HomeMy WebLinkAboutAgenda Packet City Council - 02/19/2002
CITY
COUNCIL
AGENDA
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City of
Corpus
ChrIsti
February 19, 2002
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12:00 p.m. - Joint Meeting between the City Council and Regional Transportation Authority
regarding transportation related issues. (City Hall Basement Training Room)
1:45 p.m.
Proclamation declaring February 17-23, 2002 as "National LULAC Week"
Swearing-in of newly appointed Board, Commission and Committee members
Swearing in ceremony for Missy Medary, newly appointed Municipal Court Judge (Division C) and
Jeanette Cantu-Bazar, newly appointed Substitute Municipal Court Judge
AGENDA
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
CITY HALL - COUNCIL CHAMBERS
1201 LEOPARD
FEBRUARY 19, 2002
1:00 P.M.
PUBLIC NOTICE - THE USE OF CELLULAR PHONES AND SOUND ACTIVA TED PAGERS ARE
PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL.
Members of the audience will be provided an opportunity to address the Council at approximately 5:30 p.m. or at the end
of the Council Meeting, whichever is ear/ier. Please speak into the microphone located at the podium and state your name
and address. Your presentation will be limited to three minutes. If you have a petition or other information pertaining to your
subject, please present it to the City Secretary.
Si lid. Desea dirigirse al Concilio y cree que su ingles es limitado, habra un interprete ingles-espanol en todas las juntas del
Concilio para ayudar/e.
Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to
contactthe City Secretary's office (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 John Bradshaw, Fellowship of Oso Creek.
C. Pledge of Allegiance to the Flag to 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 Brent Chesney
Council Members:
Javier D. Colmenero
Henry Garrett
Bill Kelly
Rex A. Kinnison
John Longoria
Jesse Noyola
Mark Scott
City Manager David R. Garcia
City Attorney James R. Bray, Jr.
City Secretary Armando Chapa
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Agenda
Regular Council Meeting
February 19, 2002
Page 2
E. MINUTES:
1. Approval of Regular Meeting of February 12, 2002. (Attachment
# 1)
F. BOARDS & COMMITTEE APPOINTMENTS: (Attachment # 2)
2.
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Leadership Committee for Senior Services
Oil & Gas Advisory Committee
.
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 fumished 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 will vote on all motions, resolutions and ordinances not
removed for individual consideration)
3. Resolution authorizing an amendment to the Fiscal Year 2001-
2002 Park and Recreation Department Fee Schedule, pursuant
to Section 36-7 of the Code of Ordinances, City of Corpus Christi
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Agenda
Regular Council Meeting
February 19, 2002
Page 3
by adding a Single Rider Cart fee and Golf Promotional
Programs. (Attachment # 3)
4. Motion authorizing the City Manager or his designee to allow the
Department of the Army Corps of Engineers, right-of-entry for
environmental assessment and response with regard to the
demolition of an out of use aircraft hanger at Bill Witt Park.
(Attachment # 4)
5. Motion authorizing the City Manager or his designee to execute
a contract with American Appraisal Associates, Inc. for the
General Fund Capital Asset Inventory and Valuation in the
amount of $33,000; for the Proprietary Fund Capital Asset
Inventory and Valuation in the amount of $48,825; and for the
purchase of the procedures manual in the amount of $1,200;
totaling, $83,025. (Attachment # 5)
6. Motion authorizing the City Manager or his designee to enter into
a contract with Texas Municipal League Intergovernmental Risk
Pool, in the amount of $71,547 annual premium ($69,400.59 =3%
discount for Annual Premium versus Quarterly) for Excess
Liability- Gas Utility. The term of the contract will be for one year.
(Attachment # 6)
7. Motion authorizing the City Manager or his designee to enter into
a contract with McGriff, Seibels & Williams of Texas, Inc., in the
amount of$120,OOO annual premium for Excess Liability Workers'
Compensation Insurance Coverage plus an additional $7,500
annual fee for Risk Assessment and an Annual Claims Audit. The
term of the contract will be for one year with an option to renew
for up to three additional 12-month periods subject to the
approval of the insurer and the City Manager or his designee. In
the event a renewal occurs, the above rate has been guaranteed
for four years. (Attachment # 7)
8. Ordinance appropriating $74,611.89 in interest earnings in Fund
3170, Computer System 1998 Capital Improvement Program
(CIP) Fund, Certificates of Obligation(CO); for PeopleSoft-
Financials computer training. (Attachment # 8)
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Agenda
Regular Council Meeting
February 19, 2002
Page 4
9. Ordinance amending the Code of Ordinances, Chapter 53,
Traffic, Section 53-250, Schedule 1, One Way Streets and Alleys,
Section (A-1) School Areas, by establishing a one-way traffic
pattern on the following street sections during the school hours of
George Evans Elementary and providing for penalties:
(Attachment # 9)
a. Northbound one-way pattern on North Alameda Street
between Caldwell Street and Comanche Street, and
b. Southbound one-way pattern on Sam Rankin Street
between Comanche Street and Caldwell Street.
10. Ordinance approving $2,890 from ONAC Developers, Inc. as
developer's contribution for in lieu of half street construction of
portion of Brockhampton Street (with supporting public utility
infrastructure), as required by development of Bordeaux Place
Unit 1 Subdivision; and establishing a separate subaccount for
said half street in the City interest-bearing account in the
Infrastructure Trust Fund for deposit of developer's contribution;
and restricting said monies for completion of "improvements" at
time of platting and development of properties directly adjacent to
and abutting the secured "improvement" opposite Bordeaux Place
Unit 1 Subdivision. (Attachment # 10)
11.a. Ordinance appropriating $11 ,554.84 in interest earnings from the
Unreserved Fund Balance in the No. 1050-820800 Law
Enforcement Block Grant Fund 2000, appropriating $748.48 in
interest earnings from the Unreserved Fund Balance in the No.
1050-820801 Law Enforcement Block Grant Fund 2001, and
appropriating $4,791.42 in interest earnings from the Unreserved
Fund Balance in the No. 1050-820899 Law Enforcement Block
Grant Fund 1999 to purchase law enforcement equipment for the
Corpus Christi Police Department. (Attachment # 11)
11.b. Motion approving the purchase of microwave and multiplex
communications equipment from Dailey-Wells for the total
amount of $137,577.58. The award is based on sole source and
will be used by the Police Department. Funds are provided
through the Local Law Enforcement Block Grant 2000 and 2001.
(Attachment # 11)
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Agenda
Regular Council Meeting
February 19, 2002
Page 5
12. Motion approving the purchase of a computer system upgrade
from SBC DataComm in accordance with the State of Texas
Cooperative Purchasing Program for the total amount of
$101,353.44. The upgraded system is for the Police Department
backbone computer system for the Personal Computer network.
Funds are provided through the COPS MORE grant. (Attachment
# 12)
13.a. Resolution authorizing the City Manager or his designee to
execute an Interlocal Cooperation Agreement with the Texas
Department of Public Safety, Division of Emergency Management
in the amount of $14,860.80 for hazardous materials emergency
preparedness planning activities. (Attachment # 13)
13.b. Ordinance appropriating $14,860.80 from the Texas Department
of Public Safety Division of Emergency Management in the No.
1050 Federal/State Grants Fund for hazardous materials
emergency preparedness planning activities. (Attachment # 13)
14. Second Reading Ordinance - Amending the Zoning Ordinance by
revising Article 12A, "B-1A" Neighborhood Business District
Regulations, by replacing masonry fence with standard screening
fence requirement and providing supplementary landscaping and
site design requirements; and Article 27, Supplementary Height,
Area, and Bulk Requirements, by revising Section 27-3.01.06 (1)
Fence Requirements. (First Reading - 2/12/02) (Attachment # 14)
15. Ordinance authorizing the City Manager or his designee to
execute an Industrial District Agreement, effective as of February
12, 2002, with Corpus Christi Liquid, Inc. as lessee and
improvements owner, pursuant to S 42.044 Texas Local
Government Code and pursuant to Ordinance No. 022360, and
to file the agreement in the official records of Nueces County,
Texas. (Attachment # 15)
I. PRESENTATIONS:
Public comment will not be solicited on Presentation items.
16. Status on Packery Channel (Attachment # 16)
17. Status on Corpus Christi Parks (Attachment # 17)
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Regular Council Meeting
February 19, 2002
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J. PUBLIC HEARINGS:
STREET NAME CHANGE:
18.a. Public hearing for proposed street name change of Bush Avenue
to Friendship Drive between West Point Road and South Padre
Island Drive. (Attachment # 18)
18.b. First Reading Ordinance - Changing the name of Bush Avenue to
Friendship Drive between West Point Road and South Padre
Island Drive. (Attachment # 18)
2002 ANNEXATION PROGRAM:
19. First of two scheduled City Council public hearings on the City's
Proposed 2002 Annexation Program containing 519.32 acres and
referred to as: (Attachment # 19)
Jones, Walter and Texas General Land Office Beach
Frontages: Publicly and privately owned lands comprising
approximately44.16 acres and 9,618 feet of Gulf Beach frontage,
from the south most property line of Padre Balli County Park to a
point 500 feet south of the south most property line of the
Lawrence Jones property. The width of the strip extends
westward from the City limit line on the Gulf of Mexico shoreline,
being the 1.37-foot line above Mean Sea Level based on United
States Geological Survey and Geodetic Survey datum of 1929, to
a point along the vegetation line approximately 200 feet west of
and generally parallel to the 1.37 foot line above Mean Sea Level
Gulf of Mexico shoreline.
Padre Balli Park: Nueces County Park NO.1 (Padre Balli Park)
comprising approximately 194.92 acres and 6,324 feet of gulf
beach frontage.
Packery Channel Park: Public and privately owned lands
comprising approximately 50.01 acres and including Nueces
County Park NO.2 (Packery Channel Park)
Nueces County Land South of Mustang Island State Park:
Publicly owned (Nueces County) tract of land comprising 221.00
acres and 4,211 feet of Gulf Beach frontage generally surrounded
by the existing City Limits and out of the William Bryan Survey
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February 19, 2002
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606, between the east right-ot-way line ot State Highway 361 and
the existing City Limit line along the Gulf of Mexico shoreline,
being the 1.37 foot line above Mean Sea Level based on United
States Geological Survey and Geodetic Survey datum of 1929.
Beach Front Property North of Zahn Road: Privately owned
tract of land comprising approximately 9.23 acres and 2,009.79
feet of Gulf Beach frontage abutting the City Limits on the Gulf of
Mexico shoreline, being the 1.37 -foot line above Mean Sea Level
based on United States Geological Survey and Geodetic Survey
datum of 1929 and extending approximately 200 feet westward
and, between County owned land and State leased land at JP
Luby Surf Park.
(RECESS REGULAR COUNCIL MEETING)
K. CORPORATION MEETING:
20. CORPUS CHRISTI COMMUNITY IMPROVEMENT
CORPORA TION (Attachment # 20):
AGENDA
CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORA TlON
Date:
Tuesday, February 19,2002
During the meeting of the City Council beginning at
1 :00 p.m.
Time:
Location:
City Council Chambers
City of Corpus Christi
1201 Leopard Street
Corpus Christi, Texas 78401
1. President Rex A. Kinnison calls the meeting to order.
2. Secretary Armando Chapa calls roll.
Board of Directors
Officers
Rex A. Kinnison, Pres.
Javier Colmenero, Vice Pres.
W. Thomas Utter, Gen. Mgr.
Armando Chapa, Secretary
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February 19, 2002
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Brent Chesney
Henry Garrett
Bil/Kelly
John Longoria
Samuel L. Neal, Jr.
Jesse Noyola
Mark Scott
Mary Juarez, Asst. Secretary
Jorge Cruz-Aedo, Treasurer
Vacant, Asst. Treasurer
3. Approve minutes of October 30, 2001.
4. FmancmlReport
5. Authorizing the General Manager to revise the lease
agreement with the Nueces County Community Action
Agency for the property located at 119 Clemmer Street,
Corpus Christi, Texas, formerly known as "Kids of the
Neighborhood", which is used as a childcare facility or
Head Start or Early Head Start Programs.
6. Public Comment.
7. Adjournment.
(RECONVENE REGULAR COUNCIL MEETING)
L.
REGULAR AGENDA
CONSIDERATION OF MOTIONS. RESOLUTIONS. AND
ORDINANCES:
21.a. Resolution authorizing the City Manager or his designee to
execute an I nterlocal Cooperation Agreement with the City of Port
Aransas and Nueces County relating to the Mustang and North
Padre Islands Beach Parking Permit System. (Attachment # 21)
21.b. Resolution directing the City Manager or his designee to
terminate the Interlocal Cooperation Agreement with Nueces
County, dated June 1, 1993, relating to beach cleaning.
(Attachment # 21)
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Regular Council Meeting
February 19, 2002
Page 9
21.c. Ordinance amending the Code of Ordinances, City of Corpus
Christi, Chapter 10, Beachfront Management and Construction,
regarding exempt pipelines, the application process, state agency
review, terms of permits and certificates, mitigation measures,
application fees, requirements in eroding areas, and beach
access roads Packery Channel Access Improvements, and
penalties; providing for penalties. (Attachment # 21)
21.d. Ordinance amending Ordinance No. 022164, which adopted the
City of Corpus Christi, Texas Dune Protection and Beach Access
Regulation, by updating and revising Appendices I, Industrial
Uses Permitted/Not Permitted, IV, Flow Chart of Application
Process for Master Planned Developments, V, Flow Chart for
Application Process for Dune Protection Permit or Beachfront
Construction Certificate, VI, Designation of Access Ways, Parking
Areas, and Beaches Closed to Motor Vehicles, VII, Designated
Beach Fee Areas, VIII, Interlocal Agreement for Beach
Maintenance with Nueces County, XI, 31 TAC 99 15.1-15.10
(Coastal Area Planning), XII, Dune Protection Act, V.T.C.A.,
Natural Resources Code 961.001 et seq., XIII, Open Beaches
Act, V.T.C.A., Natural Resources Code 9 63.001 et seq., XIV,
Founding Policies, and adding Appendix XV, Packery Channel
Design Concept and Appendix XVI, Packery Channel Public and
Environmental Facilities; providing an effective date; providing for
penalties. (Attachment # 21)
22. First Reading Ordinance - Authorizing the City Manager or his
designee to execute Amendment NO.2 to the lease agreement
between the Buccaneer Commission and the City of Corpus
Christi, authorized by Ordinance No. 023917 on January 18,
2000, to adjust the amount payable for police services, add a late
payment fee and clarify procedures for resolving disputed claims.
(Attachment # 22)
23. Motion authorizing the City Manager or his designee to enter into
a three year lease with IKON Office Solutions, Corpus Christi,
Texas for copiers in accordance with Request for Proposals No.
BI-0015-02 for an estimated three year expenditure of $662,616.
Funds have been budgeted by the Print Shop in FY01-02 and will
be requested for all subsequent budget years. (Attachment # 23)
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February 19, 2002
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24. Motion authorizing the City Manager or his designee to execute
an agreement with Texas Medical Data Systems to provide
Accounts Receivable Management and Delinquent Collections
Service for the EMS Division of the Corpus Christi Fire
. Department in the amount of $163,800 per year. The term of the
agreement is for two years with an option to extend for up to four
additional twelve month terms. (Attachment # 24)
M. 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 A T THE REAR OF THE COUNCIL
CHAMBER, GIVING YOUR NAME, ADDRESS AND TOPIC. (A
recording is made of the meeting; therefore, please speak into the microphone
located at the podium and state your name and address. If you have a petition
or other information pertaining to your subject, please present it to the City
Secretary.)
Si usted se dirige a lajunta y cree que su ingles es limitado, habra un interprete
ingles-espanol en la reuni6n de la junta para ayudar/e.
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.
N. EXECUTIVE SESSION:
PUBLIC NOTICE is given that the City Council may elect to go into
executive session at any time during the meeting in order to discuss
any matters listed on the agenda, when authorized by the provisions of
the Open Meeting Act, Chapter 551 of the Texas Government Code,
and that the City Council specifically expects to go into executive
session on the following matters. 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 office.
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Agenda
Regular Council Meeting
February 19, 2002
Page 11
O. 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 offuture Council meetings and activities; and
other brief discussions regarding city-related matters.
25. CITY MANAGER'S REPORT
.
Upcoming Items
26. MAYOR'S UPDATE
27. COUNCIL AND OTHER REPORTS
P. ADJOURNMENT:
POSTING STATEMENT:
This agenda was posted on the City's official bulletin board at the front entrance
to City Hall, 1201 Leopard Street, at 3:00 _ p.m., February 15 , 2002.
QN1.YcIY{c ~i~tr~< )
Armando Chapa U -
City Secretary J
NOTE:
The City Council Agenda can be found on the City's Home
Page at www.cLcorDus-christi.tx.us after 7:00 p.m. on the
Friday before regularly scheduled council meetings. If
technical problems occur, the agenda will be uploaded on
the Internet by Monday morning.
Symbols used to highlight action item that implement
council priority issues.
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2001-2002
CITY COUNCIL GOALS
AND
PRIORITY ISSUES
I-CONTINUING PRIORITY [SSUES
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-Ene:ineerine:
. 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 I 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.
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Storm Water Utilitv
. 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 Buildine:
. Lease and complete renovation
Annexation Plan
. Implement current island annexation plan
ADA Transition Plan
. Develop and approve ADA Transition Plan within 90 days.
Redistrictine:
. 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 / County Health Issues
. Continue discussions with County to determine structure and process for the most effective
and efficient delivery of health services
Marketine: of CC Museum and Columbus Ships
. Continue to develop marketing plans for the Museum of Science and History and the
Columbus Fleet
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I NEW PRIORITY INITIATIVES AND ISSUES
City staff will deveiop and present to City Council action/implementation plans for the following priority
areas:
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Desalination Pilot Project
'Code Enforcement in Trashy Neighborhoods
~ *Employee Classification Study
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Ma ster Drainage Plan
Garwood Water
*New Golf Course
*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)
~ Padre Island Development Plan
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Downtown / South Central Development Plan (marina. t-heads, breakwater)
Housing Emphasis / Process (older neighborhoods. working class neighborhoods)
~ **Road Projects
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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 on/off ramps on SPID)
*Five Points Ambulance
Effluent Plan for Leopard Medians
RTA-Public Improvements
Arts and Sciences Park Plan
Budget Item
** Capital Improvement Program Item
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MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
February 12,2002
1:00 p.m.
PRESENT
Mayor Samuel L. Neal Jr.
Mayor Pro Tern Brent Chesney
Council Members:
Javier D. Colmenero
Henry Garrett
Bill Kelly
Rex A. Kinnison
John Longoria
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 Parry
ABSENT
Mark Scott
Mayor Neal called the meeting to order in the Council Chambers of City Hall. He delivered
the invocation and Council Member Garrett delivered the Pledge of Allegiance to the United States
flag. 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 January 29, 2002. A motion was made and passed
to approve the minutes as presented.
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Mayor Neal referred to Item 2 and the following board appointments were made:
Leadership Committee for Senior Services
Marion Ball Roland Medrano
Pauline Johnson Alan Bligh
Hector Garza Gloria Farias
Carol Suckey Anna Gonzales
Apolonia Cantu Lucy Johnson
Pete Oliver Patricia Shufelt
H. Rex Amick Russell Brent Stowers
Commission on Children & Youth
Vicky Alexander
Margaret Canales
Lt. Vidal De la Cerda
Melissa Madrigal
Drew Reining
Water Resources Advisory Committee
Kimberly Davis Stockseth Cap!. Richard Marcantonio
Jon Kiggans Herman Johnson Sr.
Carola Serrato Lena Coleman
Bob Kent Maribel Bermudez
Conrado Garcia Council Member Henry Garrett (Ex-Officio)
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Minutes - Regular Council Meeting
February 12,2002
Page 2
Museum of Science and History
Advisorv Committee
Dr. Alexey Sadovski (Reappointed)
Dr. Henry Brennecke (Reappointed)
Tony Diaz (Reappointed)
Shirley Abrams
Phyllis Howerton-Riddle
Committee for Persons with Disabilities
Crystal Lyons (Reappointed)
Linda Fallwell-Stover (Reappointed)
Toni Padilla (Reappointed)
Arts & Cultural Commission
Kacie Sicilia
Intergovernmental Commission on
Drug and Alcohol Abuse
Linda Cook
Human Relations Commission
Gustavo Valadez Ortiz
Ruth Silva
Park and Recreation Advisorv Committee
Maria Ramos
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Mayor Neal announced the executive session (Item 3), pursuant to Texas Government Code
Section 551.074, to interview candidates regarding appointment of Municipal Court Judges with
possible discussion and action related thereto in open session. The Council went into executive
session. The Council returned from executive session. Council Member Longoria made the
following motion, which was seconded by Council Member Kinnison:
3.a. M2002-042
Motion appointing Jeanette Cantu-Bazar as Substitute Judge of the Municipal Court of
Corpus Christi, Texas, to a term coterminolls with that of the City Council to serve as may
be required and scheduled by the Presiding Judge and setting her pay at an hourly rate based
on an annualized salary of$54,105.
The foregoing motion passed by the foliowing vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, and Noyola voting "Aye"; Scott absent.
Mr. Longoria also made the following motion, which was seconded by Mr. Kinnison:
3.b. M2002-043
Motion appointing Missy Medary as Municipal Court Judge of Corpus Christi, Texas,
Division C and setting her salary at $54,104 to a term coterminous with that of the City
Council.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, and Noyola voting "Aye"; Scott absent.
*************
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Page 3
Mayor Neal called for consideration of the consent agenda (Items 4-16). Council members
requested that Items 10, 11, 12 and 14 be discussed. There were no comments from the audience.
City Secretary Chapa polled the Council for their votes and the following were passed:
4. M2002-044
Motion authorizing the City Manager or his designee to execute a construction contract with
Rabalais Industrial and Electrical Constructors in the amount of $234,092.40 for the O.N.
Stevens Water Treatment Plant On-Going Instrument Maintenance Program FY2001-2002.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, and Noyola voting "Aye"; Longoria and Scott absent.
5. M2002-045
Motion authorizing the City Manager or his designee to execute a construction contract with
King-Isles, Inc. in the amount of$101,600 for the Wood River Lift Station Manifold and
Piping Rehabilitation.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, and Noyola voting "Aye"; Longoria and Scott absent.
6. M2002-046
Motion authorizing the City Manager or his designee to execute Amendment No.1 to the
engineering services contract with Bass & Welsh Engineering in the amount of $46,250 for
Neighborhood Street Reconstruction, providing design, bid and construction phase services
for underground utilities along Laguna Shores Road.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, and Noyola voting "Aye"; Longoria and Scott absent.
7. M2002-047
Motion authorizing the acquisition of a utility easement and a temporary construction
easement combined as Parcel 7 out of Lot K, Block 28, and Lots 0 and P, Block 29, Bass
Subdivision in the amount of $27,40 1 from the owner, Erma Traynham in connection with
the Sanitary Sewer Installation in developed areas: Bass Subdivision; Wastewater Capital
Improvement Program.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, and Noyola voting "Aye"; Longoria and Scott absent.
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8.a. ORDINANCE NO. 024755
Ordinance appropriating $15,472.48 from the Water Arterial Transmission and Grid Main
Trust Fund No. 4030-2090 I 0 to pay developer reimbursement request for the installation of
452 linear feet ofa l2-inch PYC water grid main to develop Lots 16 through 20, Block 38,
Garden Homes at King's Crossing Subdivision.
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.
8.b. M2QQ2-048
Motion approving the reimbursement application submitted by King's Crossing Realty, Ltd.,
owner and developer of Lots 16 through 20, Block 38, Garden Homes at King's Crossing
Subdivision, for the installation of 452 linear feet of a l2-inch PYC water grid main.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, and Noyola voting "Aye"; Longoria and Scott absent.
9. ORDINANCE NO 024756
Ordinance authorizing the City Manager or his designee to execute a Use Privilege
Agreement with Del Mar College for the right to construct, install, maintain, andior remove
an entrance sign on the northeast comer ofthe City-owned Lot lA, Block 3, Del Mar College
East Campus; and waiving the Use Privilege Agreement fee of$500 in consideration of the
college maintaining the lot grounds; and requiring Del Mar College to comply with the
specified condi tions.
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. ORDINANCE NO. 024759
Ordinance reappropriating $388,330 from the Frost National Bank Lease Purchase
Agreement into the General Fund No. 1020, amending Ordinance No. 024528 which adopted
the FY200l-2002 Budget to increase appropriations by $388,330 in the No. 1020 Fund for
Frost Bank Lease Space Improvements.
An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, and Noyola voting "Aye"; Longoria and Scott absent.
IS. ORDINANCE NO. 024761
Ordinance authorizing the City Manager, or his designee, to execute a sixty-year lease
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February 12,2002
Page 5
contract with Destiny Associates, Inc. for the occupancy of 450-square feet into the existing
Schatzel Street Right-of Way (ROW), to repair and maintain a permanent building structure,
concrete facings and planters that are encroaching into the public street Right-of- Way
located respectively adjacent to the north boundary line of Lot 7, Block 12, Beach Portion;
establishing a fee of$I,050 as payment for the first five (5) year Lease increment.
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.
16. ORDINANCE NO. 024762
Ordinance authorizing the City Manager, or his designee, to execute Amendment No. I to
the Lease between the Bayfest, Inc., and the City of Corpus Christi, authorized on March 2 I,
2000, by Ordinance No. 023972, to adjust the amount payable for Police services and to add
a late payment fee; providing for severance; and providing for publication.
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 10, agreement with Beautify Corpus Christi
Association (BCCA). Responding to Council Member Noyola, City Manager Garcia said that Solid
Waste Services will provide $25,000 to BCCA to implement the program outlined in the scope of
work. City Secretary Chapa polled the Council for their votes as follows:
10. M2002-049
Motion authorizing the City Manager or his designee to approve a Letter of Agreement
between the City of Corpus Christi, Solid Waste Services and the Beautify Corpus Christi
Association for a grant in the amount of $25,000 for professional services in support of Solid
Waste Service's educational programs and new basic services.
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 II, regional water planning activities. He said he and
the Council support the Regional Water Planning Group but the city is often criticized and accused
of paying the majority of the cost for planning activities. Mr. Ron Massey, Assistant City Manager
for Public Works and Utilities, explained that for simplicity the city pays the cost and then passes
it on to the water customers through the raw water calculation. Mayor Neal pointed out that charges
are allocated throughout the region. City Secretary Chapa polled the Council for their votes:
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Page 6
11. M2002-050
Motion authorizing the City of Corpus Christi's proportional contribution of the local share
of administrative expenses for regional water planning activities during FY2002, required
by Senate Bill 1, 75th Texas Legislature, in accordance with the Interlocal Agreement for
Water Planning Activities approved by Motion M98-034, with the City's remaining share
according to the formula adopted by the Regional Water Planning Group, to be $44,309.51.
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 12, police grant applications, and he asked for an
explanation. Ms. Pat Eldridge, Management Assistant in the Police Department, said that each year
the Criminal Justice Division provides funds for new grants and continuation grants, for which the
gang analysis unit and computer forensics specialist qualify. She said when staff brought this to the
Council on January 29, 2002, they did not have the final numbers from the state so they are asking
the Council to amend the previous resolutions to reflect the corrected numbers. City Secretary Chapa
polled the Council for their votes as follows:
l2.a. RESOLUTION NO. 024757
Resolution amending Resolution No. 024749 authorizing the submission of a grant
application for the Gang Analysis Unit of the Police Department to the State of Texas, Office
of the Governor, Criminal Justice Division to increase the City cash match by $673, for a
total of$59,63l, and the total grant application of$75,3l4.
The foregoing resolution passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, and Noyola voting "Aye"; Longoria and Scott absent.
l2.b. RESOLUTION NO. 024758
Resolution amending Resolution No. 024750 authorizing the submission of a grant
application for the Computer Forensics Specialist grant of the Police Department to the State
of Texas, Office of the Governor, Criminal Justice Division to increase the City cash mateh
by $8.00, for a total of $18,895, and the total grant application to $58,791.
The foregoing resolution passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, and Noyola voting "Aye"; Longoria and Scott absent.
*************
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Page 7
Mayor Neal opened discussion on Item 14, Water Resources Advisory Committee, and he
asked for an explanation. City Secretary Chapa said that the ordinance as it was originally approved
did not allow for staggered terms. He said this amendment would establish that, thereby providing
continuity on the committee. Mr. Chapa polled the Council for their votes as follows:
14. ORDINANCE NO. 024760
Ordinance amending Section 2-230(a)(2) of the Code of Ordinances, City of Corpus Christi,
regarding appointment of members of the Water Resources Advisory Committee: providing
for penalties; providing for severance.
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.
*************
Mayor Neal referred to Item 17, and a motion was made, seconded and passed to open the
public hearing regarding an amendment to Article 12A, "B-IA" Neighborhood Business District.
City Secretary Chapa said the Planning Commission and staff recommended approval.
Mr. Michael Gunning, Planning Director, explained that the masonry fence requirement in
the "B-1 A" regulations created an obstacle for many business owners, as well as created problems
with easements. He said staff recommended deleting that requirement and leaving the standard
screening fence requirement in place, which would be coupled with the "B-IA" landscaping
regulations. No one appeared in opposition to the amendment. Mr. Garrett made a motion to close
the public hearing, seconded by Mr. Chesney, and passed. Mr. Chapa polled the Council as follows:
17.b. FIRST READING ORDINANCE
Ordinance amending the Zoning Ordinance by revising Article 12A, "B-IA" Neighborhood
Business District Regulations, by replacing masonry fence with standard screening fence
requirement and providing supplementary landscaping and site design requirements; and
Article 27, Supplementary Height, Area, and Bulk Requirements, by revising Section 27-
3.01.06 (I) Fence Requirements.
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 18, curfew ordinance for minors. City Secretary Chapa said this
item was listed on the agenda as a first reading ordinance but it will be read as an emergency
ordinance because the present ordinance will expire on February 19,2002. A motion was made,
seconded and passed to open the public hearing on Item 18.
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Page 8
Judge Deanie King of the Juvenile Court (Division D) urged the Council to renew the
ordinance, which has both daytime and nighttime elements. She said she will soon change the docket
in order to hear 50 truancy and curfew cases per week. She said they are trying to address the causes
of juvenile delinquency through the Juvenile Assessment Center's case management program and
the Gulf Coast Council of La Raza. Presiding Judge Rodolfo Tamez further discussed the importance
of the curfew ordinance and the programs to address juvenile problems.
Mayor Neal asked why the ordinance pertains to youth under 17 rather than under 18. Judge
King replied that when the ordinance was enacted, the mandatory requirement of going to school
through age 18 did not exist. She said it may make sense to modifY the ordinance to include 17-year-
olds, particularly with regard to the daytime curfew. She said now the schools have the option of
filing truancy violations against those under 18. The Mayor said he receives a large number of calls
from concerned citizens about 17-year-olds not being addressed by the ordinance.
Council Members Chesney and Garrett commended the efforts of Judge Tamez and Judge
King. Mr. Garrett asked Judge King if she felt the curfew hours needed to be adjusted. She replied
that at this time she does not because most of those who come before the court for curfew violations
are older juveniles (middle and high schoolers). She said she would like to draft an amendment to
the ordinance and discuss it with the Council at another time. Mr. Garrett asked if CCISD schools
still have closed campuses at noon, and Judge King replied that to her knowledge they do.
Council Member Colmenero asked about repeat offenders. Judge King said she did not have
specific statistics available with her but she estimated that the typical amount of repeat offenders is
20%. She said she spends a lot of time educating the juveniles who go through the Juvenile Court
both through imposing consequences for their actions and trying to prevent future delinquency.
Police Chief Pete Alvarez explained that state law requires cities to revisit their curfew
ordinances every tlu-ee years and the last time COIpllS Chnsti did so was in February 1999. He said
the ordinance has been very effective in reducing juvenile crime and has had a positive impact in this
community. He said prior to the ordinance's enactment, there were many instances of criminal acts
committed by juveniles against juveniles, and the curfew law has helped to reduce those occurrences.
The Chief said it is apparent the message about the curfew has reached the citizens.
No one appeared in opposition to Item 18. Mr. Garrett made a motion to close the public
hearing, seconded by Mr. Kinnison, and passed. Mayor Neal pointed out that the state has passed
new laws about undemge drivers and he said city staff needs to look into how that affects the curfew
ordinance. Mr. Chapa polled the Council for their votes as follows:
18.b. ORDINANCE NO. 024763
Ordinance continuing the curfew ordinance for minors, Corpus Christi City Code Sections
33-40,33-41,33-42, and 33-42.1.
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An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney,
Colmenero, Garretto'Kelly, Kinnison, and Noyola voting "Aye"; Longoria and Scott absent.
*************
Mayor Neal opened discussion on Item 19, Mexican Consulate Office. City Manager Garcia
said the Corpus Christi office received word about two weeks ago that it would close as part of a
world-wide realignment of consular offices. He said it has provided important services to this
community. In conjunction with the Mayor's Office, staffis trying to contact the Secretary of Foreign
Affairs of Mexico to appeal the decision.
Responding to Council Member Colmenero, City Secretary Chapa said that if the Corpus
Christi office does close, there are three other offices approximately an equal distance from Corpus
Christi--San Antonio, Brownsville and Laredo--that are scheduled to remain open. There were no
comments from the audience. Mr. Chapa polled the Council for their votes as follows:
19. RESOLUTION NO. 024764
Resolution in support of maintaining the Mexican Consulate Office in Corpus Christi.
The foregoing resolution passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, and Noyola voting "Aye"; Longoria and Scott absent.
Mayor Neal said Item 20 had been withdrawn.
20. WITHDRAWN
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budg",t }GaL!'.
*************
Mayor Neal opened discussion on Item 21, "e-government" services. City Manager Garcia
said one of his major objectives has been to improve the city's customer service. He said there are
major improvements in the use of the internet and e-government and staff needs to harness many of
those resources. He said Ms. Susan Cable, Director of Communications and Quality Management,
and Mr. Ogilvie Gericke, Director of Municipal Information Systems, have developed an excellent
web site and they continue to look for ways to improve citizens' access to government services. He
said such endeavors are key to the city's re-engineering efforts.
1.
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Minutes - Regular Council Meeting
February 12,2002
Page 10
Using a computer presentation, Ms. Cable explained that a definition of"e-government" is
streamlining government by providing efficient and effective services and information to citizens
and businesses through advanced technology. She said that factors driving the use of the internet and
e-government include changes in citizen and business expectations and the growth of technology.
She said according to a survey conducted by the city, 58.6% of citizens have internet access at home
and even more have access at work. She said the city's internet site (www.ci.corpus-christi.tx.us)
receives over 14,000 hits per day and in the United States, the rate of growth is two million new
internet users per month. Ms. Cable further discussed citizens' changing expectations, induding their
desire for convenient, continuous accessibility.
Ms. Cable said that according to a recent study, costs for customer service vary as follows:
call center (human)-$1.56 per minute; kiosk (bank machine)-$1.05 per transaction; interactive voice
responses (telephone systems)-$0.35 to $0.56 per transaction; and internet/web-$O.Ol per transaction.
Mr. Garcia emphasized the potential for cost savings through internet use. Ms. Cable said the current
city internet site contains approximately 8,000 pages, including a citizen comment form, although
there is a need for interactive and payment services.
Ms. Cable said that following a survey, request for information, and presentations and
interviews, city staff is recommending contracting with Texas Local Interactive Inc. (TLI) to provide
e-government services. She said TLI is a competent external provider which offers flexible funding,
interfacing with back-end systems, hardware and technical expertise, experience, and sccurity. She
said the first four target areas are utility bill payments and information; traffic ticket and fine
payments; basketball registration (Park and Recreation Department); and job applications_ She said
when those are completed, other applications will be considered, such as the building permit process.
SOlO said the goal is to improve service delivery, minimize the cost to the user, and realize cost
efficiencies. The estimated annual costs are $197,416 for the first year; $256,135 for the second ycar;
and $261,490 for the third year, which will be off.<;et by corresponding revenue sources (transaction
fees, utilitj funds, and General Fund "P-card" rebates). Ms Cable said the target for on-line
implementation is summer 2002.
Responding to Council Member Colmenero, Ms. Cable said the city's goal is to put the
kiosks in the 24-hour H-E-B grocery stores and areas where citizens do not have as much access to
computers. Mr. Garcia added that the city is providing increased internet access through all the city's
libraries. Ms. Cable also discussed upcoming requests for proposals.
Council Member Kinnison said he hopes they continue looking at the fee structure,
particularly a tiered approach. Ms. Cable said staff can review that. Mr. Kinnison also asked about
convenience fees for utility payments. Ms. Cable responded that at this point the city plans to not
charge that fee. Mr. Garcia also discussed the use of"P-cards." Mr. Jorge Cruz-Aedo, Assistant City
Manager, said that after 12 months Wells Fargo Bank will calculate purchases made with P-cards
and rebate back to the city a fee for the use of the card.
Mr. Garcia said the real savings in the e-government program will be the city's ability to
move away from cashiering operations and customer service phone banks to people who respond to
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Page II
e-mails and reconcile transactions at the end of the day. Mr. Kinnison asked if customers will be able
to go on-line and provide credit card information so their monthly utility payments can be
automatically charged to their credit card. Ms. Cable said staff is discussing that possibility with TLI.
Mr. Garcia said they will also explore the option of drafting directly from customers' bank accounts.
Mr. Kinnison also asked about information dissemination (holiday schedules, etc.) and other
registration applications in addition to basketball. Ms. Cable said staff is first targeting basketball
registration due to the large participation but they plan to expand into other areas as well.
Responding to another question from Mr. Colmenero, Ms. Cable said the contract includes
specific language about privacy. There were no comments from the audience. City Secretary Chapa
polled the Council for their votes as follows:
21.a. ORDINANCE NO. 024765
Ordinance appropriating $73,554 in the No. 5210 Municipal Information System (MIS) Fund
for implementation ofE~Govemment services; authorizing the transfer of$24,518 from each
of the following funds to the No. 5210 MIS Fund: Water System Fund, Wastewater System
Fund, and Gas System Fund for E-Government services; amending Ordinance No. 024528
which adopted the FY2001-2002 budget to increase appropriations by $73,554 in the No.
5210 MIS Fund.
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.
21.b. M2002-051
Motion authorizing the City Manager of his designee to execute a three-year contract with
Texas Local Interactive Inc., to implement E-Government services for $715,042, including
estimated bank transaction fees of $383,887. Texas Local Interactive Inc. will establish,
operate and maintain a web site and portal access through local, wide area and global
computer networks to provide electronic access to City information and the ability to perform
electronic transactions. The four initial web applications are: utility bill payments and
information, traffic and parking fine payments and information, Park and Recreation
basketball registration, and job applications. Texas Local Interactive Inc. is a Qualified
Information Services Vendor (QISV) with the State of Texas.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, and Noyola voting "Aye"; Longoria and Scott absent.
* * * * * * * * * * * * *
Mayor Neal called for the City Manager's report. Mr. Garcia said that on February 19th the
Council will have a joint meeting at noon with the board of the Regional Transportation Authority
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Minutes - Regular Council Meeting
February 12,2002
Page 12
followed by the regular meeting. He said the discussion about traffic signal upgrades and new
installations will be held on February 26th.
In his report, Mayor Neal announced that Council Member Colmenero had been appointed
to the National League of Cities' International Task Force. He noted that there will be a
Sesquicentennial Committee meeting on February 20th in the Basement Training Room. He asked
the Council to encourage their representatives to attend. The Mayor said cities and counties have
pending before them the effects ofHB 1445, which calls for an April 1st resolution regarding extra-
territorial jurisdiction. Mr. Garcia said staff will provide a report.
Mayor Neal said it is his understanding there is a potential problem with the connectivity of
video imaging equipment between the city and the county. Also, he said the city has been waiting
since last August to hold discussions with county and hospital district officials regarding funding for
the city-county health department. Mr. Garcia said they have attempted several times to schedule
those meetings but they have been cancelled. Mayor Neal also asked for a report at the Council's
next meeting on the status of Metrocom and a discussion (either in executive session or regular
session) on the situation with the firefighters. The Mayor called for Council concerns and reports.
Mr. Chesney asked staff to follow up on concerns and questions raised by citizens during the
town hall meeting at Ray High School on January 31 st. He said another town hall meeting will be
held in March in District 4. He also said that on March ] 9th the Council will be given a full
presentation on the marina development proposals with all opportunity for the public to voice their
opinions. He said that during the Council's retreat on March ]5th, he would like to discuss the
process of hearing presentations and public comment some time before the Council actually takes
action on a proposal. He said he would also like to discus5 the number of emergency ordinances on
the regular agenda.
Mr. Chesney said he and Mr. Garrett attended a positive meeting with citizens concerned
about the treatment of animals at the Animal Control facility. Mr. Garcia said the volunteer
coordination effort has begun at that facility. Mr. Chesney also said he receives copies of minutes
from the Council of Government meetings after the fact but not copies of agendas. City Secretary
Chapa said Mr. Chesney is a COG member and staff will find out why he is not receiving the notices.
Mr. Garrett asked about irrigation of the Labonte Park soccer fields. Mr. Tony Cisneros,
Director of Park and Recreation, said that park is on the list of needed improvements for a future
bond program. Mr. Garrett asked staff to support citizens' volunteer efforts at the animal shelter.
Mr. Kinnison asked staff to keep the Council updated on the beach permit issue. Mr. Garcia
said staff will have an item for the Council to consider in the near future. Mr. Kinnison asked that
the Council consider holding their retreat for a day and a half as opposed to just one day. Mayor Neal
said he did not have a problem with that idea except March 16th is the first Saturday of spring break.
Mr. Kinnison noted that the city's current General Fund balance is approximately $8 million,
and Mr. Cruz-Aedo said the city has made great strides in its financial position. Mr. Kinnison
TO
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February 12,2002
Page 13
referred to a comment made by a county official about that issue and he suggested that staff provide
the county with the most current report from Standard and Poor's rating agency. Mr. Garcia said
Corpus Christi is probably the healthiest large city in the state in light of the experiences of Austin,
Dallas, Houston and San Antonio, which had been very reliant on sales tax projections. Mayor Neal
said an inference was also made by a county official that the reason the city's General Fund budget
is healthy is because the Council has been balancing it out of the Utility Fund, which is incorrect.
Mr. Cruz-Aedo agreed that such transfers are prohibited by the City Charter.
Mr. Kelly said he has received calls about the need for water at the Labonte Park soccer
fields. He also noted that CCISD officials have said they will develop a master plan for the schools
in light of a recent question about school closures. He said he thinks the district's plans will have an
impact on the city's efforts to revitalize some of the neighborhoods and, in turn, school officials may
be interested in the renewal community designation and other assistance programs. Mayor Neal said
he has discussed those issues with the president of the school board and has offered whatever
facilities the city has with the renewable community program to the school district as well as
assistance from Traffic Engineering and Park and Recreation.
Mr. Colmenero echoed Mr. Kelly's concerns about the impact of the district's plans for the
schools. He said during a meeting the night before, there was a question about the use of the former
Corpus Christi Transit System building. Mr. Massey said that site is covered under the state's leaking
underground storage tank program and it has been under remediation since 1988. He said staff will
find out what it will take to have that site declared as being cleaned up.
Mayor Neal called for petitions from the audience and there were none. There being no
further business to come before the Council, Mayor Neal adjourned the Council meeting at 3:35 p.m.
on February 12,2002.
*************
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2
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a. LEADERSHIP COMMITTEE FOR SENIOR SERVICES (NEW) - One (1) vacancy
with one-year term to 2-01-03 representing the category of Direct Service Agency.
COMPOSITION
Fifteen (15) members representing the following categories: 2 - Senior center participants,
2 - Retired and Senior Volunteer Program (R.S.V.P.) volunteers, 2 - Senior Companion
Program (S.C.P.) volunteers, 3 - Direct service agencies, and 6 - Community representatives.
Initially, eight (8) members shall be appointed for a term of one-year and seven (7) members
shall be appointed to two-year terms.
MEMBERS
TERM
ORIGINAL
APPTD.DATE
Marion Ball (Senior ctr.)
Pauline Johnson (Senior ctr.)
Hector Garza (R.S.V.P.)
Carol Suckey (R.S.V.P.)
Apolonia Cantu (S.C.P.)
Pete Oliver (S.C.P.)
H. Rex Amick (Agency)
Roland Medrano (Agency)
+ VACANT (Agency)
Alan D. Bligh (Community)
Gloria Farias (Community)
Anna Gonzales (Community)
Lucy Johnson (Community)
Patricia Shufelt (Community)
Russell B. Stowers (Community)
2-01-03
2-01-04
2-01-03
2-01-03
2-01-04
2-01-03
2-01-04
2-01-03
2-01-03
2-01-03
2-01-04
2-01-04
2-01-03
2-01-04
2-01-04
2-12-02
2-12-02
2-12-02
2-12-02
2-12-02
2-12-02
2-12-02
2-12-02
2-12-02
2-12-02
2-12-02
2-12-02
2-12-02
2-12-02
+ Tabled on 2-12-02
NOTE: An asterisk (*) beside an individual's name indicates that they are former
members of the Senior Community Services Advisory Committee or the Senior
Companion Program Advisory Committee.
INDIVIDUALS EXPRESSING INTEREST
Roxanne Bailey
R.N.-Intake Coordinator, Girling Healthcare. Serves
as a Health Care Case Manager with specialty in rcu
and Cardiac Nursing. Community activities include:
City League Softball, Beach to Bay, Senior health
advisor and participant in various health fairs.
(Agency) (1-09-02)
02-19-02.wpd, p. 1
-~-
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~r
Kevin Betts
Executive Director, Trinity Towers Retirement
Community. Associate's degree from Columbus State
College. Certified Assisted Living Manager in Texas.
(Agency) (6-15-01)
.. Hope R. Franklin
Information Specialist, United Way InfoLine.
Associate's degree in Social Work; certified Benefits
Counselor II; certified case manager. Former
secretary for the Senior Companion Program
Advisory Committee. (Agency) (11-07-01)
Cathy Gilroy, R.N.
Director of Patient Care, Girling Health Care.
Member of Professional Advisory Committee.
(Agency) (12-11-00)
Juanell McKinzie Graham
Executive Director, Villa Corpus Christi Northwest.
Graduate of Tuloso-Midway High School and has
take courses in Banking and Assisted Living. Former
member ofthe RSVP Advisory Committee. (Agency)
(6-08-01)
.. Julia Whitehurst
Director of Senior Friends with Corpus Christi
Medical Center, M.S. in Nursing, Member of
Alzhiemers Association, Texas Nursing Association,
American Nursing Association and Intemational
Nursing Honor Society, Adjunct Associate Professor
of Nursing for Texas A&M University in Corpus
Christi. (Agency) (11-07-01)
.. Iris P. Williams
Director of Rehabilitation, Heartland of Corpus
Christi. B.S. in Physical Therapy, Tuskegee Institute.
Professional activities include: member of Delta
Sigma Theta (public service organization) and former
member ofthe Senior Companion Program Advisory
Committee. Named the Director of Rehabilitation for
the Quarter for HCR Manorcare.(Agency) (11-07-01)
02-19-02.wpd, p. 2
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b. OIL AND GAS ADVISORY COMMITTEE - Four (4) vacancies with three-year terms
to 12-31-04 representing the following categories: I - General Public, I - Oil Industry, I _
Alternate (General Public) and I - Alternate (Oil Industry). (Mayoral appointments subject
to confirmation by Council)
COMPOSITION
Eight (8) persons who are residents of Corpus Christi: 3 members from the oil and gas well
industry; 3 members from the general public who are not connected with the oil and gas well
industry; and 2 alternates: I from the general public to serve in the absence of a public
members, and I from the industry to serve whenever an industry member is absent. Public
members shall be appointed by the Mayor with approval of the Council; industry members
shall be appointed by the Mayor with approval of the Council from those persons nominated
by the oil and gas well industry. Members are appointed for 3-year terms ending December
31, and may succeed themselves. Meetings are called by the Chairman or any 3 members
of the Committee within specified time limits. Four members constitute a quorum. The
committee annually elects its own chairman and vice chairman. Members receive no
compensation for their services.
MEMBERS
TERM
ORIGINAL
APPTD. DATE
Jerry Dewbre (Oil Industry), Chairman
* Claude D'Unger (General Public)
Charles West (General Public)
** Sharon Johnson (Oil Industry)
Michael Woodcock (General Public)
Don Kersting (Oil Industry)
* Harry Cofer (Alt, General Public)
** Charles Jacobs (Alt, Oil Industry)
12-31-03
12-31-01
12-31-02
12-31-01
12-31.03
12-31-02
12-31-01
12-31-01
12-23-97
2-16-99
1-07-97
4-14-98
1-09-0 I
1-07-97
1-07-97
2-16-99
* Not seeking reappointment
** Seeking reappointment
ATTENDANCE RATE OF MEMBERS INTERESTED IN REAPPOINTMENT
NAME
NO. OF MTGS.
THIS TERM
NO.
PRESENT
% OF ATTENDANCE
LAST TERM YEAR
Sharon Johnson (Oil Industry)
Charles Jacobs (All., Oil Industry)
2
2
I
I
50%
50%
02-19-02.wpd, p. 3
.,. r'
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.__.....,.._.u._._..,._____.,___
OTHER INDIVIDUALS EXPRESSING INTEREST
Gretchen Arnold
Director of Pollution Prevention Program, Texas
A&M - Corpus Christi. Active member of
Environmental-Air Quality Programs and the
Alternative Transportation Committee. Recipient of
the Governor' s Award for Environmental Excellence,
TNRCC Advocate Award and the League of
American Wheelmen Award for Community Facilities
and Volunteerism. (General Public) (1-28-02)
Don Boyd
President/Owner, Texan Drilling Company, Inc.
A.A., Tyler Junior College; B.S., Geology, The
. University of Texas at Austin; M.S., Geology,
Louisiana State University at Baton Rouge. Member
of Society of Independent Professional Earth
Scientist, Mid-Continent Oil and Gas Association,
and the South Texas Geological Society. (Oil
Industry) (2-03-98)
Robert J. DeLeon
President, Legacy Capital Group. B.S. in Marketing,
Texas A&M - Corpus Christi. Current position
involves arranging financing for businesses,
individuals and large municipal projects in the entire
South Texas Region. Has past experience as a general
contractor in sales to oil and gas markets. Volunteers
as a Padre Little League Baseball Coach. (General
Public )(2-11-02)
Douglas R. Dunn
Center Director, University of the Incarnate Word
(Del Mar campus). Holds a Master's degree in Public
Administration. Member ofthe Rotary International
Club. Has received numerous personal and unit
awards during Coast Guard career. (General Public)
(1-30-02)
John Lillard
Captain/Instrnctor/Assistant Manager, C.C. Sailing
Center. B.A. from the University of Texas at Austin.
Recipient of the American Sailing Association
Instructor of the Year Award (2001). (General
Public) (2-01-02)
Eduardo Riddle
Owner, Riddle Engineering Corporation. B.S. in
Petroleum Engineering, Texas A&M - College
02-19-02.wpd, p. 4
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Station. Member of the Society of Petroleum
Engineers, C.C. Geological Society, the Texas A&M
University Petroleum Engineering Industry Board and
the Hispanic Chamber of Commerce. (Oil industry)
(12-11-01)
Ronald Ruiter
Self-employed engineer. M.S. in Civil Engineering,
University of Michigan. Experienced real estate
developer, contractor and engineer in Chicago for 25
years. Currently seeking election to Padre Isles
Owners Association Board of Directors. (General
public) (1-17-02)
Robert Tamez
Energy Facilitator, Citgo Refinery. Member of the
Hispanic Chamber of Commerce Board of Directors,
Westside Business Association, Southwest Basketball
Officials Association and the Pan American Golf
Association. (Oil industry) (1-05-01)
02-19-02.wpd, p. 5
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CITY COUNCIL
AGENDA MEMORANDUM
City Council Meeting on February 19, 2002
AGENDA ITEM:
A resolution authorizing an amendment to the Fiscal Year 2001-2002 Park and
Recreation Department Fee Schedule, pursuant to Section 36-7 of the Code of
Ordinances, by adding a Single Rider Cart fee and Golf Promotional Programs; and
providing for severance.
ISSUES:
The 18 hole Single Rider Golf Cart rental fee had been removed from the Fiscal 2001-
2002 Fee Schedule. This change was met with a strong negative response. After
evaluating the situation, staff felt that the appropriate measure to ensure a higher
degree of customer satisfaction and service would be to reinstate the Single Rider fee
during off-peak periods only (off-peak defined as weekdays and after 12:00 PM on
Saturdays, Sundays and holidays). The Full Cart Rental Fee would apply to everyone
during the peak periods.
The current Park and Recreation Department Fee Schedule ordinance does not have
language to allow the municipal golf courses to run marketing promotions.
Consequently, the courses are unable to respond to economic trends within the golfing
community by providing special opportunities for golf customers to play at pricing levels
other than as exist in the current Fee Schedule. Adding this new Section will provide
that marketing tool.
PRIOR COUNCIL ACTION:
The City Council previously approved the current Schedule of Proposed Fees and
Charges for Fiscal Year 2001-2002.
REQUIRED COUNCIL ACTION:
The City Council must approve all new fees.
RECOMMENDA TION:
Staff recommends approval.
1 '
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'1f-l(.L LA';; "- ~~'.c -~
Marco A. Cisneros,
Director of Park and Recreation
ADDITIONAL SUPPORT MATERIAL
Background Information X
11
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.
AGENDA MEMORANDUM
BACKGROUND INFORMATION
BACKGROUND:
The current fee structure for Golf provides no flexibility with regard to the pricing of
greens fees, cart rentals, etc. In a market-driven industry such as golf, the ability to
respond to market trends by providing promotions is a necessity. The municipal golf
courses have consequently been hindered in regard to responding to these trends. For
example, mornings are always peak periods for playing golf yet the price for playing golf
in the morning is the same as for in the afternoon. A player has no incentive beyond tee
time availability to play in the afternoon. During certain times of the year, promotional
"specials" might be run which would offer some sort of reduced rate or combination of
rates for playing during the afternoon. This type of promotion would increase course
revenue by making it appealing for a customer to choose to play on an afternoon rather
than waiting until another morning is available or going to other courses where a
morning tee time might be available. Other types of promotions could be used to
accomplish similar goals, the basic purpose of which would be to increase business and
increase revenues. Customers brought in due to promotions may become repeat
customers due to familiarity or other aspects.
For many years the Golf Fee Schedule included a golf cart rental fee for an 18 hole
single rider. In the Fiscal 2001.2002 Fee Schedule the 18 hole single rider cart rental
fee was removed. The reason for this is that the cost of maintaining a golf cart is the
same whether two people ride it or one person rides. Most golf carts are rented by two
people at a time. These customers usually split the Full Cart rental fae between
themselves. Golf course staff also make a concerted effort to pair s!ngle players
together because this is most efficient for the course as a whole; two players playing
together take less time on the course than two players playing by themselves.
Occasionally, however, a single rider cannot be paired with anyone else. This player
would therefore be responsible for the entire cart rental fee as the fee structure currently
stands.
There was a strong negative customer response to removal of the 18 hole single rider
cart fee. Staff members evaluated the situation and determined that reinstating the
single rider fee would be appropriate in order to demonstrate strong customer service.
However, in order to recognize the fact that a single rider places just as much wear and
tear on a golf cart as two riders, the fee would have to be higher than simply half of the
Full Cart rental fee. Additionally, maintenance expenses have been increasing due to
the age of the carts. Therefore, staff felt that an increase in the previous Single Rider
fee from $10.50 to $12.50 would be appropriate. Allowing single riders only during off-
peak periods additionally supports the efforts to minimize playing time and increase cart
availability during peak periods for every Golfer's benefit.
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A RESOLUTION
AUTHORIZING AN AMENDMENT TO THE FISCAL YEAR 2001-2002
PARK AND RECREATION DEPARTMENT FEE SCHEDULE, PUR-
SUANT TO SECTION 36-7 OF THE CODE OF ORDINANCES, BY
ADDING A SINGLE RIDER CART FEE AND GOLF PROMOTIONAL
PROGRAMS; AND PROVIDING FOR SEVERANCE.
WHEREAS, Section 36-7 of the City Code requires council approval by motion or reso-
lution for any new recreational fees created;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS THAT:
SECTION 1. The City Council approves an amendment to the Fiscal Year 2001-2002
Park and Recreation Department Fee Schedule by adding a single rider cart fee as fol-
lows:
.
.
.
.
.
"IX. Golf
"A.
.
.
.
.
.
"G. Golf Car rental rates
"9 holes $12.50
"18 holes (sino Ie rider) $12.50'
"18 holes (two riders) $17.50
". The rate shown will be in effect durino off-oeak hours."
.
.
.
.
.
SECTION 2. The City Council approves an amendment to the Fiscal Year 2001-2002
Park and Recreation Department Fee Schedule by adding golf promotional programs
as follows:
.
.
.
.
.
"IX. Golf
"A.
.
.
.
.
.
H:\LEG-OIR\elizabethIELlZABETlEHresOl 100lEHreS114 wpd
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'"
"M. Golf Promotional Proorams: The Park and Recreation Department is
authorized to conduct oolf marketino promotionals. at various times
durino the Year, at both municipal courses. Cost recoverv will not
exceed 40% of the cost of vouth proorams. with reoard to the oolf
marketino promotionals, other than as applied to the Latchkev
prooram."
SECTION 3. If, for any reason, any section, paragraph, subdivision, clause, phrase,
word or provision of this resolution shall be held invalid or unconstitutional by final judg-
ment of a court of competent jurisdiction, it shall not affect any other section, paragraph,
subdivision, clause, phrase, word or provision of this resolution, for it is the definite in-
tent of the City Council that every section, paragraph, subdivision, phrase, word and
provision hereof shall be given full force and effect for its purpose.
INTRODUCED AND PASSED by the City Council of the City of Corpus Christi, Texas,
on the day of February, 2002.
ATTEST:
CITY OF CORPUS CHRISTI
Armando Chapa, City Secretary Samuel L. Neal, Jr., Mayor
APPROVED AS TO LEGAL FORM on the1J!A.. day of February, 2002.
By:
Elizabettj/R. Hundley, Assistant City Attorn
RAY, JR., City Attorney
f./) (
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CITY COUNCIL
AGENDA MEMORANDUM
City Council Meeting on February 19, 2002
AGENDA ITEM:
Motion approving the Department of the Army right-of-entry for environmental
assessment and response with regard to the demolition of an out of use aircraft hangar
at Bill Witt Park.
ISSUE:
The Department of the Army, Corps of Engineers has informed the City's Park and
Recreation Department that the Corps must obtain a right-of-entry from the City in order
to conduct a lead-based paint and asbestos survey for the out of use aircraft hangar
located at Bill Witt Park. This hangar is scheduled to be demolished beginning in March
of 2002. The right-of-entry must be provided prior to demolition work commencing.
REQUIRED COUNCIL ACTION:
City Council must approve all right-of-entry permits.
RECOMMENDA TION:
Staff recommends that the right-of-entry be granted.
6--ld..L ," <:) ("
- - _ \/).~ L-(....--2--
Marco A. Cisneros,
Director, Park and Recreation
ADDITIONAL SUPPORT MATERIAL
Background Information X
Agreement Summary X
,.
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AGENDA MEMORANDUM
BACKGROUND INFORMATION
BACKGROUND:
Bill Witt Park is located at what was formerly the Rodd Field Naval Air Station. Located
on this property is a hangar which is scheduled to be demolished. In February of 2002
the Park and Recreation Department received a letter from the Department of the Army,
Corps of Engineers informing them that the Corps of Engineers must obtain a right-of-
entry in order to do an environmental assessment of the hangar for lead-based paint
and asbestos as well as demolish the hangar. This right-of-entry must be granted prior
to the work beginning. The current plan is to have the demolition work begin in March
of 2002 and the Corps of Engineers anticipates an eighteen month period to complete
the work.
'---y----
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AGENDA MEMORANDUM
AGREEMENT SUMMARY
1. The City of Corpus Christi grants to the Corps of Engineers an irrevocable and assignable
right to enter in, on, over and across the land associated with Bill Witt Park during the
timeframe necessary to do the environmental assessment and demolition of the abandoned
hangar.
2. The right-of-entry is valid for a period of no more than eighteen months beginning with the
date the agreement is signed and terminating with the earlier of the completion of the
remediation or the filing of a notice of termination.
3. The City of Corpus Christi also grants the right to enter and exist over other lands as
needed in order to accomplish the work described.
4. All tools, equipment, etc, placed or taken onto the property by the Corps of Engineers
remains the property of the Corps of Engineers and may be removed by the Corps of
Engineers at any time, within reason, after expiration or termination of the right-of-entry.
5. Upon expiration or termination of the right-of-entry, the Corps of Engineers will perform
restorative work to replace the groundcover. pavement, etc. that was removed or damaged
in order to perform the work.
6. If any action of the Corps of Engineers or its agents in the exercise of the right-of-entry
causes damage to the real property, the Corps of Engineers will, in its sole discretion, either
repair such damage or make an appropriate settlement with the owner.
_ f'
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AGENDA MEMORANDUM
February 8, 2002
SUBJECT:
Awarding of Fixed Asset Valuation Contract
AGENDA ITEM:
Motion authorizing the City Manager or his designee to execute a contract with American Appraisal
Associates, Inc. for the General Fund Capital Asset Inventory Valuation in the amount of $33,000;
for the Proprietary Fund Capital Asset Inventory and Valuation in the amount of $48,825; and for
the purchase of a procedures manual in the amount of $1 ,200; totaling $83,025.
ISSUE:
As a result of the implementation of GASH No. 34, an important feature of one of the new required
statements (the government-wide fmancial statements) is the requirement for governments to report
all capital assets, including infrastructure, in the government-wide Statement of Net Assets and report
depreciation expense in the Statement of Activities. Additionally, disclosure must be made about
infrastructure assets in the required supplementary information (RSI). In order to comply with this
requirement, the City of Corpus Christi issued a Request for Proposal in June 2001 for a Fixed Asset
Appraisal.
PRIOR COUNCIL ACTION:
GASH Presentation on February 13, 200l.
Approval ofa Senior Accountant III in the FY 2001-2002 budget.
REQUIRED COUNCIL ACTION:
Council approval is needed to authorize the contract for the Fixed Asset Appraisal.
RECOMMENDATION:
Staff recommends the approval of the contract with American Appraisal Associates, Inc. in the
amount of $83,025 for the General Fund Capital Asset Inventory and Valuation ($33,000), the
Proprietary Fund Capital Asset Inventory and Valuation ($48,825); and the purchase of a procedures
manual ($1,200).
JO'8"C~
Assistant City Managers
Attachment:
Attachment A - Background Infonnation
--,--- '---,--
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Attachment A
BACKGROUND INFORMATION
In June 1999, the Governmental Accounting Standards Board (GASB) established a new framework
for a reporting model for state and local government financial reports. Governmental Accounting
Standards Board (GASB) Statement No. 34, Basic Financial Statements - and Management's
Discussion and Analysis - for State and Local Governments establishes new requirements for the
annual financial reports of state and local governments. The statement was developed to make annual
reports easier to understand and more useful to the people who use governmental financial
information to make decisions.
An important feature of one of the new required statements (the government-wide financial
statements) is the requirement for governments to report all capital assets, including infrastructure,
in the government-wide Statement of Net Assets and report depreciation expense in the Statement
of Activities. Additionally, disclosure must be made about infrastructure assets in the required
supplementary information (RSI).
In order to comply with this requirement, the City of Corpus Christi issued a Request for Proposal
in June 2001 for a Fixed Asset Appraisal. We received 3 responses and are recommending that
A.merican Appraisal Associates, Inc. be awarded the contract in the amount of$83,025. Once this
appraisal is completed, then the City will be in a position to begin to report its capital assets in a
manner consistent with GASB No. 34. Additionally, the City of Corpus Christi has hired a Senior
Accountant ill whose main responsibility will be the maintenance and upkeep of the fixed assets once
the valuation is complete.
11
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AGENDA MEMORANDUM
Date: January 29, 2002
Subiect:
Excess Liability - Gas Utility
A!!enda Item: Motion authorizing the City Manager or his designee to enter into a
contract with Texas Municipal League Intergovernmental Risk Pool, in the amount of
$71,547.00 annual premium ($69,40059 = 3% discount for Annual Premium versus
Quarterly) for Excess Liability - Gas Utility. The term of the contract will be for one
year.
Issue: The City is self insured for liability claims and requires excess insurance for Gas
Utility losses paid by the City. Excess liability coverage is utilized for claims that exceed
$250,000. Coverage is to include site visits by loss prevention representatives and loss
prevention seminars that are available to the City at no additional cost.
Historically, the City has not experienced excess losses, with the exception of a
catastrophic event which occurred in 1992, that exceeded $250,000. However, since
1992, there have been no further claims of that magnitude. The City distributed Requests
For Proposals to 17 insurance vendors. Only one bid response was received by the City.
Please see the attached background information for conclusions and recommendations.
Fundin!!: Funding for the annual premium is available from the General Fund.
Recommendation: Staff recommends approval of the motion as presented.
~~
Risk Manager
Additional Support Material
Background Information
7.
.
-
Agenda Memorandum
Additional Background Information
Subject: Excess Liability Insurance Coverage - Gas Utility
The City of Corpus Christi distributed seventeen (17) Requests For Proposals to a variety
of insurance vendors. Upon the deadline for submission, only one bid response was
received. The bid was evaluated by a specified committee with a recommendation to
award the contract. The proposal provides for $10 million coverage limit, which is a
decrease of $5 million from last year.
Conclusion: Since the September 11th tragedy, there have been two RFP processes
which yielded only one response. The first was the RFP for Property Coverage and the
second being the Excess Liability Insurance Coverage - Gas Utility. A number of
vendors were queried in an attempt to gain valuable feedback that might assist the City in
the future to obtain multiple bid responses. The most common issues identified were; 1)
vendors were unable to obtain reinsurance, and 2) vendors were unable to obtain the
reinsurance before the RFP time requirement of 30 days.
Recommendation: In order to address the unexpected impact the "tragedy" has had on
the insurance market, Risk Management will take the following corrective actions:
]) Modify futur~ RFP requirements from a 30 day time frame to at ieast a 45 day
time frame
2) Continue to communicate with vendors regarding any obstacles they may be
expenencmg.
3) If there is poor or no response from vendors 15 days prior to the deadline, initiate
contact to determine reason(s).
4) Include more vendors on the bid mailing list.
..
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02/08/02 14: 08 FAX 512 491 2404
TML-IRP U~DERWRITI~G
-----
I4i 004
T~L
INTIIlGOVQNMENl'AL aJSl( POOl.
February 8, 2002
City of Corpus Christi
120 I Leopard Street
Corpus Christi, TX 78401-2825
RE: Proposal for Coverage - Excess Liability - Gas Ctility
Request for Proposal- 81- 0027-02
The Texas Municipal League Intergovernmental Risk Pool (the Pool) IS pleased to
provide a proposal for coverage.
There are a few points to which I would like to draw your attention:
The Pool has provided a proposal for a limit of liability of $10,000,000 each
occurrence for Bodily Injury and Property Damage.
