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HomeMy WebLinkAboutMinutes City Council - 07/22/1964PRESENT: 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 July 22, 1964 2;00 p.m. City Manager Herbert W. Whitney City Attorney 1. M. Singer City Secretary T. Ray Kring 4410 Mayor James L. Barnard called the meeting to order. The Invocation was given by the Reverend Edgar Furr, Minister of Westgate Heights Church of Christ. City Secretary T. Ray Kring called the roll of those in attendance. Motion by de Leon, seconded by Roberts and passed that the minutes of the regular meeting of July 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 Barnard announced that a resolution had been prepared designating July 31, 1964, as SENATOR YARBOROUGH APPRECIATION DAY in Corpus Christi, on which day friends from 31 South Texas Counties will honor the Senator at an appreciation dinner to be held at the Driscoll Hotel. He stated that letters had been received from the following persona protesting the resolution on the grounds that Senator Yarborough is a candidate for a political office and that such recognition would be partisan on the part of the Council and might effect his campaign; Jack F. McKemie,M.D., Benjamin Eshleman, Jr., Bill Sullivan, Mrs. Cecil Laws, Lawrence E. Hoover, Henry W. Deschner, Ellen Lear, and W. Rinehart Miller. Mayor Barnard pointed out that an Honorary Citizenship Certificate and a symbolic "Key to the City" had been presented to Senator John Tower on his visit l.o Corpus Christi last September and an effort is made to extend such courtesies to all digneltaries visiting our City; that the Resolution in question does recognize all public officials, dignataries, distinguished guests and citizens of the 31 neighboring counties who will be present for the appreciation dinner. Mayor Barnard asked City Secretary Kring to read the RESOLUTION N0. 7283, designating July 31, 1964, as "Senator Yarborough Appreciation Day, which was passed by unanimous vote of the Council. Mayor Barnard appointed Mayor pro Tem Jim Young, Commissioners Blackmon, de Leon and Maldonado, as a welcoming and escort committee on the occasion of City of Corpus Christi, Texas Regular Council Meeting July 22, 1964 Page g Senator Yarborough's visit. Mr. Sheridan C. Lewis and Dr. Clotilde Garcia were present to receive the Resolution. • Mayor Barnard announced the opening of bids. Bids were opened and read on Hot -Mix Street Resurfacing Contract No. 2, from the followings South Texas Materials Company, Inc., and Heldenfels Brothers. The foregoing bids were tabled for 48 hours as required by the City Charter, and referred to the City Manager for tabulation and recommendation. Mayor Barnard called for the City Manager's Reports. a. That the award of contract for the construction of Unit II of the Navigation Boulevard Storm Sewer, Project No. 295-61-30, be made on the basis of low bid meeting specifications, to Heldenfels Brothers; and that an appropriation be made in the amount of $175,000.00; b. That the award,of contract for the construction of the Sanitary Sewer Package Treatment Plant for Jackson Woods Subdivision, Project No. 250-61-38.1, be made on the basis of low bid meeting specifications to Siovak Brothers, and that appropriation be made in the amount of $30,000; c. That the Tax Error and Correction List for June 1964, be approved; d. That reimbursement of the General Fund for engineering costs applicable to bond fund projects in the sum of $35,239, be approved in accordance with the tabulation prepared by Accounting Department showing actual coats for May and June and the estimated costs for July; appropriations from Nos. 220, 250 and 295 funds are required in the amount of $32,690 supplementing balances of $2,549 previously appropriated; e. That appropriation of $51,000 from the Street Bond Fund #220-56-72, for partial reimbursement to the Water Fund for the estimated cost of relocating water lines within the Expressway Bight of Way from Morris to Tarleton Streets, be approved; f. That the date of August 5, at the regular meeting, be set for public hearing on an application to close an alley in Brooklyn Addition; g. That the date of August 12, 1964, during a special meeting convening at 4 p.m., be set for public hearing on 4 zoning capes; City of Corpus Christi, Texas Regular Council