HomeMy WebLinkAboutMinutes City Council - 12/13/1961REGULAR COUNCIL MEETING
December 13, 1961
2:00 P.M.
PRESENT:
Mayor Pro Tem Tom R. Swantner
Commissioners:
Dr. James L. Barnard
J. R. de Leon
M. P. Maldonado
W. J. Roberts
Jim Young
of Christ.
City Manager Herbert W. Whitney
City Attorney I. M. Singer
City Secretary T. Ray Kring
Mayor Pro Tem Tom R. Swantner called the meeting to order.
The Invocation was given by Reverend L. E. Polvado, of Hillcrest Church
City Secretary T. Ray Kring called the roll of those in attendance.
Motion by de Leon, seconded by Young and passed that the absence of
Mayor Ben F. McDonald be excused for cause.
Mayor Pro Tem Swantner welcomed the following representatives of the
Student Council of Incarnate Word Academy and their sponsor, Sister Agnes Marie, as
special guests of the City Council, and presented them with Certificates of Atten-
dance: Dorothy de Cordova, Beth Riemer, Annette Holthaus, Mary Kris Malins, Ricki
Shults, and Bessie Dan Weil.
Mayor Pro Tem Swantner welcomed and introduced the winner of the "Out-
standing Catholic Youth of the Year" for 1961 Award, Miss Margaret Ann Sefcik, who
was accompanied by her father, Mr. J. B. Sefcik, and the Rev. Patrick J. Sheeran,
moderator of her deanery. CYO. Mayor Pro Tem Swantner read and presented to Miss
Sefcik a letter signed by Mayor McDonald congratulating her on her achievement and
the honor brought upon herself, her parents, her school, and her City.
Mayor Pro Tem Swantner welcomed and introduced Kent Nix, accompanied
by his coach, Bill Stages of W. B. Ray High School, and congratulated him on hav-
ing been named All -State Quarterback for 4-A District High Schools and on his.-.,,
athletic prowess.
Motion by Barnard, seconded by Young and passed that the minutes of
the regular meeting of December 6, 1961, be approved as furnished to the Council.
Mayor Pro Tem Swantner announced the receipt of a letter of resignation
from the Zoning & Planning Commission from Mr. William H. Cousins due to the press
of personal business.
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December 13, 1961
Page #2
Motion by Barnard, seconded by de Leon and passed that the resigna-
tion of Mr. William Cousins from the Zoning & Planning Commission be accepted with
regret, and that Mr. Cousins be commended for his fine service to the City as a
member of this board.
Motion by Young, seconded by Maldonado and passed that Mr. John Zerr be
appointed to the Zoning & Planning Commission to fill the unexpired term of William
H. Cousins, resigned.
A Certificate of Appointment was presented to Mr. Zerr, who was present
in the audience.
Mrs. Neva McGregor, representing the Coastal Bend Tuberculosis Associa-
tion, requested the Council to declare the week of December 18 through 25, 1961, as
Tuberculosis Seal Week in Corpus Christi and urge the people of Corpus Christi to
support the sale of Tuberculosis Seals.
Motion by de Leon, seconded by Barnard and passed that the foregoing
request be approved, and the week of December 18 through 25, 1961, be declared
Tuberculosis Seal Week in Corpus Christi, by proclamation or resolution.
Mayor Pro Tem Swantner announced the following public hearings:
a. Application of D. E. Wicker, Jr., for a change of zoning from
"B-4" General Business District to "I-2" Light Industrial Dis-
trict on all of Blocks 411 and 414, Brooklyn Audition, being that
property; north of Bryan Street between Timon Boulevard and
highway 181;
b. Application of Guaranty Title Company for a change of zoning from
"B-1" Neighborhood Business District to "B-4" General Business
District on all of Block "8", save and except Lot 1 of said
Block "B" in Pope Place Unit I being that property located on the
Southeast corner of Weber Road and South Staples Street; and
c. Application of W. S. Marshall for a change of zoning from "R -1B"
One -family Dwelling District to "I-2" Light Industrial District
on a 45.59 -acre tract out of Lot 7, Section 4, Bohemian Colony
Lands and lying 1,074.28' East of the center line of Greenwood
Drive and Lexington Boulevard; extending an additional 1,576.26'
along the Lexington Boulevard to the most Southerly corner of
Lot 7, Section 4 of the Bohemian Colony Lands, more fully
described by metes and bounds in the Public Hearing file of the
Zoning & Planning Office.
Commissioner Roberts requested that the foregoing public hearings be
recessed since the Council was very shortly due to attend ceremonies honoring the
Army Corps of Engineers in connection with the 35ch Anniversary of the Opening of
the Port of Corpus Christi, and since all interested parties had been notified by
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December 13, 1961
Page #3
mail and through the news media of this anticipated action.
