinance which provides that a Taxicab Driver's Permit may be either suspended or revoked • City of Corpus Christi, Texas Regular Council Meeting July 1, 1964 Page 4 by the Taxicab Inspector for a violation of any ordinance of the City. Mr. Nichols stated that he has never driven a taxicab when he was drink- ing, but that he does drink when not on duty. James R. Smith, Secretary of the Taxicab Drivers Union, stated that he had talked to the drivers and dispatchers at the taxicab company that employs Mr. Nichols, and none of them think he has done anything to warrant having his permit revoked. Joe C. Algamere, Union Representative, stated that Mr. Nichols was not driving a taxicab on any of the occasions mentioned; that he could agree with the Taxicab Inspector if Mr. Nichols had been drunk while serving the public, but that he believed what a man does off duty is his own business; and that the union has shop stewards that automatically turn a man in for anything wrong being done; and that with respect to the mention of a previous revoking of Mr. Nichol's permit for high flagging, anybody can forget to put the flag down once in a while. Mr. Alga - mere stated that Mr. Nichols is a retired Army man of 21 years in the service with a pretty good record and that most of the times when he goes out drinking, his wife is with him, and that he believed these things should be considered by the Council before revoking Mr. Nichol's permit indefinitely. In answer to questions from the Council, Mr. Molder replied that the or- dinance provides only that the Taxicab Inspector suspend or revoke a permit for a stated period or indefinitely for violations, and that he felt he had acted in the public interest in revoking Mr. Nichol's permit indefinitely for the reasons stated. Motion by Roberts, seconded by Maldonado and passed that the appeal of William C. Nichols be taken under advisement. Mayor Barnard advised Mr. Nichols that the Council would answer his appeal by the next Council meeting, and that he would be notified of the Council's decision. Mayor Barnard called for the City Manager's Reports. Motion by Maldonado, seconded by Roberts and passed that the City Manager's Reports be accepted, and the recommendations and requests be approved and granted, as follows: a. That the plans and specifications for Hot -Mix Concrete Resurfacing of approximately 49,400 sq.yds. of arterial and commercial streets in the Uptown and City of Corpus Christi, Texas Regular Council Meeting July 1, 1964 Page 5 Downtown Business Area be approved; and that authority to advertise for bids to be received on July 22, 1964, be granted; b. That the request of Wm. B. Shelter, architect, representing the Bee Aligning Service and Mr. George Stein, for permission to allow four 48 in. bell footings, which will be 10 ft. or more below grade, and which will extend 16 in. into the street right of way along the east side of Bluntzer Street, beginning 37 ft. back from the intersection of Bluntzer and Agnes Streets property line and con- tinuing northerly for a distance of 40 ft., be granted; c. That the request of Lumar Gas Corporation for a revocable easement for a 2" gas gathering line in Talbert Road, extending from a point near the grain elevator to Highway 44 and down Highway 44 to a location just east of Lexington Boulevard, be approved; d. That the bid award on Weld Fittings and Flanges be made on the basis of low bid meeting specifications to San Antonio Machine & Supply Corp. for 21 items totaling approximately 1,183 pieces of Weld -Fittings, consisting of caps, ells, reducers, and flanges in various sizes for a grand total of $1,671.00; (Bid Tabulation #24) e. That the bid awards on annual supply contracts for the following 9 items be made as follows: (1) Anodes, to Cathodic Protection Service for $4,026.02; (2) Water Treating