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HomeMy WebLinkAbout023893 ORD - 12/21/19991 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY THE CITY OF CORPUS CHRISTI, BY CHANGING THE ZONING MAP IN REFERENCE TO THE NEWLY ANNEXED 39.5 -ACRE TRACT, DESIGNATED AS AREA A, TRACTS 2, 3, 4, AND 5, BY ZONING AS "R -1B" ONE -FAMILY DWELLING DISTRICT; AMENDING THE COMPREHENSIVE PLAN; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of the City of Corpus Christi, for amendment to the zoning map of the City of Corpus Christi; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, November 10, 1999, during a meeting of the Planning Commission, and on Tuesday, December 21, 1999, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve public health, necessity, and convenience and the general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by zoning the newly annexed 39.5 -acre tract, designated as Area A, Tracts 2, 3, 4, and 5, consisting of 2.5 acres out of Herrera Grant and 37.0 acres out of McIntyre Partition, located south of the Nueces River, east of East Riverview Drive, and west of River Park and Wood River Drives, as "R -1B" One -family Dwelling District. A metes and bounds description of each tract is attached as Exhibit A for Tract 2, Exhibit B for Tract 3, Exhibit C for Tract 4 and Exhibit D for Tract 5. SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this ordinance. SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1973, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. rl^_:3q C:UNy Documents \DDCurtis'Mydocs\1999\PBzoning.28\ZONEANNX.ORD\DoyleC\Z119902A.DOC 2 SECTION 4. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 6. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 7. That this ordinance shall take effect at 12:01 a.m., December 28, 1999, the same time that the ordinance annexing this tract of land takes effect. SECTION 7. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency measure this the 21st day of December 1999. Armando Chapa City Secretary APPROVED: December 14, 1999: James Bray, C' y Attorney r, By: 1' bat THE CITY OF CORPUS CH - TI DoylCurtis, Assistant City Attorney Samuel L. Neal, Jr. Mayor, The City of Corpus Christi C:\My Documents \DDCurtis\Mydocs\1999\P&zoning.28\ZONEANNX.ORD\DoyleC1Z119902A.DOC 3 Corpus Christi Texas day of 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 two 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, Samuel L. Neal, Jr. Mayor, The City of Corpus ris I Council Members The above ordinance was passed by the following vote: Samuel L. Neal, Jr. Javier D. Colmenero Melody Cooper Henry Garrett Dr. Arnold Gonzales ; -, Rex A. Kinnison 10, Betty Jean Longoria John Longoria Mark Scott C:\My Documents \DDCurtis\Mydocs\1999\P&zoning.28\ZONEANNX.ORD\DoyleC\Z119902A.DO'C 4 EXHIBIT A METES AND BOUNDS AREA "A", TRACT 2 A 17.2 acre tract of land, more or less, out of a 11.963 acre tract now or formerly owned by the Premier Planning and Development Corporation, a Texas Corporation, described in Document No. 1999040660, dated September 10, 1999, Nueces County Deed Records, and out of a 39.566 acre tract, now or formerly owned by J. G. Haldeman, described in Document No. 875097, Nueces County, Texas, Deed Records, said 17.2 acre tract more particularly described as follows: BEGINNING at a point, a corner on the present City limit line established by Ordinance No. 23135, dated November 18, 1997, which bears North 43° 45' 40" West, 84.55 feet, more or less, from the north corner of Lot 10, Block 52, Wood River Subdivision Unit 9, for an outside corner of the tract herein described; THENCE South 43° 45' 40" East, 84.55 feet, more or less, to a point, for a corner in the present City limit line established by Ordinance No. 