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)
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Regular Council Meeting
May 3, 1961
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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,
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Regular Council Meeting
May 3, 1961
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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)
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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
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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".
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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
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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.
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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.