HomeMy WebLinkAboutAgenda Packet City Council - 12/14/2004
CITY COUNCIL AGENDA
DECEMBER 14, 2004
Corpus Christi
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AGENDA
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
CITY HALL. COUNCIL CHAMBERS
1201 LEOPARD
DECEMBER 14, 2004
10:00 A.M.
PUBLIC NOTICE. THE USE OF CELLULAR PHONES AND SOUND ACTlVA 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 12:00 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. /fyou have a petition or other information pertaining to your
subject, please present it to the City Secretary.
Si Usted 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
contact the 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 Napoleon Johnson, Faith Mission.
C. Pledge of Allegiance to the Flag of the United States.
D. City Secretary Armando Chapa to call the roll of the required Charter Officers.
Mayor Samuel L. Neal, Jr.
Mayor Pro Tem Jesse Noyola
Council Members:
Brent Chesney
Javier Colmenero
Melody Cooper
Henry Garrett
Bill Kelly
Rex Kinnison
Mark Scott
City Manager George K. Noe
City Attorney Mary Kay Fischer
City Secretary Armando Chapa
E. MINUTES:
1. Approval of Regular Meeting of November 16, 2004. (Attachment # 1)
Agenda
Regular Council Meeting
December 14, 2004
Page 2
F. BOARDS & COMMITTEE APPOINTMENTS: (Attachment # 2)
2.
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Arts and Cultural Comrnission
Coastal Bend Council of Governments
Corpus Christi Regional Economic Development
Corporation
Ethics Cornrnission
Museum of Science and History Advisory Cornrnittee
North Padre Island Development Corporation
Oil and Gas Advisory Cornrnittee
Port of Corpus Christi Authority
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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.
REGULAR AGENDA
CONSIDERATION OF MOTIONS. RESOLUTIONS. AND ORDINANCES:
3. First Reading Ordinance - Arnending the Code of Ordinances,
Section 23-74, Smoking Prohibitions, Subsection (b)(1 )(e), by
revising the language; and establishing an effective date.
(Attachment # 3)
4. Resolution adopting the City of Corpus Christi's Legislative
Prograrn for the Seventy-Ninth Legislative Session for the State
ofTexas. (Attachment # 4)
5. Second Reading Ordinance - Amending the Code of Ordinances,
Chapter6, Animal Control by renarning the chapter; redesignating
existing Articles III, IV, V, and VI as Articles, V, VI, VII, and VIII,
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December 14, 2004
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respectively; creating new Articles III and IV; renaming Articles I
and II, redesignating certain sections; revising the language ofthe
chapter; providing for penalties. (First Reading 11/16/04)
(Attachment # 5)
I.
CONSENT AGENDA
Notice to the Public
The following items are of a routine or administrative nature. The Council has
been furnished with background and support material on each item, and/or it
has been discussed at a previous meeting. All items will be acted upon by one
vote without being discussed separately unless requested by a Council
Member or a citizen, in which event the item or items will immediately be
withdrawn for individual consideration in its normal sequence after the items not
requiring separate discussion have been acted upon. The remaining items will
be adopted by one vote.
CONSENT MOTIONS. RESOLUTIONS. ORDINANCES AND ORDINANCES
FROM PREVIOUS MEETINGS:
(At this point the Council will vote on all motions, resolutions and ordinances not
removed for individual consideration)
6. Motion approving a supply agreement for testing and calibrating
of automatic external defibrillators for the Fire Departrnent-EMS,
with Medtronic Physio-Control Corporation, Redmond,
Washington, based on sole source, for an estimated annual
expenditure of $35,356. The term of the supply agreement will be
for twelve months with an option to extend for up to two additional
twelve-month periods subject to the approval of the supplier and
the City Manager or his designee. Funds have been budgeted by
the Fire Department in FY 2004-2005. (Attachment # 6)
7. Motion approving the purchase of one aircraft rescue and fire
fighting vehicle from Emergency One, Inc., Ocala, Florida, in
accordance with Bid Invitation No. BI-0023-05, based on low bid
for a total amount of $541,627. This vehicle will be used by the
Aviation Departrnent for fire suppression and crash rescue at the
Corpus Christi International Airport. Funding is available from the
Airport Capitallrnprovement Program Grant and Reserve Funds.
(Attachment # 7)
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8. Motion approving the purchase of 33 police package sedans in
accordance with Bid Invitation No. 81-0033-05 from Access Ford
L TD, Corpus Christi, Texas based on low bid for a total amount
of $704,154. All units are replacements. Funding is available
from the FY 2004-2005 Capital Outlay Budget in the Maintenance
Services Fund. (Attachment # 8)
9. Motion approving the purchase of 440 water meters from Badger
Meter, Inc., Milwaukee, Wisconsin, in accordance with Bid
Invitation No. BI-0038-05 based on low bid for a total arnount of
$25,828. The meters will be used by the Water Department.
Funds have been budgeted by the Water Departrnent in FY 2004-
2005. (Attachment # 9)
10. Ordinance appropriating $4,200.17 in interest earnings from the
unreserved fund balance in the No. 1061-820896 Law
Enforcement Block Grant 1996 grantfund, appropriating $448.62
in interest earnings from the unreserved fund balance in the No.
1061-820897 Law Enforcement Block 1997 grant fund,
appropriating $2,311.96 in interest earnings frorn the unreserved
fund balance in the No. 1061-820802 Law Enforcement Block
Grant 2002 grant fund, and appropriating $1,510.84 in interest
earnings from the unreserved fund balance in the No. 1061-
820803 Law Enforcernent Block Grant 2003 grant fund for police
law enforcernent equipment. (Attachment # 10)
11. Motion approving the purchase of a bullet recovery system frorn
Cybernational,lnc., Murfreesboro, Tennessee, in accordance with
Bid Invitation No. BI-0026-05 based on only bid for a total amount
of $47,596. The equipment will be used by the Police
Department. Funding is available from the Law Enforcement
Block Grant. (Attachment # 11)
12.a. Resolution authorizing the City Manageror his designee to accept
a grant frorn the State Homeland Security Grant Program in the
arnount of $156,807 to improve the City's ability to respond to
Horneland Security issues in the No. 1062 Fire Grants Fund.
(Attachrnent # 12)
12.b. Ordinance appropriating $144,824 from the State Horneland
Security Grant Program in Fire Grants Fund No. 1062 for
purchase of 43 handheld radios. (Attachment # 12)
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13. Resolution authorizing the City Manager or his designee to
execute a Memorandum of Understanding between the City of
Corpus Christi, Nueces County, the Regional Transportation
Authority, the Port Industries of Corpus Christi (PICC), and the
Port of Corpus Christi Authority of Nueces County, Texas
(POCCA) to establish terms for the upgrade ofthe 800 Mhz public
safety trunked radio system, to establish responsibilities and to
allow PICC and POCCA to participate in the 800 Mhz public
safety trunked radio system. (Attachment # 13)
14.a. Resolution authorizing the City Manageror his designee to accept
a grant from the Texas Department of State Health Services
(DSHS) in the arnount of $1 09,526 for the elirnination and control
of tuberculosis in Nueces County. (Attachment # 14)
14.b. Ordinance appropriating a grant from the Texas Departrnent of
State Health Services (DSHS) in the amount of $109,526 in the
No. 1066 Health Grants Fund for the elimination and control of
tuberculosis in Nueces County. (Attachment # 14)
15.a. Resolution authorizing the City Manageror his designee to accept
an additional Title V grant from the Texas Department of State
Health Services (DSHS) in the amount of $162,305 for maternal-
child health services. (Attachment # 15)
15.b. Ordinance appropriating an additional grant from the Texas
Department of State Health Services (DSHS) in the amount of
$162,305 in the No. 1066 Health Grants Fund for rnaternal-child
health services. (Attachment # 15)
16.a. Motion adopting the timetable for the FY2005 Consolidated
Annual Action Plan that is the planning and application process
for the Community Development Block Grant (CDBG), HOME
Investrnent Partnerships (HOME), and Emergency Shelter Grants
(ESG) prograrns. (Attachment # 16)
16.b. Resolution amending Council Policy No.9, entitled Community
Development Block Grant Program, by revising the title and
language to include the Home Program; adding language relating
to the disposition of program income; and reaffirming the
objectives and guidelines of the policy. (Attachment # 16)
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17. Resolution authorizing the City Manageror his designee to accept
a cash distribution from the Anita Neyland Trust, established
under the W. T. Neyland Last Will and Testament, on behalf of the
City of Corpus Christi Library. The Library is the beneficiary of
25% of the Trust. (Attachment # 17)
18.a. Motion authorizing the City Manager or his designee to accept a
grant in the amount of $749,201 from the Area Agency on Aging
of the Coastal Bend for the FY2004 Senior Community Services,
Elderly Nutrition Program in the No. 1067 Park and Recreation
Grants Fund. (Attachment # 18)
18.b. Ordinance appropriating a grant in the amount of $749,201 frorn
the Area Agency on Aging of the Coastal Bend for the FY2004
Senior Community Services, Elderly Nutrition Program in the No.
1067 Park and Recreation Grants Fund. (Attachment # 18)
18.c. Motion authorizing the City Manager or his designee to accept a
contract from the Area Agency on Aging of the Coastal Bend for
the continuation of the FY 2005 Elderly Nutrition Program.
(Attachment # 18)
19. Ordinance appropriating a $7,500 sub-contract grant from the
Charnber of Comrnerce Foundation in the No. 1067 Park and
Recreation Grants Fund for data collection and analysis activities
at the Juvenile Assessment Center. (Attachment # 19)
20. Resolution authorizing the City Manager or his designee to
execute an Interlocal Cooperation Agreement with Texas A&M
University-Kingsville in the amount of $450,000 for an air quality
research and planning program, which includes air quality
monitoring and modeling projects, and developrnent of an
emissions inventory for the Nueces and San Patricio Counties
area. (Attachment # 20)
21. Resolution recognizing the public necessity of acquiring drainage
easements for the Mary Carroll Channel Widening - Rodd Field
Road to Oso Creek, Project #2047, for drainage purposes in
connection with said project, and other municipal purposes; and
authorizing acquisition by means of negotiations or erninent
dornain proceedings by the City of Corpus Christi in acquiring the
easements. (Attachment # 21 )
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22. Motion authorizing the City Manager or his designee to execute
Arnendment NO.1 to the Contract for Professional Services with
Maverick Engineering, Inc., of Corpus Christi, Texas in the
arnount of $44,573 for a total restated fee of $69,549 for the
McKinzie Road Utility Relocation Project. (Attachment # 22)
23.a. Resolution expressing official intent to reimburse costs of the
Marina Improvements Project. (Attachment # 23)
23.b. Ordinance appropriating $450,998 from the Marina Fund No.
4700 Unreserved Fund Balance for the Marina Development
Project - Peoples Street T-Head (Floating Docks "E", "F", "G",
Cornrnercial Dock) and Boater's Facility/Restroom; amending
Operating Budget adopted by Ordinance No. 025878 by
increasing appropriations by $450,998. (Attachment # 23)
23.c. Motion authorizing the City Manager or his designee to execute
a Contract for Professional Services with Shiner, Moseley and
Associates, Inc. of Corpus Christi, Texas in the amount of
$405,130 for the Marina Development Project - Peoples Street T-
Head (Floating Docks "E", "F", "G", Commercial Dock) and
Boater's Facility/Restroom. (Attachment # 23)
23.d. Motion authorizing the City Manager or his designee to execute
a Contract for Construction Materials Engineering Laboratory's
Inspection and Materials Testing Services with Fugro
Consultants, LP, of Houston, Texas in the amount of $45,868 for
the Marina Development Project - Peoples Street T -Head
(Floating Docks "E", "F", "G", Commercial Dock) and Boaters
Facility/Restroom. (Attachment # 23)
24.a. Ordinance appropriating $314,450 from the unappropriated
interest earnings from Choke Canyon Fund 4050, reserved for
Choke Canyon Maintenance Account 251400; transferring to and
appropriating in Water Capital Improvement Program Fund 4080
for the Choke Canyon Dam Improvement Project; amending
Capital Budget adopted by Ordinance No. 025647 and Operating
Budget adopted by Ordinance No. 025878 by increasing
appropriations by $314,450 each. (Attachrnent # 24)
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24.b. Motion authorizing the City Manager or his designee to execute
Arnendrnent NO.1 to the Contract for Professional Services with
Freese & Nichols, Inc., of Austin, Texas in the amount of
$314,450 for a restated fee of $496,032 for the Choke Canyon
Dam Irnprovernent Project. (Attachment # 24)
25. Motion authorizing the City Manager or his designee to execute
a construction contract with Ramos Industries, Inc. ,of Pasadena,
Texas in the amount of $2,696,266 for the Downtown Drainage
Improvements, Phase 1 - Part "A", Water Street New Interceptors
and Inlets. (Attachrnent # 25)
26. Motion authorizing the City Manager or his designee to execute
Change Order No. 1 to the construction contract with Ramos
Industries, Inc., of Pasadena, Texas in the amount of
$179,356.13 for a total restated fee of $1,934,740.13 for the
Water Main I mprovements Elizabeth StreeU19th Street Project for
the 12-inch water main replacement on Santa Fe from Elizabeth
to Ayers. (Attachrnent # 26)
27. Motion authorizing the City Manager or his designee to execute
a Reimbursement Agreement with AT&T in the estimated arnount
of $26,900 for adjustment of communication and data lines to
permit construction of a proposed drainage culvert on Farm-to-
Market Road 70 to serve the future development of Cefe
Valenzuela Landfill. (Attachment # 27)
28. Motion authorizing the City Manager or his designee to execute
Change Order NO.2 with Geograph Industries, Inc., of Harrison,
Ohio, in an amount not to exceed $52,674 for the Corpus Christi
Multi-Purpose Arena and Convention CenterWayfinding Signage
Package. (Attachment # 28)
29. Motion authorizing the City Manager or his designee to issue
payment for the City share of Change Order No.5 to the Texas
Departrnent of Transportation for the bridge rehabilitation on the
Cayo Del Oso Bridge on Ocean Drive (closest to the Naval Air
Station) at a cost to the City not to exceed $26,006.25.
(Attachrnent # 29)
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30. Motion authorizing and directing the City Manager or his
designee to take those actions necessary to negotiate a Texas
Military Value Revolving Loan with the Texas Public Finance
Authority to assist in the financing of certain projects directly
assisting the local military facilities and initiatives and to publish
such notices as may be necessary. (Attachment # 30)
31. Ordinance authorizing the City Manager to appoint a local health
authority and execute a cornpensation agreement for the
protection of the public health, safety, and welfare. (Attachment
# 31)
32.a. Motion approving the Transrnission and Grid Main Construction
and Reimbursement Agreement submitted by Kings Crossing
Church of Christ, owner and developer of King's Crossing Unit 13,
Lot 1A, Block 2 located on the south side of Yorktown Boulevard
between South Staples and Cimarron Boulevard for the
installation of 245 linear feet of a 12-inch PVC water grid rnain.
(Attachment # 32)
32.b. Ordinance appropriating $10,959.63 from the Water Arterial
Transmission and Grid Main Trust Fund No. 4030-540450 to pay
developer reimbursement requestfor the installation of245 linear
feet of a 12-inch PVC water grid main to develop King's Crossing
Unit 13, Lot 1A, Block 2. (Attachment # 32)
33.a. Motion approving the Sanitary Sewer Construction and
Reimbursement Agreement submitted by Hogan Development
Company, L. P., owner and developer of Los Vientos at Terra Mar
Unit 1 Subdivision located south of Wooldridge Road, west of
Cayo Del Oso for the installation of 161 linear feet, over-size,
over-depth, 15-inch PVC and 400 linear feet, over-size, over-
depth, 12-inch PVC sanitary sewer collection lines along
Wooldridge Road within the limits of the subdivision.
(Attachment # 33)
33.b. Ordinance appropriating $11,929.51 from the Sanitary Sewer
Collection Line Trust Fund No. 4220-540450 to pay Hogan
Development Company, L.P., for the installation of 161 linear
feet, over-size, over-depth, 15-inch PVC and 400 linear feet, over-
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size, over-depth, 12-inch PVC sanitary sewer collection lines
along Wooldridge Road within the limits of the subdivision as
specified in the Sanitary Sewer Construction and Reimbursernent
Agreernent to develop Los Vientos at Terra Mar Unit 1
subdivision. (Attachment # 33)
34.a. Motion approving the Transmission and Grid Main Construction
and Reimbursernent Agreement submitted by Hogan
Development Company, L.P., owner and developer of Los
Vientos at Terra Mar Unit 1 subdivision located south of
Wooldridge Road, west of Cayo Del Oso for the installation of 61 0
linear feet of a 12-inch PVC water grid main. (Attachment # 34)
34.b. Ordinance appropriating $11,034.38 frorn the Water Arterial
Transmission and Grid Main Trust Fund No. 4030-540450 to pay
developer reimbursement request for the installation of 61 0 linear
feet of a 12-inch PVC water grid main to develop Los Vientos at
Terra Mar Unit 1 subdivision. (Attachment # 34)
35. Second Reading Ordinance - Amending the Zoning Ordinance by
amending Section 3-1.55, Sign, by revising the definition of a sign
to no longer exclude a device or structure located within a
building. (First Reading 11/16/04) (Attachment # 35)
J. PUBLIC HEARINGS:
36.a. Public hearing to consider abandoning and vacating a 11,741-
square foot portion of the Laguna Shores Road public right-of-
way, extending approxirnately 296 linear feet southeast of
Wyndale Drive out of Tract "AR" , Tyler Subdivision, between
Wyndale Drive and a dead-end to Laguna Madre. (Attachment
# 36)
36.b. Ordinance abandoning and vacating a 11,7 41-square foot portion
of the Laguna Shores road public right-of-way, extending
approxirnately 296 linear feet southeast of Wyndale Drive out of
Tract "AR", Tyler Subdivision; subject to owner's compliance with
the specified conditions. (Attachment # 36)
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36.c. Public hearing to consider abandoning and vacating a 4,308-
square foot portion of the Wyndale Drive public right-of-way,
extending approxirnately 431 linear feet northeast of Laguna
Shores Road out of Tract "AR", Tyler Subdivision, between
Laguna Shores Road and Spring Lane. (Attachrnent # 36)
36.d. Ordinance abandoning and vacating a 4,308-square foot portion
of the Wyndale Drive public right-of-way, extending approxirnately
431 linear feet northeast of Laguna Shores Road out of Tract
"AR", Tyler Subdivision; subject to owner's compliance with the
specified conditions. (Attachment # 36)
ZONING CASES:
37. Case No. 1004-06. Ronald N. Voss: A change of zoning from a
"R-1B" One-family Dwelling District to a "RE" Residential Estate
District, located along the south side of Glenoak Drive,
approxirnately 500 feet west of St. Peter Street. (Attachrnent
# 37)
Plannina Commission and Staffs Recommendation: Approval of
the "RE" Residential Estate District.
ORDINANCE
Amending the Zoning Ordinance, upon application by Ronald A.
Voss by changing the zoning map in reference to 18.21 acres out
of Flour Bluff and Encinal Farm and Garden Tracts, Section 50,
Lot 3, frorn "R-1 B" One-family Dwelling District to "RE" Residential
Estates District; amending the Comprehensive Plan to account for
any deviations from the existing Comprehensive Plan.
38. Case No. 1004-07. Murrav Architects: A change of zoning frorn
an "AB" Professional Office District to a "B-1" Neighborhood
Business District. The property is located north of Agnes Street
and between South Tancahua and South Carancahua Streets.
(Attachment # 38)
Plannina Commission and Staffs Recommendation: Approval of
the "B-1" Neighborhood Business District.
