HomeMy WebLinkAboutMinutes City Council - 09/16/1964CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
September 16, 1964
2:00 p.m.
PRESENT;
Mayor James L. Barnard
Mayor Pro Tem Jim Young
Commissioners:
Jack R. Blackmon City Manager Herbert W. Whitney
J. R. de Leon City Attorney I. M. Singer
M. P. Maldonado City Secretary T. Ray Kring
W. J. Roberts
W. H. Wallace, Jr.
Mayor James L. Barnard called the meeting to order.
The Invocation was given by the Reverend Joe Brumblelow, Pastor of Bethel
Baptist Church.
City Secretary T. Ray Kring called the roll of those in attendance.
Motion by Maldonado, seconded by Roberts and passed that the minutes of
the regular meeting of September 9, 1964, at 2 p.m., and of the specialmeeting
of the same day at 4 p.m. be approved as furnished to the Council.
Mayor Barnard read and presented the following proclamations: CONSTITUTION
WEEK in Corpus Christi, September 17 - 23, 1964, accepted by Mrs. Hogarty for her-
self and Mrs. Morris Tonroy, representing the local chapters of the D.A.R., and Mr.
Keech of the Civitan Club; AMERICAN INSTITUTE OF BANKING WEEK in Corpus Christi,
September 21 - 26, 1964, accepted by Mr. Hartford Harding, representing the local
chapter of the American Institute of Banking; PITTSBURGH PLATE GLASS COMPANY WEEK in
Corpus Christi, September 20 - 27, 1964, accepted by Mr. Stanley J. Hultman, Works
Manager of Pittsburgh Plate Glass Company, Chemical Division, accompanied by Mr.
O. N. Stevens, Acting City Manager of Corpus Christi at one time and the original
Works Manager who was largely responsible for this company locating here thirty
years ago. Mr. Hultman extended an invitation for the Council and all the citizens
of Corpus Christi to attend the Company's Open House on September 26th on the com-
pany's thirtieth anniversary to honor the approximately sixty-three employees who
started with the company and are still employed there.
Mayor Barnard announced the opening of bids.
Bids were opened and read on the construction of Chippewa Street, Osage
Street to Eleanor Street; Cosner Street, Tweet Street to Lexington Boulevard; and
Brawner Parkway, Fort Worth area, from the following: FOWCO Construction Co.;
Heldenfels Brothers; South Texas Construction Co.; and Womack & Manning.
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City of Corpus Christi, Texas
Regular Council Meeting
Amt 16, 1964 .0-rT,u
Page Z
The foregoing bids were tabled for 48 hours, and referred to the City
Manager for tabulation and recommendation.
Mayor Barnard recognized Commissioner de Leon for the purpose of making a
report to the Council on his recent trip to Washington, D. C., as official repre-
sentative of the City at the Conferences on September 9th and 10th with members of
The President's Task Force on Economic Opportunity. He was accompanied by Sheridan
C. Lewis, Chairman of Community Committee on Youth Education and Job Opportunities;
Gilbert Herrera, Youth Development Staff, Corpus Christi Independent School District,
and Executive Secretary of the Community Committee; and Wilfrid M. Calnan, Director
of City -County Welfare Division, and First Vice -Chairman of Community Committee.
Commissioner de Leon distributed a five-page written report to the Mayor
and City Council, signed by himself and Wilfrid M. Calnan, and a three-page
summary of Public Law 88-462, Economic Opportunity Act of 1964. The report covered
purposes of the Conference, findings, intent of legislation and its provisions in
general, the position of Corpus Christi and Nueces County, and recommendations.
Commissioner de Leon pointed out that under provisions of the legislation, one-
third, or $300,000,000 of the Federal appropriation will be allotted for direct
allocation to local communities for establishment and operation of Community
Action Programs; that Community Action Plans will be financed 90% by Federal
funds with the local community matching 10% in money, in services, or in build-
ings for the first year, and on a 50-50 participation the second year; that this
community is in a very favorable position to receive assistance to solve the
problems of poverty since we have a Community Committee on Youth Employment and
Job Opportunities which is representative of all segments of our community, which
was originally organized to combat the "school drop-out" problem; that the accent
is on education; and that strong interest was expressed in the South Texas Area
because of the opportunity for developing bilingually trained citizens for the
advancement of constructive relations with the South American countries.
Mayor Barnard expressed appreciation to Commissioner de Leon for his attend-
ance at these Conferences and the hope that the Community will be able to imple-
ment the program and provide great opportunities through education for the improve-
ment of the living conditions of a great many citizens of this community and thereby
for the community as a whole.
