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HomeMy WebLinkAboutMinutes City Council - 09/15/1965MINUTES CITY OF CORPUS CHRISTI, TEAS REGULAR COUNCIL MEETING September 15, 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 Wm. H. Wallace City Manager Herbert W. Whitney Asst. City Attorney Bob Young City Secretary T. Ray Kring Mayor McIver Furman called the meeting to order. The Invocation was given by the Reverend Henry C. Edwards, Pastor of Westgate Heights Church of Christ. City Secretary T. Ray Bring called the roll of those in attendance. Motion by Jimenez, seconded by Dunne and passed that the minutes of the regular meeting of September 8, 1965, be approved as furnished to the Council. Mayor Furman read and presented proclamations relative to the following: HELP MAKE CORPUS CHRISTI MORE ATTRACTIVE WEEK, September 21 - 26, 19658 accepted by Dr. James Gabbard; JOHN G. TOWER APPRECIATION DAT in Corpus Christi, September 24, 1965, accepted by Mrs. Walter Rodger for Mss. Cecil Laws; and TOASTMISTRESS DAY in Corpus Christi, September 188 1965. Mayor Furman announced that as a result of a meeting last Thursday night, September 9, 1965, with Atlantic Refining Company and Cities Service, the "Bay Drilling and Platform Committee" was suggested and accordingly he was submitting the following nominations to serve on this Committee: Frank Priebe, Cities Service; Charles Hutchinson, Atlantic Refining Company; and Jack Evans, Gulf Oil Company; re- presenting the Oil Companies; Mayor Pro Tem Jack Blackmon; Commiasioners William H. Wallace; Ken McDaniel, and Comffiissioner Patrick J. Dunne as Alternate; representing the City Council; and Ed Haste, Harvie Branscomb and Stan Hultman, representing the citizens of Corpus Christi, with Ed Harte as Chairman of the 'Bay Drilling and Plat- form Committee." Motion by Dunne, seconded by Jimenez and passed that the foregoing nomina- tions be approved and confirmed. City of Corpus Christi, Texas Regular Council Meeting September 15, 1965 Page 2 Mayor Furman brought up the pending item on the application for the closing and abandonment of a portion of Collihar Street described as 5703,02 Square feet on the South side of Gollihar's intersection with South Staples Street, being adjacent to a portion of the Northerly boundary line of Spark's tract; on which public hearing was held September 1, 1965, and on which decision was tabled for one week for further consideration. City Manager Whitney stated he had checked into the City's cost for re- location of this street, and that the expense involved was justified and would be shared jointly by the developer and City, and that it was his recommendation that the Council approve the closing of Gollihar Road with the provision that it will not become effective until such time that arrangements can be made for the necessary re- location, and that the Quitclaim Deed of the adjoining property not be delivered until an ordinance has been brought forward effectuating this change. Motion by Blackmon, seconded by Wallace and passed that the application of Cecil E. Burney for the closing and abandonment of a portion of Gollihar Street be approved subject to the recommendations of City Manager Whitney. Mr. H. Lee Howell, Jr. read and presented copies to the City Council, a report from the Traneportation Committee relative to the recent study on bus trans- portation in Corpus Christi, and in which several recommendations were made, The Transportation Committee recommended that the City government assume responsibility of maintaining the bus service as the transportation is needed in this city, and that no private operator was interested in taking over the local system. Mayor Furman thanked Mr. Howell for the great effort put into this report by the Committee and advised that the report would be received and further action will be taken. Mayor Furman called for the City Manager's reports. Motion by Wallace, seconded by Jimenez and passed that the City Manager's Reports, Items "a" through "i", and Item "k", be accepted; and the recommendations and requests, with the exception of Item "j" which is to be considered separately, be approved and granted, as follows. Commissioner Sizemore voted "Nay" on Item "c" because of limitations in specifications, City of Corpus Christi, Texas Regular Council Meeting September 15, 1965 Page 3 a. That the plans and specifications for the Savage Lane Railroad Erosion Control Project be approved; and that authority to advertise for bids to be received October 6, 19658 be granted; b. That the plans and