HomeMy WebLinkAbout021517 ORD - 11/17/1992AN ORDINANCE
AUTHORIZING THE CITY MANAGER TO EXECUTE A USE PRIVILEGE
AGREEMENT WITH KOCH REFINING COMPANY FOR THE RIGHT TO INSTALL
AND MAINTAIN A 24 -INCH DIAMETER POLYETHYLENE WATER LINE ACROSS
THE STREET RIGHT-OF-WAY OF ALLISON DRIVE OUT OF TRACT "B" OF THE
NUECES VIEW TRACTS, CASTLE VALLEY DRIVE IN CASTLE RIVER UNIT 2
SUBDIVISION, SESSIONS ROAD ADJACENT TO THE F.W. SHAEFFER TRACT,
HARNEY ROAD ADJACENT TO C.C. HART SUBDIVISION, RIVER LANE IN RIO
VISTA SUBDIVISION, CYNTHIA DRIVE IN HILLTOP VILLAGE SUBDIVISION,
AND A DRAINAGE DITCH ADJACENT TO HART PARTITION SUBDIVISION;
ESTABLISHING A FEE OF $3290; ALSO AUTHORIZING CROSSING CITY OF
CORPUS CHRISTI PROPERTY ALONG THE ALLISON PLANT OUT OF TRACT "B"
OF NUECES VIEW TRACTS, ACROSS A CITY PARK IN CASTLE RIVER UNIT 2,
ACROSS THE SPILLWAY TRACT "B" CONVEYED TO THE CITY BY A.B. AULT,
ET UX, AND ACROSS A 46.59 ACRE TRACT CONVEYED TO THE CITY BY J.W.
DRYDEN; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That the City Manager is hereby authorized to execute a Use Privilege
Agreement with Koch Refining Company for the right to install and maintain a 24 -inch diameter
polyethylene water line across the street right-of-way of Allison Drive out of Tract "B" of the Nueces
View Tracts, Castle Valley Drive in the Castle River Unit 2 Subdivision, Sessions Road adjacent to
the F.W. Shaeffer Tract, Harney Road adjacent to C.C. Hart Subdivision, River Lane in the Rio
Vista Subdivision, Cynthia Drive in the hilltop Village Subdivision, and a Drainage Ditch adjacent
to the Hart Partition Subdivision, establishing a fee of $3290, a substantial copy of which is attached
hereto made a part hereof marked Exhibit "A". Also authorizing crossing City of Corpus Christi
property along the Allison Plant out of Tract "B" of the Nueces View Tracts, across a City Park in
Castle River Unit 2, across the Spillway Tract "B" conveyed to the City by A.B. Ault, et ux, and
across a 46.59 acre tract conveyed to the City by J.W. Dryden, a substantial copy of which is attached
hereto and made a part hereof marked Exhibit "B".
SECTION 2. That upon written request of the Mayor or five Council members, copy
attached, to find and declare an emergency due to the need for the efficient and effective
administration of City affairs, such finding of an emergency is made and declared requiring
AG5000.246.ajr
021517
MiGkOELMED
suspension of the Charter rule as to
meetings so that this ordinance is p
measure this the 1' day of
A 1 1'EST:
consideration and voting upon ordinances at three regular
asged and shall tke effect upon first reading as an emergency
:.Q ( i,,A 3 1 ; , 1992.
THE CITY OF CORPUS CHRISTI
Armando Chapa, City Secretary MAY R, MAUL RHODES
APPROVED: l € DAY OF 4,t y -K n(kw , 1992
JAMES R. BRAY, JR., CITY ATTORNEY
BY: t (/,.v7 1
Alis¢n Gallaway
Assista t City Attorney
AG5000.246.ajr 2
City of
Corpus
Christi
JSE PRIVILEGE AGREEMENT
THE STATE OF TEXAS
COUNTY OF NUECES
That the City ot Cornus Christi. acting by and through
its duly authorized City Manager. Juan Garza. in accordance
with Article IX. Section 1, Corpus Christi City Charter. tor
and in consideration ot the sum ot three thousand two
hundred and ninety dollars 133,290.001 to it in hand paid by
Koch Refining Company thereinafter the Owner). of Corpus
Christi, Nueces County, Texas, the receipt ot which is
hereby acknowledged, has granted and conveyed and by these
presents does grant and convey, upon the conditions
hereinafter stated, unto said Owner, a use privilege tor the
right to install and maintain a 24" (inch) diameter
polyethylene water line across the Right -Of -Way of Allison
Dr., Castle Valley Dr., Sessions Rd., Harney Rd., River
Lane, Cynthia Dr. and a drainage ditch," Use Privilege
Improvements" on the property ot the City at Corpus Christi.
