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HomeMy WebLinkAboutMinutes City Council - 10/28/1964PRESENT: Mayor James L. Barnard Mayor Pro Tem Jim Young Commissioners; Jack R. Blackmon M. P. Maldonado W. J. Roberts W. H. Wallace, Jr. CITY OF CORPUS CHRIST., TEXAS REGULAR COUNCIL MEETING October 28, 1964 2:00 p.m. City Manager Herbert W. Whitney City Attorney 1. M. Singer Ass't City Att'y Robert E, Young City Secretary T. Ray Kring Mayor James L. Barnard called the meeting to order. The Invocation was given by Commissioner Jack R. Blackmon in the absence of a guest Chaplain, City Secretary T. Ray Kring called the roll of those in attendance. Motion by Blackmon, seconded by Maldonado and passed that the absence of Commissioner de Leon be excused for cause. Motion by Maldonado, seconded by Roberts and passed that the minutes of the regular meeting of October 21, 1964, be approved as furnished to the Council. Mayor Barnard recognized and welcomed to the meeting as special guests of the Council, representatives of the Student Council of Baker Junior High School, and their sponsor, Mr. Harrison; and Mayor Fro Tem Jim Young presented Certificates of Attendance designating as Honorary Junior City Commissioners, the following: Don Knudson, Bill Boaz, Judy Meuth, Gwen Byles, Jack Miller, and Martha Duncan. Mayor Barnard welcomed and introduced Mrs. Wayne P. Meehleib, grand- daughter of Mr. & Mrs. Sam Stokes of this City, who is leaving to join her husband serving in the U.S. Army stationed near Yokosuka, Japan, and. presented her with a letter of greeting to Mayor Nagano of our Sister City. Elmer Pope, Chairman of the Sister City Commee, reported receipt of a reply to his invitation, that former President Eisenhower will be unable to stop over in our City on his way to the meeting in Mexico City in connection with the People -to -People Program, due to his crowded schedule. Mayor Barnard read proclamations relative to the following: VETERANS DAY, November 11, 1964, to be mailed to Mr. Gerald Taber, Cmdr., Nueces County Council V.F.W.; LITE INSURANCE WEEK in Corpus Christi, November 2 through 8, 1964, to be sent to Bob O'Neal., Secretary of C.C. Association of Life Underwriters; and HEART EDUCATION WEEK in Corpus Christ'_, November 2 through 8, 1964, accepted by Dr. Norman Renfro, President of Heart Association, and Dr. Herbert Madalin. • • City of Corpus Christi., Texas Regular Council Meeting October 28, 1964 Page 2 Mayor Barnard announced the opening of bids. Bids were opened on the construction of Leopard Street Improvements at Leopard and Port Avenue, from the following o Fowco Construction Co.; King Con- struction Co,; and H. D. Zachry Construction Co, 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 recognized Mr. W. E. Ponder of the firm of Frazer and Torbet, Certified public Accountants, who presented his firm°s formal audit report of the City's finances. Mr, Ponder commented on several items observed during the firm's examination for the report, and made several recommendations, to the effect that the City's internal audit department should periodically review the records of con- cessionaires at the International Airport to assure that the City is being paid the correct amount based on gross income; that funds such as cash and personal checks for bail bonds, should not be retained in the office of the Clerk of Corporation Court but deposited in a special bank account and a record. kept of them, and after disposition of a case, a check should be drawn on this account for proper disposi- tion of the funds, and the City's internal audit department should make periodic checks to insure that proper procedures are being followed and funds properly accounted for at the proper time; and