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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 October 13, 2020 which
were approved by the City Council on October 20, 2020.
WITNESSETH MY HAND AND SEAL, on this the 20th day of October 2020.
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Rebecca Huerta
City Secretary
Corpus Christi, Texas
(S E A L)
City of Corpus Christi
Rebecca Huerta, City Secretary
P.O. Box 9277
Corpus Christi,Texas 78469-9277
(361)826-3105
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7725 FFF Meeting Minutes
City Council
Tuesday,October 13,2020 11:30 AM Council Chambers
Addendums may be added on Friday.
A. Mayor Joe McComb to call the meeting to order.
Mayor McComb called the meeting to order at 11:32 a.m.
B. Invocation to be given by Mayor Joe McComb.
Mayor McComb gave the invocation
C. Pledge of Allegiance to the Flag of the United States and to the Texas Flag.
Mayor McComb led the Pledge of Allegiance to the flag of the United States
and the Texas Flag.
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 Peter Zanoni,City Attorney Miles K.Risley and
City Secretary Rebecca L.Huerta.
Note:Council Members Roland Barrera and Everett Roy participated by video
conference.Council Member Michael Hunter participated telephonically.
Present 9- Mayor Joe MCComb,Council Member Roland Barrera,Council Member Rudy
Garza,Council Member Paulette Guajardo,Council Member Gil
Hemandez,Council Member Michael Hunter,Council Member Ben
Molina,Council Member Everett Roy, and Council Member Greg Smith
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E. PUBLIC COMMENT- AUDIENCE AND PRESENTER SOCIAL DISTANCING AND
PUBLIC TESTIMONY AND PUBLIC HEARING INPUT AT PUBLIC MEETINGS OF
THE CITY COUNCIL.To reduce the chance of COVID-19 transmission, public
meetings will be held in a manner intended to separate,to the maximum practical
extent, audience and presenters from personal contact with members of
Community, City Staff, and City Council.This meeting will be broadcast at
cctexas.com/services/council meeting-agendas-minutes-video. Public testimony
and public hearing input for Public Comment and all items on the agenda at
public meetings of the City Council should be provided in written format and
presented to the City Secretary and/or designee no later than five minutes after
the start of each meeting of the City Council.Testimony and/or public input shall
be in accordance with the City Secretary's instructions, which shall be posted on
the City Secretary's door and on the City website, and allow for electronic
submission. The written public testimony shall be provided to members of City
Council prior to voting on measures for that meeting.Written testimony shall be
limited in accordance with the City Secretary requirements and shall be placed
into the record of each meeting.This testimony shall serve as the required public
testimony pursuant to Texas Government Code 551.007 and shall constitute a
public hearing for purposes of any public hearing requirement under law.The
meeting may be held telephonically or via videoconference.The public may
participate remotely by following the instructions of the City Secretary at
cctexas.com/departmentslcity-secretary.
Mayor McComb referred to comments from the public.
Errol Summerlin,Portland,TX called in regarding Item 20.
F. COUNCIL MEMBER RESIGNATION: (ITEM 1)
1. Motion to accept the resignation of At-Large Council Member Rudy D.
Garza, Jr. effective October 13, 2020.
Mayor McComb referred to Item 1.
Council Members,City Manager Peter Zanoni and City Secretary Rebecca
Huerta thanked Council Member Garza for his dedicated service to the
community.
Council Member Smith made a motion to approve the motion,seconded by
Council Member Molina. This Motion was passed and approved with the
following vote: (NOTE:Upon passage of the motion accepting Council Member
Rudy Garza's resignation,he left the meeting.A vacancy was then created on
the City Council.For the rest of the meeting,Council Member Garza will be
shown as "Excused"on any votes.)
