HomeMy WebLinkAboutMinutes City Council - 10/12/1966MINUTES
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
October 12, 1966
2200 P.M.
PRESENT:
Mayor McIver Furman
Mayor Pro Tem Jack R. Blackmon
Commissioners:
Patrick J. Dunne
Dr. P. Jimenez
Ken McDaniel
Ronnie Sizemore
Wm. H. Wallace
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 Blackmon in the absence of
the mnvited guest chaplain.
City Secretary T. Ray Kring called the roll of those in attendance.
Motion by Blackmon, seconded by Sizemore and passed that the minutes of
the Regular Council Meeting of October 5, 1966, be approved as furnished to the
Council.
Mayor Furman read and presented proclamations relative to the followings
NATIONAL BUSINESS WOMEN'S WEEK in Corpus Christi, the week of October 16 through
23, 1966,.accepted by Mrs. Marjorie Timon; and CORPUS CHRISTI LEGAL SECRETARIES'
DAY in Corpus Christi, October 17, 1966, accepted by Mrs. Wynn Wright.
Mayor Furman welcomed the Student Council from Flour Bluff Senior High School,
and their sponsor Mr. Polzin; and read and presented Certificates of Attendance
to Hollis Bond, Mercile Kennedy, Evelyn Silvertooth, Teri Wiss, Kathy Williamson,
and Nancy Self.
Mayor Furman naminated the following persons for appointment to the Human
Relations Committee: Reverend Reynell M. Parkins, J. Preston Pullam, Mrs.
George Farenthold, and Wm. D. Bonilla, replacing Mrs. Mattie Flowers, C. C.
Sampson, Ben F. McDonald, and C. V. Guzman, and Dr. W.H. Colson, as chairman.
Motion by Dunne, seconded by Blackmon and passed that Reverend Reynell
M. Parkins, J. Preston Pullam, Mrs. George Farenthold and Wm. D, Bonilla be
appointed to the Human Relations Committee, and that Dr. W. H. Colson be
appointed Chairman of this committee.
Mayor Furman announced the opening of bids.
Bids were opened and read on various sizes and quantities of Stainless
Minutes
Regular Coancil Meeting
October 12, 1966
Page 2
Steel Sheets for the Water Department from the following firms: Allied Metals,
Inc.; Associated Steel Company (Houston); Industrial Fabricators; Scott Perforat-
ing Company (Houston); Ducommun Metals; and Metal Goods Corporation (Houston).
The `oregoing bids were tabled for 48 hours as required by the City
Charter and referred to the City Manager for tabulation and recommendation.
Bids were opened and read on one complete package rotor Air Compressor
for the Water Department from the following firms: Holder Equipment Company;
Contractors Machinery; Worthington Corporation (Houston); Gardner -Denver Company;
Macon Sheets Equipment and Roy Klossner.
The foregoing bids were tabled for 48 hours as required by the City Charter
and referred to the City Manager for tabulation and recommendation.
Mayor Furman announced the pending item of the applicatl on of Cities
Service Oil Company for a permit to install a separation and dehydration facility
on Spoil Island near the Reynolds Plant in State Tract #2, on which a public
hearing was held October 5, 1966.
Motion by Sizemore, seconded by Dunne and passed that the recommendation of
the Bay Drilling Committee be concurred in and that the application of Cities
Service Oil Company for a permit to install a separation and dehydration facility
on Spoil Island near the Reynolds Plant in State Tract #2, be granted.
Mayor Furman announced the public hearing on the abandoning of the West
15 feet of the right of way of Denver Street, being that portion which abuts Lot
9-A, (a replat of Lots 9 to 15 inclusive), Block 115, Directors Addition, and
explained the procedure to be followed.
City Manager Whitney presented the request, stating that the request was
filed with the City Secretary by Mr. Lee McMillan on August 16, 1966, and was set
for hearing on September 28, 1966, but due to an error in publication of notice,
the hearing was rescheduled for this date; that the street in question is located
between Sinclair and Ropes Streets; that the closing of this street was inadvert-
ently omitted by Council action In 1963; and that it is desirable to close this
portion in order to make the streets uniform for this area. Mr. Whitney further
stated that he recommends the granting of this request subject to 15 fee:: being
Minutes
Regular Council Meeting
October 12, 1966
Page .3
retained es a utility easement..
Mr. McMillan appeared in support of the foregoing request, and stated
that he had been under the impression that this portion of Denver Street had
been closed in 1963, but had discovered that it had not been done.
No one appeared in opposition to the foregoing request.
Motion by Dunne, seconded by Sizemore and passed that the hearing be
closed.