Meeting aul.y 22, 1964 Page 3 h. That the following actions be taken relative to the following request for Interim Zoning Permits: #61-36, Everett Thompson, to complete construction of a 30' x 32' Concrete Block Mechanical garage which was commenced prior to annexation on Lots 9, 10,0 & 44, Block "A", Don Patricio Subdivision, be approved; #62-109, Mrs. Oscar L. Roach, to locate a mobile Home for a One -family Dwelling on S.W4 of Lot 12, Nueces Gardens #1, be approved on a temporary basis for 2 years, subject to compliance with all other regulations of the "R-1" One Family Dwelling District; i. That the date of August 12, during the regular meeting be set for re- hearing on the application for closing of portions of Lily, Rose and Buffalo Streets; previous hearing held on the 24th day of June, 1964. Councilman W. J. Roberts excused himself from the meeting to keep a dental appointment. ORDINANCE NO. 7284 THIRD READING OF AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A LEASE AGREEMENT WITH THE OSO LITTLE LEAGUE, LEASING TO SHL SAID O50 LITTLE LEAGUE AN EIGHT ACRE TRACT OF LAND IN SOUTH GUTH PARK FOR THE PURPOSE OF ESTABLISHING AND MAINTAINING A RECREA- TIONAL AREA, A COPY OF WHICH AGREEMENT IS ATTACHED HERETO AND MADE A PART HEREOF. The foregoing ordinance was read for the third time and passed finally by the following vote: Mayor Barnard, Commissioners Young, Blackmon, de Leon, Maldonado and Wallace, present and. voting "Aye", Commissioner Roberts, absent. ORDINANCE NO. 7285 THIRD READING OF AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER, FORAM ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A LEASE AGREEMENT WITH THE OS0-NATIONAL PONY LEAGUE, LEASING TO THE SAID OSO-NATIONAL PONY LEAGUE A SEVEN ACRE TRACT OF LAND IN SOUTH GUTH PARK FOR THE PURPOSE OF ESTABLISHING AND MAIN- TAINING A PUBLIC RECREATIONAL AREA, A COPY OF WHICH AGREEMENT IS ATTACHED HERETO AND MADE A PART HEREOF. The foregoing ordinance was read for the third time and passed finally by the following vote: Mayor Barnard, Commissioners Young, Blackmon, de Leon, Maldonado and Wallace, present and voting "Aye", Commissioner Roberts, absent. SECOND READING OF AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A LEASE AGREEMENT WITH J. H. SCOGIN, LEASING TO SAID J. H. SCOGIN A TRACT OF LAND LOCATED AT THE INTERNATIONAL AIRPORT, DESIGNATED AS TRACT 3, AND COBTAINING APPROXIMATELY 69.682 ACRES, TO BE USED FOR FARMING AND AGRICULTURAL PURPOSES, FOR A TERM OF THREE YEARS BEGINNING AUGUST 1, 1964, AND EXTENDING TO AUGUST 15, 1967, SAID LEASE TO BE IN THE FORM SET OUT IN ORDINANCE NO. 5239 AND HERETOFORE EXTENDED BY ORDINANCE NO. 7007. reads The foregoing ordinance was read for the second time and passed to its,;3'd/by the following vote: Mayor Barnard, Commissioners Young, Blackmon, de Leon, Maldonado and Wallace, present and voting "Aye", Commissioner Roberts, absent. • City of Corpus Christi, Texas Regular Council Meeting July 22, 1964 Page 4 ORDINANCE N0. 7286 AUTHORIZING AND DIRECTING THE CI'T'Y MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A CONIEACTWITH SLOVAK BROTHERS FOR THE CONSTRUCTION OF A SANI- TARY SEWER PACKAGE TREATMENT PLANT, APPLICABLE TO PROJECT NO. 250-61-38.1, JACKSON WOODS; APPROPRIATING OUT OF N0. 250 SANITARY SEWER BOND FUNDS THE SUM OF $30,000, OF WHICH AMOUNT $29,100 IS FOR THE CONSTRUCTION CONTRACT AND $900 IS FOR CONTIN- GENCIES, INCLUDING ENGINEERING, LABORATORY TESR°INC AND LEGAL ADVERTISING; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Mayor Barnard, Com- missioners Young, Blackmon, de Leon, Maldonado, Wallace, present and voting "Aye"; Commissioner Roberts, absent. The foregoing ordinance was passed by the following vote; Mayor James Barnard, Commissioners Young, F ckmon, de Leon, Maldonado and Wallace, present and voting "Aye"; Commissioner Roberts, absent ORDINANCE NO. 7287 AUTHORIZING AND DIRECTING THE CITT MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A CONTRACT AGREEMENT WITH FRANKLIN PLATO, DEVELOPER OF NAVIGA- TION INDUSTRIAL PARK SUBDIVISION, IN WHICH HE AGREES TO PAY i'un CITY $10,299.00 AS TAF NET PARTICIPATION IN COSTS OF CONSTRUCTING THE NAVIGATION BLVD. STORM SEWER, UNIT II, ALL AS MORE FULLY DESCRIBED IN THE 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, Com- missioners Young, Blackmon, de Leon, Maldonado, Wallace, present and voting "Aye"; Commissioner Roberts, absent. The foregoing ordinance was passed by the following vote: Mayor Barnard, Commissioners Young, Blackmon, de Leon, Maldonado and Wallace, present and voting "Aye"; Commissioner Roberts, absent. ORDINANCE N0. 