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HomeMy WebLinkAboutMinutes City Council - 06/16/1965PRESENT: Mayor McIver Furman Commissioners: Dr. P. Jimenez, Jr. Ken McDaniel Ronnie Sizemore Wm. H. Wallace • MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING June 16, 1965 2:00 p.m. 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 His Excellency, Most Reverend Adolph Marx, Administrator of the Diocese of Corpus Christi. City Secretary T. Ray Kring called the roll of those in attendance. Motion by Sizemore, seconded by McDaniel and passed that the absence of Mayor Pro Tem Jack R. Blackmon and of Commissioner Patrick J. Dunne be excused for cause. Motion by McDaniel, seconded by Wallace and passed that the minutes of the regular meeting of June 9, 1965, be approved as furnished to the Council. Mayor Furman read and presented a proclamation relative to the following: CORPUS CHRISTI DAY in the City of Corpus Christi, Thursday, June 17, 1965, and urged the citizens to reflect upon the significance of the name of our City and to observe and participate in this historic celebration and pay homage to Him, "The Body of Christ" from whence the name evolved; accepted by Bishop Marx, who commented that he had attended the meeting today to offer a prayer for Divine Guidance for the Council for the work they are doing, and to extend his sincere in- vitation to all the Council to participate in the observance of this Feast Day at the Corpus Christi Cathedral. Mayor Furman brought up the pending item of Application #465-7, Memory Gardens of Corpus Christi, Inc., for change of zoning from "B-4" General Business District to "B-5" Primary Business District on all of Lot 1, Brown -Lex Tract, on which public hearing was held June 9, 1965. Commissioner Wallace stated that inasmuch as the property is now zoned "B-4" which has no restrictions on signs so long as they advertise the business that occurs on the property, that he moved that a special Council permit be granted ;7; City of Corpus Christi, Texas Regular Council Meeting June 16, 1965 Page 2 to erect a 10' x 20' sign at a location on the property that will not create a traffic hazard; and the motion was seconded by Jimenez. City Attorney Singer suggested that the special Council permit be a re- vocable permit, and suggested the inclusion of the words "that will not create e traffic hazard as determined by the Traffic Engineer." Commissioner McDaniel suggested that the Council consider granting a tem- porary permit on a year-to-year basis, rather than a revocable permit, on the basis that a time limit makes it subject to periodic review as to changing con- ditions. Wallace and Jimenez both accepted the amendments, and the amended motion to deny the request for a change of zoning, but in lieu to grant a special Council permit to erect a 10' by 20' sign at a location on Lot 1, Brown -Lex Tract that will not create a traffic hazard as determined by the Traffic Engineer, on the basis that the Council may, by ordinance, resolution or motion, revoke said special permit on any anniversary date of this ordinance, was passed. Mayor Furman brought up the pending item of Application #465-8, Mrs. Anne Rogers Leech, for change of zoning from "R -1A" One -family Dwelling District to "R-2" Two-family Dwelling District on all of Lots 1-A and 2-A, Block 5, Calallen Townsite, on which public hearing was held June 9, 1965. Motion by Sizemore, seconded by Wallace and passed that the recommenda- tion of the Zoning & Planning Commission be concurred in, and the application be denied. Mayor Furman announced that a Second Corporation Court was authorized by ordinance at last week's meeting, and that he nominated Robert L. Bunting as Judge of Corporation Court No. 2. The nomination was seconded by Jimenez, and the appointment of Robert L. Bunting as Judge of Corporation Court No. 2 was un- animously approved by the Council. Mayor Furman announced the public hearing on the application of 5. A. Story for a permit to drill Well #1, T. F. Masten, Jr., et al Lease, Block 500, Sheppard Farm Lots, Saxet Field, Nueces County. City Manager Whitney located the proposed well site on the plat south of State Highway 9 and west of Clarkwood Road; described the proposed drilling to a City of Corpus Christi, Texas Regular Council Meeting June 16, 1965 Page 3 total depth of 5,000 feet and the casing program to a depth of 300 feet, cemented back to the surface. Mr. Whitney stated the applicant has submitted the required documents relative to mineral