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City of Corpus Christi, Texas
Regular Council Meeting
September 16, 1964
Page :i
Mayor Barnard called for the City Manager's Reports.
Motion by Young, seconded by Maldonado and passed that the City Manager's
Reports be accepted, and the recommendations and requests, with the exception of
Item "f" relative to Interim Zoning Permits which was considered separately, be
approved and granted, as followse
a. That award of contract for the construction of Cullen Ditch Dam and
Pump Station to South Texas Construction Company in the sum of $13,375.00 be
approved; and that funds in the amount of $15,000.00 be appropriated for this pro-
ject; and that reimbursement in the sum of $55.00 to No. 109 Sewer Fund covering
cost of repair and rehabilitation of a pump and motor furnished by the Sewer
Division, be approved;
b. That authority to advertise for bids to be received on September 30,
1964, on 20 assorted sizes of Bronze Gate Valves, be granted;
c. That the plans and specifications for construction of the S. L. Allison
Sewage Treatment Plant, approved by the U. S. Public Health Service and the State
Health Department, be approved; and authority to advertise for bids to be received
on October 14, 1964, be granted;
d. That the date of October 7, 1964, during the regular meeting, be set
for public hearing on two zoning cases;
e. That in connection with the application of Cities Service Oil Company
for permits to continue to drill and/or operate 12 existing wells in Corpus Christi
Bay and Nueces County Bay areas within the City limits, the 120 -day provision in
the Drilling Ordinance for making such application be waived, and permits to drill
and/or operate the following existing wells be granted; Well No. 3, State Tract 9;
Well No. 4, State Tract 9; Well No. 1, State Tract 10; Well No. 1, State Tract 14;
Well No. 2, State Tract 14; Well No.. 1, State Tract 15; Well No 2, State Tract 16;
Well No, 1, State Tract 61; Well No. 1, State Tract 71-B; Well No. 1, State Tract 72-B;
Well No. 3, State Tract 751; and Wei'i No. 4, State Tract 751.
Item "f" relative to five requests for Interim Zoning Permits was considered
separately, as stated in the motion above.
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City of Corpus Christi, Texas
Regular Council Meeting
September 16, 1964
Page 4
Motion by de Leon, seconded by Young and passed that the recommendations
of the Zoning & Planning Commission be concurred in with respect to the five re-
quests for Interim Zoning Permits, and the requests be granted or denied as follows:
#61-42, R. E. Nichols, to remove burned house, trailer house and wrecked
cars and replace with a 36' x 26' residence on Lot 4, Surfside Addition, at 302%
Laguna Shore Road, be approved;
#61-43, W. L. Bates, to erect a 30' x 40' wood frame building on pilings
above the water for a ranger station on Lot 1, Western Shores Addition, at 4125
Laguna Shores, be approved;
#62-118, Jessie W. Akin, to replace old trailer with new 10' x 50' mobile
home on Tract 13, Nueces Acres #2, at 11705 Mallard Drive, be approved;
#62-119, Gary L. Hale, to locate a 10' x 60' trailer and erect a 10' x 30'
carport and 8' x 50' porch to replace existing trailer on Lot 1B, W. R. Griffin
"Bluebonnett" Subdivision, at 4515 Magee Lane, be approved; and
#61-41, Mrs. Harold D. Walrath, Sr., to locate a 20' x 42' mobile home to
be used as a permanent one -family dwelling on Lot 7, Block 3, Flour Bluff Heights,
at 506 Skipper Lane, be denied.
ORDINANCE N0. 7351
AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS
CHRISTI, TO EXECUTE A CONTRACT WITH SOUTH TEXAS CONSTRUCTION COMPANY FOR CONSTRUC-
TION OF THE CULLEN DITCH DAM AND PUMP STATION, APPLICABLE TO MINOR STORM SEWER
PROJECT N0. 295-64-44; APPROPRIATING OUT OF NO. 295 STORM SEWER BOND FUNDS THE SUM OF
$15,000, OF WHICH AMOUNT $13,375 IS FOR THE CONSTRUCTION CONTRACT AND $1,625 IS
FOR CONTINGENCIES INCLUDING ENGINEERING, LABORATORY TESTING AND LEGAL ADVERTISING
COSTS; AUTHORIZING REIMBURSEMENT TO N0. 109 SEWER FUND THE SUM OF $55 FROM FUNDS
HEREBY APPROPRIATED, REPRESENTING REHABILITATION COSTS OF MOTOR AND PUMP TO BE
INSTALLED IN CONNECTION WITH THIS PROJECT; AND DECLARING AN EMERGENCY.
