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HomeMy WebLinkAboutMinutes City Council - 04/10/196874. • MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING Apri 110, 1968 2:00 P.M. PRESENT: 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 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 B, J. Cheatham, Minister, Norton Street Church of Christ. City Secretary T. Ray Kring called the roll of those in attendance. The Minutes of the Regular Council Meeting of April 3, 196$, were approved as submitted to the Council. Mayor Blackmon recognized members of the Student Council of the Clarkwood Independent School District and read and presented Certificates of Attendance to Velma Hinojosa, Dorothy Pineda, Eddie Gomez, Allan Blair, Danny Kilgore and San Juana Vitksreai, accompanied by their Sponsor, Jessie DeLeon. Mayor Blackmon proclaimed the week of April 14 - 20, 1968, as BARBERSHOP HARMONY WEEK in the City of Corpus Christi, and extended best wishes to the Corpus Christi Chapter of the S.P. E. B. S,Q. S.A. far the continued success in promoting barbershop quartet singing in our com- munity. The proclamation was received by Mr. Don Gormley, President; Mr. Dale Jackson, Vice - President, and Mr. Edwards, Director in charge of Publications. Mayor Blackmon announced the opening of bids and briefly relinquished the Chair to Mayor Pro Tem Sizemore. Bids were opened and read on Sanitary Sewer Improvements on South Padre island Drive, Tolosa Circle, and Greenwood Drive from the following firms: Mansheim Company; Burtex Con- structors; Heldenfels Brothers; and T. H. Lee. The foregoing bids were tabled for 48 hours as required by the City Chaster and referred to the City Manager for tabulation and recommendation. One bid was opened and read on One Vertical Non -Clog Pump for the Sewer Division, Minutes Regular Council Meeting April 10, 1968 Page 2 from the following firm: Longhammer, Fincke Hall, Inc. The foregoing bid was tabled for 48 hours as required by the City Charter and referred to the City Manager for tabulation and recommendation. Mayor Blackmon resumed the Chair and called for the City Manager's Reports. Motion by Lozano, seconded by Sizemore and passed, that the City Manager's Reports be accepted, and that the recommendations and requests be granted and approved as follows: a. That the bid award on the Police Building Office Furniture be made to the following firms on the basis of low bids meeting specifications as follows for a total sum of $8,173.02: (Bid Tabulation 014-68) LLOYD W. HOLMES COMPANY, Lot I - 8 Items, File Trays & Cabinets $4,087.67 BROWNING BROTHERS, Lot II - 6 Items, Desks, Tables Chairs $2,426.60 GRIGGS EQUIPMENT, INC., Lot III -4 Items, Desks, Tables & Chairs $1,658.75 b. That the authority to advertise for bids on 22 budgeted radios to be opened April 24, 1968, be granted; c. That the Application of Texas Oil and Gas Corporation to drill two wells, described as State Tract No. 723, Well #1, and State Tract No. 846, Well #I, being regular locations with no exceptions requested, be approved as submitted subject to the Bay Drilling Ordinance; d. That the employment of Mr. Hobby H. McCall of the firm of McCall, Parkhurst and Horton, to serve as bond attorney in connection with the proposed sale of bonds, be approved; e. That the offer of Mr. Sheridan C. Lewis, President of the Boys' Club of Corpus Christi, be accepted to purchase Unit No. 401, a 1953 GMC Model TDH - 3612 - 36 passenger coach for the sum of $2,473.00 including the residual value of the rental tires valued at $173.00; f. That the 1941 Model American La France Pumper (Fire Truck) be donated to Texas A & M College, Engineering Extension Service, to be used in their fire training program, with the understanding that the apparatus not be sold; g. That an assignment of Gulf Coast Aviation's lease to Bledsoe Aviation, be approved in Minutes Regular Council Meeting April 10, 1968 Page 3 principle, with details to be worked out at a later date; h. That the statement of understanding between the Corpus Christi Independent School District, Nueces County and the City, heretofore adopted by the representatives of said bodies,con- ceming the concept of a common Civic Center to house the major administrative units of governments, be approved, and that Mayor Blackmon and Councilman Dick Bradley, be appointed to represent the City on the committee for preliminary