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ORDINANCE
Amending the Zoning Ordinance, upon application by Murray
Architects by changing the zoning map in reference to Brayton
Addition, Block 2, Lots 3, 4, 5, 6, and 7, Chaprnan Addition, Block
2, Lot 1, from "AB" Professional Office District to "B-1"
Neighborhood Business District; amending the Comprehensive
Plan to account for any deviations from the existing
Comprehensive Plan.
39. Case No. 1004-09. Henrv Tucker: A change of zoning from a
"F-R" Farm-Rural District to a "R-1 B" One-family Dwelling District,
a "R-1C" One-family Dwelling District, and a "B-4" General
Business District. The property is located 136.73 acres out of
Mcintyre Partition of the Mariano Lopez de Herrera Grant, Tract
4, Abstract 606, Nueces County, Texas, as described in Warranty
Deed, Volume 221 0, Page 748, Deed Records of Nueces County,
Texas, located south of Northwest Boulevard and west of Farm-
to-Market Road 1889. (Attachment # 39)
Plannina Commission and Staffs Recommendation: Approval of
the "R-1 B" One-family Dwelling District on Tract 1, approval ofthe
"R-1 C" One-family Dwelling District on Tract 2, and denial of the
"8-4" General Business District and in lieu thereof, approval ofthe
"B-1" Neighborhood Business District on Tract 3.
ORDINANCE
Amending the Zoning Ordinance, upon application by Henry
Tucker by changing the zoning map in reference to 136.73 acres
out of Mcintyre Partition of the Mariano Lopez de Herrera Grant,
Tract 4, Abstract 606, Nueces County, Texas as described in
Warranty Deed, Volume 2210, Page 748, Deed Records of
Nueces County, Texas, from "FR" Farrn Rural District to Tract 1 -
"R-1 B" One-family Dwelling District, Tract 2 - "R-1 C" One-family
Dwelling District, and Tract 3 - "B-1" Neighborhood Business
District; amending the Comprehensive Plan to account for any
deviations from the existing Comprehensive Plan.
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40. Case No. 1004-10. Esoarza Pest Control: A change of zoning
from an "A-1" Apartrnent House District to a "B-4" General
Business District. The property is located in the South Park
Subdivision, Block 2, Lot 1, located northeast of South Padre
Island access road and Anthony Street intersection.
(Attachment # 40)
Plannina Commission and Staffs Recommendation: Denial ofthe
"B-4" General Business District and in lieu thereof, approval of a
"B-1" Neighborhood Business District.
ORDINANCE
Amending the Zoning Ordinance, upon application by Esparza
Pest Control by changing the zoning map in reference to South
Park Subdivision, Block 2, Lot 1, from "A-1" Apartrnent House
District to "B-4" General Business District; amending the
Comprehensive Plan to account for any deviations from the
existing Comprehensive Plan.
K. PRESENTATIONS:
Public comment will not be solicited on Presentation items.
41. 16th Annual "A Feast of Sharing" Holiday Dinner. (Attachrnent
# 41)
L. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS
NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT
APPROXIMATELY 12:00 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 DUR/NG THIS TIME PERIOD,
PLEASE S/GN THE FORM A T THE REAR OF THE COUNCIL
CHAMBER, G/VING YOUR NAME, ADDRESS AND TOP/C. (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.)
Sf usted se dirige a lajunta y cree que su ingles es Iimitado, habra un interprete
ingles-espanol en la reuni6n de la junta para ayudar/e.
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PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF
PERSON, OR MEMBERS OF THE AUDIENCE SHALL
BERATE, EMBARRASS, ACCUSE, OR SHOW ANY
PERSONAL DISRESPECT FOR ANY MEMBER OF THE
STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY
COUNCIL MEETING. THIS POLICY IS NOT MEANT TO
RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS.
M. EXECUTIVE SESSION:
PUBLIC NOTICE is given that the City Council may elect to go into
executive session at any time during the meeting in order to discuss
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.
42. Executive session under Texas Government Code Section
551.071 regarding Cause No. 04-06556-A, City of Corpus Christi,
Texas vs. Air Liquide America, L.P., et ai, in the District Court of
Nueces County, Texas, 28th Judicial District, with possible
discussion and action related thereto in open session.
43. Executive session under Texas Government Code Section
551.071 regarding Public Utility Commission ofTexas Docket No.
28840 Application of AEP Texas Central Company for Authority
to Change Rates, with possible discussion and action related
thereto in open session.
44. Executive session under Texas Government Code Section
551.071 regarding Cause No. 01-5049-G, Thomas Hudgins vs.
City of Corpus Christi, et ai, in the 319lh District Court, Nueces
County, Texas, with possible discussion and action related
thereto in open session.
45. Executive session under Texas Government Code Section
551.071 regarding Cause No. C-04-110, Bobby Wayne Ballard
vs. City of Corpus Christi, et ai, in the United States District Court
for the Southern District of Texas, Corpus Christi Division, with
possible discussion and action related thereto in open session.
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Agenda
Regular Council Meeting
December 14, 2004
Page 15
46. Executive session under Texas Government Code Section
551.071 for consultation with attorney regarding the use of public
rights-of-way and property by pipelines, grants of rights therein,
fees therefore, and related matters, with possible discussion and
action related thereto in open session.
N. REPORTS:
The following reports include questions by Council to Staff regarding
City policies or activities; request by Council for information or reports
from Staff; reports of activities of individual Council members and Staff;
constituent concerns; current topics raised by media; follow-up on Staff
assignments; scheduling of future Council meetings and activities; and
other brief discussions regarding city-related matters.
47. CITY MANAGER'S REPORT
.
Upcoming Items
48. MAYOR'S UPDATE
49. COUNCIL AND OTHER REPORTS
O. ADJOURNMENT:
POSTING STATEMENT:
This agenda was posted on the City's official bulletin board at the front entrance
Nity Hall, 1201 Leopard Street, at .3:00 p.m.,
,",pm bey- 10 .2004. Ctf1.JV\cu\dO ~ ~ l
Armando Chapa /vi.. {
City Secretary . J
NOTE:
The City Council Agenda can be found on the City's Home
Page at www.cctexas.com after 7:00 p.m. on the Friday
before regularly scheduled council meetings. If technical
problems occur, the agenda will be uploaded on the
Internet by Monday morning.
Symbols used to highlight action item that implement
council priority issues.
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
1
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
November 16,2004 - 10:02 a.m.
PRESENT
Mayor Samuel L. Neal Jr.
Mayor Pro Tern Jesse Noyola
Council Members:
· Javier Colmenero
Brent Chesney
.. Melody Cooper
Henry Garrett
Bill Kelly
Rex Kinnison
Jesse Noyola
Mark Scott
City Staff:
City Manager George K. Noe
City Attorney Mary Kay Fischer
City Secretary Armando Chapa
· Arrived at 10:05 a.m.
.. Arrived at 10:15 a.m.
Mayor Neal called the meeting to order in the Council Chambers of City Hall. The
invocation was delivered by Pastor Rod Carpenter of Solid Rock United Pentecostal Church and the
Pledge of Allegiance to the United States flag was led by Council Member Kelly. 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 November 9, 2004 and the special meeting of November 10,2004. A
motion was made and passed to approve the minutes as presented.
* * * * * * * * * * * * *
Mayor Neal called for consideration of the consent agenda (Items 2-19). City Secretary
Chapa announced that Council Member Noyola would be abstaining from the vote and discussion
on Item 3. Council members requested that ltems 3, 9, and 19 be discussed. Mr. Bill Kopecky,
3609 Topeka, requested that ltem 17 be discussed. A motion was made and passed to approve
Items 2 through 19, constituting the consent agenda, except for Items 3, 9, 17, and 19, which were
pulled for individual consideration. City Secretary Chapa polled the Council for their votes as
follows:
Minutes - Regular Council Meeting
November 16,2004 - Page 2
2. MOTION NO. 2004-417
Motion approving a supply agreement with Hughes Supply, Inc., San Antonio, Texas for
approximately 1,189 cast iron foundry items in accordance with Bid Invitation No. BI-OO 17-
05 based on low bid for an estimated six month expenditure of $41,709.17. The term of the
supply agreement will be for six months with an option to extend for up to four additional
six-month periods subject to the approval of the supplier and the City Manager or his
designee. These items will be purchased into Warehouse Inventory and used by the Water,
Wastewater, and Park Maintenance Departments. Funds have been budgeted in FY 2004-
2005.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent.
4. MOTION NO. 2004-419
Motion approving a supply agreement for dumpster route service in accordance with Bid
Invitation No. BI -0126-04 with Browning Ferris Industries (BFI) Waste Services of Texas,
L.P., Corpus Christi, Texas based on only bid for an estimated annual expenditure of
$60,551.04. The term of the contract will be twelve months with option to extend for up to
two additional twelve-month periods, subject to the approval of the supplier and the City
Manager or his designee. This service will be utilized at thirty-eight different City facilities.
Funds have been budgeted in FY 2004-2005 by the using departments.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent.
5.a. MOTION NO. 2004-420
Motion authorizing the City Manager or his designee to accept a grant in the amount of
$13,299 from the State of Texas, Criminal Justice Division for Year 5 funding for the
Computer Forensics Specialist grant and to execute all related documents.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent.
5.b. ORDINANCE NO. 026024
Ordinance appropriating $13,299 from the State ofTexas, Criminal Justice Division in the
No. 1061 Police Grants Fund for Year 5 funding for the Computer Forensics Specialist grant
and transferring $45,977 from the No. 1020 General Fund and appropriating it in the No.
1061 Police Grant Fund as grant matching funds.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent.
Minutes - Regular Council Meeting
November 16, 2004 - Page 3
6.a. RESOLUTION NO. 026025
Resolution authorizing the City Manager or his designee to accept a grant from the Texas
Parks and Wildlife Department in the amount of $11,952 for a portable sanitary pumpout
system at Corpus Christi Municipal Marina, with a City match of $3,984 in the No. 4700
Marina Fund, and a total project cost of $15,936.
The foregoing resolution was passed and approved with the following vote: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent.
6.b. ORDINANCE NO. 026026
Ordinance appropriating $11,952 from the Texas Parks and Wildlife Department in the No.
1058 Marina Grants Fund for a portable sanitary pumpout system at Corpus Christi
Municipal Marina.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott,
voting "Aye"; Cooper was absent.
7.a. RESOLUTION NO. 026027
Resolution authorizing the City Manager or his designee to accept an additional Title V grant
from the Texas Department of Health in the amount of$243,359 for family health and family
planning services.
The foregoing resolution was passed and approved with the following vote: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent.
7.b. ORDINANCE NO. 026028
Ordinance appropriating an additional grant in the amount of $243,359 in the No. 1066
Health Grants Fund from the Texas Department of Health for Title V Family Health and
Family Planning Services.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott,
voting "Aye"; Cooper was absent.
Minutes - Regular Council Meeting
November 16, 2004 - Page 4
8. ORDINANCE NO. 026029
Ordinance appropriating additional revenue in the amount of $45,000 from the Women,
Infants and Children (WIC) Program in the No. 1066 Health Grants Fund for continuation
of the WIC Program.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott,
voting "Aye"; Cooper was absent.
10. MOTION NO. 2004-423
Motion authorizing the City Manager or his designee to execute a Geotechnical Services
Agreement with Trinity Engineering/Kleinfelder, Inc., of Waco, Texas in an estimated
amount not to exceed $136,225 for the I.C. Elliott Landfill Groundwater Monitoring and
Sampling - 2004 and 2005.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent.
11. MOTION NO. 2004-424
Motion authorizing the City Manager or his designee to execute an Aide to Construction
Agreement for Port Avenue Street Light Installation (Sam Rankin to Tancahua) with
American Electric Power in an amount not to exceed $47,720 for Port A venue Street Light
Installation (Sam Rankin to Tancahua).
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent.
12. MOTION NO. 2004-425
Motion authorizing the City Manager or his designee to execute an Engineering Materials
Inspection, Testing and Laboratory Contract with Fugro Consultants, L.P., of Corpus Christi,
Texas in the amount of$65,940 for the Seawall Reconstruction Project Contract C - Peoples
Street to Coopers Alley (Marina Reach).
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent.
Minutes - Regular Council Meeting
November 16,2004 - Page 5
13. MOTION NO. 2004-426
Motion authorizing the City Manager or his designee to execute an Advanced Funding
Agreement with the Texas Department of Transportation in the amount of $0 for the
McKinzie Road Widening project.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent.
14. MOTION NO. 2004-427
Motion authorizing the City Manager or his designee to execute Change Order No. I to the
construction contract with R. M. Wright Construction, ofEI Paso, Texas in the amount of
$402,887.83 for the Oso Water Reclamation Plant 30-inch Force Main from Lift Station No.
2 to Bar Screen.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent.
15. MOTION NO. 2004-428
Motion authorizing the City Manager or his designee to execute Amendment No. I to the
contract with Halff Associates, Inc. of Austin, Texas in the amount of $44,500 for a total
restated fee of$I64,873 to the Park and Recreation Master and Open Space Plan project for
the inclusion of the Cole Park Master Plan.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent.
16. MOTION NO. 2004-429
Motion authorizing the City Manager or his designee to execute Amendment No. 16 with
MEI Maverick Engineering of Corpus Christi, Texas for a total fee not to exceed $39,044,for
a total restated fee of$I,378,811 for the Antelope Street and Salt Flats Area 36-inch/48-inch
Wastewater Gravity Interceptor Project.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent.
Minutes - Regular Council Meeting
November 16,2004 - Page 6
18. ORDINANCE NO. 026031
Amending the City Code of Ordinances, City of Corpus Christi, Chapter 17, Finance and
Taxation, Section 17-1.2, Service Charge for Returned Checks, by increasing said fee from
$25.00 to $30.00; providing for an effective date of December I, 2004. (First Reading
1119/04)
The foregoing ordinance was passed and approved on its second reading with the following
vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye";
Cooper was absent.
Mayor Neal opened discussion on Item 3 regarding the purchase of a Chevrolet suburban for
use by the aviation department. Mr. Kelly noted the vehicle was being purchased from an out-of-
town vendor, and he asked whether this was a better deal than purchasing the vehicle locally. Mr.
Mike Barrera, procurement and general services manager, responded the city received a price quote
from the out-of-town vendor that was $3,000 lower than the local vendor. City Secretary Chapa
polled the Council for their votes as follows:
3. MOTION NO. 2004-418
Motion approving the purchase of one Chevrolet suburban from Lawrence Marshall
Chevrolet, Hempstead, Texas for the total amount of$27, 113. The award is based on the
Cooperative Purchasing Agreement with the Houston Galveston Area Council of
Governments (HGAC). The vehicle is a replacement for the Aviation Department. Funding
is available from the FY 2004-2005 Capital Outlay Budget in the Aviation Fund.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, and Scott, voting "Aye"; Cooper was absent; Noyola
abstained.
Mayor Neal opened discussion on Item 9 regarding the city hall renovation project, and he
asked for more information on what the project would entail. Assistant Director of Engineering
Kevin Stowers replied the project would remodel all six floors of city hall to create functional work
units throughout the building. The work would include approximately $990,000 to replace the
HV AC distribution and control system for the building, and approximately $340,000 forreplacement
of the current antiquated elevator system with a new state-of-the-art system. In addition, he said
many cosmetic improvements would be completed, such as replacing old carpet. Additional
waterproofing to further reduce the water penetration in the building was also being recommended.
In conclusion, he said the work was quite extensive, and would serve to create a more professional
image for the city in the community.
City Manager Noe added when the city settled the litigation against the initial contractor on
the building, the funds were used primarily for exterior repairs to minimize the water penetration.
There were no improvements made to repair the damage inside the building.
Mr. Colmenero asked for a timeline on the completion of the work, and if the work would
result in any service delays for customers. Mr. Stowers replied Dykema and Associates would be
Minutes - Regular Council Meeting
November 16,2004 - Page 7
on retainage to work closely with Barcom, the contractor, to minimize any disruptions in service.
He said the project was being divided into three phases over 365 days to further minimize
disruptions.
Mr. Noyola expressed concern that only one contractor bid for the project. Mr. Stowers
replied the city was hoping to have four or five bidders, but most firms indicated they did not have
the capacity to bid on additional projects at this time. Nevertheless, he said Barcom Commercial
was a well-regarded local contractor specializing in commercial-type buildings, and they submitted
an excellent bid, approximately $3,000 less than anticipated. He cautioned, however, that having
fewer bidders for projects would probably become a more common occurrence since all the local
governmental entities were beginning bond projects as well. City Manager Noe added staff had
developed a number of strategies to preclude the problem ofless competition for bids on the various
Bond 2004 projects, which would be discussed during the bond project update. In addition, Mr.
Stowers said staffwould continue working with the Major Projects Committee to ensure the projects
were structured to allow for optimal local firm participation.
Mr. Scott asked if the building was properly sealed. City Manager Noe replied the city had
made a major effort several years ago to seal the building. He said there were still a few minor
problems, but by and large, staff felt the problem had been sufficiently addressed to recommend
moving forward with this project. City Secretary Chapa polled the Council for their votes as
follows:
9.a. ORDINANCE NO. 026030
Ordinance appropriating $3,920,900 from the unappropriated claim settlement from City
Hall Capital Improvement Project Fund No. 3160 for the City Hall Renovation Phase 2
Project; amending Capital Budget adopted by Ordinance No. 025647 by increasing
appropriations by $3,920,900.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and
Scott, voting "Aye".
9.b. MOTION NO. 2004-421
Motion authorizing the City Manager or his designee to execute a construction contract with
Barcom Commercial, Inc., of Corpus Christi, Texas in the amount of$3,524,900 for the City
Hall Renovation Phase 2 Project.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye".
Minutes - Regular Council Meeting
November 16,2004 - Page 8
9.c. MOTION NO. 2004-422
Motion authorizing the City Manager or his designee to execute Amendment No.4 to the
architectural contract for enhanced construction phase management services with Dykema
Architects, Inc., of Corpus Christi, Texas in an amount not to exceed $39,500 for City Hall
Renovation Phase 2 Project.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye".
Mayor Neal opened discussion on Item 17 regarding a computer software purchase. Mr. Bill
Kopecky, 3609 Topeka, expressed concern about the frequent updates needed for software
purchases, and about the city's use of out-of-town vendors rather than a local vendors. He also asked
for the fund source for this purchase. Director of Municipal Information Services (MIS) Ogilvie
Gericke replied the purchase was being made with MIS funds. He explained the recommended
vendor was approved by the Texas Department of Information Resources, offering the city a
discounted price. City Manager Noe added he did not believe there was a local vendor that could
provide Oracle licenses. City Secretary Chapa polled the Council for their votes as follows:
17. MOTION NO. 2004-430
Motion authorizing the City Manager or his designee to purchase a ten (10) processor based
perpetual Oracle Database Enterprise Edition license with twelve-month software update and
product support from MYTHICS of Virginia Beach, Virginia in the amount of$258,009.60.
MYTHICS is an approved Texas Department ofInformation Resources vendor.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye".
Mayor Neal opened discussion on Item 19 regarding the establishment of a school zone on
Kostoryz Road. The Mayor questioned whether this item actually addressed the concerns of the
residents in the Galvan Elementary School area, who he understood had requested a one-way traffic
pattern in the area. City Engineer Angel Escobar explained the school zone enhancements were a
necessary component of the area traffic management plan. He noted, however, that staff was
working with the principal, assistant principal, and the PT A to evaluate two additional proposals for
the area, which included plans for a one-way traffic pattern. Mayor Neal asked staff to clarify this
point with the residents, because some believed staff had abandoned the idea of a one-way traffic
pattern. City Secretary Chapa polled the Council for their votes as follows:
Minutes - Regular Council Meeting
November 16,2004 - Page 9
19. ORDINANCE NO. 026032
Amending the Code of Ordinances, Section 53-254, Schedule V, Increase of state speed limit
in certain zones, by establishing a school zone on Kostoryz Road:
A 25 mile per hour school speed zone on Kostoryz Road, when lights are flashing,
for a distance of 400 feet, from a point 200 feet north of the centerline of Masterson
Drive to 200 feet south of the centerline of Masterson Drive; and
providing for penalties. (First Reading 11/9/04)
The foregoing ordinance was passed and approved on its second reading with the following
vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting
"Aye".