leases and assignment of lease to him; Railroad Com- mission permit; plat showing well location; certificates of insurance and property damage liability; and the necessary filing fee. Mr. Whitney presented a copy of an aerial photo submitted by the applicant, showing the proposed well site in relation to the location of the Celanese Corporation research plant, which is about 400 feet distant, some utility lines and the privately owned Celanese electric sub -station, which is about 275 feet distant, Clarkwood Road, which is 330 feet distant from the centerline of the street; and also presented and read copy of a letter, signed by the applicant, stating what he proposed to do and agreeing the well will be drilled, plugged and/or completed at the sole cost, risk and expense of the applicant, to indemnify Celanese Corporation against any damages in connection with the opera- tion, to return the land as nearly as possible to condition prior to operations, and to pay actual damages occuring by operations. Mr. Whitney pointed out that the copy is not signed by Celanese Corporation as accepted and agreed, but that it was his understanding that the letter was acceptable to Mr. Roussell of the local office but had been forwarded to the home office; and stated that Engineering Department has inspected the location, and that the application complies in all respects with the ordinance. He recommended that since Celanese Corporation is the owner of the surface rights and the only property owner within 400 feet of the proposed drilling site, that subject to acceptance of the applicant's letter to Celanese Corporation, the permit be granted. No one appeared to be heard in connection with this application. Motion by Wallace, seconded by Sizemore and passed that the hearing be closed. Motion by Sizemore, seconded by McDaniel that the permit be granted as re- commended by the City Manager, subject to approval by Celanese Corporation. In discussing the motion, Commissioner Wallace stated that he did not like the form of the motion, but would vote for it on the vasis that notice of the hearing has been published and if Celanese Corporation was opposed he believes City of Corpus Christi, Texas Regular Council Meeting June 16, 1965 Page 4 they would have appeared; and Commissioner McDaniel agreed; and City Attorney Singer informed the Council that a waiver is not necessary since proper notice has been made and Celanese Corporation has had the opportunity to make its position known. Commissioner Sizemore said he wished his motion to stand, Jimenez seconded the motion, and on vote the motion passed to grant the permit as recommended by the City Manager, subject to approval of the conditions of the letter referred to by Celanese Corporation. Mayor Furman called for the City Manager's Reports. Motion by Wallace, seconded by Sizemore and passed that the City Manager's Reports on Items "a" through "g" be accepted, with Item "h" being considered separ- ately, and the recommendations and requests be approved and granted as follows: a. That acceptance and payment of final Estimate No. 6 in the amount of $39,463.56 to Womack and Manning for construction of the Everhart Road Improve- ments, be approved; b. That the revised plans and specifications for the Saxet Heights Street Improvements be approved; and the request for authority to advertise for bide to be received on July 7, 1965, on the basis of all work, including caliche under curbs, be granted; c. That authority to institute condemnation proceedings for the acquisi- tion of Parcel No. 1 for utility right of way for Line 27A, Turkey Creek Trunk Line, be granted; d. That the request of the Central Business District Association for free on -street parking at all meters after 10 a.m. on each of three days, July 6, 9 and 10, 1965, in connection with the first in a series of semi-annual sales pro- motion events in the down town area, be granted on a trial basis with the under- standing that it is not establishing a precedent; e. That the recommendation of the Traffic Engineer and the Traffic Safety Advisory Board for the reduction of speed limits on Airline Road from a point 200 feet south of the centerline of Williams Drive to the south City limits line, and from the south right of way line of Lexington Boulevard to a point 200 feet City of Corpus Christi, Texas Regular Council Meeting June 16, 1965 Page 5 south of Williams Drive, and for the reduction of speed limits on Laguna Shores Road from a point 300 feet south of the centerline