The Pool proposal is based on a reimbursable deductible program that will include
claim services.
Loss prevention services are included in the contributions shown. Services
include site visits by loss prevention representatives, as well as attendance at any
loss prevention seminars at no cost. The Pool provides the expertise of a
nationally known consultant at no charge. Specialized service is provided for
members with gas utilities that obtain their General Liability through the Risk
Pool at no additional cost to the City_
If full payment is made within 30 days ofreceipt of the first bill, the contribution
will be reduced 3%. If quarterly payments are preferred, there is no interest
charge or payment fee.
Prior Acts Coverage is provided for 5 years at no additional cost and applies to all
Covered Parties. This provides coverage for an incident that occurred during the
prior acts period, provided that the Member had no knowledge of the incident or
had no reason to believe the incident might result in a claim. It will also cover an
incident reported to a prior carrier which is denied on the basis that such report
failed to meet the carrier's "claims made" provisions.
1.1'1 "
09/05/00
TExAs MUNICIPAL LEAGUE INTERGOVERNMENTAL RISK POOL
1821 Rutherford Lane, FusI Floor . Austin, Thxas 78754 . (512) 491-2300 . (800) 537-6655 T.-s Only
P.O. Bo" 149194 . Austin, Te".. 78714-9194
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l~L-IK~ L~U~K\\Klll~6
lf1I 005
If the decision is made to obtain coverage through the TML-IRP your current
carrier should be notified of any outstanding claims that have not been previously
reported, or incidents that might give rise to a claim, prior to the expiration of the
current policy.
The continued confidence and participation of the City of Corpus Christi in the Texas
Municipal League Intergovernmental Risk Pool is appreciated. Please call me at (800)
537-6655, ext. 427 if you have any questiol1s.
Sincerely,
0.
(Mrs.) Stephanie DeAnn Harvey, CPCU, CIC
Sernor Underwriter - Extension. - 427
Copy to:
Georgina Ybarra. Field Services Representative
LPlll
09/0;/00
T~L
IN'IDGOVERNW!NTAL aI5K 1'00
'-~-------,r----
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02108/02
14:07 FAX 512 491 2404
TML-1RP UNDERWRITING
I4i 002
Either pony to this agreement may at any tim.. terminate it upon sixty (60) days written notice for any reason as to either all pending and future
claims, or alremative1y, only as to furore claim<. In the event cancella1ion is with respect to both pending ami fuluIe claims. the Fund will nn
longer be obligaled to perform the service! outlined in Ibis Agn:ement and sball promptly and in an orderly manner forward to the ASO Pool
Member or its designee all pen.ding claim files. In the..vent termination is only as to future claims. this Agteement $hall continue in full force
and effect willuespect to all pending claiIIls and c!aims occurring but not reponed. priorto cancellalion until cuneluded. In eitberevent, the ASO
Pool Member $hall be entitled. if it so requests and at its own ~nse, to have !be closed claim filed relrieved from storage and delivered to
it. In the event the ASO Pool Member does not request closed fi1es in the notice of cancellation. however, they will be retained or destroyed
at the Fund's option and the ASO Pool Member sbaIl have no recourse against the Fund for failure to retain them.
em OF /XlRPUS amISTI - EXCESS LIABILITY - GAS UTILITY
TO BE COMPLETED BY MEMBER.:
EMPLOYER MEMBERS' FUND CONTACf (See Section 10):
Member Name
Name ofConlact
TitI..
Mailing Address
Street Addres. (if different from above)
City
Zip
Phone
SIGNATURE OF AUTIIORIZED MEMBER OFFlCJAL
Date
Title
Member's FedeIaI Tax l.D. Number
This Intormation is MANDATORY
TO BE COMPLETED BY FUND: (OFFICE USE ONLY)
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112:08/02 1-1:08 FAX 512 -191 2-l0-1
_ T_lIL- 18!' C-;DEJ^,'RITI:-;G
I4J 003
PROPOSAL ACCEPTANCE FORM
LIABILITY
DirectioIl5: This form and the Interlocal Agreement must be completed, signed and rerorned. !ftime is of the essence, you may
wish to use an express mail service or a facsimile copier_In the event you submit these documents by facsimile, the originals
must still be sent by regular mail. ~eption: Rural Fire Prevention Districts and Emergency Service District. mu.t pro"ide
other documents before eovenge is effective.) Plea.se indicate with [ X ] the coverages and method of payment that you are
accepting.
RETURN TO:
Texas Municipal League Intergovernmental Risk Pool
Underwriting Department
P.O. Box 149194
Austin, TI!."(as 78714-9194
Phone: 512491-2300 or 1-800-537-6655
FAX: 512-491-2404
COVERAGE LIMITS DEDTJCTIBLE CONTRIBUTION EFFECTIVE ANNIVERSARY
DATE DATE
[xl General Liabiliry S 10.000.000 S 250.000 S 71.547.00 ,-1-11' '_1_()1
Excess Liability~s Utility
[ 1 Automobile Liabiliry $ $ ~-_._-- $
[ ] Automobile Physical Damage $___ $--- $.
[ J Automobile Catastrophe
$
$
$
[ ] Law Enforcement Liability
$--
$
$
[ ] Enors & Omissions Liability $___.__ $ $
[ ] "Prior Acts Coverage (LEL) __~l!)s_a" L.ELS.&y:~rage _ ___lncJlIded._
(Syears)
[ ] ..Prior Ac[S Coverage (E&O) S"me as E&O Coverd~._ Incl@~
(5yetll's)
[ ]
$
s____ $
Method of Payment: [1 Quarl~rly
I Annually (3% DISCOUNT)
I, !he undersigned, as an authorized represenwti lie of City of Corpus Christi
(Name of Po/irical SubdiVIsion)
do hereby accept on behalf of the above n:uned pchtical subdivision !he portions of the proposal as indicated above.
Sign=e of Authorized Official:
Title;
Date:
x
x
r
The Signed Interlocal
Agreement MU$t Accompany
This Form
OFFICK USE ONLY
CiJl\tribu~l()n: Ellrity
ID
Verilil:d by:
='I lit ) New ( ) R4Hlwardinl! ( ) Addin~ COVI!r:J.~c
..
This form must be accompanied by the Warrant of Incident Report if prior actS is elected.
TEXAS MUNICIPAL LEAGUE INTERGOVERNMENTAL RISK POOL
L2J~
01l2l10:::'
. .._-.............-
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7
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AGENDA MEMORANDUM
Date: January 29, 2002
Subiect:
Excess Liability Workers' Compensation Insurance
Al!:enda Item: Motion authorizing the City Manager or his designee to enter into a
contract with McGriff, Seibels & Williams of Texas, Inc., in the amount of$120,000
annual premium for Excess Liability Workers' Compensation Insurance Coverage plus
an additional $7,500 annual fee for Risk Assessment and an Annual Claims Audit. The
term of the contract will be for one year with an option to renew for up to three additional
l2-month periods subject to the approval of the insurer and the City Manager or his
designee. In the event a renewal occurs, the above rate has been guaranteed for 4 years.
Issue: The City is self- insured and requires excess insurance for a self-insurer of
Workers' Compensation and Employers' Liability for losses paid by the City. Services
provided with this contract include the completion of a Risk Assessment, which will help
determine future losses, as well as, an Annual Claims Audit, which will be conducted in
coordination with the Third Party Administrator.
This Request For Proposal was distributed to several vendors, which yielded three
responses. Once the bids were received before the deadline, the bids were reviewed and
evaluated by a specified committee. This committee was responsible for comparing the
bids to the original requirements as specified in the Request For Proposal. The
committee scored each bid using categories outlined in the attached Evaluation Matrix.
Fundinl!:: Funding for the annual premium is available from the Liabilities and
Employee Benefits Fund.
Recommendation: Staff recommends approval of the motion as presented.
~IA, ().,,/YN/)/
Donna James ~
Risk Manager
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To: Donna James:
Please see below the renewal information for the Excess Workers' Compensation for the City of
Corpus Christi.
The North River Insurance Company
A.M. Best Rating A- XI
Self-Insured
Covera es Limits of Liabilit Retention Premium
Auto Liability $1,000,000 Each $350,000 Each S120,000.00 Flat
Occurrence Occurrence Lump Sum Annual
~ $2,000,000 Premium
A e ate
I
I Workers' Statutory $350,000 Each ! Included Above
._ Compensation Occurrence I
-t---
'1
I
Employer's $1,000,000 $350,000 I Included Above I
I
Liabili
1. Only one SIR applies in the event more than one coverage is involved in a single
occurrence (ie: Auto/WC)
2. Premium shown is flat - not subject to audit.
3. AnDual Renewal Option with a Four Year Rate Guarantee
4. Annual Risk Assessment and Claims Audit Service Fee. 57,500.00
(this is in addition to the 5120,000 above)
5. Premium and fee due within 30 days of inception.
Other Terms:
Signed UninsuredlUnderinsured Motorists Rejection Form required.
In witness whereof, the Parties hereby execute this agreement to be effective 03/01/02 until
03/01103 with renewal options and a four year rate guarantee as set forth above.
City of Corpus Christi
of
By:
Name:
U Title:
11
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1
Gl:91 GOOG ~1 qa~
lOUG~G6917:xe~
Sl:illl:iG IllSW
Additional Background Information
Evaluation Matrix
Proposals Received for Excess Liability Workers' Compensation
Insurance Coverage
TML
Risk Pool
Brooke Ins.
Agency
McGriff, Seibels
& Williams
of Texas, Inc
TOTAL POINTS FOR EACH CATEGORY PER COMPANY
% Total Points Evaluation Cateaorv
40% 40 PTS Cost of Coveraae 21 10 40
30% 30 PTS Deductible (SIR) 25 25 25
20% 20 PTS Exoerience with 8 15 12
Comparable Clients
10% 1 0 PTS Proposer Reference 10 10 10
Check
100% 100 PTS 64 60 87
Each bid proposal was evaluated on four categories; Cost, Deductible, Experience with
Comparable Clients and Reference checks. After discussing each bid and the categories
required, the committee assigned points based on the extent that each bid matched the
categories. The maximum total number of points was 100. The assigned points were then
totaled, which is reflected in the matrix above.
II
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8
11 1
AGENDA MEMORANDUM
February 15, 2002
AGENDA ITEM:
Ordinance appropriating $74,611.89 in interest earnings in Fund 3170, Computer System
1998 Capital Improvement Program (CIP) Fund [Certificates of Obligation (CO)] for
PeopleSoft-Financials computer training.
ISSUE:
In March 1998, the City of Corpus Christi received $9,825,000 from the proceeds of the
sale of combination tax and revenue certificates of obligation, series 1998 to purchase
computer equipment and Year 2000 compliant software. Since that time, the Year 2000
projects have been completed and the unappropriated interest remaining is available for
appropriation for computer related projects. As of February 13, 2002, $74,611.89 in
interest is available for appropriation.
REQUIRED COUNCIL ACTION:
Approval of ordinance appropriating $74,611.89 in interest earnings in Fund 3170,
Computer System 1998 CIP Fund (CO) for PeopleSoft-Financials computer training.
PRIOR COUNCIL ACTION:
March 10, 1998 City Council approved Ordinance No. 023174, appropriating
$9,825,000 from the proceeds of the sale of Combination Tax and
Revenue Certificates of Obligation, Series 1998 in the No. 510 (now
No. 3170) Computer Systems Capital Improvement Fund to purchase
computer equipment and Year 2000 compliant software; amending
the FY 97-98 Capital Improvement Budget, adopted by Ordinance No.
023174, by adding $9,825,000 to the No. 510 (now No. 3170)
Computer Systems Capital Improvement Fund.
June 22,1999
City Council approved Ordinance No. 023681, appropriating
$291,605 of interest earnings in the computer systems 1998 Fund No.
3170 to partially fund Amendment No. 1 to the Arthur Anderson
contract.
RECOMMENDATION:
Staff ,,,,,,,,,me"d' .","",., of .pp"'p'.lioo by o"'~-!--
Jorge . ruz-Aedo
Assistant City Manager
Attachment:
Attachment A - Background Information
Attachment B - Tentative PeopleSoft Training Schedule
11
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"'~ . ._..._-'---..,...._--~-_.._._. ."'._--_._.._"..-_.~-+--
Attachment A
BACKGROUND INFORMATION
Since the implementation of PeopleSoft-Financials in 1999, there has been a turn-over in
staff in the Accounting Division of Financial Services, due to retirements, promotions, and
staff leaving employment with the City of Corpus Christi. The individuals who were initially
trained in PeopleSoft are either no longer working for the City of Christi or are no longer
working for Financial Services. Therefore, the need for training in PeopleSoft-Financials
is imperative. Once the key staff members are trained, they can, in turn, train the
remainder of the staff. In fact, Financial Services has already begun various training
sessions on PeopleSoft-Financials.
A proposed training budget is included as Attachment B. The training budget shows
$80,820.00 needed for computer training through July 31, 2002. Since $74,611.89 in
interest from the combination tax and revenue certificates of obligation, series 1998, is
available for appropriation and since this money must be spent on computer related
projects, staff is recommending that it be appropriated for PeopleSoft-Financials training.
Although $80,820.00 is needed and $74,611.89 is available, the $6,208.11 difference will
have to be made up throu9h the training budget of the various organizations in Financial
Services or the number of attendees will have to be reduced. It is crucial that the existing
staff in Financial Services be trained in order to properly utilize PeopleSoft - Financials to
its fullest.
-
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Attachment B
PROPOSED PEOPLES OFT TRAINING
FISCAL YEAR 2001-2002
Class .!.!..n.iD. Dan Attendees Total Days Per Unit Imal
~ Class
Introduction to PS Financials 1 1 2 2.00 $375 $750.00
Intro to PS HRlHRlBenefits Ace 5 4 3 12.00 $585 $7,020.00
Inventory I 4 4 4 16.00 $900 $14,400.00
nVision for General Ledger 5 5 4 20.00 $900 $18,000.00
Payroll 1/11 Accelerated 7 5 3 15.00 $750 $11,250.00
PeopleTools 1/11 Accelerated 8 5 2 10.00 $800 $8,000.00
Projects/Projects Integration 6 5 2 10.00 $900 $9,000.00
QUery/Crystal Combo 2 2 4 8.00 $900 $7,200.00
Query/Crystal for HRMS 2 2 1 2.00 $650 $1,300.00
Security 3 3 2 6.00 $650 $3,900.00
$80,820.00
.-----n---------y- ---.-.---..
.._.-t".~,-_....,-
,...----r-- ---
AN ORDINANCE
APPROPRIATING $74,611.89 IN INTEREST EARNINGS IN FUND 3170,
COMPUTER SYSTEM 1998 CAPITAL IMPROVEMENT PROGRAM (CIP)
FUND ICERTIFICATES OF OBLIGATION (COli FOR PEOPLESOFT-
FINANClALS COMP{ITER TRAI\'ING: AND DECLARING AN
EMERGENCY.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CORPUS CHRISTI:
SECTION I. That $74.611.89 in interest earnings in Fund 3170. Computer System 1998
Capital Improvement Program (CIP) Fund [Certificates of Obligation (CO)] for PeopleSoft-
Financials computer training.
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 ____ ,2002.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Samuel L. Neal, Jr.
Mayor
Legal Form approved ~~ 'i. 2002:
James R. Bray. Jr.
City Attorney
BY:~'~
Lisa Aguilar -0--
Assistant City Attorney
H:\LEG-DIR IUSA IURD310RDJ.4 74
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9
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CITY COUNCIL
AGENDA MEMORANDUM
DATE: February 8,2002
SUBJECT: One-Way School Zone Traffic Pattern
at George Evans Elementary 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 traffic pattern on the following street sections during the
school hours of George Evans Elementary School:
1. Northbound one-way pattern on No. Alameda Street between Caldwell Street
and Comanche Street, and
2. Southbound one-way pattern on Sam Rankin Street between Comanche
Street and Caldwell Street.
ISSUE: The administration of George Evans Elementary School have requested the
City to implement a "paired" one-way traffic pattern on No. Alameda and Sam Rankin
Streets abutting the 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.
r
~ .fl./~2.
el R. Escobar, P.E.
Director of Engineering Services
ADDITIONAL SUPPORT MATERIAL:
1. Background Information
2. Exhibit 1 - Site Map
AgMemEvansElem 1-Wy .202
(One-Wav School Zone Traffic Pattern at Georae Evans Elementary School)
Page 1 of 3)
..
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AGENDA MEMORANDUM
Additional Background Information
BACKGROUND:
The administration of George Evans Elementary School has requested the City to study
the feasibility of converting each of No. Alameda and Sam Rankin Streets to a "paired"
one-way traffic pattern between the one-block section of Comanche and Caldwell
Streets during morning and afternoon school hours. Excessive congestion, conflicts
with two-way traffic movements, and increasing hazards to students having to cross
these streets are the school's reasons for requesting the one-way traffic patterns.
Staff's analysis of the traffic conditions at this school have included interviews with
school officials and parents of students, detailed traffic counts, examination of related
traffic accident experience and discussions with abutting residents.
One-Way Street Criteria. Traffic Engineering 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) little or no impact of redirected
traffic on abutting neighborhood 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 Marie Street will satisfy these requisite
conditions.
Traffic Demand. No. Alameda and Caldwell Streets are both residential collector-
width streets which have a circulating traffic demand during school hours. Traffic
volume on Alameda averages 900 vehicles per day. Traffic volume on Sam Rankin
averages 500 vehicles per day. The heaviest direction of travel demand occurs in the
direction of the one-way proposals for each street.
Impact on NeiQhborhood Streets. The probable traffic impact of the proposed one-
way traffic pattern on neighboring streets considers the volume of traffic presently
occurs in the opposing direction of the proposed one-way patterns. Because the
heaviest direction of travel on each street occurs in the direction of the one-way
proposals, detouring of traffic from the opposing directions would be minimal.
The volume total of detoured traffic from No. Alameda Street would during the two one-
hour periods of the one-way pattern would be 69 vehicle in the morning and 41 vehicles
in the afternoon; for Sam Rankin Street the detoured traffic would be 45 vehicles in the
morning and 15 vehicles in the afternoon.
(One-Wav School Zone Traffic Pattern at Georae Evans Elementary School)
Page 2 of 3)
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.._~._-'-_.
Impact on Access to Development. Along the one side of No. Alameda Street
opposite George Evans School, there is only one property (residential home) whose
access would be affected. The owner and resident of this property is supportive of the
one-way proposal. Along the one side of Sam Rankin Street opposite George Evans
School, there are no properties with driveway access on Sam Rankin. The only two
developed properties are also residential homes and both owners are supportive of the
one-way proposal.
Prior Council Action: Since 1966, prior City Councils have approved one-way school
zone traffic patterns on 42 street sections at 34 elementary and middle school zones in
Corpus Christi.
Review bv Transportation Advisory Committee: The Transportation Advisory
Committee has reviewed the Staff recommendation and unanimously voted to
recommend approval to the City Council.
* * * * * * *
(One-Wav School Zone Traffic Pattern at Georoe Evans Elementarv School)
Page 3 of 3)
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PROPOSED ONE-WAY
7:15 AM- 8:15 AM
2:45 PM- 3:45 PM
(SCHOOLDAYS)
1\
.. PROPOSED DIRECTION
OF ONE-WAY TRAFFIC
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EXHIBIT 11111
SUBJECT: PROPOSED ONE-WAY SCHOOL ZONE FOR
GEORGE EVANS ELEMENTARY SCHOOL
SITE MAP
Traffic Engineering Dlv.
EngIneering Services Dept.
---.,.-"" .
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AN ORDINANCE
AMENDING THE CODE OF ORDINANCES CHAPTER 53-
TRAFFIC, SECTION 53-250, SCHEDULE I, ONE WAY STREETS
AND ALLEYS, SECTION (A-I) SCHOOL AREAS, BY
ESTABLISHIN(; \ O'\E-\\A\ TRAFFIC PATTERN ON THE
FOLLOWING STREET SECTIONS DURING THE SCHOOL
HOURS OF GEORGE EV ANS ELEMENTARY:
1. Northbound one-way pattern on North Alameda Street between
Caldwell Street and Comanche Street, and
2. Southbound one-way pattern on Sam Rankin Street between
Comanche Street and Caldwell Street.
PROVIDING FOR PENAL TIES; PROVIDING FOR SEVERANCE;
PROVIDING FOR PUBLICATION; AND DECLARING AN
EMERGENCY.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF CORPUS CHRISTI:
SECTION I. That the Code of Ordinances, City of Corpus Christi is amended by
amending Chapter 53- Traffic, Section 53-250, Schedule I, One way streets and alleys,
Section (a-I) School areas, by establishing a one way traffic pattern on the following
street sections during the school hours of George Evans Elementary:
1. Northbound one-way pattern on North Alameda Street between Caldwell
Street and Comanche Street. and
2. Southbound one-way pattern on Sam Rankin Street between Comanche Street
and Caldwell Street.
CHAPTER 53 TRAFFIC
* * * * *
ARTICLE VIII. SCHEDULES
* * * * *
Sec. 53-250. Schedule I, One way streets and alleys.
(a-/) Sc!Zooi arcas.
Street or
Portion o{Street
Direction
of Traffic
ih 1500.00 I
'---n- ....-r ..
ill i
"'1---
~
Norlh ../lameda Street. from Caldwell Street to Comanche Street. . . . . . . North
Sam Rankin Street. Irom Comanche Street to Caldwell Street. ........... ..South
* * * * *
SECTIO:\' 2. If lor 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 one time in the official publication of the City
of Corpus Christi as required by the City Charter of the City of Corpus Christi.
SECTIO:\' 4. Penalties are as provided in Sec. 53-55 Code of Ordinances.
SECTION 5. That upon written request of the Mayor or five council members, copy
attached. to find and declare an emergency due to the need for immediate action
necessary for the efficient and effective administration of City affairs, such finding of an
emergency is made and declared requiring suspension of the Charter rule as to
consideration and voting upon ordinances at two regular meetings so that this ordinance
is passed and shall take effect upon first reading as an emergency measure this the 19th
day of February, 2002.
ATTEST:
CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Samuel L. Neal. Jr.
Mayor
Approved as to legal form this the ~ day of
M:"va,,=--. 2002.
, ..r
James R. Bray, Jr.. City Attorney
By:
~~L~
Joseph hey. Assista City Attorney
jh 1500.00 I
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AGENDA MEMORANDUM
DATE: February 19, 2002
AGENDA ITEM:
Ordinance approving $2,890.00 from ONAC Developers, Inc. as developer's contribution
for in lieu of half street construction of portion of Brockhampton Street (with supporting
public utility infrastructure), as required by development of Bordeaux Place Unit 1
Subdivision: and establishing a separate subaccount for said half street in the City interest-
bearing account in the Infrastructure Trust Fund for deposit of developer's contribution; and
restricting said monies for completion of "improvements" at time of platting and
development of properties directly adjacent to and abutting the secured "improvement"
opposite Bordeaux Place Unit 1 Subdivision; and declaring an emergency.
ISSUE: The interest of the public is best served by delaying the street construction (portion
of street) of Brockhampton Street with supporting infrastructure improvements that is part
of the platting requirements of Bordeaux Subdivision, Unit 1.
REQUIRED COUNCIL ACTION: Council must approve the amount of money paid as cash
in lieu of street construction.
RECOMMENDATION: Staff recommends approval of the ordinance as presented.
~/~ 02/}<f/o'2-
ft?fl- 'Angel R. Escobar, P. E.,
Director of Engineering Services
Additional Support Material:
Exhibit "A" Background Information
Exhibit "B" Site Plan
Exhibit "C" Supporting Cost Estimate
\\ENGINEF.RING\DATA1\HOME\L YNDA8\GENIStreels\Brockhamoton\Memoraooum doc
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AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMATION
Bordeaux Place Unit 1 Subdivision is a 12.22 acre tract that is being platted out of 35 acres of
Lots 12 and 13, Section 20 of the Flour Bluff & Encinal Farm & Garden Tracts for the purpose
of developing a residential subdivision. The Staff recommendations for the platting of this
property required the dedication of about 162 square yards of right-of-way and construction of
a portion of Brockhampton Street, approximately 69 square yards of pavement with curb and
gutter and sidewalk improvements. See Exhibit B, Site Plan. Brockhampton Street is a Type
C1 Neighborhood Collector Street (60-foot right of way with 40' B-B). The Planning
Commission approved the plat with the knowledge that Staff was considering deferral of street
construction until the remainder of the right-of-way is dedicated by platting of the the adjoining
property.
Staff has determined that the best interests of the public will be served if infrastructure
construction is delayed until such time that the full right-of-way width of the sections of
Brockhampton Street can be constructed. The Developer is willing to make payment on a cash
in lieu of construction for his share of the infrastructure constnJction required in the street right-
of-way. This delayed arrangement can be entered into because the platted property will have
water service, sanitary sewer service and access to existing street infrastructure as required
by the Platting Ordinance. The Director of Engineering Services has determined that City
participation by payment into the Infrastructure Trust Fund by the City is not required. See
Platting Ordinance, Section IV.A.12.c.
Exhibit B (Site Plan) and Exhibit C (Supporting Cost Estimates) provide technical data and
costs, respectively, for the portion of street for which the Developer is providing cash in lieu of
construction. The Developer's contribution has been established as $2,890.00.
This Ordinance will relieve ONAC Developers, inc. from any future obligation to construct any
of the aforementioned public improvements as it relates to Bordeaux Place Unit 1 Subdivision.
EXHIBIT A
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LOCATION MAP
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FtIffIR.E D8Y8L0PJIBN'F I I 0 I
EJOJlD8AlIX PLACE ':- 7." U.E:. : d!-- 51,0'
ONAC D8VIlLOPERS. JNC fg 8 ZI.03.'~ ,
~."".. j~ ) 'U C19..
.-r. ",., It ...." 110 I :<IIt, ~
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_41111(J1J4I-4!I 'I' is 64'Z8'05' (! ~ L----f-- L4..BIANCA DRIVE_____________
: 9 \ --!
[_'l'5'YP_I.- r17s , ,.,
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is J '..' ;.~< ..,~:'O!~~~1t-'.'~.:.L------~~2.0~ ~:'___~____ _______~-----------------------
lilp~A'_ . /':i:,<i" "~J' 10',;,,,--.:-.-,, ;"9'''8 8- S[-c 'ie 0.
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SITE ~
LEGEND
~ __ S1MrT D<FtllWDfT
MEDINA ENGINEERING
& SURVEYING
2434 S4CXY DRIVE CORPl/S CHRISTl- TCXAS 78415
BUS. (J61) 814-4700 FAX (J61) 814-4757
-,
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FUTURE DEVELOPlIENT
BORDEAUX PLACE
ONAC DEVELOPERS. JNC
---
J:III:IIIa,....___
--
SICI'IDIf_ un:r1<<'A..14
ftI&IM'... I't1(8) 41-48
-r-J~---l---~~----r---~-~---r----OLQ:---l----b2~---
! i ~~ 2 .~ 3 l~ 4 l~ 5,. U.E
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rs-it~------ ----------- ----------- -----------i-------~---
I 60.00 I 67.00 67.00' , 67,00 67.00
FLOUR BLUFF ANJ) ENCINAL
FARII d: GARDEN TRACTS
SEC110N 20. LOTS 12. 13. d: 14
VOLUJIE A, PG(S) 41-43
AUClA L. E1ERJIANN BR.4NTL1ff
E1' AL CO TRS ElERJIANN FAlllLY TRCIST
BORDEAUX PLACE UNIT 1
BROCKHAMPTON STREET DEFERRED CONSTRUCTION
EXHIBIT "B"
Pff(JJECT NAME.- BORDEAUX PLACE UNIT
SCALE.- NOT TO SCALE
0f/A1tW BY' SA T
CHECI(EJ) BY' SAT
APPRr:MO BY' VSM
GlTE 2-04-02
SHfU 1 ff 1
'I
Special Services Engineering
L. Farias, P.E.
January 31, 2002
STREET DEFERMENT COST ESTIMATE*
FOR PORTION OF BROCKHAMPTON STREET ABUTTING
BORDEAUX PLACE UNIT 1 SUBDIVISION
Brockhampton Street Cross-Section Data: Type CI Neighborhood Collector, 60' ROW, 40' B-B
PAVING IMPROVEMENTS
UNIT TOTAL
ITEM NO DESCRIPTIill/ QIY. illlII PRICR CQSI
Roadway Excavation 81 S.Y. $ 2.50 $ 202.50
2 2" HMAC including Plime 69 S.Y. 6.30 $ 434.70
Coat
3 8" Cement Stabilized Caliche 69 S.Y. 7.15 $ 493.35
Base
4 10" Lime Stabilized 81 S.Y. 4.00 $ 324.00
Subgracte
5 6" "L" Curb and Gutter 55 L.F. 8.00 $ 440.00
6 4' Concrete Sidewalk 294 S.F. 2.70 $ 793 80
SUBTOTAL $2,688.35
Engineering @ 7.5% $ 20165
TOTAL $2,890.00
EXHIBIT C
,.
.
Page 1 of 3
ORDINANCE
APPROVING $2,890.00 FROM ONAC DEVELOPERS, INC. AS
DEVELOPER'S CONTRIBUTION FOR IN LIEU OF HALF STREET
.
CONSTRUCTION OF PORTION OF BROCKHAMPTON STREET (WITH
SUPPORTING PUBLIC UTILITY INFRASTRUCTURE), AS REQUIRED BY
DEVELOPMENT OF BORDEAUX PLACE UNIT 1 SUBDIVISION; AND
ESTABLISHING A SEPARATE SUBACCOUNT FOR SAID HALF STREET
IN THE CITY INTEREST-BEARING ACCOUNT IN THE INFRASTRUCTURE
TRUST FUND FOR DEPOSIT OF DEVELOPER'S CONTRIBUTION; AND
RESTRICTING SAID MONIES FOR COMPLETION OF "IMPROVEMENTS"
AT TIME OF PLATTING AND DEVELOPMENT OF PROPERTIES
DIRECTLY ADJACENT TO AND ABUTTING THE SECURED
"IMPROVEMENT" OPPOSITE BORDEAUX PLACE UNIT 1 SUBDIVISION;
AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That $2,890.00 from Onac Developers, Inc is approved as the developer's
contribution for the in lieu of half street construction of the portion of Brockhampton
Street(with supporting public utility infrastructure),as required by the development of
Bordeaux Place Unit 1 Subdivision.
SECTION 2. That the City shall establish a separate subacccount in the interest-bearing
account in the Infrastructure Trust Fund for deposit of developer's contribution: and City
shall restrict said monies for the completion of "improvements" at the time of platting and
development of the properties directly adjacent to and abutting the secured "Improvement"
opposite Bordeaux Place Unit 1 Subdivision.
H:\LEG-DIR\DoyleDCurtis\MYOOCS\2002\P&ZORD02\Plalting .ord\DoyleC\Bordeaux. PlaceUn 1 . Brock.hampton. HalfSt. CashlnLieu. ONACDeve.lopers.wpd
.-----r-.-
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Page 2 of 3
SECTION 3. That upon written request of the Mayor or five Council members, copy
attached, the City Council (1) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration'of City affairs and
(2) suspends the Charter rule as to consideration and voting upon ordinances at two
regular meetings so that this ordinance is passed and shall take effect upon first reading
as an emergency measure this the 12th day of February, 2002.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa, City Secretary
-
Samuel L. Neal, Jr., Mayor
LEGAL FORM APPROVED 7 February 2002
James R. Bray, Jr.
City Attorney
S-~~
Senior Assistant City Attorney
By:
H:\LEG-DIR\OoyleDCurtis\MYDOCS\2002\P&ZORD02\Platting. ord\DoyleC\Bordeaux.PlaceUn 1 .8rock.hampton. Half St. CashlnLieu.ONACDeve.lopers. wpd
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CITY COUNCIL
AGENDA MEMORANDUM
Date: February 5_ 2002
AGENDA ITEM:
A. Ordinance appropriating $11,554.84 in interest earnings from the unreserved fund balance in the No.
1050-820800 Law Enforcement Block 2000 grant fund, appropriating $748.48 in interest eamings from
the unreserved fund balance in the No. 1050-82080 I Law Enforcement Block Grant 200 I grant fund.
and appropriating $4.791.42 from the unreserved fund balance in the No. 1050-820899 Law
Enforcement Block 1999 grant fund.
B. Motion approving the purchase of microwave and multiplex equipment from Dailey- Wells for the total
amount of$137,577.58. The award is based on Sole Source and will be used by the Police Department.
Funds are provided through the Local Law Enforcement Block Grant 2000 and 200 I.
ISSUE: Interest earnings for these grants need to be appropriated. The microwave system used for the 800
mhz radio system needs to be upgraded.
BACKGROUND INFORMATION:
A. The Law Enforcement Block Grants require the City to place the funds in an interest bearing trust fund
account. The Police Department is requesting to utilize the 200 I and 2000 funds to assist with the
microwave system upgrade. Expenditures related to the 1999 grant fund will be forthcoming.
B. The Police Department has received over $140,000 in grant funds from the Law Enforcement Block
Grant to purchase fiber optic cable and equipment to upgrade the radio microwave system. The majority
of the current system is over 10 years old and is subject to periodic interference as a result of increased
usage of mobile phones and other equipment operating within the same band width. The interference
causes a break in the communications link between the dispatch center and officers that can last
anywhere from a few seconds to minutes. Fiber optic cable will provide a new data link between the
Police Department and One Shoreline Tower and reduce the rent we currently pay for microwave dishes
by an estimated $1.400 per month.
The purchase is sole source through Dailey Wells as they are and have been the sole providers of
maintenance on the system since 1991 and any modifications or upgrades to the system must be made
through this company to ensure a live cutover to the new system with no interruptions.
FUNDING: Funds are available from the Local Law Enforcement Block Grants.
REQUIRED COUNCIL ACTION: Approval of purchase.
RECOMMENDATION: Staff recommends approval of purchase.
(,)c~
YAlvarez. Jr.
Chief of Poli
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DAILEY - WELLS
10 January 2002
City of Corpus Christi, Texas
c/o Corpus Christi Police Department
321 John Sartain
Corpus Christi, Texas 78407
Dear Sir or Madame,
Dailey & Wells Communications, Inc. is pleased to provide a quote to upgrade the
current microwave and multiplex equipment from analog FDM to fully digital PCM. Our
quote includes all parts, labor, and support for a live system cut-over.
Our lotal quote for the job is $ 137,577.58
This quote is detailed on the attached 3 pages and is valid for 30 days.
/
Sincerel
/
1/
Richard Wells
(210)893-6501
(210)893-6590fax
RichardralDWComm.com
CORPORATE HEADQUARTERS
3440 E. HOUSTON ST. SAN ANTONIO, TEXAS 78219
Los Angeles: 629 N. Main St., Orange, CA. 92868 +714.516.2900
Riverside CA: 1709 Rimpau Ave. Stop 103 Corona, CA. 92880 +909.808.8310
San Francisco: 4197 Lakeside Dr., Ste. 130 Richmond, CA. 94806 +510.758.1650
Corpus Christl: 1625 Sanderson St.. Corpus Christi, TX. +361.851.1005
Honolulu: 3170 Ualena-St., Honolulu, HI. 96819 +808.834.5886
GP:~GINAL
JAN I 0 2002
111
"
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Dailey Wells Communications
System Quote For SS Microwave, Multiplexers and RS232 Upgrade
Qty Part # Description List Total
1 MUXSYS Intraoiex MulflDfexers SVstems $ 89,867.58 $ 89,867.58
1 MWSYS Soread Soectrum Microwave Svstems $17,710.00 $ 17,710.00
1 SRV Installation and Test! Mux, Voter Synch, MW... $ 30,000.00 $ 30,000.00
SYS TOT $137,577.58
. The above quote if to supply and install Spread Spectrum MW, Intraplex Multiplexers and upgrade
applicable voters to RS232.
. This quote does not include any fiber multiplexers or associated installation services.
. The City will provide 4 T1 s circuits between the Communications Center and Shoreline Plaza.
. This system is being quoted without spares.
"'~:GINAl
JAN I 0 2DD2
-Tr-~._---"-"
..<-~'~...~---~,---
Dailey Wells Communications
Inlraplex T1 MUltiplexer All Parts
Qtv Part # Descriotion MFGR. List Total List DWC SELL
8 ACS-163 T1 Mux Basic Shelf $ 3,650.00 $ 29,200.00 $ 24,090.00
8 PS-50/60AC Redundant Power Module $ 800.00 $ 6,400.00 $ 6,10456
20 MA305 Module Adaoter VF29, VF5B $ 240.00 $ 4,800.00 $ 3,960.00
10 MA404 Module Adanter DS961, DA191 $ 140.00 $ 1,400.00 $ 1,339.80
34 VF5B Dual Channel 4-Wire Dual E&M $ 445.00 $ 15,13000 $ 19,137.58
6 DS9610 5 Port SVnc Data Module $ 950.00 $ 5,700.00 $ 5,437.74
4 DA191A 4 Port Asvnc Data Module $ 850.00 $ 3,400.00 $ 2,802.80
4 DS64NC Nx64 Data Module $ 1.020.00 $ 4,080.00 $ 3,141.60
4 MA427 10 Base-T Interface $ 427.00 $ 1,708.00 $ 1,694.00
2 VF15 FXO PBX Office Card $ 775.00 $ 1.550.00 $ 1,705.00
2 VF16 FXS PBX Station Card $ 715.00 $ 1,430.00 $ 1,573.00
2 MA303 FXO Adaoter Module $ 80.00 $ 160.00 $ 176.00
2 MA304 FXS W /Rim Gen Adanter Module $ 180.00 $ 360.00 $ 396.00
16 VF29 ADPCM 4 Port 4 Wire $ 1,095.00 $ 17,520.00 $ 13,926.00
2VF25 4 Port 4 Wire E&M "-,y.-.'.c -$ 468;00 $ 1.'936;00 $ 734.25
2 MA305 Module Adanter for VF25 .~ $ 240.00 $ 480.00 $ 396.00
13 188D5283P1 Synchronizer Boards $ 325.00 $ 4,225.00 $ 3,253.25
List $ 98,479.00 $ 89,867.58
IAdded Per Customer Request
I
Violet & PD
Qtv Part # Descriotian =3
4 ECS.163 T1 Mux BaSIC Shelf
4 PS-50AC Redundant Power Module
10 MA301 Module Adan!er VF29. VF5B
8 MA404 Module Adaoter DS961 , DA191
18 VF5B Dual Channel 4-Wire Dual E&M
6 DS9610 5 Port Svnc Data Module
2 DA191A 4 Port Asvnc Data Module --
4 DS64NC Nx64 Data Module --
4 MA427 10 Base- T loterface --
1 VF15 FXO PBX Office Card -
1 VF16 FXS PBX Station Card
1 MA303 FXO Adanter Module
1 MA304 FXS WIRing Gel' Adapter Module
8 VF29 ADPCM 4 Pnrt 4 Wire --
2 VF25 4 Port 4 Wire E&M
2 MA305 Module Adaoter for VF25
13 188D5283P1 ~chronizer Boards -----
Basic T-1 ShelfwfT-1 Interface BD
Adds "Hot Standby" Power Supply
To 25PR Champ Connector
To RJ45 Connector
Robstown Voice
SLP Voted Data
SM/Downlink RS-232
High Speed Data for A VL RNC
Etl1(~rnet Connector
RIC & Local Phone
RIC & Lor.al Phone
RIC & Local Phone
RIC & Local Phone
SLP Voted Voice
Customer Needs VF and E&M
Customer Needs VF and E&M
Allows SLP Voted to be true digital
Shoreline & PD
Part # Descriotion
4 ECS-163 T1 Mux Basic Shelf
4 PS-50AC Redundant Power Module
10 MA301 Module Adanter VF29. VF5B
2 MA404 Module Adanter DS961 , DA191
16 VF5B Dual Channel4.Wire Dual E&M
o 089610 5 Port 8vnc Data Module
2 DA191A 4 Port Asvnc Data Module
o DS64NC Nx64 Data Module I
o MA427 10 Base- T Interface ---
1 VF15 FXO PBX Office Gard
1 VF16 FXS PBX Station Card ----
1 MA303 FXO Adanter Module
1 MA304 FXS W/Rino Gen Adaoter Module
8 VF29 ADPCM 4 Port 4 Wire
Basic T-1 ShelfwfT-1 Interface BD
Adds "Hot Standby" Power Supply
To 25PR Champ Connector
To RJ45 Connector
SLP Rockwell Modem Data
SM/Downlink RS.232
RIC & Local Phone
RIC & Local Phone
RIC & Local Phone
RIG & Local Phone
SLP Voted Voice
'---'G' "'NA1
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JAN 1 0 2002
_._..~---..
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Dailey Wells Communications
CCPD
2.4 Ghz Microwave Shoreline - Violet
Qty Part # Description Cost Total Extended List
2 PA-21B72GF 2.4 Ghz Feed Horn Assemblv $ 1,000.00 $ 2,000.00 $ 2,200.00
2 WMX 31650 MICROWAVE SYSTEM 2.4 GHZ SS 2 T1 $ 6,900.00 $ 13,800.00 $ 15,180.00
2 MISC01 MISC. INSTALL HARDWARE $ 150.00 $ 300.00 $ 330.00
SYS TOT $ 16,100.00 $ 17,710.00
...., ""'G'NAL
~""1, ~ I '
JAN 1 0 2002
11
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'-_.._...._--'"~,._"_._._--
AN ORDINANCE
APPROPRIATING $11,554.84 IN INTEREST EARNINGS FROM THE
UNRESERVED FUND BALANCE IN THE NO. 1050-820800 LAW
ENFORCEMENT BLOCK GRANT FUND 2000; APPROPRIATING $748.48
IN INTEREST EARNINGS FROM THE UNRESERVED FUND BALANCE
IN THE NO. 1050-820S01 LAW ENFORCEMENT BLOCK GRANT FUND
2001, AND APPROPRIATING 54,791.42 IN INTEREST EARNINGS FROM
THE UNRESERVED FUND BALANCE IN THE NO. 1050-820899 LAW
ENFORCEMENT BLOCK GRANT FUND 1999 TO PURCHASE LAW
ENFORCEMENT EQUIPMENT FOR THE CORPUS CHRISTI POLICE
DEPARTMENT; AND DECLARING AN EMERGENCY.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CORPUS CHRISTI:
SECTION 1. That $11.554.84 is appropriated in interest earnings from the unreserved fund
balance in the NO.1 050-820800 Law Enforcement Block Grant Fund 2000. $748.48 is appropriated
in interest earnings from the unreserved fund balance in the No. 1050-820801 Law Enforcement
Block Grant Fund 2001. and $4,791.42 is appropriated in interest earnings from the unreserved fund
balance in the No. 1050-820899 Law Enforcement Block Grant Fund 1999, to purchase law
enforcement equipment for the Corpus Christi Police Department.
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 . 2002.
ATTEST:
THE CITY OF CORPUS CHRISTI
Arnl,mdo Chapa
City Secretary
Samuel L. Neal, Jr.
Mayor
Legal Form approved 9-~ 13 2002:
James R. Bray, Jr.
City Attorney
Bv: i!-.A./j--r- ~-t<,I
Lisa Aguilar
Assistant City Attorney
H:\LEG.D1RILlSAIORD3\ORDJ.4 7)
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CITY COUNCIL
AGENDA MEMORANDUM
Date: February 5, 2002
AGENDA ITEM: Motion approving the purchase of a computer system upgrade from SBC
DataComm in accordance with the State of Texas Cooperative Purchasing program for the total
amount of $101,353.44. The upgraded system is for the Police Department backbone computer
system for the Personal Computer network. Funds are provided through the COPS MORE grant.
ISSUE: Purchase of the equipment is necessary to move forward with implementation ofthe COPS
MORE grant to provide additional technology to personneL
BACKGROUND INFORMATION: The Police Department was awarded a COPS MORE grant in
October 2001 to fund the purchase of mobile computing units, personal computers, crime analysis
software and video imaging software. In order to prepare for this additional technology and
accompanying burden on the system, the existing computer backbone must be upgraded.
The purchase is sole source through the State of Texas Cooperative Purchasing program.
FUNDING: Funds are available from the COPS MORE grant.
REQUIRED COUNCIL ACTION: Approval of purchase.
RECOMMENDA TION: Staff recommends approval of purchase.
~'C~'~
P. Alvarez, Jr. .
Chief of Police
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SBC DATACOMM
CONFIRMATION OF PURCHASE ORDER
TERMS AND CONDITIONS OF SALE
CUSTOMER:
CUSTOMER PURCHASE ORDER NO.
1. Your order is accepted but acceptance is expressly conditioned upon acceptance by you of these terms and conditions (the "Sales Contract").
SBC DataComm ("Seller") is not bound by any terms in any document furnished or otherwise proposed by Buyer which attempt to impose any
conditions at variance with these terms. Sellers failure to object to provisions contained in any of Buyer's forms shall not be deemed a waiver of the
provisions of Seller's terms and conditions which shall constitute the entire, final and exclusive contract between the parties. The Sales Contract
shall be for the benefit of Seller and Buyer and not for the benefit of any other person, Prior courses of dealing and verbal agreements not reduced
to a writing signed by Seller, to the extent they modify, add to or detract from the Sales Contract, shall not be binding on Seller.
2. The Sales Contract may not be modified or rescinded except by a writing signed by Seller and Buyer. If all or part of the Sales Contract is
terminated by such modification or rescission, Buyer, in the absence of contrary written agreement between Seller and Buyer, shall pay termination
charges based upon cost determined by accepted accounting principles, plus a reasonable profit on the entire order. Cost shall include any amount
Seller must pay to its suppliers due to any tennination by Seller of a purchase order for products or services intended for Buyer.
3. Buyer shall pay the purchase price for the products (a) within thirty (30) days from the date of delivery of the products to a carrier, and (b) for the
services within thirty (30) days from the date the services are rendered. Cash discounts do not apply. The purchase price for the products is F.O.S.
first point of shipment. Title to and risk of loss of the products pass to Buyer upon delivery to carrier. Title to any software purchased shall remain
with the licensor and Buyer shall be granted a license for the software according to the license agreement for such software. In the event Buyer
fails to pay the total purchase price within said 30 day period, Seller shall be entitled to collect a late fee of the lesser of 1.5% of the unpaid purchase
price per month or the maximum amount allowed by applicable laws. Seller shall also be entitled, in addition to all other remedies available at law or
in equity, to recover reasonable attorneys fees and/or other expenses in collecting the purchase price or otherwise enforcing or successfully
defending itseif in all matters relating to, or arising out of, this Sales Contract.
4. Any tax or other governmental charge (a) upon the production, sale, shipment or use of the products or (b) the provision of services which Seller
is required to payor collect from Buyer shall be paid by Buyer to Seller, unless Buyer furnishes Seller with exemption certificates acceptable to
taxing authorities. Such amount shall be due whether or not included on the invoice.
5. Shipping date or other applicable perfonnance date is estimated on the basis of immediate receipt by Seller of Buyers order and all infonnation,
drawings and approvals to be furnished by Buyer, and the absence of delays resulting from or contributed to by circumstances beyond Seller's
reasonable control. Seller shall have the right to make partial shipments. All changes in specifications or estimated shipping date will be by mutual
written agreement of Seller and Buyer and where such changes affect Sellers time or cost of performance, an equitable adjustment in estimated
shipping date or purchase price, or both, will be made. If no method of transportation is specified, shipment will be by a reasonable method of
transportation.
6. Quantities are subject to normal manufacturer allowances. Such allowances in the case of wire and cable are plus 10% and minus 5%. The
purchase price for products will equal the unit price multiplied by the quantity shipped. Installation shall be by Buyer. Final inspection of products
prior to installation thereof will be the obligation of Buyer.
7. Seller passes on to Buyer the warranties made to Seller by its suppliers and manufacturers and Seller's warranty in its entirety shall be
deemed limited to and shall not extend beyond such warranties. The length of the warranty period will be the length established by the
manufacturer of the products and if no length is specified by the manufacturer, shall in no event extend beyond one year from the date of
Shipment. Buyer shall proceed exclusively and directly against such supplier or manufacturer at Seller's request.
Seller's sole obligation under these warranties will be limited to either, at Seller's option and expense, repairing or furnishing a replacement
F.O.S. first point of shipment for the products or parts thereof which Seller reasonably determines do not conform with these warranties, and
Buyer's exclusive remedy for breach of any such warranties will be enforcement of such obligation of Seller. No warranty is made that the
Software will run uninterrupted or error free. Seller will perform the services in accordance with its customary procedures. Buyer's sole remedy
for defective Services shall be Seller's re-performance of the work. THE FOREGOING WARRANTIES ARE EXCLUSIVE AND IN LIEU OF,
AND SELLER DISCLAIMS, ALL OTHER EXPRESS OR IMPLIED WARRANTIES, OBLIGATIONS OR LIABILITIES, INCLUDING BUT NOT
LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE. EXCEPT FOR THE
LIMITED WARRANTIES SET FORTH HEREIN, THE PRODUCTS (INCLUDING SOFTWARE) ARE PROVIDED "AS IS" WITHOUT
WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. SELLER DOES NOT WARRANT THAT THE EQUIPMENT (INCLUDING
SOFTWARE AND SECURITY SOFTWARE) WILL BE UNINTERRUPTED OR ERROR FREE IN ITS OPERATION OR PREVENT THIRD
PARTY HACKING OR ACCESS TO BUYER'S NETWORKS.
BUYER'S SOLE AND EXCLUSIVE REMEDIES AGAINST SELLER OR ITS AFFILIATES (INCLUDING THEIR DIRECTORS, OFFICERS,
EMPLOYEES AND AGENTS) FOR ANY LOSSES, COSTS OR DAMAGES CAUSED BY OR ARISING FROM ANY PRODUCTS, SOFTWARE
OR SERVICE PROVIDED BY SELLER IN CONNECTION WITH THIS SALES CONTRACT, WHETHER IN CONTRACT OR IN TORT
(INCLUDING NEGLIGENCE OR STRICT LIABILITY), SHALL BE BUYER'S RIGHT TO RECEIVE REPAIR OR REPLACEMENT OF THE
PRODUCTS OR THE SERVICES. IN ANY EVENT, SELLER'S LIABILITY TO THE BUYER SHALL BE LIMITED TO THE MONEY PAID TO
SELLER BY THE BUYER UNDER THIS SALES CONTRACT. SELLER, ITS AFFILIATES (INCLUDING THEIR DIRECTORS, OFFICERS,
11
D
....
EMPLOYEES AND AGENTS) SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES
(INCLUDING BUT NOT LIMITED TO LOST PROFITS AND LOSS OF DATA) SUSTAINED OR INCURRED IN CONNECTION WITH THE
PERFORMANCE OR NONPERFORMANCE OF WORK UNDER THIS SALES CONTRACT OR THE USE OR OPERATION OF THE
PRODUCTS, SOFTWARE AND SERVICES PROVIDED OR SOLD OR LICENSED UNDER THIS SALES CONTRACT, OR FOR ANY
DAMAGES DUE TO CAUSES BEYOND THE REASONABLE CONTROL OF SELLER OR ATTRIBUTABLE TO ANY SERVICE, PRODUCTS,
OR ACTIONS OF ANY PERSON OTHER THAN SELLER OR ITS AGENTS REGARDLESS OF THE FORM OF ACTION AND WHETHER OR
NOT SUCH DAMAGES ARE FORESEEABLE. NEITHER PARTY SHALL BE LIABLE IN ANY WAY TO THE OTHER PARTY FOR DELAYS,
FAILURE IN PERFORMANCE, OR LOSS OR DAMAGE DUE TO FORCE MAJEURE CONDITIONS SUCH AS: FIRE; LIGHTENING; STRIKE;
EMBARGO: EXPLOSION; POWER SURGE OR FAILURE: ACTS OF GOD: WAR: LABOR DISPUTES; CIVIL DISTURBANCES; ACTS OF
CIVIL OR MILITARY AUTHORITY: INABILITY TO SECURE MATERIALS, FUEL, PRODUCTS OR TRANSPORTATION FACILITIES: ACTS
OR OMISSIONS OF SUPPLIERS, OR ANY OTHER CAUSES BEYOND ITS REASONABLE CONTROL, WHETHER OR NOT SIMILAR TO
THE FOREGOING.
Buyer will be subrogated to any claims or rights Seller may have against the manufacturer of the Equipment for breach of any manufacturer
warranties or representations and, upon Buyer's written request, Seller will take all reasonable actions to enforce on Buyer's behalf any such
express or implied warranties or representations.
8. Notwithstanding the foregoing, Seller shall:
a. Indemnify Buyer against any claim or threat of claim brought by any third party alleging the products infringe such party's patents,
trademarks or copyrights ("the intellectual Property"), providing that Buyer: (i) shall have followed Seller's reasonable instructions for use of
the Intellectual Property associated with the products; (ii) shall not have modified the products; (iii) notifies Seller promptly and in writing of
any such claims; and (iv) cooperates with and permits Seller to controi the defense, settlement or other handling of such claim threatened
claim. In the event the products shall be found not to conform to the Intellectual Property warranty, Buyer's sole remedy against Seller
shall be. at Sellers option, for Seller to (i) defend Buyer against such infringement claim; (ii) to substitute other functionally equivalent
products for the infringing units or modify the infringing units so that they no longer infringe; or (iii) to accept return of the infringing units,
providing Buyer with credit for the remaining value of any returned units. Provided, however, if Buyer furnished specifications to Seller,
Buyer will hold Seller harmless against any such claim which arises out of compliance with the specifications. This paragraph states the
entire liability of Seller with respect to the infringement of patents, copyrights, trademarks or other intellectual property.
b. YEAR 2000 WARRANTY - Seller is not the manufacturer of the products and makes no separate express or implied warranties concerning
Y2K issues. Seller assigns to Buyer all manufacturers' warranties concerning Y2K, and such manufacturers' warranties are available upon
request. Seller shall not be liable for any indirect or consequential damages, including any lost profits, loss of business income or
revenues or damages for personal injury or property damage related to or alleged to have been caused by Y2K issues.
c. Seller shall also indemnify Buyer against any claim or suit by a third party for direct damages or relief on account of injury to or death of any
person or damage to tangible personal or reai property caused solely by Sellers negligence or willful misconduct in the ccurse its
performance under this Sales Contract
It is a condition precedent to Seller's obligations under this Limited Warranty that: (a) Buyer is not in default of Buyer obligations under this
Sales Contract; and (b) the products have not been damaged as a result of misuse, abuse, neglect. accident, improper electrical voltages or
currents, or repair, a!teratkm 0;- maintenance by any person or party other than an authorized service facility, or any use violative of the IJse
instructions furnished with the products. Until this Sales Contract is paid in full, Buyer also agrees to first apply all proceeds of any such
warranty recoveries from the manufacturer to repair the products.
9. The Sales Contract shail be governed by the laws of the state where the services are to be performed and/or the equipment delivered. Any
action for breach of the Sales Contract or any covenant or warranty must be commenced within one year after the date the products are delivered to
Buyer, or one year after the date any services are performed. SBC DataComm, Inc., is a Delaware corporation. "SBC DataComm" is a d/b/a
name registered to Southwestern Bel! Telephone Co. in Arkansas, Kansas, Missouri, Oklahoma, and Texas, and registered to Pacific Bell
Telephone Co. in Cailiornia.
AGREED AND ACCEPTED:
CUSTOMER:
BY:
PRINTED NAME:
TITLE:
DATE:
SBC DATACOMM
BY:
PRINTED NAME:
TITLE:
DATE:
11
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Scope of Work
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\J DBt.Comm
SBC Southwestern Bell
City of Corpus Christi - Police Department
Customer Information
Customer Information
Customer Name City of Corous Christi - Police Department
Customer Address Corous Christi, TX 78401
Contact Position Contact Name Contact Number Pager Number
Network Engineer Janet Walton
SBC DataComm Information
Position Name Contact Number Pager Number
Systems Engineer Janice Henderson, 361-483-3823
Outside Sales
Inside Sales
Scooe of Work
This scope of work is in response to the City of Corpus Christi Police Department request for a
Cisco LAN campus design to support their data traffic. SBC services proposed in this document
include installation, staging and configuration services. This scope of work also includes SBC
security services to deploy Cisco 3015 VPN Concentrator and Cisco Works LAN management
software. This document is being written to provide the customer with pricing information as
defined in the attached Bill of Material and should not be considered binding at this point.
This document outlines SBC's general understanding of the City of Corpus Christi Police
Department's network requirements as defined in the "Hardware Integration" section below.
Hardware Integration Services
Access Laver Desian usina Cisco Catalvst 4000 Series Switches:
The Cisco Catalyst 4006 series switch is being proposed as the campus switch for the City of
Corpus Christi Police Department. The Catalyst 4006 switches will provide Police Department
end users with data connectivity to their LAN network. The hardware design supports Catalyst
4006 switches deployed in the MDF and IDF closets. The catalyst 4006 series switches will be
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populated with 10/100 RJ-45 modules. The Catalyst switches will also be installed with redundant
power supply. SBC strongly recommends that Catalyst switches are directly connect to UPS
systems that provide ample power to maintain an up state until such time as backup power can be
established.
Con! Desian usino Cisco 3600 Series Routers
The core design supports the configuration of two Cisco 3620 routers installed in the MDF closet.
The Cisco IOS software loaded on both routers will be configured support IP Plus Software. One
Cisco 3620 routers will be configured to provide network connectivity between the Police
Department and City Hall. The other Cisco 3620 router will be configured to provide internal
routing for the Police Department's subnets or VLANS. Both routers will be populated with a
NM-2FE2W network module as well as additional Flash and DRA.1v1. memory as outlined in the
parts table below.
Securirv Service
This scope of work includes the installation, staging and configuration of one Cisco VPN 3015
Concentrator. The 3015 concentrator is a VPN platform designed for srnall- to medium-sized
organizations with bandwidth requirements up to full-x TlIEI (4Mbps maximwn performance)
and up to 100 simultaneous sessions. Encryption processing is performed in software. The VPN
3015 is also field upgradeable to models 3030,3060, and 3080.
Security services also include the installation and configuration of an existing Cisco PIX 515R
Firewall. The inside and outside Ethernet interfaces on the PIX Fire\vall will be configured to
support IP traffic as defined by the customer's Security Policy. Thc customer will be responsible
for providing SBC with their Security Policy prior to installation of the VPN and configuration of
the PIX 5l5R.
Cisco Works 2000
Customer is requesting the installation and configuration of Cisco Works 20CO LAN Management software.
The CiscoWorks2000 LAN Management Solution (LMS) features a web-based set of applications for configuring,
administering, monitoring, and troubleshooting the campus network. This solution provides extensive switched
network discovery, configuration, fault notification, data path tracing, RMONIRMON7. traffic, and LAN/W AN
performance management capabilities on a device and network wide basis.
The following applications are included in the LAN Management Solution offering:
. Campus Manager (CM)
. Content Flow Monitor (CFM)
. Device Fault Manager (DFM)
. nGenius Real-Time Monitor (RTM)
. Resource Manager Essentials (RME)
. CiscoView (CD-One)
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SBC will be responsible for installing an operable configuration that supports the customer's LAN
Management requirements. SBC will not be responsible for maintaining the installed Cisco Works
LAN Management system and or administrative training.
Gigabit up-links from the IDF wiring-closets will be directly connected to the core backbone
switch located in Police Dept. SBC will not be responsible for configuring equipment that is not
outlined in the attached Bill of Material and or referenced in this scope of work. SBC will not be
responsible for the installation and or configuration of Cisco 350 Access Point devices included in
the Bill of Materials.
A list of the equipment associated with this Bill of Material is outlined below:
Product
WS-C4006-S2
WS-G5484
WS-X4148-RJ
SC4K-SUPK9-6.3.3
WS-X4008/3
CAB-7KAC
CON-SNT -WS-C4006
WS-C4006-S2
WS-G5484
WS-X4148-RJ
WS-X4306-GB
SC4K-SUPCV-6.2.2
WS-X4008/3
CAB-7KAC
CON-SNT-WS-C4006
WS-C4006-S2
WS-G5484
WS-X4148-RJ
SC4K-SUPK9-6.3.3
WS-X4008/3
CAB-7KAC
CON-SNT -WS-C4006
City Of Corpus Christi - Police Department
DescriDtion
Third Floor Closet Switch - 96 10/100 Ports
Catalyst 4000 Chassis (6-Slot),Suprvsr 1I,(2)AC PS, Fans
1000BASE-SX Short Wavelength GBIC (Multi mode only)
CATALYST 400010/100 Auto Module, 48-PORTS (RJ45)
Catalyst 4K Supervisor Flash Image w/SSH, Release 6.3.3
Catalyst 4000 AC PS Redundant
AC Power Cord North America
8x5xNBD Svc, Cat4000 (6-Slot),Suprvsrll,(2)AC PS,Fans
Core Switch - w/4810/100 Ports
Catalyst 4000 Chassis (6-Slot),Suprvsr 1I,(2)AC PS, Fans
1000BASE-SX Short Wavelength GBIC (Multimode only)
CATALYST 400010/100 Auto Module, 48-PORTS (RJ45)
Catalyst 4000 Gigabit Ethernet Module, 6-Ports (GBIC)
Cat 4K Supervisor Flash Image w/CiscoView, Release 6.2.2
Catalyst 4000 AC PS Redundant
AC Power Cord North America
8x5xNBD Svc, Cat4000 (6-Slot),Suprvsrll,(2)AC PS,Fans
Fourth Floor Closet Switch.
Catalyst 4000 Chassis (6-Slot),Suprvsr 1I,(2)AC PS, Fans
1000BASE-SX Short Wavelength GBIC (Multimode only)
CATALYST 400010/100 Auto Module, 48-PORTS (RJ45)
Catalyst 4K Supervisor Flash Image w/SSH, Release 6.3.3
Catalyst 4000 AC PS Redundant
AC Power Cord North America
8x5xNBD Svc, Cat4000 (6-Slot),Suprvsrll,(2)AC PS,Fans
~
1
2
2
1
1
2
1
1
2
1
1
1
1
3
1
1
2
2
1
1
2
1
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Scope of Work
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Router to City Hall
CISC03620 Cisco 3600 2-slot Modular Router-AC with IP Software 1
CAB-AC Power Cord, 110V 1
S362BHP-12201 Cisco 3620 Series 10S IPIIPXlATIDEC/FW/IDS PLUS 1
MEM3600-8U16FS 8-to-16MB Flash Factory Upgrade for the Cisco 3600 1
MEM3620-32U64D 32-to-64 MB DRAM Factory Upgrade for the Cisco 3620 1
NM-2FE2W 210/100 Ethernet 2 WAN Card Slot Network Module 1
CON-SNT-3620 SMARTnet 8x5xNBD for Cisco 3620 1
Router for internal5Ub"et or VLAN routing
CISC03620 Cisco 3600 2-slot Modular Router-AC with IP Software 1
CAB-AC Power Cord, 11 OV 1
S362BHP-12201 Cisco 3620 Series 10S IPIIPXlATIDEC/FWIIDS PLUS 1
MEM3600-8U16FS 8-to-16MB Flash Factory Upgrade for the Cisco 3600 1
MEM3620-32U64D 32-to-64 MB DRAM Factory Upgrade for the Cisco 3620 1
NM-2FE2W 210/100 Ethernet 2 WAN Card Slot Network Module 1
CON-SNT -3620 SMART net 8x5xNBD for Cisco 3620 1
Network Management Software (server hardware not included)
CWLMS-2.0 LAN Managment 2.0 for WIN/SOL; CM, DFM, RME, RTM, CV 1
CON-SAS-CWLMS-2.X SAS SVC., CW2000 LMS 2.0 1
Wireless Access Points and Cards
AIR-PWRINJ= 350 Series Single Port Power Injector 2
AIR-PWR-CORD-NA AIR Line Cord North America 2
AIR-AP352E2C 350 Series AP w/Captured Diversity Antennas and 128-bit WEP 2
AIR-01-US Air Country Option for United States 2
CON-SNT-AIR-AP350 8x5xNBD Svc, 350Series AP Ant or Conn 40-128-bit WEP 2
AIR-PCM352 350 Series PC Card w/lntegrated Diversity Antenna, 128-bitWEP 5
AIR-01-US Air Countrj Option for United States 5
Sub-total
VPN Concentrator
CVPN3015-NR-BUN CVPN3015-NR non-redundant hw set, sw, client, / US 1
powercord
CVPN3015-SW-31-K9 Rei 3.1 SW Load for VPN3015 Concentrator (reqd for 3015) 1
CON-SNT -VPN3015 8x5xNBD Svc, Cisco VPN 3015 1
Proiect Details:
· Bill of Materials (Excel file attached to this SCOW)
· Network drawings or diagrams that exist as an electronic attachment or paste them into this
document. Drawing Attached
. How many sites? One Site
· Where are the sites located (City, State)? Corpus Christi, Texas
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· What applications is the customer using? (See SCOW) Unknown
· What existing equipment will the new equipment be integrating with at customer sites? Cisco
Catalyst 4006 Switches, VPN 3015, Cisco Works LAN Management software and Cisco 3620
Routers.
· Is the customer having network problems we should know about? No
. If YES, explain:
· What time of day will the job take place? Normal Business Hours (8 AM-S PM, Mon-
Fri)
· Is weekend or holiday work required? No
· How many phases (if more than one) and the target dates for each phase? Installation will
start on receipt of equipment.
Network Bridge Routing Protocols Local Area Network Wide Area Network
Protocols Protocols Protocols
TCPIIP Source Route Bridging 10/100 Base-T ATM
IPX Transparent Bridging Gigabit Ethernet Frame Relay
Apple Talk Translational Bridging ATM ISDN
NetBEUI Source Route Transparent Bridging FDDI SMDS
DECnet Spanning Tree Token Ring PPP/SLIP
SNA Other: LocalTalk X.25
Vines IP Other: HDLC
Arcnet APPN
Other: SDLC I
RIP Other:
IGRP ADSL
EIGRP
OSPF
BGP
NFS
ICA
Pricinl! Summary:
Installation
Staging
Project Management
Project Total
$13,800
$0,000
$0.000
$101,353.44
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Scope of Work
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SHC Responsibilities:
SBC DataComm will provide a trained engineer to install the network hardware at the customer
location. Installation includes the following:
· Perform a technical assessment (verbal or physical) of the premises prior to installation.
· Provide verbal overview to customer's designated systems administrator of basic network
hardware unit set-up.
· SBC DataComm will be responsible for physical layer connectivity testing of networking
hardware only. All other cable plant, Network Operating System (e.g. Novell, NT), and
application software testing will be the responsibility of the customer.
· SBC DataComm is not responsible for any loss of customer's data or network system
security.
Any additional work to be performed outside ofthis Statement of Work will require
additional charges.
Customer Responsibilities:
The customer will be responsible for providing all site preparation including:
· Installation of all site wiring (power and signal, path and lengths).
· Installation of necessary power distribution boxes, conduits, groundings. lightning protection,
cormectors, and associated hardware.
" Installation of power outlets located within five feet of the equipment to be installed.
· Any building alterations necessary to meet wiring and other site requirements.
· Environmental modifications as required for the hardware.
· Installation and verification of operation for all equipment not supplied by SBC DataComm,
but required for installation (e.g. workstation, transceiver, and so on).
