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HomeMy WebLinkAboutMinutes City Council - 05/22/1968PRESENT: 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 May 22, 1968 2:00 P. M. City Manager R. Marvin Townsend City Attomey 1. M. Singer City Secretary T. Ray Kring Mayor Jack R. Blackmon called the meeting to order. The Invocation was given by Commissioner Roberts in the absence of the invited Guest Chaplain. City Secretary T. Ray Kring called the roll of those in attendance. The Minutes of the Regular Meeting of May 15, 1968, were approved as submitted to the Council. Mayor Blackmon announced the pending item on the proposal to close the por- tion of the street located at the rear of Lots 1 and 2 and in front of Lots 10 and 11 in Lyles Sub- division, which area was included in the public hearing held February 7, 1968, to abandon one- half of the street at the rear of Lots I, 2, 3, 4 and 5, and at the front of Lots 10 and I1, Lyles Subdivision, City Manager Townsend explained that Ordinance No. 8783, passed and approved March 6, 1968, authorized the closing of the portion described as the North one-half of the street located at the rear of Lots 3, 4 and 5, subject to the rentention of a 20 -foot utility easement dedicated by separate instrument. hie stated that it is his recommendation at this time that the balance of the request being the portions at the rear of Lots I and 2 and in front of Lots 10 and II, be closed subject to retention of a 20' utility easement for the existing sewage effluent line leading to the golf course, and the dedication of an additional 20' for Greenwood Drive. Motion by Sizemore, seconded by Jimenez and passed, that the recommendation of the City Manager be accepted, and that the portion of the street located at the rear of Minutes Regular Council Meeting May 22, 1968 Page 2 Lots 1 and 2 and in front of Lots 10 and II in Lyles Subdivision, be closed subject to the re- tention of a 20' utility easement for the existing sewage effluent line and the dedication of an additional 20' for Greenwood Drive, and that an ordinance be brought forward effectuating this action. Mayor Blackmon announced the pending item on the closing of a portion of Horne Read, being a 1.243 acre tract of land out of Lot 6, Section V, Range 9, Gugenheim Cohn Farm Lots, located between Navigation Boulevard and Old Brownsville Road, on which a public hearing was held by the City Council May 8, 1968, and tabled for consideration of the City Manager's recommendation that action be deferred until property owners have time to work out a plan as to the division of the Street which would be both satisfactory to the City and affected property owners. City Manager Townsend stated that the plan relative to a proposed apartment project in the area had not materialized, and that his recommendation at this time is that the street be closed as requested and that the closed portion revert to the abutting property owners in the usual manner, with the provision that an easement be retained for the two existing utility lines. Motion by Bradley, seconded by Roberts and passed, that the recommendation of the City Manager be accepted, and that the portion of Horne Road, being a 1.243 acre tract of land out of Lot 6, Section V, Range 9, Gugenheim Cohn Farm Lots, located between Navigation Boulevard and Old Brownsville Road, be closed as requested, and that the closed portion revert to the abutting property owners, with the provision that a utility easement be retained, and that an ordinance be brought forward effectuating the closing. Mayor Blackmon called for the City Manager's Reports. Motion by Roberts, seconded by Lozano and passed, that the City Manager's Reports, Items "a" through "m", be accepted, and that the recommendations and requests be approved and granted as follows: a. That the following recommendations relative to the Flour Bluff Sewer System Project, be approved: (I) Urban Engineers.