Nueces County, Texas, as shown on the attached drawings
marked Exhibits A,B,C,D,E,F and G.
TO HAVE AND TO HOLD the same unto Owner, its successors
and assigns, together with the right and privilege under the
conditions and terms hereot, at any and all times to enter
upon the above described right-ot-way tor the purpose ot
maintaining said Use Privilege Improvements, and it is
further understood that the foregoing use privilege is
granted upon the following conditions:
A. It is understood and agreed that the use privilege
hereby granted may be revoked at any time upon the giving ot
60 days notice in writing by the City of Corpus Christi.
B. Owner shall fully indemnity, save and hold
harmless the City of Corpus Christi, its officers,
employees, and agents (hereinafter "the Indemnitees")
against any and all liability, damage, loss, claims, demands
and actions ot any nature whatsoever on account of personal
injuries (including, without limitation on the foregoing,
workers' compensation and death claims), or property loss or
damage of any kind whatsoever, which arise out ot or are in
any manner connected with, or are claimed to arise out ot or
be in any way connected with, the pertormance ot this
Agreement, unless such injury, loss or damage shall be
caused by the sole negligence of the Indemnitees or any of
them. Owner shall, at its own expense, investigate all such
claims and demands, attend to their settlement or other
disposition, defend all actions based thereon and pay all
charges of attorneys and all other cost and expenses of any
kind arising from any such liability, damage, loss, claims,
demands, and actions.
City of
Corpus
Christi
C. Owner snail have and maintain comprehensive
general liability insurance in the minimum amounts ot
$100.000 tor each injured person: $300.000 tor oersonal
injury arising out ot each accident. and $100.000 tor
oroperty damage arising out ot each accident. Such policies
ot insurance shall carry the City as an additional insured.
Upon City's written request.
'r"'^-ncd, ^^',^'®r Such policies may not be cancelled.`_
not renewed or materially changed without thirty (30) days
written notice to the City in care ot the Director of
Engineering Services.
D. The use ot said area hereby granted shall in no
way interfere with the construction or operation by the City
of any existing or future proposed sidewalks. utility lines.
or other uses. or the maintenance thereot. It City (or any
other utility company with utilities located in said right-
ot-way) needs access to the right-ot-way. Owner shall be
responsible at its tull expense for removing the Use
Privilege Improvements or otherwise allowing access in order
to allow access to said utility lines tor repairs and/or
maintenance ot said utility lines and either repairing the
Use Privilege Improvements to its original condition or
removing the Use Privilege Improvements at which time this
use privilege agreement shall terminate immediately.
E. No public street, or any portion thereot, shall be
closed or barricaded to use by the public tor the purpose ot
installing, repairing, or maintaining the Use Privilege
Improvements until atter the owner or his contractor has
tiled with this ottice a detour and/or barricading plan that
has been approved by Traffic Engineering.
F. Owner shall be responsible tor maintaining the Use
Privilege Improvements at all times. at its own expense.
regardless of the type of damage that may occur, within
thirty (30) calendar days ot notice ot damage to Owner.
Owner shall be responsible for maintaining, or repairing the
Use Privilege Improvements to its original condition.
Failure to do so shall terminate this use privilege
agreement immediately.
G. All applicable State. and County laws and City
ordinances shall be complied with and the necessary building
permit shall be secured from the City.
H. The depth ot the Use Privilege Improvements is
required to be in compliance with the ultimate drainage
channel per the Master Storm Drainage Plan
Page - 2
City of
Corpus
Christi
ihe rignts conferred herein shali not be assigned
by Owner without the prior written consent ot the City ot
Corpus Christi.
IN TESTIMONY WHEREOF. the City ot Corpus Christi has
caused these Presents to be executed on this the
day OT . 19
ATTEST:
City Secretary
APPROVED:
day ot
. 1992n.
