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CITY
COUNCIL
AGENDA
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COI LIS
Chrlsti
August 29, 2000
1:45 p.m.
Certificates of Commendation - Gulf CoasL Girls T-Ball All-star National Champions
Proclamation declaring the month of September as "National Alcohol and Drug Addiction Recovery
Month"
AGENDA
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
CITY HALL - COUNCIL CHAMBERS
1201 LEOPARD
AUGUST 29, 2000
2:00 P.M.
PUBLIC NOTICE- THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE
PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL.
Members of the audience will be provided an opportunity to address the Council affer the Presentations section. Please speak
into the microphone located at the podium and state your name and address. Your presentation will be limitad to three minutes.
If you have a petition or other information pertaining to your subject, please present it to the City Secretary.
Si ud. Desea dirfgiree al Concilio y cree que su ingl~s es limitado, habr~ un intarpreta ingl~s-espallol en todas las juntas del
Concilio pare ayudarle.
Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact
the City Secretary's office (at 361 880-3105) at least 48 hours in advance so that appropriate arrangements can be made.
Mayor Samuel L. Neal, Jr. to call the meeting to order.
Invocation to be given by Pastor Robin McCullugh-Bade, Galllean Lutheran Church-ELCA.
C. Pledge of Allegiance to the Flag of the United States.
D. City Secretary Armando Chapa to call the roll of the required Charter Officers.
Mayor Samuel L. Neal, Jr.
Mayor Pro Tem Melody Cooper
Council Members:
Javier D. Colmenero
Henry Garrett
Arnold Gonzales
Rex A. Kinnison
Betty Jean Longoria
John Longoria
Mark Scott
City Manager David R. Garcia
City Attorney James R. Bray, Jr.
City Secretary Armando Chapa
MINUTES:
Approval of Regular Meeting of August 22, 2000. (Attachment # 1)
Agenda
Regular Council Meeting
August29,2000
--'~age 2
G.
2.a.
2.b.
BOARDS & COMMITTEE APPOINTMENTS: (NONE)
2:00 P.M. o PACKERY CHANNEL TAX INCREMENT ZONE:
Public Hearing on designating an area in the North Padre Island
Seawall Area as a Tax Increment Financing Distdct.(Attachment # 2)
First Reading Ordinance - Designating a certain area within the
jurisdiction of the City of Corpus Christi as a tax increment financing
district to be known as "Reinvestment Zone Number Two, City of
Corpus Christi, Texas", establishing a Board of Directors for such
Reinvestment Zone, and other matters relating thereto. (Attachment
# 2)
PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT
SCHEDU LED ON THE AGENDA. PLEASE LIMIT PRESENTATIONS
TO THREE MINUTES. IF YOU PLAN TO ADDRESS THE COUNCIL
DURING THIS TIME PERIOD, PLEASE SIGN THE FORM A T THE
REAR OF THE COUNCIL CHAMBER, GIVING YOUR NAME,
ADDRESS AND TOPIC. (A recording is made of the meeting; therefore,
please speak into the microphone located at the podium and state your name and
address. If you have a petition or other information pertaining to your subject,
please present it to the City Secretary.)
Si usted se dirige a la junta y cree que su ingl~s es limitado, habr'J un inte)rprete
ingles-espalfol en la reunion de la junta pare ayudarle.
PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF
PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERATE,
EMBARRASS, ACCUSE, OR SHOW ANY PERSONAL
DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL
MEMBERS, OR THE PUBLIC AT ANY COUNCIL MEETING.
PRESENTATIONS:
Public comment will not be solicited on Presentation items.
APPROXIMATELY 4:00 P.M. - Overview of Texas Department
of Transportation Projects by Distdct Engineer
* Update on the Automated Garbage Collection Pilot Program
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Agenda
Regular Council Meeting
August 29, 2000
~"~age 3
Presentation on the creation of a Corporation under Section 4A of the
Development Corporation Act of 1979 including a review of proposed
Articles of Incorporation. (Attachment # 3)
EXPLANATION OF COUNCIL ACTION:
For administrative convenience, certain of the agenda items am listed as
motions, resolutions, orordinances. If deemed appmpriate, the CityCouncil
will use a different method of adoption from the one listed; may finally pass
an ordinance by adopting it as an emergency measure rather than a ~vo
reading ordinance; or may modify the action specified. A motion to
reconsider may be made at this meeting of a vote at the last regular, or a
subsequent special meeting; such agendas are incorporated herein for
reconsideration and action on any reconsidered item.
CONSENT AGENDA
Notice to the Public
The following items are of a reutine or administrative nature. The Council has been
fumished with background and support materfal on each item, and/or it has been
discussed at a previous meeting. All items will be acted upon by one vote without
being discussed separately unless requested by a Council Member or a citizen, in
which event the item or items will immediately be withdrawn for individual
consideration in its normal sequence after the items not requi~ng separate
discussion have been acted upon. The remaining items will be adopted by one
vote.
CONSENT MOTIONS. RESOLUTIONS. ORDINANCES AND ORDINANCES
FROM PREVIOUS MEETINGS:
(At this point the Council will vote on all motions, resolutions and ordinances not
removed for individual consideration.)
Motion approving a supply agreement for approximately 43,600 hours
of temporan/custodial services for the Convention Center and
Coliseum in accordance with Bid Invitation No. BI-0156-00 with L.Ko
Jordan & Associates, Corpus Christi, Texas, based on low bid, for an
estimated annual expenditure of $353,160. The term ofthe contract
will be for twelve months with an option to extend for up to two
additional twelve-month periods, subject to the approval of the
supplier and the City Manager or his designee. Funds are budgeted
in FY00-01. (Attachment # 4)
CITY COUNCIL
PRIORITY ISSUES
(Rebr to legend at the end of the
agenda summary)
Agenda
Regular Council Meeting
August29,2000
""age 4
6.a.
6.b.
Motion approving the purchase of fourteen (14) radios with chargerc,
belt clips and batteries from CoroNet Ericsson, Ingleside, Texas, for
the total amount of $34,701.50. The award is based on sole source
and will be used by the Fire Department. Funds for three of the
radios am budgeted under the Fire Department's operating budget as
replacements. Funding forthe remaining eleven radios are available
under the WMD Grant Program. (Attachment # 5)
Motion authorizing the City Manager or his designee to execute a
Non-Residential Standard Performance Contract with Central Power
and Light for an LED Traffic Signal Changeout Program. (Attachment
# 6)
Motion approving the purchase of 488 LED traffic signals, 1,165 LED
pedestrian signals and kits, 836 LED traffic signal kits, and assorted
mounting hardware from the following companies for the following
amounts, in accordance with Bid Invitation No. BI-0097-00, based on
low bid and low bid meeting specifications. The LED equipment will
be installed by the Traffic Signals Division of the Street Department.
Funds have been budgeted in FY00-01. (Attachment # 6)
Control Technologies of Texas
Tomball. Texas
Items 1.1, 1.3, 3.1, 3.2, 4.1, 4,2, 11 & 12
$535,666.86
Consolidated Traffic Controls
Adinaton. Texas
Items 1.2, 1.4, 1.5, 1.6, and 2.0
$137,870.81
ACM Highway Products
Round Rock. Texas
Items 5.0,6.0,7.0, 8.0, 9.0 and 13.0
$173,705.70
Traffic Parts, lnc.
SDdna. Texas
Item 10.0
$7,128
Grand Totel: $854,371.37
Motion authorizing the City Manager or his designee to execute a
construction contract with Elite Construction Company for a total fee
not to exceed $224,180 for the Theodore Merchant "Buddy" Lawrence
House Renovation. (Attachment # 7)
Motion authorizing the City Manager or his designee to execute a
contract for professional services in the amount of $84,700 with
Bennett, Martin, Solka and Torno Architects, Inc. for the Senior
Community Services Central Kitchen. (Attachment # 8)
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Agenda
Regular Council Meeting
August29,2000
"-°age 5
10.a.
10.b.
Motion approving the application from Baylest, Inc. to temporarily
close the following street sections for the Baylest 2000 Festival,
September 29 - October 1,2000. (Attachment # 9)
a) Northbound Shoreline Boulevard (inside lane only), between
westbound Interstate 37 and Hughes Street, from 9:00 a.m.,
Wednesday, September 20 through 8:00 a.m. Friday,
September 29 and from 6:00 a.m., Monday, October 2 through
5:00 p.m., Wednesday, October 4, 2000.
b) Southbound Shoreline Boulevard (full closure), between
westbound Interstate 37 and Hughes Street, from 9:00 a.m.,
Wednesday, September 20 through 5:00 p.m., Wednesday,
October 4, 2000.
c) Northbound Shoreline Boulevard, (full closure), between
westbound Interstate 37 and Hughes Street, from 8:00 a.m.
Friday, September 29 through 6:00 a.m. Monday, October 2,
2000.
d) North Water Street (full closure), between Fitzgerald Street
and Hughes Street from 8:00 a.m. Friday, September 29
through 6:00 a.m., Monday, October 2, 2000.
e) Power Street, Resaca Street, Palo Alto Street, Fitzgerald
Street, and Hughes Street (full closures), each between Water
Street and N. Shoreline Boulevard, from 8:00 a.m., Friday,
September 29 through 6:00 a.m., Monday, October 2, 2000.
Motion authorizing the City Manager or his designee to accept a grant
in the amount of $144,290 from the State of Texas, Office of the
Governor, Criminal Justice Division for funding eligible under the FY
1999 Juvenile Accountability Incentive Block Grants Program and to
execute all related documents. (Attachment # 10)
Ordinance appropriating $144,290 from the State of Texas, Office of
the Governor, Criminal Justice Division, in the No. 1050 Federal/State
Grants Fund for funding eligible under the FY 1999 Juvenile
Accountability Incentive Block Grants Program; transferring $16,032
from the No. 6010 Law Enforcement Trust Fund and appropriating it
in the No. 1050 Federal/State Grants Fund as matching funds.
(Attachment # 10)
Motion authorizing the City Manager or his designee to accept a grant
in the amount of $137,514 and to execute a contract and all related
documents with Texas State Library and Archives Commission for the
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Agenda
Regular Council Meeting
August 29, 2000
--'°age 6
11.b.
12.a.
12.b.
13.a.
13.b.
14.a.
continued operation of the Interlibrary Loan Referral Center located
at the Corpus Chdsti Public Library° (Attachment # 11)
Ordinance appropdating $137,514 from the Texas State Library and
Archives Commission for operating the Interlibrary Loan Center by the
South Texas Library System, administered by the Corpus Christi
Public Library in the No. 1050 Federal/State Grants Fund.
(Attachment # 11)
Motion authodzing the City Manager or his designee to accept a grant
in the amount of $61,385 and to execute a contract and all related
documents with the Texas State Library and Archives Commission for
the continued operation of the Technical Assistance Negotiated Grant
Program administered by the South Texas Library System, which is
located at Corpus Christi Public Library for the State Fiscal Year
2000-01. (Attachment # 12)
Ordinance apprcpdating $61,385 from the Texas State Library and
Archives Commission for technical assistance to the South Texas
Library System administered by the Corpus Chdsti Public Library in
the No. 1050 Federal/State Grants Fund. (Attachment # 12)
Motion authorizing the City Manager or his designee to accept a grant
in the amount of $764,420 and to execute a contract and all related
documents with the Texas State Library and Archives Commission for
the continued operation of the South Texas Library System located at
Corpus Christi Public Library for the State Fiscal Year 2000-01.
(Attachment # 13)
Ordinance appropdating $764,420 from the Texas State Library and
Archives Commission to operate the South Texas Library System
administered by the Corpus Christi Public Library in the No. 1050
Federal/State Grants Fund. (Attachment # 13)
Motion authorizing the City Manager or his designee to sign a grant
agreement with the United States Department of the Intedor Bureau
of Reclamation in the amount of $205,065 for site security
improvements and enhancement at Choke Canyon Dam.
(Attachment # 14)
CITY COUNCIL
PRIORITY ISSUES
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agenda sum map/)
Agenda
Regular Council Meeting
August29,2000
.---Page 7
14.b.
15.
16.
17.
18.
19.
20.
Ordinance appropriating $205,065 from the United States Department
of Interior Bureau of Reclamation for site security improvements and
enhancement at Choke Canyon Dam in the No. 1050 Federal/State
Grant Fund. (Attachment # 14)
Motion approving an Interlocal Agreement with the Coastal Bend
Council of Governments for E9-1-1 Service, PSAP Equipment and
Addressing/Addressing Maintenance. (Attachment # 15)
Resolution authorizing the City Manager or his designee to execute
a Mutual Aid Fire Fighting Assistance Agreement between Naval Air
Station Corpus Chdsti and Corpus Christi Fire Department, Corpus
Christi, Texas. (Attachment # 16).
Resolution approving the dissolution of the Corpus Christi Health
Facilities Development Corporation. (Attachment # 17)
Ordinance abandoning and vacating a 1,541.72-square foot portion
of a 1 O-foot wide utility easement out of Lots A and B-3, Block 1,
Paisley Tract; requiring Shelby/Estus Realty Group, the owner of said
property, to comply with the specified conditions and replat the
property within 180 days at owners expense. (Attachment # 18)
Ordinance abandoning and vacating a 1,100-square foot portion of a
1 O-foot wide utility easement out of Lot 15, Block 38, King's Crossing
Unit 1, Phase 1 and Lot 17, Section 9, Flour Bluff and Encinal Farm
and Garden Tracts, requiring Williamson T. Hough, Jr., the owner of
said property, to comply with the specified conditions and replat the
property within 180 days at owners expense. (Attachment # 19)
Ordinance ordedng a Special Election to be held on November 7,
2000, in the City of Corpus Christi on the questions of authorizing
obligations of the City supported by ad valorem taxes and authorizing
a sales and use tax pursuant to Section 4A of Article 5190.6, Vemon's
Texas Civil Statutes; providing for procedures for holding such
election; providing for notice of election and publication thereof;
providing for establishment of branch eady polling places; designating
polling place locations; authorizing a joint election with Nueces
County; and enacting provisions incident and relating to subject and
purpose of this ordinance. (Attachment # 20)
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Agenda
Regular Council Meeting
August 29, 2000
"'age 8
21.
22.
PUBLIC HEARINGS:
ZONING CASES:
Case No. 0600-12. C.A. Kaczenski: A change of zoning from an "R-
1 B" One-family Dwelling District to a "B-1" Neighborhood Business
District on Alameda Park, Block 6, Lot 29, located on the east side of
Everhart Road, between Meridian ~hd Pompano Place. (Attachment
#21)
Planninq Commission's and Staffs Recommendation: Denial of the
"B-l" District, and in lieu thereof, approval of a "B-1A" Neighborhood
Business District.
ORDINANCE
Amending the Zoning Ordinance upon application by C.A. Kaczenski
by changing the zoning map in reference to Lot 29, Block 6, Alameda
Park, from "R-1B" One-family Dwelling District to "B-1A"
Neighborhood Business District; amending the Comprehensive Plan
to account for any deviations from the existing Comprehensive Plan.
Case No. 0600-13, E.V. DeLeon: A change of zoning from an "1-2"
Light Industrial District and "R-1 B" One-family Dwelling Distdct to a "B-
4" General Business District on 2.527 acres out of Forsmart Tract,
located on the northwest comer of Morgan Avenue and Espinosa
Street. (Attachment # 22)
Plannine Commission's and Staffs Recommendation: Approval of the
"B-4" District.
ORDINANCE
Amending the Zoning Ordinance upon application by E. V. DeLeon by
changing the zoning map in reference to the south 2.527 acres of
Forsman Tract out of Lots 1 and 2, J.P. Connell Farm Lots, from "R-
1 B" One-family Dwelling Distdct and "1-2" Light Industrial District to "B-
4" General Business District; amending the Comprehensive Plan to
account for any deviations from the existing Comprehensive Plan.
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Agenda
Regula: Council Meeting
August29,2000
Page 9
23.
24.
Case No. 0700-02. St. Luke's United Methodist Church: A change of
zoning from an "A-l" Apartment House District to a "B-l"
Neighborhood Business District on Lindale Park Unit 4, Block 36, Lots
1 and 2, located on the northwest comer of McCall Street and Reid
Drive. (Attachment # 23)
Planninc) Commission's and Staffs Recommendation: Denial of the
"B-1" District, and in lieu thereof, approval of a Special Permit for an
off-site parking lot with a two-year limit subjcj~ to five (5) conditions.
ORDINANCE
Amending the Zoning Ordinance upon application by St. Luke's
United Methodist Church by changing the zoning map in reference to
Lots I and 2, Block 36, Lindale Park Unit 4 (currently zoned "A-l"
Apartment House District) by granting a Special Permit for an off-site
parking lot, subject to five (5) conditions; amending the
Comprehensive Plan to account for any deviations from the existing
Comprehensive Plan.
Case No. 0700-04, Koch Petroleum Group L.P.: A change of zoning
from an "R-1B" One-family Dwelling District with a "SP" Special
Permit, "A-l" Apartment House District', "A-l" Apartment House
District with a "SP" Special Permit, and "B-1" Neighborhood Business
District to "B-3" Business District on Nueces Bay Heights Extension,
Block 25, Lots I through 4, and 17 through 20, located on the east
side of Nueces Bay Boulevard, between MOore and Minton Streets.
(Attachment # 24)
Plannine Commission's and Staffs Recommendation: Approval of the
"B-3" District.
ORDINANCE
Amending the Zoning Ordinance upon application by Koch Petroleum
Group, L. P. by changing the zoning map in reference to Lots 1
through 4 and 17 through 20, Block 25, Nueces Bay Heights
Extension, from "R-1B" One-family Dwelling Distdct, "R-1B" One-
family Dwelling Distdct with a "SP" Special Permit, "A-1" Apartment
House District, "A-l" Apartment House District with a "SP" Special
Permit, and "B-l" Neighborhood Business Distdct to =B-3" Business
District; amending the Comprehensive Plan to account for any
deviations from the existing Comprehensive Plan.
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Agenda
Regular Council~leeting
August29,2000
_Page 10
REGULAR AGENDA
CONSIDERATION OF MOTIONS, RESOLUTIONS. AND ORDINANCES:
25.
First Reading Ordinance - Amending the City Code of Ordinances,
City of Corpus Christi, Chapter 33, Offenses and Miscellaneous
Provisions, Article VI. Graffiti Control, by holding property owners
responsible for the removal of graffiti from their property; providing for
criminal prosecution for failure to remove graffiti from their property;
allowing the City, after reasonable notice, to remove the graffiti if the
property owner fails to do so; providing for an effective date.
(Attachment # 25)
26.
Ordinance amending the election ordinance adopted on August 29,
2000 (ordering a Special Election on November 7, 2000) to add a
ballot proposition for sale of certain park land. (Attachment # 26)
27.
Second Reading Ordinance - Prescribing the taxes to be levied,
assessed and collected by the City of Corpus Chdsti, Texas for tax
year 2000 and for each succeeding year thereafter until otherwise
provided and ordained and such other years as the same may be
applicable. (First Reading - 8/22/00) (Attachment # 27)
28.
Motion approving the 2000 Tax Levy of $47,727,872 based upon the
adopted tax rate of $.623726 per $100 valuation in accordance with
Section 26.09(e) of the Texas Property Tax Code. (Attachment # 28)
29.
Ordinance amending Ordinance No. 022393 to extend the Bayfront
Plaza Convention Center and Memodal Coliseum Concessionaire
Agreement with Noble Food Service, Inc. for a pedod of one year
(January 1, 2001 to January 1, 2002). (Attachment # 29)
N. EXECUTIVE SESSION:
PUBLIC NOTICE is given that the City Council may elect to go into
executive session at any time during the meeting in order to discuss matters
listed on the agenda, when authorized by the provisions of the Open
Meetings Act, Chapter551 of the Texas Government Code. In the event the
Council elects to go into executive session regarding an agenda item, the
section or sections of the Open Meetings Act authorizing the executive
session will be publicly announced by the presiding officer.
O. REPORTS:
CITY COUNCIL
PRIORITY ISSUES
(Refer to ~egend at the end of the
agenda summar/)
Agenda
Regular Council Meeting
August29,2000
Page 11
The following reports include questions by Council to Staff regarding City
policies or activities; request by Council for information or reports from Staff,'
reports cf activities of individual Council members and Staff,' constituent
concerns; current topics raised by media; follow-up on Staff assignments;
scheduling of future Council meetings and activities; and other brief
discussions regarding city-related matters.
30. CITY MANAGER'S REPORT
31.
32.
* Upcoming Items
MAYOR'S UPDATE
COUNCIL AND OTHER REPORTS
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summaW)
ADJOURNMENT:
POSTING STATEMENT:
This agenda was posted on the City's official bulletin board at the front entrance to
City Hall, 1201 Leopard Street, at 3:30 o.m., Auaust 25 ,2000.
City Secretary
NOTE:
The City Council Agenda can be found on the City's Home
Page at www.ci.corpus-christi.tx.us after 7:00 p.m. on the
Friday before regularly scheduled council meetings. If
technical problems occur, the agenda will be uploaded on
the Internet by Monday morning.
Symbols used to highlight action item that implement
council priority issues.
City Council
Priority Issues
Improvement in Delivery of Basic Services - Trash, Brush & Debds
Improvement in Delivery of Basic Services - Street & Road Maintenance
Improvement in Delivery of Basic Services - Park Maintenance
Improvement in Delivery of Basic Services - Animal Control
Improvement in Delivery of Basic Services - Quality Water
Improvement in Delivery of Basic Services - Lighting
Expansion of the Bayfront Plaza Convention Center
Capital Improvements Bond Issue
Successful Implementation of Crime Control District Objectives
Community Oriented Policing
Economic Development Plan
Storm Water Utility/Drainage
Completion of Airport Improvements
Assessment of Street Needs (Planned Street Program)
~Northside Plan
Additional Golf Course
Youth Crime Initiatives
Environmental Compliance
CDBG Funding Assessment
Pdvatizing Services
~lmprovement of Citizen Response System
Creation of a "Development Center'
Residential Communities Involved in Park Development
Ba~ront Developme.t Plan
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
August 22, 2000
12:05 p.m.
PRESENT
Mayor Samuel L. Neal Jr.
Council Members:
Javier D. Colmenero
Henry Garrett
Dr. Arnold Gonzales
Rex A. Kinnison
Betty Jean Longoria
John Longoria*
Mark Scott*
City_ Staff:
City Manager David tL Crareia
Deputy City Manager George Noe
City Attorney James R. Bray Jr.
City Secretary Annando Chapa
Recording Secretary Rechelle P. Ram6n
Mayor Pro Tem Melody Cooper
Mayor Neat called the meeting to order in the Council Chambers of City Hall.
The invocation was delivered by Rev. Stelios Sitsras, St. Nicholas Greek Orthodox Church,
following which the Pledge of Allegiance to the United States flag was led by Coun(~ Member Betty
Jean Longoria. City Secretary Chapa called the roll and verified that the necessary quorum of the
Council and the required charter officers were present to conduct the meeting. Mayor Neat called
for approval of the minutes of the Council Retreat of May 2, 2000, the regular meeting of Jniy 25,
2000, and the special meeting of August 4, 2000. A motion was made and passed to approve the
minutes as presented.
*Mr. Scott arrived at 12:07 p.m. and Mr. Longoria arrived at 12:08 p.m.
Mayor Neal referred to the board and committee appoinunents on the day' s agenda, and the
following appointments were made:
C.C. Downtown Management District
Ernest "Buz" Maxwell (Reappointed)
H.T. "Buster" Patterson (Reappointed)
Willard Hammonds St. (Reappointed)
Erik Lee Ward (Reappointed)
Wes Hoskin.~
Wayne Lundquist
Jennifer Quick
Mark Adame
Park & Recreation Advisory Committee
Marvin Spears (Reappointed)
Sandra Billish (Reappointed)
Robert Tamez (Reappointed)
Vie Menard (Reappointed)
Rome Gregorio
Minutes - Regular Council Meeting
August 22, 2000
Page 2
Cable Communications Commission
Hector Morales (Reappointed)
Joel Yowell
Mayor Neal announced the following executive sessions:
3.a. Executive session pursuant to Texas Government Code Section 551,071 regarding City of
Corpus Christi v. Advisory Commission on State Emergency Communications, No. 99-
02304, 201a District Court, Trayis County, Texas, with possible action related thereto in
open session.
3 .b. Executive session pursuant to Texas Government Code, Section 551.071 regarding AT&T
Cable television franchise negotiations with possible action related thereto in open session.
3.c. Executive session pursuant to Texas Government Code Section 551.071 regarding Jon
Hartrood et al v. City of Corpus Christi, No. 00-4149-G, 3'19th District Court, Nueces
County, Texas with possible discussion and action relamd thereto in open session. (The
executive session pursuant to Texas Government Code Section 551.071 regarding Five
Citizens of Corpus Christi v. City of Corpus Christi et al No. 00-275-G, 319th District Court,
Nueces County, Texas, was cancelled.)
The Coun(fi went into executive session. The Council returned from executive session.
Mayor Neal made the following motion, seconded by Council Member Colmenem:
3 .a. M2000-277
Motion directing the City's attorneys to appeal the District Court decision in City of Corpus
,.Christi v. Advisory Commission on State Emergency Communications, No. 99-02304, 20 1~
District Court, Trayis County, Texas.
The foregoing motion passed by the following vote: Neat, Colmenero, Garrett, Gonzales,
Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye"; Cooper absent.
Mayor Neat called for petitions from the audience.
Mr. Jack Gordy, 310 Norton St., said he had spoken with Mr. Jay Reining, First Assistant
City Attorney, who told him that the city has not issued citations for violations of the state Highway
Beautifieation Act. Mr. Gordy said he subsequently called the Austin office of the Texas Depa~'tment
of Transportation regarding Mr. Reining' s comments. He added that he has continuously complained
about specific locations of illegal signs and they are still there.
Mr. Roland Barrera, representing the Hispanic Contractors Association, said that while they
are pleased with the proposal to develop a minority conlra~tor/subconlractor participation plan, they
2
Minutes - Regular Council Meeting
August 22, 2000
Page 3
are still concerned about the need to include more participation in the airport terminal construction
project. He said they were not involved in the process for the airport project.
Mr. R.F. Hasker, 1813 Wallace, said a study released by the Galveston District Office of the
U.S. Army Corps of Engineers does not support the proposal to dredge Packcry Channel due to the
negligible environmental benefits in relation to the high cost of the project.
Mr. Phil Rosenstein said political candidates and their workers do not knowingly put up
political signs on state right-of-ways; rather, they are erected on private property. He said he agrees
with a previous comment by ME. Longoria that there are more important concerns in the city other
than enforcement of sign regulations. He said he feels the Highway Beautification Act on this matter
is discriminatory, ambiguous, and unconstitutional.
Mr. Rocco Montesano, Executive Director of the U.S.S. Lexington Museum on the Bay,
expressed his appreciation to the Council and city staff for their cooperation with the filming of the
film "Pearl Harbor," including the need to quickly close certain slxeels. He said the fill' s actors and
crew were impressed with Corpus Christi and would film here again if the oppommity arose.
Mr. J.E. O'Brien, 4130 Pompano, said since the Council has voted to appeal the suntreaty
judgment again.qt the city regarding the 50-cent charge for 9-I-I services (Item 3.a.), he suggested
that everyone' s telephone bills be reduced by 50 cents as promised by previous Councils. He also
invited Mayor Neat to welcome several hundred former aviation cadets and naval cadets who are
coming to Corpus Christi for a reunion on October 17, 2000.
Mr. Abel Alonzo, 1701 Thames, said that on behalf of the children in the county, he wished
to thank Mayor Neat and Council Members ConTales and Kinnison for appearing before the
Commissioners Court to express their concerns about the safety of children, which he said is an
issue that should have no dollar signs attached to it.
Mayor Neal called for consideration of the consent agenda (Items 4-27). Council members
and an audience member requested that Items 8 and 27 be withheld for discussion. City Secretary
Chaps polled the Council for their votes and the following were passed:
4. M2000-278
Motion authorizing the City Manager or his designee to execute an agreement to provide
$75,000 fxom the FY2000 Community Development Block Grant (CDBG) Program to Gulf
Coast Council of La l~aTa for improvements to the facility located at 2203 Baldwin
Boulevard.
The foregoing motion passed by the following vote: Neat, Collenero, Garrett, Gonzales,
Kirmison, B. Longotis, J. Longoria, and Scott voting "Aye"; Cooper absent.
Minutes - Regular Council Meeting
August 22, 2000
Page 4
5.a. M2000-279
Motion approving the reimbursement application submitted by Mark D. Stockseth, owner
and developer of Lot 1, Block 1, Stockseth Tract, for the installation of an off-site, over-
depth sanitary sewer collection line.
The foregoing motion passed by the following vote: Neal, Colmenero, Oarrett, ConTales,
Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye"; Cooper absent.
5 .b. ORDINANCE NO. 024138
Ordinance appropriating $101,929.71 in the No. 4220 Sanitary Sewer Line Trust Fund to pay
Mark D. Stockseth's reimbursement request for installing an off-site, over-depth sanitary
sewer collection line to develop Lot 1, Block I, Stockseth Tract.
An emergency was declared and the foregoing ordinance passed by the following vote: Neal,
Colmenero, Carfelt, Gonzales, Kinninon, B. Longoria, J. Longoria, and Scott voting "Aye";
Cooper absent.
6.a. M2000-280
Motion authorizing the City Manager or his designee to accept a grant in the mount of
$10,000 from the State of Texas Comptroller of Public Accounts for tobacco compliance and
prevention activities.
The foregoing motion passed by the following vote: Neal, Coimenero, Garrett, GoBTales,
,Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye"; Cooper absent.
6.b. ORDINANCE NO. 024139
Ordinance appmptiating $I0,000 in the No. 1050 Federal/State Gxants Fund fxom the State
of Texas Comptroller of Public Accounts for tobacco compliance and prevention activities.
An emergency was declared and the foregoing ordinance passed by the following vote: Neal,
Coimenero, Garrett, C, vonTales, Killnisol~, B. Longoria, J. Longoria, and Scott voting "Aye";
Cooper absent.
7.a. M2000-281
Motion authorizing the City Manager or his designee to execute an contract with the Texas
Depaxtment of Protective and Regulatory Services for funding in the mount of $500,000
fxom the Community Youth Development Program forthe 78415 Zip Code for projects as
recommended by the Community Youth Development Steering Committee.
4
Minutes - Regular Council Meeting
August 22, 2000
Page 5
The foregoing motion passed by the following vote: Neal, Colmenero, Garrett, GoBTales,
Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye"; Cooper absent.
7.b. ORDINANCE NO. 024140
Ordinance appropriating $500,000 from the Texas Department of Protective and Regulatory
Servicos in the No. 1060 Federal/State Grants Fund to fund the Community Youth
Development Program in the 78415 zip code.
An emergency was deelarecl and the foregoing ordinance passed: Need, Colmenem, Garrett,
Gonzales, Kinnison, B. Longofia, J. Longofia, and Scott voting "Aye"; Cooper absent.
7.c. M2000-282
Motion authorizing the City Manage or ins designee to execute a subcontract with
Communities in Schools, Inc. in the mount of $333,355 to provide services for youth ages
6 to 17 inthe 78415 zip code.
The foregoing motion passed by the following vote: Neal, Colmenero, Garrett, GonTales,
KinnisoR, B. Longofia, i. Longofia, and Scott voting "Aye"; Cooper absent.
7.d. M2000-283
Motion authorizing the City Manager or ins designee to execute a subcontract with the
Housing Authority of Corpus Christi in the amount of $23,758 to provide services for youth
ages 17 years of age and under in the 78415 zip code.
'The foregoing motion passed by the following vote: Neal, Colmenero, Garrett, Gonzales,
Kinnison, B. Longofia, J. Longoria, and Scott voting "Aye"; Cooper absent.
7.e. M2000-284
Motion authorizing the City Manager or his designee to execute a subcontract with the Park
and Recreation Department in the amount of $20,141 to provide services for youth ages 6
to 17 in the 78415 zip code.
The foregoing motion passed by the following vote: Neal, Colmenero, Garrett, Gonzales,
Kinnlson, B. Longoria, J. Longoria, and Scott voting "Aye"; Cooper absent.
7.£ M2000-285
Motion authorizing the City Manager or ins designee to execute a subcontract with Youth
Odyssey, inc. in the amount of $33,215.00 to provide services for youth ages 12 to 17 in the
78415 zip cude.
Minutes - Regular Council Meeting
August 22, 2000
Page 6
The foregoing motion passed by the following vote: Neal, Colmenero, Crarrett, GonTa!es,
Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye"; Cooper absent.
9.a_ RESOLUTION NO. 024141
Resolution accepting a $15,000 grant from Texas Department of Transportation to develop
a communication plan to promote pedestrian safety and authorizing the City Manager or his
designe¢ to execute all related documents.
The foregoing resolution passed by the following vote: Neal, Colmenero, Garrett, GonTMes,
Kinninon, B. Longoria, J. Longoria, and Scott voting "Aye"; Cooper absent.
9.b. ORDINANCE NO. 024142
Ordinance appropriating $15,000 received from Texas Department of Transportation in the
No. 1050 Fecleml/State Grants Fund to develop a communication plan to promote pedestrian
safety.
An emergency was declared and the foregoing ordinance passed by the following vote: Neal,
Colmenero, ~ Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye";
Cooper absent.
10.a. M2000-287
Motion authorizing the City Manager or his designee to accept a grant from the Coastal Bend
Regional Advisory Council in the mount of $3,358.05 to be used to purchase computer
equipment for the Corpus Cb_~sti Fire Department's EMS Division.
The foregoing motion passed by the following vote: Neff, Colmenero, Garrett, Gonzales,
Kinnisort, B. Longoria, J. Longoria, and Scott voting "Aye"; Cooper absent.
10.b. ORDINANCE NO. 024143
Ordinance appropriating $3,358.05 from a grant from the Coastal Bend Regional Advisory
Council in the No. 1050 Federal/State Grants Fund to purchase computer equipment for EMS
Department.
An emergency was declared and the foregoing ordinance passed by the following vote: Neal,
Cohlenero, ~ GonTalas, Kinni~on, B. Longoria, J. Longoria, and Scott voting "Aye";
Cooper absent.
ll.a. M2000-288
Motion authorizing the City Manager or his designee to accept a renewal grant in the mount
Minutes - Regular Council Meeting
August 22, 2000
Page 7
of $196,866 and execute a contract with the Corporation for National and Community
Service for the continuation of the Senior Companion Program.
The foregoing motion passed by the following vote: Neal, Colmenero, Garrett, Gonzales,
Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye"; Cooper absent.
11 .b. ORDINANCE NO. 024144
Ordinance appropriating $196,866 from a grant from the Corporation for National and
Community Service in the No. 1050 Federal/State Grants Fund for the Senior Companion
Program.
An emergency was declared and the foregoing ordinance passed by the following vote: Neal,
Colmenero, G-arrett, GonTa!es, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye";
Cooper absent.
12.a. ORDINANCE NO. 024145
Ordinance transferring $741,744 from the No. 1020 General Fund to the No. 1050
Federal/State Grants Fund; appropriating $741,744 in the No. 1050 Federal/State Grants
Fund as matching funds for Senior Community Service Programs.
An emergency was declared and the foregoing ordinance passed by the following vote: Neal,
Colmenero, Garrett, Go~Tales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye";
Cooper absent.
12.b. ORDINANCE NO. 024146
Ordinance appwpriating $25,000 from the Senior Community Services reserve funds as
matching funding for Senior Community Service Programs in the No. 1050 Federal State
Grants Fund.
An emergency was declared and the foregoing ordinance passed by the following vote: Neal,
Colmenero, Cran~ Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye";
Cooper absent
13.a. M2000-289
Motion authorizing the City Manager or his designec to execute Attachments No. 02, 03, and
04 to Contract No. 7460005741-2001 with the Texas Depathaent of Health in the mount
of $162,823 for tuberculosis prevention and control, $124,258 for ilxtmuni Tation services,
and $117,975 for regional/local health operations.
The foregoing motion passed by the following vote: Neat, Colmenero, Garrett, Gonzales,
7
Minutes - Regular Council Meeting
August 22, 2000
Page 8
Kinrdson, B. Longoria, J. Longoria, and Scott voting "Aye"; Cooper absent.
13.b. ORDINANCENO. 024147
14.
Ordinance appropriating a grant from the Texas Deparnnent of Health in the mount of
$405,056 in the No. 1050 Federal/State Grants Fund; $162,823 for tuberculosis prevention
and control; $124,258 for immttniTation services; and $117,975 for regional/local health
operations.
An emergency was declared and the foregoing ordinance passed by the following vote: Neal,
Coknenero, Carfelt, Contales, Kinnison, B. Longotia, J. Longoria, and Scott voting "Aye";
Cooper absent.
R F. SOLUTION NO. 024148
Resolution supporting the application by Nueces County for funding for the restoration of
the Historic Nueces County Courthouse from the Texas Historic Courthouse Preservation
Program.
The foregoing resolution passed by the following vote: Neat, Colmenero, Crarrett, Gonzales,
Kinnlson, B. Longoria, J. Longoria, and Scott voting "Aye"; Cooper absent.
15. ORDINANCE NO. 024149
16.
Ordinance authorizing the City Manager or his designee to execute a Use Privilege
Agreement with Williams Communicatious, Inc. dba VYVX Inc., in Texas for the right to
in.qtall, and maintain 30,753 1.f. of fiber optic communications cable in city street right-of-
ivay (Cantwell Drive, Sam Rankin Street, North Alameda, Savage Lane, Carancahua, Up
River Road, Palm Drive, Comanche Street, 19e Street, Howard Street, Kinney, Waco,
Blueher end North Carancahua); establishing a fee of $36,753.
An emergency was declared and the foregoing ordinance passed by the following vote: Neat,
Colmenero, ~ GonTales, Kinni~on, B. Longoria, J. Longoria, and Scott voting "Aye";
Cooper absent.
ORDINANCE NO. 024150
Ordinance authorizing the City Manager or his designee to execute a Use Privilege
Agreement with the United States General Servicas Admini.qtratiOll for the right to consm~ct,
install and maintain enhanced pedestrian walkways, retaining walls, landscaping, and
architeettwal lighting (in association with the new Federal Courthouse) in the street right-of-
ways of a portion of IH 37 end Shoreline for the consideration of the General Services
Administration constructing, installing and maintaining the improvements.
Minutes - Regular Council Meeting
August 22, 2000
Page 9
17.
18.
An emergency was declared and the foregoing ordinance passed by the following vote: Neal,
Colme, nero, Cratrgtt, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye";
Cooper absent.
ORDINANCE NO. 024151
Ordinance amending Ordinance No. 023395 by authorizing the City Manager or his designee
to extend until February 1, 2001, the 24-month Use Privilege Agreement (authorized by
Ordinance No. 023395) with Fulton Constmction/Coastcon Corporation, a joint venture, to
use a portion of the bayfront improvements/IH 37 park (Gateway Park) "Park Project" as a
cons~'uction yard in conjunction with its conslxuction of the new U.S. Federal Courthouse,
in consideration of payment of $917 per month to the Unrestricted Park Trust Fund and
indemnifying excess park construction costs as set out in the agreement.
An emergency was declared and the foregoing ordinance passed by the following vote: Neff,
Colmenero, Garrctt, Gon~ales, Kinnison, B. Longoria, J. Longoda, and Scott voting "Aye";
Cooper absent.
ORDINANCE NO. 024152
Ordinance approving the amount of $153,384.44 (from King's Crossing Realty, Ltd.) as
developer' s contribution for in lieu of the half street construction (with supporting public
utility infrasmactm) of Snasbourg Drive and Loire Boulevard, as required by development
of King's Crossing Unit 13, Block 2, Lot 1; and establishing a City interest-bearing account
in the Infrastructure Trust Fund for the deposit of developer's contribution; and restricting
said monies for the completion of "improvements" at the time of platting and development
..of the properties directly adjacent to and abutting the secured "improvement" opposite
King's Crossing Unit 13, Block 2, Lot 1.
An emergency was declared and the foregoing OrdinalIce passed by the following vote: Neff,
Colmenero, Gaxrett, ConTales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye";
Coopor absent.
19. ORDINANCE NO. 024153
Ordinance approving $53,115.11 (from King's Crossing Realty, Ltd.) as developer's
contribution for in lieu of half street construction (with supporting public utility
infrastructure) of Strasbourg Drive, as required by the development of King's Crossing Unit
13; and establishing a city interest-bearing account in the Infrastructure Trust Fund for
deposit of developer's contribution; and restricting said monies for completion of
"improvements" at time of platting and development of properties direc~y adjacent to and
abutting the secured "improvement" opposite King's Crossing Unit 13.
An emergency was declared and the foregoing ordinance passed by the following vote: Neff,
Minutes - Regular Council Meeting
August 22, 2000
Page 10
20.
Colmenero, Carfelt, GonTMes, Kinnison, B. Longoria, J. Longotia, and Scott voting "Aye";
Cooper absent.
ORDINANCE NO. 024154
OrdinanCe appmving $51,653.70 (from Braselton Land Ventures Inc.) as developer's
contribution for in lieu of half street cometion of Patti Drive (with supporting public
utility infrastructure), as required by development of The Village at Dunbarton Oak Unit 1;
and establishing a city interest-bearing account in the Infrastructure Trust Fund for deposit
of developer' s contribution; and restricting said monies for completion of "improvements"
at time ofplattin~ and development of properties direc~y adjacent to and abutting the secured
"improvements" opposite The Village at Dunbarton Oak Unit 1.
An emergency was declared and the foregoing ordinance passed by the following vote: Neai,
Colmenero, ~ ConTales, Kinni~on, B. Longoria, J. Longoria, and Scott voting "Aye";
Cooper absent.
21. M2000-290
Motion setting a Public Hearing to be held September 26, 2000 on the November 7, 2000
Economic Sales Tax Ballot Propositions.
The foregoing motion passed by the foilowing vote: Neal, Coimenero, Garrett, Gor~Tales,
Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye"; Cooper absent.
22.a. RESOLUTION NO. 024155
Resolution authorizing the City Manager or his designee to accept the Federal Aviation
Administration Grant No. 3-48-0051-30-00 in the mount of $51M,000 for the purchase of
a replacement ARFF Truck with Extendible Elevated Waterway, Driver' s Enhanced Vision
System (DEVS) and Personal Protective Clothing.
The foregoing resolution passed by the following vote: Neai, Colmenero, Garrett, Gonzales,
I~innisOn, B. Longoria, J. Longoria, and Scott voting "Aye"; Cooper absent.
22.b. ORDINANCENO. 024156
Ordinance appropriating $504,000 from the Federal Aviation .~ drnlni gtration Grant No. 3-48-
0051-30-00 in the No. 3020 Airport Capital Improvement Fund to purchase of a replacement
ARFF Truck with Extendible Elevated Waterway, Driver's Enhanced Vision System
(DEVS), and Personal Protective Clothing.
An emergency was declared and the foregoing ordinance passed: Neai, Colmenero, Garrett,
Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye"; Cooper absent.
10
Minutes - Regular Cotmcil Meeting
August 22, 2000
Page 11
23.a~ RESOLUTION NO. 024157
Resolution authorizing the City Manager or his designee to accept Federal Aviation
Admini~ix ation Grant No. 3-48-0051-29-00 in the mount of $69,636 for the construction
of airfield access road.
The foregoing resolution passed by the following vote: Neal, Colmenero, Crarrett, GonTales,
Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye"; Cooper absent.
23.b. ORDINANCE NO. 024158
24.
25.
Ordinance appropriating $69,636 from Federal Aviation AdmlnisU'ation Grant No. 3-48-
0051-29-00 in the No. 3020 Airport Capital Improvement Fund; appropriating $7,737 in the
No. 4610 Airport Fund from Capital Reserves and transferring it to and appropriating it in
the No. 3020 Airport Capital Improvement Fund; for construction of airfield access roads;
amending Ordinance No. 024130, which adopted the FY 00-01 Budget by adding $7,737 to
the No. 4610 Airport Fund.
An emergency was deeled and the foregoing ordinance passed: Neal, Colmenero, Garrett,
Gonzales, Kinnison, B. Longofia, J. Longoria, and Scott voting "Aye"; Cooper absent.
RESOLUTION N0. 024159
Resolution authorizing the City Manager or his designee to accept Federal Aviation
Administration Grant No. 348-005 I-31-00, contingent upon receipt of the grant offer, in the
amount of $800,000 for the Terminal Apron Improvements project.
"The foregoing resolution passed by the following vote: Neal, Colmenero, Crarrett, Gonzales,
Kinnison, B. Longofia, J. Longoria, and Scott voting "Aye"; Cooper absent.
ORDINANCE NO. 024160
Authori?jnE the City Manage or his designee to execute four separate five-year farm leases
to Koeurek Farms for utilization of 244.12 acres; T. M. and D. H. Bernsen Farms for
utilization of 336.78 acres; McDonough Farms for utilization of 359.45 acres; and Kelly
Farms for utiliTation of 494.1 acres of land located at Corpus Christi Iutemational Airport,
with each lessee paying a rental fee of $25 per acre per year.
The foregoing ordinance passed on second reading as follows: Neal, Colmenero, Garrett,
Gon~ales, Kinnison, B. Longofia, J. Longofia, and Scott voting "Aye"; Cooper absent.
26. ORDINANCE NO. 024161
Amending the City of Corpus Christi, Code of Ordinances by revising Chapter 15,
11
Minutes - Regular Council Meeting
August 22, 2000
Page 12
Emergency Management, regarding powers, duties and responsibilities of the Office of
Emergency Mana~emant; providing for the declaration of a local state of disaster, and other
emergency orders; providing for Mayoral designation of certain emergency management
officials, providing for penalties.
The foregoing ordinance passed on second reading as follows: Neat, Colmenero, Garrett,
Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye"; Coopor absent.
Mayor Neal opened discussion on Item 8, beach cleaning. Council Member Scott said he had
received a complaint from the Island House condominiums that the city was doing a poor job of
cleaning the beach in front of the seawall. City Secretary Chapa polled the Council for their votes:
8. M2000-286
Motion authorizing the City Manager or his designec to execute all necessary documents for
continued financial assistance through the General Land Office for beach cleaning and life
guarding on Padre Island during FY 2000-01.
The foregoing motion passed by the following vote: Neat, Colmenero, Crarrett, Go,Tales,
Kinnlson, B. Longoria, J. Longoria, and Scott voting "Aye"; Cooper absent.
Mayor Neat opened discussion on Item 27, FY2000-01 capital budget.
Mr. J.E. O'Brien said his main objection is to the inclusion of the Packcry Channel project
in Years 2 and 3 of the capital improvement program.
City Secretary Chapa polled the Council for their votes as follows:
27. ORDINANCE NO. 024162
Approving the FY 2000-2001 Capital Budget in the amount of $143,347,400.
The foregoing ordinance passed on second reading as follows: Neal, Colmenero, Garreth
Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye"; Cooper absent.
Mayor Neat referred to the presentation on the day's aganda. Mr. Angel Escobar, Director
of Engineering Services, gave a review of the airport terminal consInaction project. Using a computer
presentation, Mr. Escobar explained that in 1997 an inspection revealed potential smacmral problems
12
Minutes - Regular Council Meeting
August 22, 2000
Page 13
with the existing terminal building. The following year, John F. Brown conducted a feasibility study
to determine the maximum amount of funding the airport could generate for capital improvement
projects without ufiliTing other city fun&. In April 1999 Arthur G-ensler 8: Associates were selected
as the project architect for the airport reconstruction project, and on August I 1, 2000, bids for
constructing the new facility were opened.
Mr. Escobar said the $36.1 million airport capital improvement project involves the
following entities: the City Council, the airport, the Airport Board, the airlines, the Federal Aviation
/~dministration, and the terminal tenants. The overall project has been separated into 10 separate
projects: temporary terminal, $1.5 million; madmy and parking improvements, $7.8 million; aircraft
apron, $2.7 million; terminal reconstruction, $22 million; airport wastewater lift station relocation,
$520,000; tower demolition and paving, $185,000; tower asbestos removal, $60,000; airfield
electrical projects, $515,000; service road, $70,000; and airfield lighting improvements, $750,000.
Mr. Escobar then reviewed the separate projects. He said the temporary terminal (Phase
1/Conuact No. 1 ), which is about 67% complete, was scheduled first in order to permit continuous
operation during demolition of the old terminal and construction of the new facility. The terminal
reconstruction (Phase 2/Contract No. 4) cousists of the remodeling of the west portion of the
terminal as well as construction of the new facility. He said the new terminal is scheduled for
completion by Thanksgiving 2002. He also referred to diagram~ comparing the layout of the current
facility versus the planned facility.
The En'gmeering Director said that bids for the aircraft apron project (Phase 3/Contract No.
3) are scheduled to be opened on August 30, 2000. He said that project is necessary to meet FAA
space separation requirements and it will permit the use of larger alrcTaft. The roadway and parking
improvements (Phase 4/Contract No. 2) are cm'ren~y beIng designed by Russell-V eteto Engineering
(a local, firm) and that conuact is anticipated to be awarded in January 2001. He said the project will
provide for a new entry roadway, landscaping and parking facilities and it is being timed to facilitate
efficient holiday operations.
He continued that the airport wastewater lift station relocafion (Phase 5/Contract No. 5) is
also curren~y being designed. It will be relocated during the terminal consffuction to provide for
continuous wastewater service to the terminal and other airfield tenants. Mr. Escobar noted that that
project is being funded by the wastewater utility and not through airport funds. The airfield lighting
control improvements (Phase 6/Contract No. 10) are necessary to provide the new FAA tower with
the newest technology and safety improvements in airfield lighting contxols. The architectural and
engineering contract is currently under negotiation and its anticipated completion is November 2001.
Mr. Escobar said the airfield electrical projects (Phase 7/Contract No. 8) will allow for the
relocation of the beacon, which is necessary due to the new FAA tower. It will also include an
emergency generator to provide enhanced electrical capacity for the new terminal building and
expanded airfield lighting. The tower asbestos removal (Phase 8/Contract No. 7) will permit the
demolition of the existing control tower in compliance with applicable TN'RCC regulations, and the
tower demolition and paving project (Phase 9/Contract No. 6) will provide for the demolition of the
Minutes - Regular Council Meeting
August 22, 2000
Page 14
old tower upon occupancy of the new FAA tower. The construction of two service roads (Phase
1 O/Contract No. 9) will allow for the separation of vehicular lraffic from aircraft traffic along the
airside space, thus completing the airport terminal capital improvement program.
Mr. Escobar noted that this whole program has been carefully planned in phases to ensure
that the existing airlines and other airport tenants are kept in operation throughout the construction
period. He said the current program design does not require the city to hire an additional project
msnsger to oversee construction, The single contract for the terminal reconstruction phase relies on
the use of a general contractor' s staff, rother than city staff or consultant' s staff, and effectively
utiliTes the limited time allotted for construction. It also increases accountability that the project will
be completed on time and within the available funding.
Mr. Escobar said staff has reviewed the credentials and submittals of the low bidder, Fulton
Constmction/Coastcon, and the consulting architects have recommended that the Council consider
awarding the contract to that company with the base bid and each of the six additive alternates.
Responding to Council Member GonTsles, Mr. Escober said the total cost of the 10 phases
of the project is $36.1 million. Council Member Betty Jean Longoria asked about the original
architect of the terminal building. City Attorney Bray stated that the statute of repose is 10 years on
architects and engineers. City Manager G-arcia pointed out that since the city is the owner of the
terminal facility, it is the city's responsibility to maintain it in a safe condition. He added that the old
terminal experienced a failure in the post-teusioning system of the concrete.
In reply to Council Member Colmenem, Mr. Escobar briefly explained the coustmction of
the temporary terminal by Beecroft Construction. Council Member Oarrett asked about Pinson
Drive, and Mr. Dave HamticK Airport Operations Manager, said it will remain open during and after
the airport construction project.
Mayor Neal opened discussion on Item 28, minority contractor/subcontractor participation.
He explained that he and other Council members recen~y met with representatives from various
groups following the discussion of the airport contract. He said in an attempt to arrive at a fair way
m deal with similar projects in the future, he was submitting this proposal for the formation of an
advisory committee, which will develop and recommend plans to allow for maximum minority/small
contractor and subcontractor participation in construction projects.
Council Member GownTales said that while the formation of this committee should help the
city in the future, he did not think there was any need to include the Hispanic, Black, and Corpus
Christi Chambers of Commerce, the Convention end Visitors Bureau, or the C.C. Regional
Economic Development Corporation. He said the committee should consist of representatives in the
construction fields and they should not have to waste their time explaining things to others who are
unfamiliar with those activities.
14
Minutes - Regular Council Meeting
August 22, 2000
Page 15
Council Member Kinnison said he wanted to make sure that this committee would not be
setting policy, which is the role of the Council. Mayor Neat said the purpose of having the committee
under the direction of the City Engineer and the Engineering staff was to allow those discussions to
take place in the early stages. He said he would leave that up to the Engineering DeparUnent to bring
whatever recommendations they make to the Council.
Council Member John Longoria said if the Hispanic Chamber of Commerce was excluded
from this committee, coalactors that are memben of the Hispanic Chamber but not other
organizations risk being excluded or uninformed about upcoming projects. A discussion ensued.
Council Member Cohnenero said it is important to have individuals who know and understand the
industry well without creating another bureaucracy.
Mayor Neal called for public comment.
Mr. Isidore SalaTar, Chaimaan of the Hispanic Contractors Association, said he thought the
committee should be limited to people who are consUuedon-oriented. He said their job would be
more difficult if they had to educate the other members of the committee.
Dr. GoaTales made a motion to exclude the following organiTmions from the committee:
Convention and Visitors Bureau, C.C. Regions! Economic Development Coxpotation, Corpus Cba'isti
Chamber of Commerce, Hispanic Chamber of Commerce, and Black Chamber of Commerce;
seconded by Mrs. Longori City Secretary Chapa polled the Council and the motion to mend Item
28 failed to pass by the following vote: Cohnenero, GOnzaleS, and B. Longoria voting "Aye"; Neat,
Carfelt, Kinnlson, J. Longoda, and Scott voting "No"; Cooper absent.
Mr. Chapa then polled the Council for their votes on Item 28 as follows:
28. ~M2000-291
Motion authorizing the City Engineer to appoint an advisory committee to develop and
recommend plans to allow maximum minority/small contractor and subconlractor
participation in the various conslmction projects.
The foregoing motion passed by the following vote: Neat, Colmenero, C_mrrett, ](innisoll, B.
Longoria, J. Longoria, and Scott voting "Aye"; Conyales voting "'No"; Cooper absent.
Mayor Neal opened discussion on Item 29, airport bonds. Mr. Jeff Lenschel, of McCall,
Parkhurst and Horton, bond counsel to the city, said the three ordinances that relate specifically to
the bonds are designed to achieve several purposes. The master ordinance sets forth all the basic
covenants and requirements for the operation and funding of the revenue finance system for the
airport. He said the bonds are secured solely by the revenues generated at the airport, including
passenger facility charges, and none of the funds (such as the General Fund) are available as security
15
Minutes - Regular Council Meeting
August 22, 2000
Page 16
for the payment of debt service on the bonds.
Mr. Leuschel said there are two separate series of bonds. The Series 2000A bonds (specified
private activity bonds) are to finance improvements at the terminal. The Series 2000B bonds
(traditional municipal bonds) will be used to finance improvements to the madways, parking loll,
etc. He noted that the Internal Revenue Code specifies a procedure to solicit public comment on the
private activity bonds. He said a notice was published in the August 6, 2000 edition of the Corpus
Christi Caller-Times to meet those requirements about the hearing. A motion was made, seconded,
and passed to open the public hearing to receive comments from the audience.
Mr. J.E. O'Brien said his comments are not directed against this project. However, he said
there is a concern about issuing more debt without voter approval, for which he gave specific
examples. He asked if there was a shortage of airport revenues, whether the old bonds would have
to be paid for from property taxes.
Mr. Leuschel replied that the statutes which authorize the city to issue airport revenue bonds
do not require an election to be held. With respect to the general obligation bonds, the model that
has been presented on the finances takes into account the continued Iransfers from the Airport Fund
to pay the debt service on those bonds. However, if there are not sufficient revenues after paying the
revenue bonds' debt service, then ad valorera taxes would be made available to pay the debt service
on the general obligation bonds.
Mayor Ncal then made a motion to close the public hearing, seconded by Council Member
Colmenero, and passed (Cooper absent).
Mr. Jorge Cruz-Aedo, Director of Finance, said that on August 17th the Series A and B bonds
were pri.ced for their potential sale. He noted that this is the first airport bond issue based solely on
the alrport's revenues. The Series A bonds are $13.01 million and the Series B bonds are $9.64
million, for a total of $22.65 million. He then described the ratings of the bonds and their use. Mr.
Mark Seal, of M.E. Allison and Company, cernmented on the financial environment during this bond
sale.
City Secretary Chapa polled the Council for their votes as follows:
29.a. ORDINANCE NO. 024163
Master Ordinance establishing the General Airport Revenue Bond Financing Program with
respect to the Issuance of Obligations by the City of Corpus Christi, Texas payable from
General Airport Revenues.
An emergency was declared and the foregoing ordinance passed by the following vote: Neal,
Colmenero, Garxett, GonT~les, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye";
Cooper absent.
16
Minutes o Regular Council Meeting
August 22, 2000
Page 17
29.b. ORDINANCE NO, 024164
First Ordinance supplementing the Master Ordinance authorizing the issuance, sale, and
delivery of City of Corpus Christi General Airport Revenue Bonds, Series 2000A (exempt
facility bonds); and appmving and authorizing instruments and procedures relating thereto.
An emergency was declared and the foregoing ordinance passed by the following vote: Neal,
Colmenero, Oarfelt, GonTa!es, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye";
Cooper absent.
29.e. ORDINANCE NO. 024165
Second Ordinance supplementing the Master Ordinance authorizing the issuance, sale, and
delivery of City of Corpus Cb_dsti General Airport Revenue Bonds, Series 2000B, and
approving and authorizing inslxuments and procedures relating thereto.
An emergency was declared and the foregoing ordinance passed by the following vote: Neat,
Colmenero, Garrett, Oonzalas, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye";
Cooper absent.
29.d. ORDINANCE NO. 024166
Ordinance appropriating $13,010,000 fxom the proceeds of the sale of City of Corpus Christi
General Airport Revenue Bonds, Series 2000A (exempt facility bonds) in the No. 3024
Airport 2000A Capital Improvement Program Fund for the purpose of constructing,
improving, renovating, enlarging and equipping the Corpus Christi International Airport.
An emergency was declared and the foregoing ordinance passed by the following vote: Neat,
Coimenero, Garrett, ConTales, Kinnlsen, B. Longoria, J. Longoria, and Scott voting "Aye";
Cooper absent.
29.e. ORDINANCE NO. 024167
Ordinance appropriating $9,640,000 from the proceeds of sale of City of Corpus Christi
General Airport Revenue Bonds, Series 2000B in the No. 3025 Airport 2000B Capital
Improvements Program Fund for the purpose of coustmcting, improving, renovating,
enlarging and equipping the Corpus Christi Lntemational Airport.
An emergency was declared and the foregoing ordinance passed by the following vote: Neal,
Coimenem, Garrett, 0onrales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye";
Cooper absent.
17
Minutes - Regular Council Meeting
August 22, 2000
Page 18
Mayor Neal opened discussion on Item 30, airport terminal construction contract. There were
no comments from the audience. Council Member John Longoria expressed confidence in Mr.
Fuiton's ability to construct this facility. City Secretary Chapa polled the Council for their votes:
30.a. ORDINANCE NO. 024168
Ordinance appmprialing $2,299,303 in Passenger Facility Charges in the No. 4620 Passenger
Facility Charges Fund for the Corpus Christi International Airport Terminal Building.
An emergency was declared end the foregoing ordinance passed by the following vote: Neal,
Cohnenero, Carfelt, ConTales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye";
Cooper absent.
30.b. M2000-292
Motion anthoriTing the City Manager or his designee to execute a construction contract with
Fulton Construetion/Coastcon, A Joint Venture in the amount of $16,472,000 forthe Corpus
Christi International Airport Terminal Construction Project.
The foregoing motion passed by the following vote: Neal, Cohnenero, Garrett, Gonzales,
Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye"; Cooper absent.
Mayor Neal opened discussion on Item 31, tax year 2000. There were no comments from the
audience. City Secretary Chapa polled the Council for their votes as follows:
3 1. 'FIRST RRADING ORDINANCE
Prescribing the taxes to be levied, assessed and collected by the City of Corpus Christi, Texas
for tax year 2000 and for each succeeding year thereafter until otherwise provided and
ordained and such other years as the same may be applicable.
The foregoing ordinance passed on first reading by the following vote: Neal, Colmenero,
Garrett, Gonzales, Kinrdson, B. Longoria, J. Longoria, and Scott voting "Aye"; Cooper
absent.
Mayor Neff opened discussion on Item 32 regarding combination tax and revenue certificates
of obligation. There were no comments from the audience. Responding to Council Member
Kinnison, City Manager Garcia said this includes the interest payments that were accrued to the
Utility Funds for the amount that they were borrowed; consequently, they will be made whole for
the original amount plus earned interest. City Secretary Chapa polled the Council for their votes:
18
Minutes - Regular Council Meeting
August 22, 2000
Page 19
32.
RI~.SOLUTION NO. 024169
Resolution by the City Council of the City of Corpus Christi, Texas directing publication of
Notice of Intention to issue Combination Tax and Revenue Certificates of Obligation, Series
2000, and resolving other matters relating to the subject.
The foregoing resolution passed by the following vote: Neat, Colmenero, Garrett, GonTales,
Kinnison, B. Longofia, and J. Longoria voting "Aye"; Cooper and Scott absent.
Mayor Neal opened discussion on Item 33, lanetrill final cover system. City Secretary Chapa
said Item 33.a. needs to be mended to exclude the word "Falcon" from the company' s name. There
were no comments from the audience. A motion was made, seconded, and passed to amend Item
33.~ as stated by Mr. Chapa.
Responding to Council Member Carfelt, Mr. Kevin Stowers, Assistant Director of
Engineering Services, said this is the final cover for cells (sectors) 14 of the J.C. Elliott Landfill;
however, other cells remain in operation at this lime. Mr. Garcia referred to a map of the affected
cells. Assistant City Manager Ron Massey explained that once a cell reaches its approved capacity,
the city has 12 months to complete the final cover of that cell. He said staff estimates that the
remaining life of the Elliott Landfill is about five years. Mr. Chapa polled the Council for their votes
as follows:
33.a. M2000-293
,Motion authorizing the City Manager or his designee to execute a consreaction contract in
the amount of $1,441,112.60 with Environmental Specialties International, Inc. of Baton
Rouge, Louisiana for the J.C. Elliott Landfill - Final Cover System Installation project.
The foregoing motion passed, as amended, by the following vote: Neal, Colmenero, Garrett,
GonTMes, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye"; Cooper absent.
33.b. M2000-294
Motion authorizing the City Manager or his designee to execute a conlract for quality control
testing and preparation of the Final Cover System Evaluation Report (FCSER) in the amount
of $101,060 with Trinity Engineering Testing Corporation of Corpus Ch~sti, Texas for the
J.C. Elliott Landfill - Final Cover System lnntallation project.
The foregoing motion passed by the following vote: Neat, Colmenero, Garrett, ConTales,
Kinvlison, B. Longoria, J. Longoria, and Scott voting "Aye"; Cooper absent.
19
Minutes - Regular Council Meeting
August 22, 2000
Page 20
Mayor Neal opened discussion on Item 34, air quality research projects. There were no
comments f~om the audience. City Secretary Chapa polled the Council for their votes as follows:
34.a. M2000-295
Motion authorizing the City Manager or his designee to execute Amendment No.2 to grant
contract No. 582-0-31274 with the Texas Natural Resource Conservation Commission which
funds air quality planning and research for $465,075.
The foregoing motion passed by the following vote: Neal, Colmenero, Garrett, Gonzales,
Kinnlson, B. Longoria, J. Longofia, and Scott voting "Aye"; Cooper absent.
34.b. ORDINANCE NO. 024170
Ordinance appropriating $465,075 from the Texas Natural Resource Conservation
Commission in the No. 1050 Federal/State Grants Fund for air quality research end pl arming.
An emergency was declared and the foregoing ordinance passed by the following vote: Neal,
Colmenero, Garrett, GonTa|es, Kirlnison, B. Longoria, J. Longoria, and Scott voting "Aye";
Cooper absent.
34.c. RF. SOLUTIONNO. 024171
Resolution authorizing the City Manager or his designee to execute Amendment No. 1 to
Interlocal Cooperation Agreement with Texas A&M University - Kingsville in the amount
of $316,500 for air quality research end planning program.
2the foregoing resolution passed by the following vote: Neal, Colmenero, Garrett, Gor~Tales,
Kinnison, B. Longofia, J. Longoria, and Scott voting "Aye"; Cooper absent.
34.d. RF. SOLUTIONNO. 024172
Resolution authorizing the City Manager or his designee to execute Amendment No. 1 to
Interlocal Cooperation Agreement with Texas A&M University -Corpus Christi in the amount
of $ 110,000 for pollution prevention partnership and educational outreach program.
The foregoing resolution passed by the following vote: Neal, Colmenero, Ga~tt, Gonzales,
KinnlSOn, B. Longoria, J. Longo~a, and Scott voting "Aye"; Cooper absent.
Mayor Neal opened discussion on Item 35, art foundation lease amendment. There were no
comments from the audience. Responding to Council Member Scott, Mr. Garcia said the $15,000
was provided through a CDBG grant. City Secretary Chapa polled the Council for their votes:
20
Minutes - Regular Council Meeting
August 22, 2000
Page 21
35.a. M2000-296
Motion authorizing the City Manager or his designee to purchase property located at 2031
Agnes Street for the Corpus Cbxisti An Foundation, Inc. dba South Texas Institute for the
Arts to add a multi-use recreational are~ The mount allocated for this purpose is $15,000.
The foregoing motion passed by the following vote: Neat, Colmenero, Garrett, GovTales,
Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye"; Cooper absent.
35.b. FIRST READING ORDINANCE
Authorizing the City Manager or his designec to execute the "First Amendment to the Lease
Agreement" with the Corpus Christi Art Foundation, inc. dba South Texas Institute for the
Arts for the lease of two properties from the City for consideration of one dollar per year for
the purpose of developing a youth activities park and to provide bus access to the Antonio
E. Garcia Education Center, and providing for the automatic renewal of the lease term for
an additional ten years.
The foregoing ordinance passed on first reading by the following vote: Neal, Colmenero,
Carfelt, GonT~les, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye"; Cooper
absent.
Mayor Neat opened discussion on Item 36, Downtown Management District lighting
improvements. There were no comments from the audience. Mr. Scott pointed out that the DMD
taxes the businesses in its boundaries to obtain these funds. City Secretary Chapa polled the Council
for their votes as follows:
36.a, M2000-297
Motion authorizing the City Manager or his designee to execute an agreement with the
Corpus Christi Downtown Management District and Central Power and Light Company for
the construction of Phase 2B of proposed sidewalk area street lighting improvements in the
Downtown Business District at a cost not to exceed $130,000.
The foregoing motion passed by the following vote: Neal, Colmcnero, Garrett, Gonzales,
Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye"; Cooper absent.
36.b. ORDINANCE NO. 024173
Ordinance appropriating $130,000 from the Corpus Christi Downtown Management District
in the No. 1020 General Fund - Street Lighting Activity for Phase 2B of sidewalk/street
lighting improvements in the Downtown Business District; amending Ordinance No. 024130,
21
Minutes - Regular Council Meeting
August 22, 2000
Page 22
which adopted the FY 00-01 budget, by adding $130,000 to the No. 1020 General Fund -
Street Lighting Activity #12460-530210.
An emergency was declared and the foregoing ordinance passed by the following vote: Neal,
Colmanero, ! Gonnles, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye";
Cooper absent.
Mayor Neal opened discussion on Item 37, Coastal Bend Bays and Estuaries Program. He
called for comments from the audience.
