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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 • 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.