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HomeMy WebLinkAboutMinutes City Council - 11/08/1961REGULAR COUNCIL MEETING November 8, 1961 2:00 P. M. PRESENT: Mayor Ben F. McDonald Commissioners: Tom R. Swantner City Manager Herbert W. Whitney Dr. James L. Barnard City Attorney I. M. Singer J. R. de Leon Acting City Secretary Doris Francis M. P. Maldonado W. J. Roberts Jim Young Mayor Ben F. McDonald called the meeting to order. The Invocation was given by Reverend Hollier G. Tomlin of St. Bartho- lomew Episcopal Church. Acting City Secretary Mrs. Doris Francis called the roll of those in attendance. Motion by de Leon, seconded by Young and passed that the minutes of the regular meeting of November 1, 1961, be approved as furnished to the Council. Mayor McDonald read a proclamation designating November 11, 1961, as Veteran's Day in Corpus Christi, and recognized representatives from local Veteran's organizations, the American Legion Post #248; American Legion Post #364; Veterans of Foreign Wars; the G. I. Forum;and Disabled American Veterans. Special recogni- tion was given Mr. George H. Kramer, Sr., a Spanish American War Veteran who served with the 15th Regular Army from the State of Pennsylvania and now lives. at 6329 Trixie Street of this City. Mayor McDonald also recognized the presence of Mr. James M. Summers, Second Assistant Principal of Mary Carroll High School and six representatives of the Student Council. The students present were Ellis Carmichael, Ronny Ozio, Suzy Kitchen, Sharlotte Throneburg, Linda Miller and Nancy Jenkins. The group had been invited by the City Council as a civic project. Mayor McDonald announced the opening of bids. Bids were opened and read on Sanitary Sewer Relocations for Crosstown Expressway, Unit I, being the construction of sanitary sewers from 8" to 30" in size, from Leopard Street to Morris Street, from the following: Heldenfels Brothers (Corpus Christi); FOWCO Construction Company (Corpus Christi); T. H. Lee, Contractor (Corpus Christi); and Slovak Brothers (Corpus Christi). Bids were opened and read on Marina Improvements, Unit I, consisting of 19 single mooring piles and 2 timber piers from the following: The Goldston Company (Corpus Christi; and Austin Bridge Company (Corpus Christi. Regular Council Meeting November 8, 1961 Page #2 Bids were opened and read on an estimated 12 -months' supply of Lubricated Plug Valves in sizes 2" through 8" from the following: Allied Plumb- ing Supply (Corpus Christi); McAllen Pipe & Supply Company, Inc. (McAllen); Municipal Pipe & Fabricating Company (Houston); Phoenix Supply Company (Corpus Christi); Rockwell Manufacturing Company (Houston); The Rohan Company, Inc. (Waco); SAMSCO (Corpus Christi); W - K - M, Inc. (Houston); Wallace Company, Inc. (Corpus Christi); Republic Supply Company (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. G. Mr. C, R. Welch, owner of Corpus Christi Janitor Supply Company,appear- ed and presented to the City 10 new push -type waste receptacles as a goodwill gesture. Mayor McDonald read Mr. Welch's letter praising the City of Corpus Christi which stated that he felt the City had been good to him and that he wanted to do something to show his gratitude and appreciation. Mayor McDonald called for the City Manager's Reports. The recommendations and requests of the City Manager, with the excep- tion of Item "f" as indicated below under Item "f" were approved as follows: a. That acceptance and final payment of Estimate #10 in the amount of $1,000.00 to Heldenfels Brothers for the construction of the Holly Road Water Line, be approved; b. That the award of bid on 9 items of Galvanized Steel Pipebe made to Phoenix Supply Comp4ny on the basis of low bid meeting specifications for a total of $2,482.18; (See Bid Tabulation #58 in File) c. That the award