work on this project; I. That Section 301 .2 of the Southern Standard Housing Code, 1965 Edition, be amended so as to eliminate the reference to "Certificate of Occupancy"; that Section 306 be amended by deleting Subsections 306.1, 306.2, 306.3, 306.4 and 306.5; and that Section 401.4 be amended so as to state the minimum standards for space for rooming houses; j. That the Engineering Firm of Reagan and McCaughan be employed for services in con- nection with the preparation of Plans and Specifications for the rehabilitation of the Wet Well at the Westside Sewage Treatment Plant, and that an appropriation in the amount of $4,700 for engineering services and contingencies be approved; k. That an ordinance to be placed on three readings regulating parking at places other than public streets, be authorized; I. That the resolution adopted by the Marina Board requesting the authorization of the City Council to proceed with planning of a $1,142,000 Project for the improvement of the Corpus Christi Marina, and request for participation of the Army Corps of Engineers, be approved; that the U. S. Corps of Engineers be advised of this action, and that the Staff be directed to request participation by the Navigation District. City Manager Townsend presented the following amendments and recommended that they be included before the third and final reading of the ordinance referred to as the "Ambulance Ordinance": "1. Section 190-4, sub -paragraph D will read as follows: That each emergency ambulance contains necessary emergency equipment in proper con-. dition and ready for use in compliance with regulations issued by the Permit Officer according to the procedure set forth in Section 19D-16.1, Minutes Regular Council Meeting April 10, 1968 Page 4 2. Section 19D-16.1, will read as follows: The Permit Officer shall have the authority to issue written regulations to effectuate the provisions of this ordinance. Such regulations shall become effective after the following actions have taken place: a. The proposed regulation shall be submitted to the committee established in Section 19D-10 for review and approval, b. If the committee approves the proposed regulation, copies of the regulation shall be delivered in person or by registered mail to each Permit Holder at least 15 days prior to the stated effective date of the regulation. c. If the committee fails to approve the proposed regulation within 21 days of the date the committee receives the proposed regulation, the proposed regulation shall be submitted to the City Council through the City Manager unless the Permit Officer withdraws the proposed regulation. Any permit holder affected by such regulation shall have a right to appeal any such regulation in the same manner as provided in Section 19D-17 governing appeals from suspensions and revo- cations of permits. 3. Section 19D-17, so that the first sentence of said paragraph shall read as follows: The Permit Officer is authorized to suspend, for any period of time not to exceed thrity days, or revoke any permit authorized by this ordinance if the holder of said permit violates any State law, City ordinance, or regulation authorized by this ordinance, when such law, ordinance, or regulation is in any way related to the functions or purposes of this ordinance. 4. Section 19D-25, so that the second sentence will read as follows: It shall be unlawful for any emergency ambulance operator, his agents or employees, to refuse to carry or transport a patient within the city limits at the scene of an emergency after having been dispatched thereto or cleared thereto by the Police Dispatcher; provided, however, there shall be no violation of this section if the sick, injured or incapacitated person or a relative at the scene affirmatively re- Minutes Regular Council Meeting April 10, 1968 Page 5 fuses to receive any aid or assistance or refuses to be transported to a place of treatment; pro- vided further, this section shall not apply when circumstances indicate beyond any reasonable doubt that the person desiring transportation is not in the need of immediate first aid or medical treatment." Mr. William Anderson, attorney speaking for Ross Langham Mortuary, and Patrick J. Dunne, owner of Maxwell P. Dunne Funeral Service, Inc., appeared and voiced objections to the general concept of the ordinance for reasons previously stated. Motion by Roberts, seconded by Bradley and