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Home My WebLink About026091 ORD - 12/21/2004 Page 1 of 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY EDUCATIONAL DEVELOPMENT COMPANY, CHARLES FRAZIER, BY CHANGING THE ZONING MAP IN REFERENCE TO 29.07 ACRES OUT OF FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, SECTION 28, LOTS 4-6, AND JOSLIN TRACT BLOCK A, LOT 11, FROM "R-1B" ONE-FAMILY DWELLING DISTRICT AND "T- 18" MANUFACTURED HOME PARK DISTRICT TO "8-4" GENERAL BUSINESS DISTRICT; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING 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 Educational Development Company, Charles Frazier for amendment to the City of Corpus Christi Zoning Ordinance and Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, November 3, 2004, during a meeting of the Planning Commission, and on Tuesday, December 21,2004, 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 changing the zoning on 29.07 acres out of Flour Bluff and Encinal Farm and Garden Tracts, Section 28, Lots 4-6, and Joslin Tract Block A, lot 11, located north of South Padre Island Drive, west of Ennis Joslin Road, and south of McArdle Road, from "R-1 B" One-Family Dwelling District and "T-1 B" Manufactured Home Park District to "B-4" General Business District, as shown on the attached Exhibit. (039034) 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, 1937, 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. H:\LEG-DIR\Joseph\Zoning-04\ 11 04-04Regular.doc tl2R09t Page 2 of 3 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 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 upon first reading as an emergency measure on this 21st day of December, 2004. ATTEST' Arman~ City Secretary APPROVED II" "'..(.~ 1(. 2004 ~ ' " /\ /L. (/1---" Joseph rney 0 Assistant City Attorney For City Attorney THE CITY OF CORPUS CHRISTI /~s_,~ ~ Samuel L. eal, Jr, Mayor, The City of Corpus Christi H:\LEG-DIR\Joseph\Zoning-04\1104-04Regular.doc Page 3 of 3 Corpus Chris' ;lJst 1 , day 01\ " h".(J,Lh, 2004 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, Respectfu lIy, 6(~.4ry Mayor, The City of Corpus Christi Council Members The above ordinance was passed by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Rex A. Kinnison (&~l UJ. a~~ (~~ Henry Garrett William Kelly Jesse Noyola Mark Scott H:\LEG-DIR\Joseph\Zoning-04\ 11 04-04Regular.doc tl~pn91 DEC-16-2004 11: 11 FROM:CITY OF CORPUS CHRIS 3618263560 Oct 19 04 IO:09a Bas~ L Welsh En~in~ . MU~RAY BASS. JR., P.E., R.P.L.S. NIXON M. We:L,.SH, P.E., R.P.L.S. TO: 98803239 361-882-1265 . P.3/7 p.2 BASS Be WELSH ENGINEERING 3054 S. ALA....EDA PH. 36t 882-5521 I"'~x 381 8SZ-12EiS E-MAIL: lnurr:lyjr@llol.com It-MAIL.: nixmw0~oJ.com P.O. Box 8397 CORP'US CHRISTI. TEXAS 78466-6397 OctoDer 19, 2004 97027M&B.doc B-4 Zoning Tract State of Texas ~ County of Nueces ~ Description of a 29.07 acre tracI of land, more or less, Deing a portions ofl.ots 4 _ 6, Section 28, Flour Bluff and Encinal Farm and Garden Tracts, a map which is recorded in Volume "A", Pages 41-43, Map Records, Nueces County, Texas and all 01 Lot n, Block "A", Joslin Tract, a map which is recorded in Volume 34, Page 142, said map records, said 29.07 acre tract 01 land as lurther described by metes and bounds as follows: BEGINNING at the-nor.tbernmost comer-of said Lot ] 1, Block ilA"~ Joslin Tract for the northernmost corner of the tract herein described; Thence S61 'ZS'23"E 164.46' along the common northeast boundary line 01 said Lot 11, Block "A", Joslin Tract and southwest right-of-way line of McArdle Road to a point lor the easternmost comer of said Lot 11, Block "A", Joslin Tract Dnd right-of..w.llY corner of said McArdle Road for interior northerly corner of the tract herein described; Thence along a southwest right-of-way line of McArdle Road N28"39'49"E 