of bid on 750 feet of 2-1/2" Fire Hose be made to Blaze Guard Manufacturing Company, the low bidder, for a total amount of $652.50; that all bids on 3" Fire Hose be rejected on the basis they did not meet specifi- cations; (See Bid Tabulation #59 in File) d. That authority to advertise for bids to be received November 22, 1961, on 645 L.F. Reinforced Concrete Storm Sewer Pipe, be granted; e. That the Farm Lease Agreement with Mr. Roy Smith to farm 28.51 acres of land in South Guth Park for a period of one year becoming effective • Regular Council Meeting November 8, 1961 Page #3 September 1, 1961, and ending August 31, 1962, be renewed: f. (See Motion and discussion below) g. That peak hour parking restrictions be installed on Lipan Street from Upper Broadway to 19th Street, restrictions to be from 7 to 9 a.m., on the south side of Lipan and from 4 to 6 p.m., on the north side of Lipan Street through- out the area; jgnal light permitting h. That a traffic actuated/left turn movement be installed at Staples and Minnesota Streets at a cost of $2,800.50, and that an island only be construct- ed at Staples and Hamlin Drive at a cost of $1,586.00; total cost of the two pro- jects to be $4,368.50; Motion by Barnard that Item "f" above regarding the recommendation of the City Manager that the Nueces County Employees Entertainment Committee's request to use Exposition Hall for their Annual Cnristmas Party on the night of December 8, 1961, under Class 4 of the ordinance which governs such use, not be granted on the grounds that it would set a bad precedent, allowing otner groups to make the same request. The motion died for lack of a second. Mrs. Levi Materne, 325 Ohio, appeared and stated that she opposed the proposal since taxpayers as a whole would not benefit from a County Christmas party. Motion by de Leon, seconded by Barnard and passed that Item "f" be withdrawn from the agenda and tabled for one week pending further inquiry into the matter. Mayor McDonald reconvened the recessed hearing of last week on the proposed wording of amendments to the text of the Zoning Ordinance which had been recessed pending the final draft and recommendation of the Zoning & Planning Commission. City Manager Whitney presented and read the recommendation of the Zoning & Planning Commission on the portion of the proposed amendments with re- spect to Underground Shelters. No one appeared to speak either for or against this proposed amend- ment. Motion by Swantner, seconded by de Leon and passed that the recom- mendation of the Zoning & Planning Commission be concurred in, and the following • Regular Council Meeting November 8, 1961 Page #4 amendment to the text of the Zoning Ordinance be approved: Section 3-1.67.1 (New Section under "Definitions") "Underground Shelters. A structure, designed for the protection of humans from nuclear blast, heat or fall -out, the main portion of which is covered by soil and said soil covering does not extend more than two feet above grade; ordinary and usual vents, hatches and other projections from the main portion of said structure are not in this definition." Amend Section 27-3.01.02 by changing the period at the end of said section to a semi -colon and adding thereto the following: "provided further that vents, hatches and other ordinary and usual projections from underground shelters, the design of which has been approved by the Federal Office of Civil Defense and Mobilization, or its successors, shall be per- mitted in any yard area, excluding easements, required by this ordinance." Mayor McDonald declared the hearing again recessed for another week pending recommendation from the Zoning & Planning Commission with respect to the other proposed text amendments. ORDINANCE NO. 6322 RECEIVING AND ACCEPTING THE CONSTRUCTION OF THE HOLLY ROAD WATER LINE, PROJECT