The Charter rule was suspended by the following vote: Mayor Barnard,
Commissioners Young, Blackmon, de Leon, Maldonado, Roberts and Wallace, present
and voting "Aye."
The foregoing ordinance was passed by the following vote: Mayor Barnard,
Commissioners Young, Blackmon, de Leon, Maldonado, Roberts and Wallace, present
and voting "Aye."
ORDINANCE N0. 7352
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, BY AMENDING THE ZONING MAP BY CHANGING THE ZONING OF ALL OF LOT 1, BLOCK
35, DEL MAR ADDITION IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM
"R -1B" ONE FAMILY DWELLING DISTRICT TO "AB" PROFESSIONAL OFFICE DISTRICT; KEEPING
IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING
ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY.
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City of Corpus Christi, Texas
Regular Council Meeting
September 16, 1964
Page 5
The Charter rule was suspended by the following vote: Mayor Barnard,
Commissioners Young, Blackmon, de Leon, Maldonado, Roberts and Wallace, present
and voting "Aye."
The foregoing ordinance was passed by the following vote: Mayor Barnard,
Commissioners Young, Blackmon, de Leon, Roberts and Wallace, present and voting
"Aye," Commissioner Maldonado voted "Nay."
ORDINANCE NO. 7353
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 THE ZONING MAP BY CHANGING THE ZONING OF ALL OF LOTS L & M,
BLOCK 28, BASS SUBDIVISION IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS,
FROM "R -1B" ONE FAMILY DWELLING DISTRICT TO "B-1" NEIGHBORHOOD 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, Roberta 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. 7354
CLOSING THAT PORTION OF AVENUE B BETWEEN BLOCKS 14 AND 19, FROM 3RD STREET THROUGH
LOT 10 IN BLOCK 14 AND LOT 4 IN BLOCK 19; CLOSING THE ALLEY IN BLOCK 14, THE ALLEY
IN BLOCK 13 AND THE ALLEY IN BLOCK 19, ALL IN CALALLEN TOWNSITE, NOW A PART OF
THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS; RETAINING THE EASEMENT IN THAT
PORTION OF AVENUE B TO BE CLOSED; AND DECLARING AN EMERGENCY.
The Charter rule was suspended by the following vote: Mayor Barnard,
Commissioners Young, Blackmon, de Leon, Maldonado, Roberts and Wallace, present
and voting "Aye."
The foregoing ordinance was passed by the following vote: Mayor Barnard,
Commissioners Young, Blackmon, de Leon, Maldonado, Roberts and Wallace, present
and voting "Aye."
ORDINANCE NO. 7355
AMENDING AN AGREEMENT AUTHORIZED IN AN ORDINANCE ADOPTED AUGUST 12, 1964 AND
NUMBERED 7315 AND ENTITLED "AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY
MANAGER TO EXECUTE AND DELIVER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI,
AN AGREEMENT WITH CORPUS CHRISTI BANK AND TRUST COMPANY, A TEXAS CORPORATION,
City of Corpus Christi, Texas
Regular Council Meeting
September. 16, 1964
Page 6
PROVIDING FOR THE BEAUTIFICATION OF THE SIDEWALK AREA BY THE PLANTING OF TREES
ON THE LEOPARD STREET SIDE OF THE BANK'S PROPERTIES A COPY OF WHICH AGREEMENT IS
ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY," BY AUTHORIZ-
ING PLANTING ON TANCAHUA STREET AS WELL AS ON LEOPARD STREET; AND DECLARING AN
EMERGENCY.
The Charter rule was suspended and 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. 7356
AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF
CORPUS CHRISTI, TO EXECUTE CONTRACTS FOR IRRIGATION WATER USING THE ESTABLISHED
RATES FOR SUCH WATER SERVICE; AND DECLARING AN EMERGENCY.
The Charter rule was suspended by the following vote: Mayor Barnard,
Commissioners Young, Blackmon, de Leon, Maldonado, Roberts and Wallace, present
and voting "Aye."
The foregoing ordinance was passed by the following vote: Mayor Barnard,
Commissioners Young, Blackmon, de Leon, Maldonado, Roberts and Wallace, present
and voting "Aye."