* * * * * * * * * * * * *
Mayor Neal referred to Item 20, and a motion was made, seconded and passed to open the
public hearing on the following text amendment:
An ordinance amending Section 3-1.55 of the Zoning Ordinance to include window signs
within the definition of a sign.
City Secretary Chapa said the Planning Commission and staff recommended approval ofthe
zoning ordinance text amendment to the sign definition.
Director of Development Services Barbara Bailey explained the text amendment would
address a loophole in the sign ordinance which stated that items behind glass were not considered
a sign according to the city's definition. She said staff was requesting an additional amendment to
remove the words "out of doors" because staff was trying to regulate anything in view of the general
public intended to advertise a business. She said the amendment was considered to be non-
controversial. Mr. Scott made a motion to amend the ordinance as stated by Ms. Bailey, seconded
by Mr. Garrett, and passed.
No one spoke in opposition to the text amendment. Mr. Scott made a motion to close the
public hearing, seconded by Mr. Garrett, and passed.
Mr. Chesney asked if staffhad discussed the proposed amendment with any of the interested
parties (realtors, landlords, etc.) in the area. He said he had received a number of calls about the
proposed amendment, but was uncertain what the concern was. Ms. Bailey replied staff had
discussed the matter with the public, and had not received any comments. Mr. Chesney asked Ms.
Bailey to speak with Mr. Leon Loeb about the proposed amendment because he had some concerns.
Mr. Kelly was concerned the proposed amendment would inadvertently regulate signage
indoors, such as in a shopping mall, because it used the wording "placed in view of the general
public", which seemed to imply that any signage in view of the general public would be regulated,
whether or not it was visible from outside. Ms. Bailey replied negatively, saying the ordinance only
regulated signs communicating to the off-premises public. Mr. Kelly felt the ordinance as written
Minutes - Regular Council Meeting
November 16,2004 - Page 10
did not make this distinction. Ms. Bailey suggested that staff could add the wording "off-premises
general public" to address his concern. Mr. Kelly concurred with her suggestion.
Mr. Kinnison asked ifit was allowable to paint a sign advertising a business on the wall of
a two-story building. Ms. Bailey replied it depended on the zoning designation. With the exception
of the water-oriented zoning districts (e.g. Shoreline Boulevard or Padre Island), most zoning
districts had unlimited wall signage, so the example he cited would be allowed. Mr. Noe stated this
was one of the issues raised as a potential revision of the sign ordinance to be considered.
Mr. Scott expressed concern that the proposed amendment would affect boat stores or
furniture stores with displays behind glass at their stores. Ms. Bailey replied negatively, saying the
ordinance wasn't designed to affect these types of displays.
Mr. Scott accepted Mr. Kelly's amendment to his motion, changing the ordinance wording
to read "off-general public". The amendment passed unanimously. City Secretary Chapa polled the
Council for their votes on the amended ordinance as follows:
20. FIRST READING ORDINANCE
Amending the Zoning Ordinance by amending Section 3-1.55, Sign, by revising the
definition of a sign to no longer exclude a device or structure located within a building.
The foregoing ordinance was passed and approved as amended on its first reading as
follows: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott,
voting "Aye".
Mayor Neal referred to Item 21, and a motion was made, seconded, and passed to open the
public hearing on the following zoning case:
Case No. 0804-04. JJS&A Limited One Partnershio (Jack Tucker. Limited Partner): A
change of zoning from a "B-4" General Business District to an "A-IA" Apartment House
District with a PUD-2 Planned Unit Development. The property is in Flour Bluff and
Encinal Farm and Garden Tracts, Section 6, being 8.08 acres out of Lots 23 and 24, located
130 feet west of South Staples Street and 425 feet south ofY orktown Road.
City Secretary Chapa said the Planning Commission and staff recommended approval of the
"A-IA" Apartment House District with a PUD-2 Planned Unit Development.
Assistant Director of Development Services Michael Gunning reported the applicant's
proposed development would consist of 54 two-story units. The property was located west of Staples
Street, south of Yorktown Boulevard. The applicant proposed having a gated community with
private streets and a private pond, which required a Planned Unit Development classification. In
addition, he said the proposed development plans indicated zero-lot line construction of the
townhomes.
No one appeared in opposition to the zoning change. Mr. Chesney made a motion to close
the public hearing, seconded by Mr. Colmenero, and passed. Mr. Chapa polled the Council for their
Minutes - Regular Council Meeting
November 16,2004 - Page II
votes as follows:
21. ORDINANCE NO. 026033
Amending the Zoning Ordinance, upon application by JJS&A Limited One Partnership (Jack
Tucker, Limited Partner) by changing the zoning map in reference to 8.08 acres out of Flour
Bluff and Encinal Farm and Garden Tracts, Section 6, Lots 23 and 24, from "B-4" General
Business District to "A-IA" Apartment House District with a PUD-2 Planned Unit
Development District; amending the Comprehensive Plan to account for any deviations from
the existing Comprehensive Plan.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott,
voting "Aye"; Cooper was absent.
Mayor Neal referred to Item 22, and a motion was made, seconded, and passed to open the
public hearing on the following zoning case:
Case No. 1004-01. Henrv Tucker: A change of zoning from a "F-R" Farm-Rural District
and "R-IB" One-family Dwelling District to a "R-IB" One-family Dwelling District. The
property is in Flour Bluff and Encinal Farm and Garden Tracts, Section 26, being 153.51
acres out of Lots 16, 17, 18, 19,28,29,30, and 31, located east ofRodd Field Road, north
of Slough Road, and south of County Road 26-A (Brooks Road).
City Secretary Chapa said the Planning Commission and staff recommended approval of the
"R-IB" One-family Dwelling District.
No one spoke in opposition to the zoning change. Mr. Chesney made a motion to close the
public hearing, seconded by Mr. Colmenero, and passed. City Secretary Chapa polled the Council
for their votes as follows:
22. ORDINANCE NO. 026034
Amending the Zoning Ordinance, upon application by Henry Tucker by changing the zoning
map in reference to 153.51 acres out of Flour Bluff and Encinal Farm and Garden Tracts,
Section 26, Lots 16, 17, 18, 19,28,29,30, and 31, from "F-R" Farm Rural District and "R-
IB" One-family Dwelling District to "R-IB" One-family Dwelling District; amending the
Comprehensive Plan to account for any deviations from the existing Comprehensive Plan.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott,
voting "Aye"; Cooper was absent.
Mayor Neal referred to Item 23, and a motion was made, seconded, and passed to open the
public hearing on the following zoning case:
Minutes - Regular Council Meeting
November 16,2004 - Page 12
Case No. 1004-02. Atascosa Land and Cattle. Ltd.: A change of zoning from a "R-IB"
One-family DwelIing District to a "B-1" Neighborhood Business District. The property is
in Bass Subdivision, Block 28, Tract N, and a portion of Tract M, located north of Saratoga
Boulevard and 1,200 feet east of Airline Road.
City Secretary Chapa said the Planning Commission and staff recommended approval of the
"B-1" Neighborhood Business District.
No one spoke in opposition to the zoning change. Ms. Cooper made a motion to close the
public hearing, seconded by Mr. Colmenero, and passed.
Mr. Scott expressed concern about a new state law limiting the number of curb cuts along
a state highway to one every 1200 feet. Ms. Bailey explained the state's intent was not to deny
access to property; rather, the law was intended to provide safe and adequate access to property. Mr.
Noe added the state would probably negotiate with property owners on a case-by-case basis to
minimize the number of access points. Mr. Scott remarked the new law was going to become a
significant development issue on the city's southside because it affected several main roads, such
as Staples Street, Saratoga Boulevard, and Rodd Field Road. He felt the law could negatively affect
southside development opportunities, and stated the city needed to consider this an important policy
issue. City Secretary Chapa polled the Council for their votes as follows:
23. ORDINANCE NO. 026035
Amending the Zoning Ordinance, upon application by Atascosa Land and Cattle, Ltd. by
changing the zoning map in reference to Bass Subdivision, Block 28, Tract N, and a portion
of Tract M, from "R-IB" One-family DwelIing District to "B-1" Neighborhood Business
District; amending the Comprehensive Plan to account for any deviations from the existing
Comprehensive Plan.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and
Scott, voting "Aye".
Mayor Neal referred to Item 24, and a motion was made, seconded, and passed to open the
public hearing on the following zoning case:
Case No. 1004-03. Esperanza Garza and Gail Seal: A change of zoning from a "R-IB"
One-family DwelIing District and "AB" Professional Office District to a "B-1"
Neighborhood Business District. The property is in Alameda Park, Block 6, Lots I, 2, and
36, located east of Everhart Road and south of Avalon Street.
City Secretary Chapa said the Planning Commission and staff recommended approval of the
"B-1" Neighborhood Business District.
No one spoke in opposition to the zoning change. Mr. Noyola made a motion to close the
public hearing, seconded by Mr. Colmenero, and passed. City Secretary Chapa polled the Council
for their votes as follows:
Minutes - Regular Council Meeting
November 16,2004 - Page 13
24. ORDINANCE NO. 026036
Amending the Zoning Ordinance, upon application by Esperanza Garza and Gail Seal by
changing the zoning map in reference to Alameda Park, Block 6, Lots 1,2, and 36, from "R-
IB" One-family Dwelling District and "AB" Professional Office District to "B-1"
Neighborhood Business District; amending the Comprehensive Plan to account for any
deviations from the existing Comprehensive Plan.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and
Scott, voting "Aye".
Mayor Neal referred to Item 25, and a motion was made, seconded, and passed to open the
public hearing on the following zoning case:
Case No. 1004-05. WH & BH. Ltd.. Wm. H. Holms. Jr.: A change of zoning from a "R-IB"
One-family Dwelling District to a "B-4" General Business District. The property is in
Broadmoor Park No.2 Extension, Block C, Lots 6 and 7, located east of Sarita Street and
north of South Port Avenue.
City Secretary Chapa said the Planning Commission and staff recommended denial of the
"B-4" General Business District and in lieu thereof, approval of a "R-IB" One-family Dwelling
District with a Special Permit, subject to six (6) conditions.
Assistant Director of Development Services Michael Gunning reported the applicant
proposed using the subject property, consisting of two vacant lots with a total area of 0.296 acre, as
a parking lot associated with a grocery store use located to the south. Staff was recommending the
denial of the "B-4" District and approval of a Special Permit only for the parking lot use subject to
six conditions as follows: screening fence requirement; shielded and directional extemallighting;
and landscaping complying with "B-1" Neighborhood Business District requirements.
No one spoke in opposition to the zoning change. Mr. Chesney made a motion to close the
public hearing, seconded by Mr. Kinnison, and passed. City Secretary Chapa polled the Council for
their votes as follows:
25. ORDINANCE NO. 026037
Amending the Zoning Ordinance, upon application by WH & BH, Ltd., and Wm. H. Holmes,
Jr. by changing the zoning map in reference to Broadmoor Park No.2 Extension, Block C,
Lots 6 and 7 from "R-IB" One-family Dwelling District to "R-IB" One-family Dwelling
District with a Special Permit subject to six (6) conditions; amending the Comprehensive
Plan to account for any deviations from the existing Comprehensive Plan.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and
Scott, voting "Aye".
Minutes - Regular Council Meeting
November 16, 2004 - Page 14
* * * * * * * * * * * * *
Mayor Neal referred to the presentations on the day's agenda. The first presentation was
Item 26, an update on the wireless fidelity (WiFi) and automated meter reading (AMR) pilot
projects. Director of Municipal Information Systems (MIS) Ogilvie Gericke reported the Council
awarded contracts to three different vendors for the pilot projects as follows: Public Technology,
Inc. - design, implementation, and evaluation of automated meter reading (AMR) and wireless
broadband network (WiFi) pilot projects; Tropos Network - design and installation of the WiFi
pilot network; and Northrop Grumman - design and installation of the AMR pilot solution.
Mr. Gericke displayed a map delineating the boundaries of the WiFi and AMR pilot areas.
The WiFi project area was approximately 18.5 square miles, bordered by Everhart Road, Holly
Road, the Crosstown Expressway, and Ocean Drive. He also pointed out the two AMR pilot areas.
The first area was bordered by SPID, the Crosstown Expressway, Gollihar Road, and Kostoryz
Road, and the second area was bordered by Everhart, Alameda, Ocean Drive, and Doddridge.
Mr. Gericke briefly discussed the timeline for the project. He said the project was on
schedule as a whole. Regarding the WiFi project, he said the deployment ofWiFi devices at the
American Bank Center was complete. He said WiFi testing and evaluation was being conducted
now, and strategic planning was also in progress. Regarding the AMR project, he said the pilot
survey had been completed, the equipment had been ordered, and staff expected construction to
begin in December.
Mr. Gericke explained the difference between "hot spots" and contiguous coverage. He said
hot spots were common throughout the country, and were comprised of a small areas with broadband
data service. He said it was fairly inexpensive to deploy because of the small area size, but users
must come to the service areas, and cellular data service was required for service outside those areas.
It was economically, organizationally, and physically impractical, however, to deploy hot spots in
large networks to cover the entire city. By contrast, to achieve the contiguous coverage the city was
planning, Mr. Gericke described the "cellular mesh" process, which combines the ubiquity and
reliability of cellular without the cost and complexity of dedicated, per node wiring.
Mr. Gericke discussed the security measures for the proposed WiFi system. He said the city
was using a layered approach of security measures as follows: TROPOS - encryption between
devices; PRONTO - secure sign on; VPN and Netilla - secure Internet access; Cisco - firewall
protection; and VLAN - separation between communication links.
Mr. Gericke covered the estimated system costs for project implementation. Regarding the
meter infrastructure, he estimated that $3,220,405 in costs would be accrued to replace meters that
were incompatible with the AMR devices. In addition, approximately $2,729,475 in funding was
anticipated to replace old meters.
Regarding the automated meter reading costs, Mr. Gericke stated that approximately
$1,763,000 was estimated for consulting and project management. The pilot implementation project
was estimated to cost $597,248, and $16,595,288 was estimated for the build out for the project.
Regarding the WiFi project, Mr. Gericke said the pilot implementation was estimated at
Minutes - Regular Council Meeting
November 16,2004 - Page 15
$1,041,200, and additional $5,697,720 was estimated for the build out.
Mr. Gericke introduced Dr. Costis Toregas, president emeritus of Public Technologies
Incorporated (PTI), and Mr. Leonard Scott, MIS business unit manager, to provide more information
on the projects. Dr. Toregas made a brief presentation on the history ofPTI. Established in 1971
by the National League of Cities and the National Association of Counties, he said the organization's
goal was to ensure the latest technology was accessible to local governments. He was serving as
the project manager for the city's WiFi project, and provided an update on the city's project. He said
the city was on the threshold of becoming a global leader in this type of technology - to deploy a
wireless broadband network that would be available to all citizens in the city.
Dr. Toregas discussed the opportunities the proposed WiFi could present to the city. First,
he said deploying WiFi on a metropolitan scale could put Corpus Christi on the map with other
innovative and technologically driven cities because there was no other city of comparable size in
the world to have accomplished this feat. Second, he said the implementation ofWiFi could help
the city become the next "silicon valley". Third and last, he said citywide WiFi could empower all
residents by making connectivity more accessible.
Dr. Toregas discussed the economic development opportunities that citywide wireless
connectivity could present. First, he said entrepreneurs looking for wireless conductivity could start
a reverse exodus to the city. Second, WiFi could create an incubator potential for the next
generation of companies for wireless future. Third, tourism will have unique differentiation besides
its natural resources.
Dr. Toregas discussed the possibilities beyond economic development. WiFi could
strengthen democracy by bringing the government closer to the people, through electronic voting
and the like, and by providing connectivity to the "have-nots" in society. In addition, he said WiFi
could improve government service delivery, through a web-based emergency operations center
(EOe), work management system, permits and licenses, and video surveillance.
Dr. Toregas stated WiFi was a hot topic of conversation in the industry. He mentioned an
article by Mr. Neal Peirce entitled, "Whole Cities as Internet Hotspots? - The WiFi Revolution
Spreads". In addition, PTI held its 2004 Metro Mobile WiFi Network Summit in Corpus Christi,
drawing over 200 communities. Finally, he said WiFi enabled devices were flooding the
marketplace.
Dr. Toregas stated the key to the success of WiFi was to create partnerships in the
community. In the private sector and within the telecommunications industry, Wireless Internet
Service Providers (WISPs), applications providers, and the service industry were good candidates
for partnerships. Other governmental agencies( federal, state, and school) were also good candidates,
as well as neighborhood groups. Areas of common interest for partnerships include the maintenance
of the network, operations (e.g. billing and marketing), and applications for oversight.
Dr. Toregas covered a number of guiding principles for creating partnerships. First, each
partner must do what they do best, such as financing, support, creativity, and infrastructure. Second,
potential revenue sharing could be explored. Third, a clear vision of collective goals needed to be
established.
Minutes - Regular Council Meeting
November 16,2004 - Page 16
Dr. Toregas reiterated that staff was on target. He mentioned that staff anticipated the
technical components ofthe project would be in place by March 2005. He suggested the Council
could begin considering policy options now for the infrastructure and capacity.
Dr. Toregas announced the City of Corpus Christi had been selected by Intel as a Global
Digital City to showcase multiple solutions using WiFi. He said the city was the first of only two
or three cities in the this country, and no more than 10 cities in the world to be given this
designation. Intel would bring Proof of Concept (PoC) projects and a global campaign to further
promote the city.
Dr. Toregas speculated on the potential applications for WiFi that various industries may be
considering, such as insurance field claims, goods delivery support, RFID tagging and cargo
management, and homeland security and surveillance.
Dr. Toregas advised the city not to look for similar experiences in other cities because the
city was breaking new ground by offering citywide internet connectivity.
Dr. T oregas discussed several issues for consideration. First, the Council needed to consider
a number of policy issues behind the Wi-Fi deployment, such as whether to offer free access to all
residents or only to certain segments of the population. Second, the Council may want to consider
the creation of committees to oversee deployment, priority setting, and partnerships. Finally, he
encouraged the Council to stay the course.
Mr. Colmenero asked several questions regarding possible interference between the city's
wireless service and other devices. Mr. Leonard Scott, MIS business unit manager, said the city's
frequency would be set aside from other frequencies for general public use. In the event of a
conflict, he said staff would work with the entity to adjust their frequency to minimize any
interference. To date, Mr. Scott stated there had only been contacted on three occasions
Ms. Cooper asked Dr. Toregas to further explain how the city could attract technology-based
companies to the community. Dr. Toregas replied there were two strategies the city could take.
First, the city could target attract companies that specializing in wireless devices and wireless
service provision, acknowledging that there weren't many existing companies now, but it was a
growing field. Second, the city's economic development marketing campaign could promote
citywide wireless service to differentiate the city from other cities. He recommended the city create
a coherent and strong message to attract businesses. Ms. Cooper thanked staff and Dr. Toregas for
taking a leading role in seeking out this technology.