further, that due to the increasing volume of traffic tickets and collections at Corporation Court, that mechanized or elec- tronic accounting procedures be used to alleviate the condition and improve the efficiency and control of these items; that in view of unsatisfactory procedures in the Street and Sewer Divisions relative to timekeeping for payroll, vacation and overtime allowances, that a time clock be provided for the Sewer Division, and internal audit checks be made periodically to see that timekeeping procedures are uniformly followed in all departments in the City; that since expenditures from the Library Trust Fund can he made only after approval of the Library Board, that the accounting department should be furnished a copy of Library Board Minutes which authorize expenditures from the Trust fund before the expenditure is made; that in view of the very lax accounting control of fixed assets, particularly movable equip- ment, and the resulting incorrect reflection of the cost of many items in the records, it is imperative that a11equipment andreal property be :Listed, including descrip- • • City of Corpus Christi, Texas Regular Council Meeting October 28, 1964 Page 3 tion, date of acquisition, location, and actual cost and be reconciled with the fixed asset accounts in the general ledger control accounts and be maintained reg- ularly; and that the internal audit department is understaffed and needs strengthen- ing; but that with additional personnel and work space for the accounting depart- ment and the recommended revisions, the City will have an outstanding Accounting Department. Mr. Ponder stated that the City°s accounting system is excellent, and that it is the firm's opinion that adequate procedures are being followed to insure proper accounting for all the City's finances. In summation, he stated that the firm feels primarily that provisions should be made to alleviate the situation at the Corporation Court, and also that the internal audit staff should be strengthen- ed; that they need more personnel; they need more working space; that he was talking about spending City money, but that is the reason he wanted to make these comments at a public meeting such as this. Mayor Barnard announced the pending item of the application for abandon- ment of property lying east of Blocks 59, 60, 61 & 62, Brooklyn Addition, and the west right of way line of Timon Boulevard, on which public hearing was held October 21, 1964. Motion by Blackmon, seconded by Maldonado and passed that the application be denied. on the basis of the possibility of the City's acquiring the adjacent railroad property on abandonment of the track by the railroad. Mayor Barnard announced the pending item of the application for the closing of Prescott Street between 18th and 19th Streets at the Crosstown Express- way, on which public hearing was held October 21, 1964, Motion by Wallace, seconded by Roberts and passed that an ordinance be brought forward closing that portion of Prescott Street between 18th and 19th Streets at the Crosstown Expressway,, effective upon completion of construction of State Highway 286, and conditioned upon retaining the full width of the street for a utility easement. City Manager Whitney was requested to notify the Highway Department of the City°s intention in the foregoing matter, Mrs. Ma-ning, representing several of the property owners i.n the Prescott Street area, expressed. disappointment in the foregoing decision in view of their opposition to the closing. • City of Corpus Chr,sti, Texas Regular Council Meeting October 28, 1964 Page 4 Mayor Barnard called for the City Manager's Reports. Motion by Wallace, seconded by Maldonado and passed, with Commissioner Blackmon voting "Nay" on Item "f" only, relative to recommendations of the Traffic Safety Advisory Board with regard to parking on several streets, that Items "a" through "j" of the City Manager's Reports be accepted, and the recommendations and requests be approved and granted as submitted, as follows° a. That reimbursement of the General Fund for engineering charges applic- able to various bond projects in the amount of $28,477, representing actual costs for the period August 1 through October 15, 1964, be approved; and request for ap- propriations from Nos. 220, 207, 250, and 295 Bond Funds in the sum of $17,970 to supplement remaining balances of $10,507 previously appropriated, be granted; b. That reimbursement of the Water Fund for actual and estimated costs for relocating water lines within the Expressway right of way from and including Baldwin Boulevard to Port, be approved.; and that the request for appropriation from No. 220 Street Bond Fund in the amount of $69,957.64 be granted; c. That Change Order #1 in the amount of $1.,521.82 for force account charges for labor and equipment in connection with the construction of Navigation Boulevard Storm Sewer by Heldenfels Brothers, be approved,; d. That acceptance and payment of final Estimate #6 inthe amount of $10,501.41, representing the balance less $200 retainage fee, to Ainchberger Con- struction for construction of Fire Station No. 12 et Rand Morgan Road, be approved; e. That renewal of the contract with Thos. Y. Pickett & Company, Inc., in the amount of $5,700, for evaluation of oil and gas properties and pipelines for the City, School, and Water District taxing agencies for the taxable year 1964, be approved; f. That the recommendation from the Traffic Safety Advisory Board for the removal of parking on both sides of South Staples Street, from Gollihar south of Everhart to the north leg of Carmel Parkway, be approved; that the status quo of parking on Glazebrook east of Alameda be maintained; and. that the studies of the traffic flow be continued as to desirability or need of the traffic; signal at Alameda and Glazebrook. In eonneotion.with the foregoing item, City Manager Whitney informed the Council that he hoped to have something for discussion at Monday night's Work Shop • City of Corpus Christi, Texas Regular Council Meeting October 28, 1964 Page 5 on the matter of curbs and gutters adjoining the Wade property and that of Dr. Morgan; and following considerable discussion by tte Council, residents on Glaze - brook, and Virgil Howard, partner in Wade & Howard, owners of the Professional Build- ing corner of Glazebrook and Alameda, vith respect to the traffic and parking situa- tion on Glazebrook, Commissioner Blackmon moved that the motion on Item "f" be amended to appro',re the recommen ation for the removal of parking on both sides of South Staples as recommended ,;y the,Traffic Safety Advisory Board, and to table the Board's recommendations with respect to Glazebrook until after the Council's dis- cussion at Work Shop relative to the curbs and gutters. .This motion died for lack of a second. g. That authority to advertise for bids to be received on November 11, 1964, on 3 lots of several items of Irrigation Equipment, be granted; h. That authority to advertise for bids to be received on November 11, 1964, on 3 -wheel Motor Vehicles, be granted; j. That the date of Tuesday, November 17, 1964, at 7030 p.m. in the south concourse of the Coliseum, be set for joint hearing with the Zoning & Planning Commission on Text Changes to the Zoning Ordinance pertaining to Signs. Relative to Item "k" of the City Manager's Reports, Mayor Barnard, with the consent of the Council, announced a public hearing on the application of Atlantic Refining Company for a permit to drill Well