Chemicals, to United States Gypsum Co. for Item 1 for $56,420.10; to Thompson Hayward Chemical Co. for Item 2 and Item 3, for $66,889.00; to The Dow Chemical Co. for Item 4, for $12,128.00; to McKesson & Robbins, Inc. for Item 5, for $2,732.10; to Pittsburgh Plate Glass Co. for Item 7 and 8A, for $79,157.50; for a total award of $217,326.70; Fuel, Motor Oil & Grease, to Gulf Oil Corp. for Lot I, Lot II, Lot III, and Lot IV, for $122,309.02; and to Petroleum Trading & Transport Co. for Lot V, for $7,732.52; for a total award of $130,041.54; (4) For Mechanical Joint Cast Iron &/or Ductile Iron Fittings, to Trans -Tex Supply Co. for Lot I and Lot II, for $22,972.63; to American Cast Iron Pipe Co. for Lot III, for $5,402.96; for a total award of $28,375.59; (5) Fire Hydrants to Trans -Tex Supply Co., for $9,933.48; (3) • • City of Corpus Christi, Texas Regular Council Meeting July 1, 1964 Page 6 (6) Gas & Water Meters, to Rockwell Manufacturing Co. for Lot I, Lot II, and Lot III, for $61,978.75; to Calmet Meter Div. for Lot IV, for $37,550.40; to Hersey-Sparling Meter Co. for Lot V, and Lot V2, for $9,478.75; for a total award of $109,007.90; Street Construction Materials to Shell Oil Co. for Item 1, for $12,298.21; to (7) (8) (9) Humble Oil & Refining Co. for Item 2 and Item 3, for $26,931.25; to White's Uvalde Mines for Item 4, Item 5, Item 6, Item 7, Item 8, and Item 9, for $131,856.34; to Halliburton Portland Cement Co. for Item 10, for $53,785.00; to Southwestern Materials Co. for Item 11, for $27,000.00; to Heldenfels Brothers for Item 12, for $96,350.00; for a total award of $348,220.80; Street Sweeper Broom Materials to A. Steiert & Son, Inc. for lot I, for $2,940.00; to Tuffibre Co. for Lot II, for $1,940.40; for a total award of $4,880.40; Continuous Tabulating Forms to Uarco, Inc. for Lot I and Lot VI, for $5,290.76; to Moore Business Forms, Inc. for Lot II and Lot III, for $1,501.40; to Marvin S. Miller for Lot IV, for $2,741.30, and for Lot V, for $511.60 as chosen by lot as required by State statute due to identical bids having been submitted by Marvin S. Miller and Moore Business Forms (the name of Marvin S. Miller was picked from a hat by Cub Scout Oscar Laurel of Den 5, Pack 177 at this meeting) for a total of $3,252.90; for a total award of $10,045.06; (Bid Tab- ulation #24 (1), (2), (3), (4), (5), (6), (7), (8), (9). ORDINANCE NO. 7268 APPROPRIATING OUT OF NO. 220 STREET BOND IMPROVEMENT FUND THE SUM OF $5,000.00 FOR INCIDENTAL EXPENSES IN ACQUIRING PROPERTY FOR THE CROSSTOWN EXPRESSWAY PROJECT, IN- CLUDING COMMISSIONERS FEES, COURT COSTS, TILE EXPENSES, RECORDING FEES AND PES FOR APPRAISERS SERVICES, ALL EXPENSES TO BE PAID ON RECOMMENDATION OF THE CITY ATTORNEY AND THE APPROVAL OF THE CITY MANAGER; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Mayor Barnard, Commissioners Young, de Leon, Maldonado, Roberts, and Wallace all present and vot- ing "Aye," and Commissioner Blackmon absent. The foregoing ordinance was passed by the following vote; Mayor Barnard, Commissioners Young, de Leon, Maldonado, Roberts, and Wallace all present and vot- ing "Aye," and Commissioner Blackmon absent. • • City of Corpus Christi, Texas Regular Council Meeting July 1, 1964 Page 7 ORDINANCE NO. 7269 APPROPRIATING OUT OF NO. 250 SANITARY SEWER BOND FUND THE SUM OF $14,862.25 FOR CONSTRUCTION OF KALER DRIVE SANITARY SEWERS, PROJECT NO. 250-61-32, BY CITY FORCES; AUTHORIZING THE REIMBURSEMENT OF NO. 109 SEWER FUND FOR ALL AMOUNTS PREVIOUSLY AD- VANCED FOR THE ABOVE PROJECT; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Mayor Barnard, Commissioners Young, de Leon, Maldonado, Roberts, and Wallace all present and vot- ing "Aye," and Commissioner Blackmon absent. The foregoing ordinance was passed by the following vote: Mayor Barnard, Commissioners Young, de Leon, Maldonado, Roberts, and Wallace