HomeMy WebLinkAboutMinutes City Council - 09/12/2017 Ili
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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 September 12,2017 which were approved by the City
Council on September 19, 2017.
WITNESSETH MY HAND AND SEAL, on this the 19th day of September, 2017.
Re ecca Huerta
City Secretary
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")'' Meeting Minutes
City Council
•
Tuesday,September 12,2017 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.
MEMBERS OF THE AUDIENCE WILL BE PROVIDED AN OPPORTUNITY TO
ADDRESS THE COUNCIL AT APPROXIMATELY 12:00 P.M. CITIZEN COMMENTS
WILL BE LIMITED TO THREE MINUTES. 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.Any electronic media (e.g. CD, DVD,flash drive)that the Public would
like to use while they speak to the City Council MUST be submitted a minimum of
24 hours prior to the meeting. Please contact the Public Communications
department at 361-826-3211 to coordinate.
A. Mayor Joe McComb to call the meeting to order.
Mayor McComb called the meeting to order at 11:31 a.m.
B. Invocation to be given by Pastor Claude Axel, Mount Pilgrim Baptist Church.
Pastor Claude Axel gave the invocation.
C. Pledge of Allegiance to the Flag of the United States to be led by Steve Viera,
Director of Human Resources.
Director of Human Resources Steven Viera led the Pledge of Allegiance.
D. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers.
City Secretary Rebecca L.Huerta called the roll and verified that a quorum of
the City Council and the required Charter Officers were present to conduct the
meeting.
Charter Officers:
City Manager Margie C.Rose,City Attorney Miles K.Risley,and City Secretary
Rebecca L.Huerta.
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City Council. Meeting Minutes September 12,2017
Present: 9- Mayor Joe McComb,Council Member Rudy Garza,Council Member Paulette
Guajardo,Council Member Michael Hunter,Council Member Debbie
Lindsey-Opel,Council Member Ben Molina,Council Member Lucy
Rubio,Council Member Greg Smith, and Council Member Carolyn Vaughn
E. Proclamations/Commendations
1. Proclamation declaring September 2, 2017, "Foy H. Moody High School
50th Anniversary Day".
Proclamation declaring September 8, 2017, "International Literacy Day"
and September 2017, "International Literacy Month".
Proclamation declaring September 11, 2017, "9/11 Day of Service and
Remembrance".
Proclamation declaring September 17, 2017, "Mission of Mercy 10-Year
Anniversary-A Decade of Healing Through Love Day"
Proclamation declaring September 30, 2017, "Corpus Christi Out of the
• Darkness Walk".
Presentation donating to"Mayor's Hurricane Harvey. Fund" by Nathaniel
Villarreal -Age 7.
Swearing-In Ceremony for Newly Appointed Board, Commission and
Committee Members.
Mayor McComb presented the proclamations;accepted a donation to the
"Mayor's Hurricane Harvey Fund"from Nathaniel Villarreal;and conducted the
swearing-in ceremony for a newly appointed committee member.
J. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON
THE AGENDA WILL BE HEARD AT APPROXIMATELY 12:00 P.M. 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 choose to speak during this
public comment period regarding an item on the agenda, you may do so.You will
not be allowed to speak again, however,when the Council is considering the
item. Citizen comments are limited to three minutes. If you have a petition or
other information pertaining to your subject, please present it to the City
Secretary.Any electronic media(e.g. CD, DVD, flash drive)that the Public would
like to use while they speak MUST be submitted a minimum of 24 hours prior to
the Meeting. Please contact the Public Communications department at
361-826-3211 to coordinate.
Mayor McComb deviated from the agenda and referred to comments from the
public.Kevin Kieschnick,Nueces County Tax Assessor,spoke regarding
Agenda Item 14,an ordinance adopting the FY2018 Property Tax Rate,
providing information to the City Council on the state law requirements and
deadlines related to adopting the tax rate;the timeline of procedures for
Nueces County to provide consolidated tax statements to property owners;the
impact of Hurricane Harvey to entities in Nueces County and the Governor's
ability to waive or extend the deadline calendar;and the requirements should
the City Council consider a tax rate higher than the posted rate of$0.606264
per$100 valuation.Jack Gordy,4118 Bray Drive,spoke regarding blocked
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sidewalks and requested that City Council place this discussion on a future
agenda.Tony H.Garza,579 Tuna Street,spoke regarding issues with the 2-1-1
registry for citizens needing assistance during a disaster and the City not
contacting him during the hurricane event to take him to safety.Margareta
Fratila,3606 Tripoli,requested that the City Council develop an
Adopt-An-Evacuee Program to assist individuals affected by the hurricane.
Cheryl Martinez,3938 Surfside,spoke regarding the following topics:the
Special City Council meeting on September 8,2017 related to Hurricane
Harvey did not include a report on Animal Control;the phenomenal job
performed by Animal Control during the hurricane event;and clarified
inaccurate information regarding resources offered to Animal Control after the
hurricane.Susie Luna Saldana,4710 Hakel,commended the Police
Department's efforts during the hurricane and the need for additional police
officers.
Mayor McComb stated that false information was being reported on social
media regarding insurance claims being denied because a mandatory
evacuation was not issued during the hurricane.Mayor McComb encouraged
residents that have been denied coverage for this reason to contact his office
and he will forward the information to the Texas Department of Insurance and
the Attorney General.
F. CITY MANAGER'S COMMENTS/UPDATE ON CITY OPERATIONS:
Mayor McComb referred to City Manager's Comments.City Manager Margie C.