passed, that the foregoing amendments be approved, and that the Ambulance Ordinance be amended before its third and final reading to include the foregoing amendments as recommended by City Manager Townsend. ORDINANCE NO. 8829 THE THIRD 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 TRANS- PORTATION AT THE SCENE OF AN EMERGENCY WITH CERTAIN EXCEPTIONS; PROVIDING 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; PRO- VIDING FOR PUBLICATION. The foregoing ordinance was read for the third time and passed finally as amended, by the following vote: Blackmon, Bradley, Jimenez, Lozano, and McDaniel, present and voting "Aye," Sizemore and Roberts voting "Nay." THE FIRST READING OF AN ORDINANCE REGULATING PARKING AT PLACES OTHER THAN PUBLIC STREETS; REGULATING ACTIONS ON PARKING LOTS; PROVIDING A DEFENSE TO CHARGES OF ILLEGAL PARKING; PROVIDING FOR SEVERABILITY; PROVIDING A PENALTY; PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the first time and passed to its second reading by the • Minutes Regular Council Meeting April 10, 1968 Page 6 following vote: Blackmon, Sizemore, Bradley, Jimenez, Lozano, McDaniel, and Roberts present and voting "Aye." ORDINANCE NO. 8830 AMENDING ORDINANCE NO. 8463, PASSED AND APPROVED BY THE CITY COUNCIL ON MAY 24, 1967, BY AMENDING THE SOUTHERN STANDARD HOUSING CODE, 1965 EDITION, ADOPTED IN SAID ORDINANCE NO. 8463, BY AMENDING SECTION 301.2 OF SAID HOUSING CODE SO AS TO ELIMINATE THE REFERENCE TO CERTIFICATE OF OCCUPANCY; AMENDING SECTION 306 BY DELETING SUBSECTIONS 306.1, 306.2, 306.3, 306.4 AND 306.5; AMENDING SECTION 401.4 SO AS TO STATE THE MINIMUM STANDARDS FOR SPACE FOR ROOMING HOUSES; 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. 8831 AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A CONTRACT WITH SMITH AND RUSSO, A FIRM COMPOSED OF VERNON SMITH AND JOHN B. RUSSO, FOR ENGINEERING SERVICES IN CONNECTION WITH THE DESIGN OF PLANS AND SPECIFI- CATIONS FOR THE PROPOSED DEVELOPMENT OF WEST GUTH PARK, PROJECT NO. 290-64-1; APPROPRIATING OUT OF NO. 291 PARK BOND FUND THE SUM OF $8,600, OF WHICH AMOUNT $8,400 IS FOR THE ENGINEERING SERVICES AND $200 IS FOR INCIDENTAL EXPENSES; 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." RESOLUTION NO. 8832 A RESOLUTION DEPLORING THE ASSASSINATION OF REVEREND MARTIN LUTHER KING AND EXPRESSING THE SENTIMENTS OF THE CITY COUNCIL REGARDING SAME. 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." Minutes Regular Council Meeting April 10, 1968 Page 7 RESOLUTION NO. 8833 A RESOLUTION EXPRESSING THE GRATITUDE OF THE CITY COUNCIL RE THE DEDICATION OF PADRE ISLAND NATIONAL SEASHORE PARK AND PRAISING MRS. LYNDON B. JOHNSON FOR HER; EFFORTS.ON BEHALF OF BEAUTIFICATION. 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. 8834 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO ACCEPT AN ENGINEERING PROPOSAL FROM REAGAN AND McCAUGHAN FOR SERVICES IN CONNECTION WITH THE PREPARATION OF PLANS AND SPECIFICATIONS FOR THE REHABILITATION OF THE WET WELL AT THE WESTSIDE SEWAGE TREATMENT PLANT, PROJECT NO. 250-64-55; APPROPRIATING OUT OF NO. 250 SANITARY SEWER BOND FUND THE SUM OF $4,700 OF WHICH AMOUNT $4,300 IS FOR ENGINEERING SERVICES AND $400 IS FOR CONTINGENCIES AND INCIDENTAL EXPENSES; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Sizemore, Bradley, Jimenez, Lozano, McDaniel, and Roberts present and voting "Aye." ORDINANCE NO. 8835 AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI, ADOPTED ON THE 27TH DAY OF AUGUST, 1937, APPEARING OF RECORD IN VOLUME 9, PAGES 565, ET SEQ, OF THE ORDINANCE AND RESOLUTION RECORDS, AS AMENDED FROM TIME TO TIME AND PARTICULARLY AS AMENDED BY ORDINANCE NO. 6106, AS AMENDED, UPON APPLICATION OF FLOYD A REEVES AND LURA V. TURNER, AND MRS. ETTA NESBITT, FOR CHANGE OF ZONING FROM "R -1B" ONE FAMILY DWELLING DISTRICT TO "A-2" APART- MENT HOUSE DISTRICT ON THE EAST 290 FEET OF THE FORMER LOT 17, BLOCK 2, ALAMEDA ESTATES, AND FOR CHANGE OF ZONING FROM "R -1B" ONE FAMILY DWELLING DISTRICT TO "A-2" APARTMENT HOUSE DISTRICT ON THE EAST 200 FEET OF THE FORMER LOTS 15 AND 16, BLOCK 2, ALAMEDA ESTATES, NOW APPEARING AS LOT "E", ALAMEDA CENTER UNIT II , FILED FOR RECORD IN VOLUME 33, PAGE 85, OF THE MAP OR PLAT RECORDS OF NUECES COUNTY, TEXAS, ON JANUARY 17, 196$; KEEPING IN EFFECT ALL OTHER PRO- VISIONS 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." Minutes Regular Council Meeting Apri 110, 1968 Page 8 RESOLUTION NO. 8836 