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HomeMy WebLinkAboutMinutes City Council - 05/03/1961PRESENT: Mayor Ben F. McDonald Commissioners: Tom R. Swantner Dr. James L. Barnard J. R. de Leon M. P. Maldonado W. J. Roberts County Jail. REGULAR COUNCIL MEETING May 3, 1961 2:00 F.M. City Manager Herbert W. Whitney City Attorney I. M. Singer City Secretary T. Ray Kring Mayor Ben F. McDonald called the meeting to order. The Invocation was given by Reverend Ed Bennett, Chaplain U. S. 0. and City Secretary T. Ray Kring called the roll of those in attendance. Motion by Barnard, seconded by Roberts and passed that the absence of Commissioner Jim Young be excused. Mayor McDonald recognized the Honorable Reynaldo G. Garza, newly appoint- ed Judge of the United States District Court for the Southern District of Texas, whom he had invited to this Council meeting so that the Council could greet and congtatu- late him and wish him well, and presented a Resolution commending and congratulating Judge Garza on his recent appointment which he requested City Manager Whitney to read. This was done. A RESOLUTION NO. 6131 CONTRATULATING THE HONORABLE REYNALDO G. GARZA UPON HIS APPOINTMENT, QUALIFICATION AND ASSUMPTION OF THE OFFICE OF JUDGE OF THE UNITED STATES DISTRICT COURT OF THE SOUTHERN DISTRICT OF TEXAS; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: All Council Members present and voting "Aye, with the exception of Commissioner Young, absent. The foregoing Resolution was passed by the following vote: All Coun- cil Members present and voting "Aye" with the exception of Commissioner Young, absent. The foregoing resolution was passed unanimously by a standing vote, Mayor McDonald presented a certified copy of the Resolution to Judge Garza and in accepting the Resolution, Judge Garza thanked the Council and expressed his gratitude for the gesture. Motion by Maldonado, seconded by Swantner and unanimously passed that the minutes of the regular meeting of April 26, 1961, be approved. Regular Council Meeting May 3, 1961 Page #2 Mayor McDonald announced the opening of bids. Bids were opened and read on 2 items of Radio Equipment from the follow- ing: General Electric Co., Motorola Co., and Fox Radio Co. Motion by Roberts, seconded by Maldonado and unanimously passed that the foregoing bids be tabled for 48 hours as required by the City Charter, and re- ferred to the City Manager for tabulation and recommendation. Bids were opened and read on 3 quantities and sizes of 0. D. Steel Pipe from the following: The L. B. Foster Co., HOMCO, Jones & Laughlin Steel Corp., Mc- Allen Pipe & Supply, Norvell-Wilder Supply, Pipe Distributors, Inc., Republic Supply Co., SAMSCO, Stupp Corp., Superior Iron Works, Tex -Tube, Inc., Vinson Supply Co., The Youngstown Sheet & Tube, Alamo Iron Works, Allied Plumbing, Wallace Co., Atlas Pipe, Inc., and C. C. Hardware Co. Motion by Barnard, seconded by de Leon and unanimously passed that the foregoing bids be tabled for 48 hours as required by the City Charter, andreferred to the City Manager for tabulation and recommendation. Bids were opened and read on 2,008 Street Name Sign Faces in various quantities and sizes, from the following: Minnesota Mining & Mfg. Co., Wetmore & Co., and Spivak Municipal Sign Service. Motion by Roberts, seconded by Swantner and unanimously 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 2,000 Aluminum Street Name Sign Blanks, in various quantities and sizes, from the following; Hall Sign & Post, Inc., Howard L. Kelte, Metal Goods Corp., and Joseph T. Ryerson & Son, Inc. Motion by Swantner, seconded by Maldonado and unanimously passed that the foregoing bids be tabled for 48 hours as required by the City Charter, and re- ferred to the City Manager for tabulation and recommendation. Mayor McDonald announced the Council would consider the pending item of the application of Mrs. Annie Levine for a change in zoning from "R-1" One Family Dwelling District to "B-1" Neighborhood Business District, on Lot M72, Block 2, Alameda Estates, 457 Roberts Drive. (Replatted