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HomeMy WebLinkAboutMinutes City Council - 02/01/1961PRESENT; Mayor Ellroy King Commissioners: Dr. James L. Barnard Mrs. Ray Airheart Joseph B. Dunn Patrick J. Dunne R. A. Humble Cabe Lozano, Sr. REGULAR COUNCIL MEETING February 1, 1961 2300 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 C. I. Kelly, of Central Park Presbyter- ian Church. City Secretary T. Ray Kring called the roll of those in attendance. Motion by Humble, seconded by Pat Dunne and passed that the minutes of the regular meeting of January 25, 1961, be approved. Mayor King announced the public hearing on the Appeal of Mrs. F. G. Rednick from a Decision of the Building Standards Commission, which had been recessed from 8/17/60 to 10/12 to 12/14 to 1/11/61 to 2/1/61. Asaietand City Attorney Wayland Pilcher advised the Council that he had been in contact with Mrs. Rednick'a lawyer, and that she no longer wishes to prosecute the Decision and acknowledges that the building is substandard and should be demolished, but requests 120 days time to demolish the building instead of the usual 60 days. Mr. Pilcher recommended that the Council close the hearing, and grant the request for a time extension. Motion by Humble, seconded by Lozano and passed that the hearing be closed, that the building be found to be more than 50% deteriorated, and that it be ordered demolished within 120 days. Mayor King called for a motion on the pending item of the application of Frank C. Evans, et al, for a change of zoning from "R-1" Single Family Dwelling Dis- trict and "8-1" Neighborhood Business District to "B-3" Secondary Business District, on Tract 2, 4618 Lexington Boulevard; and Tract 3, 4718 Lexington Boulevard. Motion by Airheart, seconded by Humble and passed that action on this item be deferred until next week's regular meeting, February 8, 1961. Motion by Barnard, seconded by Humble and passed, with Commissioner Joe Dunn voting "Nay" on the M. E. Allison Company contract only (see Item p. of Reports), that the City Manager's recommendations and requests be approved and granted, as follows; • Regular Council Meeting February 1, 1961 Page #2 a. That the award of contract for construction of Collier Park Swim- ming Pool be made on the basis of the low bid to Braselton Construction Company in the amount of the base bid, less Alternate No. 4, for the sum of $67,300.00; that simultaneously, the bids received on Swimming Pool Equipment be rejected on the basis of there being no saving to the City, and that $70,417.00 be appro- priated to cover cost of construction contract, legal advertising, laboratory soil tests and borings, architectural fees and extra sets of plans and specifi- cations, of which amount $65,000.00 constitutes the amount of the H. E. Butt Foundation loans b. That the award of contract for construction of Improvements on Chandler Lane, from Santa Fe to Denver, be made on the basis of the low bid to Lewis A. Fowler in the amount of $13,704.30, and that $13,725.00 be appropriated to cover the cost of the construction contract and legal advertising; c. That the award of contract for construction of Street Improvements at the Intersection of Clifford Street and South Staples be made on the basis of the low bid to H & H Construction Company in the amount of $2,628.80, and that $3,505.00 be appropriated to cover the cost of the construction contract, includ- ing driveways, street construction by City Forces, and legal advertising, of which amount of $478.80 is to be reimbursed by Biel Grocery Company as cost of driveway; d. That the award of contract for the Relocation of Sanitary Sewer Lines in connection with the proposed constructinn of Unit No. 1, of Interstate Highway 37, be made on the basis of the low bid to Lewis A. Fowler in the amount of $86,126.95, subject to approval by the State Highway Department, and that $100,750.00 be appropriated to cover the cost of the construction