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HomeMy WebLinkAboutAgenda Packet City Council - 08/28/2001 CITY COUNCIL AGENDA City of Corpus ChrIsti August 28, 2001 ----'I .. 12:00 p.m. - Joint Meeting of the City Council and the Arts and Cultural Commission to discuss the Commission's objectives and the Percent for Art Ordinance and related public art projects including, but not limited, to the seawall project, arena and convention center (Basement Training Room) 1:45 p.m. Proclamation declaring August 28, 2001 as "Ray G. Valdez Jr. Day" Proclamation declaring September 4, 2001 as "Y's Future for Kids Day" SWearing-in ceremony for newly appointed Board, Committee and Commission members AGENDA CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD AUGUST 28, 2001 1:00 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 Df the audience will be provided an DppDrtunity to address the Council at approximately 5:30 p.m. or at the end of the CDuncil Meeting, whichever is earlier. Please speak into the microphDne IDeated at the pDdium and state your name and address. Your presentation wiff be limited tD three minutes. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Si ud. Desea dirigirse al Concilio y cree que su ingles es limitado, habra un interprete ingles-espanol en todas las juntas del Concilio para 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 Dffice (at 361 880-3105) at least 48 hours in advance so that appropriate arrangements can be made. A. Mayor Samuel L. Neal, Jr. to call the meeting to order. B. Invocation to be given by Pastor Alston Kirk, Trinity Lutheran Church. 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 Rex A. Kinnison Council Members: Brent Chesney Javier D. Colmenero Henry Garrett Bill Kelly John Longoria Jesse Noyola Mark Scott City Manager David R. Garcia City Attorney James R. Bray, Jr. City Secretary Armando Chapa E. MINUTES: 1. Approval of Joint and Regular Meetings of August 21, 2001. (Attachment # 1) I Agenda Regular Council Meeting August 28, 2001 Page 2 F. BOARDS & COMMITTEE APPOINTMENTS: (Attachment # 2) 2. Port of Corpus Christi Authority . G. EXPLANATION OF COUNCIL ACTION: For administrative convenience, certain of the agenda items are listed as motions, resolutions, or ordinances. If deemed appropriate, the City Council 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 two 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. H. CONSENT AGENDA Notice to the Public The following items are of a routine or administrative nature. The Council has been furnished with background and support material 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 requiring 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 wiff vote on all motions, resolutions and ordinances not removed for individual consideration.) 3. Motion approving a supply agreement with the following companies for the following amounts for large lamps in accordance with Joint Governmental Purchasing Group Bid Invitation No. JGPG 01-1, for an estimated annual expenditure of $50,460.56, based on low bid. The term of the agreements shall be for twelve months with an option to extend for up to two additional twelve-month periods, subject to the approval of the suppliers, the Joint Governmental Purchasing Group, and the City Manager or his designee. The large lamps used by the City include: Incandescent 13,354; Flourescent 10,702: High Intensity 895; Quartz 695; Stage, Studio & Projector Lamps 306, and Ballast .-. 1 . CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end o!the agenda summary) Agenda Regular Council Meeting August 28, 2001 Page 3 399. Funds have been budgeted by the using departments for FY 2001-2002. (Attachment # 3) Mid-Coast Electric COrDUS Christi. Texas Group 1, 2, 3, & 6 $43,104.74 American Light COrDUS Christi. Texas Group 4 $3,420.42 Warren Electric COrDUS Christi. Texas Group 5 $3,935.40 Grand Total: $50,460.56 4. Motion approving the purchase of twenty-two computers from Microtek Sales, Inc., Corpus Christi, Texas to be used by the Central Library in accordance with the State ofTexas Cooperative Purchasing Program for a total of $39,490. Funds are available through the Telecommunication Infrastructure Fund (TIF) Grant. (Attachment # 4) 5. Motion approving a supply agreement with the following companies for the following amounts for mowing of rights-of-ways and parks, in accordance the Bid Invitation No. BI-0166-01, based on low bid for an estimated annual expenditure of $230,711.80. The terms of the contracts will be twelve months with an option to extend for up to two additional twelve-month periods subject to the approval of the suppliers and the City Manager or his designee. Funds have been budgeted by the Storm Water Department and Parks and Recreation Department in FY2001-2002. (Attachment # 5) Ram's Services Corpus Christi. TX Groups 1-6 $162,825 Sierra Services Sinton. TX Group 7 $67,886.80 Grand Total: $230,711.80 6. Motion approving the purchase of services for laboratory analyses for assessment of technically based local limits for priority pollutants, for the six wastewater treatment plants in accordance with Bid Invitation No. BI-0185-01, with Analysys, Inc., Corpus Christi, Texas, based on low bid for a total amount of $34,890. These analyses are required by the Texas Natural Resources Conservation Commission (TNRCC) to determine the pollutants in the wastewater. Funds have been budgeted by the Wastewater Department in FY2001-2002. (Attachment # 6) 1 f CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting August 28, 2001 Page 4 7. Motion approving the purchase of one 26' Van from Lynch Diversified Vehicles (LDV, Inc.), Burlington, WI, for the total amount of$190,912. The award is in accordance with the Federal Supply Schedule of the United States General Services Administration (GSA). The van will be used by the Police Department. Funds are available in the Law Enforcement Block Grant and Crime Control District monies in FY2001-2002. This item will be a new addition for the department. (Attachment # 7) 8. Motion authorizing the City Manager or his designee to execute a contract in the amount of $58,328.52 for purchase of services from the State of Texas, Department of Information Resources, to provide computer maintenance to the Police Department's Digital Equipment Corporation (DEC) and COMPAQ equipment being maintained by COMPAQ through its computer services contract with the State of Texas. (Attachment # 8) 9.a. Motion authorizing the City Manager or his designee to accept a grant in the amount of $753,411 and to execute a contract and all related documents with the Texas State Library and Archives Commission for the continued operation ofthe South Texas Library System located at Corpus Christi Public Library for the State Fiscal Year 2001-2002. (Attachment # 9) 9.b. Ordinance appropriating $753,411 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 # 9) 1 a.a. Motion authorizing the City Manager or his designee to accept a grant in the amount of $129,087 and to execute a contract and all related documents with the Texas State Library and Archives Commission for the continued operation of the Interlibrary Loan Referral Center located at the Corpus Christi Public Library. (Attachment # 10) 10.b. Ordinance appropriating $129,087 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 # 10) 1 ~ r CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting August 28, 2001 Page 5 11.a. Motion authorizing the City Manager or his designee to accept a grant in the amount of $2,500 from the National Endowment for the Humanities. (Attachment # 11) 11.b. Ordinance appropriating $2,500 from the National Endowment for the Humanities in the No. 1050 Federal/State Grants Fund to assess preservation needs of local history collections. (Attachment # 11) 12. Motion approving the application from Bayfest, Inc. to temporarily close the following street sections for the Bayfest 2001 Festival, September 21 - 23,2001. (Attachment # 12) a) Northbound Shoreline Boulevard (inside lane only), from the north right-of-way of the old Belden Street median crossover (exclusive of median crossover at Power Street) to Hughes Street, beginning at 9:00 a.m., Wednesday, September 12, 2001 through 5:00 p.m., Friday, September 21,2001 and from 6:00 a.m., Monday, September 24, 2001 through 5:00 p.m., Wednesday, September 26, 2001. b) Southbound Shoreline Boulevard (full closure), from the south right-of-way of Hughes Street to the north right-of-way of Power Street, beginning at 9:00 a.m., Wednesday, September 12 through 5:00 p.m., Wednesday, September 26, 2001. c) Northbound Shoreline Boulevard, (full closure), between westbound Interstate 37 and the north right-of-way of Hughes Street, from 5:00 p.m., Friday, September 21 through 6:00 a.m. Monday, September 24, 2001. d) Southbound Shoreline Boulevard (full closure), between the north right-of-way of Power Street to westbound IH 37, beginning at 5:00 p.m., Friday, September 21 through 6:00 a.m., Monday, September 24, 2001. e) North Water Street (full closure), between Fitzgerald Street and Hughes Street from 8:00 a.m., Friday, September 21 through 6:00 a.m., Monday, September 24, 2001. f) Palo Alto Street, Fitzgerald Street, Resaca Street and Hughes Street (full closures to through traffic) each between Water Street and Shoreline Boulevard, from 8:00 a.m., Friday, September 21 through 6:00 a.m., Monday, September 24, 2001. g) Power Street (full closure) between 5:00 p.m., Friday, September 21 through 6:00 a.m. Monday, September 24, 2001. . . - CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting August 28, 2001 Page 6 13. Motion authorizing the City Manager or his designee to execute a construction contract with Malek, Inc. for a total fee not to exceed $43,900 for the City Hall Cooling Towers Repairs - 2001. (Attachment # 13) 14. Motion authorizing the City Manager or his designee to execute a construction contract with Weathertrol, Inc. for a total fee not to exceed $103,000 for the Water Department Chiller Replacement - Ayers Service Center. (Attachment # 14) 15. Motion authorizing the City Manager or his designee to execute a ten year agreement with Texas State Aquarium to maintain 36 acres of Tract D, Brooklyn Addition, Corpus Christi, Texas and all improvements to the property, including the boardwalks, kiosks, and overlooks; and maintain the Corpus Christi Beach Park Wetlands (North Beach Park Unit 1, Lot 1) and all improvements including the overlooks, boardwalks and kiosks; and use these improvements and property for educational programming, research and ecotourism. (Attachment # 15) 16. Resolution authorizing the City Manager or his designee to execute Amendment No. 1 to the Master Agreement governing Local Transportation Project Advance Funding Agreements with the Texas Department of Transportation. (Attachment # 16) 17. Ordinance abandoning and vacating 4,400-square foot portion of a 10-foot wide, utility easement out of Lot 21, Block 17, Padre Island No.1; requiring the owner, Sonrisa Partners, Inc. to comply with the specified conditions and replat the property within 180 days at owner's expense. (Attachment # 17) 18. Ordinance authorizing the City Manager or his designee to execute a Use Privilege Agreement with Island Foundation, Inc. for the right to install and maintain three underground 1.5 inch diameter high-density polyethylene conduits containing fiber optic and communication cables extending approximately 82.5-feet across the Encantada Drive Street Right-of-Way (ROW), and connecting the Island Foundation facilities on either side of said Right-of-Way; establishing a fee of $497.50. (Attachment # 18) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end o!the agenda summary) ! Agenda Regular Council Meeting August 28, 2001 Page 7 19.a. Motion authorizing the City Manager or his designee to accept a grant in the amount of $44,846 from the U. S. Department of Justice, Office of Juvenile Justice and Delinquency Prevention (OJJDP) for funding available under the investigative Satellite Initiative of the Internet Crimes Against Children (ICAC) Task Force Program, and to execute all related documents. (Attachment # 19) 19.b. Ordinance appropriating $44,846 from the U. S. Department of Justice, Office of Juvenile Justice and Delinquency Prevention in the NO.1 050 Federal/State Grants Fund for law enforcement equipment and training to develop or enhance forensic, investigation or prevention resources to respond to online sexual exploitation of children offenses. (Attachment # 19) 20. Second Reading Ordinance - Amending the Code of Ordinances, Chapter 29, Municipal Courts, by creating Section 29-51, Municipal Court Collection Fee, to create new collection fee for defendants with delinquent Municipal Court Payment Orders in an amount of 30% of each delinquent payment order; and providing for an effective date. (First Reading 8-21-01) (Attachment # 20) 21. Second Reading Ordinance - Amending the Code of Ordinances Chapter 53 - Traffic, Article VIII. Schedules, Sections 53-250 - 53-258, Section 53-250 - Schedule I, One-way Streets and Alleys, Subsection (a-1) School Areas, by establishing a one-way traffic pattern north on Palmira Drive in the direction from Almeria Avenue to Encantada Avenue during the school hours of Seashore Learning Center Charter School; providing for penalties. (First Reading - 8/21/01) (Attachment #21) J. PUBLIC HEARINGS: AD VALOREM TAX RATE: 22. Public Hearing to consider proposed Ad Valorem Tax revenue increase. (Attachment # 22) K. PRESENTATIONS: Public comment will not be solicited on Presentation items. 23. Recognition of continued Accreditation Status by the American Association of Museums (Attachment # 23) 1 ~ T . CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting August 28, 2001 Page 8 24. Quarterly Report #2 for Bond Issue 2000 (Attachment # 24) 25. Fourth Quarter Report on the City's Risk Management Program (Attachment # 25) 26. Reservoir Operating Plan and Standby Groundwater Supply (Attachment # 26) L. REGULAR AGENDA CONSIDERATION OF MOTIONS. RESOLUTIONS. AND ORDINANCES: 27. Motion to approve the proposed South Guth Park Master Plan Project as presented. (Attachment # 27) 28. Motion approving an annexation calendar and authorizing staff to prepare service plans and schedule Planning Commission and City Council public hearings to consider six areas of land/water for inclusion in the 2001 Annexation Program. (Attachment # 28) 29.a. Update on City Council Priority Issues Action Plan to evaluate the need for a Storm Water Drainage Utility. (Attachment # 29) 29.b. Motion authorizing the City Manager or his designee to execute an engineering contract in the amount of $1,048,480 with Goldston Engineering, Inc. for the Storm Water Master Plan Project. (Attachment # 29) 30. Consideration of authorization to proceed with action to acquire the Garwood Pipeline route. (Attachment # 30) 31. Consideration of authorization to proceed with actions to develop Water Desalinization facilities. (Attachment # 31) 32. First Reading Ordinance - Amending the Code of Ordinances, City of Corpus Christi, by revising Article XII, Water Conservation, of Chapter 55, Utilities, to reorganize and expand the Water Conservation Contingency Measures; providing for penalties. (Attachment # 32) --... - CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) If - ~ ,jj 6 Agenda Regular Council Meeting August 28, 2001 Page 9 33. Ordinance amending the Code of Ordinances, City of Corpus Christi, Chapter 2, Administration, to replace the Water Conservation Advisory Committee with the Water Resources Advisory Committee. (Attachment # 33) 34. Resolution authorizing the City Manager or his designee to submit an application to the U. S. Department of Housing and Urban Development (HUD) for the designation of Census Tracts 1,3, 4, 10 and 11 as a "Renewal Community" in order to foster investment and economic development within the Census Tracts. (Attachment # 34) 35.a. Resolution authorizing the City Manager or his designee to submit an application to the U. S. Department of Housing and Urban Development (HUD) for an Economic Development Initiative (EDI) - Special Project in the amount of $498,900 for acquisition of land to expand the Bayfront Arts and Science Park. (Attachment # 35) 35.b. Motion authorizing the City Manager or his designee to execute all documents necessary to accept and implement an Economic Development Initiative (EDI) - Special Project for the acquisition of land to expand the Bayfront Arts and Science Park. (Attachment # 35) 35.c. Ordinance appropriating $498,900 subject to approval by the U. S. Department of Housing and Urban Development, in the No. 1050 Federal/State Grants Fund for the FY 2001 Economic Development Initiative - Special Project for acquisition of land to expand the Bayfront Arts and Science Park. (Attachment # 35) 36. Motion authorizing the City Manager or his designee to execute an Earnest Money Contract in the amount of $250,000 for acquisition of Lots 1 - 12, Block 72, Beach Addition located south of the Corpus Christi Convention Center from TRT Development Company, for a purchase price of $3,319,084 including closing costs, for the development ofthe new Multi-Purpose Arena Facility and Convention Center Expansion and Rehabilitation Project, upon receipt offunding. (Attachment # 36) 37. Resolution pledging active participation in and support for the mission and activities of the South Texas Military Facilities Task Force. (Attachment # 37) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) If Agenda Regular Council Meeting August 28, 2001 Page 10 38.a. Motion to amend prior to second reading to adopt Zoning Ordinance Text Amendments by dividing the ordinance into two ordinances as follows: (Attachment # 38) (1) Ordinance "A" adopting the Zoning text amendments on second reading which are unrelated to "Bed and Breakfast". This ordinance is hereby amended by substituting the words "one-ton" for two-ton" in the definition of commercial vehicle contained in Article 3. Definitions, "Section 3-1.29 Garage, Private." (2) Ordinance "B" adopting the Zoning text amendments which pertain only to "Bed and Breakfast". 38.b. Second Reading Ordinance - Amending the Zoning Ordinance by revising Article 3, Definitions, Article 4A, "F-R" Farm-Rural District Regulations; Article 4B, "RE" Residential Estate District Regulations; Article 4C, "RA" One-family Dwelling District Regulations; Article 5, "R- 1A" One-family Dwelling District Regulations; Article 6B, "R-TH" Townhouse Dwelling District Regulations; Article 7, "R-2" Multiple Dwelling District Regulations; Article 8, "A-1" Apartment House District Regulations; Article 8A, "A-1A" Apartment House District Regulations; Article 9, "A-2" Apartment House District Regulations; Article 10, "AT" Apartment - Tourist District Regulations; Article 11, "AB" Professional Office District Regulations; Article 12A, "B-1A" Neighborhood Business District Regulations; Article 14A, "BD" Corpus Christi Beach Design District Regulations; Article 15, "B-3" Business District Regulations; Article 16, "B-4" General Business District Regulations; Article 22, Parking Regulations; and Article 29, The Board of Adjustment. (First Reading - 8/21/01) (Attachment # 38) 38.c. Motion to table second reading of Ordinance "B" to the City Council meeting of September 11, 2001. (Attachment # 38) 38.d. Second Reading Ordinance - Amending the Zoning Ordinance by revising Article 3 by adding a definition of kennel and Article 20, Section 20-5 and Article 21, Section 21-6 by requiring buildings and structures used to house animals, birds, and poultry at animal shelters, kennels, and commercial establishments that raise animals, poultry, and birds within an "1-2" Light Industrial District and "1-3" Heavy Industrial District to be set back at least 100 feet from any required yard lines if abutting or adjoining a residential district. (First Reading - 8/21/01) (Attachment # 38) 1 11 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting August 28, 2001 Page 11 38.e. Second Reading Ordinance -Amending the Code of Ordinances, City of Corpus Christi, Chapter 6, Animal Control, regarding commercial permits, fees, and spacing requirements, and providing for penalties. (First Reading - 8/21/01) (Attachment # 38) 38.f. Second Reading Ordinance - Amending the Code of Ordinances, City of Corpus Christi, Chapter 19, Food and Food Establishments, regarding required separation between food establishments and kennels and other businesses used to house animals, and providing for penalties. (First Reading - 8/21/01) (Attachment # 38) 39. Motion approving an agreement between the City of Corpus Christi and the Corpus Christi Industrial Development Corporation (CCIDC) for the City to fund $450,000 from the Community Development Block Grant Program to the CCIDC to purchase land described as 94.881 acres more or less out of a 197.17 acre tract being Tract G, as shown on Cliff Maus Tracts C, D, E, F, and G of a subdivision of 248.566 acre tract out of portions of the L. M. Hitchcock 96.24 acre tract, Lots 9, 10, 15 and 16, Section F, Lot 2, Section E, Paisley's Subdivision of the Hoffman Tract, the Vineyard Tract and Lot 18, J. C. Russell Farm Lots, Corpus Christi, Nueces County, Texas from the Commissioner of Texas General Land Office on behalf of the Permanent School Fund and the Texas Department of Mental Health and Mental Retardation and for the CCIDC to hold the land for the benefit of the City of Corpus Christi and a future Texas Parks and Wildlife Grant. (Attachment # 39) (RECESS REGULAR COUNCIL MEETING) M. CORPORATION MEETING: 40. CORPUS CHRISTI INDUSTRIAL DEVELOPMENT CORPORA TlON (Attachment # I: AGENDA CORPUS CHRISTI INDUSTRIAL DEVELOPMENT CORPORA TION Date: Tuesday, August 28, 2001 Time: During the meeting of the City Council beginning at 1 :00 p.m. , . " CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting August 28, 2001 Page 12 Location: City Council Chambers City of Corpus Christi 1201 Leopard Street Corpus Christi, Texas 78401 1. President Henry Garrett calls meeting to order. 2. Secretary Armando Chapa calls roll. Board of Directors Officers Henry Garrett, Pres. Jesse Noyola, Vice Pres. Brent Chesney Javier Colmenero Bil/Kelly Rex A. Kinnison John Longoria Samuel L. Neal, Jr. Mark Scott W. Thomas Utter, Gen. Mgr. Armando Chapa, Secretary Mary Juarez, Asst. Secretary Jorge Cruz-Aedo, Treasurer Mike Harty, Asst. Treasurer 3. Approve Minutes of July 10, 2001. 4. Financial Report. 5. Approval of an agreement between the City of Corpus Christi and the Corpus Christi Industrial Development Corporation (CCIDC) for the City to fund $450,000 from the Community Development Block Grant Program to the CCIDC to purchase land described as 94. BB1 acres more or less out of a 197.17 acre tract being Tract G, as shown on Cliff Maus Tracts C, D, E, F, and G of a subdivision of 248.566 acre tract out of portions of the L. M. Hitchcock 96.24 acre tract, Lots 9, 10, 15 and 16, Section F, Lot 2, Section E, Paisley's Subdivision of the Hoffman Tract, the Vineyard Tract and Lot 18, J. C. Russell Farm Lots, Corpus Christi, Nueces County, Texas from the Commissioner of Texas General Land Office on behalf of the Permanent School Fund and the Texas Department of Mental Health and Mental Retardation and for the CCIDC to hold the land for the benefit of the City of Corpus Christi and a future Texas Parks and Wildlife Grant. 1 ~ CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting August 28, 2001 Page 13 6. Approval of a Contract of Sale between the State of Texas acting by and through the Texas Mental Health and Mental Retardation and the Corpus Christi Industrial Development Corporation to purchase surplus school land as described in Item 5 above. 7. Public Comment. 8. Adjournment. (RECONVENE REGULAR COUNCIL MEETING) N. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 5:30 P.M. OR AT THE END OF THE COUNCIL MEETING. WHICHEVER IS EARLIER. PLEASE LIMIT PRESENTATIONS TO THREE MINUTES. IF YOU PLAN TO ADDRESS THE COUNCIL DURING THIS TIME PERIOD, PLEASE SIGN THE FORM AT 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 ingles es fimitado, habra un interprete ingles-espanol en la reuni6n de la junta para ayudarle. PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERA TE, EMBARRASS, ACCUSE, OR SHOW ANY PERSONAL DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY COUNCIL MEETING. O. 4:00 P.M. 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, Chapter 551 of the Texas Govemment 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. T . T' CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting August 28,2001 Page 14 41. Executive session pursuant to Texas Government Code Section 551.074 to interview candidates for and deliberate the appointment of a Municipal Court Judge with possible action related thereto in open session. 42. Executive session pursuant to Texas Government Code Sections 551.071 and 551.072 regarding City of Corpus Christi v. Nancy Helen Graham, et ai, No. 01-025-C, County Court At Law, San Patricio County, Texas and regarding land acquisition in connection with the Rincon Bayou Project, with possible discussion and action related thereto in open session. P. REPORTS: The following reports include questions by Council to Staff regarding City policies or activities; request by Council for information or reports from Staff; reports of 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. 43. CITY MANAGER'S REPORT . Upcoming Items 44. MAYOR'S UPDATE COUNCIL AND OTHER REPORTS Q. 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 4:15 ~ ,20~1. Armando Chapa 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 1 I CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting August 28, 2001 Page 15 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 (Refer to legend at the end of the agenda summary) 2001-2002 CITY COUNCIL GOALS AND PRIORITY ISSUES I-CONTINUING PRIORITY ISSUES AirPort! Seawall! Convention Center! Arena . Continue quarterly reporting process for these initiatives. '86 Bond Issue Improvements . Update status on Senior Centers. . Provide communication on completion of these projects (e.g. "Report to the Community"). . Continue community involvement on issues such as Leopard Street improvements. Privatization! Re-Ensrineerine: . Clearly define "privatization" and "re-engineering." . Make decisions regarding privatization and re-engineering in the next 12-24 months, with discussions within 90 days. . Establish process to identify what services can and cannot be privatized. . Continue focus on park maintenance. Finance . Maintain the 5-year forecast model. . Review the August 1 budget adoption deadline. Crime Control and Prevention . Continue implementation of the Community Policing initiative. . Establish date for Crime Control and Prevention District election. . Continue City participation in Youth Opportunities United and other youth crime initiatives. Emplovee Health Care . Address concerns related to employee compensation and benefits, including health insurance. . Work to coordinate Police and Fire health benefits with those of other City employees Economic Development Sales Tax . Establish election date. , . , Storm Water Utility . Reconsider implementation plan for a Storm Water Utility. Packerv Channel . Continue quarterly reports on the progress of the TIF and Beach Restoration Project. Landfill . Continue to evaluate the efficiency and effectiveness of operations. . Examine alternatives for solid waste management system, including privatization. Internet . Continue regular updates and expansion of the City's web site, including individual council member web pages. . Establish target date for online permitting process. . Communicate brush pickup via e-mail. CDBG . Continue active role. Frost Bank Buildinl!: . Lease and complete renovation Annexation Plan . Implement current island annexation plan ADA Transition Plan . Develop and approve ADA Transition Plan within 90 days. Redistrictinl!: . Develop Council-approved redistricting plan for the City of Corpus Christi Industrial District Contract . Review Industrial District contracts and determine date for approval Council Action Items . Staff completes action requests in a timely manner. City I County Health Issues . Continue discussions with County to determine structure and process for the most effective and efficient delivery of health services Marketinl!: of CC Museum and Columbus Shivs . Continue to develop marketing plans for the Museum of Science and History and the Columbus Fleet - I NEW pmomTY INITIATIVES AND ISSUES City staff will develop and present to City Council oction/implementation plans for the following priority areas: () Desalination Pilot Project . n *Code Enforcement in Trashy Neighborhoods & *Employee Classification Study ~ Ma ster Drainage Plan a Garwood Water . *New Golf Course ~ (I~ [JJ ~ ~ *Charter Revision with Specific Charge(s) *More Funding for Economic Development *Fire and Police Contracts New Funding Sources / Plan for Inner City Improvements ~ Improve Permitting Process (online / customer service) Iii! Padre Island Development Plan ~ iif Downtown / South Central Development Plan (marina, t-heads, breakwater) Housing Emphasis / Process (older neighborhoods, working class neighborhoods) ~ * * Road Projects I Southside Traffic Plan 1 . Relationships with Other Governments Development Initiative Packages *Park Rehabilitation *Leopard Street Curbs and Gutters Economic Development Summit and Post-Summit Meetings Agnes-Laredo Corridor Market (studies. plans) *Solid waste / Pickup Base Closures **Northwest Library Northside Development Plan Traffic Controls (channeling, studying onlofframps on SPID) *Five Points Ambulance Effiuent Plan for Leopard Medians RTA-Public Improvements Arts and Sciences Park Plan Budget Item ** Capital Improvement Program Item . . 1 -1"--- I MINUTES JOINT MEETING OF THE CORPUS CHRISTI CITY COUNCIL AND CRIME CONTROL AND PREVENTION DISTRICT BOARD OF DIRECTORS August 21,2001 - 12:10 p.m. CITY COUNCIL Mayor Samuel L. Neal Jr. Mayor Pro Tern Rex A. Kinnison Brent Chesney Javier Colmenero Henry Garrett Bill Kelly* Jesse Noyola CRIME CONTROL DISTRICT BOARD Linda Bridges, President Vicky Alexander Larry Baker W.L. Hennis Butch Pool City Staff Present City Manager David R. Garcia City Attorney James R. Bray Jr. City Secretary Armando Chapa Police Chief Pete Alvarez Police Cmdr. Bryan Smith Recording Secretary Rachelle P. Ramon ABSENT John Longoria (City Council) Mark Scott (City Council) John Heldenfels (Crime Control) Danny Mora (Crime Control) Rose Marie Soto (Crime Control) Isaac Valencia (Crime Control) Mayor Neal called the meeting to order in the Basement Training Room of City Hall. City Secretary Chapa checked the roll and verified that a quorum was present to conduct the meeting. Ms. Bridges verified that there was a quorum of the Board of Directors of the Corpus Christi Crime Control and Prevention District. She noted that in addition to herself, the other new officers on the board are Mr. Baker as the Vice President and Mr. Pool as the secretary. Ms. Bridges first discussed the crime control district evaluation, which was conducted by Dr. Phil Rhoades regarding district activities through the fall of 2000, including technology, new equipment, redirection of youth crime, and other issues. She said the evaluation showed that progress has been made in reaching the crime control district's goals and she discussed the importance of the citizen survey. Ms. Bridges added that the board needs to review the district's plan and fine tune it to ensure that it includes measurable objectives. Cmdr. Smith, coordinator ofthe crime control district, referred to a handout entitled "Crime Control and Prevention District Project Review-Year 3." He highlighted the following activities: directed patrol program and citizen advisory councils; campus crime stoppers program; street lighting project; canine unit; juvenile curfew and truancy assessment center; and pawn shop detail. *Council Member Kelly arrived at 12:22 p.m. Cmdr. Smith also discussed the recent effort by the directed patrol officers to clean up junk in the Flour Bluff area. He showed several pictures which helped to illustrate the amount and type Minutes - Joint Meeting August 21, 2001 Page 2 of junk that was picked up with the assistance of several city departments and others, including Code Enforcement and Neighborhood Improvement, Solid Waste Services, Traffic Engineering, Beautify Corpus Christi, and volunteers from Naval Air Station-Corpus Christi. Cmdr. Smith said that after initiating the clean-up project, the organizers realized they had underestimated the amount of junk that was present and the effort that would be entailed. However, he said despite the large volume the clean-up was successful and future events are being planned. He also responded to Council members' questions about the event. Ms. Bridges said the board has also discussed the upcoming reauthorization of the crime control district. They voted on holding that election in November 2002 so as to share election costs with other entities. She said the board is recommending a 10-year renewal period. Mayor Neal asked that the board prepare a written recommendation for staff and that an item be placed on an upcoming agenda regarding the district's reauthorization. Council Member Chesney also asked the board to let the Council know how they can assist in preparing for that event. Ms. Bridges said it is important to educate the citizens about the strides that the district has made since its formation, including utilizing organized presentations to community groups. Council Member Kinnison said Forward Corpus Christi is continuing to remain active and have pledged their support as well. Cmdr. Smith said that with regard to the district's budget, they have developed a plan that takes the district beyond the fifth year and which establishes priorities. Mayor Neal said he would like Dr. Rhoades to work with the board and the Police Department to establish quantifiable results of the district's efIorts. There being no other business, Mayor Neal adjourned the joint meeting at 12:50 p.m. on August 21, 2001. ************* , , MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting August 21, 200 I 1:08 p.m. PRESENT Mayor Samuel L. Neal Jr. Mayor Pro Tern Rex A. Kinnison Council Members: Brent Chesney Javier D. Colmenero Henry Garrett Bill Kelly* Jesse Noyola City Staff: City Manager David R. Garcia Deputy City Manager George Noe City Attorney James R. Bray Jr. City Secretary Armando Chapa Recording Secretary Rachelle P. Ramon ABSENT John Longoria Mark Scott Mayor Neal called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Pastor Jack L. Carter, Church of the King, and the Pledge of Allegiance to the United States flag was led by Council Member Garrett. 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 Neal called for approval of the minutes of the regular Council meeting of July 24, 2001. A motion was made and passed to approve the minutes as presented. *Council Member Kelly arrived at I: 12 p.m. * * * * * * * * * * * * * Mayor Neal referred to the board and committee appointments on the day's agenda, and the following appointments were made: C.C. Bay Area Minority Business ODDortunity Steering Committee Rene Cantu (Reappointed) Steve Cervantes (Reappointed) Adelfino Palacios (Reappointed) Joe Atkinson (Reappointed) Gabriel Rivas (Reappointed) Sylvia Ford Roland Barrera Park and Recreation Advisory Committee Anne Baker (Reappointed) Billy Olivarez (Reappointed) Gerardo Alvarez (Reappointed) Robert Anderson J. Bradley Clarke Linda Lindsey c.c. Downtown Management District Raymond Gignac Leon Loeb Ted Puckett Community Youth Development (78415) Prol!fam Steering Committee Bobbe J. Cummins-Colburn Kimberly Rhodes Andrea Walter . --.T---.---r-----~-T Minutes - Regular Council Meeting August 21, 2001 Page 2 Intergovernmental Commission on Drug and Alcohol Abuse Velma Arellano (Reappointed) Jean Newberry (Reappointed) Rev. Mark Stewart Animal Control Advisory Committee Dr. Alan Garrett Committee for Persons with Disabilities Mary 1. Saenz * * * * * * * * * * * * * Mayor Neal called for consideration of the consent agenda (Items 3-23). City Secretary Chapa stated that Items l5.a.-c. had been withdrawn. Council members requested that Item 8 be discussed. There were no comments from the audience. Mr. Chapa polled the Council for their votes and the following were passed: 3. M2001-302 Motion approving a supply agreement for photographic film and film development in accordance with Bid Invitation No. BI-0139-01 with Back in an Hour Photos, Corpus Christi, Texas, based on only bid for an estimated annual expenditure of$36,995.20. The tcrm of the agreement will bc twelve months with an option to cxtcnd for up to two additional twelve-month periods, subject to the approval ofthc supplier and the City Manager or his designee. The film and film development is used by various departmcnts throughout the City. Funds have been budgcted by the using departments in FY2001-2002. The foregoing motion passed by the following vote: Ncal, Chesney, Colmenero, Garrett, Kelly, Kinnison, and Noyola voting "Aye"; Longoria and Scott absent. 4. M2001-303 Motion approving supply agreements with the following companies for the following amounts for an cstimatcd 660 replacemcnt battcries for two-way radios in accordance with Bid Invitation No. BI-01l9-01, based on best bid for an estimatcd annual expenditure of $41,651.52. The term of the contracts will be for twelvc months with options to extend for up to two additional twelve-month periods, subjcct to the approval ofthc suppliers and the City Manager or his dcsignee. The rcplaccment batteries are used by various City departments. Funds have been budgeted in FY200l-2002. ComLink Wireless Technologics, Inc. Grapevinc. TX Items 1,2 484 Units $31,214.72 OSI Battcrics San Marcos. CA Item 3 176 Units $10,436.80 Total of Awards: $41,651.52 The foregoing motion passed by the following votc: Ncal, Chcsney, Colmcncro, Garrett, Kelly, Kinnison, and Noyola voting "Aye"; Longoria and Scott absent. , . Minutes - Regular Council Meeting August 21, 2001 Page 3 5. M2001-304 Motion approving a supply agreement with Fisher Scientific Company, Houston, Texas, for laboratory supplies consisting of various chemicals and supplies in accordance with Bid Invitation No. BI-0120-01, based on only bid for an estimated annual expenditure of $43,000. 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 designee. Funds have been budgeted in FY2001-2002 by the Water and Health Departments. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, and Noyola voting "Aye"; Longoria and Scott absent. 6. M2001-305 Motion authorizing the City Manager or his designee to execute Change Order No.6 to increase the escrow amount with the Texas Department of Transportation in the amount of $80,507.64 as part of the Kostoryz Road Improvements from Holly Road to Saratoga Boulevard construction contract in accordance with the Advanced Funding Agreement. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, and Noyola voting "Aye"; Longoria and Scott absent. 7. ORDINANCE NO. 024536 . Ordinance authorizing the City Manager or his designee to execute a Use Privilege Agreement with Koch Petroleum Group, L.P. for the right to install and maintain two 6" diameter casings containing fiber optic cable approximately 70-feet across the Up River Road right-of-way in the 8700 Block of Up River Road, approximately 460-feet east of the Clarkwood Road Street right-of-way, connecting Koch facilities on either side of said right- of-way; establishing a fee of $390. An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, and Noyola voting "Aye"; Longoria and Scott absent. 9.a. M2001-306 Motion authorizing the City Manager or his designee to execute Attachment Nos. 2, 3, and 4 to Contract No. 7460005741-2002 in the total amount of $408,521 with the Texas Department of Health in the amount of$162,823 for tuberculosis prevention, $117,975 for public health administrative services and $127,723 for immunization services. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, and Noyola voting "Aye"; Longoria and Scott absent. Minutes - Regular Council Meeting August 21, 2001 Page 4 9.b. ORDINANCE NO. 024539 Ordinance appropriating a grant from the Texas Department of Health in the amount of $408,521 in the No. 1050 Federal/State Grants Fund as follows: $162,823 for tuberculosis prevention and control; $117,975 for public health administrative services; and $127,723 for immunization services. An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, and Noyola voting "Aye"; Longoria and Scott absent. 10.a. M2001-307 Motion authorizing the City Manager or his designee to accept two grants totaling $7,500 from the Texas Book Festival. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, and Noyola voting "Aye"; Longoria and Scott absent. 10.b. ORDINANCE NO. 024540 Ordinance appropriating $7,500 from the Texas Book Festival in the No. 6010 Trust Fund to purchase library materials for the Janet F. Harte, Northwest and Greenwood Libraries; amending the FYOI-02 Budget; adopted by Ordinance No. 024528, to increase appr?,priations by $7,500 in the No. 6010 Trust Fund - Library. An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, and Noyola voting "Aye"; Longoria and Scott absent. 11. M2001-308 Motion authorizing the City Manager or his designee to execute a contract with Tiburon, Inc. in the amount of $98,875 for maintenance and software support services on the Police Department's Records Management, Computer Aided Dispatching, Mobile Data Computers, and Automated Vehicle Location Systems. The term of the contract is one year. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, and Noyola voting "Aye"; Longoria and Scott absent. 12.a. M2001-309 Motion authorizing the City Manager or his designee to accept a grant in the amount of $54,781 from the State of Texas, Criminal Justice Division for funding available under the Victims of Crime Act (VOCA) Fund and to execute all related documents. , - . Minutes - Regular Council Meeting August 21, 2001 Page 5 The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, and Noyola voting "Aye"; Longoria and Scott absent. 12.b. ORDINANCE NO. 024541 Ordinance appropriating $54,781 from the State of Texas, Criminal Justice Division in the No. 1050 Federal/State Grants Fund for funding available under the Victims of Crime Act (VOCA) Fund; transferring $7,695 from the No. 6010 Law Enforcement Trust Fund and appropriating it in the No. 1050 Federal/State Grants Fund as grant matching funds. An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, and Noyola voting "Aye"; Longoria and Scott absent. 13. M2001-31O Motion authorizing the City Manager or his designee to enter into an agreement with artist Deborah Males to provide public art for the Garden Senior Center in the amount of $8,000. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, and Noyola voting "Aye"; Longoria and Scott absent. 14.a. M2001-311 Motion authorizing the City Manager or his designee to accept funding in the amount of $30,322.77 from the West Oso Independent School District E=MC2, 21" Century Grant Program to provide a structured after school and school holiday recreation program, in addition to a one time camping experience for junior high school youth. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, and Noyola voting "Aye"; Longoria and Scott absent. 14.b. ORDINANCE NO. 024542 Ordinance appropriating a $30,322.77 grant from the West Oso Independent School District's E=MC2 21" Century Grant Program in the No. I 050 Federal/State Grants Fund to provide an After School Program, a Vacation Day Program, and a Camping Trip during the school year at West Oso Junior High School. An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, and Noyola voting "Aye"; Longoria and Scott absent. 14.c. RESOLUTION NO. 024543 Resolution authorizing the City Manager or his designee to execute an Interlocal Cooperation Minutes - Regular Council Meeting August 21, 2001 Page 6 Agreement with West Oso Junior High School to provide school year programs to youth ages 12 to 16 years in consideration of the payment of $30,322.77 and use of West Oso Junior High School Facilities. The foregoing resolution passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, and Noyola voting "Aye"; Longoria and Scott absent. 15.a. WITHDRAWN ~lot~vlJ tv "\"<"''-'1-'t th, Child and Adult CdU.. r vvd P1U51auJ. (CACFP), a 5LauL [IUlll Ll1(, T'Ac\~ D"'pa.l. hu\..uL vf I Iu.Llul.u. SGl v ~(.,,~ ;u LlI,", aUlvuul vf $276,382, to plO y ;d"" aft"'l .,\...1.1001 5na(.1\_& tv yvutl.l. \.Iu..vlk,d;1I aftG.! ~Ghovl '-'.lll;du.l.l\.luL lJlV5.lalU;;) [vI F'[2001-2e0Z. 15.b. WITHDRAWN O.ld;uaw",,,-, apl-'J.vf:l1;ati.ll~ a $276,382 51'".1.1 GuuJ. Lln... T,",^u.:) D,,",padlu(,J.ll vfIIuulau S",.1. V;""'-''' ;11 tll,,", "t~v. 1050 r ""dG.l.ab'SldlG Guu.l.L"!' r uudlv P1VV;d."" a.u afh...l ",hool ,~)IAPl-'kuJ.,",uL (".1.10\..1.) fv.l yvulh G.nlolkd;u CV1PU.:) CL..L;o:.l; Iud,",p,,",ud,",uL SGhool n;bh;",l all....l "'..!.lvvl c\Gtiv;t.r pl0yCl.uJ..:) dU1i.1S tll, SdlOvl y"aL 15.c. WITHDRAWN ~.:)vlul;vu auLI.lvl;L.,;U5 tin, C;ly ~faJ..I.a5"".1. Vi 1.1;" d""':);&l'-''''' tv '-'A,-,,,",ulG &.:..1,il""11v""al Cvvp""lal~vu A&""'Hl""ul vv~t1.l CVlpU.'3 Clll~"l~ 11d\.p""ud""ul S"Jlvol Distikl f<h til' a~l '3""llvvl '3ua""l.. - CI~ld <\.old Adult Ca,'- Food Plo~lalh. 16.a. M2001-312 Motion authorizing the City Manager or his designee to execute a contract with the Texas Department of Protective and Regulatory Services for funding in the amount of $500,000 from the Community Youth Development Program for the 78415 Zip Code for projects as recommended by the Community Youth Development Steering Committee for FYO 1-02. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, and Noyola voting "Aye"; Longoria and Scott absent. 16.b. ORDINANCE NO. 024544 Ordinance appropriating a $500,000 grant from the Texas Department of Protective and Regulatory Services in the No. 1060 F ederaVState Grants Fund for the Community Youth Development Program in the 78415 Zip Code area. An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, and Noyola voting "Aye"; Longoria and Scott absent. ""-"'""T . Minutes - Regular Council Meeting August 21, 2001 Page 7 16.c. M2001-313 Motion authorizing the City Manager or his designee to execute a subcontract with the Boys and Girls Club of Corpus Christi in the amount of $20,318 to provide services for youth ages 17 years of age and under in the 78415 Zip Code area. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, and Noyola voting "Aye"; Longoria and Scott absent. 16.d. M2001-314 Motion authorizing the City Manager or his designee to execute a subcontract with Communities in Schools, Inc. in the amount of$351,218 to provide services for youth ages 6 to 17 in the 78415 Zip Code area. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, and Noyola voting "Aye"; Longoria and Scott absent. 16.e. M2001-315 Motion authorizing the City Manager or his designee to execute a subcontract with the Park and Recreation Department in the amount of $20,449 to provide services for youth ages 6 to 17 in the 78415 Zip Code area. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, and Noyola voting "Aye"; Longoria and Scott absent. 16.f. M2001-316 Motion authorizing the City Manager or his designee to execute a subcontract with Youth Odyssey, Inc. in the amount of$33,714 to provide services for youth ages 12 to 17 in the 78415 Zip Code Area. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, and Noyola voting "Aye"; Longoria and Scott absent. 17. FIRST READING ORDINANCE Ordinance amending the Code of Ordinances Chapter 53 - Traffic, Article VIII. Schedules, Sections 53-250 - 53-258, Section 53-250 - Schedule I, One-way Streets and Alleys, Subsection (a-I) School Areas, by establishing a one-way traffic pattern north on Palmira Drive in the direction from Almeria A venue to Encantada A venue during the school hours of Seashore Learning Center Charter School; providing for penalties. Minutes - Regular Council Meeting August 21, 2001 Page 8 The foregoing ordinance passed on first reading by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, and Noyola voting "Aye"; Longoria and Scott absent. 18. ORDINANCE NO 024545 Ordinance amending the Code of Ordinances Chapter 53 - Traffic, Section 53-254, Schedule V, Increase of State Speed Limit in Certain Zones, by decreasing the speed limit on Up River Road from 40 to 35 MPH between Harney Road and a point approximately 1,200-feet west ofRehfie1d Road; providing for penalties. An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, and Noyola voting "Aye"; Longoria and Scott absent. 19. FIRST READING ORDINANCE Ordinance authorizing the City Manager or his designee to execute a ten-year lease with the Corpus Christi Model Railroad Club, Inc., a non-profit organization, for the use of City property at 821 Louisiana Avenue for recreational purposes and in consideration of Corpus Christi Model Railroad Club, Inc., maintaining the premises and improvements and opening the facility to the public. The foregoing ordinance passed on first reading by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, and Noyola voting "Aye"; Longoria and Scott absent. 20. FIRST READING ORDINANCE Ordinance authorizing the City Manager or his designee to execute a five-year lease with Great Western Soccer League, a non-profit organization, for the use of City property, to wit: Terry and Bobby Labonte Park, for its soccer program and in consideration of Great Western Soccer League maintaining the premises and improvements. The foregoing ordinance passed on first reading by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, and Noyola voting "Aye"; Longoria and Scott absent. 21. FIRST READING ORDINANCE Ordinance authorizing the City Manager or his designee to execute Lease No. DTFA07-02- L-00805, on land at Corpus Christi International Airport, terminating September 30, 2002, with option to renew annually through September 30, 2011, with the U.S. Department of Transportation, Federal Aviation Administration (FAA) for the operation of an engine generator and underground fuel tank in consideration of the obligations assumed by the FAA in its establishment, operation and maintenance ofthe facilities upon the leased premises. The foregoing ordinance passed on first reading by the following vote: Neal, Chesney, , , . Minutes - Regular Council Meeting August 21, 200 I Page 9 Colmenero, Garrett, Kelly, Kinnison, and Noyola voting "Aye"; Longoria and Scott absent. 22. ORDINANCE NO. 024546 Ordinance changing the name of Elbow Drive to Pescadores Drive between Almeria Avenue and Park Road 22. The foregoing ordinance passed on second reading by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, and Noyola voting "Aye"; Longoria and Scott absent. 23. ORDINANCE NO. 024547 Ordinance amending Section 53-97 of the City of Corpus Christi Code of Ordinances to update statutory references, to allow permitted vehicles access onto non-roadway areas, and to provide for issuance of access permits. The foregoing ordinance passed on second reading by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, and Noyola voting "Aye"; Longoria and Scott absent. ************* Mayor Neal opened discussion on Item 8, air quality research projects. Council Member Colmenero asked City Manager Garcia to briefly explain this item. Mr. Garcia said the city has received this grant previously and it will be used to continue the air quality monitoring program, which provides a variety of information on pollution levels. City Secretary Chapa polled the Council for their votes as follows: 8.a. RESOLUTION NO. 024537 Resolution authorizing the City Manager or his designee to execute a State Funded Grant Agreement with the Texas Natural Resource Conservation Commission in the amount of $884,600 for air quality planning activities. The foregoing resolution passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, and Noyola voting "Aye"; Longoria and Scott absent. 8.b. ORDINANCE NO. 024538 Ordinance appropriating $884,600 from the Texas Natural Resource Conservation Commission in the No. 1050 Federal/State Grants Fund for air quality planning activities. An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, and Noyola voting "Aye"; Longoria and Scott absent. . --,.'T'-----~,..--.~-.--"."""""_.__, Minutes - Regular Council Meeting August 21, 2001 Page 10 ************* Mayor Neal opened discussion on Item 25, water supply update. City Manager Garcia said even though this region has experienced droughts in the past, this is the first time it has had two independent sources of water--the Lake Corpus Christi/Choke Canyon Reservoir and the Mary Rhodes Pipeline. He said for some time the area has been taking approximately 50% of its drinking water from the pipeline. Mr. Ed Garaiia, Water Superintendent, used a computer presentation to review historical reservoir levels and the projection of future system storage. He said the revised agreed order with the Texas Natural Resource Conservation Commission (TNRCC) includes the following conditions: when the combined reservoir levels drop below 50% of capacity, an enhanced drought awareness campaign is initiated; below 40%, there is no vegetation watering between 10 a.m. and 6 p.m.; and below 30%, the daytime watering restrictions stay in effect and lawn watering can only be done every five days; in addition, freshwater pass-through requirements are suspended. Mr. Garaiia also discussed several enhanced mandatory conservation measures which will be triggered when the reservoir levels drop below 25% and severe mandatory conservation measures below 20%. Mr. Garafia responded to Council Member Noyola's question about testing of plumbing lines. Replying to Council Member Kinnison, Mr. Garcia said it is very hard to estimate the number of gallons of water saved by implementing the conservation measures. The only measurable information the city has is the amount of water consumption per month per household. He said when the reservoir levels drop below 15%, the city will begin to limit the amount of water usage per household. Mr. Garafia also discussed large non-residential customers and irrigation of golf courses. Mr. Garcia pointed out that the situation is much different today than it was in 1996 when the lake levels were at comparable levels because at that time the reservoirs were the region's only source of water. The situation is not as severe because of the use ofthe Mary Rhodes Pipeline. Mr. Garaiia said Water Department employees are going out into the community to educate citizens about conserving water and notifYing them that violations may result in fines up to $500. He added that by tomorrow the city should have a completed contract for an additional 4,500 acre-feet of interruptible water from Lake Texana. He said next week staff will make presentations on the Garwood and desalination action plans. Mayor Neal said next week the Council also needs to review the reservoir management plan, particularly with regard to drawing down Choke Canyon. Responding to Council Member Colmenero, Mr. Garafia said that in 1996 the city briefly implemented Condition III of the drought management plan. He also described regulations regarding agricultural land and fire hydrants. He said staff expects the lake levels to drop below 25% in November if there is no significant rain in the reservoirs. Council Member Garrett asked about the city-owned wells. Mr. Garaiia said it would take about 30 days to rehabilitate the wells in order for them to be operable. Mr. Garrett asked about Sinton's water supply, and Mr. Garaiia said it is the only community in the area which has its own independent water supply (groundwater), meaning it does not utilize Corpus Christi's water supply. .. . - Minutes - Regular Council Meeting August 21,2001 Page II Mr. Kinnison asked about the interruptible water from Lake Texana. Mr. Garaiia said there is a very good chance that Corpus Christi will be able to receive that water this year. He said the Garwood Irrigation Company project is located around Bay City and it will draw 35,000 acre-feet from the Colorado River. Council Member Noyola asked about watering plants. Mr. Garaiia said potted plants, shrubs, trees, etc. can be watered every day of the week except between 10 a.m. and 6 p.m. Mayor Neal requested an update on the wells next week. ************* Mayor Neal referred to Item 24, a presentation by the Texas Department of Transportation (TXDOT) on the Crosstown Expressway (SH 286) extension interchange and other local projects. Mr. Angel Escobar, Director of Engineering Services, introduced Mr. David Casteel, who became the TXDOT District Engineer for the Corpus Christi District on August I, 2001. Mr. Casteel introduced Mr. Eddie Guernsey, one of the primary designers of the interchange project, and Mr. Steve Rosiek, President of Rosiek Construction, the contractor. Mr. Casteel noted that the first phase of the project, which was completed in 1995, consisted of building the frontage roads and installing the drainage system from South Padre Island Drive (SH 358) to Saratoga Boulevard at a cost of $8.6 million. In May 200 I TXDOT let the contract for the construction of the interchange and Rosiek Construction was awarded the bid for approximately $55 million. He said this project will allow for improved traffic flow to the south side and will involve six phases over four years, which he briefly explained. Mr. Casteel said this project has received extensive public input and, as a result, three major changes have been made: the existing exit from SPID eastbound to Ayers Street in front of Tinseltown Theaters will remain open; the existing entrance and exit ramps on the Crosstown southbound lanes between Gollihar and Horne streets will remain in place; and a Greenwood exit ramp will be added off of the connector from Crosstown southbound to SPID westbound. Mr. Casteel and Mr. Escobar then responded to Council questions on the interchange project. Mr. Casteel also discussed the raising of the JFK Causeway (Park Road 22), which is scheduled to be let in November 2001 at a cost of about $45 million. He said that project will raise the roadway to at least 9 feet above sea level and improve the Humble Channel crossing. Other projects Mr. Casteel reviewed were McArdle Road, Spur 3 (Ennis Joslin Road), Airline Road, and Leopard Street. He said the lO-county district has about $200 million under contract at this time. ************* Mayor Neal referred to Item 26, and a motion was made, seconded, and passed to open the public hearing to consider Zoning Ordinance text amendments. Mr. Michael Gunning, Director of Planning and Development, said the proposed amendments are divided into four areas: definitions; amendments to the recently created "B-1 A" Neighborhood Business District; amendments to certain parking regulations regarding the uses identified in the ordinance; and an amendment to Article 29 regulating the Board of Adjustment regarding the bed and breakfast (B&B) facility uses. ..~-~ Minutes - Regular Council Meeting August 21,2001 Page 12 Mr. Gunning further explained the amendments, saying that definitions will be added for animal hospitals, assisted living facilities, bed and breakfasts, private garages, commercial vehicles, kennels, and mini-storage facilities. He said the changes to the "B-1A" District being proposed are to eliminate the restaurant use (and all associated performance standards) and to include B&Bs and assisted living uses. In addition, staff is recommending modifying the screening fence requirements. With regard to the parking regulations, Mr. Gunning said the proposal is to modify the title itself to "off-street parking," address parking requirements for assisted living facilities and B&Bs, and establish regulations for access drives. The proposed text amendments for the Board of Adjustment deal primarily with B&B uses. He said staff is recommending establishing performance standards to address the following: location of trash receptacles, parking allowances and restrictions, outside activities, separation between B&Bs, hoteVmotel tax and the number of rooms. He said there will be two classifications ofB&Bs--"bed and breakfast home" and "bed and breakfast inn." Mr. Gunning said two public hearings were held before the Planning Commission on June 6th and July 18th on the proposed Zoning Ordinance text amendments. Mr. Jay Reining, First Assistant City Attorney, said the kennel ordinance was the result of a settlement about two years ago in the case of Tony Bender v. City of Corpus Christi, in which the City Manager agreed to present proposed amendments to the Zoning Ordinance and the animal control ordinances for the Council to consider. He noted that the settlement does not require the Council to adopt the amendments. He said the amendments provide that kennels can be kept in industrial districts ("1-2" or "1-3") with a 100-foot separation from any adjoining residential districts with the exception of "F-R" Farm Rural District. In addition, the amendments address the number of animals kept, building code issues on the first application, and location of kennels in relation to food services facilities. Responding to Council Member Colmenero, Mr. Gunning referred to the amendment regarding private garages, which calls for a change in the wording from a maximum two-ton vehicle to a maximum one-ton vehicle. To give an example, he said an F350 truck is a three-quarter ton vehicle. Mr. Colmenero asked several questions about the proposed regulations for bed and breakfast uses, to which Mr. Gunning responded. He said the location restrictions are meant to prevent the proliferation ofB&Bs within the same block and neighborhood. He noted that the concept ofB&Bs is to promote the same residential character as the adjoining homes and most people do not know they are present unless they are pointed out. Mr. Gunning said he was aware of only two B&B uses in single-family zoned areas in the city at this time--one on Ocean Drive and another on Atlantic. Council Member Kinnison asked about the kennel amendments. Mr. Reining said they would permit Mr. Bender to operate his kennels. Mr. Kinnison also asked about existing B&B uses. Mr. Gunning said there may be additional B&Bs in single- family areas but it is difficult to determine that since they were not required to obtain a certificate of occupancy when they opened but they will be required to do so under the new ordinance. He said if a B&B owner is using four bedrooms or less, it will be considered a "grandfathered" use. However, if the owner wants to increase the number of bedrooms allowed to five, he would have to go through the public hearing process with the Zoning Board of Adjustment (ZBA) for a B&B home. He explained why staff is recommending going , '1'" Minutes - Regular Council Meeting August 21, 2001 Page 13 through the ZBA as opposed to the Planning Commission. He said staff is trying to balance the needs of the B&B operators with the needs of the neighbors. He added that some B&Bs are already located in other zoning areas. Council Member Kelly asked if there are any zoning regulations which impact on a B&B owner's right to serve liquor. Mr. Gunning replied that there are none, with the exception of alcohol sales, which is regulated by the state of Texas. He noted that this ordinance does not have a retail component for the sale of anything. Responding to a question from Mr. Kelly about the ZBA's determinations, Mr. Gunning said he did not see a problem with the ZBA considering uses such as special occasion events for a B&B where there is consent between the owner and the neighbors and performance standards are established. Mayor Neal asked about the composition of the ZBA, and Mr. Gunning said it is a seven-member board (two are alternates) appointed by the Council who hear appeals from the Zoning Ordinance. Council Member Noyola said he thought B&Bs were traditionally quiet places to stay and he questioned parties being held at them. Mr. Gunning replied that there is probably no reason why someone could not hold a reception at a B&B facility provided it is not something that is rented out or commercialized. He commented on events held at Ocean House, which has hosted large parties (such as a wedding reception) which involved valet parking. Mayor Neal called for public comment. Mr. S.M. Cowling, 138 Southern, asked how neighbors who live outside the 200-foot notification area will become informed about hearings for proposed special use permits. Mr. Gunning said if someone wants to open a bed and breakfast home in a residential neighborhood, he will have to make an application with the ZBA. City staff will send out notices to those within 200 feet advising them of the hearing; in addition, an agenda of the hearing will be posted and there will be a notice in the newspaper. Mr. Cowling asked if the process can be changed so that a petition for a B&B would come before the City Council. Mr. Gunning said that would be an option. Mrs. Dorothy Spann, 502 Del Mar, said these proposals would override the deed restrictions in the Del Mar neighborhood. City Attorney Bray said that deed restrictions are covenants between property owners, who can enforce them against one another but the city cannot enforce them. In addition, the city cannot overrule deed restrictions with an ordinance. Mrs. Spann said the Del Mar Neighborhood Association is trying to achieve a historical designation and she expressed concern about the existence of the bed and breakfast on Atlantic Street. She urged the Council to withdraw the B&B amendments. Ms. Donna Mickley, 141 Atlantic, said she owns a bed and breakfast at that location. She said she has extended invitations to her neighbors to visit her facility, which has four guest rooms. She said her B&B is very quiet and she spent a lot of time preparing to open her business in conformance with the regulations. She said according to the Texas Alcoholic Beverage Commission, she cannot serve alcohol of any kind, even if she gives it to her guests, because they are paying to stay there and in turn would be paying for the alcohol. However, she said the T ABC says guests over 21 can bring in their own alcohol. --r------T' r Minutes - Regular Council Meeting August 21, 200 I Page 14 Mr. Garrett made a motion to close the public hearing, seconded by Mr. Colmenero and passed. Mayor Neal said there is a difference between a traditional bed and breakfast in which a person spends the night, has breakfast the next morning, and then leaves, and a B&B which hosts parties, such as the B&B on Ocean Drive. Mr. Colmenero said many clarifications need to be made. Council Member Chesney said he thinks some consideration should be given to "grandfathering" existing B&B uses while potentially establishing further restrictions to address the neighbors' concerns. He also said he believes the Council--rather than the ZBA--should be making the final decisions on such issues. Responding to Mayor Neal, Mr. Bray explained that the four-boarder rule that currently exists is not being proposed to be changed. He gave examples of situations that would violate the current ordinance: if four couples (as opposed to four individual boarders) stay in a B&B home that has four bedrooms, and if someone in a residential neighborhood is holding parties and receptions for remuneration of any kind. He further explained that the remuneration that the B&B owner is allowed to receive under the ordinance is only for the bed and breakfast function from the individual lodgers. Mr. Kinnison said he felt the bed and breakfast regulations needed to be discussed in more detail but he did not want to hold up the other Zoning Ordinance text amendments. Mayor Neal said the Council can pass the ordinances on first reading and those that do not deal with B&B uses (Items 26.c.-e.) can come back for second reading and staff can continue to work on the B&B proposals. City Secretary Chapa said the items the Council was considering on first reading were those presented in the agenda book and not the substitute ordinance. He then polled the Council for their votes as follows: 26.b. FIRST READING ORDINANCE Ordinance amending the Zoning Ordinance by revising Article 3, Definitions, Article 4A, "F-R" Farm-Rural District Regulations; Article 4B, "RE" Residential Estate District Regulations; Article 4C, "RA" One-family Dwelling District Regulations; Article 5, "R-IA" One-family Dwelling District Regulations; Article 6B, "R- TH" Townhouse Dwelling District Regulations; Article 7, "R-2" Multiple Dwelling District Regulations; Article S, "A-I" Apartment House District Regulations; Article SA, "A-IA" Apartment House District Regulations; Article 9, "A-2" Apartment House District Regulations; Article 10, "AT" Apartment - Tourist District Regulations; Article II, "AB" Professional Office District Regulations; Article l2A, "B-IA" Neighborhood Business District Regulations; Article l4A, "BD" Corpus Christi Beach Design District Regulations; Article 15, "B-3" Business District Regulations; Article 16, "B-4" General Business District Regulations; Article 22, Parking Regulations; and Article 29, The Board of Adjustment. The foregoing ordinance passed on first reading by the following vote: Neal,' Chesney, Colmenero, Garrett, Kelly, Kinnison, and Noyola voting "Aye"; Longoria and Scott absent. , . Minutes - Regular Council Meeting August 21, 2001 Page IS 26.c. FIRST READING ORDINANCE Ordinance amending the Zoning Ordinance by revising Article 3 by adding a definition of kennel and Article 20, Section 20-5 and Article 21, Section 21-6 by requiring buildings and structures used to house animals, birds, and poultry at animal shelters, kennels, and commercial establishments that raise animals, poultry, and birds within an "1-2" Light Industrial District and "1-3" Heavy Industrial District to be set back at least 100 feet from any required yard lines if abutting or adjoining a residential district. The foregoing ordinance passed on first reading by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, and Noyola voting "Aye"; Longoria and Scott absent. 26.d. FIRST READING ORDINANCE Ordinance amending the Code of Ordinances, City of Corpus Christi, Chapter 6, Animal Control, regarding commercial permits, fees, and spacing requirements, and providing for penalties. The foregoing ordinance passed on first reading by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, and Noyola voting "Aye"; Longoria and Scott absent. 