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I HEREBY CERTIFY that the foregoing is a true and correct copy of the minutes of the Regular
Meeting of the Corpus Christi City Council of November 18, 2014 which were approved by the City
Council on December 9, 2014.
WITNESSETH MY HAND AND SEAL, on this the 9th day of December, 2014.
1-20-6R,C,CZ,
Rebecca Huerta
City Secretary
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Meeting Minutes
City Council
Tuesday,November 18,2014 11:30 AM Council Chambers
Public Notice --THE USE OF CELLULAR PHONES AND SOUND ACTIVATED
PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING
MEETINGS OF THE CITY COUNCIL.
A. Mayor Nelda Martinez to call the meeting to order.
Mayor Martinez called the meeting to order.
B. Invocation to be given by Pastor Rob Bailey, Southside Community Church.
Pastor Rob Bailey gave the invocation.
C. Pledge of Allegiance to the Flag of the United States to be led by Alyssa
Michelle Barrera, Business Liaison.
Business Liaison Alyssa Michelle Barrera led the Pledge of Allegiance.
D. City Secretary Rebecca Huerta to call the roll of the required Charter Officers.
City Secretary Rebecca Huerta called the roll and stated that a quorum of the
Council and the required Charter Officers were present to conduct the meeting.
City Secretary Huerta announced that Council Member Garza would be absent
from today's meeting and Council Member Leal has been granted a leave of
absence.
Charter Officers:
City Manager Ron Olson,City Attorney Miles K.Risley,and City Secretary
Rebecca Huerta.
Present: 6- Mayor Nelda Martinez,Council Member Kelley Allen,Council Member Chad
Magill,Council Member Colleen Mclntyre,Council Member Lillian Riojas,
and Council Member Mark Scott
Absent: 3- Council Member Rudy Garza,Council Member Priscilla Leal, and Council
Member David Loeb
E. Proclamations/Commendations
1. Proclamation declaring November 18, 2014 as, "Tennis Success Day”
Proclamation declaring November 15-23, 2014 as, "National Homeless
and Hunger Awareness Week"
Mayor Martinez presented the proclamations.Mayor Martinez announced that
Council Member Loeb was ill and would not be at today's meeting.
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H. CITY MANAGER'S COMMENTS/UPDATE ON CITY OPERATIONS:
Mayor Martinez deviated from the agenda and referred to City Manager's
Comments.
a. Other
City Manager Olson announced that applications are being accepted for
"Operation Heat Help"to provide assistance to cover the cost of natural gas.
Applications are available at the Nueces County Department of Human
Services from December 1,2014 through March 31,2015.
G. ELECTION ORDINANCES: (ITEMS 2 -3)
2. Ordinance -Canvassing of returns: November 4, 2014 General
and Special Elections
Ordinance canvassing returns and declaring the results of the General
Election held on November 4, 2014, in the City of Corpus Christi for
the purpose of electing the Mayor and eight Council members; and of
a Special Election on that same date for the adoption of two (2)
propositions authorizing bond issuances supported by ad valorem
taxes and one (1) proposition concerning the sale of City park land;
making appropriate findings; and declaring an emergency.
Mayor Martinez referred to Item 2 and stated that the purpose of this item is to
canvass the returns of the November 4,2014 General and Special Elections.
The council canvassed the results for the election of the mayor and eight
council members,the two(2)bond propositions,and the one(1)proposition
for the sale of city park land and declared the results official.There were no
comments from the public.Council Member Magill made a motion to amend
Section 5,page 5,by changing the issuance of bonds from$50,000,000 to
$55,000,000 for Proposition 1,seconded by Council Member McIntyre and
passed.This Ordinance was passed on emergency as amended and approved
with the following vote:
Aye: 6- Mayor Martinez, Council Member Allen, Council Member Magill, Council
Member McIntyre, Council Member Riojas and Council Member Scott
Absent: 3- Council Member Garza, Council Member Leal and Council Member Loeb
Abstained: 0
Enactment No: 030328
3. Ordinance -Ordering of December 16 Runoff Election for Districts
One and Two
Ordinance ordering a runoff election to be held on December 16, 2014
in the City of Corpus Christi for the election of Council Member
Districts One and Two; designating polling place locations, enacting
provisions incident and relating to the subject and purpose of this
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ordinance; and declaring an emergency.
Mayor Martinez referred to Item 3.City Secretary Rebecca Huerta stated that
the purpose of this item is to order a runoff election for City Council Districts
One and Two.The runoff election is schedule for December 16,2014 and early
voting is scheduled from December 1,2014 through December 5,2014 and
December 8,2014 through December 12,2014.There were no comments from
the Council or the public.This Ordinance was passed on emergency and
approved with the following vote:
Aye: 6- Mayor Martinez, Council Member Allen, Council Member Magill, Council
Member McIntyre, Council Member Riojas and Council Member Scott
Absent: 3- Council Member Garza, Council Member Leal and Council Member Loeb
Abstained: 0
Enactment No: 030329
J. MINUTES:
5. Regular Meeting of November 11, 2014
Mayor Martinez deviated from the agenda and referred to approval of the
minutes.Council Member Magill made a motion to approve the minutes,
seconded by Council Member McIntyre and passed unanimously.
K. BOARD & COMMITTEE APPOINTMENTS:
L. EXPLANATION OF COUNCIL ACTION:
M. CONSENT AGENDA: (ITEMS 6 -23)
Approval of the Consent Agenda
Mayor Martinez referred to the Consent Agenda.There were no comments from
the Council or the public.The consent agenda items were approved by one
vote as follows:
Aye: 6- Mayor Martinez, Council Member Allen, Council Member Magill, Council
Member McIntyre, Council Member Riojas and Council Member Scott
Absent: 3- Council Member Garza, Council Member Leal and Council Member Loeb
Abstained: 0
6. Approving a maintenance agreement with Intrado for hardware
and software support for the Emergency 911 Call Taker System
(Requires 2/3 vote)
Motion authorizing the City Manager or his designee to execute a
maintenance agreement with Intrado in the amount of$336,644, of
which $50,496.60 is required for the remainder of FY 2014-2015 for
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software and hardware support services on the Emergency 911
System. The term of the contract is five years.