19160, dated January 14, 1986, and an inside corner of this tract; THENCE South 49° 08' 27" West along the present City limit line, 123.58 feet, more or less, for a point of deflection on said present City limit line, and an inside corner of this tract; THENCE South 42° 08' 12" West continuing with the present City limit line, 151.21 feet, more or less, for a corner on the present City limit line established by Ordinance No. 21914, dated April 19, 1994; THENCE North 47° 51' 58"W 185.80 feet, more or less, to a point on the west right-of- way line of a 100 -foot drainage right-of-way, for a corner on the present city limit line, a curve to the left whose central angle = 47°02' 27", radius = 509.52, tangent = 221.76, length of curve = 418.32 feet, for a corner on the present city limit line and an inside corner of this tract; THENCE in a southwesterly direction along said curve to the left, the present City limit line and the west right-of-way line of a 100 -foot wide drainage right-of-way platted as part of Wood River Subdivision Unit 10, an arc distance of 120 feet, more or less, to its intersection with a line which bears South 43° 45' 40" East from the southwest corner of the aforementioned 11.963 acre tract, for the south corner of this tract; THENCE North 43° 45' 40" West, 1,120 feet, more or less, to a point on the east right- of-way line of East Riverview Drive, for the southwest corner of said 11.963 acre tract and the southwest corner of this tract; THENCE North 0° 32' 40" East, along said east right-of-way line of East Riverview Drive, 660 feet, more or less, to a point for the northwest corner of said 11.963 acre tract, and the northwest corner of this tract; CAMy Documents \DDCurtis\Mydocs\1999\PBzoning.28\ZONEANNX.ORD\DoyleC\Z119902A.DOC 5 THENCE South 89° 27' 20" East along the north line of said 11.913 acre tract, 103.67 feet, more or less, to a point on the northeast line of a 30 -foot wide Texas Eastern Transmission Corporation pipeline right-of-way which is recorded in Volume 760, Pages 214 and 215, Nueces County, Texas, Deed Records, for the northeast corner of this tract; THENCE South 43° 45' 40" East along the northeast right-of-way line of said 30 -foot wide pipeline right-of-way, 1,550.19 feet, more or less, to a point on the present City limit line established by Ordinance No. 23135, dated November 18, 1997, for the easternmost corner of this tract; THENCE South 46° 14' 20" West, along said present City limit line, crossing said 30 - foot wide pipeline right-of-way, 30 feet, more or less, to a point on the south line of said 30 -foot wide pipeline right-of-way, for a corner on the present City limit line and the POINT OF BEGINNING. EXHIBIT B METES AND BOUNDS AREA "A", TRACT 3 A 24.8 acre tract of land, more or less, consisting of 14.07 acres platted as Wood Estates Unit 2A and 10.73 acres, more or less, out of a 30.913 acre tract, more or less, now or formerly owned by TRP, LLC, described in Document No. 1998053020, Nueces County Deed Records, said 24.8 acre tract, more or less, more particularly described as follows: BEGINNING at a corner on the present City limit line, established by Ordinance No. 23135, dated November 18, 1997, said corner bears North 43° 45' 40" West, 84.55 feet, more or less, thence North 46° 14' 20" East, 372 feet, more or less, from the north corner of Lot 10, Block 52, Wood River Subdivision Unit 9, for the west corner of the tract herein described; THENCE North 46° 14' 20" East, along a common line between a 106.75 acre tract, now or formerly owned by J. G. Haldeman, described in Document No. 825692, Nueces County Deed Records, and a 61.30 acre tract, now or formerly owned by Wood River Property, described in Document No. 907096, Nueces County Deed