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HomeMy WebLinkAboutMinutes City Council - 09/27/1961It V. PRESENT: REGULAR COUNCIL MEETING September 27, 1961 2:00 P.M. Mayor Ben Y McDonald Commissioners: Tom R. Swentner City Manager Herbert W. Whitney Dr, James L. Barnard City Attorney . M. Singer J. R. de Leon City Secretary To Ray Kring M. P. Maldonen W. J. Roberts Jia Young Mayor Ben F. Mebnald called the meeting to order. The Invocation was given by reverend W. F. Coffman, of Parkway Church of Christ. City Secretary T. Ray Kring called the roll of those in attendance. Motion by de Leon, seconded by Young and passed that the minutes of the special meeting of Sept. 18, and regular meeting of Sept. 20, 1961, be ap- proved as furnished to the Council. Commissioner de Leon read a proclamation by Mayor McDonald proclaim- ing the week of Oct. 1 through 7, 1961, as National Pharmacy Week in Corpus Christi, and presented it to Joe de Leon, Jr., President of the local Pharma- ceutical Association, accompanied by Clem Garcia° Mayor McDonald announced the opening of bids. Bids were opened and read on an estimate, 12 months' supply of Survey Stakes from the following: Armstrong Lumber Co.; C. C. Brick & Lumber Co.; Kaffie Lumber Div.; Zaraky Lumber Co.; Hawn Sash & Door Co.; Selby-T.atokford Lumber Co.; L. B. Wehring Lumber Co.; West Side Lumber Coo; Bratton -Peale Lum- ber Co.; and Southern Pine Lumber (Temple Lumber) Co. Motion by Young, seconded by Maldonado and 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 aad read on 20 items of Meter Boxes, Extensions and Manhole Rings & Covers from the following: Alamo Iron Works; Dallas Foundry, Inc.; Gulf Star Foundries; Opelika Foundry Co.; and SAMEC. Motion by Young, seconded by Maldonado and 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. • • Regular Council Meeting September 27, 1961 Page 2 Bids were opened and read on an estimatTd 12 months° supply, and a 6 months' supply, of various items of Automotive Lubricating Oils & Greases from the following: Ada 011 Co.; 2 bide from Arnold 011 Co.; Oulf Oil Corp.; Humble Oil & Refining Co.; Lubrication Engineering, Inc.; Mobil Oil Co.; Texaco, Inc.; Texas Star Diet. Co.; Crystal Petroleum Co.; and Osage Oil Co. The foregoing bids were tabled for 48 hours as required by the City Charter, and referred to the City Manager for tabulation and recommendation. Mayor McDonald called for the City Manager°s reports. Motion by de Leon, seconded by Young and passed that the recommenda- tions and requests of the City Manager be approved and granted, as follows: a. That payment of semi-final Estimate #13 in the amount of $27,814.86 to Bur -Tex Constructors for Airport Ditch Storm Sewer, Unit 1, be ap- proved, and that an extension of 15 days for completion time on this project be granted; b. That a contract with the Carrier Corporation on a 12 -months' basis for a fixed charge of $575.00 for maintenance services for the air conditioning equipment at International Airport, be authorised; C. That authority to advertise for bids to be received on Oct. 11, 1961, on 1,000' of 3" and 750' of 27i" ?ire Hose, be greeted; d. That the award of bid on a 2 -year farm lease on approximately 35 acres of land on the O. N. Stevens nitration Plant property, be made to Tommy M. BurIume, the only bidder, on the basis of a yearly cash bonus per acre of $1.00; (See Bid Tabulation #49 in Tile) e. That the bid of Jake L. Eamon, the only bid received, on