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HomeMy WebLinkAboutMinutes City Council - 05/12/1965MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING May 12, 1965 2:00 p.m. PRESENT: Mayor McIver Furman Mayor Pro Tem Jack R. Blackmon Commissioners: Patrick J. Dunne Dr. P. Jimenez, Jr. Ken McDaniel Ronnie Sizemore City Manager Herbert W. Whitney City Attorney I. M. Singer City Secretary T. Ray Kring Mayor McIver Furman called the meeting to order. The Invocation was given by Dr. Conway T. Wharton, Pastor of Covenant Presbyterian Church. City Secretary T. Ray Kring called the roll of those in attendance. Motion by Blackmon, seconded by Dunne and passed that approval of the minutes of the regular meeting of April 28th be deferred, and that the minutes of the regular meeting of May 5th at 2 p.m., and of the special meeting of the same day at 3:30 p.m., and of the special meeting of May 7th at 1:30 p.m., be approved as furnished to the Council. Motion by Blackmon, seconded by Dunne and passed that the absence of Commissioner Wm. H. Wallace be excused for cause. Mayor Furman read and presented a proclamation proclaiming May 16 - 22, 1965, as SAFETY PATROL WEEK in Corpus Christi; accepted by Yolanda Perez, Out- standing Girl Patrol of 1964, and Juan Alanez, Outstanding Boy Patrol of 1964. Lt. Gene Melton, School Safety Patrol Officer, told the Council that Yolanda is also the 1965 County Spelling Bee Champion, Mayor Furman recognized Mr. Eddie Galvan, conductor of the Roy Miller High School Band, and presented and read a Certificate of Commendation for re- ceiving the outstanding award for the Best Concert Band at the Six Flags Over Texas Music Festival held in Dallas on Saturday of last week. Two representatives of the Roy Miller Band displayed two of the trophies received. Mayor Furman recognized Mr. Elmer Pope, Chairman of the Sister City Com- mittee of the People -to -People Program, who presented to the City two paintings as a gift from Mayor Nagano, of our Sister City Yokosuka, Japan, and introduced Mrs. Asugo Jordon, who is from Yokosuka, and Mrs, Keoco Hugues, both of whom 1 ) City of Corpus Christi, Texas Regular Council Meeting May 12, 1965 Page 2 were in native dress, and Mrs. Weigand, member of the Sister City Committee. Mayor Furman stated that the paintings would be hung in an appropriate placedri_? some public place in the City. Mayor Furman announced the opening of bids. Bids were opened and read on construction of Saratoga Drainage Channel Im- provements Unit III, erosion control, from the following: Ring Construction Company; and Heldenfels Brothers. The foregoing bids were tabled for forty-eight hours as required by City Charter, and referred to the City Manager for tabulation and recommendation. Mayor Furman called for the City Manager's Reports. Motion by Blackmon, seconded by McDaniel and passed that the City Manager's Reports be accepted, and Items "a" through "c" be approved, as follows: a. That the award of contract for the construction of Ocean Drive Street Improvements, Craig to Furman, be made on the basis of low bid meeting specifi- cations' to`k and Manning in the amount of $69,859.52 and that- the ft�dt $81,000.00 be appropriated to cover the contract price and contingencies; b. That the preliminary plana for the proposed branch library on Green- wood Drive and Horne Road, be approved, and authority to proceed with the final working drawings and specifications be granted; and. February, c. That the Tax Error and Correction Lists for January 1965, for the City and for the Water District, be approved. Motion by McDaniel, seconded by Blackmon and passed that Item "d" of the City Manager's Reports, relative to the proposal from Alvin S. Vener, Professional Mechanical Engineer, for performing engineering services for heating and air con- ditioning the Garden Center Building for a fee of $1500.00, be deferred. Items "e" and "f" of the City Manager's Reports were temporarily deferred, to be considered separately later in the meeting. ORDINANCE NO. 7567 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI; TO EXECUTE A CONTRACT WITH WOMACK AND MANNING FOR CONSTRUCTION OF OCEAN DRIVE IMPROVEMENTS, UNIT 1, CRAIG TO FURMAN, PROJECT NO. 220-64-61; APPROPRIATING OUT OF NO. 220 STREET BOND FUND THE SUM OF $81,000 OF WHICH AMOUNT $69,859.52 IS FOR THE CONSTRUCTION CONTRACT AND $11,140.48 IS FOR CONTINGENCIES, INCLUDING ENGIN- EERING, LABORATORY TESTING AND LEGAL ADVERTISING COSTS; AND DECLARING AN EMERGENCY. City of Corpus Christi, Texas Regular Council Meeting May 12, 1965 Page 3 The Charter rule was suspended and the foregoing ordinance was passed by the following votes Furman, Blackmon, Dunne, Jimenez, McDaniel, 0416iee- more present and voting "Aye"; Wallace, absent. ORDINANCE No. 7568 ACCEPTING THE BID OF THE CORPUS CHRISTI STATE NATIONAL BANK AS CITY DEPOSITORY FOR THE ENSUING TERM; ACCEPTING AND APPROVING THE PLEDGE OF SECURITIES BY SAID DEPOSITORY IN LIEU OF BOND AS SUCH DEPOSITORY; PROVIDING FOR THE DEPOSIT OF SUCH SECURITIES WITH THE FROST NATIONAL BANK AT SAN ANTONIO, TEXAS, AS TRUSTEE FOR SAFEKEEPING; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Furman, Blackmon, Dunne, Jimenez, McDaniel, and Size- more present and voting "Aye"; Wallace, absent. ORDINANCE N0. 