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
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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
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Special Council Meeting
July 3, 1962
Page #2
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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)
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Special Council Meeting
July 3, 1962
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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.
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Special Meeting
July 3, 1962
Page #4
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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.
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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.
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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