contract, en- gineering and overhead by City Forces, and legal advertising, of which amount, under our agreement with the State Highway Department, 100% of the foregoing costs will be reimbursed by the State, except for betterments to the system in the amount of $159.28; e. That $5,500.00 be appropriated for estimated additional funds needed in connection with the Westside Sewer Trunk Main, Unit IV in the sum of $2,500.00, and Sooty Street Improvement in tMe sum of $3,000.00; Regular Council Meeting February 1, 1961 Page #3 f. That 6118,000.00 be appropriated for work to be done on a Force Account basis by T 6 N. 0. Railroad in the sum of $57,450.00, by Missouri Pacific Railroad in the sum of $43,752.36, Teat -Mex Railroad in the sum of $13,796.40, and possible overruns in the eum of $3,001.24; g. That $199606.51 be appropriated for estimated additional funds needed for legal advertising and expert testimony in connection with Weber Road Improvements in the sum of $106.51, and for Certificates of Homestead Assessments in connection with Agnes -Laredo Street Improvements in the sum $3,000.00, Ramsey Street, Rrawner to Horne, Improvements in the sum of $2,500.00, and Morgan Street Improvements in the sum of $14,000.00; h. That the City Managar be authorized to accept and approve, for and on behalf of the City of Corpus Christi, the proposed assignment from Roger L. Gault to Gulf Oil Corporation as security for loan, concerning an area at Corpus Christi International Airport acquired by Lease Agreement dated July 14, 1960, and amend= mentAssignment dated January 2.5, 1961; i. That a special Council permit be approved for The Driscoll Founda- tion to construct 4 footings under the sidewalk area along the Carancahua Street side designed to support the proposed addition to the Robert Driscoll Hotel build- ing; j. That an assignment to Mr. H. L. Jackson of the franchise agreement with Clarence Melugin on Plantation Pier at the intersection of Avenue A and Fogg Street, be approved; k. That the bids received on 33 items of Tires and Tubes be rejected on the basis that no bidder bid on all items and the bid invitations specified award on an "all or none1° basis, and that the specifications be rewritten for advertisement at a later date; (See Rid Tabulation #7 in File); 1. That the award of bid on 16,000 lbs. of No. 1 Colored Wiping Rags be made on the basis of the low bid to Phoenix Supply Company at $17.50 per cwt.; (See Bid Tabulation #8 in File); a;. That the daze of Monday, Yebruary 20, 1961, at 7:30 p.m., be set for public tearing on 6 zoning applications; Regular Council Meeting February 1, 1961 Page #4 n. That the date of Friday, February 17, 1961, at 7:00 p.m., be set for public hearing on the proposed Zoning Ordinance; o. That the date of February 15, 1961, during the regular meeting, be set for public hearing on the zoning application of W. L. Bates; p. That the contract with M. E. Allison Company as Fiscal Agent for the City be extended for 1 year so as to insure a continuity of fiscal policy. Com- missioner Joe Dunn voted "Nay" on this item, stating that in his mind there was no criticism of Mr. Allison but that in effect, he was making a statutory outcry; q. That a proposed agreement with Putt Hill to lease a tract of land at the International Airport for construction of a hangar be deferred until a formal report is received from the Airport Advisory Board, since it is not a new lease, but an assignment and could therefore be acted upon within the moratorium period; r. That a proposed contract between the City and the County in connec- tion with fire protection outside the City Limits be deferred until the Commissioners' Court and the City can come to a satisfactory agreement as to the area to be covered and the fee to be charged, and that the present policy be continued in the mean- time of such calls being answered at the discretion of the Fire Chief and the City Manager. ORDINANCE NO. 6058 