This Motion was passed on the Consent Agenda.
Enactment No: M2014-149
7. Approving an engineering construction contract for Master
Channel 31 drainage excavation to provide drainage relief for Oso
Bay Basin (Requires 2/3 vote)
Resolution authorizing the City Manager or designee to execute a
construction contract in the amount of$883,128.79 with DRC
Emergency Services, LLC for the Master Channel 31 Drainage
Channel Excavation Project.
This Resolution was passed on the Consent Agenda.
Enactment No:030330
8. Approving a project cooperation agreement for the McGee Beach
Nourishment project(Requires 2/3 vote)
Motion authorizing the City Manager or designee to execute a Project
Cooperative Agreement with the Texas General Land Office in the
amount of $264,000 for the McGee Beach Nourishment project for
design, data collection, permitting, engineering and construction
oversight.
This Motion was passed on the Consent Agenda.
Enactment No: M2014-150
9. Ratifying and amending Anti-lifter Campaign Contract(Requires
2/3 vote)
Motion ratifying expenditures of$106,017.15 incurred through the
advertising firm of Bucket Works, and authorizing the City Manager to
execute an addendum to the Bucket Works contract for additional
expenditures not to exceed $20,000 to complete the ongoing anti-litter
campaign.
This Motion was passed on the Consent Agenda.
Enactment No: M2014-151
10. Nominating voestalpine Texas LLC as a Double Jumbo Texas
Enterprise Zone Project(Requires 2/3 vote)
Resolution nominating voestalpine Texas, LLC ("voestalpine")to the
Office of the Governor Economic Development& Tourism ("EDT")
through the Economic Development Bank("Bank") as a Double Jumbo
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Enterprise Project pursuant to the Texas Enterprise Zone Act ("Act").
This Resolution was passed on the Consent Agenda.
Enactment No: 030331
11. Nominating Flint Hills Resources. LP as a Double Jumbo Texas
Enterprise Zone Project(Requires 213 vote)
Resolution nominating Flint Hills Resources Corpus Christi, LLC ("Flint
Hills") to the Office of the Governor Economic Development&Tourism
("EDT")through the Economic Development Bank ("Bank") as a
Double Jumbo Enterprise Project pursuant to the Texas Enterprise
Zone Act("Act").
This Resolution was passed on the Consent Agenda.
Enactment No: 030332
12. Approving a Type A Grant for Service Corps of Retired Executives
(SCORE)Chapter 221 for Fiscal Year 2015(Requires 2/3 vote)
Resolution approving a Small Business Incentives Agreement between
the Corpus Christi Business and Job Development Corporation and
Service Corps of Retired Executives(SCORE) Chapter 221 to provide
grant up to$50,000 to assist small businesses and authorizing the City
Manager, or designee, to execute a Project Support Agreement with
the Corpus Christi Business and Job Development Corporation to
administer the SCORE Chapter 221 Small Business Incentives
Agreement.
This Resolution was passed on the Consent Agenda.
Enactment No:030333
13. Approving a Type A Grant extension for Del Mar College
Internship Program (Requires 2/3 vote)
Resolution approving extension of a Small Business Incentives
Agreement between the Corpus Christi Business And Job
Development Corporation and Del Mar College ("Del Mar")for one
year until September 30, 2015, and to provide a grant amount of up to
$173,223 for an intern program for small businesses.
This Resolution was passed on the Consent Agenda.
Enactment No: 030334
14. Approving Type A Grant Extension for Texas A&M University -
Corpus Christi Internship Program (Requires 2/3 vote)
Resolution approving extension of a Small Business Incentives
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Agreement between the Corpus Christi Business And Job
Development Corporation and Texas A&M University- Corpus Christi
("TAMUCC") for one year until September 30, 2015, and to provide a
grant amount of up to $190,635 for an intern program for small
businesses.
This Resolution was passed on the Consent Agenda.
Enactment No: 030335
15. Second Reading Ordinance - Rezoning from "RS-5" Single-Family
to "RS-4.5" Single-Family at 8001 Holly Road (1st Reading
11/11/14) (Requires 2/3 vote)
Case No. 0914-02 The George B. Gaines, Jr. Family Limited
Partnership, Ltd.: A change of zoning from the "RS-6" Single-Family 6
District to the "RS-4.5" Single-Family 4.5 District, not resulting in a
change to the Future Land Use Plan. The property is described as
being a 28.461-acre tract of land out of Lots 1 and 2, Section 32, Flour
Bluff and Encinal Farm and Garden Tracts, located along the south
side of Holly Road west of Paul Jones Avenue.
Planning Commission and Staff Recommendation (September 24,
2014): Approval of the change of zoning from the "RS-6"
Single-Family 6 District to the "RS-4.5"Single-Family 4.5 District.
Ordinance:
Ordinance amending the Unified Development Code ("UDC"), upon
application by The George B. Gaines, Jr. Family Limited Partnership,
Ltd. ("Owners"), by changing the UDC Zoning Map in reference to a
28.461-acre tract of land out of Lots 1 and 2, Section 32, Flour Bluff
and Encinal Farm and Garden Tracts; amending the Comprehensive
Plan to account for any deviations; and providing for a repealer clause
and publication.
This Ordinance was passed on second reading on the Consent Agenda.
Enactment No: 030336
16. Second Reading Ordinance - Rezoning from Neighborhood
Commercial to General Commercial at 6197 Dunbarton Oak Drive
(1st Reading 1/11/14) (Requires 2/3 vote)
Case No. 0914-01 Patrick H. Nolan and Amy L. Nolan: A change of
zoning from the "CN-1" Neighborhood Commercial District to "CG-2"
General Commercial District, not resulting in a change to the Future
Land Use Plan. The property is described as being a 1.34 acre portion
of Lot 1, Block 3, Cimarron Center, located on the southwest corner of
Dunbarton Oak Drive and Cimarron Boulevard.
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Planning Commission and Staff Recommendation (September 24,
2014):
Denial of the "CG-2" General Commercial District and, in lieu thereof,
approval of a Special Permit subject to a site plan and conditions.