Rose reported on the following topics:
a. OTHER
1)The Storm Water Treatment Division of the Utilities Department has been
awarded a Gold Level in Project Management and a Gold Level in Innovation
for the MS4 Program.The MS4 Program is a system of drainage ditches and
storm water mains that discharge storm water and runoff.Interim Water
Quality Manager Crystal Ybanez submitted information to the Water
Environment Federation and the National Municipal Storm Water and Green
Infrastructure Awards Program.The award recognizes high performers in
project management and innovation. An example of this proactive measure of
the City's storm water system is the basket inlet cleaning program.2)The
Texas Commission on Arts has recently designated downtown Corpus Christi as
the state's newest Cultural District.The City Council adopted a resolution of
support which helped secure this designation.A cultural district is a special
zone that harnesses the power of cultural resources to stimulate economic
development and community revitalization.The Corpus Christi Downtown
Cultural District will be eligible for grants and unique opportunities as a result
of the designation.3)Due to increased contamination entering the recycling
stream,the Communications and Solid Waste Departments have teamed up to
help educate residents about proper recycling.City Manager Rose provided a
sneak peak of the new Recycle-Right Campaign.
G. MINUTES:
2. Regular Meeting of August 29, 2017 and Workshop of August 10, 2017.
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Mayor McComb referred to approval of the minutes.Council Member Garza
made a motion to approve the minutes,seconded by Council Member Molina
and passed unanimously.
H. BOARD & COMMITTEE APPOINTMENTS:
3. Corpus Christi Downtown Management District
Museum of Science and History Advisory Board
- Parks and Recreation Advisory Committee
Mayor McComb referred to board and committee appointments.The following
appointments were made:
Corpus Christi Downtown Management District
Council Member Garza made a motion to appoint Eric R.Gutschow(Property
Owner),seconded by Council Member Lindsey-Opel and passed unanimously.
•
Museum of Science and History Advisory Board
Mayor McComb made a motion to realign Anita Eisenhauer from Advisory,
Non-Voting to the Community Advocate category and Ruben E.Rocha,Jr.,from
Advisory,Non-Voting to the K-12 Education category,seconded by Council
Garza and passed unanimously.
Mayor McComb made a motion to appoint Claudia C.Huerta(Friends of the
Museum Nominee)and Suzzette F.Chopin(Community Advocate),seconded
by Council Member Hunter and passed unanimously.
Parks and Recreation Advisory Committee
Council Member Rubio made a motion to appoint Donnie Contreras,seconded
by Council Member Vaughn and passed unanimously.
EXPLANATION OF COUNCIL ACTION:
K. CONSENT AGENDA: (ITEMS 4-10)
Mayor McComb referred to the Consent Agenda.There were no comments
from the public.Council members requested that Items 4,5,6,7,and 8 be
pulled for individual consideration.
4. Service Agreement for Health and Welfare Consulting Services
Motion authorizing the City Manager or designee to execute service
agreement with IPS Advisors, LLP of Dallas, Texas for health and welfare
benefits consulting services in accordance with Request for Proposal
(RFP) No. 973, based on best value for a total amount not to exceed
$59,000 for the initial year, with a step price increase throughout the
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option years. The initial year's funding will be requested for FY 2017-18.
The term of this agreement is for one year with option to extend for up to
four additional one-year periods, subject to the sole discretion of the City.
Mayor McComb referred to Item 4,execution of a service agreement for health
and welfare benefits consulting services.In response to council members,
Director of Human Resources Steven Viera stated that the purpose of this item
is to hire a benefits consultant that will provide a robust service level to
address the City's needs related to insurance and benefits.The consultant will
assist with the bidding process,request for proposals(RFP),build benefits
programs that are sustainable and sufficient;and provide actuarial services.
The consultant was selected through an RFP process and will provide
assistance and develop initiative programs to lower costs.There were no
comments from the public.
Council Member Hunter announced that he was abstaining from this item.
Council Member Lindsey-Opel made a motion to approve the motion;
seconded by Council Member Garza. This Motion was passed and approved
with the following vote:
Aye: 8- Mayor McComb,Council Member Garza,Council Member Guajardo,
Council Member Lindsey-Opel,Council Member Molina,Council Member
Rubio, Council Member Smith and Council Member Vaughn
Abstained: 1 - Council Member Hunter
Enactment No:M2017-133
Approval of the Consent Agenda
Mayor McComb referred to Consent Agenda Items 9 and 10.Council Member
Garza made a motion to approve the consent agenda,seconded by Council
Member Rubio.The consent agenda items were passed and approved by one
vote as follows:
Aye: 9- Mayor McComb, Council Member Garza, Council Member Guajardo,
Council Member Hunter,Council Member Lindsey-Opel,Council Member
Molina, Council Member Rubio,Council Member Smith and Council
Member Vaughn
Abstained: 0
9. Supply Agreement for Cement Stabilizing Sand
Motion authorizing City Manager, or designee, to execute a supply
agreement with Aaron Concrete Contractors, of Aransas Pass, Texas for
the supply of cement stabilizing sand in response to Request for Bid No.
1152 based on the lowest responsive, responsible bid for a total amount
not to exceed$297,828.94, with an estimated expenditure of$24,819.08
in FY2016-2017. The term of the agreement is for one year with an
option to extend for up to two additional one year periods, subject to the
sole discretion of the City.
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This Motion was passed on the consent agenda.
Enactment No:M2017-138
10. Supply Agreement for Sodium Hypochlorite for Water and
Wastewater Plants
Motion authorizing City Manager, or designee, to execute a supply
agreement with Brenntag Southwest, Inc., of Longview, Texas for the
purchase of Sodium Hypochlorite ("chemical") in response to Request for
Bid No. 1149 based on the lowest responsive, responsible bid for a total
amount not to exceed $1,498,465.05, with an estimated expenditure of
$124,872.09 in FY2016-2017 and funded by the Utilities Fund. The term
of the agreement is for one year with an option to extend for up to two
additional one-year periods, subject to the sole discretion of the City.
This Motion was passed on the consent agenda.
•
Enactment No:M2017-139
5. Purchase and Installation of Playground Equipment for Captain
Falcon Park(4712 Oso Parkway) and Crestmont Park(3521
Cresthill Drive)
Motion approving the purchase and installation of playground equipment
at Captain Falcon Park from Park Place Recreation Designs, Inc., of San
Antonio, Texas for$52,152.65, and the purchase and supervision of
installation of playground equipment at Crestmont Park from Exerplay,
Inc., of Cedar Crest New Mexico for$61,059.75, for a total not to exceed
of$113,212.40 based on the cooperative purchasing agreement with the
Local Government Purchasing Cooperative dba BuyBoard.