Mr. Kelly asked how adaptable the system would be to technological advances. Mr. Noe
replied the key was having consumer devices readily available that would allow them to utilize the
technology. He said Intel felt comfortable assuring a lO-tol5 year life span for consumer devices
that would make the use possible. Mr. Kelly asked if the system would allow for upgrades once the
IS-year life span had elapsed. Mr. Noe answered the long-term business plan needed to anticipate
technological advances, and build in revenue streams to fund upgrades and maintenance. Mr. Kelly
asked how much usage the system could handle before becoming overburdened. Mr. Noe replied
the system could be scaled to meet the required usage by adding devices. Mr. Kelly asked if
residents in the River Valley would receive the same level of service. Mr. Scott replied
Minutes - Regular Council Meeting
November 16, 2004 - Page 17
affirmatively, saying there would be devices placed every two to three street lights or intersections
throughout the city that would provide enough density for service.
Council Member Scott was enthusiastic about the proposed citywide WiFi system. He asked
when the discussions on policy issues would take place. Mr. Noe replied the discussions would take
place between now and February 2005. He said staff has had preliminary discussions with PTI to
develop alternative business models and cost issues. The next step would be to present the Council
with a number of alternatives, the pros and cons for each, and the policy issues involved. Staff
would then take Council's direction to narrow down the choices.
Mr. Kinnison stated he was looking forward to seeing more specifics on the proposed
business plan during the upcoming discussions. He was concerned how the AMR implementation
costs would affect utility rates. Regarding the WiFi, he felt it was crucial to have partners
designated up front and a good business plan to handle maintenance and upgrade costs before fully
deploying the project. He said the city was investing in the WiFi project with taxpayer money, and
it was important that the taxpayers receive a good rate of return. Overall, he was in support of the
project.
Mr. Chesney cautioned against building expectations too high in the event the city
experienced difficulty with the project. He said there were significant costs involved, and thus it
was important to ensure the city had partners willing to assume some of the risk and cost. He also
felt it was important that the public receive a good rate of return on the investment in WiFi. He was
in support of the project, however, and encouraged staff to work with the Economic Development
Corporation to promote WiFi to attract businesses.
Mayor Neal called for a brief recess to present proclamations.
*************
The Council returned from recess, and Mayor Neal called for petitions from the audience.
Mr. Wayne Hodge, 3626 Rodwood, spoke regarding concerns about manpower shortages in the
police department. Mr. Roland Garza spoke regarding freedom of speech and freedom of
association issues. Ms. Sherry Dunlap, 5825 Hopkins, stated staff had not provided her with
information requested by Mr. Chesney regarding animal control issues.
*************
Mayor Neal announced the executive sessions, which were listed on the agenda as follows:
36. Executive session under Texas Government Code Section 551.071 regarding Cause No. C-
04-94, Deborah J. Golder, et al v. City of Corpus Christi, et aI, in the United States District
Court for the Southern District of Texas, with possible discussion and action related thereto
in open session.
In addition, Mayor Neal announced an executive session related to Item 33 on the use of
public rights-of-way and property by pipelines pursuantto Texas Government Code Section 551.071
Minutes - Regular Council Meeting
November 16,2004 - Page 18
The Council went into executive session. The Council returned from executive session and
the following motion was passed with the following vote:
36. MOTION NO. 2004-433
Motion authorizing the City Manager to employ the law firm of Hermansen, McKibben,
Woosley & Villarreal, L.L.P. and Canales & Simonson, P.C. to provide legal representation
in Cause No. C-04-94, Golderv. City et aI, at an hourly rate not exceeding $150, subject to
certification of funds.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye".
Mayor Neal called for discussion on Item 33, the proposed pipeline ordinance. Mr. Chapa
explained staff was recommending a substitute motion for Item 33.a. to amend the pipeline
ordinance prior to second reading to change all references to ISO-foot right-of-way to 75-foot right-
of-way. There were no comments from the public. City Secretary Chapa polled the Council for
their votes as follows:
33.a. MOTION NO. 2004-431
Motion to amend the pipeline ordinance prior to second reading to change all references to
ISO-foot right-of-way to 75-foot right-of-way.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye".
33.b. ORDINANCE NO. 026023
Amending Chapter 49 of the City of Corpus Christi Code of Ordinances by adopting new
Article VII and amending Article IV, Section 49, relating to the requirement that all
pipelines in the City rights-of-way and in City-owned property be licensed or otherwise
authorized by the City; establishing procedures for the application for and granting of
licenses; establishing the charges for the use of City rights-of-way and City-owned property
by authorized and unauthorized pipelines; providing for protection of City rights-of-way and
City-owned properties and interests; reserving the City's claims for prior occupation of
public property by pipelines; providing for related matters; and other provisions related to
the subject matter of this ordinance; providing an effective date; providing for penalties;
providing for reservation of civil remedies. (First Reading 10/12/04) (TABLED ON
NOVEMBER 9, 2004)
The foregoing ordinance was passed and approved as amended on its second reading with
the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola
and Scott, voting "Aye".
*************
Minutes - Regular Council Meeting
November 16,2004 - Page 19
Mayor Neal referred to Item 28, a presentation on the status of the 2002 Animal Care Action
Plan. Ms. Cherrie Stunz, Animal Care Program Manager, reported their mission was to protect
citizens from rabies, apprehend stray, at-large, and unwanted animals, and to enforce city and state
laws.
Ms. Stunz reviewed the results of the 2002 action plan. The first component of the plan was
a study of the use oflethal injection vs. carbon monoxide for euthanizing animals. The outcome was
that carbon dioxide was no longer being used for euthanizing animals, replaced by lethal injection
with sodium pentobarbital.
The second component of the action plan was the creation of a new low cost spay and neuter
program. Ms. Stunz stated the outcome was that staff was committed to the continuance of a
program, including funding for public education. Staff was continuing their dialogue with
veterinarians to increase participation to provide services for low-income families.
The third component was to increase staffing. Ms. Stunz reported two staff positions were
added, an animal control field officer and an animal control kennel officer. In addition, she said the
animal care division was reorganized to include a field supervisor, a kennel master, and a
bite/cruelty investigator.
The fourth plan component was to increase community education efforts. Ms. Stunz said
all staff members were participating in the these efforts, including speaking engagements and
activities with the Neighborhood Improvement Program, pet fairs, schools, and colleges.
The fifth plan component was to revise the animal care facility hours to include Saturdays
from 10:00 a.m. to 4:00 p.m. Ms. Stunz said staff tried this arrangement for a year, but found the
facility did not have enough visitors to warrant the additional staffing expenses required. Thus, the
current facility hours were from 8:00 a.m. to 6:00 p.m. for the main office, 11 :00 a.m. to 6:00 p.m.
for the kennels, and closed on weekends.
The sixth plan component was to transfer the taking of citizen calls from animal care services
to the city call center. Ms. Stunz reported this call center was now taking calls regarding animal care
services, and calls were being dispatched through the Utilities Business Office.
The seventh plan component was to institute a volunteer program. Ms. Stunz stated animal
care services had an active volunteer program, headed by Mr. Jaime Luna, kennel master. She said
volunteer job descriptions included dog walkers, groomers, photographers, data entry, and tour
guides. In addition, Mr. Luna provided training sessions on various subjects, including animal
handling and safety, animal identification, vaccination and preventative health, people and kennels,
and fleas, ticks and other parasites.
The eighth plan component was to achieve 100% adoption of adoptable animals, and to have
two animal care staff members serve as adoption counselors. Ms. Stunz reported that all staff
members currently serve as adoption counselors, and the division was committed to meeting the
100% adoption goal.
The ninth plan component was to address the commercial breeding permits issue by
Minutes - Regular Council Meeting
November 16,2004 - Page 20
ordinance. Ms. Stunz stated the past ordinance did not define a "commercial breeder", and thus
animal care services was unable to enforce the ordinance. The issue was considered by the Animal
Control Advisory Committee, and they voted to remove the commercial breeder permits definition
from the ordinance.
Finally, the tenth plan component was to consider amending the current ordinance to
decrease the number of animals permitted from six to three. Ms. Stunz stated the committee had
taken no action on this issue at this time on this issue.
In conclusion, Ms. Stunz stated the animal care division's goal was to achieve compliance
through the enforcement of established ordinances, a "back to the basics" approach. In addition, she
said staff would continue to educate the public about spaying and neutering pets and responsible pet
ownership.
Mr. Kelly asked why it was preferable not to have a definition for commercial breeder in the
ordinance. Ms. Stunz replied staff and the advisory committee researched the issue, speaking with
other municipalities in the state and country. They found that no other cities currently had a
provision for commercial breeder permits because they did not feel they were necessary to address
animal overpopulation problems. There were a number of cities, namely Montgomery County, MD,
San Mateo County, CA, and Fort Wayne, IN, that previously had a commercial breeders permit
provision, but had rescinded it because of difficulty enforcing it. Ms. Stunz said their basic message
to the city was it was preferable to enforce existing ordinances, engage in a public information
campaign to encourage spaying and neutering, and encouraging responsible pet ownership.
Mr. Kelly was concerned about regulating certain aggressive breeds, such as pit bulls, and
felt a commercial breeders permit could be a regulation too\. Ms. Stunz replied that aggressive dogs
were more a product of their training rather than their breed. She emphasized the importance of
encouraging responsible pet ownership to counteract this. In addition, she said the proposed
ordinance included a more stringent definition of "dangerous animals". The animal care division
was also working with the city's environmental court to hold weekly administrative hearings
regarding aggressive animals.
Mayor Neal pointed out the proposed animal care ordinance was a regular agenda item, Item
29, for the Council's vote and consideration. Ms. Stunz was currently making a presentation on the
2002 Animal Care Action Plan, and he suggested the Council hold their comments on the ordinance
until he opened discussion on Item 29.
Mr. Garrett expressed concern that the animal care facilities were not open on Saturdays.
Ms. Stunz replied that due to budget constraints, the facility was unable to staff the facility on
Saturdays.
Mr. Chesney asked for more information on the commercial breeders permit controversy.
Assistant City Attorney Elizabeth Hundley replied there were two schools of thought regarding the
permits. One school asserted that if commercial breeders permits were defined and regulated, it
would serve as control against overpopulation. The other school of thought asserted that controls
on breeders permits did not affect the overpopulation issue, and breeders should not be legislated
regarding this activity.
Minutes - Regular Council Meeting
November 16,2004 - Page 21
Mr. Chesney noted that a commercial breeders permit definition had been included in one
draft of the ordinance, but was removed after a change in membership on the animal control
advisory committee. He was concerned that Council politics had affected the committee's decision.
Ms. Hundley replied that in the first draft of the ordinance, she had included a working definition
of a "breeder". Over several months, she said the definition evolved based on feedback from
different constituent groups. When the committee membership changed, she said the committee
decided to end the controversy by removing the breeder permit provision.
Mr. Chesney asked for staffs opinion on the breeders permits. Ms. Stunz felt the city would
be able to address problems with overpopulation and aggressive animals by enforcing its current
ordinances; thus, she did not feel that regulating breeders permits was necessary. Ms. Hundley
agreed, saying staff was broadening the definition ofa "dangerous animal" to include animals that
attacked other domestic animals without provocation.
*************
Mayor Neal opened discussion on Item 29, the first reading of the proposed animal control
ordinance. Ms. Stunz highlighted the significant changes to the ordinance. First, she said the animal
control services division was being formally renamed to the animal care services division. In
addition, the term "city license" was being changed to "city registration" to conform with state
regulations. Second, she stated the penalties assessed for violations were being increased from a
minimum of $25 to $50, and a maximum of $500 to $2,000. Third, there were a number of
clarifications and editing in the prohibited animal section.
Ms. Stunz highlighted a number of additions to the ordinance. First, staff was recommending
a change in restrictions on animals being sold at Easter by prohibiting sales of chickens, ducklings,
goslings, or rabbits thirty days before Easter Sunday, rather than ten days prior. Second, the
proposed ordinance contained a provision prohibiting the sale of animals on street comers without
a vending permit. Third, the ordinance contained a mandatory provision for spaying and neutering
of both dogs and cats. For cats, the ordinance will require all free-roaming cats to be spayed and
neutered after January I, 2006. For dogs, the ordinance will require owners of a dog which has not
been registered and vaccinated, and whose dog is not spayed and neutered, and whose dog has been
impounded for being at large, will be required to have their dog spayed and neutered within 30 days
of the dog's release from impoundment. If the dog is impounded a second time in a one-year period,
and is registered and vaccinated, but has not been spayed or neutered, then the animal must be
spayed and neutered within 30 days following the second release from impoundment.
Mr. Noyola asked what type of violation would warrant the maximum fine of$500 - $2,000.
Ms. Hundley replied the environmental court judge had the discretion to set the fine on a case-by-
case basis.
Mayor Neal asked for public comment. The following individuals spoke in support ofthe
proposed ordinance, and also in support of excluding the provision for a commercial breeders
permit: Ms. Joan Urban; Ms. Barbara Beynon; Ms. Susan Thiem; Ms. Sharon Massad; and
Commander Pamela Herkow. Mr. Abel Alonzo asked for clarification on the provision prohibiting
the sale of specific animals before Easter Sunday.
Minutes - Regular Council Meeting
November 16,2004 - Page 22
Mr. Scott thanked the animal control advisory committee for their efforts in developing the
proposed ordinance under difficult circumstances. He spoke in favor ofthe proposed ordinance, and
asked staff to strongly emphasize enforcement. Ms. Stunz replied staff was working with the
environmental court to strengthen enforcement efforts. Regarding curbside selling of animals, Mr.
Noe said the police department would work on increasing enforcement efforts, especially during the
weekends. City Secretary Chapa polled the Council for their votes as follows:
29. FIRST READING ORDINANCE
Amending the Code of Ordinances, Chapter 6, Animal Control by renaming the chapter;
redesignating existing Articles III, IV, V, and VI as Articles V, VI, VII, and VIII,
respectively; creating new Articles III and IV; renaming Articles I and II, redesignating
certain sections; revising the language of the chapter; providing for penalties.
The foregoing ordinance was passed and approved on its first reading with the following
vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott,
voting "Aye".
* * * * * * * * * * * * *
Mayor Neal referred to Item 27, a presentation on the Bond 2004 draft timelines for the five
propositions passed by the citizens on November 2, 2004. City Engineer Angel Escobar explained
staff used several critical factors to develop the proposed execution schedule. First, the timelines
were designed to meet the total bond 2004 program commitment to have all projects constructed
and/or under construction prior to November 2008.
Second, the goal was to minimize the number of reduced lanes and complete road closures
to allow for public safety and emergency vehicle access.
Third, the timeline was structured to allow for public access during construction to schools
and businesses, and ensure the safety of pedestrians and residents.
Fourth, the goal was to minimize traffic disruptions by not having multiple projects or roads
under construction in the same areas at the same time.
Fifth, the timeline was designed to minimize interference with usage of sports fields and
parks, league schedules, and golf courses under construction.
Sixth, stafflooked at coordinating and combining work with other approved and planned
projects, such as in the Lindale and SunnybrooklManshiem areas.
Seventh, staff was taking into account early starts for projects requiring long lead time, such
as those requiring federal or state permits, and land acquisition and rights-of-way requirements.
Eighth, the timelines accounted for project consolidation for schedule optimization and
economy of scale, such as in overlay projects and neighborhood street reconstruction.
Minutes - Regular Council Meeting
November 16,2004 - Page 23
Ninth, he said staff wanted to ensure the availability of resources such as consultants,
contractors, and suppliers, by maximizing local participation and schedules by maximizing local
participation and schedules. In addition, staff wanted to avoid overloading contractor bidding and
construction for bond 2004 projects, TxDOT projects, and county projects.
Mr. Escobar reviewed the complete list of bond 2004 project, totaling $95,000,000 for the
general obligation bonds, and $30 million for the related street utility work.
Mr. Escobar reviewed the bond 2004 project timelines for street improvement projects.
Regarding the street improvement projects, Mr. Kelly noted the Up River Road (Rand Morgan to
McKenzie) project was expected to be completed in 20 I 0, making it the last project completed. Mr.
Escobar replied the utility and drainage work associated with the project required a long lead time.
In addition, the work was being scheduled on one half of the road at a time to prevent the complete
closure. He said, however, that the timeline reflected the worst-case scenario for the project, and
it was possible the road could be completed much sooner than 45 months. Staff was working on
offering incentives and assessing penalties on contractors to motivate them to complete the work on
time. Mr. Kelly asked Mr. Escobar to expedite the project as much as possible.
Mr. Scott noted the Padre Island Aesthetic Development Project and the Park Road 22
project were joint projects with TxDOT. He asked if staff would work with TxDOT to facilitate the
project. Mr. Noe replied affirmatively, saying staff would work with the developers as well. Mr.
Escobar added that staff was recommending the projects for inclusion in the MPO future project list.
Mr. Scott asked if TxDOT gave priority to projects that already had funding. Mr. Escobar replied
affirmatively.
Mr. Escobar reviewed the bond 2004 project timelines for public health and safety, public
facilities, parks and recreation, and bayfront projects. In response to Mr. Kinnison's question, Mr.
Noe replied the southside fire station project and the southside library project completion dates have
been pushed to later years because of the O&M cost impacts of adding firefighters and city facilities.
If the city can find ways to fund the O&M costs earlier, then the construction timelines for the
projects would be accelerated. Regarding the southside library project, Mr. Kinnison asked staff
to explore potential partnerships with CCISD as well as the private sector by using a commercial
site. Regarding the windsport park improvements, Mr. Kinnison asked staff to coordinate with the
effort with the emerging interest group that has formed.
Mr. Escobar pointed out the city has over 100 projects under construction as of last week,
for a total of$289 million. He said half of the projects were being managed by private consultants
contracted by the city. The additional $125 million in work being proposed was feasible if the city
diligently supervised the projects and kept them on schedule. Staff would be relying project
managers and consultants even more so for these additional projects to maintain the pace. In
addition, Mr. Noe clarified that staff had not presented the proposed schedule to the Major Projects
Advisory Group, but would do this over the next few weeks.
Mayor Neal thanked Mr. Escobar and his staff for their successful execution of the Bond
2000 program. He said the success of this program was directly related to the passage of the Bond
2004, and he thanked staff for their diligence.
Minutes - Regular Council Meeting
November 16,2004 - Page 24
Mr. Scott pointed out the community would not begin to see visible signs of the
improvements until August or September 2005 because of the preparation needed. He asked staff
to communicate this to the public so their expectations will be accurate. Mr. Escobar agreed, saying
staff would continue to provide quarterly progress reports on the Bond 2004 program, as they did
for the Bond 2000 program.
* * * * * * * * * * * * *
Mayor Neal opened discussion on Item 34, the consideration of an appeal by NuP AC, Inc.
regarding the Cable Communications Commission's decision to decertifY the group as the Channel
10 Public Access Users Group (P AUG). He asked Mr. Chapa to briefly review the procedures for
conducting the appeal. Mr. Chapa stated the process called for the appealing party to present their
case to the Council within a time limit of no more than 20 minutes, including any rebuttal if desired.
The representative from the Cable Communications Commission would also be given a 20 minute
time limit with no rebuttal. Mr. Noe added that City Council questions, if any, would be asked only
after all presentations have been made. Mr. Chapa stated the Council would not solicit public
comment on this item.
Assistant City Manager Oscar Martinez referred to a memo updating the Council on the
NuPAC appeal. He briefly reviewed the background of the case, stating that on October I 1,2004,
the Cable Commission chose to decertifY NuP AC as the Channell 0 P AUG. On October 19,2004,
NuP AC filed an appeal, and on October 26, 2004, the Council chose to table the appeal to see if an
agreement could be reached. He noted, however, that as of today, the issues had not been resolved,
so the appeal was being brought to the Council.
Mr. Kinnison referred to an e-mail from Cable Commission Chairman Richard Pulido which
pointed out that NuP AC, Inc. had recently been dissolved, so technically there was no organization
to carry out the appeal. Mr. Kinnison made a motion to end the appeal process, and send it back to
the Cable Commission to conduct the process of certifYing a new P AUG, seconded by Ms. Cooper.