of Graham Road to the center- line of Island Drive, and from a point 300 feet south of the centerline of Graham Road to the Tropic Isles Main Channel, be approved; f. That the date of July 7, 1965, at a special meeting at 3:30 p.m., be set for public hearing on two zoning cases; g. That the date of June 23, 1965, during the regular meeting, be set for public hearing on the application of John C. Hill for permit to drill a well in Lot 25, Section 52, of Flour Bluff and Bncinal Farm and Garden Tracts, Nueces County; h. Considered separately, as stated in the motion, relative to an applica- tion for permit to drill a well, on which publication of notice of public hearing is not required. Commissioner Sizemore requested that the action taken earlier in the meet- ing with respect to the application of S. A. Story for a permit to drill be re- considered in view of the fact that he had just received additional information on the matter. Motion by Sizemore, seconded by Jimenez and passed that the motion under discussion be amended, and that S. A. Story be granted a permit to drill Well No. 1, T. F. Masten, Jr., et al Lease, Block 500, Sheppard Farm Lots, Saxet Field, Nueces County. Mayor Furman announced the public hearing on the application of Southern Minerals Corporation for a permit to drill Well #6, HOCO.Hunter Lease, Saxet Field, A. C. Page Survey A-1002, Nueces County. City Manager Whitney presented the application; pointed out the proposed location of the well on the plat 430 feet north of Hunter Lane and one-half mile from Interstate Highway 37; explained the proposed depth to be not greater than 4500 feet, and the casing program to 300 feet below the surface; stated that the applicant has submitted the required evidence of full leasehold ownership; copy of Railroad Commission permit; plat showing the well location; certificate of insurance and property damage liability; and required filing fee. He stated that the City of Corpus Christi, Texas Regular Council Meeting June 16, 1965 Page 6 Engineering Department has inspected the proposed location and certifies that the location in no way conflicts with the City ordinance with respect to distance re- quirements of buildings, roads or improvements; and recommended that the permit be approved. City Attorney Singer informed the Council that it may approve less than 1,000 feet of surfacing which is proposed by the applicant; and added that Mr. Keeling, attorney for the applicant and his engineer were present to answer any questions as to the safety of the operation. No one appeared to be heard. Motion by Wallace, seconded by Sizemore and passed that the hearing be closed, and that the application of Southern Minerals Corporation for permit to drill Well #6, HOCO-Hunter Lease, Saxet Field, A. C. Page Survey A-1002, Nueces County, be granted as submitted. ORDINANCE NO. 7607 THIRD READING OF AN ORDINANCE 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 REZONING A 2.6 ACRE, MORE OR LESS, TRACT OF LAND OUT OF LOT 25, SECTION 17, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, LOCATED AT THE NORTH- WEST INTERSECTION OF McARDLE ROAD AND NILE DRIVE, ALSO KNOWN AS TRACT 1 AND TRACT 2, BLOCK "C", PHARAOH VALLEY, SOUTHWEST UNIT 1, AS SHOWN BY PLAT FILED FOR RECORD IN VOLUME 28, PAGE 94, NUECES COUNTY MAP RECORDS, FROM "R -1B" ONE -FAMILY DWELLING DISTRICT TO 'B-1" NEIGHBORHOOD BUSINESS DISTRICT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CON- FLICT HEREWITH. The foregoing ordinance was read for the third time and passed finally by the following vote: Furman, Jimenez, Sizemore and Wallace, present and voting "Aye"; McDaniel abstaining and Blackmon and Dunne absent. SECOND READING OF AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A LEASE AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND SOUTTTS'F;ST AIRLINES, TNr., COVERING THE RENTAT. Or SPACE AT CORPUS CHRISTI INTERNATIONAL AIRPORT AND THE USE OF SAID AIRPORT, A COPY OF SAID LEASE BEING ATTACHED HERETO AND MADE A PART HEREOF. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Furman, Jimenez, McDaniel, Sizemore and Wallace, present and voting "Aye"; Blackmon and Dunne absent. City of Corpus Christi, Texas Regular Council Meeting June 16, 1965 Page 7 Howard Sudduth, attorney representing Harvey Ray Gilly, a taxicab driver, spoke at length in opposition to any fee being charged in connection with obtain- ing a taxicab chauffeur's license as set out in the proposed amendment to the Taxi- cab Ordinance. He argued that the provision was unfair and invalid based on the suit pending against the City in which the District Court, upheld by other Courts, has granted a temporary injunction enjoining the City from collecting a five dollar fee for obtaining a taxicab chauffeur's license; that it is the prerogative of the City to require such licenses and to set standards and conditions but not to charge a fee to defray the cost; that the provision that the fee is recoverable by the applicant if the applicant furnishes the required FBI fingerprint record and criminal record is an attempt to get around the spirit of the law because, as a former FBI man he knows these records are not furnished a private individual; and urged that the matter of the proposed amendment to the taxicab ordinance be deferred until such time as the pending case is finally decided by the Courts. J. R. Villareal spoke in opposition to the fee as being an unjust burden on the taxicab driver, and felt that it was an administrative expense that should be taken from the taxes paid by the taxicab compaines to the City, Mrs. Levi Materne could see no difference in charging a fee to defray the expenses involved in this instance than in charging a fee to defray the expenses involved obtaining a building permit. SECOND READING OF AN ORDINANCE AMENDING THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, BY REPEALING SECTIONS 36-33, 36-41 AND 36-42, UNDER ARTICLE I, TAXICABS, AND IN LIEU THEREOF ADOPTING NEW SECTIONS 36-33, 36-41 AND 36-42, AND ADDING A NEW SECTION TO BE NUMBERED SECTION 36-36.1, SAID NEW SECTIONS TO CLARIFY CERTAIN PROVISIONS OF THE CITY CODE RELATING TO TAXICABS; CONTAINING A SAVINGS CLAUSE; PRO- VIDING FOR PENALTY; PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the second time and failed to pass to its 3rd read- ing by the following vote: Furman and McDaniel present and voting "Aye"; Sizemore and Wallace abstained; Jimenez voted "Nay"; and Blackmon and Dunne absent. City Attorney Singer pointed out that the foregoing proposed ordinance did not receive sufficient favorable votes to pass to its third reading, and asked the Council if they wanted him to revise the ordinance leaving out the provision relative to the fee. The Chair answered that this matter would be discussed at the Work Shop meeting on Monday. City of Corpus Christi, Texas Regular Council Meeting June 16, 1:65 Page 8 ORDINANCE N0. 7608 AUTHORIZING EMINENT DOMAIN PROCEEDINGS BY THE CITY OF CORPUS CHRISTI TO CONDEMN FEE TITLE TO A CERTAIN TRACT OR PARCEL OF LAND; DESCRIBING THE SAME; DESIGNATING THE TITLE HOLDERS; DESIGNATING SAID CONDEMNATION AS BEING NECESSARY TO ACQUIRE RIGHT OF WAY EASEMENT FOR TURKEY CREEK TRUNK MAIN, LINE 27-A, WITHIN THE CITY OF CORPUS CHRISTI; DIRECTING THE CITY ATTORNEY TO INSTITUTE PROCEEDINGS TO CARRY OUT THE INTENTION OF THIS ORDINANCE; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Furman, Jimenez, McDaniel, Sizemore and Wallace, present and voting "Aye"; Blackmon and Dunne absent. ORDINANCE NO. 7609 AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE SUPPLEMENTAL AGREEMENT NO. t TO LEASE FA64SW-1884 BETWEEN THE CITY OF CORPUS CHRISTI AND THE UNITED STATES OF AMERICA CONCERNING THAT CERTAIN AREA IN THE CONTROL TOWER STRUCTURE AT THE CORPUS CHRISTI INTERNATIONAL AIRPORT USED AS QUARTERS FOR FEDERAL AVIATION AGENCY SYSTEMS MAINTENANCE SECTOR, ALL IN ACCORDANCE WITH THE TERMS OF SAID SUPPLEMENTAL AGREE- MENT NO. 1, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLAR- ING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Furman, Jimenez, McDaniel, Sizemore and Wallace, present and voting "Aye"; Blackmon and Dunne absent. ORDINANCE NO. 7610 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI, THE STATE OF TEXAS AND THE COUNTY OF NUECES,FOR A CONTINUING,COMPREHENSIVE, COOPERATIVE TRANSPORTATION STUDY 6uR THE URBAN AREAS OF CORPUS CHRISTI AND NUECES COUNTY, ALL AS MORE FULLY SET FURTH 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, Jimenez, McDaniel, Sizemore and Wallace, present and voting "Aye"; Blackmon and Dunne absent. ORDINANCE NO. 7611 RECEIVING AND ACCEPTING CONSTRUCTION OF THE EVERHART ROAD IMPROVEMENTS, PROJECT NOS. 220-61-79 AND 250-61-41, AS PERFORMED BY THE CONTRACTOR, WOMACK AND MANNING, UNDER THEIR CONTRACT DATED DECEMBER 9, 1964, AUTHORIZED BY ORDINANCE NO. 7427, SAID IM- PROVEMENTS BEING FROM HOLLY ROAD TO SARATOGA BOULEVARD; AUTHORIZING PAYMENT OF FINAL ESTIMATE N0. 