HomeMy WebLinkAbout029094 RES - 06/14/2011Page 1 of 2
RESOLUTION
DECLARING LIGHTING IMPROVEMENTS AT FORMER SOUTH GUTH PARK SITE
AS SURPLUS PERSONAL PROPERTY AND AUTHORIZING THE CITY MANAGER
OR DESIGNEE TO EXECUTE AN INTERLOCAL AGREEMENT WITH NUECES
COUNTY FOR USE OF LIGHTING IMPROVEMENTS.
Whereas, after voter authorization on November 7, 2000, City Council approved
Ordinance No. 024398 on March 20, 2001 to provide for the issuance of the City of
Corpus Christi, Texas (the "City") of Thirty Nine Million One Hundred. Fifty Thousand
Dollars ($39,150,000) of the City's General Improvement and Refunding Bonds, Series
2001, (the "Bonds"), for various purposes which included Park and Recreation
improvements in the amount of $4,694,000;
Whereas, on September 24, 2002, City Council authorized a contract in amount of
$288,900 of these Bond funds to install Youth Outdoor Sports Facilities Lighting
Improvements at South Guth Park;
Whereas, on July 8, 2003, City Council authorized a contract which included use of
$139,040 of these Bond funds to install Youth Outdoor Sports Facilities Lighting
Improvements at South Guth Park;
Whereas, on September 25, 2007, in Resolution No. 027432, City Council made the
factual determination and in compliance with applicable law that there was no feasible
and prudent alternative to the conveyance of South Guth Park property to the Texas
A&M University System ("TAMU System") for its campus expansion and that reasonable
planning had occurred for providing alternate sites and facilities for park uses, and as
such, South Guth Park was deemed to no longer be park facilities under Texas law;
Whereas, on October 16, 2007, in Ordinance No. 027451, City Council authorized
execution of Declaration of Gift and Agreement between the City and TAMU System
relating to the conveyance of 140.39 acres of land including South Guth Park site;
Whereas, on October 16, 2007, City Council also approved a five-year Ball Field Lease
Agreement with TAMU System by which TAMU System leased the former South Guth
Park site to the City to be used as a recreational area;
Whereas, Section 1.03 B of the Ball Field Lease includes a provision to allow the City to
remove any improvements from the premises on or prior to August 31, 2013;
Whereas, the parties have agreed to early termination date for the Ball Field lease
effective June 30, 2011;
Whereas Section 13 of Ordinance 024398 provides that the City covenants that the
property constituting a financed project under the Ordinance will not be sold or
otherwise disposed in a transaction resulting in the receipt of cash or other
029094
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compensation, unless the City obtains an opinion of bond counsel substantially to the
effect that such sale or other disposition will not adversely affect the tax exempt status
of the Bonds, and further provides that any personal property disposed of in the ordinary
course of business shall not be treated as a transaction resulting in the receipt of cash
or other compensation;
Whereas, City council hereby finds and determines that the lights are personal property,
that the lights will be conveyed without compensation, and that the conveyance is in the
ordinary course of business as the lights are now surplus personal property;
Whereas, Nueces County has expressed interest in obtaining use of four of the six
lights for use in County parks located within the City limits;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. That the City Council declares that the lights and related improvements
located at the former South Guth Park site are of no further use to the City and are
hereby declared surplus personal property.
SECTION 2. That the City Manager or designee is authorized to execute an Interlocal
Agreement with Nueces County for use of four sets of lighting improvements located at
the former South Guth Park site.
ATTEST: CITY OF CORPUS CHRISTI
t
92/6)(20-,
Armando Chapa
City Secretary
Approved:
, 2011
Lisa Aguilar,
City Attorney
For the City Attorney
Joe ame
Mayor
H:ILEG-DIR\Lisa12011 Resolution\South Guth Park Lights.doc
Corpus Christi, Texas
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, 2011
The above resolution was passed by the following vote:
Joe Adame
v
Chris N. Adler L
Larry Elizondo, Sr.
Kevin Kieschnick
Priscilla G. Leal
John E. Marez
Nelda Martinez
Mark Scott
Linda Strong
029094