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HomeMy WebLinkAbout028468 ORD - 01/26/2010Page 1 of 13 ORDINANCE AMENDING CODE OF ORDINANCES, CHAPTER 39, PERSONNEL, ARTICLE III EMPLOYEE COMPENSATION AND CLASSIFICATION SYSTEM, REVISING SECTION 39-307 ELIMINATING PRO -RATED BENEFITS FOR HOLIDAY, VACATION, SICK LEAVE, AND PERSONAL LEAVE ACCRUAL AND ANY OTHER BENEFITS PROVIDED IN SPECIFIC SECTIONS OF THIS ARTICLE, EXCEPT SECTION 39-320 FUNERAL BENEFIT; REVISING SECTION 39-309 TO INCREASE THE EMPLOYEE PREMIUM FOR COVERAGE UNDER THE CITY'S GROUP HEALTH PLAN; REVISING SECTION 39-324 TO EXCLUDE PART-TIME EMPLOYEES FROM ELIGIBILITY FOR HOLIDAY PAY EXCEPT FOR TIME ACTUALLY WORKED WHICH WILL BE PAID AT ONE TIMES THE STRAIGHT TIME RATE; REVISING SECTION 39-325 TO EXCLUDE PART-TIME EMPLOYEES FROM LEAVE PLAN I; REVISING SECTION 39-326 TO ELIMINATE VACATION ACCRUAL ON A PRO -RATED BASIS FOR PART-TIME EMPLOYEES; REVISING SECTION 39-332 TO SUSPEND CASH -IN OF VACATION LEAVE UNTIL ECONOMIC CONDITIONS OF THE CITY IMPROVE; REVISING SECTION 39-335 TO ELIMINATE SICK LEAVE ACCRUAL AND ACCUMULATION FOR PART-TIME EMPLOYEES; REVISING SECTION 39-340 TO SUSPEND CASH -IN OF SICK LEAVE UNTIL ECONOMIC CONDITIONS OF THE CITY IMPROVE; REVISING SECTION 39-341 TO EXCLUDE PART-TIME EMPLOYEES FROM LEAVE PLAN II; REVISING SECTION 39-342 TO ELIMINATE VACATION ACCRUAL ON A PRO -RATED BASIS FOR PART-TIME EMPLOYEES; REVISING SECTION 39-347 TO SUSPEND CASH -IN OF VACATION LEAVE UNTIL ECONOMIC CONDITIONS OF THE CITY IMPROVE; REVISING SECTION 39-354 TO SUSPEND CASH -IN OF SICK LEAVE UNTIL ECONOMIC CONDITIONS OF THE CITY IMPROVE; REVISING SECTION 39-366 TO ELIMINATE PERSONAL LEAVE ACCRUAL ON A PRO -RATED BASIS FOR PART-TIME EMPLOYEES; REVISING SECTION 39-367 TO ELIMINATE BEREAVEMENT LEAVE ON A PRO -RATED BASIS FOR PART-TIME EMPLOYEES; REVISING SECTION 39-368 TO INDICATE THAT THE CATASTROPHIC LEAVE PROGRAM APPLIES TO FULL-TIME EMPLOYEES ONLY; REPEALING ALL OTHER ORDINANCES, AND RULES, OR PARTS OF ORDINANCES AND RULES, IN CONFLICT WITH THIS ORDINANCE; PROVIDING FOR EFFECTIVE DATE, PROVIDING FOR SEVERANCE AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: X8468 INDEXED Page 2 of 13 SECTION 1. Chapter 39, PERSONNEL, Article III. Employee Compensation and Classification System of the Code of Ordinances of the City of Corpus Christi, Texas, Section 39-307, is amended to read as follows: ARTICLE III. EMPLOYEE COMPENSATION AND CLASSIFICATION SYSTEM Sec. 39-307. Part-time employees. Part-time employee means any employee in a regularly budgeted position routinely assigned to work less than forty (40) base hours per seven-day work period. (a) Part-time employees routinely assigned to work less than twenty (20) base hours per seven-day work period shall: (1) Be paid at an hourly rate approved by the city manager consistent with the employee's classification; (2) Not be eligible for city benefits; (3) Participate in the FICA Alternative Plan, in lieu of contribution to Social Security. (b) Part-time employees routinely assigned to work twenty (20) or more base hours per seven-day work period shall: (1) Be paid at an hourly rate approved by the city manager consistent with the employee's classification; (2) I3e Not be eligible for holiday, vacation, sick leave, and personal leave accrual - - - - - - - - - - - - - - hours, and nor any other benefits as provided in specific sections of this article, except Section 39-320 Funeral Benefit; .. - (3) Participate in the city's retirement plan, and are exempt from contribution to Social Security. Page 3 of 13 SECTION 2. Chapter 39, PERSONNEL, Article III. Employee Compensation and Classification System of the Code of Ordinances of the City of Corpus Christi, Texas, Section 39-309, is amended to read as follows: Sec. 39-309. Coverage under the city's group health plan for eligible employees and members of the city council. (a) Full-time employees are eligible for group health plan coverage as defined by the city manager at the employee monthly cost of - • - - - - - - - -- ($31.68) sixty-three dollars and thirty-six cents ($63.36) for