as Lot 7B, Block 2, Alameda Estates) • • Regular Council Meeting May 3, 1961 Page #3 City Manager Whitney reviewed the background of the pending application and public hearing which had been held by the previous Council, and explained that the recommendation of the Zoning & Planning Commission had been that it be denied un- til such time as existing deed restrictions are removed from the property; that Bill Prewett, attorney for the applicant, had requested that decision be reserved to give Mrs. Levine time to clear up some deed restrictions; and that the hearing had been closed and the matter taken under advisement. He stated that the applicant's attorney has now furnished a certified copy of the Judgment of the 28th District Court, lift- ing the deed restrictions in question, and recommended that the application be granted at this time. Mayor McDonald asked if anyone in the audience wished to be heard with reference to this application. No one appeared. Motion by Barnard, seconded by de Leon and unanimously passed that the application of Mrs. Annie Levine for a change in zoning from "R-1" One Family Dwell- ing District to "B-1" Neighborhood Business District, on Lot M72, Block 2, Alameda Estates, 457 Roberts Drive, be granted, and that an ordinance effecting this action be prepared. (Replatted as Lot 7B, Block 2, Alameda Estates) Mayor McDonald announced the Council would hold the public hearing on the application of First State Bank of Corpus Christi for the closing of the most southerly 158 feet of that certain alleyway located between Block 22 and Block 23, Del Mar Addi- tion. City Manager Whitney pointed out the area involved and the ownership of the abutting and interested properties, and explained that the applicant wishes to construct a new entrance at the rear of the bank which would involve some planters and an overhang canopy that would encroach on the existing alley, and recommended that the application be granted, subject to the dedication of a new and permanent 10° easement across the 2 parking lots, and also subject to retention of the utilities within the alleyway or to the relocation of existing utilities at the applicant's expense. John Waller, attorney, appeared on behalf of the applicant, explained that the bank owns the property on both sides of the alleyway, presented statements from all of the property owners using the alleyway for access in favor of the closing, • Regular Council Meeting May 3, 1961 'Page #4 which Mayor McDonald read, and stated that the bank was agreeable to the conditions recommended by the City Manager and will prepare the instrument dedicating the new and permanent 10' easement. Ed Williams, attorney, stated that he was not in any way opposing the ap- plication, but that he had not understood from this hearing if it was to be a policy of this Council that the abutting property owner would not have to purchase the pro- perty in closings of this kind as has been done in the past, and suggested that there would be other applications for alley closings particularly along Shoreline Boulevard which would involve this factor, and that he was heartily in favor of it. Mayor McDonald replied that the Council would have to study each applica- tion based on individual merits at the time and determine what is best for the City. Mr. Waller explained that the bank was offering to exchange an equal ease- ment for the closing of an equal easement. Motion by Swantner, seconded by Maldonado and unanimously passed that the hearing be closed. Motion by Barnard, seconded by Roberts and unanimously passed that the application be granted subject to the recommendation of the City Manager with regard to the exchange of easements and the relocation of the existing utilities. Mayor McDonald called for the City Manager's Reports. Motion by Swantner, seconded by de Leon and unanimously passed that the recommendations and requests of the City Manager be approved and granted, as follows: a. That the plans and specifications for construction of Electrical Ser- vices at the L -Head, Corpus