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HomeMy WebLinkAboutMinutes City Council - 08_19_1958 to 10_21_1959MINUTES VOL. S CITY OF CORPUS CHRISTI SPECIAL COUNCIL MEETING August 19, 1958 2:00 p. m. PRESENT: Mayor Farrell D. Smith Commissioners•. W. J. RobertsActing�City Manager I. M. Singer B. E. Bigler Asst City Attorney J. F. Park Charlie J. Aills City Secretary T. Ray Kring Arthur R. James Odell Ingle Mayor Farrell D. Smith called the meeting to order. City Secretary Kring called the roll of those in attendance. Mayor Smith announced the purpose of the special meeting was for public hearing on 5 zoning applications and an application for a Special Council Permit. First was the application of F. F. Duke and others, for a change in zoning from "R-1" Single Family Dwell ing District to "B-3" Secondary Business District on a portion out of the northwest k of Lot 11, Section C, Paisley Subdivision of the Hoffman Tract, and Lots 9 and 10, Block 4, Sunflower Addition No. 2, and all of Jerry Place, all being located on the south side of Gollihar Road, between Evelyn Street and a point 140' east of Christie Street. Mayor Smith read the recommendation of the Zoning & Planning Commission for denial on the basis that it is not in line with the true character of the neighborhood and, further, would be spot zoning. R. W. Burr, Senior Planner, located the property on the map and provided the background of the applicati W. R. Anderson, attorney, represented the applicants, explained the proposed development of the property and operation and the necessity to remove the property from the non -conforming category in order to do so; presented letters of two opponents to the application withdrawing their opposition; and mentioned that deed restrictions, if any, had not been checked. advisement. No one appeared in opposition to the application. Motion by James, seconded by Ingle and passed that the hearing be closed, and the application taken under Next was the application of Robert A. McAlpin for a change in zoning from "R-1" One -Family Dwelling District to "B-1" Neighborhood Business District on Lot 1-B, of J. N. Laughlin's unrecorded Subdivision, 218' x 208', .. t located on the southwest corner of Kostoryz Road and Houston Street. Mayor Smith read the recommendation of the Zoning & Planning Commission for denial on the basis that it would constitute spot zoning. Mr. Burr located the property on the map, pointed out the zonigg of the surrounding area, and provided the background of the application. Jack Blackmon, attorney, represented the applicant, presented a plat indicating the current use of the property; pointed out that the area up and down the street is largely business; and presented a petition of 33 resi- dents of the area in support of the application filed. Mr. Ed Crvwley, owner of the lot second from the subject property was in favor of the zoning but feels his property should also be zoned B-1". advisement. Mr. McAlpin, the applicant, stated that the property deserves the proper zoning to develop it. No one appeared in opposition to the application. Motion by Ingle, seconded by James and passed that the hearing be closed, and the application taken under Next was the application of W. E. Johnson for a change in zoning from 11R-1" One -Family Dwelling District to 11B-1" Neighborhood Business District on Lot 10, Block 4 Molina Addition No. 1, and being that property at 4226-423 Angela Street. Mayor Smith read the recommendation of the Zoning & Planning Commission for approval with the additional information that in view of the general mixture of land uses in the area this would not strictly constitute spot zoning, that this business development would upgrade the neighborhood. 2 Mr. Burr located the property on the map, pointed out the existing zoning and uses of the surrounding area, and gave the background of the application. Tom Pogue, attorney, represented the applicant, stated that there were no deed restrictions on the pro- perty; submitted a proposed plat of development; presented a petition of 108 signatures in support of the applicatiol; and stated that the applicant would commence the proposed seventy -to -eighty thousand dollar development within 6 months of the granting of the application. Motion by James, seconded by Ingle and passed that hereafter an applicant be required to provide inf tion with regard to deed restrictions. No one appeared in opposition to the application. Motion by Roberts, seconded by Bigler and passed that the hearing be closed, and the application taken under advisement. Next was the application of J. R. Matthews and others, for a change in zoning from "R-2" Two -Family Dwelling District to "A-1" First Apartment House District on Lots 1 through 14, Block 1001, Bay Terrace No. 2, being that property at 1427 through 1453 - 12th Street. Mayor Smith read the recommendation of the Zoning & Planning Commission for denial on the basis that the change would not conform to the general character of the area. Mr. Burr located the property on the map and pointed out the zoning of the surrounding area, and gave the background of the application. Mr. William H. Martin represented the applicant and pointed out the reasons for zoning the property as requested, and stated that development in the area is not conducive to adequate loans for proper development of the area. No one appeared in opposition to the application. Motion by Ingle, seconded by Bigler and passed that the hearing be closed, and the application taken under advisement. Next was the application of V. D. Davidson for a change in zoning from "R-1" Single Family Dwelling Dis- trict to "L -I" Light Industrial District on a tract of land 540' x 372' out of Shares 2 and 3 of the Maupin Tract, located at the rear of 4730 through 4750 Highway #9. Mayor Smith read the recommendation of the Zoning & Planning Commission for approval as a logical exten- sion of the existing Light Industrial zoning in the area. Mr. Burr located the property on the map and pointed out the zoning of the surrounding area, and gave the background of the application. No one appeared either for or in opposition to the application. Motion by James, seconded by Aills and passed that the hearing be closed, and the application be granted Next was the application of Foremost Dairies, Inc. for a Special Council Permit to operate a plant for the processing, storing, packaging, manufacturing and distribution of milk and other dairy products and beverages on property described as Lots "D", "E", "F" and "G", Ross Allen Subdivision, being generally that property located at 4240 Lexington Boulevard and to the rear of 4232 Lexington Boulevard. Mayor Smith read the background of the application and the recommendation of the Zoning & Planning Com- mission for approval subject to a 15' planting strip being provided along the rear of Lots G and F; a restriction against any flashing sign ever being placed facing the residential area to the rear; and a condition that any light- ing of parking or service areas is to be controlled and directed so as not to shine directly into any of the adjoin- ing residential areas. ment. Mr. Burr located the property on the map and pointed out the zoning of the surrounding area. Jake Jarmon, attorney, represented the applicant, and outlined the plans of the applicant for develop- No one appeared in opposition to the application. Motion by Bigler, seconded by Aills and passed that the hearing be closed, and the application be grant subject to a 15' planting strip being provided along the rear of Lots G and F; a restriction against any flashing 3 sign ever being placed facing the residential area to the rear; and a condition that any lighting of parking or service areas is to be controlled and directed so as not to shine directly into any of the adjoining residential areas. There being no further business to come before the Council, the special meeting was adjourned. PRESENT: Mayor Farrell D. Smith Commissioners: W. J. Roberts B. E. Bigler Manuel P. Maldonado Charlie J. Aills Arthur R. James Odell Ingle REGULAR COUNCIL MEETING August 20, 1958 2:00 p. m. Acting City Manager I. M. Singer Asst City Attorney Bernard Schrader City Secretary T. Ray Kring Mayor Farrell D. Smith called the meeting to order. The Invocation was given by Reverend Dr. Carl E. Hereford, Pastor of First Baptist Church. City Secretary Kring called the roll of those in attendance. Motion by Ingle, seconded by James and passed that the minutes of the regular meetings of August 6 and August 13 be approved. Mayor Smith announced the opening of bids. Bids were opened and read on the construction of 2 prefabricated buildings from the following: C. C. Hinchberger Construction Co. Dominy Lumber Co. Motion by James, seconded by Maldonado and passed that the foregoing bids be tabled for 48 hours as re- quired by the City Charter, and referred to the Acting City Manager for tabulation. Mayor Smith announced the Council wished to take action on 4 pending items of zoning application. Motion by Bigler, seconded by James and passed that the application of F. F. Duke and others for a change in zoning from "R-1" Single Family Dwelling District to "B-3" Secondary Business District on a portion out of the northwest k of Lot 11, Section C. Paisley Subdivision of the Hoffman Tract, and Lots 9 and 10, Block 4, Sunflower Addition No. 2, and all of Jerry Place, all being located on the south side of Gollihar Road, between Evelyn Street and a point 140' each of Christie Street, for which public hearing was held August 19, 1958, be denied in accordance with the recommendation of the Zoning & Planning Commission. Motion by Ingle, seconded by Bigler and passed that the application of Robert A. McAlpin for a change in zoning from "R-1" One -Family Dwelling District to 11B-1" Neighborhood Business District on Lot 1-B, of J. N. Laughlin' unrecorded Subdivision, 218' x 208', located on the southwest corner of Kostoryz Road and Houston Street, for which public hearing was held August 19, 1958, be denied in accordance with the recommendation of the Zoning & Planning Commission. Motion by Maldonado, seconded by Ingle and passed that the application of W. E. Johnson for a change in Zoning from "R-1" One -Family Dwelling District to "A-1" First Apartment House District on Lots 1 through 14, Block 4, Molina Addition No. 1, and being that property at 4226-4232 Angela Street, for which public hearing was held August 19, 1958, be denied. Mayor Smith explained that the Council had rejected the foregoing application in this particular spot w the understanding that if the proposed development could be shifted to another location of existing zoning in that area, that it would probably be looked upon with favor. Motion by James, seconded by Roberts and passed that the application of J. R. Matthews and others, for a change in zoning from 11R-21 Two -Family Dwelling District to "A-1" First Apartment House District on Lots 1 through 14, Block 1001, Bay Terrace No. 2, being that property at 1427 through 1453 - 12th Street, for which public hearing was held August 19, 1958, be granted. Mayor Smith announced the Council would next hear the City Manager's Reports. Motion by Bigler, seconded by Roberts and passed that the award of bid for lease of 83.6 acres of land located on the Westside Sewer Plant site be made to C. R. Lehman for a term of 2 years, beginning October 1, 1958, for a total cash bonus of $668.80. (See Bid Tabulation #45 in File). Motion by Roberts,seconded by Bigler and passed that the award of bid for Type K Soft Copper Tubing be made to the Rohan Company for 12,000' 3/411, 6,000' 1", and 400' 2" for a total of $7,017.00; and to South Texas Pipe & Supply Co. for 300' 1k" for $147.00 (See Bid Tabulation #46 in File). Motion by Roberts, seconded by Bigler and passed that the award of bid for 23 items of Brass Service Fittings be made to Crane Company for 6 items for a total of $1,488.60; to Norvell-Wilder Supply Co. for 2 items for a total of $2,058.20; to San Antonio Machine & Supply Co., for 4 items for a total of $4,107.52; and to Wallace Company for a total of $2,981.60; making a grand total of $101635.92. (See Bid Tabulation #47 in File). Motion by Maldonado, seconded by James and passed that the plans and specifications for an Extension to the Small Boat Loading Ramp on the L -Head be approved, and the Acting City Manager be authorized to advertise for bids to be received on Sept. 10. Motion by Bigler, seconded by Roberts and passed that the date of Sept. 10, during the regular meeting be set for a public hearing on an application for an amendment to the zoning ordinance in accordance with the appli cation of the Morgan Avenue Baptist Church. Mayor Smith gave a report on the progress of the Council's investigation of facts and figures prior to the public hearing tentatively set for October 22, 1958, relating to the application of Southwestern Bell Telephone Company for an increase in rates to customers in the Corpus Christi Exchange. Mayor Smith next gave a report on the proposed plans for the development of Oso Tract "C", and announc- ed that a public hearing on this matter would be held on September 3, 1958, and further announced that his only connection with the proposed developing firm of Sabine Developing Co. was that Mr. T. H. Burruss, who represents the firm, had been his former law partner. THIRD READING OF AN ORDINANCE: ORDINANCE NO. 5140 AUTHORIZING AND DIRECTING THE CITY MANAGER OF THE CITY OF CORPUS CHRISTI, TEXAS, TO EXECUTE FOR AND ON BEHALF OF THE CITY AN AGREEMENT WITH C. R. LEHMAN, LEASING CERTAIN LAND AT CUDDIHY FIELD, BEING APPROXIMATELY 35 ACRES OUT OF A 36 ACRE TRACT IN THE NORTHWEST CORNER OF CUDDIHY FIELD, TO BE USED FOR AGRICULTURAL PUR80SES, WHICH AGREEMENT SHALL BE ON THE FORM FOR LEASE OF CUDDIHY FIELD PROPERTY HERETOFORE APPROVED BY THE NAVY. The foregoing ordinance was read for the third time and passed finally by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P1. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye ORDINANCE NO. 5141 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE AN AGREEMENT WITH THE LOWER NUECES RIVER WATER SUPPLY DISTRICT, AGREEING THAT MONTHLY PAYMENTS BY THE CITY TO THE WATER DISTRICT SHALL BE CONSIDERED AS BEING PAID UNDER PROTEST, A COPY OF WHICH AGREEMENT IS ATTACHED HERETO AND MADE A PART HEREOF;. AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye W. J. Roberts Aye, B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye. ?N 5 ORDINANCE NO. 5142 AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE RELEASE OF SPECIAL ASSESSMENTS AS FOLLOWS: (1) IN THE AMOUNT OF $95.76 AGAINST THAT CERTAIN PROPERTY FRONTING 60 FEET ON THE EAST SIDE OF OLD ROBSTOWN ROAD, DESCRIBED AS BEING LOT 8 IN BLOCK 1 OF HILLTOP TERRACE ADDITION, AND THE OWNER THEREOF, W. F. GRIFFITH AND WIFE; (2) IN THE AMOUNT OF $771.58 AGAINST THAT CERTAIN PROPERTY FRONTING 135 FEET ON THE NORTH SIDE OF MORGAN STREET, DESCRIBED AS BEING LOT 11 IN BLOCK 6, OF BAYVIEW ADDITION, AND THE OWNER THEREOF, S. S. HANES; (3) IN THE AMOUNT OF $251.48 AGAINST THAT CERTAIN PROPERTY FRONTING 44 FEET ON THE NORTH SIDE OF MORGAN STREET, DESCRIBED AS BEING THE EAST 1/3 OF LOT 10 IN BLOCK 4 OF BAYVIEW NO. 2 ADDITION, AND THE OWNER THEREOF, H. B. HANSON; A COPY OF WHICH RELEASES ARE ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye FIRST READING OF AN ORDINANCE: AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE A FARM LEASE AGREEMENT OF 83.6 ACRES OF LAND WITH C. R. LEHMAN FOR A TERM OF TWO (2) YEARS BEGINNING OCTOBER 1, 1958 AND ENDING SEPTEMBER 30, 1960. The foregoing ordinance was read for the first time and passed to its second reading by the following Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye Mayor Smith invited anyone in the audience with petitions or information for the Council on matters not scheduled on the agenda to come forward and be heard. Mayor Smith acknowledged receipt of a letter just received, addressed to the Mayor: and Council, dated August 20, 1958, and signed by 0. S. Wyatt, Jr., of Coastal States Gas Producing Co., and Sheridan E. Lewis, of South ern Coast Corporation, which had reference to their bid on Natural Gas Purchases by the City. Mayor Smith acknowledged receipt of a petition signed by 18 property owners and residents of Louisiana Avenue, protesting the installation of the street lights as being unsightly objects and requesting a review of the necessity of street lights in that area, and a more attractive design be used if it is determined that the system is necessary. (See Petition #14 in File). It was announced that the work had been stopped in view of the protest, and at Mrs. W. Armstrong Price's request, the matter of necessity and design was referred to the Park & Recreation Board for study and recommendation. Mrs. W. F. Clawson, 1038 Vernon Drive, appeared with several women from Dona Park, and asked what had been done with reference to their petition requesting a through street and a park or recreation area for the children of the area. (See Petition #13 in File). Mrs. Price, Chairman of the Park & Recreation Board, stated that there is a 6 -acre tract of land avail- able at $2750.00 per acre for a park, which would be divided by the street requested, but would still be very desir- able in that area. At Mrs. Price's request, the matter was referred to the Park & Recreation Board for study and recommenda- tion, and it was pminted out that the information with regards to the street would probably be received from the En- gineering Department within a few days. Mr. R. D. Turner, 3929 Brawner Parkway, appeared with several residents of the area, and presented a tition of 80 signatures, requesting the development of the 3900, 4000, 4100 and 4200 blocks of the Brawner Parkway immediately after the development of that portion of Brawner Parkway between South Staples and Alameda Streets on the 6 basis that this portion is presently well graded, and drainage satisfactory, that the planting at this time would stop erosion, eliminate future regrading, and greatly enhance the landscape in front of residences already occupied instead of large areas with no residences facing the parkway. (See Petition X15 in File). Mrs. Price requested that this matter be referred to the Park & Recreation Board,and pointed out that the City -owned property immediately west of Alameda should be graded and maittained. Mayor Smith explained that the development of Brawner Parkway was of necessity being done in segments, that the first segment presently being developed was that portion between South Staples and Alameda, and that the second segment had not yet been determined. The petition was accepted, and referred to the Park & Recreation Board for their information. Mayor Smith announced the Council would next hold the public hearing on the assessments against abut- ting property owners for the improvement of Lipan Street from 19th Street to Palm Drive, Palm Drive to Old Robs - town Road, and Old Robstown Road to Highway No. 9. Assistant City Attorney Bernard Schrader and Director of Public Works Drahn Jones, explained and testi- fied as to the specifications for the proposed improvements of paving, curb and gutter, and driveways, and present- ed the recommended assessment roll. Mr. Gregory Moore, real estate appraiser, and Mr. Fred Quaile, real estate business man, stated their backgrounds and qualifications for evaluating real estate in the City of Corpus Christi, and testified that they had examined each and every piece of property abutting the proposed improvements, and that in their opinion each and every piece of property involved would be enhanced at least to the extent of the amount assessed against it, with the following exceptions only: property: Item 41, Harry Weisman Investment Co., Lot 1, Block 2, Westgate Heights, from $889.30 to $414.00; Item 42, T. B. Gallagher, Lot 1, Block 1, Westgate Heights, from $1,187.77 to $425.00; Item 13, W. H. Wagner, Lot 9-10, Block 3, Nelson No. 1, from $1,018.47 to $659.00, if lot is only 45' on Fisher. The following property owners appeared to protest the amount:of the proposed assessment against their Mr. T. C. McCord, of Missouri Improvement Company, Rankin Tract, Item 1, on the basis that under the terms of a deed to the City for r.o.w. dated November 8, 1950, the Missouri Improvement Company could not be assessed -for any imppovements to Lipan Street for a period of 25 years; Mr. L. A. Felder, east 10' of Block 2 and all of Block 1, Barthlome's Acre Tracts, Item 30, on the basis of existing improvements he had put in; Mrs. L. G. Talbert, Lot 1 & 2, Block 2, Highland Estates, Item 46, on the basis of improvements she had installed privately on her own property; Mrs. Beth Upham, west 32' of Lot 7 and Lot 8, Re -Sub. of Lot 6, Block A, Barthlome Acre Tracts, Items 23 & 24, requested that the sidewalk be omitted; Mrs. M. F. Fortin, E. R. Oliver Tract, Item 69, asked for a clarification of her assessment charges; Mr. D. W. Grant, by letter to Drahn Jones, dated August 12, requested to be contacted with regard to Item 53, Frederic Tract, on the basis that he is selling that property to Magnolia and does not want to have to pay for curb and gutters which might be taken out; Item 55, Lot 1, Woodlawn, on the basis of it being unimproved property, assessed for a driveway which he is not certain he wants because he does not know how the property will be utilized; and Item 63, Part of 7 & 8, Suburban Home Sites, with regard to the sidewalk assessment on the basis of an existing sidewalk on the south side of the building. Motion by Roberts, seconded by Bigler and passed that the hearing be closed, and the protests be taken under advisement for study. Mr. Lovey, Veterans' Service Officer, appeared with several representatives of Veterans organizations, requesting that the City Council reconsider the deletion of the Veterans' Service Office funds from the Budget. It was explained that no one had challenged the matter during the presentation of the budget, and that the reason had been because the Agency had been removed from the jurisdiction of the City -County Welfare Board, and since the City would have no control over the expenditure of any of the funds, it could not legally allocate any funds for that purpose. After some discussion, the Council agreed to take the matter under consideration for re -study. There being no further business to come before the Council, the meeting was adjourned. 5 PRESENT: MayoccFatrell D. Smith Commissioners; W. J. Roberts B. E. Bigler Manuel P. Maldonado Charlie J. Aills Arthur R. James Odell Ingle REGULAR COUNCIL MEETING August 27, 1958 2:00 P. M. Acting City Manager I. M. Singer Asst City Attorney J. F. Park City Secretary T. Ray Kring May6unFarrell D. Smith called the meeting to order. The Invocation was given by Reverend Michael Adams, of Our Lady Star of the Sea Church. City Secretary Kring called the roll of those in attendance. Mayor Smith acknowledged the presence in the audience of Mrs. Odell Ingle, wife of Commissioner Ingle, and their two daughters, and welcomed them to the meeting. be approved. Motion by James, seconded by Maldonado and passed that the minutes of the special meeting of August 19 Mayor Smith announced the Council would next hear the City Manager's Reports. Motion by Ingle, seconded by Bigler and passed that the Acting City Manager be authorized to advertise for bids to be received on Sept. 10 for 50 Mechanical Joint Gate Valves, ranging in sizes from 6" to 12". Motion by Ingle, seconded by Roberts and passed that the award of bid for the construction of 2 prefabri- cated buildings, one at Mary and Alameda and the other at Rabbit Run Road and Baldwin Boulevard, be made to C. C. Hinchberger Construction Co. for a total�of $10,560.00. (See Bid Tabulation 48 in File). Motion by Roberts, seconded by James and passed that the work of construction of Water Mains for Poth Lane and Airline Road by Brown & Root, Inc. be accepted, and that final payment be authorized in the amount of $7,796.13. Motion by Bigler, seconded by Roberts and passed that the plans and specifications for Seal Coating ap- proximately 12 miles of Streets be approved, and that the Acting City Manager be authorized to advertise for bids to be received on September 17. Motion by Roberts, seconded by Bigler and passed that the application of the C. C. Butane Gas Co. for a permit to install a Butane Gas Tank at Gulf Compress be approved, provided it does not effect the key rate of the City or occasion an exposure penalty for nearby property. " Motion by Ingle, seconded by James and passed that the City assume the amount of the assessments against 9 homestead properties abutting Louisiana Street, as follows: Chas. L. Sullivan, Lot 1, Block 41, Del Mar Addition. . . . . . . . . . . $ 235.42 Erving B. Ault, the west k of Lot 3 and all of Lot 4, Block 41, Del Mar Addition . . . . . . . . . . . . . . . . . . . . . 367.25 Chas. P. DeRoche, Lot 5, Block 41, Del Mar Addition .... . . . . . . . . 514.90 Bessie Mae Burns, Lot 6, Block 41, Del Mar Addition . . . . . . . . . . . 314.90 Mary Howell, Lot 7, Block 41, Del Mar Addition . . . . . . . . . . . . . . 332.26 Wm. F. Semmelrogge, Lots 8 and 9, Block 41, Del Mar Addition . . . . . . . 489.67 Cleo Eugene Buck, Lots 10 and 11, Block 41, Del MarjAddition . . . . . . . 489.67 J. Pressley Jones, Lots 1 and 2, Block 42, Del Mar Addition . . . . . . . 489.67 Homer L. McElroy, Lot 4, Block 42, Del Mar!Additionll . . . . . . . . . . . 375.66 Motion by Bigler, seconded by Roberts and passed that the City assume the amount of the assessments against the following homestead properties abutting Kostoryz Road: R. R. Holeman, the south 70.24' of Lot 4, Block 2, Southwood Addition $ 1,148.97 Carl E. Bolen, Lot 14, Block 38, Southside Addition #4 . . . . . . . . . 479.03 Billy T. McGahey, Lot 12, Block 38, Southside Addition #4 . . . . . . . . 479.03 W. H. Stahl, Lot W, Block 15, Lexington Place . .•. . . . . . . . . 862.41 Louis A. Sacky and Helen Rose Sacky, the southwest 65' of Lot U, Block 15, Lexington Place .. . . . . . . . 517.37 Jacob Nemec et ux, the northeast 60'•of Lot T, Block 15,Lexington Place . . 479.03 C..D. Kaspar, the southwest 60' of Lot T, Block 15, Lexington Place . . . . 479.03 L. A. Skrobarczyk, Lot R-2; Block 15, Lexington Place . . . . . . . . . . . 479.03 Edw. L. Olsovsky, Lot Q, Block 15, Lexington Place . . . . . . . . . . . . 831.54 Frank Glace, Lot 13, Block 1, Mahan Acres . . . . . . . . . . . . . . . . . 734.62 Paul K. Lefforge, Lot 16, Block 1, Mahan Acres . . . . . . . . . . . . . . 734.62 Eva Maude Hinkle, the north ' of Lot 17, Block 1, Mahan Acres . . . . . . . 506.87 Alfonso Salazar, the south ' of Lot 18, Block 1, Mahan Acres . . . . . . 506. 87 Robert Vaclavik, Lot 19, Block 2, Mahan Acres . . . . . . . . . . . . 734.62 C. C. Cooper, the south k of Lot 22, Block 2, Mahan Acres . . . . . . . 415.13 Victor B. Dlabaja, Lot 23, Block 2, Mahan Acres . . . . . . . .. . . . . .. 686.90 U Motion by Ingle, seconded by Maldonado and passed that the date of September 10, during the regular meeting, be set for a public hearing on the application of Ray Peterson for a Special Council Permit to operate a Kiddy Ride at Gulfway Shopping Center (formerly designated as Gulfgate Shopping Center). Motion by Bigler, seconded by James and passed that the request of Central Power & Light Co. relating to a fuel cost rider be received as a clarification in their application for a rate adjustment to be considered as a part of that application. Motion by Bigler, seconded by James and passed that the date of September 3, at 3:00 P. M., during the regular meeting, be set for a public hearing of the Appeal of Corpus Christi Transportation Co., from the Taxicab Inspector's Noticeof Finding and Requirement for Additional Security Deposit. The appointment of an Acting City Manager was deferred temporarily. Motion by Bigler, seconded by Roberts and passed that the letter of resignation of R. C. Kirmse as Airport Manager, to be effective not later than October 1,1958, be.accepted with regret. Mayor Smith announced the receipt of the report, which includes a sketch of the area and estimate of costs involved, from the Engineering Department on the request for a street opening between Dona Park and Dolan Lane, and stated that as yet there have been no negotiations but that the Council will study the matter and try to advise fur- ther on the request. Reverend William Colson, Baptist Mission Superintendent, introduced Reverend Lowell Ponder of the Conven- tion Committee of the Baptist General Convention, who stated that the General Convention is to be held in Corpus Christi in 1959, provided that the Auditorium is air-conditioned by that time, and asked what answer they should gi the Convention Committee which meets in San Antonio next week.to make the final designation of the Convention City. for 1959. Mayor Smith reminded them of the bond election of 1956 in which.such a proposal for air-conditioning had failed, and pointed out the things that the City has since done in regard to the air-conditioning and acoustical treatment, and stated that the matter will be re -studied with a view to including a proposal for such air-condition- ing in the election being called on the question of Urban Renewal should such election be warranted as a result of the public hearing being held in about 45 days. SECOND READING OF AN ORDINANCE: AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE A FARM LEASE AGREEMENT OF 83.6 ACRES OF LAND WITH C. R. LEHMAN FOR A TERM OF TWO (2) YEARS BEGINNING OCTOBER 1, 1958 AND ENDING SEPTEMBER 30, 1960. , The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye ORDINANCE NO. 5143 RECEIVING AND ACCEPTING THE WORK OF CONSTRUCTION OF WATER DISTRIBUTION MAINS ON POTH LANE AND AIRLINE ROAD, PERFORMED BY BROWN AND ROOT, INC., CONTRACTOR, UNDER THEIR CONTRACT WITH THE CITY DATED MARCH 20, 1958, AS AUTHORIZED BY ORDINANCE NO. 4992, AUTHORIZING PAYMENT OF FINAL ESTIMATE NO. 5, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, DATED AUGUST 18, 1958, INTHE AMOUNT OF $7,796.13 FROM FUNDS PREVIOUSLY APPROPRIATED FROM NO. 141 WATER CAPITAL IMPROVEMENT FUND; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D..Smith 'l, Aye W. J. Roberts Aye B..E. Bigler. . , , Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur.R. James Aye Odell.Ingle. Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R..James Ave ORDINANCE NO. 5144 APPROPRIATING AMOUNTS TO BE PAID TO NO. 102 CURRENT FUND FOR REIMBURSEMENT OF ENGINEERING SERVICES ESTIMATED TO BE PROVIDED BY THE ENGINEERING CONSTRUCTION DIVISION IN CONNECTION WITH THE VARIOUS PROJECTS OF THE PERMANENT IMPROVEMENT PROGRAM DURING THE PERIOD OF AUGUST 1, 1958, THROUGH JULY 31, 1959; $3,500 OUT OF NO. 200 -GAS SYSTEM BOND IMPROVEMENT FUND; $17,300 OUT OF 202 WATERWORKS SYSTEM CONSTRUCTION FUND; $54,500 OUT OF NO. 220 STREET BOND IMPROVEMENT FUND; $7,000 OUT OF NO. 230 BRIDGE REMOVAL AND RELOCATION FUND; $55,302 OUT OF NO. 250 SANITARY SEWER SYSTEM BOND FUND; $22,000 OUT OF NO. 295 STORM SEWER BOND AND IM- PROVEMENT FUND; PROVIDING THAT SAID REIMBURSEMENT SHALL BE COMPUTED AT THE END OF EACH MONTH ON THE BASIS OF ENGINEERING LABOR COSTS; PROVIDING THAT THE UNEXPENDED BALANCE ON JULY 31, 1959, SHALL REVERT TO THE PARENT FUNDS; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle ;Aye ORDINANCE NO. 5145 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. 2266 PASSED AND APPROVED ON THE 4TH DAY OF MAY, 1948, APPEARING OF RECORD IN VOLUME 16, PAGES 339 ET SEQ OF THE ORDINANCE AND RESOLUTION RECORDS, AND AS AMENDED BY ORDINANCE NO. 4846 ADOPTED ON THE 21ST DAY OF AUGUST, 1957, APPEARING OF RECORD IN VOLUME 26, PAGES 385 ET SEQ OF THE ORDINANCE AND RESOLUTION RECORDS, BYt^AMENDING THE ZONING MAP BY CHANGING THE ZONING OF THE GARDENDALE ADDITION NO. 3, LOTS 19-22, AS APPEARS OF RECORD IN VOLUME 21, PAGE 69, MAP RECORDS, NUECES COUNTY, TEXAS, FROM --R-1--' ONE -FAMILY DWELLING DISTRICT TO --B-3-- SECONDARY BUSINESS DISTRICT; BY CHANGING THE ZONING OF A TRACT OF LAND 540' X 372' OUT OF SHARES 2 & 3 OF THE MAUPIN TRACT FROM "R-1-- ONE -FAMILY DWELLING DISTRICT TO --L-I-- LIGHT INDUSTRIAL DISTRICT; BY CHANGING THE ZONING OF LOTS 1 THROUGH 14, BLOCK 1001, BAY TERRACE NO. 2, FROM --R-2-1 TWO-FAMILY ' DWELLING DISTRICT TO "A-1" FIRST APARTMENT HOUSE 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 by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye W. J.Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye ORDINANCE NO. 5146 CLOSING THE HEARING GIVEN TO THE REAL AND TRUE OWNERS OF PROPERTY ABUTTING UPON THE PORTION OF LIPAN STREET FROM THE.WESTERLY BOUNDARY LINE OF NINETEENTH STREET TO THE CENTER LINE OF PALM DRIVE, UP RIVER ROAD FROM THE CENTER LINE OF PALM DRIVE TO THE EASTERLY BOUNDARY OF OLD ROBSTOWN ROAD, AND UP RIVER ROAD FROM THE WESTERLY BOUNDARY LINE OF OLD ROBSTOWN ROAD TO THE SOUTHERLY BOUNDARY LINE OF TEXAS STATE HIGHWAY,,#E9 AS TO SPECIAL BENEFITS TO ACCRUE TO SAID PROPERTY AND THE REAL AND TRUE OWNERS THEREOF,'BY VIRTUE OF THE IMPROVEMENTS OF SAID STREETS WITHIN THE LIMITS DEFINED, AND AS TO ANY ERRORS, AND INVALIDITIES OR IRREGULARITIES IN ANY OF THE PROCEEDINGS OF CONTRACT THEREOF, OVERRULING AND DENYING ALL PROTESTS AND OBJECTIONS OFFERED, EXCEPT THE CHANGES REFLECTED HEREIN, FINDING AND DETERMINING THAT THE PROPERTY ABUTTING UPON THE -PORTION OF LIPAN STREET AND.UP RIVER ROAD, WITHIN THE LIMITS DEFINED, WILL BE SPECIALLY BENEFITED AND ENHANCED IN VALUE IN EXCESS OF THE AMOUNT OF THE COST OF SAID IMPROVEMENTS PROPOSED TO BE AND AS HEREIN ASSESSED AGAINST SAID PROPERTY ABUTTING UPON PORTIONS OF LIPAN STREET AND UP RIVER ROAD, AND LEVYING AN ASSESSMENT FOR THE PAYMENT OF A PORTION OF THE COST OF IMPROVEMENTS ON SAID STREETS, WITHIN SAID LIMITS, FIXING A CHARGE AND LIEN AGAINST THE PROPERTY ABUTTING UPON SAID STREETS AND THE REAL AND TRUE OWNER OR OWNERS THEREOF, PROVIDING FOR THE ISSUANCE OF ASSIGNABLE CERTIFICATES UPON THE COMPLETION AND ACCEPTANCE OF SAID WORK, THE MANNER AND TIME OF PAYMENT AND PROVIDING THE MANNER AND METHOD OF COLLECTION OF SAID ASSESSMENTS AND CERTIFICATES; AND DECLARING AN EMERGENCY. 10 The Charter Rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye Mayor Smith invited anyone in the audience with petitions or information for the Council on matters not scheduled on the agenda to come forward and be heard. The request of H. L. Watson, 1620 Daly Drive, concurred in by 9 of the 10 property owners, for a sewer line extension in Daly Drive north of the main sewer line in Thompson Road, was received and referred to the Acting City Manager for processing. (See Petition #16 in File) Reverend Michael Adams, of Our Lady Star of the Sea Church, requested the re -opening of Vine Street on North Beach which the City recently re -purchased. Motion by James, seconded by Maldonado and passed that the request be referred to the Acting City Manager to ascertain from the Director of Public Works how soon this can be done. Mr. Sheridan C. Lewis, president of Southern Coast Corp., representing himself and Mr. Oscar Wyatt, presi- dent of Coastal States Gas Producing Co., presented and read their proposal for a three-way pipeline system as a substitute safeguard for the City's gas supply in lieu of the $75,000 per day penalty in the event of interrupted service specified in the bid invitation, on the basis that the9ir proposal provided a safety factor, whereas, a penalt clause might be money -wise all right, but would not guarantee uninterrupted service to the City. He gave a compari- son and background of their companies and the Houston Natural Gas Co., the present supplier to the City, and requeste that their bid not be rejected, and that the City not negotiate a new franchise with Houston Natural Gas Co. Mr. Lewis' proposal and schematic map was received for study. Mrs. T. D. Flatt, 4929 Curtis Clark, Gardendale Addition, described the desperate need of the people on the cross streets of Nelson, Burton, and Betty Jean for relief from the dust caused by the traffic, requested the replac- ing of the 4 -way stop signs to slow down the traffic, and the routing of trucks making deliveries to the corner gro- cery store over the paved road rather than allowing them to use the cross streets. The matter was referred to the Acting City Manager for a consolidated report on the status of the entire in provements of this area including water pressure, fire protection, sewer lines, drainage and pavement. Mr. Robert Fagen appeared on behalf of the B.P.O.E. of Corpus Christi, and requested that Broadway Court be blocked off to vehicular traffic between Water Street and Chaparral Street on September 13 and 14, 1958, in order that the street may be used in connection with their charity bazar, and presented letters from the other two property owners, Gillespie Buick Co. and St. Nicholas Greek Orthodox Church, stating that they have no objection to such block ing off of Broadway Court as requested. i Motion by Aills, seconded by Bigler and passed that the foregoing request be granted. Mr. W.W. McClendon, Engineer, appeared with Mr. Jack Ryan and stated their understanding of the conditions under which the Council had granted them permission to construct the brick wall 'on Alameda in connection with the development of South Shore Estates; stated that they were ready and anxious to begin construction; that with regard to the Alameda Street improvement, they were ready to place the estimated pro rata cost in escrow and provide what- ever instrument the City desired to guarantee the proper future maintenance of the brick wall and,the planting strip between the wall and the street. Council directed that Mr. McClendon, Mr. Ryan and Mr. Heldenfels work out the proper legal instruments with the City Legal Department. i. Mr. Richard Warren, International Representative of the A.F. of L. and C.I.O`. affiliated, Municipal Employee 0 I1 Union, requested that the Coupcil direct the City Department Heads to assure all City Employees that there would be no threats of repraisals or firing of any City Employee for the joining of this Labor Organization, on the basis tha this organization operates under Texas Law which gives public employees the right to present grievances, hours of work, and salaries through such organization but does not claim the right to strike. Motion by Ingle, seconded by Roberts and passed that the request be taken under advisement. Mayor Smith declared a brief recess. Upon the meeting reconvening, motion by Ingle, seconded by Maldonado and passed that Russell E. McClure's term as City Manager be extended through September 10, 1958, from August.31, 1958. Motion by Ingle, seconded by James and passed that T. Ray Kring be appointed Acting City Manager during the period of September 1, through September 10, 1958. MoT iod by Bigler, seconded by Ingle and passed that the meeting be adjourned. PRESENT: Mayor Farrell D. Smith Commissioners: W. J. Roberts B. E. Bigler Manuel P. Maldonado Charlie J. Aills Arthur R. James Odell Ingle REGULAR COUNCIL MEETING September �, 1958 2:00 P. M. City Manager Russell E. McClure Ass't City Attorney J. F. Park City Secretary T. Ray Kring Mayor Farrell D. Smith called the meeting to order The Invocation was given by Reverend Paul Spellman, of Aldersgate Methodist Church. City Secretary Kring called the roll of those in attendance. Motion by Maldonado, seconded by James and passed that the minutes of the regular meetings of August 20 a August 27 be approved. Mayor Smith announced the opening of bids. Bids were opened and read on construction of Windsor Park and Mt. Vernon Storm Sewers, also known as the Oso Lake Storm Sewers, Outfall and Gollihar and Lum - McArdle Branches, from the following: T. H. Lee Heldenfels Bros. Slovak Bros., Inc. Guy H. James Construction Motion by James, seconded by Maldonado and passed that the foregoing bids be tabled for 48 hours as re- quired by the City Charter, and referred to the City Manager for tabulation. Mayor Smith announced the Council would next hear the City Manager's Reports. Motion by James, seconded by Maldonado and passed that the City Manager be authorized to advertise for bids to be received on September 24 for 10 - 16 cu. yd. Packer Bodies. Motion by James, seconded by Ingle and passed that the City Manager be authorized to advertise for bids to be received on September 24 for 9 items of Heavy Machinery. Motion by Bigler, seconded by James and passed that the City Manager be authorized to advertise for bids to be received on September 24 for 26 items of Automotive Equipment. Motion by Bigler, seconded by Ingle and passed that the plans and specifications for Parking Plans and Safety Islands in the City Hall -Exposition Hall parking area be approved, and the City Manager be authorized to ad- vertise for bids to be received on September 17. Motion by Ingle, seconded by Bigler and passed that the appointment of William D. Wilder as Airport Manager effective September 8, 1958, at a starting salary of $479.00 per month, be confirmed. 12 ORDINANCE NO. 5147 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE AN ENCROACHMENT AGREEMENT WITH WARREN MOTE, CENTRAL POWER AND LIGHT COMPANY, AND SOUTHWESTERN BELL TELEPHONE COMPANY, WHEREBY THE CITY, JOINED BY CENTRAL POWER AND LIGHT COMPANY AND SOUTHWESTERN BELL TELEPHONE COMPANY, AGREES TO PERMIT THE SAID WARREN MOTE TO LEAVE THE EAVE OF THE IMPROVEMENTS ON LOT TWO (2), BLOCK EIGHT (8), HAMLIN PLACE, UNIT ONE (1), OWNED BY THE CITY, CENTRAL POWER AND LIGHT COMPANY AND SOUTHWESTERN BELL TELEPHONE COMPANY, SUBJECT TO THE TERMS AND CONDITIONS SET OUT IN SAID CONTRACT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye ORDINANCE NO. 5148 AMENDING ORDINANCE NO. 3656, PASSED AND APPROVED ON FEBRUARY 10, 1954 AND ENTITLED "ADOPTING AND PROVIDING FOR THE ADMINISTRATION OF THE COMPENSATION PLAN FOR ALL POSITIONS IN THE CITY SERVICE;' REPEALING ALL ORDINANCES IN CONFLICT HEREWITH: CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE*, AS AMENDED, BY CHANGING CERTAIN POSITIONS IN SECTION 1, SUBSECTION (E) AS HEREINAFTER SET FORTH; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye ORDINANCE NO. 5149 AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE RELEASE OF SPECIAL ASSESSMENTS AS FOLLOWS: (1) IN THE AMOUNT OF $140.03 AGAINST THAT CERTAIN PROPERTY FRONTING 120 FEET ON THE SOUTH SIDE OF LOUISIANA STREET, DESCRIBED AS LOTS 14 AND 13 IN BLOCK NO. 3, LINDALE PARK, SECTION NO. 1, AND THE OWNER THEREOF, MATILDA L. OCKER; (2) IN THE AMOUNT OF $151.64 AGAINST THAT CERTAIN PROPERTY FRONTING 125 FEET ON THE SOUTH SIDE OF LOUISIANA STREET; DESCRIBED AS LOTS 2 AND 1, BLOCK 3, LINDALE PARK, SECTION 1, AND THE OWNER THEREOF, ARNOLD OCKER; (3) IN THE AMOUNT OF $103.75 AGAINST THAT CERTAIN PROPERTY FRONTING 90 FEET ON THE SOUTH SIDE OF LOUISIANA STREET, DESCRIBED AS THE WEST 30' OF LOT NO.z12 AND ALL OF LOT NO. 11, IN BLOCK NO. 2, LINDALE PARK, SECTION 1, AND THE OWNER THEREOF, LEE E. SMITH; (4) IN THE AMOUNT OF $257.20 AGAINST,THAT CERTAIN PROPERTY FRONTING 45 FEET ON THE SOUTH SIDE OF MORGAN STREET, AND DESCRIBED AS THE WEST 1/3RD OF LOT NO. 1 IN BLOCK IV OF OCEAN VIEW, AND THE OWNER THEREOF, CARL G. COLE; A COPY OF WHICH RELEASES ARE ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye vote: 13 FIRST READING OF AN ORDINANCE: GRANTING TO ELI ABRAMS, DOING BUSINESS AS THE COURTESY ADVERTISING COMPANY, A FRANCHISE FOR A PERIOD OF FIVE (5) YEARS TO CONSTRUCT, ERECT, PLACE AND MAINTAIN TRASH:;CANS, ON SIDEWALKS IN THE PRIMARY BUSINESS DISTRICT OF THE CITY OF CORPUS CHRISTI, TEXAS, AS SUCH DISTRICT IS DEFINED AND OUTLINED BY THE ZONING ORDINANCE AND ZONING MAP OF SAID CITY; TO USE AND EMPLOY THE SIDES OF SAID CANS FOR ADVERTISING BY SIGNS PLACED THEREON; PROVIDING FOR A FIXED CHARGE FOR SAID FRANCHISE AND FOR METHODS OF PAYMENT TO THE CITY OF CORPUS CHRISTI; PROVIDING FOR THE DESIGNATIONS OF LOCATIONS AND THE PROPER CONSTRUCTION AND MAINTENANCE OF SAID TRASH CANS; LIMITING THE CHARACTER AND KIND OF ADVERTISING PERMITTED; PROVIDING FOR PUBLIC LIABILITY INSURANCE TO PROTECT THE CITY, GRANTEE AND THE PUBLIC. The foregoing ordinance was read for the first time and passed to its second reading by the following Farrell D. Smith Aye W. J. Roberts Aye B. E.*Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye FIRST READING OF AN ORDINANCE: AUTHORIZING AND DIRECTING THE CITY MANAGER OF THE CITY OF CORPUS CHRISTI, TEXA4, TO EXECUTE FOR AND ON BEHALF OF THE CITY AN AGREEMENT WITH W. C. NICHOLSON, LEASING CERTAIN LAND AT CUDDIHY FIELD, BEING APPROXIMATELY 278 ACRES, TO BE USED FOR AGRICULTURAL PURPOSES, WHICH AGREEMENT SHALL BE ON THE FORM FOR LEASE OF CUDDIHY FIELD PROPERTY HERETOFORE APPROVED BY THE NAVY. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye ORDINANCE NO. 5150 AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE A CONTRACT WITH ROBERT M. DUNLAP FOR SURVEY OF 780 ACRES OF LAND, GENERALLY KNOWN AS THE OSO TRACT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye Mayor Smith invited anyone in the audience with petitions or information for the Council on matters not scheduled on the agenda to come forward and be heard. No one appeared. Mayor Smith announced the Council would next hold the public hearing on the proposed development of Oso Tract "C" as outlined during a recent Council meeting and publicized through the media of the press. James R. Wells, owner of 4-7/8 acres on the Oso upper regions, asked questions as to the effect of the pro- posed development on the tides, water and lands of the regions above the Tract since it is quite a nursery for trout, flounder and shrimp; asked about the sewage from the development; and stated that whereas he did not oppose the development as outlined, he did feel that the plan did not look far enough into the future with regard to the possi- bilities for recreational facilities for this growing City. Jack Maddux and Dave Sughrue asked to see the preliminary plans,if any, and were invited up to the Council table to view them and ask any other questions they might have. Mrs. W. Armstrong Price felt that not enough information had been publicized, that from the plans she could not see any circulation pattern in the lake, and that she felt that the matter should be studied by the Bay- 14 front Advisory Board and the Park & Recreation Board, and that the possibility of Federal Aid under the Federal Parks Service should be explored before there was any final determination of development made, but that she had no objection to the development if they don't have stagnant water. The'Council requested that Mrs. Price, as Chairman of the Park and Recreation Board, make an immediate in- quiry with information on this proposed plan to see whether or not the Federal Parks Service has any interest in an area of this size. T. H. Burruss, attorney, stated that since the land is held under definite conditions of an act of the Legislature which would have to be revised in order to deal with the Federal Government, the matter of Federal Aid in this instance is impractical from-alegal standpoint. William Shireman, attorney, questioned the consideration involved in the proposed plan for development. Mayor Smith explained the considerations and stated that'they would be set forth in the instrument itself as is done in all contracts made by this Council. Lon Messer stated that he knew for a fact that if the City delays too long in satisfying the conditions under which they hold the property that the City is going to lose it because there are interests which are going to bid much higher for it than the City will be able to mateh. Dr. Hugley answered questions from the audience as to tides, circulation of water, depth of channels and related matters,and agreed to meet with the Park & Recreation Board to answer any questions they might have. Lester Dan Howard, owner of a lot on the north side of the proposed project suggested that these property ownerst;might like to have channel access to the lake area, and was informed that could possibly be voluntarily worked out by the property owners with the development company. In answer to questions from the audience, Mayor Smith gave a brief synopsis of the terms of the proposed contract with the development company. Leland Ross stated that he couldn't see how anyone could have any possible objections to the development, as it was such a wonderful opportunity for the City to solve a big problem at no ultimate expense to the citizens and with the ultimate ownership of a tremendous asset, and that he felt the Council was to be commended for their efforts in this matter. Motion by Aills, seconded by Bigler and passed that the hearing be closed. Mayor Smith announced the Council would next hold the public hearing on the Appeal of C.C. Transportation Co. from the Taxicab Inspector's finding and notice of necessity for additional security deposit. Howard Sudduth, attorney, represented the C. C. Transportation Co., and stated that there was a deposit in lieu of insurance on deposit with the City Secretary in the amount'of $8,768.97 in the name of C. C. Transportation Co.; that C. C. Transportation Co. had hada contract with Airline Taxi'Co. whereby Airline operated all of the cabs belonging to both companies; that there was a judgment amounting to $3800 against Airline, to which C. C. Transporta- tion Co. had not been a party to, had had no service or knowledge of; and that the matters giving rise to this hear- ing are presently in litigation in the District Court, that judgment of the Court will resolve the matter of owner- ship of the funds on deposit with the City Secretary and on the question of whether or not C. C. Transportation Co. is subject to the judgment against Airline; and that until the Court makes its decision, any requirement of the City for C. C. Transportation Co. to deposit additional security -is placing an unequitable burden on his client. Milton Walton, Assistant City Attorney, stated that the judgment referred to had been presented to the City for payment; that since the money was deposited in the name of C. C. Transportation Co., the City felt.it could not in safety pay a judgment against Airline, and had therefore refused payment, after which the plaintiff in the suit' had sued the City for the payment; that by Plea of Abatement the City had asked that Airline and the Bank where the money is deposited be made a party to the suit against the City so that everyone's interest would be protected; that since that Plea of Abatement, Airline has filed and asked that the balance of the money be paid to them after the payment of the judgment, alleging that Airline had bought that deposit on monthly payments of $500 in cash to C.C. Transportation Co.; that the City had therefore tendered the deposit into Court and asked the Court to decide the ownership of the deposit; and that until such decision was made by the Court, the Taxicab Inspector had determined, after duly held public hearing on the matter, that the public was without protection in the full amount of the deposi' 15 should the Court rule that the deposit in dispute as to ownership belonged to Airline.. William Shireman, attorney now representing the plaintiff in the judgment, stated that the taxi involved in the accident was not an Airline cab, but a Yellow Cab which operates under the C. C. Transportation Co. franchise. There followed a lengthy discussion on the terms, interpretation and intent of the ordinance governing liability coverage for taxicabs, and the relative legal points of the Appeal. Motion by Ingle, seconded by Bigler and passed that the hearing be closed, and the matter held under ad- visement pending further information in the matter. There being no further business before the Council, the meeting was adjourned. I, Farrell D. Smith, Mayor bf the City of Corpus Christi, Texas, certify that the foregoing Minutes, same being for the period of Augustj"19, 1958 through September 3, 1958, having been previously approved by Council Action, are by me hereby approved. PRESENT: Mayor Pro -Tem W. J.i,.-.Roberts Commissioners: B. E. Bigler Manuel P. Maldonado Charlie J. Aills Arthur R. James Od 11 I 1 Farrell D. Smith, Mayor The City of Corpus Christi, Texas REGULAR COUNCIL MEETING September 10, 1958 2:00 P. M. Acting City Manager, T. Ray Kring City Attorney,I. M. Singer Assistant City Attorney, J. F. Park City Secretary, T. Ray Kring e ng a Roberts Mayor P1 ,Tem called the meeting to order. The Invocation was given by Reverend Allen 1Lr Craftr., of the First Fr"byterian-Church. City Secretary Kring called the roll of those in attendance. Motion by -James, seconded by Aills and passed that the absence of Mayor Farrell D. Smith be excused. Motion by.Bigler,`seconded by'Maldonado and passed that the Minutes of the Regular Meeting of September 1.31 1958, be approved. Roberts Mayor Protem/announced the opening of bids. Bids were opened and read on Extension:_og Small:.-Boat..,Load-ing<.Ramps6on-:the .L -Head= from the following: Cionstrd+ct ou-1 Tgineering Masters Co. 7 3xse aonfrrt t;idmTcCo. H.& I��orr�re.te Construction Co. Motion by Maldonado, seconded by James, and passed that the foregoing bids be tabled for 48 hours as Acting required by the City Charter, and referred to the;City/,T4anager for tabulation. following: Bids were opened and read on 4 --items of M "#. '=Gafe' Valves , from `the -r GeC.flardwatre-�Co= " = Ludlow Valve Mfg. Co., Inc. barlink, VatVeC&"Mfg.`'Cd:;— cViking Supply Corp. Iowa' Va1Vd Xd,V: Norvell-Wilder Supply Co. Hu&idipaLcEipe'_&cFabricating Co. Alamo Iron Works ThaeRohaisCo,.- ,,Inc. SAMSCQ Motion by Jamie, seconded byMa ldonad nd passed that the foregoing bids be tabled for 48 hours as require by the City Charter, and referred to the,City Manager for tabulation. Roberts Mayor protam/announced the Council would next hear the City Manager's Reports. Motion by James, seconded by Aills and passed that the AdtingCi:ty:Mahager. be {.atithot.izect4to'-,advertise f bids to be received on September 24 for 9 items of Full Circle Clamps. Motion by James, seconded by Bigler and passed that the Acting City Manager be authorized to advertise for bids to be received on September 24 for 75tons of Commercial Fertilizer. Motion by Maldonado, seconded by Bigler and passed that the date of September 24 be re -set for public hearing on the application of Ray Peterson for a Special Council Permit, and on the application of Morgan Avenue 16 Baptist Church for a change in.the text of the zoning ordinance, both of which were postponed from today's schedul- ed hearing since the Zoning & Planning Commission had not been able to hold their public hearing on these two applications. Motion by Bigler, seconded by Aills and passed that the award of contract for construction of Windsor Park and Mt. Vernon Storm Sewers, also known as the Oso Lake Storm Sewers in the Gollihar, McArdle and Everhart are be made to Slovak Brothers in the amount of $337,440.05. Motion by Ingle, seconded by Bigler and passed that the construction of Water Lines, Lexington Right - of -Way Clearance, be accepted and final payment in the amount of $23,005.10 be made to T. H. Lee, Contractor. Motion by Bigler, seconded by Aills and passed that the plans and specifications for Gardendale Water Distribution System be approved, and the Acting City Manager be authorized to advertise for bids to be received on October 1. Motion by James, seconded by Maldonado and passed that the Tax Error and Correction List and Supplementa Tax Errot.:and Correction List for August, 1958, be approved. Motion by Ingle, seconded by Maldonado and passed that a strip of land 50, wide off the southeast corner of that certain tract of land owned by the Corpus Christi Independent School District in Gollihar Park, Unit 2, a Subdivision of the City of Corpus Christi, Nueces County, Texas, as an extension of Salazar Street to connect with Prescott Street, as tendered by the Corpus Christi Independent School District, be accepted. Motion by Ingle, seconded by Bigler and passed that I. M. Singer be appointed City Manager through Oct- ober 1, 1958, and that he provide a surety bond in the same amount as that provided by Russell E..McClure. SECOND READING OF AN ORDINANCE: GRANTING TO ELI ABRAMS, DOING BUSINESS AS THE COURTESY ADVERTISING COMPANY, A FRANCHISE FOR A PERIOD OF FIVE (5) YEARS TO CONSTRUCT, ERECT, PLACE AND MAINTAIN TRASH CANS, ON SIDEWALKS IN THE PRIMARY BUSINESS DISTRICT OF THE CITY OF CORPUS CHRISTI, TEXAS, AS SUCH DISTRICT IS DEFINED AND OUTLINED BY THE ZONING ORDINANCE AND ZONING MAP OF SAID CITY;'TO'USE AND EMPLOY THE SIDES OF SAID CANS FOR ADVERTISING BY SIGNS PLACED THEREON; PROVIDING FOR A FIXED CHARGE FOR SAID FRANCHISE AND FOR METHODS OF PAYMENT TO THE CITY OF CORPUS CHRISTI; PROVIDING FOR THE DESIGNATIONS OF LOCATIONS AND THE PROPER CONSTRUCTION AND MAINTENANCE OF SAID TRASH CANS; LIMITING THE CHARACTER AND KIND OF ADVERTISING PERMITTED; PROVIDING FOR PUBLIC LIABILITY INSURANCE TO PROTECT THE CITY, GRANTEE AND THE PUBLIC. The foregoing ordinance was read for the second time and passed to its third and final reading by the following vote: Farrell D. Smith Absent W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye SECOND READING OF AN ORDINANCE: AUTHORIZING AND DIRECTING THE CITY MANAGER OF THE CITY OF CORPUS CHRISTI, TEXAS, TO EXECUTE FOR AND ON BEHALF OF THE CITY AN AGREEMENT WITH W. C. NICHOLSON, LEASING CERTAIN LAND AT CUDDIHY FIELD, BEING APPROXIMATELY 278 ACRES, TO BE USED FOR AGRICULTURAL PURPOSES, WHICH AGREEMENT SHALL BE ON THE FORM FOWIMSE OF CUDDIHY FIELD PROPERTY HERETOFORE APPROVED BY THE NAVY. The foregoing ordinance was read for the second time and passed to its third and final reading by the following vote: Farrell D. Smith Absent W. J. Roberts Aye B. E. Bigler Aye ,. Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye ORDINANCE NO. 5151 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A CONTRACT WITH SLOVAK BROTHERS FOR CONSTRUCTION OF THE OSO LAKE STORM SEWERS IN GOLLIHAR, MC ARDLE AND EVERHART AREAS, PROJECTS NO. 3-56-15.1 AND 3-56-15.2, AS MORE FULLY DESCRIBED IN THE PLANS, SPECIFICATIONS AND CONTRACT DOCUMENTS MADE A PART HEREOF BY REFERENCE; APPROPRIATING THE SUM OF $354,000.00 FROM NO. 29� STORM SEWER BOND IMPROVEMENT FUND, OF WHICH $337,440.05 IS FOR THE CONSTRUCTION CONTRACT, $15,599.95 IS FOR CONTINGENCIES, INCLUDING LABORATORY TESTS AND/OR ENGINEERING SERVICES AS REQUIRED; AND DECLARING AN EMERGENCY. 17 The Charter Rule was suspended by the following vote: Farrell D. Smith Absent W. J. Roberts Aye. B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Absent W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye ORDINANCE NO. 5152 RECEIVING AND ACCEPTING THE WORK OF CONSTRUCTION OF WATER LINES IN CONNECTION WITH LEXING- TON BOULEVARD RIGHT OF WAY CLEARANCE, PERFORMED BY T. H. LEE, CONTRACTOR, UNDER HIS CONTRACT WITH THE CITY DATED JUNE 24, 1958, AS AUTHORIZED BY ORDINANCE NO. 5061; AUTHORIZING PAYMENT OF FINAL ESTIMATE NO. 2, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, DATED AUGUST 31, 1958, IN THE AMOUNT OF $23,005.10 FROM FUNDS PREVIOUSLY APPROPRIATED FROM NO. 141 CURRENT WATER M & 0 FUNDS; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Absent W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Absent W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye ORDINANCE NO. 5153 AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE RELEASE OF SPECIAL ASSESSMENTS AS FOLLOWS: (1) IN THE AMOUNT OF $139.80 AGAINST THAT CERTAIN PROPERTY FRONTING 120 FEET ON THE SOUTH SIDE OF LOUISIANA STREET, DESCRIBED AS LOTS 9 AND 10 IN BLOCK 3 OF LINDALE PARK, SECTION 1, AND THE OWNER THEREOF, W.F.L. LEHMAN; (2) IN THE AMOUNT OF $85.54 AGAINST THAT CERTAIN PROPERTY FRONTING 75FEET ON THE SOUTH SIDE OF LOUISIANA STREET, DESCRIBED AS THE WEST 30 FT. OF LOT 9 AND THE EAST 45 FT. OF LOT 8, BLOCK 2, LINDALE PARK, SECTION 1, AND THE OWNER THEREOF P. L. GEISTMAN; (3) IN THE AMOUNT OF $235.42 AGAINST THAT CERTAIN PROPERTY FRONTING 50 FEET ON THE NORTH SIDE OF LOUISIANA STREET, DE- SCRIBED AS IAT 1, BLOCK 41 OF DEL MAR ADDITION, AND THE OWNER THEREOF, CHAS. L. SULLIVAN; (4) IN THE AMOUNT OF $117.95 AGAINST THAT CERTAIN PROPERTY FRONTINGi100 FEET ON THE SOUTH SIDE OF LOUISIANA STREET DESCRIBED AS THE WEST 40 FT. OF LOT 18 AND ALL OF LOT 17, BLOCK 3,LINDALE PARK, SECTION 1, AND THE OWNER THEREOF, SAM BRASLAU; (5) IN THE AMOUNT OF 139.80 AQAINST THAT CERTAIN PROPERTY FRONTING 120 FEET ON THE SOUTH SIDE OF LOUISIANA STREET, DESCRIBED AS LOTS 16 AND 15, BLOCK 3, LINDALE PARK, SECTIONII, AND THE OWNER THEREOF, GUY T. COFFEE; (6) IN THE AMOUNT OF $141.89 AGAINST THAT CERTAIN PROPERTY FRONTING 120 FEET ON THE SOUTH SIDE OF LOUISIANA STREET, DESCRIBED AS LOTS NOS. 12 AND 11, BLOCK 3, LINDALE PARK, SECTION 1, AND THE OWNER THEREOF, R. J. SECHRIST; A COPY OF WHICH RELEASES ARE ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith W. J. Roberts B. E. Bigler Manuel P. Maldonado Charlie J. Aills Arthur R. James Odell Ingle The foregoing ordinance was passed by the following vote: Farrell D. Smith W. J. Roberts B. E. Bigler Manuel P. Maldonado Charlie J. Aills Arthur R. James Odell Ingle ORDINANCE NO. 5154 Absent Aye Aye Aye Aye Aye Aye Absent Aye Aye Aye Aye Aye Aye AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND, ON BEHALF OF THE CITY OF CORPUS CHRISTI, TEXAS, TO EXECUTE AN INSTRUMENT QUIT CLAIMING, TO DR. CLEO GARCIA, ALL RIGHT, TITLE AND INTEREST 18 IN AND TO A CERTAIN UTILITY EASEMENT DEDICATED IN PLAT OF BEEKMAN PLACE SUBDIVISION, A COPY OF WHICH QUIT CLAIM IS ATTACHED HERETO; DECLARING ACCEPTANCE BY THE CITY OF THE UTILITY EASEMENTS SHOWN ON REPLAT,OF LOTS FOURTEEN (14), FIFTEEN (15), AND SIXTEEN (16), BEEKMAN PLACE SUBDIVISION, IN LIEU OF SAID UTILITY EASEMENT BEING QUIT CLAIMED HEREIN; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith W. J. Roberts B. E. Bigler Manuel P. Maldonado Charlie J. Aills Arthur R. James Odell Ingle The foregoing ordinance was passed by the following vote: Farrell D. Smith W. J. Roberts B. E. Bigler . Manuel P. Maldonado Charlie J. Aills Arthur R. James Odell Ingle Absent Aye Aye Aye Aye Aye Aye Absent Aye Aye Aye Aye Aye Aye Mayor Pro -tem Roberts invited anyone in the audience with petitions or information for the Council to come forward and be heard. A Letter addressed to the City Council, dated August 28, 1958, signed by Vernon Smylie, president of the Montclair Elementary School P.T.A., was read calling attention to an urgent need for the immediate installation of a school sone caution light immediately south of Handover Street at the Montclair School crossing on Alameda, and requesting the reduction of the present speed limit on Alameda to 30 miles per hour for the protection and safety of the school children using this street during peak traffic hours of the Naval Air Station. Vernon Smylie, Jean Bowman, Katherine Roberts, Dale Wilkerson, and Charles DeWesse, represented the Montclair P.T.A. and the Montclair Elementary School, presented a map of the area, pictures of the condition of the road, and presented a petition of some hundred names or more requesting the lowering of the speed limit to 30 miles per hour on Alameda from Airline to Ocean Drive. (See Petition #17 in File.) Toey each spoke in support of the Tollowing requests: 1. Reduction of the speed limit on Alameda from Airline to Ocean Drive from 45 miles per hour • to 30 miles per hour; 2. Immediate installation of a flashing traffic t.ontrol light at the intersection of Parade and Handover on Alameda; 3. Paving of the undedicated portion of Kentner for access to the Montclair Elementary School; and 4. Restoration of the shell walk from the undedicated portion of Kentner up to the school building. Mayor Pro -tem Roberts read a recommendation from Paul Rice, Director of Traffic Engineering, that the existing speed limit on Alameda from Airline to --Ocean Drive be reduced to 30 miles per hour; that the present pedes- trian count of 44 students does not justify the installation of a permanent traffic signal at this time. After considerable discussion and suggestions by Paul Rice, Director of Traffic Engineering, and Drahn Jones, Director of Public Works, it was agreed that the speed limit would be reduced as requested; that some type of temporary signal light would be installed for the school crossing on Alameda, with the possibility of a permanent installation of the flasher type light at such future time as that portion of Alamada is improved and the increased student traffic warrants it; and it was suggested that the School restore 'the shell walk and that the parents install posts to prevent the use of the walk as a drive. The matter of Kentner Road was taken under advisement for further study. Dick Lundstrum, owner of C. C. Speedway,appeared in connection with the request for the paving of a por tion of Flato Road, and stated that the figubes supplied by the City on the costs would mean he would have to pay $1,000 and he did not feel he should have to pay anything on the basis of the amount of taxes he has been paying, and the fact that Cliff Maus Road was just recently improved on which there are no houses or businesses, and stated that if Flato Road was built up with about 12" of caliche there would be no drainage problem. Mayor Pro -tem Roberts stated that the Council would review the information relative to the Flato Road request and see what could be done. Motion by Ingle, seconded by Bigler and passed that the meeting be adjourned. PRESENT: Mayor Farrell D. Smith Commissioners: .-.W.JiRoberts B. E. Bigler Manuel P. Maldonado Charlie J. Aills Arthur R. James Odell Ingle REGULAR COUNCIL MEETING September17, 1958 2:00 P. M. City Manager, I. M. Singer Assistant City Attorney, J. F. Park City Secretary, T. Ray Kring 19: Mayor Farrell D. Smith called the meeting to order. The Invocation was given by Reverend C. A. Poehlmann, of the First Lutheran Church. City Secretary Kring called the roll of those in attendance. Motion by Bigler, seconded by Maldonado and passed that the Minutes of the Regular Meeting of September 10, 1958, be approved. Mayor Smith announced the opening of bids. Bids were opened and read on Seal Coating on approximately 12 miles of City Streets from the following: Lewis A. Fowler Thos. L. Scott, Inc. Rio Paving Co. L. F. Sholl Waychoff Bros. Motion by Maldonado, seconded by James, and passed that the foregoing bids be tabled for 48 hours as re- quired by the City Charter, and referred to the City Manager for tabulation. following: Bids were opened and read on Parking and Safety Islands, City-HallExposition Hall Parking Lot from the Zeb V. Carson Construction Co. A.B. Duncan Cement Construction Co. D & W Construction Co. H & H Construction Co. Heldenfels Bros. Zachry Construction Co. Motion by Ingle, seconded by Aills, and passed that the foregoing bids be tabled for 48 hours as requir- ed by the City Charter, and referred to the City Manager for tabulation. Mayor Smith announced the Council would next hear the City Manager's Reports. Motion by James, seconded by Aills and passed that the bid award re Mechanical Joint Gate Valves be made to Alamo Iron Works in the amount of $3,926.52. (See Bid Tabulation #45 in File) Motion by Maldonado, seconded by Bigler and passed, that the City Manager be authorized to advertise for bids to be received on October 8, for 38,336' of 2" and 16,400' of 4" Bare Steel Pipe. Motion by Maldonado, seconded by James and passed that the City Manager be authorized to advertise for bids to be received on October 8,for 7,336' of 4" Mechanical Joint Cast Iron Pipe and Fittings. Motion by Bigler, seconded by James and passed that the date for receiving bids on Automotive Equipment and Heavy Equ*pment be deferred until October 8, 1958. Mayor Smith directed City Manager Singer to notify the U. S. Attorney General and State Attorney General, Ma or Will Wilson, that automotive manufacturers apparently have conspired against cities./ Symith has been notified that none of the automobile manufacturers will permit "fleet bids" by their dealers to cities on the purchase of automo- biles, although such special prices still are offered the Federal and State Governments and private industry. Motion by Bigler, seconded by Roberts and gassed, that the Tax Roll for 1958, be approved. ORDINANCE NO. 5155 AMENDING AN ORDINANCE ENTITLED "AN ORDINANCE PROVIDING FOR THE INSTALLATION AND OPERATION OF PARKING METERS; AND DESIGNATING THE STREETS UPON WHICH THEY WILL BE OPERATED; AND PROVIDING FOR THE PARKING LIMIT ON THE STREETS; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH AND PROVIDING FOR PENALTIES FOR VIOLATION', AND BEING ORDINANCE NO. 3894, PASSED AND APPROVED BY THE CITY COUNCIL ON THE 13TH DAY OF OCTOBER, 1954, AS AMENDED, BY AMENDING SECTION 19 SO AS TO PROVIDE FOR 30 MINUTE PARKING METERS ON CHAPARRAL STREET IN THE 100 BLOCK THEREOF 20 ON THE EAST SIDE OF THE STREET FOR SIX (6) PARKING SPACES'EXTENDING SOUTHWARD FROM LAGUNA STREET TO THIRTY MINUTE METERS; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR PENALTIES FOR VIOLATION; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle ' Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P.'Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye ORDINANCE NO. 5156 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A CONTRACT WITH H & H CONSTRUCTION COMPANY, FOR CONSTRUCTION OF AN EXTENSION TO THE SMALL BOAT LOADING RAMP AT THE L -HEAD, IN THE AMOUNT OF $2,768.00 AS MORE FULLY DESCRIBED IN THE PLANS, SPECIFICATIONS AND CONTRACT DOCUMENTS MADE A PART HEREOF BY REFERENCE; APPROPRIATING AND REAPPROPRIATING THE SUM OF $2,900.00 FROM THE YACHT BASIN CURRENT BUDGET CODE 502, OF WHICH AMOUNT $2,768.00 IS FOR THE CONSTRUCTION CONTRACT AND $132.00 IS FOR CONTINGENCIES INCLUDING LABORATORY AND/OR ENGINEERING SERVICES AS REQUIRED; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye ORDINANCE NO. 5157 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A CONTRACT BY AND BETWEEN THE CITY OF CORPUS CHRISTI AND GREGORY S. MOORE, M.A.I., REAL ESTATE APPRAISER, FOR APPRAISALS BY GREGORY S. MOORE ON 21 PARCELS OF PROPERTY LOCATED IN NUECES COUNTY, TEXAS, PORTIONS OF WHICH ARE REQUIRED FOR STREET AND RAILROAD RIGHT-OF-WAY PURPOSES IN CONNECTION WITH THE TULE LAKE HIGH LIFT BRIDGE PROJECT AND THE RELOCATION OF RAIL- ROADS AND RAILROAD YARDS BY REASON OF SAID PROJECT, FOR A TOTAL CONSIDERATION OF $4,500.00; APPROPRIATING THE SUM OF $4,500.00 FOR SAID FEES AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye ORDINANCE NO. 5158 AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE RELEASE OF SPECIAL ASSESSMENTS AS FOLLOWS: (1) IN THE AMOUNT OF 488.30 AGAINST THAT CERTAIN PROPERTY FRONTING 75 FEET ON THE SOUTH SIDE OF LOUISIANA STREET, DESCRIBED AS THE WEST 15 FT. OF LOT NO. 8 AND ALL OF LOT 7 IN BLOCK NO. 2, LINDALE PARK, SECTION 1, AND THE OWNER THEREOF, M. B. CROUCH; (2) IN THE AMOUNT OF $499.40 AGAINST THAT CERTAIN PROPERTY FRONTING 87.5 FEET ON THE SOUTH SIDE OF LOUISIANA STREET, DESCRIBED AS THE WEST 37.5 FT. OF LOT$ 5 AND ALL OF LOT 4, BLOCK11, DEL MONTE ADDITION, AND THE OWNER THEREOF, JAS. M. SEEVERS; (3) IN THE 21 AMOUNT OF $169.83 AGAINST THAT CERTAIN PROPERTY FRONTING 140 FEET ON THE SOUTH SIDE OF LOUISIANA STREET, AND DESCRIBED AS THE LOTS NOS. 20, 19 AND THE EAST 20 FEET OF LOT NO. 18, BLOCK 3, LINDALE PARK, SECTION NO. 1, AND THE OWNER THEREOF, E LE GRAND HARRISON; (4) IN THE AMOUNT OF $103.63 AGAINST THAT CERTAIN PROPERTY FRONTING 90 FEET ON THE SOUTH SIDE OF LOUISIANA STREET, DESCRIBED AS ALL OF LOT NO. 10 AND THE EAST 30 FT. OF LOT NO. 9 IN BLOCK NO. 21 LINDALE PARK, SECTION 1, AND THE OWNER THEREOF, GEO. A. SEITTER; (5) IN THE AMOUNT OF $16 .58 AGAINST THAT CERTAIN PROPERTY FRONTING 140 FEET ON THE SOUTH SIDE OF LOUISIANA STREET, D2CRIBED AS ALL OF LOTS NOS. 8 AND 7 AND THE EAST 20 FEET OF LOT NO. 6, IN BLOCK NO. 3,LINDALE PARK, SECTION 1, AND THE OWNER THEREOF, R. 0. WOODSON; A COPY OF WHICH RELEASES ARE ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye Manuel P. Maldonado Aye B. E. Bigler Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye ORDINANCE NO. 5159 ESTABLISHING THE DUTIES OF DISCHARGING THE FUNCTION OF "THE WEED AND RUBBISH CONTROL DIVISION" OF THE CITY OF CORPUS CHRISTI AS A PART OF THE DEPARTMENT OF PUBLIC HEALTH; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Arthur R. James Aye Charlie J. Aills Aye Odell Ingle Aye Motion by Roberts, seconded by Bigler, and passed that the bee -keeping ordinance be deferred for another week. Mayor Smith invited those in the audience who were interested in the ordinance to state their views or return next week and make known their views. The purpose of deferring the ordinance was to make further study. Mrs. Ralph Fellows appeared to ask for such an ordinance, reminding the Council that her child almost d from a been sting. Attorney, Thurman Lee Mulhollon, told the Council that he represents several beekeepers who did not have sufficient notice to appear, but will be present next week. Paul Vogler asked the Council to remember that Boy Scouts can get merit badges from raising bees and that such projects are good for the boys. The Council deferred action on a proposed ordinance for a contract with Corpus Christi Transportation Company, Inc., granting use privilege of a building for one year, for a stated rental of $270.00, to allow them to use teletype equipment at their rental car location at the airport. Motion by Roberts, seconded by James and passed that the ordinance fixing the maximum speed limit at 30 miles per hour for the entire length of Alameda Street, be deferred for further consideration and study. Signs put up last week by Traffic Engineer, Paul Rice, setting the speed limit at 30 miles per hour, will remain for the time being under authority given him in the Traffic Ordinance to change speed limits temporarily for 30 days when condi- tions warrant. m,%yorr Smith invited anyone in the audience with petitions or information for the Council to come forward and be heard. L— I— and I— 22 Mrs. Ralph M. Dodds, of 3925 Brawner, appeared representing 80 property owners complaining that the Park Division plans to develop Brawner from Alameda to Santa Fe, stating that there are few homes facing on that par of the parkway, whereas, there are many homeowners who have waited as. long as eight years for development in the stretch from South Staples to Carrol Lane. Motion by Roberts, seconded by Ingle and passed that the.Parkway improvement proceed with the section between South Staples and then reviewfunds available and re-evaluate the project as to subsequent segment to be im- proved,and that W. P. Witt, Director of Parks & Recreation be advised promptly of this action. Mrs. Eunice Flatt, 4929, Curtis Clark, appeared on behalf of residents living in Gardendale, stating tha she appeared some weeks ago complaining of dust and that she had returned to complain that the dust had now turned to mud. 16 Gardendale residents appeared with her. Among them was Mrs. Evert Karal, 5510 Cain Drive, recently from the Netherlands, stating the section Gardendale is being embarrassingly labeled as "Garbagedale". Motion by Bigler, seconded by James and passed, that shell would be provided immediately to make the streets passable and that the property owners consider providing curbs,, gutters and sidewalks which are necessary before permanent surfacing of the streets is installed. Mrs. W. 0. Burdette of 5506 Cain, appeared, asking for a traffic light at the Intersection of Everhart and Lexington, stating that the traffic is too heavy for the safety of school children. Motion by Ingle, seconded by James and passed, that the City Manager be authorized to investigate and discuss with Traffic Engineer, Paul Rice, the wisdom of putting in a light at this location. A complaint was heard from a resident living in the vicinity of 14th and Marguerite and Buford and 17th, re bad drainage caused from stopped up drains. Mayor Smith promised an investigation of the matter. Richard Warren, representative of the American Federation of State, County and Municipal Employees, AFL-CIO, appeared before the Council to ask again for a statement that.City employees have a right to join the union The Council questioned Mr. Warren on a list of objectives which he gave councilmen during the meeting. He stated that the organization is to promote good legislation by the exercise of lawful means, which he said did not include the right to strike. Mayor Smith referred Mr. Warren to the City Charter which outlines the form of City Govern- ment and the rights of all Citizens. Mr. 0. C. Wheeler, 4826 Kostoryz Road, a seventh -Day Adventist barber, asked the City Council to amend the ordinance now in existence to permit him to operate a barber shop on Sunday. Mr. Wheeler stated that his re- ligion won't permit him to work on Saturday, and that his business is suffering, and hence the request. The Council took the matter under advisement. Motion by Bigler, seconded by James and passed that the meeting be adjourned. REGULAR COUNCIL MEETING September 24, 1958 2:00 p.m. PRESENT: Mayor Farrell D. Smith Commissioners: W. J. Roberts Charlie J. Aills Acting City Manager I. M. Singer B. E. Bigler Arthur R. Rames Asst City Attorney J. F. Park Manuel P. Maldonado Odell Ingle City Secretary T. Ray Kring Mayor Farrell D. Smith called the meeting to order. The Invocation was given by Reverend L. Y. Janes, of Christian Triumph Mission Church of God. City Secretary Kring called the roll of those in attendance. Motion by James, seconded by Maldonado and passed that the minutes of the regular meeting of September 17 be approved. Mayor Smith announced the_opening of bids. Bids were opened and read on 75 tons of Commercial Fertilizer from the following: Bactex Fertilizer Catto & Putty Goldthwaites Texas Toro Co. Watson Distr. Co., Inc. Wonder Gro Fertilizer Co., Ind.. 201 Motion by Maldonado, seconded by James and passed that the foregoing bids be tabled for 48 hours as required by the City Charter, and referred to the City Manager for tabulation. following: Bids were opened and read on 9 items of Full Circle Clamps in various quantities and sizes from the Alamo Iron Works C. C. Hardware Co. Dresser Manufacturing Co. Norvell-Wilder Co. Republic Supply The Rohan Co. SAMSCO Viking Supply Co. Gulf Supply Co. Motion by James, seconded by Maldonado and passed that:: the foregoing bids be tabled for 48 hours as required by the City Charter, and referred to the City Manager for tabulation. Bids were opened and read on 10 Packer Body units, and on an alternate with 2 -ton cabs & chassis, from the following: Seal -Press, Inc., Pak -Mor Mfg. Co., Commercial Body Co. Motion by Roberts, seconded by James and passed that the foregoing bids be tabled for 48 hours as re- quired by the City Charter, and referred to the City Manager for tabulation. Mayor Smith announced the Council would next hold the public hearing which had been postponed from September 10, 1958, on the application of Ray Peterson for a Special Council Permit to operate a privately owned operated park and playground on property described as Gulfgate Unit No. 1, located on the east side of Airline Road between McArdle and Lexington Boulevard. Mayor Smith read the background of the application and the recommendation of the Zoning & Planning Commission for approval within the building area as stipulated by the applicant for a period of one year, with the additional recommendation that the amusement area be completely fenced for the safety and protection of the chil No one appeared in opposition to the application. Motion by Ingle, seconded by Roberts and passed that the hearing be closed, and the application be 11 granted within the building area as stipulated by the applicant for a period of one year, and that the amusement area be completely fenced for the safety and protection of the children, as recommended by the Zoning & Planning Commission. Next was the public hearing postponed from September 10, 1958, on the application of Morgan Avenue Baptist Church for an amendment to the text of the Zoning Ordinance of the City, providing that Article XXIV (Board of Adjustment), Section 3, be amended so as to add thereto an additional section as follows: "9. To permit a church to use its lot or lots in any district as a parking area, during church activities for the vehicles of the congregation members, subject to any reasonable regulations or conditions the Board may deem necessary in the public interest." Mayor Smith read the background of the application and the recommendation of the Zoning & Planning Commission for approval, with the notation for the records that the two negative votes were cast with the feeling that there is adequate provision under the Zoning Ordinance for parking adjacent to church properties and that isolated parking areas spotted through a residential area would not be good planning and would adversely affect surrounding properties. No one appeared in opposition to the application. Motion by Ingle, seconded by James and passed that the hearing be closed, and the application be taken under advisement. Next was a public hearing regarding the prohibiting the keeping of bees within the City Limits. Thurman Lee Mullhollan, attorney, appeared with several bee -keepers in opposition to the passage of the proposed ordinance as written on the basis of the usefulness of bees in cross pollination in connection with cotton, fruit and flower yield; in their production of honey for persons who cannot tolerate white sugar in their diet; on the basis that bees in themselves are not a nuisance, but under given circumstances can become a nuisance; and on t basis that bees do not sting a person unless they are being hurt or disturbed by the person. Mr. Mullhollan sug- gested that a committee be appointed to dtudy the matter, perhaps with the assistance of the etomologist from A & M College whose services are free, with a view to adopting reasonable and practical regulations of beekeeping so that 24 it will not become detrimental to the neighbors. The following spoke in support of Mr. Mullhollan's remarks: Paul Vogler, on the basis of beekeeping being a part of the Boy Scout Merit Badge program; Mrs. Matern, a beekeeper; and Mr. Johns, a beekeeper. It was suggested that Mr. Mullhollan provide the Council with his written suggestions as to an accept- able ordinance covering this subject. advisement. Motion by Ingle, seconded by James and passed that::the hearing be closed,.and the matter taken under Mayor Smith announced the following appointments to Boards and Committees Building Standards Commission: Re -appointment of Mr. J.A.C. Baker, realtor, and Mr. J. E. Hartle, realtor; and appointment of Mr. Tanner Freeman, contractor, and Mr. Joe Smyth, architect. City -County Welfare Board: Appointment of Mr. Norvell J. Welsh. Board of Directors - Children's Services: Appointment of Mr. Charles Hale, replacing Reverend John DeForrest removed from the City. Motion by Bigler, seconded by Maldonado and passed that the foregoing appointments as announced by Mayor Smith be approved and confirmed. Mayor Smith announced the Council would next hear the City Manager's Reports. Motion by Bigler, seconded by Aills and passed that the award of contract for Seal Coating 12 miles of Streets be made to L. P. Sholl for $23,126.55. Motion by Maldonado, seconded by Ingle and passed that the award of contract for the construction of Curb Islands for the City Hall Parking Lot be made to Zeb Carson Construction Company for $2,159.04. Motion by Bigler, seconded by Aills and passed that the request of residents of Lum Street for the bari- cading of Francis Street be approved, and that Francis Street be barricaded between the Green Acres Subdivision and Koolside Addition. Motion by Maldonado, seconded by James and passed that the date of October 15, 1958, be set for a public hearing on the application of Carlos R. Neito for the Closing of the dead end of Tasco Street. Motion by Roberts, seconded by Bigler and passed that the recommendation of the Park & Recreation Board that a committee and sub -committees be appointed to promote air conditioning and the completion of facilities in Memorial Coliseum be referred to the City Manager for Council study. Motion by Ingle, seconded by Bigler and passed that specifications with regard to the advertisement for bids to be received on Heavy Equipment, be amended to include an alternate bid on a conventional type street sweeper THIRD AND FINAL READING OF AN ORDINANCE: ORDINANCE NO. 5160 AUTHORIZING AND DIRECTINg THE CITY MANAQER FOR AND On BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE A FARM LEASE AGREEMENT OF 83.6 ACRES OF LAND WITH C. R. LEHMAN FOR A TERM OF TWO (2) YEARS BEGINNING OCTOBER 1, 1958, AND ENDING SEPTEMBER 30, 1960. The foregoing ordinance was read for the third time and passed finally by the following vote.- Farrell ote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye ORDINANCE NO. 5161 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A CONTRACT BY AND BETWEEN THE CITY OF CORPUS CHRISTI AND THE CORPUS CHRISTI TRANS- PORTATION COMPANY, INC., GRANTING UNTO THE CORPUS CHRISTI TRANSPORTATION COMPANY THE USE PRI- VILEGE OF A CERTAIN ROOM IN THE CLIFF MAUS AIRPORT TERMINAL BUILDING CONTAINING AN AREA OF APPROXIMATELY ONE HUNDRED TWENTY (120) SQUARE FEET, FOR A PERIOD OF ONE (1) YEAR, COMMENCING FROM SEPTEMBER 1, 1958 AND ENDING AUGUST 31, 1959, FOR A STATED RENTAL IN THE AMOUNT OF TWO HUNDRED SEVENTY ($270.00) DOLLARS;/PR?VIDINg FOR THE TERMINATION THEREOF; AND DECLARING AN EMERGENCY. Providing or the use of said Area; The Charter Rule was suspended by the following vote 25 vote: The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye Farrell D. Smith Aye Aye B. E. Bigler W. J. Roberts Aye Manuel P. Maldonado Aye B. E. Bigler Aye, Aye Arthur R. James Manuel P. Maldonado Aye - Odell Ingle Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye vote: The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye W. J; Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye ORDINANCE NO. 5162 AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE RELEASE OF SPECIAL ASSESSMENTS AS FOLLOWS: (1) IN THE AMOUNT OF ONE THOUSAND THREE HUNDRED TWENTY-SIX AND 29/100 ($1,326.29) AGAINST THAT CERTAIN PROPERTY FRONTING 332.23 FEET ON THE SOUTH SIDE OF LOUISIANA STREET, DESCRIBED AS LOTS NOS. 1 AND 2, BLOCK 7, WATSON PLACE, AND THE OWNER THEREOF, MAY M. G. WATSON; (2) IN THE AMOUNT OF TWO HUNDRED SIXTY-SIX AND 32/100 ($266.32) AGAINST THAT CERTAIN PROPERTY FRONTING 50 FEET ON THE WEST SIDE OF THIRTEENTH STREET AND DESCRIBED AS BLOCK NO. 1102, LOTS 7 AND 8, ROPES AND CHAMBERLAIN, BAY TERRACE NO. 2, AND THE OWNER THEREOF, J. D. SOUTH AND WIFE, PEARL SOUTH; A COPY OF WHICH RELEASES ARE ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye ORDINANCE NO. 5163 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A CONTRACT WITH L. P. SHOLL TO "SEAL COAT" APPROXIMATELY 12 MILES OF STREETS, IN THE AMOUNT OF $24,300.00, AS DESCRIBED IN THE PLANS AND SPECIFICATIONS AND CONTRACT DOCUMENTS MADE A PART HEREOF BY REFERENCE; APPROPRIATING AND REAPPROPRIATING THE SUM OF $24,300.00 FROM THE CURRENT STREET MAINTENANCE BUDGET FUND CODE 321, OF WHICH $23,126.55 IS FOR THE CONSTRUC- TION CONTRACT AND $1,173.45 IS FOR CONTINGENCIES AND ENGINEERING SERVICES AS REQUIRED; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye FIRST READING OF AN ORDINANCE: PROVIDING SPECIFICATIONS, RULES AND REGULATIONS FOR SEWAGE DISPOSAL AND SANITATION ON LAKE CORPUS CHRISTI AND ITS MARGINAL GROUND; PROVIDING AND DEFINING AREAS OF THE LAKE RESTRICTED FROM ANY FISHING, SWIMMING OR OTHER RECREATIONAL ACTIVITIES; PROVIDING FOR BUILDING PERMITS; PROVIDING RULES AND REGULATIONS FOR THE OPERATION OF WATERCRAFT ON THE LAKE; PROVIDING PENALTIES FOR VIOLATIONS THEREOF; AND CONTAINING A SAVINGS CLAUSE. The foregoing ordinance was read for the first time and passed to its second reading by the following z 26 Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye ORDINANCE NO. 5164 REGULATING AND RESTRICTING THE STORAGE, HANDLING, TRANSPORTING, SALE, DISPENSING, AND USING OF LIQUEFIED PETROLEUM GASES; ESTABLISHING STANDARDS FOR SUCH OPERATIONS; DEFINING TERMS; PROVIDING STANDARDS FOR EQUIPMENT; LIMITING THE AREAS IN WHICH INSTALLATION MAY BE MADE; PROVIDING FOR THE ABATEMENT OF A NUISANCE RESULTING FROM DEFECTIVE OR SUB -STANDARD EQUIPMENT OR THE INSTALLATION THEREOF, OR OF MATERIALS, OR FROM IMPROPER METHODS OF STORING, HANDLING, TRANSPORTING, SELLING, DISPENSING, OR USING LIQUEFIED PETROLEUM GASES; REQUIRING LICENSES, PERMITS, INSPECTIONS AND FEES; REPEALING PROVISIONS IN CONFLICT; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PENALTY FOR VIOLATION; PROVIDING METHOD FOR PUBLICATION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado. Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye Mayor Smith announced that the next ordinance to be read and considered provided that the speed from Airline on Alameda to Troy Drive be reduced from 45 miles per hour to 30 miles per hour, and from Troy Drive on out to Ocean Drive be left at 45 miles per hour. He further acknowledged receipt of a 9 -point program written to the Council by the Montclair P.T.A. in the interest of the safety of the children attending Montclair Elementary School Vernon Smylie, president of the Montclair P. T. A., appeared with several members of the organization, displayed a map of the area involved, read and explained in detail the reasons for each of the 9 points of their request which constituted lowering the speed limit for the entire length of Alameda to 30 m.p.h.; designate the school crossing at Alameda and Parade as a 15 m.p.h. zone, move the crossing from the south side to the north side of Parade, hang a "School Crossing, 15 m.p.h." speed limit sign from the blinking light in this intersection, and control the blinking to between the hours of 8 a.m. and 5 p.m. on school days; immediately purchase and install upon arrival, a school crossing and blinker light of the type in use on Alameda between Lamar Park and Pope Place, and immediately paint warnigg signs in the traffic lanes near the intersection indicating the approach to the school zone; construct an asphalt topping on the west shoulder of Alameda from Handover to Parade for adequate walking room, and a shell walkway northward for 200' on the east side from the Parade intersection to join with the pavement to be constructed by Mr. Jack Ryan. The various 9 points were discussed at great length by the various members of the P.T.A. delegation. Motion by Roberts, seconded by Ingle and passedtthat the ordinance to be read concerning the speed limit on Alameda be amended before the reading to fix the maximum speed limit at 30 miles per hour applicable at all times for the entire length of Alameda Street. Motion by Ingle, seconded by James and passed that a light of the type existing at Minnesota and Santa Fe Streets be installed in lieu of the existing flashing light at the Alameda -Parade intersection, and that the school crossing be moved from the south side of Parade to the north side of Parade. There followed more discussion of the problems of this area, and Mayor Smith pointed out the monty spent and allocated for this area in the way of storm sewer work, park area, and the extension of the street pav- ing of Alameda in the near future which would make any topping of the road a very temporary measure, therefore the Council could only consider shell for the west shoulder of Alameda from Handover to Parade. Mayor Smith further explained that with reference to their request for a shell walkway, the matter would be considered at the time when Mr. Ryan has completed his street construction, and further remarked that there would be a police patrol in 2'7 the area for a short time for the enforcement of the speed limit, the blinker light will be controlled during school hours and temporary signs to limit the speed to.15 m.p.h. while light is flashing will be immediately installed at the Parade Street Crossing. ORDINANCE NO. 5165 AMENDING SECTION 50(a) OF ARTICLE V OF ORDINANCE NO. 2241, REGULATING TRAFFIC UPON PUBLIC STREETS, ALLEYS AND OTHER THOROUGHFARES IN THE CITY OF CORPUS CHRISTI, TEXAS, AS AMENDED BY ORDINANCE NOS. 2515 AND 3565, SO AS TO FIX THE MAXIMUM SPEED LIMIT AT 30 MILES PER HOUR APPLICABLE AT ALL TIMES FOR THE ENTIRE LENGTH OF ALAMEDA STREET, AND FIXING PENALTY FOR VIOLATIONS, AND REPEALING ALL OTHER ORDINANCES IN CONFLICT THEREWITH; PROVIDING FOR PUBLICA- TION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Odell Ingle Aye Arthur R. James Aye Mayor Smith invited anyone in the audience with petitions or information for the Council to come forward and be heard. Mr. Ralph Graham, attorney representing Mr. D. W..Grant with regard to his dedication of 20' of his pro- perty for road purposes on Savage Lane, requested some type of written assurance from `the Council that should the City in the future buy right-of-way for Savage Lane from the other property owners along the road that Mr. Grant wil be reimbursed for his 20' dedication. Motion by Ingle, seconded by Maldonado and passed that;: the matter be taken under advisement. There being no further business to come before the Council, the meeting was adjourned. PRESENT: Mayor Farrell D. Smith Commissioners: W. J. Roberts B. E. Bigler Manuel P. Maldonado Charlie J. Aills Arthur R. James Odell Ingle 24 be approved. following: REGULAR COUNCIL MEETING October 1, 1958 2:00 P. M. Acting City Manager I. M. Singer Ass't City Attorney J. F. Park City Secretary T. Ray Kring Mayor Farrell D. Smith called the meeting to order. The Invocation was given by Reverend Edward A. Mayer, of St. Paul's United Church of Christ. City Secretary Kring called the roll of those in attendance. Motion by Maldonado, seconded by James and passed that the minutes of the regular meeting of September Mayor Smith announced the opening of bids. Bids were opened and read on the Construction for the Gardendale Water Distribution System from the Whitten Construction Co. Artesian Water & Development Co. Slovak Brothers Heldenfels Brothers T. H. Lee W. A. Dorris Motion by Bigler, seconded -by Aills and passed that the foregoing bids be tabled for 48 hours as re- quired by the City Charter, and referred to the City Manager for tabulation. Mayor Smith announced the Council would next take action on the pending item of the application of 28 Morgan Avenue Baptist Church for a Change in the Zoning Text, for which public hearing was held on September 24,1958. Motion by Bigler, seconded by Roberts and passed that the application of the Morgan Avenue Baptist Church for a change in the text of the Zoning Ordinance be approved as recommended by the Zoning•& Planning Commission, and that the Zoning Ordinance be amended by amending Article XXIV (Board of Adjustment) Section 3, so as to add thereto an additional section as follows: "9. To permit a church to use its lot or lots in any district as a parking area, during church aertivities, for the vehicles of the congregation members, subject to any reasonable regulations or conditions the board may deem necessary in the public interest." Mayor Smith announced the Council would next hear the City Manager's Reports. Motion by Ingle, seconded by Maldonado and passed that the award of bid for 75 tons of Commercial Fertili isr be made to Watson Distributing Company for a total of $4,128.75. (See Bid Tabulation #50 in File.) Motion by Bigler, seconded by Roberts and passed that the award of bid for Full Circle Clamps of various sizes and types, be made to Viking Supply Corp. for 381 Full Circle Clamps for a total of $3,313.53; and to The Rohan Company for two 10" x 20" Full Circle Clamps for 14.08 O.D. A.C. Pipe for a total of $34.98. (See Bid Tabulation #51 in File.) Motion by Aills, seconded by Roberts and passed that the City Manager be authorized to advertise for bids to be received on October 15 for 7 items of Telemeter Transmitters and -Receivers and Rectifying Units. Motion by Ingle, seconded by Roberts and passed that the City Manager be authorized to advertise for bids to be received on October 15 for 340, 1004 High Grade Magnesium Anodes or High Potential Anodes. Motion by Ingle, seconded by Roberts and passed that the date of Monday, October 27, 1958, during a Spe- cial Meeting convening at 2:00 p. m., be set for a public hearing on 3 zonigg applications. Motion by Bigler, seconded by Ingle and passed that the transfer of franchise granted to Al Escalante d/b Corpus Christi Sight Seeing Service to operate a scenic motor tour service to Corpus Christi Sight Seeing Service, Inc., be approved subject to approval of the City Manager with regard to a showing of financial stability. Wit�'regard to the application of Corpus Christi Transportation Co. to transfer their rights, title and interest in their franchise to operate a "Driverless Automobile" business, together with their 35 permits, to The Hertz Corp., thele followed a lengthy discussion. George Brundrett, attorney representing Mission Rent -a -Car Co., and Owen D. Cox, attorney representing Coastal Bend Rent -a -Car Co., requested a postponement of one week to allow them sufficient time to prepare and submit evidence in opposition to the application. Howard Sudduth, attorney representing both Corpus Christi Transportation Co. and The Hertz Company, asked that the application be considered at this meeting, on the basis that the request entailed only the transfer of what- ever legal and valid franchise they -had, together with whatever legal and valid permits they had to The Hertz Company, and that any attack which the other "Driverless Automobile" franchise holders wished to make on the legality or vali- dity of their franchise and/or their permits could be made at any time. Motion by Ingle, seconded by Maldonado and passed that the matter of the application for the transfer of "Driverless Automobile" franchise from the Corpus Christi Transportation Co. to The Hertz Company be postponed until the next regular meeting, with no prejudice to the applicant occasioned by the extension of time. Mr. Cox stated that he would do his best to advise Counsel and the Council of his client's position in the matter before the regular meeting next week. Motion by Bigler, seconded by Ingle and passed that the City Manager be authorized to advertise for bids to be received at a Special Meeting at 10:00 a. m., on November 12, 1958, on the sale of $3,500,000 General Obliga- tion Bonds as follows: Storm Sewer Improvements $ 149,000 Street Improvements $ 285,000 Fire Stations & Equipment $ 40,000 Traffic Control Systems $ 56,000 Sanitary Sewer Improvements $ 600,000 Airport Improvements $ 700,000 Freeway Rights-of-way & High Level Bridge $ 1,370,000 Oso Bay Sewage Disposal & Reclamation of Oso Bay Area $ 300,000 29 Motion by Bigler, seconded by Roberts and passed that the prices be fixed for the sale of The Code of the City of Corpus Christi, Texas, 1958, as follows: Permanent Bound Copy, $10.00; Post -Bound Copy, $10.00; and Loose -Leaf Copy, $7.50; plus $1.00 for Certification, if desired. Motion by Bigler, seconded by Aills and passed that the City enter into a contrazt with Robert N. Barnes to act as Fiscal Agent for the sale of $3,500,000 General Obligation Bonds for the consideration of $1200.00. Motion by Roberts, seconded by Aills and passed that the City proceed with the work of placing shell on Burton Lane in Gardendale Addition, and that any other work in the area in connection with street improvement be left to the discretion of the City Manager. ORDINANCE NO. 5166 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 RESOLU- TION RECORDS, AS AMENDED FROM TIME TO TIME, AND PARTICULARLY AS AMENDED BY ORDINANCE NO. 2266 PASSED AND APPROVED ON THE 4TH DAY OF MAY, 1948, APPEARING OF RECORD IN VOLUME 16, PAGES 339 ET SEQ OF THE ORDINANCE AND RESOLUTION RECORDS, AND AS'AMENDED BY ORDINANCE NO. 4846 ADOPTED ON THE 21 ST DAY OF AUGUST, 1957, BY AMENDING THE ZONING MAP BY CHANGING THE ZONING OF LOTS 6 AND 7, BLOCK 1, GULFGATE UNIT 2, FROM "A-4" TOURIST COURT DISTRICT TO "B-1" NEIGHBORHOOD 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 by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye ORDINANCE NO. 5167 AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE AN ASSIGNMENT AGREEMENT CONCERNING THE CERTAIN WATER WELL LOCATED ON THE FANNIE BLUNTZER NASON PROPERTY IN NUECES COUNTY, TEXAS, FOR AND IN CONSIDERATION OF THE TERMS OF THE CONTRACT ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye .Arthur R. James Aye Odell Ingle Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye ORDINANCE NO. 5168 APPROPRIATING FROM NO. 209 STREET TRAFFIC CONTROL SYSTEM BOND IMPROVEMENT FUND THE SUM OF $850.00 FOR THE PURPOSE OF PURCHASING AND INSTALLING TWO SCHOOL CROSSING SIGNALS ON ALAMEDA STREET IN THE VICINITY OF THE MONTCLAIR ELEMENTARY SCHOOL; PROVIDING THAT SUCH INSTALLATION SHALL BE DONE BY CITY FORCES; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye 30 t The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Charlie J. Aills Aye:: Arthur R. James Aye ... Manuel P. Maldonado Aye Odell Ingle Aye ORDINANCE NO. 5169 AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE RELEASE OF SPECIAL ASSESSMENT AS FOLLOWS: IN THE AMOUNT OF FIVE HUNDRED THIRTY AND 78/100 DOLLARS AGAINST THAT CERTAIN PROPERTY FRONTING 130 FEET'ON THE EAST SIDE OF SOUTH STAPLES STREET, DESCRIBED AS LOT NO. 16 IN BLOCK 31 OF LINDALE PARK, SECTION NO. 3, AND ,THE OWNER THEREOF, R. J. JUTTNER; A COPY OF WHICH RELEASE IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle SECOND READING OF AN ORDINANCE: PROVIDINg SPECIFICATIONS, RULES AND REGULATIONS FOR SEWAGE DISPOSAL AND SANITATION ON LAKE CORPUS CHRISTI AND ITS MARGINAL GROUND; PROVIDING AND DEFINING AREAS OF THE LAKE RESTRICTED FROM ANY FISHING, SWIMMING OR OTHER RECREATONAL ACTIVITIES;*PROVIDING FOR BUILDING PERMITS; PROVIDING RULES AND REGULATIONS FOR THE OPERATION OF WATERCRAFT ON THE LAKE; PROVIDING PENALTIES FOR VIOLATIONS THEREOF; AND CONTAINING A SAVINGS.CLAUSE. The foregoing ordinance was read for the second time and passed to its third and final reading by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye ORDINANCE NO. 5170 AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO ENTER INTO AN AGREEMENT WITH ROBERT N. BARNES OF CORPUS CHRISTI, TEXAS, WHEREBY SAID ROBERT N. BARNES AGREES TO FURNISH CERTAIN PERSONAL AND PROFESSIONAL SERVICES IN CONNECTION WITH THE SALE OF A $3,500,000 ISSUE OF PREVIOUSLY VOTED BONDS OF THE CITY OF CORPUS CHRISTI, TEXAS, IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF SAID AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye 31 ORDINANCE NO. 5171 AN ORDINANCE ADOPTING A REVISION AND CODIFICATION OF THE ORDINANCES OF THE CITY OF CORPUS CHRISTI, TEXAS; PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES NOT INCLUDED HEREIN; AND FOR OTHER PURPOSES HEREINAFTER SET FORTH; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye B. 8. Bigler Aye W. J. Roberts Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye ORDINANCE NO. 5172 AN ORDINANCE PROVIDING FOR THE CONSTRUCTION AND MAINTENANCE OF THE PORTION OF STATE HIGHWAY NO. 358, LEXINGTON BOULEVARD, (ALONG AND OVER EXISTING LOCATION) IN THE CITY OF CORPUS CHRISTI BETWEEN THE FOLLOWING LIMITS, TO -WIT: FROM THE EAST CITY LIMITS OF CORPUS CHRISTI TO STATE HIGHWAY NO. 286, CHAPMAN RANCH ROAD, AS A FREEWAY AND AS A STREET, HEREINAFTER REFERRED TO AS "THE PROJECT" AND AUTHORIZING ' THE CITY MANAGER OF THE CITY TO EXECUTE AND THE CITY SECRETARY TO AFFIX THE CORPORATE SEAL AND ATTEST THE SAME, A CERTAIN CONTRACT BETWEEN THE CITY AND THE STATE OF TEXAS PROVIDING FOR THE CONSTRUCTION, MAINTENANCE, EXISTENCE AND USE OF SAID PROJECT AS A FREEWAY AND AS A STREET, AND DETERMINING THE LIABILITIES AND RESPONSIBILITIES OF THE CITY AND THE STATE OF TEXAS WITH REFERENCE THERETO, AND DECLARING AN EMERGENCY AND PROVIDING THAT THE ORDINANCE SHALL BE EFFECTIVE FROM AND AFTER ITS PASSAGE. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye Mayor Smith invited anyone in the audience with petitions or information for the Council to come forward and be heard. Willie Rufus Jones, 5334 Holly Road, requested that the City Council re -issue his permit to operate a taxicab in the City on the basis that he has not been able to have appeals brought to trial on the matters for which his permit was revoked. After some discussion of various incidents leading to the revoking of Mr. Jenes' permit by the various Taxicab Inspectors, Mayor Smith advised Mr. Jones that in order for the Council to act upon -his request, he must, unde the ordinance governing taxicab permits, first make application in writing to the Taxicab Inspector for the re -instate ,hent of his permit. He further advised Mr. Jones that it would be to his best interests to obtain the services of a competent attorney to advise and assist him in the matter of clearing his record of implied convictions, and that in the event that he could not afford to pay an attorney, the Nueces County Bar Association will furnish a competent ttorney at no expense to Mr. Jones to advise him. ORDINANCE NO. 5173 AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE FOR AND ON BEHALF OF THE CITY A JOINT AGREEMENT WITH THE COUNTY OF NUECES, FIXING ALL RESPONSIBILITY FOR PROCURING RIGHT-OF-WAY IN NUECES COUNTY FOR THE EXTENSION OF LEXINGTON BOULEVARD FROM HIGHWAY 286 NORTHWEST, TO U. S. HIGHWAY 37 AS A PART OF THE FREEWAY SYSTEM OF THE CITY AND THE RESPONSIBILITY IN THE CITY FOR PROCURING RIGHT-OF-WAY ON CROSS-TOWN EXPRESSWAY PROJECT; FIXING FINANCIAL RESPONSIBILITY BE- TWEEN THE CITY AND THE COUNTY; PROVIDING FOR AN ACCOUNTING; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye 32 The foregoing ordinance was passed by the following vote: Farrell D. Smith W. J. Roberts B. E. Bigler Manuel P. Maldonado Charlie J. Aills Arthur R. James Odell Ingle Aye Aye Aye Aye Aye Aye Aye There being no further business to come before the Council, the meeting was adjourned. PRESENT• Mayor Farrell D. Smith Commissioners: W. J. Roberts B. E. Bigler Manuel P. Maldonado Charlie J. Aills Arthur R. James Odell Ingle REGULAR COUNCIL MEETING October 8, 1958 2:00 P. M. Acting City Manager I. M. Singer Ass't City Attorney J. F. Park City Secretary T. Ray Kring Mayor Farrell D. Smith called the meeting to order. The Invocation was given by Reverend Thomas A. Burton, of First Church of the Nazarene. City Secretary Kring called the roll of those in attendance. Motion by Ingle, seconded by Maldonado and passed that the minutes of the regular meeting of October 1, be approved. Mayor Smith announced the opening of bids. Bids were opened and read on 38,336' of 2" and 16,400' bf 4" Bare Steel Pipe from the following: Atlas Pipe Co. Allied Plumbing Co. Gulf Supply Co. Lone Star Steel Co. Crane Co. Texas Pipe & Supply Co. Norvell-Wilder Tex -Tube, Inc. Bethlehem Steel Corp. Superior Iron Works Louis Greenspon, Inc. SAMSCO Alamo Iron Works Motion by Maldonado, seconded by James and passed that the foregoing bids be tabled for 48 hours as required by the City Charter, and referred to the City Manager for tabulation. Bids were opened and read on 7,936' of 4" Mechanical Joint Cast Iron Pipe and Fittings from the follow- ing: American Cast Iron Pipe Co. Municipal Pipe & Fabricating Co. The Rohan Co., Inc. James B. Clow U. S. Pipe & Foundry Co. Lone Star Steel Viking Supply Corp. Gulf Supply Co. Allied Plumbing Norvell-Wilder SAMSCO Alamo Iron Works Motion by Maldonado, seconded by James and passed that the foregoing bids be tabled for 48 hours as re- quired by the City Charter, and referred to the City Manager for tabulation. Bids were opened and read on 15 items of Automotive Equipment from the following: Ed Hoffman Motors Lewis Boggus Gulf Chevrolet International Harvester Bill Moyer Nash Frank Williamson Motors Motion by Ingle, seconded by James and passed that the foregoing bids be tabled for 48 hours as required by the City Charter, and referred to the City Manager for tabulation. 33 Bids were opened and read on 9 items of Heavy Equipment from the following: Anderson Machine Co. Ingram Equipment Co. Girard Machine & Supply Co. McCormick Farm Equipment Store The Roy Klossner Co. Jess McNeel,Machine Corp. Pearce Equipment Co., Inc. Spencer Bros. Equipment Co. Dulaney Service Co. Flippen Tractor Co. Thurmond Rental & Sales Corp. Corpus Equipment & Supply Co. Closner Equipment Co. Motion by Bigler, seconded by Aills and passed that the foregoing bids be tabled for 48 hours as required by the Cixy Manager for tabulation. Mayor Smith announced the Council would next hear the City Manager's Reports. Motion by Roberts, seconded by Aills and passed that the City Manager be authorized to advertise for bids to be received on October 22 for 2 -months' supply of Fuel Requirements consisting of Premium Gasoline, Regular- , v Gasoline, Kerosene and Disel Fuel. Motion by Maldonado, seconded by Ingle and passed that the City Manager be authorized to advertise for bids to be received on October 22 for 1 Portable Power Pipe Cutter. Motion by Ingle, seconded by Maldonado -and passed that the City Manager be authorized to advertise for bids to be received on October 22 for several items of Plastic Pipe, Fittings & Solvent. Motion by Ingle, seconded by Bigler and passed that the City Manager be authorized to advertise for bids to be received on October 29 for the sale of various quantities of 91 items of.obsolete warehouse inventory. Motion by Bigler, seconded by Ingle and passed that the award of contract for the construction of Garden - dale Area Water Distribution System be made to W. A. Dorris in the amount of $82,889.64, and that the work order con- tain provision for each section between valves to be inspected and tested by the City before the next section is com- menced, and made available for City forces to make service connections as placed. In connection with the request of the Corpus Christi Yacht Club for City property on the L -Head, most of which is now occupied by the Herndon Marine Products Co., Bob Blair, Commodore of the Corpus Christi Yacht Club, ex- plained the background for the request, the proposed $100,000 improvements and development of the property; Harvie Branscomb, Jr., attorney, explained the terms and conditions of the proposed deed to the property for which the Club was requesting Council approval; John P. Mitchell, Jr., Chairman of the Bayfront Advisory Board, spoke in support of the proposal on the basis of the benefits to the City in the development of our Bayfront and the need for this type of recreational waterfront facilities; Mrs. W. Armstrong Price, Chairman of the Park & Recreation Board, stated that the Board was unanimously in favor of the proposal as exactly the type of bayfront development long planned and hoped for as a definite asset to the entire City; Bob Conwell, Coastal Bend Tourist Association, Franklin Flato, and Dan Chamberlin, speaking for the Board of Directors of the Chamber of Commerce, all spoke in support of the proposal; Dr. Ford Allen spoke in favor of the proposal on the basis of the benefits to the Boy and Girl Sea Scouts. After a lengthy discussion of the legal questions involved in regard to the deeding of City property to a private organization, the consideration required, and the wording of the deed, it was agreed that Mr. Branscomb v. would provide the Council with a brief on the matter of what is, in this instance, required as to consideration with- in the next day or two. Motion by Roberts, seconded by James and passed that the proposal and request of the Corpus Christi Yacht Club with regard to certain portions of the L -Head be received for study. Motion by Bigler, seconded by Maldonado and passed that James M. Honaker be employed as Rate Consultant to.assist in the Southwestern Bell Telephone rate increase request, and that an agreement be prepared by the Legal Department to set out inddetail the services to be covered, as follows: 1. Services will include the analysis of all questions involved in the consideration and disposition of the rate application of Southwestern Bell Telephone Company now on file with the City of Corpus Christi and all material offered by the Telephone Company in support of such application as well as material available for use by the City incopposition to the application. 34 2. The legal and accounting points involved will be pointed out with authoritative opinion as to the proper rule of the Council to apply on each point. 3. Mr. Honaker to be personally present at each hearing and recesses ofhearings until final decision is made by the Council on rate application. 4. Mr. Honaker to serve as witness if called by the City at any hearing'or hearings. 5. Mr. Honaker to make recommendation to the Council for steps in•procedure to be taken and recommenda- tion for final action by the Council on the items involved in the rate application. 6. Mr. Honaker to make written request for such information as in his opinion the City Council should require the Telephone Company to furnish in connection with the proper consideration of the rate application. 7. Mr. Honaker to furnish such imformative material and statements to the Council as will be useful to them in understanding the material furnished by the Telephone Company and the basic questions proper for the con- sideration of the City Council. 