No. 4, W. W. Walton Lease, Saxet Field, 300' east of the west line and 1560' north of the south line of the lease. City Manager Whitney displayed a section of the right of way map for Interstate Highway 37 and pointed out the proposed location of the well within a portion of the right of way and within the City limits; and stated that all of the necessary documents required by the ordinance have been submitted, and reported receipt of a letter from Harry Coon, Supervising Right of Way Engineer for Dis- trict Sixteen, State Highway Dept., that the permit be denied because of its in- terference with Highway travel and the danger to the traveling public. Mr. Whitney pointed out that the Railroad Commission has indicated it does not have the juris- diction to refuse a permit, since it is concerned with oil conservation, well spacing, and quotas; that the Attorney General's office has indicated no appearance • City of Corpus Christi, Testas Regular Council Meeting October 28, 1964 Page 6 in this matter since only the s r..a-e rights were involved in the right of way purchase by the State; and that it was his uaad,erstandtag that the well had been re- entered and was being drilled at the time the City notified the company of the re- quirement for a permit to drill this well. S. B. Graham, as a private citizen and member of the oil industry employ- ed by Mobil- Oil ^,ompatiy, commeatez tbat he had beer studying the procedure for granting of permit to drill iL officer to submit an application at next week's meet- ing and found it defies zoo1 intent in trying to obey the ordinance; and suggested the ordinance be .reviewed for clarification. Mr. Graham was informed that this is being done Fy the Oil & Gua Comm',.asi.on:, and that N;,'°. Arney, Chairman, would be glad to have his suggestions and recommendations in the matter. Commissioner Blackmon felt that if the Council has the power to grant the permit, they have the power to deny the permit; that the company had been in viola- tion of the ordinance in not applying for a permit before they commenced the drill- ing; that the granting of the permit was in the best interests of the applicant, but not in the best interests of tte citizens, since a successful completion of the drilling would cost the State more tax money to complete the construction of the Interstate Highway. City Attorney Singer stated that it was his opinion that since the State did not extinguish the mineral rights by compensation in this purchase of the sur- face rights, that the ordinance, in this instance, does not give the Council the power to deny the permit, as to dm so would be unonetitutional. Commissioner Wallace felt that the proper procedure should be for the Council to grart the permit and then, should the well be successfully completed, for the State to use whatever power it has to acquire the well., City Manger Whitney also pointed out that the application requested a variance to permit the use of earthen slush or mud instead of steel pits. No one else appeared to speak in connection with this application. Motion by Wallace, seconded by Roberts and passed that the hearing be closed. Motion by Wallace, seconded by Roberts and passed, with Blackmon voting "Nay," that the application of Atlantic Refining Company for permit to drill Well No. 4, W. W. Walton Lease, Saxet Field, be granted as applied for. City of Corpus Christi, Texas Regular Council Meeting October 28, 1964 Page 7 ORDINANCE NC. 7.397 APPROPRIATING OUT OF NO, 220 STREF BOND FUND THE SUM OF S70,000 TO COVER THE COST OF WATER LINE RELOCATION WITHIN THE RIGHT OF WAY OF THE STATE EXPRESSWAY No. 286, FROM AND INCLUDING BALDWIN BOULEVARD 'TD PORT AVENGE, DESIGNATED AS PROJECT NO. 220- 56-72, CONSTRUCTED BY C.DFI FORCES; AiiTHORIZING REIMBURSEMENT OUT OF THE HEREINABOVE APPROPRIATION FOR FUNDS EXPENDED OUT OF 141 WATER FUND; AND DECLARING AN EMERGENCY. The Charter rule vas suspended ard tte foregoing ordinance was passed by the following vote: Barnard, °,r.' g, Blackmon, Maldonado, Roberts, and Wallace all present and voting "Aye,'" and de aeon e;°adnt,. 