HomeMy WebLinkAboutMinutes City Council - 12/26/1973PRESENT:
Mayor Jason Luby
Commissioners:
Rev. Harold T. Branch
Thomas V. Gonzales
Ricardo Gonzalez
Gabe Lozano, Sr.
J. Howard Stark
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
December 26, 1973
2:00 P. M.
City Manager R. Marvin Townsend
City Attorney James R. Riggs
City Secretary T. Ray Kring
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Mayor Jason Luby called the meeting to order in the Council Chamber of
the City Hall.
The Invocation was given by Mr. Cleo LaRue, student minister.
City Secretary T. Ray Kring called the roll of those in attendance.
Motion by Branch, seconded by Ricardo Gonzalez and passed, that the absence
of Mayor Pro Tem Acuff be excused for just cause.
Commissioner Stark introduced his mother of Dallas, Texas, who was a holiday
visitor in the Stark home and present as an observer of the Council Meeting. Also
present was his wife, Harriet.
Mayor Luby announced the scheduled public hearing on an application of Kelly
Bell for a permit to drill a well in Drilling Block 753 which is located between
Agnes Street and UpRiver Road next to Flores Street and the Rose Hill Cemetery.
City Manager Townsend presented the fact situation, explaining that the
request was an appeal from a decision of the Petroleum Superintendent.. He explained
that the proposed drill site is within 400 feet of the boundary line of Rose Hill
Cemetery and several mobile home residences, and for this reason, had been denied by
the Petroleum Superintendent; that the Land Drilling Ordinance authorizes the
Petroleum Superintendent to issue a permit under certain conditions and allows an
appeal to the City Council if those conditions are not met. He stated all those
persons directly involved have been contacted and made aware of the public hearing.
He explained that the applicant was denied a permit because conditions of the ordi-
nance had not been met in two areas and would not be allowed without the Council's
approval. He stated the drilling site is located 175 feet from the back of the pro-
perty line of what is known as the Hatch Trailer Park and on a tract of land known as
the Cecil Burney, Trustee, Tract; that the two requirements which have not been met
are, (1) the proposal has not received the approval of all occupied structures within
400 feet, and (2) is less than 400 feet from the Cemetery.
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Regular Council Meeting
December 26, 1973
page 2
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Mr. Wm. N. Cones, Agent for Kelly Bell, stated he was aware that the Petroleum
Superintendent was compelled to follow the regulations of the Ordinance, and they had
appealed this action for the purpose of presenting information which they felt would
enable the Council to take favorable action and approve the permit. He explained that
consideration had been given to moving the drill site further south of the proposed
site but the distance is limited and this would present a problem for the landowner
because it would sever his land and the severed tract to the north would become useless.
He explained that they had received a waiver from the Cemetery representatives saying
they have no objections, and seven trailer park occupants are the only objectors. He
explained that the company is aware of the inconvenience but stated they will be on
location for only 26 to 28 days, that the noise will be muffled, there will be no fumes
except exhaust from the engines, no odors, and that operations will be 24 hours a day to
cut down on the cost. He stated the well will be 11,000 feet deep which is considered a
deep well and dangerous below 10,000 feet if 24 hour continuous drilling is not maintained.
He pointed out that the gas well, if productive, will be the fourth well in this reservoir
within the City limits and probably the last, and could be important to the City's gas
1.21„ un ctafcd tha nramises will be clean. cited the other three wells in the City as.
examples, and that the area will be attractive and not a blight on the City. He also
pointed out that there are two or three City parks located within this gas drilling block
of the Kelly Bell reservoir which represents some royalty to the City.
The question was raised if this well would be in the area which the City had
previously sought to establish and construct a street extending Flores Street to connect
between Agnes and UpRiver Road, and City Manager Townsend explained that it is the same
area, that this was a street with a lot of history but is still not on the ground.
Mr. Keith Lane, 3101 UpRiver Road, resident of the Hatch Mobile Home Park,
appeared in opposition to the granting of the permit. He explained that his mobile
home is located directly north of the proposed drilling site and anything from the
well would come from that direction; that his wife has emphysema and her health would be
seriously affected by dust from the operation, and on advise of her doctor, would
be impossible for her to live there during the drilling process. He stated the Company
had offered to provide accommodations at a local motel for his wife only, but pointed
out that this would be an unsatisfactory arrangement because it would leave himself
and his stepdaughter at home. He also made an appeal on behalf of Mrs. M. L. Field,
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Minutes
Regular Council Meeting
December 26, 1973 - Page 3
a widow living in a nearby mobile home who is a cripple, stating the conditions as a
result of the drilling would also be unhealthful for her, The Council agreed it would
not be reasonable to separate the family.
Mr. Cones stated he had not fully discussed with his Company the possibility of
moving the entire family and Mrs, Fields to other quarters during drilling operations,
but that he had inquired into possible accommodations at the Broadmoor Motel and found
that suites were available with dinettes and kitchen facilities which would be self-
sustaining and which he would recommend. He stated he would personally be willing to
move the entire family and Mrs. Fields. In answer to questions from the Council, Mr.
Cones stated it is anticipated that the drilling of the well will cost a total of
$200,000 and is estimated it would cost approximately $300.00 fcr one person to live
in a motel for 30 days, Mr. Cones stated he wanted it specifically understood that
once the well is completed the occupants will move back to their trailer homes.
Motion by Stark, seconded by Lozano and passed, that the hearing be closed.
