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HomeMy WebLinkAbout023321 RES - 05/19/1998RESOLUTION DETERMINING THAT THERE IS NO FEASIBLE AND PRUDENT ALTERNATIVE TO USING AN APPROXIMATELY 1600 SQUARE FOOT PORTION OF WEST GUTH PARK FOR THE TNRCC TO OPERATE AN AIR QUALITY MONITORING STATION TO PROTECT THE PUBLIC HEALTH AND SAFETY OF THE CITIZENS OF CORPUS CHRISTI, AND FURTHER DETERMINING THAT THE LOCATION AND OPERATION OF THE AIR QUALITY MONITORING STATION WAS DESIGNED TO MINIMIZE HARM TO THE PARK. WHEREAS, the Corpus Christi City Council recognizes the importance of having the Texas Natural Resource Conservation Commission (TNRCC) monitor the quality of air in the City to protect the public health and safety of the citizens; and WHEREAS, the TNRCC has requested to relocate an air quality monitoring station from Tuloso-Midway Middle School property to the adjacent West Guth Park; and WHEREAS, Chapter 26 of the Parks & Wildlife Code requires the City Council to hold a public hearing to use any park property for non -park purposes, after three weekly notices of the public hearing first published not less than 30 days prior to the public hearing; and WHEREAS, City staff had the notices published on April 19, April 26, and May 3, 1998 in the Corpus Christi Caller -Times; and WHEREAS, City Council held a public hearing to discuss the TNRCC using approximately 1600 square feet of West Guth Park to operate an air quality monitoring station on May 19, 1998 at its regularly scheduled Council meeting. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That City Council followed the requirements of Chapter 26 of the Parks & Wildlife Code to publish notice of the public hearing for three weeks (April 19, April 26, and May 3, 1998), with the first publication being not less than 30 days prior to the public hearing, to determine whether there was a feasible and prudent alternative to the use of City park property for non -park purposes. SECTION 2. That City Council conducted a public hearing during its regular City Council Meeting on May 19, 1998, to determine whether there was a feasible and prudent alternative to the use of City park property for non -park purposes and to determined whether the location and operation of the TNRCC air quality monitoring station minimizes harm to West Guth Park. AG\98\5000.464 td:: cUhLAIEQ 023321 SECTION 3. That after conducting the public hearing the City Council determined that there was no feasible and prudent alternative site for the TNRCC air quality monitoring station than in West Guth Park. SECTION 4. That after conducting the public hearing the City Council determined that the planned location and operation of the TNRCC air quality monitoring station has minimized harm to West Guth Park. ATTEST: City Secretary, Armarf Chapa Legal form approved on By: UsAk Alison Gallawa 13 `_h( all thNer Mayo THE CITY OF CORPUS CHRISTI , 1998; James R. Bray, Jr., City Attorney. , Assistant City Attorne AGA98\5000.464 2 Corpus Christi, Texas a Day of* Qom( ,19 YO The above resolution was passed by the following vote: U (11161 Samuel L. Neal, Jr. Javier Colmenero Melody Cooper Alex L. Garcia, Jr. Dr. Arnold Gonzales Betty Jean Longoria John Longoria Edward A. Martin Dr. David McNichols AG\98\5000.464 aiLLAP t.' O.) }, E. 3