Mayor McComb referred to Item 5,the purchase and installation of playground
equipment for Captain Falcon and Crestmont Parks.In response to a council
member,Director of Parks and Recreation Jay Ellington stated that the work
for Crestmont Park is on schedule and expected to be completed within 60 to
90 days.There were no comments from the public.
Council Member Rubio made a motion to approve the Motion,seconded by
Council Member Guajardo. This Motion was passed and approved with the
following vote:
Aye: 9- Mayor McComb,Council Member Garza,Council Member Guajardo,
Council Member Hunter,Council Member Lindsey-Opel,Council Member
Molina,Council Member Rubio,Council Member Smith and Council
Member Vaughn
Abstained: 0
Enactment No:M2017-134
6. Construction Contract for the Aquatic Facility Upgrades and
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Improvements -West Guth Pool Project
Motion authorizing the City Manager, or designee, to execute a
construction contract with Progressive Commercial Aquatics, Inc. of
Houston, Texas in the amount of$1,512,189 for the Aquatic Facility
Upgrades and Improvements-West Guth Pool project for the base bid
plus additive alternates 1, 2 and 3. (Bond 2012 Proposition 4)
Mayor McComb referred to Item 6,execution of a construction contract for
Aquatic Facility Upgrades and Improvements-West Guth Pool project Director
of Parks and Recreation Jay Ellington,Executive Director of Public Works
Valerie Gray and council members discussed the following topics:whether a
company specializing in pools provided a bid for the improvements and
maintenance;the project scope;responsibility for pool maintenance;the
improvements to the pavilion;the total funding for Bond 2012,Proposition 4;
the amount of funding spent on Collier Pool;the length of time West Guth Pool
will be closed for improvements;and the estimated date of completion.There
were no comments from the public.
Council Member Vaughn made a motion to approve the motion,seconded by
Council Member Lindsey-Opel. This Motion was passed and approved with the
following vote:
Aye: 9- Mayor McComb, Council Member Garza,Council Member Guajardo,
Council Member Hunter,Council Member Lindsey-Opel,Council Member
Molina, Council Member Rubio,Council Member Smith and Council
Member Vaughn
Abstained: 0
Enactment No: M2017-135
7. Professional Services Contract for the Bridge Rehabilitation
Project(Capital Improvement Program)
Motion authorizing the City Manager, or designee, to execute a
professional services contract with LJA Engineering, Inc., of Corpus
Christi, Texas in the amount of$114,950 for the Bridge Rehabilitation
project. (Capital Improvement Program) (CIP) The term of this
agreement is for one year with option to extend for two additional
one-year periods subject to the sole discretion of the City based on
sufficient funding and successful performance by the engineering firm.
Mayor McComb referred to Item 7,execution of a professional service contract
for the Bridge Rehabilitation Project In response to a council member,
Director of Engineering Services Jeff Edmonds stated that the budget of
$114,950 will cover the cost of the project scope and the language authorizing
the City Manager to administratively exercise the two-additional one-year
options only being necessary to extend the period of performance.Mr.
Edmonds said no additional funding is being authorized.
Council Member Smith made a motion to approve the motion,seconded by
Council Member Lindsey-Opel. This Motion was passed and approved with the
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following vote:
Aye: 9- Mayor McComb,Council Member Garza, Council Member Guajardo,
Council Member Hunter,Council Member Lindsey-Opel,Council Member
Molina,Council Member Rubio, Council Member Smith and Council
Member Vaughn
Abstained: 0
Enactment No:M2017-136
8. Supply Agreement for Concrete
Motion authorizing City Manager, or designee, to execute a supply
agreement with Custom-Crete, LLC, of Euless, Texas for the purchase of
concrete in response to Request for Bid No. 958 based on the lowest
responsive, responsible bid for a total amount not to.exceed $105,700.00
with an estimated expenditure of$8,808.33 in FY2016-2017 and funded
by the Storm Water Fund. The term of the agreement is for one year with
an option to extend for up to two additional one-year periods, subject to
the sole discretion of the City.
Mayor McComb referred to Item 8,a supply agreement for concrete.Director of
Street Operations Andy Leal,Assistant Director of Financial Services Kim
Baker and council members discussed the following topics:the cost per yard
for concrete;the current cost per yard to the public;the delivery charge of
$50.00;whether the City receives discounts for larger supplies of concrete;the
competitive bidding process;only having one contractor participate in the
bidding process;the ability to contact other suppliers;notification to bidders;
the fluctuating cost of concrete;whether staff is experiencing difficulties with
companies applying to supply concrete to Corpus Christi;and requesting that
staff come back with ways to increase suppliers participation in procurements.
There were no comments from the public.
Council Member Rubio made a motion to approve the motion,seconded by
Council Member Molina. This Motion was passed and approved with the
following vote:
Aye: 9- Mayor McComb,Council Member Garza,Council Member Guajardo,
Council Member Hunter, Council Member Lindsey-Opel,Council Member
Molina, Council Member Rubio, Council Member Smith and Council
Member Vaughn
Abstained: 0
Enactment No:M2017-137
M. PUBLIC HEARINGS: (ITEMS 11 -12)
11. Public Hearing and First Reading Ordinance-Rezoning property
located at 325 North Staples Street
Case No. 0717-04 J R Electric Company: Achange of zoning from the
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"IL" Light Industrial District to"Cl" Intensive Commercial District. The
property is described as Bluff, Block B, Lot 6, located at the intersection
of North Staples Street and Comanche Street on the southwest corner,
south of Lipan Street, and north of Caldwell Street.
Planning Commission and Staff Recommendation (August 9, 2017):
Approval of the change of zoning from the"IL" Light Industrial District to
the"Cl" Intensive Commercial District.
Ordinance:
Ordinance amending the Unified Development Code ("UDC"), upon
application by J R Electric Company ("Owner"), by changing the UDC
Zoning Map in reference to the property described as Bluff, Block B, Lot
6, from the"IL" Light Industrial District to"Cl" Intensive Commercial
District; amending the Comprehensive Plan to account for any deviations;
and providing for a repealer clause and publication..