" Configuration parameters for each protocol (IP, IPX, and so on) to be configured on each
network hardware component or module, including all necessary addressing requirements.
This information is required prior to the on-site arrival of the SBC DataComm Field Engineer.
· A proper rack or desktop inion which the hardware will be installed.
· Preparing site according to the site preparation guide provided by SBC DataComm and
completing the Project Installation Guide (PIG).
· All cable plant, Network Operating System (e.g. Novell, NT, UNIX), network drivers,
application software, and testing for systems not supplied by SBC Datacomm.
· Any delays due to the above items are billable at SBC DataComm's hourly rate for engineer
time plus travel and expenses.
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Scope of Work
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· If the information provided by customer is incorrect or incomplete. SBC DataComm shall
have the right to charge customer for any increase in costs incurred or time expended by SBC
DataComm due to such error or omission.
· Customer is responsible for providing a point of contact or project management team to work
with SBC Datacomm on an on-going basis.
· Customer will be required to provide network information for purposes of setting up security,
in addition to, configuring any existing hardware or WAN connectivity required to interface
with the new equipment.
ComDletion Criteria:
SBC DataComm will have satisfied its obligations to the customer under this Statement of Work
when the tasks listed under SBC DataComm Responsibilities are completed
Financial ResDonsibilitv:
Payment subject to the initial and continuing credit approval, terms of payment are net 30 days of
SBC DataComm's invoice date. Invoices for Service may be issued in advance of the actual
performance of the Service. All payments are to be made in U.S. dollars. In the event payments
are overdue and such delinquencies are not remedied within ten (10) days after receipt of written
notice from SBC Datacomm, SBC DataComm may terminate this agreement. SBC DataComm
reserves the right to charge the Customer interest on overdue accounts. The interest rate will be
based on the lessor of I .5% per month or the maximum rate allowed by applicable laws applied to
the unpaid purchase price.
Customer Sil!Dature:
The customer, by signing below. indicates that the Statement of Work has been read and the
terms outlined within have been accepted. This Statement of Work is part ofSBC DataComm's
Product and Services Agreement. Pricing for the installation of the products for this Statement of
Work is provided in SBC DataComm's attached quote. The customer also is aware that any
delays incurred because of any of the reasons listed in the Customer Responsibilities section is
considered billable time. Any questions concerning SBC DataComm's responsibilities and the
work to be done should be directed to the SBC DataComm representative.
Customer's Name
Company
Date
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SBC DataCornm Representative
Location
Date
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CITY COUNCIL
AGENDA MEMORANDUM
February 13, 2002
AGENDA ITEM: (Caption, as it should appear on the agenda)
Item A: Resolution authorizing the City Manager or his designee to execute an
Interlocal Cooperation Agreement with the Texas Department of Public Safety
Division of Emergency Management in the amount of $14,860.80 for hazardous
materials emergency preparedness planning activities.
Item B: Ordinance Appropriating $14,860.80 from the Texas Department of Public
Safety Division of Emergency Management in the No. 1050 Federal/State Grants
Fund for hazardous materials emergency preparedness planning activities; and
declaring an emergency
ISSUE: The City of Corpus Christi and Nueces County have significant amounts of
hazardous chemicals being manufactured and/or transported within their boundaries.
With these vast amounts of chemicals comes the likelihood of accidents. To ensure
that the City and County's emergency responders are provided with useful
hazardous materials information, it is essential that we update our Tier II database
of hazardous materials in the county on an annual basis. Identifying and
documenting pipelines in our city is also a tedious but crucial process to keep
abreast of each and every pipeline permitted within our city limits. Many of our
citizens are utilizing our City's website to obtain vital information and the Fire
department is committed to provide pertinent safety related information to our
community. 9/11 has made it even more important for us to link useful informational
websites to inform the public. Remaining current with the latest HazMat planning
software ensures the City and the County will not fall into technological
obsolescence.
This grant will allow the LEPC and Office of Emergency Management to. more easily
compile data for the HazMat database and identify pipeline data ,as well as
improving the technical proficiency of the City and County's HazMat planning
capabilities. The public stands to have more safety plan information available to
them in the form of an updated Website with vital links to State and Federal
agencies. Deadline for completion of all projects is August 31, 2002 with a final
summary report and final billing with invoices and check numbers submitted to the
State by the City no later than September 1, 2002.
il
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REQUIRED COUNCIL ACTION: Council approval is required to authorize contracts
and appropriate grant monies.
PREVIOUS COUNCIL ACTION: The City Council approved the 2001 Hazardous
Materials Emergency Planning Grant from the Texas Department of Public Safety
Division of Emergency Management in the amount of $20,928 for: (a) the
development of a web-accessible hazardous materials database (b) the purchase
of public education materials on chemical awareness (c) the purchase of CATS
software for the Office of Emergency Management (d) and funds to hire temporary
staff to update Annex D.
FUNDING: The grant requires a hard or soft match of 20% ($3,715.20) of the
total project. The Local Emergency Planning Committee and Office of
Emergency Management have already formally agreed to pay any hard match
that may be required. Total project costs is estimated at $18,576 with $3,715.20
representing the 20% match. The City of Corpus Christi LEPC will pay $1,715.20 as its
contribution towards the funds match. The Office of Emergency Management will pay
$2,000 as its contribution towards the funds match. A combination of both hard and
soft matching funds may be used to satisfy the 20% matching funds requirement set by
the State. Funds have been budgeted in the General Funds of both the Office of
Emergency Management and the Local Emergency Planning Committee.
CONCLUSION AND RECOMMENDATION: Staff recommends approving the
ordinance to appropriate a grant in the amount of $14,860.80 received from the
Texas Department of Public Safety Division of Emergency Management for
Hazardous Materials Emergency Preparedness Planning.
R~t~~
Juan J. Ad me
Fire Chief/LEPC Chairman
ADDITIONAL SUPPORT MATERIAL
Contract x
Award Letter x
Ordinance x
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DIVISION OF EMERGENCY MANAGEMENT . ..
TEXAS DEPARTMENT OF PUBLIC SAFETY
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RICK PERRY
Governor
5805 N. Lamar Blvd.
Box 4087
Austin, Texas 78773-0220
Duty Hours 512 424-2138
Non-duty Hours 512 424-2000
Fax 512 424-2444
THOMAS A. DAVIS, JR.
Director
TOM MILLWEE
Coordinator
January 28, 2002
Jaun A. Sendejar, LEPC Administrator
City of Corpus Christi/ Nueces County LEPC
201 N. Chaparral, Suite 300
Corpus Christi, TX 78401
Dear Mr. Sendejar:
1 am pleased to inform you that your application for a Fiscal Year 2002 Hazardous Materials Emergency
Preparedness grant to conducting a pipeline study, develop a website, update the ArcVIEW database and
the purchase of CATS software has been approved for an award of $14,860.80
You have until February 24, 2002 to have your fiscal agent sign both contracts and return them to the
Division of Emergency Management. If you choose to decline the award, please return the unsigned
contracts and a letter of refusal to the Division of Emergency Management before February 24, 2002.
Please note you can only submit bills for reimbursement after the contracts have been signed and
returned to this office. You are also required to submit monthly progress and financial reports as
outlined in Attachments 1 and 2 of your contract.
If you have any questions please call the HMEP program manager. Mr. Brad Ellis at (512) 424-5985.
Sincerely,
~.t
Tom Millwee
State Coordinator
Enclosure 2 Copies of HMEP Planning Grant Contract
-.,---
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,
.~..".
RESOLUTION
AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
EXECUTE AN INTERLOCAL COOPERATION AGREEMENT WITH THE
TEXAS DEPARTMENT OF PUBLIC SAFETY DIVISION OF
EMERGENCY MANAGEMENT IN THE AMOUNT OF $14,860.80 FOR
HAZARDOUS MATERIALS EMERGENCY PREPAREDNESS
PLANNING ACTIVITIES
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. The City Manager or his designee is authorized to execute an interlocal
cooperation agreement with the Texas Department of Public Safety Division of
Emergency Management in the amount of $14,860.80 for hazardous materials
emergency preparedness planning activities.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Samuel L. Neal, Jr.
Mayor
APPROVED: 13th day of February, 2002.
James R. Bray Jr.
City Attorney
By: ~~~
R. Ja)PR ining
First Assistant City Attorney
R21101A1.doc
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ORDINANCE
APPROPRIATING $14,860.80 FROM THE TEXAS DEPARTMENT OF
PUBLIC SAFETY DIVISION OF EMERGENCY MANAGEMENT IN THE
NO. 1050 FEDERAL/STATE GRANTS FUND FOR HAZARDOUS
MA TERIALS EMERGENCY PREPAREDNESS PLANNING ACTIVITIES;
AND DECLARING AN EMERGENCY
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That $14,860.80 from the Texas Department of Public Safety Division of
Emergency Management is appropriated in the No. 1050 Federal/State Grants Fund for
hazardous materials emergency preparedness planning activities.
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 on this the day of
,2002.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Samuel L. Neal, Jr.
Mayor
APPROVED: This 13th day of February, 2002:
James R. Bray, Jr.
City Attorney
By: ~~
R. Ja R . ing
First Assistant City Attorney
R2110181.doc
11
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ORDINANCE STATUS
AGENDA ITEM:
Amending the Zoning Ordinance by revising Article 12A, "B-1A" Neighborhood Business
District Regulations, by replacing masonry fence with standard screening fence
requirement and providing supplementary landscaping and site design requirements; and
Article 27, Supplementary Height, Area, and Bulk Requirements, by revising Section 27-
3.01.06 (1) Fence Requirements; providing for severance; and providing for publication.
FIRST READING:
February 12, 2002
Passed:
7-0 (Council Members Absent - John Longoria and Mark Scott)
FINAL READING:
February 19, 2002
COMMENTS:
(None)
11
n
CITY COUNCIL
AGENDA MEMORANDUM
February 5, 2002
AGENDA ITEM:
Zoning Ordinance Text Amendment: An amendment to Article 12A, "B-IA" Neighborhood Business
District, and other related articles, in order to replace the required masonry wall with a standard screening fence.
Planning Commission and StafPs Recommendation (12/19/01): Approval
Requested Council Action: Approval of the amendment (0 Article 12A and adoption of the attached
ordinance.
ISSUE AND REQUIRED COUNCIL ACTION: Eliminate the required masomy wall in the "B-IA"
Neighborhood Business District and require conVerSIOns from residential and office uses to comply with the
standards in the "B-1 A" District.
PREVIOUS COUNCIL ACTION: On September 25. 2001, the City Council approved a 6-month
moratorium on the "B-IA" District's required masonry wall 111 order to allow the Staff and Planning Commission to
consider possible amendments.
BACKGROUND: The masonry fence conti,,"e; to be an obstacle to rezoning properties to a "B-1A" District.
Furthermore, owners have also stated that the City's Victorian clay soils are unsuitable to masonry fence installation
in that the shrink-swell charactenstics tend to break or cause masonry fences to lean prematurely, thereby increasing
maintenance costs. Consideration should be given to the fact that in some instances, the walls cannot be placed
along the property lines because of an existing utility easement. The proposed ordinance amendment as
recommended by Planning Commission and Staff, would eliminate the required masonry wall.
Another amendment related to the "B-IA" Distri~t would require properties that were rezoned from a residential
district and an "AB" Professional Office District comply with the development standards of the "B-IA" District.
These standards include the i5-foot wide landscapt strip at the rear of the property and trees every thirty (30) feet on
center along the street frontage and in the rear landscape strip.
~ ~~,,,,,' J
Michael N. Gunning, AICP
Director of Planning
MG/MS
Attaehments:
I)
2)
Planning Commission Minutes
Ordinance
Pages 2-5
Pages 6-9
H:\P LN.DIR IERMA I WORDIAGENDM EMIARTICLE 12AFENCES.DOC
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Planning Commission Minutes
November 7, 2001
ZONING TEXT AMENDMENTS TO THE "AB" PROFESSIONAL OFFICE DISTRICT, "B-1 A"
NEIGHBORHOOD BUSINESS DISTRICT REGARDING SIGN AGE, USES AND SCREENING,
AND OTHER RELATED AMENDMENTS
Mr. Saldaiia presented a revised proposed amendment to the "AB" District signs and "B-IA"
District masonry fence requirement and highlighted amendments. He said that language relating to a two-
sided on premise detached freestanding sign was included as requested by the Conunission. Illumination of
the sign was addressed by prohibiting neons and bare bulbs.
With regard to the Conditional Sign Permit, Mr. Saldana said that Staff recommends that the
Plannmg Conunission have authority to increase sign area, height. or number of signs permitted in the
"ABU District. He added that the increase of height is limited to 12 foot on one (I) sign, which is required
to be located in the front yard setback. He continued that additional monument signs can be permitted
provided the sign identifies a separate building. As part of the Conditional Sign Permit, the applicant
would be required to submit a detailed site plan.
Conunissioner Sween-McGloin asked whether the size and number of directional signs are
limited. Mr. Saldana said that the size is limited to four square feet. The language is located in the zoning
ordinance; however, not in this section. Commissioner Sween-McGloin expressed concern with the
illumination of a freestanding sign and asked that language be added to require lights to be shielded from
roadway. She continued that language needed to be added that freestanding signs are not allowed to extend
above the building. Conunissioner Sween-McGloin asked whether portable signs could be attached to a
building according to the proposed amendment. Mr. Saldana said that staff is working with Code
Enforcement to address the issue.
Conunissioner Sween-McGloin asked whether a kiosk building could be added as an accessory
building for retail or if the retail needed to be related to the service in the main building. Mr. Saldaiia said
that retail needed to be part of the use of the main building. He added that accessory building relates to
storage buildings and is currently allowed in the zoning ordinance.
Conunissioner Sween-McGloin asked that language be added to address Article 33-1 (I)
clarifying that the increase in height would be considered in accordance with the size of the lot and the
linear feet. Mr. Saldaiia informed the Conunission that with the current ordinance an applicant could
request a conditional sign permit for a freestanding sign of 20 square feet and 15 feet in height. Discussion
ensued regarding limiting the maximum increase to be no more than 50 percent.
Conunissioner Sween-McGloin asked that a sign design be added to Article 33-1 (3) requirement
of submission by the applicant.
Conunissioner Salazar asked that the corrolation of acreage of land and signs be amended to
accommodate various sized lots. He provided an example of a platted lot being 6,000 square feet having
the same sign requirements as a 100,000 square foot lot. Mr. Saldaiia explained that the development of a
6.000 square foot lot would be only one (1) sign. If there was a 100,000 square foot lot. there would be
multiple buildings and could receive multiple signs. If the property had multiple buildings, the applicant
could apply for a conditional sign permit. Commissioner Salazar expressed concern with a developer
proposing a larger project and that the property will have restrictive frontage. Mr. Gunning said that staff
could add language to the Conditional Sign Permit which gives the Planning Commission subjective
guidelines.
Conurussioner Richter requested that the monument sign lighting be shielded.
ConunisslOner Zamora asked whether all freestanding signs were required to be two-sided. Mr.
Saldana answered that signs could be one or two-sided signs. Conunissioner Zamora asked that language
be included to clarify the intent in the ordinance and asked if there was a definition of a monument sign.
Mr. Saldana said that the definition is included in the ordinance. Commissioner Zamora expressed concern
2..
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Planning Commission Minutes
November 7. 200 I
"B-IA" Neighborhood Business District
Page 2
with an applicant not being able to erect a sign made from two (2) wooden posts displaying the
name of the business in the center.
Commissioner Zamora requested that language to allow the Planning Corrunission to approve sign
design with a Conditional Sign Pennit.
Vice Chainnan Mims asked staff to review the Corpus Christi Beach District with respect to roof
signs being permitted in the district. She expressed concern with the use of portable signs.
Motion by Sween-McGloin, seconded by Amsler, to forward a recommendation of approval of the
amendments to the "AB" District with the following changes:
1. l2A (i) One sinele or 2-sided ..........
2. 12A (ii) add shielded lights to monuments which are not internally illuminated or backlit
a. 12B (i) add language to prohibit extending sign above the building and prohibit signs
from extending more than] 8 inches from the wall.
3. Article 33 - add number of signs, height area shall be considered with respect to building lot area
and frontage
4. Article 33 - "elevation plan of the building wall and sign desien........
5. Article 33 - .... .... authorize increases to sign area, sign height, slen desil!I1 or the number of signs
in excess........".
6. Article 33 (I) "increase is limited to no more than twelve (12) feet in height and an increase of
slen area to 50 oercent.:."
Motion passed.
Mr. Saldana highlighted the amendments to the "B-IA" Neighborhood Business District and said
that the .mendment is necessary to eliminate the required masonry wall along the rear of properties. He
added that the masonry wall has kept several applicants from applying for the "B-IA" District due to costs
associated with the w.ll. Mr. Saldana informed the Commission that the City Council has implemcnted a
Slxwrli.o!!th moratoriuIil that any newly granted "B-IA" District property would not be required to erect a
masonry wall.
Staff recommendation is to eliminate the required masonry wall. Mr. Saldana said that there was
discussion regarding one property having one type of masonry wall and an adjacent lot having a different
type of masomy wall. He said that language has been added to Article \2A-9.4 addressing the wall issue.
"Similar to a woodcrete fence design" was added. He continued that Article 12A-9.4 says that "Properties
rezoned ftom residential or office are reqUIred to comply with the regulations of the "B.IA" District."
When adjacent to residential. the "B-IA" District requires a IS-foot landscape buffer area at the rear and
trees 30 feet on center.
Commissioner Sween-McGloin submitted information regarding the "B-IA" Neighborhood
Business District. She said that previously she presented the proposed cost for a masonry fence as being
$3.50 per linear foot. The actual cost is $35.00 per linear foot. She added that there is a masonry fence that
could be erected afford.bly.
Commissioner Sween-McGloin said that the intent of the masonry fence in the "B-IA" District
was to create a buffer between residential and more intensely used property. She added that she believes
the increase to the propert)' value with a commercial zoning would surpass the cost of the masonry fence.
Commissioner Sween-McGloin asked staff to provide information regarding property values and
their impact when adjacent property rezoned to commercial zoning. She also asked for information
regarding "woodcrete" fences.
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Planning Conunission Minutes
November 7. 2001
"B-IA" Neighborhood Business District
Page 3
Conunissioner Pusley said that properties requesting rezoning to "B-1 A" District have existing
buildings and screening fences. A masonry fence would not be comparable to other fences adjacent to the
property. He continued that if the property vacant land and the developer proposed to erect buildings
adjacent to a residential neighborhood. a "B-IA" District with a masonry fence would be appropriate.
Mr. Saldana informed the COnmllssion that the fences would be erected along easements. He
added that the utility departments would not allow a masonry wall in an easement. He expressed concern
that CItizens might have with erecting a wall that the city's utility departments and companies could tear
down and not be required to erect it after utility work has been completed.
Motion by Sween-McGloin. seconded by Salazar, to continue the "B-IA" Neighborhood Business
District public hearing to December 5, 2001. Motion passed.
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Planning Commission Minutes
December 19.2001
ZONING TEXT AMENDMENTS - "B-1 A" Neighborhood Business District
Mr. Saldana said that in September 2001, the City CouncIl placed a moratorium on the "B-IA" District.
Staffs recommendation for the "B-IA" District is to eliminate the masonry wall requirement. He said that
he fOWld photographs of wood crete, cedarcrete, and fencestone fences on the internet for the Commission's
review. Mr. Saldana' said that there were a few downsides to the woodcrete fence. The cost is higher than
a standard wooden fence. Another is the 5 to 10 foot propeny easement when there is a business lot
abutting a residential lots. The wall would not be permItted to be erected on the utility easement. If the
Commission continues to require the masonry wall, the language would need to contain an instruction that
the fence needed to be erected outside the propeny line.
Conunissioner Sween-McGloin said that residents abutting the fences express concern with
dumpsters, etc and she continued that she wanted to protect the residents. She continued that similarities of
design is the same issue with wood fence. She added that fences are not supposed to be erected in
easements anyway. She said that fences need to be replaced on a regular basis because of the Victorian
clay in the region.
Vice Chair Mims said she would not support woodcrete language.
Commissioner Salazar said that all specifications should have similar language and allow for
flexibility.
Motion by Sween.McGloin, seconded by Mims, to remove the item from the table. ~1otion
passed with Zamora being absent.
Chairman Berlanga opened the public hearing. No one appeared in favor or opposition. Public
hearing was closed.
Motion by Mims. seconded by Amsler, to forward a recommendation of approval of amendments
to the "B.IA" District - Section 12A-9 as presented. Motion passed with Salazar and Sween-McGloin
votmg "Nay" and Zamora being absent.
Cormnissioner Salazar reiterated his previous statement regarding said th~t the word "similar"
allows for flexibility and does not require a panicular manufacOlrer.
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Page 1 of 4
AN ORDINANCE
AMENDING THE ZONING ORDINANCE BY REVISING ARTICLE 12A, "B-1A"
NEIGHBORHOOD BUSINESS DISTRICT REGULATIONS, BY REPLACING
MASONRY FENCE WITH STANDARD SCREENING FENCE REQUIREMENT
AND PROVIDING SUPPLEMENTARY LANDSCAPING AND SITE DESIGN
REQUIREMENTS; AND ARTICLE 27, SUPPLEMENTARY HEIGHT, AREA, AND
BULK REQUIREMENTS, BY REVISING SECTION 27-3.01.06 (1) FENCE
REQUIREMENTS; PROVIDING FOR SEVERANCE; AND PROVIDING FOR
PUBLICATION.
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 Wednesday,
November 7, 2001, and December 19, 2001, during a meeting of the Planning Commission, and
on Tuesday, February 12, 2002. 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 12A, "B-1A" Neighborhood Business District Regulations, Section 12A-8
Supplementary Landscaping Requirements. and Section 12A-9 Supplementary Site Design
Regulations to read as follows:
"ARTICLE 12A. "B-1 A" NEIGHBORHOOD BUSINESS DISTRICT REGULATIONS
.
.
.
.
.
"Section 12A-8 Supplementary Landscaping Requirements. In addition to the landscape
requirements in Article 278, the following supplemental regulations shall apply:
"12A-8.1 Landscaping shall be required for existing structures. as if new construction. when
converting from a residential or office use to a B-1 A District non-residential use regardless of
any change in vehicular use areas.
.
.
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.
"Section 12A-9 Supplementary Site Design Regulations.
.
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.
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"12A-9.4 ^ &i)( (€i) fest l::1i!]1::1 R'lCl&SRry teAse 61::1all13e FOl9l:lirss aIElR!] the Fear ~re~er:t'lIiRe WReFe
:JobJtting :J resia8Atial aic;triet. ,^. st:lncd:lr8 E:GreeAiA~ teAse witbl a Aoi~At af Ast less ttxlOR E:iJ( (8)
foot ch::tll be re~l:JiFe8 :JleFl!3 th0 sido preJ30rty liRes v:Al2lre :l81:JttinQ 3 resielontial distrist. ^
&sreeRing feRse i& Ret rel9l:liros aGrclSS &treet er sraiRage rigl::1t& Elf'l:ay. Properties rezoned from
a residential district or office district to a B-1A District must complv with the standards in Articles
12A. 27, and 27B, includina landscapina reaulations and fencina reauirements.
SECTION 2. That the Zoning Ordinance of the City of Corpus Christi. Texas, is amended by
revising Article 27, Supplementary Height, Area And Bulk Requirements, Section 27-3.01.06 (1),
to read as follows:
"ARTICLE 27. SUPPLEMENTARY HEIGHT, AREA AND BULK REQUIREMENTS
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.
.
.
.
"27-3.01.06 (1) Fence required. Where a business or industrial use is established on a lot
which is adjacent to a lot occupied by a dwelling located in the "FR", "RE". "RA". "R-1A", "R-1B",
"R-1 C", "R-2", "A-1", "A-1A", or "A.Z' zoning district. then the owner of the lot to be occupied by
said business or industrial use shall be required to construct a screening fence six (6) feet in
height from the natural ground. which shall constitute a visual obstruction and shall be capable
of withstanding a thirty (30) pound per square foot horizontal wind load from any direction.
Where a lot is to be occupied by a business or industrial use, which lot is adjacent to any
located in the "FR", "RE". "RA", "R-1A", "R-1B", "R-1C", "R-2", "A-1", "A-1A", or "A-2" zoning
district and which adjacent lot, or lots. is not occupied by a dwelling, then the owner of the lot to
be occupied by said business or industrial use shall be required to construct a screening fence
in accordance with the standards established above, or may defer ~ construction upon
application for deferral to the Building Official and on condition of executing a contract with the
City which shall be filed of record in the office of the Clerk of the county or counties in which the
affected lots are situated and which contract shall constitute a covenant running with the land.
For the purposes of thiS amendment, ;'business or industrial use" is hereby defined to include
any nonresidential use permitted in the "AB", "A-1A", :'A-2~ "B-1", "B-1 A", "B-2", "B-2A", "B-3",
"B-4", "B-5", "B-6", "1-1". "1-2". or "1-3" zoning districts,
~ The contract, the form of wnich shall be approved by the City Attorney, shall require a
cash deposit equivalent to the cost of construction of &<lElR the screening fence as determined by
the Director of Engineering Services, ~ The deposit of money shall be held in trust and as an
interest-bearing deposit by the City's designated depository, with accrued interest to accumulate
and to be held in trust with the principal sum of the deposit. ~ The contract shall further
provide that the deferment period shall terminate and the applicant shall commence construction
of a standard screening fence at the direction of the City, and in any event, no later than the
issuance of a residential building permit for the development of residential improvements or use
upon any land adjacent to or adjoining the subject lot devoted to business or industrial use.
~ The fence construction shall be completed, with the exception of any intervening act of
God, prior to the completion of the first permitted residential construction on adjacent land.
Where more than one vacant, residentially zoned lot adjoins the subject lot the fence
construction to be completed is that portion or portions of the subject lot's line or lines adjoining
the abutting lot line or lines of the adjacent lot or lots on which a building permit is taken.
Provision shall be made in the contract for continued trust retention and interest-bearing until the
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entire fencing along adjacent residential lot lines is completed. The ~ contract shall further
provide for an express agreement between the City and the applicant whereby failure to
construct the standard screening fence as provided therein, save and except for an intervening
act of God. shall cause the forfeiture of ~ the deposit to the City for the purpose of
constructing 6tI6R the fence and that applicant shall waive all equitable defenses thereto.
In the event that applicant conveys or signs its interest to any part or all of the land described in
~ the contract, ~ the conveyance or assignment shall transfer pro rata part or all, as the
case may be, the deposit plus accrued interest for fence construction as therein provided,
effective upon a copy of 6tI6R the conveyance or assignment being delivered to the City
Manager. The pro rata calculation for a partial conveyance involving a lot line touching on and
adjoining residential lot shall be based on the ratio of linear footage conveyed and adjoining the
subject lot line to the total linear footage of fence along the entire adjoining tract or lots, as the
case may be.
Where a lot has been occupied by a business or industrial use prior to December 1. 1971, and
is adjacent to a lot occupied by a dwelling in an "FR", "RE". "RA". "R-1A", "R-1 S", "R-1C". "R-2",
"A-1", "A-1 A", or "A-2" zoning district, and if said business or industrial use is expanded by only
10% or less, of the floor area and/or site area. then the owner of the lot on which said existing
business or industrial use is located shall not be required to construct a screening fence at the
time of s~Gh expansion.
*
*
*
*
*
SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas,
approved on the 27th day of August. 1973. as amended from time to time, except as changed by
this ordinance and any other ordinances adopted on this date, remain in full force and effect.
SECTION 4. That to the extent that this amendment to the Zoning Ordinance represents a
deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the
Zoning Ordinance. as amended by this ordinance
SECTION 5. That any ordinance or part of any ordinance in conflict with this ordinance is
expressly repealed by this ordinance.
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. 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.
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That the foregoing ordinance was read for the first time and passed to its second reading on this
the 12th day of February, 2002, by the following vote:
Samuel L. Neal, Jr.
Rex A. Kinnison
Brent Chesney
John Longoria
Jesse Noyola
Mark Scott
Javier D. Colmenero
Henry Garrett
William Kelly
That the foregoing ordinance was read for the second time and passed finally on this the 19th
day of February, 2002.. by the following vote:
Samuel L. Neal, Jr.
Rex A. Kinnison
Brent Chesney
John Longoria
Jesse Noyola
Javier D. Colmenero
Henry Garrett
Mark Scott
William Ke!!y
PASSED AND APPROVED, this the 19th day of February, 2002.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Samuel L. Neal, Jr.
Mayor. The City of Corpus Christi
APPROVED AS TO LEGAL FORM 5 February, 2002
By:
. Doyle Curtis
Senior Assistant City Attorney
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CITY COUNCIL
AGENDA MEMORANDUM
DATE: February 15, 2002
AGENDA ITEM: Ordinance authorizing the City Manager, or designee, to execute an
industrial district agreement, effective as of February 12, 2002, with Corpus Christi Liquid,
Inc. as lessee and improvements owner, pursuant to !l 42.044 Texas Local Government
Code and pursuant to Ordinance No. 022360, and to file the agreement in the official
records of Nueces County, Texas; providing for publication; providing for severance; and
declaring an emergency.
ISSUE: The City staff has been approached by Corpus Christi Liquid Inc. (CCL) which is
wholly owned through a chain of companies by ConAgra Foods, Inc. of Omaha, Nebraska
to authorize an industrial district agreement. This agricultural liquid fertilizer supplier leases
approximately 8.85 acres from the Port of Corpus Christi of which approximately 4.5 acres
are outside of the City limits.
Traditionally, the City has authorized industrial district agreements for entities in the Port
area with similar types of manufacturing, warehousing and/or storage facilities.
RECOMMENDATION: Staff is recommending that City Council approve an ordinance
authorizing the City Manager to execute an industrial district agreement with Corpus Christi
Liquid, Inc. under the same terms and conditions as the existing industrial district
agreements utilize.
?J~-~
W. Thomas Utter
11
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BACKGROUND INFORMATION
Corpus Christi Liquid, Inc., "CCL" is a wholly owned subsidiary of Cropmate
Company, which is wholly owned by United Agri Products, Inc., a wholly owned
subsidiary of ConAgra Foods, Inc. of Omaha, Nebraska. CCL was acquired by
Cropmate in 2000.
CCL is an agricultural liquid fertilizer warehouse and distribution facility that employs
5 full-time employees. This includes the addition of two employees after the
acquisition by Cropmate.
This location provides local retail outlets the convenience of storage in large
quantities when the fertilizer season is in full gear. They also provide a custom
blending service of five different products for these retail stores, therefore eliminating
double handling. The blend can leave here and go straight to the customers.
CCL has a fleet of railcars that are loaded on site and distributed throughout the
United States and Mexico utilizing other local businesses such as Corpus Christi
Terminal Railroad, Burlington Northern and Union Pacific Railways. This fleet helps
meet the total company needs.
CCL also utilizes Port of Corpus Christi facilities when they receive vessels and
barges at Docks #1 and #2, thus creating revenue for the Port.
Purchases of manufacturing, maintenance and general services are sought out from
local vendors whenever possible,
Page 1 of 3
AN ORDINANCE
AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE AN
iNDUSTRIAL DISTRICT AGREEMENT, EFFECTl'JE AS OF FEBRUARY
12, 2002, WITH CORPUS CHRISTI LIQUID, INC. AS LESSEE AND
IMPROVEMENTS OWNER, PURSUANT TO ~ 42.044 TEXAS LOCAL
GOVERNMENT CODE AND PURSUANT TO ORDINANCE NO. 022360,
AND TO FILE THE AGREEMENT IN THE OFFICIAL RECORDS OF
NUECES COUNTY, TEXAS; PROVIDING FOR PUBLICATION;
PROVIDING FOR SEVERANCE; AND DECLARING AN EMERGENCY.
WHEREAS, the City Council has determined that this ordinance 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 City Manager, or his designee. is authorized to execute an IndustJial
District Agreement with CORPUS CHRISTI LIQUID, INC., AS LESSEE AND
IMPROVEMENTS OWNER, pursuant to ~ 42.044 TEXAS LOCAL GOVERNMENT CODE
and Ordinance No. 022360. This Industrial District Agreement shall be effective on
February 12, 2002, and the City Manager shall file the Agreement and a certified copy of
this ordinance in the Official Records of Nueces County, Texas. A copy of said agreement
is attached as Exhibit "A".
SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, word
or provision of this ordinance is held invalid or unconstitutional by final judgment of a court
of competent jurisdiction, that 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 unless said holding has the effect of
diminishing the revenue payable to the City under any agreement entered into under this
ordinance.
SECTION 3. Publication will be made in the official publication of the City of Corpus
Christi as required by the City Charter of the City of Corpus Christi.
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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 this the 12th day of February, 2002.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa, City Secretary
Samuel L. Neal, Jr., Mayor
LEGAL FORM APPROVED 6 February 2002
James R. Bray, Jr.
City Attorney ~
By ~~p4~
Doyle Curtis
Senior ssistant City Attorney
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Corpus Christi, Texas
day of
,20
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance an
emergency exists requiring suspension of the Charter rule as to consideration and voting
upon ordinances at two regular meetings: IIwe, therefore, request that you suspend said
Charter rule and pass this ordinance finally on the date it is introduced, or at the present
meeting of the City Council.
Respectfully,
Respectfully,
Samuel L. Neal, Jr., Mayor
The City of Corpus Christi
Councilmembers
The above ordinance was passed by the following vote:
Samuel L. Neal, Jr., Mayor
Rex A. Kinnison
Brent Chesney
Javier D. Colmenero
Henry Garrett
Bill Kelly
John Longoria
Jesse Noyola
Mark Scott
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Page 1 of 12
INDUSTRIAL DISTRICT AGREEMENT NO. ---
THE STATE OF TEXAS s
COUNTY OF NUECES S
CITY OF CORPUS CHRISTI S
This Agreement made and entered into by and between the CITY OF CORPUS
CHRISTI, TEXAS, a municipal corporation of Nueces County, Texas, hereinafter called
"CITY", and Corpus Christi Liquid, Inc.,hereinafter called Lessee and Improvements
Owner, a [state] corporation, Owner of Improvements on, and Lessee
of land owned by, the Port of Corpus Christi Authority of Nueces County, Texas,
hereinafter collectively called "COMPANY".
WIT N E SSE T H:
WHEREAS, it is the established policy of the City Council of the City of Corpus Christi,
Texas, to adopt reasonable measures permitted by law which will tend to enhance the
economic stability and growth of the City and its environs and which will attract the location
of new and expansion of existing industries therein, and such policy is hereby reaffirmed
and adopted by this City Council as being in the best interest of the City and its citizens:
and
WHEREAS, Company is the owner or lessee of land or owner of improvements on land
within the extraterritorial jurisdiction of the City of Corpus Christi, which land shall upon
execution of this agreement by the City be known as "Corpus Christi Industrial District No.
," and which land is more particularly described in Exhibit "A" attached hereto, and
incorporated herein for all purposes, herein called "said land" and upon which Company
has either constructed (and/or contemplates) the construction or expansion of
improvements; and
WHEREAS, pursuant to said policy and the provisions of Section 42.044, Texas Local
Government Code, City has enacted Ordinance No. 15898. as amended, including without
limitation amendments by Ordinance Nos. 022092 and 022360, incorporated for all
purposes, indicating its willingness to enter into industrial district agreements with
industries located within its extraterritorial jurisdiction and designating areas located in its
extraterritorial jurisdiction as industrial districts, herein collectively called 'Districts', and
Ordinance No. 15949 designating land areas as Corpus Christi Industrial Development
Area NO.1 and Corpus Christi Industrial Development Area No.2, if such industries no
later than December 15, 1995, (or later for subsequently acquired land as provided in the
ordinance) submit substantially complete executed contracts to the City Manager; and
WHEREAS, City desires to encourage the updating, expansion and growth of industries
within said Districts and for such purpose desires to enter into this Agreement with
Company.
NOW , THEREFORE, in consideration of the premises, the mutual agreements of the
parties herein contained and pursuant to the authority granted under Section 42.044,
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Page 2 of 12
Texas Local Government Code, and the Ordinances of City referred to above, City and
Company hereby agree as follows:
I.
City covenants and agrees that during the term of this Agreement, and subject to the terms
and provisions hereof, said land shall retain its extraterritorial status as an industrial district
and shall continue to retain such status until and unless the same is changed pursuant to
the terms of this Agreement. Except as herein provided City further covenants and agrees
that said land shall be immune from annexation.
During the term hereof City shall have no obligation to extend to said land any City services
except fire protection in the event Company makes additional payments to City under
Article III(d) hereof, and such other City services as are being provided to and paid for by
Company on the date hereof.
Further, City and Company agree that during the term hereof, City shall not require with
respect to said land compliance with its rules or regulations (a) governing zoning and
platting of said land or any additions thereto outside the City limits and in an industrial
district; provided, however, Company further agrees that it will in no way divide said land
or additions thereto without complying with State law and City ordinances goveming
subdivision of land, including the provisions of Article XI of this Agreement; (b) prescribing
any building, electrical, plumbing or inspection code or codes; or (c) prescribing any rules
governing the method of operations of Company's business, except as to those regulations
relating to the delivery of utility services and industrial waste disposal through City owned
facilities.
Company covenants and agrees that during the term hereof, Company will not use, or
permit the use of, the land and improvements covered by this Agreement for purposes not
included within the term "industry" as defined in Section 2 of Ordinance No. 15898, as
amended. Holding said land and improvements for future "industry" use, without using
same for non-industry purposes, does not violate this paragraph.
II.
The term of this Agreement shall be ten (10) years beginning on the first day of January
1995, and continuing until December 31,2004, unless extended for additional period or
periods of time upon mutual consent of Company and City as provided by the Municipal
Annexation Act; provided, however, that in the event this Agreement is not so extended for
an additional period or periods of time on or before March 31 of the final calendar year of
the term hereof, then the immunity from annexation granted herein shall terminate on that
date, but all other terms of this Agreement shall remain in effect for the remainder of the
term; provided, however, the effective date and time of such annexation shall be no earlier
than midnight of December 31 of such final year of the term.
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Page 3 of 12
III.
Each year during the term hereof. Company shall pay to City:
(a) An amount in lieu of taxes on said land (excluding improvements and personal property
located thereon) equal to one hundred percent (100%) of the amount of ad valorem taxes
based upon the market value of said land which would otherwise be payable to City by
Company if said land were situated within the city limits of City.
With respect to any new land acquired by Company after January 1, 1981, located in the
extraterritorial jurisdiction of City, and the use of which relates directly to the primary use
of the parent tract, such new land shall be included in Company's land known as said land,
and shall be considered in calculating the in lieu of tax payment on said land as of January
1 of the first year following the date which such new land is acquired by Company. In
addition, Company shall provide City a revised Exhibit "A" which includes a complete
description of such new land.
(b) An amount in lieu of taxes on improvements (excluding personal property) located on
said land equal to sixty percent (60%) of the amount of ad valorem taxes which would
otherwise be payable to City by Company if said improvements were situated on land
within the city limits of City. "Improvements" shall be as defined in Section 1.04(3) of the
Texas Tax Code, and shall also include petroleum and/or chemical refining, processing,
extraction or storage facilities, structures, or equipment erected on or affixed to the land,
regardless of the land ownership, and pipelines on, under, or across the land which are
owned by the Company.
On or before March 31 of each year durin9 the term of this Agreement, Company shall
provide to City's Collection Section a written statement of its opinion of the market value
sworn to by an official of Company authorized to do the same.
(c) With respect to any new improvements or facilities, which are hereby defined as those
being completed after January 1, 1974, Company shall pay to City six percent (6%) each
for the first and second years of use, seven percent (7%) each for the third and fourth
years of use, and eight percent (8%) for each year of use thereafter rather than the
percentages of the amount of ad valorem taxes as calculated in paragraph (b) above, Le.,
12% the second year in use, 19% the third year in use, 26% the fourth year in use, 34%
the fifth year in use, etc. Payments under this provision shall never exceed sixty percent
(60%). The first year of use for purposes of this new improvements payment shall be
deemed to commence on the first day of January next following the date which the new
improvements are placed in use. This provision shall apply to construction of new
improvements or facilities and to the expansion of existing improvements or facilities on
said land. New improvements or facilities not included within this paragraph (c) shall be
deemed to be included within the provisions of paragraph (b) above.
(d) An additional amount for City fire protection equal to fifteen percent (15%) of the
amount which would be payable on 100% of assessed value of improvements located in
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Page 4 of 12
said land notwithstanding the provisions of paragraph (b) above; provided, however, that
if and as long as Company is a member in good standing of the Refinery Terminal Fire
Company, or its successor, it shall not be obligated to pay the additional amount provided
by this paragraph (d).
(e) At the request of Company, as an alternative to the method of calculation set forth in
paragraphs (a) through (d) above, the Company may make a payment which is determined
by considering, using the method of calculation set forth in paragraphs (a) through (d)
above, said land and all other lands contiguous to said land, or forming an integral part of
Company's primary operation located on said land, owned by Company inside the city
limits as if all the value of Company's lands above described and improvements thereon
were outside the city limits, and deducting from the amount which would otherwise be due
from such calculation the property taxes actually due to City resulting from the assessed
values of land and improvements, excluding personal property, located inside the City. If
Company selects such alternative procedure, the amount due to City under this section
shall be the resulting difference. In addition, Company shall provide City, by attaching
hereto as Exhibit "8", a complete description of the lands contiguous to said land, or
forming an integral part of Company's primary operation located on said land, owned by
Company inside the city limits.
With respect to any new land acquired by Company after January 1, 1981, located inside
the city limits, which is contiguous to said land, or forms an integral part of Company's
primary operation located on said land, such new land may be considered in the alternative
method of calculating the in lieu of tax payment as stated above, as of January 1 of the
first year following the date which such new land is acquired by Company. Company shall
provide City a new or revised Exhibit "8" which includes a complete description of such
new land. Provided, however, this provision can only be used by a Company that was
utilizing this provision on December 31, 1994, only with respect to Land reflected in Exhibit
"8" to that Company's Industrial District Agreement with City as of said date, and only for
so long as the alternate in this paragraph is continuously used.
IV
(a) Company agrees to pay to City on or before January 31 of the year following each year
during the term hereof all payments in lieu of taxes provided for hereunder without discount
for early payment. The present ratio of ad valorem tax assessment used by City is one
hundred percent (100%) of the fair market value of property. Any change in such ratio
used by City shall be reflected in any subsequent computations hereunder. This
Agreement and the method of determining and fixing the amount of in lieu of taxes
payments hereunder shall be subject to all provisions of law relating to determination of
market value and taxation, including, but not limited to, laws relating to rendition,
assessment, equalization and appeal.
(b) In determining all amounts in lieu of taxes to be paid by the Company under this
Agreement, the calculation shall be made without reference to the exemption for pollution
control property in Section 11.31, Texas Property Tax Code, and Article VIII, Section 1-1,
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Page 5 of 12
Texas Constitution, as same presently exist or may be hereafter amended. In addition, all
such amounts shall be calculated without reference to any new tax exemption or any
increase in an existing tax exemption enacted after January 1, 1995.
v
In the event Company elects to protest the valuation set on any of its properties by City for
any year or years during the term hereof, it is agreed that nothing in this Agreement shall
preclude such protest and Company shall have the right to take all legal steps desired by
it to reduce the same as if such property were located within the City, except with regard
to the exemptions in Part IV(b). Notwithstanding any such protest by Company, Company
agrees to pay to City an initial in lieu of tax payment on or before the date therefor
hereinabove provided, of at least the amount of the payment in lieu of taxes on said land
and improvements which would be due by Company to City hereunder on the basis of
renditions filed by Company with City's Collection Section for that year or on the basis of
the assessment thereof for the last preceding year, whichever is higher. When the
valuation on said property has been finally determined, either as the result of final
judgment of a court of competent jurisdiction or as the result of other final settlement of the
controversy, then within thirty (30) days thereafter Company shall make ") City any
additional payment due based on such final valuation. If as a result of final judgment of
a court of competent jurisdiction, or as the result of other final settlement of the
controversy, the valuation of Company's property is established as an amount less than
the amount used to compute the initial in lieu of tax payment for such year by Company,
then within thirty (30) days thereafter City shall make to Company any payment due based
on the difference between the initial payment and that which is computed based on the
final settlement.
VI
(a) In the event Company fails or refuses to comply with all or any of the terms, conditions
and obligations herein imposed upon the Company, then this Agreement may be
terminated at the option of City and/or the City may elect to sue to recover any sum or
sums remaining due hereunder or take any other action which in the sole discretion ofthe
City it deems best. In the event the City elects to sue to recover any sum due under this
Agreement, the same penalties, interest, attorney's fees, and cost of collection shall be
recoverable by the City as would be in a suit to recover delinquent ad valorem taxes. If the
Company is an industry covered by the third paragraph of Section 2 of Ordinance 15898,
as amended, failure to comply with the terms of that paragraph shall constitute grounds for
termination of this Agreement, provided however, that the Company shall be given written
notice of the grounds for termination and if within sixty (60) days the Company complies
or demonstrates a satisfactory plan of compliance (where compliance requires more than
sixty (60) days) the Agreement shall not be terminated.
(b) City shall be entitled to a tax lien on said land and improvements, in the event of
default in payment of in lieu of taxes payments hereunder, which may be enforced by City
in the same manner as provided by law for the collection of delinquent ad valorem taxes.
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Page 6 of 12
(c) In the event City breaches this Agreement by annexing or attempting to pass an
ordinance annexing any of said land, Company shall be entitled to enjoin City from the date
of its breach for the balance of the term of this Agreement, from enforcing any annexation
ordinance adopted in violation of this Agreement and from taking any further action in
violation of this Agreement. If Company elects to pursue this remedy, then so long as City
specifically performs its obligations hereunder, under injunctive order or otherwise,
Company shall continue to make the annual payments required by this Agreement.
(d) In the event Company uses, or permits use of, the land and improvements covered by
this Agreement for purposes not included within the term "industry" as defined in Section
2 of Ordinance 15898, as amended, the payment in lieu of taxes to be paid by Company
under this Agreement shall be increased to an amount equal to one hundred percent
(100%) of the amount of ad valorem taxes on land, improvements, and personal property
sited on the land which would otherwise be payable to City by Company if said
improvements were situated on land within the city limits of City. Such increase shall be
immediately effective for all payments from the inception of this Agreement. and Company
shall transmit to the City within 10 days of being notified by City of the determination of a
non-industrial use, an amount equal to said one hundred percent (100%) of ad valorem
taxes from the inception of this Agreement, less any amounts previously paid, plus
penalties and interest as if such amounts were delinquent taxes. City shall be entitled to
its attorneys fees and other costs in collecting any such amounts. In addition, City shall
have the right, in its sole and absolute discretion: (1) to obtain an injunction from a court
of competent jurisdiction, upon the court's determination that the use is not an "industry"
use, requiring that the use be permanently discontinued, or (2) to annex the land covered
by this Agreement. Until the land is annexed, Company shall continue to make payments
equal to said one hundred percent (100%) of ad valorem taxes.
VII
Company agrees to provide to City at Company's expense, a survey plat and field note
description of said land. With respect to Company's acquisition of new land, as described
in Article III(a) above, which becomes included in said land, Company agrees to provide
to City at Company's expense, a survey plat and field note description of such new land.
VIII
If any attempt to annex any of said land owned, used, occupied, leased, rented or
possessed by Company, is made by another municipality, or if the incorporation of any new
municipality should be attempted so as to include within its limits such land or property,
the City shall seek a temporary and permanent injunction against such annexation or
incorporation, with the cooperation of Company, and shall take such other legal action as
may be necessary or advisable under the circumstances. The cost of any such legal action
shall be borne equally by the parties hereto; provided, however, the fees of any special
legal counsel shall be paid by the party retaining same.
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In the event City and Company are unsuccessful in obtaining a temporary injunction
enjoining such attempted annexation or incorporation, Company shall have the option of
(1) terminating this Agreement, effective as ofthe date of such annexation or incorporation,
or (2) continuing to make the in lieu of taxes payments required hereunder. Such option
shall be exercised within thirty (30) days after the application for such temporary injunction
is denied. In the event Company elects to continue such in lieu oftaxes payments, the City
shall place future payments hereunder together with part of the payment for the calendar
year in which such annexation or incorporation is attempted, prorated to the date such
temporary injunction or relief is denied, in a separate interest-bearing escrow account
which shall be held by City subject to the following:
(a) In the event final judgment (after all appellate review, if any, has been exhausted) is
entered denying a permanent injunction and/or uphOlding such annexation or incorporation,
then all such payments and accrued interest thereon shall be refunded to Company; or
(b) In the event final judgment (after all appellate review, if any, has been exhausted) is
entered granting a permanent injunction and/or invalidating such annexation or
incorporation, then all such payments and accrued interest thereon shall be retained for
use by City.
IX
The benefits accruing to Company under this Agreement shall also extend to Company's
"affiliates" and to any properties presently owned or acquired by said affiliates within the
area described in Exhibit "A" to this Agreement, and where reference is made herein to
land, property and improvements owned by Company, that shall also include land and
improvements presently owned by its affiliates. The word "affiliates" as used herein shall
mean (1) all companies with respect to which Company directly or indirectly, through one
or more intermediaries at the time in question, owns or has the power to exercise control
over fifty percent (50%) or more of the stock having the right to vote for the election of
directors; or (2) all corporations which are members of a "controlled group of corporations"
(as that term is defined in Section 1563(a) of the Internal Revenue Code of 1954, as
amended) of which the Company is a member.
X
This Agreement shall inure to the benefit of and be binding upon City and Company, and
upon Company's successors and assigns, affiliates and subsidiaries, and shall remain in
force whether Company sells, assigns, or in any other manner disposes of, either
voluntarily or by operations of law, all or any part of said land, and the agreements herein
contained shall be held to be covenants running with said land for so long as this
Agreement or any extension thereof remains in force.
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Page 8 of 12
XI
(a) Whenever the Company sells a contiguous portion of said land to another industry as
defined in Ordinance No. 15898, as amended, then platting of such property may be
deferred under the following conditions:
(i) The seller shall submit for approval by the City Council a site plan indicating the
proposed water, sewer, drainage, access, and street plans for said land; and
(ii) 80th the buyer and the seller shall enter into an agreement with the City requiring the
platting of said land in the event the buyer's use of the property materially changes from
the permitted uses described above, or if the Company's industrial district agreement
terminates without extension.
The seller shall remain solely responsible for any payments in lieu of taxes attributable to
the buyer's holdings on the property unless the buyer has entered into a supplemental
industrial district contract with the City concerning such holdings.
(b) Whenever the Company properly plats, subdivides and conveys to a buyer other than
an affiliate a portion of the lands described in Exhibit "A" and/or Exhibit "8", company shall
furnish to the City's Collection Section a revised Exhibit "A" and/or Exhibit "8", which
revised exhibit or exhibits shall constitute an amendment to this Agreement, effective for
the calendar year next following the calendar year in which the conveyance occurred.
Seller shall remain solely responsible for any payments in lieu of taxes for the calendar
year in which the conveyance occurred. Thereafter, the buyer shall be responsible for
such payments including any rollback payments under Part VI(d). In the event the
Company improperly plats, subdivides or conveys a portion of the lands described in
Exhibit "A" or Exhibit "8", Company shall remain solely responsible for any payments in lieu
of taxes applicable to such property, including improvements thereon, and including any
rollback payments under Part VI(d), as if no such conveyance had occurred.
XII
Except for industrial districts in the Gulf of Mexico created pursuant to Section 11.0131 of
the Texas Natural Resources Code, if City enters into an agreement with any other
landowner, within the extraterritorial jurisdiction of the City, engaged in a similar industry,
as classified by Major Group according to the Standard Industrial Classification Manual
1987 or enters into a renewal of any existing industrial district agreement with an industry
of the same classification which contains in lieu of tax payment terms and provisions more
favorable to such landowner than those in this Agreement, Company and its assigns shall
have the right to either terminate this Agreement, or amend this Agreement to contain such
more favorable in lieu of tax payment terms and provisions. "Similar industry" shall not
include any tourist-related business or facilities under Section 42.044, Texas Local
Government Code.
H:\LEG-DIR\DoyleOCurtis\MYDOCS\2002\ORD2002. 1 OO\Ordinanc. es\lndDist.Agr\Agreement\Corpus.Christi. Liquid, Inc.Agr.wpd
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Page 9 of 12
XIII
In all of its procurements, including, but not limited to, procurements of supplies, materials,
equipment, service contracts, construction contracts, and professional services contracts,
the Company shall use reasonable efforts to procure same from businesses located within
Nueces and San Patricio Counties unless same are not reasonably and competitively
available within said area. The Company shall make reasonable efforts to determine local
availability and competitiveness but shall not be required to maintain records regarding this
requirement other than those normally kept in its usual course of business.
XIV
In the event anyone or more words, phrases, clauses, sentences, paragraphs, sections,
articles or other parts of this Agreement or the application thereof to any person, firm,
corporation or circumstances shall ever be held by any court of competent jurisdiction to
be invalid or unconstitutional for any reason, then the application, invalidity or
unconstitutionality of such words, phrase, clause, sentence, paragraph, section, article or
other part of the Agreement shall be deemed to be independent of and separable from the
remainder of this Agreement and the validity of the remaining parts of this Agreement shall
not be affected thereby, unless such holding has the effect of diminishing the revenues
payable to City hereunder.
XV
Upon the commencement of the term of this Agreement, all other previously existing
industrial district agreements with respect to said land shall terminate.
This Agreement may be executed in multiple counterparts, each of which is deemed an
original.
ENTERED into this __' day of.
,20
ATTEST:
[name of entity]
LANDOWNER
Name:
Title:
By
Name:
Title:
ATTEST:
[name of entity]
LESSEE AND IMPROVEMENTS OWNER
Name:
Title:
By:
Name:
Title:
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Page 10 of 12
ATTEST:
CITY OF CORPUS CHRISTI
By:
DaVid R. GarCia, City Manager
Armando Chapa, City Secretary
By:
Curtis, Senior Assistant City Attorney
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Page 11 of 12
LANDOWNER ACKNOWLEDGMENT
THE STATE OF
COUNTY OF
s
s
Before me
state of
(name of notary), notary public of the
on this day personally appeared
, known to me and proved to me through his/her driver's
license number , to be the person whose name is subscribed to
the foregoing instrument and acknowledged to me that he/she executed the same for the
purposes and consideration therein expressed.
[Seal]
Given under my hand and seal of office this.
2000.
day of
.' A.D.,
Notary Public, State of
Printed Name:
My Commission expires:
LESSEE AND IMPROVEMENTS OWNER ACKNOWLEDGMENT
THE STATE OF s
COUNTY OF S
Before me
state of
[name of notary], notary public of the
, on this day personaily appeared.
, known to me and proved to me through his/her driver's
license number , to be the person whose name is subscribed
to the foregoing instrument as the of Corpus Christi Liquid,
Inc., a .[state) corporation, and acknowledged to me that he/she
executed the same in the capacity therein stated for the purposes and consideration
therein expressed and on behalf of said corporation.
[Seal]
Given under my hand and seal of office this
2000.
day of
, A.D.,
Notary Public, State of
Printed Name:
My Commission expires:
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Page 12 of 12
CITY OF CORPUS CHRISTI ACKNOWLEDGMENT
STATE OF TEXAS S
COUNTY OF NUECES S
This instrument was acknowledged before me on ,200_, by David R.
Garcia, City Manager of the City of Corpus Christi, a Texas municipal corporation, on
behalf of said corporation.
Notary Public, State of Texas
Printed Name:
My Commission expires:
H :\LEG-DIR\DoyleDCurtis\MYDOCS\2002\ORD2002. 1 OO\Ordinanc.es\lndDist.Agr\Agreement\Corpus.Christi.Liquid,Inc.Agr.wpd
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REAL ESTATE
OWNED REAL ESTATE:
None
LEASED REAL ESTATE:
5.83 acre tract ofland leased from the Port of Corpus Christi Authority ofNueces County, Texas,
pursuant to a lease dated January 16, 1996, particularly described by the field notes below and Ji.dil...
described by plat shown on Exhibit "A" attached hereto, including all improvements situated th-..
BEING a 5.83 acre tract ofland (not based on an on the ground survey) in Nueces County, Texas,
of the Port of Corpus Christi Authority, located approximately 1.5 miles Northwest of the Coaaty
Courthouse and bounded on the East by the Sigmor Road, the South by Navigation Blvd, and the
',Vest ana Eas. OJ omer PC c... ',acam "'-Uu ana more particulariy described by meJ:es and bo~ds as
fonows:
BEGINNING at a point along CCfA Railroad Track Number 800(5) at CCI'A Station 39 + 0.58;
TImNCE, N. 1 deg. 24' W., 75 feet to a point, said point being the Southeast comer of thiS tract ad
. POINT OF BEGINNING.
TImNCE, N. 1 deg. 24' W., 392.5 feet to a point, said point being the Northeast comer of this trxC;
TIIENCE, S. 88 deg. 36' W., 646.4 feet to a point, said point being the Northwest comer of this
tract;
TImNCE, S. 1 deg. 24' E, 392.5 feet to a point, said point being the Southwest comer of this tract;
THENCE, N. 88 deg. 36' E, 315 feet to the POINT OF BEGINNING of this tract, said tnc:t
containing 5.83 acres ofland, more or less.
TlIIIk No. 1306 needs a new floor as has been revealed to Purchaser.
As previously revealed to Purchaser, the Port of Corpus Christi Lease resce:ves the rlgIIt to
the Port to require the Lessee to remove the former TexlICO tanks at the termination of the !else.
.
alClMlt'eYjml2.tdJ'aI 01-11-00
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PORT Of' CORPUS CHRISTI. AUTHORITY
CORPUS CHRISTI L10UIDS
5.83 ACRE LEASE
SCIU: ," --200'
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16
CITY COUNCIL
AGENDA MEMORANDUM
PRESENTATION
February 19,2002
AGENDA ITEM: Presentation on the status of Packery Channel
CITY STAFF PRESENTER(S):
Name
1. 'Angel R, Escobar
Title
Director
DeptlDivision
Engineering Services
OUTSIDE PRESENTER(S):
Name
1. Arthur Janecka, P.E.
Title/Position
Chief Executive
Project Management
Division
Organization
Corps of Engineers
2. Carl M. Anderson, P.E.
Project Manager
Corps of Engineers
ISSUE: This is presentation on the status of the Packery Channel project by the
Corps of Engineers,
BACKGROUND: The Water Resources Development Act of 1999 authorized the
North Padre Island Storm Drainage Reduction and Environmental Restoration
project of which the City of Corpus Christi was the local sponsor. On April 7, 2001,
city voters approved a proposition to create a tax increment financing district on Padre
Island with the intent to support the dredging and reopening of Packery Channel. The
Corps of Engineers is responsible for all plan preparation and construction of the channel
cleanout, jetty and bulkhead installation and beach renourishment. Currently, plans are
95% complete with an anticipated completion date of early March 2002.
REQUIRED COUNCIL ACTION:
None Required.
~ PLo:::/;<//CZ?-
(o1<-(Department Head Signature) .
North Padre Island Project
(Packery Channel)
Carl Anderson
Project Manager
• The Secretary is directed to carry out a project for
ecosystem restoration and storm damage reduction
at North Padre Island, Corpus Christi Bay, Texas, at
a total estimated cost of $30,000,000, with an
estimated Federal cost of $19,500,000 and an
estimated non -Federal cost of $10,500,000, if the
Secretary determines that the work is technically
sound and environmentally acc___ eDtable......
Reach 2
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Channel Sections
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Comparison of Plans
• Sponsor's Plan Current Plan
1 140 ft. 2 80 ft.
Channel
1 140 ft. 2 80 ft.
Width
1 -16 ft. 2 - 8 ft.
Channel Depth 1 -16 ft. 2 -8 ft.
Dredge
1 1251200 cy
1001000 cy
Quantities
2 7741000 cy
Dredge
Bulkheads — 241,200 cy
Beach — 1,000,000 cy
Placement
Beach - 658,000 cy
Land — 845 ft.
Jetty Length
Land — 700 ft.
Water — 1400 ft.
(No Spur
Water — 1430 ft.
Jetty)
100,000 cy/yr.
Maintenance
1 3,400 cy/yr. 5 years
2 64,750 cy/yr. 2 years
Included
Recreation
Not Included
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Project Schedule
• Mar -Apr 02 - Public & Agencies Review of
Draft EIS
• Late Mar 02 - Public Meeting
• Mid May 02 - Finalize EIS
• May - Aug 02 - Headquarters Review of
Project Report
• Aug 02 - ASA(CW) Approval of Project
• Sep 02 -Execution of PCA
Construction Schedule
• Sep 02 - Advertise Construction Contract
• Dec 02 - Award Construction Contract
• Feb - Aug 03 - Construct Jetty Foundations
• Aug 03 - Aug 04 - Construct Rock Jetties
• Aug 03 - Feb 04 - Construct Bulkheads
• Aug - Nov 03 - Const. Bridge Fender Sys.
• Nov 03 - May 04 - Dredge Reach 2
• Aug 04 - Feb 05 - Dredge Reach 1
Major Milestones
Before Construction
• May 02 -Complete Final EIS
• Aug 02 -Approval of Project Report by HQ
• Aug 02 -Approval of Project by ASA(CW)
• Sep 02 -Execution of PCA by Corps and
City of Corpus Christi
• Oct 02 -Funding for Project by Congress
17
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CITY COUNCil
AGENDA MEMORANDUM
PRESENTATION
City Council Meeting - February 19, 2002
AGENDA ITEM:
Presentation on Corpus Christi Parks.
CITY STAFF PRESENTER(S):
Name
1. Marco A. Cisneros
2.
3.
Title
Director
Dept/Division
Park and Recreation
ISSUE:
The City Council has requested that staff make a presentation regarding the Corpus
Christi Parks. This presentation is in answer to that request.
REQUIRED COUNCIL ACTION:
None required.
l\....CL<...-<-<; .>t.j tc~,,-,
Marco A. Cisneros, Director
Park and Recreation Department
Exhibits
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Corpus Christi Parks
Presentation
February 19, 2002
Presentation Overview
. Park Statistics
. Park Land Acquisition
. Park Development
. Park Types
· Park Maintenance
. Park Maintenance Intervals
. Park Program Improvements
1
"
. .
Park Statistics
· 191 Park Sites - Developed and
Undeveloped Sites
· 171 Developed Parks
· 52 mile travel route from Labonte
Park to Gypsy Park
· Riding Mower/Tractor Fleet - 206
foot wide cut, equipment laid side by
side
Park Land Acquisition
· Private Donation - Guth Parks
· Parkland Dedication - Falcon Park
· Federal Donation - Bill Witt Park
. State Lease - Corpus Christi Beach
· City Purchase - Ocean View Park
"
2
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Park Types
· Historical Parks - Artesian Park
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Artesian Park, Oldest City Park, Circa 1854
6
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Park Types
· Historical Parks - Artesian Park
· Athletic Complex Parks - Price Park
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Runyan Field
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Park Types
· Historical Parks - Artesian Park
· Athletic Complex Parks - Bill Witt Park
· Open Space Parks - Oso Creek Park
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Park Types
· Historical Parks - Artesian Park
· Athletic Complex Parks - Bill Witt Park
· Open Space Parks - Oso Creek Park
· Pocket Parks - South Fork Park
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Park Types
· Historical Parks - Artesian Park
· Athletic Complex Parks - Bill Witt Park
· Open Space Parks - Oso Creek Park
· Pocket Parks - South Fork Park
· Neighborhood Parks - Sgt. Prieto Park
13
Sgt. Prieto Park
14
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II
-
Park Types
· Historical Parks - Artesian Park
· Athletic Complex Parks - Bill Witt Park
· Open Space Parks - Oso Creek Park
· Pocket Parks - South Fork Park
· Neighborhood Parks - Sgt. Prieto Park
· Community Parks - West Guth Park
15
West Guth Park
16
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Park Development
· Bond Programs
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Southfork Park
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Park Development
· Bond Programs
· Grant Programs
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Park Development
· Bond Programs
· Grant Programs
· Private Development Programs
21
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Park Development
· Bond Programs
· Grant Programs
· Private Development Programs
· Adopt-A-Park Programs
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Park Development
· Bond Programs
· Grant Programs
· Private Development Programs
. Adopt-A-Park Programs
· Emergency Repairs Programs
24
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Oso Creek Park
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Park Development
· Bond Programs
· Grant Programs
· Private Development Programs
· Adopt-A-Park Programs
· Emergency Repairs Programs
· Vandalism Repairs
26
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Oso Creek, shotgun damaged shelter
Oso Creek Park, ruts into park
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28
14
Park Maintenance
· District Orientation
- District I Operations (Downtown)
- District II and III Operations (Rest of
the City)
· Building and Grounds Crews
· Mow and Trim Crews
· Irrigation Crews
"J
Maintenance continued
· Construction Crew
· Community Volunteers
· Court-appointed Service Volunteers
· Park Leases to Youth and Adult
Athletic Organizations
3D
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Park Maintenance Intervals
· Park Maintenance Categories
- A - High Visibility and Public Use
- B - Medium Visibility and Regular Use
- C - Low Visibility and Minimal Use
- R - Restrooms and Trash Pick Up
· Park Maintenance Intervals
-A - Week to 10 Days
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Intervals continued
-B - 20 to 30 Days
-C - 30 to 45 Days
- R - Daily to Twice per Week
33
Hans & Pat Suter Wildlife Refuge, Dumping Trash"
.
17
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Park Improvements Program
· Sale / Disposal of Surplus Park Land
· Outsourcing of Non-Parks ROW
Mowing Operations
· Outsourcing of Island Parks and
Park Road 22 Grounds Maintenance
· Implement Private / Public
Partnerships
35
Improvements continued
· CDBG Park Grants
· State and Federal Grants
36
18
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Bay Trail, Cole Park, Oleander Point
J7 _J
Improvements continued I
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· CDBG Park Grants
· State and Federal Grants
38
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McGee Beach
39
Improvements continued
· CDBG Park Grants
· State and Federal Grants
· Bond 2000 Projects
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41
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Greenwood Fields
42
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Improvements continued
· CDBG Park Grants
· State and Federal Grants
· Bond 2000 Projects
· Future Bond Program Projects
43
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McCaughan Park
44
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Improvements continued
· CDBG Park Grants
· State and Federal Grants
· Bond 2000 Projects
· Future Bond Program Projects
· Park Operations Study
· Park System Master Plan
45
Park System ~laster Plan
· Includes:
.- Inventory of existing park sites and
facilities
- Needs assessment by telephone survey
-. Public hearings for citizen input
- Development of park concepts and
standards
- Final analysis and recommendations
46
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Master Plan continued
· Timeline:
- Inventory of parks system 9/01 - 11/01
- Mapping and data collection 10/01 - 12/01
- Telephone survey 12/01 - 1/02
- Public hearings 3/02 - 4/02
- City advisory committees presentations
4/02 - 5/02
- City Council presentation 5/02 - 6/02
- Master Plan adoption 6/02 - 7/02
47
Questions
48
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CITY COUNCIL
AGENDA MEMORANDUM
Date: February 8, 2002
SUBJECT: Proposed Re-naming of Bush Avenue
to Friendship Drive
AGENDA ITEM:
a. Public hearing for proposed re-naming of Bush Avenue to Friendship Drive
between West Point Road and So. Padre Island Drive.
b. Ordinance changing the name of Bush Avenue to Friendship Drive between West Point
Road and So. Padre Island Drive.