Christi Marina, be approved, and authority to advertise for bids to be received be granted; b. That the award of bid on 3 months' Fuel Requirements be made on the basis of low bid to Crystal Petroleum Company for 5,000 gals. of Diesel Fuel per month, at $0.1017, and 4,500 gals. of Kerosene per month, at $0.1118, for a total of $1,011.60; to Gulf Oil Corp. for 45,000 gals. of Regular Gasoline per month, at $0.1553, for a total of $6,988.50; and to Mobil Oil Company for 2,500 gala. of Premium Gasoline per month, at $0.1950, for a total of $487.50; making a grand total of $8,487.60 per month; (See Bid Tabulation #9 in File) • Regular Council Meeting May 3, 1961 Page #5 c. That the award of bid on Reinforced Concrete Pipe be made on the basis of low bid to Texcrete Company of Corpus Christi for 500' of 12", at $1.37 per ft., and 650' of 15", at $1.59 per ft., for a total of $1,718.50; (See Bid Tabulation #10 in file) d. That an addendum be approved amending the specifications on the_Wrapping and Coating of Steel Pipe to provide that the successful bidder agree to store and wrap pipe remaining on hand for a period not exceeding 6 months; e. That the award of bid on 6,000 lbs. of Bermuda Grass Seed be made on the basis of low bid to Currie Seed Co., at $0.6995 per lb., for a total of $4,197.00. (See Bid Tabulation #1l in File) Mayor McDonald recognized Mr. Binford Arney, Chairman of the Charter Amend- ment Advisory Committee, who presented a short memorandum supplementing the Committee's report previously presented to the Council at its Monday evening workshop session, with reference to an advertising amendment to the Charter, explaining that the Committee in no way objected to the submission of such an amendment, but that the majority believed it preferable for advertising to be financed by private funds rather than public funds, and that the wording of the proposed amendment was designed to leave the selection and media of advertising up to the Council. There followed an open discussion on the submission of certain proposed Charter amendments to the voters. Bob Rylee, recent candidate for councilman, urged the submission to the voters of all of the proposed amendments without any deletion, and felt that"single shot° voting for individual or group mathematical advantage can be prevented by the place system of electing councilmen. Harold Thomas, attorney, urged that the proposed amendment with reference to the manner of electing councilmen by place not be submitted to the voters; presented and read a petition of 45 signatures, not to make any change in this respect and re- commending that in the event the Charter is changed, that such election be made on the basis of the ward or precinct system. (See Petition #7 in File.) Mayor McDonald stated that no one wants to stir up animosity which would pit one section of our City against another; that individual and civil rights of all would be protected and represented here at City Hall; that the Counc it desires the • Regular Council Meeting May 3, 1961 Page #6 voters to vote on as many of the proposed amendments as possible considering the limitation of time; and that the matter will be taken under advisement. Mr. Arney, replying to Commissioner de Leon's question, stated that it was the feeling of the Committee that the place system was the soundest form of government and that it was in no way intended or desired to cast any reflection on the Latin-American people of this City or members of this Council. Charles J. Brown, citizen, spoke in favor of the place system as a step for progress, and stated that the majority of the larger cities have this system. Reverend Harold T. Branch, Pastor of St. John's Baptist Church, asked if the reason the Committee had not seen fit to submit an amendment that there could be no discrimination in City employment because of color was due to the fact that no such problem exists in that respect. Mayor McDonald replied that the Charter already provides for employment by merit alone and that if it is deemed necessary, the Council will