Motion by Stark, seconded by Ricardo Gonzalez and passed, that Subsections 4.3
and 4.5 of Ordinance No. 8879 (Land Drilling Ordinance) be waived as authorized by Sub-
section 9.8 of said Ordinance in regard to the application of Kelly Bell fora permit
to drill a well in Drilling Block 753, finding that a satisfactory showing was made by
the applicant that the planned manner of operation will adequately protect the public
health, safety and welfare., subject to the condition that the applicant will provide
adequate alternate housing for Mr. and Mrs, Keith Lane and Mrs. Lela Field from the time
that site work is begun until such time as the well is completed as a dry well and plugged
and abandoned in accordance with the ordinance or until the well is completed as a shut-
in producer.
Mayor Luby called for the City Manager's Reports, and City Manager Townsend
presented requests and recommendations with related comments and explanations as
follows:
a. That a public hearing be held on January 16, 1974 on the following Toning
applications:
(1) Mrs, C. L. Lemley - "B-4" to "I'2", located on the south side of
the 8100 Block of Leopard extending through to Stillwell Lane.
(2) City of Corpus Christi - "R= -1B" to "B-4", located north df
Olympia Drive and east of Everhart Road, behind the Country Club
Shopping Center,
(3) Mr, Justo Contreas - "R -1B" to "R-2", located co the north side
ofEasternStreet at its Intersection with Old Brownsville Road.
(4) Mr, Tony Juarez, Jr, - "R -1B" to "AB", located on the southwest
cornerofBaldwin Boulevard and Cleo Street.
(5) Mr. J. B. Wright - "A-2" and a Special Permit to "B-5", located
on the east side of South Alameda between Hancock and Coleman Streets
(6) Text Amendments - Screening fences,
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December 26, 1973 - Page 4
b. That a public hearing be held on January 9, 1974 to change the names of
Polaris Street to Gemini Street, and Saturn Drive to Centaurus Street in Starcrest
Place Unit 1 on Navigation Boulevard near Agnes Street. There is already a Polaris
Drive in Flour Bluff and a Saturn Road off of Weber Road south of Saratoga Boulevard.
c. That bids be received at 11:00 a.m., Tuesday, January 15, 1974 for the
following:
(1) A window van for the Police Department's Crime Prevention Program.
(2) A replacement three -wheel motor vehicle for Parking Control.
(3) A communications service monitor for the Radio Shop to provide
frequency checks for radio equipment.
d. That plans and specifications for the construction of a prefab building
for the Police Crime Prevention Section be approved and bids be received on January
23, 1974. The building will contain 480 square feet and will be located on Massey
Street adjacent to the Police parking lot. The cost of providing this space is
included in the approved budget for the City-LEAA (Federal) - State (Criminal Jus-
tice Council) Project.
e. That a contract be awarded to Goodyear Service Stores, Corpus Christi,
for the City's annual requirement of passenger, truck, tractor, trailer, and heavy
equipment tires and tubes for the low bid of $115,497.89. Bids were received from
three firms. Price comparison shows an increase of approximately 7% over 1972-73
prices. (Bid Tab. #91-73)
f. That the bid award made on July 25, 1973 to B. D. Holt Company for two
motor graders for $46,116 be amended to retain a maintainer which was scheduled to
be traded in at a $4,500 estimated value and make the award $50,616. The original
award contemplated trading in two Street Division motor graders, one at $18,000 and
one at $4,500. The Sanitation Division would like to keep one motor grader to maintain
the roads at the Elliott Landfill so that the scraper can operate at maximum efficiency.
The grader will be needed at least until additional earth moving equipment is purchased.
(Bid Tab. #92-73)
g. That the following be approved in connection with the improvement of
Greenwood Drive from Horne Road to Padre Island Drive and West Point Road from Greenwood
to Columbia:
(1) The contract with Burtex Constructors, Inc. be accepted and final
payment of $59,592.54 be approved. Total cost was $514,433.93 which
reflects an underrun of $6,332.01 due to quantity underruns.
(2) That Ordinance 11123, dated October 11, 1973, be revised to adjust the
appropriation for the engineering fees of Munroe & Bass to provide an
additional $10,138.32 and to correspondingly reduce the amount for
construction and related costs.
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Regular Council Meeting
December 26, 1973
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g. Coned:
(3) That the Final Corrected Assessment Roll be adopted. The corrected
roll reflects an increase of $2,305.35 in the assessments from
$128,455.52 to $130,760.87 which is primarily the result of requests
by property owners for additional driveway width.
h. That a contract for $3,800 be approved with Mrs. Ruth Sparks for the
acquisition of Parcel No. 1 for the 15th, 18th and Espinosa Street Improvement Project.
The parcel contains 2534 square feet along 18th Street from Ayers to Isabel at the
Magic Drive-in Property.
i. That Change Order No. 5 be authorized to the Mayfield-Starlite Lane
drainage project under construction by King Construction Company for the installation
of 42" and 36" reinforced concrete pipe, modification of the wing wall at McKenzie Road
structure, and that $3,020 be appropriated. The pipe is needed to carry storm water
from north of McKenzie Road and to control erosion at the drainage structure.
j.
That a change order be approved to the Museum interior completion contract
with J. H. Chapman Construction Company for $4,055.00 for construction of a planter
box and the installation of 3 flagpoles in front of the museum and that an appropriation
of $4,055 from the balance of the Museum Bond Fund ($2,177) and from the undesignated
trust account ($1,878).
k. That the cooperative contract for maintenance and operation of a streamflow
gaging station at Tilden Crossing on the Nueces River west of Three Rivers, be renewed
with the Texas Water Development Board and the United States Geological Survey from
September 1, 1973, through August 31, 1974 for $1,066.00.