ISSUE: The City has received a request from Friendship Baptist Church, located and
addressed on a section of Bush Avenue between West Point Road and So. Padre Island
Drive, a one-block street section, to re-name this street to Friendship Drive (Exhibit 1).
REQUIRED COUNCIL ACTION: The Code of Ordinances specifies the process for the
naming and re-naming of public streets. This process requires the City Council to conduct a
public hearing to receive public comment on the proposed re-naming and to render a
decision. The City Secretary's Office has published notice of this public hearing and also
sent notices of the public hearing to all property owners on the one block section of Bush
Avenue between West Point Road and So. Padre Island Drive Ocean Drive.
RECOMMENDATION: Staff recommends Council conduct a public hearing to determine
whether adoption of the ordinance is warranted.
.-
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'# el R. Escobar, P.E.
Director of Engineering Services
ADDITIONAL SUPPORT MATERIAL
Background Information
Site Map - Exhibit 1
Applicant Request - Exhibit 2
Ordinance
AgMemBushAve-FriendshipDriveStreetRenam.202
Prooosed Re-Naminq of Bush Avenue to Friendship Drive
Page 1 013
11
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AGENDA MEMORANDUM
Additional Background Information
BACKGROUND:
Prior to the City Council's approved revisions to the City's ordinance for renaming of public
streets in October 2001, the City received the request from Reverend Kevin L. Pullam, Pastor
of Friendship Baptist Church located on 4726 Bush Avenue, to rename Bush Avenue to
Friendship Drive between West Point Road and So. Padre Island Drive. Therefore, this
request must be considered by the City Council under the provisions of the old street name
change ordinance, which provides that:
1. Applicant(s) must reside on or own property owner on the subject street section.
2. Applicant to provide list of owners and tenants whose residences on the subject
street.
3. $25 fee to accompany the application - - such fee intended to cover the cost for the
City's expenses to prepare notices to all affected property owners and tenants and
to publish a public notice.
4. City Manager sets date for public hearing by the City Council.
5. City Secretary provides notice to all affected property owners and tenants not less
than three days in advance of the public hearing.
6. On the date of the Council's public hearing, the Council renders decision or at some
other time convenient for the Council to continue the matter.
Prior Council Action I Policv on Re-naminCl Streets:
. City Council established an official Council policy in 1994 which declines to change the
names of streets in Corpus Christi except under unusual, extenuating circumstances
(Resolution 21901, 03-22-1994)
. City Council approved a resolution supporting the designation of State Highway 44
from the City Limits of Corpus Christi to the City Limits of Robstown, Texas, as the
Cesar Chavez Memorial Highway (Resolution 23377,07-16-1998)
. City Council approved the name "Northwest Boulevard" to supplement the State's F.M.
624 State-system designation of this street. In addition, Council approved re-naming
sections of Up River Road (to Leopard Street) and Leopard Street (to Interstate 37
Access) in the Northwest area for consistency purposes (Ordinances 023585-023588, 03-
23-1999).
. City Council approved the renaming of a single block section of Belden Street to Concrete
Street
(Ordinance 024351, 01-30-2001)
. City Council approved the renaming of Ocean Drive to Water Street (Ordinance 024493,
07-10-2001)
. City Council approved the renaming of Elbow Drive to Pescadores Drive (08-14-2001)
. City Council approved the revisions to the City's ordinance for renaming public streets
(10-09-2001 )
Prooosed Re-Namina of Bush Avenue to Friendshio Drive
Page 2 013
-,.-
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Street Description I Property Development
The subject section of Bush Avenue comprises a one-block section with a total street length
of 750-feet. Property development along this street is as follows:
West Side of Bush Avenue:
. Vacant property along the full west side of Bush Avenue, with two property owners of
separate lots.
East Side of Bush Avenue:
. One residential property addressed on and fronting onto West Point Road.
. Friendship Baptist Church located mid block on the east side of Bush Avenue
. Vacated business (previously operated as 'Van Antics') addressed on and fronting onto
So. Padre Island Drive). This property has been acquired by Friendship Baptist Church
for their church expansion.
. Additional midblock vacant property owned by Friendship Baptist Church
Potential Problems with Street Re-Naminq? The Staff fail to see any potential problems
or points of confusion with the renaming of Bush Avenue, as requested by the applicant.
Although Bush Avenue continues on the south side of So. Padre Island Drive, the two current
sections of Bush Avenue (north and south of So. Padre Island Drive) are discontinuous
(without grade separation at the So. Padre Island Drive Expressway). There is no known
opposition to the proposed street name change from affected property owners.
Review bv Citv Departments I Aqencies:
The offices of the City Traffic Engineer, Utilities Office Manager, Director of Planning,
Director of Engineering, Fire Chief, Police Chief, and U.S. Postmaster have each been
contacted for comments on the proposed street name change. No opposition has been
received from any of these officials.
Implementation Cost:
Implementation costs for the street name change, if approved, would be restricted to the cost
of replacing two (2) ground-mount street name signs located at the intersections of West
PoinUBush Avenue and So. Padre Island Drive/Bush Avenue. These signs are maintained
by the City. The estimated City cost for replacement of the existing street name signs with
the proposed name change is approximately $250. Street name change costs historically
have been borne by the City through its annual operating budget (Street Services
Department).
**.*****
Prooosed Re-Namina of Bush Avenue to Friendshio Drive
Page 3 of 3
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~1IIM1 SUBJECT: PROPOSED STREET NAME
= = CHANGE FOR BUSH AVENUE
SITE MAP
Traffic Engineering Dlv.
Engineering Services Dept.
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Friendship Baptist Church
Rev. Kevin Pullam
J\utor
Date: August 8, 2001
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From: Friendship Baptist Church
Re: Request for changing name of street
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Dear City Secretary:
Members of Friendship Baptist Church, 4726 Bush Street, are requesting the changing of the
street name from Bush to Friendship Drive.
Bush street intersects with S.P.I.D. and Westpoint, Friendship Church being the only building,
place of business, or residence on the street.
Attached is a list of allland/property owners that may be affected by the name change,
together with the last known addresses of each, a letter of petition with the names of the
church members in support of this name change request, as well as the letters sent to all
land/property owners requesting their signature in support of the name change.
If you have any questions regarding this request please contact me at (361) 854-6196. Thank
you for your consideration in this matter.
~~ \\~
Rev. Kevin L. Pullam
Pastor
"If yo II have the Faith, God has the Power"
4726 Bush AvenUe' P.O. Box 3543-78463 . Corpus Christi, TeXilS 78-/16 . rhOlle (361) 854.6196 . ElX (361) 852-4864
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Friendship Baptist Church
Rev. Kevill Pullam
Pastor
August 8, 2001
Dear Mr. Guadalupe Casarez:
Friendship Baptist Church, 4726 Bush Street, has purchased the property that sits on the
comer of S.P.I.D and Bush Street. The church is sending an application to the city in order to
petition the changing of the street name from Bush Street to Friendship Drive.
Because you and/or your property resides on Bush Street and may be affected by this change,
the city secretary requests your signature on this letter, in support of our efforts.
Attached is a stamped, self addressed envelope for your convenience in returning this letter,
once signed, to the church. Thank you for your support in this matter and if you have any
further questions or concems please contact the church office at (361) 854-6196.
Sincerely,
'i1U.1 a..tu.t w.uJJ:i.Ab
Melanie Westlake, Secretary
I,
Gvadb./voe /2 ('rtc,(,,...c"~-
. (Print Name)
, support Friendship Baptist Church in
the effort to change the Bush Street name to Friendship Drive.
~./ ILlCl.l.i/ yi1.( . ~(?"UJ ,z/!.<:.c/
(Signature) <7'
9- '1-;J.,co(
(Date)
"if you have the Faith. God has the Power"
4720 Blish AI'Ollle . po. BOX3543-78403 . Corp 115 christi, Texas 78410 . Phone (301) 854-0190 . ElX (301) 852-4804
NAME CHANGE PETITION
TO CHANGE BUSH STREET TO FRIENDSHIP DRIVE
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Chapter 49
STREETS AND SIDEWALKS*
Art. I.
In General, IA 49.1-49.19
Div. 1. (knerally, II 49-1-49-14
Div. 2. Temporary Closure of Streets. II 49-15-49-19
Street, Sidewalk, Curb and Gutter and Driveway Construc.
tion, i! 49-211-49-49
Div. 1. Generally, II 49-211-49-29
Div. 2. Sidewalks, Curbs and Gutters, II 49-30-49-39
Div. 3. Driveway Design and Construction Standards, ~~ 49-40-
49-49
Cuu and Excavations, AI 49-60-49-59
Cbaraes for Use of Rlghts-of.way, AA 49-60-49-79
Reserved, II 49-80-49-89
Street Lighu, I 49.90
Art. n.
Art. m.
Art. Iv.
Art. V.
Art. VI.
ARTICLE I. IN GENERAL
DMSION 1. GENERALLY
Sec. 49.1. Procedure for naming, renaming or changing
names of streets.
The following procedure is hereby established for the naming,
renaming or changing of names of streets, roads, alleys and
highways within the city:
(1) Persons who reside on or own property on any street,
road, alley or highway within the city that has a street
.Charter references-Authority to regulate, establish and change the grade
of streets and sidewalks. art. IX, ~ 17; powers and duties of appropriate
department relative to streets and sidewalks, art. IV; ~~ 41, 42.
Cro.. references-Erection of placards, etc., on streets. sidewalks, etc., * 3M!;
painting advertisements on streets and sidewalks. * 3-2; banners over public
streets, ~ 3-3; distribution of handbills in public streets, etc.. ~ 3-5; leaving paste
or glue used on billboards on streets, etc., ~ 3-21; riding bicycles on sidewalks, ~
11-8; sidewalk or street displays of food, ~ 19-32; sales of food on streets and
sidewalks, ~ 19-33; placing offensive matter on streets, etc., ~ 26-63; permit for
playing musical instruments on streets or sidewalks, ~ 31~1; location of oil wells in
streets or alleys, ~ 35-78; railroad trains blocking streets, 9 47-8; driving vehicles
on sidewalks, 9 53-96; one-way streets and alleys, 9 53-250.
State law references--General power of city relative to streets, see VT.C.S.
art. 1175 (16), (17); streets and alleys generally, arts. 1082 to 1085b; street
improvements generally, arts. 1086 to n05b.
Supp. No. 59
3987
1'1
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11
9 49-1 CORPUS CHRISTI CODE
address on said street. road, alley or highway who desire
to have the city council exercise its powers of fixing or
changing the name of said street, road, alley or highway
may file an application with the city secretary in writing,
directed to the city council.
(2) Such application shall contain an accurate description of
the street, road, alley or highway, or portion thereof, and
the name or names involved, so as to identify the location,
(3) Attached to such request shall be a list of all owners
and/or tenants whose residence or place of business is on
the streets, alleys, roads or highways affected by such
name change, together with the last known address of all
such owners. Unless all such owners sign the application
for fixing or changing such name, a fee of twenty-five
dollars ($25.00) shall accompany the application to the
city secretary for the preparation of notices, publishing
the notice as hereinafter provided, and mailing the notice
to those property owners whose names are not signed to
the application.
(4) Upon receipt of such application, where all owners have
signed, the city secretary shall present the same to the
city manager for the attention of the city council. Prior to
presentation to the city council, the city manager shall
infonn the traffic engineer, the director of public utilities,
the director of planning and urban development. the
director of engineering and physical development, the fire
chief and the police chief, of the application. Notice shall
also be fumished to the postmaster of the application.
requesting his comments on the same.
(5) On determination by the city manager that all those
named in. subsection (4) have been infonned of the appli-
cation, a date for public hearing shall be set, and upon the
setting such date for public hearing, notice shall be
published by the city secretary and written notice mailed
at least three (3) days in advance of the date set for public
hearing, to such property owners and tenants whose
names are not signed on the application and whose
residence or place of business is on the street, alley or
road affected.
Supp. No. 59
3988
m
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STREETS AND SIDEWALKS
~ 49-3
(6) On the date set for public hearing, the hearing shall be
held by the city council and decision made at such time or
at such other time as may be convenient for the council to
continue the matter. Upon any street name change being
made or established, a copy of the ordinance making such
change or establishment shall be furnished by the city
secretary to each of the aforementioned department heads
and to the postmaster of such action of the city council, and
the traffic engineering department shall, at th e direction
of the city manager, place street name signs in accordance
with the terms of the ordinance.
(Ord. No. 9446, ~ 1, 7-30-69; Ord. No. 12175, ~ 1, 7-17-74; Ord. No.
20485, ~ 1, 10-4-88)
Sec. 49.2. Obstructions generally.
Except as otherwise provided in this Code, no person shall
place any sign, rack, can, keg, barrel, box, junk or any character
of container, property or object or any obstruction whatsoever
upon any sidewalk, street or alley of the city, or permit the same
to remain thereon.
Nothing in this section shall apply to the placing of any
container npon any sidewalk that contains rubbish or trash for
the purpose of being hauled off by the sanitation division.
(Code 195 8, ~ 34-1; Ord. No. 18788, ~ 3, 4-9-85)
Cross references-Obstructing sidewalk by congregating, ete.. thereon, S
33-17; obstructing traffic. ~ 53-8.
Sec. 49-3. Procedures and standards for the closing or
partial blocking of public streets, thorough_
fares, sidewalks and alleys.
The Manual of Uniform Barricading Standards, a copy of
which, authenticated by the signatures of the mayor and the city
secretary, and made a public record by Ordinance No. 12425 of
the city council, and on file in the office of the city secretary, is
Supp. No. 53
3989
~,
AN ORDINANCE
CHANGING THE NAME OF BUSH A VENUE TO FRIENDSHIP
DRIVE BETWEEN WEST POINT ROAD AND SOUTH PADRE
ISLAND DRIVE; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR PUBLICATION.
WHEREAS, after all notices required by Section 49-1 of the City Code of
ordinances, a public hearing was held on Tuesday February 19, 2002, during a
meeting of the City Council, in the Council Chambers. at City Hall, in the City of
Corpus Christi, Texas, during which all interested persons were allowed to appear
and be heard; and
WHEREAS, the City Council finds, as required by Resolution 21901 adopted on
March 22, 1994, that "unusual, extenuating circumstances" justify changing the
name of Bush Avenue to Friendship Drive between West Point Road and South
Padre Island Drive.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF CORPUS CHRISTI, TEXAS:
SECTION 1. The name of Bush Avenue is changed to Friendship Drive between
West Point Road and South Padre Islaild Drive.
SECTION 2. If for any reason any section, pariigraph, subdivision, clause,
phrase, word or provision of this ordinance shall be held invalid or
unconstitutional by final judgement 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 bc made in the official publicmion of the City of
Corpus Christi as required by the City Charter of the City of Corpus Christi.
SECTION 4. Upon final adoption of this Ordinance, as required by Section 49-1
of the City Code of Ordinances, a copy of this ordinance shall be furnished by the
City Secretary to the department heads and the Postmaster, and the traffic
engineering department shall, at the direction of the City Manager. place street
name signs, as specified in subsection (6) of said section.
-
-
That the foregoing ordinance was read for the first time and passed to its second
reading on this the _ day of . 2002, by the following vote:
Samuel 1. Neal, Jr.
Rex A. Kinnison
Brent Chesney
John Longoria
Javier D. Colmenero
Jesse Noyola
Henry Garrett
Mark Scott
Bill Kelly
That the foregoing ordinance was read for the second time and passed finally on
this the day of , 2002, by the following vote:
Samuel 1. Neal. Jr.
Rex A. Kinnison
Brent Chesney
John Longoria
Javier D. Colmenero
Jesse Noyola
Henry Garrett
Mark Scott
Bill Kelly
PASSED AND APPROVED, this the _ day of
.,2002.
ATTEST:
THE CITY OF CORPUS CHRISTI:
Armando Chapa
City Secretary
Samuel 1. Neal, Jr.
Mayor
Approved this the..!.l- day of ,Ii-tv. "''''''J ' 2002.
James R. Bray, Jr., City Attorney
By: '~ (,~J
Josep arney
AssistantCity Attorney
11
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19
11 I n
CITY COUNCIL
AGENDA MEMORANDUM
February 12, 2002
AGENDA ITEM:
First of two scheduled City Council public hearings on the City's Proposed 2002
Annexation Program containing 519.32 acres and referred to as:
Jones, Walter and GLO Beach Frontages: Publicly and privately owned
lands comprising approximately 44.16 acres and 9,618 feet of gulf beach
frontage, from the south most property line of Padre Balli County Park to a
point 500 feet south of the south most property line of the Lawrence Jones
property. The width of the strip extends westward from the City Limit Line on
the Gulf of Mexico shoreline, being the 1.37 -foot line above Mean Sea Level
based on United States Geological Survey (U.S.G.S.) and Geodetic Survey
(G.S.) datum of 1929, to a point along the vegetation line approximately 200
feet west of and generally parallel to the 1.37-foot line above Mean Sea
Level Gulf of Mexico shoreline.
Padre Balli Park: Nueces County Park #1 (Padre Balli Park) comprising
approximately 194.92 acres and 6,324 feet of gulf beach frontage.
Packery Channel Park: Public and privately owned lands comprising
approximately 50.01 acres and including Nueces County Park #2 (packery
Channel Park).
Nueces County Land South of Mustang Island State Park: Publicly owned
(Nueces County) tract of land comprising 221,00 acres and 4,211 feet of gulf
beach frontage generally surrounded by the existing City Limits and out of
the William Bryan Survey 606, between the east right-of-way line of State
Highway 361 and the existing City Limit line along the Gulf of Mexico
shoreline, being the 1.37-foot line above Mean Sea Level based on U.S.G.S.
and G.S. datum of 1929.
Beach Front Property North of Zahn Road: Privately owned (Eric C.
Lower) tract of land comprising approximately 9,23 acres and 2,009.79 feet
of gulf beach frontage abutting the City Limits on the Gulf of Mexico
shoreline, being the 1.37 -foot line above Mean Sea Level based on U.S.G.S.
and G.S. datum of 1929 and extending approximately 200 feet westward,
and between County owned land and State leased land at JP Luby Surf
Park.
II
n
II
City Council Agenda Memorandum
Annexation 151 Public Hearing
February 12, 2002
Page 2
PUBLIC HEARINGS: State law requires the governing body of the City to conduct at least
two (2) public hearings prior to initiating annexation proceedings. The purpose of these
public hearinqs is for the City to present the Annexation Service Plans and for the public to
have an opportunity to comment on the Service Plans. The first public hearing is scheduled
for 2:00 p.m., Tuesday, February 19, 2002 in the Corpus Christi City Council Chambers of
City Hall. The second public hearing by City Council is scheduled for 2:00 p.m., Tuesday,
February 26, 2002 in the Corpus Christi City Council Chambers of City Hall. In addition,
the Corpus Christi Planning Commission will conduct a public hearing on zoning for the
proposed annexation areas Wednesday, March 13,2002 at 6:30 p.m. in the Corpus Christ
City Council Chambers to consider zoning on each of the annexation tracts.
BACKGROUND: Annexation is essential for the City to achieve orderly growth. Currently,
no land use controls (zoning) and most city land use policies cannot be applied to outside
city limits properties. Annexation is used to extend the City's zoning regulations consistent
with the Comprehensive Plan; adopted City growth policies; and Article 31, newly annexed
territory of the Zoning Ordinance. Zoning is a tool to create compatible land use patterns in
the community. Annexation also allows the City to ensure that when growth occurs all new
structures are constructed in accordance with building, plumbing, electrical, and other City
codes designed to protect the public health, safety and welfare, In addition, annexation
should occur so that impacted areas may benefit from the expansion of public health
programs, police and fire protection, and by linking new development to publicly approved
water supplies, wastewater, and storm drainage systems.
ISSUES:
Annexation of these tracts will alleviate jurisdictional problems regarding law enforcement,
fire protection and other service issues.
Jones, Walter and GLO Beach Frontages: Mr. Lawrence Jones has submitted a request
that the City annex the Gulf Beach on this property (See Attached Letter), The City agrees
with Mr. Jones acknowledgement in his letter, "... that the level of beach cleaning and
maintenance... will remain at a minimal level until the development of our adjacent
property takes place". Kleberg County also agrees that beach cleaning levels should be
at minimal levels until the adjacent property is developed. Staff has included Dr. Walter's
property between Padre Balli County Park and the Jones property. In addition, staff has
included additional Gulf Beach property extending to a point 500 feet south of the Jones
property line. The Texas General Land Office owns the property located south of the
Jones Property.
Padre Balli Park: Padre Balli Park is currently outside City limits. The county park
contains approximately 6,324 feet of Gulf Beach frontage. Under State Statute, the County
.
.
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City Council Agenda Memorandum
Annexation I" Public Hearing
February 12, 2002
Page 3
will continue to be responsible for maintenance of the Gulf beach after annexation into the
City. In addition, all maintenance and operations relative to the park will continue to be the
responsibility of the County after annexation.
Packery Channel Park Area: Public and privately owned lands comprising approximately
50.01 acres and including Nueces County Park #2 (Packery Channel Park). All
maintenance and operations relative to the park will continue to be the responsibility of the
County after annexation.
Nueces County Land South of Mustang Island State Park: This property is owned by
Nueces County. Annexation will reduce confusion with regard to the City and County's
jurisdiction, particularly with regard to law enforcement issues and traffic operations issues
on Newport Pass Road. By State Statute, the County will continue to be responsible for
maintence of the gulf beach adjacent to their property.
Beach Frontage North of Zahn Road: This privately owned (Eric C. Lower) property is a
strip of gulf beach immediately north of Zahn Road and J.P. Luby Surf Park. Annexation of
this privately owned (Eric C. Lower) tract would require the City to maintain the gulf beach.
Annexation will help to simplify law enforcement jurisdictional issues on a high use area of
Gulf Beach.
PREVIOUS COUNCIL ACTION:
Approval of the 1999 and 2001 Annexations on Mustang and Padre Islands.
REQUIRED COUNCIL ACTION: No action required other than for staff to present the
service plans and for City Council to hold a public hearing.
STAFF RECOMMENDATION( NA.
~~~
Director of Planning
Attachments
Attachment I:
Attachment II.
Attachment III.
Attachment IV.
Attachment V.
Property Owner Request for Annexation
Annexation Maps
Annexation Profiles
Annexation Calendar
Service Plan
.
~
IT
City Council Agenda Memorandum
Annexation 1 sl Public Hearing
February 12, 2002
Page 4
Attachment I. Property Owner Request for Annexation
VISTA eEL. MAR IRRIGATION COMPANY
NOVlllDber 29, 2001
City of Cotpus Chrlsli
1201 Leopmi Street
ClIIJl1lS Chriati, Texas 7840 I
RE~ Request fur I< nnnYaUDI1
Dear Sin:
M the owners of the 1,260.57 acre Irllct of land located so\llh ofaud a.djllCl!Dt 10
the N\IllCe&oKlebe:s County Line DI1 P4dre Island and more particularly desmibecl IS
Tract I of A%ea C in the peuding I<nn""aUDI1 Propoul, we rcspecttlllly request that the
City of CClIpllS Christ procoed with the .n...,,,.';,," of the public beach area IDCIIlIld
betwct::II tbe vegetation line on tbe Gulf of Mexico side of our property and the existing
city limiu: of ClIIJl1lS Christi within the Gulf of Mexico.
We further tcq1lCSt that tbe City irnpJelIICl1t the Beach Parking Stic.kcr Progllllll on
the public beach area to be BIIIICXCd once It becomes pert of the City. We ec\aIQwlecl&e
that the levcl of beach clelllling and maintcnancc. however, will =am at a m;n;,.,.llevel
untll the development of our adjacent property takes phIco.
We believe that the .nnnnlion of this strip of land will better SClVe the publill
lntmest and provide for tbe orderly developmcmt ofthJs area.
Laurence Jr., individually
and as Trustee and DI1 behalf of
Vis1a Dc! Mar ImgatiOI1 Company
at:. BAI.TIMOA&: . KANSAS CITY. MO ..nol . lelll.7...7:\117
'I
,
~~
City Council Agenda Memorandum
Annexation 15t Public Hearing
February 12,2002
Page 5
Attachment II. Annexation Maps
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Jones, Walter, and GLO Beach Frontage
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NUECESCOUNTY
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Packery Channel Park
GULF OF
MEXICO
Nueces County Land South of
Mustang Island State Park
and
Beach Frontage North of Zahn Road
(Eric C. Lower)
11
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City Council Agenda Memorandum
Annexation I st Public Hearing
February 12, 2002
Page 6
Attachment III: Annexation Area Profiles
Acres
50.01
Nueces County Land South
of Mustang Island State
Park 221.00
I B..ea.c.h. Frontage North of
.Zahn Road Eric C. Lower
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I Total
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1519.32
Pop
Est.*
Res.
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Bus.
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10
10
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City Council Agenda Memorandum
Annexation I st Public Hearing
February 12, 2002
Page 7
Attachment IV. Annexation Calendar
January 15, 2002
City Council motion approving a public hearing schedule and
directing Staff to prepare service plans for areas under
consideration for annexation.
February 26, 2002
City Council - Presentation of Service Plans and 1st Public
Hearing (regular meeting).
City Council - 2nd Public Hearing (regular meeting).
February 19, 2002
March 13. 2002
Planning Commission conducts a public hearing to consider
zoning of proposed annexation areas.
March 26, 2002
City Council- 1 sl Reading of the annexation ordinance (regular
meeting).
April 9, 2002
City Council - 2nd Reading of the annexation ordinance and
final action on proposed zoning (regular meeting).
April 10, 2002
Effective date of annexation.
II
TI
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City Council Agenda Memorandum
Annexation 1" Public Hearing
February 12, 2002
Page 8
Attachment V.
Service Plan
Service Plan For Areas Located in The Padre Island Area:
Jones, Walter and General Land Office (GLO) Beach Frontages
Padre Balli Park
Packery Channel Park Area
Nueces County Land South of Mustang Island State Park
Beach Front Property (Eric C, Lower) North of Zahn Road
A. INTRODUCTION
The City Council of the City of Corpus Christi, Texas, finds and determines that this
Service Plan will not provide any fewer services or a lower level of service in the
annexation area than were in existence in the annexation area at the time
immediately preceding the annexation process. The service plan will provide the
annexed areas with a level of selvice, infrastructure, and infrastructure maintenance
that is comparable to the level of services, infrastructure, and infrastructure
maintenance available in other parts of the municipality with topography, land use,
and population density similar to those reasonably contemplated or projected in the
area.
Upon annexation of these areas, the City of Corpus Christi will provide city services
by any of the methods by which it extends the services to any other area of the city.
The City of Corpus Christi will assume maintenance of any new public streets, curb
and gutters, after construction and acceptance by the City. Owners and/or
developers of properties in the annexation area must comply with State law as well
as City zoning, platting, building code, flood hazard prevention and all other code
requirements.
B. CITY SERVICES TO BE PROVIDED IMMEDIATELY UPON ANNEXATION
1. Police Protection
The City of Corpus Christi, Texas, and its Police Department will provide police
protection to the newly annexed areas at the same level of service now being
provided to areas of the City of Corpus Christi, Texas, with similar topography, land
use and population density. These services include:
. Normal patrols and responses;
. Handling of complaints and incident reports;
. Special units, such as traffic enforcement, criminal investigations,
narcotics, gang suppression, and special weapons and tactics team.
11
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~,.,.
City Council Agenda Memorandum
Annexation 1" Public Hearing
February 12, 2002
Page 9
The areas will be included in a patrol district that will receive 24-hour patrol
coverage and primary patrol services with regularly scheduled officers.
2. Fire Protection/Emergency Medical Services
The City of Corpus Christi, Texas, and its Fire Department will provide fire protection
and ambulance service to the newly annexed areas at the same level of service
now being provided to other areas of the City of Corpus Christi, Texas, with similar
topography, land use and population density. These services include:
. Fire suppression and rescue;
. Emergency medical services;
. Hazardous materials mitigation and regulation;
. Emergency prevention and public education efforts;
. Water rescue;
. Technical rescue;
. Construction plan review;
. Inspections;
. Emergency management planning;
. Rescue / hazardous materials unit.
These services are provided on a citywide basis. by 395 employees operating from
15 emergency fire stations and other non-emergency sites. All Corpus Christi
Firefighters are certified by the Texas Commission on Fire Protection.
Upon annexation the Corpus Christi Fire Department (CCFD) will provide service
from Fire Station #15 located at 14402 Commodore Drive. Fire Station #15 has five
firefighter personnel on duty 24 hours a day. Three firefighters are assigned to fire
suppression and two firefighters are available for emergency medical response.
Every Fire Unit is manned with at least one certified Emergency Medical Technician
and every medical unit is manned with at least one Certified Emergency Medical
Technician and one Certified Paramedic. If Station #15 is unavailable, CCFD will
provide service from Station # 13 in Flour Bluff. All pumper, ladder trucks. and
rescue units carry Automatic External Defibrillators for use with heart attack victims.
3. Solid Waste Collection
After the effective date of annexation the City of Corpus Christi will provide solid
waste services to single family residential customers directly or indirectly through a
third party contract. Services currently provided by the City for single-family
residences include:
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City Council Agenda Memorandum
Annexation 1 st Public Hearing
February 12, 2002
Page 10
. Garbage collection;
. Recycling collection - curbside recycling collection for residential customers;
materials collected include newspaper, "junk mail," tin and aluminum can,
glass bottles and jars, plastic bottles;
. Brush pick up; and
. Large and bulky material pickup.
Commercial garbage collection service for businesses and multi-family residences is
available on a subscription basis from private service providers. The City of Corpus
Christi will allow commercial refuse collectors to continue providing this service to
condominium complexes, multi-family apartments and commercial establishments.
4. Operation and Maintenance of Water and Waste Water Facilities
Any and all water or wastewater facilities owned or maintained by the City of Corpus
Christi, Texas, at the time of the proposed annexation shall continue to be
maintained by the City of Corpus Christi, Texas. Any and all water or wastewater
facilities which may be acquired subsequent to the annexation of the proposed
areas shall be maintained by the City of Corpus Christi, Texas. Any and all water or
wastewater facilities which may be the property of another municipality or other
entities after the annexation will continue to be maintained by the municipality or
entity. Existing water line mains at their current locations shall be avai!able for point
of use extension based upon the current City's standard water extension policies
now existing or as may be amended. Individual septic systems may be acceptable
if City and County standards are met. No septic tank systems are permitted
between the vegetation line and the shoreline of the Gulf of Mexico.
5. Operations and Maintenance of Roads and Streets
The City will maintain public streets over which the City has jurisdiction. Any and all
roads, streets or alleyways which are dedicated to the general public and accepted
by the City of Corpus Christi, Texas, or which are owned by the City of Corpus
Christi, Texas, shall be maintained to the same degree and extent that other roads,
streets and alleyways are maintained in the City. Any and all lighting of roads,
streets and alleyways which may be positioned in a right-of-way, roadway or utility
company easement shall be maintained by the applicable utility company servicing
the City of Corpus Christi, Texas, pursuant to the rules, regulations and fees of the
utility. Street Department services include:
. Emergency pavement repair; and
. Maintenance of public, dedicated streets and other rights-of-way.
Following annexation, public streets for which the city has jurisdiction will be
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City Council Agenda Memorandum
Annexation 1 st Public Hearing
February 12, 2002
Page 11
included in the City's preventive maintenance program. Preventive maintenance
projects are prioritized on a Citywide basis and scheduled based on a variety of
factors, including surface condition, rideability, age, traffic volume, functional class,
and available funding. Any necessary rehabilitation or reconstruction will be
considered on a citywide priority basis.
The Traffic Engineering Division of the Engineering Services Department will also
provide regulatory signage services in the annexation areas. All regulatory signs
and signals are installed when warranted following an engineering study. All
roadways, which are dedicated and accepted by, or owned by the City, are re-
striped and remarked and sign age replaced as needed.
Existing private roads and roads owned by other entities shall not be maintained by
the City of Corpus Christi, until proper conveyance has been executed to the
general public and henceforth to the City. Upon dedication and acceptance by the
City, the City shall initiate maintenance of these roads to the same degree and
extent that other public roads, streets and alleyways are maintained in the City.
6. Operation and Maintenance of Parks, Playgrounds and Swimming Pools
Any park and park facilities within the annexation area that may be under the
responsibility of the County before annexation will be maintained by the City only
upon dedication of the park by the County to the City and City's acceptance of said
park. Any parks or park facilities dedicated and accepted by the City will be
maintained to the same extent and degree that parks, and park facilities of the City
of Corpus Christi, Texas are maintained.
7. Operation and Maintenance of Beaches
After annexation, any beach that becomes the responsibility of the City will be
cleaned and maintained by the City unless the city contracts with another entity for
beach cleaning services. It shall be the responsibility of the City of Corpus Christi to
create and endorse plans for the maintenance, preservation and enhancement of
public beaches and public beach access. Because of infrequent use, the beach
frontages located in Kleberg County will require minimal maintenance and
preservation. Beach cleaning and maintenance for beaches owned by another
public entity shall continue to be the responsibility of that public entity.
8. Operation and Maintenance of Any Publicly Owned Facility, Building or
Municipal Service
The City Council of the City of Corpus Christi, Texas, is aware of the existence of
publicly owned facilities, building and/or other municipal service(s) now located in
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City Council Agenda Memorandum
Annexation 1 st Public Hearing
February 12, 2002
Page 12
one or more of the annexation areas. In the event any publicly owned facility,
building or municipal service is dedicated to and accepted by the City of Corpus
Christi, the facility, building or municipal service will be maintained to the same
extent and degree that publicly owned facilities, buildings or municipal services of
the City of Corpus Christi, Texas are maintained. It is within the City's sole discretion
to accept or reject dedication by Nueces County of any land, park or public facility to
the City of Corpus Christi.
C. CITY SERVICES PROVIDED THROUGH THE ACQUISITION AND/OR CAPITAL
IMPROVEMENT PROCESS WITHIN 2-1/2 YEARS FROM THE DATE OF
ANNEXATION
1. Police Protection
No capital improvements are necessary at this time to provide police protection.
The City Council finds and determines that it has at the present time adequate
facilities to provide the same type, kind and level of protection and service which is
presently being administered to other areas already incorporated in the City of
Corpus Christi, Texas, with the same or similar topography, land use and population
density.
2. Fire Protection/Emergency Medical Services
No capital improvements are necessary at this time to provide fire protection. The
City Council finds and determines that it has at the present time adequate facilities
to provide the same type, kind and level of protection and service which is presently
being administered to other areas already incorporated in the City of Corpus Christi,
Texas, with the same or similar topography, land use and population density.
3. Water and Wastewater Facilities
The City Council of the City of Corpus Christi, Texas. finds and determines that
water mains and wastewater collection lines exist within city limits which may be
extended to provide service within the areas to be annexed pursuant to the City's
standard service extension policies now in existence or as may be amended by the
City Council.
4. Street Extensions and Street Lighting
New development will be required pursuant to the ordinances of the City of Corpus
Christi, Texas, to provide internal and peripheral streets and to construct those
streets in accordance with the specifications required by the City of Corpus Christi,
Texas, for a properly dedicated street.
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City Council Agenda Memorandum
Annexation 1 st Public Hearing
February 12, 2002
Page 13
Upon the effective date of annexation of the proposed areas, the City of Corpus
Christi, Texas, with a cooperative effort of the City's designated electric utility
franchise company, will undertake to provide the same degree of road and street
lighting as is provided in areas of similar topography, land use and population
density within the present corporate limits of the City of Corpus Christi, Texas.
Maintenance of lighting for roads and streets which are properly dedicated to the
public and accepted by the City of Corpus Christi will be consistent with the
maintenance provided by the City to other roads and streets in areas of the City with
topography, land use and population density similar to the annexed property.
D. SPECIFIC FINDINGS
The City of Corpus Christi will provide services to the newly annexed area in a
manner that is similar in type, kind, quantity, and quality to service presently enjoyed
by the citizens of the City of Corpus Christi, Texas, who reside in areas of similar
topography, land utilization and population density.
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AGENDA
CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION
DATE:
Tuesday, February 19, 2002
TIME:
During the meeting of the City Council beginning at p.m.
PLACE:
City Council Chambers
1201 Leopard St.
Corpus Christi, TX 78401
1. President Rex Kinnison calls meeting to order.
2. Secretary Armando Chapa calls roll.
Board of Directors
Rex Kinnison, President
Javier D. Colmenero, Vice President
Brent Chesney
Henry Garrett
Bill Kelly
John Longoria
Samuel L. Neal Jr.
Jesse Noyola
Mark Scott
3. Approve Minutes of October 30, 2001.
4. Financial Report.
Officers
W. Thomas Utter, General Manager
Armando Chapa, Secretary
Mary Juarez, Asst. Secretary
Jorge Cruz-Aedo, Treasurer
Vacant, Asst. Treasurer
5. Authorizing the General Manager to revise the lease agreement with the Nueces
County Community Action Agency for the property located at 119 Clemmer Street,
Corpus Christi, Texas, formerly known as "Kids of the Neighborhood", which is used
as a childcare facility or Head Start or Early Head Start Programs.
6. Public Comment.
7. Adjournment.
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MEMORANDUM
TO: President Rex Kinnison and Board Members of the Corpus Christi
Community Improvement Corporation
FROM: W. Thomas Utter, General Manager ~.\. U ~
DATE: February 15, 2002
SUBJECT: Request for Meeting of the Corpus Christi Community Improvement
Corporation (CCCIC) on February 19, 2002
I am requesting that a meeting of the Corpus Christi Community Improvement Corporation (CCCIC)
be held during the Council meeting of February 19, 2002 to consider the following:
1. Authorizing the General Manager to revise the lease agreement with the Nueces
County Community Action Agency for the property located at 119 Clemmer Street,
Corpus Christi, Texas, fonnerly known as "Kids ofthe Neighborhood", which is used
as a childcare facility or Head Start or Early Head Start Programs: In early 1990, the
City of Corpus Christi, acting through the Corpus Christi Community Improvement
Corporation (CCCIC), assisted a group of eldeiS with Christ Lutheran Church on Ayers
Street with a CDBG grant to establish a day care facility for the Ayers Street area known
as Kids in the Neighborhood. The church group also received a bank loan for the
construction. While the facility was extremely successful from a utilization standpoint,
administrative problems developed outside of the contiOl of the church elders, and an IRS
lien was filed on the facility. With the tremendous cooperation of the church elders and the
local IRS office, the facility was saved. The Nueces County Community Action Agency
(NCCAA) stepped in and on July 9, 1996 contracted with the CCCIC to lease the facility for
a day care/headstart activity. The facility has continued to be extremely successful under
the NCCAA.
The original 1996 agreement required the NCCAA to pay 10 annual installments as follows:
Year 1
Year 2,3,4,5
Year 6, 7,8,9,10
$41,885.00
$28,215.50
$ 1,200.00
At the end of the 10-year period (2006), the NCCAA would have the option of purchasing
the facility for $85,500 (this would effectively payoff the bank loan). NCCAA has, to date,
paid $155,947 and has four additional rental payments over the next four years totaling
$4,800. In our discussions with NCCAA, we are recommending that the lease be modified
to allow the $4800 remaining on the existing lease and the balloon payment at the end of
$85,500 be combined ($90,300), and that NCC.I\A be allowed to payoff this amount in 60
even monthly payments of $1 ,005 beginning March 1, 2002 and ending March 1, 2007. At
the end of the lease, the CCCIC will convey the property NCCAA for $1 and the standard
CDBG commitment to operate for low to moderate income.
We recommend approval of the concept and authorization to review the lease.
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MINUTES
CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION
OCTOBER 30, 2001
3:31 P.M.
PRESENT
Board of Directors
Rex A. Kinnison, President
Javier Colmenero, Vice President
Henry Garrett
Bill Kelly
John Longoria
Samuel L. Neal Jr.
Jesse Noyola
Mark Scott
Officers
W. Thomas Utter, General Manager
Armando Chapa, Secretary
Jorge Cruz-Aedo, Treasurer
Mike Harty, Assistant Treasurer
ABSENT
Brent Chesney
President Kinnison called the meeting to order in the Council Chambers of City Hall. 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.
President Kinnison called for approval ofthe minutes of the September 18,2001 meeting. Mr. Colmenero
made a motion to approve the minutes, seconded by Mr. Neal, and passed unanimously (Chesney absent).
PresidentKinnisonopeneddiscussion to Item 4, financial report. GeneralManager U ttersaid thecorporation
fund contains $19,317,864 as of September 30, 2001.
President Kinnison opened discussion to Item 5, amendment to the Nueces County Community Action
Agency New Construction Home Buyer Program. General Manager Utter said in 1996, $100,000 in home funds
were provided to Ability Resources Incorporated (ARl) to build two highly accessible units for people with mobility
impairments. He stated that ARI built one unit and bought property for the second unit. Mr. Utter added that ARI
has decided not to pursue the second rental unit and have since sold the property resulting in the return of$45,OOO
to the HOME program. General Manager Utter said the returned funds need to be issued to a different CHDO to
meet the funding year's 15% and recommended
that the $45,000 be re-appropriated to the New Construction Home Buyer Program under contract to the Nueces
County Community Action Agency. A motion was made to approve Item 5 as follows:
5. AuthorizinganamendmenttotheNuecesCountyCommunity ActionAgency NewConstructionHomeBuyer
Program for an additional $45,000 of HOME Program funds to supplement the Nueces County Community
Action Agency New Construction Home Buyer Program.
The foregoing motion passed as follows: Kinnison, Colmenero, Garrett, Kelly, Longoria, Neal, Noyola, and Scott
voting "Aye"; Chesney absent.
In response to Mr. Neal, General Manager Utter said that all the notifications from theCCHFC had been sent
out regarding the forgiven mortgages.
President Kinnison called for comments from the audience, and there were none. There being no further
business to come before the Corporation, he declared the meeting adjourned at 3:36 p.m. on October 30,2001.
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CITY OF CORPUS CHRISTI
CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION
COMBINED BALANCE SHEET
NOVEMBER 30. 2001
Loan Program Special Project HOME Program
Fund Fund Fund Total
ASSETS
Cash and investments $933.678 $109.136 $261,175 $1.303.989
Due from U S Government 0 0 402,846 402,846
Mortgages receivable 10,862,708 0 6,187,144 17,049.852
Accrued interest receivable 908 846 0 1,754
Due from Seawall Trust Fund 0 43,054 0 43,054
Loan receivable 0 37,511 0 37.511
Leasehold improvements (net of
accumulated amortization) 483,453 0 0 483.453
Investment in property (net of
accumulated depreciation) 216.945 21,047 0 237,992
Total assets $12,497.692 $211,594 $6.851.165 $19,560,451
LIABiLITIES AND FUND BALANCE
Liabilities:
Accounts payable $203,925 $0 $495,167 $699,092
Bank note payable 422.333 0 0 422,333
Total liabilities 626,258 0 495.167 1,121,425
Fund Balance:
Reserved for WDC project 165,732 0 0 165.732
Reserved for Kids in the Neighborhood 96,867 0 0 96.867
Reserved for HOME program 493.099 0 0 493,099
Reserved for mortgages 10,862,708 0 6,187,144 17,049,852
Reserved for Seawall loan 0 37,511 0 37,511
Unreserved 253,028 174,083 168.854 595.965
Total fund balance 11,871,434 211.594 6,355,998 18,439.026
Total liabilities and fund balance $12,497.692 $211,594 $6,851.165 $19,560,451
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CITY OF CORPUS CHRISTI
CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION
COMBINED STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES
FOR THE FOUR MONTHS ENDED NOVEMBER 30. 2001
Loan Program Special Project HOME Program
Fund Fund Fund Total
Revenues:
Contribution from Federal Government $0 $0 $1,081,663 $1,081,663
Interest on loans 26,769 0 8.168 34,937
Interest on investments 6,449 873 78 7,400
Changes in fair value investments 0 0 0 0
Rental income 1,200 0 0 1,200
Miscellaneous 4,753 0 14,937 19,690
Total revenues 39,171 873 1,104,846 1,144,890
Expenditures:
Grants 344 0 206.497 206,841
Warranty Work 425 0 0 425
Community Development administration 0 0 22,371 22,371
Loan processing 0 0 36,765 36,765
Accounting services 0 0 14,787 14,787
I nterest expense 8,934 0 0 8,934
Miscellaneous 0 0 0 0
Accumulated amoriization-
forgivable loans 10,091 0 95,481 105,572
leasehold improvements 37.189 0 0 37,189
Accumulated depreciation - building 2,486 0 0 2,486
Totai expenditures 59.469 0 375.901 435,370
Excess of revenues over expenditures (20,298) 873 728,945 709,520
Other financing sources(uses):
Operating transfers in(out):
Transfer From Federal/State Grant Fund 287,731 0 0 287,731
Transfer to Federal/State Grant Fund (12.950) 0 0 (12,950)
Total other financing sources(uses) 274.781 0 0 274,781
Excess (Deficit)of revenues and other financing
sources over expenditures and other uses 254.483 873 728,945 984.301
Fund balances at August 1, 2001 11,616,951 210,721 5,627,053 17.454,725
Fund balances at November 30, 2001 $11,871.434 $211.594 $6,355,998 $18,439,026
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CITY COUNCIL
AGENDA MEMORANDUM
AGENDA ITEM:
February 12, 2002
ITEMA.
ITEMB.
ITEMC.
ITEM D.
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Resolution authorizing the City Manager or his designee to execute
an interlocal cooperation agreement with the City of Port Aransas
and Nueces County relating to the Mustang and North Padre
Islands Beach Parking Permit System.
Resolution directing the City Manager or his designee to terminate
the interlocal cooperation agreement with Nueces County, dated
June 1, 1993, relating to beach cleaning.
An ordinance amending the Code of Ordinances, City of
Corpus Christi, Chapter 10, Beachfront Management and
Construction, regarding exempt pipelines, the application
process, state agency review, terms of permits and
certificates, mitigation measures, application fees,
requirements in eroding areas, and beach access roads,
Packery Channel access improvements, and penalties;
providing for penalties; providing for severance; providing for
publication; and declaring an emergency.
An ordinance amending Ordinance No. 022164, which adopted the
City Of Corpus Christi, Texas Dune Protection And Beach Access
Regulations, by updating and revising Appendices I, Industrial Uses
Permitted/Not Permitted, IV, Flow Chart Of Application Process For
Master Planned Developments, V, Flow Chart For Application
Process For Dune Protection Permit Or Beachfront Construction
Certificate, VI, Designation Of Access Ways, Parking Areas, And
Beaches Closed To Motor Vehicles, VII, Designated Beach Fee
Areas, VIII, Interlocal Agreement For Beach Maintenance With
Nueces County, XI, 31 TAC 9915.1-15.10 (Coastal Area Planning),
XII, Dune Protection Act, V.T.C.A., Natural Resources Code S
61.001, et seq., XIII, Open Beaches Act, V.T.CA, Natural
Resources Code 9 63.001, et seq., XIV, Founding Policies, and
adding Appendix XV, Packery Channel Design Concept And
Appendix XVI, Packery Channel Public & Environmental Facilities;
providing an effective date; providing for penalties; providing for
severance; providing for publication; and declaring an emergency.
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City Council
Dune Protection and Beach Access Regulation Amendments
February 8, 2002
Page 2
ISSUES AND SUMMARY OF RECOMMENDIONS:
The purpose of these items are to assure the City's Dune Protection and Beach
Access Regulations are consistent with recent changes to:
1. Texas Administrative Code (changes since 1996);
2. City codes for areas annexed on Mustang and Padre Islands;
3. Allow the City to establish a beach parking sticker program; and
4. Packery Channel Project.
Approval of these items is required Texas General Land Office before the City
can establish a beach fee program.
Item A. Since initial annexation on Padre Island in 1981, the City has
contracted with Nueces County to clean beaches within the City limits.
With the recent annexations on Padre and Mustang Islands, the City is
now undertaking its own beach cleaning. At a recent Council meeting, the
City Council discussed the need for an attempt to have a unified beach-
parking fee among the City of Corpus Christi, Port Aransas, and Nueces
County. Subsequent to the Council meeting, City Manager Garcia called
a meeting of the three governmental entities, at which the possibility of a
unified fee was discussed. At the conclusion of the meeting, the City
Manager forwarded a proposed recommendation to Port Aransas and
Nueces County. We are very pleased to report that both County Judge
Richard Borchard and City Manager Tom Brooks of Port Aransas are
recommending and interlocal agreement to Commissioners Court and the
Port Aransas City Council at their meetings next week. The interlocal
agreement establishes a uniform fee of $6 per year and an initial method
of issuing those stickers. We believe that process not only serves the
three entities well, but also will much better serve the general public. The
Texas General Land Office is to be commended for their participation and
technical assistance in establishing this unified fee.
Item B: Since 1981 the City has paid Nueces County to clean the
annexed beach in front of the seawall. With the City's recent annexation
and newly established beach cleaning services on Mustang and Padre
Islands, the City is cleaning all Gulf Beaches within its city limits. Approval
of this resolution is necessary for the City Manager to terminate this
interlocal agreement between the City and Nueces County which is now
outdated.
Items C: Once approved by the City Council, amendments to Chapter 10
of the City Code will be forwarded to the Texas General Land Office
(GLO) and the Office of the Attorney General (OAG). Before any of these
amendments can take effect, the GLO and OAG must approve them. The
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City Council
Dune Protection and Beach Access Regulation Amendments
February 8, 2002
Page 3
GLO and OAG have indicated that they will expedite review of these
amendments.
Item D: Initiation of a beach parking sticker program requires many of the
appendices to the Dune Protection and Beach Access Regulations to be
updated or revised, including Appendix I, Industrial Uses Permitted/Not
Permitted, Appendix IV, Flow Chart Of Application Process For Master
Planned Developments, Appendix V, Flow Chart For Application Process
For Dune Protection Permit Or Beachfront Construction Certificate,
Appendix VI, Designation Of Access Ways, Parking Areas, And Beaches
Closed To Motor Vehicles, Appendix VII, Designated Beach Fee Areas,
VIII, Interlocal Agreement For Beach Maintenance With Nueces County,
Appendix XI, 31 TAC 33 15.1-15.10 (Coastal Area Planning), Appendix
XII, Dune Protection Act, V.T.C.A., Natural Resources Code 3 61.001, et
seq., Appendix XIII, Open Beaches Act, V.T.C.A., Natural Resources
Code 3 63.001, et seq., and Appendix XIV, Founding Policies. Two new
appendices were added, Appendix XV, Packery Channel Design Concept
and Appendix XVI, Packery Channel Public & Environmental Facilities.
The appendices that reproduced copies of the State statutes and
regulations from 1995 needed to be updated to reflect the current laws
and regulations. The appendices with flow charts have been updated to
include additional information requested by the General Land Office or
Attorney General's office. Appendix XIV and the two new appendices
address the Packery Channel project. Appendix VIII was revised to reflect
the termination of the beach cleaning interlocal agreement with Nueces
County. The proposed interlocal agreement on the Mustang and North
Padre Island Beach Parking Permit System will be substituted for the
beach cleaning interlocal agreement. Appendix VII has been revised to
include a better graphic showing the fee and free beach areas.
PRIOR CITY COUNCIL ACTION:
December 11, 2001
modified the erosion area line boundary
consistent with Bureau of Economic
Geology Study on coastal erosion rates.
January 9, 2002
January 15, 2002
modified beach fee and free beach areas.
authorized the collection of beach user fees
by the City of Corpus Christi
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City Council
Dune Protection and Beach Access Regulation Amendments
February 8, 2002
Page 4
FUTURE COUNCIL ACTION: NA
REQUIRED CITY COUNCIL ACTION: Approval.
STAFF RECOMMENDATION: Staff recommends approval of the proposed
resolution and ordi ances
~~r) u;u-
W. Thomas Utter
-
Attachments:
Attachment A:
Resolution Authorizing an Interlocal Cooperation Agreement
with the City of Port Aransas and Nueces County Relating to
Beach Parking Permit System
Resolution to Terminate Beach Cleaning Agreement
Summary of Proposed Amendments to Chapter 10 of the
City Code of Ordinances and Proposed Ordinance
Ordinance Amending Ordinance No. 022164, which adopted
the City of Corpus Christi, Texas Dune Protection And
Beach Access Regulations
Attachment B:
Attachment C:
Attachment D:
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City Council
Dune Protection and Beach Access Regulation Amendments
February 8, 2002
Page 5
Attachment A: Resolution Authorizing an
Interlocal Cooperation Agreement
with the City of Port Aransas and Nueces County
Relating to Beach Parking Permit System
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RESOLUTION
AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
EXECUTE AN INTERLOCAL COOP ERA TION AGREEMENT WITH THE
CITY OF PORT ARANSAS AND NUECES COUNTY RELATING TO THE
MUSTANG AND NORTH PADRE ISLANDS BEACH PARKING PERMIT
SYSTEM
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. The City Manager or his designee is authorized to execute an interlocal
cooperation agreement with in the City of Port Aransas and Nueces County relating to
the Mustang and North Padre Islands Beach Parking Permit System.
SECTION 2. The City Manager is authorized to approve future amendments to the
Standard Operating Procedures that are attached to the interlocal cooperation
agreement.
ATTEST: .
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED: 15th day of February, 2002.
Samuel L. Neal, Jr.
Mayor
James R. Bray Jr.
City Attorney
By: /~ /~
R. Jay;R :nin9 / -----
First Assistant City Attorney
R24013C3.doc
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City Council
Dune Protection and Beach Access Regulation Amendments
February 8, 2002
Page 6
Attachment B: Resolution to
Terminate Beach Cleaning Agreement
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RESOLUTION
DIRECTING THE CITY MANAGER OR HIS DESIGNEE TO TERMINATE
THE INTERLOCAL COOPERATION AGREEMENT WITH NUECES
COUNTY, DATED JUNE 1, 1993, RELATING TO BEACH CLEANING
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. The City Manager or his designee is directed to take the required steps to
terminate the interlocal cooperation agreement with Nueces County, dated June 1,
1993, relating to beach cleaning.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED: 15th day of February, 2002.
James R. Bray Jr.
City Attorney
By: ~~
R. Ja e' ing
First Assistant City Attorney
Samuel L. Neal, Jr.
Mayor
R24012El.doc
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City Council
Dune Protection and Beach Access Regulation Amendments
February 8, 2002
Page 7
Attachment C: Summary of Proposed Amendments to
Chapter 10 of the City Code of Ordinances and Proposed Ordinance
Exempt Pipelines: State statue exempts oil and gas pipelines from
the Dune Protection Permit and Beachfront Construction Certificate
processes if the pipelines are no farther than two miles from the
well being served.
Application Process: Beach Front Construction Certificate Short
and Long Form Application rules including criteria for requiring
certificates and where a certificate is not required.
State Agency Review: Clarifying the 10 working day review by the
Texas General Land Office and the Office of the Attorney General
before the City is authorized approve or deny an application for
Dune Protection or Beach Front Construction Certificate.
Terms Limits for Permits and Certificates:
. For small, large and master plan scale developments a Dune
Protection Permit and/or Beachfront Construction Certificate
may extend 1, 2, or 10 years, respectively.
. Renew of a permit or certificate is allowed provided no
increase in adverse effects on dunes, vegetation, beach use
or access occurs. Two renewals may be approved, with
each having a time limit of 90 days.
. A Dune Protection Permit or Seachfront Construction
Certificate not requiring platting or any construction permits
is invalid after 2 months if construction has not commenced.
. Except for Master Plan Developments, a Dune Protection
Permit or Beachfront Construction Certificate requiring
platting is invalid after 6 months if the plat has not been filed
for record and construction permits obtained.
. A Dune Protection Permit or Beachfront Construction
Certificate requiring platting is invalid after 6 months if a
preliminary plat and a final plat of a portion of the project
have not been filed for record.
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City Council
Dune Protection and Beach Access Regulation Amendments
February 8, 2002
Page 8
. Except for a Master Plan Development a Dune Protection
and Beachfront Construction Certificate becomes invalid if
work is suspended or abandoned for 6 months or more.
. IA Dune Protection or Beachfront Construction Certificate
becomes invalid for a Master Plan Development if work is
suspended for two years after work has been commenced.
. A Dune Protection Permit or Beachfront Construction
Certificate for a Master Plan Development becomes invalid if
the work authorized by the permit is suspended or
abandoned for two or more years.
Mitigation measures: Applicant must prove that the construction activity
will not materially weaken the dunes or dune vegetation.
Application Fees: Application fees pay for staff review time.
. Dune Protection Permit
- Small Scale Projects $ 200.00
- Large Scale Construction Projects $ 400.00
- Master Plan Developments $ 800.00
. Beachfront Construction Certificate
- Small Scale Projects $ 300.00
- Large Scale Construction Projects, including any oil
and gas exploration, production, and pipelines
$ 500.00
- Master Plan Developments
$1,000.00
Requirements in eroding areas: A permittee may not pave the ground
under the footprint of habitable structures if located landward of 200 feet of
the vegetation line or erosion line which ever is greater.
Beach Access Roads: A beach access road inventory including the new
Newport Pass Beach access road.
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Dune Protection and Beach Access Regulation Amendments
February 8, 2002
Page 9
Packery Channel: A new section indicating how Packery Channel will
comply with State Statues on beach access requirements, benefit the City
and the State of Texas.
Penalties: Penalties for violation of the Dune Protection Act or the Open
Beach Act is not less than $50 per day per violation or more than $1,000
per day per violation.
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AN ORDINANCE
AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS
CHRISTI, CHAPTER 10, BEACH FRONT MANAGEMENT AND
CONSTRUCTION, REGARDING EXEMPT PIPELINES, THE
APPLICATION PROCESS, STATE AGENCY REVIEW, TERMS OF
PERMITS AND CERTIFICATES, MITIGATION MEASURES,
APPLICATION FEES, REQUIREMENTS IN ERODING AREAS, AND
BEACH ACCESS ROADS, PACKERY CHANNEL ACCESS
IMPROVEMENTS, AND PENALTIES; PROVIDING FOR PENALTIES;
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. Section 10-1, Code of Ordinances, is amended by adding a definition for
"exempt pipeline" to read as follows:
Sec. 10-1. Definitions.
The following words and terms, when used in these regulations, shall have the following
meanings, unless the context clearly indicates otherwise.
.
.
.
.
.
Exempt pipeline. A pipeline associated with exploration for. production. and
aatherina of oil and aas, which serves wells located outside of a critical dune
area. provided that the pipeline is located no farther than two miles from the well
beina served.
.
.
.
.
.
SECTION 2. Section 10-18, Code of Ordinances, is amended by revised to read as
follows:
Sec. 10-18. Application Process.
Prior to submission of any Dune Protection Permit or Beachfront Construction
Certificate application, the applicant is encouraged to confer with the Department of
Planning and Development Staff on an informal basis to discuss the proposed
application and its conformity with the Comprehensive Plan, the Dune Protection and
Beach Access Plan, Dune Protection and Beach Access Regulations, state law and
regulations, and the proposed development's relationship to surrounding property,
streets, drainageways, existing and proposed utilities, etc.
(1) If the proposed construction is not seaward of the Erosion Area Line, Erosion
Area Restriction Line, or located on an existina beach access (vehicular) or
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future beach access as shown in an element of the Citv's Comprehensive Plan.
such as the Transportation Plan or an applicable area development plan: does
not functionallv support or depend on. or otherwise relate to. proposed or existing
structures that encroach on the public beach: or. if within 200 feet landward of
the veqetation line. include a retaininq wall or impervious surface, the applicant
may make a short form application for beachfront construction as outlined in
Appendix V. For all other construction, an application for a Beachfront
Construction Certificate shall be submitted in accordance with Sec. 10-19,
Contents of Applications.
(2) Potential applicants proposing construction seaward of the Dune Protection
Line may submit descriptions of proposed construction to the Director of Planning
and Development as outlined in Appendix V. If the potential applicant seeks to
establish that no permit is required the description shall explain why. The
Director of Planning and Development shall determine whether the construction
requires a permit under these regulations or the Director of Planning and
Development may refer the application to the BeachlDune Committee for such
determination. Upon determination that a project does or does not require a
Dune Protection Permit or that the application has been forwarded to the
Beach/Dune Committee under these regulations, the Director of Planning and
Development shall notify the potential applicant in writing of such action. The
applicant shall also be notified in writing of the final action of the Beach/Dune
Committee.
(3) If A and B above are not applicable, a full application shail be submitted by
the person proposing to conduct an activity for which a permit or certificate is
required to the Department.
{&Within 3 working days, the Department shall review the application for
completeness. If an application is incomplete~Jh.e QireglJr of Planninq Will notify
the applicant of the deficiencies and offer the aRPlicant the opportunitv to provide
all required information an_d drawinqs.A.!l...!llmJication for a permit or certificate
shall be deemed to have been abandoned two (2) months from the date of filing
for the permit. unless all required informatign and drawinqs are provided before
then.
(5) An application shall be considered complete wQen information requested bv
Director has been provided. Any 8aelitioR81 inferFFlatisA Rseasa tEl sSFFlf3lete tRe
8f3f3lisatisR sR81113e f3rElvia8a l3y tRo af3f3lioant l3efElrs IRS 08f3aFlFFlClAt ferwar8s t"'o
af3f3lisatisR tEl tRo COReral LaRa amBO ana tho Attsrnoy CeRsml's omos. OnsEl
the Dej3DrtA=l8At EJetorFFliA8€ tl=l:lt tAo OJ3fllisatioA i~ sQmpleto, it rs:hall E:8 :u:1viE:o tho
DJ3f3Ii13:lnt DAB E:Ghesulo tho COAGl;Jrront QOi:lsh.'Dwne CSn:lFRittce FAoetiA~. ^n
3fJf1lic:ltion E:h:111 eo GQnc;idoro8 somflloto 'Nhon inf.e~m3tion FO€ll:JostoEl by 6t::l~
has boo A }3rovieleEf.
@l.Within 3 days of determining that the application is complete the Department
shall forward the completed application and associated information to the
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General Land Office and the Attorney General's Office for review. Under
~61.015(c) Texas Natural Resources Code and 31TAC 15.3(s)(6)(A).the
General Land Office and Attornev General's Office have 10 workino davs to
review the aoolication.
ill Within 10 working days of ,eceiving the State's comments, if any, or in any
case no later than 24 working days after forwarding the application to the State,
the Department shall forward copies of the completed application, the State's
comments, and City staffs recommendation to the Committee.
@l Within 5 working days of receiving the completed application, the Concurrent
Beach/Dune Committee shall approve or deny the application, unless additional
information is requested by the Committee. A flow chart of this application
process is illustrated in Appendix V.
fID.. Within 3 working days, the Department shall notify the applicant whether the
permit or certificate was approved or denied and what conditions, if any, were
required by the Committee.
!.1Ql..Notice of public hearings for Dune Protection Permits and Beachfront
Construction Certificates submitted in accordance with Sec. 10-19 before the
Beach/Dune Committee shall be given by sending written notice to all owners of
property rendering the same for Nueces or Kleberg County taxes, whichever is
appropriate, located within two hundred (200) feet, within not less than ten (10)
days before any such hearing is held. Such notice may be served by depositing
the same, properly addressed and postage paid, in the United States Post Office.
SECTION 3. Section 10-20, Code of Ordinances, is amended by revised to read as
follows:
Sec. 10-20. State Agency Comments.
Under &61.015(c) Texas Natural Resources Code and 31TAC 15.3(s)(6)(A). the
General Land Office and Attornev General's Office have 10 workino davs to comment
on a orooosed aoolication before a local oovernment is authorized to act on an
aoolication. The Department of Planning and Development shall forward the complete
application, including any associated materials, to the General Land Office and the
Attorney General's Office. The Concurrent Beach/Dune ComlTlittee may not act on the
application sooner than 10 working days after receipt by the state agencies.
Thereafter, the permit or certificate may be issued or denied regardless of whether the
state agencies submit comments on the application.
SECTION 4. Section 10-22, Code of Ordinances, is amended by revising subsection A
and adding subsections D - H to read as follows:
Sec. 10-22. Terms and Renewal of Permits/Certificates.
(a) Permits or certificates shall be valid for three yoars the followino oeriods:
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1 Permits or certificates involvin small-scale construction
from the date of issuance of the permit or certificate.
(2) Permits or certificates involvina larae-scale construction proiect _ two vears
from the date of issuance of the permit or certificate.
(3) Permits or certificates involvinQ master planned development proiect _ ten
vears from the date of issuance of the permit or certificate.
(b) The Concurrent Beach/Dune Committee may renew a permit or certificate for a
period not exceeding 90 days if the activity as proposed in the application for renewal
complies with these regulations and the permittee supplements the original application
materials with additional information indicating any changes to the activity or
information. Only two renewals shall be issued for each permit or certificate.
Thereafter, the permittee must apply for a new permit or certificate.
(c) If the proposed construction is changed in any manner which causes or increases
adverse effects on dunes, dune vegetation, and public beach use and access. the
permittee shall not be eligible for a renewal but must apply for a new permit or
certificate.
(d) Every permit or certificate. which does_not reauire the olattina of property or
issuance of a buildina, electrical. aas, mechanical. or plumbina permit. becomes invalid
if the work authorized by the permit or certificate is not commenced within two (2)
months after the permit or certificate.
(e) Except for a master planned development proiect. everv permit or certificate. which
reauires th~attina of properlY becomes invalid unless the plat is filed within six (6)
months of.,gpproval of the permit or certificate.
(f) Except for a master planned development proiect. everv permit or certificate. which
m!llJires the issuance of a buildina. electrical. aas, mechanical. or plumbina permit
becomes invalid unless any required buildina electrical. aas. mechanical, or plumbing
permit is obtained within six (6) months of approval of the permit or certificate.
(a) Everv permit or certificate for a master planned development proiect. which reauires
the plattina of properlY. becomes invalid unless a preliminarv plat is approved by the
Plannina Commission and a final plat for a portion of the proiect is filed within six (6)
months of approval of tb.e permit or certificate.
(h) Except for a master planned development proiect. anv permit or certificate becomes
invalid if the work authorized bv the permit or certificate is suspended or abandoned for
a period of six (6) months or more after the time the work is commenced.
(j) Anv permit or certificate for a master planned development proiect becomes invalid if
the work authorized bv the permit or certificate is suspended or abandoned for a period
of two (2) vears or more after the time the work is commenced.
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(i) All authorized construction must be completed within the term of the permit or
certificate. If the construction is not completed within the term. a new permit or
certificate is reQuired to complete the proiect. The new permit or certificate will be
based on the reQulations in effect on the date of the application for the new permit or
condition.
(k) For the purposes of this section. a plat is reQuired for property located with the
extraterritorial iurisdiction of the Citv. if the properlY on which the proiect will be
developed is a portion of a tract of land that has been subdivided since the tract was
last platted or replatted. if the owner of the tract of land, at the time the properlY was
subdivided was reQuired to file a plat under an applicable State law.
