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HomeMy WebLinkAboutMinutes City Council - 09/21/1966MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING September 21, 1966 2:00 P.M. PRESENT: Mayor McIver Furman Mayor Pro Tem Jack R. Blackmon Commissioners: Patrick J. Dunne Dr. P. Jimenez 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 Jack R. Blackmon in the absence of the invited guest chaplain. City Secretary T. Ray Kring called the roll of those in attendance. Motion by Blackmon, seconded by Dunne and passed that the absence of Commissioners Wallace, Sizemore and McDaniel be excused for cause. Motion by Blackmon, seconded by Dunne and passed that the minutes of the Regular Meeting of September 14, 1966, be approved as furnished to the Council. Mayor Furman read and presented to E. C. Ekstrom, owner of the Nueces Trans- portation Company, a Resolution commending him for his contributions to this community during the years he operated the bus system, and for his great part in making Corpus Christi the lovely City it is; for his financial assistance to indi- viduals in times of crises, and liberal donations to hospital programs, child care facilities and programs; and continuing to provide bus service long after it became unprofitable so that bus users would not suffer. Mr. Ekstrom accepted the resolu- tion with gratitude. RESOLUTION NO. 8176 COMMENDING E.C. EKSTROM FOR HIS CONTRIBUTIONS TO THIS COMMUNITY DURING THE YEARS HE OPERATED THE NUECES TRANSPORTATION BUS SYSTEM; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing resolution was passed by the following vote: Furman, Blackmon, Dunne, Jimenez, present and voting "Aye," McDaniel, Sizemore, and Wallace, absent. Mayor Furman read a proclamation designating the week of October 3 through 8, 1966, as ARMY AVIATION WEEK in Corpus Christi, and reminded our citizenry to join him in paying homage to the officers and personnel of Army Aviation, both military and civilian, for their contribution to the community life of our City, and stated the proclamation would be delivered personally to Colonel Buch of ARADMAC later this week. Mayor Furman announced a vacancy on the Traffic Safety Advisory Board created by the resignation of Commander R. L. Shafer, and nominated Commander J. M. Gillin, Jr., for replacement. Minutes Regular Council Meeting September 21, 1966 Page 2 Motion by Jimenez, seconded by Dunne and passed the Commander J. M. Gillin, Jr., be appointed to replace Commander R. L. Shafer to serve on the Traffic Advisory Board. Mr.. Ed Harte, Chairman of the Bay Drilling Committee, reported to the Council that the committee is nearing completion of the proposed revision of the Bay Drilling Ordinance, and that a recommendation for the Council will be avail- able within a few days. Also, Mr. Harte distributed prints representing the final design for the production platforms in Tracts #49 and #62, for which permits have been issued subject to design approval, and stated that the design simplifies the scree..-.. from the silhouette and provides for a/ aluminum clutter from shoreline view. He further reported that the committee had approved applications of nine well locations in the area of the Bay outside the old City boundary but within the new some eight miles offshore; that the locations are related to five existing well clusters, and that the committee's approval will permit the Council to act on requests for drilling permits at the specified locations without reference to the committee; and that the committee recommended approval of eight other drilling applications which had been referred by the Council,namely, Cities Service Oil Company to drill No. 2 and 3, Tract #49, and No. 3, Tract #14; Gulf Oil Corporation, to drill No. 6, 7, and 8, Tract #53, and No. 6 and 7, Tract #48. Mayor Furman announced the pending item of Application #866-6, Parkview General Hospital, Inc., for change of zoning from "R -1B" One -family Dwelling District to "AB" Professional Office District on the Edwin E. Connor Tract, on which and stated that the item