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A CONTRACT WITH BRASELTON CONSTRUCTION COMPANY, CONTRACTORS FOR CONSTRUCTION OF THE COLLIER PARK SWIMMING POOL: CANCELLING NO. 111 TRUST FUNDS APPROPRIATED BY ORDINANCE NO. 5983 IN THE AMOUNT OF $2,725.50 AND APPROPRIATING AND REAPPROPRIATING THE SUM OF $70,417.00 FROM TRUST FUND NO. 111 OF WHICH $5,012.00 IS FROM ACCOUNT 1752, $65,000.00 IS TO BE PROVIDED AS AN ADVANCE FROM THE H. E. BUTT FOUNDATION ACCORDING TO CONTRACT NO. 2058 EXECUTED OCTOBER 10, 1960, AND $405.00 IS TO BE TRANSFERRED TO TRUST FUND NO. 111 FROM CODE 502, PARK. & RECREATION FACILITIES, ACTIVITY NO. 4811, GENERAL FUND 102, OF WHICH AMOUNTS $67,300.00 IS FOR THE CONSTRUCTION CONTRACT; $21.00 IS FOR LEGAL ADVERTISING FOR BlDSp $137.50 IS FOR LABORATORY TESTING; $2,659.50 IS FOR ARCHITECTURAL FEES; $299.00 IS FOR 15 EXTRA SETS OF PLANS AND SPECIFICATIONS; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: All Council members present and voting "Aye". The foregoing ordinance was passed by the following vote: All Counnil members present and voting "Aye". Regular Council Meeting February 1, 1961 Page #5 ORDINANCE NO. 6059 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OR CORPUS CHRISTI, TO EXECUTE A CONTRACT WITH LEWIS A. FOWLER, CONTRACTOR, FOR THE CONSTRUC- TION OF CHANDLER LANE IMPROVEMENTS; APPROPRIATING AND REAPPROPRIATING FROM NO.108 STREET FUND THE SUM OF $13,725.00 OF WHICH AMOUNT $13,704.30 IS FOR THE CONSTRJC- TION CONTRACT (INCLUDING $4;731.72, REPRESENTING THE AMOUNT OF FROFERTY OWNER PARTICIPATION); $20.70 IS FOR LEGAL ADVERTISING FOR BIDS; AND DECLA11TNG AN EMERGENCY. The Charter rule was suspended by the following vote: A11 Council members present and voting "Aye". The foregoing ordinance was passed by the following vote: A11 Council members present and voting "Aye". ORDINANCE NO. 6060 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITE' OF CORPUS CHRISTI, TO EXECUTE A CONTRACT WITH H S. H CONSTRUCTION COMPANY FOR THE CONS`"'RUC- TION OF STREET IMPROVEMENTS, INTERSECTION OF CLIFFORD AND SOUTH STAPLES STREET; APPROPRIATING AND REAPPROPRIATING OUT OF STREET FUND NO. 108 STREET MAINTENANCE AND CONSTRUCTION ACTIVITY 4911, CODE 502 FUNDS, THE SUM OF $3„505.00, OF WHICH AMOUNT $2,628.80 IS FOR THE CONSTRUCTION CONTRACT OF WHICH $478.80 WILL BE RE- IMBURSED BY BIEL GROCERY COMPANY FOR DRIVEWAY CONSTRUCTION; $21.20 IS FOR LSE ZAL ADVERTISING FOR BIDS; $855.00 IS FOR CONSTRUCTION BY CITY FORCES; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: All Courni1 members present and voting "Aye". The foregoing ordinance was passed by the following vo`ee All Council members present and voting "Aye". ORDINANCE NO. 6061 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A CONTRACT WITH LEWIS A. FOWLER, CONTRACTOR, SU3JECT TO APPROVAL OF THE STATE HIGHWAY DEPARTMENT, FOR CONSTRUCTION CONSISTING OF RELOCATION OF SANITARY SEWER LINES, UNIT 1, INTERSTATE HIGHWAY #37, PROJECT NO. 250-14; APPRO- PRIATING AND REAPPROPRIATING OUT OF SEWER FUND NO. 109 THE SUM OF S100,750,00 OF WHICH AMOUNT $86,126.95 IS FOR THE CONSTRUCTION CONTRACT; $14,600.14 IS FOR ENGINEERING AND OVERHEAD COSTS BY CITY FORCES; $22.91 IS FOR LEGAL ADVERTISING FOR BIDS, ALL SUCH COSTS HEREIN TO BE REIMBURSED FROM THE STATE HIGHWAY DEPART- MENT ON A MONTHLY BASIS IN ACCORDANCE WITH AGREEMENT PER ORDINANCE NO. 5992. EXCEPTING $159.28, REPRESENTING BETTERMENTS TO THE CITY'S SANITARY SEWER S7STs ; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: All Council members present and voting "Aye". The foregoing ordinance was passed by the following vote: A1.1. members present and voting "Aye". • Regular Council Meeting February 1, 1961 Page #6 ORDINANCE N0. 