Assistant. City Attorney
ison oct Ictuzuj
THE STATE OF TEXAS
COUNTY OF NUECES
CITY OF CORPUS CHRISTI
Uy:
Juan Garza. City Manager
This Instrument was acknowledged betore me on
, 19 , by Juan Garza as City Manager of
the City ot Corous Christi. Texas. a Texas Municipal
Corporation. on behalt ot said corporation.
Notary Public in and tor the
State ot Texas
The above Grant and Privilege is hereby accepted this
the 29th day or October . 1992 by Koch Refining
Company. Owner. said Owner agrees to keeo and perform the
conditions imposed by said Grant and Privilege and that it
is bound by all ot the terms ot same.
by:
Name:
Title: Vice President
Page - 3
o,itra C. kiWitant4x13
City of
Corpus
Christi
THE STATE OF XDQ XXWE. KANSAS
COUNTY OF VOKIKH SEDGWICK
This instrument was acknowlTaae.0 C'ieetor& jne on
October 29... 19 92........, by XX�4�hXAs vice
President of Koch Refining Company, a Kansas CORPORATION, on
behalf of said CORPORATION.
LOWETA FINLAY
NOTARY PUBLIC
STATE OF KANSAS
My Appt Exp. 1/3//96
� } N
M i v l n i
Notarl Public in a d Tor the
State of XX f3€ Kansas
Name: Loweta Finlay
Expiration Date: 42"b
Page - 4
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JOB NO. 29989.92.01
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EXHIBIT "G"
City of
Corpus
Christi
USE PRIVILEGE AGREEMENT
THE STATE OF TEXAS
COUNTY OF NUECES
That the City ot Corpus Christi. acting by and through
its duly authorized City Manager. Juan Garza, in accordance
with Article IX. Section 1, Corpus Christ' City Charter, for
and in consideration ot the sum of one dollar IE1.001 to it
in hand paid by Koch Refining Company (hereinafter the
Owner), ot Corpus Christi, Nueces County, Texas. the receipt
of which is hereby acknowledged, has granted and conveyed
and by these presents does grant and convey, upon the
conditions hereinafter stated. unto said Owner, a use
privilege for the right to Install and maintain a 24" (inch)
diameter polyethylene water line across City property in
Nueces County, Texas. The 24" water line ("Use Privilege
Improvements") will parallel an existing 16" diameter water
line owned by Koch Refining Co. The 16" waterline was
installed pursuant to blanket easements granted by : Cora
McKenzie Nash, et al, on June 10, 1937, recorded in Volume
229, Page 625 Deed Records, Nueces County, Texas ("DRNCT");
Nettie O. Fenner, et al, on December 1, 1933, recorded in
Volume 208, Page 546 DRNCT; Mary 6. Ault, et al, on March 6,
1934, recorded in Volume 210, Page 238 DRNCT; and H.D.
Countiss, et al, on February 10, 1934 recorded in Volume
208, Page 610 DRNCT. The City has since acquired property
rights in these 4 tracts which are subject to the blanket
easements. Koch Refining Co. is hereby limiting the blanket
easements to a specific location, as shown by metes and
bounds on the attached Exhibits A through D, where the
easements cross City property as consideration for City
granting Koch Refining Co. a Use Privilege across the City's
property as shown on Exhibits A through D.
TO HAVE AND TO HOLD the same unto Owner, its successors
and assigns, together with the right and privilege under the
conditions and terms hereot. at any and all times to enter
upon the above described right-ot-way tor the purpose of
maintaining said Use Privilege Improvements, and it is
further understood that the foregoing use privilege is
granted upon the following conditions:
A. it is understood and agreed that the use privilege
hereby granted may be revoked at any time upon the giving of
60 days notice in writing by the City of Corpus Christi.