1. That the gas cost of fuel clause rate amendment of October 24, 1973, be
amended to provide that gas 'rates will be adjusted beginning with the billing of Cycle
One for the month following the receipt of notice of cost of gas from the supplier in
the event the average cost to the City exceeds 30 cents per M.C.F. The ordinance now
provides that the rate adjustment will be on or before the 10th day following the month
of receipt of billing from the supplier. The wording needs to be clarified to speci-
fically begin with the first cycle after notice of the increase rather than the actual
billing and to pass all costs in excess of 30 cents per M.C.F. on to the consumer.
m. That bids be received at 11:00 a.m., January 22, 1974 on a 1500 Gallon
Crash/Fire Rescue Vehicle for the Airport. The cost of the vehicle will be initially
funded from the Airport Bond Fund; however, a Federal Grant to cover a substantial part
of the cost is expected. The contract will not be awarded unless the grant is received.
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Regular Council Meeting
December 26, 1973
Page 6
n. That the scope of the Oso Bay Fishing Pier and Boat Ramp Project be
changed to award the bridge modification to a fishing pier including the access to
the bridge from both sides at a cost of $44,483.00 as per proposal of W. T. Young
Construction Company and to delete the boat ramp from the contract. Water movement
including tides and storms make the original site for the ramp undesirable. The
plans will be modified to move the boat ramp to the shore of Corpus Christi Bay west
of Oso Bridge.
o. That authority be granted to the Federal Aviation Agency to install and
operate an approach light system and instrument landing system serving the north -south
runway. The agreement will assure FAA of the right to operate the facilities for 10
years. When completed, the Airport will have instrument landing facilities on both
runways.
p. That a resolution be approved and forwarded to the Texas Water Quality
Board and the Environmental Protection Agency setting forth a project schedule for
E.P.A. Project No. WPC-TEX-899 which includes a wastewater plant and collector mains
on Padre Island and a lift station and collector mains to serve the Clarkwood-San Juan
area. Submission of this resolution is required by Environmental Protection regulations.
q. That the City Attorney be authorized to enter into Agreed
Judgments in connection with various delinquent tax suits filed by the City of Corpus
Christi against Exxon, Sun, Shell and Atlantic Richfield Oil Companies. These suits
are the outgrowth and vehicle whereby the annexation controversy against the same
companies now pending in the Court of Civil Appeals will be settled.
Motion by Lozano, seconded by Ricardo Gonzalez and passed, Commissioner Stark
abstaining on Item "q", that the City Manager's Reports Items "a" through "q", be
accepted, and the requests and recommendations be granted and approved as presented
by City Manager Townsend.
Mr. Townsend presented the pending item of Application #1073-10, Mr. Diomede
Grissino, for change of zoning from "R-2" to "A-1" on a 3.47 acre tract out of Lot 14,
Section 8 and Lot 3, Section C, Paisley Subdivision of the Hoffman Tract, on which a
public hearing was held on November 21, 1973 and denied but in lieu a special permit
was granted for an apartment complex not to exceed 66 units subject to a site plan
being submitted and provision for adequate access throughout the property. Mr.
Townsend stated the site plan had been received and is in order. He presented the site
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Regular Council Meeting
December 26, 1973
Page 7
plan to the Council.
Motion by Ricardo Gonzalez, seconded by Branch and passed, that the site plan
be approved, and an ordinance be brought forward effectuating the special permit.
Relative to recommendation "q" in connection with Agreed Judgments regarding
various delinquent tax suits filed against Exxon, Sun, Shell, and Atlantic Richfield
Oil Companies, City Manager Townsend stated a separate motion was necessary.
Motion by Lozano, seconded by Branch and passed, Stark abstaining, that the
City Attorney be authorized to enter into Agreed Judgments with the Defendants in
connection with the following tax suits:
No. 120,251-D, City of Corpus Christi v. Shell Oil Company
No. 120,2.52-D, City of Corpus Christi v. Atlantic Richfield Company
No. 120,253-D, City of Corpus Christi v. Sun Oil Company, et al
No. 120,254-D, City of Corpus Christi v. Exxon Corporation, et al.
all as set forth in the Agreed Judgments, a copy of each being attached hereto and
made a part hereof by reference.
FIRST READING OF AN ORDINANCE AMENDING ORDINANCE NO. 11755, PASSED AND APPROVED BY
THE CITY COUNCIL ON OCTOBER 24, 1973, PROVIDING A NEW SCHEDULE OF GAS RATES FOR ALL
CUSTOMERS OR CONSUMERS OF THE CITY -OWNED GAS DISTRIBUTION SYSTEM, BY AMENDING SECTION
2 OF SAID ORDINANCE TO HEREAFTER PROVIDE FOR RATE ADJUSTMENT TO PASS ON TO THE CONSUMER
THE FULL AMOUNT OF SUCH COST OF GAS IN EXCESS OF 30 CENTS PER MCF; PROVIDING A SEVER-
ANCE CLAUSE; AND PROVIDING FOR PUBLICATION.
The foregoing ordinance was read for the first time and passed to its second
reading by the following vote: Luby, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano,
and Stark, present and voting "Aye"; Acuff absent.
FIRST READING OF AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A LICENSE WITH
THE UNITED STATES OF AMERICA FOR USE BY THE FEDERAL Au°IATION ADMINISTRATION OF AN
AREA AT THE CORPUS CHRISTI INTERNATIONAL AIRPORT FOR INSTALLATION AND OPERATION OF
MALSR, INSTRUMENT LANDING SYSTEM SITES, M/M, GLIDE SLOPE & LOCALIZER FACILITIES, AS
MORE FULLY SET OUT IN THE LICENSE, A COPY OF WHICH IS ATTACHED HERETO AND MADE A
PART HEREOF, MARKED EXHIBIT "1"
The foregoing ordinance was read for the first time and passed to its second
reading by the following vote: Luby, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano,
and Stark, present and voting "Aye"; Acuff absent.