public hearing was held September 14, 1966,/would have to be removed from the agenda as there were not sufficient Council members present qualified to act on this matter. The Mayor pointed out that four votes would be needed to take affirmative action; of the four Council members present, one had previously disqualified himself from con- sideration of this item; therefore, the remaining three could not take affirmative action. Mrs. Edwin E. Connor appeared and spoke in behalf of Dr. Edwin E. Connor and herself, owners of the tract in question, and in presenting a written ;withdrawal of the application, stated orally that due to the fact that they had met with so much opposition in their effort to re-classify the zoning on this tract of land, that they are withdrawing the application and that they are asking for a Special Council Permit to re -plat the undeveloped portion into lots, blocks and streets, so that it can be developed according to zoning classification; Mrs. Connor further Minutes Regular Council Meeting September 21, 1966 Page 3 stated that since 1960, they had paid more than $123,000 in City, County and State and School taxes on this 1A acre tract, and that these recurring costs will not permit them to keep possession of the property without realization of some income from it. written The Council received Mrs. Connor's/request to withdraw Application #866-6, and Mayor Furman stated the Council would consider it at the workshop Monday night, and would resolve all matters involving the application at next week's meeting. Mayor Furman announced the scheduled public hearing on the request to change the name of Francis Street in Koolside Addition to Kimbrough Drive. City Manager Whitney stated that the request had come from Postmaster Bowers as a result of duplication of street names, and that the change is neces- sary in order to make mail delivery to this area. Mr. Whitney stated that notices had been mailed to residents on Francis Street of the public hearing, and that no communications had been received in opposition to the proposed street name change, and that it was his recommendation that the name be changed to Kimbrough Drive as proposed. Motion by Dunne, seconded by Blackmon and passed that the hearing be closed. Motion by Blackmon, seconded by Dunne and passed that the name of Francis Street in Koolside Addition be changed to Kimbrough Drive, and that an ordinance be brought forward effectuating the change. Mayor Furman announced the Council would consider the scheduled public hearing on the Appeal of Chas. E. Wyatt, Trustee for the Unitarian Church, of the Zoning and Planning Commission's approval of a plat of Carrolleton Addition Unit #3, Annex, Block 1, Lot 1, on the condition that the requirement of a 25 -foot street dedication along the Northeast side of the church tract in question, as an extension of Kay Street to intersect with Carroll Lane, be complied with. Calvin Taylor, Senior Planner located the property on the map, pointed out subdivision development around the subject property, land use, street patterns, tract and explained the history of the Hancock Tract immediately adjoining the 630-foot/on the Northeast side of the subject property. He stated that the land would be coupled with the 25 -foot dedication of the Hancock Porperty to extend Kay Street to Carroll Lane, that the subdivision development around the property was recorded and platted Minutes Regular Council Meeting September 21, 1966 Page 4 in 1954, and that the City has intended since 1962, when the Hancock property was dedicated, that a street would be constructed through the land in question. Mr. Harold Carr, realtor and member of the Unitarian Church, appeared and spoke as representative of the Church, and stated that it is understood that the street dedication is required to permit an extension of Kay Street, but that the Church does not wish to dedicate land for the street that the position of the Church is that the action of the Zoning and Planning Commission is an attempt to force the Church to donate land for