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HomeMy WebLinkAboutMinutes City Council - 06/30/1965PRESENT: Mayor McIver Furman Commissioners: Patrick J. Dunne Dr. P. Jimenez, Jr. Ken McDaniel Ronnie Sizemore Wm. H. Wallace 0 MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETIt June 30, 1965 2:00 p.m. City Manager Harbert W. Whitney Ass't City Att'y Wayland Pilcher City Secretary T. Ray Kring Mayor McIver Furman called the meeting to order. The Invocation was given by the Reverend J. Roland Cole, Associate Pastor of First Mehodist Church. City Secretary T. Ray Kring called the roll of those in attendance. Motion by Wallace, seconded by Dunne and passed that the absence of Mayor Pro Tem Jack R. Blackmon be excused for cause. Motion by Sizemore, seconded by McDaniel and passed that the minutes of the regular meeting of June 23, 1965, be approved as furnished to the Council, and that the minutes of June 16, 1965, re action taken on Zoning Application #465-7, Memory Gardens of Corpus Christi, be corrected to read: "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 passd." Mayor Furman read proclamations relative to the following: SAFE BOATING WEEK in Corpus Christi, July 4 through July IO, 1965; AMERICAN GI -FORUM WEEK in Corpus Christi, July 1 through July 7, 1965; accepted by Phillip Ortiz. Bids were opened and read on the construction of Marina Improvements, Unit 4, from the following: Austin Bridge Company, Colston Company, Inc.; and Loyd W. Richardson Construction Corp. The foregoing bids were tabled for forty-eight hours as required by the City Charter, and referred to the City Manager for tabulation and recommendation. Mayor Furman announced the public hearing on the application of John H. Hill for permit to drill Well No. 1, E. Richardson et al, in Lot 25, Section 52, Flour Bluff and Encinal Farm and Garden Tracts, Nueces County, { City of Corpus Christi, Texas Regular Council Meeting June 30, 1965 Page 2 Gerald James, attorney representing the applicant, explained that the original application to drill this well was filed on May 22nd, hearing was held on June 2nd, following which the application was denied; that this second appli- cation was filed June llth, and that hearing scheduled for June 23rd was rescheduled for hearing today. He pointed out that the applicant has submitted plat showing the proposed location of the well; copies of the oil and gas leases and certifica- tion that the persons named as lessors are the apparent record owners of the prop- erty; certificates of insurance and public liability up to $300,000.00. Mr. James pointed out each of the measures and precautions to be taken with respect to noise and safety as set forth in the application. He introduced Mr. Jimmy Graves, graduate petroleum engineer with over twenty-five years' experience in the oil and gas operations, who stated that he believed that every reasonable and practical precaution has been taken, and every diligent effort has been made to safeguard and drill this well with extreme caution; and various representatives of the drilling company, who explained the methods being taken with respect to drilling fluid, piping and noise mufflers, and hours of actual drilling. Mr. James stated that the elaborate methods being taken in connection with the drilling of this well exceed in every respect the requirements of the City Code and the State Statutes and all recognized procedure practices of the industry. He pointed out and identified on an aerial photo map of the area each of the residences within a 300 foot radius and within a 400 foot radius of the proposed well site, and pointed out those for which he has waivers. Mr. Jon Held, Chairman of the Board of Equalization for the Flour Bluff School System, stated that it was very important to allow the drilling of wells in order to maintain the quality of the school system without having to increase the school tax rate; and as a Flour Bluff resident, stated he has worked on a drilling rig for twelve years, never been on a blowout, and would not be afraid to live next door to a well, and that he does not believe there is any more noise and danger than the hot-rodders and the traffic on the City streets. City of Corpus Christi, Texas Regular Council Meeting June 30, 1965 Page 3 Mr. James pointed out and read the expressed conditions of record under which the surface land was sold retaining the oil, gas and mineral rights; pointed out the number of drilling permits granted within the City limits since 1962; and summed ip his presentation by stating that no legal grounds or factual bases exist for denying this