Loading...
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, • 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- • 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 �I t'1' A:: 71 FI �.tt• :.ti .'I S ^: \!`:•: t_I t:.l a�l[:II \" ItI .I��`. 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 " . �T•e.•a'.u+r.r� �. tins. �s"` T„ r�^'' �•' f.`^-.` aF"'!! r' �nY: R'y'�T#J��w�wpw- ;al.`J'a^1.'N.. :. ,.'.r ^a,nMrrc.�v.. • 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 00 i. y •..T..�.�r.�- ..rn- ....+�. -.-.. r-.,;:•... �+.. vr+ a.. r.....-,,•.+ 7... w. w..,} v'* a, ��..,. �..• +.�s:t�+..w�wian•e!+�ry.nrsnprw r:r2�`s.• • i.- • / 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