HomeMy WebLinkAboutMinutes City Council - 01/13/1965PRESENT:
Mayor James L. Barnard
Mayor Pro Tem Jim Young
Commissioners:
Jack R. Blackmon
J. R. de Leon
M. P. Maldonado
W. J. Roberts
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
January 13, 1965
2:00 p.m.
City Manager Herbert W. Whitney
City Attorney I. M. Singer
City Secretary T. Ray Kring
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Mayor James L. Barnard called the meeting to order.
The Invocation was given by the Reverend Charles R. Dooley, of Calvary,
Baptist Church.
City Secretary T. Ray Kring called the roll of those in attendance.
Motion by Blackmon, seconded by Young and passed that the absence of Com-
missioner W. H. Wallace, Jr. be excused for cause.
Motion by Young, seconded by Maldonado and passed that the minutes of the
regular meeting of January 6, 1965, be approved as furnished to the Council.
Mayor Barnard recognized and welcomed as guests of the Council, representa-
tives of the student Council of Sundeen Junior High School; and Commissioner Young
presented Certificates of Attendance designating them as Honorary Junior City Com-
missioners, to the following: Mike Witt; Charles Richardson; Sally Nicholson; Cindy
Robinson; Jane Tranum; Jeff McDaniel; and Jody Young.
Mayor Barnard read a proclamation relative to CIVITAN DAY in Corpus Christi,
Saturday, January 16, 1965; accepted by Wendell Keetch.
The bid of Watson Distributing Company, Inc. the only bid received on one
3 -wheel Motor Vehicle, Pickup, for the Golf Course, was opened and read.
The foregoing bid was tabled for 48 hours as required by City Charter, and
referred to the City Manager for tabulation and recommendation.
Mayor Barnard announced the Council desired to take action with respect to
the office of the Clerk of Corporation Court.
Motion by Roberts, seconded by Maldonado and passed, with Blackmon abstain-
ing, that the present Corporation Court Clerk be removed from her responsibilities.
Motion by Roberts, seconded by Maldonado and passed, with Blackmon abstain-
ing, that Harold Zick, Director of Finance, be appointed to fill the vacancy as
City of Corpus Christi, Texas
Regular Council Meeting
January 13, 1965
Page 2
Clerk of Corporation Court, in addition to his other duties and with no additional
compensation, effective as soon as administratively possible.
Mayor Barnard called for the City Manager's Reports.
Motion by de Leon, seconded by Roberts and passed that Items "a" through "f"
of the City Manager's Reports be accepted, with Item "g" relative to an application
for permit to drill an oil and gas well being considered separately, and the recom-
mendations and requests be approved and granted, as follows:
a. That all bids received on Item 7 only of the Heavy Equipment bids, being
one Crawler Tractor with Hydraulic Dozer, be rejected on the basis that the bids
received were considerably higher than the figure budgeted; and that authority to
readvertise for bids to be received on January 27, 1965, on a size smaller, be
granted;
b. That award of bid on one 750 GPM, Class A, Triple Combination Pumper be
made on the basis of low bid meeting specifications and moat advantageous to the
City, to Mack Trucks, Inc. in the sum of $26,860.10; (Bid Tabulation #2)
c. That authority to advertise for bids to be received on February 10,
1965, for an oil and gas lease on the 10 -acre tract situated on Savage Lane on
which is located a water reservoir of the City Water System, for a fixed royalty
of one-eighth plus whatever cash bonus is offered with the provision that said
property not be drilled on or within 300 feet thereof, be granted;
d. That authority to advertise for bids to be received on January 27, 1965,
on the sale of property at 1525 Fifth Street acquired by the City at a recent
Tax Sale, being Lot 6, Block 7, Ocean View, for an amount not less than $4,500,
be granted;
e. That award of bid for one 30 HP Pneumatic Tired Trencher of the Heavy
Equipment bids be made on the basis of low bid meeting specifications and most
advantageous to the City, to Cooper Equipment Company in the net sum of $4,797.10;
(Bid Tabulation #3)
f. That the date of February 17, 1965, during the regular meeting, be set
for public hearing on the appeal of Fernando Gonzales from the decision of the
Building Standards Commission relative to his property at 1535 South Brownlee
City of Corpus Christi, Texas
Regular Council Meeting
January 13, 1965
Page 3
Boulevard, being Lots 13 and 14, Block 1102, Bay Terrace #2 Addition.
