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HomeMy WebLinkAboutMinutes City Council - 06/11/1969MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING June 11, 1969 2:00 P.M. PRESENT: Mayor Jack R. Blackmon Mayor Pro Tem Gabe Lozano, Sr. Commissioners: Eduardo E. de Ases Ken McDaniel Ronnie Sizemore City Manager R. Marvin Townsend Assistant City Attorney Jim Riggs City Secretary T. Ray Kring • Mayor Jack R. Blackmon called the meeting to order. Commissioner Ronnie Sizemore gave the invocation in the absence of the invited Guest Chaplain. Motion by Sizemore, seconded by de Ases and passed, that the absence of Commissioners Roberts and Bradley be excused for cause. The Minutes of the Regular Meetings of May 28 and June 4, 1969, were approved as submitted to the Council. Mayor Blackmon read a proclamation designating Saturday, June 14, 1969, as EXECUTIVE HOUSEKEEPERS DAY, in recognition of these public-spirited citizens, and in cooperation with the Gulf Coast Chapter of the Lower Mid -West District's Second Biennial Convention and Workshop Meeting of the National Housekeepers Association, to be held in the City June 12 through June 14; received by David S. McIntosh. Mayor Blackmon recognized the presence of and commended Jeff Rapach of Boy Scout Troop 10, who was attending the Council and workshop meetings, for credit toward his Eagle Scout rating. Mrs. Robert Clark, representing the Corpus Christi Council of Parent Teachers Association, constituting 61 local units, appeared before the Council gnd read a resolution which was presented to the Council on May 9, 1968, and filed with the Secretary as Petition #5-68, which resolution requested the enlargement of the Police Force for the deterrent of narcotics traffic in the public schools. Mrs. Clark stated that the Parent Teacher Association is an organization whose primary purpose is to "promote the welfare of children and youth in home, school, church, and community," and that since the basic purpose of law enforcement is the protection of the innocent and the determination and commitment of the guilty, and the j • Minutes Regular Council Meeting June 11, 1969 Page 2 PTA believing that one factor contributing to the security and progress of the community and the welfare of the youth, is an efficient law establishment, they are re -submitting the resolution to the Council. Mrs. Clark also requested that police salaries be increased to attract more applicants to fill the vacancies in the Department. Mayor Blackmon complimented Mrs. Clark and the organization which she represented, for thei r support, and stated that the Council is acutely aware of the problem and appreciated their efforts. He assured her that the request would be given as much consideration as the next budget would allow, and that she could be confident that the request had come to "attentive ears." (Reference Petition 05-68) Mr. Ed P. Williams, attorney, appeared and requested that the Council take steps to re -program the City's policies and activities of the Vice Squad relative to the handling and enforcement of sex and traffic laws. He stated that he heartily endorsed what Mrs, Clark has just pointed out that the local police department is lacking in qualified personnel and lack of adequate compensation. He read a six-page document describing specific cases of alleged discriminations against negro females, and females in general, in making arrests; false arrests by use of Vice Squad personnel as informers; encouraging immorality so that arrests can be made; use of profane language; attempts to frame citizens who take issue with certain methods of law enforcement; and vindictive action by Vice Squad officers against defendants when they prevail in cases in Corporation Court. He compared unfavorably the City's traffic death count and violations with other comparable cities, particularly that of Houston on a population and ratio basis. Mr. Williams filed the document for record, which also consisted of a questionnaire intended to test the Council's response to the foregoing alleged activities, and stated that if the answer was "No", to any of the thirteen questions, it is their duty as elected representatives of the people to speak out and inform the Vice Squad. The document also contained ten positive suggestions as to what he considered the Mayor and Commissioners should and could do to correct these irregularities for the improvement and re- programming of activities of the Vice Squad in accordance with today's realistic needs in the City. • Minutes Regular Council Meeting June 11, 1969 Page 3 Mayor Blackmon stated that the Council is vitally interested in the assertions made by Mr. Williams, but explained the