Mr. Ray Allen, Executive Director of the Coastal Bend Bays and Estuaries Program, thanked
the city for theft participation and for proposing these projects, which have a great environmental
benefit and economic impact. He said they will be coming back with additional projects in the future.
City Secretary Chapa polled the Council for their votes as follows:
37.a. M2000-298
Motion authorizing the City Manager or his designee m execute a reimbursement contract
with the Coastal Bend Bays and Estuaries Program for the following projects:
1 ) Ropes Park Extension Project in the mount of $50,000
2 ) Corpus Christi Beach Shoreline Stabilization ~ Habitat Creation Project in the
mount of $85,000
3) Ecotourism Project in the mount of $75,000
4) Bay Debris Removal Demonstration Project - End of Pipe Collection System
in the amount of $50,000
5) Outreach Campaign for Seagrass Protection, Storm Water Pollution, and Bay
Stewardship in the amount of $50,000
The foregoing motion passed by the following vote: Neat, Colmenero, Garrett, Go,Tales,
ginnison, B. Longoria, J. Longoria, and Scott voting "Aye"; Cooper absent.
37.b. ORDINANCE NO. 024174
Ordinance appropriating $50,000 from the Coastal Bend Bays and Estuaries Program in the
No. 1050 Federal/State Grants Fund for Ropes Park Extension.
An emergency was declared and the foregoing ordinance passed by the following vote: Neat,
Coimanem, Garrett, Gop~les, Kinni.qon, B. Longoria, J. Longoria, and Scott voting "Aye";
Cooper absent.
22
Minutes - Regular Council Meeting
August 22, 2000
Page 23
37.c. ORDINANCE NO. 024175
Ordinance appropriating $85,000 from the Coastal Bend Bays and Estuaries Program in the
No. 1050 FedemFState Grants Fund for Corpus Christi Beach Shoreline Stabilization-Habitat
Creation Project.
An emergency was declared and the foregoing ordinance passed by the following vote: Neal,
Colmenero, ~ Gonzales, Kinninon, B. Longoria, J. Longoria, and Scott voting "Aye";
Cooper absent.
37.d. ORDINANCE NO. 024176
Ordinance appropriating $75,000 fxom the Coastal Bend Bays end Estuaries Program in the
No. 1050 Federal/State Grants Fund for the Ecotourism Project.
An emergency was declared and the foregoing ordinance passed by the following vote: Neat,
Colmcnero, Garrett, Gon~ales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye";
Cooper absent.
37.e. ORDINANCE NO. 024177
Ordinance appwpriating $50,000 from the Coastal Bend Bays and Estuaries Program in the
No. 1050 Federal/State Grants Fund for the Bay Debris Removal Demonslxation Pwject -
End of Pipe Collection System.
An emergency was declared and the foregoing ordinance passed by the following vote: Neat,
..Colmenero, Carfelt, ConTales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye";
Cooper absent.
37.f. ORDINANCE NO. 024178
Ordinance appropriating $50,000 from the Coastal Bend Bays and Estuaries Program in the
No. 1050 FedemFState Grants Fund for Outreach Campaign for Seagrass Protection, Storm
Water Pollution, and Bay Stewardship.
An emergency was declared and the foregoing ordinance passed: Neat, Colmenero, Garrett,
Gon~ales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye"; Cooper absent.
Mayor Neal recessed the regular Council meeting for the annual meetings of the following
quasi-city corporations: Corpus Christi Housing Finance Corporation, Corpus Christi Community
Improvement Corporation, Corpus Christi Industrial Development Corporation, and Corpus Christi
Health Facilities Developmere Corporation.
23
Minutes - Regular Council Meeting
August 22, 2000
Page 24
Mayor Neal reconvened the regular meeting and called for the City Manager's report. Mr.
Garcia stated that upon implementation of the new city budget, certain structural changes were made.
He said the Risk Mann~ement Department and Purchasing Department now report to the Finance
Director and that depa~imeut has been renamed the Financial Services Depa, tment He said there
were no changes in personnel or salaries. Also, he noted that Ms. Bonnie Allin, Aviation Director,
has left the city and they have begun a national search to fill her position. In the interim, Assistant
City Manager Jorge Crarza is serving as the Acting Aviation Director.
Mr. Garcia aim said that Mr. Rudy Crdrza, Acting Budget Director, left to work for the City
of Austin and a search for a budget director has begun. Consequently, Mr. Garcia said he has asked
his assistant, Mr. Ma~o Tapia, to serve as the Acting Budget Director, and to have Ms. Yvoune
Haag, Community Relations Coordinator for the Communications and Quality Management
Department, to perform Mr. Tapia' s duties in the City Manager' s Office in the interim.
Mayor Neat referred to an article in the day's newspaper regarding the efforts of the Corpus
Christi Army Depot to hire new employees through a cooperative program with Del Mar College.
He then called for Council concerns and reports.
Mr. Garrett asked Mr. Garcia if he offered Mr. Rudy Crana the position of budget director.
Mr. Garcia replied that he did not. Mr. Garrett said he received a letter about a partially completed
structure at 3861 Ocean Drive which is an eyesore. He said he has also received a letter from a
concerned resident about the use of River Canyon Park. Mrs. Longoria and Mr. Tony Cisneros,
Director of Park and Recreation, said that the topography in that area prevents it from be'rag used as
a neighborhood park, which they explained.
Mr. Scott asked staff to investigate issues regarding funding for a portion of 1-69 as well as
FHA loans for new homes on Padre Island. He also asked if the city is up to date on its ~nanciais;
Mr. Cruz-Aedo replied that the city is reconciled with all bank statements through the end of July.
Dr. Gonzales congratulated Mr. Herb Canales on the opening of the Janet F. Harte Library
in Flour Bluff; and he asked that the Council be notified when staff cuts services to major parks in
the city. He also asked whether there is a committee which monitors underground pipelines in the
area. Mr. Garcia and Mr. Juan i Emergency Management Coordinator, explained that the LEPC
hn~ a subcommittee for pipelines and they are in the process of collecting that information.
Mr. Longoria asked about the city's participation in the Community Development
Corporation (CDC). Assistant City Manager Tom Utter explained that the city assisted in
establishing the CDC, which is a bank-owned corporation approved by the comptroller of the
currency. He said the corporation's board consists ofrepreseutatives from banks and comlllnnity
interests. He said the CDC is one of the vehicles the city is using in its new construction program
for 150 new homes; in addition, the CDC has raised from its members about $250,000 to $300,000
and the corporation is assisting the city in small-business lending efforts through the Housing and
Community Development program. The city has $500,000 of CDBG funds in the CDC. Mr. Utter
said staff will provide a more in-depth report.
24
Minutes - Regular Council Meeting
August 22, 2000
Page 25
Mrs. Longoria forwarded a letter from a representative of the South Texas Institute for the
Arts in which he said the Agnes facility is not handicapped user-friendly.
Mr. Cohnenero reported an alley with high weeds along Ayers Slxeet between private
property and the La Armada area~ He also referred to a recent article from a Texas newspaper
regarding an advertising contract that was awarded by the Corpus Christi Convention and Visitors
Bureau. He requested a report on the history of a previous transaction involving the person who was
awarded the contract. Mrs. Longoria said she received a phone call from a former CVB board
member who served during the time of that transaction and who expressed concern about it. Mr.
Garcia pointed out that staff would have to obtain that information from the CVB.
Mr. Colmenero also said it would be helprid for the Council to be informed about activities
by the Police Department in the Belton Street area (the location of recent gang killings). Dr.
Oonzales said he allended a meeting at a church in the Belton Street area and members of the city-
wide Ministerial Alliance came together to help resolve problems there. IVlx. Colmenero thanked staff
for an update on the CDBG projects, and he asked about the economic development corporation
appoinUnents. Mayor Neal ~plied that that issue will he on the agenda for discussion next week and
for appointment during the September 12th meeting.
There being no further business to come before the Council, Mayor Neal adjourned the
Council meeting at 4:47 p.m. on August 22, 2000.
25
CITY COUNCIL
AGENDA MEMORANDUM
August 25, 2000
AGENDA ITEM:
1. Public Hearing on designating an area in the North Padre Island Seawall area
as a Tax Increment Financing District.
Ordinance designating a certain area within the jurisdiction of the City of
Corpus Christi as a tax increment financing district to be known as
"Reinvestment Zone Number Two, City of Corpus Christi, Texas", establishing
a Board of Directors for such Reinvestment Zone, and other matters relating
thereto,
ISSUE AND REQUIRED COUNCIL ACTION: In order to establish a tax
increment financing district, the City Council must hold a public hearing and
subsequently, if the decision is made to create the Zone, pass an ordinance
making certain declarations and findings.
PREVIOUS COUNCIL ACTION: At the Council meeting of March 21, 2000, the
City Council authorized the preparation of a preliminary financing plan for a Tax
Increment Financing District on Padre Island and authorized the City Manager to
declare the City's intent to proceed with the North Padre Island Storm Damage
Reduction and Environmental Restoration Project.
At the Council meeting of June 27, 2000, the City Council took action to approve
the preliminary Reinvestment Zone financing plan, authorized submission of the
plan to the other taxing jurisdictions, and scheduled a public hearing on August
29.
RECOMMENDATION: Staff has continued to review all of the data previously
submitted to the Council and has discussed the project with numerous groups
and citizens and we continue to be convinced that the project is not only viable,
but would have tremendous positive impact on the local economy. At the same
time, because of the proposed structure of any bonding, there would be no basic
liability to the City or the other taxing jurisdictions for the bonds. We feel
comfortable that the maintenance and a maintenance reserve could be
developed which would resolve any long term maintenance concerns. Initial
maintenance reserves were set in the odginal plan; however, the COE will
determine the actual amount of maintenance reserve required. We therefore
recommend that the Council move forward with approval of the first reading of
the ordinance creating the tax increment financing zone.
W. Thomas Utter
Assistant City Manager
BACKGROUND INFORMATION
For many years, beach erosion in front of the seawall and the opening of the
channel to the gulf for the North Padre Island area has been discussed locally.
In 1999, included in Section 356 of the Water Resources Development Act of the
U. S. Congress was the North Padre Island Storm Damage Reduction and
Environmental Restoration Project. The project involves the placement of sand
in front of the Padre Island Seawall to restore the beach and protect the seawall.
The sand is to be taken from the dredging and channelization of a reopened
Packery Channel. This project is preliminarily estimated to be in the amount of
$30 million, with $19.5 million being provided by the Federal government and
$10.5 being the local match.
The 1999 Water Resources Development Act also required the U. S. Army Corps
of Engineers (COE) to undertake findings: (1) to determine if the project is
environmentally acceptable and (2) to determine if the project is technically
sound. A small amount of funding was included in the 1999 Act, and in the
appropriations process this year, up to a $1 million is being discussed for the
project for completion of the studies.
The COE requested that a local entity step forward as the local sponsor. The
City Council accepted that responsibility on March 2, 2000.
Also on March 2, the City Council authorized the preparation of a preliminary
financial plan for a possible tax increment financing district on North Padre
Island: The City engaged the services of Economic Research Associates (ERA)
to provide the City with estimates of tax increment funds generated by forecasted
development in the proposed Tax Increment District. The proposed District
contains 1930.3 acres. The area is principally undeveloped with development
centering on hotel, motel, condominium and business uses. The preliminary
project costs are based on the original Naismith/Shiner-Moseley cost figures. In
addition, one other project is being preliminarily recommended at this time and
that is the construction of a beach/visitor parking facility on the seawall on
property owned by the City in the amount of $750,000. The preliminary financing
plan provides two estimations of tax increment financing revenues. The
conservative development estimate states that the cumulative tax revenues
between 2001-2020 is estimated to be about $90 million, while the opportunistic
development tax revenue estimates during the same time period is $139 million.
29
See Exhibit I which is the Preliminary Financing Plan and contains a map of the
area, a timetable, and the ERA financial analysis.
Should the tax incremental financing process be completed and the District and
City determine that we should move forward based on the ERA estimates and
the proposed COE preliminary sharing costs, ($19.5 million .Federal, $10.5 million
local), almost three times the amount of revenues needed for financing the local
share would be generated under the conservative revenue estimates.
The outline of the basic bond plan would be for tax increment financing revenue
bonds to be paid only by the tax increment, and planned to be sold to island
interests. As a preliminary plan, we plan to have the bond payments subordinate
to maintenance and maintenance reserve funding. Therefore, since the
estimates of tax increment revenues generated by the project are considerably in
excess of estimates of both debt service and maintenance and maintenance
reserve funding, this project appears to be a classic tax increment financing
project. It fully meets the "if but not for" test. If but not for the project
improvements, the private investment would not be made and the tax increments
would not be available to fully amortize the proposed public improvements.
At the June 27 Council meeting, the City Council approved the preliminary
financing plan and authorized the City Manager to schedule and conduct
presentations and the required hearing.
Since that Council meeting, the Mayor, several Council Members, and/or City
staff have made presentations to either the boards or staff of: (:1) Nueces
County, (2) Port of Corpus Christi, (3) Del Mar College, and (4) Nueces County
Hospital District. Staff has discussed the issue with representatives of the two
entities which are not being asked to participate, which are the Flour Bluff
Independent School District (FBISD) and the Flour Bluff Volunteer Fire
Department. The FBISD has scheduled a presentation by the City at their
meeting on August 31 and representatives of the Volunteer Fire Department will
be in attendance at the City Council meeting of August 29 to hear the
presentation.
We have continued to answer questions and review comments on the proposal
from a wide variety of groups and individuals and have maintained a close liaison
with the COE. The most current COE timetable as of today (August 25) is as
follows:
1. Completion of the technically sound report by the end of
November 2000.
2. The environmentally acceptable report is scheduled by summer
2001, with the full environmental process scheduled to be
completed by October 2001.
Assuming that the COE findings are positive, the COE estimates that
by January 2002 they will be ready to execute a project agreement
with the City of Corpus Christi and that bidding of the project and
subsequent construction of the project would follow.
The COE has announced that they will hold a public scoping meeting for the
project on September 7 in Corpus Chdsti (see Exhibit 2).
As a result of a number of questions concerning other financial impacts of the
proposed project, we have had ERA complete an additional report which projects
the overall economic impact of the project in terms of jobs, construction, and
hotel motel tax, among others. We have attached that report as Exhibit 3.
A synopsis of the ordinance creating the Zone before the Council is as follows:
describes boundaries of the Zone, creates the Board of Directors for the Zone
(but does not appoint them at this time), has the Zone take effect January 2001,
provides a termination date of 2022, which allows several years for possible
additional funding of the maintenance reserve or such earlier time as the bonds
are paid and the maintenance reserve is fully funded, establishes the name of
the Zone as Reinvestment Zone Number 2, City of Corpus Christi, Texas, and
establishes the increment base of the Zone, and contains the necessary findings
(see Exhibit 4).
If the Council moves forward with both the first and second readings, the Zone
Board "of Directors would begin holding meetings to develop the final project and
financing plans. The Board of Directors would also develop the tax increment
agreements. The project plan would then be submitted to the City Council for
approval on two readings and after than approval, the project plan, the financing
plan and the tax increment agreements would be submitted to all the taxing
jurisdictions and to the City Council. Upon approval of the tax increment
agreements, the Zone could then actually begin on January 1, 2001.
For the public hearing, we would suggest that a brief presentation be made in the
very beginning by City staff, a short presentation by representatives of ERA on
the financial studies, a presentation by Mr. Jeff Leuschel of McCall Parkhurst &
Horton on his legal review of the project, a brief presentation on the engineering
of the project by representatives of Naismith Engineering and Shiner Moseley
Engineering, and then general comments from the public.
31
Exhibit 1
PRELIMINARY FINANCING PLAN
PADRE ISLAND REINVESTMENT ZONE
North Padre Island Storm Damage Reduction
,. and Environmental Restoration Project
On March 21, 2000, the Corpus Christi City Council authorized the preparation of
a preliminary financing plan for a tax increment financing district covering a
podion of North Padre Island. This tax increment financing would be used to
provide the local share of the North Padre Island Storm Damage Reduction and
Environmental Restoration Project. The North Padre Island Storm Damage
Reduction and Environmental Restoration Project has been discussed and
studied over a number of years. The project involves the placement of sand in
front of the Padre Island Seawall to restore the beach and protect the seawall.
The sand is to be taken from the dredging and channelization of a reopened
Packery Channel (see Exhibit 1 for a map and one page project narrative). The
project also consists of long jetties, walks, mitigation, public facilities, and reserve
for long-term maintenance. The estimated cost of the project is approximately
$30 million.
The preliminary capital cost estimates are:
Dredging/Sand Placement
$ 4,500,000
Jetties 12,000,000
Jetty Walks
200,000
Shoreline Protection
3,000,000
Mitigation, Public & Environmental Facilities
4,000,000
Desig,n., Engineering, Permitting
2,300,000
Reserve for Long-Term Maintenance
4,000,000
Toml $30,000,000
The project was included in Sec. 556 of the Water Resources Development Act
of 1999. The Act also required the U. S, Army Corps of Engineers (COE) to
undertake two studies: (1) to determine if the project is environmentally
acceptable and (2) to determine if the project is technically sound, A relatively
small amount of money has been made available by the Federal government for
the studies.
The local share of the project, which would be approximately $10.5 million, could
potentially come from tax increment financing. This type of financing was
authorized by a State Constitutional Amendment. The basic theory of tax
33
increment financing is that "the construction of certain public imprevements will
generate higher tax revenues due to additional private development." The
concept is the "but for the construction of the public improvements, the higher tax
receipts would not occur." In this particular case, we believe that completion of
the project will result in significantly increased taxes through both new private
investment and increases in the existing tax values.
Under State law, only cities can undertake tax increment financing, however,
other taxing jurisdictions such as the county can join with the city. The only
revenues that can go into a tax increment financing district are the additional
taxes resulting from new construction increases in tax value subsequent to
creation of the tax increment zone.
In addition to the COE project, one other project is being recommended which
involves the construction of a large parking facility adjacent to the seawall in the
estimated amount of $750,000 on City-owned property in the estimated amount
of $750,000.
The local share of the COE project based on the preliminary estimates is $10.5
million and that together with the parking facility would bring the total amount to
be financed to $11,250,000. The firm of Economics Research Associates (ERA)
was engaged by the City to prepare a forecast of potential TIF revenue which
could be generated within the proposed Zone. ERA has undertaken a number of
studies both public and proprietary of the Corpus Christi area over the last few
years. Drawing from their previous research and existing tax roll records, ERA
has determined that under a conservative development scenario, $90,349,070
would be genereted as tax increments between 2001 and 2020. An opportunity
development scenario indicates during the same time period $139,825,786 would
be generated.
Based on just the conservative development altemative by the Year 2004, the
Zone would be generating revenue considerably in excess of required financing.
Even though a proposed bond issue would be required to be slightly rear-end
loaded to ease the debt services over the first three years, the amount of
revenue estimated to be generated would be approximately three times needed
for financing the preliminary costs as outlined above.
This substantial revenue will allow for any vadances in the final COE numbers
a'~d should allow a very substantial maintenance fund accumulation. VVhile the
preliminary financing has been based on a 20-year pedod, it may also be
possible to complete the repayment of the financing in considerably less than 20
years based upon the revenue projections. Once the bonds are paid in full and
the maintenance fund secured, the tax increment collection would cease.
This preliminary financing plan also is based on developers within the Zone
purchasing the bonds with the possibility of some or all of the maintenance funds
being generated out of cash flow. Additionally, we would seek to protect the
project by having any bonds subordinated to any and all payments for
maintenance of the project during the life of the bonds. Any bonds issued would
specifically be backed by only the revenues of the project and would not be an
obligation against the City or any other taxing district. It is to be assumed that
this preliminary financing plan may or will be amended by the proposed Board of
Directors and subsequently by the City Council as the exact cost of the projects
is determined by the COE and the determination is made as to the appropriate
level of maintenance reserve funding.
Attached and made a part of this is a preliminary tax increment financing
schedule, a metes and bounds description, and the final draft of the ERA report.
35
TAX INCREMENT FINANCING TIMETABLE
June 27
Aug. 22
Aug. 29
Aug. 29
TBD
TBD
TBD
Jan. 1, 01
Jan. 31, 02
TBD
Prepare preliminary Financing Plan for Tax Increment District.
Council approves Preliminary Financing Plan and Notifies other
governmental entities of intention to create tax increment zone (copy
of plan enclosed).
Within 15 days, each taxing unit designates a representative to meet
with the City to discuss the project plan. Meetings of representatives
may be called by the City from time to time to discuss the plan.
Make presentations to County Commissioners and other
governmental units (optional) concerning proposed plan (a single
presentation for all units may be scheduled by agreement).
Publish Notice of Hearing to Create Tax Increment Zone (7-day
advance)
Conduct Public Hearing on Creation of Tax Increment Zone.
Adoption of Ordinance Creating zone (two readings)
· Describes boundaries of Zone
· Creates board of directors for Zone
· Takes effect January 1, 2001
· Provides a termination date for Zone
· Name is "Reinvestment Zone Number Two, City of Corpus
Christi"
· Establishes tax increment fund for Zone
· Contains findings required by Section 311.004 and 311.005
Meeting of Zone Board of Directors to:
· Approve project plan and financing plan
· Approve Agreements concerning Collection of Tax Increments
Approval of Project Plan by City by Ordinance (two readings)
Approval of Agreements by Taxing Units
Determination of First Year's Tax Increment
Deposit of Taxes into Tax Increment Fund
Issuance of Bonds for Zone Projects
METES & BOUND DESCRIPTION
FOR
PROPOSED TAX INCREMENT FINANCE DISTRICT
A proposed TaX Increment Finance District in the ciL'V limits of the CIty of Corpus
Christi, lOCated in Nueces County, Texas consistihg of 1,930.30 acres, more or less, and
more particularly described as fOllOWS;
Beginning at a point, me intersection of me centerline of South Padre Island Drive
(Par~ ROad 2:2) and the present Nueces-Kleberg County line, for the southeasternmost
comer of the tract herein described;
Thence northwesterly along the present Nueces-Kleherg County line, to its
intersection with the centerline of Palmira Avenue, ShOwn on plat of Padre Island No. 1 In
Volume 13, Pages I through 8, Nueces County, Texas, Map Records, for the
southwesternnrnost comer of this tract;
Thence northerly along the centenine of Palmira Avenue, to its intersection with
the centerline of Avanti Avenue, shown on I~lat of Padre Island - Corpus Christi, Section 4,
In Volume 33, Pages 44 through 47, Nueces County, Texas, Map Records, for an Inside
comer of this tract;
Thence westerly along the centerline of Avanti Avenue to its intersection with the
southen,/extension of the centerline of a 20 foot alley loCated east of and adjacent to
BlOck 215 of said Padre Island - Corpus Chrlstl, Section 4, for an outside comer of this
Thence northerly with the centerline of said 2~foot alley and its nordlerly
e~cension, to a point on the centerline of Cruiser street, for an outside corner of this
Thence easterly along the centerline of Cruiser Street, to its intersection with the
southerly extension of the east line of Lot 15, BlOck 192, Padre ISland - COrpUS ChrlSti,
Section 4, for an inside comer of this tract;
Thence northerly with the east line of said Lot 15, BlOck 192, Padre Island - Corpus
ChriSti, Sectjon 4 aria its northerly extension, to a point 40 feet north of the northeast
corner of said Lot 15, for an inside corner of this tract;
Thence western and southerly along a line that is 40 feet northwest of and parallel
to the northwest line of BLOCK 192, Padre Island - Corpus Chrlstl, Section 4, to a point on
the no~h right-of-way line of existing Whitecap BOUlevard, for an outside comer of this
Thence westerly along the north right-of-way line of existing White Cap Boulevard,
to the southwest comer of Block 27A, Padre Island - Corpus Chrlstl, Island Fairway Estates,
shown on Plat of Record in Volume 46, Pages 208 through 210, Nueces CountY, TexaS, MaD
Records, for an outside corner of this tract;
37
Metes & Bound Oescrtl~t~on
Page 2
Thence nordlerlv along the west line of said BLOCK 27A, Padre Island - Corlau~L
chrlsti, Island Fairway Estates, its curves and its angles, to a point on the south right-r
way line of existing Commodore's Drive, for an outside comer of this tract;
Thence easterly along the south right-of-way line of existing Commodore's Drive,
to its intersection with the southerly extension of the centerline of a 10C~foot wide canal,
locateca west of and adjacent to BLOCKS 508 thrdugn 511, Padre Island - CorPus Christi,
Mariners ray, Shown on Plat of Record in Volume 34, Pages 54 and 55, Nueces County,
Texas, MaD Records, for an inside comer of this tract;
Thence northertV with the centerline of said lal)foot wide canal and its northerly
extension, to its intersection with the centerline of another lOinfoot Wicle canal, located
north of and adjacent to Lot 4, Block 502, Padre Island - CorPus Christi, Mariners ray,
shown on Plat of Recorc~ in volume 39, Pages 164 anca 165, Nueces County, Texas, Map
ReCOrdS, for an outside comer of this tract;
Thence eastern with the centerline of said 10l~foot wide canal, which Is located
north of anti adjacent to Lot 4, BlOCk 502, Padre Island - COrPus Christl, Mariners ray, to
its intersection with the southern extension of the east line of LOt 1, Block 85, Padre
ISland - COrPus Christl, Mariners raY, shown on Plat of RecOrc~ In Volume 34, Pages 54 and
55, Nueces County, Texas, Map Records, for an inside comer of this tract;
Thence northerly with said east line of LOt 1, BlOck 85, Padre Island - CorPus Christi,
Mariners ray, and its northeriv extension, to a point on the centerline of existing Ja~flsh
Avenue, for an inside comer of this tract; ,
Thence westerly along the centerline of said Jackfish Avenue, to a point on L
centerllne of existing Ambrosia Street, shown on plat of Padre Island - CorPus Chrlstl,
Section 3, in Volume 33, Pages 83 and 84, NueCeS COUntY, TexaS, Map RecOrdS, for an
outside comer of this tract;
Thence northwesterly along the centerline of existing Ambrosia Street, to its
intersection with the centerline of existing AQuarius Street, for an outside comer of this
Thence northerly along the centerline of said existing Ac~uarius Street, to Its
Intersection with the southeasterly extension of the southwest line common to LOts 46
through 52, Block 72, Padre Island - CorPus Christi, Section 2, shown on Plat of Record In
Volume 41, Page 187, Nueces CountY, Texas, MaI~ RecOrds, for an Inside comer of this
Thence northwesterly with said southwest line common to LOts 46 through 52,
Block 72, Padre Island - CorPus Chrlstl, Section 2, to the west corner of said LOt 52, for an
outside comer of this tract;
Thence northeasterly with the northwest line of said LOt 52, BlOCk 72, Padre Island
- COrPus Chrlsti, Section 2, to a point on the southwest right-of-waY of existing South
Padre Island Drive (Parr Road 22} for the north comer of said Lot 52 and a comer of this
Metes & Bound DescriPtion
Page
Thence non:heasterlV crossing said existing South Padre Island Drive (park ROad 22),
tO a point. for the west corner of BlOCk l, Padre Island - Corpus Christi, Section 18, shown
on Plat of Record in Volume 38, Pages 69 and 70, Nueces County, Texas, MaD Records, and
a corner of this G-act;
Thence northeasterly and southeasterly along the bounda~f line of said Block 1,
Padre Island - Corpus Christi, Section 18, to a pbint on the southeast line common to
State Tracts 58 and 61, for an inside corner of this tract;
Thence northeasterly along said southeast line common to State Tracts 58 and 61,
to its intersection with a line that is 500 feet northeast of and parallel to the
southwesterly shoreline of existing PacKery Channel, for the northernmost corner of this
Thence southeasterN, along said line which is 500 feet nor U~east of and parallel tO
the southwestern shoreline of existing Packery channel, to its Intersection with the
northwesterly extension of the southwest line of a 28(~acre tract, more or less, now or
formerly owned bY Nueces County, Texas, described in Document No. 888926, Nueces
County, Texas, Deed Records, for an inside corner of this tract4
Thence southeasterly with the southwest line of said 280-acre tract and Its
extensions, crossing state Highway 361 and continuing southeastern to a point on the
vegetation line near the shoreline of the Gulf of Mexico, for the east comer of this tract;
Thence southwesterly, along said vegetation line, to a point on the southwest line
of a 137.73-acre tract, more or less, now or formeriV owned by Eric C. Lower, described In
Document NO. 956588, Nueces County, TexaS, Deed Records, for an inside comer of this
Thence southeasterly, with the southwest line of said 137.73-acre tract, to a point
on the shoreline of the Gulf of Mexico, for an outside corner of this tract;
Thence southwesterly, along the meanders of the shorefine of the Gulf of MexiCO,
tO its Intersection with the easterly extension of the norm right-of-way line of Beach
Access Road No. 4, for an Outside comer of this trac~
Thence easterly, with the norm right-of-way line of Beach Access ROad NO. 4 and Its
extensions, to a point on the centerline of South Padre Island Drive (Park Road 22), for an
Inside comer of this tract;
Thence southerly along the centerline of said South Padre Island Drive (Park Road
22), to Its Intersection with the present Nueces-Klel~erg County fine, for the point of
beginning.
Save and except 18.00 acres, more or less, described as Padre ISland - COrpus
Chrlsti, Cane Harbor Bay SuPdivision, shown on Plat of Record in Volume 49, Pages 5 and 6,
Nueces County, Texas, Map Records;
And
39
Metes & Bouncl Descrtl)tlon
Page 4
Save and except 91.02 acres, more or less, consisting of Nueces COUrtLY/Park NO. ~-
(Packerr Channel Pario, a portion of Padre Island NO. 1 Subdivision, all of Padre Island NO
SUbdivision, and a portion of the NiCOlaS and Juan Jose Balli Survey, Abs~raCl: NO. 199b,'
located west of and adjacent to PlaVa Del ReV, and more particularly described as fOllOws;
Beginning at a point of the southwesterly shoreline of existing PackerV Channel, a
point of intersection with the easterly extension of the South line of Lot 16, Block 34,
Padre ISland NO. 1, shown on Plat of Record in Volume 13, Pages I through 8, Nueces
CountY, Texas, Map RecOrdS, for the easternmost comer of this tract;
Thence westerly with the south line of said Lot 16, BlOCk 34, Padre Island No. 1 and
its extensions, to a point on a line that is 120 feet west of and parallel to the west right-of-
Way line of existing PlaYa Del Rey, for a southwestern outside comer of this tract;
Thence northwesterly along said llne which is 120 feet west of and parallel to the
west right-of-way line of existing Playa Del key and its northerly extension, to a point on
the centerline of existing Verdemar Drive, shown on plat of Padre Islancl No. 2, In Volume
13, Page 28, Nueces County, Texas, Map RecOrds, for an inside comer of this tract;
Thence norl~westerly along the centerline of said existing Verdemar Drive, to its
Intersection with the centerline of existing Sand Dollar Avenue (formerly Tortugas
Avenue), for an outside comer of this tract;
Thence northeasterly along the centerline of said existing Sand Dollar Avenue
(formerly Tortugas Avenue), to its intersection with the southeast line of NUeces COUnt~
Park NO. 2 (Packdry Channel Park), for an inside comer of this tract;
Thence southwesterly along the southeast line of Nueces County Park No. 2
(PackerY Channel PatIo, to a point on the northeastright-of-Way line of existing south
Padre Island Drive (Park ROad 223, for an outside comer of this tract;
Thence northwesterly along the northeast right-of-way line of said South Padre
Island Drive (Park ROad 223, tO its intersection with southeast line of BLOCK 4, Padre Island -
Corpus Chrlsti, Section 18, shown no Plat of Record in Volume 105, Page 57, NueceS
COUnty, TexaS, Map Records, for the south comer of said Block 4 and an outside comer of
this tract;
Thence northeasterly along said southeast line of Block 4, Paare Island - Corlaus
Cl~risti, Section 18, to its east comer thereof, for an inside comer of this tract;
Thence northwesterly along the northeast line of said Bidtic 4, Padre Island -
Corpus Chrlsti, Section 18, to its north comer thereof, for a point on a line common to
Block 2, Padre Island - Corpus Christl, Section 18, shown on Plat of RecOrd in Volume 38,
Pages 69 and 70, NueceS County, Texas, Map Records, and Nueces County Park NO. 2
CoacKery Channel ParYJ, and the west corner of this tract;
Thence northeasterly with said line common to Block 2, Padre Island - Corpus
Chrlstl, Section 18 and Nueces County Park No. 2 (Packery Channel ParYJ, to a point on the
southwesterly shoreline of existing Packenf Channel, for the norm comer of this tract;
Metes &Bouna DescrtOtion
Page 5
Thence southeasterlv along the meanders of saicl southwesterIV shoreline of
existing Packerr Channel, to its intersection with the easterIV extension of the south line
of Lot 16, Block 34, PaOre Island No. 1, for the point of beginning.
IH:I/VORD~SHARED~ME/F._~TAX~NCR.DST)
41
Final Draft
Forecast of Potential TIF Revenue
Flows Gnnernted by Future
Development of North Padre Island
Submitted to:
The City ot Corpus Christi
June 2000
ERA Project Numbe~ 13638
ILIN-2f-~**:~HG 1T:133 312 4~7
lntroduttlon
Economics R_,~rch Associams (ERA) was engagcd to providc thc City of Corpus
~ with esXmaXes of tax increment revenues generated by forecast developme~ in
the proposed Noxth Padre Island Tax Incaacre Finance ~ district ~ tmdex~ands
the development cost of fu~ti~_, ttz 1-lord~ Padre Island Dama~ R-4,,~i~n ~,a
collection completed by ERA durin~ fiae fall and w/nter of I999r2000. An ~ report
h sidixion, thi,, forec~ makes use of~,~ provided by xhe City of Cozpm Cl~-~i and the
Nue~es Coumy Appraisal DisUict covedn~ lxopcxty lax ~ assessed values, and actual
hls~c~c un=s paid ~or the dcfin~-i~- ~ Data ~om theso s~n:es hs.ve been
assessed to ~enerale a rcasomble esXimale of t~3tenfial h~x incfcmc2I Insane flows,
Gesr, rd Limiling C0loai,lnuw
Evcr~ reasonable effort has been made ~ ensure ihat the dam comained in t~., study
rc~cct thc most ac~,~: and liraely i,rf~ion possible, =~ th~ axe believed ~o be
t-,,-w|ed~ of the indmW/, and consu~___~,-s wilh th~ cliesn and the clien~'s
,..p~,.,~,~fes. No respo,t~hility is asstuned for hnzaur.~ in relx~-~ by the dieat.
the cliesxts agent, and R:prcs~,ll~,m or any other data s,~a,;e used in pztTuing or
presefil~ th{~ Sttldy. NO W~ O~ 11pl-.,selx1}atlon iS Iaadc by F..Ctmenv~e'* RgScall:h
Possession of ~i~ study does not coxry with it the riEht of publication thereof or to usc the
name of "Bconotnics Rescawh Associa~s" in any ,~,~cr. No abstr',u~hg, exceqydng, or
summm-izationoffiaiasmdymaxybcmsdc. This study may not bc uscd for purgeses other
tbsnth~f~rwhichitisprcpm~L BxccVdonstoth~-rcs=ictionsmayb~pen~iti~iafier
c~;~:ms and considermio~.
TIF Analysis for South Padre Island - FINAL DRAFT
Page I
43
Thc approach followed b'7 ERA fust da~ncs lt~c cun~xt banline usesmi sad taxalxle
value of the proposed TIF district, using assessmcnl !_d._n~mation for land. and
i~,vem2Is tn~vld~ by offi,'~-~ vii the City of Corpus Christi ~ xiac Nuec~s
C01azty Apptlli5,~ DLslzict. ERA zazttralzm~ that the base year for ~ district L~ calendar
year 20~. Fxum this bas~ycaz vnlue, EtA gcneratea two sets ofT!~n:vemz ia~ul~:
1. Forcesst ~ in the taxable value of euzzently existing I~iidlngs ~ v-~,-'~,w JancI in
the district over a 20-year lzziod
2. Fozv.¢~___ grovah in the taxable value ~fa new devcl~s,,~att l~gtam, to be o~i,,,,~l in
thlstq~o~ove~a20.-yearpetiod, ERA ¢~rteredtwaeZ~owr. hsees~z~
erdiminm~ Assessed and Wenable Values,
CRy of Corpu~ Ch~ti, 2000
Category
L,md-HomeStte
Land - Nort-Nome Site
~ - Home Site
la4,,x~h,..,ts - Non-Name Site
SubTotal
bempuor, s & Adlustfftems
Totll TI~Nzie Valems
iS,4gl ,354
$42,2130,590
$17,E84,297
~9,'323,797
$3,4.~,194
Lookin; ~ at ~ above table, ERA delzmined that home si~ imp,,,v~,cnts
single-~m-ily !mm,~_ ns wcH as si_eher-demity umdom;,,ium .aojmts oa tl~ seawalL
ms cttsanct~ is imnonant ~-.----e knne .~te urea ~ rot only Is% of total
TIF Analysis for SOuth Padre Island - FINAL DRAFT
Page Z ""
Jl,eq-21-2911~ 17:94 312 42? 3C:fc~ P,95/1~
ERA was also Twosideal with current tax ,,~ inS~m~azion f~r all zcpotting jurisdic~ns in
the ~ The following table details the local jutisdiclions that ale expectart to cuu~butc
inct~nmt to the project, along wi~ their eun~nt ~x rams per SI00 of t~,r~le Yah~
ERA ,~e-~ ~ ~ne f~Howing jmisdi~ns a~ not expe~ed to pnrdcil:~te in th~
T~ dislzict: ~ Flo~ BluffIndq~'nt~ 8ctu:ml Dis~'i~ (LgD) and Fit~ ~ #2.
1999 Reported Tax Rates for Pe~t~,~ial
ParUdpating Jurbdictions
Ueits Providing tn~-emeet /$100 of Value
Qty of Comus ~hristi 0.623726
Nueces ~unty 0.3446ZZ
Co-Farm to Marlet 0.002563
Coumy Nmi)itat 0.228028
Pint Df Corp,,. Q~ris~ 0.024.797
[)el Mar JL ~otlage IL~6
Total lax ra~W$1OO 1,444202
To jus~Yy fomn~ growth rates for existing ;.a~ovc,,,.~ ~ ~ ~ ERA
~ ~ini~ ~ ~ ~ ~ ~nEi~ ~]y ~ 2-3 ~
TIF Analysis for South Padre Island - FINAL DRAFT
Page
45
Year 2000 llF Dislz~ct Land Use EsUma*~; in Aczes
Land U~e CatL, gO~ Aceage % Of TOIM
Vacant 1227.2 63,57%
Water Area 230.74 11
Parr 202.81 10~1%
Right-~f-wey 168.7 n.74e/,
Medium DeI.My Rel~dential ~4,(2 1.7"P~
PubliC/Semi-Public 11.71 0.61%
High Density Residere21 7,1 0J7~
Prefesskmal O!~ce 6~ 0.31"A
Light Indu~r~al 5J~2
Term 1030_t4 IOO. OIP/e
S~m,ff: ci~ of co.p~ c~.~a
Growth in Annual Property Taxes Paid
Proposed TIF DI-b;ct
1917 1998
Im
TIF Analysis for South Padre Island, FINAL DRAFT
Page 4
3LH-21-Z~B~ 1T:~5 312 427 36E13 P.87/17
· c City of Cox]ms Chtisti was ablc~ fix x~c Ix~____h_ easeman at the baseof the ,--wail
which allowed values to ~mw.
11% ~ 1 ~S ~ 1 ~. T~ ~ i~ t~. ~ ~ ~ ~ ~
~cl~v~ d ~ ~ ~1 ~ ~ j W ~ to J
· May2OOO-Corpsofl~-n~m'exai~awalandpef~fi-~ptocessbcinip
· Jaauaty2001 -Bc~_'n c~aigna;nd!~l,~!~ng
n Ocn>ber 2001 - ~ ofF. n~r,~,~ ,,,-~,.~ L~,~ s,,,,t appmva. ls s~ pureits
· 3anuary2OO2-Coa,fmact~onb%~-,,
· ]nnn.-/2004-Pmjectw~upZe~nn
i-,.,wvemems and vacant land, ,h,,wa in t~ fnn,,winS mb!~
Estimated Growth Rates fat' Taxable
Villain c/~ Exisffng Issq,q~,44;blt~ti arid
V~/d
Year erowthRate
2001
2002.
2004
2005
200&Z019
M'~..~
slmnFJy tbfouSh 2005, af~ which I~mwth is fm'ecea 1o slow to a !o~g4cxm gxewth rate
of 3% per yesr.
TIF Anslylis for South Padre island - FINAL DRAFT
Page S
47
Status of r=~d,~in9 SIgnificant Re~__'_dmeiai Devder
in the Proposed North Padre TIF District
As a hypothetical ~--T|e, ~ th~ a new 300-morn fuli-smdce hotel was built on
the seawalL ~&,,ml._~ constraction costs
· .s~vnnt., ~hsf ~ hotd cou.ht have a
dailymt~of$1~,o~~st65'%ofgtossr~,v~.n~nndaten~nni
c.~",,"'fO. S of II%. ~ ~caZ
$34 ~imon. whi~ is ~ 40% of
jm'iadictions, this th~n, efical lintel coukt
mvenxr_ Foilowin~ this d~omtimI ~ t!~ zc.~.'~,-i value of t!~ ~ (~,~I to
~ ~nd; ~ bdicy~s that two mid~ factors will slow rates of !,.d wdue
'I. Ln~~intl~Tll=di,~rictisl~n~tosmdlezmnnbetof~whocontml
~ ~ ofva=nt t,.a ~ stmu~ ,,,,it t~ xzgnfive implie~ions of spe~datio~
Analysis for South Padre Island - FINAL DRAFT
Page
J1JN-21.-21~I~It 17:8~ 312 427 ~ P,I~J/I?
New ~Fment Disamisa
Obviously, th,- long-~,-r,-. opporttmity for North PacL~ lshnd is the .h..,.. to
over I,,200 ames of vaunt land, inc!,~i-5 sizs on ~hz seawall. To deft-- ixagntisi
t~mnvch and nmnk"t evaluations noted above. and complet~ additional m-Hf. m.d~s to
~-~x pv~io~s a.,. and --~umptiom. F,u,. ~- effort, EP.A crem~d two altem~ve
developmere prograin-.:
(including ~ ent.~fni,,m,~, and m-.~,qm)~ and a new ~ginmd nUnorion (a
~ ~ 2~3 to ~id ~ ~ ~ ~ of ~ ~ ~u~ of
~ ~ ~ ~ o~.
TI~ Og~or/m~p A/&emm~e a.~m~es develolm~nt of:
· 3.000 dv.~Uing units (including ¢o-&xml.i,-,,.,
atmrm..-,x'R). ERA is asmnning 2000 hotel
bt~sass~ssnet~obebuillovetlgyesrs
· 300,000 ~ fcet of cmnnez~:iat sp~:~ Cm~h~ling t~an; enl~talm,-.-t. &.
~ F-,jects) ~ over 18 yeats.
· Anewsm-.,~n-~aUn~m.~b~awat~patk
. ~ COadnml.h,m and tilla,~--~%m'c traits could go on the ramtat at an avengc taxable
vaint orS175,000 lgr uult in year 2000
TIF Analysis for South Padr~ Island - FINAL DRAFT
Pa~e 7
49
· The hoxel and znlnnmcnt uni~s axe expected W go on the nad~ at an avena~e mxable
value of $12~,000 per unk in year 2000 dollan.
· Ths Wateqark is e,,pec~ed to go on ,.he tax ml. ls at a base value of $12.5 miil;oll hi
year 2000 dollan.
Each estimamd valuation is h~ated for~he as~,~ai future yeer ofdevelopme~ TaxabL~
vnlms ~or new devetcrpm~ are ~mect m gz~w at an animal rate of 3% over
az~omi~ ~ te~ozts, com!2iamd in the winmr of 1999/2000. Z.,nl~tly, nil ofd~se
as part of the ~js~= devel~t~ent dhamion, noted above.
Revenue Esgmam
ranbit value ~ ~u~=men% ~ by tbc ~ dislrict betwe=n 2001 to 2020,
alto, w~ by ta~z~juzi.qEti~on, shown i~ Tables 3 and 4. The fel]owinE ~mplicadmm arc .
Under the Conscrrafive Devein1,--?. ~ (Tabin 3), ~ m,,d~ u~- avenue
Vewth from about $62,000 in 2001 to 14.S edlHsl in 2010, tO ro-~Hy S8.3 rrdllion
in 2020. Total cumnhnivc T]~ rcvumm ~ 2003 and 2020 is e.s~r~,m-,t at abouZ
$90 million.
Under th~ Oppe~m;~' DevP. logn~ Option (Tahl~ 4), ERA ina;,..~.,~ TI~ re,,,ume
Fowth from apv~ox;maZely $62,000 h2001 To $6.6 million in 2010, to z~,~hh] $13.3
million in 2020. Total cam-entire fik~~ tevcxmc between 2003 and 2020 is esHrnat,,d
at about :;139 refilleD.
TIF Analysis for South Padre Island - FINAL DRAFT
Page 8 -'
N
Y
Comparison of Estimated Total Amual 71F Revenues from Partidpating Jurisdictions
2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017'2018 2019 2020
TIF Analysis for South Padre Island — FINAL DRAFT Page 9
1.•Y yOUAtY NPP.'r1YrY LYYYf{Lt
SaPTWANG 01101p, INC.
ii
d
�j EER OF PROPERTIES a 1561
i}S D - HONESITE
PPf7O - NON Ho"EstTE
10 - AO MARKET
0 - TIMBER MARKET
fV TOTAL LAND MARKET VALUE
M ROVEMENTS - HOMESITE
ROVEMENTO - NON HOMESITE
TOTAL IMPROVEMENTS
DONAL PROPERTY t0)
ERALS 10)
as t01
AL MARKET VALUE
AL HOMESTEAD CAP ADJUSTMENT (20)
AL EXEMPT PROPERTY (27)
AL.PRO00CTIV7TY MARKET INCH EXEMPT)
US�Fr�� 101
SEJ�;I78E t01
PR CTIVt Tr LOSS
AL AGRE88E0
MPTIONS
tH61 HOHESTEAD 11291
IDA) OVER 63 1591
(DPI DISABLED PERSONS 12)
IUV) DISABLED VET t5â–º
TOTAL EXEMPTIONS
TAXABLE
N
.a
I
fV
ti
APPROXIMATE TOTAL LEVY -(NET TAXABLE + TAH RATE 1100)
- 183.570.603 • _._ I
A b M 0 a Y B r Ii M
05/05/00 I1T; 6f1Pw.
.
2000 PRELIMINARY ROLL FOR ALL ENTITIESPSE
_—___—------ ---- ----------------------
) .
e►rw•w►••p►w�,wrrw•w•wr•wwww••.,M►•►•►►►•w•
�
`,
►►r►r PRELIMINARY ROLL GRAND TOTALS rr►rr
Orsâ–º CITY DF CC tcom) 44â–º9â–º
rr►rr 03foaf" O.T:08pA rrr►►
r►RrrY1►1M r•r • w1r►►*RrrO►N�rrr1N.•N•*HM►r
t+)
$5.491.334
01
023.9441, 756
(*)
s0
1•)
$29,438,910 /f1 W9, 435. 91O
I f )
042, 200, 790
1+(
017, 684, 297
1�)
039,884. 1S7 t+> 089.11104.087
so t+) $0
$0 f+) $0
t0 1+) so
1.1 389. X0,797
$119, 323. 797
(-1
0123.418
t -I
614.023
Ifl
s0
1-1
$0
/-1
$0
1.1
90
I-1
$0
4'1
$89,106.334
INS AMID 5.364,7231
I+1
$603.449 (STATE 01
1+)
02.367.302 16TATE 0)
Ifl
$100.000 (STATE O)
bf1
$43.000
(+)
$3,313.731
1-1
93.317.791
1-1
$03.870.603
APPROXIMATE TOTAL LEVY -(NET TAXABLE + TAH RATE 1100)
- 183.570.603 • _._ I
Padre
Tax
Financing
Irict
fiueces C~
Texas
/ ~te I. Feet
(~Copyright 1989-2000 City of Corpus Chrisfi
Bal
LE6END
TIF:Area (total acreage J930~
.... Corpus Chrlstl Cltg Limit Line
..... TIF Area BoundarSJ Line
/WHV/~OJU~O0 Cl~ Of Corpus Chrlstl, Planning Department
Tablet: Pmpeaed New DnelopmantPmpram Forlhe Planned TlFDleMetoe Noah P&Mlalend-Conaerva Y&DavelopmrNAMelrlaOve
1 a I r f r f • r 10 11 it N N 11 Is II e r to
�rIYJe IM n ae All, 20
�xuto nl r r N► .n
Tablet â–ºropowd New Devetopment Program For the Planned TIP DI%tdtt on North Padre Wand- Opportunity DeealopmentAttemetin
r" . . a a • a . a . . 1. u u n a n
>b an lea lal la. aM. as l w lel. >m 1N. ion MU an 1014 Ulf
Table 3: W MUM Taablo Votuaa and IMulunp Tam Mwlata Now C1mb1bu8np 1aNAcdetr • Con"MOm DwdopmaatAhenad
Of
ri
w • ) • • • • • a• m = 1 1• I, 11 R O 1/ 11 v a•
IaYLLVMM•RaR• pun /WdR /K•tl1 nauna merit Woof NJ7o1 RMRIM aWRn• ww// IIAMM •mum ReRn• Mu•.tp a .M4 W. V.91,111 t/.ntfo 1wRW Pmm
n
:` 1aWCaMla1•nllalwla WN/ $min $1,111,111FMetal, 1,64"a 1R•Rn• 1Mw SIMMONSSIMMONS%MKM Ru4m WRIT auoaR • SNLM 1W�•aRr taUyaa aRwU� aRtnyR V�M.M IRaIRM mm.
1
l
t
T,
Table II: Ti District Taxable Values and Resulting Tae Rsvmm Am" to Catttdbuting Mbdktbns - Opportunity geeala meet IlltamaWS,
r.r • r r - 1 • 1 • 1 e e 1• 11 111 of u is x Ir 1r 11 r
xiYeeMMeryeee MWDI IY1.111 5x SUMV11 maw U.MxI ROUND Ham" Qe11JY t;eKae n1x•an 11,4101 lamas so." "Ipwi• 111,73tI04 10U21,04 9123", /IlplJll sup"'M
I
` ''gItW11YWInIMIIe1 IRar1 WWI max "A"'tr sumum 14emums I"w "Wast plum, Ynleuel "Usum wasuslt IWKM MAWS P&MM MMIM NOMAS Inumm momim fWW1M
I
Exhibit 2
NOTICE OF PUBLIC SCOPING MEETING
FOR
PACKERY CHANNEL - NORTH PADRE ISLAND STORM DAMAGE
REDUCTION AND ENVIRONMENTAL RESTORATION PROJECT
CORPUS CHRISTI, TEXAS
Internstad parties am hereby notified of and invited to attend a publie scoping meeting to
be conducted by the U.S. Army Corps of Engineers and the City of Corpus ChrisU on:
THURSDAY, SEPTEM? ;.R 7, 2000
7:00 - g:00 PM
(REGISTRATION BEGINS AT 6:00 PM)
BAYFRONT CONVENTION CENTER
ROOM 220
1901 N. SHORELINE BLVD.
CORPUS CHRISTI, TEXAS
The purpose of the meeting is to inform the community about the project and how project
studies will be conducted. The meeting will provide an opportunity for all persons to
comment and provide information to help assure that all environmental issues and
Impacts of the project are considered. Those unable to attend may send written
comments to:
U.S. ARMY ENGINEER DISTRICT, GALVESTON
ATTENTION: CESWG-PE-E
P.O. BOX 1229
GALVESTON, TEXAS 77553-1229
59
Exhibit 3
Economics Research Associates
Final Report for
Economic Impact Analysis for
the Proposed TIF District on
North Padre Island
Submitted to
The City of Corpus Christi
Prepared By
Economics Research Associates,
Chicago
June 2000
Table of Contents
1.0 INTRODUCTION .......................................................................................................
2.0 DIRECT ECONOMIC IMPACT ...................................................................... 2
2.1 CONSERVATIVE DEVELOPMENT ALTERNATIVE .................................................................................... 2
h'otel/Resort Developments ...................................................................................................................2
2. Residential Units ...............................................................................................................................3
3. Retail .................................................................................................................................................3
4. Food and Beverage Establishments .................................................................................................. 4
5. Waterpark ........................................................................................................................................4
2.2 OPPORTUNITY DEVELOPMENT ALTERNATIVE ...................................................................................... 5
l. Hotel/Resort Developments ...............................................................................................................5
2. Residential Units ......................................................................................................2 ........................5
3. Retail .................................................................................................................................................6
4. Food and Beverage Establishments .................................................................................................. 6
5. Waterpark ........................................................................................................................................7
2.3 SUMMARY ............................................................................................................................................7
3.0 CONSTRUCTION IMPACTS ................................................................................... 9
Economic Impact Analysis for the Proposed .TIF~dis_=n,,~.t. rict or~ ~North Padre Island-Final Page ii
Table of Tables
CFABLE I - ECONOMIC IMPACT OF OVERNIGI~T VISITORS AT THE TIF DISTRICT RESORTS ..............................
TABLE 2 -EeONOMIC IMPACT OF TOTAL VISITORS AT THE TIF DISTR/CT RETAIL DEVELOPMENTS ...............
TABLE 3 - ECONOMIC IMPACT OF ALL VISITORS AT THE TIF DISTRICT F&B ESTABLISI4MENTS ....................
TABLE 4 - PROJECTED DIKECT ECONOMIC IMPACTS AT THE TI,F DISTRICT - CONSERVATIVE SCENARIO ........
TABLE 5 - PROJECTED DIRECT ECONOMIC IMPACTS AT THE '['IF DISTRICT - OPPORTUNITY SCENARIO ..........
TABLE 6 - CONSTRUCTION IMPACTS - CONSERVATIVE DEVELOPMENT SCENARIO .........................................
TABLE 7 - CONSTRUCTION IMPACTS - OPPORTUNITY DEVELOPMENT SCENARIO ............................................
Economic Impact Analysis for the Proposed TIF ' trict on North Padre Island-Final Page iii
1.0 Introduction
Economics Research Associates was engaged in TIF Analysis study submitted in May
2000 to the City of Corpus Christi. The TIF analysis study estimated tax increment
revenues from the proposed development on North Padre Island. The TIF analysis study
proposed two development scenarios for the proposed district; a conservative scenario
and a mor~ aggressive "opportunity" scenario. The purpose of this report is to show the
direct economic impact for the proposed two scenarios on the area. In addition to the
suggested development programs, we make use of a demand analysis study prepared by
ERA during winter 1999/2000 for a proposed development on North Padre Island.
The direct economic impact measures final demand output (revenue) generated by
visitors to the TIF district and by local residents using the facilities at the district. In
addition, jobs created and/or associated with this revenue, earned wages, state and local
tax revenue are measured and reported by type of development. The five main
developments are:
1. Hotel/Resort Developments
2. Residential Units
3. Retail
4. Food and Beverage Establishments
5. Waterpark
The direct economic impact is measured separately for each scenario. All dollar mounts
in the direct economic impact section are reported in constant 1999 dollars since most of
the data gathered and used in this analysis are in 1999 dollars. The short-term
construction economic impact measures total construction costs derived at in the
analysis study (Table 1 and Table 2), short terms construction jobs and wages associated
with theses jobs. Dollar amounts reported in that section are in current dollars.
Economic Impact Analysis for the Proposed TIE Ig~trict on North Padre Island-Final Page 1
2.0 Direct Economic Impact
This section presents economic impact projections for the proposed new development
program for the planned TIP District on North Padre Island. Earlier in the report, two
scenarios have been proposed: an opportunity alternative and a conservative altemative.
Economic impact projections are presented for each scenario. Assumptions used in this
analysis are based on the demand analysis study completed earlier by ERA for the
proposed development on North Padre Island.
All dollar figures arc in constant 1999 dollars. The proposed program assumes that
different projects will be phased over a number of years. However, the economic impact
analysis is conducted assuming all units are built in each scenario. ConstruCtion jobs and
wage impacts arc calculated based on the estimated consauction costs presented in Table
1 and Table 2 for the conservative and opportunity development alternatives respectively.
Therefore, wages are in current dollars for each year when the impact occurs.
2.1 Conservative Development Alternative
Based on this scenario, it is projected that the following developments will occur in the
TIP district:
I. Hotel/Resort Developments -- Total of 1,200 rooms
2. Residential Developments -- Total of 500 units
3. Retail
4. Food and Beverage Establishments
5. Waterpark
The visitor market will support most of the economic impact at these developments. In
addition, the resident market will generate additional impact at the retail and food and
beaterage establishments. Residential units are assumed to be largely retirement
communities that ire occupied year round. Therefore, people purchasing these units,
would generate economic impact on the area as residents and not visitors.
Hotel/Resort Developments
Based on the demand analysis study, visitors to the proposed resorts on North Padre
Island are expected to spend on average 2.3 nights on the island. In addition, the study
suggests that on average 2.6 people will occupy each hotel/resort room. Average daily
rates are projected at SI35. This ADR is comparable to mid to upscale beach resorts in
the area. Average occupancy rate is projected at 68°,/0. Therefore, it is projected that
when all 1,200 rooms are available, total number of visitors will reach 336,689 visitors
Economic Imp,act Analysis for the Proposed TIP ' trict on North Padre Island-Final Page 2
annually. Table i shows the economic impact generated by overttight visitors at the
proposed resorts.
Table 1 - Economic Impact of Overnight Visitors at the TIF District Resorts
Overnigl~t Direct Supported Wages State Tax Local Tax
Visitors Revenue Jobs (1999 $) (1999 $) (1999 $)
(1999 $)
336,689 40,208,400 900 10,998,900 2,412,504 3,618,756
Source: ERA
Direct revenue will reach over $40 million. Ovemight visitors will support 900 new jobs.
New earrungs will reach approximately S 11 million. Local tax revenue will reach $3.6
million at 9% tax rate and state tax revenue will reach $2.4 million at the current 6% tax
rate. Number of employees is proportional to the number of rooms and follows fi'om
industry standards.
2. Residential Units
The conservative scenario projects 500 units to be developed in the TIF district. We
further assume that these units will be occupied year round and therefore, occupants will
generate economic impact similar to that of residents. Based on the national consumer
survey, households over 65 years old spend on average $25,275 per consumer unit
annually. The projected 500 units will generate $12.63 million in expenditures, support
129 jobs earning Sl.66 million in wages. In addition, local and state tax revenue will
reach approximately $1 million.
3'; Retail
Revenue at retail establishments in the TIF district will come from different markets.
Overnight visitors at the TIF district resorts, overnight visitors at other area
accommodation, day visitors to the area and the resident market will contribute to retail
expenditures. Depending on the type of retail, average daily expenditures per person may
vary accordingly. It is assumed that overnight visitors will spend on average $12 per
person per day, while day visitors and local residents will spend on average $I0. The
following table shows each market contribution to the economic impact from retail
expenditure.
Table 2 - Economic Impact of Total Visitors at the TIF District Retail Developments
Total Direct Supported Wages State Tax Local Tax
Markets Revenue Jobs (1999 S) (1999 $) (.1999 $)
(1999 $)
1,612,270 19,988,153 203 2,632,136 1,249,260 324,807
Source: ERA
Economic Impact Analysis for the Proposed TIFq~istrict on North Padre Island-Final Page 3
Total revenue is projected at $20 million with 203 new jobs supported earning over $2.6
million in wages. Local and state tax revenues will reach over $1.5 million. In addition,
overnight visitors at the TIF districts resorts will generate retail and food and beverage
revenue off-site (off the TIF district). However, these impacts are not captured in this
analysis.
4. Food and Beverag{l~tablishments
As noted in Table 1, an estimated 150,000 SF of commemial space will be developed. It
is further assumed that the food and beverage establishments developed in the TIF district
will be of high quality and viewed as "destination" restaurants. All markets will
contribute to the final demand output generated at these establishments including the
resident market. Assuming a range of dally expenditures from $8 per person from the
resident market to $22 per person from the TIF district resorts overnight visitors, total
expenditure will reach S23.8 million. The following table shows the irapacts from all
markets.
Table 3 - Economic Impact of All Visitors at the TIF District F&B Establishments
Total Direct Supported Wages State Tax Local Tax
Markets Revenue Jobs (1999 5) (1999 5) (1999 5)
(1999 $)
1,612,270 23,793,944 700 6,424,365 1,487,122 386,652
Revenue generated at these establishments ~vill support 700 new jobs earning $6.4
million. Local and state tax revenue is estimated at $1.8 million.
5. Waterpark
Preliminary demand projections indicate that attendance will reach approximately
400,000 by the stabilization year. Attendance will be generated from all markets
including the resident market. It is further assumed that the average admission fee is $13
per person and that other revenue such as food and beverage, locker rentals, etc. is on
average $5 per person. Therefore the waterpark will contribute $7.2 million in direct
revenue.and will support an equivalent of 158 full-time jobs. In general more part-time
employees are hired during the high season. They will earn $1.6 million in wages. The
waterpark will generate $32,500 in sales and other local taxes and $125,000 in state
taxes.
Economic Impact Analysis for the Proposed TIE ' trict on North Padre Island-Final Page 4
2.2 Opportunity Development A Itenza tire
This scenario assumes that a total of 2,000 hotel/resort rooms will be developed in the
TIF district. Furthermore, it assumes that a total of 1,000 residential units will be
developed. We assume that at least 500 units will be second homes and 500 units will be
in retirement communities. The scenario also assunaes that 300,000 SF of commercial
space ~vill be available for retail, entertainment and food and beverage establishments.
Based on these assumptions and the demand analysis study, the estimated economic and
tax revenue impact is presented thereafter. Assumptions presented in the conservative
development alternative hold for the opportunity development alternative unless
othersvise stated.
1. Hotel/Resort Developments
With the projected 2,000 rooms, total number of visitors at these resorts will reach
approximately 561,000 annually. The foilowing table shows the impact generated by
these overnight visitors at the resorts developed in the TtF district.
Overnight Direct Supported Wages State Tax Local Tax
Visitors Revenue Jobs (1999 S) (1999 $) (1999 $)
(1999 $)
561,148 67,014,000 1,500 18,331,500 4,020,840 6,031,260
Direct revenue will reach over $67 million. Overnight visitors will support 1,500 new
jobs. New earnings will reach approximately $18 million. Local tax revenue will reach
$6 million at 9% tax rate and state tax revenue ~vill reach 54 million at the current 6% tax
rate. Number of employees is proportional to the number of rooms and follows from
industry standards.
2. Residential Units
Assuming that 500 units will be in the retirement community and that these units will be
occupied year round and therefore, occupants will generate economic impact similar to
that of residents. The impact is similar to the one estimated under the conservative
.development alternative. The projected 500 units ~vill generate $12.63 million in
expenditures, support 129 jobs earning $I.66 million in wages. In addition, local and
state tax revenue will reach approximately $1 million.
However, under this scenario, we further assume that 500 units Will be developed as
seasonal residential units or second homes. The demand analysis study shows that these
units will be developed as condominiums and not stand-alone houses. In addition, the
study indicates that 60% of units will be in rental progarns (300 units.) During the peak
season (April through September), average occupancy rates is projected to reach 50%.
Economic Impact Analysis for the Proposed TIF fS~strict on North Padre Island-Final Page 5
Average number of occupants per unit is projected at 4 people. Average length of stay
per party is projected at 5 nights. The remainder six months (October through March),
the units xvill either be empty of will be occupied by the owners for approximately 2
weeks and by their friends and relatives for other periods. Units that are not in the rental
pro~am (200 units) will be occupied by their owners and their friends and relatives.
However, it is hard to account for the economic impact of those units.
The following table shows the projected direct economic impacts of second homes
developed in the TIF District. Dividing the rented units by 2.9 (average number of
persons in a consumer trait) we arrive at the number of consumer units. In addition,
annual expenditures were calculated based on the number of days each unit is occupied.
Number of Consumer Annual Total State Tax Local Tax Supported Wages
Units Units Expenditure Expenditures (19995) (19995) Jobs (19995)
rented (19995) (19995)
150 207 i9,156 3,963,381 247,711 64,405 40 521,917
500 690 1,466 1,010,698 63,169 16,424 10 133,094
Total 4,974,079 310,880 80,829 51 655,011
Second homes ~viI1 generate approximately $5 million in expenditures, support 51 jobs in
the community earning $655,000. Local and state tax revenue will reach approximately
$400,000.
3. Retail
The projected overnight visitors at the TIF district resorts in addition to other visitor and
resident markets will account for 1.8 visitors annually. The impact of this market is
presented in the following table. All assumptions stated in the conservative scenario
holds here.
Total Direct Supported Wages State Tax Local Tax
Markets Revenue Jobs (1999 $) (1999 $) (1999 $)
(1999 $)
1,836,729 23,489,716 239 3,093,239 1,468,107 381,708
The market will generate S23,5 million in revenue, support 239 new jobs earning a little
over $3 million in ~vages. Local and state tax revenue will push over $1.8 million.
4. Food and Beverage Establishments
Based on earlier assumptions, direct revenue at food and beverage establishments at the
TIF district will reach over S30 million. Approximately 900 new jobs will be generated
earning over $8 million in wages. State and local tax revenue will reach over $2.3
million.
Economic Impact Analysis for the Proposed .TIF.~,trict o~LNorth Padre Island-Final Page 6
Total Direct Supported Wages State Tax Local Tax
Markets Revenue Jobs (1999 S) (1999 $) (1999 $)
(1999 $)
1,836,729 30,213,475 889 8,157,638 1,888,342 490,969
5. Waterpark
Preliminary demand projections indicate that attendance will reach approximately
400,000 by the stabilization year. Attendance will be generated from all markets
including the resident market. It is further assumed that the average admission fee is $13
per person and that other revenue such as food and beverage, locker rentals, etc. is on
average $5 per person. Therefore the waterpark will contribute $7.2 million in direct
revenue and will support an equivalent of 158 full-time jobs. In general more part-time
employees are hired during the high season. They will earn $1.6 million in wages. The
waterpark will generate $32,500 in sales and other local taxes and $125,000 in state
taxes.
2i~ SUmmartj
The following two tables summarize the direct economic impact of the proposed
developments in the TIF district. The first table shows the impact for the conservative
development scenario and the second table shows the impact for the opportunity
development scenario.
Table 4 - Projected Direct Economic Impacts at the TIF District - Conservative Scenario
Conservative Development Scenario
· ~ltraction Direct Revenue Supported Wages Local Tax State Tax
Jobs
Resorts $40,208,400 900 $10,998,900 $3,618,756 $2,412,504
Residential Units $12,637,500 129 $1,664,167 $205,359 $789,844
Retail $19,988,153 203 $2,632,136 $324,807 $1,249,260
F&B Establishments $23,793,944 700 $6,424,365 $386,652 $1,487,122
Waterpark $7,200,000 158 $1,584,000 $32,500 $125,000
Totals $103,827,997 2,090 $23,303,568 $4,568,074 $6,063,730
Source: ERA
Economic Impact Analysis for the Proposed TIFl~_istrict on North Padre Island-Final Page 7
Table 5 - Projected Direct Economic Impacts at the TIF District - Opportunity. Scenario
Opportunity. Development Scenario
Attraction Direct Revenue Supported Wages Local Tax
Jobs
Resorts S67,014,000 1,500 S18,331,500 $6,031,260
ResidentialUnits $I7,611,579 179 $2,319,178 $286,188
Retail $23,~89,716 239 $3,093,239 $381,708
F&B Establistmaents $30,213,475 889 $8,157,638 $490,969
Waterpark $7,200,000 158 $1,584,000 $125,000
Totals $145,528,770 2,965 S33,485,555 $7,315,125
Source: ERA
State Tax
$4,020,840
$1,100,724
$1,468, 107
$1,888,342
$32,500
S8,510,513
Economic Imp, act Analysis for the Proposed TI istrict on North Padre Island-Final Page
3.0 Construction Impacts
Based on the construction structure of the two alternatives, the following two tables show
the construction impact in terms of number of construction related jobs and the earned
wages associated with the jobs. Since the construction costs were inflated, the estimated
wages are 'also inflated, therefore all dollar amotmts, unlike the direct economic impact,
are in current dollars. The number of construction related jobs does not include jobs
relate to land development and is equivalent to full time jobs.
