HomeMy WebLinkAboutMinutes City Council - 02/21/1962PRESENT:
Mayor Ben F. McDonald
Commissioners:
Tom R. Swantner
Dr. James L. Barnard
J. R. de Leon
M. P. Maldonado
W. J. Roberts
Jim Young
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REGULAR COUNCIL MEETING
February 21, 1962
2:00 P. M.
City Manager Herbert W. Whitney
Aas't City Att'y Wayland Pilcher
City Secretary T. Ray Kring
Mayor Ben F. McDonald called the meeting to order.
The Invocation was given by Reverend Vernon H. Harley, of Our Savior
Spanish -Mo. Lutheran Synod.
City Secretary T. Ray Kring called the roll of those in attendance.
Motion by de Leon, seconded by Maldonado and passed that the minutes
of the regular meeting of February 14, 1962, be approved as furnished to the Council.
Mayor McDonald welcomed as special guests of the Council, the following
representatives of the Student Council of Robert Driscoll Junior High School and
their sponsor, Mr. Stanley Cole, and Commissioner Barnard presented the Certifi-
cates of attendance designating them as Honorary Junior City Commissioners: Vicki
Cook, president; Jean.Cochran, vice president; Joyce McDaniel, treasurer; Barbara
Boone, pariimentarian; and Gasper Mir, Sargeant -at -arms.
Giles Giddings, Director of the Junior Chamber of Commerce, invited
the Mayor and City Council to participate in the See and Sell Campaign sponsored
by the Ad Club and Jaycees by attending the kick-off breakfast on Monday morning,
March 5, 1962, at 7:30 a.m., at the Coliseum, and by being pall bearers at the mock
funeral following the breakfast at which Pessimism and Gloom would be buried, and
explained that the campaign is to educate the citizens to promote the City on a
local, state and national level.
Mayor McDonald requested that the City Secretary draft a suitable
Resolution for passage at this meeting, to accompany the official invitation being
sent to Adolfo Lopez Mateoe, President of Mexico, inviting him to attend the Cinco
de Mayo celebration in Corpus Christi as special guest of the City Council at the
100th anniversary of the battle of Puebla, which was fought in 1862 by a Mexican
force of about 2,000 against a French force of 6,000 which was repulsed.
Regular Council Meeting
February 21, 1962
Page #2
RESOLUTION NO. 6431
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CONFIRMING THE INVITATION TO PRESIDENT ADOLFO LOPEZ MATZOS, PRESIDENT OF MEXICO, TO
ATTEND BUCCANEER DAYS CELEBRATION AND CINCO DE MAYO CELEBRATION IN CORPUS CHRISTI.
The Charter rule was suspended by the following vote: Mayor McDonald,
Commissioners Swantner, Barnard, de Leon, Maldonado, Roberts, and Young all present
and voting "Aye".
The foregoing ordinance was passed by the following vote: Mayor McDonald,
Commissioners Swantner, Barnard, de Leon, Maldonado, Roberts, and Young all present
and voting "Aye".
Mayor McDonald announced the opening of bids.
Bids were opened and read on an estimated 12 -months' supply of Heavy
Duty Flashlight Batteries from the followings Alamo Iron Works, Corpus Christi;
Fred Collins Supply, Corpus Christi; Corpus Christi Hardware Co.. Corpus Christi;
Gulf Hardware & Supply, Corpus Christi; Modern Electronics, San Antonio; Nunn Elec-
tric Supply, Corpus Christi; Superior Iron Works, Corpus Christi; Tropical Supply,
Corpus Christi; Union Carbide, Dallas; SAMSCO, Corpus Christi; Norvell-Wilder,
Corpus Christi; and Auto Center, 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 called for the City Manager's reports.