10.00' to a polm for northerly corner 01 the tracl herein described and righl-ol-way corner 01 said McArdle Road; Thence along a southwest right-of-way line 01 McArdle Road S61'21'25"E 150.09'to a point fOI northerly comer of the tract herein described; Thence along a southwest righl-of-way line of McArdle Road 561 '21'44"E 461,77' to the point of the intersection 01 said southwest right-of-way line 01 McArdle Road and the westerly right-ai-way line 01 Ennis Joslin Road for a northeasterly corner of the tract herein described; Thence along the westerly right-of-way line 01 Ennis Joslin Road SI6'25'] 5"E 453,76' to the poinl of curvature 01 a circular curve to the lell having a central angle of33'55'45" , a radius of817.09' and a chord bearing 533'25'26"E a distance 476.82'; Thence along a westerly right-of-way line of said Ennis Joslin Road, being along said circular CUlVe to the left, a distance of 483.86' to the point of tangency; Thence continuing along a westerly right-ol-way line of Ennis Joslin Road 550'21'57"E 276.25' to the point of curvature of a circular curve to the right having a central angle of 17'47'38", a radius of 459.92' and chord bearing S4]'30'05"E a distance of 142,26'; Exhibit 41A" Sheet 1 of 2 u~ \\1I0L\/ DEC-16-2004 11: 12 FROI'!: CITY OF CORPUS CHRIS 3618263560 Oct IS 04 10:0Sa Bass L Wel$h Entin~ . TO: 98803239 361-882-1265 . P,4/7 p.3 B-4 Zoning Tract, continued, October 19,2004; Thence along a westerly right-of-way line of Ennis Ioslin Road, being along said circular curve to the right, a distance of 142,83' to a point for the easternmost carner of the tract herein described; Thence S26000159"W 374.61' to a point in the northeast right-of-way line of South Padre Island Drive for the southernmost corner of the tract herein described; Thence along northeast right-of-way lines of said South Padre Island Drive as follows; N630S9'OI"W 288,82' N68039'16"W 351,90', and, N630S5'20"W 2]9.42' to a point for west central corner of the tract herein described; Thence N28034'37"E 300,69' to a point for central interior corner of the tract herein described; Thence N64003'44"W 920.] 7' to a point for a westerly corner of the tract herein described; Thence N28039'49"E 100.00' to a point for interior westerly corner of the tract herein described; Thence N61"20'01 "W 165,00' to a point for the westernmost corner of the tract herein described in the northwest boundary line of said Lot 11, Block "A" t Joslin Tract; Thence along the northwest boundary line of said Lot 11, Block "A", Ioslin Tract N28'39'49"E 719.26' to the POINT OF BEGINNING, a sketch showing said 29.07 acre tract being attacbed hereto as Exhibit "B" , NMW:lad ~f(he,s&it! Exhibit" AU Sheet 2 of 2 ~ 0:0 \\2 DEC-15-2004 11:13 FROI'I:CIT\' OF CORF'IJS CHRIS 3518253550 Uct IS 04 lU:OSa Bass & Welsh Entin, TO: 98803239 361-982-1265 p.' LOT II 8L.OCk -I>.- ..IOSUN nw:r VoU.rwc 3iJ, PACE 65, ".It . ~o: W.J'col[~~..26. P. 41 - 43. !LA. N 2"'3"4'- E 7Hue' :: p ~ ~ LOTJO~:JNe~.A.. N28"J!J'4gA( IOD.OO'~ --- LOT 11, BlOCl< -"'- JOSUN lAAa . ~ % !: t:i o ~ LOT " SECTION 28 ~ ~ It i ~ ~ ... ... ;; II ~ ! !;i a: 0 0 3 !11 w ;;. a: .,; ~ N i' ~ ~ 0 5 VI ~ .~ "'" ------ 'b ~ 1:> '\ '" 1'.25' IS. E .53. 76' ~ ,~ ':t N2e'J4'J7-r JOO.H' LOT5.SEC'TJON2Sf'B~f1'iltar: 'oULUME ."'&, PAGiS 41 - 103, ....It.' / / LOT 5, SECTION 28 ~...~~~~. T-24i.26' La433.er ce-s.>>"2:l'28"E CH-478..82' ----- LOT 6, SEeTlON 28. FB " tF' . Gr, or ENNIS JOSLIN ROAD " ~ li N '-174"3'- r:tiMll L-142.oIlJ' ce-s."'J(I'o~n: D1.142.ze'~ $ :woes'~. t e76. 2:5' i' c: il EXHIBIT 'B' SKETCH TO ACCOMPANY METES g, BOUNDS DESCR I PT ION S16'OQSG-W 374.6" I ;/ I' . aOO' ....ss .. wtLiH ENGINCElUHG CORPUS CHRISTI. T)( WHP, NO. CXB-ZDNtNG ..10' t.tI. 97027 SCALE' I" . 