City Attorney Fischer agreed with Mr. Pulido's point that legally, there was no entity to carry out
the appeal. She said even ifthe Council were to decide on the appeal, the Council's choice would
be contingent upon the Cable Commission's certification of the group, per city ordinance.
Mr. Chesney took exception to the Council not hearing the appeal today. He felt the Council
would just be avoiding the inevitable, and he was upset that staff did not inform NuP AC about this
turn of events sooner. A discussion ensued regarding whether the Council should hear the appeal.
Mr. Noyola remarked the city ordinance did not require that the P AUG and the studio operators be
the same group. The Cable Commission would decide which group would run the P AUG, while the
city could oversee the studio contract. Mr. Martinez pointed out the ordinance did not require a
PAUG to be a SOI-C3 under state law; rather, the group was required to meet five conditions, such
as having by-laws that were being voted. Mr. Chesney was still opposed to the idea of not hearing
the appeal today.
Mayor Neal stated that Mr. Kinnison would withdraw his motion in light of the opposition.
Mayor Neal asked the NuP AC representative, Ms. Cruz Colomo, to present her case.
Ms. Colomo stated that NuP AC had been dissolved, but without the consent of the presiding
Minutes - Regular Council Meeting
November 16,2004 - Page 25
officers. Thus, she said the group was dissolved illegally by the former president, Mr. Bob Klepac,
and she took exception to this action. She resented Mr. Klepac's alleged attempts to undermine her
administration's leadership of the P AVG. Nonetheless, she said the group had reorganized as a new
coalition, with the same by-laws and the same officers, and they were ready to assume leadership
ofthe PAVG. She said she had the materials needed to submit their 501-C3 application to the IRS.
She took exception to Director ofE-Govemment Susan Cable's management of the issue because
she felt Ms. Cable was biased toward the previous administration ofNuP AC. She also felt the Cable
Communications Commission was biased against their group. She asserted that she had submitted
the information the commission had requested.
Mayor Neal noted that Ms. Colomo used her full 20 minutes to present her case, and thus
would not be able to make a rebuttal. He asked the representative of the Cable Communications
Commission, Mr. Richard Pulido, to present his case.
Chairman Pulido explained that the Cable Commission had decertified NuP AC because they
had consistently failed to comply with the requirements laid out in the city ordinance. He said the
commission made numerous attempts to work with NuP AC to bring them into compliance that were
documented in their meeting minutes, but to no avail. He said NuP AC chose to focus its efforts on
the actions of the prior administration rather than complying with the ordinance. Thus, he said the
commission had no choice but to decertify the group. He explained that the former NuP AC
president, Mr. Bob Klepac, was uncomfortable with the fact that his name still appeared on the legal
documents creating NuP AC because ofliability concerns. Therefore, he took the actions necessary
to dissolve the group.
Chairman Pulido thanked Ms. Susan Cable and Assistant City Attorney Lisa Aguilar for
providing the expertise and support the commission needed. He disagreed with Ms. Colomo's
characterization of Ms. Cable's management of the situation, saying she had conducted herself in
a professional manner.
Chairman Pulido emphasized the commission was not biased against NuP AC; rather, they
were simply fulfilling their charge to enforce the city ordinance. He cited problems with tape
distribution and delivery, among many others. He said the commission's main concern was to ensure
that the producers were able to air their shows on Channell O. Regarding the new coalition, he said
a lottery would be held on November 18, followed by a commission meeting. The producers would
vote on which organization they wanted to represent them as the PAVG. Then, he said the
commission would decide which organization would be certified as the PAVG, and he said they
would continue their efforts to work with group.
In conclusion, Mr. Pulido spoke in support of the commission's decision to decertify the
P AVG because of its failure to comply with the ordinance.
Ms. Cooper remarked that Ms. Colomo was faced with a challenge when she took over the
administration ofNuP AC because of the previous administration's mismanagement. She spoke in
support of sustaining NuP AC's appeal, in effect re-certifying them as the Channell 0 P AUG.
Mr. Chesney was skeptical that Mr. Klepac dissolved NuP AC merely because of liability
concerns. He asked what affect the Council's vote would have today. City Attorney Fischer
Minutes - Regular Council Meeting
November 16, 2004 - Page 26
explained that even if the Council decided to sustain NuPAC's appeal, the decision was subject to
confirmation by the Cable Communications Commission because the group had been dissolved, and
thus would be required to obtain certification from the commission.
Mr. Kelly asked which group had the burden of proof, the appellants or the commission.
City Attorney Fischer replied the appellant, NuP AC, would have the burden of proof. In response
to his question, Ms. Fischer said NuP AC was running the studio now, but was not required to do so
to remain the PAUG. She said the studio could be run by a separate entity. Thus, Mr. Kelly
concluded that any violations regarding the studio operations were irrelevant to the appeal. Mr.
Kelly referred to a letter from the commission providing a detailed list of 15 violations that NuP AC
had committed. He noted that during Ms. Colomo's presentation, she made no attempt to address
any of these allegations. Therefore, he said was leaning toward denying NuP AC's appeal.
Mr. Kinnison agreed with Mr. Kelly's point that Ms. Colomo made no attemptto address any
of the Cable Commission's allegations. Unfortunately, he said NuP AC's focus had deteriorated into
personal attacks, rather than attempts to address the violations. Therefore, he spoke in support of
denying NuP AC's appeal.
Mr. Noyola stated he wanted the conflict to finally come to an end. He spoke in support of
deferring the issue to the Cable Communications Commission, rather than having the Council make
a decision.
Mr. Scott made a motion to table the appeal until December 14 to allow the producers and
the Cable Commission time to designate and certify a new P AUG, seconded by Mr. Chesney. Mr.
Chesney asked Ms. Colomo a series of questions regarding her concerns about tabling the issue until
December 14. Ms. Colomo was opposed to tabling the appeal because she disagreed with allowing
the producers to hold an election for a new PAUG on November 18. She was upset that a new
group, headed by Mr. Jack Gordy, had emerged to contest her coalition's leadership of the PAUG.
If the Council did not sustain her appeal, she said her group would not participate in the election,
and would in fact take out a restraining order to prevent it from occurring. City Secretary Chapa
polled the Council for their votes on Mr. Scott's motion: Chesney and Scott, voting "Aye"; Neal,
Cooper, Garrett, Kelly, Kinnison, and Noyola, voting "No"; Colmenero was absent. The motion
failed.
A motion was made to deny the NuP AC appeal, seconded by Mayor Neal. City Secretary
Chapa polled the Council for their votes as follows: Neal, Kelly, Kinnison, and Noyola, voting
"Aye"; Chesney, Cooper, Garrett, and Scott, voting "No"; Colmenero was absent. The motion
failed.
The Council was deadlocked, and a discussion ensued over how to break the deadlock.
Mayor Neal asked what entity would hold the November 18 lottery, since there was no P AUG at this
time. Assistant City Manager Martinez replied the ordinance provided that in the absence of a
P AUG, the Cable Commission could conduct the lottery and continue with any P AUG services, such
as delivering the tapes. Mayor Neal reiterated that since NuPAC was dissolved, the Council's
decision on the appeal today was irrelevant because the certification of a P AUG ultimately fell on
the Cable Commission. Mr. Kinnison remarked this was why he had made a motion to end the
appeal earlier in the discussion. Mayor Neal concluded that the Council was unable to make a
Minutes - Regular Council Meeting
November 16,2004 - Page 27
binding decision on this issue. Thus, on November 18, the Cable Commission would oversee the
lottery, conduct an election allowing the producers to select a new P AUG, and then possibly certify
that PAUG that very day. He said the Council would uphold the commission's decision.
*************
Mayor Neal opened discussion on Item 30 regarding the FY 2006-2008 Transportation
Improvement Program (TIP) of the Metropolitan Planning Organization (MPO). Assistant City
Manager Ron Massey reported the MPO prepared a Transportation Improvement Program every two
years projecting street improvements over a three-year funding period. He said the MPO was
composed of two committees, the Technical Advisory Committee and the Transportation Policy
Committee.
Mr. Massey stated the MPO used TxDOT's 12 funding categories to manage transportation
projects. The City's recommended TIP contains projects in two funding categories as follows:
Category 7 - Metropolitan Mobility Fund; and Category II - District Discretional Fund.
Mr. Massey provided an update on projects funded in prior years. In FY 2004, the ADA
Accessibility Project on Alameda, Weber, and Santa Fe Streets was included in the TIP under
Category 7. He said the project was currently under construction.
In FY 2005, two separate improvement projects to Up River Road were funded as follows:
Southern Minerals Road to Hunter Road; and Hunter Road to Suntide Road. Mr. Massey noted the
projects were currently listed under FY 2004 TIP, but staff was recommending that the be moved
to the FY 2005 TIP as county projects. He said the city was requesting the inclusion of a small
section in the city limits that was currently excluded.
Mr. Massey highlighted the projects the city was recommending for inclusion in the FY
2006-2008 TIP. For FY 2006, the city was recommending the following projects: ADA
Accessibility Ramps (S. Staples-Leopard Street to Six Points); South Loop Corridor; Port Avenue
(IH-37 to US 181); Park Road 22 Bridge; and Padre Island Aesthetic Development (park Road 22 -
Causeway to SH 361). For FY 2007, the city was recommending the ADA Accessibility Project
(S. Staples St. - Six Points to Louisiana Pkwy.) for inclusion in the TIP. For FY 2008, the city was
recommending the ADA Accessibility Project (various locations in downtown area); Holly Road,
Phase III; and County Road 52 (US 77 to FM 1889).
Mr. Massey reviewed a brieftimeline of important dates in the TIP process. Today, the
Council was being asked to endorse the recommended projects for FY 2006-2008 TIP. On
November 18,2004, the Technical Advisory Committee would finalize the draft TIP for FY 2006-
2008. On December 2,2004, the Transportation Policy Committee would approve the draft TIP for
FY 2006-2008.
Mr. Kelly was concerned that County Road 52 was being recommended for funding in FY
2008 because it might be possible to obtain the county's share of the funding before that time. He
took exception to the fact that the MPO had not provided a breakdown on the percentage of the road
inside and outside the city limits as he requested. Mr. Massey understood the breakdown was 2/5
inside the city limits and 3/5 outside the city limits. Mr. Kelly was displeased that the project was
being delayed because CR 52 served as an arterial in the area. He asked if staffhad spoken with any
Minutes - Regular Council Meeting
November 16,2004 - Page 28
county commissioners to make the CR 52 improvements a higher priority. City Manager Noe
replied staff had not received direction from the full Council to pursue CR 52 as a higher priority
in order to contact county commissioners. Mr. Kelly pointed out that none of the other projects
being recommended as a result of a Council resolution. He reiterated his concern that CR 52 was
an important road and should be a higher priority. Mayor Neal inteIjected that the MPO had initially
recommended the project for the FY 2006 TIP. However, the county chose not to place CR 52 on
their recommended list of roads. Mayor Neal said the county judge did not consider CR 52 to be
a priority for the county; rather, the county was making CR 40 their priority. Since 3/5 of the road
was in the county limits, and in the absence of county sponsorship, the city would have to either
assume full responsibility for the cost, or obtain other sponsorships. He said when the new county
commissioner for the area, Ms. Peggy Banales, took office, he and Mr. Kelly could speak with her
to see if she could lobby for the funding.
Mr. Noyola spoke in support of making Holly Road, Phase III, a higher priority on the TIP.
Mayor Neal replied the Council could consider this, but emphasized that another project would have
to be sacrificed to do this. There were no comments from the audience. City Secretary Chapa polled
the Council for their votes as follows:
30. RESOLUTION NO. 026038
Resolution endorsing the recommended FY 2006-2008 Transportation Improvement
Program of the Metropolitan Planning Organization.
The foregoing resolution was passed and approved with the following vote: Neal, Chesney,
Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper and Colmenero were
absent.
Mayor Neal opened discussion on Item 31 regarding the Renewal Community project. Ms.
Patty Garcia with the Economic Development Office explained the America's Job Creation Act of
2004, passed in October 2004, allowed for the expansion of federally designated Renewal
Communities based on census tracts that had worsened between 1999 and 2000. The act allowed
the city to expand the Renewal Community to include five additional census tracts as follows: 5, 7,
13,35, and 50. This inclusion would bring the total population of the Renewal Community from
approximately 9,000 to 23,000. The additional population would allow more businesses in the
Renewal Community to take advantage of the federal tax incentives requiring 35 percent of their
employees to reside in the Renewal Community.
Due to the expansion in census tracts, Ms. Garcia stated staff was recommending to change
the application review process to consist of two dates, rather than an open application process on
a first come, first served basis. She said the Round I was being recommended to consider small
projects (less than $1 million), setting aside $4 million in funding. In Round 2, staff recommended
merging any unallocated monies from the Round I and awarding them to any sized project.
Ms. Garcia explained staff was seeking an 120-day extension from the IRS to consider
projects in the expanded area. Mayor Neal noted that of the $12 million approved during the last
round, staff had only received applications totaling $2.8 million so far. Mr. Kinnison asked if staff
could work with the Chamber of Commerce to solicit more applications. Mr. Noe replied staffknew
Minutes - Regular Council Meeting
November 16,2004 - Page 29
of a project that would consume most of the remaining funds, but needed the IRS to approve the
city's request for an extension.
Mr. Kelly spoke in support having setting aside funds especially for small projects. He asked
how a business would apply for the program. Ms. Garcia said the application was on the city's
website, or any interested parties could see her for an application. She said the city had hired an
accountant, Mr. Mannti Cummins, to assist businesses in filling out the applications at no charge.
She also described their efforts to publicize the program.
Mr. Kinnison asked if bars were exempt from the program. Ms. Garcia replied negatively.
Mr. Kinnison remarked there was a new bar being developed downtown, and he asked if staff had
contacted the developer about the project. Ms. Garcia answered affirmatively, saying staff had
offered assistance with the application, but the developer had not responded.
Ms. Garcia reviewed the recommended projects for the city to nominate to the program as
follows: Catamaran Properties, Ltd.; Lofty Developments, Ltd.; Coastal King, Ltd.; and Magill
Family Joint Venture.
Mr. Chapa announced staff was amending Item 31.c. to change the allocation for Coastal
King, Ltd. From $530,000 to $700,000, for revised total allocations of$2,855,000. A motion was
made, seconded and passed to amend Item 31.c. as read by Mr. Chapa. There were no comments
from the audience. City Secretary Chapa polled the Council for their votes as follows:
31.a. RESOLUTION NO. 026039
Resolution authorizing the City Manager or his designee to submit a request to the United
States Department of Housing and Urban Development CRUD) to expand the Renewal
Community to include Census Tracts 5, 7, 13,35, and 50 in order to foster investment and
economic development within the Census Tracts.
The foregoing resolution was passed and approved with the following vote: Neal, Chesney,
Garrett, Kelly, and Kinnison, voting "Aye"; Colmenero, Cooper, Noyola, and Scott were
absent.
31.b. RESOLUTION NO. 026040
Resolution adopting the Corpus Christi Commercial Revitalization Local Strategic Plan.
The foregoing resolution was passed and approved with the following vote: Neal, Chesney,
Garrett, Kelly, and Kinnison, voting "Aye"; Colmenero, Cooper, Noyola, and Scott were
absent.
Minutes - Regular Council Meeting
November 16,2004 - Page 30
3l.c. RESOLUTION NO. 026041
Resolution nominating projects to the Office of the Governor for Renewal Community
Commercial Revitalization Deductions.
The foregoing resolution was passed and approved as amended with the following vote:
Neal, Chesney, Garrett, Kelly, and Kinnison, voting "Aye"; Colmenero, Cooper, Noyola,
and Scott were absent.
3l.d. RESOLUTION NO. 026042
Resolution amending the Guidelines and Criteria for Granting Tax Abatement regarding
Renewal Community Facilities.
The foregoing resolution was passed and approved as amended with the following vote:
Neal, Chesney, Garrett, Kelly, and Kinnison, voting "Aye"; Colmenero, Cooper, Noyola,
and Scott were absent.
3l.e. RESOLUTION NO. 026043
Resolution authorizing the City Manager or his designee to execute an agreement with Lofty
Developments, Ltd. providing for temporary property tax abatement.
The foregoing resolution was passed and approved as amended with the following vote:
Neal, Chesney, Garrett, Kelly, and Kinnison, voting "Aye"; Colmenero, Cooper, Noyola,
and Scott were absent.
Mayor Neal opened discussion on Item 35, regarding a contract to manage the public access
studio by the Corpus Christi Coalition of Public Access Producers. Mayor Neal asked for public
comment. The following individuals spoke in favor of the contract: Mr. Emile Bolden; Mr. Ronald
Byers; Mr. Eldridge Snead; and Ms. Cruz Colomo. Mr. and Mrs. Jack Gordy, 4113 Bray, spoke
against awarding the contract to the coalition. Mr. Roland Garza spoke against awarding the
.contract until the group was certified.
Mr. Kinnison spoke in support of the more stringent financial controls included in the
contract. He asked why expenses for the facility were now deemed eligible for reimbursement. Mr.
Oscar Martinez, assistant city manager, replied non-equipment expenses were now being included
because it was very apparent that the status of the facility was directly related to the provision of
studio services. Mr. Kinnison spoke in favor of giving the Cable Commission the authority to
handle the reimbursement requests.
Mr. Chapa announced that Item 35.a. needed to be amended to change the wording from
"General Fund reserve" to "General Fund". A motion was made, seconded, and passed to approve
the amendment as read by Mr. Chapa. City Secretary Chapa polled the Council for their votes as
follows:
Minutes - Regular Council Meeting
November 16, 2004 - Page 31
35.a. ORDINANCE NO. 026044
Ordinance appropriating $7,000 annual grant provided by cable operators in the General
Fund .<...<... ,<.. for access studio equipment and facilities.
The foregoing motion was passed and approved as amended with the following vote: Neal,
Chesney, Garrett, Kelly, and Kinnison, voting "Aye"; Colmenero, Cooper, Noyola, and Scott
were absent.
35.b. MOTION NO. 2004-432
Motion authorizing the City Manager or his designee to execute a contract with Corpus
Christi Coalition of Public Access Producers for a 12-month period with a renewal option
of one additional one-year period, to manage a public access studio with City provided
equipment for use by public access producers for an annual grant of $7,000 for equipment
and facilities.
The foregoing motion was passed and approved as amended with the following vote: Neal,
Chesney, Garrett, Kelly, and Kinnison, voting "Aye"; Colmenero, Cooper, Noyola, and Scott
were absent.
*************
Mayor Neal called for the City Manager's report, and there was none.
Mayor Neal called for Council concerns and reports. Mr. Kinnison asked if the Council
would consider changing the December meeting schedule to December 7 and December 14,
cancelling the December 21 meeting. Mr. Chesney said he would be out-of-town, and staff raised
concerns about zoning publication dates. The Council did not concur with Mr. Kinnison's
suggestion.
There being no further business to come before the Council, Mayor Neal adjourned the
Council meeting at 5:50 p.m. on November 16,2004.
*************
2
a. ARTS AND CULTURAL COMMISSION - Two (2) vacancies with terms to 9-01-07 representing the
following categories: 1 - Dance and 1 - Music. (Mayoral appointment subject to confirmation by
Council)
DUTIES: To recommend the use, location, lease or purchase of works of art to be considered a part of
the beautification or cultural development of the City; to advise owners of private property in relation to
beautification of their properties; to prepare specifications for the maintenance of works of art and to
inspect such work for the guidance of the City departments concerned; to advise with respect to the
design of building, bridges or other structures on city property if submitted to the Commission; to study
and evaluate the activities in and the uses made of the Bayfront Arts & Science Park, and to plan the
Park's development for the future activities and uses.