8. The per diem fee of $100 per day stated in Mr. Honaker's proposal'is intended to apply to each 71-hou day of his personal time spent in work on this rate application and days actually spent in the conduct of hearings before the City Council or in conference with the City Council. Time spent in traveling will not be included as eligible for the per diem fee. The total fee to be paid to Mr. Honaker in any event shall not exceed $3,000 plus actual travel expenses. Motion by Ingle, seconded by Bigler and passed that the Tax Error and Correction List for September, 1958 be approved. Mayor Pro -tem Roberts stated for the record that the item listed in the Correction List as Crockett Oil Co. does not involve any property which he owns. Motion by Ingle, seconded by James and passed that instead of the shell previously authorized, that Bur- ton Lane be improved for its entire length with a 6" caliche, double asphalt surface treatment, and that this work be added to the present contract with Troy Grant, without curb and gutters. George Brundrett, attorney representing Mission Rent -a -Car Co., stated that it was his opinion that from a legal standpoint the Corpus Christi Transportation Co. is the holder of a legal and valid franchise to operate a "Driverless Automobile" businesslin the City, and that whether or not the Council allows the transfer of this fran- chise is a matter of discretion,ibut asked the Council to consider in its decision the fact that the present holder of the franchise, as a practicallmat'ter, has abandoned any use of the'franchise, and that if there is an existing need for this facility, the present franchise holder would be using it, and suggested that it would seem logical for the Council to deny the transfer and let the Hertz Company apply for a franchise to operate in this City in the usual manner provided. Acting City Manager Singer reported to the Council that Owen D. Cox, representing Coastal Bend Rent -a - Car Co., had asked him to convey to the Council his concurrence in Mr. Bruddrett's opinion as to the legal and valid franchise held by Corpus ChristilTransportation Co, and the fact that it was a matter of discretion of the Council, but that his client was opposed to the transfer. Howard Sudduth, attorney representing the Corpus Christi Transportation Co., Mr. Burns, vice-president of The Hertz Company, and Mr. Martin who will be the local operator if the transfer is approved, answered questions of the Council as to financial stability and responsibility of The Hertz Company, competency of operation, ability to provide cars to fill the 35 permits, and their opinion as to the public convenience and need for their services' in this City. ORDINANCE NO. 5174 AUTHORIZING THE TRANSFER OF A FRANCHISE TO ENGAGE IN THE BUSINESS OF OPERATING A "DRIVERLESS AUTOMOBILE" BUSINESS',FROM CORPUS CHRISTI TRANSPORTATION CO. TO THE HERTZ CORPORATION, AND ALL RIGHTS AND PRIVILEGES THEREUNDER; AND DECLARING AN EMERGENCY. The Charter Rule was'suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye 35 Arthur R. James Aye Odell Ingle Aye Acting City Manager Singer asked the Council if they were ready to take any action on the recommendation of the Legal Department that the Corpus Christi Transportation Co. be required to furnish additional deposit in lieu sof insurance in connection with its taxicab operation, and reported that a lien has been levied against the deposit by the Internal Revenue Department, and more recently, the funds have been claimed by the Receiver in a bankruptsy suit as being part of the assets of the bankrupt Airline Taxi Co., and stated that he felt the Corpus Christi Trans- portation Co. should be required to provide additional security because of the several claims to the same deposit. After some discussion of the status of the claims, Mr. Sudduth agreed to have his client voluntarily bring the cash deposit up to the full $10,000 provided for in,the ordinance, but that he would have to study the matter of anything beyond that in the light of whether or not it would in any way jeopardize his client's position in any other claim. THIRD AND FINAL READING OF AN ORDINANCE: ORDINANCE NO. 5175 AUTHORIZING AND DIRECTING THE CITY MANAGER OF THE CITY OF CORPUS CHRISTI, TEXAS, TO EXECUTE FOR AND ON BEHALF OF THE CITY AN AGREEMENT WITH W. C. NICHOLSON, LEASING CERTAIN LAND AT CUDDIHY FIELD, BEING APPROXIMATELY 301 ACRES, TO BE USED FOR AGRICULTURAL PURPOSES, WHICH AGREEMENT SHALL BE ON THE FORM FOR LEASE OF CUDDIHY FIELD PROPERTY HERE- TOFORE APPROVED BY THE NAVY. The foregoing ordinance was read for the third time and passed finally by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye THIRD AND FINAL READING OF AN ORDINANCE: ORDINANCE NO. 5176 GRANTING TO ELI ABRAMS, DOING BUSINESS AS THE COURTESY ADVERTISING COMPANY, A FRANCHISE FOR A PERIOD OF FIVE (5) YEARS TO CONSTRUCT, ERECT, PLACE AND MAINTAIN TRASH CANS, ON SIDE- WALKS IN THE PRIMARY BUSINESS DISTRICT OF THE CITY OF CORPUS CHRISTI, TEXAS, AS SUCH DISTRICT :'.IS DEFINED:.AND OUTLINED BY THE ZONING ORDINANCE AND ZONING MAP OF SAID CITY; TO USE AND EMPLOY THE SIDES OF SAID CANS FOR ADVERTISING BY SIGNS PLACED THEREON; PROVIDING FOR A FIXED CHARGE FOR SAID FRANCHISE AND FOR METHODS OF PAYMENT`TO THE CITY OF CORPUS CHRISTI; PROVIDING FOR THE DESIGNATIONS OF LOCATIONS AND THE PROPER CONSTRUCTION AND MAINTENANCE OF SAID TRASH CANS; LIMITING THE CHARACTER AND KIND OF ADVERTISING PERMITTED; PROVIDING FOR PUBLIC LIABILITY INSURANCE TO PROTECT THE CITY, GRANTEE AND THE PUBLIC. The foregoing ordinance was read for the third time and passed finally by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye THIRD READING OF AN ORDINANCE: ORDINANCE NO. 5177 PROVIDING SPECIFICATIONS, RULES AND REGULATIONS FOR SEWAGE DISPOSAL AND SANITATION ON LAKE CORPUS CHRISTI AND ITS MARGINAL GROUND; PROVIDING AND DEFINING AREAS OF THE LAKE RESTRICTED FROM ANY FISHING, SWIMMING OR OTHER RECREATIONAL ACTIVITIES; PROVIDING FOR BUILDING PERMITS; PROVIDING RULES AND REGULATIONS FOR THE OPERATION OF WATERCRAFT ON THE LAKE; PROVIDING PENALTIES FOR VIOLATIONS THEREOF; AND CONTAINING A SAVINGS CLAUSE. The foregoing ordinance was read for the third time and passed finally by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye 36 ORDINANCE NO. 5178 AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A CONTRACTUAL AGREEMENT FOR RIGHT-OF- WAY PROCUREMENT FOR AND ON.BEHALF OF THE CITY OF CORPUS CHRISTI, WITH THE TEXAS HIGHWAY DEPARTMENT ON STATE HIGHWAY 286 LOCATED BETWEEN INTERSTATE HIGHWAY 37 AND AGNES STREET IN THE CITY OF CORPUS CHRISTI, -A COPY OF WHICH AGREEMENT IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye ORDINANCE NO. 5179 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A CONTRACT WITH W. A. DORRIS FOR THE CONSTRUCTION OF THE GARDENDALE AREA WATER DISTRIBUTION SYSTEM, PROJECT NO. 7-53-20, APPROPRIATING THE SUM OF $87,000.00 FROM NO. 202 WATER BOND CONSTRUCTION FUND OF WHICH $82,889.64 IS FOR THE CONSTRUCTION CONTRACT, $4,110;36 IS FOR CONTINGENCIES, INCLUDING ENGINEERING BY CITY FORCES; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye The foregoing ordinance was passed by the•following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye ORDINANCE NO. 5180 AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI AN AGREEMENT WITH THE BOARD OF WATER ENGINEERS OF THE STATE OF TEXAS FOR THE MAINTENANCE AND OPERATION OF A STREAM FLOW STATION ON THE NUECES RIVER NEAR TILDEN, TEXAS, FOR THE YEAR BEGINNING OCTOBER11, 1958, AT A COST OF ONE THOUSAND SIXTY AND N0/100 . ($1,060.00) DOLLARS, ONE-HALF OF WHICH IS TO BE PAID BY THE CITY OF CORPUS CHRISTI OUT OF BUDGET FUNDS APPEARING IN THE BUDGET UNDER CODE NO. 112 AS WATER SUPPLY DIVISION OF THE WATER FUND; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye ORDINANCE NO. 5181 AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI, TEXAS, ADOPTED ON THE 27TH DAY OF AUGUST, 1937, APPEARING OF RECORD IN VOLUME 9, PAGES 565 ET SEQ OF THE ORDINANCE AND RESOLU- TION RECORDS, AS AMENDED FROM TIME TO TIME AND PARTICULARLY AS AMENDED BY ORDINANCE NO. 2266 PASSED AND APPROVED ON THE 4TH DAY OF MAY, 1958, APPEARING OF RECORD IN VOLUME 16, PAGES 339 ET SEQ OF THE ORDINAUCE AND RESOLUTION RECORDS, AND AS AMENDED BY ORDINANCE NO. 4846, ATOPTED ON THE 21ST DAY OF AUGUST, 1957, APPEARING OF RECORD IN VOLUME 26, PAGES 385 ET SEQ D 4 3'7 OF THE ORDINANCE AND RESOLUTION RECORDS, BY AMENDING ARTICLE XXIV (BOARD OF ADJUSTMENT) SECTION 3, SO AS TO ADD AN ADDITIONAL SECTION DESIGNATED AS SUB -SECTION NINE (9) SO AS TO AUTHORIZE THE BOARD OF ADJUSTMENT TO -GRANT A EERMIT TO A CHURCH TO USE ITS LOT AS A PARKING AREA; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle- Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye Mayor Smith invited anyone in the audience with petitions or information for the Council to come for- ward and be heard. Mrs. W. Armstrong Price, Chairman of the Park & Recreation Board, requested that funds be made available now for the development of Pope Park since this is the planting season. Mrs. Price suggested that Mr. Bartholomew be asked to contact Mr. Nelson Rockefeller with a view to interesting him in developing the Oso Area. She further urged that the Council appoint a committee to promote air conditioning and the completion of facilities in Memorial Coliseum as recommended by the Park & Recreation Board, and under advisement by the Council for study. There being no further business to come before the Council, the meeting was adjourned. I, Farrell D. Smith, Mayor of the City of Corpus Christi, Texas, certify that the foregoing minutes, same being for the period of August 19, 1958, through October 8, 1958, inclusive, and having been previously ap§rov- ed by Council Action, are by me hereby approved. PRESENT: Mayor Farrell D. Smith Commissioners: W. J. Roberts B. E. Bigler Manuel P. Maldonado Charlie J. Aills Arthur R. James Odell Ingle be approved. ing: FA LL D. SMITH, Mayor City of Corpus Christi, Texas REGULAR COUNCIL MEETING October 15, 1958 2:00 p. m. Acting City Manager I. M. Singer Assistant City Attorney J. F. Park City Secretary T. Ray Kring Mayor Farrell D. Smith called the meeting to order. The Invocation was given by Commissioner B. E. Bigler, due to the absence of the invited guest chaplain. City Secretary Kring called the roll of those in attendance. Motion by Maldonado, seconded by James and passed that the minutes of the regular meeting of October 8 Mayor Smith announced the opening of bids. Bids were opened and read on 7 items of Telemeter Transmitters', Receivers & Rectifiers from the follow- The Bristol Co. Westcott & Greis, Inc. Minneapolis -Honeywell Regulator Co. The Foxboro Co. 38 Motion by James, seconded by Aills and passed that the foregoing bids be tabled for 48 hours as required by the City Charter, and referred to the City Manager for tabulation. Q� Bids were opened and read on 340 - 100# High Grade, Aigh Potential Anodes from the following: Corrosion Rectifying Co. Standard Magnesium Corp. Cathodic Protection Service Corrosion Services, Inc. Motion by Bigler, seconded by Aills and passed that the foregoing bids be tabled for 48 hours as required by the City Charter, and referred to the City Manager for tabulation. Mayor Smith announced the re -appointment of Reverend Hubert C. Palmer, Rector of All Saints Episcopal Church; and the appointment of Mrs. W. A. Saunders and Mrs. Conrad Blucher, to fill the expired terms of Mrs. Frank Chilson and Mrs. George R. Clark, Jr., on the La Retama Library Board, effective November 1 for two year terms. Motion by Bigler, seconded by Maldonado and passed that the foregoing appointments be confirmed. Mayor Smith announced the Council would next hear the City Manager's Reports Motion by Roberts, seconded by Maldonado and passed that the award of bid for 7,936' of 4" Mechanical Joint Cast Iron Pipe and Fittings be made to Lone Star Steel Co. for a total amount of $10,901.36. (See Bid Tabula- tion #52 in File.) Motion by Maldonado, seconded by Bigler and passed that the City Manager be authorized to advertise for bids to be received October 29 for Painting and Repairing of 4 Water Tanks located at Alameda,.Gollihar, Morgan and Sam Rankin Streets. Motion by Roberts, seconded by Maldonado and passed that the paving of Airline Road between McArdle and Lexington be added to Troy Grant's present contract for the re -working of streets within the annexed area. Motion by Bigler, seconded by James and passed that the City Manager be authorized to advertise for bids to be received on October 29 for one new or used trenching machine, capable of digging a trench 24" wide and 23" deep with an option of a 24 -month lease purchase. Motion by Bigler, seconded by James and passed that the award of bid on 10 Packer Bodies be made to P.ak- Mor Manufacturing Co., less 2 trade-ins, for a total of $31,165.00 (See Bid Tabulation #53 in File). Motion by Maldonado, seconded by James and passed that Mrs. Doris Francis be appointed Acting City Secre- tary during the vacation leave of T. Ray Kring. Motion by Ingle, seconded by James and passed that the bid check of Southern Community Gas Co., in the amount of $100,000.00, deposited with the City in connection with the bids on the City's Natural Gas Supply, be re- turned to the bidder. ORDINANCE NO. 5182 AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE RELEASE OF SPECIAL ASSESSMENT AS FOLLOWS: IN THE AMOUNT OF FOUR HUNDRED NINETY AND 50/100 DOLLARS AGAINST THAT'CERTAIN PROPERTY FRONTING 120 FEET ON THE EAST SIDE OF SOUTH STAPLES STREET, DESCRIBED AS ALL THAT CERTAIN TRACT OR PARCEL OF LAND BEING LOT 15 IN BLOCK NO. 31 OF LINDALE PARK, SECTION NO. 3, AND THE OWNER THEREOF, R. V. RANNE; A COPY OF WHICH RELEASE IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith* Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye ORDINANCE NO. 5183 AGITHORIZTNG AND DIRZCTTNG TRS CITY yANACRR, FOA AND ON MALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE AN EXTENSION OF CONTRACT WITH TROY GRANT FOR CONSTRUCTION OF STREETS IN THE ANNEXED 39 AREA, PROJECT NO. 1-54-23, TO INCLUDE AIRLINE ROAD FROM LEXINGTON BOULEVARD TO McARDLE ROAD AND BURTON LANE FROM HOLLY ROAD NORTHWARD A DISTANCE OF 2820 FEET, IN GARDENDALE NO. 3; APPROPRIATING THE SUM OF $10,080.00 FROM NO. 220 STREET BOND IMPROVEMENT FUND, OF WHICH $9,600.00 IS FOR THE CONSTRUCTION CONTRACT AND $480.00 IS FOR CONTINGENCIES INCLUDING ENGINEERING AND LABORATORY SERVICES AS REQUIRED; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Agee Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye Mayor Smith invited anyone in the audience with petitions or information for the Council to come forward and be heard. Mayor Smith read a petition which had been received, signed by 14 property owners and residents in the 2000 block of Morris Street, relating to drainage and street improvements. (See Petition #18 in File). Motion.by Maldonado, seconded by Bigler and passed that the foregoing petition be received and referred to the City Manager for investigation. Mayor Smith read a petition which had been received, of 30 signatures, relating to conditions involving the Wee Mart Drive -In on Horne Road west of Prescott. (See Petition #19 in File). Motion by Maldonado, seconded by James and passed that the foregoing petition be received, and referred to the City Manager for advice to the Texas Liquor Control Board, Police Department Vice Squad, and the Health Depart ment. Mrs. Ralph Fellows, 1241 Brentwood, asked about the status of the proposed ordinance prohibiting the keep ing of bees within the City Limits. It was explained that Mr. Lee Mulhollan, who was to make a recommendation as to under what circumstances bees would become a nuisance, to date has not supplied that information to the City, and the Acting City Manager was 1, requested to investigate the matter. Mayor Smith announced the Council would next hold the two scheduled public hearings. Mayor Smith read the application of Carlos R. Nieto for the Closing of the dead end of Tasco Street, des- cribed and pointed out -'the area involved, read the recommendations of the Zoning & Planning Department that the appli cation be granted, subject to retaining any easements necessary for existing utilities, and the applicants, which are the abutting owners, paying for the property on the basis of the assessed valuation of the property of $738.00. No one appeared in opposition to the application. Mr. Nieto and the other adjoining property owner, Mrs. Marroquin, appeared and stated that they did not believe the street could ever be opened all the way through to McArthur Street due to privately owned property and that beyond that was the Crocket School. They further stated that they wanted to share in the property so that each could expand their improvements. Motion by Bigler, seconded by Maldonado and passed that the hearing be closed, and that the application be granted to close the dead end of Tasco Street, subject to the easement being retained for the maintenance, servic- ing and repair of existing utilities, and further subject to the land being purchased at the stated tax value of $738.00 Mayor Smith announced the Council would next hold the public hearing which had been set during.the regular Council meeting on Wednesday, August 13, 1958, and legal notice duly published in the official publication of the City on August 16 and August 23, 1958, on the question of whether or not the Council should call an election of the qualifi de-te rmine voters of the City, owning real property duly rendered for taxation, to,j4hether or not the City should adopt a resolu- tion to proceed with the Urban Renewal Program. N L Mayor Smith stated the sailent points which the City Council must fidd and determine to be in the affirmative in order to legally call for an election as follows:. It must be found and determined that one or more slum or blighted areas exist in the City of Corpus Christi. It must be found and determined that the rehabilitation, conservation, or slum clearance and redevelopment or a combination thereof, of such slum or blighted area or areas, is necessary in the interest of public public health, safety, morals or welfare of the residents of the City. It must be determined at the election if it shall exercise the powers granted to the City by the Urban Renewal law of the State of Texas, except the Urban Renewal Project Powers as defined in the Urban Renewal Law. Determination is necessary if it is necessary in the public interest that the City elect and accordingly does elect to have the Urban Renewal Powers exercised/which is created by &sid, rban Renewal Law. / by the Urban Renewal Agency of the / City of Corpus Christi, It must be determined that the findings were made in accordance with the definitions as used in the Urban Renewal Law. Mayor Smith read the law under which the Council must conduct the present public hearing, and then turne the meeting over to Mr. Roger Pearce, Urban Renewal Administrator. Mr. Pearce stated that this was a hearing on the question of calling an Urban Renewal Referendum and not related, except incidentally, to the Project itself. He submitted evidence by way of maps and figures to substan- tiate his presentation of slum or blighted areas existing in the City, and to substantiate his belief that the City must find and determine that rehabilitation, conservation or clearance and redevelopment, or a combination thereof, of such slum or blighted areas is necessary in the interest of the public health, safety, morals, or welfare of the residents of the City by virtue of the figures on Tuberculosis, Infant Diarrhea Deaths, Venereal Disease, Juvenile Delinquency, and Substandard Dwelling Units. He stated further that since there are slum or blighted areas in the City which are necessary to relieve, the Council must exercise the powers granted to them by the IIFdban Renewal Law of the State of Texas, and that since the City is precluded from:entering into such loan agreements with the Federal Government, the City Council must determine it to be necessary in the public interest to elect to have the Urban Renewal Project Powers granted to them, exercised by an Urban Renewal Agency of the City, which would be primarily interested in private enterprise projects. All present in the audience unanimously agreed that there are one or more slum or blighted areas exist- ing in the City of Corpus Christi. The following appeared and spoke in support of it being necessary in the interest of public health, safe ty, morals or welfare of the residents of the City to have an urban renewal program: Mr. Jake Hartle, C. C. Real Estate Board and member of Building Standards Commission; Dr. Boyd Hall, dentist; Dr. H. J. William, physician; Mr. Bill Reed; Mr. Ted Anderson, attorney; Rev. Harold Branch, St. John's Baptist Church; Mr. A. A. Lichtenstein, Chairman of the Housing Standards Code Committee; Mr. Jesse Baker, C. C. Home Builders Assoc., and Chairman Build Standards Commission; 'Mr. Leland Ross, C. C. Home Builders Assoc.; Mrs. W. Armstrnng Price, president League of Women Voters; Mrs. C. A. Gregg, Chairman of Local Current Agenda, League of Women Voters; Mr. W. A. Saunders. The followigg questioned the wisdom of applying for Federal Funds and requested information as to how much such a program will cost, how much it will cost the individual taxpayer, and questioned whether or not the City of Corpus Christi can accomplish an urban renewal program using its own resources or those of private enter- prise without delegating the powers of the City to another Agency: Mr. Joe Simon, businessman; Mr. Harvey Fry, Jr. Certified Life Underwriter; Mr. Jeff Wakefield, real estate businessman, former president Chamber of Commerce; Mr. Travis Parker, businessman; Mr. Cuban Burbank, businessman; Mr. Paul Vogler; Mr. Roy Beaver, secretary -treasurer Suntide Refining Co.; Mr. Jack Davis, member Housing Standards Code Committee. The Coun6il explained that when the hearing was set 60 days ago, as required by law, it was anticipated that the economic study and information as to financing and costs would be available to present to the public prior to this hearing, and that the Council felt that the questions and statements relating to these matters were well taken and certainly pertinent to the purposes of this hearing. 41 Motion by Roberts, seconded by Bigler and passed that the hearing be recessed until the information relating to the economic study is available, and until there is a ruling from the Lubbock, Texas, District Court in a Test case as to whether' or not the Urban Renewal Law is constitutional, and that a date for the election on the Urban Renewal Referendum be set 30 days from the reconvened recessed hearing. Motion by Bigler, seconded by Ingle and passed that the meeting be adjourned. PRESENT: Acting City Manager I.M.Singer REGULAR COUNCIL MEETING PRESENT: Asst City Attorney, J.F.Park October 22, 1958 Mayor Pro tem W. J. Roberts Acting City Secretary, Doris 2:00 P. M. Commissioners: B. E. Bigler, Manuel P. Francis Maldonado, Charlie J. Aills, Arthur J. Mayor Pro Tem W. J. Roberts called the meeting to order. Aills, Arthur R. James, Odell Ingle The Invocation was given by Reverend J. W. Nash, Hillcrest Assembly of God Church. Acting City Secretary Doris Francis called the roll of those in attendance. Motion by James, seconded by Maldonado and passed, that the absence of Mayor Farrell D. Smith be excused. Motion by Maldonado, seconded by Ingle and passed that the minutes of the Regular Meeting of October 15 be approved. Mayor Pro Tem Roberts announced the opening of bids. Bids were opened and read on 3 months Supply of Fuel Requirements` consisting of 45,000 gallons of Regular Gasoline, 2,500 gallons Premium Gasoline, 4,500 gallons Kerosene and 5,000 gallons Diesel Fuel from the following: Ada Oil Co. Magnolia Petroleum Co. Gulf Oil Corp. Sinclair Refining Co. Humble Oil & Refining Co The Texas Co. Texas Star Oil Co., Inc. Susser Petroleum Co. Osage Oil Co. Motion by Maldonado, seconded by James and passed that the foregoing bids be tabled for 48 hours as required by the City Charter, and referred to the City Manager for tabulation. Bids were opened and read on 6200" 1k" Plastic Pipe, Fittings & Solvent from the following: Abott Supply Co. Alamo Iron Works The Rohan Co., Inc. Southwestern Plastic Pipe Co. C. C. Hardware Co. Crane Co. Wallace Co. Samsco Norwell -Wilder Gulf Supply Motion by Ingle, seconded by James and passed that the foregoing bids be tabled for 48 hours as required by the City Charter and referred to the City Manager for tabulation. Bids were opened and read on 1 Portable Power Pipe Cutter from the following: Alamo Iron Works James B. Clow & Sons The E. H. Wachs Co. Wallace Co. / Norwell -Wilder � Gulf Supply Motion by James, seconded by Ingle and passed that the foregoing bids be tabled for 48 hours as required by the City Charter and referred to the City Manager for tabulation. Mayor Pro Tem Roberts announced the Council would next hear the City Manager's Reports. Motion by James, seconded by Maldonado and passed that the City Manager be authorized to advertise for bids to be received on November 5 for 100 cylinders Acetylene and 200 cylinders Oxygen. Motion by Maldonado, seconded by James and passed that the City Manager be authorized to advertise for bids to be received on November 5 for 500 Valve Boxes or Boots and 250 12" x 18" Meter Boxes. Motion by Maldonado, seconded by James and passed that the award of bid for -340 - 100# High Grade Anodes be made to Standard Magnesium Corp., for a total of $12,515.40. (See Bid Tabulation #54 in File). Motion by Aills, seconded by James and passed that the award of bid for 7 items of Telemetering Equipment 42 be made to the Bristol Company for a total of $4,977.00. (See Bid Tabulation #55 in File). Motion by Bigler, seconded by Ingle and passed that the award of bid on heavy Equipment be made as follows: Thurmond Rental & Sales - 1 H.D. Truck Mounted Sweeper @ Unit $10,368.85 Trade -In - $500.00 Jess McNeel Machinery - 1 1k Cu. Yd. Loading Mach. @ $13,338.00 - $5,018.00 Anderson Machy - 1 1 Cu. Yd. Loading Mach @ $ 6,835.50 Closner Equipment Co. - 2 28" Self -Propelled @ $ 2 363.76 Girard Machy. & Supply - 2 Viberating Rollers @ $ 2,605.00 _ - $500_.00 Ingram Equipment Co. - 1 Pneumatic Tired Roller @ $1,715.00 - $350.00 Pearce Equipment Co. - 1 54" Vibrating Roller @ $ 3,818.00 - Girard Mach. & Supply - 1 Backhoe for Truck Mount @ $ 4,665.00 _ - $1000.00 Spencer Brothers - 1 Tractor MTD Backhoe & Front End Loader @ $ 5,207.87 for a total amount of $48,517.74. (See Bid Tabulation #56 in File). City Manager Singer read the recommendation submitted by Jack Ponton, Purchasing Agent, for award of Bids on Automotive Equipment to be made to Lewis Boggus and International Harvester Company. Mr. J. 0. Hedrick of Williamson Motor Company, asked for an explanation on 4 items on which he said he was low bidder. He stated that his company's bids varied only slightly in wheel base and horsepower which differences, he said, were of no consequence. He also stated that his company was awarded contracts last year under similar circumstances. Motion by Bigler, seconded by Maldonado and passed, that the award on the 4 items to which Mr. Hedrick re- ferred be deferred, and the following awards be made: To Lewis Boggus Motors: 11 4 dr. sedans, 8 cyl. - for a total of $23,600.06 2 4 dr, sedans, 6 cyl. - for a total of $3,722.30 2 2 dr. sedans - for a total of $3,636.10 3 business coupes - for a total of $5,265.27 2 1 t. cabs & chassis - for a total of $3,941.72 10 2 t. cabs & chassis - for a total of $24,972.40 2 2 1/2 t. cabs & chassis, 132" wheel base - for a total of $5,942.26 1 2 1/2 t. cabs & chassis, 157" wheel base - for a total 6f $3,030.17 To International Harvester Company: 2 personnel carriers - for a total of $4,071.66 2 3/4 t. pickups - for a total of $3,695.60 (See Bid Tabulation #57 in File) 1 Motion by James, seconded by Maldonado and passed, that the award of bid on 38,336' of 21375" Nom. O.D. - 154" W.T. - DBI. Rndm. P. E. Blvd. Steel Pipe be made to Gulf Supply in the amount of $12,704.55, and -the award of bid on 16,400' of 4.500" Nom. O.D. - .188" W.T. - Dbl. Rndm. P. E. Blvd. Steel Pipe, be made to Atlas Pipe, Incor- porated in the amount of $13,872.76. (See Bid Tabulation #58 in File). Motion by Bigler, seconded by Aills and passed, that the liability insurance rate of 5/10/5 as set out in the Taxidab Ordinance be established as the required liability insurance rate on all sightseeing service franchises, and that the franchise granted to Charles M. Bolden be so amended. Motion by Ingle, seconded by Bigler that the date for public hearing on proposed amendment to the text of zoning ordinance be set for Tuesday November 18. Motion by Ingle, seconded by James and passed that the plans and specifications for Alameda Street Improve- ments, Doddridge to the North Boundary of Oso Golf Course, be approved and the City Manager be authorized to adver- tise for bids to be received on November 12, 1958. ORDINANCE NO. 5184 AMENDING ORDINANCE NO. 4288 AND CORRESPONDING SECTION IN THE CODE OF CORPUS CHRISTI, 1958, TO THE EFFECT THAT THE PRORATA FRONT FOOT CHARGE SHALL BE AT THE RATE OF TWO DOLLARS ($2.00) PER FRONT FOOT OF THE LOT OR TRACT OF LAND INSTEAD OF THE Farmer RATE OF ONE AND 50/100 DOLLARS ($1.50) PER FRONT FOOT WHERE PROPERTY ON TWO SIDES OF THE LINE WERE SERVED AND THREE DOLLARS ($3.00) PER FRONT FOOT WHERE ONLY PROPERTY ON ONE SIDE WAS SERVED; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Absent W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye The foregoing ordinance was passed by the following vote: 43. Farrell D. Smithq Absent W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye ORDINANCE NO. 5185 AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE RELEASE OF SPECIAL ASSESSMENT AS FOLLOWS: IN THE AMOUNT OF TWO HUNDRED THIRTY AND 54/100 ($230.54) DOLLARS AGAINST THAT CERTAIN PROPERTY FRONTING 100 FEET ON THE WEST SIDE OF SOUTH STAPLES STREET, DESCRIBED AS LOT NO. 10, BLOCK NO. 3 OF ARCADIA SUBDIVISION, AND THE OWNER THEREOF, W. W. TRICE, A COPY OF WHICH RELEASE IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Absent W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Absent W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye Mayor Pro Tem Roberts invited anyone'in the audience with petitions or information for the Council on matters not scheduled on the agenda to come forward and be heard. Mr. Al Hardy, a North Beach business man, owner of the Maverick Club at 5017 Timon Boulevard, stated that for 12 weeks the street in front -of his property has been flooded and is ruining his business. Drahn Jones, Director of Public Works said he is aware of the problem and is surveying the area to see if surface drainage will solve -the problem. He said about 800 yards of shell, costing $800.00 would be required to buil up the street. Mayor Pro Tem Roberts requested that Mr. Jones complete his survey and submit his recommendation to the City Manager. Mayor Pro -tem Roberts announced the Council would next hold the scheduled public hearing relating to the re- quest of Southwestern Bell Telephone Company for an increase in telephone rates. Mr. Ed Gossett, General Attorney for Southwestern Bell Telephone Company, introduced the following persons who represented the telephone company and presented charts and figures in support of the company's request for an increase in the telephone rates': Mr. Stanton Bell, Local Manager of the Corpus Christi Telephone Exchange, presented information of the in- crease in operating expenses due to the growth in both the number of telephones in use and the size of the area serve from 1952 to 1957; Mr. Frank Janull, Traffic Rate & Revenue Supervisor, explained the company's method of separating revenues, property and expenses charged to local and long distance operation; Mr. Ben Blanton, Cost Engineer, explained the company's method of determining cost of operation and fair market value of the Corpus Christi Exchange plant; Mr. Henry Perry, Chief Accountant, presented figures on revenues and expenses; Mr. Ed Gossett quoted from an affidavit of Dr. Dick Johnson, Head of the Economic Department of Southern Methodist University, setting 7.91% as a fair rate of return for this utility. The following Corpus Christi citizens spoke in opposition to the proposed increase in telephone rates: Mr. Robert H. Purl, attorney, representing himself and a client, requested that any decision by the Council on this matter be deferred until the company's presentation can be studied by the public; Captain James Webster stated in his opinion, after reading the law on the setting of utility rates that the separation of the company's income into local and long distance segments is arbitrary on the part of the company; 44 Mr. A. George Aboud stated that he was definitely opposed to any increase in telephone rates at this time. At the request of Mr. James M. Honaker, Rate Expert for the City, Mayor Pro -tem Roberts requested Mr. Bell to state the proposed increase requested by the telephone company for the record. Mr. Bell stated that he assumed the public was primarily interested in the basic flat rates as follows: Business telephone rate presently $10.90 per month, increase to $15.00; Residential, one party, presently $4.75, increase 'to $6.45; Residential, two party, presently $4.00, increase to $4.70; Residential, four party, presently $3.25, increase to $3.70; Coin rate presently 5q%, increase to 10(,%; He further stated that the proposed increases would improve the figure of 2.69% rate, of return to 6.76% which is substantially less than the figure Dr. Johnson recommends as being a fair return. Motion by Ingle, seconded by James and passed that the hearing be recessed until the regular meeting of Nov- ember 26 to give the Council and the public a chance to study the facts and figures presented by the telephone com- pany representatives. There being no further business to come before the Council, the meeting was adjourned. SPECIAL COUNCIL MEETING October 27, 1958 2:00 P. M'. PRESENT: Mayor Farrell D. Smith Commissioners: W. J. Roberts Acting City Manager I. M. Singer Charlie J. Aills Asst City Attorney J. F. Park Arthur R. James' Acting City Secretary Doris Francis Odell Ingle Mayor Farrell D. Smith called the meeting to order. Acting City Secretary Doris Francis called the roll of those in attendance. Mayor Smith announcdd the purpose of the Special Meeting was for public hearing on three zoning cases. First was the application of Eric J. Brister for a change of zoning from "R-1" One -Family Dwelling District to "A-1" First Apartment House District on Lots 39, 40 and 41, Block 1, Lexington Subdivision, being located at 2526, 251.8 and 2510 Johanna Street. Mayor Smith read the background of the application and the recommendation of the Zoning & Planning Commission that it be denied on the basis that the change wouldcconstitute spot zoning. Mr. Burr, Senior Planner, located the property on the map and pointed out the present zoning and exist- ing uses of the properties in the area. Mr. Luther Brister, representing his son, the applicant, exhibited an architect's drawing of the pro- posed development for a motel and explained that the requested zoning was made in error and should have been for "A-2' or "A-411. The Council explained that they could consider a lesser zoning than requested, but not a greater zoning and advised him that a new application would have to be submitted followed by the regular procedure of hearing before the Zoning & Planning Commission and then before the City Council. No one appeared in opposition to the application. Motion by Ingle, seconded by James and passed that the hearing be closed, and the application be taken under advisement. Next was the application of C. V. Halstead for a change of zoning from 11R-2" Two Family Dwelling Dis- tract to 11B-1" Neighborhood Business District on Lot 7, Block 9 Carroll Lane Park, Unit No. 2, being located at the southwest corner of South Staples and Willow Streets. NAybr Smith read the background of the application and the recommendation of the Zoning & Planning Commission that it be denied on the basis that the change would constitute spot zoning. Mr. Burr, located the property on the map and pointed out the present zoning and existing uses of the properties in the area. Mr. Perry E. Burkett, representing Mr. Halstead, presented a certified copy of Court order for removal 45 of deed restrictions and tentative plans by Ada Oil Company for development. He stated the property is unsuited for residential uses, and that a majority of the lots in the area are zoned for business. He also pointed out that the modern arthitectural design of the building will enhance values in the area much more than a raw unimproved lot on a busy corner. Development of the property for business use will Yield much more tax revenue for the City, Schools, State and County. A petition was submitted consisting of 38 signatures, approving the change of zoning of -this property. Mr. Albert J. Prihoda, 3806 Willow St., spoke in opposition to the application. He stated that the location of a business next to his home would devaluate his property. He also objected to the noise and lights that would necessarily be connected with this type of business so close to his home. Motion by Roberts, seconded by James and passed, that the hearing be closed and the application be taken under advisement. Next was the applications of 0. S. Wyatt, Jr. and S. D. Campbell for a change of zoning from 11R-1" One - Family Dwelling District to "B-3" Secondary Business District on the south part of the west half of Lot 3, and all of Lots 4, 5 and 6 (Lot 6 also known as Campbell Subdivision) in Block 2, Alameda Estates, located at the northeast corner of Alameda Street and Robert Drive. Mayor Smith read the background of the application and the recommendation of the Zoning & Planning Commission that the application be denied on the basis that the applicant had not complied with the Commission's earlier requirements on previous applications covering this same property that they furl ish an economic survey demon strating the need. Mr. Burr located the property on the map and pointed out the present zoning and existing uses of the properties in the area. Mr. S. D. Campbell, one of the applicants, presented a written history of the property. He stated that in view of the zoning of other businesses in the area without an economic survey, he feels they are being dis- criminated against. He said"this is not a speculative deal and that Mr. Wyatt is ready to build immediately. Mr. Ellis Brown, Attorney, representing,Mr. Wyatt, presented sketches showing the proposed layout of the shopping center. He presented a petition from ten real estate businessmen, who stated that this property is ideal for a shopping center and unsuitable for residential use; and communications from B. T. Parr, Sinclair Refin- ing Co., and Pat Limerick, incidating their desire to -lease space in the proposed development. He further present- ed an agreement of the property owners removing the deed restrictions from the property. Mr. Brown stated that there are also two bowling alleys interested in locating in this development. He re-emphasized the assertion that to deny a re -zoning of this area for a shopping center would be a discrimination in view of re -zoning of other adjoining properties in the area, both prior to an application of his client for this property and after denial of his client's application and that no economic survey had been requested. He further pointed out the granting of various business zoning in thesurrounding area without an economic survey, and stated that whereas a regional shopping center such as Parkdale dight justify a formal economic survey, he could not see the benefit of one for a development such as his client proposed, and further that his client had complied with the request in essence, in that he had obtained the backing of successful businessmen of sound judgment who believed there was a need for their business in this spot. Mr. 0. F. Sharp, appearing for Sinclair Oil & Refining Company, stated, in support of the economic need that his firm would not be worth more than a billion dollars today if it had made very many mistakes -in locating their service stations. He also reminded the Council that his company is a local company, employing a large number of employees who live in this area and that there is definitely an economic need and necessity for a Sinclair Service Station in this particular locality. No one appeared in opposition to the application. _ Motion by Ingle, seconded by James and passed that the hearing be closed and the application be taken under advisement. There being no further business to -tome before the Council the meeting was adjourned. 46 PRESENT: Mayor Farrell D. Smith Commissioners: W. J: Roberts B. E. Bigler Manuel P. Maldonado Charlie J. Aills Arthur R. James Odell Ingle Chaplain. REGULAR COUNCIL MEETING October 29, 1958 2:00 P. M. Acting City Manager I. M. Singer Asst City Attorney J. F. Park City Secretary T. Ray Kring Mayor Farrell D. Smith called the meeting to order. The Invocation was given by Commissioner Arthur R. James, due to the absence of the invited guest City Secretary Kring called the roll of those in attendance. Motion by Maldonado, seconded by James and passed that the minutes of the regular meeting of October 22, and the special meeting of October 27 be approved. I Mayor Smith announced the opening of bids: Bids were opened and read on the painting and repairing of 4 Water Tanks at Alameda, Gollihar, Morgan and Sam Rankin Streets, from the following: Claud Boatright Randall H. Sharpe Knobloch & Co. Chicago Bridge & Iron Co. Lankford Co. Jancyn Co. Motion by James, seconded by Roberts and passed that the foregoing bids be tabled for 48 hours as re- quired by the City Charter, and referred to the City Manager for tabulation. Mayor Smith announced the Council would next take action on four pending items. Motion by Roberts, seconded by,Bigler and passed that the application.of Eric J. Brister for a change of zoning from "R-1" One -Family Dwelling District to "A-1" First Apartment House District on Lots 39, 40 and 41, Block 1, Lexington Subdivision, being located at 2526, 2588 and 2510 Johanna Street, on which public hearing was held October 27, 1958, be withdrawn at the request of the applicant, without prejudice when submitted at a later dat for a re -zoning that will accommodate the proposed development. Motion by Ingle, seconded by James and passed that the application of C. V. Halstead for a change of zoning from "R-2" Two -Family Dwelling District to 11B-1" Neighborhood Business District on Lot 7, Block 9, Carroll Lane Park, Unit No. 2, being located at the southwest corner of South Staples and Willow Streets, on which public hearing was held October 27, 1958, be denied in accordance with the recommendation of the Zoning & Planning Com- mission that the change would constitute spot zoning. Motion by James, seconded by Roberts and passed that the application of 0. S. Wyatt, Jr. and S. D. Campbell for a change of zoning from "R-1" One -Family Dwelling District to "B-3" Secondary Business District on the south part of the west half of Lot 3, and all of Lots 4, 5 and 6 (Lot 6 also known as Campbell Subdivision) in Block 2, Alameda Estates, located at the northeast corner of Alameda Street and Robert Drive, on which public hearing was held October 27, 1958, be referred back to the Zoning & Planning Commission for recommendation in the absence of an economic survey. Mayor Smith announced that the Council was desirous of submitting the issue to the voters at an elec- tion sometime near the first of the year relating to Airconditioning the Memorial Coliseum by the sale of bonds as the quickest way to achieve this project with less resulting cost to the City, rather than to follow various recom- mendations for advisory committees and lease purchase.arrangement. It is the thought of the Council that this course is appropriate considering the mandate of the people against it on two previous occasions and in view of the growing need for this facility. Mayor Smith announced the Council would next hear the City Manager's Reports. Motion by Ingle, seconded by Maldonado and passed that the City Manager be authorized to advertise for bids to be received on 25 - 32' Bury Fire Hydrants and 25 - 4' Bury Fire Hydrants. 47 Motion by Maldonado, seconded by Ingle and -passed that the City Manager be authorized to advertise for bids to be received on November 12 on 20 Pilings in place. Motion by Ingle, seconded by Aills and passed that the award of bid on 500 House Type,Gas Regulators be made to Reynolds Gas Regulator Co. for a total of $2,650.00, on the basis of the bid option relating to addition- al regulators. (See Bid Tabulation #59 in File.) Motion by Roberts, seconded by Aills and passed that the award of bid on Fuel Requirements for an es - timated 3 -months' period be,made to the following: To Magnolia Petroleum Co. for 45,000 gals. Regular Gasoline per month at $.1519 per gal., and 4,500 gals. Kerosene per month at $.1119 per gal., for a total of $7,339.05; to Susser Petroleum Co. for 2,500 gals. Premium Gasolene per month at $_.191 per gal., and 4,500 gals. Diesel Fuel per month at $.0866 per gal., for a total of $410.50; for a grand total per month of $8,249.55. (See Bid Tabulation #60 in File.) Motion by Maldonado, seconded by James and passed that the award of bid on one Portable power Pipe Cutter be made to E. H. Wachs Co., the -only bidder, for -$2,348.30. (See Bid Tabulation #61 in File:) Motion by James, seconded"by Maldonado and passed that the award of bid on 6,200',-"1k" High Impact Rigid PVC Plastic Pipe, 5 items of Fittings in various quantities and sizes, and 4 gals. of PVC Solvent be made to Abott Supply Co. for a total of $1,751.02. (See Bid Tabulation #62 in File.) Motion by Ingle, seconded by James and passed that one additional 2 -ton Cab and Chassis be purchased from Lewis Boggus Motors at their bid price of $2,497.24. (See Bid Tabulation #63 in File.) Motion by Ingle, seconded by Roberts and passed that the award of bid on items 6, 7, 10 and 11 of Automotive Equipment which were deferred from last week's regular meeting be made as recommended to the following: To Lewis Boggus Motors: 13 1/2 -ton pickups - for a total of $20,496.32 To International Harvester Co.; 1 1 -ton panel truck - for a total of $1,830.89 5 1k -ton cabs & chassis - for a total of $11,452.85 9 1�-ton cabs & chassis, 154" wheel base - for a total of $21,030.48 (See Bid Tabulation #57 in File.) Motion by Ingle, seconded by James and passed that the plans and specifications for Improvements of curb & gutter, driveways and sidewalks in the 300 and 400 blocks of Lower Broadway, between Schatzel and William Streets, be approved with the provision that the northermost driveway arrangement south of Lawrence Street be worked out with the property owner for his best use with due regard for traffic safety; and that the City Manager' be author ized to advertise for bids to be received on November 19. vote: vote: FIRST READING OF AN ORDINANCE• •• "-j, `"'" ' -- AUTHORIZING . AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE A LEASE AGREEMENT WITH THE INTERNATIONAL LITTLE LEAGUE, LEASING TO THE SAID INTERNATIONAL LITTLE LEAGUE A TRACT OF APPROXIMATELY 2.47 ACRES OF LAND IN INWOOD PARK FOR THE PURPOSE OF ESTABLISHING AND MAINTAINING A RECREATIONAL AREA, A COPY OF WHICH AGREEMENT IS ATTACHED HERETO AND MADE A PART HERBOF. The foregoing ordinance was read for the first time and passed to its second reading by the following Farrell D. Smith W. J. Roberts B. E. Bigler Manuel P. Maldonado Charlie J. Aills Arthur R. James Odell Ingle FIRST READING OF AN ORDINANCE: Aye Aye Aye Aye Aye Aye Aye AUTHORIZING THE CITY MANAGER FOR AND ON BEHALF OF THE CITY, TO EXECUTE A CONTRACT BETWEEN THE CITY AND G. E. CLARK, ET AL FOR THE DEVELOPMENT OF THE AREA EMBRACING A PORTION OF CAYO DEL OSO PURCHASED FROM THE STATE OF TEXAS BY THE CITY UNDER THE GENERAL DESCRIPTION OF "TRACT C" The foregoing ordinance was read for the first time and passed to its second reading by the following Farrell D. Smith W. J. Roberts B. E. Bigler Manuel P. Maldonado Charlie J. Aills Arthur R. James Odell Ingle Aye Aye Aye Aye Aye _. Aye Aye 48 The proposed ordinance amending Ordinance No. 5164 relating to Liquefied Petroleum Gas was deferred for one week at the request of attorneys representing interested companies to give them more time to study the pro- posed amendment. Mayor Smith invited anyone in the audience with petitions or information for the Council on matters not scheduled on the agenda to come forward and be heard. No one appeared. There being no further business to come before the Council, the meeting was adjourned. PRESENT: Mayor Farrell D. Smith Commissioners• W. J. Roberts B. E. Bigler Charlie J. Aills Arthur R. James Chaplain. REGULAR COUNCIL MEETING November 5, 1958 2:00 P. M. Acting City Manager I. M. Singer Asst City Attorney J. F. Park City Secretary T. Ray Kring Mayor Farrell D. Smith called the meeting to order. The Invocation was given by Mayor Pro -tem W. J. Roberts, due to the absence of the invited Guest City Secretary Kring called the roll of those in attendance. Motion by James, seconded by Roberts and passed that the absence of Commissioners Odell Ingle and Manue P. Maldonado be excused. be approved. Motion by James, seconded by Bigler and passed that the minutes of the regular meeting of November 29 Mayor Smith welcomed to the meeting, the 6th Grade Class of the Lexington Place School, and their teacher, Mr. Jerald Brooks. Mayor Smith announced the opening of bids. Bids were opened and read on 100# cylinders of Commercial Acetylene and 100# cylinders of Commercial Oxygen from the following: Air Reduction Sales Co. Big 3 Welding Equip. Co. Crane Welding Supply Co. Welder's Equipment Co. Motion by Roberts, seconded by James and passed that the foregoing bids be tabled for 48 hours as re- quired by the City Charter, and referred to the City Manager for tabulation. Bids were opened and read on 500 Valve Boxes, or Boots, and 250 - 12" x 18" Meter Boxes with Lids from the following: Gulf Star Foundries SAMSCO Alamo Iron Works Motion by James, seconded by Roberts and passed that the foregoing bids be tabled for 48 hours as re- quired by the City Charter, and referred to the City Manager for tabulation.' Bids were opened and read on 1 Trenching Machine, with an alternate bid on a 24 monthly payment lease purchase option, from the following: Ingram Equipment Co. Alamo Iron Works Motion by Roberts, seconded by James and passed that the foregoing bids be tabled for 48 hours as re- quired by the City Charter, and referred to the City Manager for tabulation. Mayor Smith announced the Council would next hear the City Manager's Reports. Motion by Aills, seconded by Roberts and passed that the plans and specifications for construction of Unit 4, Railroad Track for north approach of the Tule Lake Lift Bridge, Project No. 13-55-1, be approved, and the City Manager be authorized to submit the plans and specifications to the Corps of Engineers for approval. 49 Motion by Bigler, seconded by Roberts and,passed that the plans alid.specifications,•for the Agnes -Laredo Street Improvements, Port Avenue to Staples Street, Project 1-53-6, be approved, and the City Manager be authorized to advertise for bids to be received on November 26. Motion by James, seconded by Roberts and passed that the request,for extension of 20 calendar days, to June 8, 1959, for completion of the Westside Sewage Treatment Plant by Bur -Tex Constructors, Inc., time lost due to weather conditions from September 17 to October 28, be granted. Motion by Bigler, seconded by James and passed that the request for extension of 45 days, to March 28, 1959, for completion of Unit.#l, Westside Sewer Trunk Main by Bur -Tex Constructors, Inc.,.on account of unusually heavy rainfall during September and October, be granted. Motion by James, seconded by Bigler and.,passed that the award of bid on the Painting and Repairing of 4 Water Tanks, Alameda, Gollihar, Morgan and Sam Rankin Streets, be made to Knobloch & Company and Welch & Company, a Joint Venture, for a grand total of $10,740.00, and that a two-year maintenance bond be required fpr which the City is to pay the cost of the second year of the bond. (See Bid Tabulation #63 in File.) Motion by Bigler, seconded by Roberts and passed that the City Manager be authorized to advertise for bids to be received on November 19 on 5 items of Irrigation Equipment. Motion by James, seconded by Roberts and passed that the City Manager be authorized to advertise for bids to be received on November 19 on 14,600' of 1k" Plastic Pipe, 7 items of various quantities and sizes of Fitting and 10 gals. of Solvent. i Motion by James, seconded by Roberts and passed that the proposal of Allan Mote & Co. to provide quarter ly audits and an annual audit of the City's records for the fiscal year ending July 31, 1959, on a per diem basis, no to exceed $8,000, be accepted and approved on the same basis as furnished for the current year. Motion by Bigler, seconded by Roberts and passed that the date of November 18, 1958, be set for a public hearing on an application for the closing of certain road or street easements along the southwest boundary line of . Lot 13-A, the northeast boundary of Lot 15, and the southwest boundary of Lot 12, all in Section 17, of Flour Bluff. & Encinal Farm & Garden Tracts; and for a public hearing on an application for the closing of a portion of Water Street. Motion by James, seconded by Roberts and passed that the City assume responsibility for the payment of the following assessment liens in connection with the Lipan Street Paving Project between 19th Street and Palm Drive: 1. Missouri Improvement Co. 2. Ada Oil Co. 3. San Antonio, Uvalde & Gulf Railroad Co. 4. Robert J. Kleberg Estate Motion by Bigler, seconded by Roberts and passed that the employment of Herbert W. Whitney as City Mana- ger, effective November 17, 1958, at a salary of $16,500 per year, be approved and confirmed, and that Mr. Whitney's bond be fixed at the same amount as that of former City Manager, Russell E. McClure. SECOND READING OF AN ORDINANCE: AUTHORIZING THE CITY MANAGER FOR AND ON BEHALF OF THE CITY, TO EXECUTE A CONTRACT BETWEEN THE CITY AND G. E. CLARK, ET AL FOR THE DEVELOPMENT OF THE AREA EMBRACING A PORTION OF CAYO DEL OSO PURCHASED FROM THE STATE OF TEXAS BY THE CITY UNDER THE GENERAL DESCRIPTION OF "TRACT C". The foregoing ordinance was read for the second time and passed to its third reading*by'the following Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Absent Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Absent 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 AGREEMENT WITH THE INTERNATIONAL LITTLE LEAGUE, LEASING TO THE SAID INTERNATIONAL LITTLE LEAGUE A TRACT OF APPROXIMATELY 2.47 ACRES OF LAND IN INWOOD PARK FOR THE PURPOSE OF ESTABLISHING AND MAINTAINING A RECREATIONAL AREA, A COPY OF WHICH AGREEMENT IS ATTACHED HERETO AND MADE A PART HEREOF. 50 The foregoing ordinance was read for the second time and passed to its third reading by the following vote: • Farrell D. Smith W. J. Roberts B. E. Bigler Manuel P. Maldonado Charlie J. Aills Arthur R. James Odell Ingle Aye Aye Aye Absent Aye Aye Absent Motion by Bigler, seconded by James and passed that the petition re Drainage in the alleyway between Hall Street and Highway No. 9 (See Petition #20 in File), and the petition re Street lighting program for Lawnview, from Minnesota Street northward (See Petition #21 in File) be received and referred to the City Manager for study. Mayor Smith invited anyone in th4 audience with petitions or information for the Council on mattersi,not scheduled on the agenda to come forward and be heard.' Mr. Raul Sandoval,licensed master plumber and member of the City Sanitation Commission,'stated that the Commission has not met, that he believes there is a great need for the Commission, that he does not know why the Commission has not followed the direction of the Mayor when the Commission was last appointed that it was to meet once a month, and requested that Mayor Smith call the first meeting. Mayor Smith stated that the reasons for the Commission's not meeting would be investigated and Mr. Sandavol would be contacted. There being no further business to come before the Council, the meeting was adjourned. THE STATE OF TEXAS NOTICE OF SPECIAL MEETING COUNTY OF NUECES CITY OF CORPUS CHRISTI : TO THE MEMBERS OF THE CITY COUNCIL, THE CITY MANAGER, THE CITY.SECRETARY AND THE CITY ATTORNEY TO THE CITY OF CORPUS CHRISTI, TEXAS: NOTICE is hereby given that a special meeting of the City Council of the City of Corpus Christi, Texas, will be held in the City of Corpus Christi, Texas, in the Council Chamber of the City,Hall, at 10:00 o'clock, a.m., on the 12 day of November, 1958, for the purpose,of receiving proposals for the sale of ,$3,500,000.00 General Obli- gation Bonds, City of Corpus Christi, Texas, and such other business as may properly come before the Council. DATED this 12 day of November, 1958. /s/ Farrell D. Smith FARRELL D. SMITH, -Mayor City of Corpus Christi, Texas CONSENT TO MEETING We, the undersigned members of the City Council, the"City Manager, the City Secretary and the City Attorney of Corpus Christi, Texas, hereby accept service of the foregoing notice, waiving any and all irregularities in such service and consent and agree that said meeting shall be at the time and place therein named and for the purpose therein stated. s/ W. J. Roberts W. J. ROBERTS /s/ B. E. Bigler B. E. BIGLER /s/ Manuel P. Maldonado MANUEL P. MALDONADO /s/ I. M. Singer I. M. SINGER s/ Charlie J. Aills CHARLIE J. AILLS Isl Arthur R. James ARTHUR R. JAMES /s/ Odell Ingle ODELL INGLE /s/ I. M. Singer I. M. SINGER / s / T. Ray Kr ing T. RAY KRING PRESENT: 51 Mayor Farrell D. Smith Commissioners: W. J. Roberts B. E. Bigler Manuel P. Maldonado Charlie J. Aills Arthur R. James Odell Ingle SPECIAL COUNCIL MEETING November 12, 1958 10:00 A. M. Acting City Manager I. M. Singer City Attorney I. M. Singer City Secretary T. Ray Kring Mayor Farrell D. Smith called the meeting to order. City Secretary Kring called the roll of those in attendance. Mayor Smith announced the purpose of the special meeting was to receive proposals for the sale of $3,500,000.00 General Obligation Bonds, City of Corpus Christi, Texas, and such other business as may properly come before the Council. Bids were opened and read on the sale of $3,500,000.00 City of Corpus Christi, Texas, General Improve- ment Bonds, Series 1958, with 15 -,year option, from the following: Republic National Bank; White, Weld & Co.; King, Nelson & Co.; Municipal Securities Co.; Mercantile National Bank; Stern Bros. & Co.; Goodbody & Co.; Austin, Hart & Parvin; Rand & Co.; Lovett Abercrombie & Co.; Dallas Rupe & Son; Texas Bank & Trust Co.; Phelps, Fenn & Co.; Porter, Noyes & Co.; Shields & Co.; Payne, Webber Jackson & Curtis; Hornblower & Weeks; R.S. Dickson & Co., Inc.; William E. Pollock & Co., Inc.; Baxter & Co.; Creston H. Funk, Hobbs & Co.; Slasongood & Mayer; Kenower & MacArthur & Co.; Mullaney -Wells & Co.; -Einhorn & Co.; J. M. Daine & Co.; Emerson & Co.; First Southwest Co. Account Managers; Merrill, Lynch, Pierce, Fenner & Smith; Equitable Securities Corp.; F. S. Smithers & Co.; J. C. Bradford & Co.; Roosevelt & Cross$ Inc.; Dallas Union Securities Co., Fridley, Hess & Frederking; Underwood, Neuhaus & Co., Inc.; Central Investment Company; Rotan, Mosle & Co.; Moreland, Brandesberger, Johnston & Currie; Thomas & Company; R. A. Underwood & Co., Inc; Rauscher, Pierce & Co., Inc.; John Nuveen & Co.; B. J. Van Ingen & Co., Inc.; Commerce Trust Co.; Andrews & Wells, Inc.; Boshe & Co.; Barcus, Kindred & Co.; Granger & Co.; William, Mericka & Cleveland Co., Inc.; Maroney, Beisemer & Co.; Burns, Corbett & Pickard; Nongard, Showers & Murray, Inc.; Zahner & Company; Walter, Woody and Heimerdinger; Mercantile Trust Company; First National Bank in Dallas; Lucas, Eisen & Waeckerle, Inc.; Dewar, Robertson & Pancoast; The Fort Worth National Bank; The Columbian Securities Corporation of Texas; Dittmar & Company, Inc.; First of,Texas Corporation; Russ & Company; Rowles, Winston & Co.; R. J. Edwards, Inc.; M. E. Allison & Co., Inc.; Muir Investment Corporation; Eddleman-Pollok Company; McClung & Knickerbocker; James C. Tucker & Company, Inc. Motion by Bigler, seconded by James and passed that the two good faith checks of the low bidders be held temporarily, and the remainder be returned to the unsuccessful bidders. Mayor Smith declared a brief recess for the purpose of tabulating the foregoing bids. (See Bid Tabula- tion #66 in File.) Mayor Smith called the meeting to order again. ( THE STATE OF TEXAS COUNTY OF NUECES CITY OF CORPUS CHRISTI On this the 12 day of November, 1958, the City Council of the City of Corpus Christi, Texas, convened in Special meeting, with the following members of said Council present, to -wit: Farrell D. Smith, Mayor, W. J. Roberts, B. E. Bigler, Manuel P. Maldonado, -Commissioners, Arthur R. James, Charlie J. Aills, Odell Ingle, T. Ray Kring, City Secretary, with the following absent: None, constituting a quorum, at which time the following among other business was transacted: Mr. Ingle presented for the consideration of the Council an ordinance. The ordinance was read by the City Secretary. The Mayor presented to the Council a communication in writing pertaining to said proposed ordinance, as follows: 52 TO THE CITY COUNCIL CORPUS CHRISTI, TEXAS "Corpus Christi, Texas, November 12, 1958, Gentlemen: The public importance and pressing need for the permanent improvements to be constructed by use of the proneeds of the bonds voted at elections held on November 25, 1951, September 25, 1954, and October 6, 1956, create an emergency and an imperative public necessity requiring the suspension of rules and Charter provisions requiring ordinances to be considered and voted upon at three regular meetings. I, therefore request that the City Council pass the proposed ordinance authorizing the issuance of $3,500,000.00 General Improvement Bonds as an emergency. You will please consider this request in connection with the ordinance which has been introduced in the City Council on this subject. Yours very truly, /s/ Farrell D. Smith /s/ Farrell D. Smith, Mayor." Commissioner Bigler made a motion that the Charter provision prohibiting ordinances from being passed finally on the date introduced be suspended for the reasons stated in the written request of the Mayor and stated in the emergency clause of the ordinance., The motion was seconded by Commissioner Aills. The motion was carried by a unanimous vote by the City Council, viz: AYES: Commissioners Roberts, Bigler, Maldonado, James, Aills and Ingle. NOES: None. The Mayor requested that the records show that he voted Aye. This was done. Commissioner Ingle made a motion that the ordinance be passed finally. The motion was seconded by Com- missioner Maldonado. The motion was carried by the following vote: ' AYES: Commissioners Roberts, Bigler, Maldonado, James, Aills and Ingle. NOES: None. The Mayor requested that the records show that he voted Aye. This was done. Commissioner Ingle made a motion that the ordinance be passed finally. The motion was seconded by Com- missioner Maldonado. The motion .was carried by the followigg vote: AYES: Commissioners Roberts, Bigler, Maldonado, James, Aills and Ingle. NOES: None. The Mayor requested that the records show that he voted Aye. This was done. The Mayor announced that the ordinance had been passed. The ordinance is as follows: ORDINANCE NO. 5187 BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, PROVIDING FOR THE ISSUANCE OF $3,500,000.00 CITY OF CORPUS CHRISTI, TEXAS, GENERAL IMPROVEMENT BONDS, SERIES 1958, BEARING INTEREST AT THE RATES HEREINAFTER SET FORTH, AND PROVIDING FOR THE LEVY, ASSESSMENT AND COLLECTION OF A TAX SUFFICIENT TO PAY THE INTEREST ON SAID BONDS AND TO CREATE A SINKING FUND FOR THE REDEMPTION THEREOF AT MATURITY; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye There being no further business to come before the Council, the special meeting was adjourned. 53 PRESENT: Mayor Farrell.D. Smith Commissioners• W. J. Roberts B. E. Bigler Manuel P. Maldonado Charlie J. Aills Arthur R. James Odell Ingle REGULAR COUNCIL MEETING November 12, 1958 2:00 P. M. Acting City Manager I. M. Singer Asst City Attorney J. F. Park City Secretary T. Ray Kring Mayor Farrell D. Smith called the meeting to order. The Invocation was given by Reverend Sidney Smith, of the First Congregational Church. City Secretary Kring called the roll of those in attendance. Motion by Maldonado, seconded by James and passed that the minutes of the regular meeting of November 5 be approved. Mayor Smith announced the opening of bids. Bids were opened and read on the Alameda Street Improvements, Doddridge to the north boundary of Oso Golf Course from the following: Brown & Root Heldenfels Bros. J. M. Dellinger, Inc. Motion by Bigler, seconded by James and passed that the foregoing bids be tabled for 48 hours as requir- ed by the City Charter, and referred to the City Manager for tabulation. Bids were opened and read on 25 - 32' Bury and 25 - 4' Bury Fire Hydrants from the following: Darling Valve & Mfg. Co. Iowa Valve Co. The Ludlow Valve & Mfg. Co. Municipal pipe & Fabricating SAMSCO Viking Supply Corp. Crane Co. Motion by Bigler, seconded by Ingle and passed that the foregoing bids be tabled for 48 hours as required by the City Charter, and referred to the City Manager for tabulation. Bids were opened and read on 20 Pilings, complete in place, by the following: Austin Bridge Co. Brown & Root, Inc. The Goldston Co., Inc. Scrivner & Richardson, Inc. Motion by Bigler, seconded by Maldonado and passed that the foregoing bids be tabled for 48 hours as re- quired by the City Charter, and referred to the City Manager for tabulation. Mayor Smith announced the Council would next hear the City Manager's Reports. Motion by Maldonado, seconded by Aills and passed that the award of bid on 500 Valve Boxes, or Boots be made to Gulf Star Foundries for a total of $4,105.00; and for 250 - 12" x 18" Meter Boxes with Lids be made to Alamo Iron Works for a total of $2,890.00. (See Bid Tabulation #64 in File.), Motion by Ingle, seconded by Maldonado and passed that the award of bid for 100 more or less, large cylinders of Commercial Acetylene be made to Air Reduction Sales Company at $.0330, for a total of $792.00; and for 11' 200 more or less, large cylinders Commercial Oxygen at $.0090, for a total of $439.20. (See Bid Tabulation #65 in File.) Motion by Bigler, seconded by Aills and passed that the plans and specifications for Unit #7, Gollihar Storm Sewer and Kasper - Florence Laterals be approved, and the City Manager be authorized to advertise for bids to be received on December 3. Motion by Bigler, seconded by James and passed that the plans and specifications for the installation of 16" and 10" Gas Transmission Lines on Horne Road from Ayers to Savage Lane be approved, and the City Manager be authorized to advertise for bids to be received on December 3. Motion by Bigler, seconded by Roberts and passed that the Tax Error and Correction List for October, 1958, be approved. 54 Motion by Maldonado, seconded by James and passed that the request of Troy Grant for extension of 30 days, to December 18, 1958, for completion of his contract for the reworking and resurfacing of various streets in the annexed area be granted due to delays caused by unfavorable weather conditions during September and October. Motion by Aills, seconded by James and passed that the request of Bur -Tex Constructors, Inc. for an ex- tension of 7 days, to April 4, 1959, for completion'of their contract for the Westside Sewer Truck Main be granted due to time lost as a result of rains and high water during September and October. Motion by Bigler, seconded by Roberts and passed that 600 additional 5/8" x 3/4" Water Meters be pur- chased under the bid option from Rockwell Manufacturing Co. at $25.20, for a total of $15,120.00. Motion by Roberts, seconded by James and passed that the schematic layouts for the proposed Interstate Highway 37, from Waco Street westward to Corpus Christi City Limits, consisting of strip maps, as approved by the Bureau of Public Roads for presentation at a public hearing scheduled to be held at the Chamber of Commerce building on Wednesday, November 19, 1958, at 2:00 p. m., be received for study, and filed with the City Manager. Due to the importance to the City of Corpus Christi of the foregoing scheduled public hearing, the Coun- cil agreed to convene their next regular Council meeting for 1:00 o'clock, p.m., instead of the regular time of 2:00 o'clock, to give the Council the opportunity to attend the public hearing. THIRD READING OF AN ORDINANCE: ORDINANCE NO. 5188 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI,TO EXECUTE A LEASE AGREEMENT WITH THE INTERNATIONAL LITTLE LEAGUE, LEASING TO THE SAID INTERNATIONAL LITTLE LEAGUE A TRACT OF APPROXIMATELY 2.47 ACRES OF LAND IN INWOOD PARK FOR THE PURPOSE OF ESTABLISHING AND MAINTAINING A RECREATIONAL AREA, A COPY OF WHICH AGREEMENT IS ATTACHED HERETO AND MADE A PART HEREOF. The foregoing ordinance was read for the third time and passed finally by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye ORDINANCE NO. 5189 AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A CONTRACT TOPURCHASE AND COMPLETE THE ACQUISITION OF LOTS 2 AND 7 IN BLOCK 2 OF THE BRAYTON ADDITION TO BE USED FOR THE EXTENSION OF AGNES STREET; APPROARIATING THE SUM OF $36,000.00 BEING $19,000.00 FOR LOT 2 AND $17,000.99 FOR LOT 7 OUT OF BOND FUND NO. 220; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye ORDINANCE NO. 5190 APPROPRIATING FROM NO. 209 STREET TRAFFIC CONTROL SYSTEM BOND IMPROVEMENT FUND AS FOLLOWS: $3,968.30 FOR INSTALLATION OF TWO SEMI -ACTUATED SIGNAL LIGHTS, ONE AT LEXINGTON BOULEVARD AND EVERHART ROAD AND ONE AT LEXINGTON BOULEVARD AND AIRLINE ROAD; $17,925.00 FOR COORDINA- TION OF TRAFFIC SIGNALS AT LEOPARD STREET BETWEEN CARANCAHUA AND BROWNLEE BOULEVARD AND ON STAPLES STREET BETWEEN KINNEY AVENUE AND MORGAN AVENUE AND FOR THE INSTALLATION OF ONE NEW TRAFFIC SIGNAL AT THE INTERSECTION OF STAPLES AND LAREDO STREETS; PROVIDING THAT SUCH INSTALLATION SHALL BE DONE BY CITY FORCES; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye A thur R. James Aye Odell Ingle. Aye 55 The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye ORDINANCE NO. 5191 AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE RELEASE OF SPECIAL ASSESSMENT AS FOLLOWS: IN THE AMOUNT OF FOUR HUNDRED SEVENTY- SEVEN AND 81/100 ($477.81) DOLLARS AGAINST THAT CERTAIN PROPERTY FRONTING 67.5 FEET ON THE SOUTH SIDE OF MORGAN STREET, DESCRIBED AS THE EAST 1/2 OF LOT NO. 22 IN BLOCK NO. 1 OF OCEAN VIEW ADDITION, AND THE OWNER THEREOF LOUISE MICHELSEN, A COPY OF WHICH RELEASE IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye pdell ArthurIgl lames ye Aye ORDINANCE NO. 5192 AMENDING AND RE-ENACTING AS AMENDED ORDINANCE NO. 5164, REGULATING AND RESTRICTING THE STORAGE, HANDLING, TRANSPORTING, SALE, DISPENSING, AND USING OF LIQUEFIED PETROLEUM GASES; ESTABLISHING STANDARDS FOR SUCH OPERATIONS; DEFINING TERMS; PROVIDING STANDARDS FOR EQUIP- MENT; LIMITING THE AREAS IN WHICH INSTALLATION MAY BE MADE; PROVIDING FOR THE ABATEMENT OF A NUISANCE RESULTING FROM DEFECTIVE OR SUBSTANDARD EQUIPMENT OR THE INSTALLATION THEREOF, OR OF MATERIALS, OR FROM IMPROPER METHODS OF STORING, HANDLING, TRANSPORTING, SELLING, DISPENSING, OR USING LIQUEFIED PETROLEUM GASES; REQUIRING LICENSES, PERMITS, INSPECTIONS AND FEES; REPEALING PROVISIONS IN CONFLICT; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PENALTY FOR VIOLATION; PROVIDING METHOD FOR PUBLICATION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Afire W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Odell Ingle Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Odell Ingle Aye ORDINANCE NO. 5193 AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON BEHALF OF THE CITY TO EXECUTE AN AGREEMENT BETWEEN THE CITY AND THE CENTRAL POWER AND LIGHT COMPANY FOR THE OPERATION AND MAINTENANCE OF A FREEWAY LIGHTING SYSTEM ON THE NEW CORPUS CHRISTI SHIP CHANNEL BRIDGE AND APPROACHES WITH COST OF MAINTENANCE AND OPERATION TO BE PAID BY THE CITY WITH RE- IMBURSEMENT OF FIFTY PERCENT (50%) FROM THE STATE, A COPY OF WHICH AGREEMENT IS ATTACHED AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye The foregoing ordinance was passed by the following vote: b Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye Mayor Smith invited anyone in the audience with petitions or information for the Council on matters not scheduled on the agenda to come forward and be heard. Mrs. Mina Medina, 3741 MacArthur, representing a group of the P.T.A. of David Crockett School, presented a petition of 156 signatures, requesting,that the Council take the necessary steps*to provide proper drainage at Belton and MacArthur intersection, and provide shell filling, or other convenient method, for the teachers' parking space immediately in the front of the school. (See Petition #22 in File.) Mrs. Fred Garcia, president of the P.T.A., Rev. E.B. Castaneda, and other signers of the petition, com- mented on the conditions existing in the vicinity of the school, and requested immediate relief before the next rain fall. Mayor Smith explained that members of the Council had just 'this week toured the City with the Street Superintendent, Henry Lewis, and the Budget & Research Analyst, Marvin Townsend, to see the conditions first-hand to aid in their studies for correcting the drainage and street problems, and that this particular area would likely hav to drain into the airport ditch, but that it was a matter of determining the ,best way of accomplishing the drainage by the shortest distance practical. Motion by Maldonado, seconded by Ingle and passed that the matters be referred to the Street Department to see what can be done in the way of temporary relief, and for recommendation as to a permanent plan. Mrs. Medina reported that all of the residents on Belton would like to have sidewalks in the near future and are willing to pay for them as soon as possible. Mayor Smith explained that this can be done by private contractor with the Cipy approving the specifica- tions, but that the matter would be referred to Mr. Lewis. Mrs. Austin Webb, lst vice-president of The League of Women Voters, appeared with several members of the League, to advise the Council of theiVcontinued support of Urban Renewal, and that they are anxious for everything to be done to expedite an Urban Renewal program for Corpus Christi. Mayor Smith answered that the cost figures would be presented soon; that the Council was disappointed to learn that under Federal concept of the Texas law, an independent agency had to be created to carry on the work of the Urban Renewal program, because the Council felt it was better for the elected officials to have full control of the program in view of their responsibility to the people; that subsequent areas of Urban Renewal would have to have the concurrence of the City Council; that there had been many changes in the proposed program since its inception; and that it would be very helpful to informing the public if the League would obtain copies of the law on Urban Re- newal and study them. Mr. Paul Little, attorney for Carl Duaine, surveyor, appeared and stated that he wished to officially pre sent to the City Council a letter prepared by Mr. Duaine in which he outlines some complaints against the Department of Public Works and the Director of Public Works, and that probably in 2 or 3 weeks Mr. Duaine would appear in Pers before the Council and go further into his complaints. Manager. Motion by Bigler, seconded by Aills and passed that the material be received and filed with the City Mr. Al Hardy, owner of the Maverick Club at 5017 Timon Boulevard, appeared and stated that the street in front of his Club is below sea -level and that when it rains he is completely out of business, that he has had to stay closed for about 32 days out of the last 95 days due to the high water covering the street; that Drahn Jones, Director of Public Works, had said it would take about 800 yards of shell to fill the street at that point; that a man from Heldenfels had told him he could put in a drag line and make it drain in an hour if it was filled; and asked that this be done immediately since he had been closed for the last 8 days. Mayor Pro -tem Roberts reminded Mr. Hardy that the matter had been referred to Mr. Jones at the October 22nd meeting for report and recommendation, and explained that Mr. Jones had been ill, but that the matter would be looked into to see what can be done. There being no further business to come before the Council, the meeting was adjourned. PRESENT: II. Mayor Farrell D. Smith Commissioners: W. J. Roberts B. E. Bigler Manuel P. Maldonado Charlie J. Aills Arthur R. James Odell Ingle SPECIAL COUNCIL MEETING November 18, 1958 2:00 P. M. City Manager Herbert W. Whitney Asst City Attorney John Waller City Secretary T. Ray Kring Mayor Farrell D. Smith called the meeting to order. City Secretary Kring called the roll of those in attendance. Mayor Smith announced the purpose of the special meeting was for public hearings on one zoning and two street closing matters. Street. First was the application of Nueces County Navigation District #1 for the closing of a portion of Water Harvey Weil, attorney for the applicant, presented a map showing the area involved in the application, 51 and explained the background of the request, stating that it was a routine matter in connection with the acquiring of the necessary right-of-way for the widening of the ship channel and the removal of the Bascule Bridge, that it was necessary at this time because of the requirement of the Corps of Engineers before the taking of bids next week for the widening of the ship channel from Ingleside to Tule Lake, and such closing was to be effective when the work of removing the Bridge is actually begun. No one appeared in opposition to the application. Motion by Bigler, seconded by James and passed that the hearing be closed, and the application be granted ORDINANCE NO. 5194 CLOSING ALL THAT PORTION OF WATER STREET WHICH LIES BETWEEN THE FOLLOWING LINES: THE NORTHERLY BOUNDARY: BEING A::LINE DRAWN AT RIGHT ANGLES ACROSS THE CENTERLINE OF WATER STREET AT A POINT 180 FEET SOUTH OF THE CENTERLINE OF BESSIE STREET, SOMETIMES KNOWN AS NINTH STREET, IN BROOKLYN ADDITION. THE SOUTHERLY BOUNDARY: BEING A LINE DRAWN ACROSS WATER STREET PARALLEL TO THE CENTERLINE OF THE AUTHORIZED 400 FOOT REALIGNED CHANNEL AND CROSSING THE CENTERLINE OF WATER STREEV AT A POINT WHICH IS 388.5 FEET NORTH OF THE CENTERLINE OF DAN REID STREET, SAID LINE ALSO BEING 192.85 FEET SOUTH OF THE SOUTH ABUTMENT OF THE BASCULE BRIDGE, PROVIDED SUCH CROSSING IS TO BE EFFECTIVE AT THE TIME THE WORK OF REMOVING THE BASCULE BRIDGE IS ACTUALLY BEGUN; AND RELINQUISHING ALL TITLE THERETO AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills' Aye Arthur R. James Aye Odell Ingle Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye Next was the application of N. 0. Simmons Development Company, Inc. and M. B. Clapp for the closing of certain road or street easements along the southwest boundary line of Lot 13-A, the northeast boundary of Lo 15, and the southwest boundary of Lot 12, all in Section 17, of Flour Bluff & Encinal Farm & Garden Tracts. Bob Burr, Senior Planner, located the areas involved in the application and gave the background of request, presented a plat showing the new street dedications, and pointed out that there was a stub street left open in case the City ever needed to go across the Golf Course. J. R. Sorrell, attorney for the applicant, stated that other streets would be provided to finish the overall pattern of the development of the area. 58 Mayor Smith directed that the minutes reflect that the attorney for the applicant concurs that there is no conflict with Tract C of Cayo del Oso recently acquired from the State. No one appeared in opposition to the application. Motion by Bigler, seconded by Roberts and passed that the hearing be closed and the application be granted Mayor Smith directed that Mr. Singer, City Attorney, be advised that the Water Division has water lines within the area to be closed, and that a provision be provided whereby the City be granted easements through the line ' locations. Mayor Smith read the proposed time limit amendment to the text of the Zoning Ordinance, as follows: "That ARTICLE XXVI be amended so as to add thereto a new section to be known as SECTION 6, -which section would (1) provide that all applications for a change in zoning classification shall be accompanied by a statement as to the proposed use for which the change is desired and committing said property to that purpose; (2) provide that unless the actual construction of the improvements to which said property has been committed by the applicant has not been commenced within one year or if commenced has not proceeded with due diligence, any re -zoning granted shall be of no force and effect; (3) (establish procedures for the disposition of questions incidental to the administrat of this section and to the automatic reversion of the zoning classification as provided above." Mayor Smith explained that the time limit related simply to subsequent zoning granted and not to be retr active, and that it would be mandatory rather than permissive. Commissioner James stated that he felt there should be provision made for the granting of extensions of time and perhaps the time should be two years instead of one year as recommended. Mrs. William Rascoe stated that she felt it would work a hardship on the property owner due to present conditions which make it hard for an owner to know exactly when he can accomplish his plans. Mayor Smith explained the purpose of the amendment was to prevent a property owner from being granted business zoning on the basis of need and necessity in accordance with sketches and plans for buildings, and then having a "For Sale - Will Build to Suit Tenant" sign put up on the property, on the basis that the granting of such business zoning might prevent a good faith application from being granted. Mrs. Rascoe said that she had not understood the purpose of the amendment and that after Mayor Smith's explanation, she wished to withdraw her objection. No one else appeared to be heard. Motion by Ingle, seconded by Roberts and passed that the hearing be closed, and the matter taken under advisement for study. There being no further business to come before the Council, the special meeting was adjourned. PRESENT: Mayor Farrell D. Smith Commissioners: W. J. Roberts B. E. Bigler Manuel P. Maldonado Charlie J. Aills Arthur R. James Odell Ingle REGULAR COUNCIL MEETING November 19, 1958 1:00 P. M. City Manager Herbert W. Whitney City Attorney I. M. Singer City Secretary T. Ray Kring Mayor Farrell D. Smith called the meeting to order. The Invocation was given by Reverend Allan H. Craft, Pastor of the First Presbyterian Church. City Secretary Kring called the roll of those in attendance. Motion by James, seconded by Roberts and passed that the minutes of the regular meeting of November 12, and the special meetings of November 12 and November 18 be approved. Mayor Smith announced that due to the public_. Hearing with reference to State Highway No. 37 scheduled for 2:00 p. m. today in the Exposition Hall, which was the reason this regular Council meeting was scheduled for 1:00 p.m instead of the regular hour of 2:00 p.m., and since the opening of bids had been scheduled for 2:00 p.m., this item on the agenda would be necessarily deferred, that this meeting would probably have to be recessed, and that the opening of bids and such other matters on the agenda which had not been taken up would be considered at such time 59 as this meeting was reconvened after the closing of the public hearing referred to, Mayor Smith asked that the record reflect that the Council wished to extend to Mr. Herbert Wood Whitney, our new City Manager, their warmest greetings, to wish him every success as City Manager of this City, happiness for himself and his family at living in Corpus Christi, and to ask that all of our citizens extend to the Whitneys every courtesy and consideration. Mayor Smith stated the Council was most happy in having Mr. Whitney as the City Manager and a citizen of the City, and that the Council and the people of Corpus Christi extend to Mr. Whitney a hearty welcome. The City Manager's Reports were temporarily deferred. Mayor Smith Kead a Resolution formally expressing the attitude of the City Council insofar as the proposed Interstate Highway #37 is concerned. Mayor Smith requested that the following statement be made a part of the Resolution just read: "That the City Council of this City has complete faith and confidence in the judgment, sincerity and ability of the State Highway Department to properly analyze and evaluate the overall con- siderations of the many facets involved; and that with full respect we do concur in such decision or decisions as they, in their exercise of their responsibilities, approve; and that we, as a Council acting for the people of Corpus Christi, are most appreciative of the system of freeways and bridges which the Texas Highway Department is bestowing upon this City; and that we have called attention to those things which we, in the exercise of our office and our duties, see fit and proper to call to the attention of the Highway Department at their invitation to attend the public hearing." Motion by Ingle, seconded by James and passed that the foregoing statement be made a part of the Resolu- tion as read by Mayor Smith. RESOLUTION NO. 5195 WHEREAS, The City of Corpus Christi has been designated as one of the cities to be on the Interstate Highway System, and U.S. Highway 37 has been tentatively located to connect from the Approach of the New High Level Channel Crossing Bridge and follow a route Westward through the City of Corpus Christi; and WHEREAS, The location of the said Highway should be so selected as to be the most feasible, not only from an engineering standpoint, but from an economic tax value, neighborhood preservation value, and convenient for the property owners and citizens in the locality as well as for the convenience of the travelling public; and WHEREAS, The City Council is of the opinion that it is possible to reduce the local problem of communi- cation and transportation from one side of the City to the other by routing said Highway in general along the divid- ing line between the Industrial Section of the City and the other portions of the City, and at the same time, avoid impairment of property and taxation values while not materially increasing the length nor the cost of the Highway: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS That the State Highway Department of Texas be commended for its efforts in expediting the planning stages in the construction of said U. S. Highway 37, and in designating other connecting Highways and Expressways within the area, including the City of Corpus Christi. BE IT FURTHER RESOLVED That the tentative route of U. S. Highway 37, extending from South Approach of the New High Level Channel Crossing Bridge to Palm Drive in the City of Corpus Christi, be and the same is hereby approve ,. and commencement of acquisition of right of way at an early date recommended. BE IT FURTHER RESOLVED That the Highway Department of Texas reconsider the route for that portion of said U. S. Highway 37 extending from Palm Drive to the Western City Limits in accordance with the suggestions that such Highway be routed to the North of the tentative location for that portion extending from Palm Drive to Savage Lane so as to give due consideration to the preservation of neighborhood values involved in that area, and to avoid the isolation of schools, playgrounds, churches and places of assembly, and so as to reduce the loss in private property values, tax values, and noncompensable costs which will result if the tentative route is made final. BE IT FURTHER RESOLVED That the Highway Department of Texas give further consideration to the location of Traffic Interchange between said U. S. Highway 37 and Lexington Boulevard, so as to avoid as far as possible the division of residential neighborhoods and high cost of acquiring developed area for right-of-way purposes by shifting the location of such Interchange to the West where such Interchange can be located in undeveloped, open area, more convenient, accessible and economical than the present tentative location. BE IT FURTHER RESOLVED That the City Council of this City has complete faith and confidence in the judgmen , sincerity and ability of the State Highway Department to properly analyze and evaluate the overall considerations of the many facets involved; and that with full respect we do concur in such decision or decisions as they, in the exer- cise of their responsibilities, approve; and that we, as a Council acting for the people of Corpus Christi, are most appreciative of the system of freeways and bridges which the Texas Highway Department is bestowing upon this City; and that we have called attention to those things which we, in the exercise of our office and our duties, see fit and proper to call to the attention of the Highway Depattment at their invitation to attend the public hearing. PASSED AND APPROVED This 19 day of November, 1958. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye 60 The foregoing resolution was passed by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye Mayor Smith asked if there was anyone in the audience who had come to be heard who would be inconvenie by the Council's recessing until after the close of the public hearing referred to earlier in the meeting. Mr. J. E. Hartle stated he had come to speak on the rehabilitation project and on some of the statements made to the League of Women Voters, but would like to be included on the agenda for next week. meeting. Dr. W. S. Hugly stated that he was present in connection with the Oso Project, but could come to the next Motion by Bigler, seconded by James and passed that the meeting be recessed until after the close of the aforementioned public hearing. - At 5:00 p.m., Mayor Smith announced that the recessed meeting would now be reconvened. Mayor Smith announced the opening of bids. Bids were opened and read on Curb and Gutters, Sidewalk and Driveways in the 300 and 400 blocks of North Lower Broadway from the following: Zachry Construction Co. Womack & Manning H & H Concrete Co. Motion by James, seconded by Ingle and passed that the foregoing bids be tabled for 48 hours as required by the City Charter, and referred to the City Manager for tabulation. following: Bids were opened and read on 14',600' of Plastic Pipe, 7 items of Fittings and 10 gals. of Solvent from Abbott Supply Co. C. C. Hardware Co. The National Supply Co. The Rohan Co., Inc. Southwestern Plastic Pipe Co. SAMSCO So. Texas Lawn Sprinkler Co. C.C. Gasket & Packing Co. Gulf Supply Co. Motion by Maldonado, seconded by James and passed that the foregoing bids be tabled for 48 hours as re- quired by the City Charter, and referred to the City Manager for tabulation. Bids were opened and read on 5 items of Irrigation Equipment from the following: Buescher Irrigation Supply Co. Catto & Putty C. C. Hardware Co. Goldthwaite's Texas Toro Houston Engine & Pump Co. Oaks Irrigation Equipment Co. SAMSCO So. Texas Lawn Sprinkler Co. Motion by James, seconded by Maldonado and passed that the foregoing bids be tabled for 48 hours as re- quired by the City Charter, and referred to the City Manager for tabulation Mayor Smith announced the Council would next hear the City Manager's Reports. Motion by James, seconded by Maldonado and passed that the City Manager be authorized to advertise for bids to be received on December 3 on an estimated 6 months' supply of various amounts and sizes of Copper Tubing. Motion by Maldonado, seconded by James and passed that the City Manager be authorized to advertise for bids to be received on December 3 on a quantity of Fittings, Pipe, etc. Motion by Ingle, seconded by Roberts and passed that one additional Police vehicle`; be purchased from Lewis Boggus Motors at a cost of $2,145.46 on the basis of their low bid recently accepted on,Police vehicles, and that the Purchasing Agent be authorized to sell to the highest bidder Police vehicle #75, a 1957 Ford Sedan, which has been wrecked, making an approximate net cost to the City for the replacement of $660.46 on the basis of proposal received on the wrecked vehicle, and the settlement with the Midwest Insurance Co. in the amount of $1,035. si Motion by Ingle, seconded by Roberts and passed that the award of bid on 25 - 3k' Bury and 25 - 4' Bury Fire Hydaants be made to Viking Supply Corp. for a total of $6,476.75. (See Bid Tabulation #67 in File.) Motion by Roberts, seconded by James and passed that the award of contracx for 20 Pilings, 301, 12" Butt, complete in place, be made to Brown & Root, Inc. for a total of $1,656.00 (See Bid Tabulation #68 in File.) Motion by James, seconded by Maldonado and passed that the award of bid for one Trenching machine onaan outright purchase basis be made to Alamo Iron Works for a Parsons Model 310 for a net total of $30,197.00. (See Bid Tabulation #69 in File.) Motion by Roberts, seconded by Ingle and passed that the request of Bur -Tex Constructors, Inc. for an additional 7 -day extension to April 11, 1959, of contract time for completion of the Westside Sewer Trunk Main, Unit I, be granted due to high waters resulting from previous rains. Motion by Bigler, seconded by Maldonado and passed that the request of Slovak Brothers for a 52 -day ex- tension to April 13, 1959, of contractttime for completion of the Alameda Storm Sewer, be granted due to continuous rains and wet grounds from the scheduled starting date of September 22 to November 13 when actual construction began Motion,by Ingle, seconded by Bigler and passed that the request of Guy I. Warren, et al, made through Dudley B. Foy, Jr., attorney,for extension of time to September 1, 1959, for commencing construction on the develop- ment of Cullen Place Commercial Center, located at Airline Road and Alameda Street,be granted. Motion by Bigler, seconded by James and passed that the award of contract for the construction of the Alameda Street Improvements, Doddridge Street to the North boundary line of the Golf Course, be made to Heldenfels Brothers on the basis of using 11" of lime stabilizer, at their low bid of $524,351.52. It was noted that the change in specifications of the Alameda Street Improvements should be coordinated with the commitments of the developers of the subdivisions to the east as well as to the west of Alameda Street, Mr. Jack Ryan and Mr. Tony Heldenfels, inasmuchas it would affect their prorata of costs. Motion by Bigler, seconded by Roberts and passed that December 10, 1958, be set as the date for receipt of bids for the construction of Unit 4, Railroad Track for North Approach of.the Tule Lake Lift Bridge, Project No. 13-55-1, plans and specifications for which were approved by Council November 5, 1958, submitted to the Corps of Engineers for their approval, and for which Telegram of approval, had beerrreceiVed:,-:.si ORDINANCE NO. 5196 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A CONTRACT WITH HELDENFELS BROTHERS FOR CONSTRUCTION OF ALAMEDA STREET IMPROVE- MENTS, DODDRIDGE TO NORTH BOUNDARY OF OSO GOLF COURSE, PROJECT 1-53-3.2: AND APPROPRIATING $398,000.00 FROM NO. 220 STREET BOND IMPROVEMENT FUND, OF WHICH $356,904.52 IS FOR THE CON- STRUCTION CONTRACT, $26,095.48 IS FOR CONTINGENCIES INCLUDING ENGINEERING AND LABORATORY CONTROL AND $15,000.00 IS FOR ANTICIPATED HOMESTEAD CERTIFICATES OF ASSESSMENT; AND DE- CLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Odell Ingle Aye Arthur R. James Aye ORDINANCE NO. 5197 AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A CONTRACT TO PURCHASE AND COMPLETE THE ACQUISITION OF LOTS 1 AND 2 IN BLOCK 9 OF THE LYLE SUBDIVISION OF SECTION "E" OF PAISLEY'S SUBDIVISION OF THE HOFFMAN TRACT, TO BE USED FOR GARBAGE DISPOSAL; APPROPRIATING THE SUM OF $8,800.00 OUT OF GENERAL FUND NO. 102; and DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye G 2 Charlie J. Aills Aye Arthur R. James Aye Odell Ingle . Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye In connection with the foregoing ordinance, it was suggested that since land so filled by garbage can only be used for park purposes for 10 years after being filled, that perhaps this land could be purchased with monie from the Park Trust Fund and turned over to the Park & Recreation Department for development as a park when it has been filled. It was decided to take the suggestion under advisement for study. ORDINANCE NO. 5198 AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE RELEASE OF SPECIAL ASSESSMENT AS FOLLOWS: IN THE AMOUNT OF THREE HUNDRED EIGHTY NINE AND 86/100 (389.86) DOLLARS AGAINST THAT CERTAIN PROPERTY FRONTING 135 FEET ON THE EAST SIDE OF BALDWIN BOULEVARD, DESCRIBED AS LOT 2, BLOCK 1,SOUTHWEST HEIGHTS, AND THE OWNER THEREOF, LAWRENCE GATES, A COPY OF WHICH RELEASE IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye ORDINANCE NO. 5199 AUTHORIZING AND DIRECTING THE CITY MANAGER TO REFUND THE SUM OF EIGHT HUNDRED NINE TY-,F-IVE,AND 04/100 ($895.04) DOLLARS TO CLARENCE TILLMAN, WHICH SUM WAS PAID AS AD VALOREM TAXES IN ERROR ON PROPERTY WHICH MR. TILLMAN DID NOT OWN; PROVIDING FOR PAYMENT OF SAID REFUND OUT OF DE- LINQUENT TAX COLLECTIONS; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye ORDINANCE NO. 5200 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A CONTRACT WITH BROWN AND ROOT, INCORPORATED, FOR DRIVING 20 PILLINGS, COMPLETE IN PLACE, FOR THE SUM OF $1,656.00 AS MORE FULLY DESCRIBED IN THE PLANS, SPECIFICATIONS AND CONTRACT DOCUMENTS, MADE A PART HEREOF BY REFERENCE; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye iCharlie J. Aills Aye !^rthur R. James Aye 63 The foregoing ordinance was passed by the following vote: Farrell D. Smith- Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye No one appeared in answer to Mayor Smith's invitation to anyone in the audience with petitions or infor- mation for the Council on matters not scheduled on the agenda to come forward and be heard. There being no further business to come before the Council, the.recessed meeting was adjourned. I, Farrell D. Smith, Mayor of the City of Corpus Christi, Texas, certify that the foregoing minutes, same being for the period of October 15, 1958 through November 19, 1958, inclusive, and having been previously approved by houncilr.Action, are by me hereby approved. V(,—`4 F ELL D. SMITH, Mayor City of Corpus Christi, Texas PRESENT: Mayor Farrell D. Smith Commissioners: W. J. Roberts B. E. Bigler Manuel P. Maldonado Charlie J. Aills Arthur R. James Odell Ingle approved. REGULAR COUNCIL MEETING November 26, 1958 2:00 p. m. City Manager Herbert W. Whitney City Attorney I. M. Singer City Secretary T. Ray Kring Mayor Farrell D. Smith called the meeting to order. The Invocation was given by Reverend I. Fred Vasques, of Mexican Christian Church. City Secretary Kring called the roll of those in attendance. Motion by Ingle, seconded by Roberts and passed that the minutes of the regular meeting of November 19 be Mayor Smith announced the opening of bids on the construction of storm sewers, curbs, gutters and sidewalks on Agnes and Laredo Streets from Port Avenue to South Staples Street, which were opened and read from the following: Heldenfels Brothers Brown & Root, Inc. J. M. Dellinger, Inc. Motion by Bigler, seconded by James and passed that the foregoing bids be tabled for 48 hours as required by the City Charter, and referred to the City Manager for tabulation. Mayor Smith announced the Council would next hear the City Manager's Reports. Motion by Maldonado, seconded by Roberts and passed that the award of bid for 5 items of Irrigation Equip- ment be made to Catto & Putty for a total of $1,822.33. (See Bid Tabulation #70 in File.) Motion by Roberts, seconded by James and passed that the award of bid for 14,600' of Plastic Pipe, 7 items of Fittings and 10 gals. of PVC Solvent be made to the Rohan Company, Inc. for a total of $4,038.77. (See Bid Tabu- lation #71 in File.) Motion by Bigler, seconded by Roberts and passed that the City Manager be authorized to advertise for bids to be received on December 10 on construction of a concrete slab, complete in place, in Lindale Park. Motion by Ingle, seconded by Bigler and passed that the date of December 10, during the regular meeting, be set for a public hearing on the application of R. L. Burnham for the closing of the remainder of the alley in Water Block 72, Beach Portion, north of the Mayflower Motel. Motion by Bigler, seconded by Roberts and passed that the date of December 10, during the regular meeting, be set for a hearing before the City Council on an appeal from the decision of the Zoning & Planning Commission re proposed re -subdivision of Lot 1, Block 1, Southland Estates. V4 THIRD READING OF AN ORDINANCE: ORDINANCE NO. 5201 AUTHORIZING THE CITY MANAGER FOR AND ON BEHALF OF THE CITY, TO EXECUTE A CONTRACT BETWEEN THE CITY AND G. E. CLARK, ET AL FOR THE DEVELOPMENT OF THE AREA EMBRACING A PORTION OF CAYO DEL OSO PURCHASED FROM THE STATE OF TEXAS BY THE CITY UNDER THE GENERAL DESCRIPTION OF "TRACT C". Motion by James, seconded by Ingle and passed that the revised contract be substituted in the foregoing ordinance before the third and final reading. The foregoing ordinance was read for the third time and passed finally by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye ORDINANCE NO. 5202 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TEXAS, TO EXECUTE WITH THE CENTRAL DEVELOPMENT COMPANY, INC. A CONTRACT PROVIDING THAT THE CITY OF CORPUS CHRISTI, TEXAS, WILL BE RESPONSIBLE FOR STREET LIGHT BILLINGS TO THE EXTENT OF ONE THOUSAND EIGHT AND N0/100 ($1,008.00) DOLLARS ON TWELVE STREET LIGHTS TO BE INSTALLED IN SCHANEN ESTATES X61, UPON THE PAYMENT TO THE CITY OF ONE THOUSAND EIGHT AND N0/100 (E1,008.00) DOLLARS BY CENTRAL DEVELOPMENT COMPANY, INC., A COPY OF WHICH AGREEMENT IS ATTACHED HERETO; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye ORDINANCE NO. 5203 APPROPRIATING $588.55 OUT OF NO. 220, STREET BOND IMPROVEMENT FUND, FOR THE CITY'S PORTION OF THE PAVING COSTS ASSESSED AGAINST PROPERTY USED FOR CHURCH USE, BEING BLOCK 1406-A, Lot 1, in PORT ARANSAS CLIFFS ADDITION, AN ADDITION OF THE CITY OF CORPUS CHRISTI; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado AYE Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye ORDINANCE NO. 5204 APPROPRIATING $28,191.27 OUT OF FUND 297, SANITARY SEWER SYSTEM BOND IMPROVEMENT FUND, FOR THE CONSTRUCTION OF SEWER LATERALS IN GARDENDALE AND WOODLAWN AREAS AS PROVIDED IN THE 1928-59 BUDGET; PROVIDING THAT SUCH CONSTRUCTION BE DONE BY CITY FORCES; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye LUC The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye ORDINANCE NO. 5205 APPROPRIATING $50,470.00 FROM FUND NO. 220, STREET BOND IMPROVEMENT FUND, TO BE USED FOR THE CONSTRUCTION OF THIRTY-FIVE (35) BLOCKS OF STREET IMPROVEMENTS WHERE CURBS AND GUTTERS ARE PROVIDED BY THE ABUTTING PROPERTY OWNERS; PROVIDING FOR THE WORK TO BE DONE BY CITY FORCES; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye ORDINANCE NO. 5206 CLOSING A Z 0' ROADWAY EASEMENT ALONG THE SOUTHWEST BOUNDARY LINE OF LOT 13-A, SECTION 17, OF THE THE FLOUR BLUFF & ENCINAL FARM & GARDEN TRACTS IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, TO THE USE OF THE PUBLIC FOR STREET AND TRAFFIC PURPOSES; RELINQUISHING ALL TITLE THERETO; AND CLOSING A 40' ROADWAY EASEMENT WITH THE CENTER LINE THEREOF BEING THE COMMON BOUNDARY OF THE NORTHEAST BOUNDARY OF LOT 15, SECTION 17, FLOUR BLUFF & ENCINAL FARM & GARDEN TRACTS, AND THE SOUTHWEST BOUNDARY LINE OF LOT 12, SECTION 17, OF FLOUR BLUFF & ENCINAL FARM & GARDEN TRACTS, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, TO THE USE OF THE PUBLIC FOR STREET PURPOSES; , RELINQUISHING ALL TITLE THERETO; AND DECLARING AN EMERGENCY. 4 The Charter Rule was suspended by the following vote; Farrell D. Smith Aye W. J. Roberts Aye B., E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye Mayor Smith invited anyone in the audience with petitions or information for the Council on matters not scheduled on the agenda to come forward and be heard. Mr. Carl Duaine, presented a plat of Park Lane Subdivision on which he had marked in red several points in error, and stated that he was calling the Council's attention to the failure of the Director of Public works to per- form his duties. There followed a discussion with Drahn Jones, Director of Public Works, as to the usual procedure with re- gard to the checking and signing of plats, and Commissioner Bigler stated that he felt Mr. Duaine's complaints shou be against the engineer involved rather than against Mr. Jones for signing the plat on the basis of the engineering seal. Mr. Leland B. Ross, Executive Vice President of the Home Builders Association of Corpus Christi, presented and read a letter in support of the current delay in the Urban Renewal project and recommending ways and means for cutting confusion with regard to Urban Renewal, its concepts and purposes. He presented an Organization Chart of t Association's proposal for a Citizens Advisory Committee, and a synopsis of the Urban.Renewal Bill. �6 The foregoing was received and filed with the City Manager for study. . Mayor Smith announced that Mr. Lee H. Scott was going to Mexico City for the inauguration ceremony of the president-elect, Adolfo Lopez Mateos, and that the Council had asked Mr. Scott to represent the City of Corpus Chris and present him with a Key to our City as an expression of our best wishes for a successful administration and good- will for continued friendship between the two nations. Motion by Bigler, seconded by Maldonado and passed that the meeting be adjourned. REGULAR COUNCIL MEETING December 3, 1958 2:00 P. M. PRESENT: Mayor Pro -tem W. J. Roberts Commissioners: B. E. Bigler Manuel P. Maldonado Charlie J. Aills Arthur R. James Odell Ingle Mayor Pro -tem W. J. Roberts called the meeting to order. City Manager Herbert W. Whitney Asst City Attorney Milton W. Walton City Secretary T. Ray Kring The Invocation was given by Commissioner Arthur R. James, due to the absence of the invited Guest Chaplain City Secretary Kring called the roll of those in attendance. Motion by Bigler, seconded by Aills and passed that the absence of Mayor Farrell D. Smith be excused. Motion by Ingle, seconded by Maldonado and passed that the minutes of the regular meeting of November 26 be approved. N Mayor Peo-tem Roberts announced the opening of bids. Bids were opened and read on the construction of 16" and 10" Gas Transmission Lines on Horne Road from Ayers to Savage Lane from the following: Sheppard -Geiger Construction Co. Heldenfels Bros. Motion by Bigler, seconded by Maldonado and passed that the foregoing bids be tabled for 48 hours as re- quired by the City Charter, and referred to the City Manager for tabulation. Bids were opened and read on the construction ofGollihar Storm Sewer, Unit #7, Ayers to Prescott, Kasper and Florence Street Laterals, from the following: T. H. Lee Heldenfels Bros. Slovak Bros. Motion by Bigler, seconded by Aills and passed that the foregoing bids be tabled for 48 hours as required by the City Charter, and referred to the City Manager for tabulation. following: Bids were opened and read on an estimated 6 months' supply of four items of Copper Tubing from the i Allied Metals Municipal Supply The Rohan Co. Superior Iron Works Wallace Co. Crane Co. Norvell-Wilder Supply Gulf Supply C.C. Hardware Allied Plumbing Supply Alamo Iron Works Motion by Maldonado, seconded by James and passed that the foregoing bids be tabled for 48 hours as re- quired by the City Charter, and referred to the City Manager for tabulation. 4 - Bids were opened and read on M. J. Gate Valves, Fittings and CI Pipe from the following: American C.'' I. Pipe Co. Iowa Valve`Co. Lone Star Steel Co. The Ludlow Valve Mfg. Co. The Rohan Co. U. S. Pipe & Foundry Co. Viking Supply Corp. i 8AMSCO i rane Co. V7 Norvell-Wilder Gulf Supply Co. C.C. Hardware Alamo Iron Works Motion by Ingle, seconded by Maldonado and passed that the foregoing bids be tabled for 48 hours as re- quired by the City Charter, and referred to the City Manager for tabulation. Mayor Pro -tem Roberts announced the Council would next hear the City Manager's Reports. Motion by Bigler, seconded by Aills and passed that the City Manager be authorized to advertise for bids to be received on December 17 on one Patrol Boat for the Yacht Basin. Motion by Bigler, seconded by Maldonado and passed that the City Manager be authorized to advertise for bids to be received on December 17 on Portable Floor Risers for the Coliseum. Motion by Ingle, seconded by Bigler and passed that the City Manager be authorized to advertise for bids to be received on December 17 on 5 items of Traffic Control Equipment. Motion by Maldonado, seconded by James and passed that the award of contract for construction of storm sewers, curbs, gutters and sidewalks on Agnes and Laredo Streets from Port Avenue to South Staples Street be made to Brown and Root, Inc. for a total of $269,521.20. Motion by Ingle, seconded by James and passed that the City Manager be authorized to approve leave, with pay, for all City employees for December 26, 1958, and further providing that all employees of the Sanitation Divi- sion, and all other City employees including Firemen and Policemen:in the Department of Public Safety, and emergency crews in the Department of Public Utilities, required to work be given holiday compensation, an additional day of vacation time, or compensatory time off, as may be approved by the Department Read. ORDINANCE N0. 5207 APPROPRIATING $831.47, BALANCE OF FUND NO. 260 GARBAGE DISPOSAL PLANT BOND IMPROVEMENT FUND, FOR THE CONSTRUCTION OF A ROAD AND SITE IMPROVEMENTS AT THE NEW SANITARY LAND FILL SITE PROVIDED IN THE 1958-59 BUDGET; PROVIDING THAT SUCH CONSTRUCTION SHALL BE DONE BY CITY FORCES; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Farrell D. Smith W. J. Roberts B. E. Bigler Manuel P. Maldonado Charlie J. Aills Arthur R. James Odell Ingle The foregoing ordinance was passed by the following vote: Farrell D. Smith W. J. Roberts B. E. Bigler Manuel P. Maldonado Charlie J. Aills Arthur R. James Odell Ingle ORDINANCE NO. 5208 Absent Aye Aye Aye Aye Aye Aye Absent Aye Aye Aye Aye Aye Aye APPROPRIATING $10,383.00 OUT OF NO. 220, STREET BOND IMPROVEMENT FUND, FOR PROJECT 1-53-6.1, relocating 1,600 FEET OF SANITARY SEWER LINE IN AGNES STREET FROM BLUNTZER STREET TO 19TH STREET; PROVIDING THAT SUCH WORK BE DONE BY CITY FORCES; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith W. J. Roberts B. E. Bigler Manuel P. Maldonado Charlie J. Aills Arthur R. James Odell Ingle The foregoing ordinance was passed by the following vote: Farrell D. Smith W. J. Roberts B. E. Bigler Manuel P. Maldonado Charlie J. Aills Arthur R. James Odell Ingle Absent Aye Aye Aye Aye Aye Aye Ajbaent Aye Aye Aye Aye Aye Aye MM 0 elm fib ORDINANCE NO. 5209 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI,.TO EXECUTE A CONTRACT WITH BROWN AND ROOT, INC., FOR CONSTRUCTION OF THE AGNES-LAREDO STREET IMPROVE- MENTS, PORT AVENUE TO STAPLES,PROJECT NO. 5-53-6: APPROPRIATING THE SUM OF $212,000.00 FROM NO. 220 STREET BOND IMPROVEMENT FUND, OF WHICH $199,807.20 IS FOR THE CONSTRUCTION CONTRACT, $9,992.80 IS FOR CONTINGENCIES, INCLUDING LABORATORY CONTROL AND ENGINEERING AS REQUIRED, $2,200.00 FOR ANTICIPATED CERTIFICATES OF HOMESTEAD ASSESSMENTS; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Agent W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith 4eent W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye Mayor Pro -tem Roberts invited anyone in the audience with petitions or information for the Council to come forward and be heard. Mr. J. A. C. Baker, Chairman of the Building Standards Commission, called the Council's attention to the community need for the activities of this Commission, and pointed out the need for the full-time services of an In- spector, an appropriation for funds for employing the services of an engineer on occasions and for photographs of sub -standard property, and of the need to clear up the backlog of cases in the Legal Department, some of which have been filed in theDistrict Court but no date set. Mr. J. E. Hartle, member of the Building Standards Commission, supported Mr. Baker's remarks, and request- ed that Lonnie Kubala, who has been devoting part of his time to inspection for this Commission, be designated as full-time Inspector for this work. Motion by Bigler, seconded by James and passed that the matter be referred to the City Manager for study and recommendation. Mayor Pro -tem Roberts read a petition, signed by 20 residents in the area, which was presented requesting investigation of the condition of Marguerite Street from Harmon to Duncan Streets with regard to drainage and stag- nant water. (See Petition #23 in File.) Motion by Bigler, seconded by Maldonado and passed that the petition be referred to the City Manager for investigation and recommendation. There being no further business to come before the Council, the meeting was adjourned. PRESENT: Mayor Farrell D. Smith Commissioners: W. J. Roberts B. E. Bigler Manuel P. Maldonado Charlie J. Aills Arthur R. James Odell Ingle approved. REGULAR COUNCIL MEETING December 10, 1958 2:00 P. M. City Manager Herbert W. Whitney Ass't City Attorney Milton W Walton City Secretary T. Ray Kring Mayor Farrell D. Smith called the meeting to order. The Invocation was given by Reverend C. J. Aubry, of Holy Cross Church. City Secretary Kring called the roll of those in attendance. Motion by Ingle, seconded by James and passed that the minutes of the regular meeting of December 3 be Mayor Smith announced the opening of bids. 6J Bids were opened and read on the construction of a 36' x 66' multi-purpose concrete slab, complete in place, from the following: H & H Concrete Co. Zachry Construction Co. Motion by James, seconded by Maldonado and passed that the foregoing bids be tabled for 48 hours as re- quired by the City Charter, and referred to the City Manager for tabulation. Mayor Smith announced the Council would next hold two public hearings. First was the application of R. L. Burnham for the closing of the remainder of an alley 20' wide extend- ing 100' southward from Hughes Street, in Water Block 72, Beach Portion of the City. City Manager Whitney stated that since there are no City utilities within the portion of the alley in question, the Staff offered no objections to the granting of the closing. cation. The applicant was present in support of the closing, and no one one appeared in opposition to the appli- Mayor Smith explained the established policy of the City with regard to similar closings. Motion by Bigler, seconded by Aills and passed that the hearing be closed, and the City Manager be au ized to negotiate for the closing of this portion of the subject alley in accordance with the usual provisions with reference to utilities easements and payment for the property. Next was the appeal by Floyd Burt from the decision of the Zoning & Planning Commission re the proposed Resubdivision of Lot 1, Block 1, Southland Estates. R. W. Burr, Senior Planner, presented the proposed replat of the application and of alternate proposals and explained the effect of each with regard to the Kostoryz Elementary School and the possible future development of the area. Harry Hoag, represented the applicant, and explained the requested street development and lot layout and his client's request on the basis that the proposed plat would permit individual development of the lots rather than the necessity of developing all of the lots simultaneously in order to get full street improvements. He further stated that his client would be willing to build a 6' fence of either redwood or cedar along Richter Street at the rear of the properties if the Council so desired. Motion by Bigler, seconded by Maldonado and passed that the hearing be closed,,and the matter taken under advisement. Mayor Smith announced the Council would next hear the City Manager's Reports. Motion by Bigler, seconded by Aills and passed that the date for the opening of bids on Unit IV, Rail Track for North Appropch of Bridge over Tule Lake Channel be postponned until the regular meeting of December 17, 1958, since no bids had been received for today's opening of bids, in an effort to encourage the submission of bids. Motion by Maldonado, seconded by Ingle and passed that the award of contract for the construction of Gollihar Storm Sewer, Unit 7, and Laterals on Kasper and Florence Streets be made to Heldenfels Brothers in the amount of $121,363.40. Motion by Roberts, seconded by Aills and passed that the bids for the installation of 10" and 16" Gas Transmission Mains on Horne Road be rejected on the basis that the low bid exceeded the engineering estimated by 21.6% and the completion schedule does not allow for use of the mains during the winter; and that the work be author ized to be done by City Forces at an estimated cost of $30,375 and 68, 8 -hour working days. Motion by Ingle, seconded by Aills and passed that the award of bid on various quantities and sizes of M.J. C.I. Gate Valves, Fittings and Pipe be made to San Antonio Machine & Supply Co. in the amount of $5,428.98; to Norvell-Wilder Supply Co. in the amount of $171.40; to C. C. Hardware Co. in the amount of $1,470.71; and to America Cast Iron Pipe Co. in the amoutit of $3,640.00. (See Bid Tabulation #72 in File.) Motion by Bigler, seconded by Maldonado and passed that the award of bid on 4 items of Copper Tubing of various quantities and sizes be made to The Rohan Company in the amount of $8,150.08. (See Bid Tabultion #73 in File.) Motion by Bigler, seconded by Aills and passed that the Tax Error & Correction List and Supplemental Tax Roll for November, 1958, be approved. Motion by Ingle, seconded by James and passed that the City Manager be authorized to advertise for bids to be received on December 30 on 1 Offset Duplicating Machine with attachments and 1 Vacuum'Frame. Motion by Ingle, seconded by Aills and passed that the City Manager be authorized to advertise for bids to be received on December 30 on 30 items of Brass Service Fittings of various quantities and sizes. Motion by Roberts, seconded by Bigler and passed that the City Manager be authorized to advertise for bids to be received on December 30 on an estimated year's supply of Steel Pipe Fittings. Motion by Ingle, seconded by Bigler and passed that the date of December 23, during the regular meeting convening at 2:00 p. m. be set for'a public hearing on an application for a change of street name of Yawl Place to Gulf Shore Place in Pope Place #5. ORDINANCE NO. 5210 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A CONTRACT WITH HELDENFELS BROTHERS'FOR CONSTRUCTION OF GOLLIHAR STORM SEWER UNIT #7 WITH LATERALS ALONG KASPER AND.FLORENCE STREETS, PROJECT NO. 3-53-2.13; APPROPRIATING THE SUM OF $127,500.00 FROM NO. 295 STORM SEWER BOND IMPROVEMENT FUND, OF WHICH $121,363.40 IS FOR THE CONSTRUCTION CONTRACT, $6,136.60 IS FOR CONTINGENCIES INCLUDING ENGINEERING AND LABORATORY TESTS AS REQUIRED; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye - Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye ORDINANCE NO. 5211 AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXERCISE THE CITY'S OPTION TO EXTEND THE LIPAN STREET IMPROVEMENT, PROJECT NO. 1-53-4.1, TO INCLUDE UNIT NO. 3, STREET IMPROVEMENTS FROM OLD ROBSTOWN ROAD TO HIGHWAY NO. 9, AS PRO- VIDED IN ORDINANCE NO. 5050; APPROPRIATING THE SUM OF $10,650.00 FROM N0. 220, STREET BOND IMPROVEMENT FUND, OF WHICH $9,162.98 IS FOR THE CONSTRUCTION CONTRACT AND $1,487.02 IS FOR CONTINGENCIES INCLUDING LABORATORY TESTS AND ENGINEERING SERVICE AS REQUIRED; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye The foregoing ordinance was passed by the following vote: Farrell D. Smithq Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye - Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye ORDINANCE NO. 5212 CLOSING THE DEAD END PORTION OF TASCO STREET IN TEMPLE ADDITION; AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF'CORPUS CHRISTI, TEXAS, TO EXECUTE DEEDS QUITCLAIMING ONE-HALF OF THE CLOSED DEAD END PORTION OF TASCO STREET TO EACH OF THE ABUTTING PROPERTY OWNERS, CARLOS NIETO AND ROEL G. MARROQUI9, RESERVING THEREIN EASEMENTS FOR EXISTING UTILITIES, UPON PAYMENT OF THE CONSIDERATION OF 2553.50; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye O�e1tringleames Aye e 71 The foregoing ordinance was passed by the following vote: Farrell D. Smith W. J. Roberts B. E. Bigler Manuel P. Maldonado Charlie J. Aills Arthur R. James Odell Ingle Aye Aye Aye Aye Aye Aye Aye ORDINANCE NO. 5213 - AMENDING RESOLUTION NO. 1709 AND CORRESPONDING SECTION IN THE CODE OF CORPUS CHRISTI, 1958, BY'. ADDING SUBSECTION (A) TO=''SECTIIONCZ2a SA` IXESOLU' LON IOD701. 1.17 Q'S 1DF CC'i�' `, G � L' i : , i:} , BY ADDING SUB -SECTION (A) TO SECTION 1-14 OF THE CODE OF CORPUS CHRISTI, 1958, SO AS TO ELIMINATE THE NECESSITY FOR PREQUALIFICATION OF BIDDERS ON PUBLIC WORKS CONTRACTS WHERE THE CITY OF CORPUS CHRISTI IS PARTICIPATING JOINTLY WITH ONE OR MORE GOVERNMENTAL BODIES OR AGENCIES IN THE PLANNING, CONSTRUCTION, FINANCING OR OPERATION.OF A PUBLIC PROJECT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye Mayor Smith announced receipt of a petition signed by 5 residents of Eldon Drive for an extension of Sharon Drive to Gaines Street. (See Petition #24 in File.) Motion by Ingle, seconded by Roberts and passed that the petition be accepted and referred to the City Manager for investigation and recommendation. Mayor Smith invited anyone in the audience with petitions or information for the Council on matters not scheduled on the agenda to come forward and be heard. Mr. Gary Steen, 1045 Shiels, and Chief H. W. Avery, 1041 Burr, representing the P.T.A. of Frazer Ele- mentary School, described the condition and requested immediate relief with regard to the lack of sidewalks and the presence of ditches on Airline and McArdle in the immediate vicinity of the school because of the danger to the young children, which danger has become more hazardous due to the increased traffic since the opening of the Gulf - way Shopping Center. It:was explained that the contract has been let for the drainage of this area, and that upon comple- tion the need for open drainage ditches will be eliminated, and the City's policy with regard to sidewalks was explained. Motion by Bigler, seconded by Roberts and passed that the matter be referred to the City Manager for investigation and recommendation as to immediate relief for the area. There being no further business to come before the Council, the meeting was adjourned. PRESENT: ,Mayor Farrell D. Smith Commissioners: W. J. Roberts B. E. Bigler Manuel P. Maldonado Charlie J. Aills Arthur R. James Odell Ingle REGULAR COUNCIL MEETING December 17, 1958 2:00 P. M. City Manager Herbert W. Whitney City Attorney I. M. Singer City Secretary T. Ray Kring Mayor Farrell D. Smith called the meeting to order. The Invocation was given by Reverend Chris Jones, Assistant Rector of All Saints' Episcopal Church. City Secretary Kring called the roll of those in attendance. r2 be approved. Motion by Roberts, seconded by James and passed that the minutes of the regular meeting of December 10 Mayor Smith announced the opening of bids. Bids were opened and read on construction of Unit IV, Railroad Track for North Approach of Bridge over Tule Lake Channel from the following: Campbell Construction Co., Houston Wm. A. Smith Construction Co., Houston W. H. Nichols & Co., Dallas N. Pachecano & Sons, San Antonio The Goldston Co., CorpusyChristi Motion by Roberts, seconded by James and passed that the foregoing bids be tabled for 48 hours as requir- ed by the City Charter, and referred to the City Manager for tabulation. Bids were opened and read on 8 items of Traffic Signals, Controllers and Equipment from the following: Eagle Signal Corp. Graybar Electric Co. The Marbelite Co., Inc. Nunn Electric Supply Co. Sterrett Supply Southern Signals, Inc. Westinghouse General Electric Supply Co. C. C. Hardware Motion by Roberts, seconded by James and passed that the foregoing bids be tabled for 48 hours as requir- ed by the City Charter, and referred to the City Manager for tabulation. Bids were opened and read on one Patrol Boat from the following: Jess Edwards, Inch Pugh's Yacht Servile. Motion by Maldonado, seconded by James and passed that the foregoing bids be tabled for 48 hours as re- quired by the City Charter, and referred to the City Manager for tabulation. Mayor Smith announced -.:the Council would next hold the public hearing on the application of State Highway Dept. for a change of zoning from "B-1" Neighborhood Business District and "R-1" One -Family Dwelling District to "L -I Light Industrial District on a portion of Lot 7, in Section 4, in -Section -4, Bohemian Colony Lands, located on the southeast corner of Lexington Boulevard and Rabbit Run Road (1,067' on Lexington Boulevard and 1,165' on Rabbit Run Road) being 30 acres. Ed Shaw, Zoning Coordinator, summarized the background of the application. No one appeared in opposition to the application. Motion by Roberts, seconded by Bigler and passed that the hearing be closed, and the application be ap- proved in accordance with the recommendation of the Zoning & Planning Commission. Mayor Smith announced.,the next matter was a pending item before the City Council on the matter of the appeal of Floyd Burt from the decision of. the Zoning & Planning Commission with reference to the proposed re -subdi- vision of Lot 1, Block 1, Southland Estates. Motion by Bigler, seconded by Maldonado and passed that the foregoing application be denied and that the decision of the Zoning & Planning Commission be sustained in denying this plat in that it does not conform to an established policy in proposing to back lots to an existing street, and such development would represent an isolated condition extending for only 700' in an area in which other residential development faces or sides on'this same st Mayor Smith announced the Council would next hear the City Manager's Reports. Motion by Ingle, seconded by Roberts and passed that the City Manager be authorized to advertise for bid to be received on January 7 on 15,000 feet,of 6" and 4,000 feet of 8" Cast Iron or Asbestos Cement Pipe. Motion by Maldonado, seconded by James and passed that the award of contract for the construction of a 36' x 66' multi-purpose concrete slab, complete in place, in Lindale Park be made to H. & H. Concrete Company in the sum of $1,568.16. Motion by James, seconded by Aills and passed that the request of Slovak Brothers for an extension of 5$ days for completion of Oso Lake Storm Sewer Project, Windsor and Mt. Vernon Areas, be granted to September 29, 1959. Motion by James, seconded by Maldonado and passed that the request of L. P. Sholl•for an extension of 45 days for completion of seal -coating approximately 12 miles of streets be granted to January 24, 1959. 