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MINUTES
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
March 27, 1968
2:00 P.M.
PRESENT:
Mayor Jock R. Blackmon
Mayor Pro Tem Ronnie Sizemore
Commissioners:
Dick Bradley, Jr.
Dr. P. Jimenez, Jr.
Gabe Lozano, Sr.
Ken McDaniel
W. J. Roberts
City Manager R. Marvin Townsend
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 Allen O. Gary, Pastor of Mt. Carmel Baptist
Church.
City Secretary T, Ray Kring called the roll of those in attendance.
Mayor Blackmon recognized the Student Council of Cunningham Junior High School, and
presented Certificates of Attendance to Albert Vasquez, Patti Gonzales, Josie Garcia, Leona
Bowles and Andy Arismendi. The students were accompanied by their Sponsor, Mrs. H. O.
Wyneken.
Mayor Blackmon read a proclamation designating April 21 - 27, 1968, as DISCOVER
AMERICA PLANNING TIME in the City of Corpus Christi, in response to Congressional resolution
and Presidential proclamation, for the purpose of encouraging Americans and citizens of other
lands to discover and enjoy the scenic, historic and recreational attractions of the United States,
and urged our travel -dependent industries and others to support this stimulating effort to the end
that Corpus Christi will reap economic benefits.
The Minutes of the Regular Meeting of March 20, 1968, were approved as submitted to the
Council.
Mayor Blackmon announced the appointments to Boards and Committees.
Motion by Jimenez, seconded by Sizemore and passed, that the appointment of Father
Robert E. Freeman, Irvin Brown, Mrs. Rodolfo Gonzales, Janos Salinas, Valentin. Canales, Mrs.
David Keever and Homer Johnson, an enlargement of the Citizens Committee for Community Im-
provement, be confirmed and approved.
Mayor Blackmon announced the opening of bids.
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Regular Council Meeting
March 27, 1968
Page 2
Bids were opened and read on an automotive vehicle for the use of the City Manager, from
the following firms: Gillespie Buick Company; Ed Hoffman Motors; Pagan -Lewis Motors, Inc., and
Manger Oldsmobile.
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 Blackmon announced the public hearing on the closing of a portion of Timon Boulevard
Tying east of Lots 59 through 62, Brooklyn Addition.
City Manager Townsend stated the request to abandon the area east of Block 60, had been
initiated in 1964 by Mr. W. B. Windle, owner of Koronado Courts in Block 60, on the basis that he
had maintained the strip of idle land for 27 years as a lawn for his motel, and that the City had
broadened the request to include areas east of Blocks 59, 61 and 62, and that the City Council, at
that time, had denied the request on the basis of the possibility of the City's future needs. Mr.
Townsend stated that since that time the railroad had deeded the right-of-way property to the City,
and that it has been definitely determined that the strip in question is not needed for public use.
He further stated that there are many areas on the Beach where there is too much street right-of-
way, and that this is one of them; that it has also been determined that there would be no traffic
problem as to turning lanes; that it is his recommendation that the strip of land be abandoned and
that the land revert to the abutting property owners. He stated that all affected City Departments
had been contacted and had concurred in this recommendation.
Mr. W. B. Windle spoke in support of his request and stated that he had continued to main-
tain this strip for a total of 30 years; that he has never seen any City plans for use of the land, and
sees no projected reason for its use, He further stated he proposes to use the land for some im-
provements to his motel which would be an advantage to the City and an asset to the neighborhood,
and that no harm would come to any property as a result of the closing.
Mr. Dave Coover, Mr. Jack Davis and Mr. John M. Seers, appeared and spoke in favor of
the proposed abandonment on the basis that it is not needed for City right-of-way, and that there
is a surplus of right-of-way on Corpus Christi Beach.
Mr. J. H. Cunningham, owner of property on the other side of Timon Boulevard, stated he
tel'
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Regular Council Meeting
March 27, 1968
Page 3
was not opposed to the request, but that he felt if the City abandons this land it should abandon all
areas on the Beach which are not needed or in use.
Mayor Blackmon advised Mr. Cunningham to initiate his request in writing according to the
usual procedure required by the City for street closings, so that it may be considered by the City
Council in the usual manner to determine if it is in the public interest.
No one else appeared to speak in connection with the foregoing request .
Motion by Bradley, seconded by Sizemore and passed, that the hearing be closed.