26.e. FIRST READING ORDINANCE Ordinance amending the Code of Ordinances, City of Corpus Christi, Chapter 19, Food and Food Establishments, regarding required separation between food establishments and kennels and other businesses used to house animals, and providing for penalties. The foregoing ordinance passed on first reading by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, and Noyola voting "Aye"; Longoria and Scott absent. ************* Mayor Neal referred to Item 27, and a motion was made, seconded, and passed to open the public hearing to determine the feasibility of selling certain park lands. Mr. Tony Cisneros, Director of Park and Recreation, explained that on November 7, 2000 the voters approved a referendum giving the city permission to divest itself of particular pieces of unusable park land. He said eight properties are included in this resolution: Arcadia Village Park, 1.441 acres; Meldo Park, .964 acres; Tuloso Park, 1.217 acres; Martin Luther King Dr., .216 acres; Southbay Park, .23 acres; Highland Avenue Park, .005 acres; Parkview Park, .118 acres; and Ayers Street Park,.7 acres. Council Member Noyola asked ifthere were any potential buyers. Mr. Cisneros replied that there has been quite a bit of interest and the next step is to advertise the parcels that will be for sale. Any proceeds will go back into the Unrestricted Park Trust Account for future use for either park improvements or the acquisition of park land. -'1 T T' Minutes - Regular Council Meeting August 21,2001 Page 16 There were no comments from the audience. Mr. Kelly made a motion to close the public hearing, seconded by Mr. Colmenero and passed. City Secretary Chapa noted that staff had submitted a substitute resolution that changes the caption. Mr. Garrett made a motion to amend Item 27.b. to substitute a revised resolution, seconded by Mr. Colmenero and passed. Mr. Chapa polled the Council for their votes as follows: 27.b. RESOLUTION NO. 024548 Resolution finding, upon public hearing, that certain parcels of real property owned by the city and designated as park lands have no feasible and prudent use as park lands and that all reasonable planning efforts have been made to minimize harm to the city's remaining park lands as a result of the sale or disposal of the specified parcels. The foregoing resolution passed, as amended, by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, and Noyola voting "Aye"; Longoria, Kinnison, and Scott absent. ************* Mayor Neal referred to Item 28, and a motion was made, seconded and passed to open the public hearing on the following zoning case: 28. Case No. 0701-03. Alfonso G. Benavides: A change of zoning from "R-IB" One-family Dwelling District to a "B-1" Neighborhood Business District on Rolling Acres No.1, being the northwesterly 107 feet of Tract 16, located on the south side of Leopard Street, approximately 220 feet east of Roundtree Circle. City Secretary Chapa said the Planning Commission recommended approval of the "B-1 " Neighborhood Business District and staff recommended denial of the "B-1" Neighborhood Business District. He said there is an ordinance before the Council which grants the rezoning request. Mr. Gunning said the applicant wishes to open and operate a cake specialty store within their existing residence, which is located in an area predominantly zoned for single-family development. He said the Planning Commission voted to recommend approval of the "B-1" with one commissioner opposed. Staff is of the opinion that granting the "B-1" zoning or a special permit in this area would basically set up the adjoining properties to be eventually rezoned to commercial uses. Mr. Gunning referred to a site map and photographs showing the property's location on the 9000 block of Leopard Street as well as the adjoining properties. Council Member Chesney asked why the Planning Commission recommended approval. Mr. Gunning replied that they felt the "B-1" District is designed to be compatible with adjoining residential areas and they felt the applicant presented a good case. He said the Northwest Area Development Plan contemplates that the area across Leopard Street to the north would be commercialized while the subject area would remain low-density residential. . , , Minutes - Regular Council Meeting August 21, 2001 Page 17 Considering the configuration of the lots and the location of the drainage ditch, Council Member Kelly questioned whether there would be a serious danger of business use jumping over to the northern-most lot on Princess Drive across from the existing "B-4" District. He also asked about the prospect of residential development on the lot immediately east of the subject property. Mr. Gunning replied that as long as the area retains its residential character, the prospects of continued residential development are good. However, he said his experience is that when an area is opened up to commercial development, other development follows. Mr. Kelly asked what would be some of the more offensive "B-1" uses that could end up on the subject property if the proposed bakery is not successful. Mr. Gunning said there could be restaurants (including drive-through fast-food restaurants) and 24-hour convenience stores. Mayor Neal called for public comment. Mr. Alfonso G. Benavides, the applicant, explained how he came to purchase the property for his family and their plans for the bakery. He said while his application to rezone to "B-1" was approved by the Planning Commission, the Planning Department staff has recommended denial, citing several concerns. He said he spoke with his neighbors within 200 feet and they were not opposed to the bakery use. He said the opposing property owner is located across Leopard Street. Mr. Benavides also said that his property fronts on Leopard Street and has no direct access to a residential street. He also referred to photographs of his property and the adjacent homes. He presented the Council with a list of322 people he and his wife spoke to in the area who support their plans for their business. He also discussed traffic counts and continuing commercial development on Leopard Street. Mayor Neal asked Mr. Benavides when he purchased the property, and he said it was on May 25, 2001. He discussed deed restrictions that are on the property. Responding to Mr. Kelly, Mr. Benavides said the owner of the lot immediately to the west was the seller and he is not opposed to the bakery. Mr. Kelly referred to Mr. Benavides' list of signatures and specifically asked about some of the property owners. Mr. Garrett made a motion to close the public hearing, seconded by Mr. Kinnison and passed. Mr. Kelly said he has driven around the subject property and he said it appears that there is a significant amount of commercial development around it. He said it seems unrealistic to expect that there will be any future residential development on Leopard Street. He said the existence of a large drainage ditch behind the subject property should protect the residences on Princess Drive from any commercial encroachment and he cited the support expressed by most of the neighbors. Mr. Kelly asked about the possibility of a special permit for the bakery rather than rezoning to "B-1." Mr. Gunning said if the base zoning remains "R-IB," the owner would not be allowed to have additional signage; however, they could request "AB" which would allow a 20-square foot wall sign that could be converted to a free-standing sign through a conditional sign permit. He said even Minutes - Regular Council Meeting August 21, 200 I Page 18 with "AB" zoning, a special permit would be necessary for the operation of the bakery since it is not allowed as a matter of right. Uses that are allowed in "AB" include hair salons, professional offices and multi-family uses but not convenience stores or restaurants. Mr. Gunning said if the Council wishes, he can have the Planning staff meet with Mr. Benavides to develop a special permit that the Council can consider in about two weeks. Responding to other questions from Mayor Neal, Mr. Benavides said his property is owner- financed for 10 years and during that time he cannot sell or lease it. The Mayor questioned what would happen if the Council rezoned the property to business and the bakery was not successful. He said Mr. Benavides would be stuck with a commercial property that he could not sell for 10 years. Mr. Gunning said a special permit would expire in one year but an outright rezoning runs with the land in perpetuity. Mr. Chesney said that initially he was uncomfortable with granting the rezoning request but upon hearing the case he has changed his mind and will defer to Mr. Kelly since it is in his district and he has taken the time to consider all the ramifications. Mr. Colmenero said he does not believe that Leopard Street will ever go back to being a residential area. Mr. Kelly said he is more inclined to rezone to "AB" with a special permit for the bakery use than straight "B-1" zoning. Mr. Noyola said he concurs with a special permit. Mr. Kelly made a motion to table this zoning case for two weeks, seconded by Mr. Colmenero and passed. Mr. Garcia pointed out that the Council's next meeting is not until September 11,2001. Mr. Garrett asked Mr. Benavides ifhe understood the Council's direction to staff regarding his property. Mr. Benavides said he was concerned about the limitations of the "AB" zoning as opposed to the "B-1" zoning because he is not sure exactly what it entails. Mr. Kelly made a motion to amend his original motion to table this zoning case to September 11,2001 to give staff and the applicant the opportunity to develop "AB" zoning with a special permit for a bakery, seconded by Mr. Kinnison and passed (Longoria and Scott absent). TABLED OJ.d~Ua.H,,",G a.lli(..uJ~uo lb." ZO.u~1I5 Ol\1~uau"""",, upvJ.l appl~\,.Ial~vH by Alfou;;)v G. D,",uav~d"",,,, by (..haU5~J..l5 tl.lG ZVl.l~U5 ~fap ~H .l"".&..J.'-'u",,,, Lv Un... uVltlnn...,krly 107 .&..",t vfTJ.a....l16, Rvll~uo AGlGb 1~o. 1, flota "R-ID" Olll..,-fcuuay Dvvdl~ll~ Di.;t!kt to "D-I" 1~GiglJ.,vlllvvJ Du.,~u",.,., D~.,tI~'t, anh,,,ud;uo tll\.- CV1UP1\,.11GU.,;V,,", PI,"l to clGGOuuL [Vi aUJ d",vlatioHs nOtH thG 'A;"tilI5 Cvulp.l",l.l"'u';)~v,", PIau. ************* Mayor Neal referred to Item 29, and a motion was made, seconded and passed to open the public hearing on the following zoning case: 29. Case No. 0701-02. Kinfl:s Crossin~ Realty. Ltd.: A change of zoning from an "R-lB" One- I r r Minutes - Regular Council Meeting August 21, 2001 Page 19 family Dwelling District, "B-1" Neighborhood Business District, and "B-4" General Business District to an "R-IC" One-family Dwelling District on Flour Bluff and Encinal Farm and Garden Tracts, Section 10, being 15.54 acres out of Lots 17 and 18, located along the south side of Yorktown Boulevard and east side of South Staples Street. City Secretary Chapa said the Planning Commission and staff recommended approval of the "R-IC" One-family Dwelling District. There was no opposition to the zoning change. Mr. Kinnison made a motion to close the public hearing, seconded by Mr. Colmenero, and passed. Mr. Chapa poIled the Council for their votes as foIlows: 29. ORDINANCE NO. 024549 Ordinance amending the Zoning Ordinance, upon application by King's Crossing Realty, Ltd., by changing the Zoning Map in reference to 15.54 acres out of Lots 17 and 18, Section 10, Flour Bluff and Encinal Farm and Garden Tracts, from "R-IB" One-family Dwelling District, "B-1" Neighborhood Business District, and "B-4" General Business District to "R- IC" One-family DweIling District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. An emergency was declared and the foregoing ordinance passed as foIlows: Neal, Chesney, Colmenero, Garrett, KeIly, Kinnison, and Noyola voting "Aye"; Longoria and Scott absent. ************* Mayor Neal caIled for a brief recess. Upon reconvening, he caIled for public comment. Mr. Jack Gordy, 310 Norton St., discussed the Public Information Act, which went into effect on September I, 1996. He said for the last five years the Police Department has been violating the law. He said they have subsequently received the necessary information and they still do not have it posted. He said the County Attorney sent a letter to the City Manager telling him the law needs to be enforced. Mr. Joe Cole, 4613 Kirkwood, said he is a small general contractor. He said the state does not require him to have workers compensation insurance but the new regulations for the city's landfiIl do require it, which will cost him about $28,000 to $30,000 a year. He said other smaIl companies will not be able to afford such insurance. Referring to Mr. Cole's comments, Mr. Ron Massey, Assistant City Manager for Public Works and Utilities, said that if the state does not require a contractor to carry workers compensation, then the city will not either as long as that information is verified through the permit process. Council Member Noyola said the new ordinance is affecting many smaIl businesses. Mayor Neal explained that there is no mandatory workers compensation statute in Texas. He said if an employer elects not to be a subscriber, he is supposed to file a non-subscriber statement '--^.... ---r---"~T Minutes - Regular Council Meeting August 21, 2001 Page 20 with the state. Mr. Massey said the city's intention is just to enforce what the state law requires and if an employer opts out, the city will not withhold the permit. The Mayor said the Council needs to have additional discussion about the pollution liability requirements in the solid waste ordinance. With regard to Mr. Gordy's comments, Mr. Garcia said staff provided the Council with a memo detailing their discussions with representatives of the General Services Commission (GSC) in Austin over the last week. He said the GSC gave the city a written ruling that it should charge 10 cents per page to a victim or victim's agent who requests a copy of an offense or incident report, and $2 to any other person requesting such reports. He said the city was undercharging for copies of accident reports and those copies will be $6 each effective September I, 200 I. He said these changes will result in a net revenue loss of about $10,000 which will be absorbed in the budget. Deputy City Manager Noe pointed out that incident reports about crimes against persons (muggings, rapes, etc.) are given to the victims at no charge, but incident reports about other crimes (burglaries of homes or cars) are provided to the victims for 10 cents per page or $2 for non-victims. Responding to Mr. Chesney, Mr. Noe said most cities treated accident reports and incident reports similarly and charged basically the same fee for both. He said a citizen filed a complaint with the GSC and staff discussed it with them and subsequently received a ruling about it yesterday. Mr. Garrett asked if the city is now in compliance with the GSC's regulations, and Mr. Noe said it is. Mr. Garrett added that there is a lot of labor involved in providing reports because of confidentiality issues. ************* Mayor Neal opened discussion on Item 30, tethering of animals. There were no comments from the audience. Responding to Council Member Garrett, Dr. Nina Sisley, Director of Public Health, said if a person has a fenced yard, he is not required to tether his animal. She said this proposed ordinance is different from staff s original proposal in that any method of tethering can be used so long as the dog does not become entangled and is able to reach food and water. She said the ordinance will give Animal Control permission to pick up a dog that becomes entangled. In response to Council Member Kelly, Mr. Jeff Beynon, Director of Animal Control, said the animal will have to be tangled up on an apparatus for them to impound the animal. Council Member Chesney said that based on Mr. Beynon's remarks, the point of the ordinance is not whether there is a possibility of an animal becoming entangled but rather to address the situation when an animal does in fact become entangled. City Secretary Chapa polled the Council for their votes as follows: 30.a. M2001-317 Motion to amend prior to second reading the ordinance regarding tethering of animals by substituting a revised ordinance. '" Minutes - Regular Council Meeting August 21, 2001 Page 21 The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, and Noyola voting "Aye"; Longoria and Scott absent. 30.b. ORDINANCE NO. 024550 Ordinance amending the City Code of Ordinances, City of Corpus Christi, Chapter 6, Animal Control, Sections 6-2 and 6-20, regarding the restraint of an animal by means of a tether; providing for penalties in accordance with Section 6-1 of the City Code of Ordinances; providing for an effective date of September I, 200 I. The foregoing ordinance passed on second reading, as amended, as follows: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, and Noyola voting "Aye"; Longoria and Scott absent. ************* Mayor Neal said one more citizen wished to address the Council under public comment. Mr. Richard Francis Flynn said he was representing Pro-Life America and he wished to transfer the abortion issue out of the realm of morality and religion and into the realm of law. Mayor Neal opened discussion on Item 31, Municipal Court collection fee. There were no comments from the audience. Responding to Council Member Kinnison, Ms. Barbara Sudhoff, Director of Municipal Court, said a defendant who is referred to the collection service has already had all his options before the court. She said if he is deemed indigent, he can comply with community service. City Secretary Chapa polled the Council for their votes as follows: 31.a. FIRST READING ORDINANCE Ordinance amending the Code of Ordinances, Chapter 29, Municipal Courts, by creating Section 29-51, Municipal Court collection fee, to create new collection fee for defendants with delinquent Municipal Court Payment Orders in an amount of 30% of each delinquent payment order; and providing for an effective date. The foregoing ordinance passed on first reading by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, and Noyola voting "Aye"; Longoria and Scott absent. 31.b. M2001-318 Motion authorizing the City Manager or his designee to execute a revision to Section 4.0 Compensation and Section 6.1, Scope of Services of the existing agreement with Linebarger, Heard, Goggan, Blair, Graham, Pena, and Sampson, LLP to collect outstanding fines on behalf of the City. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Minutes - Regular Council Meeting August 21, 2001 Page 22 Kelly, Kinnison, and Noyola voting "Aye"; Longoria and Scott absent. ************* Mayor Neal opened discussion on Item 32 regarding the arena project. City Secretary Chapa said Council Member Kelly had filed a disclosure affidavit and would be abstaining from discussing or voting on this matter. Mr. Jorge Cruz-Aedo, Director of Financial Services, said earlier that day the Corpus Christi Business and Job Development Corporation approved the execution of sales tax remittance and project agreements for the arena project. He said it entails a $5 million note over a two-year period with the interest rate on the UBOR (London Interbank Offering Rate) plus 300 points. Mr. Jeff Leuschel, of McCall Parkhurst & Horton, said the notes will be sold to the Chase Manhattan Bank. He said according to the statute creating the corporation, the City Council must approve the corporation's actions before the notes can be issued. He said the purpose of this transaction is to allow the land to be acquired for the arena project. He said the sales tax remittance agreement states that the city agrees to contribute the one-eighth cent sales tax to the corporation for the arena project consistent with the proposition approved by the voters last November. In the project agreement, the corporation agrees to acquire the land and transfer title to the city. Ms. Tina Peterman with 1.P. Morgan then explained the terms and structure of the transaction. Mayor Neal referred to page 313 in the agenda book regarding the form of the note and he pointed out that the city cannot co-mingle this transaction with any other funds nor is it being backed by ad valorem taxes. Mr. Leuschel said the sales tax remittance agreement specifically escrows the one-eighth of one percent sales tax and therefore it cannot be co-mingled. Responding to Council Member Chesney, Mr. Cruz-Aedo said this is for the land purchase and costs associated with that purchase. He said this complies with the ballot measure approved by the voters. Mayor Neal said the Arena Project Sales and Use Tax Fund is being created. Council Member Kinnison asked bond counsel to explain why this is a taxable note. Mr. Leuschel said the reason is that since contracts have not been negotiated with potential users of the arena, it is impossible at this point to give clear legal advice on whether these obligations could qualify as tax-exempt obligations. He said when the permanent financing takes place, they anticipate that a substantial portion of that transaction will be tax-exempt. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 32. RESOLUTION NO. 024551 Resolution approving the Resolution authorizing the issuance of notes by the Corpus Christi Business and Job Development Corporation and the execution of a sales tax remittance agreement and a project agreement with respect to the arena project. . , . Minutes - Regular Council Meeting August 21,2001 Page 23 The foregoing resolution passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kinnison, and Noyola voting "Aye"; Kelly abstaining; Longoria and Scott absent. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 33, Rodd Field Village Improvement District project. There were no comments from the audience. City Secretary Chapa polled the Council for their votes: 33. M2001-319 Motion authorizing the City Manager or his designee to execute an engineering services contract with Urban Engineering in the amount of $89,700 for the Rodd Field Village Improvement District project. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, and Noyola voting "Aye"; Longoria and Scott absent. ************* Mayor Neal opened discussion on Item 34, Rincon Bayou project. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 34. M2001-320 Motion authorizing the City Manager or his designee to execute Amendment No.5 to an engineering services contract with HDR Engineering, Inc. in the amount of$435,000 for the Rincon Channel Pipeline project. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, and Noyola voting "Aye"; Longoria and Scott absent. ************* Mayor Neal opened discussion on Item 35. He said he is the Chairman of the South Texas Military Facilities Task Force, which is informing officials in Corpus Christi, Nueces and San Patricio counties, the Port of Corpus Christi, and the Kingsville Economic Development Corporation about the possibility of another round of base closures in 2003. He referred to a proposed budget approved by the task force members which calls for spending about $400,000 over a 24-month period to address the base closure issue. He said the Council has been invited to travel to Washington, D.C., on October 1-3 with task force members, where they intend to meet with several key Navy, Army and administration representatives. He said the task force's proposed budget is divided among the entities based on population, which he explained. He noted that there were previous base closure rounds in 1993 and --'T--- -'-'"""T""--~-'T Minutes - Regular Council Meeting August 21,2001 Page 24 1995. The Mayor said the Corpus Christi Economic Development Corporation, Chamber of Commerce, Hispanic Chamber of Commerce, and Black Chamber of Commerce have all agreed to support the task force's efforts, such as through staff assistance and coordination. Council Member Kinnison said the Council was also supportive of the task force. Mayor Neal said he thought it would be helpful for the Council to send a resolution of support to Rep. Solomon Ortiz, Sen. Kay Bailey Hutchison, and Sen. Phil Gramm as well as a motion regarding funding opportunities. Council Member Chesney made a motion directing staff to prepare and bring back to the City Council for their consideration a resolution expressing support for the region's military facilities and funding for the South Texas Military Facilities Task Force in the amount of$50,000 per year for the next two years. The motion was seconded by Mr. Kinnison. There were no comments from the audience. City Secretary Chapa polled the Council and the motion passed unanimously (Neal abstaining; Longoria and Scott absent). ************* Mayor Neal announced the following executive sessions, pursuant to Texas Government Code Section 551.071, regarding the following: 36. City of Edinburg et al v. Central Power and Light Company, nnd District Court, Hidalgo County, Texas, with possible discussion and action related thereto in open session; 37. City of Mercedes et al v. Reata Industrial Gas, L.P. et ai, No. C-2262-97-G, and City of Weslaco et al v. Reata Industrial Gas, L.P. et al No. C-2776-97-G, 370th District Court, Hidalgo County, Texas, with possible discussion and action related thereto in open session; 38. City of San Benito v. PG&E Gas Transmission, Texas, and remaining claim of City of Corpus Christi related thereto, with possible discussion and action related thereto in open sessIOn; 39. Five Citizens of Corpus Christi v. City of Corpus Christi et ai, No. 00-275-0, 3 19th District Court, Nueces County, Texas with possible discussion and action related thereto in open session; and 40. City of Corpus Christi v. John Cornyn, Attorney General of Texas, No. GV 102410,261" District Court, Travis County, Texas, with possible discussion and action related thereto in open session. The Council went into executive session. The Council returned from executive session. ************* Mayor Neal called for the City Manager's report. Mr. Garcia said next week the Council will have a joint meeting with the Arts and Cultural Commission and during the regular Council meeting there will be a public hearing on the ad valorem tax rate and several presentations, including one about the annexation program. He said there will also be an executive session to discuss the Port Commission. , . ....... Minutes - Regular Council Meeting August 21, 2001 Page 25 Mayor Neal thanked the city employees for their kindness during his wife's surgery and recovery. He then called for Council concerns and reports. Mr. Colmenero thanked staff for working with the Corpus Christi Model Railroad Club, and he asked about the status of the Sesquicentennial Committee. City Secretary Chapa said his office was waiting for two more Council appointments from Mr. Longoria and Mr. Scott. Once they are named, the committee can begin meeting. Mr. Colmenero said that a successful Stop Trashing Corpus Christi event was held last Saturday which involved many young people in District 2 and other areas of the city. Mr. Garrett expressed his condolences to the family and friends of Police Sgt. R.V. Cisneros, who was very active in the Police Officers Association. Mr. Kinnison said that he attended the bond rating trip to New York recently and during the meetings it became apparent that the agency representatives are very aware of issues in Corpus Christi. He said the city's financial position has greatly improved over the last few years. Mr. Chesney thanked Mr. Cisneros and the Park and Recreation staff for their ongoing assistance with the "friends of the Park" plan which will come back to the Council. Mr. Garrett said he went to the landfill twice last weekend and commented positively about the employees' assistance. Mr. Noyola thanked Council Members Kelly, Garrett and Chesney for their participation in the town hall meeting at the Northwest Senior Center on August 13,2001, which was attended by 143 people. Mr. Noyola also reported a low-hanging line at Columbia and SPID. Mr. Chesney said Mr. Garrett has taken the lead in organizing the town hall meetings and more will be held in each district throughout the city. Mr. Kelly thanked staff for installing the warning signs at the spillway dam. He also commented on the town hall meeting last week and asked if the matter involving the Regional Transportation Authority had been resolved. Mr. Garcia replied that he will find out and let him know. Mr. Kelly thanked stafffor their assistance during that meeting and he said there was much concern about the placement ofthe third golf course. He said northwest residents generally feel that area is under-served. There being no further business to come before the Council, Mayor Neal adjourned the Council meeting at 8:00 p.m. on August 21, 2001. * * * * * * * * * * * * * '."_"-0- 2 , '" '-T a. PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY. TX COMPOSITION Seven (7) members appointed jointly by the City Council and the Commissioners Court for staggered terms. MEMBERS TERM ORIGINAL APPTD. DATE Yolanda G. Olivarez (County), Chairperson Robert G. Gonzalez, Sr. (County), Vice-Chair Kenneth Berry (City), Secretary Ruben Bonilla (City) Bernard Paulson (City) Anthony E. Pletcher (County) William Dodge (County) 1-02-03 1-02-03 1-02-02 1-02-04 1-02-03 1-02-04 1-02-02 12-18-96 1-11-00 6-16-98 8-12-97 10-08-96 1-01-01 INDIVIDUALS EXPRESSING INTEREST Regis Barber PresidenVCEO, South Texas Lighthouse for the Blind. Received B.A. from OLS College and M.A. for St. Mary's University. Regional representative for the General Council of Industries for the Blind and member of the West Corpus Christi Rotary Club. (3-23-00) Mody K. Boatright Engineer. Holds a B.S. in Mechanical Engineering. Named Engineer of the Year in 1988. (12-27-99) Mike Carrell President, Frost National Bank. M.B.A., Corpus Christi State University; Master of Engineering - Civil Engineering, Texas A & M University; B.S. in Civil Engineering, Texas A & M University. Com- munity activities include: United Way board member, Gulf Coast District Fund Raising Coordinator, Boy Scouts of America, and Honorary Chairman of PDAP. Recipient of the N.C.C.J. Humanitarian Award. (1-29-01) J. Bradley Clarke Self-employed, Real Estate Sales. (8-06-01) 08-28-01. WPD, page I ,. --.----r-. ! Juan M. De La Garza Owner, Auto America Service Center, Inc. Associate's degree from Del Mar College. Community activities include: Rotary Club member and Car Club (AutoAmerican Race Team) that mentors teenagers. (5-25-01) David P. Engel Principal, Engel and Associates, LLC. B.B.A. from Southern Methodist University. Graduate of the Harvard University Owner President Management Program. Has more than 28 years of experience in all areas of business management, including acquisitions, divestitures and financial performance improvement. Leadership Corpus Christi alumni. (5-21-01) Randy Farrar President, TexCoast Enterprises, Inc. B.B.A. in Accounting from Texas A & M University. Member of the Governmental Relations Committee of the Texas Association of Builders. Received the 97-98 Caller Times Best of the Best Readers Choice Award. (2-16-00) Herbie Garcia, Jr. President, Netreadygo.com, Inc. M.B.A. and B.B.A. in MIS from Texas A&M-Corpus Christi. Member of Hispanic Chamber of Commerce, LULAC and Who's Who in Information Systems Processing. Employed as a Senior Planner with the City of Houston and Manager in Texas Governor's Office during Richards administration. (2-13-00) Ernest R. Garza President, Ernest R. Garza and Company, P.c. Certified Public Accountants. B.B.A. in Accounting, Corpus Christi State University. Community activities include: Director of Nueces River Authority Board (state appointment by former Gov. Bush), Vice- Chairman of Hispanic Contractor's Association, and Northwest Business Association member. Recipient of the 1989 Financial Advocate of the Year Award from the C.C. Hispanic Chamber of Commerce. (05-01-01) Paul Grivich Extensive background in finance, accounting and management. B.S. in Political Science, Sam Houston State University. Activities include: former member of the Board of Adjustment and current member of the Nueces County Tax Appraisal District. (6-05-01) 08-28-01. WPD. page 2 --'-r----~--~.....,.._-. II I Steven Hall, Ph.D. Professor of Accounting, Texas A&M University - Corpus Christi. B.B.A., M.B.A. and Ph.D. in Accounting. Active with the Westside Business Association and the Texas Jazz Festival Society. (10-11-00) Randy Lara Marketing Specialist, Driscoll Children's Hospital. Attended Southwest Texas State University. Active with the Young Professionals Club, C.C. Chamber of Commerce ambassador, and Koch Coastal Bend Community Advisory Council. (9-13-00) Leon S. Loeb Owner, LandLord Resources, L.L.C. M.B.A. from Harvard Business School and Master's in Public Policy from the J.F.K. School of Government at Harvard. Professional and community activities include: Advisory Board, C.C. Bank & Trust; Co-chair of Development, South Texas Institute for the Arts, Advisory Board for the College of Business, Texas A&M-CC. (6-19-01) Joe E. Martinez, Jr. School Services Consultant, CCISD. M.S. in Education Administration and B.S. in Secondary Education from Texas A&I - Kingsville. Activities include past treasurer of the Christi Center, member of Phi Delta Kappa and member of the Texas Association of Secondary School Principals. Named the Outstanding Principal for TASSP in 1995. (10-04-00) Marc A. McAllister President, McAllister Marine Surveying Co. A.A.S. in Marine Technology. Member of the National Association of Marine Surveyors, National Fire Protection Association and Boat and Yacht Council. (6-06-01) Donald Ocker Owner of Bar D River Ranch, B.S. in Agriculture from Texas A&M University at College Station. Director of Corpus Christi A&M Club. (5-15-01) Eloy H. Salazar Self-employed, Real Estate Investor. Received an Associates in Business Administration. Member of the Hispanic Chamber of Commerce, the Nueces County Tax Appraisal District and the Planning Commission. (4-25-01) 08-28-01. WPD, page 3 --T .-.--..,..---..-...----....,... Charles W. Schibi Managing Partner, APEX Engineers and Consultants, Inc. B.S. in Civil Engineering, Texas A&M University - Kingsville. Member of American Society of Civil Engineers, American Society of Mechanical Engineers. Vice Chair of the Board of Trustees for Texas Lighthouse for the Blind. (3-03-00) Ronald B. Wheaton President, BMW Engineering, Inc. Area of expertise: Mechanical Engineer. B.S. Michigan State University. Licensed by Texas State Board of Professional Engineers. (4-19-00) 08-28-01. WPD, page 4 - .T.----.-.-----.....,...---m..-.-~,... 3 . ---,pt"""_..~-"~~. . Requested Council Action: 08/21/01 Alternate Date: 08/28/01 COUNCIL MEMORANDUM RECOMMENDATION: Motion approving a supply agreement with the following companies for the following amounts for large lamps in accordance with Joint Governmental Purchasing Group Bid Invitation No. JGPG 01-1, for an estimated annual expenditure of $50,460.56, based on low bid. The term of the agreements shall be for twelve months with an option to extend for up to two additional twelve-month periods, subject to the approval of the suppliers, the Joint Governmental Purchasing Group, and the City Manager or his designee. Estimated large lamps use by City is: Incandescent 13,354; Fluorescent 10,702; High Intensity 895; Quartz 695; Stage, Studio & Projector lamps 306, and Ballast 399. Funds have been budgeted by the using departments for FY 01-02. Mid-Coast Electric Comus Christi. Texas Group I, 2, 3 & 6 $43,104.74 American Light Comus Christi. Texas Group 4 $3,420.42 Warren Electric Comus Christi. Texas Group 5 $3,935.40 Grand Total: $50,460.56 .................................................................................... Purpose: These large lamps which include incandescent, fluorescent, high intensity, quartz, stage, studio & projector lamps and ballast's will be stocked in the Warehouse and distributed to the using departments. This award is the result of a cooperative purchasing effort of the Joint Governmental Purchasing Group. The group is comprised of the City of Corpus Christi, Del Mar College, Nueces County and Regional Transportation Authority. Previous Contract: The option to extend the previous contract has been exercised, requiring the Joint Governmental Purchasing Group to issue new bid invitations. Bid Invitations Issued: Seventeen Bids Received: Seven Pricing Analysis: Pricing has decreased by approximately 6% since the last bid of 1998. Award Basis: Low Bid The recommendation was made by the Joint Governmental Purchasing Group. 520210-5010-40000 $50,460.56 Michae arrera, . .M. Procurement & General Services Manager CITY OF CORPUS CHRISTI PURCHASING DIVISION BID TABULATION LARGE LAMPS BID INVITATION NO.: BI -0137-01 JOINT GOVERNMENTAL PURCHASING GROUP BUYER: GABRIEL MALDONADO GROUP DESCRIPTION CITY MID -COAST ELECTRIC CORPUS CHRISTI, TX. AMERICAN LIGHT CORPUS CHRISTI, TX. WARREN ELECTRIC CORPUS CHRISTI, TX. GRAYBAR CORPUS CHRISTI, TX. GRAINGER CORPUS CHRISTI, TX. FLATO CORPUS CHRISTI, TX. 1 INCANDESCENT 13,354 $966005 $12,892.26 $11,188.21 $14,330.31 $11,852.57 (Incomplete) $8,095.84 (Incomplete) 2 FLUORESCENT 10,702 21.327.60 23,307.73 19,998.67 (Incomplete) 23,344.12 24,807.57 (Incomplete) 15,866.18 (Incomplete) 3 HIGH INTENSITY 895 8,711 36 10,857.74 9,746.69 11,019.53 11,763.13 9,187.87 (Incomplete) 4 QUARTZ 695 2,286.15 (Incomplete) .7.424.42 4,500.30 3,852.95 3,754.78 (Incomplete) 2,382.57 (Incomplete) 5 STAGE, STUDIO & 306 7,020.54 4,187.70 393540 4,467.84 4,868.46 9,216.66 PROJECTOR LAMPS A BALLAST 399 3.405.73 3,708.01 4,642.46 4,523.53 4,373.34 3,831.42 AWARD TOTAL $43,104.74 $3,420.42 $3,935.40 GRAND TOTAL AWARD $50,460.56 Note: The bid received from Premium Quality Lighting, Simi Valley, California has been deemed as non responsive for failure to maintain a local stock of the most commonly used lamps. 4 '"--'-""T" . - AGENDA MEMORANDUM RECOMMEDATION: Motion approving the purchase of twenty-two computers from Microtek Sales, Inc., Corpus Christi, Texas to be used by the Central Library in accordance with the State of Texas Cooperative Purchasing Program for a total of $39,490. Funds are available through the Telecommunication Infrastructure Fund (TIF) Grant. ************************************************************************ BACKGROUND: Purpose: The computers will be used throughout the City's library system for Internet access for the public. Award Basis: State of Texas Cooperative Purchasing Program - Qualified Information Systems Vendor (QISV). Funding: TIF Grant 520100-1050-807101 $39,490 T ,.. 5 -.--"?" , T AGENDA MEMORANDUM RECOMMENDATION: Motion approving a supply agreement with the following companies for the following amounts for mowing right-of-ways and parks, in accordance with Bid Invitation No. BI- 0166-01 based on low bid for an estimated annual expenditure of$230,711.80. The terms of the contracts will be for twelve months with an option to extend for up to two additional twelve-month periods subject to the approval of the suppliers and the City Manager or his designee. Funds have been budgeted by the Storm Water Department and Parks & Recreation Department in FY 01-02. Ram's Services Corous Christi. TX Groups 1-6 $162,825 Sierra Services Sinton. TX Group 7 $67,886.80 Grand Total: 5230,711.80 ********************************************************************************** BACKGROUND: Purpose: The Storm Water Department is responsible for mowing and maintaining over 2500 acres of drainage ROW, which includes approximately 100 miles of major drainage ditch slopes and approximately 800 miles of minor roadside ditch banks. In addition to maintaining drainage ROW, the Storm Water Department is responsible for mowing approximately 34 acres along improved TXDOT ROW in accordance with the 1983 Municipal Maintenance Agreement between the City and Texas Department of Transportation (TXDOT). ROW maintenance is the responsibility of the adjacent property owner, except where special contracts note otherwise. However, not all property owners accept this responsibility. Over time, the City has assumed additional responsibilities for mowing of various areas along improved ROW. Maintenance of these highly visible areas, along with increased public demand for an aesthetically pleasing and clean community, have resulted in changing priorities which have led over time to the diversion of a significant portion of work effort away from city park and recreational facilities. Unlike the 'fine-cut' mowing done by Park and Recreation's crews, the Storm Water Department's mowing is 'rough cut' with a limited amount of trim work. The Storm Water Department currently does not have the proper equipment or manpower required to adequately perform this new responsibility. In lieu of purchasing additional equipment and adding manpower to the staff, and as part of the continuing effort to re-engineer, staffhas developed specifications and received bids to contract out the maintenance of improved ROW areas. The proposed mowing contract for groups 1 through 6 is for approximately 95 acres of improved ROW, located throughout the City. For bidding purposes, the area was divided into six groups. The contract requires groups one through five to be mowed 21 times during the year, once every 15 days (2 weeks) during seven peak season months (March - September) and once every 21 days (3 weeks) during the remaining months of October through February. The sixth Group- Ocean Drive, from Craig to Alameda.. requires 52 cycles of mowing or approximately mowing once every week. The contract specifications include mowing, trimming, ] 1 T Previous Contract: Bid Invitations Issued: Bids Received: Price Analysis: Award Basis: Funding: edging, litter pick-up, clearing of sidewalks and, for the first time, a new service of herbicide application to curb and gutter expansion joints and along street asphalt and gutter seams which parallel the ROW areas being mowed. Additionally, approximately 66 acres of parks located on the island and 11 acres of parkland located on the T -heads are included in this contract. The parks on the island will be mowed 12 times during the year, once every month. The T- heads will be mowed 26 times during the year, once every 15 days (approximately every 2 weeks). As above, the contract will include mowing, trimming, edging, litter pick-up and herbicide application. The T -heads and the parks located on the island are included in this contract to allow the Parks & Recreation Department to concentrate their efforts on the remaining parks throughout the City. The City has bid this contract out on two separate occasions over the past year and a half. Historically, the City has issued bids for mowing contracts to local bidders. Under the first bid, the contract was awarded by Council in March of 2000. However, the contract was never initiated due to the vendor's inability to provide a performance bond as required in the specifications. Specifications were revised to require a $1000 cash bond in lieu of a performance bond. Under the second bid, two bids were received. The apparent low bidder requested to withdraw their offer due to an error in the pricing of his bid. Due to the remaining bidder submitting limited pricing on only a portion of the contract, staff decided to rebid the contract and issue bids to non-local bidders. The City has received the $1000 cash bond from each of the recommended vendors and is requesting the award as submitted. Sixty-five Four Pricing received denotes adequate competition. Low Bid Storm Water Department - Groups 1-6 530000-4010-32010 $180,000 Park & Recreation Department - Group 7 530000-1020-12910 68.000 ,~" r PctA\gL~ JJ PM , ichael Barrera, C.P.M ~ - Procurement & General Services Manager Total: $248,000 CITY OF CORPUS CHRISTI PURCHASING DIVISION BID TABULATION 81-0079-01 IMPROVED ROW STRIP MOWING RAM'S SERVICE Vation Bra's & K-Bar SIERRA SERVICES J.Z. LAWN SERVICE Services CORPUS CHRISTI, TX CORPUS CHRISTI, TX. Mathis, Texas SINTON lEXAS ITEM DESCRIPTION aTY UNIT UNIT PRICE EXT. PRICE UNIT PRICE EXT. PRICE UNIT PRICE EXT. PRICE UNIT PRIC EXT. PRICE 1.0 GROUP 1 - Seventeen strips, 21 cycle $705.00 $14,805.00 No Bid No Bid $18,600,00 $390,600.00 NeBId No"'" 11.301 acres 2.0 GROUP 2 - Fifteen strips, 21 cycle $850.00 $17,850.00 ".. "" $24,850.00 $521,850.00 .." .. 10.747 acres 3.0 GROUP 3 - Eighteen strips, 21 cycle $1,340,00 $28,140.00 "" "" $19,400.00 $407,400.00 "" .." 18.04 acres 4.0 GROUP 4 - Sixteen strips, 21 cycl. $1,130,00 $23,730.00 "" "" $19,000.00 $399,000.00 "" .... 15.385 acres 5.0 GROUP 5 - TXDOT- twenty strips 21 cycle $2,460,00 $51,660.00 "" "" $34,400.00 $722,400.00 "" ". 33,86 acres 6.0 GROUP 6 - Ocean drive medians, 52 cycle $560,00 $26,640.00 "" "" No Bid No Bid "" "" Craig St. to Alameda, 6 acres TOTALS FOR GROUPS 1 to 6 $162.825.00 $2,441,250.00 (incomplete) 7.0 GROUP 7- Island ROW & Parks 12 cycle 5,600,00 67,200.00 $5,969.70 $71,636.40 40,000.00 480,000.00 $4,148.15 $49,777.80 66.33 acres ..0 GROUP 7.1A. T-Heads 26 cycl. 880.00 22,880,00 1,366.25 35,522.50 I 35,000.00 910,000.00 696.50 18,109.00 10.93 acres TOTALS FOR GROUP 7 $90,080.00 $107,158.90 $1,390,000.00 $67 886.80 Grand Total Award $230,711.80 .. .-l 6 ------r-- i Requested Council Date: 08/28/01 Alternate Date: 9/11101 AGENDA MEMORANDUM RECOMMENDATION: Motion approving the purchase of services for laboratory analyses for assessment of technically based local limits for priority pollutants, for the six (6) wastewater treatment plants in accordance with Bid Invitation No. BI-0185-01, with Analysys, Inc., Corpus Christi, Texas, based on low bid for a total amount of$34,890. These analyses are required by The Texas Natural Resouce Conservation Commission (TNRCC) to determine the pollutants in the wastewater. Funds have been budgeted by the Wastewater Department in FY 01-02. ............................................................................... BACKGROUND: Purpose: This sampling is done to develop limits which protect the wastewater treatment plants, receiving waters, and sludge disposal methods. The end result is a list of parameters and concentrations applied to industries discharging to the City sewer system. The limits are incorporated into the City's wastewater treatment plant permits and are federally enforceable. The City has delegation from the U. S. Environmental Protection Agency to enforce the pretreatment program into which the local limits will be incorporated. The limits were last calculated in 1992. The Texas Natural Resource Conservation Commission (TNRCC) has required the City to reassess the local limits. After approval by the TNRCC, the City will incorporate the limits into the Commercial and Industrial Waste Disposal Pretreatment Ordinance (Section 55, Article XI) Bid Invitations issued: Five Bids Received: Four Award Basis: Low Bid. Bid Invitation No. BI-0185-01 stated: The City will make one award. Funding: Organization Name Amount Broadway Oso Greenwood Allison Laguna Madre Whitecap 33100 33110 33120 33130 33140 33150 $ 4,984.29 9,968.55 4,984.29 4,984.29 4,984.29 4.984.29 $34,890 Total . t ~dM ichael Barrera, C. P. M. &_ - '-.. Procurement and General Services Manager - BID INVITATION NO.: BI -0185-01 SPECIAL TESTING FOR WASTEWATER FOR PRIORITY POLLUTANTS BUYER:ESTHER C.BARRERA ITEM 1 2 3 4 5 6 7 8 9 10 11 12 Metal - Influent samples Metal - Effluent samples Metal - Lift Station samples Metal - Sludge samples Phenolics - Influent samples Phenolics - Effluent samples Phenolics - Lift Station samples Phenolics - Sludge samples Cyanide - (WA. D. ) - Influent samples Cyanide - ( W.A.D. ) - Effluent samples Cyanide - (W.A.D. ) - Sludge samples Lead Time CITY OF CORPUS CHRISTI PURCHASING DIVISION BID TABULATION 36 36 36 6 144 144 144 6 144 144 6 36 Analysys, Inc. Corpus Christi, Tx UNIT TOTAL UNIT PRICE PRICE Each Each Each Each PIN Laboratories pus Christi, Tx UNIT TOTAL )RICE PRICE /am Trent Lab. pus Christi, Tx UNIT TOTAL Fugro South Inc. Corpus Christi, Tx UNIT TOTAL PRICE PRICE $150.00 $5,400.00 $100.00 $3,600.00 $120.00 $4,320.00 $225.00 $8,100.00 150.00 5,400.00 100.00 3,600.00 120.00 4,320.00 225.00 8,100.00 150.00 5,400.00 100.00 3,600.00 120.00 4,320.00 225.00 8,100.00 175.00 1,050.00 100.00 600.00 120.00 720.00 225.00 1,350.00 20.00 2,880.00 35.00 5,040.00 30.00 4,320.00 25.00 3,600.00 20.00 2,880.00 35.00 5,040.00 30.00 4,320.00 25.00 3,600.00 20.00 2,880.00 35.00 5,040.00 30.00 4,320.00 25.00 3,600.00 30.00 180.00 35.00 210.00 30.00 180.00 25.00 150.00 20.00 2,880.00 24.00 3,456.00 40.00 5,760.00 68.00 9,792.00 20.00 2,880.00 24.00 3,456.00 40.00 5,760.00 68.00 9,792.00 30.00 180.00 24.00 144.00 40.00 240.00 68.00 408.00 80.00 2,880.00 50.00 1,800.00 90.00 3,240.00 200.00 7,200.00 15 days 534.890.001 $35.586.001 $41,820.001 $63,792.00 weeks Note: Bid Invitation No. BI -0185-01 stated: The City will make one award. 10 days 10 to 15 days 7 . T " AGENDA MEMORANDUM RECOMMEDA TION: Motion approving the purchase of one 26' van from Lynch Diversified Vehicles (LDV, Inc.), Burlington, WI. for the total amount of $190,912. The award is in accordance with the Federal Supply Schedule of the United States General Services Administration (GSA). The van will be used by the Police Department. Funds are available in the Law Enforcement Block Grant and Crime Control District monies in FY 01-02. This item will be a new addition for the department. ******************************************************************************* BACKGROUND: Purpose: The 26' van will be purchased and used by the Police Department for the performance and support of counter-drug activities under the authority for the state and local law enforcement equipment procurement program ("1122"). Mobile Community Oriented Policing - a custom built state- of-the art van will give officers the opportunity to have immediate on site contact with community residents, allow for special law enforcement deployment operations in response to specific problems, and provide for easier participation by officers in community meetings and forums. The unit's presence in a neighborhood will create a community meeting place and further reinforce the bonds with the community policing officers. Award Basis: The vehicle is purchased under the GSA Contract No. GS-30F-009L. Purchases made under the Federal Supply Schedule satisfy all competitive bidding statutes pertaining to a local government. Funding: Police DepartmeIJ!ioo 550020-1050-820900 - LEBG Grant - $150,000 550020-9010 11717 - Crime Control- 40.912 Total $190,912 ~~~~"+ Procurement & General Services Manager ""-'~r -~-~ .....,-'. 8 1 , T T CITY COUNCIL AGENDA MEMORANDUM Date: August 17.2001 AGENDA ITEM: Motion authorizing the City Manager or his designee to execute a contract in the amount of$58,328.52 for purchase of services from the State of Texas, Department ofInformation Resources, to provide computer maintenance to the Police Department's Digital Equipment Corporation (DEe) and COMP AQ equipment being maintained by COMPAQ through its computer services contract with the State of Texas. ISSUE:. The annual contract expires 8/31/01 and must be renewed to continue providing maintenance for computer hardware operating under the Police computer system (police, Fire, and EMS). BACKGROUND INFORMATION: The annual contraC1 (9/1/01 - 8/31/02) provides maintenance on the DEC equipment located in the Police Department consisting ofthe Computer Aided Dispatch., Records Management System, and Personal Computer Network as well as 200 COMPAQ mobile data laptop computers. The current contract with the State of Texas was entered into pursuant to the authority granted in the Interlocal Cooperation Act, Texas Government Code Ann. 791.001 (Vernon 1993). The state contract provides the least expensive option for maintenance that can only be provided by COMPAQ. The contract has increased $1,804.08 due to equipment falling out of the warranty period. REQUIRED COUNCIL ACTION: Approval of the contract. RECOMMENDA TION;. Staff recommends approving the contract. CJ>oau P. Alvarez, Chief ofP i Attachments: Contract with the State of Texas, Department of Information Resources . 9 ~ - '" AGENDA MEMORANDUM Date: August 16,2001 SUBJECT: South Texas Library System Grant for state fiscal year 2001-2002 AGENDA ITEMS: a) Motion authorizing the City Manager or his designee to accept a grant in the amount of $753,411 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 2001- 2002. b) Ordinance appropriating $753,411 from the Texas State Library and Archives Commission in the no. 1050 Federal/State grants fund for the continued operation ofthe South Texas Library System, located at the Corpus Christi Public Library. ISSUE: The Texas State Library and Archives Commission designates and funds ten regionailibrary 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 2001-2002. The purpose of the South Texas Library System (STLS) is to provide supplementary and auxiliary services to its fifty-two member libraries in a twenty-six county area of South Texas. Corpus Christi Public Library is both administrative headquarters 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, Consultmg, Continuing Education, Public Relations, Reference Backup, Literacy, Network Resources, and Collection Development. The contract provides personnel funds for six full time staff members. Corpus Christi Public Library will receive $17,000 for books, and the City will be reimbursed $34,885 for administering the program; this indirect cost recovery is calculated at 13.87% of salaries. No funding will be required orrequested from the City. The grant period is for September 1,2001 through August 31, 2002. T AGENDA MEMORANDUM (ConL) South Texas Library System Grant 2001-2002 REQUIRED COUNCIL ACTION: Contracts in excess of$15,000 and appropriation offunds require City Council Approval. RECOMMENDATION: Staff recommends acceptance of grant and appropriation of funds. ~fL {~-~ Herb Canales Director of Libraries -.-T---.......... .. ORDINANCE APPROPRIATING $753,411 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 $753.411 is appropriated trom 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 . 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 , 2001. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Samuel L. Neal, Jr., Mayor APPROVED ~-r- :2-2-,2001 James R. Brav, Jr. City Attorney ,~ .;."... . 1'", , By: ~N'_ ~..... Lisa Aguilar Assistant City Attorney J 1:'.1 ,FG-D/R I/.lSAORDJORDJ.! ) II 1 T T 10 -,. , r ".,^,M____~^__"~.._"__.4_.__.'.~,,~......._-_,,~____"__.~,___....,~___,.,.. ._._. '~'T--'" AGENDA MEMORANDUM Date: August 16,2001 SUBJECT: Corpus Christi Interlibrary Loan Referral Center Grant for state fiscal year 2001-2002 AGENDA ITEMS: a) Motion authorizing the City Manager or his designee to accept a grant in the amount of $129,087 and to execute a contract and all related documents with the Texas State Library and Archives Commission for the continued operation of the InterlIbrary Loan Referral Center located at the Corpus Christi Public Library. b) Ordinance appropriating $129,087 from the Texas State Library and Archives Commission in the no. 1050 FederaVState grants fund for the continued operation of the InterlIbrary Loan Referral Center located at the Corpus Christi Public Library. ISSUE: The Texas State 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 state fiscal year 2001-2002. The purpose ofInterlibrary Loan is to facilitate the lending and borrowing of books and other materials among libraries throughout the United States. 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 three full time staff members, costs for use of the computerized lending network, supplies, equipment maintenance, printing, postage, telephone and travel. In addition, the City will receive $9,938 in indirect costs which is calculated at 13.87% of direct salaries. No funding will be required or requested from the City. The grant period is for September 1,2001 through August 31, 2002. REQUIRED COUNCIL ACTION: Contracts in excess of$15,000 and appropriation of funds require City Council Approval. - AGENDA MEMORANDUM (Cont.) COrpus Christi Interlibrary Loan Referral Center Grant 2001-2002 RECOMMENDATION: Staff recommends acceptance of grant and appropriation of funds. -fIL[~L-- Herb Canales Director of Libraries 7 T - ORDINANCE APPROPRIATING $129,087 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; AND DECLARING AN EMERGENCY. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI: SECTION 1. That $129,087 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 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 .2001. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Samuel 1. Neal, Jr., Mayor APPROVED A~ ;;2':1-, 200t James R. Bray, Jr, City Attorney By: ~~ Lisa Aguilar Assistant City Attorney H:\LEG_OlR\LISA\ORD30RD3AI1I , I -,- . . -~~ 11 ---.<""T'""" " -- AGENDA MEMORANDUM SUBJECT: National Endowment for the Humanities grant AGENDA ITEMS: a. Motion authorizing the City Manager or his designee to accept a grant in the amount of $2,500 from the National Endowment for the Humanities. b. Ordinance appropriating $2,500 from the National Endowment for the Humanities in the no. 1050 Federal/State grants fund to assess preservation needs of local history collections; and declaring an emergency. ISSUE: The National Endowment for the Humanities approved a grant request for consultation services to access preservation needs of specific local history documents. The results of the assessment may provide the library with support documentation for another NEH grant request for supplies and equipment, for which the library might be eligible. Support documentation could be used to solicit from other sources such as foundations and corporations. REQUIRED COUNCIL ACTION: Grant acceptance and appropriation of funds require Council action. FUTURE AGENDA ITEMS: None FUNDING: No City funding is required. RECOMMENDATION: Staff recommends acceptance of grants and appropriation of funds. -li~~d Director of Libraries --'-"'~T' ~~'-_..._-~_.~.......... AN ORDINANCE APPROPRIATING 52,500 FROM THE NATIONAL ENDOWMENT FOR THE HUMANITIES IN THE NO. 1050 FEDERALIST A TE GRANTS FUND TO ASSESS PRESERVATION NEEDS OF LOCAL HISTORY COLLECTIONS; AND DECLARING AN EMERGENCY. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI: SECTION 1. That $2,500 is appropriated from the National Endowment for the Humanities in the No.1 050 Federal/State Grants Fund to assess preservation needs of local history collections. 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 ,2001. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Samuel L. Neal, Jr. Mayor LEGAL FORM APPROVED ~t 8' .2001: JAMES R. BRAY. JR.. CITY ATTORNEY By: 'I.~~ Lisa Aguilar Assistant City Attorney H:\LEG-DlR\L1SA\ORDJIORD3A 1 J ._"._~--~~~- .-..... ----T T' 12 ~-T ,~"-,.-...,._- AGENDA MEMORANDUM DATE: August 21, 2001 SUBJECT: Bayfest 2001 Festival Street Closings AGENDA ITEM: Motion approving the application from Bayfest, Inc. to temporarily close the following street sections for the Bayfest 2001 Festival, September 21 - September 23, 2001. 1. Northbound Shoreline Boulevard (inside lane only), from the north right-of-way of the old Belden Street median crossover (exclusive of the median crossover at Power Street) to Hughes Street, beginning at 9:00 am, Wednesday, September 12, 2001 through 5:00 pm, Friday, September 21, 2001 and from 6:00 am, Monday, September 24, 2001 through 5:00 pm, Wednesday, September 26, 2001; 2. Southbound Shoreline Boulevard (full closure), from the south right-of-way of Hughes Street to the north right-of-way of Power Street, beginning at 9:00 am., Wednesday, September 12 through 5:00 pm, Wednesday, September 26,2001; 3. Northbound Shoreline Boulevard, (full closure), between westbound Interstate 37 and the north right-of-way of Hughes Street, from 5:00 pm, Friday, September 21 through 6:00 am Monday, September 24, 2001; 4. Southbound Shoreline Boulevard (full closure), between the north right-of-way of Power Street to westbound Interstate 37, beginning at 5:00 pm, Friday, September 21 through 6:00 am, Monday, September 24, 2001; 5. North Water Street (full closure), between Fitzgerald Street and Hughes Street from 8:00 am, Friday, September 21 through 6:00 am, Monday, September 24, 2001; 6. Palo Alto Street, Fitzgerald Street, Resaca Street and Hughes Street (full closures to through traffic) each between Water Street and Shoreline Boulevard, from 8:00 am, Friday, September 21 through 6:00 am., Monday, September 24,2001; and 7. Power Street (full closure) between 5:00 pm, Friday, September 21 through 6:00 am Monday, September 24, 2001. ISSUE: The Bayfest 2001 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, Ms. Sharon Emerson and Ms. Jane Dykes, have requested the same street closures previously approved by the City Council for prior year Bayfest festivals, with adjustments on Shoreline Boulevard between Interstate 37 and Power Street to accommodate access to the U.S. Federal Courthouse. REQUIRED COUNCIL ACTION: Street closing permits for large public events require City Council approval. RECOMMENDATION: Approval of the motion as presented. r ~jp<-/ g I R. Escobar, P.E. irector of Engineering Services Additional Support Material 1. Background Information 2. Exhibit 1 - Location Maps (Partial and Full Closure) 3. Exhibit 2 . Street Closing Application 4. Exhibit 3 - Bayfest Lease Agreement 5. Exhibit 4 - Memorandum of Agreement with U. S. Marshall's Service Baylest 2001 Festival Street Closings Page 1013 I " 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. Last year (February 16, 2000), the Council approved a new five year lease agreement (Exhibit 3) Bayfest, I nc. imposing terms and covenants not included in the provisions for public event street closing permits (Sections 49-15 through 49-18). Backaround Information: Ms. Sharon Emerson and Ms. Jane Dykes, Co-Chairpersons of Bayfest, Inc., have requested temporary street closures for the 26th annual Bayfest event. Bayfest 2001 festivities will occur on September 21 - 23,2001. Bayfest, 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 Aareement and Reimbursements to C.llY.;. 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. Also, under the Use Agreement, Bayfest, Inc., is allowed to charge an admission fee. This year's fees are: $5.00 for all persons above the age of twelve (12) years, $1.00 for children under 12 years, and $3.00 for senior citizens. 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 vear 2000 onlv, Bavfest will pav 75% of all Police Department overtime costs. The City of Corpus Christi was reimbursed $39,928 for actual support provided during Bayfest, 2000. The terms of Bayfest's reimbursements to the City for Police Department overtime costs for the 2001 festival is scheduled to be revisited by the City Council. Street Closinas and Detours: Street closings for the Bayfest 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 2001 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 are adjusted to accommodate the normal traffic patterns associated with Bayfest events. Effect on Bavfront Arts & Science Park Functions: Staff has discussed the proposed street closings with management of the 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 sign age will be provided to direct motorists to other Bayfront Arts & Science Park attractions via Chaparral Street. Bayfest 2001 Festival Street Closings Page 2 of 3 .-.T------.-.-,...-..-.. ,.. Traffic Routina Chanaes: The only significant street closing changes compared to last year's event are: 1. Southbound Shoreline Boulevard between Power Street and Westbound IH 37, and Power Street between Water Street and Shoreline Boulevard will be open for vehicular and pedestrian traffic until the beginnning of the Bayfest festival at 5:00 pm Friday, September 21, 2001 and after 6:00 am Monday, September 24 to provide access to the new Federal Courthouse. Northbound Shoreline Boulevard between westbound IH 37 and the Power Street median crossover will be open for vehicular and pedestrian traffic until the beginnning of the Bayfest festival at 5:00 pm Friday, September 21, 2001 and after 6:00 am Monday, September 24 to provide access to the new Federal Courthouse. Effect on U.S. Federal Courthouse: On March 16, 2001, Bayfest's Event Chairperson/Organizer met with the United States Marshall's representative out of Houston, Ms. Wanda Price, and with Ms. Juan Castillo and Mr. Ron Miller, representing the General Service Administration, to address security and other related issues raised by the U. S. Marshall's Services. Also in attendance were Corpus Christi Police Chief Pete Alvarez and Assistant Police Chief Ken Bung. The agreement reached at the meeting was to allow the Bayfest organization to use the same area of festivities as in last year's event with the exception that access to the United States Federal Courthouse for the general public conducting business at the Courthouse not be interrupted or obstructed during normal business hours. The two U.S. federal judges are also in agreement with the requested street closings. ************* Bayfest 2001 Festival Street Closings Page 3 of 3 .~ I " ;;; .. ~ , 0\0 , 11-1 37 1.1'1. 37 o 11 MANN ST. EXHIBIT -1- f LOCATION MAP ~ SUBJECT: BAYFEST 2001 FESTIVAL =" = TEMPORARY STREET CLOSINGS (PARTIAL CLOSURE) - - ~'l'FUT-clKJlT$ Traffic Engln_r1ng Dlv. Engln_r1ng Service. Dept. .-.., ,r \::;;~r.;,:.';'::;;, PROPOSED STREET w~ mmm ~~~ "1"'/.''''': CLOSINGS 0 ~ ~~~ s=J -~ ~~ml EXHIBIT -i.A- -=~ f , , DO gD ~ c : c ~ _ OeD [1 A 0 ~.,..... lDD PAlO TO DO! ~ ,;: t .\ ~ 5 ~ . .\~'. .. Z 8 ~ ~ ~ ~ ~ . o , .- o II M.'HN ST. ~ SUBJECT: BAYFEST 2001 FESTIVAL =- = TEMPORARY STREET CLOSINGS (FULL CLOSURE) - - LOCATION MAP ~=~ Traffic Engln_r1ng Dlv. Engln_r1ng Services Dept. --,-- I . ..~..,."._- .._-,._-~.,,-,.. EXHIBIT 2 TRAFFIC ENGINEERING DIVISION DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI, TEXAS APPLlCA TION FOR PERMIT TO CLOSE STREET FOR PUBLIC EVENTS 1. Name of Organization Sponsoring Event: Bayfest, Inc. 2. Name of Proposed Event: Bayfest 2001 '3. Date of Planned Event: September 21-23, 2001 4 Key Contact Individual: Sharon Emerson and Jane Dykes Phone No. 887-0868 5. Street(s) Requested for Closure, Dates and Times of Day - DESCRIBE: Shoreline Blvd. north and southbound, north of 1-37, sections of Hughes, Resaca, Fitzgerald, Palo Alto, and Belden Streets between Shoreline Blvd. and N. Water Street. September 12-26, 2001. 6. Purpose of Event and Detailed Description of Activities Planned: To provide a vehicle for non-profit community groups to raise needed funds for their proiects and a family festival for South Texas. 7 List foods and beverages to be served: A variety of "pick-up" foods. soft- drinks. non-carbonated drinks, beer and wine products. 8. Services Requested by the City: See contract between Bayfest, Inc. and the City of Corpus Christi. 9. Attach a diagram illustrating in detail the location of booths, stages, restrooms, first-aid stations, etc.. that will be included in the event. ** To be mailed at a later date. ** 10. 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). 11 Attach an official letter of transmittal requesting approval of the event. RECEIVED Qllr, 172001 TRAct-Ie ENGINEERING DIVISION '"-_.1\ "'" T"' .._~_u._..._. Permit to Close Street for Public Events 2 12. In consideration of obtainin~ 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: ** See City Contract ** B. All profits derived from the event shall be for charitable causes; C. >I< 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. '* See Cht Cozh'ctcJ-, D.* Provide and maintain an insurance policy with the limits and requirements shown on the attached Exhibit "A". C~~co..~ o~ \"!.,,,"..a.>'C~ -\0 lo~ ~:t.el,) . 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 aU 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 hundreo (100) percent of the manaoino tenants or, if the orooertv is vacant. manaaino orooertv owners of the orooertv abutting that oortion of the street to be closed to vehicular traffic: and (ii) for the Downtown Manaoement District onlv (bounded bv Lower Broadwav Interstate 37, Shoreline Boulevard (includino the marina areas, and Kinnev Street), ninet\ (90%) percent of the manaoino tenants, or, if the property is vacant. manaoino propem owners of the property abuttino that portion of the street to be closed to vehicular traffic. H. Provide adequate number of restroom facilities to accommodate the anticipated public: 1.* 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 be provided by sponsor; security sha consist of off-duty City Police officers, or other type security officially approved by the City K. All construction of booths, stages, displays, electrical services and plumbing shall compl with City Codes. The final layout of booths shall be approved by the Director of Parks an. Recreation; L. Provide for potable water within the event site: M. Provide first-aid stations; N: Provide continuous cleaning of the site during the event and return it to pre-event conditio 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 an 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 emergenc' u. C1rrxtiu:J1 t~'~<i riggt .Alill r1Qt gg ~Qf,r:RittQg. V Building and Electncal permits for a temporary promotional event, associated constructic and Certificate of Occupancy are reqUired. . ~ 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: t!wJ~.j, ~. Qr ~1 11 ~ tl.. : .Ii/Ill.. X!. ' ,~a.f) uA!_^ (J...UL ....., J . .:':z;.;;;"C1:' ""~ ~u<; ~tI"\~ ~-k4-1 ~~ Sponsoring Organization Date Submitted: auM~)l,; dODr {j ~:;-\~:~'. . . .. ---..-..-t---- .-.- INDEMNITY AGREEMENT , ~HE STATE OF TEXAS s KNOW ALL MEN BY THESE PRESENTS ~OUNTY OF NUECES S WHEREAS, Section III of said standards, entitled Procedure and Permit Reauirements, equires a contractor for a permit to close or block any part of a roadway to file a statement with the iirector of Engineering Services Traffic Engineering division indemnifying the City against all .laims or causes of action by reason of or arising from the closing or blocking of the roadway mrsuant to a permit issued by the City. .'tifJ1i' Now, therefore, in consideration for the issuance of a permit to the undersigned by the City f Corpus Christi, forthe purpose of barricading, blocking or closing a street, alley or other public ;ght-of-way in said City, said permit applicant agrees to indemnify and save harmless and defend he City of Corpus ChristL its agents and employees from any and all claims, lawsuits, demands, iabilities, losses or expenses. including court costs and reasonable attorney's fees, for or on account ,f any injury to any person. or any death at any time resulting from such injury, or any damages to my property which arise or may be alleged to have arisen directly or indirectly, as a result of the ;ranting of this permit. The Contractor. during the term of operations specified in this Public Right-of-Way Blockage )ermit, will provide and maintain at the Contractor's expense a Commercial General Liability nsurance policy with the limits and requirements shown on the anached and incorporated Exhibit .-\n. The City of Corpus Christi must be named as Additional Insured on the policy. Evidence of equired insurance coverage will be by a Certificate of Insurance furnished to the Director of engineering Services Traffic Engineering Division prior to the proposed blockage underthis permit. Vitness my (our) hand(s) this Itj~ ~~ day of ~.:- '-xL .'~. P t W4~ - !> ~re61-,2b" / Event I , 20ae. - EXHIBIT .1 A" , INSURANCE REOUIREMENTS 1. PERMITTEE'S LIABILITY INSl JRANCE A. Permittee must not commence work under this agreement until helshe has obtained all insurance required herein and such insurance has been approved by the City. Nor may Pennittee allow any subcontractor to commence work until all similar insurance required of the subcontractor has been so obtained. B. Permittee must furnish to the City's Risk Manager 2 copies of Certificates ofInsurance, with the City named as an additional insured for all liability policies, and a blanket waiver of subrogation on all applicable policies showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. lYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-Day Notice of CanceDation required on all certificate. BodDy Injury and Property Damage Commercial Gen.".al Liability including: S I ,000.000 COMBINED SINGLE LIMIT for large events I. Commercial Form or 2. Premises - Op.".ations S5oo.0oo COMBINED SINGLE LIMT for small events 3. Products Completed op.".ations 4d Contractual Insurance 5. Broad Form Property Damage 6. Independent Contractors 7 Personal Injury AUTOMOBILE LIABILITY --OWNED NON-OWNED 5500.000 COMBINED SINGLE LIMIT OR RENTED wmCH COMPLIES WIlli TIlE TEXAS WORKERS' WORKERS' COMPENSATION COMPENSATION ACT AND PARAGRAPH 11 OF TIllS EXHIBIT EMPLOYERS' LIABILITY 5100.000 C In the event of accidents of any kind, Pennittee must furnish the Risk Manager with copies of all reports of such accidents at the same time that the reports are forwarded to any other interested parties. '.