pass an appropriate resolution to effect this protection, and Rev. Branch thanked the Mayor and Council for their democratic and Christian stand with respect to segre- gation. Richard Johnson, Chairman of the Human Relations Council at Del Mar College, read an open letter to the Mayor commending him on his stand against segre- gation. (See Council Exhibit #7 in File.) Ed Williams, attorney, expressed his views with respect to too much emphasis on the form of government, effects of "single shot" voting, and the trend to make all cities alike; on the desirability of making all reference in the Charter to members of the Council uniform, as either "councilmen" or "commissioners", and of having the terms of office for all advisory boards of a policy nature expire with the appointing administration, particularly with reference to the Zoning & Planning Commission. Replying to a question from Commissioner Barnard, Mr. Arney stated that in the event that both the amendment with respect to the salaries of the firemen and policemen and the amendment providing that no salaries shall be set by Charter, should both pass in the election, it would be a matter of interpretation as to which one pre- vailed, but that it was the suggestion of the City Attorney that in such an event, a preface could be added "irrespective of any other Charter provision, this would pre- vail". • • Regular Council Meeting May 3, 1961 Page #7 Mayor McDonald invited Rev. Branch to give the Invocation at next week's regular Council meeting, and Reverend Branch accepted. ORDINANCE NO. 6127 AUTHORIZING EMINENT DOMAIN PROCEEDINGS BY THE CITY OF CORPUS CHRISTI TO CONDEMN FEE TITLE TO A CERTAIN PARCEL OF LAND OWNED 8Y JANET FRANK, A WIDOW, WHICH LAND IS LOCATED IN NUECES COUNTY, TEXAS, AND IS MORE PARTICULARLY DESCRIBED AS THE SOUTH 10 FEET OP LOTS 3 AND 4, BLOCK 2, LA PALOMA ADDITION THE CITY oF COUNTY. TEXAS, AS SHOWN BYMAP ORPLAATIN CORPUS ID ADDITION -IN THE MAP RECORDSUOFENUECES COUNTY, TEXAS, SAID CONDEMNATION BEING NECESSARY FOR PUBLIC STREET PURPOSES FOR THE WIDENING AND IMPROVING OF MORGAN STREET WITHIN THE CORPORATE LIMITS OF THE CITY OF CORPUS CHRISTI; 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: All Council Mem- bers present and voting "Aye" with the exception of Commissioner Young, Absent. The foregoing ordinance was passed by the following votes All Council members preunt,and voting "Aye" with the exception of Commissioner Young, Absent. ORDINANCE N0. 6128 AUTHORIZING EMINENT DOMAIN PROCEEDINGS BY THE CITY OF CORPUS CHRISTI TO CONDEMN FEE TITLE TO A CERTAIN PARCEL OF LAND OWNED BY ANTON V. ESCOBAR, WHICH LAND IS LOCATED IN NUECES COUNTY, TEXAS, AND IS MORE PARTICULARLY DESCRIBED AS THE SOUTH 10 FEET OF LOT 1, BLOCK 4, LA PALOMA ADDITION IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, AS SHOWN EY MAP OR PLAT OF SAID ADDITION IN TSR MAP RECORDS OF NUECES COUNTY, TEXAS, SAID CONDEMNATION BEING NECESSARY FOR PUBLIC STREET PURPOSES FOR THE WIDENING AND IMPROV- ING OF MORGAN STREET WITHIN THE CORPORATE LIMITS OF THE CITY OF CORPUS CHRISTI; DIR- ECTING 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: All Council Mem- bers present and voting "Aye" with the exception of Commissioner Young, Absent. The foregoing ordinance was passed by the following vote: All Council members present and voting "Aye" with the exception of Commissioner Young, Absent. 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 BETWEEN THE CITY OF CORPUS CHRISTI AND THE UNIVERSITY OF CORPUS CHRISTI, PROVIDING FOR THE ANNEXATION OF AN AREA CONTIGUOUS TO THE PRESENT CITY LIMITS AND EXTENDING FROM A POINT ON THE EDGE OF CORPUS CHRISTI BAY IN A WESTERLY AND SOUTHWESTERLY DIRECTION ALONG THE NORTH PORTION OF WARD ISLAND, ALL AS DESCRIBED IN THE AGREEMENT, 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 votes A11 Council Members present and voting "Aye" with the exception of Commissioner Young, Absent. RESOLUTION NO. 6129 APPROVING THE INTRODUCTION OF AN ACT IN THE LEGISLATURE OF TEXAS FOR THE PURPOSE OF CLARIFYING THE RIGHT OF THE CITY OF CORPUS