20(]' PlOT SCALE.t SANE PLOT DATE. 09/29/04 $HEEl i IF t P.5/7 '0~ 0-./ ~'D ;:tr;,\W;L [;EPMnr.t~1 PUBLISHER'S AFFIDAVIT 04 DEe -A AM 9: 07 State of Texas County of Nueces ss: CITY OF CORPUS CHRISTI Ad # 5069959 PO # Before me, the undersigned, a Notary Public, this day pcrsonally came Diana Hinojosa, who being first duly sworn, according to law, says that she is Credit Manager of the Corpus Christi Caller-Times, a daily newspaper published at Corpus Christi in said City and State, gencrally circulated in Aransas, Bee, Brooks, Duval, ,Jim Hogg, ,lim Wells, Karnes, Kenedy, Kleberg, Live Oak, Nueces, Refugio, San Patricio, Victoria and Webb Counties, and that the publication of, NOTICE OF PUBLIC HEARING TO 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, 2004. $287.25 bC'OfL{L ?ij Uu~-5~ SENIOR COLLECTOR TWO (2 ) Time(s) Subscribed and sworn to me on the date of DECEMBER 07, 2004. (::!?Uill:L'j })6t 2(( b --=J((>tc~ Notary Public, Nueces County, Texas ROSA MARIA FLORES Print or Typc Name of Notary Public My commission expires on 04/23/05. . .~ r.ALLEfu.TIMES. r62 HE FliNG TO CONSIDER ZONING APPUCATION(S) Of' THE CITY OF I CORPUS CHRISTI ' Notice is hereby ~iven in accordance with lhe law that the ClIy Council of the City of Corpus Christl. will conduct a public hearing on Tuesday, December 21, 2004, during a regular Council meeting which commences at 10:00 a.m. in the City Counolt Chambers, City Hall, 1201 Leap.rd, to contlder the ft>IIowIng zon/iI9 appllc...,n(.) ol which said l/IIlIIUcatIon(s) are on fIhi In tha Office 01 the CJty Secretary and the Department 01 PtaMlng. At said time and piece of hearing, all persons and parties Interested may appear I before the City Council. I The zoning application(s) to be considered at the I heering are as follows: 1, 1104-01, Jon Roe!: "R-1B" One-family Dwelling District to "R- 2" Multiple Dwelling District. Located at the 8QUthwest comer of HiQhtBnd Avenue and Hiolscus Street. 2. Cl104.02, City of Corpus Christi Landmark Commission Johann Collins: '8-5" Primary Business Olstrlct to "R-1B1HC- IV" One-family Dwemn~ District with H ietonea! -C u Itural Landmark Preservation _ Located on the southweSt oomero; Chaparral a_t and Palo Alto Straa.. 3, Cl104-03, W, Thomas utter: "1-2" Light Industrial Diatrlct to .'.21 HC-I" Ught Industrial District with HIstorical- Cultural Landmark Preservation - Located along the southwest corner of Morgan Avenue and Bright Street. 4. 1104.04, Educational Development Company and Char1es ~rasler: "R-1 S" One. family Dwelling District and "TIB" Manufactured Home Park District to "8-4" General Business District - Located north of South Padl'l I"'and Drive, west of Ennis Josttn Road and south 01 McArdle Rood, 5. 1104-05, Tim V_p:'Rl.S'QnO- family Dwelling 0_ to '1-2" Light I~ Distrtct - Located_9 the northwe8t cotnIf'of Greenwood OM and sas. a n Bouleval'd. Info '. ~.. be 00_ by "'01' I vIsiting the Department . of Development I Services, PlannIng Section at (361) B26. I 3560, 2406 Leopard Street. {sf Armando Ch4lP8 City Seeratlll'\' City of_COfPU,l'Chrl~ 7c I" '/"\ (' t\S.(, II eq -{(I ~~'I d C~(,C c\ I RESTRICTIVE COVENANT AGREEMENT t C f\r\hCD,.,~ \.;;'-,:;/--"1( fiO:~# 20050€- 7020 ..::t LI.AI f t f"/'f\j\1",- STATE OF TEXAS ~ ~ KNOW ALL MEN BY THESE PRESENTS: ~ COUNTY OF NUECES WHEREAS, THE JOSLIN PARTNERSHIP, LTD. (herein called "Joslin") is the owner of the following property in Corpus Christi, Nueces County, Texas, to wit: 14.799 acres described on EXHIBIT "A" hereto attached; WHEREAS, Joslin is also the owner of the lands adjacent the southerly and easterly sides of said property described on EXHIBIT "A" and desires to place a restrictive covenant on such adjacent lands owned by Joslin; NOW, THEREFORE, Joslin does hereby agree that for a term of fifty (50) years there shall not be constructed on the adjacent lands owned by Joslin located within two hundred (200) feet of the property described on