HomeMy WebLinkAbout11108 ORD - 09/27/197227
9 /27/ 72:1at
AN ORDINANCE
AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT
WITH SIMON EISNER AND ASSOCIATES, PLANNING CON -
SULTANTS, IN ACCORDANCE WITH THE ATTACHED EXHIBITS
"A" AND "B" INCORPORATED HEREIN, FOR THE PURPOSE OF
CONDUCTING AN EXTENSIVE REVIEW AND UPDATING OF THE
CITY OF CORPUS CHRISTI ZONING ORDINANCE AS A PART
OF THE COMMUNITY RENEWAL PROGRAM= AND DECLARING AN
EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
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SECTION 1. That the City Manager be, and he is hereby, authorized
to execute, for and on behalf of the City of Corpus Christi, a contract with
Simon Eisner and Associates, Planning Consultants, in accordance with the
attached Exhibits "A" and "B" incorporated herein, for the purpose of con-
ducting an extensive review and updating of the City of Corpus Christi Zoning
Ordinance as a part of the Community Renewal Program.
SECTION 2. The necessity to authorize the execution of the afore-
said contract at the earliest practicable date creates a public emergency
and an imperative public necessity requiring the suspension of the Charter
rule that no ordinance or resolution shall be passed finally on the date of its
introduction but that such ordinance or resolution shall be read at three
several meetings of the City Council, and the Mayor having declared such
emergency and necessity to exist, and having requested the suspension of the
Charter rule and that this ordinance be passed finally on the date of its
introduction and take effect and be in full force and effect from and after
its passage, IT IS ACCORDINGLY SO ORDAINED, this the, J� day of September,
1972. _
ATTEST: /
elf, I / o AOO
Citk Secre I MAYOR
THE CITY OF C S CHRISTI, TEXAS
APP
DAY OF SEPTEMBER, 1972:
ity A t rnpy
��8
• HG: VP 1 •
9/27/72:lst
THE STATE OF TEXAS X
COUNTY OF NUECES X
WHEREAS, the U. S. Department of Housing and Urban Development guide-
lines provide for consultant studies as part of the planning activities of the
Community Renewal Program; and
WHEREAS, the Community Renewal Grant from the U. S. Department of
Housing and Urban Development makes provision for payment of consultant fees;
and
WHEREAS, the Community Renewal Program designed has shown the neces-
sity to undertake a review and updating of the City of Corpus Christi Zoning
Ordinance in certain respects; and
WHEREAS, Simon Eisner and Associates, Planning Consultants, South
Pasadena, California, have shown themselves able to conduct,such a study, and
have submitted a proposal for such study dated September 14, 1972; which is
attached hereto as Exhibit "A ", and made a part hereof the same as if written
herein.
NOW, THEREFORE, FOR AND IN CONSIDERATION of the payments, undertakings,
and covenants herein, the City of Corpus Christi, Texas, a municipal corpora-
tion and body politic under the laws of the State of Texas, hereinafter called
"CITY ", and Simon Eisner and Associates, hereinafter called "CONTRACTOR ", do
hereby mutually agree, covenant, and contract as follows:
I
Contractor agrees to conduct an extensive review and updating of
Ordinance No. 6106, passed and approved by the City Council on March 29, 1961,
as amended, and commonly known as the Zoning Ordinance, in accordance with
the proposal attached hereto as Exhibit "A", which is incorporated herein
by reference the same as if written herein.
II
Personnel. a. The Contractor represents that he has, or will
secure at his own expense, all personnel required in performing the services
under this Contract. Such personnel shall not be employees of or have any
contractual relationship with the City.
b. All of the services required hereunder will be performed by the
Contractor or under his supervision, and all personnel engaged in the work
shall be fully qualified and shall be authorized under State and local law to
perform such services.
III
This contract is not for any stated period of time, but is for the
aforesaid review and updating of the City of Corpus Christi zoning ordinance
as more specifically detailed in the herein incorporated Exhibit "A ". Services
of the Contractor are to commence as soon as practicable after the execution
of this contract and shall be undertaken and completed in such sequence as
to assure the expeditious completion of the study. In no event, however, shall
the study exceed six months, except for unusual circumstances, in which event
the City may grant an extension of time. The parties hereto mutually agree
that the City will monitor and review the ongoing progress of work contemplated
in this contract.