g. Considered separately as stated in the motion;
h. That the date of January 20, 1965, during the regular meeting, be set
for public hearing on the application of W. W. Walton, Jr. for permit to re -work
Well #B-1, W. W. Walton Fee, in the Enrique Villareal Survey, Saxet Field, Nueces
County.
Relative to Item "g" of the City Manager's Reports, Mayor Barnard, with the
consent of the Council, announced a public hearing on the application of C. Bruce
Ellsworth and E. J. Pearl to drill and complete an oil well within the City.
City Manager Whitney pointed out the proposed location of Well No. 1, in
Block 33, GC & SF RR Survey 311, Saxet Field, being 467 feet from the north line
and 467 feet from the west line of the lease; stated that all the required docu-
ments were submitted by the applicants, and that the applicants requested a vari-
ance for the use of mud or earthen slush pits.
No one appeared to speak in opposition to the application.
Motion by Maldonado, seconded by de Leon and passed that the hearing be
closed.
Motion by Roberts, seconded by Maldonado and passed that Bruce Ellsworth
and E. J. Pearl be granted a permit to drill Well No. 1, in Block 33, GC & SF RR
Survey 311, Saxet Field, as applied for.
ORDINANCE NO. 7455
DECLARING THE NECESSITY FOR AND ORDERING THE CONSTRUCTION OF SIDEWALKS ON THE
HEREINAFTER NAMED STREETS IN THE CITY OF CORPUS CHRISTI, TEXAS, TO -WIT:'
1. SOUTHWEST SIDE OF IMC ARDLE ROAD FROM AYERS STREET TO CARROLL LANE;
2. NORTHEAST SIDE OF MC ARDLE ROAD FROM CARROLL LANE TO WEBER ROAD; AND FROM
FRASER SCHOOL TO VANCE DRIVE;
3. SOUTH SIDE OF CAMPANA STREET FROM CARVER STREET TO GREENWOOD DRIVE;
4. NORTHEAST SIDE OF GOLLIHAR ROAD FROM AYERS STREET TO KOSTORYZ ROAD; AND
5. SOUTH SIDE OF BLOOMINGTON STREET FROM THE WEST BOUNDARY LINE OF MOLINA JUNIOR
HIGH SCHCOL TO THE WEST BOUNDARY LINE OF MOLINA ADDITION NO. 2;
APPROVING PLANS AND SPECIFICATIONS FOR SUCH WORK; DIRECTING THE PREPARATION OF
ESTIMATES; ADOPTING THE PROVISIONS OF CHAPTER 106, ACTS OF THE FIRST CALLED SESSION
OF THE 40TH LEGISLATURE, KNOWN AS ARTICLE 1105b OF VERNON'S TEXAS CIVIL STATUTES;
PROVIDING A METHOD OF REIMBURSING THE CITY OF CORPUS CHRISTI FOR A PORTION OF SUCH
COSTS BY ASSESSMENT OF A PORTION OF SUCH COSTS AGAINST THE PROPERTY ABUTTING SUCH
STREETS, AND FOR THE FIXING OF A LIEN TO SECURE PAYMENT OF SUCH ASSESSMENTS;
STATING THE TIME AND MANNER PROPOSED FOR PAYMENT OF ALL SUCH COSTS; DIRECTING THE
CITY SECRETARY TO CAUSE A NOTICE OF THE ENACTMENT OF THIS ORDINANCE TO BE FILED
IN THE MORTGAGE OR DEED OF TRUST RECORDS OF NUECES COUNTY, TEXAS; DECLARING AN
EMERGENCY.