Motion by Wallace, seconded by Dunne and passed that the West 15 feet of
the right of way of Denver Street, being that portion which abuts Lot 9-A, (a re -
plat of Lots 9 to 15 inclusive), Block 115, Directors Addition, be granted
subject to 15 feet being retained as a utility easement, and that an ordinance
ba: brought forward effectuating the closing.
Mayor Furman called for the City Manager's Reports.
Motion by Jimenez, seconded by Sizemore, and passed that the City Manager's
Reports, Items "a" through "d", Items "e" and "f" to be considered separately, be
accepted and that the recommendations and request be approved and granted as
followso
a. That the Plans and Specifications for the proposed Hydraulic Fill for
Cole Park, be approved, and that authority to advertise for bids to be received
October 26, 1966, be granted;
b. That the Plans and Specifications for the construction of Unit III,
Sidewalk Improvements for various schools, be approved, and that authority to
advertise for bids to be received on November 2, 1966, he granted;
c. That a contract with Pharaoh Valley Enterprises, Ltd., providing that
the City will be responsible for street light billings to the extent of $486.00
on six 2500 Lumen Residential Street Lights to be installed on ornamental poles
in Pharaoh Valley North, units 1 and 2, be authorized and tht a contract with
Saratoga Land Company, Inc., providing that Saratoga Land Company, Inc., will pay
to the City the sum of $405.00 upon receipt of which the City will assume responsi-
bility for payment of street light billings to the Central Power and Light Company
on five residential street lights to be installed on ornamental poles in Country
Minutes
Regular Council Meeting
October 12, 1966
Page 4
Club Estates, Nnin 4, be authorized;
d. That the bid award for the demolition and removal of Water Street
Buildings be made to 0. M. Green of Mathis, on the basis Of low bid meeting
specifications (Bid Tabulation #66-43).
City Manager Whitney presented two apllications of Cities Service Oil
Company to drill Well #3 in State Tract No. 16, and Well #1 in State Tract No.
64, Corpus Christi Bay, and pointed out on a plat the location of the proposed
wells as being within a c1 -,..stern that the drilling of the well in Tract #16
proposes a surface location in State Tract #21; that Well #1, State Tract #64
requests a surface location in Gulf Oil Company's State Tract 53, #3. Mr. Whitney
further stated that the applications appear to be in order and that he recommends
approval subject to agreement to abide by the new drilling ordinance; a hearing
if multiple completion is warranted; and the furnishing of the Railroad Commission
Permits and Permits from the Corps of Army Engineers. Also that Well #1 in State
Tract No. 64, approved subject to approval of Gulf 011 Corporation of surface
location.
Mr. C. D. Zlomke, District Superintendert of Cities Service Oil Company
appeared in support of the foregoing applications.
' Motion by Dunne, seconded by Blackmon and passed that the applications
nf Cities Service 011 Company, Well #3 in State Tract No. 16, and Well #1 it
State Tract No. 64, Corpus Christi Bay be approved subject to agreement to
ablate by the new drilling ordinance; a hearing if multiple completion is warranted;
the furnishing of Railroad Commission Permits and Permits from t3r.e Corps of Army
Engineers; a -.i that Well. #1 in State Tract No. 64, subject to approval of Gulf
Oil Corporation of surface location.
City Manger. Whitney presented a petition signed by 23 homeowners of
Abbott Addition, requesting that the City Council give serious consideration to the
beautification and maintenance of the traffic interchange and the property surround-
ing the intersection of Highway 44 and Padre island Drive.
that their homes are at stake, and all traffic to and from
and to and from Padre island is of vital importance to the
The homeowners stated.
the International Airport
community ani? that
Minuets
Regular Council Meeting
October 12, 1966
Page 5
they feel steps should be taken to prevent any more junk yards or salvage yards
from being allowed in the area. (Petiit'.on #66--18).
Mayor Furman stated the petition would be filed with the City Secretary for
fu.rthar consideration at workshop meeting.
ORDINANCE NO. 8205
AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS
CHRISTI, TEXAS, TO EXECUTE WITH THE PHARAOH VALLEY NORTH, UNITS 1 AND 2, A CONTRACT
PROVIDING THAT THE CITY OF CORPUS CHRISTI WILL BE RESPONSIBLE FOR STREET LIGHT
BILLINGS TO THE EXTEIN OF FOUR HUNDRED EIGHTY-SIX DOLLARS ($486) ON SIX 2500
LUMEN RESIDENTIAL STREET LIGHTS TO BE INSTALLED ON ORNAMENTAL POLES IN PHARAOH
VALLEY NORTH, UNITS 1 AND 2, UPON THE PAYMENT OT THE CITY OF FOUR HUNDRED EIGHTY-
SIX DOLLARS ($486), A COPY OF WHICH AGREEMENT IS ATTACHED HERETO AND MADE A PART
HEREOF; AND DECLARING AN EMERGENCY.