7569 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 PARTICULAR- LY AS AMENDED BY ORDINANCE NO. 6106, AS AMENDED, BY GRANTING A SPECIAL PERMIT ON ALL OF LOTS 9 AND 10, BLOCK 4, SUNFLOWER ADDITION #2, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FOR A SINGLE FREE-STANDING SIGN, SUBJECT TO THE CONDITIONS HEREINAFTER STATED; 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: Furman, Blackmon, Dunne, Jimenez, McDaniel, and Size- more present and voting "Aye"; Wallace, absent. ORDINANCE NO. 7570 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 LOTS 39 AND 18, BLOCK 6, MONTROSE PARK ADDITION IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "A-2" APARTMENT HOUSE DIS- TRICT TO "I-2" LIGHT INDUSTRIAL DISTRICT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HERE- WITH; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance was passed by the following vote; Furman, Blackmon, Dunne, Jimenez, McDaniel, and Size- more present and voting "Aye"; Wallace, absent. City of Corpus Christi, Texas Regular Council Meeting May 12, 1965 Page 4 Oa;mMANCE NO. 7571 AMENDING THS ZONING ORDINANCE OF THE CITE' OF CORPUS C,aP.ISTI 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 LOTS 1, 64, AND 65, SAYMOOR ADDITION AND TEAT PORTION OF LOT "A" BAYMOOR ANNEX WHICH IS SITUATED SOUTH OF INTERSTATE HIGHWAY 37 FROM "R -1B" ONE - FAMILY DWELLING DISTRICT AMU "A-1" APARTMENT HOUSE DISTRICT TO "B-4" GENERAL BUSI- NESS 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: Furman, Blackmon, Dunne, Jimenez, McDaniel and Sizemore, present and voting "Aye"; Wallace, absent. ORDINANCE NO. 7572 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 CO S, AS AMENDED r.; OM TIME TO TIME, AND PARTICULARLY AS AMENDED BY 0;:ir,I_NANCE NO. 6106, AS AMENDED, BY AME1dDING THE ZONING MAP BY CHANGING THE ZONING OF A PORTION OF TRACT OR LOT 2, OSO FARM TRACTS, MORE FULLY' DESCRIBED HEREINAFTER, FROM '.:-1B" ONE FAMILY DWELLING DISTRICT TO "AB" PROFESSION- AL OFFICE 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: Furman, Blackmon, Dunne, Jimenez, McDaniel and Sizemore, present and voting "Aye"; Wallace, absent. 0 MANCE N0. 7573 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 CHANG- ING THE ZONING ON AN 8,506 ACRE TRACT OUT OF SHARE G OF THE PARTITION OF THE LANDS OF MRS, MARY McBRIDE, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" ONE -FAMILY DWELLING DISTRICT TO "3-4" GENERAL BUSINESS DISTRICT; SUBJECT TO THE CONDITIONS HEREINAFTER SET OUT; KEEP LNG IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGGENC!, The Chaster rule was suspended and the foregoing ordinance was passed by the followin g vote: Furman, Blackmon, Dunne, Jimenez, McDaniel and Size- more, present and voting "Aye"; Wallace, absent, 090121NCE NO. 7574 AMENDING THE CORPUS CHRISTI CIII CODE, 1953, AS AMENDED, BY AMENDING SECTION 24-45 SO AS TO PROVIDE THAT NO NOTICE IS NECESSARY WHERE WAIVERS OF NOTICE ARE FILED BY ALL LEASEHOLD OWNERS AND LANDOWNERS WITHIN 400 FEET OF THE PROPOSED DRILLING SITE; PRO- VIDING A SAVINGS CLAUSE; AND DECLARING AN EMERGENCY, City of Corpus Christi, Texas Regular Council Meeting May 12, 1965 Page 5 The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Furman, Blackmon, Dunne, Jimenez, McDaniel and Sizemore, present and voting "Aye"; Walace, absent. ORDINANCE NO. 7575 THIRD READING OR AN ORDINANCE AMENDING SECTIONS 30-5 AND 30-6 OF THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, Sr STRIKING ALL OF SAID SECTIONS AND IN LIEU THEREOF ADOPTING NEW SECTIONS 30-5, 30-6 AND 30-66.1 I"'n:OVIDING FOR A SPEED LIMIT FOR RAILROAD CARS BEING PULLED BY A3r°1 ILROAD ENGINE; t°':;OVIDING FOR A SPEED ,LIMIT FOR RAILROAD CARS BEING PUSHED BY ANY RAILROAD ENGINE; :°,: VIDING FOR CERTAIN EXCEPTIONS; CONTAINING A SEVERABILITY CLAUSE; REPEALING ALL ORDINANCES IN CONFLICT THEREWITH; PROVIDING FOR PUBLICATION; The foregoing ordinance was read for the third time and passed finally by the following vote: Furman, Blackmon, Dunne, McDaniel and Sizemore present and voting "Ay&°; Jimenez, voting PNay,°0 and Wallace absent. SECOND READING OF AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF TRE CITY OF CO';: US CHRISTI, TO