the street which should be bought and paid for by the City, if in fact, a public need exists. Mr. Carr stated that this land had been purchased for a church site in September of 1962; that they had applied for a building permit and was advised that there must be an approved plat in order to get the building permit; that they had applied for a plat, and that a preliminary plat was approved subject to the dedication of a strip of land 25' x 630' for street purposes; that they had paid $10,000 for the land and were approaching the time when the loan would be paid off; that plans for a church sanctuary had been drawn and that they were ready to begin construction. Mr. Carr further stated that he had checked and could find no Texas cases ruling on the legality of the City's requirement, but found an Illinois case which termed a similar requirement "a forbidden requirement." Mr. Carr suggested as an alternative that the City acquire an additional 15 feet of the adjacent Hancock Tract, which has 140 -foot lots, and which would provide a 40 -foot street, leaving a standard depth of 125 feet for lots when the tract is subdivided. He further stated that the appeal is based on a reasonable application of constitutional rights, and that a church should not be responsible for furnish- ing a street for the public use, but if the requirement is enforced,then the City should pay for the land. He further stated that it appears that perhaps a com- plete new policy of the Staff is necessary to determine where police powers end and eminent domain begins. Mr. Jim Machlan, architect, displayed plans for the proposed new Uni- tarian Church, which he stated were designed to make full use of the entire church tract; that to delete 25 feet would create a "very untenable" situation; that the layout was designed to make use of Crane Street which deadends into the Minutes Regular Council Meeting September 21, 1966 Page 5 side of the tract, following the determination that Kay Street would not be suitable. In answer to questions from the Council as to why Kay Street was not dedicated all the way when the original plat was approved, Mr. Taylor stated that it was because a number of ownerships were involved, and in such instances, it is standard procedure to "stub out" the streets as they leave the subdivision and that the City obtains the right of way at a later time. Mr. Taylor further stated that the Church should have been aware that the street extension was pro- posed, but that the planning staff had not been consulted in advance of drawing of the plans and the filing for a plat. Mr. Phillip Rosenstein, member of the Unitarian Church, appeared and stated that he councurred in the statements of Mr. Carr, and stated that the money to buy this land had been donated by many people in good faith that it would be used for the church and not for a street. Some 15 or 20 members of the Church were present in the audience and stood up as an expression of their opposition to the street dedication requirement. Motion by Jimenez, seconded by Dunne and passed that the hearing be closed. Motion by Jimenez, seconded by Blackmon and passed that the Council defer action on the foregoing Appeal of Chas. E. Wyatt, Trustee for the Unitarian Church, be tabled for further discussion at Workshop meeting next week. Mayor Furman announced the Council would deviate from the usual routine of the Council Meeting and would now hold the scheduled public hearing on the Assessments for the construction of the Winters Drive Street Improvements located between Horne Road and Green Grove Drive, and Hollywood Terrace connection to Winters Drive; explained that each member of the Council had been furnished with a copy of the Preliminary Assessment Roll; and that Assistant City Attorney Tom McDowell would conduct the public hearing. Mr. M:Dowell explained the purpose of the public hearing and stated that the Staff would offer testimony from the City Engineer ind evaluate testimony from a real estate appraiser to substantiate the assessments which appear or the Pre- liminary