Mayor McComb referred to Item 11.Interim Director of Development Services
Bill Green stated that the purpose of this item is to rezone the subject property
to allow for the enclosure of a 1,848 square foot non-conforming accessory
structure built within the property's rear setback.Mr.Green presented the
following information:an aerial view of subject property;the zoning pattern;
and the Unified Development Code(UDC)requirements.Mr.Green stated that
the Planning Commission and staff are in favor of the zoning change.
Council members and staff discussed the following topics:the zoning violations
on the subject property;whether approval of the zoning change will resolve
the violations;when the structure was built;and questions related to
attendance of Planning Commission members.
Mayor McComb opened the public hearing.Luciano Leal,Jr.,applicant,stated
that he was not previously aware the structure was not in compliance and
requested approval of the rezoning.Mayor McComb closed the public hearing.
Council Member Garza made a motion to approve the ordinance,seconded by
Council Member Rubio. This Ordinance was passed first reading and approved
with the following vote:
Aye: 9- Mayor McComb,Council Member Garza,Council Member Guajardo,
Council Member Hunter, Council Member Lindsey-Opel, Council Member
Molina,Council Member Rubio,Council Member Smith and Council
Member Vaughn
Abstained: 0
12. Public Hearing and First Reading Ordinance-Adopting the 2017
National Electrical Code
Ordinance amending Corpus Christi Code of Ordinance, Chapter 14,.
Sections 14-201 &14-241 to adopt the National Electrical Code, 2017
Edition, with local amendments, amending sections 14-1306,14-1316,
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14-1311, & 14-1313 to remove electrician licensing, registration, and
special fee and clarifying building permit fees; providing for penalties,
severance, effective date and publication.
Mayor McComb referred to Item 12.Interim Director of Development Services
Bill Green stated that the purpose of this item is to amend the City's Code of
Ordinances to align with Texas state laws including adoption of the 2017
National Electric Code per the Texas Department of Licensing and Regulation
and an amendment of the Texas Occupations Code,by recent passage of HB
3329,which eliminates collection of fees for local registration or electrical
permit fees from licensed electricians.The state law requirements went into
effect September 1,2017.Electrical registration and permit fees for stand-alone
work are currently being administratively waived until City Council approval of
the proposed ordinance.Mr.Green stated that staff advised the City's Electrical
Advisory Board of the proposed changes and conducted outreach and
educational training with local electricians.Building Official and Interim
Assistant Director of Development Services Gene DeLauro and Senior Assistant
City Attorney Buck Brice were present to respond to questions.
Council members and staff discussed the following topics:participation at the
educational training;the number of local electricians;additional
communication regarding the proposed amendments;and whether the
reduction of fees was included in the proposed budget. -
Mayor McComb opened the public hearing.There were no comments from the
public.Mayor McComb closed the public hearing.
Council Member Lindsey-Opel made a motion to approve the ordinance,
seconded by Council Member Garza. This Ordinance was passed on first
reading and approved with the following vote:
Aye: 9- Mayor McComb,Council Member Garza, Council Member Guajardo,
Council Member Hunter,Council Member Lindsey-Opel,Council Member
Molina,Council Member Rubio,Council Member Smith and Council
Member Vaughn
Abstained: 0
J. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON
THE AGENDA WILL BE HEARD AT APPROXIMATELY 12:00 P.M. 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 choose to speak during this
public comment period regarding an item on the agenda,you may do so.You will
not be allowed to speak again, however,when the Council is considering the
item. Citizen comments are limited to three minutes. If you have a petition or
other information pertaining to your subject, please present it to the City
Secretary.Any electronic media(e.g.CD, DVD, flash drive)that the Public would
like to use while they speak MUST be submitted a minimum of 24 hours prior to
the Meeting. Please contact the Public Communications department at
361-826-3211 to coordinate.
Mayor McComb deviated from the agenda and returned to comments from the
public.Gene Pasahow spoke regarding local doctors not taking Tri-Care and
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other insurances used by older individuals.
L. RECESS FOR LUNCH
Mayor McComb called for a recess at 1:30 p.m.Mayor McComb reconvened the
Council meeting at 2:04 p.m.
N. REGULAR AGENDA: (ITEMS 13 -16)
13. Resolution Amending City Council Policies
Resolution Amending City Council Policies-Service on More Than One
Board, Commission, Committee or Corporation.
Mayor McComb referred to Item 13.City Secretary Rebecca L.Huerta stated
that the purpose of this item is to amend the City Council Policies to allow the
City Council to appoint a person to serve as a director of both a Type A and
Type B Corporation,concurrently.There were no comments from the public.
Council members and staff discussed the following topics:consideration to
appoint two members of the City Council to the Type B Corporation;a legal
opinion on whether City Council is eligible to service on the Type B
Corporation;state law provisions allowing City Council members to serve on
the Type B Corporation;the benefits of having council members serve on the
Type B Board based on passed experiences with the Type A Board;the
approval process for expenditure of Type B funds;whether council members
have ever served on the Type A Corporation;whether the Type B Corporation
has been created;concern that council members on the Type B Corporation
would cause undue influence;options to eliminate the disconnection and
improve communications between the Type B Corporation and the City
Council;and work already performed by staff related to a Motion of Direction
at the August 22,2017 City Council meeting to advertise and bring back for
appointment two additional representatives to serve on the Type B
Corporation.
Mayor McComb made a motion to approve the resolution,seconded by Council
Member Guajardo. This resolution was passed and approved with the
following vote:
Aye: 9- Mayor McComb, Council Member Garza, Council Member Guajardo,
Council Member Hunter,Council Member Lindsey-Opel,Council Member
Molina,Council Member Rubio,Council Member Smith and Council
Member Vaughn
Abstained: 0
Enactment No:031242
MOTION TO RECONSIDER
Council Member Rubio made a motion to reconsider the Motion of Direction
approved by the City Council on August 22,2017 to advertise and bring back for
appointment two additional representatives to serve on the Type B
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Corporation,seconded by Council Member Vaughn.