6062 APPROPRIATING OUT OF NO. 220 STREET BOND IMPROVEMENT FUND THE SUM OF $150,000.00 FOR THE ACQUISITION OF CERTAIN PARCELS OF PROPERTY FOR RIGHT OF WAY REQUIRED BY THE STATE OF TEXAS AND APPLICABLE TO PROJECT NO. 220-56-24, CROSSTOWN EXPRESSWAY, HIGH- WAY 286 RELOCATED, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE REAL ESTATE SALES CONTRACTS FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, FOR THE ACQUISITION OF SAID PARCELS, WHEN AND ONLY WHEN THE PURCHASE PRICE IS WITHIN THE "APPROVED VALUE" AS DETERMINED BY THE STATE; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: All Council members present and voting "Aye". The foregoing ordinance was passed by the following vote; A11 Council members present and voting "Aye". ORDINANCE NO. 6063 APPROPRIATING OUT OF NO. 220 STREET BOND IMPROVEMENT FUND THE SUM OF $184,962.00 FOR THE ACQUISITION OF 21 PARCELS OF PROPERTY FOR RIGHT OF WAY REQUIRED BY THE STATE OF TEXAS AND APPLICABLE TO PROJECT NO. 220-56-24, CROSSTOWN EXPRESSWAY, HIGHWAY 286 RELOCATED, A COPY OF WHICH PARCEL LIST IS ATTACHED HERETO AND MADE A PART HEREOF; AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE REAL ESTATE SALES CONTRACTS FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, FOR THE ACQUISITION OF SAID PARCELS, WHEN AND ONLY WHEN THE PURCHASE PRICE IS WITHIN THE "APPROVED VALUE" AS DETERMINED BY THE STATE; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: All Council members present and voting "Aye". The foregoing ordinance was passed by the following vote: All Council members present and voting "Aye", ORDINANCE N0. 6064 APPROPRIATING OUT OF NOS. 250 AND 220 BOND IMPROVEMENT AND CONSTRUCTION FUNDS THE SUM OF $5,500.00, REPRESENTING ADDITIONAL CONSTRUCTION COSTS, OF WHICH AMOUNT $2500.00 IS FOR QUANTITY VARIATIONS OR ADDITIONS, APPLICABLE TO WESTSIDE SEWER TRUNK MAIN, UNIT IV, PROJECT NO. 250-54-9.4; $3,000.00 IS APPLICABLE TO BOOTY STREET LM- PROVEMENTS, PROJECT N0. 220-53-37 AND REPRESENTS ADDITIONAL CONSTRUCTION COSTS TO BE BORNE BY THE CITY DUE TO THE REDUCTION IN PROPERTY OWNER ASSESSMENTS AND QUANTITY VARIATIONS IN OR ADDITIONS TO, CONSTRUCTION ITEMS; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: All Council members present and voting "Aye". The foregoing ordinance was passed by the following vote: Ali Couns.i'l members present and voting "Aye". ORDINANCE N0, 6065 APPROPRIATING OUT OF N0. 230 BRIDGE REMOVAL BOND FUND THE SUM OF $118,000.00 RE- PRESENTING ESTIMATED REQUIREMENTS FOR COMPLETION OF RAILROAD FORCE ACCOUNT CONSTRIC- TION APPLICABLE TO PROJECT NO. 230-55-8 AND RELATED SUB -ITEMS, OF WHICH AMOUNT $57,450.00 IS TO BE ALLOCATED TO TEXAS AND NEW ORLEANS RAILROAD FOB -PROJECTS; $43,752.36 IS TO BE ALLOCATED TO MISSOURI PACIFIC RAILROAD SUE -PROJECTS; $13,796.40 IS TO BE ALLOCATED TO TEXAS MEXICAN RAILROAD SUB -PROJECTS; $3,001.24 IS UNALLOCATED AND PROVIDES FOR QUANTITY VARIATIONS OR OVERRUNS, APPLICABLE TO ALL ITEMS, PROJECT 230-55-8; AND DECLARING AN EMERGENCY. Regular Council Meeting February 1, 1961 Page #7 The Charter rule was suspended by the following vote: All Council members present and voting "Aye". The foregoing ordinance was passed by the following vote: All Council members present and voting "Aye". ORDINANCE NO. 6066 APPROPRIATING OUT OF STREET BOND IMPROVEMENT FUND NO. 220 THE SUM OF $32,100.00, OF WHICH AMOUNT $31,375.00 IS FOR ACQUISITION OF PROPERTY HEREINAFTER MORE FULLY DES- CRIBED; $450.00 IS FOR CITY, COUNTY, SCHOOL AND WATER DISTRICT 1961 TAXES; $275.00 IS FOR TITLE EXPENSE, ALL APPLICABLE TO PROJECT 220-53-22.6, REALIGNMENT OF THIRD STREET TO CARANCAHUA AT HANCOCK; AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF AGREEMENT, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, FOR THE ACQUISITION FROM TEXACO, INC., OF A PORTION OF LOTS 12, 13, 14, 15 AND 16, BLOCK 2, BAY TERRACE ADDITION TO THE CITY OF CORPUS CHRISTI, ALL AS MORE FULLY DESCRIBED IN SAID MEMORANDUM OF 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: All Council members present and voting "Aye". The foregoing ordinance was passed by the following vote: All Council members present and voting "Aye". ORDINANCE NO. 6067 APPROPRIATING AND REAPPROPRIATING FROM THE GAS FUND NO. 106 THE