7288 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A CONTRACT wiall HELDENFELS BROTHERS, FOR THE CONSTRUC- TION OF THE NAVIGATION BOULEVARD STORM SEWER, UNIT II, PROJECT NO. 295-61-30; APPROPRIATING OUT OF NO. 295 STORM SEWER BOND FUND THE SUM OF $175,000 OF WHICH AMOUNT $167,820.90 IS FOR THE CONSTRUCTION CONTRACT AND $7,179.10 IS FOR CONTIN- GENCIES INCLUDING ENGINEERING, LABORATORY TESTING AND LEGAL ADVERTISING; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Mayor Barnard, Commissioners Young, Blackmon, de Leon, Maldonado and Wallace, present and voting "Aye"; Commissioner Roberts, absent. • City of Corpus Christi, Texas Regular Council Meeting July 22, 1964 Page 5 The foregoing ordinance was passed. by the following votes Mayor Barnard, Commissioners Young, Blackmon, de Leon, Maldonado and Wallace, present and voting "Aye"; Commissioner Roberts, absent. ORDINANCE NO. 7289 AMENDING THE ZONING ORDINANCE OF ihb 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. 61o6, PASSED AND APPROVED ON THE 29TH DAY OF MARCH, 1961, BY GRANTING A SPECIAL USE PERMIT ON ALL OF LOTS 1, 2 AND 3, BLOCK 1, MARTINE SUBDIVISION, AN ADDITION TO auh CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FOR OPERATION OF A MINIATURE GOLF COURSE AND SWIMMING POOL, SUBJECT TO THE CONDITIONS CONTAINED HEREIN: KEEPING IN EFFECT OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote Mayor Barnard, Commissioners Young, Blackmon, de Leon, Maldonado and Wallace, present and voting "Aye"; Commissioner Roberts, absent. The foregoing ordinance was passed by the following vote: Mayor Barnard, Commissioners Young, Blackmon, de Leon, Maldonado and Wallace, present and voting "Aye"; Commissioner Roberts, absent. ORDINANCE N0. 7290 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 GRANTING AN AMENDMENT TO A SPECIAL USE PERMIT ON ALL OF LOTS 7 AND 8, BLOCK 2, MEULY SUBDIVISION, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FOR THE OPERATION OF A FLOWER SHOP UNDER 'THE NURSERY CLASSIFICATION, SUBJECT TO THh CONDITIONS CONTAINED HEREIN; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Mayor Barnard, Commissioners Young, Blackmon, de Leon, Maldonado, and Wallace, present and voting "Aye"; Commissioner Roberts, absent. The foregoing ordinance was passed by the following vote: Mayor Barnard, Commissioners Young, Blackmon, de Leon, Maldonado and Wallace, present and voting "Aye"; Ccnmissioner-Roberts, absent. ORDINANCE NO. 7291 APPROPRIATING THE SUM OF $32,690 OF WHICH AMOUNT $3,801 IS FROM NO. 220 STREET BOND FUND, $5,339 IS FROM NO. 250 SANITARY SEWER FUND AND $23,550 IS FROM NO. 295 STORM SEWNR FUND, THE FOREGOING AMOUNTS TO SUPPLEMENT FUNDS IN THE AMOUNT OF $2,549 REMAINING FROM FUNDS PREVIOUSLY APPROPRIATED, FOR ENGINEERING COSTS APPLI- CABLE TO VARIOUS BOND FUND PROJECTS AS SHOWN ON THE TABULATION PREPARED BY THE ACCOUNTING DEPARTMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; AUTHORIZING REIMBURSEMENT TO THE GENERAL FUND N0. 102 CURRENT FUND IN THE AMOUNT • City of Corpus Christi, Texas Regular Council Meeting July 22, 1964 Page 6 OF FUNDS HEREBY AND PREVIOUSLY APPROPRIATED AND NOT HERETOFORE REIMBURSED DURING THE CURRENT FISCAL YEAR BEING AUGUST 1, 1963 THROUGH JULY 31, 1964; AND DECLAR- ING AN EMERGENCY. The Charter rule was suspended by the following vote: Mayor Barnard, Commissioners Young, Blackmon, de Leon, Maldonado and Wallace, present and voting "Aye"; Commissioner Roberts absent. The foregoing ordinance was passed by the following vote: Mayor Barnard, Commissioners Young, Blackmon, de Leon, Maldonado and Wallace, present and voting "Aye"; Commissioner Roberts, absent. ORDINANCE NO. 7292 APPROPRIATING OUT OF 220 STREET BOND FUND THE SUM OF $51,000.00 TO COVER COST OF WATER LINE RELOCATION WITHIN THE RIGHT OF WAY OF STATE HIGHWAY EXPRESSWAY NO. 286 FROM MORRIS TO TARLETON, PROJECT NO, 220-56-72, CONSTRUCTED BY CITY FORCES; AUTHOR- IZING PARTIAL REIMBURSEMENT FOR FUNDS EXPENDED OUT OF NO. 141 WATER FUND, IN THE AMOUNT OF $51,000.00 FROM FUNDS HEREBY APPROPRIATED; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Mayor Barnard, Commissioners Young, Blackmon, de Leon, Maldonado and Wallace, present and voting "Aye"; Commissioner Roberts absent. The foregoing ordinance was passed by the following vote: Mayor Barnard., Commissioners Young, Blackmon, de Leon, Maldonado and Wallace, present and voting "Aye"; Commissioner Roberts, absent. ORDINANCE N0. 