HomeMy WebLinkAboutMinutes City Council - 05/19/1965MINUTES
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
May 19, 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 Mayor Pro Tem Blackmon as the guest chaplain
was not present at the time.
City Secretary T. Ray Kring called the roll of those in attendance.
Motion by Blackmon, seconded by Dunne and passed that the absence of
Commissioner Wm. H. Wallace be excused for cause.
Motion by Blackmon, seconded by Dunne and passed that the minutes of the
regular meeting of April 28, 1965, be appxoved as corrected, and the minutes of
the regular meeting of May 12th be approved as furnished to the Council.
Mayor Furman recognized and read three Certificates of Commendation to
W. B. Ray High School, as follows: Journalism Department, on receiving a Merit
Award for the Best School Newspaper in the State for the current year, accepted by
Sherry Long; Athletic Department, for State 4A Championship in Track and Field for,
the current year, accepted by Coach Jerry Dyes who introduced six members of the
team; and to the Athletic Department for State 4A Tennis Championship, Boys Singles,
accepted by Coach Dyes who introduced two members of the Tennis Team. Mrs. Dunne
introduced eight members of the Journalism Department.
Mayor Furman recognized and congratulated the Reverend Harold Branch on
recently being conferred a Doctor of Divinity Degree at the University of Corpus
Christi.
Mayor Furman called for appointment to the Traffic Safety Advisory Board,
replacing Dr. Charles Clark recently resigned.
Motion by Blackmon, seconded by Sizemore and passed that Dr. James L.
Barnard be appointed to the Traffic Safety Advisory Board.
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City of Corpus Christi, Texas
Regular Council Meeting
May 19, 1965
Page 2
Mayor Furman read and presented a proclamation proclaiming Saturday, May 22,
1965, as MARITIME DAY in Corpus Christi; accepted by Captain Walls.
Mayor Furman called for the opening of bids.
The bid of Heldenfels Brothers, the only bid received on construction of
Street Improvements on North, West and South Saxet Drives, Brooks Drive, and on Fifteenth
Street between Morgan and Craig, was opened and read.
The foregoing bid was tabled for forty-eight hours as required by City Charter,
and referred to the City Manager for tabulation and recommendation.
Bids were opened and read on eight items of Steel Pipe in sizes ranging from
1" through 16", from the following: Allied Plumbing Supply Company, Inc.; Atlas Brad-
ford Co.; Brumley -Donaldson Co.; The L. B. Foster Co.; Gulf Supply Co., Inc.; McAllen
Pipe & Supply Co., Inc.; Norvell-Wilder Supply Co.; Pipe Distributors, Inc.; Republic
Supply Co.; Superior Iron Works & Supply Co.; Kaiser Steel Corp.; Oil Well Supply
Division of U.S. Steel; Vinson Supply Co.; Jones & Laughlin Steel Corp.; Alamo Iron
Works; Phoenix Supply Co.; and Rodman Supply Co.
The foregoing bids were tabled for forty-eight hours as required by City
Charter, and referred to the City Manager for tabulation and recommendation.
Bids were opened and read on the unloading, cleaning, coating, wrapping
and storage of Steel pipe in sizes ranging from 1" through 16", from the following:
Pipe Line Service Corp.; and Rosson-Richards Co. of Texas, Inc.