8. Owner shall fully indemnity, save and hold
harmless the City ot Corpus Christi, its officers,
employees, and agents lherelnatter 'the indemnitees)
C
5�X , 1 against any and all liability, damage, loss, claims, demands
h b t and actions of any nature whatsoever on account of personal
City of
Corpus
Christi
injuries (including. without limitation on the foregoing.
workers' compensation and death ciaimsi, or property loss or
damage ot any kind whatsoever. which arise out of or are in
any manner connected with. or are claimed to arise out ot or
be In any way connected with, the performance of this
Agreement. unless such Injury, loss or damage Shall be
caused by the sole negligence of the Indemnitees or any of
them. Owner shall, at its own expense, investigate all such
claims and demands, attend to their settlement or other
disposition, defend all actions based thereon and par all
charges ot attorneys and all other cost and expenses of any
kind arising from any such liability, damage, loss, claims,
demands, and actions.
C.
general liability
$100.000 tor each
injury arising
property damage arising out of each accident. Such
of insurance shall carry the City as an additional
ati
an^u.-anre pn4.dr4,as Such policies may not be cancelled
not renewed or materially changed without thirty (30) days
written notice to the City in care of the Director ot
Engineering Services.
Owner shall have and maintain comprehensive
insurance in the minimum amounts ot
injured person; $300,000 tor personal
out of each accident, and $100,000 tor
policies
insured.
D. The use of said area hereby granted shall in no
way interfere with the construction or operation by the City
of any existing or future Proposed sidewalks, utility lines,
or other uses. or the maintenance thereof. If City (or any
other utility company with utilities located in said right-
of-way) needs access to the right-of-way, Owner shall be
responsible at its full expense for removing the Use
Privilege Improvements or otherwise allowing access in order
to allow access to said utility lines for repairs and/or
maintenance of said utility lines and either repairing the
Use Privilege Improvements to its original condition or
removing the Use Privilege Improvements at which time this
use privilege agreement shall terminate immediately.
E. No public street, or any portion thereof, shall be
closed or barricaded to use by the public tor the Purpose ot
installing. repairing or maintaining the Use Privilege
Improvements until atter the owner or his contractor has
tiled with this office a detour and/or barricading plan that
has been approved by Traffic Engineering.
F. Owner shall be responsible for maintaining the Use
Privilege Improvements at all times, at its own expense,
regardless of the type ot damage that may occur, within
thirty (30) calendar days of notice of damage to Owner.
Owner shall be responsible for maintaining, or repairing the
Use Privilege Improvements to its original condition.
City of
Corpus
Christi
-ailure to do so shall terminate this use orivilege
agreement immediately.
G. A11 applicable State, and County laws and CitY
ordinances snail be complied with and the necessary building
oermit shall be secured trom the City.
H. The rights conferred herein shall not be assigned
by Owner without the prior written consent of the City of
Corpus Christi.
IN TESTIMONY WHEREOF. the City of Corpus Christi has
caused these presents to be executed on this the
day ot , 19
ATTEST: CITY OF CORPUS CHRISTI
BY:
City Secretary Juan Garza, City Manager
APPROVED:
1 day of - l -A1Cb , 19
B Y : 4 bGi,b}C_ 1(Xaa,wctirj
Assistant City Attorney
Rlison &aIlakt:aAl
THE STATE OF TEXAS
COUNTY OF NUECES
This instrument was acknowledged betore me on
, 19 by Juan Garza as City Manager of
the City of Corpus Christi, Texas, a Texas Municipal
Corporation, on behalf of said corporation.
Notary Public in and tor the
State of Texas
The above Grant and Privilege is hereby accepted this
the 29th day ot October , 1992 , by Koch Relining
Company. Owner, said Owner agrees to keep and oertorm the
conditions imposed by said Grant and Privilege and that it
is bound by all ot the terms ot s eye
BY:
Name:
Title:
Page - 3
�u4M C• G 4,OSwO4W
Vice President
City of
Corpus
Christi
THE STATE
COUNTY OF
This
October
President
behalf of
of ¥t)44:0 KANSAS
fgi&(it SEDGWICK
instrument was acknowledged before me on
29 . 1992 , by j}(�}l as Vice
of Koch Refining Company, a ensas CORPORATION, on
said CORPORATION.
LOWETA FINLAY
satNOTARY PUBLIC
STATE OF KANSAS
MyAppt.Exp. 1)3iI9b
q l){_t tel i turc v il.fty
Not y Public in wild for the
State of 744 Kansas
Name: PbcLAy96
Expiration Date:
Page - 4
(512)854-3131
STATE OF TEXAS
COUNTY OF NUECES
P.O. BOX 6355 • CORPUS CHRISTI. TEXAS 78466-6355
JOB NO. 29939.;. .