permit. Charles Cartwright, attorney representing a number of persons opposed to the granting of the permit, argued that the City Code was not complied with, that the Council does not have a valid application before it, and that the granting of the permit would violate the City Code and the State Law. He questioned the validity of the application on the basis that it was executed on June 11th while the notary's stamp shows her commission expired on June 1, 1965; and that the applicant submitted a check in the amount of the filing fee while the Code states the filing fee is $300.00 in cash. He questioned the effectiveness of the pro- posed noise mufflers, and the protection of a fence only three and one-half feet high from an adventurous youngster climbing over it to look around the rig when it was unattended and perhaps spinning a high-pressure valve shut, thereby causing an immediate blow-out. He pointed out the reduction in market value to adjacent land because of the odor from the high concentration of hydrogen sulfide gas which will be strengthened by the prevailing winds in the area, and the fact that there are few homes in an area where there are wells and tank batteries. Mr. Cartwright pointed out the Council has the right to refuse to grant this permit on the basis of the character and value of the permanent improvements already erected in the area, and pointed out on the aerial map development which he felt would support this refusal. He argued that since no drilling blocks have been established by ordinance for this Flour Bluff ares since its annexation, all the annexed area becomes one drilling block, and therefore the applicant does not control the leashold estate for fifty-one percent of the drilling block as required by the Code; and that since the State law provides that whenever there is a conflict between the City and State provisions the more restrictive of the two shall apply, the distance requirement from any private residence of 200 feet applies, rather City of Corpus Christi, Texas Regular Council Meeting June 30, 1965 Page 4 than the lesser 100 -foot requirement of the City Code. Mrs. Levi Materne, Mr. J. W. Brightman, Mrs. Orris Chaffee, and Gertrude Phippeny each spoke in opposition to the granting of the permit to drill at the proposed location because of the proximity to their homes. Mrs, Harry Schaaf stated that they had just sold their residence on account of this proposed well, and no longer had any interest in the matter; and the gentleman from San Antonio who bought this property stated he did not object to the well. In answer to questions from the Council with respect to the matters men- tioned by Mr. Cartwright regarding the validity of the application and provisions of the Code and State Statutes, Mr. James stated that the 200 -foot distance re- quirement of the State law applies to land owned by a City, and that his secretary' is a qualified notary but inadvertently used the wrong notary stamp; and the Dis- trict Engineer for the Railroad Commission stated that he had looked over the area and as far as he knew there was no reason to withdraw the permit granted by the Railroad Commission; and Assistant City Attorney Pilcher stated that the Code con- templates the division of the City into consecutively numbered drilling blocks, the number of acres of each to be determined by the City Council, and that it is with- out merit to argue that the entire Flour Bluff area would be one drilling block and that an applicant would have to have fifty-one percent of the leases; and that the argument as to depreciation of property values is a part of the Council's considera- tion of balances of equities, but the determination by the Council that it will or will not depreciate property values does not automatically require the Council to deny or grant the permit. Mr. James stated thatin order to comply with the Rail- road Commission requirements, the location of the well site was geographically as far west as they could go. Motion by McDaniel, seconded by Jimenez and passed that the hearing be closed. Motion by Jimenez, seconded by Dunne that this application be tabled for one week. In discussion of the motion, Commissioner Jimenez said he was not ready to vote on the matter as he wanted to weigh the merits of each side, and Commis- sioner Wallace suggested that a brief recess for Council discussion at this point might be helpful. The motion to table was withdrawn. Motion by Jimenez, seconded by Wallace and passed that the meeting be recessed for five or ten minutes for Council discussion. City of Corpus Christi, Texas Regular