The Motion to Reconsider failed with the following vote:Vaughn,Hunter,
Lindsey-Opel,Rubio and Smith,voting"Aye";Mayor McComb,Council
Members Garza,Guajardo,and Molina,voting"No".
14. Ordinance Adopting the Fiscal Year 2018 Property Tax Rate
Ordinance setting a property tax rate of$0.606264 per$100 valuation
which is effectively a 3.11% increase over the effective tax rate; and
declaring an emergency.
Mayor McComb referred to Item 14.Director of Financial Services Constance
Sanchez stated that the purpose of this item is to approve an ordinance setting
the property tax rate for FY2018 of$0.606264 per$100 valuation.Since this tax
rate is above the effective tax rate of$0.587958 per$100 valuation,the City is
required by the Property Tax Code to disclose the percentage of 3.11%in the
caption of the ordinance.The two required public hearings were held on
August 22,2017 and August 29,2017.There were no comments from the public.
Council members and staff discussed the following topics:clarification
regarding the difference between the 3.11%increase over the effective tax rate
and the total tax rate effectively being raised by 4.69%;the letter submitted by
Mayor McComb to Governor Greg Abbott requesting that the tax calendar
deadlines be extended due to Hurricane Harvey;the voter-approved charter
amendment to establish a dedicated fund to address residential street
reconstruction funded by a tax increase,and not to exceed two cents per one
hundred dollars assessed value per year.
MOTION OF DIRECTION
Mayor McComb made a motion directing the City Manager to prepare
documents necessary to provide for an increase of 2 cents,for a total tax rate
of$0.626264 per$100 valuation,dedicated to residental streets,seconded by
Council Member Rubio.
Discussion on the motion of direction included:concern that increasing the tax
rate two cents would subject the tax rate to a referendum;an explanation of
the referendum process;state legislative restrictions;the amount set aside in
the FY2017-2018 proposed budget for residential streets;the need to have
quality residential streets;the amount of revenue generated by increasing the
tax rate by two cents;the revenue generated by the street maintenance user
fee;and concern on how an increase on property taxes will affect
homeowners.
The Motion of Direction was passed and approved with the following vote:
Mayor McComb,Council Members Garza,Lindsey-Opel,Molina,Rubio,and
Smith,voting"Aye";Council Members Vaughn,Guajardo,and Hunter,voting
"No".
City Manager Rose stated that,based on the Motion of Direction,staff will
advertise in the newspaper on Friday,September 15,2017 and two public
hearings will need to be held on Friday,September 22,2017 and Monday,
September 25,2017,with final action by the City Council on Thursday,
September 28,2017.
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15. Construction Contract for O.N. Stevens Water Treatment Plant
Intermediate Sludge Removal Phase 1 FY 2018 (Capital
Improvement Program)
Motion authorizing the City Manager, or designee, to execute a
construction contract with American Process Group, Inc., of Tacoma,
Washington in the amount of$3,750,000 for the O.N. Stevens Water
Treatment Plant(ONSWTP) Intermediate Sludge Removal Phase 1 FY
2018 for Base Bid Part A plus Additive Alternate No. 1. (Capital
Improvement Program) (CIP)
Mayor McComb referred to Item 15.Director of Engineering Services Jeff
Edmonds stated that the purpose of this item is to execute a construction
contract with American Process Group,Inc.for the O.N.Stevens Water
Treatment Plant Intermediate Sludge Removal Phase 1 FY2018 for Base Bid
Part A plus Additive Alternate No.1.Mr.Edmonds provided a brief overview of
the project background and timeline.There were no comments from the
public.
Council members and staff discussed the following topics:the evaluation of
street impacts with track hauling and whether the transportation adjustment
factor will be included in future bid evaluations;approval of the the base bid
allowing for an interim solution on sludge removal for an estimated six years;
working toward a permanent solution to address sludge removal;staff's
recommendation to approve the base bid and increase tonnage;the impact on
ratepayers of increasing tonnage up to the budgeted amount;and
consideration to amend the motion to the bid value.
Council Member Smith made a motion to amend the motion for the Base Bid
Part A plus Additive Alternate No.in the amount of$2,640,640.12,seconded by
Council Member Guajardo and passed unanimously.
Council Member Lindsey-Opel made a motion to approve the motion as
amended,seconded by Council Member Smith. This Motion was passed and
approved as amended with the following vote:
Aye: 9- Mayor McComb,Council Member Garza, Council Member Guajardo,
Council Member Hunter,Council Member Lindsey-Opel,Council Member
Molina,Council Member Rubio,Council Member Smith and Council
Member Vaughn
Abstained: 0
Enactment No:M2017-142
16. Second Reading Ordinance-Adjusting Water and Wastewater
Utility Rates (1st Reading 8/15/17)
Ordinance amending the Code of Ordinances, City of Corpus Christi,
Chapter 55, Utilities, regarding water and wastewater rates; providing for
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publication and effective date of January 1, 2018.
Mayor McComb refered to Item 16,water and wastewater utility rates.City
Manager Margie C.Rose stated that this second reading of this item was pulled
from the City Council Agenda on August 22,2017 to allow staff the opportunity
to re-evaluate the rate model.As a result,a revised ordinance is being
presented to City Council with a lower water rate.
Assistant Director of Support Services for Water Utilities Reba George stated
that the purpose of this item is to amend the City's Code of Ordinances with
revisions adjusting the water and watewater utility rates,with an effective date
of January 1,2018.Ms.George presented the following information:the
revised rate review schedule;the proposed water rate summary;and a sample
bill of the current and revised water rates.There are no revisions to the
wastewater rates.
Council members and staff discussed the following topics:whether the revised
•
rates cover operating costs;clarification on the sample water rates;aligning
usage to rates;concern with increasing rates;capital improvement projects
associated with the water boil and the obligations made to the public to ensure
water quality;and cash funding versus aquiring debt for capital improvements.
Council Member Garza made a motion to amend the utility rate ordinance,
prior to the second reading,by reducing rates as stated in the document titled,
"Utility Rate Ordinance August 29,2017",seconded by Council Member Molina.
