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HomeMy WebLinkAboutMinutes City Council - 09/02/1964PRESENT: Mayor James:L. Barnard Mayor Pro Tem Jim Young Commissioners; Jack R. Blackmon J. R. de Leon W. J. Roberts W. H. Wallace, Jr. CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING September 2, 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 vas given by the Reverend Julio Aldape, Pastor of the Gollihar Baptist Mission. City Secretary T. Ray Kring called the roll of those in attendance. Motion by de Leon, seconded by Blackmon and passed that the absence of Commissioner M. P. Maldonado be excused for cause. Motion by Blackmon, seconded by Roberts and passed that the minutes of the regular meeting of August 26, 1964, be approved as furnished to the Council. Mayor Barnard recognized and welcomed Senor Octavio Menduett, outstand- ing TV producer from Mexico City, and awarded him a Certificate of Honorary Cit- izenship and a symbolic Key to the City of Corpus Christi. Senor Menduett vas accompanied by Dr. W, H. Colson, Superintendent of Baptist Missions; Miss Jane Marshall, representative of Flato Wade & Associates of Dallas; and his American Press representative, Leandro Castro, interpreter. Mayor Barnard recognized and welcomed Mr. Russell McClure, former City Manager of Corpus Christi from 1953 to 1958, and present City Manager of Wichita, Kansas, making his annual vacation visit to this City. Mayor Barnard recognized and welcomed a former Mayor of Corpus Christi, Mr. Ben F. McDonald. Mayor Barnard announced the opening of bids. Bids were opened and read on one Slurry Machine, complete and installed from the following: Girard Machinery & Supply Co.; International Road Seal, Inc.; Slurry Seal, Inc.; and The Roy Klossner Co. Bids were opened and read on one Cab & Chassis from the following: Lewis Boggus Motors, Inc.; Girard Machinery & Supply Co.; Gulf White Truck & Tractor; International Harvester Co.; Lew Williams Chevrolet Co.; Nueces Mack Truck Co.; The Roy Klosaner Co.; and Creveling Motor Co. r City of Corpus Christi, Texas Regular Council Meeting September 2, 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 that the applicant had requested more time in order to notify the surrounding property owners of the recessed hearing in connec- tion with the request of Calallen Baptist Church for the closing of Avenue B between Blocks 14 and 19, from 3rd Street through Lot 10 in Block 14 and Lot 4 in Block 19; the alley in Block 14; the alley in Block 13; and the alley in Block 19; all in Calallen Townsite, City of Corpus Christi. Motion by Wallace, seconded by Blackmon and passed that the foregoing matter be recessed again for one week. Mayor Barnard announced the pending matter of the application of Thomas J. Greene, and others, to close an alley extending from 32nd Street, also known as Woodrow Street, northeasterly to a tract of land north of and adjacent to Block 387, Brooklyn Addition, on which public hearing was held August 5, 1964. Travis Peeler, attorney representing the applicants, appeared in favor of the request on the basis of the intended development by the applicants of the lots on both sides of this unused and apparently unopened alley for a recreational tour- ist attraction, and pointed out that the owner of Lahala Souse which is on the ad- joining property is well satisfied with the development in mind. Commissioner de Leon felt that since a development of recreational facil- ities in the same general area by the City is still a possibility, in which event the City would need this access, that the alley should not be closed or abandoned. Motion by de Leon to deny the request died for lack of a second. Motion by Blackmon, seconded by Roberts to table the matter for study failed to pass by a tie vote, Blackmon, Roberts and de Leon voting "Aye," and Mayor Barnard, Young and Wallace voting "Nay." Motion by Wallace that the application be granted subject to the re- striction that the proposed development be started within a year and be proceeding with diligence or the area closed revert back to the City. Mayor Barnard felt that this Council is committed to the development of Corpus Christi Beach and to tourist development in general and that this is an op- portunity for private enterprise to upgrade and increase the development on the • City of Corpus Christi, Texas Regular Council Meeting September 2, 1964 Page 3 Beach with very little expenditure of palmate funds and that the Council should be enthusiastic to this type of development. Commissioner Blackmon felt that definite plans of the development should be presented, and suggested that the ordinance to be brought forward be placed on three readings. Motion by Wallace, seconded by Young that the request be granted to close the alley extending