7293 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 N0. 6106, PASSED AND APPROVED ON THE 29TH DAY OF MARCH, 1961, I!Y AMENDING THE ZONING MAP BY CHANGING THE ZONING OF LOT C, ALAMEDA CENTER UNIT #2, AS SHOWN BY MAP OR PLAT THEREOF, RECORDED IN VOLUME 24, PAGE 92 OF THE NUECES COUNTY MAP RECORDS, SAID AREA BEING A PORTION OF LOT 2, BLOCK 2, ALAMEDA ESTATES, IN THE CITY OF CORPUS CHRISTI_, NUECES COUNTY, TEXAS, LOCATED IN THE 4300 BLOCK OF SOUTH ALAMEDA STREET, FROM "R -1B" ONE FAMILY DWELLING DISTRICT TO "B-4" GENERAL BUSINESS DISTRICT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Mayor Barnard, Commissioners Young, Blackmon, de Leon, Maldonado and Wallace, present and voting "Aye"; Commissioner Roberts, absent. The foregoing ordinance was passed by the following vote: Mayor Barnard, Commissioners Young, Blackmon, de Leon, Maldonado and Wallace, present and voting "Aye"; Commissioner Roberts, absent. City of Corpus Christi, Texas Regular Council Meeting July 22, 1964 Page 7 Mayor Barnard announced the Council will now consider the ordinance which was deferred earlier in the meeting, appearing on the agenda for first reading, in connection with the request of $3.99 Economy Car Rentals of Corpus Christi, Inc., to change the location of counter space on the Airport Premises to a point between the doors on the east wall in the lobby area of the Terminal Building, and invited discussion from the audience. Mayor Pro Tem Jim Young, asked to be excused from the Council Panel and took a seat in the audience. Mr. James P. Ryan and Mr. Scott Cook, attorneys, representing Avis Rent-A- Car; National Car Rentals and Hertz Corporation, the other three Driverless Car Companies who have leases with the City for space at International Airport, appeared and asked that they be heard on their behalf, protesting that the passage of the proposed ordinance, which would amend the lease with $3.99 Economy Car Rentals of Corpus Christi, Inc., granting the privilege to change the location of the counter space on the Airport Premises to a point between the doors on the East Wall in. the lobby area of the Terminal Building, would violate the terms of the leases; and would be a distinct discrimination against the other three car rental firms in that passengers disembarking from planes would have to pass by and go through the mental process of rejecting Economy Car services in order to reach his clients' booths, giving them an unfair advantage. He also stated that there is some question as to whether the original lease with Economy Car is legal, stating that it was his under- standing that Mayor Pro Tem Young is active in the business. Mr. Ryan read excerpts from the City Charter, and also from the leases, making the interpretation that the City has agreed to give the public free access to lessees' counters, and that the passage of the ordinance would violate the terms of the leases. On question, City Attorney Singer stated that the opinion he had previously rendered on the legality of the original lease was based on information he received from Mr. Young. Mr. Phil Ridgeway, of National Car Rentals, and Herbert Morrison of Avis Rent-A-Car also appeared and spoke in their own behalf and in opposition to the passage of the ordinance in question. • City of Corpus Christi, Texas Regular Council Meeting July 22, 1964 Page 8 Motion by Blackmon, seconded by Maldonado and passed that first reading of the aforementioned ordinance be deferred one week to: (1) enable the Council to personally inspect the arrangement of the car rental booths; (2) to obtain a legal opinion from City AttOrney Singer on whether or not the proposed move would be in violation of leasing agreements between the City and the three protesting firms; and (3) to check for possible City Charter violations of the original lease with Economy Car Rentals. There being no further business to come before the Council, the meeting was adjourned. (A recording was not made of this meeting - machine out of order.)