---- ~. II. ADDITIONAL REOtJIREMENTS A. Permittee must obtain workers' compensation coverage through a licensed insurance company or through self-insurance obtained in accordance with Texas law. If such coverage is obtained through a licensed company, the contract for coverage must be written on a policy and endorsements approved by the Texas Department ofInsurance. Whether workers' compensation coverage is provided through a licensed insurance company or through self-insurance, the coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by Permittee will be promptly met. B. Certificate ofInsurance: . The City of Corpus Cbristi must be named as an additional insured on the liability coverage, except for the Workers' Compensation coverage and a blanket waiver of subrogation on all applicable policies. . If your insurance company uses the standard ACORD form, the cancellation clause (bottom right) must be amended by adding the wording "changed or" between "be" and "canceled", and deleting the words, "endeavor to", and deleting the wording after "left". . The name oftbe project must be listed under "Description of Operations" . At a minimum, a 30-day written notice of change or cancellation is required. c. If the Certificate of Insurance does not show on its face the existence of the coverage required by items I.B (1 )-(8), an authorized representative of the insurance company must include a letter specifically stating whether items I.B. (1)-(8) are included or excluded. III A completed Disclosure oflnterest must be submitted with your proposal. Street Closure insurance requirements 9-5-00 ep Risk Mgmt. .----r---T , , I ---1 EXHIBIT 3 Bayfest Five Year Lease Agreement State of Texas ~ Know All By These Presents: County of Nueces ~ THIS LEASE AGREEMENT is between the City of Corpus Christi, a Texas home-rule municipal corporation ("City"), acting through its duly designated City Manager, and Bayfest, Inc. a Texas non-profit corporation, ("Bayfest"), acting through its duly designated agent, and in consideration of the covenants contained herein. 1. Definitions. a. City - means the City of Corpus Christi, a Texas home-rule municipality. b. Bayfest - means Bayfest. Inc._ a Texas non-profit corporation. c. Bayfest's Agent - means a duly authorized representative of Bayfest, Inc. d. Premises - means the site for the Bayfest Event, including parking lots, the barge dock, etc, as more fully described on the attached and incorporated Exhibit A. e. Event - means the annual festival and related activities sponsored by Bayfes!. f. City Manager - means the City's City Manager or his designee. g. Park Director - means the City's Director of Park and Recreation or his designee. h. City Traffic Engineer - means the City's Traffic Engineer or his designee. l. Police Chief - means the City's Police Chief or his designee. J. Risk Manager - means the City's Director of Risk Management or His designee. k. City Attorney - means the City's Attorney or his designee. I. Projects - The IH-37 Park and Federal Courthouse projects began work in fall of 1998 and will last for three years or more. The Projects will affect parking, streets, and Premises identified in this Lease. 2. Term. This Lease is for a term of five (5) years, commencing 1999. Bayfest 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 annually in 2000,2001,2002,2003, and 2004 and to the exclusive use of said Premises 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 Sayfest may terminate this Lease by giving written notice of cancellation at least 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 hereto. bfcntrct-5 years February 22, 2000 I ---'---',- r 3. Premises. City grants to Bayfest the privilege of using the following described City property to conduct its annual Bayfest Event: The sidewalks. medians and seawall. along Shoreline Boulevard between Interstate Highway 37 and the Bayfront Arts and Science Park; the barge dock; and the vacant city block bounded by Resaca, Fitzgerald. Chaparral and Water Streets. said areas being more fully described in Exhibit A (i.e. "Premises".) In addition. landscaped areas within the Premises must be protected during the Event. If the City develops a "Festival" site during this Lease. 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 amended 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 "Festival" site is not available for events at least 6 months prior to the date of that year's Event. Bayfest may elect to wait one year to move the Event to the "Festival" site. Note: Ibis Lease does not include the Bayfront Plaza Convention Center or parking lots adjacent to the Convention Center. Use of any of these facilities will be covered under a separate agreement. The street closure process will govern further street closures. 4. Premises Revisions. Within the next three years or more, the Projects will significantly impact and change the Premises and other parts of this Lease. The Premises will need to be reviewed annually in the areas of parking, street closures, traffic control, barricades, traffic signs, security, fire lanes, and fencing, to determine whether the Premises are impacted by the Projects and whether Exhibit A needs to be revised by the Park Director and Bayfest. Requests by Bayfest for use of additional City-owned areas requires prior written approval from the Park Director. No concession stand, rides or other apparatus connected with Bayfest may use the grassed or shrubbed areas within the Bayfront Science Park without prior written permission from both the Convention Center Manager and the Park Director. Use of the Water Garden must be approved annually by Park Director. The Park Director may require written permission to be secured by Bayfest of other tenants, i.e. Art Museum of South Texas, Harbor Playhouse, Corpus Christi Museum of Science and History. If Exhibit A is revised, a new Exhibit A will be filed with the City Secretary and Park Director and supersede the existing Exhibit A. Any new Exhibit A becomes effective upon its filing with the City Secretary. bfcnuct-5 years January 20, 2000 2 . .' 5. Event Layout Diagram. Bayfest must provide the Park Director a diagram explaining the final Event layout for all related activities at least two weeks prior to the Event. Layout of the Event is subject to the approval of the Park Director. 6. Special Event Fee. Bayfest must pay City a one-time Special Event Permit fee of $250 as per City ordinance. 7. Payment of City Costs. In consideration for the use of City property Bayfest will pay the City within 60 days after the Event ends each year the actual cost incurred for services rendered including any other City services provided by departments other than Park & Recreation and Police. The Park Director will invoice Bayfest for such costs within twenty (20) calendar days after the Event each year. Such invoice will provide an itemized breakdown of the City charges for services rendered (setup and takedown, Event clean up, street sweeping and repair categories). Upon receipt of written request of Bayfest's Agent, the Park Director will furnish reasonable supponing documentation of such charges within ten (10) calendar days. If there is a hurricane or other stonn event that eliminates the Event or that reduces attendance at the Event by more than 50% from the prior year's attendance levels, the City Manager is delegated the authority to adjust the billing of City's Direct Costs. A. Direct Costs. City's Direct Costs in assisting with the Event may include but not limited to: I. Damages to City property within the Premises as a result of the Event, which will be billed at the cost of repair. Damages may be repaired by Bayfest. 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.1. and Section 22. below. (Bayfest will be given the opportunity to hire and work its own clean-up crew during and after the Event.) 3. Costs of Police Officers provided for security, crowd control, traffic control, and off-site traffic control, at applicable city rates for the Police Officers assigned. In year 2000, Bayfest 100% of City costs for Event services and 75% of police overtime. For all subsequent years Bayfest will be responsible for 100% of all City Direct 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 annual itemized bill of Direct Costs, if any, within 30 days after the Event closes. Bayfest will pay City's Direct Costs, if any, as billed within 30 days after City tenders invoice to Bayfest. bfcntrct-5 years January 20, 2000 3 . -,.-----.-r- T B. City Services. Payment will be made as set out in Section 7 above. for the following list of actual services actually provided by the City at each annual Event ("City Services") may include: I. Provide Premises ground and street trash removal services, up to approximately six (6) trash (brush) trucks and approximately 100 trash barrels. as available, for placement in designated areas in and around the Premises. Bayfest must provide plastic trash bags for the trash barrels. 2. Furnish and transport approximately 80 picnic tables, as available, to and from the Premises, for the Event annually. 3. Provide Park Construction Crews one 8-hour day before and after the Event (two days total) annually to transport Bayfest's property to and from Bayfest's warehouse; to remove hay and sand from designated Bayfest Premises; and to dispose of used vendor tickets. 4. Costs of barricades, signs, cones, etc. furnished and/or transported to the Premises by City staff (see Section 13). 5. Other services requested by Bayfest's Agent and provided by City. 8. Annual Plannim! MeetinlZs. Four months prior to each year's Event the Park Director, Street Director, Police Chief, and City Traffic Engineer will meet with Bayfest representatives to agree on City Services to be provided and discuss the costs of the City Services for the Event. Bayfest Agent may request additional meetings. 9. Deposit. Bayfest 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 reimbwse the City for any costs incurred for trash pick up or removal of any structures or repairs to City property. If no costs are incurred and Direct Costs are paid, the deposit will be returned to Bayfest within 30 days after the Event. 10. Notice. Notice may be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand delivered or on the third day after deposit if sent certified mail. Notice must be sent as follows: If to City: If to Lessee: Director of Park and Recreation City of Corpus Christi P.O. Box 9277 Corpus Christi, TX 78469-9277 (512) 880-3474 FAX (512) 880-3864 Bayfest, Inc. P.O. Box 1858 Corpus Christi, TX 78403-1858 (512) 887-0868 FAX (512) 887-9773 11. Temporary Street Closures. Upon making application to and receiving permission from the City each year for the temporary closing of the street to traffic in accordance with City ordinances, Bayfest may block off Shoreline Boulevard northbound and southbound North ofIH 37. A portion of the east leg of Shoreline Boulevard will be bfcntrct-5 years January 20, 2000 4 ~ kept open for continuous northbound traffic flow into the Convention Center and Art Museum up until the first day of the Event. Except as set out in the temporary closure ordinance, Bayfest must not obstruct or interfere with traffic upon Shoreline Boulevard, either northbound or southbound at any time. Upon conflmlation of street closures by the City Council, Bayfest may block off (except to local traffic) the sections of Hughes. Resaca., Fitzgerald., Palo Alto, Power and Belden streets between Shoreline Boulevard and North Water Street for the purpose of placing suppon services and equipment associated with the Event, in accordance with a site use plan approved by the City Traffic Engineer and Park Director. Bayfest must provide the City Traffic Engineer and the Park Director its site plan for the Bayfest Event, application for the requested street closure, and proof of all affected propeny owners' approval of the proposed temporary street closure not later than June I st annually. All street closures on a temporary basis are subject to the requirements of City Ordinances, Sections 49-15 to 49-18, as may be amended, and require the City Council to confirm such closures. The decision to confirm the closure of such streets is within the sole discretion of the City Council acting upon such application at the time such application is submitted. 12. Parking. Bayfest will provide parking and signage for people with disabilities in close proximity to the Event entrance and its related activities defined on the Premises map (Exhibit A). In addition, Bayfest will provide no more than 5 parking passes for City personnel scheduled to work during the actual Event and related activities. 13. Barricades, Traffic Signs. Bayfest must provide barricades and traffic signs required by the City Traffic Engineer that include temporary directional signage to the nearby attractions/facilities affected by the street closures and traffic circulation around the Event. Street access to Premises may not be blocked or panially blocked without detour signage and alternate street access. Bayfest must pay the cost of additional signage. 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 inflatable advertising only for Events that receive national television exposure, which must be pre-approved by the Park Director prior to being installed. 15. Rest Rooms, Drinking Water and First Aid. Bayfest must provide adequate portable rest rooms, including restrooms for people with special needs, and drinking water for the public as determined by the Park Director. A first aid station must also be provided throughout the duration of the Event. 16. Insurance. Bayfest's Agent must furnish to the Risk Manager Commercial General Liability insurance 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 bfcntrct - 5 years January 20, 2000 5 -.' -".. ---r--...~..~.- property damage. Bayfest and its volunteers. contractors and subcontractors driving on the Premises must have automobile liability insurance. which covers all owned and non- owned automobiles on Premises with at least the statutory bodily injury $20,000 per person. $40,000 per occurrence. $15,000 property damage limits. Bayfest's contractors and subcontractors that deliver tents. temporary structures, stages. bleachers, and other large items utilized for the Event must have owned and non-owned automobile insurance with at least a $500.000 combined single limit. Bayfest must also furnish insurance in the form of an accident policy for volunteers with minimum limits of $10.000 for death or dismemberment and limits of $5,000 for medical expenses. If alcohol is served at any of Bayfest's Events on Premises then Liquor Liability insurance in the amount of $1,000,000 combined single limit must be provided by the entity serving the alcohol. The City must be named as an Additional Insured on all liability policies. Bayfest must furnish the Certificates ofInsurance in at least the above minimum amounts to the City's Risk Manager two weeks prior to the non-exclusive use period each year. Bayfest must require all volunteers to sign an accident waiver form that Bayfest must keep on file. The City Attorney will approve the form. In the event of accidents of any kind, Bayfest must furnish the Risk Manager with copies of all reports of such accidents at the same time that the reports are forwarded to any other interested parties. In addition, Bayfest must provide copies of all insurance policies to the City Attorney upon City Manager's written request. Said insurance must not be canceled, non-renewed or materially changed without 30 days prior written notice to the Park Director. The Risk Manager may increase the limits of insurance upon two (2) months written notice to Bayfest. 17. Indemnity: Bayfest must indemnify and hold City, its officers, agents and employees ("Indemnitees") harmless of, from, and against aU claims, demands, actions, damages, losses, costs, liabilities, expenses, and judgments recovered from or asserted against Indemnitees on account of injury or damage to person or property to the extent any such damage or injury may be incident to, arise out of, or be caused, either proximately or remotely, wholly or in part, by an act or omission, negligence, or misconduct on the part of the Indemnitees or on the part of Baylest or any of its agents, servants, employees, contractors, patrons, guests, licensees, or invitees entering upon the Premises pursuant to this Baylest, Ine:. Five Year Lease to use the Premises and those portions of Shoreline and streets that are closed and the adjacent portions of the road median and the barge dock to set up and take down, hold attend, or participate in Bayfest and associated activities, on the premises with the expressed or implied invitation or permission of Baylest, or when any such injury or damage is the result, proximate or remote, of the violation by Indemnitees, Bayfest, or any of its agents, servants, employees, contractors, patrons, guests, licensees, or invitees of any law, ordinance, or governmental order of any kind, or when any such injury or damage may in any other way arise from or out of the improvements located on the Premises herein or out of the use or occupancy of the improvement to the Premises or the Premises itself by Indemnitees, Bayfest, its agents, servants, employees, contractors, patrons, guests, licensees, or invitees. bfcntrct-5 years January 20, 2000 6 . . These terms of indemnification are effective whether such injury or damage may result from the sole negligence, contributory negligence, or concurrent negligence of Indemnitees, and in all cases where Indemnitees actions are directly related to the Event, but not if such damage or injury results from gross negligence or willful misconduct of Indemnitees. Bayfest covenants and agrees that if City is made a party to any litigation against Bayfest or in any litigation commenced by any party, other than Bayfest relating to this Bayfest Five Year Lease, Bayfest shall defend City upon receipt of reasonable notice regarding commencement of such litigation. 18. Safety 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 frame 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 defined in the Premises within 2 days after the close of the Event annually. Bayfest will restore all items on the punchlist within 3 days after receipt of the punchlist. If Bayfest fails to restore all items on the punchlist, Park: Director may do so and invoice Bayfest for Direct Costs, as set out in Section 7 above. Bayfest or its agent must fill and compact all holes in grassy areas made by Bayfest or any entity or person participating in the Event. Park: Director must approve fill material. Any subsidence within the Premises must be additionally 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. sidewalks. or seawall. requires the prior written approval by City's Director of Engineering Services, provided however, that no such approval will be given if such work will require subsequent repairs by the City. 21. Permits. Bayfest must require all vendors to obtain and comply with appropriate permits. including 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 requirements of the City-County Health Department for the sale of foods and the protection of the public welfare. Bayfest's Agent will notify the Park Director of any special conditions imposed by any permitting agency. Any vendor that sells alcoholic beverages must furnish proof of Liquor Liability Insurance in the same amounts set out in Section 16. Said Certificate of Insurance must be furnished to the Risk Manager at least two weeks prior to the starting date of the Event annually. Other permits Bayfest must obtain are a Street Closure Permit from Traffic Engineering, a Temporary Promotional Event Permit from Building Inspection and Fireworks Permits from the Fire Department and any permits required by the Coast Guard for water events. bfcntrct-5 years January 20. 2000 7 , --~_. - Bayfest's Agent will notify the Park Director of any special conditions imposed by any permitting agency. 22. Cleanup. Bayfest must require all food and beverage vendors to ,.;an a designated zone adjacent to their respective booths at regularly scheduled intervals. Bayfest may designate the zone, but it will not be less than 10-feet by 20-feet in the immediate area around each food and beverage booth. The clean up will be hourly and immediately after closing the Event each day. All trash cleaned up must be properly deposited in a trash bag provided by Bayfest and taken to a location designated by Bayfest. Bayfest may hire and work its own clean-up crew during and after the Event. If the Park Director determines that additional clean-up is necessary, he will give BayfeSl's Agent 2 hours notice to increase services and if it is still unsatisfactory Park Director may authorize use of city workers. Bayfest must install screens, approved by the Stormwater Superintendent or designee, across all storm water inlets along Shoreline within the Premises (from the North end of the barge dock to the East Side of the intersection of Shoreline and IH 37). Drainage must not be blocked. Each year, Bayfest must remove the screens within the non- exclusive use period after the close of the Event. 23. Construction. The construction work for displays and stages must be conducted in accordance with City building codes and restrictions. Construction that causes damages will only be allowed if BayfeSl provides the Park Director prior written assurances that BayfeSl will remedy said damages in accordance with Section 19 above and Park Director approves such construction in writing. 24. Temporary Buildings. Sayfest must receive prior written approval from the Park Director to place any temporary buildings on the grounds 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 within the non-exclusive use time period. 25. Electrical & Water Services. Electrical and water service is not provided on the Premises. A Temporary Promotional Event Permit from the City Building Inspection Department is required in order to install electrical service for the Event. Further, a Certificate of Occupancy which involves inspections, must be completed by the proper inspector to have all temporary services, such as, food, electrical, plumbing, tents, and structures, inspected. It is the responsibility of BayfeSl to call each inspector for an appointment to inspect and get approval for each temporary service before the Event begins. Park Director will provide access to water from Park water facilities. 26. Permissible Vendor Location Markings. No paint or semi-permanent markings will be permitted which in any way obliterate or deface any pavement markings or signs heretofore existing for the guidance of motor vehicles or pedestrians. Chalk or tape markings may be used to pre-mark locations on the sidewalk or street. (painted markings of any type will only be permitted in grassy areas). bfcntrct - 5 years January 20, 2000 8 1 . 27. Dispute Resolution. City and Bayfest agree that any disputes which may arise between them concerning this Lease. such as determining the amount of damage to City properry occurring as a result of the Event. will be submitted for determination and resolution. first to the Park Director. with a right to appeal to the City Manager. The decision of the City Manager will be final, unless that decision is appealed to the City Council by giving written notice of appeal to the City Secretary within ten ( I 0) days after the written decision of the City Manager has been sent to BayfeSl. In the event of such appeal. the decision of the City Council will be final. This Lease in no way waives Bayfest's rights to seek other legal remedies during the appeals process. 28. Fire Lanes. Bayfest's Agent must at all time during the Event and the non-exclusive use period. maintain fire lanes upon the Premises as may be designated by City's Fire Chief. The fire lanes must be kept clear of all obstructions. Bayfest must, at all times it is in exclusive use of the Premises, provide driveway access for trucks and emergency equipment to the service entrance of the Convention Center, the Art Museum of South Texas. the Corpus Christi Museum of Science and HiSlory, and the Corps of Engineers by keeping such driveways open and unoccupied by structures or automotive equipment. 29. Assignment. Bayfest may not assign or transfer this Lease nor sublease the whole or any part of the Premises or make any alteration therein without the prior written consent of the City. 30. Breach, Termination. Any failure on the part ofBayfeSl to perform any of the covenants contained in this Lease, or any breach of any covenant or condition by Bayfest entitles City to terminate this Lease without notice or demand of any kind, not withstanding any license issued by City and no forbearance by City of any prior breach by BayfeSl is a waiver by or estoppel against City. In case of any such termination City is entitled to retain any sums of money theretofore paid by BayfeSl and such sums inure to the benefit of City as a set-off against any debt or liability of Bay fest to City otherwise accrued by breach hereof. 31. Right of Bayfest to Use Public Streets. Bayfest acknowledges that the control and use of public streets is declared to be inalienable by the City and except for the use privilege granted herein, this Lease does not confer any right, title, or intereSl in the public property described herein. The privilege to use the City property granted herein is subject to the approval of the City Council as required by ordinance and the compliance by Bayfest with the terms and conditions contained within this Lease. 32. Not Partnenhip or Joint Venture. This Lease may not be construed or deemed by the parties hereto as a partnership, 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 Bayfest by the bfcntrct-5 years January 20, 2000 9 -,-- ."..' City are compensation for provision of City services as described herein and for the right of Bayfest to use public properry for the limited purpose described herein. 33. City Services Subject to Appropriation. Bayfest recognizes that the services provided by the City pursuant to this Lease are subject to the City's annual budget approval and appropriation. The continuation 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 represent that the expenditures required by the City for the provision of services required by this Lease will be adopted by future City Councils, said determination being within the sole discretion of the City Council at the time of adoption of each fiscal year budget. 34. Compliance with Laws. Bayfest must comply with all applicable federal, state, and local laws and regulations, including without limitation compliance with Americans with Disabilities Act requirements, all at Bayfest's sole expense and cost. 35. Non-discrimination. Bayfest warrants that they are and will continue to be an Equal Opportunity Employer and hereby covenants that no employee, participant, invitee, or spectator will be discriminated against because of race, creed, sex. handicap, color, or national origin. 36. Fence. Bayfest may provide a temporary six-foot (6') chain link fence, with gates for access. as shown on Exhibit C, attached and incorporated. The fence will help improve security, crowd control, litter control, and keep bicycles, skateboards, animals, and personal coolers out of the Event area. Exhibit C may be revised to enlarge or decrease the fenced area in accordance with Bayfest's needs upon Park Director's concurrence. If Exhibit C is revised, a new Exhibit C will be filed with the City Secretary and supersede the existing Exhibit C. Any new Exhibit C becomes effective upon its filing with the City Secretary, 37. Admission Fee. BayfeSl may charge an admission fee. Special events connected with BayfeSl may charge another fee to help defray the cost of entertaitunent. 38. Security. Bayfest must provide uniformed Security Officers during the Event, and after the Event closes each night until it opens the next day. Bayfest will assign the Sec~ty Officers duties. Security Officer means sworn peace officers directly paid by BayfeSl. Provided, however, that the Police Chief may determine that a security guard service will provide adequate security for the Event, or portions of the Event. If the Police Chief allows a security guard service to provide security, the term "Security Officer" will include a licensed security 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 traffic control 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 Section 7 above. The Police Officers will be assigned duty stations by the Police Chief, or designee. bfcntrct-5 years January 20, 2000 10 -l r 39. Publication. Bayfest agrees to pay the costs of newspaper publication of this Lease and related ordinance as required by the City Charter. 40. Entirety Clause. This Lease Agreement and the incorporated and attached exhibits constitute the entire Lease Agreement between the City and Bayfest for the use granted. All other Lease Agreements, promises. and representations, unless contained in the Lease Agreement, are expressly revoked, as the parties intend to provide for a complete understanding within the provisions of this Lease Agreement and its exhibits, of the terms, conditions, promises, and covenants relating to Bayfest's operations and the Premises to be used in the operations. The unenforceability, invalidity, or illegality of any provision of the Lease Agreement does not render the other provisions unenforceable, invalid, or illegal. Executed in Duplicate Originals on :::trJ Clr c n [)Sr 7-<-'""'(' C" ,~ A TIEST: CITY OF CORPUS CHRISTI By: By: Armando Chapa, City Secr Legal form approved on I (/) Attorney ~ A)-Hi II) '"0 ' -199:-_; James R. Bray, Jr., City By: /1::LL(.().,_,\---~{l' "{)J~ ArrSon GallawaYI Assistant City Atto ey BA YFEST, INC. BY~ em ~Jt- Name: '~s ~ IVl ~v Leu Title: ~~ ~/J'eYv+ - B () cJ.-r 1 D-rd .OJ;ft"ld-AUTIlORIID IY cOuNC1l...._..:)l~ ._."'uou.. f1.i;;: ...~;~iiETAIV ~ bfcntrct-5 years January 20. 2000 11 -'~'... .. -- ---,-~. ._,," ......;...t... - - ~- ----------= / ~ y ." 01 :. , , I 1 " 'I \~ -= -00, 0\ _. 0\ rr I CJOO'.'~~ "'?- --:::.,- " 'J _ STREr- :LOSEO ,OR _ s"yr~ST [ fj -- - - -- - 'N I '..<INO AND OTH[. Cltl.la; SAve:.:::: :::: :. -....1 ~ ~ "LBve =-4.CIUTTES _ _ ea.... 0 J~ ~ ~CC...P'~D 9'l' ~"YF"' S ~Pri_~eMll:lPl -- J '.'2/99 :'":<~,~:- .:. '-' r , I EXHIBIT B BAY FEST YEAR NON-EXCLUSIVE 2000 8:00 a,m. Monday, Sept. 18.2000 through 8:00 p,m, Sunday, Oct.. 8,2000 2001 8:00 a.m. Monday, Sept. 10,2001 through 8:00 p.m, Sunday, Sept. 30,2001 2002 8:00 a.m. Monday, Sept. 16.2002 through 8:00 p,m, Sunday, Oct. 6,2002 2003 8:00 a,m, Monday, Sept. IS, 2003 through 8:00 p,m, Sunday, Oct. S,2003 2004 8:00 a.m. Monday, Sept. 6,2004 through 8:00 p.m. Sunday, Oct. 26, 2004 bfcntrct-S years February 14, 2000 , 1 -~ .-----T EXCLUSIVE 12:00 p.m. Thursday, Sept. 28, 2000 through Sunday, Oct.!. 2000 12:00 p,m, Thursday, Sept. 20, 2001 through Sunday, Sept. 23, 2001 12:00 p,m. Thursday, Sept. 26, 2002 through Sunday, Sept. 29. 2002 12:00 p,m. Thursday, Sept. 2S, 2003 through Sunday, Sept. 28,2003 12 p.m, Thursday, Sept. 16, 2004, through Sunday, September 19,2004 13 .~."">- - - - '- ~ " ~ / 0;:---- _ '/)/) ~~ --- ! ~, ~,<"e),'O ~ ~' '/ z. '= ~ '. :: ~ - = '<~ z"__ ',' ~ _::- 3 ~ i ~11~~"r~ ' I ~'ZV Ii ,~ .j\ 'r= o~ r--'\r--, , = ~u. ' "I I _ 1- Ji I I r--- . '-.J , :!'I 4 / "17/ ~ / ;' ! //- / /1- I ' '- --- ---: = ~ --~V\-f0i ~I~==_"~ (' C:::-, I I :1 , ' ,Iii 'Gi lL::== II lL___;J ~ '..A<:A 1 ( 11 I' I I, " _JI i il I '~:!I I , /'~ --'// fr 'II Ii " , , -, f J l J -.J ~r ! I ,"'iZCERAL.J > ~ m - , ;; " ~ A o ~ % o U =ELOO' ..., r ~""Ul I il i i L' ',ii'lll 1rliii ~I! 'I ',"eE II L. i IJ . I l ,.--..11 . ( 'II II, :1 I' 'I Ii: !I ~~ ~, -I,LO A,- y ~ ~I " ~ ,,,1 ,~ I ~I u 'OWER I , -.-! ir , I : I , , ; i ! -"''NY 37 ~: "' ' i! l~CitllOf- .. . r_,. 0 ..._. """"" i1e..-- __ I 1~F'a"'ka'lCll - :;XI1Il?lf C '"",,",".eft '/0/99 'Ii ]~ JJ, ~ 1 . ...... :>tl'Il llY:Il1L KLt.lltKlJ LAW tllOl ; tl-:!J- j; jJ:~J ;1l1L KLl:.tIt.KlJ LAW tIKM~ 8-8803545;# 21 2 EXHIBIT 4 @) U.S. Departmeot of Jumce United Stares Marsbals Service SoIItMm District of Tt\%QS 10017 V,S. CAwtIuMl. ~lSRMoi:A_ P.O. /Jar 616011 Htw.slotl. T_ "201 14., Ij. toOl Ms. SIKJron EmtlrsOll Bayfen 2001 (hllerat CluJimum 11Ie Kleberg Law Firm 800 North Slwnline Boulevard SuiI. 9OO.North TOwtr Corpus Christi, Taas 78401 Dear Ms. Emerson: We nCf!ived 1M Memorandum of Ilgreemenl you sent regardin, Bayfat. OIlr legal colU&Sel has advued us not to sign the agnement but simply I() wrlfl a Itltter outlining our understanding. Be '1m," 1M U.S. Marshals S6tviCtl has no objrnion to the RTA r()UU which rounds the curve in from o/tM Court/r()Jue to drop off/tlstival-gom. It is ()lIT U1Ulermm4i1lg this wiU net "gi" prior to 5:30 p.rn. on FridIly evening. Sept~r 21. 2001, and will md Su.nday evening the _wnd 0/ /IaJ/fSt. l1le /rom-gate scaffr1ldJIIg with rhe spo1lS()red covering will be lDtaUy ereaed on the water -side of ShoniiM Boulevard in a timely fashion. The ,J(;qffoldilll 011 1M Coun/toUStl sUI. will be ,recud Put nor ~rrd Mt" tM d4y 0/ thtl J-mvral. AI me rime the sr.o,ffolding is covered. Corpus Christi Police Departmml will post one uniformed polia oJJIcer tlldiCtllfd to 1M Sm4rity of thI COIIIthouse U1Itil the nuir, from Itzt, sctZJfOf4blg t: dlsmanlkd. Power Street and Slwreliru: Boult:vard ~en Power Street and 1-.37) will be opened at 7..30 a.m. on Friday, Sqt~r 2/,2001. and remIMlI OIW" unlil2 p.rn. AI this tbM. wlAcuJartrqfftc wiU be onkred off-site. except COlIrthDuu tmJJfc which willlH permilted to trtlVt:lfrom Slrcnli1Ul to PflWtr Stria as 7/ndtd. We would also request a fencing plmr to protea the newly plDnted Wds tzt t1l4 OJunllouse from j'mtwzJ-gMl'S_ We appnct~t your anMlitJn t(J (Jur n~_ If'JOlt haW! any qwsttolu, pl6lse conIIJa Criminal lnw:stigator Wanda Pri~tzt (713) 7184.30/, ~ .......-:; ~. -An- Coiitrertll United Statu ManlttM Southem Dutria o/Taos ** TOTQ. PAGE _ 0t ** --1 -------""'T"--- .- -T- ~~__.._..,_,._~~_ w."_,,_ ,_,' _.__',_..~_. .._..__.,_."~..~._,,...,___... .._..._ _.."~__..,,, __. 13 T - . AGENDA MEMORANDUM DATE: August 16, 2001 SUBJECT: City Hall Cooling Towers Repairs - 2001 (Project No. 4242) AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute a construction contract with Malek, Inc, for a total fee not to exceed $43,900 for the City Hall Cooling Towers Repairs - 2001, ISSUE: The existing City Hall cooling towers were part of the original construction of City Hall and to date have only received minor maintenance as necessary. Due to the weakening and deteriorating conditions of the structures, a major overhaul is now necessary to bring the towers up to manufacturing specifications. FUNDING: Funds for this project are available in the FY 2001-2002 Maintenance Service Fund. RECOMMENDATION: Staff recommends approval of the motion as presented. ~~ "6/'2-3/01 fd~'Angel R. Escobar, p, E" ' Director of Engineering Services Additional Support Material: Exhibit "A" Background Information Exhibit "B" Project Budget Exhibit "e" Bid Tab Summary Exhibit "0" Location Map \\ENGlNEERING\DATAI\HOME\L YNDAS\GEN\City HalI\4242 . CooIina Towen\Memonndum.doc .--.T-."-._....--r-~-- r ~'W'_'_"_"_ AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION SUBJECT: City Hall Cooling Towers Repairs - 2001 (Project No. 4242) PRIOR COUNCIL ACTION: 1. Julv 24. 2001 - Approval of the FY 2001 - 2002 Operating Budget (Ordinance No. 024528). PRIOR ADMINISTRATIVE ACTION: 1. Mav 31. 2001 - Small AlE Agreement for engineering services with Turner Engineering in the amount of $4,000.00 for City Hall Cooling Towers Repairs - 2001. FUTURE COUNCIL ACTION: 1. None BACKGROUND INFORMATION: The existing City Hall cooling towers were part of the original construction of City Hall and to date have only received minor maintenance as necessary. Due to the weakening condition of the structures, a major overhaul is now necessary to bring the towers up to manufacturing specifications. The existing cooling towers are deteriorated and could fail if the work is not undertaken. A major malfunction of the cooling towers would negatively impact the operation of City Hall and the citizens who conduct business there. PROJECT DESCRIPTION: This project consists providing upgrades to the existing cooling tower. The upgrades include, but are not limited to providing new plywood decking on the top of the cooling tower, new piping where existing piping has been damaged by rust, replacement of the pneumatically controlled valve actuators at the cooling tower by-pass piping headers, new insecUbird screens, cleaning and other work as specified. BID INFORMATION: This project consists solely of a base bid. The City received proposals from two (2) bidders on August 15, 2001. (See Exhibit C.) The bid range is as follows: Base Bid = $43,900 - $47,000 The Engineer's construction estimate is $35,000. The City's AlE Consultant, Turner Engineers, Inc., and City Staff recommend that based on past satisfactory service a construction contract be awarded in the amount of $43,900 to Malek, Inc. for the City Hall \\EHGINEERING\OATA1\HOME\L YNDAS\GEN\City HaII\4242 . Cooling Towers\BACKGRQUNO.doc I EXHIBIT "A" I Page 1 of 2 . .-.- .."..._........._.,.-..---~T Cooing Towers Repair - 2001. CONTRACT TERMS: The contract specifies that the project will be completed in 90 calendar days, with completion anticipated by year end. FUNDING: Funds for this project are available from the FY 2001 - 2002 Maintenance Service Fund. \\ENGINEERING\DATA1\HOME\L YNOAS\GEN\City HaIl\.4242 - Cooling TOW8fS\8ACKGROUND.doc i EXHIBIT "An ~ Page 2 of 2 .-.. --.----.-- -......- ..~'_._---~ CITY HALL COOLING TOWERS REPARIS (PROJECT NO. 4242) PROJECT BUDGET August 16, 2001 FUNDS AVAILABLE: ESTIMATED BUDGET IFY 2001-02 Maintenance Service Fund 1$ 55,710.00 I FUNDS REQUIRED: Construction Cost (Malek, Inc.) $ 43,900.00 Construction Continaencies 4,390.00 Desian Consultant (Turner Enaineers) 4,000.00 Insoection 1,320.00 Enaineerina Reimbursements 660.00 Administrative Reimbursements 440.00 Incidental Exnenses (Printina, Advertisina, etc.) 1,000.00 TotaL.....,.............................,.,.,........................,....,............,................. $ 55,710.00 EXHIBIT "B" --.- , ...r ..-..--.....",.... .._'~'-'-t"'.. DEPARTMENT OF ENGINEERING -CITY OF CORPUS CHRISTI, TEXAS :D BY: Angel R. Escobar, P.E., Director of Engineering Services SI75=i Time of Completion: 90 days Engineers Estimate: $35,000 No. 4242 Bid consists of providing upgrades to the existing cooling tower. The upgrades include but are not limited to providing new plywood decking on the top of the cooling tower, new piping where existing has been damaged by rust, replacement of the pneumatically controlled valve actuators at the cooling tower by-pass piping headers, new insect/bird screens, cleaning the cooling tower, and all additional work indicated on the drawings. All work shall be provided in accordance with the plans, specifications and contract documents. Malek, Inc. I Weathertrol LS 1 1 $43,9001 1 $47,000 EXHIBIT "Crr Page 1 of 1 File : \Mpro 'ec!\councile"hibi!s\,."h4242.dw VICINITY MAP NOT TO SCAI.E ~ N LEOPART STREE:T ::2: 52 ::2: ~ ::;; V!i CITY HALL COOLING TOWERS EE @@ o o o CITY HALL BUILDING SITE LOCATION NOT TO SCAI.E CITY PROJECT # 4242 EXHIBIT "0" CfTY OF CORPUS CHRlsn, TEXAS CfTY COUNCIL EXHIBIT W. DEPARTliENT OF ENGINEERING SERVICES . PAGE: 1 of 1 _ _ - - - - DATE: 08-16-2001 CITY HALL COOLING TOWERS REPAIRS 2001 _.,-_.. 'T'--"_U' ~'_.,~-- ,.,.,.... -"-""'._'_",,'"".-" 14 . ._. ~ r ,.- AGENDA MEMORANDUM DATE: August 14, 2001 SUBJECT: Water Department Chiller Replacement - Ayers Service Center (Project No. 8377) AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute a construction contract with Weathertrol, Inc. for a total fee not to exceed $103,000 for the Water Department Chiller Replacement - Ayers Service Center. ISSUE: The existing chiller at the Water Department has reached the end of its economic life. Due to the obsolescent conditions of the existing equipment and the extensive construction required to repair the current chiller, a new gas fired chiller, cooling tower, pump and supporting mechanical and electrical equipment will be installed. FUNDING: Funds for this project are available in the FY 2001-2002 Water and Wastewater Departments Operating Budget. RECOMMENDATION: Staff recommends approval of the motion as presented. 1: jc ~/2:?/o1 fP~.Angel R. Escobar, P. E., Director of Engineering Services Additional Support Material: Exhibit "A" Background Information Exhibit "B" Project Budget Exhibit "CO Bid Tab Summary Exhibit "0" Location Map \\ENGINEERlNO\DATA1\HOME\L YNDAS\GEN\WATER\lJ77 - Chiller RepIacemenl\Mernora'Idum.doc AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION SUBJECT: Water Department Chiller Replacement - Ayers Service Center (Project No. 8377) PRIOR COUNCIL ACTION: 1. Julv 24. 2001 - Approval of the FY 2001 - 2002 Operating Budget (Ordinance No. 024528). PRIOR ADMINISTRATIVE ACTION: 1. December 20. 2000 - Small AlE Agreement for engineering services with Horizon Engineering in the amount of $13,800.00 for Water Department Chiller Replacement - Ayers Service Center. FUTURE COUNCIL ACTION: 1. None BACKGROUND INFORMATION: The existing chiller at the Water Department has reached the end of its economic life. Due to the obsolescent conditions of the existing equipment and the extensive construction required to repair the current chiller, a new gas fired chiller, cooling tower, pump and supporting mechanical and electrical equipment will be installed. PROJECT DESCRIPTION: This project consists of the demolition of existing mechanical and electrical equipment and the installation of a new gas fired water chiller, cooling tower, pump, piping, electrical service, underground piping and other preparatory work as indicated in accordance with the plans, specifications and contract documents. BID INFORMATION: This project consists solely of a base bid. The City received proposals from six (6) bidders on August 8, 2001. (See Exhibit C.) The bid range is as follows: Base Bid = $103,000.00 - $143,249.00 The Engineer's construction estimate is $130,000.00. The City's AlE Consultant, Horizon Engineering, and City Staff recommend that based on past satisfactory service a construction contract be awarded in the amount of $130,000.00 to Weathertrol, Inc. for the Water Department Chiller Replacement - Ayers Service Center. \\ENGINEERING\DATA1\HOME\l YNDAS\GEN\WATER\8377 . Chiller Repiacemenl\BACKGROUND.doc I EXHIBIT "AU I Page 1 of 2 . - . . -'1 CONTRACT TERMS: The contract specifies that the project will be completed in 210 calendar days, with completion anticipated in April 2002. FUNDING: Funds for this project are available from the FY 2001 - 2002 Water and Wastewater Departments Operating Budget. \\ENGINEERING\DATA1\HOMBl. VNOAS\GEN\WATER\8377 . Chiller Replacemenl\BACKGROUNO.doc I EXHIBIT "An ~ Page 2 of 2 -i T WATER DEPARTMENT CHILLER REPLACEMENT AYERS SERVICE CENTER PROJECT BUDGET PROJECT NUMBER: 8377 August 14, 2001 FUNDS AVAILABLE: FY 2000-01 Water Maintenance and Operations Budget.............. FY 2000-01 Wastewater Maintenance and Operations Budget......, Total Funds Available: FUNDS REQUIRED: Construction (Weathertrol, Inc.).........,............ .......................... Contingencies..........,... ,..........,...........,................................ Engineering Consultant (Horizon Engineering)............................ Inspection.......................................................................... . Reimbursements............................. ,.................................... Incidental Expense (Printing, Advertising, etc.)..........................., Total Funds Required: . AMOUNT $ 116,000.00 20,600.00 $ 136,600.00 AMOUNT $ 103,000.00 10,300.00 13,800.00 5,000.00 3,000.00 1,500.00 $ 136,600.00 Exhibit "B" Page 1 of 1 TABULATION OF BIDS DEPARTMENT OF ENGINEERING - CITY OF CORPUS CHRISTI, TEXAS f TABULATED BY. "gel R.Escobar, P.S., Director of Engineering Services DATE, Wednesday, August B, 2001 TIME OF COMPLETION, 210 Calendar Days Page 1 of 1 ENGINEER'S ESTIMATEI $130,000 Water Department Chiller Replacement Project No. 8377 Weathertrol, Inc. P.O.Box 4881 C.C., TX 78469-4881 Malek, Inc. P.O.Box 679 C.C., TX 78403 Columbia Contracting Inc. P.O.Box 200709 San Antonio,TX 78220 Victoria Air Cond. Ltd. P.O.Box 3882 Victoria, TX 77903 QTY. UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT DESCRIPTION To furnish all labor and materials, tools, and necessary equipment, and to perform the work required for the project, at the locations set out by the plane and specifications and in strict accordance with the contract documents. TOTAL BASS BID $103,000.00 $117,303.00 $171,198.00 137,185.00 Water Department Chiller Replacement Air -Stream Htg/AC Co.Inc. MillerLMiller Mechanical Project No. 8377 2425 Broadway Contracting Co. San Antonio, TX 78215 P.O.Box 260609 C.C., TX 78426-0609 _ DESCRIPTION To furnish all labor and materials, tools, and necessary equipment, and to perform the work required for the project, at the locations set out by the plans and specifications and in strict accordance with the contract documents. TOTAL BABE BID UNIT I UNIT PRICE I AMOUNT $143,199.00 UNIT PRICE I AMOUNT I UNIT PRICE I ANDUNT $143,249.00 UNIT PRICE EXHIBIT "C" Page 1 of 1 ""r-" -J--- ,- -_. - ~ N CORPUS CHRISTI BAY PROJECT LOCATION 5352 Ayers SACKY DRIVE Il~ t;J W 0:: I- If) WATER DEPARTMENT HYGEIA CIRCLE ' --..---..--------- -- ----==1 ! SACKY! 8J PARK I ':i: jU ja::: ! ; ! ~ I! SOKOL DR. II Ii ! If) 0:: W ~ MUNICPAL- SERVICE CENTER ; ! ~'_.._.._._..""! ; ; ! ; ; ! ; ; ! ! ; ! ; L__________________ HOllY ROAD PROJECT # 8377 EXHIBIT '0' CITY OF CORPUS CHRISTI, TEXAS CITY COUNCIL EXHIBIT ~ DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 08/14/2001 ~ WATER DEPARTMENT CHILLER REPLACEMENT (Ayers Service Ctr.) , . ~ -" 15 -. - -"~"'~-"-""-'-"'--"'._-' CITY COUNCIL AGENDA MEMORANDUM DATE: August 23,2001 AGENDA ITEM: Motion authorizing the City Manager or designee to execute a ten (10) year agreement with Texas State Aquarium to maintain 36 acres of Tract D, Brooklyn Addition, Corpus Christi, Texas and all improvements to the property, including and boardwalks, kiosks, and overlooks; and maintain the Corpus Christi Beach Park Wetlands (North Beach Park Unit 1, Lot 1) and all improvements including the overlooks, boardwalks and kiosks; and use these improvements and property for educational programming, research and ecotourism. ISSUE: The City of Corpus Christi received an $85,000 grant from the Texas General Land Office - Coastal Coordination Council to construct wetland interpretative overlooks on these two sites. As part of the work plan, the City must enter into an agreement with the Texas State Aquarium to establish the maintenance responsibility and ownership of the overlooks and property, and document the use of the property. IMPLEMENTATION SCHEDULE: The City of Corpus Christi must submit the agreement to the Texas General Land Office-Coastal Coordination Council by August 31, 2001. RECOMMENDATION: Staff recommends approval of motion as presented. w,~~ W. Thomas Utter Assistant City Manager -I 1 .,.- ---...-,.--...^..-.. BACKGROUND INFORMATION The Wetlands Interpretive Overlooks on Corpus Christi Beach is a collaborative program between the City of Corpus Christi and the Texas State Aquarium (TSA) that will provide environmental educational opportunities to tourists, students, community members and guests of the TSA, The project includes construction of boardwalks and informational kiosks and two wildlife overlooks, one on 36 acres west of Highway 181 and east of the Rincon Barge Canal and the other on Corpus Christi Beach Park on Timon Boulevard, The newly acquired property and improvements will enhance the TSA's educational outreach programs and will be made available to Texas A&M University-Corpus Christi science classes and the general public. Visitors will have the opportunity to view the rich natural habitat and wildlife in Corpus Christi and learn the importance of preserving our bays, estuaries and wetlands. This project is the result of three funding sources (already received) including $85,000 from a Supplemental Environmental Program mandated by EPA, $85,000 from the Coastal Bend Bays and Estuaries Program, and $85,000 from the Texas General Land Office - Coastal Coordination Council (CCC). (These three funding sources were used to match each other respectively as local match for each other.) As per the work plan with the Coastal Coordination Council, the City of Corpus Christi must enter into an agreement with the Texas State Aquarium that clarifies the responsibilities of each partnering organization, The agreement states that the TSA will maintain 36 acres west of Highway 181 and east of the Rincon Canal and a portion of Corpus Christi Beach Park and maintain the improvements to these two properties including the overlooks, boardwalks and kiosk. The agreement also states that the TSA will use the property for educational outreach, and the City of Corpus Christi will retain ownership of the property and the facilities, ,.,.- ~....~.....-~;~ -. ~ SUMMARY OF AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND TEXAS STATE AQUARIUM The purpose of the agreement between the Texas State Aquarium and the City of Corpus Christi is to establish the ownership, maintenance responsibility, and authorized uses of the Rincon Wetlands and Corpus Christi Beach Park interpretive overlooks, The agreement states that the City of Corpus Christi owns and will retain ownership of the "Rincon Wetlands", located between U.S, Highway 181 and the Rincon Channel and the property known as the "Corpus Christi Beach Park", located on Timon Boulevard. In addition, the contract states that the City owns and will retain ownership of all improvements to the Rincon Wetlands and Corpus Christi Beach Park. The Texas State Aquarium will be responsible for maintaining the Rincon Wetlands and its improvements and a portion of Corpus Christi Beach Park and the improvements located on this portion. Maintenance includes repairing the improvements, as needed; disposing of debris on the property and along the improvements; and the day-to-day upkeep of the property and improvements to assure the property and improvements do not directly or indirectly negatively impact the natural environment. The Texas State Aquarium will use the Rincon Wetlands, Corpus Christi Beach Park, and the improvements at both properties for educational programs and research conducted by the Texas State Aquarium and Texas A&M University-Corpus Christi. The Texas State Aquarium must allow the general public to access to the Rincon Wetlands, Corpus Christi Beach Park, and the improvements at both properties as an ecotourism opportunity to view rich natural habitat and wildlife of the Corpus Christi area. , . . . ~---_. 16 ._.~-..'....... -. ~-" AGENDA MEMORANDUM DATE: August 22, 2001 SUBJECT: Amendment No.1 to the Master Advance Funding Agreement with Texas Department of Transportation AGENDA ITEM: Resolution authorizing the City Manager, or his designee, to approve Amendment No.1 to the Master Agreement Governing Local Transportation Project Advance Funding Agreements with the Texas Department of Transportation. ISSUE: Approval of this Amendment to the Master Advance Funding Agreement is necessary to proceed with future Texas Department of Transportation projects that are funded by federal highway and state funds, FUNDING: An outlay of funds is not required at this time. RECOMMENDATION: Staff recommends approval of the motion as presented. ~ .P:::- <3/23/C I rl~Angel R. Escobar, P.E. Director of Engineering Services Additional SUDDort Material: Exhibit "A" Agenda Background Material Exhibit "B" Amendment to Advance Funding Agreement Exhibit "C" FY 2002 - 2004 Draft TIP Project List OmIha DriWl SlrlW InnmWllTlAnlll Page 1 of1 \\ENGlNEERING\OATA1\HOME\L YNDAS\GEN\STREETS\ADVANCE FUNDING AGREEMENT\AOVANCE FUNDING AGREEMENnMEMORANDUM.OOC 1 1 T ...--.,--...-.. ._-- AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION SUBJECT: Amendment No. 1 to Master Advance Funding Agreement with Texas Department of Transportation PRIOR COUNCIL ACTION: 1. June 19. 2001 - Approval of Master Advance Funding Agreement PRIOR ADMINISTRATIVE ACTION: None FUTURE COUNCIL ACTION: Authorization to execute the local transportation project advance funding agreement for specific local projects as listed on the TIP approved by the Metropolitan Planning Organization. PROJECT DESCRIPTION: A Master Agreement Goveming Local Transportation Project Advance Funding Agreements is required for all Texas Department of Transportation projects using federal funds. This agreement pennits TxDOT to proceed with metropolitan mobility projects inside the city limits. Council approved the Original Master Advance Funding Agreement on June 19, 2001, but it was never executed due to liability concems of joint enterprise. The original agreement between the City and Texas Department of Transportation did not stipulate which entity was solely responsible for activities such as project maintenance and construction responsibilities. This amendment will resolve these liability issues and allow TxDOT to proceed with awarding metropolitan mobility project projects inside the city limits. EXHIBIT "A" Page 1 of 1 \\ENGINEERING\OATA 1\HOME\L YNOAS\GEN\STREETS\AOVANCE FUNDING AGREEMENT\AMENDMENT NO. 1\BACKGRQUND.OOC , 1F' . . DRAFT TRANSPORTATION IJ.'\1PROVEMENT PROGRAl\1 and Financial Plan for Projects with Obligation Authority FY 2002 - FY 2004 Prepared by Corpus Christi Metropolitan Planning Organization in cooperation with City of Corpus Christi City of Portland San Patricio County Nueces County Texas Department of Transportation - Corpus Christi District Corpus Christi Regional Transportation Authority Port of Corpus Christi Authority Public Meeting Dates: Draft approved by the Transportation Policy Comrmttee: December 21,2000 Approved by the Transportation Policy Committee: Amendments Approved by the Transportation Policy Committee: . . ' PREFACE: This Transportation Improvement Program (TIP) is prepared in compliance with the Statewide Planning, Metropolitan Planning Rules jomtly issued by the Federal Highway Administration (FHW A) (23 CFR Part 450) and the Federal Transit Admmistration (ITA) (49 CFR Part 613). This document lists the transportation improvements planned to be carried out m the next three federal fiscal years. This TIP covers three-year period from October 2002 through September 2004, The rules require the MPO, an attainment area, to include all transportation projects which are: 1. Proposed for funding under title 23, U.S.C. (including Federal Lands Highway projects) and the Federal Transit Act, excluding safety projects funded under 23 U.S.C. 402, emergency relief projects (except those involving substantial functional, locational and capacity changes), and planning and research activities (except those funded with NHS, STP, and/or MA funds), 2. The projects that are consistent with the transportation plan. and 3, All regionally significant transportation projects for which FHW A or ITA approval is required whether or nO! the projects are to be funded with ntle 23, U.S.C., or Federal Transit Act funds. The examples of such projects are an addition of an interchange to the Interstate System with state. local, and/or private funds, demonstration projects not funded under title 23, U.S.C., or the Federal Transit Act, etc. The MPOs in non-attainment areas are required to show, for information purposes, all regionally significant projects to be funded with non-federal funds and air quality analysis. The Corpus Christi Metropolitan Planning Organization does not have to comply with this requirement. However, to have comprehensive and multimodal coverage, transportation projects related to the Corpus Christi International Airport and The Port of Corpus Christi are included in the document, for information purposes. Not included in this documents are the Priority II Projects. These projects have tremendous public support but are not ready to be let, therefore, they cannot be included in the TIP. These are the projects on which some work is being done: preliminary engineering, land acquisition. utilities adjustments, or Environmental Impact Statements (EIS). These projects will be advancing to the TIP in a few years, depending upon the progress on the pre-requisites to be let. The document is organized into ten sections which are listed below. 1. Federally Funded Highway Projects 2. Federally Funded Transit Projects 3. Slate-Funded Highway Projects 4. Aviation PrOjects 5. Port Projects 6. Financial Plan 7. Annual Self-Certification , ... 8. Area Map 9. Public Involvement Process 10. ADA Project Locations INTRODUCTION: The formal transportation planning activities in the Corpus Cluisti Metropolitan Area began in 1961. In that year, the Texas Highway Depamnent, Planning Survey Division, the U.S. Department ofCommen:e. Bureau of Public Roads, in cooperanon with the City of Corpus Cluisti initiated a transportation study. This study shows the procedures and the results of the Origin and Destination Survey, the Central Cordon Line Survey, and the Traffic Volume Survey, The study also shows travel characteristics such as trip purpose, trip production, modes of travel, land use influence, and time patterns. This study also includes the travel desired lines for all modes of vehicular and person movements in the Corpus Christi area. In 1962, pursuant to the Federal-Aid Highway Act of 1962, the City of Corpus Cluisti and the Texas Highway Department, in cooperal1on wllh the United States Department of Commerce, Bureau of Public Roads, initiated a long-range comprehenSIve transportation plan. This effort resulted in the form of the Corpus Christi Transportation Plan 1963- I 964. The main objective of this study was to frod an adequate, long term solution for future traffic in relation to comprehensive urban development. The plan included a complete network of streets and highways, which when completed, should provide smooth movement of traffic. The City revised this plan in 1974, 1976, 1979, 1983-84, and 1987, In addition, the City carried out several transportation studies to analyze special needs. Major studies included the Nucces Bay Causeway Study - 1981, and the Extension of the Crosstown Expressway in 1982. In 1989, the City studied the possibility of high speed water transportation in Nueces Bay connecting Corpus Christi and Portland. This proposal, being costly, was not implemented. However, RTA provides a ferry boat link between Corpus Cluisti, Shoreline Boulevard to USS Lexington and the Texas State Aquariwn. Few studies have suggested, at least, another Laguna Madre crossing linking the National Seashores to the Texas State Aquariwn. The basIC objective of such a crossing is to evacuate the people living east of the Laguna Madre at the time of an emergency. In 2000, in compliance with the Transportal1on Equity Act for 2 I" Century (TEA-21), the MPO prepared the FY 2000-2025 Metropolitan Transportation Plan (MTP). The plan addressed all transportation modes and arrived at the prOject listing for transportation implementation for the twenty-year period. This MTP is the basis for project selection for TIPs. PURPOSE: The Transportation EqUIty Act for the 21" Century (TEA-21) requires that the metropolitan transportation planning process mcludes development of a Transportation Improvement Program (TIP). The TIP is a short range tr:lnsportal1on capital improvement plan. This document provides the guide used by federal, state, and local governments to implement transportation projects within the metropolitan planning area. It also idenl1fies how the MPO wtll use federal, state. and local financial resources to implement these projects. To be eligible for any level of federal funding, a project must be in the Metropolitan Transportation Plan and the TIP, TEA-2 I funding for the next three-year period of the TIP is available under l1tle 23. U.S.c., and the Federal Transll Act, excluding safety projects funded under 23 U,S.c. 402. The TIP also mcludes all regionally significant transportation projects for which the FHW A or the ITA approval is reqUired, whether or not the projects are to be funded with title 23, U.S,c., or the Federal Transit Act funds. DEFINITION OF AREA: In 1973, the State Governor designated the Corpus Christi as the Metropolitan Planning Organization to perform transportation for the metropolitan area. The Corpus Christl Transportation Study was originally comprising five signatones: the City of Corpus Christl, the City of Ponland, the County of Nueces, the County of San Patricio and the Texas Department of Transportation, To be fully multi- modal, the MPO included the Regional Transportation Authority and the Port of Corpus Christi Authority in the transportation planning process. The area map shows the physical boundary of the Corpus Christi MPO area. PUBLIC INVOLVEMENT PROCESS: Environmental Justice focuses on measures to prevent or correct disparities in benefits and cost. President Clinton, on February II, 1994 signed the Executive Order12898, "Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations." Complying with the E.O. 12898, the Department of Transportation (DOT) on April 15, 1997 issued Order 5680.2 to address environmental justice in all programs. policies, and activities. The DOT Order specifically addresses environmental justice for minorities (defmed as Black, Hispanic. Asian American, American Indian or Alaskan Native) and low-income population including whites (median household income below the Department of Health and Human SefV1ces poverty guidelines), Pursuant to the National Environmental Policy Act (NEP A), all federally funded transportation planning and decisions must involve an environmental justice assessment process that explicitly considers adverse effects or the potential of adverse effects on these population segments. See Section 9 for public comments collected during the public involvement process. PROJECT SELECTION PROCESS: The following resolution highlights the project selection process: RESOLUTION WHEREAS. the City of Corpus Christi is designated as the Metropolitan Plannmg Organization (MPO) for the Corpus Christi Urbanized Area, with the Corpus Christi Transportation Planning Committee serving as the Policy Committee; and WHEREAS, the Corpus Christi Urbanized Area has a population greater than 200,000 and has, therefore, been designated as a Transportation Management Area ('fMA), in compliance with Section 3012 and 1024 of the Transportation Equity Act for the 21" Century, which are subject to special planning programming requirements regarding congestion management systems, project selection, certification; and WHEREAS, the Transportation Equity Act for the 21" Century (TEA-21) assigns project-level programming responsibilities to MPOs for: (I) sub-allocated Surface Transportation Program (STP) funds in TMA's, (2) Congestion Mitigation and Air Quality (CMAQ) funds in non-attainment areas, and (3) the Federal Transit Administration (ITA) funds in TMAs; and WHEREAS, the Surface Transportation Program Fund may be used for highway or transit projects as well as for transportation related projects; up to 50 percent of National Highway System funds may be transferred to the STP and used for any STP-eligible activity; and Section 5307 transit ] T T formula funds in excess of the operatmg assistance cap and what is needed for ADA (The Americans with Disabilities Act) projects may be shifted to highway projects if approved by the MPO through the metropolitan planning and programming process. . , WHEREAS. the Federal Highway Administration, Surface Transportation Program Apportionment for the Corpus Christi Urbamzed Area for Fiscal Year 2002 is $4,7 millior., WHEREAS, the MPO is cognizant of the value of the U.S. Department of Housing and Urban Development's Empowerment Zone and Enterprise Community (EZlEC) Program for the community revitalization, and agrees to assign priority to the EZlEC Program projects applications subtnitted for this metropolitan area, subject to approval of applications by the designated Federal agencies. NOW, THEREFORE, BE IT HEREBY RESOL YED: In accordance with Section 134(h) (2) of Title 23 U,S.C., as amended, the Corpus Christi Transportation Policy Committee, acting as the policy group for the above-named MPO, hereby approves the following procedures pertaining to project selection during FY 2002 - FY 2004, . The approved Transponation Improvement Program shall be utilized for programming projects within the metropolitan area. . Any projects listed in the first year of the approved Transportation Improvement Program shall be considered in the flrSt priority and may be implemented as soon as plans are completed and funds are appropriated, . Should any project not be implemented from the first priority, then projects should be selected from the second year which shall be considered the second priority, and, those projects may be implemented as plans are completed and funds are appropriated. . This procedure was developed in cooperation with the Texas Depamnent of Transportation, c.c. Regional Transportation Authority and C.C. MFG. and is mutually agreeable, in accordance with TEA-21. Loyd Neal Date Mayor, City of Corpus Christi Chairperson, Transponation Plannmg Comm1l1ee Billy D. Parks, P,E. Date District Engineer, Corpus Christi District Texas Depamnent of Transportation ~ , - . PROGRESS FROM PREVIOUS YEAR: Federallv Funded Street Projects: Compiling information. Federallv Funded Transit Pro;ects: Compiling information. AIR QUALITY ISSUES: The Corpus Christi Metropolitan Area is an attainment area. The state monitors the air quality in accordance with the State Implementation Program. Currently, the MPO does not have any responsibilities regarding the air quality monitoring. The MPO has been participating in the Air Quality Committee activities. The Air Quality Committee meets on a monthly basis, where several government agencies and local industries discuss and plan activities and strategies to maintain air quality to comply with Federal and state regulations. The committee organizes meetings, talks and presentanons that help the stakeholden; understand the new air quality standards and the transinon to the new standards. The committee coordinates the activities, programs, and preventive measures that should be implemented during the ozone action days. The MPO also participated in the Technical Working Group for Mobile Source Emissions. AMERICAN WITH DISABILITIES ACT (ADA): The Regional Transportation Authority (RTA) is in compliance with the American with Disabilities Act (ADA). The City of Corpus Christi is in the process of constructing the handicap ramps to comply with the American with Disabilities Act. , "1" , GLOSSARY CSJ Control Section Job Number - TxDOT assigned number for projects entered into the Project Development Program (PDP) PROJ ID Project Identification - Code assigned by the MPO for local tracking and identification. Used to relate projects to the Metropolitan Transportation Plan. F. CLASS Federal Functional Class - Federal classification of streets and highways into functional operating characteristics. Categories are: Interstate Other Urban Freeways and Expressways Other Principal Arterials Minor Arterials Urban Collectors and Rural Collectors Rural Minor Collectors Urban and Rural Local Streets and Roads FED PROG Federal Funding Category - Major categories of Federal funding as established by the Transportation Equity Act for the 21 R Century (TEA-2I). Categories are: IC 1M NUS STP CMAQ Bridge DSB MA FLHP ITA APPN CAT 1 COST 1 APPN CAT 2 COST 2 APPN CAT 3 COST 3 APPN CAT 4 COST 4 LCL CONTRIB LET Date RVN Date PHASE Interstate Construction Interstate Maintenance National Highway System Surface Transportation Program Congestion Mitigation and Air Quality Funds On/Off System Bridge Rehabilitation Donor State Bonus Funds Minimum Allocation Funds Federal Land Highway Program Federal Transit Administration Funding Different Funds Apportionment Different Funds Apportionment Different Funds Apportionment Different Funds Apportionment Contribution of the sponsoring agency Bid Let Date TxDOT's Revision Date Project Phase for Federal Fundiug, E Preliminary Engineering R Right of Way Acquisition C Construction -" -' FEDERALL Y FUNDED ffiGHW AY PROJECTS . TRA1"1SPORTATION IMPROVEMENT PROGRAM FY 2002 ELEMENT FEDERALLY FUNDED HIGHWAY PROJECTS (Funds in Thousands) CSJ Name or Designation APPN CAT 1 COST 1 FederaJ Project ID District Location (From) APPN CAT 2 COST 2 State LET Date County Location (To) APPN CAT 3 COST 3 Local RVN nate City Description of work APPN CAT ~ COST ~ LCL CONTRIB Phase Comments Fundine Cat~orv Total 0617-02-046 Parle Road 22 (1FK Causeway) Congressional SI9.313.0 S29,600,O S054CO 194 Corpus Christi O'Connell St on Mainland 4C Reg+SpeclaJ SI3.687.0 S7,440.0 01/9 N ueces Aquanus St on Padre Island Hurricane Eva. S4OOO.0 SO.O Corpus Christi Construct 2-12' Lanes wnh 10' Wide SO,O S8000.0 092001 Shoulders Multiple Federal Funds S~5,OOO,O C 0916-35-074 Bridge on Bear Ln. pass Heinsohn Rd. Btidge off System S300.0 S270,O SI55COIOO Corpus Christl STR I (BOOI55001)@ Dramage Ditch to SO,O S30,O 00/01 N ueces Approx, I Mi. W ofSH 358 SO,O SO.O Corpus Christl Replace Bndge and Approaches S 0.0 SO.O 092001 6B Bndge Off System S300,O C 0916-35-983 Com Products Road Metro. Mobility S592.0 S473.6 S021COl97 COfl)US Christi IH37 SO,O SO.O 02'06 Nueces Up River Road SO.O Slt8.4 09/99 Corpus Chrisn Construct 4 Lane with CL TL SO,O SO.O 092001 Moved from Prionty 2 list 4C Metropolitan Mobility S 592.0 C 0617-01-158 SH 358 3CNHS S400.0 S3Z0.0 S087C0999 Corpus Christi 1H37/SH358 Interchange SO.O S80.0 02'02 Nueces 0,3 Miles Nonh of Bates Onve SO.O SO.O Corpus Christi Sign Replacement SO.O SO.O 092001 3C NHS Rehabilitation S4OO,O C 0074-06-193 IH-37 Interstate Maint. S950.0 S760,O S053CI299 Corpus Christl Waco Street SO.O SO,O 02'03 N ueces UP/SP Nonh of Com ProduclS Rd. SO.O SI90,O 09/99 Corpus Christi Overhead Sign Replacement SO.O SO.O 092001 Category 2 Interstate Maim. S950,O C 0989-02-037 FM 624 4A Safety S286,O S257.4 S037C0599 Corpus Christl 2.63 Miles West of FM 1889 SO.O S28.6 02'05 Nueces 0.68 Miles West of FM 666 SO.O SO.O Corpus Christi Safety Treat Drainage Structures SO.O SO,O 092001 4A Safety S286,O C 0326-03-087 SH 286 (Crosstown Expressway) 3D NHS S 1.800.0 51.440.0 S089CI899 Corpus Christi 1H 37 SO.O S360,O 02'09 Nueces SH 358 (SPIDl SO.O SO.O Corpus Christi [nstall Freeway Management System SO,O SO,O 092001 3D Traffic "-1anaQement S 1.800,0 C Phase: C= Construction. E= Preliminary Engmeenng, ROW= Right at" Way, T= Transfer . l' T TRANSPORTATION IMPROVEMENT PROGRAM FY 2002 ELEMENT FEDERALLY FUNDED HIGHWAY PROJECTS (Funds in Thousands) CSJ Name or Designation APPN CAT 1 COST 1 Fed.ral Project ID District Location (From) APPN CAT 2 COST 2 State LET Dat. County Location (To) APPN CAT 3 COST 3 Local RVN Dat. City Description of work APPN CAT 4 COST 4 LCL CONTRlB Pbase Comments FUDdine Cat~orv Total 0916-35-072 ADA Accessibility Metro. Mobility 51.100,0 5880,0 SI25C0297 CO'1'us Christi See Appendix' A' for Locanons SO.O SO.O Nueces N/A SO.O S220.0 11/99 CO'1'US Christi ConstrUction of Handica;> Ramps SO,O SO.O 092001 Moved from FY 2001 4C M.tropolitan Mobility SI,100.0 C CO'1'us Chrisn N ucces CO'1'US Christi CO'1'us Christi Nueces CO'1'US Christi Co'1'us Christi Nueces CO'1'US Christi Co'1'US Chrisn Nueces Corpus Christl CO'1'US Christi Nueces Co'1'US Christl Corpus Christl Nueccs Corpus Christi Ph....' C= Constnlction. E= Pr.liminary Engmeenng. ROW= Right of Way, T= Transfer . . . TRANSPORTATION IMPROVEMENT PROGRAM FY 2003 ELEMENT FEDERALLY FUNDED mGHW A Y PROJECTS (Funds in Thousands) CSJ Name or DesignatioD. APPN CAT 1 COST 1 Federal Projo<t ID DIstrict Location (Froml APPN CAT Z COST Z Slate LET Date County Location (To) APPN CAT 3 COST 3 Local RVI'f Date City Description of work APPN CAT 4 COST 4 LCL CONTRIB - Comments Fundlne Cateeorv Tolal 0326-03-084 SH 286 Bridge on System SI25,O Sloo.O S089C1999 Corpus Christi 0.131 Mile North of CulbertSon off Ramp SO.O S25.0 OWl N ueces 0,131 Mile South of CulbertSon off Ramp SO.O SO.O Corpus Christi Rehabilitate Bridge and Approaches SO.O SO.O 092001 6A Bridge On System S 125.0 C 0916-00-045 VariOllS Locations QT8 S34O.0 S170.0 S916COlOO Corpus Christi Locations in Corpus Christi SO.O S170.0 03101 Nueces SO.O SO,O Corpus Christi Integrate Exisnng Commumcanons Network SO.O SO.O 092001 15 Fed Demo Projects S340.0 C 0916-00-046 Various Locations QT8 S2,359.2 SI,179.6 S916C0200 Corpus Christi Locations in Corpus Christi SO.O SI,179.6 03108 Nueces SO.O SO.O Corpus Christi Corpus Christi Traffic Operations Center to Emer. SO.O SO.O 092001 15 Fed Demo ProjectS S2,359.2 C 0916-00-047 Various Locations QT8 St,084.6 S542.3 S916C0300 Corpus Christi Locations in Corpus Christi SO.O S542.3 CWlI6 Nueccs SO.O SO.O Corpus Chris. lntegrate Existing Cormnunicarions Network SO.O SO.O 092001 15 Fed Demo ProjectS SI,084.6 C 0916-35.968 County Road Bridge off System S155.0 S134.9 S!I6llCOIOO Corpus Christi STR (AA0338002) CR 30 @ West Oso Creek SO.O S20.1 03101 N ueces Approx. 