from 32nd Street, also known as Woodrow Street, northeasterly to a tract of land north of and adjacent to Block 387, Brooklyn Addition, with the condition that construction be started and progressing certainly within one year, and that the centremtbiag ordinance be put on three readings. Mayor Barnard, Com- missioners Wallace, Young and Roberts voted "Aye," and de Leon and Blackmon voted "Nay." Mayor Barnard declared the motion had passed 4 to 2. Mayor Barnard announced the public hearing on the application of Oil & Gas Reserves, Inc. for a permit to drill and operate Well #1 in C. Land and J. R. Ward Survey, Saxet Field, Nueces County, to be located 330' east of west line and 60' south of north line and 60' north of south line of the west 14.58 acres of a 24 acre lease in Clarkwood Townslte. City Manager Whitney pointed out the proposed location of the well on a sketch of the area; and explained that the location does not comply with the dis- tance requirements from any public street or road or building in that it is 240' from Wingo Street, 137° from the north line of the railroad, 77' from Needles Street, 18' from an alley, approximately 200' from an existing building, and 307' from Gilliam Street. Ben F. McDonald, attorney representing the applicant, explained that Needles Street is laid out as a street in a plat, but is not identifiable on the ground; that the owner of the warehouse leased to Hines which is located within the 330' mentioned has agreed that the drilling operation will not interfere with the use of the surface estate; and that in addition to the certificate of insurance re- quired by the Railroad Commission, the oil company has agreed to indemnify for any damage to the surface interest without limit. He explained the proposed well is an offset to the well mediately across Highway 44 flowing some 50 to 60 barrels a day; that the application is somewhat of an emergency to prevent drainage of the • City of Corpus Christi, Texas Regular Council Meeting September 2, 1964 Page 4 24 acre lease in the tract; that his clients could re-enter a well location capable of producing o11 which is actually located upon the north right of way line of High- way 44, but felt it was better to drop back as far as allowed under Rule 37 Spacing by the Railroad Commission and drill as an original well at the location requested. In answer to a question from Jack White, attorney, Mr. McDonald answered that if Mr. McAlpin's property is one lot away from the drilling site, his offsetting acreage would be included in the unit if he signs the lease; and in answer to questions from the Council, that other land owners not in the lease have the option of joining and participating in the production, or not joining and being paid a share of the royal- ty; that Gilliam Street is open from Southern Minerals lot to the warehouse; and suggested that the drilling block for the Saxet Field area should be 10 acres per drilling block as set up by the Railroad Commission. The matter of drilling blocks was discussed, and it was noted that the proposed map establishing drilling blocks has never been approved, that the Council has established 40 acre drilling blocks in Flour Bluff, and that the Oil & Gas Wells Commission is studying the matter. Mayor Pro Tem Young felt that until the Council received the recommendation of the 011 & Gas Wells Commission, each drilling appli- cation should be considered on its own merits. Mayor Barnard felt the Council should encourage development of our resources, Commissioner Blackmon felt that the matter of well spacing is critical in that this area of the City is now considered as in- dustrial area rather than an oil field, and that the Council should not change its policy of one well to each 40 acre drilling block until ready to adopt the new drill- ing block map. Commissioner Wallace felt the Council's responsibility is to be sure that drilling in an area does not seriously damage the rights of surface: owners; that he would be in favor of granting a smaller size drilling block; that the situ- ation is only critical during the drilling; and that he saw no objection to this particular well. Motion by Young seconded by de Leon and paeed that the hearing be closed. Motion by Young, seconded by de Leon and passed, with Commissioner Black- mon abstaining, that the application of 011 & Gas Reserves, Inc. for a permit to drill and operate Well #1 in C. Land and J. R. Ward Survey, Saxet Field, Nueces County, to be located 330° east of west line and 60' south of north line and 60' City of Corpus Christi, Texas Regular Council Meeting September 2, 1964 Page 5 north of south line of the west 14.58 acres of a 24 acre lease in Clarkwood Town - site, be granted. Commissioner Blackmon requested that the minutes reflect that he had