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HomeMy WebLinkAboutMinutes City Council - 10/11/1961PRESENT: Mayor Ben F. McDonald Commissioners: Tom R. Swantner Dr. James L. Barnard J. R. de Leon M. P. Maldonado W. J. Roberts Jim Young }L Lc 1 REGULAR COUNCIL MEETING October 11, 1961 2:00 P.M. City Manager Herbert W. Whitney Ase't City Attorney Wayland Pilcher City Attorney I. M. Singer City Secretary T. Ray Kring Mayor Ben F. McDonald called the meeting to order. The Invocation vas given by the Rt. Rev. Msgr. Albert Schmitt, Pastor of Corpus Christi Cathedral. City Secretary T. Ray Kring called the roll of those in attendance. Motion by Barnard, seconded by Young, with Roberts abstaining, that the minutes of the regular meeting of October 4, 1961, be approved as furnished to the Council. Commissioner Roberts stated that he had abstained because he had not yet read his copy of the minutes. Mayor McDonald announced the opening of bids. Bids were opened and read on 750' of 22" and 1,000' of 3" double cotton jacket Fire Rose from the following: Alamo Iron Works (Corpus Christi); American LaFrance Formite Corp. (Houston); Blaze Guard Mfg. Co. (N. Bergen, N.J.); Norvell- Wilder Supply Co. (Corpus Christi); and SAMSCO (Corpus Christi). 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 announced the public hearing on the application of the abutting property owners for the closing of an alley in Brayton Addition. City Manager Whitney presented a aketchshowing the location of the 8' wide pedestrian walkway running between So. Tancahua St. and So. Carancahua St.; stated that there are no utilities situated within the alley; and that he saw no objection to the requested closing. Kenneth R. Darrah, 414 So. Tancahua, and Mrs. Pauline Kraft, 411 So. Carancahua, both spoke in favor of the closing of the alley on the basis of their petition. No one appeared in opposition to the closing. Mayor McDonald declared the hearing to be closed. Regular Council Meeting October 11, 1961 Page #2 • Motion by Young, seconded by Maldonado and passed, with Commissioner Barnard not voting, that the alley described as the north 4' of Lots 3 and 6, and the south 4' of Lots 4 and 5, of Block 2 of Brayton Addition, be closed. Commis- sioner Barnard requested that it be recorded that he had disqualified himself be- cause of a personal interest in the matter. A symbolic mortgage burning ceremony, occasioned by final payment by the City having been made more than a year ahead of schedule on a contract with Richards and Roth, air-conditioning contractors, to air-condition Exposition Hall, were participated in by the Mayor and Council, Mr. Richards, and Lew Bordon, Lon Lacey, Homer Innis, Joe Watson, and John Nugent of the Chamber of Commerce. Mayor McDonald called for the City Manager's Reports. Motion by Barnard, seconded by de Leon and passed, with Commissioner Swantner voting "Nay" on Item "b" only as indicated below under Item "b", that the recommendations and requests of theCity Manager be approved and granted as follows: a. That the award of contract for construction of Greenwood Drive Street Improvements, between Port and Horne, be made to Heldenfels Brothers, the low bidder; and that the sum of $150,100.00 be appropriated for this project to cover the contract price less estimated assessments, contingencies, laboratory control, legal advertising, expert testimony for public hearing, adjusting traffic signals, and engineering by City Forces; b. That the award of bid on several foundry items of Meter Boxes, Man- hole Rings & Covers be made on the basis of low bid meeting specifications, to 5 firms as follows: Items 1, 12, and 13 to Alamo Iron Works for a total of $7,753.40; Item 5 to Dallas Foundry, Inc., for a total of $175.00; Item 4, 6, 7, and 8 to Gulf Star Foundries for a total of $1,092.70; Items 9, 10, 11, and 19 to Opelika Foundry Co., Inc., for a total of $9,360.00; and Items 2, 3, 14, 15, 16, 17, 18, and 20 to San Antonio Machine & Supply Co., for a total of $8,788.50; for a grand total of $27,169.60; (See Bid Tabulation #51 in File) Commissioner Swantner moved, that since the specifications had been changed after the first opening and tabulation to provide that the contracts be • Regular Council Meeting October 11, 1961 Page #3 awarded on the basis of Items separately rather than on an all or none basis; that the bids on the foregoing foundry items be awarded only to those firms who had bid the first time, disqualifying the bidders who had not bid the first time. This motion died for lack of a second, and Commissioner Swantner requested that he be recorded as voting "Nay" on Item "b" above. c. That the award of bid on an estimated 12 -months' supply of Survey Stakes be made on the basis of low bid meeting specifications to Armstrong Lumber Company for a total less discount of $1,274.63; (See Bid Tabulation #52 in File) d. That authority to advertise for bids to be received on October 25, 1961, on an estimated 12 -months' supply of various quantities and sizes of Galvanized Steel Pipe, be granted; e. That the Tax Error and Correction List for September, 1961, be approved; f. That the date of October 18, 1961, during the regular Council meeting be set for public hearing on an application for the closing of an alley running north and south between Peoples and Starr Street in Block 6, Water Beach Addition; g. That the date of November 1, 1961, during the regular Council meeting be set for public hearing on the re -zoning application of E. W. Harmsen and H. H. Stephenson; h. That a supplemental budget for Civil Defense in the amount of $8,090:00 to provide the minimum staffing and necessary expenses to perform the functions of the accelerated new program, making a total revised budget of $14,359.00, be ap- proved; that authority to transfer sufficient monies out of the General Fund Reserve to take care of this additional appropriation of $8,090.00 be granted; and that Col. Earl Dunn be continued as Civil Defense Director and L. W. (Lou) Harrell be appointed Assistant Director; In connection with the foregoing Item "h", Mayor McDonald stated that he concurred in the foregoing recommendation, and was submitting herenow, that Col. Earl Dunn be appointed Director of Civil Defense, and L. W. (Lou) Harrell be ap- pointed Assistant Director of Civil Defense, which constituted a dual appointment, being appointed by the Mayor, confirmed by the Council, under the terms of the Ordinance, and by the City Manager as City Employees. There being no objections voiced to the foregoing appointments, Mayor McDonald declared the appointments to be confirmed. • • Regular Council Meeting October 11, 1961 Page #4 i. That funds up to $7,500.00 be provided for additional soil studies requested by the Oso Study Committee, such funds to be administered by the Public Works Department as needed, and to include professional employment for the necessary engineering; j. That W. Armstrong Price, oceanographer, be retained for professional services on the basis of $100.00 per day for 4 or 5 days to assist in preparing the City's report on the matter of hurricane protection for Corpus Christi Beach and other areas in the City, and $200.00 for professional services on November 7th, total not to exceed $1,000, at the