HomeMy WebLinkAboutMinutes City Council - 12/02/1964PRESENT:
Mayor James L. Barnard
Mayor Pro Tem Jim Young
COMMiaeionerao
Jack R. Blackmon
J. R. de Leon
M. P. Maldonado
W. J. Roberta
W. H. Wallace, Jr.
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
December 2, 1964
200 pom
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 was given by the Reverend Clifford Zirkel, Pastor of St.
Luke's Methodist Church.
City Secretary T. Ray Kring called the roll of those in attendance.
Motion by Roberts, seconded by de Leon and passed that the minutes of the
regular meeting of November 25, 1964, at 2 p.m., and of the special meeting of the
same day at 3:30 p.m., be approved as furnished to the Council.
Mayor Barnard announced that vitt the consent of the Council, due to the
attendance of a large number of persons relative to the third and final reading of
the Civil Rights ordinance, that this matter would be considered by the Council out
of order, following the opening of bids.
Mayor Barnard recognized and welcomed as special guests of the Council,
representatives of the Student Council of cimeinghem Junior High School, and their
sponsor, Mre. Wyneken; and commissioner Roberts awarded Certificates of Attendance
designating them ea Honorary Junior City Commissioners, to the following: Anita
Mendoza; Linda Coleman; Jeanie Barnes; Dianne Torres; and Loretta Shaw.
Mayor Barnard extended the congratulations of the Council to Commissioner
Roberts on hie election to the Board of Directors of the Corpus Christi Chamber of
Commerce this morning.
Mayor Barnard recognized and welcomed the Civics Class of Corpus Christi
Minor Seminary, accompanied by Father Luetgen.
Mayor Barnard read a Certificate of Commendation to Corpus Christi
Academy High School on achieving the State Football Championship in Class 2A of the
Texas Catholic Interscholastic League; accepted by Father Edwin Wright who intro-
duced the coach of the Cavaliers, Shelby Cole, and the three captains of the team,
Robert Salinas, Jim Harrigan, and Larry Kelly.
City of Corpus Christi, Texas
Regular Council Meeting
December 2, 1964
Page 2
Mayor Barnard read and presented the foli.owing proclamations o CHRISTMAS
HOLIDAY TRAFFIC SAFETY CAMPAIGN, for the period of December 2, 1964, through January
2, 1965, conducted by the Corpus Christi Police Division in connection with CHURCH
SAFETY SUNDAY on December 13, 19649 proclaimed by the Governor of Texas in connection
with the statewide campaign of the Texas Safety Association, accepted by Captain
"Buzz" Basket of the Traffic Accident Prevention Divi.eion of the Corpus Christi
Police Department; CIVIL AIR PATROL WEEF, beginning December 1, 1964, in recognition
of the twenty-third anniversary of the founding of this volunteer civilian organiza-
tion, accepted by Major. Charles E. Herschbach cf the C.A.P.
Mayor Barnard announced the opening of bids.
Bids were opened and read on construction of Everhart Road Improvements,
Holly Road to Saratoga Boulevard, from the followings Womack & Manning; Fowco Con-
struction Co., Inc.; South Texas Construction Co., 1£eldenfels Brothers; Slovak
Brothers, Inc.; and J. M. Dellinger, Inco
The foregoing bids were tabled for 48 hours as required by City Charter,
and referred to the City Manager for tabulation and recommendation.
Bids were opened and read on seven items of Radio Equipment from the follow-
ing: Communications Co., Inc.; Motorola Communications 4 Electronics, Inc.; and
Fox Radio.
The foregoing bids were tabled for 48 hours as required by the City Charter,
and referred to the City Manager for tabulation and recommendation.
Mayor Barnard announced the Council would consider at this time the pro-
posed Civil Rights ordinance.
ORDINANCE NO. 7421
THIRD READING OF AN ORDINANCE MAILING IT UNLAWFUL FOR ANT PERSON, FIRM, ASSOCIATION,
OR CORPORATION TO WITHHOLD FROM CR DENY ANY PERSON BECAUSE OF RACE, COLOR OR ETHNIC
ORIGIN, ANY OF THE ADVANTAGES, FACILITIES OR SERVICES OFFERED TO THE GENERAL PUBLIC
BY A -PLACE OF PUBLIC ACCOMMODATION; DEFINING THE TERMS USED IH THIS ORDINANCE; PRO-
VIDING FOR THE APPOINTMENT OF A HUMAN RELATIONS ADMINISTRATOR; ESTABLISHING ADDITIONAL
DUTIES FOR THE HUMAN RELATIONS COMMITTEE; SETTING, FORTH RESTRICTIONS APPLICABLE TO THE
SUBJECT; PROVIDING FOR PENALTY; PROVIDING A SEVERABILITY' CLAUSE; REPEALING ALL
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR PUBLICATION.