NO. 202-59-23.1, AS PERFORMED BY THE CONTRACTOR, HELDENFELS BROTHERS, UNDER THEIR CON- TRACT WITH THE CITY DATED AUGUST 2, 1960, AUTHORIZED BY ORDINANCE NO. 5817; AUTHOR- IZING PAYMENT OF FINAL ESTIMATE NO. 10 IN THE AMOUNT OF $1,000.00, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, SAID PAYMENT TO BE MADE FROM NO. 202 WATERWORKS BOND CONSTRUCTION FUNDS PREVIOUSLY APPROPRIATED; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Mayor McDonald, Commissioners Swantner, Barnard, de Leon, Maldonado, Roberts and Young, voting "Aye" The foregoing ordinance was passed by the following vote: Mayor McDonald, Commissioners Swantner, Barnard, de Leon, Maldonado, Roberts and Young, voting "Aye". RESOLUTION NO. 6323 EXPRESSING APPRECIATION TO U. S. ARMY CORPS OF ENGINEERS FOR A TASK WELL-DONE TO ALLEVIATE AND REPAIR THE DAMAGES CAUSED BY HURRICANE CARLA; DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Mayor McDonald, Commissioners Swantner, Barnard, de Leon, Maldonado, Roberts and Young, voting "Aye". Regular Council Meeting November 8, 1961 Page #5 • The foregoing Resolution was passed by the following vote: Mayor McDonald, Commissioners Swantner, Barnard, de Leon, Maldonado, Roberts and Young, voting "Aye". ORDINANCE NO. 6324 AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, CONSENT AGREEMENTS WITH THE TEXAS MEXICAN RAILWAY COMPANY FOR CROSSING RAILROAD RIGHT OF WAY AT OMAHA DRIVE WITH 16" WRAPPED STEEL HIGH PRESSURE GAS MAIN, INCASED AND VENTED, AND FOR CROSSING RAILROAD RIGHT OF WAY OF THE TEXAS MEXICAN RAILWAY COMPANY AT BROWNLEE BOULEVARD WITH 8" WRAPPED STEEL INTER- MEDIATE PRESSURE GAS LINE INCASED AND VENTED, ALL IN ACCORDANCE WITH THE AGREEMENTS, COPIES OF WHICH ARE ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Mayor McDonald, Commissioners Swantner, Barnard, de Leon, Maldonado, Roberts and Young, voting "Aye". The foregoing ordinance was passed by the following vote: Mayor McDonald, Commissioners Swantner, Barnard, de Leon, Maldonado, Roberts and Young, voting "Aye". ORDINANCE N0. 6325 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 AMEND- ING THE ZONING MAP BY CHANGING THE ZONING OF LOTS 29 AND 30, BLOCK 6, EL REY ADDI- TION, AN ADDITION TO THE CITY OF CORPUS CHRISTI, TEXAS, FROM "R -1B" ONE FAMILY DWELLING DISTRICT TO 'B-1" NEIGHBORHOOD BUSINESS DISTRICT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Mayor McDonald, Commissioners Swantner, Barnard, de Leon, Maldonado, Roberts and Young, voting "Aye". The foregoing ordinance was passed by the following vote: Mayor McDonald, Commissioners Swantner, Barnard, de Leon, Maldonado, Roberts and Young, voting "Aye". ORDINANCE NO. 6326 AUTHORIZING EMINENT DOMAIN PROCEEDINGS BY THE CITY OF CORPUS CHRISTI TO CONDEMN FEE TITLE TO A CERTAIN PARCEL OF LAND OWNED BY RICHARD VALDEZ, WHICH LAND IS LOCATED IN NUECES COUNTY, TEXAS, AND IS MORE PARTICULARLY DESCRIBED AS A TEN FOOT (10') STRIP OF LAND OFF THE NORTHWEST SIDE OF LOT 14, BLOCK 6, CORPUS HEIGHTS ADDITION, AN ADDITION TO THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, SAVE AND EXCEPT THE SOUTHWEST THIRTY-FOUR FEET (34') HERETOFORE CONVEYED TO NUECES COUNTY BY RIGHT OF WAY DEED DATED NOVEMBER 21, 1942, EXECUTED BY J. 0. CHAPMAN AND RECORDED IN VOLUME 284, PAGE 465, DEED RECORDS, NUECES COUNTY, SAID CONDEMNATION BEING NECESSARY FOR PUBLIC STREET PURPOSES FOR THE WIDENING AND IMPROVING OF GREENWOOD DRIVE 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. Regular Council Meeting November 8, 1961 Page #6 The Charter rule waa suspended by the following vote: Mayor McDonald, Commissioners Swantner, Barnard, de Leon, Maldonado, Roberts and Young, voting "Aye". The foregoing ordinance was passed by the following vote: Mayor McDpaald, Commissioners Swantner, Barnard, de Leon, Maldonado, Roberts and Young, voting "Aye". ORDINANCE