Motion by Bradley, seconded by Jimenez and passed, that the request be granted and that
the areas east of Lots 59 through 62, Brooklyn Addition be abandoned; that the property revert to
the abutting property owners, and that an ordinance be brought forward effectuating the closing
setting out a metes and boundsdescription of the property to be abandoned subject to corner radii
as determined by the Public Works Department.
Mayor Blackmon called for the City Manager's Reports.
Motion by Roberts, seconded by Lozano and passed, that the City Manager's Reports be
accepted and approved as follows:
a. That the authority to advertise for bids on One Vertical Non -Clog Pump for use in the
Sewer Department to be opened April 10, 1968, be granted;
b. That an application be filed with the Department of Housing and Urban Development for
a Code Enforcement Grant under Section 117 of the Housing Act of 1949, as amended, of two-
thirds of the cost of undertaking and carrying out a Code Enforcement Program which cost is
estimated to be $2,028,513, in areas designated as the Hillcrest and Molina areas;
c. That acceptance and final payment of Estimate No. 4, in the amount of $10,905.60,
representing the balance due Heldenfels Brothers for completion of construction of the Ocean Drive
Erosion Control Project, be approved;
d. That the Plans and Specifications for the proposed improvements at Cole Park and at
Moldy -Greenwood Park, consisting of construction of access roads, parking lots, placing of
topsoil and grading at Cole Park, and construction of a basketball court and sidewalks at Moody -
Greenwood, be approved, and that authority to advertise for bids to be received April 17, 1968,
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Regular Council Meeting
March 27, 1968
Page 4
be granted;
e. That the Burglar Alarm Report System, heretofore operated by Police participation, be
removed from this department, and that Policemen not be required to assist private operators of
burglar alarm businesses when such assistance is detrimental to the efficiency of the Police Depart-
ment;
f. That an appropriation in the amount of $2,800 for the acquisition of Parcel No. 4, for
right-of-way for the South Staples -Baldwin Intersection, from the owners, Mr. Ray Hostutler and
wife, be approved;
g. That the request of Coastal States Gas Producing Company for the establishment of
Drilling Block No. 1616, consisting of Lot 11 and 12, Section 39, Flour Bluff and Encinal Farm
and Garden Tracts, be granted;
h. That the authority to employ a Human Relations Administrator with, clerical assistance,
be granted, and that the duties of this employee be assigned by the City Manager;
1. That an agreement for the settlement in the amount of $14,500 for all claims for
personal injuries arising out of an accident occurring on or about February 16, 1967, Old Cliff
Maus Air Strip, involving Luis Colunga, Jimmy Montoya, and the Estate of Victor Gonzalez, Jr.,
be authorized;
1. That the firm of M. E. Allison & Company, Inc., of San Antonio, Texas, be employed
as consultants in connection with the proposed May 1968 Bond Sale.
Mayor Blackmon discussed briefly the events and discussions following the first reading of
the "Ambulance Ordinance" and reviewed basically the proposed amendments as recommended by
the Staff as a result of these discussions, and stated that the ambulance operators had been fumished
copies of most of these proposed amendments.
City Manager Townsend stated there remained two areas of disagreement between the Staff
and the ambulance operators, (1) the need for the ordinance, and (2) the paragraph making it a
misdemeanor for failure to comply with the terms of the ordinance.
Mr. Charles Porter, attorney representing the Ross-Langham Mortuary, stated his client is
still opposed to the total concept of the ordinance, but resigned to the fact that the ordinance will
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Regular Council Meeting
March 27, 1968
Page 5
be passed over the objections of the ambulance operators. He stated that his client's objections had
been filed in writing in a letter directed to City Manager Townsend, dated March 14, 1968, which
outlined in detail the points of opposition and reasons for same.
Mayor Blackmon stated that the Council is aware of some unresolved problems, and that all
of them cannot be resolved, but that the Council is sincere in its belief that the City has a definite
need for better ambulance service.
Motion by Roberts, seconded by Sizemore and passed, that the Ordinance, commonly re-
ferred to as the "Ambulance Ordinance," proposing to add a new Section to the City Code of the
City of Corpus Christi, to be designated as Section 19D, be and the same be changed as follows:
Section 19D-3, subparagraph (g): Change permit fee from $50.00
to $1.00, and permit fee for renewal of Ambulance Operator Permit from
$25.00 to $1.00.