This Motion to amend was passed and approved with the following vote:Mayor
McComb,Council Members Garza,Lindsey-Opel,Molina,and Smith,voting
"Aye";Council Members Vaughn,Guajardo,Hunter,and Rubio,voting"No".
Council Member Garza made a motion to approve the ordinance as amended,
seconded by Council Member Molina. This Ordinance was passed on second
reading and approved as amended with the following vote:
Aye: 5- Mayor McComb,Council Member Garza,Council Member Lindsey-Opel,
Council Member Molina and Council Member Smith
Nay: 4- Council Member Guajardo, Council Member Hunter,Council Member Rubio
and Council Member Vaughn
Abstained: 0
Enactment No:031244
O. RECESS TO CORPORATION MEETING: (ITEM 17)
Mayor McComb recessed the regular Council meeting to hold the Annual
Board of Directors Meeting of the Corpus Christi Community Improvement
Corporation.
17. Annual Board of Directors Meeting of the Corpus Christi Community
Improvement Corporation (CCCIC)
This Corporation Meeting was held.
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P. RECONVENE CITY COUNCIL MEETING:
Mayor McComb reconvened the regular Council meeting.
REGULAR AGENDA: (ITEM 14)
14. Ordinance Adopting the Fiscal Year 2018 Property Tax Rate
Ordinance setting a property tax rate of$0.606264 per$100 valuation
which is effectively a 3.11% increase over the effective tax rate; and
declaring an emergency.
Mayor McComb deviated from the agenda and returned to Item 14,adoption of
the FY2018 Property Tax Rate.City Manager Margie C.Rose received
confirmation from the City Council to publish in the Caller Times on Friday,
September 15,2017 that the City Council will hold two public hearings on
• Friday,September 22,2017 at 11:30 a.m.and Monday,September 25,2017 at
11:30 a.m.,with adoption of the property tax rate on Thursday,September 28,
2017 at 4:00 p.m.
Q. FIRST READING ORDINANCES: (ITEMS 18 -19)
18. First Reading Ordinance-Approving the Fiscal Year 2017-2018
Capital Budget and Capital Improvement Planning Guide
Ordinance approving the Fiscal Year 2017 -2018 Capital Budget and
Capital Improvement Planning Guide in the amount of$142,224,600.
Mayor McComb referred to Item 18.Assistant City Manager Mark Van Vleck
stated that the purpose of this item is to approve the FY2017-2018 Capital
Budget and Capital Improvement Planning(CIP)Guide in the amount of
$142,224,600.There were no comments from the public.
Council members and staff discussed the following topics:the need to address
improvements to City Hall including fencing and lighting;the ability to include
City Hall improvements in the CIP;issues associated with fencing at City Hall;
and the need to find a funding source.
Council Member Rubio made a motion to approve the ordinance,seconded by
Council Member Lindsey-Opel. This Ordinance was passed on first reading
and approved with the following vote:
Aye: 9- Mayor McComb, Council Member Garza,Council Member Guajardo,
Council Member Hunter,Council Member Lindsey-Opel,Council Member
Molina,Council Member Rubio,Council Member Smith and Council
Member Vaughn
Abstained: 0
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19. First Reading Ordinance-Accepting and appropriating funds for
the 2018 Comprehensive Selective Traffic Enforcement Project
(STEP)within the Police Department
Ordinance authorizing the City Manager or designee to execute all
documents necessary to accept a grant from the Texas Department of
Transportation (TXDOT) in the amount of$155,000.09 for the 2018
Comprehensive Selective Traffic Enforcement Project(STEP)within the
Police Department, for Driving While Intoxicated (DWI), speed
enforcement, and distracted driving overtime, with a city match of
$47,166.67, for a total project cost of$202,166.76 and appropriating
$155,000.09 in the No. 1061 Police Grants Fund.
Mayor McComb referred to Item 19.Police Chief Mike Markle stated that the
purpose of this item is to accept and appropriate a grant from the Texas
Department of Transportation in the amount of$155,000.09 for the 2018
Comprehensive Selective Traffic Enforcement Project(STEP)within the Police
Department to provide for overtime funding for DWI,speed enforcement,and
distracted driving.There were no comments from the public.
A council member asked questions regarding distracted driving enforcement
efforts.
Council Member Lindsey-Opel made a motion to approve the Ordinance,
seconded by Council Member Vaughn. This Ordinance was passed on first
reading and approved with the following vote:
Aye: 9- Mayor McComb,Council Member Garza, Council Member Guajardo,
Council Member Hunter,Council Member Lindsey-Opel,Council Member
Molina,Council Member Rubio, Council Member Smith and Council
Member.Vaughn
Abstained: 0
R. FUTURE AGENDA ITEMS: (ITEMS 20 -26)
•
Mayor McComb referred to Future Agenda Items.City Manager Margie C.Rose
stated that staff had a planned presentation on Item 21.A council member
requested information on Item 22.
20. Service Agreement for Tire Repair and Replacement Services for
the Corpus Christi Fire Department
Motion authorizing City Manager, or designee, to execute an agreement
with Beasley Tire Services, Inc. of Houston, Texas for the repair and
replacement services of tires for the Corpus Christi Fire Department in
response to Request for Bid No. 978 based on the lowest responsive,
responsible bid fora total amount not to exceed $116,510.00, and
budgeted in FY2017-18. The term'of the agreement is for one year with
an option to extend for up to two additional one-year periods, subject to
the sole discretion of the City.
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This Motion was recommended to the consent agenda.
21. Professional Services Contract for Tourist Area Amenities -
Wayfinding Initiative Project
Motion authorizing the City Manager or designee to execute a
professional services contract with Freese and Nichols, Inc. of Corpus
Christi, Texas in the amount of$251,860 for the Tourist Area Amenities-
Wayfinding Initiative project.
This Motion was recommended to regular agenda.