SECOND READING OF AN ORDINANCE AMENDING ORDINANCE NO. 8294, KNOWN AS THE BAY DRILLING
O'RDINANCE, AS AMENDED, BY DELETING THE PRESENT SUBSECTION 19.4 AND IN LIEU THEREOF
SUBSTITUTING A NEW SUBSECTION 19.4 SO AS TO, IN CERTAIN CASES, WAIVE THE STORM CHOKE
REQUIREMENT IN FLOWING WELLS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION,
The foregoing ordinance was read for the second time and passed to its third
reading by the following vote: Branch, Tom Gonzales, Ricardo Gonzalez, Lozano, and
Stark, present and voting "Aye"; Luby voting "Nay"; Acuff absent.
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Regular Council Meeting
December 26, 1973
Page 8
ORDINANCE NO, 11848
THIRD READING OF AN ORDINANCE AMENDING ORDINANCE NO, 8294, AS AMENDED, COMMONLY
REFERRED TO AS "THE BAY DRILLING ORDINANCE" REGULATING OPERATIONS FOR PRODUCTION
OF OIL AND GAS, SO AS TO MORE CLEARLY DEFINE AND REGULATE OPERATIONS THAT MAY BE
CONDUCTED ON CERTAIN ISLANDS IN THE BAY PARK AND RECREATION AREA UNDER CERTAIN
CIRCUMSTANCES BY ADDING A NEW SUBPARAGRAPH "C" TO SECTION 6,2, ORDINANCE N0, 8294;
PROVIDING FOR SEVERABILITY; PROVIDING FOR PUBLICATION,
The foregoing ordinance was read for the third time and passed finally by
the following vote: Luby, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano, and Stark,
present and voting "Aye"; Acuff absent.
ORDINANCE NO, 11849
AUTHORIZING THE CITY MANAGER TO EXECUTE DOCUMENTS NECESSARY FOR THE ACQUISITION OF
PARCEL NO. 1 FOR THE 15TH, 18TH AND ESPINDSA STREET IMPROVEMENT PROJECT NO, 220-67-92,9,
FROM RUTH SPARKS, A WIDOW; APPROPRIATING OUT OF THE 220 STREET BOND FUND $3,800,00
FOR ACQUISITION BY RIGHT-OF-WAY DEED AND DEDICATION OF THE AFORESAID PARCEL; AND
DECLARING AN EMERGENCY,
The Charter Rule was suspended and the foregoing ordinance was passed by
the following vote: Luby, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano, and Stark,
present and voting "Aye"; Acuff absent,
ORDINANCE NO, 11850
AUTHORIZING EXECUTION OF CHANGE ORDER NO, 1 TO THE CONTRACT FOR CONSTRUCTION OF
INTERIOR FINISHING, PHASE TWO, CORPUS CHRISTI MUSEUM WITH Jo H. CHAPMAN CONSTRUCTION
COMPANY, SAID CHANGE ORDER PROVIDING FOR THE INSTALLATION OF THE THREE FLAGPOLES
AND ONE EXPOSED AGGREGATE PLANTER BOX; APPROPRIATING $4,055 OF WHICH $2,177,38 IS
FROM N0, 299 SPECIAL PROJECIS FUND APPLICABLE TO PROJECT NO, 299-70-2, AND $1,877.62
IS FROM NO. 111 TRUST FUND, ACCOUNT NO, 1726; AND DECLARING AN EMERGENCY,
The Charter Rule was suspended and the foregoing ordinance was passed by
the following vote: Luby, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano, and Stark,
present and voting "Aye'; Acuff absent.
ORDINANCE NO, 11851
AUTHORIZING EXECUTION OF CHANGE ORDER NO, 5 TO THE CONTRACT FOR CONSTRUCTION ON
MAYFIELD-STARLITE LANE AREA DRAINAGE IMPROVEMENTS WITH KING CONSTRUCTION COMPANY;
APPROPRIATING $3,020 OUT OF NO, 296 STORM SEWER BOND FUND APPLICABLE TO PROJECT
296-70-1; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance was passed by
the following vote: Luby, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano, and Stark,
present and voting "Aye'; Acuff absent,
ORDINANCE NO, 11852
AUTHORIZING THE CITY MANAGER TO EXECUTE A COOPERATIVE AGREEMENT WITH THE TEXAS WATER
DEVELOPMENT BOARD AND THE UNITED STATES GEOLOGICAL SURVEY FOR THE OPERATION OF A
STREAMFLOW STATION AT THE TILDEN CROSSING ON THE NUECES RIVER WEST OF THREE RIVERS,
TEXAS, AT A COST OF $1,066, ALL AS MORE FULLY SET FORTH IN THE CONTRACT, A COPY OF
WHICH I.S ATTACHED HERETO, MARKED EXHIBIT "A"; AND DECLARING AN EMERGENCY,
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Regular Council Meeting
December 26, 1973
Page 9
The Charter Rule was suspended and the foregoing ordinance was passed by
the following vote: Luby, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano, and Stark,
present and voting"Aye"; Acuff absent.
ORDINANCE NO. 11853
AMENDING ORDINANCE NO. 11123, PASSED AND APPROVED BY THE CITY COUNCIL ON OCTOBER 11,
1972 SO AS TO REVISE THE APPROPRIATION OF FUNDS FOR THE AWARD OF A CONTRACT TO BURTEX
CONSTRUCTORS, INC. FOR GREENWOOD AND WEST POINT ROAD STREET IMPROVEMENTS SO THAT
SAID REVISION WILL PROVIDE THAT OF THE APPROPRIATION OF $545,000 THE SUM OF $514,621.43
WILL BE FOR THE CONSTRUCTION CONTRACT, $10,138.32 FOR THE ADDITIONAL ENGINEERING FEES
OF MUNROE & BASS, CONSULTING ENGINEERS, AND $20,240.25 WILL BE FOR CONTINGENCIES AND
INCIDENTAL EXPENSES; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance was passed by
the following vote: Luby, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano, and Stark,
present and voting "Aye"; Acuff absent.