Section 19D-4, subparagraph (a): Add the words"in accordance with
regulations promulgated by the Permit Officer"; change the semicolon to
comma, and add the foregoing words.
Section 19D-4, subparagraph (b): Eliminate the present subparagraph
(b). Renumber subparagraph (c) to hereafter be numbered (b). Renumber present
subparagraph (d) to hereafter be numbered (c), and reading as follows:
"(c) That each ambulance is equipped with such lights, sirens,
and special markings to designate it as an ambulance as may be required
by State Law. Each ambulance, while in emergency service, shall be
identifiable from the outside at a distance of at least 50 feet, indicating
at least the name of the ambulance operator permit holder;"
Section 19D-4, subparagraph (e):Eliminate the present sub-
paragraph (e). Renumber subparagraph (f) as (d), reading as follows:
"(d) That each emergency ambulance contains necessary emergency
equipment in proper condition and ready for use as shall be established
by regulations of the Permit Officer."
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Regular Council Meeting
March 27, 1968
Page 6
Section 19D-7, change period from three years to two years.
Section 19D-8, to hereafter read as follows:
"Section 19D-8. It shall be unlawful to operate or drive, or
cause to be operated or dtivan, upon the public streets, alleys, and ways
of the City of Corpus Christi, an ambulance while furnishing emergency
service, unless two persons, at least one of whom is the holder of an
Ambulance Attendant's Permit, are accompanying said ambulance; provided,
however, if an ambulance, manned by only one Ambulance Attendant's Permit
holder, is making an emergency run with a patient, the Ambulance Attendant
Permit holder shall not be driving said ambulance."
Section 19D-9, subparagraph (d), to hereafter read as follows:
'"(d) Whether he has previously been licensed as an ambulance
driver or attendant, and if so, when and where, and whether said license
has ever been revoked or suspended in any jurisdiction for any cause."
Section 19D-9, subparagraph (f), change "three" to "two" for
number of recent photographs of the applicant.
Subparagraph (g), Section 19D-9, to be eliminated, and subpara-
graph (h) to be renumbered (g), reading as follows:
"(g) An accompanying permit fee of $1.00."
Section 19D -I0, to hereafter read as follows:
"Section 19D-10. The Permit Officer shall not issue an Ambulance
Attendant's Permit to any person unless he presents a currently valid
certificate evidencing successful completion of the Advanced Course in
First Aid established by the American Red Cross and has made a passing
grade on a First Aid examination based on the American Red Cross advanced
course in First Aid and additional material as determined by and super-
vised by a committee composed of the Executive Director of the Nueces
County Chapter of the American Red Cross, the Permit Officer, the Chairman
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Regular Council Meeting
March 27, 1968
Page 7
of the Trauma Committee of the Nueces County Medical Society and two
ambulance operator permitees appointed by the City Council. This test
shall be administered by the Permit Officer."
Section 19D-11, subparagraph (c), change requirement from 19
years of age to 18 years of age.
Section 19D-11, subparagraph (d), eliminate the necessity to
be able to write English.
Section 19D-15, second sentence to hereafter read as follows:
"It shall be unlawful for any holder of an Ambulance Attendant's Permit
to allow any other person to use his permit."
Section 19D-16, to hereafter read as follows:
"Section 19D-16. Any change in the information required in
an application for an Ambulance Attendant's Permit, or a renewal thereof,
shall be reported to the Permit Officer within fifteen days after the
change occurs."
Adding new section, to be numbered Section 19D-16.1, reading
as follows:
"Section 19D-16.1. The Permit Officer shall have the authority
to issue regulations to effectuate the provisions of this ordinance. Said
regulations shall be issued in writing by the Permit Officer and delivered
in person, or by registered mail with return receipt requested, at least
15 days prior to the effective date of said regulation. Any permit holder
affected by such regulation shall have a right to appeal any such regula-
tion in the same manner as provided in Section 19D-17 goveming appeals
from suspensions and revocation of permits."
Section 19D-17, the first sentence to hereafter read as follows:
"The Permit Officer is authorized to suspend, for any period
of time not to exceed thirty days, or revoke any permit authorized
by this ordinance if the holder of said permit violates any State Law,
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Regular Council Meeting
March 27, 1968
Page 8
any ordinance of the City, or any regulation authorized by this ordinance
and issued by the Permit Officer."