Bill Prewett, attorney, stated he was firmly convinced it is a bad law since
it attempts to set up a Court of Criminal Procedure for a civil offense; and spoke in
opposition to the ordinance on the basis that grave errors are being committed and
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City of Corpus Christi, Texas
Regular Council Meeting
December 2, 1964
Page 3
vast discrimination is being made in this City in the right of equal opportunity for
employment of clerical help, technicians, and semi -skilled labor; but was not opposed
to the establishment of the Human Relations Committee to look into the area of equal
right of opportunity for employment which he felt was much more important than the
field of public accommodations where he felt there was almost no problem in this City.
Travis Smith; attorney,, spoke at length in opposition, on the basis that it
is similar to the law passed by Congreve in 1875 which was held to be unconstitutional
by the Supreme Court; that he believes the Federal Civil Rights Act of 1964 is also
in error; that Philadelphia, New York, Detroit; Cleveland and many other cities with
Human Relations Committees and ordinances similar to this one, during the past eight
months have had more racial trouble than anywhere else in the United States; that
this ordinance will destroy more human rights than it will protect that the right
to serve the public also carries with it the right not to serve; that it is contrary
to the thirteenth amendment of the Constitution which abolishes involuntary service
to another, since this would force service not voluntarily rendered; and urged that
the Council either vote down this ordinance or submit it to the vote of the people.
Travis Parker spoke in opposition on the basis that the ordinance would be
creating involuntary servitude, would be infringing on the rights of a great many
people, and that neither dignity, equality, nor liberty Ls served by this ordinance.
Mrs. Stella Stinson, 77 -year old beauty shop owner and operator, was opposed
on the basis that she would have to go back to school at her age to learn how to
work on negro hair, but stated she was a Christian woman and loved everybody, and
that she employed both negro and Spanish people :In her shop.
The following spoke in support of the passage of the foregoing ordinance
on the basis that it is another progressive step on the part of the City Council to
solve our community problems of this age on a local level in an orderly manner, and
that it implements the law of the land of the Federal Civil Rights Act of 19640
Reverend Len Loeffler, Pastor of Oak Park Me.tbod:lat Church, who presented and
read a letter from' the Reverend Darrel D. Cray„ Diist.rLct: Superintendent of The Corpus
Christi District of The Methodist Church;
Reverend James C. Thrash, Pastor of Woodlawn Presbyterian Church, by tele-
gram, read by Mayor Barnard;
City of Corpus Christi, Texas
Regular Council Meeting
December 2, 1964
Page 4
Carlos Truan, National Director of LCLAt;,
Ben McDonald, Chairman of the Human Relations Committee and former mayor of
the City, explained the way in which the Committee had reached its recommendation for
the passage of this ordinance by concensus of the community thinking through public
hearings held on this matter, and by Committee studies and investigations; and the
procedure outlined in the ordinance which provides for the handling of local complaints
on a local level rather than by Federal decree;
William Bonilla, National President of LDIAz
C. C. Sampson, member of the Haman Relations Committee;
Reverend Mounds, Pastor of First Congregational Church;
Phillip Rosenstein, speaking for himself
Oscar Reyna, Fresident of Ccaetal Bend Chapter of A.F. of L.-C,I.O.;
Rabbi Sidney Wolf, of Teeple Beth E1
Reverend ,berry Evans, Pastor of Peary Place Methodist Church;
Dr. Olin Runnels, Pastor of Morgan Avenue Baptist Church, speaking as Chair-
man of Christian Life and Hunan Welfare Commission of Baptists;
Reverend Harold Branch, Pastor of St. John Baptist Church;
Reverend H. I. Tomlin, Pastor of Ste 3artholomew Episcopal Church, speaking as
President of the Ministerial Alliance of Corpus Christi;
Reverend Clifford Zirkel, Pastor of S . Luke's Methodist Church;
Rudy Theis, speaking as a young American negro, on the basis that it gives
him the right to live instead of Just exist;
Reverend Claus Rohlfs, Pastor of St. John Methodist Church; and
Dr, H. J. Williams.
Mayor Barnard explained that the Council's understanding was that the ordin-
ance implements a Federal law that is already the law of the land; that it is not the
duty nor the prerogative of the City Council to decide the constitutionality of that
law; that the ordinance was an attempt to arbitrate among our citizens and settle
their differences without going to Court brit still provide the right to go to Court
if they were not satisfied; and cited the example that if a man came to him as a
doctor with a condition he was unable by traint,ng to treat, if the man were a negro
he might charge him with discrimination, but that by both parties talking it over
with the Administrator of the Ordinance, to be appointed by the City, he felt the
differences or misunderstandings could be resolved to the satisfaction of all con-
cerned.