1.1 Mile East of CR 339 SO.O SO.O Corpus Christi Replace Bridge & Approaches S 0.0 SO.O 09200\ 6B Bndge Off System S\55.0 C 0617-01-149 SH 358 (SPIO) 3D NHS SI.5oo.0 S 1,200,0 S087CI099 Corpus Christi Airline Road SO,O S300,O 02109 Nueces Greenwood Drive SO.O SO.O r1J/97 Corpus Chtisti Install Surveillance System for 0 & V SO.O SO.O 092001 Under consideration for 1998. 3D Traffic Management S 1.500.0 C Corpus Christi Nueces Camus Christi Phase: C= ConstruclIon. E= Prelimmary Engineenng, ROW= Right of Way, T~ Transfer l' T . TRANSPORTATION IMPROVEMENT PROGRAM FY 2004 ELEMENT FEDERALLY FUNDED IDGHW A Y PROJECTS (Funds in Thousands) CSJ Name or Designation APPN CAT 1 COST 1 Federal Project ID District Location (From) APPN CAT 2 COST 2 State LET Date County Location (To) APPN CAT 3 COST 3 Local RVN Date City Description of work APPN CAT 4 COST 4 LCL CONTRIB Pbase Comments Fundine Cate1!'orv Total 007~6-197 IH 37 [nterstate Maint. 51,322.9 SI,190.6 S053C1900 Corpus Christi Mesquite Street SO.O Sl32.3 03/11 Nueces SH 358 (SPlD) SO.O SO.O Corpus Christi Overlay (Novachip) SO,O SO.O 092001 Category 2 Interstate MainL SI,322.9 C Corpus Christi Nueces Nueces County Corpus Christi Nueces Corpus Christi Corpus Christi Nueces Corpus Christi Phase: C= Construction. E- Preliminary Englneenng, ROW= Right of Way. T= Transfer . ., - FEDERALLY FUNDED TRANSIT PROJECTS --'. - 1 T TRANSPORTATION IMPROVEMENT PROGRAM FY 2002 ELEMENT FEDERALLY FUNDED TRANSIT PROJECTS (Funds in Thousands) District Project Name Project Funding Federal CommenlS COUDty Project Description Number Source State City Local Prolect Snonsor Total Corpus Christi Vehicle Expansion FT A 5307 5547.8 Nueces New Equipment 2-35' Buses 50.0 Corpus Christi 5112.2 RTA 5660.0 Corpus Christi Vehicle Replacement FT A 5307 53,560,7 Nueces New Equipment 13-35' Buses 50.0 Corpus Christi 5729,3 RTA 54,290.0 Corpus Christi Vehicle Replacement FT A 5307 523.2 Nueces New Equipment 2 Relief Vehicles 50.0 Corpus Christi 55.8 RTA 529.0 Corpus Christi Vehicle Replacement FT A 5307 556.0 Nueces New Equipment 2 Service Vehicles 50.0 Corpus Christi 514,0 RTA 570.0 Corpus Christi Facilities FTA 5307 540.0 Nueces New Consauction - ExpansIon & 50.0 Corpus Christi Remodeling Paratransit Facility 510.0 RTA 550.0 Corpus Chrisn FacIlity Rehabilitation FTA 5307 528.0 N ueces Roof Repm! & P:rinnng P3I1lIl'lIllS1t Facility 50,0 Corpus Chrisn 57,0 RTA 535.0 Corpus Christi Equipment FT A 5307 560.0 Nueces New Computer Equipment 50.0 Corpus Christi 515,0 RTA 575,0 Corpus Christi Equipment FT A 5307 580.0 Nueces New lntcl1igent TransportatioD System & 50.0 Corpus Chrisn Kiosks 520.0 RTA 5100.0 Phase: C= Construction. E= Preliminary Enginemng, ROW= Right of Way, T= Transfer , Y' , TRANSPORT A nON IMPROVEMENT PROGRA1\1 FY 2002 ELEMENT FEDERALLY FUNDED TRANSIT PROJECTS (Funds in Thousands) Dislliet Project Name Project FUDdiDg FedenJ Commcala County Project DescriptioD Number Source State City Locai Total Proiect SooDsor Corpus Christi Equipment ITA 5307 580.0 Nueces Replace Shop EqUIpment 50,0 Corpus Christi 520,0 RTA 5100.0 Corpus Christi Equipment ITA 5307 59,6 Nueces Fluid Storage Tank 50,0 Corpus Christi 52.4 RTA 512,0 Corpus ChristI Equipment ITA 5307 596.0 N ueees New Shop Equipmen, 50,0 Corpus Christi 524.0 RTA 5120,0 Corpus Christi Furniture ITA 5307 5120.0 Nueces Replace FurnIture 50,0 Corpus Christi 530,0 RTA 5150.0 Corpus Christi Facilities ITA 5307 5280,0 Nueces New Construenon - Bus Stop 50.0 Corpus Christi Improvements 570.0 RTA 5350,0 Corpus Christi Preventive Maintenance ITA 5307 51,768.0 Nueces Vehicle & Facility Prcvennve Maintenance 50.0 Corpus Christi 5442,0 RTA 52,210.0 Corpus Chrisn Equipment ITA 5307 58,0 Nueces Replace Air Conditioners 50,0 Corpus Christi 52.0 RTA 510.0 Corpus Chrisn Facilities ITA 5309 51,000,0 Nueces Renovate Bear Lane Facility 50.0 Corpus Christi 5250.0 RTA 51.250.0 Phase: C"" ConstrUctIon. E= Prelimmary Engmeenng. ROW= Right of Way, T= Transfer TRANSPORTATION IMPROVEMENT PROGRAM FY 2003 ELEMENT FEDERALLY FUNDED TRANSIT PROJECTS (Funds in Thousands) District Project Name Project Funding Federal Commeuts County Project Description Number Source State Ctty Local Protect Snonsor Total Carpus Christi V chicle Expansion ITA 5307 5664.0 Nueces New Equipment 2-40' Buses 50,0 Corpus Christi 5136.0 RTA 5800,0 Corpus Christi V chicle Replacement ITA 5307 52.324.0 Nueces New Equipment 7-40' Buses 50.0 Corpus Christi 5476,0 RTA 5Z.800,O Corpus Christi Vehicle Replacement ITA 5307 5352.7 Nueces New Equipment 5 Panuransit Vans 50,0 Corpus Christi 572.2 RTA 5425,0 Corpus Christi V chicle Replacement ITA 5307 51.328,0 Nueces New Equipment 4-40' Buses 50,0 Corpus Christi 5272.0 RTA 51.600,0 Corpus Christi Vehicle Replacement ITA 5307 5539,5 Nueccs New Equipment 2 Trolleys 50,0 Corpus Christi 5110,5 RTA 5650.0 Corpus Christi V chicle Replacement ITA 5307 5Z39.2 Nueces New Equipment 10 Sedans 50.0 Corpus Christi 559.8 RTA 5299.0 Corpus Christi Vehicle Replacement ITA 5307 522.4 Nueces New Equipment I Pickup Truck 50.0 Corpus Christi 55.6 RTA 528.0 Corpus Christi V chicle Replacement ITA 5307 5Z3.2 Nueces New Equipment 2 Relief Vehicles 50.0 Corpus Christi 55.8 RTA 529,0 Phase: C= Construction. E= Preliminary Engineenng, ROW= Right of Way, T= Transfer TRANSPORTATION IMPROVEMENT PROGRAM FY 2003 ELEMENT FEDERALLY FUNDED TRANSIT PROJECTS (Funds in Thousands) Dlstncr Project Name ProJe.t Funding Federal Comments County Project Description Number Source State City LoC2.l Total Proiect Snonsor Corpus Christi V chicle Replacement FT A 5307 556.0 Nueces New Equipment 2 Service Vehicles 50.0 Corpus Christi 514.0 RTA 570,0 Corpus Christi Vehi.le Replacement FT A 5307 526.4 Nueces New Equipment Forklift 50.0 Corpus Chrisn 56,6 RTA 533.0 Corpus Christi Equipment FT A 5307 548.5 Nueccs New Computer Equipment 50.0 Corpus Christi 512.1 RTA 560,7 Corpus Christi Equipment FTA 5307 524,0 Nueces New Intelligent Transponanon System & 50.0 Corpus Christi Kiosks 56.0 RTA 530.0 Corpus Christi Equipment FT A 5307 545,2 Nueces Replace Shop and BUIlding Equipment 50.0 Corpus Christi 51 \.3 RTA 556.6 Corpus Chrisn Facilities FT A 5307 5296,8 N ueces New Facilities - Bus Stop Improvements & 50.0 Corpus Chrisn renovanon 574.2 RTA 5371.0 Corpus ChriStl Preventive Maintenance FT A 5307 51...17.0 Nueces Vehicle & Facility Preventive Maintenance 50.0 Carpus Christi 5354.2 RTA 51.771.2 Corpus Chrisn Facilities FT A 5309 51,200,0 Nueces Park & Ride Lot 50,0 Corpus Christi 5300.0 RTA 51.500.0 Phase: C= Consttllction. E= Preliminary Engmeering, ROW= Right of Way, T= Transfer 1 T TRANSPORTATION IMPROVEMENT PROGRAM FY 2003 ELEMENT FEDERALLY FUNDED TRANSIT PROJECTS (Funds in Thousands) District Project Name Project Funding Federal Comments COUDty Project Description Number Source State City Local Total Proiect Snonsor Corpus Christi Facilities ITA 5309 St,OOO.O Nueces Renovate Bear Lane Facility 50,0 Corpus Christi 5250,0 RTA 51,250.0 Corpus Christi Nueces Corpus Christi Corpus Christi Nueces Corpus Christi Corpus Christi Nueces Corpus Christi Corpus Christi Nueces Corpus Christi Corpus Christi Nueces COf?us Christi Corpus Christi Nueccs Corpus Christi Corpus Christi Nueees Comus Christi Phase: C= ConstrUenon, E= Preliminary Engineenng, ROW= Right of Way, T~ Transfer ..' , TRANSPORTATION IMPROVEMENT PROGRAM FY 2004' ELEMENT FEDERALLY FUNDED TRANSIT PROJECTS (Funds in Thousands) District Prolect Name Project Funding Fedcral Comments I County Project Description Number Source State City Local Prolect Sooosor Total , , Corpus Christi Vehicle Expansion ITA 5307 5871.5 Nueces New Equipment 3 Trnlleys 50,0 Corpus Christi 5178.5 RTA SI.050,O Corpus Christi Vehicle Replacement ITA 5307 S2..324,O I Nueces New Equipment 7-35' Buses SO.O Corpus Christi S476.0 RTA 52.800,0 Corpus Christi Vehicle Replacement ITA 5307 SI41.1 Nueces New Equipment 2 Pararranslt Vans 50.0 Corpus Christi 528.9 RTA S170.0 Corpus Christi Vehicle Replacement ITA 5307 SI,3Z8.0 Nueces New Equipment 4-40' Buses SO,O Corpus Christi S272.0 RTA 51,600,0 Corpus Christi Vehicle Replacement ITA 5307 SI,394.4 Nueccs New Equipment 20 ParatnUlSit Vans SO.O Corpus Christi S285.6 RTA 51.680.0 Corpus Christi Vehicle Replacement ITA 5307 S104.8 Nueces New Equipment 3 Supcmsor Vans 50,0 Corpus Christi 5Z6.2 RTA 5131.0 Corpus Christi Vehicle Replacement ITA 5307 560.0 Nueces New Equipment 2 Service Vehicles 50.0 Corpus Christi 515,0 RTA 575,0 Corpus Christl Vehicle Replacement ITA 5307 $28.0 Nucces New Equipment Parts Truck 50.0 Corpus Christi 57.0 RTA 535.0 Phase: C= Construction. E= Preliminary Engineenng, ROW= Right of Way, T= Transfer ~ r T TRANSPORTATION IMPROVEMENT PROGRAM FY 2004 ELEMENT FEDERALLY FUNDED TRANSIT PROJECTS (Funds in Thousands) District Pnlject Name PnlJect Funding Fedenl Commeuts County Project Description Number Source Slllte City Local Pnliect Snon5or Total Corpus Christi Equipment FT A 5307 5191.2 Nueces New Computer Equipment 50,0 Corpus Christi 547.8 RTA 5239,0 Corpus Christi Equipment FT A 5307 524,0 Nueccs New Intelligent Transponanon System & 50.0 Corpus Christi Kiosks 56.0 RTA 530,0 Corpus Christi Equipment FTA 5307 5107.2 Nueces New Radio EqUIpment 50,0 Corpus Christi 526,8 RTA 5134,0 Cotpus Christi Equipment FTA 5307 5104,3 Nueces Replace Shop and Building EqUIpment 50.0 Corpus Christi 526.0 RTA 5130,4 Cotpus Christi Furniture FT A 5307 58.6 Nueces New Furniture for Facilities 50,0 Corpus Christi 52.1 RTA S10.8 Corpus Christi Facilities FTA 5307 5340,8 Nueces New Equipment. Bus SlOp improvements 50.0 Corpus Christi Renovanons 585,2 RTA 5426.0 Corpus Christi Factlities FT A 5309 51000.0 Nueces Renovate Bear Lane Facility 50.0 Corpus Christi 5250.0 RTA 51.250.0 Corpus Christi Nueces Corpus Christi Phase: C= Construction. E= Prehmmary Engmeenng. ROW= Right of Way, T= Transier -, - STATE FUNDED IDGHW A Y PROJECTS TRANSPORTATION IMPROVEMENT PROGRAM CSJ Name or DesignatioD APPN CAT 1 COST 1 FedeMll Project ID District Location (From) APPN CAT 2 COST 2 State LET Date County Location (To) APPN CAT 3 COST 3 Local RVN Date City Description of work APPN CAT 4 COST 4 LCL CONTRIB Phase Comments Fundinl! Cate20rv Total 3364-01-010 FM 3386 Farm [0 Market S821.0 SO.O S032C0294 Co'1'US Chrisn End FM 3386, Approx. 2.6 Mi. S ofIH 37 SO.O S821.0 02108 Nueces Haven Drive SO.O SO.O 09/99 Co'1'US Christi improve FM Road SO.O SO.O 092001 88 FM New Const S821.0 C 0373-01-037 US 77 StrategIc Priority S9,500.0 S6,Ooo.0 S 1 06C0299 Co'1'US Christi UP RR Overpass 4C On System S6,ooO.0 S9,500.0 02104 Nueces FM 624 SO.O SO.O CO'1'us Chrisn ConstrUct 4-Ln. Freeway wuh Frontage Rd. SO.O S15.500,O 092001 New Addition 12 StrategIc Priority C 1742-01-018 FM 1694 State Discretionary S542.0 SO.O SO BCO 199 Co'1'US Chrisri IH37 SO.O S542.0 01111 Nueces CR44 SO.O SO.O CO'1'US Chrisri Rehabilitate Roadway SO.O SO.O O9ZOO1 New Addition 11 State Discretionary S542.0 C 0989-02.025 FM 624 Farm to Market S8,700,O SO.O S037CO 194 Co'1'us Chrisn 2.63 Miles WestofFM 1889 SO.O 58,700.0 02105 Nueces 0.68 Miles West ofFM 666 SO,O SO,O Co'1'us Christi Add 2 lanes with ConllDuous Left Turn Ln, SO.O SO.O 09200 1 New Addition 88 FM New Canst 58.700.0 C FY 200:z. ELEMENT ST ATE FUNDED HIGHWAY PROJECTS (Funds in Thousands) Phase: C"'" Construction, E= Preliminary Engineenng, ROW= Right of \Vay, T= Transfer - TRANSPORTATION IMPROVEMENT PROGRAM FY 2003 ELEMENT STATE FUNDED ffiGHW AY PROJECTS (Funds in Thousands) CSJ Name or Designation APPN CAT 1 COST 1 Federal Project m District Location (From) APPN CAT: COST: S_ LET IbIe County Location (To) APPNCAT3 COST3 Local RVN_ City Description of work APPN CAT 4 COST 4 LCL CONTRIB Pbase Comments Fundlne CatOllorv Total Corpus Christi Nueces Corpus Christi Corpus Christi Nueces Corpus Christi Corpus Christi San PatricIa Portland Corpus Christi Nueces Corpus Christi Corpus Christi Nuec:cs Corpus Christi Corpus Christi Nueccs Corpus Christi Corpus Christi - Nueces Corpus Chrisn Phase: C= ConstrUction, E= Prelimmary Engmeenng, ROW= Right or Way, T= Transfer . TRANSPORTATION IMPROVEMENT PROGRAM FY 2004 ELEMENT STATE FUNDED mGHWAY PROJECTS (Funds in Thousands) CSJ Name or DesignatioD APPN CAT 1 COST 1 Federal Project ID District LocaIiOD (From) APPN CAT 2 COST 2 State LET Date COUDty LocatloD (To) APPN CAT 3 COST 3 Local RVN Date City DescriptlOD of work APPN CAT 4 COST 4 LCL CONTRIB Pbase Comments FUDdiD'! Catee:orv Total Corpus Christi Nueces Corpus Christi Corpus Christi Nueccs Corpus Christi Corpus Christi Nucces Corpus Christi Corpus Christi Nueccs Corpus Christi phase: C= Construction. E= Preliminary Engineering, ROW= Right of Way. T= Transfer T' II AVIATION PROJECTS TRANSPORTATION IMPROVEMENT PROGRAM FY 2002 ELEMENT AVIATION PROJECTS (Funds in Thousands) District Project Project Funding Federal Comments County Number Source State City Description of Work Local Total Corpus Christi Airpon Project A V.96006C FAA S801.0 GrantIF AA Nueces Airfield Drainage Improvements.Phase 3. SO.O PFC Corpus Christi Midfield Dtainage Area S89,O S89O.0 Corpus Christi Airpon Project AV.96011B FAA S98.7 PFC Nueces Landsidc Roadway System- Pinson Drive SO,O Corpus Christi S10.9 S109,6 Corpus Christi Airpon Project AV.96011C FAA S33,7 PFC Nueces Landside Roadway System-Nonh Access SO.O Corpus Christi (Cliche) Road S3.7 $37.5 Corpus Christi Airpon Project A V.97002 FAA S72.0 PFC Nueces Runway 13.31 Extension Environmental SO,O Corpus Christi Assessment S8.0 S8O.0 Corpus Christi Airpon Project A V,97001 FAA S189.0 GrantlFAA Nueccs Land Acquisition Environmental SO.O Capital Revenue Corpus Christi Assessment S21.0 S2tO.0 . - - TRANSPORTATION IMPROVEMENT PROGRAM FY 2003 ELEMENT AVIATION PROJECTS (Funds in Thousands) District Project Project Funding Federal Comments County Number Source State City Local Description of Work Total CO'l'US Christi Airport Project A V.96002 FAA 51,618.5 GrantlFAA Nueces Land Acquisition 50.0 Land Acquisition Raaw: CO'l'us Christi 5180.5 51.799.0 CO'l'US Christi Airport project A V.9601lB FAA $1,361.7 PFC Nueccs Landside Roadway System (Pinson Drive) 50.0 CO'l'US Christ 5151.2 51,512.9 CO'l'US Christi Airport Project AV.96011C FAA 5437.4 PFC Nueces Landside Roadway System-North Access 50,0 CO'l'US Christi (Cliche) Road 548,5 5485,9 CO'l'US Christi Airport Project AV.9900IB FAA $1,192.5 GrantIFAA Nueces Phase 4, SWI A Tcr Drainage Area 50.0 CO'l'us Christ 5132.5 PFC 51.325.0 CO'l'us Christi Airport Project A V.96007B FAA 5225,0 GrantIF AA Nueces ARFF Apron Improvements 50.0 CO'l'US Christ 525.0 PFC 5250.0 CO'l'US Christi Airport Project A V.96006B FAA 5225.0 GrantIF AA Nueccs Airfield Drainage IlPJlrovements-Phase 2 50.0 CO'l'US Christ West GA Apron Repairs & Drainage 525.0 PFC 5250,0 Capital Reserves - TRAl"lSPORTATION IMPROVEMENT PROGRAM FY 2004 ELEMENT AVIATION PROJECTS (Funding in Thousands) District Project Project Funding Federal Cnmments COWlty Number Source Slate City Local Protect Snonsor Total CO'l'US Christi Airpon Project A V.96002 FAA 51,650.0 GrantlFAA Nueccs Land AcqUisition 50.0 Future PFC CO'l'US Christi 5185,0 Land Acquisition Reserve 51,835.0 CO'l'US Christi AiIpon project A V.00003 FAA 51,350.0 Grant FAA Nueccs Airfield Drainage Improvements-Phase 5 50.0 CO'l'US Christ SouthwestlLine C 5150.0 PFC 51.500.0 . , II PORT PROJECTS . TRANSPORTATION IMPROVEMENT PROGRAM FY 2002'ELEMENT PORT AUTHORITY PROJECTS (Funds in Thousaods) CSJ Name or DesignatioD APPN CAT 1 COST 1 Federal Project m District Location (From) APPN CAT Z COST 2 State LET Date County Location (To) APPN CAT 3 COST 3 Local RVNDIIte City Description of work APPN CAT 4 COST 4 LCL CONTRIB PIuIIe Comments Fundlne Caleeorv Total Corpus Christi Nueces Corpus Christi Phase: C= ConstructIon. E"'" Preliminary Engincenng, ROW= Right of Way, T= Transfer . - . TRANSPORTATION IMPROVEMENT PROGRAM FY 200'3- ELEMENT PORT AUTHORITY PROJECTS (Funds in Thousands) CSJ Name or DesignatioD APPN CAT 1 COST 1 Federal Project 1D District Location (From) APPN CAT 2 COST 2 State LET Dale County Location (To) APPN CAT 3 COST 3 Local RVN Dale City Description of work APPN CAT 4 COST 4 LCL CONTRIB Phaa Comments" Fundin~ Cat01!orv Total Corpus Christi Nueces Corpus Christi Phase: C~ ConstrUcnon. E~ Prclimmary Enginecnng, ROW~ RighI of Way, T= Transfer TRANSPORTATION IMPROVEMENT PROGRAM FY 2004 ELEMENT PORT AUTHORITY PROJECTS (FuDds in Thousands) CSJ Name or DesigDJItion APPN CATl COSTl Federal l'rolect m District Location (From) APPNCAT2 COST2 State LET Date County Loeatlon (To) APPN CAT 3 COST 3 Local RVN Date City Description of work APPN CAT 4 COST 4 LCL CONTRIB P..... Comments Fundin2 Catoeorv Total Corpus Christi Nueces Corpus Christi Phase: C:::: Construction. E= Preliminary Engineering. ROW= Right of Way, T:::: Transfer . " II FINANCIAL PLAN .. - 23-QCI-iJO FY 2002 - FY 2004 TIP FINANCIAL SUMMMARY CORPUS CHRISTI MPO (FuadJ io ThoUl&Ddl) ""'DllKi "'.. "'.. "'.. I"''' N" N" ""AI. ""AI. SOUkC! CATEooaYO' WORK .".,. "DO APPOIl "000 ....... PllODll ^""" PllODll .- I.~- ,., ,.. ,.. .. ,.. .. .. .. PIlW A 1.r....~ ..., ..., ., .. 1.Jn.9 '~%1J zm.o zm.o lA.NHSMobilit'l' " ,. ., " ., .. ., ,. 3"T_TNIlIlS~ " ,., ,., " ., .. ., ., 3C- NHS .....1'__ ""'. ""'. " ,., ., ,., ""'. ""', l~ NHS 1"l'atIk "'......... S,-- \.100.0 1,100.0 I.Soo.O Uoo.O " ., ,~"'" ,,"'" 3!-HHS M-.u- ,., .. " ,., ., " " .. ......... ,.... :ao " " " ., ,.... :ao ...- " ., .. ,., .. .. .. ., <- M........ MobilitY ~ UlU 2l.J79.0 20.105.0 " 6.076.0 lU9U J1.016.I )4,31U .o-um-WaIIilint ,., " ,.. ,., .. " ,. " .......WaIIUitJ " " " ,., ., " " .. 4P-STP............. ,., ., .. ,.. " ., .. .. ~ UOnlAII s....- .. .. " ., .. .. ., ., J-c.....-M~...AilQaaliIJ ,., " ., " " " ., .. 6A-8ridpl_S~ " .. IlS.O 11$.0 ., .. "" "'~ ,........ftdS~ 100-0 ''''' \55.0 \SS.O " ., "" .n.. 1:l_c-S_i'I"iam' ,., ,., "I ,., ,.. ,. " " 1".- -i"raj.o 19.]1].0 l'UIJ.O UIl..i 1.m.a " " 2J,0P6.1 23.OM.I P......Lud.~~ " ., ,., " ., " " ., TOTAl. ,.." i6.....,. f... 19,UU ......1LO lS.06U t56U ,~.... [".JILl ........ 64.l1U s_ 7-s..rn-."'-- .. ., .. " .. .. .. 0.0 >DOT IA-FM..........,~ " .. " " .. " 0.0 0.0 ....rN~~ 9.511.0 9.521.0 " .. " .. 9,521.0 '.111.0 .. sc. hrlt Ralt ,., .. .. .. " " 0.0 0.0 I"" 1'Idk~ o.n. " ,.. " " " " " 0.0 lOB- T!UlkM~S"-"lUII& " .. .. ,., 0.0 " " 0.0 II.S_~f'" 541.0 "... " .. " .. ..... ,... 1:z.~.s_IOO'l'S-f... 9.5011.0 9.soo..0 ,. ., " " ,.-. ...... I3A-S_MabUitJ ,., .. .. " .. .. " .. U..Hwn-i........~ '.000.0 4,OCIO.O " ., " " ..... ...... IJCoNAlTAD'-- ,., .. ,.. " .. ,.. " " l]o-Urtr.S_~ ,., ,., " " " " " ,., '..5....'.......'0- " ,., .. ,., ,., ,., ,., .. I~MiIa:l~IS_F...w~1 " ,.. " ,., " " ,. ,., 17.~AnaalS_SYlUftI'ASSI ,., ,., " ,., " ,., ,., ,., ao-w. A_ ,., ,., " ,., ,.. " " ,., TOTAl. 5_......,1'... U.56l.0 "....~ ,. .. .. .. w.., ,,~u.o " ~S.66L' I .. 5.S6U " 7,391.. .. \4,31'" " aUls" " 11.m.6 0.0 '.......S_Hi~F.....Tcal "....... Local C___ Sl.Ul.' ,.. 67.991.0 ......" c,~ (.(IOIl.O ~.0lIQ.0 ,. .. " .. .,.... ...... .- "- ..... ".000.0 .. " .. ,.. ~.1llllL0 ..... "- QdIIIlP'llftofCOllNlOlNliI " .. .. ., .. .. 0.0 ., .- s..-SlOPIS......t1 1.000.0 ,..... :.100.0 UOlL. l.oaa.O 1.000.0 ...... '..... PYA s.-. jlO1 IS-ill 6.lJ1.' 6.'f7.J 7.4011..' ..4011.., "'.on.' ~.021.' 21.1'1.1 !1.Ift.l ~SlI0rSeaical'l 6t.1 ,.. ~4.1 ,., 56.1 ,., ItU ., S_iJIIISeea-1I1 11.6 " 14,5 .. ,... " 43.7 " s_ Sl13 Cs.ma.161 ,., .. " ., ., " " ., """'-' f.....fTAr,.,... l.S4G.O '.'f7.' 9,695.' 9."" U".7 U1Z7.1 U.tJU :3.3"1 T_ S..M....tor T.-Pn:ti.- ,., .. .. ,., .. ,., .. ., Loal lot.... tor Trull" """_ l.l!3.' l.lH.' ::'166J ',ou 1.731.1 1.733.1 I.W.1 ;.6>>.1 I . II ANNUAL SELF-CERTIFICATION .- .. . . ~/ MPO SELF-CERTIFICATION In accordance with 23 CFR 450.334, the TEXAS DEPARTMENT OF TRANSPORTATION, and the Corpus Christi Metropolitan Planning Organization for the Corpus Christi urbanized area(s) hereby certify that the transportation planning process is addressing the major issues in the metropolitan planning area and is being conducted in accordance with all applicable requirements of: a. 49 U.S.C. Section 5323(K.), 23 U.S.c. 135, and 23 CFR Part 450.220;. b. Title VI of the Civil Rights Act of 1964 and the Title VI assurance executed by each State under 23 U,S.C. 324 and 29 U,S.C. 794; c. Section 1101 of the Transportation Equity Act for the 21" Century (Pub. L. 105-178) regarding the involvement of Disadvantaged Business Enterprise in FHW A and FfA funded planning projects (Sec. 105(f), Pub. 1. 97-424, 96 Stat. 2100; 49 CFR Part 23); d. The provisions of the Americans With Disabilities Act of 1990 (Pub. 1. 101-336, 104 Stat. 327, as amended) and U.S. DOT implementing regulation; and e. The provision of 49 CFR Part 20 regarding restrictions on intluencing certain activities. TEXAS DEPARTMENT OF TRANSPORTATION CORPUS CHRISTI DISTRICT CORPUS CHRISTI METROPOLITAN PLANNING ORGANIZATION POLICY BOARD CHAIRPERSON District Engineer Chairperson Date Date - ~ II AREA MAP 7 � t r y`. T z _ 1 = I t 1 •�� I PUBLIC INVOL VEMENT PROCESS I FY 2002 - FY 2004 TIP Public Meetings Meetings Summary The Corpus Christi Metropoiitan Planning OrganIzation convened eight public meetings to incorporate public comments in the project selecl10n process for the FY 2002 - FY 2004 Transportation Improvement Program (TIP). The followmg is the schedule oipublic meetings: 1. Transportation Policy Committee Meetmg, Port of Corpus Christi Authority, November 2. 2000, at 1:30 p.m. 2. Texas Department of Transportation, VTR traming center, November 6, 2000, 6:00 p.m. 3, Northwest Senior Center. November 14, 2000, 11 :00 a.m. 4. Portland City Hall. November 14.2000.6:00 p,m. 5, Oveal William Senior Cemer. November l5. 2000. 11:30 a.m. 6. Corpus Christi City Hal!, November 15.2000.6:00 p,m. 7, Technical Advisory Meeting, Port of Corpus Christi Authority, November 16.2000,10:00 a.m. The draft FY 2002 - FY 2004 TIP was available from October 30. 2000 to December 7, 2000, at Cities of Corpus Christi and Portland City Halls, County Court Houses ofNueces and San Patricio, Texas Department of Transportation Corpus Christi District, Regional Transportation Authority, and the MPO office for the citizens to review and make comments. The MPO staff with the Metropolitan Area entities convened the meetings at the published locations and time. The staff thanked everyone for coming to the public meetings. participating in the transportation planning process, and emphasized the need of involving citizens in the planning process. The citizens were informed about the Metropolitan Planning process and about the TIP process. Members of the audience were provided with a list of projects. However. the participants were insured that the list is just a draft preliminary list which is subject to change during the public involvement process. The list may change based on the citizens' need in different areas. . The CItizens were informed that their comments would be passed on the Technical Advisory Committee (TAC) and the TransportatIon Policy Committee (TPC). They were encouraged to attend the TPC meeting to emphasize their needs to the member of the decision making group. The panicipants were provided a copy of the MPOs Newsletter, "Metro-Mobility Talks". The MPO printed two Newsletters, one with a request to the citizens both in English and Spanish about the importance of the public panicipation and the other wtth public meetings schedule. 1 . 1 Transportation Policy Committee Meeting, Port of Corpus Christi Authority, November 2, 2000 The MFO Policy Committee convened the meeting at I :30 p.m. Approximately seven people attended the meeting. The list of attendees is attached wIth these comments. Mr. Amin illkarim explained the public involvement process and its importance in the preparation of the TIP. Mr. U1karim explained to the TPC that we have received requests from area entities to include several projects on FY 2002 - FY 2004 TIP list. Many of the projects were moved to priority II, since we do not have enough funds in STP 4C (Metro Mobility Funds). The reason being that we have borrowed funds from successive years. But on the other hand, the Texas Transportation is meeting in January 2001 and it may approve additional funds which would bring back projects like US 181 and Crosstown Extension into Priority I list. Mr. U1karim also mentioned that the estimated cost of some projects on the current TIP is higher than the construction cost which may save some money, 1bis savings would be used for the ADA Accessibility Project to FY 2002 from Priority II. Mr. Billy Parks said that we should not make the recommendation that the saving would be used only for an ADA Compliance project, ADA projects should compete with other projects since we have other necessary projects in the MFO area. for example the Joe Fulton International Corridor. Mr. Amin Ulkarim replied that we would only bring the $600,000 ADA project which was moved to the Prionty II list. Judge Josephine Miller said that we should go back to the TAC on how to use additional savings that may occur. 1 Texas Department of Transportation VTR training center, November 6, 2000, 6:00 p.m. The MPO staff convened the meeting at 6;00 p.m. There were no citizens present except the representatives of the MPO area entities. Mr. Farhan opened the public meeting and explained the TIP planning process and asked for any public comments or questions. Mr. IDkarim asked Mr. Jorge Garza of the City of Corpus Christi Aviation Department to explain the Airport projects. Mr. Jorge Garza talked about the airport expansion plans and their relationship to projects on the FY 2002 _ FY 2004 TIP. He explained about the traffic congestion inside the terminal canopy and how it is going to be relieved by new access facilities. He explained about the funds for airport projects which are funded through FAA grants, revenue bonds, and general obligation bonds. Mr. Billy Parks asked about the southwest Passenger terminal and its location in the new Airport Expansion plan. Mr. Jorge Garza replied that the U turn will be changed to north to south position cutting down the walking distance for passengers. Mr. Billy Parks asked about the construction cost. Mr. Jorge Garza said that an estimated $16.4 million for new terminal construction and the overall cost is $36.1 million. 1 r" T. Northwest Senior Center, November 14,2000,11:00 a.m. The MFO staff convened the meeting at 11 :00 a.m. Approximately fony three people attended the meeting. The list of attendees is attached with these comments. The citizens focused on Leopard, Up River Road, and some other North West area projects. The following are the questions and comments from the public and the MPO staff. Mr. Leona Brown and many Olher citizens asked questions about the Leopard Street projects. They expressed concerns about the time of constrUction, since the constrUction activities are causing traffic problems. They asked questions about the turning lanes where McKnizie (PM 3386) meets the Up River road. Mr. Pat Norrell explained that it usually takes about two years for these type s of projects to be complete. He said that McKinzie is on the same highway system and city has to acquire right of way for the turning lanes. Ms. Rozalizullo and many others asked about the Up River Road project presence on the MPO's plan. Mr. Farhan replied that we have three segments of Up River Road on MPO's Long Range and Short Range plans. Mr. Davie Cissna asked questions about CR 52 and FM 624. He was concerned about the growing traffic demands in the North West area. Mr. Pat Norrell explained the planning efforts of the MFO for the North West area. He explained the US 77 projects and its impacts on the surrounding network. He said that the Overpasses on CR 52, CR 48, and FM 624 will alleviate the traffic congestion in the area. Mr. Davie Cissna asked about the FM 624 project on FY 2002 - FY 2004 TIP. Mr. Pat Norrell replied that this is just a rehabilitation project which is part of the preventive maintenance program. 1 r Portland City Hall, November 14, 2000, 6:00 p.m. The MFO staff opened the public meeting at 6:00 p.m. About thirteen people attended the meeting which includes citizens and Portland city officials. The public focused on the US 181 project on the FY 2002 _ FY 2004 TIP. The following are the questions and comments passed during the meeting: Mr. Randy Wrights explained the number of accidents on US 181 which is planned for expansion. He said that there were 59 aCCIdents 10 1998.62 accidents 10 1999, and about 75 aCCIdents in 2000. He said that he supports the US 181 project. Mr. David Kreb commented on the moming rush hour traffic which is bumper to bumper. He said that the increase in the number oflane would reduce traffic congestion. Also, he said that development in Ingleside and Gregory are putting traffic pressure on US 181 requiring its expansion. Mr. Mike Tanner asked what is the reason behind moving US 181 from FY 2001 to FY 2002? Is it the funding issue or something else? Mr. Billy Parks said that funding is not the problem. He said the project is delayed for eight to nine months due to environmental issues, TxDOT staff is working on it. since the area is critical habitat for some birds and wetland. Mr. James Boren had concerns about the US 181 causeway elevation in the Portland City limits which is below the other sections of the Causeway, He said that raising the causeway is very important for both hurricane evacuation and emergency management. He said it would also provide a decent access to the Interstate system. Ms. Peggy Locasio said that she is very much interested in US 181 project which is used for hurricane evacuation. Mr. John A. CoCas commented on the importance of the frontage road on US 181. He said without frontage roads, one has to run on the shoulders to merge into main lanes which is not safe. Mr. Ron Jorgenson was concerned about hurricane evacuation and frontage road on US 181. Ms. Barbara Skinner said that environmental problems should not supercede human needs. ---1 r r Oveal William Senior Center, November 15, 2000,11:30 a.m. (Low Income & AfriclIDTAmerican Community Area) The MPO staff convened the meeting at 11 :30 a.m. Approximately twenty people attended the meeting. The list of attendees is attached with the comments. The citizens concentrated on transit section of the FY 2002 - FY 2004 TIP. The citizens asked about the benefits of the TIP to the community. They asked ifRTA is part of the MPO? Mr Farhan explained the TIP process and how MPO works with RTA. He said that the projects on the TIP benefit the entIre community and bring economic prosperity in the area.. Mr. Farhan explained about the Job Access and Reverse Commute plan and its benefits to community. Corpus Christi City Hall, November 15, 2000, 6:00 p.m. (Low Income & Minority Area) The staff opened the public meeting at 6:00 p.m. Only four people attended the meeting as shown on attached list. Mr. Catarino V. Rodriguez commented on RT A and its transit service. He was concerned about the bus drivers not stopping to pick up passengers. Mr. Amin Ulkarim replied that there is no reason for the bus driver not to stop at the designated bus stop. But, if the passenger is not on the bus stop it is not allowed for the bus drivers to stop other than designated bus stopS which would cause traffic congestion and other traffic hazards. ~ . Technical Advisory Meeting, Port of Corpus Christi Authority November 16, 2000, 10:00 a.m. The Technical Advisory Committee (TAC) Chairperson opened the TAC meeting as a public meeting at 10:00 a.m. Approximately ten citizens and officials attended the meeting. Attached is the list of people who attended the meeting. The following are questions and comments passed during the meeting: Mr. Angel Escobar asked Me Amin Ulkarim to provide a brief report on the public comments in the public meetings conducted until now, Mr. Amin Ulkarim replied that in the Portland City Hall citizens spoke in favor of US 181. He said in other meetings citizens asked about RTA and its bus service. In the meeting at the City Hall, Mr. Rodriguez had shown his concern about the drivers behavior, sometimes they do not stop to pick up passengers. He said that we told the citizens that we will pass their comments to the Transportation Policy Committee. Mr. Amin Ulkarim asked Mr. Farhan to comment on other meetings where he was not present. Mr. Farhan said that citizens have concerns about Leopard projects construction, Up River Road and McKnizie Road. Also, there were comments from public about the CR 52 and FM 624, , , ' ,--- ~ II ~ APPENDIX' A' ... , '" . Approximate Project Locations for ADA Accessible Ramps for FY 2002: , . Everhart Road. Staples Street. Port Avenue, Baldwin Boulevard. Morgan Avenue, Kostoryz Avenue, Horne Road. Third Street. Carancahua Street, Santa Fe Street, Tancahua Street, Downtown Business District Streets, Ocean Drive, Shoreline Boulevard, Ayers Street. Port Avenue, Agnes Street, Laredo Street, Uptown Business District Streets, North Shoreline Boulevard, East Surfside Boulevard, Nineteenth Street, Tarlton Street. Up River Road. Greenwood Drive, Leopard Street, Airline Road. Weber Road. Doddridge Street, Alameda Street, Carroll Lane, Carma! Parkway, Cimmaron Boulevard, Gollihar Road. Tiger Lane. Old Robstown Road. Texan Trail, Lipan Street. Commanche Street, Williams Drive, Rand Morgan Road. McArdle Road. Brawner Parkway, Whitecap Boulevard, Commodores Drive. r RESOLUTION AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE AMENDMENT NO. I TO THE MASTER AGREEMENT GOVERNING LOCAL TRANSPORTATION PROJECT ADVANCE FUNDING AGREEMENTS WITH THE TEXAS DEPARTMENT OF TRANSPORTATION NOW, THEREFORE, BE IT RESOLVED BY THE CORPUS CHRISTI CITY COUNCIL: SECTION 1. That the City Manager. or designee, is authorized to execute Amendment No. I to the Master Agreement Governing Local Transportation Project Advance Funding Agreements with the Texas Department of Transportation. A copy of the Amendment is attached as an exhibit to this Resolution, ATTEST: CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Samuel L. Neal, Jr., Mayor Legal form approved y ~ , 2001: James R, Bray, Jr., City Attorney By: '/..m~ Lisa Aguilar Assistant City Attorney ... 17 .-- 'T--'-'--"'~' T '_"O"_""'''~__ CITY COUNCIL AGENDA MEMORANDUM DATE: August 6,2001 AGENDA ITEM: Ordinance abandoning and vacating 4,400-square feet of a 1 O-foot wide utility easement out of Lot 21, Block 17, Padre Island No.1; requiring Sonrisa Partners, Inc., (Owner), to comply with the specified conditions and replat the property within 180 days at owner's expense; and declaring an emergency. ISSUE: Pyle & Associates, on behalf of Sonrisa Partners, Inc., is requesting the abandonment and vacation of an easement previously retained for a CPL overhead transmission line upon the closure of a portion of San Felipe Drive, but erroneously located in relation to the alignment of the transmission line. REQUIRED COUNCIL ACTION: City Charter requires Council approval to abandon and vacate 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, ~ F '6")3ki ft-r'Angel R. Escobar, P.E. Director of Engineering Services Attachments: Exhibit A - Site Location Map - - AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION PURPOSE OF CLOSURE AND BACKGROUND: Pyle & Associates on behalf of Sonrisa Partners, Inc" is requesting the abandonment and vacation of a 4,500-square foot, 1 O-foot wide utility easement out of Lot 21, Block 17, Padre Island NO.1. to correct a surveyor's mistake made during the previous abandonment and vacation of San Felipe Drive (former paper street) and retention of the easement for an existing Central Power & Light Company overhead transmission line (Ordinance No. 023201, January 27,1998). It was recently discovered that the transmission lines are not in the easement established by the replat which was required for the mentioned previous abandonment and vacation. The new easement, with the transmission lines centered, will be re-established parallel to and north of the easement being abandoned and vacated upon the required replat (See Exhibit "A"), All public and franchised utilities were contacted, None had any objection to the abandonment and vacation of the utility easement. Staff recommends that payment of the fair market value be waived because Owner will be dedicating a 1 O-foot wide utility easement to off-set the proposed abandonment. The owner has been advised of and concurs with the conditions of the easement abandonment. h:\.. .\gen\ag01 \esmt-clo\sonrisa.m 1" 1. --~.._._-,. __at @ . ...... '. ~. .. ........ -;"~.. . ~Oo. ....... . ....... LIlT . ....... 21 . . " LIlT '" 'Ii .....; ............. 18 ....... ...... LIlT .............. '/; .............28 1'/" ............./// ~.lJ.E...... ~ PAllREISlANDIUGlERI.I ....... YIL. 9. PG 177. IUl.M.C.T. -.ocK 18 ....... ..... PAllREISlANDIUGlERI............. ............. / VII..UME 13. PAlES 1-8 ~....... ..... IUl.M.C. T. ~...... I ............. / I S2S'llI'3lI'V ...... 1 SE:A PINE:S DRIVE: . ARRA OF CLOSURE ......, SClFT. (.1/133A&J CITY OF CClRI'US ell 7l!lCAS DATE' 7/ZA/1 (EASEIIENT CLOSURE & PROPOSED EASEMENT) LOT 21, BLOCK 17 PADRE ISLAND NUMBER 1 EXHIBrr -A- DB'ARTII8ITOF__ SERl/ICES . - AN ORDINANCE ABANDONING AND VACATING A 4,400 SQUARE FOOT PORTION OF A TEN (10) FOOT WIDE UTILITY EASEMENT OUT OF LOT 21, BLOCK 17, PADRE ISLAND NO.1; REQUIRING THE OWNER, SONRlSA PARTNERS, INC., 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 4,400 square foot portion of a 10 foot wide utility easement out of Lot 21, Block 17, Padre Island No.1, as recorded in Volume 59, Pages 177, Map Records Nueces County, Texas, that the owner, Sonrisa Partners, Inc., (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 below, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. That the 4,400 square foot portion of a 10 foot wide utility easement out of Lot 21, Block 17, Padre Island No.1, as recorded in Volume 59, Pages 177, Map Records 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: I, That the City waive payment of fair market value by Owner for the vacating and abandonment of this 10 foot utility easement because the Owner will dedicate a 10 foot utility easement of equal or greater value as part of the replatting conditions. 2. The Owner must replat the portions of Padre Island No, I 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 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 28th day of August, 2001. L:\Ieg-dirljoseph\word\ORD-PI-No l.doc , .... 18 --1 - T , ' CITY COUNCIL AGENDA MEMORANDUM DATE: August 15, 2001 AGENDA ITEM: Ordinance authorizing the City Manager, or his designee, to execute a Use Privilege Agreement with Island Foundation Inc. for the right to install and maintain 3 underground 1.5 inch diameter high-density polyethylene conduits containing fiber optic and communication cables extending approximately 82.5-feet across the Encantada Drive street right-of-way (row) and connecting Foundation facilities on each side of said right-of- way; establishing a fee of $497,50; and declaring an emergency, ISSUE: Island Foundation, Inc. has submitted a request to install underground fiber optic cable across the Encantada Drive street ROW to connect buildings on both sides of the ROW belonging to the Seashore Learning Center, REQUIRED COUNCIL ACTION: City Charter requires City Council approval for use of any portion of public right-of-way for private purposes. RECOMMENDATION: Staff recommends approval of the ordinance as presented. 2-. "Ie- ?;fi7/ct f[lF 'Angel R. Escobar, P.E.f Director of Engineering Services Attachments: Exhibit A - Background Exhibit B - Ordinance Exhibit C - Site Location Map '--r ---'..--'''--r-.-.- r AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION Island Foundation, Inc" owners of the Seashore Learning Center located on 15733 South Padre Island Drive, has requested a Use Privilege Agreement (UPA) from the City to install three underground 1.5 inch diameter high-density polyethylene condiuts containing fiber optic and communications cables extending approximately 82.5-feet across the Encantada Drive street right-of-way (ROW). Island Foundation, Inc., is installing the fiber optic cable to connect services between the buildings on each side of the street ROW, Island Foundation, Inc., will own the fiber optic cable and all improvements and will be solely responsible for all maintenance and removal of the cable. An Engineering Permit will be required for any future maintenance and removal of the fiber optic cable installed by Island Foundation, Inc, within the city street right-of-way, All City and private franchised utilities were contacted regarding this UPA. None had any objections, provided the applicant meets the specified conditions set out in the UPA. Owner has been advised and concurs with all the conditions of the Use Privilege Agreement. A one-time fee of $ 497,50 is being recommended for the UPA and is based on the following calculations: \ Mproject \ councilexhibits \ exhUPAISLANDFOUN.dwq ~ N PROJECT LOCATION ~ LOCATION MAP ;:{ c; NOT TO SCALE ~ N PROJECT SITE VICINITY MAP NOT TO SCALE CIP PROJECT No. XXXX ~ -- - - - - - USE PRIVILEGE AGREEMENT ISLAND FOUNDATION CITY COUNCIL EXHIBIT DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI. TEXAS PAGE: 1 of 1 DATE: 08/22/2001 -.T---...--.-,--.-----'~--.T Page 1 of 3 AN ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE A USE PRIVILEGE AGREEMENT WITH ISLAND FOUNDA noN INC. FOR THE RIGHT TO INSTALL AND MAINTAIN 3 UNDERGROUND 1.5 INCH DIAMETER HIGH-DENSITY POLYETHYLENE CONDUITS CONTAINING FIBER OPTIC COMMUNICATIONS CABLE EXTENDING APPROXIMATELY 82.5-FEET ACROSS THE ENCANTADA DRIVE STREET RIGHT-OF-WAY (ROW) AND CONNECTING FOUNDATION FACILITIES ON EITHER SIDE OF SAID RIGHT-OF-WAY; ESTABLISHING A FEE OF $497.500; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or designee, is authorized to execute a Use Privilege Agreement with ISLAND FOUNDATION INC. for the right to install and maintain three underground 1.5 inch diameter high-density polyethylene conduits containing fiber.optic communications cable (hereinafter collectively known as "Use Privilege Improvements"). The improvements will extend approximately 82.5-feet across the Encantada Drive street right-of-way (ROW) and will connect and establish communications between their two buildings, one on each side of the Encantada Street ROW. A fee of $497,50 is hereby established. A copy of the Use Privilege Agreement is on file with the City Secretary, H:\LEG-DIR\DoyleDCurtis\MYDOCS\2001 \ORD2001.1 OO\Ordinanc.es\UsePrivilegeAgr\Ordinance\lsIFcundatonUPAOrd. wpd .-. .T---......-.-r-..- ._.'.-~.'r _......,.._.._-_._-_...,...._.__...._......_-_..,~-_. .-..----.~----. "-..-.----t"'--....- -,.. Page 2 of 3 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 28th day of August, 2001. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Samuel L. Neal, Jr., Mayor Legal form approved August 24, 2000 James R. Bray, Jr" City Attorney By ~~LtAii.c o e urtlS Senior ssistant City Attorney H:\lEG-DIR\DoyleOCurtis\MYDOCS\2001 \ORD2Q01.1 OO\Ordinanc.es\UsePrivilegeAgr\Ordinance\lsIFoundationUPAOrd. wpd 19 . - - .... CITY COUNCIL AGENDA MEMORANDUM Date: July 16. 2001 AGENDA ITEM: A. Motion authorizing the City Manager or his designee to accept a grant in the amount of $44,846 from the U. S. Department of Justice, Office of Juvenile Justice and Delinquency Prevention (OJJDP) for funding available under the Investigative Satellite Initiative of the Internet Crimes Against Children (ICAC) Task Force Program, and to execute all related documents. B. Ordinance appropriating $44,846 from the U. S. Department ofJustice, Office ofJuvenile Justice and Delinquency Prevention in the No. 1050 State and Federal Grant Fund. ISSUE: The U. S. Department of Justice has awarded the funds to the City of Corpus Christi; the grant must be accepted and funds appropriated. BACKGROUND INFORMATION: OJJDP is providing funds to law enforcement agencies for equipment and training of existing personnel to develop or enhance forensic, investigative, or prevention resources to respond to online sexual exploitation of children offenses. In February, 2001, the Police Department submitted a concept paper to OJJDP outlining how the funding will establish or enhance our ability to respond to ICAC offenses. Only 25 to 35 agencies across the country were awarded funds. The Police Department will establish a program to train all officers in the proper response to these offenses. Training materials will be prepared for presentation to schools, students, community groups and other law enforcement officers. We will also begin proactive investigation of these offenses and continue to respond to referrals from other outside agencies with technical and forensic assistance in an attempt to combat the sexual eXploitation and victimization of children by preferential sex offenders. FUNDING: There is no match required by the City; funds are available for a two-year period, The funds will purchase computer hardware and software, other equipment, supplies, and training travel. REQUIRED COUNCIL ACTION: Approval to accept the grant and appropriate the funds. RECOMMENDATION: ADDITIONAL SUPPORT MATERIAL -I' Award letter ~ r AN ORDINANCE APPROPRIATING $44,846 FROM THE U.S. DEPARTMENT OF JUSTICE, OFFICE OF JUVENILE JUSTICE AND DELINQUENCY PREVENTION, IN THE NO. 1050 FEDERAL/STATE GRANTS FUND FOR LAW ENFORCEMENT EQUIPMENT AND TRAINING TO DEVELOP OR ENHANCE FORENSIC, INVESTIGATE OR PREVENTION RESOURCES TO RESPOND TO ONLINE SEXUAL EXPLOITATION OF CHILDREN OFFENSES; AND DECLARING AN EMERGENCY. . BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COij,PUS CHRISTI, TEXAS: SECTION 1. That $44,846 is appropriated in the No. 1050 Federal/State Grants Fund from the U,S, Department of Justice, Office of Juvenile Justice and Delinquency Prevention, for law enforcement equipment and training of existing personnel to develop or enhance forensic, investigative or prevention resources to respond to online sexual exploitation of children offenses. 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 . 2001. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Samuel L. Neal, Jr., Mayor LEGAL FORM APPROVED ~6l9 ,2001; JAMES R. BRAY, JR" CITY ATTORNEY By: i.Pn:- ~.... Lisa Aguilar.. SSlstant City Attorney H:\LEG.D1R L1SA\ORD:rORm~o.t 1 r T . U.S. Department of Justice Office of Justice Programs Office of the Assistant Attorney General Washington, D. C. 20531 August 17, 2001 David R, Garcia City Manager Post Office Box 9277 Corpus Christi, Texas 78469 Dear Me. Garcia: We are pleased to inform you that your Application No, 2001-5968-TX-MC entitled "ICAC Task Force Program - Corpus Christi, Texas Investigative Satellite Initiative" has been approved in the amount of$44,846. The original and one copy of the grant and special conditions are enclosed. If the award is accepted, please sign the copy of the award and the special conditions and return to the: Office of the Comptroller Control Desk, Room 5303 810 7th Street, NW Washington, D.C. 20531 The original grant award and special conditions should be retained for your files, Please be advised that by accepting this award, you assume certain administrative and financial responsibilities including the timely submission of all financial and programmatic reports, resolution of all interim audit findings, and the maintenance of a minimum level of cash- on-hand, Should you not adhere to these responsibilities, you will be in violation of the terms of this award and the project will be subject to termination for cause or other administrative action deemed appropriate. Also enclosed are copies of the required OlP guidelines and reporting forms (both progress and financial) with instructions on preparation of the forms, Three copies for final progress reports, and an original and two copies for all (financial reports) should be sent to the Control Desk, "-1 1 r 0 OJP 0 BJA 0 BJS 0 NIJ CBlICl< APPROPRIATE BOX 1. GRANTBE NAKB AND ADDRESS (Including Zip Cod.) City of Corpus Christi Post Office Box 9277 11. S. DEPARTMENT OF JUSTICE OPPICB OF JUSTICE PROGRAMS AWARD ~ OJJDP Dove o G1WIT o COOPERATIVE AGREEMENT PAGB L 01" L .... AWARD NmlBBR 2001-MC-CX-K036 COrpU8 Christi, Tex.s lA. GRANTEE IRS/VBNDOR NO. 746-000-576 5, PROJECT PERIOD: FROK 07/01/2001 TO 06/30/2003 BtJDGB'I' PERIOD: FROK 07/01/2001 TO 06/30/2003 .. AWARD DATB: August 17, 2001 7. ACTZON 0 INITnL .. SUPPLEMENT NUMBER 0 S'UPPLBMBN'l'AL 78469 2. SUBGRANTBB NAME AND ADDRESS (Including Zip Code) 2A. SUBGRANTBB IRS/VENDOR NO. .. 3. PROJECT TITLE PRBVIOUS AWARD AM01JNT 10. AMOUNT OF THIS AWARD $ $ 0.00 44.846.00 Corpus Christi Investigative Satellite Initiative 11. TOTAL AWARD $ 44,846.00 12. SPECIAL CONDITIONS (Check, if applicable) ~ TBB ABOVB GRANT PROJECT IS APPROVlm SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARB sn PORTH ON THB ATTACBBD 2 PAGE(S) . 13. STATUTORY AtJ'l'HOR:ITY POR GRANT o T:ITLB I OF THE OMNIBUS CRIMB CONTROL AND SAPB S'1'1lBBTS ACT 01' 1968. 42 U.S.C. 3701, BT. SBQ., AS AMENDED. o TITLB II 01' THE JtJVXNILB JUSTICB AND DELINQUBNCY PRBVXNTIOH ACT 01' 1974. 42 U.S.C. 5601, ST. SBQ., AS AMENDED o VICTIMS OF CRDIB ACT 01' 1984. 42 U.S.C. 10601, BT. SBQ., PUBLIC LAN 98-473, AS AMBNDBD. o OTBBR (Specify): Title IV of the JJDP Act of 1974. as aaended. 14. FCTtJRB FISCAL YBAR(S) SUPPORT: SBCOND YBAR' S BUDGET PBlUOD: AIIOlJNT 01' FONDS: TB:I1lD YEAR' S BUDGBT PBRIOD: >>roUNT OF FONDS: B/A N/A H/A N/A TYPB 01' FONDS: TYPB 01' FONDS: 15. METHOD OF PAYMENT THE GRAHTBB WI:LL RECBIVB CASS VIA A LBTTBR OF CREDIT 0 YES o NO AGENCY APPROVAL GRANTBB ACCEPTANCB 16. TYPBD HAMB AND TITLB 01' APPROVING OJP OPPICIAL Mary Lou Leary Acting Assistant Attorney General 17. SIGHA'l11RB 01' APPROVING OJP OFFICIAL TITLB OF AUTHORIZED GRANTZB OFFICIAL David R. Garcia City IIUUl&ger 19. SIGNATlJRB OF AUTHORIZED GRANTBB 19A. DATB -' /.,1 I ,/, L.:..." ".-r ., '/ 20. ACCOUNTING CLASSIPICATION CODB AGENCY USB ONLY 21. FISCAL YBAR P1lND CODB BtlIl. ACT. orc. DIV. RRG. SOB, POMS X c IIC 70 DO DO OJP FORM 4000/2 (REV. 5-87) PREVIOUS EDITIONS ARB OBSOLETB. . - - II If ,., ~ 'Ill · ~"liIno;f,~ u. S. DEPU'1'IIZR'1' OJ' JUSTJ:CI: DlTtCZ 01' JUS'l'XCE nOGR.AJl8 AWARD CONTINUATION SHEET o OJP 0 IlJA 0 OJJDP o a.r. 0 IIJ:J 0 0Vt: CIIZCJt APPROPRXATZ BOX PAOI: ---1 01' L- o GRAII'l' 0 COOPDA'1'nz AGaBDIENT PROJECT !roHBEIt 2001-MC-CX-K036 AWARD CA'l'B August 17. 2001 SPECIAL CONDITIONS I, The recipient agrees to comply with the financial and administrative requirements set forth in the current edition of the Office of Justice Programs (OJP) Financial Guide, 2. The recipient agrees to comply with the organizational audit requirements of OMB Circular, A- 133, Audits of States, Local Governments, and Non-Profit Organizations, as further described in OJP's Financial guide, Chapter 19. 3. The Project Director shall be replaced only for compelling reasons and with the prior concurrence of the OJJDP, Approval of the successor shall be contingent upon submission ofa resume and verified statement of most recent salary. Changes in other program personnel require only notification to the OJJDP with the same documentation as for the Project Director unless otherwise designated in the award document. Prior approval is required for Advisory Board members and consultants used in the project. 4. The recipient acknowledges that failure to submit an acceptable Equal Employment Opportunity Plan (if grantee is required to submit one pursuant to 28 CFR Section 42.302), that is approved by the Office of Civil Rights, is a violation of its Certified Assurances and may result in the suspension of the drawdown of funds. 5. In instances which warrant compensation over the $450 per day limitation, PRIOR WRlTIEN AFPROV AL by OJJDP must be obtained. Approval by onDP will require justification using market place guidance and appropriate documentation. The recipient agrees to comply with established OJP consultant guidelines as set forth in the OJP Financial Guide and to support, through written documentation and records, all daily rates approved for individual consultants regardless of the amount of daily rate compensation. 6. The current edition of the OJP Financial Guide provides guidance on allowable printing activities. In addition, the recipient must submit all reports and written products resulting from this award to OJJDP for review and comment prior to publishing. The recipient must submit to OJJDP for approval any reports or written products that the grantee will publish using grant funds, Any publication, report or other written product produced \\;th grant funds must prominently display the OHDP logo on the cover page. 7. Progress Reports are due on fixed dates semiannually (July 30 and January 30) each year. The semiannual reports must cover grant related activity occurring during the six month periods of January I through June 30 and July I through December 31, The initial report will cover the period of time from the grant award date to the end of the period of June or December. All subsequent reports will follow the semiannual reporting periods. OJP FORM COOO/2 (REV. 5~17) PRZVYOUS EDJ:'1'J:ONS ARB OBSOLETE. . -- ~. tJ. S. ImPAR'l'IIEN'l' or .:ruS'l'IC!: OFl"IC!: or JUS'l'ICE PROGRAMS AWARD CONTINUATION SHEET . \\~ ~~lInd'~ D OJP D BJA 0 OJJDP DBJS DIlIJ Dave CHECk APPROPRIA'l'Z BOX PAGB --1 or .L D GRANT 0 COOPERA'l'rvE AGlU!:EMZN'l' PROJEC'l' NUMBER. 2001-MC-CX-K036 AWARD DA'l'E August 17, 2001 SPECIAL CONDITIONS 8. STATEMENT OF FEDERAL INVOLVEMENT: The Office of Juvenile Justice and Delinquency Prevention has elected to enter into a Cooperative Agreement rather than a grant with the Corpus Christi Police Department. This decision reflects a strong mutual interest in the program, as well as the anticipated level of Federal involvell1ent specified below, 9, The grantee agrees to comply with the ICAC Task Force Program Standards (Standards) as established by the ICAC Task Force Review Board (Board) and approved by OJJDP, 10, The grantee agrees to forward ICAC Task Force Program Monthly Performance Measures (MPMR) reports to SEARCH Group, Incorporated as per the Standards, The Standards and the MPMR will be forwarded under separate cover. II, The grantee agrees that proactive undercover investigations (as defined by the Standards) must be subplitted to OJJDP and the Board for approval. 12. The grantee agrees to designate one of the regional task forces as its representative to the ICAC Task Force Board. This designation must be in writing and forwarded to OJJDP within ninety clays of award, GRANTEE'S ACCEPTANCE OF SPECIAL CONDITIONS Signature of Duly Authorized Official Date OJP FORK 4.000/2 (REV. 5~87) PRJNIOUS EDI'l'IONS AJUl: OBSOLB:'l'J:. , '11"" " U.S. DEPARTMENT OP JUSTICB GRANT MANAGER'S MEMORANDUM, PT. I: 8) OPPICE OF JUSTICB PROGRAMS PROJECT SUMMARY . ,., ',~ M ~ 0 0 0 0 GRANT 0 COOPERATIVE AGRBDmNT !?~ OJP BJA OJJDP 0 BJS 0 RIJ 0 OVC PROJEC'l' NUMBBR CIIllCK APPROPRIATB BOX 2001-MC-CX-K036 0 This project is supported under Title I of the Omnibus Crime Control and Safe Streets Act, .2 USC 3701, as amended. 0 This project is supported under the Juvenile Justice and Delinquency Prevention Act of 1974, as amended. 0 Other; Title IV of the JJDP Act of 1974, as amended. l. STAPP CONTACT (Nama, address & telephone number) 2. PROJEC'l' DIRBC'l'OR (Name, addre.s " t.l~ nuaber) Kichael Medaris Captain Emilio Sanchez Senior progr.. Manager, OJJDP Corpus Christi Police D.partment 810 Seventh Stre.t, NW Post Office Box 9277 Washington, DC :1;0531 Corpus Christi, TX 78469 (202) 616-8937 (361) 886-2604 3a. TITLB OF TIlE PROGRAM 3b, POlIS CODB (SBB INSTRUCTIONS ON RKVBRSB) Corpus Christi Investigative Satellite Initiative .. TITLE OP PROJECT Corpus Christi Investigative Satellite Initiative 5. RAME &. ADDRESS OF GRANTBB 6. NAME &. ADDRESS OP SUBGRANTEB City of Corpus Christi Post Office Box 9277 Corpus Christi, Taxa. 78469 7, PROGRAM PBRIOD 8, BUDGET PBltIOD FROM; 07/01/2001 TO; 06/30/2003 FROM; 07/01/2001 TO; 06/30/2003 .. AMOUNT OF AWARD 10. DATE OF AWARD $ 44,846.00 August 17, 2001 11, SECOND YEAR'S BUDGET 12, SECOND YEAR'S BUDGET AMOUNT RIA RIA l3. THIRD YEAR'S BUDGET PBRIOD 14. THIRD YEAR'S BUDGBT AMOUNT RIA RIA 15. SUMMARY DESCRIPTION OP PROJECT (See instruction on reverse) Using OJJDP funds, the Corpus Christi Police Department will: 1) acquire specialized training and equipment to investigate child pornography and online enticement offen...; 2) conduct lCAC investigations; 31 perform computer forensic examinations; .) conduct public awareness and prevention education programs; 5) make (when appropriate) and receive referrals from agencies participating in the ICAC Task Force Program. ca/ncf OJP PORM 4000/1 (REV. 4-88) . 1 Memorandum Subject: FiNAL Financial Clearance on Application #2001-5968- TX-MC City of Corpus Christi ICAC - Investigative Satellite Initiative Date: June 4, 2001 To: Michael Medaris JJCP From: 41- Donna Simmons . I OC/FSB The Office of the Comptroller has reviewed the subject application for funding approval. Costs appear allowable, reasonable and consistent with Office of Justice Program regulations, The current approved budget reflects a twenty-four month budgetary period. PERSONNEL FRINGE BENEFITS TRAVEL EQUIPMENT SUPPLIES CONSULTANTS/CONTRACTUAL OTHER TOTAL DIRECT COST INDIRECT COST TOTAL PROJECT COST Federal Funds ReQuested BUDGET $0 o 14,015 22,695 5,400 o 2,736 $44,846 $0 $44,846 $44,846 1. There is no match requirement for this program. 2. The applicant is a unit of government, therefore a financial capability questionnaire is not required. 3, The fiscal integrity review revealed the applicant is delinquent filing the financial status reports for the following grants: #97LBVX2100 quarter ending 03/31/00, 06/30/00, 09/30/00, 12/31/00, 03/31/01;OK~ #98LBVX2Ioo quarter ending 12/31/00,03/31/01; #98WSQXOI64, #1999LBVX8039, - 7/lI/dl 1999WSQX0136, 2oo0LBBX2707, 2oo0TECX0024. 2000WSQX0055 quarter ending 03/31/01. The program office has to inquire as to the status of these t1nancial reporting requirements and address these issues in the Redbook. 4, There were no budget issues brought to the attention of the program office prior to this final clearance. 5, A review of IFMIS revealed that the following is correct for this applicant: Name: City of Corpus Christi Address: P,O. Box 9277 Corpus Christi, TX 78469 Vendor #: 746-000-576 The above information should be used by the program office in the award document. Page 1 of 1 for Application # 15968TXMC.wpd 1 .' T 20 T T ORDINANCE STATUS AGENDA ITEM: Ordinance amending the Code of Ordinances Chapter 29, Municipal Courts, by creating Section 29-51, Municipal Court Collection Fee, to create new collection fee for defendants with delinquent Municipal Court payment orders in an amount of 30% of each delinquent payment order; providing for severability; providing for an effective date. FIRST READING: August 21,2001 Passed: 7-0 (Absent - John Longoria and Mark Scott) FINAL READING: August28,2001 COMMENTS: (None) ~ --,--- 1 .'-----...-.---.----.-- .--.'-..-."--t"-.-......- CITY COUNCIL AGENDA MEMORANDUM Date; August 2 L 2001 AGENDA ITEM: A. Ordinance establishing a Municipal Court Collection Fee pursuant to Article 103.0031 ofthe Texas Code of Criminal Procedure in the amount ono percent on each debt or account receivable such as fines, fees, restitution, and other debts or costs, other than forfeited bonds that is more than 60 days past due. B. Motion authorizing the City Manager or his designee to execute a revision to Section 4.0 Compensation of the existing agreement with Linebarger, Heard, Goggan, Blair, Graham, Pena and Sampson, LLP to collect outstanding fines and fees on behalf of the City. ISSUE: On April 10"', the City Council approved a Motion to Execute an agreement withLinebarger, Heard, Goggan, Blair, Graham, Pena and Sampson, LLP to collect outstanding Court fines and fees on behalf of the Court. The cost to the City was based on recovery only and the commission rate negotiated was 23%. The Governor recently signed Senate Bill 1778 which authorizes a municipality or a county to contract with a private attorney or collection agency and authorizes the addition of a collection fee in the amount of 30% on each debt or account receivable that is more than 60 days past due and has been referred to the attorney or collection vendor for collection. If the Council approves this collection fee to be charged to the defendant, the burden for collection is paid by the defendant and not the City. The collection fee is a pass through cost that will be collected by the City and paid to the law firm as specified in our agreement. Funding: There will be additional programming required to modifY the Court's computer system to enable the system to account for this new collection fee, in addition, the programming will improve the collection interface already developed. Court Specialist, Inc., the Court vendor has provided a cost estimate of $8,000 for the required programming. Funding for this additional programming is available in Municipal Court Administration Budget FY 01-02. The pass through collection fee will save the City the commission rate expense and will contribute to an increase in revenue of $92,000 for FY 01-02. REQUIRED COUNCIL ACTION: City Council must approve this ordinance and motion as proposed. RECOMMENDATION: Staff recommends the approval of the ordinance and motion as submitted. ADDITIONAL SUPPORT MATERIAL Background Information ~J,.~/t~____ Barbara R. Sudhoff Director of Municipal Court '.--.T"--.---- I T ---.------.... - .w_'" _...._,_...._...,__~..~_..k_'._.~."._. ..~~_._.--r--_....._- AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION The Court, as other Municipal Courts throughout the State, historically has had difficulty getting defendants to address their cases timely, and once assessed a fine, to pay the amount owed to the City. However, the Court does not have the expertise or the resources to pursue older cases. We do not have the expertise in "skip tracing" techniques which allow a vendor experienced in collection to locate and pursue defendants that are adept at changing their identity and have made a deliberate attempt to "get lost". Our objective is to enhance existing collection efforts and existing enforcement actions. In April, with the Council's approval, the law firm of Linebarger, Heard, Goggan, Blair, Graham, Pena and Sampson, LLP was selected to provide collection services on behalf of the City. Under the current agreement with the law firm, the City agrees to pay as compensation for collection services 23% of all monies actually collected and paid to the City on delinquent cases/accounts during the term of this contract. With Council approval, we can implement Senate Bill 1778 signed by the Governor which allows a municipality or a county to create a collection fee which is then added to the amount owed by the defendant. This collection fee then pays for the collection services provided by the law firm. The net result is that the defendant who has not addressed their cases or is delinquent on their outstanding payment arrangement will be assessed a collection fee of 30% of the total fine owed. This collection fee will be collected by the Court and paid to the law firm for their collection services on behalf of the City. The City will save the 23% commission rate originally negotiated and as a result will be able to retain 100% of the fine and Court costs collected. We estimate that by eliminating the commission rate of 23%, the City will be able to retain an additional $92,000 in revenue during FY 01-02. ,.._~ ~ - ~, AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CHAPTER 29, MUNICIPAL COURTS, BY CREATING SECTION 29-51, MUNICIPAL COURT COLLECTION FEE, TO CREATE NEW COLLECTION FEE FOR DEFENDANTS WITH DELINQUENT MUNICIPAL COURT PAYMENT ORDERS IN AMOUNT OF 30% OF EACH DELINQUENT PAYMENT ORDER; PROVIDING FOR SEVERABILITY; PROVIDING FOR PUBLICATION; AND PROVIDING FOR AN EFFECTIVE DATE. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS; SECTION 1. That Section 29-51 of the City Code of Ordinances is hereby created as follows: Sec. 29-51. Municipal court collection fee. There is created a municipal court collection fee pursuant to Article 103 0031 of the Texas Code of Criminal Procedure A municipal court defendant will pay a mun~~ collection fee in the amount of 30% on each debt or account receivable that is more than 60 days past due and referred for collection to a private attorney or a public or private vendor. "Debt or account receivable" means fines. fees restitution. and other debts or costs. other than forfeited bonds. ordered to be paid by the municipal court A defendant is not liable for this fee if a municipal court iudl:e determines that the defendant is indi~ent or has insufficient income or otherwise is unable to pay all or part of the underlvin!! fine or costs. 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. 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 4. This ordinance is effective upon publication. LOA lord3.393 I .1 ..- ........,.-.'.-.-.----.,.-' __._'_"_"C_'.~ -".-...---.... ,.....,.---_..._.._.__.__._.~_.__~~__,__... -~--_.""."..-r_~ 21 . ] 1 1 . ORDINANCE STATUS AGENDA ITEM: Ordinance amending the Code of Ordinances Chapter 53-Traffic, Article VIII. Schedules, Sections 53-250-53-258, Section 53-250, Schedule I-~:me-way Streets and Alleys, Subsection (a-1) school areas, by establishing a one-way traffic pattern north on Palmira Drive in the direction from Almeria Avenue to Encantada Avenue during the school hours of Seashore Learning Center Charter School; providing for penalties. FIRST READING: August 21,2001 Passed: 7-0 (Absent - John Longoria and Mark Scott) FINAL READING: August28,2001 COMMENTS: (None) . CITY COUNCIL AGENDA MEMORANDUM DATE: August 10,2001 SUBJECT: One-Way School Zone Traffic Pattern for Palmira Drive for Seashore Learning Center Charter School AGENDA ITEM: Ordinance amending the Code of Ordinances Chapter 53 - Traffic, Section 53-250 - Schedule I, One-way Streets and Alleys, Section (a-1) School Areas, by establishing a one-way northbound traffic pattern on Palmira Drive from Almeria Avenue to Encantada Avenue, during the school hours of Seashore Learning Center Charter School, during certain hours on schooldays only. ISSUE: The principal of the Seashore Learning Center Charter School on Encantada Drive has requested the City to implement a one-way traffic pattern on Palmira Drive adjacent to this school (Exhibit 1) during morning and afternoon school hours to improve school zone traffic circulation and student pedestrian safety, REQUIRED COUNCIL ACTION: One-way traffic patterns on any public street or alley must be approved by the City Council. RECOMMENDATION: Approval of the proposed ordinance as presented. ___ ~ fz- g/rb/o' r o1L 'Angel R. Escobar, P.E. Director of Engineering Services ADDITIONAL SUPPORT MATERIAL: Additional Background Information Exhibit 1 - Site Map - Proposed One-Way School Zone Traffic Pattern AgMemSeashoreLearnClr 801 One-Way School Zone Traffic Pattern for Seashore LearninQ Center School Page 1 of3 ] T" l' AGENDA MEMORANDUM Additional Background Information BACKGROUND: Seashore Learning Center is a kindergarten through sixth grade public elementary school for the Padre Island and Flour Bluff community, The average attendance at this school exceeds the 150 students identified in the City's Code of Ordinances for providing school zone controls on abutting public streets. The director of the Seashore Learning Center Charter School has requested the City to study the feasibility of converting Palmira Drive immediately abutting this school to a one-way street during morning and afternoon school hours, Traffic congestion, conflicts with two-way traffic movements, and increasing hazards to students needing to cross the current two-way traffic flow on Palmira Drive are the reasons cited for introducing the one-way traffic pattern. The study process for one-way school zone requests considers the probable traffic impact of the proposed one-way traffic pattern on neighboring streets, existing directional traffic and driveway turning movements on the proposed one-way streets Staff.s analysis of the traffic conditions at these schools have included interviews with school officials, detailed traffic counts, examination of related traffic accident experience and discussions with the Police Department. One-Way Street Criteria. The Traffic Engineering Division has three objectives for implementation of one-way school zone traffic patterns: (i) improved student pedestrian safety, (ii) reduction of school-related traffic congestion, and (iii) nominal impact of redirected traffic on abutting residential streets, Based on the observed traffic conditions and ordinary occurrence of these conditions throughout the school year, Staff is confident that the proposed one-way traffic pattern on the identified street sections will satisfy these requisite conditions. Development Alona Palmira Drive I Impact of Proposed Traffic Pattern. Palmira Drive is a residential zoned street with the smallest (24-ft) street width, There is little development on this street presently except the school. Only single-family residential hornes front onto or side onto this and immediately adjacent streets, Palmira has a current traffic demand of approximately 400 vehicles per sChoolday, The majority of the current traffic demand travels the northbound direction of the proposed one-way pattern, The proposed one-way school zone lends itself well to the desired direction parents should be taking to and from the school. Redirected traffic (normally turning from Encantada Avenue onto Palmira) has the option of using a number of other nearby streets to by-pass the one-way school zone. One-Way School Zone Traffic Pattern for Seashore LearninQ Center School Page 2 of 3 . ." Prior Council Action: Since 1966, prior City Councils have approved one-way school zone traffic patterns on 40 street sections at 32 elementary and middle school zones in Corpus Christi. Review by Transportation Advisory Committee: Committee has reviewed the Staff recommendation recommend approval to the City Council. The Transportation Advisory and unanimously voted to ********** One-Way School Zone Traffic Pattern lor Seashore Learninq Center School Page 3 013 , .." - I I - l[SEASHORE LEARNING - CENTER SCHOOL ~ ENCANTADA AVENUE I Z I I ~ \ 0 1- :!I VINCENT DRIVE r---- Z - ~//// - "-- - j c--- ~ 1 - c--- " " , . > z . > " u - . " " > > , ~ ~ . " . ~ -. " . " 8 u . . c " '> r---- >I :J u . ! f- u " " S . r---- ~ ~ ~ . E r--- ~ ~ I---c ~ - 0 u ALMERIA AVE. f--- f--- V r--- - I--- '" ci ~ ~ '-----., - > a: '-----.., r?i ~ cvr-,.ys. a: .... WJ <( .rr"'e-e-,. (\ a. ~ ~ w > +,,;Vl, r----. T SAN fELIPE DRIVE 12 ~rEo.v 0 C~~{ 0 / z / :5 .o.<j{O sa SeCO ! ~1L"e W " a: SAN rELlPE DRIVE: 0 (',< VI 1\ " 0: > "l""'i/({ . '", " ~ 1:' I ~ ,f' :::l . 0 u I " w fj ~ en Ii -8 > COCUl , <( ~ J oV"l b",,.. .'- s i?5BIrrI \H 'Ot ~ <( a: ::!: ...J <( a. - It, "80 Bl<NeO OR/V, ~- ~- SEA PINES DRIVE /fl;f;:r- I -~,.