CHRISTI TO LEASE A STRIP OF LAND 500' X 2050' LYING ALONG THE EAST LINE OF THE C. O. GLASSCOCK 22.39 ACRE TRACT BEING PART OF THAT AREA2ATENTED TO THE CITY OF CORPUS CHRISTI BY PATENT DATED JANUARY 4, 1924, AND URGING THE REPRESENTATIVES AND SENATOR FROM NUECES COUNTY, TEXAS TO EXPEDITE THE PASSAGE OF SAID BILL AND DECLARING AN EMERGENCY. Regular Council Meeting May 3, 1961 Page #8 The Charter rule was suspended by the following vote: All Council Members present and voting "Aye" with the exception of Commissioner Young, Absent. The foregoing resolution was passed by the following vote: All Council Members present and voting "Aye" with the exception of Commissioner Young, Absent. John Waller, attorney representing Glasscock interests, requested that the City Manager forward copies of the foregoing resolution to the Nueces County legislators in Austin, and stated that all appear to be favorable but that passage of the Bill was subject to the filibuster going on. City Secretary Kring read a proposed motion in connection with the third and final reading of the Philip A. Schraub assignment agreement covering a commercial hangar and fixed base aviation lease plot on the new municipal airport. There followed a general discussion by the Council, Bilis Brown as attorney for Coastal States, and Judge Schraub, as to the report of the Industrial & Advisory Airport Board and the understanding of all parties as to the terms, conditions and areas involved in the Schraub agreement, the Gulf Coast agreement, the Gault agree- ment, the Coastal States agreement, and any future agreement that might be made with particular reference to compensation for construction of roads and ramps by the pre- sent fixed base operators. It was agreed that the City should reimburse the fixed base operators for their construction of access roads and utility installations out of revenue received as soon as possible, and that the fixed base operators should have a 5 -year right of refusal on the option areas for T -Hangar space in front of the primary leases. Commissioner Barnard requested that the minutes reflect that the Council agrees that although it is not a part of Mr. Schraub°s lease, that if the Council agrees to reimburse Coastal States for construction of roads or ramps, the same shall apply to the Schraub lease. Motion by Barnard, seconded by Roberts and unanimously passed that the Schraub lease be amended to include a 5 -year right of refusal covering the option area in front of the primary lease. Motion by Barnard, seconded by de Leon and unanimously passed that the ordinance authorising and directing the City Manages, for and on behalf of the City • Regular Council Meeting May 3, 1961 Page #9 of Corpus Christi, to accept and approve an assignment agreement between the Corpus Christi Bank and Trust Company, Trustee, and Philip A. Schraub, dba International Aviation, covering a Commercial Hangar and Fixed Base Aviation Lease plot on the new Municipal Airport, be amended so that a new ordinance be substituted therefor which new ordinance contains a corrected copy of the lease to Philip A. Schraub, setting forth a primary area being 500° x 350° and one option area which also is 500° long. ORDINANCE NO. 6130 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO ACCEPT AND APPROVE AN ASSIGNMENT AGREEMENT BETWEEN THE CORPUS CHRISTI BANK & TRUST COMPANY, TRUSTEE, AND PHILIP A. SCHRAUB, DBA INTERNATIONAL AVIATION, COVERING A COMMERCIAL HANGAR AND FIXED BASE AVIATION LEASE PLOT ON THE NEW MUNICIPAL AIRPORT, WHICH PLOT IS AN AREA 500' X 350° ADJOINING AND NORTHWEST OF AN AREA 750' X 350° FACING 750' ON TAXIWAY "P" WHICH 759' X 350' AREA HAS ITS SOUTHERN CORNER AT A POINT WHICH IS THE EASTERN CORNER OF THE INTERSECTION OF TAXIWAY "P" AND TAXIWAY "Q", A COPY OF SAID ASSIGNMENT AGREEMENT BEING ATTACHED HERETO AND MADE A PART HEREOF. The foregoing ordinance was read for the third time and passed finally by the following votes All Council Members present and voting "Aye" with the excep- tion of Commissioner Young, Absent. Motion by Swantner, seconded