` preliminary reportfor, Flour Bluff, Sewers, Stage 11; Minutes Regular Council Meeting May 22, 1968 Page 3 (2) application for Public Law 660 fund's totaling $106,000, be authorized; a conf ract be authorized with Lee Brothers, by which Lee Brothers will pay 58:/5 in of the cost of con- structing a lift station and main to the boundary of the residential subdivision, and provide the treatment plant site, and the City to move the Jackson Woods plant to the site; and (4) the Flour Bluff Sewer Master Plan be adopted with the provision that the force main and major pump station located or other solution to the question of treatment location be determined at a later date (Public Hearing held 5/31/67); b. That the firm of Blucher and Naismith be engaged to make a study and pre- pare a Master Drainage Plan for the Flour Bluff and Highway 9 areas; c. That an appropriation in the sum of $8,344.42, out of Storm Sewer Bond Fund No. 295, for reimbursement to the Water Construction, Activity 5171, 1967-68 Budget, Code 601, relative to the relocation of the 42" Holly Road water main for the Richter Storm Sewer Project, be authorized; d. That the authority to acquire 96.7 acres of land for a consideration of $93,077, from the W. E. Pope Estate, located on Carbon Block Road, being all the land from the Central Power and Light Line to the flats, to be used for sanitary land fill, be granted; e. That a revocable permit to Corpus Christi Caller -Times for the erection and maintenance of a canopy in accordance with the terms set out in the revocable permit in the public right of way abutting the east side of the 800 Block of North Broadway, described as Block 21, Beach Portion, Corpus Christi Townsite, be approved; f. That the City interpose no objection to the Texas Air Control Board concerning Coastal States Petrochemical Company's request for three months to bring their gaseous emissions from facilities located at Cantwell Lane, into compliance with the Board's regulations; g. That a revocable easement to Humble Pipe Line Company to place a 4" pipe line in an 8" casing crossing Waldron Road, approximately 1326 feet South of Graham Road, for the transportation of oil, gas and petroleum products, be granted; h. That the plans and specifications for the construction of storm sewer improvements in McArdle Road, Dodd Drive, Viola Avenue, Temple and San Diego Subdivisions, included in f Minutes Regular Council Meeting May 22, 1968 Page 4 the 1967 bond issues, be approved, and that the authority to advertise for bids to be received /� on June,B; 1968, be authorized; i. That the reimbursement to No. 102 General Fund in the amount of $53,539 from funds hereby appropriated and previously appropriated and not heretofore reimbursed during the current fiscal year from the period of February I, 1968 through April 30, 1968, for engineering on bond projects, be authorized; j. That the transit route to Calallen be continued on a three months trial basis through August, 1968; k. That a revocable easement to Bert Roscoe for the installation of gas lights in the City right of way around Gaslight Square in the 1000 Block of Santa Fe at the inter- section of Third Street, be granted; I. That the authority to advertise for bids to be received June 5, 1968, on 500' of 48" corrugated galvanized pipe for drainage improvements at Jester and Merzbacher in Flour Bluff, be granted; m. That the Position Classification Plan Ordinance No. 3658, be amended so as to add the positions of Fire Alarm Operator and Fire Alarm Inspector, and establishing salaries for these positions at $525 and $500 per month respectively. SECOND READING OF AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A LEASE BETWEEN THE CITY AND THE CORPUS CHRISTI YACHT CLUB FOR A TERM OF FIVE (5) YEARS CONCERNING A CERTAIN PORTION OF THE BAYFRONT, FOR MAIN- TENANCE OF THE EXISTING YACHT CLUB PIER, T -HEAD AND RELATED PILINGS AND FOR CONSTRUCTION OF AN EXTENSION OF THE EXISTING YACHT CLUB PIER, T -HEAD AND RELATED PILINGS, ALL•AS MORE FULLY DESCRIBED IN THE LEASE AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF. 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. 