73 Motion by Ingle, seconded by Maldonado and passed that the regular meetings of December 24 and December 31 be changed to December 23 and December 30 respectively. Motion by Roberts, seconded by Bigler and passed that the City Manager be authorized and directed to send a written notice to Houston Natural Gas Corporation, notifying said company of the intention of the City of Corpus Christi to acquire the property used in the system of that company under its franchise from the City, in accordance with the terms of that franchise. Cecil Burney, local attorney for Houston Natural Gas Corp., protested the foregoing action on the basis that there had been no previous notice of the City's intention, and that it committed the people to a great financia burden without first having any part in a discussion on the matter. The Council explained that the exercising of the city's option contained in the contract was a property right of the people of such financial magnitude that it should be decided by the people, that such option must be exercised at this time in order not to be forever lost to the people, and that the foregoing action does not commit the people to spend any money as it would have to beadecided in a bond election for the purpose of the acquisition. ORDINANCE NO. 5213 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A CONTRACT WITH H. & H. CONCRETE COMPANY TO CONSTRUCT AN ALL-PURPOSE CONCRETE SLAB, COMPLETE IN PLACE, AT THE LINDALE PARK, IN ACCORDANCE WITH PLANS AND SPECIFICATIONS SUBMITTED, FOR THE SUM OF $1,568.16; AND DECLARING AN EMERGENCY The Charter Rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith' Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye ORDINANCE NO. 5214 SETTING UP, CREATING AND DIVIDING THE CITY OF CORPUS CHRISTI, TEXAS, INTO THIRTY-THREE (33) WARDS; DESCRIBING SAID WARDS; REPEALING ALL ORDINANCES AND PART OF ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye, The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye ORDINANCE NO. 5215 DIVIDING THE CITY OF CORPUS CHRISTI, TEXAS, INTO THIRTY-THREE (33) ELECTION PRECINCTS FOR AND IN WHICH ALL MUNICIPAL ELECTIONS SHALL HEREAFTER BE HELD IN AND FOR SAID CITY AND SAME SHALL BE KNOWN AS ELECTION PRECINCTS NUMBERS ONE (1), TWO (2)9 THREE (3)0 FOUR (4)9 FIVE (5), SIX (6), SEVEN (7), EIGHT (8), NINE (9), TEN (10), ELEVEN (11), TWELVE (12),,THIRTEEN (13), FOURTEEN (14), FIFTEEN (15), SIXTEEN (16), SEVENTEEN (17), EIGHTEEN (18), NINETEEN (19), TWENTY (20), TWENTY- ONE :(21), TWENTY-TWO (22), TWENTY-THREE (23), TWENTY-FOUR (24), TWENTY-FIVE (25), TWENTY- SIX (26), TWENTY-SEVEN (27), TWENTY-EIGHT (28)0 TWENTY-NINE (29),'THIRTY (30), THIRTY-ONE (31), THIRTY-TWO (32), THIRTY-THREE (33); REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: e, 74 Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye W. J. Roberts Aye *B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle— Aye ORDINANCE NO. 5216 BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,'TEXAS, CALLING AN ELECTION ON THE QUESTION OF THE ISSUANCE OF MEMORIAL COLISEUM AIR CONDITIONING BONDS IN THE AMOUNT OF $200,000.00; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye The above ordinance was passed by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye ORDINANCE NO. 5217 APPROPRIATING FROM NO. 202 WATERWORKS BOND CONSTRUCTION FUND THE -SUN OF $1,000.00 TO COVER COSTS CONTINGENT TO ACQUISITION OF LAND FOR SITE OF A WATER PUMPING PLANT AND STORAGE AREA, PROJECT NO. 7-53-3, INCLUDING APPRAISAL FEE BY GREGORY MOORE IN THE AMOUNT OF $300.00; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye The above ordinance was passed by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye RESOLUTION NO. 5218 DECLARING THE INTEREST OF THE CITY OF CORPUS CHRISTI IN BEHALF'OF'ITS CITIZENS IN THE PROPOSED DISPOSAL OF RADIOACTIVE REFUSE BY DUMPING SUCH REFUSE IN THE GULF OF MEXICO; DECLARING ANY SUCH CONTAMINATION OF THE WATERS OF THE GULF OF MEXICO AS BEING OPPOSED BY THE CITY OF CORPUS CHRISTI; DESIGNATING THE COUNTY OF NUECES, ITS COMMISSIONERS COURT AND REPRESENTATIVE OF SUCH BODY AS THE OFFICIAL REPRESENTATIVE OF THE CITY TO REQUEST A HEARING OF THE ATOMIC ENERGY COMMISSION ON TiE MATTER AND TO REPRESENT THE CITY OF CORPUS CHRISTI AT SUCH HEARING; AND DECLARING AN EMERGENCY. The Charter rule was suspended by..the following vote: Farrell D. Smith,. • Aye W. J. Roberts Aye B. E. Bigler... Aye Manuel P. Maldonado Aye Charlie J. Aills ". Aye Arthur R. James`, Aye .Odell Ingle Aye 75 The above ordinance was passed by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye Mayor Smith invited anyone with petitions or information from the audience on matters not scheduled on the agenda to come forward and be heard. Mr. Gary Steen, representing the.P.T.A. of Frazer Elementary School, asked what he could report to the P. T. A. meeting this evening on their request of last week with regard to drainage and sidewalks on Airline & McAr in the vicinity of the school. The Council informed Mr. Steen that the City Manager was working with the Director of Public Works on the problem and will contact the school people with an affirmative approach to see what can be done within its budgeted means. Mrs. W. Armstrong Price, Chairman'of the Park & Recreation Board, stated that she was very happy with reference to Ordinance No. 5216 just passed and approved, that the Council had selected January 17, 1959, a Saturday, for the election on the question of the issuance of Memorial Coliseum Air Conditioning Bonds, since this would give a far greater number of citizens the opportunity to vote. Mayor Smith declared a 5 -minute recess. Mayor Smith called the meeting to order and announced the Council would next hold the scheduled public hearing relating to the request of Southwestern Bell Telephone Company for an increase in telephone rates, and intro- duced Mr. James M. Honker. Mr. James M. Honaker, Rate Consultant employed by the City for the purpose of this telephone rate appli- cation, presented for the record and summarized his 32 -page report on his study of the matter, and his 16 -page memo- randum on 4 of the issues involved, namely, Directory Advertising, Depreciation Expense, Federal Income Taxes, and License Contract and Western Electric Company Earnings. Mr. F. Mark Carlinghouse, General Attorney from St. Louis office of Southwestern Bell Telephone Company, itd;-r(_. cross-examined Mr. Honaker a4� s education, training and experience in the field of public utilities and called upon the following persons to speak in support of the company's request for an increase in telephone rates and the methods by which the company arrived at the requested rates: Dr. Dick Johnson, Head of Economic Department of Southern Methodist University, with relation to a fair rate of return. Due to the lateness of the hour, Mayor Smith declared a recess in the hearing until 8:30 a.m., Thursday, cember 18, 1958. RECESSED MEETING OF THE REGULAR COUNCIL MEETING December 18, 1958 9:00 A.M. The recessed meeting was called to order by Mayor Smith at 9:00 a.m., and the public hearing on the re- uest of Southwestern Bell Telephone Company for an increase in'telephone rates reconvened with all members of the ity Council in attendance, and the City Manager, City Attorney and City Secretary. Mr. Ben Blanton, Cost Engineer, and Mr. Henry Perry, Chief Accountant, testified under questioning of Mr. linghouse as to cost of capital, earnings, profit and loss, Federal income tax, license contract allowance and de- reciation allowance. Mr. Ed Gossett, General Attorney for the Company, presented and read a document entitled "Motion of Appli- nt for Authority tolplace in Effect an Emergency Increase in Telephone Rates". (On File in the City Secretary's face) Mr. Stanton Bell, Local Manager of the Corpus Christi Exchange, and Mr. Matt Williams, of the Dallas ffice, spoke in support of the amounts asked for' in the rate application. Mr. Ray Hostutler, local realtor, spoke in favor of the rate increase on the basis of encouraging industry f every Nature in Corpus Christi, 16 Motion by Roberts, seconded by Ingle and passed that the hearing be closed and the application taken under advisement. There being no further business to come before the recessed meeting, the meeting was adjourned. PRESENT: Mayor Farrell D. Smith Commissioners: W. J. Roberts B. E. Bigler Manuel P. Maldonado Charlie J. Aills Arthur R. James Odell Ingle be approved. REGULAR COUNCIL MEETING December 23, 1958 2:00 P. M. Mayor Farrell D. Smith called the meeting to order. City Manager Herbert W. Whitney City Attorney I. M. Singer City Secretary T. Ray Kring The Invocation was given by Commissioner Arthur R. James in the absence of the invited Chaplain. City Secretary Kring called the roll of those in attendance. Motion by Maldonado, seconded by James and passed that the minutes of the regular meeting of December 17 Mayor Smith announced the opening of bids. Bids were opened and read on Portable Floor Risers for the Memorial Coliseum from the following: Safeway Steel Products Yenger Music Equipment John Yochem Co. Motion by James, seconded by Maldonado and passed that the foregoing bids be tabled for 48 hours as re- quired by the City Charters and referred to the City Manager for tabulation. Mayor Smith announced the Council would next hold the public hearing relating to a request of the owner - developer, Jack Ryan, to change the name of Yawl Place to Gulf Shore Place. There was no opposition to the request. Motion by Bigler, seconded by James and passed that the hearing be closed and that the foregoing request be authorized. Mayor Smith announced the Council would next hear the City Manager's Reports. Motion by Bigler, seconded by James and passed that the request of the architects, Donnelly & Whittet, for payment of an engineering fee for the design of the Terminal Building of the New Municipal Airport in the amoun of $8,032.50 be authorized. Motion by James, seconded by Roberts and passed that an extension of the contract time of 11 days for completion of the Westside Sewage Treatment Plant due to time lost on account of weather conditions be granted to Bur -Tex Constructors, Inc., establishing July 10, 1959, as the project completion date. Motion by Ingle, seconded by James and passed that authority to receive bids on 5 Dump Ridies, complete with hoist, on January 7, 1959, be granted. Motion by Bigler, seconded by Aills and passed that the award for a Patrol Boat be made to Pugh's Yacht Service on the basis of their bid in the sum of $4,500.00. The recommendation to purchase the boat from Pugh's Yacht Service ratherthan from Jess Edwards on their apparent low bid of $3,790.00, was based on: (1) did not meet specifications and (2) the advantages of a steel hull boat rather than a wood hull. (See Bid Tabulation #74 in File) Motion by Ingle, seconded by Maldonado and passed that the award on Traffic Signals, Controllers and Equipment be made to the following firms on the basis of low bid meeting specifications: Eagle Signal Corporation for Items 1, 2 & 3, price $5,297.00; Nunn Electric Supply Corp. for Item 4, price $2,330.00; Westinghouse Electric Supply Co. for Items 5,'7 & 8, price $650.65; Graybar Electric Company for Item 6, price $377.95; for a total sum of $8,655.59. (See Bid Tabulation #75 in File.) Motion by Maldonado, seconded by Roberts and passed that the recommendation of Public Works Department that construction on various streets in Annexed Area, Reworking Base and Surfacing, (Project No. 1-54-23), be 77 accepted and that final payment of $12,357.58 be approved. Motion by Ingle, seconded by Roberts and passed that the recommendation of the Technical Committee, con- curring with the recommendation of Harrington & Cortelyou, Consulting Engineers, be accepted, and that the City Council of the City of Corpus Christi recommend to the U. S. Corps of Engineers, the award of a contract on Unit IV, Railroad Track for the North Approach of the Bridge over the Tule Lake Channel to Wm. A. Smith and Company in the amount of $58,849.00. ORDINANCE NO. 5219 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 N0. 2266 PASSED AND APPROVED ON THE 4TH DAY OF MAY, 1948, APPEARING OF RECORD IN VOLUME 16, PAGES 339 ET SEQ OF THE ORDINANCE AND RESOLUTION RECORDS, AND AS AMENDED BY ORDINANCE NO. 4846, ADOPTED ON THE 21ST DAY OF AUGUST, 1957, APPEARING OF RECORD IN VOLUME 26, PAGES 385 ET SEQ OF THE ORDINANCE AND RESOLUTION RECORDS, BY AMENDING THE ZONING MAP BY CHANGING THE ZONING CLASSIFICATION OF A PORTION OF LOT 7, IN SECTION 4, BOHEMIAN COLONY LANDS, LOCATED ON THE SOUTHEAST CORNER OF LEXINGTON BOULEVARD AND RABBIT RUN ROAD, FRONTING 1,067 FEET ON LEXINGTON BOULEVARD AND 1,165 FEET ON RABBIT RUN ROAD BEING 30 ACRES OF LAND ALL SITUATED WITHIN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "B-1" NEIGHBORHOOD BUSINESS DISTRICT AND "R-1" ONE -FAMILY DWELLING DISTRICT TO "L -I" LIGHT INDUSTRIAL 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 by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye ORDINANCE NO. 5220 APPROPRIATING FROM NO. 220 STREET BOND IMPROVEMENT FUND THE SUM OF $9,250.00 OF WHICH $6,250.00 IS FOR THE PURCHASE OF RIGHT-OF-WAY FOR BRAWNER STREET CONNECTION, RAMSEY TO HORNE ROAD, PROJECT NO. 1-53-22.1, AND $3,000.00 IS FOR RIGHT-OF-WAY REQUIRED TO EXTEND MCARDLE STREET FROM EASTER TO AYERS, PROJECT NO. 1-53-22.2, STREET CONNECTIONS; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye ORDINANCE NO. 5221 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A CONTRACT AND LEASE AGREEMENT'CONSMUTING A MONTHLY USE PRIVILEGE OF A PUBLIC FACILITY WITH MRS. MARGARET J. BABB, A WIDOW, LEASING TO THE SAID MRS. MARGARET J. BABB ALL OF LOT 10, BLOCK 93, BEACH ADDITION TO THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FOR AND IN CONSIDERA- TION OF THE TERMS AND CONDITIONS SET FORTH IN THE PRESENT CONTRACT AND LEASE AGREEMENT IN ALL THINGS THEREIN CONTINUED IN FULL FORCE AND EFFECT, AND SAID EXTENSION PERIOD SHALL BE FOR A PERIOD OF ONE (1) YEAR BEGINNING DECEMBER 1, 1958; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Cha lie J. Aills Arthur R. James Aye Aye Odell Ingle Aye 78 The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye ORDINANCE N0. 5222 BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, CALLING AN ELECTION ON THE QUESTION OF THE ISSUANCE OF MEMORIAL COLISEUM AIR CONDITIONING BONDS IN THE AMOUNT OF $300,000.00; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye ORDINANCE NO. 5223 RECEIVING AND ACCEPTING THE CONSTRUCTION ON VARIOUS STREETS IN THE ANNEXED AREA, PROJECT NO. 1-54-23, PERFORMED BY TROY GRANT, CONTRACTOR, -UNDER HIS CONTRACT WITH THE CITY DATED JULY 16, 1958, AS AUTHORIZED BY ORDINANCE NO. 5095; AUTHORIZING PAYMENT OF FINAL ESTIMATE NO. 6, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, DATED DECEMBER 19, 1958, IN THE BOND IMPROVEMENT FUNDS, PREVIOUSLY APPROPRIATED; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye The foregoing ordinance was passed by the following vote:._ Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye Mayor Smith invited anyone with petitions or information from the audience on matters not scheduled on the agenda to come forward and be heard. Mr. C. C. Cosgrove, living at 2625 Riggan Street, appeared with reference to the hazard of caliche pits, citing to the Council three lives had been lost in this particular pit near Horne Road, and requested immediate attention be given to the matter. Mr. Cosgrove stated that he would be willing to donate the first 50 loads of dirt with which to fill the pit. Mayor Smith stated that action had been taken this date to ascertain the effectiveness of the ordinance now in existence with reference to excavations and whether by proper enforcement the desired results can be obta in preventing the loss of lives. Motion by Roberts, seconded by James and passed that the meeting be adjourned. /9 PRESENT: Mayor Farrell D. Smith Commissioners: W. J. Roberts B. E. Bigler Manuel P. Maldonado Charlie J. Aills Arthur R. James Odell Ingle approved. REGULAR COUNCIL MEETING December 30, 1958 2:00 P. M. City Manager Herbert W. Whitney City Attorney I. M. Singer City Secretary T. Ray Kring Mayor Farrell D. Smith called the meeting to order. The Invocation was given by Reverend F. Jack Edwards, of Windsor Park Baptist Church. City Secretary T. Ray Kring called the roll of those in attendance. Motion by Ingle, seconded by James and passed that the minutes of the regular meeting of December 23 be Mayor Smith announced the opening of bids. Bids were opened and read on one 10" x 14" Offset Duplicating Machine, complete with attachments, from the following: Davidson Sales & Service Co. A. B. Dick Products Co. Photostat Corporation Addressograph-Multigraph Corp. Motion by Bigler, seconded by Roberts and passed that the foregoing bid be tabled for 48 hours as re- quired by the City Charter, and referred to the City Manager for tabulation. Bids were opened and read on 30 items of Brass Service Fittings from the following: Ford Meter Box Co. C.C. Hardware Co. The Farnam Brass Works Municipal Pipe & Fabricating Co. Norvell-Wilder Supply Co. The Rohan Co., Inc. SAMSCO Viking Supply Corp. Wallace Co., Inc. Alamo Iron Works Crane Co. Motion by Roberts, seconded by Maldonado and passed that the foregoing bids be tabled for 48 hours as required by the City Charter, and referred to the City Manager for tabulation. Bids were opened and read on 18 items of Pipe Repair Sleeves & Couplings from the following: Dresser Manufacturing Co. The Rohan Co., Inc. Motion by Roberts, seconded by James and passed that the foregoing bids be tabled for 48 hours as requir ed by the City Charter, and referred to the City Manager for tabulation. Mayor Smith announced the Basic findings of the Council with reference to their intensive study of the increased rate request of the Southwestern Bell Telephone Co. to the effect that if the telephone company were per- mitted to a $228,000.00 increase in earnings, instead of the approximately $1,500,000.00 increase, the company would be receiving a fair rate of return on its investment, and that it was the Council's conclusion that this could be accomplished by raising the coin tilephone rate from 5t to lft, which would realise approximately $110,000.00 of the increase and the remainder would be received from miscellaneous items such as new installations and extensions, and that in order to accomplish the result of a fair return based on a fair value of the company's investment, there was no necessity for an increase in the residential or business rates. Mayor Smith announced the Council would next hear the City Manager's Reports. Motion by Ingle, seconded by Maldonado and passed that the City Manager be authorized to advertise for bids to be received on January 14 on 4,000' of 2k" double, jacket, rubber lined Fire Hose, in 50' lengths. Motion by Ingle, seconded by Roberts and passed that the award of bid on Portable Floor Risers for the Memorial Coliseum be made to John H. Yokem Co. for a total of $21,871.05. (See Bid Tabulation #76 in File.) 80 Motion by Ingle, seconded by Aills and passed that the City Manager be authorized to advertise for bids to be received on January 14 on 4 items of C.I. M.J. 30" Gate Valve & Fittings. Motion by Ingle, seconded by Bigler and passed that the date of Tuesday, January 20, 1959, during a special meeting, be set for public hearing on 5 zoning applications and 1 application for a special Council Permit. ORDINANCE NO. 5224 APPROPRIATING $7,511.66 FROM VARIOUS BOND FUNDS FOR EXPENSES IN CONNECTION WITH THE SALE OF $3,500,000.00 GENERAL IMPROVEMENT BONDS ON NOVEMBER 12, 1958; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur -R. James Aye Odell Ingle Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith W. J. Roberts B. E. Bigler Manuel P. Maldonado Charlie J. Aills Arthur R. James Odell Ingle Aye Aye Aye Aye Aye Aye Aye ORDINANCE NO. 5225 AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A CONTRACT TO PURCHASE THE SOUTHWEST 30 FEET OF THE FIVE ACRE TRACT DESCRIBED IN DEED DATED JULY 22, 1954, OF RECORD IN VOLUME. 648, AT PAGE 83 OF THE DEED RECORDS OF NUECES COUNTY, TEXAS, FOR $3,000.00 APPROPRIATED BY ORDINANCE NO. 5220, ON DECEMBER 23, 1958; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle - Aye Mayor Smith read a petition which had been received from the North.Beach Women's Club urging the third & final reading and the adoption of the proposed ordinance re Housing Standards Code. (See Petition #25 in File.)z Mayor Smith stated that the Council was in the process of studying this matter for the purpose of having t'I the final reading of the ordinance very soon. Mayor Smith invited anyone in the audience with petitions or information for the Council on matters not scheduled on the agenda to come forward and be heard. William, Bonilla, representing a group of people living in and around the intersection of Rabbit Road and Harriett Street, residents of Chula Vista Addition, John Jones Addition, Gollihar Park Addition, Prescott Village Addition, and Inwood Village Addition, read a petition of 134 signatures requesting that the caliche pit located near the intersection of Rabbit Run and Harriet Streets be filled and levelled for the protection of their children, that in the future no caliche pits or similar "attractive hazards" be per to be created or erected within the city limits, and that present City ordinances in reference to this particular matter be strictly enforced. (See Petition #26 in File.) Mr. Bonilla stated that after the petitions had been circulated and signed, investigation brought out that the caliche pit is not owned by the City, and that the pits referred to were made at some time be- fore the area was brought into the City Limits, therefore the only valid part of the petition at this time was the request that present City ordinances with reference to this particular matter be strictly enforced. Mr. Bonilla, in answer to Mayor Smith's request, agreed to serve on a Committee to be appointed, to satis fy itself that this probram was being accomplished as the ordinance intended it should be, and Mr. Harry Hoag, who was present in the audience, also agreed to serve on this Committee. Mrs. Cecilia Blankert, 453 Eldon Drive, asked the Council what action, if any, it was going to take on the petition presented to it with regard to providing an extension to Sharon Drive. (Petition #24 in File.) During a discussion in which Mayor Smith pointed out that several of the property owners involved have re fused to sign easements which would permit this accomplishment, Mrs. Blankert stated that she could see no justifica tion for allowing two property owners to block the development of 10 acres of land, that if Mr. Ryan was allowed to develop his subdivision adjoining the land referred to in the manner in which his plat has been approved, it would make another Gardendale out of this 10 acres of land, that the property owners who had gone to the Zoning & Planning Commission meeting to protest approval of Mr. Ryan's plat had been considered and approved in a closed meeting, and that she felt it was a question of whether Mr. Ryan had another row of houses, or the several property owners got a street. She further asked if it would be possible for the property owners who were willing to donate the easement t have Sharon Drive extended for approximately 1k blocks. It was pointed out that since Mr. Ryan's plat had been submitted and approved, and very probably filed for record, it was no longer under the jurisdiction of the City Council, and was probably now a personal legal prob Motion by Bigler, seconded by Iig le and passed that the meeting be adjourned. PRESENT: Mayor Farrell D. Smith Commissioners: _ W. J. Roberts B. E. Bigler Manuel P. Maldonado Charlie J. Aills Arthur R. James Odell Ingle * * * * * * * * * * REGULAR COUNCIL MEETING January 7, 1959 2:00 P. M. City Manager Herbert W. Whitney City Attorney I. M. Singer City Secretary T. Ray Kring Mayor Farrell D. Smith called the meeting to order. The Invocation was given by Commissioner Odell Ingle due to the abence of the invited Guest Chaplain. City Secretary Kring called the roll of those in attendance. Motion by Roberts, seconded by Maldonado and passed that the minutes of the regular meeting of December 30, 1958, be approved. Mayor Smith announced the opening of bids. Bids were opened and read on 15,000' of 6" and 4,000' of 8" Cast Iron and/or Asbestos Cement Pipe from the following: American Cast Iron Pipe Co. James B. Clow & Sons Johns-Mansville Co. Lone Star Steel Co. McAllen Pipe & Supply Co. SAMSCO U:. _ _S .:: P ipe & Foundry Co. Motion by Maldonado, seconded by James and passed that the foregoing bids be tabled for 48 hours as requir- ed by the City Charter, and referred to the City Manager for tabulation. Bids were opened and read on five 3 to 4 cu. yd. Dump Bodies, complete and installed, from the following: Commercial Body Corp. Hobbs Trailer 9 So. Texas Truck Equipment Co., Inc. Truckers Equipment, Inc. Motion by Bigler, seconded by Aills and passed that the foregoing bids be tabled for 48 hours as required the City Charter, and referred to the City Manager for tabulation. Mayor Smith announced the Council wished to take action on a pending item of the application of 0. S. Wyatt . and A. D. Campbell for a change of zoning from 11R-1" One -Family Dwelling District to "B-3" Secondary Business Dis- rict on the south part of the west half of Lot 3, and all of Lots 4, 5 and 6 (Lot 6 also known as Campbell Subdivisi block 2, Alameda Estates, located at the northeast corner of Alameda Street and Robert Drive, on which a public hearing was held 10/27/58. Motion by Bigler, seconded by Maldonado and passed, with Mayor Smith and Mayor Pro -tem Roberts voting "Nay", that, subject to a 2 -year limitation for the beginning of construction, that area of the northeast corner being 170' x 175.081, having its extended line of 170' coinciding with and part of the said extended line of the tractGas shown on the plan of Alameda Center, dated Jan. 5, 1959, on file in the Office of the City Secretary, be changed from "R-1" One -Family Dwelling District to "B-3" Secondary Business District and to be deed restricted to except a bowling alley and its related uses, forbid the uses broader than 11B-111''luses,/and the remainder of the said tract be changed from "R-1" One -Family Dwell- - ing District to "B-1" Neighborhood Business District. Mayor Smith stated that he had voted "Nay" for the reasons that he feels the area involved has reached a saturation point for businesses, that he feels it would be regional in area despite zoning textbook standards, and because of the possibility of deterioration of other properties in the business area due to lower income and vacan- cies. Mayor Smith announced the Council would next hear the City Manager's Reports. Motion by Ingle, seconded by Roberts and passed that the construction of Water Distribution Mains on Lawnview, Ayers to Minnesota, Project No. 7-53-19, be accepted, and final payment in the amount of $6,525.25 be made to Heldenfels Brothers, contractor. Motion by Maldonado, seconded by Roberts and passed that the plans and specifications for approximately 4,125' of Storm Sewer Construction along Airline Road, from the Bay to Belmeade Drive, be approved, and the City Manager be authorized to advertise for bids to be received on January 28. Motion by Bigler, seconded by James and passed that the award of bid for one Duplicating Machine, com- plete with accessories, be deferred till next weeks meeting. Motion by James, seconded by Bigler and passed,that the award for 17 items of Pipe Repair Sleeves and Couplings be made to Dresser Manufacturing Division in the amount of $11,456.44, and for four 4" Long Steel Coupl- ings for Steel Pipe be made to The Rohan Co., Inc. in the amount of $42.18. (See Bid Tabulation #1 in File.)• Motion by James, seconded by Bigler and passed that the City Manager be authorized to advertise for bids to be received on January 21 on an estimated 6 -months' supply of Street Materials, consisting of various types of Asphalt, Mudshell and Caliche. Motion by Bigler, seconded by Aills and passed that the City Manager be authorized to advertise for bids to be received on January 21 on an estimated 6 -months' supply of Reinforced Concrete Pipe, consisting of 10,900' of 1211, 15" and 18" pipe. Motion by Bigler, seconded by Maldonado and passed that the City Manager be authorized to advertise for bids to be received on January 21 on Blueprint Service for a 5 -month period, consisting of Direct Prints, Blueprint4I, Blue Lines Film Negatives and Positives, Vellum Positives, Sepias, Van Dykes,. Cloth Blue Lines, Autopositives and various sizes of Photostats. Motion by Maldonado, seconded by Aills and passed that the City Manager be authotized to advertise for bids to be received on January 21 on Fuel Requirements for a 3 -month period beginning February 1, consisting of Regular Gasoline, Premium Gasoline, Kerosene and Diesel Fuel. Motion by Bigler, seconded by Maldonado and passed that Bur -Tex Constructors Inc. be granted 21 days extension of the completion time for Westside Sewer Trunk:Line, due to rains and inclement weather conditions duri November and December, 1958. Motion by Ingle, seconded by Bigler and passed that Slovak Brothers'be granted 13 days extension of completion time for Alameda Storm Sewer and 11 days for Oso Storm Sewer, Gollihar, McArdle, Everhart Areas, due to excessive rains during November and December, 1958. Motion by Bigler, seconded by James and passed that W. A. Dorris be granted 21 days extension of com- pletion time for installation of Water Lines in the Gardendale Area, due to excessive rains during November and December, 1958. Motion by Ingle, seconded by Bigler and passed that International Harvester Co., Truck Division, be granted 60 days extension time for delivery of 19 units of automotive equipment, due to a strike at the factory. 0 Motion by Bigler, seconded by Roberts and passed that the plans and specifications for Runway and Taxiway Lighting, Terminal Building, Control Tower, C.A.A. and operations Building and portions of Utilities be approved, the City Manager be authorized to advertise for bids to be received on January 28, 1959, at 4:00 p. m. ORDINANCE NO. 5226 RECEIVING AND ACCEPTING THE WORK OF CONSTRUCTION OF WATER DISTRIBUTION MAINS ON LAWNVIEW, AYERS TO MINNESOTA, PROJECT NO. 7-53-19, PERFORMED BY HELDENFELS BROTHERS, CONTRACTORS, UNDER THEIR CONTRACT WITH THE CITY DATED JULY 14, 1958, AS AUTHORIZED BY ORDINANCE NO. 5083; AUTHORIZING PAYMENT OF FINAL ESTIMATE NO. 4, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, DATED JANUARY 5, 1959, IN THE AMOUNT OF $6,525.25, WITH PAYMENT FROM NO. 202 WATER BOND OON- STRUCTION FUNDS, PREVIOUSLY APPROPRIATED; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye W. J. Roberts- Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R..James Aye Odell Ingle Aye ORDINANCE NO. 5227 rl AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A CONTRACT TO PURCHASE AND COMPLETE THE ACQUISITION OF LOT 8, BLOCK 2 OF THE BRAYTON ADDITION TO BE USED FOR THE EXTENSION OF AGNES STREET, PROJECT 1-53-18.1; APPROPRIATING THE SUM OF $7,000.00 FOR LOT 8, OUT OF BOND FUND NO. 220; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye ORDINANCE NO. 5228 AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE AN AGREEMENT BETWEEN THE CITY AND THE MISSOURI PACIFIC RAILROAD COMPANY FOR THE REMOVAL OF MISSOURI PACIFIC'S ALAMEDA STREET TRACK WITH COST OF REMOVAL AND RESPONSIBILITY THEREFOR TO BE BORNE BY THE CITY, A COPY OF WHICH AGREEMENT IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farr6ll D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye • ORDINANCE NO. 5229 AN ORDINANCE PROVIDING FOR NOTICE AND PROCEDURE FOR FILING CLAIMS AGAINST THE CITY OF CORPUS CHRISTI, TEXAS AND LIMITING THE CITY'S LIABILITY, IN ACCIDENTS CAUSED BY DEFECTS AND OBSTRUCTIONS IN OR ON STREETS AND SIDEWALKS OR ANYTHING ELSE; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith W. J. Roberts B. E. Bigler Manuel P. Maldonado Charlie J. Aills Arthur R. James Odell Ingle Aye Aye Aye Aye Aye Aye Aye ORDINANCE NO. 5230 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. 2266 PASSED AND APPROVED ON THE 4TH DAY OF MAY, 1948, APPEARING OF RECORD IN VOLUME 16, PAGES 339 ET SEQ OF THE ORDINANCE AND RESOLUTION RECORDS, AND AS AMENDED BY ORDINANCE NO.. 4846 ADOPTED ON THE 21ST DAY OF AUGUST, 1957, APPEARING OF RECORD IN VOLUME 26, PAGES 385 ET SEQ OF THE ORDINANCE AND RESOLUTION RECORDS BY AMENDING THE ZONING MAP BY CHANGING THE ZONING OF BLOCKS A AND B, OF CULLEN PLACE, AS APPEARS OF RECORD IN VOLUME 22, PAGE 4, MAP RECORDS, NUECES COUNTY, TEXAS, FROM "R-1" ONE - FAMILY DWELLING DISTRICT TO "B-1" NEIGHBORHOOD BUSINESS DISTRICT; KEEPING INEFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HERE- WITH; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye Mayor Smith invited anyone in the audience with petitions or information for the Council on matters not scheduled on the agenda to come forward and be heard. Mr. William Prewitt stated that the construction of the Armory is nearing completion and requested con- veyance by the City of the additional 3 acres of land which he stated was now needed for for construction of a con- crete area in connection with their garage facilities. It was suggested that the 3 acres be determined and so designated as soon as possible, but that actual conveyance of the land be deferred to conform to the general Airport plan and the orderly abandonment of the facilities. Motion by Bigler, seconded.by James and passed that the meeting .be adjourned. THE STATE OF TEXAS COUNTY OF NUECES . CITY OF CORPUS CHRISTI NOTICE OF SPECIAL MEETING TO THE MEMBERS OF THE CITY COUNCIL, THE CITY MANAGER, THE CITY SECRETARY AND THE CITY ATTORNEY TO THE CITY OF CORPUS CHRISTI, TEXAS: NOTICE is hereby given that a special meeting of the City Council of the City of Corpus Christi, Texas, will be held in the City of Corpus Christi, Texas, in the Council Chamber of the City Hall, at 2:00 oltlock, P. N., N%O on the 12 day of January, 1959, for the purpose of taking joint action with Nueces County Commissioners' in the appointment of Commissioners of the Navigation District for the ensuing two years, and such other matters as may properly come before the Council. DATED this the 12 day of January, 1959. Ls/ Farrell D. Smith FARRELL D. SMITH, Mayor City of Corpus Christi, Texas CONSENT TO MEETING We, the undersigned members of the City Council, the City Manager, the City Secretary and the City Attorney of Corpus Chbisti, Texas, hereby accept service and consent and agree that said meeting shall be at the time and place therein named and for the purpose therein stated. /s/ W. J. Roberts W. J. ROBERTS Is/ B. E. Bigler B. E. BIGLER /s/ Manuel P. Maldonado MANUEL P. MALDONADO /s/ Herbert W. Whitney HERBERT W. WHITNEY City Manager PRESENT: CHARLIE J. AILLS Ls/ Arthur R. James ARTHUR R. JAMES /s/ Odell Ingle ODELL INGLE /s/ 2. M. Singer I. M. SINGER City Attorney /s/ T. Ray Kring T. RAY KRING City Secretary JOINT MEETING OF CITY COUNCIL AND NUECES COUNTY COMMISSIONERS' COURT January 12, 1959 2:00 P. M. Mayor Farrell D. Smith Commissioners: W. J. Roberts B. E. Bigler Manuel P. Maldonado Arthur R. James Odell Ingle City Manager Herbert W. Whitney City Attorney I. M. Singer City Secretary T. Ray Kring County Judge Noah Kennedy Commissioners: William E. McKenzie John J. Sablatura Ben A. Bennett Robert N. Barnes Navigation Dist. Atty. Harvey Weil Mayor Farrell D. Smith called the meeting to order. Mayor Smith announced the purpose of the Joint Meeting was to consider the matter of filling the vacan- cies on the Navigation District Commission. Motion bias made by County Commissioner Barnes, seconded by City Commissioner James and passed that Robert E. Sallee, Richard King, and Arthur Eggleston be re -appointed as Commissioners of Nueces County Navigation District, effective January 2, 1959, to serve for two years, or until their successors are appointed and qualified. There being no further business to come before the meeting, the Joint Meeting was adjourned. I, Farrell D. Smith, Mayor of the City of Corpus Christi, Texas, certify that the foregoing minutes same being for the period of November 26, 1958 through January 12, 1959, inclusive, and having been previously approved by Council action, are by me hereby approved. PRESENT: Mayor Farrell D. Smith Commissioners: W. J. Roberts B. E. Bigler Manuel P. Maldonado Charlie J. Aills Arthur R. James Odell Ingle FARRELL D. SMITH, Mayor City of Corpus Christi, Texas REGULAR COUNCIL MEETING January 14, 1959 2:00 P. M. City Manager Herbert W. Whitney City Attorney I. M. Singer City Secretary T. Ray Kring Mayor Farrell D. Smith called the meeting to order. The Invocation was given by Reverend George Lewis, Associate Pastor of First Methodist Church. City Secretary Kring called the roll of those in attendance. Motion by Maldonado, seconded by James and passed that the minutes of the regular meeting of January 7 be approved. Mayor Smith announced the opening of bids.\ Bids were opened and read on 4,000' of rubber lined Fire Hose in 50' lengths from the followiAg: Allied Safety Equipment Inc. Eureka Fire.Hose Goodall Wbea' Co. Norvell-Wilder SAMSCO ' Southwest Equipment & Ext. Co. Gulf Supply Co. Alamo Iron Works Motion by Bigler, seconded by James and passed that the foregoing bids be tabled for 48 hours as required by the City Charter, and referred to the City Manager for tabulation. Bids were opened and read on 30" C.I. M.J. Gate Valve & Fittings from the following: American C.I. Pipe Co. Darling Valve & Mfg. Co. Eddy Valve Co. Iowa Valve Co. Municipal Pipe & Fabricating Co. Norvell-Wilder The Rohan Co., Inc. SAMSCO United States Pipe & Foundry Viking Supply Co. Motion by Ingle, seconded by Roberts and passed that th4 foregoing bids be tabled for 48 hours as required by the City Charter, and referred to the City Manager for tabulation. Mayor Smith announced the following appointments to Boards and Committees: Examining & Supervising Board of Plumbers: Francis V. Mansheim City Solicitations Commission: Jack English Board of Health• John Chapman, Jr. W. J. Tiller Dr. Helen Woods Motion by Ingle, seconded by Roberts and passed that the foregoing appointments be confirmed and approved. Mayor Smith announced the Council would next hear the City Manager's reports. Motion by Maldonado, seconded by James and passed that the award of Cast Iron and/or Asbestos Cement pipe be made as follows: To American Cast Iron Pipe Co. for 15,000' of 6" Class 150 Cast Iron Pipe for a total of $25,650.00; To McAllen Pipe & Supply Co. for 4,000' of 8" Class 150 Asbestos Cement Pipe for a total of $8,448.40. (See Bid Tabulation #2 in File.) Motion by James, seconded by Bigler and passed that the award of bid for five 3-4 cu.yd. Dump Bodies, com- plete and installed, be made to Hobb's Trailers for a total of $3,460.00. (See Bid Tabulation #3 in File.) Motion by Ingle, seconded by James and passed that the purchase award of 3 - 211, 3 - 3", and 1 - 4" compou Water Meters with Flange Connections, and 3 - 2" T-6 Water Meters on bid option be made to the Rockwell Manufactur- ing Co. for a total of $3,534.00. (See Bid Tabulation #4 in File.) Motion by Ingle, seconded by Roberts and passed that the award of bid for 1 Duplicating Machine, complete with accessories, be made to A. B. Dick Products Co. for $2,547.02. (See Bid Tabulation #5 in File.) Motion by Roberts, seconded by Bigler and passed that the award of bid for 30 items of Brass Service Fitt- ings be made to the following: To C. C. Hardware Co. for 11 items totaling'$3,078.87; To Crane Company for 1 item totaling $139.36; To The Farnan Brass Works Co. for 9 items totaling $3,289.76; To Rohan Co., Inc. for 1 item totaling $73.50: _ __ • To Viking Supply Co. for 1 item totaling $445.90; and To Wallace Company, Inc. for 7 items totaling $5,232.52; for a grand total of $12,259.91. (See Bid Tabulation #6 in File.) Motion by Bigler, seconded by Roberts and passed that the City Manager be authorized to advertise for bids to be received on January 28 on 9 items of Radio Equipment. Motion by Roberts, seconded by James and passed that the City Manager be authorized to advertise for bids to be received on January 28 on 40 tons Commercial Fertilizer and 5k tons Aimonia Sulfate. Motion by Roberts, seconded by Aills and passed that the City'Manager be authorized to advertise for bids to be received on January 28 on labor and materials necessary to light the Baseball Field in Evelyn Price Park. Motion by Ingle, seconded by Bigler and passed that the Tax Error & Correction List and Supplemental Tax Rol for December, 1958, be approved. Motion by Bigler, seconded by Aills and passed that the date of Tuesday, February 10, 1959, during a special meeting convening at 2:00 o'clock, p. m., be set for a public hearing on two zoning applications and 1 application for Special Council Permit. Motion by Bigler, seconded by Aills and passed that the revised plans and specifications for improvements in the 300 and 400 blocks on Lower Broadway, which provide for widening of the street, 5 feet with necessary retaining wall, curb and gutter etc., be approved, and the City Manager be authorized to advertise for bids to be received on January 28. Motion by Bigler, seconded by James and passed that the plans and specifications for installation of Water Mains along North Alameda Street between West Broadway and Harbor Drive be approved, and the City Manager be author- ized to advertise for bids to be received on January 28 which are to include an alternate providing for the use of cement asbestos pipe in place of the cast iron pipe. Motion by Ingle, seconded by James and passed that the City accept the assignment of liens as to 19 proper- ties on Lipan Street between Palm Drive and Highway #9, totaling $17, 854.12, on the basis of claim as homesteads, as follows; Joe J. Dreis, Lot 6, Resubdivision of Lot 7 of A. Barthlome Acre Tracts Addition . . . . Joe J. Dreis,the east 28' of Lot 7, Resubdivision of Lot 6 of A. Barthlome Acre Tracts Add. L. A. Felder, Lot 4, Resubdivision of Lot 6 of A. Barthlome Trgt�'Piddlton•.•.....•.•.•.• D. N. Wright, the east 10' of Lot 3 and all of Lot 2 of A. Barthlome Tracts Addition. Dr. C. P. Jasperson, 98.92' of the Peterson Tract . . . . . . . . . . . . . . . . . Owen Massey (W.C. Barnard), 143.95' of the Peterson Tract . . . . . . . . . . . . . . . . . R. Morgan, 146.80' of the Peterson Tract o . . . . . . . . . . . . . . . . . . . . . W. A. Saunders, 57' of the Peterson Tract o . . . . . . . ... . . . . . . . . . Joe W. Johnson, 164.5' of the Peterson Tract . . . . . . . . . . . . . . . . . . . . . . Rufus H. Turner & wife, Meador Turner, (Fern L. North), 94.69' of the Dunlap Tract . . . . Geo. Porcher, Lot 2, Block 1, Highland Estates . . . . . . . . . . . . . . . . . . . . . . L. G. Talbert, Lots 1 and 2, Block 2 of Highland Estates . . . . . . . . . . . . . . . . . W. M. Morgan, Lot 4 in Barr Keeler Addition . . . . . . . . . . . . . . . . . . . . . . . William and Helen Garnett Meyer, 145.84' in the Frederic Tract . . . . . . . . . . . . H. Thomas Cox, Lot 2 in Woodlawn Addition . . . . . . . . . . . . . . . . . . . . . . . Barbara J. Gray, widow, Lot 3 of Woodlawn Addition . . . . . . . . . . . . . . . . . . Dr. J. V. Blair, Lot 7 of Woodlawn Addition . . . . . . . . . . . . . . . . . . . . . . Nellie Blucher Derry, Lot 8 of Woodlawn Addition . . o. e . . . . . o.. . . . . . . . . . W. C. Ghormley, Lot 9 of Suburban Home Sites Addition . . . . . . . . . . . . . . . . . . . Mrs. M. F. Fortin, 90.1' of the E. R. Oliver Tract . . . . . . . . . . . . . . . . . . . . $525w45 271.25 1,027.53 . 1,131.61 874.68 1,194.37 1,308.29 502.13 1,405.63 816.49 415.74 1,036.05 863.53 1,583.11 1,126.27 1,021.69 538.17 231.91 988.57 991.65 Motion by Bigler, seconded by James and passed that the following be appointed Judge of their respect Boards to replace those previously appointed who were unable to serve in the January 17, 1959, City Election on the question of the issuing of bonds in the amount of $300,000.00 for Memorial Coliseum Air Conditioning: Precinct 7 - Mrs. Jack Barfield Precinct 14 - Mrs. D. W. Schoenfeld; Precinct 22 - Kenneth J. Cross; Precinct 31 - Olen R. Keith and that the Crossley School, 2512 Koepke Street, be designated as the polling place in Precinct No. 3 on account of the place previously designated not being available. ORDINANCE NO. 5231 APPROPRIATING$1,880.45 OUT OF THE NO. 230 BRIDGE REMOVAL AND RELOCATION BOND FUND TO REIMBURSE NO 220 STREET BOND IMPROVEMENT FUND FOR EXPENDITURES FOR MAKING TEST BORINGS AT THE SITE OF THE TULE LAKE LIFT BRIDGE, PROJECT NO. 1-53-17.2; AND DECLARING AN EMERGENCY. • N6 11 The Charter Rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye ORDINANCE NO. 5232 AMENDING ORDINANCES NUMBERS 1988 AND 2142 TO CHANGE PROPERTY DESCRIPTION FROM LOT 12, BLOCK 1, MUELY ADDITION TO LOT 12, BLOCK 1, WEISS ADDITION AND AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON'2BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE RELEASE OF SPECIAL ASSESSMENT AS FOLLOWS: IN THE AMOUNT OF THIRTY-ONE AND N0/100 ($31.00) DOLLARS, AGAINST THAT CERTAIN PROPERTY FRONTING 25 FEET ON THE EAST SIDE OF NINETEENTH STREET, DESCRIBED AS LOT 12, BLOCK 1, WEISS ADDITION, AND THE OWNER THEREOF, RAUL ORNELAS, A COPY OF WHICH RELEASE IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye ORDINANCE NO. 5233 APPROPRIATING THE SUM OF $578.10 FROM N0. 245 AIRPORT BOND IMPROVEMENT FUND AS REIMBURSEMENT TO HOUSTON NATURAL GAS CORPORATION FOR COSTS OF RELOCATION OF GAS MAIN TO NEW SITE OF WEST POINT CO-OP GIN, WHICH WAS NECESSARY TO THE AIRPORT LAND ACQUISITION PROGRAM; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote • • • - • • • Farrell D. Smith • • Aye • • • • • • • W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye The foregoing ordinance was passed by the following vote: Farrell D. -Smith Aye W. J. Roberts Aye • • • • • . • • " B. -E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye Mayor Smith acknowledged receipt of 2 petitions relating to the closing hour for all retail package liquor stores within the City limits. (See Petition #1 and #2 in File.) Mr. William Anderson, representing several store owners, requested that the Council have the first reading of a proposed ordinance requiring the closing of all retail package liquor stores at 9 p.m., and stated that since it was apparent that some owners had signed both the petition for such closing and the one against such closing, he would make a re -canvass to present a true picture. He stated that the 9 p.m. closing was in the public interest mainly due to the number of recent armed robberies of this type of store between the hours of 9 and 10 at night, after most other stores in the neighborhoods have closed. Mr. Ted Anderson, representing the store owners opposing the 9 p.m. closing, stated that this is a matter for the State Liquor Control Board and that the City Council to attempt to regulate in the matter would constitute AM • undue interference in private business and loss of business due to the fact that such stores outside the City limits would stay open. Mayor Smith stated that the Council's feeling was not to get government deeper into the affairs of people and businesses than was necessary for the public safety and welfare. Motion by Bigler, seconded by Aills and passed that the foregoing matter be taken under advisement. Mayor Smith acknowledged the receipt of a petition of the Corpus Christi Press Club stating their reasons for urging that the high bridge over the Port of Corpus Christi be officially named 'Lookout Bridge' and requesting that the Press Club be allowed to announce this name at the Gridiron Dinner on January,26, 1959. (See Petition #3 in File.) Motion by Bigler, seconded by James and passed that the foregoing petition be referred to the City Manager for consideration along with similar requests in regard to the naming of the aforementioned bridge. Mayor Smith acknowledged receipt of a petition of Union Barbers of Local #672 requesting that Ordinance No. 1124, the Barbers' Ordinance, be amended to substitute Memorial Day for Armistice Day in the list of holidays to be observed for closing, and to require that working hours on Saturdays and on any work day which precedes a holiday which falls on Saturday, be from 8 a.m. to 7 p.m., the same as regular work days. (See Petition #4 in File.) Mayor Smith stated that whereas the Council feels the substitution of Memorial Day for Armistice Day in the list of holidays to be observed is meritorious, that additional governmental regulation with respect to the opening and closing hours for a private industry is not a matter for Council action. Motion by Bigler; seconded by James and passed that the ordinance be amended to substitute Memorial Day for Armistice Day in the list of holidays to be observed, and that the rest of the petition be denied. Mayor Smith invited anyone with petitions or information for the Council on matters not scheduled on the agenda to come forward and be heard. No one appeared. There being no further business to come before the Council, motion by Bigler, seconded by Ingle and passed that the meeting be adjourned. PRESENT: Mayor Farrell D. Smith Commissioners: W. J. Roberts B. E. Bigler Manuel P. Maldonado Charlie J. Aills Arthur R. James Odell Ingle SPECIAL COUNCIL MEETING January 20, 1959 2:00 P. M. Acting City Manager I. M. Singer City Attorney I. M. Singer City Secretary T. Ray Kring Mayor Farrell D..Smith called the meeting to order. City Secretary Kring called the roll of those in attendance. Motion by James, seconded by Maldonado and passed that the absence of City Manager.Herbert W. Whitney be excused for attendance at a meeting with the Corps of Engineers in Galveston, Texas, and that.I. M. Singer be ap- pointed Acting City Manager in his absence. Motion by Ingle, seconded by Roberts and passed that the plans and specifications for Unit VI, of the Tule Lake Bridge Project, covering necessary grading for the Savage Lane Railroad Line and Interchange Yard south of the Bridge, be approved; and.the City Manager be authorized to advertise for bids to be received on February 3. Mayor Smith announced the Council would next hold the scheduled public hearings. First was the application of Mr. Herman Gutierrez for a Special Council Permit to operate a Private School on property described as Lot 7, Block 20, Meadow Park, being located at 402 Hiawatha Street. Mayor Smith read the recommendation.of the Zoning & Planning Commission that the application be approved. No one appeared either for or against this application. Motion by Ingle, seconded by James and passed that the hearing be closed and the application be approved. Next was the application of Roy Smith Homes, Inc. for a change of zoning from "A-4" Tourist Court District to 11B-1" Neighborhood Business District on a tract of land described as that tract of land out of Lot 1, Gnegy 00 T dition, fronting 150' on Lexington Boulevard by 150' deep, and being 5616 Lexington Boulevard, described by metes d bounds. Mayor Smith read the recommendation of the Zoning & Planning Commission for approval, subject to proper platting, as a logical extension of the 11B-1" zoning in this area. No one appeared either for or against the application. Motion by Roberts, seconded by Bigler and passed that the hearing be closed, and the application be granted. Next was the application of Hulen Hunt for a change of zoning from 11R-1" One -Family Dwelling District to "B-3" Secondary Business District on a tract of land described as a tract of land out of Lots 11 &.12, Section 18, Flour Bluff & Encinal Farm & Garden Tracts, fronting 1320' along the south side of Lexington Boulevard, and extend- ing to a depth of 310' and being generally that property located on the south side of Lexington midway between Rodd Field Road and Daly Drive, 9.39 acres more or less, described by metes and bounds. Mayor Smith read the recommendation of the Zoning & Planning Commission for denial on the basis that no apparent public need has been shown. Mr. Hulen Hunt appeared and stated that he contemplated a shopping center, and that the requested zoning was necessary in order to obtain the maximum F.H.A. appraisal of the area. Motion by Ingle, seconded by Maldonado and passed that the hearing be closed, and the application be taken under advisement. Next was the application of Perry Moore, Jr. for a change of zoning from "R-1" One -Family Dwelling District to "B-1" Neighborhood Business District on a tract of land described as being the south 50' of Lot 1, Block 2, Washington Addition, being located at 4706 Angelo Street. Mayor Smith read the recommendation of the Zoning & Planning Commission for approval, subject to proper platting. No one appeared either for or against this application. Motion by Ingle, seconded by James and passed that the hearing be closed, and the application be granted. Next was the application of Sam L. Davis, Jr., Mrs. E. A. Van Atten, and Mrs..Velma Walker for a change of. zoning from "R-1" One -Family Dwelling District to "B-1" Neighborhood Business District on a tract of land described as being Lot 10, Block 5, and Lot 15, Block 6, Woodlawn Estates, being that property located at 1517, 1518 Clare Street; and for a change of zoning from 11R-1" One -Family Dwelling District to "B-3" Secondary Business District on a tract of land described as being Lot 10, Block 64 Woodlawn Estates, located at 1517 Woodlawn Street. Mayor Smith read the recommendation of the Zoning & Planning Commission for approval, subject to -the removal of the deed restrictions. Mr. Fred W. Harris, 1601 Woodlawn Drive, represented 8 homeowners in the area, and presented their petition opposing the change in zoning on Lot 10 and 15, Block 6, being 1517 Woodlawn and 1518 Clare Street respectively, of the application on the basis of the deed restrictions, a copy of which was presented, and because it would devaluat their residential property and tend to discourage further construction of homes in their subdivision, but stated that they had no objection to therezoning of Lot 10, Block 5, being 1517 Clare Street, since that is set forth in the deed restrictions as a business lot. Motion by Bigler, seconded by Roberts and passed that the hearing be closed, and the application taken advisement. Next was the application of S. C. Rozzell for a change of zoning from 11R-1" One -Family Dwelling District to "B-3" Secondary Business District on a tract of land described as being the west 150' of the south 440' of Lot 17, Section 13, Flour Bluff & Encinal Farm & Garden Tracts Subdivision, generally being that property at 5444 South Staples. Mayor Smith read the recommendation of the Zoning & Planning Commission for denial on the basis that the change would constitute spot zoning. Mr. Dudley Foy, attorney, representing Mr. Rozzell, explained that there was only 150' depth involved in application out of a 20 -acre tract, exhibited sketches and photographs of the proposed development of the property which was for a Country Club, and presented letters of approval from T. V. Brich and C. A. Mansheim, adjoining 91 and stated that Hulen Hunt, another adjoining property owner, property owner%/also approved of the application. Motion by Ingle, seconded by Maldonado and passed that the hearing be closed, and the application granted for 11B-1" Neighborhood Business District with a Special Council Permit to permit the proposed Golf Club use, sub- ject to proper platting, construction to begin uttUn 2 years and to be completed within.3 years or property to revert to the present "R-1" zoning. There being no further business to come before the Council, the special meeting was adjourned. PRESENT: Mayor Farrell D. Smith Commissioners: W. J. Roberts B. E. Bigler Manuel P. Maldonado Charlie J. Aills Arthur R. James Odell Ingle REGULAR COUNCIL MEETING January 21, 1959 2:00 P. M. City Manager Herbert W. Whitney City Attorney I. M. Singer City Secretary T. Ray Kring Mayor Farrell D. Smith called the meeting to order. The Invocation was given by Reverend J. Ernest Messer, Pastor of St. Timothy Lutheran Church. City Secretary Kring called the roll of those in attendance. Motion by James, seconded by Maldonado and passed that the minutes of the special meeting of January 12, and the regular meeting of January 14 be approved. Mayor Smith welcomed to the Council meeting the 8th Grade Class of the Cathedral School and their Teacher, Sister Benedict. Mayor Smith announced the opening of bids, and explained the procedure for the benefit of the 8th Grade Stu- dents in the audience. Bids were opened and read on Fuel Requirements, consisting of Regular Gasoline, Premium Gasoline, Kerosene, and Diesel Fuel, from the following: Continental Oil Co. Gulf Oil Corp. Humble Oil & Refining Co. Magnolia Petroleum Co. Osage Oil Co. Sinclair Refining Co. Susser Petroleum Co. The Texas Co. Ada Oil Co. Texas Star Co. Motion by Ingle, seconded by James and passed that the foregoing bids be tabled for 48 hours as required by the City Charter, and referred to the City Manager for tabulation. Bids were opened and read on 12", 15" and 18" Reinforced Concrete Pipe from the following: Brown Supply Co. of So. Texas Tex Crete Co. of C. C. Motion by Ingle, seconded by Maldonado and passed that the foregoing bids be tabled for 48 hours as required by the City Charter, and referred to the City Manager for tabulation. Bids were opened and read on Street Construction Materials, consisting of various types of Asphalt, Mix, Precoated Aggregate, Shell and Caliche, from the following: C. C. Shell Co. Heldenfels Bros. Humble Oil & Refinery Co. Servtex Materials Uvalde Rock Asphalt Co. White's Uvalde Mines M. P. Wright, Jr. . Motion by James, seconded by Maldonado and passed that the foregoing bids be tabled for 48 hours as requir- ed by the City Charter, and referred to the City Manager for tabulation. Bids were opened and read on Blueprint Service, consisting of Direct Prints, Blueprints, Blue Lines, Film Negatives or Positives, Vellum Positives, Sepias, Van Dykes, Cloth Blue Lines, Autopositives, and various sizes 1 92 of Photostats, from the following: Nixon Blue Print Co. L. I. Ridgway Co., Inc. Superior Blue Print & Photocopy Motion by James, seconded by Bigler and passed that the foregoing bids be tabled for 48 hours as required by the City Charter, and referred to the City Manager for tabulation. Mayor Smith announcedithe Council would next hear the City Manager's reports. Motion by Bigler, seconded by Ingle and passed that the award of bid on 30" C.I. Pipe & Fittings be made as follows: To American Cast Iron Pipe Co. for 641 30" Cast Iron Class 150 M.J. Pipe,l- 30" Cast Iron M. J. Plub with joint material,and 4 - 30" Cast Iron long pattern M. J. Solid Sleeves with joint material, in the total amount of $$2,651.78; and To Iowa Valve Co. for 1 - 30" hub -end I.B.B.M. Horizontal Gate Valve, complete with tracts & rollers, in the amount of $2,424.20. (See Bid Tabulation #7 in File.) Motion by James, seconded by Maldonado and passed that the award of contract for the construction of Unit IV, Railroad Tract for North Approach to Tule Lake Bridge, be made to Wm. A. Smith Construction Company, in the amount of $58,849.00, as concurred in by the Corps of Engineers and the Secretary of the Army. Motion by Bigler, seconded by James and passed that the City Manager be authorized to submit to the State Highway Department a letter of waiver of the right of the City to submit value determinations in the matter of acqui sition of right-of-way for the relocation of State Highway 286 Between Agnes Street and State Highway 358, and'from Agnes Street to U. S. Interstate 37, in accordance with the terms of the agreement with the State in this matter. ORDINANCE NO. 5234 DETERMINING THE NECESSITY FOR AND ORDERING THAT THE PORTIONS OF ALAMEDA STREET FROM THE SOUTHEAST BOUNDARY OF DODDRIDGE STREET TO THE NORTHERLY BOUNDARY OF OSO GOLF COURSE, AVALON STREET FROM THE SOUTHEAST BOUNDARY LINE OF EVERHART ROAD TO THE SOUTHWEST BOUNDARY LINE OF ALAMEDA STREET, EVERHART ROAD FROM ALAMEDA STREET TO AVALON STREET, ROBERT DRIVE FROM THIRTY FEET SOUTH OF THE SOUTH BOUNDARY LINE OF AVALON STREET TO FORTY FEET NORTHEAST OF THE NORTHEAST BOUNDARY LINE OF ALAMEDA STREET, AND AIRLINE ROAD FROM ONE HUNDRED TWENTY FEET NORTH OF THE CENTERLINE OF ALAMEDA STREET TO ONE HUNDRED TWENTY FEET SOUTH OF THE CENTERLINE OF ALAMEDA STREET; AND REQUIRING THE DIRECTOR OF PUBLIC WORKS TO PREPARE AND FILE PLANS AND SPECIFICATIONS FOR THE PROPOSED IMPROVE- MENTS; REQUIRING THE CITY SECRETARY TO FILE A NOTICE IN THE OFFICE OF THE COUNTY'CLERK OF NUBCES COUNTY OF THE ACTION HEREIN; PROVIDING HOW SUCH IMPROVEMENTS SHALL BE PAID; AND DECLARING AN'EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye ade lringle Aye ORDINANCE NO. 5235 APPROVING AND ADOPTING THE DIRECTOR OF PUBLIC WORKS' WRITTEN STATEMENT AND REPORT OF THE ESTIMATES OF THE VARIOUS COSTS FOR THE IMPROVEMENT OF THE PORTIONS OF ALAMEDA STREET FROM THE SOUTHEAST BOUNDARY OF DODDRIDGE STREET TO THE NORTHERLY BOUNDARY OF OSO GOLF COURSE, AVALON STREET FROM THE SOUTHEAST BOUNDARY LINE OF EVERHART ROAD TO THE SOUTHWEST BOUNDARY LINE OF ALAMEDA STREET, EVERHART ROAD FROM ALAMEDA STREET TO AVALON STREET, ROBERT DRIVE FROM THIRTY FEET SOUTH OF THE SOUTH BOUNDARY LINE OF AVALON STREET TO FORTY FEET NORTHEAST OF THE NORTHEAST BOUNDARY LINE OF ALAMEDA, AND AIRLINE ROAD FROM ONE HUNDRED TWENTY FEET NORTH OF THE CENTERLINE OF ALAMEDA STREET TO ONE HUNDRED TWENTY FEET SOUTH OF THE CENTERLINE OF ALAMEDA STREET, AND THE STATEMENTS OF THE NAMES OF -THE APPARENT OWNERS, DESCRIPTIONS AND NUMBER OF FRONT FEET OF ABUTTING PROPERTY OF SAID STREETS WITHIN SAID LIMITS, DETERMINING AND FIXING THE PORTION OF SAID costs, and the rate thereof, to BE PAID BY AND ASSESSED' AGAINST SAID ABUTTING PROPERTY, AND THE REAL AND TRUE OWNERS THEREOF, AND THE PORTION THEREOF TO BE PAID BY THE CITY OF CORPUS CHRISTI, TEXAS, DETERMINING THE NECESSITY OF LEVYIGG AN ASSESSMENT AGAINST SAID ABUTTING PROPERTY; • AND THE REAL AND TRUE OWNERS THEREOF FOR THE PART OF SAID COST APPORTIONED THEM: ORDERING AND SETTING A HEARING TO BE HELD IT 3:00 P. M. ON THE 11TH DAY OF FEBRUARY, 1959, IN THE COUNCIL CHAMBER OF THE CITY HALL IN CORPUS CHRISTI AS THE TIME AND PLACE FOR HEARING OF THE REAL AND TRUE OWNERS OF SAID ABUTTING PROPERTY, AND ALL OTHERS INTERESTED IN SAID PROPERTY OR IN SAID PROCEEDINGS CONCERNING SAID ASSESSMENTS AND PROCEEDINGS; DIRECTING THE CITY SECRETARY TO GIVE NOTICE OF SAID HEARING AS REQUIRED BY THE LAWS OF THE STATE OF TEXAS AND THE CHARTER OF THE CITY OF CORPUS CHRISTI, TEXAS, AND FURTHER, DIRECTING SAID CITY SECRETARY IN ADDITION TO THE CONTENTS OF THIS NOTICE OF SAID HEARING AS REQUIRED BY LAW, WHICH SHALL BE VALID AND SUFFICIENT IN ITSELF, TO INCLUDE THEREIN A LIST OF THE APPARENT OWNERS AND DESCRIPTION OF SAID ABUTTING RROPERTY AS SET OUT IN SAID REPORT OF THE DIRECTOR OF PUBLIC WORKS AND PROVIDING THAT SAID LIST OF APPARENT OWNERS SHALL NOT BE CONCLUSIVE OF SAID OWNERSHIP AND SHALL NOT LIMIT SAID NOTICE TO SUCH OWNERS NAMED OR THE PRO- PERTIES DESCRIBED, AND THE SAID NOTICE SHALL NEVERTHELESS BE DIRECTED TO THE REAL AND TRUE OWNERS OF SAID ABUTTING PROPERTY, WHETHER NAMED OR CORRECTLY NAMED OR NOT, AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye The foregoing ordinance was passed by the following vote; Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye ORDINANCE NO. 5236 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A CONTRACT WITH WM. A. SMITH CONSTRUCTION COMPANY, INC., FOR CONSTRUCTION OF UNIT IV, RAILROAD TRACK FOR NORTH APPROACH TO TULE LAKE BRIDGE, PROJECT NO. 13-55-1; APPROPRIATING THE SUM OF $63,849.00 FROM NO. 230 BRIDGE REMOVAL AND RELOCATION FUND, OF WHICH $58,849.00 IS FOR THE CONSTRUCTION CONTRACT AND $5,000.00 IS FOR CONTINGENCIES AND ENGINEERING AS REQUIRED; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye. W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye ORDINANCE NO. 5237 AUTHORIZING PAYMENT TO THE'NUECES COUNTY NAVIGATION DISTRICT NO. 1 FOR ROAD AND RAILROAD RIGHT -OF WAY EASEMENT IN CONNECTION WITH THE TULE LAKE HIGH LIFT BRIDGE PROJECT, HEREIN MORE PARTICULARLY DESCRIBED; APPROPRIATING THE SUM OF $100,000.00 FOR SUCH PAYMENT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith 'Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye ORDINANCE NO. 5238 CANCELLING ORDINANCE NO. 4925, WHICH ESTABLISHED A $20,000.00 REVOLVING FUND FROM THE NO. 297 SANITARY SEWER SYSTEM BOND IMPROVEMENT FUND FOR THE PURPOSE OF CONSTRUCTING VARIOUS SEWER LINE EXTENSIONS, THE WORK TO BE PERFORMED BY CITY FORCES AND BY CONTRACT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith W. J. Roberts ' nu I E. Bggl Hrh nado eRJ.Jys te Ingle Aye Aye (93 it 4 The foregoing ordinance was gasped by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Arthur R. James Aye Odell Ingle Aye Charlie J. Aills Aye ORDINANCE NO. 5239 AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TEXAS, A CONTRACT FOR THE PURCHASE OF 69.682 ACRES OF LAND FROM JOHN LARKIN SCOGIN, ET AL, WHICH SAID CONTRACT ALSO CONTAINS PROVISIONS AS TO A FARM LEASE AGREEMENT, GRANT OF ROAD RIGHT-OF-WAY ON OTHER LANDS AND GRANT OF AVIATION EASEMENTS, FOR AN AGREED TOTAL PURCHASE PRICE OF $84,724.40, A COPY OF WHICH CONTRACT IS ATTACHED HERETO AND MADE A PART -HEREOF; APPROPRIATING THE SUM OF $84,724.40, FOR THE PURCHASE PRICE, AND TH9"SUM OF $200.00, FOR MISCELLANEOUS TITLE EXPENSES, OUT OF NO. 245 AIRPORT BOND IMPROVEMENT FUND, FOR THIS SAID CONTRACT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith W. J. Roberts B. E. Bigler Manuel P. Maldonado Charlie J. Aills Arthur R. James Odell Ingle The foregoing ordinance was passed by the following vote: Farrell D. Smith W. J. Roberts B. E. Bigler Manuel P. Maldonado Charlie J. Aills Arthur R. James Odell Ingle ORDINANCE NO. 5240 Aye Aye Aye Aye Aye Aye Aye Aye Aye Aye Aye Aye Aye Aye AMENDING SECTION 8-6 OF THE CORPUS CHRISTI CITY CODE, 1958, BY SUBSTITUTING MEMORIAL DAY IN THE PLACE OF ARMISTICE DAY AS A DAY ON WHICH BARBERSHOPS ARE NOT PERMITTED TO OPEN; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye ORDINANCE NO. 5241 AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE AN AGREEMENT WITH E. DEXTER HAMON, ARCHITECT, FOR ARCHITECT'S SERVICES IN DESIGNING A FIRE STATION IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FOR CONSIDERATION AS SET FORTH IN SAID AGREEMENT; A COPY OF WHICH AGREEMENT IS ATTACHED HERETO AND MADE A PART HEREOF; APPRO- PRIATING THE SUM OF $4,125.00 OUT OF NO. 212 FIRE STATION BOND CONSTRUCTION FUND TO COVER PAY- MENT TO SAID ARCHITECT FOR SUCH SERVICES; AND DECLARING AN EMERGENCY. d The Charter Rule was suspcerided by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye W 95 ORDINANCE NO. 5242 APPROPRIATING $1,638.25 FROM NO. 209 STREET TRAFFIC CONTROL SYSTEM BOND IMPROVEMENT FUND FOR THE INSTALLATION OF A TRAFFIC SIGNALI.LIGHT AT THE LEOPARD STREET AND NUECES BAY BOULEVARD INTER- ' SECTION; PROVIDING THAT SUCH INSTALLATIONS SHALL BE DONE BY CITY FORCES; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith W. J. Roberts B. E. Bigler Manuel P. Maldonado Charlie J. Aills Arthur R. James Odell Ingle The foregoing ordinance was passed by the following vote: Farrell D. Smith W. J. Roberts Manuel P. Maldonado Charlie J. Aills Arthur R. James Odell Ingle E. E. Bigler, -- ORDINANCE NO. 5243 Aye Aye Aye Aye Aye Aye Aye Aye Aye Aye Aye Aye Aye Aye APPROPRIATING $1,827.40 FROM NO. 209 STREET TRAFFIC CONTROL SYSTEM BOND IMPROVEMENT FUND FOR THE INSTALLATION OF A SEMI -ACTUATED TRAFFIC SIGNAL LIGHT AT THE INTERSECTION OF STAPLES STREET AND LEXINGTON BOULEVARD; PROVIDING THAT SUCH INSTALLATION SHALL BE DONE BY CITY FORCES; AND DECLARING"AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye W.' J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye ORDINANCE NO. 5244 AMENDING ORDINANCE 3656 AS AMENDED BY AMENDING SECTION 1, SUBSECTION (c) THEREOF TO PROVIDE THAT THE FIRE CHIEF SHALL PRESCRIBE THE HOURS OF DUTY AND HOURS COMPRISING THE WORK WEEK OF FIREFIGHTERS ON PROBATION UNDERGOING TRAINING BUT THAT SUCH WORK WEEK SHALL NOT BE LESS THAN 40 OR MORE THAN 72 HOURS AND PROVIDING THAT THE Fire CHIEF SHALL PRESCRIBE THE HOURS OF DUTY AND HOURS COMPRISING THE WORK WEEK OF ALL FIREMEN RETURNING TO LIMITED SERVICE FROM AN ON THE JOB INJURY, AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye THE STATE OF TEXAS I OF NUECES X ITY OF CORPUS CHRISTI X On this the 21 day of January, 1959, the City Council of the City of Corpus Christi, Texas, convened in ar meeting, with the following members of said Council present, to -wit: Farrell D. Smith, Mayor, W. J. Roberts B. E. Bigler Manuel P.'Maldonado : 96 Charlie J. Aills Commissioners, Arthur R. James Odell Ingle ; T. Ray Kring, City Secretary, Herbert W. Whitney, City Manager, I. M. Singer, City Attorney, with the following absent: None , constituting a quorum, at which time the following among other business was transacted: Mr. Roberts presented for the consideration of the Council an ordinance. The ordinance was read by the City Secretary. The Mayor presented to the Council a communication in writing pertaining to said proposed ordinance as follows: Corpus Christi, Texas January 21, 1959 TO THE MEMBERS OF THE CITY COUNCIL, Corpus Christi, Texas Gentlemen: For the reasons set forth in the emergency clause of the foregoing ordinance, a public emergency and impera- time necessity exist for the suspension of the Charter rule or requirement that no ordinance or resolution shall be passed finally on the date it is introduced, and that such ordinance or resolution shall be read at three meet- ings of the City Council, I, therefore, hereby request that you suspend said'Charter rule or requirement and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, /s/ Farrell D. Smith, Mayor City of Corpus Christi, Texas Commissioner Ingle made a motion that the Charter provisions prohibiting ordinances from being passed final- ly on the date introduced be suspended for the reasons stated in the written request of the Mayor and stated in the emergency clause of the ordinance. The motion was seconded by Commissioner James. The motion was carried by a unanimous vote by the City Council, viz: AYES: Commissioners Roberts, Bigler, Maldonado, Aills,' James and Ingle. NAYS: None. The Mayor requested that the records show that he voted Aye. This was done Commissioner Bigler made a motion that the ordinance be passed finally. The motion was seconded by Com- missioner Aills. The motion was carried by the following vote: AYES: Commissioners Roberts, Bigler, Maldonado, Aills, James and Ingle. NAYS: None. The Mayor requested that the records show that he voted Aye. This was done. The Mayor announced that the ordinance had been passed. The ordinance is as follows: ORDINANCE NO. 5245 CANVASSING THE RETURNS AND DECLARING THE RESULTS OF AN ELECTION HELD IN THE CITY OF CORPUS CHRISTI ON THE 17TH DAY OF JANUARY, 1959, UPON THE QUESTION OF THE ISSUANCE OF MEMORIAL COLISEUM AIR CONDITIONING BONDS IN THE AMOUNT OF $300,000.00; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Arthur R. James Aye Odell Ingle Aye Odell Ingle Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye ORDINANCE NO. 5246 AUTHORIZING CONDEMNATION PROCEEDINGS BY THE CITY OF CORPUS CHRISTI TO CONDEMN CERTAIN REAL ESTATE IN NUECES COUNTY, TEXAS, BEING THREE (3) PARCELS DESCRIBED AS A PORTION OF THE HOME TRACT, TRACT 1 AND TRACT 2, AS SET OUT IN THE PARTITION DEED OF THE ALTA VISTA HOTEL TRACT, RECORDED IN VOLUME 501, AT PAGE 228 OF THE DEED RECORDS OF NUECES COUNTY, TEXAS, OWNED BY MESOG V. DONIGAN AND LUCY V. WELCH, FOR USE IN THE PROJECT OF IMPROVEMENT OF OCEAN DRIVE AS A PART OF STRAIGHTENING OUT THE "S" CURVE IN THE 300 BUCK nF 9 OCEAN DRIVE, WHICH LAND.IS MORE PARTICULARLY DESCRIBED HEREIN; DIRECTING THE CITY ATTORNEY TO INSTITUTE PROCEEDINGS TO CARRY OUT THE INTENTION OF THIS ORDINANCE; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye 10,1'_The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye Mayor Smith invited anyone in the audience with petitions or information for the Council on matters not scheduled on the agenda to come forward and be heard. Mr. Philip D. McCulloch, of the Montclair Elementary School P.T.A., gave a complete review of the conditions involving traffic and mud in the access areas to the School, and showed posters and aerial photographs to emphasize his comments. Mayor Smith explained that most of this information had been gone over yesterday in a meeting of members of the Council, City Manager Whitney and Mr. Best and'Mr. Smylie of the P.T.A., and that the problems of traffic and mud are a direct result of an effort to correct their problems in the school area, and that it had been agreed in the meeting that the City would have signs erected, which are being prepared for immediate use, that would divert south- bound vehicular through traffic on Alameda Street over Airline Road to Ocean Drive, during the construction of the Alameda Street improvements in the Montclair School District. During the discussion which followed, it was explained that if a Committee of the P.T.A. can persuade the property owners on the east of Kentner Street to.dedicate that portion of their property for street purposes which would be required under the Platting Ordinance in the event that they decided to subdivide or improve the property, the City would then have the right to apply shell for Kentner and the School property owners could provide for the construction of sidewalks, which would give immediate relief to their situation. Mr. Gary Steen, H. W. Avery and Mr. Albert, president, all of the Frazer School P.T.A., appeared in connec- tion with their request with regard to drainage and sidewalks on Airline & McArdle in the vicinity of the School, and suggested that until the problem was solved, that Airline be closed to vehicular traffic during the hours of 7:30 a. m. to 8:30 a.m. and 2:30 p.m. to 4:30 p.m. It was explained that the City has now established the grades in the area for the permanent drainage; that the City cannot close a public street to traffic except for a valid reason such as during constructionof improvements as is the case on Alameda in the area of the Montclair School; and that provided the necessary funds are available, the City will install the storm sewer pipe down Airline from McArdle to Belmeade Drive and down McArdle off Airline to Vance Drive, which will provide complete ::circulation around the School, but that the School would have to put in the sidewalks at the same time in order to accomplish any relief. Lt. Col. J. L. Beynon, Ret., and Lt. Com. C. H. Land, Ret., both commented on the two previous School pro- blems as being a direct result of earlier administrations' handling of zoning and plats,and urged that firm and ade- quate requirements be strictly enforced for all future subdivisions with regard to sidewalks, curbs and gutters, and high standards for the construction and paving of all access streets in particular, and suggested.that a subdivider be required to furnish bond for a sufficient period for the City to determine that the improvements are going to s up under normal maintenance by the City after it has been accepted. There being no further business to come before the Council, the meeting was adjourned. 98 PRESENT: Mayor Farrell D. Smith Commissioners: W. J. Roberts B. E. Bigler Manuel P. Maldonado Charlie J. Aills Arthur R. James Odell Ingle REGULAR COUNCIL MEETING January"28, 1959 2:00 P. M. City Manager Herbert W. Whitney Asst City Attorney J. F. Park City Secretary T. Ray Kring Mayor Farrell D. Smith called the meeting to order. The Invocation was given by Commissioner B. E. Bigler due to the absence of the invited Guest Chaplain. City Secretary Kring called the roll of those in attendance. Motion by Bigler, seconded by James and passed that the minutes of the Special Meeting of January 20 and Regular Meeting of January 21 be approved. Mayor Smith announced the opening of bids. Bids were opened and read on construction of North Alameda Street Water Supply Main from the following: T. H. Lee, Contractor Heldenfels Brothers Motion by Maldonado, seconded by James and passed that the foregoing'bids be tabled for 48 hours as re- quired by the City Charter, and referred to the City Manager for tabulation. Bids were opened and read on construction of Storm Sewer Improvements in Airline Road from the following: Slovak Bros., Inc. The Goldston Company T. H. Lee, Contractor Heldenfels Bros. Motion by Bigler, seconded by Roberts and passed that the foregoing bids be tabled for 48 hours as required by the City Charter, and referred to the City Manager for tabulation. Bids were opened and read on construction of Curb & Gutter, sidewalks, Retaining Wall and Driveways in the 300 & 400 block of Lower North Broadway from the following: The Goldston Company Heldenfels Bros. T. H. Lee, Contractor H & H Concrete Construction Co. Motion by James, seconded by Ingle and passed that the foregoing bids be tabled for 48 hours as required by the City Charter, and referred to the City Manager for tabulation. Bids were opened and read on 40 tons of Commercial Fertilizer and 5k tons of Ammonium Sulfate from the following: Catto & Putty Goldthwaite's Texas Toro L. L. Harris Wholesale Gro. Watson Distributing Co. Wonder -Gro Fertilizer Currie Seed Motion by Ingle, seconded by James and passed that the foregoing bids be tabled for 48 hours as required' by the City Charter, and referred to the City Manager for tabulation. Bids were opened and read on Materials & Labor for Lighting of Baseball Field in Evely Park, complete and installed, from the following: Koppers Co., Inc. A & H Electric Co. Loyd Electric Co., Inc. G. E. Supply Co. Nunn Electric Supply Corp. Coastal Electric Co. Westinghouse Electric Supply Co. C.C. Hardware Co. Lay Construction Co. Graybar Electric Co., Inc. Scott Electric Co. Motion by Maldonado, seconded by Bigler and passed that the foregoing bids be tabled for 48 hours as re- quired by the City Charter, and referred to the City Manager for tabulation. it J Bids were opened and read on 16 items of Radio Equipment from the following: Alamo Iron Works Motorola SAMSCO General Electric Motion by Ingle, seconded by James and passed that the foregoing bids'be tabled for 48 hours as required by the City Charter, and referred to the City Manager for tabulation. " Mayor Smith announced the'Council wished to take actionoon two pending items of zoning applications.`' Motion by Bigler, seconded by Ingle and passed that the application of Hulen Hunt for a change of zoning from 11R-1" One -Family Dwelling District to 11B-3" Secondary Business District on a tract of land described as a tract of land out of Lots 11 & 12, Section 18, Flour Bluff & Encinal Farm & Garden Tracts, fronting 1320' along the south side of Lexington Boulevard, and extending to a depth of 310' and being generally that property located on the south side of Lexington midway between Rodd Field Road and Daly Drive, 9.39 acres more or less, described by metes and bounds, on which public hearing was held January 20, 1959, be denied. Motion by Ingle, seconded by Aills and passed that the application of Sam L. Davis, Jr., Mrs. E. A. Van Atten, and Mrs. Velma Walker for a change of zoning from 11R-1" One -Family Dwelling District to 11B-1" Neighborhood Business District on a tract of land described as being Lot 10, Block 5, and Lot 15, Block 6, Woodlawn Estates, being that property located at 1517, 1518 Clare Street; and for a change of zoning from 11R-1" One -Family Dwelling District to "B-3" Secondary Business District on a tract of land described as being Lot 10, Block 6, Woodlawn Estates, located at 1517 Woodlawn Street, on which public hearing was held January 20, 1959, be denied in view of the existing deed restrictions. Mayor Smith announced the Council would next hear the City Manager's -Reports. Motion by Bigler, seconded by Aills and passed that the award of bid on Fire Hose be made to San Antonio Machine & Supply Co. for 4,000' of 2k" double cotton jacket, rubber lined fire hose in 50' lengths, coupled male & female with brass rocker lug couplings,' 7k threads per inch, N.S.T., for a total of $3,841.60. (See Bid Tabulation #8 in File.) Motion by Bigler, seconded by Aills and passed that the award of bid on reinforced Concrete Pipe be made to Brown Supply Co. of South Texas for 5,000' of 12",'5,000' of 15" and 900' of 18" pipe for a total of $9,862.00. See Bid Tabulation #9 in File.) Motion by Bigler, seconded by Aills and passed that the award of bid on Street Construction Materials be made as follows: To Humble Oil & Refining Co., 70,997 gals. OA -175 Asphalt @ $.0868 per gal.; and 15,000 gals. R.0-2 Oil Asphalt @ $.0990 per gal.; To Servtex Materials Co., 1,500 tons Hot Mix Cold laid Type "DD" @ $4.72 per ton; To Uvalde Rock Asphalt Co., 3,000 tons Rock Asphalt Type "CCC" @ $4.63 per ton; 2,020 tons Precoated Aggregate, Grade 1P @ $3.94 per ton; and 2,020 tons Precoated Aggregate, Grade 2P @ $3.94 per ton; To Corpus Christi Shell Co., 4,000 cu.yds. Shell @ $.98 per cu. yd.; and To M. P. Wright, Jr., 11,875 cu.yds. Caliche @ $2.00 per cu. yd. at Jobsite and $1.85 per cu.yd. at Stock- pile. (See Bid Tabulation #10 in File.) Motion by James,.seconded by Maldonado and passed that the award of bid on Blueprint Service be made to Superior Blue Print & Photocopy Co. for 24,704 sq.ft. Direct Prints @ $.08, 5,000 sq.ft. Blue Prints @ $.05, 784 sq.ft. Blue Lines @ $.15, 173 sq.ft. Film Negatives or Positives @ $2.00, 120 sq.ft. Vellum Positive @ $.90. 500 sq.ft. Sepias @ $.22, 500 sq.ft. Van Dykes @ $.22, 216 sq.ft. Cloth Blue Lines @ $.50, 22k sq.ft. Autopositives @ $.90, and 862 Photostats, 8k x 11 @ $.30, 8k x 14 @ $.40, 12.x..18,,@ _$.65,..14 x 18 @ $.80, and 18 x 24 @ $1.05;; for a total cost of $3,697.85. (See Bid Tabulation #11 in File.) Motion by James, seconded by Roberts and passed that the award of bid on Fuel Requirements for a 3 -months period, February 1 through April 30, 1959, be made as follows: To Gulf Oil Company, approximately 45,000 gals. per month of Regular Gasoline @ $.15167 for a total of $6,824.15; too To Magnolia Petroleum Company, approximately 2,500 gals. per month of Premium Gasoline @ $.1900 for a total of $475.00; and To Sinclair Refining Company, approximately 5,000 gals. per month of Diesel Fuel @ $.1098, and approxi- mately 4,500 gals. per month of Kerosene @ $.1165 for a total of $1,073.25; for a grand total per month of $8,373.40. (See Bid Tabulation,#12 in File.) The reading of an ordinance appropriating,a certain amount of money and authorizing a contract with Nueces County for paving in connection with the new Tule Lake Lift Bridge was deferred until next week's regular meeting. ORDINANCE NO., 5247 APPROPRIATING THE SUM OF $3,000.00 FROM NO. 230 BRIDGE REMOVAL AND RELOCATION FUND FOR ENGINEERING SERVICES TO BE RENDERED BY HARRINGTON AND CORTELYOU IN CONNECTION WITH TULE LAKE BRIDGE PROJECT NO. 13-55-1; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye The above ordinance was passed by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye ORDINANCE NO. 5248 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A LEASE AGREEMENT WITH GULF SKATING RINK, INC., A CORPORATION, WHEREBY THE CITY LEASES TO SAID CORPORATION BUILDING 611, LOCATED AT CUDDIHY FIELD, NUECES COUNTY, TEXAS, SAID LEASE TO BE FOR A PERIOD OF ONE YEAR, BEGINNING FEBRUARY 1, 1959, AND TERMINATING JANUARY 31, 1960, IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE LEASE AGREEMENT, ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye W. J,,.Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye The Foregoing ordinance was passed by the following vote: Farrell D. Smith Aye' W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James, Aye Odell Ingle Aye ORDINANCE NO. 5249 ' AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TEXAS, TO EXECUTE WITH THE CENTRAL DEVELOPMENT COMPANY, INC. A CONTRACT PROVIDING THAT THE CITY OF CORPUS CHRISTI, TEXAS, WILL BE RESPONSIBLE FOR STREET LIGHT BILLINGS TO THE EXTENT OF ONE -THOUSAND THREE HUNDRED FORTY-FOUR AND N0/100 ($1,344.00) DOLLARS ON SIXTEEN LIGHTS TO BE INSTALLED IN SCHANEN ESTATES #2, UPON THE PAYMENT TO THE CITY OF ONE THOUSAND THREE HUNDRED FORTY-FOUR AND N0/100 ($1,344.00) DOLLARS BY CENTRAL DEVELOPMENT COMPANY, INC., A COPY OF WHICH AGREEMENT IS ATTACHED HERETO; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle . Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith . Aye W. J. Roberts Aye B. E. Bigler Aye iarl1ePJ._-A Sado -Arthur R. James Aye Odell Ingle AvP z ORDINANCE NO. 5250 APPROPRIATING $796,750.00 FROM FUND NO. 230, BRIDGE REMOVAL AND RELOCATION BOND FUND, FOR ACQUISI- TION OF AND AUTHORIZING AND DIRECTING THE CITY MANAGER TO ACQUIRE, THE LANDS NEEDED FOR OONSTRUC- TION OF ROAD, RAILROAD AND RELATED IMPROVEMENTS INCLUDING A GRADE SEPARATION BETWEEN HIGHWAY 9 AND THE RAILROAD FROM THE SOUTH END OF THE TULE LAKE LIFT BRIDGE TO THE TEXAS -MEXICAN RAILROAD COMPANY RIGHT OF WAY AS SHOWN ON THE PLANS AND SPECIFICATIONS DATED JANUARY 24, 1959, ON FILE IN THE OFFICE OF THE CITY SECRETARY, AUTHORIZING THE CITY MANAGER TO EXECUTE AND DELIVER THE CONTRACTS FOR ACQUI- SITION OF SAID PARCELS OF LAND FOR SUCH CASH CONSIDERATION AS THE COUNCIL MAY BY MOTION APPROVE ON A PURCHASE CONTRACT IN SUBSTANTIALLY THE SAME FORM AS THE BLANK FORM ATTACHED HERETO; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrall D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye The foregolmg ordinance was passed by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P..Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye ORDINANCE NO. 5251 CLOSING AN ALLEY IN BLOCK 72 OF THE BEACH PORTION OF THE CITY OF CORPUS CHRISTI, TEXAS; AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TEXAS, TO EXECUTE A DEED QUITCLAIMING THE CLOSED ALLEY TO R. L. BURNHAM, THE ABUTTING PROPERTY OWNER, UPON PAYMENT OF THE CONSIDERATION OF $2,000.00; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye The foregoing ordinance was passed by the following vote: Farrell -D. Smith W. J. Roberts B. E. Bigler Manuel P. Maldonado Charlie J. Aills Arthur R. James Odell Ingle Aye Aye Aye Aye Aye Aye Aye ORDINANCE NO. 5252 AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A CONTRACT TO PURCHASE AND COMPLETE THE ACQUISITION OF LOT 1, BLOCK 2, OF THE BRAYTON ADDITIO TO BE USED FOR THE EXTENSION OF AGNES STREET; APPROPRIATING THE SUM OF $11,440.00 OUT OF BOND FUND NO. 220; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye . Odell Ingle Aye The foregoing ordinance:7!was passed by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler. Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye ORDINANCE NO. 5253 AMENDING SECTION 24-39 OF THE CORPUS CHRISTI CITY CODE, 1958, BY DELETING THE REFERENCE TO SECTIONS 24-3, 24-17, AND 24-19 AND DELETING THE REQUIREMENT OF A MINIMUM OF 1,000 FEET SURFACE CASING; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: 101 EN 102 Farrell D. Smith Aye W. J. Roberts -Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie:J. Aills Aye. Arthur R. James Aye Odell Ingle' Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye Motion by Bigler, seconded by James and passed that the ordinance authorizing an option to purchase the .1rr northeast 25' of each of certain lots in Erskine Park Addition, needed for the Thompson Road drainage ditch, be tabled for one week in order to clarify certain details with reference to payment for the right of way. Mayor Smith invited anyone in the audience with petitions or information for the Council on matters not scheduled on the agenda to come forward and be heard. Mr. Gary Steen and Mr. James Alborg, of the Frazer School P.T.A., appeared in connection with their request for drainage, paving and sidewalks in the Frazer School area. During the discussion of the problems, it was explained to them that this area being in the permanent im- provement program, the determination of the grades indicates that in many places the ditches will have to be dug much deeper in which to lay the storm sewer pipe, and that to do so for the part of the street requested by the P.T.A. would be impractical on a temporary basis.• It was suggested that as an immediate temporary solution to the problem, that the School District construct permanent concrete sidewalks around the perimeter of the school on the school property, the City could lay pipe in the ditch along 3idd of the privately owned property adjoining the school property, and cover with fill and shell in the nature of a wide driveway -connection to the school sidewalk in the area from Airline down Belmeade to the school sidewalk, and the same treatment from McArdle down Vance to the School sidewalk, which would at least solve the problem temporarily of keeping -the children out of the mud from the cars to the school proper. Mrs. W. Armstrong Price, Chairman of thePark & Recreation'Board,"urged the Council to accept the low bid meeting the specifications for the lighting of the baseball field in Evelyn Price Park, supplementing any amount needed for this project with funds from the Park Trust Fund, because of -the need for the lighting. She further suggested that in connection with the air conditioning of the Coliseum that both architects and engineers be used to collaborate on the design and specifications, and asked if'they would please consider the use of a spray f instead of a cooling tower, and if the Park Board be advised of the outside plans before approved and accepted. Mayor Smith advised Mrs. Price that the Council and City Manager were in the process of selecting architec- tural and engineering services to work together on the air conditioning, and that the Park Board would be consulted in the matter also, as requested. Motion by Bigler, seconded by James and passed that the opening of the bids on Terminal Building, Control Tower, C.A.A., and Operations Building and portions of Utilities, and on Runway and Taxiway Lighting for Corpus Christi Municipal Airport scheduled for 4:00 p. m. of this meeting, be postponed until a special meeting on Februa 3, at 2:00 P. M. Motion by Bigler, seconded by Ingle and passed that the meeting be adjourned. SPECIAL COUNCIL MEETING February 3, 1959 2:00 P. M. PRESENT: Mayor Farrell D. Smith " Commissioners• W. J. Roberts City Manager Herbert W. Whitney B. E. Bigler City Attorney I. M. Singer Manuel P. Maldonado City Secretary T. Ray Kring Charlie J. Aills Arthur R. James Odell Ingle Mayor Farrell D. Smith called the special meeting to order. 103 City Secretary Kring called the roll of those in attendance. Mayor Smith announced the opening of bids. Bids were opened and read on construction of the Terminal and Control Tower Building for the Corpus Christi Municipal Airport from the following: 0. J. Beck Construction Co. Braselton Construction Co. Burnett Construction Co. Bellows Construction Co. Motion by James, seconded by Bigler and passed that the foregoing bids be tabled for 48 hours as required by the City Charter, and referred to the City Manager for tabulation. Bids were opened and read on the installation of the Runway and Taxiway Lighting forthe Corpus Christi Municipal Airport from the following: A & H Electric Co., Inc. Alder Electric Co. Coastal Electric Co. Eastham- Orr Co. Electric Construction Co. Loyd Electric Co. Scott Electric Co. H. B. Zachry Company Motion by James, seconded by Maldonado and passed that the foregoing bids be tabled for 48 hours as requir- ed by the City Charter, and referred tothe City Manager for tabulation. Bids were opened and read on construction of the Grading of the South Approach of the Bridge over Tule Lake Channel from the following: Brown & Root, Inc. Heldenfels Bros J. M. Dellinger, Inc. Motion by Ingle, seconded by Maldonado and passed that the foregoing bids be tabled for 48 hours as required by the City Charter, and referred to the City Manager for tabulation. There being no further business, the special 'meeting was adjourned. PRESENT: Mayor Farrell D. Smith Commissioners: W. J. Roberts B. E. Bigler Manuel P. Maldonado Charlie J. Aills Arthur R. James Odell Ingle REGULAR COUNCIL MEETING February 4, 1959 2:00 P. M. City Manager Herbert W. Whitney Asst City Attorney Milton Walton City Secretary T. Ray Kring Mayor Farrell D. Smith called the meeting to order. The Invocation was given by Reverend Dale Hansboro, of St. Paul's Methodist Church. City Secretary Kring called the roll of those in attendance. Motion by Maldonado, seconded by James and passed thatthe minutes of the regular meeting of January 28 and the special meeting of February 3 be approved. Mayor Smith announced that at the recommendation and request of the Port Director of the Navigation District with which the Council concurs, the Port Protection Committee was to be revived with the following purpose: The Committee would bring together the representatives of organizations which are directly concerned with the protection of the port area in the event of fires; storms, or other disasters, and by planning and cooperation through the Com- mittee, all of the organizations would be able to carry out their functions more efficiently. Mayor Smith announcedthe following appointments to the foregoing Committee based primarily on their position and the present holder of each position, as follows: District Engineer for the Navigation District; Duane Orr; Chief, City Fire Department: John Carlisle; Chief of Police Department of the City: R. T. Runyan; Director of the City's Public Works Department: Drahn Jones; Security Officer, Naval Air Station: Comdr. George Herider; Coast Guard, Captain of the Port: Comdr. F. Lederle; U. S. Costoms, local officer in charge: Reuban Traynham; Director of Local Civil Defense: Early Dunn; 104 Central Power & Light Co., Power Plant Chief, Nueces Bay Plant: E. L. Orchard; Sheriff's Office; John Mitchel State Highway Patrol= Capt. Herbert Weeks; President, C. C. Refinery -terminal Fire Company: J. T. Dickens; Motion by Ingle, seconded by Bigler and passed that the foregoing appointments to the Port Protection Com- mittee be approved and confirmed. Mayor Smith announced the Council would next hear the City Manager's Reports. Motion by Ingle, seconded by James and passed that the bids received on November 19, 1958, on the construc- tion of Improvements in the 300 and 400 Blocks of Lower Broadway be rejected, and that a contract be awarded on the basis of the bids received of the enlarged project which include6'widen1.ng`of the street 5 feet to H. & H Concrete Construction Company in the amount of $5,028.40. Motion by Bigler, seconded by Aills and passed that the award of bid on Radio Equipment be made to General Electric Company for Items 1, 6, and 7, for a total of $3,420.15; to Motorola Communication & Electronics Inc. for Items 2, 3, 4, 5, 8, 9, 10, 11, 12, 13, 14 & 15, for a total of $12,403.50; and to San Antonio Machine & Supply Co. for Item 16 for a total of $696.19; for a grand total of $16,519.84. (See Bid Tabulation #13 in File.) Motion by Ingle, seconded by James and passed that the award of bid on Commercial Fertilizer be madetto Watson Distributing Co., Inc. for 40 tons Commercial Fertilizer for a total of $2,154.00; and to Wonder -Gro Fertil- izer Co. for 5k tons Ammonium Sulfate for a total of $280.00. (See Bid Tabulation 414 ,*n File.) Motion by Ingle, seconded by Maldonado and passed that the award of bid on the Labor and Materials for Light- ing the Baseball Field in Evelyn Price Park be made to Lay Construction Company in the amount of $10,800.00. (See Bid Tabulation #15 in File.) Motion by Bigler, seconded by Aills and passed that the award of contract on the construction of Water Mains on North Alameda, West Broadway to Harbor Drive, be made to T. H. Lee in'the amount of $42,264.84, using asbestos pipe on Items 1 through 8. ORDINANCE NO. 5254 DECLARING ABANDONED A CERTAIN WATER EASEMENT HERETOFORE GRANTED BY MRS. S. H. PAGE, IN A DEED DATED MARCH 4, 1893, RECORDED IN VOL. 27, AT PAGE 419, OF THE DEED RECORDS OF NUECES COUNTY, TEXAS, AND A CERTAIN EASEMENT GRANTED BY J. B. SEDWICK, JR. BY DEED DATED MARCH 4,1893, RECORDED IN VOL. 27, AT PAGE 394, OF THE DEED RECORDS OF NUECES COUNTY, TEXAS; AUTHORIZING THE CITY MANAGER TO EXECUTE AND DELIVER A QUITCLAIM DEED OF SAID EASEMENT UNTO THE PRESENT OWNER OF SAID LANDS; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Farrell D. Smith W. J. Roberts B. E. Bigler Manuel P. Maldonado Charlie J. Aills Arthur R. James Odell Ingle Aye _ Aye Aye Aye Aye Aye Aye The foregoing ordinance was passed by the following vote:. Farrell D. Smith W. J. Roberts" B. E. Bigler Manuel P. Maldonado Charlie J. Aills Arthur R. James Odell Ingle Aye Aye Aye Aye Aye Aye ., `°'ye, ORDINANCE NO. 5255 AUTHORIZING THE CITY MANAGER TO EXECUTE AN EXTENSION AGREEMENT WITH OSO DEVELOPMENT ASSOCIATES FOR A 90 DAY EXTENSION OF THE INITIAL 150 DAY EXPLORATION AND TESTING PERIOD, A COPY OF WHICH AGREEMENT IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye The foregoing ordinance was passed by the following vote: 105 Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye ORDINANCE NO. 5256 AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A CONTRACT FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO ACQUIRE ALL OF LOT 2, SECTION 4, OF THE FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, SAVE AND EXCEPT THE SOUTH 37 1/2 FEET HERETOFORE CONVEYED TO NUECES COUNTY, TEXAS, FROM MRS. AUGUST MERINRATH, ET AL, SAID PROPERTY TOTALING 19.13 ACRES, TO BE USED FOR A WATER RESERVOIR SITE, A COPY OF WHICH CONTRACT IS ATTACHED HERETO AND MADE A PART HEREOF; APPROPRIATING FROM NO. 202, WATER SYSTEM BOND FUND THE SUM OF $28,995.00 OF WHICH $28,695.00 IS FOR THE PURCHASE OF THE LAND ABOVE DESCRIBED AND $300.00 IS FOR TITLE EXPENSE; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye . Arthur R. James Aye Odell Ingle Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye ORDINANCE NO. 5257 AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI AN OPTION TO PURCHASE THE NORTHEAST 25 FEET OF EACH OF THE FOLLOWING: LOT 1, BLOCK 1, LOTS 1 AND 36, BLOCK 2, LOTS 1 AND 36, BLOCK 3, AND LOT 1, BLOCK 4, ALL IN ERSKINE PARK ADDITION TO THE CITY OF CORPUS CHRISTI, FROM AND WITH THE OWNERS OF SAID PROPERTY; APPROPRIATING THE SUM (OUT OF FUND #108) OF ONE DOLLAR ($1.00) FOR THE CONSIDERATION THEREOF; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R'. James Aye Odell Ingle Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado _ Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye ORDINANCE NO. 5258 AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE FOR AND ON BEHALF OF THE CITY AN AGREEMENT WITH REAGAN AND McCAUGHAN, ENGINEERS, FOR ENGINEERING SERVICES FOR A WATER STORAGE RESERVOIR AND DISTRIBUTION STUDY; APPROPRIATING THE SUM OF $1500.00 OUT OF NO. 202 WATER SYSTEM BOND FUND; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye 100 ORDINANCE NO. 5259 AUTHORIZING AND DIRECTING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE A CONTRACT WITH H & H CONCRETE CONSTRUCTION COMPANY FOR THE CONSTRUCTION OF IM- PROVEMENTS IN THE 300 AND 400 BLOCKS OF LOWER BROADWAY; APPROPRIATING AND REAPPROPRIATING THE SUM OF $5,398.26 FROM CODE 102, CAPITAL IMPROVEMENT FUND, OF WHICH -$5,028.40 IS FOR THE CONSTRUCTION CONTRACT AND $369.86 IS FOR CONTINGENCIES; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Farrell D. Smith W. J. Roberts B. E. Bigler Manuel P. Maldonado Charlie J. Aills Arthur R. James Odell` Ingle Aye Aye Aye Aye Aye . . Aye Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye ORDINANCE NO.5260 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A CONTRACT WITH T. H. LEE, FOR CONSTRUCTION OF A STORM SEWER ON AIRLINE ROAD FROM THE BAY TO BELMEADE, PROJECT NO.3=53 4.1,APPROPRIATING THE SUM OF $65,600.00 FROM NO. 295 STORM SEWER BOND IMPROVEMENT FUND, OF WHICH AMOUNT $62,495.97 IS FOR THE CONSTRUCTION CONTRACT AND $3,104.03 IS FOR CONTINGENCIES, INCLUDING ENGINEERING AND LABORATORY CONTROL AS REQUIRED; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. ' Bigler Aye Manuel P. Maldonado Aye Charlie'J. Aills Aye Arthur R. James Aye Odell Ingle Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye ORDINANCE NO. 5261 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI,TO EXECUTE A CONTRACT WITH T. H. LEE FOR CONSTRUCTION OF WATER MAINS ON NORTH ALAMEDA PROJECT NO. 7-53-21; APPROPRIATING THE SUM OF $45,000.00 FROM N0. 202 WATER WORKS BOND CONSTRUCTION FUND OF WHICH $42,264.84 IS FOR THE CONSTRUCTION CONTRACT AND $2,735.16'IS FOR CONTINGENCIES AND ENGINEER- ING; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye ORDINANCE 5262 AUTHORIZING THE CITY MANAGER TO ACQUIRE FOR THE CITY PORTIONS OF TWO LOTS ON THE EASTERN SIDE OF OCEAN DRIVE FROM THE ALTA VISTA CORPORATION FOR THE SUM OF $1430.00 PAYABLE OUT OF FUNDS HERETOFORE APPRO- PRIATED IN ORDINANCE NO. 5246 BY WARRANTY DEED, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, INCLUDING THE EXECUTION OF SUCH CONTRACT AND RELATED INSTRUMENTS AS NECESSARY TO PURCHASE SAID PROPERTY; AND DECLARING AN EMERGENCY. 1,07 The Charter rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye ORDINANCE NO. 5263 AMENDING ORDINANCE NO. 3658, PASSED AND APPROVED BY THE CITY COUNCIL ON FEBRUARY 10, 1954, ENTITLED "AMENDING THE RULES AND REGULATIONS OF THE CIVIL SERVICE BOARD OF THE CITY OF CORPUS CHRISTI BY ADDING ARTICLE XX PROVIDING FOR THE ADOPTION AND ADMINISTRATION OF THE POSITION CLASSIFICATION PLAN FOR ALL OFFICES AND POSITIONS IN THE CLASSIFIED SERVICE", BY AMENDING SECTION 4, ARTICLE 20 AS AMENDED BY ADDING A NEW POSITION TO THE OFFICE MACHINE OPERATION SERIES OF THE ADMINISTRA- TIVE AND CLERICAL GROUP OF A NEW CLASS 'TITLE, "PRINCIPAL TABULATING EQUIPMENT OPERATOR" IN CLASS GRADE 20; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye The foregoing ordinance was passed by the following.vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye ORDINANCE NO. 5264 APPROPRIATING THE SUM OF $256,000.00 OUT OF FUND NO. 230, BRIDGE REMOVAL AND RELOCATION BOND FUND, AND AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TEXAS, A CONTRACT WITH NUECES COUNTY FOR THE PAVING OF APPROXIMATELY 12,500 FEET OF APPROXIMATELY TWENTY-FOUR (24) FEET WIDE.PAVING EXTENDING FROM A POINT NORTH OF THE PRESENT BARGE BRIDGE CHANNEL CROSSING IN A WESTWARD DIRECTION AND ACROSS THE NEW TULE LAKE LIFT BRIDGE TO THE PRESENT PAVING ON SHELL ROAD, AND FOR THE LOWERING, ADJUSTING, RELOCATION AND CASING OF PIPE LINES NOW EXISTING WHICH WILL BE CROSSED BY THE ROAD AND RAILROAD, EXTENDING SOUTHWARD FROM THE SOUTH APPROACH OF THE SAID LIFT BRIDGE; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye The foregoing ordinance was passe& by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonadp Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye ORDINANCE NO. 5265 AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TEXAS, A CONTRACT WITH BERTHA WEIL, ALEX WEIL, ET AL, THE OWNERS OF CERTAIN PROPERTY HEREIN DESCRIBED, FOR THE PURCHASE OF CERTAIN PORTIONS OF SAID PROPERTY NEEDED BY THE CITY AS A PART OF THE TULE LAKE LIFT BRIDGE PROJECT; APPROPRIATING THE SUM OF $270,000.00 OUT OF FUND NO. 230, BRIDGE REMOVAL AND RELOCATION BOND FUND, FOR THE PURCHASE PRICE THEREOF; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: �l Farrell D. Smith W. J. Roberts B. E. Bigler Manuel P. Maldonado Charlie J. Aills Arthur R. James Odell Ingle The foregoing ordinance was passed by the following vote: Farrell D. Smith W. J. Roberts B. E. Bigler Manuel P. Maldonado Charlie J. Aills Arthur R. James Odell Ingle Aye Aye Aye Aye Aye Aye Aye Aye Aye Aye Aye Aye Aye Aye Mayor Smith invited anyone in the audience with petitions or information for the Council on matters not scheduled on the agenda to come forward and be heard.' A. George Aboud, speaking for himself, read a letter he had written to the Council praising the administra- tion for their achievements and urged their seeking re-election. Mayor Smith stated that the Council is considering the use of surplus funds in the General Fund Account to defray the cost of Air Conditioning the Coliseum without having to sell the bonds which were voted in the recent election, but that a study was being made of the funds available in view of another plan to use funds from this same surplus for an expanded street repair and seal coating treatment program Motion by Bigler, seconded by Ingle and passed that the meeting be adjourned. RESENT: Mayor Farrell D. Smith Commissioners: W. J. Roberts B. E. Bigler Manuel P. Maldonado Charlie J. Aills Arthur R. James Odell Ingle SPECIAL COUNCIL MEETING February 5, 1959 2:00 P. M. City Manager Herbert W. Whitney City Attorney I. M. Singer City Secretary T. Ray Kring Mayor Farrell D. Smith called the meeting to order.' City Secretary Kring called the roll of those in attendance. Mayor Smith announced the Council would hear the City Manager's Reports. Motion by Bigler, seconded by Maldonado and passed that.the award of contract for Grading at the South Approach of the Tule Lake Bridge, including Interchange and Joint Railroad Yards, be made to Heldenfels Brothers in the amount of $391,752.00, as concurred in by the Corps of Engineers. Motion by Ingle, seconded by James and passed that $4,500.00 be appropriated from No. 295 Storm Sewer Bond Fund to cover preliminary engineering costs for Project #3-53-6, Airport Storm Sewer in the amount of $2,500.00, Project #3-54-11, Molina Storm Sewer in the amount of $1,000.00, and Project No. 3-56-14, Various Storm Sewers in the amount of $1,000.00. Motion by James, seconded by Bigler and passed that the City Manager be authorized to enter into an agree- ment with H. T. Bailey with regard to digging a drainage ditch for the City from the intersection of Williams Drive and Airline Road to a point in South Staples at the intersection of Bonner Drive and South Staples, the City to provide the necessary engineering services and adequate culvert under Airline Road, and Mr. Bailey to obtain all th necessary easements for the benefit of the City, and Mr. -Bailey to acquire the excess dirt. Motion by Bigler, seconded by Maldonado and passed that Harry Dobbs be appointed Substitute Judge for Corporation Court, at the pro rata salary of the Corporation Court Judge. Motion by Ingle, seconded by Maldonado:and passed that the award of contract for the Runway and,Taxiway Lighting for the Corpus Christi Municipal Airport be awarded to Scott Electric Company on the basis of their low �9(a), bid plus alternates 7(a)and 11(a) in the amount of $220,262.99. 109 Motion by Bigler, seconded by Roberts and passed that the award of contract for the Terminal and Control Tower Buildings for the Corpus Christi Municipal Airport be awarded to Braselton Construction Co. at their base bid of $1,184,000.00, subject to the following deductions and additions as may be made by the City Manager upon approval of the City Council and the C.A.A.: The substitution of Electro -Air Filters for Minneapolis -Honeywell Filters, in the Air Conditioning, fof;.a deduction of $1500.00; The use of DuKane equipment in lieu of R.C.A. equipment in the Electrical work, for a deduction of $1500.00; The addition of the non -participating items of Insurance Counter for $600.00; two Drinking Fountains for $550.00; Tackboards for $100.00; and Aluminum, Glasa: Ito ORDINANCE NO. 5267 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO ENTER INTO A CONTRACT WITH LAY CONSTRUCTION COMPANY, FOR FURNISHING LABOR AND MATERIALS NECESSARY TO LIGHT BASEBALL FIELD, EVELYN PRICE PARK, COMPLETE AND INSTALLED; APPROPRIATING AND REAPPROPRIATING THE SUM OF $10,800.00 OUT OF GENERAL FUND 102, PARK DIVISION BUDGET CODE 502; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye' Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith W. J. Roberts B. E. Bigler Manuel P. Maldonado Charlie J. Aills Arthur R. James Odell Ingle Aye Aye Aye Aye Aye Aye Aye ORDINANCE NO. 5268 AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TEXAS, A CONTRACT WITH HELDENFELS BROTHERS FOR GRADING WORK IN CONNECTION WITH THE SOUTH APPROACH FOR THE TULE LAKE BRIDGE, PROJECT NO. 13-55-1, UNIT VI; APPROPRIATING THE SUM OF $410,000.00 FROM NO. 230 BRIDGE REMOVAL AND RELOCATION FUND, OF WHICH $391,752.00 IS FOR THE CONSTRUCTION CONTRACT AND $18,248.00 IS FOR CONTINGENCIES AND LABORATORY CONTROL AS REQUIRED; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills' Aye Arthur R. James Aye Odell Ingle Aye ORDINANCE NO. 5269 APPROPRIATING THE SUM OF $4,500.00 OUT OF NO. 295, STORM SEWER BOND IMPROVEMENT FUND FOR CITY ENGINEERING REQUIREMENTS THROUGH JULY 31, 1959, IN CONNECTION WITH STORM SEWER PROJECTS OF WHICH AMOUNT $2,500.00 IS FOR PROJECT NO. 3-53-6, AIRPORT STORM SEWER; $1,000.00 IS FOR NO. 3-56-14, VARIOUS STORM SEWERS; $1,000.00 IS FOR NO. 3-54-11, MOLINA STORM SEWER; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith W. J. Roberts B. E. Bigler Manuel P. Maldonado Charlie J. Aills Arthur R. James Odell Ingle Aye Aye Aye Aye Aye Aye Aye ORDINANCE NO. 5270 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO ENTER INTO AN AGREEMENT WITH H. T. BAILEY CONSTRUCTION CO., INC., FOR THE EXCAVATION OF A DRAINAGE DITCH FROM AIRLINE ROAD TO THE GARDENDALE ADDITION, A COPY OF WHICH AGREEMENT IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: I The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye ORDINANCE NO. 5271 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A CONTRACT WITH BRASELTON CONSTRUCTION COMPANY IN THE AMOUNT OF $1,262,950.00 FORCCON- STRUCTION OF STAGE #2 AIRPORT IMPROVEMENTS, PROJECT NO. 10-56-6.1; APPROPRIATING FROM NO 245 AIRPORT BOND FUND THE SUM OF $1,418,204.00, OF WHICH $1,262,950.00 IS FOR THE CONSTRUCTION CONTRACT, $63,147.50 IS FOR CONSTRUCTION CONTINGENCIES, 10-56-6.2, $41,045.88 IS FOR ENGINEER- ING AND ARCHITECTUAL DESIGN, 10-56-6.3, $22,101.62 IS FOR ENGINEERING AND ARCHITECTUAL SUPER- VISION, 10-56-6.4, $25,290.00 IS FOR INSPECTION AND LAB CONTROL, 10-56-6.5, AND $3,700.00 IS FOR ADMINISTRATIVE EXPENSE BY THE CITY OF CORPUS CHRISTI, 10-56-6.6; AUTHORIZING THE CITY MANAGER TO ACCEPT CERTAIN DEDUCTIONS FROM THE CONTRACT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith W. J. Roberts B. E. Bigler Manuel P. Maldonado Charlie J. Aills Arthur R. James Odell Ingle The foregoing -ordinance was passed by the following vote: Farrell D. Smith W. J. Roberts B. E. Bigler Manuel P. Maldonado Charlie J. Aills Arthur R. James Odell Ingle Aye Aye Aye Aye Aye Abstained Aye Aye Aye Aye Aye Aye Abstained Aye Commissioner James stated that he had abstained from voting on the foregoing ordinance because he believes the price is too high. ORDINANCE NO. 5272 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TEXAS, TO EXECUTE A CONTRACT WITH SCOTT ELECTRIC COMPANY IN THE AMOUNT OF $220,262.99 FOR THE CONSTRUCTION OF STAGE 3, AIRPORT IMPROVEMENTS, PROJECT 10-56-7.1; APPROPRIATING FROM NO. 245, AIRPORT BOND FUND, THE SUM OF $248,000.00, OF WHICH $220,262.99 IS FOR THE CONSTRUCTION CONTRACT, 10-56-7.1.; $11,020.01 IS FOR CONSTRUCTION CONTINGENCIES, 10-56-7.2; $7,158.00 IS FOR ENGINEERING DESIGN, 10-56-7.3; $3,854.00 IS FOR ENGINEERING SUPERVISION, 10-56-7.4; $4,405.00 IS FOR INSPECTION AND LABORATORY CONTROL, 10-56-7.5; AND $1,300.00 IS FOR ADMINISTRATIVE EXPENSE BY THE CITY, 10-56-7.6; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye CHarlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye The foregoing ordinance was passed.by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye r Odell Ingle Aye ORDINANCE N0. 5273 APPROPRIATING THE SUM,'OF $5,000.00 FROM PARK TRUST FUND 111 FOR PREPARATION OF PLANS AND SPECIFICATIONS BY THE PARK DEPARTMENT AND SUBJECT TO THE APPROVAL OF THE CITY COUNCIL AND INSTALLATION OF THE IMPROVE- MENTS AUTHORIZED BY THE CITY COUNCIL IN NORTH POPE PARK IN THE CITY OF CORPUS CHRISTI; AND DECLARING AN EMERGENCY. Iff ,j. 112 The Charter Rule was suspended by the following vote: , Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye, W. J. Roberts Aye B. E. Bigler Aye., Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye ORDINANCE NO. 5274 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A GRANT AGREEMENT WITH THE FEDERAL AVIATION AGENCY FOR FEDERAL AID UNDER THE FEDERAL AIRPORT ACT FOR STAGE #2 AND STAGE #3 CONSTRUCTION OF THE NEW CORPUS CHRISTI MUNICIPAL AIRPORT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye. Arthur R. James Aye, Odell Ingle Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye, Arthur R. James Aye, Odell Ingle Aye There being no further business to come before the Council, the special meeting was adjourned. PRESENT: Mayor Farrell D. Smith Commissioners: W. J. Roberts B. E. Bigler Manuel P. Maldonado Arthur R. James Odell Ingle matters. SPECIAL COUNCIL MEETING February 10, 1959 2:00 P. M. City Manager Herbert W. Whitney City Attorney I. M., Singer City Secretary T.,Ray Kring Mayor Farrell D. Smith called the meeting to order. City Secretary Kring called the roll of those in attendance. Mayor Smith announced the purpose of the special meeting was to.hold public hearings on some zoning First was the application of Mr. and Mrs. Victor 0. Cook for a Special Council Permit to operate a pri- vate school on Lots 19 and 20, Block 7, Ocean View Addition, being that property at 1506 Sixth Street. Mayor Smith read the background information of the application and the recommendation of the Zoning & Planning Commission for approval in the name of the applicants, Mr. & Mrs. Victor 0. Cook, subject to the following conditions: 1. The hours being from 6:45 a.m. to 7:00 p.m.; 2. The age of the children attending the school being from two through eight years; 3. Any sign being limited to a maximum of 3 sq.ft. in area placed flatwise on the building proper, each sign to have no luminous or neon lighting; 4. Permit extended to the Cooks as owners with power to lease; 5. Permit being only for the purposes stated by the applicants, namely a private school with music and dancing as secondary subjects; 113 6. Subject to review of the use and occupancy at any time by the Zoning & Planning Commission Mr. Robert Burr, Senior Planner, located the property in question on the map, and pointed out the land uses in the area. No one appeared in opposition to the application. Mr. Dave Coover, attorney for the applicants, stated that the purpose of the application was to relocate the Merry Dell School which is a necessary part of our system of living with so many working mothers, and that Mrs. Fisher, who operates the school, would not want to lease the property with the possibility of a future sale of the property, which would automatically cancel her Special Council Permit. Permit II Motion by Ingle, seconded by Maldonado and passed that the hearing be closed, and the Special Council/ be granted to the property owner subject to the conditions as recommended by the Zoning & Planning Commission. Next was the application of C. C. Tiibble for a change of zoning from 11R-2" Two -Family Dwelling Dis- trict to "B-3" Secondary Business District on all of Lot 15, Woodlawn Addition lying south of Leopard Street (High- way 9) and situated at the southeast corner of Leopard Street (Highway 9) and Elmore Drive. Mayor Smith read a letter from the attorney for the applicant, requesting a postponement of the hear- ing for approximately 4 weeks. and be heard. Mayor Smith invited anyone in the audience who had come to speak on this application to come forward No one appeared. Motion by Roberts, seconded by Ingle and passed that the foregoing hearing be postponed at the request of the applicant's attorney, and be re -set for March 11 during the Regular Council Meeting. Next was the application of Victor Moses for a change of zoning from 11R-1" One -Family Dwelling District to 11B-1" Neighborhood Business District on those certain tracts or parcels of land out of the May Tract in the City of Corpus Christi, lying on the north and south sides of Hayward Drive between W. B. Ray Heights Subdivision and the Southwest boundary of South Staples Street, being designated on a preliminary plat on file in the office of the Zoning & Planning Commission as Blocks 7 and 8, W.B. Ray Heights Unit 3. Mayor Smith read the recommendation of the Zoning & Planning Commission that the requested zoning for Lot 7, being the property on the north side of Hayward Drive be denied in its entirety on the basis that the request is not in the public interest and this lot is not the proper place for business zoning, and that the requested zon- ing for Lot 8, being that property on the south side of Hayward Drive be denied on the basis that although this property is located between one -family and occupied business property, it is located at the major entrance to an established neighborhood of one -family dwellings and it should be treated as residential property and considered as a lot or lots facing Hayward Drive and, while it should be continued as one -family use, it might conceivably be developed as duplex or multiple -dwelling property. Mr. Burr explained the background of the application and located the property on'the map. Mr. Harry Hoag, engineer for Mr. Moses amended the application and requested an "A-2"**. ning for Lot 7 for use for doctors' offices and "B-1" to remain on Lot 8 for Mr. Moses store, since it is necessary for him to relocate his business as substantiated by a letter from the Highway Department stating that they contemplate taking his property on Antelope Street for Right-of-way purposes. He presented a petition of 49 signatures in favor of the application. Mr. Moses stated that he had reserved the frontage for business before the development of Casa Linda Addition. The following appeared and presented a petition in opposition to any change in zoning or use of the property for other than residential property on the basis of no public need or necessity for additional business in the area, devaluation of their homes, and a traffic hazard for children who are within easy walking distance of four schools in the area: 114 A. R. Howard, 1301 Casa Verde Mrs. James E. Layton, 3414 Casa Bonita Fred Myrick, real estate broker Mrs. E. R. Moore, 3410 Casa Bonita Mrs. Clyde H. Issacks, 1117 Hayward Drive Harold A. Carr, 1201 member of Unitarian Church Rev. Alfred J. Henriksen, 1201 Ray Drive Mr. Zarris Casa E. K. Moore, 3410/Bonita Motion by Roberts, seconded by Bigler and passed that the hearing be closed and the application taken under advisement. There being no further business to come before the Council, the Special Meeting was adjourned. PRESENT: Mayor.Farrell D. Smith Commissioners: W. J. Roberts B. E. Bigler Manuel P. Maldonado Charlie J. Aills Arthur R. James Odell Ingle REGULAR COUNCIL MEETING February 11, 1959 2:00 P. M. City Manager Herbert W. Whitney City Attorney I. M. Singer City Secretary T. Ray Kring Mayor Farrell D. Smith called the meeting to order. The Invocation was given by Reverend Mark Williams, of St. John's Methodist Church. City Secretary Kring called the roll of those in attendance. Motion by James, seconded by Maldonado and passed that the minutes of the Regular Meeting of February 4 and the Special Meeting of February 5 be approved. Mayor Smith announced the Council would next hear the City Manager's reports. Motion by Maldonado, seconded by James and passed that Bur -Tex Constructors, Inc. be granted an addi- tional 21 -day extension of time for completion of the Westside Sewer Trunk Line, and that L. P. Sholl be granted a 45 -day extension of time for completion of the Seal Coating of approximately 12 miles of Streets, both due to the rains during December and January. Motion by Bigler, seconded by James and passed that the date of February 25, during the Regular Meeting, be set for a public hearing on the request of property owners for a change in name from Rabbit Run Road to Greenwood Drive. Motion by Roberts, seconded by James and passed that the date of February 18, during the Regular Meet- ing, be set for a public hearing on the request of taxicab companies for a change in Taxicab Passenger Rates. Motion by Bigler, seconded by Roberts and passed that the acceptance of the construction of the Break- water and Rock Removal by Scrivner and Richardson, and final payment in the amount of $47,794.00, be deferred until the receipt of written concurrence in the recommendation by the Nueces County Navigation District. RESOLUTION NO. 5275 EXPRESSING INTEREST IN DETERMINING AND KEEPING LOCAL SELF-GOVERNMENT UNRESTRICTED BY STATE- WIDE REGULATION, AND PARTICULARLY VOICING OPPOSITION TO HOUSE BILL 60 AND FAVORING ADOPTION OF HOUSE BILL 173, NOW PENDING IN THE HOUSE LEGISLATURE; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Farrell D. Smith W. J. Roberts B. E. Bigler Manuel P. Maldonado Charlie J. Aills Arthur R. James Odell Ingle The foregoing ordinance was passed by the following vote: Farrell D. Smith W. J. Roberts B. E. Bigler Manuel P. Maldonado Charlie J. Aills Arthur R. James Odell Ingle Aye Aye Aye Aye Aye Aye Aye Abstained Aye Aye Aye Abstained Aye Aye An ordinance receiving the work of construction of the Breakwater and Rock Removal was deferred. s i�U ORDINANCE NO. 5276 AMENDING ORDINANCE 4834, PASSED AND APPROVED ON THE 7TH DAY OF AUGUST, 1957, AS AMENDED, SO AS TO PROVIDE FOR THE WAIVING OF GREEN FEES AT THE DISCRETION OF THE CITY MANAGER, PARK AND RECREATION BOARD, AND THE DIRECTOR OF THE PARK AND RECREATION DEPARTMENT FOR CONTESTANTS WHILE PARTICIPATING IN OFFICIAL JUNIOR CHAMPIONSHIP TOURNAMENTS; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye ORDINANCE NO. 5277 AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE RELEASE OF SPECIAL ASSESSMENT AS FOLLOWS: IN THE AMOUNT OF TWO HUNDRED SEVENTY-SIX AND 65/100 ($276.65) DOLLARS AGAINST THAT CERTAIN PROPERTY FRONTING L29 FEET ON THE WEST SIDE OF SOUTH STAPLES STREET, DESCRIBED AS LOT NO. 11, BLOCK NO. 3 OF ARCADIA SUBDIVISION, AND THE OWNER THEREOF, ANNALIE C. PEASTER, A COPY OF WHICH RELEASE IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye Mayor Smith invited anyone in the audience with petitions or information for the Council on matters not led on the agenda to come forward and be heard. Mr. John Pichinson, attorney, representing the Ocean Drive Home Owners' Association, protested against the dumping of dirt, garbage and debris for fill on the Bluff area and describing the unsightly condition of the Bluff, requested that the,Council immediately take action to pass an ordinance to solve the problem. In the discussion which followed with the Council and members of the Association, Mr. Jack Moddesett ob- jected to the speed limits on Ocean Drive as being too fast; Mrs. Arthur Durham, president of the Association, was most concerned about preserving the beauty of Ocean Drive as a residential street and felt that the elimination of the "S" Curve would accelerate the speed of traffic; Mrs. Guy Warren felt that reducing the speed limit from 45 miles to 30 miles per hour would result in less loss of life and less injury to persons and property damage. Mayor Smith pointed out that statistical information shows that the greatest majority of accidents occurr- ed at the various curves in Ocean Drive and not on the straight-away areas, but felt that an over-all reduction in the speed, properly policed would be helpful, and that in the matter of the dumping of debris, that it had gone on too long and has become a strain on the pride of all citizens in the appearance of our City, and suggested that per- haps posts could be driven to prevent trucks from getting onto the Bluff and that a cut be made to allow the trucks to drive down to the lower level to help with the fill but still preserve the beauty of the Drive. Motion by Roberts, seconded by Aills and passed that the Legal Department make a study of the problems, confer with the spokesman of the Association and prepare an ordinance which will be both practical and enforceable in regulating and controlling the dumping of debris and fill on Ocean Drive property. 