EXHIBIT "A" any go-cart track or facility, nor any engine repair facility. The restriction is for the benefit of the property described on EXHIBIT "A" . The foregoing restrictions shall be covenants running with the adjacent land and shall be binding upon Joslin, its successors and assigns, and be enforceable by any person owning any portion of the said property described on EXHIBIT "A". If Joslin or its successors or assigns shall violate or attempt to violate any of the restrictions and covenants herein, it shall be lawful for any person owning any portion of the property described on EXHIBIT "A" to prosecute any proceedings at law or in equity against the person or persons violating or attempting to violate such covenants and either prevent such person from so doing by injunction, or to recover damages for violation. Dated the ~ 7-14 day of 12e_~ ,2005. THE JOSLIN PARTNERSHIP, L TD. By: WELLS FARGO BANK, NATIONAL ASSOCIATION, As Successor Independent Executor of the Estate of ENNIS S. JOSLIN, Deceased I ts Managing General Partner :k / L ? ...""- By: ~ .~ /ld<-.'C;::-:"- ' Name: Title: JOE NEWCOMB ~Iic. Pr8$ldltlrt & T,u~l Offilier Page 1 of 2 ST A TE OF TEXAS ~ ~ ~ COUNTY OF NUECES This j!!strument was acknowledged before me on the ZqfJ..... day of R.R..c-e-1Yl befl.. , 2005, by ...)oc. N<2.1.U e.C>It\ b , as V~t2i~, JpJ H n.u,t D f IC4A...I of WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association, on behalf of said association, said association acting as Successor Independent Executor of the Estate of ENNIS S. JOSLIN, Deceased, as Managing General Partner of and on behalf of THE JOSLIN PARTNERSHIP, LTD., a Texas Limited Partnership. 'LhrJ~01.j)4 t&~ Notary Public, State of Texas F\18\2005\L11,05\JOSLIN~rca-318~27doc Page 2 of 2 Oct 1 9 04 10: OSa Bass ~ Welsh Enging -- 361-882-1265 e p.2 ~;(Jt 3054 S. ALAMEDA PH. 361 882-5521 FAX361882-1265 E-MAIL: Jnllrrayjr@ao1.com E"MAIL: nixmw@aol.com MURRAY BASS, JR., P.E., R.P.L,5. NIXON M WELSH, P,E , R.P.L.S. BASS & WELSH ENGINEERING P.O. Box 6397 CORPUS CHRISTI, TEXAS 78466-6397 October 19, 2004 97027M&B.doc B-4 Zoning Tract State of Texas S County of Nueces S Description of a 29.07 acre tract of land, more or less, being a portions of Lots 4 - 6, Section 28, Flour Bluff and Encinal Farm and Garden Tracts, a map which is recorded in Volume "A", Pages 41-43, Map Records, Nueces County, Texas and all of Lot 11, Block "A", Joslin Tract, a map which is recorded in Volume 34, Page 142, said map records, said 29.07 acre tract of land as funher described by metes and bounds as follows: BEGINNING at the northernmost corner of said Lot 11, Block "A", Joslin Tract for the northernmost corner of the tract herein described; Thence S61025'23''E 164.46' along the common northeast boundary line of said Lot 11, Block "A", Joslin Tract and southwest right-of-way line of McArdle Road to a point for the easternmost corner of said Lot 11, Block "A", Joslin Tract and right-of-way corner of said McArdle Road for interior northerly corner of the tract herein described; Thence along a southwest right-of-way line of McArdle Road N28039'49"E 10.00' to a point for northerly corner of the tract herein described and right-of-way corner of said McArdle Road; Thence along a southwest right-of-way line of McArdle Road S61 021'25"E 150.09' to a point for northerly comer of the tract herein described; Thence along a southwest right-of-way line of McArdle Road S61 021 '44"E 461.77' to the point of the intersection of said southwest right-ai-way line of McArdle Road and the westerly right-of-way line of Ennis Joslin Road for a northeasterly corner of the tract herein described; Thence along the westerly right-of-way line of Ennis Joslin Road S16025'15"E 453.76' to the point of curvature of a circular curve to the left having a central angle of 33055'45", a