The foregoing bids were tabled for forty-eight hours es 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 the recommendations and requests be approved and granted as
follows:
a. That acceptance and payment of final Estimate No. 2 in the amount of
$18,591.83 to Heldenfells Brothers for construction of 19th Street Connection to
Morgan, be approved;
b. That award of contract for construction of the Saratoga Drainage Im-
provements to King Construction Company in the amount of $8,111.95, be approved;
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City of Corpus Christi, Texas
Regular Council Meeting
May 19, 1965
Page 3
and appropriation be made in the sum of $98000,00;
c. That authority to advertise for bids to be received on June 16, 1965,
at a special meeting at 8000 a.m., on Annual Supply Contracts for forty-four items
listed by the Purchasing Agent as being required by various Departments, be granted;
d. That real estate sales contract for the purchase of a tract of land, a
portion of Lot 6, Block 1, Buena Vista Subdivision, adjacent to the Interstate 37,
for the sum of $800.00, for the purpose of relocating a gas regulator station to be
moved in connection with the highway improvements, be approved;
e. That the sales contract for the purchase of Parcel #25, Lot 4, Block 1,
Chapman Addition, in connection with the right of way for Midtown Traffic Exchange,
for the consideration of $130250 which includes the lot and improvements, be approved;
f. That a lease with Frank and Irving Breslau for leasing the building on
Water Street formerly occupied by the Social Security Administration for the reloca-
tion of Corporation Court on a temporary basis, for the sum of $250.00 per month
for a term of two years, be approved;
g. That the date of June 9, 1965, at the regular meeting, be set for
public hearing on two zoning applications;
h. That a contract with J. R. Renfro, Mechanical Engineer, to perform
the work of design and preparation of plans and specifications and supervision of
installation of air conditioning the Carden Club Building, for an engineering fee of
3V. of the contract price, estimated not to exceed $500.00, be authorized;
i. That the date of May 26, 1965, during the regular meeting, be set for
public hearing on two applications of Cities Service Oil Company for permits to
drill and operate two oil and gas wells in Corpus Christi Bay,
City Manager Whitney was excused since he had to catch a plane for Washing-
ton, D.C., to attend Vice -President Humphrey's meeting with City Managers, and
Assistant City Manager R. Marvin Towo.aend took his place.
Mayor Turman announced the pending item of Application #465-6, landsman
Realty Company, for change cf zoning from "B=1" Neighborhood Business District to
1°8-4" General Business District on Lot "A" Town and Country Shopping Center, on
which public hearing was held May 12, 1965.
City of Corpus Christi, Texas
Regular Council Meeting
May 19, 1965
Page 4
Motion by Blackmon, seconded by Dunne and passed, with McDaniel abstain-
ing, that the application be approved and an ordinance be brought forward changing
the zoning from "B-1" to "B-4" General Business District on Lot "A", Town and
Country Shopping Center,
Mayor Furman announced the pending item of Application #465-5, Del Starr
Realty Company, for change of zoning from "B-1" Neighborhood Business District to
"E-5" Primary Business District on all of Block 10, Schanen Estates Unit #1, on
which public hearing was held May 12, 1965.
Motion by Blackmon, seconded by Dunne and passed that action on this
application be deferred for one week,
Mayor Furman announced the public hearing on the Appeal of Adolfo G.
Estrada from the Decision of the Taxicab Inspector in revoking his Taxicab License.
Assistant City Attorney Wayland Pilcher conducted the hearing by questions
and answers, and during the hearing introduced in evidence the application for
Taxicab Driver's License of Adolfo G. Estrada; the fingerprint card taken by Mr.
Molder as Taxicab Inspector at the time of application and subsequently sent to
the Federal Bureau of Investigation in Washington, D.C.; the F.B.I. Record returned
with the fingerprint card co the Taxicab Inspector; copy of the Taxicab Inspector's
written notice to Mr. Estrada that his Taxicab Driver's License was revoked, and
the reasons for such action, and stating his right to appeal this decision; and
Mr. Estrada's Taxicab Driver's License No. 592.