Contractor agrees to prepare a draft of the recommended changes of
the aforesaid ordinance for reproduction by the City or the Department of
Urban Development.
411
The City agrees that it will make available to the Contractor one
technically trained person to assist in the services contemplated under this
contract. This person will be made available for one week to the Contractor
each month in addition to being a participant with the Contractor when he is
in Corpus Christi.
V
For and in consideration of said study, the City agrees to pay the
Contractor the sum of Seven Thousand, Nine Hundred and Twenty -Two ($7,922)
Dollars in accordance with the budget attached to Exhibit "A" hereof, which
payment shall constitute full and complete compensation for the Contractor's
services hereunder. The Contractor shall be paid upon submission and approval
of monthly statements submitted to the City. The City agrees to pay in accord-
ance with each monthly billing by the Contractor for work completed, and
expenses incurred during that time period and upon receipt of complete and
accurate time and expense records submitted with such billing and approval
thereof.
-2-
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VI
Attached hereto as Exhibit "B" are BUD guidelines which are incorpo-
rated herein by reference the same as if written herein. The parties hereto
mutually agree that wherein those guidelines the words "Planning Agency" appear,
they shall and do hereby mean "The City ", and both parties hereto mutually
agree to be bound by said guidelines.
WHEREFORE, WITNESS OUR BANDS binding the respective parties this the
day of , 1972.
ATTEST: CITY OF CORPUS CHRISTI
City Secretary
APPROVED: /
DAY OF ice/ 1972:
Ci Atto ey
, �
ATTEST:
Title:
THE STATE OF TEXAS X
COUNTY OF NUECES X
By
R. Marvin Townsend
City Manager
SIMON EISNER AND ASSOCIATES
BY-
Title:
BEFORE ME, the undersigned authority, on this day personally appeared
R. Marvin Townsend, City Manager of the City of Corpus Christi, Texas, a munici-
pal corporation, known to me to be the person and officer whose name is sub-
scribed to the foregoing instrument, and acknowledged to me that he executed
the same as the act and deed of said City of Corpus Christi for the purposes
and consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of
_ , 1972.
Notary Public in and for Nueces County,
Texas
1 • S1%111\1.11 \NI R AJV.• YLn.vI I-'NIULI'ANT. AIR
SIANLLV A, 1 -II\I R A 11•., rIA•:Nl " r N'SI'LLANT
I'hAN'XING CONSULTANTS
1414 FAIL OAKS AVEI: I %h;. SOU-111 PASADENA, CALIFORNIA 91030 • 682.2191
September 14, 1972
Mr. horn Ewing, Director
COMMU-nity P,ene\,al Program
City of Corpus Christi
Depart :,:cnt of Urban Development
P.O. Bom 9277
Corpus Christi, Texas 78408
Gentlemen:
Based on our discussions in South Pasadena on September 10,
1972, and on the discussions that I had with Mr. Ewing prior
to that time by phone, I would like to indicate my interest
in participating in the review and updating of your Zoning
Ordinance, with particular attention to the list of items set
forth by t•Ir. Anderson in his evaluation of the problems con-
fronting the City.
My approach to the program would be as follows:
I would review your zoning ordinance in total, but
with particular emphasis on the items listed. I
would present my observations, based on my exper-
iences, but conditioned by the knowledge that I
would gain from the Committees and Officials of
the City, thus making sure that recommendations
would be as valid and useable as possible in the
Corpus Christi environment.
I would perform such research as may prove neces-
sary to present bac'tcground for the recommendations
to be presonted, to thus establish as firm a base
for Elie recommended modifications as possible.
