HomeMy WebLinkAboutMinutes City Council - 04/05/1961PRESENT:
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
April 5, 1961
2:00 P. M.
City Manager Herbert W. Whitney
City Attorney I. M. Singer
City Secretary T. Ray Kring
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Mayor Ellroy King called the meeting to order.
The Invocations were given by Dr. Norman A. Evans, Retired Methodist
Miniatern and by the Very Rev. Msgr. Michael J. Adams, Pastor of Our Lady Star of
the Sea Church.
City Secretary T. Ray Kring called the roll of those in attendance.
Motion by Humble, seconded by Barnard and passed that the minutes of the
regular meeting of March 29, 1961, be approved.
Mayor King called for the City Manager's Reports.
Motion by Barnard, seconded by Pat Dunne and passed that the recommenda-
tions of the City Manager be accepted and approved, as follows:
a. That acceptance and final payment of Estimate #2 in the amount of
$10,937.90 to Lewis A. Fowler for construction of the Chandler Lane Improvements,
be approved;
b. That acceptance and final payment of Estimate #6 in the amount of
$13,602.57 to K. F. Hunt and H & H Concrete Company for construction of Miscellaneous
Storm Sewers, be approved.
ORDINANCE NO. 6107
RECEIVING AND ACCEPTING THE CONSTRUCTION OF CHANDLER LANE STREET IMPROVEMENTS AS
PERFORMED BY LEWIS A. FOWLER, CONTRACTORS, UNDER THEIR CONTRACT DATED FEBRUARY 6,
1961, AUTHORIZED BY ORDINANCE NO. 6059; AUTHORIZING THE PAYMENT OF FINAL ESTIMATE
NO. 2, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, DATED MARCH 27,
1961, IN TEE AMOUNT OF $10,937.90 FROM NO. 108 STREET FUNDS, PREVIOUSLY APPROPRIATED;
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: A11 Council
Members present and voting "Aye"
Regular Council Meeting
April 5, 1961
Page #2
ORDINANCE NO. 6108
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RECEIVING AND ACCEPTING THE CONSTRUCTION OF MISCELLANEOUS STORM SEWERS, PROJECT
NO. 295-53-5, AS PERFORMED BY K. P. HUNT AND H & H CONSTRUCTION COMPANY UNDER THEIR
CONTRACT DATED SEPTEMBER 9, 1960, AUTHORIZED BY ORDINANCE NO. 5899; AUTHORIZING
THE PAYMENT OF FINAL ESTIMATE NO. 6, A COPY OF WHICH IS ATTACHED HERETO AND MADE
A PART HEREOF, DATED MARCH 29, 1961, IN THE AMOUNT OF $13,602.57 FROM NO. 295
STORM SEWER BOND FUNDS, PREVIOUSLY APPROPRIATED; 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. 6109
CANVASSING RETURNS AND DECLARING THE RESULTS OF THE GENERAL ELECTION FOR THE PUR-
POSE OF ELECTING THE MAYOR AND COMMISSIONERS OF THE CITY OF CORPUS CHRISTI HELD
ON THE 4TH DAY OF APRIL, 1961; 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".
Commissioner Joe Dunn, as an individual Councilman, expressed his
thanks to Mr. Whitney for his help to him during his term of office.
Commissioner Airheart stated that she felt the same way.
Motion by Humble, seconded by Airheart and passed that this Council
pass a resolution expressing their appreciation to City Manager Whitney and
the Administrative Staff forrtheir help to the Council and a very efficient job
during the past two years.
Mayor King requested that his affirmative vote on the foregoing
resolution be noted also.
Mayor King called for the new Mayor and Council to be sworn in.
Noah Kennedy, Jr., County Judge, Nuecea County, administered the
Oath of Office to Hen F. McDonald as Mayor of the City of Corpus Christi.
Judge Kennedy then administered the Oath of Office to James L. Bar-
nard, Jose R. DeLeon, M. P. Maldonado, W. J. Roberts, Tom R. Swantner, and James H.
Young, each as a Commissioner of the City of Corpus Christi.