Section 19D-25, the first sentence to hereafter read as follows:
"It shall be unlawful for any Ambulance Operator, his agents,
or employees, after arrival at the scene, to fail or refuse to render
aid and assistance to a patient at the location of an emergency when
cleared by the Police Dispatcher."
Change the word "refused" to "refuses" concerning provision
that there shall be no violation of this section if the sick, injured or
incapacitated person affirmatively refuses aid.
Section 19D-26, to hereafter read as follows:
"Section 19D-26. The senior City police officer present at the
scene of any accident, disaster, or occurrence which results in sickness,
injury or incapacitation of a person shall have authority to manage the
scene. As to the handling and care of the injured, managing the scene
shall be limited to the establishment of priority of assisting the injured."
THE SECOND READING OF AN ORDINANCE AMENDING THE CORPUS CHRISTI CITY CODE,
1958, AS AMENDED, BY ADDING A NEW SECTION TO BE NUMBERED SECTION 19D,
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 AMBULANCE 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; PROVIDING FOR
THE CREATION OF EMERGENCY AMBULANCE ZONES 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; MAKING IT UNLAWFUL
TO ACCEPT AMBULANCE SERVICE WITHOUT PAYING A FEE THEREFOR; PROVIDING FOR
EXCEPTIONS TO THIS ORDINANCE; PROVIDING FOR PENALTY; PROVIDING A SAVINGS
CLAUSE; PROVIDING FOR PUBLICATION.
The foregoing ordinance was read for the second time and passed to its third reading as
amended by the following vote: Blackmon, Sizemore, Bradley, Jimenez, Lozano, McDaniel, and
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Regular Council Meeting
March 27, 1968
Page 9
Roberts present and voting "Aye."
THE SECOND READING OF AN ORDINANCE AMENDING ORDINANCE NO. 8294, AS
AMENDED, GENERALLY REFERRED TO AS "THE BAY DRILLING ORDNANCE", BY AMENDING
SUBSECTION 21.9 PERTAINING TO ABANDONMENT; AMENDING SECTION 24.1 SO AS TO
AUTHORIZE EXECUTION OF RELEASES BY THE CITY PETROLEUM SUPERINTENDENT OR
DIRECTOR OF PUBLIC WORKS AS WELL AS BY THE CITY MANAGER IN CASES OF ABANDON-
MENT OF OIL WELLS; AMENDING SECTION 20.2 BY ADDING THERETO A PROVISION
CLARIFYING THE MATTER OF REFUND FOR AN ISSUED PERMIT; ADDING A NEW SECTION TO
BE NUMBERED SECTION 21.12, TO PROVIDE FOR A PERMITTEE TO TRANSFER A PERMIT FROM
ONE LOCATION TO ANOTHER WITHIN THE BAY AREA UNDER CERTAIN CONDITIONS;
AMENDING SECTION 21.8 BY ADDING THE WORDS "OR SUPERINTENDENT" FOLLOWING
THE WORDS "CITY MANAGER"; AMENDING SECTION 21.10 BY DELETING THE WORDS
"THROUGH THE CITY MANAGER" IN THE THIRD SENTENCE OF SAID SECTION; PROV,DING A
SEVERANCE 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. 8813
RECEIVING AND ACCEPTING CONSTRUCTION OF THE OCEAN DRIVE EROSION CONTROL,
PROJECT NO. 220-67-97, AS PERFORMED BY THE CONTRACTOR, HELDENFELS BROTHERS,
UNDER THEIR CONTRACT DATED SEPTEMBER 21, 1967, AUTHORIZED BY ORDINANCE NO.
8602; AUTHORIZING PAYMENT OF FINAL ESTIMATE NO. 4, DATED MARCH 21, 1968, IN
THE AMOUNT OF $10,905.60, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART
HEREOF, SAID PAYMENT TO BE MADE FROM 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. 8814
AMENDING THE MAP OF THE CITY DESIGNATED AS "CORPUS CHRISTI DRILLING BLOCKS,
MAY 31, 1956", BY ADDING THERETO DRILLING BLOCK 1616 AS HEREINAFTER MORE FULLY
DESCRIBED; PROVIDING FOR PUBLICATION; PROVIDING A SAVINGS CLAUSE; AND DE-
CLARING 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."
