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HomeMy WebLinkAboutMinutes City Council - 04/04/1962PRESENT: Mayor Ben F. McDonald Commissioners: Dr. James L. Barnard J. R. de Leon M. P. Maldonado W. J. Roberts Jim Young REGULAR COUNCIL MEETING April 4, 1962 2:00 P.M. City Manager Herbert W. Whitney City Attorney I. M. Singer City Secretary T. Ray Kring Mayor Ben F. McDonald called the meeting to order. The Invocation was given by Reverend Clay H. Dilworth, of Calvary First Baptist 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 Commissioner Tom R. Swantner from the special meeting of April 3 and from the regular meeting of April 4, 1962, be excused for cause. Motion by de Lebn, seconded by Roberts and passed that the minutes of the regular meeting of March 28 and of the special meeting of April 2, 1962, be approved as furnished to the Council. Mayor McDonald welcomed the audience to the first meeting of this Council's second year in office, and announced the Council would first consider appointments to Boards and Committees. Commissioner Young nominated the following for the Airport Advisory Board: Bruce Freeman, Robert E. Schneider, Arnold 0. Morgan, Dennis Walker, and William Whittet. Motion by de Leon, seconded by Maldonado and passed that nominations cease, and those named be elected. Certificates of Appointment and a copy of Ordinance No. 6460 govern- ing procedure for all boards and committees were presented to the new board. Commissioner Maldonado nominated the following for the Board of Adjustment of the Airport Commission: Dr. J. E. Upshaw, William Whittet, and Robert E. Schneider. Mayor McDonald suggested that nominations cease, and those named be elected, and hearing no objections, it was so ordered. Certificates of Appointment and a copy of Ordinance No. 6460 were pre- sented to the foregoing. • Regular Council Meeting April 4, 1962 Page 2 Mayor McDonald announced the Council would appoint only the City - Appointees to the statutory Joint Airport Zoning Board, and that the joint - appointee of the City and the County would be made at a later date. Commissioner Roberts nominated the following for the Joint Airport Zoning Board as the City -appointees': Jack Constantine and Charles R. Manning. Mayor McDonald suggested that nominations cease, and those named be elected, and hearing no objections, it was so ordered. Certificates of Appointment and a copy of Ordinance No. 6460 were presented to the foregoing. Commissioner Barnard nominated the following for the Bayfront Advisory Board: John P. Mitchell, Jr., Virgil Crane, Claude L. Matthews, Mrs. Bliss Scott, Harry Coles, Guy Allison, and Minor Culli. Mayor McDonald suggested that nominations cease, and those named be elected, and hearing no objections, it was so ordered. Certificates of Appointment and a copy of Ordinance No. 6460 were presented to the foregoing. Commissioner de Leon nominated the following for the Board of Adjust- ment: J. B. Trimble, Edward R. Raasch, Sam Perkins, Celso Moreno, J. Homer Mann, with John Miller and Bill Reed alternates. Mayor McDonald suggested that nominations cease, and those named be elected, and hearing no objections, it was so ordered.. Certificates of Appointment and a copy of Ordinance No. 6460 were presented to the foregoing. Commissioner de Leon nominated the following for the Housing Authority: William B. Cox, Jr., Dr. W. A. Miller, J. E. McCord., Jr. Mayor McDonald suggested that nominations cease, and those named be elected, and hearing no objections, it was so ordered. Certificates of Appointment and a copy of Ordinance No. 6460 were pre- sented to the foregoing. Commissioner Roberts nominated the following for the Examining & Super- vising Board of Electricians: C. E. Dudley, B. L. Guest, Bill Lowe, and Raymond Parks; and Joseph H. Schulze as Journeyman to the Examining & Supervising Board of Plumbers. Regular Council Meeting April 4, 1962 Page 3 Mayor McDonald suggested that nominations cease, and those named be elected, and hearing no objections, it was so ordered. Certificates of Appointment and a copy of Ordinance No. 6460 were pre- sented to the foregoing. Mayor McDonald welcomed to the meeting Mrs. Kay McCracken and a group of students from Del Mar College, who were introduced to the Council. Gerald C. Letch, Director of Public Utilities, introduced as special guest, Mohammed H. Rahimtoola, Chief Engineer of Pakistan, City of Karachi, who is here to observe our methods of