NO. 6327 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A RELEASE OF SPECIAL ASSESSMENT IN THE AMOUNT OF $2,000.57 AGAINST THAT CERTAIN PROPERTY FRONTING 259.75 FEET ON THE NORTHEAST SIDE. OF ALAMEDA STREET, DESCRIBED AS LOTS 28, 29 AND 30, BLUFF ESTATES, AND THE OWNER THEREOF, R.O. BEST; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Mayor McDonald, Commissioners Swantner, Barnard, de Leon, Maldonado, Roberts and Young, voting "Aye". The foregoing ordinance was passed by the following vote: Mayor McDonald, Commissioners Swantner, Barnard, de Leon, Maldonado, Roberts and. Young, voting "Aye". ORDINANCE NO. 6328 APPROPRIATING THE SUM OF $4,368.50 OUT OF NO. 209 STREET TRAFFIC CONTROL SYSTEM BOND IMPROVEMENT FUND, OF WHICH AMOUNT $1,568.00 IS FOR CONSTRUCTION OF A TRAFFIC ISLAND AT THE INTERSECTION OF STAPLES STREET AND HAMLIN DRIVE, AND THE SUM OF $2,800.50 IS FOR INSTALLATION OF TRAFFIC ACTUATED LEFT RURN MOVEMENT AT THE INTERSECTION OF STAPLES STREET AND MINNESOTA; PROVIDING SUCH INSTALLATION SHALL BE DONE BY CITY FORCES; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Mayor McDonald, Commissioners Swantner, Barnard, de Leon, Maldonado, Roberts and Young, voting "Aye". The foregoing ordinance was passed by the following vote: Mayor McDonald, Commissioners Swantner, Barnard, de Leon, Maldonado, Roberta and Young, voting "Aye". ORDINANCE NO. 6329 THIRD 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 CHANGES; PROVID- ING 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 third time and passed finally by the following vote: Mayor McDonald, Commissioners Swantner, Barnard, de Leon, Maldonado, Roberts and Young, voting "Aye". • Regular Council Meeting November 8, 1961 Page #7 ORDINANCE NO. 6330 THIRD 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 O. 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 FARMING AND AGRICULTURAL PURPOSES, FOR A TERM OF TWO (2) YEARS BEGINNING OCTOBER 1, 1961, AND ENDING SEPT- EMBER 30, 1963, IN ACCORDANCE WITH THE FORM PRESCRIBED BY ORDINANCE NO. 4657, PASSED AND APPROVED BY THE CITY COUNCIL ON THE 24TH DAY OF OCTOBER, 1956. The foregoing ordinance was read for the third time and passed finally by the following vote: Mayor McDonald, Commissioners Swantner, Barnard, de Leon, Maldonado, Roberta and Young, voting "Aye". Motion by Swantner, seconded by de Leon and passed to amend the ordinance providing for adoption of State Health Department Rules and Regulations concerning slaughtering of chickens and preparation of the same for market so as to follow the form suggested by the State Health Department and the recommendation of the City Health Department as to making all of the provisions regarding physical installations effective 120 days from date, with an additional 90 -day period for procuring inspectors where all other requirements of the ordinance have been met within 120 days. Dr. Carl A. Keller, City -County Health Officer, introduced Dr. Kenneth Mc&nroe, Area Supervisor of Federal Poultry Inspection, and Mr. John Halverson, . Regulatory Inspector, who concurred that 120 days would be required to get federal inspectors in the plants in this area. Clifford Cosgrove appeared and protested the delay in the effective date of the ordinance, stating 120 days was too long to permit the sale of food unfit for human consumption. ORDINANCE NO. 6331 THIRD READING OF AN ORDINANCE REGULATING THE INSPECTION AND SALE OF MEAT AND POULTRY AND THEIR PRODUCTS INTENDED FOR HUMAN FOOD IN THE CITY OF CORPUS CHRISTI; ADOPTING THE REGULATIONS GOVERNING THE INSPECTION OF MEAT AND POULTRY OF THE TEXAS STATE DEPARTMENT OF HEALTH; PROVIDING FOR PERMITS AND FEES TO COVER THE EXPENSE OF IN- SPECTION; PROVIDING FOR PRELIMINARY SEWAGE TREATMENT FROM ABATTOIRS; PROVIDING PENALTIES FOR THE VIOLATION OF THIS ORDINANCE; REPEALING ALL