a 5 -year lease of the City's ogre -Half Mineral Interest on 40 acres of land described as Lots 9 & 10, Section 21, :Flour Bluff & Eeotuel Term & Gamlen Tracts, for a cash bonus of $1,020.00, in addition to the other considerations set out in the lease, be accepted; and that the bid of William Marks, the only bid .received, on the 77.5 -acre tract at the Cunningham Fater Plant at Calallen, be rejected by reason that the bid is substantially lover than the average lease bonus paid per acre in the County for undeveloped leaseholds and yet is located v1tbin one mile of o11 and gas production; (See Bid Tabulation. #50 in File) Regular Council Meeting September 27, 1961 Page 3 f. That the date of Oct. 11, 1961, during the regular meeting, be set for public hearing on the petition to close an 8° alley restricted to ped- estrian use on portions of Lots 3, 4, 5 & 6, Block 2, Brayton Addition; g. That the date of Oct. 18, 1961, during the regular meeting, be set for public hearing on the application of Mr. & Mrs. Poaciano Mendoza and Mr. & Mrs. Elias Martinez for a change of zoning; and that the date of Oct. 23, 1961, during a special meeting convening at 7:00 o'clock, p.m., be set for pub- lic hearing on three applications for zoning changes; h. That the City accept assignment of the following paving certifi- cates totalling $1,233.83, in connection with Weber Road Street Improvements, en the basis of the properties beilg homesteads: #17 Ralph Meeks, Lot 7, Block 4, Marking Place $ 112.20 #59 Chas. F. Stanley, Lot 14, Block 23, Central Park, Unit #4 505.95 114 Albert W. Miller, Lot 28, Block 1, Lincoln Terrace 364.58 123 John B. Jones, Lot 10, Block 1, Nanjean Park 250.80 i. That the date of Oct. 23, 1961, during the special meeting con- vening at 7:00 o'clock, p.a., be set for public hearing on the petition of a number of residents to cha!gethe names of Savage Lane from Highvay 44 to the intersection of Savage Lane and Whelan Drive, and Whelan Drive from Savage Lane to the intersection of Whelan Drive and Up River Road, to Navigation Boulevard. ORDINANCE NO. 6283 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A MAINTENANCE AGREEMENT ON AIRCONDITIONING EQUIP- MENT AT THE INTERNATIONAL AIRPORT WITH THE CARRIER CORPORATION FOR A PERIOD OF 911E YEAR BEGIIIA 1'NG AUGUST 1, 1961, AT A COST OF $575.00 PER YEAR, ALL AS MORE FULLY SET OUT IN THE AGREEMENT, A COPY OF WHICH IS ON NILE IN THE OFFICE OF THE CITY SECRETARY AND MADE A PART HEREOF FOR ALL INTENTS AND PURPOSES; AND DECLARING AN EMERGENCY. The Charter rule vas suspended by the following vote: Mayor McDonald, Commissioners Swantner, Barnard, de Leo,, Maldonado, Roberta and Young all vot- ing "Aye". The foregoing ordinance vas passed by the follovisg vote: Msyyor McDonald, Co*alasioners Swantaer, Barnard, de Leon, Maldoaado, Roberta and Young all voting 'Aye". • Regular Council Meeting September 27, 1961 Page 4 ORDINANCE NO. 6284 AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, A REVOCABLE EASEMENT FOR THE ERECTION OF BRICK AND CONCRETE PILLARS WITH SUBDIVISION NAMEPLATES THEREON, LOCATED AT THE IN- TERSECTIONS OFEOKOL DPSVR AID BONHAM STREET, AND SOKOL DRIVE AND BOWIE STREET; PROVIDING THE TURNS OF SUCH EASEMENT AS MORE FULLY DESCRIBED IN THE AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PAPP HEREOF; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Mayor McDonald, Comiieio*era Sweatier, Barnard, de Leon, Maldonado, Roberta and Youag all vot- ing "Aye". The foregoing ordinance was passed by the following vote: Mayor McDonald, Cosmissieiera Sweatier, Barnard, de Leon, Maldoaado, Roberta and Young all voting "Aye". ORDINANCE NO. 6285 APPROPRIATING OUT OF NO. 295 STORM SEWER BONS CONSTRUCTION FUND THE SUM OF $4,121.04, REPRESENTING ADDITIONAL CONSTRUCTION AND CONTINGENCY COSTS IN CON- NECTION WITS COMPLETION OF CONSTRUCTION OF THE AIRPORT DITCH STORM SEWER, UNIT 1, PROJECT N0. 