COMPOSITION: 17 members appointed by the Mayor subject to confirmation by the Council for
three-year terms to provide advice on beautification and cultural development of the City. The
Commission shall represent the following categories: (2) marketing representatives; (2) Economic
Development/Tourism representatives; (2) Public Space/Public Art representatives; (2) YouthlEducation
representatives; and one representative from Music, Visual Art, Dance, Drama, Architecture, Texas
A&M University, Del Mar College, Civic Leader, and a Business development group such as the
Alliance, Hispanic Chamber of Commerce, etc. The mayor may solicit suggested nominations for such
appointments from the respective cultural organizations for the non-lay members. The Commission may
organize and elect a Chairman annually and adopt such administrative procedures as are necessary to
accomplish its purposes.
MEMBERS
Deborah Fullerton (Visual Art), Chair
Linda Avila (Texas A&M-CC), Vice-Chair
Chuck Anastos (Architecture)
Armando Camina (Public Art / Public Space)
Elia Gutierrez (Civic Leader)
Ed Grove (Marketing)
Chad Luhan (Business Development)
*Rose Zuniga (Dance)
Judith Prewitt, Ph.D. (Education/Y outh)
Daniel Garza (Economic Dev.l Tourism)
DeAnn Gould-Lancaster (Public Art! Public Space)
Anne Stewart (Del Mar College)
Lynda A.I. Jones (EducationIY outh)
J. Don Luna (Drama)
Marilyn Spencer (Economic Dev.lTourism)
*Brian York Grant (Music)
Daiquiri Richard (Marketing)
*Resigned
TERM
9-01-07
9-01-06
9-01-05
9-01-05
9-01-07
9-01-06
9-01-06
9-01-07
9-01-07
9-01-05
9-01-06
9-01-05
9-01-06
9-01-07
9-01-06
9-01-07
9-01-06
ORIGINAL
APPTD. DATE
8-24-99
2-22-00
12-12-00
10-08-02
2-22-00
8-24-04
8-24-04
11-11-03
8-24-04
8-24-04
11-11-03
11-13-01
6-17-03
6-17-03
11-11-03
8-24-04
10-08-02
INDMDUALS EXPRESSING INTEREST
Gloria T. Bilaye-Benibo
High School Counselor, West Oso Independent
School District. Received B.S. in
Biology/Education and Masters in Counseling.
Community activities include: Coastal Bend Annual
Odycee! Youth Award, African Cultural
Extravaganza, and West African Dance Troupe
Director, Black History Cultural Committee and
Coastal Bend Association of Nigerians. (Dance)
(5-25-04)
Joye A. LaBarrett
Executive Director, Corpus Christi Ballet. Attended
Ventura College, Northampton Community College
and Texas Chiropractic College. Activities include:
C. C. Symphony Board of Directors Brazilian
Rhapsody Committee, C.C. Symphony Orchestra
Society, C.C. Chamber of Commerce By the Bay
and HEB Feast of Sharing. (Dance or Music) (11-
03-04)
James A. Rennier, Ph.D.
Chair of the Department of Music, Texas A & M
University. Received Ph.D. in Fine Arts -
Interdisciplinary Music Administration from Texas
Tech University. Activities include: C. C.
Symphony Orchestra Board of Directors, C. C.
Young Artist's Competition Board of Directors,
National Association of Schools of Music and the
Texas Association of Music Schools. (Music) (9-
24-04)
Ping-Jung Tintera
Professor, Texas A & M University - Corpus
Christi. Received B.A. in Intemational Business
and Business Mathematics, M.A. in Mathematics,
and Ph.D. in Educational Leadership. Activities
include: Board member of Fryderyk Chopin
Society for music and volunteer at local chess
federation (OCBCF) as tournament director.
(Music) (9-27-04)
Van P. Villa
Received B.A. in French and M.A. in French
Literature. Member of the Ballet Nacional Dance
Center, Asian Museum and the Carroll Choir
Booster Club. (Dance) (3-05-03)
b. COASTAL BEND COUNCIL OF GOVERNMENTS - Two (2) vacancies representing the alternate
positions.
DUTIES: Shall prepare and recommend to participating local govemments, urban metropolitan, and
rural area plans, looking to the present and future needs of the Region. Such plans may include
recommendations for land use, traffic circulation, major streets and highways, general location of public
works, the development of major educational facilities, and related problems of development.
COMPOSITION: City shall appoint nine (9) members for two-years (but terms shall be at the
complete discretion of the City Council), at least four (4) being elected officials.
MEMBERS
TERM
Council Member Bill Kelly
Council Member Javier Colmenero
Council Member Henry Garrett
Council Member Mark Scott
George K. Noe, City Manager
Ed Garafia, Water Superintendent
ClifMoss
Ron Massey, Assistant City Manager
Margie Rose, Assistant City Manager
4-30-05
4-30-05
4-30-05
4-30-05
4-30-05
4-30-05
4-30-05
4-30-05
4-30-05
(Note: City Manager George K. Noe is recommending Yvonne Haag and Oscar Martinez to fill the
vacant alternate positions.)
ALTERNATES
Armando Chapa, City Secretary
Tom Utter, Special Assistant to the City Manager
VACANT
VACANT
U. Adame, Fire Chief
Angel Escobar, Director of Engineering
Ogilvie Gericke, Director of MIS
c. CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION - One (1)
vacancy with three-year terms to 1-08.
DUTIES: To perform as an advisory board to the City Council and to investigate and recommend to the
Council such projects as in its opinion would be advantageous to the future growth of the City and to
assist the City in the establishment and location of industries.
COMPOSITION: Fifteen (15) directors, four (4) directors appointed by the City Council for three-
year staggered terms. The remainder of the Board shall be comprised of not more than six (6) persons
elected by the Corporation's membership in accordance with its bylaws, two (2) appointed by the Port
and one (I) appointed by the County; the Mayor and County Judge shall also serve as ex-officio, voting
directors. The City Manager shall serve as an ex-officio, non-voting member. A representative from
San Patricio County shall serve a one-year term. The directors shall serve three-year terms staggered as
provided in the Corporation's bylaws; provided that the term of office of any director who is a public
official shall coincide with his or her term of public office.
MEMBERS
Jim Barnette (Membership), Chair
Edward Martin (City)
Gloria Perez (City)
Joe Elizondo (City)
*Gene Guernsey (City)
Bill Dodge (port Authority)
Bernard Paulson (port Authority)
Dennis Payne (Membership)
Al Jones (Membership)
Tony LaMantia (Membership)
Colleen McHugh (Membership)
David Engel (Membership)
VACANT (County)
Rep. Judy Hawley (San Patricio)
County Judge
Mayor
City Manager
*Seeking reappointment
TERM
1-06
1-01-07
1-01-06
1-01-07
1-01-05
1-07
1-06
1-06
1-06
1-07
1-07
1-06
1-05
1-05
Term of office
Term of office
Ex-Officio, Nonvoting
ORIGINAL
APPTD.DATE
02-22-00
12-11-01
12-10-02
12-10-02
ATTENDANCE RECORD OF MEMBER SEEKING REAPPOINTMENT
NO. OF MTGS.
NAME THIS TERM
Gene Guernsey (City) 12
NO.
PRESENT
12
% OF ATTENDANCE
LAST TERM YEAR
100%
OTHER INDIVIDUALS EXPRESSING INTREST
J.C. Ayala
OwnerlTravel Agent, Let's Travel. Current
member of the Chamber of Commerce and Hispanic
Chamber of Commerce. Graduate of Mexico
Tourismo. (11-15-02)
Jane Bakos
Vice-President, Christus Spohn Health System.
Master's degree in Healthcare Administration,
Arizona State University. Professional and
community activities include: American College of
Healthcare Executives, Texas Hospital Association,
YMCA Board member, and American Heart
Association Regional Chairperson. Named
Corporate Business Leader of the Year by YMCA
"Women in Careers", 2001. (11-26-02)
Gerald W. Brown
Business Apprasier, RSI & Associations, Inc.
Received degrees in Economics and Finance in
North Virginia. Activities include: Institute of
Business Appraisers, National Center for Employee
Ownership and the Chamber of Commerce. (4-26-
04)
Kent Byus, Ph.D.
Associate Professor in the College of Business,
Texas A&M-Corpus Christi. Ph.D. from New
Mexico State University and M.B.A. form Texas
Tech University. Recipient of the Volunteer of the
Year Award in 2000 from the Greater Muskegee
Area Chamber of Commerce, Muskogee,
Oklahoma. Strategic planning consultant to
Northeastern State University, Tahlequah,
Oklahoma. (10-18-02)
Terry Carter
President/CEO, Corpus Christi Chamber of
Commerce. Received B.S. in Quantitative Finance
from the University of South Alabama. Activities
include: Corpus Christi Rotary Club and YOU
Executive Committee. (12-07-04)
Arturo Casillas
Officer, Nuway International, Inc. Received some
college hours and special training for National
Council for Economic Business Opportunities.
President of Associated General Contractors. (11-
22-04)
Aaron Cooley
Executive Director, The Center for One America.
Received a B.A. in Anthropology and M.A. in
Education from the University of North Carolina.
Professional memberships include: American
Educational Research Association, Comparartive
and International Education Society, Popular
Culture Association and Philosophy of Education
Society. Extensively traveled through Central
America and Europe. (4-20-04)
Philip A. Farina
Federal Policerrraining Officer, U.S. Department of
Defense. Received Associates in Business
Administration and Applied Technology from
Gwinnett Technical College and Bachelor in
Business Administration from Texas A & M
University. Member of the American Society of
Law Enforcement Training. (01-10-03)
Donald M. Feferman
Self-employed Attorney. Received B.S. at Wharton
School of Finance, University of Pennsylvania and
J.D. from Harvard Law School. Member of the
Jewish Community Council, Temple Beth El,
Community Development Corporation, Leadership
Corpus Christi alumni, and the Committee on
Development of Existing Industries Task Force.
(12-31-03)
Gilbert Fuentes
Realtor, Christi Properties. Received Masters from
Texas A & M University- Corpus Christi. Member
of Fighting to Rid Against Gangs. (11-18-04)
Eddie Gamez
Refinery Accounting Superintendent, Valero
Refining Company. B.B.A. in Accounting from
Corpus Christi State University. Licensed C.P.A.
since 1982. Community activities include:
Leadership Corpus Christi Class 31, Valero
Volunteer Council President, and former member of
Crime Control and Prevention District board of
directors. (10-28-02)
Herbie Garcia, Jr.
President, Netreadygo.com, Inc. M.B.A. and
B.B.A. in MIS from Texas A&M-Corpus Christi.
Member of Hispanic Chamber of Commerce,
LULAC and Who's Who in Information Systems
Processing. Employed as a Senior Planner with the
City of Houston and Manager in Texas Governor's
Office during Richards administration. Member of
city's Ethics Commission. (4-06-04)
Mike T. Johnson
Administrator, Christus Spohn Hospital South.
Vice-President, Christus Spohn Health System.
M.P.A. in Public Administration, Texas Tech
University. Certified Registered Nurse and
Licensed Nursing Facility Administrator.
Professional activities include: Diplomat, American
College of Healthcare Executives - Regional
Advisory Board and American College of
Healthcare Administrators. (4-01-02)
Ed A. Lopez
Executive Vice-President / Chief Lending Officer,
The Bank of Alice. B.B.A. in Finance, Texas A&I
University; Graduate School of Banking, University
of Wisconsin at Madison. Community activities
include: former member of the Coastal Bend
Workforce Development Corporation, Housing
Authority board and Boys and Girls Club; current
member of Hispanic Chamber and Texas Appraisal
and Licensing Board. (7-22-02)
Chad Luhan
Project Controls, Bay Ltd. B.S. in Environmental
Biology from Texas A & M University - Corpus
Christi. Pursing a Master's in Business
Administration. Member of the Padre Island
Business Association and a Youth Minister at St.
Andrews by the Sea. Prior involvement in C.C.Yes
Surfers for Packery Channel and Beautify Corpus
Christi. (4-09-03)
Donna Morgan
Rental and Sales Agent, Group One Real Estate.
Attended some college. Interested in serving
community. (3-23-04)
Jim Pair
President, Mortgage Associates Corpus Christi.
Received B.S. in Finance from Texas Christian
University. Member of the National Association of
Mortgage Brokers and the Texas Association of
Mortgage Brokers. (1-15-04)
Jamie Pyle
Vice President, Pyle & Associates, Inc. Received
B.S in Civil Engineering from Oklahoma State
University. Activities include: Boy Scout Venture
Troop Advisor, Southside Rotary Club Member,
After Hours Quilters Vice President, Leadership
Corpus Christi and Texas Society of Professional
Surveyors. (8-09-04)
Z. Paul Reynolds
Assistant Director/University Center, Texas A & M
University. Received B.Ed. from University of
Toledo, M.S. Ed. and Ed. D. (ABD) from
University of Pennsylvania. Member of the
Association of College Unions International,
National Association of Student Personnel
Administrators, and Paths of Courage. (5-19-03)
Bill Riclunond
Senior Partner, Wienerschnitzel. Received B.S. in
Engineering form Texas A & M University.
Activities include: CCCC Foundation, Leadership
Corpus Christi and FOCUS. (1-08-04)
Joseph Rodriguez
Recent graduate of the University of Houston
receiving a B.A. in International Business and
minor in Economics. (11-17-03)
Clark Smith
Broker, The Village Realty. Received B.A. from
Baylor University. Attended CCSU and Del Mar
for Continuing Education in Computer Science and
Real Estate. (1-01-04)
Jerry Smith
Director of Sales, Solomon P. Ortiz International
Center. Received A.A. in Hotel Management.
Activities include: President of the Coastal Bend
Hospitality Sales and Marketing Association, C.C.
HoteI/Motel Condo Association, C.C. Chamber of
Commerce and C.C. Convention and Visitor's
Bureau Industry Partner. (4-17-04)
Jane H. Stanford, Ph.D.
Consultant, Strategic Management Solutions.
Serves as an adjunct professor at Texas A&M -
Corpus Christi. Ph.D. in Organization Theory and
Strategic Management and an M.B.A. Current
member of Leadership Corpus Christi Class XXX,
the Chamber of Commerce and the Hispanic
Chamber of Commerce. Currently serving on the
Water Resources Advisory Committee. (1-19-01)
John S. Taylor
Director of Business Development, Zachry
Construction Corporation. Received a B.S. from
Sam Houston State and M.A. from Texas A & M
University. Member of the Associated General
Contractors, Rotary Club, C.C. Mustangs. Active in
the C.C. Windsurfing Association, Plumeria
Society. (1-11-03)
Larry J. Urban, P.E.
Co-Founder and Partner, Urban Engineering. B.S.
in Engineering from Texas A&M University.
Member of the Texas Society of Professional
Engineers, Chamber of Commerce. Community
activities include: Director, Youth City; Director,
American National Bank; Curriculum advisor for
Del Mar College and Texas A&M University; and
Chairman of the Board, Ada Wilson Children's
Rehabilitation Hospital. (9-25-02)
Curtis Weidner
Case Manager, Communities in Schools. M.S. in
Secondary Education and M.S. in Educational
Administration. Member of the Coastal Bend
Advocacy Development Program. (11-22-02)
Hunter Young
Assistant Vice President of Commercial Lending,
Value Bank Texas. Received B.A. in Management
and attended the University of Hawaii at Manoa for
Hotel and Club Management. Member of the
Coastal Conservation Association, C.C. Focus, First
United Methodist finance committee and Sunday
School teacher and the Builder's Association. (5-
10-04)
d. ETHICS COMMISSION - Three (3) vacancies with three-year terms to 10-01-07. (Appointed
by two-thirds vote of the full Council)
DUTIES: In addition to having jurisdiction of complaints involving any "city official", the duties of
this commission are to prepare and publish pamphlets and other materials explaining the duties of
individuals subject to the code of ethics; review all statements and reports filed with the city; annually
review the code of ethics and make appropriate recommendations to the city council; review all public
opinions related to the code of ethics that are issued by the city attorney; prepare and disseminate a
report listing all campaign contributions and expenditures for each candidate within 30 days following
the deadline for filing the last campaign finance reports for each city council election. The commission
shall have such meetings as may be necessary to fulfill its responsibilities. The chairperson or any three
(3) members may call a meeting provided that reasonable notice is given to each member. The
commission shall meet at least once a year. The date of the annual meeting shall be in September. The
commission shall comply with the Texas Open Meetings Act.
COMPOSITION: Nine members appointed by a two-thirds vote of the full council. Nominations are
to be solicited from a wide variety of professional and community organizations in the city but interested
individuals may also submit their names for consideration. Initially, the terms of three members shall be
one year, and the initial terms of another three terms shall be two years. The persons having such
shorter terms shall be determined by lot. No holding over is permitted except as expressly provided in
the code of ethics. The commission shall elect a chairperson and a vice-chairperson.
MEMBERS
Gloria Perez, Chairperson
Harlan Heitkamp
Rev. Derrick Reaves
Fred Haley
*Harold R. Fredrickson
Joe Guzman
**Captain Craig Reynolds
***Robert N. Corrigan.
James Richard Cramer
TERM
10-01-06
10-01-06
10-01-05
10-01-05
10-01-04
10-01-06
10-01-04
10-01-04
10-01-05
ORIGINAL
APPTD. DATE
11-09-99
11-11-03
10-12-99
11-14-00
6-12-01
10-14-03
6-13-00
10-14-03
10-14-03
*Resigned
**Not seeking reappointment
***Seeking reappointment
ATTENDANCE RECORD OF MEMBER SEEKING REAPPOINTMENT
NAME
Robert Corrigan
NO. OF MTGS.
THIS TERM
5
NO.
PRESENT
3
% OF ATTENDANCE
LAST TERM YEAR
60%
OTHER INDIVIDUALS EXPRESSING INTEREST
David Amori
Branch Manager, Professional Service Industries,
Inc. Received B.S. from the University of Colorado
and M.S. from the University of Birmingham.
Member of the American Society of Civil
Engineering and Counsel of Engineer Consultants.
(7-07-03)
Terry Carter
President/CEO, Corpus Christi Chamber of
Commerce. Received B.S. in Quantitative Finance
from the University of South Alabama. Activities
include: Corpus Christi Rotary Club and YOU
Executive Committee. (11-07-04)
James Chrobocinski
Manager-Skilled Nursing, Corpus Christi Medical
Center. Registered Nurse through Del Mar College.
Activities include: volunteer in athletic program at
Baker Junior High and multiple committees at
Corpus Christi Medical Center. (10-18-04)
Gilbert Fuentes
Realtor, Christi Properties. Received Masters from
Texas A & M University - Corpus Christi. Member
of Fighting to Rid Against Gangs. (11-18-04)
Linda Figueroa
Office ManagerlParalegal, Yssasi & Yssasi, P.e.
Attended Texas A & I University and the University
of Houston. Vice President of the Texas
Democratic Women and Robstown RIDC. (9-30-
04)
Jack Gordy
Retired military. High school graduate plus one
year at Del Mar College. (8-19-04)
Rick Marcantonio
T-45 Program Manager, L-3 Vertex Aerospace.
Received B.S. in Oceanography at U.S. Naval
Academy and M.S. in National Resource Strategy at
Industrial College of Armed Forces. Activities
include: Vice President of C.C. Bay Area Council
of Navy Leage, Vice President of Flour Bluff
Athletic Booster Club, and St. Paul's Stewardship
Committee Association of Naval Aviators. (11-15-
04)
Jamie Pyle
Vice President, Pyle & Associates, Inc. Received
B.S in Civil Engineering from Oklahoma State
University. Activities include: Boy Scout Venture
Troop Advisor, Southside Rotary Club Member,
After Hours QuiIters Vice President, Leadership
Corpus Christi and Texas Society of Professional
Surveyors. (8-09-04)
Jennifer Starr
Received Bachelor's in Psychology and
Professional Human Resources Certification.
