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HomeMy WebLinkAboutMinutes City Council - 07/03/1962 - Special• CITY OF CORPUS CHRISTI, TEXAS SPECIAL COUNCIL MEETING July 3, 1962 2:00 P.M. PRESENT: Mayor Ben F. McDonald Commissioners: Tom R. Swantner Dr. James L. Barnard J. R. de Leon M. P. Maldonado W. J. Roberta • City Manager Herbert W. Whitney Assistant City Attorney Wayland Pilcher City Secretary T. Ray Kring Mayor Ben F. McDonald called the special meeting to order. The Invocation was given by Reverend Warren E. Bethke, Pastor of Evangelical Free Church. City Secretary T. Ray Kring called the roll of those in attendance. Motion by Swantner, seconded by Maldonado and passed that the absence of Commissioner Jim Young be excused for cause, and there being no objections to the the motion, it was so ordered. Motion by Maldonado, seconded by de Leon and passed that the minutes of the regular meeting of July 27, 1962, be approved as furnished to the Colwell, and there being no objections to the motion, it was so ordered. Mayor McDonald announced the opening of bids. Bids were opened and read on the proposed construction -of Storm Sewer Improvements along Greenwood Drive between Chula Vista,Gollihar west to the Airport Ditch, from the following: Heldenfels Brothers (C.C.); Slovak Brothers (C.C.); South Texas Construction Company (C.C.); Ross C. Watkins, Inc., (Laredo); and BurTex Constructors, Inc. (C.C.). The foregoing bids were tabled for 48 hours as required by the City Charter, and referred to the City Manager for tabulation and recommendation. Bids were opened and read on an estimated one year's supply of Street Sweeper Broom Material from the following: Davis Manufacturing Company., Inc. (San Antonio); Frank Deaver (Victoria); Girard Machinery & Supply Company (San Antonio); A. Steirert & Son, Inc. (Hatfield, Pa.); Thurmond Rental & Sales Corp. (San Antonio) and Tuffibre Co. (East Orange, N.J.); The foregoing bids were tabled for 48 hours as required by the City Charter, and referred to the City Manager for tabulation and recommendation. Bids were opened and read on an estimated one year's supply of Cast • • Special Council Meeting July 3, 1962 Page #2 • Iron and/or Asbestos Cement Pipe from the following: American C. I. Pipe (C.C.); James B. Clow (C.C.);Johns-Manville (C.C.); McAllen Pipe & Supply (C.C.); The Rohan Company (C.C.); SAMSCO (C.C.); U.S. Pipe & Fndry (C.C.); Viking Supply (C.C.). The foregoing bids were tabled for 48 hours as required by the City Charter, and referred to the City Manager for tabulation and recommendation. Bids were opened and read on an estimated one year's supply of Radio Tubes from the following: Electronic Equipment & Engineering (C.C.); and Modern Electronics Company (C.C.). The foregoing bids were tabled for 48 hours as required by the City Charter, and referred to the City Manager for tabulation and recommendation. Motion by de Leon, seconded by Roberts and unanimously passed that the City Manager°s Reports be accepted, and the recommendations and requests be approved and granted as follows: a. That the bid of Slovak Brothers, the only bid submitted, received by the Council June 27, 1962, on the Relocation of a Fire Alarm Conduit in connection with the Crosstown Expressway, State Highway 286, Unit I, be rejected on the basis that their bid of $5370 is $1970 higher than the estimated coat of $3400, and that in view of a possible saving of as much as $2370, the Public Works Department be authorized to purchase the necessary materials and services and perform the work with such City forces as can be most advantageously used with proper reimbursements; b. That authority to advertise for bids to be received on July 18, 1962, on an estimated 12 -months supply of Fuel Requirements be granted; c. That the award of bid on 1,644 Oil and Fuel Filters be made to Moreman Tire Company, the low bidder meeting specifications, for a total of $1,353.34; (Bid Tabulation #51 in File) d. That the award of bid on Corrugated Casing be made on the basis of low bids meeting specifications to Armco Steel Corporation for Items 1, 2, 3, 4, 5, 6 and 7, for a total of $9,505.72; and to Wyatt Industries, Inc. for Items 8 and 9, for a total of $6,187.71; making a grand total of $15,693.43; (Bid Tabulation #52 in file) • Special Council Meeting July 3, 1962 Page #3 • e. That the date of August 1, 1962, at 4:00 p.m., during a Special Council meeting, be set for public hearing on 2 zoning cases. ORDINANCE N0. 