difficulty in enforcing sex laws; stated that the Vice Squad is operating under their framework, and if the laws are antiquated and ineffective, then the Legislature should revise them. He further stated that the Council needs specific evidence, and that to get the total picture, each case would have to be re-examined. A lengthy discussion followed and Mr. Williams was questioned by the Mayor and members of the Council as to his source of information; the extent of his analysis; and his reasoning For associating traffic violations and sex offenses. City Manager Townsend stated that he did not feel anything could be gained by the lengthy attempt to answer all of the comments made by Mr. Williams, but that Mr. Wayland Pilcher, Director of Public Safety and Transit, would make some statements relative to a report submitted by Mr. Williams two weeks ago. Relative to the assertion that there is discrimination against females when sex violation arrests are made, Mr. Pilcher stated that there may appear to be discrimination, but that where both male and female are found commiting an unlawful act, both are arrested. This type of crime is most often committed in private and secret and thus do not come to the attention of the arresting officer; that most arrests of women violators are for assignation, which is usually commited by women. Mr. Pilcher stated that the alleged discrimination against negroes and Latins can be explained by the fact that the violations by these groups are most prevalent in relatively public places where they are easy to detect, and is not necessarily a racial matter; that in most instances, violations by Angios are away from public observation and customers come from a very small group of people, making the violation more difficult to ascertain. As to the alleged use of profanity and bullying when arrests are made, Mr. Pilcher stated this has never been the adopted policy nor has it been approved. Relativetothe allegation .that .heavy fines do practically nothing to raise the level of public morality, Mr. Pilcher stated they do not solve the problem of public morality, but are a deterrent to public conduct. t • Minutes Regular Council Meeting June 11, 1969 Page 4 He stated that the practice of encouraging prostitution by permitting women to act as police informers is wrong and poor practice, and that he would appreciate being informed of specific instances of this practice; stated that this is also difficult to ascertain and prove, and and that Mr. Williams had oversimplified the solution to the problem;/that it is not the policy to violate the law in exchange for information. Mr. Pilcher stated that he will agree that illegal arrests are sometimes made in an attempt to enforce the requirement that prostitutes go regularly to a clinic and that certain pressures are used. He further stated he would liketo see this be the responsibility of the Health Department. Mr. Williams stated he would prefer to discuss specific cases of violations of the Vice Squad in private with the City Manager or the Mayor; that he can verify all his allegations, but would have to be done on a confidential basis. • • Minutes Regular Council Meeting June 11, 1969 Page 5 Mayor Blackmon called for the City Manager's Reports. Motion by Sizemore, seconded by McDaniel and passed, that the City Manager's Reports, Items "a" through "g" be accepted, and that the requests and recommendations be granted and approved as follows: a, That the Planning Commission's recommendation that Plats of Padre island - Corpus Christi Section D (51 lots for commercial or multi -family development on 29.3 acres) and Point Tesoro, Unit #3 (164 residential lots on 54,5 acres) be concurred in subject to the transfer of Lot 21, Block 5, to the Trustee in accordance with the park dedication agreement and the approval of contracts for water and deferred improvements; b. That an appropriation in the sum of $50,750 from No. 220 Street Bond Fund to be placed in escrow for the estimated cost of lighting the Padre Island -Crosstown Inter- change, Project 220-56-74.7, being S.H. 286 from Gollihar Road to S.H. 358 and S.H. 358 - S.H. 286 Interchange, be approved; c. That a use privilage agreement with William J. Hooten for the privilege of using Boat Slip No, 19 -PN on the Northwest side of the Peoples Street T -Head from which to rent sailboats and teach sailing in the Corpus Christi Marina, for a term of one year, beginning June 14, 1969, according to terms set out in the agreement, be authorized; e. That a franchise to Humble Oil and Refining Company to construct three 6 -inch pipelines crossing Lola Johnson Road, Church Drive, Valerie Street Drainage Ditch, Flour Bluff Heights