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,
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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