295-53-6.1, SAID SUMS BEREBI APPROPRIATED TO SUPPLEMENT FUNDS PREVI- OUSLY APPROPRIATED BY ORDINANCE N0. 5823 FOR THIS PROJECT; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Mayor McDonald, Commissioners Swanteer, Barnard., de Leon, Maldonado, Roberta and Young all vot- ing "Aye". The foregoing ordinance was passed by the following vote: Mayor McDonald, Commissioners Swantner, Barnard, de Leon, Maldonado, Roberta and Young all voting "Aye". ORDINANCE N0. 6286 AUTHORIZING ANL" DIRECTING THE CITY MANAGER TO E!L'EOUTE, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, AMDMENT N0. 1 TO GRANT AGREEMENT ACCEPTED BY THE CITY ON THE 16TH DAY OF MARCH, 1960, AS AUTHORIZE BY ORDINANCE NO. 5711, A COPY OF WHICH AM6NDME1IT NO. 1 IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Mayor McDonald Commissioners Swaatner, Barnard, de Leon, Maldonado, Roberta and Young all vot- ing "Aye". The foregoing ordinance was passed by the following vote: Mayor McDonald, Commissioners Swentner, Barnard, de Leon, Maldonado, Roberts and Young all voting "Aye". Regular Council Meeting September 27, 1961 Page 5 ORDINANCE NO. 6287 • CANVASSING RETURNS AND DECLARING THE RESULTS OF AN ELECTION FOR THE PURPOSE OF DETERMINING WHETHER OR NOT CURRENT SERVICE CONTRIBUTIONS TO THE TEXAS MUNICIPAL RETIREMENT SYSTEM SHALL BE REDUCED FROM FIVE PERCENT (5%) OF EARNINGS TO THREE (3%) OF EARNINGS, WITH CORRESPONDING REDUCTIONS IN CURRENT SERVICE BENEFITS PAY- ABLE BY SAID SYSTEM, SAID ELECTION HAVING BEEN ORDERED BY ORDINANCE 1ft0. 6267, PASSED AND APPROVED ON AUGUST 30, 1961; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Mayor McDonald, Commissioners Svantner, Barnard, de Leon, Maldonado, Roberta and Young all vot- ing "Aye" • The foregoing ordinance was passed by the following vote: Mayor McDonald, Commissioners Swantner, Barnard, de Leon, Maldonado, Roberts and Young all voting "Aye". ORDINANCE N0. 6288 APPROPRIATING OUT OF N0. 220 STREET BOND IMPROVEMENT FUND THE SUM OF $800.00 FOR THE ACQUISITION OF PARCEL N0. 3, SAID PARCEL BEING MORE FULLY DESCRIBED HEREINAFTER, APPLICABLE TO PROJECT NO. 220-61-41, GREENWOOD DRIVE IMPROVEMENTS - PORT TO HORNE ROAD; AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE REAL ESTATE SALES CONTRACT FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI FOR THE ACQUISITION OF SAID PARCEL; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Mayor McDonald, Commissioners Swantner, Barnard, de Leon, Maldonado, Roberts and Young all vot- ing "Aye". The foregoing ordinance was passed by the following vote: Mayor McDonald, Commissioners Swantner, Barnard., de Leon, Maldonado, Roberts and Young all voting "Aye. ORDINANCE NO. 6289 OBLIGATING THE CITY OF CORPUS CHRISTI TO PROVIDE WITHOUT COST TO THE UNITED STATES ALL RIGHTS NECESSARY TO CARRY OUT DISASTER ASSISTANCE IN CORPUS CHRISTI, TEXAS, TO ALLEVIATE SUFFERING AND DAMAGES RESULTING FROM HURRICANE CARLA, IN- CLUDING RIGHTS OF ACCESS AND DISPOSAL AREAS AND TO HOLD AND SAVE THE UNITED STATES FRED FROM DAMAGES DUE TO SUCH