Table 6 - Construction Impacts - Conservative Development Scenario
Conservative Development Scenario
Attraction Total Wages Number of Construction
Construction Related Jobs
Costs
Resorts $195,506,160 $78,202,464 1,655
Residential Umts $108,564, 117 $43,425,647 966
Commercial Space $14,725,383 $5,890,153 124
~'aterpark $15,373,423 ' $'6;149,369 138
Total $334,169,084 $133,667,633 2,883
The conservative scenario predicts total construction costs to reach $334 million, number
of construction related jobs would reach almost 2,900 jobs earning over $133 million in
wages.
Table 7 - Construction Impacts - Opportunity Development Scenario
Opportunity. Development Scenario
Attraction Total Wages Number of Construction
Construction Related Jobs
Costs
Resorts $322,791,725 $129,116,690 2,759
ReSidential Unim $228,543,213 $91,417,285 1,931
Commercial Space $31,239,025 $12,495,610 248
Waterpark $15,373,423 $6,149,369 138
Total $597,94%386 $239,178,955 5,076
The opportunity scenario predicts total construction costs to reach $598 million, number
of construction related jobs ~vould reach 5,000 jobs earning over $239 million in wages.
Economic Impact Analysis for the Proposed TIF g)tstrict on North Padre Island-Final Page 9
Exhibit 4
ORDINANCE
DESIGNATING A CERTAIN AREA WITHIN THE JURISDICTION OF THE
CITY OF CORPUS CHRISTI AS A TAX INCREMENT FINANCING
DISTRICT TO BE KNOWN AS "REINVESTMENT ZONE NUMBER TWO,
CITY OF CORPUS CHRISTI, TEXAS", ESTABLISHING A BOARD OF
DIRECTORS FOR SUCH REINVESTMENT ZONE, AND OTHER
MATTERS RELATING THERETO.
WHEREAS, the Texas Legislature has authorized cities to establish reinvestment zones by
its enactment of the Tax Increment Financing Act, Chapter 311 of the Texas Tax Code (the"Act");
and
WHEREAS, it has been proposed that the City of Corpus Christi should establish a
reinvestment zone (hereinafter "the Zone"), as authorized by the Act, within the area of the City as
described by metes and bounds in Exhibit "A" and depicted by map in Exhibit "B , ' which exhibits
are attached hereto and incorporated herein; and
WHEREAS, the City has prepared a preliminary reinvestment zone financing plan, a true and
correct copy of which is attached to this Ordinance as Exhibit "C,' and incorporated heroin; and has
presented the plan to the governing body of each taxing unit that levies taxes on real property in the
propose..d zone, provided notice to each such taxing unit of the creation of the proposed zone, made
a formal presentation to representatives of each such taxing unit, and taken all other actions in
accordance with Section 311.003 of the Act; and
WHEREAS, the preliminary reinvestment zone financing plan provides that the ad valorera
taxes of the City constituting its tax increment are to be deposited into the hereinafter created Tax
Increment Fund, and that ad valorera taxes of the other taxing units constituting their respective tax
increments may also be utilized for the purposes described in the preliminary financing plan; and
WHEREAS, in compliance with the Act, the City called a public hearing to hear public
comment on the creation of the proposed zone and its benefits to the City and the property in the
OJRB0501.001 1
proposed zone; and
WHEREAS, in compliance with the Act, notice of such public hearing was published in the
Corpus Christi Caller-Times, a daily newspaper having general circulation in the City, such
publication date being not later than seven (7) days prior to the date of the public hearing; and
WHEREAS, such hearing was convened at the time and place mentioned in the published
notice, to-wit, on the 291h day of August, 2000, at the Regular Meeting of the City Council
commencing at 2:00 p.m., at the City Hall of the City, which hearing was conducted and then closed;
and
WHEREAS, the City, at such hearing, invited and permitted any interested person to speak
for or against the creation of the zone, its boundaries, and the concept of tax increment financing;
and
WHEREAS, all owners of property located within the proposed zone were given a
reasonable oppommity to protest the inclusion of the property in the proposed zone; and
WHEREAS, City Council considered all information provided to it relevant to the merits of
creating the zone, consistent with the criteria in Chapter 311; and
WHEREAS, all requirements of the Act have been met.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS, THAT:
SECTION 1: The facts and recitations contained in the preamble of this Ordinance are hereby
found and declared to be tree and correct.
SECTION 2: The City Council, after conducting the above-described public hearing and
having heard all evidence and testimony, hereby makes the following findings and determinations
based on the evidence and testimony presented to it:
0JRB0501.001 7~ 2
(a)
That the Zone is a contiguous geographic area located wholly within
the corporate limits of the City.
That the area substantially arrests or impairs the sound growth of the
City, retards the provision of housing accommodations, constitutes an
economic or social liability, and is a menace to the public health,
safety, morals, or welfare in its present condition and use because of:
(1) unsafe conditions, including a 1.2 mile long seawall which is
imminenfiy thxeatened by beach erosion, such threat to the
seawall posing a severe and imminent threat, especially by
catastrophic storm, to a large number of hotels,
condominiums and other living units, as well as to public
roads, infrastructure, and facilities protected by said seawall;
(2) the deterioration of site or other improvements including
severe erosion in front of the above-described seawall posing
a severe and imminent threat to the properties and public
infrastructure protected by said seawall as described above;
(3) conditions that endanger life or property by fire or other cause
including severe erosion in frotu of the above-described
seawall posing a severe and imminent threat to the properties
and public infrastructure protected by said seawall as
described above;
(4) the predominance of defective or inadequate sidewalk or
street layout; and
0JRB0501.001
3 3
(C)
(e)
(f)
(g)
(5) faulty lot layout in relation to size, adequacy, or usefulness.
That the area is predominantly open and, because of obsolete platting,
substantially impairs or arrests the sound growth of the City.
That the area is predominantly open and, because of deterioration of
structures or site improvements, or other factors, including severe
erosion in front of the above-described seawall, posing a severe and
imminent threat to the properties and public infrastructure protected
by said seawall as described above, substantially impairs or arrests the
sound growth of the City.
That the area is predominandy open and substantially impairs or
arrests the sound growth of the City because of various factors,
including but not limited to the following: (A) a significant portion of
the area does not have access to roadways of the City and (B) natural
waterways exist within the area that pose drainage and flooding
hazards to the City, thereby rendering the area unproductive and
underdeveloped.
That tourism and convention business is of extreme importance to the
Corpus Christi economy, which has not shred in the economic
prosperity enjoyed by the rest of the State in recent years, and the area
within the proposed district has tremendous, unrealized potential to
provide tourist and convention facilities, and it is essential that this
presently undeveloped area be fully developed.
That no more than ten (10) percent of the property in the proposed
0JRB0501.001
4
reinvestmere zone, excluding property that is publicly owned, is used
for residential purposes.
(h) That the total appraised value of taxable real property in the proposed
reinvestment zone and in existing reinvestment zones within the City
according to the most recent appraisal rolls for the City, does not
exceed fifteen (15) percent of the current total appraised value of
taxable real property in the City and in the industrial districts created
by the City.
(i) That the proposed reinvestment zone does not contain more than
fifteen (15) percent of the total appraised value of real property
taxable by a county or school district.
(j) That the improvements to be implemented in the proposed zone will
significantly enhance the value of all taxable real property in the
proposed zone and will be of general benefit to the City.
SECTION 3: The City Council hereby designates as a reinvestment zone the area described
by the metes and bounds in Exhibit "A " and depicted by map in Exhibit "B " to promote development
and redevelopment of the area, which development or redevelopment the City Council does hereby
determine would not occur solely through private investment in the reasonably foreseeable future.
Such reinvestment zone shall hereafter be identified as "Reinvestmere Zone Number Two, City of
Corpus Christi, Texas" (the "Zone" or the "Reinvestment Zone").
SECTION 4: That there is hereby established a board of directors for the Zone (the "Board")
which shall consist of fifteen (15) members. The Board shall be appointed as follows:
(a) Pursuant to Section 311.009(a), Tax Code, the respective governing bodies
0JRB0501.001 5 5
of each taxing unit other than the City each may appoint one (1) member of
the Board. Each said governing body may waive its right to appoint a
director, and shall be deemed to have waived such right if it has not made
such appointment within thirty days of receiving written notice of its right to
appoint. The remaining members of the Board are appointed by the City
Council of the City. All members appointed by the Board shall meet
eligibility requirements as set forth in the Act. Provided, however,
notwithstanding any other provision of this Ordinance, the City Council shall
have the right to appoint at least ten (10) members of the Board, and the
Board shall exceed fifteen (15) members if necessary for the City Council to
make said ten (I0) appointments.
(b) Terms of Board members shall be two years. Terms shall be staggered, with
the first term of eight (8) City Council appointees being for one year.
Officers shall be appointed as provided in the Act.
(c) The Board shall make recommendations to the City Council concerning the
administration of the Zone. The Board shall prepare and adopt a project plan
and reinvestment zone financing plan for the Zone and submit such plans to
the City Council for its approval in accordance with Section 311.011, Texas
Tax Code. The Board shall exercise other powers and responsibilities with
respect to the Zone only to the extent expressly granted by the City Council
by ordinance or resolution.
SECTION 5: The Zone shall take effect immediately upon the passage of this Ordinance.
Termination of the Zone shall occur on December 31, 2022, or at an earlier time designated by
0~RB0501.001 7~6 6
subsequent ordinance of the City Council or at such time as all project costs, and all tax incremem
bonds and interest thereon, have been paid in full.
SECTION 6: The Tax Increment Base for the Zone, which is the total appraised value of all
taxable real property located in the Zone for the year in which the Zone is designated is shown in the
attached Exhibit "D" , incorporated herein.
SECTION 7: There is hereby established a Tax Increment Fund for the Zone, which may be
divided into such accounts and subaccounts as deemed necessary or convenient in accordance with
generally accepted accounting principles for government, into which all tax increments, less any
amounts not required to be paid into the Tax Increment Fund pursuant to the Act, are to be deposited.
The Tax Increment Fund shall be utilized only for purposes permitted by the Act and managed in
accordance with the Act.
SECTION 8: The City Council hereby finds that the creation of the Zone and the expenditure
of moneys on deposit in the Tax Increment Fund is necessary or convenient to the creation of the
Zone or to the implementation of the project plan for the Zone and constitutes a program to promote
local economic development and to stimulate business and commercial activity in the City.
SECTION 9: That if any section, paragraph, clause or provision of this Ordinance shall for
any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such section,
paragraph, clause or provision shall not affect any of the remaining provisions of this Ordinance.
SECTION 10: This O~dinance shall take effect immediately upon its passage.
0JRB0501.001 7 7
AGENDA MEMORANDUM
August 24, 2000
AGENDAITEM:
Presentation on the creation of a Corporation under Section 4A of the Development
Corporation Act of 1979 including a review of proposed Articles of Incorporation.
iSSUe:
The City Council has authorized the submission of three 1/8 cent sales tax propositions
to the voters in November. In order to implement any of the 1/8 cent sales tax
propositions that are approved, the City must create a non-profit corporation in
accordance with state law ( a "4A Corporation") to implement all of the programs and/or
projects approved. This action proposes to take the first step in creating the corporation.
In accordance with the provisions of the statute and prior discussion, the board would
consist of 5 members serving one year terms. The attached Articles of Incorporation
have been drafted for consideration.
Prior Council Action:
On July 18 and 25, City Council adopted an ordinance calling a special election for
November 7 at which three 1/8 cent sales tax propositions would be considered.
Required Council Action:
Creation of a 4 A Corporation is a requirement for implementation of the sales tax items.
The timing of creation of the corporation is a policy decision. Past Council discussion
indicated a desire on Council's part to proceed with the creation of the corporation prior
to th~ election. With Council concurrence to the structure, the staff would propose to
place approval of the Articles of Incorporation and appointment of the initial Board on the
September 12 agenda.
Recommendation:
It is recommended that Council authorize us to place approval of the attached
Resolution and Articles of Incorporation on the September 12 Council agenda to include
the appointment of the initial 5 member Board of Directors,
~ger
Attachments
79
AGENDA MEMORANDUM
August 24, 2000
AGENDA ITEM:
Presentation on the creation of a Corporation under Section 4A of the Development
Corporation Act of 1979 including a review of proposed Articles of Incorporation.
Issue:
The City Council has authorized the submission of three 1/8 cent sales tax propositions
to the voters in November. In order to implement any of the 1/8 cent sales tax
propositions that are approved, the City must create a non-profit corporation in
accordance with state law ( a "4A Corporation") to implement all of the programs and/or
projects appreved. This action proposes to take the first step in creating the corporation.
In accordance with the provisions of the statute and prior discussion, the board would
consist of 5 members serving one year terms. The attached Articles of Incorporation
have been drafted for consideration.
Prior Council Action:
On July 18 and 25, City Council adopted an ordinance calling a special election for
November 7 at which three 1/8 cent sales tax prepositions would be considered.
Required Council Action:
Creation of a 4 A Corporation is a requirement for implementation of the sales tax items.
The timing of creation of the corporation is a policy decision. Past Council discussion
indicated a desire on Council's part to proceed with the creation of the corporation prior
to the election. With Council concurrence to the structure, the staff would propose to
place approval of the Articles of incorporation and appointment of the initial Board on the
September 12 agenda.
Recommendation:
It is recommended that Council authorize us to place approval of the attached
Resolution and Articles of Incorporation on the September 12 Council agenda to include
the appointment of the initial 5 member Board of Directors.
~ger
Attachments
79
Corpus Christi, Texas
day of ,2000
The above resolution was passed by the following vote:
Samuel L. Neal,
Javier D. Colmenero
Melody Cooper
Henry Garrett
Dr. Arnold Gonzales
Rex A. Kinnison
Betty Jean Longoria
John Longoria
Mark Scott
2
0JRB0502.018
81
ARTICLES OF INCORPORATION
OF
CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION
THE STATE OF TEXAS §
COUNTY OF NUECES §
CITY OF CORPUS CHRISTI §
WE, THE UNDERSIGNED natural persons, not less than three in number, each of whom
is at least 18 years of age, and each of whom is a qualified elector of the City of the City of Corpus
Christi, Texas (the "City"), which is a duly established City under the Texas Constitution, acting as
incorporators of a public instrumentality and nonprofit development corporation (the "Corporation")
under the "Development Corporation Act of 1979", as amended, do hereby adopt the following
Articles of Incorporation for the Corporation:
ARTICLE ONE
NAME
The name of the Corporation is "Corpus Christi Business and Job Development
Corporation."
ARTICLE TWO
AUTHORIZATION
The Corporation is a nonprofit corporation under the Texas Non-Profit Corporation Act,
Article 1'396-1.01, et seq., Tex. Rev. Civ. Stats. Ann., as amended (the "Non-Profit Act"), and a
corporation under the Development Corporation Act of 1979, Article 5190.6 Tex. Rev. Civ. Stats.
Ann. (the "Act"), and shall be governed by Section 4A of said Act, as now existing or as may be
amended.
ARTICLE THREE
PERPETUAL DURATION
The period of duration of the Corporation is perpetual.
0JRB0502.023
84
ARTICLE FOUR
PURPOSE AND LIMITATIONS
The Corporation is organized exclusively for the purposes ofbenefiting and accomplishing
public purposes of, and to act on behalf of, the City, to undertake, maintain and finance projects
authorized through Propositions 4, 5, and 6 on the election ballot for November 7, 2000 as described
in Section 7 of the City's Ordinance No. 024121 (July 25, 2000),' as amended, if and as approved by
the voters of Corpus Christi on November 7, 2000. Monies maintained in the separate fund for
Proposition No. 6 shall be expended only to attract and seem'facilities and employers who
contractually agree: 1) to add new facilities or expand existing facilities in Corpus Christi, and 2)
to permanently hire or maintain employees in Corpus Christi. Criteria shall be developed by the
Corporation, subject to approval of the Corpus Christi City Council, to assure that employers
assisted with said funds meet said requirements for facilities and employees, and such criteria shall
include provision for repayment of incentives and/or economic sanctions for failure to meet the
criteria~ Further, monies maintained in the separate fund for Proposition No. 6 shall never be used
for projects associated with the dredging of Packery Channel or for the projects proposed to be
authorized in Propositions 4 and 5 of Section 7 of Ordinance No. 024121. With respect to said
projects as may be approved by the voters, the corporation shall have all the powers of a corporation
under Section 4A of the Act, and all actions of the Corporation relating to projects and its activities
in general shall be taken in accordance with the provisions of the Act.
ARTICLE FIVE
NO MEMBERS; NONSTOCK CORPORATION
The Corporation has no members and is a nonstock corporation.
ARTICLE SIX
SALES TAX
Upon receipt from the City of the proceeds of the sales and use tax imposed under Section
4A of th~ Act, the Corporation may use the proceeds as permitted hereby and by the Act as now
existing or as may be amended.
ARTICLE SEVEN
AMENDMENT
These Articles of incorporation may be amended in accordance with the requirements of the
Act.
ARTICLE EIGHT
0JRB0502.023
2
85
REGISTERED ADDRESS/AGENT
The address of the initial registered office of the Corporation is Corpus Christi Development
Corporation, City Hall, Corpus Christi, Texas 78401-2825 and the name of its initial registered agent
at such address is Armando Chapa, City Secretary, City of Corpus Christi, or his Successor.
ARTICLE NINE
BOARD OF DIRECTORS
(a) The affairs of the Corporation shall be managed by a board of directors which shall
be composed of five persons appointed by the City Council of the City. The term of the directors
shall be one year, expiring on August 31 of each year. Directors may be appointed to succeed
themselves. Each director must be a resident of the City.
(b) The names and street addresses of the persons who are to serve as the initial directors
and the dates of expiration of their initial terms as directors, are as follows:
NAMES
ADDRESSES
Each director is, and must be, a qualified elector of the City. Each director, including the initial
directors, shall be eligible for reappointment. Each director shall serve until a successor is
appointed~ Directors are removable by the City Council at any time without cause.
(c) The directors shall serve without compensation, but they may be reimbursed for their
actual expenses incurred in the performance of their duties as directors. Any vacancy occurring on
the board of directors shall be filled by appointment by the City Council of a person who shall hold
office until the expiration of the term.
(d) The board of directors shall elect a president, vice-president, secretary and any other
officers that the City Council considers necessary, to serve as executive officers of the Corporation,
as more specifically provided in the Corporation's By-laws. The term ofeach officer's office shall
expire on August 31 of each year. The City Manager shall serve as executive director of the
0JRB0502.023
3
86
Corporation and the City Secretary shall serve as assistant secretary, to provide administrative
support services for the corporation.
(e) The board shall conduct all meetings within the botmdaries of the City. Meetings of
the board of directors are subject to the Texas Open Meetings Act and the Texas Open Records Act.
ARTICLE TEN
INCORPORATORS
The name and street address of each incorporator are:
NAME
David R. Garcia
George K. Noe
Jorge Garza
ADDRESS
City of Corpus Christi, City Hall, 1201
Leopard, Corpus Christi, Texas 78401-2825
City of Corpus Christi, City Hall, 1201
Leopard, Corpus Christi, Texas 78401-2825
City of Corpus Christi, City Hall, 1201
Leopard, Corpus Christi, Texas 78401-2825
ARTICLE ELEVEN
CITY COUNCIL APPROVAL
The City has specifically authorized the Corporation by Resolution (which is attached as
Exhibit A and made part of these Articles for all purposes) to act on its behalf to further the public
purposes stated in said Resolution and in these Articles of Incorporation, and the City has by said
Resolution approved these Articles of Incorporation.
ARTICLE TWELVE
DIVIDENDS; PROHIBITED ACTIVITIES
No dividends shail ever be paid by the Corporation, and no part of its net earnings (beyond
that necessary for retirement of the indebtedness of the Corporation or to implement its public
purposes) shall be distributed to or inure to the benefit of its directors or officers or any private
person, firm, corporation or association except in reasonable amounts for services rendered.
Regardless of any other provisions of these Articles or the laws of the State of Texas, the
Corporation shail not: (1) permit any part of the net earnings of the Corporation to inure to the
benefit of any private individual (except that reasonable compensation may be paid for personal
services rendered to or for the Corporation affecting one or more of its purposes); (2) carry on
propaganda, or otherwise attempt to influence legislation; (3) participate in, or intervene in
(including the publication or distribution of statements) any political campaign on behalf of any
candidate for public office; or (4) attempt to influence the outcome of any specific public election
or to carry on, directly or indirectly, any voter registration drives.
ARTICLE THIRTEEN
0JRB0502.023
REMEDY UPON DETERMINATION OF FOUNDATION STATUS
If the Corporation is ever determined to be aprivate foundation within the meaning of Section
5.09(a) of the Internal Revenue Code of 1986, as amended (the "Code"), the Corporation:
(1)
(2)
(3)
(4)
(5)
shall distribute its income for each taxable year at such time and in such manner as
not to become subject to the tax on undistributed income imposed by Section 4942
of the Code;
shall not engage in any act of self. dealing as defined in Section 4941 (d) of the Code;
shall not retain any excess business holdings as defined in Section 4943(c) of the
Code;
shall not make any investments in such manner as to subject it to tax under Section
4944 of the Code; and
shall not make any taxable expenditures as defined in Section 4945(d) of the Code.
ARTICLE FOURTEEN
DISSOLUTION
If the Corporation ever should be dissolved when it has, or is entitled to, any interest in any
~mds or property of any kind, real, personal or mixed, such funds or property or rights thereto shall
not be transferred to private ownership, but shall be transferred and delivered to the City after
satisfaction or provision for satisfaction of debts and claims.
David R. Garcia
George K. Noe
Jorge Garza
INCORPORATORS
5
0JRB0502.023 88
THE STATE OF TEXAS §
COUNTY OF ~ §
I, the undersigned, a Notary Public, do hereby certify that on ,this day of , ~
personally appeared David R. Garcia, George K. Noe, and Jorge Garza, who, each being by me first
duly sworn, severally declared that they are the persons who signed the foregoing documents as
incorporators, and that the statements therein contained are tree.
IN WITNESS WHEREOF, I have hereunto set my hand and seal of office the day and year
above written.
Notary Public in and for
The State of Texas
Notary Name Typed or Printed
My Commission Expires:
6
89
0JRB0502.023
COUNCIL MEMORANDUM
RECOMMENDATION: Approving a supply agreemere for approxiroat~ly 43,600 hours of
temporary custodial services for the Convention Center and Coliseum in accordance with Bid
Invitation No. BI-0156-00 with L.K. Jordan & Associates, Corpus Christi, Texas, based on low
bid, for an estimated annual expenditure of $353,160. The term of the contract will be for twelve
months with an option to extend for up to two additional twelve-month periods, subject to the
approval of the supplier and the City Manager or his designce. Funds are budgeted in FY00-01.
BACKGROUND:
The temporary custodial workers will be used by the Convemion
Center and Coliseum for moving and setting of fomiture,
equipment, stages and platforms, as well as cleaning and
maintaining bttildings and grounds, inelading the Water Garden
Previous Contract:
The previous contract with Unique Employment Services, Corpus
Christi, Texas has been cancelled due to the vendoes inability to
provide adequate service. The vendor steted a tight employment
market prevented him from ridfilling his obligations under the
contract. Over the past several months, employees scheduled for
work did not show up or were not motivated to work. He agreed to
continue to provide service while the City rebid the contract.
Bid Invitation Issued: 20
Bids Received: 9
Price Analysis:
Pricing has increased from $7. 1 1 per hourto $8.10 per hour. Due
to the ongoing personnel issues associated with thig contract, the
City revised specifications to require the vendor to pay the workers
a minimum hourly rate of 6.00 per hour. It is anticipated that the
minimum hourly rote will attract a more reliable worker.
Award Basis: Low Bid
Funding: Aetivitv Name
Convention Center
Coliseum
Water Garden
Michael Barrera, C~..M.
Procuremere & General Services Manager
ActivityNumber
5300704710-13600
5300704710-13620
5300704710-13630
BudgetedAmount
$285,329
53,041
14,790
$353,160
91
City of Corpus Christi
Purchasing Division
Bid Tabulation
Bid Invitation No BI-0156-.00
Temporary Custodial Workers
Quantity: 43,600 hours
L.K, Joffian
Corpus Christi, Texas
Interim Personnel
Corpus Chdsti, Texas
Olsten Staffing Services
Corpus Chdstl, Texas
Corpus Chdsti, Texas
Manpower
Corpus Christi, Texas
Shelling Temporarias
Corpus Chdsti, Texas
Unique Employment
Corpus Christi, Texas
Strategic R__~sou_rces
Corpus Christi, Texas
Exp_ress__ Personnel Service
Corpus Chdsti, Texas
Unit Pdce
$8.10
8.34
8.70
8.97
9.00
9.34
9.60
10.16
13.00
Total
$353,160.00
363,624.00
379,320.00
391,092.00
392,400.00
407,224.00
418,560.00
442,976.00
92
AGENDA MEMORANDUM
RECOMMENDATION: Motion approving the purchase of fourteen (14) radios with
chargen, belt clips and baXteries from CoroNet Ericsson, Irtgleside, Texas, for the total
amount of $34,701.50. The award is based on sole source and wffi be used by the Fire
Departme~. Funds for three of the radios are bnd~geted under the Fire Depar~ment's
operating budget as replacements. Funding for the rernaini.g eleven radios are available
BACKGROUND:
Purpose.'
Award Basis:
Funding:
These radios will be used by the Fire Department for their
day to day communication requirements.
Sole Source - CoroNet Ericsson installed and maintains the
City's 800 MHz radio systen~ They are the sole source
proriders of the portable radios.
Fire Depaxtment
Operating Budget
520090-1020-12040
$7,701.75
WMD Grant Program
520090-105 0.820522
26,999.75
Total: $34,701.50
Procttremem & General Services Manager
93
AGENGA MEMORANDUM
Date: August 29, 2000
AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute a Non-Residential
Standard Performance Contract with Central Power and Light for an LED Traffic Signal Changeout Program.
ISSUE: CP&L offers an incentive paymere program for consumers to invest in electrical energy efficient
projects. CP&L's Non-Residential Standard Performance Contract provides for up to a total of $365,809 in
incentive payments and commits the City to changeout the current incandescent traffic signals with more
efficient LED traffic signals.
BACKGROUND: On June 13, 2000 City Council approyed the submittal a Detail Project Application
as part of CP&L's Non-Residential Standard Performance Contract Program for an LED Traffic Signals
Changeout Program. Along with the application the City provfded a letter of credit in the amount of $17,910
as a commitment to the proposed LED Changeout Program. The LED changeout ~rogr&,': ~,'oposes ~ r~hce
the current incandescent ( 116 watt) traffic signals with newer technology LED traffic signals which are more
energy efficient (12 watt avg.) and save on elect~cal cost. CP&LreviewedandapprovedtheDetailedProject
Application along with the estimated incentive payment totaling $365,809. The project is at the stage where
the execution of the Non-Residential Standard Performance Contract is necessary to proceed any fuither.
The LED Traffic Signals Changeout Program involves the replacement of 488 - 3 and 5 section signal, i 165
ped lights, and 3836 incandescent lamps with LED assemblies and related hardware. Based on City CounciLs
approval of the program in July, the equipment was bid and will be awarded pending the CP&L contract
approval. The cost of this equipment is a total of $854,371.37 and is proposed to be financed through the
City' s lease purchase program.
FUNDING: The traxiic signal equipment will be purchased through the City's lease purchase program.
Funding ffir this project is provided in the FY00/01 budget.
RECOMENDATION: Staffrecommends approval ofthe motion as presented.
Barbara Stover,
Director of Street Services
ADDITIONAL SUPPORT MATERIAL
Background Information
Contract Summary
Ordinance/Resolution
Map(s)
95
CENTRAL POWER AND LIGHT
STANDARD PERFORMANCE CONTRACT PROGRAM PROCESS
SUMMARY
CP&L' s SPC Program includes two basic phases. First are ~he initial project tasks that occur prior to and just after the
installation of the energy efficient measures. Second are the measurement and verification activities that occur after the
energy efficient equipment is installed and operating. A summary of the SPC Program process is as follows:
Basic Proiect Application (BPA). The first step in the SPC Program process is for the City to submit a
completed BPA for its proposed project. The BPA includes information about the proposed project and a general
project description. A $250 non-refundable application fee must accompany each BPA. SPC Program incentive
funds for the project are reserved upon CP&L's written approval of the BPA. Continued reservation for the
incentive funding is contingent upon the City submitting an acceptable Detailed Project Application (DPA).
DetailedProiectAoplica~on(DPA). TheDPArequiresadetailedengineeringstudyandcontainsinformation
about the baseline; the proposed equipment (LED's), including equipment counts, equipment efficiencies, and
equipment operating schedules; calculations used to estimate the energy savingsEach DPA must be accompanied
by a deposit or letter of credit, (the amount based on a percentage of the estimated total incentive payment). The
deposit or letter of credit will be returned once CP&L approve~ the Project Installation Report. The rJp.A., once
approved, forms the basis for the contracted energy savings and becomes part of the SPC Agreement.
3. Measurement and Verification (M&V') Plan. The M&V Plan is developed by CP&L using project specific
information contained in the DPA. The plan outlines the precedums CP&L will follow to monitor and verify energy
savings from the project. The City has an opportunity to comment on the plan prior to final agreement.
4. Execution of SPC Agreement. The SPC Agreement signed by the City and CP&L specifies the energy effici
measures to be installed, the expected energy savings and total incentive payment, and the agreed upon M& v
approach.
Project Installation and Project Installation Renort (P1R). After signing the SPC Agreement, the City
has six (6) months to install the energy efficient measures. After the measures have been installed, the City submits
a PIR to CP&L. The PIR contains a detailed description of the energy efficient equipment that is actually installed
and the operating conditions. CP&L will conduct a post installation inspection of the project to verify that the
equipment has been installed properly and is operating according to its design intent.CP&L's approval of the PIR
is contingent upon the result of the post installation inspection.
6. Installation Payment. Once CP&L grants it written approval of the PIR, the City can submit an installation
invoice for 40% of the total estimated incentive amount.
Measurement and Verification Reporting. During a specified performance period, CP&L will conduct M&V
activities and prepare an M&V Report as specified in the Project M&V Plan. The M&V Report will summarize the
M&V results an will be the basis for CP&L"s calculation of the project' s energy savings.
Performance Payment. CP&L will issue the performance incentive payment (the final payment) based on the
M&V report. The performance payment is calculated as the difference between the total payment from one year's
worth of energy savings and the installation payment.
96
CENTRAL POWER AND LIGHT
STANDARD PERFORMANCE CONTRACT
SUMMARY
Contracting Parties:
Cenlral Power and Light Company
City of Corpus Christi (Project Sponsor)
Term and Termination
The term of the agreement shall commence on the date of execution, unless otherwise terminated,
shall continue for 18 months from the Project Installation Report approval or until payment of the
Performance Payment, whichever occurs last.
Compliance with SPC Program Manual
Project Sponsor acknowledges receipt of a copy of the SPC Manual; represents and affirms that
participation in the SPC Program has been in compliance with procedures and conditions in the
Manual. ~ - '
Project Implementation
Project Sponsor agrees to use all reasonable efforts to implement the Project without undue delay.
A Project Installation Report shall be submitted within nine (9) months of the agreement effective
date. Project Installation Report shall be submitted within 30 days of completing the project
installation.
Measurement and Verification
Measuremere and verification activities shall be performed by CPL or a third party contracted by
CPL as set forth in the Measurement and Verification Plan to determine energy savings. CPL shall
submit a Measurement and Verification Report to the Project Sponsor for review and comment.
CPL will give reasonable consideration to Projects Sponsors comment and may modify the M&V
Report and the measured energy savings based on such comments.
Incentive Payment
CPL agrees to make incentive payments to the Project Sponsor based on energy savings derived
from the Project. The total incentive payment for this project shall not exceed $365,809 and shall
be payable in two installments in accordance with the SPC Program Manual. The first installment
of the incentive payment shall be for 40% of the total incentive payment and shall be paid within 30
days of CP&L's receipt and approval of the Installation Report and invoice. The second installment
payment be made upon finalizing the Measurement and Verification Report and submittal of an
invoice. The payment will be forthe remaining amount of the total incentive payment due based on
the measured energy savings. CPL will make payment within 30 days of receipt and approval of
the invoice.
Audit and Records
Project Sponsor shall keep and maintain accurate and detailed records and documentation related to
this project for a period of not less than 3 years. Records shall be made available for CPL at their
request.
97
10.
11.
12.
14.
15.
16.
16.
Project Sponsor represents and agrees that it and its subcontractors will carry all stamtorily requi-
insurance and will carry all insurance required by Exhibit E. The City of Corpus Christi as the
Project Sponsor may elect to be self-insured in lieu of carrying said insurance.
Indemnity
This indemnity is subject to the restrictions of the constitution and laws of the State of Texas.
Permits, Licenses and Compliance With Laws
Project Sponsor represents and warrants the prior to beginning project installation will at its own
cost and expense, obtain all permits and other authorizations as may be required to install, construct,
operate, and maintain the project installed measures.
Default and Remedies
The following shall be deemed an event of default: failure of Project Sponsor to - perform its
responsibilities in a timely manner or implement the Project in compliance with the SPC Manual, to
provide CPL and/or its contractors reasonable access to the project site, to maintain any necessary
permits, licenses or insurance required; Project Sponsor assigning or subcontracting of all or part of
the duties required; Project Sponsor submitting any false, misleading, or inaccurate information or
documentation to CPL; failure of either party in a material fashion to perform or observe any of the
material terms, conditions or provisions of the Agreement which failure adversely affects the other
party and continues after notice and a 30 day period to cure (if such failure cannot be reasonably be
cured in 30 days a reasonable period may be allowed).
Limitation of Liability
Neither CPL nor its officers, directors, partners, agents, employees, successors, assigns, or affilit
shall be liable to the Project Sponsor for claims for incidental, special, indirect or consequential
damages of any nature connected with or resulting from performance or non-performance of this
Agreement.
Independent Contractor
Project Sponsor will act as and be deemed to be an independent contractor and will not act as, nor
be deemed to be an agent or employee of CPL.
Amendment
No amendment or modification of this Agreement shall be binding on either party unless it is in
writing and signed by both parties.
Arbitration
Both parties agree to first attempt to resolve disputes through alternative dispute resolution
techniques including mediation. However if such disputes cannot be resolved through such means,
both parties agree to submit such disputes for resolution through binding arbitration.
Force Majeure
The parties shall be excused from performing their respective obligations under this Agreement and
shall not be liable in damages or otherwise if, and to the extent, that they are unable to so perform or
are prevented from performing by and event of Foree Majeure (as defined).
Miscellaneous
Project Sponsor shall not assign, transfer or otherwise dispose of any of its obligations or duties
without the prior written approval of CPL.
98
AGENDA MEMORANDIjM
ADDITIONAL BACKGROUND INFORMATION
The City currently has several thousand Uaffic si~a|-~ and ped lights that operate with 116 wan
incande~ent !mx~ which generally have an 18 month life. Incsndescent Iraffic signals have been
the standard for the traffic industry until recent years when Light Emiltlng Diode (LED) traffic
signals were developed. The new technology LED traffic signals have several benefits over
incandescent signals they; use approximately 9(P/~ less energy than incandescent lamps ( 12 watt vs.
l 16 watt), have an expected life of more than 10 years, and can reduce the City' s liability due to
bumtom signals. Street Services began investig~tin~ conveiling to thi~ new technology in early
1999. During the investigation it was discovered that Central Power and Light had a program that
would provide fln~ncial assistance.for energy efficient relxofit projects that could potentially apply
to the I:Er) Iraffic signal conve~'iOn being considereeL This pwgram is called the Non-Residential
Standaid Performance Contract Program
The CP&L 'NonResidenthi 8Umdmxl Pe~ormanee Conlraet (SPC) Program was developed to
pwvide an incentive to consumers of energy services to invest in electric energy-efficiencyprojects
at commeWild ~ industrial customer facilities. This performance based program often incentive
payments for verified energy savings, based on a set dollars per kilowatt-hour incentive rate. The
· qPC Progtmn is a swucture Ixogram with several steps that must be followed as ou~ined in the
~-~hed SPC Program Summary.
The Sueet Services Department began wo~-g with CP&L in 1999 to determine if the LED traffic
signal conversion project would qualify for the SPC ~ smi the po~e~al amount of incentive
paymen/for the project. In Decem~ 1999 a Basic SPC Program Application (the first s~ep in the
p~grnm p: ocess) was submitted for the proposed LED program and subsequen~y has been approved'
byCP&L. Thmughthi-~basicappl~t~fionpmceasitha~beendete,ninedthattheCP&L'sinoentive
payment for ~hi~ project would be appro~mately $358,196. After going through the Detail Project
Application process the in~entive pay is now eslimnted at $365,809. The incentive payment is
pwvided in two installments; the first payment (in this case an estimated at $146,324) after the
energy efficient system installation is complete and the second payment (in this ease an estimated
at $219,485) after a year of verified energy savings.
A cost impact analysis was performed to determine the economic viability of the LED conversion
program. This project involves the replacement of 500 ;- 3 and 5 section signals, 1165 ped lights,
and 4890 incandescent lamp~ with LED assemblies. The cost of the replacement materials is
estimated to be $1,178,620. The purchase of these materials is proposed to be financed through the
City's lease purchase program. Attached is the cost analysis comparing the proposed LED Traffic
Signals to the current ineandescentsystem. This analysis takes into account the savings in electrical
cost and the CP&L incentive payments for the conversion. As shown in the analysis, over a
conservative 10 year life of the LED signals, there is a potential to save approximately $770,000 by
converting to LED signals. Additional cost savings could be achieve if the signals last longer than
10 years.
99
In order to proceed in with CP&L's SPC Program th~ City must now commit to doing the LED
traffic signal conversion by submitting a Detailed Project Application (DPA) along with a letter of
credit. The letter of eredit will be for$17,91O and is gua-nedto the City oncethe projectis complete.
After the DPA is ~,~lnuved and a Measm~meaxt and Verification Plan is agreed on, the Citym~t
enter into an SPC Agn~ement with CP&L. By submitting the DPA it will commit the City to also
pureline and install the LED traffic sjS'nalnl City Courtell approval to proceed with this project is
Siloilk[ thlg project be approved, it is e~fim.t,~l I'h~t it wORld take approximately 14 weeks to bid nna
receive delivery of the LED assemblies and approx. 6 months to install.
loo
COST IMPACT ANALYSIS
holes:
1. Incremental Cost to Install LED Signals -
2 Estimated Electrical Cost Based on Current Coal, adjusted for a BX deoreue 1n year 2002 undx derragulatlon
3. Current Contract for Replacement of Incandesmi l Lamps
4. Equipment 84 Month Lease Payment Based on 7 year LED Assembly Warranty eta 51,178,1120 east
LED Proposed Traffic Signal Program
YR 1
2000.01
YR 2
I YR 3
I YR 4
YR 6
YR 6
YR 7
YR 8 11
YR a
Yr 10
TOTAL
_
2001-02
1 2002.03
2003-04
2004-05
2005-08
2005-07
2007-08
1 2008.09
2009.10
Lubor Costs (1)
5731,287
MassElectrical sts
Mass
$111,144
521,116
519 851
519 851
519 851
$19 851
519,851
$19,851
579,851
$19,851
$131,287
$350,822
Chan a
Bulb Change Out Program 3
Out Pr
Lease Payment (4)
$104 157
5208,314
$208314
$208,314
5208314
52 14
5206314
S1p4?57
$0
51,458,1$0
Subtolal
$346,588
$229,432
5228,185
$228,7851I 1I 11
$228,185
$2 5
$2 8;165
$12 8
$18,851
$19,851
$0
$1,880,554
CPL Incentive Pa ment 5
$146,324
1 $219,485
$365,609
_ NET COSTS
$200,264
I $9,947
$228,165
5228,185
$228,185
$228185
52281 5
$ 8
519,851
$19,851
$1,514,745
,y
/ r
Current Traffic Signal Program
YR 1
YR 2
YR 3 11
YR 4
YR 6
YR i
I YR 7 I
YRS
YR 9 1
1 Yr 10
TOTAL
_
2000.01
2001-02
2002-03 1
1 2003-04
2004-05
200506
2008.07
2007.08 1
2008-09
2009-10
Labor Costs
Electrical Power Costs
$201,170
$201170
$189,1001
1 5789,100
$189,100
5189100
$189100
$189,100
$189100
$189,100
$0
$2,482,438
Mass Bulb Change Out Program
$37,000
$37,000
$37 000
$37,000
537 000
$37000
$37 000
$37,000
$37,000-1-537,000
$370,000
Lease Payments
$0
Subtotal
$236,170
1 $238,170
$228,100
$226,100
1 $226.100
5228 100
5228 100
$228 100
5228 100
$228,100
$0
$2,285,138
CPL Incentive Payment
NET COSTS
$238,170
$236,170
$228,100
$226,100
$226,100
$228,100
$228,100
$228,100
$228,100
$226,100
$2,285,138
Net Expenditure Budgetlmpact($37,906
$228,223)11$2,085
52,085
$2,085
$2
$2,065(5102,092
5206,249
$206,249
($770,393)
holes:
1. Incremental Cost to Install LED Signals -
2 Estimated Electrical Cost Based on Current Coal, adjusted for a BX deoreue 1n year 2002 undx derragulatlon
3. Current Contract for Replacement of Incandesmi l Lamps
4. Equipment 84 Month Lease Payment Based on 7 year LED Assembly Warranty eta 51,178,1120 east
Frost National Bank
Member! CullenZFtost Bankers, A Family of Texas Banks
May 17, 2000
Central Power & Light' Company
Standard Performance Contract Program
Re: City of Copus Christi Street Services Department
To Whom It May Concem:
Please allow this letter to serve as notification that The Frost National Bank will
guarantee payment of up to $17,910.00 on behalf of the City of Corpus Chdsti to
participate in the Standard Performance Contract Program. The guarantee will
be valid for a pedod not to exceed six months after execution of the SPC
agreement.
Please feel free to call me directly at (361) 8~.~ 1233 should you have any
questions. Any courtesy you may extend to our customer will be yery much
appreciated.
Sincerely,
Shelby Garmon
Commercial Loan Officer
102
AGENDA MEMORANDUM
RECOMMENDATION: Motion approving the purchase of 488 LED traffic signals,
1,165 LED pedestrian signals and kits, 3,836 LED traffic signal kits, and assorted
mounting hardware from the following companies for the following amounts, in
accordance with Bid Invitation No. BI-0097-00, based on low bid and low bid meeting
specifications. The LED equipment will be installed by the Traffic Si~l~ Division of
the Street Department. Fumts have been budgeted in FY00-01.
Control Technologies of Texas
Tombalk Texas
Items 1.1, 1.3, 3.1, 3.2, 4.1, 4.2
llmdl2
$535,666.86
Consolidated Traffic Controls
Arlington Texas
Items 1.2, 1.4, 1.5, 1.6, and 2.0
$137,870.81
ACM Highway Products
Round Rock. Texas
Items 5.0, 6.0, 7.0, 8.0
9.0 and 13.0.
$173,705.70
Traffic Parts, Inc.
Shrimp, Texas
Item 10.0
$7,128.00
Grand Total: $854~371.37
BACKGROUND:
The Light Emitting Diode (LED) equipmere will be
installed throughout the City as an energy savings initiative
targeted at vxlucing the electrical consumption of traffic
sigtmls and pedestrian signals. Currently, traffic signals
and pede~i~ian signals operate on 116-watt ineandescem
lamps that have an estimated 18-month life. ~ae LED
equipment operate on an average of 12 watts of power and
ate warrantied for a 10-year period. Onee installa~n of
the LED equipmere is complete, the annual cost to operate
the tr~ffie si~S-~ and pedestrian signals is estimated to be
reduced by approximately $180,000. Also, an additional
$37,000 per year will be saved due to the elimination of the
mass bulb changeout contract.
Previous Action:
Agenda Memorandum dated June 13, 2000. Motion
authorizing the City Manager to subrak a Detail Project
Application for Central Power and Light's NonoResidemial
Standard Performance Contract (SPC) Program for LED
Traffic Signal Changeout Program.
Bid invitations Issued: Twelve
Bids Received: Five
103
Price Analysis: The City has not purchased these LED kits in the past. The
bids received reflect competitive pricing.
Award Basis:
Low Bid - Items 1 .I-1.6, 3.0-13
Low Bid Meeting Speei~eatioas - Item 2
Comml Technologies of Texas and Naztec, Sugarland,
Texas submitted aRemate pricing for the Hand & Man LED
Kits. The equipment bid by these companies displays an
outline of the band and man and not a full image as
required in the specifications.
Funding:
The equipment will be financed by the City's lease/purchase
contractor. The estimated interest rate is 5.4%. The actual
interest r~e will be determined aRer acceptance of the
equipment. The equipment will be leased for a sixty-month
peliod. The estimated aamla[ payment is $195,360.96.
The five year total, including principal of $854,371.37 and
interest of $122,433.43 is $976,804.80.
Mie~~~C! P.
Procumment and Genend Services Manager
i TY OF CORPUS CHRISTI
JRCHASING DIVISION
BID TABULATION
BID INVITATION NO.: BI -=7-00
LED KITS, LED TRAFFIC SIGNALS AND LED PEDESTRIAN SIGNALS
BUYER: MICHAEL BARRERA
(*) The law bide submitted by Control Technologies of Trams and Neck do not meet spec1lasi n mqukemeMs regarding a full LED knage.
CONTROL TECH.
CONSOLIDATED
ACM HIGHWAY
HAZTEC
TRAFFIC PARTS,INC
OF TEXAS
TRAFFIC
CONTROLS
PRODUCTS
SUGARLAND, TX
SPRING, TX
TOMBALL. TX
ARLINGTON, TX
ROUND ROCK, TX
UNIT
TOTAL
UNIT
TOTAL
UNIT
TOTAL
UNIT
TOTAL
UNIT
TOTAL
SEM
DESCRIPTION
10TY
JUNIT
PRICE
PRICE
PRICE
PRICE
PRICE
PRICE
PRICE
PRICE
PRICE
PRICE
1.0
TRAFFIC SIGNAL LED LENS
ASSEMBLIES PER THE ATTACHED
SPECS NO. 927
1.1
RED LED LENS ASSEMBLY
1607
EA
$68.28
$109.726.99
$75.55
$121,408.65
$94.00
$151,058.00
595.00
$152,665.00
$95.00
$152,885.00
1.2
AMBER LED LENS ASSEMBLY
81
EA
95.11
7,703.91
88.65
?.Olt 66
99.00
8,019.00
111.00
8,991.00
219.00
23,409.00
1.3
GREEN LED LENS ASSEMBLY
1508
EA
161.04
242.648.92
168.60
254,248.80
184.00
277,472.00
192.00
289,536.00
308.00
484,464.00
1.4
RED ARROW LED LENS ASSEMBLY
20
EA
65.09
1,301.80
58.39
1127.80
84.00
1,680.00
84.00
1,680.00
113.00
2,280.00
1.5
AMBER ARROW LED LENS ASSEMBLY
304
EA
83.07
19,173.28
56.3971
.14268
79.00
24,016.00
75.00
22,800.00
106.00
32,224.00
1.8
GREEN ARROW LED LENS ASSEMBLY
316
EA
107.44
33,951.04
95.55
30193.80
119.00
37,804.00
112.00
35,392.00
205.00
64,780.00
2.Q.
HAND S MAN LED LENS ASSEMBLY PER
0
(')
Cv
THE ATTACHED SPECS NO. Still
479
EA
143.00
68,497.00
172.00
92.M8.99
210.00
100,590.00
165.00
79,035.00
310.00
148,490.00
3.0
ADJUSTABLE POLYCARBONATE
TRAFFIC SIGNALS PER THE ATTACHED
SPECS. NO.688
3.1
3 SECTION POLYCARBONATE TRAFFIC
185
EA
337.93
62.617.06
371.94
68,808.90
424.00
76,440.00
490.00
90,850.00
504.00
93,240.00
SIGNALS
3.2
5 SECTION POLYCARBONATE TRAFFIC
20
EA
561.32
11.228.10
640.00
12,800.00
739.00
14,760.00
920.00
18,400.00
883.00
17,260.00
SIGNAL
4.0
ADJUSTABLE ALUMINUM TRAFFIC
SIGNAL PER THE ATTACHED SPECS
NO. 867
4.1
3 SECTION CAST ALUMINUM SIGNAL
283
EA
357.31
93.9T2.
389.70
102,491.10
445.00
117,035.00
540.00
142,020.00
585.00
153,855.00
4.2
5 SECTION CAST ALUMINUM SIGNAL
20
EA
591.53
11.644.80
681.99
13,239.801
809.00
18,180.00
980.00
19,800.00
985.00
19,300.00
(*) The law bide submitted by Control Technologies of Trams and Neck do not meet spec1lasi n mqukemeMs regarding a full LED knage.
BID INVITATION NO.: BI -M7-00
LED KITS, TRAFFIC SIGNALS & PEDESTRIAN SIGNALS
BUYER: MICHAEL BARRERA
BID TABULATION, PAGE 2
CONTROLTECH.
OF TEXAS
CONSOLIDATED ACM HIGHWAY NAZTEC
TRAFFIC CONTROLS I PRODUCTS SLIGARLAND, TX
PARTS,INC
TX
5.0 CAST ALUMINUM 16 INCH CLAM SHELL
PEDESTRIAN SIGNAL PER THE
ATTACHED SPECS NO. 089
888
EA
$265.00
$181,790.00
$911.00
$281,946.00
$198.50 $139.171.00
NO BID
$540.00
$370,440.00
8.0 MAST BRACKET-PELCO SAB4125.3.84
OR APPROVED EQUAL
283
EA
77.00
20,251.00
77.38
20,350.94
72.34 19,025A
87.00
22,881.00
B8.D0
23,144.00
7* SPAN BRACKET- PELCO9A 4122-3
OR APPROVED EQUAL
125
EA
78.25
9,781.25
79.47
9,933.75
73.06 9.13260
88.00
11,000.00
73.50
9,187.50
8.0 MAST BRACKET-PELCO SAB411264-6,6
OR APPROVED EQUAL
25
EA
86.11
2,152.75
91.00
2,275.00
80.42 2.010.50
87.00
2,425.00
95.00
2,375.00
9.0 PED BASE- PELCO 9 PB4U9-Pot OR
APPROVED EQUAL
72
EA
80.00
5,760.00
82.90
5,988.80
73.88 0.319.39
89.00
8,408.00
95.00
8,840.00
10.0 ALUMINUM POLE-PELCO A PB -6100
OR APPROVED EQUAL
72
EA
120.00
8,640.00
107.37
7,730.84
110.11 7,927.92
215.00
15,480.00
99.00
7.128.00
11.0 POLE CAP-PELCO S PB -5401 OR
APPROVED EQUAL
72
EA
6.00
432.00
8.20
446.40
7.52 541.44
7.00
504.00
8.75
630.00
12.0 POLE S. BASE COLLAR- PELCO 9
PSM OR APPROVED EQUAL
72
EA
43.2513.
14.W
45.40
3,258.80
43.47 3,129.84
49.00
3,528.00
NO BID
13.0 HORIZONTAL ARM WITH TETHER -
PELCO S A84003 OR APPROVED
73
EA
30.25
2,208.25
31.78
2,318.48
28.04 2045.92
35.00
2,555.00
NO BID
EQUAL
Award tcWs: $535,868.88 $137,870.81 $173,705.70 67.128.00
Grand Total: $854,371.37
AGENDA MEMORANDUM
DATE: August 16, 2000
SUBJECT: Theodore Merchant "Buddy" Lawrence House Renovation (Project No. 4161 )
AGENDAITEM:
Motion authorizing the City Manager, or his designee, to execute a construction contract
with Elite Construction Company for a total fee not to exceed $224,180 for the Theodore
Merchant "Buddy" Lawrence House Renovation.
ISSUE: The Theodore Merchant "Buddy" Lawerence House is located at Hedtage Park.
The house requires renovations for occupancy by the Veterans Band of Corpus Christi,
Texas.
FUNDING: Funds forthis project are available in the FY 1997-98 Community Development
Block Grant (CDBG) Program.
RECOMMENDATION: Staff recommends approval of the motion as presented.
Norbert K. Hart, Director of ~ousing ' el R. Escobar, P. E.,
and Community Development of Engineering Services
AdditiOnal Support Material:
Exhibit "A"
Exhibit "B"
Exhibit "C"
Exhibit "D"
Exhibit "E"
Background Information
Project Budget
Bid Tab Summary
Location Map
Pdor Council/Administrative Action
107
BACKGROUNDINFORMATION
SUBJECT: Theodore Merchant "Buddy" Lawrence House Renovation (Project No. 4161 )
BACKGROUND INFORMATION: The Theodore Merchant "Buddy" Lawrence House is a
historic structure that was donated to the City of Corpus Chdsti by the Javelina Company
for relocation to Hedtage Park. Funds for the move and the rehabilitation of the structure
came from the CDBG Program under Histodc Preservation. The house has been moved
to Hedtage Park and the plans and specifications have been completed.
The Hispanic Chamber of Commerce of Corpus Chdsti was granted a lease for the House
by Council action in June, 1998. The Veterans Band of Corpus Chfisti, Texas (Veterans
Band) was made a part of that lease as a tenant in the House.
The Hispanic Chamber of Commerce has found other accommodations in the Wells Fargo
building on the Bluff. Since the original lease of the structure in June, 1998 was to the
Hispanic Chamber of Commerce with the Veterans Band as an additional tenant, the
Veterans Band requested that they be placed as the principal lessee. The Veterans Band
was granted a lease for the House by Council action in June, 2000. The Veterans Band
provides music and concerts for a great many City activities plus it carries the Corpus
Chdsti name to many other cities as they march in vadous parades.
A number of years ago, the City Council directed staff to look for opportunities to provide
a location for the Veterans Band in the Hedtage Park area. The Theodore Merchant
'Buddy" Lawrence House is the fulfillment of that early commitment.
PROJECT DESCRIPTION: The project consists of reconstruction and adaptive re-use of
the Theodore Merchant "Buddy" Lawrence House. The renovation work will include the
complete refacing of the exterior to return it to it's pre-1950 facade, with an open second
floor front porch complete with spindle columns and hand railings. The siding will be
removed and replaced with cement board siding to simulate the odginal board and batten
siding. The intedor will be modemized to the extent of proper electricel outlets, lighting and
power requiraments, modern indoor plumbing and air conditioning. A handicap ramp will
allow the first floor to be completely handicap accessible.
Four additive alternates are included in the project:
Additive Altemate No. 1 provides for the reconstruction of a side porch and roof;
Additive Alternate No. 2 provides for painted wood wainscot with crown moldings
and coffered ceilings in the main exhibit area;
Additive Alternate No. 3 3rovides for Fypon balusters in lieu of painted wood
balusters; and
Page I of 2
108
Add itive Altemate No. 4 provides for the reconditioning of the second floor complete
with all demolition required and replacing with new walls, painted ceilings, electrical,
and plumbing fixtures.
BID INFORMATION: The project consists of a Base Bid and four (4) Additive Altemates.
The City received proposals from four (4) bidders on August 9, 2000. The bids ranged as
follows:
Base Bid
Additive Altemate No. 1
Additive Alternate No. 2
Additive Alternate No. 3
Additive Altemate No. 4
= $198,070.00 to $298,175.00
= $9,242.16 to $18,400.00
= $6,950.00 ~ $13,001.00
= $31,600.00 to $40,500.00
= $4,489.00 to $37,150.00
Elite Construction Company of Corpus Christi, Texas is the low bidder on the total of the
Base Bid in the amount of $198,070, plus all of the Additive Altemates for a grand total
amount of $292,930. EGI Construction Company of Corpus Chdsti, Texas submitted a Bid
Bond in an insufficient amount and it is therefore considered a Non-Responsive Bid.
Elite Construction Company submitted an error in their bid, specifically Additive Altemate
No. 3. Initially, the bid specified $1,600 for Additive Alternate No. 3; however, in a letter
dated August 14, 2000 submitted by Mr. Epitacio Elizondo, clarffies the error and specifies
the bid for Additive Altemate No. 3 as $31,600. See Exhibit "C". The City's Consultant,
Gignac and Associates, and City staff recommend contract award to Elite Construction
Company for the following items:
Base Bid in the amount of $198,070;
Additive Altemate No. I in the amount of $18,400; and
Additive Alternate No. 2 in the amount of $7,710
It is recommened to award the construction contract to Elite Construction Company for a
total amount of $224,180. It is not recommened to award Additive Altemate No. 3 in the
amount of $31,600 and Additive Altemate No. 4 in the amout of $37,150 due to insufficient
funding at this time.
CONTRACT TERMS: The contract specifies that the project will be completed in 180
calendar days, with completion anticipated by the end of March, 2001.
FUNDING: Funds forthis project are available in the FY 1997-98 Community Development
Block Grant (CDBG) Program.
Page 2 of 2
THEODORE MERCHANT "BUDDY" LAWRENCE HOUSE RENOVATION
(Project No. 4161)
Project Budget
Augu~ 16,2000
FUNDS AVAILABLE:
FY 97-98 CDBG (530000-1050-859835) House Rehab ................$266,490.49
FUNDS REQUIRED:
Restoration Contract (Elite Construction Company):
Base Bid .....................................................................................$198,070.00
Additive Alternate No. 1 ..............................................................18,400.00
Additive AItemate No. 2 ..............................................................7,710.00
Restoration Contingencies (6.5%) .................................................14,937.24
Art In Public Places ........................................................................2,800.00
Consultant (Gignac & Associates) .................................................11,048.25
Facilities Management Activity .......................................................11,325.00
Construction Inspection Activity .....................................................1,000.00
Pdnting ...........................................................................................600.00
Advertising .....................................................................................600.00
Total ...............................................................................................$266,490.49
110
Ii ex',-,T "B"
P.ge 1 of 1
TABULATION Of SLOB
REVISED DNPARTMENT OF ENGINEERING - CITY OF CORPUS CHRISTI, TEXAS
TABULATRD BY, 6nge1 R.ESOOber, P.H., Directot of Sngineertag Services
DATE, Nedneeday, August 9, 2000 TIME OF COMPLETIORM 130 Calender Days
Adaptive Re -Use of
the Buddy Lawrence House
Proiect No. 4161
DESCRIPTION
BABE BID, All labor, materials,
services and equipment necessary
for complete new construction
adjacent to and within or
renovation of the existing Buddy
Lawrence House as shown in the
plane and specifications except
work indicated by alternates
ADMIVE ALTERNATQ-114+1, All
labor, materials, services, and
equipment necessary to provide
new porch and roof as shown.
(Base bid: Provide a new 5'x5'
porch and new ,00f over the 5'
uquaro porch au ithuwn.)
ADDITIVE aLTERHAT6 M0.2, All
labor, materials, services, and
equipment necessary to provide
painted wood wainscot, crown
molding, coffered ceiling and
acoustical panels 4 At01. Provide
painted wood wainscot and crown
molding at A102 and A103 -
partial. (ease Bid shall be to
provide painted gypsum board,
only, at these wall locations
with painted wood base.i Refer to
mm Interior elevation Sheet A1.3.
t0
(D2.
W
C?
ILI
Elite Construction Barcom commercial
5414 Pressler 1710 S.P.I.D., Ste.B
C.C., TX 78413 C.C., TX 19416
47'Y. OMIT UNIT AMOUNT GRIT AMOUNT
PRICE PRICB
$198,070.00 $216,775.00
$10,400.00 1 I $13,950.00
$7,710.00 1 1 $6,950.00
}
Paye I oI 1
RNGINR6R'S ESTIMATE: $221,500 (BB)
Southern Contracting
521 McBride
C.C., TX 18408
SHOWN
UNIT AMOUNT
PRICB
$295,175.00
$9.242.16
$13,001.00
•801 Construction Co.
P.O.Box 10504
C.C., TX 76430
UNIT AMOUNT
PRICB
$270,000.00
$4,438.00
$6,056.(14)
TABULATION Of BIDS Page 2 of 2
RSVISHD DEPARTMENT OF ENGINEERING - CITY 09 CORPUS CHRISTI, TEXAS
TABULATED BY, Angel R.Escobar, P.E., Director of Engineering Services
DATE, Wednesday, August 9, 2000 TIME 01 COWLETI0N, 100 Calender Days
ENGINBER'9 ESTIMATE, $221,500 (Bu)
Adaptive Re -Use of
the Buddy Lawrence House
Project No. 4161
mom
DESCRIPTION QTY. UNIT
Elite Construction
5414 Pressler
C.C., TX 78413
UNIT AMOUNT
PRICE
Here= Commercial
1710 S.P.I.D., Ste.B
C.C., TX 78416
UNIT AMOUNT
PRICE
Southern Contracting
521 McBride
C.C., TX 78408
UNIT AMOUNT
PRICE
+RGI Construction Co.
P.O.Box 10504
C.C., TX 78410
UNIT AMOUNT
PRICE
ADDITIVE ALT eRNATE_M0.3, All
++$31,600.00
$40,500.00
$37,000.00
$7,375.00
labor, materials, services, and
equipment neceonaty to provide
fypon baluotern (painted) In lieu
or treated 2x2 balusters
ADDITIVE ALTERNATE NO, 4, All
$37,150.00
$24,350.00
$4,489.00
$31,272.uv
labor, materials, services and
equipment necessary at Level 2 to
remove existing interior wood
paneling and other wall coverings
at wallo and ceilings. Install
insulation and 5/81• type "X"
gypsum board (paint). No trim or
base required. Alternate applies
only to Level 2. (Base Bid:
Space would remain as it exists
other than as indicated on the
demolition plan.) Refer to A1.1
for new bathroom and electrical
.ilun in, luded in thin alternate.
BASE BIO,
$198,070.00
$216,775.00
$296,175.00
+$270,000.00
BASE BID ♦ ADD.ALT.NO.1,
$216,470.00
$230,725.00
$307,417.16
•$274,438.00
BASS BID ♦ ADD.ALTS.N0S.1&2,
$224,180.00
$237,675.00
$320,418.16
+$280,494.00
BABE BID ♦ ADD.ALTS.N0S.1&2A3,
$255,780.00
$278,175.00
$357,418.16
•$287,869.00
BAB _BID +_A PR,ALT9.HOS.la2A3A4,
$292,930.00
$302,525.00
$361,907.16
+$325,141.00
non-Responeive sic - sic sono summucea Dy Contractor was an cnsuccccrenc amount.
--Error by Contractor (attached letter dated August 14, 2000), correction made.
Tx03 _
Q =
N W
N .-)
O '
A
ELITE CONSTRUCTION CO.
5414 Pressler
CORPUS CHRISTi TX 78413
TeTe~'off~'~60:7oSo
Fax (361 ) 9800865
To: Mr. Angel Escobar
Director of Engineer
City of Corpus Christi
From: Epitacio Elizondo
General Contractor
August 14. 2000
Mr. Escobar. 1 think that by this time you have already
noted a big discrepancy in my proposal for ALTERNATE # 3 and
if I may, I would like to explain to you exactly what happened. On
my scratch paper I counted 505 fi..'pon balusters and having a bid
from South Texas Molding @$49.52 each and adding taxes.
overhead & profit I came with the number of $31.599.61
Unfortunately. the .! 3 of the thirty thousand went to close to the
dollar sign and when I rounded my figme to the next hundred, I
skipped the # 3 ending with $1.600.00 estimate. It should have
been S 31.600.00 which it is my proposal for ALTERNATE #3.
Enclosed you will find a cop>' of my scratch paper and a
copy of South Texas Molding bid. For any more information or for
any comment. my cellular ~ is 960-7080. Hoping to hear from you
Soon.
CC: Silvia Arriaga
Contrazt Administrator
.......... ~
Epitacio Elizondo
General Contractor
113
/~o
f~
r'-L.,
PROJECT ~TE.._I ~
N
/ ~/
U u
THEODORE MERCHANT
BUDDY' LAI 14J
RENOVATION
,,J ~,_
· ~.' if RESACA ",
HUGHES
, F
FITZGERALD
PAGE I OF I
THEODORE MERCHANT "BUDDY"
LAWRENCE HOUSE RENOVA TZON
115
CiTY OF CORPUS CHRIS'~, TEXAS
LOCAT.Z'ON MAP
NOT TO ~
DEPARTMENT OF ENGINEERING SERVICES
PRIOR COUNCIL ACTION
January 26, 1995 - The Landmark Commission recommended that the City make
an attempt to place the house in the area immediately behind Heritage Park
adjacent to the Searoans Center located at 1501 Mesquite Street.
January 31, 1995 - City Council approved the purchase of the Buddy Lawrence
House in the amount of $10.00 from the Javelina Company (Motion M95-022).
March 17, 1998 - Motion authorizing the City Manager, or his designee, to execute
an amendment to the FY97-98 Community Development Block Grant (CDBG)
program to reprogram $96,272 from the FY94-95 CDBG Program and $546,643
from the FY95-96 CDBG Program for additional FY97-98 CDBG projects, with
$399,000 specified for this project (Motion No. M98-072).
May 12. 1998 - Motion authorizing the City Manager, or his designee, to execute an
agreement with the Corpus Christi Hispanic Chamber of Commerce to provide
$399,000 for the rehabilitation/relocation of the Buddy Lawrence House to Heritage
Park (Motion No. M98-161 ).
May 12. 1998 - (First Reading) Ordinance authorizing the City Manager, or his
designee, to execute a 20-year lease agreement with the Corpus Christi Hispanic
Chamber of Commerce for relocation of the Buddy Lawrence House to Heritage
Park (Lots 4, 5, 6, Block 60, Beach Portion of the City of Corpus Christi, Texas) to
be used for operations of the Chamber of Commerce, as well as tourist and
convention promotion, in consideration of $150 monthly plus interior maintenance
of the facility.
June 16. 1998 - Motion to amend lease with Corpus Christi Hispanic Chamber of
Commerce prior to Second Reading: (1)to remove all mention of compliance with
subrecipient requirements and to rescind Motion No. M98-161 that authorized the
subrecipient agreement with the Hispanic Chamber of Commerce, and (2) to add
a non-discrimination clause, rescission clause, and various housekeeping items to
reflect a straight lease and not a lease with a subrecipient of federal grant dollars
(Motion No. M98-206).
June 16, 1998 - (Second Reading) Ordinance authorizing the City Manager, or his
designee, to execute a 20-year lease agreement with the Corpus Christi Hispanic
Chamber of Commerce for relocation of the Buddy Lawrence House to Hedtage
Park (Lots 4, 5, 6, Block 60, Beach Portion of the City of Corpus Christi, Texas) to
be used for operations of the Chamber of Commerce, as well as tourist and
convention promotion, in consideration of $150 monthly plus intedor maintenance
of the facility (Ordinance No. 023341 ).
September 15. 1998 - Motion authorizing the City Manager, or his designee, to
execute a contract with JFK House Movers in the amount of $57,940 to move the
Buddy Lawrence House from 1217 McBride Lane to Heritage Park (Motion No.
M98-318).
II exH,e,,T "e" !1 '
Page 1 of 3
116
10.
11.
August 31.1999 - Motion authorizing the City Manager, or his designee, to execute
a contract for amhitecturaVengineering services with Raymond Gignac & Associates
for a total fee not to exceed $33,850 for the Theodore Memhant "Buddy" Lawrence
House Renovation (Motion No. M99-307).
May 30. 2000 - (First Reading) Ordinance authorizing the City Manager, or his
designee, to execute a twenty year lease agreement with the Veterans Band of
Corpus Chdsti, Texas forthe Buddy Lawrence House located at Heritage Park (Lots
4, 5, 6, Block 60, Beach Portion of the City of Corpus Christi, Texas) to be used for
operations of the Veterans Band of Corpus Chdsti, Texas in consideration of one
hundred and fifty dollars ($150) monthly and intedor maintenance of the facility; and
providing for publication.
