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HomeMy WebLinkAboutMinutes City Council - 07/18/1962PRESENT: Mayor Pro Tem Tom R. Swantner Commissioners: Dr. James L. Barnard J. R. de Leon M. P. Maldonado W. J. Roberts Jim Young CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING July 18, 1962 2:00 p.m. 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 Stephen L. Norman, Pastor of Glad Tidings Assembly of God Church. City Secretary T. Ray Kring called the roll of those in attendance. Motion by de Leon, seconded by Barnard and passed that the absence of Mayor Ben F. McDonald be excused for cause. Motion by Roberts, seconded by Maldonado and passed that the minutes of the regular meeting of July 11, 1962, at 2 p.m., and of the special meeting of July 11, 1962, at 4 p.m., be approved as furnished to the Council. Mayor Pro Tem Swantner announced the opening of bids. Bids were opened and read on an estimated year's supply of Fuel Requirements, consisting of Premium Gasoline, Diesel Fuel, and Kerosene, from the following: Ada Oil Co.; Gulf Oil Corp.; Humble Oil & Refining Co.; Key Petroleum Co.; Mobil Oil Co.; Texaco, Inc.; and Texas Star Oil Co. 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 Pro Tem Swantner called for the City Manager's Reports. Motion by de Leon, seconded by Young and passed that the City Manager's Reports be accepted, and the recommendations and requests be approved and granted, as follows: a. That the sum of $8,365.99 be transferred from the Sewer Bond Fund to the Sewer Construction Fund for the cost of construction of the sewer line extension from the intersection of Highway 9 and Lexington to the Holiday Inn Motel; b. That the report of the Internal Auditor on his audit of the cash accounts of K. A. Wainscott, Tax Assessor -Collector upon termination of his employ- ment with the City as required by the City Charter, indicating that all cash was properly accounted for, be accepted and that the surety bond of K. A. Wainscott be released; Regular Council Meeting July 18, 1962 Page #2 c. That the only bid received on the straightening of the curve in con- nection with the realignment of Third and Carancahua be rejected on the basis that it considerably exceeds the estimate, and that the work be included with the Santa Fe Street Improvements; d. That the bid award on Street Sweeper Broom Material be made on the basis of low bid meeting specifications to Thurmond Rental & Sales Corp., for Lot I, Filler Strips, for a total of $3,585.60; and to Girard Machinery & Supply Co. for Lot II, Heavy Gutter Broom Wire and Hickory Fibre, for a total of $1,748.81; making a grand total of $5,334.41; (Bid Tabulation #57 in File) e. That the bid award on Cast Iron and/or Asbestos Cement Pipe be made on the basis of low bid meeting specifications to American Cast Iron Pipe Co. for Lot I, 8 items of Cast Iron Pipe, consisting of 400° of 4", 2,500' of 6", 600° of 8", 500' of 10", 350' of 12", 200° of 16", 1,000' of 20" (with mechanical joint only) and 2,00eof 4" (with joint optional), for a total of $21,852.00; and to McAllen Pipe & Supply Co. for Lot II, 5 items of Pipe, consisting of 30,000' of 6", 12,816' of 8", 2,500' of 10", 2,5008 of 12", and 6,100' of 16", for a total of $100,174.52; making a grand total of $122,026.52; (Bid Tabulation #58 in File) f. That the bid award on Radio Tubes be made on the basis of low bid meet- ing specifications to Modern Electronics Co. for 41 items totaling approximately 1,066 pieces, for a total of $1,412.65; (Bid Tabulation #59 in File) g. That the Tax Error and Correction List for June, 1962, be approved; h. That the date of the public hearing on the zoning application of Joe Simon and Sam Perkins be reset for hearing at a special Meeting on August 8, 1962, at 4 p.m., and that the date of August'8, 1962, 4 p.m., at a special meeting be set for public hearing on 3 additional zoning applications. Mayor Pro Tem Swantner acknowledged the presence and welcomed to the meeting a group of members of the Junior League. Motion by Roberts, seconded by de Leon and passed that Items "e" and "f" under Ordinances be withheld and considered separately in order to allow opportunity for comment before final reading and vote. Regular Council Meeting July 18, 1962 Page #3 ORDINANCE NO. 6571 APPROPRIATING OUT OF NO. 25Q SANITARY SEWER BOND CONSTRUCTION FUND THE SUM OF $8,365.99 FOR CONSTRUCTION BY CITY FORCES OF A SANITARY SEWER LINE EXTENSION FROM LEXINGTON AVENUE ALONG HIGHWAY 9 TO HOLIDAY INN MOTEL, NECESITATED BY VIRTUE OF RECENT ANNEXATION OF AREA INTO THE CITY; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Mayor McDonald, absent; Mayor Pro Tem Swantner, Commissioners Barnard, de Leon, Maldonado, Roberts and Young, present and voting "Aye". The foregoing ordinance was passed by the following vote: Mayor McDonald, absent; Mayor Pro Tem Swantner, Commissioners Barnard, de