HomeMy WebLinkAboutMinutes City Council - 12/13/1967PRESENT:
Mayor Jack R. Blackmon
Mayor Pro Tem Ronnie Sizemore
Commissioners:
Dick Bradley, Jr.
Dr. P. Jimenez, Jr.
Gabe Lozano, Sr.
Ken McDaniel
W. J. Roberts
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
December 13, 1967
2:00 p.m.
City Manager Herbert W. Whitney
City Attorney I. M. Singer
City Secretary T, Ray Kring
Mayor Jack R. Blackmon called the meeting to order.
The Invocation was given by the Reverend Earl N. McArthur of All Saints Episcopal Church.
City Secretary T. Ray Kring called the roll of those in attendance.
The Minutes of the Special Council Meeting of November 27, 1967; of the Regular Council
Meeting of November 29; and of the Regular Council Meeting of December 6, 1967, were approved
as submitted to the Council.
Mayor Blackmon read and presented a proclamation, designating December 20, 1967, as
KTRH DAY, as an expression of gratefulness to this Radio Station of Houston, Texas, whereby
Corpus Christi will be saluted, and urged the citizens of the community to tune "740 on your dial"
on this occasion.
Mayor Blackmon recognized the Student Council from King High School, and their sponsors,
Mrs. Ramirez, and Mrs. Barbara Brooks; and read and presented Certificates of Attendance to Rhonda
Mann, Kay Tollett, Susan Wheeler, Jeff McDaniel and Lillie Haymaker.
Mayor Blackmon called for the City Manager's Reports.
Motion by Sizemore, seconded by Bradley and passed that the City Manager's Reports,
Items "a" through "h", be accepted, and that the recommendations and requests be approved and
granted as follows:
a. That the acceptance and final payment of Estimate No. 4, in the amount of $6,762.86,
representing the amount due the Contractor, Heldenfels Brothers, for completion of construction of
the Sanitary Sewer Laterals for Jamaica, Waldron Road and Caribbean Place, be approved;
b. That the Preliminary Plans for the remodeling of the Third Floor of the La Retama Library
as prepared by Architect Walter Wilde, be approved, and that authority to proceed with the final
plans, be granted;
Minutes
Regular Council Meeting
December 13, 1967
Page 2
c. That an appropriation in the amount of $500.00, for the acquisition of Parcel No. 3,
in connection with street improvements of North Staples Street, Kinney Avenue to I. H. #37, be
approved;
d. That an appropriation in the sum of $7,285.82 to cover expenses in connection with the
sale of $3,550,000 General Improvements Bonds, Series 1967, on September 7, 1967, be approved;
e. That the authority to advertise for bids for the demolition and removal of 34 buildings
from the Bayfront Science Park Property, to be opened December 27, 1967, be granted;
f. That the award of bid on five items of Stainless Steel Sheets, consisting of 24 - 36" x
144" Sheets; 24 - 36" x 120" Sheets; 1,250 Rods; 2,500 Nuts and 2,500 Washers, be made to
Ducommun Metals & Supply Company, in the amount of $4,145.51, on the basis of low bid meeting
specifications; (Bid Tabulation #67-47)
g. That the award of bid on two items of Fire Hose be made to the following firms on the
basis of low bids meeting specifications: To Blaze Guard Manufacturing Company of North Bergan,
New Jersey, Item 1 - 3,000 feet 1-1/2" Staple cotton, double jacket, rubber lined fire hose in
50° lengths, fora total sum of $1,878.66; To F. Dale Bacon of Glenview, Illinois: Item 2 - 1,000
feet 1" Booster Hose, 400# WP, smooth rubber or neoprene covered and rubber lined with rocker
lugs, for a total sum of $709.72; (Bid Tabulation #67-48)
h. That the City Code be a mended so as to prohibit parking on both sides of Mesquite street from the
intersection of Schatzel street to the intersection of Lawrence street, but that loading zones be retained.
City Manager Whitney presented a request of Mr. Carl Duaine, requesting Council permission
to delete the sidewalks from the street requirements in the South one-half of Kingswood Addition,
and stated that the reasons for the request were that there are no sidewalks within two miles of the
Subdivision; that the addition is being planned to suit the needs of older groups of people; and that
the money spent for sidewalks could be used more advantageously for boating facilities.