June 27. 2000 - (Second Reading) Ordinance authorizing the City Manager, or his
designee, to execute a twenty year lease agreement with the Veterans Band of
Corpus Chdsti, Texas forthe Buddy Lawrence House located at Heritage Park (Lots
4, 5, 6, Block 60, Beach Portion of the City of Corpus Chdsti, Texas)to be used for
operations of the Veterans Band of Corpus Chdsti, Texas in consideration of one
hundred and fifty dollars ($150) monthly and intedor maintenance of the facility; and
providing for publication (Ordinance No. 024080).
EXHIBIT "E" II
Page 2 of 3
117
PRIOR ADMINISTRATIVE ACTION
June 4. 1998 - Agreement for Architectural/Engineering Consultant Services with
Stone & Associates Engineera in the amount of $1,680 to design foundations for the
Buddy Lawrence House.
June 11, 1998 - Agreement for Amhitectural/Engineering Consultant Services with
Mody K. Boatright, P. E. in the amount of $550 to complete a lead paint and
asbestos inspection of the Buddy Lawrence House.
August 19. 1998 - Amendment No. 1 to the Agreement for Amhitectural/Engineedng
Consultant Services with Mody K. Boatright, P. E., in the amount of $2,940,
increasing the scope of work to include preparation for asbestos ramoval, field
demolition specification, air monitoring dudng the asbestos removal, and air
monitoring of the lead-painted surfaces dudng the demolition.
September 25. 1998 - Small Project Construction Agreement with Asbestos and
Demolition Contracting in the amount of $11,315 for asbestos abatement of the
Buddy Lawrence House.
Page 3 of 3
118
AGENDA MEMORANDUM
DATE: August 16, 2000
SUBJECT: Senior Community Services Central Kitchen (Project No. 3090)
AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute a
contract for professional services in the amount of $84,700 with Bennett, Martin, Solka and
Torno Architects, Inc. for the Senior Community Services Central Kitchen.
ISSUE: On November 18, 1999 the City executed a small architectural/engineering
agreement to evaluate sites for the Senior Community Services Central Kitchen. A site at
Del Mar College West Campus has been selected for construction of a new kitchen facility.
A formal Request for Qualification for designing the new facility was then issued on June
13, 2000, and the architectural firm of Bennett, Martin, Solka and Tomo Architects, Inc.
was selected. Per endorsement of Engineering Services' recommendation of July 20,
2000, Assistant City Manager Ron Massey authodzed the City staff to enter into fee
negotiations for the project. The negotiations are complete, and the fees are included in
the attached.
RECOMMENDATION: Approval of the motion as presented.
FUNDING: Funds for this project are available in the FY00-01, FY99-00, and FY96-97
Community Development Block Grant Program (CDBG).
Norbert K. Hart, Director of Housing
and Community Development
ADDITIONAL SUPPORT MATERIAL:
Exhibit "A" Background Information
Exhibit "B" Contract Summary
Exhibit "C" Location Map
119
BACKGROUND INFORMATION
SUBJECT: Senior Community Services Central Kitchen (Project No. 3090)
PRIOR COUNCIL ACTION:
July 30, 1996 -Approval of the FY 1996-97 Community Development Block Grant
Program (Ordinance No. 022648).
May 18. 1999 - Approval of the FY 1999-00 Community Development Block Grant
Program (Ordinance No. 023637).
PRIOR ADMINISTRATIVE ACTION:
November 18. 1999 - Agreement for ArchitectJEngineer Consultant Services with
Cotten Landrath Architects, Inc. in the amount of $14,750.
FUTURE COUNCIL ACTION: Motion to award a construction contract.
PROJECT DESCRIPTION: This project has been approved by the City Council for the
1996-1997 and 1999-00 CDBG Program and addresses improvements for the Senior
Community Services Central Kitchen. The goal of this project is to:
Expand the existing building or provide a new facility; and
Provide an efficient working environment.
CONTRACT OVERVIEW: The consultant must perform all essential duties and
requirements to ensure that the finished project constitutes a totally functional project,
complete with all related components and appurtenances as intended by the Engineedng
Services Department. A summary of the contract is attached as Exhibit 'B".
A/E SELECTION: Request For Qualification (RFQ) No. 2000-04 was specifically
developed to receive Letters of Interest forthe proposed project. It was distributed on June
13, 2000 to all local amhitectural firms listed in the official roster. Four (4) firms responded
to the RFQ. The following firms responded:
Bennett, Martin, Solka and Tomo Amhitects, Inc.
Bdght Dykemas Amhitects
Cotton Landreth Architects
Wilson, Kullman, McCord Architects, Inc.
All four firms were deemed competent and able to complete the project; however, based
on the review of each firm's qualifications, Bennett, Martin, Solka and Tomo Architects, Inc.
II "x.,..T "." II '
Page 1 of 2
120
was selected as the most highly qualified firm. The major factors contributing to the
recommendation of the RFQ Panel follow:
1. Responsiveness to the RFQ, including thoroughness and cladty of the submission;
2. Relevance of other projects, and specialized experience in kitchen projects;
3. Capabilities to perform the work on schedule and within cost; and
4. Quality of previous work with the City.
FEE: The negotiated total fee for the services to be performed is $84,700. A detail of the
fee summaW is attached, see Exhibit "B".
Jl "A" IJ
Page 2 of 2
121
SENIOR COMMUNITY SERVICES CENTRAL KITCHEN
CONTRACT SUMMARY
1. SCOPE OFPROJECT
Senior Community Services Central Kitchen
· integrate site selection information;
· evaluate project program;
· evaluate the site, design, develop bid documents including plans and specffications, bidding, construction and
post construction services for Senior Community Services Central Kitchen, and all related site improvements.
2. SCOPE OF SERVICES
Bennett, Martin, Solka and Tomo Architects, Inc. will perform all architectural services necessary to review and
prepare plans, specffications, and bid and contract documents; and provide contract administration services to
complete the Project. Work will not begin on Additional Services until written authorization is provided by the Director
of Engineering Services.
3. PROJECT SCHEDULE
Wednesday
Wednesday
Fdday
Fdday
Friday
Monday(2)
Wednesday
Wednesday
Monday
Weekday
September15,1999
August23,2000
November3,2000
January 12,2001
February 9,2001
February12 & 19,2001
February 28,2001
March 14, 2001
April 16, 2001
To Be Determined
Begin Preliminary Phase
Begin Design Phase
60% Submittal
90% Submittal
Final Submittal
Advertise for Bids
Pre-Bid Conference
Receive Bids
Begin Construction
Construction Completion
4. FEES
Fee for Basic Services. The City will pay the Consultant a fixed fee for providing for all "Basic Services"
authorized as per the following table below. The fees for Basic Services will not exceed those identified and
will be full and total compensation for all services outlined above, and for all expenses incurred in performing
these services. For services provided, Consultant will submit monthly statements for basic services rendered.
The statement will be based upon Consultant's estimate of the proportion of the total services actually
completed at the time of billing. The statement will be based upon the percent of completion of the construction
contract. City will make prompt monthly payments in response to Consultant's monthly statements.
Fee for Additional Services. For services authorized by the Director of Engineering Services, the Cit~ will pay
the Consultant a not-to-exceed fee as per the following table:
Contract Summary - Senior Community Services Central Kitchen
H:M-IOMBVELMAR\GEN~CDBG\CENTRAL\CONSULTA\STANDARD\CONTRACT.SUM
122
Fee for Basic Services
1. Design Phase
2. Bid Phase
3. Construction Phase
Subtotal Basic Services Fees
Fee for Additional Services (Allowance)
1. Wind Storm Certificate
1. Elimination of Architectural
Barders
3. Warranty Inspection
4. Review Contractor's Field Set of
Construction Drawings and
Specifications
5. Provide Field Inspection of the
construction as required on a
regular basis to maintain a record of
the progress and quality of the work
6. Topographic Survey
7. Kitchen Consultant
8o Three (3) Presentations to Board
and Committees
Sub-Total Additional Services Fees
Authorized
Total Authorized Fee
$44,200.00
$2,800.00
$11,800.00
$58,800.00
$2,100.00
$1,400.00
$1,600.00
$2,300.00
$6,700.00
$2,500.00
$7,500.00
$1,800.00
$25,900.00
$84,700.00
Contact Summary - Senior Community Services Central Kitchen
H:M-IOME~VELMAR\GEN\CDBG\CENTRAL\CONSULTA\STANDARD%CONTRACT.SUM
123
Rle : \Mproject\councilexhlbits\exh3090.dwg
PROJECT SITE
N
GEMINI
SANTA ELENA
i
Del Mar
College
West
Cornpus
SENIOR
CO UNITY SER~CES
MM
CENTRAL K~CHEN ,
BEAR LN.
GLORIA
Corpus Christi
Golf Center
k BRANIFF
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z
WRIGHT
CURllSS
LOCKHEED
TDMHMR CUB
Corpus Chris-.i FAIRCI-rILD
,~'~te School
YAN
Pork
CITY PROJECTNO. 3090
LOCATION ~
NOT TO SCALE
SENIOR COMMUNITY SERVICES
CENTRAL KITCHEN
crl~ OF CORPUS CHRISTI, TEXAS 124
EXHIBZT "C"
CITY COUNCIL EXHIBIT
DEPARTMENT OF ENGINEERING SERWCES PAGE I OF 1
DATE: 08-16-2000
AGENDA MEMORANDUM
DATE: August 17, 2000
SUBJECT: Bayfest 2000 Festival Street Closings
AGENDA ITEM: Motion approving the application from Baylest, inc. to temporarily close the
following street sections for the Bayfest 2000 Festival, September.29 - October 1,2000.
3.
4.
5.
Northbound Shoreline Boulevard (inside lane only), between westbound interstate 37 and
Hughes Street, from 9:00 am, Wednesday, September 20 through 8:00 am, Friday,
September 29 and from 6:00 am, Monday, October 2 through 5:00 pm, Wednesday,
October 4, 2000.
Southbound Shoreline Boulevard (full closure), between westbound Interstate 37 and
Hughes Street, from 9:00 am, Wednesday, September 20 through 5:00 pm, Wednesday,
October 4, 2000.
Northbound Shoreline Boulevard, (full closure), between westbound Interstate 37 and
Hughes Street, from 8:00 am, Friday, September 29 through 6:00 am Monday, October
2, 2000.
North Water Street, (full closure), between Fitzgerald Street and Hughes Street from 8:00
am Friday, September 29 through 6:00 am, Monday, October 2, 2000.
Power Street, Resaca Street, Palo Alto Street, Fitzgerald Street, and Hughes Street (full
closures), each between Water Street and N. Shoreline Boulevard, from 8:00 am, Friday,
September 29 through 6:00 am, Monday, October 2, 2000.
ISSUE: The Bayfest 2000 festival necessitates the temporary closure of several public streets
between Interstate 37 and the Convention Center. The event Co-Chairpersons for this year's
event, Mrs. Sharon Emerson and Mrs. Sherry Rumley, have requested the same street closures
previously approved by the City Council for prior year Bayfest festivals.
REQUIRED COUNCIL ACTION: Street closing permits for large public events require City Council
approval.
RECOMMENDATION: Approval of the motion as presented.
Additional Support Material
1. Background Information
2. Site Map
3. Street Closing Application
4. Bayfest Lease Agreement
Bayfest 2000 Festival Street Closings
Page I of 2
125
AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMATION
BACKGROUND:
Prior Council Action: Since 1975, the City Council has annually approved street closure
applications by Bayfest. Inc. to conduct its festivities upon public streets in the bayfront area. Most
recently (February 16, 2000), the Council approved a new five year lease agreement with Bayfest,
Inc. imposing terms and covenants not included in the provisions for public event street closing
permits (Sections 49-15 through 49-18).
Background Information: Mrs. Sharon Emerson and Mrs. Sherry Rumley, Co-Chairpersons of
Baylest, Inc., have requested temporary street closures for the 25th annual Baylest event. Bayfest
2000 festivities will occur on September 29, 30 and October 1,2000. Baylest, Inc. has agreed to
comply with the applicable city code requirements for this type event and has received approval
from 100% of all property owners abutting the street sections requested for temporary closure.
Lease Agreement and Reimbursements to Ci~: The Bayfest 2000 Festival is covered under a
five year lease agreement between the City and Bayfest, Inc. Under the terms of this agreement,
Bayfest, Inc. is permitted use of sidewalks, medians and the seawall along Shoreline Boulevard,
as well as the Bayfront Arts and Science Park and the Barge Dock. The current agreement
provides that Bayfest pay a one-time $250 permit fee and 100% of the cost of City services for
event support, except that in year 2000 only, Bayfest will pay 75% of all police department overtime
costs. The City of Corpus Chdsti was reimbursed $33,940 for actual support provided during
Bayfest, 1999.
Street Closings and Detours: Street closings for the Baylest event are necessary to allow the set-
up of booths, stages, and other facilities located within the median area and street sections. The
total number of days of street closure for the Bayfest 2000 Festival complies with the allotted 4
days of exclusive use and 21 days of non-exclusive use of the specified premises under the current
agreement. Special detour signage will be provided to guide motorists to businesses fronting the
closing section of Shoreline Boulevard and to the tourist-related facilities in the Bayfront Arts &
Science"Park. Traffic signal operations at the intersections of IH 37 with Mesquite, Chaparral,
Water and Shoreline Boulevard will be adjusted to accommodate the normal traffic patterns
associated with Bayfest events.
Effect on Bayfront Arts & Science Park Functions: Staff has discussed the proposed street
closings with management ofthe Convention Center. There are no large events scheduled at the
Convention Center during the same time period of the Bayfest festival street closing. The usual
special signage will be provided to direct motorists to other Bayfront Arts & Science Park attractions
via Chaparral Street,
Traffic Routing Changes: There are no street closing changes compared to last year's event.
Effect on U.B. Federal Courthouse: The new U. S. Federal Courthouse is still under construction
and will not be occupied until the December, 2000 - January 2001 time frame. Staff has discussed
this year's Bayfest event with the U.S. Marshall's Office. Bayfest will install a barrier fence to
prevent Bayrest attendees from trespassing onto the Courthouse construction grounds.
Bayfest '2000 Festival Street Closings
Page 2 of 2
126
A ~ PROPOSED STREETCLOSINGS
CITY COUNCIL EXHIBIT "A"
SUBJECT: BAYFEST 20~) FESTIVAL
TEMPORARY' STREET ~,~;ING_e
LOCATION MAP
Traffic Engineering Div,
En~,.;.~eeri~g Services Dept,
~,,rc'C'; , ,,c?':~ TRAFFIC ENGINEERING DMSION
,~ DEPARTMENT OF ENGINEERING SERVICES
~' ~,:, ' CI~ OF CORPUS CHRISt, T~S
APPLICATION FOR PERMIT TO CLOSE
STRE~ FOR PUBLIC EVENTS
2.
3.
4.
5.
Name of Organization Sponsoring Event:
Name of Proposed Event: '~'zL~-~
Date of R~ned Event: --~-, ~P-~m~-~
Key Contact Individual: ?1¢~., c",, ~_", ~",~-~%~.-L ,~, .,:~ ji-.~.. ~ ~,,.,,, ~ ,.~ Phone No. ~7~:-~ ':r~.-.~'
Street(s) Requested for Closure, Dates and Times of Day - DESCRIBE: ~,<:
Purpose of Event and Detailed Description of Activities Planned: '7;7 "r',~ :.', 4~ ,~ '..":~_ Ft. z '~'
List foods and beverages to be served:
Services Requested by
,~..,~-& ~ !"~.~.,
10.
11.
Attach a diagram illustrating in detail the location of booths, stages, restrooms, first-aid stations,
etc., that will be included in the event.
Enclose a check or money order for $200 to cover administrative costs of handling application,
payable to the City of Corpus Christi (City Ordinance #20463, 9/20/88).
Attach an official letter of transmittal requesting approval of the event,
128
Per,~it to Close Sb'eet
for Public Events
2
12. In consideration of obtaining a permit to close a City street for a public event, the applicant or
sponsoring organization agrees to comply with the following applicable conditions:
A. Admittance to said event shall be free; ~f:~-c q2.', ,L~ ~5'~j~Lc~ .~
B. All profits derived from the event shall be for charitable causes;
C. Pay the City four-percent (4%) of the gross receipts derived from event, or reimburse the
City for all costs incurred by the City in support of said event. Accurate financial records
shall be maintained and payment shall be made to the city within sixty (60) days after the
event ends.
D.* Pro~de insurance with a minimum coverage of $500,000 for personal injury or death,
$1,000,000 per occurrence, and $100,000 property damage for larqe events, and a
minimum of $500,000 total liability coverage for small events.
E.* Completion of Indemnification Agreement;
F. Provision of a traffic control plan for event, to be coordinated with the Traffic Engineering
Division and Police Department. The City shall be reimbursed for its installation of all
traffic signage and barricading determined by the City to be necessary for safe control of
the event.
G.* Written approval for the temporary street closure must be obtained from (i) one hundred
(100) percent of the manaeinci tenants or, if the ProPertY iS vacant, manaaina propertv
owners of the DroPertv abutting that portion of the street to be closed to vehicular traffic:
and (ii) for the Downtown Manaaement District onlv (bounded bv Lower Broadway,
Interstate 37, Shoreline Boulevard (including the marina areas, and Kinney Street), ninetv
(90%~ percent of the manaaina tenants, or, if the DroDertV is vacant, manaaina proDertv
owners of the property abuttina that POrtion of the street to be closed to vehicular traffic.
H. Provide adequate number of restroom facilities to accommodate the anticipated public;
I.* Obtain the appropriate alcohol and food permits required by State and Local authorities,
at least two (2) weeks prior to the event;
J. All security other than perimeter traffic control shall bo provided by sponsor security shall
consist of off-duty City Police officers, or other type security officially approved by the City.
K. All construction of booths, stages, dispiays, electrical services and plumbing shall comply
with City Codes. The final layout of booths shall be approved by the Director of Parks and
Recreation;
L. Provide for potable water within the event site;
M. Provide first-aid stations;
N. Provide continuous cleaning of the site dudng the event and return it to pre-event condition
after event ends;
O. Restore any damaged City property promptly after event ends:
P. Coordinate all phases of event with appropriate City departments to insure a safe and
successful event;
' Q. Vehicles shall be prohibited from parking on grass areas within the street right-of-way;
R. No obliteration or defacing of the street surface or sidewalk; except by chalk markings;
S. All City Noise Abatement Ordinances shall be complied with;
T. Allow for the free passage of emergency vehicles into event area in case of emergency;
U. Camival4ypo Fides will ~ot-be-permit~z~.--
V. Building and Electrical permits for a temporary promotional event, associated construction
and Certificate of Occupancy arP. rP. ouired.
Permit to Close Street
for Public Events
3
Evidence that these conditions have been meet must be presented to the City Traffic
Engineer prior to the request being submitted to the City Council for final approval.
Signed: '~.'~~
Event ChairmanlOrganizergw,fu:p
~ ~=~. -~,~
Sponsoring Organization
Date Submitted:
131
INDEMNITY AGREE1VIV NT
THE STATE OF TEXAS §
COUNTY OF NUECES §
KNOW ALL MEN BY THESE PRESENTS
WHEREAS, Section III of said standards, entitled Procedure and Permit Reouirements,
requires a contractor for a permit to close or block any part of a roadway to file a statement
with the director of Engineering Services Traffic Engineering division indemnifying the City
against all claims or causes of action by reason of or adsing from the closing or blocking
of the roadway pursuant to a permit issued by the City.
Now, therefore, in consideration for the issuance of a permit to the undersigned by the
City of Corpus Christi, for the purpose of barricading, blocking or closing a street, alley or
other public right-of-way in said City, said permit applicant agrees to indemnify and save
harmless and defend the City of Corpus Christi, its agents and employees from any and
all claims, lawsuits, demands, liabilities, losses or expenses, including court costs and
reasonable attorney"s fees, for or on account of any injury to any person, or any death at
any time resulting from such injury, or any damabds to any property which arise or may be
alleged to have arisen directly or indirectly, as a result of the granting of this permit.
The Contractor, during the term of operations specified in this Public Right-of-Way
Blockage Permit, will provide and maintain at the Contractor expense, Comprehensive
General Liability Insurance coverage with a Contractual Liability endorsement and with
minimum limits of $300.000 I;}er person, $500.000 per occurrence, and $100.000 for
property damage, and Automobile Liability Insurance coverage with a minimum coverage
of S100.000 per person, $30.000 per occurrence, and S100.000 for property damage or
as required by the Risk Manager of the City of Corpus Christi pursuant to Ordinance
#19277. The City of Corpus Christi will be named as Additional Insured on the policy.
Evidence of required insurance coverage will be by a Certificate of Insurance furnished to
the director of Engineering Services Traffic Engineering Division prior to the proposed
blockage under this permit.
Witness my (our) hand(s) this
,133 --
. Permit ADc~;cant
BAYFEST. INC.
FIVE YEAR LEASE AGREEMENT SUMMARY
PARTIES:
City. of Corpus Christi. TX (City.)
Bayfest, Inc. (Bayfest)
PREIVHSES:
The sidewalks, media and sawall. along Shoreline Boulevard between Interstate
Highway 37 and the Bayfront All and Science park: the Barge Dock and the vacant city block
bounded by Resaca, Fitzeraid. Chaparral and Water Streets.
F/ithin the next 3 years or more the construction of the federal Courthouse and the ,rH 37
park vrotects will steni~canttv impact the Premises. 7'he ~remtses will need to be reveiwed
annually to determine the Proiects trapart on the Event.
Use of the Watergarden will be reviewed annually.
TERNI:
A Five-year Lease Agreement authorizing twenty (201 consecutive days of non-exclusive
use annually in 2000, 2001. 2002. 2003 and 200~ and four (4) days (within the 20 days) of
exclusive use of the premises descnbed below all during the month of either September or
October.
PAYMENT:
Baylest will pay City a one-time, $250 Special Event Permit fee. Baylest will pay City
100% of City's Direct Costs associated with the event and its related activities with the exception
of Police ovemme costs. Baylest a_m'ees to pay city 75% of police overtime costs for the year
2000 and 100% of police oremine costs for every year thereafter. Each year, one month prior to
the Event. a $2000 cash deposit must be paid to the City. If no costs are incurred or all City
costs are paid. the deposit will be returned to Bay/~st within 30 days al~er the event.
AGREEMENT:
Four months prior to event. the Park Director, Street Director, Police Chief and City
Traffic Engineer will raeet with Bayfest representatives to agree on City services to be provided
and discuss the costs of the City. services for the Event.
City. will bill Ba.vfest for direct costs within 30 days after the event closes. The
comrmttee will pay City's Direct Costs. if any, as billed within 30 days after City tenders invoice
to Baylest.
Bayfest must provide Commercial General Liability insurance for the length of the event
and its related activities protecting against liability to the public. Such insurance must have
policy limits of $1.000.000 Combined Single Limit per occurrence for personal injury, death and
134
property. damage and naming the City of Conpus Clmsti as Additional Insured. All vendors
selling alcohol at the event must have a S1.000.000 aggregate liquor liability. In addition.
insurance for volunteers with limits of S 10.000 for death or dismemberment and limits for
S5.000 tbr medical expenses 'must be provided. Baylest and its volunteers, contractors and
subcontractors must have automobile insurance that covers all owned and non-owned
automobiles with at least the statutory. $20.000 per person. $40,000 personal occurrence, $15,000
property, damage limits. Baylest must furnish the Certificates of Insurance in the above
mini'mum amounts to the City's Risk Manager two weeks prior to the non-exclusive use period.
Bayt~st must provide barncaries and traffic sirens as required by the City Traffic Engineer
that include temporary directional signage to the nearby attractions/facilities affected by any
street closures and traffic circularaon around evenL
If the City develops a "Festival" site during this Lease, Baylest agrees to move the Event
to the new "Festival" site for the next Event conducted after the "Festival" site is open for events.
The Lease will be mended to reflect that the new "Festival" site is now the Premises for this
Lease and that all future Events supported by the "Festival Site" will be conducted at the
"Festival" site during the Lease. If the "F~stival" site is not available for events at least 6 months
prior to the date of that years Event. Bayfest may elect to wait one year to move the Event to the
"Festival" site.
Event Security Officers must be sworn peace officers paid directly by Bayfest; provided,
however. that the Police Chief may determine that a secttrity guard service may be adequate for
the event.
If the City's Police Chief determines it is necessary., he will assign Police Officers to provide
crowd control and traffic control for the Event and any needed offsite traffic control.
~r,:x.pr-dir-shaxed\sultural\agenda\bayfstls
135
136
State of Texas §
County. of Nueees §
August 30. 1999
Bayfest Five Year Lease Agreement
Know All By Thee Presents:
TI-HS LEASE AGREEMENT is between the City of Corpus C"nzi~, a
Texas home-rule mumcipai cotpontoon ("City'~, ac~ing through its duly desi~o~t,,~i City
Man~er. anti BayfesL Luc. a Texas non-profit corporation. (~Bayfest"), acting through its
duly desi~m~t agenL and in consideration of the covenants conned heroin.
I. Definitions.
g-
i.
k~
City o means the City. of Corpus Christi. a Texas home-rule mumcipaiity.
Baylest - means Baylest. Inc.. a Texas non-profit corporanon.
Bayfesfs Agent - means a duly authorized representative of Bayfest, Inc.
Premises - means the site tbr the Baylest Event, including parking lots, the
barge dock, etc, as more fully described on the anached and incorporated
Exhibit A.
Event - means the annual fe'~tivul alld related activities sponsored by
BayfesL
City Manage - means the City's City Manager or his designee.
Park Dinemr - means the City's Dire'mr of Park and Recnation or his
City Traffic Engineer - means the City's Tra/fic Engineer or his designee.
Police Chief- means the City's Police Chief or his designee. ~is
Risk Manager - means the Ci.ty's Director of Risk. Mnna.aement or
City Attorney - means the City's Attorney or his designee.
Projects - The 1H-37 Park -,rod Federal Courthouse projects began work in
fall of 199g and will last for three years or more. The Projects will affect
parking, s'~,eets, and premises identified in this Lease.
2. Tenn. This Lease is for a term of five (5) years, commencing
2000. Bayfesz will be entitled to non-exclusive use (for purposes of set-up and
take-down) of the Premises for a period of twenty (21) consecutive days axmually in
2000, 2001, 2002, 2003. and 2004, and to the exclusive use of said Pmnises annually for
a period of up to four (4) days within such twenty (21) day period in each of such years,
all during the month of either September or October, provided. however, that Baylest
may terminate Illis Lease by giving written notice of cancellation at l~ks~ nine (9) months
prior to the first day of each twenty (21) day use period. Said use periods are more fully
described in Exhibit "B" incorporated and attached her~to.
bfcnn-ct-5 years I
January, 20. 2000
137
3. Pnmi~s. City grants to Baylest the privilege of using tt~ following described
City. property. to conduct its annual Baylest Event:
The sidewalks. medians and seawail. along Shoreline-Boulevard between
[ntex'~re Highway 57 and the Bayfront Arts and Science Park: the barge
dock: and the vacant city. block bounded by Re',_,,,'-. Fitzgerald. Chapanal
and Water Streets. stud areas being more fully described in Exhibit A (i.e.
In addition, landscaped areas w~thln the Pre~lise$ musz be protected during
the Event.
If the City develops a "Festival" site during thi_~ L~ase. Bayfest agrees to move the Event
to the new "Festival" site for the next Event conducted after the "Festival" site is open for
events. The Lease will be mended to reflect that the new "Festival" site is now the
Premises for thi_~ Lease and that all funire Events suppoRed by the "Festival Site" will be
conducted at the "Festival" site durinE the Lease. If the "Festival" site is not available for
events at least 6 months prior to the ,~gr. of th~r yeats Event, Baylest my eiea to wait
one year to move the Event to the "Festival" site.
Note: This Lease does not include the Bayfrom Plaza Convention Center or parking JOtS
adjacent to the Convention Center. Use of any of the~ facilities will be covered under a
separate agre~m~L The su~t closure proc~s will govern further sweet clom.
4. Premise Revisions. Within the next three yem's or more, the Projects will
significantly impact and change the Premises and other pans of this Lease. The
Premises will need to be reviewed annually in the areas of parking, street closures,
traffic controt, barricode, traffic signs, seeurity, fire lanes, and fencing, to
dete,mine whether the Premise are impacted by the Projects and whether Er.h/b/t
.4 needs to be revised by the Park Director and Baylet. . ,.
Requests by Bayfest for use of additional City-owned areas requix~ prior written
appwval from the Park Director. No concession stand, rides or other apparatus connected
with Baylest may USe the grassed or robbed areas within the Bayfrom Science Paxit
without prior written p~.uission from both the Convention Center Manager and the Park
Director. Use of the Water Garden must be appmved annually by Park Director. The
Pazk D~r may reqttixe written permi-~jon to be secured by Baylest of other tenants,
i.e. Art Museum of South Texas, Harbor Playhouse, Corpus C"hristi Museum of Science
and History.
If Exhibit A is revised. a new Exhibit A will be filed with the City Secr,~ry and Park
Director and supersede the existing Exhibit A. Any new Exhibit A becomes effective
upon its filing with the City Secretary..
bfcnu'ct-5 years
;anuary 20. 2000
2
138
5. Event Layout Diagram. Baylest must provide the Park Direcwr a diagram
explaining the final Event layout for all related a~ivities at least two weeks prior to the
Event. Layout of the Event is subject to the approval of the Pank Director.
6. Speeiai Event Fee. Bayiest must pay City a one-tune Special Event Permit fee
of $250 as per City orciinance.
7. Payment of City Costs. In consideration for the use of City property Baylest
will pay the City within 60 days after the Event ends each year th~ actual cost incurred
for services nmdenRt' .including any other City services- pwvid6d by departram other
thn~l Park & ~on and Police.
The Park Dixt'ctor will invoice Bayfest for such costs within twenty (20) calendar days
aier the Event each year. Such invoice will provide an imniz~i brinkdown of the City
charges for sen, ices mulered (setup and takedo~n~, Event clean pp, street sweeping and
repair categories). Upon receipt of written request of Bayfest's Agent the Park Dh~ctor
will funUsh reitsonable supporting documenP~fion of such charges within ten (I0)
calendar days. Ifthe~ is a hum cane or othe~ storm event that e|iminnt~n the Event or that
reduces attendance at the Event by more thnn 50% from the prior year's attendance
leveis, the City Manager is delegated the authority to adjust the billing of City's Direct
Direct Cestt City 's Direct Costs in assisting with the Event my include but
not limited to:
1. Damages to City property within the Premise~ as a result of the Event,
which will be billed at the cost of rt, palr. Damages may be r~ai~i by
Baylest.
2. Costs of labor contracted for clean up, or additional clean up required by
the Director of relevant City departments, at applicable City rates for the
year billed. see B.L and Seaion 21, below. (Bayfea't will be given the
olFpornmity to hire and work its owa cleallt-up crew dttrln~ and after the
Event )
3. Costs of Police Officers provided for security, crowd conreal, traffic
conu'oi, and off-site traffic control, at applicable city rates for the Police
Officers assigned. In year 2000, Baylest 100~/o of City costs for Event
servic~ and 75% of poLie~ overtime. For all subsequent years Bayfeat
will be responsible for I00% of all City Din:~t Costs, including police
overtime.
4. Costs of set-up and takedown, at applicable city rates for the employees
assigned for the year billed, see B.2. And B.3. below.
City will provide an ann~lal itemized bill of Dix~ct Costs. if any, within 30 days
aria- the Event closes. Bayfest will pay City's D~ Costs, if any, as billed
within 30 days after City tenders invoice to Bayrest.
bfcntrct-5 years 3
~ranuary 20. 2000
139
City, Services. Payment will be r.-,~- as set oux in S~tioa 7 above. for the
following list of acaual servicu actually provided by th{ City at each annual
Event C'Ci.ty Scrviccs*~ may include:
Provide Premms ground and street trash removal services, up to
appro:~imnr-iy six (6) trash (brush) tnr, ks and appwximately 100 trash
barrels, as available. for placement in desip"-'d areas in and around the
Premises. Baylest must provide plastic trash b-~ for the trash barrels.
Finnish and transport appro~eim,¢,iy 80 picnic tables, as available., to and
from the Prewni_qes. for theEvent annually.
Provide Park Construction Crews one 8-hour day before and after the
Event (two days total) annually to transln~ Bayfesrs property to and
Bayfest's warehouse; to remove hay and sand from designated Baylest
Premises; and to dispose of used vendor tickets.
Costs of barricades, siEn~ cones, etc. furrushed and/or transported to the
Premises by City staff (sce Seelien 1~).
Other services requested by Bayt~st's Agent and provided by City.
8. Annual Planning Meetinas. Four months prior to each year's Event the Park
Director, SlEet Director, Police Chief, and City Traffic Engineer will meet with Baylest
representatives to agree on City Services to be providcd and discuss the costs of the City
Services for the Event Baylest Agent may request additional meetings.
9. Deposit, Baylest must pay a deposit of ~2,000 at least one month in advance of
the Event, made payable to the City. The deposit will be used to reimburse the City for
any costs incurled for trash pick up or removal of any stoLeturns or repairs to City
property. If no costs are incurred and Direct Costs are paid, the deposit will be returned
to Bayfcst within 30 days after the Event.
10. Notice. Notice: may be given by fax. hand delivery, or certified marl. postage
prepaid. and is de,ned received on the day faxed or hand delivered or on the third day
after deposit if sent certified mail. NoUce must be sent as follows:
ff to City:
If to Lessee:
Director of park .ha Ration
City of Corpus Chrisd
P.O. Box 9277
Corpus Christi, TX 78469-9277
(512) 880-3474
FAX (512) 880-3864
Baytest, Inc.
P.O. Box 1858
Cotl:msChm-ti,'!'X 78403-1858
(512) 887-0868
FAX(512) 887-9773
I1. Tempora~ Street Closures. Upon making ,a~plication to and receiving
permission from rim City each year for the temporary closing of the street to tra~c in
accordance with City ordinances. Baytest may block off Shoreline Boulevard northbound
and southbound North of IH 3 7. A portion of the east leg of Shoreline Boulevard will be
bfcntrct-5 years 4
january. 20. 2000
140
kept open for continuous northbound trattic flow into the Convention Center and An
Museum up until th~ first day of the Event Except as set out in the t~nporary closure
ordinance. Bayfeat must not obmruct or intm'fere with tml~c upon Shoreline Boulevard,
either northbound or southbound at any time. Upon con~rrn~ion of street cinstuts by the
City. Council, Bayfeat may block off (excel~ to local traffic) the s~--tions of Hugtgs.
Ree-,'~ Fitzgerald. Palo Alto, Power and Belden s~reets between Sho~..tine Boulevard
and North Waler Smt for th~ purpose of ptacin~ suppgn s~vic~s and equipment
associamd wi~h the EvenL in accordance with a si~ us~ pian a~proved by tit City Trar~c
Ell~ineer and Park Director.
Ba.vfut must ~,uvide the City. Traffic Engineer and tit Park Director its sit~ plan for the
Bayt~'t Event, a!~plicaUon for the requested slreet closure, and proof of all atrocted
pwpert}, ownera' approval of the proposed temporary ~h~-et closure not later than June
1st annually. All su~et closures on a temporary. basis are subject to the requirements of
Ci~t Ord~, -~ections 49-15 to 49-t8. as may be amended, and require the City
Council to conrum such closures. The decision to confh'm th~ closu~ of such sn~ts is
wirttin the sole discretion of the City. Council acting upon such application az the tune
such ap. piiemion is subrmtted.
12. Parking, Bayfeat will provide parking and signage for people with disabilities
in close proximity to the Event entrance and its related a£tivities defined on the Premi-v,s
map (Exhibit A). In addition, Bayfeat will provide no mo~ titan 5 psrldng passes for
City personnel scheduled to work during the aeuml Event and related activities.
13, Barriendes, Traffic Signs. Bayfeat must provide barricades and tr~c si~s
requLt~d by the City Traffic Engineer rhs~t include tenlporary di~oDal sig~sge to the
nearby ath,~etions/facilities affected by the street closures and traffic circulalion around
the Event
Street access to Premises may not be blocked or partially blocked without demur signage
and alternate su~et access. Ba.vtkst must pay the cost ofntldltional
14. Signage and Advertising. On Premises signage and advertising proposed for
the Event must receive the Park Director's prior written approval. Bayfest's Agent may
request inflatnhle adVertiSing Only for EvenIs ~ receive national rolevision exposure,
which mus~ be p~-approved by the Park Diremr prior to being installed.
15. Rest Room, Drinking Water and First Aid. Bayfeat must provide
adeqllate portable rest roow. s. including r~.i~'t,,onB for people with special needs, and
drinking water for the public as detenrm3ed by the Park Director. A first aid station must
also be provided throughout the duration of the Event,
16, Insurance. Ba.~est's Agent must furnish to the Risk Manager Commercial
General Liability insace for the length of the Event and its related activities protecting
against liability. to the public. Such insurance must have at a minimum. policy limits of
$1.000.000 CombIned Single Limit per occurrence for personal injury., death. and
bfcntret-5 yeats 5
Janu,try 20. 2000
141
property. damage. Ba.vfest and its votunteem conm~-'tors and subcontractors driving on
the Premises must have automobile liability insurance. which cove~ all owned and non-
owned aummobil~s on Premises with at lessz the statutory. bodily injury $20.000 per
penon. ~40.000 per oc~m-r~nce. ~I~.000 property damage lirmts. Bayfesfs conu'acmrs
and subcontracton that deliver tents. temporary. ~. stages. blciehcx~, and other
large items utilized for the Event must have owned and non-owned automobile imce
with at least a $500,000 combined single limit t)ayfcsx musl also furnish insurance in
the form of an accident policy for volunteers with minithin iimlr. s orS10,000 for death
or dismemberment and limits of $5,000 for medical cxpmmscs. If alcohol is served at uny
of Bayfest's lEven~s on Premises then Liquor Liability insurance in the amount of
Sl.000,000 evmhincd sinFie limit must be provided by the entity serving the alcohol
The City must be named as an Additional ~ on all liability policies. Baylest must
furnish the Certificates of insurance in at least the above minimum amounts to the City's
Risk Manager two weeks prior to the non-excinaive use period each year.
Bayfest must requi~ all volunteers to sign an accident waiver form that Baylest mu.sl
keep on file. The City Attorney will approve the form. In the event of aecidenm of any
kind. Bayfest rnus~ furrash the Risk Manager with copies of all reports of such aecidenm
at t,hc same time thai the reports ate forwarded to any other intn'est~d parries.
In addition, Bayfen must pwvide copies of all insurance policies to the CiV/AtWrney
upon City Manager's written request Said imsm-ancc mu.~ not be canceted, non-mewcd
or maxeriaily changed without 30 days prior written notice to the Park Director. The Risk
Manae,er may increase the limits of insurance upon two (2) months written notice to
Bayfest
17. Indemity: Baylest must indemnify and hold City, its offleers, agenU and
employees ("Indemnitees') harm/Me of, from, and against all e/aims, demands,
actions, damages, losses, costs, liabilities, expenses, and judgments recovered from
or aSsel~ed aglSin~sC Indemnic------ on aceout of injury. or damage to person or
property to the extent nny such damage or injury. m.v be incident to, arise out of, or
be caused, either proximateJy or remotely, wholly or in part, by an act or omission,
negligence, or misennduet on the part of the Indemnitees or on the part of Bayfest or
any of its agents, servants, employees, contractors, patrons, guests, Heeusees, or
invitess entering upon the Premises pursuant to this Baylest, the. Five Year Lease to
use the Premises and those portions of Shoreline and streets that are closed ud the
adjacent portions of the road median and the barge dock to set up and take down,
hold attend, or participate in Baylest and --soelnted activities, on the premises with
the expressed or implied Invitalion or permission of Baylest, or when any such
injury. or damage is the ruuit, proximate or remote, of the v/oiation by Indemnitees,
Ba.vfe~t, or any of its agents, servants, employees, contractors, patrons, guests,
licensees, or inv/tees of any law, ordinance, or governmental order of any kind, or
when any such injury. or damage may in any other wry arise from or out of the
improvements looted on the Premises heroin or out of the use or occupancy of the
improvement to the Premises or the Premises itself by [ndemnitees, Baylest, its
agents, servants, employees, contractors, patrons, guests, licensees, or invitees.
bfcntrct-5 years 6
January. 20, 2000
142
These terms of indemnification are effective whether such injury or damag~ may
result from the sola negligence, contributory negligence, or concurrent negligence of
[ndemnitess, and in nit eases where [ndemnitees actions are directly related to the
Event, but not if such damge or-injury mulls from gross negligence or wilLrid
miseonduet of Indemnitees.
Bayfelt covenants and agree that if City is rode a par~y to any Utigation against
Bayfelt or in any litigation commenced by any party, other than Bayfest relating to
this Ba.vfelt Five Yesr Lease, Bayfelt shaft defend City upon receipt of reasonable
notice regarding commencement of such litigation.
18. -~afety Hazards. Bayfest, upon written notice of identified safety hazards by
the Police Chief, Fire Chief, Park Director or Risk Manager, must correct the safety
hazard, within six hours or such other time ~-ame as is included in the written notice of
safety. hazards.
19. Damages to City Property.. City will provide Bayfest's Agent a punchlist of
damage to City property. deftned in the Pr~rni~es within 2 days a~er the close of the Event
annually. Baylest will restore all items on the puncbli~t within 3 days after receipt of the
punchlist. If Baylest fails to restore all items on the punchlist, Park Director my de so
and invoice Bayfe:st for Direct Costs, as set out in -qeetion 7 above.
Baylest or its agent must fill and compact all holes in grassy areas made by Bayfelt or
any entity or person participating in the Event Park Director must approve fill material.
Any subsidence within the Premise~ must be ~,temionally filled by Bayfest or its agent
until no subsidence occurs.
20. Pavement, Curbs, Sidewalks, SeawalL Any work which involves holes or
other changes in the pavement curbs. sidewnlk~ or seawalL requires the prior written
approval by City's Director of Engineeti~ Sermons. provided however, that no such
approval will be given if such work will require subsequent repairs by the City.
21. Permits. Bayfest must l"eq~ all vendors to obtnin and comply with
appropriate permits, includ!q~ permits from the Alcoholic Beverage Commission for the
sale of alcohol, from the City for consumption and sale of alcoholic beverages on park
land. and must comply with all n:quirements of the City-Coumy Health Depa~;,,,ent for
the sale of foods and the protection of the public weLfi~. Baylest' s Agent will notify the '
p~,4- DL ,.~r ot any spec:al contritions unpov,~ by --'y penxiv;,~g ~genC.y. Any vendor
that sells alcoholic beverages must furnish proof of Liquor Liability Insurance in the
same mounts set out in Seaion 16. Said Certificate of Insurance must be furnished to
the Risk Manager at least two weeks prior to the starfinE date of the Event annually.
Other permits Bay'lest must obtain are a Street Closure Permit fixRn Traffic Engineering,
a Temporary. Promotional Event Permit from Building Inspection and Fireworks Permits
fi'om the Fire Depatuuent and any permits required by the Coast Guard for water events.
7
bfcntEt-5 years
Jantary 20. 2000
14~
Bayt~st's Agent will notify the Park Director of any special conditions imposeti by any
permitting agency.
22. Cleanup. Baylest must require all food and beverage-vendors to clean a
designated zone adjacem to their respecuve booths at regularly scheduled inrtrvals.
Ba.vfitst may designate the zone. but it will not be less than 10-leer by 20-feet in the
iramediate area awund each food and beverage booth. The clean up will be hourly and
immediately after closing the Event eae~ day. All trash cleaned up must be p~perty
deposited in a rash bag provided by Baylest and taken to a location desL~---,d by
Baylest Baylest my hire and work its own clean-up crew during and after the Event If
the Park Dir~.or ctetenninea that additiom clean-up is necessary, he will give Bayfest's
Agent 2 hours notice to increase services and if it is still ,,..u. ri~f~ctory Park Dir~wr may
authorize use of city workers.
Baylest must install screens, approved by the Stormwater Superintzndent or designee,
across all storm water inlets along Shoreline within the ~ (from the North end of
the barge dock to the Eas~ Side of the inm'seaion of Shoreline and IH 37). Drainage
must not be blocked. Each year, Baylest musx ranore the screens within the non-
exclusive use period after the close of the Event
23. Construction. The cor~uuction work for displays and stages must be
cortducted in accorda-ce with City building codes ..tt restrictions. Construction that
causes damages will only be allowed if Baylest pwvides the Park Director prior written
assurances that Bayfen will rcmedy said darnnZCS in accordance with Section 19 above
and Park Director approves such consu'uction m writing.
24. Temporary Buildings. Baylest must receive prior written approval from the
Park Director to place any temporary buildings on the Funds of the Premises.
Otherwise all temporary buildings moved onto Premises for the Event must be placed and
remain on trailers to promote expeditious removal. All such buildings must be removed
wnhin the non-exclusive use rime period,
25. Electrical & Water Services. Electrical and water service is not provided on
the Premises. A Temporary. Promotional Event Permit from the City Buiiaing Inspection
Department is required in order to install elecmeal service for the Event Further. a
Certi~cam of Occupancy which involves inspections, mus~ be completed by the proper
inspector to have all temporary services, such as, food, eleclrical, plumbing, tents, and
structut~ irapetted- It is the responsibility of Baylest to call ear. h inspector for an
appointment to inspe~ and get approval for each temporary service before the Event
begins. Park Director will provide access to water ~'om Park water facilities.
26. Permissible Vendor Location Markings. No paint or semi-permanent
markings will be pentuned which in any way obliterate or clefice any pavement maricings
or signs heretofore existing for the guidance of motor vehicles or pedestrians. Ch_aik or
tape markings may be used to pre-rnark locations on the sidewalk or su'eet. (Painted
markings of any type will only be perrim'ted in grassy areas).
bfcnu'ct-5 yea~ g
January. 20, 2000
144
27. Dispute Resolution. C~ty. and Baylest ag~.e that any disputes which may arise
between them concermng this Lease. such as determining the amount of damage to City
property. occuning as a result of the EvunL ,,viii be submitted for determination and
resotuuon. ru~t to tic Pane Director.' w~th a right to al~pm to the City M~,,~r. The
d~cision of the City Manager wfil be tim. unless ~ d~cision is appeat~i m the City,
Council by giving wnuen noUce of ~peal to the City Secretary. within ten (I0) days after
the wnnen decision of the City, Manager has b~n sent to Baylest. In the event of such
apptmL r~ d~cision of the Ci.ty Council will be final This Lease in no way waives
Bayfest's rights m seek other tegal remedies during tim appeals process.
28. Fir~ I.,ma~. Bayfest's Agent must at all time during the Event and the
non-exciasive use period. maintain fh'e lanes upon the Premises as may be designated by
City's Fire Chief. TIw fh-'e lanes must be kept clear of all obstructions.
Bayfeat must at all times it is in exclusive use of the Premises. provide driveway a~:ess
tbr trucks and emergency equipment to the service enwance of the Convention C~mer. the
.-M't Museum of South Texas. ~he Corpus Chnsti Museum of Science and History, and the
Corps of Engineers by keeping such driveways open and unoccupied by su'uctures or
automotive equipment.
29. Assignment. Bayfeat may not assign or u'ansfer rhi~ Lease nor sublease the
whole or any pan of the Premises or make any altemaion therein without the prior written
consent of the City.
30. Broth, Temiaation. Any failure on the pan of Bayfest to perform any of the
covenants contnined in this Lease, or any breach of any covermat or condition by Bayfest
entities City to t~rminnte, this Lease without norice or demand of any kin& not
withstanding any license issued by City and no forbeazance by City of any prior breach
by Ba.~est is a waiver by or estoppel against City.. In case of any such termination City
is enUfled to retain any sums of money theretofore paid by Baylest and such sums inure
to the be/ie~t of City as a set-off agamst any debt or i/ability of Bayfest to City otherwise
accrued by breach hereof.
31. Right of Baylest to Use Public Streets. Baylest acknowledges that the control
and use of public sn~ts is declared to be inalienable by the City and except for the use
privilege granted herein, ~ Lease does not confer any right, title, or inte~st in the
public prolnrty d~:ribed herein. The privilege to use the City property granted herein is
subject to the approval of the City Council as requi_,~ by ordinance and the compliance
by Ba.vfest with the terms and conditions contained within this Lease.
32. Not Partnership or Joint Venture. This Lease may not be construed or
deemed by the parties ber~o as a parmex~jp, joint venture. or such other relationship
which requires the City to cosponsor or incur any liability, expense. or responsibility for
the conduct of the Event or associated activities. Payments received from Baylest by the
bfcnm:t-5 years 9
Januaz7 20. 2000
145
City. are compensation for provision of City services as described herein and for the right
of Baylest to use public property. for the limited purpose described herein.
33. City Services Subject to Appropriation. Baylest recng, rt~ that the services
provided by the City pursuant to this L~ase aro subject to the City!s annual budget
approval and a~propriation. The continuanon of any contract after the close of any fiscal
year of the City, which fiscal year ends on July 31 of each year, is subject to
appropriations and budget approval. The City does not repr--~,em that the expenditures
required by the City for the provision of sen, ices required by rhig Lease will he adopted
by future City Councils. said determination being within the sole discretion of the City
Council at the time dadoption of each fiscal year b-dgeL
34. Compliance with Laws. Baylest must comply with all applicable federal,
state. and local laws and regulations, incD,dlng without limitation compliance with
.4anericans with Disabilities Aa requirunents, all at Bayfest's sole expense and cost.
35. Non-discrimmlion. Ba.~en warrants that they are and will continue to be an
Equal Opporumity Employer and hereby covenants that no employee, panicipunt. invitee,
or spectator will be discriminated against because of race. creed, sex, handicap, color, or
national origin.
36. Fence. Baylest my provide a temporazy six-foot (6') chain link fence, with
gates for access, as shown on Exhibit C, attached and hcm~rated. The fence will help
improve security, crowd control, litter control, and keep bicycles, ~kat~boards. animals,
and personal coole~ out of the Event area. Exhibit C may be revised to enlarge or
decrease the fenced area in accordance with Bayfest's aegis u~on Park Direaor's
concun~nce. If Exhibit C is revised, a new Erdaibit C will be filed with the City
Secretary and supersede the existing Exhibit C. Ally new Exhibit C becomes effective
upon its filing with the City Secretary..
37. Admission Fee. Baylest may charge an admission fee. Special events
connected with Ba.~est may charge another fee to help defray the cost of entertainment.
38. Security. Baylest must provide uniformed Security Officers during the Event.
and after the Event closes each night until it opens the next day. Baylest will assign the
Security Officers duties. Security Officer means sworn peace officers directly paid by
Baytht. Provided, however. that the Police Chief my determine that a security guard
service will lawvide adequate security for the Event, or portions of the Event. If the
Police Chief allows a security guard senrice to provide security, the term "~ecurity
Officer" will include a licensed secunty guard as well as a sworn peace officer.
If the City's Police Chief determines it is necessary., he will assign Police Officers to
provide off-site crowd and tra~c con~ol including cross walks and intersections within
one-half mile of Event site. as needed. and include costs of police officers in the Direct
Costs per Seelion 7 above. The Police Officers will be assigned duty stations by the
Police Chief. or designee.
bfcntrct-5 years 10
January, 20. 2000
146
39. Publication. Baytest agrees to pay the costs of newspaper publication of t~is
Lease and related ordinance as required by the City. Charter.
-tO. Entirety. Clause. ~tis [:case Agreemere and the incow, orated and attached
exhibits constitute the entire Lease Agreement between the City and Baylest for the use
~'nnted. All other Lease Agreements. promises. and repre.s~ntstions. unless contained in
the Lease Agreement. are expressly revoked. as ~ panics intend to pwvide tbr a
complete understanding within the provisions of this Lease Agreement and its exhibits, of
the terms, conditions. pwmises. and covenants relating to Bayfest's operations and the
Premises to be used in the operations. The unenforoeability, invalidiv/, or itlegaiity of
any provision of ~he Lease Agreement does not render the other provisions
unenforceable, invalid. or illegal.
Executed in Duplicate Originah on
,1999.
ATTEST:
CITY OF CORPUS CHRISTI
By:
David R. Garcia. City, Manager
By:
Atmando Chapa, City Secretary
Legal form approved on /[~ .~t.,cD ~
Attorney
,-1.~-~; James R. Bray, Jr., City
By:
A~TSon ~allaw~,yi ':x-sslstant~7,ity Atto~ey
BAYFEST, INC.
Title:
ll
bfcntret-5 years
January, 20. 2000
147
148
EXHIBIT B
BAYFEST
YEAR
NON-EXCLUSIVE
EXCLUSIVE
2000
2001
2002
2003
2004
8:00 a.m. Monday. Sept. 18. 2000
through 8:00 p.m. Sunday, Oct..
8.2000
8:00 a.m. Monday. Sept. I0. 2001
through 8:00 p.m. Sunday, Sept.
30,2001
8:00 a.m. Monday. Sept. !6. 2002
through 8:00 p.m. Sunday. Oct.
6.2002
8:00 a.m. Monday, Sept. I5.2003
through 8:00 p.m. Sunday. Oct.
5.2003
8:00 a.m. Monday. Sept. 6. 2004
through 8:00 p.m. Sunday, Oct. 26.
2004
12:00 p.m. Thursciay, Sept. 28.2000
through Sunday, Oct. 1. 2000
12:00 p.m. Thu~day, Sept. 20.2001
throughSunday, Sept. 23. 2001
12:00 p.m. Thursday, Sept. 26. 2002
through Sunday, Sept. 29. 2002
12:00 p.m. Thursday, Sept. 25.2003
through Sunday, Sept. 28. 2003
12 p.m. Thursday, Sept. I6. 2004,
through Sunday, September 19, 2004
13
bfcntrc:-5 years
February. i4. 2000 149
city of
Corpus
Ch~sti
November 5, 1999
Baylest,
P.O. Box 1858
Corpus Christi, Texas 78403-1858
Re: Revised 1999 City Bayfest Charges
The following is a breakdown of city charges for this years event.
SetupFFakedown:
Park and Recreation
Street Depaatment
5,619.12
1,018.35
Event Cleanup:
Park and Recreation
Solid Waste Departmere
Street Sweeping
12,469.67
301.43
1,275.00
Police overtime charges:
Actual charges $26,513.69
billed at one half mount
· 1.3,256.85
Tgtal Bill for City Services
$33,940.42
Please remit a cheek in the mount of $33,940.42 to the City of Corpus Christi Park and Recreation
Depa, tment, P. O. Box 9277, Corpus Christi, Texas 78469-9277. Please notify us when the tickets are
ready to be disposed of.
CC:
David R. Garcia, City Manger
Jorge G. Gaxza, Assistant City Manager
Sincerely,
Marco A. CianeWs, Dir~tor
Park and Recreauon Dep~eTt.
~R~ion Dept.
P.O. ~x 9277 * ~ ~i~, T~ 7~69-9277 * (512} 8g0-3461
CITY COUNCIL
AGENDA MEMORANDUM
Date: August 22, 2000
AGENDA ITEM:
A, Motion authorizing the City Manager or his designee to accept a grant the amount of $144,290
from the State of Texas, Office of the Governor, Criminal Justice Division for funding eligible
under the FY 1999 Juvenile Accountability Incentive Block Grants Program and to execute all
related documents.
B. Ordinance appropriating $144,290 from ~e State of Texas, Office of the Governor, Criminal
Justice Division, in the No. 1050 Federal/State Grants Fund for funding eligible under the FY
1999 Juvenile Aecountabitity Incentive Block Grants Program; transferring $16,032 from the No.
6010 Law Enforcement Trust Fund and appropriating it in the No. 1050 State and Federal Grant
Fund as gram matching funds.
ISSUE: The Govemor's Criminal Justice Division is awarding Juvenile Accountability Incemive
Block Grant funds to local units of government to promote greater accountability in the juvenile
justice system.
Funding: The funds must be used within 12 stated purpose areas in an effort to achieve the greatest
impact on reducing juvenile delinquency, improve the juvenile justice system, and increase the
accountability for juvenile offenders. The grant funds may not exceed 90% of total program costs
and participation requires a 10% cash match of $16,032 to be provided from the No. 6010 Law
Enforcement Trust Fund.
REQUIRED COUNCIL ACTION: City Council must accept the grant and appropriate the funds.
RECOMMENDATION: Staff recommends accepting and appropriating.
ChiefofPoli~ ~
ADDITIONAL SUPPORT MATERIAL
Background information
X
151
AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMATION
The City of Corpus Christi has been desil~ated to receive funding for the second year in the amount
of $144,290 under the FY 1999 Juvenile Accountability Incentive Block Grants Program through the
State ofTeras. The funds must be used within 12 stated purpose areas in an effort to achieve the
greatest impact on reducing juvenile delinquency, improve the juvenile justice system, and increase
the accountability for juvenile offenders.
The funding has a distribution requirement of 45 and 35 percent minimums to be used in specific
purpose areas; however, a waiver may be granted for the distribution requirement if the local unit of
government can certify that the interest of public safety and juvenile crime control would be better
served by expending funds in a different proportion. The City has requested and the State has
approved a waiver in order to use the full amount of funding for the primasy purpose area of
establishing and maintaining interagency infortnat~on-shar~ng programs that enable the juvenile
and criminal justice system, schools, and social service agencies to make more informed decisions
regarding the early identification, control supervision, and treatment of juveniles who repeatedly
commit serious delinquent or criminal acts.
Under this proposal, the funds will be used to continue work on an information-sharing network
between agencies. The 1998 JAIBG funds were awarded for connectivity between the Juvenile
Assessment Center, Nueces County Juvenile Justice Center, Municipal Court, area school districts
and other agencies. This project is underway, and it is anticipated that there will not be enough 1998
funds to complete the project.
Proposed use of the ~mds will include the hiring of a consultant to review and analyze each agencies
information systems and then make recommendations for compatibility and integration software and
hardware.,
152
STATE OF TEXAS
OFFICE OF THE GOVERNOR
August 8, 2000
Mr. David R. Garcia
Corpus Christi, City of
Post Office Box 9277
Corpus Christi, Texas 78469
Dear Mr. Garcia:
I am pleased to announce a grant award for $144,290 to your organization for the following project:
JAIBG. I am dedicated to ensuring that communities throughout the state receive resources to make
Texas a safer place. Funding for your project contributes to this effort. Your talent, dedication, and hard
work will ensure its success.
The attached Statement of Grant Award contains more specific information about your award. Call my
Criminal Justice Division at (512) 463-1919 if you have any questions. Thank you for your work and
best wishes f9r a successful project.
Sincerely,
GWB: ITrl
13299-02
153
POST OFFICE BOX 12428 AUSTIN, TEXAS 78711 (512; ~*63'2000 (VOICE)/(512)475-3165 <TDD)
GEORGE W. BUSH
GOVERNOR
STATE OF TEXAS
OFFICE OF THE GOVERNOR
CRIMINAL .lUSTICE DIVISION
TO:
PEOM:
SUBJECT:
CJD GRANT AWARD NOTHqCATION
I am pleas~ to inform you that Govemor George W. Bush has approved your application for award. The enclosed letter signed by
Governor Bush, Gram Acceptance Notice, Statement of Grant Award, and Approved Budget Summary, contains information
concerning a grant awarded to your agency by CJD. The financial officer and the project director designated in your grant application
have been informed of the award by separate letter.
The original Gram Acceptance Notice enclosed must be signed by the three designated grantee officials and returned to CJD within 45
days of the award date. The Governor' s web-site offers a met3, of useful links referencing CJD Year 2001 documents such as
application kits and forms. The site at htm://www. Rovemor. state.tx.us/CJD also contai.~ documents needed to properly admlnich~
CJD grams and is listed below:
Texas Admiulstm~ve Cede (TAC)
Provides description of Criminal justice grant programs, the funding cycle, and tips for grantees
Useful links to federal and state agency Web liome pages
Relevant federal and state initiative sitas :F'
Office of Ju.'rdce Programg (OIP) Financial Guide - applies to all CJD gr~nt~, except for Crime Stoppen Assistance Fun&
Safe and Drug-Free Schools and Communities Fund, anA the State Criminal .Illslice P]alllling Fund
Uniform Grant Management Standards CLIGMS) - edminiCatiwe guide, applies to all CJD grants
U.S, Department of Education General Adwinictrative Regulations (lEDGAP,) - applies to Safe and Drug-Free Schools and
CommllRities gEltits Only
I look forward to working with you to ensure the success of your program. Your dedication in appreciated. Any questions relating to
the adminlsUafion of this grant should be directed to the appropriate staff member listed below:
Robert Bodisch - Director, Law Enforcement and Texas Narcotics Control Program
> Del Cvallardo -- Local Law Enforcement Block Grants
~' Dan Glotzer- Criminal .illslice (421 Fund); RSAT Gmts
Glenn Brooks - Director, Justice Programs
> Leticia Pefia Marduez - Juvenile Unit
> Nancy Cartdies - Vic'*im~ Unit
Richard tL Nedelkoff, Director, Crime Stoppers Program
> Margie Fernandez-p~¢w - Crime Stoppers Gr~m~
512/463-1806
512/4634959
512/463-1786
5 12/463-1944
512/463-1921
512/463-1927
512/463-1953
512/463-1914
POST OFFICE BOX 12428 AUSTIN, TEXAS 78711 (512) 463-1919 (VoICE)/(512)475-3165(TDD)
154
AN ORDINANCE
APPROPRIATING $144,290 FROM THE STATE OF TEXAS, OFFICE OF
THE GOVERNOR, CRIMINAL JUSTICE DIVISION IN THE NO. 1050
FEDERAL/STATE GRANTS FUND FOR FUNDING ELIGIBLE UNDER
THE FY 1999 JUVENILE ACCOUNTABILITY INCENTIVE BLOCK
GRANTS PROGRAM; TRANSFERRING $16,032 FROM THE NO. 6010 LAW
ENFORCEMENT TRUST FUND AND APPROPRIATING IT IN THE NO.
1050 FEDERAL/STATE GRANTS FUND AS MATCHING FUNDS; AND
DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF TILE. CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That $144,290 is appropriated in the No. 1050 Federal/State Grants Fund from the
State of Texas, Office of the Governor, Criminal Justice Division for funding eligible under the FY
1999 Juvenile Accountability Incentive Block Grants Program.
SECTION 2. That $16,032 is transferred from the No. 6010 Law Entbrcement Trust Fund and
appropriated in the No. 1050 Federal/State Grants Fund as matching funds.
SECTION 3. That upon written request of the Mayor or five Council members, copy attached,
the City Council (I) 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
role that requires cousidemtion of and voting upon ordinances at two regular meetings so that this
ordinance is passed and takes effect upon first reading as an emergency measure this the __
day of ,2000.
ATTEST:
THE CITY OF CORPUS CHRISTI
Annando Chapa, City Secretary
Samuel L. Neal, Jr., Mayor
City Attorney
By:
Lisa g ilar
Au
Assistant City Attorney
H:\LEG-DIR\VERONICA\LISA\ORD2\ORD2. 198
155
AGENDA MEMORANDUM
· DATE: August 29, 2000
SUBJECT: Corpus Christi Interlibrary Loan Referral Center Grant for state fiscal year
2000-01.
AGENDA ITEMS:
Motion authorizing the City Manager or his designee to accept a grant in the amount
of $137,514 and to execute a contract and all related documents with Texas Slate
Library and Archives Commission for the continued operation of the Imedibrary
Loan Referral Center located at the Corpus Christi Public Library.
b) Ordinance appropriating $137,514 firore the Texas Slate Library and Archives
Commission for operating the Interlibrary Loan Center by the South Texas Library
System, administered by the Corpus Christi Public Library, in the Federal/Slate
Grants Fund No. 1050.
ISSUE:
The Texas Slate Library and Archives Commission designates and funds regional
Interlibrary Loan Referral Centers each fiscal year. Corpus Christi Public Library has
been a regional referral center since 1967-68 and continues to be so designated in slate
fiscal year 2000-01.
The purpose of lntedibrary Loan is to facilitate the lending and borrowing of books and
other materials among libraries throughout the United Slates. Participating libraries in
the 26 counties of South Texas are assigned to route their requests through this regional
center.
The contract will provide personnel funds for 3.5 full-time staff members, one full-time
temporary clerk for twelve weeks, costs for use of the computedzed lending network,
supplies, equipment maintenance, printing, postage, telephone and travel. In addition, the
City will receive $10,457 in direct costs, which is calculated at 13.87% of direct salaries.
No funding is required or requested from the City. The grant period is for September 1,
2000 through August 31, 2001.
REQUIRED COUNCIL ACTION:
Contracts in excess of $15,000 and appropriation of funds require City Council Approval·
157
h:~lib-difianne\wordXstls~3am82499 I 08/24;00 2:20 PM
RECOMMENDATION:
Staff reconunends acceptance of grant and appropriation of funds.
Herbert G. Canales
Director of Libraries
h:~lib<lir~anne\word~stisxJam82499 2 08/24/00 2:20 PM
158
ORDINANCE
APPROPRIATING $137,514 FROM THE TEXAS STATE LIBRARY AND
ARCHIVES COMMISSION FOR OPERATING THE INTERLIBRARY
LOAN CENTER BY THE SOUTH TEXAS LIBRARY SYSTEM,
ADMINISTERED BY THE CORPUS CHR/STI PUBLIC LIBRARY, IN THE
FEDERAL/STATE GRANTS FUND NO. 1050; AND DECLARING AN
EMERGENCY.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI:
SECTION 1. That $137,514 is appropriated from the Texas State Library and Archives
Commission for operating the Interlibrary Loan Center by the South Texas Library System,
administered by the Corpus Christi Public Library, in the Federal/State Grants Fund No. 1050.
SECTION 2. 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 efficiem and effective administration of City affairs and (2) suspends the Charter
rule that requires consideration of and voting upon ordinances at two regular meetings so that this
ordinance is passed and takes effect upon first reading as an emergency measure this the __
day of ,2000.
ATTEST:
THE CITY OF CORPUS CHRISTI
Annando Chapa, City Secretary
Samuel L. Neal, Jr., Mayor
APPROVED .yd ~-~', 2000
James 1~ ,.Bray, Jr. ~
City Attorney
By:
Lisa ~A~ilar~p~
Assistant City Attorney
H:kLEG-DIR~VERONICAXLISA\ORD2\ORD2,200
159
AGENDA MEMORANDUM
· DATE: August 29, 2000
SUBJECT: South Texas Library System
Technical Assistance Negotiated Grant for state fiscal year 2000-01
AGENDA ITEMS:
a) Motion authorizing the City Manager or his designee to accept a grant in the amount
of $61,385 and to execute a contract and all related documents with the Texas State
Library and Archives Commission for the continued operation of the Technical
Assistance Negotiated Grant Program administered by the South Texas Library
System, which is located at Corpus Christi Public Library, for the state fiscal year
2000-01.
b)
Ordinance appropriating $61,385 from the Texas State Library and Archives
Commission for technical assistance to the South Texas Libtroy System, administered
by the Corpus Christi Public Libraxy, in the Federal/State Grants Fund No. 1050.
ISSUE:
The Texas State Library and Archives Commission designates and funds ten regional
library systems in Texas each fiscal year. Corpus Christi Public Library has been the
Major Resource Center for South Texas Library System since 1971-72 and continues to
be s6 designated in state fiscal year 2000-01. Each regional library system is eligible to
apply for a Technical Assistance Negotiated Grant to aid public library staff in using and
maintaining information resource technology.
South Texas Library System provides supplementary services to its fifty-one member
libraries in a twenty-six county area of South Texas. The Technical Assistance
Negotiated Grant will provide technology support and training to those fifty-one member
libraries including Corpus Christi Public Library, which is a fully participating member
as well as the administrative headquarters for South Texas Library System.
The contract will provide personnel funds for one full time staff member and associated
costs for Telecommtmications equipment, professional services, travel and supplies. The
City will be reimbursed $3,480 for administering this grant; this indirect cost recovery is
calculated at 13.87% of salaries. No funding will be required or requested from the City.