6, DATED JUNE 7, 1965, IN THE AMOUNT OF $39,463.56, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, SAID PAYMENT TO BE MADE FROM 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, Jimenez, McDaniel, Sizemore and Wallace, present and voting "Aye"; Blackmon and Dunne absent. City of Corpus Christi, Texas Regular Council Meeting June 16, 1965 Page 9 ORDINANCE NO. 7612 AMENDING THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED BY ORDINANCE NO. 7077, PERTAINING TO SPEED LIMITS ON LAGUNA SHORES ROAD FROM ISLAND DRIVE TO THE TROPIC ISLES MAIN CHANNEL, BE AND THE SAME IS HEREBY AMENDED AS HEREINAFTER SET FORTH; AMENDING THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED BY ORDINANCE NO. 6853, PERTAINING TO SPEED LIMITS ON AIRLINE ROAD FROM LEXINGTON BOULEVARD TO THE CITY LIMITS, BE AND THE SAME IS HEREBY AMENDED AS HEREINAFTER SET FORTH; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Furman, Jimenez, McDaniel, Sizemore and Wallace, present and voting "Aye"; Blackmon and Dunne absent. Mrs. Miles Harding, 722 Caddo, and several residents of this area, appeared to thank the City Manager for having the extra policemen sent to this area to stop the teenagers from hot -rodding and racing cars on Caddo, and especially to enforce the curfew law; said they would especially like to have Officer Mudd assigned to the Pick's Drive-in area permanently; and said that they feared the threatened re- praisals when the extra policemen leave. The matter was discussed at some length with various residents pointing out the traffic patterns on the map and the ways that residents in the area streets could get to and from their homes in the event that Caddo Street could be closed. Commissioner Jimenez felt the street should be closed; Commissioner Wallace asked if the street could be barricaded on a tempor- ary basis subject to the acquiescence of the property owners; and City Attorney Singer answered that the Council could direct that the street be barricaded for a period of ninety days as a temporary measure. Motion by Wallace, seconded by Jimenez that as an emergency measure the street be barricaded for a period of ninety days, and that the matter of a per- manent solution to the problem be discussed at Monday's Work Shop meeting. In discussing the motion, Commissioner McDaniel felt the Council was doing something on the spur of the moment, and that the property owners involved should be heard from before this type of action is taken. On vote, Furman, Jimenez, Sizemore, and Wallace voted "Aye" and McDaniel voted "Nay," and the Chair declared the motion to barricade the street for ninety days had passed. C. Aubrey Smith, president of the Coastal Bend Semi -pro Baseball Associa- tion, extended an invitation for the Council to attend the Semi -pro Baseball City of Corpus Christi, Texas Regular Council Meeting June 16, 1965 Page 10 Tournament which gets under way Friday night, June 18th. He commented that the Mayor is going to throw out the first ball by actually pitching from the mound, that Commissioner Sizemore is going to catch for him, and asked for a volunteer from the Council to bat. There being no further business to come before the Council, the meeting was adjourned. THE STATE OF TEXAS COUNTY OF NUECES CITY OF CORPUS CHRISTI . NOTICE OF SPECIAL MEETING TQ Bh MEMPERS OF THE CITY COUNCIL, THE CITY MANAGER, Tffi ail' SECRETARY AND THE CITY ATTORNEY TO THE CITY OF CORPUS CHRISTI, TEXAS: NOTICE is hereby given that a special meeting of the City Council of the City of Corpus Christi, Texas, will be held in the City of Corpus Christi, Texas, in the'Council Chamber of the City Hall, at 8:00 o'clock, A.M., on the 16 day of June , 1965 , for the purpose of opening bids on Annual Supply Contracts for the various divisions of the City, and such other business as may properly come before the Council. DATED this the /(.. , day of June , 196 5 . /441-fri- A111/111'61'i/1- MC IVER FURMAN, Mayor City of Corpus Christi, Texas CONSENT TO MEETING We, the undersigned members of the City Council, the City Manager, the City Secretary and the City Attorney to the City of Corpus Christi, Texas, hereby accept service of the foregoing notice, waiving any and all irregularities in such service and consent and agree that said meeting shall be at the time and place there- in named and for the purpose therein stated. JACK R. BLACKMON PATRICK J. DUNNE DR. P. JIMENEZ, ---,..- ---------4e L *ILA 04..f.---" 1 SZ - WM. H. WALLAE HERBS'T W. I. M. SI GER City Manager City Attorney 5- T. RAY NG City Sec etary 01/ c7,16--,- C61 -1-T) 1-, 417 _zr cLa 6,1 /77 CD I> cc, 1)7 412-7,-.1 Z20- e rt -e-( ( C 1 17 f 41 61-