Aye: 9- Mayor McComb. Council Member Banera, Council Member Garza, Council
Member Guajardo, Council Member Hernandez,Council Member Hunter,
Council Member Molina, Council Member Roy and Council Member Smith
Abstained: 0
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Enactment No M2020-206
G. CITY MANAGER'S COMMENTS I UPDATE ON CITY OPERATIONS:
Mayor McComb referred to City Manager's Comments.City Manager Peter
Zanoni reported on the following topics: 1)The purpose of the desalination
town hall meetings is to provide the community with more awareness and
understanding of desalination. 2)School backpacks were provided by the
Police Department and the Housing Authority.3)A bull riding event fundraiser
for military families will be held at the USS Lexington on December 5th.4)The
construction of Staples Street and Kostoryz Road was completed by August
2020.
a. GOVERNMENT ACTIONS RELATED TO CORONA VIRUS
Director of Public Health District Annette Rodriguez presented an update on
COVID-19: update of cases in Texas and Nueces County;Health Department
daily COVID-19 cases;Nueces County COVID-19 cases by age;COVID-19
reported deaths by day; percent of COVID-19 cases and deaths according to zip
codes;school district COVID-19 cases;operation WARP speed vaccine
distribution plan;COVID-19 vaccine providers needed; notable updates;
possible impact on COVID-19 cases;flu season begun October 2020;get your
flu shot today;and re-think Halloween.
H. MINUTES: (ITEM 21
2. Regular Meeting of September 29, 2020
A motion was made by Council Member Guajardo,seconded by Council
Member Molina that the Minutes be approved.The motion carried by a
unanimous vote.
BOARD &COMMITTEE APPOINTMENTS: (ITEMS 3-S(
3. Resolution waiving City Council Policies 10.2.1(C) and 10.2.1(K) to allow
for the appointment of members of the Board of Directors of the Tax
Increment Reinvestment Zone Number Five, City of Corpus Christi,
Texas.
Mayor McComb referred to hem 3.
Director of Finance Heather Hurlbert presented information on the following
topics: staff is requesting to waive City Council policy 10.2.1(K)which will
allow for the appointment of the Board for the Tax Increment Reinvestment
Zone Number Five(TIRZ#5)within 30 days of an election. In addition,staff is
requesting that City Council policy 10.2.1(C)be waived to allow appointments
to the board of applicants whose applications were not received 14 days prior
to the appointment date.
Council Members,City Manager Peter Zanoni and Director of Finance Heather
Hurlbert discussed the following topics: this TIRZ is different from the other
TIR2s in that it was created solely to reimburse the developer with costs for
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public infrastructure;the City is requesting to waive the rules in Council
policies to allow the developer to start his project before the end of the year;
the policies were put in place for specific reasons;if the board is not in place,
then the project and financing plan,along with the developer agreement,
could not be approved;the developer agreement is the City's commitment to
the developer for reimbursable items;every slot on the board will be filled
with the exception of the state representative and state senator;this is a
developer initiated TIRZ;and the City's tax dollars get reinvested in public
infrastructure.
Council Member Barrera made a motion to approve the resolution,seconded
by Council Member Guajardo. This Resolution was passed and approved with
the following vote:
Aye: 7- Mayor McComb, Council Member Barrera, Council Member Guajardo,
Council Member Hunter, Council Member Molina, Council Member Roy and
Council Member Smith
Nay: 1 - Council Member Hernandez
Excused: 1 - Council Member Garza
Abstained: 0
Enactment No 032236
4. Appointment of Members to the Tax Increment Reinvestment Zone
Number Five Board (5 vacancies)
Mayor McComb referred to Item 4.
Reinvestment Zone No.5 Board
Council Member Roy made a motion to appoint Council Member Roland
Barren(Agent),Nueces County Commissioner Joe A.Gonzalez(Agent),
Planning Director Daniel McGinn(Agent),Finance Director Heather Hurlbert
(Agent),and Roberto Santos Williams(Landowner),seconded by Council
Member Barren.The motion passed 7-1 (Garza excused;Hernandez voting
no).
Council Member Smith nominated Roland Barrera(Agent)as chairman to
serve for the remainder of 2020 and for a one-year term beginning January 1,
2021,seconded by Council Member Molina.The motion carried 7-1
(Garza-excused; Hemandez voting no).
5. Resolution authorizing execution of two Interlocal Cooperation
Agreements, one with Nueces County and one with Del Mar College, for
participation in the Tax Increment Reinvestment Zone Number Five.