Records, 590.00 feet, more or less, to a corner on the present City limit line, being the west corner of Tract 4 described in Ordinance No. 23135, dated November 18, 1997, for the north corner of this tract; THENCE South 50° 35' 00" East along the present City limit line, 1,015 feet, more or less, to the point of curvature of a curve to the left, whose radius is 770.00 feet and length of curve is 350 feet, for a point on the northeast line of this tract; C:Vvvy Documents \DDCurtis'Mydocs\1999\P&zoning.28\ZONEANNX.ORD\DoyleC\Z119902A.DOC 6 THENCE in a southeasterly direction, along said curve to the left, the present City limit line, an arc distance of 350 feet to the point of tangency; THENCE South 76° 15' 00" East continuing along the present City limit line, 90 feet, more or less, to a point on the south right-of-way line of existing 50 -foot wide Beal Drive, as platted with Wood River Subdivision Unit 11A, for a point on said present City limit line established by Ordinance No. 22617, dated June 25, 1996, and a point on the northeast line of this tract; THENCE southeasterly along the south right-of-way line of said Beal Drive, and continuing with the present City limit line, an arc distance of 163.21 feet, more or less, to its intersection with the north line of the park at Wood River Unit 8, for a corner on the present City limit line established by Ordinance No. 19160, dated January 14, 1986, and the east corner of this tract; THENCE in a westerly direction along the north line of the park at Wood River Unit 8, the present City limit line, its curves and its angles, to the north corner of Lot 1A, Block 49, the park at Wood River Unit 8, for a corner on said present City limit line, and a point of deflection on the southwest line of this tract; THENCE North 43° 45' 40" West along the present City limit line established by Ordinance No. 23135, a distance of 795 feet, more or less, to a point, for the POINT OF BEGINNIING. EXHIBIT C METES AND BOUNDS AREA "A", TRACT 4 A 10 acre tract of land, more or less, out of a 61.30 acre tract, now or formerly owned by Wood River Property, described in Document No. 907096, Nueces County Deed Records, said 10 acre tract, more or less, more particularly described as follows: BEGINNING at a point on the present City limit line established by Ordinance No. 23135, dated November 18, 1997, said point bears North 43° 45' 40" West, 84.55 feet, more or less, then North 46° 14' 20" East, 30 feet, more or less, from the north corner of Lot 10, Block 52, Wood River Subdivision Unit 9, and is located on the northeast line of a 30 -foot wide Texas Eastern Transmission Corporation pipeline right- of-way which is recorded in Volume 760, Pages 214 and 215, Nueces County Deed Records, for the south corner of the tract herein described; THENCE North 43° 45' 40" West along the northeast line of said 30 -foot wide pipeline right-of-way, 1,182.00 feet, to a point for the west corner of this tract; C:\MY DOCUMENTS \DDCURTIS\MYDOCS\ 1999\P&ZONING.28\ZONEANNXORD\DOYLEC\Z 119902A. DOC 7 THENCE North 46° 14' 20" East, 340.08 feet, to a point for the north corner of this tract; THENCE South 43° 45' 40" East, 1,182.00 feet, more or less, to a point for a corner on said present City limit line and the east corner of this tract; THENCE South 46° 14' 20" West along said present City limit line, 340.08 feet, more or less, to a point on the northeast line of said 30 -foot pipeline right-of-way, for the POINT OF BEGINNING. EXHIBIT D METES AND BOUNDS AREA "A", TRACT 5 A 10 acre tract of land, more or less, out of a 43.31 acre tract, more or less, now or formerly owned by Wood River Property, described in Document No. 1999019237, Nueces County Deed Records, said 10 acre tract, more or less, more