1 r'�'�tJ.S1��:.1''�lir NO. 7398 RECEIVING AND ACCEPTING THE CONSTRUCTION OF FIRE STATION NO. 12, LOCATED AT RAND MORGAN ROAD, PROJECT NO. 212=53-14, AS PERFORMED BY THE CONTRACTOR, HINCHBERGER CONSTRUCTION COMPANY, UNDER THEIR CONTRACT DATED MAY 6, 1964, AUTHORIZED BY ORDIN- ANCE NO. 7224; AUTHORIZING PAYMEAT OF FINAL ESTIMATE NO. 6 DATED OCTOBER 10, 1964, A COPY OF WHICH IS ATTACHED HERETO, INTHE AMOUNT OF $].0,501.41, SAID PAYMENT BEING • 1'H 'h BALANCE DUE THE CONTRACTOR, LESS THE ESUM OF $200 WHICH IS RETAINED PENDING SAT- ISFACTORY COMPLETION AND TESTING OF' COMMUNICATIONS SYSTEM INSTALLATIONS; AND DE- CLARING AN Ef G1RAENCY. The Charter rule was 3us2ended and the foregoing ordinance vas passed by the following vote: Barnard., Young, B1arkmc, Maldonado, Roberts, and Wallace all present and voting "Aye," and de Leon absent. ORDINANCE N0.7399 CHANGING THE NAME OF' SURF DRIVE TO BAYSHORE-BAYCL1Ar DRIVE, SAID STREET BEING IN SHORELINE ESTATES, CORPUS CHRISTI, NUECES COUNTY, TEXAS; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Barnard, Young, Blackmon, Maldonado, Roberts, and Wallace all present and voting "Aye," and de Leon absent. ORDINANCE NO. 7400 AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI AOPTED ON THE 27TH DAY OF AUGUST, 1937, APPEARING OF RECORD IN VOLUME; 9, PAGES 565, ET SEQ, OF THE ORDIN- ANCE AND RESOLUTION RECORDS, AS AMENDED FROM T TO TIME, AND AFRTICULARLY AS A- MENDED BY ORDINANCE N0. 6106, AS AM'"'k',NDF:D;, BY AMENDING THE ZONING MAP BY CHANGING THE ZONING OF LOTS A, B & 0, BALLARD SUBDIVISION UNIT #2, 'FILED AND RECORDED ON JUNE 18, 1964, IN VOLUME 28, PAGE 25, MAP RECORD OF NUECES COUNTY, TEXAS, BEING THAT SAME PROPERTY ALSO DESCRIBED AS A 490° x 315° PORTION OF LOT 2, SECTION "A" PAISLEY'S SUBDIVISION OF THE HOFFMAN TRACT, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" ONE FAMILY LJ'TE'LLING DISTRICT TO "B-1" NEIGHBORHOOD BUSINESS DISTRICT; KEEPING IN EFFECT ALL OTHER PR.OV1SI0N5 OF 'TB1. EXISTING ORDINANCE AS AMENDED; REPEALING .ALL ORDINANCES IN CONFLICT HEREWITH AND DECLARING AN EMER- GENCY. The Charter rule was suspended and the foregoing ordinance was passed by the following vote; Barnard, Young, Blackmon, Maldonado, Roberts, and Wallace all present and voting "Aye," and de Leon absent. • City of Corpus Christi, Texas Regular Council Meeting October 28, 1964 Page 8 ORDINANCE NO. 7401 AUTHORIZING AND DIRECT/NG THE I1$ MANAGER TO EETCUTE FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TAS, AN A,3REEMENTAND CIT WITH TOM LAWRENCE, EMPLOYING SAID TOM LAWRENCE AS GOLF PROFESSIONAL AT A SALARY OF $200.00 PER MONTH AT TBE OSO MUNICIPAL GOLF COURSE $ PROVIDING FOR RENEOTIATION IN CASE OF CERTAIN coNTINGENcIEs; AND LEASING 20 HIM THE GOLF SHOP AND CAE LOCATED AT THE SAID MUNICIPAL GOLF COURSE FOR A PERIOD OF TWO YEARS FOR AND IN CONSIDERATIONOF THE COMPENSATION TO THE CITY OF 5% 0 ALL GROSS RECEIPTS DERIVED THEREFROM, AND UNDER THE TERMAND CONDITIONS OF SAID LEASE, A CF OF WHICH LEASE TS ATTACHED HERETO AND MACE A PART HEREOF; AND DECLARING AN aMERGENCE. Ile Charter rule was Fisperded and the foregoing ordinance was passed by the following voteBarnad, Young, Blabknon, Maldonado, Roberts, and Wallace all present a,id voting 'A's," and de Leon abser,t. RESOLUTION NO. 7402 TO PERMIT TSR' NANG:NG OF ESCUFIA HOGAR NO. 25 AFTKti THE CITY OF CORPUS CHRISTI AS AN ACT OF FRIENDSHIP AND HOPE FOR FUTURE EXCHANGE OF COMMENICATION