(I) For the purposes of this section. a plat is reQuired for properlY located within the city
limits. if the properlY on which the proiect will be developed is a portion of a tract of land
that has been subdivided since the tract was last platted or replatted.
SECTION 5. Section 10-29, Code of Ordinances, is amended by revising subsections
(b)(1)a. and (b)(1)b.5 to read as follows:
Sec. 10-29. Mitigation of Other Adverse Effects.
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(b) The mitigation sequence consists of the following requirements.
(1) Avoidance.
a. Avoidance means avoiding adverse effects altogether by not
taking a certain action or parts of an action. A permit shall not be
issued allowing any adverse effects on dunes or dune vegetation
seaward of the Dune Protection Line unless the applicant proves
there is no practicable alternative to the proposed activity, proposed
site, or proposed methods for conducting the activity. and the
activitv will not materiallv weaken the dunes or dune veQetation~
h:ls lers:s :Js-,:orse o#ests SA 8'=JAOS :JR8 8~Ae ':ogetntisA tl=laA tAo
I'lrSl'l8seel nEltivity. The permittee shall include information as to
practicable alternatives in the permit application.
b. To avoid adverse effects on dunes and dune vegetation
seaward of the Dune Protection Line as required by Subdivision
(b)(1 )a. of this Article, permittees shall not:
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5. Cause any such adverse effects for which the Committee
determines there is a practicable alternative that would ffiwe
fg'Ner avoid such adverse effects.
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SECTION 6. Article IV of Chapter 10, Code of Ordinances, is amended by reserving
Sections 10-31 - 10-35 and adding Section 10-30 to read as follows:
Secs.10-30. Application Fees.
(a) The application fees for a dune protection permit are as follows:
(1) Small-scale construction proiect -- $200.
(2) Laroe-scale construction proiect -- $400
(3) Master planned development proiect -- $800.
(b) The application fees must be paid before an application is accepted for review.
Sees. 10-31 - 10-35. Reserved.
SECTION 7. Article IV of Chapter 10, Code of Ordinances, is amended by reserving
Sections 10-39 - 10-40 and adding Section 10-38 to read as follows:
Sec&.10-38. Application Fees.
(a) The application fees for a beachfront construction certificate are as follows:
(1) Small-scale construction proiect -- $200.
(2) Laroe-scale construction proiect. includino anv oil and gas e~QIQration.
production. and pipeline -- $300
ru Master planned development proiect -- $600.
fQUhe application fees must be paid before an aQP-lic.13tion is accepted for review.
Sees. 10-39 -10-40. Reserved.
SECTION 8. Section 10-44, Code of Ordinances, is amended by deleting subsection
(b)(3), by redesignating subsection (c) as subsection (d), and by adding a new
subsection (c) to read as follows:
Sec. 10-44. Special Requirements for Eroding Areas.
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(b) In addition to the other requirements of these regulations. in eroding areas,
permittees shall:
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(J) ~Iflt J3ave er alter the !lFflI,JA8 sele'N tho leweEt i:taeitaele fleer, eXGOflt
~tQeilizati8n of ariVO\\'3YS l:J~iA~ gF:lvel Sf GrUE:AC2!8 li~eE:t8RO.
(c) A permittee mav alter or pave the oround within the footprint of the habitable
structure (however. brick pavers. oravel or crushed limestone may be used to
stabilize drivewavs), if the alteration or pavino is entirelv undertaken. constructed,
and located landward of 200 feet from the line of veoetation or landward of the
Erosion Area Line. whichever distance is oreater
!Ql.lf there is any conflict between the requirements of this section and the
requirements of any other provision of these regulations, this section controls.
SECTION 9. Article V of Chapter 10, Code of Ordinances, is amended by reserving
Sections 10-46 - 10-50 and adding Section 10-45 to read as follows:
Sees. 10-45. Application Fees.
(a) The application fees for a concurrent dune protection permit/beachfront construction
certificate are as follows:
(1) Small-scale construction proiect -- $300.
(2) Laroe-scale construction proiect, includino anv oil and oas exploration.
production. and pipeline -- $500
(3) Master planned development proiect -- $1.000.
(b) The application fees must be paid before an application is accepted for review.
Sees. 10-46 - 10-50. Reserved.
SECTION 10. Section 10-52, Code of Ordinances, is amended by revising
. subsection (a), redesignating subsections (b) - (g) as subsections (c) - (h), and adding
a new subsection (b) to read as follows:
Sec. 10-52. Designation of Access Ways, Parking Areas, and Beaches Closed to
Motor Vehicles.
(a) The following areas are designated as public vehicular access ways to and from the
public beaches within the iurisdiction of the City of Corpus Christi. Whitecap Boulevard
is the only designated public vehicular accessway dedicated to the City of Corpus
Christi. The other accesswavs have been dedicated to or purchased bv Nueces
Countv or have been constructed on State or Federal lands. All beach accesswavs are
located within the Citv of Corpus Christi or its extraterritorial iurisdiction. except Beach
Access Road #1. which is within the City of Port Aransas.
(1) Beach Access Road # 1 (Maintained bv City of Port Aransas)
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mBeach Access Road_# 2 (Maintained bv Citv of Corpus Christi)
~~Mustang Island State Park Entrance Road - (Located within Mustano
Island State Park - entrance fee re~uired - exempt area)
~i1l8each Access Road # 3 - (Located within Mustanq Island State Park - No
entrance fee required - exempt area)
(5) Newport Pass Beach Access Road (Owned and maintained by Nueces
County)
(41-@LZahn Road (Maintained by City of Corpus Christi)
(7) Beach Access Road # 3-A via Windward Drive (Maintained bv City of Corpus
Christi)
~.@lWhitecap Boulevard (Maintained bv Citv of Corpus Christi)
fet-illlBeach Access Road # 4 Vwned and maintained bv Nueces CourTIYl.
f71-llQl..Beach Access Road # 5 (Owned and maintained bv Nueces County)
f8H11lPadre Balli Park Entrance Road LOwned and maintained bv Nueces
County)
~.uLBeach Access Road # 6 LOwned and maintained bv Nueces County)
~Beach Access Road "North" - (Located within Padre Island National
Seashore - No entrance fee required .. exempt area).
Note: The Citv of Corpus Cl]ris,ti has ir:!itiqted proceedinqs to annex the beach
areas which include Newport Pass .Beach Access Road. Beach Access Roads #
4. # 5 and # 6. and Padre Balli P?lJs.....E;.ntrance Road.
(b) North Padre Island Storm Damaqe Reduction and Environmental Restoration
(Packerv Channel) Proiect.
(1) The City will pursue reopeninq and improvement of "Packerv Channel" for the
purpose of providinq a recreational boat pass and enhanced water exchanoe to
the Laquna Madre from the Gulf of Mexico (See Appendices XV and XVI). The
proiect will provide oreatlv improved recreational facilities. economic
development potential on adiacent public and private lands and will renourish
adiacent Gulf Beaches. The Packerv Channel Proiect. when completed. will
provide a world-class multipurpose development unique to the Texas Coast that
will provide siqnificant recreational opportunies to citizens of the Coastal Bend.
as well as the residents of the State of Texas. In addition. the proiect has the
potential to attract tourists from all over the state and nation. The proiect is
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consistent with John F. Kennedv Causewav Recreation Area Master Plan Study
adopted bv the Texas General Land Office in 1990.
(2) Public Access Obiectives for this proiect include:
a. While the Channel construction will eliminate approximatelv 2.9 acres
of existino public beach between the outside of the ietties. approximatelv
34 to 40 acres of new beach will be created south of the channel in an
area 1.4 miles (7.400 feet) lono bv a minimum 200 feet wide that will
become accessible to the public.
b. Providino eouivalent or enhanced public access to the Gulf beach as
reouired bv 31 TAC15.
1. All existino public beach access roads will remain available for
public use after construction. Temporarv closure of portions of
these roads and portions of the public beach mav be necessarv for
public safetv purposes durino the construction process (see
Section 1 0-56), While temporarv closures of small sections of the
beach will be reouired durino the initial restoration and periodic
renourishment of the restored beach. the temporarv closures will
onlv effect the areas under active renourishment.
2. Enhanced public access will be accomplished bv constructino a
140-foot wide navioable channel from the Intracoastal Waterwav in
the Laouna Madre to the Gulf of Mexico. a distance of
approximatelv 3 miles. The channel will offer sionificantlv
enhanced public access to over 2 miles (12.700 feet) of new
publiclv accessible shoreline throuoh the provision of public
walkwavs alono bulkheads and ietties. These shoreline areas will
provide outstandino opportunities for recreational fishino and public
viewino. Packerv Channel will also improve access to the Gulf
beaches bv vessels. It should be noted that most of the new
access for recreational fishino and public viewino will be barrier
free.
A. North of Channel - A total of 6.600 linear feet of new
publiclv accessible shoreline created bv construction of the
channel.
i. Vehicular and pedestrian access will be provided
alono the north side of the channel via a new 4.500
foot lono public loop road extendino to the north side
of the channel from two points on Zahn Road.
ii. Three new public parkino areas will be provided on
the north side of the channel.
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a) A minimum of 47 public parkino spaces on
the public beach to the south of the easterlv
terminus of Zahn Road.
b) Approximatelv 250 public parkino spaces
a/ono the north shoreiine of the bu/kheaded
portion of the channel between the loop access
road between the leos of the loop road.
c) A new recreational boat ramp with a
minimum four (4) bavs and approximatelv 130
public parkino spaces includino boat and trailer
parkino.
iii. A public bathhouse on the north side of the
channel will be provided alono the northern shore
includino handicapped ramps.
iv. A minimum of 6.500 linear feet of new publiclv
accessible shoreline for recreational fishino and
viewino on the northside of the channel.
B. South of Channel - A total of 6.1 00 linear feet of new
publiclv accessible shoreline created bv construction of the
channel.
i. The eroded public beach will be restored and
widened to a minimum of 200 feet of additional beaqh.
The source of the sand used for the restored beach is
the diooino/dredoino of the channel between State
Hiohwav 361 and the Gulf of Mexico.
ii. Minimum of 140 public parking spaces on the
public beach immediatelv south of the channel
iii. A minimum of 2.700 linear feet of new publiclv
accessible bulkhead on the south side of the channel
for recreational fishino and public viewino
iv. A minimum of 3.400 linear feet of new public
shoreline provided alono both sides of the south iettv
for recreational fishino and public viewino
v. A public bathhouse on the south side of the
channel will be provided alono the southern shore
includino handicapped ramps.
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3. Lono term beach access improvements will include a minimum
300 paved public parkino spaces provided landward in the middle
of the North Padre Island Seawall.
4. The proiect will provide leasino opportunities for vendors on a
portion of the northside of the channel on state lands. Sionificant
revenue mav be oenerated to support the State School Land Fund.
fgLln accordance with V.T.CA, Natural Resources Code, S 61.022, the city may
prohibit vehicular traffic on any portion or all of the public beach within its jurisdiction for
public safety purposes.
fsHQL To the degree the city has such authority, the following areas shall be maintained
as public beach access parking areas:
(1) Nueces County's Padre Balli Park parking areas.
(2) Bob Hall Pier on-beach parking area.
fGt-M To the degree the city has such authority, provisions facilitating access to the
beach for disabled persons shall be maintained at each of the above areas in
compliance with the Americans with Disabilities Act of 1990, as amended.
feHfL The barricaded day-use area between Whitecap Boulevard and Beach Access
Road # 4 shall continue to be closed to vehicles.
~ The areas described in this section are shown on appendix VI attached to these
regulations.
ffiHhlNothing in this article shall serve to limit the authority of a police or peace officer
to temporarily limit pedestrian or vehicular access due to special occasions that may
occur on the Gulf Beach. These special occasions may include, but will not be limited to
the following:
(1) Large crowds (anticipated or existing).
(2) Environmental emergencies.
(3) Public safety emergencies.
(4) Traffic control emergencies.
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SECTION 11. Section 10-97(b) Code of Ordinances, is revised to read as follows:
Sec. 10-97. Penalties.
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(b) Any person who violates either the Dune Protection Act, the Open Beaches Act,
thesa the regulations issued bv the General Land Office under either act, or a permit or
certificate condition is liable for a civil penalty of not less than $50 nor more than $1,000
per violation per day. Each day the violation occurs or continues constitutes a separate
violation. Violations of the Dune Protection Act, the Open Beaches Act, and the rules
adopted pursuant to those statutes are separate violations. The assessment of
penalties under one Act does not preclude another assessment of penalties under the
other Act. Conversely, compliance with one statute and the rules adopted thereunder
does not preclude penalties under the other statute and the rules adopted pursuant to
that statute.
SECTION 12. This ordinance goes into effect upon approval of these amendments to
the Corpus Christi, Texas, Dune Protection and Beach Access Regulations, by the
General Land Office under s15.8(e) of Title 31 of the Texas Administrative Code.
SECTION 13. 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 of this ordinance be given full force and effect for its purpose.
SECTION 14. A violation of this ordinance or requirements imp!emented hereunder
shall constitute an offense, punishable as provided in Section 1-6 of the City Code of
Ordinances.
SECTION 15. 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. This ordinance shall
be effective upon approval of the Texas General Land Office and publication.
SECTION 16. 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
,2002.
R24012C4.doc
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-
ATTEST:
Armando Chapa
City Secretary
APPROVED: This 15th day of February, 2002:
James R. Bray, Jr.
City Attorney
By:
R24012C4.doc
111
"
.__..,._~-
13
THE CITY OF CORPUS CHRISTI
Samuel L. Neal, Jr.
Mayor
..........-..-..-.--t'-" _H_-'_"^,,!__.
,_,".__,"U",!'_
"n'
14
Corpus Christi, Texas
day of
,2002
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance an
emergency exists requiring suspension of the Charter rule as to consideration and
voting upon ordinances at two regular meetings: IIwe, therefore, request that you
suspend said Charter rule and pass this ordinance finally on the date it is introduced, or
at the present meeting of the City Council.
Respectfully,
Respectfully,
Samuel L. Neal, Jr.
Mayor
Council Members
The above ordinance was passed by the fo!lowing vote:
Samuel L. Neal, Jr.
Brent Chesney
Javier D. Colmenero
Henry Garrett
Bill Kelly
Rex A. Kinnison
John Longoria
Jesse Noyola
Mark Scott
R24012C4.doc
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.
.
City Council
Dune Protection and Beach Access Regulation Amendments
February 8,2002
Page 10
Attachment D: Ordinance Amending Ordinance No. 022164,
which adopted the City of Corpus Christi Texas
Dune Protection and Beach Access Regulations
11
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AN ORDINANCE
AMENDING ORDINANCE NO. 022164, WHICH ADOPTED THE CITY
OF CORPUS CHRISTI, TEXAS DUNE PROTECTION AND BEACH
ACCESS REGULATIONS, BY UPDATING AND REVISING
APPENDICES I, INDUSTRIAL USES PERMITTED/NOT PERMITTED, IV,
FLOW CHART OF APPLICATION PROCESS FOR MASTER PLANNED
DEVELOPMENTS, V, FLOW CHART FOR APPLICATION PROCESS
FOR DUNE PROTECTION PERMIT OR BEACHFRONT
CONSTRUCTION CERTIFICATE, VI, DESIGNATION OF ACCESS
WAYS, PARKING AREAS, AND BEACHES CLOSED TO MOTOR
VEHICLES, VII, DESIGNATED BEACH FEE AREAS, VIII, INTERLOCAL
AGREEMENT FOR BEACH MAINTENANCE WITH NUECES COUNTY,
XI, 31 TAC ~~ 15.1-15.10 (COASTAL AREA PLANNING), XII, DUNE
PROTECTION ACT, V.T.C.A., NATURAL RESOURCES CODE ~ 61.001
ET SEQ., XIII, OPEN BEACHES ACT, V.T.C.A., NATURAL
RESOURCES CODE ~ 63.001 ET SEQ., XIV, FOUNDING POLICIES,
AND ADDING APPENDIX XV, PACKERY CHANNEL DESIGN
CONCEPT AND APPENDIX XVI, PACKERY CHANNEL PUBLIC &
ENVIRONMENTAL FACILITIES; PROVIDING AN EFFECTIVE DATE;
PROVIDING FOR PENALTIES; PROVIDING FOR SEVERANCE;
PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY
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 list of appendices in the table of contents of the Corpus Christi,
Texas, Dune Protection and Beach Access Regulations, as adopted by Ordinance
022164, on February 28, 1995, and the list of appendices following the text of the
sections of Chapter 10, Code of Ordinances, is amended by revising the descriptions of
Appendices VIII and XI and by adding a description of a new Appendix XV to read as
follows:
"APPENDICES
"Appendix I
Industrial Uses Permitted/Not Permitted
"Appendix II
Dune Protection Line
"Appendix III
Beachfront Construction Line, Erosion Area Restriction
Line, Erosion Area Line.
"Appendix IV
Flow Chart of Application Process for Master Planned
Developments
11
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_._-_.~'----r----"'-'''''~'-
H
"Appendix V
"Appendix VI
"Appendix VII
"Appendix VIII
"Appendix IX
"Appendix X
"Appendix XI
"Appendix XII
"Appendix XIII
"Appendix XIV
"MID1Jldix XV
"AQID1.'1dix XVI
2
Flow Chart for Application Process for Dune Protection
Permit or Beachfront Construction Certificate
Designation of Access Ways, Parking Areas, and
Beaches Closed to Motor Vehicles
Designated Beach Fee Areas
Interlocal Agreement fer 8ea6R MaiRt8RaR68 witR
NY868a CSYRty with in the City of Port Aransas and
Nueces County relatina to the Mustana and North Padre
Islands Beach Parkina Permit System (Reserved)
Interlocal Agreement for Dune Protection Act with
Nueces County (Reserved)
Interlocal Agreement for Dune Protection Act with
Kleberg County
31 T AC ~~ 16.1 16.10 31 Chacter 31 (Coastal Area
Planning)
Dune Protection Act, V.T.C.A., Natural Resources Code S
61.001 et seq.
Open Beaches Act, V.T.C.A., Natural Resources Code Ii
63.001 et seq.
Founding Policies
Packerv Channel Desian Concect
Packerv Channel Public & Environmental Facilities"
SECTION 2. That Appendices I, IV, V, VI, VIII, XI, XII, and XIII of the Corpus Christi,
Texas, Dune Protection and Beach Access Regulations, as adopted by Ordinance
022164 on February 28, 1995, are amended by substituting the revised Appendices IV,
V, VI, VIII, XI, XII, and XIII, which are attached to and incorporated into this ordinance
as Attachments A-H.
SECTION 3. That Appendix VII, Designated Beach Fee Areas, Corpus Christi, Texas,
Dune Protection and Beach Access Regulations, originally adopted by Ordinance
022164 on February 28,1995, and amended by Ordinance 024733, on January 15,
2002, is amended by substituting the revised Appendix VII, which is attached to and
incorporated into this ordinance as Attachment I.
SECTION 4. That the Local Action Policies in Appendix XIV, Founding Policies, Corpus
Christi, Texas, Dune Protection and Beach Access Regulations, originally adopted by
R24012D3.doc
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Ordinance 022164 on February 28, 1995, is amended by adding a new Local Action
Policy 10 to read as follows:
"APPENDIX XIV
FOUNDING POLICIES
"The regulations promulgated herein are based partially on the Comprehensive Plan
including but not limited to the following policies:
.
.
.
.
.
"LOCAL ACTION POLICIES
"10. The City will pursue reopenino and improvement of "Packerv Channel" for the
purpose of providino a recreational boat pass and enhanced water exchanoe to the
Laouna Madre from the Gulf of Mexico (See Fioure 1.A)' The proiect will provide
oreatlv improved recreational facilities. economic development potential on adiacent
public and private lands. Sionificantlv. the proiect will provide renourishment to the
beach in front of the Seawall immediatelv and in the future from maintenance dredoino.
(The proiect is officiallv a Federal action and known as the North Padre Island Storm
Damaoe Reduction and Environmental Restoration Proiect.) The Packerv Channel
Proiect. when completed. will provide a world-class multipurpose development unioue to
the Texas Coast with the potential to attract tourists from all over the state and nation.
The proiect is consistent with John F. Kennedv Causewav Recreation Area Master Plan
Stud v adopted bv the Texas General Land Office in 1990."
.
.
.
.
.
SECTION 5. That the Corpus Christi, Texas, Dune Protection and Beach Access
Regulations, originally adopted by Ordinance 022164 on February 28,1995, is
amended by adding a new Appendix XV, Packery Channel Design Concept, which is
attached to and incorporated into this ordinance as Attachment J.
SECTION 6. That the Corpus Christi, Texas, Dune Protection and Beach Access
Regulations, originally adopted by Ordinance 022164 on February 28,1995, is
amended by adding a new Appendix XVI, Packery Channel Public & Environmental
Facilities, which is attached to and incorporated into this ordinance as Attachment K.
SECTION 7. This ordinance goes into effect upon approval of these amendments to
the Corpus Christi, Texas, Dune Protection and Beach Access Regulations, by the
General Land Office under s15.8(e) ofTitle 31 of the Texas Administrative Code.
SECTION 8. 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 9. If for any reason any section, paragraph, subdivision, clause, phrase,
word or provision of this ordinance shall be held invalid or unconstitutional by final
R24012D3.doc
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no
4
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 of this ordinance be given full force and effect for its purpose.
SECTION 10. 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 11. 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
,2002.
ATTEST:
THE CITY OF CORPUS CHRISTI
Samuel L. Neal, Jr.
Mayor
Armando Chapa
City Secretary
APPROVED: This 15th day of February, 2002:
James R. Bray, Jr.
City Attorney
By: ~~
R. J Y eining
First Assistant City Attorney
R24012D3.doc
..-...,......-.-
u
~
,
5
Corpus Christi, Texas
day of
,2002
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance an
emergency exists requiring suspension of the Charter rule as to consideration and
voting upon ordinances at two regular meetings: I/we, therefore, request that you
suspend said Charter rule and pass this ordinance finally on the date it is introduced, or
at the present meeting of the City Council.
Respectfully,
Respectfully,
Samuel L. Neal, Jr.
Mayor
Council Members
The above ordinance was passed by the following vote:
Samuel L. Neal, Jr.
Brent Chesney
Javier D. Colmenero
Henry Garrett
Sill Kelly
Rex A. Kinnison
John Longoria
Jesse Noyola
Mark Scott
R24012D3.doc
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APPENDIX I
INDUSTRIAL USES PERMITTED/NOT PERMITTED
(NOTE: This appendix reproduces a cOpy of Appendix 1 to Chapter 15. Title 31 Texas Administrative
Code. as effective on Februarv 1. 2002. It is provided for reference onlv. Revised versions of Appendix 1
to Chapter 15,31 Texas Administrative Code. mav be substituted without further action bv the City
CouncIl.)
A local government is not authorized to issue a permit or certificate authorizing construction or operation
of the industrial facilities listed in this appendix within critical dune areas or seaward of a dune protection
line, as provided in ~ 15.4(c){5) of this title (relating to Dune Protection Standards), with the exception of
activities in Part 1, Division D, Major Group 20, Industry Group 209, Industry Numbers 2091 and 2092, as
provided in the definition of "industrial facilities" in ~ 15.2 of this title (relating to Definitions). This appendix
is taken from the Standard Industrial Classification Manual as adopted by the Executive Office of the
President, Office of Management and Budget (1 987 ed.).
DIVISION D. MANUFACTURING
Major Group 20.
Major Group 21
Major Group 22.
Major Group 23.
Major Group 24.
Major Group 25.
Major Group 26.
Major Group 27.
Major Group 28.
Major Group 29.
Major Group 30.
Major Group 31.
Major Group 32.
Major Group 33.
Major Group 34.
Major Group 35.
Major Group 36.
Major Group 37.
R24012P3.doc
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Food and kindred products, except Industry Numbers 2091 and 2092
Tobacco products
Textile mill products
Apparel and other finished products made from fabrics and similar materials
Lumber and wood products, except furniture
Furniture and fixtures
Paper and allied products
Printing, publishing, and allied industries
Chemicals and allied products
Petroleum refining and related industries
Rubber and miscellaneous plastics products
Leather and leather products
Stone. clay, glass, and concrete products
Primary metal industries
Fabricated metal products, except machinery and transportation equipment
Industrial and commercial machinery and computer equipment
Electronic and other electrical equipment and components, except computer
equipment
Transportation equipment
ATTACHMENT A - 1
,.
Major Group 38.
Measuring, analyzing, and controlling instruments: photographic, medical and
optical goods; watches and clocks
Major Group 39.
Miscellaneous manufacturing industries
DIVISION E. TRANSPORTATION, COM- MUNICATIONS, ELECTRIC. GAS, AND SANITARY
SERVICES
Major Group 49.
Sanitary services (sewerage systems, refuse systems, sanitary services not
elsewhere classified)
MISCELLANEOUS FOOD PREPARATIONS AND KINDRED PRODUCTS
Industrial facilities listed in Industry Number 2091 are not considered "industrial facilities" as defined in ~
15.2 of this title (relating to Definitions).
2091 Canned and Cured Fish and Seafoods
Establishments primarily engaged in cooking and canning fish, shrimp, oysters, clams, crabs, and other
seafoods. including soups; and those engaged in smoking, saiting, drying, or otherwise curing fish and
other seafoods for the trade. Establishments primarily engaged in shucking and packing fresh oysters in
nonsealed containers, or in freezing or preparing fresh fish, are classified in Industry 2092.
- Canned fish, crustacea, and mollusks
- Caviar, canned
- Chowder, fish and seafood: canned
- Clam bouillon, broth, chowder, juice: bottled or canned
- Codfish: smoked, salted, dried and pickled
-- Crab meat, canned and cured
- Finnan haddie (smoked haddock)
- Fish and seafood cakes: canned
- Fish egg bait, canned
- Fish, canned and cured
- Fish: cured, dried, pickled, salted, and smoked
Herring: smoked, salted, dried, and pickled
Mackerel: smoked, salted, dried, and pickled
- Oysters, canned and cured
- Salmon: smoked, salted, dried, canned, and pickled
-- Sardines, canned
R24012D3.doc
ATTACHMENT A - 2
11
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11'
Seafood products, canned and cured
Shellfish, canned and cured
Shrimp, canned and cured
Soups, fish and seafood: canned
Stews, fish and seafood: canned
-- Tuna fish, canned
MISCELLANEOUS FOOD PREPARATIONS AND KINDRED PRODUCTS
Industrial facilities listed in Industry Number 2092 are not considered "industrial facilities" as defined in ~
15.2 of this title (relating to Definitions).
2092 Prepared Fresh or Frozen Fish and Seafoods
Establishments primarily engaged in preparing fresh and raw or cooked frozen fish and other seafoods
and seafood preparations, such as soups, stews. chowders, fishcakes. crabcakes, and shrimpcakes.
Prepared fresh fish are eviscerated or processed by removal of heads, fins, or scales. This industry also
includes establishments primarily engaged in the shucking and packing of fresh oysters in nonsealed
c:ontainers.
- Chowders, fish and seafood: frozen
- Crabcakes, frozen
- Crabmeat picking
- Crabmeat, fresh: packed in nonsealed containers
Fish and seafood cakes, frozen
Fish Fillets
Fish slicks
Fish: fresh and frozen, prepared
Oysters, fresh: shucking and packing in non- sealed containers
- Seafoods, fresh and frozen
Shellfish, fresh and frozen
Shellfish, fresh: shucked, picked, or packed
Shrimp, fresh and frozen
- Soups, fish and seafood: frozen
-- Stews, fish and seafood: frozen
R24012D3.doc
ATTACHMENT A - 3
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APPENDIX IV
FLOW CHART OF APPLICATION PROCESS FOR MASTER PLANNED DEVELOPMENTS
PreMsubmission
Conference
Full application submitted to the
Planning Department
P1anntng Department:
1. Delennlnes application canple18;
2. Schedules Planning Commission meeting; and
3. __ applicant of 11am. 1 and 2.
5 work/no dlJVS
Planning Department forwards to Gen8fal
Land OffIce and OffIce of Attomey General:
1. Complated appllcallon: and
2. Prelininary detennination.
1 0 werle/no davs
Planning Department
receive. GLOIOAG
comments if any.
10 - 15 worlcina davs
Planning Department forwards 10 Beach I
Dune Committee
1. Complete Application;
2. City Staff Recommendation;
and
3. Stale agency comments If any.
10. 15 worlcina dsvs
Planning Commission makes a reaxnmendatlon.
10 . 20 worfcina davs
City Council takes action on an ordinance.
15 - 20 worlrlna d8VS
CIty submits approved ordInance to
GLO/OAG for Approval.
20 - 80 work/no days
I Approval Process 80 to 145 total working days
R24012D3.doc
ATTACHMENT B -- 1
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APPENDIX V
FLOW CHART FOR APPLICATION PROCESS FOR DUNE PROTECTION PERMIT OR BEACHFRONT
CONSTRUCTION CERTIFICATE
R24012D3.doc
ATTACHMENT C - 1
-
"
R24012D3.doc
.
APPENDIX V.A.
BEACHFRONT CONSTRUCTION CERTIFICATE
APPLICATION PROCESS - SHORT FORM
Application
Incomplete
AppUcant Submits Completed Short Form
Director of Planning Determines if application is
complete
Does not qualify for Short
FonnProcesa
No
Director of PlSMing Detennlnes if Proposed Construction:
3. Is seaward of the erosion area Une, erosion area restriction line. or
located on an existing or designated future beach access? Yes
No
1. Functionally supports or depends on, or othelwlse relates to proposed
or existing structures that encroach on the publiC beach?
Yes
No
2. If within 200 feet landward of the vegetation line. and i"dudes a
retaining wall or impervious surface?
5 worlrina d8V3 to anSWllr Ouutions 1 thru 3 Yes
If I thru 3 are
On~tinnnhl,.
Submit application and preliminary
determination to GLO/OAG
10 workJna days
If I thru 3 are N
Submit application and
pretiminary delermlnation to
GLOIOAG
10 worItino dBW
BeachlOune
Committee determines
if 1 thru 3 above are
NO.
5-10 worl<;na davs
If anyone at
questions 1 thu 3
loVES
Short Form
Application
Denied
5 WOIkino davs
Applicant required to IUbmI
full applicatlon. (See AppondIl<
V.c)
Copy 10
GLOIOAG
Approval Process 5 to 30 Wonclng Days I
ATTACHMENT C - 2
TI
'"",.'_._~"M._~-"'~__.___"__
~
APPENDIX V.S
PRELIMINARY DETERMINATION IF
DUNE PROTECTION PERMIT REQUIRED
Pre.submission
Conference
Applicant submits desaiptlon of
proposed construction
Director of the Planning Department detennlnes ~ proposed
construction:
1. Is landward of the Dune Protection Una
No
Yea Pennltnot
required.
Yea Permit not
leqUired.
Yea
No
2. Is an exempted use?
3. Is a prohibited use?
No
L:.
Adversely affects critical dunes or dune vegetation?
5 worl<inQ days to answer Questions 1 - 4
Letter of findings to
GLOIOAG.
No
Yes
Questionable
Beach I Dune Committee determines if It
adversely affects aiUcal dunes or dune
vegetation
10 - 15 ina days
II Letter Of' findings to
GLO I OAG.
t
____~.__,--1
~
I
If yes, permit
required.
If no, permit not
required.
1
Applicant required to submit
Full Application
Aooendix V.c
Letter of findings to
GLO I OAG.
Approval ~ess 5 to 20 Working Days
R24012D3.doc
ATTACHMENT C - 3
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APPENDIX V.C
PROCESS FOR FULL APPLICATION
BEACHFRONT CONSTRUCTION CERTIFICATE
AND I OR DUNE PROTECTION PERMIT
Proposed ConstructIOn
will require full application
as described within
Regulations.
Full application submitted to Planning
Deparb'nent
Planning Department
1. Determines application complete;
2. Schedules Beach/Dune Committee meeting; and
3. A<Mses applicant of items 1 and 2.
5 worlcina davs
Planning Department forwards to General
Land Offlce and Office of Attorney General:
1. Completed application: and
2. Preliminary detennination.
S worlcina d8VS
P\anning Department
rvcot_ GLOIOAG
comments if any.
10. 15 workino davs
Planning Department forwards to Beach I
Dune CommIttee
1. Complete Application:
2. City Staff Recommendation;
and
3. State agency comments if any.
Beach I Dune Committee takes
action
10 _15 workina d8VS
Copy to
GLO/OAG
Approval Process 30 to 40 Working Days I
Application Incomplete
- -.
ATTACHMENTC -4
m
APPENDIX VI
DESIGNATION OF ACCESS WAYS, PARKING AREAS, AND BEACHES CLOSED TO MOTOR
VEHICLES
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APPENDIX VI
Inventory of ..Pullc Access Ways.
Parking Are.~~, & Beaches Closed
to Motor /1 ehicles
.
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R24012D3.doc
ATTACHMENT D - 1
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APPENDIX VIII
INTERLOCAL AGREEMENTl! FOR 8E!\CIoI MAINTENAtJCE \'\'ITIoI tlUECES COUtlTY RELATING TO
RECIPROCAL RECOGNITION OF BEACH PARKING PERMITS OR UNIFIED PARKING PERMIT
PROGRAMS WITH CITY OF PORT ARANSAS, NUECES COUNTY. AND KLEBERG COUNTY
(RESERVEDl
R24012D3.doc
ATTACHMENTE -1
11
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APPENDIX XI
31 TAC CHAPTER 31 (COASTAL AREA PLANNING)
(NOTE: This appendix reproduces a copy of Chapter 31, Title 31 Texas Administrative Code. as effective
on February 1, 2002. It is provided for reference only. Revised versions of Chapter 63 may be
substituted without further action by the City Council)
TITLE 31. NATURAL RESOURCES AND CONSERVATION
PART 1, GENERAL LAND OFFICE
CHAPTER 15. COASTAL AREA PLANNING
SUBCHAPTER A. MANAGEMENT OF THE BEACH/DUNE SYSTEM
!i 15.1. Policy
The General Land Office has identified the following goals as a basis for managing and regulating human
impacts on the beach/dune system:
(1) to assist coastal citizens and local governments in protecting public health and safety and in
protecting, preserving, restoring, and enhancing coastal natural resources including barrier
islands and peninsulas, mainland areas bordering the Gulf of Mexico, and the floodplains,
beaches, and dunes located there;
(2) to aid coastal landowners and local governments in using beachfront property in a manner
compatible with preserving public and private property, protecting the public's right to benefit from
the protective and recreational functions of a healthy beach/dune system, conserving the
environment, conserving flora and fauna and their habitat, ensuring public safety, and minimizing
loss of life and property due to inappropriate coastal development and the destruction of
protective coastal natural features;
(3) to foster mutual respect between public and private property owners and to assist local
governments in managing the Texas coast so that the interests of both the public and private
landowners are protected;
(4) to promote dune protection and ensure that adverse effects on dunes and dune vegetation are
avoided whenever practicable. If such adverse effects cannot be avoided and have been
minimized, every effort must be made to repair, restore, and rehabilitate existing dunes and dune
vegetation;
(5) to prevent the destruction and erosion of public beaches and other coastal public resources,
to encourage the use of environmentally sound erosion response methods, and to discourage
those methods such as rigid shorefront structures which can have a harmful impact on the
environment and public and private property;
(6) to aid communities located on barrier islands, peninsulas, and mainland areas bordering the
Gulf of Mexico which are extremely vulnerable to flooding and property damage due to violent
storms by working to reduce flood losses, by minimizing any waste of public funds in the National
Flood Insurance Program, and by ensuring that the insurance remains available and affordable;
(7) to protect the public's right of access to. use of, and enjoyment of the public beach and
associated facilities and services as established by state common law and statutes. The public
has vested property rights in Texas' public beaches, and free use of and access to and from the
beaches are guaranteed. The Open Beaches Act requires local governments to preserve and
enhance use of public beaches and access between the beaches and public roads. If an access
point must be closed, then existing law requires it to be replaced with equal or better access
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consistent with the appropriate local dune protection and beach access plan. Whenever
practicable, local governments should enhance public beach use and access;
(8) to provide coordinated, consistent. responsive, timely, and predictable governmental decision
making and permitting processes;
(9) to recognize that the beach/dune system contains resources of statewide value and concern,
which local governments are in the best position to manage on a daily basis. This subChapter is
designed to provide local governments with the necessary tools for effective coastal management
and are regarded as a minimum standard; local governments are encouraged to develop
procedures that provide greater protection for the beach/dune system; and
(10) to educate the public about coastal issues such as dune protection, beach access, erosion,
and flood protection, and to provide for public participation in the protection of the beach/dune
system and in the development and implementation of the Texas Coastal Management Program.
Source: The provisions of this 915.1 adopted to be effective February 17, 1993, 18 TexReg 661.
915.2. Definitions
The following words and terms, when used in this subchapter, sna!1 have the following meanings, unless
the context clearly indicates otherwise.
(1) Affect - As used in this subchapter regarding dunes, ,june vegetation, and the public beach,
'affect' means to produce an effect upon dunes, dune vegetation, or public beach use and
access.
(2) Amenities - Any nonhabitable major structure including swimming pools, bathhouses,
detached garages, cabanas, pipelines, piers, canals, lakes, ditches, artificial runoff channels and
other water retention structures, roads, streets, highways, parking areas and other paved areas
(exceeding 144 square feet in area), underground storage tanks, and similar structures.
(3) Applicant -- Any person applying to a local government for a permit and/or certificate for any
construction or development plan.
(4) Backdunes -- The dunes located landward of tht! foredune ridge which are usually well
vegetated but may also be unvegetated and migratory. These dunes supply sediment to the
beach after the foredunes and the foredu'le ridge h~ve been destroyed by natural or human
activities.
(5) Beach access - The right to use and enjoy the public beach, including the right of free and
unrestricted ingress and egress to and from the public beach.
(6) Beach/Dune Rules -- 31 TAC 9915,1 - 15.10.
(7) Beach/dune system -- The land from the line of mean low tide of the Gulf of Mexico to the
landward limit of dune formation,
(8) Beachfront construction certificate or certificate -- The document issued by a local government
that certifies that the proposed construction either is consistent with the local government's dune
protection and beach access plan or is inconsistent with the iocal government's dune protection
and beach access plan. In the latter case, the local government must specify how the
construction is inconsistent with the plan, as required by the Open Beaches Act, 961.015.
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(9) Beach maintenance - The cleaning or removal of debris from the beach by handpicking,
raking, or mechanical means.
(10) Beach profile - The shape and elevation of the beach as determined by surveying a cross
section of the beach.
(11) Beach-related services -- Reasonable and necessary services and facilities directly related to
the public beach which are provided to the public to ensure safe use of and access to and from
the public beach, such as vehicular controls, management, and parking (including acquisition and
maintenance of off-beach parking and access ways); sanitation and litter control; lifeguarding and
lifesaving; beach maintenance; law enforcement; beach nourishment projects: beach/dune
system education; beach/dune protection and restoration projects; providing public facilities such
as restrooms, showers, lockers, equipment rentals, and picnic areas; recreational and
refreshment facilities; liability insurance; and staff and personnel necessary to provide beach-
related services. Beach-related services and facilities shall serve only those areas on or
immediately adjacent to the public beach.
(12) Beach user fee -- A fee collected by a local government in order to establish and maintain
beach-related services and facilities for the preservation and enhancement of access to and from
and safe and healthy use of public beaches by the public.
(13) Blowout -- A breach in the dunes caused by wind erosion.
(14) Breach -- A break or gap in the continuity of a dune caused by wind or water.
(15) Bulkhead -- A structure or partition built to retain or prevent the sliding of land. A secondary
purpose is to protect the upland against damage from wave action.
(16) Coastal and shore protection project -- A project designed to slow shoreline erosion or
enhance shoreline stabilization, including, but not limited to, erosion response structures, beach
nourishment, sediment bypassing, construction of man-made vegetated mounds, and dune
revegetation.
(17) Commercial facility -- Any structure used for providing, distributing, and selling goods or
services in commerce including, but not limited to. hotels. restaurants, bars, rental operations,
and rental properties.
(18) Construction - Causing or carrying out any building, bulkheading, filling, clearing,
excavation, or substantial improvement to land or the size of any structure. 'Building' includes, but
is not limited to, all related site work and placement of construction materials on the site. 'Filling'
includes, but is not limited to, disposal of dredged materials. 'Excavation' includes, but is not
limited to, removal or alteration of dunes and dune vegetation and scraping, grading, or dredging
a site. 'Substantial improvements to land or the size of any structure' include, but are not limited
to, creation of vehicular or pedestrian trails, landscape work (that adversely affects dunes or dune
vegetation), and increasing the size of any structure.
(19) Coppice mounds - The initial stages of dune growth formed as sand accumulates on the
downwind side of plants and other obstructions on or immediately adjacent to the beach seaward
of the foredunes. Coppice mounds may be unvegetated.
(20) Critical dune areas - Those portions of the beach/dune system as designated by the
General Land Office that are located within 1,000 feet of mean high tide of the Gulf of Mexico that
contain dunes and dune complexes that are essential to the protection of public beaches,
submerged land, and state- owned land, such as public roads and coastal public lands, from
nuisance, erosion, storm surge, and high wind and waves. Critical dune areas include, but are not
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limited to, the dunes that store sand in the beach/dune system to replenish eroding public
beaches.
(21) Cumulative impact -- The effect on beach use and access. on a critical dune area, or an area
seaward of the dune protection line which results from the incremental effect of an action when
added to other past, present. and reasonably foreseeable future actions regardless of what
agency or person undertakes such other actions. Cumulative effects can result from individually
minor but cOllectively significant actions taking place over a period of time.
(22) Dedication -- Includes, but is not limited to, a restrictive covenant, permanent easement, and
fee simple donation.
(23) Dune - An emergent mound, hill, or ridge of sand, either bare or vegetated. located on land
bordering the waters of the Gulf of Mexico. Dunes are naturally formed by the windward transport
of sediment, but can also be created via man-made vegetated mounds. Natural dunes are usually
found adjacent to the uppermost limit of wave action and are usually marked by an abrupt change
in slope landward of the dry beach. The term includes coppice mounds, foredunes, dunes
comprising the foredune ridge, backdunes, and man-made vegetated mounds.
(24) Dune complex or dune area -- Any emergent area adjacent to the waters of the Gulf of
Mexico in which several types of dunes are found or in which dunes have been established by
proper management of the area. In some portions of the Texas coast, dune complexes contain
depressions known as swales.
(25) Dune Protection Act -- Texas Natural Resources Code, S S 63.001, et seq.
(26) Dune protection and beach access plan or plan -- A local government's legally enforceable
program, policies, and procedures for protecting dunes and dune vegetation and for preserving
and enhancing use of and access to and from public beaches, as required by the Dune Protection
Act and the Open Beaches Act.
(27) Dune protection line -- A line established by a county commissioners court or the governing
body of a municipality for the purpose of preserving, at a minimum, all critical dune areas
identified by the General Land Office pursuant to the Dune Protection Act, S 63.011, and S 15.3(1)
of this titie (relating to Administration). A municipality is not authorized to establish a dune
protection line unless the authority to do so has been delegated to the municipality by the county
in which the municipality is located. Such lines will be located no farther than 1,000 feet landward
of the mean high tide of the Gulf of Mexico.
(28) Dune protection permit or permit -- The document issued by a local government to authorize
construction or other regulated activities in a specified location seaward of a dune protection line
or within a critical dune area, as provided in the Texas Natural Resources Code, S 63.051.
(29) Dune vegetation -- Flora indigenous to natural dune complexes, and growing on naturally-
formed dunes or man-made vegetated mounds on the Texas coast and can include coastal
grasses and herbaceous and woody plants.
(30) Effect or effects - 'Effects' include: direct effects - those impacts on public beach use and
access, on critical dune areas, or on dunes and dune vegetation seaward of a dune protection
line which are caused by an action and occur at the same time and place; and indirect effects --
those impacts on beach use and access, on critical dune areas, or on dunes and dune vegetation
seaward of a dune protection line which are caused by an action and are later in time or farther
removed in distance than a direct effect, but are still reasonably foreseeable. Indirect effects may
include growth inducing effects and other effects related to induced changes in the pattem of land
use, population density, or growth rate, and related effects on air and water and other natural
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systems, including ecosystems. 'Effects' and 'impacts' as used in this subchapter are
synonymous. 'Effects' may be ecological (such as the effects on natural resources and on the
components, structures, and functioning of affected ecosystems), aesthetic, historic, cultural,
economic, social, or health, whether direct, indirect. or cumulative.
(31) Eroding area -- A portion of the shoreline which is experiencing an historical erosion rate of
greater than two feet per year based on published data of the University of Texas at Austin,
Bureau of Economic Geology. Local governments may establish an 'eroding area boundary' in
beach/dune plans; this boundary shall be whichever distance landward of the line of vegetation is
greater: 200 feet, or the distance determined by muitiplying 50 years by the annual historical
erosion rate (based on the most recent data published by the University of Texas at Austin,
Bureau of Economic Geology).
(32) Erosion - The wearing away of land or the removal of beach and/or dune sediments by
wave action, tidal currents, wave currents, drainage, or wind. Erosion includes, but is not limited
to, horizontal recession and scour and can be induced or aggravated by human activities.
(33) Erosion response structure -- A hard or rigid structure built for shoreline stabilization which
includes, but is not limited to, a jetty, groin, breakwater. bulkhead, seawall, riprap, rubble mound,
revetment, or the foundation of a structure which is the functional equivalent of these specified
structures.
(34) FEMA - The United States Federal Emergency Management Agency. This agency
administers the National Flood Insurance Program and publishes the official flood insurance rate
maps.
(35) Foredunes - The first clearly distinguishable, usually vegetated, stabilized large dunes
encountered landward of the Gulf of Mexico. On some portions of the Texas Gulf Coast,
foredunes may also be large, unvegetated, and unstabilized. Although they may be large and
continuous, foredunes are typically hummocky and discontinuous and may be interrupted by
breaches and washover areas. Foredunes offer the first significant means of dissipating storm-
generated wave and current energy issuing from the Gulf of Mexico. Because various heights and
configurations of dunes may perform this function, no standardized physical description applies.
Foredunes are distinguishable from surrounding dune types by their relative location and physical
appearance.
(36) Foredune ridge -- The high continuous line of dunes which are usually well vegetated and
rise sharply landward of the foredune area but may also rise directly from a flat, wave-cut beach
immediately after a storm.
(37) Habitable structure perimeter or footprint - The area of a lot covered by a structure used or
usable for habitation. The habitable structure perimeter or footprint does not include incidental
projecting eaves, balconies. ground-level paving, landscaping, open recreational facilities (for
example, pools and tennis courts). or other similar features.
(38) Habitable structures -- Structures suitable for human habitation including, but not limited to,
single or multi-family residences, hotels, condominium buildings, and buildings for commercial
purposes. Each building of a condominium regime is considered a separate habitable structure,
but if a building is divided into apartments, then the entire building, not the individual apartments,
is considered a single habitable structure. Additionally, a habitable structure includes porches,
gazebos, and other attached improvements.
(39) Industrial facilities -- Include, but are not limited to, those establishments listed in Part 1,
Division D, Major Groups 20-39 and Part 1, Division E, Major Group 49 of the Standard Industrial
Classification Manual as adopted by the Executive Office of the President, Office of Management
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and Budget (1987 ed.). However, for the purposes of this subchapter, the establishments listed in
Part 1, Division D, Major Group 20, Industry Group Number 209, Industry Numbers 2091 and
2092 are not considered 'industrial facilities.' These establishments are listed in 'Appendix I'
attached to this section.
(40) Large-scale construction -- Construction activity greater than 5,000 square feet in area and
habitable structures greater than two stories in height. Multiple-family habitable structures are
typical of this type of construction.
(41) Line of vegetation -- The extreme seaward boundary of natural vegetation which spreads
continuously inland. The line of vegetation is typically used to determine the landward extent of
the public beach.
(42) Local government - A municipality, county, any special purpose district, any unit of
government, or any other political subdivision of the state.
(43) Man-made vegetated mound -- A mound, hill, or ridge of sand created by the deliberate
placement of sand or sand trapping devices including sand fences, trees. or brush and planted
with dune vegetation.
(44) Master plan -- A plan developed by the applicant in consultation with the General Land
Office, the Office of the Attorney General, the applicant or applicants, and the local government,
for the development of an area subject to the beach/dune rules, as identified in 9 15.3 of this title
(relating to Administration). The master plan shall fully describe in narrative form the proposed
development and all proposed land and water uses, and shall include maps, drawings, and
tables, and other information, as needed. The master plan must, at a minimum, fully describe the
general geology and geography of the site, land and water use intensities, size and location of aD
buildings, structures, and improvements, all vehicular and pedestrian access ways, and parking
or storage facilities, location and design of utility systems, location and design of any erosion
response structures, retaining walls, or stormwater treatment management systems, and the
schedule for all construction activities described in the master plan. The master plan shall comply
with the Open Beaches Act and the Dune Protection Act. The master pian shall provide for overall
compliance with the beach/dune rules, but may vary from the specific standarus, means and
methods provided in the beach/dune rules if the degree of dune protection and the public's right
to safe and healthy use of and access to and from the public beach are preserved. If all impacts
to dunes, dune vegetation and public beach use and access are accurately identified, local
govemments shall not require permits or certificates for construction on the individual lots within
the master plan area. Master plans are intended to provide a comprehensive option for planning
along the Texas coast.
(45) Material changes - Changes in project design, construction materiais, or construction
methods or in the condition of the construction site which occur after an application is submitted
to a local government or after the local government issues a permit or certificate. Material
changes are those additional or unanticipated changes which have caused or wiil cause adverse
effects on dunes, dune vegetation, or beach access and use, or exacerbation of erosion on or
adjacent to the construction site.
(46) Mitigation sequence - The series of steps which must be taken if dunes and dune vegelalion
will be adversely affected. First, such adverse effects shall be avoided. Second, adverse effects
shall be minimized. Third, the dunes and dune vegetation adversely affected shall be repaired,
restored, or replaced. Fourth, the dunes and dune vegetation adversely affected shall be replaced
or substituted to compensate for the adverse effects.
(47) National Flood Insurance Act -- 42 United States Code, 9 !i 4001, et seq.
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(48) Natural resources -- Land, fish, wildlife, insects, biota, air, surface water, groundwater,
plants, trees, habitat of flora and fauna, and other such resources.
(49) Open Beaches Act -- Texas Natural Resources Code, 9961001, et seq.
(50) Owner or operator -- Any person owning, operating. or responsible for operating commercial
or Industrial facilities.
(51) Permit or certificate condition -- A requirement or restriction in a permit or certificate
necessary to assure protection of life, natural resources, property, and adequate beach use and
access rights (consistent with the Dune Protection Act) which a permittee must satisfy in order to
be in compliance with the permit or certificate.
(52) Permittee - Any person authorized to act under a permit or a certificate issued by a local
government.
(53) Person -- An individual, firm, corporation, association, partnership, consortium, joint venture,
commercial entity, United States Government, state, municipality, commission, political
subdivision, or any intemational or interstate body or any other govemmental entity.
(54) Pipeline -- A tube or system of tubes used for the transportation of oil. gas, chemicals, fuels,
water, sewerage, or other liquid, semi-liquid, or gaseous substances.
(55) Practicable -- In determining what is practicable, local govemments shall consider the
effectiveness, scientific feasibility, and commercial availability of the technology or technique.
Local governments shall also consider the cost of the technology or technique.
(56) Production and gathering facilities - The equipment used to recover and move oil or gas
from a well to a main pipeline, or other point of delivery such as a tank battery, and to place such
oil or gas into marketable condition. Included are pipelines used as gathering lines, pumps, tanks,
separators, compressors, and associated equipment and roads.
(57) Project area -- The portion of a site or sites which will be affected by proposed construction.
(58) Public beach -- As used in this subchapter, 'public beach' is defined in the Texas Natural
Resources Code, 961.013(c).
(59) Recreational activity -- Includes, but is not limited to, hiking, sunbathing, and camping for
less than 21 days. As used in 9 15.3(s)(2)(C} of this title (relating to Administration), recreational
activities are limited to the private activities of the person owning the land and the social guests of
the owner. Operation of recreational vehicles is not considered a recreational activity, whether
private or public.
(60) Recreational vehicle -- A dune buggy, marsh buggy, minibike, trail bike, jeep, or any other
mechanized vehicle used for recreational purposes.
(61) Restoration -- The process of constructing man-made vegetated mounds, repairing damaged
dunes, or vegetating existing dunes.
(62) Retaining wall -- A structure designed to contain or which primarily contains material or
prevents the sliding of land. Retaining walls may collapse under the forces of normal wave
activity .
(63) Sand budget -- The amount of all sources of sediment, sediment traps, and transport of
sediment within a defined area. From the sand budget, it is possible to determine whether
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sediment gains and losses are in balance.
(64) Seawall -- An erosion response structure specifically designed to or which will withstand
wave forces.
(65) Seaward of a dune protection line -- The area between a dune protection line and the line of
mean high lIde.
(66) Small-scale construction -- Construction activity less than or equal to 5,000 square feet and
habitable structures less than or equal to two stories in height. Single-family habitable structures
are typical of this type of construction.
(67) Structure -- Includes, without limitation, any building or combination of related components
constructed in an ordered scheme that constitutes a work or improvement constructed on or
affixed to land.
(68) Swales -- Low areas within a dune complex located in some portions of the Texas coast
which function as natural rainwater collection areas and are an integral part of the dune complex.
(69) Unique flora and fauna -- Endangered or threatened plant or animal species listed at16
United States Code Annotated, S 1531, tI',e Endangered Species Act of 1973, and/or the Parks
and Wildlife Code, Chapter 68, or any plant or animal species that a local government has
determined in their local beach/dune plan are rare or uncommon.
(70) Washover areas -- Low areas that are adjacent \0 beaches and are inundated by waves and
storm tides from the Gulf of Mexico. Washovers may be found in abandoned tidal channels or
where foredunes are poorly developed or breached by storm tides and wind erosion.
Source: The provisions of this !i 15.2 adopted to be effective February 17, 1993, 18 TexReg 661;
amended to be effective April 16. 1996, 21 TexReg 3004.
!i 15.3. Administration
(a) Integration of dune protection and beach access programs. The Dune Protection Act and the Open
Beaches Act require certain local governments to adopt and implement programs for the preservation of
dunes and the preservation and enhancement of use of and access to and from public beaches. These
Acts provide for regulation of generally the same activities and the same geographic areas, and their
requirements are scientifically and legally related. Local governments required to adopt dune protection
and beach access programs shall integrate them Into a single plan consisting of procedural and
substantive requirements for management of the beach/dune system within their jurisdiction. The
authority to integrate such plans is provided pursuant to the Dune Protection Act, the Open Beaches Act,
and this subchapter. The local government plans 511,,11 be consistent with the requirements of the Open
Beaches Act, the Dune Protection Act, and this subchapter, and each shall, whenever possible,
incorporate the local government's ordinary land use planning procedures.
(b) Boundary of the public beach. The public beach is defined in the Open Beaches Act, !i 61.013(c), and
!i 15.2 of this title (relating to Definitions). The line of vegetation is defined in the Open Beaches Act, !i
61.001(5), and !i 15.2 of this title (relating to Definitions). The line of vegetation is typically used to
determine the landward extent of the public beach. However, there are portions of the Texas coast where
there is no marked vegetation line or the line is discontinuous or modified. In those portions of the coast,
the line of vegetation shall be determined consistent with !i 15.1 O(b) of this title (relating to General
Provisions) and the Open Beaches Act, S 61.016 and S 61.017.
(c) Beachfront construction certification areas. The General Land Office, in conjunction with the attorney.
general's office, has the responsibility of protecting the public's right to use and have access to and from
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the public beach and of providing standards to the local governments certifying construction on iand
adjacent to the Gulf of Mexico consistent with such public rights. The Open Beaches Act, 961.011 (d)(6),
limits the geographic scope of the beachfront construction certification area to the land adjacent to and
landward of public beaches and lying in the area either up to the first public road generally parallel to the
public beach or to any closer public road not parallel to the beach. or the area up to 1,000 feet of mean
high tide, whichever distance is greater. For this area, local governments shall prepare a beach access
and use program, pursuant to the Open Beaches Act, 961.015, for Inclusion In their dune protection and
beach access plans to control any adverse effects of beachfront construction on public beach use and
access. Applications for beach front construction certificates shall be reviewed by local governments for
consistency with their dune protection and beach access plans.
(d) Critical dune areas and dune protection lines. The commissioner of the General Land Office, as
trustee of the public lands of Texas, has the responsibility to identify and protect Texas' critical dune
areas that are essential to the protection of coastal public land, public roads, public beaches, and other
public resources. Local governments have the responsibility to establish dune protection lines for the
purpose of preserving sand dunes within their jurisdiction. The Dune Protection Act, 963.121 and 9
63.012, respectively, limits the geographic scope of critical dune areas and the location of the dune
protection line to that portion of the beach within 1,000 feet of mean high tide of the Gulf of Mexico.
(e) Identification of critical dune areas. Pursuant to the authority provided in the Dune Protection Act, !i
63.121. the General Land Office has identified critical dune areas as all dunes and dune complexes
located within 1,000 feet of mean high tide of the Gulf of Mexico. This Identification is based on the
determination that all of the various protective functions served by the dunes and dune complexes located
within that 1 ,000 feet are essential to the protection of public beaches, submerged land, and state-owned
land, such as public roads and coastal public lands, from nuisance, erosion, storm surge, and high wind
and waves. Critical dune areas are reiated to dune protection lines in that local governments are required
to establish such lines for the purpose of preserving dunes in a location landward of all critical dune
areas. Criteria for establishing dune protection lines shall, at a minimum, include the criteria for
establishing critical dune areas in this subsection.
(f) Establishment of dune protection lines. Pursuant to the authority provided in the Dune Protection Act, !i
63.011, local governments shall establish and maintain dune protection lines which preserve, at a
minimum, the dunes within the critical dune areas as defined in this subchapter. A local government must
conduct a field inspection to determine the appropriate location of the line unless it proposes to establish
or relocate its line at a distance of 1,000 feet of mean high tide of the Gulf of Mexico, as that 1,000 feet is
the maximum extent of the local government's Jurisdiction for establishing dune protection lines.
(g) Deadline for establishment of dune protection lines. Local governments shall establish dune protection
lines as part of the dune protection component of their local plans. The local plans shall be submitted to
the state no later than 180 days after the effective date of this subchapter. Therefore, local governments
shall establish dune protection lines no later than 180 days after this subchapter goes into effect.
(h) Information required regarding dune protection lines. Local governments are required to submit the
following information to the General Land Office to allow state evaluation of the adequacy of the dune
protection line location: a map or drawing of the line; a written description of the line; or a written
description and a map or drawing. This information shall be included in the local govemmenfs dune
protection and beach access plan and must clearly designate for the public and the state the location of
the line and the location of dunes seaward of the line. All maps, drawings, or descriptions shall
incorporate sufficient elements of the Texas State Plane Coordinate System to enable such description to
be located on the ground and shall be tied to and/or include the Texas State Plane Coordinates for two or
more monumented points along any described boundary. Each local government shall file a map or
drawing or description of its dune protection line with the clerk of the county or municipality establishing
the line.
(i) State assistance in the establishment of local government dune protection lines. The General Land
Office may assist and advise local governments in establishing or modifying a dune protection line.
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Pursuant to the Dune Protection Act, 9 63.013, local governments shall notify the General Land Office of
the establishment of dune protection lines and any subsequent change in a line. Upon such notification,
the General Land Office shall review the location of the line by examining the map or description of the
line submitted to the state and by conducting field inspections, as necessary. The General Land Office
will review the location of the line to determine whether the line meets the geographic standard of being
located landward of all critical dune areas. If the General Land Office is satisfied that the line meets that
geographiC standard, the General Land Office will nollfy the local government of this finding in writing. If
the line does not meet that geographic standard, the General Land Office will assist and advise the local
government in adjusting the line.
(j) State review of dune protection line location. Each local government shall submit the information
regarding the location of the dune protection line, as required in subsection (h) of this section, to the
Generai Land Office as part of its dune protection and beach access plan. In determining whether to
approve the local plan, the General Land Office will review the various components of the plan, including
the adequacy of the location of a local government's dune protection line (with respect to the protection of
critical dune areas), based on the geographic standards provided In subsection (i) of this section.
(k) Local government review of dune protection line location. Each local government shall review its dune
protection line every five years to determine whether the line is adequately located to achieve the purpose
of preserving critical dune areas. In addition to the five-year review, each local government shall review
the adequacy of the location of the line within 90 days after a tropical storm or hurricane affects the
portion of the coast in its jurisdiction.
(I) Provisions for public hearings on dune protection lines. Local governments shall provide notice of a
public hearing to consider establishing or modifying a dune protection line by publishing such notice at
least three times In the newspaper with the largest circulation in the county. The notice shall be published
not less than ene week nor more than three weeks before the date of the hearing. Notice shall be given to
the General Land Office not less than one week nor more than three weeks before the hearing. In the
notice to the General Land Office, local governments shall also include the information described in
subseoticn (h) of this section.
(m) Local government authority. Local governments shall include in the plans submitted to the General
Land Office and the attorney general's office citations of all statutes, policies, and ordinances which
demonstrate the authority of the local government to implement and enforce the plan in a manner
consistent With the requirements of this subchapter. Local government plans shall also demonstrate the
coordination, on the local level, of the dune protection, beach access, erosion response, and flood
protection programs (if participating in the National Flood Insurance Program under the National Flood
Insurance Act). Each local government shall integrate these programs into one plan for the management
of the beach/dune system within its jurisdiction. The General Land Office will provide written guidance on
the form and content of the plan upon written request by a local government.
(n) Content of local government dune protection and beach access plans. Local government plans shall
contain procedural mechanisms and substantive requirements necessary for compliance with this
subchapter. the Dune Protection Act, and the Open Beaches Act. Local govemments shall attach copies
of this subchapter, the Dune Protection Act, and the Open Beaches Act to their plans, and their plans
shall state that these slate laws are incorporated into the plans. A local government shall also slate in its
plan that any person in violation of the incorporated state laws is in violation of its local plan.
(0) Submission of local government plans to state agencies. Local governments shall submit dune
protection and beach access plans to the General Land Office for review, comment, and certification as to
compliance with this subchapter, the Dune Protection Act, and the Open Beaches Act and to the attorney
general's office for review and comment.
(1) A local government's governing body must formally approve the plan prior to submission to
the slate agencies. Prior to formally approving its plan, a local government may request legal and
technical advice from the General Land Office for assistance in meeting the requirements for
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state agency approval.
(2) The General Land Office shall either grant or deny certification of a local government's
formally approved dune protection and beach access plan within 60 days of receipt of the plan. In
the event of denial, the General Land Office shall send the plan back to the local government with
a statement of specific objections and the reasons for denial of certification, along with suggested
modifications. On receipt, the local government shall revise and resubmit the plan for state
agency review.
(3) The General Land Office shall use the same procedure for reviewing revised or amended
plans as the procedure used for reviewing the plan originally submitted.
(4) The General Land Office's certification of local government plans shall be by adoption into the
rules authorized under the Texas Natural Resources Code, 961.011. The rules adopted by the
General Land Office to certify plans will consist of state approval of the plans, but the text of plans
will not be adopted by the General Land Office.
(5) Subsequent to initial certification, local governments may amend their dune protection and
beach access plans by submitting the proposed changes to the General Land Office for review,
comment, and certification and to the attorney general's office for review and comment.
(6) A local government may request General Land Office certification of a plan or a plan
amendment that includes a variance regarding any requirement or prohibition of this chapter.
(A) A local government requesting certification of a plan or a plan amendment containing
a variance shall submit to the General Land Office a reasoned justification demonstrating
how the variance will provide an equal or better level of protection or equal or better
procedures than provided under this chapter. If the Generai Land Office determines that
the reasoned justification for the variance is incomplete or inadequate, the General Land
Office may return the request to the local government.
(B) The General Land Office may certify a plan or a plan amendment containing a
variance to the beach/dune rules if a local government demonstrates that the variance
provision will advance the public Interest and provide either or, where appropriate, both:
(i) an equal or better level of protection of dunes, dune vegetation, and public
access to and use of the public beach than provided under this chapter, or
(ii) equal or better procedures for evaluating the impacts identified in an
application for a permit or certificate on dunes, dune vegetation, and public
access to and use of the public beach.
(p) Submission deadline for dune protection and beach access plans. Local governments shall submit
dune protection and beach access plans to the General Land Office and the attorney general's office no
later than 180 days from the effective date of this subchapter. If the General Land Office does not
approve a plan, the local government shall submit revisions of the plan until the plan is approved.
However, any local government that submits a revised plan that has not been modified to address the
state comments regarding the statutory requirements and the minimum standards identified in this
subchapter is presumed to be in violation of this subchapter, the Open Beaches Act, and the Dune
Protection Act. Local governments that fail to submit plans within 180 days of the effective date of this
subchapter will be liable for penalties as provided in 9 15.9 of this title (relating to Penalties). Further,
local governments that fail to submit plans by that deadline will not be authorized to permit construction
within the geographic scope of this subchapter.
(q) Areas exempt from local government plans. Local government dune protection and beach access
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plans shall not include the following areas. which are exempt from regulation by local governments:
(1) national park areas, national wildlife refuges, or other designated national natural areas;
(2) state park areas, state wildlife refuges. or other designated state natural areas; and
(3) beaches on Islands and peninsulas not accessible by publiC road or ferry facility for as long as
that condition exists.
(1') State-owned or public land not exempt from local government plans. Local government plans shall
apply to all state-owned or public land other than parks and refuges, subject to the provisions of the
Texas Natural Resources Code, 9931.161, et seq.
(s) Acts prohibited without a dune protection permit or beachfront construction certificate. An activity
requiring a dune protection permit may typically also require a beachfront construction certificate and vice
versa. Local governments shall, whenever possible, issue permits and certificates concurrently when an
activity requires both. In their dune protection and beach access plans, local governments may combine
the dune protection permit and the beachfront construction certificate into a single permit or a two-part
permit; however, they are not required to do so.
(1) Acts prohibited without a dune protection permit. Unless a dune protection permit is properly
issued by a local government authonzing the conduct, no person shall:
(A) damage, destroy, or remove a sand dune or a portion of a sand dune seaward of a
dune protection line or within a critical dune area; or
(B) kill, destroy, or remove in any manner any vegetation growing on a sand dune
seaward of a dune protection line or within a critical dune area.
(2) Activities exempt from permit requirements. Pursuant to the Dune Protection Act, 963.052,
the following activities are exempt from the requirement for a dune protection permit, but are
subject to the requirements of the Open Beaches Act and the rules promulgated under the Open
Beaches Act. Where local governrnents have separate authority to regulate the following
activities, permittees shall comply with the local laws as well. The activities exempt from the
permit requirements are:
(A) exploration for and production cf oil and gas and reasonable and necessary activities
directly related to such exploration and production, including ';onstruction and
maintenance of production and gatnering facilities located in a critical dune area which
serve wells located outside of a critical dune area, provided that SiJch facilities are located
no farther than two miles from the well being served;
(B) grazing livestock and reasonable and necessary activities directly related to grazing;
and
(C) recreational activities other than operation of a recreational vehicle.