dis- qualified himself from voting in the foregoing matter due to the fact that the owner of the property on which the building is located is his client.uf Yong. standing. Mayor Barnard called for the City Manager's Reports. Motion by Young, seconded by Wallace and passed that the City Manager's Reports, with the exception of Item "g" concerning two applications for drilling permits to be considered separately, be accepted and the recommendations and re- quests be approved and granted, as follows: a. That acceptance and payment of final Estimate #1 in the amount of $3,770.00 to Slovak Brothers for construction of two concrete retards for Schanen Drainage Ditch, be approved; b. That the acquisition of Parcels 2, 8 and 9, from Lindale Inc. in the amount of $4,130.00, for right of way required for the Thompson Road - Williams Ditch, be approved; c. That the assignment of the Scott Bledsoe, Jr. aviation lease at Inter- national Airport to Donald Nutter, and the reassignment to Art Construction, Inc., and First National Bank of McAllen, Texas, for the purpose of construction and per- manent financing, be approved; d. That the employment of the law firm of McCall, Parkhurst & Horton of Dallas to act as bond attorney in connection with the bonds to be sold by the City on October 1, 1964, be approved; e. That the date of September 9, 1964, during the regular meeting, be set for public hearing on the application of Sunray DX Oil Company for a permit to drill an oil well on the T. Priour B lease; f. That the plans and specifications, including the alternates, for Arroyo Saratoga Drainage Improvements, Stage II of the Schanen Ditch Relocation project, be approved; and request for authority to advertise for bids to be re- ceived on September 23, 1964, be granted; g. Considered separately as stated in the motion; h. That the date of September 23, 1964, at a special meeting convening at 4:00 p.m., be set for joint public hearing with the Zoning & Planning Commission • City of Corpus Christi, Texas Regular Council Meeting September 2, 1964 page 6 on the matter of permanent zoning for the recently annexed area of the City; i. That the Tax Error and Correction List for the month of July, 1964, be approved; j. That the following Interim Zoning Permits, as recommended by the Zoning & Planning Commission, be approved as follows; #61-40, Israel Goltzman, to move in and convert an office building into an ad- ditional duplex on Lots 3 & 4, Flock 9, Flour Bluff Estates #2, at 613 Lexington Boulevard, be approved subject to the regulations of the "A-2" Apartment House Dis- trict; #62-115, Kuykendall Building & Supply Co., Inc., to locate an 8' x 51' house trailer for caretaker's residence on a portion of Lots 31 & 34, H. B. Sheppard Farm Lots, at 8283 Highway 9, be approved subject to the regulations of the "I-2" Light Industrial District; #62-116, Mrs. V. Cowser, to locate a 10' x 14' and a 20' x 26' frame accessory building for use in a contractor's storage yard on a 110' x 300' portion of Section 8, Range VI, Kinney Sectionized Lands, at 6349 Leopard St., be approved subject to the regulations of the "I-2" Light Industrial District; #62-117, E. A. Ebert, to establish electrical and water service in connection with a mobile home sales office on Lot A-1, Rolling Acres, at 9701 Leopard St., be approved subject to the regulations of the "B-4" General Business District. City Manager Whitney presented for the Council's consideration a proposed amendment to the Drilling Code to provide that in cases of an application for a per- mit to drill, where a written waiver of notice signed by each and every owner of land within 400' of the proposed well site is filed, or where the application shows that all of the land within 400' of the proposed well is under lease to the appli- cant and that no building, house or public road is within 400' of the proposed well, that under these circumstances, no notice of hearing shall be necessary and a hear- ing may be held at any time after filing that is agreeable to the City Council. He explained that each of the applications for permit to drill contained in Item "g" Of the City Manager's Reports would comply with the provisions of the proposed amend- ment, and that if Council sees fit to approve and pass this amendment, hearing could then be held at this meeting following such passage, and the two applications, which are somewhat of an emergency to the applicants, could be disposed of at this meeting. There followed a discussion of the present procedure and responsibility for notifying surrounding property owners of public hearing before the City Council. Judge C. B. Neel, attorney for one of the applicants referred to, felt that the pro- posed amendment was perfectly fair and urged it's immediate passage. He explained • • City of