Ordinance:
Ordinance amending the Unified Development Code ("UDC"), upon
application by Patrick H. Nolan and Amy L. Nolan ("Owners"), by
changing the UDC Zoning Map in reference to a 1.34 acre portion of
Lot 1, Block 3, Cimarron Center, from the "CN-1" Neighborhood
Commercial District to the "CN-1/SP" Neighborhood Commercial
District with a Special Permit; amending the Comprehensive Plan to
account for any deviations; and providing for a repealer clause and
publication.
This Ordinance was passed on second reading on the Consent Agenda.
Enactment No:030337
17. Second Reading Ordinance-Closing a portion of Bockholt Road
between the Old State Highway 44 and the New State Highway 44
rights-of-way (1st Reading 11/11/14) (Requires 2/3 vote)
Ordinance abandoning and vacating an undeveloped and unsurfaced
21,690 square-foot portion of the Bockholt Road public street
right-of-way, out of GC&SF RR CO Survey, Abstract No. 1005, Nueces
County, Texas, being a portion of those certain tracts of land described
as Tract Two and Tract Three, located between the Old State Highway
44 right-of-way and the New State Highway 44 right-of-way; and
requiring the owner, George Picha, to comply with the specified
conditions.
This Ordinance was passed on second reading on the Consent Agenda.
Enactment No:030338
18. Second Reading Ordinance -Accepting and appropriating the
Violence Against Women (VAWA)grant within the Police
Department for Year 15 (1st Reading 11/11/14) (Requires 2/3 vote)
Ordinance authorizing the City Manager or designee to execute all
documents necessary to accept a grant from the State of Texas,
Criminal Justice Division in the amount of$44,356.71 for Year 15 of
the Violence Against Women (VAWA) Program within the Police
Department with a City match of$20,280.21 and an in-kind match of
$5,520 from the No. 1020 Police General Fund; appropriating the
$44,356.71 in the No. 1061 Police Grants Fund for the VAWA grant in
the Police Department; and authorizing the transfer of$20,280.21
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from the No. 1020 General Fund to the No. 1061 Police Grants Fund
and appropriating the same for a total project cost of $70,156.92.
This Ordinance was passed on second reading on the Consent Agenda.
Enactment No:030339
19. Second Reading Ordinance -Accepting and appropriating the
Victims of Crime Act(VOCA) Outreach Program grant within the
Police Department for Year 2 (1st Reading 11/11/14) (Requires 2/3
vote)
Ordinance authorizing the City Manager or designee to execute all
documents necessary to accept a grant from the State of Texas,
Criminal Justice Division in the amount of$68,163.15 for Year 2 of the
Victims of Crime Act (VOCA) Outreach Program within the Police
Department with a City match of$13,840.79 and an in-kind match of
$3,200.00 from the No. 1020 Police General Fund; Appropriating the
$68,163.15 in the No. 1061 Police Grants Fund for the VOCA
Outreach grant in the Police Department; and authorizing the transfer
of$13,840.79 from the No. 1020 General Fund to the No. 1061 Police
Grants Fund and appropriating the same for a total project cost of
$85,203.94.
This Ordinance was passed on second reading on the Consent Agenda.
Enactment No:030340
20. Second Reading Ordinance-Accepting and appropriating the
Victims of Crime Act(VOCA)grant within the Police Department
for Year 15(1st Reading 11/11/14) (Requires 2/3 vote)
Ordinance authorizing the City Manager or designee to execute all
documents necessary to accept a grant from the State of Texas,
Criminal Justice Division in the amount of$77,084.05 to continue the
Victims of Crime Act(VOCA) Grant within the Police Department for
Year 15 with a City match of$20,271.01 and an in-kind match of
$4,000 from the No. 1020 Police General Fund; appropriating the
$77,084.05 in the No. 1061 Police Grants Fund to continue the VOCA
grant in the Police Department; and authorizing the transfer of
$20,271.01 from the No. 1020 General Fund to the No. 1061 Police
Grants Fund and appropriating the same as grant matching funds for a
total project cost of $101,355.06.
This Ordinance was passed on second reading on the Consent Agenda.
Enactment No: 030341
21. Second Reading Ordinance -Accepting and appropriating the Sea
and Aquatic Life Activities grant(1st Reading 11/11/14) (Requires
2/3 vote)
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Ordinance authorizing the City manager or designee to execute all
documents necessary to accept and appropriate a grant of$22,500
from the Texas Department of State Health Services in the
Health Grants Fund No. 1066 to provide laboratory services for the
analysis of bay water samples for the contract period of September 1,
2014, through August 31, 2015; and to ratify acceptance of the
grant to begin as of September 1, 2014.
This Ordinance was passed on second reading on the Consent Agenda.
Enactment No: 030342
22. Second Reading Ordinance -Authorizing a lease agreement for
use of the McCampbell House at Heritage Park(1st Reading
11/11/14) (Requires 2/3 vote)
Ordinance authorizing the City Manager or designee to execute a
one-year lease agreement with the Corpus Christi Chamber of
Commerce for use of the McCampbell House at Heritage Park with
rent of$1,500 per month.
This Ordinance was passed on second reading on the Consent Agenda.
Enactment No: 030343
23. Second Reading Ordinance -Approving contract and
appropriating funds for Community Youth Development Program
(CYD) (1st Reading 11/11/14) (Requires 2/3 vote)
Ordinance authorizing the City Manager or designee to execute a
contract with the Texas Department of Family and Protective Services
for funding for September 1, 2014 through February 28, 2015 in the
total amount of$193,384.84; authorizing appropriation in the Grants
Fund No. 1060 for Community Youth Development program contracts
for the 78415 Zip Code area; to include the extension of the
subcontracts as follows: $26,100.46 to The Boys and Girls Club,
$40,275.46 to Communities In Schools of the Coastal Bend,
$52,849.80 to SERCO of Texas and $ 17,496.71 to Youth Odyssey for
subcontract period September 1, 2014 through February 28, 2015.
This Ordinance was passed on second reading on the Consent Agenda.