Leon, Maldonado, Roberts and Young, present and voting "Aye". ORDINANCE NO. 6572 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO ACQUIRE FOR THE CITY ALL OF THE PIPES, VALVES, METERS AND OTHER -EQUIP- MENT OF A CERTAIN WATER PIPELINE SYSTEM EXTENDING FROM MC ARDLE ROAD IN A SOUTHERLY DIRECTION ALONG LEXINGTON ROAD A DISTANCE OF APPROXIMATELY 3000 FEET; APPROPRIATING AND REAPPROPRIATING THE SUM OF $280.00 OUT OF WATER M&O FUND 141, ACTIVITY 5161, WATER CONSTRUCTION CODE 502, TO BE PAID UPON DELIVERY OF A BILL OF SALE TO THE CITY OF SAID PROPERTY, A COPY OF WHICH BILL OF SALE IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following Votp: Mayor McDonald, absent; Mayor Pro Tem Swantner, Commissioners Barnard, de Leon, Maldonado, Roberts and Young, present and voting "Aye". The foregoing ordinance was passed by the following vote: Mayor McDonald, absent; Mayor Pro Tem Swantner, Commissioners Barnard, de Leon, Maldonado, Roberts and Young, present and voting "Aye". ORDINANCE NO. 6573 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 AMEND- ING THE ZONING MAP BY CHANGING THE ZONING OF LOTS 37, 38, 39, 40, 41 AND 42, BLOCK 817, PORT ARANSAS CLIFFS ADDITION, AN ADDITION TO THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, BEING THAT PROPERTY LOCATED ON THE NORTHEAST RIGHT OF WAY LINE OF SOUTH ALAMEDA STREET, 550 FEET NORTHWEST OF THE INTERSECTION OF SOUTH ALAMEDA STREET AND DODDRIDGE STREET, EXTENDING 150 FEET IN A NORTHWESTERLY DIRECTION ALONG SOUTH ALAMEDA STREET AND EXTENDING TO A DEPTH OF 125 FEET, FROM "R-2" TWO-FAMILY DWELLING DISTRICT TO "AB" PROFESSIONAL OFFICE DISTRICT; AND CHANGING THE ZONING OF LOTS 1 AND 25, BLOCK 7, SAN DIEGO ADDITION, UNIT I, AN ADDITION TO THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" ONE -FAMILY DWELLING DISTRICT TO "B-1" NEIGHBORHOOD BUSINESS DISTRICT AND THE ZONING OF LOT 2, BLOCK 7, SAN DIEGO ADDITION, UNIT 1, FROM "R -1B" ONE -FAMILY DWELLING DISTRICT TO "AB" PROFESSIONAL OFFICE DISTRICT KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. • • Regular Council Meeting July 18, 1962 Page #4 The Charter rule was suspended by the following vote: Mayor McDonald, absent; Mayor Pro Tem Swantner, Commissioners Barnard, de Leon, Maldonado, Roberts and Young, present and voting "Aye". The foregoing ordinance was passed by the following vote: Mayor McDonald, absent; Mayor Pro Tem Swantner, Commissioners Barnard, de Leon, Maldonado, Roberts and Young, present and voting "Aye". ORDINANCE NO. 6574 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 GRANTING A SPECIAL USE PERMIT FOR LOT 52, BLOCK 4, AIRPORT PARK, LOCATED AT 1013 POST STREET, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FOR THE PURPOSES AND UNDER THE CONDITIONS HEREIN CONTAINED; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXIST- ING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLAR- ING AN EMERGENCY. The Charter rule was suspended by the following vote: Mayor McDonald, absent; Mayor Pro Tem Swantner, Commissioners Barnard, de Leon, Maldonado, Roberts and Young, present and voting "Aye". The foregoing ordinance was passed by the following vote: Mayor McDonald, absent; Mayor Pro Tem Swantner, Commissioners Barnard, de Leon, Maldonado, Roberts and Young, present and voting "Aye". Mayor Pro Tem Swantner announced the Council would consider Item "e" under Ordinances, the third reading of an ordinance providing for the licensing of Pest Control Operators. The following motion was presented and real by Commissioner Barnard, seconded by Commissioner de Leon: "Amending the ordinance by deleting in Section 5, the last two words on page 2 and the first seven words on page 3, reading as follows: "After consultation with the Pest Control Licensing Advisory Committee" and adding to the end of said Section 5 the following: "In the discharge of said duties by the Health Department, The Pest Control Licensing Advisory Committee shall make their assistance and advice available to the Health Department." Amending Section 6 by deleting the first two words: "In addition". Amending the second sentence of Section 6 to hereafter read as follows: Regular Council Meeting July 18, 1962 Page #5 "Members of the Advisory Committee shall advise the Health Department on matters pertaining to Pest Control operations within the City of Corpus Christi, and shall furnish any recommendations to the Health Department and to the City Council pertinent to the successful enforce- ment of said Ordinance." Amending Section 9, subsection B, to read as follows: Furnish public liability and property damage insurance coverage policy by a company authorized to do business in the State of Texas, which policy shall be in the principal sum of not less than $5,000 for injury to any one person, $10,000 for any one accident and $5,000 property damage; and in the form satisfactory to the Health Department;" Amending Section 10 by deleting the