ADOPTING AND APPROVING THE STATEMENT OF UNDERSTANDING BETWEEN THE CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT, THE CITY OF CORPUS CHRISTI AND NUECES COUNTY, HERETOFORE ADOPTED BY THE REPRESENTATIVES OF SAID BODIES, DANA WILLIAMS, R. MARVIN TOWNSEND AND NOAH KENNEDY, JR., RESPECTIVELY, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; AND 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." City Manager Townsend recommended that the following revisions for clarification be incorporated prior to the second reading of the ordinance concerning issuance of Revocable Permits by the City Petroleum Superintendent for disposal of waste water and materials from oil well production, and stated the corrections did not change the intent of the ordinance: 1. Section 1, second last line, change "special permit" to read "revocable easement." 2. Section 2, third line, change "permit" to "revocable easement." 3. In Line 2, following the figure $25.00, in Section 3, add "per well." In the last Zine of said Section 3, change "permit" to "revocable easement." 4. Section 4, first line, change "permit" to "revocable easement." 5. Section 5, first line, change "permit" to "revocable easement." Following the figure $25.00 in the third line, add the words "per well." The last sentence to hereafter read: "All revocable easements not renewed by January 31 next after date of issuance shall be of no further force or effect." 6. Section 6, to be amended to hereafter read as follows: "Section 6. The revocable easement hereinabove mentioned shall be revocable by the said City Petroleum Superintendent at any time." 7. Section 7, to have first sentence amended to hereafter read as follows: "Any permittee whose revocable easement is revoked, or any applicant who is denied a grant as here- with provided shall have the right of appeal to the City Council by making written application to the City Council for consideration of its appeal within ten (10) days from the date of denial of Minutes Regular Council Meeting April 10, 1968 Page 9 easement or revocation of easement, as the case may be." Mr, Sheridan C. Lewis, president of the Southern Community Gas Corporation, appeared and stated that he is opposed on the grounds that well inspections and fees are not needed, justified, or feasible since the City is only concerned with the outfall, and that the Railroad Commission has the responsibility of inspecting to determine if water is polluted, and stated that the Commission is discharging that duty; questioned the City's procedure for policing the wells; and requested that any action of the Council be deferred until after January 1 following the adoption of new rules of the Railroad Commission. Mr. Hayden W. Head of Southern Minerals Corporation opposed the ordinance, con- curring generally with statements made by Mr. Lewis. He stated he did not critize the intent of the ordinance, but stated that he did not feel that the flow of salt water down the ditches of County roadways were detrimental to the public interest; stated that the Garrison Drainage Company was formed in 1939 by oil companies interested in the handling of waste salt water; that they have been performing satisfactorily since that time, and that it is to their interest to see that the water is not polluted. Mr. Head further stated that he felt the $25 dollar fee per well annually which the City proposes for inspections is unwarranted and in excess of an amount needed for this service. Mr, Charles Clark appeared on behalf of the Garrison Drainage Company and explained how inspections are now being made; stated that the inspector makes routine tests twice a month to see that no oil gets into the borrow pits and makes monthly reports. He offered to put the City on their mailing list to receive one of these reports every month. Mr. Joe Dawson appeared and stated he felt any kind of governmental regulations only adds one more burden to its reponsibilities, and that the ordinance is primarily designed to pre- vent pollution, but that there are many things that cause pollution other than oil. He stated he believed the oil operators are doing everything possible to comply with the regulations for the protection of the public water system; are cooperating with the Railroad Commission, and stated that the new rules to be adopted as of May 1 would be applicable to the City. Minutes Regular Council Meeting April 10, 1968 