EXECUTE A LEASE AT THE CORPUS CHRISTI INTERNATIONAL AIRPORT WITH THE UNITED STATES OF AMERICA FOR THE LEASING OF QUARTERS FOR AIRPORT TRAFFIC COMSTROL TOWER AND S'ISTEMS MAINTENANCE SECTOR, FEDERAL AVIATION AGENCY, A COPS OF WHICH LEASE IS ATTACHED HERETO AND MADE A PART HEREOF. The foregoing oxdiaarca vas read for the second time and passed to its third reading by the following vete: Furman, Blackmon, Dunne, Jimenez, MoDaaiel and Sizemore present and voting "Aye"; Wallace, present. SECOND READING OF AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CO US At' 5TI, TO EXECUTE A LICENSE AGREEMENT WITH THE FEDERAL AVIATION AGENCY FOR THE LOCATION OF AN APPROACH LIGHT LANE AND AN ELECTRONIC FLASHING APPROACH LIGHT, THE INSTRUMENT LANDING SYSTEM, MIDDLE MARKER, AND REMOTE TRANSMITTER AT THE CORPUS CHRISTI INTERNATIONAL AIRPORT. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Furman, Blackmon, Dunne, Jimenez, McDaniel and Sizemore present and voting "Aye"; Wallace, present. Motion by Blackmon, seconded by Dunne and passed that public hearings be held at this time on Items "e" and "f" cf the City Manager's Reports, relative to two applications for drilling permits. City Manager Whitney presented the application of E. J. Pearl for permit to drill Well #1, Lawrence Lease, in Lot 19 of H. B. Sheppard Farm Lots, Nueces County. Mr. Whitney presented a map showing the proposed location in the west part of the City near Hunter Lane and east of County Road #53, and stated that the appli- cant has submitted copy of certificates of insurance and Railroad Commission Permit, and waivers from all of the leaseholders and landowners within 400 feet, waiving City of Corpus Christi, Texas Regular Council Meeting May 12, 1965 Page 6 the right of advance notice of public hearing. He pointed out the proposed depth is 6,000 feet, and that the appli:ation complies in all respects as to distance re- quirements except for the proposed location 349 feet from Hunter Lane, which is not a highly travelled road and would not appear to be any hazard to the public safety, and complies in all other respects to the Code; and recommended approval of this permit. David Geiser, representing Mr. Pearl, was present in support of the re- quest; and no one appeared in opposition. Mayor Furman declared the hearing closed. Motion by Blackmon, seconded by McDaniel and passed that this permit be granted with the requested variance. City Manager Whitney presented the application of Kirkwcod & Morgan, Inc. for permit to drill and operats Wel'.: No. 4, State Tract. 706, Lease No. 30427, Nueces County, to be located 1724.7 feet from the east line of State Tract No. 706 and 2026.3 feet from the north line of said tract. Mr. Whitney presented a map showing the State Tracts in Nueces Bay and pointed out the proposed location in State Tract 706. He stated that the proposed depth is 5,000 feet, that the applicant has fur- nished the necessary copies of permit from the Railroad Commission, evidence of lease with the State, and a check in payment of the proper fee; that the request complies in all respects with the requirements of the ordinance; and recommended approval of the application. Perry Burkett, attorney representing the applicant, was present in sup- port of the application; and no one appeared in opposition. Mayor Furman declared the hearing closed. Motion by Blackmon, seconded by McDaniel and passed that this permit be granted. Mayor Furman declared .a brief recess before the scheduled public hear- ings on two zoning applications, following which the meeting was reconvened, and Mayor Furman explained the procedure to be followed. City Secretary Kring identified the first public hearing on Application No. 465-6, Landsman Realty Company, for change of zoning from "B-1" Neighborhood City of Corpus Christi, Texas Regular Council Meeting May 12, 1965 Page 7 Business District to "B-4" General Business District on Lot "A," Town and Country Shopping Center. Tom Lake, Zoning Coordinator, located the property on the map; pointed out the zoning and land use of the area; stated that three persons, the attorney and a representative of H. E. Butt Grocery Company, and the property owner, ten or twelve tenants of the shopping canter, and one person connected with a sign com- pany appeared in favor of the request at the Commission hearing, and no one appeared in opposition; that forty-one notices were sent out, three returns were received in favor, and six in opposition; and that the recommendation of the Zoning & Planning Commission was that it be approved on the basis that the "B-4" District is appropriate and consistent with the general development of the area. In answer to questions from the Council, Dir. Lake