ORDINANCES IN CON- FLICT HEREWITH; PROVIDING EFFECTIVE DATES; AND CONTAINING A SEVERABILITY CLAUSE. The foregoing ordinance was read for the third time and passed finally by the following vote: Mayor McDonald, Commissioners Swantner, Barnard, de Leon, Maldonado, Roberts and Young, voting "Aye". Regular Council Meeting November 8, 1961 Page #8 Mr. A. D. Kirby, owner of a building at 226 N. Tancahua appeared and protested the Carancahua-Tancahua extension, stating the one-way designation should be cut back to Leopard. He stated that the one-way pattern is more hazard- ous now than it has ever been and that the bottle -neck will not be helped by the new schedule of one way streets provisions for Carancahua Street from Furman to Winnebago and Tancahua Street from Buffalo to Furman; and further stated that he had presented a petition signed by most of the business owners along these streets protesting the one-way patters; that the one-way street designation was originally put into effect on a 60 -day trial basis and that it is not proving satisfactory. Mayor McDonald read communications from individuals who requested that their names be withheld, one in favor of and one against the present and proposed one-way street designations. Mrs. Blanche Roberts appeared and stated that it does not seem right to have the main firestation of the City located on a one-way street. Mrs. C. J. Peel of 213 S. Tancahua Street, appeared and stated that the traffic is heavier now during the peak hours than before the streets were made one-way. Mayor McDonald explained that Paul Rice, Traffic Engineer, and Dr. Clark of the Traffic Safety Advisory Board, at the Workshop Session Monday evening, had presented a very comprehensive and convincing report on the proposed one-way street pattern, that both had recommended its acceptance, and that a copy of the report would be made available to anyone interested. He further advised that the ordinance is being read for the second time and is therefore still under consideration by the Council, but that he, personally, would abstain from voting until he has read the petition to which Mr. Kirby referred. SECOND READING OF AN ORDINANCE AMENDING SUBSECTION (a) OF SECTION 21-153 OF THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, SO AS TO ADD TO THE SCHEDULE OF ONE- WAY STREETS PROVISIONS FOR CARANCAHUA STREET FROM FURMAN STREET TO WINNEBAGO STREET AND TANCAHUA STREET FROM BUFFALO STREET TO FURMAN STREET. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Mayor McDonald abstained, Commissioners Swantner, Barnard, de Leon, Maldonado, Roberts and Young voting "Aye". FIRST READING OF AN ORDINANCE AMENDING SECTION 21-156 OF THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, BY ADDING THERETO TWO NEW ITEMS, TO BE DESIGNATED AS ITEM 9 AND ITEM 10, RESPECTIVELY, SO AS TO FORBID THE STOPPING, STANDING OR PARKING Regular Council Meeting November 8, 1961 Page #9 OF VEHICLES ON LIPAN STREET, BETWEEN UPPER BROADWAY AND 19TH STREET, ON THE SOUTH SIDE FROM 7 TO 9 A.M., AND ON THE NORTH SIDE FROM 4 TO 6 P.M.; PROVIDING FOR PUBLICATION. 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 voting "Aye". FIRST READING OF AN ORDINANCE GRANTING TO SOUTHWESTERN OIL & REFINING COMPANY AN EXTENSION FOR A PERIOD OF FIVE (5) YEARS OF THE PRESENT FRANCHISE TO LAY, CONSTRUCT, MAINTAIN, REPAIR AND REMOVE A PIPE LINE 14" IN DIAMETER FOR THE TRANSPORTATION OF GASOLINE, A PIPE LINE 14" IN DIAMETER FOR THE TRANSPORTATION OF FUEL OIL, A PIPE LINE 6" IN DIAMETER FOR THE TRANSPORTATION OF HEATING OIL, A PIPE LINE 6" IN DIAMETER FOR THE TRANSPORTATION OF NAPTHA, A PIPE LINE 6" IN DIAMETER FOR THE TRANS- PORTATION OF KEROSENE, AND A PIPE LINE 6" IN DIAMETER FOR THE TRANSPORTATION OF FUEL OIL, ALONG THE WEST BOUNDARY LINE OF THE RIGHT OF WAY OF NUECES BAY BOULEVARD WITHIN THE CITY OF