operating water systems under the auspices of the Agency for International Development in the Health and Welfare Department. In acknowledging the introduction Mr. Rahimtoola expressed his appreciation of the aid that this country and others are giving his people, and of the opportun- ity of studying our modern methods of operation, and briefly described his country with respect to population and area. Motion by Barnard, seconded by de Leon and passed that a Certificate of Honorary Citizenship and a symbolic Key to our City be prepared and presented to Mohammed H. Rahimtoola. Mayor McDonald announced the opening of bids. Bids were opened and read on the Enlargement to Oso Sewage Treatment Plant #1 from the followings Slovak Brothers, Inc.; Bur -Tex Constructors, Inc.; McKinzie Construction Co.; and Heldenfels Brothers. 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 read a proclamation proclaiming Saturday, April 14, 1962, as Pan American Day, and the week of April 8 through 14, 1962, as Pan American Week in the City of Corpus Christi, and urging the citizens and inter- ested organizations to participate in commemorating the Day and Week in view of the importance of inter -American friendship to our own national welfare and that of neighbor republics. Mayor McDonald called for the City Manager's Reports. Motion by Roberts, seconded by Barnard and passed that the City Mana- ger's reports be accepted and the recommendations and requests be approved and granted as follows: • • Regular Council Meeting April 4, 1962 Page 4 a. That the award of contract for the proposed improvements on Kosar, Vine, Davis and Hamilton Streets be made to Womack and Manning, the low bidder, in the amount of $54,624.48; and that the sum of $60,000.00 be appropriated for this project; b. That the Street Improvements on 14th Street and Power Street, made under our Property owner Participation Program, be accepted and final payment to Fowco Construction Co. of Estimate #2 in the amount of $7,237.97 be approved.; c. & d. That an agreement with Southwestern Bell Telephone Co. pro- viding for the payment to the telephone company of the sum of $1,883.29 to com- pensate for the relocation of certain facilities that cross State Highway 286 in connection with the Crosstown Freeway, and with the Texas Highway Department for reimbursement of half of the amount to the City, be approved; e. That the Fallout Shelter Committee and the Sanitation Committee be abolished since the purposes for which they were created and appointed have been fulfilled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he foregoing ordinance was read for the second time and passed to its third reading by the following vote: Mayor McDonald, Commissioners Barnard, de Leon, Maldonado, Roberts, and Young all present and voting "Aye", with Commissioner Swantner absent. SECOND READING OF AN ORDINANCE MAKING IT AN OFFENSE TO TRESPASS IN OR UPON, INTERFERE WITH, OR USE PROPERTY OF ANOTHER PERSON WITHOUT CONSENT; DESIG- NATING SUCH PROVISION AS AN AMENDMENT TO CORPUS CHRISTI CITY CODE, 1958, AS A NEW SECTION TO BE NUMBERED SECTION 23-37; MAKING IT AN OFFENSE TO FAIL TO PROMPTLY LEAVE THE PREMISES OF ANOTHER PERSON WHEN REQUESTED AND DESIGNATING SUCH PROVISION AS AN AMENDMENT TO CORPUS CHRISTI CITY CODE, 1958, AS A NEW SEC- TION TO BE NUMBERED SECTION 23-38; PROVIDING PENALTY, PUBLICATION AND SEVERANCE CLAUSES AND Er'i CTIVE DATE. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Mayor McDonald, Commissioners Barnard, de Leon, Maldonado, Roberts, and Young all present and voting "Aye", with Commissioner Swantner absent. Regular Council Meeting April 4, 1962 Page 5 THIRD READING OF AN ORDINANCE: ORDINANCE NO. 6473 AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, A LEASE AGREEMENT WITH THE CORPUS CHRISTI TENNIS ASSOCI- ATION, FOR A TERM OF FIVE YEARS, CONCERNING AN AREA OF THE H. E. BUTT PARK, MORE PARTICULARLY DESCRIBED IN SAID LEASE, A COPY OF WHICH IS -ATTACHED HERETO AND MADE A PART HEREOF. The foregoing ordinance was read for the third time and passed finally by the following vote: Mayor McDonald, Commissioners Barnard, de Leon, Maldonado, Roberts, and Young all present and voting "Aye", with Commissioner Swantner absent. ORDINANCE NO. 6474 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A CONTRACT WITH WOMACK AND MANNING FOR THE CONSTRUC- TION OF KOSAR, VINE, DAVIS AND HAMILTON STREET IMPROVEMENTS, PROJECT NO. 220- 61-69.3; APPROPRIATING OUT OF