22. Resolution to Execute an Advance Funding Agreement(AFA)for
the Sports, Entertainment, and Arts (SEA) District Pedestrian
Improvements project(Bond 2012, Proposition 8)
Resolution authorizing the City Manager, or designee, to execute an •
Advance Funding Agreement(AFA)with the Texas Department of
Transportation (TxDOT) for the Sports, Entertainment, and Arts (SEA)
District Pedestrian Improvements project with City's required payment to
TxDOT in the amount of$21,000 for reimbursement of direct state costs.
(Bond 2012, Proposition 8)
This Resolution was recommended to consent agenda.
23. Construction Contract for Citywide Collection System Pipe
Bursting Indefinite Delivery/Indefinite Quantity (IDIQ) Part C
(Capital Improvement Program)
Motion authorizing the City Manager, or designee, to execute a multi-year
ID/IQ construction contract with PM Construction & Rehab, LLC dba IPR
South Central, LLC, of Pasadena, Texas in the amount of$2,000,000 for
Citywide Collection System Pipe Bursting ID/IQ Part C. This is a one (1)
year base contract with four(4) optional one (1) year renewals to be
approved administratively subject to availability of funding and
satisfactory contractor performance. (Capital Improvement Program)
(CIP)
This Motion was recommended to the consent agenda.
24. Service Agreement for Preventative and Emergency Maintenance
for Various Lift Stations for Wastewater
Motion authorizing City Manager, or designee, to execute a service
agreement with ADK Environmental, Inc., of Odem, Texas for
preventative and emergency maintenance for various lift stations for
Wastewater Division in response to Request for Bid No. 1247 based on
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the lowest responsive, responsible bid for a total amount not to exceed
$158,362.50, and budgeted in FY2017-18. The term of the agreement is
for one year with an option to extend for up to two additional one-year
periods, subject to the sole discretion of the City.
This Motion was recommended to the consent agenda.
25. Annual Joint Funding Agreement for Water Resources
Investigation with the United States Geological Survey (USGS)
Motion authorizing the City Manager or designee to renew an annual
Joint Funding Agreement for Water Resources Investigation with the
United States Geological Survey(USGS), U.S. Department of the Interior,
for automated river gauging stations to gather and maintain accurate
records of stream flows for rivers associated with the City's reservoirs,
with the City's cost to be$157,060. This Contract runs from October 1,
• 2017 to September 30, 2018.
This Motion was recommended to the consent agenda.
26. Approving funds subject to reimbursement for services provided
by Texas A&M Health Science Center(Coastal Bend Health
Education Center) [CBHEC] utilizing Diabetes Care Team for the
Corpus Christi-Nueces County Public Health District(CCNCPHD)
Motion approving up to but not to exceed $250,000.00 to pay for services
provided by Texas A&M Health Science Center(Coastal Bend Health
Education Center) [CBHEC] utilizing Diabetes Care Team for the Corpus
Christi-Nueces County Public Health District(CCNCPHD) for the City
contract period that ended May 2, 2017 and invoices between the City
contract and the County contract that begins in August 1, 2017. Nueces
County to reimburse full amount of paid funds per interlocal agreement.
This Motion was recommended to the consent agenda.
S. FUTURE CORPORATION MEETING: (ITEM 27)
27. Annual Board Meeting of the Corpus Christi Housing Finance
Corporation
This Corporation Meeting was recommended to be held.
T. BRIEFINGS: (ITEM 28)
28. Discussion regarding Appointments to the Charter Review Ad Hoc
Committee
Mayor McComb referred to Item 28.City Secretary Rebecca L.Huerta stated
that the purpose of this item is to provide a briefing on the appointment of a
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Charter Review Ad Hoc Committee.City Secretary Huerta provided a overview
of the key topics discussed at the March 28,2017 City Council meeting.Staff
initially informed the City Council that the first available election date to
amend the City Charter was November 5,2019.The Texas Secretary of State's
Office has clarified that the election can be held on any uniform election date
in 2019.There was a discussion regarding a target election date,including the
pros and cons,but no clear consensus to hold an election in November 2019 or
November 2020.The City Council decided on a comprehensive review of the
Charter.The Council discussed creating a Charter Review Committee
comprised of citizens with in-house legal support.The Council discussed
simplifying the language in the City Charter to make it easier to understand.
The appointment process discussed included:individual council members
would make nominations which would be subject to confirmation by the City
Council;the City Council would appoint the Chairperson;and that the Council
was to revisit the issue after the May 2017 Special Mayoral Election;and
Council Member Rubio having made a motion at the July 11,2017 City Council
meeting to add a future agenda item regarding the appointment of the Charter
Review Commission to a future agenda.
City Secretary Huerta stated that prior to the creation of a committee,staff will
need direction from the Council regarding the target election date and
clarification on the definition of"comprehensive"in order to create a timeline.
City Secretary Huerta provided information on the timeline of previous Charter
Review Committees;delays in the review process related to City Council terms;
and costs and turnout related to elections.
Council Member Rubio thanked City Secretary Huerta for the information and
stated that she did not support a Special Election for a Charter review.Council
Member Rubio stated that the comprehensive review should include a
complete review of the charter,from beginning to end,to simplify and address
loopholes in the language.Council Member Rubio expressed support for
creating a committee after City Council elections in 2018,to be comprised of
citizens,with in-house legal support.
REGULAR AGENDA: (ITEM 14)
14. Ordinance Adopting the Fiscal Year 2018 Property Tax Rate
Ordinance setting a property tax rate of$0.606264 per$100 valuation
which is effectively a 3.11% increase over the effective tax rate; and
declaring an emergency.
Mayor McComb deviated from the agenda and returned to Item 14,adoption of
the FY2018 Property Tax Rate.