CORPUS CHRISTI, TEXAS, FROM THE POINT AT WHICH THE SOUTH BOUNDARY LINE OF THAT CERTAIN TRACT OF LAND CONTAINING 30.64 ACRES CONVEYED BY BARNSDALL OIL COMPANY TO SAID SOUTHWESTERN OIL & REFINING COMPANY BY DEED DATED APRIL 25, 1947, RECORDED IN VOLUME 365, PAGE 324, DEED RECORDS, NUECES COUNTY, TEXAS, INTER- SECTS SAID NUECES BAY BOULEVARD AND THEN ON AND ALONG SAID NUECES BAY BOULEVARD TO THE SOUTH BOUNDARY LINE OF THE RIGHT OF WAY OF THE SAN ANTONIO, UVALDE AND GULF RAILROAD COMPANY, AS READ AND FINALLY PASSED ON NOVEMBER 7, 1956 AND BEING ORDINANCE NO. 4669, RECORDED IN VOLUME 256 AT PAGE 599 OF THE ORDINANCE RECORDS OF THE CITY OF CORPUS CHRISTI; MAKING SUCH FRANCHISE AS EXTENDED BINDING ON THE GRANTEE'S SUCCESSORS AND ASSIGNS; PROVIDING FOR ACCEPTANCE BY THE GRANTEE; PROVIDING AN EFFECTIVE DATE; AND PROVIDING FOR PUBLICATION. 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 voting "Aye". FIRST READING OF AN ORDINANCE FORBIDDING ALL PERSONS CONSTRUCTING, FURNISHING, MAINTAINING AND SERVICING CHEMICAL PORTABLE TOILETS AND ALL PERSONS TRANSPORTING CHEMICAL PORTABLE TOILETS OVER THE PUBLIC STREETS, ALLEYS OR THOROUGHFARES OF THE CITY FOR UTILITY SERVICE IN LIEU OF PERMANENTLY INSTALLED SEWERS, WITHOUT HAVING FIRST OBTAINED A FRANCHISE FROM THE CITY; PROVIDING THAT ALL FRANCHISES SHALL BE ON SUCH TERMS AND CONDITIONS TO BE DETERMINED BY THE CITY COUNCIL; PROVIDING FOR PENALTY; PROVIDING AN EFFECTIVE DATE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION. 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, Roberta and Young voting "Aye". FIRST READING OF AN ORDINANCE GRANTING TO JACK DAVIS, DOING BUSINESS AS THE SKID- 0-KAN SANITATION COMPANY A FRANCHISE FOR A PERIOD OF FIVE (5) YEARS TO CONSTRUCT, FURNISH, MAINTAIN AND SERVICE CHEMICAL PORTABLE TOILETS; TO TRANSPORT SAID CHEMICAL PORTABLE TOILETS OVER THE PUBLIC STREETS, ALLEYS AND THOROUGHFARES OF THE ':STY OF CORPUS CHRISTI; TO PLACE SUCH CHEMICAL PORTABLE TOILETS AT VARIOUS AND ✓ SUNDRY LOCATIONS, AND WITHIN TEN FEET OF DEDICATED STREETS; TO USE AND EMPLOY THE SIDES OF SAID CHEMICAL PORTABLE TOILETS FOR ADVERTISING SAID CHEMICAL PORTABLE TOILETS ONLY; PROVIDING FOR COMPENSATION FOR SAID FRANCHISE AND FOR METHODS OF PAYMENT TO THE CITY OF CORPUS CHRISTI IN ACCORDANCE WITH THE CHARTER OF THE CITY; AND PROVIDING FOR PUBLIC LIABILITY INSURANCE TO PROTECT THE CITY AND GRANTEE AND THE PUBLIC. Regular Council Meeting November 8, 1961 Page #10 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 voting "Aye". Regular Council Meeting November 8, 1961 Page #11 After a brief recess, Mayor McDonald reconvened the meeting and announced the Council would hold the Public Hearing scheduled for 3 o'clock, p.m., on the proposed Greenwood Drive Improvement Assessments. City Attorney Singer explained that the Greenwood Drive Improvements covered the area from Port Avenue to Horne Road and that the assessments were against 176 parcels of property abutting the proposed improvements, including property owned by the City and by the School District. City Engineer Obie Etheridge presented the plans for the improvement of Green- wood Drive from Port Avenue to Horne Road, and the preliminary assessment roll; explained the nature, extent and specifications of the proposed improvements; the cost of construction; the amount of cost to be borne by the City, which includes all cost of the improvements abutting the footage owned by the City on this street, i.e., City incinerator, airport property and fire station located at the intersection of Horne Road and Greenwood Drive, all cost of storm sewers, and cost of adjustments of utilities and traffic controls; and the amount, before adjustment, to be assessed against the abutting property owners; the manner in which such pro rata share was computed; and the various methods of payment