NO. 220 STREET BOND IMPROVEMENT FUND THE SUM OF $60,000.00 OF WHICH AMOUNT $54,624.48 IS FOR THE CONSTRUCTION CONTRACT, $5,375.52 IS FOR CONTINGENCIES, INCLUDING LEGAL TESTIMONY, ADVERTISING AND RECORDING FEES, LABORATORY TESTING, ENGINEERING; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Mayor McDonald, Commissioners Barnard, de Leon, Maldonado, Roberts, and Young all present and voting "Aye", with Commissioner Swantner absent. The foregoing ordinance was passed by the following vote: Mayor McDonald, Commissioners Barnard, de Leon, Maldonado, Roberts, and Young all present and voting "Aye", with Commissioner Swantner absent. ORDINANCE NO. 6475 RECEIVING AND ACCEPTING THE CONSTRUCTION OF THE 14TH AND POWER STREET IMPROVE- MENTS, PROJECT NO. 220-61-69.2, AS PERFORMED BY THE CONTRACTOR, FOWCO CONSTRUC- TION COMPANY UNDER THEIR CONTRACT DATED JANUARY 10, 1962, AUTHORIZED BY ORDIN- ANCE NO. 6386; AUTHORIZING PAYMENT OF FINAL ESTIMATE NO. 2, DATED MARCH 15, 1962, IN THE AMOUNT OF $7,237.97, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, SAID PAYMENT TO BE MADE OUT OF N0. 220 STREET BOND FUNDS PRE- VIOUSLY APPROPRIATED FOR THIS PROJECT; APPROVING CORREUTEU FINAL STREET IM- PROVEMENT ASSESSMENTS APPLICABLE TO THIS PROJECT, DATED MARCH 21, 1962, IN THE AMOUNT OF $10,394.83, ACCORDING TO THE CORRECTED ASSESSMENT ROLL, 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 Barnard, de Leon, Maldonado, Roberts, and Young all present and voting "Aye", with Commissioner Swantner absent. The foregoing ordinance was passed by the following vote: Mayor McDonald, Commissioners Barnard, de Leon, Maldonado, Roberts, and Young all present and voting "Aye", with Commissioner Swantner absent. • Regular Council Meeting April 4, 1962 Page 6 ORDINANCE No. 6476 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A CONTRACT WITH SLOVAK BROTHERS, CONTRACTORS, FOR CONSTRUCTION CONSISTING OF RIP RAP REPAIRS AT THE WESLEY SEALE DAM; APPROPRI- ATING AND REAPPROPRIATING FUNDS IN THE CONTRACT AMOUNT OF $6,250.50, CURRn1v1'- LY BUDGETED IN WATER SUPPLY ACTIVITY N0. 5112, CODE 345; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Mayor McDonald, Commissioners Barnard, de Leon, Maldonado, Roberts, and Young all present and voting "Aye", with Commissioner Svantner absent. The foregoing ordinance was passed by the following vote: Mayor McDonald, Commissioners Barnard, de Leon, Maldonado, Roberts, and Young all present and voting "Aye", with Commissioner Swantner absent. ORDINANCE NO. 6477 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A CONTRACTUAL AGREEMENT WITH THE TEXAS HIGHWAY DE- PARTMENT AND SOUTHWESTERN FtFf•T TELEPHONE COMPANY, PROVIDING FOR THE PAYMENT TO THE; SOUTHWESTERN BFd•T TELEPHONE COMPANY OF THE SUM OF $1,883.29 AND FURTHER PR0- VIDING FOR THE REIMBURSEMENT OF THE CITY OF CORPUS CHRISTI BY THE STATE HIGHWAY DEPAR'TMEN'T OF 50% OF SAID AMOUNT, ALL IN CONNECTION WITH THE RELOCATION OF OVER- HEAD TELEPHONE LINES CROSSING STATE HIGHWAY 286 AT TEXAS MEXICAN RAILROAD IN CONNECTION WITH THE CONSTRUCTION OF THE CROSSTOWN EXPRESSWAY PROJECT, HIGHWAY 286 RELOCATED, ALL AS MORE FULLY DESCRIBED IN THE AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; APPROPRIATING THE SUM OF $1,883.29 OUT OF N0. 220 STREET BOND IMPROVEMENT FUND, PROJECT NO. 220-56-24, STAGE 1, FOR PAYMENT TO SOUTHWESTERN BEV TELEPHONE COMPANY AS AFORESAID; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Mayor McDonald, Commissioners Barnard., de Leon, Maldonado, Roberts, and Young all present and voting "Aye", with Commissioner Swantner absent. The foregoing ordinance was passed by the following vote: Mayor McDonald, Commissioners Barnard, de Leon, Maldonado, Roberts, and Young all present and voting "Aye", with Commissioner Swantner absent. ORDINANCE NO. 6478 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 TRF ORDINANCE AND RESOLUTION RECORDS, AS AMENDED FROM TIME TO TIME, AND PARTICULAR- LY 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 LOT 1, UNIT 1, WASH - BURN MEADOWS ADDITION, AN ADDITION TO TIL CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" ONE -FAMILY DWELLING DISTRICT TO "B-11' NEIGHBORH00D BUSINESS DISTRICT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE`EXISTING ORRDINANCE 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 Barnard, de Leon, Maldonado, Roberts, and Young all present and voting "Aye", with Commissioner Swantner absent. • • Regular Council Meeting April 4, 1962 Page 7 The foregoing ordinance was passed by the following vote: Mayor McDonald, Commissioners Barnard, de Leon, Maldonado, Roberts, and Young all present and voting "Aye", with Commissioner Swantner absent. RESOLUTION N0. 