(Requires 2/3 vote)
Mayor McComb referred to Item 5.
Director of Finance Heather Huribert presented information on the following
topics: the participation of Nueces County and Del Mar College in the Tax
Increment Reinvestment Zone 5.
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There were no comments from the Council.
Council Member Barrera made a motion to approve the resolution,seconded
by Council Member Molina. This Resolution was passed and approved with
the following vote:
Aye: 8- Mayor McComb, Council Member Barrera, Council Member Guajardo,
Council Member Hernandez, Council Member Hunter, Council Member
Molina,Council Member Roy and Council Member Smith
Excused: 1 - Council Member Garza
Abstained: 0
Enactment No 032237
J. EXPLANATION OF COUNCIL ACTION:
K. CONSENT AGENDA: (ITEMS 6-141
Consent-Second Reading Ordinances
Approval of the Consent Agenda
Mayor McComb referred to the Consent Agenda.
There were no comments from the Council.
A motion was made by Council Member Guajardo,seconded by Council
Member Hernandez to approve the Consent Agenda.The motion carried by the
following vote:
Aye: 8- Mayor McComb, Council Member Barrera, Council Member Guajardo,
Council Member Hernandez. Council Member Hunter, Council Member
Molina,Council Member Roy and Council Member Smith
Excused: 1 - Council Member Garza
Abstained: 0
6. Ordinance to adopt the City of Corpus Christi Water Conservation Plan
revised 2020 edition and revising City Code of Ordinances Section
55-150 (a) regarding adoption of revised plan with the addition of an
explanation of the Model Industrial Water Conservation Plan and other
adjustments updating information.
Mayor McComb referred to Item 6.
A Council Member and Water Resource Manger Steve Ramos discussed the
following topics: minor changes were made to the water conservation plan
with legal clarification in section 288.7;with regard to questions about leaks,
the department will continue to use the best equipment;and the importance of
preventative maintenance.
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This Ordinance was passed on second reading on the consent agenda.
Enactment No:032238
Consent-Contracts and Procurement
7. Motion authorizing the purchase of equipment and two-year service
agreement with FarrWest Environmental Supply, Inc., Schertz, Texas, for
a total amount not to exceed $126,371.00, for one Hazmat Detection
Portable Device and Onsite Training services for the Corpus Christi Fire
Department with FY 2021 funding available from the Fire Grants Fund.
(Requires 2/3 vote)
This Motion was passed on the consent agenda.
Enactment No M2020-207
8. Motion authorizing a three-year service agreement with Southern Tire
Mart, LLC, of Columbia, Mississippi, in an amount not to exceed
$299,693.10, for tire repair and replacement, and wheel alignment
services for fire trucks, ambulances, and other emergency response
vehicles for the Corpus Christi Fire Department, with FY 2021 funding
available from the General Fund. (Requires 2/3 vote)
This Motion was passed on the consent agenda.
Enactment No' M2020-208
9. Motion authorizing a three-year service agreement with CaptionSource,
LLC of Boeme, Texas, for a total amount not to exceed $64,350.00 to
provide closed captioning services for City Council meetings and press
conferences for citywide emergency situations for the Communication
Department,with funding in an amount not to exceed $21,450.00
available in the FY 2021 General Fund. (Requires 2/3 vote)
This Motion was passed on the consent agenda.
Enactment No: M2020-209
10. Motion authorizing a three-year supply agreement with Custom-Crete,
LLC, dba Mobile-Crete from Euless, Texas, in an amount not to exceed
$780,600.00 for the purchase of concrete mix for curb and gutter repairs
for the Public Works Department Curb & Gutter Replacement Program,
with FY 2021 funding available from the Storm Water Fund. (Requires 2/3
vote)
This Motion was passed on the consent agenda.
Enactment No: M2020-210
11. Motion authorizing the lease-purchase of 11 replacement trucks
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consisting of nine F-550 extended cab with welding body, one F-550
crew cab with canopy service body and one F450 crew cab with bi-fuel
CNG and a canopy body for the Gas Department from Silsbee Ford, Inc.,
in an amount of$756,314.00, for Gas Operations, with FY 2021 funding
available in an amount of$75,631.40 in the Gas Fund. (Requires 2/3
vote)
This Motion was passed on the consent agenda.