The grant period is for September 1, 2000 through August 31, 2001.
h:~liMirXsylvia\word~stlsx3am82400 I 08/24/00 2:16 PM
REQUIRED COUNCIL ACTION:
Contracts in excess of $15,000 and appropriation of funds require CiuJ Council Approval.
RECOMMENDATION:
Staff recommends acceptance of grant and appropriation of funds.
Herbert G. Canales
Director of Libraries
h:~liMir~ylvia\word~stlsx3am82400 2 08/24/00 2:16 PM
162
ORDINANCE
APPROPRIATING $61,385 FROM THE TEXAS STATE LIBRARY AND
ARCHIVES COMMISSION FOR TECHNICAL ASSISTANCE TO THE
SOUTH TEXAS LIBRARY SYSTEM, ADMINISTERED BY THE CORPUS
CHRISTI PUBLIC LIBRARY, IN THE FEDERAL/STATE GRANTS FUND
NO. 1050; AND DECLARING AN EMERGENCY.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI:
SECTION 1. That $61,385 is appropriated from the Texas State Library and Archives Commission
for technical assistance to the South Texas Library System, administered by the Corpus Christi
Public Library, in the Federal/State Grants Fund No. 1050.
SECTION 2. That upon written request of the Mayor or five Council members, copy attached.
the City Council (I) 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 that requires consideration of and voting upon ordinances at two regular meetings so that this
ordinance is passed and takes effect upon first reading as an emergency measure this the __
day of ,2000.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa, City Secretary
Samuel L. Neal, Jr., Mayor
City. Attorney
By:
~ ~/~'~
Lisa Aguilar
Assistant City Attorney
,2000
H:'LEG-DIR~VERONICA~LISA!ORD2~,ORD2.201
163
AGENDA MEMORANDUM
· DATE: August 29, 2000
SUBJECT: South Texas Library System
Grant for state fiscal year 2000-01
AGENDA ITEMS:
a) Motion authorizing the City Manger or his designee to accept a grant in the mount
of $764,420 and to execute a conWact and all related documents with the Texas State
Library and Archives Commission for the continued operation of the South Texas
Library System located at Corpus Christi Public Library for the state fiscal year 2000-
01.
b) Ordinance appropriating $764,420 from the Texas State Library and Archives
Commission to operate the South Texas Library System. Administered by the Corpus
Christi Public Library, in the Federal/State Grants Fund No. 1050·
ISSUE:
The Texas State Library and Archives Commission designates and funds ten regional
library systems in Texas each fiscal year. Corpus Christi Public Library has been the
Major Resource Center for South Texas Library System since 1971-72 and continues to
be so designated in state fiscal year 2000-01.
The purpose of the South Texas Library System (STLS) is to provide supplementary and
auxiliary services to its fifty-one member libraries in a twenty-six county area of South
Texas. Corpus Christi Public Library is both administrative headqtmrters for STLS and a
fully participating member of STLS. The plan of service and budget are developed in
consultation with the following: member library representatives, a council of six laymen,
the Director of Corpus Christi Public Libraries, and the Texas State Library and Archives
Commission. Current programs which will be continued are: Administration,
Consulting, Continuing Education, Public Relations, Reference Backup, Adult Literacy,
Networked Resources, Collection Development, Read for Your Life, and Technological
Support.
The contract provides personnel funds for eight full time staff members. Corpus Christi
Public Library will receive $15,000 for books, and the City will be reimbursed $38,218
for administering the program; this indirect cost recovery is calculated at 13.87% of
salaries. No funding will be required or requested from the City. The grant period is for
September 1, 2000 through August 31, 2001.
h:~lib-dir~sylviastls~an082400 1165 08/24/00 2:12 PM
REQUIRED COUNCIL ACTION:
Contracts in excess of $15,000 and appropriation of funds require City Council Approval.
RECOMMENDATION:
Staff recommends acceptance ofFant and appropriation of funds.
Herbert G. Canales
Director of Libraries
h:~dib-dit~sylvias~s~am082400 2 08/24100 2:12 PM
ORDINANCE
APPROPRIATING $764,420 FROM THE TEXAS STATE LIBRARY AND
ARCHIVES COMMISSION TO OPERATE THE SOUTH TEXAS LIBRARY
SYSTEM, ADMINISTERED BY THE CORPUS CHRISTI PUBLIC
LIBRARY, IN THE FEDERAL/STATE GRANTS FUND NO. 1050; AND
DECLARING AN EMERGENCY.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI:
SECTION 1. That $764,420 is appropriated from the Texas State Library and Archives
Comnaission to operate the South Texas Library System, administered by the Corpus Christi Public
Library, in the Federal/State Grants Fund No. 1050.
SECTION 2. 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 that requires consideration of and voting upon ordinances at two regular meetings so that this
ordinance is passed and takes effect upon first reading as an emergency measure this the __
day of ,2000.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa, City Secretary
Samuel L. Neal, Jr., Mayor
APPROVED .~ 24-. 2000
James R. Bray, Jr.
City AttoFney
By:
Lisa~;;~!ar/~4~
Assistant City Attorney
167
AGENDA MEMORANDUM
DATE: August 22, 2000
SUBJECT: Site Security Improvements and Enhancements at Choke Canyon Dam
AGENDAITEM:
Motion authorizing the City Manager, or his designee, to sign a grant agreement with
the United States Department of the Intedor Bureau of Reclamation in the amount
of $205,065 for site security improvements and enhancements at Choke Canyon
Dam.
Ordinance appropriating $205,065 from the United States Department of the Intedor
Bureau of Reclamation for Site Secudty Improvements and Enhancements at
Choke Canyon Dam in the Inter-Governmental Fund No. 1050, amending FY 00-01
budget adopted by Ordinance No. 024130, to increase appropriations by $205,065
in the No. 1050 Fund for site specific secudty improvements.
.ISSUE: The Bureau of Reclamation has initiated a program to improve security at the
nations' reservoirs. Council action is required to implement the security enhancements.
FUNDING: Funds for this project will be provided through the Cooperative Agreement with
the Bureau of Reclamation in the FY 2000 - 2001 Operating Budget.
RECOMMENDATION: Staff recommends approval of the motion as presented.
Eduardo Gara~a, P. E.
Water Superintendent
Additional Sul~Dort Material:
Exhibit 'A" Background Information
Exhibit "B" Location Map
169
SUBJECT;
AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMATION
Site Security Improvements and Enhancement at Choke Canyon Dam,
(Project 8368)
PRIOR COUNCIL ACTION:
1. July 25. 2000 - Approval of the FY 2000 - 2001 Operating Budget (Ordinance No.
024130 ).
PRIOR ADMINISTRATIVE ACTION:
1. None
BACKGROUND INFORMATION: The Bureau of Reclamation has 378 significant high-
hazard dams and appurtenant facilities and 58 hydroelectric power plants. The hazard
classification is a rating for each dam based on the potential for loss of life and property
damage that dam failure could cause. The classffication is related to the amount of
development downstream of the dam, and not the structural integrity of the facility.
The City of Corpus Chdsti is responsible for the Operation and Maintenance duties of
Choke Canyon Dam and all water rights are held by the City. Oversight of O & M is the
responsibility of the Bureau of Reclamation. A number of Reclamation water and power
facilities are part of the national critical infrastructure, and are considered to be essential
to national security. Execution of this agreement between the City and Reclamation will
provide for security improvements and enhancements to help ensure the safety of the
public and minimize the loss of life and property.
The Department of Labor Bureau of Reclamation will fund the costs of secudty
modifications in an amount of $205,065.00.
PROJECT DESCRIPTION: This project will provide secudty improvements at Choke
Canyon Dam. The work includes secudty fencing, intrusion alarms and motion sensors,
reinforced entrance gates, high secudty locks and security surveillance system.
170
Page 1 of 1
File: \Mproject\councilexhibits\exhB368. dwg
d SI~INS~'T
VICINITY MAP
NOT TO SCALE
CHOKE
CANYON
DAM
I PROJECT SITE '_
City of Corpus Christi
O & M Office
HRISTI
THREE RIVERS
~ ~3~
LOCATION MAP
CiTY PROJECT No. 8366
NOT TO SCALE
Site Security Improvements
and Enhancements at
Choke Canyon Dam
CITY' OF CORPUS CHRIS'rl, TEXAS 171
EXHZBZT "B"
CITY COUNCIL EXHIBIT ~
DEPARTMDV'r OF ENGINES'RING SET(WCES
PAGE: I of 1
DATE: 0B-23-2000 ~
ORDINANCE
APPROPRIATING $205,065 FROM THE UNITED STATES DEPARTMENT
OF INTERIOR BUREAU OF RECLAMATION FOR SITE SECURITY
IMPROVEMENTS AND ENHANCEMENTS AT CHOKE CANYON DAM IN
THE FEDERAL/STATE GRANTS FUND NO. 1050; AND DECLARING AN
EMERGENCY.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI:
SECTION 1. That $205,065 is appropriated from the United States Department of interior Bureau
of Reclamation for site security improvements and enhancements at Choke Canyon Dam in the
Federal/State Grants Fund No. 1050.
SECTION 2. 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 that requires consideration of and voting upon ordinances at two regular meetings so that this
ordinance is passed and takes effect upon first reading as an emergency measure this the __
day of ,2000.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa, City Secretary
Samuel L. Neal, Jr., Mayor
City Attorney
By:
L~a~guila~/~4
Assistant City Attorney
,2000
172
ADM-13.00
United States Department of the Interior
BUREAU OF RECLAMATION
Great Plains Region
P.O. Box 36900
Billings, Montana 59107-6900
Loyd Neat
City of Corpus Christi, Texas
P.O. Box 9277
Corpus Christi, TX 78469
Subject:
Proposed Grant Agreement 00FC601449 for Site Security Improvements and
Enhancements at Choke Canyon Dam.
Dear Mr. Neal:
Enclosed for your review and acceptance is the subject agreement. If the agreement is
acceptable, please complete Block 16 of the assistance agreement Form 7-2277 and the
following documents in the general provisions and return them to this office.
SF-424, Application for Federal Assistance. Additionally, indicate your Dun and
Bradstreet (DNB) number below the EIN number in Block 6 of the SF-424. If you do
not have a DNB number, you can register with DNB for flee by ca/ling:
1 (800) 333-0505.
2. SF424C, Budget Information - Non-Construction Programs (if not provided in
proposal).
-3. SF-424D, Assurances -Non -Construction Programs.
4. DI-2010, Certification Regarding Debarment, Suspension, and Other Responsibility
Matters, Drug-Free Workplace Requirements and Lobbying.
5. ACH Vendor/Miscellaneous Payment Enrollment Form.
If you have any questions regarding the technical aspect of the agreement, please contact
John Gage, Assistance Representative at (405)605-6900. Questions regarding the administration
may be directed to Rae Ottenbreit at (406) 247-7728.
genb eit
Grants and Cooperative Agreements Assistant
Enclosure
173
7-2277 (4/90)
Bureau of Reclamation
UNITED STATES
DEPARTMENT OF THE INTERIOR
BUREAU OF RECLAMATION
ASSISTANCE AGREEMENT
I. AGREEMENT NO. ] 2. TYPE OF AGREEMENT
Grant
00FC601449 X Cooperative Agreement
4. ISSUED BY
Billings MT 591074900
3. REQUISITION NO.
Code GP-3800
City of Corpus Ckristi, Tex~s
P.O. Box 9277
Corpus Ch'isti, TX 78469
6. NAME. ADDRESS, AND PHONE NO. OF ASSISTANCE
REPRF.~ENTATIVE John Gage
Oldahoma-Tex~s ~ Office Site Seemiv] Coordinator
Bureau of Reclamation
4149 Highlin~ BIrd. Suite 200
Oklahoma City, OK 73108
(405) 6054900
8. PROGRAM STATUTORY AUTHORITY
Reclamation Act of Julle 17, 1902, as amended and supplemented, and
die Watef Law .Enforcement Act, Pubfie Law 98-552, (42 USC 1962d-
19) of October 30, 1984
7. NAMK ADDRESS, AND PHONE NO. OF RECIPIENTS PROJECT
MANAGER
Mr. Norman Kuemtler, Reservoh' Superintendent
Choice Canyon Dam, P.O. Box 1043
9. CLA~S OF RECIPIENT
Corporation organized and ~s~ng p~u~t w ~e la~ of ~ Smm of
TaE
10. EFFECTIVE DATE
Sg Block 16
12, TOTAL AMOUNT
OF AGRI~MI~'qT $ 205,065.00
AMOUNT OF FUNDS $ 205.065.00 (Reclamation)
AND SERVICES S 0 (Non-Federal)
I1. COMPLETION DATE
Seplember 30, 2001
13. ACCOUNTING AND APPROPRIATION DATA
A40-1844-6001-RMA-00-4-5-255F-6HI0000
14. PROJECTTIYLE
Sire Specific Security Improvements and Enlmacements
15. Acceptance of..diis ASsistance Agxeement in accordance widi die terms
and conditions contained heroin is he~by made on behalfoE
City of Cowus Chxisli, T,xas
NAME OF RECIPIENT
16. Acceptance of this Assistance Ags~mem in accordance widi the terms and
conditions contain~ h~ein is he~,by made on behalf of die United States of
America, Bureau of R~elama~on:
BY
SIGNATURE DATE
BY
SIGNATURE DATE
Lovd Neal,
TYPED NAME
TITLE Mayor
Telephone No. ( 512 ) 880-3000
TrrLE Granls and Am~eements Officer
Telephone No. ( 406 ) 2474818
174
CITY COUNCIl,
AGENDA MEMORANDUM
Date: August 25, 2000
AGENDA ITEM: Motion approving Interlocal Agreement with the Coastal Bend Council of
Governments for E9-1-1 Service, PSAP Equipment and Addressing/Addressing Maintenance
ISSUE: The 1999 Legislature, in amending Chapter 771 of the Texas Health and Safety Code on
emergency communications, required the State Commission on Emergency Communications to
develop contracts for the use of regional planning commissions and local operators of public
safety answering points (Corpus Christi is a local operator). The contract developed by the
Commission addresses use of funds, equipment, maintenance, compliance with grant standards,
maintenance of records, security, training, operations, and procurement. The agreement is for
one year and is automatically renewable each September 1 unless canoeled by either party. Our
agreement specifically provides that it is subject to our pending lawsuit aga'mat the Commission.
RECOMMENDATION: Staff recommends approval of the motion.
0JRB0500.069
175
INTERLOCAL AGREEMENT FOR E9-1-1 SERVICE, PSAP
EQUIPMENT AND ADDRESSING/ADDRESSING MAINTENANCE
Article
1.1
1.2
1.3
1.4
1.5
1: Parties & Purpose
The Coastal Bend Council of Governments (CBCOG) is a regional
planning commission and political subdivision of the State of Texas
organized and operating under the Texas Regional Planning Act of 1965,
as amended, chapter 391 of the Local Government Code. CBCOG has
developed a Strategic Plan (Plan) to establish and maintain 9-1-1
emergency telephone service in State Planning Region 20, and the
Commission on State Emergency Communications (CSEC) has approved
its current Plan.
The City of Corpus Christi is a local government that operates one or more
Public Safety Answering Points (PSAPs) that assist in implementing the
Plan as authodzed by Chapter 771 of the Health and Safety Code.
N/A is a local government that is
authorized to perform addressing and/or addressing maintenance
activities under the County Road and Bridge Act.
This contract is entered into between CBCOG and Local Government
under Chapter 791 of the Government Code so that Local Government
can participate in the enhanced 9-1-1 emergency telephone system in the
region, and perform addressing and/or addressing maintenance activities.
The Commission on State Emergency Communications (CSEC, or
Commission), as authodzed by the Health & Safety Code, Chapter 771, is
the oversight and funding authority for regional councils implementing 9-1-
1 and addressing/addressing maintenance services through local
governments.
A/tide 2: Stipulations
As required by the Contract For 9-1-1 Services that has been executed between
the CBCOG and the CSEC, the CBCOG shall execute memorandums of
understanding between itself and its member local governments and/or PSAPs
relating to the planning, development, operation, and provision of 9-1-1 service,
the use of 9-1-1 funds and adherence to applicable law. At a minimum, the
parties of this contract agree:
2.1
To comply with applicable provisions of the state's Uniform Grant
Management Standards (UGMS);
176
2.2 That the CBCOG may withhold, decrease, or seek reimbursement of 9-1-1
funds in the event that those 9-1-1 funds were used in noncompliance with
applicable law and/or CSEC Rules;
2.3 That local governments and PSAPs shall return or reimburse the CBCOG
and/or the Commission, as applicable, any 9-1-1 funds used in
noncompliance with applicable law.
2.4 That such return or reimbursement of 9-1-1 funds to the CBCOG and/or
the Commission, as applicable, shall be made by the local government or
PSAP within 60 days a~er demand by the CBCOG, unless an alternative
repayment plan is approved by the CBCOG and then submitted to the
Commission for approval;
2.5 To comply with the Uniform Grant Management Standards (UGMS) and
applicable taw in regards to the ownership, transfer of ownership, and/or
control of equipment acquired with 9-1-1 funds; in connection with the
provisions of 9-1-1 service (9-1-1 equipment);
2.6 To maintain a current inventory of all 9-1-1 equipment consistent with
Uniform Grant Management Standards (UGMS), and applicable law;
2.7 To reimburse the CBCOG and/or Commission for damage to 9-1-1
equipment caused by intentional misconduct, abuse, misuse or negligence
by PSAP employees; though this provision shall not include ordinary wear
and tear or ordinary day to day use of equipment;
2.8 That the CBCOG and local governments and/or PSAPs will maintain
accurate fiscal records and supporting documentation of all 9-1-1 funds
distributed to such local governments and PSAPs and all 9-1-1 funds
spent by such local governments and PSAPs for 9-1-1 service, with
specific detail for 9-1-1 funds received or spent relating to addressing or
addressing maintenance activities, and consistent with Uniform Grant
Management Standards (UGMS) and applicable law and as approved in
the CBCOG's current strategic plan;
2.9 That the Commission or its duly authorized representative shall have
access to and the right to examine all books, accounts, records, files,
and/or other papers, or property pertaining to the 9-1-1 service, belonging
to or in use by the local government, the PSAP, or by any other entity that
has performed or will perform addressing or addressing maintenance
activities;
2.10 To recognize that the Commission reserves the right to perform on-site
monitoring of the CBCOG and/or its performing local governments or
Public Safety Answering Points (PSAPs) for compliance with applicable
law, and the CBCOG and local government agrees to cooperate fully with
such on-site monitoring;
2.11 To provide a commitment by the CBCOG, the local government, or PSAP,
as applicable, to continue addressing and address maintenance activities
in accordance with the approved Plan (including any apprcved
amendments) as a condition of the receipt of 9-1-1 funds as prescribed by
the CBCOG Strategic Plan.
Intedocal Agreementcc.doc
August 23, 2000
177
Article 3: Program Deliverables - 9-1-1 & Addressing Equipment & Data
Local government agrees to comply with all applicable law, CSEC Rules and
CBCOG policies in providing the following deliverables to this contract. To the
extent that CBCOG policies are not consistent with applicable law, the applicable
law will prevail.
Ownership, Transference & Disposition
3.1
3.2
The CBCOG shall establish ownership of all property and equipment
located within the Local Government's jurisdiction. The CBCOG may
maintain ownership, or it may agree to transfer ownership to the Local
Government. Before any such transfer of ownership, the CBCOG should
evaluate the adequacy of controls of the prospective receiver to ensure
that sufficient controls and security exist by which to protect and safeguard
the equipment purchased with 9-1-1 funds for the purpose of delivery of 9-
1-1 calls.
Equipment shall be categorized by type, according to CSEC Rule 251.6,
Guidelines for Strategic Plans, Amendments, and Equalization Surcharge
Allocation. The basic equipment categories shall be:
a. 9-1-1 Equipment
i. Customer Premise Equipment (CPE) - telephone
equipment located at the PSAPs which may include
telephones, integrated workstations, servers, ANI
controllers, and any other equipment necessary for 9-1-1
call delivery to the PSAP;
ii. Telecommunications Device for the Deaf (TDD)
b. Addressing Equipment
i. Computers - hardware and software
ii. Digitizers, Printers and Plotters
iii. Road Sign Machines and Materials
iv. GPS Receivers and software
v. Distance Measuring Devices (DMD)
vi. GIS Workstations and software
c. Ancillary Equipment
i. Uninteruptible Power Supply (UPS)
ii. Generators
iii. Recorders
iv. Pagers
v. External Ringers
3.3
Ownership and Transfer-of-ownership documents shall be prepared by the
CBCOG and signed by both parties upon establishing ownership, or
transference of ownership of any such equipment, in accordance with
UGMS and the State Comptroller of Public Accounts.
Intedocal Agreementcc.doc
3
178
August 23, 2000
3.4 The owner of the equipment shall provide adequate insurance policies on
such equipment to provide for the replacement of the equipment in cases
of loss where applicable.
3.5 Custodial responsibility forms should be prepared and assigned to
employees. Responsibilities over property and equipment should be
properly segregated among employees.
3.6 Upon disposition of equipment due to obsolescence, failure, or other
planned replacement, transfer documents and Capital Recovery Asset
Disposal Notices (as required by CSEC Rule 251.5) shall be prepared by
CBCOG in accordance with UGMS and the State Comptroller of Public
Accounts.
Inventory
3.7 The owner of the equipment shall maintain property records, reconciled to
the entity's general ledger account at least once per year, in accordance
with CSEC Rule 251.5, Guidelines for 9-1-1 Equipment Management,
Disposition and Capital Recovery, UGMS, and the State Property
Accounting Policy and Procedures Manual.
3.8 The owner of the equipment, or the party to whom responsibility is
assigned, shall cooperate with the CBCOG to provide inventory
information for the Annual Certification of 9-1-1 Program Assets, as
required by CSEC Rules 251.5, Guidelines for 9-1-1 Equipment
Management, Disposition and Capita/Recovery.
3.9 All property and equipment should be tagged with identification labels.
3.10 A physical inventory shall be conducted at least once per year, for
submission and review by CBCOG.
3.11 Any lost or stolen equipment shall be reported to the CBCOG as soon as
possible, and shall be duly investigated by Local Government and
CBCOG immediately.
Security
3.12 Protect the 9-1-1 equipment and secure the premises of its PSAPs against
unauthorized entrance or use.
3.13 Operate within standard procedures, as established by CBCOG, and take
apprepdate secudty measures as may be necessary, to ensure that non-
CSEC-approved third-party software applications cannot be integrated into
the PSAP Customer Premise Equipment/Integrated Workstations, or
Addressing/Addressing Maintenance computers, as outlined in CSEC
Rule 251.7, Guidelines for Implementing Integrated Services.
3.14 Adhere to Health & Safety Code, Section 771,061, Confidentiality of
Information, in maintaining 9-1-1 and Addressing databases.
Intedocal Agreementcc.doc
4 August 23, 2000
179
Maintenance
3.12 Practice preventive maintenance.
3.15 Upgrade its 9-1-1 and/or Addressing equipment and software, as
authorized in the current Plan, by requesting CBCOG to purchase on its
behalf new equipment and/or software.
3.16 In instances of damage to any equipment purchased with 9-1-1 funds due
to intentional misconduct, abuse, misuse or negligence by Local
Government employees, Local Government agrees to reimburse CBCOG
for the cost of replacing and/or repairing said equipment.
Supplies
3.17
Purchase supplies necessary for the continuous operation of its 9-1-1
CPE, Addressing and Ancillary equipment, as outlined in the apprcved
CBCOG Strategic Plan, and in compliance with proper procurement
procedures.
Training
3.18 Provide calltakers and/or dispatchers access to emergency
communications training as approved in the strategic plan, or as
determined by the local government.
3.19 Notify CBCOG of any new 9-1-1 calltakers/dispatchers and schedule for
training as soon as is possible. If Local Government chooses to train its
own personnel, the Local Government must certify in wdting to the
CBCOG that the 9-1-1 calltaker/dispatcher has been trained.
Operations
3.20 Designate a PSAP Supervisor and provide related contact information as
a single point of contact for CBCOG.
3.21 Coordinate with CBCOG and local elected officials in the planning for,
implementation and operation of, all 9-1-1 equipment.
3.22 Monitor the 9-1-1 calltakers and equipment and report any failures or
maintenance issues immediately to the appropriate telco and CBCOG.
3.23 Keep a log of all trouble reports and make copies available to CBCOG as
needed.
3.24 Notify CBCOG of any and all major service-affecting issues or issues
needing escalation within a service provider's organization.
3.25 Test all 9-1-1 and Ancillary equipment for proper operation and user
familiarity at least once per month. Testing should include 9-1-1 test calls,
placed from a wireline and wireless telephone, for basic call scenarios,
including at a minimum:
a. 9-1-1 Call voice, ANI/ALI verffication, instant playback
recording (if applicable), printer;
Intedocal Agreementcc.doc
5 August 23, 2000
180
b. Call transfer
c. Abandoned Call;
d. TDD Call;
e. ANI Call Back;
f. Administrative Call
g. Ancillary equipment functionality
3.26 Test all 9-1-1 Telecommunications Devices for the Deaf (TDD) for proper
operation and to maintain user familiarity at least once per month.
3.27 Log all TDD calls, as required by the Americans with Disabilities Act of
1990, and submit copies of the logs to the CBCOG on an as-needed
basis.
3.28 Limit access to all 9-1-1 equipment and related data only to authorized
public safety personnel. Notify CBCOG of any and all requests for such
data, pdor to release of any 9-1-1 data.
3.29 Make no changes to 9-1-1 equipment, soflware or programs without prior
written consent from CBCOG.
Performance Monitoring
3.30
Local Government agrees to fully cooperate with prior notice to all
monitoring requests from CBCOG and/or Commission for the purposes of
assessing and evaluating Local Govemment's performance of the
deliverables specified in this contract, and as outlined in Performance
Measures attached.
Article 4: Procurement
4.1 The CBCOG agrees to serve as Local Government's agent and purchase
on Local Government's behalf the 9-1-1 and/or Addressing equipment,
software, services, and other items described in the current strategic plan.
4.2 The CBCOG and the Local Government agree to use competitive
procurement practices and procedures similar to those required by state
law for cities or counties, as well as CSEC Rule 251.8, Guidelines for the
Procurement of Equipment and Services with 9-1-1 Funds.
Article 5: Addressing & Addressing Maintenance
If the Local Government is providing the CBCOG with addressing and/or
addressing maintenance services, the Local Government agrees to abide by all
conditions of this contract, with the addition of the following stipulations:
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5.2
5.3
Provide a written commitment to the CBCOG to continue addressing
and/or addressing maintenance activities in accordance with the approved
strategic plan as a condition of the receipt of 9-1-1 funds as prescribed by
the CBCOG strategic plan.
Adopt addressing and/or addressing maintenance standards, a property
numbering method, and designate an addressing maintenance body.
Provide, through attachment to this contract, specific
addressing/addressing maintenance budget, as approved in the current
strategic plan, and performance measures and any due dates associated
with such plans and/or measures.
Addressing Project Deliverables
Local Government agrees to provide and maintain addressing and/or addressing
maintenance functions in return for funding through CBCOG and CSEC. At a
minimum, Local Government agrees to perform the following tasks:
5.4 Appoint a 9-1-1 Addressing Coordinator to serve as a single point of
contact for CBCOG.
5.5 Coordinate addressing activities within the Local Govemment's jurisdiction
to develop and enhance the addressing project.
5.6 Assign street addresses and ranges, name streets and resolve addressing
conflicts and problems.
5.7 Provide an address to any citizen requesting a physical address.
5.8 Establish efficient procedures for updating and maintaining all addressing
data through review and revisions due to changes in Local Government
ordinances and/or subdivision regulations.
5.9 Seek information regarding any actions appmved by Local Governmental
bodies as they relate to the development and improvement of emergency
services delivery. Communicate related information to CBCOG.
5.'10 Collect and deliver existing addressing information in the county to
CBCOG in the format requested and approved by the CBCOG. CBCOG
will collect, house and maintain all addressing data and information
provided by Local Governments.
5.11 Verify and certify all addressing database information for accuracy.
5.~2 Provide CBCOG addressing and Master Street Address Guide (MSAG)
changes according to established performance measures.
5.13 Establish and implement procedures to keep the public informed of the
addressing activities.
5.14 Maintain addressing equipment and data as prescdbed in Article 3,
Program Deliverables - 9-1-1 & Addressing Equipment & Data (above).
5.15 Adhere to Health & Safety Code, Section 771.061, Con~dentiality of
Information, in maintaining 9-1-1 and Addressing databases (Article 3.12
above).
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182
5.16 Adhere to proper procurement procedures as referenced in Article 4
(above), and as stipulated in CSEC Rule 251.3, Guidelines for Addressing
Funds.
5.17 Local Govemment may request reimbursement for expenditures from
CBCOG in conformance with the addressing/addressing maintenance
budget attachment to this contract, and with the approved strategic plan,
5.18 Local Government agrees to fully cooperate with prior notice to all
monitoring requ, ests from CBCOG and/or Commission for the purposes of
assessing and evaluating Local Govemment's performance of the
addressing and/or addressing maintenance deliverables specified in this
contract, and as outlined in Performance Measures attached.
Article 6: Addressing/Vendor Contract Administration
Addressing/Vendor Contract Administration
6.1
The Local Government may enter into contracts for services, such as
addressing and/or addressing maintenance, with independent contractors.
Article 7: Financial
As authorized in Chapter 771 of the Texas Health & Safety Code, Sections
771.055, 771.056, 771.071,771.072 and 771.075:
7.1 Each regional planning commission shall develop a plan to meet Local
Government needs for the establishment and operation of 9-1-1 service
throughout the region served, according to standards established by the
CSEC, and reviewed and approved or disapproved by the CSEC.
7.2 The provisioning of 9-1-1 service throughout the region shall be funded by
emergency service fees and/or equalization surcharge, based upon
priority and need, as established and provided by the CSEC, through the
regional councils.
7.3 Allowable and disallowable expenditures shall be determined by the rules,
policies and procedures as established by the CSEC, and as provided for
the Local Government in the CBCOG's approved strategic plan.
7.4 If applicable, CBCOG will reimburse Local Government for allowable
addressing costs, established in the strategic plan approved by the CSEC,
and outlined in the associated Addressing/Addressing Maintenance
Contract.
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Article
8.1
Article
9.1
8: Records
Local Government agrees to maintain records as required by the state
law.
9: Nondiscrimination and Equal Opportunity
Local Government shall not exclude anyone from participating under this
contract, deny anyone benefits under this contract, or otherwise unlawfully
discriminate against anyone in carrying out this contract because of race,
color, religion, sex, age, disability, handicap, or national origin.
Article 10: Dispute Resolution
10.1 The parties desire to resolve disputes arising under this contract without
litigation. Accordingly, if a dispute arises, the parties agree to attempt in
good faith to resolve the dispute between themselves. To this end, the
parties agree not to sue one another, except to enforce compliance with
paragraphs 10.1 - 10,4, until they have exhausted the procedures set out
in these paragraphs.
10.2 At the written request of either party, each party shall appoint one non-
lawyer representative to negotiate informally and in good faith to resolve
any dispute arising under this contract. The representatives appointed
shall determine the location, format, frequency, and duration of the
negotiations.
10.3 If the representatives cannot resolve the dispute within 30 calendar days
after the first negotiation meeting, the parties agree to refer the dispute to
a mutually designated legal mediator. Each party shall pay half the cost of
the mediation services.
10.4 The parties agree to continue performing their duties under this contract,
which are unaffected by the dispute, dudng the negotiation and mediation
process
Article I 1: Suspension for Unavailability of Funds
11'.1
Local Government acknowledges that CBCOG's sole source of funding for
this contract are the 9-1-1 fees collected by service providers, remitted to
the CSEC and distributed on a quarterly basis to the CBCOG by the
CSEC. If fees sufficient to pay Local Government under this contract are
not paid to CBCOG, or if the CSEC does not authorize CBCOG to use the
fees to pay Local Government, CBCOG may suspend payment to Local
Government by giving Local Government notice of the suspension. The
suspension is effective 10 calendar days after Local Government's receipt
of the notice. Upon suspension of payment, Local Govemmenrs
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184
obligations under this contract are also suspended until CBCOG resumes
payment.
Article
12.1
12: Notice to Parties
Notice under this contract must be in writing and received by the party
against whom it is to operate. Notice is received by a party: (1) when it is
delivered to the party personally; (2) on the date shown on the return
receipt if mailed by registered or certffied mail, return receipt requested, to
the party's address specified in paragraph 14.2 and signed on behalf of
the party; or (3) three business days after its deposit in the United States
Mail, with first-class postage affixed, addressed to the party's address
specified in paragraph 12.2.
12.2 CBCOG's address is:
Coastal Bend Council of Governments
P.O. Box 9909
Corpus Christi, TX 78469
Attn: John P. Buckner, Executive Director.
12.3 Local Government's address is:
City of Corpus Chdsti
P.O. Box 9277
Corpus Christi, Texas 78469
Attention: David R. Garcia, City Manager
12.4 A party may change its address by providing notice of the change in
accordance with paragraph 12.1.
Article 13: Effective Date and Term of Contract
13.1
This contract takes effect when signed on behalf of CBCOG and Local
Government, and is automatically renewed on September I of each
subsequent year unless cancelled or revoked by either party.
Article 14: Miscellaneous
14.1 Each individual signing this contract on behalf of a party warrants that he
or she is legally authorized to do so and that the party is legally authorized
to perform the obligations undertaken.
14.2 This contract states the entire agreement of the parties, and an
amendment to it is not effective unless in writing and signed by all parties.
14.3 The following Attachments are part of this contract:
a. Contract For 9-1-1 Services as executed between CBCOG and
CSEC;
b. CBCOG Policy and Procedures Manual (if available);
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185
c. Ownership Agreement;
d. Transfer of Ownership Agreement;
e. CSEC approved strategic plan for Local Government PSAP
Operations and Addressing;
f. PSAP Equipment & Operations Performance Measures;
g. Addressing/Addressing Maintenance Project Contract & Budget;
h. Addressing Project Performance Measures;
i. CSEC Legislation, Rules, Policies and Procedures.
14.4 This contract is binding on, and to the benefit of, the parties' successors in
interest.
14.5 This contract is executed in duplicate originals.
Article 15: Agreement Subject to Pending Lawsuit
15.1
The parties recognize that there is pending the lawsuit City of Corpus
Ch~sti v. Advisory Commission on State Emergency Communications, et
al, No. 99-02304, 201st Distdct Court, Travis County, Texas (the "Lawsuit")
wherein the City of Corpus Chdsti contends that it is entitled to withdraw,
and has withdrawn, from the regional plan.
15.2
By order dated July 28, 2000, the presiding judge has ruled that Texas
Health and Safety Code Chapter 771 does not permit the City to
unilaterally withdraw from the regional plan. The City has announced that
it will appeal the trial court's determination.
15.3
All undertakings of the City of Corpus Chdsti in this Agreement are
expressly subject to the final determination of the Lawsuit as to the right of
the City to withdraw from the regional plan. This Agreement shall
terminate immediately upon a final determination in the Lawsuit that the
City is entitled to withdraw from the regional plan.
CITY OF CORPUS CHRISTI
COASTAL BEND
COUNCIL OFGOVERNMENTS
By'
By:
Title:City Manager
Title: Executive Director
Name:David R. Garcia
Name: John P. Buckner
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186
August 23, 2000
ATTACHMENTS
Attachments to Memorandum of Understanding for E9-1-1 Service, PSAP
Equipment and Addressing/Addressing Maintenance.
The following documents are provided, hereafter, as part of this executed
contract. Changes may not be made to the contract, or amendments to the
contract, without written notice and modification of the original contract.
C.
D.
E.
g.
h.
I.
Contract For 9-1-1 Services as executed between CBCOG and
CSEC;
CBCOG Policy and Procedures Manual (if available);
Ownership Agreement;
Transfer of Ownership Agreement;
CSEC approved strategic plan for Local Government PSAP
Operations and Addressing;
PSAP Equipment & Operations Performance Measures;
Addressing/Addressing Maintenance Project Contract & Budget
Addressing Project Performance Measures.
CSEC Legislation, Rules, Policies and Procedures
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187
Attachment A
Contract For 9-1-'1 Services
Attached is the Contract For 9-1-1 Services as executed between the
CBCOG and the CSEC. MEMORANDUM OF UNDERSTANDING
between the CBCOG's and participating Local Governments, for the
planning development, operation, and provision of 9-1-1 service, the use
of 9-1-1 funds shall be governed by this document.
See attached.
PROVIDED UPON REQUEST
August 23, 2000
Interlocal Agreementcc,doc 13
188
Attachment B
CBCOG Policy and Procedures Manual
See attached for the policies and procedures, as established by the
CBCOG, which shall govern the provisioning of 9-1-1 services within the
regional council's jurisdictions.
N/A at this time
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189
Attachment C
Ownership Agreement
As stipulated is Article 3: Program Deliverables - 9-1-1 & Addressing Equipment
& Data, the CBCOG shall establish ownership of all property and equipment
purchased with 9-1-1 funds, and located within the Local Government's
jurisdiction.
The Coastal Bend Council of Governments, hereby establishes the ownership of
all PSAP (pumhased by CBCOG for 911 purposes with service fee funds and
tagged with COG identification) equipment located at the Corpus Chdsti Police
Department, in Nueces County, to be the property of the Coastal Bend Council of
Governments, herein after referred to as "Owner".
Owner agrees to all the stipulations of this contract, including the safeguarding of
all PSAP equipment through secudty measures, inventory identification, and
fiscal controls.
Owner agrees to provide adequate insurance policies on the equipment to
provide for the replacement of the equipment in cases of loss. (covered under
policy of CBCOG through TML)
Following is an itemized listing of equipment hereby defined as the property of
Owner.
Attach equipment inventory list.
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190
Attachment D
Transfer of Ownership Form
As stipulated in Article 3: Program Deliverables - 9-1-1 & Addressing Equipment
& Data, the CBCOG shall document all transfers of ownership of equipment
between CBCOG and Local Government.
Indicate the appropriate classification:
Transfer Disposition Lost
Please provide the following information in as much detail as possible.
Inventory Number
Property Description
Serial Number
Acquisition Date
Acquisition Cost
Vendor
Invoice Number
Purchase Order Number
Condition of Property
Continued ..........
Current Assignee:
Location:
Signature:
Date:
New Assignee:
Location:
Signature:
Date:
N/A at this time
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191
Augu~23,2000
Attachment D page 2
Transfer of Ownership Form
Action Recommended by:
Title:
Date:
Comments:
Approved:
Proceeds, if any:
Approved by:
Title:
Comptroller
Date:
Yes No
Disposed or Lost Property shall require approval by the agency head.
Reviewed by:
Executive Director (or other appropriate title of agency head)
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192
Augur23,2000
Attachment E
CSEC Approved Strategic Plan
For Local Governmental PSAP Operations & Addressing
Attached are the CSEC-approved Strategic Plan Cost Summary sheets for
Nueces County/Corpus Christi County.
It is important to be aware of the following information when utilizing this data:
Amounts in the "Proposed" column are the currently approved budgetary
amounts for each component.
Line items and associated budgets included in the Strategic Plan are
approved activities. Implementation of these approved activities is govemed
by availability of service fees and equalization surcharge allocations.
Implementation priorities are set, by CSEC rule, as follows: Level I - highest
priority; Level II - high priority; and Level III - least priority.
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193
Attachment F
PSAP Equipment & Operations Performance Measures
And Monitoring
CBCOG personnel will conduct site visits to evaluate condition of equipment,
efficiency of PSAP operations, and compliance with Article 3: Program
Deliverables - 9-1-1 & Addressing Equipment & Data.
Reports
In addition, Local Government will provide CBCOG with monthly performance
reports. These reports will include the following data:
Average Call Duration (in seconds)
Response time - answer call
Response time - emergency services
Total Monthly Calls
Total Wireline Calls
Total Wireless Calls (if available)
Total Abandoned Calls
Total Non-Emergency Calls
Total ANI Failures
Total ALl Failures
Number of 9-1-1 Equipment Malfunctions
Logs
local Governments shall provide, as requested, copies of trouble report logs, a
list of service-affecting issues, Certification of TDD testing, TDD Call Logs as
required by Americans with Disabilities Act of 1990 or submit a letter to CBCOG
explaining why the information cannot be obtained.
Quality Assurance Inspections
At least quarterly, the CBCOG and the PSAP shall conduct inspections of all
CPE and network equipment located at each answering point. Inspections shall
include phone position buttons/labels, trunks, printers, TDDs, UPS battery levels
and alarm logs, audio quality of logging recorders, ANI and ALl displays on each
answering position, accessibility and condition of 9-1-1 equipment, non-CSEC-
approved third party software integrations, and other items as identified by
CBCOG.
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194
Attachment G
Addressing/Addressing Maintenance Project
Project Budget and Scope of Work
Any Local Government providing addressing and/or addressing maintenance
services to the CBCOG, under authorization and funding by CSEC, shall abide
by all conditions as stated in Article 5: Addressing & Addressing Maintenance of
this contract. Further, Local Government agrees to provide the services, as
described in the attached Scope of Work & Budget, and as appmved by CSEC
strategic plan.
See attached.
AVAILABLE AFTER
STRATEGIC PLAN
IS APPROVED
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2O
195
August 23, 2000
Attachment H ~-
Addressing/Addressing Maintenance
Project Performance Measures
CBCOG personnel will conduct site visits as necessary to evaluate condition of
equipment, efficiency of addressing personnel and operations, conduct project
risk assessment, and compliance with Article 5: Addressing & Addressing
Maintenance.
Reports
In addition, Local Govemment will provide CBCOG with quarterly performance
reports. These reports will include the status on the following addressing or
addressing maintenance activities:
Addressing Activities:
· Name/number all roads
· Develop MSAG
· Verify MSAG
· Distribution of Maps to Emergency Service Providers
· Assign Addresses
· Verify Addresses
· Notification of Addresses to Telcos
· Notification of Addresses to Residents
· Notffication of Addresses to USPS
· Installation of Street Signs
· -. Public Education
· Problem Resolution
· Overall percentage complete
Maintenance Activities to be Reported:
· ' Total rural route addresses submitted to USPS
· Total route conversions to-date
· Total count of rural routes in County
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196
August 23, 2000
Attachment I
CSEC Legislation, Rules, Policies and Procedures
See attached documents, as established by the CSEC, which shall govem
the funding and provisioning of 9-1-1 services within the regional planning
commissions.
AVAILABLE UPON REQUEST
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197
August 23, 2000
AGENDA MEMORANDUM
DATE: Aug. 21, 2000
AGENDA ITEM:
Resolution authorizing the City Manager or his designee, to execute a Mutual Aid
Fire Fighting Assistance Agreement with the Naval Air Station Corpus Christi
and Corpus Christi Fire Department, Corpus Christi, Texas.
Issue: The approval of a mutual aid agreement will augment the fire protection
and emergency medical services available for our respective areas.
Financial Commitment Required of the City: None, all services performed
under this agreement shall be rendered without reimbursement of either party
except that the City shall be entitled to seek reimbursement for additional fire
fighting cost over and above normal operating costs.
Background: The City has had a mutual aid agreement with the Naval Air
Station since 1970. The proposed agreement will be in effect until cancelled by
mutual agreement by both parties. Upon a request for fire fighting or EMS
assistance, an immediate determination will be made if apparatus and personnel
can be spared in response to the request.
Recommendation: Staff recommends Council approval of
Agreement with the Naval Air Station Corpus Christi for
emergency medical services.
the Mutual Aid
fire fighting and
Attachment:
Mutual Aid Agreement
199
RESOLUTION
AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE
A MUTUAL AID FIRE FIGHTING ASSISTANCE AGREEMENT BETWEEN
NAVAL AIR STATION CORPUS CHRISTI AND CORPUS CHRISTI FIRE
DEPARTMENT, CORPUS CHRISTI, TEXAS
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. The City Manager or his designee is authorized to execute a Mutual Aid
Fire Fighting Assistance Agreement between Naval Air Station Corpus Christi and
Corpus Christi Fire Department, Corpus Christi, Texas.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVEO:/Y/'Xdayof
Samuel L. Neal, Jr.
Mayor
,2000.
James R. Bray Jr.
iy..tyAttorney/
~r~tg City Atto rey~
R01 I07A1 WPD
200
MUTUAL AID FIRE FIGHTING ASSISTANCE AGREEMENT
BETWEEN
NAVAL AIR'STATION CORPUS CHRISTI
&
CORPUS CHRISTI FIRE DEPARTMENT
CORPUS CHRISTI, TEXAS
THIS AGREEMENT, made and entered into by and between the Corpus Christi Fire Deparnnent,
and the Commanding Officer, Naval Air Station, Corpus Christi, Texas.
WITNESSETH:
Vvl-IEREAS, each of the parties hereto maintains equipment and personnel for the suppression of fire
and provision of emergency medical services within its own area, and
WHEREAS, the parties hereto desire to augment the fire protection/emergency medical services
available in their respective areas, and
WHEREAS, the lands or districts of the parties hereto are adjacent or contiguous so that mutual
assistance in a fire/medical emergency is deemed feasible, and
WHEREAS, it is the policy of the Navy Department and the Corpus Christi Fire Department to
conclude such agreements, and
WHEREAS, it is mutually deemed sound, desirable, practicable, and beneficial for the parties to this
agreement to render assistance to one another per these terms;
THEREFORE BE IT AGREED THAT:
' I. The rendering of assistance under the terms of this agreement shall be accomplished in
accordance with detailed plans and procedures of operation drawn and agreed to by the technical heads of
the Fire Departments involved.
2. Whenever it is deemed advisable by the senior officer of a fire deparanent belonging to a party to
this agreement, or by the senior officer of such fire department actually present at a fire or emergency
medical incident, to request fire fighting/emergency medical assistance under the terms of this agreement,
he/she is authorized to do so, and the senior officer on duty of the fire department receiving the request
shall forthwith take the following action:
a. Immediately determine if the requested apparatus and personnel are available to respond to
the call.
b. Per the terms of this agreement, forthwith dispatch such apparatus and personnel as in the
judgment of the senior officer receiving the call should be sent, with inslruction as to their
mission.
201
3. The rendering of assistance under the terms of this agreement shall not be mandatory, but the
party receiving the request for assistance shall immediately inform the requesting service if assistance
cannot be rendered.
4. The pa~ies hereto waive all claims against every other party for compensation for any loss,
damage, personal injury, or death occurring in consequence of the performance of this agreement.
5. All services performed under this agreement shall be rendered without reimbursement of either
party or parties, except that the Corpus Christi Fire Department shall be entitled to seek reimbursement
pursuant to action 11 of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2210) and Federal
regulations issued thereunder (Title 44 of the Code of Federal Regulations 151 ) for all or any par~ of direct
expenses and losses (additional fire fighting cost over and above normal operating costs) incurred in
fighting f'tre on property under the jurisdiction of the United States.
6. The senior officer of the fire department of the requesting service shall assume full charge of the
operations. However, under procedures ageed to by the technical heads of the fire departments involve& a
senior officer of the department furnishing the assistance may assume responsibility for the coordination of
that phase of the operation.
7, The various officers and personnel of the department of the parties to this agreement are invited
and encouraged, on a reciprocal basis, to frequently visit each other's activities for guided familiariantion
tours consistent with local security requirements and, as feasible, to jointly conduct pre-fire planning
inspections, drills and training.
8. This agreement shall become effective upon the date hereof and shall remain in full force and
effect until canoeled by mutual agreement of the parties hereto or by written notice by one party to the other
party with thirty (30) days notice of said cancellation.
IN WITNESS WHEREOF, the parties hereto have executed this agreeraent at Naval Air Station,
Corpus Christi, Texas on the day and year first below wriRen.
Executed in presence of.'
R. L. MARCANTONIO
Captain, USN, Commanding Officer
Naval Air Station, Corpus Christi, Texas
(Acting/')~
J T. ZESELKA
Date
City of Corpus Christi Fire Chief
202
CITY COUNCIL
AGENDA MEMORANDUM
August 24. 2000
AGENDA ITEM: Resolution approving the dissolution o~ the Corpus Chdsti Health
Facilities Development Corporation.
ISSUE: .The Corpus Christi Health Facilities Development Corporation, at their
meeting of August 22, approved articles of dissolution which would terminate the
Corporation.
Under the Health Facilities Development Corporations Act, the governing entity,
which is the Creating body of the corporation, must also approve the dissolution of
the corporation - in this case, the City of Corpus Christi.
RECOMMENDATION: We recommend that the City Council, by resolution, approve
the dissolution of the Corpus Christi Health Facilities Development Corporation.
W. Thomas Utter
Assistant City Manager
203
RESOLUTION
APPROVING THE DISSOLUTION OF THE CORPUS CHRISTI
HEALTH FACILITIES DEVELOPMENT CORPORATION
WHEREAS, the Corpus Christi Health Facilities Development Corporation is a Texas
Health Facilities Development Corporation operating under the Health Facilities
Development Corporation Act (Chapter 221 of the Texas Health and Safety Code); and
WHEREAS, the Corporation has completed its work in financing health facilities in
Corpus Christi as provided by the original resolution adopted by the City of Corpus
Christi, Texas, and all bonds and obligations of the Corporation have been discharged
in full; and
WHEREAS, the Corporation desires to distribute all of its remaining assets to the City of
Corpus Christi, Texas, and approve Articles of Dissolution;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. It is hereby resolved that all assets of the Corporation be distributed to the
City of Corpus Christi, Texas, as provided by law and that Articles of Dissolution of the
Corporation in the form attached to this Resolution are hereby approved.
Duly passed and adopted this 29th day of August 2000.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED: ,,~'/"'dayof ~/7"'..~';'~'1~
James R. Bray Jr., City Attorney
Samuel L. Neal, Jr.
Mayor
,2000.
By:
R./JJ~j'~R'~in~"'~
Firs~istant City Attorney
Document1
204
ARTICLES OF DISSOLUTION
OF
CORPUS CHRISTI I:rI~ALTH FACILITIES DEVELOPMENT CORPORATION
These Articles of Dissolution are being filed by CORPUS CHRISTI HEALTH
FACILITIES DEVELOPMENT CORPORATION, a Texas health facilities development
corporation operating under the Texas Health Facilities Development Corporation Act (Chapter
221 of the Texas Health and Safety Code), pursuant to a plan of liquidation of the Corporation.
ARTICLE I
The name of the Corporation is CORPUS CHRISTI HEALTH FACILITIES
DEVELOPMENT CORPORATION.
ARTICLE H
The name and address of the sponsoring entity is the City of Corpus Christi, 1201
Leopard Street, P.O. Box 9277, Corpus Christi, Texas 78469.
ARTICLE III
These Articles of Dissolution were approved by the City Council of the City of Corpus
Christi on August 22, 2000.
The board of directors of the Corporation met on August 22, 2000, at a duly called annual
meeting and approved, by the majority vote of the directors in office, a resolution to dissolve the
Corporation.
ARTICLE V
All bonds, debts, liabilities and obligations of the Corporation have been paid or
discharged, or adequate provision has been made for payment, satisfaction, or discharge thereof.
There are no suits pending against the Corporation in any court.
Dated: August 22, 2000.
CORPUS CHRISTI HEALTH FACILITIES
DEVELOPMENT CORPORATION
By:
Javier Colmenero, President
F:\I l\eORPXArtieles DissoloNP. doe
205
CITY COUNCIL
AGENDA MEMORANDUM
DATE: August 16, 2000
AGENDA ITEM: Ordinance closing and abandoning a 1,541.72-square foot portion of a
1 O-foot wide utility easement out of Lots A and B-3, Block 1, Paisley Tract; requiring owner,
Shelby/Estus Realty Group, to comply with the specified conditions and replat the property
within 180 days at owner's expense; and declaring an emergency.
ISSUE: Shelby/Estus Realty Group, is requesting the easement closure to construct an
Eckard's Drug Store with a ddve-thru canopy window to be located over the said subject
utility easement.
REQUIRED COUNCIL ACTION: City Charter requires Council approval to close and
abandon any portion of an easement.
IMPLEMENTATION SCHEDULE: Owner must replat the property within 180 days at its
expense.
RECOMMENDATION: Staff recommends approval of the ordinance as presented on an
emergency basis.
'A R. Escobar, P.E. ~""
~of Engineering Services
Attachments:
Exhibit A - Site Location Map
207
AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMATION
PURPOSE OFCLOSUREAND BACKGROUND:
Representing the developer, Shelby/Estus Realty Group, Urban Engineering is requesting
the vacating and abandonment of a 1,541.72-square foot portion of a 10-foot wide utility
easement out of Lots A and B-3, Block 1, Paisley Tract. The utility easement abandonment
is necessary for the future construction of an Eckard's Drug Store.
All public and franchised utilities were contacted. CP&L has an existing overhead electrical
distribution line located within the easement to be closed. The overhead distribution line
will have to be relocated at owner's expense. There are no existing utilities within the
easement being closed.
Staff recommends that payment of the fair market value be waived because Owner will be
dedicating two separate 1 O-foot wide utility easements totaling 3,411.97-square feet to off-
set the proposed abandonment. The owner has been advised of and concurs with the
conditions of the easement abandonment.
208
SITE LOCATION
T= 26.02'
L= 31,44'
S2B'52'47'W 186.42'
LOTB~
p~r, qLRYTRACT
VOL. 46, Pa. 21S, M.R.N.C.T.
394.65'
EVERHART ROAD
EASEMENT CLOSURE
LO'r A AND LO'I' B-3, BLOCK1
PAISLI~IY TRACT
209
EXHIBIT '~A "
JOB NO. 37129.A0.02
DATE: AUG. 15, 2000
SC,4 n ~. NONE
AN ORDINANCE
ABANDONING AND VACATING A 1,541.72-SQUARE FOOT PORTION OF
A 10-FOOT WIDE UTILITY EASEMENT OUT OF LOTS A AND B-3,
BLOCK 1, PAISLEY TRACT; REQUIRING SHELBY/ESTUS REALTY
GROUP, THE OWNER OF SAID PROPERTY, TO COMPLY WITH THE
SPECIFIED CONDITIONS AND REPLAT THE PROPERTY WITHIN 180
DAYS AT OWNER'S EXPENSE; AND DECLARING AN EMERGENCY.
WHEREAS, there is a 1,541.72-square foot portion of a 10-foot wide utility easemere out of Lots
A and B-3, Block 1, Paisley Tract, as recorded in Volume 45, Page 219 of the Map Records of
Nueces County, Texas, that the Owner, Shelby/Estus Realty Group ("Owner"), wishes to have
abandoned and vacated; and
WHEREAS, it has been determined that it is feasible and advantageous to the City of Corpus Christi
to abandon and vacate said portion of the utility easement for all purposes, subject to the provisions
listed below.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. That the 1,541.72-square foot portion of a 10-foot wide utility easement out of Lots
A and B-3, Block 1, Paisley Tract, as recorded in Volume 45, Page 219 of the Map Records of
Nueces County, Texas, is abandoned and vacated for public use as a utility easement, subject to
Owner's compliance with the following specified conditions as part of the abandonment and
vacation:
1)
City waives payment of the fair market value by Owner for abandoning and vacating said
portion of the 10-foot utility easement because the Owner agrees to dedicate utility
Casements of equai or greater value as part of the replatting conditions. The overhead CP&L
electrical distribution line must be relocated at Owner's expense to the new utility easement.
2)
Owner must dedicate a 10ofoot wide ntili~' easement ( 1,473.47 sq. ft.) between Lots A & B3,
.Block 1, and a 10-foot wide utility easement (1,938.50 sq. ft.) in the front of Lot A, Block
1, Paisley Tract.
3)
Owner must replat the portions of Paisley Tract being abandoned and vacated within 180
days at Owner's expense: provided however. the City Engineer may extend the time limit
for an additional 180 days if extenuating circumstances outside the Owner's control
necessitate an extension.
H:\LEG-DIR\VERON ICAIDDCURTIS\MYI)C)CS\2OOO\ORD20¢30, 100\DDCORD00, 150
210
SECTION 2. That upon written request of the Mayor or five Council members, copy attached, the
City Council (l)~nds anddeclares 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
and shall take effect upon first reading as an emergency measure this the 29th day of August, 2000.
ATTEST:
THE CITY OF CORPUS CHRISTI
Annando Chapa, City Secretary
Samuel L. Neal, Jr., Mayor
Approved August 23, 2000
James R. Bray Jr.
City Attorney
B y: ~~ ~~
senior Assistant City Attorney
H:\LEG-DIR/VERONICA'IDDCURTI5 MYDOCS\2000/ORD2O00. 100\DDCORD00, 150
211
CITY COUNCIL
AGENDA MEMORANDUM
DATE: August 16, 2000
AGENDA ITEM: Ordinance closing and abandoning a 1,100-square foot portion of a 10-
foot wide utility easement out of Lot 15, Block 38, King's Crossing Unit 1, Phase 1 and Lot
17, Section 9, Flour Bluff and Encinal Farm and Garden Tracts, requiring owner,
Williamson T. Hough, Jr., to comply with the specified conditions and replat the property
within 180 days at owner's expense; and declaring an emergency.
ISSUE: Urban Engineering is requesting the closure of the existing easement because the
owner plans to construct a residential dwelling over the easement to be abandoned.
REQUIRED COUNCIL ACTION: City Charter requires Council approval to close and
abandon any portion of an easement.
IMPLEMENTATION SCHEDULE: Owner must replat the property within 180 days at its
expense.
RECOMMENDATION: Staff recommends approval of the ordinance as presented on an
emergency basis. ,,
cobar, P.E.An
Director of Engineering Services
Attachments:
Exhibit A - Site Location Map
213
AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMATION
PURPOSE OF CLOSUREAND BACKGROUND:
Representing the owner, Mr. Williamson T. Hough, Jr., Urban Engineering is requesting the
vacating and abandonment of a 1,100.07-square foot portion of a 10-foot wide utility
easement out of Lot 15, Block 38, King's Crossing Unit 1, Phase 1 and Lot 17, Section 9,
Flour Bluff and Encinal Farm and Garden Tracts,. The construction of a residential dwelling
over the 1 O-foot utility easement necessitates the closure.
Urban Engineering is replatting the existing lots (Lot 15, Block 38, and Lot 17, Sec.9,
F.B.E.F.&G.T.) into one lot, Lot 15, Block 38, as part of King's Crossing Unit 1, Phase 1.
Upon replatting, Owner of Lot 15 will dedicate additional necessary easements for future
utility installations.
All public and franchised utilities were contacted. AT&T has an existing underground cable
located within the easement to be closed. The underground facility cable will have to be
relocated at owners expense. There are no other utilities within the easement being
closed.
Staff recommends that payment of the fair market value be waived because Owner will be
dedicating two 1 O-foot wide utility easements totaling 1,667.40-square feet to off-set the
proposed abandonment. The owner has been advised of and concurs with the conditions
of the easement abandonment.
K*XING-3.M2
214
SITE LOCATION
SCALE: N.T.S.
/
/
A= 14'23'37"
R-- 199.04'
T= 25.1;
L= 50.00'
/
/
/
/
/
-/, /
/
/
/
/ /
/,,~.,' /
/
/
/
I I
I I
I I
I
I
I
I
I,O'r f.~, BLOCI~ 3B
IDNO'SCROS~W~UNtTf, PIMIE1/t
E /
°//
EASEMENT CLOSURE
LOT 15, BLOCK 38
KING'S CROSSING UNIT 1 PHASE 1
JOB NO. 20354.99. O0
DATE: AUG. 15, 2000
SCALE: NONE
AN ORDINANCE
ABANDONING AND VACATING A 1,100-SQUARE FOOT PORTION OF
A 10-FOOT WIDE UTILITY EASEMENT OUT OF LOT 15, BLOCK 38,
KING'S CROSSING UNIT 1, PHASE I AND LOT 17, SECTION 9, FLOUR
BLUFF AND ENCINAL FARM AND GARDEN TRACTS; REQUIRING
WILLIAMSON T. HOUGH, JR., THE OWNER OF SAID PROPERTY, TO
COMPLY WITH THE SPECIFIED CONDITIONS AND REPLAT THE
PROPERTY WITHIN 180 DAYS AT OWNER'S EXPENSE; AND
DECLARING AN EMERGENCY.
WHEREAS, there is an 1,100-square foot portion of a 10-foot wide utility easement out of Lot 15,
Block 38, King's Crossing Unit 1, Phase 1 and Lot 17, Section 9, Flour Bluff and Encinal Farm and
Garden Tracts, as recorded in Volume 55, Page 117, and Volume A, Pages 41-43 of the Map
Records of Nueces County, Texas, that the Owner, Williamson T. Hough, Jr. ("Owner"), wishes to
have abandoned and vacated; and
WHEREAS, it has been determined that it is feasible and advantageous to the City of Corpus Christi
to abandon and vacate said portion of the utility easement for all purposes, subject to the provisions
listed below.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. That the 1,100-square foot portion of a 10-foot wide utility easement out of Lot 15,
Block 38, King's Crossing Unit 1, Phase 1 and Lot 17, Section 9, Flour Bluff and Encinal Farm and
Garden Tracts, as recorded in Volume 55, Page 117, and Volume A, Pages 41-43 of the Map
Records of Nueces County, Texas. is abandoned and vacated for public use as a utility easement,
subject to Owner's compliance with the following specified conditions as part of the abandonment
and vaca. don:
1)
City waives payment of the fair market value by Owner for abandoning and vacating said
portion of the 10-foot utility easement because the Owner agrees to dedicate utility
.easements of equal or greater value as part of the replatting conditions. The AT&T
andergroand cable must be relocated at Owner's expense.
2)
Owner must replat Lot 15. Block 38, King's Crossing Unit 1, Phase 1 and Lot 17, Section
9, Flour Bluff and Encinal Farm and Garden Tracts into Lot 15, Block 38, King's Crossing
Unit 1, Phase 1.
3)
Owner must dedicate a 10-foot wide utility easement along the front of Lot 15, Block 38, and
between Lots 15 & 16. Block 38. King's Crossing Unit 1, Phase I.
H:\LEG-DIRXVERONICA\DDCURTIS\MYDOCSX20001ORD2000, 100\DDCORD00.149
216
4)
Owner must replat the portions of King's Crossing Unit 1, Phase 1 and Lot 17, Section 9,
Flour Bluff and Encinal Farm and Garden Tracts being abandoned and vacated within 180
days at Owner's expense; provided however, the City Engineer may extend the time limit
for an additional 180 days if extenuating circumstances outside the Owner's control
necessitate an extension.
SECTION 2. That upon written request of the Mayor or five douncil members, copy attache& 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
and shall take effect upon first reading as an emergency measure this the 29th day of August, 2000.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa, City Secretary
Samuel L. Neal, Jr., Mayor
Approved August 23, 2000
James R. Bray Jr.
City Attorney
By: Doy~le~Cu~
,,Senior Assistant City Attorney
217
CITY COUNCIL
AGENDA MEMORANDUM
Date: August 24, 2000
AGENDA ITEM: Ordinance ordering a special election to be held on November 7, 2000, in the
City of Corpus Christi on the questions of authorizing obligations of the City supported by ad
valorem taxes and authorizing a sales and use tax pursuant to Section 4A of Article 5190.6, Vemon's
Texas Civil Statutes; providing for procedures for holding such election; providing for notice of
election and publication thereof; providing for establishment of branch early polling places;
designating polling place locations; authorizing a joint election with Nueces County; and enacting
provisions incident and relating to the subject and purpose of this ordinance.
ISSUE: When Council adopted the Election Ordinance on July 25, we did not have the polling
places from the County nor the provisions of the joint election agreement. Those were to be added
when they became available. We now have the polling places and the joint election agreement. We
have for your approval a new ordinance to add those.
In addition, one clerical error in the ballot language for Proposition 2 was found. When Briarwood
Senior Center was deleted because the facility is not owned by the City, the number of senior centers
being renovated under the proposition should have been reduced from five to four. This ordinance
makes that correction.
RECOMMENDATION: Staff recommends approval
Arm~retary
0JRB0502.021
219
AN ORDINANCE
ORDERING A SPECIAL ELECTION TO BE HELD ON NOVEMBER 7,
2000, IN THE CITY OF CORPUS CHRISTI ON THE QUESTIONS OF
AUTHORIZING OBLIGATIONS OF THE CITY SUPPORTED BY AD
VALOREM TAXES AND AUTHORIZING A SALES AND USE TAX
PURSUANT TO SECTION 4A OF ARTICLE 5190.6, VERNON'S TEXAS
CIVIL STATUTES; PROVIDING FOR PROCEDURES FOR HOLDING
SUCH ELECTION; PROVIDING FOR NOTICE OF ELECTION AND
PUBLICATION THEREOF; PROVIDING FOR ESTABLISHMENT OF
BRANCH EARLY POLLING PLACES; DESIGNATING POLLING PLACE
LOCATIONS; AUTHORIZING A JOINT ELECTION WITH NUECES
COUNTY; AND ENACTING PROVISIONS INCIDENT AND RELATING TO
THE SUBJECT AND PURPOSE OF THIS ORDINANCE; AND DECLARING
AN EMERGENCY
WHEREAS, the City Council finds that the citizens of Corpus Christi shotrid have the
opportunity to approve the issuance of obligations of the City supported by ad valomm taxes for
needed public improvements and to approve a program for economic betterment of the community;
and
WHEREAS, the City is authorized by Article VIII of the City Charter to issue general
obligation bonds in accordance with State law; and
WHEREAS, the Texas Legislature in Section 4A of Article 5190.6, Vemon's Texas Revised
Civil Statutes, has empowered local communities with the means of improving the economic health
and prosperity of their citizens and the City Council finds that the projects to be presented to the
voters, as specified in Propositions 4, 5, and 6 of Section 7 below, are each authorized by Section
4A of Article 5190.6; and
WHEREAS, a public heating shall be held before the election to inform the residents of the
City of the cost and impact of the projects proposed to be authorized in Propositions 4, 5, and 6 of
Section 7, below, with notice as required by law, and the public shall be invited to speak at said
public heating; and
WHEREAS, it is provided in Section 3.004 of the Texas Election Code that the governing
body shall order elections pertaining to municipal affairs, give notice and appoint election officers
to hold the election; and
WHEREAS, Nueces County will also be conducting a general election on November 7,
2000.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CORPUS CHRISTI, TEXAS, THAT:
SECTION 1. A special City etection (hereinafter the "Election") shall be held in the City
OJRB0502.O0~ 220
of Corpus Christi, Texas, on November 7, 2000, for the purpose of submitting to the voters of the
City ballot propositions that authorize the issuance of obligations supported by ad valorem taxes and
authorize a corporation governed by Section 4A of Article 5190.6, Vernon' s Texas Civil Statutes,
to use a sales and use tax of up to three-eighths of one percent for projects authorized by said statute.
SECTION 2. At the Election all the qualified voters of the City of Corpus Christi shall be
permitted to vote.
SECTION 3. Precinct ballot counters shall be employed at the election in accordance with
the Texas Election Code and the Election shall be held at the polling places in the regularly
prescribed precincts of the City of Corpus Cbxisti, as set forth on Attachment A hereto incorporated
by reference and made pan of this ordinance. The Election shall be held in accordance with the
election laws of the State of Texas. The polls shall be open from 7:00 a.m. to 7:00 p.m. on the day
of the Election. Testing of the precinct ballot counting equipment shall be conducted as prescribed
by the Secretary of State's directive "Alternate Method of Testing Precinct Ballot Equipment".
SECTION 4. The City Secretary shall conduct the Election 'as directed by ordinance of the
City Council and by law in accordance with the joint election agreement to be entered into with
Nueces County. He is directed to request consideration by the U. S. Department of Justice of the
submission of any change herein which requires preclearance, and to provide such demographic data
and information as required by law.
SECTION 5. Paper ballots and precinct ballot counters shall be used for the conduct of the
Election on election day and for early voting. Early voting in person at each of the temporary branch
polling places shall be conducted as follows:
Such early voting in person may be conducted at the main early voting polling place located
in the first floor lobby of Nueces County Courthouse, 901 Leopard, or at the temporary branch
polling places set forth in Attachment B, incorporated by reference and made a pan of this ordinance.