Subdivision, Skipper Lane and Jester Street, for the transportation of Petroleum products, be granted; d. That the revocable easements heretofore issued under Ordinance No. 8844, and extended by Ordinance No, 9187, scheduled to expire on June 30, 1969, authorizing the disposal of waste materials and water from oil well production, be extended to July 1, 1970, upon payment of a $25 fee; f, That an appropriation in the amount of $700 from No. 250 Sanitary Sewer Bond Fund for appraisal fees of Theodore L. Liebetran, applicable to Project No. 250-67-50, Flour Bluff Sewage System Stage II, be granted; • • Minutes Regular Council Meeting June 11, 1969 Page 6 be increased g. That a change order recently authorized/in the amount of $9,450 for additional resurfacing work on Runway 13-31 by 3400 square yards, Corpus Christi International Airport Improvements, from Airport Contingency Fund, be issued to B & E Construction Company. Mrs. James C. Scott appeared in connection with the recommendation that an ordinance be authorized extending revocable easements for the disposal of brine, which easements expire June 30, 1969, and stated it had been her understanding that when these easements were extended by Ordinance No. 9187, the matter would be called to the attention of the Council for full review when the matter came up again, and stated that apparently it had been discussed by the Council in workshop this morning without any notice to herself, the Bay Drilling Committee, or other interested organizations, for review and an opportunity to bring forth information which may have been accumulated since that time. She stated that this had been a subject of divided thought of the Bay Drilling Committee. Mrs. Scott further stated that she felt the drainage of salt water to be a very basic and fundamental problem, and of paramount interest to the public, and requested that the passage of the proposed ordinance extending the permits be delayed for further study. Mayor Blackmon pointed out that the easements are revocable, and that the ordinance extends them until July 1, 1970, or at such earlier date as a study of the problem is completed by the Council and further regulations adopted. He further pointed out that Mrs. Scott had had the benefit of the past six months since the last extension which afforded time for submission of constructive information. Mayor Blackmon directed that the proposed ordinance be placed on a three -reading basis, the first reading today, and requested that before the second reading next week, Mrs. Scott and other interested parties or organizations, collect and submit in writing pertinent information which would be helpful, to be considered by the Council at next week's workshop meeting. Mrs. H. G. Tromm,suggested that local qualified persons who have had experience in this field be asked to make a preliminary study of the problem. City Manager Townsend presented for second reading an ordinance authorizing an agreement with Buccaneer Commission Inc., covering the period of 5 years for the use of certain portions of property located near the Municipal Coliseum. • Minutes Regular Council Meeting June 11, 1969 Page 7 Motion by de Ases, seconded by Lozano and passed, with Blackmon and Sizemore voting "Aye", and McDaniel abstaining, that the lease agreement with the Buccaneer Commission, Inc., passed on first reading on June 4, 1969, and passed to the second reading, be and the same is hereby amended by amending Paragraph Numbered 3 thereof so as to provide for giving of nine (9) months written notice of cancellation rather than six (6) months, said paragraph numbered 3 to hereafter read as follows: "3. Leasee shall be entitled to use the premises herein described for a period during April, May or June, not to exceed eleven (11) days (consecutive) during each of the years 1970, 1971, 1972, 1973, and 1974, the exact dates to be mutually agreed upon by Lessor and Lessee in each of such years; provided, however, that by giving written notice of cancellation at least nine months prior to the first day of the eleven -day use period this agreement shall terminate after such notice." SECOND READING OF AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH BUCCANEER COMMISSION, INC., COVERING THE PERIOD OF FIVE (5) YEARS FOR THE USE OF CERTAIN PORTIONS OF CITY PROPERTY LOCATED NEAR THE MUNICIPAL COLISEUM, THE USE OF SAID GROUND NOT TO EXCEED ELEVEN (11) DAYS DURING ANY CALENDAR YEAR OF THE LEASE TERM HEREOF, ALL AS MORE FULLY SET OUT IN THE LEASE AGREEMENT, ON FILE IN THE OFFICE OF THE CITY SECRETARY. The foregoing ordinance was read for the second time and passed to the third reading by the following vote: Blackmon, Lozano, de Ases, McDaniel and