explained that there is a sign involved in the request and there was an indication by the shopping center owner that expansion plans were contemplated in the near future; pointed out on the map the physical location of the property owners in opposition to the request with respect to the subject property; and that there is only a service driveway approxi- mately thirty feet wide as a buffer between the shopping center and the residences that abut the subject property; and that he would say the shopping center fronts on Alameda, and pointed out the building area and the parking area on the property. William R. Anderson, attorney representing H. E. Butt Grocery Company, M. B. Reasoner, vice-president of H.E.B., and Dick Landsman, owner and developer of Town & Country Shopping Center, each spoke in support of the Application. They reviewed the development of this planned shopping center; pointed out that approxi- mately thirteen signs in this shopping center are in non-compliance with the "B-1" regulations, but were granted by the Board of Adjustment before the change in the ordinance taking the matter of granting variances in sign regulations away from the Board; explained the need for "B-4" for the desired signs since there is no intermediate step for major shopping centers of a high caliber such as Town and Country; and explained that the concrete block construction of the buildings leaves holes when a sign is removed for a new tenant, and the building cannot be waterproofed. They City of Corpus Christie Texas Regular Council Meeting May 12, 1965 Page 8 displayed a sketch showing the size, type, and location of sign desired by A.E.B. to replace the Jitney Jungle sign that had to be removed immediately when H.E.B. purchased the Jitney Jungle stores recently. A plot plan was presented showing the existing building area and parking area, and the floor plan for the proposed expan- sion backing up to the existing service station; and pointed out that the 8-4" zoning was requested primarily for the signs, but that it will also provide some flexibility to complete the shopping center development and operate it on the same basis of other major high caliber shopping centers, and that change of sign to the one being requested by H.E.B. will not change the character of the neighborhood. The change of position of opposition to the application by Max Dullnig, Jr. and one other person to that of approval was pointed out, and also that the buffer area along the back of the residences is approximately fifty feet wide. They emphasized that the requested change of zoning was the only recourse they had for the desired signs, and urged that the ordinance be changed so as not to burden the Council with continual problems of this kind. Mrs. Charles A. Gregg, 308 Katherine Drive, spoke in opposition to the request on the basis of the permitted uses in the "8-4" district that would be detrimental to the property values and interests of the residences in the area. Several tenants of the shopping center also spoke in support of the application. Mayor Furman declared the hearing closed. Motion by Blackmon, seconded by Sizemore and passed that this applica- tion be tabled. City Secretary Kring identified the next public hearing on Application No. 465-5, Del Starr Realty Company, for change of zoning from "B-1" Neighborhood Business District to "B-5" Primary Business District on all of Block 10, Schanen Estates Unit #1. Tom Lake located the property on the map; pointed out the zoning and land use of the area; stated that William Anderson, attorney representing the H. E. Butt Grocery Company, M. B. Reasoner, vice-president of H.E.B., and Bud Walton,.. representing the Walton Neon Company, appeared at the Commission hearing in City of Corpus Christi, Texas Regular Council Meeting May 12, 1965 Page 9 support of the application, and approximately eight persons in opposition, and a petition was presented containing approximately forty signatures representing approximately twenty-five properties; that thirty-six notices were sent out, and three returns were received in favor and eight in opposition; and that the recom- mendation of the Zoning & Planning Commission was that it be denied but that "B-4" General Business District .e approved on the basis that it is more consistent and appropriate. William R. Anderson, attorney representing H. E. Butt Grocery Company, and M. B. Reasoner, vice-president of H.E.B., spoke in support of the application. They explained the need for the larger H.E.B. sign on the store recently purchased from Jitney Jungle, since the builling is 400 feet from Weber Road; presented a sketch of the proposed sign., pointed out the proposed location of the sign