Enactment No: 030344
N. PUBLIC HEARINGS: (ITEMS 24-27)
24. Public Hearing and First Reading Ordinance -Closing a portion of
a public right-of-way located east of Rodd Field Road and south
of Yorktown Boulevard (Requires 2/3 vote)
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Ordinance abandoning and vacating an undeveloped and unsurfaced
38,480-square foot portion of a 40-foot wide public right-of-way, out of
Lots 1-2, Section 24, & Lots 31-32, Section 25, Flour Bluff& Encinal
Farm & Garden Tracts and requiring the owner, Related Investors,
Ltd., to comply with specified conditions.
Mayor Martinez referred to Item 4.Director of Development Services Dan
Grimsbo stated that the purpose of this item is to abandon and vacate a
portion of a 40-foot wide public right-of-way in conjunction with the future
development of some Rancho Vista Subdivision Units.Council Member
McIntyre made a motion to open the public hearing,seconded by Council
Member Scott and passed.There were no comments from the Council or the
public.Council Member McIntyre made a motion to close the public hearing,
seconded by Council Member Scott and passed.This Ordinance was passed
on first reading and approved with the following vote:
Aye: 6- Mayor Martinez, Council Member Allen, Council Member Magill, Council
Member McIntyre, Council Member Riojas and Council Member Scott
Absent: 3- Council Member Garza, Council Member Leal and Council Member Loeb
Abstained: 0
25. Public Hearing and First Reading Ordinance -Closing a portion of
a public right-of-way located south of Idle Hour(Requires 2/3
vote)
Ordinance abandoning and vacating an undeveloped and unsurfaced
67,120-square foot portion (1.54 acres) of a 40-foot wide public
right-of-way, out of Lots 2-4, Section 24, & Lots 29-31, Section 25,
Flour Bluff& Encinal Farm & Garden Tracts and requiring the owner,
Yorktown Joint Venture, to comply with specified conditions.
Mayor Martinez referred to Item 25.Director of Development Services Dan
Grimsbo stated that the purpose of this item is to abandon and vacate a
portion of a 40-foot wide public right-of-way in conjunction with the
development of the Ranch Vista Subdivision.Council Member McIntyre made a
motion to open the public hearing,seconded by Council Member Allen and
passed.There were no comments from the Council or the public.Council
Member McIntyre made a motion to close the public hearing,seconded by
Council Member Allen and passed.This Ordinance was passed on first reading
and approved with the following vote:
Aye: 6- Mayor Martinez, Council Member Allen, Council Member Magill, Council
Member McIntyre, Council Member Riojas and Council Member Scott
Absent: 3- Council Member Garza, Council Member Leal and Council Member Loeb
Abstained: 0
26. Public Hearing and First Reading Ordinance - Rezoning from
Commercial to Residential at 2645 Rodd Field Road. (Requires 2/3
vote)
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Case No. 1014-01 Anthony Troy Shur and Janelle Marydee Shur: A
change of zoning from the "CN-1" Neighborhood Commercial District
to the "RS-6" Single-Family 6 District, resulting in a change to the
Future Land Use Plan from medium density residential to low density
residential. The property is described as Lot 35A, Block 2, Brandywine
Subdivision, located on the west side of Rodd Field Road north of
Premont Street.
Planning Commission and Staff Recommendation (October 22, 2014):
Approval of the change of zoning from the "CN-1" Neighborhood
Commercial District to the "RS-6"Single-Family 6 District.
Ordinance:
Ordinance amending the Unified Development Code ("UDC"), upon
application by Anthony Troy Shur and Janelle Marydee Shur
("Owners"), by changing the UDC Zoning Map in reference to Lot 35A,
Block 2, Brandywine Subdivision, from the"CN-1" Neighborhood
Commercial District to the "RS-6" Single-Family 6 District; amending
the Comprehensive Plan to account for any deviations; and providing
for a repealer clause and publication.
Mayor Martinez referred to Item 26.Interim Assistant Director of Development
Services Julio Dimas stated that the purpose of this item is to rezone the
subject property to allow the applicant to build a single-family home behind
their existing business.Mr.Dimas stated that the Planning Commission and
staff were in favor of the zoning change.Council Member Magill made a motion
to open the public hearing,seconded by Council Member Allen.Mayor
Martinez called for comments from the public.Bob Pfeiffer,resident of FoxFire
Condominiums and speaking on behalf of their Board of Directors,spoke in
opposition to the zoning change and asked for clarification on whether the
parcel meets the"RS-6"zoning requirements;whether the zoning is consistant
with the City's Comprehensive Plan and Unified Development Code;and
whether the business has been inspected by Code Enforcement to determine if
there are any violations to the zoning ordinances before the zoning request is
considered.Mr.Dimas addressed the questions and stated that the subject
property meets the zoning requirements;the zoning is not consistent with the
future land use,but it does creates a buffer between the commercial lot and
anything behind it;and the rezoning does meet the requirements of the Unified
Development Code.Council Member McIntyre requested a copy of the location
map and notification area prior to second reading.Council Member McIntyre
made a motion to close the public hearing,seconded by Council Member
Scott.This Ordinance was passed on first reading and approved with the
following vote:
Aye: 6- Mayor Martinez, Council Member Allen, Council Member Magill, Council
Member McIntyre, Council Member Riojas and Council Member Scott
Absent: 3- Council Member Garza, Council Member Leal and Council Member Loeb
Abstained: 0
27. Public Hearing and First Reading Ordinance -Amending the
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Wastewater Collection System Master Plan for Sandy Creek
Subdivision (Requires 2/3 vote)
Ordinance amending the Wastewater Collection System Master Plan
OSO Wastewater Reclamation Plant(W.R.P.) Service Area, Area 1,
an element of the comprehensive Plan of the City of Corpus Christi,
Texas, by realigning the proposed wastewater collection line to a
location farther north and increasing the diameter of the line;
amending related elements of the Comprehensive Plan of the City;
providing for severance; and providing for publication.