Corpus Christi, Texas Regular Council Meeting September 2, 1964 Page 7 that his client had applied for and received his Railroad Commission permit to drill his well, moved in his rig, and then discovered he was within the City limits; that it would be penalizing his client greatly and unduly to have to have his drilling rig stand idle while he waited for public hearing at a future date; and further that it means a lot to the City in taxes to have these wells drilled and more oil and gas brought in. Some of the Council were concerned with the size of the drilling blocks that would be finally approved by the Council and therefore felt it unwise to pro- vide that notice of hearing would be unnecessary where written waiver of notice by landowners within any specified distance of a proposed well site was filed. Motion by Blackmon, seconded by Roberts and passed that the proposed amend- ment to the Drilling Code under discussion be amended to provide that where the ap- plication shows that all of the land within 400' of the proposed well is under lease to the applicant and no building, house or public road is within 400' of the well, that no notice of hearing shall be necessary and a hearing may be held at any time after filing agreeable to the City Council. Motion by Wallace, seconded by de Leon and passed with Commissioner Black- mon voting "Nay," that the ordinance amending Sections 12-32 and 12-33 of Chapter 12 of the Corpus Christi City Code, 1958, read for the second time on August 26, 1964, be amended as follows: (1) Add the words "and Paid", in the second sentence of pro- posed Section D-1, Class V, Athletic Events, following the words "The percentage shall be reckoned", relating to percentage to be reckoned at the conclusion of each of the events; (2) Add the following sentence following the second sentence of pro- posed Section D-1, Class V, Athletic Events: "At the end of all events covered by the lease agreement, a recalculation shall be made and the adjusted payment shall be 5% on the total gate receipts, after taxes, for all events or a total of $210.00 per event for the total number of events, whichever is the greater. Final settlement shall be made at the end of the lease term on this basis." (3) Adding the words "by each party" regarding cancellation, withdrawal or substitution of two dates out of each 12 months lease period, and also adding the words "as authorized above", the entire last sentence of proposed Section D-1, Class V, Athletic Events, to read as follows: "From and after the execution of the lease the lessee shall be responsi- ble for the basic rental for each of the dates specified in said lease, whether used City of Corpus Christi, Texas Regular Council Meeting September 2, 1964 Page 8 or not on said dates (except those dates, not exceeding two by each party, cancelled as authorized above) and the advance payment for the rental of the last date shall be applied on the obligation of the lessee". City of Corpus Christi, Texas Regular Council Meeting September 2, 1964 Page 9 ORDINANCE NO. 7343 • RECEIVING AND ACCEPTING THE CONSTRUCTION OF CONCRETE RETARDS FOR THE SCHANEN DRAINAGE DITCH APPLICABLE TO PROJECT NO. 295-61-37, AS CONSTRUCTED BY THE CON- TRACTOR, SLOVAK BROTHERS, UNDER THEIR CONTRACT DATED 8 JULY 1964, AUTHORIZED BY ORDINANCE NO, 7276; AUTHORIZING PAYMENT OF FINAL ESTIMATE NO. 1 DATED 27 AUGUST 1964 IN THE AMOUNT OF $3,770.00, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, SAID PAYMENT TO BE MADE FROM NO. 295 STORM SEWER BOND FUNDS PREVIOUSLY APPROPRIATED; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote Mayor Barnard, Commissioners Young, Blackmon, de Leon, Roberts and Wallace, present and voting "Aye." Commissioner Maldonado, absent. The foregoing ordinance was passed by the following vote Mayor Barnard, Commissioners Young, Blackmon, de Leon, Roberts and Wallace, present and voting "Aye." Commissioner Maldonado, absent. ORDINANCE NO. 7344 APPROPRIATING OUT OF N0. 295 STORM SEWER BOND FUND THE SUM OF $4,255.00, OF WHICH AMOUNT $4,130.00 IS FOR ACQUISITION OF RIGHT OF WAY FOR. PARCELS NO. 2,8 AND 9, BEING MORE FULLY DESCRIBED HEREINAFTER, AND $125.00 IS FOR TITLE EXPENSE, RECORD- ING FEES AND RELATED COSTS THERETO, ALL APPLICABLE TO PROJECT N0. 