ORDINANCE NO. 11854
AMENDING ORDINANCE NO. 11122, PASSED AND APPROVED ON OCTOBER 11, 1972, BY AMENDING
SECTION 3 OF SAID ORDINANCE SO AS TO CORRECT AND ADJUST THE ASSESSMENTS LEVIED AGAINST
ABUTTING PROPERTY OWNERS ON THE FOLLOWING STREETS:
1. Greenwood Drive, from the north right of way line of South Padre Island
Drive (S.H. 358) to the south right of way line of Horne Road; and
2. West Point Road, from the west right of way line of Greenwood Drive
to the east right of way line of Columbia Parkway,
AS HEREINAFTER PROVIDED; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance was passed by
the following vote: Luby, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano, and Stark,
present and voting "Aye"; Acuff absent.
RESOLUTION NO. 11855
ADOPTING A PROJECT SCHEDULE IN CONNECTION WITH THE PADRE ISLAND COLLECTION & TREATMENT
SYSTEM AND THE CLARXWOOD COLLECTION SYSTEM, E.P.A. PROJECT NO. WPC -Tex -899, FOR WHICH
A GRANT APPLICATION HAS BEEN MADE TO THE TEXAS WATER QUALITY BOARD AND THE ENVIRONMENTAL
PROTECTION AGENCY PURSUANT TO THE FEDERAL WATER POLLUTION CONTROL ACT AMENDMENTS OF
1972, PUBLIC LAW 92-500, AND THE REGULATIONS AND RULES THERETO, THE PROJECT SCHEDULE
BEING MORE FULLY SET FORTH HEREINAFTER; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing resolution was passed by
the following vote: Luby, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano, and Stark,
present and voting "Aye"; Acuff absent,
ORDINANCE N0. 11856
CLOSING THE PUBLIC ALLEY THROUGH BLOCK 2 OF THE SANTA ELENA ADDITION, BETWEEN HIDALGO
AND ITURBIDE STREETS; RETAINING EASEMENTS FOR ALL EXISTING UTILITIES IN THE FULL WIDTH
OF THE ALLEY; PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance was passed by
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Page 10
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ORDINANCE NO. 11857
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 PARTICUTALY AS AMENDED, UPON APPLICATION OF DIOMEDE
GRISSINO BY GRANTING A SPECIAL COUNCIL PERMIT FOR APARTMENT UNITS, SUBJECT TO THE CONDITIONS
HEREINAFTER SET FORTH, ON 3.47 ACRES OF LAND OUT OF LOT 14, SECTION HAND LOT 3, SECTION C,
PAISLEY SUBDIVISION OF THE HOFFMAN TRACT, MORE FULLY DESCRIBED HEREINAFTER, SITUATED IN THE
CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS; 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 follow-
ing vote: Luby, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting
"Aye"; Acuff absent.
Commissioner Branch requested that City Manager Townsend check into the Community
Action Agency's employment procedures, stating that he had been made aware through a check
of this office by the City Manager that the Agency employs approximately 1 Black, 2 Anglos, and
the remainder are Mexican -Americans. He stated this does not reflect the ethnic balance of
the poor in the community in its top leadership and does not follow the guidelines for expen-
diture of Feceral funds. City Manager Townsend stated he had already begun a study of the
Community Action Agency Staff and made reference to an organization chart of the CAA in his
office. He stated he would have a report next week.
,.:Minta rvr ,eLiLiuus ur iniormec].vu Iron cne uouncll on matters not
scheduled on the agenda.
Mr. James Hendershot, secretary of the local GI Forum Unit, appeared and complained
that the Red Carpet Committee did not welcome the Forum's National Chairman, Mr. Tony Gallegos,
when he visited the City on December 14, 1973. He stated a routine request had been made to
the City two days in advance but had been told the request should be made at least one week
in advance. He stated he felt this was very important and the Forum was very disappointed. Mr.'
Hendershot. inquired as to .the names of the Red Carpet Committee, who makes the appointments,
who makes the arranoementa, sand if n,, week's nnrire is ,n CAM. r ,.i rad vo craroA rhar iF
this is true,.the GI Forum requests that additional members be appointed to be more responsive
on short notice to such requests and for more representative balance of ethnic groups.
Commissioner Lozano explained that the Red Carpet Committee is part of the Buccaneer
Commission, is mostly made up of businessmen who cannot always be available'without sufficient
. notice, and the City's only involvement is to relay the requests to the Buccaneer Commission
Director who tries to get as many as possible to go to the Airport. City Secretary Kring
stated he received the call from Mr. Hendershot two days prior to Mr. Gallegos' arrival
a
l and immediately called Mr. Bob Finke of the Buccaneer Commission who advised that the time
was short because of the Christmas Holidays. Mr. Kring stated he had relayed this message
__ .._._-
Mr. Hendershot was advised by the Council to appear before the Buccaneer Commission
anti ;.address ;the ccompia ,nt oto tir, lob Fluke, ,coordinator, who Would gxj,ng
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Regular Council Meeting
December 26, 1973
Page 11
the matter to the attention of the officers of the Commission. Mr. Hendershot read
a letter addressed to Mayor Luby dated December 26, 1973 and signed by Dr. Hector P.
Garcia, expressing appreciation for the mayor's taking time from his busy schedule to
be on hand at the Airport for the G. I. Forum's National Chairman's arrival. He
presented Mayor Luby with a membership pin in the organization.
Mr. Wm. N. Cones, Agent for Kelly Bell Oil Company, reported to the Council
that satisfactory arrangements had been worked out with Mr. Keith Lane and Mrs. M. L.