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Regular Council Meeting
March 27, 1968
Page 10
ORDINANCE NO. 8815
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 MAX F. DULLNIG, JR„ BY AMENDING THE ZONING MAP BY CHANGING THE ZONING
ON LOT 13, BLOCK 1, LAKEVIEW ACRES, AN ADDITION TO THE CITY OF CORPUS CHRISTI,
NUECES COUNTY, TEXAS, FROM "R -1B" ONE FAMILY DWELLING DISTRICT TO "B -I" NEIGH-
BORHOOD BUSINESS DISTRICT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXIST-
ING 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. 8816
APPROPRIATING THE SUM OF $2,800.00 OUT OF NO. 220 STREET BOND FUNDS, SAID FUNDS
HEREBY APPROPRIATED BEING FOR THE ACQUISITION OF ONE PARCEL OF LAND, BEING
PARCEL NO. 4 FOR RIGHT OF WAY FOR SOUTH STAPLES-BALDWIN INTERSECTION; AUTHOR-
ING AND DIRECTING THE CITY MANAGER TO EXECUTE REAL ESTATE SALES CONTRACT,
FOR AND ON BEHALF QF THE CITY OF CORPUS CHRISTI, FOR THE ACQUISITION OF SAID
PARCEL OR TRACT OF LAND, WHEN AND ONLY WHEN THE PURCHASE PRICE I5 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
vote: Blackmon, Sizemore,Bradley, Jimenez, Lozano, McDaniel, and Roberts, present and
voting "Aye."
ORDINANCE NO. 8817
AUTHORIZING AND DIRECTING THE CITY MANAGER TO ENTER INTO AN AGREEMENT OF
SETTLEMENT FOR ALL CLAIMS FOR PROPERTY DAMAGE AND PERSONAL INJURIES ARISING
OUT OF AN ACCIDENT WHICH OCCURRED ON OR ABOUT FEBRUARY 16, 1967, IN THE 1100
BLOCK QF AIRPORT ROAD, INVOLVING LUIS COLUNGA, JIMMY MONTOYA AND THE
ESTATE OF VICTOR GONZALEZ, JR„ AND TO AUTHORIZE THE EXECUTION OF ANY AND
ALL INSTRUMENTS TO EFFECT SAID SETTLEMENT; APPROPRIATING AND REAPPROPRIATING
OUT OF ACTIVITY NO. 4914, CODE 404, THE SUM OF $14,500,00 TQ EFFECT THE SETTLE-
MENT HEREINABOVE $ET FORTH; 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."
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Regular Council Meeting
March 27, 1968
Page 11
RESOLUTION NO. 8818
AUTHORIZING AN APPLICATION BE FILED WITH THE DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT FOR A CODE ENFORCEMENT GRANT UNDER SECTION 117 OF THE
HOUSING ACT OF 1949, OF TWO-THIRDS OF THE COST OF UNDERTAKING AND CARRYING
OUT A CODE ENFORCEMENT PROGRAM, WHICH COST IS ESTIMATED TO BE $2,028,513;
AREAS TO BE DESIGNATED IN THE APPLICATION; DECLARING AN EMERGENCY,
The Charter rule was suspended and the foregoing resolution was passed by the following
vote: Blackmon, Sizemore, Bradley, Jimenez, Lozano, McDaniel, and Roberts, present and
voting "Aye."
ORDINANCE NO. 8819
AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE, FOR AND ON BEHALF
OF THE CITY OF CORPUS CHRISTI, AN ACCEPTANCE OF THE PROPOSAL OF RALPH H. BURKE,
INC., ENGINEERS AND ARCHITECTS, FOR AIRPORT CONSULTATION SERVICES PERTAINING
TO THE CORPUS CHRISTI INTERNATIONAL AIRPORT, A COPY OF WHICH PROPOSAL AND
ACCEPTANCE IS ATTACHED HERETO AND MADE A PART HEREOF; APPROPRIATING THE SUM
OF $21,900 OUT OF THE AIRPORT RESERVE NO. 5499, OF WHICH $13,850 IS REAPPROPRIATED;
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. 8820
AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE SPECIAL WARRANTY DEED
AS PERFORMANCE OF THE AGREEMENT OF THE CITY OF CORPUS CHRISTI TO EXCHANGE DEEDS
WITH NEIGHBORHOOD CENTERS BOARD, WHEREBY THE CITY WILL EXCHANGE LOTS 18 AND
19, BLOCK 5, EL REY ADDITION, FOR LOTS 2 AND 3, BLOCK 5, EL REY ADDITION, OWNED
BY NEIGHBORHOOD CENTERS BOARD; 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."