8868 GRANTING A REVOCABLE EASEMENT AND AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A REVOCABLE EASEMENT TO DANOIL COMPANY, INC., A CORPORATION, HAVING Minutes Regular Council Meeting May 22, 1968 Page 5 ITS OFFICE IN NUECES COUNTY, TEXAS, TO PLACE A 3" PLASTIC PIPELINE TO CARRY SALT WATER FROM AN OIL WELL ON THE CLARKWOOD SCHOOL SITE ALONG EKLUND AVENUE TO THE GARRISON DRAINAGE DITCH, AS MORE FULLY SET OUT IN THE REVO- CABLE EASEMENT ATTACHED HERETO AND MADE A PART HEREOF, UPON THE PAYMENT OF THE FEE PROVIDED THEREIN; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance was passed by the fo•Ilowing vote: Blackmon, Sizemore, Bradley, Jimenez, Lozano, McDaniel and Roberts, present and voting "Aye". ORDINANCE NO. 8869 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A CONTRACT WITH H. DURWOOD THOMPSON, LANDSCAPE ARCHITECT, FOR ARCHITECTURAL SERVICES, INCLUDING PLANS AND SPECIFICATIONS FOR LANDSCAPING OCEAN DRIVE FROM CRAIG TO HEWITT, APPLI- CABLE TO PROJECT NO. 220-67-97; APPROPRIATING OUT OF NO. 220 STREET BOND FUND THE SUM OF $3,000 FOR PAYMENT OF THE AFORESAID ARCHITECTURAL SERVICES; 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. 8870 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A CONTRACT WITH BATH AND ASSOCIATES FOR THE PREPARATION OF PLANS AND SPECIFICATIONS FOR ELECTRICAL SYSTEM IMPROVEMENTS AT WEST GUTH PARK AND AT THE CORPUS CHRISTI MARINA; APPRO- PRIATING OUT OF NO. 291 PARK BOND FUND THE SUM OF $3,000, APPLICABLE TO WEST GUTH PARK PROJECT, NO. 291-64-I;; APPROPRIATING AND REAPPROPRIATING OUT OF NO. 102 GENERAL FUND THE SUM OF $7,000, APPLICABLE TO MARINA ACTIVITY NO, 4151, CODE 502; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinace was passed by the following vote: Blackmon, Sizemore, Bradley, Jimenez, Lozano, McDaniel and Roberts, present and voting "Aye". ORDINANCE NO. 8871 APPROPRIATING THE SUM OF $43,608, OF WHICH AMOUNT $35,801 IS FROM NO. 220 STREET BOND FUND, $2,915 IS FROM NO. 250 SANITARY SEWER BOND FUND AND $4,892 IS FROM NO. 295 STORM SEWER BOND FUND, THE FOREGOING AMOUNTS TO SUPPLEMENT FUNDS IN THE AMOUNT OF $9,931 REMAINING FROM FUNDS PRE- VIOUSLY APPROPRIATED FOR ENGINEERING COSTS AND CONTINGENCIES, APPLI- CABLE TO VARIOUS BOND FUND PROJECTS AS SHOWN ON THE TABULATION PRE- PARED BY THE ACCOUNTING DIVISION, A COPY OF WHICH IS ATTACHED HERETO Minutes Regular Council Meeting May 22, 1968 Page 6 AND MADE A PART HEREOF, AUTHORIZING REIMBURSEMENT TO NO, 102 GENERAL FUND, IN THE AMOUNT OF $53,539 FROM FUNDS HEREBY APPROPRIATED AND PREVIOUSLY APPROPRIATED AND NOT HERETOFORE REIMBURSED DURING THE CURRENT FISCAL YEAR, FOR THE PERIOD OF FEBRUARY I, 1968 THROUGH APRIL 30, 1968; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinace was passed by the following vote: Blackmon, Sizemore, Bradley, Jimenez, Lozano, McDaniel and Roberts, present and voting "Aye". ORDINANCE NO. 8872 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A REVOCABLE PERMIT TO THE CORPUS CHRISTI CALLER - TIMES TO OCCUPY A PORTION OF THE PUBLIC RIGHT OF WAY ABUTTING THE EAST SIDE OF THE 800 BLOCK OF NORTH BROADWAY, MORE PARTICULARLY DESCRIBED AS BLOCK 21 BEACH PORTION, CORPUS CHRISTI TOWNSITE, AN ADDITION TO THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FOR THE ERECTION AND MAINTENANCE OF A CANOPY SUPPORTED BY MASONRY COLUMNS, ALL AS MORE PARTICULARLY DESCRIBED IN THE REVOCABLE PERMIT, A COPY OF WHICH IS ATTACHED: HERETO AND MADE A PART HEREOF; PROVIDING FOR THE TERMS AND CONDITIONS AS MORE FULLY SET OUT IN THE REVOCABLE PERMIT; 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. 8873 APPROPRIATING THE SUM OF $8,344.42 OUT OF STORM SEWER BOND FUND NO. 295 AND AUTHORIZING REIMBURSEMENT OF WATER FUND 141, WATER CONSTRUCTION, ACTIVITY 5171, 1967-68 BUDGET, CODE 601, IN THE AMOUNT OF $8,344.42 OUT OF SAID APPROPRIATION FOR PROJECT NO. 295-64-25, RICHTER DRAINAGE DITCH; 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. 8874 CLOSING ALL EXCEPT THE EAST 20 FEET OF THAT PORTION OF A STREET LOCATED BETWEEN LOTS I AND 11, AND 2 AND 10, IN LYLE SUBDIVISION, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, TO BE EFFECTIVE UPON DELIVERY TO THE CITY OF A DEDICATION DEED DEDICATING THE EAST 20 FEET OF LOTS 1 AND 11 FOR THE WIDENING OF GREENWOOD DRIVE 20 FEET, IN ACCORDANCE WITH THE Minutes Regular Council Meeting May 22, 1968 Page 7 MASTER PLAN FOR GREENWOOD DRIVE; 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. 8875 REQUESTING THE BAY DRILLING COMMITTEE UNDER SPECIAL CHAIRMANSHIP OF LENFORD K. WILLIAMS TO STUDY THE PROBLEM OF ITS SALT WATER WASTE DIS- POSAL FROM OIL AND GAS WELLS, WITHIN THE CITY OF CORPUS CHRISTI; OUT- LINING THE DUTIES OF THE CQMMITTEE AND THANKING THE COMMITTEE FOR ITS UNDERTAKING OF THE PROJECT; 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. 