Regular Council Meeting
April 5, 1961
Page #3
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The new Council took their seats at the Council Table, and Mayor Ben
F. McDonald thanked Judge Kennedy for his services, and made the following remarks
on taking the Chair:
"Ladies and Gentlemen, Citizens of Corpus Christi:
"The City Council is deeply honored by your presence here today to
witness the taking of the oaths of office by the City Council members.
"We begin here today what I hope will be a new and productive era of
City Government. We stand obligated to protect the public trust and to do all
within our power to make this a greater city. We have all of the elements requir-
ed for growth, together with a program which, when accomplished, will make Corpus
Christi the greatest city on the Gulf, bar none.
"I call upon all Department Heads to renew and redouble your efforts
to create efficiency within your departments and to give maximum return to the
people for their tax dollars. We call upon all of the loyal city employees to
redouble your efforts to make this a finer community. You must always bear in
mind that this is the people's government, not just yours or ours. We will ex-
pect the City Manager and all department heads to clearly define areas of respon-
sibility and eliminate all friction and stalemates within City Hall. You will be
expected to render courteous and fair treatment to all citizens and all persons
appearing before you or dealing with the city regardless of the person's rank or
standing within the community. This City Council means to guarantee fair and
courteous treatment for all. You work for the people. They are your employers.
Show it by your attitude.
"Let us pledge ourselves to work for a great program of progress for
Corpus Christi. This is our truly great opportunity and we are all grateful for
the support and confidence shown by the voters,
"We will carry out the terms of our program and get this city on the
move once again. We will keep our pledges to the people. We will keep the trust.
'For what doth the Lord require of thee but to do juatly,love mercy and to walk
humbly with thy God°1°.
Mayor McDonald stated further that he wished to state publicly that
history was being made today in that for the first time we have a split City
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Regular Council Meeting
April 5, 1961
Page #4
Council, three members of one party and four members of another, that the mem-
bers of his party are delighted to serve with these gentlemen and hope to co-
operate to make this a City Council of which the citizens will all be proud.
City Manager Whitney reported that J. R. de Leon, doing business as
Economical Drug Company, has a contract with the City as Agent for the payment of
bills for Utility Services furnished by the City, but that due to the Charter pro-
vision no member of the City Council shall have any interest in any contract let
by the City, Mr. de Leon has requested in writing that this contract be terminated.
Mr. Whitney recommended that the request be approved, and that Mr. and Mrs. de
los Santos be appointed as agent in his place.
Motion by Roberts, seconded by Swantner and passed that the forego-
ing report of the City Manager be accepted and approved.
ORDINANCE N0. 6110
TERMINATING THE AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND J. R. DELEON,
DBA ECONOMICAL DRUG COMPANY, LOCATED AT 1024 LEOPARD STREET, FOR THE COLLECTION
OF UTILITY BILLS AND ACCOUNTS FOR THE CITY OF CORPUS; AUTHORIZING AND DIRECTING
THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE AN
AGREEMENT BETWEEN THE CITY AND MRS. PETRA DE LOS SANTOS JOINED BY HUSBAND, SANTOS
DE LOS SANTOS, FOR THE 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 APRIL 5, 1961, UNTIL TERMINATION UPON DEFAULT OR REMOVAL
FROM THE LOCATION OF 1024 LEOPARD STREET 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: All Council
members present and voting "Aye".
The foregoing ordinance was passed by the following vote: All
Council members present and voting "Aye".
Mayor McDonald announced the Council would now select the Mayor
Pro• -tem in accordance with Article II, Section 4 of the City Charter, which he
read to the Council and audience, and called for nominations from the Council.
Commissioner Maldonado nominated Commissioner Tom R. Swantner for
Mayor Pro -tem, on the basis that he was well acquainted and familiar with the
platform and program of the Progress Party.
Commissioner Barnard nominated Commissioner J. R. de Leon for Mayor
Pro -tem, on the basis that since he had received the largest number of votes in
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Regular Council Meeting
April 5, 1961
Page #5
the election, it was precedent, custom and habit to elect the commissioner receiv-
ing the largest number,of votes Mayor Pro -tem, and that it was not a question of
being acquainted with any program, since the results of the election clearly in-
dicated that the voters had not fully accepted either party's platform or program.
Mayor McDonald asked City Attorney Singer if there was anything in the
Charter about a mandate vote of the people in this regard, to which Mr. Singer
replied, "No, Sir".