Assessment Roll, and that the hearing was to form a basis on which the Minutes Regular Council Meeting September 21, 1966 Page 6 Council, acting as a legislative body, would determine or establish the assess- ments on the abutting property owners. Following Mr. McDowell's interrogation of Mr. James Lantos, City Engi- neer and a determination that Mr. Lontos was a registered professional engineer; is familiar with the proposed street improvements for Winters Drive; familiar with the plans and specifications for this project, and that they were prepared by personnel under his supervision; that the construction will be under his super- vision; Mr. Lontos presented the plans for the street improvements; testified to the nature, extent and specifications of the proposed improvements; that this project will consist of an excavation to a width and depth to permit the con- struction of concrete curbs and gutters on a 6" subgrade, 8" compacted caliche base and 1" hot mix surface, 4' wide, 4" thick reinforced concrete sidewalks and 6" thick reinforced City Standard driveways where specified; that the assessment rates have been calculated according to the unit bid price applied to the cal- culated quantities for the improvement abutting the property; that the total cost of the improvements is $34,679.16 - the property owners assessment is $16,175.03 and the City's portion of the cost is $18,504.13; and explained that the manner in which such pro rata share was computed. Mr• Lontos further pointed out corrections which have been made on the Assessment Roll, which in some instances had amounted to an increase and in other instances the amount was reduced. Mr. W. A. Roberts testified as to his background and experience which he felt qualified him as a real estate appraiser for all types of properties in this City; that he has held a real estate license for 15 years; testified that he had personally viewed and understood the extent and specifications of the proposed improvements; that he had personally viewed within the past week the preliminary assessment roll and each of the properties to be assessed; and that in his opinion, each of the properties so assessed as corrected would be enhanced in value at least to the extent of the proposed assessment. The following persons appeared in connection with the paving project: Mr. Dave Coover appeared representing Mr. Reynaldo Sandavol, Lot 4, South Addition (Item #1) and Serfino Martinez, Lot 5, W. 50' x226' out of Section "C" Tract 1, Paisley Subdivision, (Item #2) and stated that Mr. Sandoval and Mr. Martinez are men of very limited means, that they cannot pay for the improvements Minutes Regular Council Meeting September 21, 1966 Page 7 and furthermore, they are not needed; that the street is mainly used by the resi- dents on the street with no circulation of traffic from other streets, and that a poll taken of the residents had indicated that prictically all had indicated opposition for the reasons stated. Mrs. Frank Addison, speaking for herself and her sister Marcella (Item #3) Champion, owner of Lot 2, Champion Addition/and Lot 1, Champion Addition (Item #4) opposed the improvements on the basis that they have lived at this location for 20 years and have managed without pavement; that there are very few children in the area, and therefore sidewalks are not needed; and that they cannot afford to pay the assessment. Mr. Faires Wade appeared in connection with Lot 4, Champion Addition (Item #5); Lot 3, Champion Addition (Item #6, and Lots 5 and 6, Champion Addition No. 2 (Item #7), and stated that the owners could not pay for the assessments; that in some instances it would necessitate losing their homes; that some of the homes could not be sold for the amount of the assessment; that it would not improve the property; and that this particular area does not need the paving. Mr. Wade further stated that he is shown as a joint owner on two of the tracts, and is selling the property under contract for deed. Mr. Jesus Pena also appeared (Item #7) and concurred in the