8876 AMENDING AN OR)IMANCE ENTITLED "POSITION CLASSIFICATION PLAN FOR ALL OFFICES AND POSITIONS IN THE CLASSIFIED SERVICE; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR AN EFFECTIVE HATE; AND DECLARING AN EMERGENCY", BEING ORDINANCE 3658, BY AMENDING SAID ORDINANCE 3658, AS AMENDED, TO ADD THE CLASSIFICATIONS OF FIRE INSPECTOR AND FIRE ALARM OPERATOR IN THE FIRE SERIES TO SECTION 4 OF SAID ORDINANCE 3658, AND AMENDING ORDINANCE 8127 TO PROVIDE FOR COM- PENSATION FOR THOSE TWO SAID CLASSIFICATIONS; PROVIDING A SEVERANCE CLAUSE; PROVIDING AN EFFECTIVE DATE; 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. 8877 GRANTING A REVOCABLE EASEMENT AND AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A REVOCABLE EASEMENT TO HUMBLE PIPE LINE COMPANY, A CORPORATION HAVING ITS OFFICE IN NUECES COUNTY, TEXAS, TQ PLACE A 4" PIPE LINE IN AN 8" CASING CROSSING WALDRON ROAD, APPROXIMATELY 1326 FEET SOUTH OF GRAHAM ROAD, FOR THE TRANSPORTATION OF OIL, GAS AND PETROLEUM PRODUCTS, ALL AS MORE FULLY SET OUT IN THE REVOCABLE EASEMENT ATTACHED HERETO AND MADE A PART HEREOF, UPON THE PAYMENT OF THE FEE PROVIDED THEREIN; 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, Minutes Regular Council Meeting May 22, 1968 Page 8 present and voting "Aye". City Manager Townsend presented the following amendments to the ordinance appearing on the agenda forthird and final reading known as the "Drilling Ordinance", and stated that these changes, or amendments, are minor, mostly typographical corrections such as punctuation, spelling, underscoring, etc., which have been concurred in by the legal staff, and that they do not necessarily change the text of the ordinance: SUBSECTION 2.10 has been revised to read as follows: Effective Date. The term "effective date" shall mean the date of final passage of this Ordinance by the City Council. SUBSECTION 2.14 has been revised to read as follows: Operator. The term "operator" shall inc ude every person, and the agents, servants and employees of such person, engaged in operations for the drilling, reworking, redrilling, well servicing or plugging and abandon- ment of any well subject to this Ordinance and the production or transportation of any pro- duct therefrom. SUBSECTION 3.4D has been revised by removal of the comma in the fourth line. SUBSECTION 3.6 has been revised to read as follows: Formation of Production Units Larger Than Drilling Blocks. After the effective date, the formation of a production unit which is larger than a single drilling block will be subject to the following requirements: (This replaces the third sentence). SUBSECTION 3.6B has been revised by inserting the word such after the word no in the first line. SUBSECTION 5.12 has been revised by omitting both commas in the fourth line and the comma at the end of the fifth line. SUBSECTION 6.31F has been revised by substituting the word well's for the word wells at at the end -of the second line. SUBSECTION 6.32FI has been revised by striking the parenthetical (s) from the words name and owner and by changing operators to the singular operator. SUBSECTION 2.16 has been revised by omitting the last comma. SUBSECTION 2.23 has been revised by underlining the words Straight Well. SUBSECTION 3.4C has been revised by substituting the words required to be for the word ordered. SUBSECTION 3.6A has been revised to read as follows: Such a production unit shall consist of an area which embraces contiguous entire drilling blocks, within which the operator shall have more than 50% of the operating rights in each drilling block included in such production unit. SUBSECTION 3.6B has been revised by inserting the word if at the beginning of the first com- plete sentence on page 9. Minutes Regular Council Meeting May 22, 1968 Page 9 SUBSECTION 3.6C has been revised by omitting the word therefrom at the end of the last line. Motion by Bradley, seconded by Jimenez and passed, that the foregoing amendments and/or changes, be incorporated intothe drilling .ordinance :before its third and final reading in accordance with the recommendations of City Manager Townsend. Mrs. James C. Scott, member of the Bay Drilling Committee, appeared and stated she was speaking as President of OPUS which she termed a conservation organization concerned about the utilization of the natural resources in the urban environment of the community. She commended those who have worked diligently to formulate the drilling