ASSISTANCE; AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE SUCH INSTRUMENTS, INCLUDING THE AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, AND TO TAKE SUCH OTHER ACTION AS -IS NECESSARY TO OBTAIN ASSISTANCE UNDER PUBLIC LAW NO. 875; AND DECLARING AN EMERGENCY. The Charter rule wan suspended by the following vote: Mayor McDonald, Commissioners Swantner, Barnard, de Leon, Maldonado, Roberts and Young all vot- ing "Aye'" . The foregoing ordinance vas passed by the following vote: Mayor McDonald, Commissioners Swantner, Barnard, de Leon, Maldonado, Roberts and Young all voting "Aye". Regular Council Meeting September 27, 1961 Page 6 ORDINANCE NO. 6290 AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI ADOPTED ON THE 27TH DAY OF AUGUST, 1937, APPEARING OF RECORD IN VOLUME 9, PAGES 565, ET SEQ OF THE ORDINANCE AND RESOLUTION RECORDS, AS AMENDED FROM TIME TO TIME, AND PARTICULARLY AS AMENDED BY ORDINANCE N0. 6106, PASSED AND APPROVED ON THE 29TH DAY OF MARCH, 1961, BY AMENDING THE ZONING MAP BY CHANGING THE ZONING OF LOT 15, BLOCK 6, DEL MAR ADDITION, AN ADDITION TO THE CITY of CORPUS CHRISTI, TEXAS, FROM "R -1B" ONE FAMILY DWELLING DISTRICT TO "AB" PROFESSIONAL OFFICE DISTRICT: KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMER- GENCY. • The Charter rule was suspended by the following vote: Mayor McDonald, Commissioners Swantner, Barnard, de Leon, Maldonado, Roberta and Young all vot- ing "Aye". The foregoing ordinance was passed by the following vote; Mayor McDonald, Commissioners Svantner, Barnard, de Leon, Maldonado, Roberta and Young all voting "Aye". FIRST BEADING OF AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE FOR AND ON BEHALF OF THE CITY, AN OIL, GAS AND MINERAL LEASE ON LOTS 9 AND 10, SECTION 21, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, TO JAKE L. HAMON, COVERING THE UNDIVIDED ONE-HALF MINERAL INTEREST OF THE CITY IN SAID LAND, A COPY OF WHICH LEASE IS ATTACHED HERETO AND MADE A PART HEREOF, IN ACCORDANCE WITH THE BID OF SAID JAKE L. RAMON, FOR THE CASH CONSIDERATION OF $1,020.00 PLUS THE PUBLICATION COSTS, AS PROVIDED BY CHARTER. The foregoing ordinance was read for the first time and passed to its second reading by the following vote; Mayor McDonald, Commissioners Swantner, Barnard, de Leon, Maldonado, Roberts and Young all voting "Aye". Mayor McDonald stated that in connection with the following proposed ordinance, he preferred to disqualify himself from voting on its passage for the reason that he has an interest in a similar and competitive business as that in- volved in the application for the requested change of zoning. Mayor Pro Tem Swantner, taking over the Chair, requested City Attorney Singer to read the law and advise the Council concerning the legal requirements of a vote relative to this particular situation. City Attorney Singer referred to Article 1011e of the Texas Statutes which covers application of zoning, to the effect that in the event a petition of owners of 20% of the property within 200' of the area being considered for rezoning oppose the granting of the rezoning, then it requires a three-fourths majority of the whole Council in order to be effective as an amendment of the zoning ordinance; that if any of the members of the Council disqualify themeelves, • Regular Council Meeting September 27, 1961 Page 7 it requires three-fourths majority of the remaining membership of the Council in order to be effective; that in this instance, a petition is on file by