116 4 In answer to a question from Mr. Pichinson, Mayor Smith stated that the City was not irretrievably com- mitted to the elimination of the curve on Ocean Drive, but that the advice of the Traffic Engineer and the Zoning & Planning Commission was for elimination of the curves in various parts of the City to increase the better flow of traffic on the basis that the rate of speed could be controlled independently. Mrs. Maston Nixon, stated that she has a meeting on the matter on Monday afternoon with the Traffic Safety Advisory Board, and Mrs. Dougherty Carr and Mrs. Lucy Welsh also spoke in support of the reducing of the speed limit to 30 miles per hour and not eliminating the curve. Motion by Bigler, seconded by Roberts and passed that the matter of the speed limits on Ocean Drive be referred to the Traffic Safety Advisory Board for study and recommendation to the Council. Mr. Cecil Proctor, 2600 N. Shoreline, presented a petition of 72 signatures of property owners, address- ed to the Mayor and City Council and to the County Judge and Commissioners' Court, requesting that the name of "North Beach" be changed to "Corpus Christi Beach". (See Petition #5 in File.) Mayor Smith announced the Council would next hold the public hearing on the Alameda Street Improvements and proposed assessments to the abutting property owners from Doddridge to the Golf Course, and explained the City's assessment policy. Assistant City Attorney Milton Walton and Director of Public Works Drahn Jones, by questions and answers, testified in detail as to the specifications for the improvements as to construction and the City's policy whereby the cost of improvements at intersections of streets are paid for by the City and not assessed against any property owner. The plans and specifications were marked by the City Secretary as "Exhibit All for the record. All improve- ments are within the City Limits. Alameda Street is to be a 64" - face to face of curb - 4" hot mix asphalt base and surface with 11" lime stablized clay base, paved street. The rate of assessment per square foot of sidewalks is $0.43665, for concrete driveway is $0.7455, and for curb and gutter is $1.75725 per linear foot. The residential rate is $5.95530 per front foot, and $10.96427 for business property. The residential rate per front foot is 40% of the actual contract price for pavement, curb and gutter for a 30' street, and the amount of assessment is based upon the linear foot improvement times the rate times,1% for each foot of depth from Alameda Street limited to a maximum of 100' or a minimum depth of 50'. The business rate is 40% of the actual contract price for a 64' street, and the amount of business assessment is based on the linear feet of improvements times the rate, regardless of depth. The sidewalk amount is 80% of ttie cost based on contract price, and the driveway amount is 100% of the cost. Avalon Street from Everhart to Alameda is to be the same paving specifications except it is to be a 30' street, and the same assessment rates as for Alameda excepting that the business rate per front foot is $5.95530. Everhart Road from Alameda to Avalon is to have the same paving Specifications except it is to be a 44' street, and the same assessment rates excepting that the business rate per front foot is $8.01781. is a 301itreet Robert Drive/from 30' south of the south right-of-way line of Avalon Street to 40' northeast of the north and rates east right-of-way line of Alameda Street is to have the same paving specifications/except that the business rate per front foot is $5.9553. Airline Road from 120' north of the centerline of Alameda Street to 120' south of the centerline of and rates Alameda Street is to have the same specifications,/except it is to be a 44' street, and the business rate per front foot is $8.01781. The total contract price for the improvements is $524,351.52 of which the total assessments against pri- vate property owners is $235,811.56 and the City's portion of the contract cost is $288,539.96. Mr. Fred Quaile and Mr. W. N. Cooper stated their qualifications as real estate appraisers, and testified to the fact that they had each inspected each of the properties involved in the assessment program, and had made other independent investigations of comparable sales and experiences of property owners on recently improved streets in the City, and testified that in their opinion, each of the properties would be specially benefited_ and enhanced in value at least to the extent of the assessment against each of the properties, with the following exceptions: Turner Oil property assessment should be reduced in total by $2,000, due to the fact that the company was being assessed on three sides, and that after making such reduction, the property would be specially benefited and enhanced by at least the amount of the remaining assessment; 117 T. M. Gannaway property assessment should be reduced by 20% on Lot 1 which is directly across the street from the Turner Oil property, but that the assessments on Lot 2 and 3 are all right. The following persons appeared to ask questions about the improvements and assessments, or to protest against assessment on the basis that all improvements of sidewalks were entirely on City property, or that since they are denied access to.Alameda Street by way of driveway or entrance, they should not be assessed: J. E. Carroll, Pope Place No. 1, Block 3, Lot 12, asked how credit was arrived at for .existing curb and gutter; his assessment was explained to him; George L. Richard, Pope Place No. 1, Block 7, Lot 14, did not feel there was any benefit or increase of value to his property; Delbert Bowen, Pope Place No. 1, Block 11, Lot 15, felt the City in general shoild pay for the improvement of the street as the whole City benefits, not the particular property owner; Joe C. Tillman, Pope Place No. 2, Block 14, Lot 15, said he had been told that at the time Pope Place was subdivided money had been put in escrow by the developers towards payment of this improvement. He was informed that there had been money put in escrow for park development, but not for street im- provements; Paul W. Kidwell, Pope Place No. 2, Block 14, Lot 14, wanted curb, gutter and sidewalk to be continuous with no space between curb and sidewalk; and wanted to know who was going to maintain the City property between the sidewalk and his property line; and did not feel the property owner should be required to pay for the increased cost of the street due to higher specifications; Norman.R. McAnally, Pope Place No. 2, Block 15, Lot 15, felt abutting property owner should be assessed only for residential street, and City in general should pay the difference for the arterial street; Joseph I. Thompson, Pope Place No. 4, Block 22, Lot 11, objected to any assessment since he is denied access to Alameda for driveway etc.; Mr. Horne, representing Guaranty Title & Trust Co., Pope Place No. 5 Shopping Center, Lots A.B and C, suggested that the sidewalks, and all of Everhart improvement should be eliminated until such time as it is developed; Harold Marston, Marston Rental Co., Avalon Place, Block 2, Lots 11, 10 and 9, asked that the side- walks on his property be deleted as they would be of no benefit to the property or the public, also delete the Everhart and Avalon Street improvements at this time for the same reason,.and asked for some credit due to the shape of his property; and submitted a written objection to theassessments as being inequitable; John Mendelski, Avalon Place, Block 2, Lot E, asked that his sidewalks be eliminated if any others are deleted; T. M. Gannaway, Jr., Avalon Place, Block 2, Lots 3, 2 and 1, felt there was no need, necessity or benefit in the sidewalks or for Everhart or Avalon at this time; Z. C. Birnbert, Alameda Park, Block 1, Lot 11, asked that the curb be put at the edge of the side- walk so he could continue to have the head -in parking that he now has; William Shireman, attorney representing Frank Cech, F.B. & E.F. & G. Tracts, Section 2, Lots 6 & 7, stated that although the City is assuming a 100' right-of-way in front of his client's property, that there has never been any conveyance by Mr. Cech, only dedicated right-of-way is 401, and said he did not believe there can be an assessment against a property for paving a road where the City does not have the right-of-way; John H. Cain, Cullen Place No. 3, Block 34, Lot 15; W; F. Duffard, Lamar Park No. 2, Block 10, Lot 1, objected to the street assessment, but was strongly in favor of the sidewalks for the safety of the school children; Wm. H. Bloch, Lamar Park No. 6, Block 18, Lot 28, objected to the entire assessment program, and particularly to the sidewalks, on the basis that he did not want either the additional vehicular traffic speeding past his house, or pedestrians walking past his windows, and further stated there was an error in arithmatic of $100.00 in his assessment; Larry Atkins, representing Betty L. Atkins, Lamar Park No. 6, Block 19, Lot 1, felt that widening the street was not going to enhance the value of the property; 0. B. Roquemore,,Jr., Lamar Park No. 9, Block 25, Lot 1, felt it was unfair to assess him for the depth of his property, deny him access to the street by way of a driveway, and then make him pay for a heavy duty street besides; The Council questioned the assessment for Carmelite Sisters, W. E. Pope 170.14 Acre Tract, as to whether or not credit had been allowed for existing sidewalk, curb and gutter, and asked that it be checked; Leslie Chappell, representing the Lutheran Church who has recently bought the W. R. Reid property, Brookdale, Lot C, submitted a written petition for any special consideration in reduction of their assessment due to the heavy burden on a young and struggling congregation, stated that they did not know whether or not there would be any need for sidewalks in their plans for the Church; and Mr. Chappell was asked to submit plans to the Council as to what the Church proposes to build; Rev. Mark B. Williams, representing St. John's Methodist Church, F.B. & E.F. & G. Tracts, Section 15, E. 200.06' of Lot 13, submitted a written request for a substantial reduction in their assess- ment, and stated that there is a similar situation with regard to this property as for the Lutheran Church; and they will also submit proposed plans; 118 M. G. Frich, Avalon Place, Block 2, Lot C, objected to the paving of Everhart at this time, and requested that his property be paved right up to the building so he can have drive-in parking in the front of his building; Tec Anderson, attorney representing himself and others in a line, Alameda Park, Block 1, Lot 5, presented a plat of the properties with the sidewalks moved back to the buildings so the rest of the area could be used for parking; LeRoy Lain, Chairman of the Safety Committee of Wilson and Hamlin Schools, urged that the sidewalks be constructed on both sides of the Street for the Safety of the Children attending the schools and using the community playgrounds in the area; Paul Rice, Director of Traffic Engineering, stated that the sidewalks were definitely needed on both sides of the street for the protection of the foot traffic connected with the three schools in the area; A telegram of objection to a sidewalk along his property and to the sidewalk assessment, was received and noted for A. M. Dampier Jr., Pope Place No. 1, Block 11, Lot 16; Requested adjustments and corrections based on requests and objections by property owners appearing were noted to be considered by the Council in the final assessments, and to be adjusted and corrected in those cases wher the Council deems it advisable, by subsequent ordinance. Everyone present who wished to be heard having spoken, motion by Bigler, seconded by James and passed that the hearing be closed, and the matter taken under advisement. There being no further business to come before the Council, the meeting was adjourned. PRESENT: Mayor Farrell D. Smith Commissioners: W. J. Roberts B. E. Bigler Manuel P. Maldonado Arthur R. James Odell Ingle REGULAR COUNCIL MEETING February 18, 1959 2:00 P. M. City Manager Kerbert W. Whitney Asst City Attorney Milton Walton City Secretary T. Ray Kring Mayor Farrell D. Smith called the meeting to order. The Invocation was given by Reverend J. E. Roberson, of the First Church of God. City Secretary Kring called the roll of those in attendance. Motion by James, seconded by Maldonado and passed that the absence of Commissioner Aills be excused. Motion by Bigler, seconded by Ingle and passed that the minutes of the Special Meeting of February 10 and of the Regular Meeting of February ll be approved. Mayor Smith announced the Council would next take action on two pending items. Motion by Bigler, seconded by James and passed that the application of Victor Moses for a change of zoning from "R-11! One -Family Dwelling District to 11B-1" Neighborhood Business District on those certain tracts or parcels of land out of the May Tract in the City of Corpus Christi, lying on the north and south sides of Hayward Drive between W. B. Ray Heights Subdivision and the southwest boundary of South Staples Street, being designated on a preliminary plat on file in the office of the Zoning & Planning Commission as Blocks 7 and 8, W. B. Ray Heights Unit 3, on which public hearing was held on February 10, 1959, be approved for "A-2" Second Apartment House District for Lot 8, which adjoins the applicant's existing business, subject to a plat acceptable to the Zoning & Planning Commission providing parking on the south side but not on the Hayward Drive side; and that any rezoning of Lot 7 be denied. Motion by Roberts, seconded by Bigler and passed that the date of February 25, during the regular meet- ing, be set for a public hearing on the request of The North Beach Business Men's Association for a change of name from "North Beach" to "Corpus Christi Beach". Motion by Bigler, seconded by Roberts and passed that the name of South Texas Cotton Oil Company be sub- stituted for the name of R. W. Duncan in connection with the acquisition of right-of-way for the Agnes -Laredo Street project with regard to property described as the south portion of Lots 3,4,7 and 8, Block 14, of Patrick Webb Addition, and south portion of Lots 49 through 54, Block 1, Steele Addition. Motion by Bigler, seconded by Roberts and passed that an ordinance be prepared for subsequent action by the Council, setting forth the procedure to be followed for the furnishing of sewer service to lots in sections of 119 the City which have not received sewer service through subdivision development or -earlier lateral extension pro- grams, in accordance with the plan outlined by City Manager Whitney, which plan will incorporate a method of in- stallment payment for the service. Motion by Bigler,'seconded by James and passed that the proposed 25 -foot dedication of right-of-way for street purposes by property owners along Palmetto Street between Ocean Drive and Kentner lie accepted. ORDINANCE NO. 5278 AMENDING ORDINANCE NO. 5035 PASSED AND APPROVED BY THE CITY COUNCIL ON THE 7TH DAY OF MAY, 1958, BY AMENDING SECTION -13 OF SAID ORDINANCE, CORRECTING THE NAMES OF THE OWNERS AND CORRECTING AND ADJUSTING THE ASSESSMENTS LEVIED AGAINST ABUTTING PROPERTY OWNERS ON KOSTORYZ ROAD FROM THE SOUTHWEST PROPERTY LINE OF SOUTH STAPLES STREET TO THE NORTHEAST BOUNDARY LINE OF LEXINGTON BOULEVARD; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. J. Aills Absent Arthur R. James Aye Odell Ingle Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith W. J. Roberts B. E. Bigler Manuel P. Maldonado Charlie J. Aills Arthur R. James Odell Ingle Aye Aye Aye Aye Absent Aye Aye ORDINANCE NO. 5279 RECEIVING AND ACCEPTING THE CONSTRUCTION IN CONNECTION WITH THE BREAKWATER AND ROCK REMOVAL PROGRAM AT THE SHIP CHANNEL AS PART OF PROJECT NO. 13-56-2.4, PERFORMED BY SCRIVNER & RICHARDSON, CONTRACTORS, UNDER THEIR CONTRACT WITH THE CITY DATED AUGUST 18, 1958, AS AUTHORIZED BY ORDINANCE NO. 5126, AUTHORIZING PAYMENT OF FINAL ESTIMATE NO. 3, IN THE AMOUNT OF $47,794.00 FROM NO. 230, BRIDGE REMOVAL AND RELOCATION FUND, FROM FUNDS PREVIOUSLY APPROPRIATED; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Absent Arthur R. James Aye Odell Ingle Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith W. J. Roberts B. E. Bigler Manuel P. Maldonado Charlie J. Aills Arthur R. James Odell Ingle Aye Aye Aye Aye Absent Aye Aye ORDINANCE NO. 5280 REPEALING ORDINANCE NO. 4591, PASSED AND APPROVED ON THE 25TH DAY OF JULY, 1956; AMENDING ORDINANCE NO. 3656, PASSED AND APPROVED ON THE 10TH DAY OF FEBRUARY, 1954, AS AMENDED, BY DELETING CERTAIN"'TITLES, AS HEREINAFTER LISTED, FROM THE ADMINISTRATIVE AND EXECUTIVE GROUP AND BY ADDING CERTAIN OTHER TITLES, AS HEREINAFTER LISTED, TO THE ADMINISTRATIVE AND EXECUTIVE GROUP; AMENDING ORDINANCE NO. 3658, PASSED AND APPROVED ON THE 10TH DAY OF FEBRUARY, 1954, AS AMENDED, BY DELETING CERTAIN TITLES, AS HEREINAFTER LISTED, FROM THE ADMINISTRATIVE SERIES OF THE ADMINISTRATIVE AND CLERICAL GROUP; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E.'Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Absent A thur R. James Aye Ordell Ingle Aye 120 ORDINANCE NO. 5281 AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, A GUARANTY OF COST AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; AND AUTHORIZING AND DIR9CTING THE CITY MANAGER TO ACCEPT, FOR AND ON BEHALF OF THE CITY, A REVISED MEMORANDUM OF UNDERSTANDING BETWEEN THE DISTRICT ENGINEER, GALVESTON DISTRICT, AND CITY OF CORPUS CHRISTI, TEXAS (BRIDGE OWNER), A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Absent Arthur R. James Aye Odell Ingle Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith W. J. Roberts B. E. Bigler Manuel P. Maldonado Charlie J. Aills Arthur R. James Odell Ingle Aye Aye Aye Aye Absent Aye Aye ORDINANCE NO. 5282 ACCEPTING A RIGHT OF WAY DEED FROM ERNEST M. POENISCH, JR., ET AL, FOR THE SOUTH 25 FEET OF LOT 6, SECTION 15 OF THE FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS FOR STREET RIGHT OF WAY FOR PALMETTO STREET EXTENDING FROM OCEAN DRIVE TO KENTNER STREET; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye' B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Absent Arthur R. James Aye Odell Ingle Aye... The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye FIRST READING OF AN ORDINANCE: AUTHORIZING AND DIRECTING THE CITY MANAPER OF THE CITY OF CORPUS CHRISTI, TEXAS, TO EXECUTE A CONTRACT BETWEEN THE CITY OF CORPUS CHRISTI AND V. L. ROSSI, INC., AND WILCO DEVELOPERS, INC., PROVIDING FOR THE ANNEXATION OF ALL OF LOTS 17 AND 18, SECTION 18, OF FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, SAVE AND EXCEPT PORTIONS THEREOF MORE SPECIFICALLY DESCRIBED IN THE SAID CONTRACT TO ANNEX, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF. That the foregoing ordinance was read for the first time and passed to its second reading on this the 18th day of February, 1959, by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P, Maldonado Aye Charlie J. Aills Absent Arthur R. James Aye Odell Ingle Aye Mayor Smith invited anyone in the audience with petitions or information for the Council on matters not scheduled on the agenda to come forward and be heard. City Manager Whitney presented a petition of 90 signatures of residents and/or property owners located on Elgin Street requesting drainage relief for the 2700, 2800, 2900, 3000, 3100, 3200, and 3300 blocks of Elgin Street. (See Petition #6 in File.) Motion by Bigler, seconded by Maldonado and passed that the petition be referred to the City Manager for investigation and recommendation. Mr. Vernon Smylie, president of Montclair P.T.A., Appeared with Mr. Roy Best, presented a drawing of the area involved, described the condition and asked for the City's assistance in the matter of providing side- walks on Kentner Street to the School with particular reference to a 4 -block area in which they had been unable to get the property owners to cooperate. 121 After some discussion of the problem, it was suggested that Mr. Best contact the dissenting property owner in the 4 -block area who owns three of the lots and try again to get him to cooperate with the rest of the pro- perty owners for the immediate sidewalk construction of the 9 -block area. Mr. Best requested that due to the progress of the Alameda Street drainage project, that Alameda be open- ed for one lane of traffic or that Alameda be blocked at Paloma Street to relieve the traffic problem on Kentner Street. It was decided after some discussion to have the City Manager study the situation in the light of safety and traffic need and do whatever he feels is necessary at this time. Mr. A. George Aboud, speaking for himself as a private citizen interested in traffic safety, presented newspaper articles and quoted figures and statistics and made comparisons with other cities in regard to traffic deaths, personal injuries and property damage, and insurance rates. He stressed driver education by way of many additional billboard signs to be placed where the greatest number of motorists travel. Mayor Smith explained that in recognition of the traffic safety situation in the City, and at the recom- mendation of City Manager Whitney,, more police officers for traffic control are to be added, and that since the greatest number of accidents have been on Lexington Boulevard where there are longer stretches of unimproved pro- perty and open road, it is felt that traffic safety signs will have more effect there without interfering with driver view or concentration. Mr. William Bloch, attorney, representing 37 residents on Furman Avenue, appeared protesting against the acquisition of the property at 823 Furman Avenue for the purpose of establishing the Parkway House for Girls there, on the basis that such usage would devaluate their homes. Ten residents on Furman Avenue identified themselves and stated the number of years they had lived on Furman. In the discussion which followed, it was explained that some time ago the zoning ordinance had been amend ed to permit this type of operation in an "A-1" First Apartment House District, but that it provides that not more than nine non -delinquent minors, plus one or two house mothers may occupy the premises and that no one appeared at the public hearing in opposition to the amendment, and that it was not within the Council's power or desire to inter fere in the private purchase or sale of property. Mr. Bloch asked if anyone on the Council would make a motion to the effect that the Council looks with disfavor on this particular purchase for this particular purpose. None of the Councilmen desired to make the motion. Mayor Smith stated that he could not be a party to any such motion. Mr. Bloch then asked if anyone on the Council would make a motion to amend the Zoning Ordinance to elim- inate this particular provision now allowable under "A-1" usage. None of the Councilmen desired to make the motion. Commissioner Ingle stated that he was very much in sympathy with the residents and that he thought other property could be found that could be better used at a lower cost. Commissioner Bigler stated that the Council could be asked to make this type of motion in the future to prohibit any sale of'property and that he thought the request was ill -put. Mr. Jim Baldwin, Baldwin Roofing Co., stated that he felt something should be done to the roof of the Coliseum along with the air conditioning; he suggested that someone should be appointed to look into the matter of vinyl coating of the roof to deflect the sun's rays, and stated that he felt he had the best product but was not i,S'euz to reach the architects to present his information and product to them for consideration. It was explained to Mr. Baldwin that the matter of roof treatment for insulation was one of the functions of Smyth & Smyth, architects and engineers, and Commissioner Bigler offered to personally see that any information and samples that Mr. Baldwin would bring to his office would be given to Smyth & Smyth for consideration in the final plans and design. Mayor Smith announced the Council would next hold the public hearing on the application for an increase in Taxicab Passenger Rates to 50(,% for the first 2/3 mile, 10t,% for each additional 1/3 mile and relinquishing the right to charge 10(,, for each additional passenger. Mr. Howard Sudduth, attorney representing Corpus Christi Transportation Company, Victor Morena, d/b/a Red Top Cab Company, Lonnie King, d/b/a King Taxi and Joe Manuel, d/b/a Star Cab Company, presented figures, sta- tistics and comparisons with other Texas cities for the Council's consideration and petitioned that the Taxicab 122 Passenger Fare Rates be increased to give the taxicab companies operating under franchise in the City of Corpus Christi a fair rate of return on the basis of the increase in the cost of equipment and operation costs, including gasoline, oil, parts and labor, since 1951, and pointed out the substantial increases in the over-all taxicab busi- ness since the last increase -in rates in March of 1956. Mr. Sudduth pointed out that the taxicab companies have no wish to have the rates so high as to discourage the use of their cabs but only to give them a fair rate of return on the principle that although taxicabs are a public utility, they are a private enterprise and should show a rea- sonable profit in their operation. No one appeared in aPR6s4-T4eN to the application Motion by Ingle, seconded by James and passed that the hearing be closed and that Mr. Sudduth furnish the council with certified information as to the existing rates in other comparable Texas cities for their study in a determination of a fair increase. There being no further business to come before the Council, the meeting was adjourned. PRESENT: Mayor Farrell D. Smith Mayor Pro -tem W. J. Roberts Commissioners• B. E. Bigler • Manuel P. Maldonado Charlie J. Aills Arthur R. James Odell Ingle REGULAR COUNCIL MEETING February 25, 1959.,, 2:00 P. M. City Manager Herbert W. Whitney Asst City Attorney J. F. Park City Secretary T. Ray Kring Mayor Pro -tem W. J. Roberts called the meeting to order. The Invocation was given by Reverend Paul D. Hanna, of Woodlawn Presbyterian Church. City Secretary Kring called the roll of those in attendance. Motion by Maldonado, s6conded by James and passed that the minutes of the regular meeting of February 18 be approved. meeting. Mayor Pro -tem Roberts announced the Council would next hold the two public hearings scheduled for this First was the request for a change of name of "North Beach" to "Corpus Christi Beach". Mayor Pro -tem Roberts read the petition of residents and property owners and a letter from The North Beach Business Men's Association requesting the change in name. Dr. M. L.•Norvell, speaking for the Business Men's Association, stated that people of Corpus Christi and tourists have come to disassociate them with the City, that they were requesting a more favorable name, that they believed the City had the legal right to name or re -name its streets and subdivisions, and that the County Com- missioners' Court were waiting to see what the City did before they take any action. Mr. B. L. Collins, Sr., described the character of the beach, its easy accessibility with the develop - went of the Port area, and its potential tourist attraction as the finest bay beach in Texas and the nation, and urged that it be justly identified with the City to which it belongs, which is the only City in the world named "Corpus Christi". Mr. I. M. Alexander urged the thorough integration of the beach with the City by means of street signs and publicizing the north entrance of the Port bridge as being "Corpus Christi Beach". Mr. Dan Chamberlin, manager of Corpus Christi Chamber of Commerce, urged the change of name on the basis that any identifying of an area of facility with the City of Corpus Christi is of tremendous value in his business of publicizing the City of Corpus Christi. Twenty or more residents, property owners, and businessmen indicated by a showing of hands, their desire to have the name of "North Beach" officially designated as "Corpus Christi Beach". No one appeared in opposition to the request. Motion by Bigler that the hearing be closed and the request be granted. Bruce Collins, Jr., urged that the proposed ordinance officially changing the name from "North Beach" 123 to "Corpus Christi Beach" be put on an emergency basis due to the fact that the Highway Department needs to have the information approved for signs and in Austin for contract letting before the middle of April. Motion by Bigler, seconded by Aills and passed that the hearing be closed, that the request for a change in name be granted, and the proposed ordinance be -amended before the reading so as to include the emergency clause for final passage on one reading. Next was the public hearing on the request for a change of street name from "Rabbit Run'Road" to "Green- wood Drive". Mayor Pro -tem Roberts read the petition requesting the change of street name, and a letter from Mrs. Beman Gerecke opposing any change in the name on the basis of this being one of the few streets with a really dis- tinctive name. P. W. Kitchen, speaking for the Carver Community Civic League, urged the change of name on the basis that the name was unbecoming in a modern City, and also stated that the people 0using Rabbit Run would appreciate something being done for the street in front of the church to get the people out of the mud, because the people don't know where they are stepping in the dark. He stated that the name Rabbit Run did not represent the growth of Corpus Christi since they do not have rabbits, rattlesnakes and thickets out there any more. James Carroll, Jimmie Sullivan, Carl Carlott, Agatha Clark, A.A. Lichtenstien, and Mrs. Katie Mae Brown all spoke in favor of the change in name. Mr. Horace Caldwell stated that he was not opposing the proposed change but he hoped the old historical names of streets and roads would be preserved. WHENEVER POSSO LE. Mrs. Nolan Bailey spoke in opposition to the change and stated that a survey of the signers of the pe- tition would show that the people in favor of the change are not taxpayers or residents of Rabbit Run Road. Mr. Nolan Bailey stated that he was the biggest property owner and did not want the name changed, that those that wanted it changed did so for social reasons, that people should not be ashamed of where they were reared, that there was nothing wrong with rabbits, that it was bad to waste the Council's time on this matter without a good reason for a change of street name, and that they might better petition the Council to put in sidewalks to get the kids out of the mud walking down the street. advisement. Motion by Ingle, seconded by Maldonado and passed that the hearing be closed, and the matter taken under Mayor Pro -tem Roberts announced the Council would next hear the City Manager's reports. Motion by Ingle, seconded by Maldonado and passed that the work of construction of the Kostoryz Street Improvements by Heldenfels Brothers be accepted, and that payment of final Estimate No. 6 in the amount of $34,809.4 be approved. Motion by Ingle, seconded by James and passed that the work of construction of an extension to the Small Boat Loading Ramp at the L -Head by H & H Concrete Construction Company be accepted, and that payment of final Estimate No. 2 in the amount of $$18.00 be approved. Mayor Farrell D. Smith arrived at the meeting, and Mayor Pro -tem Roberts turned the Chair over to him. RESOLUTION NO. 5283 SETTING ASIDE AND DEDICATING A CERTAIN SITE IN THE CITY OF CORPUS CHRISTI AS "CORPUS CHRISTI BEACH"; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye The foregoing resolution was passed by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye 124 ORDINANCE NO. 5284 AMENDING AN ORDINANCE, BEING ORDINANCE NO. 1688, ENTITLED "AN ORDINANCE REGULATING AND LICENSING TAXICABS, CHAUFFEURS OF TAXICABS AND TAXICAB STANDS; PROVIDING FOR REVOCATION OF LICENSES; DEFINING CERTAIN TERMS; PROVIDING FOR PUBLIC LIABILITY INSURANCE POLICIES OR DEPOSIT OF CASH OR SECURITIES; PROVIDING LICENSE FEES; CREATING THE OFFICE OF INSPECTOR OF TAXICABS OF THE CITY OF CORPUS CHRISTI AND PRESCRIBING HIS DUTIES; PROVIDING A PENALTY, AND THE METHOD OF PROSECUTING INDIVIDUALS AND OTHERS FOR VIOLATING THIS ORDINANCE; ENACTING THE NECESSARY PROVISIONS INCIDENT TO THE OBJECT AND PURPOSE OF THIS ORDINANCE WHETHER MENTIONED IN DETAIL IN THE CAPTION OR NOT; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND CONTAINING A SAVING CLAUSE; AND DECLARING AN EMERGENCY", AS AMENDED, BY AMENDING SUBDIVISION (a) OF SECTION 19 OF ORDINANCE NO. 1688, AS AMENDED, SO AS TO PROVIDE FOR THE RATE OF FARE FOR ONE OR MORE PERSONS FOR THE FIRST TWO-THIRDS (2/3rds) OF A MILE, OR FRACTION THEREOF AND SO AS TO PROVIDE FOR THE RATE OF FARE FOR ONE OR MORE PERSONS FOR EACH ADDITIONAL ONE- THIRD (1/3rd) OF A MILE, OR FRACTION THEREOF; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye ORDINANCE NO. 5285 RECEIVING AND ACCEPTING THE CONSTRUCTION OF AN EXTENSION TO THE SMALL BOAT LOADING RAMP AT THE L -HEAD, PERFORMED BY H & H.CONCRETE CONSTRUCTION COMPANY, UNDER THEIR CONTRACT WITH THE CITY DATED SEPTEMBER 22, 1958, AS AUTHORIZED BY ORDINANCE NO. 5156, AUTHORIZING PAYMENT OF FINAL ESTIMATE NO. 2, IN THE AMOUNT OF $518.00, FROM CODE 502, CURRENT BUDGET, YACHT BASIN FUNDS, FROM FUNDS PREVIOUSLY APPROPRTATED; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye ORDINANCE NO. 5286 RECEIVING AND ACCEPTING THE WORK OF CONSTRUCTION OF STREET IMPROVEMENTS ON KOSTORYZ, STAPLES TO LEXINGTON, PROJECT NO. 1-53-11, PERFORMED BY HELDENFELS BROTHERS, CONTRACTOR, UNDER THEIR CONTRACT WITH THE CITY DATED JANUARY 27, 1958, AS AUTHORIZED BY ORDINANCE NO. 4953, AUTHORIZ- ING PAYMENT OF FINAL ESTIMATE NO. 6, IN THE AMOUNT OF $84,809.47 FROM NO. 220 STREET BOND IM- PROVEMENT FUNDS, FROM FUNDS PREVIOUSLY APPROPRIATED; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye 125 ORDINANCE NO. 5287 AMENDING ORDINANCE NO. 4582, ENTITLED "ESTABLISHING THE BUILDING LINE OF OCEAN DRIVE BETWEEN A POINT THIRTY FEET (301) NORTH OF THE SOUTH LINE OF LOT 4, BLOCK 5, ALTA VISTA ADDITION, AND ROSSITER STREET, FIXING THE WIDTH OF THE STREET RIGHT OF WAY AT A WIDTH SO AS TO LESSEN THE SHARPNESS OF THE CURVE NOW EXISTING IN THE STREET RIGHT OF WAY OF OCEAN DRIVE; CLOSING THE HEARING HELD FOR THE PURPOSE OF ESTABLISHING SUCH RIGHT OF WAY WIDTHS; DECLARING SAID STREETS OPENED AS SHOWN ON THE MAP ESTABLISHING BUILDING LINE ON SAID STREET ON FILE IN THE OFFICE OF THE CITY SECRETARY; ADOPTING AND APPROVING SAID MAP ATTACHED HERETO AND MARKED EXHIBIT 'A'"; BY SUBSTITUTING THE MAP OR PLAT ATTACHED HERETO FOR THE MAP OR PLAT ATTACHED TO ORDINANCE NO. 4582; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye vote: ORDINANCE NO. 5288 CHANGING THE NAME OF YAWL PLACE TO GULF SHORE PLACE, SAID STREET BEING IN POPE PLACE NO. 5; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye SECOND READING OF AN ORDINANCE: AUTHORIZING AND DIRECTING THE CITY MANAGER OF THE CITY OF CORPUS CHRISTI, TEXAS, TO EXECUTE A CONTRACT BETWEEN THE CITY OF CORPUS CHRISTI AND V. L. ROSSI, INC., AND WILCO DEVELOPERS, INC., PROVIDING FOR THE ANNEXATION OF ALL OF LOTS 17 AND 18, SECTION 18, OF FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, SAVE AND EXCEPT PORTIONS THEREOF MORE SPECIFICALLY DESCRIBED IN THE SAID CONTRACT TO ANNEX 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 final reading by the following Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye Mayor Smith invited anyone in the audience with petitions or information for the Council to come for- ward and be heard. Mr. G. B. Diaz, 2403 Agnes, asked how credit for existing asphalt driveways was going to be arrived at for Agnes Street improvements, and requested that there be no curbing in front of his business place so that he could continue to have the head -in parking. Commissioner Ingle offered to help Mr. Diaz obtain the information he was inquiring about after the meeting from Mr. Sam Davidson of the Public Works Department. Motion by Bigler, seconded by Maldonado and passed that the meeting be adjourned. 126 PRESENT: Mayor Farrell D. Smith Mayor Pro -tem W. J. Roberts Commissioners: B. E. Bigler Manuel P. Maldonado Charlie J. Aills Arthur R. James Odell Ingle REGULAR COUNCIL MEETING March 4, 1959 2:00 P. M. City Manager Herbert W. Whitney City Attorney I. M. Singer City Secretary T. Ray Kring Mayor Pro -tem W. J. Roberts called the meeting to order. The Invocation was given by Commissioner Arthur R. James in the absence of the invited guest chaplain. City Secretary Kring called the roll of those in attendance. Motion by James, seconded by Bigler and passed that the absence of Mayor Farrell D. Smith be excused. Motion by Maldonado, seconded by James and passed that the minutes of the regular meeting of February 25 be approved. Mayor Pro -tem Roberts called for the City Manager's reports. Mot ion'byJ-Jameay1econdedlby-,Bigler"Land :.passed that due to delays during January and February occasioned by the rainy weather, the following extensions of contract completion time be granted: To Slovak Brothers, an extension of,21 days for completion of Alameda Storm Sewer, and 59 days for com- pletion of Oso Lake Storm Sewer; To Bur -Tex Constructors, Inc., an extension of 31 days for completion of Westside Sewer Trunk Line, and 39 days for completion of Westside Sewage Treatment Plant. Motion by James, seconded by Aills and passed that the date of Tuesday, March 24, 1959, during a special meeting convening at 2:00 p.m., be set for a public hearing on 5 zoning applications and 1 application for special Council permit. Mayor Farrell D. Smith arrived at the meeting, and Mayor Pro -tem Roberts relinquished the Chair to him. RESOLUTION NO. 5289 WHEREAS, Highway 286 has been designated as an Expressway to connect U.S. Highway 37 and State Highway 358;-dnd' WHEREAS, The location of the route of said highway proposed to be constructed as a Cross-town Expressway has been carefully selected and as selected, it avoids many traffic problems and appears to be in the most feasible location: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS That the State Highway Department of Texas be commended for the excellent planning and tentative designation of the location of that section of State Highway 286 extending from U.S. Highway 37 to State Highway 358. BE IT FURTHER RESOLVED That the proposed route of said State Highway 286 extending from U.S. Highway 37 to State Highway 358 be and the same is hereby approved and recommendation is here and now made for the acquisition of right of way at an early date. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye The foregoing resolution was passed by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye ORDINANCE NO. 5290 CALLING AN ELECTION FOR MAYOR AND SIX (6) COMMISSIONERS IN THE CITY OF CORPUS CHRISTI TO BE HELD ON THE FIRST TUESDAY IN APRIL, 1959; DESIGNATING PLACES OF HOLDING SUCH ELECTION; NAMING THE OFFICERS THEREFOR; PRESCRIBING THE FORM OF NOTICE OF ELECTION, AND ENACTING PROVISIONS INCIDENT AND RELATING TO THE SUBJECT AND PURPOSE OF THIS ORDINANCE; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith W. J. Roberts B. E. Bigler Manuel P. Maldonado Charlie J. Aills Arthur R. James Odell Ingle The foregoing ordinance was passed by the following vote: Farrell D. Smith W. J. Roberts B. E. Bigler Manuel P. Maldonado Charlie J. Aills Arthur R. James Odell Ingle Aye Aye Aye Aye Aye Aye Aye Aye Aye Aye Aye Aye Aye Aye ORDINANCE NO. 5291 OF THE CITY OF CORPUS CHRISTI, TEXAS, DETERMINING THAT CERTAIN STEPS HAVE HERETOFORE BEEN TAKEN IN RELATION TO THE MATTER OF PERMANENTLY IMPROVING AGNES, LAREDO, SIXTEENTH, TWENTY- FIRST, AND ALAMEDA STREETS IN THE CITY OF CORPUS CHRISTI, TEXAS, WITHIN THE LIMITS HEREIN REFERRED TO, AND RATIFYING AND CONFIRMING SUCH ACTION; SETTING OUT A COPY OF THE ENGINEER'S ESTIMATES OF THE COSTS OF SUCH PROPOSED IMPROVEMENTS; MAKING APPROPRIATION OF FUNDS FOR BAY- MENTTOF THE SHARE OF THE COST OF SUCH IMPROVEMENTS TO BE BORNE BY THE CITY OF CORPUS CHRISTI, TEXAS; ORDERING THAT A HEARING BE HELD AND GIVEN TO ALL OWNING OR CLAIMING PROPERTIES ABUTTING UPON THE STREETS TO BE IMPROVED AND AS TO OTHER MATTERS; SETTING AND FIXING THE TIME AND PLACE OF SUCH HEARING AND DIRECTING THAT NOTICE THEREOF BE GIVEN; RESCINDING ANY OTHER ORDINANCES OR PROCEEDINGS OF SAID CITY IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote; Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye ORDINANCE NO. 5292 AMENDING THE CORPUS CHRISTI CITY CODE 1958 BY ADDING A SECTION TO ARTICLE IX OF CHAPTER 38 TO BE IDENTIFIED AS SECTION 38-55A OF SAID CODE; ESTABLISHING A POLICY FOR FINANCING OF SEWER SERVICE EXTENSION INSTALLATIONS BY PROVIDING A METHOD OF PAYMENT OF THE COST OF IN- STALLMENTS IN INSTALLMENTS; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye 0 12'7 Mayor Smith invited anyone in the audience with petitions or information for the Council to come for- ward and be heard. Mrs. Johnnie Tunches appeared with several members of the Cunningham Junior High School P.T.A., pre- sented a petition of 212 signatures of members of the P.T.A., requesting that the Street Department at the very most expeditious time spread shell or some other all weather material along the shoulder of Prescott Street from the school to Port Avenue to provide a surface where the children can walk without being in the traffic right of way. (See Petition #7 in File.) 128 The Council informed them that their request would be considered in the determination of the streets to be included in the program for the reworking of many of the City's streets, and that needy school streets will be given priority in the over-all program. Mr. Larry Allen, 2521 Prescott, stated that he was to be a candidate for the City Council at the coming election, asked if there was to be a drawing for the position of names of candidates on the ballot, and stated that he felt it was only fair to have a drawing for column position and also for line position of each candidate, both independents and those running for Council on a ticket. City Secretary Kring, in charge of the elections, stated when all tickets and candidates have filed, he will have a drawing for column position for the candidates who have filed as a ticket to be placed on the left side of the ballet, and a drawing for those who have filed independently for line position in a column to the right of the ballot, which is the usual procedure in arranging the ballot. Various members of the City Council stated that they would have no objection to whatever method the City Secretary should choose for a fair determination of positions, since they believed the citizens would know before they saw the ballot in the voting machine which men they wanted to vote for. Mr. Clifford Cosgrove, 2625 Riggan, asked the Council to help the property owners in his residential subdivision who are being sued in District Court with regard to removing deed restrictions by Mrs. Riggan. He stated that he had opposed the re -zoning of two of Mrs. Riggan's lots for business on the basis that he felt it was spot zoning in a residential neighborhood, and that since that rezoning approximately 10 months ago neither the filling station nor florist shop has been constructed as represented at the public hearing, that he felt the Coun- cil should re -zone it back to residential. Mayor Smith answered that the Council cannot legally take any part in the matter in the District Court since the City has no rights involved; that regarding the matter of the business zoning of Mrs. Riggan's two lots, it was not spot zoning, but an extension of existing business zoning; that regarding the matter of re -zoning back to residential, any such petition would have to be made first to the Zoning & Planning Commission, and that it is legal for adjoining property owners to initiate an application for the re -zoning of a piece of property where their interests, well-being or rights are involved; and suggested that Mr. Cosgrove seek legal advise of his choice to advise him in the matter in District Court; and go to the Zoning & Planning office in the City Hall for information as to application and procedure with reference to re -zoning. There being no further business to come before the Council, the meeting was adjourned. I, Farrell D. Smith, Mayor of the City of Corpus Christi, Texas, certify that the foregoing Minutes, same being for the period of January 14, 1959 through March 4, 1959, inclusive, and having been previously approved by Council Action, are by me hereby approved. PRESENT: Mayor Farrell D. Smith Commissioners: W. J. Roberts B. E. Bigler Manuel P. Maldonado Charlie J. Aills Arthur R. James Odell Ingle FARREICD. SMITH, Mayor The City of Corpus Christi, Texas REGULAR COUNCIL MEETING March 11, 1959 2:00 P. M. City Manager Herbert W. Whitney City Attorney I. M. Singer City Secretary T. Ray Kring Mayor Farrell D. Smith called the meeting to order. The Invocation was given/by Reverend Milton Muchlberger, of Abiding Savior Lutheran Church. City Secretary Kring called the roll of those in attendance. Mayor Smith welcomed to the meeting the Sixth Grade Class of the Oak Park School and their teacher, Mrs. Kemple. 129 Motion by James, seconded by Maldonado and passed that the minutes of the regular meeting of March 4 be approved. Mayor Smith announced the Council would next take action on some pending items before the Council. II Motion by Ingle, seconded by Maldonado and passed that the request of property owners and residents of Rabbit Run Road be granted and the name of "Rabbit Run Road" be changed to "Greenwood Drive" as concurred in by the County. Commissioner Aills stated that he had voted "Aye", but that he thinks "Rabbit Run Road" is a pretty name. Motion by Bigler, seconded by Aills and passed, with Commissioner Roberts voting "nay", that since the applicant has notified the Council he does not desire to accept the conditions under which a change in zoning was granted on February 18, 1959, that the application of Vicor Moses for a change of zoning from "R-1", One -Family Dwelling District to 11B-1" Neighborhodd ftsindss District on those certain tracts or parcels, of land out of the May Tract in the City of Corpus,Christi, lying on the north and south sides of Hayward Drive between W.B. Ray Heights Subdivision and the southwest boundary of South Staples Street, being designated on a preliminary plat on file in the office of the Zoning & Planning Commission as Blocks 7 and 8, W.B. Ray Heights Unit 3, on which public hearing was held on February 10, 1959, and subsequent Council action was taken on February 18, 19591 be denied. Commissioner Roberts stated that he had voted "Nay" because he believes the applicant should be granted business as the proper use for this property. Motion by Bigler, seconded by Roberts and passed that the application of Sam Ferris for a change of zon- ing from 111B-1" Neighborhood Business District to "B-3" Secondary Business District, on Lots 4, 5 and 6, Black 2, Avalon Addition, 4200 block of Alameda Street, on which public hearing was held on April 27, 1955, and subsequent Council action holding the matter in abeyance taken on May 4, 1955, be continued in abeyance until next week's regular meeting to give the Council an opportunity to fully review the application. Mayor Smith announced the Council would next hear the City Manager's reports. Motion by Bigler, seconded by Roberts and passed that the plans and specifications for Seal Coating approximately 36-3/4 miles of streets be approved, and the City Manager be authorized to advertise on March 16 and 23 for bids to be received on Monday, April 6, 1959, during a special meeting convening at 2:00 p.m. Motion by Ingle, seconded by James and passed that the date of public hearing on the application of E.N. Carey for a change of zoning be�re-set at the request of the applicant's attorney for April 15, 1959, during the regular Council meeting,.convening at 2:00 p.m.-. Mayor Smith invited anyone in the audience with petitions or information for the Council on matters not scheduled on the agenda to come forward and be heard. Larry Allen, Candidate for election to the City Council, again raised the question of drawing in connec- tion with the placing of the names of the various candidates on the ballot, and stated that he wanted the indepen- dent candidates to have a fair chance with regard to the best position on the ballot which he considered was the first column. City Secretary Kring explained that the matter would be decided by drawing as to columns on the left of the ballot for party tickets, and by drawing for line position for independent candidates in the righthand column on the ballot, which method has been established by precedent as the usual procedure. In answer to the Council's question, City Attorney Singer stated that according to the City Charter pro- visions and State Election Laws, to the absence of any directive by the Council, the setup of the ballot is left to the judgment and decision of the City Secretary, and that the method outlined by City Secretary Kring is the usual procedure followed in such cases. Motion by James, seconded by Maldonado and passed that the make-up of the ballot be left to Mr. Kring consistent with established precedent. Mr. Allen stated that he would like it in the record that he had not intended to insinuate that Mr. Kring was in any way unfair. 130 Mayor Smith announced that the resolution to be voted on by the Council in connection with the Urban Renewal Project was awaiting the Council's study of the answer received from Mr. R. C. Robinson, Regional Director of Urban Renewal, in Fort Worth, to three questions which were: 1. Whether or not the City would be bound by the terms of the resolution if the Texas Supreme Court should rulet'hat the Texas Urban Renewal Law is unconstitutional; 2. Whether or not the City would be financially obligated by the resolution if at a subsequent election, the citizens voted against the Urban Renewal project; and 3. Was the City's financial obligation confined to the area within the 250 -acres within the Project, or was the City's general credit obligated in connection with the commitments made. Mayor Smith stated that he would like to have these matters clearly defined in the resolution before the first reading, and that it should also be stipulated in the resolution the personal financial liability, disposition or sharing of costs in the event that the project costs should exceed the amount of the loan agreement. Mayor Smith read the letter dated March 10, 1959, addressed to Roger V. Pearce, Urban Renewal Administra- tor, and signed by R. C. Robinson, Regional Director Urban Renewal, as follows: "Re: Project Tex. R-1, Bayview -Bluff Area Part I, Loan and Grant Application Dear Mr. Pearce: This answers the questions you raised with me over the telephone concerning the financing of the Bayview -Bluff Project. (1)a In the event the net project cost exceeded that estimated at the time of loan and grant, neither the Federal Government nor the local governing body would be legally obligated to put additional money into the project. Should such a situation arise, and additional financing could not be made available, the scope of the project would have to be reduced accordingly. Past experience indicates, however, that where such overruns occur, they are nominal in character and can generally be taken care of through a revised financing plan involving addi- tional Federal capital grant and local grant-in-aid contributions. (2) The City's financial obligation with respect to the project will be limited to its obligations under the Survey and Planning Contract and the financial commitments imposed upon the City in a Cooperation Agreement which it will be required to enter into prior to the LFA.s acceptance of a Loan and Capital Grant Contract. As you know, the City's financial obligation with respect to -the Survey and Planning Contract is its agreement to.repay the survey and planning funds advanced, together with accrued interest thereon, out of funds which shall become available to the City for the purpose of undertaking and carrying out an urban renewal project in the project area.' The full faith and credit of the City of Corpus Christi is not involved, and will not become involved beyond the extent of the foregoing commitments. (3) Submission of Part I of a Loan and Grant application by the City, and approval of the Urban Renewal Plan and supporting documents by this Agency, in no way commits either the Urban Renewal Administration or the City to execute a Loan and Grant Contract. However, the good faith of both agencies is involved to the extent that, if feasible arrangements can be made for carrying out the project, both parties to the agreement will go along. In this connection, should the Commissioner approve the Urban Renewal Plan and supporting documents submitted with your Part I, final approval of your application for Loan and Grant Contract will be subject to (a) a favorable decision of the State Supreme Court on the constitutionality of the state urban renewal law and (b) the holding of a successful referendum bythe City of Corpus Christi pursuant to the requirements of the state urban renewal law. I trust the above information is adequate to answer the questions you raised. Sincerely yours, /s/ R.C. Robinson, Regional Director Urban Renewal" Mr. Perry Tucker, Mr. Adolf Hernandez and Mr. Fisher Alsup stated their concern as to how the project will effect their business, Corpus Christi Transfer Co. They stated that with the removal of the railroad spur track and the closing of streets as proposed will completely ruin their business since there will be no access at all to their warehouse, and they do not believe that this type of damages are included in the appraisal figures, and that all the figures should be released to the public. Mr. A.H. Hurst felt that the figures.and maps should be released so that each property owner and business man would know the figures for each piece of property. Mr. W. H. Wolter, a warehouse owner, stated his concern as to his business with regard to future pro- posed zoning. A representative of the Southern Pacific Railroad asked if their track was to be taken out all the way " to Kabra Cut including the track serving Mr. Tucker's warehouse. It was stated that the plans show the track being removed. During the discussion, the Council directed that it be determined if any other business serviced by the same spur track in the area would be affected, so that they would have the opportunity to inform the Council of 131 their views and feelings in the matter or damages, and what the relocation of streets will do to structures not congemplated on being purchased and what the effect would be if the.owner elects not to sell within the framework of his rights. Motion by James, seconded by Maldonado and passed that at the request of the attorney for the applicant, the date set for the public hearing of an application of C.C. Tribble for a change of.zoning from "R-2" Two Family Dwelling District to "B-3" Secondary Business District, on all of Lot 15, Woodlawn Addition lying south of Leopard Street (Highway 9) and situated at the southeast corner of Leopard Street (Highway -9) and Elmore -Drive, be re -set for April 22, 1959, during the regular meeting convening at 2:00 p.m. There being no further business to come before the Council, motion by James, seconded by Bigler and passed that the meeting be adjourned. PRESENT: Mayor Farrell D. Smith Commissioners: W. J. Roberts B. E. Bigler Manuel P. Maldonado Charlie J. Aills Arthur R. James Odell Ingle approved. REGULAR COUNCIL MEETING March 18, 1959 2:00 P. M. City Manager Herbert W. Whitney City Attorney I. M. Singer City Secretary T. Ray Kring Mayor Farrell D. Smith called the meeting to order. The Invocation was given by Reverend C. I. Kelly, of Central Park Presbyterian Church. City Secretary Kring called the roll of those in attendance. Motion by Maldonado, seconded by James and passed that the minutes of the regular meeting of March 11 be Mayor Smith called for the City Manager's Reports. Motion by Bigler, seconded by Roberts and passed -that the plans and specifications for a Street Rework- ing and Surfacing program, identified as Projects A. B, C and D, be approved, and the City Manager be authorized to advertise for bids to be received separately on each of the four projects on four successive weeks, April 8, April 22 and April 29 to encourage a wider range of bidding by small contractors. City Manager Whitney presented for consideration a plan for straightening the Ocean Drive S -Curve to- gether with a cost estimate of $8,500.00 for materials and $1,500.00 for rental of equipment, making a total of $10,000.00 over and above the cost of labor by City Forces. Mr. William Shireman, attorney for Lucy Welch and Mesog Donnigan, questioned the advisability of pro- ceeding with this project at this time on the basis that the City forces are presently working a 60 -hour week on emergency street repair program and the straightening of the curve having been under consideration for the past four years is not of an emergency nature; and further, that his clients would appreciate extra time for the removal and replanting of some trees which are of great sentimental value to his clients. Mayor Smith pointed out that aside from the fact that the trees referred to had been bought by the City in the purchase price, that more time had been requested and granted for their removal at the time, and that that time has now expired; and that the straightening of several curves in the City, and this one in particular, has been the recommendation of the Traffic Safety Advisory Board, the Zoning & Planning Department and of the last two Councils. Motion by.Maldonado, seconded by Roberts that the program of the Ocean Drive S -Curve be delayed in favor of the street maintenance emergency program. On vote Commissioners Maldonado, Roberts and Ingle voted "Aye", Commissioners Aills, Bigler and James voted"Nay", and the motion did not pass. Motion by Bigler, seconded by Aills thatYthe City proceed with the plan for the straightening of the Ocean Drive S -Curve as recommended by the City Manager. On vote Commissioners Bigler, Aills and James voted"Aye", Commissioners Maldonado, Roberts and Ingle IDN' voted "Nay". Mayor Smith then voted "Aye", and the motion passed. Motion by Bigler, seconded by Roberts and passed that the City accept the assignment of the following liens for Paving Certificates in connection with the Kostoryz Road street improvements on the basis of their being homestead exemptions: Anna M. Pereida . . . . . . . . . . . . . ..... . $158.34 William H. Burchfield . . . . . . . . . . . . . . 160.65 Betty Jean Martin . . . . . . . . . . . . 128.18 G. J. Nance . . . . . . . . . . ... . . . . . 118.21 C. L. Seward . . . . . . . ; . . . . .. . . . . . 432.95 Commissioner James requested that Mr..Roger Pearce, Urban Renewal Administrator, be asked to appear dur- ing the reading and discussion of the resolution on the agenda with reference to the application for a loan and grant re the Urban Renewal program. While waiting for Mr.,Pearce to arrive at the meeting, Mayor Smith invited anyone in the audience with petitions or information for the Council to come forward and be heard. Mrs. Arthur Durham, president of the Home Owners of Ocean Drive Association, urged that the speed limit on Ocean Drive be lowered in the 45 -mile per hour zones to 40 -miles per hour for the safety of the homeowners.in access to their driveways and stated that thiswas the only residential street in the City on which the speed limit was more than 30 -miles per hour. Motion by Roberts, seconded by James and passed that this matter be considered by the Council at the next work session in the light of reports from advisory groups and the reasons behind their recommendations. Mayor Smith welcomed to the meeting the boys of The Rattler Patrol of Troup 23, Boy Scouts, and their Assistant Scoutmaster Mr. R. N. Stephens. ORDINANCE NO. 52J3 DECLARING ABANDONED A CERTAIN UTILITY EASEMENT GRANTED BY J. M. WILSON BY DEED DATED JANUARY 28, 1941, AND RECORDED IN VOLUME 268 PAGES 365-366 OF THE DEED RECORDS OF NUECES COUNTY, TEXAS; AUTHORIZING THE CITY MANAGER TO EXECUTE A QUITCLAIM DEED OF SAID EASEMENT UNTO J. M. WILSON; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye. The above ordinance was passed by the.following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye, ORDINANCE NO. 5294 CHANGING THE NAME OF "RABBIT RUN ROAD" TO "GREENWOOD DRIVE", SAID ROAD BEING IN CORPUS CHRISTI, NUECES COUNTY, TEXAS; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye 133 FIRST READING OF AN ORDINANCE: . AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A LEASE CONTRACT BY AND BETWEEN THE CITY OF CORPUS CHRISTI AND J. D. SPARKS, AS LESSEE, OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, LEASING APPROXIMATELY 912 SQUARE FEET OF CLIFF MAUS MUNICIPAL AIRPORT TERMINAL BUILDING TO BE USED AS A COFFEE SHOP, IN ACCORDANCE WITH THE TERMS AND PROVISIONS'OF SAID LEASE CONTRACT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF. The foregoing ordinance was.raad for the first time,and passed to its second reading.by the following vote: L Farrell.D. Smith Aye W.' J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye City Secretary Kring read the title of a Resolution authorizing the Filing of the Application for a Loan and Grant for the Bayview -Bluff Project, Tex. R-1 on an emergency basis. The following persons asked questions of the Council and of Mr. Pearce regarding the effect of the pass- age of the foregoing resolution in the matter of'commitment of the City to an Urban Renewal program, the type of damages and/or hardship involved in their particular properties or businesses, the effect of the creation of an Urban Renewal Agency on the lives and rights of the citizens, various figures and statements included in the 400 -page report on the Urban Renewal program delivered to the City Council, whether or not an affirmative vote of the refer- endum question will still allow the Council to decide not to accept the program,,and the reason for passage of the resolution on an emergency basis: Mrs. Bolin Mahaffey Mr. Perry Tucker Mr. Benton Hicks Mrs. John H. Ray Mr. Joe Hernandez Mrs. Cedilia Blankard Mr. Cuban F. Burbank Mr. Jack Davis Rev. Harold T. Branch Motion by James, seconded by Roberts and passed, with Mayor Smith and Commissioners Bigler abstaining due to property interests within the proposed Urban area, that the Resolution under discussion be put on a three read- ing basis so as to allow more time for study by the Council and by the public. vote: FIRST READING OF A RESOLUTION: AUTHORIZING THE FILING OF THE APPLICATION FOR IRAN AND GRANT FOR BAYVIEW BLUFF PROJECT, TEX.R-1, CORPUS CHRISTI, TEXAS. The foregoing ordinance was read for the first time and passed to its second reading by the following i Farrell D. Smith Abstained W. J. Roberts Aye B. E. Bigler' Abstained Manuel P. Maldonado Aye Charlie J. Ai'lls Aye Arthur R. James Aye Odell Ingle Aye There being no further business to come before the Council, the meeting was adjourned. SPECIAL COUNCIL MEETING March 24, 1959 2:00 P. M. PRESENT: Mayor Farrell D. Smith Commissioners: Manuel P. Maldonado City Manager Herbert W. Whitney Charlie J. Aills City Attorney I. M. Singer Odell Ingle City Secretary T. Ray Kring W. J. Roberts Mayor Farrell D. Smith called the meeting to..,order. City Secretary T. Ray Kring called the roll of those in attendance. 1 Mayor Smith announced the purpose of the Special Council Meeting was a public hearing on 5 zoning matters. First was the application of The Buccaneer Days Commission for a Special Council Permit to hold Buccaneer Days celebration from April 30 through May 10, 1959, and requesting the use of that area bounded by the west curb 134 line of East Shoreline Drive, the east curb line of West Shoreline Drive, the south wall of the Coliseum and a line 270' south of hnd parallel'to'the south curb line of Park Avenue. Mayor Smith read the background of the application and the recommendation of the Zoning & Planning Com- mission for approval under the usual conditions as in the past. No one appeared to speak either in opposition to or in favor of this application. Motion by Ingle, seconded by Aills and passed, with Commissioner Maldonado abstaining, that the hearing be closed and that the application be granted under the usual requirements, which are as follows: I. Health - Applicant must comply with 1. An easily accessible adequate safe supply of water; 2. Conveniently located toilet facilities; 3. Food establishments connected with the circus selling food to the public should comply with the same regulations required by the City Ordinance regulating.!this-.:type of bbsiftap.O d ng+ce I.I. Fire - 1. Furnish certificate that tents have been flameproofed, also name of flameproofing company and da 2. Safe electrical installations and connections; 3. Seats properly and securely arranged; 4. Enforcement,, of "No Smoking" during performances. III. Police Applicant should comply with all regulatory ordinances of the City and shall not permit: 1. Gambling:' 2. Showing of lewd shows of any kind; IV. Public Works - Applicant shall see that the mechanical installations at the show, including plumbing and wiring, the location of the structures themselves must be in compliance with the minimum requirements of the City Ordinance applicable to such buildings or occupancies and that before the show or shows are. opened to the public, the management will obtain from the Inspection Section of the Department of Public Works a Certificate of Occupancy for such show. V. General - Applicant must comply with the City's requirement of sufficient bond to insure the removal of all debris from the location at the conclusion of its operation. Commissioner Maldonado stated that he had abstained in view of the fact that he is a member of the Buccaneer Days Commission. Next was the application of Mary Rychetsky, Louis Rychetsky and Charles F. Hamlett for a change of zon- ing from 11R-1" One -Family Dwelling District to "L -I" Light Industrial District, being Lots A & B of the Hamlett.and Rychetsky Tract, located at 4321 to 4421 Dillon Lane, and fronting 600' along the west side of Dillon Lane between Points approximately 500' north of Gollihar Road and 175' south of Rasalie Street. Mayor Smith read the recommendation of the Zoning & Planning Commission for approval. R. W. Burr, Senior Planner, located the property on the map, gave.the background of the application, ex- plained the Commission's feeling that since the proposed expressway will be a natural buffer zone for the existing residential district, that the granting of the application would constitute an extension of the existing zoning, and displayed a strip map of the proposed route of the expressway in this area. Mr. George Prowse, attorney, representing the applicants, stated that they contemplate multiple purpose building for social events, private dances, etc., and plan to have musicians and entertainers and a sports arena for professional wrestling, boxing and basketball, and felt it would be quite an addition to the area, but that a "B-34 zoning would seriously effect their financing. No one appeared in opposition to the application.' Mayor Smith stated that the wish of the Council was to grant the zoning requested, but for the use presentL. ed in a manner that would not be detrimental to the appearance of the freeway, and suggested that some restriction bel prepared to that effect. Motion by Roberts, seconded by MaTdonado•.andpassed that the hearing be closed, and the application be granted as stated by the Mayor. Next was the application of W. E. Johnston and Others for a change of zoning from 11R-1" One -Family Dwell- ing District to "B-1" Neighborhood Business District, being Lots 10, 11 and 12, Block 4, Molina Addition No. 1, to the City of Corpus Christi, Texas, and being the south'300' of Block 4, extending through from Angela to Elvira at Bloomington. Mayor Smith read the background of the application and the recommendation of the Zoning & Planning Com- 135 mission that the application be approved. Mr. Burr located the property on the zoning map. No one appeared in opposition to the application. Motion by Ingle, seconded by Roberts and passed that the hearing be closed, and the application be grante Next was the application of Armando L. Garcia for a change of zoning from 11R-1" One -Family Dwelling Dis- trict to "B-1" Neighborhood Business District, Lot 2, Block 1, South West Heights Addition, being located at 2526 Prescott. Mayor Smith read the background of the application and the recommendation of the Zoning & Planning Com- mission that it be denied on the basis that it would not be a logical extension of the existing neighborhood busi- ness district, that the zoning district boundary is now properly drawn at Prescott Street, and that there is vacant business property in this immediate vicinity. Mr. Burr located the propertyand called the Council's attention to the fact that the property in ques- tion may be within the proposed Cross-town Freeway right-of-way. No one appeared to be heard on this application. Motion by Ingle, seconded by Roberts and passed that the hearing be closed and the application be denied. Next was the application of Homer Plunk for a change of zoning from 11R-1" One -Family Dwelling District to "B-1" Neighborhood Business District, the north or northeast 40' of Lot 12, Block 9, L.R. Morgan Subdivision, being located at 729 Lum. Mayor Smith read the background of the application and the recommendation of the Zoning & Planning Com- mission that it be approved. Mr. Homer Plunk appeared in support of his application. No one appeared in opposition to the application. Motion by Roberts, seconded by Ingle and passed that the hearing be closed, and the application be grante provided there are no conflicting deed restrictions. There being no further business to come before the Council, the special meeting was adjourned. PRESENT: Mayor Farrell D. Smith Commissioners: W. J. Roberts B.E. Bigler Manuel P. Maldonado Arthur R. James Odell Ingle approved. REGULAR COUNCIL MEETING March 25, 1959 2:00 P. M. City Manager Herbert W. Whitney Asst't City Attorney J. F. Park City Secretary T. Ray Kring Mayor Farrell D. Smith called the meeting.to order. The Invocation was given by Reverend Roy Shilling, of South Bluff Methodist Church. City Secretary T. Ray Kring called the roll of those in attendance. Motion by James, seconded by Roberts and passed that the absence of Commissioner Aills be excused. Motion by Bigler, seconded by Maldonado and passed that'the minutes of the regular meeting of March 18 be Mayor Smith called for the City Manager's reports, and City Manager Whitney stated there were none for this meetingk l ORDINANCE N0. 5295 AUTHORIZING AND DIRECTING THE CITY MANAGER; FOR AND ON BEHALF OF THE CITY OF CORPUS -CHRISTI, TO EXECUTE A CONTRACT AND LEASE AGREEMENT CONSTITUTING A MONTHLY USE PRIVILEGE OF A PUBLIC FACILITY WITH ELMER E. DAVIS, LEASING TO THE SAID ELMER E. DAVIS THE WEST 42.78' OF THE EAST 57.78' of LOTS 11 & 12, BLACK 93, BEACH ADDITION TO THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FOR A PERIOD OF ONE (1) YEAR BEGINNING APRIL 1, 1959, AND ENDING MARCH 31, 1960, FOR AND IN CONSIDERATION OF THE TERMS AND CONDITIONS AS SET FORTH IN THE CONTRACT AND LEASE AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: 136 Farrell D. Smith W. J. Roberts B. E. Bigler Manuel P. Maldonado Charlie J. Aills Arthur R. James Odell Ingle ` ' The above Ordinance was passed by the following voter Aye Aye Aye Aye Absent Aye Aye Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Absent Arthur R. James Aye Odell Ingle Aye ` ORDINANCE NO. 5296 AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON BEHALF'OF THE CITY OF CORPUS CHRISTI TO EXECUTE RELEASES OF SPECIAL ASSESSMENT,AS FOLLOWS: (1) IN THE AMOUNT OF $64.09 AGAINST THAT CERTAIN PROPERTY FRONTING 51 FEET ON THE NORTHWEST SIDE OF KOSTORYZ ROAD, DESCRIBED AS BEING LOT.5, BLOCK 1, WYNWOOD ONE, AND THE OWNER THEREOF, AUBREY E. COX: (2) IN THE AMOUNT OF $64.09 AGAINST THAT CERTAIN PROPERTY FRONTING 51'FEET ON THE NORTHWEST SIDE OF KOSTORYZ ROAD, DESCRIBED AS BEING LOT 6, BLOCK 1, WYNWOOD ONE, AN ADDITION TO THE CITY OF CORPUS CHRISTI, AND THE OWNERS THEREOF, AUBREY E. COX AND LOIS A. COX: A COPY'OF WHICH RELEASES ARE ATTACHED HERETO AND MADE. A PART HEREOF; AND DECLARING AN EMERGENCY. The Charter Rule was suspended.by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J..Aills Absent Arthur R. James Aye Odell Ingle Aye The above Ordinance was passed by the following vote: i, Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Absent Arthur R. James Aye Odell Ingle Aye ORDINANCE NO. 5297 AUTHORIZING AND DIRECTING THE CITY MANAGER;FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE RELEASE OF SPECIAL ASSESSMENT AS FOLLOWS: IN THE AMOUNT OF $422.70 AGAINST THAT CERTAIN PROPERTY FRONTING 120.03 FEET ON THE EAST SIDE OF'SOUTH STAPLES STREET, DESCRIBED AS BEING LOT 1, BLACK 14,_LINDAL.E PARK SUBDIVISION, SECTION 1, AND THE OWNER THEREOF, MYRL FILES AND WIFE: A COPY OF WHICH RELEASE IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell `D. Smith Aye W.' J. Roberts .. r Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Absent Arthur R. James Aye Odell Ingle ' Aye' The above Ordinance was passed by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E.'Bigler Aye Manuel P. Maldonado Age Charlie J. Aills Absent Arthur R. James Aye Odell Ingle Aye ORDINANCE NO. 5298 AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE A CONTRACT AND LEASE AGREEMENT CONSTITUTING'A MONTHLY USE PRIVILEGE OF A PUBLIC FACILITY WITH MRS. J. W. HUNNICUTT LEASING TO THE SAID MRS. J. W. HUNNICUTT THE EAST 15' OF LATS 11 & 12 AND ALL OF LAT 2, BLOCK 93, BEACH ADDITION TO THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FOR AND IN CONSIDERATION OF THE TERMS AND CONDITIONS AS SET FORTH IN THE CONTRACT AND LEASE AGREE- MENT, A COPY OF WHICH IS ATTACHED HERETO ANI) MADE A PART HEREOF; PROVIDING FOR AN EFFECTIVE DATE; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by'the following vote 13'7 Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Absent Arthur R. James Aye Odell Ingle Aye vote: The above Ordinance was passed by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Absent Arthur R. James Aye Odell Ingle Aye ORDINANCE NO. 5299 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. 2266 PASSED AND APPROVED ON THE 4TH DAY OF MAY, 1948, APPEARING OF RECORD IN VOLUME 16, PAGES 339 ET SEQ OF THE ORDINANCE AND RESOLUTION RECORDS, AND AS AMENDED BY ORDINANCE NO. 4846 ADOPTED ON THE 21ST DAY OF AUGUST, 1957, BY AMENDING THE ZONING MAP BY CHANGING THE ZONING OF LATS 10, 11 and 12, BLOCK 4, MOLINA ADDITION NO. 1 TO THE CITY OF CORPUS CHRISTI, TEXAS, AND BEING THE SOUTH 300 FT. OF BLOCK 4, EXTENDING THROUGH FROMVG.-,ELA STREET TO ELVIRA STREET AT BLOOMINGTON STREET, FROM 11R-1" SINGLE FAMIMY DWELLING DISTRICT TO 11B-1" NEIGHBORHOOD 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 by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Absent Arthur R. James Aye Odell Ingle Aye The above Ordinance was passed by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Absent Arthur R. James Aye i Odell Ingle Aye 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 CONTRACT BY AND BETWEEN THE CITY OF CORPUS CHRISTI AND J. D. SPARKS, AS LESSEE, OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, LEASING APPROXIMATELY 912 SQUARE FEET OF CLIFF MAUS MUNICIPAL AIRPORT TERMINAL BUILDING TO BE USED AS A COFFEE SHOP, IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF SAID LEASE CONTRACT, 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 Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Absent Arthur R. James Aye Odell Ingle Aye Mayor Smith invited anyone in the audience with petitions or information for the Council on matters not scheduled on the agenda to come forward and be heard. No one appeared. SECOND READING OF A RESOLUTION: AUTHORIZING THE FILING OF THE APPLICATION FOR LOAN AND GRANT FOR BAYVIEW-BLUFF PROJECT, TEX. R-1, CORPUS CHRISTI, TEXAS. Various persons in the audience requested a discussion of the foregoing resolution before the Council's vote was taken. Mr. Leland Ross asked if the tenor of the discussion was to be on the merits of Urban Renewal or on the resolution transmitting the plan to the Fort Worth office. Mayor 3glith answered that since this particular resolution was specifically before the Council, the pro- per procedure was to confine the discussion to the resolution rather than a full general discussion of Urban Renewal 138 which most properly should be held at a public hearing for that purpose. The following spoke in opposition to the passage of the resolution on the basis that the Supreme Court of Texas has not yet declared the Urban Renewal Law of Texas to be constitutional, that the referendum has not yet been submitted to the voters, that the citizens have not been sufficiently informed on the subject to vote intelli- gently, that the figures used, particularly with respect to damages, are unrealistic and insufficient, and that once the resolution is passed and the plan submitted to Fort Worth, the City will have no true control in the matt Mr. Harvey Fry Mr. Perry Tucker Mrs. Cecelia Blankert Mr. Renous Blankert Mrs. Guy Warren, representing the Texas Society of the D.A.R., read a resolution in opposition to the Federally Assisted, Urban Renewal Program. The following appeared to become better informed on the subject and asked questions on various aspects of the plan: Mrs. John Ray Mrs. Bolin Mahaffey The following spoke in favor,•of the passage of the resolution on the basis that this constituted only the submission of the plan to find out if such a plan meets the minimum requirements necessary under the Urban Re- newal Law in order to make the City eligible to apply for a loan and grant, to reserve the money for the project in the event that the Urban Renewal Law of Texas is declared constitutional by the Texas Supreme Court and that the voters find in the affirmative on the referendum when it is submitted to them, and on the basis that the right of the City Council to make changes in the plan itself, and to make final decision to go ahead with the project or not is still reserved to the Council even in the event of an affirmative finding of the voters: Mr. Leland Ross Mr. A. A. Lichtenstein Mr. William Anderson, Director of Zoning & Planning Mr. Roger Pearce, Urban Renewal Administrator At the request of Mayor Smith, Commissioner Ingle read the answers prepared by Roger Pearce to each of the 10 questions asked by Mrs. Blankert at last week's meeting pertaining to the subject. Commissioner Bigler asked if the application for a loan and grant could be divorced from the resolution and the final plan be sent to Fort Worth for approval; and formal application for a loan and grant be made only after an affirmative vote on the referendum. Mr. Pearce answered that the resolution is only a submission of the plan for study and approval, and t the application for funds is not a part of this resolution. Mayor Smith stated that it was stated in the resolution that there was no liability on the part of the City unless the Urban Renewal Law of Texas was held to be constitutional and that there was no liability if the electorate turns it down, and suggested that the resolution be further amended before this second_ reading to the effect that the City Council was not giving up any right to negotiate or make changes in the plan until the City Council has made full and final acceptance of the entire plan. Motion by Bigler, seconded by James and passed that the discussion be closed, the resolution be amended as suggested by Mayor Smith, and the vote be taken. vote: SECOND READING OF A RESOLUTION: AUTHORIZING THE FILING OF THE APPLICATION FOR LOAN AND GRANT FOR BAYVIEW-BLUFF PROJECT, TEX. R-1, CORPUS CHRISTI, TEXAS. The foregoing Ordinance was read for the second time and passed to its third reading by the following Farrell D. Smith Abstained W. J. Roberts Aye B. E. Bigler Abstained Manuel P. Maldonado Aye Charlie J. Aills Absent Arthur R. James Aye Odell Ingle Aye Mayor Smith declared a brief recess. 139 Mayor Pro -tem Roberts called the meeting to,order after the recess, and announced the Council would next hold the public hearing scheduled for 3:00 P_X',­on th�e'Agnes'-Laredo Street Improvement Project and the pro- posed assessments to the abutting property owners. Assistant City Attorney Bernard Schrader called Director of Public Works Drahn'Jones as a witness, and by questions and answers, Mr. Jones testified in detail as to the plans and specifications prepared by Lockwood & Andrews, Engineers, for the construction of the improvements, and as to the rate of assessments proposed to be charged against the abutting property owners. The plans and specifications were marked by the City Secretary as "Exhibit A" for the record. All improvements are within the City Limits. The improvements consist of concrete sidewalks, curbs and gutters, driveways and some storm sewer extensions and utility connections for Agnes Street f Port Avenue to Staples Street, Laredo Street from Port Avenue to Staples Street, Sixteenth Street from Agnes Street to Laredo Street, Alameda Street from Agnes Street to Laredo Street, and Twenty-first Street from Agnes Street to Laredo Street. The pavement, excavation and surfacing of the streets will be done under a contract let by the. State Highway Department and are excluded from the project. The two streets are to be.44' from face of curb to face of curb. Sidewalks are to be 4' and 7.51, in general the 7.5' sidewalks are to be placed in front of business property and the 4' sidewalks.for residences. The proposed assessment roll was marked by the City Secretary.as "Exhibit B" for the record. The rate of assessment for curb and gutter per lineal foot is $2.07036, for 7.5' sidewalk per squar foot is $0.52824, for 4' sidewalk per square foot is $0.4686, and for concrete driveway per square foot is $0.9585. Actual cost was determined by receiving competitive bids on the work, and assessment calculated on the basis of 80% of the unit price plus 6.5% for engineering. There is no property zoned as residential property within the project, and no credits given for existing facilities since in general all must be replaced due to grade levels, however any that can be saved and used will be, and assessments can be reduced but not increased after the closing of the hear Mr. Fred Quaile was called as an expert witness and after stating his qualifications as a real estate appraiser in the City of Corpus Christi, he testified to the fact that he, together with Mr. W. N. Cooper, had view the plans and had inspected each of the properties involved in the assessment program and held discussions with other realtors in the City, and testified that in his opinion, each of the properties would be specially benefitted and enhanced in value at least to the extent of the assessment against each of the properties. The following persons appeared to ask questions about the improvement and assessments, or to request credit for existing facilities, or corrections in ownership: B. K. Boys, Block 6, Lots 26 to 19 inclusive, Steele Addition, requested the reopening of an alley that goes through that block because the abutting property owners have taken it for granted that they own it. He was advised to check with the Legal Department to ascertain the facts in the matter. G. Curtis Clark asked where .the 4' sidewalks would apply and where the 7.5' sidewalks would apply, and :7,[ when the road construction would be done. He was informed that in general the 7.5' sidewalks would be in front of businesses and the 4' sidewalks along the side of buildings, and that in the case of the side of a building facing the street, it would be a matter for individual study;,and that with regard to the roadway improvement, Mr. T. 0. Foster of thLf Highway Department, is working with the City to try to time that work with the completion of the City's portion of the project. In answer to another question from the audience, i�„was explained, hat the City has already cleared a 60' right-of-way except at the Hebrew Cemetery where the property juts out 41° an77d �that no privAte improvements en- croach on the right-of-way. A representative for D. W. Grant, Block 9, Lot 1, Home Place, requested credit for the existing sidewalk improvements since they had been constructed according to the City's specifications. E. G. Estrada, Block 8, Lots 13 to 24 inclusive, Patrick Webb Addition, also requested credit for exist- ing improvements on the basis of construction according to the City's specifications. T. M. Gannaway, Block 6, Lots 15, 14, 13, 12 & 11, Steele Addition, stated that his tenant loads and un- loads his trucks on the area from the building to the street line and does not want any sidewalk or curb interfer- ence with this operation. John C. Brooke, speaking for himself and Humble Oil Co., Block 2, Lots 11 & 12, 13, 14, 15 & 16, Chamber- lain Addition, requested that as much of their concrete improvement be undisturbed as possible on the basis that it is concrete all the way back to the building and graded up, and credit be given since no sidewalks will be necessary. C. B. Diaz, Block 13, Lot 5 & 6, Patrick Webb Addition, stated that the size of his property on the roll he checked was incorrect. He was informed that the assessment roll had been changed to record the correction of 54.3' of abutting property instead of 49.31. W. M. Neyland, speaking for Mrs. Sib Neyland, Block 5, Lot 3, 2 & 1, Lawn View Addition, objected to the assessment for the improvements on the basis that bonds had been voted on 2 occasions for the paving of.Agnes & Laredo, and the State is assuming the obligation for the street paving; he presented snapshots of property up and down Agnes showing walkways in various conditions, and stated that credit should be given for good usi,iable sidewalks, and further stated that a very narrow strip of property would not have the same enhancement value as a wide piece Of property. 140 Bill Mims, representing Kaffie Properties, Block 8, Lot 14, Home Place, asked questions concerning the i provements and made requests concerning credits for existing sidewalk, curb and gutter. M. C. Garza, representing Salvador G. Garza, Block 15, Lots 3 & 4, Chamberlain Addition, and Julio Galvan Block 7, Lots 2 & 1, Patrick Webb Addition, didn't want curb and sidewalks as the space between the street and building is being used for head -in parking. A representative of Texas Mexican Railroad, Block 13, Lots 13 & 14, Chamberlain Addition,. asked if there was to be any change in the grade of their track. He was informed that the plans were exactly as Homer Ennis had worked out with them. W. H. Renfrow, Block 11, Lots 1, 2, 3 & 4, Chamberlain Addition, requested credit for existing improve- ments, since he had installed them to City specifications. Mr. Stein, Stein & Dawson, Block 1, Lots 25 to 28 inclusive, Steele Addition, asked for a clarification of his improvements, and was informed also that there was to be a cut in the island. Joe Sheinberg requested that the assessment rolls be corrected to show ownership in the name of Rose Josephs and J. L. Sheinberg for Block 4, Lots 4 through 12, and stated that there was not room enough to put in a 7.5' sidewalk. It was noted to check the ownership of Lots in the name of Jack Miller in this block. Yetta Nelson, Block 3, Lots 9 to 16 inclusive, Chamberlain Addition, felt that sidewalks and curbs would be a detriment to her tenants, and requested about 3 weeks' time to find out what would suit them. She was in- structed to contact the Public Works Department as soon as possible. The attorney for Donigan Heirs Estate, Guaranty Title & Trust Co., Block 4, Lots 1 to 12 inclusive, re- quested that the City follow precedent and leave the existing 300' of sidewalk, -curb and gutter that was constructed to grade and City specifications at the time,, and also stated that he felt it would be detrimental to the value of the property if the roadway was to be a different grade level and necessitate a step down or up into a place of business. He was informed that the City had set the grades, and the State would conform to them in their roadwork. He further asked about an awning that conformed to the Code when it was installed, but that would now overhang about 2/3rds of the width of the sidewalk. The matter of the step-down and the awning will be checked. City Manager Whitney presented a letter from the Corpus Christi Independent School District, Block 5, Lots 1 to 14 inclusive, Chamberlain Addition, approving the payment of $1601.12 for improvements on the Laredo Street but protesting the assessment of $2237.78 on, Agnes Street. Mrs. J. G. Almaguer, Block 5, Lots 15 & 16, Chamberlain Addition, stated that she is a widow, has no income whatsoever, and won't be able to pay any assessment, and stated that the property is on record as her Home- stead. W. K. Sheppard, Guaranty Title & Trust Co., Block 22, Lots 10 to 13 inclusive, C. W. & W.A., requested a 4' sidewalk rather than 7.5' sidewalk, and said he wanted to contact the tenant to determine the number and placing of driveways. City Manager Whitney, related a phone call from Harold Alberts, attorney for Jewish Cemetery Association, Block 1, Lots 32 to 1 inclusive, Union Depot, C.W. & W.A., protesting the proposed assessment against the Jewish Cem - tery propgrty on the,grounds,-that. a State.law prohibits_the assessments. against: the.indiVidual cemetery lots, and'- that he didn't feel the assessment:agaiast the Association would be practical, since the whereabouts of many of the families involved are unknown. Director of Public Works Drahn Jones stated for the record that Dudley Jones, Block 4, Lots 17 to 24 in- clusive, Patrick Webb Addition is being given an adjustment of $394.88 for existing sidewalk per right-of-way deed. David De Alcala, Block 31, Lot 7, C.W. & W.A., requested credit for his existing 41, sidewalk. Dora K. Deputy requested the change of name of property owner for Block 15, Lot 6, C.W.& W.A., and re- quested credit for existing 4' sidewalk and curb, all in good condition. Frank Bluntzer, Block 15, Lot 5, requested credit for existing sidewalk, curb and gutter. Vern H. King, Block 15, Lot 4, C.W. & W.A.., requested credit for existing 4' sidewalk, and for an 8.4" concrete driveway, and stated that he had only enough room for an 8'4" driveway and should not anyway be charged for a 10' driveway. Director of Public Works Drahn Jones called attention to the correction in name of property owner for Block 15, Lots 2 and 1, C.W. & W.A., to G. Curtis Clark. Requested adjustments and corrections based on requests and objections by property owners appearing were noted to be considered by the Council in the final assessments, and to be adjusted and corrected in those cases where the Council deems it advisable, by subsequent ordinance. Everyone present who wished to be heard having spoken, motion by James, seconded by Bigler and passed' that the hearing be closed, and the matter taken under advisement. There being no further business to come before the Council, the meeting was adjourned. REGULAR COUNCIL MEETING April 1, 1959 2:00 P. M. PRESENT: Mayor Farrell D. Smith Commissioners: City Manager Herbert W. Whitney W. J. Roberts City Attorney I. M. Singer B. E. Bigler Manuel P. Maldonado City Secretary T. Ray Kring Charlie J. Aills Arthur R. James Odell Ingle deferred. 141 Mayor Farrell D. Smith called the meeting to order. The Invocation was given by Reverend Earl Hill, Pastor of Southside Baptist Churth. City Secretary T. Ray Kring called the roll of those in attendance. Approval of the minutes of the special meeting of March 24 and of the regular meeting of March 25 was Mayor Smith called for the City Managers reports. Motion by Bigler, seconded by James and passed that the request of T. H. Lea for an extension of 7 days completion time for the Airline Road Storm Sewer, of Bur -Tex Constructors, Inc. for an extension of 14 days com- pletion time for the Westside Sewer Trunk Line, and of W. A. Dorris, Contractor, for an extension of 59 days com- pletion time for the Gardendale Water Lines be granted due to time lost as a result of rains and wet soil conditions during January, February and March. Motion by James, seconded by Bigler and passed that the construction of Seal Coating on approximately 14 miles of Streets be accepted, and payment of final estimate No. 6 be made to L. P. Sholl in the amount of $6,111.24 from funds previously appropriated. Motion by Ingle, seconded by Maldonado and passed that the date of April 22, 1959, during the regular meeting, be set for a public hearing on an application of Jack Davis for a change in zoning. Motion by Ingle, seconded by James and passed that the following changes in Polling Places and Judges for the April 7 Election be approved: Precinct 6 - Substitute Judge - Mrs. R. J. Hereford; Precinct 16 - Substitute Polling Place - Laundry Building, Incarnate Word Academy, Austin Street; Precinct 23 - Substitute Judge - Mrs. Albert Van Kirk; Precinct 27 - Substitute Judge - Mrs. A. C. Kuehm; Precinct 28 - Substitute Polling Place - Store Building, formerly Jack & Jill Shop, Lamar Park Shopping Center, 2818 S. Alameda; Precinct 31 - Substitute Polling Place - Scout Hut, rear of St. John's Methodist Church, 5300 S.Alameda; Substitute Judge - Mrs. Wanda Keith; Precinct 33 - Substitute Polling Place - Store Building, Gulfway Shopping Center, 6004 Lexington; Precinct 12 - Substitute Polling Place, Goodwill Industries Chapel, 2961 S. Port. ORDINANCE N0. 5300 RECEIVING AND ACCEPTING THE WORK OF CONSTRUCTION, CONSISTING OF SEAL COATING APPROXIMATELY FOURTEEN (14) MILES OF STREETS, PERFORMED BY L. P. SHOLL, CONTRACTOR, UNDER HIS CONTRACT WITH THE CITY DATED OCTOBER 1, 1958, AS AUTHORIZED BY ORDINANCE NO. 5163, AUTHORIZING PAYMENT OF FINAL ESTIMATE N0. 6, IN THE AMOUNT OF $6,111.24 FROM FUNDS PREVIOUSLY APPROPRIATED FROM NO. 321, STREET MAINTENANCE AND CONSTRUCTION BUDGET; AND DECLARINGAN •EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye ORDINANCE NO. 5301 AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE RELEASE OF SPECIAL ASSESSMENT AS FOLLOWS: IN THE AMOUNT OF $506.87 AGAINST THAT CERTAIN PROPERTY FRONTING 50.00 FEET ON THE SOUTHEAST SIDE OF KOSTORYZ ROAD, DESCRIBED AS BEING S. k OF IAT 18, BLOCK 1, MAHAN ACRES, AN ADDITION TO THE CITY OF CORPUS CHRISTI, AND THE OWNER THEREOF, ALFONSO SALAZAR: A COPY OF WHICH RELEASE IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye 142 The foregoing ordinance was passed by the following vote: Farrell D..Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye ORDINANCE NO. 5302 AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE RELEASES OF SPECIAL ASSESSMENT AS FOLLOWS: (1) IN THE AMOUNT OF $479.03 AGAINST THAT CERTAIN PROPERTY FRONTING 60' ON THE NORTHWEST SIDE OF KOSTORYZ ROAD, DESCRIBED AS BEING NE 60' OF IAT T, BLOCK 15, LEXINGTON PLACE, AND THE OWNER THEREOF, JACOB NEMEC: (2) IN THE AMOUNT OF $479.03 AGAINST THAT CERTAIN PROPERTY FRONTING 60' ON THE NORTHWEST SIDE OF KOSTORYZ ROAD,. DESCRIBED AS BEING SW 60' OF IAT T, BLACK 15, LEXINGTON PLACE, AND THE OWNER THEREOF, C. D. KASPER: (3) IN THE AMOUNT OF $506.87 AGAINST THAT CERTAIN PROPERTY FRONTING 50' ON THE SOUTH- EAST SIDE OF KOSTORYZ ROAD, DESCRIBED AS BEING N'k OF LOT 17, BLOCK 1, MAHAN ACRES, AN ADDI- TION TO THE CITY OF CORPUS CHRISTI, AND THE OWNER THEREOF, EVA MAUDE HINKLE: A COPY OF WHICH RELEASES ARE ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye W. J, Roberts. Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye ORDINANCE NO. 5303 AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI - TO EXECUTE RELEASES OF SPECIAL ASSESSMENT AS FOLLOWS: (1) IN THE AMOUNT OF $158.34 AGAINST THAT CERTAIN PROPERTY FRONTING 63' ON THE NORTHWEST SIDE OF KOSTORYZ ROAD, DESCRIBED AS BEING IAT 7, BLOCK 11, LAWNDALE #1, AND THE OWNER THEREOF, E. E. MOKRY: (2) IN THE AMOUNT OF $79.17 AGAINST THAT CERTAIN PROPERTY,FRONTING 63' ON THE NORTHWEST SIDE OF KOSTORYZ ROAD, DESCRIBED AS BEING LOT 6, BLOCK 11, LAWNDALE Yk12,AND THE OWNER THEREOF, JOHN STASA: (3) IN THE AMOUNT OF $659.30 AGAINST THAT CERTAIN PROPERTY FRONTING 103.18' ON THE NORTHWEST SIDE OF KOSTORYZ ROAD, DESCRIBED AS BEING SW 103' OF IAT 1, GUST HEYE, AN ADDITION TO THE CITY OF CORPUS CHRISTI, AND THE OWNER THEREOF, JNO. C. BISHOP AND WIFE: A COPY OF WHICH RELEASES ARE ATTACHED HERETO AND MADE A PART HEREOF: AND DECLARING AN EMERGENCY. THE CHARTER Rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith .Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye 143 ORDINANCE NO. 5304 AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE RELEASES OF SPECIAL ASSESSMENT AS FOLLOWS: (1) TN THE AMOUNT OF $75.40 AGAINST THAT CERTAIN PROPERTY FRONTING 60' ON,THE NORTHWEST SIDE OF KOSTORYZ ROAD, DESCRIBED AS BEING LOT 10, BLOCK 5, LAWNDALE #2, AND THE OWNER THEREOF, Z. B. ARNOLD: (2) IN THE AMOUNT OF $64.09 AGAINST THAT CERTAIN PROPERTY FRONTING 51' ON THE NORTHWEST SIDE OF KOSTORYZ ROAD, DESCRIBED AS BEING LOT 21, BLOCK 1, WYNWOOD #1, AND THE OWNER THEREOF, WALTER E. JACKSON: (3) IN THE AMOUNT OF $65.59 AGAINST THAT CERTAIN PROPERTY FRONTING 52.19' ON THE NORTHWEST SIDE OF KOSTORYZ ROAD, DESCRIBED AS BEING IAT 30, BLACK 1, WYNWOOD #1, AND THE OWNER THEREOF, RUSSELL ROBINSON: (4) IN THE AMOUNT OF $116.62 AGAINST THAT CERTAIN PROPERTY FRONTING 73' ON THE SOUTHEAST SIDE OF KOSTORYZ ROAD, DESCRIBED AS BEING LOT 4, BLACK 1, CASA LINDA EST. #1, AN ADDITION TO THE CITY OF CORPUS CHRISTI, AND THE OWNER THEREOF, W. W. ADCOCK, SR.: A COPY OF WHICH RELEASES ARE ATTACHED HERETO AND MADE A PART HEREOF: AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye ORDINANCE N0. 5305 CLOSING THE HEARING GIVEN TO THE REAL AND TRUE OWNERS OF PROPERTY ABUTTING ALAMEDA STREET FROM THE SOUTHEAST BOUNDARY OF DODDRIDGE STREET TO THE NORTHERLY BOUNDARY OF OSO GOLF COURSE, AVALON STREET FROM THE SOUTHEAST BOUNDARY LINE OF EVERHART ROAD TO THE SOUTHWEST BOUNDARY LINE OF ALAMEDA STREET, EVERHART ROAD FROM ALAMEDA STREET TO AVALON STREET, ROBERT DRIVE FROM THIRTY FEET SOUTH OF THE SOUTH BOUNDARY LINE OF AVALON STREET TO FORTY FEET NORTHEAST OF THE NORTHEAST BOUNDARY LINE OF ALAMEDA STREET, AND AIRLINE ROAD FROM ONE HUNDRED TWENTY FEET NORTH OF THE CENTERLINE OF ALAMEDA STREET TO ONE HUNDRED TWENTY FEET SOUTH OF THE CENTERLINE OF ALAMEDA STREET AS TO SPECIAL BENEFITS TO ACCRUE TO SAID PROPERTY AND THE REAL AND TRUE OWNERS THEREOF, BY VIRTUE OF THE IMPROVEMENT OF SAID STREETS WITHIN THE LIMITS DEFINED, AND AS TO ANY ERRORS, AND INVALIDITIES OR IRREGULARITIES IN ANY OF THE PROCEEDINGS OR CONTRACT THEREOF, OVERRULING AND DENYING ALL PROTESTS AND OBJECTIONS OFFERED, EXCEPT THE CHANGES REFLECTED HEREIN, FINDING AND DETERMINING THAT THE PROPERTY ABUTTING UPON THE PORTIONS OF ALAMEDA STREET, AVALON STREET, EVERHART ROAD, ROBERT DRIVE AND AIRLINE ROAD, WITHIN THE LIMITS DEFINED, WILL BE SPECIALLY BENEFITED AND ENHANCED IN VALUE IN EXCESS OF THE AMOUNT OF THE COST OF SAID IMPROVEMENTS PROPOSED TO BE AND AS HEREIN ASSESSED AGAINST SAID PROPERTY ABUTTING UPON PORTIONS OF ALAMEDA STREET, AVALON STREET, EVERHART ROAD, ROBERT DRIVE AND AIRLINE ROAD, AND LEVYING AN ASSESSMENT FOR THE PAYMENT OF A PORTION OF THE COST OF IMPROVEMENTS ON SAID STREETS, WITHIN SAID LIMITS, FIXING A CHARGE AND LIEN AGAINST THE PROPERTY ABUTTING UPON SAID STREETS AND THE REAL AND TRUE OWNER OR OWNERS THEREOF, PROVIDING FOR THE ISSUANCE OF ASSIGNABLE CERTIFICATES UPON THE COMPLETION AND ACCEPTANCE OF SAID WORK, THE MANNER AND TIME OF PAYMENT AND PROVIDING THE MANNER AND METHOD OF COLLECTION OF SAID ASSESSMENTS AND CERTIFICATES: AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye Mayor Smith asked if any member of the Council was directly or indirectly interested in the following ordinance with reference to the Southwestern Bell Telephone Company through ownership of stock of the Southwestern Bell Telephone Company or its parent company, American Telephone & Telegraph Co., to please let the fact be known, and if so to disqualify himself from voting on the ordinance. Commissioner Odell Ingle stated that he owned some American Telephone & Telegraph Co. stock and would abstain from voting on the ordinance, and that the Mayor and Council were aware of the fact of this ownership of tock at the time that the application for an increase in rates was filed by Southwestern Bell Telephone Company. 144 vote: FIRST READING OF AN ORDINANCE: MAKING A FINDINGS OF FACT WITH RESPECT TO THE APPLICATIOWOF SOUTHWESTERN BELL TELEPHONE COMPANY FOR AN INCREASE IN ITS RATES FOR EXCHANGE SERVICE IN THE CITY OF CORPUS CHRISTI, TEXAS; AUTHORIZING A SCHEDULE OF RATES APPLICABLE WITHIN -THE CITY OF CORPUS CHRISTI FOR EXCHANGE SERVICES; FIXING A DATE FOR APPLICATION OF SUCH RATES; REQUIRING FILING OF'SEMI-ANNUAL FINANCIAL STATEMENT BY SAID TELEPHONE COMPANY: ESTABLISHING A-SCHEDULE'OF MISCELLANEOUS RATES AND CHARGES FOR THE SOUTHWESTERN BELL TELEPHONE COMPANY. The foregoing ordinance was read for the first time and passed to its second reading by the following -Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Abstained Mayor Smith announced that the resolution which has been read twice authorizing the filing of the application for loan and grant for Bayview -Bluff project has been revised in.accordance with previous motions of the Council, and for the benefit of those interested in the audience, read the resolution as revised. The following persons appeared to become better informed, to urge that the referendum be submitted to the voters before any plan is sent to Fort Worth, or to urge that any Urban Renewal or Slum Clearance project be handled at the local level and with local money only: Mrs. Cecelia Blankert Mr. Renous Blankert Mr. Billy Hedges Mr. C. C. Cosgrove Mrs. Rita Gonzales Mrs. Bolin Mahaffey Mr. Lonnie King ' Mr. Leland Ross, of the Home Builders' Association, urged that the plan be submitted to Fort Worth as orderly procedure, and stated that his Association was making every effort to fully inform all the citizens of all aspects of the project before the referendum question is to be submitted to the voters. Everyone present who desired to speak having been heard, motion by James, seconded by Ingle and passed, with Commissioner Bigler abstaining, that the revised resolution as read by Mayor Smith be substituted before the third and final reading for the resolution which has been read twice with reference to the Bayview -Bluff project. RESOLUTION NO. 5306 AUTHORIZING THE FILING OF A PLAN FOR SLUM CLEARANCE AND URBAN REDEVELOPMENT PROJECT FOR AN AREA DESIGNATED AS BAYVIEW-BLUFF PROJECT, TEX. R-1, CORPUS CHRISTI, TEXAS. The foregoing resolution was read for the third time and passed finally by the following voteA: Farrell D. Smith Abstained W. J. Roberts Aye B. E. Bigler Abstained Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye ORDINANCE NO. 5307 AMENDING ORDINANCE NO. 5274 PASSED AND APPROVED HERETOFORE ON THE 5TH DAY OF FEBRUARY, 1959, BY ADDING TO SAID ORDINANCE SECTION 1-A, WHICH SETS OUT THE FULL PROVISIONS OF THE F.A.A. GRANT AGREEMENT, AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye 145 Mayor Smith invited anyone in the audience with petitions or information for the Council on matters not scheduled on the agenda to come forward and be heard. No one appeared. There being no further business to come before the Council, the meeting was adjourned. THE STATE OF TEXAS COUNTY OF NUECES CITY OF CORPUS CHRISTI NOTICE OF SPECIAL MEETING TO THE MEMBERS OF THE CITY COUNCIL, THE CITY MANAGER, THE CITY SECRETARY AND THE CITY ATTORNEY TO THE CITY OF CORPUS CHRISTI, TEXAS: NOTICE is hereby given that a special meeting of the City Council of the City of Corpus Christi, will be held in the City of Corpus Christi, Texas, in the Council Chamber of the City Hall, at 2:00 .p.m., on the 6 day of April, 1959, for the purpose of Receiving bids for Seal Coating approximately 36-3/4 miles of Streets, and such other matters as may properly come before the Council. DATED this the 6.day of April, 1959. Ls/ Farrell D. Smith FARRELL D. SMITH, Mayor City of Corpus Christi, Texas CONSENT TO MEETING We, the undersigned members of the City Council, the City Manager, the City Secretary and the City Attorney of Corpus Christi, Texas, hereby accept service of the foregoing notice, waiving any and all irregularities in such service and consent and agree that said meeting shall be at the time and place therein named and for the purpose therein stated. W. J. ROBERTS /s/ B. E. Bigler B. E. BIGLER MANUEL P. MALDONADO /s/ Herbert W. Whitney HERBERT W. WHITNEY City Manager PRESENT: Mayor Farrell D. Smith Commissioners: B. E. Bigler Charlie J. Aills Arthur R. James Odell Ingle /s/ Charlie J. Aills CHARLIE J. AILLS /s/ A. R. James ARTHUR R. JAMES 1s/ Odell Ingle ODELL INGLE /s/ I. M. Singer I. M. SINGER City Attorney /s/ T. Ray Kring T. RAY KRING City Secretary SPECIAL COUNCIL MEETING April 6, 1959 2:00 p.m. City Manager Herbert W. Whitney City Attorney I. M. Singer City Secretary T. Ray Kring Mayor Farrell D. Smith called the meeting to order. City Secretary T. Ray Kring called the roll of those in attendance. Mayor Smith announced the opening of bids. V Bids were opened and read on the Seal Coating of approximately 36-3/4 miles of Streets from the following: South Texas Construction Co. Heldenfels Brothers J. H. Chastain & Sons Lewis A. Fowler Brannon Brothers Construction Co. L. P. Sholl 146 Motion by Bigler, seconded by Aills and passed that the foregoing bids be tabled for 48 hours as re- quired by the City Charter, and referred to the City Manager for tabulation. There being no further business to come before the Council, the special meeting was adjourned. PRESENT: Mayor Farrell D. Smith Commissioners: W. J. Roberts B. E. Bigler Manuel P. Maldonado Charlie J. Aills Arthur R. James Odell Ingle REGULAR COUNCIL MEETING April 8, 1959 2:00 P. M. City Manager Herbert W. Whitney City Attorney I. M. Singer City Secretary T. Ray Kring Mayor Farrell D. Smith called the meeting to order. The Invocation was given by Dr. Norman Evans, of St. Luke's Methodist Church. City Secretary T. Ray Kring called the roll of those in attendance. Motion by James, seconded by Roberts and passed that the minutes of the special meetings of March 24 and April 6 and the regular meetings of March 25 and April 1 be approved. Mayor Smith announced the opening of bids. !:Bids were opened and read on Street Base Work & Surfacing, Project A, from the following: South Texas Construction Co. Troy Grant Construction Co. J. H. Chastain & Sons Lewis A. Fowler ' Heldenfels Brothers Motion by Bigler, seconded by Aills and passed that the foregoing bids be tabled for 48 hours as required by City Charter, and referred to the City Manager for tabulation. Mayor Smith called for the City Manager's reports. Motion by Bigler, seconded by Aills and passed that the plans and specifications for Air-conditioning of the Coliseum be approved, subject to inspection and approval of the incoming Council, and the City Manager be author- ized to advertise for bids to be received in 30 days or less as the City Manager may determine; that the plans and specifications for paving construction of Agnes & Laredo Streets be approved, and the City Manager be authorized to execute the agreement with the Texas Highway Department relative to this construction) and that the plans and speci- fications for construction of Fire Station #10, Horne Road just north of Greenwood Drive, be approved subject to re- view by the incoming Council and the City Manager be authorized to advertise for bids to be received on April 22. Motion by Bigler, seconded by Ingle and passed that the City Manager be authorized to advertise for bids to be received on April 29 for a bank to act as Depository Bank for the City for the ensuing 2 years. Motion by Roberts, seconded by Bigler and passed that the City accept the valuations by Houston Natural Gas Co., on the value of their system, subject to review of the incoming Council, on the basis that the foregoing figures are almost identical to those of the City. Motion by Bigler, seconded by James and passed that the award of contract for seal coating approximately 36-3/4 miles of streets be made to Brannon Brothers Construction Company of Victoria on the basis of their low bid, in the amount of $81,589.83, and that $85,600.00 be appropriated to cover the construction contract and contingencies ORDINANCE NO. 5308 OF THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI:, TEXAS, CLOSING THE HEARING GIVEN TO THE REAL AND TRUE OWNERS OF PROPERTY ABUTTING UPON AGNES, LAREDO, SIXTEENTH, TWENTY-FIRST, AND ALAMEDA STREETS, IN THE CITY OF CORPUS CHRISTI, TEXAS, AS TO SPECIAL BENEFITS TO ACCRUE TO SAID PROPERTY AND THE TRUE OWNERS THEREOF BY VIRTUE OF THE IMPROVEMENT THEREOF, AND AS TO THE ACCURACY, SUFFICIENCY, REGULARITY AND VALIDITY OF THE PROCEEDINGS AND CONTRACTS IN CONNECTION WITH SAID IMPROVEMENTS AND ASSESSMENTS, AND ANY MATTER OR THING CONNECTED THEREWITH; OVERRULING AND DENYING ALL PROTESTS AND OBJECTIONS OFFERED; FINDING AND DETERMINING SPECIAL BENEFITS TO EACH PARCEL OF PROPERTY AND THE OWNERS THEREOF IN EXCESS OF THE AMOUNT OF THE SPECIAL ASSESSMENT AGAINST SAME; FINDING REGULARITY OF ALL PROCEEDINGS AND THE PERFORMANCE OF ALL PREREQUISITES TO FIXING THE ASSESSMENT LIENS AND THE PERSONAL LIABILITY TO PROPERTY OWNERS; LEVYING ASSESSMENTS, FIXING A CHARGE AND LIEN AGAINST SAID PROPERTIES ABUTTING SAID STREETS AND THE TRUE OWNERS THEREOF FOR THE PAYMENT OF PART OF THE COSTS OF THE IMPROVEMENTS WITHIN THE LIMITS DESCRIBED; PROVIDING FOR THE ISSUANCE OF ASSIGNABLE ASSESSMENT CERTIFICATES AND THE MANNER OF THEIR COLLECTION; AND DECLARING AN EMERGENCY. 146-A I, Farrell D. Smith, Mayor of the City of Corpus Christi, Texas, certify that the foregoing Minutes, same being for the period of March 11, 1959 through April L. 1959, inclusive, and having been previously approved by Council Action, are by me hereby approved. Q�'/P � 4, ��4 FARRELL D. SMITH, Mayor The City of Corpus Christi, Texas 14'7 The Charter rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James. Aye Odell Ingle Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye ORDINANCE NO. 5309 AUTHORIZING EXECUTION BY THE CITY MANAGER OF AN AGREEMENT WITH THE STATE HIGHWAY COMMISSION FOR THE ESCROW OF FUNDS FOR THE PAYMENT OF THE COSTS OF CONSTRUCTION INCLUDING CONTINGENCIES AND CONSTRUCTION ENGINEERING OF A STREET ILLUMINATION SYSTEM ON U. S. HIGHWAY 181 AND STATE HIGHWAY 9, INCLUDING THE SHIP CHANNEL BRIDGE AND THE APPROACHES THERETO, EXTENDING FROM WACO STREET, SOUTHWARDS TO DAVIS STREET, NORTH OF THE BRIDGE IN THE CITY OF CORPUS CHRISTI; APPROPRIATING THE SUM.OF $75,000.00 ' OUT OF NO. 230 BOND FUND; AUTHORIZING AND DIRECTING THE CITY MANAGER TO DO SUCH OTHER..THINGS AS MAY BE NECESSARY TO FACILITATE THE CITY'S PART OF THE CONSTRUCTION AND PAYMENT OF.THE CITY'S PORTION OF THE PAYMENT OF THE COSTS OF THE SAID ILLUMINATION SYSTEM; AND DECLARING AN EMERGENCY. The Charter�-rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye The foregoing ordinance was passed by the following vote: ORDINANCE NO. 5310 AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE RELEASE OF SPECIAL ASSESSMENT AS FOLLOWS: IN THE AMOUNT OF $75.40 AGAINST THAT CERTAIN PROPERTY FRONTING 60 FEET ON THE NORTHWEST SIDE OF KOSTORYZ ROAD, DESCRIBED AS BEING LOT 3, BLOCK 5, LAWNDALE #2, AN ADDITION TO THE CITY OF CORPUS CHRISTI, AND THE OWNER THEREOF, C. T. GIBBS, ET UX: A COPY OF WHICH RELEASE IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Farrell D. Smith FarrellD. Smith Aye W. J. Roberts W. J. Roberts Aye B. E. Bigler B. E. Bigler Aye Manuel P. Maldonado Manuel P. Maldonado Aye Charlie J. Aills Charlie J. Aills Aye Arthur R. James Arthur R. James Aye Odell Ingle Odell Ingle Aye ORDINANCE NO. 5310 AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE RELEASE OF SPECIAL ASSESSMENT AS FOLLOWS: IN THE AMOUNT OF $75.40 AGAINST THAT CERTAIN PROPERTY FRONTING 60 FEET ON THE NORTHWEST SIDE OF KOSTORYZ ROAD, DESCRIBED AS BEING LOT 3, BLOCK 5, LAWNDALE #2, AN ADDITION TO THE CITY OF CORPUS CHRISTI, AND THE OWNER THEREOF, C. T. GIBBS, ET UX: A COPY OF WHICH RELEASE IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye W..J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye City Attorney I. M. Singer requested and recommended that the Council amend Section 3 before the second ing of an ordinance making a findings of fact with respect to the application of Southwestern Bell Telephone Com-' any for an increase in its rates for exchange service in the City of Corpus Christi, to the effect that the ordinance e effective upon final passage and not contingent upon the telephone company's acceptance of the rates, or at such ter date as the company desires to make it effective so as to coincide with its billing period, and Mr. Singer read recommended amendment. 6 148 Mayor Smith commented that it was his personal feeling that since there is a law suit pending between the City and the telephone company, and since the Council is now on the second reading of an ordinance that relates to the subject matter of that suit, that certain facts should be stated for the record; that there had been an offe made by the opposing counsel to compromise the requested phone rates pending before the City Council of a million and a half dollars per year; that offers to compromise had been made to the City Council; one being made on the basis of approximately 25s on the dollar and another on the basis of approximately 50C. on the dollar; that the City's counter offer was to be submitted to higher authority in the company for consideration; that the company had delayed further response inasmuch as they had a rate case pending in Waco; and that the City Council had the understanding that the matter was still under negotiation at the time of the filing of the law suit. Motion by James, seconded by Roberts and passed that the ordinance passed on first reading, April 1,195 "MAKING FINDINGS OF FACT WITH RESPECT TO THE APPLICATION OF SOUTHWESTERN BELL TELEPHONE COMPANY FOR AN INCREASE IN RATES FOR EXCHANGE SERVICE IN THE CITY OF CORPUS CHRISTI, TEXAS . . ."by"amending Section 3 to hereafter read as follows: vote: "Section 3. The Southwestern Bell Telephone Company is authorized to place such schedule of rates in effect from and after the final passage of this ordinance or on such later date as the Company may desire. The Company shall file with the City Secretary of the City of Corpus Christi the effective date of the schedule of rates and charges for exchange service and for miscellaneous rates and charges, and after said date fixed by said Company, said rates shall be effective within the area set forth in Section 2 hereof." SECOND READING OF AN ORDINANCE: MAKING A FINDINGS OF FACT WITH RESPECT TO THE APPLICATION OF SOUTHWESTERN BELL TELEPHONE COMPANY FOR AN INCREASE IN ITS RATES FOR EXCHANGE SERVICE IN THE CITY OF CORPUS CHRISTI, TEXAS; AUTHORIZING A SCHEDULE OF RATES APPLICABLE WITHIN THE CITY OF CORPUS CHRISTI FOR EXCHANGE SERVICES; FIXING A DATE.FOR,APPLICATION OF SUCH RATES;L;REQUIRING FILING OF SEMI-ANNUAL FINANCIAL STATEMENT BY SAID TELEPHONE COMPANY; ESTABLISHING A SCHEDULE OF MISCELLANEOUS RATES AND CHARGES FOR THE SOUTH- WESTERN BELL TELEPHONE COMPANY. The foregoing ordinance was read for the second time and passed to its third reading by the following Farrell D. Smithl., Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Abstained ORDINANCE NO. 5311 AUTHORIZING AND DIRECTING THE CITY MANAGER OF THE CITY OF CORPUS CHRISTI, TEXAS, TO EXECUTE A CONTRACT BETWEEN_THE CITY OF CORPUS CHRISTI AND V. L. ROSSI, INC., AND WILCO DEVELOPERS, INC., PROVIDING FOR THE ANNEXATION OF ALL OF LOTS 17 AND 18, SECTION 18, OF FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, SAVE AND EXCEPT PORTIONS THEREOF MORE SPECIFICALLY DESCRIBED IN THE SAID CONTRACT TO ANNEX, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF. The foregoing ordinance was read for the third time and passed finally by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye ORDINANCE NO. 5312 AMENDING 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. 2266 PASSED AND APPROVED ON THE 4TH DAY OF MAY, 1948, APPEARING OF RECORD IN VOLUME 16, PAGES 339 ET SEQ OF THE ORDINANCE AND RESOLUTION RECORDS, AND AS AMENDED BY ORDINANCE NO. 4846 ADOPTED ON THE 21ST DAY OF AUGUST, 1957, APPEARING OF RECORD IN VOLUME 26, PAGES 385 ET SEQ OF THE ORDINANCE AND RESOLUTION RECORDS, BY AMENDING THE ZONING MAP BY CHANGING THE ZONING OF LOTS A & B OF THE HAMLETT AND RYCHETSKY TRACT AS APPEARS OF RECORD IN VOLUME 21, PAGE 31 OF THE MAP RECORDS, NUECES COUNTY, TEXAS, FROM "R-1" ONE FAMILY DWELLING DISTRICT TO "L -I" LIGHT INDUSTRIAL 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 by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye 149 The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye ORDINANCE NO. 5313 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A CONTRACT WITH BRANNON BROTHERS CONSTRUCTION COMPANY FOR SEAL COATING APPROXIMATELY 36-3/4 MILES OF STREETS IN THE CITY OF CORPUS CHRISTI, AS DESCRIBED IN THE PLANS AND SPECIFICA- TIONS; APPROPRIATING THE SUM OF $85,600.00 FROM NO. 108 SPECIAL STREET FUNDS, CODE 502, OF WHICH $81,589.83 IS FOR THE CONSTRUCTION CONTRACT AND $4,010.17 IS FOR CONTINGENCIES; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Farrell D. Smith Aye W. J. Roberts Aye B. E. Bigler Aye Vanuel P: Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye W. J. Roberts. Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye Mayor Smith stated that the City Council has been furnished tabulation of the City Election held yester- day, April 7, 1959, which are complete, except for.the.voting precinct at Del Mar College Auditorium for which there is one machine hopelessly locked containing approximately 225 votes and that it is estimated to take two days for an out-of-town service repairman to repair the machine for counting. He stated that since it had been determined that regardless of who the 225 votes'may be for it would not change the outcome of any position in this election, the Council would proceed to canvass the election and declare the results, and the ordinance would reflect the fore- going record. Mayor Smith declared Ellroy King to have received the highest number of votes in the Mayorls race, and Dr. James L. Barnard, Patrick J. Dunne, R. A. Humble, Joseph B. Dunn, Mrs. Ray Airheart and Gabe Lozano, Sr., to have received the six highest number oUNPtes in the order given in the Commissioners' race, and would, therefore, constitute.the new City Council. ORDINANCE NO. 5314 CANVASSING RETURNS AND.DECLARING THE RESULTS OF THE GENERAL ELECTION FOR THE PURPOSE OF ELECTING THE MAYOR AND COMMISSIONERS OF THE CITY OF CORPUS CHRISTI HELD ON THE 7TH DAY OF APRIL, 1959; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following.vote: Farrell D. Smith, W. J. Roberts B. E. Bigler Manuel P. Maldonado Charlie J. Aills Arthur R. James Odell Ingle Aye Aye Aye Aye Aye Aye Aye The foregoing ordinance was passed by the following vote: Farrell D. Smith Aye. W. J. Roberts Aye B. E. Bigler Aye Manuel P. Maldonado Aye Charlie J. Aills Aye Arthur R. James Aye Odell Ingle Aye No one appeared in answer to Mayor Smith's invitation to anyone inthe audidnce with petitions or informa- ion for the Council on matters not scheduled on the agenda to come forward and be heard. Mayor Smith, on behalf of himself and the citizens of Corpus Christi, thanked each member of the outgoing it for his service to the City which has been done at great sacrifice of health, money and Ittention to -bis to his family, and expressed his feeling that he had been deeply honored for having had the privilege of serving the people of this City for the past four years. He welcomed and congratulated the new City Council, and pledged to them the cooperation and assistance of each of the outgoing Council members in the administration of the City's affairs in any way needed. Judge Paul A. Martineau, Judge of the 28th District Court, administered the Oath of Office first to Ellroy King and then to the six elected Commissioners collectively. Mayor Smith stated that before turning over the gavel to the new Mayor, he wished to express his plea: sure and thanks and that of the outgoing City Council to City Manager Whitney, to City Secretary.Kring, City At Singer and each and every one of the Staff and commended all as an excellent team of employees. There being no further business to come before the Council, Mayor Smith relinquished the chair to Mayor King. PRESENT: Mayor Ellroy King Commissioners: James L. Barnard Mrs. Ray Airheart Joseph B. Dunn Patrick J. Dunne R. A. Humble Gabe L. Lozano, Sr. SPECIAL COUNCIL MEETING April 8, 1959 3:00 P.M. City Manager Herbert W. Whitney City Attorney I. M. Singer City Secretary T. Ray Kring Mayor Ellroy King called the Special Council meeting to order. City Attorney Singer offered to provide the new City Council with copies of the City Code containing the rules and regulations governing the procedure of Council meetings. Mayor King made a short opening speech in which he said that the newly elected Council wert:united and committed to fair and impartial service to all the citizens of the City, not just those who voted for them; that the Council expects the City Hall employees to copperate fully with the Council's efforts to help all the citizens with their business and not to hamper with restrictions without good and sufficient cause; that the Council feels that money collected by the City and not spent is still the taxpayers' money; and that Corpus Christi being the metropolitan City and the only city in the area with an adequate water supply, the Council wants to share that facility with the area cities and be a good neighbor for the good of the entire area. Mayor King asked each of the Council to introduce himself, and each stated appreciation of the voters' confidence and his desire and readiness to carry out the aims and policies of the Council for progress, growth and betterment of our City and the area. Pro -tem. Motion by Pat J. Dunne, seconded by Gabe Lozano and passed that James L. Barnard be designated as Mayor Mayor King suggested that a resolution be spread on the official minutes of the Council commending the outgoing Council for their accomplishments for the welfare of the City. Motion by Gabe Lozano, seconded by Pat J. Dunne and passed that such a resolution be prepared and spread upon the minutes. The Council decided to meet on Mondays at 7:30 p.m., with the City Manager for informal work sessions. Mayor King stated that in connection with the ordinance with reference to the Southwestern Bell Telephone Company which has had two readings, that in view of the fact that a hearing was set in Court on a law suit in the morning, and in view of the statements of possible compromise made by the succeeding mayor, together with the fact that this Council does not have first-hand information or knowledge in the matter, and that they would need the 1958 figures of the company, that the Council would not be ready to vote on the third reading at the next regular II` Council Meeting. City Attorney Singer gave a brief review of the matter under discussion and recommended that in view of the facts that expert witnesses for the City would not be available till after May 18, that the 1958 figures had not been studied by the City and the possibility of compromise still pending, that he be authorized to file a i5i Motion for Continuance. City Attorney Singer was directed to so do. Mayor King appointed James L. Barnard and Mrs. Ray Airheart as the two City Council members, replacing Mr. W. R. Roberts and Mr. Manuel P. Maldonado, on the Committee of the City to study the City -County Welfare situa- tion, and requested that City Manager Whitney so inform the Commissioners' Court. City Manager Whitney expressed his thanks and appreciation to Mr. Smith and each of the outgoing Council for their help, friendship and guidance in helping to acquaint him with the background information of the many pro- blems of the City, and pledged his own support and loyalty and that of the City Hall Staff, to the new Mayor and Council. Mayor King requested that the City Manager look into the matter of some type of public address system for the Council Chamber so that the audience in the back of'the room can hear what is being said at the Council table. Mayor King asked if anyone in the audience cared to address the Council. No one appeared. Motion by Pat J. Dunne, seconded by Gabe Lozano and passed that the meeting be adjourned. PRESENT Mayor Ellroy King Commissioners: Dr. James L. Barnard Mrs. Ray Airheart Joseph B. Dunn Patrick J. Dunne R. A. Humble Gabe L. Lozano, Sr. REGULAR COUNCIL MEETING April 15, 1959 2 00 P. M. City Manager Herbert W. Whitney Assistant City Attorney Milton W. Walton City Secretary T. Ray Kring Mayor Ellroy King called the meeting to order. The Invocation was given by Dr. W. Oliver Harrison, of First Christian Church. City Secretary T. Ray Kring called the roll of those in attendance. Motion by Pat Dunne, seconded by Joseph Dunn and passed that the Minutes of the Regular Meeting and Special Meeting of April 8 be approved. Mayor King announced the opening of bids. Bids were opened and read on Street Base Work & Surfacing, Project B, from the following. L. P. Sholl Heldenfels Brothers Lewis A. Fowler Motion by Joseph Dunn, seconded by Pat J. Dunne and passed that the foregoing bids be tabled for 48 hours as required by the City Charter, and referred to the City Manager for tabulation and recommendation. Mayor King announced that in the matter of the public hearing scheduled for this meeting on the applic of E. M. Carey, Jr., for a change of zoning from "B-4" Primary Business District to "L -I" Light Industrial District on the north 40' of Lots 8 to 14, inclusive, Block 22, Chamberlain Addition, being that property at 501 South Staples Street, that the City Secretary had received a letter from the applicant's attorney requesting a 30 -day delay in the matter as his client was unavailable for the hearing at this time. Mayor King stated that the Council would hear anyone in the audience who had come for the purpose of the published hearing if anyone desired to be heard at this time. No one appeared either for or against the application. Motion by Humble, seconded by Barnard and passed that the subject application be re -set for public hearing on May 13, 1959, during the Regular Meeting in accordance with the attorney's request, and that the City Secretary so notify the applicant's attorney. Mayor King called for the City Manager's reports. Motion by Mrs. Airheart, seconded by Pat Dunne and passed that the contract for the reworking and surfac- ing of approximately 5.2 miles of streets, designated as Project A, be awarded to Troy Grant Construction Company on the basis of the low bid of $46,057.43, and that $2,342.57 be allocated to this contract for contingencies. 152 I Motion by Humble, seconded by Barnard and passed that the City Manager be authorized to advertise for bids to be received on April 29 on the following On 90 Fire Hydrants in various sizes ranging from 3' to 4k'; On 4,000' of 8" Asbestos Cement or Cast Iron Pipe and 500' of 8" Cast Iron Pipe with Mechanical Joints only; and On various quantities of Fuel requirements for a 3 -month period of May 1 through July 31 consisting of Regular Gasoline, Premium Gasoline, Kerosene and Diesel fuel. Motion by Humble, seconded by Mrs. Airheart and passed that the plans and specifications for Air-condi- tioning of the Coliseum be approved, and the City Manager be authorized to advertise for bids to be received on May 6. Mayor King nominated 0. E. Cannon for Judge of the Corporation I Court. Motion by Pat Dunne, seconded by Joseph Dunn and passed that the appointment of 0. E. Cannon for Judge of the Corporation Court be approved and confirmed. ORDINANCE NO. 5315 AUTHORIZING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A CONTRACT WITH TROY GRANT CONSTRUCTION COMPANY FOR REWORKING AND SURFACING OF APPROXIMATELY 5.2 MILES OF STREETS, DESIGNATED AS PROJECT "A", AS DESCRIBED IN THE PLANS AND SPECIFICATIONS; PROVIDING FOR PAYMENT FROM STREET FUND NO. 108, CODE 502, THE SUM OF $48,400.00, IS FOR THE CONSTRUCTION CON- TRACT AND $2,342.57 IS FOR CONTINGENCIES, AND DECLARING AN EMERGENCY The Charter Rule was suspended by the following vote: oY wxzcH AMOUNT $46,057.43 Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe L. Lozano, Sr. Aye The foregoing ordinance was passed by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe L. Lozano, Sr. Aye ORDINANCE NO. 5316 I AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF,CORPUS CHRISTI, TO ENTER INTO A CONSTRUCTION AGREEMENT WITH THE STATE OF TEXAS TO MAKE IMPROVEMENTS OF AGNES & LAREDO STREET WITHIN THE CITY OF CORPUS CHRISTI, FROM PORT AVENUE TO SOUTH STAPLES STREET, THE ROUTE OF STATE HIGHWAY NO. 44, A COPY OF WHICH AGREEMENT IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote. Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe L. Lozano, Sr. Aye The foregoing ordinance was passed by the following vote. Ellroy King Aye James L. Barnard Aye Mrs Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe L. Lozano, Sr. Aye ORDINANCE NO. 5317 AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TEXAS, TO 0. S. WYATT, JR., A RELEASE AND QUITCLAIM OF A UTILITY EASEMENT ACROSS THE SOUTHEAST PORTION OF LATS 6A, 6B AND 6C, CAMPBELL SUBDIVISION: PROVIDING FOR DELIVERY TO O.S. WYATT, JR., OF THE RELEASE AND QUITCLAIM UPON FILING OF PLAT OF ALAMEDA CENTER SUBDIVISION, A RESUBDIVISION COMPRISED OF LATS 9, 10, AND 11; ATTACHING A COPY OF SAID RELEASE AND QUITCLAIM, AND DECLARING AN EMERGENCY. The Charter Rale was suspended by the following vote. u .153 The Charter Rule was suspended by the following vote Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe L. Lozano, Sr. Aye The foregoing ordinance was passed by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe L. Lozano, Sr. Aye ORDINANCE NO. 5318 AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE RELEASES OF SPECIAL ASSESSMENTS AS FOLLOWS: (1) IN THE AMOUNT OF $64.09 AGAINST THAT CERTAIN PROPERTY FRONTING 51 FEET ON THE NORTHWEST SIDE OF KOSTORYZ ROAD, DESCRIBED AS BEING IAT 7, BLACK 1, WYNWOOD #1, AND THE OWNER THEREOF, CLARENCE T. ESSEX, ET UX: (2) IN THE AMOUNT OF $111.83 AGAINST THAT CERTAIN PROPERTY FRONTING 70 FEET ON THE SOUTHEAST SIDE OF KOSTORYZ ROAD, DESCRIBED AS BEING LOT 8, BLOCK 1, CASA LINDA ESTATES #1, AND THE OWNER THEREOF, E. L. BRITT: (3) IN THE AMOUNT OF $553.75 AGAINST THAT CERTAIN PROPERTY FRONTING 55.70 FEET ON THE SOUTHEAST SIDE OF KOSTORYZ ROAD, DESCRIBED AS BEING NORTH 55.70' OF IAT 6, BLOCK - , ALTA VISTA GROVE, AN ADDITION TO THE CITY OF CORPUS CHRISTI, AND THE OWNER THEREOF, MARY J. SEITTER: A COPY OF WHICH RELEASES ARE ATTACHED HERETO AND MADE A PART HEREOF, AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe L. Lozano, Sr. Aye The foregoing ordinance was passed by the following vote Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe L. Lozano, Sr. Aye ORDINANCE NO. 5319 AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE RELEASE OF SPECIAL ASSESSMENT AS FOLLOWS: IN THE AMOUNT OF $108.63 AGAINST THAT CERTAIN PROPERTY FRONTING 68 FEET ON THE SOUTHEAST SIDE OF KOSTORYZ ROAD, DESCRIBED AS BEING IAT 4, BLOCK 20 CASA LINDA ESTATES #2, AN ADDITION TO THE CITY OF CORPUS CHRISTI, AND THE OWNER THEREOF S. 0. POTTORFF: A EOry OF WHICH RELEASE IS ATTACHED HERETO AND MADE A PART HEREOF, AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote. Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe L. Lozano, Sr. Aye The foregoing ordinance was passed by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe L. Lozano, Sr. Aye ORDINANCE NO. 5320 AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE RELEASE OF SPECIAL ASSESSMENTS AS FOLLOWS: (1) IN THE AMOUNT OF $75.40 AGAINST THAT CERTAIN PROPERTY FRONTING 60 FEET ON THE NORTHWEST SIDE OF KOSTORYZ ROAD, DESCRIBED AS BEING LAT 4, BLOCK 5, LAWNDALE #2, AND THE OWNER THEREOF, H. A. ADAMS AND ETHEL F. ADAMS: (2) IN THE AMOUNT OF $64.09 AGAINST THAT CERTAIN PROPERTY FRONTING 51 FEET ON THE NORTHWEST SIDE OF KOSTORYZ ROAD, DESCRIBED AS BEING LAT 10, BLOCK 1, WYNWOOD #1, AND THE OWNER THEREOF, ORVAL EUGENE NIX, ET UX: (3) IN THE AMOUNT OF $64.09 AGAINST THAT CERTAIN PROPERTY FRONTING 51 FEET ON THE NORTHWEST SIDE OF KOSTORYZ ROAD, DESCRIBED AS BEING IAT 14, BLACK 1, W"WOOD #1, AN ADDITION TO THE CITY OF CORPUS CHRISTI, AND THE OWNER THEREOF, JOHNNY V. WOLF, A COPY OF WHICH RELEASES ARE ATTACHED HERETO AND MADE A PART HEREOF, AND DECLARING AN EMERGENCY. 154 The Charter Rule was suspended by the following vote. Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe L. Lozano, Sr. Aye The above ordinance was passed by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe L. Lozano, Sr. Aye ORDINANCE NO. 5321 AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE RELEASE OF SPECIAL ASSESSMENT AS FOLLOWS: IN THE AMOUNT OF $437.49 AGAINST THAT CERTAIN PROPERTY FRONTING 60 FEET ON THE NORTHWEST SIDE OF KOSTORYZ ROAD, DESCRIBED AS BEING LOT 14, BLACK 38, SOUTHSIDE #4, AN ADDITION TO THE CITY OF CORPUS CHRISTI, AND THE OWNER THEREOF, CARL E. BOLEN: A COPY OF WHICH RELEASE IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote. Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe L. Lozano, Sr. Aye The foregoing ordinance was passed by the following vote- Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe L. Lozano, Sr. Aye ORDINANCE NO. 5322 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TEXAS, TO EXECUTE A CONTRACT WITH THE UNITED STATES OF AMERICA, ACTING BY AND THROUGH THE DEPARTMENT OF THE NAVY, TO ACCEPT FOR THE CITY AN EIGHT INCH CAST IRON PIPE WATER LINE FROM ITS CONNECTION WITH THE SIXTEEN INCH CITY OF CORPUS CHRISTI MAIN EXTENDING APPROXIMATELY 2.231 FEET IN A SOUTHWESTMY DIRECTION ACROSS LANDS OWNED BY JOE BLACKNALL, JR., ET AL, FINALLY CROSSING LEXINGTON BOULEVARD TO ITS CONNECTION WITH THE NAVY -OWNED SIX INCH WATER LINE AT BRECKENRIDGE STREET IN THE PEARY PLACE HOUSING PROJECT, MORE FULLY DESCRIBED IN THE DONATION ATTACHED HERETO AND MADE A PART HEREOF, AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: l Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe L. Lozano, Sr. Aye The foregoing ordinance was passed by the following vote- Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe L. Lozano, Sr. Aye Motion by Barnard, seconded by Pat Dunne and passed that R. L. Garrett be appointed to fill the unexpired term of Ellroy King, resigned, on the Memorial Hospital Board. Mr. William Bloch, attorney, appeared with a Committee comprised of Mr. Walter Duffard, Mr. 0. B. Roque - more, Jr., Mr. J. E. Carroll, Mr. George L. Richard, Mr. Norman R. McAnally and Mr. Dalbert Bowen, representing approximately 40 of the residential property owners abutting or siding on Alameda, and requested that the Council rescind the action of the former Council in the matter of assessments against their property in connection with the paving of Alameda Street, and that they be permitted to have a rehearing in the matter since they had not kno 155 that at the original hearing they should have been prepared to present the testimony of qualified appraisers to support their evidence and testimony to the fact that such street improvement would not enhance the value of their property. Assistant City Attorney Milton W. Walton advised the Council that it would be appropriate to announce for the record that the present hearing of this Committee is not re -opening the hearing on the Alameda assessments, but that it is for consideration of whether or not the hearing should be re -opened. Mayor King announced that this would not be a hearing or a re -hearing but an informal presentation of fact substantiate the Committee's request for a re -hearing. Mr. Bloch and other members of the Committee protested that the assessments for the 11R-1" residences are inequitable and unjust in that they are based on a 10" depth street paving which is designed to encourage heavy duty thoroughfare street traffic and therefore would not enhance the value of their residential property, and that where- as most of the property owners do not desire the sidewalks since they are not permitted driveway access on Alameda, they would like the opportunity to provide expert testimony to support their contention that neither the sidewalks nor the proposed paved street will be of special benefit to them or enhance the value of their property. Mr. Bloch stated that under the law, a property owner so assessed has 15 days in which to legally protest on the basis of arbi trary action on the part of the Council or coercion. Assistant City Attorney Walton advised the Council that as evidenced in the ordinance closing the hearing and making the final assessments, the hearing had been conducted according to the law in such matters by the pre- vious Council, that all protests and objections from anyone wishing to be heard had been noted and considered, and that the Council had made such corrections and adjustments as they had deemed worthy before approving the final assessments, all substantiated by the expert testimony of qualified persons. Motion by Humble, seconded by Barnard and passed that the matter be taken under advisement and that Mr. Bloch be advised of the Council's answer by 9:00 o'clock, a.m., Thursday, April 16, 1959. Mayor King invited anyone in the audience with petitions or information for the Council to come forward and be heard. Mr. G. B. Diaz, 2403 Agnes Street, asked what adjustments or decisions had been made in connection with his property in the construction of sidewalks, curb & gutters on Agnes Street improvements, particularly with re- ference to his present angle parking. Mr. Diaz was informed that this information would be determined at the time that grades are established, but that every effort will be made to save any sidewalk that can fit into the grade and can be used and credit given and assessments reduced by that amount. There being no further business to come before the Council, the meeting was adjourned. PRESENT Mayor Ellroy King Commissioners: Dr. James L. Barnard Mrs. Ray Airheart Joseph B. Dunn Patrick J. Dunne R. A. Humble REGULAR COUNCIL MEETING April 22, 1959 2.00 P. M. City Manager Herbert W. Whitney City Attorney I. M. Singer City Secretary T. Ray Kring Mayor Ellroy King called the meeting to order. The Invocation was given by Reverend Robert E. Megee, of Church of the Good Shepherd. City Secretary T. Ray Kring called the roll of those in attendance. Motion by Pat Dunne, seconded by Joseph Dunn and passed that the absence of Commissioner Gabe Lozano, Sr., be excused due to emergency absence from the City. Approval of the minutes of the regular meeting of April 15 was deferred until the next regular meeting. Mayor King announced the opening of bids. 156 Bids were opened and read on the Street Base Work and Surfacing, Project "C", from the following: Heldenfels Brothers Roy Dugger Co. Troy Grant Construction Co. Lewis A. Fowler L. P. Sholl Construction Co. Motion by Humble, seconded by Pat Dunne and passed that the foregoing bids be tabled for 48 hours as re- quired by City Charter, and referred to the City Manager for tabulation and recommendation. Mayor King presented an Honorary Citizenship scroll to Mr.. Alberto Andrade, the Mexican Consul, as a real friend and booster of Corpus Christi and a fine representative of his native country, and,wished him a long and appy stay in Corpus Christi. Mr. Andrade accepted the Honorary Citizenship scroll as one of his life's treasures and expressed his appreciation of the honor to our neighbor republic of Mexico. Mayor King acknowledged the presence of Mr. Andrade's assistant, Mr. Ricardo Silva in the audience. Mayor King welcomed Mr. Harry Bell, Councilman from Oklahoma City, who was visiting at the meeting. Mayor King announced the Council would next hold the scheduled public hearing on two zoning matters. First was the application of C. C. Tribble for a change of zoning from "R-2" Two -Family Dwelling District, to "B-3" Secondary Business District, being all of Lot 15, Woodlawn Addition lying south of Leopard Street (Highway.. 9) and situated at the southeast corner of Leopard Street (Highway 9) and Elmore Drive. No one appeared to speak in favor of the application. Mr. Gus Heinemann, representing the Woodlawn Presbyterian Church across from the.property involved in the application, stated that it was the feeling of the Church that the granting of business zoning on that property would be very detrimental both to the neighborhood and to the Church operation, and therefore opposed it. R.• W. Burr, Senior Planner, located the property on the map, pointed out the land uses in the area, and advised the Council that the recommendation of the Zoning & Planning Commission was to deny the application since no public necessity had been demonstrated by the applicant, and advised that the Commission felt that this was a small portion of a larger tract which should be considered in its entirety in any change in the zoning. City Attorney I. M. Singer called the Council's attention to the fact that in 1949 the balance of the lot involved in the application had been purchased by the City as right-of-way for Highway 9, and that the remainder, now under consideration was taken into account in the amount of damages paid in the purchase and, hence, no mone- tary loss by reason of zoning should be considered by the Council in this application. Motion by Humble, seconded by Joseph Dunn and passed that the hearing be closed, and the application denied in accordance with the recommendation of the Zoning & Planning Commission. Next was the application of Jack Davis for a change of zoning from "A-4" Tourist Court District to "B-3" Secondary Business District on a tract of land 270' wide off the north end of the 17.95 acres, more or less, known as the Epworth League Tract in Brooklyn Addition, and also being out of that 17.95 acre tract, more or less, con- veyed by W. R. Reid, et al, to Jack Davis on Nov. 15, 1956,•more particularly described by metes and bounds. R. W. Burr located the property on the map, and stated that the application had been made specifically to permit the construction and installation of a permanent amusement park. He presented a rough sketch of the area. showing in color the returned notices of the property owners within 200' in favor of the application, and petitions with 55 signatures of area property owners approving the requested zoning. He further presented preliminary, ache - uratic plans for the entire beach area which had been tentatively approved as to general nature of development'by the Zoning & Planning Commission, stating that the use of this property fitted in with this general plan as an appro- priate area for an amusement park. Mr. Burr advised the Council that the Zoning & Planning Commission recommended that the, application be approved subject to a proper description of the tract involved to'exclude public street areas on Avenue A (or North Shoreline) and Avenue C. The following persons appeared in favor of the application on the basis that the City needs a good amuse- ment center for its own citizens and to attract the tourists, that such amusement center should properly be on Cor- pus Christi Beach (or North Beach), that it will improve and encourage business in the entire area, and that it will be a credit to the City: 1-5'7 Mr. George Strauss, insurance counselor; Mr. Floyd Willis, tourist•court owner; Mr. Fryar, property owner; Mr. Pete Brandon,:tourist court owner; Mr. Earl Bowen, Nueces Motel -owner;. Mr. Joe Gropes, tourist court owner; Mr. Bill Fry; Mr. Victor Anderson, property owner; Rev. F. A. Walter, Pastor of Baptist Church; Mr. Art Hansen, operator of the proposed Center. No one appeared in opposition to the application. Motion by Pat Dunne, seconded by Airheart and passed that the hearing be closed, and the foregoing appli- cation be approved subject to a proper description of the tract to exclude public street areas on Avenue A (or North Shoreline) and Avenue C, as recommended by the Zoning & Planning Commission. Mayor King nominated Earl C. Dunn for re -appointment as Civil Defense Director. Motion by Barnard, seconded by Pat Dunne and passed that Earl C. Dunn be appointed Civil Defense Director. Motion by Barnard, seconded by Airheart and passed that Mrs. Rosa Garza and Ross Trigg be re -appointed for two-year terms to the Housing Authority Board. Mayor King requested the City Secretary to arrange an informal meeting for Mr. Dunn with the'Council. Mrs. J. W. Moore, 2021 Van Loan, requested that the City buy her 12 -room home, since'she siid.she could no longer rent the rooms and is losing from $60 to $90 per month, due to the changed•,character of the neighborhood. She stated further that she was also speaking for a neighbor; Mrs. Merritt, who has the same situation. (Note: 4/23/59 Mrs. Merritt advised she was not a party to the complaint.) It was explained to Mrs. Moore that the City cannot purchase private property except if it is needed for public purposes, and the matter was referred to the City Attorney to determine if there is any relief that the City can legally give Mrs. Moore. Mayor King announced the Council would next hear the City Manager's reports. Motion by Humble, seconded by Pat Dunne and passed that the City Manager be authorized to advertise for bids to be received on May 6 on various quantities and sizes of Full Circle Clamps. Motion by Pat Dunne, seconded by Barnard and passed that the award of contract for Street Base Work & Surfacing, Project "B", be made to L. P. Sholl, the low bidder, in the amount of $50,722.90, and that $2,572.10 be allocated to the project for contingencies. Motion by Joseph Dunn, seconded by Pat Dunne and passed that the plans and specifications for Fire Station #10 on Horne Road be approved, subject to the re -location 600' back, to the intersection as recommended by the Fire Insurance Commission, and certain adjustment of driveways, and further subject to providing wired glass for all windows, and that the City Manager be authorized to advertise for bids to be received. Motion by Humble, seconded by Joseph Dunn and passed that the Tax Error & Correction List and Supplemental Tax Roll for January be approved. An ordinance accepting the High Level Bridge and providing for final payment was deferred until next week's regular meeting as the agreement between the three governmental agencies, the City, the County and the Navigation District, has hot yet been formalized. THIRD READING OF AN ORDINANCE: ORDINANCE N0. 5323 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A LEASE CONTRACT BY AND BETWEEN THE CITY OF CORPUS CHRISTI AND J. D. SPARKS, AS LESSEE, OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, LEASING APPROXIMATELY 912 SQUARE FEET OF CLIFF MAUS MUNICIPAL AIRPORT TERMINAL BUILDING TO BE USED AS A COFFEE SHOP, ,IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF SAID LEASE CONTRACT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF. The foregoing ordinance was read for the third time and passed finally by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe L. Lozano, Sr. Absent 158 ORDINANCE NO. 5324 AMENDING THE FOOD HANDLERS ORDINANCE AND PARTICULARLY SECTION 16-471, CORPUS CHRISTI CITY CODE, 1958, SO AS TO PROVIDE SPECIFIC REGULATIONS PERTAINING TO ITINERANT RESTAURANTS, AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote. Ellroy King James L. Barnard Mrs. Ray Airheart Joseph B. Dunn Patrick J. Dunne R. A. Humble Gabe L. Lozano, Sr. Aye Aye Aye Aye Aye Aye Absent4 r 6 5.2 r, -t~ The foregoing ordinance was passed by the following vote* Ellroy King Aye James L Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe L. Lozano, Sr. Absent ORDINANCE NO. 5325 AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, A WAIVER OF OPTION TO PURCHASE AND AGREEMENT TO CANCEL LEASE, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, SAID LEASE HAVING BEEN ENTERED INTO BETWEEN THE CITY OF CORPUS CHRISTI AND L. H. GREER AND WIFE, EDNA GREER, DATED DECEMBER 31, 1953, AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote. Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B., Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe L. Lozano, Sr. Absent The foregoing ordinance was passed by the following vote Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe L. Lozano, Sr. Absent ORDINANCE NO. 5326 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A CONTRACT WITH L. P. SHOLL FOR REWORKING AND SURFACING OF APPROXIMATELY 6 MILES OF STREETS, DESIGNATED AS PROJECT "B", AS DESCRIBED IN THE PLANS AND SPECIFICATIONS, APPROPRIATING OUT OF THE GENERAL FUND THE SUM OF $53,250.0P, OF WHICH AMOUNT $50,722.90 IS FOR THE CONSTRUCTION CONTRACT AND $2,527.10 IS FOR CONTINGENCIES, AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote Ellroy King Aye James L Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A Humble Aye Gabe L. Lozano, Sr. Absent The foregoing ordinance was passed by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye " Gabe L. Lozano, Sr. Absent No one appeared in answer to Mayor King's invitation to anyone in the audience with petitions or informa- tion for the Council on matters not scheduled on the agenda to come forward and be heard. There being no further business to come before the Council, the meeting was adjourned PRESENT Mayor Ellroy King Commissioners - Dr. James L. Barnard Mrs. Ray Airheart Joseph B Dunn Patrick J. Dunne R A Humble Gabe L. Lozano, Sr. REGULAR COUNCIL MEETING April 29, 1959 200 P. M. City Manager Herbert W Whitney City Attorney I M Singer City Secretary T. Ray Kring Mayor Ellroy King called the meeting to order The Invocation was given by Reverend Seamus J. McGowan, of St Patrick's Church. City Secretary T. Ray Kring called the roll of those in attendance. 0 159 Motion by Airheart, seconded by Barnard and passed that the minutes of the regular meetings of April 15 and April 22 be approved Mayor King announced the opening of bids Bids were opened and read on Street Base Work and Surfacing, Project D, from the following. Lewis A. Fowler Troy Grant Construction Co. Roy Dugger Co. Heldenfels Brothers Motion by Joseph Dunn, seconded by Pat Dunne and passed that the foregoing bids be tabled for 48 hours as required by City Charter, and referred to the City Manager for tabulation and recommendation read. The bid of Corpus Christi State National Bank, the only bid received for City Depository, was opened and Motion by Humble, seconded by Barnard and passed that the foregoing bid be tabled for 48 hours as re- quired by City Charter, and referred to the City Manager for tabulation and recommendation. Bids were opened and read on 90 Bury Fire Hydrants, ranging in sizes from 3' to 41, from the following Darling Valve & Mfg Co Iowa Valve Co. The Ludlow Valve Mfg. Co. Municipal Pipe & Fabricating Co. Viking Sppply Co McAllen Pipe & Supply Co. SAMSCO Motion by Pat Dunne, seconded by Barnard and passed that the foregoing bids be tabled for 48 hours as required by City Charter, and referred to the City Manager for tabulation and recommendation Bids were opened and read on a 3 -months' supply of Fuel Requirements, consisting of regular gasoline, premium gasoline, kerosene and diesel fuel, from the following Continental Oil Co. Gulf Oil Corp. Humble Oil & Refining Co Magnolia Petroleum Co. Sinclair Refining Co Susser Petroleum Co The Texas Co. Texas Star Oil Co Ada Oil Co. Motion by Joseph Dunn, seconded by Pat Dunne and passed that the foregoing bids be tabled for 48 hours as required by City Charter, and referred to the City Manager for tabulation and recommendation Bids were opened and read on 43,000' of 8" Class 150 Asbestos Cement and/or Cast Iron Pipe, and 500' of 8" Class 150 Cast Iron Mechanical Joint Pipe from the following American C. I Pipe Co. James B. Clow & Sons Johns -Manville Sales Co. Lone Star Steel Co. U. S. Pipe & Foundry Co. McAllen Pipe & Supply Co. SAMSCO Motion by Barnard, seconded by Humble and passed that the foregoing bids be tabled for 48 hours as re- quired by City Charter, and referred to the City Manager for tabulation and recommendation. 160 Mayor King announced the Council had appointments to make to two Boards Motion by Barnard, seconded by Pat Dunne and passed that J. A Walsh, Sol Greene, and Joe Garza be appointed as the Board of Equalization for the ensuing year, and the City Secretary notify each of his appointment Motion by Airheart, seconded by Barnard and passed that Dale Owen be appointed, effective May 1st, to the Zoning and Planning Commission to fill the unexpired term of 0. N. Stevens, resigned, and the City Secretary notify him of his appointment. Mayor King called for the City Manager's reports Motion by Pat Dunne, seconded by Barnard and passed that the award of contract for the construction of Street Base Work and Surfacing, Project C, be made to L. P. Sholl, the low bidder, in the amount of $45,854 50 and that $2,245.50 be allocated for contingencies. Motion by Humble, seconded by Pat Dunne and passed that the City Manager be authorized to advertise for bids to be received on May 13 for 25,000' of 2" Bare Steel Pipe Motinn by Airheart, seconded by Barnard and passed that the Tax Error and Correction Lists and Supple- mental Tax Rolls for February and March be approved. Motion by Humble, seconded by Lozano and passed that the City Manager be authorized to accept a utility easement, 5' wide in Southland Estates, being along and adjacent to Block 1, described by metes and bounds in the instrument, from the Corpus Christi Consolidated Independent School District. Motion by Airheart, seconded by Pat Dunne and passed that the plans and specifications for construction of a Concession Building at H E Butt Park be approved, and the City Manager be authorized to advertise for bids to be received on May 20 Motion by Humble, seconded by Barnard and passed that the construction of the Superstructure of the Tule Lake Bridge be accepted as concurred in by the Corps of Engineers subject to the execution of the agreement between the City, Nueces County and Nueces County Navigation District providing for the sharing of the expense of the operation of the Tule Lake Lift Bridge, that payment of final estimate #18 be made to the United States Steel Corporation in the amount of $216,557 69, and that 247 days extension of completion time be approved. Motion by Barnard, seconded by Pat Dunne and passed that the construction of Lipan Street Improvements, 19th Street to Highway #9, be accepted, and payment of Final Estimate #4 to Heldenfels Brothers in the amount of $12,564 93 be authorized. ORDINANCE NO. 5327 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE A MEMORANDUM OF AGREEMENT BETWEEN THE CITY AND E. L. SABRINO, DOING BUSINESS AT HANDY ANDY STORES, INC , 1440 AIRLINE, CORPUS CHRISTI, TEXAS, APPOINTING PERSONS AND STORE AS ITS AGENT FOR THE SOLE PURPOSE OF ACCEPTING PAYMENT OF BILLS OWED TO THE CITY FOR WATER, GAS, GARBAGE AND SEWER SERVICE, PAYABLE TO ITS DEPARTMENT OF PUBLIC UTILITIES, BEGINNING MAY 11, 1959, UNTIL TERMINATION UPON DEFAULT OR REMOVAL FROM SAID ADDRESS BY THE APPOINTEES HEREIN AS HEREIN PROVIDED, FOR AND IN CONSIDERATION OF THE FEES AS SCHEDULED THEREIN, ALL IN ACCORDANCE WITH SAID AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, AND DECLARING AN EMERGENCY The Charter rule was suspended by the following vote Ellroy King Aye James L Barnard Aye Mrs. Ray Airheart Aye Joseph B Dunn Aye Patrick J Dunne Aye R. A. Humble Aye Gabe L. Lozano, Sr Aye The foregoing ordinance was passed by the following vote Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A Humble Aye Gabe L. Lozano, Sr Aye ORDINANCE NO. 5328 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A CONTRACT WITH L P SHOLL FOR REWORKING AND SURFACING OF APPROXIMATELY 5 MILES OF STREETS, DESIGNATED AS PROJECT "C", AS DESCRIBED IN THE PLANS AND SPECIFICATIONS, APPROPRIATING OUT OF THE GENERAL FUND THE SUM OF $48,100.00, OF WHICH AMOUNT $45,854.50 IS FOR THE CONSTRUCTION CONTRACT AND $2,245 50 IS FOR CONTINGENCIES, AND DECLARING AN EMERGENCY. 161 The Charter rule was suspended by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe L. Lozano, Sr. Aye The foregoing ordinance was passed by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe L. Lozano, Sr. Aye ORDINANCE NO. 5329 AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE RELEASE OF SPECIAL ASSESSMENTS AS FOLLOWS: (1) IN THE AMOUNT OF $1,084.93 AGAINST THAT CERTAIN PROPERTY FRONTING 132 FEET ON THE NORTH SIDE OF KOSTORYZ ROAD, DESCRIBED AS BEING LOT 10, BLOCK 3, BAY VIEW 03, AND THE OWNER THEREOF, S. A. FOGALERY: (2) IN THE AMOUNT OF $64.09 AGAINST THAT CERTAIN PROPERTY FRONTING 51 FEET ON THE NORTHWEST SIDE OF KOSTORYZ ROAD, DESCRIBED AS BEING LOT 12, BLOCK 1, WYNWOOD #1, AND THE OWNER THEREOF, RICHARD J. MORAVITS: (3) IN THE AMOUNT OF $64.09 AGAINST THAT CERTAIN PROPERTY FRONTING 51 FEET ON THE NORTHWEST SIDE OF KOSTORYZ ROAD, DESCRIBED AS BEING LOT 15, BLOCK 1, WYNWOOD #1, AN ADDITION TO THE CITY OF CORPUS CHRISTI, AND THE OWNER THEREOF, JONNIE C. BROCK: A COPY OF WHICH RELEASES ARE ATTACHED HERETO AND MADE A PART HEREOF, AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Aikheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe L. Lozano, Sr. Aye The foregoing ordinance was passed by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe L. Lozano, Sr. Aye ORDINANCE NO. 5330 AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND DELIVER A CONTRACT BETWEEN THE CITY AND CENTRAL POWER AND LIGHT COMPANY FOR THE FURNISHING OF ELECTRICAL SERVICE FOR THE TULE LAKE LIFT BRIDGE,NAVIGATION BOULEVARD,CORPUS CHRISTI, NUECES COUNTY, TEXAS; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the foliowing vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe L. Lozano, Sr. Aye The foregoing ordinance was passed by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe L. Lozano, Sr. Aye In answer to questions of Farrell D. Smith from the audience in connection with the ordinance pertaining to the agreement with reference to the operation of the Lift Bridge the terms were explained. Mr. Smith expressed his feeling that since the cost of operating the old Bascule Bridge has always been borne by the Navigation District an that of the Swing Bridge by the County, and since there will be a saving of approximately $20,000.00 to each of them, that the cost of operating the new crossing over the Channel should be borne by the County and the Navigation District, and further that there might be a legal question as to the City's participation since it can derive no revenues from the properties that it serves. 162 Mayor King stated that the agreement of the 3 governmental agencies was a short-term agreement that can be renegotiated, continued, or other arrangements made based on the known costs and experience at that time, but that the Bridge needs to be put into operation to offset further exposure to vandalism and deterioration from not being in use. ORDINANCE NO. 5331 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE AND DELIVER AN AGREEMENT WITH THE COUNTY OF NUECES AND NUECES COUNTY NAVIGATION DISTRICT PROVIDING FOR THE SHARING OF THE EXPENSE OF THE OPERATION OF THE TULE LAKE LIFT BRIDGE BETWEEN THE SAID THREE GOVERNMENTAL BODIES, A COPY OF WHICH AGREEMENT IS ATTACHED HERETO AND MADE A PART HEREOF, AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote- Ellroy King Aye James L Barnard Aye Mrs Ray Airheart Aye Joseph B Dunn Aye Patrick J Dunne Aye R A Humble Aye Gabe L Lozano, Sr Aye The foregoing ordinance was passed by the following vote Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B Dunn Aye Patrick J Dunne Aye R A Humble Aye Gabe L Lozano, Sr. Aye ORDINANCE NO 5332 RECEIVING AND ACCEPTING THE WORK OF CONSTRUCTION OF THE SUPERSTRUCTURE, UNIT #2, OF THE TULE LAKE LIFT BRIDGE, PERFORMED BY THE UNITED STATES STEEL CORPORATION, CONTRACTORS, UNDER THEIR CONTRACT WITH THE CITY DATED OCTOBER 24, 1956, AS AUTHORIZED BY ORDINANCE NO 4631, GRANTING THE CONTRACTOR AN EXTENSION OF 247 DAYS, FROM MARCH 8, 1957, TO NOVEMBER 10, 1958, FOR PROJECT COMPLETION, AUTHORIZING PAYMENT OF FINAL ESTIMATE NO. 18, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, DATED APRIL 3, 1959, IN THE AMOUNT OF $216,557 69, WITH PAYM;4ENT FROM NO. 230, BRIDGE REMOVAL AND RELOCATION BOND FUNDS, PREVIOUSLY APPROPRIATED, AND DECLARING AN EMERGENCY The Charter rule was suspended by the following vote Ellroy King Aye James L Barnard Aye Mrs Ray Airheart Aye Joseph B Dunn Aye Patrick J Dunne Aye R A Humble Aye Gabe L Lozano, Sr. Aye The foregoing ordinance was passed by the following vote Ellroy King Aye James L Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R A Humble Aye Gabe Lozano, Sr Aye ORDINANCE NO 5333 APPROPRIATING AN ADDITIONAL SUM OF $52,000 00 OUT OF NO 230, BRIDGE REMOVAL AND RELOCATION FUND, FOR FURTHER CONSTRUCTION AND PROJECT COMPLETION OF THE DREDGED FILL FOR NORTH APPROACH TO THE TULE LAKE BRIDGE CONTRACT, PROJECT NO. 13-55-1, PART III, TO AUGMENTTSUMS APPROPRIATED BY ORDINANCE NO. 5117, DATED AUGUST 6, 1958, FOR AFORESAID PROJECT, AND DECLARING AN EMERGENCY The Charter rule was suspended by the following vote- Ellroy King Aye James L Barnard Aye Mrs Ray Airheart Aye Joseph B. Dunn Aye Patrick J Dunne Aye R. A Humble Aye Gabe Lozano, Sr Aye The foregoing ordinance was passed by the following vote: Ellroy King Aye James L Barnard Aye Mrs. Ray Airheart Aye Joseph B Dunn Aye Patrick J Dunne Aye R A Humble Aye Gabe Lozano, Sr Aye 163 ORDINANCE NO 5334 AMENDING THE ELECTRICAL ORDINANCE PASSED BY THE CITY COUNCIL ON DECEMBER 30, 1947, AND AFTERWARDS AMENDED BY AMENDING SECTION 6-2 BY THE ADDITION OF A PROVISION TO SAID SECTION TO THE EFFECT THAT PERMITS ARE NOT REQUIRED UNDER SAID CODE FOR THE INSTALLATION OF ELECTRICAL CONDUCTORS OR EQUIP- MENT UNDER ANY CONTRACT WITH THE STATE OF TEXAS OR THE STATE HIGHWAY DEPARTMENT OF TEXAS WHERE SUCH INSTALLATION IS ENTIRELY ON THE PREMISES OWNED BY SAID STATE OF TEXAS OR STATE HIGHWAY DEPARTMENT OF TEXAS AND THE INSTALLATION IS REQUIRED TO BE IN ACCORDANCE WITH PLANS AND SPECIFICATIONS APPROVED BY THE CITY OF CORPUS CHRISTI, AND DECLARING AN EMERGENCY The Charter rule was suspended by the following vote Ellroy King Aye James L Barnard Aye Mrs. Ray Airheart Aye Joseph B Dunn Aye Patrick J Dunne Aye R A. Humble Aye Gabe Lozano, Sr. Aye The foregoing ordinance was passed by the following vote. Ellroy King Aye James L Barnard Aye Mrs Ray Airheart Aye Joseph B Dunn Aye Patrick J. Dunne Aye R A. Humble Aye Gabe Lozano, Sr Aye ORDINANCE NO 5335 RECEIVING AND ACCEPTING THE CONSTRUCTION OF LIPAN STREET IMPROVEMENTS, 19TH TO HIGHWAY NO. 9, PROJECT 1-53-4 1, PERFORMED BY HELDENFELS BROTHERS, CONTRACTOR, UNDER THEIR CONTRACT WITH THE CITY DATED JUNE 17, 1958, AS AUTHORIZED BY ORDINANCE NOS 5050 AND 5211, AUTHORIZING PAYMENT OF FINAL ESTIMATE NO 4, IN THE AMOUNT OF $12,564 93 FROM FUNDS PREVIOUSLY APPROPRIATED FROM NO 220 STREET BOND IMPROVEMENT FUNDS, AND DECLARING AN EMERGENCY The Charter rule was suspended by the following vote. Ellroy King Aye James L Barnard Aye Mrs Ray Airheart Aye Joseph B Dunn Aye Patrick J Dunne Aye R A Humble Aye Gabe Lozano, Sr Aye The foregoing ordinance was passed by the following vote Ellroy King Aye James L Barnard Aye Mrs Ray Airheart Aye Joseph B Dunn Aye Patrick J Dunne Aye R A Humble Aye Gabe Lozano, Sr. Aye ORDINANCE NO. 5336 AMENDING SECTIONS 38-6, 38-a?,38-33, AND 38-48 OF THE CORPUS CHRISTI CODE, 1958, SO AS TO PROHIBIT RECONNECTION BY THE CUSTOMER OF DISCONNECTED UTILITY SERVICES, PROVIDING PENALTIES FOR DELINQUENCIES IN ACCOUNTS, AND PROCEDURES FOR HANDLING DELINQUENT ACCOUNTS, PROVIDING PENALTIES FOR DAMAGE OF CITY " � UTILITY SERVICE PROPERTY, MAKING IT UNLAWFUL TO DO CERTAIN ACTS REGARDING DISCONNECTED UTILITY SERVICES, PROVIDING PENALTIES FOR VIOLATION, AND DECLARING AN EMERGENCY The Charter rule was suspended by the following vote. Ellroy King Aye James L Barnard Aye Mrs. Ray Airheart Aye Joseph B Dunn Aye Patrick J Dunne Aye R. A Humble Aye Gabe Lozano, Sr Aye The foregoing ordinance was passed by the following vote. Ellroy King Aye James L. Barnard Aye Mrs Ray Airheart Aye Joseph B Dunn Aye Patrick J. Dunne Aye R A. Humble Aye Gabe Lozano, Sr. Aye 164 ORDINANCE NO 5337 AMENDING ORDINANCE NO 5146 PASSED AND APPROVED BY THE CITY COUNCIL ON THE 27TH DAY OF AUGUST, 1958, BY AMENDING SECTION 3 OF SAID ORDINANCE CORRECTING AND ADJUSTING THE ASSESSMENTS LEVIED AGAINST ABUTTING PROPERTY OWNERS ON A PORTION OF LIPAN STREET FROM THE WESTERLY BOUNDARY OF NINE- TEENTH STREET TO THE CENTER LINE OF PALM DRIVE, UP RIVER ROAD FROM THE CENTER LINE OF PALM DRIVE TO THE EASTERLY BOUNDARY OF OLD ROBSTOWN ROAD, AND UP RIVER ROAD FROM THE WESTERLY BOUNDARY LINE OF OLD ROMTOWN ROAD TO THE SOUTHERLY BOUNDARY LINE OF TEXAS STATE HIGHWAY #9, AND DECLARING AN EMERGENCY The Charter rule was suspended by the following vote. , Ellroy King Aye James L. Barnard Aye Mrs Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R A Humble Aye Gabe Lozano, Sr Aye The foregoing ordinance was passed by the following vote. Ellroy King Aye James L. Barnard Aye Mrs Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R A Humble Aye Gabe Lozano, Sr Aye ORDINANCE NO 5338 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. 2266 PASSED AND APPROVED ON THE 4TH DAY OF MAY, 1948, APPEARING OF RECORD IN VOLUME 16, PAGES 339 ET SEQ OF THE ORDINANCE AND RESOLUTION RECORDS, AND AS AMENDED BY ORDINANCE NO. 4846 ADOPTED ON THE 21ST DAY OF AUGUST, 1957, APPEARING OF RECORD IN VOLUME 26, PAGES 385 ET SEQ OF THE ORDINANCE AND RESOLUTION RECORDS, BY AMENDING THE ZONING MAP BY CHAN ZONING OF ALAMEDA CENTER FROM "R-1" ONE FAMILY DWELL- ING DISTRICT TO "B-1" NEIGHBORHOOD CT WITH CERTAIN RESTRICTIONS INCLUDING AN AREA SHOWN AS LOTS 9, 10 AND 11 OF ALAMEDA CENTER WHICH IS CHANGED TO "B-3" SECONDARY BUSINESS DISTRICT RESTRICTED TO FORBID USES BROADER THAN "B-1" EXCEPT A BOWLING ALLEY AND ITS RELATED USES, 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 by the following vote- Ellroy King Aye James L Barnard Aye Mrs Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr Aye The foregoing ordinance was passed by the following vote Ellroy King Aye James L Barnard Aye Mrs Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R A. Humble Aye Gabe Lozano, Sr. Aye Motion by Barnard, seconded by Airheart and passed that the Ordinance passed on first reading, April 1, 1959, and the amended Section 3 of said ordinance passed on second reading, April 8, 1959," MAKING FINDINGS OF FACT WITH RESPECT TO THE APPLICATION OF SOUTHWESTERN BELL TELEPHONE COMPANY FOR AN INCREASE IN RATES FOR EX- CHANGE SERVICE IN THE CITY OF CORPUS CHRISTI, TEXAS ." be amended before the third and final reading by striking out Sections 2, 3 and 4 thereof and substituting in said ordinance in lieu thereof the following Sections 2, 3, 4 5 (See Ordinance No 5339). At the request of Mr Matt Williams, Assistant General Manager of Southwestern Bell Telephone Co for the State of Texas, Mayor King asked City Secretary Kring to read the ordinance, which was done Mr Williams asked what basis the Council had used to ascertain the revenue deficiencies, if the figures would be available to the Company used for the findings of fact as to the effective net income and effective ex - expense as to the base rate contemplated and what the rate of return would have produced had they been in effect on January 1, 1957, requested that the telephone company have an opportunity to review the findings, and urged that since the proposed Council action does not resolve the matter still before the Court, and since the telephone com- pany's customers are protected by posted bond in the event the rate schedule dust recently put into effect by the , company should be determined to be excessive, that the Council defer the contemplated third reading of the ordinance 165 in question until both parties could meet and review all the facts and figures in the light of the 1958 figures Mayor King answered that the Council had found the fair market value of the property assigned to the City's service was approximately $15,000,000.00 and the rate of return was slightly in excess of 6%, that since,_ there is a pending Court action in the matter, there was a question as to how much the City staff and Council are required to release as to figures considered, and that when the Council had met for several hours with the telephone people, the Council had been informed that the 1958 figures were not available and that the 1957 figures would apply Farrell D Smith stated that a current net of $803,000 00 on a $15,000,000 00 fair market value was a rate of return of 7k%, rather than a little over 6%, and that in the 12 rulings made during 1958 over the United States, the composite average rate of return allowed was 6.18%, the highest allowed was 6 3/4% and two were as low as 5 56% and 5 87% He further stated that the trial at the Court House involved a difference of the 1952 rate, that the previous Council had determined that $228,000.00 more was necessary and that he had hoped that it wouldn't be misunderstood because it didn't mean that the $228,000 00 was in error since it was applied to the 1952 rate. THIRD READING OF AN ORDINANCE ORDINANCE NO 5339 MAKINQ A FINDINQ3 OF FACT WITH RESPECT TO THE APPLICATION OF SOUTHWESTERN BELL TELEPHONE COMPANY FOR AN INCREASE IN ITS RATES FOR EXCHANGE SERVICE IN THE CITY OF CORPUS CHRISTI, TEXAS, AUTHORIZING A SCHEDULE OF RATES APPLICABLE WITHIN THE CITY OF CORPUS CHRISTI FOR EXCHANGE SERVICES, FIXING A DATE FOR APPLICATION OF SUCH RATES, REQUIRING FILING OF ANNUAL FINANCIAL STATEMENT BY SAID TELE- PHONE COMPANY, ESTABLISHING A SCHEDULE OF MISCELLANEOUS RATES AND CHARGES FOR THE SOUTHWESTERN BELL TELEPHONE COMPANY The foregoing ordinance was read for the third time and passed finally by the following vote Ellroy King Aye James L Barnard Aye Mrs Ray Airheart Aye Joseph B Dunn Aye Patrick J. Dunne Aye R A Humble Aye Gabe Lozano, Sr Aye Mayor King invited anyone in the audience with petitions or information for the Council on matters not scheduled on the agenda to come forward and be heard A petition signed by residents of Temple Addition requesting relief from the noise created by the steam outlet of the Corpus Christi Linen Service located at 3625 S Port Avenue, was received and filed with the City Secretary, since City Manager Whitney advised the Council that the matter was being solved. (See Petition #7 in File) Mrs Levi Materne, 325 Ohio, asked questions regarding the sale of water to Reynolds and subsequent re- sale to neighboring towns The Council answered her questions and explained that, in brief, Reynolds bought water from the City at Calkllen, constructed their own mains, and that by vote of the citizens of the City, were permitted to resell to others Mrs Guiterrez appeared with 2 mothers from the Molina Junior High School P.T.A and presented a letter, which City Secretary Kring read, describing the hazardous conditions in the vicinity of the school and their homes occasioned by the caliche pits near Horne Road, Greenwood Drive and Lexington Boulevard, and suggested possible remedies (See Petition #8 in File) The matter was discussed among the Council and referred to the City Manager with suggestions for the immediate, at least temporary, relief of the dangerous situation, and for recommendation as to permanent elimination of the hazard Suggestions for temporary relief were to utilize City equipment to pump the water out of the pits, terrace and dyke the sides, police patrol the area during periods of greatest danger of children being out of school and provide recreationsl equipment for the unfinished park to attract and encourage the children to play in the park rather than near the pits Mrs. Guiterrez also requested that the Council consider four-way stop signs for the intersection of Horne Road and Greenwood Drive and the matter was referred to the City Manager for recommendation There being no further business to come before the Council, the meeting was adjourned. 166 PRESENT: Mayor Ellroy King Commissioners: Dr. James L. Barnard Mrs. Ray Airheart Joseph B. Dunn Patrick J. Dunne R. A. Humble Gabe Lozano, Sr. approved. REGULAR COUNCIL MEETING May 6, 1959 2:00 P. M. City Manager Herbert W. Whitney Asst City Attorney Milton Walton City Secretary T. Ray Kring Mayor Ellroy King called the meeting ,to order. The Invocation was given by Reverend W. P. Cline, Pastor of St. Mark's Lutheran Church. City Secretary T. Ray Kring called the roll of those in attendance.. Motion by Barnard, seconded by Lozano and passed that the minutes of the regular meeting of April 29 be Mayor King announced the opening of bids. Bids were opened and read on Air Conditioning of Memorial Coliseum from the following: Coastal Bend Construction Co. E. E. Harrison Braselton Construction Co. Price Construction Co. Motion by Humble, seconded by Pat Dunne and passed that the foregoing bids be tabled for 48 hours as re- quired by the City Charter, and referred to the City Manager for tabulation and recommendation. Bids were opened and read on various quantities and sizes of Full Circle Clamps from the following: Crane Co. Dresser Mfg. Co. Municipal Pipe Co. Republic Supply Co. The Rohan Co. SAMSCO Smith -Blair Co. Viking Supply Co. Alamo Iron Works Motion by Pat Dunne, seconded by Lozano and passed that the foregoing bids be tabled for 48 hours as required by the City Charter, and referred to the City Manager for tabulation. Mayor King called for the City Manager's reports. Motion by Airheart, seconded by Humble and passed that the award of contract for Street Base Work & Surfacing, Project D, be made to Troy Construction Co., the low bidder, in the amount of $41,188.42, and that $2,011. be allocated for contingencies. Motion by Humble, seconded by Barnard and passed that the plans and specifications for construction,of Utilities Channel Crossing, High Level Bridge, be approved, and that the City Manager be authorized to advertise for bids to be received on May 27. Motion by Pat Dunne, seconded by Lozano and passed that the award of bid on an estimated 3 -months' suppl of fuel requirements from May 1 through July 31, 1959, be made as follows: To The Texas Company for approximately 45,000 gals. per month Regular Gasoline at $.15385 per gal.; To Susser Petroleum Co. for approximately 2,500 gals. per month Premium Gasoline at $.1886 per gal.; and To Magnolia Petroleum Co. for approximately 5,000 gals. per month Diesel Fuel at $.1059 per gal.; and for approximately 4,500 gals. per month,Kerosene at $.1159 per gal. (See Bid Tabulation #16 in File.) Motion by Humble, seconded by Pat Dunne and passed that the award of bid on Cast Iron and/or Asbestos Cement Pipe be made as follows: To American Cast Iron Pipe Co., for 500' of 8" Class 150 Cast Iron Pipe at $2.39 per ft.; and To McAllen Pipe & Supply Co., for 4,000' of 8" Class 150 Asbestos Cement Pipe at $2.058 per ft. (See Bid Tabulation #17 in File.) 167 Motion by Humble, seconded by Pat Dunne and passed that the award of bid for 90 Bury Fire Hydrants ranging in sizes from 3' to q1, be made to Viking Supply Corp, for a total of $11,828.65. (See Bid Tabulation #18 in File.) Motion by Airheart, seconded by Barnard and passed that the City Manager be authorized to advertise for proposals to be received on May 13 for Sale of $259,000 City of Corpus Christi bonds which are owned bythe City. Motion by Barnard, seconded by Pat Dunne and passed that the bid of Corpus Christi State National Bank, the only bid received for City Depository, be accepted and the contract be awarded. (See Bid Tabulation #19 in File.) Motion by Pat Dunne, seconded by Humble and passed that the City Manager be authorized to advertise for bids to be received on May 20 for Material for 20 Flasher Lights for 10 School Zone locations. vote: RESOLUTION NO. 5340 ACKNOWLEDGING THE NONEXISTENCE OF AN ALLEY SHOWN ON THE PLAT OF BAYVIEW ADDITION TO THE CITY OF CORPUS CHRISTI AND APPEARING ON SAID PLAT AS BEING AN ALLEY IN BLOCK 8 IN SAID BAYVIEW ADDITION AND EXTENDING THROUGH THE BLOCK LYING BETWEEN MORGAN AVENUE ON THE SOUTH AND CRAIG AVENUE ON THE NORTH; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble. Aye Gabe Lozano, Sr. Aye The foregoing resolution was passed by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye FIRST READING OF AN ORDINANCE: AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE AN AGREEMENT TO ANNEX 31.644 ACRES OF LAND OUT OF LOT THREE (3) BYRON WILLIS SUBDIVISION, NUECES COUNTY, TEXAS, WITH MAGEE DEVELOPMENT COMPANY. The foregoing ordinance was read for the first time and passed to its second reading by the following Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye ORDINANCE NO. 5341 AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR AND ON BEHALF OF THE CITY WHICH AGREEMENT WILL BIND THE CITY JOINTLY WITH THE COUNTY IN THE EMPLOYMENT OF JOHN G. STEINLE AND ASSOCIATES FOR CONSULTATION SERVICES IN THE SOLUTION OF THE PROBLEMS RELATING TO JOINT CITY -COUNTY EXPENDITURES FOR HEALTH AND WELFARE; APPROPRIATING AND RE -APPROPRIATING THE SUM OF $3,000.00 OUT OF THE RESERVE APPROPRIATION OF THE GENERAL FUND, NO. 102; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye The above ordinance was passed by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye 168 ORDINANCE NO. 5342 AMENDING ORDINANCE NO. 3656, PASSED AND APPROVED ON THE 10TH DAY OF FEBRUARY, 1954, ENTITLED "ADOPTING AND PROVIDING FOR THE ADMINISTRATION OF THE COMPENSATION PLAN FOR ALL POSITIONS IN THE CITY SERVICE; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE", AS AMENDED, BY AMENDING SECTION 1, SUBSECTION $, BY INCREASING THE SALARY GRADE OF TITLE CITY ENGINEER (PRINCIPAL CIVIL ENGINEER) ADMINISTRATIVE AND EXECUTIVE GROUP, FROM SALARY GRADE 33 TO'SALARY GRADE 35; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye The above ordinance was passed by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye ORDINANCE NO. 5343 AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A CONTRACT WITH TROY GRANT CONSTRUCTION COMPANY FOR REWORKING AND SURFACING OF APPROXIMATELY 5.1 MILES OF STREETS, DESIGNATED AS PROJECT "D", AS DESCRIBED IN THE PLANS AND SPECIFICATIONS; PROVIDING FUNDS IN TOTAL AMOUNT OF $43,200.00 OF WHICH $41,188.42 IS FOR THE CONSTRUCTION CONTRACT AND $2,011.58 IS FOR CONTINGENCIES BY APPROPRIATING $34,000.00 FROM THE UNANTICIPATED AND UNAPPROPRIATED BALANCE OF THE GENERAL FUND AS OF AUGUST 1, 1958, WITH THE BALANCE OF $9,200.00 TO BE PROVIDED FROM THE GENERAL FUND CONTINGENCY RESERVE; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye The above ordinance was passed by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye ORDINANCE NO. 5344 AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND DELIVER FOR THE CITY OF CORPUS CHRISTI A RELEASE TO CORPUS CHRISTI INDUSTRIAL PROPERTIES, INC., FROM THE AGREEMENT TO WITHHOLD FROM SALE THE NORTH 180 FEET OF SAID ADDITION AND WAIVING ANY RIGHT WHICH MIGHT HAVE EXISTED BY REASON OF SAID AGREEMENT IN THE CITY TO ACQUIRE SUCH PROPERTY FOR HIGHWAY PURPOSES; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye The above ordinance was passed by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye 169 ORDINANCE NO. 5345 ACCEPTING THE BID OF THE CORPUS CHRISTI STATE NATIONAL BANK AS CITY DEPOSITORY FOR THE ENSUING TERM; ACCEPTING AND APPROVING THE PLEDGE OF SECURITIES BY SAID DEPOSITORY IN LIEU OF BOND AS SUCH DEPOSITORY; PROVIDING FOR THE DEPOSIT OF SUCH SECURITIES WITH THE FROST NATIONAL BANK AT SAN ANTONIO, TEXAS, AS TRUSTEE FOR SAFEKEEPING; AND DECLARING AN EMERGENCY. The Charter -rule was suspended by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye The foregoing ordinance was passed by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye ORDINANCE NO. 5346 ESTABLISHING THE POLICY OF THE CITY OF CORPUS CHRISTI FOR EXTENSION OF THE CITY WATER SYSTEM TO AREAS OUTSIDE OF, AND NOT WITHIN FIVE (5) MILES OF, THE CORPORATE LIMITS OF THE CITY OF CORPUS CHRISTI; PROVIDING PROCEDURE FOR ADMINISTERING SUCH POLICY; AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO DETERMINE CERTAIN MATTERS AND EXECUTE CONTRACTS FOR AND ON BEHALF OF THE CITY IN ACCORDANCE WITH THE RROVISIONS OF THIS ORDINANCE; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye The foregoing ordinance was passed by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye ORDINANCE NO. 5347 AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND DELIVER, FOR AND ON BEHALF OF THE CITY, AN AGREEMENT WITH THE PARKDALE PLAZA COMPANY AMENDING THE RESTRICTIONS OF THE USE OF THE AREA OF BLOCK "A", PARKDALE SHOPPING CENTER, AS SHOWN OF RECORD IN VOLUME 19, PAGE 49, OF THE MAP RECORDS OF NUECES COUNTY, TEXAS, SO AS TO PERMIT AN AREA OF 25,000 SQUARE FEET FOR USE AS A MINIATURE GOLF COURSE, IN ADDITION TO THE 200,000 SQUARE FEET PERMITTED FOR BUILDING AREA AS ORIGINALLY PROVIDED ON SAID PLAT; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye The foregoing ordinance was passed by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye ORDINANCE NO. 5348 AMENDING THE CORPUS CHRISTI CITY CODE, 1958, BY ADDING AS PART OF ARTICLE IV OF CHPATER 9 OF SAID CODE A NEW SECTION TO BE KNOWN AS SECTION 9-58 (a) AND ENTITLED "SPEED LIMITS IN THE SOUTH BASIN"; AND DECLARING AN EMERGENCY. a The Charter rule was suspended by the following vote:, Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye Gabe Lozano, Sr. Aye R .A ., Y Humble Aye The foregoing ordinance was passed by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye ORDINANCE NO. 5349 AMENDING SECTION 4-3 OF THE CORPUS CHRISTI CITY CODE, 1958, SO AS TO REGULATE THE HOURS OF SALE OF BEER IN CONFORMITY WITH THE REGULATIONS OF THE STATE LIQUOR CONTROL LAWS; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye The foregoing ordinance was passed by the following vote Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick Dunne Aye Gabe Lozano, Sr. Aye R.A. Humble Aye Mayor King read a letter received from Mrs. Mac W. Williams, owner and operator of the Wee Tee Golf Course, Lexington, protesting any further zoning at Parkdale Plaza which will permit the construction and opera- tion of a miniature golf course. Mayor King explained that the ordinance to which Mrs. Williams' protest refers, does not involve any change in zoning or any additional zoning, but merely amends the restriction on the plat as to building area to permit the use of an additional 25,000' for a miniature golf course. Mrs. Williams' protest was received and filled. (See Petition #10 in File.) Mayor King invited anyone in the audience with petitions or information for the Council on matters not scheduled on the agenda to come forward and be heard. Mrs. Jewell Lawrence, 2001 Bufford, presented a letter on behalf of 4 property owners in the area, re- questing relief in the drainage situation in the 1900-2000 and 1000-1100 blocks of Buford and 17th Street, by the extension of the storm sewer for these 2 blocks, and the grading and blacktopping of the street. (See Petition #11 in File.) mendation. Mayor King directed that the request be received and referred to the City Manager for study and recom- Mr. William Shireman, attorney representing Mrs. Luch Welch and Mr. Mesog Donigan with reference to the abandoning of the project of straightening of the "S" Curve on Ocean Drive, stated that his clients were willing to relinquish the money paid into Court by the City and to waive any claims for damages, only asking that the City level the ground for their lawn, cover with sandy loam so they can grow grass on the lawn and replace the fence on the property line, which fence they are willing to furnish. There being no further business to come before the Council, the meeting was adjourned. lil THE STATE OF TEXAS COUNTY OF NUECES CITY OF CORPUS CHRISTI NOTICE OF SPECIAL MEETING TO THE MEMBERS OF THE CITY COUNCIL, THE CITY MANAGER, THE CITY SECRETARY AND THE CITY ATTORNEY TO THE CITY OF CORPUS CHRISTI, TEXAS: NOTICE IS HERESY GIVEN THAT A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, WILL DE HELD IN THE CITY OF CORPUS CHRISTI, TEXAS, IN THE COUNQIL CHAMBER OF THE CITY HALL, AT 5 OtCLOCK P. M. ON THE 8 DAY OF MAY , 1959, FOR THE PURPOSE OF REJECTING BIDS RECEIVED MAY 69 1959, ON AIR CONDITIONING, MEMORIAL COLISEUM* AND SUCH OTHER MATTERS AS MAY PROPERLY COME BEFORE THE COUNCIL. DATED THIS THE 8 DAY OF MAY, 1959 /S/ ELLROY KING ELLROY KING, MAYOR CITY OF CORPUS CHRISTI, TEXAS CONSENT TO MEETING e WE, THE UNDERSIGNED MEMBERS OF THE CITY COUNCIL, THE CITY MANAGER, THE CITY SECRETARY AND THE CITY ATTORNEY OF CORPUS CHRISTI, TEXAS, HEREBY ACCEPT SERVICE OF THE FOREGOING NOTICE, WAIVING ANY AND ALL IRREGULAR - (TIES IN SUCH SERVICE AND CONSENT AND AGREE THAT SAID MEETING SHALL BE AT THE TIME AND PLACE THEREIN NAMED AND FOR THE PURPOSE THEREIN STATED. DR. JAilES L. BARNARD /S/ MRS. RAY AIRHEART MRS, RAY AIRHEART /S/ JOSEPH B. DUNN JOSEPH B. DUNN /S/ HERBERT W. WHITNEY HERBERT W. WHITNEY CITY MANAGER /s/ T. RAY KRING T. RAY KRING CITY SECRETARY SPECIAL COUNCIL MEETING MAY 8, 1959 5;00 P. M. PRESENT: MAYOR ELLROY KING COMMISSIONERS: MRS, RAY AIRHEART JOSEPH B. DUNN PATRICK J. DUNNE R., A. HUMBLE GAME LoZAN09 SR. MAYOR ELLRoy KING CALLED THE SPECIAL MEETING TO ORDER. PATRICK J. DUNN /s/ Rx A. HUMBLE R. A. HUM13LE - /s/ GAGE LOZANO, SR. BAUE LOZANO, SR. /S/ 1. M. SINGER I. M. SINGER ` CITY ATTORNEY CITY MANAGER HERMERT W. WHITNEY CITY ATTORNEY 1. M. SINGER CITY SECRETARY T. RAY KRING MAYOR KING ANNOUNCED THE PURPOSE OF THE SPECIAL MEETING WAS TO REJECT THE BIDS RECEIVED ON MAY 69 19599 ON AIR CONDITIONING FOR MEMORIAL COLISEUM, AND SUCH OTHER MATTERS AS MAY PROPERLY COME BEFORE THE COUNCIL. MOTION BY JOSEPH DUNN, SECONDED BY AIRHEART AND PASSED THAT THE BIDS RECEIVED ON MAY 69 1959, ON AIR CONDITIONING FOR MEMORIAL COLISEUM BE REJECTED, THAT THE REVISED PLANS AND SPECIFICATIONS FOR AIR CONDITIONING THE MEMORIAL COLISEUM BE APPROVED, AND THAT THE CITY MANAGER BE AUTHORIZED TO ADVERTISE FOR BIDS TO BE RECEIVED ON MAY 209 1959, DURING THE REGULAR MEETING CONVENING AT 2:00 P.M. THERE BEING NO OTHER BHSINESS TO COME BEFORE THE COUNCIL, THE SPECIAL MEETING WAS ADJOURNED. 172 REGULAR COUNCIL MEETING MAY 130 1959 2. PRESENT: MAYOR ELLROY KING COMMISSIONERS: DR, JAMES L. BARNARD MRS, RAY AIRHEART JOSEPH B. DUNN PATRICK .J. DUNNE R.LA, HUMBLE GABE LoZAN09 SR, MAYorELLRDY KING CALLED THE MEETING TO ORDER, CITY MANAGER HERBERT W. WHITNEY CITY ATTORNEY 1. M. SINGER CITY SECRETARY T. RAY KRING THE INVOCATION WAS GIVEN BY REVEREND JOE K. ADER OF WESLEY METHODIST CHURCH. CITY SECRETARY T. RAY KRING CALLED THE ROLL OF THOSE IN ATTENDANCE, MOTION BY PAT DUNNE, SECONDED BY BERNARD AND PASSED THAT THE MINUTES OF THE REGULAR MEETING OF MAY 6 AND SPECIAL MEETING OF MAY 8, BE APPROVED. MAYOR KING ANNOUNCED THE OPENING OF BIDS. BIDS WERE OPENED AND READ FOR THE SALE OF $259,000 CITY OF CORPUS CHRISTI BONDS FROM THE FOLLOWING: M. E. -ALLISON & CO., INC. - MERCANTILE NATIONAL BANK OF DALLAS COLUMBIAN SECURITIES CORP. OF TEXAS - RAUSCHER, PIERCE 6 COMPANY FIRST SOUTHWEST COMPANY ` r KING, NELSON & Cost INC. - UNDERWOOD, NEAUHAUS & CO, MERRILL, LYNCH, PIERCE, F ENNER it SMITH, INC. - DALLAS UNION SECURITIES CO.` PORTER, NOYES, INC. MOTION BY LOZANO, SECONDED BY BARNARD THAT THE FOREGOING BIDS RE REFERRED TO THE CITY MANAGER FOR TABULA- TION AND RECOMMENDATION, BIDS WERE OPENED AND READ ON 25,000 FEET 2.375" OD STEEL PIPE FROM THE FOLLOWING: ATLAS PIPE, INC, CAMPBELL STEEL COMPANY CORPUS CHRISTI HARDWARE COMPANY THE L, 8, FOSTER COMPANY LOUIS GREENSPON, INC, GULF SUPPLY COMPANY, INC, MUNICIPAL PIPE 6 FABRICATING CO, NORWELL-WILDER SUPPLY COMPANY REPUBLIC SUPPLY COMPANY SAN ANTONIO MACHINE & SUPPLY CO, TEX-TUBE, INC. WALLACE COMPANY, INC. ALLIED PLUMBING SUPPLY CO., INC, ALAMO IRON WORKS MOTION BY AIRHEART, SECONDED BY HUMBLE AND PASSED THAT THE FOREGOING BIDS BE TABLED FOR 48 HOURS AS REQUIRED BY THE CITY CHARTER, AND REFERRED TO THE CITY MANAGER FOR TABULATION, MAYOR KING SUGGESTED THAT THE RESOLUTION RELATIVE TO U. S, INTERSTATE HIGHWAY #37 BE ACTED ON AT THIS TIME IN DEFERENCE TO MR. TOM FOSTER, DISTRICT HIGHWAY ENGINEER, WHO WAS ATTENDING THE MEETING SPECIFICALLY FOR THAT PURPOSE, MR. JAMES R. WELLS RAISED THE QUESTION OF WHY THE NEED FOR THE HIGHWAY, STATING THAT THERE SEEMS TO SE ENOUGH ACCESS ROUTES INTO THE CITY THROUGH THAT AREA. MAYOR KING SUGGESTED THAT PERHAPS MR. T. 0. FOSTER, DISTRICT HIGHWAY ENGINEER, WHO WAS PRESENT MIGHT BETTER ANSWER THE QUESTION BUT WHAT BRIEFLY U. S. INTERSTATE HIGHWAY #379 BEING FEDERALLY FINANCED, HAS AN ENTIRE- LY DIFFERENT PURPOSE THAN HIGHWAY #90 MR. FOSTER STATED THAT HE WOULD BE GLAD TO HAVE MR. WELL$ COME TO HIS OFFICE WHERE HE WOULD PROVIDE ANY INFORMATION DESIRED. RESOLUTION NO. 5355 WHEREAS, U. S. INTERSTATE HIGHWAY 37 HAS BEEN DESIGNATED AS AN EXPRESSWAY EXTENDING FROM THE SOUTH APPROACH OF THE HIGH LEVEL CHANNEL CROSSING BRIDGE WESTWARD TO THE CITY LIMITS; AND WHEREAS, AFTER PUBLIC HEARING AND RESTUDY OF THE LOCATION OF SAID HIGHWAY, A NEW AND MORE DESIRABLE ROUTE HAS BEEN DESIGNATED BY THE TEXAS STATE HIGHWAY DEPARTMENT AS SHOWN ON A MAP OF PROPOSED ROUTE LOCATION OF INTER- STATE HIGHWAY 37 FROM PEABODY STREET TO AT OR NEAR WEST CITY LIMITS OF CORPUS CHRISTI, TEXAS, DATED THE 4TH DAY OF MAY, 1959, AND ON FILE IN THE EXPRESSWAY OFFICE OF THE STATE HIGHWAY DEPARTMENT AT CORPUS CHRISTI, TEXAS, AND THE SAID NEW LOCATION OF THE ROUTE OF THE SAID U. S. HIGHWAY 37 HAS BEEN CAREFULLY SELECTED, AND AS SELECTED, IT AVOIDS MANY TRAFFIC PROBLEMS AND APPEARS TO BE IN THE MOST FEASIBLE LOCATION: ' t 173 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT THE NEW PROPOSED ROUTE OF U• S• HIGHWAY 379 EXTENDING FROM THE SOUTH APPROACH OF THE UPPER LEVEL CHANNEL CROSSING BRIDGE AND EXTENDING WESTWARD TO THE CITY LIMITS, BE AND THE SAME IS HEREBY APPROVED, AND RECOMMENDATION IS HERE AND NOW MADE FOR THE ACQUISITION OF RIGHT OF WAY AT AN EARLY DATE, THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: ELLROY KING AYE JAMES L• BARNARD AYE MRS, RAY AIRHEART AYE JOSEPH B• DUNN AYE PATRICK J• DUNNE AYE R• A• HUMBLE AYE GAPE LOZANO, SR, AYE THE FOREGOING ORDINANCE WAS PASSED BY THE FOLLOWING VOTE! ELLROY KING AYE JAMES L. BARNARD AYE MRS, RAY AIRHEART AYE JOSEPH Be DUNN AYE PATRICK J• DUNNE AYE R• -A. HUMBLE AYE GAPE LOZANO, SR. AYE MAYOR KING ANNOUNCED THE COUNCIL WOULD NEXT HOLD THE SCHEDULED PUBLIC HEARING RELATING TO THE APPLICATION OF E• M• CAREY, JR*, TO RE -ZONE HIS PROPERTY LOCATED AT 501 SOUTH STAPLES, BEING THE NORTH 40 FEET OF LOTS 8 THROUGH L49 INCLUSIVE, BLOCK 22, CHAMBERLAIN ADDITION, FROM "B-4" PRIMARY BUSINESS DISTRICT TO "L -i" LIGHT INDUSTRIAL DISTRICT. MR, BURR, SENIOR PLANNER, LOCATED THE PROPERTY ON THE MAP, POINTING OUT THE LAND USES IN THE AREA AND ADVISED THE COUNCIL THAT THE RECOMMENDATION OF THE ZONING & PLANNING COMMISSION WAS TO DENY THE APPLICATION SINCE IT ,WOULD CONSTITUTE SPOT ZONING, ATTORNEY JOE ALSUP, REPRESENTING MR. CAREY, STATED THE PRESENT OPERATION INTERFERES WITH NO ONE; THAT HE BELIEVES IN ZONING BUT "REALISTIC ZONING". HE FURTHER STATED THAT THERE ARE ALREADY 12 VACANT BUILDINGS BETWEEN THIS LOCATION AND SIX POINTS AND IF'THE LESSOR IS ;FORCED TO MOVE, THIS WOULD ADD ANOTHER VACANCY* COUNCILMAN HUMBLE INDICATED HE FAVORS THE CHANGE, STATING THE CITY IS FORTUNATE IN HAVING ANY OCCUPANCY AT ALL IN THAT AREA• OTHERS SPEAKING IN FAVOR OF THE ZONING CHANGE 34ERE JAMES LATTIMORE, ATTORNEY, AND CLARENCE DAVIS, OWNER OF THE BUSINESS NOW OPERATING AT THE LOCATION* NO ONE APPEARED IN OPPOSITION TO THE ZONING CHANGE, and passed u MOTION BY HUMBLE, SECONDED BY BARNARD/THAT THE HEARING BE CLOSED AND THE MATTER SE TAKEN UNDER ADVISEMENT* MAYOR KING CALLED FOR THE CITY MANAGERIS REPORTS, MOTION BY AIRHEART, SECONDED BY PAT DUNNE AND PASSED THAT THE PLANS AND SPECIFICATIONS FOR UNIT 11 OF THE WESTSIDE TRUNK SEWER MAIN PROJECT N0, 8-54-9.2 BE APPROVED, AND AUTHORIZE THE ADVERTISING FOR BIDS TO BE RECEIVED JUNE 39 19599 AT THE REGULAR COUNCIL MEETING, MOTION BY JOE DUNN, SECONDED BY PAT DUNNQAND PASSED THAT THE WORK OF SLOVAK BROTHERS, CONTRACTORS, FOR n CONSTRUCTION OF ALAMEDA STORM SEWER PROJECT N0. 3-53-4 BE ACCEPTED AND FINAL PAYMENT IN THE AMOUNT OF $159831.93 PE APPROVED. MOTION BY PAT DUNNE, SECONDED BY BARNARD AND PASSED THAT THE AWARD OF BID FOR VARIOUS ITEMS OF FULL u CIRCLE CLAMPS BE MADE TO ALAMO IRON WORKS OF CORPUS CHRISTI. THE TOTAL LOW RID OF $69232.55 SUBMITTED BY VIKING SUPPLY OF HOUSTON, TEXAS, BEING $3.70 LOWER THAN THE BID OF ALAMO IRON WORKS, AND IN VIEW OF THE FACT THAT ALAMO e IRON WORKS IS A LOCAL FIRM AND IN RECOGNITION OF VALUES RECEIVED FROM SERVICES RENDERED, -THE AWARD TO ALAMO IRON WORKS IS JUSTIFIED. (SEE BID TABULATION #20 IN FILE) MOTION BY AIRHEART, SECONDED BY LOZANO AND PASSED THAT THE CITY MANAGER BE AUTHORIZED TO ADVERTISE FOR BIDS ON 5 ITEMS OF MECHANICAL JOINT GATE VALVES ESTIMATED TO COST $7,463.769 TO BE RECEIVED ON MAY 27, 19599 AT THE REGULAR COUNCIL MEETING, MOTION BY HUMBLE, SECONDED BY PAT DUNNE AND PASSED THAT THE DATE OF JUNE 3. 1959, DURING THE REGULAR MEETING SET FOR 4 PUBLIC HEARINGS FOR ZONING CHANGES. 174 MOTION BY BARNARD, SECONDED BY PAT DUNNE AND PASSED THAT THE REQUEST FOR STREET LIGHTING OF SOUTH SHORE ESTATES ME APPROVED AND THAT IN VIEW OF THE HIGH TYPE OF DEVELOPMENT IN THE SUBDIVISION THE CITY ASSUME THE EXTRA COST BETWEEN ORNAMENTAL AND STANDARD LIGHT POLES, AND THAT A CONTRACT BE ENTERED INTO WITH THE DEVELOPER PROVIDING FOR PAYMENT OF 5 YEARSI OPERATION COST IN ADVANCE, MOTION BY HUMBLE, SECONDED BY JOE DUNNE AND PASSED THAT THE CITY ASSUME RESPONSIBILITY FOR PAVING ASSESSMENTS ON 17 PROPERTIES ON ALAMEDA WHICH ARE BEING CONTESTED IN D&STRICT COURT AND LISTED AS HOMESTEAD LIENS AS FOLLOWS: WALTER F. DUFFARD, J. E. CARROLL. DELBERT L. BOWEN, PAUL W. KIDWELL, NORMAN MCANNALLY, EDWIN DANTIN, E. B. GRONER, RICHARD H. GOEDEKE,VFRED HEFFINGTON, E. A. WILLIFORD, J. D. TOLLE, WILLIAM H. BLOCH, BETTY ATKIKS, ROBERT GUTTMAN, A. W. BOGGAN, M. H. MAJOR AND Q. B. ROQUEMORE, JR, AND OTHER HOMESTEAD PROPERTIES SUBJECT TO `FINAL APPROVAL UPON SUPMISSION OF A LIST OF THEM. MOTION PY HUMBLE, SECONDED BY PAT DUNNE AND PASSED THAT THS REQUEST OF HARRY HOAG RELATIVE TO THE BUILDING LINE REDUCTION FROM 461 TO 30. ON PROPERTY DESCRIBED AS ALL✓LOF LOTS 'A, B, C, D, E, F, G, H, 1, J, K AND L IN BLOCK 6 NANJEAN PARK, AN ADDITION IN THE CITY OF CORPUS CHRISTI, BE REFERRED TO THE ZONING & PLANNING COMMISSION FOR RECOMMENDATION. t MOTION MY HUMBLE, SECONDED BY BARNARD AND PASSED THAT THE RECOMMENDATION OF THE CITY MANAGER RELATIVE To THE SALE OF $259,000 CITY -OF CORPUS CHRISTY BONDS BE AWARDED TO M. E. ALLISON & CO., INC: MERCANTILE NATI-0NAL BANK OF DALLAS, DELIVERY TO BE MADE FRIDAY MAY 15, 19599 BE APPROVED ANDL.THE PROCEEDS GE INVESTED IN L,NG-TERM I.I. S. TREASURY NOTES. A SCHEDULE OF FUND OWNERSHIP OF BONDS IS ATTACHED TO SID TABULATION. ( SEE BID TABULATION #21 IN FILE.) ORDINANCE NO. �Q AMENDING c THE ZONE ORDINANCE OF THE CITY OF CORPUS CHRISTI ADAPTED 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. 2266 PASSED AND APPROVED ON THE 4TH OF MAY, 19489 APPEARING OF RECORD IN VOLUME 169 PAGES 339ET SEq OF THE ORDINANCE AND RESOLUTION RECORDS, AND AS AMENDED BY ORDINANCE NO. 4846 ADOPTED ON THE 21ST DAY OF AUGUST, 19579 BY AMENDING THE ZONING MAP TO CHANGE THE ZONING OF THE SOUTH 50FT. OF LOT 1, BLOCK 2, WASHINGTON ADDITION TO THE CITY OF CORPUS CHRISTI, TEXAS FROM "R-1" SINGLE FAMILY DWELLING DISTRICT TO "B-10 NEIGHBORHOOD 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 BY THE FOLLOWING VOTE: ELLROY KING AYE JAMES L. BARNARD AYE MRS. RAY AIRHEART AYE JOSEPH B. DUNN AYE PATRICK J. DUNNE AYE R."A. HUMBLE AYE GABE COZANO, SR. AYE THE FOREGOING ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: ELLROY KING AYE JAMES L. BARNARD ,AYE MRS. RAY AIRHEART AYE JOSEPH B. DUNN AYE PATRICK J. DUNNE AYE R. A. HUMBLE AYE GAME LOZANO, SR. AYE ORDINANCE NO. 5351 n AUTHORIZING AND DIRECTING THE CITY MANAGER FOR -AND ON BEHALF OF THE- CITY OF CORPUS CH IR IST TO EXECUTE A LEASE AGREEMENT BY AND BETWEEN THE CITY OF CORPUS CHRISTI AND THE VETERANS OF FOREIGN WARS, POST NO. 539 CORPUS CHRISTI, TEXAS, FOR A PORTION OF ',THE CORPUS CHRISTI ARMORY PROPERTY LOCATED AT 447 RAMSEY STREET, CORPUS CHRISTI, NUECES COUNTY, TEXAS, FOR THE PURPOSE OF CONSTRUCTING A BOY SCOUT HUT, A COPY OF SUCH LEASE AGREEMENT BEING ATTACHED HERETO AND MADE A PART HEREOF: AND DECLARING AN EMERGENCY. THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: ELLROY KING AYE JAMES L. BARNARD AYE MRS. RAY AIRHEART ,AYE JOSEPH B. DUNN AYE PATRICK J. DUNNE AYE R. A. HUMBLE AYE GAME LOZANO, SR. AYE 175 THE FOREGOING ORDINANCE WAS PASSED MY THE FOLLOWING VOTE; ELLROY KING AYE JAMES L. BARNARD AYE MRS, RAY AIRHEART AYE JOSEPH B. DUNN AYE PATRICK J• DUNNE AYE R•'A• HUMBLE AYE GAME LOZANO, SR. AYE ORDINANCE NO. 5352 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE AN AGREEMENT WITH THE UNITED STATES OF AMERICA FOR THE OPERATION OF THE AIRPORT TRAFFIC CONTROL TOWER; FOR THE USE OF THE CONTROL TOWER STRUCTURE; FOR A SITE FOR THE COMBINED TOWER AND COMMUNICATION STATION; FOR A REMOTE TRANSMITTER STATION SITE; FOR A REMOTE RECEIVER STATION SITE, ALL AT CLIFF 14AUS FIELD, CORPUS CHRISTI, NUECES COUNTY, TEXAS, IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF THE ATTACHED DOCUMENTS WHICH ARE MADE A PART HEREOF; AND DECLARING AN EMERGENCY. THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE; ELI -Roy KING AYE JAMES L• BARNARD AYE MRS. RAY AIRHEART AYE JOSEPH Be DUNN AYE PATRICK J. DUNNE AYE Re A. HUMBLE AYE GABE LOZANO, SR AYE THE FOREGOING ORDINANCE WAS PASSED MY THE FOLLOWING VOTE; ELLROY KING AYE JAMES L. BARNARD AYE MRS, RAY AIRHEART AYE JOSEPH Be DUNN AYE PATRICK J. DUNNE AYE R. A. HUMBLE AYE GAME LOZANO, SR, AYE ORDINANCE NO. 5353 AUTHORIZING THE CITY MANAGER TO EXECUTE, FOR AND ON BEHALF OF THE CITY, AN AGREEMENT BETWEEN THE CITY AND MISSOURI PACIFIC RAILROAD COMPANY FOR THE USE OF POLES AND WIRES BETWEEN MILE POLE 77-09 AT THREE RIVERS, TEXAS, AND MILE POLE 79-00 AT THE NUECES RIVER; AND DECLARING AN EMERGENCY. THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE; ELLROY KING AYE JAMES L• BARNARD AYE MRS, RAY AIRHEART AYE JOSEPH Be DUNN AYE PATRICK J. DUNNE AYE R.'A. HUMBLE AYE GAME LOZANO, SR AYE THE FOREGOING ORDINANCE WAS PASSED MY THE FOLLOWING VOTE: ELLROY KING AYE JAMES L. BARNARD AYE JOSEPH Be DUNN AYE PATRICK J• DUNNE Aye/ R. A. HUMBLE AYE MRS, RAY AIRHEART AYE GAME LOZANO, SR AYE ORDINANCE NO. 5354 RECEIVING AND ACCEPTING THE CONSTRUCTION OF THE ALAMEDA STORM SEWER, PROJECT NO. 3-53-4, PERFORMED BY SLOVAK BROTHERS CONTRACTORS, UNDER THEIR CONTRACT WITH THE CITY DATED SEPTEMBER lit 1958, AS AUTHORIZED BY ORDINANCE NO. 5132 ; APPROPRIATING ADDITIONAL FUNDS IN THE AMOUNT OF $19000.00 FROM NO. 295 STORM SEWER BOND IMPROVEMENT FUND FOR ENGINEERING AND CONSTRUCTION REQUIREMENTS FOR PROJECT COMPLETION; AUTHORIZING PAYMENT OF FINAL ESTIMATE NO. 6, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, DATED MAY 791959, IN THE AMOUNT OF $15,831.93 FROM FUNDS APPROPRIATED FROM NO. 295 STORM SEWER BOND IMPROVEMENT FUND; AND DECLARING AN EMERGENCY. THE CHARTER RULE WAS SUSPENDED BY LTHE FOLLOWING VOTE: ELLROY KING AYE JAMES L. ©ARNARD AYE MRS, RAY AIRHEART AYE JOSEPH B. DUNN AYE PATRICK J. DUNNE AYE R. A. HUMBLE AYE GAME LOZANO, SR AYE THE FOREGOING ORDINANCE WAS PASSED MY THE FOLLOWING VOTE; ELLROY KING AYE JAMES L. BARNARD AYE MRS, RAY AIRHEART AYE JOSEPH DUNN AYE PATRICK J. DUNNE AYE Re—A, HUMBLE AYE GAME LOZANO, SR AYE 1%6 ORDINANCE N0, 5356 AUTHORIZING THE MERCANTILE -NATIONAL BANK TO CREMATE AND ISSUE CREMATION CERTIFICATES FOR THE WATERWORKS REVENUE UONDS AND COUPONS PAID BY THAT BANK; AND DECLARING AN EMERGENCY. N THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: ELLROY KING AYE JAMES L. BARNARD AYE JOSEPH B. DUNN AYE PATRICK_J, DUNNE AYE R. A. HUMDLE AYE MRS. RAY AIRHEART AYE GABE LoZAN09 SR, AYE THE FOREGOING ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: ELLROY KING AY E JAMES L. BARNARD AYE MRS. RAY ,AIRHEART AYE JOSEPH B. DUNN AYE PATRICK J. DUNNE AYE R."A, HUMBLE AYE GAME LOZANO, SR. AYE t SECOND READING OF AN ORDINANCE: AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF :CORRUSCHRISTI, TO EXECUTE AN AGREE- MENT TO ANNEX 31.644 ACRES OF LAND OUT OF LOT THREE (3) BRYON WILLIS SUBDIVISION, NUECES COUNTY, TEXAS, WITH MAGEE DEVELOPMENT COMPANY. VOTE: THE FOREGOING ORDINANCE WAS READ FOR THE SECOND TIME AND PASSED TO,ITS THIRD READING BY THE FOLLOWING ELLROY KING AY E JAMES L. BARNARD AYE MRS. RAY AIRHEART AYE JOSEPH B. DUNN AYE PATRICK J. DUNNE AYE R. A. HUMBLE AYE GAME LOZANO, SR AYE MAYOR KING INVITED ANYONE IN THE AUDIENCE WITH PETITIONS OR INFORMATION FOR THE COUNCIL ON MATTERS NOT SCHEDULED ON THE AGENDA TO COME FORWARD AND BE HEARD, FORMER MAYOR FARRELL D. SMITH APPEARED AND QUOTED MAYOR KING AS HAVING MISREPRESENTED THE FACTS IN AN ARTICLE APPEARING IN THE CALLER -TIMES OF MAY 99 19599 REGARDING THE RECENT $3009000 BOND ELECTION IN RELATION TO " U THE AIR CONDITIONING OF THE MEMORIAL COLISEUM; THE STATEMENT BEING THAT A LOT OF NPHONY"RALONEYM WAS PUT OUT WHEN VOTERS APPROVED THE $3009000 FOR THE PROJECT. MR. SMITH STATED THAT IF THE COUNCIL BELIEVES THE PUBLIC WAS HOODWINKED INTO APPROVING THE MOND ISSUE THE ONLY THING TO DO IS)H®LD ANOTHER ELECTION. SMITH STATED THAT HE WOULD LIKE TO PERSONALLY INFORM THE COUNCIL THAT THE STATEMENT IS TOTALLY FALSE AND UNTRUE, COUNCILMAN R. A. HUMBLE STATED THAT ARCHITECTS SMYTH it SMYTH SAID THEY DID NOT KNOW ANYTHING ABOUT A $300,000 LIMIT UNTIL THEY WERE HIRED THREE WEEKS AFTER THE ELECTION, SMITH SAID THE FIGURE WAS BASED ON A 1956 BLUM 6 GUERRA REPORT WHICH THE COUNCIL HAD ACCESS TO, MAYOR KING STATED THE COUNCIL HAS SEEN THE REPORT BUT RELIEVES IT TO BE A VERY INADEQUATE ONE. THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE COUNCIL, THE MEETING WAS ADJOURNED. REGULAR COUNCIL MEETING May 20,` 1959 200 P. M. PRESENT Mayor Ellroy King Commissioners Dr James L Barnard Mrs. Ray Airheart Joseph B. Dunn Patrick J Dunne R. A Humble Mayor Ellroy King called the meeting to order. City Manager Herbert W. Whitney City Attorney I. M Singer City Secretary T Ray Kring The Invocation was given by Reverend Kenneth Hiner of the Forrest Park Baptist Church. City Secretary T. Ray Kring called the roll of those in attendance. Motion by Pat Dunne, seconded by Barnard and passed that the absence of Councilman Gabe Lozano be ex- 17'7 cused because of illness. Motion by Barnard, seconded by Pat Dunne and passed that the Minutes of the Regular Meeting of May 13, be approved. following: Mayor King announced the opening of bids. Bids were opened and read on the construction of the concession building at H. E. Butt Park from the J. W. Bermingham Construction Co. Ramsey & Atkinson Motion by Barnard, seconded by Airheart and passed that the foregoing bids be tabled for 48 hours as required by the City Charter, and referred to the City Manager for tabulation and recommendation. Mayor King suggested that the Council deviate from the regular order of business at this time to hear Dr. Frank Hovell, Chairman of Children's Services Committee. Dr. Hovell stated that R. A. Beers, executive Director of the City -County Welfare Board, was acting in an unwarranted, unceasing and harrassing manner relative to the Agency's operation. He further stated that Mr. Beers was a'bottleneck" to the operation, holding up checks, never available when needed and is holding up re- lease of $2,500 from Children's Services to the Parkway Home for Girls. He also stated that unless some action is taken immediately the Board will have to shut down. Councilman Barnard stated that the Council hesitates to take any premature action until.the welfare study by John G. Steinle & Associates, employed by the City and County for a survey of the functions of the Wel- fare operations, is completed. Motion by Barnard, seconded by Airheart and passed that the matter be referred to City Manager Whitney and Dr. Metzger, Director of City -County Health Unit for study and action as soon as possible. Mayor King announced the Council would next dispose of the pending item relative to the application of E. N. Carey for a change of zoning from "B-4" Primary Business District to "L -I" Light Industrial District, the north 40 feet of Lots 8 to 14, inclusive, Block 22, Chamberlain Addition. Motion by Humble, seconded by Barnard and passed that the foregoing application be referred to the Zon- ing and Planning Commission for further study and recommendation. Mayor King called for the City Manager's reports. Motion by Humble, seconded by Pat Dunne and passed that the award of bid for 25,000 feet of 2" Bare Steel Pipe be made to Atlas Pipe, Inc., the low bidder meeting specifications, in the amount of $ 7,870.00. (See Bid Tabulation #22 in File). Motion by Airheart, seconded by Barnard and passed that the request for an extension of time of 38 days for completion of Gardendale Water Line Project be granted, inasmuch as rains and wet soil conditions have pre- vented work. The extension of time will establish June 9, 1959, as the new completion date. Motion by Barnard, seconded by Pat Dunne and passed that the deferment of receipt of bids relative to the airconditioning of Memorial Coliseum until May 27, be ratified due to the fact that some modification in Plans and Sepcifications exist. Motion by Airheart, seconded by Barnard and passed that the Tax Error and Correction List and Supple- mental Tax Roll for the month of April be approved. Motion by Joe Dunn, seconded by Pat Dunne and passed that the date of June 17, 1959, be set for Public Hearing on an application to close a portion of Caldwell Street, same being the dead end of said Street 50.48' in width and 78' in length. Motion by Humble, seconded by Pat Dunne and passed that the City exercise its Option to Purchase a 25' strip of land on Williams Drive adjacent to Erskin Park Subdivision for drainage purposes at a maximum cost of $ 3,717.99 or $ 27.00 per front foot, less the cost of sidewalk, curb and gutters, and paving be authorized. Motion by Humble, seconded by Pat Dunne, and passed that the date of June 10, 1959, be set for 3 Public 178 Hearings for zoning changes. Motion by Airheart, seconded by Barnard and passed that the action relative to observing May 30 and - July 4, as holidays be ratified, but in order to avoid interrupting services to the public, departments and divi, sions with offices in the City Hall and Utilities Building, and similar activities in other locations, that one- half of the employees be permitted to be off on the Friday preceding the holiday and the other one-half to be off on the Monday following the holiday. In any case where it is not possible for an employee to be off either day, one day compensatory time off may be granted the employee at a later time. Employees who normally work on Satur- day will observe that day as the holiday. Those working in emergency services who must remain on duty will be granted holiday compensation, compensatory time off, or as in the case of firemen and policemen-:, an additional day of vacation time in accordance with Section 9 of the compensation ordinance. City Manager Whitney recommended that the Recommendations and Study relative to Lime Stabilization - Municipal Airport Project, runways, taxiways, ramps; etc., be deferred in ljg ht of a meeting scheduled with Reagan & McCaughan, Engineers, immediately following this meeting on the subject. Motion by Airheart, seconded by Barnard and passed that the work of H & H Concrete Construction Company for improvements in the 300 and 400 blocks on Lower Broadway be accepted and payment to the Contractor from Gen- eral Funds provided for this project in the amount of $ 5,299.88, be authorized. Motion by Humble, seconded by Pat Dunne and passed that the purchase of right-of-way for railroad pur- poses across a residential tract at 1229 Dunn Lane, same being .068 acres of land, from Miss Katie Dunn int he amount of $ 1,525.00, be approved. Motion by Humble, seconded by Pat Dunne and passed that the request of Ted M. Anderson to amend Section IV, Subsection --E, Item 2(a), of Ordinance No. 4168, as amended, to read: "Residential lots where served by public sewer shall be not less than fifty (50) feet wide at the building line nor less than six thousand (6,000) square feet in area; except, however, in the area between Port Avenue as extended by Ayers and Chapman Ranch Road, for the East boundary, and Old Brownsville Road, as extended by Morgan to Port Avenue, for the West and North boundaries, and extending to the five mile extension of the City Limits line for the southerly boundary, the lot area may be reduced to five thousand (5,000) square feet", be referred to the Zoning & Planning Commission for study and recommendation. Motion by Airheart, seconded by Pat Dunne and passed that final estimate No. 3, for construction of the North Alameda Street Water Main, Project No. 7-53-21 by T. H. Lee in the amount of $ 5,160.10, be approved for payment. Motion by Pat Dunne, seconded by Humble and passed that Change Order No. 1, relative to the extension of construction of the Railroad Track Project 13-55-1 for the North Approach to the Lift Bridge for a distance of approximately.243 feet at a cost of $ 2,100.00 be approved. vote: FIRST READING OF AN ORDINANCE: AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A LEASE AGREEMENT WITH THE OSO-NATIONAL PONY LEAGUE, LEASING TO THE SAID OSO-NATIONAL PONY LEAGUE A :SIX ACRE TRACT OF LAND IN SOUTH GUTH PARK FOR THE PURPOSE OF ESTABLISHING AND MAINTAINING A PUBLIC RECREA- TIONAL AREA, A COPY OF WHICH AGREEMENT IS ATTACHED HERETO AND MADE A PART HEREOF. The foregoing ordinance was read for the first time and passed to its second reading by the following Ellroy King James L. Barnard Mrs. Ray Airheart Joseph B. Dunn Patrick J. Dunne R. A. Humble Gabe Lozano, Sr. Aye Aye Aye Aye Aye Aye Absent ORDINANCE NO. 5357 AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE RELEASE OF SPECIAL ASSESSMENTS AS FOLLOWS: (1) IN THE AMOUNT OF $ 159.0+ AGAINST THAT CERTAIN PROPERTY FRONTING 63.28 FEET ON THE NORTHWEST SIDE OF KOSTORYZ ROAD, DESCRIBED AS BEING LOT 13, BLOCK 5, LAWNDALE #2, AND THE OWNER THEREOF, NORMAN W. COX: (2) IN THE AMOUNT OF $127.80 AGAINST THAT CERTAIN PROPERTY FRONTING 80 FEET ON THE SOUTHEAST SIDE OF KOSTORYZ ROAD, DESCRIBED AS BEING LOT 3, BLOCK 1, CASA LINDA ESTATES #1, AN ADDITION TO THE CITY OF CORPUS CHRISTI, TEXAS, AND THE OWNER THEREOF, H. W. REAGAN: A COPY OF WHICH RELEASES ARE ATTACHED HERETO AND MADE A PART HEREOF, AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote. Ellroy King Aye James L Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Absent The foregoing ordinance was passed by the following vote Ellroy King James L Barnard Mrs. Ray Airheart Joseph B. Dunn Patrick J Dunne R. A Humble Gabe Lozano, Sr Aye Aye Aye Aye Aye Aye Absent ORDINANCE NO. 5358 19 AMENDING SECTIONS 34-17, 34-18 and 34-19 OF THE CORPUS CHRISTI CITY CODE, 1958, SO AS TO PROVIDE FOR A PROCEDURE OF REQUIRING PROPERTY OWNERS TO INSTALL CURB, GUTTER AND/OR SIDEWALK IN THE STREET RIGHT-OF- WAY BY THE OWNERS OF ABUTTING PROPERTY, INCLUDING THE FIXING OF A LIEN ON THE ABUTTING PROPERTY IN THE EVENT THE PROPERTY OWNERS DO NOT MAKE SUCH INSTALLATION AS IS REQUIRED BY SUCH PROCEDURE, AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote Ellroy King Aye James L Barnard Aye Mrs Ray Airheart Aye Joseph B Dunn Aye Patrick J Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Absent The foregoing ordinance was passed by the following vote Ellroy King James L. Barnard Mrs. Ray Airheart Joseph B Dunn Patrick J. Dunne R. A. Humble Gabe Lozano, Sr. Aye Aye Aye Aye Aye Aye Absent ORDINANCE NO. 5359 AMENDING SECTION 21-131, SUB -SECTION (a), ITEM 6, OF THE CORPUS CHRISTI CODE, 1958, SO A$ TO INCLUDE THE 300 and 400 BLOCKS OF LOWER BROADWAY, FROM TWIGG STREET TO WILLIAMS STREET, FOR THE INSTALLATION OF ONE AND TWO HOUR PARKING METERS ON THE EAST SIDE OF THE SAID STREET, REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH, PROVIDING FOR PENALTIES FOR VIOLATION, PROVIDING FOR PUBLI- CATION, AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R A. Humble Aye Gabe Lozano, Sr. Absent The foregoing ordinance was passed by the following vote Ellroy King Aye James L. Barnard Aye Mrs Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A Humble Aye Gabe Lozano, Sr. Absent FIRST READING OF AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TEXAS, A USE PRIVILEGE CONTRACT WITH TOM LAWRENCE, LEASING TO HIM THE GOLF SHOP AND CAFE LOCATED IN SAID MUNICIPAL GOLF COURSE FOR A PERIOD OF THREE YEARS FOR AND IN CONSIDERATION OF THE COMPENSATION TO THE CITY OF FIVE PERCENT (5%) OF ALL GROSS RECEIPTS DERIVED THEREFROM AND UNDER THE TERMS AND CON- DITIONS OF SAID LEASE, A COPY OF WHICH LEASE IS ATTACHED HERETO AND MADE A PART HEREOF. The foregoing ordinance was read for the first time and passed to its second reading by the following vote 180 Ellroy King James L. Barnard Mrs. Ray Airheart Joseph B. Dunn Patrick J. Dunne R. A. Humble Gabe Lozano, Sr. Aye Aye Aye Aye Aye Aye Absent ORDINANCE N0. 5360 RECEIVING AND ACCEPTING THE OONSTRUCTION OF THE NORTH ALAMEDA STREET WATER MAIN, PROJECT N0. 7-53-21, PERFORMED BY T. H. LEE, CONTRACTOR, UNDER HIS CONTRACT WITH THE CITY DATED FEBRUARY 10, 1959, AS AU- THORIZED BY ORDINANCE NO. 5261; AUTHORIZING PAYMENT OF FINAL ESTIMATE NO. 3, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, DATED APRIL 30, 1959, IN THE AMOUNT OF $ 5,160.10, WITH PAY- MENT FROM CODE 202, WATERWORKS BOND CONSTRUCTION FUND; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Absent The foregoing ordinance was passed by the following vote: Ellroy King. James L. Barnard Mrs. Ray Airheart Joseph B. Dunn Patrick J. Dunne R. A. Humble Gabe Lozano, Sr. Aye Aye Aye Aye Aye Aye Absent ORDINANCE NO. 5361 APPROPRIATING AN ADDITIONAL SUM OF $ 11,107.14 OUT OF NO. 220 STREET BOND IMPROVEMENT FUND, TO AUGMENT THE REMAINING BALANCE OF FUNDS IN THE AMOUNT OF $ 17,955.04 PREVIOUSLY APPROPRIATED By .ORDINANCE N0. 5050, DATED JUNE 11, 1958, FOR THE PURCHASE OF CERTIFICATES OF SPECIAL ASSESSMENT ON LIPAN STREET IM- PROVEMENT, PROJECT NO. 1-53-4.11 THEREBY PROVIDING TOTAL FUNDS IN THE AMOUNT OF $ 29,062.18 AS NOW REQUIRED FOR SAID PURCHASES; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Absent The foregoing ordinance was passed by the following vote: Ellroy King James L. Barnard Mrs. Ray Airheart Joseph B. Dunn Patrick J. Dunne R. A. Humble Gabe Lozano, Sr. Aye Aye Aye Aye Aye Aye Absent ORDINANCE NO. 5362 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TEXAS, TO EXECUTE WITH JACK RYAN A CONTRACT PROVIDING THAT THE CITY OF CORPUS CHRISTI, TEXAS, WILL BE RESPONSIBLE FOR STREET LIGHT BILLINGS TO THE EXTENT OF THREE THOUSAND TWO HUNDRED FOUR AND N0�100 ($3,204.00) DOLLARS ON TWENTY-SIX STREET LIGHTS TO BE INSTALLED IN SOUTH SHORES ESTATES, UPON THE PAYMENT TO THE CITY OF THREE THOUSAND TWO HUNDRED FOUR AND N0/100 ($1,204.00) DOLLARS BY JACK RYAN, A COPY OF WHICH AGREEMENT IS ATTACHED HERETO; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aare Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Absent The foregoing ordinance was passed by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Absent 181 ORDINANCE NO. 5363 RECEIVING AND ACCEPTING THE WORK OF CONSTRUCTION OF IMPROVEMENTS IN THE 300 and 400 BLOCKS OF LOWER BROADWAY, PERFORMED BY H & H CONCRETE CONSTRUCTION COMPANY, CONTRACTORS, UNDER THEIR CONTRACT WITH THE CITY DATED FEBRUARY 10, 1959, AS AUTHORIZED BY ORDINANCE NO. 5259; AUTHORIZING PAYMENT OF FINAL ESTI- MATE NO. 11 A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, DATED MAY 6, 1959) IN THE AMOUNT OF $5,299.88, WITH PAYMENT FROM CODE 102, CAPITAL IMPROVEMENT OF GENERAL FUND, PREVIOUSLY APPROPRIATED FOR CONSTRUCTION AND CONTINGENCIES; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Absent The foregoing ordinance was passed by the following vote: Ellroy King James L. Barnard Mrs. Ray Airheart Joseph B. Dunn Patrick J. Dunne R. A. Humble Gabe Lozano, Sr. Aye Aye Aye Aye Aye Aye Absent ORDINANCE No. 536+ AUTHORIZING CONDEMNATION PROCEEDINGS BY THE CITY OF CORPUS CHRISTI TO CONDEMN CERTAIN REAL ESTATE LO- CATED IN NUECES COUNTY, TEXAS, OWNED BY ROBERT E. BRENNAN AND WIFE, FOR STREET AND ROAD USE IN THE PROJECT KNOWN AS THE TULE LAKE LIFT BRIDGE PROJECT, WHICH LAND IS MORE PARTICULARLY DESCRIBED HEREIN; DIRECTING THE CITY ATTORNEY TO INSTITUTE PROCEEDINGS TO CARRY OUT THE INTENTION OF THIS ORDINANCE; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Absent The above ordinance was passed by the following vote: Ellroy King James L. Barnard Mrs. Ray Airheart Joseph B. Dunn Patrick J. Dunne R. A. Humble Gabe Lozano, Sr. Aye Aye Aye Aye Aye Aye Absent ORDINANCE NO. 5365 CREATING A SIDEWALK DISTRICT CONSISTING OF BOTH SIDES OF THE 3500 BLOCK OF TOPEKA STREET, BEING THE BLOCK EXTENDING FROM THE NORTH PROPERTY LINE OF ROPE STREET TO THE SOUTH PROPERTY LINE OF SINCLAIR STREET, WITHIN THE CITY LIMITS OF THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEKAS: PROVIDING FOR THE CONSTRUCTION OF CURBS, GUTTERS AND SIDEWALKS THEREON BY MAKING DEMAND OF THE ABUTTING PROPERTY OWNERS THAT SUCH CURBS, GUTTERS AND SIDEWALKS BE BUILT; PROVIDING THAT IN CASE OF FAILURE TO CONSTRUCT SAID CURBS, GUTTERS AND SIDEWALKS AFTER NOTICE THAT CONSTRUCTION BE MADE BY THE CITY; PROVIDING A PROCEDURE FOR FILING AND FIXING OF LIEN; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Absent The foregoing ordinance was passed by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye ~- Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Absent Mayor King invited anyone in the audience with petitions or information for the Council on matters not scheduled on the agenda to come forward and be heard. Mr. Gilbert Isenberg appeared and read a letter addressed to members of the Council, which stated he 182 was appearing not as a member of any organization or political group but as a tax paying citizen and urging the Council not to abandon the Ocean Drive S -Curve Project; that they are allowing "personal spite and resentment" to control sound judgment; that abandoning the Curve is a sign of governmental instability and short sightedness. Mr. Isenberg called attention to an accident in which his wife and daughter were involved in 19+1 when a speed- ing motorist failed to make the curve and hit his car, emphasizing that in his opinion the Curve is one of the greatest traffic hazards in Corpus Christi. He further stated that he supposed it would have to take the life of a prominent citizen to get the hazard removed. (See Petition X12 in File) Mr. Jack Blackmon who is building a home near the Curve, said to abandon the project is against sound engineering and business practice; that the Curve would have to be straightened eventually and that the cost would be greater in the future due to the increase in cost of land involved. He called attention to numerous other hazardous locations in the City which have been removed in recent years following fatal accidents. Mr. Blackmon stated that even though he owns property near the Curve he stands to gain nothing and that he came only in the public interest. Mayor King expressed appreciation for the comments and stated that expressions from the public were at all times welcomed; that Mr. Isenberg's letter would be filed with the City Secretary. There being no further business to come before the Council, the meeting was adjourned. ` REGULAR COUNCIL MEETING May 27, 1959 2:00 P. M. PRESENT: Mayor Ellroy King Commissioners: Dr. James L. Barnard Mrs. Ray Airheart Joseph B. Dunn Patrick J. Dunne R. A. Humble Gabe Lozano, Sr. Mayor Ellroy King called the meeting to order. City Manager Herbert W. Whitney City Attorney I. M. Singer City Secretary T. Ray Kring The Invocation was given by Reverend Alfred F. Swearingen of the Parkway Presbyterian Church. City Secretary T. Ray Kring called the roll of those in attendance. Motion by Airheart, seconded by Humble and passed that the minutes of the regular meeting of May 20 be approved. Mayor King announced the opening of bids. Bids were opened and read relative to the Airconditioning of Memorial Coliseum from the following: Braselton Construction Co. Coastal Bend Construction Co. E. E. Harrison Price Construction Co. Motion by Humble, seconded by Pat Dunne that the foregoing bids be tabled for 48 hours as required by the City Charter, and referred to the City Manager for tabulation and recommendation. Motion by Barnard, seconded by Pat Dunne and passed that the opening of bids on the Utility Channel Crossing for the High Level Bridge be deferred for one week. Bids were opened and read on 20 School Speed Control Signals and 20 Signs, complete with mounting bolts,. from the following: Crouse -Hinds Co. Eagle Signal Corp. Kar-Trol Signal Co., Inc. Nunn Electric Supply Corp. Signal Engineering Co. Winko-Matic Signal Co. Motion by Barnard, seconded by Pat Dunne and passed'that the foregoing bids be tabled for 48 hours as required by the City Charter, and referred to theCity Manager for tabulation and recommendation. Bids were opened and read on 111 M. J. Gate Valves, ranging in size from 4" to l0", and 9 - 6" Tapping 183 Valves from the following: Alamo Iron Works Darling Valve & Mfg. Co. Iowa Valve Company The Ludlow Valve Mfg. Co., Inc. McAllen Pipe & Supply Co. Municipal Pipe & Fabricating Co. The Rohan Co., Inc. Viking Supply Corp. San Antonio Machine & Supply Co. Motion by Pat Dunne, seconded by Barnard and passed that the foregoing bids be tabled for 48 hours as required by the City Charter, and referred to the City Manager for tabulation and recommendation. Mayor King called for the City Manager's reports. Motion by Humble, seconded by Lozano and passed that the recommendations of the City Manager be ap- proved with regard to the following: (a) Recommendation that the contract relative to the Concession Building, H. E. Butt Park, be awarded to the firm of Ramsey and Atkinson in the amount of $ 3,122.00; (See Bid Tabulation #23 in File) (b) Recommendation that the work of Heldenfels Brothers for construction of Gollihar Storm Sewer, Unit #7, Project #3-53-2.13, including Kasper and Florence Street Laterals, under their,contract with the City dated December 23, 1958, and payment of final estimate in the amount of $12,536.07; (c) Request for Council authority to receive bids June 10, 1959, at the regular Council meeting, on 250 Cylinders Acetylene and 400 Cylinders Oxygen; (d) Request for Council authority to receive bids June 10, 1959, at the regular Council meeting for lease of -174.5 acres of land at Cliff MausAirport for farming and agricultural purposes, for the period of September 1, 1959, through August 31, 1960; (e) Request for Council authority to receive bids June 10, 1959, at the regular Council meeting for lease of 10 acres of farm land, Cliff Maus Airport, near the corner of Horne Road and Greenwood Drive, for the period of September 1, 1959, through August 31, 1960; (f) Request for Council authority to receive bids June 10, 1959, at the regular Council meeting for lease of 313 acres of farm land, Cuddihy Field, subject to terms of sublease under Navy lease, for the period of September 1, 1959, through August 31, 1960; (g) That the City accept assignment of the contractor's mechanics liens on homesteads relative to paving on Alameda Street, as follows: .T. F. Carroll. Lot 12. Block 1. Pope Place No. 1 ............................................$ 587.42 A. B. McKenzie, Lot 13, Block 7, Pope Place No. 1 ........................................... 575.18 George L. Richard, Lot 14, Block 7, Pope Place No. 1 ....................................... 575.18 Guy J. Brown, Lot 13, Block 8, Pope Place No. 1 ...................................0.000.... 575.18 Harley R. Mitchell, et ux, Lot 14, Block 81 Pope Place No. 1 575.18 Delbert Bowen, Lot 15, Block 11, Pope Place No. 1 .................0........................ 575.18 A. M. Dampier, Jr., Lot 16, Block 11, Pope Place No. 1 ..................................... 575.18 J. C. White, Lot 15, Block 12, Pope Place No. 2 .............................0..........000. 582.97 Laura C. Davidson, Lot 16, Block 12, Pope Place No. 2 ...................................... 764.21 Paul W. Kidwell, et ux, Lot 14, Block 15, Pope Place No. 2 ................................. 786.18 Norman R. McAnally, Lot 15, Block 15, Pope Place No. 2 ............................0........ 764.21 William P. Hicks, Lot 13, Block 16, Pope Place No. 2 ....................................... 800.83 Perry M. McKinnan, Lot 14, Block 16, Pope Place No. 2 .................................. a... 786.18 Gerald A. Lutz, Lot 13, Block 17, Pope Place No. 2 .......................................... 764.21 Edwin G. Danten, Lot 14, Block 17, Pope Place No. 3 ..............................0.....000. 782.60 E. B. Groner, Lot 12, Block 18, Pope Place No. 3 ......................................0.... 782.60 Richard H. Godeke, Lot 13, Block 18, Pope Place No. 3 ...............................••••••• 782.60 R. M. Currie, Lot 11, Block 19, Pope Place No. 3 . ...............0.......................... 789.76 Bobby D. Horton, Lot 12, Block 19, Pope Place No. 3 ...................04.0..........0...... 782.60 Thomas G. Meehan, et ux, Lot 10, Block 20, Pope Place No. 4 .........................6.0...•802,29 Richard W. Kincaid, Lot 11, Block 20, Pope Place No. 4 ........................0............802,29 000 I. V. Ainsworth, et ux, Lot 11, Block 21, Pope Place No. 4 ,.... .......................0.802,29 Ralph R. Holeman, Lot 10, Block 22, Pope Place No. 4 ...................................0.0.807,63 Joseph I. Thompson, Lot 11, Block 22, Pope Place No. 4 ..................................... 805.96 Richard L. Hudson, Lot 1, Block 1, Lamar Park No. 1 ........................................ 714.64 D. V. Copus, Lot 1,Block 6, Lamar Park No. 2 ............................................... 995.93 L. H. & R. J. Beaman, Lot 1, Block 7, Lamar Park No. 2 ..................................... 968.06 Fred Heffington, Lot 28, Block 7, Lamar Park No. 2 ............................ ............. 1,001.25 W. F. Duffard, Lot 1, Block 10, Lamar Park No. 2 ........ ..................... ..............1,001.25 A. A. Burke, Lot 1, Block 11, Lamar Park No. 2 ............ ....... 0... ....... ...............1,182.61 Frank B. & Gladys Bush Coughlin, Lot 28, Block 11, Lamar Park No. 3 ......••••••••••••••••••1,182.02 Thomas F. Fitzgerald, Lot 1, Block 14, Lamar Park No. 3 ................. ......... ........ ..1,158.91 Gene C. Crane, Lot 28, Block 14, Lamar Park No. 4 ...................•••••••••••••••••••••••1,026.45 184 E. A. Williford, Lot 1, Block 15, Lamar Park No. 4 ....................................$ 955.00 J. D. Tolle, Lot 28, Block 15, Lamar Park No. 5 ...................................... 962.74 Wm. H. Bloch, Lot 28,'Block 18, Lamar Park No. 6 ..................................... 876.06 Betty L. Atkins, Lot 1, Block 19, Lamar Park No. 6 ................................... 874.97 Allen Wood, Lot 29, Block 19, Lamar Park No. 7 ....................................... 1,001.57 Geo. L. & Gussie MacLeod, Lot 11 Block 22, Lamar Park No. 7 944.11 Robert L. Hughes, Lot 33, Block 22, Lamar Park No. 8 ................................. 944.28 Robert A. Guttman, Lot 1, Block 23, Lamar Park No. 8 ..0 ....................00...0.... 952.89 0. W. Boggan, Lot 1, Block 24, Lamar Park No. 9 .......................0.............. 898.74 Leroy Shanks, Lot 23, Block 24, Lamar Park No. 9 ..................................... 898.74 M. H. Major, Lot 1, Block 24, Lamar Park No. 9 ....................................0.0 966.47 0. B. Roquemore, Jr., Lot 25, Block 25, Lamar Park No. 9 937.83 (h) That the City assume responsibility of the contractor's mechanic's lien on the homestead relative to the paving project, Agnes -Laredo Streets, as follows: David De Alcala, owner of Lot 7, Block 31, Bluff Portion of Central Wharf & Warehouse Addition, in the amount of $ 246.07; (i) Recommendation for expenditures relative to development of Laguna Park in the amount of $ 6,575, and recommendation for expenditures of $ 300 out of the Park Trust Fund which is earmarked for development of Linc- oln Park, for construction of a backstop in said park. ORDINANCE NO. 5366 AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE A CONTRACT V TH RAMSEY AND ATKINSON FOR CONSTRUCTION OF A CONCESSION BUILDING AT THE H. E. BUTT PARK, PER ALTERNATE BID PROPOSAL NO. 1; PROVIDING FOR PAYMENT IN THE AMOUNT OF $ 3,122.00 OUT OF CURRENT PARK AND RECREATION DEPARTMENT CAPITAL IMPROVEMENT FUNDS, PREVIOUSLY APPROPRIATED; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye The foregoing ordinance was passed by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye ORDINANCE N0. 5367 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. 2266 PASSED AND APPROVED ON THE 4TH DAY OF MAY, 1948, APPEARING OF RECORD IN VOLUME 16, PAGES 339 ET SEQ OF THE ORDINANCE AND RESOLUTION RECORDS, AND AS AMENDED BY ORDINANCE N0. 4846 ADOPTED ON THE 21ST DAY OF AUGUST, 1957, BY AMENDING THE ZONING MAP TO CHANGE THE ZONING OF THE NORTH OR NORTHEAST 40' OF LOT 12, BLOCK 9, L. R. MORGAN SUBDIVISION OF THE CITY OF CORPUS CHRISTI, TEXAS, FROM "R-1" SINGLE FAMILY DWELLING DISTRICT TO "B-1" NEIGHBORHOOD BUSINESS DISTRICK, 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 by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye The foregoing ordinance was passed by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye ORDINANCE NO. 5368 AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND DELIVER A CONTRACT FOR DEED BETWEEN THE CITY OF CORPUS CHRISTI AND ALTA VISTA CORPORATION WHEREBY THE SAID ALTA VISTA CORPORATION AGREES TO REPUR- CHASE CERTAIN LANDS DESCRIBED IN DEED TO THE CITY, DATED FEBRUARY 4. 1959, RECORDED IN VOL mE 84o, PAGE 219 OF THE DEED RECORDS OF NUECES COUNTY, TEXAS; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye The foregoing ordinance was passed by the following vote: Ellroy King James L. Barnard Mrs. Ray Airheart Joseph B. Dunn Patrick J. Dunne., R. A. Humble Gabe Lozano, Sr. Aye Aye Aye Aye Aye Aye Aye ORDINANCE NO. 5369 RECEIVING AND ACCEPTING THE CONSTRUCTION OF THE GOLLIHAR STORM SEWER UNIT NO. 7, PROJECT NO. 3,53-2-13) PERFORMED BY HELDENFELS BROTHERS, CONTRACTORS, UNDER THEIR CONTRACT WITH THE CITY DATED DECEMBER 232 1958, AS AUTHORIZED BY ORDINANCE NO. 5210; AUTHORIZING PAYMENT OF FINAL ESTIMATE NO. 4, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, DATED MAY 20,-1959, IN THE AMOUNT OF . $ 12,536.07 FROM FUNDS APPROPRIATED FRCM NO. 295 BOND CONSTRUCTION FUNDS FOR THE CONSTRUCTION CON- TRACT AND CONTINGENCIES; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye The foregoing ordinance was passed by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye JosephB. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye SECOND READING OF AN ORDINANCE: AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXE- CUTE A LEASE AGREEMENT WITH THE OSO-NATIONAL PONY LEAGUE, LEASING TO THE SAID OSO-NATIONAL PONY LEAGUE A SIX ACRE TRACT OF LAND IN SOUTH GUTH PARK FOR THE PURPOSE OF ESTABLISHING AND MAINTAINING A PUBLIC RECREATIONAL AREA, A COPY OF WHICH AGREEMENT 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: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr..._ Aye SECOND READING OF AN ORDINANCE: AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TEXAS, A USE PRIVILEGE CONTRACT WITH TOM LAWRENCE; LEASING TO HIM THE GOLF SHOP AND CAFE LOCATED IN SAID MUNICIPAL GOLF COURSE FOR A PERIOD OF THREE YEARS FOR AND IN CONSIDERATION OF THE CCMPENSATION TO THE CITY OF FIVE PER CENT (5%) OF ALL GROSS RECEIPTS DERIVED THEREFROM AND UNDER THE TERMS AND CONDITIONS OF SAID LEASE, A COPY OF WHICH LEASE 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: • " , 186 Ellroy King James L. Barnard Mrs. Ray Airheart Joseph B. Dunn Patrick J. Dunne R. A. Humble Gabe Lozano, Sr. Aye Aye Aye Aye Aye Aye Abstained ORDINANCE N0. 5370 AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, THE 'ORDER APPROVING THE GUARANTY OF COST AND SPECIFYING THE PROPORTIONATE SHARES OF THE TOTAL COST OF THE PROJECT TO BE BORNE BY THE UNITED STATES AND BY THE BRIDGE OWNER (FIRST REVISION) APPROVED BY THE SECRETARY OF THE ARMY ON 12 JANUARY, 1959"; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye The foregoing ordinance was passed by the following vote: Ellroy King James L. Barnard Mrs. Ray Airheart Joseph B. Dunn Patrick J. Dunne R. A. Humble Gabe Lozano, Sr. Aye Aye Aye Aye Aye Aye Aye ORDINANCE NO. 5371 AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE AN AGREEMENT WITH MESOG V. DONIGAN AND LUCY V. WELCH, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; AUTHORIZING AND DIRECTING THE CITY MANAGER TO DO THE ACTS AGREED TO BE DONE IN THE SAID CONTRACT AND EXECUTE THE INSTRUMENTS PROVIDED FOR, INCLUDING THE DEEDS, FOR AND ON BEHALF OF THE CITY; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye The foregoing ordinance was passed by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Bunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye Mayor King invited anyone in the audience with petitions or information for the Council on matters not scheduled on the agenda to come forward and be heard. Hayden Head, attorney, appeared in opposition to further expansion of Parkdale Plaza from 200,000 feet to 300,000 feet of building area, requesting that the Council inform them in advance when the matter is to come UP, so that these people who are opposed to the expansion can be present and present their case. Mr. Head fur- ther stated that a great many people in Corpus Christi are opposed to this expansion and that he believes it will be a very controversial subject affecting the community as a whole. Motion by Joe Dunn, seconded by Humble and passed that when a date is set for consideration of this matter, that two weeks' notice be given through the newspaper. Allen Marsden spoke in corroboration with the request of Hayden Head relative to the expansion of Parkdale Plaza, and the request to notify interested parties at least two weeks prior to the hearing. He was assured that when the matter is placed on the agenda, all interested parties will be heard. h Mrs. Rosa Gonzalezz presented the Council with a petition signed by property owners living in the 2800 block �f rGQre3nwood�� e loaskin that curbs, , gutters and sidewalks be installed along with street improvements. She further requested that the drainage situation be checked into. (See Petition x#14 in File). In Mayor King asked Mrs. Gonzalez if the people who had signed the petition were aware that they may have to pay for the improvements in question. Mrs. Gonzalez stated that all of the property owners who signed the pe- tition were aware of this obligation and were in favor. Mayor King stated that the matter be referred to the City Manager to explore and make recommendation. Eli Lipner appeared requesting a reduction in the setback line from 40' to 30' on Lots A, B, C, D, E, F, G, H, I, J, K and L, in Block 6, in Nanjean Park Subdivision. Mr. Lipner stated the lots have been recently zoned for business; that a national storage company is going to buy the land and erect a $ 100,000 storage building. Because of the time element in closing the deal with the storage company, Mr. Lipner did not want to file a re -plat as is normally done. City Attorney Singer stated that the filing of the re -plat was the most acceptable method, but with the approval of the Council, the filing of an agreement such as presented by the owner, would be acceptable. Motion by Humble, seconded by Joe Dunn and passed that the recommendation of the Zoning & Planning Commission to reduce the setback lines on the above described lots from 40' to 30' by the filing of an agree - went, approved by theCity Attorney as authorized by the Council, rather than a re -plat be approved. Mr. H. P. Hill, who is constructing the amusement park on Corpus Christi Beach, appeared and stated he is having trouble with the City Electrical Department and asked the Council for relief. He stated the electrical inspectors are requiring installation to conform with the housing code because there is no code for amusement parks; that the park does not need requirements set out in the code, and that the work is being delayed. Mr. Hill stated he has had the same equipment in operation at H. E. Butt Park all winter and that he is only trying to install the same equipment at Corpus Christi Beach. Motion by Barnard, seconded by Pat Dunne and passed that the City Manager Whitney make an investiga- tion on the morning of May 28, and that he be authorized to grant an exception if the investigation warrants. There being no further business to come before the Council, the meeting was adjourned. PRESENT: Mayor Ellroy King Commissioners: Dr. James L. Barnard Mrs. Ray Airheart Joseph B. Dunn Patrick J. Dunne R. A. Humble Gabe Lozano, Sr. REGULAR COUNCIL MEETING June 3, 1959 2:00 P. M. City Manager Herbert W. Whitney City Attorney I. M. Singer City Secretary T. Ray Kring Mayor Ellroy King called the meeting to order. The Invocation was given by Reverend Bill Warren of the Lexington Baptist Church. City Secretary T. Ray Kring called the roll of those in attendance. Motion by Barnard, seconded by Pat Dunne and passed that the minutes of the regular meeting of May 27, be approved. meeting. Mayor King announced the next item on the agenda, opening of bids, would be deferred until later in the Mayor King announced the Council would next hold the scheduled public hearings on 4 zoning matters. First was the application of A. D. Price, to re -zone property located at 1701 Lexington Street from "A-1" First Apartment House District to "B-1" Neighborhood Business District, being Lot 12, Block II, Citizens Addition. No one appeared to speak in favor or in opposition to the above application and Mayor King announced it would be temporarily deferred. Next was the application of C. G. Caballero to re -zone property, being Tract F. Mussett Tract, located on the southwest corner of Buford and 25th Street abutting 150 feet on 25th by 135 on Buford, from "A-2" Second Apartment House District to "L -I" Light Industrial District. R. W. Burr, Senior Planner, located the property on the map, pointed out the land uses in the area, and advised the Council that the recommendation of the Zoning and Planning Commission was to approve this application as a logical extension of the existing Light Industrial zoning in the area. Motion by Humble, seconded by Pat Dunne and passed that the hearing be closed and the application be approved in accordance with the recommendation of the Zoning & Planning Commission. Next on the agenda were the applications of Martin Leal and Richard Landsman and since there was no one present to speak in favor or in opposition to the applications, Mayor King announced they would be temporarily deferred until later in this meeting. Mayor King announced the Council would next hear the City Manager's reports. Motion by Barnard, seconded by Lozano and passed that the recommendations of the City Manager be ap- proved with regard to the following: (a) That the award of bid on 20 School Speed Control Signals, complete as specified, and 20 Signs, com- plete with mounting bolts, be made to Winko-Matic Signal Co., in the amount of $ 3,014.00. (See Bid Tabulation ji24 in File) ; (b) That the date of June 17, 1959, be set for public hearings on the following: (1) Petition sub - witted by Ted M. Anderson, attorney, in behalf of Frank D. Padia, for the closing of the roadway, being a 40 foot right of way extending between Lexington Boulevard and McArdle Street; (2) Petition submitted by Alston Terry, attorney in behalf of A. A. Williams, to close an alley in Block 54 of Beach Portion Addition to the City of Corpus Christi; (c) That City Manager Whitney be given leave of absence with pay to attend the Texas City Managers Association Convention in Fort Worth, Monday June 8, through Wednesday June 10, and that City Secretary T. Ray Kring be designated to act as City Manager during his absence from the City; (d) Thet the award of bid on 5 items of Mechanical Gate Valves be made to San Antonio Machine & Supply Co., in the amount of $ 6,596.01. (See Bid Tabulation #25 in File); (e) That the date of July 1, 1959, be set for public hearings on 4 zoning applications; (f) That plans and specifications be approved as prepared by Harrington and Cortelyou, for Unit VII, relative to paving for the Bridge over Tule Lake, including Navigation Boulevard, extending from the Swing Barge Bridge to the Lift Bridge, and paving. for the South Approach extending to Highway #44, and that he be authorized to advertise for bids June 8 and 15, receiving bids June 24, 1959• ORDINANCE NO. 5372 APPROPRIATING FROM NO. 209 STREET TRAFFIC CONTROL SYSTEM BOND IMPROVEMENT FUND THE SUM OF $ 7,014.00, OF WHICH $ 3,014.00 IS FOR THE PURCHASE OF EQUIPMENT AND $ 4,000.00 IS FOR THE COST OF INSTALLATION OF TWENTY (20) SCHOOL SPEED CONTROL SIGNS, PROJECT 4-53-15, SAID SPEED CONTROL SIGNS TO BE INSTALLED AT VARIOUS LOCATIONS THROUGHOUT THE CITY OF CORPUS CHRISTI; PROVIDING THAT INSTALLATION SHALL BE DONE WITH CITY FORCES; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye The foregoing ordinance was passed by the following vote: Ellroy King James L. Barnard Mrs. Ray Airheart Joseph B. Dunn Patrick J. Dunne R. A. Humble Gabe Lozano, Sr. Aye Aye Aye Aye Aye Aye Aye ORDINANCE NO. 5373 AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXERCISE, FOR AND ON BEHALF OF THE CITY, THE OPTION TO PURCHASE A TRACT OF LAND 25 FEET IN WIDTH ALONG THE SOUTHERN EDGE OF .ERSKINE PARK ADDITION IN ACCORD- ANCE WITH THE OPTION AGREEMENT OF FEBRUARY 5, 1959; AUTHORIZING AND DIRECTING THE CITY MANAGER TO DO SUCH ACTS AND EXECUTE SUCH INSTRUMENTS AS ARE NECESSARY TO COMPLETE SAID ACQUISITION OF SAID LAND; APPROPRIATING THE SUM OF $ 3,385.98 FOR THE PAYMENT OF TE:_'PURCHASE PRICE AND EXPENSES OF ACQUISITION OF SAID LAND OUT OF FUND NO. 295; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye The foregoing ordinance was passed by the following vote: Ellroy King James L. Barnard Mrs. Ray Airheart Joseph B. Dunn Patrick J. Dunne R. A. Humble Gabe Lozano, Sr. Aye Aye Aye Aye Aye Aye Aye ORDINANCE NO. 537+ 189 AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO ENTER INTO AN AGREEMENT WITH U. S. NAVAL AIR STATION OF CORPUS CHRISTI, TEXAS, WHEREBY EACH OF THE PARTIES AGREE TO FURNISH TO THE OTHER ASSISTANCE IN THE EVENT A MAJOR FIRE OCCURS ON THE PREMISES OF EITHER PARTY, A COPY OF WHICH AGREEMENT IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye The foregoing ordinance was passed by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye FIRST READING OF AN ORDINANCE: APPROVING A NEW RATE SCHEDULE FOR THE FURNISHING OF ELECTRICITY AND ELECTRIC SERVICE WITHIN THE CITY OF CORPUS CHRISTI. The foregoing ordinance was passed to its second reading by the following vote: Ellroy King James L. Barnard Mrs. Ray Airheart Joseph B. Dunn Patrick J. Dunne R. A. Humble Gabe Lozano, Sr. Aye Aye Aye Aye Aye Aye Aye RESOLUTION NO. 5375 MAKING FINDINGS REGARDING THE COST OF TREATED WATER FOR THE PERIOD OCTOBER 1, 1956, TO OCTOBER 1, 19610 AS PROVIDED IN THE CONTRACT BETWEEN REYNOLDS METALS COMPANY AND THE CITY OF CORPUS CHRISTI DATED OCTOBER 5, 1951; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye The foregoing resolution was passed by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye 190 ORDINANCE NO. 5376 EXPRESSING THE ATTITUDE OF THE CITY IN THE MATTER OF FINANCIAL ASSISTANCE TO THE LOWER NUECES RIVER WATER SUPPLY DISTRICT; AUTHORIZING THE CITY MANAGER TO FURNISH A STATEMENT THEREOF FOR THE USE OF THE TEXAS WATER DEVELOPMENT BOARD; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: El I oy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A.. Humble Aye Gabe Lozano, Sr. Aye The foregoing ordinance was passed by the following vote: Ellroy King James L. Barnard Mrs. Ray Airheart Joseph B. Dunn Patrick J. Dunne R. A. Humble Gabe Lozano, Sr. Aye Aye Aye Aye Aye Aye Aye ORDINANCE NO. 5377 AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON BEHALF (F THE CITY OF CORPUS CHRISTI TO EXECUTE RELEASE OF SPECIAL ASSESSMENT AS FOLLOWS: IN THE AMOUNT OF $ 72.20 AGAINST THAT CERTAIN PROPERTY V FRONTING 50 FEET ON THE WEST SIDE OF BALDWIN BLVD., DESCRIBED AS BEING LOT 5, BLOCK 5. WIN PARK, AN ADDITION TO THE CITY OF CORPUS CHRISTI, TEXAS, AND THE OWNER THEREOF, 0. H. MANNING: A COPY OF WHICH RELEASE IS ATTACHED HERETO AND MADE A PART HEREOF, AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye The foregoing ordinance was passed by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye Mayor King announced the opening of bids. Bids were opened and read on the Utility Channel Crossing for High Level Bridge, from the following: Goldston Co. Collins Construction Co. Heldenfels Brothers Brown & Root, Inc. George Consolidated, Inc. Motion by Barnard, seconded by Pat Dunne and passed that the foregoing bids be tabled for 48 hours as required by the City Charter, and referred to the City Manager for tabulation and recommendation. Motion by Pat Dunne, seconded by Humble and passed that the opening of bids relative to Westside Sewer Trunk Main Unit #II, be deferred until June 17. Mayor King announced the Council would next hear the three Public Hearing which were temporarily de- ferred earlier in the meeting. First was the application of A. D. Price, to rezone property located at 1701 Lexington Street from "A-1" First Apartment House District to "B-1" Neighborhood Business District, being Lot 12, Block II, Citizens Addition. R. W. Burr, Senior Planner, located the property on the map, pointed out the land uses in the area, and advised the Council that the recommendation of the Zoning & Planning Commission was to deny the application on the basis that the change would constitute spot zoning. Motion by Humble, seconded by Airheart and passed that the hearing be closed, and the application be denied in accordance with the recommendation of the Zoning & Planning Commission. 