Current volunteer with the Humane Society. (11-
11-04)
Sharlene Sexton
Deputy Executive Director, Corpus Christi Housing
Authority. M.A. in Human Resource Development
and Business Management, Webster University.
Has 25 years of military service. Member of
Leadership Class XX. (1-16-03)
Elizabeth Tinney Wilson
Director of Training and Development, United
Way. Received B.A. from Texas A & M
University. Current activities include: President of
Association of Fundraising Professionals - Coastal
Bend Chapter, Executive Women International,
American Red Cross, Harbor Lights, Corpus Christi
Hispanic Chamber of Commerce and the Corpus
Christi Chamber of Commerce. (11-08-04)
e. MUSEUM OF SCIENCE AND HISTORY ADVISORY COMMITTEE - Two (2) vacancies with
terms to 9-01-06 and 9-01-07 representing the following categories: I - nominated by CCISD and I -
nominated by Friends of the Museum. (Mayoral appointment subject to confirmation by Council)
DUTIES: To consult with the Museum Director on operation of the museum, to act as advisory to the
City Council on matters pertaining to the operation, support, and development of the Corpus Christi
Museum.
COMPOSITION: Twelve (12) members appointed by the Mayor, with advice and consent of the
Council, to be selected as follows: I nominated by CCISD Board; 3 nominated by Friends of the
Museum; 2 nominated by Museum Auxiliary; and 6 by the Mayor who shall seek suggestions from
Friends of the Museum, Museum Auxiliary, Museum Advisory Board, and from Board of Trustees of
other Corpus Christi school districts. Ex-officio members shall include the City Manager and
Superintendent of CCISD, or their designated representatives. The term of each advisory member shall
be three years.
MEMBERS
Phyllis Howerton Riddle (Museum Aux.) - Vice
Dr. Alexey Sadovski
Angie Flores (Friends of the Museum)
Joe E. Martinez Jr. (Friends of Museum)
Linda Scott (Museum Auxiliary)
Dr. Grady Price Blount
*Dr. Sharon D. Brower (CCISD)
VACANT (Friends of the Museum)
Randy Lara
Anna Peterson
Bill Richmond
Dr. Margaret Ellen Bolick
City Manager
CCISD Superintendent
*No longer the CCISD representative
TERM
9-01-07
9-01-07
9-01-06
9-01-05
9-01-07
9-01-05
9-01-06
9-01-07
9-01-05
9-01-06
9-01-07
9-01-06
Ex-officio, nonvoting
Ex-officio, nonvoting
ORIGINAL
APPTD.DATE
2-12-02
2-13-01
5-13-03
10-08-96
10-12-04
10-08-02
1-21-03
10-08-02
2-13-01
10-12-04
9-23-03
(Dr. Sharon Brower has changed jobs and is no longer the official representative of CCISD.
The Corpus Christi Independent School District is nominating Cheryl Gillenwater to replace
Dr. Brower as their representative. The Friends of the Museum is nominating Dr. Sharon
Brower to fill their position.)
Cheryl Gillenwater
Elementary Science Program Advisor, Corpus
Christi Independent School District. Received B.S.
in Life-Earth Science, M.S. in Curriculum and
Instruction and M.S. in Educational Administration.
(CCISD) (12-08-04)
Dr. Sharon Brower
Office of Research, Testing and Evaluation, Corpus
Christi Independent School District. Received B.S.
in Biology, Masters in Education, and Doctorate in
Educational Leadership. Activities include:
Landmark Commission, Health Advisory
Committee, and School Board of Lord of Life
Lutheran Church. Received awards for Outstanding
Science Teacher, Teacher of the Month, and
Southeastern United States Outstanding Earth
Science Teacher. (Friends of the Museum) (12-
07-04)
f. NORTH PADRE ISLAND DEVELOPMENT CORPORATION - Four (4) vacancies with two-year
terms to 12-31-06.
DUTIES: To manage the Reinvestment Zone No. Two and implement the project and financing plan.
COMPOSITION: Not less than five (5) nor more than nine (9) directors, appointed by the City
Council. Each initial Director shall serve a term that expires on December 31, 2002; thereafter, terms
are two years. Each director must be a resident and qualified elector of the city. Each Director shall
serve until a successor is appointed. Any director may be removed from office at any time, with or
without cause, by the City Council of the city.
MEMBERS
TERM
Samuel L. Neal, Jr., President
Mark Scott, Vice President
Brent Chesney
Javier Colmenero
Melody Cooper
Rex A. Kinnison
John Longoria
Jesse Noyola
12-31-05
12-31-05
12-31-05
12-31-04
12-31-05
12-31-04
12-31-04
12-31-04
*Terms are due for Javier Colmenero, Rex A. Kinnison, John Longoria, and Jesse Noyola.
g. OIL AND GAS ADVISORY COMMITTEE - Four (4) vacancies with three-year terms to 12-31-07
representing the following categories: 1 - General Public, 2 - Oil Industry and 1 - Alternate General
Public. (Mayoral appointment subject to confirmation by Council)
DUTIES: The committee shall make a continuing study of operations for the exploration, drilling, and
production of oil, gas and minerals and the possible effects of same upon the environment, public health,
safety and general welfare of the City.
COMPOSITION: Eight (8) persons who are residents of Corpus Christi: three (3) members from the
oil and gas well industry; three (3) members from the general public who are not connected with the oil
and gas well industry; and two (2) alternates: one (1) from the general public to serve in the absence ofa
public members, and one (1) from the industry to serve whenever an industry member is absenl. 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 three-year terms ending December 31, and may succeed
themselves. Meetings are called by the Chairman or any three (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
Michael Woodcock (General Public), Chair
Charles Jacobs (Oil Industry), Vice Chair
*Ron Ruiter (General Public)
Charles West (General Public)
**Sharon Johnson (Oil Industry)
***Juan N. Cabasos (Oil Industry)
***Robert DeLeon (Alt, General Public)
Clifton McMasters (All., Oil Industry)
TERM
ORIGINAL
APPTD. DATE
12-31-06
12-31-06
12-31-04
12-31-05
12-31-04
12-31-04
12-31-04
12-31-05
1-09-01
12-16-03
2-19-02
1-07-97
4-14-98
12-16-03
4-30-02
6-22-04
*Not seeking reappointment
**Has met the six-year limitation allowed by ordinance and is ineligible for reappointment
***Seeking reappointment
ATTENDANCE RECORD OF MEMBER SEEKING REAPPOINTMENT
NO. OF MTGS. NO. % OF ATTENDANCE
NAME THIS TERM PRESENT LAST TERM YEAR
Juan Cabasos (Oil Ind.) 3 3 100%
Robert DeLeon (All. Gen.) - Alternate members are only required to attend a meeting in
absence of a regular member.
(NOTE: The Oil and Gas Advisory Committee is recommending the reappointment of Juan Cabasos
(Oil Industry) and the realignment of Clifton McMasters from Alternate Oil Industry to the Oil
Industry position. Robert DeLeon (Alt., General Public) would like to remain as an Alternate member
and the Committee is recommending his reappointment. The Committee is also recommending the
new appointment of Gretchen Arnold to the General Public position. The Oil and Gas Well Industry
is nominating Glen Cooper to fill the category of Alternate Oil Industry, if Mr. McMasters is
realigned from his alternate position.)
OTHER INDIVIDUALS EXPRESSING INTEREST
Gretchen Arnold
Program Director, Texas A & M University -
Corpus Christi. Received B.A. and M.A. from
Texas A & M University - Corpus Christi.
Activities include: Director of Air Quality - Small
Business Assistance Program for Pollution
Prevention Partnership. Received the TCEQ
George W. Bush Environmental Excellence Award
and the Chamber of Commerce Spirit of Corpus
Christi. (General Public) (11-19-04)
Glen Cooper
Field Superintendent, Texas Crude Energy Inc.
Graduate of Embry College of Avionics. Has
worked 15 years in oil and gas exploration business.
(Oil Industry) (12-08-04)
Jamie Pyle
Vice President, Pyle & Associates, Inc. Received
B.S in Civil Engineering from Oklahoma State
University. Activities include: Boy Scout Venture
Troop Advisor, Southside Rotary Club Member,
After Hours Quilters Vice President, Leadership
Corpus Christi and Texas Society of Professional
Surveyors. (General Public) (8-09-04)
Larry Rast
Owner, Marathon Mortgage. Received RA.in
Sociology from Texas Tech University and M.A. in
Community Counseling at Stephen F. Austin State
University. Previous volunteer experience includes:
Special Olympics, Ronald McDonald House, and
the Housing and Urban Development Families Self-
Sufficiency Advisory Committee. (General Public)
(11-15-04)
h. PORT OF CORPUS CHRISTI AUTHORITY - One (1) vacancy with three-year term to 1-02-08.
DUTIES: Those set in Article XVI, Section 59 of the Texas Constitution.
COMPOSITION: Seven (7) members appointed as follows: three (3) City Council, four (3) Nueces
County Commissioners Court and one (1) San Patricio County for staggered terms.
MEMBERS
Ruben Bonilla, Jr. (City), Chairman
Bernard A. Paulson (City), Vice-Chairman
Yolanda G. Olivarez (County)
Robert J. Gonzalez, Sr. (County)
William D. Dodge, III (County)
*Mike Carrell (City)
Judy Hawley (San Patricio)
*Seeking reappointment
TERM
ORIGINAL
APPTD.DATE
1-02-07
1-02-06
1-02-06
1-02-06
1-02-05
1-02-05
1-02-07
8-12-97
10-08-96
12-18-96
1-11-00
8-28-01
ATTENDANCE RECORD OF MEMBER SEEKING REAPPOINTMENT
NAME
Mike Carrell (City)
NO. OF MTGS.
THIS TERM
11
OTHER INDIVIDUALS EXPRESSING INTEREST
NO.
PRESENT
11
% OF ATTENDANCE
LAST TERM YEAR
100%
Officer, Nuway International, Inc. Received some
college hours and special training for National
Council for Economic Business Opportunities.
President of Associated General Contractors. (11-
22-04)
Arturo Casillas
Engineering Group Leader, Citgo Refining &
Chemical. B.S. in Chemical Engineering (Summa
Cum Laude). Professional and community
activities include: "Zoom into Engineering"
program at Texas A&M University-Corpus Christi,
Citgo Engineer recruiter and science fair judge. (3-
08-02)
Bill Clyburn
Asset Manager, Citgo Refining & Chemical.
Professional and community activities include:
Leadership Corpus Christi Class 30, member of
David H. Dear
Board International Seamen's Center, and President
of the Marine Propeller Club. Recipient ofOSPRA
award (state environmental award). (3-13-02)
Joe Elizondo
Owner, Greenwood Door Company. Community
activities include: Board of Directors, Laredo
National Bank and Board member of the Hispanic
Chamber of Commerce. Recipient of the Compass
Award in 2002 from the C.C. Regional Economic
Development Corporation and the Business of the
Year Award in 2001 from the Hispanic Chamber of
Commerce. (10-11-02)
Donald M. Feferman
Self-employed Attorney. Received B.S. at Wharton
School of Finance, University of Pennsylvania and
J.D. from Harvard Law School. Member of the
Jewish Community Council, Temple Beth El,
Community Development Corporation, Leadership
Corpus Christi alumni, and the Committee on
Development of Existing Industries Task Force.
(12-31-03)
Gilbert Fuentes
Realtor, Christi Properties. Received Masters from
Texas A & M University - Corpus Christi. Member
of Fighting to Rid Against Gangs. (11-18-04)
Herbie Garcia, Jr.
President, Netreadygo.com, Inc. M.B.A. and
B.B.A. in MIS from Texas A&--Corpus Christi.
Member of Hispanic Chamber of Commerce,
LULAC and Who's Who in Information Systems
Processing. Employed as a Senior Planner with the
City of Houston and Manager in Texas Governor's
Office during Richards administration. (4-06-04)
Coretta Graham
Assistant District Attorney, Nueces County District
Attorney's Office. Member of the Nueces County
Community Action Agency and the Corpus Christi
Young Lawyers Assocation. Currently serves on
the Community Youth Development (78415)
Program Steering Committee. (11-07-04)
Paul Grivich
Extensive background in finance, accounting and
management. B.S. in Political Science, Sam
Houston State University. Activities include:
former member of the Board of Adjustment and
current member of the Nueces County Tax
Appraisal District. (12-07-04)
Mike T. Johnson
Administrator, Christus Spohn Hospital South.
Vice-President, Christus Spohn Health System.
M.P.A. in Public Administration, Texas Tech
University. Certified Registered Nurse and
Licensed Nursing Facility Administrator. Activities
include: Diplomat, American College of Healthcare
Executives - Regional Advisory Board and
American College of Health care Administrators. (4-
01-02)
Leon S. Loeb
Owner, LandLord Resources, L.L.C. M.B.A. from
Harvard Business School and Master's in Public
Policy from the J.F.K. School of Government at
Harvard. Professional and community activities
include: Advisory Board, C.C. Bank & Trust; Co-
chair of Development, South Texas Institute for the
Arts, Advisory Board for the College of Business,
Texas A&-CC. (3-31-04)
Ed A. Lopez
Executive Vice-President / Chief Lending Officer,
The Bank of Alice. B.B.A. in Finance, Texas A&I
University; Graduate School of Banking, University
of Wisconsin at Madison. Community activities
include: former member of the Coastal Bend
Workforce Development Corporation, Housing
Authority board and Boys and Girls Club; current
member of Hispanic Chamber and Texas Appraisal
and Licensing Board. (7-22-02)
Mary Ann Lopez
Legal Assistant and local Disc Jockey. Currently
the Marketing Director of the South Texas Heart
Association. (3-15-04)
Matt Martin
Vice President/Market Manager, Clear Channel
Broadcasting. Received a Marketing degree from
Texas Tech University. Activities include: Board
member for Texas Association of Broadcasters,
Hispanic Chamber of Commerce, Regional
Economic Development Corporation and Chamber
of Commerce. (11-02-04)
Marc A. McAllister
President, McAllister Marine Surveying Co. A.A.S.
in Marine Technology. Member of the National
Association of Marine Surveyors, National Fire
Protection Association and Boat and Yacht Council.
(4-14-04)
Jim Moloney
Executive Director, Coastal Bend Community
Foundation. Received B.S. in Management from
Rensselaer Polytechnic Institute and M.A. in
International Management Studies from the
University of Texas at Dallas. Mernber of the
Corpus Christi Chamber of Commerce Board. (2-
09-04)
Dale M. Pittman
President/CEO, Construction Assistance. Received
certificates in Real Estate and Construction
Inspection Work. Member of the Texas Residential
ICF Statewide and Local Committee, Associated
General Contractors and the Associated Building
Contractors. (5-06-04)
Jamie Pyle
Vice President, Pyle & Associates, Inc. Received
B.S in Civil Engineering from Oklahoma State
University. Activities include: Boy Scout Venture
Troop Advisor, Southside Rotary Club Member,
After Hours Quilters Vice President, Leadership
Corpus Christi and Texas Society of Professional
Surveyors. (8-09-04)
Bill Richmond
Senior Partner, Wienerschnitzel. Received B.S. in
Engineering form Texas A & M University.
Activities include: CCCC Foundation, Leadership
Corpus Christi and FOCUS. (1-08-04)
Eloy H. Salazar
Self-employed, Real Estate Investor. Received an
Associates in Business Administration. Member of
the Hispanic Chamber of Commerce, the Nueces
County Tax Appraisal District and the Planning
Commission. (4-25-01)
Billy Ray Sayles
Therapist, Spiritual Way Addiction Counseling
Service. Holds degrees in mental health,
psychology and Educational Psychology (Associate
in Applied Science, Bachelor of Arts and Master's
of Science). Member of the MHMR Planning
Advisory Committee (current chairman) and the
MHMR Provider Network Advisory Committee.
(5-06-04)
Sharlene Sexton
Deputy Executive Director, Corpus Christi Housing
Authority. M.A. in Hwnan Resource Development
and Business Management, Webster University.
Has 25 years of military service. Member of
Leadership Class XX. (1-16-03)
Jane H. Stanford, Ph.D.
Consultant, Strategic Management Solutions.
Serves as an adjunct professor at Texas A&M -
Corpus Christi. Ph.D. in Organization Theory and
Strategic Management and an M.B.A. Current
member of Leadership Corpus Christi Class XXX,
the Chamber of Commerce and the Hispanic
Chamber of Commerce. (1-29-02)
Hunter Young
Assistant Vice President of Commercial Lending,
Value Bank Texas. Received B.A. in Management
and attended the University of Hawaii at Manoa for
Hotel and Club Management. Member of the
Coastal Conservation Association, C.C. Focus, First
United Methodist finance committee and Sunday
School teacher and the Builder's Association. (5-
10-04)
3
1. DRAFT ORDINANCE AMENDMENT
2. REFERENCED ZONING CODE SECTION
3. CURRENT ORDINANCE (COMPLETE)
AN ORDINANCE
AMENDING THE CODE OF ORDINANCES, SECTION 23-74, SMOKING
PROHIBITIONS, SUBSECTION (b)(1)(e), BY REVISING THE
LANGUAGE; PROVIDING FOR SEVERANCE; PROVIDING FOR
PUBLICATION; AND ESTABLISHING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS, THAT:
SECTION 1. The Code of Ordinances, Section 23-74, Smoking Prohibitions, subsec-
tion (b)(1)(e), is amended by revising the language to read as follows
"Sec, 23-74 Smoking prohibitions,
* * * * *
'(a)
* . * * *
"(b)
* * * * *
"(1 )
* * * * *
"(a)
* * * * *
"(e) Food service establishments, +nOCO portions of tho indoor 3rea-m
Any place where food is prepared and intended for individual portion
service, includinq the site at which individual portions are provided,
served, or consumed, reqardless of whether or not consumption is on
the premises, whether or not there is a charqe for the food, and
whether or not alcoholic beveraqes are sold or served, includinq. but
not limited to, cafeterias, coffee shops, delicatessens, diners,
lunchoonottoe, restaurants, sandwich shops. and short-order cafesci
soGa fDuntline, or othor 3ro3e of ostMslimonts in wRiBh food is
sorvod, oxcopt 3ro3S euch 3S b3rs, cockt3illoungos, 3nd/of-fll@ftt
clubs ,...'horo e03ting ie primBfily for sorvico of 3lc-BRGlic bov8F~
aM oxcopt doeign3tod emoking 3r03e in comeHrlity-with tho following
st3nd3rds Private homes where food is prepared and served for
individual family consumption are excluded from the prohibitions
contained in this subsection, Establishments in which food service is
C\DOCUME-1 \GeorgeN\LOCALS-1 \Temp\E Hard 160 Modified doc
incidental to the sale or service of alcoholic beveraqes, such as a
bar, cocktaillounqe, niqhtclub, or tavern, are excluded from the
prohibitions contained in this subsection, provided that the bar,
lounqe. nlqhtclub. or tavern meets the definition of "Taverns,
Lounqes. or Bars" in Sec. 3-1.641 of the Zoninq Ordinance as
determined by a Code Enforcement Official. in accordance with the
followmq requirements
"+ OWRers Sh311 ensuro th3t.seating provide~
ROOsmokers is a minimumof fifty (50) per cent of total seatin~
IR-EIiwct proportion to the number of customers roquesting
ROOsmoking seating, whichever is gre3ter. (/\fter July 6, 1991,
tAe-fl6fcentago of nonsmoking soating just st3ted shall incroase
from fifty (50) percent to sixty fi'lO (65) percent. After July-9,
1995. this same percent3ge shall increase from sixty five ~
percent to seventy (70) per cent.)