Enactment No M2020-211
Consent-Capital Projects
12. Motion awarding a construction contract to Grace Paving & Construction,
Inc., of Corpus Christi, Texas for the reconstruction of Strasbourg Drive
from Riom Street to Grenoble Drive, located in Council District 5,with
new asphalt pavement and minor utility improvements for an amount of
$771,644.25 with funding available from Street Bond 2018 Program and
FY 2021 Storm Water, Water, and Wastewater Funds. (Requires 2/3
vote)
This Motion was passed on the consent agenda.
Enactment No M2020-212
13. Motion authorizing a professional service agreement with Bath
Engineering Corporation of Corpus Christi, Texas for site analysis and
investigation and to provide design, bid and construction administration
phase services for lighting improvements in the Downtown area in an
amount of$58,393.00, located in City Council District 1, with funding
available from the Bond 2018 Street Fund. (Requires 2/3 vote)
This Motion was passed on the consent agenda.
Enactment No M2020-213
General Consent Items
14. Resolution authorizing a radio tower license agreement with American
Towers, LLC, for public safety communications with a 14-year term and
three five-year optional renewals at an annual cost of$76,080.00 plus a
share of pro rata site expenses, a payment escalator of 3% annually, and
a one-time co-location fee of$3,000.00. (Requires 2/3 vote)
This Resolution was passed on the consent agenda.
Enactment No:032239
L. RECESS FOR LUNCH
The recess for lunch was held during Executive Session.
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M. PUBLIC HEARINGS: (ITEMS 15- 16)
15. Zoning Case No. 0820-02, JAR Development(District 5). Ordinance
rezoning property at or near 7872 Yorktown Boulevard from the "FR"
Farm Rural District to the"RS-4.5" Single-Family 4.5 District. (Planning
Commission and Staff recommend Approval) (Requires 2/3 vote)
Mayor McComb referred to Item 15.
Director of Development Services Al Raymond presented information on the
following topics: aerial overview;zoning pattern;and staff and planning's
recommendation.
Council Members,Director Raymond,and Senior City Planner of Development
Services Andrew Dimas discussed the following topics: the ingress and egress
of this property are off of Yorktown Blvd.;the property to the west is currently
going through the platting process and the property to the east has not been
submitted yet;Council Members'concern of having only one-way in and
one-way out of the property;approximately 200 lots can be developed;Council
Members want surety that what happened off of Slough Road does not happen
here;and Rancho Vista has three different access roads onto Yorktown Blvd.
Mayor McComb opened the public hearing.There were no written comments
from the public.
Mayor McComb closed the public hearing.
This Ordinance was passed on first reading and approved with the following
vote:
Aye: 8- Mayor McComb, Council Member Banera, Council Member Guajardo.
Council Member Hernandez, Council Member Hunter, Council Member
Molina Council Member Roy and Council Member Smith
Excused: 1 - Council Member Garza
Abstained: 0
16. Ordinance authorizing Wastewater Collection Line Construction
Reimbursement Agreement with Grangeheld Development, LLC for a
planned residential subdivision named Grange Park Unit 3 with
completion within 18 months; transferring $140000 from the Water
Arterial Transmission and Grid Main Trust Fund to the Sanitary Sewer
Collection Line Trust Fund; and appropriating $160,164.94 from the
Sanitary Sewer Collection Line Trust Fund, to reimburse the developer
per the agreement. (District 5) (Requires 2/3 vote)
Mayor McComb referred to Item 16.
Director of Development Services Al Raymond presented information on the
following topics: reimbursement agreement;location map; project map;trust
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fund balance;and staffs recommendation.
Council Members,Director Raymond and City Manager Peter Zanoni discussed
the following topics: this property plat is adjacent to the west of the previous
properly that was approved;the developer needs to submit how they want to
service their property in order to know whether or not the City will get any
credit or reimbursement;the current wastewater acreage fee is uncertain;a
Council Member's request for the fees to be improved;there is currently not a
plat for this property;a Council Member's request for a plat to be provided
going forward;the funds are interchangeable among the four trust funds;and
there is$1.9 million available in the 2020 bond program for the Yorktown
design.