specifications for the construction of Sanitary Sewer Crossings for Interstate Highway 37, Part A, be approved; and that authority to advertise for bids to be received October 6, 1965, be granted; c. That the plans and specifications of the Greenwood Drive Branch Library be approved, subject to the approval of the State Library Board; d. That the authority to advertise for bids to be received September 29, 1965, for one cash register for the Corporation Court Clerk, be granted; e. That the authority to advertise for bide to be received September 29, 1965, for three automatic sliding doors for the Airport Terminal Building, be granted; f. That parking on Weber Road from Tiger Lane to Panama Street be restricted between the hours of 8:00 a.m. to 400 p.m. on school days, and an ordinance be brought forward effectuating the change; g. That the request from W. C. Cunningham for a revocable permit for the construction of two protective groins and bulkhead on Corpus Christi Beach to protect his property from erosion located on both sides of Beach Street at the water's edge, the City assuming the cost of bulkhead across the street, be granted; h. That the acquisition of Parcels 18, 22 and 22-A, Turkey Creek Right of Way Basements, be approved; and that appropriation in the amount of $928.00 be authorized; i. That the acquisition of 2741.01 square feet of Right of Way, South Staples Street - Gollihar Road to Lexington Boulevard, be approved; and that appro- priation to cover coat,be authorized; j. That the application of Southern Minerals Corporation to drill Well B-3 on the R. E. Lawrence, et al Lease of the Sheppard Farm Lots Subdivision, be considered separately; k. That the plan of Central Business District Association, for closing three blocks on Chaparral Street, from approximately November 25, 1965 to December 31, 1965, for "Christmas Spectacular" be approved; subject to an ordinance effectuat- ing the agreement and providing for regulations, City of Corpus Christi, Texas Regular Council Meeting September 15, 1965 Page 4 Mayor Furman announced the public hearing on the application of Southern Minerals Corporation for a permit to drill Well B-3 on the R. E. Lawrence, et al Lease of the Sheppard Farm Lots Subdivision. City Manager Whitney presented the application; pointed out on the map the proposed location of the well in Saxet Field, 1325 Feet South of Hunter Lane and 660 Feet West of County Road No. 53; proposed depth is 5500 Feet with a casing pro- gram of 7-5/8" casing to 300 Feet, and 4-1/2" conductor pipe through producing formation if well is completed; and that applicant had submitted Certificates of Insurance in the amount of $500,000/1,000,000; copy of telegram from the Railroad Commission granting the permit dated September 13, 1965; and the necessary filing fee. Mr. Whitney explained that Public Works Department had inspected the proposed location and certified that there are no public roads or buildings within 400 Feet of the proposed well site; and that applicant had requested a variance to use earthen pits instead of steel tanks, with the stipulation that the surface would be restored upon completion. No one appeared to be heard in connection with this application. Motion by Wallace, seconded by Dunne and passed that the hearing be closed . Notion by McDaniel, seconded by Jimenez and passed that Southern Minerals Corporation be granted a permit to drill Well B-3 on the R. E. Lawrence, et al Lease of the Sheppard Farm Lots Subdivision, as applied for. 0 INANCE N0. 7716 AUTHORIZING AND DIRECTING THE CITY MANAGER TO ACQUIRE, FOR AND ON BEHALF OF THE CITY OF CORPUS c:yr,;;ISTI, THE NECESSARY RI OF WAY FOR SOUTH STAPLES STREET OUT OF AN UNPLATTED PARCEL OF LAND, BEING A 0.063 ACRE TRACT OUT OF LOTS 25 AND 26, SECTION 2, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS AS SHOWN BY MAP OR PLAT OF RECORD IN VOLUME 20, PAGE 72, NPECES COUNTY, TEXAS MAP RECORDS, OWNED BY JOHN PLATIS AND CLEM GOVATOS; APPROPRIATING OUT OF NO. 220 STREET BOND FUND THE SUM OF $3,079000 OF WHICH AMOUNT $3,000.00 IS FOR ACQUISITION OF SAID LAND, AND $79.00 IS FOR TITLE EXPENSE AND RELATED COST, ALL APPLICABLE TO PROJECT NO. 220-56-29; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance was passed by the following vote° Furman, Blackmon, Dunne, Jimenez, McDaniel, Sizemore and Wallace, present and voting "Aye." City of Corpus Christi, Texas Regular Council Meeting September 15, 1965 Page 5 ORDINANCE NO. 7717 AMENDING SECTION 21-156 OF THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, BY MAKING PROVISION FOR ITEM 18 80 AS TO FORBID THE STOPPING, STANDING OR PARKING OF VEHICLES ON BOTS SIDES OF WEBER ROAD FROM TIGER LANE TO PANAMA BETWEEN THE HOURS OF 8:00 A.M. TO 4:00 P.M. ON SCHOOL DAYS ONLY; PROVIDING FOR PUBLICATION, AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Furman, Blackmon, Dunne, Jimenez, McDaniel, Sizemore and Wallace, present and voting "Aye." ORDINANCE N0. 