August 19, 1992
Revised: 8-26-92
Tr'uct NG -J
4(L/5 AJ /',4N r -.5711/1/4<E
r-7•, Eur- 6o
FAX (512)854 6001
-10
Fieldnotes for the centerline of a forty (40) foot wide permanent easement out of Tract "B"
and out of Allison Drive, shown on the recorded plat of Nueces View Tracts, a map of which is
recorded in Volume 28, Page 64, Map Records of Nueces County, Texas, same being that certain
129.2062 acre tract of land described in Volume 1048, Pages 551 thru 553, Deed Records of
Nueces County, Texas:
BEGINNING at the west boundary line of said Tract "B" for the beginning of this centerline
descriptiont. from which comer a 1/2 inch iron rod at the intersection of McKenzie Lane and the
southerly extension of said west boundary line of Tract "B" bears South 00°51'00" East 2913.01
feet;
THENCE North 84°05'15" East, crossing thru said Tract "B", at 1398.07 feet pass the
west boundary line of Allison Drive, same being the east boundary line of said Tract "B", and
continuing North 84°05'15" East, crossing said Allison Drive, in all a total distance of 1458.31 feet
to the east boundary line of said Allison Drive for the end of this centerline description.
Bearings based on the recorded map or plat of Nueces View Tracts, a map of which is
recorded in Volume 28, Page 64, Map Records of Nueces County, Texas.
W1-29989_2. DOC
-r
URBAN ENG NEERING
2g4
JUAN J. SALAZAR, R.P.L.S.
2725 SWANTNER DR. • CORPUS CHRISTI. TEXAS 78404
EXHIBIT "A"
J
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$
1==33000.1
EXHIBIT "A"
(512)854-3101 P.O. BOX 6355 • CORPUS CHRISTI, TEXAS 78466-6355
STATE OF TEXAS
COUNTY OF NUECES
JOB NO. 29989.
August 19, 1992
Revised: 8-26-92
1 C1(`t )/t4 -7
.',r/'_ ;At
FAX (512)854-6001
Fieldnotes for the centerline of a twenty (20) foot wide permanent easement out of a City of
Corpus Christi park shown as Lot 24, Block 4, Castle River Unit 2, a map of which is recorded in
Volume 44, Pages 99 thru 100, Map Records of Nueces County, Texas:
BEGINNING at a point on the east boundary line of Castle Valley Drive (50.00 foot wide) for
the beginning of this centerline description, from which comer the northeast corner of Lot 22, Block
4, said Castle River Unit 2 and the southeast comer of said Lot 24 bears South 00°41'10" East
57.23 feet;
THENCE South 84°07'05" West, parallel with the north line of an existing 20.00 foot wide
Suntide water line easement, as shown on said recorded map of Lot 24, Block 4, Castle River Unit 2
and 10.00 feet distant therefrom, measured at right angles thereto, 724.12 feet to the west
boundary line of said Lot 24 for the ending point of this centerline description.
Bearings based on the recorded map or plat of Lot 24, Block 4, Castle River Unit 2, a map of
which is recorded in Volume 44, Pages 99 thru 100, Map Records of Nueces County, Texas.
W 1-29989 1. DOC
URBAN ENGINEERING
clary\ 16. is_" Jd'1
JUAN J. SALAZAR, R.P.L.S.
2725 SWANTNER DR. • CORPUS CHRISTI, TEXAS 78404
EXHIBIT "E
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EXHIBIT "B"
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(512)854-3101
STATE OF TEXAS
COUNTY OF NUECES
P.O. BOX 6355 • CORPUS CHRISTI, TEXAS 78466-6355
JOB NO. 29989.9201
August 19, 1992
Revised: 8-26-92
FAX (512)854-6001
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Fieldnotes for the centerline of a forty 140) foot wide permanent easement out of Spillway
Tract "B", a map of which is recorded in Volume 28, Page 63, Map Records of Nueces County,
Texas; being the same property described in deed of 30.02 acre tract conveyed to City of Corpus
Christi by A.B. Ault, et ux, recorded in Volume 689, Page 188, Deed Records of Nueces County,
Texas:
BEGINNING at a point on the southeast boundary line of said Spillway Tract "B", same being
the northwest boundary line of a 46.595 acre tract conveyed to the City of Corpus Christi by J.W.