The Charter rule was suspended and the foregoing ordinance was passed by the
following vote: Furman, Blackmon, Dunne, Jimenez, McDaniel, Sizemore, and
Wallace, present and voting "Aye".
ORDINANCE N0. 8206
AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF
CORPUS CHRISTI, TEXAS, TO EXECUTE WITH THE SARATOGA LAND COMPANY, INC., A CON-
TRACT PROVIDING THAT THE CITY OF CORPUS CHRISTI WILL BE RESPONSIBLE FOR STREET
LIGHT BILLINGS TO THE EXTENT OF FOUR HUNDRED FIVE DOLLARS 0405,00) ON FIVE 2500
LUMEN STREET LIGHTS TO BE INSTALLED ON ORNAMENTAL POLES IN COUNTRY CLUB ESTATES,
UNIT 4, UPON THE PAYMENT TO THE CITY OF FOUR HUNDRED FIVE DOLLARS ($405.00) BY
SARATOGA LAND COMPANY, INC., A COPY OF WHICH AGREEMENT IS ATTACHED HERETO AND MADE
A PART HEREOF; AND DECLARING AN EMERGENCY.
The Charter rule was suspended and the foregoing ordinance was passed by
the following vote: Furman, Blackmon, Dinne, Jimenez, McDaniel, Sizemore, and
Wallace, present and voting "Aye".
SECOND READING
DEfNING 41ELK" AND CERTAIN ''MILK PRODUCTS," MILK PRODUCER," 'PASTEURIZATION,"
ETC.; PROHIBITING THE SALE OF ADULTERATED AND MISBRANDED MILK AND MILK PRODUCTS;
REQUIRING PERMITS FOR THE SALE OF MILK AND MILK PRODUCTS; REGULATING THE INSPECTION
OF DAIRY FARMS AND MILK PLANTS, AND THE EXAMINATION, LABELING, PASTEURIZATION,
DISTRIBLTION AND SALE OF MILK AND MILK PRODUCTS; PROVIDING FOR THE CONSTRUCTION
OF FUTURE DAIRY FARMS AND MILK PLANTS, AND THE ENFORCEMENT OF THIS ORDINANCE;
PROVIDING FOR SEVERABILITY; PROVIDING FOR PENALTY
The foregoing ordinance was passed for the second time and passed to its
third reading by the following vote: Furman, Blackmon, Dunne, Jimenez, McDaniel,
Sizemore, and Wallace, present and voting "Aye".
NAnAlTa
Regular Council Meeting
October 12, 1966.
Page 6
SECOND READING
AMENDING ORDINANCE NO. 4168, ALSO REFERRED TO AS THE 'PLATTING ORDINANCE OF THE
CITY OF CORPUS CHRISTI" PASSED AND APPROVED ON THE 23RP DAY OF MARCH, 19550 AS
AMENDED, BY AMENDING AND ADDING TO SUBSECTION "A" OF SECTION VI RELATING TO
OFF-SITE IMPROVEMENTS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PRO-
VIDING FOR PUBLICATION.
The foregoing ordinance was passed for the second time and passed to its
third reading by the following vote: Furman, Blackmon, Dunne, Jimenez, McDaniel,
Sizemore, and Wallace, present and voting "Aye".
FIRST READING
AMENDING SECTION 24-55 OF THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, DEAL-
ING WITH OPERATIONS FOR PRODUCTION OF OIL AND GAS, BY SUBSTITUTION OF THIS
ORDINANCE AND REPEALING SECTION 7 OF ORDINANCE NO. 2818 PASSED AND APPROVED ON
JULY 11, 1950, ORDINANCE NO. 2953, PASSED AND APPROVED ON DECEMBER 19, 1950,
ORDINANCE NO. 7201, PASSED AND APPROVED ON APRIL, 22, 1964, AND ORDINANCE NO. 7715,
PASSED AND APPROVED ON SEPTEMBER 8, 1965, ORDINANCE NO, 7983, PASSED AND APPROVED
ON APRIL 20, 1966, ORDINANCE NO. 7999, PASSED AND APPROVED ON APRIL 27, 1966, AND
ORDINANCE NO. PASSED AND APPROVED ON JUNE 1, 1966, EACH OF WHICH
AMENDED SAID SECTION 7 OF SAID ORDINANCE NO. 2318 (SECTION 24-55 CORPUS CHRISTI
CITY CODE, 1958, AS AMENDED) SO AS TO PROVIDE SPECIAL PROVISIONS RELATIVE TO
CORPUS CHRISTI BAY, NUECES BAY AND LAGUNA MADRE.
The foregoing ordinance ,,,as passed for the firsttime and passed to its
eecccd reeding by the following vote: Furman, Ela,Amon, Dunne, McDaniel, Sizemore,
and Wallace; present and voting "Aye". Jimenez present and voting "Nay".