Citicare, or sixteen-etel-lars and twenty five cents ($16.25) thirty-two dollars and fifty cents ($32.50) for Alternate Choice. (1) Part-time employees routinely assigned to work twenty-five (25) or more base hours per seven-day work period who were employed by the city prior to August 1, 2008 and who were participating in the city's group health insurance plan as of July 31, 2008 are eligible for group health plan coverage as defined by the city manager, and shall contribute fifty (50) per cent of the city's cost for employee only coverage, if such coverage is elected. (2) If a part-time employee covered by provision (a)(1) above drops coverage, the employee will no longer be eligible for such coverage. (3) Part-time employees, other than as provided in (a)(1) above, are not eligible for group health plan coverage. (b) Full-time employees shall contribute fifty (50) per cent of the cost for dependent group health plan coverage, if such coverage is elected. (1) Part-time employees, eligible to participate in the group health plan as provided in (a)(1) above, shall contribute seventy-five (75) per cent of the cost of dependent group health plan coverage, if such coverage is elected. (c) Members of the city council are eligible for the city's group health plan coverage, and shall contribute at the same rate as full-time employees for the cost of such coverage. (d) Members of the city council shall contribute fifty (50) per cent of the cost for dependent group health plan coverage, if such coverage is elected. Page 4 of 13 SECTION 3. Chapter 39, PERSONNEL, Article III. Employee Compensation and Classification System of the Code of Ordinances of the City of Corpus Christi, Texas, Section 39-324, is amended to read as follows: Sec. 39-324. Holidays. (a) The city has seven (7) official holidays for city employees eligible for benefits: New Year's Day January 1 Memorial Day Last Monday of May Independence Day July 4 Labor Day First Monday of September Thanksgiving Day Fourth Thursday of November Day After Thanksgiving Day Friday After Fourth Thursday of November Christmas Day December 25 (b) When a holiday listed above falls on a Sunday, the following business day shall be considered a holiday. When any holiday listed above falls on a Saturday, the preceding Friday shall be considered a holiday. In addition to the above, any day may be designated as a holiday by proclamation of the mayor, upon approval of the city council. (c) Part-time - • - - - - _ - _ - _ .. _ . - - seven day work period and all temporary employees shall not be compensated for holidays, except for time actually worked which will be = • - - • - - - - paid at the straight time rate. (d) Holiday pay is defined as equivalent to eight (8) hours of work, except for airport public safety officers who work shifts of twenty-four (24) hours on and forty-eight (48) hours off. Holiday pay and holiday compensatory time for these airport public safety officers will be counted as twelve (12) hours per day with a shift equal to twenty-four (24) hours. Further exceptions to a holiday defined as equivalent to eight (8) hours of work may be granted by the city manager or designee for employees who are assigned to a work schedule that exceeds eight (8) hours per day. (e) Employees on leave of absence without pay status on a scheduled workday immediately preceding or following a holiday shall not receive pay for the holiday. (f) No sick leave the scheduled workday before, the day of, or the day after a city designated holiday will be granted to any person without a certification from a health care provider that verifies the leave is or was necessary for medical reasons. This certification must be provided by the close of the pay period in which the holiday occurred. Page 5 of 13 SECTION 4. Chapter 39, PERSONNEL, Article III. Employee Compensation and Classification System of the Code of Ordinances of the City of Corpus Christi, Texas, Section 39-325, is amended to read as follows: Sec. 39-325. Leave Plan I employees defined. Leave Plan I applies to: (a) eligible employees hired on or after