Dave Molder testified during the hearing as Taxicab Inspector for the
City of Corpus Christi, the application introduced as evidence is the application
form given every applicant for a Taxicab Driver's License to fill out completely
and instructed to answer all questions truthfully; that they are allowed to take
the application home to fill out and can have assistance in filling it out and as
much time as they want; that each applicant is then fingerprinted; three copies
of the fingerprint card are made, one of which is sent to the Department of Safety
in Austin, one is sent to the F.B.I. in Washington, D.C., and the other is kept
for the Taxicab Inspector's files; that after the application is returned to the
Taxicab Inspector, the applicant is given a written geography test. Mr. Molder
testified that he had issued the license to Mr. Estrada on the basis that his
application showed only one violation of law ten years ago and none since; that
City of Corpus Christi, Texas
Regular Council Meeting
May 19, 1965
Page 5
about two weeks later when he received the report from the F.B.I. and checked it over,
he had written Mr. Estrada cancelling his Taxicab Driver's License on the basis that
he had made false statement since his application was not filled out completely and
truthfully. In answer to questions from the Council, Mro Molder stated that whether
or not he issues a driver's permit depends on the amount of a man's record, whether
convicted or not, and on the type of cases involved; that he has been Taxicab Inspector
since December 15, 1963, and to his knowledge, this is the first case of an applicant
failing to answer the questions correctly; and that in order to pass the geography
test a person has to be able to read and write.
During the hearing, Mr. Estrada stated that he thought they wanted to know
if he had ever been in the penitentary and that was why he put down the felony charge;
that he does not know how to read very much; that there are five or six men driving
Yellow Cabs with worse records than he has, so he doesn't see why his license was
revoked. He admitted to the various charges on the F.B.I. report, but that he did
not think the shop lifting conviction in San Francisco, for which he served thirty
days in jail, was a felony; that he had been in jail many times and could not re-
member how many times; that he had been in the State Hospital for four or five months,
treated for the mentally ill; and that he had been taking what Dr. Furman said was
probably "Eenzadrene" when Mr. Estrada called it "menzadrene" and said the9'were pep
pills to keep him awake.
Mayor Pro Tem Blackmon pointed out on the F.B.I. record those charges that
were convictions, those discharged that appeared to be arrest and release, and those
which appeared to be suspicion since no disposition was indicated; Commissioner
Jimenez pointed out that Mr. Estrada had told of the worst offense on his applica-
tion; and Commissioner Sizemore pointed out there might be a barrier of understanding,
and further that according to Mr. Molder's interpretation of the ordinance, any
violation of any City law would have to be listed, some of which could not be
pertinent.
In anwwer to questions, Mr. Molder stated that Mr. Estrada had denied
being in California when he talked to him after receiving the letter revoking his
license; and further, that he would not have issued Mr. Estrada's license if he
had known of the contents of the F.B,I, report first, because he will not consider
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City of Corpus Christi, Texas
Regular Council Meeting
May 24, 1965
Page 6
anyone with a marijuana or narcotics record.
Assistant City Attorney Wayland Pilcher pointed out that there was no
particularly pleasure in digging up a man's past, but that the present taxicab
ordinance is designed to protect the public, since we entrust our wives and children
to taxicab drivers; that our taxicab drivers have a good record. Mr. Pilcher pointed
out that apparently Mr. Estrada reads well enough to know what is a felony and to
know the distinction between arrest and conviction, and that he therefore finds it
difficult to believe he did not understand the question on the application; and that
although he had told of the worst offense, it was also the one furthest away.
Mayor Furman declared the hearing closed, and announced the Council would
take the matter under consideration, and that a decision would be reported in
Council meeting.
Mayor Pro Tem Blackmon said that the particular question under discussion
does not follow the ordinance language, and suggested that the forms be revised
before this situation can repeat itself.
Motion by Blackmon, seconded by Jimenez and passed that the proposed
ordinance granting a special permit on Lot 24, Block 5, Lexington Estates, for a
sign be deleted from the agenda for this week.