Mayor Pro Tem Swantner asked if there was anyone in the audience who
desired to be heard on any of the foregoing applications for changes: in zoning.
No one appeared.
Motion by Barnard, seconded by Roberts and passed that the foregoing
public hearings advertised for today's meeting be recessed until Monday evening,
December 18, 1961, at 7:00 P.M.
Mayor Pro Tem Swantner called for the City Manager's reports
Motion by Roberts, seconded by de Leon and passed that the recommenda-
tions and reports of the City Manager be approved and granted, as follows:
a. That the award of contract for Street Resurfacing of Upper Broadway
and other Uptown Streets be made to Heldenfels Brothers, the low bidder, with a
reduction in the scope of work by eliminating certain construction subject to re-
storation in part, so that the total cost of the project does not exceed $20,000.00;
b. That $2,000.00 be appropriated for estimated title expense for the
purchase of right-of-way for the Savage Lane -Whelan Storm Sewer project;
c. That the $3,532.20 deposited in escrow by the Gulfgate Shopping
Center, Inc., in 1957, and accepted by ordinance by the City Council for the in-
stallation of storm sewers and sidewalks on McArdle Road, be refunded to Gulfgate
Shopping Center, Inc., since it is not practical to make these improvements;
d. That the plans and specifications for Street Improvements on 14th
Street, between Buford and Craig Streets, and on Power Street, from Oso to Tancahua
Streets, be approved, and that authority to advertise for bids to be received on
January 3, 1962, be granted;
e. That authority to advertise for proposals to be received on Jan-
uary 24, 1962, for the repair, improvements and leasing of the boat repair
facilities on the L -Head, be granted;
f. That the date of January 3, 1962, during the regular meeting con-
vening at 2 p.m., be set for public hearing on the zoning application of Isaac
Breslau;
g. That the request of Jack Rice Turner, on behalf of Carmel Village
Center, for permission to reduce the height of a required masonry wall on Carmel
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December 13, 1961
Page #4
Parkway from 6' to 5', be granted on the basis that such reduction in height will
effectively achieve the purpose intended and will present a more attractive appear-
ance;
h. That the date of January 3, 1962, be set for public hearing on the
request of Nueces County for the closing of that portion within the City of the 40'
dedicated but unopened and unused road in the J. C. Russell Farm Block between
Kosar Road and Lexington Boulevard.
Commissioner de Leon was excused from the meeting as he was to repre-
sent the City in greeting some visiting dignataries at the International Airport
arriving at 3 p.m., and he stated that he desired to be recorded as voting "Aye" on
each of the ordinances listed on the agenda.
ORDINANCE NO. 6355
DETERMINING THE NECESSITY FOR AND ORDERING THAT A PORTION OF FOURTEENTH STREET
FROM BUFORD STREET TO CRAIG STREET, AND POWER STREET FROM TANCAHUA STREET TO OSO
STREET BE IMPROVED; REQUIRING THE DIRECTOR OF PUBLIC WORKS TO PREPARE AND FILE
PLANS AND SPECIFICATIONS FOR THE PROPOSED IMPROVEMENTS; REQUIRING THE CITY SEC-
RETARY TO FILE A NOTICE IN THE OFFICE OF THE COUNTY CLERK OF NUECES COUNTY OF THE
ACTION HEREIN; PROVIDING HOW SUCH IMPROVEMENTS SHALL BE PAID; AND DECLARING AN
EMERGENCY.
The Charter rule was suspended by the following vote: Mayor McDonald,
absent; Commissioners Swantner, Barnard, de Leon, Maldonado, Roberts and Young,
voting "Aye".
The foregoing ordinance was passed by the following vote: Mayor
McDonald, absent; Commissioners Swantner, Barnard, de Leon, Maldonado, Roberts
and Young, voting "Aye".
City Attorney Singer reported that the Notice of the foregoing action
of the City Council has been filed in the Office of the County Clerk as required.
ORDINANCE NO. 6356
APPROVING AND ADOPTING THE DIRECTOR OF PUBLIC WORKS' WRITTEN STATEMENT AND REPORT
OF THE ESTIMATES OF THE VARIOUS COSTS FOR THE IMPROVEMENTS OF FOURTEENTH STREET
FROM BUFORD TO CRAIG STREET, AND POWER STREET FROM TANCAHUA STREET TO OSO STREET,
AND AUTHORIZING AND DIRECTING THE CITY SECRETARY TO ADVERTISE FOR SEALED BIDS FOR
THE CONSTRUCTION OF THE IMPROVEMENTS CALLED FOR BY THIS ORDINANCE; DECLARING AN
EMERGENCY.
The Charter rule was suspended by the following vote: Mayor McDonald,
absent; Commissioners Swantner, Barnard, de Leon, Maldonado, Roberts and Young,
voting "Aye".