August 1, 1988, and (b) eligible employees hired prior to August 1, 1988, who timely elected to participate in Plan I. These employees may be referred to herein as "Plan I employees". Plan I employees shall not include: (1) part-time employees = - • - - - • ! _ - _ _ - _ _ , (2) temporary employees, and (3) Plan II employees who return to work under the city's reduction -in -force policy. SECTION 5. Chapter 39, PERSONNEL, Article III. Employee Compensation and Classification System of the Code of Ordinances of the City of Corpus Christi, Texas, Section 39-326, is amended to read as follows: Sec. 39-326. Plan I vacation leave accrual. (a) Plan I employees, except for airport public safety officers who work a shift of twenty-four (24) hours on and forty-eight (48) hours off, earn vacation leave on the basis of twenty-six (26) biweekly pay periods and forty (40) base hours per week, or if base Accrual rates are as follows: 4 ! -.I. Plan I Vacation Leave Accrual Years of Service Hours Per Year Less than 6 years of service 88 Beginning the 6th year 104 Beginning the 11th year 120 Beginning the 16th year 144 Beginning the 21st year 168 Beginning the 26th year 200 Beginning the 31st year 240 Page 6 of 13 (b) Airport public safety officers who work shifts of twenty-four (24) hours on and forty- eight (48) hours off earn vacation leave on the basis of twenty-six (26) biweekly pay periods. For airport public safety officers working twenty-four (24) hours on and forty- eight (48) hours off to be absent from work on vacation leave for one shift twenty-four (24) hours, two (2) twelve-hour days of accrued vacation leave must be taken. Accrual rates are as follows: Plan I Vacation Leave Accrual for Public Safety Officers (Shift Defined as 24 Hours; Day Defined as 12 Hours) Years of Service Hours Per Year Less than 6 years of service 132 Beginning the 6th year 156 Beginning the 11th year 180 Beginning the 16th year 216 Beginning the 21st Year 252 Beginning the 26th year 300 Beginning the 31st year 360 * * * SECTION 6. Chapter 39, PERSONNEL, Article III. Employee Compensation and Classification System of the Code of Ordinances of the City of Corpus Christi, Texas, Section 39-332, is amended to read as follows: Sec. 39-332. Plan I cash -in of vacation leave. This section is suspended effective February 1, 2010 due to budgetary constraints. When economic conditions of the City improve, the City Manager is authorized to lift the suspension. (a) Plan I employees with more than one hundred twenty (120) hours of accrued vacation, or if base hours are less than forty (40) hours per week, on a prorated basis, except for airport public safety officers who work shifts of twenty-four (24) hours on and forty-eight (48) hours off, will be allowed to "cash -in" accrued vacation hours at the rate of eight (8) hours of equivalent pay for each eight (8) hours of vacation actually taken off during the calendar year, up to a maximum of forty (40) hours. (1) Plan I employees, as eligible per items (a) above, who have completed twenty (20) years of service with the City, beginning the twenty-first year, will be allowed to "cash -in" an additional eight (8) hours of accrued vacation for an additional eight (8) hours Page 7 of 13 actually taken off during the calendar year, or if base hours are less than forty (40) hours per week, on a prorated basis. (b) Plan I airport public safety officers who work shifts of twenty-four (24) hours on and forty-eight (48) hours off, who accumulate more than one hundred eighty (180) hours of vacation, will be allowed to "cash -in" vacation hours at the rate of twelve (12) hours of equivalent pay (equal to one day) for each twelve (12) hours of vacation actually taken off during the calendar year, up to a maximum of sixty (60) hours. (1) Plan I airport public safety officers, as eligible per items (b) above, who have completed twenty (20) years of service with the city, beginning the twenty-first year, will be allowed to "cash -in" an additional twelve (12) hours of accrued vacation for an additional twelve (12) hours actually taken