Council Meeting June 30, 1965 Page 5 Following a brief recess, the meeting was reconvened, and Mayor Furman made the following statement: The Council feels that the applicant has duly met all requirements, legally, of this ordinance as it now exists, so it be- comes the business of your Council to provide for the safety of those who are involved. Motion by Wallace, seconded by McDaniel that the Council grant the permit as applied for with the priviso that the operator furnish the City with certifi- cates that it will maintain one million dollars liability insurance during the drilling and completion of the well, and that the operator also defray the ex- penses of the City in hiring a professional safety engineer to serve the City and during the drilling/completion of the well to supervise and enforce the safety provisions incident to the drilling of said well and other conditions assumed and imposed in the granting of the permit. Commissioner Sizemore suggested an amendment be added with respect to the fencing, and Commissioner Wallace added the amendment to his motion that the ingress drilling site be fenced with a six-foot cyclone fence with IssAm and egress prop- erly supervised. The amendment was seconded by McDaniel. On roll call vote, Furman, Dunne, McDaniel, Sizemore, and Wallace voted "Aye", Blackmon absent, and Jimenez abstained; and the Chair declared the motion to grant the permit had passed. City of Corpus Christi, Texas Regular Council Meeting June 30, 1965 Page 6 Mayor Furman announced the public hearing on an application for the closing of that portion of Seventh Street lying between Blocks 28 and 29, Calallen, Nueces County, being the portion between the western boundary line of highway 9 and the eastern boundary line of Avenue A. City Manager Whitney presented the application and pointed out the loca- tion of the portion of Seventh Street proposed to be closed on the map between the west boundary of Highway 9 and Avenue A projected; and explained that the Depart- ment of Public Works reports no record of any utilities whatsoever being located in the subject street, that they have no plans for any, and see no need for the street as public roadway, that it is not now open as a street, and recommends that consideration should be given to closing the portion of the alley in Block 29 be- tween Lot 1 and Lots 2, 3, 4 and 5 as there would be no access to it at either end. J. R. Sorrell, attorney for the applicants, Kelly Bickham and Ben Bickham, explained that the alley in Block 29 was closed by the Commissioners' Court before this Calallen area was brought into the City; that his clients are the owners of all of the property that abuts the portion of Seventh Street referred to in the application and desire to use the land in connection with existing filling sta- tion and grocery store operation on the property. Mr. Whitney explained the Planning Department does not recommend the closing unless access is provided to surrounding undeveloped properties; that the Utilities Department interposes no objections to the closing since there are no City utilities involved; that the Fire Department reports the closing will not affect the operation of its department; and that in the opinion of the Traffic Engineer, it will be detrimental to the circulation of traffic in this area as it develops. Mr. Rickham, present in support of the request, explained the eleva- tion characteristics of his property and that he can't make definite plans for improving the property until the street is closed. No one appeared in opposition to the closing. Motion by Sizemore, seconded by Jimenez and passed that the hearing be closed. City of Corpus Christi, Texas Regular Council Meeting June 30, 1965 Page 7 Motion by Sizemore, seconded by Jimenez and passed that an ordinance be brought forward closing the portion of Seventh Street as applied for. Mayor Furman introduced and welcomed Scout Douglas Rowe attending the meeting in connection with merit badge requirements, and presented him with in- formation literature on the City's government and administration. Mayor Furman called for the City Manager's Reports. Motion by Wallace, seconded by Sizemore and passed that the City Manager's Reports be accepted, and the recommendations and requests on Items "a" through "h", be approved and granted, as follows: a. That reimbursement from Water Bond Funds in the amount of $90,769.00 for construction of the South Staples Water Main, Gollihar to Lexington Boulevard be approved; and that request for appropriation in the sum of $90,769.00 be granted; b. That the purchase of five acres of