Commissioner de Leon stated that he intended to fight to defend any-
thing that he felt belonged to him in the same manner that he would fight to defend
anything that belongs to the City of Corpus Christi, that they were a split Council
before they were sworn in, but that he felt they should now be a unified Council
toward the best interests of Corpus Christi.
Mayor McDonald immediately agreed with him, and the audience expressed
its approval by applause.
Commissioner Swantner stated that he certainly had no objection to Mr.
de Leon's being Mayor Pro -tem, that he would like him to know he was not seeking
thee office, and that he would abide by the vote of the Council.
Mayor McDonald called for the vote, and City Secretary Kring polled
the Council as follows:
James L. Barnard de Leon
J. R. de Leon de Leon
Tom R. Swantner Swantner
Jim Young Swantner
M. P. Maldonado Swantner
W. J. Roberts de Leon
City Secretary Kring announced a tie vote.
Mayor McDonald voted for Mr. Swantner, on the basis that a person
familiar with his program and pledgee to the people would be the better Mayor
Pro -tem.
Mayor McDonald read a telegram addressed to the Council from Senator
Ralph Yarborough, congratulating the Council on its election to office, and urging
the members to come to Washington to express their views at the hearings on Senate
Bill 4, which provides for a Texas -size 88 -mile Park Area on Padre Island, which
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Regular Council Meeting
April 5, 1961
Page #6
hearings are scheduled before the Public Lands Sub -Committee of the Sqnate In-
terior Committee at 10 A.M., Tuesday, April 11, 1961.
Mayor McDonald handed the following Resolution to City Manager Whitney
to read to the Council:
CITY OF CORPUS CHRISTI I RESOLUTION NO. 6111
STATE OF TEXAS X
RESOLUTION IN SUPPORT OF PADRE ISLAND
NATIONAL PARK
WHEREAS, there is presently pending before the Congress of the United
States and the Legislature of the State of Texas, various bills providing for and ap-
proving the establishment of a National Seashore upon Padre Island located near
to the City of Corpus Christi and;
WHEREAS, in the recent city elections held in Corpus Christi on April
4, 1961, all three tickets campaigning for election to office of Mayor and City
Council unanimously supported the creation of said National Seashore upon Padre
Island in the length of approximately 88 miles and;
WHEREAS, the creation of such a National Seashore would be in the
public interest in the preservation of the great seashore and wilderness areas of
the United States for the public;
NOW, THEREFORE, BE IT RESOLVED that the Mayor and City Council of the
City of Corpus Christi join other public bodies and governmental units in support
of the Padre Island National Seashore, and that such National Seashore be approxi-
mately 88 miles in length, as presently contemplated by bills in Congress of the
United States and the Legislature of the State of Texas, and that a copy of this
resolution be furnished by the City Secretary of the City of Corpus Christi to
the appropriate federal and state agencies and to the United States Senators and
Congressmen of the State of Texas
ADOPTED THIS 5th day of April, 1961, by Mayor and City Council:
/s/ Tom R.
Tom R.
/s/ Ben
Ben.F.
Swantner
Swantner, Commissioner
/s/ Dr. J. L. Barnard
Dr. J. L. Barnard, Commissioner
/s/ Jose R. DeLeon
Jose R. DeLeon, Commissioner
F. McDonald
Mc0onald, Mayor
/s/ M. P. Maldonado
M. P. Maldonado, Commissioner
/8/ W. J. Roberts
W. J. Roberts, Commissioner
/s/ James H. Young
James H. Young, Commissioner
Regular Council Meeting
April 5, 1961
Page #7
The foregoing Resolution was adopted by unanimous vote.
Commissioner de Leon made a few remarks requesting a united Council
because it would be in the best interest of the City.
Mayor McDonald stated he had confidence that it wquld be a united
Council.
Commissioner Barnard added that he was sure all the Council is ready
to work for a better Corpus Christi, that they were approaching it from different
angles but that they all had the same goal in working for a better Corpus Christi.
Mayor McDonald recognized and introduced various persons in the audience
as family and friends of each of the members of the City Council.
There being no further business to come before the Council, Mayor
McDonald declared the meeting adjourned.