Motion by Bradley, seconded by Roberts and passed, with Jimenez voting "Nay" and
Sizemore abstaining, that the request to delete the sidewalks from street improvements in Kingswood
Addition, be granted.
Minutes
Regular Council Meeting
December 13, 1967
Page 3
City Manager Whitney presented the application of Cities Service Oil Company for a permit
to drill State Tract #10, Well #3, Corpus Christi Bay, from an irregular location at the surface, being
410' FSEL and 660' FSWL of State Tract #11, and directionally drill to bottom under adjoining State
Tract #10. Mr. Whitney stated that the application was a proper application having been duly examined
by the Bay Drilling Committee and that approval was recommended.
Motion by Bradley, seconded by Roberts and passed, with Sizemor&abstaining, that the appli-
cation of Cities Service Oil Company for a permit to drill State Tract #10, Well #3, from State Tract
#11, Corpus Christi Bay, be approved as presented and as recommended by the Bay Drilling Committee.
SECOND READING OF AN ORDINANCE AMENDING SECTION 9-78 OF THE CORPUS CHRISTI
CITY CODE, 1958, AS AMENDED,BY AMENDING SUBSECTION (A) SO AS TO HEREAFTER
REGULATE THE SPEED OF WATERCRAFT ON LAKE CORPUS CHRISTI WITHIN 300 FEET OF THE
WATER'S EDGE AND TO SPECIFICALLY PROVIDE THAT CARELESS OPERATION OF ANY WATER-
CRAFT ON THE LAKE BEYOND 300 FEET FROM THE WATER'S EDGE SHALL BE DEEMED A CRIME
OF CARELESS OPERATION; AMENDING SECTION 9-78 OF THE CORPUS CHRISTI CITY CODE,
1958, AS AMENDED, BY AMENDING SUBSECTION (L) SO AS TO HEREAFTER PROVIDE THAT ALL
MOTORBOATS TOWING OR OTHERWISE ASSISTING A PERSON ON WATER SKIS, SURFBOARD
OR SIMILAR CONTRIVANCE SHALL BE OPERATED NOT LESS THAN 300 FEET FROM THE WATER'S
EDGE;REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SAVINGS CLAUSE;
PROVIDING FOR PUBLICATION.
The foregoing ordinance was read for the second time and passed to its third reading by the
following vote: Blackmon, Sizemore, Bradley, Jimenez, Lozano, McDaniel and Roberts present
and voting "Aye".
ORDINANCE NO, 8686
RECEIVING AND ACCEPTING CONSTRUCTION OF THE SANITARY SEWER LATERALS FOR
JAMAICA, WALDRON ROAD AND CARIBBEAN PLACE, PROJECT NO. 250-64-48.2, AS
PERFORMED BY THE CONTRACTOR, HELDENFELS BROTHERS, UNDER THEIR CONTRACT
DATED JULY 19, 1967,AUTHORIZED BY ORDINANCE NO. 8531; AUTHORIZING PAYMENT
OF FINAL ESTIMATE NO. 4, DATED NOVEMBER 30, 1967, IN THE AMOUNT OF $6,762.86,
A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, SAID PAYMENT TO
BE MADE FROM NO. 250 SANITARY SEWER BOND FUNDS, PREVIOUSLY APPROPRIATED;
AND DECLARING AN EMERGENCY.
The Charter rule was suspended and the foregoing ordinance was passed by the following
vote: Blackmon, Sizemore, Bradley, Jimenez, Lozano, McDaniel and Roberts present and voting
"Aye".
ORDINANCE NO. 8687
APPROPRIATING OUT OF NO. 220 STREET BOND FUNDS THE SUM OF $500 FOR PROJECT NO.
220-61-50, NORTH STAPLES, KINNEY AVENUE TO I. H. #37, FOR THE ACQUISITION OF
ONE (1) PARCEL OF LAND, BEING PARCEL NO. 3; AUTHORIZING AND DIRECTING THE CITY
Minutes
Regular Council Meeting
December 13, 1967
Page 4
MANAGER TO EXECUTE REAL ESTATE SALES CONTRACT, FOR AND ON BEHALF OF THE CITY
OF CORPUS CHRISTI, WITH THE OWNER OF THE AFORESAID PARCEL, WHEN AND ONLY
WHEN THE PURCHASE PRICE IS WITHIN THE "APPROVED VALUE" AS DETERMINED BY THIS
ORDINANCE; AND DECLARING AN EMERGENCY.