off during the calendar year. * * SECTION 7. Chapter 39, PERSONNEL, Article III. Employee Compensation and Classification System of the Code of Ordinances of the City of Corpus Christi, Texas, Section 39-335, is amended to read as follows: Sec. 39-335. Plan I sick leave accrual and accumulation. (a) All eligible Plan I employees, except for airport public safety officers who work a shift of twenty-four (24) hours on and forty-eight (48) hours off, earn and are allowed sick leave at the rate of ninety-six (96) hours for each year of continuous service or if „ accrued on the basis of twenty-six (26) biweekly pay periods. Sick leave may be accumulated to a maximum of nine hundred sixty (960) hours. .. saw (b) All eligible airport public safety officers who work a shift of twenty-four (24) hours on and forty-eight (48) hours off earn sick leave at the rate of one hundred forty-four (144) hours for each year of continuous service, accrued on the basis of twenty-six (26) biweekly pay periods. Sick leave may be accumulated to a maximum of one thousand four hundred forty (1,440) hours. For airport public safety officers who work a schedule of twenty-four (24) hours on and forty-eight (48) hours off, twelve (12) scheduled working hours shall be counted as one work day with a shift defined as twenty-four (24) hours; therefore, two (2) twelve-hour work days of accrual are required to be paid for one twenty -four-hour shift. Page 8 of 13 SECTION 8. Chapter 39, PERSONNEL, Article III. Employee Compensation and Classification System of the Code of Ordinances of the City of Corpus Christi, Texas, Section 39-340, is amended to read as follows: Sec. 39-340. Plan I cash -in of sick leave. This section is suspended effective February 1, 2010 due to budgetary constraints. When economic conditions of the City improve, the City Manager is authorized to lift the suspension. (a) A Plan I employee, except for airport public safety officers who work shifts of twenty-four (24) hours on and forty-eight (48) hours off, who has at least two hundred forty (240) hours of accumulated sick leave, or if base hours are less than forty (40) hours per week, on a pro rated basis, and who has not taken any hours of sick leave in the previous calendar year may cash in up to forty-eight (48) hours of accumulated sick leave in a calendar year, or if base hours are Tess than forty (40) hours per week, on a pro rated basis, at fifty (50) per cent of salary or hourly rate of pay. (b) An airport public safety officer who works shifts of twenty-four (24) hours on and forty-eight (48) hours off and who has at least three hundred sixty (360) hours of accumulated sick leave, and who has not taken any sick leave in the previous calendar, may cash in up to seventy-two (72) hours of accumulated sick leave in a calendar year, at fifty (50) per cent of salary or hourly rate of pay. SECTION 9. Chapter 39, PERSONNEL, Article III. Employee Compensation and Classification System of the Code of Ordinances of the City of Corpus Christi, Texas, Section 39-341, is amended to read as follows: Sec. 39-341. Leave Plan II employees defined. Leave Plan II employees are those hired prior to August 1, 1988, who have not elected to participate in Plan I. Plan II shall not include (1) part-time employees routinely -- -- - -• -- - -=;� (2) temporary employees, and (3) employees otherwise covered by the city's reduction in force policy. Page 9 of 13 SECTION 10. Chapter 39, PERSONNEL, Article III. Employee Compensation and Classification System of the Code of Ordinances of the City of Corpus Christi, Texas, Section 39-342, is amended to read as follows: Sec. 39-342. Plan II vacation leave accrual. All Plan II employees who are eligible to accrue vacation leave shall earn such leave on the basis of twenty-six (26) biweekly pay periods and forty (40) base hours per week;-er . Accrual rates are as follows: Plan II Vacation Leave Accrual Years of Service Hours Per Year Less than 6 years of service 88 Beginning the 6th year 104 Beginning the 11th year 120 Beginning the 16th year 144 Beginning the 21st Year 