Mayor Martinez referred to Item 27.Interim Director of Development Services
Julio Dimas stated that the purpose of this item is to amend the Wastewater
Collection System Master Plan to realign and increase the diameter of the
planned collection line for Sandy Creek Subdivision.Mr.Dimas stated that the
Planning Commission and staff are in favor of the amendment.Council
Member McIntyre made a motion to open the public hearing,seconded by
Council Member Magill and passed.There were no comments from the Council
or the public.Council Member McIntyre made a motion to close the public
hearing,seconded by Council Member Riojas and passed.This Ordinance was
passed on first reading and approved with the following vote:
Aye: 6- Mayor Martinez, Council Member Allen, Council Member Magill, Council
Member McIntyre, Council Member Riojas and Council Member Scott
Absent: 3- Council Member Garza,Council Member Leal and Council Member Loeb
Abstained: 0
F. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON
THE AGENDA WILL BE HEARD AT APPROXIMATELY 12:00 P.M. PLEASE LIMIT
PRESENTATIONS TO THREE MINUTES.A recording is made of the meeting;
therefore, please speak into the microphone located at the podium and state
your name and address. If you have a petition or other information pertaining to
your subject, please present it to the City Secretary.
Mayor Martinez deviated from the agenda and referred to comments from the
public.Abel Alonzo thanked the council members and individuals who have
donated to the Westside Business Association's"Navidad De Los Ninos"to
help disadvantaged children.Dana Orr spoke about life on Chapman Ranch
and in opposition to the southside annexation.Diane Vandemark and David
Owen spoke regarding the cost and revenues for the southside annexation.
Tom Hartman presented information about a Request for Proposal from the
Department of the Navy,Defense Logistics Agency,to secure up to 55
megawatts of renewable Energy for navy installations in Texas.John Kelley,
Neighborhoods First!,spoke about information he contends is fraudulent that
has been presented regarding the southside annexation.
P. ONE READING ACTION ITEMS: (ITEMS 41 -42)
42. Approving a Letter of Intent to Proceed with an Industrial
Seawater Desalination Facility Economic Feasibility Study
(Requires 2/3 vote)
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Resolution authorizing the City Manager to execute a Letter of Intent to
Proceed regarding Industrial Seawater Desalination Facility Economic
Feasibility Study.
Mayor Martinez deviated from the agenda and referred to Item 42.In response
to Mayor Martinez,City Attorney Risley stated that the resolution would need
to be amended to endorse the City Manager's execution of a Letter of Intent to
proceed regarding an industrial seawater desalination facility economic
feasibility study in an amount not to exceed$50,000,which is within the City
Manager's contract execution authority and replace Sections 1 and 2 with"the
City Manager's execution of a Letter of Intent to Proceed regarding an
Industrial Seawater Desalination Facility Economic Feasibility Study with the
Corpus Christi Regional Economic Development Authority,the San Patricio
Municipal Water District,and the Port Industries of Corpus Christi,is hereby
endorsed,in an amount not to exceed$50,000,which is within the City
Manager's contract execution authority."The change to the resolution would
not require a two-thirds vote of the City Council because it is an endorsement
of a contract under the City Manager's inherent authority.Council Member
McIntyre made a motion to amend the language as stated,seconded by
Council Member Scott and passed.There were no comments from the public.
Executive Director of Utilities Mark Van Vleck stated that the purpose of this
item is to endorse the City Manager's plan to execute a Letter of Intent to
proceed with an industrial seawater desalination facility economic feasibility
study.The key aspects of the agreement include the feasibility study and an
option for a Request for Proposal for a desalination facility.The funding will
come from the Corpus Christi Regional Economic Development Corporation
and the Port Industries;any additional expenses within the City Manager's
authority will be paid for by the City of Corpus Christi.Council Member Magill
requested the report from Freese and Nichols regarding the desalination study.
City Secretary Huerta stated that Council Member Riojas would be abstaining
from this item.This Resolution was passed as amended and approved with the
following vote:
Aye: 5- Mayor Martinez, Council Member Allen, Council Member Magill, Council
Member McIntyre and Council Member Scott
Absent: 3- Council Member Garza, Council Member Leal and Council Member Loeb
Abstained: 1 - Council Member Riojas
Enactment No: 030355
41. Ordinance -Approving the 2015 Annual Audit Plan (Requires 2/3
vote)
Ordinance approving the 2015 Annual Audit Plan; and declaring an
emergency.
Mayor Martinez deviated from the agenda and referred to Item 41.City Auditor
Arlena Sones stated that the purpose of this item is to request approval of the
2015 Annual Audit Plan.Ms.Sones said the City Council had previously
received the proposed plan.The Audit Committee met this morning and made
a few revisions to the proposed plan.Ms.Sones provided a brief overview of
the revisions to the plan.Council Member Scott made a motion to amend the
ordinance to incorporate the changes to the annual audit plan,seconded by
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Council Member Magill and passed.Council Member Scott,Chairman of the
Audit Committee,stated that the Audit Committee has endorsed and approved
the plan.There were no comments from the public.This Ordinance was passed
on emergency as amended and approved with the following vote:
Aye: 6- Mayor Martinez, Council Member Allen, Council Member Magill, Council
Member McIntyre, Council Member Riojas and Council Member Scott
Absent: 3- Council Member Garza, Council Member Leal and Council Member Loeb
Abstained: 0
Enactment No: 030354
EXECUTIVE SESSION: (ITEM 41
Mayor Martinez referred to the day's executive session.The Council went into
executive session.
4. Executive session pursuant to Section 551.071 of the Texas
Government Code for consultation with attorneys regarding fire
collective bargaining negotiations and the Agreement between the City
of Corpus Christi and the Corpus Christi Firefighters Association and
term(s)thereof with possible discussion, resolution(s), and other
actions in open session concerning any matters related thereto.
This E-Session Item was discussed in executive session.
O. REGULAR AGENDA: (ITEMS 28 -40)
28. Second Reading Ordinance-Approving the Texas State Aquarium
Lease-Purchase Agreement(1st Reading 10/21/14) (Requires 28
day delay between Readings)(Requires 2/3 vote)
Ordinance authorizing the City Manager, or his designee, to execute a
Lease-Purchase and Operating agreement including option to
purchase with Texas State Aquarium Association ("TSAA") covering
lots A-1, A-3, B, C and D, of the Texas State Aquarium Subdivision,
together with leasehold rights for the adjacent parking areas; in
consideration of TSAA maintaining the premises and improvements,
operating a public aquarium and related facilities, TSAA's payments on
debt service on the 1996$4.4 million combination tax and revenue
certificates of obligation, and TSA's$45 million dollar expansion of the
aquarium facility; providing for severance; and providing for
publication.