City of Corpus Christi, Texas
Regular Council Meeting
January 13, 1965
Page 4
The Charter rule was suspended and the foregoing ordinance was passed by
the following vote: Barnard, Young, Blackmon, de Leon, Maldonado, Roberts, present
and voting "Aye"; Wallace absent.
City Attorney Singer reported that the Notice pertaining to the foregoing
ordinance has been filed in the Office of the County Clerk as required in said
ordinance. ORDINANCE NO. 7456
APPROVING AND ADOPTING THE WRITTEN STATEMENT AND REPORT OF THE DIRECTOR OF PUBLIC
WORKS, SHOWING THE ESTIMATES OF THE TOTAL COSTS OF ALL THE IMPROVEMENTS, THE ESTI-
MATES OF THE COST PER FRONT FOOT PROPOSED TO BE ASSESSED AGAINST THE ABUTTING PROP-
ERTY, AND THE REAL AND TRUE OWNERS THEREOF, FOR THE CONSTRUCTION OF SIDEWALKS ON THE
HEREINAFTER NAMED STREETS IN THE CITY OF CORPUS CHRISTI, TEXAS, TO WIT;
1. SOUTHWEST SIDE OF MC ARDLE ROAD FROM AYERS STREET TO CARROLL LANE;
2. NORTHEAST SIDE OF MC ARDLE ROAD FROM CARROLL LANE TO WEBER ROAD; AND FROM FRASER
SCHOOL TO VANCE DRIVE;
3. SOUTH SIDE OF CAMPANA STREET FROM CARVER STREET TO GREENWOOD DRIVE;
4. NORTHEAST SIDE OF GOLLIHAR ROAD FROM AYERS STREET TO KOSTORYZ ROAD; AND
5. SOUTH SIDE OF BLOOMINGTON STREET FROM THE WEST BOUNDARY LINE OF MOLINA JUNIOR
HIGH SCHOOL TO THE WEST BOUNDARY LINE OF MOLINA ADDITION, NO. 2;
DETERMINING AND FIXING THE PORTION OF SAID COST AND THE RATE THEREOF PROPOSED TO BE
ASSESSED AGAINST AND PAID BY THE ABUTTING PROPERTY, AND THE REAL AND TRUE OWNERS
THEREOF; DETERMINING THE NECESSITY OF LEVYING AN ASSESSMENT AGAINST SAID ABUTTING
PROPERTY, AND THE REAL AND TRUE OWNERS THEREOF, FOR THE PORTION OF SAID COST
APPORTIONED TO THEM; ORDERING AND SETTING A HEARING AT 3 O'CLOCK P.M, ON THE 27TH
DAY OF JANUARY, 1965, IN THE COUNCIL CHAMBER OF THE CITY HALL OF CORPUS CHRISTI,
TEXAS, AS THE TIME AND PLACE FOR THE HEARING OF THE REAL AND TRUE OWNERS OF SAID
ABUTTING PROPERTY AND ALL OTHERS INTERESTED IN SAID ABUTTING PROPERTY OR IN ANY
OF THE PROCEEDINGS CONCERNING SAID ASSESSMENTS AND IMPROVEMENTS; DIRECTING THE
CITY SECRETARY OF THE CITY OF CORPUS CHRISTI, TEXAS, TO GIVE NOTICE OF SAID HEAR-
ING AS REQUIRED BY LAW; 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 and Roberts,
present and voting "Aye"; Wallace absent.
ORDINANCE NO. 7457
THIRD READING OF AN ORDINANCE AMENDING THE CORPUS CHRISTI CITY CODE, 1958, AS
AMENDED, BY AMENDING CHAPTER 36, ARTICLE II, AS AMENDED, ENTITLED "DRIVERLESS
AUTOMOBILES", BY REPEALING SECTION 36-91 THROUGH SECTIONS 36-115, INCLUSIVE;
AND ADOPTING AS PROVISIONS SECTION 36-91 THROUGH 36-110, INCLUSIVE, AS HEREIN-
AFTER SET FORTH; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION.