SUM OF $8,558.87, OF WHICH $8,196.42 IS FOR THE PAYMENT OF SERVICES RENDERED BY BUTLER, MILLER AND LENTS, OIL AND GAS CONSULTANTS, REGARDING THE WRITING OF SPECIFICATIONS AND THE REVIEW OF BIDS RECEIVED FOR A GAS SUPPLY CONTRACT AND $362.45 IS FOR PAYMENT TO CHARLES I. FRANCIS FOR SERVICES RENDERED IN CONNECTION WITH SECURING A NATURAL GAS SUPPLY THROUGH COMPETITIVE BIDDING; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: All Council members present and voting "Aye". The foregoing ordinance was passed by the following vote: All Council members present and voting "Aye". ORDINANCE NO. 6068 AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, AN AGREEMENT WITH THE STATE OF TEXAS, REGARDING ORIGIN AND DES- TINATION SURVEY, THE TERMS AND CONDITIONS BEING MORE FULLY DESCRIBED IN SAID AGREE- MENT, A COPY OF WHICH .IS ATTACHED HERETO AND MADE A PART HEREOF; APPROPRIATING AND REAPPROPRIATING THE SUM OF $41,250.00 FROM THE STREET BOND FUND NO. 108, ACTIVITY 4812, STREETS AND SIDEWALKS --TRANSPORTATION STUDY, OF WHICH $25,000.00 WAS PRE- VIOUSLY APPROPRIATED FOR THIS PURPOSE AND $16,250.00 IS HEREBY REAPPROPRIATED FROM THE GENERAL FUND CONTINGENCY RESERVE TO BE TRANSFERRED TO THE STREET FUND, ACTIVITY NO. 4812, STREETS AND SIDEWALKS --TRANSPORTATION STUDY; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote; All Council members present and voting "Aye". The foregoing ordinance was passed by the following vote: All Council members present and voting "Aye". • • • Regular Council Meeting February 1, 1961 Page #8 ORDINANCE NO. 6069 AUTHORIZING AND DIREC;ING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE AN AMENDMENT TO THE CONTRACT FOR SALE AND PURCHASE OF NATURAL GAS REQUIREMENTS' OF THE CITY OF CORPUS CHRISTI GAS DISTRIBUTION SYSTEM, WHICH CONTRACT IS BETWEEN THE HOUSTON NATURAL GAS CORPORATION AS SELLER AND THE CITY OF CORPUS CHRISTI AS BUYER, HERETOFORE AUTHORIZED BY ORDINANCE OF JANUARY 18, 1961, BY AMENDING PARAGRAPH 2 OF ARTICLE VII OF SAID CONTRACT SO AS TO PROVIDE THAT PAY- MENT FOR GAS PURCHASED BY THE CITY UNDER SAID CONTRACT SHALL BE PAYABLE SOLELY OUT OF REVENUES DERIVED BY THE CITY FROM THE OPERATION OF THE CITY'S GAS DISTRIBUTION SYSTEM AND FURTHER PROVIDING THAT THE SELLER SHALL NEVER HAVE THE RIGHT TO DEMAND PAYMENT FOR GAS SUPPLIED UNDER SAID CONTRACT OUT OF ANY FUNDS RAISED OR TO BE RAISED BY TAXATION; AND DECLARING AN EMERGENCY. Walter Lewright, attorney, speaking on behalf of his client Oscar Wyatt who has a pending lawsuit with regard to the Houston Natural Gas contract, and as an individual citizen, taxpayer and gas consummer, questioned the Mayor, the City Manager and the City Attorney as to the reason why it is necessary to adopt the fore- going amendment at this time; who initiated the matter of the amendment and asked to see the communication which accompanied the amendment when it was submitted to Mr. Singer; suggested that the real reason for this amendment was to strengthen the City's defense of the lawsuit and its grounds that Mr. Wyatt had no right to maintain the lawsuit; remarked that the Council's stated reason for the adoption on the basis of fullfilling their job to protect the citizens, taxpayers and gas consummers was all right provided it is not some more of the same program that has been going on for the last year or year and a half to try to throw the gas contract to Houston Natural Gas; and asked whether the gas revenues are kept separate on the City's books. Mayor King stated that the Council believed the amendment was in the public interest to limit the seller's rights for payment, to remove any possibility they might have to seek payment from tax money, and to pay for gas solely from gas revenues; that the amendment had came to the Council in routine manner through the City Manager; took exception to Mr. Lewright's remark about throwing the gas con- tract to Houston Natural Gas; asked the City Attorney if it was proper for Mr. Lewright to attempt