all present and vot- ing "Aye," and Commissioner Blackmon absent. ORDINANCE NO. 7270 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EKECUTE A CONTRACT WITH ED KTRLY, GRANTING THE RIGHTS OF CONCESSION AT THE EXPOSITION HALL AND MEMORIAL COLISEUM ON SHORELINE BOULEVARD IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, TO THE SAID ED KIELY, SAID CONCESSION RIGHTS BEGINNING JUNE 1, 1964, AND ENDING MAY 31, 1966, SUBJECT TO THE COVENANTS AND CON- DITIONS PROVIDED IN SAID CONTRACT, 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, de Leon, Maldonado, Roberts, and Wallace all present and vot- ing "Aye," and Commissioner Blackmon absent. The foregoing ordinance was passed by the following vote: Mayor Barnard, Commissioners Young, de Leon, Maldonado, Roberts, and Wallace all present and vot- ing "Aye," and Commissioner Blackmon absent. ORDINANCE NO. 7271 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE AN AGREEMENT W1'rii THE SHORELINE CORPORATION AND/OR BERNARD I. KARCHMER, TRUSTEE, FOR THE USE OF A PORTION OF CORPUS CHRISTI BEACH, BEING BLOCK "A" OF A REPLAT OF BLOCKS 14, 15, 16, 17, 30, 31 AND 32, OF BROOKLYN ADDITION TO THE CITY OF CORPUS CHRISTI, TEXAS, AS A PUBLIC BEACH, UNDER ma TERMS AND CONDITIONS MORE FULLY SET OUT IN TmI 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, de Leon, Maldonado, Roberts, and Wallace all present and vot- ing "Aye", and Commissioner Blackmon absent. The foregoing ordinance was passed by the following vote: Mayor Barnard, Commissioners Young, de Leon, Maldonado, Roberts, and Wallace all present and vot- ing "Aye", and Commissioner Blackmon absent. • City of Corpus Christi, Texas Regular Council Meeting July 1, 1964 Page 8 ORDINANCE NO. 7272 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A LEASE AGREEMENT WITH ROBERT FLATO FOR THE USE OF A TRACT OF LAND IN JACKSON WOOD SUBDIVISION, LOCATED ON UP RIVER ROAD IN THE CITY OF CORPUS CHRISTI, TEXAS, AS A TEMPORARY SEWAGE TREATMENT PACKAGE PLANT SITE, A COPY OF WHICH LEASE AGREEMENT IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMER- GENCY. The Charter rule was suspended by the following vote: Mayor Barnard, Commissioners Young, de Leon, Maldonado, Roberts, and Wallace all present and vot- ing "Aye," and Commissioner Blackmon absent. The foregoing ordinance was passed by the following vote: Mayor Barnard, Commissioners Young, de Leon, Maldonado, Roberts, and Wallace all present and vot- ing "Aye," and Commissioner Blackmon absent. ORDINANCE NO. 7273 AUTHORIZING THE CITY MANAGER TO EXECUTE, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, A REVOCABLE EASEMENT TO LUMAR GAS CORPORATION TO PLACE A 2" GAS GATHERING LINE IN TALBERT ROAD AND STATE HIGBWAY 44, PROVIDING 'itis TERMS OF SUCH EASEMENT, 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, de Leon, Maldonado, Roberts, and Wallace all present and vot- ing "Aye," and Commissioner Blackmon absent. The foregoing ordinance was passed by the following vote: Mayor Barnard, Commissioners Young, de Leon, Maldonado, Roberts, and Wallace all present and vot- ing "Aye," and Commissioner Blackmon absent. THE STATE OF TEXAS COUNTY OF NUECES CITY OF CORPUS CHRISTI On this 1 day of July, 1964, the City Council of the City of Corpus Christi, Texas, convened in Regular Meeting, with the following members of the Council present to -wit: Dr. James L. Barnard Jim Young J. R. de Leon M. P. Maldonado W. J. Roberts W. H. Wallace, Jr. T. Ray Kring Mayor Commissioners City Secretary with the following absent: Jack R. Blackmon, constituting a quorum, at which time the following among other business was transacted: City of Corpus Christi, Texas Regular Council Meeting July 1, 1964 Page 9 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, July 1, 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 voted at the election held on June 27, 1964, and the need for assuming the bonds of Nueces County Water Con- trol and Improvement District No. 2 (Flour Bluff) create an emergency and an im- perative public necessity requiring the suspension of rules and Charter provisions requiring ordinances to be considered and voted upon at three regular meetings. 