Field for their removal from their present residence to insure that they will not be
disturbed or inconvenienced during drilling operations, and asked that the permit be
granted on that basis.
There being no further business to come before the Council, motion by Lozano,
seconded by Ricardo Gonzalez and passed, that the meeting be adjourned at 3:40 p.m.,
December 26, 1973.
I, JASON LUBY, Mayor of the City of Corpus Christi, Texas, certify that the foregoing
minutes, same being for the period of December 12, 1973, to December 26, 1973, inclusive,
and having been previously approved by Council.action, are by me hereby approved.
JASON LUBY, Mayor
City of Corpus Christi, Texas
MOTION
moved and
DE ..:
F .ECE721Ej —
City vlanager
seconded the motion that the City Attorney be authorized to enter into
Agreed Judgments with the Defendants in connection with the following
tax suite:
No. 120,251-D, City of Corpus Christi v. Shell Oil Company
No. 120,252-D, City of Corpus Christi v. Atlantic Richfield
Company
No. 120,253-D, City of Corpus Christi v. Sun 011 Company, et al
No. 120,254-D, City of Corpus Christi v. Exxon Corporation, et al
all as set forth in the Agreed Judgments, a copy of each being attached hereto
and made a part hereof by reference.
Motion carried unanimously.
11111 MLM:jkh:12-21-73;
NO. 120,251-D
CITY OF CORPUS CHRISTI I IN THE 105TH DISTRICT COURT
V. X OF
SHELL OIL COMPANY I NUECES COUNTY, TEXAS
JUDGMENT
Be it remembered that on this the day of December, 1973,
in the above styled and numbered cause, wherein the City of Corpus Christi
is Plaintiff and Shell Oil Company is Defendant, came the Plaintiff and
Defendant by their attorneys and represented to the Court as follows:
Whereas, the issues involving the City's annexation of the terri-
tory embracing the properties of Defendant and for which taxes in the subject
suits were assessed have been satisfactorily settled as to all said issues
in controversy in the Court of Civil Appeals for the Thirteenth Supreme
Judicial District, and
Whereas. there is a substantial issue in this eaFe as to whvrhar
or not any of the properties of the Defendant herein assessed by the Plaintiff
were within the corporate limits of the City of Corpus Christi in the years
1971 and 1972, and
Whereas, the City and Shell have duly considered said issues as
the same directly affect the claims and defenses asserted herein, and
Whereas, the City Council of the City of Corpus Christi, mindful
of the immediate revenue needs of the City of Corpus Christi, has authorized
by lawful Motion the dispositions herein made, and
Whereas, the further prosecution of this suit for the amounts
indicated in the papers in this cause has been affected by the settlement
of the controversies above mentioned, and
Whereas, the immediate collection of taxes hereinbelow legally
due 1s to the benefit of the people of Corpus Christi and additionally will
void protracted and expensive appeals and the institution of cther suits
=relative to the matters herein disposed of, and
Whereas, the parties have determined that the following amounts
and assessments are validly and legally due the City of Corpus Christi for
the properties described in the. Oris;'.^aI Petition:
ROLL YEAR CITY TAX
CITY INTEREST TOTAL TAXES INTEREST
AND COST AND COST
1971 $1,049.90
1972 1,735.97
$267.72
338.41.
$1,317.62
2,074.38
TOTAL $3,392.00
It is, therefore, ORDERED, ADJUDGED and DECREED by the Court
that this compromise settlement, as above represented by the parties hereto,
be ordered, and that the aforesaid taxes agreed to by the parties are hereby
adjudged and decreed to be legally due the City of Corpus Christi in accordance
with the representations of the parties above stated.
It is FURTHER ORDERED, ADJUDGED and DECREED that Plaintiff City
of Corpus Christi recover of Defendant Shell Oil Company the amount of
Three Thousand Three Hundred Ninety -Two and No/100 Dollars ($3,392.00)
representing taxes and interest legally due for the years 1971 and 1972
for the properties described in the Original Petition.
It is FURTHER ORDERED, ADJUDGED and DECREED by the Court that
the payment of the taxes herein shall be paid forthwith to the City of
Corpus Christi or its order upon this judgment becoming final, for which
let execution issue if not timely paid.
It is FURTHER ORDERED, ADJUDGED and DECREED that when this Judgment
becomes final that the appeal of the Defendant styled Humble Oil & Refining
Company, et al, Appellants, vs. City of Corpus Christi, Texas, Appellee,
No. 771 in the Court of Civil Appeals for the Thirteenth Supreme Judicial
District, Corpus Christi, Texas, will be dismissed by the Defendant herein
and costs taxed to the Defendant.
All relief sought in this cause and not herein specially granted
is hereby denied.
It is FURTHER ORDERED, ADJUDGED and DECREED by the Court that
costs of this suit be divided equally against the Plaintiff and the Defendant,
for which let execution issue if the same be not timely paid.
SIGNED and ORDERED ENTERED this the day of December, 1973.
Judge Presiding
APPROVED:
James R. Riggs, City Attorney
ATTORNEY FOR PLAINTIFF
CITY OF CORPUS CHRISTI
William H. Keys
ATTORNEY FOR DEFENDANT
SHELL OIL COMPANY
'1111 MLM:skh:12-21-73; 1
•
CITY OF CORPUS CHRISTI
V.