The Charter rule was suspended and the foregoing ordinance was passed by the following
ote: Blackmon, Sizemore, Bradley, Jimenez, Lozano, McDaniel and Roberts present and voting
"Aye".
ORDINANCE NO. 8688
APPROPRIATING THE SUM OF $7,285.82 OUT OF VARIOUS BOND FUNDS FOR EXPENSES IN
CONNECTION WITH THE SALE OF $3,550,000 GENERAL IMPROVEMENT BONDS, SERIES 1967
ON SEPTEMBER 7, 1967; AND DECLARING AN EMERGENCY.
The Charter rule was suspended and the foregoing ordinance was passed by the following
vote: Blackmon, Sizemore, Bradley, Jimenez, Lozano, McDaniel and Roberts present and voting
"Aye".
ORDINANCE NO. 8689
AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI ADOPTED ON THE
27TH DAY OF AUGUST, 1937, APPEARING OF RECORD IN VOLUME 9, PAGES 565, ET SEQ,
OF THE ORDINANCE AND RESOLUTION RECORDS, AS AMENDED FROM TIME TO TIME AND
PARTICULARLY AS AMENDED BY ORDINANCE NO. 6106, AS AMENDED, UPON APPLICATION
OF BENJAMIN ESHLEMAN, JR. AND LORINE ESHLEMAN VOGT, BY GRANTING A SPECIAL
COUNCIL PERMIT ON A PARCEL OR TRACT OF LAND CONTAINING 4.707 ACRES, MORE OR
LESS, OUT OF LOTS 3 AND 6, SECTION 1, FLOUR BLUFF AND ENCINAL FARM AND GARDEN
TRACTS, LOCATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FOR 30 -
UNIT TOWNHOUSE PROJECT, SUBJECT TO CONDITIONS HEREINAFTER SET FORTH; 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 read and failed to pass,
in accordance with the applicable 20 per cent rule, by the following vote: Sizemore, Bradley
and McDaniel, present and voting "Aye", and Blackmon, Jimenez, Lozano and Roberts voting
"Nay".
ORDINANCE NO. 8690
AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI ADOPTED ON THE
27TH DAY OF AUGUST, 1937, APPEARING OF RECORD IN VOLUME 9, PAGES 565, ET SEQ,
OF THE ORDINANCE AND RESOLUTION RECORDS, AS AMENDED FROM TIME TO TIME, AND
PARTICULARLY AS AMENDED BY ORDINANCE NO. 6106, AS AMENDED !UP ON
APPLICATION OF THE "CORPU''S- CHRISTI OSTEOPATHIC HOSPITAL,
BY AMENDING THE ZONING ON LOTS 1 AND 2, COPP'S SUBDIVISION, AN ADDITION TO
THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "A-1" APARTMENT HOUSE
DISTRICT TO "AB" PROFESSIONAL OFFICE DISTRICT; KEEPING IN EFFECT ALL OTHER PRO-
VISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN
CONFLICT HEREWITH; AND DECLARING AN EMERGENCY.
Minutes
Regular Council Meeting
December 13, 1967
Page 5
The Charter rule was suspended and the foregoing ordinance was passed by the following
vote: Blackmon, Sizemore, Bradley, Jimenez, Lozano, McDaniel and Roberts present and voting
"Aye".
ORDINANCE NO. 8691
AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI ADOPTED ON THE
27TH DAY OF AUGUST, 1937, APPEARING OF RECORD IN VOLUME 9, PAGES 565, ET SEQ, OF
THE ORDINANCE AND RESOLUTION RECORDS, AS AMENDED FROM TIME TO TIME AND PAR-
TICULARLY AS AMENDED BY ORDINANCE NO. 6106, AS AMENDED, UPON APPLICATION OF
CORPUS CHRISTI THEATRES, INC., BY GRANTING A SPECIAL COUNCIL PERMIT FOR THE
OPERATION OF A TWO -SCREEN DRIVE-IN THEATRE ON AN AREA DESCRIBED AS A PORTION
OF LOTS 7 AND 8, SECTION 13, FLOUR BLUFF ENCINAL FARM & GARDEN TRACTS FRONTING
600 FEET ON PADRE ISLAND DRIVE AND EXTENDING THROUGH TO McARDLE ROAD, IN THE
CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, SUBJECT TO THE CONDITION HEREIN-
AFTER SET FORTH; 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: Blackmon, Sizemore, Bradley, Jimenez, Lozano, McDaniel and Roberts present and voting
"Aye".