Mayor Martinez referred to Item 28.Assistant City Manager Wes Pierson stated
that the purpose of this item is to approve the second reading of the
lease-purchase agreement with the Texas State Aquarium.The agreement will
become effective 61 days after approval.There were no comments from the
Council or the public.This Ordinance was passed on second reading and
approved with the following vote:
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Aye: 6- Mayor Martinez, Council Member Allen, Council Member Magill, Council
Member McIntyre, Council Member Riojas and Council Member Scott
Absent: 3- Council Member Garza,Council Member Leal and Council Member Loeb
Abstained: 0
Enactment No: 030345
29. Appointing a financial advisor for Utility System Revenue Bond
Sale and Utility System Revenue Refunding Bond Sale (Related
items 29 -32) (Requires 2/3 vote)
Motion authorizing the appointment of M. E. Allison, & Co., as
Financial Advisor for one or more series of City of Corpus Christi,
Texas Utility System Junior Lien Revenue Improvement Bonds (fixed
rate and/or variable rate) in an aggregate principal amount not to
exceed $115,000,000; and for one or more series of City of Corpus
Christi, Texas Junior Lien Revenue Refunding Bonds in an amount not
to exceed $166,240,000.
Mayor Martinez referred to Item 29.Director of Financial Services Constance
Sanchez stated that Items 29,30,and 31 are in reference to funding the FY
2015 Capital Budget utility projects.There were no comments from the Council
or the public.This Motion was passed and approved with the following vote:
Aye: 6- Mayor Martinez, Council Member Allen, Council Member Magill, Council
Member McIntyre, Council Member Riojas and Council Member Scott
Absent: 3- Council Member Garza,Council Member Leal and Council Member Loeb
Abstained: 0
Enactment No: M2014-152
30. Second Reading Ordinance -Authorizing Issuance of Utility
System Revenue Bonds -Fixed Rate (1st Reading 11/11/14)
(Requires 2/3 vote)
Ordinance authorizing the issuance of one or more series of City of
Corpus Christi, Texas Utility System Junior Lien Revenue
Improvement Bonds, in an aggregate principal amount, when
combined with other City Utility System Revenue Obligations
authorized on the date hereof, not to exceed $115,000,000, pursuant
to the delegation provisions set forth herein; making provisions for the
payment and security thereof by a junior and inferior lien on and
pledge of the net revenues of the City's Utility System on a parity with
certain currently outstanding Utility System Revenue Obligations;
stipulating the terms and conditions for the issuance of additional
revenue bonds on a parity therewith; prescribing the forms, terms,
conditions, and resolving other matters incident and related to the
issuance, sale and delivery of each series of bonds; including the
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approval and distribution of one or more Official Statements pertaining
thereto; authorizing the execution of one or more paying
agent/registrar agreements, and one or more purchase contracts;
complying with the requirements imposed by the letter of
representations previously executed with the depository trust
company; establishing the City's intention to reimburse itself from the
proceeds of any such series of bonds for the prior lawful expenditure
of funds to construct various City improvements; delegating the
authority to the certain members of the City staff to execute certain
documents relating to the sale of each series of bonds; and providing
an effective date.
This item was discussed under Item 30.There were no comments from the
public.This Ordinance was passed on second reading and approved with the
following vote:
Aye: 6- Mayor Martinez, Council Member Allen, Council Member Magill, Council
Member McIntyre, Council Member Riojas and Council Member Scott
Absent: 3- Council Member Garza, Council Member Leal and Council Member Loeb
Abstained: 0
Enactment No: 030346
31. Second Reading Ordinance -Authorizing the Issuance of Utility
System Revenue Bonds -Variable Rate (1st Reading 11/11/14)
(Requires 2/3 vote)
Ordinance authorizing the issuance of one or more series of City of
Corpus Christi, Texas Utility System Variable Rate Junior Lien
Revenue Improvement Bonds, in an aggregate principal amount, when
combined with other City Utility System Revenue Obligations
authorized on the date hereof, not to exceed $115,000,000, pursuant
to the delegation provisions set forth herein; making provisions for the
payment and security thereof by a junior and inferior lien on and
pledge of the net revenues of the City's Utility System on a parity with
certain currently outstanding Utility System Revenue Obligations;
stipulating the terms and conditions for the issuance of additional
revenue bonds on a parity therewith; prescribing the forms, terms,
conditions, and resolving other matters incident and related to the
issuance, sale and delivery of each series of bonds; including the
approval and distribution of one or more Official Statements pertaining
thereto; authorizing the execution of one or more paying
agent/registrar agreements, and one or more remarketing agreements,
one or more tender agent agreements, and one or more purchase
contracts; complying with the requirements imposed by the letter of
representations previously executed with the depository trust
company; establishing the City's intention to reimburse itself from the
proceeds of any such series of bonds for the prior lawful expenditure
of funds to construct various City improvements; delegating the
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authority to certain members of the City staff to execute certain
documents relating to the sale of each series of bonds; and providing
an effective date.
This item was discussed under Item 29.This Ordinance was passed on second
reading and approved with the following vote:
Aye: 6- Mayor Martinez, Council Member Allen, Council Member Magill, Council
Member McIntyre, Council Member Riojas and Council Member Scott
Absent: 3- Council Member Garza, Council Member Leal and Council Member Loeb
Abstained: 0
Enactment No: 030347
32. Second Reading Ordinance -Authorizing the Issuance of Utility
System Refunding Bonds (1st Reading 11/11/14) (Requires 2/3
vote)
Ordinance authorizing the issuance of"City of Corpus Christi, Texas
Utility System Junior Lien Revenue Refunding Bonds, Series 2015", in
an amount not to exceed $166,240,000; making provisions for the
payment and security thereof by a junior and inferior lien on and
pledge of the net revenues of the City's Utility System on a parity with
certain currently outstanding utility system revenue obligations;
stipulating the terms and conditions for the issuance of additional
Revenue Bonds on a parity therewith; prescribing the form, terms,
conditions, and resolving other matters incident and related to the
issuance, sale, and delivery of the Bonds, including the approval and
distribution of an official statement pertaining thereto; authorizing the
execution of a paying agent/registrar agreement; an escrow
agreement, and a purchase contract; complying with the
requirements imposed by the letter of representations previously
executed with the depository trust company; delegating the authority to
certain members of the City staff to execute certain documents relating
to the sale of the bonds, and providing an effective date.