Mayor Blackmon called for petitions or information from the audience on matters not
scheduled on the agenda.
Mr. J. H. Cunningham, resident of Corpus Christi Beach, appeared and complained of
an accumulation of debris and pilings on and near his property, and inquired if the City could do
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Regular Council Meeting
March 27, 1968
Page 12
something about it, and stated that he is willing to help pay the cost of moving the pilings. He
stated he had discussed this with the Park & Recreation Superintendent and had been advised that
nothing could be done for the reason it is on private property.
City Manager Townsend advised Mr. Cunningham that the City will investigate with the
view of clearing the debris, but expressed doubt if the pilings could be included.
Commissioner McDaniel pointed out the existence of pilings on the Ben Vaughn property
on Ocean Drive, and explained that the City had not assumed the responsibility of removing them.
A brief recess was announced in order that the Zoning and Planning Staff may prepare the
Council Chamber for the scheduled zoning hearings, at which time Mayor Blackmon departed the
meeting.
Following the recess Mayor Pro Tem Sizemore reconvened the meeting in the absence of
Mayor Blackmon, and announced the Council would now hold the public hearings on three zoning
cases, and explained the procedure to be followed.
Mayor Pro Tem Sizemore announced the public hearing on Application #268-6, The
Congregation ofJehovah'sWitnesses, for change of zoning from "R-2" Two-family Dwelling
District to "AB" Professional Office District, on Lots 19 & 20, Block 9, Bayview No. 3.
Larry Wenger, Senior City Planner, presented the application; located the property on
the map and pointed out the zoning and land use of the surrounding territory; stated that at the
Commission hearing held February 20, 1968, Mr. Gerald Brock had represented the applicant and
stated that the Church had a contract with the Hoisting & Portable Engineers Union to purchase
the property for an office building if the zoning is granted, and that all of the membership had
moved from the subject area and it is the plan to relocate the church elsewhere. Mr. Wenger
stated that 24 people had appeared at the Commission hearing and indicated by the show of hands
their approval of this request. He stated that Mr. H. McCool, local representive of the Union,
had appeared and emphasized that there would be no loitering on the premises nor gatherings of
members outside the building; stated that the Union had pledged to accept full responsibility of
any of the members, and would improve and maintainzttre property in such a manner that it
would not deteriorate nor decrease property values in the area. Mr. Wenger stated no one had
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Regular Council Meeting
March 27, 1968
Page 13
appeared at the hearing in opposition; that the Staff reported 26 notices were mailed, five
received in favor and none in opposition; that it was the recommendation of the Zoning and Plan-
ning Commission that the application be approved as requested, and that the Staff had recommended
that it be denied on the basis that it would create "spot zoning" and would not be in keeping with
the character of the neighborhood.
Mr. Gerald Brock appeared on behalf of the application and stated that applicants would
be satisfied with a Special Council Permit for Specified use of the property instead of the requested
zoning change.
Mr. Vernon 1. Lay, Jr., attorney, appeared and stated they have a contract for the sale
of the subject property subject to the Council's approval of the requested zoning change, and
urged the Council's approval as recommended by the Zoning and Planning Commission.
No one appeared in favor or in opposition to the foregoing application.
Motion by Bradley, seconded by Roberts and passed, that the hearing be closed.
Motion by Bradley, seconded by Roberts and passed, that the recommendation of the
Zoning and Planning Commission be concurred in and that Application #268-6, The Congregation
of Jehovah's Witnesses, for change of zoning from "R-2" Two-family Dwelling District to "AB"
Professional Office District, on Lots 19 and 20, Block 9, Bayview No. 3, be approved as re-
quested, and that an ordinance be brought forward effectuating the change.
Mayor Pro Tem Sizemore announced the public hearing on Application #268-7, Mrs. Doris
Grossman, for change of zoning from "R-2" Two-family Dwelling District to "B-1" Neighborhood
Business District, on Lots 27 thru 32, Block 1102, Bay Terrace No. 2.
Larry Wenger located the property on the map; pointed out the zoning and land use of the
surrounding territory; stated that at the Commission hearing held February 20, 1968, Mr. S.