Mayor,Furman announced the Council would be in recess for ten minutes in
order for the Zoning and Planning Staff to prepare the Council Chamber for the
scheduled public hearings.
Mayor Furman reconvened the meeting and announced the public hearing on
Application #966-1, Mr. H. J. Cantu, for cliAnge of zoning from "A-2" Apartment
House District to "B-1" Neighborhood Business District on Lot 1, Jasmin Addition.
Larry Wenger, Senior City Planner, located the property on the map and
described the zoning and land use of the surrounding area; explained that at the
Commission hearing held on September 13, 1966, Mr. Joe Garza had appeared on behalf
cf the applicant stating that the subject property is occupied by a rental house
which is vacant much of the time and that the applicant proposes to replace this
house with a more profitable business use; that the Staff had mailed 33 letters,
one return, received in favor and none in opposition; and that it was the recommeh-
Minutes
Regular Council Meeting
October 12, 1966
Page 7
dation of the Zoning and Planning Commission that the request bedeniedon the
basis that approval would constitute spot zoning, which would invite strip zoning
along 19th Street, and would also increase traffic congestion at an intersection
on which two schools front.
Mr. Joe Garza appeared representing the applicant, and stated that Mr. Cantu
will only construct a business that will be beneficial to the neighbonccod and that
such proposed use will not be incompatible with the surrounding area since the
residential trend was broken some time ago when "B-1" was granted for a dry goods
store at the corner of 19th and Agnes. Mr. Garza further stated that if the
Council elects to deny the request for change of zoning that Mr. Cantu would accept
a Special Council Permit to improve the property in question, and that he proposes
to remodel the building for the establishment of a bww*y shop,
No one appeared in opposition to the foregoing application.
Motion by Jimenez, seconded by Dunne and passed that the hearing be closed,
Motion by Jimenez, seconded by Blackmon and passed that Application #966-1,
Mr. H. J. Cantu, for change of zoning from "A-2" Apartment House District to "B-1"
Neighborhood Business District on Lot 1, desmin Addition, be denied, but that in
lieu thereof a Special Permit be granted as requested, and that an ordinance be
brought forward effectuating the change.
Mayor Furman announced the public hearing on Application #966-2, Mrs. Jane
H. Mays, for change of zoning from "R-2" Tao -family Dwelling Distirct to "A-1"
Apartment House District on Lots 55 and 56, Block 1203, Fitchue Addition.
Larry Wenger located the property on the sap and pointed out the zoning and
land use of the immediate area as being predominately one -family uses ; that at the
Commission hearing held on September 13, 1966, the applicant had appeared in support
of the application and stated that she proposed to move two buildings, E duplex and
a small apartment, onto the request property; that the Staff had mailed .24 letters,
none received in favor and one in opposition; and that it was the recommendation of
the Zoning and Planning Commission that the Application be denied on the basis that
approval would constitute spot zoning and would increase the density inan already
densely populated area.
Minutes
Regular Council Meeting
October 12, 1966
Page A
Mrs. Jane H. Mays, applicant, appeared before the Council and stated her
intentions to move two buildings onto the property to be connected by a breeze-
way, creating a triplex, and that she hopes to rent these units to students
at.t.anding Del Mar College. Mrs. Mays stated that she would. accept a Speclal
Council Permit for three apartment units on this property.
No one appeared in opposttion to the foregoing request.
Motion by Dunne, seconded by Sizemore and passed that the hearing be
closed.
Motion by Wallace, seconded by McDaniel and passed that the recommemdation
of the Zoning and Planntng Commission be concurred in and that Applization #966-2,
Mrs. Jane H. Mays, for change of zoning from "R-2" Two -Family Dwelling District
to "A-1" Apartment House District on Lots 55 and 56, Block 1203, Fitchue Addition,
be denied on the basis that approval would constitute spot zoning and would
increase the density in an already densely populated area.
Minutes
Regular Council Meeting
October 12, 1966
Page 8
Mayor Farman announced the public hearing 3n Application #966-3, Mrs.
Bohnet's Bakery, for change of zoning from "S -I" bleighhorbood Business District
to "B-4" Gnral Business District on Lots 1, 2, and 3, Hook 1, Eroadmore Park,
No. 1.
Larry Wenger located the property on the map and described the zoning and
land uses cf the surrounding, area; stated that at the Commission, hearing held cn
the 13th of September, 1966, Mr. Bea McDonald, attorney had dppeared representing
the applicant; that no one appeared in opposition, that the Staff had mailed 31
letters, four received in favor and none in opposition; and that the recommendation
of the Zoning and Planning Commission was that a Special Permit be granted. 'o operate
a business for the wholesale cf bakery products, but with. no actual baking, for a
term of two years and subject to all regulations of the 9-1" Neighborhood Business
District.