7718 APPROPRIATING OUT OF NO. 250 SANITARY SEWER BOND FUND THE SUM OF $928.00 OF WHICH AMOUNT $450.00 I8 FOR ACQUISITION OF UTILITY EASEMENT PARCEL NO. 18; $408.00 IS FOR ACQUISITION OF UTILITY EASEMENT PARCEL NO. 22; AND 473.00 IS FOR ACQUISITION OF UTILITY EASEMENT PARCEL NO. 22-A, TURKEY CREEK TRUNK MAIN PROJECT NO. 250-64-36.7, IN THE CITY OF CORPUS CHRISTI, TEXAS; SAID PARCELS BEING MORE FULLY DESCRIBED HEREINAFTER; AUTHORIZING AND DIRECTING THE CITY MANAGER TO ACQUIRE THE ABOVE DESCRIBED PARCELS, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, AND TO EXECUTE SUCH INSTRUMENTS AND DO SUCH OTHER THINGS AS ARE NECESSARY TO ACQUIRE THE PARCELS DESCRIBED; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Furman, Blackmon, Dunne, Jimenez, McDaniel, Sizemore and Wallace, present and voting "Aye." ORDINANCE NO. 7719 CHANGING THE NAME OF ZARSKY DRIVE, LOCATED BETWEEN GOLLIHAR ROAD AND BRADSHAW, TO ST. PIUS DRIVE; AND DECLARING AN EMERGENCY. Commissioner McDaniel stated that he was opposed to the foregoing ordinance as Public Works Department and the Planning Department were opposed to the street name change; and that three out of seven residents on Zarnky Drive were also opposed to this change. Mayor Furman advised the audience that the public hearing on this applica- tion had been closed, and that final action would be taken by the Council. The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Furman, Blackmon, Dunne, Jimenez, Sizemore and Wallace, present and voting "Aye"; McDaniel voted "Nay" on passage. Mr. Wayne Smith, attorney for Atlantic Refining Company, expressed his gratitude to the Council for the meeting held Thursday night, September 9, rela- tive to the drilling in the Corpus Christi Bay area, and asked if the Council would consider a hearing for the drilling permits for State Tracts 23, 36 and 62, City of Corpus Christi, Texas Regular Council Meeting September 15, 1965 Page 6 requested by Atlantic Refining Company. Mr, Smith stated that Atlantic Refining Company had nix tracts in the Bay, and that each lease expired February 1, 1966; that they propose to drill two deep tests; one on State Tract 23 and one on State Tract 36; and that it was a matter of extreme urgency as these drilling tests would take at least sixty-five days to complete, Mrs Smith further stated that his com- pany had invested considerable money, and that time was very important to them on State Tracts 23 and 36, but that State Tract 62 was not as urgent; and urged the Council to reconsider and grant these two permits. Commissioner McDaniel stated that there was a strong feeling that the leases could be extended if action of any governmental authority was responsible for delay in developing the leases. Assistant City Attorney Bob Young stated the "force majuere" clause, Section 10 of applicant's lease, was valid, but Mr. Smith and Mr, Hutchinson, District Manager for Atlantic Refining Company, both expressed doubt to the "force majuere" clause applying if the City delayed them, Mayor Pro Tem Blackmon advised that the newly formed Drilling and Platform Committee was organized to study the drilling requests, and that applicant had waited almost five years before requesting the drilling permits, Commissioner Wallace felt that applicant had made a reasonable request, and that Council should compromise and grant the permit to drill one well now, thereby relieving the bind, and refer the permit to drill on the other well to the Drilling and Platform Committee for further consideration, Mayor Pro Tem Blackmon stated that the question was whether or not to hold a public hearing today; not that of granting a permit, Mr. Smith asked the Council to consider this as a hearing today, and that a permit be granted. Motion by Jimenez, seconded by Wallace and passed that the Council recess for ten minutes for further discussion relative to the drilling applications of Atlantic Refining Company, Mayor Furman reconvened the meeting after a brief recess. Motion by Mayor Pro Tem Blackmon and seconded by Dunne, that a public hearing be held on the three applications from Atlantic Refining Company, and the one application from Cities Service as soon as