statements of Mr. Wade. A spokesman for Herbert F. Aduddell, Lot 1, Block 2, Browning Acres, (Item #8) stated that he does not want the sidewalks but that he is in favor of the street improvements. Robert N. Radtke, Bishop of the Church of Jesus Christi Latter Day Saints, all of Block "A", Winters Subdivision (Items,#11 and #17), the largest land owner involved, appeared and strongly supported the proposed improvements, stating that the street in its present condition is a "disgrace" and badly in need of improve- ment; that plans to enlarge the church are to be completed by October 16, that these plans had been made on the assumption that this project will be completed; and that the projected plan for the church is that it will serve as a State Center for church activities. Minutes Regular Council Meeting September 21, 1966 Page 8 Mrs. Frank Jasso, Lot 17, Block 1, Christi Park #2, (Item #14), opposed the improvements, stating that the street in question was not travelled extensively and that constru:tion work in the area aggrevated the condition. In answer to questions from the Council, Mr. Whitney stated that the request had come from the Church of Jesus Christ of Latter Day Saints; that this was the second request, and that members of the church were strongly urging that the improvements be made. No one else appeared to be heard in improvements. Motion by Blackmon, seconded by Dunne and passed that the hearing be closed. Motion by Dunne, seconded by Blackmon and passed that decision on the foregoing proposed paving assessments be tabled for further consideration at the connection with the proposed street Workshop meeting next week. Mr. Pedro Garcia presented a petition containing approximately 75 signatures of residents living in the 4700 and 4800 blocks of Mable, Edith, and Alice Streets in Lincoln Terrace, requesting the installation of adequate drainage system in this area, and stated that as a result of this lack of adequate drainage, water remains in large quantitities, creating an inconvenience both to transportation and a definite health hazard. Mr. Garcia further stated that there had been two cases of encephalitis during the recent epedemic, and that this request is being made in the public interest. (Petition 1117, Mayor Furman accepted the petition and advised Mr. Garcia that the matter would be given the proper consideration. Mayor Furman called for the City Manager's Reports. Motion by Jimenez, seconded by Dunne and passed that the City Manager's Reports, Items "a" through "g", Item "h" being acted upon separately; and that the recommendations and requests be approved and granted as follows; a. That the preliminary plans for expansion of the Police Building, as submitted by architects Jim Machlan and William B. Stalter, including the addi- tion of the Emergency Operating Center refle...ting an additional amount of $67,564.00 to the amount originally budgeted for construction purposes, making a total amount of $532,567.00, be approved; Minutes Regular Council Meeting September 21, 1966 Page 9 b. That the sale of the East 25 feet of Lots 14 and 15, Block 20, Hill- crest Addition, being an abandoned gas regulator site surplus to Gas Division needs, be authorized; c. That the acquisition of 1.88 acres of park land out of Inwood Village from the Corpus Christi School System, which would join together Gollihar Park and Greenwood Park, and participation in pavement around the park of the new high school project, be authorized; d. That the acceptance and final payment of Estimate No. 3, in the amount of $5,355.91, to Burtex Constructors, for construction of Sanitary and Storm Sewer Relocations for the Midtown Traffic Exchange, be approved; e. That an appropriation in the amount of $3,384.58 out of No. 220 Street Bond Fund, applicable to Project No. 220-61-81.5 Street Improvements around the Park in Glen Arbor Unit II Subdivision, be approved; and that reimbursement to the developer, John L. Harrision for the improvements in the amw nt appropriated less $425.59 retained for reimbursing the Street Division