Mr. Ben F. McDonald appeared on behalf of the applicant and stated that the
property is now being used as a thrift store. locaticm, selling day-old bakery
products which is permissible in a "S-1" zone; that his clients are requesting
"B-4" zoning to allow their trucks to deliver fresh bread form her bakery in
San Antonio, after which it will then be loaded into smaller trucks and delivered
to various grocery stores within the City,that this activity will require from one
to two hours, beginning at 50D0 a.m. and will not create excessive noise, Mr.
McDonald further stated that the applicant will. agree to builde chain link fence
around the property. and that all other requirements will be complied with; that it
the Council does net grant "B-4" zoning, the applicants will accept a Special
Council Permit for five years to coincide with the term of the lease.
No one appeared in opposition to the foregoing request.
Motion by Blackmon, seconded by McDaniel and passed that the hearing be
closed.
Motion by Blackmon., seconded by Wallace and passed that the recommendation
of the Zoning and Planning Commission be concurre, in and. that Application #966-3,
Mrs. Bohnet's Bakery, for change of zoning from "8-1" Neighborhood Business District
to "8-4" General Business District on Lots 1, 2, and 3, Block. 1, Broadiore Park No.
2, be denied, but in lieu thereof, a Special Permit be granted to operate a
Minutes
Regular Council Meeting
October 12, 1966
Page 9
business for the wholesale of bakery products but with no actual baking, for a
term of 5 years, conditions of Special Permit to be worked out with. the Staff
subject to "B-1" regulations and presented to the 4-,;ouncil for workshop Monday
night: preparatory to drafting the ordinance effectuating the change.
Mayor Furman announced the public hearing on App/cation #966-4, the
Annaville Church of Christ, for change of zoning from "P. -1B" One -family Dwelling
District to "E-1" Neighborhood 3usiness District on Lots 1,2,3,4 & 5, alook 1,
Mayfield Addition, and Lots 1 and 2, Block 0, Annaville Addition #2.
Larry Wenger presented the application; located the property on the map
and described the zoning and land uses of the surrounding area; stated that the
property is presently being used by the Annaville Church of Christ; that at the
Commission hearing held of September /3, 1966, Mr. Charles Jackson had appeared
favoring this application and stated that he intends to purchase the property in
question contingent on proper zoning for a funeral home; that one other person had
appeared in opposition to the request but stated that a Special Council Permit
would be satisfactory for his purpose. Mr. Wenger further statedthat tleStaff
had mailed 25 letters, none received in favor and three, in opposition; and
that it was the recommendation of the Zoning and Planning Commission that the
request be dented but, in lieu thereof, a Sial Council Permit be granted for
the construction and operation of a funeral home.
Mr. Charles Jackson appeared in. support of the application, stating that
he intends to purchase this property for the purpose of constructing and operating
a funeral home only that this purchase is contingent on proper zoning for this
particular use; and that he is interested only in a Special Permit and not neces-
sarily the zoning. He further stated that the property contains 3.6 acres, and
that he plans to purchase all of it; that the, proposed structure will not be near
anyone and that it will be a well -kept place. Mr. ,7,ackson exhibited to the
Council copies of a sketch showing the plans for the proposed development, end
stated that anything in, the way of future planning would be in rhe nature of a
funeral home or allied services.
No one appeared in opposition to the foregoing application,
Motion by Blackmon, seconded by Wallace and passed that the hearing be
closed.
Minutes
Regular Council Meeting
October 12, 1966
Page 10
Motion by Wallace, seconded by Blackmon and passed that Application #966-4,
the Annaville Church of Christ,for change of zoning frcm "R-1" One -family Dwell-
ing District to "3-1" Neighborhood business District on Lots 1,2,3,4 and 5, Block
1, Mayfield Addition, and Lots 1 & 2, Block D, Anneville Addition #2, be
tabled for further consideration at Workshop Meeting Monday night,
City Manager presented a petition containing 30 signatures of residents
living on South Staples Street between South Padre Island Drive and Holly Road,
requesting street improvements on this portion of South Staples be included in the
City's immediate development program. Re stated that the request is based an
the growing number of children attending parochial and public schools from the
area (Petition #66-19).
Mayor Furman announced that a vacancy had been created on the Zoning and
Planning Commission by the death of Joe Roscoe and nominated Mr, Frank Gair:ez
to fill this vacancy.
Motion by Jimenez, seconded by Blackmon and passed that Frank 0amez be
appointed to serve on the Zoning and Planning Commission,
Mayor Furman announced that the meeting would recess until 4a0O p.m., the
time set for public hearing in connection with a, proposed ordinance relative to
Sunday Closing.