SUN OIL COMPANY, ET AL
N0. 120,253-D
1
JUDGMENT
IN THE 105TH DISTRICT COURT
OF
NUECES COUNTY, TEXAS
Be it remembered that on this the day of December, 1973,
in the above styled and numbered cause, wherein the City of Corpus Christi
is Plaintiff and Sun Oil Company is Defendant, came the Plaintiff and
Defendant by their attorneys and represented to the Court as follows:
Whereas, the issues involving the City's annexation of the terri-
tory embracing the properties of Defendant and for which taxes in the subject
suits were assessed have been satisfactorily settled as to all said issues
in controversy in the Court of Civil Appeals for the Thirteenth Supreme
Judicial District, and
Whereas, there is a substantial issue in this case as to whether
or not any of the properties of the Defendant herein assessed by the Plaintiff
were within the corporate limits of the City of Corpus Christi in the years
1971 and 1972, and
Whereas, the City and Sun have duly considered said issues as the
same directly affect the claims and defenses asserted herein, and
Whereas, the City Council of the City of Corpus Christi,mindful
of the immediate revenue needs of the City of Corpus Christi, has authorized
by lawful Motion the dispositions herein made, and
Whereas, the further prosecution of this suit for the amounts
indicated in the papers in this cause has been affected by the settlement
of the controversies above mentioned, and
Whereas, the immediate collection of taxes hereinbelow legally
due is to the benefit of the people of Corpus Christi and additionally
will avoid protracted and expensive appeals and the institution of other
suits correlative to the matters herein disposed of, and
Whereas, the parties have determined that the following amounts
and assessments are validly and legally due the City of Corpus Christi for
the properties described in the Original Petition:
ROLL YEAR
CITY TAX CITY INTEREST
AND COST
TOTAL TAXES INTEREST
AND COST
1971 $10,687.88 $2,725.40 $13,413.28
1972 6,742.00 1,314.72 8,056.72
TOTAL $21,470.00
It is, therefore, ORDERED, ADJUDGED and DECREED by the Court
that this compromise settlement, as above represented by the parties hereto,
be ordered, and that the aforesaid taxes agreed to by the parties are hereby
adjudged and decreed to be legally due the City of Corpus Christi in
accordance with the representations of the parties above stated.
It is FURTHER ORDERED, ADJUDGED and DECREED that Plaintiff City
of Corpus Christi recover of Defendant Sun 0i1 Company the amount of
Twenty -One Thousand Four Hundred Seventy and No/100 Dollars ($21,470.00)
representing taxes and interest legally due for the years 1971 and 1972
for the properties described in the original petition.
It is FURTHER ORDERED, ADJUDGED and DECREED by the Court that
the payment or- the taxes nereln snail be paid rorthwith to tae City of
Corpus Christi or its order upon this judgment becoming final, for which
let execution issue if not timely paid.
It is FURTHER ORDERED, ADJUDGED and DECREED that when this Judgment
becomes final that the appeal of the Defendant styled Humble Oil & Refining
Company, et al, Appellants, v. City of Corpus Christi, Texas, Appellee,
No. 771 in the Court of Civil Appeals for the Thirteenth Supreme Judicial
District, Corpus Christi, Texas, will be dismissed by the Defendant herein
and costs taxed to the Defendant.
All relief sought in this cause and not herein specially granted
is hereby denied.
It is FURTHER ORDERED, ADJUDGED and DECREED by the Court that
costs of this suit be divided equally against the Plaintiff and the
Defendant, for which let execution issue if the same be not timely paid.
SIGNED and ORDERED ENTERED this the day of December,
1973.
Judge Presiding
APPROVED:
James R. Riggs, City Attorney
ATTORNEY FOR PLAINTIFF
CITY OF CORPUS CHRISTI
William H. Keys
ATTORNEY FOR DEFENDANT
SUN OIL COMPANY
CITY OF CORPUS CHRISTI
v.
EXXON CORPORATION, ET AL
NO. 120,254-D
X IN THE 105TH DISTRICT COURT
OF
1 NUECES COUNTY, TEXAS
JUDGMENT
Be it remembered that on this the day of December, 1973, in
the above styled and numbered cause, wherein the City of Corpus Christi is
Plaintiff and Exxon Corporation and Sun Oil Company are Defendants, came the
Plaintiff and Defendants by their attorneys and represented to the Court as
follows:
Whereas, the issues involving the City's annexation of the terri-
tory embracing the properties of Defendant and for which taxes in the subject
suits were assessed have been satisfactorily settled as to all said issues
in controversy in the Court of Civil Appeals for the Thirteenth Supreme
Judicial District, and
Whereas, there is a substantial issue in this case as to whether
or not any of the properties of the Defendant herein assessed by the Plaintiff
were within the corporate limits of the City of Corpus Christi in the years
1971 and 1972, and
Whereas,City,:Ecxon and Sun. have duly considered said issues as
the same directly affect the claims and defenses asserted herein, and
Whereas, the City Council of the City of Corpus Christi, mindful
of the immediate revenue needs of the City of Corpus Christi, has authorized
by lawful Motion the dispositions herein made, and
Whereas, the further prosecution of this suit for the amounts
indicated in the papers in this cause has been affected by the settlement
of the controversies above mentioned, and
Whereas, the immediate collection of taxes hereinbelow legally
due is to the benefit of the people of Corpus Christi and additionally will
avoid protracted and expensive appeals and theinstitution of other suits
correlative to the matters herein disposed of, and
Whereas, the parties have determined that the following amounts
and assessments are validly and legally due the City of Corpus Christi for
the properties described in the Original Petition:
ROLL YEAR CITY TAX
CITY INTEREST
AND COST
TOTAL TAXES INTEREST
AND COST
1971
1972.
$175,855.85
127,249.00
$44,845.59
24,814.56
$220,701.44
152,063.56
TOTAL $372,765.00
It is, therefore, ORDERED, ADJUDGED and DECREED by the Court
that this compromise settlement, as above represented by the parties hereto,
be ordered, and that the aforesaid taxes agreed to by the parties are hereby
adjudged and decreed to be legally due the City of Corpus Christi in accordance
with the representations of the parties above stated.