--- -L I I I I ~r-- .l- 31-- . . PROPOSED ONE-WAY \ " I I \..1 ~r-- Iii ...1 SCHOOL ZONE ~ r-- . ..... .. TRAFFIC PATTERN ~ ~ EXHIBIT 1 ~III~~ SUBJECT: PROPOSED ONE-WAY SCHOOL ZONE ::" == TRAFFIC PAnERN ON PALMIRA AVE. ~~~ - SITE MAP Traffic Engineering Dlv. Engln_rlng Services Dept. Page 1 of 3 AN ORDINANCE AMENDING THE CODE OF ORDINANCES CHAPTER 53 -- TRAFFIC, ARTICLE VIJI. SCHEDULES, 99 53-250-53-258, SECTION 53-250, SCHEDULE I --ONE- WAY STREETS AND ALLEYS, SUBSECTION (a-1) SCHOOL AREAS, BY ESTABLISHING A ONE-WAY TRAFFIC PATTERN NORTH ON PALMIRA DRIVE IN THE DIRECTION FROM ALMERIA AVENUE TO ENCANTADA AVENUE DURING THE SCHOOL HOURS OF SEASHORE LEARNING CENTER CHARTER SCHOOL; PROVIDING FOR PENALTIES; PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Code of Ordinances Chapter 53 -- Traffic, Article VIII. Schedules, 99 53-250-53-258, Section 53-250, Schedule I , One-way streets and alleys, subsection (a-1) School Areas, is amended to read as follows and by adding the following street portion: "Chapter 53 - Traffic . . . . . "Article VIJI. Schedules, 99 53-250-53-258 "Section 53-250. Schedule I-One-way streets and alleys. . . . . . "(a..11 School Areas. a 1 Ccheel areas. . In accordance with section 53-103 and when properly signposted, all traffic shall move only in the direction indicated during the school hours indicated by signs on the following streets or portions of streets: "Street or Portion of Street Direction of Traffic . . . . . "Palmira Drive. from Almeria Avenue to Encantada Avenue. North . . . . . H:ILEG-DIRIDoyleDCurtisIMYDOCS\2001 IORD2001.1 OOlOrdinanc.esITraffic.engl 1 WA YSTRT\Palmira 1 way.Ord. wpd '. - Page 2 of 3 SECTION 2. Publication shall be made onetime in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 3. A violation of this one-way traffic pattern may result in a citation being issued and a fine being assessed. H:\LEG-DIR\DoyleDCurtisIMYDOCS\2001 \ORD2001.1 OOIOrdinanc,es\Traffic.eng\ 1 WA YSTRTlPalmira 1 way,Ord. wpd 22 T T AGENDA MEMORANDUM Agenda Item: Date: August 24, 2001 Public hearing on proposed ad valorem tax revenue increase. Issue: The FY 2001-2002 City budget includes a proposed tax rate of $0.6441745 per $100 valuation which exceeds the notice and hearing rate of $0,623141 (effective tax rate of $0,604992 X 103%). The State Property Tax Code requires that a public hearing be held when a taxing unit proposes to impose a tax rate that exceeds the lower of the rollback tax rate or 103 percent of the effective tax rate. Prior Council Action: . Tuesday, July 24,2001 - City Council adopted the City budget for FY 2001-2002 based on the proposed tax rate of$O,6441745 per $100 valuation. . Tuesday, July 24,2001 - City Council voted to schedule September II, 2001 for adoption of the ad valorem tax rate of$0.6441745, and scheduled a public hearing on the proposed ad valorem tax rate for August 28, 2001. Future Council Action: . On Tuesday, September II, 2001, the City Council will adopt the ad valorem tax rate of $0.6441745 per $100 valuation. . On Tuesday, September II, 2001, the City Council will approve the 2001 Tax Levy. Required Council Action: Hold a public hearing to enable taxpayers to express their views on the tax increase. At the end ofthe hearing, City Council must announce the date, time, and place of the meeting at which it will vote on the proposed tax rate, Recommendation: No formal City Council action is required. However, at the end of the hearing, the Mayor must announce that, during the September II, 2001 council meeting beginning at 2:00 p,m, at City Hall, the City Council will vote on the proposed tax rate, Additional Support Material: Exhibit A Background Information Exhibit B Draft of "Notice of Vote on Tax Rate" h:lfdlpubhearg.wpd , . EXHIBIT A BACKGROUND INFORMATION The State Property Tax Code requires that a public hearing be held when a taxing unit proposes to impose a tax rate that exceeds the lower of the rollback tax rate or 103 percent of the effective tax rate. The effective tax rate is generally equal to the prior year's taxes divided by the current year's taxable values of properties that were also on the tax roll in the prior year, The effective tax rate excludes taxes on properties no longer in the taxing unit and also excludes the current taxable value of new properties, The rollback tax rate is the highest tax rate the taxing unit can set before taxpayers can start rollback procedures. The rollback tax rate divides the overall property taxes into two categories - maintenance and operations (M&O) taxes and debt service taxes, The M&O portion of the tax rate is the rate that would be needed to raise 8 percent more operating funds than the unit levied in the preceding year, This calculation is similar to the effective rate calculation. The debt rate portion is the tax rate that will be needed to pay the unit's debt payments in the coming year, This part of the calculation does not depend on the prior year's debt taxes, it only considers what the unit will need for the current year. The portion ofthe overall rate used to retire debt may rise as high as necessary without triggering a potential rollback. The M&O portion, however, may rise only 8 percent. The Fiscal Year 2001-2002 City budget approved by Council on July 24, 2001 includes a proposed tax rate of $0,6441745 per $100 valuation, allocated between the General Fund and the Debt Service Fund in the amounts of $0.4575227 and $0.1866518, respectively, This proposed rate exceeds 103 percent of the effective tax rate of $0,604992 per $100 valuation, and, therefore, requires the City to conduct a public hearing, The City's 2001 net taxable value is $8,029,325,055, which is $377,267,652 above last year's 2000 certified vlaue of $7,652,057,403, This produces an ad valorem tax levy of $51,722,865, which is $3,994,994 greater than last year. Also, as required by the Code, a "Notice of Vote on Tax Rate" will be published on September 9, 2001 in the Corpus Christi Caller-Times (see Exhibit B), h:\fd\pubhearg. wpd 1 1 1 -, EXHIBIT B Notice of Vote on Tax Rate The City of Corpus Christi conducted a public hearing on a proposal to increase the total tax revenues of the City of Corpus Christi from properties on the tax roll in the preceding year by 6.48 percent on August 28, 2001at 2:00 PM. The City Council is scheduled to vote on the tax rate that will result in that tax increase at a public meeting to be held on September 11, 2001, at 2:00 PM at 1201 Leopard St., Corpus Christi, Texas. r r 23 1 1 1 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION August 28, 2001 AGENDA ITEM: Recognizing the Corpus Christi Museum of Science and History for being accredited by the American Association of Museums for attaining the highest standards of excellence. CITY STAFF PRESENTER(S): Name 1. David Garcia 2. 3. Title City Manager DeptlDivision OUTSIDE PRESENTER(S): Name Title/Position Organization 1. 2. 3. ISSUE: BACKGROUND: The Museum must be reviewed every ten years to remain accredited. It is one of 40 accredited museums in the State of Texas and one of approximately 750 nationwide. Accreditation recognizes the Museum's professional operation and adherence to current and evolving standards and best practices, commitment to continued improvement, and public service and accountability through fulfillment of its mission. REQUIRED COUNCIL ACTION: . - 24 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION August 23, 2001 AGENDA ITEM: Presentation of Bond Issue 2000 Quarterly Report #2 CITY STAFF PRESENTER(S): Name 1:Angel Escobar 2. 3. Title Director DeptlDivision Engineering Services OUTSIDE PRESENTER(S): Name 1. N/A 2. 3. Title/Position Organization ISSUE: Bond Issue 2000 General Obligations Bond Projects were approved by voters on November 7,2000 in three separate Bond Issue 2000 propositions. Engineering Services will submit Reports and a presentation on the implementation and status of the approved projects to on a quarterly basis. REQUIRED COUNCIL ACTION: This presentation is for informational purposes only and no action is required. , 1Y ifL- ~;i?;01 fe' f- 'Angel R. Escobar, P. E., Director of Engineering Services 25 -T----'---.-r--- CITY COUNCIL AGENDA MEMORANDUM PRESENTATION August 24, 2001 AGENDA ITEM: Presentation on City's Risk Management Program CITY STAFF PRESENTER(S): Name Jorge G, Cruz-Aedo Title Director of Financial Services DeptIDivision Financial Services ISSUE: Quarterly update on City's Health Insurance Program, as well as a summary of Risk Management's other programs, BACKGROUND: Since the last quarterly report in May, the City's health program has continued to improve. However, we are still vulnerable to one or two large claims eroding the positive financial position, In an effort to strength the program, several program changes were made this last fiscal year They included: 1. An expansion of the pre-certification process to include out-patient, psychiatric, chemical dependency, and emergency room within 48 hours of admittance admissions; speech and physical therapy; durable medical equipment in excess of $500; and MRI's and CT scans; 2 Discharge Planning; 3, Diabetic Care Training; and 4. An agreement with Consultec, current manager for the pharmacy network, to match the lower bid received from Walgreen Drug Stores, Additionally, for fiscal year 2001 - 2002, a 3% premium increase was implemented for Citicare and Citicare Q-Plus participants, as well as an increase in the emergency room co-pay from $35 to $50. Currently, however, negotiations are underway for Citicare-Fire and Public Safety Citicare, Risk Management's other programs (general/auto liability, workers' compensation, and safety programs) have seen an increase in costs this past fiscal year. Risk Management is identifYing areas which can be currently dealt with in order to address the increasing costs. Staff Recommendation As of July 31, 2001, it appears that the City's health insurance program is slowly strengthening, These findings are unaudited and preliminary; however, it looks as though the overall program will end positively. In reviewing the individual programs, action has been taken for Citicare and Citicare Q-Plus in that a 3% premium increase was implemented August 1,2001. Additionally, the emergency room co-pay was increased from $35 to $50. However, for the Citicare-Fire and Public Safety Citicare, negotiations are currently under way. In reviewing the other Risk Management programs, workers' compensation costs, as well as general/auto liability claims continue to increase, Risk Management is developing a more rigorous safety program for City employees in order to help identifY problem areas and ways to improve them. REQUIRED COUNCIL ACTION: This presentation is for informational purposes only and no action is required. ~' j/ J'g ~~do , tor of Financial Services 1 City of Corpus Christi, Texas Quarterly Health Insurance Update August 28, 2001 TOTAL CASH FLOWS FOR ALL PLANS August 2000 - July 2001 PRELIMINARY - UNA UDI TED • Contributions • Health Care Costs • Net Income $1497529951 (14,031,729) $ 721,222 2 CITICARE CASH FLOWS August 2000 - July 2001 PRELIMINARY - UNA UDI TED • Contributions • Health Care Costs • Net Income $1094999285 $ 925,877 CITICARE Q -PLUS CASH FLOWS August 2000 - July 2001 PRELIMINARY - UNA UDI TED • Contributions • Health Care Costs • Net Loss $59,750 (kL7241 ($1,974) 4 CITICARE FIRE CASH FLOWS August 2000 - July 2001 PRELIMINARY - UNA UDI TED • Contributions • Health Care Costs Net Income $1,762,769 al59 �O70 $ 164,699 PUBLIC SAFETY CITICARE (POLICE) CASH FLOWS August 2000 - July 2001 PRELIMINARY - UNA UDI TED • Contributions • Health Care Costs • Net Loss of Revenue $2,431,146 (Zjg&52-8 ($3679382) 15.1% CITY'S ACTIONS TO DATE • Citicare and Citicare O -Plus -As of August 1,200L a 3% premium increase was implemented, as well as an increase in the emergency room co -pay from $35 to $50 per visit. • Citicare Fire - Plan design changes and/or premium increases are currently being negotiated. • Public Safety Citicare - Plan design changes and/or premium increases are currently being negotiated. 0 CITY'S FUTURE ACTIONS • Staff is currently reviewing all existing policies for health and benefits to align the contracts with the end of City's fiscal year (July 31 st). • Staff is also looking to add improved dental and vision programs for City employees. • Additionally, staff is considering the issuance of a Request for Proposal for pre -certifications/ utilization review. OTHER RISK MANAGEMENT PROGRAMS • Workers' Compensation Administration • General/Auto Liability Administration • Purchased Insurance • Safety Programs 9 WORKERS' COMPENSATION • F. A. Richard and Associates - Third -party Claims Administrator • Barron Risk Management Services, Inc. - Medical Cost Containment Administrator 10 WORKERS' COMPENSATION CASH FLOW August 2000 - July 2001 PRELIMINARY - UNAUDITED • Contributions • Claims Paid • Difference $3,336,173 3,207,914 $128,259 * * Estimated liability for Workers' Compensation Claims $194589100 11 WORKERS'. COMPENSATION STATISTICS Paid Claims August 1999 -July 2000 August 2000 -July 2001 % Increase $ 25900,454 $ 3,2072914 10.6% 12 GENERAL/AUTO LIABILITY • The City of Corpus Christi is self-insured. • Two City claims adjusters process all claims. 13 GENERAL/AUTO LIABILITY CASH FLOW August 2000 - July 2001 PRELIMINARY - UNA UDI TED • Contributions • Liabilities Paid (Includes litigation settlements) • Difference * Estimated liability for General/Auto Claims - $ 2,800,000 1,586,982 $ 192139018 $ 3,451,074 14 PURCHASED INSURANCE Costs through July 31, 2001 PRELIMINARY - UNA UDI TED • Excess Workers' Compensation Liability $105,700 • Excess Gas Liability $ 719786 • Property Insurance $4835437 • Flood Insurance $ 259749 • Boiler Insurance $ 540 • Employee Dishonesty Bonds $ 3,028 • Airport Liability i$ 38,151 15 SAFETY PROGRAMS • Defensive Driving • Safety Shoes/Prescription Safety • Remedial Driver Training Glasses • First Aid/CPR • Accident Investigation/ Loss Prevention • Back Injury Prevention • Participation in New Employee • Slip/Trip/Fall Prevention Orientation • City-wide Ergonomics Review • Workplace Violence Prevention • Chemical Inventory/ Material Safety Data Sheets • City Drivers' Authorization Cards/Motor Vehicle Records 16 26 . - ~ CITY COUNCIL AGENDA MEMORANDUM PRESENTATION August 28, 2001 AGENDA ITEM: Reservoir Operating Plan and Standby Groundwater Supply CITY STAFF PRESENTER(S): Name 1. Ron Massey 2. Eduardo Garana, P. E. Title Assistant City Manager Water Superintendent DeptlDivision Public Works Water ISSUE: The presentation wiN address the current Reservoir Operating Plan and projected levels based on the operating policy. Also, the current lake level's impact on wholesale water providers intake structures located on Lake Corpus Christ Reservoir will be discussed. An update of the current lake level will be provided. In addition, the presentation will provide an overview of the City's current Standby Groundwater Supply. Findings and recommendations in a recent evaluation performed by HDR Engineering, Inc. will be presented. Other opportunities for establishing a more reliable, efficient, and better quality of standby groundwater supply will also be addressed. REQUIRED COUNCIL ACTION: (None) ~~~~J Eduardo Garai'la Water Superintendent Exhibits: Reservoir Operating Plan Standby Groundwater Supply ~ 1 T. 27 -"1 T r CITY COUNCIL AGENDA MEMORANDUM PRESENTATION August 16, 2001 AGENDA ITEM: A. Presentation on the South Guth Park Master Plan Project. B. Motion to approve the South Guth Park Master Plan Project as presented. CITY STAFF PRESENTER(S): Name 1. Marco A. Cisneros Title Director Dept/Division Park and Recreation OUTSIDE PRESENTER(S): Name 1. Dr. Miriam Wagenschein Title/Position Chair, Park Committee Organization Pharoah Valley Neighborhood Association ISSUE: The Pharoah Valley Neighborhood Association (PVNA) is interested in an effort to promote the adoption of a new master plan project for South Guth Park, BACKGROUND: The PVNA has been working on a proposal for a new master plan project for South Guth Park, their neighborhood park that also serves as an area athletic park. They presented their vision for this project to the Park and Recreation Advisory Committee at their August 8, 2001 meeting, The Committee recommends that the City Council endorse and approve the master plan proposal as outlined by the PVNA and allow the group to proceed with this project. REQUIRED COUNCIL ACTION: The City Council must approve any master plan projects that involve City parks, STAFF RECOMMENDATION: It is recommended that the master plan project for South Guth Park be approved as presented by the PVNA, '_On 1 T ~"'._.. klL'-~v _ <:t! ~ Marco A. Cisneros, Director Park and Recreation Department Exhibits x . -. PROPOSAL FOR PHARAOH VALLEY NEIGHBORHOOD PARK The Pharaoh Valley Neighborhood Association (PVNA) requests approval by the Corpus Christi City Council of plans for further development and completion of South Guth Park, the Pharaoh Valley Subdivision neighborhood park. The City Park and Recreation Advisory Committee has reviewed and unanimously endorsed the plan for recommendation to the City Council for their approval. The PVNA is the designated sponsor of this park, LOCATION: The PVNA park area is the west side of the larger South Guth Park which is located at the intersection of heavily trafficked Ennis Joslin Road and Nile Drive, The Hans and Pat Suter Wildlife Refuge is located across Ennis Joslin Road on the east side of South Guth Park, The PVNA area is the west and south sides of the park abutting homes on Pharaoh Drive and forming a buffer between them and the other three component units in South Guth Park: the Little League (5 baseball diamonds), the National League (3 diamonds) and Little Miss Kickball (3 fields), All of the components have separate limited on-site parking. South Guth Park is a prime site for an attractive, unique and cooperative multipurpose activity park. Ennis Joslin Road is a designated connector city street between Ocean Drive and SPID used by visitors and tourists as well as local traffic, It serves as a gateway to Padre Island from and to Corpus Christi. Nile Drive is used by T AMU-CC, NAS, CCAD and local traffic to get to and from SPID. A properly planned South Guth Park can be used as a model "showcase" park for use by Corpus Christi residents and visitors alike. PLANNING: PVNA has been planning for the park for several years. The PVNA Park Committee surveyed subdivision residents to find what equipment and activities they wanted in the PVNA designated area, More than 100 responses were received showing the most desired elements to be a bike/walking trail and a children's playground. Various other uses were mentioned, The Park Committee used the results of this survey to determine what other activities should be included. Planning has been done in conjunction with the Corpus Christi Park and Recreation Department staff. Ms. Elizabeth Richter, national award winning architect of Richter Architects, agreed to give her service and that of Richter Architects to consult with the committee and to provide a site plan (see attached site plan) for the PVNA park master plan for South Guth Park, She is contributing this service as a resident of Pelican's Bay Drive in Pharaoh Valley Subdivision and PVNA member. Seeing the potential for development of South Guth Park to become a "crown jewel" among city parks in Corpus Christi, Ms. Richter proposed a comprehensive cooperative multipurpose master plan development for South Guth Park. She took advantage of the park's prime location across from the Suter Wildlife Refuge, on a segment of the Oso Parkway Trail and along the to be widened Ennis Joslin with planned landscaped medians as an extension of Ocean and Alameda Drives. The proposed master plan _.~ 1 T incorporates existing ball fields and kickball fields unchanged except for the addition of much needed parking to be shared by all groups and for trees to be planted along the perimeter of the park, This master plan was submitted to the Park and Recreation Advisory Committee for their review and endorsement to the City Council for final approval. It details the major activity elements in the PVNA neighborhood park. The proposed master plan can be accomplished to the benefit of all of the park user groups if everyone agrees to the master plan and works cooperatively toward its achievement under the guidance of the Park and Recreation staff. , --- ~. PVNA PARK PROPOSAL, Page 2 PVNA PARK ACTIVITY DEVELOPMENT Planning for this park focuses on activities for young children, older residents, families, and additional youth activities. Existing elements now in the park are a basketball court, children's swing set, a climbing stand, and a small caliche parking lot. There are some mesquite trees, and palm trees along Nile Drive on the north side of the park. Development of the PVNA Park will commence as soon as the engineering study and irrigation plans are complete. Some equipment then can be purchased and installed pursuant to the master park plan provided approvals are given by the Park & Recreation Committee, the City Council, and the Park and Recreation department staff. The PVNA park will be accessible for the physically impaired. .Planned activities in the PVNA park area are: Basketball (existing court) Children's playground (existing swing, climbing apparatus) New playground equipment with capability for later add ons. (Funding has been appropriated by the PVNA Board for purchase) Trash receptacles Hikelbike trail.(Trail will be around the perimeter of South Guth Park by use of the sidewalks along Ennis Joslin and Nile streets now under reconstruction and widening. The segment through the PVNA area must be built by funding obtained by PVNA.) Park benches Picnic tables with barbecue grills (Several wheelchair accessible.) Volleyball Horseshoes Pingpong table (hard top fixed table) Croquet Shuffieboard (can be on floor of the pavilion) Covered pavilion All equipment and elements installed will comply with the Park and Recreation Department standards and specifications. DEVELOPMENT PLAN IMPLEMENTATION The strategic plan for implementation will be phased as follows: Phase 1. (Fall 2001 ) (See attachments.) Fund raising: T-shirt sale, contributions, pledges, fund raisers, etc. Playground equipment purchase & installation. (Mulch provided by the City) Purchase some benches, trash receptacles (Continues next page) PVNA PARK PROPOSAL, Page 3 Phase II (2002) Grant applications written and submitted for funding Volleyball court Horseshoe court Irrigation Some trees & landscaping along Nile Drive (if the street widening project is completed) Walking short trail to parking area (if parking lot is completed) Phase III (2003) Additional picnic tables, benches purchased and installed Final tree and landscaping along Nile, Ennis Joslin planted Walking/bike trail completed Phase IV (2004) Pavilion, shuffleboard constructed The above implementation phasing is tentative and subject to change as needed, The Pharaoh Valley Neighborhood Association respectfully requests your approval of this plan for a truly comprehensive but functional unique model park of which Corpus Christi maybe proud. .. /ll.[~ ~~~ Miriam Wagensch Park Committee Chair Pharaoh Valley Neighborhood Association Submitted August 20, 2001 NEW PAVIl\ON"'c-- EXIST. BASJETBAL COURTS . I EXIST. PLAYFROU NEW PLAYG;ROU I , I. ..____ PICNIC ARBORS NEW VOLL.~... YBALL COURT 'I .- Wi >, ~i 01 . Ii 01 <(I ~:I II Q...;I - ._1 ,~C*I\l!~.~"lE_:..:.. :::,-<s=-Y_- BIKEAVALKI '-.....TREE LINED HIGHWAY EDGE PICNIC AR~ORS NORTH TRAIL #1 - LF = 1,252 SY = 2,504 TRAIL#3 - -- LF = 899 SY = 1, 798 TRAIL #2 - . - . - . LF = 2,811 SY = 5,622 Note: Square Yardage (SY) . calculated with 6 foot trail widths: RICHTER ARSU-ILT ~(~_I S SOUTH GUTH PARK Master Plan Development _-5iteJ'Icn_ 0' _ __=-_lO.Q~ Al ~ l' T e ~ d: ~ ~~ ." .... a.,...: ~~ E VI ~ ~ ~ . ~ ~ .. ... I E '" ~ ~ Oil - ~ -" N oo ' .- '" ~ ... a.", :J- E ~ ~ ..c c ~ 'E ~ ~ 0 <C N N .. N-" N .. i~ ~ .:E r-.. ~ Oil ~ ~..::.c x - .Jq N'P ~ ~ B: 1"'"1 g V"I 0; " Vi .....0 " - " ,!:::! vi c ..c .. ~ -" 0 .. ~ '-' '" N N ~~ - .. ~ ~ ~ J I! .!'Nf ~~i::ii! fhi1 I!ltJvl Hi] I ~~n ~ i,:q~ v]101 i~di I~ . .. II "I E v ~ '" E .2i .... E .!5 e '" '" ~ .9 ~ ~ oocooN N N .cc ." E ~.ii-ll-;:oo :J 'u ." ~ - ~ g.~l~ eUeJ: :5!~~1!E 2 U D:: C : c' ~ '~ . . ~~j ~~~ '-.._ I="i" ~.li ~E NO ..j ~E GO ~ ::'; ,~ U ""'" " ~ 'i:.!: "~ :.;:.. vOl &cape Box 21146 ston TX 77226-1146 ) 676-1165 )676-1119 Fax ) 377-9083 W .5 I(P-1 y Assn nd Instaliation instructions for • lands Sodas Bench Cat. Na I .60 PW KO with P-2 (in ground MounfUg) � 1 � 69' :arch each bend aossmember to recycled ;ask members Wedried with pilot hose) ing sWnises stew square ddva susws astlo washers used with powdemoated sleet, Duare Was ba provided). Keep plastic members orderwith punch mark on lett end of bench 'hen facing from of bench. See drawing aboa l2' wide crossmembers (qty. 3) go on each :d and center of plastic members When sawn Iuq� bottom of sm each bend crceamber asidemi&ation mark on end of aossmember. ,APORTAICr: Ceder crossmember has -maded hoe between hales for third and forth ,embersand has the fetterV. wde support commembers (pry. 2) go on ]as and both plot hoe bee"IL When ssemblig d a bottom oscmalber has Wee threaded hulas for mounting tubing support ,`here supports attach to cr, mrrwnber, screws 'a recessed Into counterbores bake awe ends of seat are square before yhtemg screws Tglda caters +OTE: When tightening screws, bit may Gip I :at hell firmly In square rehxers. This aures carp slivers of wed to pramde from savor .cad. These must be sanded or ped smooth ter tightening sum. � 12" ` � 12, 2 Attach each suppo %g wtth Wee (3)3Ir-16 x 314'temper box socket screwsand bt washers with special hex bit provided. Do ra; fighte�hmd of acIegG Make (allow for has threaded bp towards comer of bends. Attach 41' long angle member to each support legone 1)W16x3/4'tamperresistant hex screw. lock washer. and 6w washer (place lock washer nett to had of socket slew). Angle member should have vertical leg hav oil, towards from of bench. Use same fastener combination to attach angle to other support leg and to comer bat aosamember. Tighten securing screws for angte member. 4. Tighten the three (3) WAS x 314* tamper reshtant hex socket screws and fire washers support wosember Own tubing uPPad to so 3 wide S. FocUngs should measureappmxknatey 17 mgqkkwwss and be 44' apart. Depth should be a inimum of 16'. 6. Support seat making sure that top of seating pportlegis surface m vver1� plumb. See draw g Vie. We = have ren press rare andUSIWAmhlp duo" w AN of a take anndd In pro,vIodnur�ppYn c u omor with the very onto site amwipTeaddwTh" you kr using the same care and crall manship In to assembly and Installation of these kankNrgs. Should you need additional Information, please call us at (713) MI 165 or (600) 377.9063. Variable Speed Drill (3b' or larger) 3I6' Drive Addhd Wrench FRAMENKM a RECYCLED PUSTIO PARTS UST 3 3IB' x I I Ir Ile! crossmembers (de bom 2 3/r x 3' eat crostemembers (de bent) 2 r x 3' x 30'tubing support members 1 1 1 x 1 11Z x 41' angle support number 6 Its V(not21Zx31!lx69) recycled plastic members Thi..+gY •rIr loch uW Yr Mr•upir.t YruY nnbbn a e6r. Y A•d er• rd nrdr M popsy a sinrP• M b • wrP•er Mrp• M ,row• M A�1 b Award M I W n d wY drrAna,daWab•w•AbrnW arpaew pspr tn. wpa6A.� Rbap.. �. M q'r••r, a M M^P Aiwiq, b tlM• a b M Y •tkAr ptlOYA.aw. M .d.r m.whasM.rR. M 1M bdvirs pwrrbr .d dmwdrr r• �a:dby. eirayq M rrrwM A�1 bbtodY• AiP.Ypgrnrw. Errs tlrA.aMrtl b awMrd bh.r MMrrrApryw r� wMoer•wry~N•Mw•rMbpr &Wiry YAsr•fmrma* rpr"k firrp•M As•a.,I r)rrpw�bayb�^/bYMsr•d araaw ry WiA,wq mbNpaadwtlaY6r,iN. N polo n .,ppbA b mdYs.ix. M 9irrq• M erdx...asA•. O MIMrop NYr JX UTA N.4Mbrrw6 HARDWARE ATOOLS (INCtUDED) 41 (1 "IM) t4u. 14 x i 6TL'ai6 Mo. iu%**b (binls, slum) 9 3I6'-16 x 3/4'tamper resisted hex socket (Pin type) smears (sails. sleep 9 3Ar lar washers (slurs. steel) 3 3A3' lock washers (slnk. steel) 1 No. 3 x 2'" square dmre bit 1 7132' x 1/4' hex (pit type) btt 1 3V drive x 1/4' socket bit holder ase note that hese inswctlahs are for guidelines and general tree only. Cenler b center defences and peighb shove Wade w/ Mitab as staled, but phase bslific fires are not meant b replace slab and boting delais and ikemenls suppled by he sped ft ardt ed or designer. Should a question arks regarding ktslalatlat speelix, please contact he spec yi g archW Thank you. ^~'-:-""~:"'-~ '''~ , <';~~:.L ._, , ~, , ~'\.', < -. - ." ,~! ........' ", - ,~.' ,"" ,C~ :':':,;;_.~~:.~'i:<',~ 2'; ~"V~~"~~~ :.. ' ~ _ "-:..-_ ~{~:~~~:'*.~~~'~:~ -;';".r:~i?::' ad ",,,.o. ~. 'Ld' "'--', .-" :::3'..;~,,' La :r (7) 0." J ... ....<.. .-. . ~ ,,, . '~ :\~. ~' .;.;:;..~ . ,.t ,!::, -'7~t--. - -.;' -. "': -f.~'~ ~:;;:4~~: <:i~~f;i.} Ft>'i.; .~St.<:::;t~1!'t ;~~:~~~~~?:~:: .~(,~'~"';t-:).f~~':"'~-6M\.~:':~:' . ,:',,;, '~,:-.-~;~'t~i:;t;:I .. - CONNECTION lJuAIc�TII h307 WELDING ANCHOR BOLTS: GAS METAL ARC WELDING WELDING ELECTROOEs: E70' a M Z Fz IFx i ? I1�jI� Y rte- Fy-i—'� v Y Y My Mz Z a EO.UNOs1J41� V REACTIONS i1 ADS TO FOUNDATION (KIPS. FT. KIPS)SNFAR (FY) SHEAR (fz) MOMENT (Mz) MOMENT E LOAD COMBINATION AXIAL (Fx) 0 0 0 _ 0 DEAD + SNOW 3.27 1.30 0 0 0 DEAD + WIND—X 2.01 0 0 —2.05 0 0 ! DEAD + UNB. SNOW 2.01 0 � DEAD LOAD 0.75 o D PE: DSD FOREST TABLE M 11 21 00 i 40 S.. ENGINEER OR ARAS THIS DESIGN OF FOUNDATION TO BE PERFORMED BY AN DIMENSIONS. j DRAWING IS NOT INTENDED AS A FOUNDATION DESIGN. RIS SUBMITTED AS FOR REVISED SLAB EFERENNCE TO HALLS E TO BEISIUM PECIFIEDB CONSULIT FACTO gNCHOR VOLT LOCATIONS. I 2' DIAMETER MINIMUM CONCRETE FOOTING [NOTBY POLIGON (W.H. pORTER INC.)) 250-1 or 24 or 248-1 250-2 ROOF PANEL LAYC All high strength bolts are 325Nboitc be installed by 0f A" specified in the 9th edition of the "Specification For Structural Joints Asir or A490 Bolts", Section 8 D (1) A— be installed without washers when tigr -turn Of The Nut' method. It is the of the erector to insure proper tight"' Inspection of high strength bolting, if per chapter 17 of Cthe ode Uniform ) Buildr ir Standard Building OCA) or Building Code Erection of the framing members wile main columns to be plumb, square before installing the purlins. Purlins must be parallel to the eave beams members. Unless the building has a factory o' paint or galvanizing. the frame will and will be required to be finish pc with all the paint. materials an lac Porter. Inc. a d DA`i•D /.......... . ------------ PO _R M ;0 DAVII �........... II=I' a uro..b s.n...a .. I IB AL ROOF pgNr-, i re: PROPOSAL FOR PHARAOH V ALLEY NEIGHBORHOOD PARK (South Guth Park) ADDENDUM TENTATIVE PRELIMINARY COMPREHENSIVE COST ESTIMATE* PLAYGROUND EQUIPMENT Price $7,395 745 325 180 202 295 Item Catalog & Number 1. Wheel of Fun GAME TIME #G11222 2. Swing Set GAME TIME #P1260 Add A Bay " "#PI263 Belt Seat "" #CC1484 Enclosed Tot Seat" " #CC1470 Accessible Swing Seat PlayWorld 0243 (with safety harness) 3. Other ADA equipment (for physically impaired) may be added later. No, Units 1 (Sale price) 1 1 2 1 1 Cost 7,395 (Funds approved) 745 325 360 202 295 (Seeking funding gran~ BIKE/WALKING TRAILS 4. Trail #1. Estimated at $37.50 per sq. yd, 2504 SY Trail #2. (Connectors to parking lots) 835 SY Trail #3 Ennis Joslyn & Nile Drive-Street sidewalks NC Bike Rack 10' RECREATION 1034 364 1 BENCHES 5, Benches along trails GAME TIME 59". recycled plastic, tan or brown, installed on 2 Yz' pad 600 ea Athletic benches REC.GREAT 2015 500 ea (Basketball & volley ball court) 10 2 IRRIGATION 6. Along Trail #1 Along Trail #2 (To be bid) 1252 ft. Est 350 fr 1500 per 100 ft. " LANDSCAPING 8. Shade trees (Along Trail #1 93,900 9,345 TxDOT 364 6,000 1,000 18,780 5,250 40-50 (Application to Corpus Christi Tree Council for trees) Planted (Donated labor PVNA, Scouts, Nursery) Shrubs (Crape myrtle or similar) LIGHTING 9, Light poles,etc, "-'''"--'--~.. -. -~--_., Donated Est. 20,000 ADDENDUM, PVNA PARK PROPOSAL, Page 2 PICNIC AREAS 10. Picnic tables PORTER CO., Poligon Park Architecture 7' 8 @ 7,500 with fixed seating, covered, on slab Picnic table, wheelchair accessible LITTLE TIKES 238-HGT 274 I 274 Barbeque grills, pedistal GAME TIME #60 on slab 6 @ 299 60,000 274 1.794 TRASH RECEPTACLES II, Receptacles SITESCAPE 10@500 5,000 PARKING 12. Shared parking lots City funding PAVILION 13. Cover for basketball court Of new Pavilion Estimate 110.000. SIGNAGE 14. Signs and installation Estimate 5,000 ESTIMATED TOTAL COST* $346,029 * Based on all development and desired equipment for completed park. Quantity may be lowered to meet a more limited budget. Selections tentative pending approval by PVNA Board and City Parks and Recreation Department. ""--""'~--_._"-"'-'"'-"-'-""-"'-'-'-'--'-'---"..._, "-"T-----.,. 28 . T" -T" .....~. CITY COUNCIL AGENDA MEMORANDUM August 28, 2001 AGENDA ITEM: Motion approving an annexation calendar and authorizing staff to prepare service plans and schedule Planning Commission and City Council public hearings to consider six (6) areas of land/water for inclusion in the 2001 Annexation Program. ISSUE: The City of Corpus Christi is empowered by State Law to zone land within its 5-mile Extraterritorial Jurisdiction (ET J) to provide for orderly and responsible growth of the City. Attachment A contains the proposed 2001 annexation program, In order to complete any City-initiated annexations before the end of 2001, staff is requesting the City Council initiate the annexation process for six tracts as indicated in yellow on Attachment A. These areas contain approximately 16,067 acres and a combined population of 275 permanent residents. In addition, each of these areas are exempt from the plan requirements in the1999 State Annexation Law which requires cities to place areas proposed for annexation into an annexation plan for three years prior to annexation. As development occurs in these areas they will eventually lose their exempt status when 100 or more residential units on separate tracts exist within an annexation area. This annexation proposal is somewhat different then the annexation information previously provided to City Council on June 17, 2001 in that the areas along Old Brownsville Road (F .M. 665), including Rose Acres, and Weber Road (F.M. 43) have been deferred to allow time for a thorough evaluation of potential service costs and fiscal impact. Attachment B contains a proposed annexation calendar and Attachment C contains a brief profile of each area addressing existing population, housing, infrastructure, and development issues. REQUIRED COUNCIL ACTION: Approval of an annexation calendar (Attachment B) setting a Planning Commission public hearing date and two City Council public hearing dates, one of which include a special City Council meeting on Mustang Island, and authorizing staff to prepare service plans for the six areas. PREVIOUS COUNCIL ACTION: The last City initiated annexation program occurred in 1999, when the City Council _.~ ---. T"""'- --~-I Annexation Profile August 28, 2001 Page 2 approved annexation of undeveloped land next to Wood River Subdivision in the Northwest and annexation of several undeveloped tracts on Padre Island and Mustang Island. In 1999, the City Council also approved a motion to annex the remaining portions of Mustang Island by December 31,2002. FUNDING: Service plans, costs and funding information will available in September well in advance of the first public hearing. CONCLUSION AND RECOMMENDATION: There are a number of positive reasons for the City to consider annexing these areas, including City authority to control the quality of development and encourage growth that is compatible with each area. Annexation will allow the City to enforce zoning, building, fire, police, and other health and safety ordinances Staff recommends City Council approval of an annexation calendar (Attachment A) setting a Planning Commission public hearing date and two City Council public hearings and authorizing staff to prepare service plans for the six areas. Michael N. Gunning, Direc r of Planning Attachments Attachment A: Annexation Program 2001 Map Attachment 8: Proposed Annexation Calendar and Public Hearing Schedule Attachment C: Annexation Area Profiles H:\PLN-DIR\SHARED\WORD\ANNEX\Annexation 2001\8-28-01 Motion new.doc 1 ..,.---- ... "'.".__._.~"~__.~,~___..._~,,_.~.__.,_,_____..,_~,_.___ "___'M'_~"__""_ ,__._ Annexation Profile August 28. 200 I Page 3 Attachment A: Annexation Program 2001 Map ~. '. , J '. '. '. ',.,.,....", ~ ]i f '. " ........ .. '. .. '. I '. '. '. '. I '. '. '. '. '. . . . . . . . . . , , . . . I . . , ,/ ~ !I -;;1 8 i Ii J g H:\PLN-DIR\SHARED\WORD\ANNEX\Annexation 2001\8.28-01 Motion new.doc _.~ J --.... -r--" -.--- Annexation Profile August 28. 2001 Page 4 Attachment B: Annexation Calendar and Public Hearing Schedule August 28, 2001 City Council motion approving a public hearing schedule and directing Staff to prepare service plans for areas under consideration for annexation. October 10, 2001 Planning Commission conducts a public hearing to consider zoning of proposed annexation areas. October 16, 2001 City Council - Presentation of Service Plans and 1st Public Hearing (regular meeting) City Council- 2nd Public Hearing (Mustang Island, Port Royal) 6:00 p.m. Monday October 22, 2001 November 20, 2001 City Council - 1 sl Reading of the annexation ordinance (regular meeting), City Council - 2nd Reading of the annexation ordinance and final action on proposed zoning (regular meeting). Effective Date of Annexation December 11, 2001 December 31,2001 H:\PLN-DIR\SHARED\WORD\ANNEX\Annexation 2001\8-28-01 Motion new.doc ,.._.,,-... - -, Annexation Profile August 28, 2001 Page 5 Attachment C: Annexation Area Profiles Geographic Location Area Tract Acres Pop Res. Bus. s Est. Units Units Wood River Area A 1 32 0 0 Wood River Area B 1 19 0 0 Padres Island Area C All 1,251 2 1 Jones Tract IKleberg Co. 1 1,200 Walters Pro 2 51 2 1 Water Area West of Port D 1 919 Aransas (water) 0 0 Gulf Of Mex. Water Area E 1 13,128 East of Port Aransas (waterl 0 0 Mustang Island - F All 718 273" 686 .6 Mile Tract 3.a 143 28 76 .4 Mile Tract 3.b 77 13 2 1 Mile Tract 4 207 160 257 1.2 Mile Tract 5 291 72 351 - Total All 16,067 275 688 .-- Permanent resident only Existing Development in Area F - Tracts 3a, 3b, 4 & 5 Tract 3a Tract 3b Tract 4 Tract 5 Mayan Princess 2 Sin. Family Lost Colony - 45 Units Port Royal - 210 Units . 60 Units Units Admirals Row Sand Piper -106 Units Mustang Is. Beach - 32 Units -16 Units Sea Gull -105 Units MustanQ Tower - 56 Units 1 Sin. Familv Housino Unit Gulf Shores - 52 Units Episcopal Confer. Center 1 Sin. Familv HousinQ Unit Proposed Developments La Concha - 86 Proposed Catholic (next to Proposed Ventana Condominium Lots Proposed Episcopal Center) - 63 Units ($18 Million) Beach View Estates Percoco Subdivision 37 lots orooosed 11 lots proposed H:\PLN-DIR\SHARED\WORD\ANNEX\Annexation 2001\8-28-01 Final Motion.doc , ,... , Annexation Profile August 28, 2001 Page 6 Wood River Development - Areas "A" and "B" Descriptive Location: Two areas of land, consisting of 51 acres, more or less and both are part of the Wood River area development. The areas are generally bounded on the north by the Nueces River, which is presently within the Corpus Christi City limits, bounded on the east and the south by Wood River Subdivisions and on the west by the present City limit line along East Riverview Drive, Annexation of these two areas will complete the 1995 City Council annexation agreement to gradually annex the remaining Wood River tracts. Characteristics of the Area: These areas are part of the Wood River Area Master Plan and are presently vacant and undeveloped, Adjoining tracts presently inside the City limits are in the early stages of the platting process for future Wood River Units, The growth potential of this area is excellent. These areas are part of the Northwest Area Development Plan and will be part of Single Member District No.1, if annexed. Demographics: No residents as these two areas are undeveloped. Improvements in Place: Water, wastewater and gas service lines are accessible from the City of Corpus Christi through adjacent Wood River Units. Assessment of Needs: No major service needs are anticipated for these areas. The delivery of services to these areas will not place a burden on the City. New development, requiring implementation costs for proposed improvements, will be incurred by the owner/developer in accordance with the platting process. Issues and Concerns: Nueces River, which is the water source for the City of Corpus Christi, is also the north-most boundary forthis area. Annexation will protect Nueces River water quality by requiring development to follow the City's Stormwater Drainage policies and regulations. In addition, annexing this area will allow the City to control the quality of development and enforce zoning, building, fire, police, and other city health and safety codes and encourage growth that is compatible with the area. H:\PLN.DIR\SHAREO\WORD\ANNEX\Annexation 2001\8.28-01 Motion new.doc .~-~_._,.__.~- ,.. ....,...- Annexation Profile August 28, 2001 Page 7 PATRICIO COUNTY RIVERSI E .teRES CITY llilJr lJH[ RIVU lOt NIWO R. HERRERA GRANT ~ :;' Q,C.L. ;:; COlr COUR$[ HERRE.... GIANT 2001 ANNEXATION PROGRAM OTY OF CORPUS CHRISTI, TEXAS AreaS "A" & "B" ,:tn I I' City of Corpus Christi, Planning Department, 22AUG01 H:\PLN-DIR\SHARED\WORD\ANNEX\Annexation 2001\8-28-01 Motion new.doc ~ . T Annexation Profile August 28, 2001 Page 8 South Padre Island. Area "C" Tracts 1 & 2 Descriptive Location: These two tracts of approximately 1 ,251 acres straddling the Nueces/Kleberg County Line and are contiguous with the present City limit line to the north, east and west. Both Tracts are part of Padre Island and are situated between the Laguna Madre to the west and the Gulf of Mexico to the east. Characteristics of the Area: A majority of the acreage consists of wetland areas, Both tracts are subject to the Coastal Barrier Resources Act (CBRA). CBRA was passed by Congress in 1982 and prohibits Federal Agencies from providing expenditures or financial assistance for new development. Tract 1: The Jones Tract consists of approximately 1,200 acres and 1.5 miles (7,900 feet) of beach frontage along the Gulf of Mexico, located on Padre Island immediately south of the Padre Isles Subdivision, With the exception of two active oil/natural gas wells the tract is devoid of any improvements. Tract 2 is a 51-acre tract, which is privately owned located between the Nueces County Balli Park and the Nueces/Kleberg County Line, Note: the qulf beach adiacent to these two properties is not proposed for annexation, Demoaraphics: There is one house in Tract 2 with an estimated population of two people. Improvements in Place: No infrastructure is in place however, the City of Corpus Christi has assisted with the enhancement of wetlands in this area. The City has returned a 32- acre portion of the Jones Property to its natural vegetative state as part of a 1994 judgment by the U.S. Environmental Protection Agency, The five-year project came about as mitigation of damages to another area in the Laguna Madre. Assessment of Needs: A 12" water line is available along Park Road 22. The nearest wastewater line is located approximately one-quarter mile to the north at the intersection of Sea Pines and Palmira Avenue, Issues and Concerns: 1. Once these two Tracts are annexed the City will support removal of these two tracts from Coastal Barrier Resources Act (CBRA) status. This will increase the development potential of the tracts. H:\PLN-DIR\SHARED\WORD\ANNEX\Annexation 2001\8.28-01 Motion new.doc --1 -----r 1 -'~--'~~-~"~'._"--'."_._---'".'-- .---".-..,.-.- Annexation Profile August 28, 2001 Page 9 2. In November of 1994, Kleberg County delegated to the City of Corpus Christi, the authority to administer the provisions of Chapter 63 of the Texas Natural Resources Code within the corporate limits of the City and the extraterritorial jurisdiction of the City, This gives the City of Corpus Christi the authority to enforce dune protection measures in Kleberg County between the National Sea Shore and Nueces County, 3. Annexing this area will allow the City to control the quality of development and enforce zoning, building, fire, police, health and safety ordinances and encourage growth that is compatible with the area. H:\PLN-DIR\SHARED\WORD\ANNEX\Annexation 2001\8-28..01 Motion new.doc . . . Annexation Profile August 28, 2001 Page 10 ~~ &'5 ~~ ......" I / ~ ii;' k' it (j "- $ J:.1 $ 80s ^t4(( P1l:f/ TR.l, 1200AC. ~ ~ {;:{ " ~ ~ Q, ..., INSIDE CITY LIMITS GULF OF MEXICO 2001 ANNEXATION PROGRAM CITY OF CORPUS CHRISTI, TEXAS Area "(" o:-t~ I I City of Corpus Christi, Planning Department, 22AUG01 H:\PLN-DlR\SHARED\WORD\ANNEX\Annexation 2001\8-28-01 Motion new.doc '.~--."T -,--- .~,., Annexation Profile August 28, 200 I Page 11 Water Area West of Port Aransas, Area "D" DescriDtive Location: An area containing 919 acres, comprised predominantly of water and spoil islands, located to the west of the Port Aransas city limit line, Characteristics of the Area: This area is a remnant of past annexations out of Corpus Christi Bay, which were initiated in the 1960's. DemoaraDhics: No permanent residents, non-developable area. ImDrovements in Place: None in place, Assessment of Needs: None Issues and Concerns: 1. This is an environmentally sensitive area. 2. Annexing this area will allow the City to control the quality of development and enforce zoning, building, fire, police, health and safety ordinances and encourage growth that is compatible with the area, H:\PLN-DIR\SHARED\WORD\ANNEX\Annexation 2001\8-28..01 Motion new.doc . 111". . Annexation Profile August 28, 2001 Page 12 CORPUS CHRISTI BAY ,::- ~ .f v ",'" : a v o F ..............WATER EXCHANGE PASS 2001 ANNEXATION PROGRAM CITY OF CORPUS CHRISTI, TEXAS Area "D" '" a .::: ~ ",'" Q; ~ ~ Q;" a "- Q; ~ "- " '< "- "< '" ,.~. I ! H:\PLN.DIR\SHARED\WORD\ANNEX\Annexation 2001\8-28-01 Motion new.doc City of Corpus Christi, Planning Department 22AUG01 . --<'_._.._....~._---".---.__._,. .' Annexation Profile August 28, 2001 Page 13 Gulf of Mexico Water Area East of Aransas Pass, Area "E" Descriptive Location: An area containing 13,128 water acres, comprised of Gulf of Mexico waters, located to the east of the Port Aransas city limit line. Characteristics of the Area: Gulf waters, Demoaraphics: No permanent residents, non-developable area. Improvements in Place: None in place. Assessment of Needs: None Issues and Concerns: 1, If any development occurs (primarily mineral extraction), annexing this area will allow the City to control the quality of development and enforce zoning, building code, fire and police safety, and health and safety ordinances and encourage growth that is compatible with the sensitive environment of this area, H:\PLN-DlR\SHARED\WORD\ANNEX\Annexation 2001\8-28-01 Motion new.doc . - . Annexation Profile August 28, 2001 Page 14 '~r CORPUS CHRISTI BAY c~ ,:;- (, ~ ~ ~ ... " , (, ,,' " l' (, "," ~ c " ~ ~ .". C " ,f ,,<v ... ,,"" .:; o F ~XCHANGE PASS 2001 ANNEXATION PROGRAM CITY OF CORPUS CHRISTI, TEXAS Area "E" Oy~"; I I City of Corpus Christi, Planning Department. 22AUG01 H:\PLN-DIR\SHARED\WORD\ANNEX\Annexation 2001\8.28-01 Motion new.doc -T--"-"I'- T Annexation Profile August 28, 2001 Page 15 Remainina Portion of Mustana Island, North of Mustana Island State Park Area <OF" Tracts 3a, 3b, 4 and 5 (Note: Tracts 1 and 2 were annexed in 1999.) DescriDtive Location: An area comprised offour contiguous tracts of land containing 718 acres, more or less, and bounded on the north by the City limits of the City of Port Aransas, on the east and west of the Gulf of Mexico and Corpus Christi Bay, respectively and on the south the City of Corpus Christi. These four tracts are situated about one mile to the north of Mustang Island State Park, Characteristics of the Area: This is approximately a 3.2 mile stretch of Mustang Island extending from a point one mile to the north of Mustang Island State Park to the city limits of Port Aransas with all areas on the east side of State Highway 361. In addition to four private residences located in the area, the predominant development is nine condominium complexes with 682 condominium units, Out of the 3.2 mile frontage along the Gulf of Mexico, about one-third has been improved. The growth potential for this area appears to be excellent. This area will become part of the Single Member District No.4, if annexed. Tract 3.a: The Tract 3.a, with 143 acres and 0.6 miles of gulf beach frontage, is located 1 mile north of Mustang Island State Park, The Tract contains 76 residential units in two condominium developments: Mayan Princess - 60 units; and Admirals Row - 16 units, Tract 3.b: Tract 3.b, with 77 acres and 0.4 miles of gulf beach frontage, is located 1.5 miles north of Mustang Island State Park. The Tract contains 2 single family residences. Tract 4: Tract 4, with 207 acres and 1.0 miles of gulf beach frontage, is located 2 miles north of Mustang Island State Park, The Tract contains one single family residence and 3 condominium developments for a total of 257 units (Lost Colony- 45 units, Sand Piper - 106 units, Sea Gull- 105 units). Tract 5: Tract 5, with 291 acres and 1.2 miles of gulf beach frontage, is located 3 miles north of Mustang Island State Park. The Tract contains one single family residence and 4 condominium developments with a total of 350 units (Port Royal- 210 Units, Mustang Island Beach Resort - 32 units, Mustang Tower- 56 units, and Gulf Shores - 52 units), H:\PLN-DlR\SHARED\WORD\ANNEX\Annexation 2001\8-28-01 Motion new.doc , ~ , Annexation Profile August 28, 2001 Page 16 Demoaraphics: According to the 2000 Census, there were 273 permanent residents living in the area, Currently, there are 4 single-family residential units and 682 condominiums units for a total of 686 residential units. Improvements In Place: At the present time, the four tracts are provided water and wastewater services by the Nueces County Water Control and Improvement District No.4, The district purchases water from the City of Corpus Christi, which is provided through a water line extending along S. H. 361 from Park Rd 22 to the condominium units and continuing to Port Aransas. City of Corpus Christi wastewater lines are not accessible to this area. The City will continue to allow the current gas provider to continue natural gas service to this area, since their transportation line starts at the Corpus Christi Fish Pass and continues to Port Aransas. Assessment of Needs: The delivery of all typical services to this area would require additional Fire and Park and Recreation Department personnel. Nueces County Water Control and Improvement District #4 will continue to provide water and wastewater services to these tracts. H;\PLN-DlR\SHARED\WORD\ANNEX\Annexation 200 1 \8-28..Q} Motion new.doc .--".'. ----_.._-'--_.~- Annexation Profile August 28, 2001 Page 17 CORPUS CHRISTI BAY ~ " f " .," ,{ " " o F ~WAT(R EXCH,I,NC( PASS 2001 ANNEXATION PROGRAM CITY OF CORPUS CHRISTI, TEXAS Area "F" ... " ~ ~ ~ ~ " ~ .:; <<- " ~ ~~ ~ ~<<-" ,:; ,~~. ,I I H:\PLN-DIR\SHARED\WORD\ANNEX\Annexation 2001\8-28-01 Motion new.doc City of Corpus Christi, Planning Department. 22AUG01 1 . 1 29 ] r T' AGENDA MEMORANDUM DATE: August 15, 2001 SUBJECT: Storm Water Master Plan (Project No. 2083) AGENDA ITEM: A) Update on City Council Priority Issues Action Plan to evaluate the need for a Storm Water Drainage Utility. B) Motion authorizing the City Manager, or his designee, to execute an engineering contract in the amount of $1 ,048,480 with Goldston Engineering, Inc. for the Storm Water Master Plan Project. ISSUE: The City currently utilizes Master Plans that date back to 1946, 1961, 1970, 1982, and 1988, which result in use of inconsistent criteria without an adopted level of protection policy. The development of a comprehensive, updated, consistent Storm Water Master Plan based on an adopted Storm Water Criteria and Design Manual is necessary to respond to development, environmental issues and to better define and prioritize on-going and future drainage capital improvement projects. FUNDING: Funds for this project are available in the FY 2000-2001 Storm Water Capital Improvement Program. " Val rie Gray, EJ., Stb m Water Sup~rintendent 't ~ _ ,.,-) el R. Escobar, p, E., irector of Engineering Services Additional Supoort Material: Exhibit "A" Background Information Exhibit "8" Preliminary Project Budget Exhibit "C" Contract Summary Exhibit "0" City Council Priority Issues Action Plan Storm Water Master Plan Page 1 of1 H:\HOME\VELMAR\GEN\DRAINAGE\20B3_S-1\AGENDA.MMQ BACKGROUND INFORMATION SUBJECT: Storm Water Master Plan (Project No. 2083) PRIOR COUNCIL ACTION: 1. July 20, 1999 - Approval of the FY 1999-2000 Capital Improvements Program (Ordinance No. 023703). 2. July 25, 2000 - Approval of the FY 2000-2001 Capital Improvements Program (Ordinance No. 024130), PRIOR ADMINISTRATIVE ACTION: 1, June 23. 2000 - Distribution of Request For Proposals (RFP) No. 2000-02 - (Storm Water Master Plan Project) to 163 engineering and architectural firms (72 local and 91 non-local). 2. June 23, 2000 - Authorization to waive the 75/25 local participation policy, City Policy No. F-13, in the selection procedure. 3. Julv 19, 2000 - Addendum No, 1 to the Request For Proposals (RFP) No. 2000- 02 - (Storm Water Master Plan Project) to 163 engineering and architectural firms (72 local and 91 non-local), 4. AUQust 16, 2001 - Presentation of Storm Water Master Plan Project to the Storm Water Management Advisory Committee. FUTURE COUNCIL ACTION: 1. Ordinance adopting the Storm Water Criteria and Design Manual and the Storm Water Master Plan. 2. Motion authorizing City Manager, or his designee, to enter into an engineering contract for Phase 3 of the Storm Water Master Plan - Evaluation of Individual Storm Water Systems, identify deficiencies, and implementation plan. 3. Motion authorizing City Manager, or his designee, to enter into an engineering contract for Phase 4 of the Storm Water Master Plan - Financial analysis/services to develop alternative financing options for future Storm Water Capital Improvement Projects, PROJECT BACKGROUND: One of the issues identified at the City Council Retreat of May 2001 was to evaluate the need for a Storm Water Drainage Utility. In accordance with the City Council Priority Issues Action Plan (Exhibit "0"), City Council has re- appointed members to the Storm Water Management Advisory Committee (SWMAC) in July 2001. On August 16, 2001 the Storm Water Management Advisory Committee was presented with the Storm Water Master Plan Project. The Committee unanimously recommended the project be presented to the City Council and award of the contract. The following information was presented to the Committee by City staff: H:\HOMBVELMAR\GEN\ORAINAGE\2063\BACKGROUNDINFORMATION EXHIBIT "A" Page 1 of 3 - . Introduction/Project Scope . Project Phases . Project Objectives . Reasons for the Project . Project Participants . Phase 1 - Storm Water Criteria and Design Manual . Phase 2 - Storm Water Master Plan . Deliverables . Project Milestones . Participatory Role of the Storm Water Management Advisory Committee In order to continue with the proposed Action Plan, the consultant contract with Goldston Engineering, Inc. is proposed today. The City Council approved the Storm Water Capital Improvements Program (CIP) for FY 1999-2000 on July 20, 1999 (Ordinance No. 023703). Included were separate projects for drainage study in specific areas of the City, The need to integrate these individual drainage studies into a consistent, uniform analysis became evident and was approved in the Storm Water CIP FY 2000-2001 (Ordinance No. 024130). The City now utilizes Master Plans that date back to 1946, 1961, 1970, 1982, 1988 with inconsistent criteria and without an adopted level of protection policy. As a result it was proposed to integrate these projects into the FY 2000-2001 Storm Water CIP as Storm Water Master Plan Project. The development of a comprehensive, updated, consistent Storm Water Master Plan based on an adopted Storm Water Criteria and Desiqn Manual is necessary to respond to development, environmental issues and to better define and prioritize on-going and future storm water capital improvement projects. In order to proceed with the engineering work associated with the proposed project, Requests for Proposals (RFP) were distributed to 163 engineering and architectural firms (72 local and 91 non-local) on June 23, 2000. The following three (3) consultant teams submitted proposals: 1, Freese & Nichols Engineering 2. Goldston Engineering, Inc. 3, Lontos, p, E. & Thompson, P. E. (Joint Venture) All three (3) teams were deemed competent and able to complete the project. As a result of the submittal reviews and interviews, the team of Goldston Engineering, Inc. was selected as the most highly qualified team. The major factors contributing to the recommendation of the interview panel were as follows: . The team's familiarity with the project; . The team's expertise with similar projects involving storm water master plan projects; and H:\HOMEWElMAR\GEN\DRAINAGE\2063\BACKGRQUND1NFORMA liON EXHIBIT "A" Page 2 of 3 . The team is well balanced to address the project requirements, possesses good team compatibility, and substantial expertise. The Storm Water Master Plan Project will be prepared by the proposed consultant, Goldston Engineering, Inc., with City staff assistance; and will include input and direction from City Council, the Storm Water Management Advisory Committee, community stakeholders, and the public. The Project will be completed by the end of December 2002 and will include the following: . storm water policy and criteria development; . topographic mapping; . hydrologic and hydraulic analysis; and . long-term planning elements. PROJECT DESCRIPTION: This project consists of two phases. 1, Phase One will produce a Storm Water Criteria and Desiqn Manual to be adopted by Council action. The Manual will include policy statements for storm water management consistent with federal/state regulations and subdivision development, a level of protection and drainage design criteria that reflect the input of key stakeholders. 2. Phase Two will develop an updated, consistent Storm Water Master Plan for the City. The Master Plan will consist of map sheets at a scale of 1" = 400 I.f. with two foot contours based on L1DAR (Light Imaging Detection and Ranging) and aerial photography using USGS 1995 digital orthogonal rectified quarter- quadrangle base maps. The map sheets will reflect the results of the hydrologic and hydraulic modelling of the selected areas to include the parameters required for design of future capital improvement projects as well as land use development projects. CONTRACT SUMMARY/FEE: A contract summary and fee is attached as Exhibit "C". FINAL PRODUCT: The final product will be as follows: :>> Storm Water Criteria and Design Manual; and :>> Storm Water Master Plan of the City H:\HOME\VELMAR\GEN\ORAINAGE\2083\BACKGROUND1NFORMATIQN EXHIBIT "A" Page 3 of 3 1 I STORM WATER MASTER PLAN (Project No. 2083) Preliminary Project Budget August 15, 2001 FUNDS AVAILABLE: FY 2000 -2001 Storm Water CIP..................................................................... $1,121,388.80 FUNDS REQUIRED: Consultant (Goldston Engineering, Inc.)....... ...,.." "" ,." ,..,...,.........,................. Contingencies (5% )",." ".,.., ........... ............ ......., ,.""",."..".",.."."......., ,.,.... ... Administrative Reimbursements (1 % )....,............. ..... ............... ............... ........ Major Projects Activity.................,.,.,.""""""""",........................................... Incidentals (Printing, Federal Express).......................................,..,........,....... Total............,..,.,.""""""".................................."""",."..,..."..,..,..".,.".......,." H:\HOME\VELMAR\GEN\DRAINAGE\2083_S-1\BUDGET,WB2 1 1 1 $1,048,480.00 52,424,00 10,484,80 5,000.00 5,000,00 $1,121,388,80 EXHIBIT "B" Pace 1 of 1 CONTRACT SUMMARY STORM WATER MASTER PLAN 1. SCOPE OF PROJECT The City of Corpus Christi recognizes that drainage study analysis throughout the city needs to be performed in a consistent, uniform, and integrated manner. Thus, the funding for the "Storm Water Master Plan Project" was approved in the Storm Water Capital Improvements Program (CIP) for Fiscal Year (FY) 2000-2001. Past use of Storm Water Master Plans that date back to 1946, 1961, 1970, 1982 and 1988 has resulted in the use of inconsistent criteria without an adopted level of protection and policies. However, now that Storm Water CIP FY 2000-2001 has been approved, the separate plans and studies of the past can be integrated into a new Storm Water Master Plan Project. The Storm Water Master Plan Project will be divided into two phases. Phase 1 will be the Storm Water Criteria and Design Manual; and Phase 2 will be the Storm Water Master Plan. 2. SCOPE OF SERVICES The AlE hereby agrees, at its own expense, to provide engineering services necessary to complete the Storm Water Master Plan Project for the City. In addition, AlE will provide monthly status updates (project progress or delays, Gantt charts presented with monthly invoices) as described in Exhibit A, A-1 and A-2, to complete the Project. Work will not begin on Additional Services until requested by the AlE (provide breakdown of costs, schedules), and written authorization is provided by the Director of Engineering Services. 3. PROJECT SCHEDULE ACTIVITY DURATION (DAYS) Project Start Up 30 days 10/15/01 Level of Protection Research & Evaluation 45 days 01/15/02 Policy Review and Recommendations 20 days 04/15/02 Drainage Criteria Guidance 30 days 07/15/02 Stakeholder Input 60 days 07/15/02 Storm Water Criteria and Design Manual 90 days 12/15/02 Storm Water Master Plan 270 days 12/15/02 EXHIBIT "C" Page 1 of 2 H:\HOMEWELMAR\GEN\ORAINAGE\20B3\CONTRACTSUMMARY 1 ,- T '" 4. FEES A. Fee for Basic Services. The City will pay the NE a fixed fee for providing for all "Basic Services" authorized as per the table below. The fees for Basic Services will not exceed those identified and will be full and total compensation for all services outlined in Section IA above, and for all expenses incurred in performing these services. For services provided in Section I.A., NE will submit monthly statements for basic services rendered. In Section lA, the statement will be based upon NE's estimate (and City Concurrence) of the proportion of the total services actually completed at the time of billing. City will make prompt monthly payments in response to NE's monthly statements. B. Fee for Additional Services. For services authorized by the Director of Engineering Services under Section I.B. "Additional Services" the City will pay the NE a not-to-exceed fee as per the table below: c. Summary of Fees Fee for Basic Services 1. Phase One - Storm Water Criteria and Design Manual $216,365 2. Phase Two - Development of Storm Water Master Plan $740,820 (includes L1DAR flight) Subtotal Basic Services Fees $957,185 Fee for Additional Services (Allowance) 1. Topographic Survey $52,500 2. Additional Travel (8 one-day meetings) $38,795 Sub-Total Additional Services Fees Authorized $91,295 Total Authorized Fee $1,048,480 EXHIBIT "c" Page 2 of 2 H:\HOME\VElMAR\GENIORAINAGE\20B3\CONTRACTSUMMARY '--' T r City Council Priority Issues Action Plan City Council Goal: Evaluation of the Need for a Storm Water Drainage Utility Proposed Action Plan (with time line and actions completed): 1. Council to reappoint Storm Water Management Advisory Committee (SWMAC) - Jul 2001 2, Review current system for providing Storm Water drainage services - Aug/Sep 2001 Funding under current mechanism Storm Water System Maintenance & Operations Capital Improvement Program (CIP) Texas Pollutant Discharge Elimination System Permit (TPDES) permit programs and requirements Examine findings of Drainage Master Plan (CIP) project a. Identify existing service levels and community demands - Oct 2001 b. Determine level of service and design standards - Dec 2002 c. Adoption of new standards by Council - Jan 2003 d, Reprioritize drainage CIP projects - on-going 3. Compare ability of the existing funding system to meet future needs - Mar 2002 4. Review alternatives for funding Storm Water services - May 2002 5. Recommend implementation plan to effectively meet Storm Water services demand - Jun 2002 Background Summary: Prior to 1989 the City of Corpus Christi relied upon the General Fund to support Storm Water operations. Presently, Water Fund revenues support Storm Water operations. Water service is distinctly separate from storm water drainage service, and the system of funding needs to be reviewed, The Texas Municipal Drainage Utilities Systems Act was amended in 1989 to provide enabling powers to all municipalities for utility formation. Numerous cities have already established storm water drainage utilities to support their dr~inage programs. Storm Water utility establishment is the most equitable means of allocating EXHIBIT "D" Page 1 of 3 1 r T - storm water management costs because rates will be related to drainage. Revenues can be used to support all aspects of a comprehensive storm water management program (administration, operations/maintenance, infrastructure repairlreplacement, capital improvements, water quality management, and National Pollutant Discharge Elimination System (NPDES)/Texas Pollutant Discharge Elimination System (TPDES) permit compliance). Prior Council Action: 12/14/93: 07/18/95: 09/12/95: 11/28/95: 04/16/96; 07/23/96: 06/17/97: 5/99: 6/22/99 : 9/99: 5/2001: . -" City Councii passed a resolution directing the City Manager to initiate steps to establish a drainage utility and design a utility fee, City Council adopted a resolution directing the scheduling of a public hearing on creation of a drainage utility, City Council passed a resolution canceling the public hearing on the proposed drainage utility scheduled for September 12, 1995. City Councii appoints 9-member Drainage Utility Ad Hoc Committee with a mission to recommend a service level plan for drainage services and a schedule of rates and charges that would provide the revenues necessary to support that level of service. Committee's motion to send mission statement back to City Council for clarification scheduled on April 16, 1998 City Council agenda; City Council passed a motion to instruct drainage utility Ad Hoc Committee to come back to the Council with a recommendation on an equitable drainage utility rate structure for City customers and to include any other recommendations the committee may make. Drainage Committee presented its recommendation to the City Council not to establish a drainage utility; Council took no further action. City Council passed an ordinance establishing an 11-member Storm Water Management Advisory Committee to advise to Council on activities related to the City's NPDES permit; the Committee was to be abolished on June 17,1999. Council identified priority issue which included establishing a Drainage Utility and staff prepared an action plan proposing initiation of charges for April 2000, Council amended ordinance establishing Storm Water Management Advisory Committee to continue the Committee's existence and include an additional duty - to advise Mayor and Council on establishment of a drainage utility, Staff prepared a summary survey of services and fees and a presentation highlighting a revenue neutral approach in developing a Storm Water Drainage Utility and fees based on lot sizes and not water usage or impervious surface, Council identified a Storm Water Utility as one of its continuing priority issues, EXHIBIT "D" Page 2 of 3 - Required Resources: No funding is required for the evaluation of the need for a Storm Water Drainage Utility. Funding Sources: FY2000101 and FY2001/02 Storm Water Operating Budget City Council Action Required: Adoption of Ordinance establishing a Storm Water Drainage Utility Adoption of Storm Water Drainage Utility Fee Ordinance Attachments: 1 ,. T EXHIBIT "D" Page 3 of 3 30 1 " 'l' " CITY COUNCIL AGENDA MEMORANDUM August 28, 200 I AGENDA ITEM: Consideration of authorization to proceed with actions to acquire the Garwood pipeline route. ISSUE: The Nueces River Basin and South Texas have been experiencing a period of protracted drought. Lake Corpus Christi and Choke Canyon Reservoirs have continued to decline and are currently below thirty percent combined capacity. Though the Mary Rhodes Pipeline has made the City of Corpus Christi water system more drought tolerant, the development of a previously acquired water source, the Garwood Water Rights from the Colorado River, must be evaluated. Prior City Council Action: Acquisition of 35,000 acre-feet of senior water rights on the Colorado River in the Bay City area from the Garwood Irrigation Company. Background Summary: Inter basin transfer of water is already a part of the Coastal Bend Region's water supply. In 1999, the Mary Rhodes Pipeline was completed to deliver 41,840 acre-feet/year from Lake Texana in the Lavaca-Navidad River Basin to the City of Corpus Christi O. N. Stevens Water Treatment Plant in the Nueces River Basin. The transmission facilities were designed in anticipation that additional surface water owned or purchased by the City of Corpus Christi outside the Nueces River Basin would be pwnped to the Coastal Bend Region via the Lavaca-Navidad River Authority's West Water Delivery System and the City of Corpus Christi's Mary Rhodes Pipeline (hereinafter referred to as the Texana Pipeline). In September 1992, the City of Corpus Christi entered into an option agreement for the potential purchase of up to 35,000 acre-feet/year from the Garwood Irrigation Company. The Garwood Irrigation Company (Garwood) held the most significant senior water right in the Lower Colorado River Basin, with a priority date of November 1, 1900. This water right authorized the diversion of 168,000 acre-feet/year from the Colorado River at a maximwn rate of750 cfs, or 1,488 acre-feet per day. Most of Garwood's service area lies outside the Colorado River Basin, and currently uses a large part of its right for irrigation ofland that is located in the Lavaca-Navidad River Basin. In 1993, the Texas Natural Resource Conservation Commission (TNRCC) authorized an amendment to Garwood's water right that allows for the use of 35,000 acre-feet of its right to be used for municipal and industrial purposes. On October 7, 1998, the rnRCC approved the City of Corpus Christi's purchase of the 35,000 acre-feet/year from the Garwood Irrigation Company, herein referred to as the Garwood Purchase. The amendment of the certificate of adjudication authorizes the City of Corpus Christi to diver! 35,000 acre-feet/year from the Colorado River for irrigation, municipal, and industrial purpose at a rate not to exceed 150 cfs. The certificate also subordinates the 35,000 acre-feet/year to the remaining portion of the original Garwood Irrigation water right by giving it a priority date of November 2, 1900. - During the TNRCC permitting of the Texana Pipeline facilities on the U. S. Bureau of Reclamation (USBR) property at Lake Texana, the USBR indicated that it would exclude the Colorado River water purchased by the City of Corpus Christi from entering Lake Texana and this restriction was placed in the TNRCC permit authorizing Corpus Christi's use of the Garwood water. This requirement requires routing the pipeline and transmission facilities around Lake Texana, a diversion site near Bay City, and joining the pipeline from the Colorado River to the Texana Pipeline. The diversion site is located at an existing diversion dam near Bay City, and a pipeline to Lake Texana is needed to deliver the water to the Texana Pipeline at a point just downstream of Lake Texana for transmission to Corpus Christi (hereinafter referred to as the Garwood Pipeline). Two options are available for delivering the Garwood Purchase to the Texana Pipeline, which are as follows: 1. Deliver the water at a peak diversion rate directly from the Colorado River to the Texana Pipeline. 