which a property owner may elect to use for satisfying his assessment. Harold Carr testified as to his background experience which he felt qualified him as a real estate appraiser for both business and residential properties in this City; testified that he had personally viewed and understood the extent and specifi- cations of the proposed improvements; that he had personally viewed within the past week the assessment roll and each of the properties to be assessed; and that in his opinion, each of the properties so assessed would be enhanced in value at least to the extent of the proposed assessment, with no exceptions, and related some of the elements considered in forming his opinion. City Attorney Singer called the name in order of each property owner on the assessment rpll, giving each property owner or his agent an opportunity to be heard by the Council. The following property owners were present but had no questions: Item 43, Cornelia Lugo Item 44, Manuel Perez Item 71, Lester Hunter Regular Council Meeting November 8, 1961 Page #12 Item 72, Ola V. Whitley Item 81, Hector Yanez Item 84, Simon Capetillo Item 109, Wesley Hammonds, represented by Ruth Bolina Item 111, Dario Delgado Item 112, Antonio 6 Mario Morales The following property owners, or their agents, appeared to speak with reference to their particular piece of abutting property: Item 55, Frank Greer, asked about the width of his driveway and if he could have an 8' driveway; Mr. Etheridge answered he did not recommend less than a 10' driveway where there was room and explained that this would be less expensive for him than to later have to enlarge the driveway. Item 57, Ruzel Tyler, corrected the name on the assessment roll, and asked about monthly payments for a 44' frontage assessment. Item 48, Agather Clark, requested a driveway. Item 82, Jose A. Garza, asked about payments on less than 44' frontage, and about his driveway. Item 98, Richard Valdez, asked if there was going to be a refiguring of his assessment since the City was taking 10' from him; it was explained that he would be compensated for paved road or unpaved road in the payment made for the 10'. AttoOney Edward de Ases, representing a number of Greenwood Drive prop - ear owners, including Richard Valdez, asked numerous questions that had been asked of him as to method of determining business or residential zoning for the purposes of assessment; methods of payment for 44' lots as compared to 50' lots; how an owner can add or eliminate a driveway; why the original curb & gutter program was abandoned; how much property the City itself owns; and the procedure in event an owner does not want the improvements, and refuses to pay the assessment. Item 102, Salvador Gonzales, requested his driveway be eliminated. Item 115, Abelino Cantu, questioned the City's right to keep the drain- age pipe he had recently installed; he was advised that if an owner is present when the contractor removes the pipe and will move it off the street himself, he will be allowed to keep it. Item 174, Henry Trujillo, asked how it was decided which side of the street to take the additional width from; this was explained. Mrs. Rose Gonzales asked questions as to the use of bond money which had been voted for this particular street, and whether or not the City was going to install street lights after the improvement; the amount of bond money to be v-eed was explained and she was advised that a street lighting program is planned for this street. No one else desiring to be heard, it was announced that the Council would consider any written evidence or testimony or requests which were received within the week before officially closing the hearing and adopting the final assessment roll. There being no further business to come before the Council, the meet- ing was adjourned.