Sizemore, present and voting "Aye"; Bradley and Roberts were absent. ORDINANCE NO. 9387 APPROPRIATING OUT OF NO. 250 SANITARY SEWER BOND FUND THE SUM OF $700 FOR APPRAISAL BY THEODORE L. LIEBETRAN FOR THE FLOUR BLUFF SEWAGE SYSTEM STAGE 11, APPLICABLE TO PROJECT NO. 250-67-53; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Lozano, de Ases, McDaniel and Sizemore, present and voting "Aye"; Bradley and Roberts were absent. FIRST READING OF AN ORDINANCE EXTENDING THE EFFECT OF REVOCABLE EASEMENTS HERETOFORE ISSUED UNDER ORDINANCE NO. 8844 AND EXTENDED BY ORDINANCE NO. 9187, AUTHORIZING THE PERMITTEE TO DISPOSE OF WASTE MATERIALS AND WATER FROM OIL WELL PRODUCTION, AND SETTING FORTH OTHER PROVISIONS TO THE MATTER OF REVOCABLE EASEMENTS FOR SAID PURPOSE. • • Minutes Regular Council Meeting June 11, 1969 Page 8 The foregoing ordinance was read for the first time and passed to the second reading by the following vote: Blackmon, Lozano, de Ases, McDaniel, and Sizemore, present and voting "Aye"; Bradley and Roberts were absent. ORDINANCE NO. 9388 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A USE PRIVILEGE AGREEMENT WITH WILLIAM J. HOOTEN FOR THE PRIVILEGE OF USING BOAT SLIP NO. 19 -PN ON THE NORTHWEST SIDE OF THE PEOPLES STREET T -HEAD FROM WHdCH TO RENT SAILBOATS AND TEACH SAILING IN THE CORPUS CHRISTI MARINA, FOR A TERM OF ONE YEAR, BEGINNING JUNE 14, 1969, ON THE TERMS SET OUT IN SAID AGREEMENT, A COPY OF WHICH I5 ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Lozano, de Ases, McDaniel and Sizemore, present and voting "Aye"; Bradley and Roberts were absent. ORDINANCE NO. 9389 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 CITY OF CORPUS CHRISTI BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LOTS E & F, BOULEVARD ACRES, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" ONE FAMILY DWELLING DISTRICT TO "B-4" GENERAL BUSINESS DISTRICT; 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, Lozano, de Ases, McDaniel and Sizemore, present and voting "Aye"; Bradley and Roberts were absent. ORDINANCE NO. 9390 APPROPRIATING OUT OF NO. 220 STREET BOND FUND THE SUM OF $50,750 FOR PROJECT NO. 220-56-74.7, ILLUMINATION OF S.H. 286 FROM GOLLIHAR ROAD TO S.H. 358, AND THE ILLUMINATION OF THE S.H. 358 - S.H. 286 INTERCHANGE; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Lozano, de Ases, McDaniel and Sizemore, present and voting "Aye"; Bradley and Roberts were absent. Minutes Regular Council Meeting June 11, 1969 Page 9 ORDINANCE NO. 9391 • AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A REVOCABLE PERMIT TO L. W. FOSTER TO LOCATE A PORTABLE BOY SCOUT HUT IN LINDALE PARK, ADJACENT TO THE PARKING LOT USED BY THE ALL SAINTS' EPISCOPAL CHURCH, ALL AS MORE FULLY SET FORTH IN THE REVOCABLE PERMIT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Lozano, de Ases, McDaniel and Sizemore, present and voting "Aye"; Bradley and Roberts were absent. FIRST READING OF AN ORDINANCE GRANTING A FRANCHISE TO HUMBLE OIL AND REFINING COMPANY TO LAY, CONSTRUCT, OPERATE, MAINTAIN, REPAIR AND REMOVE CERTAIN PIPELINES WITHIN SPECIFICALLY DESIGNATED LOCATIONS BY CROSSING SAID STREETS, ROADS AND HIGHWAYS AT SAID DESIGNATED POINTS, FOR THE TRANSPORTATION OF PETROLEUM PRODUCTS; SETTING FORTH THE TERMS OF SAID FRANCHISE; PROVIDING FOR PUBLICATION;AND SETTING FORTH OTHER PROVISIONS PERTAINING TO THE FRANCHISE. The foregoing ordinance was read for the first time and passed to the second reading by the following vote:, Blackmon, Lozano, de Ases, McDaniel -and ,Sizemore, present and voting "Aye"; Bradley and Roberts were absent. Mayor Blackmon announced the meeting would recess until 9:00 a.m. tomorrow, June 12. Maycr Blackmonreconvenedthe meeting at 9:00 a.m., June 12, and asked that it be noted that all members of the Council were present, with the exception of Commissioner Bradley. City Manager Townsend presented for the Council's consideration the following ordinance: ORDINANCE NO. 9392 ADOPTED AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRIST VON 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 CARTHAY REALTY CORPORATION. BY GRANTING A SPECIAL COUNCIL PERMIT FOR CONSTRUCTION AND OPERATION OF A TWIN THEATER, SITUATED ON LOTS 1 THROUGH 10, BLOCK A, COOPERDALE ADDITION, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, AS MORE FULLY DESCRIBED ON THE APPROVED SITE PLAN, 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. t Minutes Regular Council Meeting June 11, 1969 Page 10 The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Lozano, de Ases, McDaniel, Roberts and Sizemore, present and voting "Aye"; Bradley was absent. There being no further business to come before the Council, the meeting of June 11, 1969, was adjourned.