by de Leon and unanimously passed that the following memo of proposed solution of Tax Collection problem for collection of Taxes for the current year, be approved: "The City will rely on the personal liability of the property owner for the collection of taxes for the current tax year until July 31st of each tax year and from and after August 1st of each tax year taxes for the current year will be required by the State to be taken out of sale proceeds or go to condemnation. "When there is not a total taking of property by the State the City will rely on the personal liability of the property owner and the remainder of the property for the collection of taxes and will not expect the State to include taxes on the property for the current year to be paid out of the proceeds of the sale. "When the remaining portion of any property is not, in the opinion of the Tax Collector, of sufficient value to adequately secure the taxes on said property through the current year then the taking shall be deemed a total taking by the State." Mayor McDonald turned the Chair over to Mayor Pro -tem Swantner for the 2nd reading and discussion of the ordinance involving the Inland Limousine Service, Inc., due to the fact that he has represented the foregoing company as an attorney. • Regular Council Meeting May 3, 1961 Page #10 Hodge Thompson, attorney representing C. C. Sight Seeing Service, Inc., opposed the granting of the sightseeing service franchise to Inland Limousine Service, Inc., on the basis that it constitutes an unfair advantage to Inland since they pre- sently hold an exclusive franchise for limousine service to and from the airport which is the main source of sightseeing customers. Mayor Pro -tem Swantner pointed out that the Inland Limousine Service does not hold an exclusive franchise as such, Mince the limousine service to and from the airport is a contract which was bid on and awarded to the high bidder, and that there are many taxicabs which operate to and from the airport under franchises. Ralph Inglefield, Jr., representing Inland Limousine Service, Inc., quoted figures of the 2% gross receipts rendered the City by C. C. Sightseeing Service, Inc., for 1959-60 to support his view that the company could not have too much capital in- vested for such a small return, and stated that his company's service was to be for individual trips to spots requested by the customer, rather than scheduled tours as advertised by C. C. Sight Seeing Service. Commissioner Roberts moved the question. SECOND READING OF AN ORDINANCE GRANTING TO INLAND LIMOUSINE SERVICE, INC., A FRANCHISE TO ENGAGE IN THE BUSINESS OF OPERATING A SIGHTSEEING SERVICE ON AND OVER THE PUBLIC STREETS WITHIN THE CITY.LIMIT3 OF CORPUS CHRISTI;PROVIDING FOR THE PAYMENT OF 2% OF THE GROSS RECEIPTS PER MONTH, AN ROVIDINW-FOR THE PAYMENT OF AD VALORRM TAXES, CHARGES, RENTAL FEES OR OBLIGATIONS FEES WHICH MAY LEGALLY IMPOSED UPON SUCH BUSINESS; AND SETTING OUT CERTAIN CONDITIONS UNDER WHICH SAID BUSINESS IS TO BE OPERATED, AND PROVIDING FOR THE FORFEITURE OF SAID FRANCHISE AND THE METHOD OF REIN- STATING SAME; PROVIDING FOR A WRITTEN ACCEPTANCE TO BE DELIVERED TO THE CITY SECRETARY. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: All Council Members present with the exception of Commissioner Young; Mayor McDonald and Commissioners de Leon and Maldonado, ab- stained. Mayor McDonald resumed the Chair. Kenneth Darrah appeared in regard to his request made at a previous meet- ing that the Council re -open the hearing on the Agnes Street Extension Improvement Assessments, and reconsider the action of the previous Council. Mayor McDonald requested that a copy of the report of the City Manager on the subject be made available to Mr. Darrah following the close of the meeting, Regular Council Meeting May 3, 1961 Page #11 since the Council had to leave immediately to greet the Waukegan Student Band from Illinois and invited anyone in the audience to go along with them. There being no further business to come before the Council, the meeting was declared adjourned.