I would become as familiar with the City as
.� Ir
F X H I C Ii
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1: I.ItL \'1.11t 1•:IEN1 SITE PI. ANNING
F', n
pos:;i1,1,, ciurin,,} the f-ire;t- ,cveral visits, to make
sure t1mL t -]r ,,_coin ,na Would relate to the
physical c. 11d ],vc!::l Cor,dit.iurrs that prevail under
Tc:;as Law end c: ;i,ecially tho_:e laws applying to
lard in the Coning Christi area.
I would meet with such corraaittees as are locally
constituted for the purpose of modernizing the
zoning practices and present the ideas that have
been ueveloped for their consideration and cdntri-
bution.
I would work with the Local Planning Staff and other
representatives of Local Covernment to make sure that
all proposals and recc:r_;;erdations are clearly under-
stood, to thus est.:blish a sound basis for the
administration of the Ordinance Provisions after the
study has been completed.
I would prepare a draft of the recommended changes
for reproduction by the City or the Department of
Urban Development.
•
In the development of this program, it is intended that I will
be personally involved in the entire work, thus rendering a
personal service to the Citv. I would anticipate that there
would be a need for the City to delegate one technically trained
person to the program for about one week in each month in addit-
ion to being a participant with me while I am in Corpus Christi.
In my opinion, this is essential if there is to be an extended
value of this study in behalf of the City of Corpus Christi.
It is suggested that the contract period be for approximately
8 months for the 6 trips to the City. This should be adequate
to cover periods when conflicts in schedules, vacations, or
illness may cause postponements.
In page 4 of this proposal I am submitting a budget for the
-work to be acco::iplished. Page 5 contains the list of the items
submitted by Kr. Anderson. These elements should become part
of the contract for professional services. I would suggest that
the Co:tract for services exccutecl t:ith the City of E1 Paso
become the model for any Contract submitted to HUD for their
tl1',F�l op co' -.c ' , :; i 'Pfll? if t :(: c,kh7 :Q71' :ci
1. Genoral review of Ordinance for major deficiencies.
2. Inclu.-ion of "holding zone" to replace farm -rural zone
for certzin aros and a consideration of "exclusive" zones
(elimination of cumulative uses).
3. Creation of a "townhouse" district and "high rise" apartment
district if appropriate and review the range of densities
in multi- fzmily districts.
4. Review existing parking requirements and consider a require-
ment for landsc_ ping of parking lots.
5. Desirability of limiting special permits.
6. Review of sign regulations.
7. Review and reconmierdation for classification of uses- -
Including (a) Determination of whether existing "B -1"
uses and standards are appropriate for
a neighborhood convenience center.
(b) Dog kennels.
(c) Auto paint and body shop.
(d) Child care facilities in relation to
State regulations.
B. Review of the "Standard Screening Fence" requirements.
9. Review of mobile home 'subdivision and mobile home park
regulations.
10. Recognition of flight patterns near airports.
9. Termination of Contract for Cause. If, through any cause,
the Contractor shall fail to fulfill in timely and proper manner his
obligations under this Contract, or if the Contractor shall violate
any of the covenants, agreements, or stipulations of this Contract, the
Planning Agency shall thereupon have the right to terminate this Con-
tract by giving yxittcn notice to the Contractor of such termination
and specifying the effective date thereof, at least 5 days before the
effective date of such to miratior.. In that event, all finished or
Unfinished doewn.ents, data, studies, surveys, dra:rings, maps, models,
photographs, and reports or other material prepared by the Contractor
under this Contract shall,* at the ontion of the Planning Agency, become
its property, and the Contractor shall be entitled to receive just and
equitable compensation for any satisfactory work completed on such
documents and other naterials.
Notwithstanding the above, the Contractor shall notbe relieved
of liability to the Planning Agency for damages sustained by the Plan-
ning Agency by virtue of any breach of the Contract by the Contractor,
and the Planning Agency may :withhold any payments to the Contractor for
the purpose of setoff until such time as the exact amount of damages
duo the Planning Agency from the Contractor is determined.
10.3 Termination for Convenience of Planning Agency. The Planning
Agency may turunate this Contract at any tLme by giring twritten notice
to the Contractor of such terrcration and specifying the effective date
thereof, at least 15 days before the effective date of such termination.