In addition, early voting in person may be conducted at the mobile temporary branch polling
places set forth in Attachment C, incorporated by reference and made a pan of this ordinance, during
the days and hours specified therein. The City Secreta~ is authorized, in the event of an emergency,
preventing any of the designated polling places from being utilized, to provide for suitable
replacement locations.
Each branch polling place and the main early polling place shall serve all election precincts.
SECTION 6. The City Secretary is directed to post and publish such election notices as are
required by the Election Laws of the State of Texas. The City Secretary is further appointed as the
authority and officer responsible for the conduct of said election and is hereby authorized and
directed to make all necessary arrangements for the holding of said election in accordance with and
subject to the laws of this State including but not limited to coordinating the election process,
including use of tabulation equipment, supplies and printing of ballots, in accordance with the joint
election agreement to be executed with Nueces County.
0JP, B0S02.00t 221 2
SECTION 7. At the Election, the voters shall be presented with the following propositions
(in English and Spanish) in the form prescribed by the Texas Election Code:
PROPOSITION NO. 1
STREET IMPROVEMENTS
FOR
AGAINST
Authorizing the City Council of the City of Corpus Christi to issue the bonds and notes of
said City in one or more series or issues, in the aggregate principal amount of $20,776,000,
for the purpose of IMPROVING THE STREETS OF THE CITY, INCLUDING:
* STREET IMPROVEMENTS FOR:
-McARDLE ROAD PHASE 3 (EVERHART ROAD TO HOLMES DRIVE),
-HORNE ROAD (AYERS STREET TO KOSTORYZ STREET),
-CLIFF MAUS ROAD PHASE IA (FM 665 TO JUST SOUTH OF
ROCKFORD ROAD),
-YORKTOWN BOULEVARD (LAKE TRAVIS DRIVE TO WEBER
ROAD),
-CITY SHARE OF CONSTRUCTION IN NEW SUBDIVISIONS,
-STREET LIGHTING,
-GUARDRAILS/PEDESTRIAN BRIDGES/SCHOOL ZONE,
-INTERSECTION APPROACH IMPROVEMENTS;
*STREET RESURFACING AND RELATED IMPROVEMENTS FOR;
-UP RIVER ROAD (IH 37 TO LEOPARD STREET),
-ALAMEDA STREET (PARADE DRIVE TO OCEAN DRIVE),
-AYERS STREET (SOUTH PADRE ISLAND DRIVE TO PORT
AVENUE),
-GOLLIHAR ROAD (CROSSTOWN EXPRESSWAY TO KOSTORYZ
ROAD),
-SOUTH STAPLES STREET (GOLLIHAR ROAD TO WILLIAMS
DRIVE);
*NEIGHBORHOOD STREET RECONSTRUCTION ON:
-LYONS STREET,
-BIRMINGHAM STREET,
-ANNAVILLE ROAD/CATCAY/AZORE,
-JAMAICA/BROOKDALE,
-WOODLAWN/LACUNA SHORES/WHITING;
*SIDEWALK ACCESSIBILITY IMPROVEMENTS FOR THE DISABLED;
*TRAFFIC SIGNAL IMPROVEMENTS AT CONGESTED INTERSECTIONS
WITH HIGH ACCIDENT RATES;
*CITY SHARE OF COST PARTICIPATION IN STATE HIGHWAY
DEPARTMENT PROJECTS ON
-FM 624 (US 77 TO FM 1889),
-McKINZIE ROAD PHASE 2 (HAVEN TO SOUTH CITY LIMITS),
-FUTURE PROJECTS;
0JRB0502.001 3
222
with the bonds and notes of each such series or issue, respectively, to mature serially within
not to exceed 25 years from their date, and to be sold at such prices and bear interest at such
lawful rates as shall be determined to be most advantageous to the public in the judgment of
the City Council, and authorizing said City Council to levy and cause to be assessed and
collected annual ad valorem taxes in an amount sufficient to pay the annual interest on said
bonds and notes and provide a sinking fund to pay said bonds and notes at maturity, to the
extent required by law.
PROPOSITION NO. 2
PARK AND RECREATION AND MUSEUM IMPROVEMENTS
FOR
AGAINST
Authorizing the City Council of the City of Corpus Christi to issue the bonds and notes of
said City in one or more series or issues, in the aggregate principal amount of $4,694,000,
for the purpose of IMPROVEMENTS TO PARK AND RECREATION AND MUSEUM
FACILITIES, INCLUDING:
*RENOVATION OF FOUR SENIOR AND SIX RECREATION CENTERS,
INCLUDING:
-ETHEL EYERLY COMMUNITY & SENIOR CENTER,
-OAK PARK RECREATION CENTER,
-OSO RECREATION CENTER,
-JOE GARZA RECREATION CENTER,
-LINDALE RECREATION CENTER,
-T.C. AYERS RECREATION CENTER,
-BEN GARZA GYMNASIUM,
-BROADMOOR SENIOR CENTER,
-GREENWOOD SENIOR CENTER,
-LINDALE SENIOR CENTER;
*YOUTH OUTDOOR SPORTS FACILITIES, INCLUDING:
-H.P. GARCIA PARK,
-PRICE PARK,
-SOUTH GUTH PARK,
-WALDRON PARK,
-BILL WITT PARK;
*RENOVATION/DEVELOPMENT OF EXISTING PARKS, INCLUDING:
-LOS ENCINOS PARK ($100,000),
-NUECES RIVER PARK ($100,000),
-OAK PARK ($100,000),
-PARKER PARK ($100,000),
-SOUTH BLUFF PARK ($100,000),
-ST. ANDREWS PARK ($75,000),
-SURFSIDE PARK ($100,000),
-WEST GUTH PARK ($200,000),
-BRIGHTON PARK ($25,000);
4
03RB0502.00~ 223
*H.E.B. TENNIS CENTER PAVILION;
*CORPUS CHRISTI SCIENCE AND HISTORY MUSEUM FIRE SUPPRESSION
AND HEATING & AIR CONDITIONING SYSTEMS;
with the bonds and notes of each such series or issue, respectively, to mature serially within
not to exceed 25 years from their date, and to be sold at such prices and bear interest at such
lawful rates as shall be determined to be most advantageous to the public in the judgment of
the City Council, and authorizing said City Council to levy and cause to be assessed and
collected annual ad valorem taxes in an amount sufficient to pay the annual interest on said
bonds and notes and provide a sinking fund to pay said bonds and notes at maturity, to the
extent required by law.
PROPOSITION NO. 3
PUBLIC HEALTH AND SAFETY IMPROVEMENTS
FOR
AGAINST
Authorizing the City Council of the City of Corpus Christi to issue the bonds and notes of
said City in one or more series or issues, in the aggregate principal amount of $5,330,000,
for the purpose of PUBLIC HEALTH AND SAFETY IMPROVEMENTS, INCLUDING:
*ANIMAL AND VECTOR CONTROL FACILITY,
*FIRE/POLICE TRAINING FACILITY (PHASE ONE - FIRE TOWER AND
RANGE),
* IMPROVEMENTS TO FIRE STATIONS (ADA, COED),
*CONSTRUCTION OF MUSTANG ISLAND FIRE SUB-STATION,
*HEALTH DEPARTMENT MAJOR ROOF REPAIRS,
with the bonds and notes of each such series or issue, respectively, to mature serially within
not to exceed 25 years from their date, and to be sold at such prices and bear interest at such
lawful rates as shall be determined to be most advantageous to the public in the judgment of
th..e City Council, and authorizing said City Council to levy and cause to be assessed and
collected annual ad valorem taxes in an amount sufficient to pay the annual interest on said
bonds and notes and provide a sinking fund to pay said bonds and notes at maturity.
PROPOSITION NO. 4
SEAWALL IMPROVEMENTS
FOR
AGAINST
The adoption of a sales and use tax (under Section 4A of the Development Corporation Act
of 1979) for the promotion and development of improvements to the downtown Seawall and
for maintenance and operating costs of said Seawall improvements for the life thereof at the
rate of one-eight of one percent to be imposed for 25 years.
PROPOSITION NO. 5
MULTIPURPOSE ARENA
0JRB0502.001 5
224
FOR
AGAINST
The adoption of a sales and use tax (under Section 4A of the Development Corporation Act
of 1979) for the promotion and development of construction of a Multipurpose Arena and
for maintenance and operating costs of said Multipurpose Arena for the life thereof at the rate
of one-eight of one percent to be imposed for 25 years.
PROPOSITION NO. 6
ECONOMIC DEVELOPMENT SALES TAX
FOR
AGAINST
The adoption of a sales and use tax (under Section 4A of the Development Corporation Act
of 1979) for the promotion and development of new and expanded business enterprises at the
rate of one-eighth of one percent to be imposed for 12 years.
SECTION 8. The voter-approved obligations issued pursuant to Propositions 1, 2, and 3
of Section 7 shall be secured by the full tax rate authorized by the Texas Constitution, in accordance
with Article VIII, Section 1 (b) of the City Charter.
SECTION 9. Monies collected from Proposition Nos. 4, 5, and 6, respectively, shall be
maintained in separate funds, each fund to be used only for the purposes authorized by that
proposition as limited by this ordinance.
SECTION 10. Monies maintained in the separate fund for Proposition No. 6 shall be
expended only to attract and secure facilities and employers who contractually agree 1) to add new
facilities..or expand existing facilities in Corpus Christi, and 2) to permanently hire or maintain
employees in Corpus Christi. Criteria shall be developed to assure that employers assisted with said
funds meet the requirements of this section, and such criteria shall include provision for repayment
of incentives and/or economic sanctions for failure to meet the criteria. Further, monies maintained
in the separate fund for Proposition No. 6 shall never be used for projects associated with the
dredging of Packery Channel or for the projects proposed to be authorized in Propositions 4 and 5
of Section 7 of this Ordinance. This paragraph is intended to be a contract with the voters that
monies from Proposition No. 6 will only be expended for the purposes stated in this paragraph.
SECTION 11. The City Council finds that the Seawall Improvements proposed in
Proposition No. 4 serve multiple purposes which meet the economic development objectives of
Section 4A of the Development Corporation Act (which objectives the statute also defines to include
projects authorized by Section 4B of the Act). The findings specifically include, but are not limited
to, the following: First, the Seawall is a facility and improvement which promotes new and expanded
business development. The downtown area protected by the Seawall consists of approximately 551
acres with private property tax valuation of $203,000,511, including: major office buildings, the
City's largest hotels, Convention Center, Memorial Coliseum, Art Center, Art Museum, Science and
History Museum, Harbor Playhouse, Museum of Oriental Cultures, Selena Bayfront Auditorium, and
225
0JRB0502.00I 6
Heritage Park, the City's primary emertainment district with numerous nightclubs and restaurants,
the city marina, and warehouses and terminal facilities of the Port of Corpus Christi Authority. The
Seawall is essential to maximizing new and expanded commercial and retail business development
and retaining commercial business activity in the area. Maximizing development in the area is
critical to employment and the long-term economic health of the City and its residents. Second, the
Seawall meets the Section 4B criteria of promoting or developing new or expanded business
enterprises, including a project to provide public safety (storm and flood protection) facilities, streets
(the Seawall sidewalk is an essential pan of the Shoreline Drive right-of-way serving hundreds of
thousands of pedestrians, and is pan of the Bayfront Hike and Bike Trail), drainage (connecting with
the City's stormwater system, it is a fundamental part of drairdng the commercial areas behind the
Seawall), general municipally owned improvements, related improvements, and other projects
determined to promote or develop new or expanded business enterprises. Third, it meets the Section
4B purpose of being required or suitable for use for entertainment (for example, hundreds of
thousands gather there to watch and participate in events such as Buccaneer Days, Bayfest, parades,
sailing regattas, the Fourth of July and Millennium Celebration fireworks displays, and the East-
West Powerboat Races), tourist, convention, and public park purposes and events. As a place
conducive to gatherings of hundreds of thousands of people, the Seawall serves the function of an
auditorium, amphitheater, or concert hall. In addition, it serves as a public park and supports
facilities and open space improvements. In addition, the Seawall complex (including the Marina)
serves, and has the capacity to expand its services of, store, restaurant, concession, automobile
parking facilities, and area transportation facilities. Fourth, the seawall is a port-related facility
which supports waterborne commerce.
SECTION 12. The election shall be conducted in accordance with the agreemere between
Nueces County and the City of Corpus Christi to hold a joint election on November 7, 2000, a true
copy of which shall is attached hereto as Attachment D and incorporated herein, and is hereby
approved. The City Secretary is authorized to approve all lawful changes and additions to the
procedures provided herein in order to implemem such agreement, including but not limited to
provisions for substations and mobile voting sites.
SECTION 13. By approving and signing this ordinance, the Mayor officially confirms as
his action all matters recited in this ordinance which by law come within his jurisdiction.
SECTION 14. If for any mason any section, paragraph, subdivision, clause, phrase, word,
or provision of this ordinance or the ballot herein shall be held invalid or unconstitutional by final
judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph,
suMivision, clause, phrase, work, 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 hereof
be given full force and effect for its purpose.
SECTION 15. 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 effficient and effective administration of City affairs and (2) suspends the
Charter rule that requires consideration of and voting upon ordinances at two regular meetings
so that this ordinance is passed and takes effect upon first reading as an emergency measure this
the __ day of ,2000.
0JRB0502.001 7
226
ATTEST: THE CITY OF CORPUS CHRISTI
Armando Chapa, City Secretary
Samuel L. Neal, Jr., MAYOR
BY: ~ ~
R. g, tant City Attorney
oj~a~oso2.oo~ 227 8
Corpus Christi, Texas
Day of ,2000
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Cbxisti, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists
requiting 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,
Samuel L. Neal, Jr., Mayor
City of Corpus Christi
Council Members
The above ordinance was passed by the following vote:
Samuel L. Neal, Jr.
Javier D. Colmenero
Melody Cooper
Henry Garrett
Dr. Arnold Gonzales
Rex A. Kinnison
Betty Jean Longoria
John Longoria
Mark Scott
0JRB0502.001 9
228
ATTACHMENT "A"
CITY OF CORPUS CHRISTI SPECIAL ELECTION
_ NOVEMBER 7, 2000
ELECTION DAY POLLING PLACES
PRECINCT NO. VOTING LOCATION
1 First Presbyterian Church
430 S. Carancahua, C.C. TX
2 Windsor Park School
4525 S. Alameda St., C.C. TX
3 Cedar Ridge Townhomes Party Room
4445 Cedar Pass, C.C. TX
4 Kostoryz Elementary School
3602 Panama, C.C. TX
5 Hamlin Middle School
3900 Hamlin, C.C. TX
6 Ethel Eyerly Community Center
654 Graham, C.C. TX
7 Oak Park Special Emphasis School
3701 Mueller St., C.C. TX
8 Ella Bames Elementary School (Cafeteria)
2826 Oso Parkway, C.C. TX
9 Calallen Middle School
4602 Cornett, C.C. TX
10 Bluntzer School House
FM 666, C.C. TX
11 Agua Dulce County Building
Agua Dulce, TX
12 Banquete Senior Citizens Center
Banquete, TX
13 Salazar Elementary School
Matiana Ortiz Blvd., Robstown, TX
14 Driscoll Grain Co-op
FM Road 3354 and 73A, Bishop, TX
15 The People's Baptist Church
Old Brownsville2Fkad, C.C. TX
PRECINCT NO.
VOTING LOCATION
16
London School
350 London Road, C.C. TX
17
Alternative High School Center
1530 Airline Rd., C.C. TX
18
Flour Bluff County Building
10110 Compton, C.C. TX
19
Port Aransas Community Center
710 W. Avenue A, Port Aransas, TX
20
Galvan Elementary School
3126 Masterson, C.C. TX
21
Kiwanis Recreation Center
3933 Timon Blvd., C.C. TX
22
Petronila School Cafeteria
Petronila, TX
23
River Hills Baptist Church
FM 624, C.C. TX
24
West Oso High School
5202 Bear Lane, C.C. TX
25
Leona Community Building
Robstown, TX
26
Chapman Ranch Post Office
Chapman Ranch, TX
27
Driscoll School Cafeteria
200 W. 4th Street, Driscoll, TX
28 Annaville Volunteer Fire Department (Violet)
Rt. 3, Robstown, TX
29 Luther Jones Elementary School
7533 Lipes Avenue, C.C. TX
30 T.C. Ayers Recreation Center
1722 Winnebago, C.C. TX
31 Leal Residence
1217 10th Street, C.C. TX
230
PRECINCT NO. VOTING LOCATION
32 Blanche Moore Elementary School
6121 Durant, C.C. TX
33 George Evans Elementary School
1315 Comanche, C.C. TX
34 Our Lady of Mount Carmel Church
Clarkwood Road, C.C. TX
35 St. Anthony's Church (Parish Hall)
201 George, Robstown, TX
36 Bishop Primary School (Special Education Room)
Bishop, TX
37 Johnny S. Calderon County Building
710 E. Main St., Robstown, TX
38 Chas. W. Crossley School
2512 Koepke, C.C. TX
39 South Bluff United Methodist Church (Ed. Bldg.)
1329 Seventh Street, C.C. TX
40 Island Presbyterian Church
14030 Fortuna Bay, C.C. TX
41 Bonilla Building (Atrium)
2727 Morgan Avenue, C.C. TX
42 Wenzell Garage
217 Leming, C.C. TX
43 Wm. Travis Elementary School
3210 Churchill, C.C. TX
44 Zavala Senior Center
510 Osage, C.C. TX
45 George Wiggins Homes (Recreation Center)
2320 Buford, C.C. TX
46 South Texas Institute for the Arts
2021 Agnes, C.C. TX;
47 Ben Garza Gym
1815 Howard, C.C. TX
231
PRECINCT NO. VOTING LOCATION
48 Mosier Garage
4637 Branscomb, C.C. TX
49 Scott Vetters Scout Hut
3221 McKinzie, C.C. TX
50 Lindale Recreation Center
3133 Swantner, C.C. TX
51 Weldon Gibson Elementary School (Cafeteria)
5723 Hampshire, C.C. TX
52 Korean Presbyterian Church
3757 Up River Road, C.C. TX
53 Sam Houston Elementary School
363 Norton Street, C.C. TX
54 Ortiz Intermediate School
208 E. Avenue H, Robstown, TX
55 St. John's Parochial School
Comer of 1 st Ave. & W. Ave. F, Robstown, TX
56 La Armada Boys & Girls Hall
1455 Southgate, C.C. TX
57 Del Mar College (Richardson Auditorium)
Baldwin & Ayers, C.C. TX
58 Menger Elementary School
2401 S. Alameda, C.C. TX
59 Incarnate Word Academy High School (Front Lobby)
2930 S. Alameda, C.C. TX
60 Adult Learning Center
3902 Morgan Ave., C.C. TX
61 Teenage Mothers Schools (TAMS)
3109 Carver, C.C. TX
62 Wynn Seale Middle School
1707 Ayers, C.C. TX
63 Parkway Presbyterian Church (Fellowship Hall)
3707 Santa Fe, C.C. TX
232
PRECINCT NO. VOTING LOCATION
64 Wilson Elementary School
3925 Ft. Worth, C.C. TX
65 Montclair Elementary School
5241 Kentner, C.C. TX
66 Fire Station No. 7
3722 S. Staples, C.C. TX
67 C.C. Model Railroad Club
821 Louisiana Ave., C.C. TX
68 Pruett Garage
1226 Annapolis, C.C. TX
69 Baker Middle School
3445 Pecan, C.C. TX
70 Arrowsmith Apts.
5701 Williams Drive, C.C. TX
71
Lexington Elementary School
—
2901 McArdle, C.C. TX
72
Central Park Elementary School
3602 McArdle, C.C. TX
73
James W. Fannin Elementary
2730 Gollihar, C.C. TX
74
Cunningham Middle School
4321 Prescott, C.C. TX
75
David Crockett Elementary
2625 Belton, C.C. TX
76
Port Avenue Drug Store
913 Port Ave., C.C. TX
77
Lozano Elementary School
650 Osage, C.C. TX
78
John F. Kennedy School
5040 Rockford, C.C. TX
79
Robert Driscoll Middle School
261 Driscoll, C.C. TX
233
PRECINCT NO. VOTING LOCATION
80 Skinner Elementary School
1001 Bloomington, C.C. TX
81 Fire Station No. 9
501 Navigation, C.C. TX
82 La Raza Runaway Shelter
721 Omaha, C.C. TX
83 Gulf Coast Council of La Raza
2203 Baldwin, C.C. TX
84 C.C. Area Council for the Deaf
5151 McArdle, C.C. TX
85 T.G. Allen Elementary School
1414 18th St., C.C. TX
86 Munson Garage
3212 Topeka, C.C. TX
87 Carroll Lane Elementary School
4120 Carroll Lane, C.C. TX
88 Second Baptist Church
6701 Staples, C.C. TX
89 Crossroads Baptist Church
5730 Kimbrough, C.C. TX
90 Fire Station No. 11
910 Airline, C.C. TX
91 The Shores Apartments
7350 McArdle, C.C. TX
92 Cullen Place Jr. High
5224 Greely, C.C. TX
93 Water Utilities Bldg., (Conference Room)
2726 Holly Road, C.C. TX
94 Wm. Calk Elementary School
4621 Marie, C.C. TX
95 St. Cyril & Methodius Church (Room E-1)
3210 S. Padre Island Drive, C.C. TX
234
PRECINCT NO. VOTING LOCATION
96 Norton Street Church of Christ
3001 Norton, C.C. TX
97 Rosas Garage
4462 Dinn, C.C. TX
98 Moody High School
1818 Trojan Drive, C.C. TX
99 Bennett Garage
417 Villa Drive, C.C. TX
100
Tuloso-Midway Intermediate Elementary
1925 Tuloso Road, C.C. TX
101
Rand Morgan High School
2653 McKinzie Road, C.C. TX
102
Bishop High School
Bishop, TX
103
Tuloso Midway Middle School
9830 LaBranch, C.C. TX
104
Lotspeich School
Ruben Chavez Road, Robstown, TX
105
San Pedro School
800 W. Avenue D, Robstown, TX
106
Tom M. Browne Middle School
4301 Schanen, C.C. TX
107
Magee Elementary School
4201 Calallen Drive, C.C. TX
108 Coastal Bend Youth City
Driscoll, TX
109 King High School
5225 Gollihar, C.C. TX
110 Hilltop Community Center
11425 Leopard, C.C. TX
111 LULAC West Apts. (Community Room)
10702 IH 37, C.C. TX
235
PRECINCT NO, VOTING LOCATION
112 Schanen Estates Elementary School
5717 Killarmet, C.C. TX
113 Garcia Elementary School
4401 Greenwood, C.C. TX
114 St. John's Baptist Church Annex
5445 Greenwood, C.C. TX
115 Club Estates Elementary School
5222 Merganser, C.C. TX
116 Elliott Grant Middle School
4350 Aaron, C.C. TX
117 Flour Bluff High School (Auditorium)
2505 Waldron Road, C.C. TX
118 Trinity Church of the Nazarene
6225 Weber, C.C. TX
119 Fire Station #14
South Staples & La Costa, C.C. TX
120 Woodlawn Elementary School
1110 Woodlawn, C.C. TX
121 C.P. Yeager Elementary School
5414 Tripoli, C.C. TX
122 Flour Bluff ISD (Maintenance/Transportation)
2505 Waldron, C.C. TX
236
ATTACffi+IEN'P "B"
EARLY VOTING LOCATIONS
FOR
NOVEMBER 7, 2000 JOINT ELECTION
Oct 21 -
8:00 A.M.
To
5:00 P.M.
Oct 22 -
12:00 P.M.
To
5:00 P.M.
Oct 23 thru Oct 27 -
8:00 A.M.
To
5:00 P.M.
Oct 28 _
7:00 A.M.
To
7:00 P.M.
Oct 29 _
12:00 P.M.
To
5:00 P.M.
Oct 30 thru Nov. 3
7:00 A.M.
To
7:00 P.M.
1. NUECES COUNTY COURTHOUSE
901 Leopard Street
Corpus Christi, TX.
2. JOHNNY S. CALDERON COUNTY BUILDING
710 E. Main
Robstown, TX.
3. BISHOP COUNTY BUILDING
115 S. Ash
Bishop, TX.
4. PORT ARANSAS CITY HALL
710 W. Ave. "A"
Port Aransas, TX.
5. FLOUR BLUFF COUNTY BUILDING
10110 Compton
Corpus Christi, TX.
6. CORPUS CHRISTI AREA COUNCIL FOR THE DEAF
5151 Mc Ardle
Corpus Christi, TX.
7. GREENWOOD SENIOR CITIZENS CENTER
4040 Greenwood
Corpus Christi, TX.
8. HILLTOP COMMUNITY CENTER-ANNAVILLE
11425 Leopard St
Corpus Christi, TX.
9. MOLINA NEIGHBORHOOD CENTER OF CORPUS CHRISTI h'
614 Horne Rd.
Corpus Christi, TX.
10. CITY HALL
1201 Leopard St
Corpus Christi, TX.
11. DEL MAR COLLEGE -EAST CAMPUS
Ayers & Baldwin 237
Corpus Christi, TX.
MOBILE EARLY VOTING CALENDAR
FOR
NOVEMBER 7, 2000
JOINT ELECTION
(Appfoved August 24, 2OOO;
ATTACI~iT "C"
SUN MON TUE WED THUR FRI SAT
1 2 3 4 5 6
8 9 10 11 12 13
15 16 17 18 19 20
23* 24* 25* 26" 27'
DAVR) BERL~,NGA SR. BANQUE]/SSMIOR DAVIO BERLANGA,
COMMUNITY CENTER CITIZENS CENTER SR,COMMUhriTY
12:00 - 5:00 8:00 - 5:00 CENTER
7
14
21'
SAM'$ CLUB
4949 Greelwood
11:00-6:00
29' 30' 31'
StaYas & S.P.I.D,
Po~t&Ayera
11:00-6:00
ALBERTSON'S
11:00 -8:00
ATTA~
ELECTION SERVICES CONTRACT
STATE OF TEXAS, COUNTY OF NUECES
THIS CONTRACT, made this day of August, 2000, by and between City of
Corpus Christi. and ERNEST M. BRIONES, County Election Officer, of Nueces County,
Texas, hereinafter referred to as "Contracting Officer', and by authority of section
31.092(b), Texas Election Code, for the conduct and supervision of the Joint Election of
November 7, 2000.
THIS CONTRACT is entered into in consideration of the mutual covenants and
promises hereinafter set out:
Io DUTIES AND SERVICES OF COUNTY ELECTION OFFICER
The contracting Officer shall be responsible for performing the following duties and
shall fumish the following services and equipment:
(a) Contact the owners and custodians of county-designated polling places and
arrange for their use in the Joint Election.
(b) Contact the owners or custodian of some other public (or if unavailable,
pdvate) building in the precinct and arrange for its use as a polling place if
the county designated polling place in the precinct is unavailable for use as
in the Joint Election.
(c) Procure and distribute all necessary election supplies, including ballots,
election kits, ballot boxes and voting booths.
(d) Conduct all aspects of early voting, including, but not limited to, both
permanent and temporary branch early voting by personal appearance.
1
239
(e)
(f)
(g)
(h)
(i)
Procure all necessary voting machines and equipment, transport machines
and equipment to and from the polling places, and prepare the voting
machines and equipment for use at the polling places.
Notify the election judges of the date, time, and place of the election school,
arrange for a facility for holding the school, and conduct all training sessions
for the election judges.
Arrange for the use of central counting station and for the tabulating
personnel and equipment needed at the counting station during early
voting, and assist in the preparation of programs and test materials for the
tabulation of ballots to be used with electronic voting equipment.
Publish the legal notice of the date, time, and place of the test of the
electronic tabulating equipment and conduct the test.
Supervise all procedures of the election and make such decisions as
necessary to conduct the Joint Election in conformity with the law.
GENERAL CONDITIONS
(a) Nothing contained in the contract shall authorize or permit a change in the
officer with whom or the place at which any document or record relating to
the election is to be filed or the place at which any function is to be carded
out, or the officers to make the official canvass of the election returns, or
the officer to serve as custodian of the voted ballots or other election
records, or any other nontransferable functions specified by section
31.096 of the Texas Election Code.
2
240
(b)
(C)
(d)
The contracting Officer is the agent of City of Corpus Christi for the
purposes of contracting with third parties with respect to the election
expenses reasonable incurred within the scope of the Contracting Officers
duties, and the contracting Officer is not liable for the City of Corpus
Christi's failure to pay a claim for such expenses.
The Contracting Officer shall file copies of this contract with the
County Treasurer and the County auditor of Nueces County, Texas.
an estimate of the costs for the election services is attached as Exhibit "A".
Only the actual expenses directly attributable to the Contract may be
charged. (Section 31.100(b), Texas Election Code). The County election
Officer must submit the actual costs for items contracted for pursuant to this
Contract with the City of Corpus Christi no later than ten days after the
final Joint Election.
Witness the following signatures and seal:
Ernest M. Briones, County Clerk
And County Elections Officer for
Nueces County, Texas
Arn~ando Chapa, City Secretary
City of Corpus Christi
3
241
~UCr25-O0 FRI 10:23 1~1 NLIECES COUNTY CLERK
F~ NO. 5]28880329
Nueces County - County Clerk
Election Depa~huent
Cost Sheet for Shared Locations - Full Service
Project#11000702
#
Contractor. City of Corpus Christi
Election For: Joint Election
Election Date: November 7, 2000
Labor & Fringe
1. Early Voting Clerks (hr)
Shared Precincts
County Only Precincts
Entity Only Precincts
2. Early Voting Clems
Shared Precincts
County Only Precincts
Entity Only Precincts
3. County Clerk Employee.=
Shared Precincts
County Only Precincts
Entity Only Precincts
4. Fringe (1 +2+3 above)
Shared Precincts
County Only Precincts
Entity Only Precincts
5. Ballot Board
Shared Precincts
County Only Precincts
Entity Only Precincts
6. Election Day
Alternates & Clerks
Shared Precincts
County Only Precincts
Entity Only Precincts
Unit
29 x 1655
2x215
$33,413.95
t04x4x14
X
Cost/ Estimated Actual
Unit Cost Cost
$5.50 $34,944.25
$5.50
$5.50 $11,648.00
x $7.19 $3,092
x $7.19
x $7.19 $1,030.00
vades
X
X
X
$3,925.00
$1,309.00
x 7.65% $2,557.00
x 7.65%
x 7.65% $852.00
$2,000.00
$667.00
X
X
X
$8.00 $34,944.00
$8.00 $11,648.00
j:~audit~alNorms~jaform.211 (8/25100) pk 1
242
RUG-25-OO FRI 10:24 RM NUECES COUNTY CLERK F~ NO. 5128880329 P. 03
7. pick-up/Delivery of Supplies
Shared precincts
County Only Precincts
Entity Only Precincts
Building & 8pace Rental
1. 7601 Early Voting
Shared Pmdncts
County Only Precinc~
Entity Only Precincts
2. 7602 Ek~lon day rental
itofk,:ations
Shared Precincts
County Only Precincts
Entity Only Precincts
it of locations
Shared Precincts
County Only Precincts
Entity Only Precincts
it of k.:~lUons
Shared Precincts
county ody
Entity Only Precincts
it of locations
Shared Precincts
County Only Precincts
Entity Only Precincts
itoflocations
Shared Precincts
County Only Prednct~
Entity Only Precincts
it of locations
Shared Precincts
County Only Precincts
Entity Only Precincts
Unit
Cost/ Estimated Actual
Unit Cost Cost
104 x
x $25
x $25
I x $150.00
X
X
26x$50
x $50
x
1 X
1 x $70
3 x$75
x $75
x $75
4 x $100
x $100
x $100
1 x $135.10
X
X
$150
$50.00
$1,300.00
$433.00
$21.67
$70.0O
$225.00
$75.00
$400.0O
$134.00
$135.10
$45.00
j:~audit~all'ffo,..~,~a;~.Tn.211 (8/25/00) pk
2
243
RUG-25-O0 FRI 10:24 Fdl NUEOES OOUNTY OLERK FF~ NO, 5128880329 P, 04
# of locations
Shared Precincts
County Only Precincts
Entity Only Precincts
# of locations
Shared Precincts
County Only Precincts
Entity Only PreCincts
Equipment Rental
1.76t I Ballot precind counters(s)
Shared Precincts
County Only Precinct~
Entity Only Precincts
2. 7612 Optech iV-C
Shared Precincts
County Only Precincts
Entity Only precincts
7613 Terminal/Printer (# of Stations)
Shared Precincts
County Only Precincts
Entity Only Precincts
7614 Double Ballot Booths(s)
Shared Predncts
County Only Precincts
Entity Only Pmdncts
5. 7615 Phone Unes
Shared Precincts
Entity Only precincts
7616 Misd. Equipment Rental
Shared Precincts
County Only precincts
Entity Only Precincts
Unit
104
I x $150
x $150
x $150
11
212
Cost/ Estimated A~turel
Unit Cost Cost
6
x
x SI00
x $100
x $100
x $1,500
x $1,500
x $1,500
x
x
x $30
x $5
x $5
x $5
x
x $28
x $150
X
x $150
$150.00
$50.00
$10,400.00
$3,466.67
$3,000,00
$1,000.00
$840.00
$280.00
$168.00
$56.00
$150.00
$50.00
j:%audit~all~forms~iaform.211 (8/25/00) pk
3
244
AUG-25-O0 FRI I0:25 ~ NUECES COUNTY CLERK F~ NO, 5128880329 P, 05
.rice Expense and Supplies
1. 7621 Ballots and Freight
Shared Precincts
County Only Precincts
Entity Only Precincts
2. 7622 Sample ballots
Shared Precincts
County Only Precincts
Entity Only Precincts
3, 7623 Bection kits
Shared Precincts
County Only Precincts
Entity Only Precincts
4. 7624 Signs
Shared Precinds
County Only Precincts
Enl~ty Only Precincts
5. 7625 Postage
Shared Precincts
County Only Precincts
Entity Only Precincts
6. 7638 Direct Supplies
Shared Precincts
County Only Precincts
Entity Only Predncts
7639 Indirect Supplies Expense
Shared Precincts
County Only Precincts
Entity Only Precincts
Publication
1. 7641 Te~ti~g Notice
Shared Precincts
County Only Precincts
Entity Only Precincts
Unil
104
300O
3000
104
X
X
X
X
X
X
Cost/ Estimated Actual
Unit Cost Cost
x $29.00
X
X
X
$3,016.00
$1,005.00
x $0.77 1 $2,310
x
x $770.00
x $0.95 $2,850.00
x
x $950.00
x $0.35 $36.40
x
x $12.13
x $1,641.00 $1,641,00
x
x
x $614.00
j:%audit%all~forms~iaform.211 (8/25/00) pk
4
245
RUCr25-O0 FRI 10;26 Aft NUECES COUNTY CLERK FR,X NO, 5]28880329 P. 06
Delivery and Transportation
1. 7661 Vehicle Rental
Shared Precincts
County Only Precincts
Entity Only Precincts
2. 7662 Fuel
Shared Precincts
County Only Precincts
Entity Only Precincts
3. 7664 Mileage
Shared Pmdncts
County Only Precincts
Entity Only Precincts
4 7665 Eagle Transporation
Shared Precincts
County Only Precincts
Entity Only Precincts
Inter Department Costs
1. 7691 County Clerks Office
Shared Precincts
County Only Precincts
Entity Only Precincts
2, 7692 Auditors Office
Shared Precincts
County, Only Precincts
Entity Only Precincts
7693 Data Processing
Shared Precincts
County Only Precincts
Entity Only Precincts
7694 Records Management
Shared Precincts
County Only Precincts
Entity Only Precincts
Unit
104
Cost/ Estimated Actual
Unit Cost Cost
X
X
X
X
x $0.28
X
X
x $25
x $25
x $25
x $2.50
X
X
x $11.00
X
X
X
X
X
$1,300.00
$434.00
$952.00
$318.00
$260,00
$86.67
$220.00
$74,00
j:~audit~al~orms~iaform.211 (8/25/00) pk
246
5
BUCr25-O0 FRI 10:27 ~ NUEOES COUNTY CLERK F~ NO. 5128880329 P. 07
Estimated
Cost
Actual
SUB TOTAL-SHARED
County Part
Entity Part (A)
SUB TOTAL-ENTITY ONLY (B)
TOTAL ENTITY COST (A + B)
$66,323.14
Administrative Fee
1. 4786 Election Admini~Sation Fee (A +B) x 10%
$6,632
TOTAL INVOICE
$72,955.45 $
j:~audit~ll~orm$~iaform.211 (8/25/00) pk 6
247
AGENDA MEMORANDUM
PUBLIC HEARING - ZONING (City Council Action Date: August 29, 2000)
Case No. 0600-12s C. A. Kaczenski:. A change of zoning from an "R-1B" One-family Dwelling District
to a "B-I" Neighborhood Business Disnict on Alameda Park, Block 6, Lot 29, located on the east side of
Everhart Road, between Meridian and Pompano Place.
Plannine Commission and Staffs Recommendation (06/21/00): Denied the "B-I" District, and
in lieu thereof, approved a "B-1A" Neighborhood Business Dish-let.
Requested Council Action: Denial of the "B-I" District, and in lieu thereof, approval of a "B-IA"
Neighborhood Business Disnict adoption of the attached ordinance.
PurnoseofReauest: To convert residential structure into a hair salon with associated retail sales.
Summary: The applicant has requested a change of zoning to a "B-I" Neighborhood Business District in order to
replace the existing vacant residential stnacmre with a new structure for a hair salon with the retail sales of their hair
products. The residential structure would require substantial rehab work to reopen. The lot has direct access to an
arterial, Everhart Road. There is no access to a residential street. The subject property abuts single-family
residences on the north and east. There is an existing "B-I" District zoned property adjacent to the south that is
undeveloped commercially. This is the only lot zoned a "B-I" District within this block between Avalon and Harry
Streets. Approximately 250 feet north of the subject property, multiple lots have been developed commercially
under a Special Permit with a clock shop and a consignment store. Over the past five (5) years, the area has slowly
transitioned to nonresidential uses. In November 1999, Lots 24, 25, and 26, approximately 100 feet south of the
subject property, were granted an "AB" Professional Office District with a Special Permit for limited retail uses
because the "B-l" District uses, such as theling stations, pawn shops, liquor stores, which were not considered
appropriate in this area. A "B-1A' Neighborhood Business District would prohibit the incompatible uses and at the
same time permit the applicant to operate a hair salon business with the retail sales of the hair care products. The
"B-1A" District was designed to be more protective to adjoining residential areas by requiring increased rear yard
setback, masonry screening along the rear, and special provisions for restaurants. Therefore, the "B-1A" District
would be an appropriate zoning classification for a property with direct access to an arterial and residential
adjacency.
A~olicant's Position: The applicant concurs with Planning Commission and Staff's recommendation.
Notification: Prior to the date of this memorandum, thirty-two (32) notices were mailed to the property owners
within a 200-foot radius, of which one (1) was returned in favor and three (3) in opposition. The representative and
subject property owner submitted a letter in favor. Eight (8) notices were received in opposition fi-om outside the
notification area. The 20% rule is not in effect.
MG/MS/er
Attachments:
1 ) Zoning Report Pages 2-10
2) Comments Received Page 11-12
3) Planning Commission Minutes Page 13
4) Ordinances Pages 14-17
H:~PLN-DIR'xERMA\WORDx, AGENDMEMN0600-12AGENDAMEMO.DOC
249
CITY COUNCIL
ZONING REPORT
Case No.:
Planning Commission
Hearin~ Date:
Map No.:
Applicant:
Legal Descrintion/Location:
0600-12
June 21,2000
91-1 (I16C)
C.A. Kaczenski
Alameda Park, Block 6, Lot 29, located on the east side of Everhart Road, between Meridian and
Pompano Place.
Area of Retluest:
Lot(s) Area:
Current Zoning:
Request:
Current Use of Property:
Purpose of Request:
Zoning Change Requested Due
to Notice of Violation:
0.171 acre (7,400 square feet)
Same as above.
"R- I B" One-family Dwelling District
"B-1" Neighborhood Business District
Single-family residence.
Convert residential structure into a hair salon
with associated retail sales.
Not applicable.
Adjacent Zonins::
North, East, West - "R- 1B" One-family Dwelling District
South - "B-1' Neighborhood Business District
Adjacent Land Use:
North, East - Single-family residences.
South - Hair salon.
West - (across Everhart Road) Single-family residences.
2so 2,
Zoning Report
Case No. 0600-12 (C. A. Kaczenski)
Page 2
Number of Residential Units Allowed:
"R-1B"- 1 unit (7.26 dwelling units per acre)
"B-I' - 6 units (36.30 dwelling units per acre)
Estimated Traffic Generation:
Specialty retail center - 40.67 average weekday vehicle trip ends per 1,000 square feet of gross floor
area x 2,000 square feet of gross floor area = 81 average weekday vehicle trip ends.
Adiaeent Streets/Classification:
a) Everhart Road - arterial
Ri~ht-of-Wav Design
Current:
a) 80-foot right-of-way with a 48-foot back-to-back paved section.
Planned:
a) Same as current.
1996 Traffic Count (24-hour. weekdav, non-dlrectionaB:
a) 20,380 vehicles per day (south of Harry Street).
Zoning'History of Prohetty:
There has been no rezoning activity within the past five (5) years.
Recent Surroundin2 Zonin~ Cases:
In November 1999, Lots 24, 25, and 26, located on the east side of Everhart Road, north of Harry
Street and south of the subject property, were denied a change of zoning to a "B-I" District, and in
lieu thereof, were granted an "AB' District with a Special Permit for a consigrmaent store.
In September 1998, Lot 1, located on the northwest comer of Harry Street and Everhart Road and
southwest of the subject property, the Planning Commission denied an "R-2" District for a second
dwelling unit. The applicant withdre~v the request in November 1998 prior to Council action.
In August I995, Lot 28~ located on the east side ofEverhart R.oad and adjacent to the south of the
subject property was granted a change of zoning to a "B-I" District for a retail store.
251
Zoning Report
Case No. 0600-12 (C. A. Kaczenski)
Page 3
In January. 1995, Lot 35, located on the east side of Everhart Road and north of the subject property,
was denied a "B-I" District and granted a Special Permit for furniture sales.
In July 1994, Lots 33 and 34, located on the east side of Everhart Road and north of the subject
property, was denied a "B-I" District and granted a Special Permit for a clock shop.
In October 1993, Lots 3 and 4, located on the southwest side of Avalon and Sam Streets and
northeast of the subject property, were granted change of zoning to a "B-1" District for a gift shop.
In August 1993, Lot 2, located on the south side of Avalon Street, east of Sam Street and northeast
of the subject property, was granted a change of zoning to a "B-I" District.
Zoninl~ Inventorv:
The subject property is part of a larger area zoned a "R-t B" District predominantly developed with
single-family residences. Adjacent to the south is a 0.23-acre lot zoned a "B-I" District and
occupied with a hair salon. Further north along Avalon Street and extending northwest, an area
zoned a "B-I" District containing 8.30 acres developed mostly with retail establishments. Also
along Avalon Street, there area several tracts totaling 1.29 acres that are developed with a realtors'
office, a hair salon and an engineering office. South of the subject property, there are two (2) tracts
of land zoned an "AB" District, a 0.68-acre tract, north of Harry Street, developed with single-family
residences, and a 7.27-acre tract, south of Harry Street, predominantly developed with offices.
Plannin~ Staff Analysis:
General Characteristics and Background: The applicant has requested a change of zoning
to a "B-1" Neighborhood Business District in order to replace fh~ existing vacant residential
structure ~vith a new structure for a hair salon with the retail sales of their hair products. The
Iresidential structure would require substantial rehab work to reopen. The lot has direct
access to an arterial. Everhart Road. There is no access to a residential street. The subject
property abuts single-family residences on the north and east. There is an existing "B-I"
District zoned property. adjacent to the south that is undeveloped commercially. This is the
only lot zoned a "B-I" District within this block between Avalon and Harry Streets.
Approximately 250 feet north of the subject property., multiple lots have been developed
commercially under a Special Permit with a clock shop and a consignment store. Over the
past five (5) years. the area has slowly transitioned to nonresidential uses. In November
1999, Lots 24. 25, and 26. approximately 100 feet south of the subject property., were granted
an "AB" Professional Office District with a Special Permit for limited retail uses because the
"B-I" District uses. such as fueling stations, pawn shops, liquor stores, which were not
considered appropriate in this area. A "B-1A" Neighborhood Business District would
prohibit the incompatible uses and at the same time permit the applicant to operate a hair
salon business with the retail sales of the hair care products. The "B-1A" District was
designed to be more protective to adjoining residential areas by requiring increased rear
252 ~
Zoning Report
Case No. 0600-12 (C. A. Kaczens~)
Page 4
setback, masoray screening along the rear, and special provisions for restaurants. Therefore,
the "B-IA" District would be an appropriate zoning classification for a property with direct
access to an arterial and residential adjacency.
Conformity to the Coml~rehensive Plan and Land Use Compatibility: Overall, the
Comprehensive Plan Elements can be supportive of tile requested "B-1" District due to its
direct access to an arterial without traversing a residential area. The Southeast Area
Development Plan's adopted future land use map recommends the area to develop with
professional office uses. The requested "B-I' District is not consistent with the Plan's
recommended land use, however, a limited retail district that is sensitive to the adjacent
residences is supported by the Plan's policy statements.
Potential Housin~ Density: Residential development in the "R-1B" District is limited to 7.26
dwelling units per acre or one unit on the subject property. A "B-I" District permits a
density of 36.30 dwelling units or six (6) units on the subject property. A "B-tA" District
with arterial access permits a density of 36 dwelling units per acre or six (6) units on subject
property.
Heir, hi/Bulk/Setbacks/Etc.: The "R-1B" District requires a front yard setback of 25 feet and
side and rear yard setbacks of five (5) feet each. A "B-I" District requires a front yard
setback of twenty (20) feet and no side or rear yard setbacks unless adjacent to a residential
district where a setback often (10) feet would be required. The "B-1A" District also requires
a front yard setback of twenty (20) feet and no side or rear yard setback unless adjacent to
a residential district where a side yard setback often (10) feet and a rear yard of fifteen (15)
feet is required. Both the "R-1B" and "B-I" Districts limit building heights to 35 feet, not
to exceed three (3) stories. Building height in the "B-1A" District is limited to 36 feet unless
adjacent to a residential district where the height is limited to 26 feet.
-Signage: The "R-1B" District permits one wall sign not to exceed one square foot. Wall
signs in a "B*I" District are unlimited. Freestanding signs are limited to one sign per
premise with an area of forty (40) square feet and a height of twenty (20) feet. The "B-1A"
District permits freestanding and wall signs. One freestanding sign per frontage along an
expressway, frontage road, arterial, or collector is permitted with a height offi~een (15) feet
and a minimum setback often (10) feet. The freestanding sign may have a sign area of thirty
(30) square feet or ¼ square foot per linear foot of street frontage, whichever is greater, but
in no event exceed fifty (50) square feet. Wall signs in the "B-1A" District are limited to an
area of one square foot per linear foot of wall with a door for the public.
Traffic: The proposed commercial development is estimated to generate approximately 81
daily trip ends on Everhart Road. This traffic increase would not adversely impact the
Everhart street system capacity.
Parkin~/Screenin.o: Retail development is required to provide one parking space for each 200
square feet of gross floor area or ten (10) parking spaces for the proposed structure. Proof of
253
Zornrig Report
Ca~e No. 0600-12 (C. A. Kaczenski)
Page 5
compliance with the parking regulations will be required before a certificate of occupancy
will be issued. A standard screening fence with a height of six (6) feet must be provided
when a business or industrial use locates adjacent to a residential district. A screening fence
will be required along all lot property lines where adjacent to residential. If a "B-1A'
District is approved, a masonry wall with a height of not less than six (6) feet will be required
along the rear property line of the subject property.
Costs to City: All infrastructure required to service the needs of the subject property are in
place.
· Platting: The subject property contains a platted lot and further replatting is not required.
Pros: (Ideas in support of the request.)
a)
The requested "B-I" District is consistent with the Southeast Area Development Plan's
recommended land use.
Cons: (Ideas in support of maintaining the current zoning.)
a) The subject property is bordered by single-family residences on the north and east sides.
b)
The proposed use is permitted in a "B-1A" District which is more protective of the adjacent
residential area.
Staff Recommendation:
Denial of the "BoI" District, and in lieu thereof, approval of a "B-1A" Neighborhood Business
District. '"
Attachments:
Zoning and Ownership Map
Ownership List
Southeast Area Location Map
\CITYHALL02\USERS\PLN-DIR\ERMA\WORD!ZONRpTS\060012REp. DOC
255 ~
fq /
Jun 13, 2000- RP
100
CASE Z0600-12
)0
Subject Droperty
Owners wi thin 200 feet listed on attached ownership list
/
7
)A. KACZENSKI
0. BOX 270995
CORPUS CHRISTI, TEXAS 78427-0995
U4/04/un 1S:4 S:3Y
ADDRESS 1
ADDRESS 2
IIAIGLER, KAREN LYNN AND
RUTH T HAIGLER
649
SAM STREET
Iv 11,1.111:: I'll",K I..1.
CAEEK TAX ID
LEGAL
DESCRIPTION
Zu6O0 12 : 0095
0005
0170
ALAMEDA
PARK
LT
27
OR 5
01144
nII1P•
UJBu
AI.AMEPA
PARK
I.1
21
ILK 5
UUYS
0005
0:9u
ALAMEDA
I`ANK
1.1'
31
DK 5
0095
0005
0300
ALAMEDA
PARK
LT
30
SK 5
0095
00050110
HARRIS FREDERICK F ET UX
ALAMEDA
PARK
IT
31
BK 5
0095-0005-0310
IANAVILI.S I:Lu•SA'IN FOR
ALAMEDA
PARK
LT
31
BX 5
0095
OOO5
.0120
ALAMEDA
PARK
IT
33
BK 5
0095
0005
0130
ALAMEDA
PARK
LT
33
BK 5
0095
0006
0000
ALAMEDA
PARK
IT
8 BLK 6
OU95
0006.0090
DOE 583
ALAMEDA
PARK
LT
9 BLK 6
0095.0006-0100
FRANCIS GOOD TAYLOR
10522
ALAMEDA
PARK
LT
10
BLK 6
0095-00060110
ALAMEDA
PARK
LT
11
BLX 6
0095
0006
0120
ALAMEDA
PARK
IT
12
BLK 6
N
LII Im'J',
UUOu
UI/U
ALAMEIIA
/•MIK
CI'
11
DLK 6
0055
UUU6
UI40
ALAMEDA
PARK
0'
14
BLK 6
0095
0006.0150
ALAMEDA
PARK
LT
15
BI.( 6
0095
0006
0160
ALAMEDA
PARK
LT
16
BLK 6
0095.0006.0250
ALAMEDA
PARK
LT
25
BLK 6
0095
0006-0260
ALAMEDA
PARK
IT
26
SIX 6
0095
0006.0270
ALAMEDA
PARK
LT
27
BLK 6
0095
ODO6
O280
ALAMEDA
PARK
LT
28
BLK 6
0095.0006
0280
ALAMEDA
PARK
LT
28
BLK 6
SUBJECT 00950006-0290 ALAMEDA PARK LT 29 BLK 6
PROPERTY
0095 0006.0300 ALAMEDA PARK LT 30 BLK 6
0
iALPH COBB
COBB-LUNDQUIST REALTORS, INC.
700 EVERHART ROAD, STE. FII 78411
LX LABELS PROPERTY OWNER REPORT
OWNER
ADDRESS 1
ADDRESS 2
IIAIGLER, KAREN LYNN AND
RUTH T HAIGLER
649
SAM STREET
Iv 11,1.111:: I'll",K I..1.
341 MlIN'AI.AIR
GIIILLEN NY110I.1.1 E'I' OK
641 SAM
BROWN GENE E! UX BARBARA
2201 BROADWAY
DULANEY MARK
322 WILLIAMSON
N 206
DULANEY MARK
322 WILLIAMSON
LOPEZ HICANOR G ET UX
629 SAM
DIMAS RETIE R
4410 SUNLIGHT
WISDOM "BIO/ T
622 SAM
LOPEZ ANTull1O HOMERO ET U
BLANCA C LOPEZ
626
SAM STREET
GUZMAN JOSE JR ET UX
MY" GALLARDO
630
SAM
HARRIS FREDERICK F ET UX
634 SAM ST
CEBAIJ.OS ELOY ET UX ESTHE
10626 OUTPOST DR
IANAVILI.S I:Lu•SA'IN FOR
EI.OI::A BENAVIDEZ REV I.VI:
I. CEI'
NIIHNENY VI(:KI I AND
ARIZONA 0 HALLMARK
444
SAM
ZIMMERMAN MARK WAYNE ETUX
CINDY LYNNE
650
SAM ST
BOWLES W U
654 SAM
VICKNAIR JOHN J JR ETUX
GERTRUDE A VICKNAIR
P O
BOX 331580
VICKNAIR JOHN J JR ETUX
GERTRUDE A VICKNAIR
P O
BOX 311580
KIDD CORPORATION
P O BOX 6675
MUZYC'ZYN JUDY
5402 MEDGEWOOO
P U
DOE 583
MUZYCZI'N JUDY
5402 MEDGEWOOD
GREENE CHARLETIA G AND
FRANCIS GOOD TAYLOR
10522
ROYALWOOD DR
HOWARD JAMES
633 EVERHART
QUERY: PLANNING/LXIREPUNT
CITY
CORPUS CHRISTI
CV IN Ill 1!: f111H:: 1'1
CURI'l1S IHu ISI'I
SAN AN'PDNI0
CORPUS CHRISTI
CORPUS CHRISTI
CORPUS CHRISTI
CORPUS CHRISTI
CORPUS CUR IS'I'1
CORPUS CHRISTI
CORPUS CHRISTI
CORPUS CHRISTI
CORPUS CHRIS'1'1
1:O111'Ily 1'IIN I:�I'1
CORPUS CHRISTI
CORPUS CHRISTI
CORPUS CHRISTI
CORPUS CHRISTI
CORPUS CIIRISTI
CORPUS C'lIRIS'1'I
CORPUS CIIRISTI
DALLAS
CORPUS CHRISTI
PAOL
ST ZIP
TX 78412
IX 1x{12
IX Illi It
TX "70215
TX 76411
TX 70411
TX 78412
TX 18411
1X 'IB411
IX "18412
TX 78412
1'X "16{12
1'X 78410
11 X /IH Id
TX /X{I<
TX 78412
TX '/8412
TX 78463
TX 1846)
TX 78411
IX 18411
'1'X "16411
TX 752)8
TX 70411
06/06/00 15:45:19
PROPERTY OMNER REPORT
OMNER
ADDRESS 1
MOLINA MANY
4505 LAMONT
FERRIS JOEL E ETUX
CASE#
TAE ID
LEGAL
DESCRIPTION
4137 POMPANO
20600 11
.0095
0006
0310 ALAMEDA
PARK
LT 11
BLK 6
MELISSA
0091
0006
0330 AI.AMEDA
PARK
LT ]l
BLE 6
1
6050.001]-0130
POPE
PL 5 LT
13 BLK
31
6858"0032-0140
POPE
PL 5 LT
14 ELK
32
6858"0033"0010
POPE
PL 5 LT
I ELK
33
6858"0033-0010
POPE
PL 5 LT
Z ELK
33
6858
00]1.0010
POPE
PL 5 LT
] ALA
31
6858
0011
0310 POPE
PI. 5 I:P
13 ULK
13
6858-0033-0140
POPE
PL 5 LT
14 BLK
33
6858.0034
0010 POPE
PL 5 LT
I BLK
34
6858-0034.0030
POPE
PL 5 LT
1 BLK
34
LX LABELS
PROPERTY OMNER REPORT
OMNER
ADDRESS 1
MOLINA MANY
4505 LAMONT
FERRIS JOEL E ETUX
CYNTHIA WILSON
BRCOUET ROBERT M ET UX
C/O PRUDENTIAL LIPS CO
BOWERS FRANCES CURTIS
4137 POMPANO
MILLER LLOYD C
4134 POMPANO
0 BRIEN JOSEPH E
4130 POMPANO PL
MUNOZ EDWARD SR
4116 POMPANO
JIMENL'L IIAN F Or UX
MELISSA
PEREZ IGNACIO AND
KAREN PISNEY WFE
POTTS ODR01HY M
4138 MERIDIAN
POTTS DORO131Y M
ADDRESS 3
0210 E'TIENNE DR
4133 POMPANO PLACE
4111 MERIDIAN PLACE
4141 MERIDIAN PLACE
4138 MERIDIAN
4130 MERIDIAN
rn GARY CURRIER, 625 EVERHART ROAD 78411
ALAMEDA PARK, BLOCK 6, LOT 32
TEXAS DEPARTMENT OF TRANSPO-TATION, 1701 S. PADRE ISLAND DR. 78416
LEROY SAN MIGUEL
MAINTENANCE DEPT.
C.C.I.S.D.
CORPUS CHRISTI, TEXAS 78403
im
DURRY: PLANNING/LX]REPORT
CITY
CORPUS CHRISTI
CORPUS CHRISTI
CORPUS CHRISTI
CORPUS CHRISTI
CORPUS CHRISTI
CORPUS CHRISTI
CORPUS CNkIS'PI
CORPUS CIIRISTI
CORPUS CHRIS'll
CORPUS CHRISTI
CORPUS CHRIS'1'1
PAGE
ST ZIP
7'X 79411
IX 18414
1'X 18411
TX 78411
TX 78411
TX 78411
TX 78411
1'X 78411
IX "18411
TX 78411
0'X 78411
4[~no
262 /~
COMMENTS RECEIVED
FROM NOTICES MAILED
Case No. 0600-12
C. A. Kaczenski
· Favor
X - Opposed
('Note: The listed numbers correspond to the attached map.)
I. Notices retumed from within the 200-foot notification area:
Favor:
30)
Ignacio Perez, Jr., 4141 Meridian Place
No written comment.
Opposition:
25)
Frances C. Bowers, 4137 Pompano Place
No written comment.
26)
Lloyd Miller, 4134 Pompano Place
No written comment.
27) J.E. O'Brien, 4130 Pompano Place
"Until more information available on type of business!"
II. Responses received from outside the 200-foot notification area:
Favor:
Ralph W. Cobb. Jr. (Representative), 700 Everhart Road, Ste. F11 78411
No written comment.
Opposition:
Paul P. Brandes, 4150 Harry St.
John E. Bullen, 4145 Harry St.
Bryan Latimer. 4142 Harry St.
Stanley Dolob. 4126 Harry St.
Betsy Keolbassa. 4133 Harry St.
Floyd and Nancy Whitfield. 4138 Harry. St.
"We strongly oppose this request for a zoning change for the same reasons stated
during the last attempt to change zoning in this area."
263
/I
Comments Received
Case No. 0600-12 (C. A. Kaczenski)
Page 2
III.
John and Susan Dougherty, 658 Moray
"Everhart traffic is extremely congested. More business would cause a dangerous
situation."
Ray Govett, 4146 Harry St.
"Once it is zoned for business, there is no control over what type business is
located on the lot. It could be a bar or anything else. There would be no
objection to zoning the lot for special professional office, but almost anything else
would be very undesirable for our neighborhood."
Responses received from owners/applicants of subject area:
Favor:
ODvosition:
Charletta W. Greene (Owner), 10522 Royal Wood Dr., Dallas, Texas
"Mr. Ralph Cobb will represent me. The rezoning is in keeping with surrounding
property."
None.
It:\PLN-DIR\ERMA\WORD\COMMDATAX0600-12COMDOC
Planrang Commission Minutes
June 21, 2000
C. A. Kaczenski: 600-12
REQUEST:
"R-1B" One-family Dwelling District to "B-I" Neighborhood Business District on Alameda Park,
Block 5, Lot 29 and located on the east side of Everhart Road, between Meridian and Pompano
Place.
Mr. Saidaria presented a slide illus~ation of the subject property and the surrounding area. The subject
property is part of a larger area zoned a "R~ 1B" District predominantly'developed with single-family residences.
Adjacent to the south is a 0.23-acre lot zoned a "B-I" Dislnct and occupied with a hair salon. Further north along
Avalon SWeet and extending northwest, an area zoned a "B-I" District containing 8.30 acres developed mostly with
retail establishments. Also along Avalon Street, there are several tracts totaling 1.29 acres that are developed with a
realtors' office, a hair salon and an engineenng office. South of the subject property, there are two (2) u'acts of land
zoned an "AB' Dislrict, a 0.68-acre tract, north of Harry Slzeet, developed with single-family residences, and a 7.27-
acre tract, south of Harry Street, predominantly developed with offices.
Mr. Salda~a stated that the applicant requested a change of zoning to replace the existing residence with a
commercial su'ucmre for a hair salon with retail sales of their haircare products. Over the past five (5) years, the
area has slowly transitioned to nonresidential uses. In November 1999, adjacent lots approximately 100 feet south
of the subject property were granted an "AB' Professional Office District with a Special Permit for limited retail
uses because the "B-I" District uses, such as fueling stations, pawn shops, liquor stores, which were not considered
appropriate in this area. A "B-I A' Neighborhood Business District would prohibit the incompatible uses and at the
same time permit the applicant to operate a hair salon business with related retail sales of the hair care products.
The "B~ IA" Dishlet was designed to be more protective to adjoining residential areas by requiring increased rear
setback, masonry screening, and special provisions for restaurants.
The property is located within the Southeast Area Development Plan which recommends the area to
develop with professional office use. Therefore, Staffs recommendation is denial of the "B-I" District, and in lieu
thereof, approval of the "B-1A" Neighborhood Business District.
In response to Comrrassioner Sween-McGloin's question regarding the requirement of landscaping and
parking ordinance, Mr. Salda~a stated that the applicant would be required to abide by the landscaping and parking
ordinances due to the fact that there would be new coustruction of a building on the property,
Chairman Underbrink opened the public hearing.
C. A. Kaczenski, 6301 Old Brownsville Road, stated that he purchased the property and plans to develop a
hair salofi. Mr. Kaczenski stated that he agreed with Staffs recommendation.
Chairman Underbrink closed the public hearing.
Motion by Mires, seconded by Sween-McGloin. to deny the "B-I" District and in lieu thereof approve a
"B-1A" Neighborhood Business District. Motion passed unanimously.
265
Page 1 of 3
AN ORDINANCE
AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY C. A.
KACZENSKI, BY CHANGING THE ZONING MAP IN REFERENCE TO
LOT 29, BLOCK 6, ALAMEDA PARK, FROM "R-1B" ONE-FAMILY
DWELLING DISTRICT TO "B-1A" NEIGHBORHOOD 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 C. A. Kaczenski, for amendment to the
zoning ordinance and zoning map of the City of Corpus Chdsti;
WHEREAS, with proper notice to the public, public headngs were held on Wednesday,
June 21, 2000, during a meeting of the Planning Commission, and on Tuesday,
August 29, 2000, 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 of Lot 29, Block 6, AlamedaJ=ark, located on the east
side of Everhart Road, between Meridian and Pompano Places, from "R-1B" One-family
Dwelling District to "B-1A" Neighborhood Business District.
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 I 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, 1973, 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.
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.
\~C~T~HALL~2XUSERS~-EG~D~R\VER~N~CA\DD~URT~S~.1YD~CS``2~P&Z~RD~:)~YLEC.~Z~6~12A~d~c
2,7
Page 2 of 3
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 29th day of August, 2000.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Samuel L. Neal, Jr.
Mayor, The City of Corpus Christi
APPROVED AS TO LEGAL FORM August 21, 2000
James R. Bray, Jr.
Senior Assistant City Attorney
\\~TYH~LL~2\USERS~LE~D~R\VER~;~qCA\~DD~URT1S~M~9~`~-C~P&Z`~RD~D~YLEC~-~6~12AD~C
Page 1 of 3
AN ORDINANCE
AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY C. A.
KACZENSKI, BY CHANGING THE ZONING MAP IN REFERENCE TO
LOT 29, BLOCK 6, ALAMEDA PARK, FROM "R-1B" ONE-FAMILY
DWELLING DISTRICT TO "B-I" NEIGHBORHOOD 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 C. A. Kaczenski, for amendment to the
zoning ordinance and zoning map of the City of Corpus Christi;
WHEREAS, with proper notice to the public, public hearings were held on Wednesday,
June 21, 2000, dudng a meeting of the Planning Commission, and on Tuesday,
August 29, 2000, dudng 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 of Lot 29, Block 6, Alameda Park, located on the east
side of Everhart Road, between Meridian and Pompano Places, from "R-1 B" One-family
Dwelling District to "B-1" Neighborhood Business District.
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 I 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, 1973, 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.
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.
\~C~TYHALL~2\USERS~-EG~D~R~VER~N~CA``~D~URTiS~v~YD~CS~2~°&Z~RD~\D~YLEC~-~6~12B~d~c
270 /(i~
Page 2 of 3
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 wdtten request of the Mayor or five Council members, copy
attached, the Cib/Council (f) 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 29th day of August, 2000.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Samuel L. Neal, Jr.
Mayor, The City of Corpus Christi
APPROVED AS TO LEGAL FORM August 21, 2000
James R. Bray, Jr.
\~`C~TYHALL~2~USERS~-EG-~RWER~N~CA\~CURT~S~MY~CS~2~P&Z~RD~D~YLEC~6~12B~D~C
271
AGENDA MEMORANDUM
PUBLIC HEARING - ZONING (City Council Action Date: August 29, 2000)
Case No. 0600-13, E. V. De Leon: A change of zoning from an "I-2" Light Industrial Diswict and
"R-1B' One-family Dwelling District to a "j~-4" General Business District on 2.527 acres out of Forsman Tract,
located on the northwest corner of Morgan Avenue and Espinosa SWeet.
Planning Commission and Staff's Recommendation (06/21/00): Approved.
Requested Council Action: Appoval of the "B-4" General Business District and adoption of the attached
ordinance.
PurnoseofRe~uest: To develop the subject property with retail stores.
Summary: The applicant has requested a change of zoning to a "B-4" General Business Diswict in order to develop
the 2.5-acre subject property with retail center. The south portion of the subject property zoned an "1-2" District
(0,854 acres) fronts an arterial, Morgan Avenue and is developed with an auto repair facility and a fence company.
The north portion is zoned an "R-IB" District (1.673 acres) and is partially developed with a single-family residence
with the bulk of the area remaining undeveloped. This "R-IB" District area has direct access to a local sweet,
Espinosa SWeet. South of the subject property, the area is zoned a "B4" District and developed with various types of
commercial establishments. North of the subject property, the area is zoned an "R-IB" District and remains
undeveloped. Single-family residences are situated to the north across Highland Avenue and to the east across
Espinosa Sweet. Approval of a "B-4" District on the subject property would be an expansion of the adjacent "B-4"
District. The area east of Espinosa Street is predominantly developed with single-family residences. West of the
subject property, there is a 120-foot wide "R-IB" strip partially developed with multiple-family and single-family
sWucture and a "B-4" District across Rosewood Street. A "B-4" District would allow opportunities for
redevelopment in an area that has remained stagnant. Access to Espinosa SWeet, a residential street, from the subject
property would be prohibited by the Driveway Ordinance. The Westside Area Development Plan recommends the
ar~a to develop with general commercial uses.
Annlicant's Position: The applicant concurs with Planning Commission and Staffs recommendation.
Notification: Prior to the date of this memorandum, forty-one (41) notices were mailed to the property owners
within a 200-foot radius, of which none were returned in favor or in opposition. The 20% rule is not in effect.
MG/MS/er
Attachments:
1) Zoning Report Pages 2-11
2) Comments Received Page 12
3) Planning Commission Minutes Page 13
4) Ordinance Pages 14-15
H:XPLN-DIR~RMA\WORD~AGENDMEM~0600-13AGENDAMEMO.DOC
273
CITY COUNCIL
ZONING REPORT
Case No.:
Planning Commission
Hearin~ Date:
Map No.:
Applicant:
Legal Descrintion/Location:
0600-13
June 21,2000
70-13 (J14B)
E. V. DeLeon
Being the south 2.527 acres out of Forsmart Tract, located on the northwest comer of Morgan
Avenue and Espinosa Street.