BETWEEN THE COMMUN- ITY OF CURICO, oRria, AND THE CITY OP CORPUS CHRISTI. The laarter rale was suspended and the foregoing resolution was passed by the following vote: Barnard, young, Blackmon, Maldonado, Roberts, and Wallace all present and voting "Aye," and de Leon absent. ORDINANCE NO. 7403 APPROPRIATING THE SUM OF $17,970 OF WHICH AMOUNT $5,474 IS FROM NO. 220 STREET BOND FUND, $266 IS FROM NO, 207 PUBLIC BUILDINGS FUND, $4,252 IS FROM NO. 250 SANITARY SEWER FUND AND $7,978 IS FROM NO. 295 STORM SEWER FUND, THE FOREGOING AMOUNTS TO SUPPLEMENT FUNDS IN THE AMOUNT OF $10,507 REMAINING FROM FUNDS PREVIOUSLY APPROPRI- ATED FOR ENGINEERING COSTS APPLICABLE TO VARIOUS BOND FUND PROJECTS AS SHOWN ON THE TABULATION PREPARED BY THE ACCOUNTING DEPARTWENT, A COPY OF WHICH IS ATTACHED HERE- TO AND MADE A PART HEREOF; AUTHORIZING REIMBURSEMENT TO Tta, GENERAL FUND NO, 102 CURRENT FUND IN THE AMOUNT OF $28,477 FROM FUNDS HEREBY APPROPRIATED AND PREVIOUSLY APPROPRIATED AND NOT HERETOFORE REIMBURSED DURING ME CURRENT FISCAL YEAR, BEING AUGUST 1, 1964 THROUGH OCTOBER 15, 1964; AND DECLARING AN EMERGENCY. The Charter rule was suspended and tbe foregoing ordinance was passed by the following vote: Barnard, Young, Blackmon, Maldonado, Roberts, and Wallace all. present and voting "Aye," and de Leon atsent. ORDINANCE NO, 7404 AMENDING SECTION 21-156 OF THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, BY MAKING PROVISION FOR ITEM 21 SO AS TO FORK); THE STOPPING, STANDING OR PARKING OF VEHICLES ON EITHER SIDE OF SOUTH STAPLES STREET BETWEEN GOLLTHAR (SOUTH OF EVERHART) TO THE NORM LEG OF CARMEL PARKWAY AT ALL TIMES; AND PROVIDING FOR PUBLICATION; AND DECLAR- ING AN EMERGENCY. lhe Charter rule was suspended and the foregoing ordinance was passed by the folloving vote: Barnard, Young, BlaAmon, Maldonado, Roberts, and Wallace all present and voting "Aye," and, de Leon absent. City of Corpus Christi, Texas Regular Council Meeting October 28, 1964 Page 9 ORDINANCE NO. 7405 • AUTHORIZING AND DIRECTING '1`iiE CITE MANAGE', FOR AND ON BEHALF OF THE CITY OF CORPUS ctutESTI, TO EXECUTE AN AGRE ENT WITH THOMAS Y. PICKET & COMPANY, INC., OF DALLAS, TEXAS, FOR THE PURPOSE OF APPRAISAL AND VALUATION OF OIL AND GAS PROPERTIES AND PIPELINES I.N THE CITY OF CORPUS CHRISTI FOR TAX ASSESSMENT PURPOSES, ALL AS MORE FULLY SET FORTH IN THE AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; APPROPRIATING OUT OF GENERAL FUND 102 THE SUM OF $5,700.00 FOR PAYMENT OF AHP. AFORESAID SERVICES; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance was passed by the following Grote; Ba-nard, Young, Blackmon, Maldonado, Roberts, and Wallace all present and voting "Aye," and de Leon absent. RESOLUTION N0. 7406 ASSURING THE CORPS OF ENGINEERS OF ihE COOPERATION OF THE CITY GOVERNMENT, ALL CIT- IZENS OF THE CITY AS WFri AS EMPLOYEES OF TEE CITY GOVERNMENT IN FURNISHING SUCH INFORMATION AS WILL ENABLE THE CHLW OF ENGINEERS TO PRESENT A TRUE PICTURE OF THE CONDITIONS AND NEEDS OF THE AREA IN THE CONDUCT OF THE HEARING ON NOVEMBER 5, 1964, AND THE SURVEY; AND THAT THE CITY DESIRES TO FURNISH SUCH SHAPE OF PROJECT CON- STRUCTION COSTS AND OTHER ASSISTANCE THAT IS DETERMINED TO BE PROPER AND NECESSARY SUBJECT TO APPROVAL OF PLAN AND DETERMINATION OF NEEDS OF £Rin, PROJECT AND PLAN OF CONSTRUCTION. The Charter rule was suspended and the foregoing resolution was passed by the following vote: Barnard, Young, Blackmon, Maldonado, Roberts, and Wallace all present and voting "Aye," and de Leon absent. No one appeared in response to Mayor Barnard°s invitation for anyone in the audience with petitions or information for the Council to come forward to be heard. There being no further business to came before the Council, the meeting was adjourned.