Dryden, et al, and recorded in Volume 1224, Page 73, Deed Records of Nueces County, Texas for
the beginning of this centerline description, from which point an angle point of said 46.595 acre
tract, the upper east comer of Spillway Tract "A", a map of which is recorded in Volume 28, Page
63, Map Records of Nueces County, Texas and the south comer of said Spillway Tract "B" bears
South 21°34'00' West 1164.87 feet;
THENCE North 53°18'05" West, crossing thru said Spillway Tract "B", 622.36 feet to a
point on the northwest boundary line of said Spillway Tract "B" for the ending point of this
centerline description, from which point the north comer of said Spillway Tract "A" and the west
comer of said Spillway Tract "B" bears South 43°46'00" West, with said northwest boundary line,
1182.12 feet.
Bearings based on the recorded map or plat of Spillway Tracts "A" and "B", a map of which
is recorded in Volume 28, Page 63, Map Records of Nueces County, Texas.
W1-29989 4.DOC
URBAN ENGINEERING
ki44
JUAN J. SALAZAR, R.P.L.S.
2725 SWANTNER DR. • CORPUS CHRISTI. TEXAS 78404
EXHIBIT "C
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EXHIBIT "C"
(512)854-3101
STATE OF TEXAS
COUNTY OF NUECES
RBAM
ENGINEERING
P.O. BOX 6355 • CORPUS CHRISTI. TEXAS 78466-6355
JOB NO. 29989.:
August 19, 1992
lir as'± 4/t/-Pl
FAX (512)854-6001
/ ,j f: .
Fieldnotes for the centerline of a forty (40) foot wide permanent easement out of a 46.595
acre tract conveyed to the City of Corpus Christi by J.W. Dryden, et al, recorded in Volume 1224,
Page 73, Deed Records of Nueces County, Texas and being out of the Gregorio Farias Grant,
Abstract 592, Nueces County, Texas:
BEGINNING at a point on the southeast boundary line of Spillway Tract "B", a map of which
is recorded in Volume 28, Page 63, Map Records of Nueces County, Texas, same being the
northwest boundary line of said 46.595 acre tract for the beginning of this centerline description,
from which point an angle point of said 46.595 acre tract, the upper east comer of Spillway Tract
"A", a map of which is recorded in Volume 28, Page 63, Map Records of Nueces County, Texas
and the south corner of said Spillway Tract "B" bears South 21°34'00" West 1164.87 feet;
THENCE South 53°18'05" East, crossing thru said 46.595 acre tract, 874.59 feet to a
point on the southeast boundary line of said 46.595 acre tract for the ending point of this centerline
description, from which point the south comer of said 46.595 acre tract bears South 00°25'30"
East, with said southeast boundary line, 1059.98 feet.
Bearings based on the deed of said 46.595 acre tract recorded in Volume 1224, Page 73,
Deed Records of Nueces County, Texas.
WI -29989 5. DOC
IF
URBAN ENGINEERING
JUAN J. SALAZAR, R.P.L.S.
2725 SWANTNER DR. • CORPUS CHRISTI, TEXAS 78404
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CORPUS CHRISTI, TEXAS
/1 day of 7;1J(11 Q'/\, , 19 _-
TO THE MEMBERS OF THE CITY COUNCIL
CORPUS CHRISTI, TEXAS:
For the reasons set forth in the emergency clause of the foregoing ordinance an emergency
exists requiring suspension of the Charter rule as to consideration and voting upon
ordinances at three regular meetings; I/we, therefore, request that you suspend said Charter
rule and pass this ordinance finally on the date it is introduced, or at the present meeting
of the City Council.
Respectfully, Respectfully,
COUNCILMEMBERS
The above ordinance was
Mary Rhodes
Cezar Galindo
Leo Guerrero
Betty Jean Longoria
Edward A. Martin
Joe McComb
Dr. David McNichols
Clif Moss
Mary Pat Slavik
MAYO ~ham ]
THE C F CORPUS CHRISTI
passed by the following vote:
old
011
021517