particularly described as follows: BEGINNING at a point, the intersection of the northerly extension of the east line of a 9.353 acre tract, more or less, now or formerly owned by the Estate of Mrs. Nina G. Stewart, described in Volume 300, Page 153, Nueces County Deed Records, and the south low water line of the Nueces River, for a point on the present City limit line established by Ordinance No. 10002, dated November 18, 1970, and the northwest corner of the tract herein described; THENCE in a southeasterly direction, along the present City limit line, the south low water line of the Nueces River, its curves and its angles, to its intersection with the northeasterly extension of the northwest line of Tract 5, as described in Ordinance No. 23135, dated November 18, 1997, for the east corner of this tract; THENCE South 46° 14' 20" West along the present City limit line established by said Ordinance No. 23135, dated November 18, 1997, 240.00 feet, more or less, for a corner in the present City limit line, and an inside corner of this tract; THENCE South 47° 48' 25" East, continuing along the present City limit line, 190.00 feet, more or less, to a point on a common line between a 106.75 acre tract, more or less, described in Document No. 825692 and a 61.30 acre tract, more or less, described in Document No. 907096, Nueces County Deed Records, for the north corner of Tract 4 as described in Ordinance No. 23135, dated November 18, 1997, and an outside corner of this tract; C:\MY DOCUMENTS\DDCURTIS\MYDOCS\ 1999\P&ZONING.28\ZONEANNX.ORD\DOYLEC\Z 119902A.DOC 8 THENCE South 46° 14' 20" West along the present City limit line, 350.00 feet, more or less, to a corner on said present City limit line, the west corner of Tract 4 as described in Ordinance No. 23135, dated November 18, 1997, and the south corner of this tract; THENCE North 46° 54' 43" West, a distance of 1,814.82 feet, more or less, to a point, for the POINT OF BEGINNING. C:\MY DOCUMENTS \DDCURTIS\MYDOCS\ 1999\P&ZONING.28\ZONEANNX.ORD\DOYLEC\Z 119902A.DOC State of Texas County of Nueces } } PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI ss: Ad # 3254217 PO# Before me, the undersigned, a Notary Public, this day personally came Darrell G. Coleman, who being first duly sworn, according to law, says that he is Vice - President and Chief Financial Officer of the Corpus Christi Caller -Times, a daily newspaper published at Corpus Christi in said City and State, generally circulated in Aransas, Bee, Brooks, Duval, Jim Hogg, Jim Wells, Karnes, Kenedy, Kleberg, Live Oak, Nueces, Refugio, San Patricio, Victoria and Webb Counties, and that the publication of, NOTICE OF PUBLIC HEARING TO CONSIDER ZONING APPLICATION(S) OF THE CITY OF CORPUS CHRISTI which the annexed is a true copy, was inserted in the Corpus Christi Caller - Times and on the World Wide Web on the Caller -Times Interactive on the 6TH day(s) of DECEMBER, 1999. TWO (21 Time(s) $466.35 h e - • •� 6'2:47-F oFP4`;:.. -i, EXP\ O\ qc Vice -President and Chief Financial Officer Subscribed and sworn to before me this 7TH day(s) of DECEMBER, 1999. Notary Public, Nueces County, Texas CONNIE HARALSON Print or Type Name of Notary Public My commission expires on 5/14/01. C&Q,6dfaatfikmc) Corpus Christi Caller -Times, Monday, NOTICE OF PUBUC HEARING TO CONSIDER ZONING APPLICATION(S) OF THE CITY OF CORPUS CHRISTI t"tria1ias is hereby glean inj accordance with the leWr. that the City Council of Me City of Corpus Christi 1d1 'conduct a public Mating on Tuesday, , Daoember 21, 1999, during Aregular Council' meeting which commences at 2:00 p.m. in the City Council Mariners, City -Hell, 1201 Leopard, fo. ie strider ie l r(� 9f'i snob said sppNcelionsl` are on file in the Office of Me CitySecretary and the epartment of PWving. At said time W place of hearing, allj ppaursons and parties Imereded may appear.. before. the City Council. The zoning dente) to be ods dared at the hearing are as rams: 1. Ct199-1A, City o( Corpus Christi: Located on the east side of East Riverview Drive approximately 1,100 feel north of Dry Creek Drive (Annexation Designation Ares A, Tract 1) - Planning Commissio and Staff' Recommendation (11/1 h. 99): Approval of an 'R 1B' One -family Dwelling, District on the property. 