2. Deliver the water at a uniform annual rate to the Texana Pipeline, utilizing an off channel storage site near the Colorado River diversion site. Delivery of the Garwood Purchase at a peak diversion rate directly to the Texana Pipeline requires the capacity in both the Garwood Pipeline and the Texana Pipeline to pump a maximum diversion rate from the Colorado River during periods of high flow. In order to accomplish the second delivery option, the water must be "finned up" during periods of drought when it is not available directly from the Colorado River. One option for "firming up" the water is to utilize an off channel storage site, such as a ring-dike reservoir, which is evaluated in this section. The Colorado River water is diverted at a maximum rate during times of high flow, and is stored in the ring-dike reservoir. This provides a dependable water source during periods of drought for uniform delivery of the Garwood Purchase to the Texana Pipeline. Total project costs depending on delivery option selected range from $75M to $85M. Total annual costs range from $8.8M to $9.1M. Annual cost of water ranges from $253 per acre-feet ($0.78 per 1,000 gallons) to $259 per acre-feet ($0.79 per 1,000 gallons). RECOMMENDATION: Staff recommends consideration of authorization to proceed with actions to acquire the Garwood pipeline route. ~~ Eduardo Garafta, P. E. Water Superintendent Attachment: Presentation '[Excerpts from Coastal Bend Regional Water Planning Area - Regional Water Plan - Volume II: Water Management Strategies; 1/200 I] 1 . . GARWOOD PIPELINE Water from the Colorado River History Implementation Issues Engineering and Costing Staff Recommendation WATER DNPAR'1'h6tVT History • 1990 Nueces River Basin Water Planning Study developed new model of Nueces and Lower Nueces River Basin. Results showed significantly lower firm yield mostly due to fresh water inflow operating order. • 1991 Regional water planning study looked at availability of additional water supplies in Lavaca -Colorado Basins. • 1992 Option agreement for 35,000 of/yr from Garwood irrigation Co. (senior rights). • 1993 TNRCC authorized 35,000 of/yr for municipal & industrial purposes. • 1998 TNRCC approved City's purchase of the Garwood water. TNRCC Amendment to Certificate of Adjudication • Authorizes the City to divert 35,000 of/yr from the Colorado River for irrigation, municipal, and industrial purposes at a rate not to exceed 150 cfs0 • Subordinates the 35,000 of/yr to the remaining portion of the original Garwood water rights with priority date of November 2, 1900. 77 { VGiCrafJ{J-k 7. 2r .k aM ".d �� � i � - „� i�1-t' 1 ��e •�c.R, aim bE14 1 s �' RIYBR8�11i ~ (iARWO C A r RIO �/ \ T =• y n —, Lavace-Na idad River B sin k .38 R A\ I Basin z s EAGLE",," PASS �-�� \ �: _ ' Lake Te xana x .f . �ti, ' Completed - 1980 { 1 — Nueces- �� River Basin 101 -Mile Mary Rhodes pe ORPUS C i Pipeline WATER = Y CHRISTI Completed - \.����J - ��P LAREDO I I / :. , . 1998 Garwood Irrigation Co t: A—:- Water Rights Purchase �►USfI�`"'A Completed - 1999 X F ` �4 . T bE14 1 s �' RIYBR8�11i ~ (iARWO C A r RIO �/ \ T =• y n —, Lavace-Na idad River B sin k .38 R A\ I Basin z s EAGLE",," PASS �-�� \ �: _ ' Lake Te xana x .f . �ti, ' Completed - 1980 { 1 — Nueces- �� River Basin 101 -Mile Mary Rhodes pe ORPUS C i Pipeline WATER = Y CHRISTI Completed - \.����J - ��P LAREDO I I / :. , . 1998 Delivery via Mary Rhodes Pipeline • Two options for delivering water to Pipeline — at "peak diversion rate" directly from the Colorado to the Pipeline. — at "uniform annual rate" to Pipeline, using off channel storage site (reservoir). Engineering &Costing • "Peak Delivery Rate Option" from Colorado River to Bay City to Texana Pipeline requires: — surface water intake and pump station near Bay City; — transmission pipeline (41) miles) from Colorado River to terminal storage tank at the Texana Pipeline intake pumping station; — junction piping and appurtenances to tie the Garwood pipeline to the Texana Pipeline. — upsized Texana Pipeline intake and intermediate pumping stations. WATER Engineering & Costin9 (continued) • "Uniform Delivery Rate Option" from off channel storage reservoir near Bay City requires: — surface water intake and pump station near Bay City; — transmission pipeline from Colorado River near Bay City to an off channel storage site near Bay City; — surface water intake and pump station at the off channel storage site; — transmission pipeline (36 miles) from the off channel storage site to a terminal storage tank at the Texana Pipeline intake pumping station, and; — junction piping and appurtenances to tie the Garwood pipeline to the Texana Pipeline. Cost Estimate Summary Item Capital Cost Other Cost Total Project Cost Annual Cost Option Peak Uniform Delivery $55.648 26.602 $83.250 Delivery $50.079 24.931 $75.010 $ 9.064 Project Yield (af) 35,000 Cost per of $ 253 $ Cost (per 1,000 gallons) $ 0.78 $ 35,000 259 039 Staff Recommendation • Develop a RFP for professional services to develop a "Routing Plan" and acquire the necessary ROW • Explore the benefits of partnering with other entities 31 . _r - CITY COUNCIL AGENDA MEMORANDUM August 28, 2001 AGENDA ITEM: Consideration of authorization to proceed with actions to develop water desalination facilities. ISSUE: The Nueces River Basin and South Texas have been experiencing a period of protracted drought. Lake Corpus Christi and Choke Canyon Reservoirs have continued to decline and are currently below thirty percent combined capacity. Though the Mary Rhodes Pipeline has made the City of Corpus Christi water system more drought tolerant, the development of other potential water sources must be evaluated. Since Corpus Christi lies on the coast, the development of desalination plant has been studied. At this time, consideration of authorization to proceed with actions to develop water desalination facilities should be considered. BACKGROUND: lThe project as detailed in the Coastal Bend Regional Water Planning Group's Water Plan is proposed as a 25 mgd plant with the ability to increase in size by utilizing a modular design and construction concept. Two options, Seawater Desa1ination & Combined Seawater and Brackish Groundwater Desalination, were presented in the Plan. Seawater Desalination This option provides for a major desalination water treatment plant on the Texas coast and the infrastructure for transferring potable water from the coast to the major municipal demand center of Corpus Christi. The proJXlsed seawater desa1ination facility will be located next to the Barney M. Davis Power Station between the Laguna Madre and Oso Bay in south Corpus Christi. The Barney Davis Power Station is a once-through cooling water power plant with an existing reported cooling water flow of 467 MGD (521 MGD maximum capacity). Cooling water is diverted from the Laguna Madre and returned to Oso Bay. Drawing the source water from the JXlwer plant discharge eliminates the need to draw additional flow from the bay for cooling water to the JXlwer plant and supplies feedwater with an increased temperature that is beneficial for the RO process. For the seawater only estimate, a separate RO concentrate disposal outfall is included to pipe the RO concentrate to the open Gulf of Mexico. The outfall would cross the Laguna Madre and Padre Island and extend into the Gulf to be diffused in water over 30 feet deep. Sea grass covers the majority of the bay between the mainland and the barrier island. Therefore, costs for appropriate mitigation are included assuming that half of the concentrate pipeline will be located through sea grass beds. Combined Seawater and Brackish Groundwater Desalination This evaluation considers including brackish groundwater as a raw water source or as a supplement to seawater. Brackish groundwater has the benefits of needing little or no pretreatment and lower concentrations of salinity than seawater. The estimate assumes that 18 MGD of brackish groundwater will - be available from the combined use ofNueces county well fields. Infrastructure includes two well fields, brackish raw water transfer pumps and pipelines, desalination plant, and finished water transfer pumps and pipelines from the coast to the major municipal demand center of Corpus Christi. The location of the estimated desalination facility is the same as for the previous seawater desalination facility in subsection SA. 16.4.1 next to the Barney M. Davis Power Station. Seawater is to be diverted from the cooling water intake drawing water from Laguna Madre. However, for this combined seawater and brackish groundwater option it is assumed that the lower salinity concentrate from the combined water desalination process will be discharged back to the power station cooling water outfall and returned to Oso Bay. No costs for a concentrate discharge pipeline to the open ocean have been included. Total Project Costs for a 25 MGD Plant depending on option selected range from $178M to $219M. Total annual costs range from $29M to $33M. Annual cost of water ranges from $1,041 per acre-feet ($3.19 per 1,000 gallons) to $1,168 per acre-feet ($3.59 per 1,000 gallons). RECOMMENDATION: Staff recommends consideration of authorization to proceed with actions to develop water desalination facilities. ~~ Eduardo Garaiia, P. E. Water Superintendent Attachments: Presentation I [Excerpts from Coastal Bend Regional Water Planning Area - Regional Water Plan - Volwne II: Water Management Strategies; ] /200 I] , T , Seawater Desalination For Coastal Bend Water Supply Presentation to: Corpus Christi City Council August 28, 2001 With information from: SB1 Coastal Bend Regional Water Plan Mark Graves, HDR Engineering, Inc. Presentation Outline • Review of Planning Studies • Technology Overview • Tampa Bay Water Desalination Projects • Corpus Christi Area Cost Studies • Trends Desalination Investigations for the Coastal Bend Area • Desal Studied Extensively in the Context of Regional Water Planning for the Coastal Bend — City/Regional Initiatives: • "Alexander Potter Report," 1914: $.22/kgal • Stone & Webster Study, 1984: $5.50 - $7.00/kgal • NEI/Subcommittee Report, 1991: $4.00 - $6.00/kgal • Regional Water Task Force, 1996: $4.00 - $6.00/kgal — State Initiatives: • Trans -Texas Study, 1995: $5.00 - $6.00/kgal • SB1 Regional Water Plan, 2000: $2.00 - $4.00/kgal New Reference Cost: Tampa Bay Water, 1999: $2.08/kgal Desalination Technologies • Electrodialysis Reversal (EDR) - Water with less than 3,0000 mg/l TDS • Distillation (thermal) Processes - Only seawater - Expensive - Energy intensive • Reverse Osmosis - Versatile - Decreasing costs • Experimental (Le., Carbon Aerogel, Rapid Spray Distillation) - Mostly laboratory & bench -scale testing - No "real-world" data - Unknown costs 1,600 1,400- 1,200- .F ,400 - 1,200 - .F CL 1,000 w �n L 800- 8 E m 600- 400- 200- 0- Seawater 00-400-200- 0- Reverse Osmosis Operational Parameters 500 to 3,500 3,500 to 10,000 Feedwater TDS (mg/L) 10,000 to 50,000 Seawater 25 to 55% Recovery Standard Pressure 50 to 85% Recovery Low Pressure 50 to 85% Recovery 500 to 3,500 3,500 to 10,000 Feedwater TDS (mg/L) 10,000 to 50,000 History and Status of TBW Desal I Project • 1992-96: Tampa area regional water agency begins background studies on seawater desalination • May 1996: Procurement process initiated May 1997: TBW pre -qualifies five developer groups Dec. 1997: Proposals received • July 1998: TBW initiates simultaneous negotiations with four developers • Aug. 1998: Final Binding Offers received • March 1999: TBW approves top-ranking developer • July 1999: TBW approves Water Purchase Agreement with S&W Water, LLC (S&W) History and Status of TBW Desal I Project • July 1999: 4th ranked developer files protest • Nov. 1999: Contract award protest dismissed • Dec. 1999: S&W files NPDES permit application • Dec. 2000: NPDES application adminstratively complete • Feb. 2001: Draft NPDES permit issued • Mar. 2001: Public hearing on NPDES permit • Apr. 2001: Notice of intent to issue NPDES permit • May 2001: Challenges filed to NPDES permit issuance • May 2001: TBW issues interim financing to keep project on schedule • TBD: Start of construction • Dec. 31, 2002: Completion Deadline TBW Desal II Project • 2001: TBW includes a 2nd 25 MGD seawater desal facility in their Master Water Plan (Desal H) • TBW awards PB Water a Phase I Siting/Feasibility Study contract for Desal II • PB Water uses Siting/Costing model to get Phase I estimates: — Gulf of Mexico Location $4.26/kgal — Anclote River Estuary* $3.71/kgal — Tampa Bay Location* $3.15/kgal — Anclote Power Station* $3.02/kgal — Bartow Power Station* $2.78/kgal ❖ PB Water notes that these sites may be difficult to permit • TBW awards Phase II contract ($9 million) to PB Water to select site, develop procurement process (DBO preferred), coordinate public participation process and do preliminary (30%) engineering design SB1 Desalination Cost Studies for the Corpus Christi Area N O LWOW Req m N Btl11EYy cam Bow4my W"r Rrrvob COrhIWW� 0 cl /V R m wd sv..m. o 25 50 AEP Barney Davis Plant -Case 25 MGD, $0.06/kWhr power, 29 mile delivery Total Project Costs Annual Costs —Debt service (6% / 30 years) —O&M —Desalination Plant Power Total Finished Water Unit Cost $219,835,000 $15,970,000 $10,2709000 $67480,000 $321720,000 $32,720,000 = $1,170/acftlyr ($3.60 /kgaQ 28,000 acft/yr AEP Barney Davis Plant -Case II 25 MGD, $0.04/kWhr power, 5 mile delivery Total Project Costs Annual Costs — Debt service (6% / 30 years) — O&M — Desalination Plant Power Finished Water Unit Cost $179,0007000 $13,000,000 $9,660,000 $4,320,000 Total $26,980,000 $2699809000 = $964/acft/yr ($2.96 /kgaf) 28,000 acft/yr AEP Barney Davis Plant -Case III Combined Brackish/Seawater Desalination 25 MGD, $0.06/kWhr power, 5 mile delivery Total Proiect Costs Annual Costs — Debt service (6% / 30 years) — O&M — Desalination Plant Power Finished Water Unit Cost $1990959000 28,000 acft/yr 123,990,000 $ 99010,000 $6,245,000 $398 000 Total $19,0959000 $682/acft/yr ($2.09 /kgal) [Note: @$0.04/kWhr power, costs are $621/acft/yr ($1.90/kgal)] Anticipated Cost Reductions in Seawater Desalination Em 0 $1,100 $1,050 $1,000 4: w $950 $900 $850 $800 Power Cost Impact Power = $0.06/kWh Power = $0.04/kWh 0 20,000 40,000 60,000 80,000 acfflyr 100,000 120,000 - - ~ s... :J Q) 0 -- 0) CO en ~ c: .- s... Q) ~ Q) .- :::J E .c -- s... 0 en Q) en a. .c 0 00 e -- -- I .- 00 - ~E co 0 0 s... 0 e s...Q) -- 0 -- Q) Q)-- c c ....... 0 . ..... --00 0 co ~ co~ 0 0 ~UJ .- -- -- e ....... Q) Q) .- co -- COc -- 00 co Q)o ~ .- -- :J - ....... s... UJ+:; co -- Q) 0" e c "C:J a. 0 en Q) Q) Q):9 0 co Q) 0 -- s... s... 00 E c --- - 0 co 00 "C Q) "C 0 00.- 00 - -- - OQ) Q)"C .- ~ Q) Q) -- :J 00 .- 'l-C "Cc 0 .0 ~ - 0._ .- s... c.. - ClUJ 0 ~ "C -Q) C ~ COo. .~ Q) s... c E 00._ ~ Cl :J .- "Co .- :J 00. cs... 00 e 0" - a."C Q):J 0 Q) (!) <( 00 -0 a.. 0 .- c moo Oco . . . . . . T . r . Desalination vs. Other Options SS1 Regional Water Pian Yield 0 10,000 309000 60,000 acftlyr 28,000 (25 MGD) Up to 112,000 (100 MGD) Unit Cost $893 100 MGD 0 440 7r�►Oile., $0.04 1,600 $/acft/yr $682 Combined 25 MG® 5 miles, $0.06 $1,168 25 MGD 29 miles, $0.06 Staff Recommendation • Develop an RFP for professional services to prepare a siting plan/feasibility analysis for a desalination facility • Explore the benefits with partnering with other entities 32 T , . CITY COUNCIL AGENDA MEMORANDUM August 24, 2001 AGENDA ITEM: Amending the Code of Ordinances, City of Corpus Christi, by revising Article XII, Water Conservation, of Chapter 55. Utilities. to reorganize and expand the water conservation contingency measures; providing for penalties; providing for severance; and providing for publication. ISSUE: In accordance with the Texas Natural Resource Conservation Commission Agreed Order of April 2001 the City amended its water conservation ordinance to include automatic conservation measures at 50%. 40%, and 30% of reservoir capacity. The Agreed Order provided increased flexibility in implementing other measures. This ordinance would further amend the conservation ordinance to better meet current drought conditions as follows: (I) Simplify the process of implementing automatic water conservation measures as identified in the TNRCC Agreed Order of April 200 I, and refine notice requirements. (2) Eliminate specific conditions triggering actions; instead the City Manager can implement any or all of a variety of measures based on current conditions. (3) Direct the City Manager to prepare an implementation plan, which will be provided to City Council before any measures are implemented. (4) Add restrictions on watering foundations and recreational water use. (5) Clarify penalty provisions, and add sanctions that a person who fails to respond to a citation or summons issued under the water conservation article may have their water service discontinued. RECOMMENDATION: Approval of the ordinance as submitted. ~~ ~~ Eduardo Garafia, P. E. Water Superintendent - AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, BY REVISING ARTICLE XII, WATER CONSERVATION, OF CHAPTER 55, UTILITIES, TO REORGANIZE AND EXPAND THE WATER CONSERVATION CONTINGENCY MEASURES; PROVIDING FOR PENALTIES; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Section 55-152 of the Code of Ordinances is revised to read as follows: Sec. 55-152. Automatic water conservation measures. (a) When combined storage in the Choke Canyon/Lake Corpus Christi Reservoir System ("Reservoir System Storage") falls below 50% of Reservoir System Storage capacity: (1) The City Manager shall issue a public notice informing water users of the Corpus Christi water supply region of voluntary conservation measures that are requested immediately and required drought management measures that must be taken if the amount of water in the reservoirs falls to under 40% of Reservoir System Storage capacity and when the amount of water in the reservoirs falls to under 30% of Reservoir System Storage capacity. (2) No person mav: A. Allow water to run off yards or plants into autters or streets. B. Permit or maintain defective plumbina in a home. business establishment or any location where water is used on the premises. Defective plumbina includes out-of-repair water closets. underaround leaks. defective or leakina faucets and taps. C. Allow water to flow constantly throuah a tap. hvdrant. valve. or otherwise by any user of water connected to the City system. (b) To the extent of the City's legal authority, the City Manager shall require the City's wholesale customers to issue public notice advising their water customers of voluntary conservation measures that are requested immediately and required drought management measures that must be taken if the amount of water in the reservoirs falls to under 40% of the Reservoir System Storage capacity and when the amount of water in the reservoirs falls to under 30% of the Reservoir System Storage capacity. (e) A3 800n 83 pr8Gticsble aftaf the Ci~ Manager'! deterrninstion that l1e8e~oif Cy3ton I Otorage "as hlilen oelo'" 40% of rk3cr.oir Gystem otof'8ge capacity, When combined R13745A8.wpd 1 I T 2 storace in the Choke Canvon/Lake CorPus Christi Reservoir Svstem ("Reservoir Svstem Storace") falls below 40% of Reservoir Svstem Storace caoacitv. the City Manager shall issl:Ie oublish a public notice in a daily newspaper of general circulation in Nueces County when the City Manacer determines that the amount of water in storage has fallen below 40% of Reservoir System Storage capacity. From the date of publication of the notice until the date the notice is rescinded by the City Manager, no person may use water for irrigation of vegetation between the hours or 10:00 a.m. and 6:00 p.m. (d) It shall be a defense to prosecution of a violation under subsection(c) of this section that the use of water was for one of the following purposes and the City Manager had specifically authorized the use of water for the purpose on the date of the violation: (1) The water was used, at the minimum rate necessary, for the establishment and maintenance of commercial nursery stock and applied using: a. A hand held hose equipped with a positive shutoff nozzle. b. A sprinkler system. c. A drip irrigation system equipped with an automatic shutoff device. d. A soaker hose, which does not spray water into the air, equipped with an automatic shutoff device. e. A root feeder equipped with an automatic shutoff device. f. A hand held bucket or watering can. (2) Wastewater treatment plant effluent, graywater, well water (which is not mixed with any water from the City's water supply), or other water not obtained from the City water system was used, if a permit was obtained from the City Manager and a sign was posted stating that the water used for irrigation is wastewater effluent, graywater, water from a permitted private well, or water that was not obtained from the City's water supply. (3) The water was used for short periods of time for testing related to the installation, maintenance, and repair of sprinkler systems. (4) The water was used for irrigation of vegetation on a large parcel of land or unique botanical institution, such as the Corpus Christi Botanical Gardens and Blucher Nature Center, in conformance with a special watering plan, specifically approved for that parcel by an official designated by the City Manager. The official approving any special watering plan shall ensure that the plan achieves similar water conservation goals to the mandatory conservation measures applicable to other customers under this subsection. R13745AB.wpd ~_.. - 3 (e) A3 goon 83 pfsctic8ble after the City Managc.rJ3 detern,inatioFl that the aFnotJnt of nater in the re!ervoirs hag fallen belon :JO~b of r1.e3ervoir Cystem CtOf8gC. cap8cit), When combined storaae in the Choke Canvon/Lake Corcus Christi Reservoir Svstem ("Reservoir Svstem Storaae") falls below 30% of Reservoir Svstem Storaae caoacity. the City Manager shall publish notice in a daily newspaper of general circulation in Nueces County when the City Manaaer determines that the amount of water in reservoirs has fallen below 30% Reservoir System storage capacity and publish a lawn watering plan that allows customers to water lawns no more often than every five days, while maintaining the prohibition on using water for irrigation between 10:00 a.m. to 6:00 p.m. (f) From the date of publication of the notice and plan, until the date the notice and plan are rescinded by the City Manager, no person may use water for irrigation of a lawn, except on a day lawn water is authorized under the lawn watering plan. (g) It shall be a defense to prosecution of a violation under subsection (f) of this section that the use of water was for one of the following purposes and the City Manager had specifically authorized the use of water for the purpose on the date of the violation: (1) The water was used, other than during the hours between 10:00 a.m. and 6:00 p.m., for irrigation, at the minimum rate necessary, for the establishment of newly planted lawns within thirty (30) days of planting. (2) Wastewater treatment plant effluent, graywater, well water (which is not mixed with any water from the City's water supply), or other water not obtained from the City water system was used, if a permit is obtained from the City Manager and a sign is posted stating that the water used for irrigation is wastewater effluent, graywater, water from a permitted private well, or water that was not obtained from the City's water supply. (3) The water was used, other than during the hours between 10:00 a.m. and 6:00 p.m., for irrigation, at the minimum rate necessary, for maintenance of golf course greens and tee boxes. (4) The water was used for irrigation on a large parcel of land or unique botanical institution, such as the Corpus Christi Botanical Gardens and Blucher Nature Center, in conformance with a special watering plan, specifically approved for that parcel by an official designated by the City Manager. The official approving any special watering plan shall ensure that the plan achieves similar water conservation goals to the mandatory conservation measures applicable to other customers under this subsection. (h) This section shall only be effective at any time the City is entitled, under to Order of the Texas Natural Resource Conservation Commission under Certificate of Adjudication No. 21-3214, to (1) reduce targeted inflows of water to Nueces Bay to 1200 acre feet R13745A8.wpd 4 when Reservoir System Storage falls below 40% of capacity, and {2) suspend targeted inflows below 30% of capacity. (j) Copies of the notices published bv the City Manaaer under this section shall be filed with the City Secretarv. The City Secretarv shall send a coov of the notice to each member of the City Council and a certified copy of the notice to the iudaes of the Municipal Court. Ii) Courts shall take iudicial notice of the notices oublished bv the City Manaaer under this section. and the notices may be read into evidence without oleadina or proof. SECTION 2. Section 55-153 of the Code of Ordinances is revised to read as follows: Sec. 55-153. Water conservation measures. (a) The Assistant City Manager for rub lie '....orks al,d Utilities shall pron ,tllgate develop guidelines, based upon the recommendations of the Water Suoerintendent and Assistant City Manaaer for Public Works and Utilities. which shall set forth the criteria for determining when ~particular water conservation stage is to measures should be implemented and terminated based on water available in the City's reservoir svstem. other available water resources. the needs of customers. human life and health concerns. the effect water conservation measures on the iobs of residents of the area. and the effect on the lona term viability of local businesses and industries. (1) The guidelines shall be updated when, in the opinion of the Assistant City Manager tor rtlblie '.'v'tlrks and Utilities, the conditions of the water system have changed so as to necessitate such update. (2) The guidelines shall be published and filed in the office of the City Secretary. (b) The City Manaaer. in the exercise of the City Manaaer's discretion may implement any or all of the water conservation measures the City Manaaer deems necessarv at any oarticular time. 11 \ The City Manaaer shall notify the members of the City Council before imolementina any measures under this section. 12\ The City Manaaer shall publish notice in a dailv newspaoer of aeneral circulation in Nueces County when each water conservation measure takes effect. 13\ Cooies of the notices published bv the City Manaaer under this section shall be filed with the City Secretarv. The City Secretarv shall send a coov of the notice to each member of the City Council and a certified coov of the notice to the iudaes of the Municioal Court. R13745AB.wpd 1 ~ ~ 5 {gL The use or withdrawal of water from the water supply system of the city for the following purposes or uses is hereby regulated during any period of water shortage commencing with the promulgation and imolementation of water conservation guidelines by the Assistant City Manager for rublic Works and Utilities and il "!llementation of the gtlidelines by the City Ml!lnager and continuing until such water conservation measures are no longer deemed necessary by the City Manager in accordance with the guidelines. (d) The followina water conservation measures mav be included in the imolementation auidelines develooed bv the City Manaaer and imolemented bv the City Manaaer. (1) Condition I V\ltIter Chort8ge rossibility. a. Upon implen,entation by the Cit) Manager, Ctl3tomers Reauest customers of the water system of the City of Corpus Christi are rClitlested through the news media announcements and utility bill inserts to voluntarily conserve and limit their use of water and shttII-notifv them that thev must comply with the telloning imolemented restrictions on the use of water for irrigation of vegetation. (2) Place Alrmunicipal operations are !llaced on mandatory conservation. (3) Prohibit the use of water for irriaation of lawns or lawns and other veaetation between the hours of 10:00 a.m. and 6:00 o.m. ~b:-Restrict the use of water lI"'ater for irrigation of lawns or lawns and other vegetation may be tlsed only on stlch day or days of eacl, neek, other than between the hours of 10:00 a.m. and 6:00 p.m., to soecific dates or freauencies based on street numbers, as may be designated by the city manager. e:-LHowever, any person may raise as a defense to prosecution for violation of this section the fact that the use of water for the following purposes had been specifically authorized by the City Manager, if the City Manager had actually authorized the use of water for that purpose on the date of the violation: 1. The water was used, other than during the hours between 10:00 a.m. and 6:00 p.m., for irrigation, at the minimum rate necessary, for the establishment and maintenance of flower gardens, vegetable gardens, fruit gardens, trees, and shrubs, or plants in containers, and applied using: i. A hand held hose equipped with a positive shutoff nozzle. ii. A drip irrigation system equipped with an automatic shutoff device. R13745A8.wpd .~ . 6 iii. A soaker hose, which does not spray water into the air, equipped with an automatic shutoff device. iv. A root feeder equipped with an automatic shutoff device. v. A hand held bucket or watering can. 2. The water was used at any hour for irrigation, at the minimum rate necessary, for the establishment and maintenance of commercial nursery stock and applied using: i. A hand held hose equipped with a positive shutoff nozzle. ii. A sprinkler system. iii. A drip irrigation system equipped with an automatic shutoff device. iv. A soaker hose, which does not spray water into the air, equipped with an automatic shutoff device. v. A root feeder equipped with an automatic shutoff device. vi. A hand held bucket or watering can. 3. The water was used, other than during the hours between 10:00 am. and 6:00 p.m., for irrigation, at the minimum rate necessary, for the establishment of newly planted lawns and plant materials within thirty (30) days of planting. Water used for this purpose may be applied by any means. 4. Wastewater treatment plant effluent, graywater, well water (which is not mixed with any water from the City's water supply), or other water not obtained from the City water system was used, may be used at any hour, if a permit is obtained from the City Manager and a sign is posted stating that the water used for irrigation is wastewater effluent, graywater, water from a permitted private well, or water that was not obtained from the City's water supply. 5. The water was used, other than during the hours between 10:00 a.m. and 6:00 p.m., for irrigation, at the minimum rate necessary, for maintenance, of golf course greens and tee boxes. 6. The water was used at any hour for short periods of time for testing related to the installation, maintenance, and repair of sprinkler systems. R13745A8.wpd . . ~.._.,.,-~. 7 7. The water was used for irrigation of vegetation on a large parcel of land or unique botanical institutions, such as the Corpus Christi Botanical Gardens and Blucher Nature Center, in conformance with a special watering plan, specifically approved for that parcel by an official designated by the City Manager. The official approving any special watering plan shall ensure that the plan achieves similar water conservation goals to the mandatory conservation measures applicable to other customers under this section. ~-,-In the event the premises have no number, application shall be made to the city building official for the assignment of a number to such premises and such premises shall thereafter bear the number so assigned. Such day or days may be changed by further directive of the city manager. In the event any premises do not have a number at the time of the occurrence of any violation under this article, the premises shall be in the category of premises with street numbers ending in zero. No person or customer shall cause or permit water to run or waste in any gutter or otherwise. (2) Condition II - '^~ter Chortage 'y\'atcn R13745A8.wpd 8. Upon implementation by the City Manager, and ptJblic8tion of notice, the folloviing rG:striGtion:s 3"811 appl) to all pc~on~ and the ivithdrsvv81 of nster from the 3y3tem (potable "lister) for the follo"_ing ptlrpo!e~ or tl303 ia here") prohibitGd. The City Mensgcf, in the exerci:se of hi! discretion based I:lpon gl:lidelincs cstablished by the Assistant City Manger for rublic \A,,'orl{3 and Utilitie3, l(Jay iii_piGment any or all of tho3e elements of Condition II 83 ere aGe-med necessary at any partic.ular time. All element! of Condition I :shall ren'8in in effect in Condition II. 1. The sprinkling or vv8tering of vegetation is prohibited, provided, hOnavar, the Cit) Manager lTIa', authorize: vvatering of v"egetation a3 teIlOn!. i. The ~~'8tering of tree!, .shrtlbbely I annual, bianni81 or perennialpl8"t3, vine!, gard~n3, vcgetablc3 s"a flonef3 nith potable. nater me) be permitted, at the minin-u:lrn fate necessary' for the maintenance of plants, throtlgh the mean! of a hand held hose el:ll:lipped with a !,ositive shutoff nozzle, a drip irrigation !~!tem, a root feeder equipPt5d Nit" an automatic. !hl:Jtoff devic.e, s .soaker hose, ~Jhich doe! not !pr8Y Jli8ter into the sir 8nd is equipped v\'ith an autaFl"l8tic 3htltoff elevicl:., 8 hand held bucket or natcring can, or a sprinkler s)stern ..hieh is either attended throl:lghout its tlse or i3 cqtlipped nith 8utom8tic shtJtoff. \Nhen 8t1thorized, .such n8tering 3h811 be. done onl, on even nl:Jmber days for 8 premiaes Nit" an even number 3treet address, and OM odd ntlmber dayS for premiaea vvit" an odd nUlllber 3treet address or lfiithout 8 nljlTlbered add res!. '!/hen such "atering i:3 autl'iori%ed dl:Jring the Daylight Gavings Time period of the ycar, it gRail be J5c.rmitted onl:y behvcen the hours of G a.I."I. and 9 8.m. and betvveen the hotly! of 6 ~.n I. aRd 9 p.m. ii. The vv8tering of 1~!vvn3 nith l'ot8ble ulSter may be permitted once evGI1 other neek on the vJ8tering day! designated by the Cit) Manager, based 6n the street rll:lnlb~!r, except beh,...een the hours of 10.00 s.n.. and C:OO p.m., throtlgh the mean! cf a hand held hose GqlJipped oJiit" a po!iti\"e shtJtoff noule, 8 drip irrigation system, 8 hand held btlGket or vvstering can, 151' a sprinlder !)3tem vvnich is either sttended throtlg"out it3 U30 or i3 equipped vvit., an lltltolTlatic 3Mtltoff. iii. Commercial nurserie3 3"'all be excepted fron I the prohibition of thi! 3l:Jbparagraph and :3hall be permitted to ..atGf nLlrselY 3tock ..it" potable ..ster, at the minin,Llm fste neCG3!8F)" to e!tabli3h and lTIaintain cornmGrcial nursery 8to"I<, b) mean! of a Rand held hose eqtJipped ...ith 8 po!itive shtJtoff noule, s drip irrigation sY3tem, a root feeder equipped ..ith an atlton.ati" !htltoff device, a soaker h03e, v.hiGh doe! not 3pr8y ..stGf into the sir snd i3 equipped ..ith an autolTlatic 3hutoff device, s hand held bucket or vv"stering csn, or a 3prinkler 3:Y3ten I vvl=lich i3 attended t"roughout itg U3e, i3 equipped nit"" 81'1 8uton ,ati" shutoff or recapture! and recirculate! irrigation "ater. iv. The nstering of Men lann! and plant Fl,aterial3 nith potable nster, at the minimtlFl I fate neCG33ary' for the establiahn lent of the F1enly plsnted vegetation, 1T18y be pern,itted nithin JO eta)! of planting, at any time other than bcnvcGn the hour! of 10.00 8.M'. and c.oa p.M., by any mean!. Ilo.'ite\ref, only the Menly planted area! IlIay be 'v\'atcrcd at tilTle3 not 8uthoriz:ed under 3tJbdi'Ji3ion3 (i) and (ii) of this subsection. v. The allo'v'vring of vvater to run off yard3 or ~18nt3 into gutter! or !treet3 shall be deemed a vv8stC of .Yvater and is prohibited. R13745AB.wpd _.>-~..,'"--- 9 (5) Restrict the use of water for waterina foundations durina seecific hours. seecific dates, or seecific freauencies based on street numbers. as mav be desianated bv the city manaaer. ~6) Prohibit the =Fhe-washing of automobiles, trucks, trailers, boats, airplanes and any other type of mobile equipment i3 !,rohibited, except that individuals and filling stations may wash cars or boats if they use a bucket, pail, or other receptacles not larger than of 5 gallon capacity; however, an individual or filling station, before or after such washing, shall be permitted to rinse the car or boat off with a hose using only a reasonable amount of water in so doing. Commercial or automatic car wash establishment shall use minimum practical water settings. &,-(7) Prohibit the =Fhe-washing of building exteriors and interiors, trailers, trailer houses and railroad cars with potable water is !,rohibited, except by a professional power washing contractor or that in the interest of public health the Director of Public Health may permit limited use of the water as the case may be, including allowing the use of water for the removal of graffiti. +.-(8) Restrict the use of water for recreational uses. such as elavina in serinklers. exceet durina times when the use of water for irriaatina lawns is eermitted. oeeratina water tovs such as "slie & slides", or oeeratina seravers on 0001 slides. The permitting Of M .aintaining of defective. plumbing in 8 home, btlsina33 8st8blisRment or any location nhere nateI' i3 1:J3ed on the premises. The pern liMing of the vv83ting of an, .wtster b~ feS30n of defectivG plumbing 83 hereinabove I"entioned 31'12111 inch:lde the existence. of out of repair nateI' closets, tlndergrotlnd leal(3, defective f8ucets 8nd 181'3. TLe pern,itting of natal' to flo'v'v' constantly through a tap, h)drant, valve or othervvi3c b) any user of nster connected to the City S)3te"" :SMail be Gon3idered 838 vv'sating of vvster and prohibited by this !,lIm. ~9) Restrict the 'fhe-use of fire hydrants for any purpose other than firefighting is prohibited; except that the City Manager may permit the use of metered fire hydrant water by the City or by commercial operators using jet rodding equipment to clear and clean sanitary and storm sewers. 6:-(1 Q) Prohibit the 'fhe-use of potable water in ornamental fountains or in artificial waterfalls is prohibited where the water is not reused or recirculated in any manner. ~(11) Prohibit the 'fhe-use of potable water to wash down any sidewalks, walkways, driveways, parking lots, tennis courts, or other hard-surfaced area, or building or structure, except by a professional power washing contractor-;-is prohibited. R13745A8.wpd 1 . , ' 10 &.-(12) Prohibit the The-use of potable water for dust control is I'fonibited. 9-:-(13) Prohibit the The-use of potable water by a golf course to irrigate any portion of its grounds is I'ronibited, except those areas designated as tees and greens may be watered between the hours of 6 a.m. and 10 a.m. on Mondays, Wednesdays, Fridays, and Sundays. (14) Prohibit the use of water to serve a customer in a restaurant. unless reauested bv the customer. 10. Any use of water for tne l'url'OSe3 or in a manner I'ronibited in ti'lis I'lan 3nall be deemed to be a n8ste of Y"i8ter and an) person 'violating an) of the provision! of thi3 plan and any person in vvno3e name 8 nater metcr connection is registered lyvith the Utilitic3 Dilling Office, unit" nater connc.ction 3en,es premises upon nhich 8 violation occurs, alld proof ins! the partictJlar pre" ,i3es "a'v'e. 8 i"vater n .etc.r connection registered in the neme of the. defendant named in the complaint, Sh811 constitute in evidence 8 prime facie presumption that the pcrson in vvhon I 3Uc.n "halt:r c.onnection nag registered nag the. per30n uno pcr" ,itted or Gauged the act of "Naste cl=larged to occur on the. premiscs. 11. Concurrently vvith the implementation of Condition II, the Cit) Council 3h811 appoint an AlloGation and ne~ie~\ Committee, 83 hereinafter pro~ided, for the ptlrp03e of rer~ievving wnw'ater cOl"l3cn/etion policies and e3tablishing exemption!. See Cection 2.2.4. (:J) Condition III V'v'ater Chortage 'v\'-8rning a. Ul'on iml'lementation bJ the City Manager and I'ublication of notice, the follo"ing re3trictions snail al'I'11 to alll'er3ons. The OitJ Manager, in the cxerci3e of ni3 di3cretion based uj:lon guidelines establisned bJ tne A"3!istant City Manager for rublic 'v\tork3 and Utilities, lTIay il f1plement any or all of tho3e element3 of Condition III a3 are deemed nece33aFy at anJ I'articular time. All elements of Condition II shall remain in effect in Condition III. +.-(15) Prohibit new New-service connections to the City's water system are I'ronibited where some other source independent of the City's water system is existing and in use at the time this element of Condition III is implemented. (16) Reserved. 2-:-(17) Imoose A-mandatory limit of normal water use by customers without use penalty, in amounts as determined by the City Manager in accordance with guidelines established by the City Council. R13745A8.wpd 11 3:-a~ln connection with the enforcement of this subdivision. !ub!ection 2, the Citv Manaqer shall request the City Council ~establish a maximum limit beyond which water service will be terminated. b. Concurrentlv with the imolementation of this conservation measure. the City Manaqer shall request the aooointment of an Allocation and Review Committee bv City Council. for the ourpose of reviewina water conservation oolicies and establishinq exemotions. 4. The u!e of nater to 3e~e 8 Gu!tonler in 8 rC3t8tJrant, unless requested by the GtJ3ton,er, is pronibitcd. ~18) Prohibit the =Fhe-use of potable water (water obtained from the City's water utility) for scenic and recreational ponds and lakes is prohibited. &.-(19) Prohibit the The-use of potable water to put new agricultural land into production is prohibited. (4) Condition 1\.,,' W8ter Chortsge Cmergency 8. Upon in'plen,entation by the Cit) Mansgcr and publication of notice, the follo..ing fe!trictions shall apply to all person!. The Oit) Manager, in the exercise of his discretion based upon guidelines established by the A!!i3tant Cit) Manager of rtlbliG 'v^/orl(3 and Utilities, I ria) implen lent an) or all of those elen I!.nts of Condition I'v' 83 are deemed necessary at 8ny particular tilrie. All elements of Condition III 3h811 Fel,,8in in effec.t if. Condition IV. +.-(20) Denv No-applications for new, additional, further expanded, or increased-in-size water service connections, meters, service lines, pipeline extensions, mains, or other water service facilities of any kind !hall be allohed, apprOved, or in:!.talled" except as approved by the Allocation and Review Committee. z-:-(21) Establish Alt-allocations of water use to industrial and commercial customers in amounts" as established after consultation with the Allocation and Review Committee. &.-(22) Establish the The maximum monthly use for a residential customer be established with revised rate schedules and penalties aooroved by the City Council. based on recommendation~ by the Allocation and Review Committee. 4:-@LThe City Council and City Manager shall take tho!e anv additional actions deemed necessary to meet the conditions resulting from the emergency. R13745AB.wpd . w . 12 (f) Anv use of water in violation of this Section or anv measure imolemented bv the City Manaaer under this Section is deemed a waste of water. (a) No oerson mav use water in violation of this Section or anv measure imolemented bv the City Manaaer under this Section. (h) Proof that a oarticular oremises has a water meter connection reaistered in the name of the defendant named in the comolaint. shall constitute in evidence a orima facie oresumotion that the oerson in whose name the water connection was reaistered was the oerson who oermitted or caused the act of waste charaed to occur on the oremises. (j) Courts shall take iudicial notice of the notices oublished bv the Citv Manaaer under this section. and the notices mav be read into evidence without oleadina or oroof. SECTION 3. Sections 55-155 of the Code of Ordinances is amended by revising subsection (a) and adding subsection (I) to read as follows: Sec. 55-155. Violations, penalties, and enforcement. (a) Any person violating that intentionallv. knowinalv. recklesslv. or with criminal nealiaence violates any provision of this Article shall be deemed guilty of a misdemeanor and, upon conviction. shall. uoon conviction. be l'uni3hcel by a fine a3 provided in Section 1 6 of thi3 Code auilty of a misdemeanor. ounishable bv a fine of not more than five hundred dollars ($500.00) oer violation oer dav. * * * * * (I) If anv oerson fails to resoond to a citation or summons issued for a violation of this Article within the time allowed. uoon receiot of notice from the Director or a iudae of the Municioal Courts. the Water Suoerintendent is authorized to discontinue water service to the oremises where such violation occurs. SECTION 4. Sections 55-155.1,55-156, and 55-157 of the Code of Ordinances are redesignated as Sections 55-157,55-158, and 55-159, respectively. 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, 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 6. A violation of this ordinance or requirements implemented hereunder shall constitute an offense, punishable as provided in Section 55-155 of the City Code of Ordinances, as adopted by Section 2 of this ordinance. R 137 45A8. wpd 13 SECTION 7. 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. R 137 45AB. wpd - 33 1 . '!' ~,....._-..< CITY COUNCIL AGENDA MEMORANDUM July 17,2001 AGENDA ITEM: An Ordinance amending the Code of Ordinances, City of Corpus Christi, Chapter 2, Administration, regarding the Water Conservation Advisory Committee; providing for severance; providing for publication; and declaring an emergency. ISSUE: The ordinance which established the membership and duties of the Water Conservation Advisory Committee requires revision. The ordinance currently in effect established the composition of the committee to include a minimum of 15 members and not more than 32 members. This is too large for effective interaction and direction. The new ordinance would establish a nine member committee consisting of the following: a residential customer of the city's water system (homeowner), a large commercial customer of the city's water system, a wholesale raw or treated water customer of the city's regional water supply system, a representative of the Port Industries of Corpus Christi, a representative of a school district located within the City, a representative of a military facility, a representative of landscapinglnursery/horticultural interest, a representative of apartment owners associations, and a citizen at large. The mayor, with the approval of the cOlUlcil, would appoint the members of the advisory committee for two-year terms of office. The mayor may also appoint one or two cOlUlcil members to serve as ex officio members of the committee. In addition, the committee in the past has focused substantially on conservation related issues as its name describes. In the future, staff would like the committee to advise the city cOlUlcil, city manager, and water superintendent on water resource related issues. Therefore, staff recommends that the Water Conservation Advisory Committee's name be changed to Water Resources Advisory Committee. REQUIRED COUNCIL ACTION: Approval of the ordinance is required in order to change the name and composition of the committee. RECOMMENDATION: Staff recommends approval of the ordinance. ~ ... Eduardo Garafia, P .E. Water Superintendent ] I T AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, CHAPTER 2, ADMINISTRATION, TO REPLACE THE WATER CONSERVATION ADVISORY COMMITTEE WITH THE WATER RESOURCES ADVISORY COMMITTEE; PROVIDING FOR SEVERANCE; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Chapter 2, Article IV, Division 20 of the Code of Ordinances is revised to read as follows: DIVISION 20. WATER CONSeRVATION RESOURCES ADVISORY COMMITTEE Sec. 2-230. Composition, organization, and duties. (a) Composition. Ul. There is hereby created the water con3ervation resources advisory committee which shall consist of a minimtJI1, of fifteen (15) nine (9) members and not more than thirt) rvvo (:)2) members. The 8(h,isol1 committee shall be appointed by the tit; council to !taggered three jeer terlTls expiring each April and include members rt:3iding vvithin the 3e~iec area of the city's reservoir 3yatem. The members shall include, repre3enting or non,inl!lted by the follo..ing types of per30ns. aresidential customers of the city's water system (homeowner), a larae commercial customers of the city's water system, indu3trial CU3tOl ners of the city'! w'ater 3y3tem, municipal Fan neter customers of the city'! regional nateI' supply system, treated "ater a wholesale raw or treated water customer of the city's regional water supply system, the Couth Texa3 Water Authority, the Can ratricio Municipal '.vater District, the rort of Corpu3 Chri3ti Authority, 2 reoresentative of the Port Industries of Corpus Christi Ooard of Trade, 2 reoresentative of a school district located within the Citv. Corpu3 Christi Independent Gchool District, ti'le Creater Corpu3 Christi Ousiness Allil!lnce, 2 . reoresentative of a military fl!Icilities, facilitv. a reoresentative of landscaping[-Md nursery/horticulture businc3se3 interest, builders aS30ciations, a reoresentative of apartment owners associations, local media and acitizens at large. (2) The members of the advisory committee is appointed by the mayor with the approval of the council, for two-year terms of office. Any vacancy shall be filled for the unexpired term. All committee members shall serve without compensation. (3) The Mayor may appoint In addition, one f4Tor two council member~ 3hall be appointed to serve as an ex officio member~ of the committee. R13733A2.wpd . . . 2 (b) Organization. (1) The committee shall adopt its own rules of procedures. (2) At the first meeting after creation of the committee, a majority of the whole committee shall elect a chairperson and vice-chairperson to serve during the first term. Thereafter, a committee chairperson and vice-chairperson shall be elected by a majority of the whole committee to serve one-year terms expiring each May 30. Said election shall be held each year at the first regular meeting after appointments to fill expired terms. All committee member! 3hl!II 3en.c ..ithotlt compensation. (c) Duties. The advisory committee shall serve as an I!d_isor, to advise the Corptls Christi Water Didision I!nd to the city cotlncil City Council. City Manaaer. and Water Suoerintendent in matters of .....ater conservation, drought management I!nef water resources management. The City Council. City Manaaer. and Water Suoerintendent mav refer matters to the committee to obtain their views. 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. 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 4. 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 on this the day of , 2000. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary ~r APPROVED: This -< / day of Samuel L. Neal, Jr. Mayor 4'Jud ,2001: By: R13733A2.wpd . .... 34 1 T" T. CITY COUNCIL AGENDA MEMORANDUM Date: August 28, 2001 AGENDA ITEM: Resolution authorizing the City Manager or his designee to submit an application to the U.S. Department of Housing and Urban Development (HUD) for the designation of Census Tracts 1, 3, 4, 10 and 11 as a Renewal Community in order to foster investment and economic development within the census tracts. ISSUE: Economic prosperity could be advanced in the poorest of the poor areas of the community - areas that have been considered resistant to economic development. REQUIRED COUNCIL ACTION: The authorized representative of the City of Corpus must sign the certifications required for the nomination of a Renewal Community Designation. FUTURE COUNCIL ACTION: Local tax incentives abatement. RECOMMENDATION: Staff recommends the City Council approve the submission of the application for Renewal Community designation and authorize the City Manager or his designee to sign as the authorized representative for the City of Corpus Christi. 4.).~-Itti:- W. Thomas Utter, Assistant City Manager ADDITIONAL SUPPORT MATERIAL Background Information Iill ] . T AGENDA MEMORANDUM BACKGROUND INFORMATION The Renewal Community (RC) initiative is a new kind of partnership among Federal, State, and local governments; local businesses; and community organizations to stimulate economic development in distressed communities. HUD will designate 40 (28 urban and 12 rural) of the most distressed communities in the Nation as Renewal Communities and provide them with the opportunity for economic growth through a package of tax incentives. Businesses who locate or expand in the RC designated area will receive substantial tax incentives from January 1, 2002 to December 31, 2009. These incentives include: " Wage Credits Renewal Community Employment Credit Work Opportunity Tax Credit Welfare to Work Credit " Deductions Increased Section 179 Expensing Commercial Revitalization Deductions Environmental Cleanup Cost Deduction " Bond Financing Qualified Zone Academy Bonds " Capital Gains Zero Percent Capital Gains Rate for RC Asses " Other Incentives New Markets Tax Credit Low-Income Housing Tax Credit The nominated area must meet the geographic, population and economic condition requirements to be eligible for designation. The boundary of an area must be continuous, must be within the jurisdiction of one or more local governments, and must have a population of not more than 200,000 and not less that 4,000. Additionally, the unemployment rate in the nominated area must be at least one and one-half times the national unemployment rate based on 1990 census data, each census tract within the nominated area must have a poverty rate of least 20 percent, and at least 70 percent of area households for the nominated area, as a whole, must have incomes below 80 percent of the Household Adjusted Median Family Income. The selection of the Renewal Communities will be based on the unemployment rate, percent living in poverty, and percent of households below 80% of the area median income I . 'T ,.. relative to the other applications. Empowerment Zones and Enterprise Communities will be given preference for the first 20 RC designations. The complete application requires the submission of various forms and a Course of Action, a plan that demonstrates how the state and local government will work with community- based organizations to reduce burdens and to improve services for Renewal Community residents and businesses (See Course of Action Summary). The Course of Action requires the applicant commit to undertaking a minimum of four of six strategies. They are: reduce tax rates, increase local services, reduce crime, reduce or remove government requirements, involve community partners, and solicit in-kind donations. The City is proposing census tracts 1, 3, 5, 10 and 11 for Renewal Community designation. (See attached map and graph). These census tracts demonstrate high unemployment rates, high poverty rates and high rates of households having incomes below 80% of the Household Adjusted Median Family Income. This area has a total population of 10,183 and ability to expand, attract and retain employers to the community who will take advantage of the RC tax incentives. Notice of a public meeting was published on Sunday, July 29, 2001 inviting the public to a meeting, which was held on August 10, 2001 to solicit comments and support. In addition, a meeting with potential partners was held on August 3,2001 to give the partners an opportunity to participate in the development of the application. '--' r r Summary of Course of Action The City of Corpus Christi must include in the Renewal Community Application a Course of Action that demonstrates how the state and local governments will work with community based organizations to reduce burdens and improve services for RC residents and businesses. Efforts within the past eight years, present, or future may be included in the Course of Action. Strategy?;'l:="Re"lJifciii'g'laxBuraiih: ;0 promote iinacreale economIc developmem'7iillieReiiiWiT: ~ff~......_-",;~.';th-~' ,::_.\M:Ii""'t'.'....",-~._,.,~ "" Nt":""" ----,(.;<;,;\0';0>< "4'ii":-i";:"';:';-;'~' ;.0:.,:*:---'-,',":,:'" _ ,->:,--:<',''!d~s,;',:<">~t::-;~','S'&f~i5';~:'\:F.!:,::+~ '_>i~ ommunl d> ro.ua~a.~-Incen lVe!t:...-~i'~~,-i~Ai..41~;;;,:~\):-.Fi,"1l;i;;,.;.::';'__~~kdi"",_.,.~~'_;k::'&;f<i.~~2~:'_~~~~ City of Corpus Christi. It( The City of Corpus Christi offers tax abatement to basic manufacturing or service facilities, petrochemical facilities, regional telecommunicationsidata processing centers, and regional visitorlamusement facilities. Buildings, structures, fixed machinery and equipment, and site improvements are eligible for abatement. It( The City of Corpus Christi provides Tax Increment Financing through the Creation of TIF Reinvestment Zones. Proposals for creation of reinvestment zones are considered on a case by case basis and must demonstrate both financial feasibility and contribution to job creation, inner city housing needs, or inner city revitalization goals of the City. It( The City may approve the issuance of tax exempt revenue bonds by developers of commercial or industrial projects or housing projects. Texas Department of Commerce It( Corpus Christi currently has several census tract that are designated as Texas Enterprise Zones including Census Tracts 1,3,4, 10 and 11. Corpus Christi may nominate two projects every two years to be Enterprise Projects. An Enterprise project is eligible to receive up to $1.25 million in refnds of state sales and use taxes on purchase of equipment, machinery, building materials for use in the zone. 'Slrategy,lI'--:: Improvlilg L~aT. Senilce:.Tii promote. self.sufficiency 'by 'liliNrdlng sefVIl?es~I(i -"""",""".,,. '-d '11'.. dlth 'RC .- "f:ft .,.,.... ,.,. ........,....... '. ,....c."." " ,......-f2l:<l1 ~!!!!!!!:!~.!~_!~. ~,1]_.,!=_t _~f!ps, "I) ~_~}~" ",,' ~., ;_",d;,:<~' ,,,~j}/i4~t;h~V:;~jt~::'~~>'{- ,,:.~: ,';~ c-"::';< ,;~ :).;\"<',,,:::;tS),;1:Z#~~<d-,?iBSl;~;,,';~':i&ib City of Corpus Christi Ii1I Community Development will concentrate on capital improvements for social services and economic development activities that will promote self-sufficiency. Ii1I Park and Recreation provides afterschool care and vacation day care to children of working parents Ii1I Minority Business Opportunity Committee provides construction and leadership training to youth Workforce Network, Inc. It( Job matching and referral services It( Job leads Ii1I Unemployment insurance appeals information It( Job search training: Job Search, Stress Management, Assertiveness, Resume, and specialized workshops can be offered at one of our six locations throughout the Coastal Bend Region or at worksites for groups of 15 or more. It! Career assessment - exploration for re-employment and re-training options It( Computer skills training It( Referral andlor sponsorship (which includes tuition, books, and supplies) for the following education training: It( ESL, Literacy, and GED programs It( Associate degree programs It( Bachelor degree programs It( Master degree programs It( Continuing Education programs , , , ItI On-site information presentations ItI On-the-Job Training with a new employer for qualified candidates ItI Supportive services to help downsized employees re-enter the job market ItI Integrated Intake, Eligibility and Assessment for Multiple Funding Streams YMCA ItI After school care and summer day camps to children of working parents Metro Ministries ItI Job placement Iii Transportation to job sites Iii Access to childcare for homeless mothers in shelters Iii Free primary health clinic for medically indigent Iii Meals for hungry homeless and low income Iii Placement into job training and education Iii Case management Corpus Christi Regional Transportation Authority ItI Livable Communities initiative to Improve overpasses at Alameda and Staples Streets to bridge gap between the neighborhoods north of IH 37 and the Staples Street Transfer Station. Iii Provide service to the RC Area - (Route 15,16,78,79) Nueces County Community Action Agency Iii Head Start and Early Head Start Programs in the RC area Iii Community Services including weatherization, energy assistance, information and referral, neighbor to neighbor assistance and neighborhood Council Activity Iii CHIPS Del Mar College Iii Center for Early Learning Iii Quality Training programs that respond to student and employer needs. Iii Customized Training Services Nueces County Health Department Iii Women Infant and Children Program to provide optimal nutrition during the critical stages of fetal and early-childhood development and immunization services to WIC eligible infants and children. Iii Family planning services, adult health services, maternal and child health services, immunization, tuburculosis control, dental services, and other health-related services. Strategy Ill. - Reduce government requirements: -To promote economic deitfil/opmentthrollg1t str!.amli/)i'1gorrel1lor..i'1g local governme/)t.r.e.guirelTlents within the RC. .. ';:;2 City of Corpus Christi Iii Density Bonuses - allow a property within the RC to be developed at a higher density Iii Incentive Zoning - Provide incentives to develop, redevelop or preserve a parcel in the RC area Iii Comprehensive one-stop development centers - Streamline the construction and other development permitting processes. Iii Variance and exception Policies - Pass local ordinances that allow variances or exceptions from zoning and other land use restrictions. 1 ,. T $tiit!gy..o!'i-~~<IJlcie. <:,rlfui; )'"gred/Jcea'1.c/.plJlvent crt'!'.!JL'lt/l.!!B.eflfil.',",al.C;;grniriu!lityafe~, City of Corpus Christi ItI Crime Control District ItI Bike Team ItI Partner's Against Crime ItI Presentation to youth to reduce gang activity ItI Operation Weed and Seed ItI Juvenile Assessment Center si:!t'-tegy V. >. )!iY2jve "'tpmniunity Partners: To involve community partners In. ,economiC: ,;.. .. ,.,.,;,~, .. ""'~ " ,,_....}v. . .'. '_" -.. .-.-',.. ;....... -~~'_<""-'. _:' :,,-. _', :":.. _ '~_"<. :' :"""",:,.. "':'V~:<":: .- ".~.':'''; ',_' >.',_. "'>.,.,.,:.>.',:_:S:,",'.. j",.- " ..: ',':" ,,:>:,:,,/~~_,{_:> "_"~' .. ".", de elo menlactlvltleswlthmtheRC" '"."..w;' '.'.'.F. ,~1..;..l;;<"Jt,:,(.';:A~'.;'.";" ", ':; ..~'l!__, ....__.~__......._,......."_"."....,,,.,___~,,..,._ .. _, "",':o.,;:M,,t_ _~, .....'~.,,,..... ",-_",~.....,..;.<",.tj.."~><_~..,,,.,-:;:?'y...,:;;>;~l;\,-,,~..,,:w'..''',;,~,~>.J{".;.,~ili;s9:Li.~,;.," ,_ : '-: .. City of Corpus Christi ItI Tax Incentive Utilization Plan - Initiate educational and marketing programs to maximize the Renewal Community federal tax incentives through collaborative parnterships with organizations including but not limited to: . Corpus Christi Regional Economic Development Corporation . Hispanic Chamber of Commerce . Corpus Christi Chamber of Commerce . Black Chamber of Commerce . Texas A&M University-Corpus Christi , Del Mar College . Associations, Corporations and Businesses Texas General Land Office ItI Corpus Christi Beach Renourishment Project Texas A&M University-Corpus Christi ItI University Outreach Initiatives . Liaison with the licensing agencies to identify programs as acceptable continuing professional education activities. , Assistance in the planning, management and evaluation of continuing professional education activities. . Maintenance of records of participation to provide appropriate evidence of completion of continuing professional education activities. . University Outreach also offers a variety of certification and training programs including customer service training, Certificate Sales Program, Supervisor Proficiency Program, and other programs customized to fit the needs of employers. Corpus Christi Regional Economic Development Corporation ItI Market Corpus Christi to industrial, manufacturing, distribution, and service employers. $~.ffiJ!.,ijy'VI. . :~o..lic.it }i1~liind Do.n. atio. liS.. 7i.. b~m. Creas. e7~I7everlJ(,.iry~kirid~.;T:P...fi~la7 diJn. ~!~?f!~;YJ commun!(y~l!!l!il~.to Imt1!9Yf.UiEP,dftJO,,:g, Wj!!JJ!I tl!!tBfH1!!~Lf2!JJ!!!Hntty. .. ,. ,~':ij;!r;ii.l':i,:<;i5'1i;~:i~1i~ City of Corpus Christi ItI Solicit donations or in-kind donations such as land, homes, commercial property, etc. from community partners and local governments to improve conditions within the Renewal Community. T . . Renewal Community Nominated Area 100.000% ❑ % POV so.000% NO Unemployment Rate 80.000% ■ % below HAMFI 70.000% - - -------- 60.000% 50.000% 40.000% 30.000% 20.000% 10.000% - - 0.000% - -1i - - HEN [ Ism CT 1 CT 3 CT 4 CT 10 CT 11 RC Area 0% POV 22.164% 34.170% 70.313% 1 52.563% 73.626% 58.516% OUnemployment Rate 12.36% 29.62% 1 19.82% 1 14.43% 23.59% 19.13% ■% below HAMFI 34.10% 59.39% 1 81.97% 1 79.24% 87.85% 75.73% 5801 58.02 5601 59 50 } A / i 5, bwry 50� .c.Qa Y v a �' 9 C 3601 3602 3603 35 8 q 17 60 54.06 20 CITY OF CORPUS CHRISTI CENSUS TRACTS 1990 waraa <+nm u. 51.03 51.03 wu 29 C<M Rt ON I ' u. 30 w 51.035L'OI aL 31 54.04\ G,,w:•'a... � a RESOLUTION AUTHORIZING THE CITY MANAGER, OR THE CITY MANAGER'S DESIGNEE, TO SUBMIT AN APPLICATION TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) FOR THE DESIGNATION OF CENSUS TRACTS 1, 3, 4, 10, AND 11 AS A "RENEWAL COMMUNITY" IN ORDER TO FOSTER INVESTMENT AND ECONOMIC DEVELOPMENT WITHIN THE CENSUS TRACTS NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or the City Manager's designee, is authorized to submit an application to the U.S. Department of Housing and Urban Development (HUD) for the designation of census tracts 1, 3, 4, 10, and 11 as a "Renewal Community," in order to foster investment and economic development within the census tracts. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Samuel L. Neal, Jr. Mayor APPROVED: 23rd day of August, 2001. James R. Bray Jr. City Attorney By R1r~i"g7 Firs ASSistant City Attorney R14035A1wpd ] T' T ___>~,.".u_ ] -'-" 1 35 . CITY COUNCIL AGENDA MEMORANDUM DATE: August 23,2001 AGENDA ITEM: A. Resolution authorizing the City Manager or his designee to submit an application to the U.S. Department of Housing and Urban Development (HUD) for an Economic Development Initiative (EDI) - Special Project in the amount of $498,900 for acquisition of land to expand the Bayfront Arts and Science Park; B. Motion authorizing the City Manager or his designee to execute all documents necessary to accept and implement an Economic Development Initiative (EDI) - Special Project for the acquisition of land to expand the Bayfront Arts and Science Park; and C. Ordinance appropriating $498,900, subject to approval by the U.S. Department of Housing and Urban Development, in the Federal/State Grant Fund No. 1050 for the FY 2001 Economic Development Initiative - Special Project for acquisition of land to expand the Bayfront Arts and Science Park; and declaring an emergency. ISSUE: The City's request for funds under the HUD Economic Development Initiative (EDI) for acquisition of land to expand the Bayfront Arts & Science Park has been included in the FY2001 Appropriations Act. In order to acquire these funds, the application for the funds, together with appropriate documentation, approval of the grant agreement, and appropriation of the funds must take place. REQUIRED COUNCIL ACTION: Submission of an application and acceptance of the FY2001 EDI - Special Project grant and appropriating $498,900 for acquisition of land for the expansion of the Bayfront Arts and Science Park. FUTURE COUNCIL ACTION: None RECOMMENDATION: Authorizing the City Manager or his designee to submit an application to the Department of Housing and Urban Development (HUD) for an Economic Development Initiative (ED)I - Special Project funds and to accept and appropriate $498,900 for acquisition of land to expand the Bayfront Arts and Science Park. ~~2uJ:- W. Thomas Utter Assistant City Manager - BACKGROUND INFORMATION The City of Corpus Christi has been notified that Congress has favorably considered the City's request for funds for acquisition of land to expand the Bayfront Arts & Science Park. Under the HUD Economic Development Initiative (EDI), $498,900 has been placed in the FY2001 Appropriations Act. In order to receive these funds, an application must be submitted to HUD together with an environmental certification and a request for release of funds. Upon approval and environmental clearance of the project, HUD will send a grant agreement for execution and authorization to draw down the funds. Senator Hutchison deserves the credit for this funding as she was the champion of this project in Congressional committee. .--T-"-~.-'-'----~T '~'~" ,_._-_._'-'--~-----t-'._-,. -- RESOLUTION AUTHORIZING THE CITY MANAGER, OR THE CITY MANAGER'S DESIGNEE, TO SUBMIT AN APPLICATION TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) FOR AN ECONOMIC DEVELOPMENT INITIATIVE (EDI) - SPECIAL PROJECT IN THE AMOUNT OF $498,900 FOR ACQUISITION OF LAND TO EXPAND THE BAYFRONT ARTS AND SCIENCE PARK NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or the City Manager's designee, is authorized to submit an application to the U.S. Department of Housing and Urban Development (HUD) for an Economic Development Initiative (EDI) - Special Project in the amount of $498,900 for acquisition of land to expand the Bayfront Arts and Science Park. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: 23rd day of August, 2001. Samuel L Neal, Jr. Mayor James R Bray Jr. City Attorney By: R Jay Reining First Assistant City Attorney Rl4036B1.doc . -. . ORDINANCE APPROPRIATING $498,900, SUBJECT TO THE APPROVAL OF THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT IN THE NO. 1050 FEDERAUSTATE GRANTS FUND FOR THE FY 2001 ECONOMIC DEVELOPMENT INITIATIVE - SPECIAL PROJECT FOR ACQUISITION OF LAND TO EXPAND THE BAYFRONT ARTS AND SCIENCE PARK; AND DECLARING AN EMERGENCY BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $498,900, subject to the approval of the U.S. Department of Housing and Urban Development is appropriated in the No. 1050 Federal/State Grants Fund for the FY 2001 Economic Development Initiative - Special Project for acquisition of land to expand the Bayfront Arts and Science Park. 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 ruie 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 on this the day of ,2001. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: This 23rd day of August, 2001: Samuel L. Neal, Jr. Mayor James R Bray, Jr. City Attorney By: R Jay Reining First Assistant City Attorney Rl4036A2.doc 36 ~ 1 1 .-.,--_.~-- AGENDA MEMORANDUM August 28,2001 SUBJECT: Acquisition of Lots 1-12, Block 72, Beach Addition Project #4236 - Multi-Purpose Arena Project #4198 - Convention Center Expansion and Rehabilitation AGENDA ITEM: Motion authorizing the City Manager or his designee, to execute a earnest money contract in the amount of $250,000 for acquisition of Lots 1-12, Block 72, Beach Addition located south of the Corpus Christi Convention Center from TRT Development Company, for a purchase price of $3,319,084 including closing costs, for the development of the new Multi-Purpose Arena Facility and Convention Center Expansion and Rehabilitation Project upon receipt of funding. ISSUE: Acquisition of additional land is needed for the construction of the new Multi. Purpose Arena and for the Convention Center Expansion and Rehabilitation project. An offer has been made by TRT Development Company to sell to the City of Corpus Christi a 96,000 square foot tract of land located due south and adjacent to the existing Convention Center site. This tract is suitable for the project and City staff is seeking authorization to execute an earnest money contract to purchase this land. REQUIRED COUNCIL ACTION: Contracts for acquisition in excess of $15,000 require City Council approval. RECOMMENDATION: Approval of the motion as presented. ~~ Sp.~~ I ~JZ..Angel R. Escobar, P. E. Director of Engineering Services Attachments: Exhibit A. Background Information Exhibit B. Location Map Exhibit C. Information Summary Exhibit D. Contract Summary H:\HOME\EUSEBIOG\GEN\Agenda Items\Convention CenteAAgenda Memorandum.doc BACKGROUND INFORMATION SUBJECT: Acquisition of Lots 1-12, Block 72, Beach Addition Project #4236 - Multi-Purpose Arena Project #4198 - Convention Center Expansion and Rehabilitation PRIOR COUNCIL ACTION: 1. June 29. 1999 - Ordinance increasing the Hotel/Motel Tax Rate from 7% to 9% (Ordinance No. 023684). 2. AUQust 24. 1999 - Motion authorizing Requests for Letter of Interest/Statement of Proposal and Qualifications for a Convention Center Expansion and Rehabilitation Needs Assessment and Convention Center Expansion and Renovation Project Management Services, and waiving the local participation requirements. (M99-301). 