Mayor Martinez referred to Item 32.Director of Financial Services Constance
Sanchez stated that the purpose of this item is to approve the second reading
of an ordinance for a refunding opportunity in reference to a utility revenue
bond.There were no comments from the Council or the public.This Ordinance
was passed on second reading and approved with the following vote:
Aye: 6- Mayor Martinez, Council Member Allen, Council Member Magill, Council
Member McIntyre, Council Member Riojas and Council Member Scott
Absent: 3- Council Member Garza, Council Member Leal and Council Member Loeb
Abstained: 0
Enactment No: 030348
33. Appointing a financial advisor for Texas Military Preparedness
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Commission debt transactions (Related items 33 -35) (Requires
2/3 vote)
Motion authorizing the appointment of M. E. Allison, &Co., as
Financial Advisor for the transaction to call for redemption prior to
stated maturity"City of Corpus Christi, Texas General Improvement
Bonds, Series 2007"and "City of Corpus Christi, Texas Combination
Tax and Utility System Revenue Certificates of Obligation, Series
2007" and as Financial Advisor for the issuance of"City of Corpus
Christi, Texas Tax Notes, Series 2014A" in an amount not to exceed
$5,090,000.
Mayor Martinez referred to Item 33.Director of Financial Services Constance
Sanchez stated that Items 33,34,and 35 are related to repurposing unspent
proceeds from a loan the City received from the Texas Military Preparedness
Commission.There were no comments from the public.Council Member Scott
publicly thanked Director of Intergovernmental Relations Tom Tagliabue for his
work.This Motion was passed and approved with the following vote:
Aye: 6- Mayor Martinez, Council Member Allen, Council Member Magill, Council
Member McIntyre, Council Member Riojas and Council Member Scott
Absent: 3- Council Member Garza, Council Member Leal and Council Member Loeb
Abstained: 0
Enactment No: M2014-153
34. Repurposing of existing Texas Military Preparedness loan
(Requires 2/3 vote)
Resolution by the City Council of the City of Corpus Christi, Texas
calling for redemption prior to stated maturity certain of its currently
outstanding obligations designated as"City of Corpus Christi, Texas
General Improvement Bonds, Series 2007" and "City of Corpus Christi,
Texas Combination Tax and Utility System Revenue Certificates of
Obligation, Series 2007"; directing that the City Secretary or designee
thereof, effectuate the redemption of these obligations; and other
matters in connection therewith.
This item was discussed under Item 33.This Resolution was passed and
approved with the following vote:
Aye: 6- Mayor Martinez, Council Member Allen, Council Member Magill, Council
Member McIntyre, Council Member Riojas and Council Member Scott
Absent: 3- Council Member Garza,Council Member Leal and Council Member Loeb
Abstained: 0
Enactment No: 030349
35. Second Reading Ordinance-Authorizing the issuance of tax
notes related to Texas Military Preparedness Commission (1st
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Reading 11/11/14) (Requires 2/3 vote)
Ordinance by the City of Council of the City of Corpus Christi, Texas
authorizing the issuance of"City of Corpus Christi, Texas Tax notes,
Series 2014A" in an amount not to exceed $5,090,000, levying an
annual ad valorem tax, within the limitations prescribed by law, for the
payment of the obligations; prescribing the form, terms, conditions,
and resolving other matters incident and related to the issuance, sale,
and delivery of the obligations; authorizing the execution of paying
agent/registrar agreement and a purchase and investment letter;
complying with the provisions of the depository trust company' s letter
of representations; and providing an effective date.
This item was discussed under Item 33.This Ordinance was approved and
passed on second reading with the following vote:
Aye: 6- Mayor Martinez, Council Member Allen, Council Member Magill, Council
Member McIntyre, Council Member Riojas and Council Member Scott
Absent: 3- Council Member Garza, Council Member Leal and Council Member Loeb
Abstained: 0
Enactment No:030350
36. Appointing a financial advisor for Solid Waste Certificates of
Obligation (Related items 36 -38)(Requires 2/3 vote)
Motion authorizing the appointment of M. E. Allison, & Co., as
Financial Advisor for the of City of Corpus Christi, Texas, Combination
Tax and Solid Waste Revenue Taxable Certificates of Obligation,
Series 2015 in an amount not to exceed $14,500,000.
Mayor Martinez referred to item 36.Director of Financial Services Constance
Sanchez stated that Items 36,37,and 38 are in related to the issuance of
Certificates of Obligation for the Solid Waste Department.There were no
comments from the Council or the public.This Motion was passed and
approved with the following vote:
Aye: 6- Mayor Martinez, Council Member Allen, Council Member Magill, Council
Member McIntyre, Council Member Riojas and Council Member Scott
Absent: 3- Council Member Garza, Council Member Leal and Council Member Loeb
Abstained: 0
Enactment No: M2014-154
37. Authorizing the issuance of Solid Waste Certificates of Obligation
(Requires 2/3 vote)
Resolution by the City Council of the City of Corpus Christi, Texas,
authorizing and approving publication of Notice of Intention to issue
Certificates of Obligation; complying with the requirements contained
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in Securities and Exchange Commission Rule 15c2-12; and providing
an effective date.