2. C1199 -2A, City of! Corpus Christi: Located, south of Nueces River, east of East Riverview Drive, and west of River. Park end Wood River I Drives (Annexation Designation Area A,.. Tracts 2.5)-Planning Commission's. Recommendation (11/10/ IN): Approval of an 'R- 18" One -family Dwelling District on Tracts 2, 3, and 4, and an 'RA' One- rily DwelIMg District Tract 5; Staff's Fleoemmendation (11/10 99): Approval of an 'R' 10' One -family Dwelilng District on Tracts 2, 3, 4, and 5. 3. C1199 -3A, •City of Corpus Christi: Located on the south side of Nueces River, and north of Santa Gertrudis Drive (Annexation Designation Area B, Tract 1) - Planning Commission end Reo mandation (11/10/ FwApproval of an 'F -R' rn-Rural District on the property. 4. C1199 -4A, City of Copus Christi: Located on the west side of County Road 89, between the Nueces River and Northwest yard (F.M. 9824) ixetion Designation B, Tracts. 2-4'- Manning Commission's Recommendation n (11/ (11/10' 99): Approval of an 'F -R' 7 Farm -Rural District on a Tract 2, an 'R -1B' One - family Dwelling District 2 on Tract 3; and "R -1B r 3 December 6, One -family Dwell leg District, 'AB. Professional Office District, and '8.1' Neighborhood BUSMAN District on Tract 4; Stairs Recommendation (11/10' 99): Approval of an "F -R" Farm -Rural District on Tract 2 and approval of an 'R -1B' One -family Dwelling District on Tracts 3 and 4. , . C1199 -5A, CIty -of Corpus Christi: Located on the north side , of Zamora Street and on the west side of Fiver Lane (Annexation I Designation Area C) - Planning Commission and Staff's Recommendation (11/19/ 99): Approval of an 'F -R' Farm -Rural District on the property. 8, C1199 -8A, City -of Corpus Christi: Located on the northwest side of State Highway 381, and east of South Padre island Drive (Park Road 22) (Annexation Designation Area 0, Tracts 1 and 2)-Plannlng Commission's Recommendation (11/101 99): Approval of an 'F -R• Farm - Rural District on Tract 1 and an 'RA' One family Dwelling District and a '3-2A Banter Island Business District on Tract 2; Staff's Recommendation (11/101 99): Approval of an 'F-11' District on Tract 1 and IB - 2A' Barrier Island Business District on Tract 2. 7. C1199 -7A, City Corpus Christi: Loco on the southeast State Highway 381, east of South Padre Main Drive (Park Road 32) (Annexation Designation Area E, Tracts 1 and - Planning Commission's Recommendation (11/10/ 99): Approval of an 'AT" Apartment -Tourist Wedkt on Tract 1 and en AT Apartment-Toutit Dlitrlet and a 'B-*' Bailer island Businass Dan on Tract 2; Staffs RAianmApdation (11/101 9r Approval of an "F -R' 'Fre-Rural District on Tract 1 and a 'B -2A' Barter island Business District on Tract 2. 8. 01199.8A, City of Corpus Christi:Located between South Pang Island Drive (Parc Root 22) and Windward Dreg, south of Whitec$p Boulevard (Annexation Designation Area E, Tract 3) Planning Commission and Stags Recommendation (11/101 99): Approval of a'B-2A' Barrer Island Business District on the property. 