In connection with the third and final reading of an ordinance granting
to Nueces Transportation a 5 -year franchise for operating omnibuses in the City,
the following amendments were proposed:
Motion by Young, seconded by de Leon that Section 5 be amended to add the
following: "Should the Grantee discontinue any route once designated, such route
shall not be reinstated without prior approval of the City Council after public
hearing. A consolidation in routing or a change in routing shall not be considered
as a discontinuance."
Motion by Young, seconded by de Leon that Section 17 be amended to read
as follows: "This grant shall not be construed to be an exclusive grant and
franchise of the carrying of passengers for hire, but the City will exercise its
regulatory powers to give reasonable protection to the Grantee against unfair
competition which would tend to prevent the Grantee from maintaining adequate ser-
vice as an economical operation."
Ray Grandy spoke in opposition to granting a franchise for five years in
an expanding city and a contracting bus service. He pointed out that other growing
Texas cities have had to take over the public transportation in order to provide
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City of Corpus Christi, Texas
Regular Council Meeting
September 16, 1964
Page 7
adequate bus service in line with the growth of the city; urged tnat the franchise
be granted for only one year, during which time the situation be studied and in-
vestigated closely to see if the City cannot be better served by a City operation,
by the purchase of air conditioned buses, by extending the mileage and maybe even
reducing the fares. He emphasized that he was not suggesting the City buy out the
company as he did not think they had anything to sell, not good will and not their
old buses.
Commissioner Blackmon felt that Section 13 provides for public hearing to
determine whether the bus schedules filed are adequate to meet the needs of the
people, but that nowhere in the ordinance does it provide for any obligation on
the part of the company to provide reasonable bus service, and that the granting of
the granchise should be in exchange for the company's being obligated to provide
reasonable bus service.
Motion by Blackmon, seconded by Maldonado that Section 1 be amended to
add the provision of the company being obligated to provide reasonable bus service
to the City.
Commissioner Blackmon pointed out that during the time the franchise has been
under consideration, the bus company has curtailed the service rather sharply to
two areas of the City, which is an indication of what can happen.
Motion by Blackmon, seconded by de Leon that the franchise be granted for
one year instead of for five years.
The matter of the term of the franchise was discussed and the provision
giving the bus company the right to cancel upon 30 -days prior written notice at
the end of one year. Commissioner Roberts felt that a one-year franchise was no
encouragement to the bus company to invest in any upgrading of their equipment or
expansion of mileage; that he would be inclined to feel the bus company very
obviously did not intend to upgrade the bus service if they requested only a
one-year franchise, but that the original request had been for one year with the
option to extend for five years. Mayor Barnard felt that the bus company has
served the City for approximately thirty years and has demonstrated that it is
trying to provide a service to the people; that the changing times to where
automobiles are the basic mode of travel, the improvements to the streets, and to
City of Corpus Christi, Texas
Regular Council Meeting
September 16, 1964
Forge b
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the handling of traffic have all contributed to the lack of regular use of buses;
and that a five-year franchise is more reasonable in view of any hope of invest-
ment by the bus company in new or improved buses. Commissioner Wallace felt this
franchise comes close to being a unilateral agreement with the City only agreeing
that the company may continue to operate the bus service, whatever it is; that he
didn't think the City should have the purchase of the bus company as the only
alternative in this matter; and suggested that a two-year franchise might better
serve the interest of the citizens to see what the company does to improve the
situation.
Commissioners Blackmon and de Leon both agreeito the change in the motion
from one year to two years instead of for five years.
Ken Cason, representing the bus company, pointed out that in previous talks
the Council and the bus company seemed to be in agreement to try to work out this
bus situation; that cutting back night runs and holiday and Sunday service had
helped some; that after many conferences, by re -scheduling bus routes the company
had apparently satisfied the protests of the Beach people and the Navy; and that
he felt the company was providing reasonable service in that the company had
restored routes as requested by the Mayor and Council.
Mayor Barnard called for roll call votes on each of the foregoing motions.
Voting on the motion that the franchise be granted to Nueces Transporta-
tion Company for two years instead of for five years, Young, Blackmon, de Leon,
Maldonado, and Wallace voted "Aye," and Barnard and Roberts voted "Nay," and
the Chair declared the motion to amend the franchise to two years instead of
five years had passed.
Voting on the motion to amend Section 1 to provide for the bus company
being obligated to provide reasonable bus service to the City of Corpus Christi,
Barnard, Young, Blackmon, de Leon, Maldonado, Roberts, and Wallace all voted
"Aye," and the Chair declared the motion had passed.
