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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. • 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. • 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. • • 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. • 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 • • 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 • 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 ryit 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, • 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.