Area of Re~luest:
Lot(s) Area:
Current Zoning:
Request:
Current Use of ProOertv:
2.527 acres
Same as above.
"R-1B" One-family Dwelling District and "I-2'
Light Industrial District.
"B-4" General Business District.
Fence company; auto repair facility, single-
family residence and undeveloped land.
Develop the subject property with retail stores.
Not applicable.
Purpose of Request:
Zoning Change Requested Due
to Notice of Violation:
Adiacent Zoning:
North - "R- I B" One-family Dwelling District
South - "B-4" General Business District
East, West - "R-I B" One-family Dwelling District and "I-2' Light Industrial District
274 ~,
Zornrig Report
Case No. 0600-13 (E. V. DeLeon)
Page 2
Adiaeent Land Use:
North - Undeveloped land.
South - (across Morgan Avenue) Retail food store (H.E.B. Food Store)
East - Undeveloped land and (across Espinosa Street) single-family residences.
West - Multiple-family building, single-family residence, undeveloped land and a restaurant.
Number of Residential Units Allowed:
"R-1B" - 12 units (7.26 dwelling units per acre on 1.673 acres)
"I-2" - Permanent or temporary housing or lodging is not permitted except for a caretakers quarters.
"B-4" - 92 units (36.30 dwelling units per acre)
Estimated Traffic Generation:
Specialty retail center - 40.67 avenge weekday vehicle trip ends per 1,000 square feet of gross floor
area x 22,313 square feet of gross floor area (ITE Trip Generation Manual) = 907 avenge weekday
vehicle trip ends.
Adiaeent Streets/Classification:
a) Morgan Avenue - arterial.
b) Espinosa Street - local.
Right-of-Way Desi~n
Current:
a) gO-foot fight-of-way with a 62-foot back-to-back paved section.
b) 50-foot right-of-way with a 28-foot back-to-back paved section.
Planned:
a, b) Same as current.
1996 Traffic Count (24-hour. weekday. non-direetional):
a) 10,390 vehicles per day (west of Rose~vood Street)
b) None available.
Zoniml History of Property:
There has been no rezoning activity within the past five (5) years.
275
Zoning Report
Case No. 0600-13 (E. V. DeLcon)
Page 3
Recent Surroundin~ Zonin2 Cases:
There has been no rezoning activity in the area within the past five (5) years.
Zonin~ Inventory:
The north 1.673 acres of the subject property is part of a 225.49-acre tract of land zoned "R-1B"
District and developed with single-family residences, a school and a community park. The south
0.854 acre of the subject property is part of a 57-22-acre tract of land zoned an "I-2" District that
extends east along Morgan Avenue. This "I-2" District area is predominantly developed with
commercial uses that includes restaurants, bars, and auto repair facilities. Southwest from the
subject properly, there are 112.51 acre of land zoned a "B-4" District developed with retail
establishments, restaurants, bars, auto sales and auto repairs. Southeast from the subject property,
there are 11.06 acres of "R-1B' District zoned land developed with single-family residences.
Northeast of the subject property, there are 4.87 acres of land zoned a "B-I" District that is
developed with bars, laundromat, single-family and multiple-family uses.
Plannin2 Staff Analysis:
General Characteristics and Background: The applicant has requested a change of zoning
to a "B4" General Business District in order to develop the subject property with a 2.5 acre
retail center. The south portion of the subject properly zoned an "I-2" District (0.854 acres)
fronts an arterial, Morgan Avenue and is developed with an auto repair facility and a fence
company. The north portion is zoned an "R-1B" District (1.673 acres) and is partially
developed with a single-family residence with the bulk of the area remaining undeveloped.
This "R-1B" District area has direct access to a local street, Espinosa Street. South of the
subject property, the area is zoned a "B-4" District and develo. ped with various types of
commercial establishments. North of the subject property, the area is zoned an "R-1B"
District and remains undeveloped. Single-family residences are situated to the north across
Highland Avenue to the east. Approval of a "B-4" District on the subject property would be
an expansion of the adjacent "B-4" District. The area east of Espinosa Street is
predominantly developed with single-family rasidences. West of the subject property, there
is a 120-foot wide "R-1B" strip partially developed with multiple-family and single-family
structure and a "B-4" District across Rosewood Street. A "B-4" District would allow
opportunities for redevelopment in an area that has remained stagnant. Access to Espinosa
Street, a residential street, from the subject property would be prohibited by the Driveway
Ordinance.
Conformity to the Comprehensive Plan and Land Use ComVatibilitv: Overall, the
Comprehensive Plan Elements can be supportive of the requested "B-4" District due to its
arterial access and commemial adjacency. The Westside Area Development Plan's adopted
future land use map recommends the area to develop with general commercial uses with the
area east of Espinosa Street to develop with single-family residential. The requested "B-4"
District is consistent with the Plan's recommended land use map.
277 ~
Zoning Report
Case No. 0600-13 (E. V. DeLeon)
Page 4
Potential Housin~ Density: An "R-I B" District permits a density of 7.26 dwelling units per
acre or 12 units on 1.673 acres of the subject property. An "I-2" District does not permit any
permanent or temporary housing or lodging except for a caretaker's quarters. The "B-4"
District permits a residential density of 36.30 dwelling units per acre or 92 units on the
subject property. With direct access to an arterial, Morgan Avenue, the increase in density
will not adversely impact the area.
Heiv. ht/Bulk/Setbacks/Etc.: Setbacks in the "R-1B" District are 25 feet for the from yard and
five (5) feet each for the side and rear yards. Both the "B-4" and "I-2" District require a front
yard setback of twenty (20) feet and no side or rear yard setbacks unless adjacent to a
residential district where a setback of ten (10) feet is required. Approval of the "B-4"
District will require a setback often (I0) feet along the north boundary line and along the
north 185 feet of the west boundary line. The "R-1B" District limits the building height to
35 feet not to exceed three (3) stories, whereas, both the "B-4" and "I-2" Districts do not
limit building heights.
Simaage: Signs in the "R-1B" District are limited to one wall sign not to exceed one square
foot in area. The "B-4" and "I-2" Districts permit unlimited wall and freestanding signs
provided the signs are located behind the front yard setback. Freestanding signs within the
front yard setback are limited to one sign per s~eet frontage with an area of forty (40) square
feet and a height of 25 feet. The "I-2" District also permits off-premise signs (billboards).
Traffic: Development of the subject property with a retail center could generate 907 daily
trip ends. This traffic will have direct access to Morgan Avenue, an arterial, which is able
to handle the increase in traffic. When a property has direct to an arterial, the Driveway
Ordinance does not permit access to Espinosa Street, a local street.
Parkinv./Screenin~: Retail development is required to provide one off-street parking space
for each 200 square feet of gross floor area. Compliance with the parking regulations will
be required during the permitting phase of the development. A standard screening fence with
a height of not less than six (6) feet is required when a business or industrial uses locates
adjacent to a residential district. A screening fence will be required along the north boundary
line and along the north 185 feet of the west boundary, line.
Costs to City: All of the infrastructure required to serve the proposed development is in place
and no costs to the City is anticipated.
Platting: The subject property is the south portion of a platted lot and will be require
replatting before a building permit is issued.
279
Zoning Report
Case No. 0600-13 (E. V. DeLeon)
Page 5
Pros: (Ideas in support of the request.)
a) The r~quested "B-4" District is consistent with the Westside Area Developmen~ Plan's
recommended land use.
b) The subject property' s direct access to an arterial eliminates the residential access by
nonresidential traffic.
c) The requested "B-4" District is an expansion of the adjacent "B-4" District to the south.
Cons: (Ideas in support of maintaining the current zoning.)
a) Approval of the "B-4" District would extend the commercial area further into the residential
area.
Staff Recommendation: Approval.
Attachments: Zoning and Ownership Map
Ownership List
Westside Area Location Map
H:\PLN-DIR\ERMA\%VORD~ONRPTS\060013REP.DOC
280 {~
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' CASE Z060.1}-13 ~ ~ cs~
I ~ 281:
E. V. DE LEON
P. 0. BOX 270445 78427
NEDINA ENGINEERING
2434 SACKY DR. 78415
0e/D1/110 OS -30:47
LX LABELS
PROPERTY OWNER REPORT
PAGE
CASO!
TAX ID
LEGAL DESCRIPTIGN
OWNER
ADDRESS 1
ADDRESS 2
CITY
ST
ZIP
Z060D 13
1730
0000-0020
J P CONNELL FARM LTS 74.84' X
GARCIA ROBERTO V 6
JAMIE GARCIA
.302 VIRGINIA
CORPUS CHRISTI
TX
78405
1730-0000-0020
114. OUT OF LT 3
GARCIA ROBERTO V 6
JAM I6 GARCIA
302 VIRGINIA
CORPUS CHRISTI
TX
78405
1730.0000-0055
J P CONNELL FARM LTS 4.40
ACS
BUTT H E GROCERY CO
C\O PROPERTY TAX DEPARTME
PO BOX 839999
SAN ANTONIO
TX
78283
1730-0000-0055
AT MORGAN AND BALDWIN
BUTT II E GROCERY CO
C\O PROPERTY TAX DEPARTME
PO BOX 039999
SAN ANTONIO
TX
78283
1730-0000"0160
J P CONNELL FARM LTS 50'
X 114
GARCIA ROBERTO V 6
JAMIE GARCIA
302 VIRGINIA
CORPUS CHRISTI
TX
78405
1730
00000160
' OUT OF LT 3 MORGAN AVE B ROS
GARCIA ROBERTO V 6
JAMIE GARCIA
302 VIRGINIA
CORPUS CHRISTI
TX
78405
1730-0000"0160
EWOOD ST
GARCIA ROBERTO V 6
JAMIE GARCIA
302 VIRGINIA
CORPUS CHRISTI
TX
78405
SUBJECT
.'"'.BI
0000
01110
PUNSMAN IR (111'1' OF 1.1S 1 L
2 J
FORSMAN CLIN'1lIN 11
1 RUNAIA FOREMAN
5332 12111 AVENUE SOUTII
MINNEAPOLIS
MN
5541/
PROPERTY
2587-0000-0010
P CONNELL FRM LTS PORTION
USED
FORSMAN CLINTON H
I RONALD FORSMAN
5112 12TH AVENUE SOUTB
MINNRAPOLIS
MN
55417
2587.0000-0010
AS BUSINESS
FORSMAN CLINTON H
1 RONALD FORSMAN
5332 12TH AVENUE SOUTH
MINNEAPOLIS
MN
55417
2587.0000"0010
FOREMAN TR OUT OF LTS 1 L
2 J
FOREMAN CLINTON II
1 RONALD FOREMAN
8575 COUNTY RD 6 NW
ANNANDALE
MN
55302
2587-0000-0010
P CONNELL FRM LTS PORTION
USED
FORSMAN CLINTON It
1 RONALD FOREMAN
8575 COUNTY RD 6 NW
ANNANDALE
MN
55302
2587-0000-0010
AS BUSINESS
FORSMAN CLINTON H
I RONALD FOREMAN
8575 COUNTY RD 6 NW
ANNANDALE
MN
55302
SUBJECT
PROPERTY
2561
0000
0011
FORSeAN TR OUT OF LTS 1 6
2 J
FOREMAN CLINTON 11
1 RONALD FGRSHAN
932 12TH AVENUE SOUTH
MINNEAPOLIS
MN
55417
N
0=
25070000"0011
P CONNELL FRM LTE PORTION
USED
FOREMAN CLINTON It
1 RONALD FOREMAN
5332 12TH AVENUE SOUTH
MINNEAPOLIS
MN
55417
N
2587-0000"0011
AS RESIDENCE
FOREMAN CLINTON H
I RONALD PORSMAN
5332 12TH AVENUE SOUTH
MINNEAPOLIS
MN
55417
2587-0000
0011
FOREMAN TR OUT OF LTS 1 6
2 J
FORSMAN CLINTON H
i RONALD PORSMAN
0575 COUNTY RD 6 NW
ANNANDALE
MN
$5302
2587-0000-0011
P CONNELL FRM LTS PORTION
USED
FORSMAN CLINTON N
1 RONALD FORSMAN
8575 COUNTY RD 6 NW
ANNANDALE
HN
55302
2587-0000-0011
AS RESIDENCE
FORSMAN CLINTON 11
1 RONALD PORSMAN
8575 COUNTY RD 6 NW
ANNANDALE
MN
55302
4042-0001-0090
LA BAIIIA LT 9 BLK A
TORRES ELIZABETH
1122 ESPINOZA
CORPUS CIIRISTI
TX
78405
4042
0001-0100
LA BAHIA LT 10 BLK A
MARTINEZ DANNY 6 JIORA MAR
1121 SABINAS
CORPUS CHRISTI
TX
IS405
4042.0001-0110
LA BAIIIA LT 11 BLK A
OROZCO JOSE RAUDEL
1203 SABINAS
CORPUS CHRISTI
TX
78405
4042
0001
0120
LA DANIA LT 12 BLK A
CIIAPA JOSE IIELIBERTO JR
1207 SABINAS
1009 DUNCAN
CORPUS CHRISTI
TX
79405
4042
0001"0120
LA BAIIIA LT 12 BLK A
CIIAPA JOSE IIELIBERTO JR
1207 SABINAS
CORPUS CHRISTI
TX
78405
QUERY. PLANNINGILX31EPORT
0
06/07/00 09:30:47
PROPERTY OWNER REPORT
OWNER
ADDRESS 1
DE LA PAZ MARIA M
1209 SABINAS
GONNA THEODOR$ IT UX
1213 SABINAS
GARCIA CONCEPCION
CASE#
TAX ID
BRENDA ELIZABETH WILSON
PENA ISMAEL
LEGAL DESCRIPTION
PENA ISMAEL
20600 13
4042
0001-0130
VAI.ADEZ RICHARD R
LA
BAIT IA
LT
13
BLK A
CAVAZOS JOE SIMON
4042-0001-0140
CAVAZOS PAUL WILLIAM ANO
VINCENTE LUNA CAVAZOS JR
LA
BAHIA
LT
14
BLK A
1200 ESPINOSA
4042-0001-0150
C/O MARIA P TREVINO
LOPEZ DANIEL
LA
BAHIA
LT
15
BLK A
PENA ADALBERTO
4042-0001-0160
BUTT H E GROCERY CO
C\O PROPERTY TAX DEPARTME
LA
BAHIA
LT
16
BLK A
MARIA MAGDALENA ARNICA
4042-0001-0110
LA
BAHIA
LT
17
BLK A
4042.0001-0170
LA
BAHIA
LT
17
BLK A
40420001.0180
IA
NMI IA
LT
18
BLK A
40420001-0190
LA
BAHIA
LT
19
BLK A
4042
0001
0200
LA
BAHIA
LT
20
BLK A
40.:..
. _
.-:
.-
�L,: A
4042.0001-0210
LA
BAHIA
LT
21
BLK A
4042-0001
0220
LA
BAHIA
LT
22
BLK A
4042-0001
O230
LA
BAHIA
LT
23
BLK A
4042.00OI-0240
LA
BAHIA
LT
24
BLK A
N
W
9092
00010250
LA
BAN 1A
LT
25
BLK A
W
4042-0001-0260
LA
BAHIA
LT
26
BLK A
4042-0001-0270
LA
BAHIA
LT
27
BLK A
40420001'0290
IA
BAHIA
IT
2E
INA A
4042
00020010
LA
BAIT IA
LT
I BLE B
4042-0002-0020
LA
BAHIA
LT
2 BLK B
40470001-0010
LA
GLORIA LT 1
BK I A
40470001
0020
LA
GLORIA LT 2
BK 1 A
4047-0001-0030
LA
GLORIA LT
3
BE 1 A
4047.0001-0040
LA
GLORIA LT
4
BE 1 A
12
LX LABELS
PROPERTY OWNER REPORT
OWNER
ADDRESS 1
DE LA PAZ MARIA M
1209 SABINAS
GONNA THEODOR$ IT UX
1213 SABINAS
GARCIA CONCEPCION
1217 SABINAS
PENA ISMAEL ET UX
BRENDA ELIZABETH WILSON
PENA ISMAEL
405 POLARIS
PENA ISMAEL
405 POLARIS
VALADEZ RICHARD R
4303 S PADRE ISLAND DRIVE
VAI.ADEZ RICHARD R
4303 S PADRE ISLAND DR
PENA ADALBERTO ET AL
3114 MORGAN
CAVAZOS JGE SIM0N
1218 ESPINOSA STREET
CAVAZOS JOE SIMON
1218 ESPINOSA STREET
CAVAZOS PAUL WILLIAM ANO
VINCENTE LUNA CAVAZOS JR
LEAL JUAN
1212 ESPINOSA
MOLINA ANTONIO
4 VICTOR MOLINA
PLATA JOSE N
1200 ESPINOSA
DIAZ SOTERO ETUX JULIA M
C/O MARIA P TREVINO
LOPEZ DANIEL
1122 ESPINOSA
JUAREZ ALBERTO Y AND ETUX
C/O LUIS REY MENDEZ AND E
PENA ADALBERTO
3114 MORGAN
PENA ADALBERTO
3114 MORGAN
BUTT H E GROCERY CO
C\O PROPERTY TAX DEPARTME
GONZALES ADOLFO M
5225 FULWELL
GONZALES ANTONIA J
1323 ESPINOSA
ARRIAGA FRANCISCO ETUX
MARIA MAGDALENA ARNICA
QUERY: PLANNING/LX3REPORT
ADDRESS 2
405 POLARIS PLACE
422 ALEXANDER DRIVE
121E ESPINOSA STREET
1216 ESPINOSA
1110 ESPINOSA
1204 ESPINOSA
1120 ESPINOZA
PO BOX 839999
4106 REDWOOD DR
CITY
CORPUS CHRISTI
CORPUS CHRISTI
CORPUS CHRISTI
CORPUS CHRISTI
CORPUS CHRISTI
CORPUS CHRISTI
CORPUS CHRISTI
CORPUS CIIRISTI
CORPUS CHRISTI
CORPUS CHRISTI
CORPUS CHRISTI
CORPUS CHRISTI
CORPUS CHRISTI
CORPUS CHRISTI
CORPUS CHRISTI
CORPUS CHRISTI
CORPUS CHRISTI
CORPUS CHRISTI
CORPUS CHRISTI
CORPUS CHRISTI
SAN ANTONIO
CORPUS CHRISTI
CORPUS CHRISTI
CORPUS CHRISTI
PAGE
ST ZIP
TX 78405
TX 78405
TX 78405
TX 70418
TX 78418
TX 78418
TX 78411
TX 18411
TX 78405
TX 78405
TX 78405
TX 70405
TX 78405
TX 78405
TX 78405
TX 79405
TX 78405
TX 78405
IX 70415
TX 78415
TX 78283
TX 70413
TX 78405
TX 70411
2
06/07/00 09:30.47
L% LABELS
PROPERTY OWNER REPORT
PACE 3
CASEN
TAX ID
LEGAL DESCRIPTION
OWNER
ADDRESS 1
ADDRESS 3
C17Y
ST
ZIP
GLORIA I BK 2 B
GARZA VENDING SERV INC
4833 AYERS ST.
CORPUS
CHRISTI
TX
28415
20600
13 4047
0002-0010
LA LT
4041.0002-0020
LA GLORIA IT 2 BK 2 B
GARCIA NICOLAS BY UX
JOSEPINA C GARCIA
2645 NEMEC
CORPUS
CHRISTI
TX
28415
20 BK 2 B
LARA JOE LUIS
2210 CARVER
CORPUS
CHRISTI
TX
28405
4047
0002
0200
LA GLORIA LT
5000-0000-0000
MEADOW PARK TR A
CITY OF CORPUS CHRIST[
P 0 BOX 9222
3201 AYERS
CORPUS
CHRISTI
TX
28469
5000-0000-OD00
MEADOW PARK TR A
CITY OF CORPUS CHRISTI
P O BOX 9277
CORPUS
CHRISTI
T%
28469
7516
0001-0010
ROSEWOOD SID LT 1 RK 1
OLIVAREZ ANTONIO
1414 VAN LOAN
CORPUS
CHRISTI
T%
28407
2516.00010020
ROSEWOOD SID LT 2 BE 1
GARCIA JOE H ETUX
MANUELA GARCIA
3205 HIGHLAND AVE
CORPUS
CHRISTI
T%
78405
2516-0001-0030
ROSEWOOD SID LT 3 BK 1
URIBE ANITA
4450 SHAW
CORPUS
CHRISTI
TX
78416
2516
0002.0040
ROSEWOOD SID LT 4 BK 2
BONILLA WILLEM D
5102 WOOLDRIDGE
CORPUS
CHRISTI
TX
70413
9803-00010010
J B WOOD LT 1 BK 1
OUTTERSON JERRY D
7405 SKYKING
CORPUS
CHRISTI
T%
78414
9BD
-0001-0020
J B WOOD LT 2 BK 1
DORM JUAN C
510 ROSEWOOD
CORPUS
CHRISTI
TX
78405
9803-0001
0030
J B WOOD LT 3 BK 1
REYES SANTIAGO P ET UX
6825 BRAESVALLEY DR
CORPUS
CHRISTI
TX
78413
9003
0001-0045
J 8 WOOD LT 4A BK 1
MOLINA FERNANDO
3154 MORGAN AVE
CORPUS
CHRISTI
T%
76405
9803
0001.0050
J B WOOD LT 5A BK 1
MOLINA FERNANDO
3154 MORGAN AVE
CORPUS
CHRISTI
TX
78405
N
W
9803-0001-0080
J B WOOD PT OF IT 7, E/2
OF LT VILLARREAL MICHELE RENEE
3545 AUSTIN
CORPUS
CHRISTI
T%
78911
A
9893-0001-0080
S 8 AND 9 BX 1
VILLARREAL MICHELE RENEE
3545 AUSTIN
CORPUS
CHRISTI
TX
70411
9803-0001-0085
J B WOOD LT BA BK I
VILLARREAL ROSALINDA N
4238 CAMBRIDGE
CORPUS
CHRISTI
T%
78415
HOOD LT 10 BK 1
VILLARREAL MICHELE RENEE
3545 AUSTIN
CORPUS
CHRISTI
TX
78411
9803
0001
0100
J B
9803.00010110
J H HOOD LT 11 UK 1
EARNART JOHN V
614 ROSEWOOD
CORPUS
CHRISTI
TX
78405
COUNT 61
•• E N D
O F R
E P 0
R T
••
,
LEROY SAN MIGUEL
MAINTENANCE DEPARTMENT
CORPUS CHRISTI I.S.D.
TEXAS DEPARTMENT OF TRANSPORTATION P. 0. DRAWER 110 78403
1701 S. PADRE ISLAND DR. 78416
QUERY: PLANN INC/LX3REPORT
O
285
//
COMMENTS RECEIVED
FROM NOTICES MAILED
Case No. 0600-13
E. V. De Leon
· Favor
X Opposed
(Note: The listed numbers correspond to the attached map.)
Notices returned from within the 200-foot notification axea:
Favor: None.
Opposition: None.
II.
Responses received from outside the 200-foot notification area:
Favor: None.
Opposition: None.
III.
Responses received from owners/applicants of subject area:
Favor: None.
Opposition: None.
H:\PLN-DIR\ERMA\WORD\COMMDATA~0600-13COM.DOC
Planning Commission Minutes
June 21~ 2000
E. V. DeLeon: 0600-13
REQUEST:
"I-2" Light Industrial Dis .uict and "R-1B" One-family Dwelling District to "B4" General
Business District on property, being the south 2.527 acres out of FoBman Tract and located on the
northwest comer of Morgan Avenue and Espinosa Street
Mr. Saldah presented a slide illustration of the subject property ind the surrounding area. The north 1.673
acres of the subject property is pan of a 225.49-acre tract of land zoned "R-1B" District and developed with single-
family residences, a school and a commumty park. The south 0.854 acre of the subject property is part of a 57.22
acre tract of land zoned an "I-2" Dismet that extends east along Morgan Avenue and is developed with an auto
repair facility and a fence company. The north portion is zoned an "R-1B" District (1.673 acres) and is partially
developed with a single-fay residence with the bulk of the area remaining undeveloped. This "R-1B" District has
direct access to a local sUceet, Espinosa Street. South of the subject property, the area is zoned a "B-4" Dismet and
developed with various types of commercial establishments. North of the subject property, the area is zoned an
"R-1B" District and remains undeveloped. Single-family residences are situated to the north across Highland
Avenue to the east. Approval of a "B-4" District on the subject property would be an expansion of the adjacent
"B-4" District. The area east of Espinosa Street is predominantly developed with single-family residences. West of
the subject property, there is a 120-foot wide "R-1B" strip partially developed with multipie-family and single-
family structures and a "B-.4" District across Rosewood Street. A "B-4" DisUict would allow opportunities for
redevelopment in an area that has remained stagnant. Access to Espinosa Street, a residential street, from the subject
property would be prohibited by the Driveway Ordinance. Therefore, Staff recommends approval.
In response to Comnussion's question regarding the request for a "B-4" District, Mr. Saidaria stated that the
"B--4" District would eliminate the "I-2" District that permits outside storage and auto repair, which is not
appropriate for the area.
Chairman Underbrink opened the public hearing. No one appeared in favor or opposition. Public hearing
was closed.
Motion by Berlanga, seconded by Sween-McGloin, to approve Staff's recommendation. Motion passed
unanimously.
287
Page I of 3
AN ORDINANCE
AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY E. V.
DELEON, BY CHANGING THE ZONING MAP IN REFERENCE TO THE
SOUTH 2.527 ACRES OF FORSMAN TRACT OUT OF LOTS 1 & 2, J.P.
CONNELL FARM LOTS , FROM "R-1B" ONE-FAMILY DWELLING
DISTRICT AND "1-2" LIGHT INDUSTRIAL DISTRICT TO "B-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 E. V. DeLeon, for amendment to the
zoning ordinance and zoning map of the City of Corpus Christi;
WHEREAS, with proper notice to the public, public hearings were held on Wednesday,
June 21, 2000, during a meeting of the Planning Commission, and on Tuesday,
August 29, 2000, 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 of 2.527 acres out of Forsmart, located on the
northwest comer of Morgan Avenue and Espinosa Street, from "R-1 B" One-family
Dwelling District and "I-2" Light Industrial Distdct to "B-4" General Business District.
Metes and bounds description attached as Exhibit A.
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, 1973, 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.
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.
\\~TYHALL~2~USERS~LEG~D~RxVER~N~CA\DD~URTIS~MYD~CS~P&Z~RD~\D~YLEC~-~6~13A~d~c
288
Page 2 of 3
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 Chdsti 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 29th day of August, 2000.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Samuel L. Neal, Jr.
Mayor, The City of Corpus Christi
APPROVED AS TO LEGAL FORM August 21, 2000
James R. Bray, Jr.
Senior Assistant City Attorney
\\C~TYHALL~2\USERS~LEG~D~R~VER~N~CA~DCURTIS~1Y~CS~P&Z~RD~D~YLEC~Z~6~13A`D~C
289
AGENDA MEMORANDUM
PUBLIC HEARING - ZONING (City Council Action Date: August 29, 2000)
Case No. 0700-02, St. Luke's United Methodist Church: A change of zoning from an "A-I"
AparUnent House District to a "B-I" Neighborhood Business Disnict on Lindale Park Unit 4, Block 36, Lots 1
and 2, located on the northwest comer of McCall Street and Reid Drive.
Plannine Commission and Staff's Recommendation (07/19/00): Denied the "B-I" District, and
in lieu thereof, approved a Special Pergut for an off-site parking lot with a two (2)-year time limit subject to five
(5) conditions.
ReQuested Council Action: Denial of the "B-I" Dislrict, and in lien thereof, approved a Special Permit for
an off-site parking lot with a two (2)-year time limit subject to five (5) conditions and adoption of the attached
OrdinanCe.
PurnoseofReauest: To develop un off-site church parking lot.
Summary: The applicant has requested a change of zoning from an "A-I" Apartmere Hons~ District to a "B-I"
Neighborhood Business District in order to provide an off-site parking lot for a church. The applicant's church is
located across McCall Street to the south. A "B-I" District will allow an off-site parking lot. The applicant plans to
remove the existing single-family residence. A stand-alone parking lot or off-site parking requires at a minimum a
"B-I" Neighborhood Business DisWict. Since the proposed parking area is separated by stzeet right-of-way from the
church property, it is considered off-site parking.
Access to the subject property will be from McCall Street and Reid Drive, both classified as local slyeels.
Neighborhood churches have typically been allowed to provide off-site parking lots through the use of a Special
PernatL Approval of a "B-I" District would introduce commercial uses that are not consistent with the existing
residential area, such as 24-hour convenience stores, self-service car washes, and chive-through restaurants. These
types of uses are disruptive to a residential neighborhood due to late hour operations and traffic. A commercial
zoning district would not be appropriate. Because of the lack of parking, the church needs the off-site parking.
According to the applicant, parishioners were parking across Reid Drive in the H.E.B. tract. Since the
re, development of the H.E.B. property and installation of a screening fence along Reid Drive, the vehicles are now
screened from the church which makes the parishioners uncomfortable leaving their car where they cannot see it.
The proposed off-site parking lot can be accomplished through a Special Permit that will provide protection to the
surrounding residential area. The Special Permit can limit the number of driveways, require a screening fence, and
additional landscaping.
The planning Commission and Staff recommend the following five (5) conditions:
l)
USE: The only use authorized by this Special Permit other than uses permitted by the "A-I" Apartment
House District is an off-site parking lot serving the church located to the south on Lots 1 through 4 and 25
through 29, Block 38, Lindale Park Unit 4. Overnight parking and parking of large commercial macks (18-
wheelers) are prohibited.
2)
SCREENING: A standard screening fence with a height of not less than six (6) feet must be installed along
the north and west property lines. The standard screening fence must be tapered down to a height not to
exceed three (3) feet for that part of the fence within ten (I0) feet of the McCall Street right-of-way line.
The screening fence must be installed within one year from the date of this ordinance.
3)
LIGHTING: All lighting on the property must be directional lighting and must be directed away from
surrounding residential properties.
291
Agenda Memor/ndum
August 29, 2000
Case No. 0700-02 (St. Luke's United Methodist Church)
Page 2
4)
LANDSCAPING: Landscaping must comply with the Landscape Kegulations as if the property were
zoned a "B-l" Neighborhood Business District, In addition to the required landscaping by the Landscape
Regulations, a canopy tree with a height of not less than six (6) feet mast be located every fifty (50) feet on
center along the McCall Street and the Reid Drive frontage.
s)
TIME LIMIT: Such Special Permit shall be deemed to have expired within one year of the date of this
ordinance unless the property is being used as outlined in Condition #1 and in compliance with all other
conditions.
Annlicant's Position: The applicant concurs with Planning Commission and StafFs recommendation.
Notification: Prior to the date of this memorandum, twenty-two (22) notices were mailed to the property owners
within a200-footradius, ofwhich one was returned in favor and none in opposition. The applicant/reprasantetive
of the subject property submitted a notice in favor. The 20% rule is not in effect.
MG/MS/er
Attachments:
1 ) Zoning Report Pages 2-10
2) Comments Received Page 11
3) Planning Commission Minutes Pages 12-14
4) Ordinances Pages 15-19
H:XPLN-DIR~RMA\WORD~AGENDMEI~0700-02AGENDAMEMO.DOC
-- CITY COUNCIL
ZONING REPORT
Case No.:
Planning Commission
Hearinl~ Date:
Map No.:
Applicant:
LeEal Descrintion/Location:
0700-02
July 19, 2000
80-7 (J15D)
St. Luke' s United Methodist Church
Lindale Park Unit 4, Block 36, Lots I and 2, located on the northwest comer of McCall Street and
Reid Drive.
0.29 acre (12,593 square feet)
Same as above.
"A-I" Apartment House District
"B- 1" Neighborhood Business District
Single-family residence.
Off-site church parking lot.
Area of Re~luest:
Lotf s) Area:
Current Zonin~:
Request:
Current Use of Pronertv:
Purpose of Request:
Zoning Change Requested Due
to Notice of Violation:
Adiacent Zoning:
North- "R-1B" One-family Dwelling District
South. West - "A-I" Apartment House District
East - "B-4" General Business District
Adiacent Land Use:
North, West - Single-family residences.
South - (across McCall Street) Church.
East - (across Reid Drive) Retail center.
Not applicable.
293
Zoning Report
Case No. 0700-02 (St. Luke's United Methodist Church)
Page 2
Number of Residential Units Allowed:
"A-t"-6 units (21.78 dwelling units per acre)
"B-1' - 10 units (36.30 dwelling units per acre)
Estimated Traffic Generation:
Specialty retail center - 40.67 average weekday vehicle trip ends per 1,000 square feet of gross floor
area x 2.552 square feet (average per ITE Manual) = 104 average weekday vehicle trip ends.
Adjacent Streets/Classification:
a) McCall Street - local
b) Reid Drive - local
Right-of-Way Design
Current:
a) 50-foot fight-of-way with a 23-foot back-to-back paved section.
b) 60-foot fight-of-way with a 33-foot back-to-back paved section.
Planned:
a, b) Same as current.
1996 Traffic Count (24-hour, weekdav, non-directionai):
a. b) None available.
Zoning History of Prooertv:
There has been no rezoning activity within the past five (5) years.
Recent Surrounding Zonin~ Cases:
There has been no rezoning activity in the area within the past five (5) years.
Zoninff Inventorv:
The subject property is part of a 19.46-acre tract of land zoned an "A-I' District. This area is
predominantly developed with multiple-family structures. It also contains a few single-family
residences, two (2) churches and a private lodge. To the east, there are 23.54 acres of land zoned
a "B-4" District developed with various commercial uses. North and west of the subject property.,
294 ~
Zoning Report
Case No. 0700-02 (St. Luke's United Methodist Church)
Page 3
there are 898.91 acres of land that is zoned a "R-1B" District and developed with single-family
residences.
Planning Staff Analvsis:
General Characteristics and Background: The applicarit has requested a change of zoning
from an "A-I" Apartment House District to a "B-I' Neighborhood Business District in order
to provide an off-site parking lot for a church. The applicant's church is located across
McCall Street to the south. A "B-1' District will allow an off-site parking lot. The applicant
plans to remove the existing single-family residence. A stand-alone parking lot or off-site
parking requires at a minimum a "B-I" Neighborhood Business Diswict. Since the proposed
parking area is separated by street right-of-way from the church property, it is considered off-
site parking.
Access to the subject property will be from McCall Street and Reid Drive, both classified as
local streets. Neighborhood churches have typically been allowed to provide off-site parking
lots through the use of a Special Permit. Approval of a "B-I" District would introduce
commercial uses that are not consistent with the existing residential area, such as 24-hour
convenience stores, self-service car washes, and drive-through restaurants. These types of
uses are disruptive to a residential neighborhood due to late hour operations and traffic. A
commercial zoning district would not be appropriate. Because of the lack of parking, the
church needs the off-site parking. According to the applicant, parishioners were parking
across Reid Drive in the H.E.B. tract. Since the redevelopment of the H.E.B. property and
installation of a screening fence along Reid Drive, the vehicles are now screened from the
church which makes the parishioners uncomfortable leaving their car where they cannot see
it. The proposed off-site parking lot can be accomplished through a Special Permit that will
provide protection to the surrounding residential area. The Special Permit can limit the
number of driveways, require a screening fence, and additionhi'landscaping.
Conformitv to the Comnrehensive Plan and Land Use Comnatibilitv: Overall, the
Comprehensive Plan Elements cannot support a "B-I" District. The Southeast Area
Development Plan's adopted future land use map recommends the area to develop with
residential uses. The requested "B-I' District is not consistera with the Plan's adopted future
land use map.
Potential Housin~ Densirv: An "A-I" District permits a density of 21.78 dwelling units per
acre or six (6) units on the subject property. The requested "B-I" District permits a density.
of 36.30 dwelling units per acre or ten (10) units on the subject property. As requested. the
"B-1" District would increase the residential density that is not consistent with the Southeast
Area Development Plan' s recommended density.
Heieht/Bulk/Setbacks/Etc.: Both, the "A-1" and "B-1" Districts, require a front yard setback
of twenty (20) feet. An "A-I' District requires a side and rear yard setback often (10) feet
for the first floor with an additional five (5) feet for each additional floor. The "B-t" District
295
Zoning Report
Case No. 0700-02 (St. Luke's United Methodist Church)
Page 4
does not require any side or rear yard setback unless adjacent to a residential district where
a setback often (10) feet would be required. If the "B-I" District is approved, a building
setback often (10) feet will be required from the north and west property lines. Both, the
"A-I" and the "B-I" District limit the building height to three (3) stories with the "A-I"
District permitting 45 feet in height and 35 feet in the "B-1" District. The change in building
height will not adversely impact the area.
Signa~e: With the subject property containing more than I00 feet of street frontage, the
"A-I" District would allow either one wall sign with a sign area of forty (40) square feet or
one freestanding with a sign area of forty (40) square feet, a height often (10) feet and
requiring a setback often (10) feet. The "B-I" District permits unlimited number of wall
signs and one freestanding sign with a sign area of forty (40) square feet and a height of
twenty (20) feet.
Traffic: The traffic generated by the proposed off-site parking lot will be minimal as
compared to retail establishment. With the size of the subject property of 12,593 square feet,
approximately forty (40) parking spaces may be realized. A 40-space parking lot would
generate 80 dally trip ends which will have minimal adverse impact on the adjoining
residential area.
Pros:
a)
Parkinv./Screenin~: A retail establishment is required to provide one on-site parking space
for each 200 square feet of gross floor area. A parking lot does not require parking since the
use is parking. A standard screening fence is required when a business or industrial use
locates adjacent to a residential district. If the requested "B-I" District is approve&
development of the subject property will require compliance with the screening fence and
Landscape Regulations. With a Special Permit, a screening fence may be required along with
the landscaping.
Costs to City: All of the infrastructure is in place and further costs are not anticipated.
Platting: The subject property contains two (2) platted lots and further replatting is not
required.
(Ideas in support of the request.)
The "B-I" District ~vould serve as a transition between the high-intensity "B4" District on
the east and the "A-i" District on the west.
Cons: (Ideas in support of maintaining the current zoning.)
a)
Approval of the "B-t" District would permit the encroachment of business zoning into a
residential area.
296 ~
Zoning Report
Case No. 0700-02 (St. Luke's United Methodist Church)
Page 5
b)
The requested "B-1" District is not consistent with the adopted Southeast Area Development
Plan.
c) The proposed off-site parking li>t can be granted through the use of a Special Permit.
Staff Recommendation:
Denial of the "B-I" District, and in lieu thereof, approval of a Special Permit for an off-site parking
lot subject to the following conditions:
USE: The only use authorized by this Special Permit other than uses permitted by
the "A-I" Apartment House District is an off-site parking lot serving the church
located to the south on Lots 1 through 4 and 25 through 29, Block 38 Lindale Park
Unit 4. Overnight parking and parking of large commercial tracks (1 8-wheelers) are
prohibited.
SCREENING: A standard screening fence with a height of not less than six (6) feet
must be installed along the north and west property, lines. The standard screening
fence must be tapered down to a height not to exceed three (3) feet for that part of the
fence within ten (10) feet of the McCall Street right-of-way line. The screening fence
must be installed within one year from the date of this ordinance.
LIGHTING: All lighting on the property. must be directional lighting and must be
directed away from surrounding residential properties.
LANDSCAPING: Landscaping must comply with the Landscape Regulations as if
the property were zoned a "B-1" Neighborhood Business District. In addition to the
required landscaping by the Landscape Regulations, a canopy teee with a height of
not less than six (6) feet must be located every fifty (50) feet on center along the
McCall Street and the Reid Drive frontage.
TIME LIMIT: Such Special Permit shall be deemed to have expired within one year
of the date of this ordinance unless the property. is being used as outlined in
Condition #1 and in compliance with all other conditions.
Attachments:
Zoning and Ownership Map
Ownership List
Southeast Area Location Map
H:\PLN-DIRXERMA\WORD~ZONRPTS\070002REp. DOC
297
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See Comments on Page(s) ~
CASE Z0700-02
298
Subject property
Owners within 200 feet listed on att~c~ed o~me, d list
:'
=L 7565"
ST
UNITED METHODIST
CHURCH
JEANIE BRINK
3
ID UR.
GID
78404
`
P. 0. Box 747 78403
PACE 1
LX "BELS
PROPERTY OWNER REPORT
01/05/uu 16:02:14
CASE#
TAX ID
LEGAL
DESCRIPTION
OWNER
ADDRESS 1
ADDRESS 2
CITY
ST
ZIP
BUTT M E GROCERY CO
PROPERTY TAX DR"
P 0 BOX 839999
SAN ANTONIO
TX
78283
ZD7O0
02 /
4475
000)-0010
LINDALE
PARK X4
LT 1 SLK
G
4475
0034 0090
LINDALE
PARK 4
LT 9 BLK
34
GONZALEZ DIANA GARCIA
530 HOFFMAN
CORPUS
CHRISTI
T%
78404
CORPUS
CHRISTI
T%
78404
]
44)5-0034
0100
LINDALE
PARK 4
LT 10 BLK
34
DAVIS JAMES M
538 HOFFMAN
1�
4475
OG35-0010
LINUALE
PARK 4
LT 3 BLK
35
UOUGNTY VIRGINIA JOYCE,TR
DOUGHTY FAMILY TRUST
602 HOPMAN
CORPUS
CHRISTI
T%
78404
LINDALE
PARK 4
LT 2 BLK
35
CLOUGH DAVID E ETUX
LINDA C CLOUGH
1220 CREEKV3EW
ROUND ROCK
T%
18681
4475-0035-0020
41)5-0015
0010
LINDALE
PARK 4
LT ] BLK
35
ARBOCAST SEAN P ETU%
JERI J
610 HOFFMAN ST
CORPUS
CHRISTI
TX
78404
PETERSON LARRY PAUL
614 NOFMAN
614 HOFFMAN
CORPUS
CHRISTI
TX
78404
f
4415-0035
0040
L114DALE
PARK 4
LT 4 BLK
35
442Sd
035-004O
LINDALE
PARK 4.
LT. i.BLK
35
PETERSON LARRY PAUL
61♦-NORPWN
CORPUS
CHRISTI
T%
78404
LT 5 BLK
35
REED JAMES M ETUX
618 HOFF'MAN
CORPUS
CHRISTI
TX
78404
4475-00350050
LINDALE
PARK 4
.r
4475-0035-0060
LINDALE
PARK 4
LT 6 BLK
35
HATHAWAY LAURA A BY UX GE
622 HOFFMAN
CORPUS
CHRISTI
TX
78404
SUBJECT
1
4475
0036-0010
LINDALE
PARK 4
LT 1 BLK
36
ST LUKE'S METHODIST CHURC
3151 REID DR
CORPUS
CHRISTI
T%
78404
PROPERTY
11
44)5-0036-0020
LINDALE
PARK 4
LT 2 BLK
36
ST LUKE'S METHODIST CHURC
3151 REID DR
CORPUS
CHRISTI
T%
78904
'
44750036-0030
LINDALE
PARK 4
LT 3 DLR
36
PETERSON LAURIE E ET UX
610 MC CALL
CORPUS
CHRISTI
TX
78404
VIN
TEOFILO MOLINA JR (DEC-D) 614 MCCALL
CORPUS
CHRISTI
T%
78404
N
% /
4475-0036-0040
LINDALE
PARK 4
LT 4 BLK
36
MOLINA LYDIA P ET
10
ko
_.
147500)6-0050
LINDALE
PARK 4
LT 5 BLK
36
DAVIS RICHARD C ET UX
149 WILSHIRE
CORPUS
CHRISTI
T%
78413
4475-0036
0060
LINDALE
PARK 4
LT 6 BLK
36
RAINEY GLORIA DIANE
622 MCCALL
CORPUS
CHRISTI
TX
78404
24
36
STONE STEPHEN K ET U%
RITA
621 HOFFMAN ST
CORPUS
CHRISTI
TX
78404
!j
44750036-0240
LINDALE
PARK 4
LT BLK
4415
0016 0260
LINDALE
DANK 4
IS 26 IILK
36
ALDAPE NEL] IE
5110 CAIN
CORPUS
CHRISTI
T%
78411
4
LT 27 BLK
36
ELLIOTT LEE F ET U%
NANCY LINK
609 HOFFMAN
CORPUS
CHRISTI
TX
78404
4475-0036
0270
LIUDALE
PARK
PARK 4
LT 20 BLK
36
SIFUENTES DORA 1. FKA DOM
LILY ADAME
605 HOFFMAN STREET
CORPUS
CHRISTI
TX
78414
1
4475
0036-0280
LINDALE
4475-0036
0290
LINDALE
PARK 4
LT 29 BLK
36
HOLBERT HCNDE S
601 HOFFMAN
CORPUS
CHRISTI
TX
78404
4475.001)-0080
LINDALE
PARK 4
X20' LT
B ALL MARTINEZ EVA
533 HOFFMAN
CORPUS
CHRISTI
TX
78404
EV¢
'513"ROFFMAN-
CORPUS
CHRISTI
TX
78104'
4Ni0037-0080
LT 9 BLK
37
.BAeI1HEZ
I
LINDALE
PARK 4
LT 10 BLK
37
GARZA MAGDALENA PENA
537 ROFFMAN
CORPUS
CHRISTI
T%
78404
4475-003)-0100
COUNT 24
QUERY. PLANNING/")REPORT
2"9
l
111
oc
..
5.
:r
LEROY
SAN MIGUEL
MAINTENANCE
DEPT.
C.
C. L.
S. 1).
P.
0.
DRAWER
110
78403
=L 7565"
/~)
COMMENTS RECEIVED
FROM NOTICES MAILED
Case No. 0700-02
St. Lukd's United Methodist Church
· Favor
)~ Opposed
(Note: The listed numbers correspond to the attached map.)
I. Notices returned from within the 200-foot notification area:
Favor:
22)
Bobby Hill, Chairman of Trustees, St. Luke's United Methodist Church
No written comment.
Opposition: None.
II.
Responses received from outside the 200-foot notification area:
Favor: None.
Opposition: None.
III.
Responses received from owners/applicants of subject area:
Favor:
Bobby Hill, Chairman of Trustees. St. Luke's United Methodist Church.
(Applicant/Representative), 3151 Reid Drive
No Comment
Jeanie Brink. Trustee. 3151 Reid Drive (Applicant/Representative)
· 'It would benefit the neighborhood and St. Luke's United Methodist Church."
Oooosition: None.
It:\pLN-D1R\ERMA\WORD\COMMDATA',0700-02COM.DOC
301
Planning Commission Minutes
July 19, 2000
St. Luke's United Methodist Church: 0700-02
REQUEST:
"A-1" Apartment House District to "B-1" Neighborhood Business District on property described
as Lindale Park Unit 4, Block 36, Lots I and 2, and located on the northwest coroer of McCalt
Street and Reid Drive
Mr. Saidaria presented a slide illustration of the subject property. and the surrounding area. The subject
property is part of a 19.46-acre tract of land zoned an "A-I" District. This area is predominantly developed with
multiple-family structures. It also contains a few single-family residences, two (2) churches and a private lodge, To
the east, there are 23.54 acres of land zoned a "B--4" District developed with various commemial uses. Norall and
west of the subject property, there are 898.91 acres of land that is zoned a "R-1B" District and developed with
single-family residence.
Mr. Saidaria stated that the applicant requested a change of zoning to provide an off-site parking lot for a
church. The applicant's church is located across McCall Street to the south. A "B-I" District will allow an off-site
parking lot. The applicant plans to remove the existing single-family residence. A stand-alone parking lot or off-
site parking requires at a minimum a "B-I' Neighborhood Business District. Since the pwposed parking area is
separated by street right-of-way from the church property, it is considered off-site parking.
Access to the subject property will be from McCall Street and Reid Drive, both classified as local streets.
Neighborhood churches have typically been allowed to provide off-site parking lots through the use of a Special
Permit. Approval of a "B-I" District would introduce commercial uses that are not consistent with the existing
residential area, such as 24-hour convenience stores, self-service car washes, and drive-through restaurants. These
types of uses are disruptive to a residential neighborhood due to late hour operations and traffic. A commercial
zoning district would not be appropriate. Because of the lack of parking, the church needs the off-site parking.
According to the applicant, parishioners were parking across Reid Drive in the H.E.B. tract. Since the
redevelopment of the H.E.B. property and installation of a screening fence along Reid Drive, the vehicles am now
screened from the church which makes the parishioners uncomfortable leaving their car. The proposed off-site
parking lot can be accomplished through a Special Permit that will provide protection to the surrounding residential
area. The Special Permit can limit the number of driveways, require a screening fence, and additional landscaping.
The subject property, is in the Southeast Area Development Plan which recommends the area to develop
with residential uses. Therefore, Staff recommends denial of the "B-I" District, and in lieu thereof, approval of a
Special Permit for an off-site parking lot subject to the following conditions:
Us._~e. The only use authorized by this Special Permit other than uses pertained by the "A-I" Apartment House
District is an off-site parking lot serving the church located to the south on Lots I through 4 and 25 through 29,
Block 38 Lindale Park Unit 4. Overnight parking and parking of large commercial tracks (1 8-wheelers) are
prohibited.
Screening. A standard screening fence with a height of not less than six (6) feet must be installed along the
north and west property, lines. The standard screening fence must be tapered down to a height not to exceed
three (3) feet for that part of the fence within ten (10) feet of the McCall Street right-of-way line. The screening
fence must be installed within one year from the date of this ordinance.
3. Li.ohtin,~. All lighting on the property must be directional li~ting and must be directed away from surrounding
residential properties.
4. Time Limit. Such Special Permit shalI be deemed to have expired within one year of the date of this ordinance
unless the property is being used as outlined in Condition #1 and in compliance with all other conditions.
Mr. Saidaria stated that 22 notices were mailed to property, owners within a 200-foot radius of the subject
property. of which one (1) was returned in favor and none were retained in opposition. The applicant also submitted
a notice in favor.
302 /Z.,
Planning Commission Minutes
July 19, 2000
Case No. 0700-02 (St. Luke's United Methodist Church)
Page 2
Chairman Underbrink opened the public heating.
Commissioner Richter asked whetherthe applicant was in favor of the Special Penit to which Mr. Saidaria
stated that the applicant preferred a "B- 1" District due to the time limitations placed with a Special Permit.
Jeanie Brink, 506 Harrison, member of the Board of Trustees,- stated that the church did not want to
continued to rely on the H.E.B. property for parking and that the church does not have a contract with H.E.B.
securing the availability of the propeny for their parking area. Ms. Brink stated that visitors are not aware that the
H.E.B. property is available for parking. She explained that the time limitation of one year would be a hardship to
the church because funds need to be raised for the project by volunteers.
In response to Commission's question regarding the adjacent property to the church, Ms. Brink stated that
the church approached the property owners adjacent to the church to discuss purchasing the property; however, an
agreement could not be reached. The decision was made to convert the church's house rentel property across
McCall Street into a parking area. The house is currently occupied by a tenant on a month to month lease. The
house is in poor condition and would require a substantial investment to continue its use as a rental property.
Nancy Elliot, 609 HolYman, stated that she did not believe a parking lot in her backyard was the best use
for the property and that the other residents would not benefit from the zoning change.
Public hearing was closed.
In response to Commissioner Mims' question regarding parking space availability, Mr. Saidaria stated that
based on the size of the church, the problem could be alleviated, but not remedied. Mr. Saidaria continued that
on-street parking would be reduced dramatically. He stated that ingress would be via Reid Drive and egress would
be via McCall Street as requested by Traffic Engineering.
Regarding the Special Permit time limits, Mr. Gunning stated that the applicant could request a time
extension of the Spcciat Permit before it expires or Commissioners could recommend a longer time period in the
Special Permit ordinance.
Commissioner Cheek stated that he would support a Special Permit which would allow two (2) years as a
time limit.
Motion by Cheek. seconded by Mires, to deny a "B-I" District "B-I" District. and in ieu thereof. approve
a Special Permit for an off-site parking lot subject to the following conditions:
Us_.~e. The only use authorized by this Special Permit other than uses permitted by the "A-I" Apartment House
District is an off-site parking lot serving the church located to the south on Lots I through 4 and 25 through 29.
Block 38 Lindale Park Unit 4. Ovemight parking and parking of large commercial trucks (1 8-wheeters) are
prohibited.
Screenin,-. A standard screening fence with a height of not less than six (6) feet must be installed along the
north and west property. lines. The standard screening fence must be tapered down to a height not to exceed
three(3)feetf~rthatpan~fthefencewithinten(~~)feet~ftheMcCa~~Streetright~~f-way~ine. The screening
fence must be insteller within two (2) years from the date of this ordinance.
3. Lighting. All lighting on the property. must be directional lighting and must be directed away ~'om surrounding
residential properties.
303
Planning Commission Minutes
July 19, 2000
Case No. 0700-02 (St. Luke's United Methodist Chumh)
Page 3
4)
Time Limit. Such Special Permit shall be deemed to have expired within two (2) years of the date of this
ordinance unless the property is being used as outlined in Condition #1 and in compliance with all other
conditions.
Motion passed unanimously with Kelly and Sween-McGloin being absent.
Page 1 of 4
AN ORDINANCE
AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY ST.
LUKE'S UNITED METHODIST CHURCH, BY CHANGING THE ZONING
MAP IN REFERENCE TO LOTS I AND 2, BLOCK 36, LINDALE PARK
UNIT 4 (CURRENTLY ZONED "A-I" APARTMENT HOUSE DISTRICT)
BY GRANTING A SPECIAL PERMIT FOR AN OFF-SITE PARKING
LOT, SUBJECT TO FIVE (5) CONDITIONS; 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 St. Luke's United Methodist Church, for
amendment to the zoning ordinance and zoning map of the City of Corpus Chdsti;
WHEREAS, with proper notice to the public, public hearings were held on Wednesday,
July 19, 2000, during a meeting of the Planning Commission, and on Tuesday,
August 29, 2000, during a meeting of the City Council, in the Council Chambers, at City
Hall, in the City of Corpus Christi, dudng which all interested persons were allowed to
appear and be heard; and
WHEREAS, the City Council has determined that the following 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 t. That the Zoning Ordinance of the City of CorpuS 'Chdsti, Texas, is
amended and a Special Permit is granted for an off-site parking lot on Lots I and 2,
Block 36, Lindale Park Unit 4 (currently zoned "A-1" Apartment House District), located
on the northwest corner of McCall Street and Reid Drive.
SECTION 2. That the Special Permit granted in Section 1 of this Ordinance is subject
to the following five (5) conditions:
1. ALLOVVED USES: The only use authorized by this Special Permit other than
uses permitted by the "A-I" Apartment House District is an off-site parking lot
serving the church located to the south on Lots 1 through 4 and 25 through 29,
Block 38, Lindale Park Unit 4. Overnight parking and parking of large
commercial trucks (18-wheelers) are prohibited.
~\C~TYHALL~2~USERS~LEG~D~R~VER~N~CA~DCURT~S~v1Y-j~S~2~P&Z~RD~\D~YLEC~Z~7~2a~d~c
Page 2 of 4
2. SCREENING: A standard screening fence with a height of not less than six
(6) feet must be installed along the north and west proper~y lines. The standard
screening fence must be tapered down to a height not to exceed three (3) feet for
that part of the fence within ten (10) feet of the McCall Street right-of-way line.
The screening fence must be installed within two (2) years from the date of this
ordinance.
3. LIGHTING: All lighting on the property must be directional lighting and must
be directed away from surrounding residential properties.
4. LANDSCAPING: Landscaping must comply with the Landscape Regulations
as if the property were zoned a "B-l" Neighborhood Business District. In addition
to the required landscaping by the Landscape Regulations, a canopy tree with a
height of not less than six (6) feet must be located every fifty (50) feet on center
along the McCall Street and the Reid Drive frontage.
5. TIME LIMIT: This Special Permit shall expire within two (2) years of the date
of this ordinance unless the property is being used as outlined in Condition #1
and in compliance with all other conditions.
SECTION 3. That the official Zoning Map of the City of Corpus Christi, Texas, is
amended to reflect the amendment to the Zoning Ordinance made by Sections land 2
of this ordinance.
SECTION 4. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi,
Texas, approved on the 27th day of August, 1973, 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.
SECTION 5. That to the extent that this amendment to the Z0r~ing 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 6. That all ordinances or parts of ordinances in conflict with this ordinance
are hereby expressly repealed.
SECTION 7. That publication shall be made in the official publication of the City of
Corpus Chdsti as required by the City Charter of the City of Corpus Christi.
SECTION 8. That upon wdtten 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 29th day of August, 2000.
\~CITYHALL~2~USERS~LEG~D~R\VER~N~CA~oDCURT~SW~Y~CS~2~P&Z~RD~D~YLEC~7~2A.D~C
306 /~
ATTEST:
Page 3 of 4
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Samuel L. Neal, Jr.
Mayor. The City of Corpus Christi
APPROVED AS TO LEGAL FORM August 21, 2000
James R. Bray, Jr.
Senior Assistant City Attorney
~\CITYHALL02~USERS~LEG-DIR~VERONICA~Dg'CURT SII{~CCS'C000?&ZORD00~DOYLEC~Z0700D2A-DOC
/'1
Page 1 of 3
AN ORDINANCE
AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY ST.
LUKE'S UNITED METHODIST CHURCH, BY CHANGING THE ZONING
MAP IN REFERENCE TO LOTS I AND 2, BLOCK 36, LINDALE PARK
UNIT 4, FROM "A-l" APARTMENT HOUSE DISTRICT TO "B-'I"
NEIGHBORHOOD 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 St. Luke's United Methodist Chumh, for
amendment to the zoning ordinance and zoning map of the City of Corpus Christi;
WHEREAS, with proper notice to the public, public hearings were held on Wednesday,
July 19, 2000, dudng a meeting of the Planning Commission, and on Tuesday,
August 29, 2000, 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 Corpu~ Ghristi, Texas, is
amended by changing the zoning of Lots I and 2, Block 36, Lindale Park Unit 4, located
on the northwest corner of McCall Street and Reid Drive, from "A-1" Apartment House
DistFict to "B-1" Neighborhood Business District.
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 I 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, 1973, 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.
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.
\\C~TYHALL~2~USERS~LEG~D~R\VER~N~CA\~DCURT~S~Y~CS~2~P&Z~RD~\DoYLEC~7~2B~ci~c
308 /
Page 2 of 3
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 CiIy of Corpus Christi.
SECTION 7. That upon written request of the Mayor or five Council members, copy
attached, the City Council (1) rinds 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 29t" day of August, 2000.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Samuel L. Neal, Jr.
Mayor, The City of Corpus Christi
APPROVED AS TO LEGAL FORM August 21, 2000
]ames R. Bray, Jr.
D I
Senior Assistant City Attorney
\\~TYHALL~2\USERS~LEEG~D~R\~ER~N~A``DDCU~T~SUviYD~S~2~P&Z~RD~D~YLE~C~Z~7~D2B~C
309
/q
AGENDA MEMORANDUM
PUBLIC HEARING - ZONING (City Council Action Date: August 29, 2000)
Case No. 0700-04, KOCH Petroleum Group, L. P.: A change of zoning from an "R-1B" One-
family Dwelling District, "R-1B" One-family Dwelling Diswict with a "SP" Special Permit, "A-I" Aparmaent
House District, "A-I" AparUnent House DisWict with a "SP" Special Permit, and "B-I" Neighborhood Business
District to "B-Y' Business District on Nuecas Bay Heights Extension, Block 25, Lots 1 through 4, and 17 through
20, located on the east side of Nueces Bay Boulevard, between Moore and Minion SWeets.
Planning Commission and Stafrs Recommendation (07/19/00): Approved.
Reauested Council Action: Approval of the "B-Y' District and adoption of the attached ordinance.
Purnose of Recluest: To develop a fife station and parking lot.
Summary: The applicant has requested a change of zoning from a "R-1B" One-family Dwelling DisWict, "R-1B"
One-family Dwelling Dislrict with a Special Permit, "A-I" Apartment House District, "A-I" Apartment House
Dish-let with a Special Permit and a "B-I" Neighborhood Busthess District to a "B-3" Business District in order to
conswuct a refinery fire station. This fire station is proposed to serve both KOCH and Citgo refineries. The existing
fire station is located on the north side of Interstate Highway 37, west of Nueces Bay Boulevard. Due to their
location, response time delays are incurred bocause of its access to a one-way sweet, 1H-37 frontage road. In order
to respond to a call from the east plant of either refinery, the emergency crew must go west on the frontage road to
Buddy Lawrence Drive, under the freeway to the eastbound frontage road to Nueces Bay Boulevard. According to
the applicant, the response time take approximately eight (8) minutes. The relocation of the fire station on the
subject property will reduce the response time to three (3) minutes. A frre station is classified as a government
building that requires a "B-3" District or "B-4" General Business District. The Zoning Ordinance does not address
private fire stations, but Staff determined that the use serves the same function. A request for a "B-3" DisWict was
made because the area between Nueces Bay Boulevard and Floral SWeet is planned to be used as a nonresidential
buffer between the refineries and the residences. A "B-4" District pertnits residential uses. The "B-Y' District does
not permit residential or indusUial uses and has been recommended as the appropriate zoning district for the buffer
area.
Aonlicant's Position: The applicant concurs with Planning Contrmssion and Staffs recommendation.
Notification: Prior to the date of this memorandum, three (3) notices were mailed to the property owners within a
200-foot radius, of which none were returned in favor or in opposition. The 20% rule is not in effect.
Michael N. Gunrang, ~ICP~v~
Director of planning
MG/MS/er
Attachments:
1 ) Zoning Report
2) Comments Received
3) Planning Commission Minutes
4) Ordinance
Pages
Page
Page
Pages
2-11
12
13
14-15
H:XPLN*DIRXERMA\WORD~AGENDMEM\0700-04AGENDAMEMO.DOC
311
CITY COUNCIL
ZONING REPORT
Case NO~:
Planning Commission
Hearim~ Date:
Map No.:
Applicant:
Legal Descril~tion/Location:
0700-04
July 19, 2000
70-5 (K15A)
Koch Petroleum Group, L. P.
Nueces Bay Heights Extension, Block 25, Lots 1 tb_rough 4, and 17 through 20, located on the east
side of Nueces Bay Boulevard, between Moore and Minton Streets.
1.37 acre
Same as above.
"R- I B" One-family Dwelling District, "R- I B"
One-family Dwelling District with a "SP"
Special Permit, "A-t" Apartment House
District, "A-1" Apartment House District with
a "SP" Special Permit, and "B-I'
Neighborhood Business District
"B-Y' Business District
Parking and vacant lots.
To develop a fire station and parking lot.
Not applicable.
Area of Request:
Lot(s) Area:
Current Zoning:
Request:
Current Use of Property:
Purpose of Request:
Zoning Change Requested Due
to Notice of Violation:
Adiacent Zoning:
Noah - "AB" Professional Office District
South - "A-I" Apartment House District and "R-1B" One-family Dwelling District
East - "R-1B" One-family Dwelling District
West - Out of City Limits
312
Zoning Report
Case No. 0700-04 (KOCH Petroleum Group, L. P.)
Page 2
Adiacent Land Use:
North - (across Moore Street) Parking lot.
South - (across Minton Street) Vacant lots.
East - (across Nueees Bay Boulevard) Petroleum refinery.
West - Vacant lots.
Number of Residential Units Allowed:
"R-1B" - 2 units (1 unit per platted lot)
"A-I" - 24 units (21.78 dwelling units per acre)
"B-I" - 27 units (36.30 dwelling units per acre)
"B-3" - Dwellings, lodging and boarding are not permitted.
Estimated Traffic Generation:
The ITE Trip Generation manual does not address trip generation figures for a fire station.
Adiacent Streets/Classification:
a) Nueces Bay Boulevard - collector
b) Moore Street - local
c) Minion Street - local
Ritht-of-Wav Design
Current:
a) 80-foot fight-of-way with a 48-foot back-to-back paved section.
b) 50-foot fight-of-way with a 24-foot back-to-back paved section.
c) 50-foot fight-of-way with a 24-foot back-to-back paved section.
Planned:
a, b, c) Same as current.
1996 Traffic Count (24-hour. weekday, non-directional):
a, b, c) None available.
313
Zoning Report
Case No. 0700-04 (KOCH Petroleum Group, L. P.)
Page 3
Zonin~ History of Pronertv:
In March 1995, the City Council denied a change of zoning from a "R-1B" and "A-I" Districts to
a "B-1" District, but granted a Special Permit for an off-site parking lot.
Recent Surrounding Zonin~ Cases:
Blocks 3A and 4A, located on the northeast comer of Nueces Street and Nueces Bay Boulevard and
north of the subject property, were granted an "AB" District between May 1994 and May 1995.
Zonin~ Inventory:
The subject property is part of several zoning classifications. It is all oEthe "B-I" District, 0.76 acre,
in the area. It is a portion of the 6.91 acres of the "A-I" District that contains vacant lots. This
"A-I' District extends south along Nueces Bay Boulevard to Interstate Highway 37. The subject
property is also part of a 200.10-acre tract of land that is zoned a "R-1B" District that is partially
developed with single-family residences on the west end of the area and predominantly developed
with single-family residences on the east end. North of the subject property is a tract of land zoned
an "AB" District containing 12.25 acres and developed with an office building and a parking lot.
Plannin~ Staff Analvsis:
General Characteristics and Background: The applicant has requested a change of zoning
from an "R- I B" One-family Dwelling District, "R- I B" One-family Dwelling District with
a Special Permit, "A-I" Apartment House District, "A-I" Apartment House District with a
Special Permit and a "B-I" Neighborhood Business District to a "B-3" Business District in
order to construct a refinery fire station. This fire station is pr. oposed to serve both KOCH
and Citgo refineries. The existing fire station is located on the north side of Interntale
Highway 37, west of Nueces Bay Boulevard. Due to their location, response time delays are
"incurred because of its access to a one-way street, 1I-I-37 frontage road. In order to respond
to a call from the east plant of either refinery, the emergency crew must go west on the
frontage road to Buddy Lawrence Drive, under the freeway to the eastbound frontage road
to Nueces Bay Boulevard. According to the applicant, the response time take approximately
eight (8) minutes. The relocation of the fire station on the subject property will reduce the
response time to three (3) minutes. A fire station is classified as a government building that
requires a "B-3" District or "B-4" General Business District. The Zoning Ordinance does
not address private fire stations, but Staff determined that the use serves the same function.
A request for a "Bo3" District was made because the area between Nueces Bay Boulevard
and Floral Street is planned to be used as a nonresidential buffer between the refineries and
the residences. A "B-4" District permits residential uses. The "B-3" District does not permit
residential or industrial uses and has been recommended as the appropriate zoning district
for the buffer area.
314 ~
Zoning Report
Case No. 0700-04 (KOCH Petroleum Group, L. P.)
Page 4
Conformity to the Comprehensive Plan and Land Use Compatibilitv: Overall, the
Comprehensive Plan Elements- can be supportive of the requested "B-3" District. The
Westside Area Development Plan's adopted future land use map recommends the area to
develop with low density residential. However, throug~ agreements with the City and the
refineries, this area ahs been designated as a buffer area that would not permit residential or
industrial uses. Therefore, the requested "B-3" District is consistent with the agreement.
Potential Housin~ Density: Residential density permitted is the area is 7.26 dwelling units
per acre in the "R-1B" District, 21.78 dwelling units per acre in the "A-i" District and 36.30
dwelling traits per acre in the "B-I" District or a total of 53 units on the subject property.
The "B-3" District does not permit dwelling units, lodging and boarding houses. Approval
of the "B-3" District would eliminate the potential number of residential dwelling units.