Ben F. McDonald, attorney representing Marvin L. Berry, asked that the
minutes reflect his filing at this meeting before the passage of the enacting
ordinance, the protest of his client who owns the property at 4002 Up River Road,
immediately adjacent and to the rear of Lot 1, Block 3, Retama Grove, to the change
of zoning from residential to professional office use of Lot 1, Block 1, and Lot 1,
Block 3, Retama Grove, on the basis of sections of Article L011e of Vernon's
Annotated Civil Statutes. Mr. McDonald stated that his client is the present
title holder of the property, that he did not receive notice of the hearing on
this zoning change, and that he was protesting on the basis that it will diminish
the value of his property, and that it constitutes spot zoning since there is no
professional zoning in the area, and also based on the position takeh by the City
City of Corpus Christi, Texas
Regular Council Meeting
May 19, 1965
Page 7
Council in denying the application of Dr. Pulliam for change of zoning on property
to the east of the subject property. Mr. McDonald pointed out that if the proposed
ordinance should be passed over his client's objection, he believes the ordinance
would be invalid.
City Attorney Singer informed the Council that the public hearing before
the Council only requires publication in the official newspaper; that the mailing
of notices to property owners of this hearing is a matter of courtesy of the Council
and not a requirement of the law; and that the matter of the protest would have to be
checked to see if it is in fact a protest under the law.
Motion by Dunne, seconded by Sizemore and passed with Jimenez voting "Nay,"
that the proposed ordinance changing the zoning of Lot 1, Block 1, and Lot 1, Block 3,
Retana Grove, be removed from the agenda for today.
Commissioner McDaniel suggested the deletion at this time of the proposed
ordinance making Meadowbrook Drive from Gollihar to Lambert a one-way street since
it was for the protection of school children and school will be closed for the
summer in another week. Mr. Townsend explained that the effective date of the
ordinance is from and after passage and publication in the official publication
of the City, and that it is the intent of the Staff not to publish the ordinance
until time for school to re-open in September, which was satisfactory to the
Council.
City of Corpus Christi, Texas
Regular Meeting
May 19, 1965
Page 8
ORDINANCE N0. 7576
RECEIVING AND ACCEPTING CONSTRUCTION OF THE 19TH STREET CONNECTION TO MORGAN IM-
PROVEMENTS, PROJECT NO. 220-56-27, AS PERFORMED BY THE CONTRACTOR, HELDENFELS BROTHERS,
UNDER THEIR CONTRACT DATED DECEMBER 16, 1964, AUTHORIZED BY ORDINANCE NO. 7436;
AUTHORIZING PAYMENT OF FINAL ESTIMATE NO. 2, DATED MAY 11, 1965, IN THE AMOUNT OF
$18,591.83, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, SAID PAYMENT
TO BE MADE FROM NO. 220 STREET 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: Furman, Blackmon, Dunne, Jimenez, McDaniel and Sizemore present
and voting "Aye;" Wallace, absent.
ORDINANCE NO. 7577
AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS
CHRISTI, TO EXECUTE A CONTRACT WITH KING CONSTRUCTION COMPANY FOR CONSTRUCTION OF
SARATOGA DRAINAGE IMPROVEMENTS, PART III OF PROJECT NO. 295-64-37.1, SCEANEN DITCH,
BETWEEN OSO CREEK AND EVERHART ROAD; APPROPRIATING OUT OF NO. 295 STORM SEWER BOND
FUND THE SUM OF $9,000.00 OF WHICH AMOUNT $8,111.95 IS FOR THE CONSTRUCTION CONTRACT
AND $888.05 IS FOR CONTINGENCIES INCLUDING ENGINEERING, LABORATORY AND LEGAL ADVER-
TISING COSTS; 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. 7578
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 GRANTING A SPECIAL PERMIT ON ALL
OF LOTS 12, 13 AND 14, BLOCK "A", FLOUR BLUFF ESTATES #1, IN THE CITY OF CORPUS
CHRISTI, NUECES COUNTY, TEXAS, FOR THE OPERATION OF A MINIATURE GOLF COURSE AND
DIVING TANK, SUBJECT TO THE REGULATIONS OF THE "B-4" GENERAL BUSINESS DISTRICT AND
SUBJECT TO THE SITE PLAN AS PRESENTED; 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. 7579
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 TINE, AND PARTICUALRLY
AS AMENDED BY ORDINANCE NO. 6106, AS AMENDED, BY AMENDING THE ZONING MAP BY CHANGING
THE ZONING ON TRACT 2 OF THE RESUBDIVISION OF A PORTION OF STATE SURVEY 422, ABSTRACT
850 FROM "R -1A" ONE -FAMILY DWELLING DISTRICT TO "B-1" NEIGHBOREOOD BUSINESS DISTRICT;
KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEAL-
ING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY.