for repairs by City Forces, be authorized; f. That the date of October 12, 1966, during the Regular Meeting be set for public hearing on 4 zoning cases; g. That the authority to initiate condemnation proceedings for the acquisition of Lot 1, Block 104, and Lot 9 and the West 40 feet of Lot 4, Block 93, Beach portion, for Right of Way for Bayfront Arts and Science Center Project, be approved; h. That the application of Arnold O. Morgan to drill Well #1, John C. Brooke et al Lease, Flour Bluff and Encinal Farm and Garden Tracts, be considered separately. City Manager Whitney presented the application of Arnold 0. Morgan to drill Well #1, John C, Brooke et al Lease, Flour Bluff and Encinal Farm and Garden Tracts and presented a diagram showing the location of the proposed well as being 467 feet South of the North boundary line and 145 feet West of the East boundary line of Section 51, Flour Bluff and Encinal Farm and Garden Tracts; that applicant proposes to drill to a depth of 10,000 feet; that the required filing fee of $300; and Certificate of Insurance are included with the application; and that the Railroad Commission permit has been applies for; that arrangements Minutes Regular Council Meeting September 21, 1966 Page 10 have been made to notify the Federal Aviation Agency, and recommended that the application be approved subject to receipt of the Railroad Commission Permit, and conditioned on the establishment of new drilling Block 1666. ORDINANCE N0. 8177 AUTHORIZING EMINENT DOMAIN PROCEEDINGS BY THE CITY OF CORPUS CHRISTI TO CONDEMN FEE TITLE TO CERTAIN LOTS OR PARCELS OF LAND LOCATED IN NUECES COUNTY, TEXAS; DESCRIBING SAID PROPERTY AS BEING A PORTION OF LOT 4, AND ALL OF LOT 9, BLOCK 93, BEACH PORTION OF THE CITY OF CORPUS CHRISTI, TEXAS; IDENTIFYING THE RECORD TITLE OWNER AS BEING MARGARET BABB, A FEME SOLE; SAID CONDEMNATION BEING NECES- SARY 'f0 ACQUIRE THE SUBJECT PROPERTY WHICH IS WITHIN THE CORPORATE LIMITS OP' THE CITY OF CORPUS CHRISTI, FOR THE USE OF THE PUBLIC AS A FARK, SCIENCE PARK, AND/OR OTHER MUNICIPAL PURPOSES; DIRECTING THE CITY ATTORNEY TO INSTITUTE CONDEM- NATION PROCEEDINGS TO CARRY OUT THE INTENTIONS OF THIS ORDINANCE; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Furman, Blackmon, Dunne, Jimenez, present and voting "Aye," McDaniel, Sizemore, and Wallace., absent. ORDINANCE N0, 8178 AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI, ADOPTED ON THE 27TH DAi OF AUGUST, 1937, APPEARING OF RECORD IN VOLUME 9, PAGES 565, ET SEQ, OF THE ORDINANCE AND RESOLUTION RECORDS, AS AMENDED BY ORDINANCE NO. 6106, AS AMENDED, UPON APPLICATION OF THE CARMELITE DAY NURSERY. BY AMENDING THE ZONING MAP BY CHANGING THE ZONING OF A 5 -ACRE TRACT OUT OF LOT 13, SECTION "G", PAISLEY'S SUBDIVISION OF THE HOFFMAN TRACT, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" ONE -FAMILY DWELLING DISTRICT TO "AB" PROFESSIONAL OFFICE DISTRICT; 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, present and voting "Aye," McDaniel, Sizemore, and Wallace, absent, ORDINANCE NO, 8179 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 SIQ,OF THE ORDINANCE AND RESOLUTION RECORDS, AS AMENDED FROM TIME TO TIME AND PARTICULARLY AS AMENDED BY ORDINANCE NO, 6106, AS AMENDED, UPON APPLICATION OF J. B. WRIGHT BY GRANTING A SPECIAL PERMIT ON LOTS 9, 10 AND 11, JOHNSON ADDITION TO THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, SUBJECT TO THE CONDITIONS HERE- INAFTER SET OUT; 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, present and voting "Aye," McDaniel, Sizemore, and Wallace, absent. Minutes Regular Council Meeting September 21, 1966 Page 11 ORDINANCE N0. 8180 CHANGING THE NAME OF LOVE OAK STREE% IN THE FLOUR BLUFF AREA, TO OAK RIDGE DRIVE; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Furman, Blackmon, Dunne, Jimenez, present and voting "Aye," McDaniel, Sizemore, and Wallace, absent. ORDINANCE N0. 8181 APPROPRIATING OUT OF NO. 220 STREET BOND FUND THE SUM OF $3,384.58, APPLICABLE TO PROJECT N0. 