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HomeMy WebLinkAbout029800 ORD - 04/23/2013Ordinance finding that there is no feasible and prudent alternative to the expanded use from approximately 0.4 acres to 0.677 acres of Mt. Vernon Park located along 5100 block of McArdle Road by The Corpus Christi Area Council for the Deaf for the expansion and continued operation of The Corpus Christi Area Council for the Deaf, and determining that all reasonable planning has occurred to minimize harm to Mt. Vernon Park resulting from such use; and authorizing the City Manager or designee to execute a ten -year lease agreement with The Corpus Christi Area Council for the Deaf for expanded lease area of approximately .677 acres of Mt. Vernon Park, with one ten -year extension term. Whereas, The Corpus Christi Area Council for the Deaf currently has a lease with the City of Corpus Christi for approximately .4 acres out of Mt. Vernon Park, which is located along the 5100 block of McArdle Road; Whereas, The Corpus Christi Area Council for the Deaf desires to expand its operations from approximately .4 acres to .677 acres of Mt. Vernon Park; Whereas, Chapter 26 of the Texas Parks & Wildlife Code requires the City Council to hold a public hearing to determine if a feasible and prudent alternative exists prior to taking or using a public park for a non -park purpose, such public hearing to be held after three weekly notices of the public hearing first published not less than 30 days prior to the public hearing; and Whereas, notices of the public hearing were published on Tuesday February 19, 2013, Tuesday February 26, 2013, and Tuesday March 5, 2013 in the Corpus Christi Caller - Times; and Whereas, City Council held a public hearing on March 12, 2013 to receive clearly enunciated locate preferences concerning the expanded lease of .677 acres of Mt. Vernon Park with The Corpus Christi Area Council for the Deaf at its regularly scheduled City Council meeting; Now, therefore, be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1. The facts set forth in the preamble of this ordinance are true. Section 2. That City Council followed the requirements of Chapter 26 of the Parks & Wildlife Code to determine if there was a feasible and prudent alternative to the expanded use of Mt. Vernon Park property for non -park purposes, in particular the expanded lease of the park property to The Corpus Christi Area Council for the Deaf. 029800 INDEXED Section 3. That after conducting the public hearing, the City Council determines that there was no feasible and prudent alternative to the expanded lease of the Mt. Vernon Park property to The Corpus Christi Area Council for the Deaf. Section 4. That after conducting the public hearing the City Council determines that all reasonable planning has occurred to minimize the harm to the park resulting from the expanded use. Section 5. That the City Council considered clearly enunciated local preferences in making the findings that justify the approval of the lease to The Corpus Christi Area Council for the Deaf. Section 6. That the City Manager or designee is authorized to execute a ten -year lease agreement with The Corpus Christi Area Council for the Deaf for the expanded lease area of approximately .677 acres of Mt. Vernon Park, with one ten -year extension term. That the foregoing or inanbe was read for the first time and passed to its second reading on this the day of ` V L Odra , 733l3by the following vote:. Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb Chad Magill Colleen McIntyre Lillian Riojas Mark Scott That the forgoing ordin nce was as read for the second time and passed finally on this the c,�3 day of , g0I3 , by the following vote: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb Chad Magill Colleen McIntyre Lillian Riojas Mark Scott PASSED AND APPROVED, this the day of ATTEST: Armando Chapa City Secretary EFFECTIVE DATE sNl 13 Nelda Martin Mayor 029800 State of Texas Count/of Nueces FINANCE ili_P. t.lH t r3/113R23 API 8:48 } PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI Ad # 171844 PO # 62.9800 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 REPRESENATIVE 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, Du- val, Jim Hogg, Jim Wells, Kleberg, Live Oak, Nueces, Refugio, and San Patricio counties, and that the publication of NOTICE OF PASSAGE OF FIRST READING 0 which the annexed is a true copy, was inserted in the Corpus Christi Caller -Times on: CC- Corpus Christi Caller -Times CC- Internet - caller.com 03/24/13 Sun 03/24/13 Sun ((/ GAL SALES PRESENTATIVE On this CI day of �1 rt , 2013 I certify that the attached document is a true and exact copy made by publisher. r ona Public N P , State of Texas L. CALLER -TIMES I March 24, 2013 } 9E Legais NOTICE OF PASSAGE OF FIRST READING Ordinance finding that there is no