to try a pending lawsuit in a Council meeting before the Press, and if sufficient reasons for their actions had not been given, and if they were obligated to continue talking about a lawsuit; and stated that due to the manner in which Mr. Lewright was cross-examining, and to his own lack of knowledge of judicial procedure, that he would rather not continue this questioning. • • Regular Council Meeting February 1, 1961 Page #9 City Attorney Singer, in reply to questions asked by Mr. Lewright, stated that the amendment had been submitted to him by Fulbright, Crooker, Freeman, Bates & Jaworski, attorneys for Houston Natural Gas Corp.;; that telephone conversations had been had frequently with attorneys for Houston Natural Gas Corp. concerning the Wyatt lawsuit and that the amendment had been submitted after telephone con- ferences; that Mr. Lewright could see the transmittal letter; that the attorneys concerned had considered the amendment wise and in line with the contemplated defense of the pending lawsuit; that in view of the line of questioning, the Mayor had the right to refuse interrogation of any of the Council and the Council members have the same right, and the Mayor has the right to terminate Mr. Lewright's possession of the floor at any time; and stated further that he considered it highly improper for an attorney to interrogate the opposition before the Press regarding matters in- volved in a pending lawsuit and believed that Mr. Lewright would take the same posi- tion with a client of his. Commissioner Barnard asked Mr. Lewright if there was anything in the fore- going ordinance that would hurt the taxpayers, and if it didn't protect them for pay- ment of gas from gas revenues only. Commissioner Joe Dunn stated, that speaking for himself as Joe Dunn, Mr. Lewright's accusations before the Press was one of two things, in error or false. The Charter rule was suspended by the following vote: All Council members present and voting "Aye". The foregoing ordinance was passed by the following vote: All Council members present and voting "Aye". THE STATE OF TEXAS COUNTY OF NUECES CITY OF CORPUS CHRISTI On this the 1 day of Feb., 1961, the City Council of the City of Corpus Christi, Texas, convened in Regular Meeting, with the following members of said Council present, to -wit: Ellroy King, Mayor, Dr. James L. Barnard . Mrs. Ray Airheart, Joseph B. Dunn, Patrick J. Dunne, Commissioners, R. A. Humble, Gabe Lozano, Sr., T. Ray Kring, City Secretary, • Regular Council Meeting February 1, 1961 Page X10 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 coppideration 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, Feb. 1, 1961 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 voted at the election held on January 28, 1961, create an emergency and an imperative public necessity requir- ing the suspension of rules and Charter provisions requiring ordinances to be con- sidered and voted upon at three regular meetings. 1, therefore, request that the City Council pass the proposed ordinance canvassing the returns and declaring the result of the electtea 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. ''. %oura very truly, /s/ Ellroy King Ellroy King, Mayor." Commissioner Barnard 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 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. Commissioner Humble made a motion that the ordinance be passed finally. The motion was seconded by Commissioner Lozano. 