ORDINANCE NO. 8692
AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF
CORPUS CHRISTI, TO MAKE APPLICATION TO THE TEXAS STATE LIBRARY ON THE FORMS
PRESCRIBED BY THEM FOR A FEDERAL GRANT PURSUANT TO TITLE II OF THE LIBRARY SERVICES
AND CONSTRUCTION ACT (P.L. 89-511), AND TO EXECUTE ALL FORMS AND AGREEMENTS
AS REQUIRED BY THE TEXAS STATE LIBRARY AND APPLICABLE TO THE PROPOSED CONSTRUCTION,
THIRD FLOOR, LA RETAMA PUBLIC LIBRARY; AND DECLARING AN EMERGENCY.
The Charter rule was suspended and the foregoing ordinance was passed by the following
vote: Blackmon, Sizemore, Bradley, Jimenez, Lozano, McDaniel and Roberts present and voting
"Aye" .
ORDINANCE NO. 8693
AMENDING SECTION 21-55 OF THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, BY
ADDING ITEM 36 SO AS TO PROHIBIT PARKING ON BOTH SIDES OF MESQUITE STREET,
BETWEEN LAWRENCE AND SCHATZEL STREETS; PROVIDING FOR PUBLICATION; AND
DECLARING AN EMERGENCY.
The Charter rule was suspended and the foregoing ordinance was passed by the following
vote: Blackmon, Bradley, Jimenez, Lozano, McDaniel and Roberts present and voting "Aye";
Sizemore abstaining.
Minutes
Regular Council Meeting
December 13, 1967
Page 6
FIRST READING OF AN ORDINANCE AMENDING THE CORPUS CHRISTI CITY CODE, 1958, AS
AMENDED, BY ADDING A NEW SECTION, TO BE NUMBERED SECTION 190, ENTITLED "EMERGENCY
AMBULANCE SERVICE"; DEFINING TERMS; MAKING IT UNLAWFUL TO OPERATE AN AMBULANCE
WITHOUT AN AMBULANCE OPERATOR'S PERMIT; PROVIDING FOR THE ISSUANCE OF AN AMBU-
LANCE OPERATOR'S PERMIT; MAKING IT UNLAWFUL TO OPERATE AN AMBULANCE ON THE
PUBLIC STREETS EXCEPT IN THE PRESENCE OF A PERSON HOLDING AN AMBULANCE ATTENDANT'S
PERMIT; PROVIDING FOR THE ISSUANCE OF AN AMBULANCE ATTENDANT'S PERMIT; PROVIDING
FOR THE SUSPENSION OR REVOCATION OF SAID PERMITS UNDER CERTAIN CONDITIONS;
PROVIDING FOR THE DISPATCHING OF AMBULANCES BY THE POLICE DISPATCHER UNDER CERTAIN
CONDITIONS; MAKING IT UNLAWFUL FOR AN AMBULANCE OPERATOR TO REFUSE ASSISTANCE
OR TRANSPORTATION AT THE SCENE OF AN EMERGENCY WITH CERTAIN EXCEPTIONS; PRO-
VIDING FOR THE MANAGEMENT AT THE SCENE OF AN EMERGENCY; ESTABLISHING MAXIMUM
FEES TO BE CHARGED FOR EMERGENCYAMBULANCE SERVICE; MAKING IT UNLAWFUL TO ACCEPT
AMBULANCE SERVICE WITHOUT PAYING A FEE THEREFOR'; PROVIDING FOR PAYMENT OF FEES
FOR CERTAIN PERSONS BY THE CITY OF CORPUS CHRISTI; PROVIDING FOR EXCEPTIONS TO THIS
ORDINANCE; PROVIDING FOR PENALTY; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR
PUBLICATION.
City Manager Whitney presented the ordinance, and stated that copies had been furnished to
officials of the Nueces County Medical Society and owners of local ambulance services, and that no
communications had been received, but that he had received suggested amendments prepared by Police
Legal Advisor Wey►and Pitcher; copies of which were fumished the Council.