6565 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE AND DELIVER TO THE OWNER OF THE PEARY PLACE SUBDIVISION, NUECES COUNTY, TEXAS, A RELEASE FROM PIPELINE EASEMENT DATED APRIL 6, 1959, RECORDED IN VOL. 853, PAGE 250, OF THE DEED RECORDS OF NUECES COUNTY, TERAS, SAID RELEASE COVER- ING ONLY THAT PORTION OF 8" WATER LINE LYING WITHIN THE PEARY PLACE SUBDIVISION, NUECES COUNTY, TEXAS; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Mayor McDonald, Commissioners Swantner, Barnard, de Leon, Maldonado and Roberts, present and voting "Aye", Commissioner Young absent. The foregoing ordinance was passed by the following vote: Mayor McDonald, Commissioners Swantner, Barnard, de Leon, Maldonado and Roberts, present and voting "Aye", Commissioner Young absent. ORDINANCE N0. 6566 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 AMENDING THE ZONING MAP BY CHANGING THE ZONING OF LOTS 1, 2, 3 AND 4 OF UNIT 2, A RE- SUBDIVISION OF A PART OF LOT 7, SECTION D, PAISLEY SUBDIVISION OF THE HOFFMAN TRACT, AN ADDITION TO THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, AS SHOWN BY MAP OR PLAT THEREOF, RECORDED IN VOL. 25, PAGE 27 OF THE NUECES COUNTY MAP RECORDS, FROM "R -1B" ONE -FAMILY DWELLING DISTRICT TO "B-1" NEIGHBORHOOD BUSINESS DISTRICT; KEEPPING 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 and Roberts, present and voting "Aye", Commissioner Young absent. The foregoing ordinance was passed by the following vote: Mayor McDonald, Commissioners Swantner, Barnard, de Leon, Maldonado and Roberts, present and voting "Aye", Commissioner Young absent. FIRST READING OF AN ORDINANCE AMENDING THE CORPUS CHRISTI CITY CODE, 1958, BY ADOPTING NEW ORDINANCE REGULATING THE MNG OF ANIMALS, FOWLS AND PETS BY AMENDING ARTICLE II, CHAPTER 5 OF SAID CODE, BY ADOPTING NEW PROVISIONS, AMENDING PROVISIONS AND RENUMBERING PROVISIONS OF SAID ARTICLE II SO THAT SECTIONS 5-16 THROUGH 5-30, INCLUSIVE, SHALL HEREAFTER READ AS HEREIN PROVIDED; PROVIDING FOR EFFECTIVE DATE; PROVIDING FOR PENALTY; 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 and Roberts, present and voting "Aye", Commissioner Young absent. • Special Meeting July 3, 1962 Page #4 • • • FIRST READING OF AN ORDINANCE PROVIDING FOR THE LICENSING OF PEST CONTROL OPERATORS AS THEREIN DEFINED; CREATING A PEST CONTROL LICENSING ADVISORY COMMITTEE; AND DEFINING THEIR DUTIES; PROVIDING SAID LICENSE SHALL NOT BE TRANSFERABLE; PROVIDING FOR THE DISPLAY OF TRP LICENSE NUMBER; PROVIDING FOR LICENSE PLEB; PROVIDING FOR FINANCIAL RESPONSIBILITY COVERAGE; PROVIDING FOR SUSPENSION OR REVOCATION OF A LICENSE; PROVIDING FOR AN APPEAL FROM SUCH SUSPENSION OR REVOCATION; AND THE METHOD THEREOF; PROVIDING FOR WRITTEN NOTICE OF SUSPENSION OR REVOCATION OF LICENSE; PROVIDING THAT VIOLATIONS OF THIS ORDINANCE SHALL BE A MISDEMEANOR SETTING A FINE THEREFOR; EXCLUDING FROM THIS ORDINANCE WORK DONE BY A PERSON ON HIS OWN HOME, BUSINESS OR PERSONAL PROPERTY HE MAY OWN; PROVIDING FOR THE FURNISHING OF INFORMA- TION TO THE CORPUS CHRISTI POISON CONTROL CENTER; AND CONTAINING 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 and Roberts, present and voting "Aye", Young absent. ORDINANCE N0. 6567 THIRD READING OF AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER OF THE CITY OF CORPUS CHRISTI, TEXAS TO EXECUTE A CONTRACT BY AND BETWEEN THE CITY OF CORPUS CHRISTI AND CONTINENTAL OIL COMPANY FOR THE LEASE BY SAID CITY TO THE SAID CONTINENTAL OIL COMPANY OF CERTAIN REAL ESTATE IN NUECES COUNTY, TEXAS, WITHIN THE LIMITS OF THE CITY OF CORPUS CHRISTI, MORE PARTICULARLY DESCRIBED IN 'PHB BODY HEREOF; SJ;J'1ING FORTH THE TERMS AND CONDITIONS OF SAID LEASE CONTRACT. The foregoing ordinance was read for the third time and passed finally by the following vote: Mayor McDonald, Commissioners Swantner, Barnard, de Leon, Maldonado and Roberts, present and voting "Aye", Young