City of Corpus Christi, Texas
Regular Council Meeting
December 2, 1964
Page 5
Everyone, having been given an opportunity to be heard, Mayor Barnard called
for the vote on the ordinance.
'The foregoing ordinance having been read for the third time was passed final-
ly by the following voted Barnard, Young, de Leon, Maldonado, Roberts, and Wallace
all present and voting "Ayes"
Mayor Barnard announced the public hearing on the application of The Atlantic
Refining Company for a Permit to Drill Well #2, W. W. Walton Lease, Section 8,
Part of Enriquez Villareal Oram, A-1, Saxet Field, Nueces County,
City Manager Whitney presented. a map showing the proposed; location of the
Well; explained that the request was for a permit to re-enter, complete, and operate
a well within the City limits at a location south of Highway 9, Leopard Street, and
east of Southern Minerals Road, in the Saxet Field area; that all of the required
documents were submitted by the applicant; and that the only exception being request-
ed was relative to the required distance from a public road, in that the proposed
location is 266 fOet from the right of way line of Leopard Street instead of the
required 330 feet.
Mr, Marion Hall, representing the Atlantic Refining Company, in answer to
questions from the Council, indicated that the 266 -foot distance from the public
road was sufficient to be reasonably sure of no damage from the drilling operation;
that there were no schools, homes or any other buildings within 400 feet of the well
location; and that the original depth of the plugged well was approximately 4,750
feet and they proposed to complete the 4300 foot sand.
No cne appeared in opposition to the application.
Motion by de Leon, seconded by Roberts and passed that the hearing be closed.
Motion by Wallace, seconded by Maldonado and passed that. the Atlantic Re-
fining Company be granted a Permit to Drill Well #2, We W. Walton Lease, Sec, 8,
Part of Enriquez Villareal Grant, A-1, Saxet Field, Mueces County, as applied for,
Mayor Barnard called for the City Manager's Reporre
Motion by Roberts„ seconded by Maldonado and passed that the City Manager's
Reports be accepted, and the recommendations and requests be approved and granted,
as follows_
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City of Corpus Christi, Texas
Regular Council Meeting
December 2, 1964
Page 6
a. That acceptance and payment of final Estimate #2 in the amount of
$14,560.59 to Heldenfels Brothers for construction of the Saratoga Drainage Improve-
ments, Stage II, be approved;
b. That the plans and specifications for repairs and new surfacing for the
existing City Hall Roof be approved; and request for authority to advertise for bids
to be received on December 23, 1964, be granted;
c, That the plans and specifications for construction of minor Storm Sewers
in Hillcrest Addition be approved; and request for authority to advertise for bids
to be received on December 23, 1964, be granted;
d. That request for authority to advertise for bids to be received on
December 23, 1964, on a total of ninety-nine unitt,, of Automotive Equipment included
in this year's budget for various divisions, be granted;
e. That the appointment of Wayland Filcher, senior assistant City Attorney,
as Human Relations Administrator, be approved in accordance with the provisions of
the Ordinance No. 7421 passed earlier in this meeting.
ORDINANCE NO. 7422
RECEIVING AND ACCEPTING THE CONSTRUCTION OF SARATOGA DRAINAGE IMPROVEMENTS, STAGE II
PROJECT NO. 295-64-37.1, AS PERFORMED BY THE CONTRACTOR, HELDENFELS BROTHERS, UNDER
THEIR CONTRACT DATED OCTOBER 1, 1964, AUTHORIZED BY ORDINANCE NO. 7373; AUTHORIZING
PAYMENT OF FINAL ESTIMATE NO, 2, DATED NOOWSER 16, 1964, IN THE AMOUNT OF $14,560.59,
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 FOR CONSTRUCTION AND CONTINGENCIES;
AND DECLARING AN EMERGENCY.
The Charter rule was suspended and the foregoing ordinance was passed by
the following vote: Barnard, Young, Blackmon, de Lecn, Maldonado, Roberts and
Wallace, all present and voting "Aye."
ORDINANCE NO. 7423
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, AS AMENDED, BY AMENDING THE ZONING MAP BY CHANGING THE ZONING OF
THE SOUTHEAST ONE-HALF OF LOT 6 AND TRACTS C, Hn I J K AND L, OF LOT 7, AVA COOPER
ADDITION, IN THE CITY OF CORPUS CPRISTI, MUECES COUN7L TEXAS, FROM "R -1B" ONE
FAMILY DWELLING DISTRICT TO 'T -I" 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 and the foregoing ordinance was passed by
the following vote: Barnard, Young, Blackmon, de Leon, Maldonado, Roberts and
Wallace, present and voting "Aye."