295-61-17, THOMPSON ROAD - WILLIAMS DITCH; 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 SAID RIGHT OF WAY; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following votes Mayor Barnard, Commissioners Young, Blackmon, de Leon, Roberts and Wallace, present and voting "Aye." Commissioner Maldonado, absent. The foregoing ordinance was passed by the following vote: Mayor Barnard, Commissioners Young, Blackmon, de Leon, Roberts and Wallace, present and voting "Aye." Commissioner Maldonado, absent. ORDINANCE NO. 7345 AMENDING CHAPTER 12 OF THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, BY AMENDING SECTIONS 12-32 AND 12-33 OF SAID CODE SO AS TO PROVIDE A SPECIAL CLASSIFICATION AND RENTAL SCHEDULE FOR ATHLETIC EVENTS WHEN BOOKED FOR EIGHT (8) DAYS OR MORE DURING A TWELVE (12) MONTH PERIOD BY A LESSEE AND PAYMENT OF THE FIRST AND LAST MONTHS BASIC RENTAL; PROVIDING FURTHER PROVISIONS RELATING TO SAID CLASSIFICA- TION AND RATE. The foregoing ordinance was read for the third time and passed finally by the following vote: Mayor Barnard, Commissioners Young, Blackmon, de Leon, Roberts and Wallace, present and voting "Aye." Commissioner Maldonado, absent. SECOND READING OF AN ORDINANCE AMENDING ORDINANCE N0. 2578, PASSED AND APPROVED ON TRE 16TH DAY OF AUGUST, 1949, AND GENERALLY REFERRED TO AS "THE PLUMBING CODE", INCLUDING THE AMENDMENTS THERETO, BY AMENDING THAT PORTION OF SECTION 604, SUB- SECTION (a) OF CHAPTER 6 OF SAID ORDINANCE TO PROVIDE A CHANGE IN THE FEE SCHEDULE SO AS TO PROVIDE A MORE EQUI.'TABLE PERMIT FEE FOR THE INSTALLATION OF LAWN SPRINKLER AND IRRIGATION SYSTEMS; PROVIDING A SAVINGS CLAUSE; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR PUBLICATION. • City of Corpus Christi, Texas Regular Council Meeting September 2, 1964 Page 10 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, Roberts and Wallace, present and voting "Aye." Commissioner Maldonado, absent. ORDINANCE NO. 7346 AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, A CONTRACT FOR IMPROVEMENT OF A PROPOSED STREET IN OCEAN DRIVE ADDITION, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, WITH HARRY E. REESE AND WIFE, MILDRED JUNE REESE, RENEWING AND EXTENDING A MECHANIC'S AND MATERIALMAN'S LIEN GRANTED TO THE CITY OF CORPUS CHRISTI 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 EMERGENCY. The Charter rule was suspended by the following vote: Mayor Barnard, Commissioners Young, Blackmon, de Leon, Roberts and Wallace, present and voting "Aye." Commissioner Maldonado, absent. The foregoing ordinance was passed by the following vote: Mayor Barnard, Commissioners Young, Blackmon, de Leon, Roberts and Wallace, present and voting "Aye." Commissioner Maldonado, absent. ORDINANCE NO. 7347 AMENDING THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, BY AMENDING SECTION 24-45 SO AS TO PROVIDE THAT NO NOTICE IS NECESSARY UNDER CERTAIN CIRCUMSTANCES AND THAT THE COUNCIL UNDER SUCH CIRCUMSTANCES MAY HOLD A HEARING AT ANY TIME; AMENDING SECTION 24-46 ELIMINATING THE REQUIREMENT OF NOTICE WHERE UNNECESSARY UNDER SECTION 24-45; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Mayor Barnard, Commissioners Young, Blackmon, de Leon, Roberts and Wallace, present and voting "Aye." Commissioner Maldonado, absent. The foregoing ordinance was passed by the following vote: Mayor Barnard, Commissioners Young, Blackmon, de Leon, Roberts and Wallace, present and voting "Aye." Commissioner Maldonado, absent. • • City of Corpus Christi, Texas Regular Council Meeting September 2, 1964 Page 11 Jack Pedigo, speaking for Bob Kenney, who is employed by the City Park & Recreation Department and is also chairman of the South Texas A.A.U., the sponsor- ing organization for most amateur athletics in the United Stated, explained that in the past the A.A.U. has sanctioned various events in the Coliseum each year, such as the Golden Gloves events, twirling, the Lorelei of the Y.W.C.A., etc., and urged that the Council provide for use of the Coliseum by A.A.U. sanctioned or sponsored teams or events at a reduced rental; and added that the use would not be in conflict with Mr. Hamric who is a professional promoter. City Manager Whitney suggested that this request be referred to the Park Board which is presently considering expanding the special rate to include such things, and it was so directed. City Manager Whitney presented Item "g" of the City Manager's Reports, as follows; (1) Application of B. C. Garnett and Arnold 0. Morgan for permit to drill a well in the Saxet Field, A. B. & M. Survey No. 416, A-552, Nueces County; and (2) Application of Charles A. Daubert for permit to drill a well in H. B. Sheppard Farm Lot No. 10, Saxet Field, Nueces County. Motion by Blackmon, seconded by Young and passed that hearings be held on these two applications at this time. City Manager Whitney stated that both of the applications comply with the provisions and requirements of the Drilling Code as now amended, both are accompan- ied by copy of the Railroad Commission Permit, certificates of insurance, and check for the required fee. It vas noted that Judge C. B. Neel, attorney representing Charles A. Daubert, was present in support of this application. There was no objection to either of the foregoing applications. Motion by Wallace, seconded by Blackmon and passed that the hearings on these two