6479 RESOLUTION OF THE COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, EXTENDING AN INVITATION TO THE CITY OFF YOKOSUKA, JAPAN, AS A SISTER -CITY IN ilih PEOPLE -TO - PEOPLE PROGRAM AND INVITING Tab. PEOPLE OF YOKOSUKA TO PARTICIPATE IN SAID PROGRAM. The Charter rule was suspended by the following vote: Mayor McDonald, Commissioners Barnard, de Leon, Maldonado, Roberts, and Young all present and voting "Aye", with Commissioner Swantner absent. The foregoing resolution was passed by the following vote: Mayor McDonald, Commissioners Barnard, de Leon, Maldonado, Roberts, and Young all present and voting "Aye", with Commissioner Swantner absent. Mayor McDonald requested that a copy of the foregoing resolution be sent to the Mayor of Yokosuka together with a letter inviting that City's parti- cipation in the program. Mayor McDonald announced. that Workshop Session for the Council would be held next Tuesday morning at 10:00 a.m., to be followed by a Special Council Meeting at 11:00 a.m. for the sale of $3,950,000 of bonds. Joe Bradford, representing Steve Sash & Door Co., petitioned the Council for a building permit for the purpose of raising the sides of their building and putting on a new roof at their location on property owned by the Missouri -Pacific Railroad Company which permit has been denied by the Building Inspection Department on the basis that their building is located on unplatted land. City Manager Whitney and Director of Public Works Jack Graham each ex- plained that the Missouri -Pacific owns two tracts of land, neither of which have ever been platted; that the City Charter prohibits the issuing of a permit for building or remodeling on land that is not properly platted; that the City's policy has been to issue an interim permit in instances where the owner has signed an affidavit to the effect that the land would be, or was in the process of being, platted; that such interim permits had been issued in 1957 for the same tract of land on which Mr. Bradford's company is located under this policy, but that to date the land has not been properly platted, and that a similar con- dition exists for the other tract of land owned by Missouri -Pacific. • Regular Council Meeting April 4, 1962 Page 8 The matter was referred to the City Manager to investigate each in- stance and recommend procedure to bring about compliance and fulfillment of good faith. William Sutherland and Mr. Rosenstein each questioned their under- standing of a recent news item to the effect that Police vehicles and Ambulances must, at all times, observe all traffic signs and signals. It was explained that in an attempt to improve the accident experience of the Police Department, the Police Chief had issued directives to his officers that all routine runs of Police vehicles were to observe all traffic laws, and that in the case of emergency runs, all Police vehicles were to slow down at all stop signs and stop signals, sound siren and proceed with caution through stop signal or intersection;'that this is all governed by the City Code, 1958, for all emergency vehicles which would include ambulances; that in the instance of a private citizen transporting an injured person to a hospital, it would be more expedient to wait for a police escort, since he would be making the emer- gency run at his own risk. Mayor McDonald requested the City Manager to give this explanation immediate coverage through the various news. media of the City in order to better inform the public and clear up an obvious misunderstanding or Misinterpretation. Eddie Puckett, 4613 Mt. Vernon, appeared in support of the petition which had been received by the Council to deny the application of anyone or any firm, company or corporation to purchase from the City the 1.2 acre park proper- ty in the Parklane Addition Unit 2. (Petition #3) Mayor McDonald ordered the petition received, and explained that this matter had been submitted to the Zoning & Planning Commission; that when and if the matter comes before the City Council, the petition will be given due consid- eration; and that in any -event, he did not believe the City was going to give away any of its land. There being no further business to come before the Council, the meet- ing was adjourned.'