Page 10 Mrs. James C. Scott raised the question as to what criteria is used by the Railroad Com- mission for determining "how much is too much salt." City Manager Townsend stated the ordinance does not establish standards. Petroleum Superintendent Harry Franklin stated for the record that he felt he should be a part of any of the inspections, and that the fees are to be set by the Council. Motion by Jimenez that the ordinance be amended to state "outfalls" instead of "wells." The motion failed for lack of a second. Motion by McDaniel, seconded by Sizemore, that the inspections of the Railroad Com- mission be accepted, and that all references in the ordinance to City inspections and fees be de- Ieted and that it be held in abeyance for six months. The Council was not polled for a vote on the foregoing motion. Motion by Roberts, seconded by Jimenez and passed, that the second reading on the foregoing ordinance be deferred for one week and given further consideration. Mayor Blackmon called for discussion on the ordinance appearing on the agenda desig- nated as the "land drilling ordinance," which was read for the first time April 3, 1968. He stated the ordinance was drafted by a committee from the Society of Petroleum Engineers and by the City Staff. City Manager Townsend stated that the ordinance is a revision of the draft submitted and amended by the Society of Petroleum Engineers which is made up of oil industry personnel who have operations within the city limits. Mr. Townsend stated that most of the proposals made by the members of S.P.E. have been incorporated into the ordinance. He stated that the Staff recommendations on spacing and unitization, which was also favored by some members of the oil industry, were written into the ordinance. Mr. Hayden Head appeared and stated he felt the language in the ordinance is wrong and does not express what the Council is trying to accomplish. Mr. Warren A. Rees, chairman of the S.P.E. Committee, stated the committee had attempted to write a draft that was workable for Corpus Christi, and that he felt it would be an error to write in different spacing and unitization provisions. Minutes Regular Council Meeting April 10, 1968 Page 11 Mr. Townsend stated that three letters had been received setting out objections from Mr. John C. Brooke, Hayden Head, and Coastal States. A representative of Humble Oil & Refining Company stated he would submit his company's objections in writing for consideration with the other companies. Mr. Brooke commended the S.P.E. Committee, Mr. Harry Franklin, and City Attorney Singer for what has been accomplished thus far, but agreed that more time is needed and stated that part of the problem is "defining the problem," and that he is not sure all agree on what is the disagreement. THE FIRST READING OF AN ORDINANCE ADOPTING RULES AND REGULATIONS FOR EXPLO- RATION, DRILLING AND PRODUCTION OF HYDROCARBONS, AND CONCERNING MATTERS INCIDENT THERETO, IN THE CITY OF CORPUS CHRISTI, FOR ALL AREAS OF THE CITY EXCEPT THOSE AREAS SUBJECT TO REGULATION UNDER THE TERMS OF ORDINANCE NO. 8294, ADOPTED ON FINAL READING ON DECEMBER 21, 1966, AND AMENDMENTS THERETO; PROVIDING FOR THE CONTINUANCE OF CERTAIN PROVISIONS OF THE EXISTING ORDINANCE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND PROVIDING PENALITIES AND MEANS OF ENFORCEMENT; AND PROVIDING FOR PUBLI- CATION. The foregoing ordinance was read for the first time and passed to its second reading as amended by the following vote: Blackmon, Sizemore, Bradley, Jimenez, Lozano, McDaniel, and Roberts present and voting "Aye." Mayor Blackmon directed that City Manager Townsend place the foregoing ordinance on the agenda for second reading for April 24, 1968, and that it be given first priority for discussion at workshop Monday night. Mayor Blackmon called for petitions or information from the audience not scheduled on the agenda. Mr. Ed Lamp, member of the Downtown Kiwanis Club and chairman of the Public Affairs Committee, appeared and stated that this committee wishes to take this opportunity to express to the City Council their wholehearted support for the public service this Council is rendering to the community, stated one or more of their members plan to attend the Council meetings the next few months to observe, and offered assistance in any way possible. There being no further business to come before the Council, the meeting was adjourned.