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December 13, 1961
Page #5
The foregoing ordinance was passed by the following vote: Mayor McDonald,
absent; Commissioners Swantner, Barnard, de Leon, Maldonado, Roberts and Young,
voting "Aye".
ORDINANCE N0. 6357
AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS
CHRISTI, TO EXECUTE A CONTRACT WITH HELDENFELS BROTHERS FOR CONSTRUCTION CONSISTING
OF STREET RESURFACING ON UPPER BROADWAY AND OTHER UPTOWN STREETS, SUBJECT TO QUANTITY
REDUCTIONS IN THE ESTIMATED AMOUNT OF 4,945 SQUARE YARDS TO BE DESIGNATED BY THE
ENGINEERS; APPROPRIATING AND REAPPROPRIATING FROM CURRENT NO 108 BUDGET FUNDS, STREET
ASPHALT MAINTENANCE ACTIVITY NO. 4911, CODE 502, THE SUM OF $20,000.00, OF WHICH
AMOUNT $19,000.00 IS FOR THE CONSTRUCTION CONTRACT AND $1,000.00 IS FOR CONTINGEN-
CIES, INCLUDING LABORATORY TESTS AND LEGAL ADVERTISING; AND DECLARING AN EMERGENCY.
The Charter rule was suspended by the following vote: Mayor McDonald,
absent; Commissioners Swantner, Barnard, de Leon, Maldonado, Roberts and Young,
voting "Aye".
The foregoing ordinance was passed by the following vote: Mayor
McDonald, absent; Commissioners Swanter, Barnard, de Leon, Maldonado, Roberts and
Young, voting "Aye".
ORDINANCE NO. 6358
APPROPRIATING OUT OF NO. 295 STORM SEWER BOND FUND THE SUM OF $2,000.00 TO BE USED
FOR PAYMENT OF TITLE AND RECORDING COSTS IN CONNECTION WITH THE ACQUISITION OF RIGHT
OF WAY FOR THE NAVIGATION BOULEVARD STORM SEWER, PROJECT NO. 295-61-30; AND DECLAR-
ING AN EMERGENCY.
The Charter rule was suspended by the following vote: Mayor McDonald,
absent; Commissioners Swantner, Barnard, de Leon, Maldonado, Roberts and Young,
voting "Aye".
The foregoing ordinancewas passed by the following vote: Mayor
McDonald, absent; Commissioners Swantner, Barnard, de Leon, Maldonado, Roberts and
Young, voting "Aye".
ORDINANCE NO. 6359
AUGHORIZING THE REFUND OF $3,532.20, HERETOFORE DEPOSITED IN ESCROW BY THE GULFGATE
SHOPPING CENTER, INC., FOR INSTALLATION OF STORM SEWERS AND SIDEWALKS ON MC ARDLE
ROAD; AND DECLARING AN EMERGENCY.
The Charter rule was suspended by the following vote: Mayor McDonald,
absent; Commissioners Swantner, Barnard, de Leon, Maldonado, Roberts and Young,
voting "Aye".
The foregoing ordinance was passed by the following vote: Mayor
McDonald, absent; Commissioners Swantner, Barnard, de Leon, Maldonado, Roberts and
Young, voting "Aye".
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December 13, 1961
Page #6
ORDINANCE NO. 6360
•
CLOSING A PORTION OF HIGHLAND STREET AT THE INTERSECTION OF OSAGE STREET AND
MORGAN AVENUE EXCEPT FOR THE RETENTION OF A 10' EASEMENT FOR THE CONTINUED USE FOR
SANITARY SEWER LINE PURPOSES; AUTHORIZING THE CITY MANAGER TO EXECUTE AND DELIVER
A QUITCLAIM DEED ON THAT PORTION OF THE STREET CLOSED; AND DECLARING AN EMERGENCY.
The Charter rule was suspended by the following vote: Mayor McDonald,
absent; Commissioners Swantner, Barnard, de Leon, Maldonado, Roberts and Young,
voting "Aye".
The foregoing ordinance was passed by the following vote: Mayor
McDonald, absent; Commissioners Swantner, Barnard, de Leon, Maldonado, Roberts and
Young, voting "Aye".
ORDINANCE N0.6361
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 THE EAST 86.2' x 227.3'
OF TRACT 10, RESUBDIVISION PART OF LOTS 3 AND 4, DAVID BROWN ADDITION, BEING AN
ADDITION TO THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" ONE
FAMILY DWELLING DISTRICT TO "A-1" APARTMENT HOUSE 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,
absent; Commissioners Swantner,, Barnard, de Leon, Maldonado, Roberts and Young,
voting "Aye".
The foregoing ordinance was passed by the following vote: Mayor
McDonald, absent; Commissioners Swantner,Barnard, de Leon, Maldonado, Roberts and
Young, voting "Aye".