3. February 8, 2000 . a. Resolution of Statement Expressing Official Intent to Reimburse Cost of Convention Center Expansion and Rehabilitation Project (Res. #023936). b. Ordinance appropriating $650,000 from the estimated Hotel Tax Revenue in the No. 1030 Hotel Occupancy Tax Fund for needs assessment and project management services; amending the FY99-00 Budget, adopted by Ordinance No. 023'102, by increasing estimated Hotel Occupancy Tax Revenue from the additional 2% authorized for the Convention Center Expansion by $1,419,793 and by increasing appropriations by $650,000 in the No. 1030 Hotel Occupancy Tax Fund.(Ord. No. 023937). c. Motion Authorizing the City Manager of his designee, to execute a contract with PKF Consulting, Inc. in the amount of $175,000 for needs assessment services (M2000-038). d. Motion awarding project management contract in the amount of $486,000 to Gilbane Building Company for the Bayfront Convention Center Expansion and Rehabilitation project (M2000-039). 4. November 14. 2000 - Ordinance canvassing returns and declaring the results of the Special Election held on November 7, 2000, in the City of Corpus Christi for the adoption of seven propositions; and levying a sales and use tax pursuant to Section 4A of the Development Corporation Act as approved by the voters in Propositions 4 and 5 (Ord. No. 024269). 5. Januarv 23, 2001 - Ordinance appropriating and advancing $900,000 for the Arena project (Ord. No. 024346). 6. January 30. 2001 - Ordinance appropriating $583,600 from anticipated revenues of the 2% Hotel Occupancy Tax and transferring $583,600 to the No. 3180 Convention Center Capital Improvement Fund (Ord. No. 024348). 7. Januarv 30, 2001 - Motion awarding an architectural services contract to Thompson, Ventulett, Stainback and Associated, Inc. for the multi-purpose arena and Bayfront Convention Center Expansion and Rehabilitation projects providing that $1,383,600 is currently authorized with remaining balance of $3,093,250 being authorized only upon appropriation of funds (M2001- 034). 8. Februarv 13. 2001 - Ordinance appropriating $900,000 from increased revenues generated by the 1/8-cent sales tax increase for the Multi-Purpose Arena Facility (Ord. No. 024367). 9. Februarv 13. 2001 - Ordinance rescinding Ordinance No. 024346 which appropriated $900,000 from the Unreserved Fund Balance of the Hotel Motel Occupancy Tax Fund; advancing $900,000 to and appropriating in the No. 3275 Arena Facility CIP Fund (Ord. No. 024369). Exhibit A 10f2 T T 10. February 20, 2001 - Motion authorizing the City Manager or his designee to execute Amendment NO.2 with Gillian Building Company in the amount of $281, 000 for design phase project management services for the Multi-Purpose Arena Facility (M2001-080). FUTURE COUNCIL ACTIONS: 1. Award of geotechnical, materials testing, inspection and construction laboratory services. 2. Award of construction management phase services for the Arena and Convention Center projects. 3. Award of construction contract(s) for the Multi-Purpose Arena facility and Convention Center Expansion and Rehabilitation projects. OVERVIEW: House Bill 1655, requested by the City of Corpus Christi, was signed in 1999 by Governor Bush. It authorized a two percent (2%) increase in the City of Corpus Christi's Hotel/Motel Tax for expansion/renovation and maintenance of the Convention Center. The City Council adopted the new, higher Hotel/Motel Tax Rate by ordinance to provide the required revenue for this project. The local business community, including the local hotel/motel industry has actively supported the increase. The City of Corpus Christi held an election on Tuesday, November 7,2000, to consider a number of ballot propositions to fund major capital improvements. Among the approved projects was the new Multi-Purpose Arena which is being funded through an additional 1/8 cent sales tax. Current plans are underway for the design of an 8,000 seat capacity arena, which will support sporting and entertainment events for the Corpus Christi Area. Sporting uses include ice hockey, basketball, and arena football. Entertainment events will include concerts, family shows and other specialties. The arena will also supplement the operation of the Convention Center by providing space, congress seating, and meeting facilities. The proposed arena will be linked to the Convention Center to enable access between the two facilities A site for the arena has been selected which is located south of the existing Convention Center. The site is bounded by Shoreline Boulevard on the east, Resaca Street to the south, Water Street on the west, and Hughes Street to the north. A map showing the location of the site is attached as Exhibit B. The site contains 96,000 square feet and encompasses an entire city block. Land Acquisition staff has negotiated with the owner, TRT Development Company, for the purchase price of $4,080,000. The City has agreed to pay a cash price of $3,300,000 and accept a charitable donation of $780,000. A commercial earnest money contract has been prepared between the parties and is submitted to the City for its execution. A total amount of $3,319,084 is needed for purChase of this property, which includes $19,084 for closing costs. An amount of $250,000 in earnest money is required to be tendered along with the contract. San Jacinto Tille Company will be the escrow agent for this transaction. This escrow amount will be funded from the #1130 Arena Fund with the balance being funded from the sale of certificates of obligation and a H.U.D. Grant. H:IHOMEIEUSEBIOGIGENlAgenda ItemslConvention CenterlBackground Info.doc Exhibit A 2of2 , . . . File : \Mproject\councilexhibits\exh4236.dwq SHIP CHANNEL Id~~ HARBOR BRIOGE ... .(0.5.. ~. ..~~ . ,~.Y J ] V~ /p~ ~ ;j)/l)~~~~ I~ ,,;:3- 'fb~~?{:;; \ IflL ~/O ) ~~~ I t II; II .: CZ~ I ~ ~ hll i7r IC.~~~ .~ :::r ~ L JICJ~T~~J ~ ~ 1(// !/J\~~ ~~ ~. ~ 'iEN,ION CEN1ER - I ~.~ ~LrP ~J~~'1 " "UC"ES ~I IIUC!l .L- ~... "01\ l~l\ ~li. ~ L.::.JJi:'" ~ j0iil ~~ S ~ u~ r r= \ 0 \" 0 I .E9C',L _ i7, <=:'OOgM - , 1"0,::- ~: 'i~' ,u ~ t= "~ n -~ \~ - \ ,'ill -\~ !- CITY PROJECT No. 4236 VICINITY MAP II - I-- ~ N CORPUS CHRISTI BAY \ \ NOT TO SCALE MULTI-PURPOSE ARENA CITY COUNCIL EXHIBIT DEPARTMENT OF ENGINEERING SEfMCES PAGE: 1 of 2 CI1Y OF CORPUS CHRISTI. TEXAS DATE: 07 77-2007 EXHIBIT B T T , iJl -- - - - - INFORMATION SUMMARY Project #4236 - Multi-Purpose Arena Project #4198 - Convention Center Expansion and Rehabilitation Seller: TRT Development Company Location: West side of Shoreline Boulevard, bounded by Resaca Street, Hughes Street, and Water Street, next to the Bayfront Convention Center, City of Corpus Christi, Nueces County, Texas. Legal: Lots 1 through 12, Block 72, Beach Addition Corpus Christi, Nueces County, Texas Zoning: B-5, Primary Business District on its front portion along Shoreline Blvd. B-2, Bayfront Business District on the balance of the site. Size: approx. 96,000 square feet (2.20 acres) Platted: Yes Tax Value (NCAD): $ 1,792,800 or $18.68 per square foot. City Appraiser: Thomas F. Dorsey, MAl Appraised Value: $3,000,000 or $31.25 per square foot. TRT Appraiser: Bruce Callaway MAI,SRA Appraised Value: $4,080,000 or $42.50 per square foot. Negotiated Price: $4,080,000 of which $3,300,000 is the cash price and $780,000 is a charitable donation from TRT Development Co. to the City of Corpus Christi. H:\HOME\EUSEBIOG\GEN\A.genda Items\Convention Center\lnformation Summary.doc Exhibit C Paae 1 of 1 "-"'-""11'" ..._..."._.~~_..". ",. .,...' CONTRACT SUMMARY Project #4236 - Multi-Purpose Arena Project #4198 - Convention Center Expansion and Rehabilitation This Contract is entered into by TRT Development Company, a Delaware corporation (SELLER) and the City of Corpus Christi (BUYER). 1. Purchase and Sale: Buyer and seller agree to the terms and conditions set forth in the contract. 2. Property: The real property is Lots 1-12, Block 72, Beach Addition, City of Corpus Christi, Nueces County, Texas. 3. Contract Purchase Price: The purchase price is $4,080,000 which is payable as $3,300,000 in cash and by a charitable donation of $780,000 from Seller to Buyer. 4. Restrictive Covenant and Option: a. A restrictive covenant will be placed in the Special Warranty Deed which prevents the Buyer from developing and operating a hotel, motel, or other temporary lodging facility for a period of 30 years from the date of closing. b. Seller will have the "right of first refusal" (Repurchase Option) enabling them to re-purchase the property if the Buyer intends to enter into a contract to sell or lease the property to a third party or alters the planned development. This option extends for a term of 10 years from the date of closing. Buyer will deliver to Seller at closing, a written memorandum (Option Memorandum), describing the Repurchase Option. 5. Earnest Money: An amount of $250,000 is required to be tendered along with the executed contract at San Jacinto Title Company. 6. Property Condition/Investigation: Buyer shall have until September 20, 2001 (Investigation Period) to perform investigations, tests and/or studies of the property. If Buyer finds hazardous substances on the property and the estimated cost of removal & clean up of the hazards exceeds $10,000, Buyer shall give written notice to Seller on or before September 20, 2001 and cancel the contract. Seller shall refund Earnest Money to Buyer except for $100, which is consideration to Seller for Buyer's right to terminate. 7. Title Policy and Survey: Seller shall request a title commitment for title insurance within 5 days from the effective date of the contract. Buyer may obtain, at its expense, an on-the-ground survey of the property. Exhibit D Page 1 of 3 r , 8. Approval Period and Title: a. Buyer shall have until September 20, 2001 to review the Title Commitment and to deliver to Seller any objections. b. Seller will convey to Buyer good and indefeasible title by Special Warranty Deed. 9. Closing: a. b. c. d. e. Closing of this conveyance will be on or before November 30, 2001. At closing, Seller shall deliver to Buyer a Special Warranty Deed, Owner's Policy of Title Insurance (Title Policy), and the $780,000 charitable donation in the form of a statement conveying the Property for less than full purchase price. At closing, Buyer shall deliver to Seller the cash portion of the purchase price, the Option Memorandum (described in Sec. 4b), and a letter acceptable to Seller documenting the receipt of the $780,000 charitable donation. All closing costs for Survey, Title Policy, preparation of Deed, tax certificates and escrow fee shall be at Buyer's expense. Ad valorem taxes for the year shall be prorated and paid by Seller. 10. No Broker's Fee: Buyer and Seller agree that no broker or agent has been involved in the negotiation or consummation of this Contract. 11. Condemnation: If the property is condemned (by a third party other than the City) prior to the closing date, Seller shall give Buyer notice of such condemnation and Seller shall have the option of applying the proceeds to the Purchase price or declaring this contract terminated and refunding Earnest Money to Buyer. 12. Default: If Buyer fails to comply with this contract, Seller may either enforce specific performance or terminate this contract and receive the earnest money as liquidated damages. If Seller fails to comply with this contract, Buyer may terminate this contract and receive the earnest money or seek other relief as provided by law. 13. Attorney's Fees: Any signatory to this contract who prevails in any legal proceeding against any other signatory, shall be entitled to recover court costs, reasonable attorney's fees, and other litigation expenses. 14. Notices: Any notice required under this contract shall be effective upon actual delivery against signed receipt, upon confirmed telex transmission, or three business days after being deposited in the United States mail being certified and postage prepaid. 15. Integration: This contract contains the complete agreement between the parties. Exhibit D Page 2 of 3 --'T-"'---.""-'-r-""--""-~-r 16. Binding Effect: This contract shall be binding upon the parties and their respective representatives, successors, and assigns. 17. Termination of Offer: This offer shall be null and void unless accepted by Buyer as shown by delivery of signed Contract and Earnest Money to Escrow agent by 5:00pm, local time, on August 31, 2001. 18. Assignment: Buyer may not assign this Contract or the rights hereunder without the prior written consent of the Seller. 19. Texas Law to Apply: This contract shall be construed under and in accordance with the laws of the State of Texas. 20. Legal Construction: In case anyone or more of the provisions contained in this contract is invalid, illegal, or unenforceable; such provision shall not affect any other provision of this Contract. 21. Time: Time is of the essence. H:\HOME\EUSEBIOG\GEN\Agenda Items\Convention Center\Contract Summary. doc Exhibit 0 Page 3 of 3 - - 37 T T ,--~-~~"'--"- CITY COUNCIL AGENDA MEMORANDUM DATE: August 24,2001 AGENDA ITEM: Resolution pledging active participation in and support for the mission and activities of the South Texas Military Facilities Task Force. ISSUE: The Secretary of Defense has started the procedure to provide a single round of base closures and realignments in 2003. Over 25% of the capacity in bases are proposed to be closed. The South Texas Military Facilities Task Force has been the area's principal responding vehicle to previous closure activities. The organization must continue in order to preserve our region's military presence. The City's financial share would be $50,000 a year. In order to participate in the South Texas Military Facilities Task Force and to provide financial assistance, the City Council must approve. RECOMMENDATION: The South Texas Military Facilities Task Force has been very effective in not only maintaining our facilities, but actually increasing their mission. Cities, counties, and other governmental entities across the U. S. are in the process of gearing up for the next round of base closures. It is imperative that we in the Corpus Christi area do the same. Staff recommends participation in and financial assistance to the South Texas Military Facilities Task Force. \)\h:-~ W. Thomas Utter Assistant City Manager , - - BACKGROUND INFORMATION Attached is a breakdown of the budget for the South Texas Military Facilities Task Force from September 2001- August 2002. Staff is recommending that the Nueces County share (approximately $150,000) be broken down into equal parts between the City, the Port and Nueces County ($50,000 each). We have also attached an article from the Corpus Christi Caller, Thursday August 23, which graphically illustrates what our region is facing on the national level. "~'-'""T' ~ - . .,"... .' " ,"'.;:~~.'..;"Z, .~/~~;:~X.l!\,...'.' ":. . ...., ..'r'.' ...... .-',.. Nation/World A6 Thursday, August 23. 20( i.'; . :.:~.- ~ www.caller.c:om Corpus Christi Caller-Times ", . .... .:'."^\1~~ .',...; ...-""'....:"...,':t~~. '- ,f"-'. <'_~. Communities are backing military facilities States are spending money, hiring lobbyists to save bases from budget cutters By LISA HOFFMAN Scripps Howard News Service . Florida and Georgia are building roads and bridges to benefit their military instal- lations. One Louisiana area is offering to foot the bill for new G I housing. California is doling out more than $400.000 to arm localities against budget cutters,' and scores of states and cities are hiring Washington lobbyists or enlisting retired brass to make the case that their military facilities are too valuable to lose. Eyes on r1oslIrl's In these ways and more, communities across the coun- try are constructing political, financial and infrastructure battlements against the grow- ing threat that another round -" of base closings is coming. Although opposition on Capitol Hill to shuttenng mil- itary installations remains fierce, the Pentagon and the White House have thrown down the gauntlet this sum- mer, arguing tllat the armed services no longer can afford to keep excess facilities open. Four rounds of closings, the most recent in 1995, spelled doom for about 97 major mili- tary facilities, but the Pentagon insists it must slash at hlast another SO, perhaps as many as 100, from its remain- ing 400. . After SIX years of congres- sional rebuffs, the Pentagon now puts odds at better than SO-SO that lawmakers this year will bite the bullet and vote to establish a com mis- :-;ion 'to select bases for clo- sure in 2003, Most base-dependent states and communities aren't wait- ing for any yates. They all knO\v that the easiest choices for closure were made long ago, and that those posts that managed to avoid the earlier ax now face a far greater chance of being targeted in any future round. Base was spared One of those that made it back from the base-closing brink was Kirtland Air Force Base, near Albuquerque, :'-I.M. In 1995, a major portion of the installation was slated to be moved elsewhere. But Kirtland supporters were able to show that it would cost taxpayers more to move 6,850 jobs from Kirtland than it would save. The base, which is estimated to gener- ate $2.7 billion a year for the local economy, was spared. Albuquerque now boasts tt. Kirtland Partnershi Committee, a booster grou with a $100,000 annual budgt that actively markets the ba, as an attractive site for otht defense and federal facilitie Members will target lawma ers and others on a Septemb, lobbying trip to Washington. In Texas, Brooks Air Fort Base was on the same elosir. list but managed to eSC8r extinction, when nearby Kel' Air Force Base was slated f, closure instead. Realizing Brooks would I vulnerable in any future roun San Antonio has come up wi a plan to cut the base's budg by leasing land to the facili for free and then providing t: base with fire, sewer, wat and other. municipal servic at no cost. P.O. Box 640 Corpus Christi Texas 7B403 (512) B83-5571 A COOPERATIVE EFFORT BY ARANSAS. KLEBERG. NUECES. & SAN PATRICIO COUNTIES August 20. 2001 Mr. David Garcia City Manager City of Corpus Christi P. O. Box 9277 Corpus Christi, TX 78469-9277 Dear Mr. Garcia: As you have no doubt seen in the media, the Secretary of Defense has submitted to Congress amendments to the Defense Base Closure and Realignment Act of 1990 which would provide a single round of closures and realignments in 2003. He has stated that we have 25% over capacity in bases and might wish to close in 2003 as many bases as were closed in the last three rounds of closure combined. Our South Texas region has over 10.000 defense-related payrolls, which when combined with private sector service contracts and local procurement, contribute approximately $700 million to the region's economy each year. We intend to vigorously defend those activities and seek other missions which reinforce our current missions. TIrrough a great deal of effort. our region actually saw an increase in missions and defense-related payrolls during the '93 and '95 base closure rounds. While the details of the legislation creating another round of BRAe will not be finalized until the fall, the consensus from our congressional delegation is that there will be a major BRAC round in 2003 with analysis of bases having already begun. The South Texas Military facilities Task Force (STMFTF), which successfully defended our bases in '93 and '95 met on August 13,2001, to discuss how we should proceed in this round. It was agreed that the multi-county regional approach followed in '93 and '95 which highlights the strengths of all our facilities and missions and how they together provided maximum value to the military is the best approach. In past rounds, the STMFTF has adopted a budget and recommended its fimding to both public and private entities in South Texas. A copy of a budget adopted at the August 13 meeting is attached. with a suggested fimding breakdown based on county population. While it was agreed that this level of funding and activity for two years is the minimum level required, it was also recognized that additional ..~,.....,...___,.___~. "o__._~__ .' Mr. David Garcia Page 2 funding and activity could be needed as events unfold. I will appoint an executive committee with representation from each county and contributing entity to assist with such decisions and recommendations. The Corpus Christi Chamber of Commerce agreed to serve as the financial agent for the effort. I would suggest that the approximate $150,000 annual contribution suggested by the population figures for Nueces County be divided equally between the City of Corpus Christi, Nueces County, and the Port of Corpus Christi Authority, or approximately $50,000 each. This is a critical effort to the economy of South Texas and the future of the region. I thank you for your consideration. Sincerely, d~~ S. Loyd Neal, Jr. Chairman - SOUTH TEXAS MILITARY FACILITIES TASK FORCE Budget for September 1.2001 - August 31,2002 Washington D.C. Consultant and BRAC Defense Specialist Responsible for Washington. D.C. planning and coordination with Depamnent of Defense and BRAC Commission. $9,000 per month for a two-year commitment. $108,000 Local Consultant - BRAC Specialist Responsible for coordination with Washington consultants. congressional delegation. and local base commanders as well as staff STMFTF effon. $42,000 Research Jnd Graphic Consultant Creation of presentation materials, printing, and duplication. $22,000 Reception and events $7,000 Travel and lodging for consultants $7,000 Contingency (professional services, travel. etc.) $10.000 $ I 96,000 County Participation by Population: Nueces San Patricio Kleberg 76% 16.3% 7.7% $148,960 31,948 15.092 $196,000 x 2 = $392.000 . 1 RESOLUTION PLEDGING ACTIVE PARTICIPATION IN AND SUPPORT FOR THE MISSION AND ACTIVITIES OF THE SOUTH TEXAS MILITARY FACILITIES TASK FORCE WHEREAS, the Secretary of Defense has submitted to Congress amendments to the Defense Base Closure and Realignment Act of 1990, which would provide a single round of closures and realignments in 2003; WHEREAS, the Secretary of Defense has stated that the nation has 25% over capacity in bases and might wish to close as many bases in 2003 as were closed in the last three rounds of closures combined; and WHEREAS, the South Texas region has over 10,000 defense-related payrolls, which when combined with private sector service contracts and local procurement, contribute approximately $700 million to the region's economy each year; and WHEREAS, there is a need to vigorously defend those activities and seek other missions, which reinforce our bases current mission; and WHEREAS, through a great deal of effort, our region actually saw an increase in missions and defense-related payrolls during the '93 and 95 base closure rounds; and WHEREAS, the South Texas Military Facilities Task Force has been created to help defend the military facilities in South Texas; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City of Corpus Christi fully supports the mission and activities of the South Texas Military Facilities Task Force, and pledges to actively participate in the Task Force's activities. SECTION 2. Subject to the availability of appropriations for this purpose, the City of Corpus Christi pledges to provide $50,000 a year for two years to the Task Force. SECTION 3. The City Manager is directed to take the measures necessary to support this critical effort to save the military facilities in the City and region. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Samuel L. Neal, Jr. Mayor R13117B2_doc . -" . . 38 ow _ INTEROFFICE MEMORANDUM TO: HONORABLE MAYOR AND CTIY mUNCIL MEMBERS THRU: GEORGE NOE, DEPUIT CITY MANAGER FROM: MICHAEL N. GUNNING, DIRECTOR OF PLANNING /11 /Ii ~ SUBJECT: ZONING ORDINANCE TEXT AMENDMENTS AND RELATED ORDINANCES DATE: AUGUST 24, 2001 On August 21, 2001, City Council approved the fIrst of a two-reading ordinance on various zoning text amendments and related City Code of Ordinance amendments. The second reading is scheduled for August 28, 2001. City Council also directed staff to continue working on the proposed "Bed and Breakfast" (B & B) amendments with "B & B" owners, neighborhood representatives, and other stakeholders to consider revisions to the proposed "B & B" performance standards regarding distance requirements; the elimination of ancillary uses, i.e. special events; grandfathering of existing "B & B" uses; expansion of distance requirement for notice to property owners; and substitution of Planning Commission review and recommendation and City Council approval in lieu of Zoning Board of Adjustment. Staff met with the "B & B" stakeholders on August 23, 2001 and identified common concerns to be addressed in a revised ordinance. Staff will meet again with the same group in the latter part of next week to review the revised ordinance. A final ordinance should be ready for City Council's consideration at their September 11, 2001 meeting. Recommendation: a) Motion to amend prior to second reading to adopt Zoning Ordinance Text Amendments by dividing the ordinance into two ordinances as follows: (1) Ordinance "A" adopting the Zoning text amendments on second reading which are unrelated to "Bed and Breakfast". TIlls ordinance is hereby amended by substituting the words "one-ton" for "two-ton" in the defInition of commercial vehicle contained in Article 3. DefInitions, "Section 3- 1.29 Garage, Private. (2) Ordinance "B" adopting the Zoning text amendments which pertain only to "Bed and Breakfast" . b) Motion to table second reading of Ordinance "B" to the City Council meeting of September 11,2001. H, \PIN-DIR \SHARED\ WORD\MEMOS\Bed And B"illm.Doc ~ -. - CITY COUNCIL AGENDA MEMORANDUM August 17, 2001 AGENDA ITEM: A. Public Hearing to consider the proposed Zoning Ordinance text amendments. B. First Reading Ordinance - Amending The Zoning Ordinance By Revising Article 3, Definitions, Article 4A, "F-R" Farm-Rural District Regulations, Article 4B, "RE" Residential Estate District Regulations, Article 4C, "RA" One-family Dwelling District Regulations, Article 5, "R-1A" One-family Dwelling District Regulations, Article 7, Multiple Dwelling District Regulations; "R-2" Multiple Dwelling District Regulations; Article 8, "A-1" Apartment House District Regulations, Article 8A, "A-1A" Apartment House District Regulations, Article 9, "A-2" Apartment House District Regulations, Article 1 0, "AT" Apartment-Tourist District Regulations, Article 11, "AB" Professional Office District Regulations, Article 12A, "B-1A" Neighborhood Business District Regulations, Article 14A, "BD" Corpus Christi Beach Design District Regulations, Article 15, "B-3" Business District Regulations, Article 16, "B-4" General Business District Regulations, And Article 22, Parking Regulations; providing for servence; and providing for publication. C. First Reading Ordinance - Amending the Zoning Ordinance by revising Article 3 by adding a definition of kennel and Article 20, Section 20-5 and Article 21, Section 21.6 by requiring buildings and structures used to house animals, birds, and poultry at animal shelters, kennels, and commercial establishments that raise animals, poultry, and birds within an "1-2" Light Industrial District and "1-3" Heavy Industrial District to be set back at least 100 feet from any required yard lines if abutting or adjoining a residential district. D. First Reading Ordinance - Amending the Code of Ordinances, City of Corpus Christi, Chapter 6, Animal Control, regarding commercial permits, fees, and spacing requirements. E. First Reading Ordinance - Amending the Code of Ordinances, City of Corpus Christi, Chapter 19, Food and Food Establishments, regarding required separation between food establishments and kennels and other businesses used to house animals. ISSUE: The Planning Commission, Zoning Board of Adjustment, and Staff have identified various short-term text amendments to the Zoning Ordinance to accommodate new uses, changes to regulations of existing uses, and various clarifications, additions, or deletions to Zoning Regulations within specific districts. -, T I. City Council Agenda Memorandum August 21,2001 Page 3 zoning amendments are necessary to incorporate new uses and update existing uses and performance standards for screening and parking. ~~AJ~ Michael N. Gunning, AICP Director of Planning , , If City Council Agenda Memorandum August 21. 2001 Page 4 BACKGROUND INFORMATION The proposed Zoning Ordinance text amendments affect Article 3, Definitions, Article 4A, "F-R" Farm-Rural District, Article 4B, "RE" Residential Estate District, Article 4C, "RA" One-family Dwelling District, Article 5, "R-1A" One-family Dwelling District, Article 7, Multiple Dwelling District, Article 8, "A-1" Apartment House District, Article 8A, "A-1A" Apartment House District, Article 9, "A-2" Apartment House District, Article 10, "AT" Apartment-Tourist District, Article 11, "AB" Professional Office District, Article 12A, "B-1 A" Neighborhood Business District, Article 15, "B-3" Business District, Article 16, "B-4" General Business District, and Article 22, Parking Regulations. Amendments to the definitions include creating a definition for animal hospital, assisted living facility, bed & breakfast (B&B) home and inn, and commercial vehicle uses. Amending the definitions for private garage and mini-storage as well as amendments to the definition for a private garage and mini-storage use. The animal hospital use is not defined but is listed as a permitted use. The assisted living facility use is a new use that has made its way into Corpus Christi and needed addressing. A B&B home is defined as an owner-occupied home offering overnight accommodations limited to five (5) bedrooms and 10 people. A B&B inn is defined as a facility offering overnight accommodations limited to 12 bedrooms and 24 people. Bed and breakfast (B&B) facilities are currently operating within the City with limited regulations. B&Bs are currently permitted in single-family residential areas as long as they do not exceed a total of four (4) boarders. The proposed amendment as recommended by the Planning Commission would permit B&B homes in residential areas subject to review by the Zoning Board of Adjustment. Review by the Zoning Board of Adjustment would allow input from adjoining residences before a B&B home could locate in the area. Existing B&B homes that comply with all existing city regulations would be grandfathered. However, existing facilities proposed to be expanded would be subject to review by the Zoning Board of Adjustment. A B&B inn would be permitted in the "A-2" Apartment House District and more intense zoning districts. The purpose of the commercial vehicle definition is to strengthen the private garage definition which is being amended to allow larger garages for larger homes. The Zoning Board of Adjustment initiated this garage definition. The mini-storage definition is amended to increase the size of each unit from 300 square feet to 400 square feet in order to permit enclosed boat storage as part of a mini-storage facility. The amendment to the "R-2", "A-1", and "A-1A", Districts is to allow an assisted living facility use as a permitted use. Amendment to the "A-2", "AT", "AB" and "BD" Districts are to allow assisted living facility and bed and breakfast home uses as permitted uses. '-T---'-'.'-T- r City Council Agenda Memorandum August 21. 2001 Page 5 The amendment to the "B-3" and "B-4" Districts is to allow an animal hospital without outside runs and a mini-storage as permitted uses. The "B-1 A" District is being amended to permit an assisted living facility and bed and breakfast inn uses, eliminate the restaurant use, and eliminate the required masonry wall along the side property line abutting a residential district. In lieu of the masonry wall, a standard screening fence with a height of not less than six (6) feet will be required along the side property line with residential adjacency. A 6-foot tall masonry wall will be required along the rear property line with residential adjacency. Amendment to Article 22, Parking Regulations, renames the article to Off-Street Parking Regulations and establishes minimum widths for access drives. Access drives are vehicular paths that take the vehicles from the drive approach on the public street to the off-street parking area on private property. Currently, there are no minimum standards. The amendment to Article 29, Board of Adjustment authorizes the Board to hold public hearings on petitions for bed and breakfast homes in residential districts. The Board would be required to address location trash receptacles, location of parking, whether outside activities would be permitted, separation from another bed and breakfast home, require a site plan, provide evidence addressing the hotel/motel tax, and allow more than five (5) bedrooms depending on size of structure or lot and age of structure. Agenda item C also requires a public hearing. It defines the term kennel, relaxes current restrictions on kennels located within "1-2" Light Industrial Districts and "1-3" Heavy Industrial Districts, requires a 100 foot set back from an adjoining residential zoning district, but eliminates set backs from other zoning districts. This ordinance, along with agenda items C and D, is part of a package that addresses issues raised in the settlement agreement Bender vs. City of Corpus Christi. It recognizes the industrial property is an appropriate location for kennels and other animal care facilities, especially those with outdoor runs. Due to the fact that some "1-2" Districts are frequently located next to residential districts, a setback from an adjoining residential district was established. There is no required setback from grandfathered residential uses within an "1-2" or "1-3" District, where residential uses are prohibited. Agenda items D and E do not require a public hearing, but relate to agenda item B. These items make related changes to Chapters 6 and 19 of the City Code of Ordinances. Agenda item D amends the ordinances relating to the issuance and renewal of kennel permits, relaxes the current limitation on the number of animals that can be kept within "1-2" and "1-3" Districts, relaxes the setback restrictions on open pastures larger than 5 acres, clarifies that the distance restrictions from food establishments apply to existing food establishments, and modifies the grandfathering provision for existing animal establishments upon annexation. The current ordinance requires an animal care facility to close if a food establishment opens within 500 feet (the City's current animal control facility is within 500 feet of a food service establishment. This amendment would allow the animal care facility to stay in , .,.. ". , City Council Agenda Memorandum August 21, 2001 Page 6 operation, but would prevent the operation of a new animal care facility within 500 feet of an existing food service establishment. Agenda item E creates a reciprocal restriction that would prevent a new food establishment opening within 500 feet of an existing animal care facility. Attachments Planning Commission Minutes Ordinances T , 'r' Planning Commission Minutes June 6. 2001 ZONING TEXT AMENDMENTS Mr. Saldana provided an overview of the Zoning Text Amendments. He said that several definitions have been added or amended. The bed and breaklast use is a new defmition. Currently. the bed and breakfasts use is being used as an extension of the family use as roomers or boarders unrelated to the head of household. Interpretation of the "family" definition allows operation of a bed and breakfast in a residential neighborhood provided the homeowner does not exceed four (4) boarders. The proposed amendment establishes separate defmitions for a bed and breakfast home allowed in residential and low-intensity districts and a bed and breakfast inn that would be allowed in higher intensity uses such as "A-2" Apartment-House and commercial districts. Mr. Saldana explained that beginning \virh the .'A-2" District to the more intense districts. boarding houses are allowed. Therefore a bed and breakfast in an nA_2"' or higher zoning district are allowed more as a liberty bed and breakfast inn than would be allowed for a bed and breakfast homes located in lower intensity districts. Bed and Breakfast Mr. Saldana reviewed the bed and breakfast home use. The home would need to be owner-occupied and limited to five (5) bedrooms available for rent. in addition to a bedroom for the owner. Restaurants, banquet facilities, and other similar uses that would impact the surrounding residential areas are prohibited. Bed and breaklast homes would be pennined in any zoning c1assilication from "F-R" Fann-Rural to "R-2" Multi-family Dwelling District and low-intensity apartment districts. Off-street parking would not be pennitted within the front yard and would have to be behind the area, There are allowances to permit on-street parking provided that it is limited to the boundaries of the bed and breakfast home property. Traffic Engineering would need to approve the parking and verify that the parking would not impede traffic flow. Another requirement would be a minimum 300 feet side separation and a minimum of 150 feet front and rear separation from each bed and breakfast home. Mr. Saldana reviewed the bed and breakfast inn use. The inn is limited to 12 bedrooms. Currently, the "A-2" District pennits boarding houses limited to 20 boarders. Staff discussed limiting the inn to 20 rooms, but using the basis of a boarding house definition. the occupancy of the inn would exceed 20 boarders. All bed and breakfasts are required to comply with the hoteVmotel tax per State law. Mr. Saldaila responded to Commissioner Sween-McGloin's concern by saying that the amendment states that the facility may not have more than 12 bedrooms and not exceed 20 boarders. Commissioner Sween-McGloin suggested limiting the number of boarders to 24. Mr. Gunning responded to Commissioner Sween-McGloin's concern by saying that in order to prove the bed and breakfast use to the Building Division for a Certificate of Occupancy. the owner needed to prove payment of hoteVmotel taxes. Commissioner Mims expressed concern with not being able to create a bed and breakfast district. She said that it is better to create a bed and breakfast district than to amend ordinances at a later date. Mr. Saldana agreed that bed and breakfasts uses could be located within a certain area. He explained that the transition to a bed and breakfast use will impact existing residences if several homeowners decided to operate a bed and breakfast. He suggested that a Planned Unit Development (PUD) be created in established bed and breakfast use areas at a later date, Mr. Saldana said that staff wanted to protect the integrity of single-family residences. Mr. Gunning said that it was suggested that as a prerequisite to establishing the bed and breakfast use a public hearing be required before the Zoning Board of Adjustment in order to give the affected neighborhood residents an opportunity to be heard. He said that Staff suggested requiring the bed and breakfast home use to be reviewed by the Zoning Board of Adjustment and allow the bed and breakfast inn to be allowed by right in designated zoning districts. Commissioner Mims requested that districts allowing bed and breakfast home uses by right need to be listed and identified in the ordinance. , T' , Planning Commission Minutes June 6. 2001 Zoning Text Amendments Page 2 Commissioner Salazar said that he preferred to have the bed and breakfast home use be reviewed by the Zoning Board of Adjustments for expediency and not be required to be presented City CounciL Commissioner Sween-McGloin requested that the bed and breakfast home be limited to five (5) rooms and limit the number of people to ten. Mr. Gunning explained the defmition of a "family" and allowance of 4 unrelated boarders. In allowing a bed and breakfast in a single-family district. typically. bed and breakfasts set up four rooms, presumably one room for each boarder. He added that patrons of a bed and breakfast use are generally couples. Therefore, staff decided to limit the number of rooms to five (5) which would accommodate 10 people, but there is no limitation regarding the number of persons to a room. Planning Commission Minutes June 6. 2001 Zoning Text Amendments Page 3 Claude D' Unger, 201 Del Mar. said that he reviewed the bed and breakfast home. He suggested that a boarder is a person for a period of time and not a transient. Bed and breakfast is a transitory business. Mr. D' Unger said that the bed and breakfast would advertise and the use would impact the neighborhood. He continued that the rights of the neighborhood should be considered before a bed and breakfast use is placed in the neighborhood and asked the Commission to direct statfro review bed and breakfast definitions. Dorothy Spann, representing Del Mar Homeowners Association. said that the neighborhoods do not have rights regarding the establishment of a bed and breakfast in their neighborhood. She said the streets are narrow and congested which causes safety hazards. Ms. Spann said that the neighborhood has been seeking funds to install traffic calming devises. She said that a single-family residential. designated duplexes, and apartments are the highest productivity of tax valuations and tax dollars. She continued that these designations are also the safest. Deed restrictions also protect the neighborhood. Ms. Spann provided a history regarding a 1941 ordinance enacted for the military during an emergency, World War ll. She said that the ordinance required residents to house the military, and that the ordinance has since lingered and is the source of devaluation of neighborhoods to date. Ms. Spann said that she believes that the misutilization of the 1941 ordinance is the result of the current problems in neighborhoods. Ms. Spann expressed concern regarding traffic safety issues. She said that the Del Mar neighborhood is the most vulnerable neighborhood because the homes are traditional with large lawns. The proposed amendments require a 150 feet front and rear setback which would not detract bed and breakfast uses from being adjacent from each other. Ms. Spann quoted the proposed amendments: '"... that has been determined that this amendment would best serve the public health. necessity and the convenience of the general welfare of the City of Corpus Christi." She asked the Commission to allow the Del Mar neighborhood the opportunity to review the amendments with Staff. Dr. Stan Schumaker, 3275 Ocean Drive, owner of Ocean House, said he has been operating the home as a bed and breakfast for four and one-half years. He said that he is in compliance with city regulations. Dr. Schumaker expressed concern with the parking requirement and also asked that the use be allowed to have six (6) bedrooms. Shirley Smith, 21 Hewitt, provided an example of traffic problems associated with Ocean House. She said that there were 30 cars parked in the alley behind her home. The problem prevents her and her neighbors from using the alley because of the lack of parking provided by Ocean House. Tracy Smith, 211 North Carrizo, owner of Blucher House Bed and Breakfast Inn. commended Staff and the Commission on the proposed amendments. Ms. Smith suggested that the requirements not be too strict which would hinder bed and breakfast operations and make the use undesirable for future businesses. She said that the Austin zoning ordinance requires 1,000 feet between bed and breakfasts homes. Ms. Smith continued that Austin also separated bed and breakfast homes and bed and breakfast inns; however. they also have separated the uses by the age of the homes. She responded to Chairman Berlanga's previous comment and suggested that the city could check whether hoteVmotel tax is being paid to verify a legitimate bed and breakfast use because 9% of the tax is paid to the city. Public hearing was closed. Commission discussed concerns expressed by residents. It was suggested that party, rental facilities, parking issues, and allowing the Zoning Board of Adjustment review the case as a public hearing be addressed in the amendments. Commissioner Sween-McGloin requested that the Zoning Board of Adjustment review the bed and breakfast home use. Vice Chairman Mims asked the Commission and Staff to postpone the vote regarding the bed and breakfast use to give Staff an opportunity to address concerns expressed by the residents. Public hearing was postponed to the July 18. 2001 meeting. ~ r 1 Planning Commission Minutes June 6. 200 I Zoning Text Amendments Page 4 Commissioner Sween-McGloin requested information regarding a noise ordinance. Kennels Mr. Saldana provided an overview of the proposed dog kennel definition amendment. He said that the kennel use is a permitted use in the "1-2"' Light Industrial District. A kennel is facility where four (4) or more dogs, cats, or other animals over three (3) months of age are kept, raised, sold, boarded. bred, shown, treated. groomed, exclusive of animals used for agricultural uses. Mr. Saldana said that staff is recommending adoption of the defmition. This use is allowed in "B-3" and "B-4" Business Districts without outside runs. He continued that the kennels would be allowed in the "1-2" Light Industrial District with outside runs. There is an amendment to the "1-2" and "1-3" Districts that would require a separation of the kennels and require a setback not less than 100 feet from a residential district. Mr. Saldana said that the amendment was part of an agreement between the city and a private party board on a court order decree. Public hearing was opened. Tony Bender. 7070 Road C. said that he agreed with "1.2" Light Industrial District zoning for kennels. Public hearing was closed. Commissioner Sween-McGloin expressed concern with relating the amendment to residents and business owners. Residents arc allowed up to five (5) pets, but a kennel is described as four (4) or more pets. Mr. Saldana said that the amendment addresses businesses and will not affect single-family residences. Mr. GUlming said that a single-family resident is required to comply with the city code of ordinance which limits the number of animals that may be kept on a residential lot. He suggested adding language that references payment of services to the kennel and delete age requirement of three (3) months. Mr. Gunning said that the Legal Department could reconcile the amendment with other city codes. Public hearing was opened. In response to Commissioner Pusley's question, Mr. Bender said the kennels are controlled by the city and require a city permit from the Animal Control Department. Public hearing was closed. Commission requested that the kennels be postponed to the July 18,2001 meeting. Mr. Saldana highlighted the remainder of proposed definitions and zoning text amendments. Animal Hospital He said that the Animal hospital use is currently not defined in the Ordinance, but is listed as a permitted use in the "B-4" General Business District. Assisted Living Facilities The assisted-living facility is a new use that needs addressing. There have been several requests for a change of zoning for the use and Code Enforcement has classified the use as being similar to an apartment hpteI which is permitted in an "A-Z" Apartment House District. However, there are several assisted-living facilities that were permitted in less intense districts than the "A-2" District through the use of Special Permits. An assisted- living facility is defined as a facility comprised of seven (7) or more individuals. A facility of six (6) persons or less is regulated by state and does not allow a facility in a single-family resident. According to local assisted-living facilities operators, approximately fifty (50) percent of the residents normally do not own automobiles. Therefore, -..,.-- "~.~~-~.~- ._.~-~----~. Planning Commission Minutes June 6. 2001 Zoning Text Amendments Page 5 traffic impact from these facilities will be minimal. The density (number of rooms) of an assisted-living facility would be limited to the density limitation of the district. Commercial Vehicles The commercial vehicle definition has been added to clarifY the commercial vehicle referenced in the defmition of a private garage. Mr. Gunning said that Mr. Norbert Hart. Director of Housing and Community Development. requested that the definition read as follows: "A vehicle licensed as commercial has a Texas Depanment of Licensing and Regulations number or has a permanently affLxed business/logo:' Chairman Berlanga asked about vehicles that use magnetic signs. Mr. Gunning answered that they are not considered commercial vehicles unless they are licensed as commercial. Gara2e The current definition for "Garage, Private"' limits all private garages to 900 square feet and not more than four (4) motor-driven vehicles. The Zoning Board of Adjustment (ZBA) has, throughout the years, received numerous requests to allow private garages in excess of 900 square feet. The ZBA requested that the Zoning Ordinance be amended to allow larger garages based on the lot size and/or size of the house. After reviewing that requests approved by ZBA and the new windstorm standards for garages, Staff recommends that the current 900 square foot limitation not change, but to allow increased garage sizes for single-family residences larger than 1,836 square feet. In this case. a garage may not exceed 49 percent of the size of the home. Limiting the garage size based on the house size instead of the lot size would ensure that the garage would remain as an accessory to the house. Mr. Saldana said that calculations for the garage are made for the garage based on exclusion of work area, storage area, bathrooms, and living areas. Mini-Storaee The enclosed mini-storage use is being amended to increase the size of the individual unit. The increase from 300 square feet to 400 square feet will allow operators of mini-storage facilities to store boats. The current 300 square foot limitation is not large enough to store boats. The Planning Commission has recommended and City Council has approved several Special Permits for larger units to accommodate boats. This amendment will eliminate the uncenainty of whether the boat storage would be permitted and allows the developer to plan boat storage units at the outset. Mr. Saldana said that the height limitation proposed would be 15 feet. "A-I A" District Mr. Saldana explained that there have been several property owners that preferred a "B-IA"' Neighborhood Business District but because of the restaurant use that is permitted, the request was defeated. He said that a "B-IA" District without a restaurant use would be more acceptable to surrounding property owners. Therefore, it is recommended eliminating the restaurant as a permitted use and. A masonry wall is currently required along the property line that is adjacent to a residential district. It was not Staffs intent to require a masonry wall along the side property lines. if adjacent to residential zoning. The intent was only along the rear property line and a standard screening fence along the side property lines. The reason for not requiring a masonry wall along the side property lines was because there is a higher probability that the adjacent property to the side would rezone to a nonresidential district and the fence would not be required. If a masonry wall is required, it is unlikely that the wall would be removed. The end result would be a series of adjoining lots walled in on three (3) sides. Drivewavs Mr. Saldana said that the access drive is not addressed in the Zoning Ordinance. He described an access drive as the driveway that extends from the drive approach at the street to the parking area interior to the lot. Currently, there are no minimum width requirements for the access drives. The purpose of this amendment is to require minimum access drive widths, based on whether it is a one-way or two-way drive. After discussion with Traffic Engineering, Staff is recommending standards: 10-foot driveway for single-family homes, 15 feet for one- --, I !J Planning Commission Minutes June 6. 2001 Zoning Text Amendments Page 6 way drives, 20 feet if one-way drive and designated as an emergency access driveway, and 24 feet for two-way access drives. Commissioner Sween-McGloin asked whether Staff has decided that a "B-IA" District is not appropriate for a mixed use. Mr. Saldaila said that the "B-IA" District is useful for mixed use. but the restaurant use needed to be excluded. He explained that the neighborhoods adjacent to property being considered for "B-IA" District zoning were not opposed to retail use, but were opposed to the restaurant use. Commissioner Sween-McGloin expressed concern with the allowable size of garages as proposed in the amendments. Commission discussed language for calculations for a private garage. It was decided that the language would be "49% of the gross floor area excluding garages, porches. and patios of the main building". Motion by Sween-McGloin. seconded by Mims. to approve the Zoning Text Amendments regarding access drives, animal hospitals, assisted living facilities. commercial vehicles. private garages as amended, enclosed mini-storages and "B-IA" Neighborhood Business District as amended. Motion passed with Amsler, Cheek. and Richter being absent. .' --T-.--------...,....-.---. . Planning Comssion Minutes (Unapptoved) July 18,2001 ZONING ORDINANCE TEXT AMENDMENTS Mr. Saldana said that there was concern regarding the bed and breakfast use as ptoposed by Staff to permit a bed and breakfast home in a residential area by right and without knowledge to the adjoining residential uses. He said that Planning Commission wanted to provide some type of public input as to the locations of these bed and breakfast homes. An ordinance was created which gives the Zoning Board of Adjustment (ZBA) the authority through a special use exception, to allow or not allow a bed and breakfast home in a certain area and allows for public input. The ordinance also provides some guidance as to the issues that should be addressed, mayor may not allow outdoor activities, limit the hours of the outdoor activities, require separation between bed and breakfast homes, require a site plan and required evidence of addressing the hotel/motel tax. Staffs opmion is that some allowance of bed and breakfast homes in residential areas without the required hearing and certain limitations would address a tourist need. With the proposed public hearing, it is possible that a bed and breakfast home would not be permitted in an area ideal for bed and breakfast due to the neighborhood opposition. In response to Commissioner Sween-McGloin, Mr. Saldana said that bed and breakfasts would be permitted in an apartment district while a motel is not. He said that a motel is not limited to the number of patrons permitted; however, a bed and breakfast home is limited to 12. Mr. Saldana addressed the party facility use by saying that party facilities are not allowed in a "R-1B" District, but base zoning allows other uses such as catering. He continued that if the bed and breakfast home is in compliance with the current zoning, the use will be grandfathered and will not have to go before the Zoning Board of Adjustment (ZBA). If the bed and breakfast home exceeds four (4) boarders, they will have to go before the ZBA to increase the number of boarders allowed. Commissioner Sween-McGloin requested that the bed and breakfast home be limited to 10 people and the bed and breakfast inn be limited to 24 people. Mr. Saldana provided an overview of changes made to the ordinance pertammg to kennels. Commissioner Sween-McGloin requested the addition of "any of the following" and deleting "or both" . Commissioner Richter said that the language in the ordinance is too restrictive for bed and breakfast homes and asked about dumpsters. Mr. Saldana responded that dumpsters are not required in the ordinance. If there is a dumpster, the location needs to be known. Motion by Sween-McGloin, seconded by Mirns, to forward the Zoning Text Amendments as amended to City CounciL Motion passed with Richter voting "Nay". Commissioner Richter said that she did not support the text amendments because she believes that the bed and breakfast amendments do not convey the ideas that the bed and breakfasts are supported in the city. . .... . Page 1 of 12 AN ORDINANCE AMENDING THE ZONING ORDINANCE BY REVISING ARTICLE 3, DEFINITIONS; ARTICLE 4A, "F-R" FARM RURAL DISTRICT REGULATIONS; ARTICLE 4B, "RE" RESIDENTIAL ESTATE DISTRICT REGULATIONS; ARTICLE 4C, "RA" ONE-FAMILY DWELLING DISTRICT REGULATIONS; ARTICLE 5, "R-1A" ONE- FAMILY DWELLING DISTRICT REGULATIONS; ARTICLE 6B, "R-TH" TOWNHOUSE DWELLING DISTRICT REGULATIONS; ARTICLE 7, "R-2" MULTIPLE DWELLING DISTRICT REGULATIONS; ARTICLE S, "A-1" APARTMENT HOUSE DISTRICT REGULATIONS; ARTICLE SA, "A-1A" APARTMENT HOUSE DISTRICT REGULATIONS; ARTICLE 9, "A-2" APARTMENT HOUSE DISTRICT REGULATIONS; ARTICLE 10, "AT" APARTMENT-TOURIST DISTRICT REGULATIONS; ARTICLE 11, "AB" PROFESSIONAL OFFICE DISTRICT REGULATIONS; ARTICLE 12A, "B-1 A" NEIGHBORHOOD BUSINESS DISTRICT REGULATIONS; ARTICLE 14A, "BD" CORPUS CHRISTI BEACH DESIGN DISTRICT REGULATIONS; ARTICLE 15, "B-3" BUSINESS DISTRICT REGULATIONS; ARTICLE 16, "B-4" GENERAL BUSINESS DISTRICT REGULATIONS; ARTICLE 22, PARKING REGULATIONS; AND ARTICLE 29, THE BOARD OF ADJUSTMENT; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. WHEREAS, the Planning Commission has fOlwarded to the City Council its reports and recommendations concerning the amendment of the Zoning Ordinance of the City of Corpus Christi; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, June 6, 2001, and July 18, 2001, during a meeting of the Planning Commission, and on Tuesday, August 21,2001, 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 revising Article 3, Definitions, to read as follows: "ARTICLE 3. DEFINITIONS "Section 3-1 Words used in the present tense include the future; words in singular number include the plural number; and words in the plural number include the singular. The word "building" includes the word "structure". The word "shall" is mandatory and not H :ILEG-DIRIDoyleDCurtisIMYDOCSI2001 IP&ZORD01 IZoning.ordlDOYLECl2001 IDCMultZonTxtAmnd3.doc ~'-"'"-Y---'-'''---~'''''-''' -. Page 2 of 12 directory. In the interpretation of this Ordinance only, and no other, certain terms and words are hereby defined as follows: * * * * * "3-1.02.1.1 Animal hospital. A facility where animals or pets are qiven medical or surqical treatment and are cared for durinq the time of such treatment. * * * * * "3-1.05.0.1 Assisted livina facilitv. A facilitv comprised of dwellinq units and carinq for seven (7) or more individuals, that provides primarilv nonmedical resident services to individuals in need of personal assistance essential for sustaininq the activities of dailv Iivinq on a 24-hour basis. The facilitv may contain a common kitchen and dininq room. * * * * * "3-1.06.1 Bed and breakfast (B&Bl home. A private. owner-occupied residence that offers sleepinq accommodations to lodqers. Sleepinq accommodations shall not exceed five (5) bedrooms and not more than ten (10) people. not includinq the owner. occupied rooms. Owner-occupied rooms include rooms occupied bv people related to the owner. For the purpose of this definition. a lodqer means a person who rents a room in a B&B home establishment for fewer than thirty (30) consecutive days. Kitchen and dininq facilities may be included to provide meals to quest onlv: however, no food preparation shall be permitted in quest bedrooms. "3-1.06.2 Bed and breakfast (B&Bl inn. A facility that offers sleepinq accommodations to lodqers. Sleepinq accommodations shall not exceed twelve (12) bedrooms and not more than 24 people. The owner and/or operator~mav live on the premises. For the purpose of this definition. a lodqer means a person who rents a room in a B&B inn establishment for fewer than thirty (30) consecutive days. Kitchen and dininq facilities may be included to provide meals to quest onlv: however. no food preparation shall be permitted in quest bedrooms. This term excludes any bed and breakfast home. * * * * * "3-1.14.2 Commercial vehicle. A vehicle licensed as commercial. has a Texas Department of Licensinq and Reoulations number. and/or has a permanentlv affixed commercial/business loqo. * * * * * "3-1.29 Garaae. Private. ,^.n L1cceccorv I=HoIiIEliAQ nat ())(GoeElina gOO SElI:lGlm feet in area aesiano8 Sf weed for tho E:teraao of not morc tAan four rnotQr Eirivon vohiclos s'/:rloa oRd I:lseEll3'l the eElElI:lB8F1ts of tho 81:lilEliFlEl ta .....hieR it is aeeeccerv. A detached accessory or portion of a main buildinq desiqned or used for the storaqe of not more than four (4) motor-driven vehicles of the occupants of the premises that does not exceed 900 H:ILEG-DI RIDoyleDCurtislMYDOCS\200 1 IP &ZORDO 1 IZoning.ordlDOYLEC\200 1 IDCMultZon TxtAmnd3.doc . .." .,... Page 3 of 12 sauare feet or 49 percent of the aross floor area of the main buildina. whichever is areater. No more than one of the vehicles may be a commercial vehicle. which may aAEI that (lAe shall 190 not exceed a Rlore than two-ton capacity. Calculations for determinina the area of the private aaraae shall not include the areas desianated as work area. Iivina area. storaae area. bathrooms and similar areas. . . . . . "3-1.48.4 Mini-storage, enclosed. A buildina or aroup of buildinas divided into separate compartments for the temporary storage of personal goods. Each compartment may not exceed an area of four hundred (400) sauare feet. fer RslefiR!j er &3fel'CeeraiVl!;) iA Q dopesitsr;y, oont:liAing incti':idual or separate BOYE: nQt o)(eeodiA~ tAres RI:lRelreel (~gg) EEll:lare feet iR area. ~ The storage building or buildings shall not exceed one (1) story. fifteen (15) feet in heiaht. SECTION 2. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by revising Article 4A, "F-R" Farm- Rural District Regulations, Section 4A-2 Use Regulations. to read as follows: "ARTICLE 4A. "F-R" FARM-RURAL DISTRICT REGULATIONS . . . . . "Section 4A-2 Use Regulations. A building or premises shall be used only for the following purposes: . . . . . "(15) Bed and breakfast (B&B) home. SECTION 3. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by revising Article 4B, "R-E" Residential Estate District Regulations, Section 4B-2 Use Regulations. to read as follows: "ARTICLE 48. "R-E" RESIDENTIAL ESTATE DISTRICT REGULATIONS . . . . . "Section 48-2 Use Regulations. A building or premises shall be used only for the following purposes: . . . . . "(12) Bed and breakfast (8&8) home. SECTION 4. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by revising Article 4C, "RA" One Family Dwelling District Regulations, Section 4C-2 Use Regulations. to read as follows: H:\LEG-D IR\DoyleDCurtis\MYDOCS\2001 \P &ZORD01 \Zoning. ord\DOYLEC\200 1 \DCMultZon TxtAmnd3.doc --T-- ----.---r--.-- T Page 4 of 12 "ARTICLE 4C. "RA" ONE FAMILY DWELLING DISTRICT REGULATIONS . . . . . "Section 4C-2 Use Regulations. A building or premises shall be used only for the following purposes: . . . . . "(12\ Bed and breakfast (B&B\ home. SECTION 5. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by revising Article 5, "R-1A" One Family Dwelling District Regulations, Section 5-2 Use Regulations. to read as follows: "ARTICLE 5. "R-1A" ONE FAMILY DWELLING DISTRICT REGULATIONS . . . . . "Section 5-2 Use Regulations. A building or premises shall be used only for the following purposes: . . . . . "(15\ Bed and breakfast (B&B\ home. SECTION 6. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by revising Article 6B, "R-TH" Townhouse Dwelling District Regulations, Section 6B-2 Use Regulations. to read as follows: "ARTICLE 6. "R-TH" TOWNHOUSE DWELLING DISTRICT REGULATIONS . . . . . "Section 68-2 Use Regulations. A building or premises shall be used only for the following purposes: _ . . . . . . "(10\ Bed and breakfast (B&B\ home. SECTION 7. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by revising Article 7, "R-2" Multiple Dwelling District Regulations, Section 7-2 Use Regulations. to read as follows: H:ILEG-D IRIDoyleDCurtislMYDOCS\2001 IP&ZORD01 IZoning.ordlDOYLEC\2001 IDCMultZon TxtAmnd3. doc , .. r. Page 5 of 12 "ARTICLE 7. "R-2" MULTIPLE DWELLING DISTRICT REGULATIONS * * * * * "Section 7-2 Use Regulations. A building or premises shall be used only for the following purposes: * * * * * "( 5) Assisted livinq facilitv. SECTION 8. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by revising Article S, "A-1" Apartment House District Regulations, Section S-2 Use Regulations. to read as follows: "ARTICLE 8. "A-1" APARTMENT HOUSE DISTRICT REGULATIONS * * * * * "Section 8-2 Use Regulations. A building or premises shall be used only for the following purposes: * * * * * "( 6) Assisted Iivinq facilitv. SECTION 9. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by revising Article SA, "A-1A" Apartment House District Regulations, Section SA-2 Use Regulations. to read as follows: "ARTICLE 8A. "A-1A" APARTMENT HOUSE DISTRICT REGULATIONS * * * * * "Section 8A-2 Use Regulations. A building or premises shall be used only for the following purposes: * * * * * "(15) Bed and breakfast (B&B) home. "(16) Assisted Iivinq facilitv. SECTION 10. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by revising Article 9, "A-2" Apartment House District Regulations, Section 9-2 Use Regulations. to read as follows: "ARTICLE 9. "A-2" APARTMENT HOUSE DISTRICT REGULATIONS H :ILEG-OI RIOoyleDCurtislMYDOCS12001 IP &ZORD01 IZoning.ordlDOYLECl200 1 IDCMultZon TxtAmnd3.doc , . -r Page 6 of 12 . . . . . "Section 9-2 Use Regulations. A building or premises shall be used only for the following purposes: . . . . . "(11) Assisted livinq facilitv. "(12) Bed and breakfast (8&B) inn. SECTION 11. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by revising Article 10, "AT" Apartment-Tourist District Regulations, Section 10- 2 Use Regulations. to read as follows: "ARTICLE 10. "AT" APARTMENT-TOURIST DISTRICT REGULATIONS . . . . . "Section 10-2 Use Regulations. A building or premises shall be used only for the following purposes: . . . . . "( 8) Assisted livino facilitv. "( 9) Bed and breakfast (B&B) inn. SECTION 12. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by revising Article 11, "AB" Professional Office District Regulations, Section 11-2 Use Regulations. to read as follows: "ARTICLE 11. "AB" PROFESSIONAL OFFICE DISTRICT REGULATIONS . . . . . "Section 11-2 Use Regulations. A building or Rremises shall be used only for the following purposes: . . . . . "(16) Assisted Iivinq facility. "(17) Bed and breakfast (B&B) inn. SECTION 13. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by revising Article 12A, "B-1A" Neighborhood Business District Regulations, Section 12A-2 Use Regulations, and Section 12A-9 Supplementary Site Design Regulations, to read as follows: H :ILEG-DIRIDoyleDCurtisIMYDOCS\2001 IP &ZORDO 1 IZoning.ordlDOYLEC\2001 IDCMultZon TxtAmnd3.doc 1 T" T Page 7 of 12 "ARTICLE 12A. "B-1 A" NEIGHBORHOOD BUSINESS DISTRICT REGULATIONS * * * * * "Section 12A-2 Use Regulations. A building or premises shall be used only for the following or similar purposes: * * * * * "(11) Restal:lrants Assisted Iivinq facility. "(12\ Bed and breakfast (8&B\ home. "(13\ Bed and breakfast (8&B\ inn. * * * * * "Section 12A-9 Supplementary Site Design Regulations * . * * * "Section 12A-9-2 Reserved. Restaurants in this eistrist shall net have Elrive thrGl:I€lh windQ~.Jf.: :J.nd FFlllct have airoct :uaeecc to :J.n oXJ3rSEt?NJOY, froAtogo raae, or :utori:::I, 'A'itR AQ siroGt :J.CC8ES to a sellootor or 10001 EtfOOt. T~e l'CitohoA, Eorw'io8 an38, troEh reS8J3t:l0Ies, ef ElroClEo traJ3G A1UEt BO no GlsBar than fifty (fag) foot f-r8rn \:lAY aajaeoAt rosidoAtial aiEtrict. * * * * * "Section 12A-9.4 A six (6) foot high masonry fence shall be required alonq the rear property line where abutting a residential district. A standard screeninq fence with a heiqht of not less than six (6\ feet shall be required alonq the side property lines where abuttinQ a residential district. A screeninq fence is not required across street or drainaqe riqhts-of-way. SECTION 14. That the Zoning Ordinance of the CIty of Corpus Christi, Texas, is amended by revising Article 14A, "BD" Corpus Christi Beach Design District, Section 14A-2 Use Regulations, to read as follows: "ARTICLE 14A. "BD" CORPUS CHRISTI BEACH DESIGN DISTRICT * * * * * "Section 14A-2 Use Regulations. A building or premise shall be used for the following or similar purposes: * * * * * "(35\ Assisted Iivinq facility. H :ILEG-DI RIDoyleDCurtislMYDOCS1200 1 IP&ZORD01 IZoning.ordlDOYLECl2001 IDCMultZon T xtAmnd3.doc , -----" - Page 8 of 12 "(36) Bed and breakfast home. "(37) Bed and breakfast (B&B) inn. SECTION 15. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by revising Article 15, "B-3" Business District Regulations, Section 15-2 Use Regulations, to read as follows: "ARTICLE 15. "B-3" BUSINESS DISTRICT REGULATIONS . . . . . "Section 15-2 Use Regulations. A building or premises shall be used only for the following purposes: . . . . . "( 8) Animal hospital with no outside runs \9osl3itals or olinies for L1Rimals, 81:lt no Ol3eR konAsl0 th:tll DO pormittoe . . . . . "(18) Mini-storaae. enclosed Teml30rary storage of l3ersonal gases for hsleing or safokeor:>iAg iF} a aopoEitory, eeAtainiAg incliviczlual or &oFJ8Fata Bays ACJt o)(Go0aiFlg tl=lree I'1I:lF!ereEl (dOG) sEjl:lare feet in area. al:leh storage 81:lileliRg or 81:lileliRgS sl'1all Fist 0)(6888 one (1) story iFl hoigRt. SECTION 16. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by revising Article 16, "B-4" General Business District Regulations, Section 16-2 Use Regulations, to read as follows: "ARTICLE 16. "B-4" GENERAL BUSINESS DISTRICT REGULATIONS . . . . . "Section 16-2 Use Regulations. A building or premises shall be used only for the following purposes: . . . . . "( 8) Animal hospital with no outside runs \9osl3ltols or oliniss for aniFFlals, Bl:lt ns sl3eR keRRels sl=lall13e l3erFFlittoel . . . . . "(18) Mini-storaae. enclosed Tomporary storage of l3ersonal goods fer haleling or GafokeefliFlg iA a 8oPQE:itory, oOAtaiAing indiviau:J1 or E:Op9rato B3YE: not G))(s8oaiFlgJ tl=lree I=Il:lnelreEl (dOO) sEjl:lare feet iF! area. al:lsh storage 81:lilEling or Bl:lilelings shall Ret s)(Geea OAO (1) EtOry in hoight. H:ILEG-DI RIDoyleDCurtisIMYDOCS\2001 IP&ZORDO 1 IZoning.ordlDOYLEC\2001 IDCMultZon T xtAmnd3.doc , . Page 9 of 12 SECTION 17. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by revising Article 22, Parking Regulations, by adding the Assisted living facility and Bed and breakfast (B&B) home or inn uses to the chart, and revising Section 22-4 Design Standards, to read as follows: "ARTICLE 22. OFF-STREET PARKING REGULATIONS * * * * * "Column 1 Column 2 Column 3 Column 4 "Use or Use Category Location Spaces Required Per Additional Requirements Basic Measuring Unit ***- --. -- - "Assisted living faciiity All districts 0.5 per room or suite None * * * * * Column 1 Column 2 Column 3 Column 4 "Use or Use Category Location Spaces Required Per Additional Requirements Basic Measuring Unit "Bed and breakfast home Parking for B&B home to or inn All districts 1 per room or suite be approved by Board of Adiustment 'Ir**_ --. **-* .-. * * * * * "Section 224 Design Standards: * * * * * "22-4.03.01 Driveway approaches ontmR80E GAEl mdlE for all parking facilities shall comply with existing ordinances of the City of Corpus Christi, including, but not limited to the Manual of Driveway Design and Constructions Standards. "22-4.03.02 Access drives within private propertv shall conform to the followinQ standards: a) Access drives for one and two-familv dwellinas shall have a width of not less than ten (10) feet. H :ILEG-OI RIOoyleOCurtislMYOOCS\2001 IP&ZOROO 1 IZonlng.ordlOOYLEC\2001 IOCMuitZon TxtAmnd3.doc --I ---'T-- r Page 10 of 12 b) All other one-way access drives shall have a width of not less than fifteen (15) feet. provided that a width of not less than twenty (20) feet may be required for one-way drives desiqnated as emerqency access roadways. c) Two-way access drives shall have a width of not less than twenty-four (24) feet. . . . . . SECTION 18. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by revising Article 29, The Board of Adjustment, Section 29-3 Special Use Exceptions, to read as follows: "ARTICLE 29. THE BOARD OF ADJUSTMENT . * * * * "Section 29-3 Special Use Exceptions. In order to provide for adjustment in the relative locations of uses and buildings of the same or different classifications, to promote the usefulness of this Ordinance as an instrument for fact finding, interpretation, application, adjustment and to supply the necessary elasticity to its efficient operation, special use exceptions are permitted by the terms of this Ordinance. The following buildings and uses are permitted as special exceptions if the Board of Adjustment finds, that in its opinion, as a matter of fact, such exceptions will not substantially affect adversely the uses of adjacent and neighboring property permitted by this Ordinance. . * * * * "29-3.13 A bed and breakfast home, if located in the "F-R" Farm-Rural. "RE" Residential Estate. "RA" One-family Dwellinq, "R-1A" One-family Dwellinq. "R-1 B" One-family Dwellinq. "R-1C" One-family Dwellinq, "R- TH" Townhouse Dwellinq. "R-2" Multiple Dwellinq. "A-1" Apartment House. "A-1A" Apartment House. B-1A Neiqhborhood Business. or the BD Beach Desiqn District. may be allowed, after a public hearinq. The Board must. at a minimum. consider the followinq conditions as part of the review process: :: a) Location of service areas and dumpsters: b) On-street oarkinq area as oart of the oarkinq requirements and prohibit parkinq in the front yard: c) Whether to permit outdoor activities. establish hours of operations for outdoor activities, includinq parties, banquets. dances, etc.. and determine the frequency of the outdoor activities: H:ILEG-D IRIDoyleDCurtislMYDOCS\2001 IP&ZORD01 IZoning.ordlDOYLEC\200 1 IDCMultZon TxtAmnd3.doc . T. . Page 11 of 12 d) Require a separation between another bed and breakfast facilitv of a minimum radius of 300 feet: e) Require the submission of a detailed site plan indicating items listed above and others deemed necessary bv the Board: f) Evidence of addressino hotel/motel tax: and 0) Permit the proposed B&B home to exceed the five (5) bedroom limit due to the size of the existinq structure and lot and the aoe of the structure. SECTION 19. 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 20. 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 21. That any ordinance or part of any ordinance in conflict with this ordinance is expressly repealed by this ordinance. SECTION 22. 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 23. 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. '. H :ILEG-DIRIDoyleDCurtisIMYDOCS\2001 IP&ZORD01 \Zoning .ordIDOYLEC\2001 IDCMultZon T xtAmnd3.doc . - Page 12 of 12 That the foregoing ordinance was read for the first time and passed to its second reading on this the 21st day of August, 2001, by the following vote: Samuel L. Neal, Jr. Rex A. Kinnison Brent Chesney John Longoria Javier D. Colmenero Jesse Noyola Henry Garrett Mark Scott William Kelly That the foregoing ordinance was read for the second time and passed finally on this the day of , 2001, by the following vote: Samuel L. Neal, Jr. Rex A. Kinnison Brent Chesney John Longoria Javier D. Colmenero Jesse Noyola Mark Scott Henry Garrett William Kelly PASSED AND APPROVED, this the ATTEST: day of ,20 Samuel L. Neal, Jr. Mayor, The City of Corpus Christi Armando Chapa City Secretary APPROVED AS TO LEGAL FORM August 17, 2001 By: Curtis ssistant City Attorney H:ILEG-DIRIDOYLEDCURTISIMYDOCS\2001 IP&ZORD01 \ZON ING. ORDlDOYLEC\2001 IDCMUL TZONTXT AMND3. DOC . . AN ORDINANCE AMENDING THE ZONING ORDINANCE BY REVISING ARTICLE 3 BY ADDING A DEFINITION OF KENNEL AND ARTICLE 20, SECTION 20-5 AND ARTICLE 21, SECTION 21-6 BY REQUIRING BUILDINGS AND STRUCTURES USED TO HOUSE ANIMALS, BIRDS, AND POULTRY AT ANIMAL SHELTERS, KENNELS, AND COMMERCIAL ESTABLISHMENTS THAT RAISE ANIMALS, POULTRY, AND BIRDS WITHIN AN 1-2 LIGHT INDUSTRIAL DISTRICT AND 1-3 HEAVY INDUSTRIAL DISTRICT TO BE SET BACK AT LEAST 100 FEET FROM ANY REQUIRED YARD LINES IF ABUTTING OR ADJOINING A RESIDENTIAL DISTRICT; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. WHEREAS, on Thursday, November 9, 2000, the Animal Control Advisory Committee reviewed and recommended the adoption of this amendment. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the amendment of the Zoning Ordinance of the City of Corpus Christi; WHEREAS, with proper notice to the public, public hearings were held on Wednesdays, June 6 and July 18, 2001, during a meeting of the Planning Commission, and on Tuesday, August 21, 2001, 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 adding Subsection 3-1.38.3 to Section 3-1 to read as follows: "ARTICLE 3. DEFINITIONS. "Section 3-1 Words used in the present tense include the future, words in singular number include the plural number, and words in the plural number include the singular; the word "building" includes the word "structure;" the word "shall" is mandatory and not directory. In the interpretation of this Ordinance and none other certain terms and words are hereby defined as follows: * * * * * R0130184.wpd , . ~ 2 "3.1.38.3 Kennel. A commercial facility where four or more dogs, cats, or other animals over three (3) months of age are kept, raised, sold, boarded, bred, shown, treated, groomed, but exclusive of animals used for agricultural purposes." * * * * * SECTION 2. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by adding Subsection 20-5.04 to Section 20-5 to read as follows: "Section 20-5 Height and Area Regulations. Height and area requirements shall be as set forth in the chart of Article 24, and in addition the following regulations shall apply: * * * * * "20-5.04 Whenever any buildina or structure. includina but not limited to a bird coOP. cattery. corral. doa run. paddock, pen, plaeon cote, rabbit hutch. stable. or stall in the "1-2" Liaht Industrial District used to house animals, poultry. or birds in an animal pound. commercial animal. poultry. or bird raisina establishment. or kennel. adioins or abuts a residential district. the buildina or structure shall be set back not less than 100 feet from all reauired yard lines abuttina a residential district. "ill A Farm-Rural zonina district is not considered a residential district for the purposes of this subsection. "ill No setbacks are reauired for fenced pastures of at least one acre used to hold livestock. such as cattle and horses." SECTION 3. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by adding Subsection 21-6.04 to Section 21-6 to read as follows: "Section 21-6 Height and Area Regulations. Height and area requirements shall be as set forth in the chart of Article 24, and in addition the following regulations shall apply: * * * * * "21-6.04 Whenever any buildina or structure. includina but not limited to a bird cOOP. cattery. corral. doa run. paddock. pen. piaeon cote. rabbit hutch. stable. or stall in the "1-3" Heavy Industrial District used to house animals. poultry. or birds in an animal pound, R0130184wpd 1 r 3 commercial animal. poultry. or bird raisina establishment. or kennel. adioins or abuts a residential district. the buildina or structure shall be set back not less than 100 feet from all reauired yard lines abuttina a residential district. "ill A Farm-Rural zonina district is not considered a residential district for the purposes of this subsection. "ill No setbacks are reauired for fenced pastures of at least one acre used to hold livestock. such as cattle and horses." 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 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 6. That any ordinance or part of any ordinance in conflict with this ordinance is expressly repealed by this ordinance. SECTION 7. 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 8. 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. R01301B4wpd 1 _._.......".......~--- " ' AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, CHAPTER 6, ANIMAL CONTROL, REGARDING COMMERCIAL PERMITS, FEES, AND SPACING REQUIREMENTS.; PROVIDING FOR PENALTIES; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Section 6-18 of the Code of Ordinances is amended to read as follows: Sec. 6.18. Commercial permits and fees. (a) Except for veterinarians or veterinary hospitals: all commercial animal establishments and owners/possessors of dogs defined as "guard dogs" shall be required to maintain a current and valid commercial permit. (Ql The commercial permit shall be renewable annually upon inspection and payment of a fee. {fl Fees for such permits shall be in accordance with the following schedule: Pet stores. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $50.00 Department stores (fish, rodents, birds) . . . . . . . . . 25.00 Kennels: Authorized less i:ess--than 10 animals .. 25.00 Kennels: Authorized between 10 to-~50 animals. 50.00 Kennels: Authorized 51 or more animals. . . . . . . 100.00 Stables: Authorized less i:ess--than 10 horses . . . . 25.00 Stables: Authorized between 10 to-~25 horses '. 50.00 Stables: Authorized 26 or more horses. . . . . . . . 100.00 Grooming shops. . . . . . . . . . . . . . . . .50.00 Temporary performing animal . " . .. . .25.00 Circuses . . . . . . . . . . . . . . . . . . . . 50.00 Rodeos .. _ . . . . _ _ . . . _ . _ _ . . . _ . .. - '" . 50.00 R01301A4wpd '-' r r 2 Petting zoos (temporary) . . . . . .50.00 Guard dogs: Single dog/single site .... .25.00 Multiple dogs/single site . . . .. . . .. . . . .50.00 Multiple sites with 1 dog . . . . . . 100.00 Training center. . . . . . 200.00 Animal exhibit. . . . . . . . . . 200.00 Breeding (for sale) . . . . . . . . . . . . . . . 200.00 Rabbits (breeding and sale) . . . . . . . . . . . . . . . . . . 50.00 Auctions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100.00 Temporary permit (30 day for sale of animals) ". 15.00 (b) Permits shall be issued and renewed upon application. Each permit for a kennel or stable shall specify the maximum number of animals that may be kept at the business establishment. Ic) Upon initial application for a permit. the animal control officer shall and-review and certify that the commercial animal establishment is in compliance with all construction, zoning, or other ordinances of the city governing the conduct of the business of the commercial animal establishment after consultino with the Buildino Official and Zoning and Code Enforcement Administrator. An appropriate certificate of occupancy issued bv the Buildino Official may be considered as evidence that the commercial animal establishment complies wiht the City's construction and zonino ordinances. @ No permit shall be transferred or assigned. @l Any establishment providing services classified in two (2) or more categories of fees in the fee schedule will be required to obtain only one permit, and the fee charged for such permit shall be the highest of the fees for any of the applicable categories. ill Animal exhibits and accredited zoological parks may request permission to possess prohibited animals within the city limits of the City of Corpus Christi for the duration of the commercial permit. Possession of a prohibited animal pursuant to this section shall be exempt from the terms of section 6-32 and subject to regulations prescribed by the R01301A4 wpd ---, -----,-- , 3 city health officer for indemnification of the city, proof of insurance and such other conditions deemed necessary to preserve the safety and welfare of the public. {gl Except as provided for a circus, performing animal exhibition, or auction, the commercial permit shall be renewable annually upon inspection. il:!2 Commercial permits granted to a circus, rodeo, auction, or performing exhibition shall be valid for the duration of the event not to exceed thirty (30) days from the date of issuance. Any circus, rodeo, auction, performing animal exhibition, or zoological park may request limited permission to possess a prohibited animal within the city limits of the City of Corpus Christi for the duration of the commercial permit. Possession of a prohibited animal pursuant to this section shall be exempt from the terms of section 6- 32 and subject to regulations prescribed by the city health officer for indemnification of the city, proof of insurance, and such other conditions deemed necessary to preserve the safety and welfare of the public. .ill A waiver of the permit requirements of this section may be granted by the city health officer in cases involving a scientific or educational program, a show or exhibition by a nonprofit organization or animals owned by the city upon a finding that such a waiver would not endanger the public or animal health, or create a nuisance. fet-ill.-'n addition to all other conditions of this section, owners/operators of stables or kennels, except kennels operated by veterinarians, where animals are boarded or grazed for a fee must maintain a register identifying all animals boarded or grazed, the name, address, and telephone number of the owners of each animal including an alternative emergency telephone number, and a statement by the owner of each animal boarded or grazed either assuming total responsibility for the care and feeding of the animal, or transferring all responsibility for the care and feeding of the animal to the stable or kennel owner/operator. ill The stable or kennel owner/operator must also provide an emergency telephone number where the stable or kennel owner/operator or caretaker can be reached if they are not on the premises. fdt-ill.Each commercial animal establishment, even though owned by the same person, must possess a permit. fml Upon the change in the location or ownership, a new application for a commercial permit shall be required. l.D.} Each commercial animal establishment shall be subject to inspection by an animal control officer during normal business hours. R01301A4wpd l 1 1 4 {Ql A commercial permit shall be displayed in a prominent place on the premises. In addition to all other conditions of this section, owners/possessors of dogs defined as "guard dogs" shall meet all regulations promulgated by the city health officer. feT(p) No commercial animal establishment shall sell any dog or cat, three (3) months of age or older, to any person unless such animal has a valid rabies vaccination. (0) Upon application for the renewal or transfer of a permit. the animal control officer shall review and certify that the commercial animal establishment is in compliance with all ordinances oovernino the conduct of the business of the commercial animal establishment. ffl-frlSubject to the administrative proceedings provided by section 6-12, a commercial permit may be suspended or revoked for; (1) The refusal or failure of the holder to comply with any provision of this chapter, the regulations promulgated by the city health officer. or any law governing the safety, welfare or keeping of animals; (2) Deprivation of necessary food, care, or shelter from animals; (3) Cruel or inhumane confinement or treatment of animals; (4) The existence of unsanitary conditions such that a danger exists for the transmission of disease to animals or the public; or (5) The existence of conditions which constitute a public nuisance or create a nuisance. f2l Upon suspension of a commercial permit, the holder shall be ordered to correct the violations as prescribed by the city health officer. In addition to ordering the cessation or correction of the violations, the city health officer may provide that no animal be placed or accepted by the holder until such time as the permit is reinstated after suspension SECTION 2. Section 6-33 of the Code of Ordinances is amended to read as follows: Sec. 6-33. Keeping of any livestock or fowl. M The keeping on any premises in the city. within anv zonino district other than an 1-2 Lioht Industrial or 1-3 Heavv Industrial District. of any fowl or livestock not prohibited by section 6-32, is prohibited unless; R01301A4 wpd . - . ill the pens, stalls or other facilities. other than fenced open pastures that are oreater than one acre. for keeping the same shall be so located that the livestock or fowl cannot come within one hundred (100) feet of any existing dwelling or business building owned, used or maintained by any person other than the keeper, ill the pens. stalls or other facilities. other than fenced open pastures that are oreater than one acre. for keepino the livestock or fowl shall be located so the livestock or fowl cannot come within or-five hundred (500) feet of any existino food service establishment or food processing establishment, regardless of ownership or occupancy of such establishment. Ql the fenced open pasture. which is oreater than one acre. has a means of preventino the livestock or fowl from comino within 25 feet of anv property line that abuts an existino residence. fQl This provision shall not apply to fowl which are kept in completely enclosed and solidly walled facilities, or to species of birds other than poultry. (c) Buildinos and structures used to keep animals within an 1-2 Light Industrial or 1-3 Heavv Industrial District must meet the set back re~uirements in Section 20-5.04 of the Zonino Ordinance. SECTION 3. Section 6-34 of the Code of Ordinances is amended to read as follows: Sec. 6-34. Keeping of more than six pets. 1& The keeping on any premises in the city. in any zonino district other than 1-2 Light Industrial or 1-3 Heavv Industrial District. of any pets in any number exceeding six (6) in aggregate, other than rodents and fish. is prohibited unless: the pens. stalls or other enclosure facilities, other than fenced open pastures that are oreater than one (1) acre. for keeping the same shall be so located that pets cannot come within one hundred (100) feet of any dwelling or business building, owned. used or maintained by any person other than the keeper or five hundred (500) feet of any food service establishment or food processing establishment, regardless of ownership or occupancy of such establishments. ill the pens, stalls or other enclosure facilities, other than fenced open pastures that are oreater than one acres, for keeping the same shall be so located that the pets cannot come within one hundred (100) feet of any existinq dwelling or business building owned, used or maintained by any person other than the keeper, R01301A4 wpd l T' "1 5 ~~- 6 ill the pens. stalls or other facilities. other than fenced open pastures that are oreater than one acres. for keepino the pets shall be located so the pets cannot come within or-five hundred (500) feet of any existing food service establishment or food processing establishment, regardless of ownership or occupancy of such establishment. Ql the fenced open pasture. which is oreater than one acre, has a means of preventino the pets from comino within 25 feet of any property line that abuts an existino residence. (b) Buildinos and structures used to keep animals within an 1-2 Lioht Industrial or 1-3 Heavv Industrial District must meet the set back re~uirements in Section 20-5.04 of the Zonino Ordinance. SECTION 4. Section 6-35 of the Code of Ordinances is amended to read as follows: Sec. 6-35. Maximum combined number of animals permitted. @l.The keeping upon any premises in the city, in any zonino district other than 1-2 Lioht Industrial or 1-3 Heavv Industrial District. of a combined total of more than fourteen (14) animals is hereby forbidden unless; the pen, stall or other enclosure facility used for the keeping of the same shall confine the same as not to permit the same to come within or five hundred (500) feet of any food service establishment or food processing establishment, regardless of ownership or occupancy of such establishments. ill the pens, stalls or other enclosure facilities, other than fenced open pastures that are oreater than one acres. for keeping the same shall be so located that the same shall confine the same as not to permit the same to come within five hundred (500) feet of the exterior limits of any existing building used for human habitation or used for the business of any person other than the keeper (unless the keeper is within one or more of the exceptions set forth in section 6-36), ill the pens. stalls or other enclosure facilities. other than fenced open pastures that are oreater than one acres. for keeoino the animals shall be so located that the pens, stalls, or other enclosure facilities shall confine the animals as not to permit the animals to come within five hundred (500) feet of any existino food service establishment or food processing establishment, regardless of ownership or occupancy of such establishment. R01301A4.wpd 1 ---...,....-..-.. .....- .-'----t"--..........- 7 Ql the fenced open pasture. which is oreater than one acre. has a means of preventino the pets from comino within 25 feet of anv property line that abuts an existina residence. (b) Buildinos and structures used to keep animals within an 1-2 Lioht Industrial or 1-3 Heavv Industrial District must meet the set back re~uirements in Section 20-5.04 of the Zonino Ordinance. SECTION 5. Section 6-36(c) of the Code of Ordinances is amended to read as follows: Sec. 6-36. Exceptions to distance and number requirement regulations. * * * * * (c) Lawfully existing premises and premises in newly annexed area. Where any animal is being kept at lawfully existing premises within the city immediatel~ prior to the passage of this section on March 2S, 1981, or at a location outside the city limits and by annexation, the area becomes a part of and within the boundaries of the incorporated area of the city, the distance and number requirements shall not apply for a period of five (5) years from and after the passage of this amended section or the date of annexation, respectively. Extensions of this exemption may be obtained for successive one yoar five (5) year periods by applying for and obtaining a certificate from the city health officer certifying to the existence of sanitary conditions of the premises and neighboring premises, but sucM exen1ption under this pravision sMail not in any event extend beyond ten (10) years fro", the date of tMe passage ef this section or the adoption of the annexation ordinance, f83pectively. * * * * * SECTION 6. 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 7. A violation of this ordinance or requirements implemented hereunder shall constitute an offense, punishable as provided in Section 1-6 of the City Code of Ordinances. SECTION 8. 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. R01301A4wpd ~ r T ~ AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, CHAPTER 19, FOOD AND FOOD ESTABLISHMENTS, REGARDING REQUIRED SEPARATION BETWEEN FOOD ESTABLISHMENTS AND KENNELS AND OTHER BUSINESSES USED TO HOUSE ANIMALS; PROVIDING FOR PENALTIES; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Section 19-15 of the Code of Ordinances is amended to read as follows: Sec. 19-15. Animals and fowl prohibited; exception. {glNo live animal or fowl shall be allowed in any food establishment nor shall the operator of such establishment keep or maintain any animal or fowl within thirty-five (35) feet of any door. window, ventilator or other opening in such establishment. (b) No food establishment may be operated within 500 feet of an existino commercial animal establishment. animal hospital. or veterinarv hospital that houses animals. ltl. This section shall not apply to any Seeing--Eye dog used to assist a blind person. (d) Subsection (b) of this section does not applv to circus. rodeo, temporarv pettino zoo. or temporarv performino animal exhibition or a vendor. (e) Lawfullv existinq food establishments and food establishments in newlv annexed area. Where any existino food establishment is situated within less than 500 feet of an existino. .appropriatelv licenced or permitted commercial animal establishment. animal hospital. or veterinarv hospital that houses animals either within the city or at a location outside the city limits. which location becomes a part of and within the boundaries of the incorporated area of the city bv annexation. the distance limitation in subsection (b) of this section does not apPlv for a period of five (5) years from and after the passaoe of this amended section or the date of annexation, respectivelv. Extensions of this exemption may be obtained for successive five (5) year periods bv applvino for and obtainino a certificate from the city health officer certifvino to the existence of sanitary conditions of the premises and neiohborino premises 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. A violation of this ordinance or requirements implemented hereunder shall constitute an offense, punishable as provided in {Section 1-6}{SPECIFY} of the City Code of Ordinances. R01301C3wpd .- ! ------r-'-,. T 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. R01301C3.wpd 1 T 1 2 39 l T I CITY COUNCIL AGENDA MEMORANDUM DATE: August 24,2001 AGENDA ITEM: Motion approving an agreement between the City of Corpus Christi and the Corpus Christi Industrial Development Corporation (CCIDC) for the City to fund $450,000 from the Community Development Block Grant Program to the CCIDC to purchase land described as 94.881 acres more or less out of a 197.17 acre tract being Tract G, as shown on Cliff Maus Tracts C, D, E. F. and G of a subdivision of 248.566 acre tract out of portions of the L M. Hitchcock 96.24 acre tract, Lots 9, 10, 15 and 16, Section F, Lot 2, Section E, Paisley's Subdivision of The Hoffman Tract, the Vineyard Tract and Lot 18, J. C. Russell Farm Lots, Corpus Christi, Nueces County, Texas from the Commissioner of Texas General Land Office on behalf of the Permanent School Fund and the Texas Department of Mental Health and Mental Retardation and for the CCIDC to hold the land for the benefit of the City of Corpus Christi and a future Texas Parks and Wildlife Grant. ISSUE: The City Council approved funds in the 1999-2000 and 2000-2001 CDBG Programs in the total amount of $450,000 for the acquisition and development of approximately 95 acres of surplus State School property. Since 1999, City staff, Council Members, and a number of local organizations have discussed this issue on many occasions with State officials in the process of negotiating for the land. A proposed agreement has now been reached which has been passed by the Texas Department of Mental Health and Mental Retardation (MHMR) Board to sell the land to the City restricted to the use as park land for an amount not to exceed $450,000. Since it has always been staffs intention to hold the land as a local match for a Texas Parks and Wildlife Grant, our negotiations with Texas MHMR have produced an agreement for the State to sell the land to the CCIDC to hold for the City to be used as a match for a future Texas Parks and Wildlife match. In order for the CCIDC to purchase the land, the City must provide financing for the purchase. Therefore, it is necessary to execute an agreement between the City and the CCIDC to fund the CCIDC for the acquisition and directing the CCIDC to hold the property for the benefit of the City and the proposed subsequent Texas Parks & Wildlife Grant application. REQUIRED COUNCIL ACTION: In order to undertake such a contract with the CCIDC, City Council approval is required. IMPLEMENTATION SCHEDULE: After fulfilling the necessary terms and conditions of the sales contract, closing on the property would be in March, 2002 with a Texas Parks and Wildlife application approximately late summer of 2002. RECOMMENDATION: After very long and somewhat tedious negotiations, appraisals, and renegotiations with the State, with tremendous assistance form numerous local groups, and the City Council, we have now reached a point of acquiring the property for this long sought after wests ide proposed recreation complex. We strongly solicit Council approval. wC~ W. Thomas Utter Assistant City Manager - BACKGROUND INFORMATION In 1964, the City of Corpus Christi deeded to the State of Texas a portion of the old Cliff Maus Airport containing several hundred acres expressly for the purpose of constructing the Corpus Christi State School. In 1967, the school went under construction and was completed. However, the project did not utilize all of the land. A little over 100 acres was left vacant at the south end of the property bordered by both Horne and Greenwood Roads. In 1968, approximately 50 acres was leased back to the City adjacent to Horne and Greenwood Roads for recreational purposes, but on a 45-day cancellation lease. Over the years, Little League, Pony League, and softball teams have played on this property, but still remain subject to cancellation at any time. Unfortunately, because of the short-term cancellation period, COBG funds, per Federal regulations, cannot be used to support these facilities. As organizations principally located in the center of the City have continued to look for space for additional recreational activities, especially soccer, a number of groups came together with City Council Members, and staff to attempt to acquire approximately 100 acres of the surplus State School property. In the 1999-2000 COBG Program and subsequently, in 2000- 2001, a total of $450,000 was earmarked for the acquisition and development of the property. Since early 1999, City staff together with Council Members and numerous community organizations have met and negotiated with representatives of Texas MHMR and Texas General Land Office (the General Land Office serves as the land agent for a number of State agencies including Texas MHMR). The major issue has focused on State law, which mandates that property sold must be sold at fair market value. The negotiations have resulted in the State agreeing to have the property appraised and an initial appraisal was completed on November 14, 2000, which gave the market value at $1,030,000. After continued negotiation, the City subsequently obtained an independent appraisal on April 10, 2001 at $500,000. The State SUbsequently sent out for a new appraisal with a local appraiser and came in on May 26, 2001 at $968,000. After numerous meetings and discussions, State staff together with City staff, arrived at a compromise solution, which is being presented in this memorandum. The various parties have agreed that subject to approval by the Texas MHMR Board and the City Council, the property would be sold to the City for $450,000 subject to a new appraisal which the Land Office would obtain. This new appraisal would be predicated on taking into account the restrictions in the original MHMR deed as well as the fact that the current sale would restrict the property to public recreation purposes. Both local and State staffs feel that given these instructions to the appraiser, the appraisal will come in at $450,000 or less. Under the terms of the contract of sale, if the appraisal comes in, in excess of $450,000, the City is under no obligation to purchase the property and the contract is void. Should it come at less, the State would have the option to void the contract or to go forward with the sale. The appraisal process should be completed within approximately 45 days. Since it has always been the intent to utilize the acquisition as the local share of a Texas Parks & Wildlife Grant, we are proposing that the actual acquisition be accomplished by the CCIOC with financing provided by the City. The CCIOC would hold the property until the City is in a position to acquire a Texas Parks & Wildlife Grant (approximately 12 months). Within the next 30 days, we will be bringing to the City Council a contract (funded by CDBG) to prepare a comprehensive Park and Recreation Master Plan. This proposed master plan must be completed in order for the City to be eligible for a Texas Parks & Wildlife Grant. We estimate that the master plan process would take 8-9 months. During the sometimes tedious and always very technical negotiations on this property, a large number of City staff and community organizations have played major roles. The staffs of both the Texas General Land Office and the Texas MHMR have been absolutely tremendous and both Land Commissioner Dewhurst and the Texas MHMR Board have participated. Council Members were also instrumental in discussing the acquisition. We believe that we are now very close to the fruition of this very long sought after major westside proposed recreation complex. The area itself, could not be better suited in that it is a large area (approximately 95 acres) located near the Boys & Girls Club as well as to City facilities including the Greenwood Library, Health Department and Hector P. Garcia Park. Some of the most major bus routes of the City are adjacent to the property and upon completion of the complex, the proposed recreation complex should be one of the major focal points in the City of Corpus Christi for outdoor recreation activities. I have enclosed a proposed sales contact with the State together with a map of the property. Please note that the actual outline of the property will be determined by an on-site staking and subsequent survey. . ... . . .. ,<-Of" ",,,,. _II'<?- ~. L " Z \f\' ~ \l.\ C) ~ " I ~ I ~ I H \:) .... I !l 'J5 , , I I I I , I 1 I I , " " ~ \Il~\ ~ \1 Z :\ -l . S 0:: i.:' ': or\ R 1 ~ ',\ I!: ~ I ,I 11001 i: I 11~-PDil Iii" Ii .QJJ\r:i~ DFjI ~I --I Q:j IT [[1-1 ,,1!CJ11LJ1 I . I~o' . 'lou,1 I I, .~ Iloq Ii I i' ;110 l--->;;;Lj, -:1 ~ ;" i:i , <.) 8~ :je: ~~ '- ~ '" ~ L Ir\ {\ '--.I ~ '- .... h.!~ ,,~ uc::. ~~ .;:, . '1':'lj :;:C-L8' ,~ ~l:: ~ , i,!l~_ ~; I I:!' , " .' II ; il i Iliii "111\1 I," " T"'" I.' In--:-m-I , I I' II ~ ---or Llll4- I:il\i 1 I' ti I I ~ I I ~. .'1' 1 ~, i1-;- ~'I' '~ ~11'i: : 'i Li ~T1 I~ ~ ~ E o ...\ ~ <i o , ij " o ~ '" "- IIII >:: l:: o " ~ ~ ~ '" it ~ " ,\ L S ~ s ~ \lj It ~ o ~ 2 \\\ S Q cc .... ~ ~ ~ ~ CONTRACT OF SALE THIS CONTRACT OF SALE is made by and between the State of Texas, acting by and through the Texas Department of Mental Health and Mental Retardation, for the use and benefit of the Corpus Christi State School, and/or its assignee or transferee, the Commissioner of the Texas General Land Office, on behalf of the Permanent School Fund, hereinafter referred to as the SELLER, and the Corpus Christi Industrial Development Corporation (CCIDC), a public non profit corporation established under the Texas Industrial Development Corporations Act, hereinafter referred to as BUYER. 1. PURCHASE AND SALE OF PROPERTY. Seller hereby agrees to convey, and Buyer hereby agrees to purchase and pay for, the following described Property, for use as a public park, along with the right to construct, operate, and maintain such facility for accessory uses consistent with the reasonable use as a public park and as part of the City of Corpus Christi Municipal Park System for the consideration and subject to the terms, provisions and conditions herein: A Darcel of laDd not to exceed 95.00 acres situated in the Citv of CorDus Christi. Nueces Countv. Texas and bein!! described as all or Dart of that tract or Darcel of land described as follows: 94.881 acres more or less out of a 197.17 acre tract being Tract G, as shown on Cliff Maus Tracts C, D, E. F and G of a subdivision of 248.566 ace tract out of portions of the L.M. Hitchcock 96.24 acre tract, Lots 9, 10, 15 and 16, Section F, Lot 2, Section E, Paisley's Subdivision of The Hoffman Tract, the Vineyard Tract and Lot 18, J.C. Russell Farm Lots, Corpus Christi, Nueces County, Texas PROVIDED HOWEVER, the exact location, boundaries, and number of acres shall be mutually determined by the parties jointly staking the tract within sixty (60) days of the effective date of this Agreement and surveyed as hereinafter provided. Together with any and all rights and appurtenances pertaining to the "Property" including any development rights, easements appurtenant, and right, title and interest of Seller in and to adjacent streets, alleys, easements and rights of way related to the "Property". All minerals, mineral rights, royalty interests and development rights, if any, not herein conveyed will be retained by Seller. All of such real property, rights, interests and appurtenances are hereinafter referred to as the "Property" . 2. SALES PRICE. The Sales Price shall be Four Hundred Fifty Thousand and NollOO ($450,000.00) Dollars, and will be paid as follows: Payment of Four Hundred Fifty Thousand and NollOO Dollars which includes the Independent Consideration, said payment will be paid in full at closing. "Funding Out". It is expressly understood and agreed that in the event sufficient funds are not appropriated for the payment of the amounts due under the Contract, then the Buyer may terminate its payment obligations under the Contract. Buyer agrees that in the event it terminates its payment obligations in accordance with the terms of this provision, Buyer will promptly terminate this Contract. Termination of the Buyer's payment obligations in accordance with the terms of this provision shall not be deemed a default by Buyer on its obligations under the Contract and Buyer shall not be liable for any unpaid amounts due under the Contract or for any deficiency. 3. INDEPENDENT CONSIDERATION. Buyer shall deposit with First American Title Company of Corpus Christi ("Title Company") the amount of One Hundred Dollars ($100.00) (the Independent Consideration) within 5 business days after execution of this Contract by Seller and Buyer. Within 5 business days following its receipt of the Independent Consideration, the Title Company shall deliver to Seller all of the Independent Consideration as consideration for this Contract. The Independent Consideration will not be returned to Buyer if the Contract is terminated for any reason. -1- ..~ r ~ 4. PROPERTY CONDITIONS. Buyer may investigate the condition of the Property pursuant to paragraph 6C of this Contract prior to Closing. 5. SURVEY. ENVIRONMENTAL ASSESSMENT AND TITLE COMMITMENT. A. Survev. (a) Within 45 days after the completion of the staking process of the tract as provided in paragraph 1, Seller shall, at the expense of Buyer, deliver or cause to be delivered to Buyer and the Title Company a copy of a current on the ground survey, which complies with this Subparagraph 5(A)(a), ("Survey") of the Property made by a duly licensed surveyor reasonably acceptable to Buyer and in a form acceptable to Buyer and the Title Company. If Buyer chooses to have the survey exception deleted then the additional expense to delete the Survey exception (except as to shortages in area) will be paid by Buyer. The Survey must: (i) be a Category I-A Land Title Survey, as specified by the latest edition of the Manual of Practice for Land Surveying published by the Texas Surveyors Association, (ii) be addressed to Buyer and Title Company and (iii) include: (1) the actual boundaries and dimensions of the Property; (2) a metes and bounds description of the Property (unless the Property can be described by reference to a recorded plat); (3) the location of any easements, set back lines, encroachments, overlaps, roadways or waterways; (4) the outside boundary lines of all improvements and all fences; (5) a certification by the Surveyor to the Buyer and the Title Company (a) that the Survey was made on the ground (b) that the Survey is correct, (c) that the Property adjoins a publicly-dedicated roadway, and (d) that there are no discrepancies, contlicts, shortages in area, boundary line contlicts, encroachments, or visible or apparent easements, roadways or rights of way, except as shown on the survey; (6) the Surveyor's registered number and seal; and (7) Identification of any area within the Property that has been designated by the Federal Insurance Administrator, the US Army Corps of Engineers, or any other governmental agency or body as being subject to special flooding hazards, or certification that no such flood hazard area exists on the Property . Upon delivery of the Survey, the metes aod bounds description of the Property shall automatically be incorporated into this Contract as a revised EXHIBIT "A". (b) Buyer will have 30 days after receipt of the Survey to review and approve it or notify Seller of objections as provided in paragraph 6. B. Environmental Assessment. Within 90 days after the Effective Date of this Contract, at Buyer's expense, Buyer shall deliver to Seller a current Phase I Environmental Site Assessment covering the Property, performed by a firm or consultant approved by Buyer. Cost for performing any environmental cleanup, abatement or mitigation indicated by the Environmental Site Assessment or Assessments will be at the Buyer's expense and will occur prior to Closing. Provided however, in the event and only in the event that such assessment concludes that environmental cleanup, abatement or mitigation is required, Buyer may, in its sole discretion, pay its expenses incurred under the provisions of this Contract and terminate this Contract. -2 - 1 .' , 1 C. Title Commitment. Within 60 days after the Effective Date of this Contract, Seller shall, at Buyer's sole cost and expense, have caused Title Company to issue as follows; (a) A title commitment ("Title Commitment") covering the Property binding the Title Company to issue a Texas Owner's Policy of Title Insurance on the Standard form of policy prescribed by the Texas State Board of Insurance at the closing in the full amount of the Sale Price, subject only to the exceptions approved or waived by Buyer in accordance with paragraph 6, a copy of which is attached as Exhibit "B" and any liens established as part of the transaction subject of this Contract of Sale; and (b) True, correct, and legible copies of any and all instruments referred to in the Commitment that constitute exceptions or restrictions upon the Seller's title; and Buyer will have 20 days after receipt of the Title Commitment and copies of the instruments to review and approve it or notify Seller of objections as provided in paragraph 6. D. Aooraisal. Seller will have 30 days after the Effective Date hereof to appoint an appraiser to appraise the Property at Seller's sole expense. Should the transaction subject of this Contract not close and fund, for any reason whatsoever, Buyer shall pay the expenses allocated to Seller herein, to include expenses of the appraisal. Upon receipt of the appraisal, Seller will furnish a copy to Buyer. The appraiser or appraisers as provided for herein, will each take into account the restrictions on the use of the Property contained in the deed recorded in Volume 1069, Pages 28-30, Deed Records of Nueces County, Texas, as well as the restrictions as to public recreational purposes of the Property as provided in this Contract. Should the agreed appraised value of the Property exceed the value of Four Hundred Fifty Thousand Dollars ($450,000) then in that event, notwithstanding any provision in this Contract to the contrary, Buyer may terminate this Contract, pay all expenses of Buyer as set out herein and any earnest money will be refunded to Buyer, and this Contract shall be null and void and no further effect. Should the appraised value of the Property be less than the value of Four Hundred Fifty Thousand ($450,000) then in that event, notwithstanding any provision in this Contract to the contrary, Seller may, at its option, terminate this Contract, pay all expenses of Seller as set out herein after which this Contract shall be null and void and no further effect. It is specifically agreed that the Seller is bound by statute, rules and regulations to sell for a price no less than fair market value. Should the appraised value of the Property be greater than the Contract price of Four Hundred Fifty Thousand ($450,000), notwithstanding any provision in this Contract to the contrary, the Seller will pay all expenses of Seller as set out herein and provided the Contract cannot be amended to provide for a sales price equal to or greater than the fair market value, terminate this Contract, and thereafter this Contract shall be null and void and no further effect. E. Other Documents. In all instances where Buyer prepares, acquires or obtains, as the case may be, of any site development plans, permits, environmental, analyses, or any other information or review with respect to the physical condition of or development on the Property during the investigative period, Buyer shall furnish to Seller within 7 days of acquisition of such document or documents at no cost to Seller, copies of the aforesaid plans, permits, analyses, assessments, and other documentation developed by or for Buyer regarding the physical condition and investigation of the Property including any governmental approvals and consents required for the development of the Property. - 3 - ..." . 6. REVIEW PERIOD AND TITLE A. Commitment Docnments Review. Buyer shall have 20 days after the receipt of the Survey, the Title Commitment, Appraisal, copies of all instruments referred to in the Commitment ("Commitment Documents"), and any and all documents called for in this contract, in accordance with the provisions of this contract, to review them and to deliver in writing to Seller any objections that Buyer may have. In addition, if Buyer receives any revised Commitments or revisions to any other documents prior to Closing, Buyer has IO more days to review the Commitment and or any other Documents and deliver in writing to Seller any objections that Buyer may have. Any item to which Buyer does not object within the "Review Period" will be deemed accepted by Buyer. If Buyer makes objections, Seller has 30 days to cure same. If Seller delivers written notice to Buyer on or before Closing Date that Seller is unable or unwilling to satisfy such objections, or is unable to convey title in accordance with paragraph 7, Buyer may either waive such objections, accept title subject to all such objections, or terminate this Contract by written notice to Seller. If Seller terminates this Contract, the Independent Consideration must be refunded to Buyer. Zoning ordinances and a lien for current ad valorem taxes not yet due and payable are not valid objections to title. B. Title. At the Closing, Seller will convey to Buyer good and indefeasible title by Deed from the State of Texas without warranties, subject only to any title exceptions approved or accepted by Buyer in advance in accordance with paragraph 6 and subject to a use restriction that will be a covenant running with the land. The use restriction will restrict the use of the subject Property to that of a recreational area as part of the City of Corpus Christ Municipal Park System. Delivery of the title policy pursuant to paragraph 7 below will be deemed to fulfill all duties of Seller as to the sufficiency of title required hereunder. This provision for use restriction will survive the closing. C. Review Period. In consideration of the Independent Consideration and other good and valuable consideration, paid to Seller by Buyer, Seller grants Buyer the right to investigate, inspect, and review the Property and all current "Documents" pertaining to site development of the Property in Seller's possession or control for a period of 90 days from the Effective Date of this Contract. During the Review Period Buyer, its authorized agents, representatives, and employees may enter upon the Property at reasonable times under reasonable circumstances to inspect the Property and conduct soil, subsoil, and such other tests as may be reasonably required by Buyer. Reasonable hours are agreed to be those hours between 8:00 am and 5:00 pm local time on weekdays, unless otherwise specifically authorized by the Superintendent of the Corpus Christi State School or his designee. Buyer is responsible that the contractor must comply with the local rules and regulations for entry upon the Property to include notification to the Superintendent upon each entry to the Property. Buyer is responsible that the entity performing the inspection and testings required by Buyer will comply with all safety requirements as established by the Texas Department of Mental Health and Mental Retardation. Seller agrees to cooperate with Buyer in allowing Buyer, its authorized agents, representatives, or employees to have access to the Property to conduct such studies or investigations, upon reasonable notice to Seller. During the Review Period, Seller further agrees to allow Buyer, its authorized agents, representatives or employees, to inspect and make copies of all current assessments (special -4- . ...' . or otherwise), and correspondence from governmental entities with respect to the Property, all service agreements or other contracts affecting the Property, surveys, operations and maintenance plans, environmental reports, and all books, records, files, reports, and all other documents and related items in anyway pertaining to the Property's physical condition, (collectively, "Documents"), which are in Seller's possession or control. The inspection and copying must be done at Seller's office or another place designated by Seller. Seller must provide access to the Documents within the Review Period. Seller must conspicuously mark any and all of the Documents that are proprietary and confidential in nature. To the extent it is permitted to do so under applicable law, Buyer agrees not to disclose the Documents, or any of the provisions, terms or conditions thereof, to any party other than those individuals within Buyers organization and Buyers agents and representatives. To the extent it is permitted to do so under applicable law, Buyer shall return all of the Documents marked proprietary and confidential to Seller if this Contract terminates and Buyer does not purchase the Property. Any termination of this Contract applies to the total Contract. No partial sales are contemplated by the parties herein. Within a reasonable time after the date scheduled or required for furnishing of the documents or an event to occur and the document is not delivered or event occurred, the party that was entitled to receive the documents or benefit from the event will notifY the other party the documents have not been received or the event has not occurred. If Buyer does not receive the Commitment Documents or access to the Documents or access to the Property for inspection or testing within the Review Period, Seller grants Buyer an extension of the Review Period of two days for each day any of the Commitment Documents or "Documents" are past due or access to the Property was unavailable. 7. CLOSING. The Closing of the sale will be on or before March 15,2002, at a time and at the office of the Title Company, to be agreed upon by the Buyer and Seller. The Closing Date may be extended by written agreement of the parties if necessary for Seller to cure title matters or perform any of its obligations under this Contract so long as all extensions will end on March 30, 2002 and unless amendments are approved in writing by all parties, the contract is null and void unless closed no later than March 30, 2002. A. At the Closing, Seller shall deliver to Buyer: (a) a Deed from the State of Texas (without warranties) in substantially the form to be attached and incorporated as EXHIBIT "C" conveying the Property, subject only to exceptions previously approved or deemed accepted by Buyer in accordance with paragraph 6; and (b) an Owner's Policy of Title Insurance (the "Title Policy") issued by Title Company at Buyer's sole cost and expense in the full amount of the Sales Price, dated as of the Closing Date, insuring Buyer's fee simple title to the Property to be good and indefeasible subject only to those title exceptions permitted herein, or as may be approved by Buyer in writing, and the standard printed exceptions contained in the usual form of the Title Policy, provided, however; (1) if no restrictive covenants apply to the Property, the exception as to restrictive covenants must be endorsed "None of Record" or deleted; and (2) no exception must be made to rights of parties in possession; and (3) if a survey deletion is obtained, the exception to survey matters must be deleted except for "shortages in area" and endorsed. (c) possession ofthe Property; and - 5 - . ,.' If (d) resolution(s} as appropriate, by the Board of Directors of the Texas Department of Mental Health and Mental Retardation and by the School Land Board evidencing Seller's authority to enter into the transactions described herein; and (e) Any other documents required under the terms of this Contract; and (I) Any other document reasonably required by the Title Company or the Buyer to carry out the terms and obligations of this Contract. B. At the Closing, Buyer shall deliver to Seller: (a) the cash portion of the Sales Price; and (b) evidence of Buyer's authorization to consummate this transaction; and (c) any document reasonably required by the Title Company or the Seller to carry out the terms and obligations of this Contract. C. Buyer shall pay for the title insurance premium for the Title Policy, all costs for curing title matters, any attorney's fees incurred by Seller, any other out of pocket costs and expenses incurred by Seller herein, and all of the escrow fee charged by Title Company. If Buyer is unwilling or unable to pay for costs for curing title matters and others enumerated in this Contract, either party may terminate this Contract. 8. LEASES AND OTHER AGREEMENTS. The Property is presently subject to a License Agreement dated April 27, 1988, by and between the State of Texas, acting by and through the Texas Department of Mental Health and Mental Retardation, as Grantor and the City of Corpus Christi, Texas, a home rule city of the County of Nueces, State of Texas as Grantee. Said 1988 License specifically revokes a prior agreement between the same parties concerning the use of such Property. In addition, the State of Texas, acting by and through the Texas Department of Mental Health and Mental Retardation, as Grantor has issued a temporary use agreement to Corpus Christi Amateur Soccer League, a community soccer organization for its recreational soccer activities. which shall be terminated upon closing. Buyer, by its execution of this Contract, expressly acknowledges these facts. City of Corpus Christi by its authorized signature acknowledges these facts and specifically acknowledges the sale of the Property to Buyer. 9. CASUALTY LOSS. If, prior to Closing, any part of the Property is damaged or destroyed by fire or other casualty loss, Seller bears the risk of such loss and Buyer may either terminate this Contract or Buyer may accept the Property in its then existing condition. Seller shall not be obligated to make any repairs to the Property. 10. DEFAULT. If Buyer fails to comply herewith, except under the "Funding Out" provisions of paragraph 2, Seller may terminate this Contract. If Seller fails to comply herewith for any reason, Buyer may (I) terminate this Contract thereby releasing Seller from this Contract. 11. CONDEMNATION. If any part of the Property is condemned prior to Closing, Seller shall promptly give Buyer written notice of such condemnation and Buyer may either apply the proceeds of any condemnation award on a pro rata basis to reduce the Sales Price provided herein or declare this Contract terminated by delivering written notice of termination to Seller. 12. CONTINGENCIES. This Contract and Seller's performance hereunder is subject to (i) all the provisions of the License Agreement by and between Seller as Grantor thereunder and City of Corpus Christi, Texas, as Grantee and any amendments thereof, together with any and all other leases executed pursuant thereto and (ii) all applicable governing documents agreements and plans in force under provisions of rules and regulations concerning the sale of lands owned by the State of Texas for the use -6- . -, . and benefit of the Mental Health Mental Retardation Department, the purchase of such lands by the School Land Board and the sale of such lands by the School Land Board to the Buyer. It is expressly understood and agreed that Sellers' obligation to close is conditional upon the Sellers and Buyer not being in default or in violation of any such rule or regulation at the time Closing. If there exists such a default at the time of Closing, this Contract shall then become null and void and both parties hereto shall be released of all obligations hereunder. 13, LICENSE. Buyer acknowledges that it is necessary for Seller as owner of the adjacent properties, to utilize the Property from time to time for use as a staging area for the construction on and development of the adjacent property. Seller reserves the right to Seller, its successors in interest, their agents, employees, contractors and subcontractors, as a licensee, to go upon the Property and to use it as such staging area during the term of its construction and development of the adjacent property. The exact size and location of each staging area as well as any other agreement as to location and use of such area will be mutually determined by Seller and Buyer prior to closing and will be attached to this Contract as an agreed amendment. The Parties acknowledge that it may be necessary to relocate the Corpus Christi State School's storage yard and the Texas Natural Resources and Conservation Commission's air quality monitoring station. If the parties agree this is necessary, the relocation of such facilities will be a part of the attachment to be attached to this Contract as an amendment as outlined above. 14. REPRESENTATIONS. In addition to other representations made herein, Seller represents there will be no unrecorded leases against any of the Property on Closing Date except those specified in paragraphs 8 and 12 of this Contract. All representations made in this Contract survive Closing. 15. NOTICES. Any notice or communication required or permitted hereunder will be deemed to be delivered, whether actually received or not, when deposited in the Untied States mail, postage fully prepaid, registered or certified mail, and addressed to the intended recipient at the address directly below, or when hand delivered as evidenced by written acknowledgement thereof. Any address for notice may be changed by written notice delivered as provided herein. Seller: Texas Department of Mental Health And Mental Retardation 909 West 45th Street, 2" Floor Austin, Texas 79751 Attn: Steve Craddock Phone No. 512-206-4579 Fax No. 512-206-5443 With copy to: Texas General Land Office Director of Real Estate Asset Management Division Stephen F. Austin Building 1700 N. Congress A venue Austin, Texas 78761-1495 Attn: Bob Hewgley Phone No. 512-463-5013 Fax No: 512-463-5098 Texas General Land Office Legal Services Division Stephen F. Austin Building I 700 N. Congress Avenue Austin, Texas 78701-1495 Attn: Charles W. Richards -7 - . . Phone No. 512-305-9108 Fax No. 512-463-6311 Buver: Corpus Christi Industrial Development Corporation (CCIDC) Assistant City Manager PO Box 9277 Corpus Christi, Texas 78469 Attn: W. Thomas Utter Phone No. 361-880-3232 Fax No. 361-880-3230 With copy to: City of Corpus Christi Law Department PO Box 9277 Corpus Christi, Texas 78469 Attn: James R. Bray Phone No. 361-880-3360 Fax No. 361-880-3239 16. INTEGRATION. This Contract contains the complete agreement between the parties and cannot be varied except by a written agreement of the parties, executed by duly authorized representatives of each party. The parties agree that there are no oral agreements, understandings, representations, or warranties that are not expressly set forth herein. 17. BINDING EFFECT. This Contract is binding upon, and inures to the benefit of the parties hereto and their respective successors, legal representatives and assigns. 18. ASSIGNMENT. Buyer may not assign this Contract except to the City of Corpus Christi without written consent by Seller which consent and approval for assignment is in Seller's sole discretion. 19. STATUTORY AUTHORITY. This Contract is being entered into by Seller pursuant to Section 32.061 and Section 51.052, Texas Natural Resources Code, as amended. At the closing the Commissioner of the Texas General Land Office and Chairman of the School Land Board on behalf of the Permanent School Fund and as approved by the School Land Board, will purchase the Property from the Texas Department of Mental Health and Mental Retardation under the provisions of Section 32.061 Note leg) and simultaneously therewith will sell the Property to the Corpus Christi Industrial Development Corporation pursuant to Section 51.052(h), Texas Natural Resources Code, as amended. 20. APPLICABLE LAW. All provisions of this Contract must be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Travis County, Texas. 21. LEGAL CONSTRUCTION. If any one or more of the provisions of this Contract are for any reason held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or 00- enforceability does not affect any other provision hereof and this Contract must be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. 22. TIME. Time is of the essence. 23. ENTIRE AGREEMENT. This Contract constitutes the entire agreement between the parties, there being no oral agreements, representations, conditions, or warranties, express or implied, in addition to this Contract. 24. CITY COUNCIL AFFROV AL. The Buyer's obligations under this Contract have been approved and authorized by the Corpus Christi City Council and the Industrial Development - 8- Corporation as appropriate, copies of which are to be attached and incorporated herein as exhibits. 25. BOARD APPROVAL. The Seller's obligations and performance under this Coutract are contingent on approval of this purchase, sale of this Property and the provisions of this Contract by the School Land Board and the Governing Board of the Department of Mental Health and Mental Retardation. If either governing body denies approval, this Contract shall be void. This Contract is further contingent upon the availability of funds to the School Land Board and designation of such funds for the purposes stated in this Contract as decided in its sole discretion and authority that not only are the funds available but in their sole discretion, the funds required to close this transaction are designated for the purpose indicated in this Contract. 26. CONFIDENTIALITY. Buyer and Seller acknowledge that it is in the best interest of all parties that the existence of and the tenns and conditions of this Contract be and remain strictly confidential until the end of the Review Period. Each Party agrees that it will not disclose to any person or entity the existence of or any of the tenns and conditions of this Contract until the end of the Review Period without the prior written consent of the other party. Any such disclosure prior to the end ofthe Review Period shall be a material breach of this Contract and constitute a default within the meaning of the default section of this Contract. EXECUTED in multiple counterparts by the Seller and Buyer on the dates set forth below. The later date is the Effective Date of this Contract. SELLER: The State of Texas for use and benefit Of the Texas Department of Mental Health and Mental Retardation BUYER: Corpus Christi Industrial Development Corporation By Karen Hale, Commissioner By Henry Garrett, President Date Date STATE OF TEXAS County of Travis Before me the undersigned authority on this day personally appeared Karen Hale, Commissioner of the Texas Department of Mental Health and Mental Retardation, known to me to be the person whose name is subscribed hereto and after being duly sworn, acknowledged that she executed the above document for the purposes and consideration therein stated and for the purpose therein stated and as the act and deed of the Texas Department of Mental Health and Mental Retardation. Witness my hand and seal of office this the day of August, 2001. Notary Public in and for State of Texas Printed Name of Notary My commission expires - 9- STATE OF TEXAS County of Nueces Before me the undersigned authority on this day personally appeared Henry Garrett, President Corpus Christi Industrial Development Corporation. known to me to he the person whose name is subscribed hereto and after being duly sworn, acknowledged that he executed the above document for the purposes and consideration therein stated and for the purpose therein stated and as the act and deed ofthe Corpus Christi Industrial Development Corporation. Witness my hand and seal of office this the day of August, 2001. Notary Public in and for State of Texas Printed Name of Notary My commission expires - to- EXHIBIT" A " (Metes and Bounds Description) ITO BE INCLUDED UPON COMPLETION OF SURVEY] EXHIBIT "B" (Title Comminnent) (TO BE INCLUDED UPON COMPLETION OF TITLE COMMITMENT] - EXHIBIT "e" (Deed from the Slale of Texas) 40 . Memorandum TO: President Henry Garrett and Board Members of the Corpus Christi Industrial Development Corporation FROM: W. Thomas Utter, Assistant City Manager DATE: August 24,2001 SUBJECT: Request for Meeting of the Corpus Christi Industrial Development Corporation (CCIDC) on August 28, 2001 I am requesting that a meeting of the Corpus Christi Industrial Development Corporation (CCIDC) be held during the Council meeting of August 28, 2001 to consider the following items: 1. Approval of an agreement between the City of Corpus Christi and the Corpus Christi Industrial Development Corporation (CCIDC) for the City to fund $450,000 from the Community Development Block Grant Program to the CCIDC to purchase land described as 94.881 acres more or less out of a 197.17 acre tract being Tract G, as shown on Cliff Maus Tracts C, D, E. F. and G of a subdivision of 248.566 acre tract out of portions of the L. M. Hitchcock 96.24 acre tract, Lots 9, 10, 15 and 16, Section F, Lot 2, Section E, Paisley's Subdivision of The Hoffman Tract, the Vineyard Tract and Lot 18, J. C. Russell Farm Lots, Corpus Christi, Nueces County, Texas from the Commissioner of Texas General Land Office on behalf of the Permanent School Fund and the Texas Department of Mental Health and Mental Retardation and for the CCIDC to hold the land for the benefit of the City of Corpus Christi and a future Texas Parks and Wildlife Grant. 2. Approval of a Contract of Sale between the State of Texas acting by and through the Texas Mental Health and Mental Retardation and the Corpus Christi Industrial Development Corporation to purchase surplus school land as described in Item 1 above. A full discussion of this project is to be found in the City Council Agenda for August 28, 2001. 4J. fi4-o ~ W. Thomas Utter Assistant City Manager . AGENDA CORPUS CHRISTI INDUSTRIAL DEVELOPMENT CORPORATION DATE: Tuesday,August28,2001 TIME: During the meeting of the City Council beginning at 2 p.m. PLACE: City Council Chambers 1201 Leopard St. Corpus Christi, TX 78401 1. President Henry Garrett calls meeting to order. 2. Secretary Armando Chapa calls roll. Board of Directors Henry Garrett, President Jesse Noyola, Vice-President Brent Chesney Javier D. Colmenero Bill Kelly Rex Kinnison John Longoria Mark Scott Loyd Neal Officers W. Thomas Utter, General Manager Armando Chapa, Secretary Mary Juarez, Asst. Secretary Jorge Cruz-Aedo, Treasurer Michael Harty, Asst. Treasurer 3. Approve Minutes of July 10, 2001. 4. Financial Report. 5. Approval of an agreement between between the City of Corpus Christi and the Corpus Christi Industrial Development Corporation (CCIDC) for the City to fund $450,000 from the Community Development Block Grant Program to the CCIDC to purchase land described as 94.881 acres more or less out of a 197.17 acre tract being Tract G, as shown on Cliff Maus Tracts C, D, E. F. and G of a subdivision of 248.566 acre tract out of portions of the L. M. Hitchcock 96.24 acre tract, Lots 9, 10, 15 and 16, Section F, Lot 2, Section E, Paisley's Subdivision of The Hoffman Tract, the Vineyard Tract and Lot 18, J. C. Russell Farm Lots, Corpus Christi, Nueces County, Texas from the Commissioner of Texas General Land Office on behalf of the Permanent School Fund and the Texas Department of Mental Health and Mental Retardation and for the CCIDC to hold the land for the benefit of the City of Corpus Christi and a future Texas Parks and Wildlife Grant. 6. Approval of a Contract of Sale between the State of Texas acting by and through the Texas Mental Health and Mental Retardation and the Corpus Christi Industrial Development Corporation to purchase surplus school land as described in Item 5 above. 7. Public Comment 8. Adjournment. . -. MINUTES CORPUS CHRISTI INDUSTRIAL DEVELOPMENT CORPORATION JULY 10,2001 7:06 P.M. PRESENT Board of Directors Henry Garrett, President Jesse Noyola, Vice President* Brent Chesney Javier Colmenero Billy Kelly* John Longoria Samuel L. Neal Jr. Officers W. Thomas Utter, General Manager Armando Chapa, Secretary Jorge Cruz-Aedo, Treasurer Michael Harty, Asst. Treasurer ABSENT Rex Kinnison Mark Scott Vice President Garrett called the meeting to order at 7:06 p.m. in the Council Chambers of City HaiL Secretary Chapa verified that a quorum of the Board was present to conduct the meeting and that notice of the meeting had been properly posted. Mr. Chesney made a motion to elect Henry Garrett (President), Jesse Noyola (Vice President), and re-elect the other current officers, seconded by Mr. Neal and passed; Kelly, Kinnison, Noyola and Scott absent. *BiIl Kelly and Jesse Noyola arrived at 7:07 p.m. President Garrett called for approval of the minutes of the October 17,2000 meeting. Mr. Longoria made a motion to approve the minutes, seconded by Mr. Neal, and passed unanimously (Kinnison and Scott absent). President Garrett called for discussion of the financial report. General Manager Utter said the corporation fund contained $45,899.65 in cash and investments and the property located on Oso Parkway. President Garrett opened discussion to Item 6, general manager's annual report. General Manager Utter explained the establishment of the corporation for assisting in industrial development by issuing tax exempt bonds and provided a list of some of the financing projects. President Garrett opened discussion to Item 7, assistance in the development of a one-stop minority business center. General Manager Utter said the Hispanic Contractors Association of South Texas has requested a one time $5,000 matching grant to assist in the development of a one-stop minority business center and will partner with other organizations to provide management, plans, and contract assistance for the community. Mr. Noyola made a motion to approve Item 7 as follows, seconded by Mr. Neal: 7. Authorizing a one-time $5,000 matching grant to the Hispanic Contractors Association of South Texas to assist in the development of a one-stop minority business center. The foregoing motion passed as follows: Garrett, Chesney, Colmenero, Kelly, Longoria, Neal and Noyola voting "Aye"; Kinnsion, and Scott absent. 1 T 1 CORPUS CHRISTI INDUSTRIAL DEVELOPMENT CORP. JULY 10, 2001 PAGE 2 Mr. Neal asked if the land south of Heritage Park would be used to expand that area. Mr. Utter explained that area ofland was privately owned. President Garrett called for public comment and there was none. There being no further business, he declared the corporation meeting adjourned at 7:14 p.m. on July 10,2001. ccidc070 1. wpd Corpus Christi Industrial Development Corporation Balance Sheet June 30, 2001 Assets Current assets: Investments Receivables: Accounts Accrued Interest $ 46,030.49 Total assets .Ji 46,030.49 Liabilities and Fund Balance Liabilities: Accounts payable Total liabilities $ Fund balance: Designated Undesignated Total fund balance 46,030.49 46,030.49 Total liabilities and fund balance .Ji 46.030.49 1 T T Corpus Christi Industrial Development Corporation Balance Sheet June 30, 2001 Assets Current assets: Investments Receivables: Accounts Accrued Interest $ 46,030.49 Total assets _$ 46.030.49 Liabilities and Fund Balance Liabilities: Accounts payable Total liabilities $ Fund balance: Designated Undesignated Total fund balance 46,030.49 46,030.49 Total liabilities and fund balance _$ 46,030.49 1 ,. Notes and Comments ~ ..