Mayor Furman reconvened the meeting and stated the purpose of the meeting
to hear arguments pro and con relative to an ordinance proposed by a group of
local business men, which would make it an offense to fraudulently sign a
"certificate of emergency" in order to buy merchandise on Sunday which is pro-
hibited by State Law, and expeined the procedure to be followed.
Mr. W. T. Neyland, president of the Central Business District Association,
appeared and stated that 27 of the City's Largest stores in the downtown area are
in favor of the proposed ordinance; that they and their employees think that it would
be in the best interest of the community; that Sunday openings do not create new
business; and that continued Sunday sales will eventually cause all stores to open
on Sunday.
Councilman Blackmon stated, by way of clarification, that it should be
Minutes
Regular Council Meeting
October 12, 1966
Page 11
clearly pointed. out 1ha'_ the proposed ordinance does not pertain to Sunday closing
but with making it an offense for a purchaser to sign a "certificate of emergency"
fraudulently.
Mr. Morris Lichtenstein, Sr., president of Lichtenstein's Inc., stated that
he has been in the retail business all of his life and never found it necessary
to open his store on Sundays. He further stated that his business can stand the
competition, but that he is heartily in favor of the ordinance so that the smaller
merchants will not be penalized.
Mr. J. B. Scott, president of and representing the merchants of Saxet
Shopping Center, appeared and stated that members of the Saxet. Center Merchants
Association were unanimously in favor of restricting Sunday openings; that the
members of this association had not been pressured or influenced in any way, but
stated that should the Council pass the proposed ordinance in question, they
could be assured that the members of this organization would comply one hundred
percent. Mr. Scott read a letter signed by members of the Saxet Center Merchants
Association endorsing the proposed ordinance.
Mr. Paul Hawkins, representing the Parkdale. Merchants Association, spoke
in favor of the proposed ordinance, and read the names of some 10 or 12 merchants
in the Parkdale Center who had gone on record favoring Sunday closing laws and
urged passage of the ordinance.
Mr. Orville Wright, representing the Handy Andy Shopping Center, spoke
on behalf of the merchants in this center and stated that the majority favored
the passage of the ordinance; that if some restrictions are not enforced, soon
all stores will be staying open and that each will be doing the same business as
before only doing it in seven days instead of six..
Mr. Frank Williams, local manager of Sears, Roebuck and Company, appeared
representing the 300 employees of this company, and stated it was their feeling
that Sunday is a day for attending church and for family life, and that six days
a week is enough time to make necessary purchases. He further stated that the
purchasers often sign fictitious names and thkt the purchases made are Seldom
a real emergency,
Minutes
Regular Council Meeting
October 12, 1966
Page 12
Mr. John SurersManager of j. C. Penney Company, appeared and stated
that his reasons fur being in favor of this ordinance were not, basically economic;
that he feels that the mat;.hnts who oppose theae laws are only seeking the
dollar; that if stores continue to open on Sunday more and more will be compelled
to do so and that Sunday will become just anoCher work day and will result in
general breakdown in faLAly life,
Mr. :Tim Wilscn, Manager of Yedway Stores, appeared in support of the
passage of the proposed ordinance in. question, stating that he had been in the
retail business for 20 years and does not feel. that it is necessary to open his
place of business morethan six days a week, and that he is definitely in favor
of the proposed ordinance restricting this practice.
A spokesman from Portairs Shopping Center appeared xepresenting the other
merchants in, this center, and. stated that the majority are in favor of the passage
of the proposed ordinenne; that in his opinion it is not right to require employees
to work or, Sunday; that Sunday closing is a tradition that should be preserved;
that no new business is actually created; that the trend for years has been for
shorter work weeks, anethat he feels it, is in the best interast cf the employees
and cotter that werchants not open their places of business on Sunday.
Mr. Charles Goddard, Manager of Wbolworth, stated thatof the 80 employees
in his store, notone of them, wanted to work on Sunday; that he has been in :his
business fo.: 29 years and. associated with Woolworth. Stores over the conntry, and
not one of them have ever advocated Sunday opertngs but have taken a strong stand
in the communittas against. this practice. Ste further stated that he wanted to go
on record as wholeheartedLy endorsing the proposed or 1e in question.
Mr. Sol Greene, appeared representing the Alameda Shopping Gentar, and
stated that this Center was 9t nercant against Sunday openinge, and asked that
he has an opportunity to express his views after the o7ponents have talked,
Others appearing end strongly supporting the proposed ordinance. were;
Tony Murphy of S & Q Clothiers; Elmer Zimmerman, G%Ifway Shopping Center; Fill
Tichenor, Bill's Shoe Box; and Joe Simon, I.ueces Frrnithre Store,
Mayor Furman ennoumeed that all. having been heard to be heard endorsing the
proposed ozdinante, he wzYdld now hear from those in the audience who wished to speak
Minutes
Regular Council Meeting
October 12, 1966
Page 13
in opposition.