the property owners who are more than 20% of the area within 200'; and that there- fore, since the Mayor has disqualified himself, it will require an affirmative vote of five of the City Council members for the proposed ordinance to become effective. ORDINANCE NO. 6291 AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI ADOPTED ON THE 27TH DAY OF AUGUST, 1937, APPEARING OF RECORD IN VOLUME 9, PAGES 565, ET SEQ OF THE ORDINANCE AND RESOLUTION RECORDS, AS AMENDED FROM TIME TO TIME, AND PARTICULARLY AS AMENDED BY ORDINANCE NO. 6106, PASSED AND APPROVED ON THE 29TH DAY OF MARCH, 1961, BY AMENDING THE ZONING MAP BY CHANGING THE ZONING OF LOTS 1, 2, 3 AND k, BLOCK 1102, BAY TERRACE ADDITION #2, AN ADDITION TO THE CITY OF CORPUS CHRISTI, TEXAS, FROM "A-2" APARTMENT HOUSE DISTRICT TO "B-1" NEIGHBOR- HOOD BUSINESS DISTRICT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS A/CEDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DE- CLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Mayor McDonald, Commissioners Swantner, Barnard, de Leon, Maldonado, Roberta and Young all vot- iag "Aye". The vote on the foregoing ordinance was as follows: Mayor McDonald disqualified himself; Commissioners Swantner, Maldonado and Young voted "Aye"; and Commissioners Barnard, de Leon and Roberts voted "Nay". Mayor McDonald resumed the Chair, and declared that the foregoing ordinance had failed to pass, and was therefore ineffective. Lev Hunt, attorney representing Thomas -Spann Hospital & Clinic, thanked the Council for the courteous manner in which they had heard both aides 1n this zoning controversy. At the suggestion of Commissioner Swantner, the matter of a suitable and acceptable district for funeral homes and mortuaries was referred to the Zoning & Planning Commission for study and recommendation, and Mayor McDonald suggested that a study of Brownlee Boulevard by the Commission was also in order. City Manager Whitney presented his report of the special investigation requested by the Council on activities of organized vice and gambling in the City, which the Council received without cement for individual study. Regular Council Meeting September 27, 1961 Page 8 Bill Block, attorney, representing Impact Advertising Company, re- quested immediate relief in the natter of restoring their advertising signs and billboards to the status quo before the hurricane Carla; discussed the effect of the new coning ordinance with respect to advertisiag signs and billboards; and stated that he has an application pending to have the Zoning & Planning Commission hold a hearing with respect to putting back certain powers is the Board of Adjustment. After discussion, it was decided that upon determination being established that the signs and billboards were a non -conforming use ani not in violation, the company would be entitled to a permit to rebuild, and that after the hearing with regard to the powers of the Board of Adjustment, the Zoning & Planning Commission will make its recommendation to the Council. Ernest Bobys, President of Impact Advertising Co., also spoke in support of the foregoing request. Reverend Raymond Perkins, pastor of Tuloso-Midway Baptist Church, appeared in the matter of obtaining water for the Church, and explained the problem. City Manager Whitney reviewed the situation for the Council, and explained the City's plans for the installation of maker lines which will be adequate to serve the entire development in the area