Mayor McComb made a motion setting September 28,2017 as the date of the
adoption of the ad valorem tax rate of$0.626264 per$100 valuation,seconded
by Council Member Garza.This Motion was passed and approved with the
following vote:
Aye:6-Mayor McComb,Council Member Garza,Council Member
Lindsey-Opel,Council Member Molina,Council Member Rubio,and Council
Member Smith
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Nay:3-Council Member Guajardo,Council Member Hunter,and Council
Member Vaughn
Enactment No.:M2017-140
Mayor McComb made a motion to consider a tax increase and to set a public
hearing on the ad valorem tax rate for September 22,2017 and a second
public hearing for September 25,2017 during Special City Council meetings
beginning at 11:30 a.m.in the Council Chambers at City Hall,1201 Leopard
Street,Corpus Christi,Texas,seconded by Council Member Garza.This Motion
was passed and approved with the following vote:
Aye:6-Mayor McComb,Council Member Garza,Council Member
Lindsey-Opel,Council Member Molina,Council Member Rubio,and Council
Member Smith
Nay:2-Council Member Guajardo.and Council Member Hunter
Absent:1 -Council Member Vaughn
Enactment No:M2017-141
U. EXECUTIVE SESSION: (ITEMS 29-31)
Mayor McComb referred to the day's executive sessions.The Council went into
executive session at 5:36 p.m.The Council returned from executive session at
7:40 p.m.
29. Executive Session pursuant to Texas Government Code§551.071
and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to
consult with attorneys concerning legal issues related to water supplies
for industrial and other development, existing or potential agreements
with water districts and other governmental entities involving the sale or
purchase of water, wastewater, water rights or other utility services,
potential economic development agreement(s)with business prospects
that are considering the construction, expansion, and/or ownership of
industrial facilities that will be consumers of water and/or wastewater
services, potential creation of entities that could provide or assist in the
provision of the aforementioned services, desalination, water reuse, and
state regulations related to the aforementioned topics, and pursuant to
Texas Government Code§551.087 to discuss confidential
commercial or financial information pertaining to the aforesaid business
prospect(s) that the City seeks to have locate, stay or expand in or near
the territory of the City and with which the City may conduct economic
development negotiations and/or deliberate possible economic
development issues concerning said business prospect(s), including, but
not limited to, the provision of water to said business prospect(s) and the
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management, sale, or acquisition of rights to water for said business
prospect(s).
This E-Session Item was discussed in executive session.
30. Executive Session pursuant to Texas Government Code§ 551.071
and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to
consult with attorneys concerning claims and potential litigation related to
the contract for the construction of the Mary Rhodes Pipeline Phase 2 -
Pump Station/Sedimentation Basin and potential authorization of
professional services agreement(s)with expert(s) for analysis of
aforementioned claims.
Mayor McComb referred to Item 30 and the following motion was considered:
Motion to authorize the execution of Amendment No.1 to a Professional
Services Agreement for consulting engineering claims analysis and other
expert services for anticipated litigation in the Mary Rhodes Pipeline Phase 2,
Pump Station/Sedimentation Basin,Project No.E10008 in an additional •
amount not to exceed$90,000 with the consulting/engineering/expert firm of
Spire Consulting Group,LLC and authorize carry-over of unexpended funds
into the following fiscal years.
Council Member Lindsey-Opel made a motion to approve the motion,
seconded by Council Member Garza. This Motion was passed and approved
with the following vote:
Aye: 9- Mayor McComb,Council Member Garza,Council Member Guajardo,
Council Member Hunter,Council Member Lindsey-Opel,Council Member
Molina,Council Member Rubio,Council Member Smith and Council
Member Vaughn
Abstained: 0
Enactment No:M2017-143
31. Executive session pursuant to Texas Government Code§551.074
(Personnel Matters) to deliberate the appointment, employment,
evaluation, reassignment, duties, discipline, or dismissal of the City
Manager.
This E-Session Item was discussed in executive session.
REGULAR AGENDA: (ITEM 14)
14. Ordinance Adopting the Fiscal Year 2018 Property Tax Rate
Ordinance setting a property tax rate of$0.606264 per$100 valuation
which is effectively a 3.11% increase over the effective tax rate; and
declaring an emergency.
Mayor McComb deviated from the agenda and returned to Item 14,adoption of
the FY2018 Property Tax Rate.Mayor McComb stated that he submitted a letter
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to Governor Abbott requesting an extension of the deadlines for adopting the
tax rate.There is a provision in the statute for posting a proposed tax rate by
September 1st.Mayor McComb explained that the City will proceed with the
approved calendar to increase the tax rate to$.626264 per$100 valuation.
Mayor-McComb stated that should the Governor not approve the request for
extension,it is recommended that the City Council adopt the existing tax rate
for the record.
Mayor McComb made a motion to approve the Ordinance setting a property
tax rate of$0.606264 per$100 valuation,which is effectively a 3.11%increase
over the effective tax rate;and declaring an emergency,seconded by Council
Member Garza.This Ordinance failed with the following vote:
Aye:5-Mayor McComb,Council Member Garza,Council Member
Lindsey-Opel,Council Member Molina,and Council Member Smith
Nay:4-Council Member Guajardo,Council Member Hunter,Council Member
Rubio and Council Member Vaughn
MOTION TO RECONSIDER
Council Member Hunter made a motion to reconsider Item 14,seconded by
Council Member Rubio.This Motion to Reconsider passed with the following
vote:
Aye:6-Mayor McComb,Council Member Garza,Council Member
Lindsey-Opel,Council Member Molina,Council Member Rubio and Council
Member Smith
Nay:3-Council Member Guajardo,Council Member Hunter,and Council
Member Vaughn
Mayor McComb made a motion to approve the Ordinance setting a property
tax rate of$0.606264 per$100 valuation which is effectively a 3.11%increase
over the effective tax rate;and declaring an emergency,seconded by Council
Member Garza. This Ordinance was passed and approved on emergency with
the following vote:
Aye: 6- Mayor McComb,Council Member Garza,Council Member Lindsey-Opel,
Council Member Molina,Council Member Rubio and Council Member Smith
Nay: 3- Council Member Guajardo,Council Member Hunter and Council Member
Vaughn
Abstained: 0
Enactment No:031243
V. IDENTIFY COUNCIL FUTURE AGENDA ITEMS
Mayor McComb referred to Identify Council Future Agenda Items.Council
Member Vaughn made a motion to bring back a future discussion related to
funding for Old Bayview Cemetery,seconded by Council Member Hunter.The
Motion was approved by consent of the City Council.
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W. ADJOURNMENT
The meeting was adjourned at 7:56 p.m.
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