220-61-81.5, STREET IMPROVEMENTS AROUND THE PARK IN GLEN ARBOR, UNIT II SUBDIVISION; AUTHORIZINr REIMBURSEMENT TO DEVELOPER, JOHN L. HARRISON, FOR SAID IMPROVEMENTS IN THE AMOUNT HEREBY APPROPRIATED, LESS THE SUM OF $425.59 RETAINED FOR REIMBURSING STREET DIVISION, ACTIVITY N0. 4915, FOR REPAIRS BY CITY FORCES; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Furman, Blackmon, Dunne, Jimenez, present and voting "Aye," McDaniel, Sizemore, and Wallace, absent. ORDINANCE NO. 8182 RECEIVING AND ACCEPTING CONSTRUCTION OF SANITARY AND STORM SEWER RELOCATIONS FOR THE MIDTOWN TRAFFIC EXCHANGE, PROJECT. NO.220-53.18.3, AS PERFORMED BY THE CON- TRACTOR, BURTEX CONSTRUCTORS, UNDER THEIR CONTRACT DATED JUNE 22,1966, AUTHORIZED BY ORDINANCE NO. 8063; AUHORIZING PAYMENT OF FINAL ESTIMATE NO. 3 DATED SEPTEMBER 14, 1966, IN THE AMOUNT OF $5,355.91, 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, present and voting "Aye," McDaniel, Sizemore, and Wallace, absent. ORDINANCE NO. 8183 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO ACCEPT AND APPROVE AN AMENDMENT TO AN ASSIGNMENT AGREEMENT BETWEEN THE CORPUS CHRISTI BANK AND TRUST COMPANY, ROGER L. GAULT DBA GAULT AVIATION AND GULF OIL CORPORATION, AND AN AMENDMENT TO AN ASSIGNMENT AGREEMENT BETWEEN THE CORPUS CHRISTI BANK AND TRUST COMPANY AND ROGER L. GAULT DBA GAULT AVIATION, SO AS TO ADD TO ASSIGNMENT OF LEASE DATED JULY 14, 1960, AS AMENDED, AN EXTENSION OF 50" x 247.87' TO THE NORTH, AND BY REVISING THE DESCRIPTION AND AMENDING NEW ASSIGNMENT OF LEASE DATED MAY 27, 1966, SO AS TO DETRACT THE SOUTH 50' x 247.87' AND ADDING AN AREA 50' x 247.87' ON THE NORTH OF THE REMAINING FORTION AS SHOWN ON MAP AND AMENDMENTS TO SAID ASSIGNMENT OF LEASES 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, present and voting "Aye," McDaniel, Sizemore, and Wallace, absent. Minutes Regular Council Meeting September 21, 1966 Page 12 ORDINANCE NO. 8184 AUTHORIZING EMINENT DOMAIN PROCEEDINGS BY THE CITY OF CORPUS CHRISTI TO CONDEMN FEE TITLE TO CERTAIN LOT OR PARCEL OF LAND LOCATED IN NUECES COUNTY, TEXAS; DESCRIBING SAID PROPERTY AS BEING LOT 1, BLOCK 104, BEACH PORTION OF THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS; IDENTIFYING THF RECORD TITLE OWNER AS BEING CORPUS CHRISTI TRANSPORTATION COMPANY, SAID CONDEMNATION BEING NECESSSARY TO ACQUIRE THE SUBJECT PROPERTY WHICH IS WITHIN THE CORPORATE LIMITS OF THE CITY OF CORPUS CHRISTI, FOR USE OF THE PUBLIC AS A PARK, SCIENCE PARK AND/OR OTHER MUNICIPAL PURPOSES; DIRECTING THE CITY ATTORNEY TO INSTITUTE CONDEMNATION PROCEEDINGS TO CARRY OUT THE INTENTIONS OF THIS ORDINANCE; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Furman, Blackmon, Dunne, Jimenez, present and voting "Aye," McDaniel, Sizemore, and Wallace, absent. ORDINANCE N0. 8185 AMENDING THE MAP OF THE CITY DESIGNATED A: "CORPUS CHRISTI DRILLING BLOCKS, MAY 31, 1956", BY ESTABLISHING NEW DRILLING BLOCKS DESIGNATED AS "BLOCKS 1085, 1084, 1074, 1069, 1063, 1058, 1075 AND 1068", HEREINAFTER MORE FULLY DESCRIBED; PROVIDING FOR PUBLICATION; PROVIDING A SAVINGS CLAUSE; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Furman, Blackmon, Dunne, Jimenez, present and voting "Aye," McDaniel, Sizemcre, and Wallace, absent. ORDINANCE N0. 8186 AMENDING THE MAP OF THE CITY DESIGNATED AS "CORPUS CHRISTI DRILLING BLOCKS, MAY 31, 1956," BY ESTABLISHING A NEW DRILLING BLOCK DESIGNATED AS "BLOCK 1666", HEREIN- AFTER MORE FULLY DESCRIBED; PROVIDING FOR PUBLICATION; PROVIDING A SAVINGS CLAUSE; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Furman, Blackmon, Dunne, Jimenez, present and voting "Aye," McDaniel, Sizemore, and Wallace, absent. ORDINANCE N0, 8187 THRID READING OF AN ORDINANCE GRANTING TO SOUTHWESTERN OIL AND REFINING COMPANY AN EXTENSION FOR A PERIOD OF FIVE (5) YEARS OF THE EXISTING FRANCHISE TO LAY, CONSTRUCT OPERATE, MAINTAIN, REPAIR AND REMOVE A PIPE LINE 2 7/8" IN DIAMETER FOR THE TRANSPORTATION OF NATURAL GAS WITHIN AND UPON NUECES BAY BOULEVARD, WEST BROAD- WAY STREET, FLORAL STREET, PALM DRIVE, VAN LOAN AVENUE, STILLMAN AVENUE, PEABODY AVENUE, KENNEDY AVENUE, HATCH STREET, SUMMERS STREET, AND LEXINGTON AVENUE WITHIN THE CITY OF