land known as Tract "A" in Lot 3, Lokey Subdivision, for right of way in connection with the drainage ditch for Glen Arbor No. 2 Subdivision, in the amount of $2,000.00 an acre, for a total of $10,000.00 be approved; c. That the award of bid on the basis of low bid meeting specifications to Eastern Seed Company for 5,350 pounds of hulled Bermuda Grass Seed, in the sum of $3,182.18, be approved; (Bid Tabulation #19) d. That the award of bid on the basis of low bid meeting specifications to Jackson Nursery for sixty 8' to 12' Washingtonia Filifera Palm Trees, in the sum of $1,558.20, be approved; (Bid Tabulation #20) e. That the award of bid on the basis of low bid meeting specifications to Signal Sales & Maintenance Corp. for Item 1 and Item 2 of Traffic Control Equipment in the sum of $13,152.90, be approved; (Bid Tabulation #21) f. That the award of bid on the basis of low bid meeting specifications to Addressograph Multigraph Corp. for one Offset Duplicating Machine, complete with attachments, in the sum of $3,254.30, be approved; (Bid Tabulation #22) g. That the award of bid on the basis of low bid meeting specifications to American Cast Iron Pipe Company for Lot I, Lot II, Lot III, and Lot IV of Cast Iron Pipe, in the sum of $159,714.65, and to McAllen Pipe & Supply Co., Inc. for City of Corpus Christi, Texas Regular Council Meeting June 30, 1965 Page 8 Lot IV of Asbestos Cement Pipe, in the sum of $98,580.00, making a total award of $258,294.65, be approved; (Bid Tabulation #23) h. That the award of bid on the basis of low bid meeting specifications to Metal Products Division of Armco Steel Corp. for 900 feet of 36 inch Corrugated Galvan- ized Casing, 14 gauge, in the sum of $5,641.65, be approved; (Bid Tabulation #24) i. That public hearing be held at this meeting on the application of Southern Minerals Corporation for a permit to drill Well No. 4, A. J. Till Lease, Section 825, Kinney Sectionized Land, Saxet Field, Nueces County. Mayor Furman announced the public hearing on the application of Southern Minerals Corporation for a permit to drill Well No. 4, A. J. Till Lease, Section 825, Kinney Sectionized Land, Saxet Field, Nueces County. City Manager Whitney presented the application received June 29, 1965, point- ed out the location of the proposed well on the plat submitted, approximately 1500 feet from Hunter Road, 1800 feet from Southern Minerals Road, 900 feet northeast of Highway 9, and 150 feet southwest of the right of way of Interstate Highway 37, not yet constructed; explained the proposed well is a replacement for the No. 2 Till Well which was within the Interstate Highway 37 right of way and has been condemned by the State; that there are no public roads or structures within 400 feet of the proposed site; that the proposed depth of the well is not to exceed 4,500 feet and it is proposed to set surface pipe of 7-5/8 inch to at least 300 feet with 4-1/2 inch casing through the producing horizon; and stated the applicant has submitted certi- ficates of insurance of liability and property damage of $500,000/$1,000,000; the required filing fee; and copy of telegram from the Railroad Commission stating permit granted to proceed with drilling operations pending action on Rule 37 appli- cation heard 9 a.m., June 30th, on No. 4, A. J. Till, Saxet Field, Nueces County; and that the application appears to be in order, and to meet all of the require- ments of the City Code, with the possible exception of being 150 feet from a future public road. In answer to a question from the Council, Assistant City Attorney Pilcher stated that he would interpret the distance requirement to mean from an existing public road and that it does not apply to right of way of future construction. City of Corpus Christi, Texas Regular Council Meeting June 30, 1965 Page 9 Robert Keeling, attorney representing the applicant, was present in sup- port of the application and explained that the State has acquired the right of way, condemned the well, and that the No. 2 Well has been plugged for approximately six months. No one spoke in opposition to the application. Motion by Jimenez, seconded by Wallace and passed that the hearing be closed. Motion by Jimenez, seconded by Wallace and passed that the application of Southern Minerals Corporation for a permit to drill Well No. 4, A. J. Till Lease, Section 825, Kinney Sectionized Land, Saxet Field, Nueces County, be granted. ORDINANCE NO. 7619 THIRD READING OF AN ORDINANCE AMENDING THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, BY REPEALING SECTIONS 36-33 AND 36-42, UNDER ARTICLE I, TAXICABS, AND IN LIEU THEREOF ADOPTING NEW SECTIONS 36-33, AND 36-42, SAID NEW SECTIONS TO CLARIFY CERTAIN PROVISIONS OF THE CITY CODE RELATING TO TAXICABS; CONTAINING A SAVINGS CLAUSE; PROVIDING FOR PEN- ALTY; PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the third time and passed finally by the following vote: Furman, Dunne, Jimenez, McDaniel, Sizemore and Wallace, pre- sent and voting "Aye"; Blackmon absent. ORDINANCE N0. 