applications be closed. Motion by Roberts, seconded by Young and passed that the application of B. C. Garnett and Arnold 0. Morgan for permit to drill a well in the Saxet Field, A. B. & M. Survey No. 416, A-552, Nueces County, be granted. Motion by Blackmon, seconded by Young and passed that the application of Charles A. Daubert for permit to drill a well in H. B. Sheppard Farm Lot No. 10, Saxet Field, Nueces County, be granted. City of Corpus Christi, Texas Regular Council Meeting September 2, 1964 Page 12 Mrs. Dorothea Collins, 1057 Vaky, stated that she and her son bought the property at 4346 South Alameda; that the sign on the property, their real estate agent, and the person they purchased from all stated it was zoned for business; that she was told by the Zoning & Planning Department that the property vas zoned "B-40 subject to an 8 -foot fence; that they applied for and were refused a permit to move their menswear store into the exist/hag building on the property; that they applied for and were denied permission to occupy the building as a business by the Board of Adjustment on the grounds that the Board did not have jurisdiction in this matter; that she vas told by Mr. Singer that it was his opinion that all she would be allowed to do vith the existing building was live in it; that both Mrs Singer and Mr. Lake told her that at the time this property was platted there was an agree- ment that this house be either destroyed or removed, but that Mr, Lawrence Berger, representing the former property owner, says this is not so; that she had planned no new construction nor any major alterations for her business use of the property; that she could not see that the 100 -foot setback line from Alameda which she vas informed had been imposed at the time of the re -zoning of the property could apply since the building existed at the time and was not new construction; that she could not afford to have the building moved back; that she would have to use the house as her residence, add on to the garage and use as her store, but that this would not be nearly as attractive in the neighborhood as their plans for utiliz- ing the existing building. Mrs. Collins asked if since she was going to have to use the building as her residence, if she vas not entitled to the protection of an 8 -foot fence between her property and Joe Salem's jewelry store next door, and that he be required to direct his lights away from her home. Mayor Barnard informed Mrs. Collins that the City Attorney has advised the Council that there is no way the Council can grant her a permit for business use of the building unless she complies with the 100° setback requirement; that to do so would put the City in the position of having to defend an undefensible suit in Court; and that the Council can only impose conditions and restrictions at the time of granting a re -zoning. Morris White, realtor in this sale, stated that he was very much concerned as he had checked with both the Zoning & Planning Department and the Permit Section • City of Corpus Christi, Texas Regular Council Meeting September 2, 1964 Page 13 to ask specifically if Mrs. Collins could occupy this property for her business as an existing building and vas told that she could; and that he felt the Council was responsible for the accuracy of information supplied by City departments in these instances. Mayor Barnard requested the City Manager to provide a report for the Council in this matter, particularly as to the matter of the 100' setback require- ment apparently not having been pointed out from the beginning of inquiry so as to cause this difficulty, and how such a situation can be prevented in the future. Dave Lane, citizen of Corpus Christi, submitted in writing his plan for the gathering of rainfall by means of gutters on buildings and an elaborate system of pipes to provide more water for the City, which would also provide more employ- ment for construction of the system and maintenance of the pipes and gutters. He complained of what he termed the recent crackdown in the City; asked if the Council was going to allow itself to be dictated to by the Police Chief, that the citizens vere not going to tolerate it; that if you get a traffic ticket for speeding, you can't cross-examine a little black box; that he had investigated ordinances of various states and that most cities have a 10 or 15 m_1e leeway for speedometer error. (Council Dchibit #8)0 Mayor Barnard stated he assumed Mr. Lane was referring to the radar unit; that the Council will continue to encourage respect and obedience for the law; that there have been too many deaths due to speeding cars in this City; and that the Council would like to keep its citizens alive. There being no further business to come before the Council, the meeting was adjourned.