absent. Mayor McDonald called for petitions or information from the audience on matters not scheduled on the agenda. W. W. Redfox of 825 Rossi, appeared to request action on a petition which was presented to the Council in August of 1961, to extend Fort Worth Street through to Minnesota; that residents of Cooperdale Addition have only one entrance and one exit and that being by entering South Staples; that students to Ray, Hamlin and Fisher Schools are forced to enter this very busy thoroughfare. Mr. Redfox was advised that Commissioner Young has been assigned to and is now working to get right of way donated by the property owners; that possibly a temporary shell street would be considered. (Petition had been withdrawn to obtain additional signatures - none were obtained, hence Petition refiled under same number #10 - 1961). Bill McAdams, a local pest control operator appeared and thanked the Council for its action in passing the Peat Control Ordinance. Mayor McDonald declared a ten-minute recess. Special Meeting July 3, 1962 Page #5 Mayor McDonald reconvened the meeting and announced the presence of the Honorable John Connally, Texas Democratic Gubernatorial Candidate, presently visiting the City in connection with the Fourth of July Celebration. Mr Connally was pre- sented a symbolic key to our City by Commissioner Swantner. Mayor McDonald announced the Council would next hold the public hearing scheduled for 3 o'clock, p.m., on the assessments for the proposed street improvements on Everhart Road from the intersection of Parkdale Drive to Lexington Boulevard. Jack Grahm, Director of Public Works, presented the plans for the improve- ments and the preliminary assessment roll; explained the nature, extent and specifi- cations of the proposed improvements; the cost of construction; the amount of cost to be borne by the City, and the amount to be assessed against the abutting property owners; the manner in which such pro rata share was computed; the various methods of payment of assessment; and explained that the improvements are being made on petition of abutting property owners, filed with the Council in November 1960, for such im- provements under this Council's Voluntary Street Improvement Assessment Program; that full credit will be given for all existing sidewalk and driveways which must be re- placed to fit new grades, and a pro rata credit for existing curb and gutter based on a life expectancy of 20 years will be given Harold Carr testified as to his background and experience which he felt qualified him as a real estate appraiser for all types of properties in this City; testified that he had personally viewed and understood the extent and specifications of the proposed improvements; that he had persorw»y viewed within the past week the assessment roll of 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 assessments. Assistant City Attorney James S. Tunnell stated the procedure for holding the hearing would be to call the names of the property owners as they are listed on the assessment roll and that each property owner would state his objection or approval to any of the proposed improvements or assessments relative to his property in the order his or her name was called. The following persons appeared: Lee Mahoney, attorney representing Horace L. Tettleton, Kenneth E. Wallace, Dr. Thomas York, Minnie B. Oliphant, Howard L. Dahlberg, Jesus Talamantes, Herein M. • • • Special Council Meeting July 3; 1962 Page #6 Talamantes and George W. Day, owners of property on Everhart Road, Items 2 thru 9, objected to the amount of the assessments, stating that the values of properties on Everhart did not compare to that on Weber Road, that property owners on Weber were assessed 25 percent to 50 percent of the cost of the paving and that property owners on Everhart were being assessed 80 percent of the cost of the paving; that he could not see the difference, and that in his opinion the property on Everhart would not be enhanced in value the amount of the assessment. P. K. Davis, Item No. 11, appeared but stated that he did not wish to make a statement. Verna Livingston, Item No. 15, objected to sidewalks