Voting on the motion to amend Section 5 to add that should the Grantee
discontinue any route once designated, such route shall not be reinstated without
prior approval of the City Council after public hearing, and that a consolidation
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City of Corpus Christi, Texas
Regular Council Meeting
September 16, 1964
Page 9
in routing or a change in routing shall not be considered as a discontinuance,
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Barnard, Young, Blackmon, de Leon, Maldonado, Roberts, and Wallace all voted
"Aye," and the Chair declared the motion had passed.
Voting on the motion to amend Section 17 to provide that this grant shall
not be construed to be an exclusive grant and franchise of the carrying of pass-
engers for hire, but the City will exercise its regulatory powers to give reason-
able protection to the Grantee against unfair competition which would tend to
prevent the Grantee from maintaining adequate service as an economical operation,
Barnard, Young, Blackmon, de Leon, Maldonado, Roberts, and Wallace all voted
"Aye," and the Chair declared the motion had passed.
Mayor Barnard called for the third and final reading of the ordinance
under discussion as amended.
ORDINANCE NO. 7357
GRANTING TO NUECES TRANSPORTATION COMPANY, A CORPORATION, A FRANCHISE FOR A
PERIOD OF TWO (2) YEARS, FOR THE PURPOSE OF OPERATING OMNIBUSES OVER THE STREETS
AND PUBLIC THOROUGHFARES OF THE CITY OF CORPUS CHRISTI, TEXAS, PROVIDING FOR
COMPENSATION AND A FIXED ANNUAL CHARGE IN ACCORDANCE WITH THE CHARTER OF THE
CITY, SECURING EFFICIENCY OF SERVICE AND REASONABLE RATES.
The foregoing ordinance was read for the third time and passed finally
by the following vote: Mayor Barnard, Commissioners Young, Blackmon, de Leon,
Maldonado, Roberts and Wallace, present and voting "Aye."
Mayor Barnard called for the first reading of an ordinance closing the
alley in Block 387, Brooklyn Addition, and pointed out that the proposed closing
is conditioned on the keeping of the beach area abutting the lots in Block 387
open to the public at all times, on the starting of construction of the improve-
ments in the nature of motel facilities within one year and proceeding with the
construction with diligence, and with the provision that if the City should in
the future purchase any of the property abutting this alley, the City will not
be required to pay for the alley, but only for any improvements within the alley.
The closing of the alley was discussed at length. Commissioner de Leon
feltthe abutting property owners do not have any definite plans for development,
that they are claiming some rights to the beach area, and that this closing
might hinder any possible plans for development of the area through the Corps of
City of Corpus Christi, Texas
Regular Council Meeting
September 16, 1964
Page 10
Army Engineers. Mayor Barnard reminded Mr. de Leon that the plans for develop-
ment had been submitted to the Council, that the City Staff has no plans for
development in this general area in the foreseeable future, that the conditions
and restrictions are ample protection for the public, and that this was an opportunity
for upgrading and development of Beach area by private enterprise. Mayor Fro Tem
Young felt the matter before the Council was a request to close the alley and that
the matter of fences on the beach and whether or not the lands are public or private
property is subject to Court ruling, and that the Council should consider only the
issue of whether or not to grant the request to close the alley and not try to tie
in other issues.
FIRST READING OF AN ORDINANCE CLOSING THE ALLEY IN BLOCK 387, BROOKLYN ADDITION TO
THE CITY OF CORPUS CHRISTI EXTENDING FROM 32ND STREET, ALSO KNOWN AS WOODROW STREET,
NORTHEASTERLY TO A TRACT NORTH OF AND ADJACENT TO BLOCK 387, BROOKLYN ADDITION TO
THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, SUBJECT TO CERTAIN CONDITIONS AND
PERFORMANCE OBLIGATIONS; AUTHORIZING THE CITY MANAGER TO EXECUTE A QUITCLAIM DEED
UPON COMPLIANCE WITH CERTAIN CONDITIONS.
The foregoing ordinance was read for the first time and passed to its
second reading by the following vote: Mayor Barnard, Commissioners Young,
Roberts, and Wallace, present and voting "Aye," Commissioners Blackmon, de Leon,
and Maldonado, voted "Nay."
The Chair declared the foregoing ordinance has passed to its second reading
by a vote of 4 to 3.
Mrs. Dorothea Collins appeared in respect to the matter of her occupancy
of property on South Alameda. Commissioner Blackmon stated that he was very much
in sympathy with Mrs. Collins' problem and that he was trying to help her, but
that due to absence from the City, he had not yet had an opportunity to review
the reports he had requested from the City Manager.
There being no further business to come before the Council, the meeting
was adjourned.