In that event, all finished or unfinished documents and other materials
as described in Paraeranh 9 above shall, at the option of the Planning
3 If the compensation to be paid to the Contractor is not fired as a
lump -sum amount, this paragraph should be adjusted to the extent
necessary to conform to the contractural provisions on compensation.
7/71
HUD -W-h.. D. C.
X I B 1T "
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Agency, beco;ao its proparty. If the Contract is terminated by the
Planning Agony as provided herein, the Contractor will be paid an
amount which ba :.rs the same ratio to the total compensation as the
services actUnlly performed bear to the total services of the Contrac-
tor covered by tais Contract, less payments of compensation previously
made: p- aa�'.•rt, il•J:m:.r, .'r -A if le than 50 nercert of ttu s.:rvic•a
eov��radcf teas Co^'"-a�t h-tv-, been porfcraed unol the eifactive date
of such termite Lion, the Contractor shall be reLab rsed (in addition
to the above pa;nnent) for that portion or the actual out -of- pocket
expenses (not othcrcaise reimbursed under this Contract) incurred by
the Contractor during the Contract pariod which are directly attri-
butable to the uncompleted portion of the services covered by this
Contract. Il this Contract is terminated due to the fault of the
Contractor, Paragraph 9 hereof relative to termination shall apply.
✓ 11. Charues. The Planning Agency ray, from time to time, require
changes in the scope of the services of the Contractor to be performed
hereunder. Such changes, including any increase or decrease in the
amount of the Contractor's compensation, which are mutually agreed
upon by and bete:eea the Plannirg Agency and the Contractor, shall be
incoxPorated in written amandments to this Contract.
V1 Equal 12nnloyIrent Onnortunitv. (a) The Contractor will not
discriminate against any er_eloyae or applicant for e.nplo mant because of
race, color, religion, sex or national origin. The Contractor shall
take af£irmati:re action to ensure that applicants are employed and that
employees are treated during employr. =t, without regard to their race,
color, religion, sax or national origin. Such actions shall include,
but not be limited to the following: employmtent, upgrading, ft- motions,
or transfers, recruitment or recruitment advertising; layoffs or term -
irutions; rates of pay or other forms of compensation; selection for
training including apprenticeship; and participation in recreational
and educational activities. The Contractor agrees to post in conspicuous
Places available to employees and applicants for e.ployment notices to
be provided setting forth the provisions of this non - discrimination
clausa. Tile Contractor will in all solicitations or advertisements for
employees placed by or on behalf of the Contractor, state that all
qualified applicants Will receive consideration for enployWont without
regard to race, color, religion, sex or national origin. The Contrac-
tor will cause the foregoing provisions to be inserted in all sub-
contracts for any :rork coverod by this contract so that such provlsions
will ba binding upon each subcontractor provided that the foregoing
provisions shall not annly to contracts or sub2ontracts for standard
eormorcial supplies or raw ;materials. (b) The Contractor shall keep
such records and submit such reports concerning the racial and ethnic
origin of app?ic:.nts for employ-rant and employees as the Secretary may
require. (c) The Contractor agrees to comply with such rules, regu-
lations or guidelines as the Secretary me7.issue to implement these
requirements.
7/71 6
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/ 13. Tnterest of 17cmhers of I'lannlm� Agency and Others, NO officer,
member, or cuq?loycc of the Planaing Agency and Ile m nl+era of itai
governing body, and no other public official of the governing body of
the locality or localities in which tho Projeet is situatad or being
carried out who cxerci:;cs any functions or responsibilities in the
rovic *.w or approval of the undertaking or carrying out of this Project,
shall participate in any decision relating to this Contract which
affects his pen^,onal interest or the interest of any corporation,
partnership, or association in which he is, directly or indirectly
interested or have any personal or pecuniary interest, direct or in-
direct, in this Contract or the proceeds thereof.
14. Assignability. The Contractor shall not assign any interest
in this Contract, and ohall not transfer any interest in the same
(whether by assignment or novation), without the prior written consent
of the Planning Agency thereto: Provided, howrever, that clai.•as for
money due or to become due to the Contractor from the Planning Agency
ender this Contract Tray be assigned to a bank, trust con.par_y or other
financial institution without such approval. I•Iotice of any such
assignment c_• transfer shall be furnished promptly to the Planning
Agency.