Heimht/Bulk/Setbacks/Etc.: The "R-1B" District requires a front yard setback of 25 feet with
a side and mar yard setback of five (5) feet each and a building height limitation of 35 feet,
not to exceed three (3) stories. The "A-I" District requires a front yard setback of twenty
(20) feet with a side and rear yard setback often (10) feet for the first floor plus five (5) feet
for each additional floor. Buildings in the "A-I" District are limited to a height of 45 feet
not to exceed three (3) stories. Both the "B-I" and "B-3" Districts require a front yard
setback of twenty (20) feet with no side or rear yard setback unless adjacent to a residential
district where a setback often (10) feet is required. The "B-I" District limits the building
height to 35 feet not to exceed three (3) stories and the "B-3" District does not limit the
building height.
Signa~e: Signs in the "R-1B" District are limited to one wall sign with an area not to exceed
one square foot. The "A-I" District permits either one wall sign or one freestanding sign
with an area not to exceed forty (40) square feet. The freestanding sign is limited to a height
6ften (10) feet and requires a setback often (10) feet. Both the "B-I" and "B-3" Districts
permit unlimited wall signs. Freestanding signs in the "B-I" District are limited to one sign
per premise with an area of forty (40) square feet and a height of twenty (20) feet; whereas,
the "B-3" District pertnits unlimited number of freestanding signs provided they are located
outside the front yard setback. If the freestanding sign is located within the front yard
setback, it is limited to one freestanding sign per street frontage with an area of forty (40)
square feet and 25 feet in height.
Traffic: Typical redevelopment of the area by the refineries have all of the traffic directed
toward Nueces Bay Boulevard, a collector. With the subject property occupied with a fire
station, the traffic generated by the proposed use will have minimal impact on the adjoining
vacant land.
Parking/Screening: The Zoning Ordinance does not list the required parking for a fire
station. It is typical that parking is provided to accommodate the number of people at the fire
station during the maximum shift. According to the applicant, there is an existing parking
315
Zomng Report
Case No. 0700-04 (KOCH PeU'oleum Group, L. P.)
Page 5
Pros:
a)
b)
lot on the south side of the subject property that will be used for the fire station. This parking
lot will provide sufficient parking spaces. A standard screening fence with a height of not
less than six (6) feet is required when a business or industrial use locates adjacent to a
residential district. A standard screening fence will be required along the east boundary line.
Costs to City: All of the infrastructure required to serve the subject property is in place and
no costs to the City are anticipated.
Platting: The subject property contains eight (8) platted lots and further replatting is not
required.
(Ideas in support of the request.)
The requested "B~3" District is consistent with providing a buffer between the residences and
the refineries.
The "B-3" District will provide uses that allow development with allowing the residences
or industrial uses to expand onto the area.
Coos:
a) None.
Staff Recommendation:
Attachments:
(Ideas in support of maintaining the current zoning.)
Approval.
Zoning and Ownership Map
Ownership List
Westside Area L0~ation Map
H:x. PLN-DIR\ERMA\WORD~ZONRpTS\070004REp. DOC
316 ~
A 1
%
%
SUB
PARCEL
AB
3A
· - Property Owner in Favor
X Property, O~vner Opposed
See Comments on Page(s) /~.,
Jul 11, 2000 - RP
~i~t00 200 300
'
CASE Z0700-04
Subject property
Owners within 2(30 feet listed on ottached ownership list
till. GARY
CARRIGER
PAGE
ADDRESS 2
CITY
ST ZIP
WICHITA
KA 67220
WICHITA
KOCI1 Petroleum
Group,
L.
P.
WICHITA
KA 67220
WICHITA
KA 67220
P. 0. Box
2608 78403
2019 PALM DRIVE
WICHITA
KA 67220
2019 PALM DRIVE
WICHITA
KA 67220
WICHITA
01/05/00 16:44:10
WICHITA
EA 67220
CORPUS CHRISTI
TX 78413
L% LABELS
PROPERTY OWNER REPORT
CASEB TAX 10
LEGAL
DESCRIPTION
WICHITA
OWNER
ADDRESS 1
Z0700-04 /5825-0024
0010 NUECES
BAT LITS
EXTN LTS
1 c 2
KOCH
REFINING CO
LP
4111
E 37TH ST N
50250024-0010
KA 67220
BE 24
WICHITA
KA 67220
KOCH
REFINING CO
LP
4111
E 37TH ST N
' 5825.0024-UUJO
WICHITA
MIECES
BAY ZITS
EXTN LT
J BE 24
KOCH
REFINING CO
LP
4111
E 377W ST N
5425-0024-0040
NUECES
BAY NTS
E%TN LT
4 BE 24
KOCH
REFINING CO
LP
4111
E 37TH ST N
5825-0024-0050
NUECES
BAY HTS
EXTN LT
5 BK 24
KOCH
EXPLORATION
COMPANY
4111
EAST 37111 ST NORTH
5825-0024
0060 NUECES
BAY HGTS EXT LT
6 B 24
KOCH
EXPLORATION
COMPANY
4111
EAST 37TH ST NORTH
5825-0024
0130 MIECES
BAY HTS
E%TN LT
13 BE 2
KOCH
REFINING CO
LP
4111
E 37TH ST N
5825
0024
0130 4
KOCH
REFINING CO
LP
4111
E 37TH ST N
5825-0024-0110
NUECES
BAY ZITS
EXTN LT
13 BE 2
KOCH
REFINING CO
LP
4111
E 37TH ST N
1
5825-0024-0130
4
KOCH
REFINING CO
LP
4111
E 37TH ST N
5825-0024-0140
NIECES
BAY HTS
EXTN LT
14 EK 2
SHELTON DONALD B
4213
0 DAY PKMY
5025=P4?4'0140
4
'SHELTON DONALD B
4213
0 DAY PKWY
5825
0024-0150
NUECES
BAY NTS
EXTN LTS
15 6 1
KOCH
REFINING CO
LP
4111
E 37" ST N
5825-0024-0150
6 BK 24
KOCH
REFINING CO
LP
4111
E 37TH ST N
w
W 5825-0024-0170
NUECES
BAY IITS
MINE LT
17 BE 2
KOCH
REFINING CO
LP
4111
E 37TH ST N
5825-0024
0170 4
KOCH
REFINING CO
LP
4111
E 37" ST N
5835-0029-0180
NUECES
HAY HTS
EXTN LT
18 B% 2
KOCH
REFINING CO
LP
9111
E 37TH ST N
5025
0024
O180 4
KOCH
REFINING CO
LP
4111
E 37TH ST N
5825-0024-0190
NUECES
BAY HTS
EX1T1 LT
19 EXC
KOCH
REFINING CO
LP
4111
E 37TH ST N
5825-0024-0190
6.41 X
28.3 BE
24
KOCH
REFINING CO
LP
4111
E 37TH ST N
j 58350024-0200
j
NIECES
BAY IITS
EXTN W6.41'
X 2
KOCH
REPINING CO
,LP
9111
E 37714 ST N
5825.0024
0200 8.3' OF LT 19
6 ALL I.T
20 BE 2
KOCH
REFINING CO
LP
4111
E 37TH ST N
5025-0020-0200
4
KOCH
REFINING CO
LP
4111
E 37771 ST N
5025-0025-0010
NUECES
BAY NTS
EXTN LTS
1 2 L
KOCH
REFINING CO
LP
4111
E 37TH ST N
QUERY: PLANNING/LX3REPORT
W
1
PAGE
ADDRESS 2
CITY
ST ZIP
WICHITA
KA 67220
WICHITA
KA 6722O
WICHITA
KA 67220
WICHITA
KA 67220
WICHITA
KA 67220
WICHITA
KA 67220
2019 PALM DRIVE
WICHITA
KA 67220
2019 PALM DRIVE
WICHITA
KA 67220
WICHITA
KA 67220
WICHITA
EA 67220
CORPUS CHRISTI
TX 78413
- CORPUS CHRISTI
TX 78413
WICHITA
KA 67220
WICHITA
KA 67220
WICHITA
KA 67220
WICHITA
XA 67220
WICHITA
KA 67220
WICHITA
KA 67220
WICHITA
KA 67220
WICHITA
KA 67220
WICHITA
KA 67220
WICHITA
KA 67220
WICHITA
KA 67220
WICHITA
KA 67220
1
07/05/00 16:44:10
LX LABELS
PROPERTY OWNER REPORT
PACE
CASE#
TAX ID
LEGAL
DESCRIPTION
OWNER
ADDRESS 1
ADDRESS 2
CITY
ST ZIP
20700-04'
5825-0025-0010
X15' OF
LT
3 BK
25
KOCH
REFINING CO
LP
4111
E 37TH ST N
WICHITA
KA 67220
5825.0025-0030
NUECES
BAY
NTS
EXTN E35' OF
LT KOCH
REFINING CO
LP
4111
E DTH ST N
WICHITA
KA 67220
15825-0025-0030
3 6 W15'
OF LT
4 SK 25
KOCH
REFINING CO
LP
4111
E 37TH ST N
WICHITA
KA 67220
5825-00250040
NIECES
BAY
HTS
EXTN E35' OF
LT KOCH
REPINING CO
LP
4111
a 37TH ST N
WICHITA
KA 67220
5835-00250090
4 6 WIS'
OF IT
5 BK 25
KOCH
REFINING CO
LP
9111
E 37" ST N
WICHITA
KA 67230
5825
0025-0060
NIECES
BAY
NTS
EXTN E35' OF
LT KOCH
REFINING CO
LP
4111
E PTH ST N
WICHITA
KA 67220
-
5825.0025-0060
5 6 ALL
LT 6 BK
25
KOCH
REFINING CO
LP
4111
E 37TH ST N
WICHITA
KA 67220
I
5825-0025-00]0
NUECES
BAY
ZITS
EXTN LT 7 BE
25 KOCII
REFINING CO
LP
4111
E 37" ST N
WICHITA
KA 67220
5825-0025-0080
NUECES
BAY
HTS
EXTN LT 8 BE
25 KOCH
REFINING CO
LP
4111
E 37" ST N
WICHITA
KA 67220
5825
0025.0130
NUECES
BAY
UPS
EXTN LT 13 BE
2 KOCH
EXPLORATION
COMPANY
4111
EAST 37TH ST NORTH
WICHITA
KA 67220
\
5825-0025-0130
5
KOCH
EXPLORATION
COMPANY
4111
EAST 37TH ST NORTH
WICHITA
KA 67220
5825
0025.0140
NUECES
BAY
HI'S
EXTN LT 14 RK
2 KOCH
REFINING CO
LP
4111
E 3TIN ST N
WICHITA
KA 67220
5825-0025.0140
5
KOCH
REFINING CO
LP
4111
E 37TH ST N
WICHITA
KA 67220
W
5825-00250150
NUECES
BAY
HTS
EXTN LT 15 BK
2 KOCH
REFINING CO
LP
4111
6 17TH ST N
C/O L 6 N
WICHITA
KA 67220
5825-0025-0150
5
KOCH
REFINING CO
LP
4111
E 37TH ST N
C/O L X N
WICHITA
KA 67220
5825-0025-0150
NUECES
BAY
HTS
EXTN LT 15 SR
2 KOCH
REFINING CO
LP
4111
E 37TH ST N
WICHITA
KA 67220
5825-0025-0150
5
KOCH
REFINING CO
LP
4111
8 37TH ST N
WICHITA
KA 67220
5B250025-0160
NUECES
BAY
NTS
EXTN LT 16 BK
2 KOCH
REFINING CO
LP
4111
E 37" ST N
WICHITA
KA 67220
58250025-0160
5
KOCH
REFINING CO
LP
4111
E 37TH ST N
WICHITA
KA 67220
5825-0025-0170
NUECES
BAY
HTS
EXTN LT 17 6
18 KOCH
REFINING CO
LP
4111
B 37111 ST N
3709 BEAUREGARD
WICHITA
KA 67220
5825-0025-0170
BK 25
KOCH
REFINING CO
LP
4111
E 37" ST N
3709 BEAUREGARD
WICHITA
KA 67220
5825-0025-0170
NUECES
BAY
NTS
EXTN IT 17 6
18 KOCH
REFINING CO
S.P
4111
E 37TH ST N
WICHITA
KA 67220
5825-00250170
BK 25
KOCH
REFINING CO
LP
4111
E DTH ST N
WICHITA
KA 67220
.25
0025
NUECES
BAY
NTS
EXTN LT 19 6
20 KOCH
REFINING CO
LP
4111
E 37" ST N
WICHITA
KA 67220
QUERY: PLANNING/LK3REP0RT
1u
2
07/05/00 16:44:10
L% LABELS
PROPERTY OWNER REPORT
PAGE )
CASEX
TA% ID
LEGAL DESCRIPTION
OWNER
ADDRESS 1 ADDRESS 2
CITY
ST ZIP
Z07O0 04,_
5825 0025
0190
BE 25
KOCH
REFINING
CO
LP
4111 E 37TH ST N
WICHITA
KA 67220
8119-00000010
SOUTHWESTERN OIL REF TR 6 TR E
KOCH
REPINING
CO
LP
4111 E 37TH ST N
WICHITA
KA 67220
8119 0000
0010
OF I'ON'F1ACIR 78.191 PCS
KOCH
REPINING
CO
LP
4111 E 37TH ST N
WICHITA
KA 67220
1 -
8604.0005-0010
SUNSET PL BE 5 L AD2 ALLEY
KOCH
REFINING
CO
LP
4111 E 37TH ST N
WICHITA
KA 61220
COIIHT 52
••• E N D O
F R E P O
R T
•••
LEROY SAN MIGUEL
MAINTENANCE DEPT.
C.C.I.S.D.
P. 0. DRAWER 110 78403
w
N
O
OUERY, PLANNING/LK3REPORT
321
COMMENTS RECEIVED
FROM NOTICES MAILED
Case No. 0700-04
KOCH Petroleum Group, L. P.
· Favor
}{ Opposed
(Note: The listed numbers correspond to the attached map.)
I. Notices returned from within the 200-foot notification area:
Favor: None.
Opposition: None.
II.
Responses received from outside the 200-foot notification area:
Favor: None.
O~3oosition: None.
III.
Responses received from owners/applicants of subject area:
Favor: None.
Onnosition: None.
It:\PLN-DIR\I~RMA\WORD',COMMDATA\0700-04COM,DOC
322
Planning Commission Minutes
/uly 19, 2000
Koch Petroleum Group, L.P. 0700-04
REQUEST:
"R-1B" One-family Dwelling District, "R-1B" One-family Dwelling District ~vith a "SP" Special
Permit, "A-I" Apartment House District, "A-I" Apartment House District with a "SP" Special
Permit, and "B-I' Neighbbrhood Business District to "B-3" Business Diswict on property.
described as Nuecas Bay Heights Extension, Block 25, Lots I though 4, and I7 through 20, and
located on the east side of Nueces Bay Boulevard, between Moore and Minion Streets
Mr. Saidaria presented a slide illustration of the subject property and the surrounding area. Mr. Saidaria
stated that the subject property is part of several zoning classifications. It is all of the "B-I" District, 0.76 acre, in
the area. It is a portion of the 6.91 acres of the "A-I" District that contains va6ant lots. This "A-I" District extends
south along Nueces Bay Boulevard to Interstate Highway 37. The subject property is also pan of a 200.10-acre tract
of land that is zoned a "R-1B" District that is panially developed with single-family residences on the west end of
the area and predominantly developed with single-family residences on the east end. North of the subject property. is
a tract of land zoned an "AB" District containing 12.25 acres and developed with an office building and a parking
lot.
Mr. Saidaria stated that the applicant requested a change of zoning to construct a refinery fire station. This
fire station is proposed to serve both KOCH and Citgo refineries. The current location of the existing fire station, on
the north side of Interstate Highway 37, west of Nueces Bay Boulevard, delays the response time because of its
access to a one-way street, IH-37 frontage road. In order to respond to a call from the east plant of either refinery,
the emergency crew must go west on the frontage road to Buddy Lawrence Drive, under the fleeway to the
eastbound frontage road to Nueces Bay Boulevard. According to the applicant, the response time takes
approximately eight (g) minutes. With the location of the fire station on the subject property, it will reduce the
response time to three (3) minutes. A fire station is classified as a government building that requires a "B-3" District
or "B-4" General Business District. The Zoning Ordinance does not address private fire stations, but Staff
determined that the use serves the same function. A request for "B-3" District was made because the area between
Nueces Bay Boulevard, and Floral Street, will become a buffer between the refineries and the residences. The "B-3"
District does not permit residential uses and has been recommended as the appropriate zoning district for the
proposed buffer area.
The subject property is located within the Westside Area Development Plan which recommends the area to
develop with low density residential. However, through agreements with the City and the refineries, this area has
been designated as a buffer area that would not permit residential or industrial uses. Therefore, the requested "B-3"
District is consistent with the agreement. Staff recommends approval of the "B-3" District.
Chairman Underbrink opened the pubic hearing.
Andrew Cunningham. 6314 Gonolia, representing KOCH Refinery, stated that the fire station would serve
the KOCH as well as Citgo plant. Mr. Cunningham stated that the station would be reincater from the access road
to the subject property for faster response time. In response to questions regarding residential homes in the area,
Mr. Cunningham stated that the refineries have purchased the properties but have not moved the vacant houses off
the property. Mr. Saidaria added that the existing land use map identifies properties containing structure whether the
structure is occupied or vacant.
Public hearing was closed.
Motion by Mims, seconded by Noyola, to approve Staffs recommendation. Motion passed unanimously
with Berlanga abstaining and Kelly and Sween-McGIoin being absent.
323
Pag~ I of 3
AN ORDINANCE
AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY
KOCH PETROLEUM GROUP. Lo P., BY CHANGING THE ZONING MAP
IN REFERENCE TO LOTS I THROUGH 4 AND 17 THROUGH 20,
BLOCK 25, NUECES BAY HEIGHTS EXTENSION, FROM "R-'IB" ONE-
FAMILY DWELLING DISTRICT, "R-1B" ONE-FAMILY DWELLING
DISTRICT WITH A "SP" SPECIAL PERMIT, "A-l" APARTMENT
HOUSE DISTRICT, "A-I" APARTMENT HOUSE DISTRICT WITH A
"SP" SPECIAL PERMIT, AND "B-I" NEIGHBORHOOD BUSINESS
DISTRICT TO "B-3" 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 KOCH Petroleum Group, L. P., for
amendment to the zoning ordinance and zoning map of the City of Corpus Chdsti;
WHEREAS, with proper notice to the public, public hearings were held on Wednesday,
July 19, 2000, during a meeting of the Planning Commission, and on Tuesday,
August 29, 2000, 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 Chdsti, Texas, is
amended by changing the zoning of Lots I through 4 and 17 through 20, Block 25,
Nueces Bay Heights Extension, located on the east side of Nueces Bay Boulevard,
between Moore and Minton Streets, from "R-1B" One-family Dwelling District, "R-1 B"
One-family Dwelling Distdct with a "SP" Special Permit, "A-1" Apartment House District,
"A-1" Apartment House Distdct with a "SP" Special Permit, and "B-1" Neighborhood
Business Distdct to "B-3" Business District.
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 I 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, 1973, 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.
\\C~TYHALL~2\USERS~-EG~D~R\VER~N~A\~DCURT~S~/~Y~C~2~P&Z~RD~D~YLEC~-~7~4a~d~c
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 Chfisti.
SECTION 7. That upon written request of the Mayor or five Council members, copy
attached, the City Council (1) rinds 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 29TM day of August, 2000.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Samuel L. Neai, Jr.
Mayor, The City of Corpus Christi
APPROVED AS TO LEGAL FORM August 21, 2000
James R. Bray, Jr.
Senior Assistant City Attorney
\\CITYHALL~2\USERS~-EG~DIR~VER~N~A\DDCURT~S~/~YD~CS~P&~RD~D~YLEC~Z~7~4A~D~C
32s
CI i Y CUUN(jIL
AGENDA MEMORANDUM
August29,2000
AGENDA ITEM:
Amending the City Code of Ordinances, City of Corpus dhdsti, Chapter 33, Offenses
and Miscellaneous provisions, Article VI. Graff'~i Control, by holding property owners
responsible for the removal of graffiti from their property; providing for cdminal
prosecution for failure to remove graffiti from their property; allowing the city, after
reasonable notice, to remove the graffiti if the property owner fails to do so; providing
for an effective date; and providing for publication.
ISSUE:
The City of Corpus Chdsti has been working with several community organizations: the
Junior League of Corpus Chdsti, Beautify Corpus Chdsti Association, Make Amends
Program, Neighbors on Watch, the Nueces County Juvenile Justice Center and others
to address this ongoing spread of graffiti vandalism to facilitate removal of graffiti from
public and private property. This ordinance amendment affects principally the particular
property owner involved with the graffiti on their property.
Research indicates that graffiti acts as an advertisement for gangs and is counter to the
city's goals in combating youth violence in our community. Graffiti is unsightly and
decreases property values and the quality of life in our community. As the city
attempts to attract new industry and increase the property tax base, these efforts are
thwarted by a continuing growth of graffiti throughout the community.
REQUIRED COUNCIL ACTION:
Approval of ordinance with proposed revisions.
RECOMMENDATION:
Approval of ordinance amendment as proposed.
FUNDING:
Approval of this ordinance does not require any funding at this time. The vadous city
departments tasked with monitoring and enfomement of this ordinance will monitor the
impact and any subsequent increase in workload and will absorb initial costs until the
operating budget has been modified to include this activity.
Marco A. Cisneros
Director, Park and Recreation Department
327
AGENDA MEMORANDUM
BACKGROUNDINFORMATION
The city finds that the existing law is inadequate to combat graffiti in the city. This proposed
ordinance contains revisions that provide improved descriptions, definitions and expands the
authority of enforcement. The intention is to provide additional enforcement tools to protect
public and private property from graffiti. It also provides that property owners must take
responsibility for removal of graffiti on their property. This may be done by removal or over-
painting by the property owner. The property owner may also provide wdtten permission for
removal by volunteers or community painting groups, at no cost to the property owner.
The success of this revised ordinance will be determined by the contribution and assistance
of volunteer groups such as the Junior League of Corpus Chdsti. There are a vadety of
community partners or stakeholders who have expressed their support and determination to
assist the property owner who does not have the financial means to remove graffiti. These
volunteer groups offer not only volunteers and organized effort but also the necessary funds
to purchase the paint supplies to cover graffiti. However, if these volunteer groups should
choose to discontinue their involvement in this program, the city does not have this activity
budgeted for. The city would need to absorb the costs associated with this operation.
Over the last year various community organizations have worked together with several city
departments: Park and Recreation, Code Enforcement, Municipal Court, Legal and others, to
insure the successful coordination for development of this ordinance. The purpose has been
to expressly communicate to the public the importance of addressing the ever-increasing
issue of graffiti on both pdvate and public property throughout the city.
This ordinance provides that the property owner has a specific obligation to remove graffiti in
a timely manner from their property. If the property owner refuses to consent to the removal
of the graffiti from the premises after receiving the required city notice, the city has a number
of options to work with. The city has the right to remove the graffiti from the premises with its
own resources or to have the graffiti removed from the premises by volunteer or community
service paihting groups at no cost to the property owner. However, if the owner fails to
remove the graffiti from the property, the owner shall be subject to a $500 fine. The city has
few resources to remove graffiti, therefore it is cdtical that these volunteer or community
service painting groups take ownership of these responsibilities to assist the property owner
who lacks the funds to remove graffiti.
Research indicates that graffiti acts as an advertisement for gangs and is counter to the city's
goals in cornbating youth violence in our community. Graffiti is unsightly and decreases
property values and the quality of life in our community. As the city attempts to attract new
industry and increase the property tax base, these efforts are thwarted by a continuing
growth of graffiti throughout the community.
The proposed revisions would strengthen the graffiti ordinance and make it easier for
volunteer and community service organizations to work with the city, in a timely manner
(within 30 days) to cover the graffiti. Violations of this ordinance would be placed on the
Municipal Court Compliance docket. If a defendant had received proper notice to appear
and failed to do so, that defendant would be eligible for warrant status. These community
efforts have been a successful collaboration between community groups, volunteers, vadous
governmental agencies and entities including N~ces County.
_ 1
AN ORDINANCE
AMENDING THE CITY CODE OF ORDINANCES, CITY OF CORPUS
CHRISTI CHAPTER 33, OFFENSES AND MISCELLANEOUS
PROVISIONS, ARTICLE VI. GRAFFITI CONTROL, BY HOLDING
PROPERTY OWNERS RESPONSIBLE FOR THE REMOVAL OF
GRAFFITI FROM THEIR PROPERTY; PROVIDING FOR CRIMINAL
PROSECUTION FOR FAILURE TO REMOVE GRAFFITI FROM THEIR
PROPERTY; ALLOWING THE CITY, AFTER REASONABLE NOTICE, TO
REMOVE THE GRAFFITI IF THE PROPERTY OWNER FAILS TO DO SO;
PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR
PUBLICATION.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. Chapter 33 of the Code of Ordinances, Article VI. is amended to read as follows:
DIVISION 1. GENERAL PROVISIONS
Sec. 33-100. Purpose and intent.
The city council enacts this article to help prevent the spread of graf~ti vandalism and to
facilitate ramoval ofgmffiti from public and private property.
The council finds that gmffiti is a public nuisance and destructive of the rights and values of
property Owners and the entire community. Unless the city acts m remove graffiti from public and
private property, the graffiti tends to remain. Other properties then become the target ofgraffiti, and
entire neighborhoods are infected and become less desirable places in which to live and support
families. Graffiti erodes property values which reduces critical tax base. Graffiti intimidates citizens
and promotes a lawbreaking environment.
The council finds that existing law is inadequate to combat graf~ti in the city. This article
is intended to provide additional enforcement tools to protect public and private property from
graffiti, and shall not be construed to conflict with existing state laws.
The council finds that property owners must take responsibilitw' for removal of eraffiti on
their orooertv. This may be done bv removal or overpaintin~ bv the prooertv owner. or bv the
property owner orovidin~, written permission for removal bv volunteers or community paintina
groups.
Bmord00. I 16
329
2
Sec. 33-101. Definitions.
Unless a provision explicitly states otherwise, the following terms and pkrases shall have the
meanings designated.
Aerosolpaint container means any aerosol container that is adapted or made for the purpose
of applying spray paint or any other substances capable of defacing property.
Consent means assent in fact, express or apparent, by a person legally authorized to act for
the owner.
Felt tip marker means any felt tip marker or similar implement with a fiat or angled writing
surface that, at its broadest width, is one-f~t~ th- inch three-eighths of one inch or greater, containing
ink whether water soluble or not.
Gra~ti means any unauthorized inscription, word, letter, figure, painting, drawing, mark,
or other defacement that is written, marked, etched, scratched, sprayed, drawn, painted, or engraved
on or otherwise affixed to any surface of public or private property, without adcancc coiiscnt of the
Graffiti implement means any aerosol paint container, paint gun, paint ball gun, felt tip
marker, paint stick or graffiti stick, brush. or etching tool or etching device capable of scarring,
marking, or otherwise defacing glass, metal, concrete, wood, or any surface.
Minor means. for the purposes of this Article. any person under eigh~ccii twenty-one (-I-821 )
years of age.
Owner means any person who has title to the property or legal right to control the property,
including. the owner's authorized representative.
Paint stick or graffiti stick means any device containing a solid form of paint, chalk, wax,
epoxy, or other similar substance capable of being applied to a surface, and upon application, leaving
a visible mark.
Removal means any method of obscuring, covering. eradicating, sandblasting. treating.
overpainting. or washint which serves to combat the existence and appearance of ~raffiti.
Unauthorized means without the advance consent of the owner and without authority o f law.
regulation. or ordinance.
Volunteer or Commttnitv Service Painting Groups means organizations whose activities
include oroiects to cover ,2_raffiti. This purpose does not include painting houses. fences. or
Bmord00. 116
331
structures to enhance their value.
DIVISION 2. OFFENSES
Sec. 33-102. Ptohibit ,,cts Defacement.
(a) Dtf~ementApplication ofgraf~ti. Application ofgraffiti is unlawful under Texas Penal
Code 28.03 (criminal mischief) and shall be prosecuted thereunder.
(b) Mi,wJ '~ possession of,g, .~ffiti i,,~pI~me,.t. A nfino~ coaunlts an o-fix. rise if fl~c
possesses a ~xg~ti i.xplen.~nt ~ ~blic o. vriv~c p. opt. t: . It sh~l be a dcfen~ to p,osccution ~at
~.c ~rd~ti implcm~xa ~as possessed with the advm.cc cousent of the p~pe. t~ '~ ~ct. It shall bc
a fm~ct dcf~..~c to ~.osecutioh that the gtaf~ti imp~h~eut ~ pos~ssM ;n a pla¢c ~hc~c it was
goil~g to bc ~cd ih a n~.g. dfiti acti~ty, such as c,hpl~y h~c,a, S&OO1, cloth, rot, ~ ~.cK ~ctNity,
or c,~a~ ~ ot ~ohx such place.
(c) Cloa~d.~,, ore, ty, F.,~e~ion of~;, ~ffit; i,,Fl~.,~,,t. A pc.~on commits m~ o~i~e if hc
possesses a ~d~ti i..pl~..~nt i. ~iy p~blldy- o~.cd ~t v. iva~ly-owncd Nildiug, facility, p~k,
school gt~nd, play~.ound, swl.m..ing pool. fisht-of-~ay, ot ~hc. F.~c. ty, or grounds thc.~of,
~hch such pxvF~ty is cloud ~ the Nbllc. It shall bca dc~use ~ pt~gcation ~.at the pe.~oa's
p,c~cnc~ ;., the closed ~ea w~ Mth the advm~cc conse.t office ~nct.
(d)(b) Aoplicator 's ,'7,ii,'ui e failure to remove graffiti. A pemon who applies graffiti commits
an offense every day the person falls to remove the graffiti and restore the property to its original
condition,
(r)~ Parental duty. A parent may be prosecuted under City Code section 33-48 for lack of
supervision related to graf~ti, ,rod is civilly liable. A parent's civil liability for ~raffiti damage
rcg&dlcss of fault under bv a child is controlled bv Texas Family Code section 41.001 33.01.
See. 33-103. Possession of grafati implement.
(a) Minor's oossession oferaf~ti implement. A minor commits an offense if the minor
possesses a araffiti imolement on public or vrivate property. It shall be a defense to prosecution that
the ~raffiti implement was possessed with the advance consent of the vropertv's owner. It shall be
a further defense to orosecution that the graffiti implement was possessed in a place where it was
~oing to be used in a non~raffiti activity. such as emplovment. school. chumh. art. or other activiw.
or enroute to or from such place.
(b) Closed prot~ertv: possession ofgraffiti implement. A oerson commits an offense if he
possesses a araftiti implement in any publiciv-owned or vrivatelv-owned building. facility. park.
school around. plav~round. swimmin~ pool. ri,oht-of-wav. or other property. or ~rounds thereof.
Bmord00,116
333
4
when such property is closed to the public. It shall be a defense to prosecution that the person's
presence in the closed area was with the advance consent of the owner.
Sec, 33-104. Removal of graffiti by t~roperW owner; City removal of t~raffiti upon failure of
property owner to do so; notice re~luired.
(a) Property owner's Failure to remove graf~ti. A person commits an offense if the person
is the owner of the property and knowingly fails to remove, or fails to consent to the removal of
graffiti from the propertv, within 30 days of receipt of written notice provided by the City in
accordance with subsection (e) of this section when the ~raffiti is visible from:
public place:
(2~ Public right-of-way; or,
(3~ Another person's property.
(b) Presumed lack oFconsent to apply. Unless the owner proves otherwise, lack of consent
will be presumed under circumstances tending to show:
That there is no evidence of st~eci~c written authorization of the graffiti bv
the property owner:
That the graffiti is inconsistent with the desilzn and use of the subject
property: or,
(3) That the person applying, the oraffiti was unknown to the property owner.
(c) Defense. It is a defense to prosecution that the defendant consented to placement of the
~raffiti in advance of its anplication.
(d) City may remove ~raflTti. If the property owner refuses to consent to the ramoval of the
Graffiti from the premises after receiving the notice required by subsection (e) of this section, the
Citv has the right to remove the ~,raffiti from the premises or to have the ~raffiti removed from the
premises bv volunteer or community service paintin~ ~roul>s.
(e) Notice of violation. The City must notify the property owner in writing that the owner' s
property appears to have ~,raffiti. inform the owner that free removal is available through a specified
pro,oram. and inform the owner that the owner's consent to removal through the designated pro,orarn
will be presumed unless the owner notifies the City otherwise within 15 davs of the notice. The
notice mav be served by handin~ it to the person or bv United States certified mail. return receipt
requested. addressed to the owner at the owner's post office address as shown on the tax rolls of the
Binoral00.116
334
-- 5
city or of the countv in which the premises are located. If the owner cannot be found or the letter is
returned by the United States Postal Service. then the owner may be notified by:
publishing the notice two times in a newspaper of ~eneml circulation:
postina the notice on or near the from door of each building on the premises
to which the violation relates: or
postina the notice on a placard attached to a stake driven into the ~round on
the premises to which the violation relates. if the premises contain no
buildings.
See. 33-105. Criminal penalty.
An offense under this article shall be punishable by a fine of not less th&x two hu,~dn:d
dollzu~ ($200.00) nor .jo~ thaix five hundred dollars ($500.00). A second conviction of violatiou
of this/utidc m~d any subscqucht violations thereof shall be punished by a fi/x~ of ~ ,~ h~adrcd
dollars ($500.00).
DIVISION 3. ANTI-GRAFFITI ACTION
S~c. 33-104. See. 33-106. Anti-graffiti action.
The ~ii~ City ...,.,$er Manager &,d l,i~ or City Manager's designee ~re is directed to
consider -~qd implement, as foaud app, opriatc as resources oermit, measures aimed at gmffiti control,
including but not limited to:
(I) Providing public information on free and restitutional graffiti removal programs and on
contractors who perform removal services.
(2) Coordinating governmental and volunteer graffiti removal programs through the
formation ofa Graffiti Task Force made un ofcommuniw stakeholders workin~ on the eradication
of graffiti.
(3) Providing information on methods to discourage gmffiti, such as building techniques,
lighting, and landscaping.
(4) Creating a reward program for information concerning graffiti vandals. with public
advertisement thereof.
(5) Removing graffiti promptly from city-owned property. includin~ traffic boxes.
Braord00.116
335
(6) Requiring property owners Encomagc.,cnt to lsusit~css a~d ho.,~ owners to remove
graffiti a.s soon as possible within thirty (30) days of receipt of written notice.
(7) Encouraging a paint bank ~'om which community-based groups or individuals may obtain
paint and materials needed to remove graffiti, and encouraging businesses and other potential donors
to contribute to the paint bank.
(8) Educating parents and the public that parents are liable for damages caused by their child's
graffiti.
(9) Encouraging anti-graffiti education in schools.
(10) Establishing a system for the city to accept assignment of claims from graf~ti victims
in order to file damage suits against parents and graffiti vandals.
(11 ) Evaluating annually the effectiveness of this article, and recommending to the council
possible need to adopt additional measures.
SECTION 2. 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 hereof be given full force and effect for
its purpose.
SECTION 3. Section 1 of this ordinance is effective upon final adoption by the City Council.
SECTION 4. 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.
BrnordO0, I 16
336
CITY COUNCIL
AGENDA MEMORANDUM
August 10, 2000
AGENDAITEM:
Ordinance amending the Election Ordinance adopted on August 29, 2000
(Ordering a special election on November 7, 2000) to add a ballot proposition for
sale of certain park land.
ISSUE:
The Park and Recreation Department is currently responsible for the ongoing
maintenance of certain land parcels that have been labeled as park land but are
not suitable or large enough to be developed and used as a traditional
neighborhood park. The department would like to remove this property from the
city's land inventory by way of the sale of these certain land parcels.
REQUIRED COUNCIL ACTION:
The sale of any park land must be approved by public referendum. In order for
this item to be incorporated as a part of the November 7, 2000 election, the City
Council must first amend the Election Ordinance adopted on August 29, 2000 to
add a ballot proposition for the sale of certain park land.
RECOMMENDATION:
Staff recommends that the City Council amend the Election Ordinance adopted
on ;~ugust 29, 2000 to add a ballot proposition for the sale of certain park land
ALTERNATIVES:
The City Council may choose to defer this action to a later election date.
PRIOR/FUTURE COUNCIL ACTION:
The City Council reviewed this item as a presentation at the July 18, 2000 City
Council meeting.
BOARD/COMMITTEE REVIEVV:
The Park and Recreation Advisory Committee at its July 10, 2000 meeting
recommended that the City Council consider adding this item to the November 7,
2000 election.
337
FUNDING:
Any monies that are derived from the sale of these park land parcels if the
referendum is approved by the voters will be used for the improvement of
existing parks or the development of any future parks.
Ma~ A. Cisn~r
F/Park and Recreation Dept,
ADDITIONAL SUPPORT MATERIAL
Background Information X
Ordinance/Resolution X
Contract Summary
Map(s) X
338
AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMATION
BACKGROUND:
The Park and Recreation Department is currently responsible for the ongoing
maintenance of certain land parcels that have been labeled as park land but are
not suitable or large enough to be developed and used as a traditional
neighborhood park. The department has many other grounds and facility
responsibilities that it could direct its efforts to if the grounds maintenance
responsibilities associated with these parcels were eliminated by the disposal of
the land.
In many instances, while these parcels may not be used for park purposes they
may be of value to a pdvate owner for a house or other type of residential
improvement. Some of the parcels are so small that the adjacent property owner
would be the most suitable user of the land. These parcels would also be put
back on the ad valorem tax rolls rather than continue to be considered tax
exempt property.
The City Council did ask that Meldo Park be added to this list, and staff did so.
The entire process is a new one for the city. While staff is recommending that
this item be included as a part of the November 7, 2000 election, the City Council
may opt to include it as a part of the April 2001 election. However, if the
referendum vote is successful, it will help the department in accemplishing its
mission of providing the basic maintenance services as required for the current
parks existing throughout the city.
The final list of properties has been shortened to include ten separate parcels to
consider for the referendum. This was a result of the final review and
determination by city staff that many of the parcels were not parks at all. They
were right of way sections such as Angle and Waco Triangles. We also had
parcels that while they were dedicated parks the city still had use for those
properties in non-park related functions such as the Cenizo Canyon property
continuing to be used as a natural drainage way in its currant state. Therefore,
staff removed these types of properties from the referendum list. The city would
still retain the right to dispose of any of the non-park properties in any manner it
chose. Should the referendum pass, then the city may choose to add other city
properties that it has no use for to the property sales list.
339
Property Maintained
by the City
ARCADIA
N
PROPERTY MAINTAINED BY CITY ~ CitY Of
i Co LIS
~ ~ Chrlsti
~y: De~a~ment of PlanninO, ~ q 8, 2000 - GV - ' ~
Property Maintained t ~ ~ ''~
by the City ~ ~
Buford Street
HIGHLAND TRIANGLE
N
o
PROPERTY MAINTAINED BY CITY ~ City
50 100 Feet
I , C.OF~tiS
--~' "-- Chnsti
Map by: Department of Planning, ~l~ty 14, 2000 - CV '- '
AYERS STREET ROW
PROPERTY MAINTAINED BY CITY ~
0 200 400 Feet C~,~V Of
, , . c.oh~us
~ ~- Chr~sti
Map by: Depa~ment of Planning, d~ 14, 2000 - CV ~ ' '
PARKVIEW
PROPERTY MAINTAINED BY CITY :'
o ~oo 2o0 ~.t ~ Ci~ of
, I Corpus
"' "Chrlsti
Map by: Department of Planning, J~ 17, 2000 - CV '= ' '
Property Maintained
by the City
-
Interstate Highway No. 37
MARTIN. LUTHER KING
N
PROPERTY MAINTAINED BY CITY ~
.o ~oo ~.t Ci~ of
; . Corpus
~ ~ Chnsti
Map by: Department of Planning, J~ 14, 2000 - CV'= ' ~ -
Property Maintained
by the City
BROADMOOR PARK
N
PROPERTY MAINTAINED BY CITY
loo 200 Feet
Map by: Department of Planning, J~ 17, 2000 - CV
City of
Corpus
Chnsti
3~
Property Maintained
by the City
Tuloso Midway School
TULOSO PARK
8209 Timberline Drive
N
PROPERTY MAINTAINED BY CITY ~ (_'l[\' ~[ '~ L
' ""h!~ I:
Map by: Department of Planning, ,,}kliy 17, 2000 - CV -- -
H.J. WILLIAMS
N
PROPERTY MAINTAINED BYCITY ~ Citv Of
® o ~oo ~oo F.,
~ I ' !15
' "Chrlsti
~ Ma~ ~y: De~aflment of Rann~n~, d~y ~ 7, 2000 - OV ~ ' '
OSO BAY
Property Maintained
by the City
SOUTH BAY
N
PROPERTY MAINTAINED BY CITY
100 200 Feet
Map by: Department of Planning, ,Jli~Y 14, 2000 - CV
City"
Corps
~ = Chns~i
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349
AN ORDINANCE
AMENDING THE ELECTION ORDINANCE ADOPTED ON
AUGUST 29, 2000 (ORDERING A SPECIAL ELECTION ON
NOVEMBER 7, 2000) TO ADD A BALLOT PROPOSITION FOR
SALE OF CERTAIN PARK LAND; AND DECLARING AN
EMERGENCY.
WHEREAS, the Election Ordinance adopted on August 29, 2000 ordered a special election
to be held on November 7, 2000, and approved six ballot propositions; and
WHEREAS, The City Council desires to submit an additional proposition to the voters
regarding whether sale of certain park land should be authorized.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF COREUS CHRISTI, TEXAS, THAT:
SECTION 1. the Election Ordinance adopted on August 29, 2000 is hereby mended by
adding the following to Section 7 following Proposition No. 6:
FOR
AGAINST
PROPOSITION NO. 7
SALE OF PARK LAND
Sale of the following parks, with proceeds of the sale to be used only to acquire and improve other
parks (acreage amounts are estimates):
*Tuloso, 8209 Timberline Drive (1.12 acres)
*Parkview, 3600 Parkview (0.5 acre triangle)
*Martin Luther King Triangle, 2600 MLK Drive (0.5 acres)
*Broadmoor, 1651 Tarlton (1.5 acres)
*H.J. Williams, 1500 Kennedy (2.0 acres)
* South Bay, 1001 Harbor Lights (0.2 acres)
*Meldo Park, 400 Brawner Parkway (0.5 acres)
*Arcadia, 1102 Florida (0.05 acres)
0JRB0502.022
350
__ 2
*Highland Triangle, 3000 Highland (0.02 acres)
*Ayers Right-of-way, (Home Road to Farmin) (2.5 acres)
SECTION 2. 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 forthe 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 this the day of ,2000.
ATTEST:
THE CITY OF CORPUS CHRISTI
City Secretary, Armando Chapa
Samuel L. Neal, Jr., Mayor
Legal form approved
James R. Bray, Jr.
City Attorney
2000
By:
Bryn Meredith
Assistant City Attomey
0JRB0502.022
351
ORDINANCE STATUS
AGENDA ITEM:
Prescribing the taxes to be levied, assessed and collected by the City of Corpus Chdsti,
Texas for tax year 2000 and for each succeeding year thereafter until otherwise provided
and ordained and such other years as the same may be applicable.
FIRST READING:
August 22, 2000
Passed: 8-0 (1 absent)
FINAL READING:
August 29, 2000
COMMENTS:
353
AGENDA MEMORANDUM
August 16, 2000
AGENDA ITEM:
An ordinance prescribing the taxes to be levied, assessed, and collected by the City of Corpus
Chdsti, Texas for tax year 2000 and for each succeeding year thereafter until otherwise provided
and ordained and such other years as the same may be applicable.
Issue:
The Texas Property Tax Code states that the oveming body of the taxing unit should adopt a tax
rate before the later of September 30 or the 6~~ day after the taxing unit receives the appraisal roll.
The rote will be comprised of two components: the rate needed to support the city's debt service and
the rate needed to support the city's maintenance and operation expenditures for FY 2000-2001.
Prior Council Action:
· Tuesday, July 25, 2000 - City Council adopted the City budget for FY 2000-2001 based on the
proposed tax rate of $.623726 per $100 valuation.
Future Council Action:
· Tuesday, August 29, 2000 - Council approval of the 2000 tax levy.
Required Council Action:
· Adoption of ed valorem tax rate by ordinance.
Recommendation:
Staff recommends that the City Coundl adopt an ad valorem tax rate of $.623726 per $100 valuation '-
for tax year 2000 to support maintenance and operation and debt service.
t~orof~nec?a~ Services
Additional Support Material:
Exhibit A" Background Information
Agenda/tax
354
BACKGROUNDINFORMATION
The Texas Property Tax Code states that the governing body of the taxing unit should adopt a tax
rote by September 30, or the 60th day after the taxing unit receives the appraisal roll, which ever is
later. The rate will be comprised of twb components: the rate needed to support the City's debt
service and the rate needed to support the City's maintenance and operation expenditures for
FY2000-2001. The proposed tax rote on $100 valuation for the, City of Corpus Chdsti for tax year
2000 is as follows:
$.4631326 for purpose of maintenance and operation
$.1605934 for payment of pdncipal and interest on debt
~ Total Tax Rate
The Code also requires a taxing unit to compute and publish an effective tax rate, which was done
on Sunday, August 6, 2000 in the Corpus Chdsti Caller-Times. The effective tax rate is generally
equal to the pdor years tax revenues divided by the current year's taxable values of properties that
were on the tax roll in both years. The effective tax rate excludes taxes on properties no longer in
the taxing unit and also excludes the current taxable value of new properties. For tax year 2000, the
effective tax rate is $0.615790/$100 valuation. Our proposed tax rate of $0.623726/$100 valuation
does not exceed 103% of the effective tax rate therefore we am not required to hold a public
headng. Though the proposed tax rate did not change from 1999, we effectively increased it by
$0.007936/$100 valuation, translating into a $727,645 increase in tax revenues from 1999.
The City's 2000 net taxable value is $7,652,057,403, which is $189,472,199 above last years 1999
certified value of $7,462,585,204. This value produces an ad valoram tax levy of $47,727,871,
which is $1,181,787 greater than last year, and only $5,138 less than the amount budgeted for
FY2000-2001.
Agenda/tax
355
AN ORDINANCE
PRESCRIBING THE TAXES TO BE LEVIED, ASSESSED AND
COLLECTED BY THE CITY OF CORPUS CHRISTI, TEXAS, FOR TAX
YEAR 2000 AND FOR EACH SUCCEEDING YEAR THEREAFTER UNTIL
OTHERWISE PROVIDED AND ORDAINED AND SUCH OTHER YEARS
AS THE SAME MAY BE APPLICABLE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION I. The City Council of the City of Corpus Christi does hereby levy and adopt the
tax rate on $100 valuation for this city for tax year 2000 as follows:
$.4631326 for purpose of maintenance and operation
$. 1605934 tbr payment of principal and interest on debt
$.6237260 Total Tax Rate
SECTION 2. That there is hereby levied, to be assessed and collected in current money of
the United States of America, for the use of the City of Corpus Christi. Texas, for the year 2000, and
for each succeeding year thereafter, until otherwise provided and ordained, an annual ad valorem tax
of $.4631326 on each One Hundred Dollar value thereof, on all property, real, personal and mixed,
located within the said City of Corpus Christi, upon which a tax is authorized to be levied by law,
and upon all franchises of all individuals, partners and corporations holding franchises in the City
for defrayment of current expenses of the government, including but not limited to street
improvement of said City. Said tax shall be assessed upon 100 percent of the market value of
property subject thereto.
SECTION 3. That there is hereby levied, to be assessed and collected in current money of
the United States of America, for the use of the City of Corpus Christi, Texas, for the year 2000 and
for each succeeding year thereafter, until otherwise provided and ordained. an annual ad valorem tax
of $. 1605934 on each One Hundred Dollars value on all property, real, personal, and mixed, and
franchises described in Section 2 of this ordinance and assessed upon 100 percent of the market
value of property subject thereto, said taxes to be appropriated for the purpose of creating a sinking
fund to pay the interest and principal maturities on all outstanding City of Corpus Christi bonds not
otherwise provided for, and including the interest, agent fees, and maturities of the following City
of Corpus Christi bonds:
H:\LEG-DIRLqMM'fiWPDOCSXFINANCEXOjRB t 000.501 (dkw)
356
GENERAL OBLIGATION BONDS AND INTEREST
MATURING AUGUST 1, 2000 - JULY 31, 2001
1987 General Obligation
1989 Certificates of Obtigation
1990 General Obligation
t 990A Certificates of Obl igation
1990A General Obligation
1992 General Obligation
1992 Ce~i~cates of Obligation
1992A Certificates of Obligation
1993 General Obligation
19q3 Certificates of Obligation
1994A Certificates of Obligation
1994B Certificates of Obligation
1995 General Obligation
1995 Certificates of Obiigation
1995A General Obligation
1995B General Obligation
1996 Certificates of Obligation
1998 Certificates of Obligation
Principal Inte~st & Fees Total
3.461,098 $ 6,028,902 $ 9,490,000
80,000 5,600 85,600
180,000 12,600 192,600
I50,000 9,900 159,900
550,000 45,375 595,375
0 657,738 657,738
125,000 ~ 96,815 221,815
20,000 2,815 22,815
1,350.000 815,597 2.165,597
80,000 42,350 122.350
I00,000 161.450 261,450
150,000 87,725 237,725
320,000 1.570.725 1,890.725
475.000 503.000 978.000
10,000 44.770 54,770
350,000 435,933 785,933
150,000 I98,312 348,312
600,000 445,900 1,045,900
8.151,09g $11.165.507 S 19.316,605
In addition to the ad valorem tax levy totaling $47,727,872, the balance of this debt, if any,
incurred by the City of Corpus Christi shall be funded from sources other than ad valorem taxes.
SECTION 4. That all taxes for the year 2000 hereby levied shall be due on receipt
of the tax bill and shall be delinquent if not paid before February 1, 2001, except as otherwise
provided in the Texas Property Tax Code; and penalty and interest shall be due on any delinquent
taxes as provided by Chapter 33 of said Property Tax Code. No discount shall be allowed for early
payment of taxes. The Texas Constitution, Property Tax Code, and other applicable laws shall
govern all matters related to the taxes levied herein, and the City. shall have all authority. thereunder.
SECTION 5. 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.
H:\LEG-DIRMIIMMY~WPDOCS\FrNANCEX0JRBI000.501(dkw) 357 2
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 hereof be given full force and
effect for its purpose.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa, City Secretary
Samuel L. Neal, Jr., Mayor
LEGAL FORM APeROVED ~ ~7L
By: ~~
omey
/S-~
,2000, JAMES R. BRAY, JR., CITY ATTORNEY
H:\LEG-DIRUIMMY~WpDOCS\FtNANCEX0JRBI000.501(dkw) 3
358
AN ORDINANCE
PRESCRIBING THE TAXES TO BE LEVIED, ASSESSED AND
COLLECTED BY THE CITY OF CORPUS CHRISTI, TEXAS, FOR TAX
YEAR 2000 AND FOR EACH SUCCEEDING YEAR THEREAFTER UNTIL
OTHERWISE PROVIDED AND ORDAINED AND SUCH OTHER YEARS
AS THE SAME MAY BE APPLICABLE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION !. The City Council of the City of Corpus Christi does hereby le~,y and adopt the
tax rate on $100 valuation for this city for tax year 2000 as follows:
$.4631326 for purpose of maintenance and operation
$. 1605934 tbr payment of principal and interest on debt
~ Total Tax Rate
SECTION 2. That there is hereby levied, to be assessed and collected in current money of
the United States of America, for the use of the City of Corpus Christi, Texas, for the year 2000, and
for each succeeding year thereafter, until otherwise provided and ordalned. an annual ad valorem tax
of $.4631326 on each One Hundred Dollar value thereof, on all property, real, personal and mixed,
located within the said City of Corpus Christi, upon which a tax is authorized to be levied by law,
and upon all franchises of all individuals, partners and corporations holding franchises in the City
for defrayment of current expenses of the government, including but not limited to street
improvement of said City. Said tax shall be assessed upon 100 percent of the market value of
property subject thereto.
SECTION 3. That there is hereby levied, to be assessed and collected in current money of
the United States &America, for the use of the City of Corpus Christi, Texas, for the year 2000 and
for each succeeding year thereafter, until otherwise provided and ordalned, an annual ad valorem tax
of $. 1605934 on each One Hundred Dollars value on all property, real, personal, and mixed, and
franchises described in Section 2 of this ordinance and assessed upon 100 percent of the market
value of property subject thereto, said taxes to be appropriated for the purpose of creating a sinking
fund to pay the interest and principal maturities on all outstanding City of Corpus Christi bonds not
otherwise provided for, and including the interest, agent fees, and maturities of the following City
of Corpus Christi bonds:
H:\LEG-DIRUIMMY~WPDOCS\FINANCE\0JRBI000.501(Okw) 359 1
GENERAL OBLIGATION BONDS AND INTEREST
MATURING AUGUST 1, 2000 ~ JULY 31, 2001
1987 General Obligation
1989 Certificates of Obligation
1990 General Obligation
1990A Certificates of Obligation
1990A General Obligation
1992 General Obligation
1992 Certificates of Obligation
1992A Certificates of Obligation
1993 General Obligation
19c~3 Certi ticares of Ob l igat ion
1994A Certificates of Obl igation
1994B Certificates &Obligation
1995 General Obligation
1995 Certificates of Obl igation
1995A General Obligation
1995B General Obligation
1996 Certificates &Obligation
1998 Cert!ficates of Obligation
Principal Interest&Fees Total
$ 3,461,098 $ 6,028,902 $ 9,490,000
80,000 5,600 85,600
lg0,000 12,600 192.600
150,000 9,900 159,900
550,000 45,375 595,375
0 657,738 657,738
125,000 96,815 221.815
20.000 2,815 22,815
1.350.000 gl5.597 2,165.597
80.000 42.350 122.350
100,000 161.450 261.450
150,000 87,725 237.725
320,000 t,570.725 1,890,725
475.000 503,000 978,000
10.000 44,770 54,770
350.000 435.933 785,933
150.000 198,312 348,312
600.000 445.900 1,045,900
$ 8.151.098 $ 11.165.507 $ 19.316,605
In addition to the ad valorem tax levy totaling $47,727.872. the balance of this debt, if any,
incurred by the City of Corpus Christi shall be funded from sources other than ad valorera taxes.
SECTION 4. That all taxes for the year 2000 hereby levied shall be due on receipt
of the tax bill and shall be delinquent if not paid before February 1, 2001, except as otherwise
provided in the Texas Property Tax Code; and penalty and interest shall be due on any delinquent
taxes as provided by Chapter 33 of said Property Tax Code. No discount shall be allowed for early
payment of taxes. The Texas Constitution, Property Tax Code, and other applicable laws shall
govern all matters related to the taxes levied herein, and the City shall have all authority thereunder.
SECTION 5. If for any mason 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,
H:\L EG-DIR~J IMMY~ WPDOCS\FINANCE~OJRB I OOO,5O I ( dkw) 2
360
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 hereof be given full force and
effect for its purpose.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa, City Secretary
B y: ~Tian~
omey
Samuel L. Neai, Jr., Mayor
,2000, JAMES R. BRAY, JR.. CITY ATTORNEY
I'~:\LEG-DIR~JIMMY~WPDOCS\FINANCL~0JP-BI000.501(dkw)
AGENDA MEMORANDUM
August 23, 2000
AGENDA ITEM:
A motion appmving the 2000 Tax Levy of $47,727,872 based upon the adopted tax rate of $.623726
per $100 valuation in accordance with Section 26.09(e) of the Texas Property Tax Code.
Issue:
The Texas Property Tax Code establishes rules for adoption of the ad valorera tax rate and approval
of the tax levy. Section 26.09(e) of the Code requires the assessor to submit the unit's tax levy to
the goveming body for approval.
Prior Council Actions:
· Tuesday, July 25, 2000 - City Council adopted the City budget for FY 2000-2001 based on the
proposed tax rote of $.623726 per $100 valuation.
· Tuesday, August 22, 2000 - City Council appmved on first reading an ordinance adopting the
ad valorem tax rate of $.623726 per $100 valuation.
Required Council Action:
Approval of the 2000 tax levy.
Recommendation:
Staff recommends that the City Council approve the 2000 tax levy of $47,727,872, which is
consistent with the amounts included in the adopted budget for FY2000-2001.
~do
Director of Financial Services
Additional Support Material:
Exhibit A Background Information
Exhibit B Copy of Ce~ification of Tax Levy
Agenda/levymotion
363
BACKGROUND INFORMATION
The Texas Properby Tax Code establishes rules for adoption of the ad valorera tax rate and approval
of the tax levy. Section 26.09(e) of the Code requires the assessor to submit the unit's tax levy to
the governing body for approval. The tax levy is the amount of current taxes to be collected for
2000-2001, which is dedved by applying the adopted tax rate to the certified appraisal roll.
The tax levy for 2000, based upon a tax rate of $.623726 per $100 valuation and a taxable value
of $7,652,057,403 is as follows:
TaxLevy
$35,439,173
$12,288,699
$47.~27.872
ComPonent
supporting the City's maintenance and operations
supporting the City's debt service
Total Tax Levy
This is an increase of $1,181,788 compared to the 1999 tax levy of $46,546,084.
The tax levy allocated to the General Fund of $35,439,173, and to the Debt Service Fund of
$12,288,699, is reduced by estimated delinquent collections and the City's portion of the estimated
Reinvestment Zone levy to ardve at the adopted FY2000-2001 current ad valorem tax budget of
$33,804,118 and $11,726,957, respectively.
A copy of the Certification of Tax Levy is attached.
Agenda/levymotion
364
Nueces County Courthouse
901 Leopard, Suite 301
Corpus Chrisa, TX 78401-3684
Ramiro "Ronnie' Canales
Assessor and Collector
Of Taxes
voice: (361) 888-0307
fax: (361) 888-0218
CERTIFICATION OF TAX LEVY FOR THE TAX YEAR 2000
CZTY OF CORPUS CHRISTZ
Total Appraised Value @ 100% of Market Value
Less: Partial Exemptions
Ag-Use account value loss and abatements
Total Net Appraised Value
Assessment Ratio
Total Taxable Value
2000 Adopted Tax Rate
2000 Ad Valoram Tax Levy
$9,018,221,819
($1,366,164,416)
$7,652,057,403
100%
$7,652,057,403
.623726/$100
$47,727,872
Submission of the Tax Levy for 2000 for approval by th City o us Christi City Council
in accordance with Section 26.09(e) of the Texas Pro~~~
Ramiro R. Canales, RTA
Nueces County
Tax Assessor-Collector
SWORN AND SUBSCPJBED TO before me at Corpus Christi, Texas this 23rd
day of August, 2000.
Notary Public, State of Texas
c A T. ACErEDO
THE STATE OF TEXAS
COUNTY OF NUECES
The Tax Levy is hereby appreved by the City of Corpus Christi City Council
on this day of August, A.D., 2000.
AI itS'r:
Armando Chapa, City Secretary,
City of Corpus Christi
Samuel L. Neal, 3r.,Mayor,
City of Corpus Christi
365
CITY COUNCIL
AGENDA MEMORANDUM
August 15, 2000
AGENDA ITEM: Ordinance extending the Bayfrom Plaza Convention Center and
Memorial Coliseum Concessionaire Agreement with Noble Food Service, Inc. for a
period of one year (January 1, 2001 to January 1, 2002).
ISSUE: The five year Concessionaire Agreement with Noble Food Service, Inc. will
expire at 3:00 AM on January 1, 2001. We need to act at this time to insure continuity of
service while we plan for the expansion of the Bayfront Plaza Convention Center.
BACKGROUND: We are currently in the process of selecting a design architect for the
expansion and renovation of the Bayfront Plaza Convention Center. The current
schedule calls for the City Council to award this contract in December 2000. The design
architect will need several months to design the expansion and to prepare the bid
documents for the construction phase.
We anticipate the expansion and renovation of the Bayfront Plaza Convention Center will
significantly affect the concession operation. Therefore, we need the additional time the
extension will provide in order to be able to provide prospective bidders with accurate
information concerning the improvements and to determine the equipment and
improvements the new concessionaire will be required to provide under the new
contract.
In addition, in November, our citizens will be given an oppommity to vote on a new
arena. If approved, the new facility will significantly affect the events that are presently
being held in Memorial Coliseum. It is important to have this matter resolved before
going out on a long-term contract.
Noble Food Service, Inc. has operated the concessions at the Bayfront Plaza Convention
Center and Memorial Coliseum for approximately 15 years and has done a good job.
They have agreed to extend their existing agreement at the same terms for an additional
twelve months. The percentage of gross receipts they pay to the City is fair and it would
be in the best interest of the City and our customers to allow them to continue their
operation until we are ready to go out for a long-term contract.
ALTERNATIVE: Direct staff to go out for bids at this time on a new five-year
Concessionaire Agreement.
367
AN ORDINANCE
AMENDING ORDINANCE NO. 022393 TO EXTEND THE BAYFRONT
PLAZA CONVENTION CENTER AND MEMORIAL COLISEUM
CONCESSIONAIRE AGREEMENT WITH NOBLE FOOD SERVICE, INC.
FOR A PERIOD OF ONE YEAR (JANUARY 1, 2001 TO JANUARY 1, 2002);
AND DECLARING AN EMERGENCY.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI:
SECTION 1. That Ordinance No. 022393 is amended to extend the Bayfront Plaza Convention
Center and Memorial Coliseum Concessionaire Agreement with Noble Food Service, Inc. for a
period of one year (January 1, 2001 to January 1,2002). A copy of the Agreement is attached as
"Exhibit A".
SECTION 2. 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 that requires consideration of and voting upon ordinances at two regular meetings so that this
ordinance is passed and takes effect upon first reading as an emergency measure this the __
day of ,2000.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa, City Secretary
City Attorney
By:
,2000
Samuel L. Neal, Jr., Mayor
I I :ILEG-DI R VERONICAUOHN\ORD0O. 100XJI'B()RI)O0 1114
368
AGREEMENT
EXTENDING BAYFRONT CONVENTION CENTER AND
MEMORIAL COLISEUM LEASE AGREEMENT
This Agreement Extending the Bayfront Convention Center and Memorial Coliseum
Concessionaire Agreement is between Noble Food Service, Inc.. ("Concessionaire") and the City
of Corpus Christi ("City").
WHEREAS. the concession agreement, effective at 3:01 a.m., January 1, 1996 for the
Bayfront Convention Center and Memorial Coliseum expires at 3:00 a.m., January 1, 2001,
("Agreement"); and
WHEREAS. City is in the process of studying improvements to the Bayfront Convention
Center and preparing for an election to increase the sales tax to fund a new arena; and
WHEREAS. City will need additional time to ascertain its requirements for a new lease
agreement with a Concessionaire; and
WHEREAS, City wants the present Concessionaire to continue operating the Bayfront
Convention Center and Memorial Coliseum Concession unffi a new concession agreement becomes
effective:
NOW, THEREFORE. City and Concessionaire agree as follows:
1. All terms and conditions of the Agreement shall be effective for this extension
period.
2. The extension period shall extend until 3:00 a.m. on January 1, 2002 subject to
earlier termination as set forth herein.
3. City can terminate the extension period(s) by giving Concessionaire thirty (30) days
notice in x~Titing.
E~H|EIT
369~
Section 908 of the Agreement being extended herein shall read as follows: The
Concessionaire agrees to indemnify and save harmless the City, its officers,
agents, and employees from and against any and all loss of or damage to
property of a third person or injuries to, or death of, any person or persons, and
from any and all claims, damages, suits, costs, expense, liability, actions or
proceedings of any kind whatsoever, in any way resulting from, or arising out
of the acts or omissions of officers and employees of the Concessionaire arising
out of this Agreement or the Coneessionaire's use and occupancy of the
Concession Premises. At its own cost and expense. Concessionaire will defend
and protect the City from any and all such claims or demand~ and will defend
all suits arising therefrom. Tl-.is language is identical to the language in the
Agreement but is re-printed herein in bold to conform to existing laws.
Concessionaire shall comply with the new insurance requirements attached hereto as
Exhibit "A~'.
H:\LEG-DIR\VERONICA,JOIINLA, GREEMNT~B-AGMT005
370
SIGNED THIS THE
ATTEST:
DAY OF
· 2000.
CITY OF CORPUS CHRISTI
Armando Chapa, City Secretary
David R~ Garcia, City Manager
By: Jo P. Burk~J(Z~"'~F
A~ity A~torney
,2000.
Noble Food Service, Inc., Concessionaire
By:X~_fl~"~
Name:
Title:
371
EXHIBffA
INSURANCE I~EOUTREMENTS
1. CONCESSIONAIRI?S LIARII ,ITY INSURANCE,
Concessionaire must not c~ence work under this aSreement until he/she has obtained all insurauce
required herein and such ksurance has been approved by the City. Nor m~r Concessionaire allow aw/
subcontractor to commence work until all similar insurance required of aw/subcontractor has been
so obtained.
Concessiona~ rtmst furrash to the City's Ri.~le Manager 2 copies of Cerltcates of Insurance, with the
City named as an additional instu'ed for all liability policies, and a blauket waive of subrogation on all
applicable policies showing the following minimum coverage by an insurance company(s) acceptable
to the City's Risk Manager.
TYPE OF INSURANCE
30-Day Notice of Caneetlafion requirmi on all ce~lkates
MINIMUM IN$URANCE COVERAGE
B~lfiy Injury and Property Damage
2.
3.
5.
6.
7.
8.
Products/Completed Operalions Hazard
Conlncuml
Broil Form Property D~,~ ' ge
perso~ injury
$1,000,000 COMBINED SINGI.F. LIMIT
AUTOMOBILE LIABILITY-OWNED, NON-OWNED OR
RENteD'
LIQUOR LIABILITY COVERAGE
WORKEI~'COMPENSATION
EMPLOYERS' LIABILITY
At a-,i~ran$20,000/$40,000Bodilylnjm3, snd
$15.000 Pmp~y.
SI,000.000 COMBINP. D SINGLE LIMIT
WHICH COMPLIES WITH THE TEXAS WORKERS'
COMPENSATION ACT AND PARAGRAPH H OF THIS
EXHIBIT
C. In the event of accidents of any kin& Concessionaire must furnish the Risk Manager with copies of all
reports of such accidents at the same time thai the reports are forwarded to any other interested parries.
catcrag ASR~m~t ins. req.
372
II. ADDITIONAL RF~OU!llFMENTS
Concessionaire must obtain workers' compensation coverage through a licensed insurance company
or through self-insurance obtained in accordance with Texas law. ff such coverage is obtained throu_~h
a ficensed company, the couh~:t for coverage rm~t be wtiuen on a policy and endorsements approved
by the Tex~s Depmhn~nt ofrn-mxrnnce.
The workers' compensation coverage provided must be in an mount ~ciem to assure that all
workers' compensation obligations incurred by the Concessionaire will be promptly met.
Certificate of Insurance:
The City of Corpus Christi must be named as an additional insured on the liability covenge,
except for the Workers' Compensation covenge and a blanket waiver of subrogation on all
applicable policies.
flyour insurance company uses the s~andard ACORD form, the cancellation dame (bottom
right) must be amended by adding the wording "changed oC' between '~e" and "cauceled',
and deleting the words, "endeavor to", and dele~ng the wording aRer 'qeR".
* The name of the project must be listed under "Description of Operations'
At a mininmm, a 3May written notlee to the Risk Manager of change or cancellation is
If the Certificate of Insurance on its face does not show on its face the existence of the
coverage required by items 1 .B (1)-(g), an authorized representative of the insurance company
must include a letter specifically stating whether items 1 .B. {1)-(8) are included or excluded.
373
Corpus Christi, Texas
day of ,2000.
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: Fwe, 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,
MAYOR
THE CITY OF CORPUS CHRISTI
Council Members
The above ordinance was passed by the following vote:
Samuel L. Neal, Jr.
Javier D. Colmenero
Melody Cooper
Henry Garrett
Dr. Amold Gonzales
Rex A. Kinnison
Betty Jean Longofia
John Longoria
Mark Scott
H:\LEG-DIR\VERONICA~IOItN~ORDOOA00~JPBORD00.104
374