on the parapet wall, and the size of the sign compared with the Jitney Jungle sign, ex- plaining the proposed sign is lighted, but not flashing, faces Weber Road, and is 250 feet from the property lines in Schanen Estates; and stated that H.E.B. does not have sign problems in any of the many other cities in which they operate. They felt that with the increased development of this fifteen acre tract, that more businesses would need signs not permitted under the present zoning. They pointed out that at the time the subdivision was developed, "B-1" zoning was the zoning given to shopping centers, and sign requirements were handled by the Board of Ad- justment; that in developing as large a shopping area as this, very high standards are maintained, the food store being the anchor and every other business has to 'complement the food store; and explained that H.E.B. protects itself with all kinds of protective covenants and restrictions in this respect. Jerry Heckman, 5730 Kerry Drive, presented a petition opposing the change of zoning which he stated was signed by property owners representing at least twenty percent of the property within 200 feet of the subject property; and asked that the Council declare the 20% Rule to be in effect with respect to this application. He also presented a petition in opposition to the application which he stated contained 283 signatures representing 193 households all in Schanen Estates, and indicated widespread local opinion against any change in use or sign size on the subject property. City of Corpus Christi, Texas Regular Council Meeting May 12, 1965 Page 10 Approximately eight nearby residents spoke in opposition to any change in zoning or sign regulations on the basis of the decrease in property values and interests of the residents by reason of some of the permitted uses in other classi- fications; the traffic hazard to the many children attending the four schools in the vicinity; the fact that there is not a need for a larger sign on H.E.B. since moat of the customers come from Schanen Estates and know where the store is; and that they had bought their homes in good faith upon assurance that the area would remain rural in character. Mayor Pro Tem Blackmon pointed out that the applicant had to apply for a change of zoning under the present situation to even get a hearing on their sign problem; and that this application is another illustration of the need for doing something about a sign ordinance, City Manager Whitney said he expected to have a draft of such an ordinance for presentation for study at Monday's Work Shop. Mayor Furman declared the hearing closed. Motion by Blackmon, seconded by McDaniel and passed that this application be tabled. Fred Weldon, attorney from Dallas, representing the Local 936, Fire- fighters Association of America, stated that he wished to bring information to the Council and to request it's assistance. Mayor Furman explained that the Council would be happy to hear from any fireman, any group of individual firemen, or any City employee, or group of individual City employees, but that under the City Charter and as set forth in the State Statutes, which he read, the Council cannot recognize a labor organization as a bargaining agent. At the Chair's request, Assistant City Attorney Wayland Pilcher explained the Legal Department's position that any public employee, alone or in a group of individuals, can hire an attorney or representative of his or their choosing to represent them individually, but that the Council cannot hear a person representing himself as representing a labor union or labor union member as such; andthat proof of representation would be a matter for the Council to decide. City of Corpus Christi, Texas Regular Council Meeting May 12, 1965 Page 11 Mayor Pro Tem Blackmon suggested a public hearing starting some morn- ing; and Mayor Furman said if any fireman desiring to be heard would request such hearing in writing in time for the Council's Monday Work Shop, stating the purpose of the hearing and the matters to be discussed, the Council would set a time and date for such hearing. W. A. Scholl, president of the Local, asked the Council to grant him time -off at this time to attend such public hearing if it should be scheduled for a time when he is on duty, and also to grant time -off for any witnesses he needs; and City Manager Whitney advised Mr. Scholl of the City's policy whereby a fireman who desires time -off for personal reasons may get a fireman who is off-duty and able to take his places to do so, and reminded Mr. Scholl that the firefighting facilities of the City must be covered. There being no further business to come before the Council, the meeting was adjourned.