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.
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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.