Mayor McComb opened the public hearing.There were no written comments
from the public.
Mayor McComb closed the public hearing.
Council Member Hernandez made a motion to approve the ordinance,
seconded by Council Member Guajardo. This Ordinance was passed on first
reading and approved with the following vote:
Aye: 8- Mayor McComb.Council Member Banera,Council Member Guajardo,
Council Member Hernandez,Council Member Hunter.Council Member
Molina, Council Member Roy and Council Member Smith
Excused: 1 - Council Member Garza
Abstained: 0
N. REGULAR AGENDA: (NONE)
O. FIRST READING ORDINANCES: (ITEMS 17-201
17. Ordinance authorizing acceptance of a grant from the State of Texas,
Department of Transportation for the FY 2021 Click It or Ticket Program
for the Police Department in an amount of$15,000.00 with a City cash
match of$4,266.85 for overtime and fringe benefits with funding available
from the General Fund; and appropriating $15,000.00 in the Police
Grants Fund. (Requires 2/3 vote)
Mayor McComb referred to Item 17.
Police Chief Mike Markle presented information on the following topic: this
grant is in the amount of$15,000 with a$4,200 match for overtime and fringe
benefits.
There were no comments from the Council.
Council Member Smith made a motion to approve the ordinance,seconded by
Council Member Hemandez. This Ordinance was passed on first reading and
approved with the following vote:
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Aye: 8- Mayor McComb, Council Member Barrera, Council Member Guajardo,
Council Member Hernandez. Council Member Hunter, Council Member
Molina, Council Member Roy and Council Member Smith
Excused: 1 - Council Member Garza
Abstained: 0
18. Ordinance authorizing a three-year service agreement for wrecker
services for City-owned heavy vehicles and equipment with, DRR & RS
Inc., dba Apollo Towing Service, which is determined to be the lowest
responsible bidder, for an amount not to exceed $165,000.00, to be used
for towing services, effective upon issuance of notice to proceed, with
funding available in the FY 2021 Fleet Maintenance Fund. (Requires 2/3
vote)
Mayor McComb referred to Item 18.
A Council Member,Director of Asset Management Jim Davis and City Manager
Peter Zanoni discussed the following topics: this contract is for City-owned
vehicles above 19,000 pounds.
Council Member Smith made a motion to approve the ordinance,seconded by
Council Member Guajardo. This Ordinance was passed on first reading and
approved with the following vote:
Aye: 8- Mayor McComb,Council Member Barrera,Council Member Guajardo,
Council Member Hernandez, Council Member Hunter. Council Member
Molina, Council Member Roy and Council Member Smith
Excused: 1 - Council Member Garza
Abstained: 0
19. Ordinance amending the Wastewater Collection System Master Plan for
the Greenwood Wastewater Treatment Plant, Service Area 5, to phase
construction of an 8"force main from a proposed West Point Lift Station;
and amending the Comprehensive Plan.
Mayor McComb referred to Item 19.
Assistant Director of Public Works Gabriel Hinojosa presented information on
the following topics: aerial overview;master plan overview;master plan
detail;master plan amendment;and staffs recommendation.
Council Members,Assistant Director Hinojosa and City Manager Peter Zanoni
discussed the following topics: currently this Lift Station is solely servicing the
Stripes store at Old Brownsville Road;a Council Membees concern regarding
the timing of the Lift Station;the Lift Station will be eligible for reimbursement;
and the Greenwood Wastewater Treatment Plant will be the treatment plant
for T1RZ#5.