ordinances, and stated that she believes it to be good in most respects, but that she favors a requirement that wells be clustered and a division of the City into 320 -acre drilling blocks as was originally proposed instead of the 40 -acre drilling blocks as now are in the proposed ordinance, stating that the smaller units will result in more wells and hamper urban planning efforts, and stated that the more vacant areas which fringe the City will be the areas to suffer under the 40 -acre spacing, that it is unfair to the citizens living there, and negatesplanned: land use concepts. She pointed out that clustering preserves land use by preventing scattering of wells. Mrs. Scott presented scaled graphs for comparison of the 320-acre/and 40 -acre spacing areas, and filed with the Council a copy of a written state- ment from which her comments were made. (Council Exhibit #5-68). Mr. John C. Brook, attomey for Cities Service Oil Company, appeared and commended the Staff and others who have given time and effort in the preparation of the ordinance. He asked City Attorney Singer for a clarification of the ordinance as to when should the production unit be formed, after or before the drilling of a well. Mr. Singer explained that the ordinance does not limit the operator to any particular time either before or after obtaining the permit. Mr. Hayden Head, attorney who worked with the formulation of the subject ordinance stated that one main concern in suggesting the size of the blocks was to avoid the possibility of litigation, and that any suggestions for changes were done with that in mind - Minutes Regular Council Meeting May 22, 1968 Page 10 to clarify rather than to change. Mr. Head presented newspaper clippings of recent publi- cation reflecting the importance of the oil and gas industry to Nueces County and particu- larly to Corpus Christi area. He stated that the economic contribution of the industry is the county's largest and provides 6,700 jobs with an annual payroll of more than $54 million, and that the City should do everything possible to encourage the growth of the industry, "and not kill it just because you are accustomed to its benefits". Mayor Blackmon pointed out that the resolution just passed had officially designated the Bay Drilling Committee as a special study committee to review the problem of oil field brine disposed of through City drainage ditches, and that Lenford K. Williams of Atlantic Richfield Company, a member of the Committee, is appointed chairman of that Committee for this disposal study, and stated that a report is requested by November I. Mr. Douglas Pendergras of Douglas Pendergras Pipe & Supply Company appeared and made two suggestions for changes in the Drilling Ordinance, generally concurred in by Petroleum Superintendent Harry Franklin and interpreted to read: 0) that Subsection 6.32E be revised by adding words "or tubing after the word "pipe in line 7 and in line 10; (2) that Subsection 6.328 be revised by adding the words "or cast iron cement retainer after the word "packer" in line 4 and by adding the words "or retainer" after the word "packer" in line 7, 8. and 9. Mayor Blackmon requested that Mr. Franklin submit his interpretation of the foregoing amendments in writing for the Monday night Workshop. Motion by Bradley, seconded by Roberts and passed that the third and final reading of the ordinance known as the "Drilling Ordinance" be deferred for one week hence. Mayor Blackmon called for petitions or information from the audience not scheduled on the agenda. Mr. Edward Lampp, representing the Business and Public Affairs Committee of the Downtown Kiwanis Club, appeared and commended the Council for its pursuit of good government and in its efforts to bring that government into its proper perspective and focus and pledged the wholehearted support to the Council. Minutes Regular Council Meeting May 22, 1968 Page 11 Mr. W. Van Galen, 2921 Waldron Road, appeared and complained of the erosion taking place in and around the Van Galen drainage ditch during the recent flooding and the washout of. the Flour Bluff and Highway 9 areas. He presented pictures of the condition of the ditch and of the alleged erosion into his property. He questioned the construction of the ditch in the first place, and stated that when it was under the jurisdiction