This item was discussed under Item 36.This Resolution was passed and
approved with the following vote:
Aye: 6- Mayor Martinez, Council Member Allen, Council Member Magill, Council
Member McIntyre, Council Member Riojas and Council Member Scott
Absent: 3- Council Member Garza, Council Member Leal and Council Member Loeb
Abstained: 0
Enactment No: 030351
38. Second Reading Ordinance-Appropriating funds for Solid Waste
debt service payment(1st Reading 11/11/14) (Requires 2/3 vote)
Ordinance appropriating $1,100,000 from the unreserved fund balance
in the No. 1020 General Fund and transferring to and appropriating in
the No. 2010 Debt Service Fund to pay principal and interest in Fiscal
Year (FY) 2014-2015 for Solid Waste certificates of obligation; and
changing the FY 2014-2015 Operating Budget adopted by Ordinance
No. 030294 to increase revenues by $1,100,000 and expenditures by
$1,100,000 in the No. 2010 Debt Service Fund and to increase
expenditures by$1,100,000 in the General Fund
This item was discussed under Item 36.This Ordinance was passed on second
reading and approved with the following vote:
Aye: 6- Mayor Martinez, Council Member Allen, Council Member Magill, Council
Member McIntyre, Council Member Riojas and Council Member Scott
Absent: 3- Council Member Garza,Council Member Leal and Council Member Loeb
Abstained: 0
Enactment No:030352
39. Second Reading Ordinance -Authorizing an interlocal agreement
and appropriating funds for a Downtown Safety & Security
Partnership Program (1st Reading 11/11/14) (Requires 2/3 vote)
Ordinance authorizing the City Manager or his designee to execute a
nine-month interlocal agreement from January 2015 through
September 2015 with the Corpus Christi Downtown Management
District to pay the District$166,500 for contracting with Off-Duty Bike
Patrol Officers and Security Ambassadors to patrol the District;
appropriating $166,500 from the unreserved fund balance in the No.
1020 General Fund; changing the fiscal year 2014-2015 operating
budget adopted by Ordinance Number 030294 by increasing
appropriations by$166,500.
Mayor Martinez referred to Item 39.Assistant City Manager Wes Pierson stated
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that the purpose of this item is to authorize an interlocal agreement and
appropriate funding for the Downtown Safety&Security Partnership Program.
There were no comments from the Council or the public.This Ordinance was
passed on second reading and approved with the following vote:
Aye: 6- Mayor Martinez, Council Member Allen, Council Member Magill, Council
Member McIntyre, Council Member Riojas and Council Member Scott
Absent: 3- Council Member Garza, Council Member Leal and Council Member Loeb
Abstained: 0
Enactment No: 030353
40. Amending the Corpus Christi Convention and Visitors Bureau
(CCVB)agreement to align it with the City's fiscal year and
amending the board composition (Requires 2/3 vote)
Motion authorizing the City Manager or designee to execute an
Amended Consulting Services Agreement with the Corpus Christi
Convention and Visitors Bureau for a period ending September 30,
2015.
Mayor Martinez referred to Item 40.Assistant City Manager Wes Pierson stated
that the purpose of this item is to authorize the execution of an amended
consulting services agreement with the Corpus Christi Convention and
Visitors Bureau.There were no comments from the Council or the public.This
Motion was passed and approved with the following vote:
Aye: 6- Mayor Martinez, Council Member Allen, Council Member Magill, Council
Member McIntyre, Council Member Riojas and Council Member Scott
Absent: 3- Council Member Garza,Council Member Leal and Council Member Loeb
Abstained: 0
Enactment No: M2014-155
Q. FIRST READING ORDINANCES: (ITEMS 43 -44)
43. First Reading Ordinance -Abandoning and vacating a portion of a
utility easement located north of Sedwick Road and west of
Southern Minerals Road (Requires 2/3 vote)
Ordinance abandoning and vacating a portion of an existing 60-foot
wide utility easement out of a part of Lot 8, BIk. 1, Wildcat Industrial
Park, located north of the Sedwick Road public street right-of-way, and
west of the Southern Minerals Road public street right-of-way; and
requiring the owner, Scott Humpal, to comply with the specified
conditions.
Mayor Martinez referred to Item 43.Director of Development Services Dan
Grimsbo stated that the purpose of this item is to abandon and vacate a utility
easement and allow for the future development of the subject property.There
were no comments from the Council or the public.This Ordinance was passed
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on first reading and approved with the following vote:
Aye: 6- Mayor Martinez, Council Member Allen, Council Member Magill, Council
Member McIntyre, Council Member Riojas and Council Member Scott
Absent: 3- Council Member Garza, Council Member Leal and Council Member Loeb
Abstained: 0
44. First Reading Ordinance -Amending Chapter 55-111 of the City
Code of Ordinances regarding water service outside the City
limits (Requires 2/3 vote)
Ordinance to amend Chapter 55 of the City Code of Ordinances,
regarding water contracts for customers located outside city limits but
within the city's water service area.
Mayor Martinez referred to Item 44.Director of Development Services Dan
Grimsbo stated that the purpose of this item is to amend Chapter 55,Code of
Ordinances regarding water contracts for customers located outside the city
limits,but within the city's water service area to include details on future
annexation requirements.It was determined by Legal that this language is not
required.There were no comments from the public.This Ordinance was
passed on first reading and approved with the following vote:
Aye: 6- Mayor Martinez, Council Member Allen, Council Member Magill, Council
Member McIntyre, Council Member Riojas and Council Member Scott
Absent: 3- Council Member Garza,Council Member Leal and Council Member Loeb
Abstained: 0
R. FUTURE AGENDA ITEMS: (ITEMS 45 -46)
Mayor Martinez referred to Future Agenda Items.City Manager Olson stated
that staff did not have any planned presentations.
45. Approving the purchase of Cisco SmartNet maintenance
(Requires 2/3 vote)
Motion authorizing the City Manager or designee to approve the
purchase of twelve months Cisco SmartNet maintenance from
Computer Solutions of San Antonio, Texas, DIR-TSO-2542, for a total
expenditure of$116,895.78. Funds are available in the Municipal
Information Systems Department FY2014-2015 budget.
This Motion was recommended to the consent agenda.
46. Certification of 2014 Tax Levy (Requires 2/3 vote)
Motion approving the 2014 Ad Valorem Tax Levy of$97,666,247.44
based on the adopted property tax rate of$0.585264 per$100
valuation, in accordance with Section 26.09 (e) of the Texas Tax
Code.
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This Motion was recommended to the consent agenda.
S. BRIEFINGS TO CITY COUNCIL: (NONE)
T. LEGISLATIVE UPDATE:
None.
U. ADJOURNMENT
The meeting was adjourned at 2:43 p.m.
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