feasible and prudent alternative to the expanded . use from approximately 0.4 acres to 0.677 acres of Mt. Vernon! Park located along 5100 block of McArdle Road by The Corpus Christi Area Council for the Deaf for the expansion and continued operation of The Corpus Christi Area Council for `the. Deaf, and determining that all reasonable planning has occurred to minimize harm to Mt, Vernon Park resulting from such use; and authoriz- ing the City Manager or des -: ignee to execute a ten -year lease agreement with The Corpus Christi Area Coun- cli for the Deaf for expand- ed lease area of approxl- mately .677 acres of Mt. Vernon. Park, with one ten- year extension term. Les - see agrees to maintain the premises during the term of this lease. This ordinance was passed and approved on first reading on March 19, 2013. /s/ Armando Chapa, 6 City: Secretary NOTICE OF P11BLIC.HEAR- ING REGARDING EXPANDED. USE OEAPPROXIMATLEY 0.677 ACRES OF MT. VER- NON PARK BY THE CORPUS CHRISTI AREA COUNCIL FOR THE DEAF Notice is given of a public hearing to be held by the Corpus Christi City • Council on March 19, 2013 during its regularly scheduled City Council meeting regarding expanded use of approxi- mately 0.677 acres of Mt. Vernon Park by The Corpus Christi Area Council for the Deaf. The City Council meet- ing begins at 11:30 on March 19, 2013 in the City Council Chambers located at 1201 Leopard Street, Corpus. Christi, Texas. The purpose of the public hearing is to receive comments concern - ing expanded use of this park by The Corpus Christi Area Council for. the Deaf. /s/ Armando Chapa, City Secretary NOTICE OF PUBLIC HEAR - ING REGARDING EXPANDED USE OF APPROXIMATLEY 0.677 ACRES OF MT. VER- NON PARK BY THE CORPUS CHRISTI AREA COUNCIL FOR THE DEAF. ' Notice is given of a -public hearing to be held .. by the Corpus Christi City, Council on March 19, 2013 during its regularly scheduled City Council meeting regarding expanded use of approxi- mately 0.677 acres of . Mt. Vernon Park. by The Corpus Christi Area Council for the Deaf. The City Council meet- ing begins at 11:30 on March 19, 2013 in the CIty Council Chambers located at. 1201 Leopard Street, :. Corpus Christi, Texas. The purpose of the public hearing is to receive comments concern- ing expanded use of this park by The Corpus Christi Area Council for the Deaf, /s /Armando Chapa, <City. Secretary J 4E I March 12, 2013 I CALLER -TIMES NOTICE OF PUBLIC HEAR- ING REGARDING EXPANDED USE OF APPROXIMATLEY 0.677 ACRES OF. MT. VER- NON PARK BY THE CORPUS CHRISTI AREA COUNCIL FOR THE DEAF` Notice Is given of a public hearing to be held by the Corpus Christi City Council on March 19, 2013 'during its regularly scheduled •.City I Council meeting regarding expanded use of approxi- mately 0.677 acres of Mt. Vernon Park by The Corpus Christi Area Council for the Deaf: The City Council meet- ing begins at I1:30 on March 19, 2013 in the City Council Chambers located at 1201 Leopard Street, Corpus Christi, Texas. The purpose of the , public hearing is to receive comments concern- ing expanded use of this park by The Corpus Christi Area Council for the Deaf. /s/ Armando Chapa, City Secretary State of Texas County of Nueces PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI Ad # 187888 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 REPRESENATIVE 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, Du- val, Jim Hogg, Jim Wells, Kleberg, Live Oak, Nueces, Refugio, and San Patricio counties, and that the publication of NOTICE OF PASSAGE OF ORDINANCE NO. 0 which the annexed is a true copy, was inserted in the Corpus Christi Caller -Times on: CC- Corpus Christi Caller -Times CC- Internet - caller.com On this `"'E day of copy made by publisher. 04/28/13 Sun 04/28/13 Sun LEGAL SALES REPRESENTATIVE , 20 V I certify that the attached document is a true and exact MICHELLE JOYCE CABRERA My Commission Expires March 19, 2016 Notary Pu ic, State o as 10E 1April 28, 2013 1 CALLER TIMES NOTICE OF PASSAGE OF ORDINANCE NO. 029300' Ordinance .finding that there is no feasible and prudent alternative to the expanded use from approximately 0.4 acres to 0.677 acres of Mt. Vernon Park located along 5100 block of McArdle Road. by The Corpus'. Christi: Area Council for the Deaf for the expansion and ._continued operation Y The Corpus Christi Area Council for the Deaf, and determining that all reasonable planning has . occurred to minimize harm to Mt. Vernon Park resulting from such use; and authoriz- ing the City Manager or des- ignee to execute a ten -year lease agreement with The Corpus Christi Area Coun- cil for. the Deaf for expand -. ed lease area of approxi- mately .677 acres. of Mt. Vernon Park, with one ten- year extension term. Les- see agrees to maintain the premises l during s the term ce was passed and approved on April 23, 2013. /s/ Armando Chapa City Secretary