191 Next was the application of Martin Leal to re -zone property located at 2829 Greenwood Drive, from "R-1" One Family District to "B-1" Neighborhood Business District, being Lot 22, Block 4, El Rey Addition. R. W. Burr located the property on the map, pointed out the land uses in the area, and advised the Council that the recommendation of the Zoning & Planning Commission was that the application be denied on the basis that the change would constitute spot zoning. Motion by Airheart, seconded by Humble and passed that the hearing be closed and the application be denied in accordance with the recommendation of the Zoning & Planning Commission. Next was the application of Richard Landsman to rezone,property located on the easterly side of South Alameda Street between Robert Drive and Everhart Road from "B-1" Neighborhood Business District to "B-3" Secondary Business District, The Town & Country Shopping Center, being that certain 6.19 acre tract out of Lot 11, Section 1, Flour Bluff and Encinal Farm and Garden Tracts. R. W. Burr located the property on the map, pointed out the land uses in the area and advised the Council that the recommendation of the Zoning & Planning Commission was to approve the application as a Special Council Permit for two years, covering a "temporary commercial amusement enterprise" and subject to the follow- ing requirements: 1. Locating the Kiddie -park in the center off -set of the building; 2. The area being completely fenced; 3. Providing access or entrances to the area from the sidewalk only; 4. A two year period with possible renewal on reapplication. Motion by Humble, seconded by Barnard and passed that the hearing be closed and the Special Permit be granted in accordance with the recommendation of the Zoning & Planning Commission, but with the added require- ment that it not operate later than 9:00 P. M. Mayor King invited anyone in the audience with petitions or information for the Council on matters not scheduled on the agenda to come forward and be heard. Norman K. Bramson, representing the Parkdale Merchants Association, submitted a petition to the Coun- cil requesting that the 4000 and 4100 blocks of Gollihar south of Weber Road be opened and improved. Mr. Bramson stated that the City was to pave two blocks and a developer was to pave two blocks according to an agreement; that the developer has finished his part of the agreement but the City has not begun their improvement. He further stated that the previous Council was petitioned approximately 15 months ago but that nothing has been done. (See Petition #15 in File). City Manager Whitney was instructed to investigate and made a determination of what is holding up the project. Mrs. Cecilia Blankert, of 453 Eldon Drive, presented a petition to the Council in behalf of property owners, owning property which lies between the new Brookdale Addition and Eldon Drive, asking the City to buy the back part of their lots and build a swimming pool. Mrs. Blankert stated that these lots have lost their value because Jack Ryan's Brookdale Addition backs up to their lots and there is no street. (See Petition #16 in File). Mrs. Blankert was advised that the Council was concerned but were at a loss as to what could be done at the present time. The matter was taken under advisement. Motion by Barnard, seconded by Humble and passed that the meeting be recessed to discuss a matter on which some official action may be taken later. Mayor King reconvened the recessed meeting at 4:10 p.m., and called for a recommendation of the City Manager relative to air conditioning of the Memorial Coliseum. Motion by Airheart, seconded by Pat Dunne and passed, with Commissioner Joe Dunn voting nay, that the recommendation of City Manager Whitney be accepted and the award of bid on the air conditioning of Memorial Col- iseum be made to Price Construction Company on their base bid of $ 354,397-00 plus the addition of alternates 1, 41 & 5, providing charcoal filters, spare conduits from Central Power & Light vault to new equipment room, and painting all exposed ducts, pipe work, hangers, etc., making a total bid of $ 367,089.00. (See Bid Tabula- 192 tion #26 in File.) There being no further business to come before the Council, the meeting was adjourned. REGULAR COUNCIL MEETING June 10, 1959 2:00 P.M. PRESENT: Mayor Ellroy King Commissioners• Dr. James L. Barnard Acting City Manager T. Ray Kring Joseph B. Dunn Asst. City Attorney J. F. Park City Secretary T. Ray Kring Patrick J. Dunne R. A. Humble Gabe Lozano, Sr. Mayor Ellroy King called the meeting to order. The Invocation was given by Msgr. F. J. Kasper of Sts. Cyril do Methodius Church. City Secretary T. Ray Kring called the roll of those in attendance. Motion by Barnard, seconded by Pat Dunne and passed that the absence of Commissioner Mrs. Ray Airheart be excused, due to absence from the City. Motion by Barnard, seconded by Pat Dunne and passed that the minutes of the regular Council meeting of June 3 be approved. Formal presentation of checks were made to the City and Lower Nueces River Water Supply District by, officials of Reynolds Metals Company, representing the settlement of a long pending controversial cost of water to be charged the company. Officials participating in the presentation were Charles Galland, Water District Engineer, who accepted a check in the amount of $55,99$•38 from Bruce Teas, Assistant Manager of Reynolds Sherwin Plant; and H. M. Fugate, Plant Controller, presented Mayor King with a check in the amount of $99,309.85. Mayor King announced the opening of bids. Bids were opened and read on Fire Station #10, to be located at Horne Road and Greenwood Drive, from the following: Braselton Construction Co. E. E. Harrison Construction Co.. J. W. Bermingham Construction Co. Price Construction Co. Motion by Humble, seconded by Joe B. Dunn and passed that the foregoing bids be tabled for 48 hours as required by the City Charter, and referred to the City Manager for tabulation and recommendation. following: Bids were opened and read on the purchase of 250 cylinders Acetylene and 400 Cylinders Oxygen, from the Air Reduction Sales Company Big Three Welding Equipment Company Crane Welding Supply Company Motion by Barnard, seconded by Lozano and passed that the foregoing bids be tabled for 48 hours as,re- quired by the City Charter and referred to the City Manager for tabulation and recommendation. Bids were opened and read on lease of 17+.5 acres of land at Cliff Maus Airport, for farming and tural purposes, from the following: Willie Hroch Joe McNair Bernard Zarosky Motion by Pat Dunne, seconded by Joe B. Dunn and passed that the foregoing bids be tabled for 48 hours as required by City Charter, and referred to the City Manager for tabulation and recommendation. Bids were opened and read on lease of 10 acres of farm land at Cliff Maus Airport from the following: Bernard Zarosky Motion by Pat Dunne, seconded by Humble and passed that the foregoing bid be tabled for 48 hours as re- quired by the City Charter, and referred to the City Manager for tabulation and recommendation. Bids were opened and read on lease of 313 acres of farm land at Cuddihy Field from the following: 193 Willie Hroch C. R. Lehman Bernard Zarosky Adolph A. Marek Motion by Pat Dunne, seconded by Barnard and passed that the foregoing bids be tabled for 48 hours as required by the City Charter, and referred to the City Manager for tabulation and recommendation. Mayor King announced the Council would next hold the scheduled public hearings on 3 zoning matters. First was the application of W. D. Miles, W. J. Shelton & J. H. Mann, to re -zone the south 12.17 feet of Lot 9, all of Lot 10, east 35 feet of Lot 11, and south 12.17 feet of the east 35 feet of Lot 12, Block 8, Bayview Addition, and south 25.86 feet of Lot 7, all of Lot 8, north 39.56 feet of Lot 9, east 35 feet of the south 25.86 feet of Lot 14, north 39.56 feet of the east 35 feet of Lot 12, Block 8, Bayview Addition, being generally that pro- perty on the northwest corner of Morgan and 3rd Streets, fronting 191.7 feet, more or less, on 3rd Street, from "A-2 Second Apartment House District to "B-3" Secondary Business District. R. W. Burr, Senior Planner, located the property on the map, pointed out the land uses in the area and advised the Council that the recommendation of the Zoning & Planning Commission was that it be denied on the basis that there is sufficient business zoning in the area, pointing out that there are 200 or 300 feet of vacant business buildings within two blocks of the applicants' property. Attorney William H. Bloch, representing the applicants, stated that the Zoning & Planning Commission's recommendation was not sound and tenable. He stated that the heirs of Dr. and Mrs. George T. O'Byrne were suffering a tremendous loss in the value of the property, due to the present zoning; that they have been unsuccessful in rent- ing the property as a doctor's office, and that it is not suitable for residential property. He further stated that the re -zoning of this property would only be a continuity of "B-3" Secondary Business District in the area. Also, that they would be agreeable to restricting the use to Insurance and Mortgage Loan business. Mr. Roy Box spoke in favor of the change. A. H. Hurst, representing Cecilia Bolin, owner of an apartment house adjacent to the applicants' pro- perty, said the change would permit 165 different types of businesses which might be undesirable and which would devaluate surrounding property. He stated that in his opinion this would constitute spot zoning. Mr. Burtt Potter, representing Mrs. Les Moore, 714 Morgan, opposed the change because he felt there was no need for this classification; that every time a new business is opened in the urban areas, a vacancy is created down town. He pointed out that his client had not opposed the zoning change for Andy's Pharmacy because there is a single family dwelling between the drug store and her property, serving as a buffer. Mr. Potter stated that, as e whole, the change would devaluate his client's property. Fred C. Petty, son-in-law of Mrs. Bolin, urged a denial of the application. Motion by Joe B. Dunn, seconded by Lozano and passed that the hearing be closed and the matter be taken under advisement. Next was the application of Morris Liedeker and others to re -zone lots B, 4, 5, 7, 8, Block 5, all of Block 4, and Lots 11, 12, 13, 14, 15, and 16, Block 2, Roosevelt Place, being generally that property on the east side of South Port between Segrest and a point 107 feet north of Baldwin, from "B-3" Secondary Business District to "L -I" Light Industrial District, and the application of Osage Oil Company and others to re -zone property being that property extending back 100 feet in depth from Port Avenue, between Morgan Street and Segrest Street, and Lot A, Block 5, Roosevelt Place, from "B-3" Secondary Business District to "L -I" Light Industrial District. Mr. Burr located the property on the map, pointed out the land uses in the area, and advised the Council that the recommendation of the Zoning & Planning Commission that the two foregoing applications had been considered as a unit and they be approved as a logical extension of existing Light Industrial zoning in the area. Mr. Harry Hoag appeared, representing the applicants. He described conditions in the area, stating that with the tanks and other equipment handling oil for drilling mud, there already was an industrial operation at these locations. No one appeared in opposition to the two foregoing applications. 194 Motion by Joe B. Dunn, seconded by Humble and passed that the hearing be closed and that the applications be approved in accordance with the recommendation of the Zoning & Planning Commission. Mayor King asked if there were anyone in the audience wishing to be heard at this time to come forward. Ted Anderson, attorney for I. B. Magee Building Company, asked the Council for a decision on his request that 5,000 feet, instead of 61000, be set as the minimum lot size in the area proposed to be developed by I. B. Magee, and described as being between Port Avenue as extended by Ayers and Chapman Ranch Road, for the east boundary and Old Brownsville Road, as extended by Morgan to Port Avenue, for the west and north boundaries, and extending to t he five mile extension of the City Limits line for the southerly boundary. Motion by Humble, seconded by Joe B. Dunn and passed that the matter be held in abeyance until a recom- mendation is received from the Zoning and Planning Commission. Mayor King announced the Council would next hear the City Manager's Reports. Motion by Barnard, seconded by Humble and passed that the recommendations of the Acting City Manager be approved with regard to the following: (a) That the work of T. H. Lee for construction of the Airline Road Storm Sewer project No. 3-53-5.1, Ocean Drive to Belmeade, be accepted and final payment be made in the amount of $10,926.85; (b) Request for Council authority to receive bids June 24, 1959, at the regular Council meeting, for lease of approximately 32 acres of farm land in South Guth Park for the period beginning September 1, 1959, and end- ing August 31, 1960; (c) Request of Jack Ryan, Trustee for the owners in South Shore Estates for permission to construct a. wall footing under the sidewalk easement along the Alameda Street side of their Subdi-tision from the west line of South Shore Estates to the east line of South Shore Estates, in order to comply with the request of the City Zoning & Planning Commission and Federal Housing Administration to erect a fence at this location, with the stipulation tha this construction will not in any way interfere with drainage; (d) Request of the Park and Recreation Board that a portion of H. E. Butt Park north of Shely Street be designated as the side for a proposed Tennis Center. The Corpus Christi Tennis Association contemplates the construction of 12 tennis courts and a tennis locker building on the site; (e) That a Contract of Sale for purchase of right of way for railroad prpperty across a residential tract located at 1233 Dunn Lane, containing .024 acres, the legal title being in the name of Miss Katie Dunn, with equitable title held under a Contract for Deed by F. E. and Minna Selcer, be executed at a total purchase price of $1,400.00, and to include title expenses for this transaction; (f) That the firm of Reagan & McCaughan be employed to prepare plans and specifications for the con- struction of Unit #4 of the Westside Sewer Trunk Mains, and that the usual form of contract be prepared for execut ORDINANCE NO. 5378 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A CONTRACT WITH PRICE CONSTRUCTION CCMPANY FOR INSTALLATION OF AN AIR CONDITIONING SYSTEM IN MEMORIAL COLISEUM; PROVIDING FUNDS IN TOTAL AMOUNT OF $367,089.00 BY APPROPRIATING $300,000.00 FROM UNAPPROPRIATED BALANCE OF THE GENERAL FUND, TO BE REIMBURSED UPON SALE OF $300,000.00 COLISEUM AIR CONDITIONING BONDS VOTED JANUARY 17, 1959, AND $67,089.00 FRcm GENERAL FUND EMERGENCY RESERVE, PREVIOUSLY APPROPRIATED; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Absent Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye The foregoing ordinance was passed by the following vote: Ellroy King ,dye James L. Barnard Aye Mrs. Ray Airheart Absent Joseph B. Dunn Are Patrick J. Dunne Aye R. A. Humble Nay Gabe Lozano, Sr. Aye ORDINANCE NO. 5379 AUTHORIZING AND DIRECTING THE CITY MANAGER OF THE CITY OF CORPUS CHRISTI, FOR AND ON BEHALF OF MEMORIAL HOSPITAL, A JOINT INSTRUMENTALITY OF THE CITY OF CORPUS CHRISTI, TEXAS, AND NUECES COUNTY, TO ENTER INTO AN AGREEMENT WITH THE STATE DEPARMYUM OF PUBLIC WELFARE RELATIVE TO OLD AGE AND -SURVIVORS INSURANCE BENEFITS UNDER THE PROVISIONS OF APPLICABLE STATE AND FEDERAL LAWS; AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE ALL NECESSARY AGREEMENTS AND INSTRUMENTS FOR AND ON BEHALF OF MEMORIAL HOSPITAL, A JOINT INSTRUMENTALITY OF THE CITY OF CORPUS CHRISTI, TEXAS, AND NUECES COUNTY; DIRECTING THE DIRECTOR OF FINANCE TO MAKE ASSESSMENTS, COLLECTIONS, AND REPORTS; AND ORDERING THE ALLOCATION AND SETTING ASIDE OF SUFFICIENT MONEY FRCM AVAILABLE FUNDS TO CARRY OUT THE PROVISIONS OF SAID LAWS, SUCH MONEY TO BE SET ASIDE AND MAINTAINED IN THE MEMORIAL HOSPITAL DEPOSITORY AND TO BE KNOWN AS THE MEMORIAL HOSPITAL SOCIAL SECURITY FUND; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Absent Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye The foregoing ordinance was passed by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Absent Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye ORDINANCE NO. 5360 RECEIVING AND ACCEPTING THE WORK OF CONSTRUCTION OF THE AIRLINE ROAD STORM SEWER,PROJECT 3-53-5.1, PERFORMED BY T. H. LEE, CONTRACTORS, UNDER THEIR CONTRACT WITH THE CITY DATED FEBRUARY 10, 1959, AS AUTHORIZED BY ORDINANCE NO. 5260; AUTHORIZING PAYMENT OF FINAL ESTIMATE NO. 4, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, DATED MAY 30, 1959) IN THE AMOUNT OF $10,926.85, WITH PAYMENT FROM NO. 295 STORM SEWER BOND CONSTRUCTION FUNDS, PREVIOUSLY APPROPRIATED; AND DE- CLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Absent Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye The foregoing ordinance was passed by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Absent Joseph B. Dunn Aye Patrick J. Dunne Aye R . A. Humble Aye Gabe Lozano, Sr. Aye ORDI=CE NO. 5381 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 FRCM TIME TO TIME AND PARTICULARLY AS AMENDED BY ORDINANCE NO. 2266 PASSED AND APPROVED ON THE 4TH DAY OF MAY, 1948, APPEARING OF RECORD IN VOLuKE 16, PAGES 339 ET SEQ OF THE ORDINANCE AND RESOLUTION RECORDS, AND AS AMENDED BY ORDINANCE NO. 4846 ADOPTED ON THE 21ST DAY OF AUGUST, 1957, APPEARING OF RECORD IN VOLUME 26, PAGES 385 ET SEQ OF THE ORDINANCE AND RESOLUTION RECORDS, BY AMENDING THE ZONING MAP BY CHAMGING THE ZONING OF TRACT F, MUSSETT TRACT, LOCATED ON THE SOUTH- WEST CORNER OF BUFORD AND 25TH STREET, BEING A RECTANGULAR TRACT OF LAND ABUTTING 150 FEET ON 25TH STREET AND ABUTTING 135 FEET ON BUFORD STREET, FROM A-2 SECOND APARTMENT HOUSE DISTRICT TO "L-1" LIGHT INDUSTRIAL 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 by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Absent Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye The foregoing ordinance was passed by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Absent Joseph B. Dunn Aye Patrick J. Dunne Aye nano, or. 196 ORDINANCE N0. 5382 APPROPRIATING $5,366.1+0 FRAM NO. 209 STREET TRAFFIC CONTROL SYSTEM BOND IMPROVEMENT FUND FOR THE INSTALLATION OF A SEMI ACTUATED TRAFFIC SIGNAL AT THE STAPLES STREET - CARMEL PARKWAY AND NORTH DRIVEWAY OF PARKDALE PLAZA AND THE INSTALLATION OF A SEMI -ACTUATED TRAFFIC SIGNAL AT THE INTER- SECTION OF KOSTORYZ ROAD AND LEXINGTON BOULEVARD; PROVIDING THAT SUCH INSTALLATION SHALL BE DONE BY CITY FORCES; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Ellroy King James L. Barnard Mrs. Ray Airheart Joseph B. Dunn Patrick J. Dunne R. A. Humble Gabe Lozano, Sr. The foregoing ordinance was passed by the following vote: Ellroy King James L. Barnard Mrs. Ray Airheart Joseph B. Dunn Patrick J. Dunne R. A. Humble Gabe Lozano, Sr. ORDINANCE NO. 5383 Aye Aye Absent Aye Aye Aye Aye Aye Aye Absent Aye Aye Aye Aye AUTHORIZIN9 AND DIRECTINQ THE CITY MANAGER FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE RELEASE OF SPECIAL ASSESSMENT AS FOLLOWS: IN THE AMOUNT OF $492.85 AGAINST THAT CERTAIN PROPERTY FRONTING 70.24 FEET ON THE NORTHWEST SIDE OF KOSTORYZ RQAD, DESCRIBED AS BEING S 70.24 FEET OF LOT 4, BLOCK 2, SOUTHWOOD ADDITION, AN ADDITION TO THE CITY OF CORPUS CHRISTI, TEXAS, AND THE OWNER THEREOF, R. R. HOLEMAN: A COPY OF WHICH RELEASE IS ATTACHED HERETO AND MADE A PART HEREOF, AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Absent Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye The foregoing ordinance was passed by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Absent Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye ORDINANCE N0. 5384 AMENDING ORDINANCE NO. 5373, PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI ON JUNE 3, 1959, ENTITLED: "AUTHORIZING AND DIRECTING THE CITY MANAGER TO DO SUCH ACTS AND EXECUTE SUCH INSTRUMENTS AS ARE NECESSARY TO COMPLETE SAID ACQUISITION OF SAID LAND; APPROPRIATING THE SUM OF $3,385.98 FOR THE PANT OF THE PURCHASE PRICE AND EXPENSE OF ACQUISITION OF SAID LAND OUT OF FUND NO. 295"; BY AMENDING THE PURCHASE PRICE TO READ $3,717.99; APPROPRIATING THE SUM OF $457.01 OUT OF FUND NO. 295 OF WHICH $332.01 IS FOR ADDITIONAL PURCHASE PRICE AND $125.00 IS FOR TITLE EXPENSES; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: R1 oy King James L. Barnard Mrs. Ray Airheart Joseph B. Dunn Patrick J. Dunne R. A. Humble Gabe Lozano, Sr. The foregoing ordinance was passed by the following vote: Ellroy King James L. Barnard Mrs. Ray Airheart Joseph B. Dunn Patrick J. Dunne R. A. Humble Gabe Lozano, Sr. Aye Aye Absent Aye Aye Aye Aye Aye Aye Absent Aye Aye Aye Aye vote: 197 ORDINANCE NO. 5385 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE AN AGREEMENT TO ANNEX 31.644 ACRES OF LAND OUT OF LOT THREE (3) BYRON WILLIS SUB- DIVISION, NUECES COUNTY, TEXAS , WITH MAGEE DEVELOPMENT CCMPANY. The foregoing ordinance was read for the third time and passed finally by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Absent Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye ORDINANCE NO. 5386 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI AS AGENT FOR AND ON BEHALF OF GOVERNMENTAL BODIES AND RAILROAD CCMPANIES PARTICIPATING IN THE BASCULE BRIDGE RELOCATION PROJECT, TO EXECUTE A CONTRACT WITH THE TEXAS & NEW ORLEANS RAILROAD COMPANY TO PURCHASE CERTAIN RAILROAD RAILS, TIES, AND OTHER MISCELLANEOUS EQUIPMENT; APPROPRIATING $205,905.95 OUT OF BRIDGE REMOVAL AND RELOCATION BOND FUND 230, PROJECT NO. 13-55-8; AND DECLAR- ING AN EMERGENCY. The Charter rule was suspended by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Absent Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye The foregoing ordinance was passed by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Absent Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye ORDINANCE NO. 5387 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A CHANGE ORDER AUTHORIZING AND DIRECTING THE CONTRACTOR TO STABILIZE THE SOILS AT THE NEW MUNICIPAL AIRPORT BY THE USE OF LIME; APPROPRIATING THE SUM OF $26,113.32 FROM AIRPORT BOND FUND NO. 245 TO COVER THE COST OF SAID CHANGE ORDER; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Absent Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye The foregoing ordinance was passed by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Absent Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye SECOND READING OF AN ORDINANCE: APPROVING A NEW RATE SCHEDULE FOR THE FURNISHING OF ELECTRICITY AND ELECTRIC SERVICE WITHIN THE CITY OF CORPUS CHRISTI. The foregoing ordinance was read for the second time and passed to its third reading by the following Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Absent Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye Mayor King invited anyone in the audience with petitions or information for the Council on matters not scheduled on the agenda to come forward and be heard. Hayden Head, representing a new group, known as the Corpus Christi Business Area Stabilization Committee presented a petition signed by 35 business men and members of the organization, petitioning the City Council to 198 employ a qualified firm or organization to conduct an impartial survey of Corpus Christi's present and future needs for business zoning; the report and recommendations thus obtained from such survey to be used by the City Council to establish a long-range policy for business zoning within the City; that pending such survey and report, the City Council take no action which would alter existing contracts with the City which protest orderly business development. (See Petition #17 in File). Mayor King assured Mr. Head that the matter would be given consideration, but that an investigation have to be made as to who is available for such a survey and the cost involved. C. B. Diaz, who operates a moving company at 2+03 Agnes Street, requested that he be allowed to build his own sidewalk, curb and gutters, in connection with the Agnes -Laredo Street Improvement program. He stated that he could save approximately $100.00 or more by doing the work himself, and that he could not pay the $331.00 assessed him for curbs and gutters and sidewalk. He was advised that allowing him to construct his own sidewalk would set a precedent for other similar requests, and would not be feasible; that he would be permitted to pay the assessment in five installments over a period of four years. There being no further business to come before the Council, the meeting was adjourned. I, Ellroy King, Mayor of the City of Corpus Christi, Texas, certify that the foregoing minutes, same being for the period of April 8, 1959, through June 10, 1959, inclusive, and having been previously approved by Council action, are by me hereby approved. PRESENT: Mayor Ellroy King Commissioners: Dr. James L. Barnard Joseph B. Dunn Patrick J. Dunne R. A. Humble Gabe Lozano, Sr. ELLROY City of REGULAR COUNCIL MEETING June 17, 1959 2:00 P.M. Christ#) Texas City Manager Herbert W. Whitney City Attorney I. M. Singer City Secretary T. Ray Kring N Mayor Ellroy King called the meeting to order. The Invocation was given by Mr. John W. Franklin, Minister of the Windsor Park Church of Christ. City Secretary T. Ray Kring called the roll of those in attendance. Motion by Pat Dunne, seconded by Barnard and passed that the absence of Commissioner Mrs. Ray Airheart be excused due to absence from the city. Motion by Barnard, seconded by Pat Dunne and passed that the minutes of the regular Council meeting of June 10 be approved. Mayor King next announced that the Council would take up a matter not on the agenda: that of appoint- ments to the following advisory Boards: Memorial Hospital Board: E. E. Harrison, re -appointment; Building Code of Appeals: John W. Phillips, re -appointment; Civil Service Board: Wn. P. Harrington, re -appointment; Joint Airport Zoning Board: Hayden Head, re -appointment, and Fred W. Heldenfels, III; Traffic Safety Advisory Board: James M. Wilson, re -appointment, Dr. Joe E. Gardner, and Robert Chapman; Airport and Industrial Board: Hayden Head, re -appointment, Homer Innis, Chairman, W. S. Fitzpatrick, re -appointment, Wms. C. Cunningham, and George S. Hawn. Motion by Humble, seconded by Joseph B. Dunn and passed, that the foregoing appointments be approved. Mayor King next announced the opening of bids. icyty Bids were opened and read on Westside Sewer Trunk Main, Unit #2, from the following: T. H. Lee Heldenfels Brothers Brown & Root, Inc. Bur -Tex Constructors George Consolidated Motion by Barnard, seconded by Pat Dunne and passed that the foregoing bids be tabled for 48 hours, as required by the City Charter, and referred to the City Manager for tabulation and recommendation. Mayor King announced that next on the agenda was the pending item concerning the zoning application of W. D. Miles, W. J. Shelton and J. H. Mann to re -zone the south 12.17 feet of Lot 9, all of Lot 10, east 35 feet of Lot 11 and south 12.17 feet of the east 35 feet of Lot 12, Block 8, Bayview Addition, and south 25.86 feet of Lot 7, all of Lot 8, north 39.56 feet of Lot 9, east 35 feet of the south 25.86 feet of Lot 14, north 39.56 feet of the east 35 feet of Lot 12, Block 81 Bayview Addition, being generally that property on the northwest corner of Morgan and 3rd Streets, fronting 191.7 feet, more or less, on 3rd Street, from "A-2" Second Apartment House District, to "B-3" Secondary Business District. Roy Box suggested that the property be zoned for professional offices. Motion by Pat Dunne, seconded by Barnard and passed that the subject property be re -zoned from "A-2" Second Apartment House District to "B-3" Secondary Business District, subject to use being limited to business and II professional offices. of streets. Mayor King announced that the Council would next hold the public hearings on 3 applications for closing Mr. James Martin, applicant, appeared to speak in favor of his request for closing of a portion of Cald- well Street, same being the dead end of said Street 50.48' in width and 78' in length, and also being the east end of said street on the West side of Ben Garza Park. Mr. G. Santos also spoke in favor of the closing. Commissioner Lozano explained in Spanish, for the benefit of the Spanish-speaking citizens present, that this was not a closing of the entire street. Motion by Joseph B. Dunn, seconded by Pat Dunne and passed that this hearing be closed, and that the foregoing application be taken under advisement. Next was an application to close the alley in Block 54, of Beach Portion Addition, extending from Fitz- gerald to Palo Alto Streets. Mr. Alston Terry, attorney, spoke for A. A. Williams of Waco, Texas, owner of the entire block, and on which it is proposed to construct a Motor Motel costing approximately $1,500„000. It was pointed out to Mr. Terry that there were some utility lines in the alley and it would cost $1,155.77 to relocate them. Also, it was pointed out that it had been customary for the beneficiary to pay some consideration for the property gained, usually based on somewhere between the fair market value and the taxable value. Mr. Terry indicated his client would be agreeable but hoped the increased taxable value by the improvement would be taken into account in arriving at the figure. Motion by Barnard, seconded by Pat Dunne and passed that this hearing be closed, and that the foregoing application be taken under advisement. Estates. Next was the application to close the roadway between Lexington Boulevard and McArdle Street ii Woodlawn Mr. Ted Anderson, attorney representing Frank Padia, the owner, outlined the reasons for the application and stated they would be willing to amend their application to "one-half of the roadway” in order to preserve the utility easement that exists. Motion by Barnard, seconded by Pat Dunne and passed that this hearing be closed, and that the roadway between Lexington Boulevard and McArdle Street in Woodlawn Estates be closed, subject to such closing not inter- fering with the utility lines in the roadway. Mayor King next announced that the Council would deviate from the agenda and proceed to the Houston Natural Gas Company Ordinance. 200 Mr. Allen Wood, attorney, speaking for Houston Natural Gas Company, presented a supplementary letter to a letter of June 8, concerning the proposed election for July 11, 1959• Mr. Wood stated that Mr. Joe Wolff, Vice -President, Houston Natural Gas Company, would be present at the meeting later, and suggested the matter be tabled until later in the meeting. Mayor King announced the Council would next hear the City Manager's reports. Motion by Humble, seconded by Pat Dunne, and passed that the City Manager's recommendations be approved with regard to the following matters: (a) That the award of contract for construction of Fire Station No. 10, Horne Road and Greenwood Drive, be made to Braselton Construction Company, in the amount of $74,877.00, and that $3,723.00 be appropriated for con- tingencies, for a total of $78,600.00; (b) That 0.254 acres of land for railroad right of way be purchased from E. C. Harris, Shirley Harris, and Katie Dunn, for a purchase price of $3,000.00; (c) That $1,136.00 be appropriated from the Park Trust Fund for grading Lincoln Park; (d) That the award of bid be made to Air Reduction Sales Company for 250, more or less, Large Cylinders Commercial Acetylene and 400, more or less, Large Cylinders Commercial Oxygen, for a total of $2,808.88; (e) That lease of 174.5 acres of land at Cliff Maus Airport be awarded to Bernard Zarosky for farming purposes. (See Bid Tabulation #26 in File); (f) That lease of 10 acres of land at Cliff Maus Airport be awarded to Bernard Zarosky for farming pur- poses. (See Bid Tabulation #27 in File); (g) That lease of 313 acres of farm land at Cuddihy Field be awarded to Adolph Marek on a two year basis. (See Bid Tabulation #28 in File); (h) That July 1, 1959, be set for date of a public hearing on the request of Del Starr Realty Co., Inc., to change the name of Pogue Street in Schanen Estates, Unit I, to Travis Avenue; and (i) That the City Manager be authorized to advertise forbids to be received July 1st on one Chemical Feed Machine and Slaker. Mayor King announced that next on the agenda was the reading of Ordinances. Mr. Joh Bagwell, 209 Shawnee Street, protested any increase in the rate schedule for Central Power & Light Company, on the basis of increases in taxes and other utility rates, and stated that such an increase would be detrimental to the welfare of the community. Motion by Humble, seconded by Pat Dunne, and passed that the meeting be recessed for further discussion of a matter requiring Council action. Mayor King reconvened the recessed meeting at 4:30 P.M., for reading of ordinances. ORDINANCE NO. 5388 APPROVING A NEW RATE SCHEDULE FOR THE FURNISHING OF ELECTRICITY AND ELECTRIC SERVICE WITHIN THE CITY OF CORPUS CHRISTI. The foregoing ordinance was read for the third time and passed finally by the following vote: Ellroy King James L. Barnard Mrs. Ray Airheart Joseph B. Dunn Patrick J. Dunne R. A. Humble Gabe Lozano, Sr. Aye Aye Absent Aye Aye Aye Aye ORDINANCE NO. 5389 AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE RELEASE OF SPECIAL ASSESSMENTS AS FOLLOWS: (1) IN THE AMOUNT OF $332.26 AGAINST THAT CERTAIN PROPERTY FRONTING 52 FEET ON THE NORTH SIDE OF LOUISIANA STREET, DESCRIBED AS BEING LOT 71 BLOCK 41, DEL MAR ADDITION, AND THE OWNER THEREOF MARY HOWELL; (2) IN THE AMOUNT OF $1,027.53 AGAINST THAT CERTAIN PROPERTY FRONTING 120 FEET ON THE NORTH SIDE OF UP RIVER ROAD, DESCRIBED AS BEING LOT 4 BLOCK 1 BARTHLOME'S ACRE TRACTS, AND THE OWNER THEREOF: L. A. FELDER: (3) IN THE AMOUNT OF $444.97 AGAINST. THAT CERTAIN PROPERTY FRONTING 110 FEET ON THE SOUTHEAST SIDE OF KOSTORYZ ROAD, DESCRIBED AS BEING LOT 1, BLOCK 4, DELLWOOD ADDITION #2, AN ADDITION TO THE CITY OF CORPUS CHRISTI, TEXAS, AND THE OWNER THEREOF: WALTER BAAS AND IRENE BAAS: A COPY OF WHICH RELEASES ARE ATTACHED HERETO AND MADE A PART HEREOF, AND DECLARING AN RORGENCY. The Charter rule was suspended by the following vote: '201 Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Absent Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye The foregoing ordinance was passed by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Absent Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye ORDINANCE NO. 5390 AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE RELEASE OF SPECIAL ASSESSMENT AS FOLLOWS: IN THE AMOUNT OF $1,308.29 AGAINST THAT CERTAIN PROPER'T'Y FRONTING 146.80 FEET ON THE SOUTH SIDE OF UP RIVER ROAD, DESCRIBED AS BEING 32 ACRES OUT OF PETERSON TRACT, AN ADDITION TO THE CITY OF CORPUS CHRISTI, TEXAS, AND THE OWNER THEREOF, R. MORGAN: A COPY OF WHICH RELEASE IS ATTACHED HERETO AND MADE A PART HEREOF, AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Absent Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye The foregoing ordinance was passed by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Absent Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye ORDINANCE NO. 5391 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A CONTRACT WITH BRASELTON CONSTRUCTION CWANY FOR CONSTRUCTION OF FIRE STATION NO. 10, HORNE ROAD AT GREENWOOD DRIVE, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, PROJECT NO. 5-53-12; APPROPRIATING THE SUM OF $78,600.00 FROM NO. 212 FIRE STATION BOND CONSTRUCTION FUND OF WHICH AMOUNT $74,877.00 IS FOR THE CONSTRUCTION CONTRACT AND $3,723.00 IS FOR CONTINGENCIES: AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Absent Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye The foregoing ordinance was passed by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Absent Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye ORDINANCE NO. 5392 SETTING UP, CREATING AND DIVIDING THE CITY OF CORPUS CHRISTI, TEXAS, INTO THIRTY-SIX (36) WARDS; DESCRIBING SAID WARDS; REPEALING ALL ORDINANCES AND PART OF ORDINANCES IN CONFLICT HEREWITH; AND-DECIARING AN EMERGENCY. The Charter rule was suspended by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Absent Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye The foregoing ordinance was passed by the following vote: 202 Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Absent Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye ORDINANCE NO. 5393 DIVIDING THE CITY OF CORPUS CHRISTI, TEXAS, INTO THIRTY-SIX (36) ELECTION PRECINCTS FOR AND IN WHICH ALL MUNICIPAL ELECTIONS SHALL HEREAFTER BE HELD IN AND FOR SAID CITY AND SAME SHALL BE KNOWN AS ELECTION PRECINCTS NUMBERS ONE (1), TWO (2), THREE (3)2 FOUR (4), FIVE (5), SIX (6), SEVEN (7), EIGHT (8), NINE (9), TEN (10), ELEVEN (11), TWELVE (12), THIRTEEN (13)0 FOURTEEN (14), FIFTEEN (15), SIXTEEN (16), SEVENTEEN (17), EIGHTEEN (18), NINETEEN (19), TWENTY (20), TWENTY-ONE (21), TWENTY-TWO (22), TWENTY-THREE (23), TWENTY-FOUR (24), TWENTY-FIVE (25), TWENTY-SIX (26), TWENTY- SEVEN (27), TWENTY-EIGHT (28), TWENTY-NINE,110), THIRTY (30), THIRTY-ONE (31), THIRTH-TWO (32), THIRTY-THREE (33), THIRTY-FOUR (34), THIRTY-FIVE (35), THIRTY-SIX (36); REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. R y Airheart Absent Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye The foregoing ordinance was passed by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Absent Joseph, -B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye ORDINANCE NO. 5394 ORDERING AN ELECTION TO BE HELD ON THE 11TH DAY OF JULY, 1959, AT WHICH ELECTION THERE SHALL BE SUBMITTED TO THE QUALIFIED VOTERS OF THE CITY OF CORPUS CHRISTI THE QUESTION OF WHETHER OR NOT THE CITY COUNCIL SHALL ENACT AN ORDINANCE GRANTING AN EXTENSION OF THE PRESENT FRANCHISE OF HOUSTON NATURAL GAS CORPORATION FOR A TERM OF.THIRTY (30) YEARS FROM AND AFTER THE EFFECTIVE DATE THEREOF FOLLOWING FINAL PASSAGE OF SUCH EXTENSION ORDINANCE BY THE CITY COUNCIL, SAID ORDINANCE GRANTING SUCH EXTENSION BEING SET OUT IN THIS ORDINANCE AND MADE A PART HEREOF, AND DELETING CERTAIN SECTIONS OF SAID FRANCHISE; DESIGNATING THE PLACES FOR HOLDING SUCH ELECTION; NAMING THE OFFICERS THEREFOR; PROVIDING FOR NOTICE OF ELECTION; ENACTING PROVISIONS INCIDENT AND RELATING TO THE HOLDING OF SUCH ELECTION AND THE RETURNS THEREOF; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Absent Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye The foregoing ordinance was passed by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Absent Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye ORDINANCE NO. 5395 RECEIVING AND ACCEPTING THE CONSTRUCTION OF NORTH APPROACH AND DREDGED FILL FOR THE TULE LAKE LIFT BRIDGE, UNIT III A, PROJECT NO. 13-55-4.1, PERFORMED BY BROWN AND ROOT, CONTRACTORS, UNDER THEIR CONTRACT WITH THE CITY DATED AUGUST 11, 1958, AS AUTHORIZED BY ORDINANCE NO. 5117; AUTHORIZING PAYMENT OF FINAL ESTIMATE N0. 8 IN THE AMOUNT OF $29,327.43, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, DATED JUNE 15, 1959, WITH PAYMENT FROM NO.'230 BRIDGE REMOVAL AND RELOCATION FUNDS, PREVIOUSLY APPROPRIATED FOR CONSTRUCTION AND CONTINGENCIES; GRANTING THE CONTRACTOR AN EXTENSION OF 82 DAYS, FROM FEBRUARY 7, 1959 TO APRIL 30, 1959, FOR PROJECT COMPLETION; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Absent Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye The foregoing ordinance was passed by the following vote: 203 Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Absent Joseph B. Dunn. Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye ORDINANCE NO. 5396 APPROPRIATING THE SUM OF $36,79+.00 OUT OF BRIDGE REMOVAL AND RELOCATION BOND FUND, NO. 230, TULE LAKE LIFT BRIDGE PROJECT, FOR COMMISSIONERS AWARD IN CONDEMNATION PROCEEDINGS FOR A 2.471 ACRE TRACT OF LAND WITH THE IMPROVEMENTS LOCATED THEREON OUT OF THE ROBERT E. BRENNAN 4.534 ACRE TRACT, FOR ROAD RIGHT OF WAY PURPOSES IN CONNECTION WITH THE TULE LAKE LIFT BRIDGE PROJECT, AND FOR PAYMENT OF CCHMISSIONERS FEES AND COSTS; AUTHORIZING THE COMMISSIONERS AWARD OF $36,72+.00 TO BE TENDERED INTO THE OFFICE OF THE COUNTY CLERK IN ACCORDANCE WITH LAW SO THAT POSSESSION MAY BE OBTAINED; AUTHORIZING AND DIRECTING THE CITY ATTORNEY TO APPEAL TO THE COUNTY COURT FROM SAID AWARD; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Absent Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye The foregoing ordinance was passed by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Absent Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye ORDINANCE NO. 5397 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TEXAS, TO PAY TO GREGORY MOORE, APPRAISER, THE SUM OF $2+5.76, TO PAUL KOEPKE, APPRAISER, THE SUM OF $500.001, TO THOMAS GIVENS, APPRAISER, THE SUM OF $1,700.00, AS THE FULL FEE FOR SERVICES RENDERED BY EACH OF SAID APPRAISERS IN PREPARING APPRAISALS OF PROPERTY TO BE ACQUIRED IN THE BASCULE BRIDGE RELOCATION PROJECT; APPROPRIATING THE SUM OF $2,445.76 OUT OF BRIDGE REMOVAL & REMOVAL & RELOCATION FUND NO. 230; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Absent Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye The foregoing ordinance was passed by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Absent Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye ORDINANCE NO. 5398 AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AN AGREEMENT, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, WITH THE STATE OF TEXAS AND THE STATE HIGHWAY COMMISSION FOR THE CONSTRUCTION OF A HIGHWAY OVERPASS ON STATE HIGHWAY NO. 9 AT A POINT WHERE SAID HIGHWAY CROSSES OVER THE SAVAGE LANE RAILROAD LINE WHICH IS PART OF THE BRIDGE REMOVAL AND RELOCATION PROJECT; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Absent Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye The foregoing ordinance was passed by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Absent Joseph B. Dunn Aye Patrick J. Dunne Aye AyeabLz,, Ge.oanoSr. A 204 ORDINANCE NO. 5399 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE AN AGREEMENT WITH MAGEE DEVELOPMENT COMPANY TO.DEDICATE A PARK IN ACCORDANCE WITH THE PRELIMINARY PLAT OF 140 ACRES (MALIBU HEIGHTS ADDITION), A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Absent Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye The foregoing ordinance was passed by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Absent Joseph B. Dunn Aye Patrick J. Dnane Aye R. A. Humble Aye Gabe Lozano, Sr. Aye Mayor King invited anyone in the audience with petitions or information for the Council on matters not scheduled on the agenda to come forward and be heard. No one appeared. There being no further business to come before the Council, the meeting was adjourned. PRESENT: Mayor Ellroy King Commissioners: Dr. James L. Barnard Joseph B. Dunn Patrick J. Dunne R. A. Humble Gabe Lozano, Sr. REGULAR COUNCIL MEETING June 24, 1959 2:00 P. M. City Manager Herbert W. Whitney City Attorney I. M. Singer City Secretary T. Ray Kring Mayor Ellroy King called the meeting to order. The Invocation was given by Rabbi Yonah Geller, of B'nai Isreal Synagogue. City Secretary T. Ray Kring called the roll of those in attendance. - Motion by Humble, seconded by Pat Dunne, and passed that the absence of Commissioner Mrs. Ray Airheart be excused, due to absence from the City. Motion by Barnard, seconded by Pat Dunne, and passed that the minutes of the regular meeting of June 17 be approved. Mayor King announced the opening of bids. Bids were opened and read on the paving of Tule Lake Channel Road, Unit No. VII, from the following: Heldenfels Brothers South Texas Construction Co. Brown and Root, Inc. Motion by Humble, seconded by Joseph B. Dunn, and passed that the foregoing bids be tabled for 48 hours, as required by the City Charter, and referred to the City Manager for tabulation and recommendation. Mayor King asked for bids on lease of 32 acres of farm land in South Guth Park. Nan Albrecht, Assistant Purchasing Agent, announced that, even though all possible interested parties had been contacted, no bids had been received on this land. Mayor King requested that inquiries be made to ascertain if there are any interested persons in the farm land. Mayor King announced that next on the agenda was the public hearing relative to the application of C.C. Tribble for a change of zoning from "R-2" Two Family Dwelling District to "B-3" Secondary Business District, being all of Lot 15, Woodlawn Addition, lying south of Leopard Street (Highway 9) and situated at the southeast corner of Leopard Street (Highway 9) and Elmore Drive. Edward Shaw of the Zoning and Planning Commission located the subject property on the zoning map. 11 235 Mr. J. W. Wray, attorney representing the estate of C. C. Tribble, owner of the property, stated that because of various acquisitions by City and County agencies, the size of the property had been reduced from its original size of more than 11,000 sq. ft. to a present size of 3,136 sq. ft., rendering it too small to be utilized as a residential site. He cited the fact that the three other corner properties at this location have been zoned for business. He stated that the estate feels that the present zoning is confiscatory in nature, by reason of the present zoning and building restrictions making it impossible to utilize the property for any purpose. Mrs. Helen Tribble Mayes, executrix of the estate, stated that the heirs desire to be cooperative in every way. Mr. Gus Heinemann, representing Woodlawn Presbyterian Church, appeared to oppose re -zoning, pointing out the property in the area already zoned for business, but now vacant. He stated the church does not want to do any- thing harmful to the neighbors, but fears that re -zoning would be a further detriment to the church. Others speaking in opposition to the re -zoning were: Mrs. N. H. Brown, representing the Oak Park ACTION Group; Mrs. Carl Vickers, property owner and resident of Elmore Drive; and Mrs. Armstrong Price, speaking for Neigh- borhood Council. Mr. Wray then stated that in reaching a decision, he hoped the Council would consider this application on its merits. Motion by Humble, seconded by Joseph B. Dunn, and passed that the hearing be closed, and that the Zon- ing and Planning Commission be upheld in its recommendation that re -zoning be denied, and that the entire area should be studied for zoning change all at once. Commissioner Patrick J. Dunne voted "No" in this matter. Mayor King next announced that the Council would hear the City Manager's reports.' Motion by Joseph B. Dunn, seconded by Humble and passed that the City Manager's recommendations be approved, relative to the following matters: a. That the City Manager be authorized to advertise for bids to be received on July 8, 1959, for the following material: A quantity of Tapping Sleeves w/Tapping Valves; b. That the City Manager be authorized to advertise for bids to be received on July 8, 1959, for con- struction of 1 Prefabricated Sheet Metal Building at Weber Road and Gollihar Road - 60' long by 20' wide, with 10' eaves. c. That July 22, 1959, be set as the date for public hearing on two zoning applications; d. That the Error & Correction List and Supplemental Tax Roll for May, 1959, be approved; e. That the award of contract for construction of Westside Sewer Trunk Main, Unit II, be made to Bur - Tex Constructors, in the amount of $533,933.83; f. That the City assume cost of placing improvements abutting certain property and take assignment of assessment certificates in the Agnes -Laredo Street improvements, as follows: Item 99: Lots 3 & 4, Block 6 of the Patrick Webb Addition; Item 103: Lots 1 to 8, Incl., Block 5 of the Patrick Webb Addition Item 109: Lot 12, Block 2, of The Home Place Addition: Item 111: Lot 10, Block 2, of the Home Place Addition; Item 113: Lots 6 & 7, Block 2, of the Home Place Addition; Item 115: Lot 13 and the west 10 feet of Lot 12, Block 3 of The Union Depot Addition; Item 121: Lot 3, Block 3 of the Union Depot Addition; Item 141: Lots 13 & 14, Block 7 of the Patrick Webb Addition; Item 151: Lot 1, Block 4 of The Home Place Addition; Item 156: Lots 1 & 2, Block 5 of The Home Place Addition; Item 157: Lot 1, Block 6 of The Home Place Addition; Item 159: Lots 4 & 5, Block 1 of The Union Depot Addition, and the West 7 feet of Lot 3 of the same block; Item 162: Lots 1, 2, 3 & 4, Block 32' of Central Wharf & Warehouse Addition, and Lot 1, Block 1 of the Union Depot Addition. Mayor King next requested a motion that the City Manager and Director of Public Utilities revise City records of accounts for treated water where furnished under a written contract, to the effect that the charges for such water are in accordance with the terms of each such contract, and continue billing at such contract rate for the term of the contracts. Those involved are Reynolds Metals Co., American Smelting, Corn Products, Pontiac Re- finery, Columbia Southern, and Celanese Corp. Motion by Barnard, seconded by Pat Dunne, and passed, that the water billings be adjusted so that the City's books be in agreement with charges. 206 ORDINANCE NO. 5400 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO TO EXECUTE A LEASE AGREEMENT WITH THE OSO-NATIONAL PONY LEAGUE, LEASING TO THE SAID OSO-NATIONAL PONY LEAGUE A SIX ACRE TRACT OF LAND IN SOUTH GUTH PARK FOR THE PURPOSE OF ESTABLISHING AND MAIN- TAINING A PUBLIC RECREATIONAL AREA, A COPY OF WHICH AGREEMENT IS ATTACHED HERETO -AND -MADE A PART HEREOF. The foregoing ordinance was read for the third time and passed finally by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Absent Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye ORDINANCE N0. 51+01 AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TEXAS, A USE PRIVILEGE CONTRACT WITH TCM LAWRENCE; LEASING TO HIM THE GOLF SHOP AND CAFE LOCATED IN SAID MUNICIPAL GOLF COURSE FOR A PERIOD OF THREE YEARS FOR AND IN CONSIDERATION OF THE COMPENSATION TO THE CITY OF FIVE PERCENT (5%) OF ALL GROSS RECEIPTS DERIVED THEREFROM. AND UNDER THE TERMS AND CONDITIONS OF SAID LEASE, A COPY OF WHICH LEASE IS ATTACHED HERETO AND MADE A PART HEREOF. The foregoing ordinance was read for the third time and passed finally by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Absent Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye ORDINANCE NO. 5402 AMENDING ORDINANCE N0. 5066, ADOPTED JUNE 18, 1958, AND ENTITLED "ESTABLISHING THE POLICY OF THE CITY OF CORPUS'CHRISTI FOR EXTENSION OF THE CITY WATER SYSTEM TO AREAS OUTSIDE THE CORPOR- ATE LIMITS OF THE CITY OF CORPUS CHRISTI; PROVIDING PROCEDURE FOR ADMINISTERING SUCH POLICY; AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO DETERMINE CERTAIN MATTERS AND EXECUTE CONTRACTS FOR AND ON BEHALF OF THE CITY IN ACCORDANCE WITH THE PROVISIONS OF THIS ORDINANCE" BY REMOVING THE REQUIREMENT THAT THE APPLICANT FOR WATER SERVICE WITHIN THE AREA OUTSIDE OF THE CITY LIMITS BUT WITHIN FIVE (5 ) MILES OF THE CITY LIMITS EXECUTE AN AGREEMENT FOR ANNEXATION OF THE AREA OWNED BY THE APPLICANT AND FOR WHICH'WATER SERVICE IS REQUESTED; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Absent Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye The foregoing ordinance was passed by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Absent Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye ORDINANCE N0. 5403 AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI ADOPTED ON THE 27THDAy 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 N0. 2266 PASSED AND APPROVED ON THE 4TH DAY OF MAY, 1948, APPEARING OF RECORD IN VOLUME 16, PAGES 339 ET SEQ OF THE ORDINANCE AND RESOLUTION RECORDS, AND AS AMENDED BY ORDINANCE N0. 4846 ADOPTED ON THE 21ST DAY OF AUGUST, 1957, APPEARING OF RECORD IN VOLUME 26, PAGES 385 ET SEQ OF THE ORDINANCE AND RESOLUTION RECORDS, BY AMENDING THE ZONING MAP BY CHANGING THE ZONING OF LOTS B, 4, 5, 7, 8, BLOCK 5, ALL OF BLOCK 4, AND LOTS 11, 12, 13, 14, 15, AND 16, BLOCK 2, ROOSEVELT PLACE, BEING GENERALLY THAT PROPERTY ON THE EAST SIDE OF SOUTH PORT BETWEEN SEGREST AND A POINT 107 FEET NORTH OF BALDWIN, FROM "B-3" SECONDARY BUSINESS DISTRICT TO "L-1" LIGBT INDUSTRIAL DISTRICT, AND BY CHANGING THE ZONING OF THAT PROPERTY EXTENDING BACK 100 FEET IN DEPTH FROM THE EAST SIDE OF THE 1300 BLOCK OF PORT AVENUE, GENERALLY BEING THAT PROPERTY LOCATED ON THE EAST SIDE OF PORT AVENUE BETWEEN MORGAN STREET AND SEGREST STREET, FROM "B-3" SECONDARY BUSINESS DISTRICT TO "L -I" LIGHT INDUSTRIAL DISTRICT, AND BY CHANGING THE ZONING OF LOT A, BLOCK 5, ROOSEVELT PLACE, FROM "B-3" SECONDARY BUSINESS DISTRICT TO "L -I" LIGHT INDUSTRIAL 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 by the following vote: 207 El oy King Aye James L. Barnard Aye Mrs. Ray Airheart Absent Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye The foregoing ordinance was passed by the following vote: ElI oy King Aye James L. Barnard Aye Mrs. Ray Airheart Absent Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye ORDINANCE NO. 5444 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE AN AMENIME'NT TO A CONTRACT DATED DECEMBER 10, 19+6, BETWEEN THE CITY OF CORPUS CHRISTI AND CELANESE CORPORATION OF AMERICA, A COPY OF WHICH AMENDMENT IS ATTACHED HERETO AND MADE A PART HEREOF, SO AS TO PROVIDE FOR THE PRICE OF RAW WATER TARN BY SAID CORPORATION TO BE FIVE CENTS (5¢) PER ONE THOUSAND (1,000) GALLONS FOR THE FIRST TEN MILLICK (10 000,000) GALLONS USED PER MONTH AND AT THE RATE OF FOUR CENTS (40) PER ONE THOUSAND (1,Oooj GALLONS FOR ALL WATER OVER AND ABOVE TEN MILLION (10,0001,000) GALLONS USED PER MONTH; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Ell oy King Aye James L. Barnard Aye Mrs. Ray Airheart Absent Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye The foregoing ordinance was passed by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Absent Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble ' Aye Gabe Lozano, Sr. Aye ORDINANCE N0. 5+05 AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE, FOR AND ON BEHALF Q' THE CITY OF CORPUS CHRISTI, A CONTRACT WITH BUR-TEX CONSTRUCTORS, INC., FOR THE CONSTRUCTION OF UNIT II, WESTSIDE TRUNK SEWER MAIN, PROJECT NO. 8-54-9.2, INCLUDING A STORM SEWER ALONG ANGELA STREET AS A PART OF PROJECT NO. 3-56-14, AS MORE FULLY DESCRIBED IN THE PLANS, SPECIFICATIONS AND CONTRACT DOCUMENTS, MADE A PART HEREOF BY REFERENCE; APPROPRIATING THE SUM OF $533,933.83 FOR THE CONSTRUCTION CONTRACT, MAKING SAID APPROPRIATION FROM BOND FUNDS AS FOLLOWS: FROM NO. 250, SANITARY SEWER BOND IMPROVEMENT FUND, THE SUM OF $512,788.03 AND FROM NO. 295, STORM SEWER FUND, THE SUM OF $21,145.80; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Absent Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye The foregoing ordinance was passed by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Absent Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye ORDINANCE NO. 54o6 AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE AN ENGINEERING CONTRACT WITH REAGAN & McCAUGHAN FOR PROFESSIONAL ENGINEERING SERVICES ON THE PROJECT OF THE PLANNING AND SUPERVISION OF CONSTRUCTION OF A PORTION OF THE WESTSIDE SANITARY SEWER SYSTEM, GENERALLY REFERRED TO AS UNIT IV, THE FEE FOR SUCH SERVICES TO BE PAID OUT OF NO. 250 SANITARY SEWER BOND FUND, WHICH IS HEREBY APPROPRIATED, ALL IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF SAID CONTRACT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. 208 vote vote The Charter rule was suspended by the following vote Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Absent Joseph B. Dunn Aye Patrick J. Dunne Aye R . A . Humble Aye Gabe Lozano, Sr. Aye, The foregoing ordinance was passed by the following vote Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Absent Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye ORDINANCE NO. 5407 AUTHORIZING AND DIRECTING THE CITY MANAGER OF THE CITY OF CORPUS CHRISTI, TEXAS, TO EXECUTE FOR AND ON BEHALF OF THE CITY AN AGREEMENT WITH ADOLPH A. MAREK, LEASING CERTAIN LAND AT CUDDIHY FIELD, BEING APPROXIMATELY 313 ACRES, TO BE USED FOR AGRICULTURAL PURPOSES, WHICH AGREEMENT SHALL BE ON THE FORM FOR LEASE OF CUDDIHY FIELD PROPERTY HERETOFORE APPROVED BY THE NAVY, AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Absent Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye The foregoing ordinance was passed by the following vote Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Absent Joseph B. Dunn Aye Patrick J. Dunne Aye R. A Humble Aye Gabe Lozano, Sr. Aye FIRST READING OF AN ORDINANCE AN ORDINANCE GRANTING TO SOUTHWESTERN OIL AND REFIN1 ING COMPANY AN EXTENSION FOR A PERIOD OF FIVE (5) YEARS OF THE PRESENT FRANCHISE TO LAY, CONSTRUCT, OPERATE, MAINTAIN, REPAIR AND REMOVE A PIPE LINE 2" IN DLQ4ETER FOR THE TRANSPORTATION OF BUTANE ALONG THE WEST BOUNDARY LINE OF THE RIGHT-OF-WAY OF NUECES BAY BOULEVARD WITHIN THE CITY OF CORPUS CHRISTI, TEXAS, READ AND FINALLY PASSED ON JUNE 23, 1954, AND BEING ORDINANCE NO. 3791, RECORDED IN VOLUME 22 AT PAGE 380 OF THE ORDINANCE RECORDS OF THE CITY OF CORPUS CHRISTI, MAKING SUCH FRANCHISE AS EXTENDED BINDING ON THE GRANTEE'S SUCCESSORS AND ASSIGNS, PROVIDING FOR ACCEPTANCE BY THE GRANTEE, PROVIDING AN EFFECTIVE DATE, AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the first time and passed to its second reading by the following Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Absent Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye FIRST READING OF AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A FARM LEASE AGREMM WITH BERNARD ZAROSKY COVERING TWO TRACTS OF LAND (1) A TRACT OF TEN (10) ACRES OF FARM LAND, AND (2) A TRA= OF 174.5 ACRES OF FARM LAND, AT CLIFF MAUS AIRPORT, CORNER OF HORNE ROAD AND RABBIT RUN ROAD, FOR FARMING AND AGRICULTURAL PURPOSES ONLY, FOR A TERM OF ONE (1) YEAR BEGINNING SEPTEMBER 1, 1959, AND ENDING AUGUST 31, 1960, (OR UNTIL SUCH TIME THE AIRPORT IS ABANDONED) AT A YEARLY CASH BONUS PER ACRE OF $4.01 FOR EACH ACRE OF THE TEN (10) ACRE TRACT AND A YEARLY CASH BONUS OF $4.26 FOR EACH ACRE OF THE 174.5 ACRE TRACT, TO BE PAID TO THE CITY OF CORPUS CHRISTI AT THE TIME OF EXECUTION OF SAID LEASE. The foregoing ordinance was read for the first time and passed to its second reading by the following Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Absent Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye Mayor King next invited anyone in the audience with petitions or information for the Council on mattersll not scheduled on the agenda to come forward and be heard. 209 Mr. Lev Hunt appeared on behalf of property owners in the 1200 block of Brownlee Boulevard to request Council action in the matter of building set -backs line. He stated that the Zoning and Planning Commission had approved a change in zoning from "R-2" Two Family Dwelling District to "B-1" Neighborhood Business District, subject to the following changes: 1. The property must be re -platted; and 2. That there be a 60' building set -back on the re -plat. Mr. Hunt requested a reduction in the set -back from 60' to 25', stating the lots are not large enough to allow the 60' set -back, and stated that the property owners plan to provide for off-street parking. Motion by Humble, seconded by Joseph B. Dunn, and passed that this matter be set for public hearing on July 22, during the regular meeting. Mr. Ted Anderson, attorney, next appeared in behalf of I. B. Magee, and presented an amendment of the platting ordinance, requesting permission to construct houses on 5,000 sq. ft. lots in certain areas. He stated that lots in the proposed subdivision vary from 50' to 52' frontage, but all are 100' in depth. He stated that pro- posed houses have passed FHA and VA requirements, and that lot size is the only deterrent. He stated that his clients would be willing to amend their request to include this proposed subdivision only. Mr. Anderson further stated that the homes in this subdivision will be primarily for Latins, and that the builder must reach this market ]?y price. Commissioner Humble stated that a good house on a smaller lot might be better than a poor house on a larger lot, but that he would like to know more of the situation. Mayor King stated that there is a possibility that Harland Bartholomew & Associates of St. Louis, Missouri, will be employed to make a study of this entire area. Motion by Joseph B. Dunn, seconded by Barnard, and passed that this matter be deferred for further study. There being no further business to come before the Council, the meeting was adjourned. PRESENT: Mayor Ellroy King Commissioners: Dr. James L. Barnard Mrs. Ray Airheart Joseph B. Dunn Patrick J. Dunne R. A. Humble Gabe Lozano, Sr. REGULAR COUNCIL MEETING July 1, 1959 2:00 P. M. City Manager Herbert W. Whitney Asst. City Attorney J. F. Park City Secretary T. Ray Kring Mayor Ellroy King called the meeting to order. The Invocation was given by Reverend Myron Willard, South Shore Christian Church. City Secretary T. Ray Kring called the roll of those in attendance. Motion by Barnard, seconded by Pat Dunne, and passed, that the minutes of the regular meeting of June 24 be approved. Mayor King announced the opening of bids. Bids were opened and read on a Lime Feeder and Slaker from the f6ilowing: Inf ilco B. I. F. Industries (Texas Filter Co.) Wallace & Tiernan Motion by Pat Dunne, seconded by Humble, and passed, that the foregoing bids be tabled for 48 hours, as required by the City Charter, and referred to the City Manager for tabulation and recommendation. Mayor King next announced the following appointments to the Zoning and Planning Commission: Franklin Critz Odell Ingle Bruce Collins, Jr. Dale Owen ire -appointment) C. W. Guzman 210 Motion by Barnard, seconded by Pat Dunne, and passed, that the foregoing appointments be approved. Mayor King next announced that public hearings would be held on 5 matters. First was the application of Del Starr Realty Company to change the name of the Pogue Street in Schanen Estates to Travis Avenue. Mr. Tom Pogue, speaking for the owner of the property, stated that Travis Baptist Church plans to build a new church plant on this street, and that it is felt that the street should be named for the church. There are no changes of address involved in the change. There were no other speakers, and no opposition to the change. Motion by Airheart, seconded by Pat Dunne, and passed, that the hearing be closed and the change of name, as requested, be approved. Next was the application of Conrado Gomez to change the zoning of Lot 21 Block 8, Molina No. 2, being located at 4437 Molina Drive, from "R-1" One Family Dwelling District to "B-1" Neighborhood Business District. Mr. Robert Burr, of the Zoning and Planning Commission, located the property on the map, pointed out present zoning and land uses, and stated that the recommendation of the Commission is that change of zoning be granted. He stated that the subject lot is now vacant, and that Mr. Gomez will move his shop to this lot and into improved building. The shop was already in operation at the time the area was annexed. There were no other speakers, and no opposition to the change. Motion by Lozano, seconded by Joseph B. Dunn, and passed, that the hearing be closed and that the re- commendation of the Commission be upheld and the property be rezoned as requested. Next was the application of E. W. Harmsen to change the zoning of a 1.70 acre tract of land out of the northeast corner of Lot 7, Section 21 Bohemian Colony Lands, Nueces County, Texas, being substantially that property fronting on Lexington Boulevard between Carroll Lane projected and a point 165' to the west, extending to a depth of 450', plus or minus, from "R-1" One Family Dwelling District to "B-1" Neighborhood Business District. Mr. Burr pointed out the property on the map and explained present zoning and land uses, and stated the recommendation of the Commission is that the change in zoning be denied. He stated that there had been one written answer for change, and one against change. Mr. Harmsen stated that his belief is that the property is not very suitable Jbr construction of homes, by reason of the Freeway scheduled to be built through that area. He requested that if the zoning is to be denied, the hearing be left open for further action at a later date. Mayor King explained to Mr. Harmsen that he is free to return at any time with a re-application. Commissioner Humble suggested that the matter be deferred, rather than left open. Mr. Burr stated that a study is contemplated for all the land in this area. Motion by Joseph B. Dunn, seconded by Humble, and passed that the hearing be closed and that the recom- mendation of the Commission be upheld and that re -zoning be denied at this time, and without prejudice. Next was the application of Mrs. Laura F. Van Atten to change the zoning of Lot 10, Block 51 Woodlawn Estates, being that property at 1521 Clare Street, from "R-1"One,Family Dwelling District, to "B-1" Neighborhood Business District. Mr. Burr located this property on the map and pointed out present zoning and land use in the area. He stated that the recommendation of the Commission had been originally to approve this zoning, but that upon review, the recommendation was denied by reason of the Freeway and the proposed land study. Mr S Van Atten stated that the property had been bought originally for business uses; that she has a motel on the two lots in front of this property, and she now wants the back lot zoned for the same purpose. Mr. Burr then stated that other lots in the area have deed restrictions that would have to be removed before the property could be used for business purposes. Motion by Humble, seconded by Pat Dunne, and passed that the hearing be closed and that the recommenda- tion of the Commission not be upheld, and that the rezoning be granted. Next was the application of W. C. Schwabe, et al, to change the zoning of the rear 200 feet of Lots 2. through 10, and all of Lots 11 through 19, Block 1, Boulevard Place, being that property to the rear of the present business zoning along the southside of Lexington Boulevard from a point 400 feet east of Kostoryz to Cosner Drive, from "R-1" One Family Dwelling District to "B-3" Secondary Business District. Mr. Tom Pogue, representing Mr. Schwabe, stated that the owners of these lots now own the land all the way through to Tweet Street, which is a street on a plat only, and is only 25' wide. The owners would be willing to have Tweet Street vacated, making that the property line, fencing it, and then making the proposed subdivision begin from there. Mr. Burr stated, in answer to a question from Commissioner Mrs. Airheart, that the recommendation of the Commission to deny this zoning was based on the proposed study of the entire area for land uses. Mr. Morris Cross, also represented by Mr. Pogue and operator of Glide -Away Overhead Door Company, sta that he needs the property now in order to expand his business. Mrs. Mac Williams, operator of the Wee Tee Miniature Golf Course, stated that she needs the property for parking space, and also to expand her business. Mr. Owen D. Cox, representing Mrs. Jane Rascoe, requested that the zoning be continued as originally adopted, as it existed before the County took part of the property for right-of-way, and prior to annexation to the City. Motion by Airheart, seconded by Barnard, and passed, that the hearing be closed, and the application be granted, subject to relocation of existing utility lines at the property owner's expense, in the existing street at the rear of the property. The Council next heard a request from Paul Nye, relative to a plaque which is to be put on the new Airport Terminal Building. He stated that he felt the names of Frank Harrison and Hayden Head should be included on the plaque, in recognition of services rendered to the new airport. Mayor King stated that, in the event the matter should be brought before the Council, this request be considered. Mayor King announced that next on the agenda were the City Manager's reports. Motion by Barnard, seconded by Pat Dunne, and passed that the City Manager's reports be approved, re- lative to the following: a. That the Plans and Specifications, Unit III Westside Sewer Trunk Main, be approved, and that the City Manager be authorized to advertise for bids to be received on July 22 for construction of this project; b. That acceptance and final payment in the amount of $3,122.00 for the Concession Building, H.E.Butt Park, to the Contractor, Ramsey & Atkinson, be approved; John Street; c. That July 22, 1959, b2 set as the date for a Public Hearing relative to closing of a portion of d. That July 15, 1959, be set as the date for a Public Hearing relative to Parkdale zoning; e. That the City Manager be authorized to advertise for bids to be received July 15, 1959, for various amounts and sizes of reinforced concrete pipe (estimated 6 months supply); f. That the City Manager be authorized to advertise for bids to be received July 15, 1959, for Blue- print Service for a 6 month period from August 1, 1959, through January 31, 1960; g. That the City Manager be authorized to advertise for bids to be received July 15, 1959, for an es- timated 6 months supply of various amounts of street materials; h. That award of bid on Unit VII, Paving for Tule Lake Bridge, Project 13-55-5, be made to Heldenfels Brothers, on a bid of $12+,483.50, Subject to final approval by the Corps of Engineers; i. That award of contract for construction of utility lines across Ship Channel be made to The Company, on a bid of $301,739-50- J. In the matter of the request of Mr. Ted Anderson, attorney representing I. B. Magee, for permission to construct houses on 5,000 sq. ft. lots rather than 6,000 sq. ft. lots, motion by Barnard, seconded by Joseph B. Dunn, and passed, that the request be denied. Commissioner Lozano voted "Nay". 212 SECOND READING OF AN ORDINANCE: AN ORDINANCE GRANTING TO SOUTHWESTERN OIL AND REFINING CCMPANY AN EXTENSION FOR A PERIOD OF FIVE (5) YEARS OF THE PRESENT FRANCHISE TO LAY, CONSTRUCT, OPERATE, MAINTAIN, REPAIR AND REMOVE A PIPE LINE 2 IN DIAMETER FOR THE TRANSPORTATION OF BUTANE ALONG THE WEST BOUNDARY LINE *OF THE RIGHT-OF-WAY OF NUECES BAY BOULEVARD WITHIN THE CITY OF CORPUS CHRISTI, TEXAS, READ AND FINALLY PASSED ON JUNE 23, 195+, AND BEING ORDINANCE NO. 3791, RECORDED IN VOLUME 22 AT PAGE 380 OF THE CITY OF CORPUS CHRISTI; MAKING SUCH FRANCHISE AS EXTENDED BINDING ON THE GRANTEE'S SUCCESSORS AND ASSIGNS; PROVIDING FOR ACCEPTANCE BY THE GRANTEE; PROVIDING AN EFFECTIVE DATE; AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: vote: ELlroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye SECOND READING OF AN ORDINANCE: AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A FARM LEASE AGREEMENT WITH BERNARD ZAROSKY COVERING TWO TRACTS OF LAND: (1) A.TRACT OF TEN (10) ACRES OF FARM LAND, AND (2) A TRACT OF 17+.5 ACRES OF FARM LAND, AT CLIFF MAUS AIRPORT CORNER OF HORNE ROAD AND RABBIT RUN ROAD, FOR FARMING AND AGRICULTURAL PURPOSES ONLY, FOR A TERM OF ONE (1) YEAR BEGINNING SEPTEMBER 1, 1959, AND ENDING AUGUST 31, 1960 (OR UNTIL SUCH TIME THE AIRPORT IS ABANDONED) AT A YEARLY CASH BONUS PER ACRE OF $4.01 FOR EACH ACRE OF THE TEN (10) ACRE TRACT AND A YEARLY CASH BONUS OF $4.26 FOR EACH ACRE OF THE 17+.5 ACRE TRACT, TO BE PAID TO THE CITY OF CORPUS CHRISTI AT THE TIME OF EXECUTION OF SAID LEASE. The foregoing ordinance was read for the second time and passed to its third reading by the following Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye ORDINANCE NO. 5+08 RECEIVING AND ACCEPTING THE CONSTRUCTION OF A CCIVCESSION BUILDING FOR H. E. BUTT PARK, PERFORMED BY RAMSEY AND ATKIlVSON, CONTRACTORS, UNDER THEIR CONTRACT WITH THE CITY DATED JUNE 3, 1959, AS AUTHORIZED BY ORDINANCE NO. 5366; AUTHORIZING PAYMENT OF FINAL ESTIMATE NO. 11 A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, DATED JUNE 26, 1959, IN THE AMOUNT OF $3,122.00 FROM PARK AND RECREATION CAPITAL IMPROVEMENT FUNDS PREVIOUSLY APPROPRIATED; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye The foregoing ordinance was passed by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye ORDINANCE NO. 5+09 AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND CU BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE RELEASE OF SPECIAL ASSESSMENTS AS FOLLOWS: (1) IN THE AMOUNT OF $1,405.63 AGAINST THAT CERTAIN PROPERTY FRONTING 164.5 FEET ON THE SOUTH SIDE OF UP RIVER ROAD, DESCRIBED AS BEING A PART OF THE E. VILLARREAL GRANT AND BEING ALSO A PART OF THE OLD J. S. McCAMPBELL HCMESTEAD, AND THE OWNER THEREOF, JOE W. JOHNSON: (2) IN THE AMOUNT OF $1,126.27 AGAINST THAT CERTAIN PROPERTY FRONTING 104 FEET ON THE SOUTH SIDE OF UP RIVER ROAD, DESCRIBED AS BEING LOT 2, WOODLAWN ADDITION, AN ADDITION TO THE CITY OF CORPUS CHRISTI, TEXAS, AND THE OWNER THEREOF: H. THOMAS COX: A COPY OF WHICH RELEASES ARE ATTACHED HERETO AND MADE A PART HEREOF, AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye 213 The foregoing ordinance was passed by the following vote: Ellroy King James L. Barnard Mrs. Ray Airheart Joseph B. Dunn Patrick J. Dunne R. A. Humble Gabe Lozano, Sr. ORDINANCE NO. 5+10 Aye Aye Aye Aye Aye Aye Aye DECLARING ABANDONED A CERTAIN UTILITY EASEMENT GRANTED BY J. E. MITCHELL AND WIFE, ELOISA MITCHELL, BY DEED DATED APRIL 9, 1926, AND RECORDED IN VOLUME 163, PAGE 626 OF THE DEED RECORDS OF NUECES COUNTY, TEXAS; AUTHORIZING THE CITY MANAGER TO EXECUTE A QUITCLAIM DEED OF SAID EASEMENT UNTO THE PRESENT OWNERS; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye The foregoing ordinance was passed by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye ORDINANCE NO. 5+11 CLOSING AN ALLEY IN BLOCK 54 OF THE BEACH PORTION ADDITION OF THE CITY OF CORPUS CHRISTI; AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TEXAS, TO EXECUTE A DEED QUITCLAIMING THE CLOSED ALLEY TO A. A. WILLIAMS, TRUSTEE, THE ABUTTING PROPERTY OWNER, UPON PAYMENT OF THE CONSIDERATION OF $6,000.00; AND UPON PAYMENT OF $1150,00 MORE OR LESS, FOR COSTS FOR RELOCATING AND RELAYING 411 GAS LINE PRESENTLY IN THE ALLEY; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye The foregoing ordinance was passed by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye ORDINANCE NO. 5+12 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A CONTRACT WITH THE GOLDSTON COMPANY FOR CONSTRUCTION OF THE UTILITY CHANNEL CROSSINGS AT THE SHIP CHANNEL, AS DESCRIBED IN THE PLANS AND SPECIFICATIONS; PROVIDING FUNDS BY APPROPRIATING CONSTRUCTION FUNDS IN THE CONTRACT AMOUNT AS FOLLOWS: FRCM NO. 212 FIRE FUND, THE SUM OF $19,408.00; FRCM NO. 200 GAS FUND, THE SUM OF $66,772.00; AND FROM NO. 230 BRIDGE REMOVAL AND RELOCATION FUND THE SUM OF $215,559.50 OF WHICH $7211$7.00 IS FOR PROJECT 13-56-20.2 (WATER) AND $143,372.50 IS FOR PROJECT 13-56-20.3 (SEWER); TOTAL $301,739.50; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye The foregoing ordinance was passed by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye 214 Mayor King next invited anyone in the audience with petitions or information for the Council on matters not scheduled on the agenda to come forward and be heard. Mr. Harold Anderson requested that the City fill a pit which was created on his property in 1951, when he excavated and sold dirt. Mayor King referred the matter to the City Manager for investigation and recommendation Mr. A. T. McMurray next appeared with a request that Laguna Street from Water Street to Shoreline be made a two-way street. Mr. Jones, representing Fedway, requested that it be made two-way through to Chaparral. Mr. Dom Lacava of Shoop's Grill also requested two-way traffic. All stated that their customers had complained of inconvenience caused by the present one-way traffic on Laguna. Motion by Joseph B. Dunn, seconded by Pat Dunne, and passed, that the matter be referred to the City Manager for investigation and recommendation. Next was Mr. Allen D. Sanford, Jr., with a request for a traffic light to be placed at the intersection of Roberts Drive and Ocean Drive, citing the insufficiency of the "STOP" sign presently at that intersection, and the need for further control. Motion by Pat Dunne, seconded by Barnard, and passed, that Traffic Engineer Paul Rice be asked to make an investigation into this matter to determine if the "STOP" sign is sufficient, if a traffic light would be warrant ed, or if other traffic control device is needed. There being no further business to come before the Coundill the meeting was adjourned. REGULAR COUNCIL MEETING July 8, 1959 2:00 P.M. PRESENT: Mayor Ellroy King Commissioners: Dr. James L. Barnard Mrs. Ray Airheart Joseph B. Dunn Patrick J. Dunne R. A. Humble Gabe Lozano, Sr. Mayor Ellroy King called the meeting to order. City Manager Herbert W. Whitney City Attorney I. M. Singer City Secretary T. Ray Kring Due to the absence of the invited Guest Chaplain, no Invocation was given. City Secretary T. Ray Kring called the roll of those in attendance. Motion by Barnard, seconded by Joseph B. Dunn, and passed, that the minutes of the regular meeting of July 1, 1959, be approved. Mayor King announced the opening of bids. Bids were opened and read on construction of a Prefabricated Sheet,Metal Building from the following: C. C. Hinchberger B. M. Shuford. Motion by Pat Dunne, seconded by Humble, and passed, that the foregoing bids be tabled for 48 hours, as required by the City Charter, and referred to the City Manager for tabulation and recommendation. Bids were opened and read for Cast Iron Tapping Sleeves and Tapping Valves from the following: Iowa Valve Company The Rohan Company, Inc. Viking Supply Corp. San Antonio Machine is Supply Motion by Humble, seconded by Pat Dunne, and passed, that the foregoing bids be tabled for 48 hours, as required by the City Charter, and referred to the City Manager for tabulation and recommendation. Mayor King next announced the following appointments to the City Solicitations Commission: John Bonney W. B. Windle Mary E. Denman Motion by Airheart, seconded by Pat Dunne, and passed, that the foregoing appointments be approved. Mayor King announced that next on the agenda were the City Manager's reports. 215 Motion by Barnard, seconded by Humble, and passed, that the City Manager's reports be approved relative to the following: a. Request for authority to advertise for bids to be received July 22, 1959, on fuel requirements for the period August 1, 1959, through October 31, 1959, after County officials: have been contacted with reference to a possible addendum for taking bids on a cooperative basis; b. Request for authority to advertise for bids to be received July 22, 1959, for a twelve-month supply of Water Treating Chemicals - August 1, 1959, through July 31, 1960, with alternate bids on a six-month supply, as requested by the Council; C* That award of contract for the purchase of a Lime Feeder and Slaker be made to Builders Iron k Foundry Industries (B. I. F. Industries) on a bid of $8,395.00; (See bid tabulation #29 in file); d. That July 22, 1959, be set as the date for the Public Hearing on the request to change the name of a portion of Harrison Street to Breezeway Street; e. That appointments of substitute Election Judges and Polling Places in the July 11, 1959, Houston Natural Gas Co. Franchise Election be confirmed, as follows: Precinct No. 2 Precinct No. 8 Precinct No. 11 Precinct No. 15 Precinct No. 24 Precinct No. 26 Precinct No. 29 Precinct No. 33 Judge, Miss Gertrude Dreyer, 7092 Blucher Judge, Mrs. L. D. Davis, 1003 Coleman Judge, Mrs. James B. Fulton, 401 Shawnee Judge, P. E. Gnegy, 1450 - 15th Street Judge, Mrs. Garland M. Bluhm, 4230 Devon Judge, Mrs. W. P. Livingston, 4915 Everhart Judge, Mrs. M. A. Cage, 441 Coral Judge, P. B. Snyder, 5006 Bevly Precinct No. 6 Polling Place, West Heights Baptist Church, 642 Scott Drive Precinct No. 17 Polling Place, Incarnate Word Academy Cafeteria, 2930 S. Alameda, Harrison Street Entrance Precinct No. 29 Polling Place, Store Building, formerly Jack and Jill Shop, Lamar Shopping Center, 3818 S. Alameda f. That the proposal of Reagan & McCaughan, Consulting Engineers, for services relative to supervision of construction of Units II and III, Westside Sewer Trunk Mains, be approved. ORDINANCE NO. 5413 AMENDING ORDINANCE NO. 4989, DATED MARCH 5, 1958, WHICH READS AS FOLLOWS: "AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, AN EXTENSION AGREEMENT WITH H. E. BUTT AND H. E. BUTT FOUNDATION PROVIDING FOR THE PAYMENT OF $26,308.04 DUE THE H. E. BUTT FOUNDATION UNDER THE 1953 CONTRACT AND IN ADDITION THERETO THE AMOUNT NEEDED TO CONSTRUCT A WADING POOL AT AN ESTIMATE COST OF $2,500.00, TO BE REIMBURSED FROM THE REVENUES FROK SAID SWIMMING POOL AND WADING POOL OVER A TWO (2) YEAR PERIOD BEGINNING APRIL 11 1958, A COPY OF WHICH AGREEMENT IS ATTACHED HERETO AND MADE A PART HERE- OF:" BY CHANGING THE COST OF CONSTRUCTING A WADING POOL TO $4,500.00; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye The foregoing ordinance was passed by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye Next, Phil Ridgeway of National Car Rentals spoke concerning an ordinance relating to a use privilege con- tract with Hertz Corporation at Cliff Maus Airport. Mr. Ridgeway stated that, although he has no protest on this lease, he does feel that there are inequities, in that the contract was negotiated, and other operators were not notified, nor were they given an opportunity to make such a contract. He stated that both National Car Rentals and Avis Rent-A-Car have very limited space at the airport and maintain offices in the downtown area, but that Hertz has no downtown office. He requested the Council to investigate the matter and remove the inequities. City Manager Whitney recommended that this ordinance be tabled, so that he might analyze the three contract I. 216 Motion by Barnard, seconded by Pat Dunne, and passed, that this ordinance be tabled for further investiga- tion and recommendation by the City Manager. ORDINANCE NO. 5414 CHANGING THE NAME OF POGUE STREET TO TRAVIS AVENUE, SAID STREET BEING IN SCHANEN ESTATES,.CORPUS CHRISTI, NUECES COUNTY, TEXAS; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye The foregoing ordinance was passed by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye ORDINANCE NO. 5415 AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI ADOPTED ON THE 27TH DAY OF AUGUST, 1937, AP- PEARING 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. 2266 PASSED AND APPROVED ON THE 4TH DAY OF MAY, 1948, APPEARING�OF MCORD IN VOLUME 16, PAGES 339 ET SEQ OF THE ORDINANCE AND RESOLUTION RECORDS, AND AS AMENDED BY ORDINANCE NO. 4846, ADOPTED ON THE 21ST DAY OF AUGUST, 1957, APPEARING OF RECORD IN VOLUME 26, PAGES 385 ET SEQ OF THE ORDINANCE AND RESOLUTION RECORDS BY AMENDING THE ZONING MAP BY CHANGING THE ZONING OF LOT 2, BLOCK 8, MOLINA NO. 21 BEING LOCATED AT 4437 MOLINA DRIVE, FROM "R-1" ONE FAMILY DISTRICT TO "B-1" NEIGHBORHOOD 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 by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye The foregoing ordinance was passed by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye ORDINANCE NO. 5416 AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE RELEASE OF SPECIAL ASSESSMENTS AS FOLLOWS: (1) IN THE AMOUNT OF $4036.05 AGAINST �t6= IN PROPERTY FRONTING 145 FEET ON THE SOUTH SIDE OF UP RIVER ROAD, DESCRIBED AS BEING LOTS 1 & ESTATES, AND. THE OWNER THEREOF, L. G. TALBERT: (2) IN THE AMOUNT OF $538.17 AGAINST THAT CERTAIN PROPERTY FRONTING 100 FEET ON THE SOUTH SIDE OF UP RIVER ROAD, DESCRIBED AS BEING LOT 7, WOODLAWN, AND THE OWNER THEREOF, DR. J. V. BLAIR: (3) IN THE AMOUNT OF $988.58 AGAINST THAT CERTAIN PROPERTY FRONTING 101.9 FEET ON THE SOUTH SIDF OF UP RIVER ROAD, DESCRIBED AS BEING LOTS 9 & 11, SUBURBAN HOMESITE, AND THE OWNER THEREOF, DR. W. Co GHORNILEY: (4) IN THE AMOUNT OF $352.39 AGAINST THAT CERTAIN PROPERTY FRONTING 119.23 FEET ON THE WEST SIDI OF SOUTH STAPLES, DESCRIBED AS BEING LOT 31 BLOCK 14, LAWNDALE, AN ADDITION TO THE CITY OF CORPUS CHRISTI, TEXAS, .AND THE OWNER THEREOF: L. G. HARVEY: A COPY OF WHICH RELEASES ARE ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Ellroy King Aye jamed,L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye The foregoing ordinance was passed by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye 217 ORDINANCE NO. 5417 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO AMEND A LEASE AGREEMENT WITH CABANISS AERO PARTS, INC., WHICH LEASE WAS HERETOFORE AUTHORIZED BY ORDINANCE NO. 5037; SAID AMENDMENT WILL DELETE BUILDING 603 FROM THE SAID LEASE; AUTHORIZING AND DIRECTING THE CITY MANAGER,FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A NEW LEASE WITH LEW BORDEN WHEREBY BUILDING 603 IS LEASED TO LEW BORDEN FOR A PERIOD OF ONE (1) YEAR, AT A MONTHLY RENTAL RATE OF $100.00 PER MONTH, IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF SAID LEASE AGREEMENT, A COPY OF WHICH IS ATTA HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye The foregoing ordinance was passed by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye Mayor King next invited anyone in the audience with petitions or information for the Council on matters not scheduled on the agenda to come forward and be heard. Mr. Harold Anderson appeared and asked for information concerning his request of the previous week for the filling of the pit on his property between McArdle and Lexington south of Weber Road. City Manager Whitney reported that investigation is not yet complete, but that Mr. Elliott, City Sanitation Engineer, has stated that it will be `II at least four years before he can use the pit for a sanitary fill. The investigation is to be completed and a given to the Council. Mr. Ed Williams, attorney, next appeared, speaking for himself and for Mr. V. L. Rossi, with reference to ,a proposed subdivision in the Sundeen School area. He requested that the trash dumping area for private haulers be somewhere other than the pit on the Sundeen School property. He commended the City Council for retaining Mr. Whi as City Manager, and on their actions for the City since their installation. There being no further business to come before the Council, the meeting was adjourned. PRESENT: Mayor Ellroy King Commissioners: Dr. James L. Barnard Mrs. Ray Airheart Joseph B. Dunn Patrick J. Dunne R. A. Humble Gabe Lozano, Sr. REGULAR COUNCIL MEETING July 15, 1959 2:00 P.M. City Manager Herbert W. Whitney City Attorney I. M. Singer City Secretary T. Ray Kring Mayor Ellroy King called the meeting to order. The Invocation was given by Reverend Earl Hill of Southside Baptist Church. City Secretary T. Ray Kring called the roll of those in attendance. Motion by Barnard, seconded by Pat Dunne, and passed, that the minutes of the regular meeting of July 8, 1959, be approved. Mayor King announced the opening of bids. Bids were opened and read on Blueprint service for a 6 month period from August 1, 1959, through January 312 1960, from the following: C. C. Photo Print Nixon Blue Print Ridgway's Superior Blue Print 218 Motion by Barnard, seconded by Joseph B. Dunn, and passed, that the foregoing bids be tabled for 48 hours, as required by the City Charter, and referred to the City Manager for tabulation and recommendation. Bids were opened and read on an estimated six months supply of various amounts and sizes of reinforced concrete pipe, from the following: Brown Supply TexCrete Company Motion by Pat Dunne, seconded by Joseph B. Dunn, and passed, that the foregoing bids be tabled for 48 hours, as required by the City Charter, and referred to the City Manager for tabulation and recommendation. Bids were opened and read for an estimated 6 months supply of various amounts of street materials, from the following: C. C. Shell Company Heldenfels Billy Moore Trucking Uvalde Rock Asphalt White's Uvalde Mines Wright Asphalt Products Motion by Humble, seconded by Pat Dunne, and passed, that the foregoing bids be tabled for 48 hours, as required by the City Charter, and referred to the City Manager for tabulation and recommendation. Mayor King next announced a hearing on the 1959-60 Budget, being those portions concerned with Public Utilities, Public Works, and Traffic Engineering. City Manager Whitney read the budget plans for the coming year on the subject Departments, and compared the figures with the budget for the year ending July 31. With reference to Divisions involved, he stated that this budget is designed to maintain, in most cases, the same level of services as in the past, and that the increases are due to increased costs of operation. In the matter of Public Works, there is to be more emphasis given this year to maintenance and repair, a stepped-up program, and efforts to prevent recurrences of pervious troubles, primarily occasioned by unusual rains. Here, also, increases are due primarily to increased costs of operation. In the Traffic Engineering budget, the increase reflects additional installation of street lighting. Mayor King then stated that the presentation of this portion of the budget does not mean it being adopted, but that hearings on it will be continued and discussions will be had each week until August 1. Mayor King next announced the Council would hear the City Manager's reports. Motion by Pat Dunne, seconded by Humble, and passed, that the City Manager's reports be approved, rela- tive to the following: a. That the City Manager be authorized to execute a contract with Heldenfels Brothers, in the amount of $124,483.50, on Unit VII, Paving for Tule Lake Bridge, Project 13-55-5, on whit h approval has now been given by the Corps of Engineers; b. That award of bid on a Prefabricated Sheet Metal Building be made to C. C. Hinchberger, on a bid of $4,487.00, said building to be 60' long, 20' wide, with 10' eaves, and to be located at Weber Road and Gollihar Road; (See Bid Tabulation #30 in File) C. That acceptance and final payment for Street Base, Resurfacing Project "A", being a balance of $9,609.38 on an original contract of $47,674.37, be made to Troy Grant, Contractor; d. That Plans and Specifications for a wading pool for H. E. Butt Park be approved, and the City Mana- ger be authorized to advertise for bids to be received August 5, 1959, for subject construction; e. That award of bid be made to the Rohan Company for 19 Tapping Sleeves with Tapping Valves in assort- ed sizes, on a bid of $2,543.55; (See Bid Tabulation #31 in File) Rogers. f. That August 5, 1959, be set as the date for Public Hearing in the zoning request of Graford N. RESOLUTION NO. 5418 APPROVING THE PROPOSED ROUTE OF HIGHWAY 358 EXTENDING FROM CHAPMAN RANCH ROAD TO HIGHWAY 44 AND THENCE TO A CONNECTION WITH INTERSTATE HIGHWAY 37, URGING FURTHER PROGRESS IN THE PLANNING AND CONSTRUCTION OF SAID ROAD; AND DECLARING AN EMERGENCY. �,JLJ The Charter rule was suspended by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye The foregoing ordinance was passed by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye ORDINANCE NO. 5419 CANVASSING RETURNS AND DECLARING THE RESULTS OF AN ELECTION ON THE QUESTION OF WHETHER OR NOT THE CITY OF CORPUS CHRISTI SHOULD GRANT AN EXTENSION OF THE PRESENT FRANCHISE OF HOUSTON NATURAL GAS CORPORATION FOR A TERM OF THIRTY (30) YEARS; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye The foregoing ordinance was passed by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye ORDINANCE NO. 5420 AUTHORIZING AND DIRECTING THE CITY MANAGER TO ACCEPT THE PROPOSAL OF ENGINEERING SUPERVISION OF CONSTRUC- TION OF WESTSIDE SEWER UNITS II AND III, PROJECT NO. 8-54-9.2 AND 8-54-9.3, SUBMITTED BY REAGAN & MCCAUGHAN, CONSULTING ENGINEERS, A COPY OF WHICH PROPOSAL IS ATTACHED HERETO AND MADE A PART HEREOF; AP- PROPRIATING THE SUM OF $45,000.00 OUT OF SANITARY SEWER SYSTEM BOND IMPROVEMENT FUND NO. 250 FOR THE PAY- MENT OF SAID SERVICES, OF WHICH AMOUNT $20,000.00 IS FOR UNIT II AND $252000.00 ZS FOR UNIT III OF THE WESTSIDE SEWER SYSTEM; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye The foregoing ordinance was passed by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye ORDINANCE NO. 5421 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A CONTRACT WITH HELDENFELS BROTHERS FOR THE WORK OF PAVING FOR THE TULE LAKE LIFT BRIDGE AND RELATED ITEMS, UNIT VII, PROJECT NO. 13-55-5; APPROPRIATING THE SUM OF $124,483.50 FROM NO. 230 BRIDGE REMOVAL AND RELO- CATION FUND FOR THE CONSTRUCTION CONTRACT; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye 220 The foregoing ordinance was passed by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye ORDINANCE N0. 5422 AUTHORIZING AND DIRECTING THE ACCEPTANCE, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, OF THE PAVING IMPROVEMENTS INSTALLED IN THAT PORTION OF GOLLIHAR ROAD EXTENDING FROM A POINT NEAR THE INTERSECTION OF SHERWOOD STREET A DISTANCE OF APPROXIMATELY 1300 FEET IN A WESTERLY DIRECTION, INSTALLED IN ACCORDANCE WITH PLANS AND SPECIFICATIONS SUBMITTED BY THE ABUTTING OWNERS; AUTHORIZING THE PAYMENT OF $11,530.00 AS THE CITY'S PORTION OF SAID PAVING COSTS UPON THE DELIVERY OF A RELEASE AND INDEMNITY AGREEMENT TO THE CITY; APPROPRIATING THE SUM OF $11,530.00 OUT OF STREET BOND FUND NO. 220, PROJECT NO. 1-53-33; AND DE- CLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye The foregoing ordinance was passed by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano. Sr. Aye ORDINANCE NO. 5423 RECEIVING AND ACCEPTING THE STREET BASE WORK AND SURFACING OF APPROXIMATELY 5.2 MILES OF STREETS DESIG- NATED AS PROJECT "A", PERFORMED BY TROY GRANT, CONTRACTOR, UNDER HIS CONTRACT WITH THE CITY DATED APRIL 17, 1959, AS AUTHORIZED BY ORDINANCE NO. 5315; AUTHORIZING PAYMENT OF FINAL ESTIMATE NO. 31 A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, DATED JULY 7, 1959) IN THE AMOUNT OF $9,609.38, WITH PAYMENT FROM NO. 108 STREET FUNDS, PREVIOUSLY APPROPRIATED; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye The foregoing ordinance was passed by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye ORDINANCE NO. 5424 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI AS AGENT FOR AND ON BEHALF OF THE GOVERNMENTAL BODIES AND RAILROAD COMPANIES PARTICIPATING IN THE BASCULE BRIDGE RELO- CATION PROJECT, TO EXECUTE A CONTRACT TO PURCHASE FROM E. H. COLE CERTAIN RAILROAD RAILS, TIES, AND OTHER MISCELLANEOUS RAILROAD EQUIPMENT; APPROPRIATING $76,340.00 OUT OF BRIDGE REMOVAL AND RELOCATION BOND FUND NO. 230, PROJECT NO. 13-55-8; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye The foregoing ordinance was passed by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye 221 Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye ORDINANCE NO. 5+25 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A RELEASE OF SPECIAL ASSESSMENTS ON PROPERTY ABUTTING THAT PORTION OF LOUISIANA AVENUE ON WHICH STREET PAVING IMPROVEMENTS WERE NOT INSTALLED AS ORIGINALLY PLANNED UNDER THE REPORT OF THE DIRECTOR OF PUBLIC WORKS APPROVED BY ORDINANCE NO. 4762, AND PARTICULARLY THAT PORTION OF LOUISIANA AVENUE ABUTTING THE NORTH SIDE OF LOUISIANA AVENUE EXTENDING FROM OCEAN DRIVE TO ALAMEDA STREET AND THE SOUTH SIDE OF LOUIS- IANA AVENUE EXTENDING FRCM SANTA FE STREET TO DENVER STREET, A COPY OF WHICH RELEASE IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye The foregoing ordinance was passed by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye ORDINANCE NO. 5+26 AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND CN BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE RELEASE OF SPECIAL ASSESSMENTS AS FOLLOWS: (1) IN THE AMOUNT OF $250.3+ AGAINST THAT CERTAIN PROPERTY FRONTING 47 FEET ON THE WEST SIDE OF THIRTEENTH STREET, DESCRIBED AS BEING LOT 6, BLOCK 7, BAY VIEW #21 AND THE OWNER THEREOF LAWRENCE R. GRINAGE & WIFE MABEL GRINAGE: (2) IN THE AMOUNT OF $1583.11 AGAINST THAT CERTAIN PROPERTY FRONTING 145.84 FEET ON THE SOUTH SIDE OF UP RIVER ROAD, DESCRIBED AS BEING FREDERIC TRACT, AN ADDITION TO THE CITY OF CORPUS CHRISTI, TEXAS, AND THE OWNER THEREOF, W. & HELEN GARNETT MEYER: A COPY OF WHICH RELEASES ARE ATTACHED HERETO AND MADE A PART HEREOF, AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye The foregoing ordinance was passed by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye ORDINANCE NO. 5+27 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. 2266 PASSED AND APPROVED ON THE 4TH DAY OF MAY, 1948, APPEARING OF RECORD IN VOLUME 16, PAGES 339 ET SEQ OF THE ORDINANCE AND RESOLUTION RECORDS, AND AS AMENDED BY ORDINANCE NO. 48+6 ADOPTED ON THE 21ST DAY OF AUGUST, 1957, APPEARING OF RECORD IN VOLUME 26, PAGES 385 ET SEQ OF THE ORDINANCE -AND RESOLUTION RECORDS, BY AMENDING.THE ZONING.MAP BY CHANGING THE ZONING OF _LOT.E,:MT,. VERNON UNIT 2 ADDITION.::.:--- _:.. ::. .FROM "A-4" TOURIST COURT DISTRICT TO "B-1" NEIGHBORHOOD BUSINESS DISTRICT; KEEPING IN EFFECT ALL OTHER PROVI- SIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye The foregoing ordinance was passed by the following vote: Ellroy King Aye James L. Barnard Aye 222 Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye ORDINANCE NO. 5428 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. 2266 PASSED AND APPROVED ON THE 4TH DAY OF MAY, 1948, APPEARING OF RECORD IN VOLUME 16, PAGES 339 ET SEQ OF THE ORDINANCE AND RESOLUTION RECORDS, AND AS AMENDED BY ORDINANCE NO. 4846, ADOPTED ON THE 21ST DAY OF AUGUST, 1957, APPEARING OF RECORD IN VOLUME 26, PAGES 385 ET SEQ OF THE ORDINANCE AND RESOLUTION RECORDS, BY AMENDING THE ZONING MAP BY CHANGING THE ZONING OF LOT 10, BLOCK 5, WOODLAWN ESTATES, BEING THAT PROPERTY AT 1521 CLARE STREET, FRC14 "R-1" ONE FAMILY DISTRICT TO "B-1" NEIGHBORHOOD 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 by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye The foregoing ordinance was passed by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye ORDINANCE NO. 5429 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. 2266 PASSED AND APPROVED ON THE 4TH DAY OF MAY, 1948, APPEARING OF RECORD IN VOLUME 16, PAGES 339 ET SEQ OF THE ORDINANCE AND RESOLUTION RECORDS, AND AS AMENDED BY ORDINANCE NO. 4846 ADOPTED ON THE 21ST DAY OF AUGUST, 1957, APPEARING OF RECORD IN VOLUME 26, PAGES 385, ET SEQ OF THE ORDINANCE AND RESOLUTION RECORDS, BY AMENDING THE ZONING MAP BY CHANGING THE ZONING OF PROPERTY AT MORGAN AND 3RD STREETS FRCM "A-2" SECOND APARTMENT HOUSE DISTRICT TO "B-3" SECONDARY 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 by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye The foregoing ordinance was passed by the following vote: FIRST READING OF AN ORDINANCE: vote : Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye GRANTING TO HOUSTON NATURAL GAS CORPORATION AN EXTENSION FOR A PERIOD OF THIRTY (30) YEARS OF ITS PRESENT FRANCHISE TO CONSTRUCT AND OPERATE GAS PIPES AND MAMS, ALONG THE STREETS, AVENUES, ALLEYS AND PUBLIC PLACES OF THE CITY OF CORPUS CHRISTI, TEXAS, A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE AND INCORPOR- ATED THEREIN BY REFERENCE, AND DELETING CERTAIN SECTIONS THEREOF; MAKING SUCH FRANCHISE AS EXTENDED BINDING ON SUCH CORPORATION'S SUCCESSORS AND ASSIGNS; PROVIDING FOR ACCEPTANCE BY THE COMPANY; PROVIDING AN EFFECTIVE DATE; AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the first time and passed to its second reading by the following Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye 223 Mayor King announced that the Public Hearing on Parkdale Plaza zoning was next on the agenda. Mr. Walter Lewright, attorney for Parkdale Plaza Company, spoke concerning the reasons for the request to allow an extension of building in the shopping center, citing the fact that the request is not for re -zoning, since the property is already zoned for business, but the restrictions are placed upon the amount of the property on which building can actually be done. He stated that Parkdale Plaza had a parking ratio of 6:1, whereas the ratio almost universally accepted is approximately 2.5:1. If Parkdale is allowed to expand as requested, there will still remain a parking ratio. of 3:1. Mr. Lewright stated that the claim of the opponents to this expansion, that further development of Park - dale Plaza will destroy the downtown business area, is unsound, in that the deterioration of the downtown area had begun long before Parkdale was built, and that the bascule bridge bottleneck is largely responsible for the loss of business in the downtown area. He stated that the downtown merchants could increase their business by spending mon to improve their businesses, to advertise, and to make the area generally more attractive. Mr. Lewright stated that he feels that competition should not be a consideration in whether Parkdale is allowed to expand. Mr. Richard L. Nelson, President of Real Estate Research Corporation of Chicago, stated that in the sur- vey made by his company, it was indicated that if Parkdale continues to serve the same area in a satisfactory manner, there will be a need for an increase of almost 50% in the amount of space devoted to retail sales by 1965. He stated also that an increase will be needed in the entire city by that time, and not just in Parkdale Plaza, estim- ating an increase in business for all of Corpus Christi of at least $20,000,000.00 per year by 1965. Mr. Joseph Hans asked, with reference to a previous statement made by Mr. Nelson, what had caused the change in thinking which brought about an increase in the actual sales area ratio in five years. Mr. Nelson answered that the estimates on the number of shoppers as originally made had been correct, but that the estimates on necessary parking space had been a bit low. Mr. Howard E. Butt, owner of a chain of grocery stores, including one in Parkdale Plaza, spoke in favor of the expansion, stating that he did not believe an increase in shopping space in Parkdale would be detrimental to the downtown area. 0 Mr. Morris L. Lichtenstein, President of Lichtenstein's, Inc., owner of three stores in Corpus Christi, one of which is in Parkdale, stated that he is in favor of granting the requested extension, stating that the mer- chants themselves are to blame for the deplorable condition of the downtown area in their failure to keep their property in good condition. Mr. Minor Culli, owner of four camera stores in Corpus Christi, one of which is in Parkdale, stated that the business done in his Parkdale store has had no effect on the three stores operated in other parts of town. He stated that the national trend is toward more outlying shopping centers. He also stated that the downtown area has been hurt by the merchants and the owners of buildings, and that the move to the south in the downtown area is part- ly responsible, but that these things should not be a consideration in Parkdale. There were no other speakers in favor of this expansion -request. Mr. Hayden Head, attorney, identified himself as Chairman of the Corpus Christi Business Area Stabiliza- tion Committee, and stated that their request is that the City await an impartial survey which is planned to be made by Harland Bartholomew and Associates of St. Louis, Missouri, before taking any action in allowing the Parkdale ex- pansion. He cited the number of vacant business buildings in the downtown area, and stated that further expansion of Parkdale is not to the benefit of Corpus Christi as a whole, and should not be allowed until the survey to be made by Bartholomew has been completed. Mr. Head exhibited pictures of vacant buildings, stating that tax valuations will of necessity be reduced, thereby increasing the tax load on all citizens of Corpus Christi. He stated that free enterprise has always been restricted where necessary. He said a short delay now would hurt no one, but that precipitate action now, if wrong, could not be corrected. His plea is that the problem be recognized for what it is, and then that all work together 224 for the prosperity of,all the people in Corpus Christi. Mr. Lewright, in rebuttal, said the pictures confirm the statement that downtown merchants must spend money to modernize and attract business, and that Parkdale must not be deprived of the right to use the land as zoning allows. R Mr. Nelson stated that his firm has the responsibility of deciding how much area is needed to properly serve the community, and that Harland Bartholomew and Associates must decide where it is to be. He said that Corpus Christi needs a program for downtown improvement very badly, and that the reasons are more far-reaching than retail business. Mr. M. B. Reasoner, Vice -President of H. E. B., moved to strike out the remarks made previously with reference to an application of that company for zoning, but withdrew the motion. Motion by Joseph B. Dunn, seconded by Airheart, and passed, that all persons apparently having been heard, that the hearing be closed, and that the meeting be recessed for a discussion on this matter. Meeting reconvened at 6:00 p.m. Mayor King announced that the Council desires to uphold the recommendation of the Zoning & Planning Commission, made April 27, 1959, that Parkdale Plaza Company be allowed to increase its building area, the wording of this contractual arrangement to be substantially as follows: "That the Parkdale Plaza Company plat be amended to read substantially in this manner:. that the use of this land is restricted so that not in excess of 300,000 square feet of land will be occupied by building or buildings, including the 25,000 square feet occupied by a miniature golf course, and all such buildings shall be located within the building lines as shown; that the City of Corpus Christi, Texas, shall have the right to enforce this restriction by injunction or other legal remedy." Mr. Head then announced that, in view of the action taken by the Council to grant this expansion, he would like to withdraw his petition that the survey be made by Harland Bartholomew and Associates. Mayor King stated that that would be allright, but that the City had already intended to have the Zoning Map and Use Map studied for other reasons than the petition, and that the City will employ Harland Bartholomew and Associates according to contract. In answer to ari-invitation by Mayor King for anyone in the audience with a petition or matter for the Council, not on the agenda, to come forward and be heard, Mr. E. C. Tipton, 318 Waverly Drive, spoke concerning the Contra Oso contract, and asked the Council not to grant the requested one year extension of the Oso Development Company/for study of the area. There being no further business to come before the Council, the meeting was adjourned. THE STATE OF TEXAS COUNTY OF NUECFS NOTICE OF SPECIAL MEETING CITY OF CORPUS CHRISTI TO THE MEMBERS OF THE CITY COUNCIL, THE CITY MANAGER, THE CITY SECRETARY AND THE CITY ATTORNEY TO THE CITY OF CORPUS CHRISTI, TEXAS: NOTICE is hereby given that a special meeting of the City Council of the City of Corpus Christi, Texas, will be hled in the City of Corpus Christi, Texas, in the Council Chamber of the City Hall, at 7:30 o'clock P. M. on the 21st day of July, 1959, for the purpose of consideration of a motion filed May 25, 1959, for re -hearing of the rate schedule for Southwestern Bell Telephone Company; and such other business as may properly come before the Council. DATED this the 21st day of July, 1959- /s/ Ellroy King ELLROY KING, Mayor City of Corpus Christi, Texas 225 CONSENT TO MEETING We, the undersigned members of the City Council, the City Manager, the City Secretary and the City At ney of Corpus Christi, Texas, hereby accept service of the foregoing notice, waiving any and all irregularities in such service and consent and agree that said meeting shall be at the time and place therein named and for the purpose therein stated. Isl James L. Barnard DR.JAMES L. BARNARD Isl Mrs. Ray Airheart MRS. RAY AIRHEART Isl Joseph B. Bunn JOSEPH B. DUNN Isl Herbert W. Whitney HERBERT W. WHITNEY City Manager PRESENT: Mayor Ellroy King Commissioners: Dr. James L. Barnard Mrs. Ray Airheart Joseph B. Dunn Patrick J. Dunne R. A. Humble Gabe Lozano, Sr. Isl Patrick J. Dunne PATRICK J. DUNNE s1s R. A. Humble R. A. HUMBLE /s/ Gabe Lozano, Sr. GABE LOZANO, SR. Isl I. M. Singer 1. M. SINGER City Attorney Is/ Doris Francis DORIS FRANCIS Acting City Secretary SPECIAL COUNCIL MEETING July 21, 1959 7:30 P. M. City Manager Herbert W. Whitney City Attorney I. M. Singer Acting City Secretary Doris France s Mayor Ellroy King called the meeting to order and announced the purpose of the meeting. Motion by Pat Dunne, seconded by Humble, and passed that Doris Francis be appointed Acting City Se during the absence of T. Ray Kring, City Secretary. Mayor King announced that there was no prepared agenda for this meeting, that the Council had no pre- conceived ideas as to the meeting, and that if the representatives of the telephone company were ready to present their facts in support of a rate change, the Council would hear from them at this time. John Mobley, attorney representing the Southwestern Bell Telephone Co., asked for a clarification as to whether this was a hearing on whether or not the Council was going to grant the motion, or a hearing on whether or not the telephone company was entitled to an increased rate. There followed a discussion, after which, upon advice of City Attorney Singer, Mayor King directed that the record reflect the purpose of this meeting was to consider the telephone company's motion for a re -hearing. John Mobley briefly reviewed the sequence of events from October, 1957, when the telephone company first requested an increase in rates, up to the filing of a motion for re -hearing on May 25, 1959• He stated that the present rate ordinance does not allow the company a fair return upon the fair value of its property used and use- ful in providing local telephone service; that said ordinance was adopted without a hearing upon the current operations of the company; and that said ordinance is based upon 1957 earnings alone and does not reflect the current earnings of the company or take into account prospective earnings for the immediate future. Mr. Mobley filed with the Acting City Secretary, and gave some explanation of, Exhibit I, Summary of Operating Results Re- flecting Proposed Rates, Year 1960; Exhibit II, Answers to Ten Requests of the City for Additional Information transmitted by letter dated June 22, 1959, signed by I. M. Singer, City Attorney; and Exhibit III, copy of a lett to Mr. Stan Bell, Southwestern Bell Telephone Co., signed by Alton T. White, Jr., Tax Assessor & Collector, dated July 16, 1959, containing values of all the properties of the telephone company within the city limits as of 22€i December 13, 1958) as rendered for taxes. Mr. Mobley stated that if the figure rendered for taxation was used as 50%, for convenience sake, of the property value, and the figure of $2,555,466 was added, as- a net expenditure before the end of 1960 for work absolutely necessary to maintain service in Corpus Christi, the result would be a figure well over $20,000,000, and if even the lowest rate of return of 6.3% as testified to by Dr. Richardson at the trial was applied, it would be apparent that a higher return than that produced by the present ordinance is justified. He stated that the company feels entitled to a higher rate of return, but that possibly the answer was somewhere between the schedule fixed by the City Council and the schedule the company has requested, and that if it equalled a minimum of Dr. Richardson's testimony, it would be at least a minimum of what the company could ex- pect under the law. Various members of the Council and the City Staff asked questions of Mr. Mobley and Mr. Bell, represent- ing the telephone company, which the Council deemed pertinent to their deliberation on the motion of the telephone Company for a re -hearing. Mr. Mobley stated that if such questions were submitted in writing, that written answer would be furnished at a later date. Commissioner Barnard asked if it was not a fact that early in 1959, the exact date he did not know, the telephone company did agree in a meeting with the previous Council, and proposed rates substantially the same as the rates that the Council passed in the last ordinance. Mr. Bell replied: "Well, I'll agree that there was at one time during negotiations a schedule of some $791,000. But I would like to ask, was it your understanding at the time, that if we did agree to any gross lump sum of money that it carried with it on our part any commitment to do certain things such as a test period on those rates or an accelerated construction program, was there any commitment with it at all?" Commissioner Barnard answered that there was no commitment stated .in the minutes. Mr. Bell replied: "I am sure there wasn't." Due to the nature of the special Council meeting, members of the audience were not invited to partici- pate in the questioning. Motion by Joseph B.Dunn, seconded by Pat Dunne, and passed, that the Council recess to discuss the mat- ter before the Council, and then reconvene. After a brief -recess, the meeting was reconvened. Motion by Barnard, seconded by Joseph B. Dunn, and passed, that the telephone company's motion for a re -hearing be denied. Motion by Airheart, seconded by Barnard, and passed, that the special meeting be adjourned. PRESENT: Mayor Ellroy King Commissioners Dr. James L. Barnard Mrs. Ray Airheart Joseph B. Dunn Patrick J. Dunne R. A. Humble Gabe Lozano, Sr. REGULAR COUNCIL MEETING July 22, 1959 2:00 P. M. City Manager Herbert W. Whitney City Attorney I. M. Singer Acting City Secretary Doris Francis Mayor Ellroy King called the meeting to order. The Invocation was given by Commissioner James L. Barnard, in the absence of the invited Guest Chaplain. Acting City Secretary Doris Francis called the roll of those in attendance. Motion by Humble, seconded by Pat Dunne, and passed, that the minutes of the regular meeting of July 15, 1959, be approved. Mayor King announced the opening of bids. Bids were opened and read on Westside Sewer Trunk Main, Unit III, from the following:' 22'7 Heldenfels Brothers T. H. Lee Scrivner & Richardson Motion by Barnard, seconded by Airheart, and passed, that the foregoing bids be tabled for 48 hours, as required by the City Charter, and referred to the City Manager for tabulation and recommendation. Bids were opened and read on a twelve-month supply and alternate six-month supply of Water Treating Chemicals, from the following: Aluminum Company of America The American Agri. Chemical Co. Austin White Lime Company Barada & Page, Inc. Blockson Chemical Co. Columbia -Southern Round Rock White Lime Henry Sundheimer Thompson -Hayward Chemical U. S. Gypsum White Stone Lime Motion by Pat Dunne, seconded by Barnard, and passed, that the foregoing bids be tabled for 48 hours, as required by the City Charter, and referred to the City Manager for tabulation and recommendation. Bids were opened and read on fuel requirements for the period August 1, 1959, through October 31, 1959, from the following: Ada Oil Company Crystal Petroleum Company Gulf Oil Corp. Humble Oil & Refining Co. Magnolia Petroleum Co. Stephens Oil Co. Susser Petroleum The Texas Company Motion by Humble, seconded by Joseph B. Dunn, and passed, that the foregoing bids be tabled for 48 hours, as required by the City Charter, and referred to the City Manager for tabulation and recommendation. Mayor King next announced that the order of business would be changed from the listing on the Agenda, the Council would hear the report on the Budget for 1959-60, in connection with General Government, Public Safety, Health and Welfare, Library, and Parks and Recreation. City Manager Whitney stated that this budget is not to be considered as final, but as being proposed to the Council for study. He stated that the proposed budget is designed to continue operations at generally the same level of services as carried on in the current year, and briefly reviewed the departmental reports, and ex- plained any major increases. Mr. Jack Davis asked if the proposed budget is the operating budget, commented on the condition of present equipment, and the shortage of spraying machines, and asked whether additional equipment would require another employee to operate it. City Manager Whitney answered that it is the operating budget, and that provision has been made for operation of the equipment. Mrs. George Derry, Chairman of the Library Board, stated that the Board feels that there are three or four items that should be considered in the Library budget, for the best interests of the Library, and introduced Mrs. Burson and Mr. Leslie Lockett to explain these needs. Mrs. Phyllis Burson, Librarian, quoted figures on the growth of the Library within the past year as to book circulation and number of users. Leslie Lockett, member of the Library Board, explained the need for four items cut from the proposed budget - salaries, with particular reference to the Junior Library Aides, Grade 2; unbound periodicals, office supplies, and new books. Mr. Lockett stated that a new Bookmobile was needed, as the present one is 10 years old and almost beyond repair. He cited the need for storm shutters and stated that the bracing, as provided for in the budget, is not sufficient protection in the event of a tropical storm. Mrs. Jim Naismith, member of Friends of the Library, and Betty Solovey, Chairman of the Children's Com- mittee and in charge of the story -telling department, spoke of the need for the new Bookmobile and additional 228 Mrs. W. Armstrong Price, Chairman of the Park & Recreation Board, spoke particularly bf the development of Brawner Parkway under bond funds, the present lack of personnel to care for theparks, and the need for new mow- ing equipment. Mr. Wayne Stevenson, resident, spoke of the unsanitary condition of Price Park, due to standing water, and need for leveling the groamd so it can be mowed for we%d control. Mr. Bill Witt, Director of Parks and Recrea- tion, supported Mr. Stevenson in his statements. Mrs. Henry Kerber, President of the Corpus Christi Beach Women's Association, spoke of the need for an addition to the recreation building for entertaining tourists in the winter. Mr. Jack Davis, owner of Gulfview Trailer Park on Corpus Christi Beach, substantiated the statements of Mrs. Kerber, and emphasized the need for entertainment facilities on Corpus Christi Beach. Everyone present wishing to speak having been heard, Mayor King stated that the Council would give con- sideration to all these requests in the study of the budget, and announced that the hearing on this portion of the proposed budget was now closed. Mayor King next announced that the Council would hold the Public Hearings on five applications. First.was the application of Guaranty Title & Trust Company to close all that portion of John Street lying between Blocks 3 and 4, John G. Hatch Addition, and extending from the eastern boundary of Port Avenue to western line of the San Antonio, Uvalde & Gulf Railroad. Mr. Tom McMillan of Guaranty Title & Trust appeared, to request a postponement of this hearing for two weexs, stating that circumstances have changed since the application was made. Mr. Dave Coover, representing the tenant on both sides of the subject street, opposed the closing, as it would create a serious drainage problem. Mayor King read the City Manager's recommendation that the street not be closed, because of the drainage, and because it is an,access road to other public facilities. Commissioner Joseph B. Dunn suggested that, after all speakers had been heard, the action of the Council be deferred, the matter taken under advisement, and the decision of the Council announced later. Commissioner Humble stated that it did not appear to be in the public interest to close the street, that action should be taken now, and moved that the application be denied. There was no second to the motion. At this point, Mr. McMillan withdrew his application for the closing of the street, Commissioner Humble withdrew his motion, and no action was taken. Next was the application to change the name of Harrison Street to Breezeway, between Alameda and Santa Fe Streets. No one appeared to speak for or against the application. Motion by Barnard, seconded by Humble, and passed, that the request be approved, and the name of the street changed as recommended by the Zoning and Planning Department. Next was the application of'Eleanor Kelly, et al, to change the zoning of Lots 11 2, 3, 4, 5, and 6, Block 9, and Lots 15, 16, 17, and 18, Block 4, Bayview Addition No. 2, from "R-2" Two Family Dwelling District to "B-1" Neighborhood Business District. I Mr. Bob Burr, of the Zoning and Planning Office, located the property on the zoning map and gave a his- tory of the application. He stated that the recommendation of the Zoning and Planning Commission is that.the cation be conditionally approved subject to a replat of all the properties involved, showing adequate building lines providing a minimum 60 -foot set back for required parking, controlled entrances and exits over the total areas involved and maintaining the alleys for service, and the stipulation that no property shall be used for business until the structure conforms to the established 60 -foot building line. Mr.'Lev Hunt, attorney for the property owners, stated that a re -platting should not be necessary where the area is already platted; that parking space off the street is available, and that the addition of a 60 -foot building set -back would be the only change in the plat; that such a set -back would cut the property roughly in II 229 half, leaving the property owners only a 72 -foot depth for their use; and that the entire surrounding area has changed from residential to business uses. Mr. L. H. Gross, President of Guaranty Title and Trust Company, owner of Lot 3, Block 9, and representa- tive of another owner, stated a 60 -foot set -back line on a 132 foot lot amounts to confiscation, and said owners would probably agree to a 30 -foot set -back. No one appeared to oppose the application. Motion by Humble, seconded by Barnard, and passed, that the -hearing be closed, the Zoning and Planning Commission be upheld, and the request be approved subject to the filing of the re -plat. Next was the application of Katie Koepke, et al, to change the zoning of'a portion of Block 82, Brooklyn Addition, being located on the West side of Avenue D. between Burleson and Custom Streets, from "A-2" Tourist District to "B-3" Secondary Business District. Mr. Burr Located the property on the Zoning Map and Use Map, and stated that the recommendation of the Zoning and Planning Commission is to deny the re -zoning until such time as a study is made of the entire Beach area. Mr. Paul Koepke, real estate appraiser and member of the American Institute of Appraisers, stated that since at least one zoning change had been made on Corpus Christi Beach without the proposed study, he did not feel this request should be required to await the study, particularly since such study would have little or no effect o this particular area; and called attention to the fact that the property is on the main access road for south-boun traffic into the city from the highway. He stated the owners have plans for a service station, and for signs on the back of the property, the signs being the reason for the request for "B-3" rather than "B-1" zoning. There were no speakers in opposition to the request. Motion by Barnard, seconded by Airheart, and passed, that the hearing be closed, the application be ap- proved, and re -zoning be granted as requested. Next was the application of R. Ballard, et al, to change the zoning of a tract of land out of Lot 12, Section A of the Paisley's Subdivision of the Hoffman Tract, generally described as being that property fronting 200' along the south side of Gollihar Road beginning at a point 140' east of Weber and 330' in depth, from "R-1" One Family Dwelling District to "B-1" Neighborhood Business District. Mr. Burr located the property on the Zoning Map; gave a history of the application; pointed out that the iback. of the lots involved are already zoned for business; and that the previous recommendation of the Zoning Planning Commission was that 190 feet of neighborhood business zoning be approved as an addition to the existing area, subject to a proper plat providing access to Gollihar Road, showing proposed building lines and maintaining the established 3:1 parking ratio. He stated that the recommendation of the Zoning and Planning Commission is that the application on the original area be denied by reason of the depth involved interfering with other residen- tial properties. Mr. Faires Wade, attorney, stated that the plan of the owners is to back the business district up aga the gas delivery point. He stated that the owners need 170 to 180 feet of depth in order to build a center which would include a drug store,,a four -doctor clinic, and possibly a restaurant. All parking space would be off-stre, The proposed buildings could not be arranged on the property in any other way to the satisfaction of the proposed tenants, without the additional land as requested in this zoning application. Mr. Jack Turner, architect, presented an architectural drawing of the proposed development, and pointed out that the proposed buildings would be asset to the surrounding area. Mr. Grady St. Clair, one of the petitioners, urged the granting of this application. Those who spoke in opposition to this zoning were Guy Nunnally, of the Continental Oil Company; Don Mc- Clure,of Turner Oil Company; and Mr. Snapka, owner of Snapka's Drive -In on Weber Road. Commissioner Humble moved that the matter be deferred for study. There was no second to the motion. 