being constructed on Everhart Street for lack of sidewalk traffic and maintenance. Herb French spoke for Maude French Smith, Item No. 20, stating that he does not object to the paving and the curbs and gutters, but sees no use for side- walks at the present time. He further stated that he would enter into an agreement with the City to construct sidewalks at the time the property is platted. Further, since the property is =platted, how could anyone know where to put driveways. Lloyd S. Lafave, Item No. 31, stated that improvements already exist in front of his house and that they are entirely satisfactory; that new paving is just an added expense; and that none of the owners abutting the two blocks on Everhart Street which has curb, gutter and sidewalks signed the petition for this paving project. Aaron Cash, Item No. 32, appeared and stated that had he known that the City was going to tear up the present pavement he would not have purchased his property; that existing improvements are satisfactory and that he does not see how his property could be enhanced by the new improvements. Elmer Ray Nobles, Item No. 33, objected to destroying the existing pave - went. Richard J. Hatch, attorney and former owner of Item No. 35, appearing for the present owner, objected to the amount of assessments against the two -block area of Windsor Park #4 Subdivisions, particularly the amount the City is asking the owners to pay for a change in grade, stating that it will not increase the property valuations. Special Council Meeting July 3, 1962 Page #7 Mrs. Dale Fox, Item No. 36, wanted to know if the new curbs would be the roll type curbs. C. Gordon Moore, Item No. 37, asked for more detailed description of specifications. Mrs. Milton Houston Fraiser, Item No. 39, objected to the construction of a driveway to her property, stating that she has a drive at the back of her lot and does not use or want the driveway on Everhart. Monte Whitten, owner of Item No. 43 under a recorded contract of sale, questioned the circulation of the petition, stating that he had not been approached to sign such a petition. Mrs. Robert H. Neargardner, Item No. 46, questioned the length of time specified for completion of the project and whether she would be subjected to the in- convenience n-convenience of not being able to get into the street and her driveway. There followed a lengthy discussion in which attorneys Hatch, George Shaffer and Toufic Nicolas questioned Mr. Carr and Mr. Graham as to property values, costs to property owners, allowances for existing curbs, gutters and sidewalks, and uniformity of the new improvements. Attorneys Charles Cartwright and Tunnell re - questioned Mr. Carr and Mr. Graham on redirect. No one else appeared to be heard. Motion by Barnard, seconded by Roberts and passed that the hearing be closed and that the questions of assessment be taken under advisement after a full study of the testimony. There being no further business to come before the Council, the meeting was adjourned. 044 TEE STATE OF TEXAS CO= OF NUECES CITY OF CORPUS CHRISTI NOTICE OF SPECIAL SING TO THE M7M-WRS: ` TUE CITY COUNCIL, THE CITY MANAGER, THE CITY SECRETARY AND THE 02TY ATTORNEY TO THE CI( OF CORPUS CHRISTI, TEXAS: NOTICE is hereby given that a special meeting of the City Council of the City of Corpus Christi, Texas, will be held in the City of Corpus Christi, Texas, iP the day of Council Chamber of the City Hall, at 2 JUDY 196, for the purpose of transacting the regular business of the week in view of the regular meeting day failing on a legal holiday - July 4, 1962 oiclock P. M. on the 3rd DA...21J this the 3 day of July , 1962 BEN F. MC DONALD, Mayor City of Corpus Christi, Texas CONSENT TO MEETING We, the undersigned members of the City Council, the City Manager, the City Secretary and the City Attorney of Corpus Christi, Texas, hereby accept service of the foregoing notice, waiving any and all irregularities in such service and consent and agree that said meeting shall be at the time and place therein named and for the purpose therein stated. TOM IL ANT1\th HERBERT- W. oTh-. City Manager JIM YOUNG • (R Ad)City Attorney T. RAY City cretary