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. Regular Council Meeting February 1, 1961 Page #11 • The Mayor announced that the ordinance had been passed. The ordinance is as follows: ORDINANCE NO. 6070 BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, CANVASSING RETURNS AND DECLARING RESULTS OF AN ELECTION ON THE QUESTION OF THE ISSUANCE OF THE FOLLOWING BONDS: $1,360,000.00 WESTSIDE SEWER SYSTEM IMPROVEMENT BONDS; $3,305,000.00 SOUTH STAPLES AND OSO SEWER SYSTEM IMPROVEMENT BONDS; $1,720,000 STORM SEWER GONDS; $195,000.00 LIBRARY BONDS AND $775,000.00 STREET IMPROVEMENT BONDS,AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: All Council members present and voting "Aye". The foregoing ordinance was passed by the following vote: All Council members present and voting "Aye". ORDINANCE NO. 6071 CANVASSING RETURNS AND DECLARING RESULT OF AN ELECTION CONCERNING THE MATTER OF WHETHER OR NOT CLIFF MAUS AIRPORT PROPERTY SHALL BE KEPT BY THE CITY FOR PUBLIC AND SEMI-PUBLIC,DEVELOPMENT; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: All Council members present and voting "Aye". The foregoing ordinance was passed by the following vote: All Council members present and voting "Aye". ORDINANCE NO. 6072 APPROPRIATING OUT OF NO. 220 STREET BOND IMPROVEMENT FUND THE SUM OF $19,606.51 OF WHICH AMOUNT $106.51 REPRESENTS ADDITIONAL REQUIREMENTS FOR LEGAL ADVERTISING AND EXPERT TESTIMONY ON PAVING ASSESSMENTS, THEREBY AUGMENTING FUNDS PREVIOUSLY APPROPRIATED IN THE AMOUNT OF $1200.00 BY ORDINANCE NO. 6034, PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, APPLICABLE TO WEBER ROAD IM- PROVEMENTS, PROJECT NO. 220-56-25; $19,500.00 IS FOR ACCEPTANCE OF SPECIAL CER- TIFICATES OF HOMESTEAD ASSESSMENTS, ESTIMATED, OF WHICH $3,000.00 IS APPLICABLE TO AGNES-LAREDO IMPROVEMENT, PROJECT NO. 220-53-6.2; $2,500.00 IS APPLICABLE TO RAMSEY STREET IMPROVEMENTS, PROJECT NO. 220-59-35; $14,000.00 IS APPLICABLE TO MORGAN STREET IMPROVEMENTS, PROJECT 220-59-34; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: All Council members present and voting "Aye". The foregoing ordinance was passed by the following vote: All Council members present and voting "Aye". ORDINANCE NO. 6073 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE AN AGREEMENT WITH VICTOR BROCK, LESLIE MABREY & ASSOCIATES, ARCHITECTS, FOR ARCHITECTS' 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; APPROPRIATING THE SUM OF $4800.00 OUT OF NO. 112 FIRE STATION BOND TO • Regular Council Meeting February 1, 1961 Page #12 COVER PAYMENT TO SAID ARCHITECTS FOR SUCH SERVICES WHEN PERFORMED, IN THE AMOUNT OF $4500.00 AND COST OF SOIL TESTS AND BORINGS IN THE AMOUNT OF $300.00, ALL APPLICABLE TO PROJECT NO. 212-53-8; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: A11 Council members present and voting "Aye". The foregoing ordinance was passed by the following vote: All Council members present and voting "Aye". ORDINANCE NO. 6074 AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE, FOR AND ON BEHALF OF THE CITY, A CONTRACT WITH M. E. ALLISON 6 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 ISSUANCE OF CERTAIN BONDS, 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: All Council members present and voting "Aye". The foregoing ordinance was passed by the following vote: All Council members present and voting "Aye" with the exception of Commissioner Joseph B. Dunn, who voted "Naye". Mayor King called for petitions or information from the audience on matters not scheduled on the agenda. Mrs. H. U. Collins, 1057 Vacky, requested Council approval of her request for head -in parking in front of her business property at the corner of Rosewood and Morgan, in connection with the Morgan Street Improvement project. City Manager Whitney presented a sketch of the parking plan for this property, pointed out that the building is set back 25 feet thereby providing sufficient space for the requested parking even in the event that the street were widened to 60 feet, that Mrs. Collins would be required to make arrange- ments with the paving contractor and that the parking would have to be built in conformity with the City specifications and design, and recommended that her request for head -in parking be approved. Motion by Airheart, seconded by Lozano and passed that the request be approved as recommended by the City Manager. There being no further business to come before the Council, the meeting was adjourned.