Mendell of Katz Realty Company, had represented the applicant, and explained the purpose of
the request for a drive-in grocery contingent on the zoning change. He stated that Dr. W. R.
Hubler, a property owner in the area had appeared and indicated he was not necessarily opposed
to the request, but sought information as to why the applicant did not elect to locate this type of
operation on Brownlee nearer the Thomas Spann Hospital which is already zoned for this type
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Regular Council Meeting
March 27, 1968
Page 14
development. Mr. Wenger stated that Mr. Everett Powell, owner of Lots 59 & 60, Block 1101,
Bay Terrace No. 2, asked what assurance would there be that this proposed operation would be
developed, and was informed that there are other uses permitted in the "8-1" District. He
stated the Staff reported 35 notices were mailed, four received in favor and one in opposition;
that it was the recommendation of the Zoning and Planning Commission that the request be
approved, and that the Staff recommended denial on the basis that it would create "spot zoning"
and would not be in keeping with the character of the neighborhood.
Mr. Dave Coover, attorney, appeared on behalf of the applicant, and asked for clarifi-
cation of the terms "spot zoning" and "strip zoning". He described the need in this area for a
grocery market of this kind; described the modest type of residences in this area which is conducive
to a convenience of this kind; and pointed out other comparable business in the surrounding areas.
He further pointed out that the development would serve the hundreds of residents on this side of
Brownlee Boulevard permiting pedestrian shoppers, especially children, to use the convenience
without having to cross Brownlee Boulevard, He stated adequate parking space would be available
on the premises.
City Manager Townsend defined the terms "spot zoning" and "strip zoning" stating that
the former is when a series of uses is transitional so as to buffer each other, and that "strip zoning"
is probably an abused term but is generally applied to a heavy major street with long lines of
uninterrupted businesses.
No one appeared in opposition to the foregoing application.
Motion by McDaniel, seconded by Roberts and passed that the hearing be closed.
Motion by Bradley, seconded by McDaniel and passed that the recommendation of the
Zoning and Planning Commission be concurred in and that Application #268-7 Mrs. Doris Grossman,
for change of zoning from "R-2" Two-family Dwelling District to "B -I" Neighborhood Business
District, on Lots 27 thru 32, Block 1102, Bay Terrace No. 2, be approved as requested, and that
an ordinance be brought forward effectuating the change after an agreement is received in writing
that a fence will be constructed according to City Standards to serve as a buffer to adjoining
properties.
Minutes
Regular Council Meeting
March 27, 1968
Page 15
Mayor Pro Tem Sizemore announced the public hearing on Application #268-8, Mr.
Lawrence W. Young, for change of zoning from "R -1B" One -family Dwelling District to "AB"
Professional Office District, on Lot 4-A, Rolling Acres No. 1.
Larry Wenger presented the application; described the zoning and land use of the surround-
ing areas; stated that at the Commission hearing held February 20, 1968, Mrs. Lawrence W.
Young appeared and stated she planned to open a pre-school day nursery and stated that she had
sufficient ground area to meet all State requirements for such an operation, and that Mrs. Mary
Moon of the Regional Child Welfare Office had appeared and stated that the proposal of Mrs.
Lawrence met requirements of the State Law for such an operation. Mr. Wenger stated Mr. Bob
Berryman had appeared in opposition to the request, and had pointed out that possibly the deed
restrictions would eliminate such a use; stated that the Staff reported seven notices were mailed,
four received in favor and none in opposition; that it was the recommendation of the Zoning and
Planning Commission that the request be denied, but in lieu thereof a Special Permit be granted
for a day nursery school operation, and that the Staff recommended denial on the basis that it
would create "Spot Zoning" and would not be in keeping with the character of the neighborhood.
Commissioner McDaniel stated he felt the Council should be concerned with deed
restrictions in cases of this kind.
Motion by McDaniel, seconded by Roberts and passed, that the hearing be recessed
pending further information relative to the deed restrictions, and that the Staff ask the applicant
to provide a copy of the deed restrictions on the subject property.
There being no further business to come before the Council, the meeting was adjourned.
I, JACK R. BLACKMON, Mayor of the City of Corpus Christi, Texas, dertify
that the foregoing minutes, same being for the period of March 5, 1968, through
March 27, 1968, inclusive, and having been previously approved by Council action,
are by me hereby approved.
JAR R. BLAGKMON, Mayor
y of Corpus Christi, Texas