(3) Acts prohibited without a beachfront construction certificate. No person shall cause, engage
in, or allow construction on land adjacent to and landward of public beaches and lying in the area
either up to the first public road generally parallel to the public beach or to any closer public road
not parallel to the beach, or to within 1,000 feet of mean high tide, whichever is greater, that
affects or may affect public use of and access to and from public beaches unless the construction
is properly certified by the appropriate local government as consistent with its local plan, this
subchapter, and the Open Beaches Act.
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(4) Permit and certificate application requirements. Local governments shall require that all permit
and certificate applicants fully disclose in the application all items and information necessary for
the local government to make a determination regarding a permit or certificate. Local
governments may require more information, but they shall require that applicants for dune
protection permits and beachfront construction certificates provide. at a minimum, the following
items and information.
(A) Permit application requirements for large-and small-scale construction. For all
proposed construction, local governments shall require applicants to submit the following
items and information:
(i) the name, address, phone number, and, if applicable, fax number of the
applicant, and the name of the property owner. if different from the applicant;
(ii) a compiete legal description of the tract and a statement of its size in acres or
square feet;
(iii) the number of proposed structures and whether the structures are amenities
or habitable structures;
(iv) the number of parking spaces:
(v) the approximate percentage of existing and finished open spaces (those
areas completely free of structures);
(vi) the floor plan and elevation view of the structure proposed to be constructed
or expanded;
(vii) the approximate duration of the construction;
(viii) a description (including location) of any existing or proposed walkways or
dune walkovers on the tract;
(ix) a grading and layout plan identifying all elevations (in reference to the
National Oceanic and Atmospheric Administration datum), existing contours of
the project area (Including the iocation of dunes and swales), and proposed
contours for final grade:
(x) photographs of the site which clearly show the current location of the
vegetation line and the existing dunes on the tract;
(xi) the effects of the proposed activity on the beach/dune system which cannot
be avoided should the proposed activity be permitted, including, but not limited
to, damage to dune vegetation, alteration of dune size and shape, and changes
to dune hydrology;
(xii) a comprehensive mitigation plan which includes a detailed description of the
methods which will be used to avoid, minimize, mitigate and/or compensate for
any adverse effects on dunes or dune vegetation;
(xiii) proof of the applicant's financial capability acceptable to the local
government to mitigate or compensate for adverse effects on dunes and dune
vegetation;
(xiv) an accurate map, site plan, or plat of the site identifying:
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(I) the site by its legal description. including, where applicable, the
subdivision, block, and lot;
(II) the location of the property lines and a notation of the legal
description of adjoining tracts;
(III) the location of the dune protection line, the line of vegetation,
proposed and eXisting structures, and the project area of the proposed
construction on the tract;
(IV) proposed roadways and driveways and proposed landscaping
activities on the tract;
(V) the location of any seawalls or any other erosion response struclures
on the tract and on the properties immediately adjacent to the tract; and
(VI) if known, the location and extent of any man-made vegetated
mounds, restored dunes, fill activities, or any other pre-existing human
modifications on the tract.
(8) Certificate application requirements for large-and small-scale construction. For all
proposed construction, local governments shall require applicants to submit the following
items and information:
(i) the name, address, phone number, and, if applicable, fax number of the
applicant, and the name of the property owner, if different from the applicant;
(ii) a complete legal description of the tract and a statement of its size in acres or
square feet;
(iii) the number of proposed structures and whether the structures are amenities
or habitable structures;
(iv) a statement written by the applicant affirming that the construction, the
completed structure, and use of or access to and from the structure will not
adversely affect the public beach or public beach access ways or exacerbate
erosion,
(v) the approximate duration of the construction;
(vi) a description (includIng location) of any existing or proposed walkways or
dune walkovers on the tract;
(vii) photographs of the site which clearly show the current location of the
vegetation line and any dunes on the tract which are seaward of the dune
protection line;
(viii) an accurate map, site plan, or plat of the site identifying:
(I) the site by its legal description, including, where applicable, the
subdivision, block, and lot;
(II) the location of the property lines and a notation of the legal
description of adjoining tracts;
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(III) the location of the proposed construction and the distance between
the proposed construction and mean high tide, the vegetation line, the
dune protection line, and the landward limit of the beachfront
construction area;
(IV) the location of proposed and existing structures. and the size (in
acres or square feel) of the proposed project area;
(V) proposed roadways and driveways;
(VI) proposed landscaping activities within 200 feet of the line of
vegetation; and
(VII) the location of any retaining walls or erosion response structures on
the tract and on the properties immediately adjacent to the tract and
within 100 feet of the common property line.
(C) Permit and certificate applications for large-scale construction. For all proposed large-
scale construction, local governments shall require applicants to submit the following
additional items and information:
(i) if the tract is located in a subdivision and the applicant is the owner or
developer of the subdivision, a certified copy of the recorded plat of the
subdivision, or, if not a recorded subdivision, a plat of the subdivision certified by
a licensed surveyor, (if the area is located within an un-platted tract, a survey will
suffice) and a statement of the total area of the subdivision in acres or square
feet:
(ii) in the case of multiple-unit dwellings, the number of units proposed;
(iii) alternatives to the proposed location of construction on the tract or to the
proposed methods of construction which would cause fewer or no adverse
effects on dunes and dune vegetation or less impairment of beach access: and
(iv) the proposed activity's impact on the natural drainage pattern of the site and
the adjacent lots.
(D) Submission of readily available information with permit and certificate applications.
For all proposed construction (large and small-scale), if applicants already have the
following items and information, local governments shall require them to be submitted in
addition to the other information required: .
(i) the most recent local historical erosion rate data (as determined by the
University of Texas at Austin, Bureau of Economic Geology) and the activity's
potential impact on coastal erosion; and
(ii) a copy of the FEMA 'Elevation Certificate.'
(E) Submission of information by local governments. For all proposed construction (large
and small-scale), local governments shall provide to the state the following information:
(i) a copy of the community's most recent flood insurance rate map identifying the
site of the proposed construction;
(ii) a preliminary determination as to whether the proposed construction complies
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with all aspects of the local government's dune protection and beach access
plan;
(iii) the activity's potential impact on the community's natural flood protection and
protection from storm surge;
(iv) a descnption as to how the proposed beachfront construction complies with
and promotes the local government's beach access policies and requirements,
particularly, the dune protection and beach access plan's provisions relating to
public beach ingress/egress, off-beach parking, and avoidance of reduction in the
size of the public beach due to erosion; and
(v) copies of aerial photographs of the proposed construction site with a
delineation of the footprint of the proposed construction, if the local government
has aerial photographs of the area in which construction is proposed.
(F) Dissemination of erosion data and other technical information. For all proposed
construction (large and small-scale), the General Land Office shall be the state contact
for erosion rate data questions and supply available technical information to a local
government, upon request.
(5) Master plan. Local governments may adopt separate ordinances or county commissioners
court orders authorizing master plans located within the geographic scope of this subchapter.
These ordinances and orders shall be consistent with and address the dune protection and beach
access requirements of this subchapter, the Dune Protection Act and Open Beaches Act. The
ordinances and orders shall be submitted to the General Land Office and the attomey general's
office for review and approval to ensure consistency with this subchapter. When considering
approval of a master planned development or construction plans and setting conditions for
operations under such plans, local governments shall consider;
(A) the plan's potential effects on dunes, dune vegetation, public beach use and access,
and the applicant's proposal to mitigate for such effects throughout the construction;
(B) the contents of the master planned development; and
(C) whether any component of the master plan, such as installation of roads or utilities, or
construction of structures in critical dune areas or seaward of a dune protection line, will
subsequently require a dune protection permit or a beachfront construction certificate. If a
dune protection permit or beachfront construction certificate will be necessary, the local
government shall require the developer to apply for the permit and/or certificate as part of
the master plan approval process. This requirement only applies if the local government
is authorizing activities impacting critical dune areas and public beach use and access
under its dune protection and beach access plan.
(6) State agency comments.
(A) A person proposing to conduct an activity for which a permit or certificate is required
shall submit a complete application to the appropriate local government. The local
government shall forward the complete application. including any associated materials, to
the General Land Office and the attorney general's office. The application, any
documents associated with the application, and information as to when the decision will
be made must be received by the General Land Office and the attorney general's office
no later than ten working days before the local government is first scheduled to act on the
permit or certificate. Local governments shall not act on a permit or certificate application
if the General Land Office and the attorney general's office have not received the
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application for the permit or certificate at least ten working days before the local
government is first scheduled to act on the permit or certificate. However, a local
government may act on such applications if the state agencies received the application
within the proper time frame and the state does not submit comments on the application
to the local government.
(B) The General Land Office and the attorney general's office may submit comments on
the proposed activity to the local government.
(7) Local government review. When determining whether to approve a proposed activity, a local
government shall review and consider:
(A) the permit or certificate application;
(B) the proposed activity's consistency with this subchapter and the local government's
dune protection and beach access plan, including the dune protection and beachfront
construction standards contained in both;
(C) any other law relevant to dune protection and public beach use and access which
affects the activity under review;
(D) the comments of the General Land Office and the attorney general's office; and
(E) any other information the local government may consider useful to determine
consistency with the local government's dune protection and beach access plan,
including resource information made available to them by federal and state natural
resource entities. A local government shall not issue a dune protection permit or
beachfront construction certificate that is inconsistent with its plan, this subchapter, and
other state, local, and federal laws related to the requirements of the Dune Protection Act
and Open Beaches Act.
(t) Term and renewal of permits and certificates.
(1) A local government's dune protection permits or beachfront construction certificates shall be
valid for no more than lr,ree years from the date of issuance. A local government may renew a
dune protection permit or beach front construction certificate allowing proposed construction to
continue if the activity as proposed in the application for renewal meets the applicable state and
local standards and the permittee supplements the information provided in the original permit or
certificate application materials with additional information indicating any changes to the original
information provided by the applicant. For the purpose of maintaining administrative records for
permits, certificates, and renewals, if any, local governments are required to keep all original
application materials submitted by any applicant for three years, as provided in subsection (u) of
this section. Each renewal of a permit and certificate allowing construction shall be valid for no
more than 90 days. A local government shall issue only two renewals for each permit or
certificate. After the local government issues two renewals, the permittee must apply for a new
permit or certificate. In addition, local governments shall require a permittee to apply for a new
permit or a certificate if the proposed construction is changed in any manner which causes or
increases adverse effects on dunes, dune vegetation, and public beach use and access within
the geographic scope of this subchapter.
(2) Local governments that choose to authorize master plans may adopt a different term limit for
permits and certificates only if the master plans are authorized under a separate, state-approved
ordinance or county commissioners court order. Each master plan will be deemed to be a new
local ordinance or county commissioners court order subject to slate approval regarding effects
on dunes, dune vegetation, and public beach use and access.
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(3) Any dune protection permit or beachfront construction certificate allowing beachfront
construction issued by a local government pursuant to its dune protection and beach access plan
shall be voidable under the following circumstances.
(A) The permit or certificate is inconsistent with this subchapter or the local governmenfs
plan at the time the permit or certificate was issued.
(B) A material change occurs after the permit or certificate is issued.
(C) A permittee fails to disclose any material fact in the application.
(4) A local government shall require that a permittee appiy for a new permit or certificate in the
event of any material changes. A local government shall require that an applicant modify an
application disclosing all information relevant to the material changes, if such changes occur
before the local government issues the permit or certificate.
(5) A permit or certificate automatically terminates in the event the certified construction comes to
lie within the boundaries of the public beach by artificial means or by action of storm, wind, water,
or other naturally influenced causes. Nothing in the certificate shall be construed to authorize the
construction, repair, or maintenance of any construction within the boundaries of the public beach
at any time.
(u) Administrative record.
(1) Local governments shall compile and maintain an administrative record which demonstrates
the basis for each final decision made regarding the issuance of a dune protection permit or
beachfront construction certificate. The administrative record shall include copies of the following:
(A) all materials the local government received from the applicant as part of or regarding
the permit or certificate application;
(B) the transcripts, if any, or the minutes and/or tape of the local governmenfs meeting
during which a final decision regarding the permit or certificate was made; and
(C) all comments received by the local government regarding the permit or certificate.
(2) Local governments shall keep the administrative record for a minimum of three years from the
date of a final decision on a permit or certificate. Local governments shall send to the General
Land Office or the attorney general's office, upon request by either agency, a copy of those
portions of the administrative record that were not originally sent to those agencies for permit or
certificate application review and comment. The record must be received by the appropriate
agency no later than ten working days after the local government receives the request. The state
agency reviewing the administrative record shall notify the appropriate permittee of the request
for a copy of the administrative record from the local government. Upon request of the permittee,
a local government shall provide to the permittee copies of any materials in the administrative
record regarding the permit or certificate which were not submitted to the local government by the
permittee (i.e., the permit application) or given to the permittee by the local government (I.e., the
permit).
Source: The provisions of this 915.3 adopted to be effective February 17, 1993, 18 TexReg 661;
amended to be effective April 16, 1996,21 TexReg 3004; amended to be effective September 25,1997,
22 TexReg 9476.
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~ 15.4. Dune Protection Standards
(a) Dune protection required. This section provides the standards and procedures local governments shall
follow in issuing, denying, or conditioning dune protection permits. A local government shall protect dunes
and dune vegetation from adverse effects resuiting directly or indirectly from construction in a critical dune
area or seaward of its dune protection line. as cumulatively required by the Dune Protection Act. this
subchapter, and that local government's dune protection and beach access plan.
(b) Procedures for local government permit determinations and permit issuance. Before issuing a dune
protection permit, a local government shall make the following determinations.
(1) The proposed activity is not a prohibited activity as defined in subsection (c) of this section, ~
15.5 of this title (relating to Beachfront Construction Standards), or ~ 15.6 of this title (relating to
Concurrent Dune Protection and Beachfront Construction Standards).
(2) The proposed activity will not materially weaken dunes or materially damage dune vegetation
based on the application of technical standards resulting in substantive findings under subsection
(d) of this section.
(3) There are no practicable alternatives to the proposed activity and the impacts cannot be
avoided as provided in subsection (1)(1) of this section.
(4) The applicant's mitigation plan will adequateiy minimize, mitigate, and/or compensate for any
unavoidable adverse effects, as provided in subsections (1)(2)-(5) of this ser-tion.
(c) Prohibited activities. A local government shall not issue a permit or certificate authorizing the following
actions within critical dune areas or seaward of that local government's dune protection line:
(1) activities that are likely to result in the temporary or permanent removal of sand from the
portion of the beach/dune system located on or adjacent to the construction site, including:
(A) moving sand to a location landward of the critical dune area or dune protection line;
and
(B) temporarily or permanently moving sand off the site, except for purposes of permitted
mitigation, compensation. or an approved dune restoration or beach nourishment project
and then only from areas where the historical accretion rate is greater than two feet per
year, and the project does not cause any adverse effects on the sediment budget:
(2) depositing sand, soil, sediment, or dredged spoil which contains the hazardous substances
listed in Volume 40 of the Code of Federal Regulations. Part 302.4, in concentrations which are
harmful to people, flora, and fauna as determined by applicable, relevant, and appropriate
requirements for toxicity standards established by the local, state, and federal governments;
(3) depositing sand, soil, sediment, or dredged spoil which is of an unacceptable mineralogy or
grain size when compared to the sediments found on the site (this prohibition does not apply to
materials related to the installation or maintenance of public beach access roads running
generally perpendicular to the public beach);
(4) creating dredged spoil disposal sites, such as levees and weirs, without the appropriate local,
state, and federal permits;
(5) constructing or operating industrial facilities not in full compliance with all relevant laws and
permitting requirements prior to the effective date of this subchapter;
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(6) operating recreational vehicles;
(7) mining dunes;
(8) constructing concrete slabs or other impervious surfaces within 200 feet landward of the
natural line of vegetation. Local governments may authorize construction of a concrete slab or
other impervious surface beneath a habitable structure elevated on pilings provided the slab will
not extend beyond the perimeter of the structure and will not be structurally attached to the
building's foundation. Local governments shall not authorize the construction, outside the
perimeter of a habitable structure, of a concrete slab or other impervious surface whose area
exceeds 5.0% of the footprint of the habitable structure. The use of permeable materials such as
brick pavers, limestone, or gravel is recommended for drives or parking areas;
(9) depositing trash, waste, or debris inciuding inert materials such as concrete, stone, and bricks
that are not part of the permitted on-site construction;
(10) constructing cistems, septic tanks, and septic fields seaward of any structure serviced by the
cisterns, septic tanks, and septic fields; and
(11) detonating bombs or explosives.
(d) Technical standards for local government determination as to material weakening of dunes and
material damage of dune vegetation within a critical dune area or seaward of a dune protection line. A
local government may approve a permit application only if it finds as a fact, after a full investigation, that
the particular conduct proposed will not materially weaken any dune or materially damage dune
vegetation or reduce the effectiveness of any dune as a means of protection against erosion and high
wind and water. In making the finding as to whether such material weakening or material damage will
occur, a local government shall use the following technical standards. Failure to meet anyone of these
standards will result in a finding of material weakening or material damage and the local govemment shall
not approve the application for the construction as proposed.
(1) The activity shall not result in the potential for increased fiood damage to the proposed
construction site or adjacent property.
(2) The activity shall not result in runoff or drainage patterns that aggravate erosion on or off the
site.
(3) The activity shall not result in significant changes to dune hydrology.
(4) The activity shall not disturb unique flora or fauna or result in adverse effects on dune
complexes or dune vegetation.
(5) The activity shall not significantly increase the potential for wash overs or blowouts to occur.
(e) Local government considerations when determining whether to issue a dune protection permit. Local
governments shall consider the following items and information when determining whether to grant a
permit:
(1) all comments submitted to the local government by the General Land Office and the attorney
general's office;
(2) cumulative and indirect effects of the proposed construction on all dunes and dune vegetation
within critical dune areas or seaward of a dune protection line;
(3) cumulative and indirect effects of other activities on dunes and dune vegetation located on the
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proposed construction site;
(4) the pre-construction type, height, width, slope, volume, and continuity of the dunes, the pre-
construction condition of the dunes, the type of dune vegetation, and percent of vegetative cover
on the site;
(5) the local historical erOSion rate as determined by the University of Texas at Austin, Bureau of
Economic Geology, and whether the proposed construction may alter dunes and dune vegetation
in a manner that may aggravate erosion;
(6) the applicant's mitigation plan for any unavoidable adverse effects on dunes and dune
vegetation and the effectiveness, feasibility. and desirability of any proposed dune reconstruction
and revegetation;
(7) the impacts on the natural drainage patterns of the site and adjacent property;
(8) any significant environmental features of the potentialiy affected dunes and dune vegetation
such as their value and function as floral or faunal habitat or any other benefits the dunes and
dune vegetation provide to other naturai resources;
(9) wind and storm patterns ]ncluding a history of washover patterns;
(10) location of the site en the tiood insunmce rate map; and
(11) success rates of dune stabilization projects in the area.
(I) Mitigation. The mitigation sequence shall be used by local governments in determining whether to
issue a permit, after the determination that no material weakening of dunes or material damage to dunes
or dune vegetation will occur within critical dune areas or seaward of the dune protection line. The
mitigation sequence consists of the following steps: avoiding the impact altogether by not taking a certain
action or parts of an action; minimizing impacts by limiting the degree or magnitude of the action and its
implementation; rectifying the impact by repairing, rehabilitating, or restoring the affected environment:
and compensating for the impact by replacing resources icst or damaged. If, for any reason, an applicant
cannot demonstrate the ability to mitigate adverse effects on dunes and dune vegetation, the local
government is not authorized to issue tile permit. A 10ca: government shall require a permittee to use the
mitigation sequence as a permit condition ]f that local government finds that an activity will result in any
adverse effects on dunes or dune vegetation seaward of a dune protection line or on critical dune areas.
When a local government requires mitigation as a permit condition, it shall require that the permittee
follow the order of the mitigation sequence as provided in this subsection.
(1) Avoidance. Avoidance means avoiding the effect on dunes and dune vegetation altogether by
not taking a certain action or parts of an action. Local governments shall require permittees to
avoid adverse effects on dunes and dune vegetation. Local governments shall not issue a permit
allowing any adverse effects on dunes and dune vegetation located in critical dune areas or
seaward of the dune protection line unless the applicant proves there is no practicable alternative
to the proposed activity, proposed site or proposed methods for conducting the activity, and the
activity will not materially weaken the dunes or dune vegetation. Local governments shall require
permittees to include information as to practicable alternatives in the permit application. Local
governments shall review the permit application to determine whether the permittee has
considered all practicable alternatives and whether one of the practicable alternatives would
cause no adverse effects on dunes and dune vegetation than the proposed activity. Local
governments shall require permittees to employ construction methods which will have no adverse
effects, unless the permittee can demonstrate that the use of such methods is not practicable.
Local governments shall require that permittees undertaking construction in critical dune areas or
seaward of a dune protection line use the following avoidance techniques.
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(A) Routing of nonexempt pipelines. Nonexempt pipelines are any pipelines other than
those subject to the exemption in S 15.3(s)(2)(A) of this title (relating to Administration).
Local governments shall not allow permittees to construct nonexempt pipelines within
critical dune areas or seaward of a dune protection line unless there Is no practicable
alternative.
(8) Location of construction and beach access. Locai governments shall require
permittees proposing construction seaward of dune protection lines and within critical
dune areas to locate all such construction as far landward of dunes as practicable. Local
governments shall not restrict construction which provides access to and from the public
beach pursuant to this provision.
(e) Location of roads. Local governments shall require permittees constructing roads
parallel to beaches to locate the roads as far landward of critical dune areas as
practicable and shall not allow permittees to locate such roads within 200 feet landward
of the natural vegetation line.
. (0) Artificial runoff channels. Local governments shall not permit construction of new
artificial channels, including stormwater runoff channels, unless there is no practicable
alternative.
(2) Minimization. Minimization means minimizing effects on dunes and dune vegetation by limiting
the degree or magnitude of the action and its implementation. Local governments shall require
that permittees minimize adverse impacts to dunes and dune vegetation by limiting the degree or
magnitude of the action and its implementation. If an applicant for a dune protection permit
demonstrates to the local government that adverse effects on dunes or dune vegetation cannot
be avoided and the activity will not materially weaken dunes and dune vegetation, the local
government may issue a permit allowing the proposed alteration, provided that the permit
. contains a condition requiring the permittee to minimize adverse effects on dunes or dune
vegetation to the greatest extent practicable.
(A) Routing of nonexempt pipelines. Nonexempt pipelines are any pipelines other than
those subject to the exemption in S 15.3(s)(2)(A) of this title (relating to Administration). If
a permittee demonstrates that there is no practicable alternative to crossing critical dune
areas, the local government may allow a permittee to construct a pipeline across
previously disturbed areas, such as blowout areas. Where use of previously disturbed
areas is not practicable, the local government shall require the permittee to avoid adverse
effects on or disturbance of dune surfaces and shall require the mitigation sequence if the
adverse effects are unavoidable.
(8) Location of construction and beach access.
(i) Local governments shall require permittees to minimize construction and
pedestrian traffic on or across dune areas to the greatest extent practicable,
taking into account trends of dune movement and beach erosion in that area.
(ii) Local governments may allow permittees to route private and public
pedestrian beach access to and from the public beach through wash over areas
or over elevated walkways in their approved dune protection and beach access
plans. All pedestrian access routes and walkways shall be clearly and
conspicuously marked with permanent signs by the local government if the beach
access is public.
(iii) Local governments shall minimize proliferation of excessive private access by
permitting only the minimum necessary private beach access points to the public
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beach from any proposed subdivision, multiple dwelling, or commercial facility. In
some cases, the minimum beach access points may be only one access point. In
determining the appropriate grouping of access points, the local government
shall consider the size and scope of the development.
(iv) Local governments and the owners and operators of commercial facilities.
subdivisions, and multiple dwellings shall post signs in areas where pedestrian
traffic is high, explaining the functions of dunes and the importance of vegetation
in preserving dunes.
(C) Location of roads.
(i) Wherever practicable, local governments may require permittees to locate
beach access roads in washover areas, blowout areas, or other areas where
dune vegetation has already been disturbed; local governments shall require
permittees to build such roads along the natural land contours, to minimize the
width of such roads, and where possible, to improve existing access roads with
elevated berms near the beach that prevent channelization of floodwaters.
Where practicable, local governments shall require permittees to locate roads at
an oblique angle to the prevailing wind direction.
(Ii) Wherever practicable, local governments shall provide vehicular access to
and from beaches by using existing roads or from roads constructed in
accordance with paragraph (1 He) of this subsection and clause (i) of this
subparagraph. Local governments shall not apply this provision in a manner
which restricts public beach access.
(iii) Local governments shall include in any permit authorizing the construction of
roads a permit condition prohibiting persons from using or parking any motor
vehicle on, through, or across dunes in critical dune areas except for the use of
vehicles on designated access ways.
(D) Artificial runoff channels. Local governments shall only authorize construction of
artificial runoff channels (that direct stormwater flow) if the channels are located in a
manner which avoids erosion and unnecessary construction of additional channels. Local
governments shall require that permittees make maximum use of natural or existing
drainage patterns, whenever practicable. when locating new channels and sto!mwater
retention basins. However, if new channels are necessary, local governments shall
require that permittees direct all runoff inland and not to the Gulf of Mexico through
critical dune areas. where practicable.
(3) Mitigation, Mitigation means repairing, rehabilitating, or restoring affected dunes and dune
vegetation. Local governments shall require permittees. as a condition of the permit, to mitigate
ail adverse effects to dunes and dune vegetation which will occur after a permittee has avoided
and minimized such adverse effects to the greatest extent practicable. Local govemments shall
require the permittee to mitigate damage to dunes and dune vegetation so as to provide, when
compared to the pre-existing dunes and dune vegetation, an equal or greater area of vegetative
cover and dune volume, an equal or greater degree of protection against damage to natural
resources, and an equal or greater degree of protection against flood and erosion damage and
other nuisance conditions to adjacent properties. When determining the appropriate mitigation
method. local governments shall consider the recommendations of the General Land Office,
federal and state natural resource agencies, and dune vegetation experts.
(A) Mitigation standards for dunes. Local governments may allow a permittee to mitigate
adverse effects on dunes using vegetative or mechanical means. Local governments
shall require that a permittee proposing to restore dunes use the following techniques:
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(i) restore dunes to approximate the naturally formed dune position or location,
contour, volume, elevation, vegetative cover, and sediment content in the area:
(ii) allow for the natural dynamics and migration of dunes;
(Iii) use discontinuous or continuous temporary sand fences or an approved
method of dune restoration, where appropriate, considering the characteristics of
the site; and
(iv) restore or repair dunes using indigenous vegetation that will achieve the
same protective capability or greater capability as the surrounding natural dunes.
(B) Stabilization of critical dune areas. Local governments shall give priority for
stabilization to blowouts and breaches when permitting restoration of dunes. Before
permitting stabilization of wash over areas, local governments shall:
(i) assess the overall impact of the project on the beach/dune system;
(ii) consider any adverse effects on hydrology and drainage which will result from
the project; and
(iii) require that equal or better public beach access be provided to compensate
for impairment of any public beach access previously provided by the washover
area.
(4) Compensation. Compensation means compensating for effects on dunes and dune vegetation
by replacing or providing substitute dunes and dune vegetation. Compensation may be
undertaken both on-site and off-site; however, off-site compensation may only be allowed as
provided in subparagraph (B) of this section.
(A) On-site compensation. On-site compensation consists of replacement of the affected
dunes or dune vegetation on the property where the damage to dunes and dune
vegetation occurred and seaward of the local dune protection line. A local government
shall require permittees to undertake compensation on the construction site, where
practicable. A local government shall require a permittee to follow the requirements
provided in paragraph (3)(A) of this subsection and paragraph (4)(C)(iii)-(iv) of this
subsection when replacing dunes or dune vegetation.
(B) Off-site compensation. Off-site compensation consists of replacement of the affected
dunes or dune vegetation in a location outside the boundary of the property where the
damage to dunes and dune vegetation occurred. The landward limit of allowable off-site
mitigation is the local dune protection line. Local governments shall require that a
permittee's compensation efforts take place on the construction site unless the permittee
demonstrates the following facts to thE!' local government:
(i) on-site compensation is not practicable;
(ii) the off-site compensation will be located as close to the construction site as
practicable;
(iii) the proffered off-site compensation has achieved a 1: 1 ratio of proposed
adverse effects on successful, completed, and stabilized restoration prior to
beginning construction;
(iv) the permittee has notified FEMA. Region 6, of the proposed off-site
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ATTACHMENT F -- 24
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compensation.
(C) Information required for off-site compensation. Local governments shall require
permittees to provide the following information when proposing off-site compensation:
(i) the name. address, phone number. and fax number, if applicable. of the owner
of the property where the off-site compensation will be located;
(ii) a legal description of property intended to be used for the proposed off- site
compensation;
(iii) the source of sand and the dune vegetation;
(iv) all information regarding permits and certificates issued for the restoration of
dunes on the compensation site;
(v) all relevant information regarding the success, current status, and stabilization
of the dune restoration efforts on the compensation site;
(vi) any increase in potential flood damage to the site where the adverse effects
on dunes and dune vegetation will occur and to the public and private property
adjacent to that site; and
(vii) the proposed date of initiation of the compensation. Local govemments shall
include a condition in each permit authorizmg off-site compensation which
requires permittees to notify local governments in writing of the actual date of
initiation within ten working days after compensation is initiated. If the permittee
fails to begin compensation on the date proposed in the application, the
permittee shall provide the local government with the reason for the delay. Local
governments shall take this reason into account when determining whether a
permittee has violated the compensation deadline.
(5) Compensation for adverse effects on dune vegetation. Local governments shall require that
permittees compensate for adverse effects on dune vegetation by planting indigenous vegetation
on the affected dunes and shall consider the recommendations of the General Land Office,
federal and state natural resource agencies, and dune vegetation experts. Local governments
may allow a permittee to use temporary sand fencing or anotller approved method of dune
restoration. Local governments shall prohibit a permittee from compensating for adverse effects
on dune vegetation by removing existing vegetation from private or state-owned property unless
the permittee has received prior written permission from the property owner or the state. In
addition to the requirement that permission be obtained from the property owner, all persons are
prohibited from removing vegetation from a critical dune area or seaward of a dune protection line
unless specifically authorized to do so in a dune protection permit. Local governments shall
include conditions in such permits requiring the permittee to provide a copy of the written
permission for vegetation removal and to identify the source of any sand and vegetation which
will be used to compensate for adverse effects on dunes and dune vegetation in the mitigation
plan contained in the permit application.
(g) Mitigation or compensation deadline.
(1) Initiation of compensation. Local governments shall require permittees to begin compensation
for any adverse effect(s) to dunes and dune vegetation prior to or concurrent with the
commencement of construction. If compensation is not completed prior to commencement of
construction, the local government shall require that the permittee provide the local government
with proof of financial responsibility in an amount equal to that necessary to complete the
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ATTACHMENT F - 25
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mitigation. This can be done in the form of an Irrevocable letter of credit, performance bond, or
any other instrument acceptable to the local government.
(2) Completion of compensation. Local governments shall require permittees to conduct
compensation efforts continuously until the repaired, rehabilitated. and restored dunes and dune
vegetation are equal or superior to the pre- existing dunes and dune vegetation. These efforts
shall include preservation and maintenance pending completion of compensation.
(3) Local government determination of completion of compensation. Local governments shall
determine a compensation project complete when the dune restoration projects position, contour,
volume, elevation, and vegetative cover matches or exceeds the surrounding naturally formed
dunes.
(4) State agency notification of compensation certification. Local governments shall provide
written notification to the General Land Office after determining that the compensation is
complete. The General Land Office may conduct a field inspection to verify compliance with this
subchapter. If the local government does not receive an objection from the General Land Office
regarding the completion of compensation within 30 working days after the General Land Office is
notified in writing, the local government may certify that the compensation is complete.
(5) Violation of compensation deadline. The General Land Office recognizes that the time
necessary to restore dunes and dune vegetation varies with factors such as climate, time of year,
soil moisture, plant stability, and storm activity. The permittee shall be deemed to have failed to
achieve compensation if a 1: 1 ratio has not been achieved within three years after beginning
compensation efforts.
Source: The provisions of this 9 15.4 adopted to be effective February 17,1993,18 TexReg 661;
amended to be effective April 16, 1996,21 TexReg 3004.
9 15.5. Beachfront Construction Standards
(a) Local government certification of beachfront construction. This section provides the standards local
governments shall follow when preparing that portion of the dune protection and beach access plan
specifically related to issuing or conditioning beachfront construction certificates. In general, within its
jurisdiction, a local government shall not allow diminution of the size of public beaches and shall preserve
and enhance public access between public beaches and public roads lying landward. A local government
certification shall consist of one of two affirmative findings: an affirmative finding by a local government
that the proposed construction is consistent with the beach access portion of a local government's dune
protection and beach access plan and does not encroach upon the public beach, nor does it interfere
with, or otherwise restrict, the public's right to use and have access to and from the public beach; or an
affirmative finding that the proposed construction is inconsistent with the beach access portion of a local
governments dune protection and beach access plan. The beach access portion of the local
governments dune protection and beach access plan shall provide that beachfront construction will not
adversely affect or allow encroachments upon the public beach or interfere with or otherwise impair the
public's right to use and have access to and from the public beach.
(b) Prohibition of certificatiOn. Local governments shall not issue a certificate authorizing beachfront
construction if the local government determines that the construction:
(1) reduces the size of the public beach in any manner:
(2) closes or otherwise impairs any existing public beach access point unless the local
government simultaneously provides or requires the permittee to provide equivalent or better
public access; or
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ATTACHMENT F - 26
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(3) includes a proposal to build a concrete slab or other impervious surface within 200 feet of the
line of vegetation or within the eroding area boundary (if such a boundary is established in the
local beach/dune plan), whichever distance is greater. Local governments may authorize
construction of a concrete slab or other impervious surface beneath a habitable structure
elevated on pilings provided the slab will not extend beyond the perimeter of the structure and will
not be structurally attached to the building's foundation. Local governments shall not authorize
the construction, outside the perimeter of a habitable structure, of a concrete slab or other
impervious surface whose area exceeds 5.0% of the footprint of the habitable structure. The use
of permeable materials such as brick pavers. limestone, or gravel is recommended for drives or
parking areas.
(c) Encroachments on public beaches.
(1) Prohibition of construction on the public beach. A local government is prohibited from issuing
a certificate authorizing any person to undertake any construction on the public beach or any
construction that encroaches in whole or in part on the public beach. This prohibition does not
prevent the approval of man-made vegetated mounds and dune walkovers under a properly
issued dune protection permit and beachfront construction certificate. Any issuance or approval of
a permit, certificate, or any other instrument contrary to this subsection is void.
(2) Construction landward of the public beach. Local governments shall not issue any beachfront
construction certificate authorizing construction landward of the public beach that functionally
supports or depends on, or is otherwise reiated to, proposed or existing structures that encroach
on the public beach, regardless of whether the encroaching structure is on land that was
previously landward of the public beach.
(3) Repair of existing structures on the public beach. A local government shall only issue a
beachfront construction certificate or dune protection permit authorizing the repair of a structure
that crosses the line of vegetation and encroaches on a public beach if the proposed repairs
comply with the standards provided in this paragraph and ~ 15.6(e) and (f) of this title (relating to
Concurrent Dune Protection and Beachfront Construction Standards), if the structure is not
subject to imminent collapse, and if there is no enforcement action pending under this chapter,
the Open Beaches Act, the Dune Protection Act, or the local government plan. An enforcement
action includes the filing of a suit in district court or the referral of a matter for enforcement to the
attorney general or other public prosecutor. Pursuant to this paragraph, a local government may
authorize the repair of an eXisting structure that crosses the line of vegetation and encroaches on
a public beach notwithstanding the provisions of paragraphs (1) and (2) of this subsection.
(A) Local governments shall not issue a certificate or permit authorizing repair of a
structure that crosses the line of vegetation, as determined pursuant to subparagraph (E)
of this paragraph, and encroaches on a public beach if the local government determines
that the repairs:
(i) include a proposal to repair or construct a slab or other impervious surface of
concrete or other impervious materials, although wooden decking, brick pavers,
or other pervious materials may be used beneath tne footprint of the structure
(ii) include a proposal to repair or construct an enclosed space below the base
flood elevation and seaward of the line of vegetation:
(iii) include a proposal to increase the footprint of the structure;
(iv) are for a structure without a functioning septic system or sewer connection as
determined by the local government or the Texas Natural Resource Conservation
Commission, unless a septic system may be repaired as provided in
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ATTACHMENT F - 27
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subparagraph (B) of this paragraph;
(v) include a proposal for construction, repair, or maintenance of an erosion
response structure;
(vi) are for a structure previously built. repaired. or renovated In violation of this
subchapter or the local government plan or without an approved certificate or
permit; or
(vii) include a proposal to use soil or sediment within the beach/dune system that
Is not of an acceptable mineralogy or grain size when compared to the sediments
found on the site.
(B) A local government may issue a beachfront construction certificate or dune protection
permit for the construction or repair of a septic system landward of the line of vegetation if
the system complies with the rules of the Texas Natural Resource Conservation
Commission and the local government governing on- site sewage facilities.
(C) A local government shall only issue a certificate or permit for the repair of an amenity
that crosses the line of vegetation and encroaches on a public beach or that is attached
to a structure that crosses the line of vegetation and encroaches on a public beach only if
the amenity is less than 50% damaged and if all non-essentlal paving or other impervious
surfaces associated with the amenity are replaced by wooden decking, brick pavers, or
other pervious materials.
(0) A local government shall only issue a certificate or a permit authorizing the
construction of a dune restoration project concurrent with the repair of a structure that
crosses the line of vegetation if the proposed dune restoration follows the standards
provided in this paragraph and 9 15.7(e) of this title (relating to Local Government
Management of the Public Beach). A dune restoration project under this paragraph shall:
(i) use sand that Is of an acceptable mineralogy or grain size when compared to
the sediments found on the site;
(ii) either extend no more than ten feet seaward of the footprint of the structure or
extend no more than twenty feet seaward of the line of vegetation;
(iii) use indigenous vegetation that will achieve the same protective quality as the
surrounding natural dunes or other dunes In the general vicinity; and
(iv) not restrict or interfere with the public use of the beach at normal high tide.
(E) A person submitting an application for repair of a structure that crosses the line of
vegetation and encroaches on a public beach shall submit an original executed copy of
the following statement signed by the owner of the property to the local government,
General Land Office, and the Office of the Attorney General.
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ATTACHMENT F - 28
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NOTTer. ANTI ACK'IOWT.F.TlGF,MF:YI'
The undel'si~l1ed 9ck'nO\vledgc8 and admits tlUll hc/slh:: is Ihe owncr or n:::c.ord of Lbc iullowing du~t..ribod Teal pmpcrt}"
whlcll CnJ::i:)D the line o:-Yl:gulaliun am~ ls partially ~ca\'':ard of fhe lin\: nfvcgctatlOn:
Iproperty street oddr..s and legal description].
fn appJ,ying fOT a pt.'l1Tlit to repair the ahcwe rtehClibed real property, the unc1.e~igned ackllowledare~ and admito Chat the
public n.", acquired. risht of use or easemom 10 or O,.r th. .r.a oftl", public beach by pn:.criptiun, <Jodie.bon. or
pn:~J\lmptiuIl. Or b:l!i rclaLIICu ~1 rig;hl by viTiue of conllnoous right in the puhllc since f:lme imml1!morial:- a.c;. recogni7.ed
in law and CU"Xll11. The line of"egNtion, the exuelne seaward bO\lndlll"Y of natural vellellUiolllhl1l spn...w.
COU1iJ:lllou~ly i.alanU,. cU9loInarily mtU'ks lhc landward boumfurj' of Lhc plJblic casement.
Stztc la",," f1rnhihj~ any nh&tl1Jcrinn) h~trier, refitrtlinf) l,.'lr imerrererlce wiTn The lIS~ o{{he public easnnenl, including Ihc
placement of strUctures sCl1wal'l.l of the 1m;.; of \'cgc~lion, Slruclures crc..'CtOll sca\\'ard of lhc line of vegetation (or mher
applicahle ..semenl houndmy) or that hecome .e.ward of the line ofvegeta.tion as a result OfrullUnU proeesscs,suc:h
as moreline erosiot~ are subjectlo ::I tawHuil b)' the Statc ofTc:\aa 10 n."mQ'H' lhe 5ltuGLLU'1:l!S.
The acknowJcclgl.:mc.."J\lS in this document are hinding upon the $uccessonl', heil's, and tJSSign$ ofthe unders.igned.
[Printed N .rneJ
'l'Jill STATL 01' TllXAS ~
~
COl,NlY 01' ~
RI'F'ORF. '\ofF., the unu..I.,igned authority, on this day pel's."lllIly Appeared koown to me
to bu the pefsun whusu name is 5uh.sc.ribcd to the:: tarcgoLng instrumont, and acknowledged tn me that het'she ~ccuted
tbe same fOT the pnrpose5 therein expressed.
GIVBN U~DBR MY lL-I.."'D AND SEAL OF OFFlCIl, lhi. Lhc _ wy of
NoL:1r)' Public: in and :nr
l'rintNlImc
My COrnntiision expil'C30"
(F) A local government may only authorize the repair of structures pursuant to the
provisions of this paragraph from the effective date of this paragraph through June 1,
2000. Notwithstanding any other provision under this subchapter, a local govemmenfs
dune protection permits or beachfront construction certificates issued under this
paragraph shall be valid for no more than 12 months from the date of issuance. A local
government shall not renew a dune protection permit or beachfront construction
certificate issued under this paragraph.
(d) Dedication of new beach access points.
(1) Pursuant to the authority provided in the Open Beaches Act, !l61.015(g), and as a condition
of beachfront construction certification as to consistency with a local government's plan, a local
government shall require a permittee to dedicate to the public new public beach access or
parking area(s), where necessary, for consistency with the beach access and use, vehicular
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ATTACHMENT F - 29
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control, or beach user fee provisions of the pertinent state-approved dune protection and beach
access plan. Such provisions shall incorporate the standards for pedestrian and vehicular access
established in S 15.7 of this title (relating to Local Government Management of the Public Beach).
(2) A local government shall require a permittee to dedicate an access area if it issues a
certificate allowing a permittee to conduct activities which will impair access to and from the
beach In any manner. Such a dedicated access area shall prOVide access equivalent to or better
than the access impaired by the permittee's activity and shall be consistent with the pertinent
provisions regarding beach access and use, vehicular controls.
Source: The provisions of this S 15.5 adopted to be effective February 17, 1993, 18 TexReg 661;
amended to be effective April 16. 1996.21 TexReg 3004; amended to be effective February 28,2000,25
TexReg 1713
i 15.6. Concurrent Dune Protection and Beachfront Construction Standards
(a) Local government application of standards. This section provides the standards local governments
shall follow when issuing, denying, or conditioning dune protection permits and beachfront construction
certificates. This section applies to all construction within the geographic scope of this subchapter and to
either permits or certificates or both. The requirements of this section are in addition to the requirements
in S 15.4 of this title (relating to Dune Protection Standards). and S 15.5 of this title (relating to Beachfront
Construction Standards).
(b) Location of construction. Local governments shall require permittees to locate all construction as far
landward as is practicable and shall not allow any construction which may aggravate erosion.
(c) Prohibition of erosion response structures. Local governments shall not issue a permit or certificate
allowing construction of an erosion response structure. However, a local govemment may issue a permit
or certificate authorizing construction of a retaining wall, as defined in S 15.2 of this title (relating to
Definitions), under the following conditions. These conditions only apply to the construction of a retaining
wall; all other erosion response structures are prohibited.
(1) A local government shall not issue a permit authorizing the construction of a retaining wall
within the area 200 feet landward of the line of vegetation.
(2) A local government may issue a permit authOriZing construction of a retaining wall in the area
more than 200 feet landward of the line of vegetation.
(d) Existing erosion response structures. I n no event shall local governments issue permits or certificates
authorizing maintenance or repair of an existing erosion response structure on the public beach or the
enlargement or improvement of the structure within 200 feet landward of the natural vegetation line. Also
within 200 feet landward of the natural vegetation line, local governments shall not issue a permit or
certificate allowing any person to maintain or repair an existing erosion response structure if the structure
is more than 50% damaged, except under the following circumstances.
(1) When failure to repair the structure will cause unreasonable hazard to a public building, public
road, public water supply, public sewer system, or other public facility immediately landward of
the structure. .
(2) When failure to repair the structure will cause unreasonable flood hazard to habitable
structures because adjacent erosion response structures will channel floodwaters to the habitable
structure.
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(e) Construction in flood hazard areas.
(1) A local government shall not issue a permit or certificate that does not comply with FEMA's
regulations governing construction in flood hazard areas. FEMA prohibits man-made alteration of
sand dunes and mangrove stands within Zones V1-30, V, and VE on the community's flood
insurance rate maps which would increase the potential for flood damage.
(2) A local government shall inform the General Land Office and the FEMA regional
representative in Texas before it issues any variance from FEMA regulations or allows any
activity done in variance of FEMA's regulations found in Volume 44 of the Code of Federal
Regulations, Parts 59-77. Variances may adversely affect a local government's participation in
the National Flood Insurance Program.
(3) A local government shall not issue a permit or certificate that does not comply with FEMA
minimum requirements or with the FEMA-approved local ordinance or county commissioners
court order.
(f) Construction in eroding areas. Local governments with jurisdiction over eroding areas shall follow the
standards provided in 9 15.4 of this title (relating to Dune Protection Standards) and 9 15.5 of this title
(relating to Beachfront Construction Standards). If there is any conflict between this subsection, ~ 15.4 of
this title (relating to Dune Protection Standards). and 9 15.5 of this title (relating to Beachfront
Construction Standards), this subsection applies. The General Land Office shall supply information for or
assist a local government in determining eroding areas and the landward boundary of eroding areas. In
addition, because of the higher risk of damage from flooding or erosion in such areas, local governments
shall:
(1) require that structures built in eroding areas be elevated on pilings in accordance with FEMA
minimum standards or above the natural elevation (whichever is greater);
(2) require that structures located on property adjacent to the public beach be designed for
feasible relocation;
(3) allow a permittee to alter or paye only the ground within the footprint of the habitable structure
(however, brick pavers, gravel or crushed limestone may be used to stabilize driveways) only if
the alteration or paving will be entirely undertaken. constructed, and located landward of 200 feet
from the line of vegetation or landward of an eroding area boundary established in the local
beach/dune plan, whichever distance is greater: and
(4) Unless otherwise restricted by the local plan. and if consistent with the requirements of the
National Flood Insurance Program, local governments may permit the construction of breakaway
or louvered walls for a storage area no larger than 300 square feet.
(g) Construction affecting natural drainage patterns. Local governments shall not issue a certificate or
permit authorizing construction unless the construction activities will minimize impacts on natural
hydrology. Such projects shall not cause erosion of adjacent properties, critical dune areas, or the public
beach.
(h) Emergency response to oil or hazardous substance spillS. Any person responding to spills shall
comply with the following regulations when cleaning up or disposing of oil or hazardous substances in the
beach/dune system.
(1) The state on-scene coordinator is responsible for contacting the GLO Resource Management
Division regarding proposed cleanup and disposal methods.
(2) The state on-scene coordinator shall, in consultation with the state natural resource trustees
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and through the Incident Command System, determine the appropriate depth for excavation and
the appropriate quantity of sand to be removed, if any, from the beach/dune system.
(A) Spill cleanup. Cleanup methods shall avoid and otherwise minimize adverse impacts
to the beach/dune system by ensuring that:
(I) Removal of sand from the beach is limited to the absolute minimum and will
not exacerbate shoreline erosion.
(ii) Manual cleanup methods are used, if practicable.
(iii) Grading or scraping of the beach is minimized, and grading of non-oiled or
non-hazardous areas is prohibited.
(B) Disposal of contaminated sand. Disposal methods shall avoid adverse impacts to the
beach/dune system by ensuring that:
(i) Before any scraped sand is relocated within the beach/dune system, the
material shall be tested for toxicity and percent of oiling. Only material that does
not pose a threat to human health and the environment may remain in the
beach/dune system. New dunes (man-made mounds) may be built with non-
hazardous material provided that they are built in accordance with ~ 15.7(e) of
this title (relating to Restored dunes on public beaches) and placed in areas
preapproved by the state natural resource trustees. A dune protection permit is
not required for such new dune creation. The disposal shall be in accordance
with applicable, relevant and appropriate requirements established by local state
and federal laws.
(ii) Hazardous materials shall be removed and disposed of as required by local,
state and federal laws.
(iii) Disposal of waste must be in compliance with applicable state and federal
laws and regulations of the Texas Natural Resources Conservation Commission
and the United States Environmental Protection Agency. Disposal of oiled, non-
hazardous sand shall be in accordance with applicable state and federal law.
except that such sand shall not be disposed of in a location on or adjacent to
dune vegetation, as defined in ~ 15.2 of this title (relating to Definitions).
Source: The provisions of this ~ 15.6 adopted to be effective February 17, 1993, 18 TexReg 661;
amended to be effective April 16, 1996,21 TexReg 3004.
S 15.7. Local Government Management of the Public Beach
(a) Standards applicable to local governments. This section provides standards applicable to local
government issuance, denial, or conditioning of permits or certificates, as well as all other local
government activities relating to management of public beaches.
(b) Construction of coastal and shore protection projects. Local 90vernments shall encourage carefully
planned beach nourishment and sediment bypassing for erosion response management and prohibit
erosion response structures within the public beach and 200 feet landward of the natural vegetation line.
(c) Monitoring. A local government or the state may require a permittee to conduct or pay for a monitoring
program to study the effects of a coastal and shore protection project on the public beach. Further,
permittees are required to notify the state and the appropriate local govemment of any discemible change
in the erosion rate on their property.
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(d) Requirements for beach nourishment projects. A local government shall not allow a beach
nourishment project unless it finds and the project sponsor demonstrates that the following requirements
are met.
(1) The project is consistent with the local government's dune protection and beach access plan.
(2) The sediment to be used IS of effective grain Size, mineralogy, and quality or the same as the
existing beach material.
(3) The proposed nourishment material does not contain any of the hazardous substances listed
in the Code of Federal Regulations, Volume 40, Part 300, in concentrations which are harmful 10
human health or the environment as determined by applicable, relevant, and appropriate
requirements established by the local, state, and federal governments.
(4) There will be no adverse environmental effects on the property surrounding the area from
which the sediment will be taken or to the site of the proposed nourishment.
(5) The removal of sediment will not have any adverse impacts on flora and fauna.
(6) There will be no adverse effects caused from transporting the nourishment material.
(e) Restored dunes on public beaches. Sand dunes, either naturally created or restored, may aid in the
preservation of the common law public beach rights by slowing beach erosion processes. Except as
otherwise provided, local governments shall allow restoration of dunes on the public beach only under the
following conditions. Restored dunes may be located farther seaward than the 20-foot restoration area
only upon an affirmative demonstration by the permit applicant that substantial dunes would likely form
farther seaward naturally. Such seaward extension past the 20-foot area must first receive prior written
approval of the General Land Office and the attomey general's office. In the absence of such an
affirmative demonstration by the applicant, a local government shall require the applicant to meet the
following standards relating to the location of restored dunes.
(1) Local governments shall require persons to locate restored dunes in the area extending no
more than 20 feet seaward of the landward boundary of the pubiic beach. Local governments
shall ensure that the 20-foot restoration area follows the natural migration of the vegetation line.
(2) Local governments shall not allow any person to restore dunes, even within the 20-foot
corridor, if such dunes would restrict or interfere with the public use of the beach at normal high
tide.
(3) Local governments shall require persons to restore dunes to be continuous with any
surrounding naturally formed dunes and shall approximate the natural position, contour, volume,
elevation, vegetative cover, and sediment content of any naturally formed dunes in the proposed
dune restoration area.
(4) Local governments shall require persons restoring dunes to use indigenous vegetation that
will achieve the same protective capability as the surrounding natural dunes.
(5) Local governments shall not allow any person to restore dunes using any of the following
methods or materials:
(A) hard or engineered structures;
(B) materials such as bulkheads, riprap, concrete, or asphalt rubble, building construction
materials, and any non-biodegradable items;
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(C) fine, clayey, or silty sediments;
(D) sediments containing the toxic materials listed in Volume 40 of the Code of Federal
Regulations, Part 302.4 in concentrations which are harmful to people, flora, and fauna
as determined by applicable, relevant, and appropriate requirements for toxicity
standards established by the local, state. and federal governments; and
(E) sand obtained by scraping or grading dunes or the beach.
(6) Local governments may allow persons to use the following dune restoration methods or
materials:
(A) piles of sand having similar grain size and mineralogy as the surrounding beach;
(8) temporary sand fences conforming to General Land Office guidelines;
(C) organic brushy materials such as used Christmas trees; and
(D) sand obtained by scraping accreting beaches only if the scraping is approved by the
local government and the project is monitored to determine any changes that may
increase erosion of the public beach.
(7) Local governments shall protect restored dunes under the same restrictions and requirements
as natural dunes under the local governmenfs jurisdiction. All applications submitted to a local
government for restoring dunes on the public beach shall be forwarded to both the General Land
Office and the attorney general's office at least ten working days prior to the local governmenfs
consideration of the permit. Failure of the General Land Office or the attorney general's office to
submit comments on an application shall not waive, diminish. or otherwise modify the beach
access and use rights of the public.
(8) Local governments shall not allow a permittee to construct or maintain a private structure on
the restored dunes within critical dune areas or seaward of a dune protection line, except for
specifically permitted dune walkovers or similar access ways.
(I) Scientific research projects. Local governments may exempt a scientific research project from the
requirements of !j15.4(c) of this title (relating to Dune Protection Standards) or subsection (e) of this
section provided the research is conducted by an academic institution or state, federal, or local
government. Prior to conducting the research, the project manager shall submit a detailed work plan and
monitoring plan for approval by the General Land Office and the Office of the Attorney General. The
research activities shall not materially weaken existing dunes or dune vegetation, or increase erosion of
adjacent properties.
(g) Dune walkovers. Local governments shall only allow dune walkovers, including other similar beach
access mechanisms, which extend onto the pUblic beach under the following circumstances.
(1) Local governments shall require that permittees restrict the walkovers, to the greatest extent
possible, to the most landward point of the public beach.
(2) Local governments shall require that permittees construct and locate the walkovers in a
manner that will not interfere with or otherwise restrict public use of the beach at normal high
tides.
(3) Local governments shall require that permittees relocate walkovers to follow any landward
migration of the public beach or seaward migration of dunes using the following procedures and
standards.
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(A) After a major storm or any other event causing significant landward migration of the
landward boundary of the public beach, local governments shall require permittees to
shorten any dune walkovers encroaching on the public beach to the appropriate length
for removal of the encroachment. This requirement shall be contained as a condition in
any permit and certificate issued authorizing construction of walkovers. Local
governments are required to assess the status of the public beach boundary within 30
days after a major storm or other event causing Significant landward migration of the
public beach. After the assessment, local governments shall inform the General Land
Office and the attorney general's office of any encroachments on the public beach within
ten days of completing the assessment.
(B) In cases where the migration of the landward boundary of the public beach occurs
slowly over a period of time or where a dune walkover needs to be lengthened because
of the seaward migration of dunes, the permittee shall apply for a permit or certificate
authorizing the modification of the structure.
(h) Preservation and enhancement of public beach use and access. A local government shall regulate
pedestrian or vehicular beach access, traffic, and parking on the beach only in a manner that preserves
or enhances existing public right to use and have access to and from the beach. A local government shall
not impair or close an existing access point or close a public beach to pedestrian or vehicular traffic
without prior approval from the General Land Office.
(1) For the purposes of this subchapter, beach access and use is presumed to be preserved if the
following criteria are met.
(A) Parking on or adjacent to the beach is adequate to accommodate one car for each 15
linear feet of beach.
(B) Where vehicles are prohibited from driving on and along the beach, ingress/egress
access ways are no farther apart than 1/2 mile.
(e) Signs are conspicuously posted which explain the nature and extent of vehicular
controls, parking areas, and access points. Local governments may establish their own
beach access and use standards for General Land Office approval and certification
based upon the General Land Office's affirmative finding that such standards preserve
and enhance the public's nght to use and access the public beach.
(2) A local government shall have an adopted, enforceable, written policy prohibiting the local
government's abandonment, relinquishment, or conveyance of any right, title, easement, right-of-
way, street, path, or other interest that provides existing or potential beach access, unless an
alternative equivalent or better beach access is first provided by the local government consistent
with its dune protection and beach access plan.
(3) This provision does not apply to any existing local government traffic regulations enacted
before the effective date of this subchapter, and the former law is continued in effect until the
regulations are amended or changed in whole or in part. New or amended vehicular traffic
regulations enacted for public safety, such as establishing speed limits and pedestrian rights-of-
way, are exempt from the certification procedure but must nevertheless be consistent with the
Open Beaches Act and this subchapter.
(4) This subchapter does not prevent a local government from using its existing authority to close
individual beach access points for emergencies related to public safety. However, the standards
and procedures for such emergency closures shall be included in its state-approved dune
protection and beach access plan.
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(i) Request for state agency approval of beach access plan. When requesting approval, a local
government shall submit a plan to the General Land Office and the attorney general's office providing the
following information:
(1) a current description and map of the entire beach access system within its jurisdiction;
(2) the status of beach access demonstrated through eVidence such as photographs, surveys,
and statistics regarding the number of beach users;
(3) a detailed description of the proposed beach access plan replacing the existing beach access
system. Such description shall demonstrate the method of providing equivalent or better access
to and from the public beaches; and
(4) a vehicular control plan, If the local government proposes either new or amended vehicular
controls for the public beach. The vehicular control plan must include, at a minimum, the following
information:
(A) an inventory and description of all existing vehicular access ways to and from the
beach and existing vehicular use of the beach;
(B) all legal authority. including local government ordinances that impose existing
vehicular controls;
(C) a statement of any short-term or long-range goals for restricting or regulating
vehicular access and use;
(0) an analysis and statement of how the proposed vehicular controls are consistent or
inconsistent with the state standards for preserving and enhancing public beach access
set forth in this subchapter. If a local government or the state determines that the
vehicular controls are not consistent with state standards, the local government shall
prepare a plan for achieving consistency within a period of time to be determined by the
General Land Office and the attorney general's office. This plan shall include a detailed
description of the means and methods of upgrading the availability of public parking and
access ways, including funding for such improvements; and
(E) a description of how vehicular management relates to beach construction
management, beach user fees, and dune protection within the jurisdiction of the local
government.
U) Integration of vehicular control plan and other plans. The vehicular control plan may be a part of a local
government's beach access and use plan required under the Texas Natural Resources Code, !l61.015,
any beach user fee plan required under the Texas Natural Resources Code, !l61.022, and any dune
protection program required under the Texas Natural Resources Code, Chapter 63. The General Land
Office encourages local governments to combine and integrate these various plans and programs.
(k) State agency approval of vehicular control plan adopted or amended after the effective date of this
subchapter. A local government shall submit the vehicular control plan to the General Land Office and the
attorney general's office no later than 90 working days prior to taking any action on the plan. This
provision does not prevent a local government from exercising its existing authority over vehicular
controls in emergencies. The standards and procedures for such emergency vehicular controls shall be
submitted to the state in the vehicular control portion of a local government's dune protection and beach
access plan. A plan may be approved if the vehicular controls are found to be consistent with the Open
Beaches Act and with this subchapter. Prior to final adoption or implementation of a new or amended
vehicular control ordinance, the local government shall obtain state certification of the plan for vehicular
control pursuant to the Open Beaches Act, Texas Natural Resources Code, !l61.022.
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(I) Maintaining the public beach. local governments shall prohibit beach maintenance activities unless
maintenance activities will not materially weaken dunes or dune vegetation or reduce the protective
functions of dunes. local governments shall prohibit beach maintenance activities which will result in the
significant redistribution of sand or which will significantly alter the beach profile or the line of vegetation.
All sand moved or redistributed due to beach maintenance activities shall be returned to the area
between the line of vegetation and mean high tide. The General land Office encourages the removal of
litter and other debris by handpicking or raKing and strongly discourages the use of machines (except
during peak visitation periods which disturb the natural balance of gains and losses in the sand bUdget
and the natural cycle of nutrients.
(m) Prohibitions on signs. A local government shall not cause any person to display or cause to be
displayed on or adjacent to any public beach any sign, marker, or warning, or make or allow to be made
any written or oral communication which states that the public beach is private property or represent in
any other manner that the public does not have the right of access to and from the public beach or the
right to use the public beach as guaranteed by this subchapter, the Open Beaches Act, and the common
law right of the public.
Source: The provisions of this !i 15.7 adopted to be effective February 17, 1993, 18 TexReg 661:
amended to be effective April 16, 1996,21 TexReg 3004.
!i 15.8. Beach User Fees
(a) Eligibility. local governments shall not Initiate or amend a beach user fee unless the governing body
of the local government with jurisdiction over the area subject to the fee has a state approvtJd dune
protection and beach access plan.
(b) Reciprocity of fees. Within each county, local governments are required to establish a state-approved
system for reciprocity of fees and fee privileges among the county and the different local governments
authorized to charge beach user fees. The establishment of a system of beach user fee reciprocity shall
be a condition of state approval of local dune protection and beach access plans.
(c) Amount of beach user fees.
(1) A local government shall not impose a fee or charge for the exercise of the public right of
access to and from public beaches. A local government may c~arge beach users a fee in
exchange for providing services to beach users In general. A locai govelllrnent may only impose
a beach user fee if the fee is reasonable taking into account the cost to the local government of
providing public services and facilities directly related to the public beach. A reasonable fee is one
that recovers the cost of providing and maintaining beach-related services. In addition, any fee
collected for off-beach parking to provide access to and from the public beach is considered a
beach user fee.
(2) local governments shall not impose a beach user fee which:
(A) exceeds the necessary and actual cost of providing reasonable beach- related public
facilities and services;
(8) unfairly limits public use of and access to and from publiC beaches in any manner;
(C) is inconsistent with this subsection or the Open Beaches Act; or
(D) discriminates on the basis of residence.
(d) Beach user fee plan. A local government that proposes a new or amended beach user fee shall first
prepare a plan that includes, at a minimum, the following information:
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(1) a description of the current beach access system within its jurisdiction demonstrated through
evidence such as photographs, surveys, and statIstics regarding the number of beach users;
(2) a listing and description of all existing beach user fees charged by the local government and
by all other local governments in the same county;
(3) all legal authonty, including local ordinances that authorize the collection of existing beach
user fees;
(4) an analysis and statement of how the proposed user fee is or is not consistent with state
standards set forth in this subchapter for preserving and enhancing public beach access;
(5) how the beach user fee relates to beachfrontconstruction, vehicular controls, and parking,
and dune protection within the jurisdiction of the local government;
(6) a statement of any short-term or long-range goals relating to the collection and use of beach
user fees.
(e) State agency approval of beach user fees. A local government shall not impose a beach user fee or
amend an existing beach user fee that is inconsistent with the beach user fee portion of its dune
protection and beach access plan. To receive state approval for initiating its beach user fee plan or
amending a beach user fee, a local government shall submit its beach user fee plan to the General Land
Office and the attorney general's office no later than 90 working days prior to any local government action
on the beach u.ser fee. The General Land Office shall certify whether the initiation.or amendment of a
beach user fee is consistent with this subchapter and the Open Beaches Act. Certification of consistency
shall be by adoption into the rules authorized by the Open Beaches Act.
(I) Beach user fee revenues. Revenues from beach user fees may be used only for beach-related
services. For each fiscal year, a local government shall not spend more than 10% of beach user fee
revenues on reasonable administrative costs directly related to beach-related services. Each local
government shall send quarterly reports to the General Land Office stating the amount of beach user fee
revenues collected and itemizing how beach user fee revenues are expended. The General Land Office
may prescribe reporting forms or methods. The General Land Office shall suspend the local governmenfs
privilege to collect fees and shall revoke approval of any pertinent dune protection and beach access plan
if the beach user fee revenues have been spent on services which are not be;;!ch-related. Reports are
due no later than 60 days after the end of each quarter of the State fiscal year.
(g) Beach user fee accounts. Local governments shall follow the following methods for administering
beach user fee accounts.
(1) Beach user fee revenues shall be maintained and accounted for so that fee collections may
be directly traced to expenditures on beach-related services. Beach user fee revenues shall not
be commingled with any other funds and shall be maintained in separllte bank accounts.
(2) Beach user fee revenues shall be maintained in a separate account and documented in a
separate financial statement for each beach user fee. Beach user fee revenue account balances
and expenditures shall be documented according to generally accepted accounting principles.
(h) Free beach access. Local governments that collect a beach user fee for on- beach parking or driving
or for off-beach parking for beach access shall maintain free public beach access by providing areas
where no fee is charged for parking on or off the beach and for pedestrian access. This requirement
applies to each state-approved dune protection and beach access plan, not to each local government
with jurisdiction over the public beach.
(i) Access for disabled persons. Local governments shall establish, preserve, and enhance access for
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disabled persons. Provisions for access for disabled persons shall be included in local government dune
protection and beach access plans.
Ulldentification of fee and non-fee areas. For any local government collecting a beach user fee for on-
beach parking or driving, both fee and non- fee beach areas shall be conspicuously marked with signs
that clearly indicate. at a minimum. the location of both the fee and non-fee areas and the identity of the
[ocal government collecting the fee. In addition, maps Identifying fee and non-fee areas shall be provided
to the public by any local government collecting a beach user fee.
(k) Coordination with other beach-related plans. The beach user fee plan shall be a part of a local
government's beach access and use plan required under the Open Beaches Act. !l 61.015, any vehicular
control plan required under the Open Beaches Act, !l61.022, and any dune protection program required
under the Texas Natural Resources Code, Chapter 63. The General Land Office requires local
governments to combine and integrate these various plans.
Source: The provisions of this !l15.8 adopted to be effective February 17, 1993, 18 TexReg 661;
amended to be effective April 16, 1996,21 TexReg 3004.
!l1S.9. Penalties
(a) In addition to any penalties assessed by a local government. any person (as defined in this
subchapter) who Violates either the Dune Protection Act, the Open Beaches Act, this subchapter, or a
permit or certificate condition is liable to the Genera! Land Office for a civil penalty of not less than $50
nor more than $1,000 per violation per day. Each day the violation occurs or continues constitutes a
separate violation. Violations of the Dune Protection Act, the Open Beaches Act, and the rules adopted
pursuant to those statutes are separate Violations. and the General Land Office may assess separate
penalties. The assessment of penalties under one Act does not preclude another assessment of penalties
under the other Act for the same act or omission. Conversely, compliance with one statute and the rules
adopted thereunder does not preclude the General Land Office from assessing penalties under the other
statute and the rules adopted pursuant to that statute.
(b) Local governments are included in the definition of 'person' in !l15.2 of this title (relating to
Definitions), and as such, they are liable for penalties for any VIolations of this subchapter, the Dune
Protection Act. and the Open Beaches Act. A local government will be liable for penalties for such
violations. including, but not limited to, failure to submit a dune protection and beach access plan to the
General Land Office and the attorney general's office; failure to maintain and enforce its plan; and failure
to implement the plan. These violations are in addition to any other violations of this subchapter for which
a local government may be liable for penalties.