7620 APPROPRIATING OUT OF NO. 202, WATER SYSTEM BOND FUND, THE SUM OF $90,769.00, RE- PRESENTING THE TOTAL ESTIMATED COSTS FOR THE CONSTRUCTION OF SOUTH STAPLES STREET WATER MAIN, PROJECT NO. 202-64-25; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Furman, Dunne, Jimenez, McDaniel, Sizemore and Wallace, pre- sent and voting "Aye"; Blackmon absent. ORDINANCE NO. 7621 APPROPRIATING OUT OF NO. 295 STORM SEWER BOND FUND FOR PROJECT 295-64-44.4, STORM SEWER DRAINAGE FOR GLEN ARBOR NO. 2, THE SUM OF $10,120.00 OF WHICH $10,000.00 IS FOR THE REAL ESTATE, AND $120.00 IS FOR TITLE EXPENSE, RECORDING FEES AND RELATED COSTS THERETO, ALL APPLICABLE TO STORM SEWER DRAINAGE PROJECT; AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE REAL ESTATE SALES CONTRACT FOR AND IN BEHALF OF THE CITY OF CORPUS CHRISTI, FOR ACQUISITION OF SAID PARCEL OF LAND OWNED BY C. V. GUZMAN AND WIFE ERNESTINE GUZMAN; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Furman, Dunne, Jimenez, McDaniel, Sizemore and Wallace, pre- sent and voting "Aye"; Blackmon absent. City of Corpus Christi, Texas Regular Council Meeting June 30, 1965 Page 10 ORDINANCE NO. 7622 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 COUNCIL PERMIT ON LOTS 19 AND 20, BLOCK 1102, BAY TERRACE #2, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FOR OPERATION OF AN INSURANCE AGENCY OFFICE, SUBJECT TO THE CONDITIONS CONTAINED HEREIN; 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, Dunne, Jimenez, McDaniel, Sizemore and Wallace, pre- sent and voting "Aye"; Blackmon absent. ORDINANCE NO. 7623 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 COUNCIL PERMIT ON LOT 1, BROWN -LEX TRACT, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FOR THE ERECTION AND MAINTENANCE OF A 10' x 20' SIGN, SUBJECT TO THE CONDITIONS CONTAIN- ED HEREIN; 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, Dunne, Jimenez, McDaniel, Sizemore and Wallace, pre- sent and voting "Aye"; Blackmon absent. Jack McKenzie, representing the developers of the proposed Autotown com- plex adjacent to the Parkdale State Bank property on South Staples, explained their negotiations with Humble Oil & Refining Company for the sale of the service station purchased from Benefield on the small triangular shaped island separating the main thoroughfare from the construction site of the Bank which interferes with the Bank and the auto complex and is a detriment to the flow of traffic. Mr. McKenzie stated that Humble's sale price is $40,000 of which the Bank has agreed to pay $20,000 and the developers he represents will pay $5,000 and will negotiate with Humble for a new service station site on property in the area, and urged that the City agree to paying the balance of $15,000 in order to eliminate the triangle at this intersection and permit the widening of South Staples at this point to the full width of the remainder of the street, as it was pointed out by the City Manager that the island would likely have to be eliminated at some future time when traffic at Staples and Everhart increases, at which time the cost of the land might be higher. 1 f City of Corpus Christi, Texas Regular Council Meeting June 30, 1965 Page 11 Mayor Furman suggested that this matter be discussed andstudied at the next Work Shop meeting of. the Council. Mayor Furman requested that the City Manager see that the Confederate Memorial area at the base of Broadway be brought up to proper beautification in keeping with the feelings and thought of the women in years gone by who had planned it, Commissioner McDaniel asked that consideration be given to providing water for maintaining a small triangle of City property near Alameda and Avalon which the filling station owner is willing to maintain but does not feel he can pay for the water to do so. There being no further business to come before the Council, the meeting was adjourned. 1, McIVER FURMAN, Mayor of the City of Corpus Christi, Texas, certify that the foregoing minutes, same being for the period of June 2, 1965, through June 30, 1965, inclusive, and having been previously approved by Council action, are by me hereby approved. ,ffiibLe4 ii,4404!G4e/44V McIver Furman, M. D., Mayor City of Corpus Christi, Texas