Motion by Barnard, seconded by de Leon and passed that the recommenda-
tions and requests of the City Manager, with the exception of Item "g(1)" which was
temporarily deferred, and with Mayor McDonald abstaining on Item "m" due to his not
having studied it, be approved and granted, as follows:
a. That acceptance and payment of Estimate #8 in the amount of $7,687.42
to Davie Construction Company for construction of Fire Station #11, at Airline Road
and Hugo Street, be approved;
b. That acceptance and payment of Estimate #1 in the amount of $18,963.09
to Heldenfele Brothers for Resurfacing Streets in the Uptown Area, be approved;
c. That request for appropriation in the amount of $55,170.00 for acqui-
sition of 10 additional parcels of right-of-way required by the State for Crosstown
Expressway, State Highway #286 Relocated, be granted;
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Regular Council Meeting
February 21, 1962
Page #3
d. That plans and specifications for Rip Rap Repairs on the Center
Embankment on Wesley Seal Dam, occasioned by high wave action of Hurricane Carla,
be approved, and authority to advertise for bids to be received on March 14, 1962,
be granted;
e. That in connection with the Fire Division Capital Improvement Pro-
gram, authority be granted for the followings (1) Chat Fire Station #2, at Coke
& Leopard, be closed and Company #2 be re -assigned to Fire Station #1, at Tancahua,
first on a trial basis and later on a permanent basis if it proves expedient;
(2) that the architect on the proposed new Corpus Christi Beach Fire Station be
paid the amount now due for his preliminary plans, and that he be instructed not
to proceed with the final plans until further notice; (3) that a minimum amount
of new furniture be purchased for r_he. new Fire Station #11; and (4) that speci-
fications be prepared for bids to le received on a 65° platform aerial fire truck,
with an alternate for the purchase of 2 trucks;
f. That the request of Judge Philip A.Schraub, president of Inter-
national Aviation, for an additional extension of 90 days within which to begin
construction on the facility contemplated in connection with their ground lease
at International Airport, be granted;
g.(2) That the encroachment of a carport and cabin, owned by D. B.
Sanders, 4123 Timon Boulevard, on the right-of«way of Avenue D, north of Davis
Street, be allowed to continue under a revocable permit since it creates no hazard
and is not in the way of any planned improvement;
h. That authority to advertise for bids to be received on March 7,
1962, on an estimated 12 -months° supply of Bare Steel Pipe be granted;
i. That authority to advertise for bids to be received on Marcy 7,
1962, on 2,662 Street Name Sign Faces, be granted;
j. That the award of bid on Portland Cement be made on the basis of
low bid meeting specifications to Armstrong Lumber Company for 7,000 bags of Type
III, for $1.10 each, for a total of $7,700.00; (See Bid Tabulation #7 in File)
k. That the award of bid on Copper Tubing be made on the basis of
low bid meeting specifications to San Antonio Machine & Supply Company for various
lengths ranging in size from 3/4" to 2", for a total of $15,481.45; (See Bid
Tabulation #8 in File)
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Regular Council Meeting
February 21, 1962
Page #4
1, That the award of bid on Black & Galvanized Fittings be made on
the basis of low bid meeting specifications to San Antonio Machine & Supply Com-
pany for an estimated 12 -months' supply consisting of 196 items, totaling approxi-
mately 30,044 pieces, for a total of $6,954.24; (See Bid Tabulation #9 in File)
m. That the Tax Error and Correction List for January, 1962, be
approved;
n. That the date of March 14, 1962, during the regular Council meeting,
be set for public hearing on 2 zoning cases;
o. That the amount of Water Revenue Bonds to be offered for sale, on
which proposals are to be received during a special Council meeting on April 10,
1962, at 10.30 a.m., be raised to $1,200,000.00, based on the estimate of Regan &
McCaughan, engineers, of the total cost of the project.
City Manager Whitney presented and read a Report on the Status of the
Brush & Trimmings Collection in the City to the effect that with 19 brush trucks and
34 men assigned to this work, 4 men being sick and 6 on scheduled vacations, the
Sanitation Division is running 4 weeks behind in the collection due largely to the
recent freezing weather aggravated by the clearing out of dead shrubbery and top-
ping of many trees, and that based on current operation, it will take approximately
3 months to get caught up and back on schedule; and suggested several possible
ways of speeding up the work.
After some discussion among the Council on the merits of different
plans for the speeding up of the work of collection, the City Manager was author-
ized to use his best judgment and discretion to get the job done without incur-
ring any appreciable expense and with a minimum reduction in the level of garbage
collection or street maintenance service by any use of the men and equipment of
either or both of these Divisions.
Mayor McDonald announced the Council would now consider the matter of
Item g(1) which had been deferred earlier in the meeting, involving the recommenda-
tion of the City Manager that the request of Mrs. Catherine Hustace for a permit
to continue building encroachments on Bessie Street and Shoreline Boulevard, be
denied on the basis that condemnation of the buildings by the Building Standards
Commission, upheld by a former City Council, and pending legal actions make it
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Regular Council Meeting
February 21, 1962
Page #5
necessary for the buildings to be removed, and that if the owner desired to re-
build, no encroachments on the public right-of-way should be permitted.
Bill Meredith, attorney representing Mrs, Catherine Hustace, objected
to the recommendation for denial on the basis that Mrs. Hustace is willing to make
the necessary repairs to bring the buildings up to standard and has requested from
the City Staff a detailed list of required repairs to do so, in order to get bids
on the work; and that the encroachments are slight and have been existing for 29
years. He further stated that he differs with the City's position as to whether
or not there is a legal encroachment, and questions the City's right to refuse a
building permit to remodel, since the question of whether or not the buildings are
substandard is pending before the Courts.