The foregoing ordinance was read for the third time and failed to pass by
the following vote: Barnard, Blackmon, de Leon, Maldonado, Roberts, present and
voting "Nay"; Young abstained, and Wallace, absent.
City of Corpus Christi, Texas
Regular Council Meeting
January 13, 1965
Page 5
ORDINANCE N0. 7458
AMENDING THE CORPUS CHRISTI CODE, 1958, AS AMENDED, BY AMENDING CHAPTER 36, ARTICLE
II, AS AMENDED, ENTITLED "DRIVERLESS AUTOMOBILES", BY REPEALING SECTIONS 36-91
THROUGH 36-115, BOTH INCLUSIVE, AND ADOPTING AS PROVISIONS SECTIONS 36-91 AND 36-92,
BOTH INCLUSIVE, AS HEREINAFTER SET FORTH; PROVIDING A PENALTY FOR VIOLATION AND PRO-
VIDING A SAVINGS CLAUSE; AND DECLARING AN EMERGENCY.
The Charter rule was suspended and the foregoing ordinance was passed by the
following vote: Barnard, Blackmon, de Leon, Maldonado and Roberts, present
and voting "Aye"; Wallace, absent, and Young abstained.
ORDINANCE NO. 7459
AMENDING THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED BY AMENDING SUBSECTION 2
OF SECTION 38-26 OF SAID CODE SO AS TO PROVIDE PAYMENT FOR TAP FEES UPON AN IN-
STALLMENT BASIS AND TO PROVIDE THAT WATER LINE EXTENSION CHARGES MAY BE PAID UPON
AN INSTALLMENT BASIS FOR WATER LINE EXTENSION IN CONNECTION WITH THE TAP; PROVIDING
AN EFFECTIVE DATE; 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, present
and voting "Aye"; Wallace absent.
Mayor Barnard reported receipt of a petition of approximately seven signa-
tures of residents in the Gardendale and Glen Arbor Additions and of officials of
Sundeen Junior High School and Our Lady of Perpetual Help Parochial School, calling
attention to the impassable condition of Williams Drive for walking students during
periods of wet weather, and the dangerous conditions involved in students' use of
Lexington Boulevard as an alternative, and requesting the black topping of Williams
Drive from Staples Street to Airline Road. (Petition #1)
City Manager Whitney stated he would like an opportunity to check into the
matter and get cost estimates to correct the situation for the Council's Monday
night Work Shop.
The following attorneys expressed their reasons for concern at the reported
recommendation of the Charter Advisory Commission for amendment to the City Charter
relating to Corporation Court, and their objections to the action taken by the
Council earlier in this meeting with respect to the appointment of the Director
of Finance as Corporation Court Clerk: Ed Williams; William Bonilla, member of
the Charter Advisory Commission; William Anderson, Jr., President of the Nueces
City of Corpus Christi, Texas
Regular Council Meeting
January 13, 1965
Page 6
County Bar Association; Robert Fagan; Jack Pedigo; George Shaffer; Homer Hogan;
Leo Duran; and Hector de Pena.
It was explained that the Council has not yet received the report or any
of the recommendations of the Charter Advisory Commission; that the Council has
maintained a rigid policy not to interfere in any way with the operation of the
Corporation Court; that the appointment of the Director of Finance as Corporation,Court
Clerk was an attempt to provide proper procedures and efficiency in handling the
decisions and orders of the Corporation Court Judge, the lack of which have been
criticized by the independent auditors of the City, for several years, but would
in no way affect the conduct of the Court.
Mayor Barnard explained that the Council would welcome the advice and recom-
mendations of the Committee for Administration of Justice of the Nueces County Bar
Association on both of the matters under discussion, but asked that the Committee
avail themselves of all of the information the City MAnager has on these matters
before coming to their conclusion.
There being no further business to come before the Council, the meeting
was adjourned.