230 Motion by Barnard, seconded by Lozano, and passed,'that the hearing be closed and the application be approved, subject to the applicant's filing a plat approved by the Zoning and Planning Commission. Mayor King next announced the Council would hear the City Manager's reports. Motion by Barnard, seconded by Pat Dunne, and passed, that the City Manager's reports be approved, rela- tive to the following: a. That the City Manager be authorized to advertise for bids to be received August 5, 1959, for 40,500 feet of Copper Tubing ranging in size from 3/4" to 2"; b. That the City Manager be authorized to advertise for bids to be received August 5, 1959, for 30,000 feet of 2" and 20,000 feet of 4" Bare Steel Pipe ; C. That the City Manager be authorized to advertise for bids to be received August 5, 1959, for lease of office space at Cliff Maus Airport Terminal Building, presently occupied by Hertz Car Rental; d. That award of bid on Blueprint Service for a six-month period from August 1, 1959, through January 31, 1960, be made to Nixon Blue Print Company, for 24,704 sq. ft. Direct Prints @ $0.08; 5,000 sq. ft. Blue Prints @ $0.05; 784 sq. ft. Blue Lines @ $0.15; 173 sq. ft. Film Neg. or Pos. @ $2.00; 120 Sq. ft. Vellum Positive @ $0.90; 500 sq. ft. Sepias @$0.20; 500 sq. ft. Van Dykes @ $0.20; 216 sq. ft. Cloth Blue Lines @ $0.40; 222 sq. ft. Autopositives @ $0.90; 862 PHOTOSTATS: 82 x 11 @ $0.30; 82 x 14 @ $0.40; 12 x 18 @ $0.65; 14 x 18 @ $0.80; 18 x 24 @ $1.05; (See Bid Tabulation #32 in File) e. That award of bid on Street Construction materials be made as follows: To White's Uvalde Mines for 700 Tons Rock Asphalt, Type "A", @ $4.71 per ton; 800 Tons Rock Asphalt, Type "CCC", @ $4.71 per ton; and for 3,150 Tons Precoated Aggregate, Grade 2P, @ $4.04 per ton; To Uvalde Rock Asphalt Co. for 31000 Tons Rock Asphalt, Type "B", @ $4.72 per ton, and 315 Tons Precoated Aggregate, Grade 1P, @ $4.05 per ton; To Corpus Christi Shell Company for 5,000 Cu. Yds. Shell @ $0.99 cu. yd.; and to Billy Moore Trucking for 23,000 cu. yds. Calishe: 16,000 cu. yds. to jobsite @ $2.24 cu. yd., and 6,500 cu. yds. to stockpile @ $2.08 cu. yd. (See Bid Tabulation #33 in File); that the bids on OA -175 Asphalt, MC -1 Asphalt, and RC -2 Asphalt be rejected, and that the City Manager be authorized to re -advertise for bids to be received August 5, 1959, for these three items; f. That lease of 32 acres of farm land in South Guth Park be made to Adolph Marek, for one year at a bonus of $1.00 per acre; g. That August 12, 1959, be set as the date for Public Hearing on an application for the closing of a portion of Avenue F and Garner and Vine Streets, Brooklyn Addition; h. That a time extension of three (3) days be granted to Price Construction Company on the Air -Condi- tioning of Memorial Coliseum, by reason of three (3) days of inclement weather during the month of June, 1959;' i. That the City accept assignment of liens on the following homesteads in connection with the Alameda Street Improvements: Herman J. Rowe, Lot 1, Block 13, Windsor Park No. 3, $650.97; Norman L. Rouggly, Lot 40 in Block 13, Windsor Park No. 4, $650.97; Joe'E. Brockett, Jr., Lot 1, Block 16, Windsor Park No. 3, $650.97; Paul R. Howard, Lot A, Block 2, Alameda Estates No, 1, $1,083.83; Frances Julia West, the Southeast 1/2 of Lot'2-A, Block 2, Alameda Estates No. 1, $690.65; R. C. Littleton, Lot 1, Block 1, Alameda Estates No. 1, $1155.29; J. That the request of Oso Development Associates, Inc., for a one -year -extension of their contract be denied, for reasons set forth in the following recommendation of the City Manager: "On June 29, 1959, the Oso Development Associates, Inc., requested the City Council to grant them a 12 -month extension of the -existing contract. On July 20, 1959, in response to a request from the City, the Oso Development Associates furnished certain engineering data, including a summary report from an engineering firm, a sub -surface investigation report from a testing laboratory, and a preliminary cost estimate on a proposed bridge across the Oso Channel. A study of this engineering data and an analysis of the existing contract between the City and the developers indicate certain discrepancies which appear to be unfavorable to the City's interest. Among the points to be considered are the following: 1. The engineer's report assumes that the subject area will be built up to a ground sur- face elevation of approximately � 9', whereas under the terms of the contract the developers are only obligated to fill this area to a minimum of � 5' elevation above mean high tide. 231 2. Neither the engineering report nor the existing contract take cognizance of the fact that the effluent from the Oso treatment plant flows into the area to be occupied by the proposed 70 -acre lake, from whence it would discharge into the Bay through the connecting canals and channel. Despite the degree of treatment attained, it is felt that the psy- psydholocigal::effect=-Q,f=:discharging sewage effluent into the lake will -be detrimental to the project, and on those occasions where it becomes necessary to bypass the treatment plant, the situation would become intolerable. This would probably result in the City being forced to expend a large sum of money to provide a discharge line from the treatment plant to a point in the Bay, or to find some other means of disposing of this effluent. 3. The City has a 10" water line and an 8" force sewer line crossing the Oso area in the vicinity where dredging operations are proposed and it is probable that these lines would have to be lowered or relocated. The contract is silent as to who would bear the expense of this work, although the intent of the contract appears to be that such costs would be the responsibility of the developer. 4. The preliminary cost estimate of the proposed bridge is apparently based on provid- ing a 16' clearance above water level whereas the contract specifies the bridge shall have a minimum clearance of 20' above mean high tide. A detailed design should be devel- oped for this proposed bridge in order that the estimated cost can be more closely deter- mined. 5. The contract provides that the main channel will be excavated and the fill in Unit I constructed in a "workmanlike manner" so as':.to prevent any sloughing of the fill that has been placed. In view of the uncertain soil conditions as described in the engineering data furnished it is felt that a detailed engineering plan should be prepared to prevent damage to the proposed canals and adjacent property from sloughing, erosion, settlement and wave action. The contract provides that the City shall have responsibility for the design, construction and maintenance of the channel within the right-of-way of Ocean Drive and further provides that the main canal from Corpus Christi Bay leading into the 70 -acre lake shall be dedicated as a public waterway. No mention is made in the contract as to who would be responsible for maintaining the canals once the area is developed and disposed of to individual property owners. The cost of maintaining these canals could be an extensive and continual expense unless adequate protective measures are provided. CONCLUSIONS• If a further time extension is granted by the City as requested, such action would imply that the City Council feels that the existing contract provides adequate protection of the City's interest. It is, therefore, recommended that the request made by the Oso Develop- ment Associates, Inc., for a 12 -month extension of the existing contract be denied. If the Council feels that there is merit in the proposed general plan for this type of development, then consideration could be given to negotiating a new contract, either with the Oso Development Associates, Inc., or with some other interested parties." The proposed ordinance authorizing the granting of additional area to the Parkdale Plaza Company was read, but action was deferred to permit correction of wording, for the purpose of clarification. Dudley Foy, -,:a ney, was present, representing Parkdale Plaza Company. ORDINANCE NO. 5+30 AMENDING THE CITY CODE OF THE CITY OF CORPUS CHRISTI, TEXAS, BY ADDING SECTION 19-33A REGULATING THE DUMPING OR DEPOSITING OF DIRT OR OTHER FILL MATERIALS IN THE CITY OF CORPUS CHRISTI BY REQUIRING A PER- MIT, AND PROVIDING FOR CERTAIN EXCEPTIONS; AND AMENDING THE CITY CODE OF THE CITY OF CORPUS CHRISTI, TEXAS, BY ADDING SECTION 18-41.A, DESIGNATING INSPECTION SECTION OF THE DEPARTMENT OF PUBLIC WORKS RESPON SIBLE FOR ISSUING PERMITS TO DUMP OR DEPOSIT DIRT OR OTHER FILL MATERIALS, AND ESTABLISHING CERTAIN PREREQUISITES FOR THE ISSUANCE OF THE PERMIT; PROVIDING FOR PENALTY FOR VIOLATION CONTAINING A SEVERABIL ITY CLAUSE, PROVIDING FOR PUBLICATION AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye The foregoing ordinance was passed by the following vote: Ellroy King James L. Barnard Mrs. Ray Airheart Joseph B. Dunn Patrick J. Dunne R. A. Humble Gabe Lozano, Sr. Aye Aye Aye Aye Aye Aye Aye ORDINANCE NO. 5431 AMENDING SECTION 38-6 OF THE CORPUS CHRISTI CODE, 1958, BY AMENDING THE 13TH PARAGRAPH THEREOF ENTITLED "SECURITY FOR THE PAYMENT OF BILLS AND PERFORMANCE OF OTHER OBLIGATIONS BY CUSTOMER" TO PROVIDE FOR A MINIMUM DEPOSIT OF NOT LESS THAN $7.50 PER METER; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: 232 Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne, Aye R. A. Humble Aye Gabe Lozano, Sr. Aye The foregoing ordinance was passed by the following vote: . Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye SECOND READING OF AN ORDINANCE: vote: GRANTING TO HOUSTON NATURAL GAS CORPORATION AN EXTENSION FOR A PERIOD OF THIRTY (30) YEARS OF ITS PRESEY.. FRANCHISE TO CONSTRUCT AND OPERATE GAS PIPES AND MAINS, ALONG THE STREETS, AVENUES, ALLEYS AND PUBLIC PLACES OF THE CITY OF CORPUS CHRISTI, TEXAS, A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE AND INCORPOR- ATED THEREIN BY REFERENCE, AND DELETING CERTAIN SECTIONS THEREOF; MAKING SUCH FRANCHISE AS EXTENDED BINDING ON SUCH CORPORATION"S SUCCESSORS AND ASSIGNS; PROVIDING FOR ACCEPTANCE BY THE COMPANY; PROVIDING AN EFFECTIVE DATE; AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the second time and passed to its third reading by the following Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye No one appeared in answer to Mayor King's invitation to anyone in the audience with petitions or informa tion for the Council on matters not scheduled on the agenda to come forward and be heard. Mayor King read a petition, signed by property owners and residents of Thomas Drive, requesting that the street be hard surfaced. (See Petition #19 in File) Motinn by Barnard, seconded by Humble, and passed, that the petition to hard surface Thomas Drive be referred to the City Manager for study and recommendation. There being no further business to come before the Council, the meeting was adjourned. PRESENT: Mayor Ellroy King Commissioners: Dr. James L. Barnard Mrs. Ray Airheart Joseph B. Dunn Patrick J. Dunne Gabe Lozano, Sr. REGULAR COUNCIL MEETING July 29, 1959 2:00 P. M. City Manager Herbert W. Whitney City Attorney I. M. Singer Acting City Secretary Doris Francis Mayor Ellroy King called the meeting to order. The Invocation was given by Reverend Voight K. Kleckley, of St. Stephen's Lutheran Church. Acting City Secretary Doris Francis called the roll of those in attendance. Motion by Joseph B. Dunn, seconded by Pat Dunne, and passed, that the absence of Commissioner R. A. Humble be excused, due to Grand Jury duty. Motion by Barnard, seconded by Pat Dunne, and passed, that the minutes of the regular meeting of July 22, 1959, be approved. Mayor King announced that the Council would hear the City Manager's reports. Motion by Pat Dunne, seconded by Barnard, and passed, that the City Manager's requests and recommenda be approved, relative to the following; a. That the City Manager be authorized to advertise for bids to be received on August 12, 1959, on Laundry Service for Linens at the nine local Fire Stations foY a 12 month period beginning August 28, 1959; 233 b. That the City Manager be authorized to advertise for bids to be received on August 12, 1959, on Meter Boxes and Manhole Rings and Covers; C. That the bids received on July 15, 1959, for reinforced concrete pipe, be rejected, and that the City Manager be authorized to re -advertise for bids to be received for such pipe on the basis of new amounts re- quired; d. That award of bid on Fuel Requirements be made as follows: To Magnolia Petroleum Company for ap- proximately 45,000 gallons per month of regular gasoline @ $0.1539, and approximately 5,000 gallons per month of Diesel fuel @ $0.1045; to Susser Petroleum for approximately 2,500 gallons per month of premium gasoline @ $0.1831 per month and to Ada oil Company for approximately 4,500 gallons/of kerosene @ $0.1150; (See Bid Tabulation #34 in File) (In regard to the award for regular gasoline, due to identical bids of Magnolia Petroleum Company and The Texas Company, Magnolia Petroleum Company was selected by lot, drawn by Jack Gray, 3922 Marion Circle, a Boy Scout in the audience.) e. That award of bid on Water Treatment Chemicals be made as follows: To Aluminum Company of America for 3,395 Tons Calcium Oxide (Quicklime) Pebble for filter plants, @ $15.00; to Barada & Page, Inc., for 1,700 Tons Ferrous Sulfate (Copperas) for filter plants, @ $47.00; 100 Tons Sodium Silico Fluoride (Sodium Fluosilicate) for filter plants, @ $152.80; and 152,500 Lbs. Ferric Chloride for sewer plants @0tll79 ;to Columbia Southern Chemical Corporation for 797 Tons Liquefied Chlorine for Filter plants, @ $81.00, and 208 Tons Liquefied Chlorine for Sewer plants @ $81.00; and to Whitestone Lime Company for 310 Tons Hi Calcium Hydrated Lime for sewer plants, @ $21.25; (See Bid Tabulation #35 in File) (Commissioner Airheart stated that she abstained in the vote on award of Water Treating Chemicals to Columbia -Southern, by reason of the fact that her husband is employed by that firm.) f. That the contract for Unit III, Westside Sewer Trunk Main, Project No. 8-54-9.3, be awarded to Heldenfels Brothers, on a bid of $625,176.91; C; g. That, because the property involved, Block 115, Brooklyn Addition, is zoned "B-1" Neighborhood Business District, and overhead storage tanks can only be erected on property zoned for heavy industry, the appli- cation of Humble Oil & Refining Company for Special Council Permit to erect such overhead storage tanks on the subject property be denied as being beyond the existing authority of the Council; h. That amended plans changing location of interchange railroad yard from the south side to the north side of the Ship Channel be approved, subject to approval of Corps of Engineers. 1959-6o. Mayor King announced that next on the agenda was the public hearing on the Budget for the fiscal year City Manager Whitney briefly summarized the budget and stated that some items previously deleted had been replaced. He stated that three principal changes are: (1) a 15% increase in sewage charges; (2) a slight increase in garbage collection charges, ranging from ten cents (lid¢) per month for residential users, to propor- tionate increases for other categories; and (3) a seven cent (7¢) increase in City taxes, from the previous rate of $1.46 per $100 valuation to $1.53 per $100. Mayor King stated that Corpus Christi still ranks third lowest in tax rates, out of twelve comparable Texas cities, even with the tax increase. Mrs. W. Armstrong Price spoke with reference to the budget for the Parks and Recreation Department. Mr. Clifford Cosgrove, 2625 Riggan, objected to the proposed tax increase, on the basis of hardship already caused by increased cost of living. Mr. Drew Harrison, 4106 Brawner Parkway, and Mr. H. Hardin, 4110 Brawner Parkway, requested that grass be planted, to stop erosion, dust, and weeds,'in the Brawner Parkway area between Alameda and Staples. Mayor King suggested that they attend the next meeting of the Parks and Recreation Board to make their request known to the Board. 234 Jack Gray, 3922 Marion Circle, a Boy Scout, asked what it costs to operate the City for a year. City Manager Whitney told him the amount is approximately $14,000,000.00, of which, this year, about $5,267,000.00 will be derived from tax revenue, and the remainder is derived from revenues from utilities and other services s by the City. All persons wishing to speak having been heard, Mayor King announced that the hearing on the budget was closed. THIRD READING OF AN ORDINANCE: ORDINANCE NO. 5432 AN ORDINANCE GRANTING TO SOUTHWESTERN OIL AND REFINING COMPANY AN EXTENSION FOR A PERIOD OF FIVE (5) YEAR OF THE PRESENT FRANCHISE TO LAY, CONSTRUCT, OPERATE, MAINTAIN, REPAIR AND REMOVE A PIPE LINE 2" IN DIAME- TER FOR THE TRANSPORTATION OF BUTANE ALONG THE WEST BOUNDARY LINE OF THE RIGHT-OF-WAY OF NUECES BAY BOULE VARD WITHIN THE CITY OF ,CORPUS -CHRISTI, -TEXAS, READ AND .FINAI,I,Y ;PASSED ON JUNE 23, 1954, AND BEING ORDIN- ANCE NO. 3791, RECORDED IN VOLUME 22 AT PAGE 380 OF THE ORDINANCE RECORDS OF THE CITY OF CORPUS CHRISTI; MAKING SUCH FRANCHISE AS EXTENDED BINDING ON THE GRANTEE'S SUCCESSORS AND ASSIGNS; PROVIDING FOR ACCEPT- ANCE BY THE GRANTEE; PROVIDING AN EFFECTIVE DATE; AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the third time and passed finally by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Absent Gabe Lozano, Sr. Aye THIRD READING OF AN ORDINANCE: ORDINANCE NO. 5433 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A FARM LEASE AGREEMENT WITH BERNARD ZAROSKY COVERING TWO TRACTS OF LAND: (1) A TRACT OF TEN (10) ACRES OF FARM LAND, AND (2) A TRACT OF 174.5 ACRES OF FARM LAND, AT CLIFF MAUS AIRPORT, CORNER OF HORNE ROAD AND RABBIT RUN ROAD, FOR FARMING AND AGRICULTURAL PURPOSES ONLY, FOR A TERM OF ONE (1) YEAR BEGINNING SEPTEMBER 1, 1959) AND ENDING AUGUST 31, 1960 (OR UNTIL SUCH TIME THE AIRPORT IS ABANDONED) AT A YEARLY CASH BONUS PER ACRE OF $4.01 FOR EACH ACRE OF THE TEN (10) ACRE TRACT AND A YEARLY CASH BONUS OF $4.26 FOR EAC, ACRE OF THE 174.5 ACRE TRACT, TO BE PAID TO THE CITY OF CORPUS CHRISTI AT THE TIME OF EXECUTION OF SAIDIEASE. The foregoing ordinance was read for the third time and passed finally by the following vote: Ellroy King James L. Barnard Mrs. Ray Airheart Joseph B. Dunn Patrick J. Dunne R. A. Humble Gabe Lozano, Sr. V Aye Aye Aye Aye Aye Absent Aye ORDINANCE NO. 5434 AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE RELEASE OF SPECIAL ASSESSMENTS AS FOLLOWS: (1) IN THE AMOUNT OF $ 77.68 AGAINST THAT CERTAIN PROPERTY FRONTING 61.81 FEET ON THE NORTHWEST SIDE OF KOSTORYZ ROAD, DESCRIBED AS BEING LAWNDALE #2, LOT 12, BLOCK 5, AND THE OWNER THEREOF, MARVIN K. BLOCK, ET UX: (2) IN THE AMOUNT OF $64.09 AGAINST THAT CERTAI PROPERTY FRONTING 51 FEET ON THE NORTHWEST SIDE OF KOSTORYZ ROAD, DESCRIBED AS BEING WYNWOOD #1, LOT 24, BLOCK 12 AN ADDITION TO THE CITY OF CORPUS CHRISTI, TEXAS, AND THE OWNER THEREOF, ROBERT K. CARSON: A COPY OF WHICH RELEASES ARE ATTACHED HERETO AND MADE A PART HEREOF, AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Absent Gabe Lozano, Sr. Aye The foregoing ordinance was passed by the following vote: Ellroy King James L. Barnard Mrs . Ray Airheart Joseph B. Dunn Patrick J. Dunne R. A. Humble Gabe Lozano, Sr. Aye Aye Aye Aye Aye Absent Aye ORDINANCE NO. 5435 AMENDING SECTION 38-49 OF THE CORPUS CHRISTI CITY CODE, 1958, BY AMENDING THE SCHEDULE OF SEWER RATES TO PROVIDE FOR AN INCREASE IN RATES; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Absent Gabe Lozano, Sr. Aye The foregoing ordinance was passed by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Absent Gabe Lozano, Sr. Aye ORDINANCE NO. 5+36 AMENDING SECTIONS 18-21 AND 18-22 OF THE CORPUS CHRISTI CITY CODE, 1958, BY AMENDING THE CHARGES FOR SERVICE FOR GARBAGE COLLECTION TO PROVIDE FOR AN INCREASE; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: 21 Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Absent Gabe Lozano, Sr. Aye The foregoing ordinance was passed by the following vote: Ellroy King James L. Barnard Mrs. Ray Airheart Joseph B. Dunn Patrick J. Dunne R. A. Humble Gabe Lozano, Sr. Aye Aye Aye Aye Aye Absent Aye ORDINANCE NO. 5+37 235 AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AN AGREEMENT (IN LIEU OF THE AGREEMENT AUTHORIZED BY ORDINANCE NO. 5398) FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, WHEREIN THE CITY IS JOINED BY THE NUECES COUNTY NAVIGATION DISTRICT, AND WHICH AGREEMENT IS WITH THE STATE OF TEXAS AND THE STATE HIGHWAY COMMISSION FOR THE CONSTRUCTION OF A HIGHWAY OVERPASS ON STATE HIGHWAY NO. 9 AT A POINT WHERE SAID HIGHWAY CROSSES OVER THE SAVAGE LANE RAILROAD LINE, WHICH IS PART OF THE BASCULE BRIDGE REMOVAL AND RELOCATION PROJECT; REPEALING ORDINANCE NO. 5398; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Absent Gabe Lozano, Sr. Aye The foregoing ordinance was passed by the following vote: Ellroy King James L. Barnard Mrs. Ray Airheart Joseph B. Dunn Patrick J. Dunne R. A. Humble Gabe Lozano, Sr. Aye Aye Aye Aye Aye Absent Aye ORDINANCE NO. 5+38 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A PROPOSAL AND AGREEMENT FOR ENGINEERING SERVICES WITH LOCKWOOD, ANDREWS & NEWMAN FOR ENGINEERING SER- VICES IN CONNECTION WITH THE PROPOSED EXTENSION OF THE AGNES-LAREDO STREET IMPROVEMENTS, FROM STAPLES STREET TO CARANCAHUA AND TANCAHUA STREETS, PROJECT NO. 220-53-6.2, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, A COPY OF WHICH AGREEMENT IS ATTACHED HERETO AND MADE A PART HEREOF; APPROPRIATING THE SUM OF $7;000.00 OUT OF NO. 220 STREET BOND IMPROVEMENT FUND TO COVER PAYMENT TO SAID ENGINEERING FIRM FOR SUCH SERVICES; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble, Absent Gabe Lozano, Sr. Aye The foregoing ordinance was passed by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Absent Gabe Lozano, Sr. Aye FIRST READING OF AN ORDINANCE: vote : AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AN AGREEMENT BY AND BETWEEN THE CITY OF CORPUS CHRISTI, TEXAS, AND H. E. BUTT AND H. E. BUTT FOUNDATION FOR THE ACCEPTANCE OF A GIFT OF THE COST, NOT EXCEEDING $70,000.00, FOR THE CONSTRUCTION OF A GROUP OF PUBLIC TENNIS COURTS TO BE SITUATED IN H. E. BUTT PARK IN THE CITY OF CORPUS CHRISTI, TEXAS, SETTING FORTH THE TERMS AND CONDITIONS, ALL OF WHICH ARE SHOWN BY A COPY OF THE AGREEMENT WHICH IS ATTACHED HERETO AND MADE A PART HEREOF. The foregoing ordinance was read for the first time and passed to its second reading by the following Ellroy King James L. Barnard Mrs. Ray Airheart Joseph B. Dunn Patrick J. Dunne R. A. Humble Gabe Lozano, Sr. Aye Abstained Nay Aye Aye Absent Aye ORDINANCE NO. 5439 ADOPTING A BUDGET FOR THE ENSUING FISCAL YEAR BEGINNING AUGUST 1, 1959, AND ENDING JULY 31, 1960, IN ACCORDANCE WITH THE CITY CHARTER AS AMENDED FOR THE CITY OF CORPUS CHRISTI, TEXAS; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Absent Gabe Lozano, Sr. Aye The foregoing ordinance was passed by the following vote: Ellroy King James L. Barnard Mrs. Ray Airheart Joseph B. Dunn Patrick J. Dunne R. A. Humble Gabe Lozano, Sr. Aye Aye Aye Aye Aye Absent Aye ORDINANCE NO. 5440 APPROPRIATING CERTAIN SUMS OF MONEY FOR THE BUDGET FOR THE FISCAL YEAR BEGINNING AUGUST 1, 1959, AND ENDING JULY 31, 1960; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Absent Gabe Lozano, Sr. Aye The foregoing ordinance was passed by the following vote: Ellroy King James L. Barnard Mrs. Ray Airheart Joseph B. Dunn Patrick J. Dunne R. A. Humble Gabe Lozano, Sr. Aye Aye Aye Aye Aye Absent Aye ORDINANCE NO. 5441 PRESCRIBING THE TAXES TO BE LEVIED, ASSESSED AND COLLECTED BY THE CITY OF CORPUS CHRISTI, TEXAS, FOR THE YEAR 1959 AND FOR EACH SUCCEEDING YEAR THEREAFTER UNTIL OTHERWISE PROVIDED AND ORDAINED; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Absent Gabe Lozano, Sr. Aye The foregoing ordinance was passed by the following vote: Ellroy King James L. Barnard Mrs. Ray Airheart Joseph B. Dunn Patrick J. Dunne R. A. Humble Gabe Lozano, Sr. Aye Aye Aye Aye Aye Absent Aye ORDINANCE NO. 5442 23'7 AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND DELIVER, FOR AND ON BEHALF OF THE CITY, AN AGREEMENT WITH PARKDALE PLAZA CCMPANY AMENDING THE RESTRICTION RELATING TO BUILDING AREA OF BLOCK "A", PARKDALE SHOPPING CENTER, AS SH014N OF RECORD IN VOLUME 19, PAGE 49 OF THE MAP RECORDS OF NUECES COUNTY, TEXAS, SO AS TO PERMIT A BUILDING AREA OF 275,000 SQUAR9 FEET IN ADD]T ION TO THE 25,000 SQUARE FEET WHICH MAY BE OCCUPIED BY A MINIATURE GOLF COURSE, BY AUTHORITY OF ORDINANCE NO. 53+7, INSTEAD OF 200,000 SQUARE FEET, AS ORIGINALLY PROVIDED ON SAID PLAT; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Absent Gabe Lozano, Sr. Aye The foregoing ordinance was passed by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Absent Gabe Lozano, Sr. Aye No one appeared in response to Mayor King's invitation to anyone in the audience with petitions or in- formation for the Council on matters not scheduled on the agenda to come forward and be heard. There being no further business to come before the Council, the meeting was adjourned. PRESENT: Mayor Pro Tem Dr_.;:James L. Barnard Commissioners: Mrs. Ray Airheart Joseph B. Dunn Patrick J. Dunne R. A. Humble Gabe Lozano, Sr. REGULAR COUNCIL MEETING August 5, 1959 2:00 P. M. City Manager Herbert W. Whitney City Attorney I. M. Singer City Secretary T. Ray Kring Mayor Pro Tem Dr. James L. Barnard called the meeting to order. The Invocation was given by Willis G. Jernigan, Minister of the Hillcrest Church of Christ. The City Secretary called the roll of those in attendance. Motion by Humble, seconded by Pat Dunne, and passed, that the absence of Mayor Ellroy King be excused, because of absence from the City. Motion by Airheart, seconded by Lozano, and passed, that the minutes of the regular meeting of July 29, 1959, and the special meeting of July 21, 1959, be approved. Mayor Pro Tem Barnard announced the opening of bids. Bids were opened and read on construction of a Wading Pool for H. E. Butt Park from the following: Price Construction Co. Ramsey & Atkinson H & H Construction Co. Motion by Pat Dunne, seconded by Lozano, and passed, that the foregoing bids be tabled for 48 hours, as W 238 required by the City Charter, and referred to the City Manager for tabulation and recommendation. Bids were opened and read on a supply of various sizes and amounts of Copper Tubing from the following: Allied Metals, Inc. C. C. Hardware Co. Crane Co. Hamilton Supply Mueller Co. Municipal Pipe & Fabr. Norvell-Wilder Republic Supply The Rohan Co. Superior Iron Works Viking Supply Wallace Co. Gulf Supply San Antonio Mach. & Supply Allied Plumbing Supply Alamo Iron Works Motion by Joseph B. Dunn, seconded by Humble, and passed, that the foregoing bids be tabled for 48 hours, as required by the City Charter, and referred to the City Manager for tabulation and recommendation. ing: Bids were opened and read on 30,000' of 2.375", and 20,000' of 4.500" Bare Steel Pipe from the follow- Acme -Newport Steel Co. Atlas Pipe, Inc. Cal -Metal Pipe Continental-Emsco The L. B. Foster Co. Friedman Pipe & Steel Louis Greenspon HOMCO Lone Star Steel Republic Supply Southwestern Pipe Standard Brass Superior Iron Works Swiff -Train Tex -Tube Wallace Co. C. C. Hardware Co. Crane Co. Gulf Supply Norvell Wilder San Antonio Machine & Supply Allied Plumbing Alamo Iron Works Motion by Pat Dunne, seconded by Humble, and passed, that the foregoing bids be tabled for 48 hours, as required by the City Charter, and referred to the City Manager for tabulation and recommendation. Bids were opened and read on the leasing of a room at Cliff Maus Airport Terminal Building for a period of one year from the following: The Hertz Corporation National Car Rentals Motion by Humble, seconded by Pat Dunne, and passed, that the foregoing bids be tabled for 48 hours, as required by the City Charter, and referred to the City Manager for tabulation and recommendation. Bids were opened and read on 70,000 Gallons of OA -175 Asphalt, 5,425 Gallons of MC -1 Asphalt, and 15,000 Gallons of RC -2 Asphalt from the following: Humble Oil & Refining Co. Wright Asphalt Products Co. Motion by Airheart, seconded by Pat Dunne, and passed, that the foregoing bids be tabled for 48 hours, as required by the City Charter, and referred to the City Manager for tabulation and recommendation. Mayor Pro Tem Barnard next announced the Public Hearing on the application of Graford N. Rogers to re- zone a portion of Lot 8, Section 13, Flour Bluff & Encinal Farm Garden Tracts, being generally that property 300' in depth located between the entrance to the 62nd Lexington Drive -In Theater and Woodlawn Estates Subdivision, from "A-4" Tourist Court District to "B-1" Neighborhood Business District. Mr. Bob Burr, of the 'Zoning & Planning Department, located the property on the map, as being adjacent to Woodlawn Estates, and fronting on Lexington Boulevard, and stated that the re -zoning and property set -backs would allow a street through from Lexington Boulevard to McArdle Road. He said the Commission had received three notices indicating approval of the re -zoning, and no opposition was shown. He stated that the recommendation of the Zoning & Planning Commission is to approve the application, since the plat has been approved. ask. Mr. Ted Anderson, attorney representing the applicant, was present to answer any questions anyone might No one appeared in opposition to the application. Motion by Pat Dunne, seconded by Humble, and passed, that the recommendation of the Commission be up- held, and the re -zoning granted as requested. Mayor Pro Tem Barnard announced that the Council would next hear the City Manager's reports. 233 Motion by Pat Dunne, seconded by Lozano, and passed, that the City Manager's requests and recommends - tions be granted and approved, relative to the following: a. That the City Manager be authorized to advertise for bids to be received August 19, 1959, for the purchase of various sizes and types of Water Meters; b. That the City Manager be authorized to advertise for bids to be received August 19, 1959, for the purchase of 500 Aluminum Gas Meters with top connections and swivels; C. That the construction of Project "D" of the Street Base & Resurfacing Program be accepted and final payment in the amount of $19,798.57 be made to Troy Grant, Contractor; d. That the construction of Project No. 13-55-6.1, Railroad Track North Approach to Tule Lake Bridge, be accepted, that an additional amount of $5,85+.71 be appropriated, and final payment of $11,953.18 be made to Wm. A. Smith, Contractor; e. That Tuesday, August 25, 1959, at 7:30 P. M. be set as the date for a special meeting for Public Hearings on 7 zoning applications; f. That the Tax Error and Correction List & Supplemental Tax Roll for June, 1959, be approved; g. That the City Manager be authorized to execute a contract of sale to E'uWJamison;.:frn the-:amcsunt df. -41 -;504,"81, and a contract of sale to Philip J. Robinson, Trustee, for $41,997.76, for rights-of-way for Tule Lake Project, and that title expense payment be approved. Mr. Clifford Cosgrove, 2625 Riggan Street, spoke in opposition to the ordinance authorizing sale of L - Head property to the Corpus Christi Yacht Club, and the ordinance authorizing an agreement with M. E. Allison & Co., Inc., as financial advisor concerning the issuance of certain bonds, stating that the City would realize a larger profit through other arrangements in both instances. Mr. John Mitchell, Chairman of the Bay Front Advisory Committee, stated that the Committee has long sought a Yacht Club for the Bay Front and believes that the monetary consideration involved can in no way be a measure of benefit to the City that this type of facility will be. Mr. Bob Flato, Vice -Commodore of the Yacht Club, stated that this is the only water -front property in protected waters in Corpus Christi that is not in public trust, and that can be sold, with a clear title, to a private owner. He also stated that the deed is highly restricted, and that the City is protected, in that viola- tion of any of the terms of sale would automatically cancel the contract, and pointed out that the City reserves the right to re -purchase the property upon a one-year notice. Mr. Bob Blair, Commodore of the Yacht Club, stated that this is a non-profit organization, that it pro- vides organized boating activities for young people such as Sea Scouts and Junior Sailing, and that this is the only spot on the Bay Front with sheltered waters. Mrs. W. Armstrong Price, Chairman of the Parks and Recreation Board, and Lon C. Hill, Chairman of the Tourist Committee of the Chamber of Commerce, also endorsed this sale to the Yacht Club. FIRST READING OF AN ORDINANCE: vote : ..AUTHORIZING AND DIRECTING .THE" C=.:NANAGER.,' F AniD ON BE S dF�TH 'GTTY OF CORPUS CHRISTI, TO EXECUTE CONTRACT OF SALE AND DEED OF CONVEYANCE BY AND BETWEEN THE CITY OF CORPUS CHRISTI AND THE CORPUS CHRISTI YACHT CLUB, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF. The foregoing ordinance was read for the first time and passed to its second reading by the following Ellroy King Absent James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye SECOND READING OF AN ORDINANCE: AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AN AGREEMENT BY AND BETWEEN THE CITY OF CORPUS CHRISTI,'TEXAS, AND H. E. BUTT AND H. E. BUTT FOUNDATION FOR THE ACCEPTANCE OF A GIFT OF THE COST, NOT 240 EXCEEDING $70,000.00, FOR THE CONSTRUCTION OF A GROUP OF PUBLIC TENNIS COURTS TO BE SITUATED IN H. E. BUTT PARK IN THE CITY OF CORPUS CHRISTI, TEXAS, SETTING FORTH THE TERKS AND CONDITIONS, ALL OF WHICH ARE SHOWN BY A COPY OF THE AGREEMENT WHICH IS ATTACHED HERETO AND MADE A PART HEREOF. vote: The foregoing ordinance was read for the second time and passed to its third reading by the following Ellroy King James L. Barnard Mrs. Ray Airheart Joseph B. Dunn Patrick J. Dunne R. A. Humble Gabe Lozano, Sr. Absent Aye Aye Aye Aye Aye Aye ORDINANCE NO. 5443 AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, A CONTRACT WITH HELDENFELS BROTHIS FOR THE CONSTRUCTION OF UNIT III, WESTSIDE TRUNK SEWER MAIN, PROJECT NO. 8-54-9.3, AS MORE FULLY DESCRIBED IN THE PLANS, SPECIFICATIONS AND CONTRACT DOCUMENTS, MADE A PART HEREOF BY REFERENCE; APPROPRIATING THE SUM OF $625,176.91 FOR THE CONSTRUCTION CONTRACT FROM UNAPPRO- PRIATED PORTION OF THE GAS, SEWER AND GENERAL FUNDS, TO BE REIMBURSED UPON SALE OF BONDS; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Ellroy King Absent James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye The foregoing ordinance was passed by the following vote: Ellroy King James L. Barnard Mrs. Ray Airheart Joseph B. Dunn Patrick J. Dunne R. A. Humble Gabe Lozano, Sr. Absent Aye Aye Aye Aye Aye Aye ORDINANCE NO. 5444 AMENDING ORDINANCE NO. 3656, PASSED AND APPROVED ON THE 10TH DAY OF FEBRUARY, 1954, AS AMENDED, BY ADDING THERETO A NEW POSITION IN THE ADMINISTRATIVE AND EXECUTIVE GROUP WITH THE TITLE OF PERSONNEL OFFICER WITH SUCH DUTIES AS ARE PRESCRIBED BY THE CITY MANAGER; AND FURTHER AMENDING ORDINANCE NO. 3656 BY CHANGING THE CLASS GRADE OF CERTAIN POSITIONS IN SECTION 1, SUBSECTION (e) AS HEREINAFTER SET FORTH; _ AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Ellroy King Absent James -1. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye The foregoing ordinance was passed by the following vote: Ellroy King James L. Barnard Mrs. Ray Airheart Joseph B. Dunn Patrick J. Dunne R. A. Humble Gabe Lozano, Sr. Absent Aye Aye Aye Aye Aye Aye ORDINANCE NO. 5445 AMENDING ORDINANCE NO. 3658, PASSED AND APPROVED ON THE 1ST DAY OF APRIL, 1954, ENTITLED "AN ORDINANCE AMENDING THE RULES AND REGULATIONS OF THE CIVIL SERVICE BOARD OF THE CITY OF CORPUS CHRISTI BY ADDING ARTICLE XX PROVIDING FOR THE ADOPTION AND ADMINISTRATION OF THE POSITION CLASSIFIED SERVICE," AS AMENDED BY MAKING CHANGES IN THE CLASSIFICATION OF CERTAIN POSITIONS HEREINAFTER SET FORTH BY ADDING NEW POSI- TIONS; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Ellroy King Absent James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye The foregoing ordinance was passed by the following vote: Ellroy King James L. Barnard Mrs. Ray Airheart Joseph B. Dunn Patrick J. Dunne R. A. Humble Gabe Lozano, Sr. Absent Aye Aye Aye Aye Aye Aye ORDINANCE N0. , 5 46 x'41 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE AN AGREEMENT WITH HARLAND BARTHOLOMEW AND ASSOCIATES FOR PROFESSIONAL SERVICES IN MAKING A STUDY OF THE CITY ZONING ORDINANCE AND PREPARING RECOMMENDATION FOR REVISION THEREOF, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; APPROPRIATING THE SUM OF $12,000 FOR SUCH SERVICES; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Ellroy King Absent James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye The foregoing ordinance was passed by the following vote: Ellroy King James L. Barnard Mrs. Ray Airheart Joseph B. Dunn Patrick J. Dunne R. A. Humble Gabe Lozano, Sr. Absent Aye Aye Aye Aye Aye Aye ORDINANCE NO. 5447 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TEXAS, TO EXECUTE A CONTRACT WITH JACK RYAN PROVIDING THAT THE CITY OF CORPUS CHRISTI, TEXAS, WILL BE RESPONSIBLE FOR STREET LIGHT BILLS TO THE EXTENT OF $3,591.00 ON 27 STREET LIGHTS TO BE INSTALLED IN SOUTH SHORE ESTATES UPON THE PAYMENT TO THE CITY OF $3,591.00 BY JACK RYAN, A COPY OF WHICH AGREEMENT IS ATTACHED HERETO, IN LIEU OF THE AGREEMENT EXECUTED UNDER THE AUTHORITY OF ORDINANCE NO. 5362 WITH SAID JACK RYAN FOR 26 LIGHTS; REPEALING ORDINANCE NO. 5362; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Ellroy King Absent James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye The foregoing ordinance was passed by the following vote: Ellroy King James L. Barnard Mrs. Ray Airheart Joseph B. Dunn Patrick J. Dunne R. A. Humble Gabe Lozano, Sr. Absent Aye Aye Aye Aye Aye Aye ORDINANCE NO. 5448 AUTHORIZING CONDEMNATION PROCEEDINGS BY THE CITY OF CORPUS CHRISTI TO CONDEMN CERTAIN REAL ESTATE IN NUECES COUNTY, TEXAS, AND IMPROVEMENTS THEREON, DESCRIBED AS .10 ACRE, MORE OR LESS, A PORTION OFF THE SOUTH END OF THE D. W. GRANT, TRUSTEE, TRACT ON HIGHWAY 9, ownED BY D.'W. GRANT,�TRUSTEE -TO BE CON DEMNED M ROAD'RIGHT OFYWAY INSCONNECTION WITH'THE WIDENING -OF 'HIGHWAY 92"-V ITHINTHE CORPORATE CITY LIMITS,.W_HICH '10=.ACRE IS-MORE'PARTICULARLY''DESCRIBtD'HEREIX BY'MPTES-.AND BOUNDS; DIRECTING THE CITY ATTORNEY TO INSTITUTE PROCEEDINGS TO CARRY OUT THE INTENTIONS OF THIS ORDINANCE;AND DECLARING AN EMERGEN The Charter rule was suspended by the following vote; _ Ellroy King Absent James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye The foregoing ordinance was passed by the following vote: Ellroy King Absent James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne AYe R. A. Humble Aye Gabe Lozano, Sr. Aye 242 ORDINANCE NO. 5449 AUTHORIZING. CONDEMNATION. PROCEEDINGS'_1*BY.TH&::CITY .OF:_-C.ORPUS CHRISTI TO,.COND1201;,CERTAIN!iF'ALIESTATE+,IN;:.'. NUECES COUNTY, TEXAS, AND IMPROVEMENTS THEREON, DESCRIBED AS LOT 20, BLOCK 2, LEE ANN ESTATES, OWNED BY GLADYS GRAY, AND DOLA GRAY, A FEME SOLE, TO BE CONDEMNED FOR USE IN THE CROSS-TOWN EXPRESSWAY PROJECT AS A PART OF THE STREET AND SIDEWALK AREA; WHICH SAID LAND IS MORE PARTICULARLY DESCRIBED HEREIN; DIRECTING THE CITY ATTORNEY TO INSTITUTE PROCEEDINGS TO CARRY OUT THE INTENTIONS OF THIS ORDINANCE; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Ellroy King Absent James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye The foregoing ordinance was passed by the following vote: Ellroy King Absent James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye ORDINANCE NO. 5450 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY TO ENTER INTO AN AGREEMENT WITH M. E. ALLISON & CO., INC., A TEXAS CORPORATION, FOR THE SERVICES OF SAID COMPANY AND M. E. ALLISON AS FINANCIAL ADVISOR FOR THE CITY IN CONNECTION WITH THE MATTER OF SUBMITTING TO THE QUALIFIED VOTERS OF THE CITY THE PROPOSITION OF ISSUANCE OF CERTAIN BONDS, AND FOR SERVICES FOR THE ISSUANCE OF CERTAIN BONDS ALREADY VOTED, A COPY OF WHICH AGREEMENT IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Ellroy King Absent James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye The foregoing ordinance was passed by the following vote: Ellroy King Absent James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye ORDINANCE NO. 5451 RECEIVING AND ACCEPTING THE REWORKING AND RESURFACING OF STREETS INCLUDED IN PROJECT "D" OF THE EMER- GENCY STREET REPAIR PROGRAM PERFORMED BY TROY GRANT, CONTRACTOR, UNDER HIS CONTRACT WITH THE CITY DATED MAY 22, 1959) AS AUTHORIZED BY ORDINANCE NO. 5343; AUTHORIZING THE PAYMENT OF FINAL ESTIMATE #2, A COPY OF WHICH IS ATTACHED HERETO AND MADE APART HEREOF, DATED JULY 27, 1959, IN THE AMOUNT OF $19,798.57, PAYMENT FROM NO. 108 STREET FUNDS, CODE 502, HERETOFORE APPROPRIATED; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Ellroy King Absent James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J- Dunne Aye R. A: Humble Aye Gabe Lozano, Sr. Aye The foregoing ordinance was passed by the following vote: Ellroy King Absent James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye ORDINANCE NO. 5452 RECEIVING AND ACCEPTING THE CONSTRUCTION OF UNIT IV, RAILROAD TRACK FOR NORTH APPROACH TO T ULE LAKE BRIDGE, PROJECT 13-55-6.1; AUTHORIZING PAYMENT TO THE CONTRACTOR, WILLIAM A. SMITH CONSTRUCTION CO., INC., IN THE AMOUNT OF THEIR FINAL ESTIMATE #3, OF $11,953.18, FROM REMAINING #230 BRIDGE REMOVAL AND 243 RELOCATION FUNDS HERETOFORE APPROPRIATED FOR CONSTRUCTION AND CONTINGENCIES IN THE AMOUNT OF $6,098.40; APPROPRIA- TING THE SUM OF $5,854.71 OUT OF #230 BRIDGE REMOVAL AND RELOCATION FUNDS AND AUTHORIZING PAYMENT THEREOF ON SAID FINAL ESTIMATE; AND DECLARING AN EMERGENCY. The Charter rule was suspended by..the following vote: Ellroy King Absent James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye The foregoing ordinance was passed by the following vote: Ellroy King Absent James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye ORDINANCE NO. 5453 SETTING UP, CREATING AND DIVIDING THE CITY OF CORPUS CHRISTI, TEXAS, INTO SEVENTY-SIX (76) WARDS; DES- CRIBING SAID WARDS; REPEALING ALL ORDINANCES AND PART OF ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Ellroy King Absent James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye The foregoing ordinance was passed by the following vote: Ellroy King Absent James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye ORDINANCE NO. 5454 DIVIDING THE CITY OF CORPUS CHRISTI, TEXAS, INTO SEVENTY-SIX (76) ELECTION PRECINCTS FOR AND IN WHICH ALL MUNICIPAL ELECTIONS SHALL HEREAFTER BE HELD IN AND FOR SAID CITY AND SAME SHALL BE KNOWN AS ELECTION PRECINCTS NUMBERS ONE (1) THROUGH SEVENTY-SIX (76) INCLUSIVE; REPEALING ALL ORDINANCES OR PARTS OF OR- DINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Ellroy King Absent James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye The foregoing ordinance was passed by the following vote: Ellroy King Absent James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye Mr. Ben McDonald, attorney representing a group of clients, appeared in opposition to the bond issue for Memorial Hospital in its present form. He stated that shortages of hospital beds have been grossly exaggerated, and that private, hospitals already in existence and with plans for expansion will go far to alleviate this short- age. He stated that, at the time of the Area Development Committee study, many of the improvements now being made were not yet in prospect; that as they now stand, they can take care of private patients, leaving Memorial Hospita with more facilities for charity patients; and that hospitals should be maintained by private enterprise and not by any branch of the government, except in the case of charity patients. He stated that he has a client now wanting to build a large private hospital in this city, but that competition by publicly -owned facilities dis- 244 courages such action. Mr. Lon C. Hill, Chairman of the Area Development Committee, stated that he led the campaign for the ex- pansion of Spohn Hospital; that during that time, he met with no opposition to building or improvement of other hospitals; and that he had no firm offers by private enterprise to build such hospitals. He stated also that these facts were considered in the ADC study, and that wishes and actions do not always match. Mr. Bill Bloch, co -counsel for the same group .of clients as Mr. McDonald, stated that, with reference to Memorial Hospital, the present plant should be improved as to existing facilities and converted into a first-class operation, but that further expansion in the way of beds would be contrary to safe practice, in the view of civil defense. He stated that the physicians who are part of the group of clients he is representing are in favor of private enterprise over public ownership of hospitals. Mr. McDonald and Mr. Bloch urged that the voters be given a three -fold choice; one, a $2,500,000.00 bond issue as proposed in the ordinance; two, a $1,000,000.00 bond issue for improvement of facilities only; and three, no bond issue at all. Mr. H. M. Fugate identified himself as the husband of the President of the Memorial Hospital Auxiliary, and stated that the Council is duty-bound to submit the bond proposition as requested by the signs of the petition Mr. Robert Wallace stated that he is a Friend of Memorial Hospital, but, speaking as a private citizen, he believes in private enterprise, but nevertheless believes the City should adequately support its public facili- ties. He stated that John Steinle, in a recent study, shows that Memorial Hospital has very inadequate facilities, but high efficiency of operation and personnel. Mr. T. S. Cyrus, attorney, spoke in support of the bond issue in its present form. Mr. Jack Ryan stated that he is not opposed to Memorial Hospital being brought up to proper.:standards, but that he represents a group from Houston, Texas, who have a hospital plan which will take about six weeks to firm up, having done some preliminary checking, and that 36 out of 44 physicians interviewed are in favor of private facilities. City Attorney Singer stated that a three-way choice would produce a split vote, and not a true reflection of the desires of the people. Mayor Pro Tem Barnard stated that those who are opposed to the bond issue as in the ordinance can vote against it. If it is defeated, another election could be called for bonds for improvements only. THE STATE OF TEXAS COUNTY OF NUECES CITY OF CORPUS CHRISTI On this 5 day of August, 1959, the City Council .of the City of Corpus Christi, Texas, convened in regular meeting with the following members of said Council present, to -wit: James L. Barnard, Mayor Pro -Tem Mrs. Ray Airheart, Joseph B. Dunn, Patrick J. Dunne, Commissioners, R. A. Humble, Gabe Lozano, Sr., T. Ray Kring, City Secretary, with the following absent: Mayor Ellroy King, constituting a quorum, at which time the following among other business was transacted: Mr. Herbert W. Whitney, City Manager, presented for the consideration of the Council an ordin- ance. The ordinance was read by the City Secretary. The Mayor Pro -Tem presented to the Council a communication in writing pertaining to said proposed ordinance, as follows: 245 "Corpus Christi, Texas August 5, 1959 TO THE CITY COUNCIL, Corpus Christi, Texas. Gentlemen: The public importance and pressing need for the permanent improvements to be constructed by use of the proceeds of the bonds contemplated to be voted pursuant to said ordinance create an emergency and an imperative public necessity requiring the suspension of rules and Charter,provisions requiring ordinances to be considered and voted upon at three regular meetings. I, therefore, request that the City Council pass the prop ordinance calling an election for the issuance of said bonds as an emergency measure. You will please consider this request in connection with the ordinance which has been introduced in the City Council on this subject.' Yours very truly, James L. Barnard, Mayor Pro -Tem." Commissioner Joseph B. Dunn made a motion that the Charter provision prohibiting ordinances from being passed finally on the date introduced be suspended for the reasons stated in the written request of the Mayor Pro -Tem and stated in the emergency clause of the ordinance. The motion was seconded by Commissioner Mrs. Ray Airheart. The motion was carried by the following vote: AYES: Commissioners Airheart, Dunn, Dunne, Humble and Lozano. NOES: None. The Mayor Pro -Tem requested that the records show that he voted Aye. This was done. Commissioner Patrick J. Dunne made a motion that the ordinance be passed finally. The motion was seconded by Commissioner R. A. Humble. The motion was carried by the following vote: AYES: Commissioners Airheart, Dunn, Dunne, Humble and Lozano. NOES: None. The Mayor Pro -Tem requested that the records show that he voted Aye. This was done. The Mayor Pro -Tem announced that the ordinance had been passed. The ordinance is as follows: ORDINANCE NO. 5455 BY_THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, CALLING AN ELECTION ON THE QUESTION OF THE ISSUANCE OF THE FOLLOWING BONDS: $1,100,000.00 SANITARY SEWER IMPdOVEMENT BONDS; $2,500,000.00 HOSPITAL BONDS; $130,000.00 STREET IMPROVEMENT BONDS; $50,000.00 STORM DRAINAGE BONDS; $70,000.00 PARK IMPROVEMEN BONDS; $100,000.00 SWD,1MIVG POOL BONDS; $50,000.00 YACHT BASIN IMPROVEMENT BONDS AND $3,500,000.00 WATER WORKS IMPROVEMENT REVENUE BONDS; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Ellroy King Absent James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye The foregoing ordinance was passed by the following vote: Ellroy King Absent James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye ORDINANCE NO. 5456 ORDERING AN ELECTION TO BE HELD ON THE 29TH DAY OF AUGUST, 1959, AT WHICH ELECTION THERE SHALL BE SUB- MITTED TO THE QUALIFIED VOTERS OF THE CITY OF CORPUS CHRISTI THE QUESTION OF WHETHER OR NOT THE CITY COUNCIL SHOULD ENACT AN ORDINANCE GRANTING A LEASE TO THE CORPUS CHRISTI BANK AND TRUST COMPANY, TRUS- TEE, AS LESSEE, OF CERTAIN LANDS DESCRIBED IN SAID LEASE, FOR A TERM OF THIRTY (30) YEARS FROM THE DATE OF EXECUTION OF SUCH LEASE BY THE CITY; PROVIDING RESTRICTIONS ON THE USE OF SAID LAND; PROVIDING FOR SUB -LEASING OR ASSIGNMENT OF SAID LANDS OR LEASEHOLD RIGHTS ONLY WITH THE WRITTEN APPROVAL OF THE CITY AUTHORIZED BY THE CITY COUNCIL; PROVIDING FOR RENTALS TO BE PAID TO THE CITY; PROVIDING FOR TERMINATION OR FORFEITURE; SAID LEASE CO177RACT BEING SET OUT IN THIS ORDINANCE AND MADE A PART HEREOF; DESIGNATING THE PLACES FOR HOLDING SUCH ELECTION; NAMING THE OFFICERS THEREFOR; PROVIDING FOR NOTICE OF ELECTION; ENACTING PROVISIONS INCIDENT AND RELATING TO THE HOLDING OF SUCH ELECTION AND THE RETURNS THEREOF; AND DECLARING AN EMERGENCY. 246 The Charter rule was suspended by the following vote: Ellroy King Absent James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Duran Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye The foregoing ordinance was passed by the following vote: Ellroy King Absent James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye Mayor Pro Tem Barnard next invited anyone in the audience with petitions or information for the Council on matters not included on the agenda to come forward and be heard. Sallie Reta, 1030 Lolita in Molina Addition, described the narrow, sharp curve on Horne Road in Molina Addition and requested that the road be widened to reduce the number of accidents at that point. Mayor Pro Tem Barnard referred the matter to the City Manager for investigation and recommendation. Eloisa Gutierrez, also of Molina Addition, asked if the law allows the burning of trash Inside the city limits, and stated that the residents of Molina have been bothered by smoke from the burning of trash dumped in the pits in the area. It was explained that a permit is necessary to burn trash within the city limits, and that the pits referred to are to be filled as soon as it can be accomplished. The matter was referred to the City Manager to see that the'burning'of trash is stopped. There being no further business to come before the Council, the meeting was adjourned. PRESENT: Mayor Pro Tem Dr: James L. Barnard Commissioners: Mrs. Ray Airheart Joseph B. Dunn Patrick J. Dunne R. A. Humble Gabe Lozano, Sr. REGULAR COUNCIL MEETING August 12, 1959 2:00 P. M. City Manager Herbert W. Whitney City Attorney I. M. Singer City Secretary T. Ray Kring Mayor Pro Tem Dr. James L. Barnard called the meeting to order. The Invocation was given by Reverend Allen Craft of the First Presbyterian Church. City Secretary T. Ray Kring called the roll of those in attendance. Motion by Pat Dunne, seconded by Humble, and passed, that the absence*of Mayor Ellroy King be excused, due to absence from the City. Motion by Airheart, seconded by Pat Dunne, and passed, that the minutes of the regular meeting of August 5, 1959, be approved. Mayor Pro Tem Barnard announced the opening of bids. Bids were opened and read on supplying and laundering of linens for the nine local fire stations from the following: C. C. Linen Service Texas Linen Service Motion by Humble, seconded by Pat Dunne, and passed, that the foregoing bids be tabled for 48 hours, as required by the City Charter, and referred to the City Manager for tabulation and recommendation. Bids were opened and read on Meter Boxes and Manhole Rings and'Covers from the following: Alamo Iron Works Gulf Star Foundries San Antonio Machine & Supply 24'7 Motion by Pat Dunne, seconded by Humble, and passed, that the foregoing bids be tabled for 48 hours, as required by the City Charter, and referred to the City Manager for tabulation and recommendation. Bids were opened and read on a supply of various amounts and sizes of reinforced concrete pipe from the following: Brown Supply Mission Concrete Pipe Company The Southern Company The Tex Crete Company Motion by Pat Dunne, seconded by Humble, and passed, that the foregoing bids be tabled for 48 hours, as required by the City Charter, and referred to the City Manager for tabulation and recommendation. Mayor Pro Tem Barnard announced that the Council would next hold the public hearing on the application to close a portion of Avenue F and Garner and Vine Streets. City Manager Whitney stated that this application was initiated by the Nueces County Navigation District, to enable them to levee around this property and then fill it, to provide industrial sites. No one was present from the Navigation District. Mr. Fagan Mason was present as a representative of the State Highway Department, and stated that he was authorized to file a protest to this closing. He stated that if the subject property is filled, the drainage pipes running beneath the highway and carrying water from several different areas will have no place to discharge the water, consequently causing a very bad drainage problem. He requested that this closing be at least delayed, until the problem can be worked out. City Manager Whitney stated that, in light of these developments, he would recommend that the hearing be closed and the matter taken under advisement. Motion by Lozano, seconded by Pat Dunne, and passed, that the hearing be closed, and the matter taken under advisement until the drainage problem can be worked out. Mayor Pro Tem Barnard next announced that the Council would hear the City Manager's reports. Motion by Humble, seconded by Lozano, and passed, that the City Manager's requests and recommendations be granted and approved, relative to the following: a. That September 2, 1959, be set as the date for a public hearing on the application of H. E. Butt for re -zoning of property at Kostoryz and Gollihar. b. That the City Manager be authorized to advertise for bids to be received August 26, 1959, for the lease of approximately 35 acres of land for farming purposes, adjacent to 0.. N. Stevens Filter Plant, owned by the City but not needed at this time by the Filter Plant; c. That award of bid on 18,000' of 3/4", 18,000' of 111, 2,000' of 1-1/2", and 2,500' of 2" Copper Tubing be made to the low local bidder, Corpus Christi Hardware Company, on a bid of $18,316.70 as being most advantageous; (See Bid Tabulation #36 in File) d. That a room located at Cliff Maus Airport Terminal Building, containing approximately 96 square feet, be leased to the Hertz Corporation for a period of one year, on a bid of $1512.00; (See Bid Tabulation #37 in File) e. That award of bid*on 70,000 Gallons Asphalt, OA -175, @ $0.0850 per gallon; 5,425 Gallons Oil Asphalt, MC -1, @$0.0950 per gallon; and 15,000 Gallons Oil Asphalt, RC -2, Q $0.0975 per gallon, be made to Humble Oil & Refining Company; (See Bid Tabulation #38 in File) f. That award of bid on 30,000' of 2" Steel Pipe @ $31.48 c' be made to Atlas Pipe,, Inc.; and for 20,000' of 4" Steel Pipe @ $85.83 c' be made to Norvell-Wilder Supply; (See Bid Tabulation #39 in File) g. Motion by Humble, seconded by Pat Dunne, and passed, that I. M. Singer, City Attorney, be appointed Acting City Manager in the absence of City Manager Whitney, who will be on vacation.for one week, beginning Monday, August 17. ORDINANCE NO. 5457 CHANGING THE NAMEOF HARRISON STREET TO BREEZEWAY, SAID STREET BEING LOCATED BETWEEN ALAMEDA AND SANTA FE STREETS, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS; AND DECLARING AN EMERGENCY. 248 The Charter rule was suspended by the following vote: Ellroy King Absent James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye The foregoing ordinance was passed by the following vote: Ellroy King Absent James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Himble Aye Gabe Lozano, Sr. Aye ORDINANCE NO. 5458 AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, A CONTRACT WITH THE HUMBLE PIPELINE COMPANY REQUIRING THE LOWERING AND CASING OF THREE EXISTING PIPELINES NECESSARY FOR THE CONSTRUCTION OF THE SAVAGE LANE RAILROAD TRACK FOR THE SUM OF $5,424.15, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; APPROPRIATING THE SUM OF $5,424.15 FROM THE BRIDGE REMOVAL AND RELOCATION PROJECT, FUND NO. 230; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Ellroy King Absent James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye The foregoing ordinance was passed by the following vote: Ellroy King Absent James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye ORDINANCE NO. 5459 AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE RELEASE OF SPECIAL ASSESSMENTS AS FOLLOWS: (1) IN THE AMOUNT OF $77.37 AGAINST THAT CERTAIN PROPERTY FRONTING 53.58 FEET ON THE WEST SIDE OF BALDWIN BLVD. DESCRIBED AS BEING LOT 1, BLOCK 5, BALDWIN PARK, AND THE OWNER THEREOF, DOROTHY B. FOX: (2) IN THE AMOUNT OF $239.09 AGAINST THAT CERTAIN PROPERTY FRONTING 50.87 FEET ON THE EAST SIDE OF SANTA FE, DESCRIBED AS BEING LOT 2, NOLTE, AND THE OWNER THEREOF, J. W. ANDERSON: (3) IN THE AMOUNT OF $200.46 AGAINST THAT CERTAIN PROPERTY FRONTING 42.65 FEET ON THE EAST SIDE OF SANTA FE, DESCRIBED AS BEING LOTS 53 & 54, BLOCK 313, PORT ARANSAS CLIFFS, AN ADDITION TO THE CITY OF CORPUS CHRISTI, TEXAS, AND THE OWNER THEREOF, JNO. W. ANDERSON: A COPY OF WHICH RELEASES ARE ATTACHED HERETO AND MADE A PART HEREOF, AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Ellroy King Absent James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A.,Humble Aye Gabe Lozano, Sr. Aye The foregoing ordinance was passed by the following vote: Ellroy King Absent James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye ORDINANCE NO. 5460 AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE RELE= OF SPECIAL ASSESSMENT AS FOLLOWS: IN THE AMOUNT OF $72.20 AGAINST THAT CERTAIN PROPERTY FRONTING 50 FEET ON THE WEST SIDE OF BALDWIN BLVD., DESCRIBED AS BEING LOT 7, BLOCK 5, BALDWIN PARK, AN ADDITION TO THE CITY OF CORPUS CHRISTI, TEXAS, AND THE OWNER THEREOF, S. 0. ROWELL: A COPY OF WHICH RELEASE IS ATTACHED HERETO AND MADE A PART HEREOF, AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Ellroy King James L. Barnard Mrs. Ray Airheart Joseph B. Dunn Patrick J. Dunne R. A. Humble Gabe Lozano, Sr. Absent Aye Aye Aye Aye Aye Aye The foregoing ordinance was passed by the following vote: THIRD READING OF AN ORDINANCE: Ellroy King Absent James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye ORDINANCE NO. 5461 249 AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AN AGREEMENT BY AND BETWEEN THE CITY OF CORPUS CHRISTI, TEXAS, AND H. E. BUTT AND H. E. BUTT FOUNDATION FOR THE ACCEPTANCE OF A GIFT OF THE COST, NOT EXCEEDING $70,'000.00, FOR THE CONSTRUCTION OF'A GROUP OF PUBLIC TENNIS COURTS TO BE SITUATED IN H. E. BUTT PARK IN THE CITY OF CORPUS CHRISTI, TEXAS, SETTING FORTH THE TERMS AND CONDITIONS, ALL OF WHICH ARE SHOWN BY A COPY OF THE AGREEMENT WHICH IS ATTACHED HERETO AND MADE A PART HEREOF. The foregoing ordinance was read for the third time and passed finally by the following vote: Ellroy King Absent James L. Barnard Aye Mrs. Ray Airheart . Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye SECOND READING OF AN ORDINANCE: AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE CONTRACT OF SALE AND DEED OF CONVEYANCE BY AND BETWEEN THE CITY OF CORPUS CHRISTI AND THE CORPUS CHRISTI YACHT CLUB, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF. vote: The foregoing ordinance was read for the second time and passed to its third reading by the following Ellroy King Absent James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr.. Aye RESOLUTION NO. 5462 COMMENDING STATE HIGHWAY PATROLMEN K. D. WOOLSEY AND J. W. BISSETT FOR THEIR ACTS OF BRAVERY IN THE SAVING OF HUMAN LIFE ON OR ABOUT AUGUST 7, 1959, IN CLARKWOOD, TEXAS; AND DECLARING AN EMERGENCY. WHEREAS, on or about August 7, 1959, at 8:55 p. m. in Clarkwood, Texas, on Texas State Highway No. 44, an automobile accident occurred which caused one of the vehicles involved to catch fire and endanger the lives of the occupants of the vehicle; and WHEREAS, Texas Highway Patrolmen K. D. Woolsey and J. W. Bissett happened to be near the scene of the accident and recognizing the necessity for immediate action and disregarding their own personal safety proceeded to rescue from the burning car the occupants thereof: Mrs. Joseph W. Sammons and her five children, Cindy 10, Randall 8, Robert 6, Christopher 3, and Linda Sue 8 months; and WHEREAS, the action and conduct of the said patrolmen was above and beyond the call of duty and deserves the expression of appreciation by representatives of the public for their heroic deeds; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Corpus Christi that Highway Patrol- men K. D. Woolsey and J. W. Bissett be and they are hereby personally commended for their thoughtfulness, cool and considered conduct under extreme circumstances and acts of bravery in rescuing from a burning automobile the'six occupants thereof without regard for the danger which they incurred to their own persons and in re- cognition thereof this expression of appreciation on behalf of the public is hereby made by the representatives of the public. 250 BE IT FURTHER RESOLVED that the necessity for immediate and adequate expression of appreciation on behalf of the public for unusual and humanitarian action of the part of the hereinabove named patrolmen creates a public emergency and an imperative public necessity, requiring the suspension of the Charter Rule that no ordinance or resolution shall be passed finally on the date of its introduction and that said ordinance shall be read at three several meetings of the City Council, and the Mayor, having declared such emergency and im- perative public necessity to exist, having requested the suspension of said Charter Rule and that this resolu- tion be passed finally on the date of its introduction and that this resolution take effect and be in full force and effect from and after its passage, IT IS ACCORDINGLY PASSED AND APPROVED, this the 12 day of August, 1959. ATTEST: /s/ T. Ray Kring City Secretary APPROVED AS TO LEGAL FORM THIS 12 DAY OF AUGUST, 1959: /s/ I. M. Singer City Attorney /s/ James L. Barnard MAYOR PRO TEM THE CITY OF CORPUS CHRISTI. - TEXAS.' The Charter rule was suspended by the following vote: Ellroy King Absent James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye The foregoing resolution was passed by the following vote: Ellroy King Absent James L. Barnard Aye Mrs. Ray Airheart Aye *See Motion at end of minutes. Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye ORDINANCE NO. 5463 AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AN AGREEMENT; FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TEXAS, WITH THE UNITED STATES OF AMERICA TERMINATING LEASE AGREEMENT NO. NOy(R)-60302 HERETOFORE ENTERED INTO BETWEEN THE UNITED STATES OF AMERICA AND THE CITY OF CORPUS CHRISTI, TEXAS, FOR THE LEASE OF CUDDIHY FIELD; PROVIDING FOR THE CONSIDERATION TO BE PAID TO THE GOVERNMENT; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Ellroy King Absent James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Abstained Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye The foregoing ordinance was passed by the following vote: Ellroy King Absent James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Abstained Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye NOTE: Commissioner Joseph B. Dunn requested that the record reflect that he was abstaining from discussion and voting due to his affiliation with the United States Navy. ORDINANCE NO. 5464 AUTHORIZING AND DIRECTING THE CITY ATTORNEY TO DISMISS AND SETTLE A CONDEMNATION SUIT HERETOFORE FILED AGAINST W. J. ROBERTS AND L. R. CROCKETT, THE OWNERS OF A 1.8 ACRE TRACT OF LAND LOCATED ON SHELL ROAD, ADJACENT TO THE CORPUS CHRISTI COUNTRY CLUB; PROVIDING FOR THE CONSIDERATION FOR SAID SETTLEMENT AGREEMENT; -AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: 251 Ellroy King Absent James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye The foregoing ordinance was passed by the following vote: Ellroy King Absent James L. Barnard. Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye Mr. Lloyd Sessions, President, Corpus Christi Tennis Association, read the following letter of commendation to the Council: "In behalf of the Corpus Christi Tennis Association, I wish to express to his Honor Malgr King, Mayor Pro Tem Barnard, and the Council our gratitude for their endorse- ment of the Tennis Center. The deeper impact of your support is that you have encouraged a great and good man, Mr. H. E. Butt, his gracious wife and his family in a continuance of their generous philanthropy in our community. The Butt family are sharing with the citizenry of Corpus Christi, and are outstanding among those who are contributing to the stature of our city in the development of a clean, competitive sports program by our Park and Recreation Board and Staff. Again, our sincere appreciation for the enabling action you have finalized today. August 12, 1959 /s/ Lloyd Sessions L1oyd.Sessions, President Corpus Christi Tennis Association1° Mayor Pro Tem Barnard next invited anyone in the audience with petitions or information for the Council on matters not scheduled on the agenda to come forward and be heard. Mr. Conway Craig, representing T. M. Gannaway, Jr., owner of preperty at the intersection of Roberts, Alameda, and Avalon Streets, spoke in opposition to the sidewalks scheduled to be built along these streets. He stated that the walks are not scheduled for the places where they are needed, and that new sidewalks along Alameda would be unnecessary, since such walks are already built in front of the store buildings. Mayor Pro Tem Barnard referred the matter to the City Manager or Acting City Manager to make a study and make a firm recommendation by Monday, August 17, 1959. There being no further business to come before the Council, the meeting was adjourned. *Motion by Pat Dunne, seconded by Joseph B. Dunn, and passed, that copies of Resolution No. 5462 be sent to Col. Homer Garrison, Jr., Director, Texas Dept. of Public Safety, Austin, Texas, and to the two patrolmen through Major Kent Odem, in charge of the local Highway Patrol Office. REGULAR COUNCIL MEETING August 19, 1959 2:00 P. M. PRESENT: Mayor Ellroy King Commissioners: Mrs. Ray Airheart Joseph B. Dunn R. A. Humble Gabe Lozano, Sr. Mayor Ellroy King called the meeting to order. Acting.City Manager I. M. Singer City Secretary T. Ray Kring Asst. City Attorney Bernard Schrader The Invocation was given by Reverend L. E. Rogers of the Seventh -day Adventist Church. City Secretary T. Ray Kring called the roll of those in attendance. Motion by Airheart, seconded by Lozano, and passed, that the absence of Commissioners James L. Barnard and Patrick J. Dunne be excused, because of absence from the City. Motion by Lozano, seconded by Airheart, and passed, that the minutes of the regular meeting of August 1231 1959, be approved. Mayor King announced the opening of bids. Bids were opened and read on 500 Aluminum or Cast Iron Case regular type Gas Meters from the following: 252 American Meter Company Rockwell Manufacturing Company The Sprague Meter Company Motion by Airheart, seconded by Lozano, and passed, that the foregoing bids be tabled for 48 hours, as required by the City Charter, and referred to the City Manager for tabulation and recommendation. Bids were opened and read on various numbers, types, and sizes of Water Meters from the following: Badger Meter Manufacturing Company Hersey Manufacturing Company Rockwell Manufacturing Company Motion by Humble, seconded by Joseph B. Dunn, and passed, that the.foregoing bids be tabled for 48 hours, as required by the City Charter, and referred to the City Manager for tabulation and recommendation. Mayor King announced that the Council would next hear the City Manager's reports. Motion by Lozano, seconded by Humble, and passed, that the City Manager's requests and recommenda- tions be granted and approved, relative to the following: a. That the City Manager be authorized to advertise for bids to be received September 2, 1959, on 15,160' of various sizes and types of Asbestos Cement and/or Cast Iron Pipe; b. That the City Manager be authorized to advertise for bids to be received September 2, 1959, on various types, sizes, and amounts of M. J. Gate Valves, Fittings, C. I. Pipe; C. That award of bid be made to Texas Linen Service for.supplying and laundering 8,624 Sheets, #1 grade, @ $0.10; 4,342 Pillow Cases, #1 grade, @ $0.05; and 19,370 Linen Dish Towels @ $0.022; and to Corpus Christi Linen Service for 7,800 Shop Towels @ $0.02; (See Bid Tabulation #40 in File) d. That award of bid be made to Gulf Star Foundries for 15 14" x 24" Meter Boxes with Lids @ $15.44; 200 Valve Box Boots - (HEAVY) @ $8.23; 100 Valve Box Lids marked "WATER" @ $1.72; 270 Machined Manhole Rings & Covers (HEAVY) @ $27.88; and 200 Short Valve Box Extensions @ $2.70; and to San Antonio Machine & Supply Company for 1200 Oval Meter Boxes with Lids @ $4.31; (See Bid Tabulation #41 in File) e. That award of bid be made to TexCrete Company on the second low bid for 1,300' of 12" Reinforced Concrete Pipe @ $0.83, 19,500' of 15"Reinforced Concrete Pipe @ $1.04, 7,200' of 18" Reinforced Concrete Pipe @ $1.28, 3,550' of 24" Reinforced Concrete Pipe @ $2.12, and 600' of 30" Reinforced Concrete Pipe @ $3.14, as being most advantageous for the City; (See Bid Tabulation #42 in File) f. That the Tax Error and Correction List and Supplemental Tax Roll for July,i 1959, be approved; g. That the Plans and Specifications for patching and seal -coating 20.8 miles of streets be x approved, and that the City Manager be authorized to advertise for bids to be received September 9, 1959, for such construction; h. That in the matter of assessments for Agnes -Laredo Street Improvement, (1) where existing : sidewalks cannot be used because of poor condition or improper grade, new sidewalks be installed and the property owners assessed the cost thereof-, (2) where existing sidewalks were of a quality and grade that could be used but were torn up for installation of the new gas main, the part that could have been used be credited to the. property owner; (3) that where part of the existing sidewalk can be used by installation of a portion so as to slope not more than 3/8" in one foot from the existing part to the grade of the new curb, the part that can be used be credited to the property owners; and (4) that the City accept the assessments as follows: 1-a Items 157 and 194, Arnold M. Gonzales, Lot 1, Block 6, Home Place Addition, in the amounts of $476.09 and $118.34, as being homesteads; and 2-a Item 14, C. B. Diaz, Lots 5 and 6, Block 13, Patric4 Webb Addition, $327.55; -Item 200, Pedro Cavarrubias, Lot 13, Block 7, Patrick Webb Addition, $276.21; as being homesteads; t i. That in the application of Mr. Conway C. Craig, representing T. M. Gannaway, Jr., relative to sidewalks along Roberts, Alameda, and Avalon Streets, Acting City Manager I. M. Singer stated that this matter had been previously disposed of. ORDINANCE NO. 5465 APPOINTING ASSISTANT JUDGES AND CLERKS AND OTHER ELECTION OFFICERS TO SERVE IN THE HOLDING OF THE ELECTION ON THE PROPOSITIONS FOR THE ISSUANCE OF BONDS FOR VARIOUS PROJECTS, ALL AS SET OUT IN ORDINANCE NO. 5455, ADOPTED AUGUST 5, 1959, AND TO SERVE AS ELECTION OFFICIALS IN THE HOLDING OF THE ELECTION SUBMITTING THE PROPOSITION OF THE LEASING OF PORTIONS OF THE NEW MUNICIPAL AIRPORT TO BE HELD AUGUST 29, 1959, AS PROVIDED IN ORDINANCE NO. 5456, ADOPTED AUGUST 5, 1959; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Ellroy King Aye James L. Barnard Absent Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Absent R. A. Humble Aye Gabe Lozano, Sr. Aye The foregoing ordinance was passed by the following vote: Ellroy King Aye James L. Barnard Absent Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Absent R. A. Humble Aye Gabe Lozano, Sr. Aye ORDINANCE NO. 5466 AMENDING ARTICLE VI OF SECTION 16 OF THE CORPUS CHRISTI CITY CODE, 1958, PERTAINING TO FROZEN DESSERTS AND MORE PARTICULARLY AMENDING SECTION 16-117, SUB -PARAGRAPH (g) CONCERNING WATER SUPPLY, BY ADDING THERETO "AS DETERMINED BY A TESTING METHOD APPROVED BY THE HEALTH DEPARTMENT"; -AMENDING SECTION 16-117 BY ADDING A NEW SUB -PARAGRAPH DESIGNATED AS SUB -PARAGRAPH (z) REQUIRING THAT THE COLIFORM COUNT,SHOULD NOT AT ANY TIME EXCEED TEN (10) MILILITER PRIOR TO DELIVERY; AND FURTHER AMENDING ARTICLE VI OF SAID SECTION 16 BY ADDING THERETO A NEW SECTION KNOWN AS SECTION 16-125A, PERTAINING TO THE SALE OF FROZEN DESSERTS BY OPERATORS OF MOBILE UNITS WITHIN THE'CITY OF CORPUS CHRISTI; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Ellroy King Aye James L. Barnard Absent Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Absent R. A. Humble Aye Gabe Lozano, Sr. Aye The foregoing ordinance was passed by the following vote: THIRD READING OF AN ORDINANCE: Ellroy King Aye James L. Barnard Absent Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Absent R. A. Humble Aye Gabe Lozano, Sr. Aye ORDINANCE NO. 5467 253 GRANTING TO HOUSTON NATURAL GAS CORPORATION AN EXTENSION FOR A PERIOD OF THIRTY (30) YEARS OF ITS PRESENT FRAN- CHISE TO CONSTRUCT AND OPERATE GAS PIPES AND MAINS, ALONG THE STREETS, AVENUES, ALLEYS AND PUBLIC -PLACES OF THE CITY OF CORPUS CHRISTI, TEXAS, A COPY OF WHICH IS.ATTACHED TO THIS ORDINANCE AND INCORPORATED THEREIN.BY REFERENCE, AND DELETING CERTAIN SECTIONS THEREOF; MAKING SUCH FRANCHISE'AS EXTENDED BINDING ON SUCH CORPORATION'S SUCCESSORS AND ASSIGNS; PROVIDING FOR ACCEPTANCE BY THE COMPANY; PROVIDING AN EFFECTIVE DATE; AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the third time and passed finally by the following vote: Ellroy King Aye James L. Barnard Absent Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Absent R. A. Humble Aye Gabe Lozano, Sr. Aye Mr. Farrell D. Smith appeared in opposition to the sale of the L -Head property to the Corpus Christi Yacht Club. He stated that he believes the value of the land involved far exceeds the amount involved in the sale, and he is prepared to offer the City $50,000 for the subject property. Mr. Lee McMillan, Mr. Robert H. Blair, Mrs. W. Armstrong Price, and Mr. Robert Flato spoke in favor of the sale to the Yacht Club. 254 It was the concensus of the Council that the sale was in the public interest and that the proposed improvements would greatly benefit the economy of the City and would provide another interest and attraction to the tourist as well'as a great number of local citizens. THIRD READING OF AN ORDINANCE: ORDINANCE NO. 5468 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE CONTRACT OF SALE AND DEED OF CONVEYANCE BY AND BETWEEN THE CITY OF CORPUS CHRISTI AND THE CORPUS CHRISTI YACHT CLUB, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF. The foregoing ordinance was read for the third time and passed finally by the following vote: Ellroy King Aye James L. Barnard Absent Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Absent R. A. Humble Aye Gabe Lozano, Sr. Aye ORDINANCE NO. 5469 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A GRAZING LAND LEASE AGREEMENT WITH JESSEE GARCIA, LEASING CERTAIN LAND AT CUDDIHY FIELD, BEING 78 ACRES, TO BE USED FOR GRAZING OF HORSES ONLY, WHICH AGREEMENT SHALL BE ON THE FORM FOR LEASE OF CUDDIHY FIELD PREPERTY HERETOFORE APPROVED BY THE NAVY; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Ellroy King Aye James L. Barnard Absent Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Absent R. A. Humble Aye Gabe Lozano, Sr. Aye The foregoing ordinance was passed by the following vote: Ellroy King Aye James L. Barnard Absent Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Absent R. A. Humble Aye Gabe Lozano, Sr. Aye Mayor King next invited anyone in the audience with petitions or information for the Council on matters not scheduled on the agenda to come forward and'be heard. Mr. W. N. Cooper , Realtor, representing Mr. Paul Lefforge, spoke with reference to an apparent misunderstanding between Mr. Lefforge and the City as to the meaning or intent of a contract involving land concerned with the extension of McArdle Road. The matter was taken under advisement, for further study and a full report by the City Manager. There being no further business to come before the Council, the meeting was adjourned. SPECIAL COUNCIL MEETING August 25, 1959 7:30 P. M. PRESENT: Mayor Ellroy King Commissioners: Dr. James L. Barnard Mrs. Ray Airheart Joseph B. Dunn Patrick J. Dunne R. A. Humble Gabe Lozano, Sr. City Manager Herbert W. Whitney City Attorney I. M. Singer City Secretary T. Ray Kring applications. Mayor Ellroy King -called the meeting to order. City Secretary T. Ray Kring called the roll of those in attendance. Mayor King announced that the purpose of this meeting was to hold public hearings on seven zoning The first application on the agenda was the application of Mr. Gilbert Cantu to re -zone lots 7 and 8, Block 13, Nueces Bay Heights, being located at 2916 Dempsey Street, from "R-2" Two Family Dwelling District to "B-1" Neighborhood Business District. Mr. Bob Burr of the Zoning and Planning Department, gave a history of the case and located the subject property on the Zoning Map and the Use Map. He stated that the recommendation of the Zoning Commission was to deny the application, on the basis of its being spot zoning. The recommendation, however, included advising Mr. Cantu that he has recourse in the Board of Adjustment in a case such as this. Mr. Burr stated that the notices did not indicate any objections to the zoning. Mr. Cantu stated that this business has been in existence for more than thirty years, but that because it is a non -conforming building and could not be rebuilt if destroyed more than 50%, he is requesting this re -zoning for protection. In answer to a question by Commissioner Joseph B. Dunn, Mr. Cantu stated that he did not want to go to the Board of Adjustment, because each new application raises his cost. There were no other speakers for or against this application. Motion by Humble, seconded by Joseph B. Dunn, and passed, that the hearing be closed and that the recommendation of the Zoning Commission be upheld and the application be denied on the basis of spot zoning, but that Mr. Cantu be advised to take his problem to the Board of Adjustment. Commissioners Airheart and Lozano voted "Nay." Next on the agenda was the application of Mr. Howard L. Dahlberg, et al, to re -zone a 3.5 acre tract out of Lot 9, Section A, Paisley Subdivision of the Hoffman Tract, facing on Everhart Road and backing up to Parkdale Village Unit 1, from "A-2" Second Apartment House District to "B-1" Neighborhood Business District. Mr. Burr gave a history of the zoning and status of this property, and located it on the map. He said the drive-in theatre across the street is a non -conforming use, but was there when the area was annexed to the City. He stated that the Zoning & Planning Commission had received two notices.for and two against this application, and that a petition had been presented by residents of Parkdale Village containing 40 signatures opposing the application. Mr. Burr stated that the recommendation of the Zoning Commission was that the applica- tion be denied on the basis of adequate business zoning in the area, and stated that "A-2" zoning permits such businesses as doctors' offices. Mr. K. E. Wallace, owner of a tool company, stated that he formerly operated a large tool company, but that he now operates a hand tool business. He stated that other businesses in the area make this property unsuitable for residential purposes. Mr. Lee Mahoney, attorney representing Mr. and Mrs. Dahlberg and Mrs. Oliphant, applicants in this matter, stated that although he does not represent Mr. Wallace, he does concur in the statements Mr. Wallace made, and added that heavy traffic on Everhart Road makes this property undesirable for residential purposes but good for business. He stated that the objections relative to adverse effect on school property is not real- istic, inasmuch as the school property is at least a quarter -mile from the subject property. Mr. Joe Alsup, attorney representing Frank Sacky, stated that Mr. Sacky has a residence which could be converted to business use, and has a prospect of opening a beauty shop there. He stated that this property is basically a business section, rather than apartment section. Mr. George Shaffer, attorney, and Mrs. Oliphant, property owner and applicant, spoke in favor of the re -zoning. 255 256 Mr. W. P. McDannell, 4650 Mildred, spoke in favor of the application, stating that small businesses can be controlled, but that residential or apartment property cannot be controlled. No one appeared in opposition to the application. Motion by Pat Dunne, seconded by Humble, and passed, that the hearing be closed, the Commission be overruled, and that the application be granted, subject to proper platting. Next was the application of Mr. Frank C. Sacky to re -zone Lots 12 and 13, Block 2, Southland Estates, being that property at 5435 and 5445 Kostoryz, from 11B-1" Neighborhood Business District, to "B-3" Secondary Business District. Mr. Burr located the property on the map and stated that Mr. Sacky wants to re -zone and divide two large lots into four small lots, for more marketability, but that he has not indicated any intention of developing the property himself. Mr. Burr stated that the recommendation of the Commission was to deny this application on the basis of spot zoning, since there is no other secondary business district in the area. Mr. Joe Alsup, representing Mr. Sacky, stated that this property is now vacant because no one will invest a substantial amount of money in property with the narrow scope of "B-1" zoning but a potential of the types of business allowed in "B-3" zoning. No one else appeared to speak for or against this application. Motion by Humble, seconded by Joseph B. Dunn, and passed, that the hearing be closed and the re- commendation of the Commission be upheld and the application denied, as being spot zoning. Next was the application of Texas Linen Service to re -zone Lot 12, Forrest Park Addition, Unit 2, being property at 3042 Buffalo, from "A-1" First Apartment House District, to "L -I" Light Industrial District. Mr. Burr located this property on the map, and stated that the application is for a specific pur- pose, being needed by the Texas Linen Company for size, primarily. He stated that the Commission received four notices for and one against this application. Opposition was shown at the Commission meeting, particularly by the Forrest Park Baptist Church. Mr. Burr stated that the recommendation of the Commission was that the appli- cation be denied, on the basis of spot zoning and the adverse effect on the neighborhood. Mr. William Bonilla, attorney representing Mr. Meyers, owner of Texas Linen Service, stated that the property where the company is presently located has been condemned by the City for future business use. He stated that his belief is that "light industrial" is a misnomer, by reason of the fact that this company supplies towels and other linens to customers on a rental basis. The plans of the company are to build a large building which would be an asset to the community, and that the primary concern is to obtain property large enough for the purpose at a price the company considers reasonable, and which is also at a location easily accessible, by bus or walking, to the personnel employed by them, chiefly women. Mr. Bonilla stated that the company has been unable to find property anywhere else in the City, either through their own efforts or those of agents, which is large enough and accessible enough for the purpose. He said the building plans have been drawn and are in the hands of building contractors for bids, at this time, and that time is a major consideration in this application. He said the Texas Linen Service is willing to give the church the easement they desire, which is their chief objection to the zoning. Mr. Bonilla stated that, even though this application would constitute spot zoning, he believed, and had found precedent for, each case being considered on its merit, rather than on a blanket consideration. Mr. Bob Crowe, realtor representing Mr. Fred Morgan, the present owner of the property, and Mr. T. W. Anderson and Mr. Bob Meyers, representing Texas Linen Service, spoke in favor of this application. A discussion between Mayor King and Mr. Burr reflected that zoning changes are likely, due to the proposed construction of Interstate Highway 37, but that speculation as to what the changes will be is difficult. Commissioner Humble stated that, since it appears the'Harland Bartholomew study and consideration of Highway 37 would cause inevitable delay, he would be in favor of granting this application, rather than dis- courage industry in Corpus Christi. 257 In rebuttal, Mr. Bonilla reiterated that each case must be decided on its merits, particularly if it is in the public interest, and requested the Council to make a decision now. In answer to a question from Mayor King, City Attorney Singer agreed that each case must stand or fall on its merits, that spot zoning may be good or bad, depending on whether it fits into the general pattern of the community, but that in no case did he believe that spot zoning is illegal. He said it is at the dis- cretion of the Council to make the decision, and that this is not the common type of spot zoning, since this entire general area is }nostly industrial, Motion by Humble, seconded by Barnard, and passed, that the hearing be closed and the application be granted, with the restriction of limitation to a linen service type of business, and with no time limit on the restriction. Next was the application of Mr. Sam Davis, -Jr., to re -zone Lots 10 and 15, Block 6, Woodlawn Estates, being 1517 Woodlawn and 1518 Clare Street respectively, from "R-1" One Family Dwelling District to "B-3" Secondary Business District. Mr. Burr called attention to the similarity of this application to one by'Mrs. VanAtten, which was granted by the Council some weeks ago. He stated that the owners of the subject property in this application have taken the legal action to have the deed restrictions removed, and the present plans are to set up a boat barn. The Commission recommends the zoning change be granted, on the basis of its being a logical extension of present zoning. No one was present to speak in favor of this application. Mr. Fred Harris, 1601 Woodlawn, appearing in behalf of home owners in the area, spoke in opposition to this application, stating that he is defending their property for values. In a prepared statement which he read, Mr. Harris indicated that the home owners feel their property would be devaluated by the subject.re-zoning. He then stated that he'had not been aware that the deed restrictions had been removed. No one else appeared to speak either for or against this application. Commissioner Airheart moved that the application be denied, on the basis of the absence of the applicant. There was no second to the motion. Motion by Joseph B. Dunn, seconded by Humble, and passed, that the recommendation of the -Zoning and Planning Commission be upheld and the re -zoning granted, as a logical extension of present zoning. Commissioner Airheart voted "Nay." Next was the application of Mr. Edward B. Quaile, et al, to re -zone Tracts P and Q, Lots 1 and 2, Tract R, and a portion of the south corner of Tract S, described as fronting 95 feet on'Kostoryz and 145.75 feet on Green Street, all in Lexington Place Subdivision, from "R-1" One Family Dwelling District to "B-3" Secondary Business District. Mr. Burr located the property on the map, described the surrounding property, and stated that the recommendation of the Commission was to deny the application, on the basis that business zoning would be an encroachment on residential area. Mr. Quaile, property owner and applicant, stated that the Kostoryz Street Area had become a business area and has outgrown its value as a residential area. He stated that he needs his property for use as a parking lot in connection with an existing business. Mrs. 9dward L. Olsovsky, owner of Lot Q, stated that she wants to put in an upholstering business, and that because of the heavy traffic load and the speed thereof on Kostoryz, the property is not suitable for residential area where there are children. Mr. L. A. Skrobarczyk, resident of Kingsville but owner of a home on Kostoryz, stated that he would be unable to live in his home when he returns to Corpus Christi from Kingsville, because the heavy, speeding traffic would make it too dangerous for his nine children, and hence favored the zoning. 258 No one was present to speak in opposition to this application. Motion by Joseph B. Dunn, seconded by Humble, and passed, that the hearing be closed and the Council take the application under advisement for further study. Next was the application of Mr. S. L. Hall to re -zone the east 50 feet of Lot 14, Block 6, Colonia Hidalgo Addition, being property located on the southwest corner of Barrera Street and West Point Road, from "R-1" One Family Dwelling Distring to "B-1" Neighborhood Business District. Mr. Burr located the property on the zoning and use maps, and stated that the original recommenda- tion had been to deny the application as being spot zoning. However, after consideration, the Commission decided that the zoning would be a logical extension of present zoning, and the recommendation is to -approve the application. Mr. Hall, applicant, stated that his reason for requesting this change is so that he may be able to open a small business to serve hamburgers, ice cream, etc., primarily to serve the young people of the neighborhood and give them a decent place to gather for refreshments, and to make conditions better for the colored people in the area. No one else appeared either for or against this application. Motion by Pat Dunne, seconded by Humble, and passed, that the hearing be closed, the recommendation of the Commission be upheld, and the zoning granted. There being no further business to come before the Council, the meeting was adjourned. REGULAR COUNCIL, MEETING August 26, 1959 2:00 P. M. PRESENT: Mayor Ellroy King Commissioners: Dr. James L. Barnard Mrs. Ray Airheart Joseph B. Dunn Patrick J. Dunne R. A. Humble Gabe Lozano, Sr. Mayor Ellroy King called the meeting to order. City Manager Herbert W. Whitney City Attorney I. M. Singer City Secretary T. Ray Kring The Invocation was given by Reverend William DeAngelis, 0. S. B., of'St. Theresa Church. City Secretary T. Ray Kring called the roll of those in attendance. Motion by Airheart, seconded by Pat Dunne, and passed, that the minutes of the regular meeting of August 19, 1959, be approved. Mayor King announced the opening of bids. Bids were opened and read on the lease of 35 acres of farm land at 0. N. Stevens Filter Plant, from the following: Tommy M. Bernsen W. C. Nicholson Motion by Barnard, seconded by Pat Dunne, and passed, that the foregoing bids be tabled for 48 hours, as required by the City Charter, and referred to the City Manager for tabulation and recommendation. Mayor King next announced the Council would consider an appointment to the Board of Electrical Examiners to fill the unexpired term of Mr. Ted Duce, who has moved out of the City. Mr. Bill Miller was nominated. Motion by Pat Dunne, seconded by Humble, and passed, that the appointment of Mr. Bill Miller to the Board of Electrical Engineers be approved as stated. Mayor King announced that the Council would next hear the City Manager's reports. Motion by Humble, seconded by Pat Dunne, and passed, that the City Manager's requests and re- commendations be granted and approved, relative to the following: a. That award of bid on 500 Aluminum or Cast Iron Gas Meters be made to Rockwell Manufacturing Company, on a bid of $23.28; (See Bid Tabulation #43 in File) b. That award of bid be made to Rockwell Manufacturing Company on 15 - 2" Current Type Water Meters on a bid of $149.84; and to Badger Meter Manufacturing Company for 1500 - 5/8x3/4 Meters @ $25.15, 35 - 1-1/2@ Displacement Type Water Meters @ $108.99, 10 - 2" Compound Type Water Meters @ $303.75, and 4 - 3" Compound Type Water Meters @ $456.50; as being the lowest bids meeting the City's requirements; (See Bid Tabulation #44 in File) C. That, relative to the Agnes -Laredo Street Improvement Program, the City accept the following assessments, as being homesteads: Item 18. Lots 15 and 16, Block 3, Patrick Webb Addn., Oscar Garza; Item 32. Lots 1 and 2, Block 15, Chamberlain Addn., Garza and Ayala; Item 50. Lots 15 and 16, Block 12, Chamberlain Addn.., Richards and Roth; Item 52. Lots 5 and 6, Block 11, Chamberlain Addn., Celia Lozano Wilmot; Items 77 and 189. Lots 6 and 7, Block 6, Home Place Addn., Martin H. Nelson, owner; Item 82. Lots 11 and 12, Block 2, Chamberlain Addn., John Charles Brooke; Items 90 and 195. Lots 15 and 16, Block 5, Chamberlain Addn., Mary C. Almaguer, widow; Item 92, Lots 5 and 6 and part of Lot 7, Block 6, Chamberlain Addn., Tomasita Gonzalez, widow; Item 183. Lots 9 and 10, Block 5, Home Place Addn., Mrs. Guadalupe Garza, widow; Item 185. Lot 7, Block 5, Home Place Addn., Jose M. Botello; Items 156 and 188. Lots 1 and 2, Block 5, Home Place Addn.., Joseph C. Moody; Item 194. Lot 1, Block 6, Home Place Addn., Arnold M. Gonzales;. . d. That the appointments of substitute Election Judges and designation of substitute Polling places be approved as follows: CITY COUNTY. PRECINCT NO. PRECINCT NO. 1 1 5 5 11 21 15 32 42 65 52 75 60 83 63 86 66 89 68 91 73 96 74 97 POLLING PLACE International Brotherhood of Boilermakers 1602 Antelope Wenger Hotel 1215 Kinney Montclair School 5241 Kentner Woodlawn Elementary School 1110 Woodlawn JUDGE P. T. Moore Henry J. Kerber Mrs. A. A. McBride Mrs. Lydia Trujillo Mrs. Odom Dolan Mrs. J. M. Morris Mrs. Robert L. Cline Woody Davis Mrs. Milton Bess e. That the City Manager be authorized to execute a Change Order for construction of a temporary road to provide access to Tule Lake Lift Bridge, because of the necessity of removing the Barge Bridge so that the channel may be widened; this project estimated to cost between $16,000.and #18,000, to be divided between the City, County, and Navigation District, with each Agency's share not to exceed $6,000; f. That the City Manager be authorized to execute a contract with U. S. Army Engineer District to provide water and sewerage service to the Army Reserve Training Center, Corpus Christi; which said Contract No. DA-41-243-eng-4001 provides for a $333.00 "nonrefundable, non-recurring service charge for furnishing and installing 2 -inch water line, meter, water hydrant, and making tap to existing water line. The Government's share ($2,500.00) of the cost of extending the sewer line is provided for as a connection charge in Contract. No. DA-41-243-eng-4061." FIRST READING OF AN ORDINANCE: AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE,FOR AND ON BEHALF -OF THE CITYOFCORPUS CHRISTI, A QUIT- CLAIM DEED TO FRANK CECH QUITCLAIMING APPROXIMATELY 1225 SQUARE FEET AND A QUITCLAIM DEED TO W. R. HUBLER, QUIT- CLAIMING APPROXIMATELY 1600 SQUARE FEET, IN EXCHANGE FOR QUITCLAIM DEEDS FROM FRANK CECH AND W. R. HUBLER TO THE CITY OF CORPUS CHRISTI, QUITCLAIMING APPROXIMATELY 2600 SQUARE FEET, ALL BEING ACREAGE ABUTTING THE 2800 BLOCK OF OCEAN DRIVE; PROVIDING FOR THE CITY MANAGER TO DELIVER SAID QUITCLAIM DEEDS TO FRANK CECH AND W. R. HUBLER UPON DELIVERY TO THE CITY MANAGER BY W. R. HUBLER AND FRANK CECH OF THE SAID QUITCLAIM DEEDS TO THE CITY OF CORPUS CHRISTI. The foregoing ordinance was read for the first time and passed to its second reading by the following vote:, Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye 259 260 Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye ORDINANCE NO. 5470 AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, SIX CONSENT AGREEMENTS WITH THE TEXAS -MEXICAN RAILWAY COMPANY AND THE UNITED STATES OF AMERICA, RATIFYING THE RIGHTS OF CERTAIN EXISTING CITY UTILITY INSTALLATIONS, CROSSING THE NAVAL AIR STATION, CORPUS CHRISTI, TEXAS, RAILROAD OPERATED UNDER LEASE BY THE TEXAS -MEXICAN RAILWAY COMPANY, A COPY OF EACH CONSENT AGREEMENT BEING ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye The foregoing ordinance was passed by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart. Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye ORDINANCE NO. 5471 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. 2266 PASSED AND APPROVED ON THE 4TH DAY OF MAY, 1948, APPEARING OF RECORD IN VOLUME 16,. PAGES 339 ET SEQ OF THE ORDINANCE AND RESOLUTION RECORDS, AND AS AMENDED BY ORDINANCE NO. 4846 ADOPTED ON THE 21ST DAY OF AUGUST, 1957, APPEARING OF RECORD IN VOLUME 26, PAGES 385 ET SEQ OF THE ORDINANCE AND RESOLUTION RECORDS, BY AMENDING THE ZONING.MAP BY CHANGING THE ZONING OF BLOCK 82, BROOKLYN ADDITION, BEING LOCATED ON.THE WEST SIDE OF AVENUE D, BETWEEN BURLESON AND CUSTOM STREETS, FROM "A-4" TOURIST COURT DISTRICT TO "B-3" SECONDARY 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 by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye The foregoing ordinance was passed by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye Mayor King next invited anyone in the audience with petitions or information for the Council on matters not scheduled on the agenda to come forward and be heard. Reverend Kenneth E. Hiner of the Forrest Park Baptist Church requested a re -hearing relative to the re -zoning which was granted to the Texas Linen Service at the Special Council Meeting of Tuesday night, August 25. He stated that through a misunderstanding, no one was present at the special meeting to state the objections of the church to this re -zoning. He apologized to the Council for being derelict in his duty to appear, but asked that consideration be given to the request. visement. Motion by Humble, seconded by Pat Dunne, and passed, that the Council take this request under ad- Mr. Clifford Cosgrove, resident, spoke in opposition to the bond election scheduled for. August 29, objecting particularly to the Memorial Hospital Bond Proposition and the Swimming Pool Proposition. There being no further business to come before the Council, the meeting was adjourned. 26.1 REGULAR COUNCIL MEETING September 2, 1959 r 2:00 P. M. PRESENT: Mayor Ellroy King Commissioners: Dr. James L. Barnard Mrs. Ray Airheart Joseph B. Dunn - Patrick J. Dunne R. A. Humble Gabe Lozano, Sr. Mayor Ellroy King called the meeting to order. City Manager Herbert W. Whitney City Attorney I. M. Singer City Secretary T. Ray Kring The Invocation was given,by Monsignor F. .T. Kasper, of St. Cyril & Methodius Church. City Secretary T. Ray Kring called the roll of those in attendance. Motion by Pat Dunne, seconded by Humble, and passed, that the minutes of the regular meeting of August 26, 1959, and the special meeting of August 25, 1959, be approved.. Mayor King announced the opening of bids. Bids were opened and read on asbestos cement and/or cast iron pipe, in various amounts and sizes from the following` American Cast Iron Pipe Co. James B. Clow & Sons, Inc Johns -Manville Lone Star Steel Co. Municipal Pipe & Fabricating Co. Norvell-Wilder Supply Co. U. S. Pipe & Foundry Co. McAllen Pipe & Supply Co. Motion by Barnard, seconded by Humble, and passed, that the foregoing bids be tabled for 48 hours, as required by the City Charter, and referred to the City Manager for tabulation and recommendation. Bids were opened and read on various amounts and sizes of M. J. C. I. Gate Valves, Fittings, and Pipe, from the following: American Cast Iron Pipe Co. The Rohan Company, Inc. Darling Valve & Manufacturing Co. U. S. Pipe and Foundry Co. Iowa Valve Company Viking Supply Corporation Municipal Pipe & Fabricating Co. Wallace Co.,,Inc. Norvell-Wilder Co. McAllen Pipe & Supply Co. Samsco Motion by Barnard, seconded by Pat Dunne, and passed, that the foregoing bids be tabled for 48 hours, as required by the City Charter, and referred to the City Manager for tabulation and recommendation. Mayor.King announced that next on the agenda was the pending item concerning.the application of Mr. E. B. Quaile, et al, to re -zone Tracts P and Q, Lots 1 and 2, Tract,R, and a portion of the south corner of Tract S. fronting 95 feet on Kostoryz and 145.75 feet on Green Street, Lexington Place Subdivision, from "R-1" One Family Dwelling District to "B-3" Secondary Business District. Mrs. Edward L. Olsovsky, owner of Lot Q, was present to hear the decision of the Council. Monsignor Kasper spoke in favor of the.application, and in behalf of Mr. Nemec, applicant, stating that St. Cyril & Methodius Church has no objection to the re -zoning. Commissioner Humble moved that the Zoning Commission be upheld and the request be denied until proper platting of the tract, and Commissioner Barnard seconded, but the motion was withdrawn without a vote. Motion by Humble, seconded by Pat Dunne, and passed, that the zoning be approved on Tracts P and Q, and that the Commission be upheld on the remainder of the land in theapplication and zoning be denied on Lots 1 and 2, Tract R, and Tract S. Next on the agenda was the public hearing on the application of H. E. Butt Grocery Company to re- zone Lots 1 through 5, Alta Vista Grove; Lots 1 through 5, Alta Vista Grove Annex, and Lot 1 of J. N. Laughlin's Unrecorded Subdivision, and except the Southeast 70 feet thereof, being a portion of Lot 4, Section "B", Paisley's Subdivision of the Hoffman Tract, from "R-1" One Family Dwelling District to "B-311 Secondary Business District. Mr. Edward Shaw of the Zoning and Planning Office, located the property on the maps, and stated that -the recommendation of the Commission was to grant the zoning with restrictions. 262 Mr. M. B. Reasoner, Vice -President of H. E. B., presented the case for H. E. B., showing slides of the property involved, architectural drawings of the proposed construction, and color slides of two shopping centers, one in Baltimore and the other in Dallas, which are already -developed shopping centers with malls. He also presented charts and figures concerning the need for a shopping center in the subject area, and con- cerning the development of the shopping centers already in the general area, beginning in 1946. He stated - that the company has options to buy additional land on Houston Street, if this application is approved, for future expansion, although it is not needed at this time. He also stated that the subject property is not'suitable for residential purposes, because the prices are too high. Mr. Reasoner read statements from "Business Week" Magazine concerning shopping center trends throughout the country, and stated that he feels strongly that cities must plan and prepare for shopping centers. Mr. Bob Sorrell, attorney representing Mr. Butt, stated that if the application is granted, and since the overall plan is ready, construction will be started almost immediately, and the existing H. E. B. Store at this location will be moved into -the new -center. He also stated that inclusion of the property at Kostoryz and Houston Streets gives Mr. Butt ownership of all property -in the tract, and there is no question of spot zoning to be considered. Mr. William Bloch, Attorney, representing the Trinity Lutheran Church, stated that the church sold part of the property involved in the subject application, and, in return, H. E. B. is making property available to the church, in the area, which the church considers to be more suitable for their needs. Mr. Ralph Holeman, owner of property across the street on which businesses are already established, stated that he believes a new center on the subject property will help, rather than hurt, his tenants. Other speakers in favor of the application were Monsignor Kasper, Mr. Frisco Roberts, and Mr. Willeford Peck. Mr. -Nicholas Livingston, member of the Port -Ayers Shopping Center Association, spoke in opposition to the application, on the basis of already -established centers in the general area, but stated that probably sometime in the future the center as requested will -be needed. Mr. John Gollihar, manager of Centre Hardware in Port -Ayers Shopping Center, stated that the public has not been denied any services without the proposed center, that the area'`'is fully developed and thus there will be no more new homes built, and that he believes there is no need for this center, so far as the interest of the City is concerned. Mr. Sorrell pointed out that the same man who'd.eveloped the Port -Ayers Center also developed the Arcadia Center, only two or three blocks away, in 1958; and that both centers have had satisfactory growth. In answer to a question from Commissioner Humble, Mr. Reasoner stated that the company hopes to develop the proposed center all at once; that, although some construction may start earlier than other, it is intended to have the entire center planned all at the same time. Motion by Barnard, seconded by Pat Dunne, and passed, that the hearing be closed. Motion by Joseph B. Dunn, seconded by Pat Dunne, and passed, that the Council take a brief recess for discussion of the subject application. The meeting was reconvened and called to order at 3:40 P. M. Motion by Barnard, seconded by Pat Dunne, and passed, that the Zoning Commission be upheld and the zoning be granted, subject to the restrictions imposed by them, and with the stipulation that construction be started within twenty-four months from September 2, 1959. Mayor King announced that the City Council would next hear the City Manager's reports. Motion by Humble, seconded by Barnard, and passed, that the City Manager's requests and recom- mendations be granted and approved, relative to the following: a. - That plans and specifications for Baldwin Street Improvements from Port Avenue to Highway 44 be approved, and that the City Manager be authorized to advertise for bids to be received on September 23, 1959, for subject construction; 263 b. That award of lease of approximately 35 acres of land, located adjacent to the 0. N. Stevens Filtration Plant, for the period of September 1, 1959, through August 31, 1961, to be made to Mr. W. C. Nicholson, on a bid of $5.01 bonus; (See Bid Tabulation #45 in File) C. That Brannon Brothers Construction Company be granted an extension of 15 days for completion of their contract, Seal Coating 36 Miles of Streets, due to excessive rainfall and inability to get deliveries of material; d. That, because of the Pipe Fitters strike from July 1 to July 27, 1959, Bur -Tex Constructors be granted an extension of 24 days for completion of the West -side Sewage Treatment Plant; e. That September 16, 1959, be set as the date for a public hearing on the application of Mr. Norman Foster for closing of a portion of Delores Street; f. That East and West Shoreline, having concrete base,.be deleted from the contract of Brannon Brothers to seal coat approximately 36-3/4 miles of City streets, which contract, due to apparent errors in estimates, has over -run available funds by 100,000 square yards; and that Alameda Street from Parade Place to Alameda Junction be reworked instead of seal -coated, as previously provided; g. That September 23, 1959, be set as the date for public hearing on the application of Robert and Henry Vaclavik and Trinity Church of the Nazarene, for the rezoning of property at 4750, 4802 and 4810 Kostoryz Street. SECOND READING OF AN ORDINANCE: AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, A QUIT- CLAIM DEED TO FRANK CECH QUITCLAIMING APPROXIMATELY 1225 SQUARE FEET AND A QUITCLAIM DEED TO W. R. HUBLER, QUIT- CLAIMING APPROXIMATELY 1600 SQUARE FEET, IN EXCHANGE FOR QUITCLAIM DEEDS FROM FRANK CECH AND W. R. HUBLER TO THE CITY OF CORPUS CHRISTI, QUITCLAIMING APPROXIMATELY 2600 SQUARE FEET , ALL BEING ACREAGE ABUTTING THE 2800 BLOCK OF OCEAN DRIVE; PROVIDING FOR THE CITY MANAGER TO DELIVER SAID QUITCLAIM DEEDS TO FRANK CECH AND W. R. HUBLER�UPON DELIVERY TO THE CITY MANAGER BY W. R. HUBLER AND FRANKjCECH.OF THE SAID QUITCLAIM DEEDS TO THE CITY OF CORPUS CHRISTI. The foregoing ordinance was read for the second time and passed to its third reading by the - following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye ORDINANCE NO. 5472 AMENDING ORDINANCE NO. 4168, GENERALLY REFERRED TO AS PLATTING ORDINANCE, AS AMENDED, BY AMENDING THE MINIMUM STANDARD SPECIFICATIONS SET FORTH IN SUB -PARAGRAPH 4 OF SUB -SECTION B OF SECTION V OF SAID ORDINANCE TO REQUIRE STREET MARKERS TO BE REFLECTORIZED AND OF THE CROSS -ARM TYPE; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye The foregoing ordinance was passed by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye ORDINANCE NO. 5473 AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI ADOPTED ON THE 27TH DAY OF AUGUST, 1937, APPEARING ON 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. 