and the manner of deter- mining the pro rata costs on the basis of percentage of total acreage. Mayor McDonald appointed Commissioners Swaataer and Barnard to work the matter out with City Manager Whitney, Mr. Letch, Director of Public Utilities, and Atlee Cunningham, Superintendent of the Water Division. Commissioner Barnard suggested that the Council encourage the re- establishing of Texas League Baseball in the City. Mayor McDonald requested that a suitable resolution be prepared that the Council would morally support and encourage efforts to re-establish organized baseball in Corpus Christi and would assist in a governmental way persons with specific propositions in this regard. City Manager Whitney presented a proposed Civil Defense ordinance to replace the one recently passed and approved, and Mayor McDonald pointed out and explained the changes as mainly to separate the advisory from the opera- tional set up and functions. . • Regular Council Meeting September 27, 1961 Page 9 ORDINANCE N0. 6292 CREATING A MUNICIPAL CIVIL DEFENSE AND DISASTER RELIEF ORGANIZATION FOR THE CITY OF CORPUS CHRISTI AND SPECirrING THE POWERS OF SUCH ORGANIZATION; CREATING A CIVIL DEFENSE ADVISORY COUNCIL AND A DEPARTMENT OF CIVIL DEFENSE FOR THE CITY OF CORPUS CHRISTI AND ESTABLISHING THE OFFICE OF MUNICIPAL CIVIL DEFENSE C00RDINATOR AND CHAIRMAN OF CIVIL IMMENSE ADVISORY COUNCIL AND CHAIR- MAN OF CML DEFENSE DEPARTMENT AND PROVIDING THE DUTIES ARD RESPONSIBILITIES OF SUCH OFFICES; CREATING AN OPERATIONAL ORGANIZATION AND SPECIFYING ORGANIZA- TIONAL ACTIVITIES TO BE UNDERTAKEN AND CHANGE OF COMMAND; GRANTING ALL NECESSARY POWERS TO COPE WITH EMERGENCY THREATENING LIFE AND PROPERTY IN THE CITY OF CORPUS CHRISTI; AUTHORIZING COOPERATION AND MUTUAL AID AGREEMENTS FOR RELIEF WORK BETWEEN CORPUS CHRISTI AND NUMBS COUNTY, AND BETWEEN CORPUS CHRISTI AND OTHER CITIES AND COUNTIES AND PROVIDING FOR MUTUAL AID AGREEMENTS WITH RED CROSS AND OTHER NON-GOVERNMENTAL AND QUASI-GOVERI@ENPAL AGENCIES AND FOR RE- LATED PURPOSES; FURTHER PROVIDING FOR WARNING SIGNALS AND ALL -CLEAR SIGNALS AND PROHIBITING UNAUTHORIZED LIGHTS; AND PROVIDING GENERAL EMERGENCY POWERS OF A CIVIL DEFENSE C00RDINATOR AND OTHER OFFICES HEREIN ESTABLISHED; FURTHER PROVIDING FOR CONTINUITY OF GOVERNE1IT AND PRESERVATION OF RECORDS IN TIME OF CITY OR AREA DISASTERS AND MAKING VIOLATIONS A MISDEMEANOR, PUNISHABLE BY A 1.. FINE NOT NXCEEDING TWO HUNDRED ($200.00) DOLLARS; PROVIDING FOR PUBLICATION; PROVIDING THAT THIS ORDINANCE SHALL BE IN LIEU OF ORDINANCE NO. 6273 AND RE- PEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND I CLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Mayor McDonald, Commissioners Swantner, Barnard, de Leon, Maldonado, Roberts and Young all vot- ing "Aye". The foregoing ordinance was passed by the following vote: Mayor McDonald, Comnissionere Swentner, Barnard, de Leon, Maldonado, Roberta and /bung all voting "Aye". Mayor McDonald requested that copies of the foregoing ordinance be sent to those Cities and lawyers who have written asking for it. There being no further business to come before the Council, the meeting MIS adjourned. I, BEN F. McDONALD, Mayor of the City of Corpus Christi, Texas, certify that the foregoing minutes, same being for the period of September 6, 1961, through September 27, 1961, inclusive, and having been previously approved by Council action, are by me hereby approved. BEN F. McDONALD, Mayor City of Corpus Christi, Texas