Cecil Proctor, former owner of the properties, supported Mrs. Hustace's
request on the basis that the encroachment is only over the sidewalk and the street
has been closed and barricaded with striped poles for 2 years.
There followed a lengthy discussion as to whether or not the street
has been officially closed and barricaded by the City, or whether or not the City
has any forseeable use for the street for the public.
City Manager Whitney withdrew this Item g(1) from his Reports to the
Council for further study and determination of the situation, and it was suggested
that in the meantime, Mrs. Hustace firm up her plans and specifications for the
improving and bringing up to standard of the dwellings as required by Code, which
might thereby resolve the matter,
ORDINANCE NO, 6432
RECEIVING AND ACCEPTING THE CONSTRUCTION OF FIRE STATION NO, 11, PROJECT NO.
212-53-8, LOCATED AT AIRLINE ROAD AND HUGO STREET, PERFORMED BY DAVIS CONSTRUCTION
COMPANY, UNDER THEIR CONTRACT WITH THE CITY DATED JULY 20, 1961, AS AUTHORIZED BY
ORDINANCE NO. 6213; AUTHORIZING THE PAYMENT OF FINAL ESTIMATE NO, 8, DATED FEBRUARY
16, 1962, AS PREPARED BY THE ARCHITECT, VICTOR BROCK AND ASSOCIATES IN THE AMOUNT
OF $7,687.42, PAYMENT FROM NO, 212 FIRE STATION BOND FUNDS, HERETOFORE PROVIDED FOR
THIS PROJECT; 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 present
and voting "Aye".
The foregoing ordinance was passed by the following vote Mayor McDonald,
Commissioners Swantner, Barnard, de Leon, Maldonado, Roberts and Young, all present
and voting "Aye",
Regular Council Meeting
February 21, 1962
Page #6
ORDINANCE NO, 6433
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RECEIVING AND ACCEPTING THE CONSTRUCTION OF RESURFACING STREETS IN THE UPTOWN AREA
AS PERFORMED BY THE CONTRACTOR, HELDENFELS BROS., UNDER THEIR CONTRACT DATED DECEM-
BER 13, 1961, AS AUTHORIZED BY ORDINANCE NO. 6357; AUTHORIZING PAYMENT OF FINAL
ESTIMATE NO. 1, DATED FEBRUARY 15, 1962, IN THE AMOUNT OF $18,963.09, A COPY OF
WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, SAID PAYMENT TO BE MADE FROM NO.
108 FUNDS PREVIOUSLY APPROPRIATED AND CURRENTLY BUDGETED IN ACTIVITY NO. 4911, CODE
502; 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 present
and voting "Aye".
The foregoing ordinance was passed by the following vote: Mayor McDonald,
Commissioners Swantner, Barnard, de Leon, Maldonado, Roberts and Young, all present
and voting "Aye",
ORDINANCE NO. 6434
APPROPRIATING OUT OF NO. 220 STREET BOND IMPROVEMENT FUND THE SUM OF $55,170.00 FOR
THE ACQUISITION OF 10 PARCELS OF PROPERTY FOR RIGHT OF WAY REQUIRED BY THE STATE OF
TEXAS AND APPLICABLE TO PROJECT NO. 220.56--24, CROSSTOWN EXPRESSWAY, HIGHWAY 286
RELOCATED, A COPY OF WHICH PARCEL LIST IS ATTACHED HERETO AND MADE A PART HEREOF;
AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE REAL ESTATE SALES CONTRACTS
FOR AND ON BEHALF OF THE CITY OF.' CORPUS CHRISTI, FOR THE ACQUISITION OF SAID PARCELS,
WHEN AND ONLY WHEN THE PURCHASE PRICE IS WITHIN THE "APPROVED VALUE" AS DETERMINED
BY THE STATE; AND DECLARING AN EMERGENCY,
The Charter rule was suspended by the following vote: Mayor McDonald,
Commissioner Swantner, Barnard, de Leon, Maldonado, Roberts and Young, all present
and voting "Aye".
The foregoing ordinance was passed by the following vote: Mayor McDonald,
Commissioners Swantner, Barnard, de Leon, Maldonado, Robefts and Young, all present
and voting "Aye".