City of Corpus Christi, Texas
Regular Council Meeting
May 19, 1965
Page 9
The Charter rule was suspended and the foregoing ordinance was passed
by the following votes Furman, Blackmon, Dunne, Jimenez, McDaniel and Sizemore,
present and voting "Aye;" Wallace, absent.
ORDINANCE NO. 7580
AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS
CHRISTI, TO EXECUTE A LEASE AGREEMENT WITH FRANK BRASLAU AND IRVING BRASLAU FOR THE
LEASING OF A BUILDING AT 530 SOUTH WATER STREET, IN THE CITY OF CORPUS CHRISTI,
TEXAS, FOR A TERM OF TWO YEARS, AT A RATE OF $250.00 PER MONTH, FOR USE AS A CORPORA-
TION COURT BUILDING, A COPY OF WHICH LEASE AGREEMENT IS ATTACHED HERETO AND MADE A
PART HEREOF; 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.
FIRST READING OF AN ORDINANCE AMENDING SUBSECTION (a) OF SECTION 21-153 OF THE
CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, SO AS TO ADD TO THE SCHEDULE OF ONE-WAY
STREETS PROVISIONS FOR MEADOWBROOK DRIVE FROM GOLLIHAR ROAD TO LAMBERT STREET, IN
THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS; PROVIDING AN EFFECTIVE DATE; AND
PROVIDING FOR PUBLICATION.
The foregoing ordinance was read for the first time and passed to its
second reading by the following vote: Furman, Blackmon, Dunne, Jimenez, McDaniel
and Sizemore, present and voting "Aye;" Wallace, absent.
ORDINANCE NO. 7581
AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF
CORPUS CHRISTI, TO ENTER INTO AN AGREEMENT WITH J. R. RENFRO DBA RENFFRO ENGINEER-
ING COMPANY, FOR THE AIR-CONDITIONING OF THE GARDEN CLUB BUILDING LOCATED IN THE
CORPUS CHRISTI NATURE CENTER PARK, ADJACENT TO GREELY DRIVE, IN THE CITY OF CORPUS
CHRISTI, NUECES COUNTY, TEXAS, IN ACCORDANCE WITH THE TERMS AND CONDITIONS SET
FORTH IN THE AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF;
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.
Paul W. Bellow, District Manager for Gulf Supply Company, distributors
of pipe valves and fittings, urged that the City buy domestic products made in
the United States because of the unfavorable balance of payment and on the basis
that when buying products made in the United States the City is helping our
country's economy and that of Corpus Christi.
Tony Juarez asked if anything has been done in regard to his petition
presented about three weeks ago in connection with the sewage conditions in Lex-
ington Center area.
City of Corpus Christi, Texas
Regular Council Meeting
May 19, 1965
Page 10
Assistant City Manager Townsend answered that the Staff is not ready
to make final report to the Council on this matter; that the sewage problem re-
ferred to is as bad as Mr, Juarez stated; that there are only a few residences in
this subdivision and the cost of the master plan of sewer system to serve the
area is in the neighborhood of $150,000 for a large main from Greenwood Drive to
this location; and that the Staff is trying to find some other approach to the
problem that will be economically feasible and expects to have a report to the
Council at next Monday's Work Shop.
There being no further business to come before the Council, the meeting
was adjourned,