(c) In determining whether the assessment of penalties is appropriate, the General Land Office will
consider the following mitigating circumstances: acts of God, war, public riot, or strike; unforeseeable,
sudden, and natural occurrences of a violent nature; and willfui misconduct by a third party not related to
the permittee by employment or contract.
Source: The provisions of this !l15.9 adopted to be effective February 17, 1993, 18 TexReg 661.
S 15.10. General Provisions
(a) Construction. A local government's ordinances, orders. resolutions, or other enactments covered by
this subchapter shall be read in harmony with this subchapter. If there is any conflict between them which
cannot be reconciled by ordinary rules of legal interpretation, this subchapter controls. Certification of a
local government's beach access and use plan by the General Land Office may not be construed to
expand or detract from the statutory or constitutional authority of that local government or any other
governmental entity, nor may any person construe such certification to authorize a local government or
any other governmental entity to alienate public property rights in public beaches.
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(b) Boundary of the public beach. The attorney general shall make determinations on issues related to the
location of the boundary of the public beach and encroachments on the public beach pursuant to the
requirements of the Open Beaches Act, !} 61.016 and!} 61.017, and!} 15.3(b) of this title (relating to
Administration). The General Land Office and the local governments will consult with the attorney general
whenever questions of encroachment and boundaries anse with respect to the public beach.
(e) Public beach presumption. Except for beaches on Islands or peninsulas not accessible by public road
or ferry facility, in administenng its plan a local government shall presume that any beach fronting the Gulf
of Mexico within its jurisdiction is a public beach unless the owner of the adjacent land obtains a
declaratory judgment otherwise under the Open Beaches Act, !} 61.019. That section provides that any
person owning property fronting the Gulf of Mexico whose rights are determined or affected by this
subchapter may bring suit for a declaratory judgment against the state to try the issue or issues.
(d) Violations. No person shall violate any provision of this subchapter, a local government dune
protection and beach access plan, or any permit or certificate or the conditions contained therein.
(e) Reporting violations. Any local government with knowledge of a violation or a threatened violation of a
permit, a certificate, its dune protection and beach access plan, the Dune Protection Act, the Open
Beaches Act, or this subchapter shall inform the General land Office of the violation(s) within 24 hours.
(I) Withdrawal of plan certification. The General land Office may withdraw certification of all or any part of
a local government's dune protection and beach access plan if the local government does not comply with
its plan, this subchapter, the Dune Protection Act, or the Open Beaches Act. Without further action by the
General land Office, a local government loses, by operation of law. the authority to issue permits or
certificates authorizing construction within the geographic scope of this subchapter and the privilege to
collect beach user fees if state agency certification of its dune protection and beach access plan is
withdrawn.
(g) Notice of withdrawal of plan certification. The General land Office will notify the local government and
the attorney general's office 60 days prior to withdrawing General land Office certification of the local
government's plan. The local government may submit to the General land Office any evidence
demonstrating full compliance with its plan, this subchapter, the Dune Protection Act, and the Open
Beaches Act. The General land Office will consider the good faith efforts of any local government to
immediately and fully comply with those laws during the 60-day period after the notification of Intent to
withdraw certification.
(h) The provisions contained in this subchapter do not limit the authority of the General land Office and
the attorney general's office to enforce this subchapter, the Dune Protection Act, and the Open Beaches
Act pursuant to the Texas Natural Resources Code. !} 63.181 and!} 61.018.
(i) Appeals. The Dune Protection Act, !} 63.151, and the Open Beaches Act, !} 61.019, contain the
provisions for appeals related to this subchapter.
(j) Grandfathered plans. Nothing in the amendments shall require modifications of any dune protection
and beach access plan certified on or prior to the effective date of these amendments. All permits and
certificates shall be issued in accordance with the General land Office rules for management of the
beach/dune system as described in this chapter.
Source: The provisions of this!} 15.10 adopted to be effective February 17, 1993, 18 TexReg 661;
amended to be effective April 16, 1996, 21 TexReg 3004.
S 15.11. Certification of local Government Dune Protection and Beach Access Plans
(a) Certification of local government plans. The following local governments have submitted plans to the
General land Office which are certified as consistent with state law:
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(1) Brazoria County (adopted August 9.1993, amended September 27,1993);
(2) Chambers County (adopted August 9, 1993);
(3) City of Port Aransas (adopted February 15, 1995);
(4) City of Port Arthur (adopted April i2. 1993);
(5) Jefferson County (adopted August 16,1993. amended March 7,1994);
(6) Matagorda County (adopted February 13, 1995). The General Land Office certifies that the
Beach User Fees section of the Matagorda County plan adopted by the Matagorda County
Commission Court on March 15, 1999, is consistent with state law.
(7) Town of Quintana (adopted August 11, 1993);
(8) Village of Jamaica Beach (adopted August 16, 1993, amended December 6, 1993);
(9) Town of South Padre Island (adopted October 5, 1994);
(10) Cily of Corpus Christl (adopted fl.ugust 10,1993);
(11) Cameron County:
(A) Plan (adopted September 20. 1994). The 440-foot building line established in the
Cameron County plan, Section 111.1, shall not be operative unless it is landward of the line
of vegetation. The line of vegetation shall be established as required in the Open
Beaches Act, Texas Natural Resources Code, 961.017.
(B) Padre Shore Ltd. Final Master Plan Amendment (adopted November 5, 1996).
(12) Nueces County
(A) Plan (adopted March 25, 1992, amended October 23, 1996).
(B) La Concha master plan. The General Land Office certifies that the dune protection
portion of the La Concha master plan adopted by the Nueces County commissioners
court on March 20, 1996, is consistent with state law.
(C) Palms at Waters Edge master plan: The General Land Office certifies that the dune
protection portion of the Palms at Waters Edge master plan adopted by the Nueces
County commissioners court on December 27, 1996, is consistent with state law.
(D) Mustang Island Episcopal Conference Center master plan. The General Land Office
certifies that the dune protection section of the Mustang Island Episcopal Conference
Center master plan adopted by the Nueces County Commissioners Court on January 31,
2000, is consistent with state law.
(13) Village of Surfside Beach (adopted December 12. 2000).
(b) Conditional certification of local government plans. The following local governments have submitted
plans to the General Land Office which are conditionally certified as consistent with state law.
(1) City of Galveston (adopted August 12, 1993, amended February 9,1995, and amended June
19,1997.).
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(A) This certification is valid for 180 days. during which time the City of Galveston will
modify its plan consistent with the General Land Office comments submitted to the City of
Galveston (October 14.1993).
(B) This certification includes a variance from 9 9 154(c)(8), 15.5(b)(3). and 15.6(1)(3) of
this title. (relating to Dune Protection Standards. Beachfront Construction Standards. and
Concurrent Dune Protection and Beachfront Construction Standards). The City of
Galveston's plan:
(i) provides that paving or altering the ground below the lowest habitable floor is
prohibited in the area between the line of vegetation and 25 feet landward of the
north toe of the dune;
(ii) provides that paving used under the habitable structure and for a driveway
connecting the habitable structure and the street is limited to the use of
unreinforced fibercrete in 4 feet by 4 feet sections. which shall be a maximum of
four inches thick with sections separated by expansion joists, or pervious
materials approved by the City Department of Planning and Transportation, in
that area 25 feet landward of the north toe of the dune to 200 feet landward of
the line of vegetation;
(Iii) assesses a "Fibercrete Maintenance Fee" of $200.00 to be used to pay for
the clean-up of fibercrete from the public beaches, should the need arise; and
(iv) allows the use of reinforced concrete in that area landward of 200 feet from
the line of vegetation.
(2) Galveston County (adopted August 16, 1993). This certification is valid for 180 days, during
which time Galveston County will modify its plan consistent with the General Land Office
comments submitted to Galveston County (October 18, 1993).
(c) Implementation of conditionally certified plans. Local governments are required to implement
conditionally certified plans consistent with the Texas Natural Resources Code. Chapters 61 and 63, and
the General Land Office rules for management of the beach/dune system. S S 15.1-15.10 of this title
(relating to Management of the Beach/Dune System).
(d) Removal of conditions of certification.
(1) Local governments shall submit their modified plans on or before the expiration of the 180-day
time period. The General Land Office shall provide to the pertinent local government a
determination as to the sufficiency of the modification(s) within 60 days of receipt of the plan. The
General Land Office will remove all conditions of the plan's certification by amending this
subsection. Such amendments will list the name of the pertinent local government in subsection
(a) of this section, and delete the same from subsection (b) of this section. If the General Land
Office determines that modifications of plans are insufficient, the General Land Office shall
provide specific exceptions to the modifications. If those portions of the plan to which the General
Land Office has noted exceptions can be addressed through further comment, plan revision and
review, conditional certification will be reissued pursuant to a General Land Office amendment to
this subsection, subject to further plan modification.
(2) In the event that a local government chooses not to modify its plan as requested in the
General Land Office comments, the local government shall provide in writing the scientific or legal
justification as to why such modifications are not feasible. The justification shall be submitted to
the General Land Office on or before the due date of the revised plan. The justification will be
reviewed by the General Land Office, and a determination as to the sufficiency of the justification
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will be provided to the local government within 60 days of receipt by the General Land Office.
Local government plans shall continue in effect under conditional certification until the sufficiency
of the justification is resolved or this section is amended.
(e) Withdrawal of conditional certification. Conditional certification of a local government plan shall be
withdrawn by the General Land Office after the 180-day time period if the pertinent local government does
cot submit to the General Land Office either a formally adopted plan which has been modified consistent
with General Land Office comments or the wntten scienllfic or legal justification as to why such
modification is not feasible. In any event, withdrawal of conditional certification shall only occur after the
General Land Office adopts an amendment to this subsection withdrawing conditional certification, with
accompanying specific reasons. and the General Land Office has given the pertinent local government
written notice of the withdrawal of the conditional certification.
Source: The provisions of this 9 15.11 adopted to be effective November 28, 1994, 19 TexReg 8981;
amended to be effective June 27, 1995,20 TexReg 4349; amended to be effective April 16, 1996,21
TexReg 3024; amended to be effective October 7, 1996,21 TexReg 9167; amended to be effective
March 27,1997,22 TexReg 2877; amended to he effective July 17, 1997,22 TexReg 6460; amended to
be effective January 5,1998,23 TexReg 147; amended to be effective November 29,1998,23 TexReg
11827; amended to be effective December 6,1998,23 TexReg 12446; amended to be effective
September 5, 1999, 24TexReg6805; amended to be effective August 6, 2000, 25 TexReg 7180;
amended to be effective June 28, 2001. 26 TexReg 4726.
SUBCHAPTER B. COASTAL EROSION PLANNING AND RESPONSE
!i 15.21. Evaluation Process For Coastal Erosion Studies And Projects
The General Land Office (Land Office) will evaluate potential projects for funding from the coastal erosion
response account based on a three-stage evaluation process as described in this section.
(1) Initial evaluation -- project goal summaries submitted to the Land Office by potential project
partners.
(A) A potential project partner seeking funds from the coastal erosion response account
must submit a project goal summary to the Land Office. The project goal summary must
include the following:
(i) the name of the entity that will be the potential project partner and the name,
address, and telephone number of the person who will represent the potential
project partner and be the primary point of contact with the Land Office;
(ii) the location and geographic scope of the erosion problem;
(iii) a description of the erosion problem and the severity of erosion in the area;
(iv) the economic impacts of erosion in the area;
(v) a description of how public infrastructure or resources have been impacted or
threatened by erosion in the area;
(vi) the natural resource Impacts of erosion in the area; and
(vii) the desired outcome or goals of seeking funding from the coastal erosion
response account.
(B) The Land Office will accept project goal summaries by:
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(i) mall sent to the General Land Office. Attn: Director, Coastal Projects Division,
Stephen F. Austin Building, 1700 North Congress Avenue, Room 617, Austin,
Texas 78701-1495;
(ii) fax sent to (512) 475-0680; or
(Iii) emal; sent to coastalprojects@glo.s'ate.txus.
(C) The Land Office Will evaluate project goal summaries received based on the following
criteria: the severity of erosion in the area, the economic impacts of erosion, the degree
to which public infrastructure or resources are at risk, and natural resources threatened
by erosion. Each criterion will be weighted by the Land Office, and the Land Office will
assign a total score to each project goal summary. The Land Office will conduct the initial
evaluation in consultation and coordination with the potential project partner, as deemed
necessary by the Land Office.
(D) The Land Office encourages potential project partners to submit additional
information if it is available on the presumed causes of erosion, other potential project
partners in the area, a recommendation on projects to address erosion in the area, and
possible funding alternatives that have already been explored. The Land Office will not
use this additional Information during the initial evaluation stage. but it may be used to
expedite the evaluation process In iater stages.
(E) The Land Office will inform the potential project partner of the outcome of the initial
evaluation and subsequently post the outcome on the Land Office's website at
www.glo.state.tx.us.
(F) If, as a result of the initial evaluation, the Land Office chooses not to continue the
evaluation into the next stage, the potential project partner will be notified in writing of this
result. The Land Office wiii retain the project goal summary and may reevaluate it if future
conditions warrant.
(G) If the Land Office's initial evaluation results in a score that is sufficiently high to
warrant an evaluation of alternatives. the Land Office will invite the potential project
partner to continue to work cooperatively with the Land Office by becoming a qualified
project partner.
(2) Evaluation of alternatives with qualified project partners.
(A) The process of evaluating alternatives will begin with the Land Office and potential
project partner entering into a project cooperation agreement. Upon entering into a
project cooperation agreement, the potential project partner will become a qualified
project partner. The Land Office and qualified project partner will cooperatively evaluate
alternatives for addressing the erosion problem(s) identified in the project goal summary.
(B) The project cooperation agreement with the qualified project partner will explicitly
define the activities to be undertaken by the land Office and the qualified project partner
in the evaluation of alternatives. The Land Office may, at its sole discretion, fund studies
or activities that are part of the alternatives-evaluation process. Funds expended by a
qualified project partner in conformance with the project cooperation agreement can be
used to offset the qualified project partner's cost-sharing requirement.
(C) During the alternatives-evaluation process, the Land Office will evaluate projects
based on the following criteria:
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(i) the feasibility of alternative projects in meeting the goals of the project goal
summary;
(ii) whether the qualified project partner has already made or received a binding
commitment to fund all or a portion of a given project; and
(Iii) whether funding can be ieverageo lilth sources other than tr,e coastal erosion
response account.
(D) At the completion of the alternatives-evaluation process, the Land Office in
consultation with the qualified project partner will choose one or more preferred
alternatives for addressing the erosion problem in the area identified. Each preferred
alternative will be scored based on the factors detailed in 9 15.21(2)(C) of this section. If
new information becomes available during the alternatives-evaluation stage, the Land
Office may adjust the score for the initial evaluation of the project goal summary.
(E) Based on the scores from the first two stages of the evaluation process, the Land
Office will determine whether any of the preferred alternatives are viable projects for
funding from the coastal erosion response account. If the Land Office determines that
one or more of the preferred alternatives are viable projects, the Land Office will request
that the qualified project partner continue to work coooeratively to seek funding.
(3) Final prioritization of preferred alternatives by the Land Office.
(A) If the qualified project partner chooses to continue the application process for funding
a preferred alternative, the Land Office will further score the preferred alternative based
on the following criteria:
(i) the distribution of other erosion response projects in Texas that have received
funding from the coastal erosion response account;
(Ii) whether federal and local financial participation in the project is maximized;
(Iii) whether the project achieves efficiencies and economies of scale;
(iv) the cost of the preferred alternative and the amount of money available in the
coastal erosion response account;
(v) if the project is located within the jurisdiction of a local government that
administers a beach/dune program, whether the local government is adequately
administering its duties under the Open Beaches Act (Texas Natural Resources
Code, Chapter 61) and Dune Protection Act (Texas Natural Resources Code,
Chapter 63); and
(vi) whether the project will address an emergency situation in the area.
(B) After the Land Office assigns weighted, numerical scores to the criteria detailed in 9
15.21(3)(A) of this section, the Land Office will generate a final cumulative score for each
preferred alternative based on the scores achieved by the project in each of the three
stages of the evaluation process.
Source: The provisions of this 915.21 adopted to be effective November 21,1999,24 TexReg 10132
Ii 15.22. Funding Projects From the Coastal Erosion Response Account
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(a) The Land Office will rank each project that has been evaluated through the three-stage evaluation
process based on the project's cumulative numerical score.
(b) If the Land Office determines that a project should receive funds from the coastal erosion response
account, the Land Office and the qualified project partner will amend the project cooperation agreement
that was entered into earlier in the evaluation process. The Land Office shall explicitly describe in the
amended project cooperation agreement tne terms and conditions under which the Land Office Will fund
the project.
(c) Cost-sharing requirement for qualified project partners. The CEPRA requires qualified project partners
to pay at least 25% of the shared project costs.
(1) The project cooperation agreement shall specify the terms of the qualified project partner's
commitment to pay at least 25% of shared project costs.
(2) No costs incurred by a potential project partner before becoming a qualified project partner by
entering into a project cooperation agreement with the Land Office can be used to offset the 25%
cost-sharing requirement of the CEPRA.
(3) In-kind goods or services provided by the qualified project partner after entering into a project
cooperation agreement with the Land Office may offset the 25% cost-sharing requirement. If the
qualified project partner prOVides the Land Office with a reasonable basIs for estimating the
monetary vaiue of those goods or services. The decision on whether to allow any in-kind good or
service to offset the 25% cost-sharing requirement is in the sole discretion of the Land Office.
(4) Local governments that receive financial assistance from the state to clean and maintain
public beaches fronting the Gulf of Mexico under Chapter 25 of this title, relating to Beach
Cleaning and Maintenance Assistance Program, will not be allowed to use funds received under
that program to meet the 25% cost-sharing requirement.
Source: The provisions of this 915.22 adopted to be effective November 21,1999,24 TexReg 10132
915.23, Coastal Boundary Surveys
The CEPRA mandates that no person may undertake an action relating to erosion response on or
immediately landward of a public beach or submerged land until the person has conducted and filed a
coastal boundary survey with the Land Office in conformance with Texas Natural Resources Code, 9
33.136.
(1) If a coastal boundary survey has previously been conducted and filed in the area of an erosion
response project that may be funded from the coastal erosion response account, the Land Office
shall determine whether that survey adequately reflects current conditions. If the survey
adequately reflects current conditions, the Land Office may determine that a new coastal
bound8lY survey is not required before the project is constructed. The decision on whether a new
survey is required before construction of an erosion response project is in the sole discretion of
the Land Office.
(2) The boundary depicted on any coastal boundary survey that is required before funding a
project from the coastal erosion response account shall be delineated according to the law under
which the upland property was originally granted by the sovereign.
Source: The provisions of this 915.23 adopted to be effective November 21,1999,24 TexReg 10132
SUBCHAPTER D. CERTIFICATION OF COASTAL WETLANDS
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915,51. Policy; Scope of Rules; Definitions
(a) Policy. The protection and preservation of certain of the coastal wetlands of this state are essential to
the public interest. The General Land Office Incorporates by reference the policy statement as set forth in
Texas Civil Statutes Article 5415e-3, 9 2.
0) Scope of rules. These rules Set forth the ractors which Will De considered by the commissioner In
selecting and certifying to the Texas Parks and Wildlife Department those coastal wetlands which are
most essential to the public interest; In assigning priorities for acquisition of such coastal wetlands; and in
revoking certification of such coastal wetlands whenever it is in the public interest. These rules also set
forth the process which the commissioner will employ in certifying those coastal wetlands which are most
essential to the public interest.
(c) Definition. The following definitions are intended to assist the public in understanding the impact and
scope of these rules. For the purposes of these rules only:
(1) Commissioner -- The commissioner of the General Land Office.
(2) Coastal wetlands -- Highly productive coastal natural systems composed of waters, substrate.
vegetation, and animal life. Coastal wetlands mean marshes and other areas of high biologic
productivity where seawater is oresent during times other than and in addition to storms or
hurricanes as defined by the Beaufort Wind Scale. Coastal wetlands do not, however, include any
areas seaward of the line of mean annual low spring tide, nor does it include any mainland area
where seawater is present only during storms or hurricanes as defined by the Beaufort Wind
Scale.
(3) Marshes -- Includes only coastal marshes. Coastal marshes are land areas within coastal
wetlands that contain seawater and are characterized by plants that are emergent, rooted,
herbaceous hydrophytes. Marshes must include one or more of the following species of
vegetation.
(A) Grasses and grass-like plants. (Scientific name -- common name.)
(i) Cyperus haspan L -- sheathed flatsedge.
(ii) C. polystachyos Rottb. var. texensls (Torr.) Fern. -- umbrella sedge.
(iii) Dichromena colorata (L) AS. Hitchc. -- starrush whitetop.
(iv) Distichlis spicata (L) Greene var. spicata -- seashore saltgrass.
(v) Eleocharis albida Torr. -- white spikesedge.
(vi) E. caribaea (Rottb.) Blake -- spikesedge.
(vii) E. interstincta (Vahl) Roemer & Schultes - gulfcoast spikesedge.
(viii) Fimbristylis caroliniana (Lam.) Fern. -- fimbry.
(ix) F. Castanea Vahl-- fimbry.
(x) F. pUberula (Michx.) Vahl var. puberula -- fimbry.
(xi) Fuirena squarrosa Michx. -- hairy umbrella sedge.
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(xii) F. simplex Vahl -- western umbrella sedge.
(xiii) Juncus marginatus Rostk. -- grassieaf rush.
(xiv) J. Roemerianus Scheele -- needlegrass rush.
(xv) J. valldus Cov. var. valldus -- louna~eaa rusn.
(xvi) J. validus Cov. var. fascinatus M.C. Johnst. -- roundhead rush.
(xvii) Monanthochloe littoralis Englem. -- shoregrass.
(xviii) Parapholis incurva (L) C.E. Hubb. -- sicklesgrass.
(xix) Paspalum vaginatum Swartz -- seashore paspalm.
(xx) Phragmites australis (Cav.) Trin. - common reed.
(xxi) Scirpus californicus (CA Meyer) Steud. -- Caiifornia bullrush.
(xxii) S. marltimus L var. macrcstachyus Michx. -- saltmarsh bullrush.
(xxiii) S. american us Pers. var. longispicatus Britt. -- three-square bullrush.
(xxiv) Spartina alterniflora Loisel. var. alterniflora -- smooth cordgrass.
(xxv) S. cynosuroides (L.) Roth - big cordgrass.
(xxvi) S. patens (Ait.) Muhl. -- marshay cordgrass.
(xxvii) S. spartinae (Trin.) Hitchc. ..... gulf cordgrass.
(xxviii) Sporobolus virginicus (L.) Kunth -- seashore dropseed.
(XXIX) S. pyramidatus (Lam.) Hitchc. -- whoried dropseed.
(xxx) Zizaniopsis miliacea (Michx.) Doell and Aschers -- marshmiliet.
(B) Other marsh plants. (Scientific name -- common name.)
(i) Agalinis heterophylla (Nutt.) Small -- prairie Agalinis.
(ii) A. maritima Rat. var. grandiflora (Benth.) Shinners -- seaside gerardia.
(iii) Amaranthus spinosus L. -- spiny amaranth.
(iv) Avicennia germinans (L.) L. -- black mangrove.
(v) Batis maritima L. -- saltwort.
(vi) Borrichia frutescens (L.) DC. -- bushy sea oxeye.
(vii) Cakile fusiformis Greene -- sea rocket.
(viii) C. geniculata (Robins.) Millsp. -- sea rocket.
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(ix) Heliotropium curassavicum L. -- salt heliotrope.
(x) Iva frutescens L. var. frutescens -- big leaf sumpweed.
(xi) I. frutescens L. var. oraria (Bartlett) Fern. & Grisc. -- bigleaf sumpweed.
(XII) I. angustlfolia OC. -- sumpweed.
(xiii) Umonium Nashii Small var. Nashii -- sea lavendar.
(xiv) L. Nashii Small var. angustatum (Grah) Ahles -- sea lavendar.
(xv) Lycium carolinianum (Moc. & Sesse) C.L. Hitchc. -- Carolina wolfbeny.
(xvi) Machaeranthera phyllocephala (DC.) Shinners -- camphor daisy.
(xvii) Philoxerus vermicularis (L.) R. BR. -- silverhead.
(xviii) Salicornia Bigelovii Torr. -- glasswort.
(xix) S. V1rgrnica L. n Virginia glasswort.
(xx) Samolus ebracteatus H.B.K. - water pipernel.
(xxi) Sesuvium erectum Correll -- sea purslane.
(xxii) S. maritimum (Walt.) B.S.P. - coast sesuvium.
(xxiii) S. Portulacastrum L. -- sea purslane.
(xxiv) S. trianthemoides Correll -- sea purslane.
(xxv) Solidago sempervirens L. var. mexicana (L.) Fern. -- seaside goldenrod.
(xxvi) Suaeda conferta (Small) I.M. Johnst. n seablite.
(xxvii) S. linearis (Ell.) Moq. -- annual seepweed.
(xxviii) Typha angustifolia L. -- narrow-leaved cattail.
(xxix) T. dominigensis Pers. -- tule.
(4) Mean annual low spring tide -- The long-time (18.6 years) average of the lowest spring tide
occurring within a year for a given area. Spring tides occur for several days every 14.3 days when
the low waters are much lower than usual due to the position of the earth, sun, and moon.
(5) Other areas of high biologic productivity -- Areas in coastal wetlands that contain seawater
and are adjacent to or within marshes.
(6) Seaward -- The direction away from the shore and toward the body of water bounded by such
shore.
(7) Seawater -- Any water containing a concentration of one-twentieth of 1.0% or more by weight
of total dissolved inorganic salts derived from the marine waters of the Gulf of Mexico. Seawater
may be present either as freestanding water on the surface of the soil, as ground moisture
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absorbed by the soil, or as both.
Source: The provisions of this 915.51 adopted to be effective March 22,1979,4 TexReg 785.
915.52. Criteria for Certification; Assignment of Priorities for Acquisition; Revocation of
Certification
In selecting and certifying those coastal wetlands most essential to the public interest, assigning priorities
for acquisition of such wetlands, and determining whether to revoke such a certification, the
commissioner will consider the following criteria:
(1) Coastal wetlands. The commissioner may consider whether such lands are coastal wetlands
within the definition, intent, and purpose of the Coastal Wetlands Acquisition Act, Texas Civil
Statutes Article 5415e-3, as elaborated by the definition of coastal wetlands contained in 9 15.51
of this title (relating to Policy; Scope of Rules, Definitions).
(2) Title. The commissioner will consider whether the state owns such coastal wetland or claims
title to them, which title can be validated by bringing an appropriate action therefor in a court of
law.
(3) Characteristics of the coastal wetland. The commissioner will consider whether the biological,
geological, or physical characteristics of such coastal wetlands, Including the interrelationship of
such coastal wetlands with other coastal wetlands, combine to make the preservation of such
coastal wetlands essential to the public interest. In making this determination, the commissioner
will be concerned with the effect of these factors on the ability of such coastal wetlands to perform
functions beneficial to the public. Since scientific understanding of the operation and functions of
the coastal wetlands of the Texas coast is continually evolving, the criteria for assessment of the
value of coastal wetlands will evolve as the state of scientific knowledge improves. The criteria
considered may include the ability of such coastal wetlands to function in:
(A) production of plant and animal biomass;
(B) provision for wildiife habitat and/or nursery grounds;
(C) protection of endangered or important species:
(D) temporary storage of flood and storm waters;
(E) erosion prevention;
(F) water quality enhancement:
(G) entrapment of sediments;
(H) storage and supply of inorganic nutrients and organic detritus;
(I) aesthetics and recreation;
(J) potential for aquaculture; and
(K) protection of other, interrelated coastal wetlands that would be detrimentally affected
if those with whiCh they are Interrelated were altered, damaged, or destroyed.
(4) Danger. The commissioner will consider the degree to which such coastal wetlands are in
danger of being altered, damaged, or destroyed, and the imminence of such danger. Those
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coastal wetlands which are both essential to the public interest and subject to alteration, damage,
or destruction that will impair their ability to perform functions beneficial to the public will generally
be considered a higher priority for state acquisition than those which are subject to less danger.
Although receipt of an application under section 10 of the Rivers and Harbors Act of 1899, United
States Code 1970, Title 33, section 403 or section 404 of the Federal Water Pollution Control Act
Amendments of 1972,33 United States Code 31344, for any Texas coastal wetland will be
considered prima facie eVlaence af Imminent danger to that wetland, the Imminence of danger to
a coastal wetland is not contingent upon receipt of such applications. Many activities, if properly
designed and carried out, may be performed in coastal wetland areas without posing a
substantial danger to the wetland. In assessing the imminence of threat to a wetland, the
commissioner may consider any of the following:
(A) Chemical and physical factors:
(i) changes in water quality, especially pollutant or toxicant load, temperature,
transparency, turbidity, dissolved oxygen concentration, and salinity;
(ii) changes in substrate or soil condition, particularly in relation to topography of
the area, as well as fertility and structure of the soils;
(iii) changes In auantity and movement of inorganic nutrients and organic matter
(particularly detritus) within, Into, and out of the coastal wetland; and
(iv) changes in hydrology, including both the amount, spatial and temporal
pattern of water movement.
(B) Biotic factors:
(i) changes in biological oxygen demand;
(ii) changes in productivity of living plants and animals, both within the coastal
wetland and in associated natural systems; and
(iii) changes in the composition, biomass, and diversity of plant and animai life
within the coastal wetland and in associated natural systems.
(C) Criteria for decision. When evaluating the impacts of proposed activities on coastal
wetlands, the commissioner may consider the criteria for decision set forth in 9 155.3(g}
of this title (relating to Easements).
(5) Cost. The commissioner will consider the cost of acquiring particular coastal wetlands relative
to the benefit provided the public by such acquisition.
Source: The provisions of this !i 15.52 adopted to be effective March 22, 1979, 4 TexReg 785.
S 15.53, Certification Procedure
(a) General procedure. The commissioner will from time to time as appropriate, certify in writing to the
Texas Parks and Wildlife Department that specified coastal wetlands are essential to the public interest,
and he will indicate to the Texas Parks and Wildlife Department priorities for acquisition, if any, for such
certified coastal wetlands. To the extent possible and appropriate, the commissioner will certify such
wetlands sufficiently far in advance of the next succeeding legislative session to enable the Texas Parks
and Wildlife Department to seek a legislative appropriation, if necessary for the acquisition of such
certified coastal wetlands.
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(b) Nominations. The commissioner will accept and consider wrrtten nominations of coastal wetlands for
certification. Written Justification accompanying such nominations, adequate to support certification
pursuant to these sections, is encouraged.
(c) County commissioners court approval. The commissioner will forward a copy of any such certification
to the county judge of every county in which any part of the wetlands so certified is located. and will
request the recommendation of the commiSSioners or said county therem
Source: The provisions of this 915.53 adopted to be effective March 22, 1979,4 TexReg 785.
915.54. Revocation of Certification by Commissioner
The commissioner may, from time to time, revoke a certification promulgated pursuant to these rules if he
determines, in accordance with the criteria specified in 9 15.52 of this title (relating to Criteria for
Certification; Assignment of Priorities for Acquisition; Revocation of Certification), that it is in the public
interest to do so. The certification will be revoked by sending to the Texas Parks and Wildlife Department
written notice of the coastal wetland area, or portion thereof, as to which certification is revoked. Notice of
such revocation will also be sent to the appropriate county commissioners court.
Source: The provisions of this 915.54 adopted to be effective March 22,1979,4 TexReg 785.
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APPENDIX XII
DUNE PROTECTION ACT, V.T.C.A., NATURAL RESOURCES CODE 9 61,001 ET SEa.
(NOTE: This appendix reproduces a copy of Chapter 61, Texas Natural Resources Code, as effective on
September 1, 2001. It is provided for reference only. Any future amendments by the Texas Legislature
that are Inconsistent with any elements of the City of Corous Christi Dune Protection and Beach Access
RegUlatiOns supersede these reguiations. ReVised verSions oi Chapter 61 may be substituted without
further action by the City CouncIl.)
CHAPTER 61. USE AND MAINTENANCE OF PUBLIC BEACHES
SUBCHAPTER A, GENERAL PROVISIONS
9 61.001. Definitions
In this chapter:
(1) "Commissioner" means the Commissioner of the General Land Office.
(2) "Construction" means causing or carrying out any building, bulkheading, filling, clearing,
excavation. or any substantial Improvement to land or the size of any structure.
(3) "Department" means the Parks and Wildlife Department.
(4) "Land office" means the General Land Office.
(5) "Line of vegetation" means the extreme seaward boundary of natural vegetation which
spreads continuously inland.
(6) "Littoral owne~' means the owner of land adjacent to the shore and includes a lessee,
licensee, or anyone acting under the littoral owner's authority.
(7) "Local government" means a municipality, county, or any other political subdivision of the
state.
(8) "Public beach" means any beach area, whether publicly or privately owned, extending inland
from the line of mean low tide to the line of vegetation bordering on the Gulf of Mexico to which the public
has acquired the right of use or easement to or over the area by prescription, dedication, presumption, or
has retained a right by virtue of continuous right in the public since time immemorial, as recognized in law
and custom. This definition does not include a beach that is not accessible by a public road or public ferry
as provided in Section 61.021 of this code.
Acts 1977, 65th Leg., p. 2477, ch. 871, art. 1,91, eff. Sept. 1, 1977.
Amended by Acts 1991, 72nd Leg., ch. 295, 9 4, eff. June 7,1991.
SUBCHAPTER B. ACCESS TO PUBLIC BEACHES
S 61.011. Policy and Rules
(a) It is declared and affirmed to be the public policy of this state that the public, individually and
collectively, shall have the free and unrestricted right of ingress and egress to and from the state-owned
beaches bordering on the seaward shore of the Gulf of Mexico, or if the public has acquired a right of use
or easement to or over an area by prescription, dedication, or has retained a right by virtue of continuous
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right in the public, the public shall have the free and unrestricted right of ingress and egress to the larger
area extending from the line of mean low tide to the line of vegetation bordering on the Gulf of Mexico.
(b) The legislature recognizes that, in order to provide and maintain public facilities and public
services to enhance access to and safe and healthy use of the public beaches by the public, adequate
funds are required to provide public facilities and public services. Any local government responsible for
the regulation, maintenance, and use of SUCh oeacnes may cnarge reasonable fees pursuant to ItS
authority to cover the cost of discharging its responSibilities with respect to such beaches, provided such
fees do not exceed the cost of such public facilities and services, and do not unfairly limit public access to
and use of such beaches.
(c) The attorney general shall strictly and vigorously enforce the prohibition against
encroachments on and interferences with the public beach easement. The attorney general shall develop
and publicize an enforcement policy to prevent and remove any encroachments and interferences on the
public beach. The land office may assist the attorney general in enforcing this subchapter.
(d) The commissioner shall promulgate rules, consistent With the policies established in this
section, on the following matters only:
(1) acquisition by local governments or other appropriate entities or public dedication of access
ways sufficient to orovide adequate public ingress and egress to and from the beach within the area
deSCribed In Subdivision (6) of this subsectlcn;
(2) protection of the public easement from erosion or reduction caused by development or other
activities on adjacent land and beach cleanup and maintenance;
(3) local government prohibitions of vehicular traffic on public beaches, provision of off-beach
parking, and other minimum measures needed to mitigate for any adverse effect on public access and
dune areas;
(4) imposition of beach access, user, or parking fees and reasonable exercises of the police
power by local governments with respect to public beaches;
(5) contents and certification of beach access and use plans and standards for local government
review of construction on land adjacent to and landward of public beacr,es; and
(6) construction on land adjacent to and landward of public beaches and lying in the area either
up to the first public road generally parallel to the beach or to any closer public road not parallel to the
beach, or to within 1,000 feet of mean high tide, whichever is greater, that affects or may affect public
access to and use of public beaches.
(e) The commissioner may not adopt a proposed rule or any provision of a proposed rule,
including any certification under this subchapter, if the attorney general has certified in writing that the rule
or provision would allow encroachments on public beaches or obstructions, barriers, or restraints to public
access and use of public beaches contrary to the policies declared and affirmed in this section.
Acts 1977, 65th Leg., p. 2477, ch. 871, art. I, 9 1, eff. Sept. 1, 1977.
Amended by Acts 1991, 72nd Leg., ch. 295, 9 5, eff. June 7,1991.
!i 61.012. Definition
In this subchapter, "beach" means state-owned beaches to which the public has the right of
ingress and egress bordering on the seaward shore of the Gulf of Mexico or any larger area extending
from the line of mean low tide to the line of vegetation bordering on the Gulf of Mexico if the public has
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acqUired a right of use or easement to or over the area by prescription, dedication, or has retained a right
by virtue of continuous right in the public.
Acts 1977, 65th Leg., p. 2477, ch. 871, art. I, 9 1, eff. Sept. 1, 1977.
9 61.013. Prohibition
(a) It is an offense against the public policy of this state for any person to create, erect, or
construct any obstruction, barrier, or restraint that will interfere with the free and unrestricted right of the
public, individually and collectively, lawfully and legally to enter or to leave any public beach or to use any
public beach or any larger area abutting on or contiguous to a public beach if the public has acquired a
right of use or easement to or over the area by prescription, dedication, or has retained a right by virtue of
continuous right in the public.
(b) Unless properly certified as consistent with this subchapter, no person may cause, engage in,
or allow construction landward of and adjacent to a public beach within the area described in Section
61.011(d)(6) of this code in a manner that will or is likely to affect adversely public access to and use of
the public beach. The prohibition in this subsection takes effect only on adoption of final rules by the
commissioner under Section 61.011 of this code.
(c) For purposes of this section. "cublic beach" shall mean any beach bordering on the Gulf of
MexIco that extends inland from the iine of mean iow tide to the natural line of vegetation bordering on the
seaward shore of the Gulf of Mexico, or such larger contiguous area to which the public has acquired a
right of use or easement to or over by prescription, dedication, or estoppel, or has retained a right by
virtue of continuous right in the public since time immemorial as recognized by law or custom. This
definition does not include a beach that is not accessible by a public road or public ferry as provided in
Section 61.021 of this code.
Acts 1977, 65th Leg., p. 2478, ch. 871, art. 1,91, eff. Sept. 1, 1977.
Amended by Acts 1979, 66th Leg., p. 1607, ch. 681, 9 2, eff. Aug. 27, 1979; Acts 1983, 68th Leg., p.
4818, ch. 850, 9 1, eff. June 19,1983; Acts 1991, 72nd Leg., ch. 295, 9 6, eff. June 7,1991.
Ii 61.014. Denial of Access by Posting
(a) As used in this section, "public beach" means the area extending from the line of mean low
tide of the Gulf of Mexico to the line of vegetation bordering on the Gulf of Mexico, or to a line 200 feet
inland from the line of mean low tide, whichever is nearer the line of mean low tide, if the public has
acquired a right of use or easement to or over the area by prescription, dedication, or has retained a right
by virtue of continuous right in the public.
(b) No person may display or cause to be displayed on or adjacent to any public beach any sign,
marker, or warning, or make or cause to be made any written or oral communication which states that the
public beach is private property or represent in any other manner that the public does not have the right of
access to the public beach as guaranteed by this subchapter.
Acts 1977, 65th Leg., p. 2478, ch. 871, art. I, 91, eff. Sept. 1, 1977.
Amended by Acts 1979, 66th Leg., p. 1607, ch. 681, 9 1, eff. Aug. 27, 1979; Acts 1991, 72nd Leg., ch.
295,97, eff. June 7,1991.
Ii 61.015. Beach Access and Use Plans
(a) Each local government with ordinance authority over construction adjacent to public beaches
and each county that contains any area of public beach within its boundaries shall adopt a plan for
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preserving and enhancing access to and use of public beaches within the jurisdiction of the local
government. Such beach access and use plans must be consistent with the policies in Section 61.011 of
this code and the rules promulgated thereunder and Chapter 63 of this code and shall to the greatest
extent practicable incorporate the local government's ordinary land use planning procedures. A
municipality may adopt and apply any appropriate ordinances within its extraterritorial jurisdiction to effect
the purposes of this subchapter.
(b) Local governments shall submit proposed beach access and use plans to the commissioner
for certification as to compliance with such policies and rules and to the attorney general for review and
comment. The commissioner shall act on a local government's proposed beach access and use plan
within 60 days of submission by either approving the plan or denying certification. In the event of denial,
the commissioner shall send the proposed plan back to the originating local government with a statement
of specific objections and the reasons for denial, along with suggested modifications. On receipt, the
local government shall revise and resubmit the plan. The commissioner's certification of local
government plans shall be by adoption into the rules under Section 61.011 of this code.
(c) A littoral owner proposing construction adjacent to and landward of a public beach in the area
described in Section 61.011(d)(6) of this code shall submit a development plan to the appropriate local
government. The local government shall forward the development plan to the commissioner and the
attorney general no less than 10 working days prior to acting on the development plan. The
commissioner or the attorney general may submit comments on the proposed construction to the local
government
(d) The local government shall review the proposed development plan and the commissioner's
and attorney general's comments and other information the local government may consider useful to
determine consistency with the local government's beach access and use plan.
(e) If the proposed construction is required to be permitted by the local government under
Chapter 63 of this code, the local government shall consider the issuance of the permit concurrently with
the certification under this section, unless otherwise provided by rules promulgated under Section 61.011
of this code.
(I) The local government, after considering all appropriate information, shall make the
determination and shall certify that the construction as proposed either is consistent with the local
government's beach access and use plan or is inconsistent with the local government's beach access and
use plan. in wh;ch case the local government must specify how the construction is inconsistent with the
plan.
(g) The local government may include in the certification any reasonable terms and conditions it
finds necessary to assure adequate public beach access and use rights consistent with Chapter 63 of this
code.
(h) The requirements of this section take effect only on adoption of final rules by the
commissioner under Section 61.011 of this code.
Acts 1977, 65th Leg., p. 2478, ch 871, art. I,!i 1, eff. Sept. 1, 1977.
Amended by Acts 1991. 72nd Leg., ch. 295, 5 8, eff. June 7, 1991.
961.016. Boundaries for Areas With No Marked Vegetation Line
(a) To determine the "line of vegetation" in any area of public beach in which there is no clearly
marked line of vegetation (for instance, a line immediately behind well-defined dunes or mounds of sand
and at a point where vegetation begins) recourse shall be to the nearest clearly marked line of vegetation
on each side of the unmarked area.
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(b) The "line of vegetation" for the unmarked area shall be the line of constant elevation
connecting the two clearly marked lines of vegetation on each side.
(c) If the elevation of the two points on each side of the area are not the same, the extension
defining the "line of vegetation" shall be the average elevation as between the two points, but if there is no
clearly marked line of vegetation. the" line of vegetation" shall not extend inland further than 200 feet
from the seawaro line of mean lOW tide.
Acts 1977, 65th Leg., p. 2478, ch. 871, art. I, 9 1, eff. Sept. 1, 1977.
Amended by Acts 1991, 72nd Leg., ch. 295, 99, eff. June 7,1991.
Ii 61.017. Line of Vegetation Unaffected by Certain Conditions
(a) The "line of vegetation" is not affected by the occasional sprigs of salt grass on mounds and
dunes or seaward from them and by artificial fill, the addition or removal of turf, or by other artificial
changes in the natural vegetation of the area.
(b) If the changes listed in Subsection (a) of this section are made and the vegetation line is
obliterated or is created artificially, the line of vegetation shall be determined in the same manner as in
those areas covered by Section 61.016 of thiS code. but if there IS a vegetation line consistently following
a line more than 200 feet from the seaward line of mean low tide, the 200-foot line shall constitute the
landward boundary of the area subject to public easement until a final court adjudication establishes the
line in another place.
(c}(1) In an area of public beach where a seawall structure constructed in its entirety as a single
structure of one design before 1970 and continuously maintained with a height of not less than 11 feet
above mean low tide interrupts the natural line of vegetation for a distance not less than 4,000 feet nor
greater than 4,500 feet, the line of vegetation is along the seaward side of the seawall for the distance
marked by the seawall, provided that prior to September 2, 1997:
(A) a perpetual easement has been granted in favor of the public affording pedestrian,
noncommercial use along and over the entire length of the seawall and adjacent sidewalk by the general
public;
(B) fee title to the surface estate to an area for public parking and other public uses adjacent to
the seawall has been conveyed to and accepted by a public entity, which area contains sufficient acreage
to provide at least one parking space for each 15 linear feet of the seawall, is located within the center
one-third of the length of the seawall or not farther than 300 feet from that center one-third, and has
frontage on the seawall for at least 300 linear feet; and
(C) permanent roadway easements exist within 1,000 feet of each end of the seawall affording
vehicular access from the nearest public road to the beach.
(2) A line of vegetation established as described in this subsection shall be the landward
boundary of the public beach and of the public easement for all purposes. Fee title to all submerged land
as described in this code shall remain in the State of Texas.
(d}(1) In an area of public beach where a combination stone revetment and concrete sheet pile
wall constructed in its entirety as a single structure before 1999 and continuously maintained with a height
of not less than five feet above mean low tide interrupts the natural line of vegetation for a distance not
less than 7.5 miles and not more than 8.5 miles, the line of vegetation is along the landward boundary of
that strip of land coveyed to the United States of America for the construction of the stone revetment and
concrete sheet pile wall and for the distance marked by the stone revetment and concrete sheet pile wall.
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(2) A line of vegetation established as described by this subsection is the landward boundary of
the public beach and of the public easement for all purposes. Fee title to all submerged land as described
in this code shall remain in the State of Texas.
Acts 1977, 65th Leg., p. 2479, ch. 871, art. I, 91, eff. Sept. 1, 1977.
Amenoed by Acts 1995, 74th Leg., en. 593. I) 1, eft Sept 1. 1995; Acts 1997 75th Leg., ch 331. S 1. eff.
Sept. 1, 1997.
Amended by Acts 2001, 77th Leg., p. 5214, eff. Sept. 1, 2001.
961.018. Enforcement
(a) The attorney general, individually or at the request of the commissioner, or any county
attorney, district attorney, or criminal district attorney shall file in a district court of Travis County, or in the
county in which the property is located, a suit to obtain either a temporary or permanent court order or
injunction, either prohibitory or mandatory, to remove or prevent any improvement, maintenance,
obstruction, barrier, or other encroachment on a public beach, or to prohibit any unlawful restraint on the
public's right of access to and use of a public beach or other activity that violates this chapter.
(b) In the same suit, the attorney general. the commiSSioner. county attorney, district attorney, or
Criminal district attorney may recover penaitles and the costs of removing any improvement, obstruction,
barrier, or other encroachment if it is removed by public authorities pursuant to an order of the court.
(c) A person who violates this chapter is liable for a civil penalty of not less than $50 nor more
than $1,000. Each day the violation occurs or continues is a separate violation.
(d) The attorney general, either individually or at the request of the commissioner or any county
attorney, may bring a suit for a declaratory judgment to try any issue affecting the public's right of access
to or use of the public beach.
Acts 1977, 65th Leg., p. 2479, ch. 871, art. I, 9 1, eff. Sept. 1, 1977.
Amended by Acts 1991, 72nd Leg., ch. 295, 9 10, eff. June 7,1991.
961.013. Declaratory Judgment Suits
(a) A littoral owner whose rights are determined or affected by this subchapter may bring suit for a
declaratory judgment against the state to try the issue or issues.
(b) Service of citation on the state shall be made by serving the citatiorl 011 the attorney general.
Acts 1977, 65th Leg., p. 2479, ch. 871, art. I, 9 1, eff. Sept. 1,1977.
!i 61.020. Prima Facie Evidence
In a suit brought or defended under this subchapter or whose determination is affected by this
subchapter, a showing that the area in question is located in the area from mean low tide to the line of
vegetation is prima facie evidence that:
(1) the title of the littoral owner does not include the right to prevent the public from using the area
for ingress and egress to the sea; and
(2) there is imposed on the area a common law right or easement in favor of the public for ingress
and egress to the sea.
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Acts 1977, 65th Leg., p. 2479, ch. 871, art. I, 9 1, eff. Sept. 1, 1977.
Amended by Acts 1991, 72nd Leg., ch. 295, 911, eff. June 7,1991.
!i 61.021. Area Not Covered by Subchapter
(a) None of the proVIsions ot this sUochapter apply to beaches on Islands or peninsulas that are
not accessible by a public road or ferry facility for as long as the condition exists.
(b) A local government or local official may not adopt, apply, or enforce a beach access and use
plan or any other provision of this subchapter within a state or national park area, wildlife refuge, or other
designated state or national natural area.
Acts 1977, 65th Leg., p. 2480, ch. 871, art. I, 9 1, eff. Sept. 1, 1977.
Amended by Acts 1991, 72nd Leg., ch. 295, 914, eff. June 7,1991.
!i 61.0211, State or National Park Covered by Subchapter
This subchapter applies to any island or peninsuia that is a state or national park or wildlife
management area regardless of whether the Island or peninsula is accessible by public road or ferry
facility.
Added by Acts 1991, 72nd Leg., ch. 295, 9 12, eff. June 7,1991.
!i 61.022. Government Agencies and Subdivisions
(a) The provisions of this subchapter do not prevent any agency, department, institution,
subdivision, or instrumentality of this state or of the federal government from erecting or maintaining any
groin, seawall, barrier, pass, channel, jetty, or other structure as an aid to navigation, protection of the
shore, fishing, safety, or other lawful purpose authorized by the constitution or laws of this state or the
United States.
(b) No local government may regulate vehicular traffic so as to prohibit ve.hicles from an area of
public beach or impose or increase public beach access, parking, or use fees in any manner inconsistent
with the policies of Section 61.011 of this code or the rules promulgated thereunder.
(c) A local government proposing to adopt or amend such vehicular traffic regulations, except
those for public safety, or fees shall submit a plan detailing the proposed action to the attorney general
and the commissioner for review. The commissioner shall certify whether the proposed action is
consistent or inconsistent with such policies and rules. Certifications of consistency shall be by adoption
into the rules promulgated under Section 61.011 of this code.
(d) Subsections (b) and (c) of this section take effect only on adoption of final rules by the
commissioner under Section 61.011 of this code. Subsections (b) and (c) of this section do not apply to
any existing local government traffic regulation or beach access, parking, or use fee adopted or enacted
before the effective date of Subsections (b) and (c) of this section, and the former law is continued in
effect for the purpose of the existing regulations and fees, until the regulations or fees are amended or
changed in whole or in part.
(e) State-owned or public land not specifically exempted by this chapter shall be subject to the
same requirements of this chapter as land owned by private littoral owners except as provided by
Sections 31.161 through 31.167 of this code.
Acts 1977, 65th Leg., p. 2480, ch. 871, art. I, 9 1, eff. Sept. 1, 1977.
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Amended by Acts 1991, 72nd Leg., ch 295,913, eff. June 7,1991.
9 61.023. Effect on Land Titles and Property Adjacent to and on Beaches
The provisions of this subchapter shall not be construed as affecting in any way the title of the
owners of land adjacent to any state-owned beach bordering on the seaward shore of the Gulf of Mexico
or to the continuation of fences for the retention of livestOCK across sections of beach which are not
accessible to motor vehicle traffic by public road or by beach.
Acts 1977, 65th Leg., p. 2480, ch. 871, art. 1,91, eff. Sept. 1, 1977.
!i 61.024. Effect of Subchapter on Definition of Public Beach
None of the provisions of this subchapter shall reduce, limit, construct, or vitiate the definition of
public beaches which has been defined from time immemorial in law and custom.
Acts 1977, 65th Leg., p. 2480, ch. 871, art. I, 91, eff. Sept. 1, 1977.
9 61.025. Disclosure to Purchaser of Property
(a) A person who sells or conveys an Interest. other than a minerai, leasehold, or security
interest, in real property located seaward of the Gulf Intracoastal Waterway to its southernmost point and
then seaward of the longitudinal line also known as 97 degrees, 12', 19" which runs southerly to the
international boundary from the intersection of the centerline of the Gulf Intracoastal Waterway and the
Brownsville Ship Channel must include in any executory Gontract for conveyance the following statement:
The real property described in this contract is located seaward of the Gulf Intracoastal Waterway
to its southernmost point and then seaward of the longitudinal line also known as 97 degrees, 12', 19"
which runs southerly to the international boundary from the intersection of the centerline of the Gulf
Intracoastal Waterway and the Brownsvilie Ship Channel. If the property is in close proximity to a beach
fronting the Gulf of Mexico, the purchaser is hereby advised that the public has acquired a right of use or
easement to or over the area of any public beach by prescription, dedication, or presumption, or has
retained a right by virtue of continuous right in tr,e public since time immemorial, as recognized in law and
custom.
The extreme seaward boundary of natural vegetation that spreads continuousiy inland
customarily marks the landward boundary of the public easement. If there is no clearly marked natural
vegetation line, the landward boundary of the easement is as provided by Sections 61.016 and 61.017,
Natural Resources Code.
State law prohibits any obstruction, barrier, restraint, or interference with the use of the public
easement, including the placement of structures seaward of the landward boundary of the easement.
STRUCTURES ERECTED SEAWARD OF THE VEGETATION LINE (OR OTHER APPLICABLE
EASEMENT BOUNDARY) OR THAT BECOME SEAWARD OF THE VEGETATION LINE AS A RESULT
OF NATURAL PROCESSES SUCH AS SHORELINE EROSION ARE SUBJECT TO A LAWSUIT BY
THE STATE OF TEXAS TO REMOVE THE STRUCTURES.
The purchaser is hereby notified that the purchaser should:
(1) determine the rate of shoreline erosion In the Vicinity of the real property; and
(2) seek the advice of an attorney or other qualified person before executing this contract or
instrument of conveyance as to the relevance of these statutes and facts to the vaiue of the property the
purchaser is hereby purchasing or contracting to purchase.
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(b) If there IS no executory contract for conveyance, the statement must be delivered to, and
receipt thereof acknowledged by, the purchaser prior to closing the transaction.
(c) Failure to include the statement in an executory contract for conveyance shall be grounds for
the purchaser to terminate such contract, and upon termination any earnest money shall be returned to
the party making the deposit.
(d) Failure to provide this statement prior to clOSing, either In the executory contract for
conveyance or in a separate wrrtten statement, shall constitute a deceptive act under Section 17.46,
Business & Commerce Code.
(e) This section, or the failure of a person to give or receive the notice required by this section,
does not diminish or modify the beach access and use rights of the public acquired through statute or
under common law.
Added by Acts 1985, 69th Leg., ch. 350, 9 1, eff. Aug. 26,1985. Amended by Acts 1987, 70th Leg., ch.
75,91, eff. Aug. 31, 1987; Acts 1999, 76th Leg., ch. 508, 9 10, eff. Sept. 1, 1999.
~ 61.026. Beach Access Public Awareness and Education
(al The land office in conjunction with the Texas Department of Transportation shall design and
produce a uniform bilingual beach access sign to be used by local governments to designate access
ways to and from public beaches.
(b) The land office or the attorney general's office may develop and distribute public information
about the requirements of this chapter, the importance of natural beach and dune systems, and the
necessity for preserving them. Such information may include public service announcements made under
the direction of the land office.
(c) The Texas A&M University Sea Grant Program shall make available to public schools
materials for natural science classes which explain the importance of natural beach and dune systems
and the necessity of preserving them.
Added by Acts 1991, 72nd Leg., ch. 295, 915, eff. June 7,1991. Amended by Acts 1995, 74th Leg., ch.
165,922(54), eff Sept. 1. 1995.
SUBCHAPTER C. MAINTENANCE OF THE PUBLIC BEACHES
~ 61.061. Purpose
It is the purpose of this subchapter to allocate responsibility for cleaning the beaches of this state
and to preserve and protect local initiative in the maintenance and administration of beaches.
Acts 1977, 65th Leg., p. 2480, ch. 871, art. I, 9 1, eff. sept. 1,1977.
~ 61.062. Public Policy
It is the public policy of this state that the public, individually and collectively, shall have the free
and unrestricted right of ingress and egress to and from the state-owned beaches bordering on the
seaward shore of the Gulf of Mexico if the public has acquired a right of use or easement to or over the
area by prescription, dedication, or continuous use. This creates a responsibility for the state, in its
position as trustee for the public to assist local governments in the cleaning of beach areas which are
subject to the access rights of the public as defined in Subchapter B of this chapter.
Acts 1977, 65th Leg., p. 2480, ch. 871, art. I, 9 1, eff. Sept. 1, 1977.
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9 61.063. Definitions
In this subchapter:
(1) "Clean and maintain" means the collection and removal of litter and debris and the supervision
and elimination of sanitary and safety conditions that would oose a threat to personal health or safety if
nor removed or otherwise corrected and Includes the emoloyment of lifeguards. beach oatrols, and litter
patrols.
(2) "Land office" means the General Land Office.
Acts 1977, 65th Leg., p. 2480, ch. 871, art. I, 91, eff. Sept. 1, 1977.
Amended by Acts 1991, 72nd Leg., ch. 114,91, eff. Sept. 1, 1991.
~ 61.064. Application of Subchapter
This subchapter applies to incorporated cities, towns, and villages that are located or border on
the Gulf of Mexico and to all counties that are located or border on the Gulf of Mexico if the city, town, or
village or county that makes application for funds under this subchapter has within its boundaries public
beaches
Acts 1977, 65th Leg., p. 2481, ch. 871, art. I, 91, eff. Sept. 1, 1977.
Amended by Acts 1979, 66th Leg., p. 366, ch. 163,91, eff. Aug. 27,1979.
~ 61,065. Duty of Cities
(a) It is the duty and responsibility of the governing body of any incorporated city, town, or village
located or bordering on the Gulf of Mexico to clean and maintain the condition of all public beaches within
the corporate boundaries.
(h) The duty to clean and maintain the condition of public beaches does not extend to any public
beach within the corporate boundaries that is owned by the county in which it is located.
!\cts 1977, 65th Leg., p. 2481, ch. 871, art. 1,91, elf. Sept. 1, 1977.
~ 61.1)66, Duty of County
It is the duty and responsibility of the commissioners court of any county located or bordering on
the Gulf of Mexico to clean and maintain the condition of all public beaches located inside the county but
outside the boundaries of any incorporated city located or bordering on the Gulf of Mexico and all public
beaches owned by the county and located inside the boundaries of an incorporated city, town, or village.
Acts 1977, 65th Leg., p. 2481, ch. 871, art. I, 91, eff. Sept. 1, 1977.
S 61.067. Duty of State
(a) It is the duty and responsibility of the state to clean and maintain the condition of all public
beaches located within state parks designated by the department.
(b) The land office shall consult with the department in adopting rules and procedures for cleaning
beaches in state parks and areas adjacent to state parks.
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(c) The land office shall expand the Adopt-A-Beach program to the greatest extent feasible to
enhance the performance of its duties under this subchapter.
(d) The land office may use any cash, gifts, grants, donations, or in-kind contributions that it
receives from a public or private entity through the administration of the Adopt-A-Beach program to assist
a municipality, a county, or the department in performing any duty imposed on the city, county, or
department by this subchapter.
(e) The land office may adopt rules reasonably necessary to perform its duties under this
subchapter.
Acts 1977, 65th Leg., p. 2481, ch. 871, art. I, 9 1, eff. Sept. 1,1977.
Amended by Acts 1991, 72nd Leg., ch. 114,92, eff. Sept. 1, 1991; Acts 1991, 72nd Leg., 1st C.S., ch. 3,
97.01, eff. Sept. 1, 1991.
!i 61.068. Application Requirement
A city or county that seeks state funds under this subchapter to clean the public beaches must
submit an application to the land office.
Acts 1977, 65th Leg., p. 2481, ch. 871, art. 1,91, eff Sept. 1,1977.
Amended by Acts 1991, 72nd Leg., ch 114,93, eff. Sept. 1, 1991.
!i 61.069. Contents of Application
To be approved, the application must provide:
(1) for the administration or supervision of the public beaches of the city or county by a beach
park board of trustees, county parks board, commissioners court, or other administrative body that the
legislature may from time to time authorize, and provide that the board or agency will have adequate
authority to administer an effective program of keeping clean the public beaches within its jurisdiction;
(2) for the receipt by the city or county treasurer or other officer exercising similar functions, if
there is no city or county treasurer, of ail funds paid to the city or county under thiS subchapter and
provide for the proper safeguarding of the funds by the officer, provide that the funds will be spent solely
for the purposes for which they are paid, and provide for the repayment by the city or county of any funds
lost or diverted from the purposes for which paid;
(3) that the governing body of the city or county will make reports as to .amounts and categories of
expenditures that the land office may from time to time require;
(4) that entrance to ail public beaches under the jurisdiction of the governing body of the city or
county is free of charge; and
(5) for the establishment, maintenance, and administration of at least one beach park by the city
or county which meets the minimum requirements of size and facilities available to the public as
determined by the land office.
Acts 1977, 65th Leg., p. 2481, ch. 871, art. 1,91, eff. Sept. 1, 1977.
Amended by Acts 1991, 72nd Leg., ch. 114,94, eff. Sept. 1, 1991.
!i 61.070. Parking and Use Fees
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Subsection (4), Section 61.069 of this code shall not be construed to prohibit the assessment of a
reasonable fee for off-beach parking or for the use of facilities provided for the use and convenience of
the public.
Acts 1977, 65th Leg., p. 2482, ch. 871, art. I, 91, eff. Seot. 1. 1977.
9 61.071. Compliance Before Approval
The land office shall not approve any application that fails to meet the conditions specified in
Section 61.069 of this code.
Acts 1977, 65th Leg., p. 2482, ch. 871, art. 1,91, eff. Sept. 1, 1977.
Amended by Acts 1991, 72nd Leg., ch. 114,95, eff Sept. 1, 1991.
~ 61.072. State Funds
The land office shall pay to each city or county that has an application approved under Sections
61.068 through 61.070 of this code from appropriations that are made available the state share for
cleaning and maintenance of public beaches.
Acts 1977, 65th Leg., p. 2482, ch 871, art. I, S 1, elf. Sept. 1, 1977.
Amended by Acts 1991, 72nd Leg., ch. 114,96, eff. Sept. 1, 1991.
~ 61,073. Conditions for Payments
No payments shall be made under this subchapter until the land office finds that:
(1) there will be available in the budget of the city or county not less than $20,000 to clean and
maintain public beaches within its jurisdiction for the state fiscal year for which reimbursement is sought;
and
(2) there will be available in the budget of the City or county for the purpose of cleaning and
maintaining the public beaches w:thin its jurisdiction for the state fiscal year for whic~l reimbursement is
sought an amount not less than the total amount spent by the city or county to clean the beaches in the
state fiscal year ending August 31, 1969.
Acts 1977, 65th Leg., p. 2482, ch. 871, art.!, 91, eff. Sept. 1, 1977.
Amended by Acts 1991, 72nd Leg., ch 114,97, elf. Sept. 1, 1991.
~ 61.074. Submission of Proposed Expenditures
A city or county that seeks reimbursement under the provisions of this subchapter shall submit to
the land office proposed expenditures for cleaning and maintaining the public beaches.
Acts 1977, 65th Leg., p. 2482, ch. 871, art. I, ~ 1, elf. Sept. 1, 1977.
Amended by Acts 1991, 72nd Leg., ch 114,98, eff. Sept 1, 1991
~ 61.075. Fair Distribution of Funds
The land office shall distribute the state share to the cities and counties in a fair and impartial
manner and under procedures and accounting methods to be adopted by the land office.
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Acts 1977, 65th Leg., p. 2482, ch. 871, art. I, 9 1, eff Sept. 1, 1977.
Amended by Acts 1991, 72nd Leg., ch. 114,99, eff. Sept. 1, 1991.
961.076, Limitation on State Share
\a) No city or county may receive as Its state snare an amount that IS greater than two-thirds of
the amount the city or county spends for the purpose of cleaning and maintaining public beaches within
its jurisdiction during the state fiscal year for which reimbursement is sought.
(b) The land office shall allocate the state share to eligible cities and counties taking into account
the frequency with which public beaches within the jurisdiction of the cities and counties are used.
(c) For purposes of determining the maximum amount of money a municipality may receive under
Subsection (a), money received under Section 156.2511, Tax Code:
(1) is not included in determining the amount the municipality spends to clean and maintain public
beaches during the state fiscal year for which reimbursement is sought: and
(2) is included as part of the state share.
Acts 1977, 65th Leg., p. 2482, ch. 871, art. I, 9 1, eff. Sept 1, 1977.
Amended by Acts 1991, 72nd Leg., ch. 114, 9 10, eff. Sept. 1, 1991: Acts 1995, 74th Leg., ch. 454, 9 9,
eff. Sept. 1, 1995.
Ii 61.077. Funds for Administrative Purposes and Emergencies
(a) The land office may use for administrative purposes not more than 10 percent of the
appropriated funds for any state fiscal year.
(b) The land office may withhold a portion of the appropriated funds to maintain a reserve
emergency fund to be used for cleaning beaches in the event of a catastrophe, such as an oil spill, an
influx of seaweed, or other major interference with public recreational use of public beaches.
Acts 1977, 65th Leg., p. 2483, ch. 871, art. I, 9 1, eff. Sept 1, 1977.
Amended by Acts 1991, 72nd Leg., ch. 114,911, eff. Sept. 1, 1991.
961.078. Authority to Spend County Funds
The commissioners court of any county located or bordering on the Gulf of Mexico may spend
from any available fund the amount it considers necessary to carry out the responsibilities provided in this
subchapter.
Acts 1977, 65th Leg, p. 2483, ch. 871, art. I, 9 1, eff. Sept. 1, 1977.
Ii 61.079. Notice of Ineligibility
After reasonable notice and opportunity for a hearing to a city or county that is receiving funds
under the provisions of this subchapter, if the land office finds that the city or county no longer complies
with the requirements of this subchapter, it shall notify the city or county that further payments will not be
made until the land office is satisfied that there is no longer any failure to comply.
Acts 1977, 65th Leg., p. 2483, ch. 871, art. 1,9 1, eff. Sept. 1, 1977.
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Amended by Acts 1991, 72nd Leg., ch. 114,912, eff. Sept. 1, 1991.
9 61.080. Public Beaches in Ineligible City
(a) The governing body of any incorporated city located or bordering on the Gulf of Mexico that is
not entitled to receive funds under this subchapter may contract with the commissioners court of the
county In which t~e city IS located to allow the county to clean the beacnes Within the corporate limits of
the city.
(b) The City may apply to the land office for rebates of 40 percent of the contract price, and the
city is not required to meet the terms and conditions imposed in Section 61.069 of this code unless
otherwise provided by law.
(c) The land office shall make the rebates at the close of each fiscal year on a showing by the city
that entrance to all public beaches under the jurisdiction of the city is free of charge.
(d) This section shall not be construed to prohibit the assessment of a reasonable fee for
off-beach parking or the use of facilities provided for the use and convenience of the public.
Acts 1977, 65th Leg., p. 2483, ch. 871, art. 1,91, eff. Sept. 1, 1977.
Amended by Acts 1991, 72nd Leg., ch. 114,913, eff. Sept. 1, 1991.