public hearing being held by the Corps of Engineers at Exposition Hall. In connection with the foregoing Item "j", Mayor McDonald requested all of the Council to urge organizations to pass resolutions supporting the City's position in this matter, and designated Commissioners Roberts and Maldonado as re- presentatives of the Council to work with Mr. Wm. Anderson, Mr. G. C. Letch and the City Staff in coordinating with other coastal cities an effective presentation to the Corps of Engineers at the public hearing on November 7, 1961. Mayor McDonald declared a brief recess. Mayor McDonald reconvened the meeting at 3:40 p. m. ORDINANCE NO. 6299 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A CONTRACT WITH HELDENFELS BROTHERS, CONTRACTORS, FOR THE CON- STRUCTION OF GREENWOOD DRIVE STREET IMPROVEMENTS, PORT AVENUE TO HORNE ROAD; APPRO- PRIATING THE SUM OF $150,100.00 OUT OF NO. 220 STREET BOND FUNDS, OF WHICH AMOUNT $130,000.00 IS FOR CONSTRUCTION OF CITY PORTION OF WORK (AFTER ASSESSMENTS); $4,000.00 IS FOR CONTINGENCIES; $3,500.00 IS FOR LABORATORY TESTING; $100.00 IS FOR LEGAL ADVERTISING; $300.00 IS FOR EXPERT TESTIMONY FOR PUBLIC HEARING ON ASSESS- MENTS; $160.00 IS FOR ADJUSTING TRAFFIC SIGNALS; AND $12,040.00 IS FOR ENGINEER- ING BY CITY FORCES, ALL APPLICABLE TO PROJECT NO. 220-61-41; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Mayor McDonald, Swantner, Barnard, de Leon, Maldonado, Roberts and Young voting "Aye". The foregoing ordinance was passed by the following vote: Mayor McDonald, Swantner, Barnard, de Leon, Maldonado, Roberts and Young voting "Aye". ORDINANCE NO. 6300 AMENDING ORDINANCE NO. 6080 PASSED AND APPROVED BY THE CITY COUNCIL ON THE 22ND DAY OF FEBRUARY, 1961, BY AMENDING SECTION 3 OF SAID ORDINANCE, CORRECTING THE NAMES OF THE OWNERS AND CORRECTING AND ADJUSTING THE ASSESSMENTS LEVIED AGAINST ABUTTING • Regular Council Meeting October 11, 1961 Page #5 PROPERTY OWNERS ON WEBER ROAD FROM THE SOUTHEASTERLY BOUNDARY LINE OF SOUTH STAPLES STREET TO THE NORTHEASTERLY BOUNDARY LINE OF LEXINGTON BOULEVARD AND GOLLIHAR ROAD FROM 120 FEET SOUTHEAST TO 120 FEET NORTHWEST OF WEBER ROAD, AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Mayor McDonald, Swantner, Barnard, de Leon, Maldonado, Roberts and Young, voting "Aye". The foregoing ordinance was passed by the following vote: Mayor McDonald, Swantner, Barnard, de Leon, Maldonado, Roberts and Young, voting "Aye". ORDINANCE NO. 6301 RECEIVING AND ACCEPTING THE CONSTRUCTION OF WEBER ROAD IMPROVEMENTS AS PERFORMED BY THE CONTRACTOR, SOUTH TEXAS CONSTRUCTION COMPANY, UNDER THEIR CONTRACT DATED DECEMBER 19, 1960, AUTHORIZED BY ORDINANCE NO. 6001; AUTHORIZING THE PAYMENT OF FINAL ESTIMATE NO. 8, DATED SEPTEMBER 22, 1961, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, IN THE AMOUNT OF $60,006.18, SAID PAYMENT TO BE MADE FROM REMAINING FUNDS PREVIOUSLY APPROPRIATED IN THE AMOUNT OF $37,977.35 OUT OF NO. 295 STORM SEWER BOND FUND, IN ADDITION TO THE SUM OF $22,028.83 FROM NO. 220 STREET BOND FUNDS OF WHICH $20,730.10 IS HEREBY APPROPRIATED AND $1,298.73 IS REAPPROPRIATED FROM FUNDS PRE- VIOUSLY APPROPRIATED FOR LABORATORY CONTROL; APPROPRIATING THE ADDITIONAL SUM OF $32,965.43 FROM NO. 220 STREET BOND FUND FOR PAYMENT OF SPECIAL CERTIFICATES OF HOME- STEAD ASSESSMENTS ACCEPTED BY THE CITY, ALL APPLICABLE TO PROJECTS NO. 220-56-25 AND NO. 295-53-29; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Mayor McDonald, Swantner, Barnard, de Leon, Maldonado, Roberts and Young, voting "Aye". The foregoing ordinance was passed by the following vote: Mayor McDonald, Swantner, Barnard, de Leon, Maldonado, Roberts and