V' 15• Interest of Contractor. The Contractor covenants that he
presently has no interest and shall not acquire any interest, direct
or indirect, Irhich 'would conflict in any manner or degree :with the
performance of services required to be performed under this Contract.
The Contractor further covenants that in the performance of this Con-
tract no person having any such interest shall be employed.
J16. Flndinrs Confidential. Any roports, information, data, etc.,
given to or prepared or assembled by the Contractor under this Contract
which the Planning Agency requests to be kept as confidential shall not
be made available to any individual or organization by the Contractor
without the prior written approval of the Planning Agency.
%( 17. Officials Not To Rcnefit. No tlembcrs of or Delegate to the
Congress of the united States of America, and no Resident Co.,mnissioner,
shall be act ittcd to any share or part hereof or to any benefit to
arise horefrom.
7 18. Identificati -on of Dcctuicnbs. All reports, maps, and other
dcc•=. ^ E c. °'^ .d .... -pC_ Cc..__Cct, othc th= do �....S.ts
exclusive]- Sor� sternal. u. ..ith n the Planning A_rency-, shall carry
the followi_5g notation on the front cevco= or a title page, (or in the
case of ..aps, in the same block) containing the naxe of the Planning
Agency:
7/71
Hoo•x..a., D. C.
The preparation of this report, map, document, etc., was
financed in part through a Comprehensive planning grant from the
Department of Homing and Urban Developrsnt, under the provisions of
Section 701 of the Housing Act of 1954, as amended, together faith
the date (month and year) the document was prepared and the name of
the municipality, metropolitan area, or other planning area concerned.
t/20. Publication, Reproduction and Use of material. Ito material
produced in whole or in part under this Contract shall be subject to
copyright in the United States or in any other country. The Planning
Agency and HUD shall have unrestricted authority to publish, disclose,
distribute and other,rise use, in whole or in part, any reports, data,
or other materials prepared under this Contract.
v21. Audits and Insnections. At any time during normal business
hours and as often as the Pl mning Agency, HUD and/or the Comptroller
General of the United States may deem necessary, there shall be made
available to the Planning Agency, HUD and/or representatives of the
Comptroller General for examination all of its records zrSth respect
to all ratters covered by this Contract and frill permit the Planning
Agency, HUD and /or representatives of the Comptroller General to
audit, examine and make excerpts or transcripts from such records, and
to make audits of all contracts, invoices, materials, payrolls, records
of personnel, conditions of employment and other data relating to all
matters covered by this Contract.
7/71 8
HUD- Wo,h., D. a
CORPUS CHRISTI, TEXAS
�tQ�DAY OF 19. 2.'-Z�
TO THE MEMBERS OF THE CITY COUNCIL
CORPUS CHRISTI, TEXAS
FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING
ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPEN-
SION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLUTION SHALL
BE PASSED FINALLY ON THE DATE IT IS INTRODUCED, AND THAT SUCH ORDINANCE OR
RESOLUTION SHALL BE READ AT THREE MEETINGS OF THE CITY COUNCIL; 1, THEREFORE,
REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDI-
NANCE FINALLY ON THE DATE IT IS INTRODUCED, OR AT THE PRESENT MEETING OF THE
CITY COUNCIL. -
RESP CTFULLY,
0
d + O
MAYOR
THE CITY .OF CHRISTI, TEXAS
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE:
RONNIE SIZEMORE
CHARLES A. BONNIWELL
ROBERTO BOSQUEZ, M.D.
REV. HAROLD.T. BRANCH
.•„ _ THOMAS V. GONZALES
- GABE LOZANO, $R.
V. HOWARD STARK I
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE:
- RONNIE SIZEMORE
• CHARLES A. BONNIWELL I(
ROBERTO BOSQUEZ, M.D.
'REV. HAROLD T. BRANCH
THOMAS V. GONZALES '
GABE LOZANO, SR.
J. HOWARD STARK