2266 PASSED AND APPROVED ON THE 4TH DAY OF MAY, 1948, APPEARING OF RECORD IN VOLUME 16, PAGES 339 ET SEQ OF THE ORDINANCE AND RESOLUTION RECORDS, AND AS AMENDED BY ORDINANCE NO. 4846 ADOPTED ON THE 21ST DAY OF AUGUST, 1957. APPEARING OF'RECORD IN VOLUME 261 PAGES 385 ET SEQ OF THE ORDINANCE AND RESOLUTION RECORDS, BY AMENDING THE ZONING MAP BY CHANGING THE ZONING OF LOT A, BLOCK 2, WOODLAWN ANNEX, A SUBDIVISION OF THE CITY OF CORPUS CHRISTI, AS SHOWN IN VOLUME 22, PAGE 67 OF THE 264 NUECES COUNTY MAP RECORDS, FROM "A-4" TOURIST COURT DISTRICT TO "B-1" NEIGHBORHOOD BUSINESS DISTRICT; KEEPING IN EFFECT ALL OTHER PROVISONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HERE- WITH; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Ellroy King- Aye . James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano; Sr.. Aye The foregoing ordinance was passed by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye - RESOLUTION NO. 5474 WHEREAS, The City Manager has announced appointment of James S. Naismith as Director of the Department of Public Works of the City of Corpus Christi, and such appointment is subject to the.approval of the City Council: NOW, THERFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the appointment of James S. Naismith as Director of Public Works of the City of Corpus Christi be and is hereby confirmed .............. The Charter rule was suspended by ,the following vote: Ellroy King Aye James L. Barnard -Aye. Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye The foregoing resolution was passed by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart- Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye ORDINANCE NO. 5475 AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, A CONSENT AGREEMENT WITH THE TEXAS MEXICAN RAILWAY COMPANY FOR CROSSING OF SAID COMPANY RAILROAD AT SAVAGE LANE IN THE CITY OF CORPUS CHRISTI, WITH 8" WATER LINE, A COPY OF WHICH AGREEMENT IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye The foregoing ordinance was passed by.the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye ORDINANCE NO. 5476 AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, A CONTRACT WITH GREGORY S. MOORE , APPRAISER, PROVIDING FOR THE APPRAISAL OF THREE PARCELS OF LAND IN NUECES COUNTY, NEEDED IN CONNECTION WITH THE BASCULE BRIDGE REMOVAL PROJECT, FOR THE SUM OF $1200.00; APPROPRIATING THE SUM OF $1200.00 OUT OF BRIDGE REMOVAL AND RELOCATION BOND FUND NO. 230; AND DECLARING AN EMERGENCY. 265 The Charter Rule was suspended by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye The foregoing ordinance was passed by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye ORDINANCE NO. 5+77 AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TEXAS, A CONTRACT WITH CHARLES MLCMEL AND THOMAS GIVENS, APPRAISERS, PROVIDING FOR THE APPRAISAL OF AN 8.57 ACRE TRACT OF LAND IN NUECES COUNTY ON WHICH IS LOCATED THE 0. N. STEVENS RAW WATER PLANT, AND THE ACCESS ROAD THERETO, FOR THE SU4 OF $1,200.00, WHICH SAID CONTRACT SHALL PROVIDE THAT THE SUM OF $10200.00 ALSO INCLUDES PAM1LTiT FOR CERTAIN OTHER APPRAISAL SERVICES CONCERNING THE 8.57 ACRE TRACT A= DY PERFORMED BY SAID APPRAISERS; APPROPRIATING THE SUM OF $1,200.00 OUT OF WATERWORKS BOND CONSTRUCTION FUND NO. 202; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye The foregoing ordinance was passed by the following vote: Ellroy King Aye • James L. Barnard Aye Mrs." Ray Airheart _Aye__ .. Joseph B -Dunn Aye Patrick . J. Dann „ .. Aye -- R. A. Humble Aye Gabe Lozano, Sr. Aye ORDINANCE NO. 5478 AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, A CON- TRACT WITH G. W. HATCH, SR., ET UX FOR THE PURCHASE BY THE CITY IN FEE SIMPLE, EXCLUSIVE OF MINERALS, OF 9.033 ACRES OF LAND, NEEDED FOR ROAD AND RAILRQAD PURPOSES IN CONNECTION WITH THE BASCULE BRIDGE RELOCATION PROJECT, FOR THE SUM OF $222,552.50, A COPY OF WHICH CONTRACT IS ATTACHED HERETO AND MADE A PART HEREOF; APPROPRIATING THE SUM OF $222,552.50 OUT OF BRIDGE REMOVAL AND RELOCATION FUND NO. 230; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunn Aye R. A. Humble Aye Gabe Lozano, Sr.. Aye The foregoing ordinance was passed by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunn Aye R. A. Humble Aye Gabe Lozano, Sr. Aye THE STATE OF TEXAS COUNTY OF NUECES CITY OF CORPUS CHRISTI On this the 2 day of September, 1959; Christi, Texas, convened in Regular meeting, with the following members Ellroy King, James L. Barnard, Mrs. Ray Airheart, Joseph B. Dunn, Patrick J. Dunne, R. A. Humble, Gabe Lozano, Sr., the City Council of the City of Corpus of said Council present, to -wit: Mayor, Commissioners, T. Ray Kring, City Secretary, with the following absent: None, constituting a quorum, at which time the following among other business was transacted: Mr. Ellroy King, Mayor, presented for the consideration of the Council an ordinance. The ordi- nance was read by the City Secretary. The Mayor presented to the Council a communication in writing pertain- ing to said proposed ordinance, as follows: TO THE CITY COUNCIL, Corpus Christi, Texas Gentlemen: "Corpus Christi, Texas, September 2, 1959• The public importance and pressing need for the permanent improvements to be constructed by use of the proceeds of the bonds voted at the election held on August 29, 1959, create an emer- gency and an imperative public necessity requiring the suspension of the rules and Charter provisions requiring ordinances to be considered and voted upon at three regular meetings. I, therefore, request that the City Council pass the proposed ordinance canvassing the returns and declaring the result of the election for the issuance of said bonds as an emergency measure. You will please consider this request in connection with the ordinance which has been introduced in the City Council of this subject., Yours very truly, /s/ Ellroy King Ellroy King, Mayor." Commissioner J. B. Dunn made a motion that the Charter provision prohibiting ordinances from being passed'finally on the date introduced be suspended for the reasons stated in the written request of the Mayor and stated in the emergency clause of the ordinance. The motion was seconded by Cc mnissioner Humble. The motion was carried by a unanimous vote by the City Council, viz: AYES: Commissioners Barnard, Airheart, Dunn, Dunne, Humble and Lozano. NOES: None The Mayor requested that the records show that he voted "Aye". This was done. Commissioner Barnard made a motion that the ordinance be passed finally. The motion was seconded by Coummissioner Airheart. The motion was carried by the following vote: AYES: Commissioners Barnard, Airheart, Dunn, Dunne, Humble and Lozano. NOES: None The Mayor requested that the records show that he voted "Aye." This was done. The Mayor announced that the ordinance had been passed. The ordinance is as follows: ORDINANCE NO. 5+79 BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, CANVASSING RETURNS AND DECLARING RESULTS OF AN ELEC- TION ON THE QUESTION OF THE ISSUANCE OF THE FOLLOWING BONDS: $1,100,000.00 SANITARY SEWER IMPROVEMENT BONDS; $21500,000.00 HOSPITAL BONDS; $1302000.00 STREET IMPROVEMENT BONDS; $50,000.00 STORM DRAINAGE BONDS; $70,000.00 PARK IMPROVEMENT BONDS; $100,000.00 SWIMMING POOL BONDS; $50,000.00 YACHT BASIN IMPROVEMENT BONDS AND $31,500,000. WATERWORKS IMPROVEMENT REVENUE BONDS, AND DECIARING AN EMERGENCY. The Charter rule was suspended by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye The foregoing ordinance was passed by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye ORDINANCE No. 548o CANVASSING RETURNS AND DECLARING RESULT OF AN ELECTION ON THE QUESTION OF WRETHER OR NOT THE CITY SHOULD ENTER INTO A LEASE AGREEMIM WITH CORPUS CHRISTI BANK AND TRUST COMPANY, TRUSTEE, COVERING A PORTION OF THE AIRPORT PROPERTY OF THE NEW MUNICIPAL AIRPORT, FOR A TERM OF THIRTY (30) YEARS; AND DECIARING AN EMERGENCY. The Charter rule was suspended by the following vote: Ellroy King Aye James L. Barnard. Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye The foregoing ordinance was passed by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye 267 Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye ORDINANCE NO. 5481 AUTHORIZING EMINENT DOMAIN PROCEEDINGS BY THE CITY OF CORPUS CHRISTI TO CONDEMN A SANITARY SEWER EASEMENT 15 FEET IN WIDTH AND 685 FEET IN LENGTH, MORE OR LESS, AND A TEMPORARY CONSTRUCTION EASEMENT 72 FEET IN WIDTH AND 685 FEET IN LENGTH, MORE OR LESS, BOTH BEING MORE PARTICULARLY DESCRIBED HEREIN, OUT OF, AND OVER AND ACROSS, THE J. T. SMITH ESTATE OWNED BY MRS. J. T. SMITH, ETAL, WHICH SAID SANITARY SEWER EASEMENT AND SAID.TEMPORARY CONSTRUCTION EASEMENT ARE NEEDED FOR CONSTRUCTION, INSTALLATION AND MAINTENANCE OF A 54 -INCH SANITARY SEWER TRUNK MAIN; DIRECTING THE CITY ATTORNEY TO INSTITUTE PROCEEDINGS TO CARRY OUT THE INTENTIONS OF THIS ORDINANCE; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the.following vote: Ellroy King ' Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. -Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye The foregoing ordinance was passed by the following vote: Ellroy King James L. Barnard Mrs. Ray Airheart Joseph B. Dunn Patrick J. Dunne R. A. Humble Gabe Lozano, Sr. Aye Aye Aye Aye Aye Aye Aye Mayor King next invited anyone in the audience with petitions or information for the Council on matters not scheduled on the agenda to come forward and be heard. Mr. W. N. Cooper, Realtor, appeared in behalf of -Mr. Paul Lefforge relative to a right-of-way contract concerning the extension of McArdle Road, about which he had inquired at the regular meeting of August 19. He stated that a letter which Mr. Lefforge had received did not clear the matter up, and requested further information as to meaning or intent of the contract, said contract not being in conformance with the understand- ing of himself and Mr. Lefforge. The consensus of the Council was that the City had done what was required of it by the contract as finally signed, and that either it should be carried out or cancelled: Motion by Joseph B. Dunn, seconded by Airheart, and passed, that City Attorney I. M. Singer be instructed to take action to have Guaranty Title & Trust Company return the City's money now in escrow, or pro- ceed with legal action for its recovery. There being no further business to come before the Council, the meeting was adjourned. REGULAR COUNCIL MEETING September 9, 1959 2:00 P. M. PRESENT: Mayor Ellroy King Commissioners: Dr. James L. Barnard City Manager Herbert W. Whitney Mrs. Ray Airheart City Attorney I. M. Singer Joseph B. Dunn City Secretary T. Ray Kring Patrick J. Dunne R. A. Humble Gabe Lozano, Sr. Mayor Ellroy King called the meeting to order. The Invocation was given by Reverend Jerrel D. Gaddy of Morgan Avenue Baptist Church. City Secretary T. Ray Kring called the roll of those in attendance. Motion by Barnard, seconded by Pat Dunne and passed, that the minutes of the regular meeting of September 2, 1959, be approved. Mayor King announced the opening of bids. Bids were opened and read on Seal Coating of approximately 20.8 miles of streets from the following: 268 Heldenfels Brothers Lewis A. Fowler Motion by Barnard, seconded by Pat.Dunne and passed, that the foregoing bids by tabled for 48 hours as required by the City Charter and referred to the City Manager for tabulation and recommendation. Mayor King announced that the Council would next hear the City Manager's Reports. Motion by Humble, seconded by Barnard and passed, that the City Manager's requests and re- commendations be granted and approved, relative to the following: a. That the award of bid be made to Iowa Valve Company on 2 - 20" IBBM Gate Valve and 3 - 24" IBBM Gate Valve on a bid of $6,173.89; and to American Cast Iron Pipe Co. on 1-201lx20" M. J. Tee; 1 - 18" - 2220 M.J. and M.J. Bend; 3 - 1811 2220 M.J. and P. E. Bend; 2 - 20" x 18" P.E. M.J. Red.; 3 - 24" Long Sleeves M.J.; 3 - 16' Joints 20" C-150 M.J. Pipe; 3 - Pcs. 24" x 8' C-100 M.J. Pipe, on a bid of $1,843.89. (See Bid Tabulation #46 in File); b. That the award of bid be made to American Cast Iron Company on 1,000' 6" Class 150 M.J. C.I. Pipe and 160' 20" Class 150 M.J. C.I. Pipe on a bid of $3,380.00 and to McAllen Pipe & Supply Co., on 10,000' class 150 A. C. Pipe and 4,000' 10" Class 150 A.C. Pipe, on a bid of $31,000.00. (See Bid Tabulation #47 in File); C. That the City Manager he authorized to advertise for bids on September 23, 1959, on various quantities and sizes of Brass Service Fittings; d. That acceptance and final payment in the amount of $8,334.62 for the construction of the Gardendale Water Distribution System, Project No. 7-53-20, to the contractor, W. A. Dorris, be approved; e. That the request of Noe Cadena, presently employed in the Public Works Department, for a Leave of Absence to continue his studies in Civil Engineering. Motion by Humble, seconded by Barnard and passed, that the City Manager be.authorized to cause a suit to be filed in the name of the City and Nueces County Navigation District.No. 1 as Libelants against M/V Greenwich in the nature of a Libel in Rem in the District Court of the United States for the Southern District of Texas, Corpus Christi Division, By I. M. Singer, City Attorney, and Fulbright, Crooker, Freeman, Bates and Jaworski of Houston, Texas, as Proctors for the City of Corpus Christi, and Kleberg, Mobley,.Lockett and Weil as Proctors for Nueces County Navigation District No. 1, for damages to Bascule Bridge and appurtenances by collision of said vessel with said bridge on or about October 31, 1957. THIRD READING OF AN ORDINANCE: ORDINANCE NO. 5482 AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, A QUITCLAIM DEED TO FRANK CECH QUITCLAIMING APPROXIMATELY 1225 SQUARE FEET AND A QUITCLAIM DEED TO W. R. HUBLER, QUITCLAIMING APPROXIMATELY 1600 SQUARE FEET, IN EXCHANGE FOR QUITCLAIM DEEDS FROM FRANK CECH AND W. R. HUBLER TO THE CITY OF CORPUS CHRISTI, QUITCLAIMING APPROXIMATELY 2600 SQUARE FEET, ALL BEING ACREAGE ABUTTING THE 2800 BLOCK OF OCEAN DRIVE; PROVIDING FOR THE CITY MANAGER TO DELIVER SAID QUITCLAIM DEEDS TO FRANK CECH AND W.R. HUBLER UPON DELIVERY .TO THE CITY MANAGER BY W. R. HUBLER AND FRANK CECH OF THE SAID QUITCLAIM DEEDS TO THE CITY OF CORPUS CHRISTI. The foregoing ordinance was read for the third time and passed finally by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe L. Lozano, Sr. Aye , ORDINANCE NO. 5483 AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE LEASE AGREEMENTS WITH THE FOLLOWING COVERING LEASES AT CUDDIHY FIELD, NUECES COUNTY, TEXAS; ROGER L..GAULT, DBA GALT AVIATION, FOR ALL OF HANGAR 651; GULF COAST AVIATION, INC., FOR THE WEST HALF OF HANGAR 652 AND THE SOUTHWEST QUARTER OF HANGAR 653; CLAUDE W. GLASSON, DBA GLASSON FLYING SERVICE, FOR THE SOUTHEAST QUARTER OF HANGAR 652; J. T. IRWIN, DBA IRWIN DUSTING COMPANY, FOR THE NORTHEAST QUARTER OF HANGAR 652; LUBY AVIATION, INC., JOHN S. LUBY PRESIDENT, FOR THE EAST HALF AND THE NORTHWEST QUARTER OF HANGAR 653; A SCHEDULE SETTING FORTH THE NAME OF THE SUB -LESSEE, PROPERTY SUB -LEASED, TERM OF SAID SUB -LEASE, FEE AND PURPOSE, BEING ATTACHED HERETO AND MADE A PART HEREOF, TOGETHER WITH A FORM OF THE AGREEMENT USED FOR SUCH SUB -LEASES; AND DECLARING AN EMERGENCY. 269 The Charter rule was suspended by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye i The foregoing ordinance was passed by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye ORDINANCE NO. 5484 RECEIVING AND ACCEPTING THE WORK OF CONSTRUCTION OF THE GARDENDALE AREA WATER DISTRIBUTION SYSTEM, PROJECT NO. 7-53-20, PERFORMED BY W. A. DORRIS, CONTRACTOR, UNDER HIS CONTRACT WITH THE CITY DATED OCTOBER 13, 1958, AS AUTHORIZED BY ORDINANCE NO. 5179; AUTHORIZING PAYMENT OF FINAL ESTIMATE NO. 8, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, DATED AUGUST 31, 1959, IN THE AMOUNT OF $8,334.62 FROM FUNDS PREVIOUSLY APPROPRIATED FROM NO. 202 WATER BOND CONSTRUCTION FUNDS; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Ellroy King Aye James L. Barnard _Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye The foregoing ordinance was passed by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye ORDINANCE NO. 5485 APPROPRIATING THE ADDITIONAL SUM OF $5,000.00 OUT OF NO. 250 SANITARY SEWER BOND IMPROVEMENT FUND TO AUGMENT FUNDS PREVIOUSLY APPROPRIATED BY ORDINANCE NO. 4949, DATED JANUARY 22, 1958, TO PROVIDE FOR INCREASED COSTS OF CONCRETE AND SAND EMBEDMENT AS REQUIRED FOR THE WESTSIDE SEWER TRUNK MAIN, UNIT A, PROJECT NO. 250-54-9.13, APPLICABLE TO CHANGE ORDER #6; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: "Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye The foregoing ordinance was passed.by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye ORDINANCE NO. 5486 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. 2266 PASSED AND APPROVED ON THE 4TH DAY OF MAY, 1948, APPEARING OF RECORD IN VOLUME 16 PAGES 339 ET SEQ OF THE ORDINANCE/AND RESOLUTION RECORDS, AND AS AMENDED BY ORDINANCE NO. 4846 ADOPTED ON THE 21ST DAY OF AUGUST, 1957, APPEARING OF RECORD IN VOLUME 26, PAGES 385 ET SEQ OF THE ORDINANCE AND RESOLUTION RECORDS BY AMENDING THE ZONING MAP BY CHANGING THE ZONING OF THE FOLLOWING: LOTS 10 AND 15, BLOCK 6, WOODLAWN ESTATES, BEING 1617 WOODLAWN AND 1518 CLARE STREET RESPECTIVELY, FROM "R-1" ONE -FAMILY DWELLING DISTRICT TO "B-3" SECONDARY BUSINESS DISTRICT, AND THE EAST 50 FEET OF LOT 14, BLOCK 6, COLONIA HIDALGO ADDITION, BEING PROPERTY LOCATED ON THE SOUTHWEST CORNER OF BARRERA STREET AND WEST POINT ROAD, FROM "R-1" ONE FAMILY DWELLING DISTRICT TO "B-1" NEIGHBORHOOD 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 by the following vote: 2%0 Ellroy King James L. Barnard Mrs. Ray Airheart Joseph B. Dunn Patrick J. Dunne R. A. Humble Gabe Lozano, Sr. Aye Aye Aye Aye Aye Aye Aye The foregoing ordinance was passed by the following vote: ' Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph.B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye ORDINANCE NO. 5487 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. 2266 PASSED AND APPROVED ON THE 4TH DAY OF MAY, 1948, APPEARING OF RECORD IN VOLUME 16, PAGES 339 ET SEQ OF THE ORDINANCE AND RESOLUTION RECORDS, AND AS AMENDED BY ORDINANCE NO. 4846 ADOPTED ON THE 21ST DAY OF AUGUST, 1957, APPEARING OF RECORD IN VOLUME 26, PAGES 385 ET SEQ OF THE ORDINANCE AND RESOLUTION RECORDS, BY AMENDING THE ZONING MAP BY CHANGING THE ZONING OF TRACTS P AND Q, LEXINGTON PLACE SUBDIVISION, AN ADDITION TO THE CITY OF CORPUS CHRISTI,.FROM "R-1" ONE FAMILY DWELLING DISTRICT TO "B-3" SECONDARY 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 by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye The foregoing ordinance was passed by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye FIRST READING OF AN ORDINANCE: AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A LEASE AGREEMENT WITH W. C. NICHOLSON, LEASING TO SAID W. C. NICHOLSON A TRACT OF LAND CONTAINING APPROXIMATELY 35 ACRES, SITUATED IN NUECES COUNTY, TEXAS, LOCATED ON THE 0. N. STEVENS FILTRATION PLANT PROPERTY, AT THE INTERSECTION OF HIGHWAY 71, UP RIVER ROAD AND HEARN ROAD, WEST SECTION OF SAID PROPERTY, TO BE USED FOR FARMING AND AGRICULTURAL PURPOSES, FOR A TERM OF TWO (2) YEARS BEGINNING AUGUST 31, 1959, AND ENDING AUGUST 30, 1961, IN ACCORDANCE WITH THE FORM PRESCRIBED BY ORDINANCE NO. 4657, PASSED AND APPROVED BY THE CITY COUNCIL ON THE 24TH DAY OF OCTOBER, 1956. following vote: The foregoing ordinance was read for the first time and passed to its second reading by the Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick•J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye ORDINANCE NO. 5488 DECLARING THE RECESS OF THE HEARING COMMENCED AT THE REGULAR MEETING OF THE CITY COUNCIL ON OCTOBER 15, 1958, TO BE AT AN END AND SUCH HEARING TO BE RESUMED AT THE REGULAR MEETING OF THE CITY COUNCIL ON SEPTEMBER 30, 1959; DIRECTING THE CITY SECRETARY TO PUBLISH A NOTICE OF SUCH RESUMPTION OF SAID HEARING TO BE HELD SEPTEMBER 23, 1959, AT 2:00 O'CLOCK P.M., IN THE COUNCIL CHAMBER OF THE CITY HALL, CORPUS CHRISTI, NUECES COUNTY, TEXAS ON THE MATTER OF URBAN RENEWAL REFERENDUM, THE FIRST OF WHICH NOTICES SHALL BE PUBLISHED AT LEAST TEN (10) DAYS PRIOR TO SAID DATE OF SEPTEMBER 23, AND THE SECOND NOTICE ONE WEEK THEREAFTER; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye The foregoing ordinance was passed by the following vote: Ellroy King Aye ,lames L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye ORDINANCE 5489 AUTHORIZING CONDEMNATION PROCEEDINGS BY THE CITY OF CORPUS CHRISTI TO CONDEMN CERTAIN REAL ESTATE IN NUECES COUNTY, TEXAS, OWNED BY J. R. HELDENFELS, TRUSTEE, ET AL, FOR USE IN THE PROJECT KNOWN AS THE BRIDGE REMOVAL AND RELOCATION PROJECT, WHICH LAND IS MORE PARTICULARLY DESCRIBED HEREIN; DIRECTING THE CITY ATTORNEY TO INSTITUTE PROCEEDINGS TO CARRY OUT THE INTENTIONS OF THIS ORDINANCE; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye The foregoing ordinance was passed by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye FIRST READING OF AN ORDINANCE: GRANTING TO NUECES TRANSPORTATION COMPANY, A CORPORATION, A FRANCHISE FOR A PERIOD OF FIVE (5) YEARS, FOR THE PURPOSE OF OPERATING OMNIBUSES OVER THE STREETS AND PUBLIC THOROUGHFARES OF THE CITY OF CORPUS CHRISTI, TEXAS, PROVIDING FOR COMPENSATION AND A FIXED ANNUAL CHARGE IN ACCORDANCE WITH THE CHARTER OF THE CITY, SECURING EFFICIENCY OF SERVICE AND REASONABLE RATES. following vote: The foregoing ordinance was read for the first time and passed to its second reading by the Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye FIRST READING OF AN ORDINANCE AMENDING ORDINANCE NO. 4635 ENTITLED "AN ORDINANCE TO PROVIDE FOR RATES APPLICABLE TO MOTOR BUSSES USED FOR CARRYING PASSENGERS FOR HIRE IN AND UPON THE PUBLIC STREETS, ALLEYS AND THOROUGHFARES OF THE CITY IN THE NATURE OF A ZONE FARE; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR THE REPEAL OF ORDINANCES IN CONFLICT THEREWITH", SO AS TO PROVIDE AND ESTABLISH RATES APPLICABLE TO MOTOR BUSSES USED FOR CARRYING PASSENGERS FOR HIRE IN AND UPON THE PUBLIC STREETS, ALLEYS AND THOROUGHFARES OF THE CITY OF CORPUS CHRISTI IN THE NATURE OF A ZONE FARE; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR THE REPEAL OF ORDINANCES IN CONFLICT HEREWITH. following vote: The foregoing ordinance was read for the first time and passed to its second reading by the Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye FIRST READING OF AN ORDINANCE: AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TEXAS, A LEASE AGREEMENT WITH THE CORPUS CHRISTI BANK AND TRUST COMPANY, TRUSTEE, AS LESSEE, CERTAIN LANDS DESCRIBED IN SAID LEASE, BEING SEVEN TRACTS OF LAND OUT OF THE NEW MUNICIPAL AIRPORT PROPERTY, FOR A TERM OF 30 YEARS FROM THE DATE OF EXECUTION OF SUCH LEASE BY THE CITY; SAID LEASE AGREEMENT HAVING BEEN AUTHORIZED BY THE QUALIFIED VOTERS AT AN ELECTION HELD ON THE 29TH DAY OF AUGUST, 1959. following vote: The foregoing ordinance was read for the first time and passed to its second reading by the Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye 271 272 R. A. Humble Aye Gabe Lozano, Sr. Aye A letter was presented by Commissioner Airheart, without date, from Mrs. Nan Albrecht relative to injury leave which she urged to be placed of record. The letter reads: "Saturday Afternoon Dear Mrs. Airheart: I want to take this means of expressing to you and the Council and Mr. Whitney, my personal thanks for looking into our Workmens Compensation plan and the contemplated changes - of not forcing an employee to use their vacation time when injured on the job. It will be worth breaking a hip to find out we have a Council who are as interested in the employees welfare as they are in saving the tax payers' money. I have heard many comments from people in various offices and departments and they feel very happy about your attitudes. I think if you look into our present insurance and hospitalization policy we now have you will find it also is not as favorable to the employee as the former -policy was. In fact, one of the doctors here in this Clinic stood in my doorway Friday, chatting with me about the publicity, regarding my case, and he said this "That he tells the city employees when they come in unless they are forced to go to the hospital for surgery or treatment, not to come in on the policy"; In his estimation it is a very 'poor policy. A great many of us have felt this same way for some time and it is bad for the morale of the employee. Savings could be effected in other ways I think rather than penalize an employee who, when -hi_— he finds he needs medical care And hospitalization realizes the policy is inadequate. My personal thanks to you for your interest in my case. I have enjoyed the book you brought me to read, and appreciated your visits. The doctor intends making more x-rays Tuesday and if everything is okeh will allow me to leave. I shall go to stay with a friend until I am able to return to work, since I have no one at home to look after me. Again thanking you for your efforts not only for me but all the employees and trusting that your reign as Councilwoman will be successful and that God will guide all of you in making the right decisions at all times, I am Sincerely, /s/ NAN ALBRECHT" Roger V. Pearce, Director of Urban Renewal, reviewed and explained some of the facets of the Urban Renewal Program and supplied information to questions asked concerning the program. The Council was particularly concerned regarding the proposed closing of streets in the area of the Corpus Christi Transfer Company located at 1120 Buffalo Street, and the objection interposed by the owners as it will affect their business operations. Mayor King invited anyone in the audience with petitions or information for the Council on matters not scheduled on the agenda to come forward and be heard. A petition was presented, signed by 24 property owners abutting on an alley, located between Palmetto Street and University Place, and extending between Kentner Street and South Alameda Street, requesting that said alley be paved without cost to the Petitioners or owners. (See Petition #21 in File) Motion by Joe B. Dunn, seconded by Humble and passed, that the foregoing petition be referred to the City Manager for study and recommendation. There being no further business to come before the Council, the meeting was adjourned. REGULAR COUNCIL MEETING September 16, 1959 2:00 P. M. PRESENT: Mayor Ellroy King Commissioners Dr. James L. Barnard Mrs. Ray Airheart Joseph B. Dunn Patrick J. Dunne R. A. Humble Gabe Lozano, Sr. Mayor Ellroy King called the meeting to order. City Manager Herbert W. Whitney City Attorney I. M. Singer City Secretary T. Ray Kring The Invocation was given by Reverend Hollier G. Tomlin of the Episcopal Mission of Corpus Christi. City Secretary T. Ray Kring called the roll of those in attendance. Motion by Barnard, seconded by Pat Dunne and passed that the Minutes of the Regular Meeting of September 9, be approved. 273 Mayor King announced the Council would next consider appointments to The Building Standards Commission whose terms expired September 15, 1959. Motion by Barnard, seconded by Airheart and passed, that the appointment of Mr. V. A. Bradley, Jr., Mr. Tanner Freeman and Mr. Frank Peerman, Jr., be approved. Motion by Barnard, seconded by Joe B. Dunn and passed, that the appointment of Mr. W. S. Fitzpatrick, Mr. William C. Cunningham and Mr. George S. Hawn, to the Board of Adjustment -Airport Committee, be approved. Mayor King next announced that the Public Hearing be field on the closing of a portion of Delores Street, application being made by Mr. Norman Foster who owns a lot at the intersection of Ocean Drive and Alta Plaza Drive. City Manager Whitney located the property on the map and read the recommendations of the Depart- ment of Public Works, Zoning & Planning and Utilities Department. Mr. Jack North, Attorney, representing Mr. Foster, spoke in favor of the closing, stating that the property in question has long ceased to be used or needed as a street, would probably never be maintained as a street, is a weed patch, an eyesore and lessens, by its condition, the value of the adjoining properties. He further stated that if privately owned it could be beautified and taxes could be levied and collected upon it. of the area. Mr. North introduced Mr. Virgil Howard who showed colored slides showing the unsightly condition A letter from Mr. Jack R. Blackmon, owning Lot 1 Block 2, Alta Plaza Addition, was presented for record stating that he was also in favor of the closing. Mr. William Shireman, representing Mesog Donigan and Lucy V. Welch stated that the Donigans still own the triangle on the west side of the S -Curve; that they do not protest the closing but favored it. Mr. Oscar Spitz, representing Mr. and Mrs. Ed Grossman, opposed the closing on the grounds that the Grossmans plan to build a house at the rear of their existing residence and will need the street for access to it. Mr. Edward Shaw, a property owner in the area, inquired if the entire 60 feet is under considera- tion, but in any event he had no objection to the closing of the street. Motion by Joseph B. Dunn, seconded by Humble and passed that the hearing be recessed, in the meantime an accurate description be obtained both as to what the City owns as right of way and the area in- volved in the application; also the views of the Zoning & Planning Commission be ascertained. Motion by Pat Dunne, seconded by Humble and passed, that the City Manager's requests and recom- mendations be granted and approved, relative to the following: a. Request of Braselton Construction Company, Contractor for No. 10 Fire Station at Horne Road and Greenwood Drive, for an extension of time of,5 days for completion of this contract; b. Recommendation to accept an addendum to the County bid for the improvement of Parking Lots Nos. 1 and 5 near the County Courthouse be accepted and a contract be awarded to Roy Dugger Company on their bid of $20,058.04; (See Bid Tabulation #48 in File) c. That the bid award on Seal Coating 20.8 Miles of Streets be made to Lewis A. Fowler on a bid of $49,317.90; (See Bid Tabulation #49 in File) d. That the date of Thursday, October 8, 1959 at 7:30 P. M., be set for 9 zoning applications. e. That a Change Order to cover a Service Drive .to the Coliseum in the amount of $3,666.78, be issued to Price Construction Company under their Contract for Air -Conditioning of. -Memorial Coliseum; f. That Change Order No. 2 relative to extra installation of pipe line casing 50 feet long in the amount of $1,800.00 be issued to Heldenfels Brothers, contractor for the Project - Temporary Road Con- struction, Tule Lake Bridge; g. That T. Ray Kring be appointed acting City Manager September 20 through 22, in the absence of City Manager Whitney who will be attending the Texas Municipal League Conference in Dallas. 204 ORDINANCE NO. 5490 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF. THE CITY OF CORPUS CHRISTI, TO EXECUTE A CONTRACT WITH LEWIS A. -FOWLER FOR PATCHING AND SEAL COATING APPROXIMATELY 20.8 MILES OF STREETS IN THE CITY OF CORPUS CHRISTI, AS DESCRIBED IN THE PLANS AND SPECIFICATIONS; PROVIDING FOR PAYMENT IN THE AMOUNT OF $49,317.90 FROM THE STREET MAINTENANCE AND CONSTRUCTION CURRENT BUDGET FUNDS, CODE 321, PREVIOUSLY APPROPRIATED; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye The foregoing ordinance was passed by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye ORDINANCE NO. 5491 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A CONTRACT WITH ROY DUGGER COMPANY IN THE AMOUNT OF $20,058.04 FOR IMPROVEMENT OF PARKING LOTS NOS. 1 AND 5 NEAR THE COUNTY COURTHOUSE, SPECIFICATIONS FOR WHICH WERE APPROVED BY THE CITY COUNCIL, AND DUE NOTICE GIVEN BY.PUBLICATION OF DATE OF RECEIPT OF BIDS, AND BIDS OPENED SEPTEMBER 8, 1959, IN THE PRESENCE OF THE MAJORITY OF THE COUNCIL: PROVIDING FOR PAYMENT IN THE AMOUNT OF $20,058.04 OUT OF FUNDS PREVIOUSLY APPROPRIATED FOR CAPITAL IMPROVEMENT SECTION OF THE GENERAL FUND DESIGNATED FOR TRANSPORTATION AND BEING CODE 4812; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart ,Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye The foregoing ordinance was passed by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye ORDINANCE NO. 5492 AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, A CON- SENT AGREEMENT WITH THE TEXAS MEXICAN RAILWAY COMPANY FOR CROSSING OF SAID COMPANY RAILROAD RIGHT OF WAY BETWEEN FLATO ROAD AND McBRIDE LAND IN THE CITY OF CORPUS CHRISTI, WITH A 36 -INCH SANITARY SEWER LINE, A COPY OF WHICH AGREEMENT IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye The above ordinance was passed by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick .J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye FIRST READING OF AN ORDINANCE: AUTHORIZING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO ENTER INTO A CONTRACT WITH THE HERTZ CORPORATION FOR THE LEASE OF A ROOM, CONTAINING APPROXIMATELY 120 SQUARE FEET, FOR A PERIOD OF ONE YEAR, COMMENCING FROM SEPTEMBER 1, 1959, OR AS SOON THEREAFTER AS A LEASE CAN BE EXECUTED, AND ENDING AUGUST 31, 1960, AND THEREAFTER UNTIL SUCH TIME AS OPERATIONS ARE MOVED FROM CLIFF MAUS AIRPORT TO THE NEW MUNICIPAL AIRPORT, AT $1,512.00 PER YEAR AS RENTAL. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Ellroy King James L. Barnard Mrs. Ray Airheart Joseph B. Dunn Patrick J. Dunne R. A. Humble Gabe Lozano, Sr. Aye Aye Aye Aye Aye Aye Aye FIRST READING OF AN ORDINANCE: AMENDING SECTION 21-153 OF THE CORPUS CHRISTI CITY CODE, 1958, FORMERLY KNOWN AS SCHEDULE 1 OF ORDINANCE NO. 2241, AS AMENDED, SO AS TO REVISE THE SCHEDULE OF ONE-WAY STREETS. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye SECOND READING OF AN ORDINANCE: AMENDING ORDINANCE NO. 4635 ENTITLED "AN ORDINANCE TO PROVIDE FOR RATES APPLICABLE TO MOTOR BUSSES USED FOR CARRYING PASSENGERS FOR HIRE IN AND UPON THE PUBLIC STREETS, ALLEYS AND THOROUGHFARES OF THE CITY IN THE NATURE OF A ZONE FARE; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR THE REPEAL OF ORDINANCES IN CONFLICT THEREWITH", SO AS TO PROVIDE AND ESTABLISH RATES APPLICABLE TO MOTOR BUSSES USED FOR CARRYING PASSENGERS FOR HIRE IN AND UPON THE PUBLIC STREETS, ALLEYS AND THOROUGHFARES OF THE CITY OF CORPUS -CHRISTI, IN THE NATURE OF A ZONE FARE; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR THE REPEAL OF ORDINANCES IN CONFLICT HEREWITH. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye SECOND READING OF AN ORDINANCE: GRANTING TO NUECES TRANSPORTATION COMPANY, A CORPORATION, A FRANCHISE FOR A PERIOD OF FIVE (5) YEARS, FOR THE PURPOSE OF OPERATING OMNIBUSES OVER THE STREETS AND PUBLIC THOROUGHFARES OF,THE CITY OF CORPUS CHRISTI, TEXAS, PROVIDING FOR COMPENSATION AND A FIXED ANNUAL CHARGE IN ACCORDANCE WITH THE CHARTER OF THE CITY, SECURING EFFICIENCY OF SERVICE AND REASONABLE RATES. The foregoing ordinance was read for the second -time and passed to its third reading by the following vote: Ellroy King - Aye • James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, St., Aye SECOND READING OF AN ORDINANCE: r + AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TEXAS, A LEASE AGREEMENT WITH THE CORPUS CHRISTI BANK AND TRUST COMPANY. -TRUSTEE, AS LESSEE, CERTAIN LANDS -DESCRIBED IN SAID LEASE, BEING SEVEN TRACTS OF LAND OUT OF THE NEW MUNICIPAL AIRPORT PROPERTY, FOR A TERM OF 30 YEARS FROM THE -DATE OF EXECUTION OF SUCH LEASE BY THE CITY; SAID LEASE AGREEMENT HAVING BEEN AUTHORIZED BY THE QUALIFIED VOTERS AT AN ELECTION HELD ON THE 29TH DAY OF AUGUST,'1959. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye 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 AGREEMENT WITH W. C. NICHOLSON, LEASING TO SAID W. C. NICHOLSON A TRACT OF LAND CONTAINING APPROXIMATELY 35 ACRES, SITUATED IN NUECES COUNTY, TEXAS, LOCATED ON THE 0. N. STEVENS FILTRATION PLANT PROPERTY, AT THE INTERSECTION OF HIGHWAY 71, UP RIVER ROAD AND HEARN ROAD, WEST SECTION•OF SAID PROPERTY, TO BE USED FOR FARMING AND AGRICULTURAL PURPOSES, FOR A TERM OF TWO (2) YEARS BEGINNING AUGUST -31,•1959, AND ENDING AUGUST 30, 19613, IN ACCORDANCE WITH THE FORM PRESCRIBED BY ORDINANCE NO. 4657, PASSED AND APPROVED BY THE CITY COUNCIL ON THE 24TH DAY OF OCTOBER, 1956. The foregoing; ordinance was read -for the second time and passed to its third reading by the following vote: 2i5 2%6 Ellroy King James L. Barnard Mrs Ray Airheart Joseph B Dunn Patrick J Dunne R. A Humble Gabe Lozano, Sr Aye Aye Aye Aye Aye, Ay e Aye ORDINANCE NO 5493 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TEXAS, TO EXECUTE A CONTRACT WITH THE SINCLAIR PIPE LINE COMPANY REQUIRING THE ADJUSTMENT AND RELOCATION OF THREE EXISTING PIPE LINES NECESSARY FOR THE CONSTRUCTION OF THE SAVAGE LANE RAILROAD TRACK, FOR THE SUM OF $15,886 08 A COPY OF WHICH CONTRACT IS ATTACHED HERETO AND MADE A PART HEREOF, APPROPRIATING THE SUM OF $15,886 08 FROM THE BRIDGE REMOVAL AND RELOCATION BOND FUND, NO 230, DECLARING AN EMERGENCY The Charter rule was suspended by the following vote Ellroy King -I Aye James L. Barnard Aye Mrs Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr Aye I- The foregoing ordinance was passed by , l I _ the following vote Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B Dunn Aye Patrick J Dunne Aye R A Humble Aye Gabe Lozano, Sr. Aye ORDINANCE NO 5494 AMENDING ORDINANCE NO 3656 GENERALLY REFERRED TO AS THE COMPENSATION ORDINANCE, AS AMENDED BY AMENDING SUB- SECTION (c) OF SECTION 10 THEREOF SO AS TO PROVIDE FOR THE USE OF ACCRUED SICK LEAVE AS DISABILITY LEAVE IN CASES OF INJURY OCCURRING WHILE IN THE COURSE OF EMPLOYMENT NECESSITATING HOSPITALIZATION OF THE EMPLOYEE, PROVIDING DETAILS OF ADMINISTRATION OF DISABILITY LEAVE, AND DECLARING AN EMERGENCY The Charter rule was suspended by the following vote Ellroy King Aye James L Barnard Aye Mrs. Ray Airheart Aye Joseph B Dunn Aye Patrick J. Dunne Aye R A Humble Aye Gabe Lozano, Sr. Aye The above ordinance was passed by the following vote Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B Dunn Aye Patrick J Dunne Aye R. A Humble Aye Gabe Lozano, Sr. Aye ORDINANCE NO 5495 AUTHORIZING THE ACCEPTANCE BY THE CITY, AND FILING IN THE OFFICE OF THE CITY SECRETARY, OF THE AGREEMENT OF GUARANTY TITLE AND TRUST COMPANY, TRUSTEE, PROPERTY OWNER ABUTTING ON EVERHART ROAD, FOR INSTALLATION OF SIDE- WALKS AT THE COST AND EXPENSE OF SAID PROPERTY OWNER IF, AS AND WHEN REQUIRED BY THE ZONING AND PLANNING COMMISSION AND THE DIRECTOR OF PUBLIC WORKS, AND DECLARING AN EMERGENCY The Charter rule was suspended by the following vote Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B Dunn Aye Patrick J. Dunne Aye R A. Humble Aye Gabe Lozano, Sr. Aye The foregoing ordinance was passed by the following vote Ellroy King Aye James L Barnard Aye Mrs Ray Airheart Aye Joseph B. Dunn Aye Patrick J Dunne Aye R A Humble Aye Gabe Lozano, Sr Aye ORDINANCE NO 5496 2077 DECLARING IT NECESSARY TO RELOCATE AND MAKE ADJUSTMENTS IN THE INSTALLATION OF A PIPE AND FACILITIES USED IN CONNECTION THEREWITH FOR CONDUCTING GAS THROUGH, UNDER AND ALONG A PUBLIC ROAD AND PUBLIC STREET, TO -WIT; SHELL ROAD, SOMETIMES CALLED UP RIVER ROAD, WITHIN THE CORPORATE LIMITS OF CORPUS CHRISTI AND DIRECTING THAT SOUTHERN COMMUNITY GAS COMPANY AND SOUTHERN COAST CORPORATION PROMPTLY LOWER, RELOCATE AND MAKE ADJUSTMENTS IN INSTALLATION OF SAID PIPE LINE AND APPURTENANCES SUBSTANTIALLY IN ACCORDANCE WITH PLANS AND SPECIFICATIONS AP- PROVED BY THE DIRECTOR OF PUBLIC WORKS, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye The foregoing ordinance was passed by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Rabe Lozano, Sr. Aye Motion by Pat J. Dunne, seconded by Humble and passed, that appropriate commendation be made to R. W. Burr, Senior Planner, for his 12 years of faithful service in the Zoning & Planning Department of the City. Mayor King praised Mr. J. S. Naismith for his valuable and only partially compensated service to the City and Public Works Department as Acting Director. Mayor King next invited anyone in the audience with petitions or information for the Council on matters not scheduled on the agenda to come forward and be heard. Mr. Marcus Lutz, representing a group of Ocean Drive Motel owners, spoke stating that seining or netting in the Bay is ruining tourists' fishing. He produced an ordinance passed in 1941, prohibiting netting. City Attorney Singer stated that the ordinance is invalid because the courts have held it contra- dicts a State Law. The matter was referred to City Manager Whitney to ascertain from the Texas Game, Fish & Oyster Commission through their Executive Director, Mr. Harold Dodson, the feasibility of enforcing the State Law regardi�i� the matter. Their being no further business to come before the Council, the meeting was adjourned. REGULAR COUNCIL MEETING September 23, 1959 2:00 P. M. PRESENT: Mayor Ellroy King Commissioners: Dr. James L. Barnard Mrs. Ray Airheart Joseph B. Dunn Patrick J. Dunne R. A. Humble Gabe Lozano, Sr. Mayor Ellroy King called the meeting to order. City Manager Herbert W. Whitney City Attorney I. M. Singer City Secretary T. Ray Krieg The Invocation was given by George Lewis, Assistant Pastor, First Methodist Church. The City Secretary called the roll of those in attendance. Motion by Airheart, seconded by Pat Dunne, and passed, that the minutes of the regular meeting of September 16, 1959, be approved. Mayor Ellroy King announced the opening of bids. Bids were opened and read on street improvements on Baldwin Boulevard from Port Avenue to Highway No. 44, Unit No. 1 from the following: 278 Heldenfels Brothers Brown & Root, Inc.. T. H. Lee J. M. Dellinger, Inc. Slovak Brothers „ South Texas Construction Co. Motion by Humble, seconded by Airheart, and passed, that the foregoing bids be tabled for 48 hours, as required by the City Charter, and referred to the City Manager for tabulation and recommendation. Bids were opened and read on a supply of various sizes and amounts of Brass Service Fittings from the following: Alamo Iron Works, Corpus Christi,114rdware Co. The Farnan Brass Works Co. , The Ford Meter Box Co., Inc. McAllen Pipe & �upply Co., Inc.; A. Y. McDonald g. Co. Mueller Company,h Norvell-Wilder Supply Co. Joseph G. Pollard Co., Inc. The Rohan Company San Antonio Machine & Supply Co. Standard Brass & Mfg. Co. Viking Supply Corp. Wallace Co., Inc. Motion by Pat Dunne, seconded by Barnard, and passed, that the foregoing bids be tabled for 48 hours, as required by the City Charter, and referred to the City,p%inager for tabulation and recommendation. Mayor King next announced the Public Hearing on the application of Robert & Henry Vaclav4 and Trinity Church of the Nazarene to re -zone Lots ld, 19, 20, Block 12, Mahan Acres Addition, from "R-1" One Family District to "B-1" Neighborhood Business District., Mr. Ed Shaw, Coordinator of Zoning,, located the property on the map. He said the Commission recommended the zoning change as applied for. Mr. Robert Vaclavik spoke in favor of the change, stating that his house is directly across the street from a service station, at the intersection of Mansheim Street. There is a great deal of traffic, which makes it unsafe for children, and there is much noise and litter from the nearby businesses and heavy traffic. He stated that the location is good for business, but not good for residential. Mr. Henry Vaclavik, spoke in favor,of,the re -zoning. Mrs. Robert Vaclavik stated that they bought their lot in 1948 and built in 1950.' Since that time the business has come to them. There is a traffic light 1/?:block from their house, because of the heavy traffic of trucks as well as cars. Mr. Jarrell W. Garsee, Pastor of Trinity Church of.the:Nazarene stated that their church was built in 1954, when the neighborhood was residential. There is now a service station across the street from the church, which is open 7 days a week, and the noise and litter from the service station combined with the noise from the street are distractions from the church services. In addition, their only access to the church is hazardous because of the heavy traffic. Mr. John Block, Chairman of the Board of Trustees for the Trinity Church of the Nazarene stated that their main reason for wanting to move is because of the noise. He feels they can better serve the community by moving. No one spoke in opposition to the re -zoning. Motion by Humble, seconded by Airheart, and passed, that the recommendation of the Commission be upheld, and re -zoning granted as requested subject to a proper plat providing appropriate building lines and 3:1 parking ratio. Motion by Pat J. Dunne, seconded by Barnard, and passed, that the City Manager's requests and recommendations be granted and approved, relative to the following: a. That the City assume the payment and take assignment of the leins on the following parcels of property re Agnes -Laredo Street Improvements: Item 17. Lots 13 and 14, Block 3, Patrick Webb Addition, in the name of R. Mantillas. Previous recommendation was only as to one lot and information has been furnished showing both lots being used as business homestead. Item 21. Lot 20, Block 3, Patrick Webb Addition, owner Juanita Perez. Additional infor- mation has been furnished showing use of the property as business homestead. 2%9 Item 31. Lots 3, 4 and 5, Block 16, Chamberlain Addition. This item was inadvertently omitted from the list approved on August 24, 1959, and should be accepted for assignment to the city. Items 82 and 82. Lots 11 to 16, Block 2, Chamberlain Addition, John C. Brooke. Review of information shows that Lots 13, 14, 15 and 16 should be accepted for assignment by the City, and that Lots 11 and 12 be not assumed by the City. Item 191. Lot 4, Block 6, Home Place Addition, Dudley Jones, owner. Review of information and furnishing of additional information as to this property being the homestead of Fred L. Jones, the son of Dudley Jones, by reason of gift of property to the said son prior to assessment proceedings and assignment should be accepted by the City of the paving cer- tificate. b. That bids received August 5, re Wading Pool at H. E. Butt Park be rejected and that new plans and specifications be approved, and that the City Manager be authorized to advertise for bids to be received October 14, 1959• c. That the speed limit on Navigation Boulevard, from Hamilton Road to the City Limits, be crianged from 30 m.p.h. to 40 m.p.h. ORDINANCE NO. 5497 AMENDING SECTION 21-151, SUB -SECTION ('3) OF THS CORPUS CHRISTI CITY CODE, 1958, SO AS TO PROVIDE FOR A STORAGE FEE OF $1.00 FOR THE FIRST DAY WHICH A VEHICLE IS IMPOUNDED BY THE CITY AND CONTINUING IN EFFECT A STORAGE FEE OF $1.00 FOR EACH DAY AFTER THE FIRST DAY OF IMPOUNDMENT; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye The foregoing ordinance was passed by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye ORDINANCE NO. 5498 AMENDING SECTION 13-15 OF THE CORPUS CHRISTI CITY CODE, 1958, BY AMENDING THE LAST PARAGRAPH OF SAID SECTION _.. SO AS TO PROVIDE FOR A WARRANT FEE OF $5.00 TO BE ASSESSED AS COSTS OF COURT AND FOR ISSUANCE OF A WARRANT; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye The foregoing ordinance was passed by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye ORDINANCE N0. 5499 AUTHORIZING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO OBTAIN A NAMED PERIL INSURANCE COVERAGE ON CERTAIN RAILROAD EQUIPMENT AND MATERIALS, PURCHASED IN CONNECTION WITH THE BASCULE BRIDGE RELOCATION PROJECT, COVERING THE PERIOD SUCH EQUIPMENT AND MATERIALS ARE STORED AT THE CONSTRUCTION SITE, NOT TO EXCEED ONE YEAR; APPROPRIATING THE SUM OF $375.00 FOR PAYMENT OF PREMIUMS FOR SAID INSURANCE; AND DECLARING AN EMERGENCY. Tue Cnarter rine was suspended by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye 280 The foregoing ordinance was passed by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye ORDINANCE NO. 5500 APPROPRIATING THE SUM OF $11,250.00 OUT OF NO. 220 STREET BOND IMPROVEMENT FUND, CROSSTOWN EXPRESSWAY PROJECT, FOR THE COMMISSIONERS AWARD IN THE CONDEMNATION PROCEEDINGS FOR A TRACT OF LAND IN NUECES COUNTY, TEXAS, DESCRIBED AS LOT 20, BLOCK 2, LEE ANN ESTATES, OWNED BY DOLA GRAY, ET AL; APPROPRIATING THE SUM OF $15.00 FOR PAYMENT OF CITY'S SHARE OF COMMISSIONERS FEES EQUALLY TO C%1MISSIONERS W. L. LUNDGREN, MRS. HENRY WILKIE AND FRANK ADAMS; AUTHORIZING THE COMMISSIONERS AWARD OF $11,250.00 TO BE TENDERED INTO THE OFFICE OF THE COUNTY CLERK IN ACCORDANCE WITH LAW; AUTHORIZING THE CITY ATTORNEY TO APPEAL FROM THE COMMISSIONERS COURT HEARING; AND DECLARING AN EMERGENCY._ The Charter rule was suspended by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye The foregoing ordinance was passed by the following vote: THIRD READING OF AN ORDINANCE: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye ORDINANCE N0. 5501 AMENDING ORDINANCE N0. 4635 ENTITLED "AN ORDINANCE TO PROVIDE FOR RATES APPLICABLE TO MOTOR BUSSES USED FOR CARRYING PASSENGERS FOR HIRE IN AND UPON THE PUBLIC STREETS, ALLEYS AND THOROUGHFARES OF THE CITY IN THE NATURE OF A ZONE FARE: PROVIDING FOR AN EFFECTIVE DATE: PROVIDING FOR THE REPEAL OF ORDINANCES IN CONFLICT THEREWITH", SO AS TO PROVIDE AND ESTABLISH RATES APPLICABLE TO MOTOR BUSSES USED FOR CARRYING PASSENGERS FOR HIRE IN AND UPON THE PUBLIC STREETS, ALLEYS AND THOROUGHFARES OF THE CITY OF CORPUS CHRISTI IN THE NATURE OF A ZONE FARE: PRO- VIDING FOR AN EFFECTIVE DATE: PROVIDING FOR THE REPEAL OF ORDINANCES IN CONFLICT HEREWITH. The foregoing ordinance was read for the third time and passed finally by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe L. -Lozano, Sr. Aye ORDI=CE NO. 5502 AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A CHANGE ORDER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, ON THE MUNICIPAL AIRPORT PROJECT ADDING CERTAIN TTEMS OF CONSTRUCTION, EQUIPMENT RAMPS, ONTO THE CONTRACT BETWEEN THE CITY AND HELDENFELS BROTHERS; APPROPRIATING THE SUM OF $4,211.QQ TO COVER THE COST OF THE CHANGE ORDER, AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye The above ordinance was passed by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye ORDINANCE NO. 5503 AUTHORIZING AND DIRECTING THE TRANSFER OF CERTAIN FUNDS WITHIN THE AIRPORT BOND FUND NO. 245; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye The foregoing ordinance was passed by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye ORDINANCE NO. 550+ AMENDING SECTION 21-68 OF THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, BY ADDING TO SAID SECTION A PROVISION INCREASING THE SPEED LIMIT ON NAVIGATION BOULEVARD TO 4o MILES PER HOUR; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheari, Aye Josep„ B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye Tue toreguing ordinance was passed by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye FIRST READING OF AN ORDINANCE: 3T101 I 2161 AMENDING SECTION 107 BY ADDING A NEW SECTION TO BE NUMBERED SUB -SECTION 107.6 OF THE CITY BUILDING CODE, HERE- TOFORE ADOPTED BY ORDINANCE N0. 4028 ON JANUARY 5, 1955) SO AS TO PROVIDE THAT IN CASES OF CO1,1MENCEMENT OF WORK PRIOR TO OBTAINING A BUILDING PERMIT, THE FEE SPECIFIED IN SUB -SECTION 107.4 (e) SHALL BE DOUBLED; PROVIDING FOR PUBLICATION; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye SECOND READING OF AN ORDINANCE: AUTHORIZING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO ENTER INTO A CONTRACT WITH THE HERTZ CORPORATION FOR THE LEASE OF A ROOM, CONTAINING APPROXIMATELY 120 SQUARE FEET, FOR A PERIOD OF ONE YEAR, COMMENCING FROM SEPTEMBER 1, 1959, OR AS SOON THEREAFTER AS A LEASE CAN BE EXECUTED, AND ENDING AUGUST 31, 1960, AND THEREAFTER UNTIL SUCH TIME AS OPERATIONS ARE MOVED FROM CLIFF MAUS AIRPORT TO THE NEW MUNICIPAL AIRPORT, AT $1,512.00 PER YEAR AS RENTAL. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe L. Lozano, Sr. Aye SECOND READING OF AN ORDINANCE: AMENDING SECTION 21-153 OF THE CORPUS CHRISTI CITY CODE, 1958, FORMERLY KNOWN AS SCHEDULE I OF ORDINANCE NO. 22+1, AS AMENDED, SO AS TO REVISE THE SCHEDULE OF ONE-WAY STREETS. following vote: The foregoing ordinance was read for the second time and passed to its third reading by the Ellroy King Aye 3TOW • James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe L. Lozano, Sr. Aye Mayor Ellroy King next invited anyone in the audience with petitions or information for the Council on matters not included on the agenda to come forward and be heard. Maynard Wizig, a merchant from downtown Corpus Christi, stated that there was a meeting of businessmen of the downtown area held in Nueces Hotel the evening of September 22, 1959. The men attending agreed that it would be an asset to convert Chaparrel Street into a 2 -way street. It is their belief that if there were 2 -way traffic, business would be better. re -new their leases because of business as it is. There are many vacancies and many firms do not plan to There is very little traffic on this street, and it is felt with the opening of the new bridge, that there is a chance for them to "survive". Mr. Allen Marsden spoke stating that he was in accordance with Mr. Wizig, and he further asked the Peoples Street be made 2 -way from Water to Shoreline Drive. Dr. McGregor agreed that Chaparrel should be 2 -way. He stated that he remembers when downtown was very prosperous, but that now there are many vacancies. He said that when the street was made one-way, there was heavy traffic. Now the traffic has fallen off, and the business needs the traffic. If customers have to circle the streets to find a store, they won't do it. He further stated that it is important to the whole city, as the taxes from downtown businesses help to support the city. C. N. Coleman, property owner, added his endorsement to 2 -way street, stating that the street is wide enough to stand 2 -way traffic. With new bridge coming in, the additional traffic would help their businesses. Allen Solomon, manager of Grayson's, stated that he also endorses the 2 -way traffic. He stated that of all the people approached, they haven't come across anyone who was against the proposal. Charlie Aills, manager of the Commerce Building in the 400 block, stated that whether it is 2 -way or 1 -way is not important, that to change the traffic pattern will not solve the problem. Some of the things needed are parking areas and to clean downtown up. He also stated that he is not fighting these gentlemen, but that there is more than one problem that is hurting the downtown area. A. E. Eckard, Jr., of Phoenix Laundry, spoke in favor of the beautification of downtown. He mentioned the number of new people who will be coming in by the bridge and stated that the more people who see the businesses, then the more people will be interested. Mayor King stated that Chaparrel has been 1 -way for some time, and the matter of changing it will need some investigation. Simon Grossman, owner of property located on Chaparrel, which is now vacant, stated that he , would very much appreciate a 2 -way street. Gail Moore, who has a sewing shop downtown, stated that people couldn't find her shop downtown, people have to travel 4 blocks to find a parking place near her shop. Mr. Wizig said he felt the proposal is in the public interest. Joseph B. Dunn recommended that this matter be referred to the Traffic Engineer and Traffic Advisory Board. Dr. Barnard seconded the motion for further study, including the Peoples Street request. The motion was passed. Mary hardy, owner of the Maverick Club, at 5017 Timon, asked that something be done about the high water on the street in front of the club. She stated that traffic can't get through the water, and the street needs to be filled. She said that the business had to be closed for 13 straight days last year because of the water, and there is water from the tide in the street now. City Manager Whitney will investigate to see what needs to be done. 283 There being no further business to come before the Council, motion by J. Dunn, seconded by Barnard, and passed, that the meeting be adjourned. I, Ellroy King, Mayor of the City of Corpus Christi, certify that the foregoing minutes, same being for the period of June 17, 1959, through September 23, 1959, inclusive, and having been previously approved by Council action, are by me hereby approved. PRESENT: Mayor Ellrpy King Commissioners: Dr. James L. Barnard Mrs. Ray Airheart Joseph B. Dunn Patrick J. Dunne R. A. Humble Gabe Lozano, Sr. ELLROY KING, Kyor City of Corpu Christi, Axas REGULAR COUNCIL MEETING September 30, 1959 2:00 P. M. City Manager Herbert W. Whitney City Attorney I. M. Singer City Secretary T. Ray Kring Mayor Ellroy King called the meeting to order. The Invocation was given by The Reverend A. Lin Loeffler of The Trinity Methodist Church. The City Secretary Mr. Kring called the roll of those.in attendance. . , Motion by Pat Dunne, seconded by Humble and passed, that_the.Minutes of the. Regular -Meeting of September 23, 1959, be approved. Mayor King announced the Council would next hold a public hearing which had been set during the Regular Council Meeting on Wednesday, September 9, 1959, and legal notice duly published in the official publication of the City on September 17, 1959, and September 24,. 1959, on -the question of whether or not the City Council should call an election of the qualified voters of the City owning real property, duly rendered for taxation, to determine whether or not the City should adopt a Resolution to proceed with the Urban Renewal Program. Mayor King stated the salient points which the City Council must find and determine to be in the affirmative in order to legally call for an -election are as follows: To determine if one or more slum or blighted areas exist in the City of Corpus Christi. To determine if the rehabilitation, conservation, or slum clearance and redevelopment or a combination thereof, of such slum, and blighted area or areas, is necessary in the interest of public health, safety, morals or welfare of the residents of said City. Mayor King read excerpts of the law under which the Council must conduct the present public hearing and then called upon Mr. William Anderson, Director of Planning, to present the program and objectives of Urban Renewal. Mr. Anderson submitted evidence by way of maps and figures to substantiate his belief that the City Council can find and determine that rehabilitation, conservation, or slum clearance and redevelopment or a combination thereof, of such slum or blighted areas is necessary in the interest of public health, safety, morals or welfare of the residents of the City by virtue of the figures on tuberculosis, infant diarrhea deaths, venereal disease and juvenile delinquency, as correlated with sub -standard dwelling units. He stated that Corpus Christi rates Number 13, percentage wise, in the United States as to slum or blighted areas. He further stated that it is his opinion that when the 1960 census is taken, there will be an increase in that figure. 284 Dr. W. R. Metzger, Director of Public Health, stated he was in full concurrence with the state- ments of Mr. Anderson. He said it is a fact that conjestion of inhabitants in sub -standard buildings creates unsanitary conditions and is a direct cause of tuberculosis, infant diarrhea, venereal disease and juvenile delinquency; that it affects and presents a problem regarding water supply, sewerage, asphyxiation hazards, dampness, darkness and rodent infestation. Mayor King announced the Council would now hear from those in the audience wishing to speak as proponents to the subject matter. The following appeared and spoke in support of there being a necessity and in the interest of public health, safety, morals or welfare of the residents of the City to have an urban renewal program; Reverend Ted Spellman, Chaplain, Martineau Juvenile Hall; Gilbert Isenberg, Real Estate Appraiser; Reverend H. L. Brownlow; Reverend C. H. Warren; Dr. H. J. Williams; Mrs. C. R. Main; Mr. Abraham Morales, Del Mar College Student; Reverend Harold T. Branch, Baptist Church Minister Mrs. C. A. Gregg; Reverend Joe Ader, Pastor, Weasley Methodist Church; Mr. Roger Bell; Reverend Alfred Henriksen; Reverend Sidney R. Smith, Minister First Congregational Church; Mr. Jesse B. Baker, President, Home Builders Association of Corpus Christi, stated that -members of the Association had been incorrectly accused of being in favor of Urban Renewal Program for selfish reasons. He stated that this is not true; that if houses are -not built by Urban Renewal, they will have to be built by some other governmental agency. Dr. Hector Garcia, practicing physician, gave figures showing a decrease in diseases with the improvement of sanitary conditions in slum areas, substantiating his belief that the Urban Renewal Program is needed. Former Mayor Albert Lichtenstein spoke strongly in support of Urban Renewal. He stated he thinks there has been far too much procrastination in the four-year delay of the Program. Mr. Jake Jarman, Attorney, said Urban Renewal is only a small part of our Federal Housing Bill; that people have not objected to government loans for GI and FHA houses,. and that there is a lack of under- standing or willingness to understand the Urban Renewal Program. Mayor King announced the Council would now hear from those in the audience wishing to speak in opposition to the subject matter. Mr. Harvey Fry, Jr., Certified Life Underwriter and local critic of Urban Renewal Program, spoke stating that he was against the employment of Federal Aid to clear slums; that he believes it is the City's responsibility and that the job could be done if our City Housing Code Ordinance were enforced; that the Federal Aid is not a gift but is a loan which we will have to pay in taxes. Mrs. C. A. Gregg rose to a point of order, after which Mayor King requested that speakers adhere to items "a" and "b" on the agenda, the only two items with which the Council is concerned at the present time. Mr. Fry stated that everyone will agree that the City has slums, but that the opposition is at a disadvantage if they are not allowed to argue their case. Others speaking in opposition to the Urban Renewal Program were as follows: Mrs. Carl Duaine; Mrs.. Guy Warren; Mrs. Cecelia Blankart; Mrs. Frank Hankins; Mrs. Felix Irwin; Mr. Robert Wallace, Building & Loan Executive; Mr. A. R. Clasing Mr. Jack Blackmon, Attorney; Mr. Jack Davis; Mr. Jim DeAnda. 285 Motion by Barnard, seconded by Pat Dunne and passed that the hearing be closed, and that the meeting be recessed for 5 minutes. Mayor King reconvened the meeting and announced the Council would next hear the City Manager's Reports. Motion by Barnard, seconded by Airheart, and passed that the City Manager's requests and re- commendations be granted and approved relative to the following: a. That the award of Contract for Baldwin Street Improvements,_ Port Avenue to Highway #44, Project No. 220-53-1.2, Unit #1 representing the Storm Sewer Laterals along Airport Road, Vera Cruz, Guatemozen, Cortez, Pueblo, Virginia, Old Brownsville Road and Morgan while Unit YA2 represented the Baldwin Street Im- provements proper including paving, curb -gutters sidewalks and directly related storm sewer appurtenances, be made to T. H. Lee, Unit #1 on his bid of $103,727.83, and to J. M. Dellinger, Unit #2, on his bid of $390,527.74; (See Bid Tabulation #50 in.File) b. That the Plans and Specifications, Molina Addition and 11th Street, Storm Sewers, Projects 295-54-11 and 295-56-14.2, be approved, and that the City Manager.be authorized to advertise for bids to be received October 21, 1959; c. That acceptance and final payment in the amount of $24,522.00 in connection with the Seal Coating of 36 Miles of Streets, to the Contractor, Brannan Brothers, be approved; d. That the City Manager be authorized to advertise for bids to be received October 14, 1959, on Park and Golf Course Equipment. II e. That Change Order No. 2, relative to installation of 8.spotlight platforms for Memorial Coliseum in the amount of $3,035.50, be issued to Price Construction Company; f. That a Change Order to cover Unit VI - Grading for South Approach & Railroad Yards - Tule Lake Bridge, be issued to Heldenfels Brothers, Constractor for the Project; g. That the City Manager be authorized to execute a contract with Houston Natural Gas Cor- poration, requiring the adjustment, lowering and relocation of certain existing pipelines, for the construc- tion of the Savage Lane Railroad Track in the sum of $13,573.06. SECOND READING OF AN ORDINANCE: AMENDING SECTION 107 BY ADDING A NEW SECTION TO BE NUMBERED SUB -SECTION 107.6 OF THE CITY BUILDING CODE, HERETOFORE ADOPTED BY ORDINANCE NO. 4028 ON JANUARY 5, 1955, SO AS TO PROVIDE THAT IN CASES OF COMMENCEMENT OF WORK PRIOR TO OBTAINING A BUILDING PERMIT, THE FEE SPECIFIED IN SUB -SECTION 107.4(a) SHALL BE DOUBLED; PROVIDING FOR PUBLICATION; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B: Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye THIRD READING.OF AN ORDINANCE: AMENDING SECTION 21-153 OF THE CORPUS CHRISTI CITY CODE 1958, FORMERLY KNOWN AS SCHEDULE 1 OF ORDINANCE NO. 2241, AS AMENDED, SO AS TO REVISE THE SCHEDULE OF ONE-WAY STREETS. Jack Blackmon, spoke in opposition to the foregoing ordinance, stating that he opposed One -Way Streets in general and that in his opinion they kill traffic and should be made one way as a last resort. Mr. A. K. Kirby said that if Tancahua is made one-way there will be no access to his building at 226 South Tancahua, occupied by Certified Cleaners and Laundry and that his tenant has notified him he will not renew the lease if the one-way designation goes through. Motion by Joe B. Dunn, seconded by Humble and passed thatthe third reading and passage of the Ordinance amending Section 21-153 of the City Code, be deferred until a further study and survey can 286 be made regarding Tancahua and Carancahua Streets. ORDINANCE NO. 5505 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A CONTRACT WITH T. H. LEE FOR CONSTRUCTION OF STORM SEWER LATERALS, UNIT 1 OF THE BALDWIN STREET IMPROVEMENT PROJECT NO. 220-53-1.2; APPROPRIATING THE SUM OF $103,727.83 FROM NO. 220 STREET BOND IMPROVEMENT FUND; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano;, Sr. Aye The foregoing ordinance was passed by the following vote: Ellroy King - - James L. Barnard Mrs. Ray Airheart Joseph B. Dunn Patrick J. Dunne R. A. Humble Gabe Lozano, Sr. Ay e Ay e Aye Aye Aye Aye Aye ORDINANCE NO. 5506 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A CONTRACT WITH J. M. DELLINGER, INC,', FOR THE CONSTRUCTION OF UNIT II OF THE BALDWIN STREET IMPROVEMENT PROJECT NO. 220-53-1.2 FROM PORT AVENUE TO HIGHWAY NO. 44; APPROPRIATING $211,627.74 FROM NO. 220 STREET BOND IMPROVEMENT FUND, WHICH AMOUNT REPRESENTS NET CITY COST AFTER ASSESSMENTS; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye The foregoing ordinance was passed by the following vote: Ellroy King James L. Barnard Mrs. Ray Airheart Joseph B. Dunn Patrick J. Dunne R. A. Humble Gabe Lozano, Sr. Aye Aye Aye Aye Ay e Aye Aye ORDINANCE NO. 5507 RECEIVING AND ACCEPTING THE WORK OF SEAL COATING VARIOUS STREETS, APPROXIMATELY 36 MILES, PERFORMED BY BRANNAN BROTHERS, CONTRACTORS, UNDER THEIR CONTRACT WITH THE CITY DATED APRIL 28, 1959, AS AUTHORIZED BY ORDINANCE NO. 5313; AUTHORIZING THE PAYMENT OF FINAL ESTIMATE NO. 3,A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, DATED SEPTEMBER 21, 1959, IN THE AMOUNT OF $24,522.00 PAYMENT FROM NO. 108 STREET FUNDS, CODE 502, HERETOFORE APPROPRIATED; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye The foregoing ordinance was passed by the following vote: Ellroy King James L. Barnard Mrs. Ray Airheart Joseph B. Dunn Patrick J. Dunne R. A. Humble Gabe Lozano, Sr. Aye Aye Aye Aye Ay e Aye Aye ORDINANCE NO. 5508 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A CONTRACT WITH THE HOUSTON NATURAL GAS CORPORATION REQUIRING THE ADJUSTMENT, LOWERING AND RELOCATION OF CERTAIN EXISTING PIPELINES, SAID ADJUSTMENT BEING NECESSARY FOR THE CONSTRUCTION OF SAVAGE LANE RAILROAD TRACK, FOR THE SUM OF $13,573.06, A COPY OF WHICH CONTRACT IS ATTACHED HERETO AND MADE A PART HEREOF; APPROPRIATING THE SUM OF $13,573.06 OUT OF THE BRIDGE REMOVAL AND RELOCATION BOND FUND, NO. 230; AND DECLARING AN EMERGENCY. 28'7 The Charter rule was suspended by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye The foregoing ordinance was passed by the following vote: Ellroy King James L. Barnard Mrs. Ray Airheart Joseph B. Dunn Patrick J. Dunne R. A. Humble Gabe Lozano, Sr. Aye Aye Aye Aye Aye Aye Aye ORDINANCE NO. 5509 CALLING A SPECIAL ELECTION IN THE CITY OF CORPUS CHRISTI, TEXAS, PURSUANT TO SECTIONS 5 AND 16(a) OF THE URBAN RENEWAL LAW OF TEXAS; PROVIDING FOR NOTICE OF SUCH ELECTION; PROVIDING FOR THE BALLOT TO BE USED IN SAID ELEC- TION; PROVIDING FOR THE TIME, PLACES AND OFFICERS FOR HOLDING SUCH ELECTION AND OTHER PROCEDURAL MATTERS; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye The foregoing ordinance was passed by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye Mr. Blackmon appeared in connection with the Ordinance calling an Election regarding the Urgan Renewal Program. Mayor King stated that the action of the Council does not mean that it has been determined that slums exist, but indicates there may be facts to support such finding, and that the final determination would not be made until the election, which is'set for December 5, 1959. Mayor King next invited anyone in the audience with petitions or information for the Council on matters not scheduled on the agenda to come forward and be heard. Mr. John W. Sheldon, local private investigator, asked the Council to protect local investigators by requiring out of town investigators to obtain a license to operate in the City. Mayor King advised Mr. Shelton that the matter will be looked into to determine if there is some inequity in the application of the ordinance. Mr. Roy G. Best appeared in connection with the petition submitted by 39 property owners abutting the alley located between Claremore Street and University Place, and extending between Kentner Street and South Alameda Street, requesting the Council to authorize paving of said alley without cost to the petitioners or owners. Mr. Best stated that there is no drainage at all and that the present repair work being done by the City is a waste because holes appear after each rain. (See Petition #22 in File) Motion by Joe B. Dunn, seconded by Pat Dunne and passed that the matter be referred to the City Manager for study and recommendation. There being no further business to come before the Council, motion by Airheart, seconded by Barnard and passed that the meeting be adjourned. REGULAR COUNCIL MEETING October 7, 1959 2 00 P. M. PRESENT Mayor Ellroy King Commissioners Dr. James L Barnard Mrs. Ray Airheart Joseph B Dunn Patrick J Dunne R A Humble Gabe Lozano, Sr Mayor Ellroy King called the meeting to order. City Manager Herbert W. Whitney City Attorney I. M. Singer City Secretary T. Ray Kring 1 The Invocation was given by The Reverend Paul D Hanna, of Woodlawn Presbyterian Church. Before the roll was called, Mayor King announced to the audience that an ordinance on the agenda, concerning foodhandlers, had been withdrawn from the agenda, pending further study Attorney Bob Sorrell rose and'complimentedthe present council on their practice of cutting down on the number of emergency ordinances passed, thereby giving the people interested a change to protest or agree with ordinances before they are passed He then asked, in connection with the ordinance being with- drawn, if Dr. Metzger could get together with food handlers and discuss the matter. He stated that the food handlers don't think they need the ordinance They feel they can run their own businesses. Mayor King said he though the City Manager would handle it, and felt sure that there would be some meetings in connection with the ordinance. City Secretary Kring called the roll of those in attendance. Motion by Airheart, seconded by Barnard, and passed that the Minutes of the Regular Meeting of September 30, 1959, be approved. Motion by Humble, seconded by Pat Dunne and passed that the City Manager's requests and re- commendations be granted and approved relative to the following a. That award of bid on Brass Service Fittings be made as follows Alamo Iron Works, Item 6 - 20 3/4"x3/4"x3/4"x13" Brass U branch Connections @3 92, $76.83 ..Ford Meter Box Co , Item 3 - 100 3/4" Brass Water Meter Stops @2.07, $207.00... Norvell Wilder Supply Co , Item 2 - 750 3/4" Brass Water Meter Stops @2.23, $1,672.50, Item 4 - 750 3/4" Brass Corp Stop @1.64, $1,230.00, Item 5 - 250 3/4" Brass Curb Stop @2.01, $502 50, Item 7 - 30 3/4" Brass Two Part Union @0.49, $14.70, Item 8 - 300 3/4" Brass Straight Coupling @0.50, $150.00, Item 10 - 144 1" Brass Straight Coupling @0.84, $120.96, Item 12 - 15 1�" Brass Corp. Stop @6.93, $103.95, Item 13 - 30 1�" Brass Corp. Stop @6.93, $207.90, Item 15 - 10 2" Brass Corp Stop @10.59, $105.90, Item 16 - 30 2" Brass Three Part Union @6.14, $184.20, Item 17 - 60 2" Brass Straight Coupling @3.80, $228.00... Wallace Co . Inc , Item 1 - 251" Brass Curb Stop @1.31, $32.10, Item 9 - 900 1" Galv. Iron Body Meter Stop @1.58, $1,393 56, Itemll, 12 1k" Galv Flat Heat Iron Body Meter Stop @2.18, $25 64, Item 14 - 300 2" Galv Flat Head Iron Body Meter Stop @4.25, $1,249 50, (See Bid Tabulation No. 51 in File) b Approval of the Tax Error and Correction List and the Supplemental Tax Roll for August, 1959, C That funds be appropriated to cover estimated laboratory control charges on Units II and III of the Westside Trunk Sewer System, and funds to cover costs of $17 82 for Legal Advertising for bids on Unit III, d That the City Manager be authorized to receive bids on materials for a crossing by Savage Lane Line of the Missouri Pacific Main Line near Mile Post 146, opening bids on October 21, 1959, e That approval be granted for Change Order No 1 on the Westside Sewer Trunk Main, Unit II, for concrete embedment for the 54" and 48" concrete sewer pipe, estimated cost $2,495 79 FIRST READING OF AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE AN AGREEMENT AND LEASE CONTRACT WITH HOUSTON NATURAL GAS CORPORATION AS SITE FOR GAS REGULATOR STATION, A COPY OF WHICH AGREEMENT IS ATTACHED HERETO AND MADE A PART HEREOF. following vote The foregoing ordinance was read for the first time and passed to its second reading by the Ellroy King Aye James L. Barnard Aye Mrs Ray Airheart Aye Joseph B Dunn Aye Patrick J. Dunne Aye 281 R. A. Humble Gabe Lozano,.Sr. ORDINANCE NO. 5510 Aye Aye SETTING UP, CREATING AND DIVIDING THE CITY OF CORPUS CHRISTI, TEXAS, INTO TWENTY (20) WARDS; DESCRIBING SAID WARDS; REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye The foregoing ordinance was passed by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye ORDINANCE NO. 5511 DIVIDING THE CITY OF CORPUS CHRISTI, TEXAS, INTO TWENTY (20) ELECTION PRECINCTS FOR AND IN WHICH ALL MUNICIPAL ELECTIONS SHALL HEREAFTER BE HELD IN AND FOR SAID CITY AND SAME SHALL BE KNOWN AS ELECTION PRECINCTS ONE (1) THROUGH TWENTY (20), INCLUSIVE; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND DE- CLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye .. Joseph B. Dunn Aye Patrick J..Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye The foregoing ordinance was passed by the following:vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye. Patrick J. Dunne Aye R. A. Humble Aye' Gabe Lozano, Sr. Aye ORDINANCE NO. 5512 APPOINTING JUDGES, ASSISTANT JUDGES AND CLERKS�AND OTHER.ELECTION OFFICERS TO SERVE IN THE HOLDING OF THE ELECTION ON THE PROPOSITION OF WHETHER OR NOT THE CITY COUNCIL SHALL ADOPT A RESOLUTION MAKING CERTAIN FINDINGS, DETERMINATIONS AND ELECTIONS UNDER AND PURSUANT TO THE URBAN RENEWAL LAW OF TEXAS, ALL AS SET OUT IN ORDINANCE NO. 5509, ADOPTED SEPTEMBER 30, 1959; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble.., Aye Gabe Lozano, Sr. Aye The foregoing ordinance was passed by the following.vote.:.. Ellroy King .. ,. Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn. Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye ORDINANCE NO. 5513 AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE, FOR AND,ON BEHALF OF THE CITY OF CORPUS CHRISTI, CONTRACTS WITH THE SOUTHERN PIPELINE CORPORATION REQUIRING THE ADJUSTMENT, LOWERING AND CASING OF SEVEN EXISTING PIPE- LINES REQUIRED FOR THE CONSTRUCTION OF THE SAVAGE LANE RAILROAD TRACK, FOR THE TOTAL SUM OF $14,443.87, COPIES OF WHICH CONTRACTS ARE ATTACHED HERETO AND MADE A PART HEREOF; APPROPRIATING THE SUM OF $14,443.87 FROM THE BRIDGE REMOVAL AND RELOCATION BOND FUND. -NO. 230; AND.DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: 290 Ellroy King Aye James L. Barnard -Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye The foregoing ordinance was passed by the following vote: THIRD READING OF AN ORDINANCE Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye ORDINANCE NO. 5514 AMENDING SECTION 107 BY ADDING A NEW SECTION TO BE NUMBERED SUB -SECTION 107.6 -OF THE CITY BUILDING CODE, HERETO- FORE ADOPTED BY ORDINANCE NO. 4028 ON JANUARY 5, 1955 SO AS TO PROVIDE THAT IN CASES OF COMMENCEMENT OF WORK PRIOR TO OBTAINING A BUILDING PERMIT, THE FEE SPECIFIED IN SUB -SECTION 107.4 (a) SHALL BE DOUBLED; PROVIDING FOR PUB- LICATION; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH. The foregoing ordinance was read for the third time and passed finally by the following vote: THIRD READING OF AN ORDINANCE Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano,.Sr. Aye ORDINANCE NO. 5515 AMENDING SECTION 21-153 OF THE CORPUS CHRISTI CITY CODE, 1958, FORMERLY -KNOWN AS SCHEDULE 1 OF ORDINANCE NO. 2241 AS AMENDED, SO AS TO REVISE THE SCHEDULE OF ONE-WAY STREETS. The foregoing ordinance was read for the third time and passed finally by the following vote: Ellroy King Aye -- James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano,.Sr. Aye ORDINANCE NO. 5516 APPROPRIATING THE SUM OF $1017.82 OUT OF NO. 250 SANITARY SEWER BOND IMPROVEMENT FUND OF WHICH $1000.00 IS FOR ESTIMATED LABORATORY CONTROL COSTS IN THE AMOUNT OF $500.00 EACH FOR UNITS II AND III, WESTSIDE TRUNK SEWER LINES, PROJECTS 250-54-9.2 AND 250-54-9.3, AND $17.82 IS FOR LEGAL ADVERTISING FOR UNIT III; APPROPRIATING THE SUM OF $17.82 FROM NO. 220 STREET BOND FUND FOR LEGAL ADVERTISING APPLICABLE TO BALDWIN STREET IMPROVEMENT, PROJECT NO. 220-53-1.2; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. -Aye The foregoing ordinance was passed by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye Mayor King next invited anyone in the audience with petitions or information for the Council on matters not scheduled to come forward and be heard. City Secretary Kring read a petition that Carancahua Street not be designated a one-way street. He also read a petition that Tancahua Street not be designated a one-way street.. No one else appeared in connec- tion with these petitions. The petitions suggested alternatives of no -parking restrictions being placed on the streets, i. e. 291 "1. Eliminate on -street parking from Comanche to Kinney and from Lipan to Kinney, or 2. Eliminate on -street parking from Comanche to Kinney and from Lipan to Kinney from 7 to 9. A. M. and from 4 to 6 P. M. and limit parking during the other day -light hours to one hour-,, or 1 3. Make Carancahua and Tancahua Streets one-way only from the highway interchange South to Leopard Street." (See Petitions #23 & #24, respectively, in File) Motion by Joe B. Dunn, seconded by Humble and passed, that the matter be referred to the City Manager for a recommendation on parking on the forementioned streets. A petition was presented asking that unpaved portions of Francis Street between Lum and Salem be black topped and opened to traffic. (See Petition #25 in File) Motion by Humble, seconded by Barnard and passed, that the Francis Street petition be referred to the City Manager for appropriate action. Mrs. Mary Hardy, of the Maverick Club, 5017 Timon Blvd., showed the Council some pictures of the high water in the street in front of the club. City Manager Whitney said that Mr. Naismith, Director of the Department of Public Works, was making a study of this problem. Mrs. Hardy stated that Heldenfels Brothers Company had told her they could drain the water off by cutting a ditch to the bay. Mayor King stated that he had driven out to that area, and the water seemed to be caused by high tide, and he doesn't see how it could be drained, and that it would be very expensive to build the street to a higher level, however, the matter would be investigated. Mayor King welcomed Ray Ledbetter and Robert Shaw, boyscouts from Troop 159, who are working on their merit badges. There being no further business to come before the Council, motion by Pat Dunne, seconded by Barnard and passed, that the meeting be adjourned. SPECIAL COUNCIL MEETING October 8, 1959 7:30 P. M. PRESENT: Mayor Ellroy King Commissioners: Dr. James L. Barnard Mrs. Ray Airheart Joseph B. Dunn Patrick J. Dunne R. A. Humble Gabe Lozano, Sr. 1jayor Ellroy King called the meeting to order. City Manager Herbert W. Whitney Assistant City Attorney John Waller City Secretary T. Ray Kring City Secretary Kring called the roll of those in attendance. Mayor King announced the Council would hold public hearings on several zoning matters. First would be application of Del Starr Realty Co., Inc., to re -zone Blocks 21 and 22, Schannen Estates Unit 2, being that property on the west side of the 5700 and 5800 blocks, Everhart Road from "R-1" one Family Dwelling District to "B-3" Secondary Business District. Mr. Edward Shaw of the Zoning & Planning Department located the property on the map and gave a history of the case. He stated that it was the recommendatinn of the Zoning & Planning Commission to approve the application subject to a replat showing a minimum 3:1 parking to building ratio, and providing for residen- tial apartment lots a minimum 110 feet in depth facing Shea Parkway. Mr. Tom Pogue, attorney representing the applicant, appeared stating that it was felt that a small neighborhood shopping center was needed for the development of the area which would eventually include 1500 families. He presented an aerial photograph of the area in question and stated that the proposed center would conform to the Commission's policy requiring 3:1 parking. No one appeared against the application. Motion by Humble, seconded by Joe B. Dunn and passed, that the hearing be closed and the Zoning 292 & Planning Commission's recommendation be upheld that the application be approved. Next was the application of Dr. C. L. Concklin to re -zone lots 8 through the south twenty feet of Lot 15, inclusive, Block 1406-A, Port Aransas Cliffs, being that property located on 2205 Sixteenth Street, from "A-2" Second Apartment House District to "B-3" Secondary Business District. Mr. Edward Shaw located the property on the map and read the recommendation of the Zoning & Plan- ning Commission that the application be denied'on the basis that the present zoning district boundaries represent good zoning practices, with the present "A2" District being a logical buffer between the existing business area and the residential areas, that uses other than the Doctor's office are available to the applicant and that the proposed change would have an adverse effect on surrounding properties. Dr. Concklin spoke in behalf of his application, stating that he had moved his office to another location and had a potential buyer for this property provided it could be zoned for business. He stated he had been unsuccessful in renting the property either as a doctor's office or residence. He further stated that the best real estate agents in the City had made every effort to sell the building without success; that there were no objections to the re -zoning in the neighborhood surrounding the property and that he feels there is a need for such prospective purchasers including an architect, garden club and a religious organization. No one appeared in opposition to the application. Motion by Joe B. Dunn, seconded by Humble that the Zoning & Planning Commission's recommendation be upheld and that the application be denied. Commissioners Dunn and Humble voted "Aye" with Commissioners, Dunne, Barnard, Airheart and Lozano voting Naye. Assistant City Attorney, John Waller, stated that the zoning laws require a 6:1 vote of the Council to override the recommendation of the Zoning & Planning Commission. Motion'by Barnard, seconded by Pat Dunne and passed that the Council give further consideration to this application and that the matter be taken under advisement. Next was the application of Guaranty Title & Trust Company to re -zone Block 416, Brooklyn Addition, being that property lying west of the south end of Nueces Causeway, from 11A-4" Tourist Court District to "H -I" Heavy Industrial District. Mr. Shaw presented the maps showing the location of the property and read the recommendation of the Zoning & Planning 'Comctission that :this application be granted as a logical change in keeping with the character of the area. ,.. .. 1. Mr. Ernest Horn, spoke representing the applicants, described the character of the surrounding area listing some of the past uses made of the property and stated that it had been used for heavy industrial purposes for 20 years. He said that while the immediate need was for a shrimp business, they were anticipating the Navigation District's development of the additional lands, including barge canal service. A letter was read from Mr. Jack B. Davis, representing the Corpus Christi Beach Association, in support of the application. There was no opposition to this application. . .. t .. _ ­­­­ Motion ....... Motion by Humble, seconded by Pat Dunne and passed, that the Zoning & Planning Commission's re- commendation be upheld and that the application be approved. Next was the application of Martin Leal et al to re -zone Lots 17, 18, 19, 20, 21, 22, Block 4, E1 Rey Addition, being those properties at 2809 through 2829, inclusive, Greenwood Drive, from "R-1" One Family District to "B-1" Neighborhood Business District. Mr. Shaw located the property in question on the map and stated that it was the recommendation of the Zoning & Planning Commission that this application be denied on the basis that there is adequate business zoning already existing in the area and that the granting of the re -zoning would set a pattern and have a ten- dency to create, in the future, a string business zone, pointing out the existence of four vacant business - zoned lots in the immediate vicinity. 293 Mr. Blas Salinas appeared as attorney for the applicants, pointing out that his client has a specific use in mind for his property and that.the proposed expenditure of approximately $10,000 on a new masonry building to replace the old.delapidated building would be an improvement to the area; that other property owners in the application have specific plans for the use and development of their property, and also, that Greenwood Drive is in very bad -condition which he believed would improve with.the re -zoning change. Noone appeared in opposition to the above application. Motion by Humble, seconded by Pat Dunne and passed that the Zoning & Planning Commission's re- commendation be upheld and.that the application be denied on the basis that it would constitute.spot zoning. Next was the application of R. A. Long et al to re -zone Lots 12, 13, 14, 15, 16,.Block 3, Bayview Addition, being that property at the southeast corner of Santa Fe and Buford facing 239 feet along Santa Fe, from "A-2" Second Apartment House District to "B-1" Neighborhood Business District. Mr. Shaw located the property in question on the map and stated that it was the recommendation of the Zoning & Planning Commission that the application be denied on the basis that adequate business zoning al- ready exists in the immediate area and no public necessity had.been demonstrated by the applicant; further, that the creation of a business zone.at this location would have -an adverse effect on surrounding properties and contribute to traffic congestion on a major artery in the City's thoroughfare system. Mr. W. R. Anderson, attorney representing the applicant, spoke, reviewing the history of the litigation with reference to zoning and use of the property. He stated he felt the property owners were entitled to the change since the area, once residential in character, was undergoing a transition due to location, the age of structures and City growth. Others speaking in favor of the change in zoning were Mr. Adrian J. Anderson, resident in the area; Mr. Fox, owner of Fox Radio -TV at 1109 Santa Fe; and Mr. Kirtley Hill, representing Guaranty Title and Trust Company. Miss Elizabeth Boone appeared in opposition to the application stating that delivery trucks using the alley were a definite nuisance, and that business zoning would devaluate her home. Mrs. Kathryn Collier, living at 724 Craig, said business zoning would make her property very un- desirable as a home, and she felt that this change of zoning would open up the way for undesirable businesses. Dr. G. R. Van Aken, 1107 Third, said there are approximately 21 vacant stores in the area now and that there is no economic necessity for a change of zoning. In rebuttal, Mr. Anderson pointed out that none of the opposition properties face on Santa Fe. Regarding the traffic problem, he said Mr. Long's operation involved one delivery every 2 weeks.to the office, with an outgoing shipment once a week. Motion by Airheart, seconded by.Joe B. Dunn and passed, that the recommendation of the Zoning & Planning Commission be upheld and the application be denied. Motion by Barnard that the meeting-be,recessed ;for,5 minutes.:.,.„ Mayor King reconvened the recessed.meeting and:.announced that nextron the agenda was the appli- cation of Mr. A. J. Neff to re-zone.the West.100-feet of-:Lot,l, Block 1,, Windsor -Park Unit.l,,being that property located at 4401.South Alameda Street,..from ':'B-1" Neighborhood Business District to,.•'B-3": Secondary Business District. 's Mr. Shaw presented the maps showing the location of the property and stated that it is the re- commendation of the Zoning &.Planning Commission that the application -be denied.on -the basis that,,its granting would constitute•.spot,zoning and -the proposed uses.would be out of character with the area. J.,B:,,Trimble, attorney for the.,applicant, appeared stating that his client is now engaged in the operation•of a Drive -In -Grocery Store; that he proposed to black -top the entire 90 feet of the lot so that he could engage in the sale of used cars. He pointed out existing uses in the area stating that several -of these were "B-3" uses though located in an area classified as Neighborhood Business...He contended.the proposed expan- 294 sion would not be detrimental to the area. No one spoke in .opposition to the above application. Motion by Barnard, seconded by Airheart and passed that the recommendation of the Zoning & Planning Commission be upheld and the application be denied on the basis of spot zoning. Next was the application of Mr. H. G. Dawson to re -zone the west half of Lot M, Block 2, Alameda Estates, being that property at 461 Roberts -Drive, from "R-1" One Family Dwelling District to "B-1" Neighborhood Business District. Mr. Shaw located the property on the map and explained its present uses. Mr. Dawson appeared in behalf'of'his'application pointing out that his property faced the parking area at the Town & Country Shopping Center and, being generally surrounded by business and vacant tracts, it is not considered good rental property; that he can neither rent or sell the property under the present zoning res- trictions. No one appeared in opposition'to this application. Motion by Humble, seconded by Joe B. Dunn that the hearing be closed and that the recommendation of the Zoning & Planning commission be upheld that the application be denied. Commissioners Humble and Joe B. Dunn voted "Aye" with Commissioners Airheart, Barnard, Lozaio and Pat Dunne voting "Naye". Since the above vote did not carry, a second motion was'made by Barnard,' seconded by Pat Dunne, and passed that this application be referred to the Zoning & Planning Commission for further study and con- sideration. Motion by Barnard, seconded by Airheart and passed that the application of Dr. Concklin also be referred back to the Zoning & Planning Commission for further study and consideration. Next was the application of C. V. Halstead to re -zone Lot 7, Block 9, Carroll Lane Park Unit No.. 2, being located at the southwest corner of South Staples and Willow Streets, from "R-2" Two Family -Dwelling District to "B-1" Neighborhood Business District. Mr. Shaw located the property on the map and stated that it is the recommendation of the Zoning and Planning Commission that this application be denied on the basis that its granting would constitute spot zoning, but that the more restricted "A-2" classification be approved as a'logical use conforming to existing development in the area. Mr. Halstead appeared in behalf of his application showing drawings of the building he would like to erect; also, that he had applied for "B-1" zoning but that he is willing to accept "A-211. Mr. Tom Dimbleby, 3810 willow Street'stated that he would oppose business zoning but would accept Mr: H. J. Prihoda"also stated that'he would oppose business zoning but would favor "A-2". Motion by Barnard, seconded by Pat J. Dunne and passed that the recommendation of the Zoning & Planning Commission be accepted and that the application be approved as "A-2" zoning. At this point Commissioner Airheart asked to be excused from the meeting due to some business connections with one of the interested parties"to the next item on the agenda. Next on the agenda was the application of Frank G. Evans, Mrs. Elsie E. Vowell, and J. D. Craine, to re -zone those tracts located on the northwest corner of Lexington Boulevard and Everhart Road, showing on a plat in the Zoning & Planning Commission Office being so numbered; Tract 1, 4438 Lexington Blvd., from "R-1" Single Family District and "B-1" Neighborhood Business District to "B-3" Secondary Business District; Tract 2, 4618 Lexington Blvd., and Tract 3, 4718 Lexington, from "R-1" Single'Family District to "B-3" Secondary Business District; Tract 4, 5505 Everhart Road, from "R-1" Single Family District to "B-1" Neighborhood District; Tract 5, 4937 Everhart Road, and Tract 6, 4905 Everhart Road, from "R-1" Single Family District to "A-2" Second Apartment House District. Mr. Shaw located the -properties on the map and stated that it was the recommendation of the Zoning 295 & Planning Commission that this application be denied on the basis that no public need had been demonstrated by applicants and that there was more business zoning now existing on Lexington Boulevard than,could be used in the foreseeable future. , Mr Ralph Graham, representing Mrs. Elsie E. Vowell, Mr. Frank G. Evans and Mr. Hedric4, present- ed a plat showing the property ownership by his clients which was a portion of Tract 1, in the application, and he also had another plat which showed Tract 2. Mayor King stated that Mr. Graham's maps did not agree with the maps of the Zoning & Planning Office and that he was confused. Mr. Shaw stated that his map showed the tracts as advertised by the Zoning & Planning Commission notices, and that his map also had been prepared to show the ownership of the property A lengthy discussion followed between the Council, Mr. Graham, Mr. Paul Nye, Mr. Ted Anderson, and Gene Urban, regarding the description and location of the property in question Motion by Joe B. Dunn that this application be deferred until such time as clarification of des- cription of property can be made. The motion died for lack of second. , Motion by Pat J Dunne, seconded by Barnard and passed that the hearing on this application be recessed until the property can be clearly identified on both the City and applicants' maps. _ There being no further business to come before the Council, the Special meeting was adjourned PRESENT Mayor Ellroy King Commissioners Dr. James L Barnard Mrs. Ray Airheart Joseph B Dunn Patrick J. Dunne R. A Humble Gabe Lozano, Sr. REGULAR COUNCIL MEETING October 14, 1959 2.00 P. M. City Manager Herbert W Whitney Asst'. City Attorney Bernard Schrader City Secretary T. Ray Kring Mayor Ellroy King called the meeting to order. , I I f - The Invocation was given by the Reverend G A Poehlmann of First Lutheran Church. r , City Secretary Kring called the roll of those in attendance., Motion by Pat J. Dunne, seconded by Barnard and passed, that, the Minutes of the Regular Council t Meeting of October 7, and Special Council Meeting of October 8, 1959, be approved Mayor King announced the opening of bids Bids were opened and read on construction of a wading pool at Site of H. E. Butt Swimming Pool from the following a Price Construction Company H & H Concrete Company , 1 I l 1 ! Motion by Humble, seconded by Pat Dunne and passed, that the foregoing bids be tabled for 48 I I c hours as required by the City Charter, and referred to the City Manager for tabulation and recommendation. Mayor King announced the Council would hear the City Manager's Reports Motion by Barnard, seconded by Pat Dunne and passed, that the City Manager's requests and re- commendations be granted and approved, relative to the following a. That the City Manager be authorized to advertise for bids to be received on October 28, 1959, on various quantities and sizes of M. J. Gate Valves, b. That the City Manager be authorized to advertise for bids to be received October 28, 1959, on Fuel Requirements for the period November 1, 1959, through January 31, 1960, c. That the City Manager be authorized to advertise for bids to be received on October 28, 1959, on various quantities and sizes of Concrete Pipe, d That payment, in the amount of $4,600 00, be authorized for Laboratory Control Expense as L , C L 296 required in the construction of the Baldwin Street Improvement Projett; No 220-53-1 2, e. That'Plans and Specifications be'approved for the proposed construction of Unit B, Water Supply Main along Airline Road from Ocean Drive to Alameda Street designated as Project No 202-53-11, and that the City Manager be authorized to advertise for bids to be received November 4, 1959, ' f That acceptance and'finai payment'for the Alameda Street Improvements, Doddridge to North Boundary of Oso Golf Course, Project 1-53-3 2, in the amount of $56f006 79, be made to the contractor, Heldenfels Brothers, L g That the recommendation of Paul W Rice, Traffic Engineer, to eomply with the request of the State Highway Department for the City to establish speed limits by ordinance according to the speed zone studies made by the State Highway Department, be approved;- * ro < r I , h That the sale of property located -at the northwest corner, 1706-1708 Antelope Street, and described as part of Lot 49, and all of Lots No: 50, 51, 53, 54, Block No. 2, Monterrey Addition, be made to the Texas Highway Department forlthe'sum of $3,500.00'said property'having been appraised by impartial and qualified fee appraisers, in connection with right of way necessary for Interstate Highway 437, i' That the population survey'cbnducted by ConSurvey,°a local organization; establishing the population of the City of Corpus Christi at 176,527, be adopted and that the Highway Department be requested to change the population figures on the Signs at the entrance to the City. ORDINANCE NO. 5517 APPROPRIATING THE SUM OF $4,600.00 OUT OF NO 220 STREET BOND IMPROVEMENT FUND FOR LABORATORY CONTROL EXPENSE AS REQUIRED IN THE CONSTRUCTION OF THE BALDWIN STREET IMPROVEMENT PROJECT, NO 220-53-1 2, AND DECLARING AN EMERGENCY The Charter rule was suspended by the following vote Ellroy King Aye ' James L. Barnard Aye Mrs. Ray Airheart Aye 'Joseph B Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr Aye The foregoing ordinance was passed by the following vote Ellroy King Aye James L Barnard Aye Mrs Ray Aitheart Aye Joseph B Dunn Aye Patrick J. Dunne Aye R A. Humble Aye Gabe Lozano, Sr Aye ORDINANCE NO 5518 RECEIVING AND ACCEPTING THE WORK OF CONSTRUCTION OF ALAMEDA STREET IMPROVEMENTS, DODDRIDGE TO NORTH BOUNDARY OF OSO GULP" COURSE, PROJECT 1-53-3 2, PERFORMED BY HELDENFELS BROTHERS, CONTRACTORS, UNDER THEIR CONTRACT WITH THE CITY DATED NOVEMBER 19, 1958, AS AUTHORIZED BY ORDINANCE NO 5196, AUTHORIZING THE PAYMENT OF FINAL ESTIMATE NO 5, A COPY OF WHICH IS ATTACHED HERETO AND MADE APART HEREOF, DATED OCTOBER 9, 1959, IN THE AMOUNT OF $56,006.79, PAYMENT FROM NO 220 STREET BOND IMPROVEMENT FUNDS, HERETOFORE APPROPRIATED FOR CONSTRUCTION, CONTINGENCIES AND CERTIFICATES OF ASSESSMENT, AND DECLARING AN EMERGENCY. i t 1 1 i The Charter rule was suspended by the following vote Ellroy King Aye James L Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye The foregoing ordinance was passed by the following vote f Ellroy King Aye James L Barnard Aye Mrs Ray Airheart Aye Joseph B. Dunn - - Aye Patrick J. Dunne Aye R. A Humble Aye Gabe Lozano, Sr. Aye ORDINANCE NO 5519 AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A CONTRACT, FOR AND ON BEHALF OF THE CITY, WITH REAGAN AND McCAUGHAN, ENGINEERS, FOR ENGINEERING SERVICES FOR DESIGN AND CONSTRUCTION OF A GROUND STORAGE RESERVOIR TOGETHER WITH THE NECESSARY MAINS AND PUMPING FACILITIES IN THE SOUTH PART OF THE CITY, APPROPRIATING THE SUM OF $148,500 OUT OF NO. 141 WATER FUND FOR REIMBURSEMENT UPON THE SALE OF THE AUTHORIZED WATERWORKS REVENUE BONDS; AND DECLARING AN EMERGENCY The Charter rule was suspended by the following vote Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R A. Humble Aye Gabe Lozano, Sr Aye The foregoing ordinance was passed by the following vote Ellroy King James L. Barnard Mrs. Ray Airheart Joseph B Dunn Patrick J Dunne R. A. Humble Gabe Lozano, Sr. Ay e Ay e Aye Aye Aye Aye Ay e ORDINANCE NO 5520 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 2266 PASSED AND APPROVED ON THE 4TH DAY OF MAY, 1948, APPEARING OF RECORD IN VOLUME 16, PAGES 339 ET SEQ OF THE ORDINANCE AND RESOLUTION RECORDS, AND AS AMENDED BY ORDINANCE NO 4846 ADOPTED ON THE 21ST DAY OF AUGUST, 1957, APPEARING OF RECORD IN VOLUME 26, PAGES 385 ET SEQ OF THE ORDINANCE AND RESOLUTION RECORDS, BY AMENDING THE ZONING MAP BY CHANGING THE ZONING OF THE FOLLOWING BLOCK 416, BROOKLYN ADDITION, FROM "A-4" TOURIST COURT DISTRICT TO "H -I" HEAVY INDUSTRIAL DISTRICT, AND LOT 7, BLOCK 9, CARROLL LANE PARK UNIT NO 2, FROM "R-2" TWO FAMILY DWELLING DISTRICT TO "A-2" SECOND APARTMENT HOUSE 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 by the following vote Ellroy King Aye James L Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A Humble Aye Gabe Lozano, Sr. Aye The foregoing ordinance was passed by the following vote Ellroy King James L. Barnard Mrs. Ray Airheart Joseph B Dunn Patrick J Dunne R. A. Humble Gabe Lozano, Sr. Aye Aye Aye Aye Aye Aye Aye ORDINANCE NO 5521 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TEXAS, TO EXECUTE A CONTRACT WITH THE HUMBLE PIPE LINE COMPANY REQUIRING THE ADJUSTMENT AND ENCASING OF THREE EXISTING PIPELINES NECESSARY FOR THE CONSTRUCTION OF THE SAVAGE LANE RAILROAD TRACK, FOR THE TOTAL SUM OF $6,574.47, COPY OF WHICH CONTRACT IS ATTACHED HERETO AND MADE A PART HEREOF, APPROPRIATING THE SUM OF $6,574 47 FROM THE BRIDGE REMOVAL AND RELOCATION BOND FUND, NO 230, AND DECLARING AN EMERGENCY The Charter rule was suspended by the following vote Ellroy King Aye James L Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye The foregoing ordinance was passed by the following vote Ellroy King James L. Barnard Mrs. Ray Airheart Joseph B Dunn Patrick J. Dunne R. A Humble Gabe Lozano,,Sr. Aye Aye Aye Aye Aye Aye Aye ORDINANCE NO 5522 AMENDING SECTION 21-68 OF THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, BY DELETING THE LAST PORTION THEREOF, PERTAININ G TO U S HIGHWAY NO 181, AND ADDING TO THE SAID SECTION PROVISIONS REGULATING THE SPEED LIMITS ON PORTIONS OF STATE HIGHWAY 9, U S HIGHWAY 181, TAYLOR STREET RAMP, TWIGG STREET RAMP AND OLD U S HIGHWAY NO 181 SOUTHBOUND, PROVIDING A PENALTY FOR VIOLATION THEREOF, AND DECLARING AN EMERGENCY 293 -A The Charter rule was suspended by the following vote I I , Ellroy King Aye James L Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye The foregoing ordinance was passed by the following vote Ellroy King — James L. Barnard Mrs. Ray Airheart Joseph B Dunn Patrick J. Dunne R. A Humble Gabe Lozano, Sr. THIRD READING OF AN ORDINANCE Ay e Aye Aye Aye Aye Aye Ay e ORDINANCE NO 5523 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A LEASE AGREEMENT WITH W C NICHOLSON$ LEASING TO SAID W C NICHOLSON A TRACT OF LAND CONTAINING APPROXIMATELY 35 ACRES, SITUATED IN NUECES COUNTY, TEXAS, LOCATED ON THE 0 N STEVENS FILTRATION PLANT PROPERTY, AT THE INTERSECTION OF HIGHWAY 71 UP RIVER ROAD AND HEARN ROAD, WEST SECTION OF SAID PROPERTY, TO BE USED FOR FARMING AND AGRICULTURAL PURPOSES, FOR A TERM OF TWO (2) YEARS BEGINNING AUGUST 31, 1959, AND ENDING AUGUST 30, 1961, IN ACCORDANCE WITH THE FORM PRESCRIBED BY ORDINANCE NO 4657, PASSED AND APPROVED BY THE CITY COUNCIL ON THE 24TH DAY OF OCTOBER, 1956. The foregoing ordinance was read for the third time and passed by the following vote , i I I i , , Ellroy King Aye _ James L Barnard Aye , Mrs Ray Airheart Aye Joseph B Dunn Aye Patrick J. Dunne Aye R A Humble Aye Gabe Lozano, Sr Aye THIRD READING OF AN ORDINANCE ORDINANCE NO 5524 AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TEXAS, A LEASE AGREEMENT WITH THE CORPUS CHRISTI BANK AND TRUST COMPANY, TRUSTEE, AS LESSEE, CERTAIN LANDS DESCRIBED IN SAID LEASE, BEING SEVEN TRACTS OF LAND OUT OF THE NEW MUNICIPAL AIRPORT PROPERTY, FOR A TERM OF 30 YEARS FROM THE DATE OF EXECUTION OF SUCH LEASE BY THE CITY; SAID LEASE AGREEMENT HAVING BEEN AUTHORIZED BY THE QUALIFIED VOTERS AT AN ELECTION HELD ON THE 29TH DAY OF AUGUST, 1959 The foregoing ordinance was read for the third time and passed by the following vote Ellroy King Aye James L. Barnard Aye Mrs Ray Airheart Aye Joseph B Dunn Aye Patrick J Dunne Aye R A Humble Aye Gabe Lozano, Sr Aye Motion by Joe B Dunn, seconded by Humble and passed that the Franchise of Nueces Transportation J , , I , Company be amended to provide that any deviation from the scheduled routes as referred to in Section 13, of said Franchise, shall be with the approval of the Traffic Engineer and/or Director of Public Works THIRD READING OF AN ORDINANCE - ORDINANCE NO 5525 GRANTING TO NUECES TRANSPORTATION COMPANY, A CORPORATION, A FRANCHISE FOR A PERIOD OF FIVE (5) YEARS, FOR THE PURPOSE OF OPERATING OMNIBUSES OVER THE STREETS AND PUBLIC THOROUGHFARES OF THE CITY OF CORPUS CHRISTI, TEXAS, PROVIDING FOR COMPENSATION AND A FIXED ANNUAL CHARGE IN ACCORDANCE WITH THE CHARTER OF THE CITY, SECURING EFFICIENCY OF SERVICE AND REASONABLE RATES The foregoing ordinance was read for the third time and passed by the following vote Ellroy King Aye James L Barnard Aye Mrs. Ray Airheart Aye Joseph B Dunn Aye Patrick J Dunne Aye R A Humble Aye Gabe Lozano, Sr Aye City Manager Whitney presented a request from the Bridge Dedication Committee that City employees be given time off on the date of the Dedication to attend the ceremonies. The Council concluded that the request should be handled as an administrative matter s 99J J Mayor King next invited anyone in the audience with petitions or information for the Council on matters not included on the agenda to come forward and be heard. No one appeared. There being no further business to come before the Council the meeting was adjourned. PRESENT: Mayor Ellroy King Commissioners: Dr. James L. Barnard Mrs. Ray Airheart Joseph B. Dunn Patrick J. Dunne R. A. Humble Gabe Lozano, Sr. REGULAR COUNCIL MEETING October 21, 1959 2:00 P. M. City Manager Herbert W. Whitney Ass't. City Attorney, J. F. Park City Secretary T. Ray Kring Mayor Ellroy King called the meeting to order. The Invocation was given by the Reverend Sidney R. Smith of the First Congregational Church. City Secretary Kring called the roll of those in attendance. Motion by Pat Dunne, seconded by Barnard and passed, that the Minutes of the Regular Council Meeting of October 14, 1959, be approved. Mayor King announced the opening of bids. Bids were opened and read on Storm Sewer Improvements - Molina Addition and Eleventh Street from the following: Slovak Bros., Inc. T. H. Lee Heldenfels Brothers South Texas Construction Co. Lewis A. Fowler Raymond Dugat Company Motion by Barnard, seconded by Humble and passed, that the foregoing bids be tabled for 48 hours as required by the City Charter, and referred to the City Manager for tabulation and recommendation. Bids were opened and read on 12 items of mowing Equipment from the following: Catto & Putty Goldthwaite's Texas Toro Co. Cravely Tractors, Inc. Motion by Airheart, seconded by Barnard and passed, that the foregoing bids be tabled for 48 hours as re- quired by the City Charter, and referred to the City Manager for tabulation and recommendation. Bids were opened and read on materials for a crossing by Savage Lane Line of the Missouri Pacific Main Line near Mile Post 146, from the following: American Brake Shoe Co. Conley Frog and Switch Co. Pettibone Mulliken Corp. Taylor Wharton Co. Wm. A. Smith Construction Co. Motion by Humble, seconded by Pat Dunne and passed, that the foregoing bids be tabled for 48 hours as re- quired by the City Charter, and referred to the City Manager for tabulation and recommendation. Mayor King announced the Council would next hear recommendations for appointments to Boards and Committees: Motion..by Barnard, seconded by Humble and passed that the following committee be appointed to the City Bay- front Advisory Committee to serve as indicated opposite the name: Mr. Charles W. Holmes - 1 year term; Mr. John P. Mitchell, Jr., 2 year term; Mr. C. G. Glasscock, 1 year term; Mr. Marshall Boykin, III, 2 year term; Mr. Scott S. Skinner, 2 year term; Mr. James M. Goldston, 1 year term; Mr. Joe J. Hall, 1 year term; Mr. Lewis Boggus, Jr., 1 year term; Mr. William H. Hawn - 2 year term - New Member; Mr. Byrd Harris, 2 year term; Mr. 0. C. (Buck) Bailey, 2 year term - New Member; Mr. Joe P. Gibson - 1 year term; 300 Motion by Barnard, seconded by Pat Dunne and passed, that the following committee be re -appointed to the Port Protection Committee to serve during the tenure of the appointing Council District Engineer for the Navigation District Duane Orr, Chief, City Fire Department John Carlisle, Chief of Police Department of the City R T Runyan, Director of the City's Public Works Department Jack Graham, Security Officer, Naval Air Station Comdr George Herider, Coast Guard, Captain of the Port Comdr F Lederle, U S Customs, local officer in charge Rueban Trayhnam, Director of Local Civil Defense Earl Dunn, Central Power & Light Co., Power Plant Chief, Nueces Bay Plant Sheriff's Office John Mitchel, State Highway Patrol, Capt , Herbert Weeks, President, C C Refinery -terminal Fire Company J T.- Dickens, Mayor King announced the Council would next hear the City Manager's Reports E L Orchard, Motion by Barnard, seconded by Lozano and passed, that the City Manager's requests and recommendations be granted and approved, relative to the following a That the City Manager be authorized to advertise for bids to be received November 4, 1959, on an es- timated one year s supply of 1,200 Long Valve Box Extensions and 1,200 Short Valve Box Extensions, b That an appropriation, he authorized in tha amount of $2,495 79, from No. 250 Sanitary Sewer Fund, which represents an increase in the contract in connection with the Westside Sewer Trunk Main, Unit II, Pro- sect 250-53-9 2 in accordance with Change Order No 1, as approved by the Council October 7, 1959, c. That the award of bid for the construction of a wading pool at the H. E Butt Park be made to H & H Concrete Company, low bidder in the amount of $2,900 00, (See Bid Tabulation #52 in File) d That November 19, 1959, at 7 00 P M be set as the date for public hearings on 6 zoning cases, and November 11, 1959, be set for public hearings on 2 Special Council Permits, e. That approval of Change Orders Nos 3, 4, 6, 7, 8, 9 and 10, to the Braselton Construction Company con- tract in connection with the New Municipal Airport, aggregating the sum of $17,079 20, and Mr C E Dudley be retained on a basis of $7 50 per hour for an Inspector and $10 00 per hour for his personal services for super- vision of electrical construction, estimated not to exceed $5,000 00, f That additional Engineering Services by Harrington and Cortelyou in connection with services rendered in revising plans previously approved, for deletion of plan items previously approved and included as part of units bid, for field revision of alignment changes and of right-of-way limits and descriptions, for the lift bridge over Tule Lake Channel and approaches in Port of Corpus Christi, subject to the approval of the Corps { of Engineers, be approved, g That 4 -Way Stop Signs be authorized to be installed at the North Saxet and Bartlett St Intersection, h That inasmuch as the City -County Welfare Board will cease to exist as of November 1, 1959, it is re- commended that the salary of the Executive Director, Mr R A Beers, be continued until November 1, 1959 ORDINANCE NO 5526 DETERMINING THE NECESSITY FOR AND ORDERING THAT THAT PORTION OF BALDWIN BOULEVARD FROM THE WEST BOUNDARY LINE OF PORT AVENUE TO THE SOUTH BOUNDARY LINE OF STATE HIGHWAY NO 44, AGRITO STREET 100 FEET EAST FROM THE NORTH BOUNDARY LINE OF BALDWIN BOULEVARD, MORGAN STREET FROM BALDWIN BOULEVARD TO MOHAWK STREET, CHEYENNE STREET 100 FEET NORTH FROM THE NORTH BOUNDARY LINE OF BALDWIN BOULEVARD AND PUEBLO AVENUE 100 FEET NORTH FROM THE NORTH BOUNDARY LINE OF BALDWIN BOULEVARD BE IMPROVED, AND REQUIRING THE DIRECTOR OF PUBLIC WORKS TO PREPARE AND FILE PLANS AND SPECIFICATIONS FOR THE PROPOSED IMPROVEMENTS, REQUIRING THE CITY SECRETARY TO FILE A NOTICE IN THE OFFICE OF THE COUNTY CLERK OF NUECES COUNTY OF THE ACTION HEREIN, PROVIDING HOW SUCH IMPROVEMENTS SHALL BE PAID AND DECLARING AN EMERGENCY The Charter rule was suspended by the following vote Ellroy King Aye James L Barnard Aye Mrs. Ray Airheart Aye Joseph B Dunn Aye Patrick J. Dunne Aye R A Humble Aye Gabe Lozano, Sr Aye The foregoing ordinance was passed by the following vote Ellroy King Aye James L Barnard Aye Mrs Ray Airheart Aye 301 Joseph B. Dunn Aye Patric$ J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye. ORDINANCE N0. 5527 APPROVING AND ADOPTING THE DIRECTOR OF PUBLIC WORKS WRITTEN STATEMENT AND,REPORT OF THE ESTIMATES OF THE VARIOUS COSTS FOR THE IMPROVEMENT OF BALDWIN BOULEVARD FROM THE WEST BOUNDARY LINE OF PORT AVENUE TO THE SOUTH BOUNDARY LINE OF STATE HIGHWAY NO. 44, AGRITO STREET 100 FEET EAST FROM THE NORTH.BOUNDARY LINE OF BALDWIN BOULEVARD, MORGAN STREET FROM BALDWIN BOULEVARD TO MOHAWK STREET, CHEYENNE STREET 100,FEET NORTH FROM THE NORTH BOUNDARY LINE OF BALDWIN BOULEVARD AND PUEBLO AVENUE 100 FEET NORTH.FROM THE NORTH BOUNDARY LINE OF BALDWIN BOULEVARD, AND THE STATEMENT OF THE NAMES OF THE APPARENT,OWNERS, DESCRIPTIONS AND NUMBER OF FRONT FEET OF ABUTTING PROPERTY OF SAID STREETS WITHIN SAID LIMITS; DETERMINING AND'FIXING.THE PORTION OF.SAID COSTS, AND THE RATE THEREOF, TO BE PAID BY THE ASSESSED AGAINST SAID ABUTTING PROPERTY, AND THE REAL AND TRUE OWNERS THEREOF, AND THE PORTION THEREOF TO BE PAID BY THE CITY OF CORPUS CHRISTI, TEXAS, DETERMINING THE NECESSITY OF LEVYING AN ASSESSMENT AGAINST SAID ABUTTING PROPERTY, AND THE REAL AND TRUE OWNERS THEREOF FOR THE PART OF SAID COST APPORTIONED THEM; ORDERING AND SETTING A HEARING TO BE HELD AT 3:00 O'CLOCK P. M., ON THE 11th DAY OF NOVEMBER, 1959, IN THE COUNCIL CHAMBER OF THE CITY HALL IN CORPUS CHRISTI AS THE TIME AND PLACE FOR HEARING OF THE REAL AND TRUE OWNERS OF SAID ABUTTING PROPERTY, AND ALL OTHERS INTERESTED IN SAID PROPERTY OR IN SAID PROCEEDINGS CONCERNING SAID ASSESSMENTS AND PROCEEDINGS; DIRECTING THE CITY SECRETARY TO GIVE NOTICE OF SAID HEARING AS REQUIRED BY THE LAWS OF THE STATE OF TEXAS AND THE CHARTER OF THE CITY OF CORPUS CHRISTI, TEXAS, AND FURTHER, DIRECTING SAID CITY SECRETARY IN ADDITION TO THE CONTENTS OF THIS NOTICE OF SAID HEARING AS REQUIRED BY LAW, WHICH SHALL BE VALID AND SUFFICIENT IN ITSELF, TO INCLUDE THEREIN A LIST OF THE APPARENT OWNERS AND DESCRIPTION OF SAID ABUTTING PROPERTY AS SET OUT IN SAID REPORT OF THE DIRECTOR OF PUBLIC WORKS AND PROVIDING THAT SAID LIST OF APPARENT OWNERS.SHALL.NOT.BE CONCLUSIVE OF SAID OWNERSHIP AND SHALL NOT LIMIT SAID NOTICE TO SUCH OWNERS NAMED OR THE PROPERTIES DESCRIBED, AND THE SAID NOTICE SHALL NEVERTHELESS BE DIRECTED TO THE REAL AND TRUE OWNERS OF SAID ABUTTING PROPERTY, WHETHER NAMED OR CORRECTLY NAMED OR NOT; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye The foregoing ordinance was passed by the following vote: Ellroy.King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye ORDINANCE NO. 5528 AMENDING ORDINANCE NO. 5305 PASSED AND APPROVED BY THE CITY COUNCIL ON THE 1ST DAY OF APRIL, 1959, BY AMENDING SECTION 3 OF SAID ORDINANCE, CORRECTING THE NAMES OF THE OWNERS AND CORRECTING AND ADJUSTING THE ASSESSMENTS LEVIED AGAINST ABUTTING PROPERTY. OWNERS ON ALAMEDA STREET FROM THE SOUTHEAST BOUNDARY OF DODDRIDGE STREET TO THE NORTHERLY BOUNDARY OF OSO GOLF.;COURSE, AVALON STREET FROM THE SOUTHEAST BOUNDARY LINE OF EVERHART ROAD TO THE SOUTHWEST BOUNDARY LINE OF ALAMEDA STREET, EVERHART ROAD FROM ALAMEDA STREET TO AVALON STREET, ROBERT DRIVE FROM THIRTY FEET SOUTH OF THE SOUTH BOUNDARY LINE OF AVALON STREET TO FORTY FEET NORTHEAST OF THE NORTH- EAST BOUNDARY LINE OF ALAMEDA STREET AND AIRLINE ROAD FROM ONE HUNDRED TWENTY FEET NORTH OF THE CENTERLINE OF ALAMEDA STREET TO ONE HUNDRED TWENTY FEET SOUTH OF THE CENTERLINE.OF ALAMEDA STREET; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble ; Aye Gabe Lozano, Sr. Aye The foregoing ordinance was passed by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye ORDINANCE NO. 5529 APPROPRIATING THE SUM OF $2,495.79 OUT OF NO. 250 SANITARY SEWER BOND FUND REQUIRED FOR CHANGE ORDER NO. 1 PROVIDING FOR CONCRETE EMBEDMENT OF PIPE, WESTSIDE SEWER TRUNK MAIN, UNIT II, PROJECT NO. 250-53-9.2, AS APPROVED BY THE CITY COUNCIL; AND DECLARING AN EMERGENCY. The Charter rule was suspended; -by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye r 302 Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye. ORDINANCE NO. 5530 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. 2266 PASSED AND APPROVED ON THE 4TH DAY OF MAY, 1948, APPEARING OF RECORD IN VOLUME 16, PAGES 339 ET SEQ OF THE ORDINANCE AND RESOLUTION RECORDS, AND AS AMENDED BY ORDINANCE NO. 4846 ADOPTED ON THE 21ST DAY OF AUGUST, 1957s APPEARING OF RECORD IN VOLUME 26, PAGES 385 ET SEQ OF THE ORDI- NANCE AND RESOLUTION RECORDS, BY AMENDING THE ZONING MAP BY CHANGING THE ZONING OF BLOCKS 21 AND 22, SCHANNEN ESTATES UNIT 2, FROM "R-1" ONE FAMILY DWELLING DISTRICT TO "B-3" SECONDARY 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 by-.the..following vote: Ellroy King - Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye The foregoing ordinance was passed by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A.. Humble Aye Gabe Lozano, Sr. Aye ORDINANCE NO. 5531 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TEXAS, TO EXECUTE A CONTRACT WITH REPUBLIC NATURAL GAS COMPANY REQUIRING THE ADJUSTMENT AND ENCASING PORTIONS OF THREE EXISTING PIPE- LINES AND ADJUSTMENT AND PROTECTING OF CERTAIN SEPARATION FACILITIES NECESSARY FOR THE CONSTRUCTION OF THE SAVAGE LANE RAILROAD TRACK, FOR THE TOTAL SUM OF $4,981.35, COPY OF WHICH CONTRACT IS -ATTACHED HERETO AND MADE A PART HEREOF; APPROPRIATING THE SUM OF $4,981.35 FROM THE BRIDGE REMOVAL AND RELOCATION BOND FUND, NO. 230; AND DE- CLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye The foregoing ordinance was passed by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye ORDINANCE NO. 5532 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF -CORPUS CHRISTI, TEXAS, TO EXECUTE A CONTRACT WITH THE REPUBLIC PIPE LINE COMPANY REQUIRING THE ADJUSTMENT AND ENCASING OF APPROXIMATELY 340 FEET OF AN EXISTING PIPELINE NECESSARY FOR THE CONSTRUCTION OF THE SAVAGE LANE RAILROAD TRACK, FOR THE TOTAL SUM OF $12,067.00, COPY OF WHICH CONTRACT IS ATTACHED HERETO AND MADE A PART HEREOF; APPROPRIATING THE SUM OF $12,067.00 FROM THE BRIDGE REMOVAL AND RELOCATION BOND FUND, NO. 230; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye The foregoing ordinance was passed by the following vote: Ellroy King Aye James L. Barnard Aye Mrs. Ray Airheart Aye Joseph B. Dunn Aye Patrick J. Dunne Aye R. A. Humble Aye Gabe Lozano, Sr. Aye