ORDINANCE NO. 6435
AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS
CHRISTI, TO EXECUTE AN AGREEMENT WITH D. B. SANDERS, ESTABLISHING THAT THE RIGHT OF
WAY OF AVENUE D AS SHOWN ON THE MAP OR PLAT OF BROOKLYN ADDITION, OF RECORD IN THE
MAP RECORDS OF NUECES COUNTY, TEXAS, IS CORRECT AND THAT THE RIGHT OF WAY AS SHOWN
ON SAID MAP AS AVENUE D IS A PUBLIC RIGHT OF WAY AND PUBLIC STREET, AND TO PERMIT
THE CONTINUANCE OF EXISTENCE OF THE BUILDING OWNED BY SAID D. B. SANDERS, LOCATED ON
LOT 2, BLOCK 66, BROOKLYN ADDITION, ABUTTING RIGHT OF WAY OF AND EXTENDING INTO THE
PUBLIC RIGHT OF WAY OF AVENUE D, ALL AS MORE FULLY DESCRIBED TN THE AGREEMENT, 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,
Commissioners Swantner, Barnard, de Leon, Maldonado, Roberts and Y ung, all present
and voting "Aye".
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Regular Council Meeting
February 21, 1962
Page #7
The foregoing ordinance was passed by the following vote: Mayor
McDonald, Commissioners Swantner, Barnard, de Leon, Maldonado, Roberts and Young,
all present and 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 CONTRACT AND LEASE AGREEMENT
WITH BILLY PUGH, LEASING TO SAID BILLY PUGH A PORTION OF THE MUNICIPAL WHARF AREA
ADJOINING THE SEAWAYY, FOR AND IN CONSIDERATION OF THE TERMS AND CONDITIONS SET
FORTH IN THE CONTRACT AND LEASE AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO, FOR
A CONSIDERATION OF CERTAIN BUILDING CONSTRUCTION AND IMPROVEMENTS AND A MONTHLY
RENTAL OF $225.00, PAYABLE EACH MONTH IN ADVANCE; THE TERM OF SAID LEASE SHALL BE
FOR A PERIOD OF FIVE (5) YEARS, BEGINNING ON SEPTEMBER 1, 1962.
The foregoing ordinance was read for the second time and passed to its
third reading by the following vote Mayor McDonald, Commissioners Swantner, Barnard,
de Leon, Maldonado, Roberts and Young, all present and voting "Aye".
ORDINANCE NO. 6436
APPROPRIATING THE SUM OF $2,300,00 FROM THE FIRE STATION BOND FUND NO. 212 FOR THE
PURPOSE OF PURCHASING COMMUNICATION FACILITIES AND BASIC FURNITURE AND EQUIPMENT
FOR FIRE STATION NO. 11 AT AIRLINE AND HUGO, PROJECT NO, 212-53-8; 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 present
and voting "Aye".
The foregoing ordinancee was passed by the following vote: Mayor McDonald,
Commissioners Swantner, Barnard, de Leon, Maldonado, Roberts and Young, all present
and voting "Aye".
Commissioner Barnard requested that the minutes reflect that he had
submitted the Report and Recommendations of the Transportation Committee on the
matter of Taxicabs Operation and Franchise in Corpus Christi at the Workshop Session
of the City Council on Monday evening, February 19, 1962.
_lotion by Roberts, seconded by Swantner and passed that the Report
of the Transportation Committee on the matter of Taxicabs Operation and Franchise
in Corpus Christi be received. (Council Exhibit #3 in File)
Howard Sudduth and Charles Lyman, attorneys for Corpus Christi Trans-
portation Company, protested vigorously and at length against the acceptance by
the Council of the Report of the Transportation Committee on the grounds that the
taxicab companies had not been allowed to meet with the Committee and discuss the
situation with them after having been invited to do so by the City Council; and
Regular Council Meeting
February 21, 1962
Page #8
further objected strenuously to any amendment to the present Taxicab Ordinance
being submitted to the City Attorney's office for drafting until the Taxicab com-
panies have had an Opportunity to examine and study the report and recommendations
of the Transportation Committee and to be heard in the matter.
Mayor Mcponald advised them that the Report of the Transportation Com-
mittee had only been received by the Council, but that no other action had been
taken.
Commissioner Barnard advised the Council that the Transportation Com-
mittee had voted not to meet with the attorneys for the taxicab companies, since
the City Staff had furnished very complete and full information in the matter and
the Committee felt that nothing more would be gained or accomplished by further
arguments and presentations by the attorneys.
After considerable discussion, the Council agreed to meet with any of
the interested parties at 730 p.m. on Monday, March 5, 1962, in a special Work-
shop Session, to discuss any of the features of the taxicab operation and franchise,
and directed that the City Secretary make available to any of the interested
parties copies of the Report in question.
There being no further business to come before the Council, the meeting
was adjourned.