168 Beginning the 26th year 200 Beginning the 31st year 240 * * * SECTION 11. Chapter 39, PERSONNEL, Article III. Employee Compensation and Classification System of the Code of Ordinances of the City of Corpus Christi, Texas, Section 39-347, is amended to read as follows: Sec. 39-347. Plan II cash -in of vacation leave. This section is suspended effective February 1, 2010 due to budgetary constraints. When economic conditions of the City improve, the City Manager is authorized to lift the suspension. Plan II employees with more than two hundred forty (240) hours of accrued vacation shall be allowed to "cash -in" accrued vacation hours at the rate of eight (8) hours of equivalent pay for each eight (8) hours of vacation taken off during the calendar year, up to a maximum of forty (40) hours. Plan II employees, who have completed twenty (20) years of service with the city, beginning the twenty-first year, will be allowed to "cash -in" an additional eight (8) hours of accrued vacation for an additional eight (8) hours actually taken off during the calendar year. Page 10 of 13 SECTION 12. Chapter 39, PERSONNEL, Article III. Employee Compensation and Classification System of the Code of Ordinances of the City of Corpus Christi, Texas, Section 39-354, is amended to read as follows: Sec. 39-354. Plan II cash -in of sick leave. This section is suspended effective February 1, 2010 due to budgetary constraints. When economic conditions of the City improve, the City Manager is authorized to lift the suspension. A Plan II employee who has at least seven hundred twenty (720) hours accumulated sick leave and who has not taken any sick leave in the previous calendar year, may cash -in up to forty-eight (48) hours of accumulated sick leave in a calendar year at fifty (50) per cent of salary or hourly rate of pay. * * * SECTION 13. Chapter 39, PERSONNEL, Article III. Employee Compensation and Classification System of the Code of Ordinances of the City of Corpus Christi, Texas, Section 39-366, is amended to read as follows: Sec. 39-366. Personal leave. (a) Effective August 1 of each year, each full-time employee shall receive forty (40) hours of personal leave to be used under guidelines promulgated by the city manager, or designee, except for airport public safety officers who work shifts of twenty-four (24) hours on and forty-eight (48) hours off, who shall receive sixty (60) hours of personal leave. (c) (b) Personal leave hours must be requested and approved in advance like vacation accrual, but are non -cumulative. (d) (c) Personal leave must be taken within the fiscal year received. (e) (d) Personal leave may be used within the first six (6) months of employment with the city. SECTION 14. Chapter 39, PERSONNEL, Article III. Employee Compensation and Classification System of the Code of Ordinances of the City of Corpus Christi, Texas, Section 39-367, is amended to read as follows: Page 11 of 13 Sec. 39-367. Bereavement leave. (a) Upon the full-time employee's request due to the death of an immediate family member, up to twenty-four (24) hours of bereavement leave shall be granted to employees by the department head, or designee, except for public safety officers who work shifts of twenty-four (24) hours on and forty-eight (48) hours off who shall be granted up to thirty-six (36) hours. (c) (b) Immediate family shall include the employee's parents, spouse, children, brothers, sisters, mother-in-law, father-in-law, brothers-in-law, sisters-in-law, son-in-law and daughter-in-law, employee's or spouse's step -mother and step -father, employee's or spouse's grandparents and grandchildren. Exceptions for family relations not identified in this list may be granted by the city manager on a case-by-case basis. (d) Employees who receive bereavement leave shall provide a copy of the obituary, or other related documentation, to their department head. SECTION 15. Chapter 39, PERSONNEL, Article III. Employee Compensation and Classification System of the Code of Ordinances of the City of Corpus Christi, Texas, Section 39-368, is amended to read as follows: Sec. 39-368. Catastrophic leave program. The city manager, or designee, is authorized to develop a catastrophic leave program to provide full-time employees with the possibility of obtaining additional sick leave days to avoid Toss of compensation due to a catastrophic illness or injury when the employee has exhausted all accrued leave. SECTION 16. This Ordinance is effective upon final adoption by the City Council. Revisions within this Ordinance will become effective February 1, 2010. SECTION 17. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for its purpose. ATTEST: Armando Chapa, Citycretary APPROVED: January 26, 2010 nnifer A.*/ - Knox -Walker Assistant City Attorney For City Attorney Page 12of13 CITY OF CORPUS CHRISTI Joe A ame, Mayor Page 13 of 13 Corpus Christi, Texas o(Q Day of / , 2010 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, Joe Lr ame Mayor Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry R. Elizondo, Sr. Kevin Kieschnick Priscilla Leal John E. Marez Nelda Martinez Mark Scott '_}28468 State of Texas County of Nueces } } PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI Ad # 5930485 PO # Before me, the undersigned, a Notary Public, this day personally came GEORGIA LAWSON, who being first duly sworn, according to law, says that she is LEGAL SALES REPRESENTITIVE AND EMPLOYEE OF THE PUBLISHER, namely, 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 NO. 02846 which the annexed is a true copy, was inserted in the Corpus Christi Caller -Times on the 2/1/2010, 2/1/2010. $ 358.65 1Time(s) On this 3 day of is a true and an exact copy made LEGAL SALES REPRESENTIVE AAy `_ MICHELLE JOYCE CABRERA MY COMMISSION EXPIRES March IP, 2012 2Y(I certify that the attached document y publisher. Notary Public, State Of fI'exas 4E February 1, 2010 » CALLER TIMES NOTICE OF PASSAGE OF R DINANCE NO. 028468 Amending Code of Ordinances, Chapter 39, Personnel, Article 111 Employee "Com- pensation`and •Clas- sification System, re- vising Section 39-307 Eliminating Pm -rated Benefits for Holiday, Vacation, Sick Leave, and Personal Leave. Legal Notices 1110 Accrual and Any Oth- er Benefits Provided in Specific Sections of this Article, except Section 39-320 Fu- neral Benefit; revising Section. 39-309 to In- crease the Employee Premium for Cover- age under the City's Group Health Plan; revising ;'Section 39-324 to Exclude Part-time Employees from Eligibility for Holiday Pay Except for Time Actually Worked Which Will Be: Paid at One Times -the Straight Time Rate; revising Section 39-325 to Ex- clude xclude Part-time Em- ployees from Leave Plan 1; revising Sec- tion 39-326 to Elimi- nate Vacation Accru- al on a Pro -rated Ba- sis for a-sis-for Part-time Em- ployees; revising Section 39-332 to Suspend Cash -in of Vacation Leave until Economic Conditions of the City Improve; revising Section 39-335 to Eliminate Sick Leave Accrual and Accumulation for Part-time Employees; revising' Section 39-340 to Suspend Cash -in of Sick Leave until Economic Conditions of the City Improve;' revising', Section 39-341 to Ex- clude xcludePart-time Em- ployees from Leave Plan 11;. revising Sec- tion ection; 39-342 to Elimi- nate Vacation Accru- al on a Pro -rated Ba- sis for asis-for Part-time Em- ployees; revising Section 39-347 to Suspend Cash -in of Vacation Leave until Economic Conditions of the City Improve; revising Section 39-354 to Suspend Cash -in of Sick Leave until Economic Conditions of the City Improve; revising Section 39-366 to Eliminate Personal Leave Accrual on a Pro -rated Basis for Part-time Employees; revising Section 39-367 to Eliminate Bereavement Leave on ;a Pro -rated Basis for Part-time Employ- ees; revising Section 39-368 to indicate that the Catastrophic Leave Program Ap- plies to Full-time Em- ployees Only; repeal- ing all other ordinanc- es and rules, or parts of ordinances and rules, in conflict with this ordinance; providing for effective date. This ordinance is effective on Febru- ary 1, 2010. This or- dinance was passed and approved on January:26, 2010. /s/Armando Chapa City Secretary City of Corpus Christi