Mr. Oscar Sptdz, attorney representing Shopper's World, appeared and stated
that he was present. to urgethat the Council carefully consider the issues before
passing an ordinance "making it unlawful for a person to fradulently execute a
"Certificate of Emergency" in order to purchase merchandise on Sunday. Mr. Spitz
stated that just because some merchants do not want to stay open cn. Sunday is no
reason to impose the law on those who do; that it is impossible to legislate a
market place; that the principal reason for those endorsing the ordinance is based
on economic competition.; that as for employees, he said minimum wage laws make
it economically impractical to work a person more than 40 hours a week, and
challenged the sincerity of those making the statements, that many other businesses
are open on Sunday, such as hotels,restaurants, theaters, bowling alleys, and
golf courses.
In answer to a cuestion by Mayor Furman as to the definition of an
"emergency" Mr, Spitz stated that the Supreme Court had equated welfare with happi-
ness or well-being. He further stated that every purchase made as an emergency is
an emergency, if the purchaser himself feels it is necessary for his well-being and
happiness. Mr. Spitz spoke in great length and detail as to what would be termed
"an emergency," and. where the burden of proof would lie in case of litigation.
Mr. Spitz stated that customers in 'the lower income bracket cannot take advantage
of the night. shopping hours becuase they cannot afford tb hire a babysitter; that
these people are faced with a real emergency; that this would be a threat to their
welfare, well-being, and happiness which constitute an emergency to the. He
stated further that a great nomber f people from outlying areas come into Corpus
Christi to shop at the discount centers on Sunday; thatthey work on farms and are
too busy during the week to make necessary purctases, and pointed out that the
City as a whole is benefitted as 5. result of these sales. He also pointed out
that Houston and other cities had attempted to pass such an ordirsalma and had found
that it was impossible to enforce. That in San Antonio Sunday shopping is allowed
and that Sunday shopping there is a family affair which contributes "well-being"
and "happiness". Mr. Spitz stated in summary, that the proponents were justified.
in being concerned about their own personal benefits, but challenged their sincerity
Minutes
Regular Council Meeting
October 12, 1966
Page 14
in being interested in the community in general; that it would be impossible to
enforce a local ordinance because the City could not prove a person falsely or
fraudulently signed a certificate that a purchase was necessary for his health,
safety or well-being.
Mr. Jim Richie, appeared and stated that he speaks as in individual; that
he has no businass interests in Corpus Christi or elsewhere; that he did not
necessarily oppose the passage of the ordinance, but took issue with the penalty
factor; stated that probably half the people who attend church and who would oppose
Sunday openings, patronized restaurants, movies and other establishments who stay
open on Sundays which are unchallenged. He further stated that hs did not feel
this is a moral issue; that he does not believe this law can be enforced, and that
he resents being asked to sign a certificate of emergency on Sunday or any other
day.
Mr. William H. Bloch, attorney representing Atlantic Thrift Center,
appeared and stated that the merchants in favor of this ordinance are asking the
City to "do their legal work for them"; that if the ordinance is passed it will be
contested and then will have to be defended by the City; that the burden would be
on the purchaser, but that Atlantic Thrift would defend any of its customers who
were charged; that since a lot of the discount business comes from out of town, there
will be a public relations problem if the City attempts tc prosecute some of "our
Latin neighbors from Benavides." Mr. Bloch cited numerous court cases in support
of his statements including a suit filed locally against Shoppers World, Inc., and
pointed out that the Supreme Court eventually held th the state Law requires only
the signing of the certificate that the purchase is necessary for the welfare,
health, or safety of human or animal life; termed the ordinance a "scare ordinance",
unenforceable, illegal and against the wishes of the majority of the people;
suggested a referendum be held tc determine public opinion, and stated that the
opponents feel that the result would be three or four to one against the passage
of the proposed ordinance.
Mr. Wayne Sheffield, spoke as a private citizen; commented on the"asinine"
remarks he had heard from both the cppbnents and proponents during this meeting,
and stated he did not believe the proposed ordinance corse possibly be enforced.
Minutes
Regular Council Meeting
October 12, 1966
Page 15
Mr. Ed Goldsmith, speaking for GMC Discount Center, appeared and stated
that he estimated that 40 percent of his budness is from out of town on Sundays,
that 10,000 persons shop at the four discount centers every Sunday; that in his
opThion it would be just as logical to try to pass an ordinance for the closing
of Saturdays, that there is no difference, and that he believed that if the
isaue were put to a vote of the peocle, he would estimate that 95 percent of the
people in the City would vote for store openings on Sunday.