ORDINANCE N0. 6362
AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS
CHRISTI, TO EXECUTE AN ARBITRATION AGREEMENT WITH R. E. LAIRD AND FARRELL D. SMITH
IN THE FORM SET OUT IN EXHIBIT "A" WHICH IS ATTACHED HERETO AND MADE A PART HEREOF,
IN AN EFFORT T) REACH AGREEMENT CONCERNING JUST COMPENSATION FOR THE 8.57 ACRE
TRACT OF LAND ON THE NUECES RIVER NEAR CALALLEN, TEXAS, ON WHICH IS LOCATED A RAW
WATER INTAKE PUMP STATION; AND DECLARING AN EMERGENCY.
The Charter rule was suspended by the following vote: Mayor McDonald,
absent; Commissioners Swantner, Barnard, de Leon, Maldonado, Roberts and Young,
voting "Aye".
The foregoing ordinance was passed by the following vote: Mayor
McDonald, absent; Commissioners Swantner, de Leon, Maldonado, Roberts and Young,
voting "Aye", Commissioner Barnard, voting "Nay".
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December 13, 1961
Page #7
ORDINANCE NO. 6363
THIRD READING OF
AN ORDINANCE GRANTING TO SOUTHWESTERN OIL & REFINING COMPANY AN EXTENSION FOR A
PERIOD OF FIVE (5) YEARS OF Tilt PRESENT FRANCHISE TO LAY, CONSTRUCT, MAINTAIN,
REPAIR AND REMOVE A PIPE LINE 14" IN DIAMETER FOR THE TRANSPORTATION OF GASO-
LINE, A PIPE LINE 14" IN DIAMETER FOR '1'Bh 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
TRANSPORTATION 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 BOULE-
VARD WITHIN THE CITY OF CORPUS CHRISTI, TEXAS, FROM fhh 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, INTERSECTS SAID NUECES BAY BOULEVARD AND THEN ON AND ALONG SAID NUECES
BAY BOULEVARD TO THE SOUTH BOUNDARY LINE OF THE RIGHT OF WAY OF '1'HE 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 third time and passed finally
by the following vote: Mayor McDonald, absent; Commissioners Swantner, Barnard,
de Leon, Maldonado, Roberts, and Young voting "Aye".
RESOLUTION OF COMMENDATION NO. 6364
COMMENDING KENT NIX OF W. B. RAY HIGH SCHOOL ON BEING NAMED ALL STATE QUARTERBACK
FOR THE CURRENT YEAR.
The foregoing Resolution was passed by the following vote: Mayor McDonald,
absent; Commissioners Swantner, Barnard, de Leon, Maldonado, Roberts and Young,
voting "Aye".
RESOLUTION OF COMMENDATION NO. 6365
COMMENDING MARGARET ANN SEFICK ON BEING CHOSEN THE "OUTSTANDING CATHOLIC YOUTH
OF THE YEAR."
The foregoing Resolution was passed by the following vote: Mayor McDonald,
absent; Commissioners Swantner, Barnard, de Leon, Maldonado, Roberts and Young,
voting "Aye".
FIRST 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 HAMLIN STREET FROM POPE DRIVE TO PEERMAN PLACE AND
FT. WORTH STREET FROM CATALINA PLACE TO DRIFTWOOD PLACE; PROVIDING AN MrrECTIVE
DATE; PROVIDING FOR PUBLICATION.
The foregoing ordinance was read for the first time and passed to its
second reading by the following vote: Mayor McDonald,absent; Commissioners
Swantner, Barnard, de Leon, Maldonado, Roberts and Young, voting "Aye".
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December 13, 1961
Page #8
•
SECOND READING OF AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO
EXECUTE AN AGREEMENT WITH BUCCANEER DAYS COMMISSION COVERING THE PERIOD OF FIVE
(5) YEARS FOR THE USE OF CERTAIN PORTIONS OF CITY PROPERTY LOCATED NEAR THE MUNICI-
PAL COLISEUM, THF USE OF SAID GROUND NOT TO EXCEED ELEVEN (11) DAYS DURING ANY
CALENDAR YEAR OF THE LEASE TERM HEREOF, ALL AS MORE FULLY SET OUT IN THE LEASE
AGREE ENT, 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 vote: Mayor McDonald, absent; Commissioners Swantner,
Barnard, de Leon, Maldonado, Roberts and Young, voting "Aye".
No one appeared in response to Mayor Pro Tem Swantner's call for petitions
or information from the audience on matters not scheduled on the agenda.
Mayor Pro Tem Swantner reported that he had the pleasure of having lunch
today with Under Secretary of the Navy, Mr. Paul B. Fay, at the Naval Air Station,
who is in the area on an inspection tour.
There being no further business to come before the Council, the meeting
was adjourned.