Young, voting "Aye". ORDINANCE NO. 6302 AMENDING SECTION 9-34(e) OF THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, SO AS TO PROVIDE ADDITIONAL POWERS FOR THE YACHT BASIN SUPERVISOR TO CONTROL THE CONDUCT OF PERSONS AND THE PARKING OF VEHICLES WITHIN THE CORPUS CHRISTI YACHT BASIS; AMENDING SECTION 9 SO AS TO INCLUDE THEREIN A NEW SUB -SECTION 41 (h) PROVIDING RULES AND REGULATIONS FOR THE CONDUCT OF PERSONS WITHIN THE CORPUS CHRISTI YACHT BASIN; AMENDING SECTION 9 SO AS TO INCLUDE THEREIN A NEW SUB -SECTION 60 PROVIDING FOR THE PARKING OF VEHICLES WITHIN THE CORPUS CHRISTI YACHT BASIS; AMENDING SECTION 9 SO AS TO INCLUDE THEREIN A NEW SUB -SECTION 61 GIVING THE YACHT BASIN SUPERVISOR THE POWER TO REVOKE SLIP RENTAL TO WATER CRAFT OF THOSE VIOLATING RULES AND REGULATIONS OF THE CORPUS CHRISTI YACHT BASIN; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Mayor McDonald, Swantner, Barnard, de Leon, Maldonado, Roberts and Young, voting "Aye". The foregoing ordinance was passed by the following vote: Mayor McDonald, Swantner, Barnard, de Leon, Maldonado, Roberts and Young, voting "Aye". ORDINANCE NO. 6303 AN ORDINANCE PROVIDING FOR PARTICIPATION IN THE TEXAS MUNICIPAL RETIREMENT SYSTEM BY THE CITY OF CORPUS CHRISTI, TEXAS, PROVIDING FOR AND ELECTING TO HAVE ALL OF THE EM- PLOYEES OF DESIGNATED DEPARTMENTS OF THE CITY GOVERNMENT, PARTICIPATE IN SUCH SYSTEM; AND ACCEPTING ALL OF THE OBLIGATIONS AND BENEFITS OF SUCH SYSTEM; AND DECLARING AN EMERGENCY. Regular Council Meeting October 11, 1961 Page #6 The Charter rule was suspended by the following vote: Mayor McDonald, Swantner, Barnard, de Leon, Maldonado, W. J. Roberts and Young, voting "Aye". The foregoing ordinance was passed by the following vote: Mayor McDonald, Swantner, Barnard, de Leon, Maldonado, W. J. Roberts and Young, voting "Aye". ORDINANCE NO. 6304 AUTHORIZING AND DIRECTING THE CITY MANAGER, H. W. WHITNEY, TO EXECUTE, FOR AND ON BEHALF OF THE CITY, AN AGREEMENT AND APPLICATION FOR FEDERAL FINANCIAL ASSISTANCE UNDER PUBLIC LAW NO. 875, 81ST CONGRESS, AS AMENDED, FOR THE SUM OF $33,281.96 FOR THE CITY FOR DAMAGES CAUSED BY HURRICANE "CARLA" ON OR ABOUT SEPTEMBER 10, 1961, AS MORE FULLY SET OUT IN THE AGREEMENT AND APPLICATION, 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: Mayor McDonald, Swantner, Barnard, de Leon, Maldonado, Roberts and Young, voting "Aye". The foregoing ordinance was passed by the following vote: Mayor McDonald, Swantner, Barnard, de Leon, Maldonado, W. J. Roberts and Young, voting "Aye". SECOND READING OF AN ORDINANCE GRANTING TO MRS. ELIZABETH HALE A FRANCHISE TO USE A PORTION OF STREET RIGHT-OF-WAY LOCATED AT THE INTERSECTION OF AVENUE "A" AND FOGG STREET FOR THE PURPOSE OF OPERATING A FISHING PIER; PROVIDING FOR CHARGES; PROVIDING FOR REASONABLE RATES; PROVIDING FOR THE PROTECTION OF THE PUBLIC AGAINST PERSONAL INJURY AND PROPERTY DAMAGE FROM THE OPERATION AND CONDITION THEREOF; AND PROVIDING FOR CANCELLATION AND FORFEITURE OF SAID FRANCHISE. The foregoing ordinance was read for the second time and passed to its third reading_bp the following vote: Mayor McDonald, Swantner, Barnard, de Leon, Maldonado, Roberts and Young, voting "Aye". SECOND READING OF AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A LEASE AGREEMENT WITH TOMMY M. BERNSEN, LEASING TO SAID TOMMY M. BERNSEN A TRACT OF LAND CONTAINING APPROXI- MATELY 35 ACRES, SITUATED IN NUECES COUNTY, TEXAS, LOCATED ON THE 0. N. STEVENS FILTRATION PLANT PROPERTY, AT THE INTERSECTION OF HIGHWAY 71, UP RIVER ROAD AND HEARN ROAD, WEST SECTION OF SAID PROPERTY, TO BE USED FOR FARING AND AGRICULTURAL PURPOSES, FOR A TERM OF TWO (2) YEARS