of the County, it was kept clean. Mr. Van Galen further inquired as to why some residents in Flour Bluff will be permitted to tie onto the Sewer Plant and others denied, namely, Bellaire Addition. City Manager Townsend explained that the line to this subdivision is still under construction and that Bellaire will be served when this facility is completed. He explained to Mr. Van Galen that the construction contract for Van Galen Ditch suffered considerable damage during Hurricane Beulah last year; that the problem of erosion is under study now, but that he preferred not to make a statement at this time until more information is available. Mr. Townsend stated that Director of Public Work Jack McDaniel had advised that the construction of the Van Galen Ditch is still uncle- contract, and that he would study the contract to determine the status and liability coverage. He further pointed out that the ditch was not designed to handle rains such as befell the City recently. Mayor Blackmon stated that Mr. Van Galen's statements would be accepted as a report which the Council would give consideration, and asked City Manager Townsend to fumish any information available. Mr. Bernard Raimondo, owner of Bernie's Treasure Cove, at 4417 Timon, appeared in protest of the proposed ordinance submitted to the Council a few weeks ago by the Corpus Christi Package Dealers Association. Mr. Raimondo gt,estioned the existence of the Package Dealers Association, and stated that such an ordinance would not curb the possession of liquor by minors. Mrs. Golstein and Mrs. McCarthy, both in the liquor retail business, appeared and asked to be recorded as not in favor of the proposed liquor control ordinance as proposed by the Corpus Christi Package Store Association: Mayor Blackmon explained that the proposed Iiquc; control ordinance is not the Council's proposal, that the issue is not on the ogenda for discussion today, but that Mr. Minutes Regular Council Meeting May 22, 1968 Page 12 Raimondo's objections would be recorded, but stated that it formally indicated that it did not favor passage of such an ordinance. Motion by McDaniel, seconded by Bradley and passed, with Sizemore voting "Nay", Jimenez abstaining, that the ordinance proposed by the Corpus Christi Package Dealer's Association, be rejected. Commissioner Roberts departed the meeting. Mr. Joel Garcia, 901 Wilshire, appeared with a number of others in support of their request of four weeks ago, seeking Council support for the enforcement of an existing ordinance relative to the sale of obscene literature. Mr. Garcia stated that he was disturbed by comments appearing in the local newspaper attributed to the Mayor to the effect that he was not concerned. Mr. Garcia pressed the Council for a statement which would exonerate the Council of indifference to the matter. Mayor Blackmon explained that the statements of the press in some instances were not complete statements, and that he was only trying to stay that the Council is burdened with more pressing matters at this time, and that they are more interested in spending time on things which they can do something about. He stated he did not wish to convey a lack of interest or concern for the problem, but his attitude is based on apprehension of the effective- ness of such an ordinance in light of court decisions on the subject. This matter is still before the Council and still under consideration; that a detailed report had been requested from the Legal Department and that an opinion had been received relative to the present ordinance, and in summary, the bulk of the ordinance has been rendered invalid, and the portion which is valid would be impossible to enforce. He stated that an ordinance is being considered, but that the Council is not ready to vote on it. Commissioner Lozano concurred in statements of the Mayor and the position of the Council as to enforecement of the lewd literature ordinance. Others appearing and speaking for the enforcement of the ordinance on obscene literature were Mrs. Roosevelt Martinez, Mr. Villarreal, and persons residing at 2130 Karen Drive and 2733 Elgin Street. 