!i 61.081. Public Beaches in Ineligible County
(a) The commissioners court of a county that is not entitled to receive funds under this sub<::hapter
may contract with the commissioners court of any adjacent county that is entitled to receive funds under
this subchapter to allow the adjacent county to clean the public beaches of the ineligible county.
(b) The contracting county that is not entitled to receive funds under this subchapter may apply to
the land office for rebates of 40 percent of the contract price, but the ineligible county is not required to
meet the terms and conditions imposed in Section 61.069 of this code.
(c) The land office shall make the rebates at the close of each state fiscal yea,. on a showing by
the ineligible county that entrance to all public beaches under the jurisdiction of the county is free of
charge.
(d) This section shall not be construed to prohibit the assessment of a reasonable fee for
off-beach parking or for the use of facilities provided for the use and convenience of the public.
Acts 1977, 65th Leg., p. 2483, ch. 871, art. I, 9 1, eff. Sept. 1, 1977.
Amended by Acts 1991, 72nd Leg., ch. 114,914, eff. Sept. 1, 1991.
~ 61.082. Authority of Local Governments
(a) The provisions of this subchapter shall not be construed to interfere with local initiative and
responsibility in the cleaning, maintenance, and supervision of public beaches.
(b) The administration of public beaches, the selection of personnel, and the determination of the
best uses of the funds insofar as is consistent with the purposes of this subchapter are reserved to the
several political subdivisions receiving funds under this subchapter.
Acts 1977, 65th Leg., p. 2484, ch. 871, art. I, 9 1, eff. Sept. 1, 1977.
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9 61.083. Exemptions From Subchapter
None of the provisions of this subchapter apply to any beach area that does not border on the
Gulf of Mexico or to any island or peninsula that is not accessible by a public road or common carrier ferry
facility as long as that condition exists.
Acts 1977, 65th Leg, p. 2484, ch. 871, art. I,!j 1, eff Sept. 1, 1977.
SUBCHAPTER D. COUNTY REGULATION OF PUBLIC USE OF BEACHES
~ 61.121. Definition
In this subchapter, "beach" shall have the same definition as provided in Section 61.012 of this
code.
Acts 1977, 65th Leg., p. 2484, ch. 871, art. I, 9 1, eff. Sept. 1, 1977.
~ 61.122. County Regulatory Authority
(a) The commissioners court of a county bordering on the Gulf of Mexico or its tidewater limits, by
order. may regulate motor vehicle traffic on any beach Within the boundaries of the county, including
prohibiting motor vehicle traffic on any natural or man-made sand dune or other form of shoreline
protection, and may prohibit the littering of the beach and may define the term "littering."
(b) The commissioners court of a county bordering the Gulf of Mexico or its tidewaters, by order,
may regulate the possession of animals on the beach within its boundaries, including but not limited to
prohibiting animals to run at large on said beach.
(c) The commissioners court of a county bordering the Gulf of Mexico or its tidewaters, by order,
may regulate swimming in passes leading to and from the Gulf of Mexico, located within its boundaries,
including but not limited to prohibiting swimming in said passes and posting signs notifying persons of
such regulation or prohibition.
(d) The commissioners court of a county bordering on the Gulf of Mexico or its tidewater limits, by
order, may prohibit the use and possession of all glass containers and products on a beach in the
unincorporated area of the county. The commissioners court shall not prohibit anyone or several glass
products to the exclusion of any others.
(e) Regulation under Subsection (a) of this section that prohibits vehicles from an area of public
beach is subject to Section 61.022 of this code.
Acts 1977, 65th Leg., p. 2484, ch. 871, art. 1,91, eff. Sept. 1, 1977.
Amended by Acts 1979, 66th Leg., p. 775, ch. 341, 9 1, eff. Aug. 27, 1979; Acts 1991, 72nd Leg., ch.
295, 9 16, eff. June 7, 1991.
Amended by Acts 2001, 77th Leg., p. 2955, eff. immediately.
Amended by Acts 2001, 77th Leg., p. 2595, eff. Sept. 1,2001.
~ 61,123. Notice of Hearing
(a) Before the commissioners court adopts an order under Section 61.122 of this code, it must
publish notice of the intention to adopt the order in at least one newspaper with general circulation in the
county.
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(b) The notice shall state the time and place of the public hearing on the proposed order and that
interested persons may obtain copies of the proposed order from the commissioners court.
Acts 1977, 65th Leg., p. 2484, ch. 871, art. I, 9 1, eff. Sept. 1, 1977.
9 61.124. Copies of Order
The commissioners court shall make copies of the proposed order available to interested
persons.
Acts 1977, 65th Leg., p. 2484, ch. 871, art. 1,91, eff Sept. 1, 1977.
961,125. Public Hearing
(a) Not less than one month but more than two weeks after notice is published, the
commissioners court shall conduct a hearing at the time and place stated in the notice.
(b) At the hearing, the commissioners shal! allow ail interested persons to express their views on
the proposed order.
Acts 1977, 65th Leg., p. 2484. ch 871, art. I .~ 1 eft. Sept. 1. 1977
i 61.126. Traffic Regulations
If the order includes a traffic regulation, the order shall provide for signs that are designed and
posted in compliance with the current provisions of the rexas Manual on Traffic Control Devices for
Streets and Highways, stating the applicable speed limit, parking requirement, or that vehicles are
prohibited.
Acts 1977, 65th Leg., p. 2485, ch. 871, art. I, 91, eff. Sept. 1, 1977.
961.127. Criminal Penalties
In any order adopted under this subchapter, the commiSSioners court may adopt the following
criminal penalties for violation of the order'
(1) for a first conviction, a fine of not less than $50; nor more than $100;
(2) for a second conviction, a fine of not less than $100 nor more than $200;
(3) for any subsequent convictions after the second conviction, a fine of not less than $200 nor
more than $1,000 or confinement in the county jail for not more than 60 days, or both.
Acts 1977, 65th Leg., p. 2485, ch. 871, art. 1,91, eff Sept. 1,1977.
Amended by Acts 1985, 69th Leg., ch. 585,!? 3, eff Sept. 1, 1985.
961.128. Order Prevails Over State Law
If an order adopted under this subchapter conflicts with the general law of the state, the order
shall control over the state law, and in cases of violation, prosecution may be maintained only under the
order.
Acts 1977, 65th Leg., p. 2485, ch. 871, art. I, 9 1, eff Sept. 1, 1977.
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Ii 61.129. Ordinance Prevails Over Order and State Law
(a) Except as provided in Section 61.022 of this code, this subchapter does not limit the power of
an incorporated city, town, or village bordering on the Gulf of Mexico or any adjacent body of water to
regulate motor vehicle traffic and prohibit littering on any beach within its corporate limits.
(b) If these regulatory ordinances are adopted by a City, town, or village and the ordinance
conflicts with the general law of the state or with an order of the commissioners court adopted under this
subchapter, and the ordinance is consistent with policies and rules under Section 61.011 of this code, the
ordinance shall control over the state law and the order, and In cases of violation, prosecution may be
maintained only under the ordinance.
Acts 1977, 65th Leg., p. 2485, ch. 871, art. 1,91, eff. Sept. 1, 1977.
Amended by Acts 1991, 72nd Leg., ch. 295, 9 17, eff. June 7,1991.
Ii 61.130. Rights of the Public
The right of the public to use the public beaches defined in this subchapter is inviolate and is
subject only to orders adopted by a commissioners court under this subchapter and to ordinances
enacted by an incorporated City, town, or village.
Acts 1977, 65th Leg., p. 2485, ch. 871, art. I, 9 1, eff. Sept. 1, 1977.
Ii 61.131. Effect of Subchapter on Definition of Public Beach
None of the provisions of this subchapter shall reduce, limit, construot, or vitiate the definition of
public beaohes which has been defined from time Immemorial in law and custom.
Acts 1977, 65th Leg., p. 2485, ch. 871, art. 1,91, eff. Sept. 1,1977.
SUBCHAPTER E. LICENSES FOR BUSINESS ESTABLISHMENTS
Ii 61.161, Public Policy
It is the public policy of this state that the state-owned beaches bordering on the seaward shore
of the Gulf of Mexico, and any larger area extending from the line of mean low tide to the line of
vegetation bordering on the Gulf of Mexico, if the public has acquired a right of use or easement to or
over the area by the prescription or dedication or has retained a right by virtue of continuous right in the
public, shall be used primarily for recreational purposes, and any use which substantially interferes with
the enjoyment of the beach area by the public shall constitute an offense against the public policy of the
state. Nothing in this subchapter prevents any agency, department, political subdivision, or municipal
corporation of this state from exercising its lawful authority under any law of this state to regulate safety
conditions on any beach area subject to public use.
Acts 1977, 65th Leg., p. 2485, ch. 871, art. I, 9 1, eff. Sept. 1, 1977.
Ii 61.162. Findings
(a) The legislature finds that the operation and maintenance of business establishments at fixed
or permanent locations on the public beaches of this state bordering on the seaward shore of the Gulf of
Mexico constitute a potential public health hazard and a substantial interference with the free and
unrestricted rights of ingress and egress of the public, both individually and collectively, to and from the
state-owned beaches bordering on the seaward shore of the Gulf of Mexico or any larger area extending
from the line of mean low tide to the line of vegetation bordering on the Gulf of Mexico if the public has
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acqUired a right of use or easement to or over the area by prescription, dedication, or has retained a right
by virtue of continuous right in the public
(b) The legislature finds that a reasonable number of mobile business establishments which
traverse the public beach while doing business are beneficial to the public interest and do not interfere
with the free and unrestricted rights of ingress and egress of the public as provided in this subchapter.
Acts 1977, 65th Leg., p. 2486, ch. 871, art. I, S 1, eff. Sept. 1, 1977
!i 61.163. Definition
In this subchapter, "business establishment" means any structure or vehicle where any
commodity including memberships in any private club or other similar organization is offered to the public
for sale or lease but does not include any structure or vehicle where only services are offered to the
public for sale.
Acts 1977, 65th Leg., p. 2486, ch. 871, art. I, 9 1, eff. Sept. 1, 1977.
!i 61.164. Application
A person who desires to operate a mobile business establishment on a public beach located
outside the municipal limits of an incnrporated city shall submit a written application to the county of
jurisdiction.
Acts 1977, 65th Leg., p. 2486, ch. 871, art. 1,91, eff. Sept. 1, 1977.
Amended by Acts 1995, 74th Leg., ch. 399, 9 1, eff. Aug. 28,1995.
!i 61,165, Contents of Application
The application shall include:
(1) the name and street address of the applicant;
(2) the commodity to be soid or leased; and
(3) the limits of the territory within which tt,e mobile business establishment will operate.
Acts 1977, 65th Leg., p. 2486, ch. 871, art. I, 91, eff. Sept. 1,1977.
!i 61.166. Filing Fee
(a) The application shall be accompanied by a filing fee in an amount determined by the county.
(b) The filing fee may be used by the county to pay the expenses of carrying out the provisions of
this subchapter.
Acts 1977, 65th Leg., p. 2486, ch. 871, art. I, 9 1, eff. Sept. 1, 1977.
Amended by Acts 1985, 69th Leg., ch. 267, art. 2, 9 75, eff. Sept. 1, 1985; Acts 1993, 73rd Leg., ch. 679,
963, eff Sept. 1, 1993; Acts 1995, 74th Leg., ch. 399, 9 2, eff. Aug. 28,1995.
!i 61,167, Separate Applications
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Any applicant who plans to operate more than one mobile business establishment must file a
separate application accompanied by a separate filing fee for each mobile business establishment that he
seeks to have licensed.
Acts 1977, 65th Leg., p. 2486, ch. 871, art. I, 91, eff. Sept. 1, 1977.
961.168. Granting License
(a) On finding that the issuance of a license is consistent with recreational needs and the public
welfare, and that the mobile business establishment would not create a traffic or safety hazard, and on
compliance with this subchapter by the applicant, the county shall grant the license.
(b) The license shall be valid for a term selected by the county, not to exceed two years from the
day it is issued.
(c) If the license is not granted, the county shall return the filing fee to the applicant.
Acts 1977, 65th Leg., p. 2487, ch. 871, art. I, 9 1, eff. Sept. 1, 1977.
Amended by Acts 1985, 69th Leg., ch. 342, 9 1, eff. June 10,1985; Acts 1995, 74th Leg., ch. 399,93,
eff. Aug. 28. 1995.
!i 61.169. Applications Not to be Granted
The county shall not grant an application:
(1) for a business establishment located at a fixed or permanent location on a public beach; or
(2) that does not otherwise meet the terms and provisions of this subchapter.
Acts 1977, 65th Leg., p. 2487, ch. 871, art. I, 9 1, eff. Sept. 1, 1977.
Amended by Acts 1995, 74th Leg., ch. 399, 94, eff. Aug. 28, 1995.
961.170. License Prohibition Against Glass Containers
(a) Each license granted under this subchapter authorizing the sale of commodities on a public
beach shall include a prohibition against the sale of any commodity in a glass container.
(b) Any person selling a commodity in a glass container on a public beach outside the boundaries
of any incorporated city shall have his rights conferred by the license immediately terminated and revoked
as provided in Section 61.172 of this code.
Acts 1977, 65th Leg., p. 2487, ch. 871, art. 1,91, eff. Sept. 1, 1977.
!i 61.171. Assignment
No license issued under this subchapter may be assigned.
Acts 1977, 65th Leg., p. 2487, ch. 871, art. I, 9 1, eff. Sept. 1, 1977.
!i 61.172. Termination and Revocation of License
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(a) The failure or refusal of the licensee to comply with the terms and conditions of a license shall
operate as an immediate termination and revocation of all rights conferred in or claimed under the
license.
(b) The termination and revocation of the license is not effective until notice is delivered by mail to
the address of the licensee listed on the application for the license.
Acts 1977, 65th Leg., p. 2487, ch. 871, art. I, 9 1, eff. Sept. 1, 1977.
~ 61.173. Maximum Territorial Limits
(a) If territorial limitations are applied uniformly to all applicants seeking to operate mobile
business establishments in the territory, the county may establish maximum territorial limits over which
mobile business establishments may operate.
(b) A license to sell or lease only surfboards and related equipment may not be limited as to the
territory over which the mobile business establishment may operate.
Acts 1977, 65th Leg., p. 2487, ch. 871, art. I, 9 1, eff. Sept. 1, 1977.
Amended by Acts 1995, 74th Leg., ch. 399. 9 5, eff. Aug. 28. 1995.
~ 61.174. Additional Standards
In addition to other standards provided in this subchapter, it is the intention of the legislature that
the county exercise the authority delegated to it under this subchapter according to the foilowing
considerations:
(1) that the number of mobile business establishments licensed by the county should not
constitute a substantial interference with the free and unrestricted rights of ingress and egress of the
public provided !n this subchapter;
(2) that the number of licenses issued by the county under this subchapter are sufficient to ensure
free and unrestricted competition in selling or leasing of commodities to the public; and
(3) that no person should be allowed to operate any mobile business establishment on any public
beach in restraint of trade or competition by which the person controls all or substantially all the business
establishments on the public beach licensed by the county.
Acts 1977, 65th Leg., p. 2487, ch. 871, art. I, 91, eff. Sept. 1, 1977.
Amended by Acts 1995, 74th Leg., ch. 399, 9 6, eff. Aug. 28, 1995.
~ 61.175. Rules, Procedures, and Conditions
The county may establish additional rules, procedures, and conditions necessary or appropriate
to carry out the purposes of this subchapter.
Acts 1977, 65th Leg., p. 2488, ch. 871, art. 1,91, eff. Sept. 1, 1977.
Amended by Acts 1995, 74th Leg., ch. 399, 97, eff. Aug. 28, 1995.
~ 61,176. Areas Exempt From Subchapter
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This subchapter does not apply to a public beach that is within the boundaries of a state park
designated by the department or to a remote beach on any island or peninsula which is not accessible by
public road or common carrier ferry facility as long as that condition exists.
Acts 1977, 65th Leg., p. 2488, ch. 871, art. I, 91, eff. Sept. 1, 1977.
961.177. Penalty
A person, who for himself or on behalf of or under the direction of another person, operates any
business establishment, whether mobile or at a fixed or permanent location, on any public beach outside
the boundaries of any incorporated city without first obtaining a license to operate the business
establishment from the county shall be fined not less than $10 nor more than $200.
Acts 1977, 65th Leg., p. 2488, ch. 871, art. I, 91, eff. Sept. 1, 1977.
Amended by Acts 1995, 74th Leg., ch. 399, 9 8, eff. Aug. 28, 1995.
~ 61.178. Enforcement
At the request of a county, department game wardens will assist with enforcement of the
provisions of this Act, or permits issued hereunder. along With any other state or local law enforcement
entities with jUrisdiction over public beaches.
Added by Acts 1995, 74th Leg., ch. 399, 9 9, eff. Aug. 28,1995.
SUBCHAPTER F. REMOVAL OF SAND, MARL,GRAVEL, AND SHELL
~ 61.211. Findings
The legislature finds that the unregulated excavation, taking, removal, and carrying away of sand,
marl, gravel, and shell from islands and peninsulas bordering on the Gulf of Mexico and from the public
beaches of the state constitute a substantial interference with public enjoyment of Texas beaches and a
hazard to life and property.
Acts 1977, 65th Leg., p. 2488, ch. 871, art. I, 9 1, eff. Sept. 1. 1977.
961.212. Exemptions From Subchapter
(a) The provisions of this subchapter do not apply:
(1) to excavating, taking, removing, or carrying away sand, marl, gravel, or shell made for the
purpose of constructing improvements on real property if the improvements are constructed on the
property on which the excavating, taking, removing, or carrying away occurs;
(2) to any landowner who desires to shift sand, marl, gravel, or shell from one location to another
on land wholly owned by him; or
(3) to any agency of the federal or state government or any county, city, or other political
subdivision or any of their agents or officers acting in their official capacities.
(b) Any person who holds a lease that was issued by the state under Chapter 377, Acts of the
57th Legislature, Regular Session, 1961 (Article 5415e, Vernon's Texas Civil Statutes), before it was
repealed shall be treated as an owner of the land and shall be entitled to excavate, take, remove, and
carry away sand, marl, gravel, or shell for the purposes provided in Subsection (a) of this section without
obtaining a permit from the commissioners court.
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Acts 1977, 65th Leg., p. 2488, ch. 871, art. I, 9 1, eff. Sept. 1, 1977.
9 61.213. Application
Before a person excavates, takes, removes, or carries away sand, marl, gravel, or shell from land
located on an exposed island or peninsula bordering on the Gulf of Mexico or from land located within
1,500 feet of a mainland public beach that IS iocated outside the boundaries of an Incorporated city, town,
or village, he must submit a written application to the commissioners court of the county in which the
excavation, taking, removal, or carrying away is to take place.
Acts 1977, 65th Leg., p. 2489, ch. 871, art. I, 91 eff. Sept. 1, 1977.
Ii 61.214. Contents of Application
The application shall include:
(1) the name of the applicant;
(2) the location and dimensions of the proposed excavation;
(3) the property interest or contractual right that enables the appilcant to excavate, take, remove,
or carry away sand, marl, gravel, or shell; and
(4) certification by the county treasurer, or other official exercising similar authority if there is no
county treasurer, that the applicant has deposited a filing fee of $50.
Acts 1977, 65th Leg., p. 2489, ch. 871, art. I, 9 1, eff. Sept. 1, 1977.
Ii 61.215. Prerequisites to Issuance of Permit
No permit may be issued by the commissioners court under this subchapter to excavate, take,
remove, or carry away sand, marl, gravel. or shell from land owned by the state, public beach, or privately
owned land that is subject to this subchapter and that is not located on a public beach, unless the
applicant is the owner of the land on which the proposed excavating, taking, removing, or carrying away
is to take place or unless the applicant is acting with the knowledge and consent of the owner.
Acts 1977, 65th Leg., p. 2489. ch. 871. art. I, 9 1, eff. Sept. 1, 19'77.
Ii 61.216. Notice of Applications Received
(a) The commissioner~ court shall give public notice of all applications received for permits to
excavate, take, remove, or carry away sand, marl, gravel, or shell.
(b) The notice shall be published once in a newspaper of general circulation in the county.
(c) The notice shall include the name of the applicant and the location and dimensions of the
proposed activity.
Acts 1977, 65th Leg., p. 2489, ch. 871, art. I, 9 1, eff. Sept. 1, 1977.
Ii 61.217. Public Hearing
(a) The commissioners court shall hold a public hearing if the hearing is requested by any citizen
within 10 days after notice is published under Section 61.216 of this code.
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(b) The hearing may not be held less than 30 days from the date of the first publication of notice
under Section 61.218 of this code.
Acts 1977, 65th Leg., p. 2489, ch. 871, art. I, 91, eff. Sept. 1, 1977.
961.218. Notice of Public Hearing
Notice of the public hearing shall be published at least once a week for at least two weeks in a
newspaper of general circulation in the county.
Acts 1977, 65th Leg., p. 2489, ch. 871, art. 1,91, eff. Sept. 1, 1977.
Ii 61.219. Issuance of Permit
(a) On a finding that the proposed excavating, taking, removing, or carrying away would not
create hazardous conditions or imperil lives or property by exposing the island or peninsula or public
beach to the ravages of storm water, the commissioners court may issue a permit to the applicant, and it
shall be valid for six months from the date of its issuance.
(b) The decision to issue a permit shall be made with the advice and counsel of the county
engineer In counties in which the commissioners court employs a county engineer.
(c) None of the provisions of this subchapter prohibit a commissioners court from issuing a permit
to a person who holds a right-of-way easemerlt granted. by the commissioner for a pipeline to cross state
land, provided the applicant complies with the provisions of this subchapter relating to the issuance of
permits.
Acts 1977, 65th Leg., p. 2490, ch. 871, art. I, 3 1, eff. Sept. 1, 1977.
Ii 61,220. Return of Filing Fee
If the commissioners court refuses to issue the permit, the applicant may recover his filing fee
from the county treasurer or other official exercising similar authority if there is no county treasurer.
Acts 1977, 65th Leg., p. 2490, ch. 871, art. I. 9 1, eff. Sept. 1,1977.
Ii 61.221. Assignment of Permits
No permit may be assigned without the approval of the commissioners court.
Acts 1977, 65th Leg., p. 2490, ch. 871, art. I, 9 1, eff. Sept. 1, 1977.
Ii 61.222. Termination and Revocation of Permit
Failure or refusal of the permittee to comply with the terms and conditions of the permit operates
as an immediate termination and revocation of all rights conferred by or claimed under the permit.
Acts 1977, 65th Leg., p. 2490, ch. 871, art. I, 9 1, eff. Sept. 1, 1977.
Ii 61.223. Suits for Orders and Injunctions
The attorney general, any county attorney, district attorney, or criminal district attorney of the
state shall file in a district court in the county in which the conduct takes place, a suit seeking temporary
or permanent court orders or injunctions to prohibit any excavating, taking, removing, or carrying away of
any sand, marl, gravel, or shell from land located on an exposed island or peninsula bordering on the Gulf
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of Mexico or from land located within 1,500 feet of a public beach of this state if the land is located
outside the boundaries of an incorporated city, town, or village in violation of the provisions of this
subchapter.
Acts 1977, 65th Leg., p. 2490, ch. 871, art. I, 9 1, eff. Sept. 1, 1977.
9 61.224. Penalty
A person who for himself or on behalf of or under the direction of another person excavates,
takes, removes, or carries away sand, marl, gravel, or shell from land located on an exposed island or
peninsula bordering on the Gulf of Mexico or from land located within 1,500 feet of a public beach of this
state, if the land is located outside the boundaries of any incorporated city, town, or village, in violation of
the provisions of this subchapter shall be fined not less than $10 nor more than $200. Each day a
violation occurs constitutes a separate offense.
Acts 1977, 65th Leg., p. 2490, ch. 871, art. I, 9 1, eff. Sept. 1, 1977.
~ 61.225. Sand, Marl, Gravel, or Shell From Public Beaches Within Incorporated Cities, Towns, or
Villages
No incorporated city, town. or village having Within Its boundaries a public beach may authorize a
person to excavate, take, remove, or carry away any sand, marl, gravel, or shell from the public beach
except for the construction of a publicly owned and operated recreational facility or for the construction of
a shoreline protection structure.
Acts 1977, 65th l.eg., p. 2490, ch. 871, art. I, S 1, eff. Sept. 1, 1977.
~ 61.226. Application of Subchapter to Certain Islands and Peninsulas
The provisions of this subchapter do not apply to any island or peninsula that is not accessible by
a public road or common carrier ferry facility as long as that condition continues.
Acts 18TT, 65th Leg., p. 2491, ch. 871, art. I. 9 1, eff. Sept. 1, 1977.
961.227. Authority of Parks and Wildlife Department
None of the provisions of this subchapter may be construed to repeai or modify the provisions of
Chapter 86, Parks and Wildlife Code, which relate to the powers and duties of the Parks and Wildlife
Department over matters pertaining to the sale, taking, carrying away, or disturbing of sand, marl, gravel,
or sheli of commercial value and gravel, shells, mud shell, and oyster beds and their protection from free
use and unlawful disturbing or appropriation, nor may this subchapter be construed to create additional or
supplemental requirements or procedures to those provided in Chapter 86, Parks and Wildlife Code.
Acts 1977, 65th Leg., p. 2491, ch. 871, art. I, 9 1, eff. Sept. 1, 1977.
SUBCHAPTER G. PERMITS FOR MASS GATHERINGS
~ 61.251. Definition
In this subchapter, "mass gathering" means a gathering that attracts or is expected to attract
more than 200 individuals who will remain at the location of the gathering for more than two continuous
hours.
Added by Acts 2001, 77th Leg., p. 5214, eff. immediately.
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961,252. Permit Requirements
(a) To protect the public health, safety, and welfare, the commissioners court of a county
bordering on the Gulf of Mexico or its tidewater limits, by order, may regulate mass gatherings of
individuals on any beach in the unincorporated area of the county by requiring a person to obtain a
permit and pay a permit fee set by the commissioners court before the oerson may hold a mass
gathering
(b) A commissioners court that requires a permit under this subchapter must adopt procedures
governing the application for and issuance of a permit under this subchapter. The commissioners court
may require the holder of the permit to take reasonable specified actions to protect the public health,
safety, and welfare.
Added by Acts 2001, 77th Leg., p. 5214, eff. immediately.
!i 61.253. Injunction
The county is entitled to appropriate injunctive relief to prevent the violation or threatened
violation of an order adopted under this subchapter.
Added by Acts 2001, 77th Leg., p 5214, eff. immediately
!i 61.254, Criminal Penalty
A person commits an offense if the person violates an order adopted under this chapter. An
offense under this section is a Class B misdemeanor.
Added by Acts 2001, 77th Leg., p. 5214, eff. immediately.
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APPENDIX XIII
OPEN BEACHES ACT, V.T.C.A., NATURAL RESOURCES CODE 9 63.001 ET SEC.
(NOTE: This appendix reproduces a copy of Chapter 63, Texas Natural Resources Code, as effective on
September 1, 2001. It is provided for reference only. Any future amendments by the Texas Legislature
that are inconsistent with any elements of the City of Corpus Christi Dune Protection and Beach Access
Regulations supersede these regulations. Revised versions of Chapter 63 may be substituted without
further action by the City CounciL)
CHAPTER 63, DUNES
SUBCHAPTER A. GENERAL PROVISIONS
Ii 63.001. Findings of Fact
The legislature finds and declares:
(1) that the mainland gulf shoreline, barrier islands, and peninsulas of this state contain a
significant portion of the state's human, natural, and recreational resources;
(2) that these areas are and histOrically have been wholly or in part protected from the action of
the water of the Gulf of Mexico and storms on the Gulf by a system of vegetated and unvegetated sand
dunes that provide a protective barrier for adjacent land and inland water and land against tile action of
sand, wind, and water;
(3) that certain persons have from time to time modified or destroyed the effectiveness of the
protective barriers and caused environmental damage in the process of developing the shoreline for
various purposes;
(4) that the operation of recreational vehicles and other activities over these dunes have
destroyed the natural vegetation on them;
(5) that these practices constitute serious threats to the safety of adjacent properties, to public
highways, to the taxable basis of adjacent property and constitute a real danger to natural resources and
to the health, safety, and welfare of persons living, visiting, or sojourning in the area:
(6) that it is necessary to protect these dunes as provided in this chapter because stabilized,
vegetated dunes offer the best natural defense against storms and are areas of significant biological
diversity;
(7) that vegetated stabilized dunes help preserve state-owned beaches and shores by protecting
against erosion of the shoreline; and
(8) that different areas of the coast are characterized by dunes of various types and values, all of
which should be afforded protection.
Acts 1977, 65th Leg., p. 2499, ch. 871, art. I, 9 1, eff. Sept. 1, 1977.
Amended by Acts 1985, 69th Leg., ch 814,91, eff. Aug. 26,1985; Acts 1991, 72nd Leg., ch. 295, 9 18,
eff. June 7, 1991.
Ii 63.002. Definitions
In this chapter:
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(1) "Commissioner" means the Commissioner of the General Land Office.
water.
(2) "Barrier island" means an island bordering on the Gulf of Mexico and entirely surrounded by
(3) "Peninsula" means an arm of land bordering on the Gulf of Mexico surrounded on three sides
by water.
(4) "Recreational vehicle" means a dune buggy, marsh buggy, minibike, trail bike, jeep, or any
other mechanized vehicle that is being used for recreational purposes, but does not include any vehicle
not being used for recreational purposes.
(5) "Mainland shoreline" means all shoreline fronting on the open Gulf of Mexico that is not
located on a barrier island or a peninsula.
Acts 1977, 65th Leg., p. 2500, ch. 871, art. I, 9 1, eft. Sept. 1, 1977.
Amended by Acts 1985, 69th Leg., ch. 814, 92, eff. Aug. 26, 1985.
9 63.003. Effect of Chapter
The provisions of this chapter do not apply to any dune area not accessible by public road or
common carrier ferry facility for as long as that condition exists.
Acts 1977, 65th Leg., p. 2500, ch. 871, art. 1,91, elf. Sept 1, 1977.
Amended by Acts 1985, 69th Leg., ch. 814, 93, eff. Aug. 26,1985.
SUBCHAPTER B. DUNE PROTECTION LINE
9 63.011. Establishing Dune Protection Line
(a) After notice and hearing, the commissioners court oi each county that has within its
boundaries mainland shoreline, a barrier island, or a peninsula located on the seaward shore of the Gulf
of Mexico shall establish a dune protection line on any such shoreline, island, or peninsula within its
boundaries for the purpose of preserving sand dunes.
(b) A county may allow a municipality within the county to administer this chapter within its
corporate limits and extraterritorial jurisdiction. On delegation by a county, a municipality may adopt and
apply any appropriate ordinances within its extraterritorial jurisdiction to effect the purposes of this
chapter.
(c) Municipalities and counties may enter into interlocal cooperation contracts for the
administration of dune permit programs under The InterJocal Cooperation Act (Article 4413(32c), Vernon's
Texas Civil Statutes).
(d) The land office may assist and advise counties and municipalities in establishing or altering
dune protection lines.
Acts 1977, 65th Leg., p. 2500, ch. 871, art. I, 9 1, eff. Sept. 1, 1977.
Amended by Acts 1985, 69th Leg., ch. 814, 9 3, eff. Aug. 26, 1985; Acts 1991, 72nd Leg., ch. 295, 9 19,
eff. June 7, 1991.
9 63.012. Location of Dune Protection Line
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The dune protection line shall not be located further landward than a line drawn parallel to and
1,000 feet landward of the line of mean high tide of the Gulf of Mexico.
Acts 1977, 65th Leg., p. 2500, ch. 871, art. I, 9 1, eff. Sept. 1, 1977.
9 63.013. Notice
(a) Notice of a hearing to consider establishing the dune protection line shall be published at least
three times in the newspaper with the largest circulation In the county. The notice shall be published not
less than one week nor more than three weeks before the date of the hearing.
(b) Notice shall be given to the commissioner not less than one week nor more than three weeks
before the hearing.
Acts 1977, 65th Leg., p. 2501, ch. 871, art. I, 9 1, eff. Sept. 1, 1977.
963.014. Map and Description of Dune Protection Line
(a) The commissioners court or governing body of each municipality in establishing a dune
protection line shall define the line by presenting it on a map or drawing, by making a written description,
or by both. Each shall be designated approoriately and filed With the clerk of the county or municipality
establishing the line and with the commissioner.
(b) Notice of alterations in the dune protection line shall be filed with the clerk and with the
commissioner, and the appropriate changes shall be made on the map, drawing, or description.
Acts 1977, 65th Leg., p. 2501, ch. 871, art. I, 91, eff. Sept. 1, 1977.
Amended by Acts 1991, 72nd Leg., ch. 295, 9 20, eff. June 7,1991.
!i 63.015. Dune Protection Line Prohibited
No dune protection line may be established within a state or national park area, wildlife refuge, or
other designated state or national natural area; provided, however, any state-owned or other public land
not specifically exempted by this section shall be subject to the same requirements as private lands
except as provided in Sections 31.161 through 31.167 of this code.
Acts 1977, 65th Leg., p. 2501, ch. 871, art. I, 9 1, eff. Sept. 1, 1977.
Amended by Acts 1991, 72nd Leg., ch. 295, 9 21, eff. June 7,1991.
SUBCHAPTER C. PERMITS
!i 63.051. Permit Requirement
An owner of land or a person holding an interest in land under the owner who desires to perform
or allow any of the acts prohibited in Section 63.091 of this code must apply for a permit from the
appropriate commissioners court or municipal governing body.
Acts 1977, 65th Leg., p. 2501, ch. 871, art.. 1,91, eff. Sept. 1, 1977.
Amended by Acts 1991, 72nd Leg., ch. 295, 9 22, eff. June 7,1991.
!i 63.052. Permit Not Required
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No permit is required for the following activities:
(1) grazing livestock;
(2) production of oil and gas; and
(3) recreational activity other than the operation of a recreational vehicle.
Acts 1977, 65th Leg., p. 2501, ch. 871, art. I, 91, eff. Sept. 1, 1977.
Ii 63.053. Fees
(a) The commissioners court or governing body of the municipality may require a reasonable fee
to accompany the application.
(b) Any commissioners court or governing body of a municipality that has adopted a dune
protection line and is administering this chapter and that has a certified beach access plan as provided for
in Section 61.015 of this code is hereby authorized, subject to all requirements of Chapter 61 of this code,
to charge reasonable fees that do not exceed the cost for the provision and maintenance of public beach
related facilities and services necessary to implement such plans, inciuding but not limited to parking,
public health and safety, environmental protection and matters contained in the certified beach access
plans, and that do not unfairly limit access to and use of such beaches.
Acts 1977, 65th Leg., p. 2501, ch. 871, art. I, 91, eff. Sept. 1, 1977.
Amended by Acts 1991, 72nd Leg., ch. 295, S 23, eff. June 7,1991.
9 63.054. Review
(a) The commissioners court or governing body of the municipality shall evaluate the permit
application, and if the commissioners court or governing body of the municipality finds as a fact after full
investigation that the particular conduct proposed will not materially weaken the dune or materially
damage vegetation Orl the dune or reduce its effectiveness as a means of protection from the effects of
high wind and water, it may grant the permit.
(b) In determining whether or not to grant the permit, the commissioners court or governing body
of the municipality shall consider the height, width, and slope of the dune, any significant environmental
features of the dune, the feasibility and desirability of restoration of vegetation, and cumulative impacts
and shall consider requirements for protection of critical dune areas.
(o) Each county or municipality' administering this chapter shall establish procedures and
requirements governing the review and approval of dune permits, and these procedures and
requirements shall be submitted to the commissioner and attorney general for their comments.
Acts 1977, 65th Leg., p. 2501, ch. 871, art. 1,91, eff. Sept. 1, 1977.
Amended by Acts 1991, 72nd Leg., ch. 295, 924, eff. June 7,1991.
Ii 63.055. Terms and Conditions of Permit
The commissioners court or governing body of the municipality may include in a permit the terms
and conditions it finds necessary to assure the protection of life, natural resources, and property.
Acts 1977, 65th Leg., p. 2501, ch. 871, art. I, 9 1, eff. Sept. 1, 1977.
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Amended by Acts 1991, 72nd Leg., ch. 295, 9 25, eff June 7,1991.
9 63.056. Notice to and Comments of Commissioner on Permits
(a) After receiving an application for a permit to perform any of the acts prohibited in Section
63.091 of this code, the commissioners court or the governing body of the municipality shall notify the
commiSSioner by sending, not less than 10 working days before the PUblic hearing on the application,
notice of the hearing and a copy of the application.
(b) The commissioner may submit any written or oral comments regarding the effect of the
proposed activity on the dunes that protect state-owned land, shores, and submerged land.
Acts 1977, 65th Leg., p. 2502, ch. 871, art. 1,91, eff. Sept. 1, 1977.
Amended by Acts 1991, 72nd Leg., ch. 295, 9 26, eff. June 7, 1991.
!i 63.057. Permit for Certain Activity Prohibited
(a) No permit may be issued that allows the operation of a recreational vehicle on a sand dune
seaward of the dune protection line.
(b) No permit may be issued that allows any activity in a critical dune area inconsistent with rules
promulgated by the commissioner for protection of critical dune areas.
Acts 1977, 65th Leg., p. 2502, ch. 871, art. I, 9 1, eff. Sept. 1, 1977.
Amended by Acts 1991, 72nd Leg., ch. 295, 927, eff. June 7,1991.
SUBCHAPTER D. PROHIBITIONS
!i 63.091. Conduct Prohibited
Unless a permit is properly issued authorizing the conduct, no person may damage, destroy, or
remove a sand dune or portion of a sand dune seaward of a dune protection line or within a critical dune
area or kill, destroy, or remove in any manner any vegetation growing on a sand dune seaward of a dune
protection line or within a critical dune area.
Acts 1977, 65th Leg., p. 2502, ch. 871, art. 1,91, eff. Sept. 1, 1977.
Amended by Acts 1985, 69th Leg., ch. 814, 9 3, eff. Aug. 26, 1985; Acts 1991, 72nd Leg., ch. 295, 9 28,
eff. June 7, 1991.
!i 63.093. Prohibited Operation of Recreational Vehicles
No person may operate a recreational vehicle on a sand dune seaward of the dune protection line
in any county in which a dune protection line has been established.
Acts 1977, 65th Leg., p. 2502, ch. 871, art. 1,91, eff. Sept. 1, 1977.
SUBCHAPTER E. CRITICAL DUNE AREAS
!i 63.121. Identification of Critical Dune Areas
The commissioner, in his role as trustee of the public land of this state, shall identify the critical
dune areas within 1,000 feet of mean high tide that are essential to the protection of state-owned land,
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public beaches, and submerged land. The commissioner shall promulgate rules for the identification and
protection of critical dune areas.
Acts 1977, 65th Leg., p. 2503, ch. 871, art. I, 9 1, eff. Sept. 1, 1977.
Amended by Acts 1991, 72nd Leg., ch. 295, 9 30, eff. June 7.1991.
9 63.122. Notice to Counties
After the commissioner has identified the critical dune areas, notice of the critical dune areas and
the rules for their protection shall be given to the commissioners court of each county and the governing
body of each municipality in which one or more of these areas is located.
Acts 1977, 65th Leg., p. 2503, ch. 871, art. I, 9 1, eff. Sept. 1, 1977.
Amended by Acts 1991, 72nd Leg., ch. 295, S 30, eff. June 7,1991.
SUBCHAPTER F. APPEALS
!i 63.151. Appeal by Littoral Owner
A littoral owner aggrieved by a decision of the commissioners court or governing body of the
municipality under this chapter may appeal to a district court in that county.
Acts 19"17, 65th Leg., p. 2503, ch. 871, art. I, 9 1, eff. Sept. 1, 1977.
Amended by Acts 1991, 72nd Leg., ch. 295, 9 31, eff. June 7,1991.
!i 63.152. Appeal by Commissioner
The commissioner may appeal to a district court of that county any decision of the commissioners
court or governing body of the municipality that the commissioner determines to be a violation of this
chapter.
Acts 1977, 65th Leg., p. 2503, ch. 871, art. 1,91, eff. Sept. 1, 1977.
Amended by Acts 1991, 72nd Leg., ch. 295, 9 31, eff. June 7,1991
SUBCHAPTER G. PENALTIES
!i 63.181. Enforcement
(a) The attorney general, individually or at the request of the commissioner, or any county
attorney, district attomey, or criminal district attorney shall file in a district court of Travis County or in the
county in which the violation occurred a suit to obtain either a temporary or permanent court order or
injunction to prohibit and remedy any violation of this chapter or any rule, permit, or order under this
chapter and to collect damages to natural resources injured by the violation and to recover civil penalties.
(b) A person who violates this chapter or any rule, permit, or order under this chapter is liable for
a civil penalty of not less than $50 nor more than $1,000. Each day that a violation occurs or continues
constitutes a separate offense.
Acts 1977, 65th Leg" p. 2503, ch. 871, art, 1,91, eff. Sept. 1, 1977.
Amended by Acts 1991, 72nd Leg., ch. 295, 9 32, eff. June 7,1991.
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APPENDIX VII
DESIGNATED BEACH FEE AREAS
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APPENDIX XV
PACKERY CHANNEL DESIGN CONCEPT
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APPENDIX XVI
PACKERY CHANNEL PUBLIC & ENVIRONMENTAL FACILITIES
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ATTACHMENT K - 1
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CITY COUNCIL
AGENDA MEMORANDUM
City Council Meeting February 19, 2002
AGENDA ITEM:
An ordinance authorizing the City Manager, or his designee, to execute
amendment NO.2 to the lease between the Buccaneer Commission and
the City of Corpus Christi, authorized on January 18, 2000, by Ordinance
No. 023917, to adjust the amount payable for police services, add a late
payment fee and to clarify procedures for resolving disputed claims.
BACKGROUND: At the November 13, 2001 meeting of the City Council a
resolution was passed to decrease the cost of police reimbursement from 100%
to 50% for non-profit special events beginning January 1, 2002. Passage of the
resolution requires an amendment to the Buccaneer Commission contract. The
contract is further amended to clarify the process should any items billed to the
Commission be disputed.
REQUIRED COUNCIL ACTION: Amendments to a City ordinance requires City
Council authorization.
RECOMMENDATION: It is recommended that the City Council approve the
amendments.
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Marco A. Cisneros, Director
Park & Recreation Department
ADDITIONAL SUPPORT MATERIAL
Ordinance/Resolution X
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AN ORDINANCE
AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE
AMENDMENT NO.2 TO THE LEASE BETWEEN THE BUCCANEER COM-
MISSION AND THE CITY OF CORPUS CHRISTI, AUTHORIZED BY ORDI-
NANCE NO. 023917 ON JANUARY 18, 2000, TO ADJUST THE AMOUNT
PAYABLE FOR POLICE SERVICES, ADD A LATE PAYMENT FEE, AND
CLARIFY PROCEDURES FOR RESOLVING DISPUTED CLAIMS; PRO-
VIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS, THAT:
SECTION 1. The City Manager, or his designee, is authorized to execute Amendment
NO.2 to the lease between the Buccaneer Commission and the City of Corpus Christi,
authorized by Ordinance No. 023917 on January 18, 2000, to adjust the amount payable
for police services, add a late payment fee, and clarify procedures for resolving disputed
claims. A copy of Amendment NO.2 is attached to this ordinance as Exhibit A.
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 judg-
ment 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 in-
tent of the City Council that every section, paragraph, subdivision, phrase, word and
provision hereof shall be given full force and effect for its purpose.
SECTION 3. Publication of this ordinance 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,
Texas.
H:\lEG-DIRleliubeth\ELlZABETlEHordOI lOO\EHord 120 wpd
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That the foregoing ordinance was read for the first time and passed to its second read-
ing on this the day of , 2002, by the following vote:
Samuel L. Neal, Jr.
Rex A. Kinnison
Henry Garrett
John Longoria
Brent Chesney
Jesse Noyola
Javier D. Colmenero
Mark Scott
Bill Kelly
That the foregoing ordinance was read for the second time and passed finally on this
the day of , 2002, by the following vote:
Samuel L. Neal, Jr.
Rex A. Kinnison
Henry Garrett
John Longoria
Brent Chesney
Jesse Noyola
Javier D. Colmenero
Mark Scott
Bill Kelly
PASSED AND APPROVED on this the
day of
,2002.
ATTEST:
CITY OF CORPUS CHRISTI
By:
Armando Chapa, City Secretary
By:
Samuel L. Neal, Jr., Mayor
APPROVED AS TO LEGAL FORM this
If:[
day of
~'2002.
JAMES R. BRAY, JR., CITY ATTORNEY
H\LEG-D1R\dizabeth\fLlZABETlEHordO I IOO\EHord.120wpd
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EXHIBIT A
Amendment No.2 to the
Lease between the City of Corpus Christi
and the Buccaneer Days Commission
Section 1. The Lease is amended to revise Section 7 to read as follows;
Payment of City Costs. In consideration for the use of City property, the Commission
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 Policec, less anv amount(s) that the Commission has dis-
puted. An invoiced amount will be considered to be in dispute upon receipt, bv the Park
Director, of a written notice from the Commission. The written notice must detail the
basis for the disputed claim and must be received bv Director within twentv (20) calen-
dar davs of Commission's receipt of Citv's invoice. Resolution and pavment of anv
disputed amount(s) will be ooverned bv Section 27.
The Park Director will invoice the Commission for such costs within (",;,cnty (20) thirtv
(30) calendar days after the Event each year. Such invoice will provide an itemized
breakdown of the City charges for services rendered (set up and take down, event
clean-up, street sweeping and repair categories). Upon receipt of written request of the
Commission's Agent, the Park Director will furnish reasonable supporting documenta-
tion of such charges within ten (10) calendar days. If there is a hurricane or other storm
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 author-
ity to adjust the billing of City's Direct Costs.
A. Direct Costs. City's Direct Costs is assisting with the Event may include, but
not limited to:
1. Damages to City property as a result of the Event, which will be billed at the
cost of repair. Commission may repair damages.
2. Costs of labor contracted for clean up, or additional clean up required by the
Directors of relevant City departments, at applicable City rates for the year
billed, see Section 22 below. (The Commission 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 as-
signed. fer ycar 2000, Commissiem willl3ay 100% of City EGsts fer [VCFlt
scrvices and 75~~ of all r-olicc ovcFlime. for all subsequcnt ycars, Commis-
sion will be responsible for 100% of all non-police City Direct Costs, including
police ovcrtimc and 50% of police overtime.
4. Costs of additional directional signage, barricades, and cones are Commis-
sion's responsibility (see Sections 13 and 14) as well as any other services
requested by Commission's Agent and provided by City.
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City will provide an annual itemized bill of Direct Costs, if any, within 30 days after the
Event closes. The Commission will pay City's Direct Costs, if any, as billed within 30
days after City tenders the invoice to Commission, less anv amount(s) the Commission
has disputed in accordance with the procedure above.
Section 2. The Lease is amended to add Section 7.B. to read as follows:
B. Late Fee. Commission's failure to pav the undisputed charaes on Citv's invoice
within 30 davs after submittal to Commission shall result in a late pavment fee
beina assessed aaainst Commission. The late pavment fee shall be calculated
to be 5% of the amount due, as shown on Citv's invoice. less anv disputed
amounts, and said fee will be added to the net amount pavable to the Citv.
Section 3. The Lease is amended to revise Section 27 to read as follows:
Dispute Resolution. City and the Commission agree that any disputes which may
arise between them concerning this Lease, such as determining the amount of damage
to City property occurring as a result of the Event or reaardina an invoiced amount, will
be submitted for determination and resolution, first to the Park Director, with a right of
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 (10) days after the written decision of the City Manager has been
sent to the Commission. In the event of such appeal, the decision of the City Council
will be final. Upon a resolution of the dispute, either bv aareement of the parties or as
the result of an appeal. the disputed amount will be considered due and pavable to the
City within ten (10) calendar davs of the resolution. This Lease in no way waives the
Commission's rights to seek other legal remedies during the appeals process.
Section 4. All terms and conditions of the Lease not changed herein remain the same.
EXECUTED IN DUPLICATE, each of which shall be considered an original, on this
the day of , 2002.
ATTEST:
CITY OF CORPUS CHRISTI
Armando Chapa, City Secretary
David R. Garcia, City Manager, or
his designee
APPROVED AS TO LEGAL FORM on the
day of
,2002.
JAMES R. BRAY, JR., CITY ATTORNEY
By:
Elizabeth R. Hundley, Assistant City Attorney
H.\LEG-DlR\elizabelh\ELlZABET\PARK & REC\BuccAmendmI2Re,i~d. wpd
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BUCCANEER DAYS COMMISSION
By:
Name:
Title;
Date:
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AGENDA MEMORANDUM
RECOMMEDA TION: Motion authorizing the City Manager to enter into a three year lease
with IKON Office Solutions, Corpus Christi, TX, for copiers, in accordance with Request for
Proposal No. BI-0015-02, for an estimated three year expenditure of$662,616. Funds have been
budgeted by the Print Shop in FYO 1-02 and will be requested for all subsequent budget years.
...............................................................................
Purpose:
The Print Shop is responsible for administering the contract that
provides copiers for all departments located at City Hall.
Currently, fourteen walkup copiers are located throughout the
building for employees to use for their copying requirements. In
addition, the Print Shop is responsible for producing large copy
jobs on a high volume, high-speed machine located in the
basement at City Hall.
The proposed copier system will provide the City with a total of
twenty copiers at City Hall. Fifteen copiers will be used by
employees as walkup copiers. In addition, under a pilot
connectivity program, three copiers will be installed in MIS, Legal
and Human Resources and will be connected to the network to be
used as printers/copiers/fax machines. These three machines will
be capable of producing copy jobs directly from PC workstations.
They will be able to receive and print faxes and also serve as
departmental printers. Pending the success of the pilot
connectivity program, the remaining walkup copiers are equipped
with all the necessary components required to connect them to the
network and will be phased into the network on an as needed basis.
The Print Shop will be equipped with two high volume, high speed
digital machines that can work in tandem or independent of each
other. The two machines will provide for redundancy in the event
one machine is down due to mechanical failure. Added features on
the majority of the machines include hole punch capabilities and
extra capacity paper trays. Four of the machines will also be
equipped with saddle finishing and "V" or "Z" folding capabilities.
The lease will provide a full maintenance agreement that includes
supplies for each of the copiers.
Proposals issued: Sixteen
Proposals received: Four
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Award Basis:
Proposers were given the details of the current copier system along
with usage data for each of the current copiers. They were asked
to examine the information and submit a solution that they deemed
best met the City's current and future copying needs. A committee
made up of the Assistant City Secretary, Park and Recreation
Executive Secretary, Park and Recreation Account Clerk. Traffic
Engineering Secretary, Purchasing Account Clerk, Purchasing
Buyer, Procurement Manager, Director of Information Systems,
Legal Secretary and the Executive Assistant to the City Manager
was formed to evaluate the proposals. Proposals were evaluated on
the proposed copier system, project understanding, company
profile and price. IKON Office Solutions has been deemed as the
most advantageous offer.
Funding:
Print Shop
530160-5010-40010
530230-5010-40010
$158,655
104,139
Total FY 01-02:
$262,794
Annual funding in the amount of $220,872 ,vill be requested
during each of the following budget years. The ongoing contract is
contingent upon all future budget appropriations.
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Procurement & General Services Manager
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CITY OF CORPUS CHRISTI
EVALUATION MATRIX
CITY HALL COPIER SYSTEM
IKON Office Solutions (Office Communications Systems INevill Business Machines Braswell Office Systems
Corpus( , Texas Corpus Christi, Texas Corpus Christi, Texx I Corpus Christi, Texas
Evaluation criteria
Maximum
Points
Points
Awarded
Points
Awarded
Points
Awarded
Points
Awarded
Proposed Copier System
30 points
24
16
16
28
Project Understanding
20 points
18
15
12
15
Company Profile
20 points
18
12
9
18
Pricing
30 points
21
30
25
13
TOTAL
$1
73
62
74
Additional Background
Evaluation Procedure
The Request for Proposal (RFP) for a copy system at City Hall was issued to sixteen local
bidders on November 2,2001 with a scheduled closing date of November 27,2001. Responses
from IKON Office Solutions (IKON), Office Communications Systems (OCS), Neville Business
Machines (Neville) and Braswell Office Systems (Braswell) were received. An evaluation
committee made up of employees involved in the printing of the weekly agenda packet, key
operators responsible for the upkeep of the current copy machines, MIS and Purchasing was
selected to review the proposals.
In conducting the evaluation, each committee member was allowed to identify those functions
that they deemed most important to their respective responsibility of the copier system. This
critical list was developed across three of the four evaluation criteria listed in the RFP in order to
get a balanced perspective. The three criteria used in this process were the proposed copier
system, project understanding and company profile.
The proposed copier system relates to the type and quantity of copiers being proposed.
Additionally, features and options played an important part in the scoring of this criterion. The
proposed copier system's ability to satisfy the City's duplicating requirements was also
important. Project understanding relates to the completeness ofthe responses received as well as
identifying the critical issues facing the City's duplicating and reproductions needs and the
constraints that could influence the City's ability in addressing those needs. Training was an
issue that was evaluated under this criterion. Company profiie relates to the proposer's ability to
fulfill on their obligations and service the City's account. Installation, response time, and the
number of service technicians available to service the City's account all played an important role
under this criterion.
Once the critical list was developed, the committee evaluated each proposal against the items
listed and assigned a raw score for each criterion. Discussion was initiated on those items that
reflected any variance across each of the criteria and consensus was reached on the committee's
recommended score for each criterion and each proposal.
In developing the critical list, the committee detennined a three year lease would be the best term
of the lease contract. Since Braswell had not submitted pricing for a three year lease, they were
contacted and requested to submit revised pricing for a three year lease. Once the revised pricing
was received, the fourth criterion, pricing, was evaluated.
The fourth criterion was scored using a well accepted scoring technique in evaluating RFP price
structures. The lowest price is given full points. The remaining prices are scored as a ratio of
the lowest price to the proposed price times the maximum available points. For example, if the
lowest price is $100,000 and the remaining prices are $200,000; $300,000 and $400,000; the
following would be the scores assigned under a 30 point scoring system. The lowest price would
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receive 30 points. The second lowest price would receive a score of 15 points
{($100,000/$200,00) x 30 points}. The third lowest price would receive a score of 10 points
{($100,000/ $300,000) x 30 points}. The fourth lowest price would receive a score of7.5 points
{($IOO.OOO / $400,000) x 30 points}.
Once all the scores were in place. the totals for each proposal were summed and a short list was
created which made up the two highest scoring proposals. IKON received the highest score.
Braswell received the second highest score.
The committee decided to conduct product demonstrations and interviews with the two top
scoring proposals and met again to discuss the issues. A poll was placed to determine who the
top contender was and IKON was deemed as the most advantageous offer.
Since the original price structure submitted by IKON was well below the current budgeted funds
for the current copier system, negotiations were conducted with IKON to add items to their
original proposal and revise pricing accordingly. The recommended award is the result of those
final negotiations. As the revised pricing proposal from IKON was below the revised pricing
received from Braswell, additional pricing revisions were not requested from Braswell.
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CITY COUNCIL
AGENDA MEMORANDUM
Date: 02/05/02
AGENDA ITEM: Motion authorizing the City Manager or his designee to sign an agreement
with Texas Medical Data Systems to provide Accounts Receivable Management and Delinquent
Collections Service for the EMS Division of the Corpus Christi Fire Department in the amount of
$163,800.00 per year. The term of the agreement is two years with an option to extend for up to four
additional twelve months terms.
ISSUE: The City Council adopted an ordinance amending Section 18-20 Ambulance Rates to
proved a fee structure for EMS services provided by the Corpus Christi Fire Department. The
current contract for collection of these fees has expired and is being continued on a month to month
basis. This proposed action is necessary to assure the revenue generated by the EMS service
continues.
BACKGROUND: Funding for the maintenance of revenue collections was approved in FYO 1-02
budget. The City has been contracting with a private company for Accounts Receivable
Management and Delinquent Collections Services for EMS since 1987. Prior to initiating that initial
agreement, services were being provided through an agreement with the Nueces County Hospital
District. The year before the agreement was implemented revenues were approximately
$265,000.00. In the first year following the use of the private service, revenues increased to almost
$450,000.00, and has continued to increase to the point that revenues have amounted to at least
$3,000,000.00 for the past three years. The company being recommended is one of two companies
who submitted proposals for this service in response to the City's Request for Proposals. This
recommendation is based upon the a review of the proposals submitted, interviews with the
proposers, and interviews with the references furnished by the individual proposers.
RECOMMENDATION: Approval of the motion as submitted.
Additional Information (list and attach)
I. Additional Background Information
2. Proposal Evaluation
3. Summary of Interviews
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AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMATION
Service being Sought
The Accounts Receivable Management and Delinquent Collections Service for the EMS Division
of the Corpus Christi Fire Department is a critical component of the operations, Currently, the
contract will bill approximately $5,000,000 per year and collect $3,000,000, for an annual
unadjusted collection rate of approximately 60%. The adjusted collection rate (accounting for
Medicare and Medicad allowable charges and court settlements) runs closer to 70%. The revenues
collected under this agreement account for approximately 60% of the total cost of operating the EMS
Division annually. A 1% drop in our collection rate would equate to a loss of$50,000.00
Requests for Proposals
The City's Legal Department prepared the Request for Proposal (RFP) in cooperation with the EMS
Division of the Corpus Christi Fire Department. This RFP was drafted in such a way as to attempt
to obtain detailed proposals that would address key areas a~sociated with the services being sought.
Those specific areas included the identification of similar services being provided (emergency
medical services and size of service); the collection history of the company; the operational
procedures used to record, prepare, and mail the EMS billings; the internal control plans for
maintenance/protection and confidentiality of the medical records; the procedures used to collect
delinquent accounts; and the cost of the services to be provided.
The Purchasing Department advertized the opportunity to respond to the RFP in accordance with the
State Purchasing Act and the policies and procedures of the City of Corpus Christi.
Evaluation Process
A total of two proposals were received. Both proposals were reviewed for their completeness and
compliance with the terms and conditions of the Request for Proposals. In addition, the EMS
references for each of the proposers were interviewed. Following these steps, a panel consisting of
representatives from the Fire Department. the Purchasing Department, and City Legal met to review
the proposals and the information obtained from the interviews ,-"ith the references. The panel
prepared a formal list of questions to be asked of each proposer and interviews with each were
scheduled and conducted.
After the interviews each member of the panel independently completed their evaluation using a
matrix and submitted their information to the Purchasing Department, who compiled the three
evaluations into a single document, based on the average of the three separate evaluations. The
matrix consists of five criteria, four extracted from the original Request for Proposals plus the
proposed cost, and the weighting for each of those criteria. Each of the first four criteria can be tied
back to one or more of the original key areas identified in the drafting of the RFP and associated with
the cost of the services being sought.
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Combined Evaluation Matrix
EMS Accounts Receivable Management & Delinquent Collections Service
Criteria Max. Recover- TMDS
Pts. Med
Comoleteness of the ResDonse 10 6 9
Exoerience of the Personnel 15 10 14
Proven Abilitv to Perform 30 16 29
Procedures Used in Collections 20 13 19
Cost 25 25 18
Totals 100 69 90
The panel is recommending that the City Manager or his designee be authorize to sign an agreement
with Texas Medical Data Systems. This recommendation is based upon a number of factors,
including:
TMDS is a locally owned and operated company.
TMDS was thoroughly responsive to the RFP, and furnished all of the information requested,
TMDS has been in the business of billing and collecting accounts receivable since 1984, and
has specific experience with EMS accounts since 1987,
TMDS has an extensive list of municipal EMS references who rate the services as excellent.
TMDS has a demonstrated a record of achieving effective and consistent collection rates.
TMDS maintains state of the art data processing capability, including:
I. In-house mainframe with staff programming
2. Utilize "The Ambulance Billing and Statistical System" proprietary software
3. All systems are backed up daily and stored at an off-site location
4. Subscribes to both the THIN and COMPASS 21 systems for real time service
for Medicare/Blue Cross and Blue Shield and Medicaid accounts
5. Possesses the capability to do document imaging, and furnishes images of
each patient report to customers on CD
6. Maintains data links with area hospitals, Medicare, Medicaid, multiple credit
bureaus, and the City of Corpus Christi's Utility System
TMDS's operational procedures and internal control plans are clearly defined and easily
understood.
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City of Corpus Christi
Accounts Receivable Management
and
Delinquent Collections Service
for EMS
Evaluation
RFP Requirement Recover TMDS
Med
Acknowledge Addenda . Yes
No
Disclosure ofInterest Form Yes Yes
Identifies Current Srvs. Yes Yes
Identifies Operating Procedures No Yes
Procedures for Delinquent Accounts Yes Yes
Number of Full Time/Part Time Employees No Yes
.
List of Municipal EMS Accounts 3 II
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Professional References 6 12
-
Bonding Information Yes Yes
Name of Contact/Liaison Yes Yes
- --
Identifies Plan for Legal Advise No Yes
Fee $9,600 $13,650
-
Blanket Policy Yes Yes
List of Personnel indicating Experience No Yes
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Summary of Interviews
with
References and Proposal Review
for
Accounts Receivable Management and Delinquent Collections Service
for EMS
Recover-Med
Oscar Lopez, Jr., CEO
3649 Leopard St.
P. O. Box 26
Corpus Christi, TX 78408
(361) 883-4357
ProDosal Review:
Price Quoted is $9,600/mo. for a total annual cost of $115,200. The bonus provision provided
for in the RFP would apply.
Respondent provided minimal information regarding the Company's operating procedures, and
essentially no information on processing appeals to any claims that are denied by Medicare or
Medicaid. The respondent provided more information regarding collection of delinquent accounts
than on current accounts; however, again the information was limited. No information was furnished
regarding the Company's staffing or the experience of the staff. The respondent did not furnish
information concerning any internal control plan for Corpus Christi accounts. The respondent did
not furnish information regarding the availability of legal advice.
References:
City of Mathis EMS: I spoke with a lady by the name of Ruth on 11113 at 1630. Mathis EMS has
an annual call volume of 1200 calls and serves a population of 5,340 utilizing one medic unit. The
City has contracted with Recover-Med for approximately one year. The reference indicated that they
had some difficulties with the contractor within the first month of the contract and that there had
been a 100% turnover of employees within the first 2 months of the contract. Ruth indicated that
their collections had dropped from approximately $22,000 per month to $8,000 per month after
contracting with Recover-Med. The current month's billings had totaled $35,948 while collections
were $8,397 (24% rate). Ruth indicated that she "was not impressed with the Company at aiL"
Spearman EMS: I spoke with Cheryl Seldago on 11112. Spearman has an annual call volume of
2,400 calls and serves a population of 3,000. Most of their calls are transfers of patients to hospitals
in larger communities. Spearman has been contracting with the respondent for 4 months. Initially,
they had significant difficulty with the individual charged with handling their account; however, that
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situation was resolved when the individual left the company. Cheryl indicated that the contractor
was very weak on their appeals, and that the City had to lend substantial support to facilitate the
appeals. Cheryl refused to express a personal opinion regarding the respondent.
County of Zapata EMS: Multiple attempts have been made to contact the representative from
Zapata EMS without success.
Med-Care EMS: Candelario Ontiveros was contacted on 11/2land again early in January. Med-
Care is a private ambulance service that responds to approximately 35,000 calls per year and serves
a population of 510,000. Their total annual bill abies are approximately $8.5 million, They have
been contracting with the respondent for approximately one month. Mr. Ontiveros indicated
satisfaction with the company. He indicated that bills generally are mailed within 2 days of the date
of service. He would give them an "AU.
Rio Grande EMS: The initial phone number contained in the response to the RFP was the telephone
number furnished is a radiator shop in McAllen. Following the interviews with the Company a new
telephone number and contact was obtained and I spoke with Paulina in Dr. Padia's office on
January 21, 2002. Paulina indicated that they did provide transportation services for their patients;
however, they provide no emergency transportation. Paulina indicated that their transport service
probably catned fifteen to twenty people per week. She was unable to tell me anything regarding
the total aImual charges, the total collections, or adjusted or unadjusted collection rates. She said
that they had been contracting with Recover-Med for approximately one year. She would not offer
any thoughts or opinions regarding the services of Recover-Med.
Texas Medical Data Systems
Kevin Sigler, President
2741 Swantner
Corpus Christi, TX 78404
(361) 854-8637
Proposal Review:
Price Quoted is $13,650/mo. for a total annual cost of $163,800. The bonus provision provided
for in the RFP would apply.
Respondent provided comprehensive information (including sample letters and documents)
regarding the Company's operating procedures, specific information on processing appeals to any
claims that are denied by Medicare, Medicaid, and personal insurance. The Company provided an
accounting of the number of full time and part time staff; however, other than the reference to the
Company's experience, no information was furnished regarding the experience of the staff, The
respondent did furnish information regarding internal control of Corpus Christi accounts and the
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availability oflegal advice.
References:
Piano FirelEMS: Spoke with Bill Peterson, Fire Chief on 11/12. He indicated that Piano EMS
responds to approximately 9-10,000 calls per year and serve a population of 236,000 with five full
time medic units. He did not know the total amount billed annually or the total collections, but
reported that the adjusted collection rate was 68%. He indicated that they had used TMDS for 8
years, but had gone with another company due to a lower bid, within the past couple of months, The
new contract had not been in place for long enough to make any comparisons.
Irving FirelEMS: Spoke with Debbie Champion, Accounting Manager for the City of Irving on
11/12. She could furnish no information regarding call volumes, total billed, or collected. They
have been contracting with TMDS for almost 7 years and are "very pleased with the service." She
indicated that they are a "good company, that keeps the city abreast of issues" associated with
insurance, and particularly Medicare and Medicaid.
Farmers Branch FirelEMS: Spoke with Charles Cox, Finance Director, on 11/19. He rep()rts that
they respond to approximately 1,500 calls per year and serve a population of 27,000 residents and
100,000 during the work week. They bill approximately $400,000 per year and collect $240,000.
He sited an adjusted collection rate of 60%. He reports that they are very happy with TMDS. They
receive no complaints from the public regarding the company. The company has provided them with
good advise on structuring their fees, provides electronic submissions to Medicare/Medicaid and to
the Texas Department of Health. Their follow-up on Medicare charges is good.
McKinney EMS: Attempts to contact have been unsuccessful.
Duncanville Fire/EMS: Spoke with Phillip Varghese, Assistant Finance Director on 11/12. He
indicated that they run 2,400 calls per year and the total population served is 36,000, with 2 medic
units. They have been contracting with TMDS for 5 years. He had no information regarding total
billables or collections, but indicated that they had "good results" with TMDS.
Harker Heights EMS: Attempts to contact have been unsuccessful.
Lancaster FirelEMS: Spoke with Lamar Ford on 11/12. He indicated that they are responding to
approximately 2200 calls per year and serve a population of25,000. They have been working with
TMDS for 3 years. He did not know what the total billables were, but collections were $267,730.50
for the last fiscal year. He had no information regarding collection rates, but indicated that they were
very pleased with the services they have received.
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Notes and Comments
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