9. C1199 -9A, City o1 Corpus Christi: Located on the east side of South Padre Island 2) annd north e� of NuscestKtabdrg' County line (Annexation Designation Area •E, Tract 4)-Planniltp ConmhNNaa sr Staffs annr ') qp teretI o} a R `ff ilpl-roRRp{u7rreal District en the10. C1199 --10A, Cllj! a a Corpus Christi: Cot and Gul between mss and Island State. (Annexation Ares F, T alnd Planning S K Recommerdal 99): AApppprovers Farm -Rural t t %-5n Ion f'e 71/10/ "F -R' d on Tract 1 antl'...al 'AT' Apa )merlfQteuriat on 7]ig$ 2, 3A, 38, anti thfiel0 "they b8 obtained kh9 the Planning anent et 880-3560,4x Visiting the Planning Department at 1201 LWOpird Street. /llineado Chopp CIty. 04 CoorrpusgChristi Psaresesser. 1999/C7 0 State of Texas County of Nueces } } PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI ss: Ad # 3274586 PO# Before me, the undersigned, a Notary Public, this day personally came Darrell G. Coleman, who being first duly sworn, according to law, says that he is Vice - President and Chief Financial Officer of the Corpus Christi Caller -Times, a daily newspaper published at Corpus Christi in said City and State, generally circulated in Aransas, Bee, Brooks, Duval, Jim Hogg, Jim Wells, Karnes, Kenedy, Kleberg, Live Oak, Nueces, Refugio, San Patricio, Victoria and Webb Counties, and that the publication of, NOTICE OF PASSAGE OF ORDINANCE(S): NO. 023892 which the annexed is a true copy, was inserted in the Corpus Christi Caller -Times and on the World Wide Web on the Caller -Times Interactive on the 27TH day(s) of DECEMBER, 1999. TWO (2) Time(s) $203.95 Vice -President and Chief Financial Officer Subscribed and sworn to before me this 4TH day(s) of JANUARY, 2000. Notary Public, Nueces County, Texas CONNIE HARALSON Print or Type Name of Notary Public My commission expires on 5/14/01. ©rki rageu Numtiost 041001„ ogEg3, °Zorlq, 6438%, b asuci 1, o wfl S', oz35ict o xogc0 Corpus resit raser-Times. Monday, December 27, 1999 NO. 023892, by di** the zoning map in reference to newly annexed 3.5 acre tract, designated as Area A, Tract 1, byrNi'R- IB' One-FyOweIIIng District; NO. 029893, by. changidnatralP I referenda totheo the newly annexed 39.5 -ase tract, designated as Area. A, 4, a9d *,q��mlly Dwemnpp N0. O23194`,i b changing the zoning map in reference ta:Bie newly annexed' 38.07 acre nigecluArea tract, Tractt des1, by -zoning 88 'F -R' Farm•Rural District; NO. 023895, by changing the zoning map. in reference to the newly annexed 88.27 -acre tract, detained as Area 8, Tracts 2, 4A and 4B', by zoning Tract 2, as 'F- R' Farm -Rural -District and Tracts 4A and 4B as 'R-18' One -family Dwelling District; NO. 023896, by changing the zoning map In reference to the newly annexed 73 - acre tract, designated as Area C, by zoning Area C as "F -R' Farm -Rural District; NO. 023897, by changing the zoning map in reference 'to the newly annexed 1,238 -acre tract,designated as Area D, racts 1, D2.1 and D2.2; by zoning Tract 1 fas by zoning Trract D2.1 as B -2A' Bartter Island Business District; and by zoning Tract D22 as "R-1 B' One -Family Dwelling District NO. 023898, by changing the zoning map In referents to the newly annexed. 711 -acre tract, designated as Area E, Tracie 1 and 2, by zoning Tract 1 as 'AT Apartment -Tourist District and Tract 2 as, `B -2A' Barrier Island Business District; NO. 023899, by changng the zoning map in reference to the newly annexed 14.5 -acre tract, designated as Area E, Tract 3, by zoning as "13- 2A" Barrier Island Business District; and NO. 023900, by changing the zoning map in reference to the newly annexed 2,513 -acre tract, designated as Area F, Tracts 1 and 2, by zoning the part of Tract 1 west of State Highway 361, as 'F -R' ann- Rural District, and by zoning Tracts 2 and the part of Tract 1 east of State Highway 361 as 'A- T' Apartment -Tourist District; amending the Comprehensive Plan. These ordinances were passed andapproved the Cep_ Cour of the City at Corpua Clad on Dsosr/`er �, ArmandoCity of Cor Christi