BEGINNING OCTOBER 1, 1961, AND ENDING SEPT- EMBER 30, 1963, IN ACCORDANCE WITH TRE FORM PRESCRIBED BY ORDINANCE NO. 4657, PASSED AND APPROVED BY THE CITY COUNCIL ON THE 24TH DAY OF OCTOBER, 1956. An ordinance amending the Electrical Code to permit Romex installation in dwelling unit structures not exceeding 8 units was presented. There followed a legnthy discussion as to the economic and safety factors involved in the pro- posed use of Romex installation compared with the present requirement of metalic conduit installation of electric wiring in other than single family or duplex dewllings. Bill Miller, member of the Examining and Supervising Board of Elec- tricians of the City, spoke in opposition to the proposed change on the basis Regular Council Meeting October 11, 1961 Page #7 that it was weakening the Code, rather than strengthening it, in respect to safety; Mr. Jenard Gross, building contractor, spoke in favor of the change on the basis of the difference in cost and on the fact that the proposed use of Romex installa- tion would still comply with the National Electrical Code; Chuck Prieb, building contractor, questioned the need for limiting the proposed permitted use to 8 units on the basis that if it was safe for any multiple use it was safe for all multiple use; and Mr. Green, of Clyde Fairbarin, electrical contractor, explained that the National Electrical Code was for the purpose of providing minium requirements, and questioned Mr. Gross' figures as to the difference in cost between the two installa- tions. Motion by Barnard, seconded by de Leon that the matter be deferred for one week and referred to the local Electrical Engineering Society for a recommenda- tion with regard to the safety factor. After an explanation that the City Code ex- cludes Romex installation from masonry construction, Commissioner Barnard withdrew his motion. Motion by Swantner, seconded by Maldonado and passed that the proposed amendment be amended to provide that Romex installation in dwelling unit structures' exceeding duplex structures be allowed only in wood stud, dry wall construction when approved by the City Electrical Inspector. ORDINANCE NO. 6305 AMENDING THE ELECTRICAL CODE OF THE CITY OF CORPUS CHRISTI, TEXAS, BEING ORDINANCE NO. 2204, PASSED AND APPROVED ON THE 30TH DAY OF DECEMBER, 1947, ENTITLED "AN ORDINANCE REGULATING ELECTRIC WIRING WITHIN THE CORPORATE LIMITS OF THE CITY OF CORPUS CHRISTI, TEXAS, FOR SAFEGUARDING PERSONS AND PROPERTY AND PROMOTING THE WELFARE OF THE PUBLIC; CREATING THE OFFICE OF CHIEF ELECTRICAL INSPECTOR AND PRESCRIBING HIS DUTIES, RIGHTS AND AUTHORITIES; ESTABLISHING STANDARDS FOR ELECTRICAL EQUIPMENT AND FOR ITS INSTALLATION AND REQUIRING CONFORMITY THEREWITH; MAKING IT UNLAWFUL TO UNDERTAKE THE INSTALLATION OF ELECTRICAL EQUIPMENT WITHOUT A PERMIT THEREFOR, EXCEPT AS OTHERWISE PROVIDED; PROVIDING FOR THE REGISTRATION OF ELECTRICAL WORKERS AND CON- TRACTORS; ESTABLISHING INSPECTION PERMIT FEES; PROVIDING PENALTIES FOR THE VIOLATION OF THIS ORDINANCE", AS AMENDED, BY AMENDING SUBSECTION (a) OF SECTION 9=7 PERMITTING ROMEX INSTALLATION IN CERTAIN DWELLING UNIT STRUCTURES; CONTAINING A SAVINGS CLAUSE; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR ,PUBLICATION; PROVIDING FOR AN EFFECTIVE DATE; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Mayor McDonald, Swantner, Barnard, de Leon, Maldonado, Roberts, and Young, voting "Aye". The foregoing ordinance was passed by the following vote: Mayor McDonald, Swantner, Barnard, de Leen, Maldonado, Roberts and Young, voting "Aye". There being no further business to come before the Council, the meeting was adjourned,