CORPUS CHRISTI, TEXAS, SUCH FRANCHISE BEING GRANTED BY ORDINANCE NO. 6264, AS READ AND FINALLY PASSED ON AUGUST 30, 1961, AS SHOWN BY THE ORDINANCE RECORDS OF THE CITY OF CORPUS CHRISTI, TO WHICH REFERENCE IS HERE MADE FOR ALL PURPOSES, MAKING SUCH FRANCHISE AS EXTENDED BINDING ON THE GRANTEE, AND BINDING UPON THE SUCCESSORS AND ASSIGNS OF SOUTHWESTERN OIL AND REFINING COMPANY; PROVIDING FOR ACCEPTANCE BY SOUTHWESTERN OIL AND REFINING COMPANY; PROVIDING AN EFFECTIVE DATE; AND PROVIDING FOR PUBLICATION. Minutes Regular Council Meeting September 21, 1966 Page 13 The foregoing ordinance was read for the third time and passed finally by the following vote: Furman, Blackmon, Dunne, Jimenez, present and voting "Aye," McDaniel, Sizemore, and Wallace, absent. ORDINANCE NO. 8188 DECLARING ABANDONED THE 10 -FOOT UTILITY EASEMENT OUT OF AND ALONG THE NORTH LINE OF LOT 34, BLOCK 1-A, WESTSIDE INDUSTRIAL TRACTS, OF RECORD IN VOLUME 29, PAGE 91, MAP RECORDS, NUECES COUNTY, TEXAS; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Furman, Blackmon, Dunne, Jimenez, present and voting "Aye," McDaniel, Sizemore, and Wallace, absent. Motion by Blackmon, seconded by Jimenez, and passed that the application of Arnold 0. Morgan to drill Well #1, John C. Brooke et al Lease, Flour Bluff and Encinal Farm and Garden Tracts, be approved subject to receipt of Railroad Commission Permit and that the Federal Aviation Agency be notified of their intention to drill. Mrs. Bill Painter appeared in connection with the construction of side- walks for the Glen Arbor - Gardendale areas. City Manager Y+hitney advised Mrs. Painter that sidewalks for these areas are to be included in the next phase of the City's school sidewalk program, and that plans for the next series are now being circulated to school principals to obtain their recommendations. Mr. Bill Barfield appealed to the City Council to take some action for air pollution control within the City, stating that he had appeared before the Council in February of last year urging action and that the condition had worsened since that time; that it is easier to do something to prevent this condition than to wait until the problem gets out of hand. Mayor Furman stated that the City Council is aware of the problem and noted that City Manager Whitney is a member of the new State Air Pollution Control Board. Mr. Whitney stated that the Board's Staff is now working on standards and that he feels that some requirements intended to control air pollution will be set, but that the City has not taken any action up to the present time. Mr. Alsup, a resident in the vicinity of Blanch Moore School in Glen Minutes Regular Council Meeting September 21, 1966 Page 14 Arbor Addition was present seeking information as to what plans the Council has for continuing the street improvements on Staples out to Saratoga on the other side of Padre Island Drive, and also stated there is a great need for school crossing guards around the school. City Manager Whitney advised that a study of the volume of traffic in the area will be made through the Traffic Engineering Department and the Police Department and that a recommendation will be made to the Council. Mr. Whitney further advised that the Capital Improvements Committee is now in the process of making a study on what additional streets are in need of improvements and that a report from this committee is expected by next week. Motion by Blackmon, seconded by Dunne and passed that the recommendation of the Bay Drilling Committee be concurred in and that the following applications to drill, all of which are from established or designated cluster locations, be approved; Cities Service Oil Company, application to drill Wells Nos, 2 and 3 State Tract #49, Corpus Christi Bay; and Well No. 3, State Tract #14, Corpus Christi Bay; Gulf Cil Corporation, applications to drill Wells Nos. 6,7, and 8, State Tract #53, Corpus Christi Bay; and Wells Nos. 6 and7, State Tract #48, Corpus Christi Bay. There being no further business to come before the Council, the meeting was adjourned.