radius of817.09' and a chord bearing S33"25'26"E a distance 476.82'; Thence along a westerly right-of-way line of said Ennis Joslin Road, being along said circular curve to the left, a distance of 483.86' to the point of tangency; Thence continuing along a westerly right-of-way line of Ennis Joslin Road S50021'57"E 276.25' to the point of curvature of a circular curve to the right having a central angle of 17047'38", a radius of 459.92' and chord bearing S41030'05"E a distance of 142.26'; Exhibit "A" Sheet 1 of 2 Oct )9 04 10:09a Bas~ ~ Welsh Enging e 361-882-1265 e p.3 8-4 Zoning Tract, continued, October 19, 2004; Thence along a westerly right-of-way line of Ennis Joslin Road, being along said circular curve to the right, a distance of 142.83' to a point for the easternmost corner of the tract herein described; Thence S26000'59"W 374.61' to a point in the northeast right-of-way line of South Padre Island Drive for the southernmost corner of the tract herein described; Thence along northeast right-of-way lines of said South Padre Island Drive as follows; t'63059'01"W 288,82' N68039'16"W 351.90', and, N63055'20"W 219.42' to a point for west central corner of the tract herein described; Thence I'\28034'37"E 300.69' to a point for central interior corner of the tract herein described; Thence N64003'44"W 920.1T to a point for a westerly corner ofthe tract herein described; Thence N28039'49"E 100.00' to a point for interior westerly corner of the tract herein described; Thence N61 020'01 "W 165.00' to a point for the westernmost corner of the tract herein described in the northwest boundary line of said Lot 11, Block "A", Joslin Tract; Thence along the northwest boundary line of said Lot 11, Block" A", Joslin Tract N28039'49"E 719.26' to the POINT OF BEGINNING, a sketch showing said 29.07 acre tract being attached hereto as Exhibit "B" . 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" I ~ ~~ la I.~ II a I ;l ~J Ii ~ 'I I IcS ~ ~ I I III . ~I i , ~~ 1. i :ll'il;1 ~~~I!I I, I!IIII =. ~ I, I I, 5 lei 1 ~ B :1 ~ ~g~! ~ Voc!! 2005867020 *' Paaes f, 12/29/2085 3:44P" Off!rial Records of MUnES COUNTY DIANA T. BARRERA COUNTY CLERK Fees 523.88 , '~: --.\', ~;r ' T ii i PUBLISHER'S AFFIDAVIT Or:, UIO -, AM 9: I") J rHI:, h. , (. State of Texas County of Nueces ss: CITY OF CORPUS CHRISTI Ad # 5387197 PO # Before me, the undersigned, a Notary Public, this day personally came Diana Hinojosa, who being first duly sworn, according to law, says that she is SENIOR COLLECTOR of the Corpus Christi Caller-Times, a daily newspaper published at Corpus Christl 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"L which the annexed 1S a true copy, was inserted in the Corpus Christi Caller-Times and on the World Wide Web on the Caller-Times Interactive on the 16TH day(s) of JANUARY"L 2006. $136.99 bLtllW..- (fj~.s~ SENIOR COLLECTOR TWO (2) Time(s) Subscribed and sworn to me on the date of OCTOBER 27 2005. Notary c, Nu ce Michelle Cabrera Print or Type Name of Notary Public commission expires on March 19, 2008. MICHEI.~1 JOYCi Cl.B"''' My (jOM"1 ' . " "..RA , "" ~'ION ilXf'I/i4t1t:l r.fMlh Ut, ~g . " 12F . Monday . Janua NOTICE OF PASSAGE OF ORDINANCE NO. 028091 Amending the Zoning Ordinance, u'pon application by Educational Development Company, Charles Frazier, by chqing the Zoning Map in reference to 29.07 acres out of Flour Bluff and Encinal Farm and Garden Tracts, Section 28, Lots 4-6, and JOslin Tract Block A. Lot 11. from "R-1 B" One- Family Dwelling District and "T-1B' Manufactured Home Park District to "6-4" General Business District; amending the Comprehensive Plan to account for any deViations from the existing Comprehensive Plan This ordinance was passed and approved by the City Council of the City of Corpus Christi on December 21 2004. Is! Armando Ch4tPa City Sec"*ry City of Corpus Christi