1 Minutes Regular Council Meeting May 22, 1968 Page 13 Commissioner Jimenez stated that he did not agree with other members of the Council; that Mr. Singer's report is one man's opinion and stated that the Legal Department and Police Department should be instructed to make an attempt to enforce the ordinance. On request of Commissioner Jimenez, it was agreed that the matter be delayed for two weeks since he will be out of town until that time. Mr. Singer stated that his opinion was based on the opinion of the Supreme Court. Mr. Louis Peronis, President of Corpus Christi Firefighter's Association, appeared and read a statement on behalf of the Association, announcing that the lawsuit filed against the City in 1965 has been settled to the mutual satisfaction of both the Union and the City. The text of the statement pledged future cooperation in a spirit of harmony and good will in the adjustments of problems, and pledged to continue to work for the Safety and Welfare of the citizens of this community. Mr. Peronis statedthat"City Manager Townsend deserves a lot of credit for the harmonious relationship that has grown out of this settlement" and commended the Council for their selection of City Manager. (Council Exhibit 04-68). Mayor Blackmon commented on a statement of Commissioner Bradley for the record in connection with a ticket he received last week at the intersection of Buford and Ocean Drive which has received considerable publicity. He stated he had exercised his prerogative and responsibility as a Councilman to formulate policy for the operation of the City when he consulted with the City Manager on the necessity of the signal Tight at this location and the concentration of police officers in an area which he did not deem hazardous. He further stated he considered the matter "trivial"; that he had paid the fine, and felt "we should get on with more important business"; that the matter had been publicized far out of proportion to its significance to other matters occupying the time of the Council. City Manager Townsend stated for clarification of his position in the foregoing matter, that his criticisms were not prompted because a ticket was written but came about because the intersection was not a hazardous one, and that spot enforcement, if it is to be Minutes Regular Council Meeting May 22, 1968 Page 14 effective, must be concentrated in areas where hazards exist. City Manager Townsend presented for the Council's consideration an ordinance granting a special permit, on application of The Medicenters of America, Inc., on Lots 1, 2, 3 and 4, Block II, Ocean View Addition, for a six -story "Extended Care" type hospital. He stated the request for the closing of the alley in Block II, Ocean View Addition located between Lots 3 and 4, and 19 and 20, has been held in abeyance pending the approval of the Special Permit to Medicenters; that it is his recommendation that the Special Permit be granted by ordinance, which is now in final form and ready for passage, and that the aforementioned alley be closed by motion. Motion by McDaniel, seconded by Bradley and passed, that the Alley in Block 11, Ocean View Addition between Lots 3 and 4, and 19 and 20, be closed as requested subject to a 20 -foot alley being dedicated and improved to Second Street; a turn -around being provided at the Intersection of the new and old alley; the dedication of new utility easements for gas and sewer lines; and the relocation of the existing gas and sewer facilities. ORDINANCE NO. 8878 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 THE MEDICENTERS OF AMERICA, INC., BY GRANTING A SPECIAL COUNCIL PERMIT ON LOTS I, 2, 3 and 4, BLOCK II OCEAN VIEW ADDITION, IN THE CITY OF CORPUS. CHRISTI, NUECES COUNTY, TEXAS, FOR A SIX -STORY "EXTENDED CARE" TYPE HOSPITAL WITH NECESSARY APPURTENANCES CONDITIONED ON THE DEDICATION OF A WIDENING OF THE ALLEY, WHICH WIDENING WILL EXTEND ON LOTS 19, 18 and 17, BLOCK II, OCEAN VIEW ADDITION, THE DEDICATION OF AN ALLEY EXTENDING EASTWARD OFF THE SOUTH EDGE OF LOT 4 TO SECOND STREET, AND THE DEDICATION OF A UTILITY EASEMENT ON LOTS 2, 3 AND 4, ALL. IN BLOCK II, OCEAN VIEW ADDI- TION, AS RECORDED IN VOLUME I, PAGE II, MAP RECORDS OF NUECES COUNTY, TEXAS, AS MORE FULLY DESCRIBED ON THE PLAT ATTACHED HERETO AND MADE A PART HEREOF; 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, Mi nutes Regular Cot) nal l Meeting May 22, 1968 Page 15 Present and voting "Aye" , There being no further business to come before the Coyncil, the meeting was adjourned,