Mr. William R. Anderson, attorney representing the Ross Longhorn Mortuary, spoke in
opposition to certain provisions of the ordinance, statingthat the State Statutes more than adequately
cover the field of ambulance regulations; stated that his client objected to the requirement that two
qualified attendants man each ambulance; objected to the alleged unfair financial burden placed
upon operators of emergency ambulance service; objected to the age requirement of ambulance
attendants; the designated powers of the inspection officer; the provision that the permit will be
issued for one year when the State provides for a two-year permit; and to the application forms,
stating the information asked for in the application is needless and immaterial. Mr. Anderson
further objected to provisions contained in Sections 10, 14, 20, 25 and 26 of the proposed ordinance.
Mr. Don Pucket, spoke on behalf of Clifford Jackson Funeral Home, and stated they were
concerned with the financial problem of collecting from indigent victims of emergency ambulance
service, stating that their books show a loss of approximately $800 in the lost 60 days which they
have no possible way of collecting since they are not set up for hiring collectors. He stated that
the provision in the ordinance that "non-payment be made an offense" will not alleviate this
problem. Mr. Pucket stated that he concurred in the statements made by Mr. Anderson, that the
requirement that two trained attendants accompany each ambulance is unnecessary, expensive, and
an added burden on ambulance operators.
Minutes
Regular Council Meeting
December 13, 1967
Page 7
Mr. Ronald Crow of the Clifford Jackson Funeral Horne in Annaville, appeared and stated
that he wanted to go on record as being in favor generally with the proposed ordinance; stated that
he and Carl Young had originated a petition asking that an ambulance district or zone be created in
the Western Area of the City to be dispatched from the City Police Departments. He further stated
that it is his belief that it is the intent of the ordinance to provide more efficient ambulance service.
Former Councilman Pat Dunne, spoke on behalf of Maxwell -Dunne Funeral Serviceand stated
there are a number of provisions contained in the proposed ordinance which should have further con-
sideration; that the City should avoid being too involved in private industry, and that he would like
to study the suggestions prepared by Mr. Pilcher.
Dr. W. R. Metzger, City -County Health Officer, spoke in support of the proposed ordinance,
and in rebuttal to statements made by Attorney William Anderson, stated that the State Law was
written in 1943, and in many respects, is antiquated; stated that he considered the provision requiring
two qualified attendants for each emergency ambulance to be a valid provision; would not subject the
attendant to a law suit; and that the inspector should be allowed to go on the premises to inspect
vehicles and equipment from the standpoint of safety and health. He further stated that he felt there
should be some way to relieve the ambulance operators of the burden of non-paying emergency victims
which should not be imposed on private businesses.
Dr. Roger S. Johnson, representing the Trauma Committee of the Nueces County Medical
Society, spoke and endorsed the proposed ordinance, stating that he feels citizens are entitled to a
safe trip to the hospital in a clean ambulance with qualified attendants. He further commented that
most ambulance services do a creditable job and that the service probably is little appreciated by
the citizenry.
Mr. Manuel Cantu, representative of the Gonzales Funeral .Home, commended the Council
for what it is trying to accomplish, but stated that he felt there were certain provisions in the
ordinance which should have further study.
Mayor Blackmon thanked those present for their comments, criticisms and suggestions, and
stated the Council has been awaiting these comments and suggestions from interested parties for
several weeks. He stated the Council is concerned as to the spread out nature of the City, and about
Minutes
Regular Council Meeting
December 13, 1967
Page 8
the non-payment problem, and further, that the proposed ordinance will require more study, and would
suggest that it be referred back to workshop.
City Attorney Singer was directed to make a report to the Council as to what extent the State
is regulating ambulance service.
Motion by Bradley, seconded by Sizemore and passed that the proposed ordinance regulating
ambulance service be tabled for further study,
Mr. R. F. Vann, 1417 Marguerite Street, appeared and stated that he had been negotiating
with City Attorney Singer the settlement of a. $400 bill the. City has submitted for clearing a lot he
owns in Laguna Acres, and offered his draft in the amount of $225 in settlement of this bill
Mayor Blackmon stated this matter would be referred to the Legal Department for disposition.
There being no further business to come before the Council,. the meeting was adjourned,