word "Committee" in the first sentence and substituting therefor the words "Health Department", Amending Section 12 to hereafter read as follows: "Section 12, Any person who desires to take an examination to entitle him to a license as a pest control operator, may file his application and take the examination, provided that he meets the other requisite qualifications herein set out," There followed a discussion with representatives of the pest control industry in which W. A. Ruwaldt, Corpus Christi Exterminating.Coa, questioned the amount of liability and property damage insurance coverage and was informed the amount stipulated was a minimum requirement, and questioned the name in which a license would be issued and was informed it would be in the name of the company or firm rather than manager or owner; Al Carson, Carson's Peat Killers, objected to the $50,00 license fee in the case of part-time operators like himself on the basis that the amount of business he does will not warrant this fee as well as the $200 fee being proposed in the State Legislature; Milton Walton, attorney, requested that reference to the Advisory Committee under Section 8 with respect to examination of applicants for licenses be deleted, and was informed that the section did not require the advice of this committee; and George Senior, Ace Pest Control, wished to be recorded as being very much in favor of the ordinance as a control which the City Page #6 has needed for a long time to raise the standards of the entire industry. There being no objection to the motion as presented and read, Mayor Pro Tem Swantner declared the motion to amend the ordinance before the third reading had passed,and called for the third reading of the ordinance as amended. ORDINANCE NO. 6575 THIRD 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 THE LICENSE NUMBER; PROVIDING FOR LICENSE FEE; PROVIDING FOR FINANCIAL RESPONSIBILITY COVERAGE; PROVIDING FOR SUSPENSION OR REVOCATION OF A LICENSE; PRO- VIDING 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 INFORMATION TO THE CORPUS CHRISTI POISON CONTROL CENTER; AND CONTAINING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the third time as amended, and passed finally by the following vote: Mayor McDonald, absent; Mayor Pro Tem Swantner, Com- missioners Barnard, de Leon, Maldonado, Roberta and Young, present and voting "Aye". Mayor Pro Tem Swantner announced the Council would consider Item "f" under Ordinances dealing with regulating the keeping of animals, fowls and pets. The following motion was presented and read by Commissioner de Leon, seconded by Commissioner Barnard: "Amend the Ordinance by amending Section 5-16, Definitions, by adding to definition of "Fowl" the following words: "Except those specifically included in the definition of 'pets'." And by adding to said Section 5-16 a new definition, "Facilities for Keeping", read- ing as follows: "Facilities for Keeping. By the term 'facilities for keeping' is meant the pens, stalls, stables, corrals, feeding trough area, sheds and facilities of every kind where the fowl, livestock or pets are penned, fed and/or protected from the weather, and is not interpreted to include grazing area." Amending Section 5-30, Exceptions to Article, by adding a new subsection entitled (F) and reading as follows: "(F) Exemption for riding stables and rodeo arenas. Where at the time of the passage of this ordinance there is in existence any riding stable or rodeo arena, the provisions of this ordinance limiting the number of live- stock and regulating the distance for the keeping of the same from premises of others than the keeper of such stable or arena shall not apply." Regular Council Meeting July 18, 1962 Page #7 There followed a short discussion in which H. M. Hanecheck, living in the area proposed to be annexed, objected to the ordinance on the basis that there are very few property owners who have livestock and that the original ordinance protects home owners from this nuisance, and was informed that this ordinance is to clearly define some legal terms and technicalities, but does not change the homeowners legal protection; and Dr. Metzger, Director of Health & Welfare, stated he was concerned with the definition of grazing land on the basis that it might permit grazing right up to residential property lines, and to exempting riding stables on a similar basis, and was informed that the Council felt that it was the responsibility of the buyer of residential property to determine the proper location of his home. Dr. Metzger suggested that an existing operation be allowed i years' exemption and 1 renewal, and be terminated at the end of 10 years. In reply to Mayor Pro 'Sem Swantner's question, none of the Council desired to make such an amendment. There being no objection to the motion as presented and read, Mayor Pro Tem Swantner declared the motion to amend the ordinance before