possible. City of Corpus Christi, Texas Regular Council Meeting September 15, 1965 Page 7 Mayor Pro Tem Blackmon explained to the Council that an informal meeting was held last week with representatives from two major oil companies; that it was a private work shop meeting with the public excluded from discussion, and that the public should be able to participate now. Commissioner McDaniel stated he was against a public hearing; that this Council meeting today was public as are all Council meetings; and that the Council should decide without a public hearing. The Chair called for a show of hands, and declared that the motion to hold a public hearing on the drilling applications from Atlantic Refining Company and Cities Service had failed, with Jimenez, McDaniel, Sizemore and Wallace voting "Nay." City Manager Whitney presented the application of Atlantic Refining Com- pany for a permit to drill Well No. 1 in State Tract 36, Corpus Christi Bay. Mr. Whitney explained that the applicant had submitted a plat showing the location of the well 467 feat Northwest of the Southeast line and 467 feet Northeast of the Southwest line of State Tract 36, with a vertical depth of 13,500 Feet below the mean water level, and that the well would be drilled as a straight hole and that no deviation from vertical was planned. Mr. Whitney stated that the applicant had submitted a photocopy of the Oil and Gas Lease, Certificates of Insurance, and the necessary filing fee; and would comply with the provisions of the drilling ordinance. In answer to questions from the Council relative to plans for the screen- ing or fencing of the proposed well site, Mr. Whitney advised that none had ac- companied the application, and to his knowledge, no other application had been accompanied by plans for screening or fencing. Commissioner Jimenez asked if the application was a valid application, and Assistant City Attorney Bob Young advised that the application was valid. Mrs. Alice Scott commented on Sections 4, 8 and 11 of Ordinance No. 7201, and stated that Atlantic Refining Company should be informed of the regulations required of them, and this was a function of the committee recently formed. City of Corpus Christi, Texas Regular Council Meeting September 15, 1965 Page 8 Mayor Pro Tem Blackmon asked Mr. Smith if the applicant would comply with regulations that might be adopted by the City Council following the recommendation of this committee, and Mr. Smith stated the applicant would comply. Motion by Wallace, seconded by McDaniel, that the application for a permit to drill Well No. 1 in State Tract 36, Corpus Christi Bay, be approved subject to any regulations by the Drilling and Platform Committee. Following a discussion re- lative to the pending application of Atlantic Refining Company to drill a well in State Tract 23, the motion was withdrawn. City Manager Whitney presented the application of Atlantic Refining Com- pany for a permit to drill Well No. 1, in State Tract 23, Corpus Christi Bay. Mr. Whitney explained that applicant had submitted a plat showing the location of the well 467 feet from the Northeast Line and 467 Feet from the Southeast line of Tract 23, with a vertical depth of 13,500 feet below the mean water level, and that the well would be drilled as a straight hole and that no deviation from vertical was planned. Mr. Whitney stated that the applicant had submitted a photocopy of Oil and Gas Lease, Certificates of Insurance, and the necessary filing fee. Following a lengthy discussion relative to the granting of the permits before the Drilling and Platform Committee had an opportunity to study the permits, motion by Blackmon, seconded by Dunne, that the granting of the two permits be tabled for one week. On vote, Jimenez, McDaniel, Sizemore and Wallace voted "Nay" and the Chair declared the motion to table the applications for one week had failed. Motion by Wallace, seconded by McDaniel, that Atlantic Refining Company be granted permits to drill Well No. 1, State Tract 36; and Well No. 1, State Tract 23, in Corpus Christi Bay, as applied for, and subject to the regulations of the Drilling and Platform Committee. Mayor Furman spoke briefly with regard to the applications, and that it might help the Committee to be aware of the problems in the Bay area. On roll call vote, Furman, Dunne, Jimenez, McDaniel, Sizemore and Wallace voted "Aye" and Blackmon voted "Nay", and the Chair declared the motion to grant the applications had passed. There being no further business to coma before the Council, the meeting was adjourned.