Council Member Molina made a motion to approve the ordinance,seconded
by Council Member Barrera. This Ordinance was passed on first reading and
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approved with the following vote:
Aye: 8- Mayor McComb, Council Member Bartera, Council Member Guajarda,
Council Member Hernandez, Council Member Hunter, Council Member
Molina, Council Member Roy and Council Member Smith
Excused: 1 - Council Member Garza
Abstained: 0
20. Ordinance authorizing the issuance of Utility System Junior Lien Revenue
Improvement Bonds, New Series 2020C in an amount not to exceed
$11,425,000; providing for payment and security, by a junior and inferior
lien on and pledge of the net revenues of the City's utility system;
stipulating terms and conditions for additional revenue bonds; and
complying with Texas Water Development Board regulations; for a
potential future seawater desalination plant.(Requires 213 vote)
Mayor McComb referred to kern 20.
Director of Finance Heather Hurlbert presented information on the following
topics: timeline of TWDB loan-SWIFT 2;how the TWDB loan works;and
project due diligence.
Council Members,Director Hurlbert,City Manager Peter Zanoni,City Attorney
Miles Risley,Director of Water Utilities Kevin Norton and Water Resource
Manager Steve Ramos discussed the following topics: if the City didn't have to
borrow money from the state,the City would still have to carry some kind of
liability depending on how the agreement is arranged; if Council does not
approve the$11.4 million in bonds today,then the City will incur a$500,000
penalty,along with the cost that the Texas Water Development Board has
already incurred;a Council Member's concern that the City is not clear on what
the Port is doing and vice versa;the$11.4 million is for the City to pursue
permits;the City and Port meet bi-weekly to discuss the desalination plant;
approving this bond today does not obligate the City to move forward with the
desalination plant; using groundwater does not make sense financially;a
Council Member's request to meet with Director Norton to discuss the
groundwater information;a Council Member's concern of the City spending$14
million without a decision of moving forward on the desalination plant;if the
state and other entities don't give the City the permit,then the City cannot
move forward with the desalination plant;the City is not legally obligated by
receiving a Request for Proposal(RFP),but issuing an RFP is making a good
faith statement that they wish to enter into a contract;there has not been a
unanimous decision to go forward with the desalination plant;there is no
penalty on the$200 million if the City does not go forward with the
desalination plant;there will be about 30 Million Gallons per Day(MGD)of
potable water at the Inner Harbor and about 40 MGD at La Ouinta;the entire
region consumes about 103 to 104 MOD;the$11.4 million is for the due
diligence;and the permits are site specific.
Mayor McComb referred to public comment
Errol Summerlin,Portland,TX called in and spoke in opposition to Item 20.
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Council Members and Director Norton discussed the following topics: this
water is potable and available for everyone in the City,it is not industrial
water;not one company said they would provide free water;according to the
Texas Commission on Environmental Quality(TCEQ),the City of Corpus Christi
has had a superior public water system for over three years;and only about
10%of the public water systems in the State of Texas achieve a superior water
rating.
Council Member Smith made a motion to approve the ordinance,seconded by
Council Member Barrera. This Ordinance was passed on first reading and
approved with the following vote:
Aye: 6- Mayor McComb,Council Member Barrera, Council Member Hunter, Council
Member Molina, Council Member Roy and Council Member Smith
Nay: 1 - Council Member Guajardo
Excused: 1 - Council Member Garza
Abstained: 1 - Council Member Hernandez
P. BRIEFINGS: (NONE(
Q. EXECUTIVE SESSION: (ITEM 21
Mayor McComb referred to Executive Session Item 21. The Council went into
Executive Session at 2:03 p.m.The Council returned from Executive Session at
3:06 p.m.
21. Executive Session pursuant to Section Texas Government Code§
551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05
to consult with attorneys concerning legal issues related to a potential
lease, license, interlocal agreement, and other legal documents related to
the potential placement of the police academy at or near Rodd Field
Road and Yorktown Blvd, and pursuant to Texas Government Code§
551.072 to discuss and deliberate the potential lease and/or value of real
property to be leased, licensed, or otherwise acquired at or near the
aforementioned locations.
This E-Session Item was discussed in executive session.
R. IDENTIFY COUNCIL FUTURE AGENDA ITEMS
Mayor McComb referred to Identify Future Agenda Items.
No items were discussed or identified.
S. ADJOURNMENT
This meeting was adjourned at 3:06 p.m.
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