the third reading had passed, and called for the third reading of the ordinance as amended. ORDINANCE NO. 6576 THIRD READING OF AN ORDINANCE AMENDING THE CORPUS CHRISTI CITY CODE, 1958, BY ADOPTING NEW ORDINANCE REGULATING THE KEEPING OF ANIMALS, FOWLS AND PETS BY AMEND- ING 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 third time as amended and passed finally by the following vote: Mayor McDonald, absent; Mayor Pro Tem Swantner, Commissioners Barnard, de Leon, Maldonado, Roberts and Young, present and voting "Aye". ORDINANCE NO. 6577 AMENDING THE ORDINANCE CREATING AND PROVIDING FOR A TRAFFIC SAFETY ADVISORY BOARD OF THE CITY BY AMENDING SECTIONS 21-31 AND 21-32 OF THE CORPUS CHRISTI CITY CODE, 1958, SO AS TO PERMIT SOLICITATION OF FUNDS BY THE BOARD AND THE USE OF CITY FUNDS, AND MAKING CERTAIN OTHER CHANGES IN THE POWERS, DUTIES AND PROCEDURE OF THE BOARD; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote Mayor McDonald, absent; Mayor Pro Tem Swantner, Commissioners Barnard, de Leon, Maldonado, Roberts and Young, present and voting "Aye". • Regular Council Meeting July 18, 1962 Page #8 The foregoing ordinance was passed by the following votes Mayor McDonald, absent; Mayor Pro Tem SwantneryCommissioners Barnard, de Leon, Maldonado, Roberts and Young, present and voting "Aye" City Manager Whitney presented a revised ordinance with respect to the pro- posed area to be annexed; defined and pointed out on a map the exact area involved; explained that the revised ordinance was being presented in compliance with the directives of the Mayer and Council to theCity's Capital Improvements Committee to straighten out the lines of the proposed area to be annexed, removing the dog lege and jogs and encompassing the existing and potential industrial areas; and presented to the Council and distributed to those in the audience a report of William Anderson, Director of Planning, on Land Area Comparisons with Other Texas Cities to substantiate the reasonableness of the newly proposed annexation on the basis of land density of the 13 largest cities in Texas, Mayor Pro Tem Swantner presented and read a message addressed to the City Council, dated July 17, 1962, signed by Mayor Ben F. McDonald, expressing his views of the final annexation plan for thedity as being long overdue, a vital and neces- sary movement to keep abrest of our position among the cities of Texas and keep our status as an industrial center and to go forward with the impetus already gained and build a great city with sufficient land for expansion and growth. We unqualified- ly endorsed and supported a plan which would accomplish these objectives and provide a future for the great potential which is Corpus Christi, and expressed the sincere hope that the Council would pass the proper ordinance to submit the plan to the vote of the people of Copus Christi. Mayor Pro Tem Swantner commented that he believed the Mayor's message voiced the feeling of the entire Council, that the ordinance now being presented for its first reading was a new concept of the annexa- tion plan, and called for any discussion on the matter. Mr, ane heck, who lives in the area involved, wished to be recorded as complimenting the Council on this new plan --- as being a 100% improvement over the previous plane Therebeing no further discussion, Mayor Fro Tem Swantner called for the first reading of the ord`nenas Regular Council Meeting July 18, 1962 Page #9 FIRST READING OF AN ORDINANCE ORDERING AN ELECTION TO BE HELD IN THE CITY OF CORPUS CHRISTI, TEXAS, FOR THE PURPOSES OF DETERMINING WHETHER OR NOT THE TERRITORY ADJACENT TO THE CITY OF CORPUS CHRISTI AND DESCRIBED HEREIN SHALL BE ANNEXED TO THE CITY OF CORPUS CHRISTI AND FIXING NEW BOUNDARIES FOR THE CITY OF CORPUS CHRISTI; DEFINING THE TERRITORY PROPOSED TO BE ANNEXED; PROVIDING PROCEDURE FOR THE HOLDING OF SUCH ELEC- TION; SETTING A DATE FOR SAID ELECTION AND ENACTING PROVISIONS INCIDENT TO AND RELAT- ING TO THE PURPOSE OF THIS ORDINANCE; AND DECLARING AN EMERGENCY. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Mayor McDonald, absent; Mayor Pro Tem-Swantner, Com- missioners Barnard, de Leon, Maldonado, Roberts and Young, present and voting "Aye". Mayor Pro Tem Swantner called for petitions or information from the audience on matters not scheduled on the agenda. City Manager Whitney presented a petition of approximately 82 signatures of representatives of the taxicab industry, requesting that Sgt. Marsalis of the Police Department be retained as Taxicab Inspector. (Petition #7 in File) It was explained that a recently enacted ordinance transferred the taxicab operation from the Police Department to the Department of Public Utilities, and that the assignment of such duties was now an administrative matter, and the petition wase ordered received. There being no further business to comp before the Council, the meeting was adjourned.