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HomeMy WebLinkAboutMinutes City Council - 12/28/1960PRESENT: 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 December 28, 1960 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 Paul M. Fitch, Pastor of the Free Methodist 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 December 21, 1960, be approved. Mayor King announced the Council would hold the public hearing on the application of Sam Allen and others, for a change of zoning on Lot 21 and the northeast half of Lot 22, Block 2, Mahan Acres Addition, from "R-1" One Family Dwelling District to "B-1" Neighborhood Business District, and read the recom- mendation of the Zoning & Planning Commission for approval for "B-1" Business Zoning, but restricted to the "AB" Professional Office District as recommended in the proposed Zoning Ordinance, and stated that since the proposed Zoning Ordinance has not yet come before the Council, any rezoning granted in accordance with the Zoning & Planning Commission's recommendation, would have to be granted with deed restrictions. William A. Anderson, Director of Zoning & Planning, located the prop- erty as being 157 feet north of McArdle Road and facing 150 feet on Kostoryz and pointed out the existing uses of surrounding area on a land use map, and stated that the applicants propose to construct a building on the half of Lot 22. No one appeared in opposition to the application. Sam Allen, one of the applicants, stated that Southern Health & Life Insurance Company proposes to start immediate construction of a modern office building of approximately 2,000 square feet; presented pictures and plans of the type of building this company proposes to build and now has in several southern cities; and stated that building is for use of agents only and will have off-street parking only in the rear, and requested that the zoning be granted on the basis • Regular Council Meeting December 28, 1960 - Page #2 that it is the highest and best use for the property; will create no pedestrian or vehicular traffic problem; is a logical extension of the present zoning since the property is no longer economically useable for residential purposes, and stated further that he was willing to deed restrict the property limiting it to use for a professional office building use. Motion by Humble, seconded by Barnard and passed that the hearing be closed, and the application be granted for a change of zoning from "R-1" One Family Dwelling District to "B-1" Neighborhood Business District, subject to the filing of a deed restriction limiting the property to use of a professional office build- ing. Mayor King announced the Council would hear the City Manager's Reports. Motion by Airheart, seconded by Pat Dunne and passed that the recommenda- tions and requests of the City Manager be approved and granted as follows; a. That acceptance and payment of final Estimate #1 in the amount of $11,618.18 to Pavement Planing Company for Leopard Street Pavement Planing, be authorized; b. That payment of Estimate #2 in the amount of $1,991.86 to T. & N. 0. Railroad for cost of 96 poles required in Relocation of Communication Facilities in connection with the New Joint Railroad Yard, be authorized, and that funds in this amount be appropriated; c. That acceptance and payment of final Estimate #1 in the amount of $5,175.50 to H & H Concrete Construction Company for construction of South Beach Extension of Furman Street Storm Sewer be authorized; d. That acceptance and payment of final Estimate #14 in the amount of $62,431.52 to Heldenfels Brothers for construction of Unit III, Westside Trunk Sewer Systems be authorized, and that 69 days extension of contract time be ap- proved due to unfavorable weather conditions, so as not to assess any liquidated damages for time lost; e. That the plans and specifications for construction of Sanitary Sewer Laterals in Ebony Acres, Section 2, Unit V, Westside Sewer System, be approved, and authority to advertise for bids to be received on January 11, 1961, be granted; f. That, based on the report from Butler, Miller and Lents, the City's gas consultants, all bids submitted on a 20 -year basis for the City's Natural Gas • Regular Council Meeting December 28, 1960 Page #3 Supply be rejected, and that the bid of Houston Natural Gas Corporation on a 5 -year basis be accepted, and a contract authorized; g. That authority to advertise for bids to be received on January 11, 1961, on an estimated 12 -months° supply of Portland Cement be granted; h. That authority to advertise far bids to be received on January 11, 1961, on