Mr, Sidney Buford, spoke for himself and commended the Council for good
intentions, but stated that good intentions do not always make good laws; that this
is not a moral issue, and that he personally considers it an infringement upon
his rights as a citizen.
Mr, Marcelle Poirrier, assistant manager of Gibson's Discount Center, appeared
and stated that in the event the Council did pass the proposed ordinance, and if
all other stores closed he would abide by the Council's decision.
Mr, Tom Oxley, speaking for himself, stated that he was in accord with the
statements of Mr. Richie; that the matter in question is not a matter for the
Council to decide0and that the burden falls on the purchaser.
Mayor Furman announced that a ten-minute period would be allowed for
rebuttals.
Mr. Lev Hunt, attorney, representing the Texas Retail Merchant's Association,
stated that he is very much in favor of the passage of the proposed ordinance, stat-
ing that the ordinance is only asking for truthfulness and honesty on the part
of the purchaser.
Mr. Sol Greene spoke in connection with the statements of Mr. Spit?, and
Mr. Bloch, wherein it was stated that Sunday shopping was a family affair and a day
of recreation for the whole family, and stated that'the City spsnds large sums of
money for public parks and other recreational facilities for this purpose. Mr.
Greene stated that this matter is just another step toward degeneration, and that
the City has a right and should be interested in the cultural development of the
City.
Mr, Scott stated that the sum and substance of Mr. Bloch's and Mr. Spitz's
remarks amounted to an intimidation �f the Council in the form of threats.
Minutes
Regular Council Meetnng
October 12, 1966
Page 16
Mro Spitz stated that he also was in favor of improving the cultural develop-
ments of our community, but stated that he was concerned with the lower income class
of people who could not afford to attend concerts.
Mro Bloch, spoke relative to the remarks of Mr. Scott, as to intimidation
of the Council, and stated that in no way are his remarks to be construed as
an intimidation of the Council, that they were only exercising their prerogative
to discuss the issue.
Mr. Danny New, spoke for himself, and stated that he did not feel that it
should be the concern of the Council whether or not he as an indiv'.dual committed
himself truthfully or fraudulently.
All having been heard who wished to be heard on the foregoing matter,
Mayor Furman declared the hearing closed.
Motion by Jimenez, seconded by Dunne, and passed that consideration of the
proposed ordinance relative to Sunday Closings be tabled for further study.
ORDINANCE NO. 8207
AMENDING AN ORDINANCE ENTITLED "AMENDING THE RULES AND REGULATIONS OF THE CIVIL
SERVICE BOARD OF THE CITY OF CORPUS CHRISTI BY ADDING ARTICLE XX PROVIDING FOR
THE ADOPTION AND ADMINISTRATION OF THE POSITION CLASSIFICATION PLAN FOR ALL
OFFICES AND POSITIONS IN THE CLASSIFIED SERVICE," BEING ORDINANCE NO. 3658,
PASSED AND APPROVED BY THE CITY COUNCIL ON FEBRUARY 10, 1954, BY DELETING THE
POSITION OF ASSISTANT TO THE MUSEUM DIRECTOR, AND ADDING THE POSITION OF
ASSISTANT MUSEUM DIRECTOR; PROVIDING AN EFFECTIVE DATE; 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. 8208
AMENDING AN ORDINACE ENTITLED "ADOPTING AND PROVIDING FOR THE COMPENSATION PLAN FOR
ALL POSITIONS IN THE CITY SERVICE; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH;
CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE; AND DECLARING AN
EMERGENCY", BEING ORDINANCE 8127, PASSED AND APPROVED BY THE CITY COUNCIL ON AUGUST
3, 1966, BY PROVIDING FOR RATES OF COMPENSATION FOR EMPLOYEES OF THE TRANSIT DEPART-
MENT, RECOGNIZING PRIOR SERVICE WITH NUECES TRANSPORTATION COMPANY FOR COMPENSATION
PURPOSES, PROVIDING FOR OVERTIME COMPENSATION FOR TRANSIT DEPARTMENT EMPLOYEES; PRO-
VIDING FOR RECOGNITION OF PRIOR SERVICE WITH A NON-PROFIT CORPORATION CONSOLIDATED
INTO A CITY ACTIVITY; CHANGING THE RATE OF COMPENSATION OF THE MUSEUM DIRECTOR;
PROVIDING AN EFFECTIVE DATE; AND DECLARING AN EMERGENCY.
The Charter rule was suspended and the foregoing ordinance was passed by
the following vote, Furman., Blackmon, Dunne, Jimenez, Sizemore, and Wallace,
Minutes
Regular Council Meeting
October 12, 1966
Page 17
present and voting "Aye". McDaniel present and abstaining.
There being no further business to come before the Council the meeting
was adjourneda