1, therefore, request that the City Council pass the proposed ordinance canvassing the returns and declaring the result of the 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 a ,manimous vote by the City Council, viz: AYES: Commissioners Young, de Leon, Maldonado, Roberts and Wallace. NAYS: None. The Mayor requested that the records show that he voted "Aye." This was done. Commissioner Young made a motion that the ordinance be passed finally. The motion was seconded by Commissioner Wallace. The motion was carried by the following vote: AYES: Commissioners Young, de Leon, Maldonado, Roberts and Wallace. NAYS: None. The Mayor requested that the records show that he voted "Aye." This was done. • City of Corpus Chrieti, Texas Regular Council Meeting July 1, 1964 Page 10 The Mayor announced that the ordinance had been passed. The ordinance is as follows: ORDINANCE NO. 7274 BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, CANVASSING RETURNS AND DECLARING RESULTS OF AN ELECTION 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 IMPROVEMENTS; $800,000 PARK BONDS FOR GENERAL PARK IMPROVE- MENTS; $200,000 FIRE STATION BONDS; $300,000 EQUIPMENT AND STREET MAINTENANCE YARD AND BUU.fING BONDS; $500,000 POLICE BUILDING BONDS; $130,000 COLISEUM BONDS; $500,000 MUSEUM BONDS; $200,000 LIBRARY BONDS; $1,500,000 SANITARY SEWER IMPROVE- MENT BONDS; $1,960,000 STREET IMPROVEMENT BONDS; $750,000 MIDTOWN TRAFFIC INTER- CHANGE BONDS; $1,360,000 STORM DRAINAGE BONDS; $1,000,000 GAS SYSTEM REVENUE BONDS; AND ASSUMPTION OF $507,000 OF BONDS OF WATER DISTRICT N0. 2 (FLOUR BLUFF); AND DE- CLARING AN EMERGENCY. A petition in regard to the improvement of the park area in Casa Linda was officially received, and referred to the City Manager to contact the School Board with respect to plans for the development of the park. (Petition #ll) Clifford Cosgrove asked for an explanation of the reason for the lease agreement with Robert Flato, which was explained as set forth in the ordinance; and the reason for the proposed gas rate increase, which was also explained as be- ing necessary since the voters in the recent bond election had elected not to make the necessary gas system improvements by use of bond funds. Commissioner Wallace moved that the appeal of William C. Nichols from the decision of the Taxicab Inspector in revoking his taxicab driver's permit be granted, and that his permit be reinstated. Commissioner Maldonado seconded the motion. Commissioner de Leon moved that the foregoing motion be amended to pro- vide a 30 -day suspension and an additional 6 -months' probation period, which amend- ment Commissioner Wallace declined. There was no second to Commissioner de Leon's motion, and it died for lack of a second. Mayor Barnard called for a vote on the motion to reinstate Taxicab Driver's Perm #904 of William C. Nichols, effective immediately. Mayor Barnard, Commissioners Wallace, Maldonado, and Roberts voted "Aye," and Commissioner de Leon voted "Nay," and Mayor Pro Tem Young abstained. Mayor Barnard declared the motion had passed, and that the appellant and the proper authorities be so notified of the Council's decision. • City of Corpus Christi, Texas Regular Council Meeting July 1, 1964 Page 11 Motion by Wallace, seconded by Roberts and passed un,a,tmously that the Taxicab Inspector be notified that the Council feels he is discharging his duties well, and wish him to continue his vigilence in protecting the public. There being no further business to come before the Council, the meeting was adjourned.