It is FURTHER ORDERED, ADJUDGED and DECREED that Plaintiff City of
Corpus Christi recover of Defendant Exxon Corpo,ation, formerly doriag business
as Humble Oil & Refining Company, and Sun 031 Company the amount of Three Hundred
Seventy -Two Thousand Seven Hundred Sixty -Five and No/100 Dollars ($372,765.00)
representing taxes and interest legally due for the years 1971 and 1972
for the properties described in the original ppririon,
It is FURTHER ORDERED, ADJUDGED and DECREED by the Court that the
payment of the taxes herein shall be paid forthwith to the City of Corpus
Christi or its order upon this judgment becoming final, for which let
execution issue if not timely paid.
It is FURTHER ORDERED, ADJUDGED and DECREED that when this Judgment
becomes final that the appeal of the Defendant sytled Humble Oil & Refining
Company, et al, Appellants, vs. City of. Corpus Christi, Texas, Appellee,
No. 771 in the Court of Civil Appeals for the Thirteenth Supreme Judicial
District, Corpus Christi, Texas, will be dismissed by the Defendant herein
and costs taxed to the Defendant
All relief sought in this cause and not herein specially granted
is hereby denied.
It is FURTHER ORDERED, ADJUDGED and DECREED by the Court that
costs of this suit be divided equally against the Plaintiff and the Defendant,
for which let execution issue if the same be not timely paid.
SIGNED and ORDERED ENTERED this the day of December, 1973.
Judge Presiding
APPROVED:
James R. Riggs, City Attorney
ATTORNEY FOR PLAINTIFF
CITY OF CORPUS CHRISTI
William H. Keys
ATTORNEY FOR DEFENDANTS
EXXON CORPORATION
and SUN OIL COMPANY
CITY OF CORPUS CHRISTI
V.
ATLANTIC RICHFIELD COMPANY
NO. 120,252—D
X
X
X
JUDGMENT
IN THE 105TH DISTRICT COURT
OF
NUECES COUNTY, TEXAS
Be it remembered that on this the day of December, 1973,
in the above styled and numbered cause, wherein the City of Corpus Christi
is Plaintiff and Atlantic Richfield Company is Defendant, came the Plaintiff
and Defendant by their attorneys and represented to the Court as follows:
Whereas, the issues involving the City's annexation of the terri—
tory embracing the properties of Defendant and for which taxes in the subject
suits were assessed have been satisfactorily settled as to all said issues
in controversy inthe Court of Civil Appeals for the Thirteenth Supreme Judicial
District, and
Whereas. there is a substantial tissue in this case as to whether
or not any of the properties of the Defendant herein assessed by the Plaintiff
were within the corporate limits of the City of Corpus Christi in the years
1971 and 1972, and
Whereas, the City and Atlantic Richfield have duly considered said
issues as the same directly affect the claims and defenses asserted herein,
and
Whereas, the City Council of the City of Corpus Christi, mindful
of the immediate revenue needs of the City of Corpus Christi, has authorized
by lawful Motion the dispositions herein made, and
Whereas, the further prosecution of this suit for the amounts
indicated in the papers in this cause has been affected by the settlement
of the controversies above mentioned, and
Whereas, the immediate collection of taxes hereinbelow legally
due is to the benefit of the people of Corpus Christi and additionally will
avoid protracted and expensive appeals and the institution of other suits
correlative to the matters herein disposed of, and
Whereas, the parties have determined that the following amounts
and assessments are validly and legally due the City of Copus Christi for
the properties described in the Original Petition:
ROLL YEAR
1971
1972
CITY TAX
$21,921.37
21,466.48
CITY INTEREST
AND COST
TOTAL TAXES INTEREST
AND COST
$5,590.95
4,185.20
$27,512.32
25,651.68
TOTAL $53,164.00
It is, therefore, ORDERED, ADJUDGED and DECREED by the Court
that this compromise settlement, as above represented by the parties hereto,
be ordered, and that the aforesaid taxes agreed to by the parties are hereby
adjudged and decreed to be legally due the City of Corpus Christi in accordance
with the representations of the parties above stated.
It is FURTHER ORDERED, ADJUDGED and DECREED that Plaintiff City
of Corpus Christi recover of Defendant Atlantic Richfield Company the amount
of nifty—Three Thousand One Hundred Sixty -Four and No/100 Dollars ($53,164.00)
representing taxes and interest legally due for the years 1971 and 1972 for
the properties described in the Original Petition.
It is FURTHER ORDERED, ADJUDGED and DECREED by the Court that
the payment of the taxes herein shall be paid forthwith to the City of
Corpus Christi or its order upon this judgment becoming final, for which
let execution issue if not timely paid.
It is FURTHER ORDERED, ADJUDGED and DECREED that when this Judgment
becomes final that the appeal of the Defendant styled Humble Oil & Refining
Company, et al, Appellants, vs. City of Corpus Christi, Texas, Appellee,
No. 771 in the Court of Civil Appeals for the Thirteenth Supreme Judicial
District, Corpus Christi, Texas, will be dismissed by the Defendant herein
and costa taxed to the Defendant.
All relief sought in this cause and not herein specially granted
is hereby denied.
It is FURTHER ORDERED, ADJUDGED and DECREED by the Court that
costs of this suit be divided equally against the Plaintiff and the Defendant,
for which let execution issue if the same be not timely paid.
SIGNED and ORDERED ENTERED this the day of December, 1973.
Judge Presiding
APPROVED:
James R. Riggs., City Attorney
ATTORNEY FOR PLAINTIFF
CITY OF CORPUS CHRISTI
William H. Keys
ATTORNEY FOR DEFENDANT
ATLANTIC RICHFIELD COMPANY