Mowing Equipment for the Park Department and Golf Course, be granted; i. That the award of bid on 1 Street Striping Machine be made on the basis of the low bid to Catto & Putty Company for 81,779.51; (See Rid Tabulation. #87 in File.);; j. That the award of bid on 5 items of Irrigation Equipment be made on the basis of the low bid to Catto & Putty Company for a total of $3,654.51; (See Bid Tabulation #88 in File.) k. That the award of bid on a 12 -months° supply of Black and Galvanized Malleable Fittings be made on the basis of the low bid to Norvell-Wilder Supply Company for a total of approximately $7,500; (See Bid Tabulation #89 in File); 1. That Hyman E. Finger be granted an extension of construction start- ing time in connection with his rezoned property on the southeast corner of Everhart & South Staples, from February 1, 1961, to May 1, 1961, due to the illness of his son who was coordinating this work; m. That a 2 -day leave of absence, Thursday and Friday, December 29 and 30, be granted the City Manager, and that Marvin Townsend be appointed Acting City Manager during his absence. ORDINANCE NO. 6019 RECEIVING AND ACCEPTING THE WORK, CONSISTING OF LEOPARD STREET PAVEMENT PLANING PERFORMED BY PAVEMENT PLANING COMPANY, CONTRACTORS, UNDER THEIR CONTRACT WITH THE CITY DATED OCTOBER 12, 1960, AUTHORIZING THE PAYMENT OF FINAL ESTIMATE NO. 1, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, DATED DECEMBER 21, 1960, IN THE AMOUNT OF $11,618.18 FROM FUNDS PROVIDED FOR THIS PURPOSE IN THE CURRENT STREET MAINTENANCE BUDGET ACTIVITY 4911, CODE 502; AND DECLARING AN EMERGENM The Charter Rule was suspended by the following votes All members pres- ent and voting "Aye". The foregoing ordinance was passed by the following vote All members present and voting "Aye1°. Regular Council Meeting December 28, 1960 Page #4 ORDINANCE NO. 6020 • SETTING UP, CREATING AND PROVIDING THE CITY OF CORPUS CHRISTI, TEXAS, INTO THIRTY- SEVEN (37) WARDS; DESCRIBING SAID WARDS; REPEALING ALL 0:,:!INANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: All members pres- ent and voting "Aye". The foregoing ordinance was passed by the following vote; All members present and voting "Aye". ORDINANCE N0. 6021 DIVIDING THE CITY OF CORPUS CHRISTI, TEXAS, INTO THIRTY-SEVEN (37) 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), FOUR (4), FIVE (5), SIX (6), SEVEN (7), EIGHT (8), NINE' (9)0 TEN (10), ELEVEN (11), TWELVE (12), THIRTEEN (13), FOURTEEN (14), FIFTEEN (15), SIXTEEN (16), SEVEN- TEEN (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 (29), THIRTY (30), THIRTY-ONE (31), THIRTY-TWO (32), THIRTY-THREE (33), THIRTY-FOUR (34), THIRTY-FIVE (35), THIRTY-SIX (36) AND THIRTY-SEVEN (37); REPEALING ALL ORDINANCES OR PARTS OF ORDIN- ANCES IN CONFLICT RE WITH; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote; All members pres- ent and voting "Aye". The foregoing ordinance was passed by the following vote: All members present and voting "Aye". ORDINANCE NO, 6022 APP,;IPRIATING FROM NO. 230 BRIDGE BOND FUND THE SUM OF $1,991.86 :;,:P.;::.SENT1NG MATERIALS FURNISHED BY T & N. O. RAILROAD PER ESTIMATE NO. 2, DATED DECEMBER 21, 1960, T & N. O. INVOICE NO -1185146 APPLICABLE TO RELOCATION OF COMMUNICATION FACILITIES, PROJECT NO. 230-55-8,8-2; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote All members pres- ent and voting "Aye". The foregoing ordinance was passed by the following vote: All members present and voting "Aye". ORDINANCE NO. 6023 iRECEIVI!0 AND ACCEPTING THE CONSTRUCTION OP THE SOUTH BEACH EXTENSION OF THE FUR - MAN STREET STORM SEWER, PERFORMED BY H & H CONCRETE CONSTRUCTION COMPANY, CON- TRACTORS, UNDER THEIR CONTRACT WITH THE CITY DATED NOVEMBER 2, 1960, AUTHORIZING THE PAYMENT OF FINAL ESTIMATE NO. 1, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, DATED DECEMBER 20, 1960, IN THE AMOUNT OF $5,175.50 FROM NO. 258 SEA: WALL AND BREAKWATER AND NO. 295 STORM SEWER BOND FUNDS PREVIOUSLY APPROPRIAT- ED FOR THIS PROJECT, DESIGNATED AS 295-53-28; AND DECLARING AN EMERGENCY Regular Council Meeting December 28, 1960 Page #5 • The Charter Rule was suspended by the following vote: All members pres- ent and voting "Aye". The foregoing ordinance was passed by the following vote: All members present and voting "Aye". ORDINANCE N0. 6024 RECEIVING AND ACCEPTING THE CONSTRUCTION OF UNIT III OF THE WESTSIDE TRUNK SEWER SYETEM, PROJECT NO. 250-54-9.3, PERFORMED BY HELDENFELS BROTHERS, CONTRACTORS, UNDER THEIR CONTRACT WITH THE CITY DATED AUGUST 11, 1959, AUTHORIZING THE PAYMENT OF FINAL ESTIMATE N0. 14, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, DATED DECEMBER 19, 1960, IN THE AMOUNT OF $62,431.52 FROM NO. 250 SANITARY SEWER BOND FUNDS PREVIOUSLY APPROPRIATED; GRANTING AN EXTENSION OF CONTRACT TIME IN THE AMOUNT OF 69 DAYS FOR PROJECT COMPLETION, THEREBY WAIVING ANY LIQUIDATED DAMAGES; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: All members pres- ent and voting "Aye". The foregoing ordinance was passed by the following vote: All members present and voting "Aye". ORDINANCE NO. 6025 AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI ADOPTED ON TEE 27TH DAY OF AUGUST, 1937, APPEARING OF RECORD IN VOLUME 9, PAGES 565 ET SEQ OF THE vnINANCE 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 .::..SOLUTION 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 :t':CORDS, BY AMENDING THE ZONING, MAP BY. CHANGING THE ZONING OF BLOCK A, WILKEY ADDITION, FILED FOR RECORD IN VOL. 23, PAGE 73, OF THE MAP RECORDS OF NUECES COUNTY, TEXAS, ON DECEMBER 23, 1960, FROM "R-1" ONE FAMILY DWELLING DISTRICT TO "B=100 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: All members pres- ent and voting "Aye". The foregoing ordinance was passed by the following vote: All members present and voting "Aye". Oscar Wyatt, Jr., President of Coastal States Gas Producing Company read a letter signed by him, dated December 28, 1960, addressed to the City Manager, Mayor and Members of the City Council, requesting that the report of Butler, Miller & Lents, the City's Gas Consultants, not be accepted and that the Ccuncil refrain from taking any action to reject the 20 -year bids on the City's Natural Gas Supply until his company has been given a public hearing with an opportunity to present • Regular Council Meeting December 28, 1960 Page #6 evidence and cross-examine the donsultants in order that the conclusions cf the gas consultants can be changed in line with the facts set forth in his company's letter to the gas consultants, which letter he also read to the Council. Mayor King stated that his only comment was that the City had taken bids on its Natural Gas Supply, had employed a well-known Houston attorney experienced in oil and gas law, and the firm of Butler, Miller & Lents, Oil & Gas Consultants, considered to be quite competent and impartial, and that the Council was following advice and recommendations contained in the report given the Council. Bayne Jones questioned the fact that when the Gas Supply contract, nego- tiated with Houston Natural Gas Corp., was voted against by the voters, it was con- sidered in the best interest of the public to take bids on a 20 -year contract, and now the Council is saying that it is in the best interest of the public to make a 5 -year contract. Mayor King read the portion of the report of the gas consultants in which they recommended and advised the action being referred to. Paul Roberts, representing the Iron Workers Local Union, stated that he was getting off the subject, but that he wanted to say that Oscar Wyatt should not be hindered in his construction plans. Mayor King stated that the ordinance would be read three times, that it could be amended before any of the readings, and that anyone had the right and would be heard before each reading. He directed that the City Manager contact both the attorney, Mr. Francis, and the firm of Butler, Miller & Lents, the City's con- sultants in the gas supply matter, and invite representatives to be present at the next regular meeting of the Council, FIRST READING OF AN ORDINANCE REJECTING ALL BIDS AND PROPOSED CONTRACTS FOR A GAS SUPPLY FOR A TERM OF TWENTY (20) YEARS; ACCEPTING A CONTRACT BID BY HOUSTON NATURAL GAS CORPORATION TO SUPPLY THE NATURAL GAS REQUIREMENTS OF THE CITY OF CORPUS CHRISTI, TEXAS, AND ITS GAS DISTRIBUTION SYSTEM FOR A TERM OF FIVE (5) YEARS; AND AUTHORIZING AND DIRECTING THE CITY MANAGER AND THE DIRECTOR OF FINANCE TO EXECUTE SUCH CONTRACT FOR AND ON BEHALF OF THE CITY WITH HOUSTON NATURAL GAS CORPORATION FOR A TERM OF FIVE (5) YEARS, A COPY OF WHICH CONTRACT IS ATTACHED TO THIS ORDINANCE AND MADE A PART HEREOF. The foregoing ordinance was read for the first time and passed to its second reading by the following vote° All members present and voting "Aye" • Regular Council Meeting December 28, 1960 Page #7 No one appeared in answer to the Mayor's invitation to anyone in the audience with petitions or information for the Council to come forward and be heard. Mayor King acknowledged the presence of five Boy Scouts, and of two young ladies who had also been present at last week's meeting, and welcomed them to the meeting. There being no further business to come before the Council, the meeting was adjourned.