City of Corpus Christi, Texas
Regular Council Meeting
December 2, 1964
Page 7
ORDINANCE NO. 7424
•
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 AtENDED BY
ORDINANCE NO. 61060 AS AMENDED, BY GRANTING A SPECIAL USE PERMIT ON LOT 1, BLOCK 3,
SOUTH PARK ADDITION IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FOR THE
OPERATION OF A BUILDER'S SALES OFFICE, SUBJECT TO THE CONDITIONS CONTAINED HEREIN;
KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEAL-
ING ALL ORDINANGES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY.
The Matter rule was suspended and the foregoing ordinance was passed by
the following vote, Barnard, Young, Blackmon, de Leon, Maldonado, Roberts and
Wallace, all present and voting "Aye,"
ORDINANCE NO, 7425
AMENDING THE ZONINC ORDINANCE OF THE CITY OF CORPUS CHRISTI ADOPTED ON THE 27TH DAY
OF AUGUST, 1937, APPEARING OF RECORD IN VOLUME 9, PAGES 365 ET SEQ OF THE ORDINANCE
AND RESOLUTION RECORDS, AS AMENDED FROM TIME TO TINE, AND PARTICULARLY AS AMENDED BY
ORDINANCE NO. 6106, AS AMENDED, BY GRANIING A SPECIAL USE PERMIT ON ALL OF LOTS 11A,
11B, 11C and 11D, BLOCK 2, MAHAN ACRES, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY,
TEXAS, FOR AN 8-DNIT APARTMT HOUSE AND ONE RESIDENCE SURSECT TO COMPLIANCE WITH
THE SITE PLAN ON FILE IN THE OFFICE OF THE ZON7NS AND PLANNINC DIRECTOR; 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 and the foregoing ordinance was passed by
the following vote! Barnard, Young, Blackmon, de. Leon, Maldonado, Roberts and
Wallace, all present and voting "Aye."
ORDINANCE NO, 7426
AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON HEHALF OF THE CITY OF CORPUS
CHRISTI, TO EXECUTE A MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI
AND MRS. RUTH BROWN, OF CORPUS CHRISTI, TEXAS, FOR THE PURPOSE OF COLLECTING RENTS
AND ATTENDING TO SUCH OTHER DETAILS ATTENDANT GO TEE OPERATION OF THAT CERTAIN SIX -
UNIT APARTMENT HOUSE AT 102 CARROLL STREET IN THE CITY OF CORPUS CHRISTI, TEXAS;
BEGINNING DECEMBER, 1,1964, ALL IN ACCORDANCE WITT., SAID AGREEMENT', A COPY OF WHICH IS
ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY.
The Charter rule was suspended End the foregoing ordinance was passed by
the following vote! Barnard, Young, Blackmon, Is Leon, Maldonac, Roberts and
Wallace, all present and voting "Aye."
George Osborne, representing the Oil, Cheri.cal a Atomic Workers at the
Fess Plant, expressed appreciation for the act -n taken by the Cocil following
their petition of last week relative to the patrolling of the area; stated that
they are satisfied with the manner in which. the City Police are representing and pro-
tecting them as citizens, and that they are pleaded to know that their City Govern-
ment cannot be swerved by an outsider's millions of dollars.
City of Corpus Christi, Texas
Regular Council Meeting
December 2, 1964
Page 8
Phillip Rosenstein read a two-page letter on the. need of the City for
sufficient fire=fighting facilities at the Port and a fire -fighting unit that can
navigate our waterways and get to any disaster area in the Port immediately; and
suggested a plan which he felt would provide adequate fire protection. (Council Ex-
hibit #9).
The matter was referred to the City Manager for referral to the Port Protec-
tion Committee for study and rec.ommendation.
Commissioner de Leon requested that. the City Manager look into the matter of
paying employees of the City in the lower income brackets of the StTeet, Sanitation,
and Garbage Illisions an the basis of every two weeks, instead of on the fifteenth
and the last day of the month as presently, since it would provide twenty-six pay-
days a year irttt-tati of twenty-four, at no increase in salary but would help these
employees to meet regular apes a little. better,
Mayer Pro Ter Young requested that the City Manager ask the Traffic Engineer
and the Traffic Safety Advisory Board to make an over-all study of the adequacy of
the traffic signing in the City, particularly in areas in which there have been a
large number of accidents, with the view that perhaps the traffic safety signs are
inadequate or not placed as to be clearly visable to the motoring public.
There being no further businessto come before the Council, the meeting was
adjourned.