"2~-~a~ for these requesting se3ting-in nonsmoking
ore3S sh311 be orr3~ to make maximuffi-tf5€-of the oif-flew
pFooded by the ventil3tion system
"3 The p3tron w3iting 3rea ond restrooms in f3cilities covered by
wbsection (b)( 1 )( e) of this section- shall be designated 3S
nonsmoking aW3S, except th3t sep3rate w3iting areas may be
provided for smokers
"4. Restaurants having a -seating capacity for customers of fifty (50)
Gfgreater, either newly constructed after the effective dato of
tRis soction or romodeled 3ftor th3t date to such 3n oxtent that
the cost of reh3bilit3tien oxcoeds fifty (50) percent ef the v31ue
of the building, sholl bo requirod to comply with the follO'....ing
addition31 standards: the p3tron waiting 3roa 3nd rostrooms
sRaU-bo design3ted as nonsmoking areas, except th3t~ate
waiting areas may be provided for smol~ors; the non smoking
are3S shall bo I,ept cle3r of smoke; the smoking 3roas sh311 not
include any part of the establishment to ",,'hich nonsmokors m3Y
need 3ccese and 311 smeking 3re3S Sh311 h:we 3ir vcmtil3tion
systems sep3r3te from the air ventil3tion systems for
nonsmoking oreas.
"1. For classification purposes, the establishment's owner,
operator, manager, or person in charge, or holder of the
establishment's alcoholic beverage permit issued by the Texas
Alcoholic Beverage Commission, must provide a Code
Enforcement Official, upon request and within 10 calendar days,
with verified copies of either 1) the previous quarterly or the
previous three monthly sales tax reports and the gross receipts
tax reports for the same period, if the holder pays the gross
C.\DOCUME-1 \GeorgeN\LOCALS-1 \Temp\EHord160 Modified doc
receipts tax or 2) the prevIous three months alcohol sales and
sales tax Information and other information or documents
sufficient to determine the percentage of alcohol sales, if the
holder does not pay the gross receipts tax
"2. Failure of the owner, operator, manager, or person in charge, or
holder of the alcoholic beverage permit, to provide the docu-
mentation requested within 10 calendar days IS a violation of
this Code and IS pnma facie evidence that the establishment is
a food service establishment subject to the prohibitions of this
section.
"3. Within 10 business days of submission of the documentation, a
Code Enforcement Official shall determine the classification of
the establishment for purposes of this section. Any establish-
ment for which the owner, operator, manager, or person in
charge, or holder of the alcoholic beverage permit, has sub-
mitted documentation that fails to substantiate that monthly
sales of alcoholic beverages comprise more than 75 percent of
the establishment's gross revenue will be deemed to be a food
service establishment subject to the prohibitions of this section.
"4 Nothing contained in this subsection restricts an establishment's
owner, operator, manager, or person in charge, or holder of the
establishment's alcoholic beverage permit, from voluntarily
submitting the reqUired documentation and requesting a written
determination of classification by a Code Enforcement Official."
*
*
*
*
*
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. it shall not affect any other section, paragraph,
subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite
intent of this City Council that every section, paragraph, subdivision, clause, phrase,
word, or provision hereof be given full force and effect for its purpose.
SECTION 3. Publication shall be made in the official publication of the City of Corpus
Christl by publishing the caption stating in substance the purposes, intent, and effect of
the ordinance
SECTION 4. This ordinance becomes effective [date].
C \DOCUME-1 \GeorgeN\LOCAl.S-1 \Temp\EHord160 Modified_doc
That the foregoing ordlnancE:",,~~u~ad for the first lime and passed to its second
reading on this the day of . 2004, by the following vote
Samuel L. Neal Jr
Rex A Kinnison
Brent Chesney
Melody Cooper
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 , 2004, by the following vote
Samuel L. Neal, Jr
Rex A. Kinnison
Brent Chesney
Melody Cooper
Javier D. Colmenero
Jesse Noyola
Henry Garrett
Mark Scott
Bill Kelly
APPROVED AND PASSED on this
day of
,2004.
ATTEST
CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Samuel L Neal, Jr,
Mayor
APPROVED AS TO FORM
day of
,2004.
Elizabeth R Hundley
Assistant City Attorney
for the City Attorney
C.\OOCUM E-1 \GeorgeN\LOCALS- i \T emp\EHorct 160 Modified.doc
11/03
-1.1-
3-1.64 Structural Alterations. Any change in the supporting members of a building, including, but
not limited to, bearing walls or partitions, columns, beams or girders, or any substantial change in the roof
or in the exterior walls.
I
3-1.64.1 Taverns, Lounges, or Bars. A use engaged in the retail sale of alcoholic beverage, for 00-
premise consumption provided the establishment derives more than 75 percent of the establishment's gross
revenue from the on-premise sale of alcoholic beverages. A tavern, lounge, or bar may include
entertainment providing such entertainment is enclosed within the building structure.
(Ordinance 2693, 08/27/96)
3-1.64.2 Telecommunications.
audio and/or visual information
information as sent and received.
The transmission, between or among points specified by the user, of
of the users choosing, without change in the form or content of the
(Ordinance 236t2, 04/13/99)
3-1.64.3 Telecommunications Facility. A telecommunication tower, antennas, and related equipment
buildings, but the term also includes antennas and related equipment installed on roof tops.
(Ordinance 23612, 04113/99)
3-1.64.4 Telecommunications Service. The offering of teleconununications for a fee directly to the
public, or to such classes of users as to be effectively available directly to the public, regardless of the
facilities used. (Ordinance 23612, 04113/99)
3-1.64.5 TIAlEIA-222. Teleconununications Industry AssociationlElectronics Industries Association
Standard 222, "Structural Standards for Steel Antenna Towers and Antennas Support Structures."
(Ordinance 23612. 04/13/99)
3-1.65
Tourist Court, Auto Court. Same as motel.
3-1.65.1 Tower, Electric Transmission. A self supporting structure in excess of 50 feet (I5 meters) in
height designed to support high voltage electric lines. This does not include local utility or distribution
poles (with or without transformers) designed to provide electric service to individual customers.
(Ordinance 23612, 04113/99)
3-1.65.2 Tower Guyed.
anchored to the ground.
Any teleconununications tower supported in whole or in part by cables
(Ordinance 23612, 04/13/99)
3-1.65.3 Tower, Height. The distance measured from grade to the highest point of any and all
components of the structure, including antennas, hazard lighting, and other appurtenances, excluding
lightning rods. (Ordinance 23612, 04113/99)
3-1.65.4 Tower, Monopole. A self-supporting telecommunications
vertical pole fixed into the ground and/or attached to a foundation.
tower which consists of a single
(Ordinance 23612, 04/13/99)
3-1.65.5 Tower, Self-supporting Lattice. A telecommunications tower which consists of an open
network metal braces forming a tower which is usually triangular or square in cross-section.
(Ordinance 23612. 04/13/99)
3-1.65.6 Tower, Telecommunications A self-supporting lattice, monopole, or guyed structure more
than twenty feet (6 meters) in height, built primarily to support one or more telecommunications antennas.
(Ordinance 23612, 04/13/99)
Definitions
\,' I I '. I 'II \. 'I" " "" '
Sec. 23-74. Srnoking prohibitions.
(a) Declaration of policy. It is the intent and purpose of this section to provide citizens'
protection from exposure to tobacco, or other, smoke by placing restrictions on smoking
within the City of Corpus Christi. The provisions of this section are designed to achieve a
reasonable balance between the rights of nonsmokers to breathe clean air and the
wishes of smokers. It is declared to be the policy of the City of Corpus Christi to give
preferential treatment to nonsmokers when disputes arise.
(b) Regulations to provide clean air
(1) Except as otherwise provided in this section, no person shall smoke or
canry a lighted cigar, cigarette, pipe or any form of smoking object or device in:
a. Public facilities. Public areas of indoor facilities and indoor areas
used by the public including, but not limited to: Arenas, auditoria,
classrooms, clubhouses, courthouses, elevators, gymnasia, public areas
of inpatient health care facilities and hospitals, lecture halls, libraries,
limousines or buses used to transport the public, medical diagnostic
centers, movie houses, museums, pUblic means of mass transportation,
public restrooms, public waiting rooms, spas and health clubs, swimming
pools, taxicabs, theaters and public areas of any municipal facility.
b. Groceries. Retail or wholesale premises which offer foodstuffs for
sale, except for restaurants, or other eating places and taverns, as
provided for in subsection (b)(1 )(e) of this section.
c. Stores. All other retail or mercantile establishments patronized by
the public.
d. Employee workplace. Auditoria, cafeteria and kitchens, classrooms,
conference rooms, employee lounges, employee health care service
areas, hallways, lobbies and elevators, meeting rooms, restrooms, and
work areas in the indoor portion of those premises in which employees
perform duties including, but not limited to clerical, financial, professional,
managerial, manufacturing, assembling or packaging of goods, products
or merchandise.
1. An employer may designate a separate portion or portions of
the work area, employees lounge, and cafeteria for smoking.
2. In facilities with multiple restrooms an employer may
designate one or more for smoking as long as at least one for
each gender is designated for nonsmoking.
e. Food service. Those portions of the indoor area of cafeterias, coffee
shops, diners, luncheonettes, restaurants, sandwich shops, short-order
cafes, soda fountains, or other areas of establishments in which food is
served, except areas such as bars, cocktail lounges, and/or night clubs
where seating is primarily for service of alcoholic beverages, and except
designated smoking areas in conformity with the following standards:
1. Owners shall ensure that seating provided for nonsmokers is
a minimum of fifty (50) per cent of total seating or in direct
proportion to the number of customers requesting nonsmoking
seating, whichever is greater. (After July 6, 1994, the percentage
of nonsmoking seating just stated shall increase from fifty (50) per
cent to sixty-five (65) per cent. After July 6, 1995, this same
http://library5 . municode. com/gateway. dllfTX/texas/5 83 3/5943/5946?f=templates$fn=docu.. 12/3/2004
percentage shall Increase from sixty-five (65) per cent to seventy
(70) per cent)
2. Seating for those requesting seating in nonsmoking areas
shall be arranged to make maximum use of the air flow provided
by the ventilation system.
3. The patron waiting area and restrooms in facilities covered
by subsection (b)(1)(e) of this section shall be designated as
nonsmoking areas, except that separate waiting areas may be
provided for smokers.
4. Restaurants having a seating capacity for customers of fifty
(50) or greater, either newly constructed after the effective date of
this section or remodeled after that date to such an extent that the
cost of rehabilitation exceeds fifty (50) per cent of the value of the
building, shall be required to comply with the following additional
s1andards: the patron waiting area and restrooms shall be
designated as nonsmoking areas, except that separate waiting
areas may be provided for smokers; the no smoking areas shall
be kept clear of smoke; the smoking areas shall not include any
part of the establishment to which nonsmokers may need access;
and all smoking areas shall have air ventilation systems separate
from the air ventilation systems for nonsmoking areas.
/. Entertainment
1. Facilities open to the public to exhibit motion pictures, stage
plays, musical presentations, athletic events, or other
performances or events shall confine smoking to the area of the
premises commonly known as the lobby, provided the latter is
physically separated from the performance area and has been
designated for smoking.
2. In movie houses, the message "SMOKING IS PROHIBITED"
or equivalent thereof shall be shown on the screen in conjunction
with each showing of the feature presentation.
(2) Other regulations. No area may be designated for smoking where
prohibited by the fire prevention ordinances or another agency having
jurisdiction.
(3) Private functions. Smoking restrictions in this section will not apply to those
portions of a facility in which private social functions are being held. Also,
restrictions will not apply when seating arrangements are under control of the
sponsor of a function and not the owner or operator of the facility, except as
provided in sections 36-54 and 36-93 of this Code. A private social function
includes private functions or gatherings sponsored by individuals or groups which
are limited to invited guests and are not open to the public either free or through
the sale of tickets.
(4) Bowling lanes. Smoking restrictions in this section will not apply to that
portion of bowling establishments which contain bowling lanes.
(5) Shopping malls. Smoking restrictions in this section will not apply to those
parts of the common areas of indoor shopping malls which are designated
smoking areas.
(6) Residences. Smoking restrictions in this section will not apply to residential
buildings including guest room areas of hotels.
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',j,-, '.1 III \ ~lll i'l I111 \ 1.\JI,-j.~-, ~\.J11'-\.I\ ,)\ \1 ~l~I!I\J ~,J
ri.1ge J or ~
(c) Posting of signs. In each facility, signs required by this section shall be posted by
the activity's or enterprise's owner, operator, manager, or person in charge. Such
responsibility belongs to all such persons, and any or all may be prosecuted for violation
hereof. Such signs shall be reasonably protected by management from tampering,
damage, removal, or concealment.
(1) Signs must be of a durable material or laminated.
(2) A clearly visible sign with the words "SMOKING IS PROHIBITED BY CITY
ORDINANCE/EXCEPT IN DESIGNATED AREAS" will be posted at all entries to
any facility, in any part of which smoking is prohibited by this section.
(3) Clearly visible signs using the words "SMOKING--PERMITTED IN THIS
AREA" will be posted in areas in which smoking is penmitted.
(d) Additional responsibilities of management. The activity's or enterprise's owner,
operator, manager, or person in charge of the facility shall also be responsible to:
(1) Enforce this section by requesting compliance from patrons verbally or by
presenting to them a director's message card as promulgated by the director of
public health, and by prohibiting employees from smoking except in designated
areas.
(2) Develop and implement a plan of compliance which specifies the area(s) in
which smoking is permitted and the manner in which this information is conveyed
to the public and all employees. The plan shall be available for inspection by the
director of health or his designees.
Such responsibility belongs to all of said persons, and any or all may be prosecuted for
violation hereof.
(e) Inspection and enforcement.
(1) The owner, operator, manager, or person in charge of the facility shall
permit the director of health or his designees entrance to the facility to determine
compliance with this section. Such responsibility belongs to all of said persons,
and any or all may be prosecuted for violation hereof.
(2) The director of public health or his designees shall be authorized to serve
official notices of violation of this article.
(I) Violations.
(1) A person who violates any part of this section commits an offense
punishable under section 1-6 of this Code.
(2) Failure of any premises to comply with this section within five (5) days of
written notice of violation shall be grounds for injunctive relief in the appropriate
court.
(g) Waivers. The director of public health shall have the authority to grant a waiver
from a specific provision of this section, in a particular case, due to hardship conditions,
where such waiver is in harmony with the general purposes and declaration of this
section.
(h) Miscellaneous.
(1) Nothing herein shall be construed to penmit the smoking of any substance
otherwise illegal.
(2) When possession of burning tobacco or smoking tobacco is also prohibited
by Section 48.01, Texas Penal Code, as to a facility of a public primary or
http://library 5. muni code com/gateway. dll/TX/texas/583 3/5943/5946?f=templates$fn=docu... 12/3/2004
secondary school or an elevator, endosed theater or movie house, library,
museum, hospital, transit system bus, plane, or train which is a public place,
such violation shall be prosecuted under said state law.
(3) This section shall take effect September 1, 1986.
(Ord. No 19338, S 1, 5-27-86; Ord. No. 21697, S 1, 7-6-93)
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4
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: 11-16-04
AGENDA ITEM:
RESOLUTION ADOPTING A LEGISLATIVE PROGRAM FOR THE 79TH LEGISLATIVE SESSION FOR
THE STATE OF TEXAS
ISSUE AND BACKGROUND: The Texas State Legislature meets every two years for 140 days
(exclusive of special sessions). In order to actively participate in the legislative session, the City
Council is asked several months before each legislative session to adopt a legislative program that
not only is distributed to our legislative delegation but also serves to guide City representatives in
Austin during the session. The 79'h legislative session will begin on Tuesday, January 11, 2005, and
will end on Monday, May 30, 2005.
As is usual during the legislative session, we anticipate almost 6,000 bills to be introduced and in the
range of 1,500 bills to be passed. We believe that the City has assembled an excellent legislative
liaison team and, with the tremendous assistance of our legislative delegation, we feel competent to
meet the challenges that arise.
We make every effort to coordinate our legislative activities with the legislative liaisons of the eight
large Texas cities as well as TML staff. With at least weekly meetings during the session among this
group and day-to-day communications, together we form an excellent response team.
The attached legislative program also includes a number of items of Congressional legislative action
that are also crucial to the City.
During the session we will provide periodic updates for the City Council. As has been the case in the
past, there will be an item on each Council agenda that will be a placeholder for any action that the
council may have to take, I.e., resolution supporting or opposing any particular legislation.
REQUIRED CITY COUNCIL ACTION: In order to establish a legislative program, City Council is
required to adopt such a program.
CONCLUSION AND RECOMMENDATION: The upcoming 79'h legislative session, as with previous
legislative sessions, will contain many initiatives that are harmful to cities. We believe that we have
put together a legislative liaison team that, together with our legislative delegation, can protect us from
the harmful initiatives during the session and, importantly, be successful with legislative initiatives that
will be beneficial to the City. We solicit City Council study, review, and input on the proposed
legislative program, and their subsequent approval. ~.rr-^ ~
W. Thomas Utter
Special Assistant to the City Manager
CITY OF CORPUS CHRISTI
Corpus Christi
*****
AI-AmeItcaCltv
~ ,
.
2003
Legislative Program
79th Legislative Session
including Federal Legislation
November 2004
INTRODUCTION
Prior to the cornrnencement of each legislative session, the City of Corpus Christi staff,
working with input frorn the City Council, other local interests, Texas Municipal League,
and other cities, prepares a recommended legislative program for City Council
consideration and approval.
The legislative program, after consideration and approval by the City Council, is then
transmitted to our local legislative delegation and forms the basis for the City's activities
during the 140 days of the State legislative session. In each legislative session, the
nurnber of bills that are introduced is massive. For example, in the last regular legislative
session (2003), there were 5,754 bills introduced, 1,403 actually passed, with over 1 ,200
of the bills City-related, of which approximately 110 passed. Unfortunately a large
percentage of the efforts by cities are necessarily directed at simply stopping bad pieces
of legislation which would negatively affect cities.
Over the past few legislative sessions, the City of Corpus Christi, with the tremendous
support and action of our local legislative delegatio" has had very good success in not
only stopping bad bills which would negatively impact us, but also in the passage of
legislation which very positively affects us.
The upcoming 79tl legislative session will undoubtedly consider many issues that are
detrimental to cities and will be extremely complex. The entire session's outlook is
overshadowed by the State's need to restructure public education.
As in the past, the City anticipates working very closely with our legislative delegation. In
addition, we will continue to work with the Texas Municipal League (TML) as well as the
very active legislative lobbying group of the eight largest cities (this latter group meets
once a week during the legislative session with TML staff to coordinate action.) The
following legislative program is broken down into sections each representing a major
part of municipal government beginning with a general statement of policies and
procedures.
A separate section of Federal legislation issues is included at the end of the prograrn
and is considered to be a part of our overall legislative effort.
The communication ofthis legislative program is carried out on a day-to-daybasis by the
Special Assistant to the City Manager and the City's legislative liaison group, under the
general direction of the City Manager after approval of the program by the City Council.
The Mayor and City Council Members, as well as rnembers of City staff including the
Police and Fire Chiefs, the City Attorney, members of the her Office, and departments
heads are called upon to testify in Austin and in Washington, on a case by case basis.
1
I. GENERAL POLICY AND PROCEDURES
a. The City will support legislation and adrninistrative actions that:
1. Will protect and enhance City revenues.
2. Reduce costs to the City.
3. Provide for more local control.
4. Protect those policies previously established through the Charter,
ordinances, resolutions, and master plans.
5. Provide increased educational opportunities for the citizens of Corpus
Christi and the region. .
b. The City will oppose legislation or administrative actions that:
1. Undermine the principle of home rule and local self-government.
2. Result in the loss of revenue growth to the City.
3. Diminish the authority of cities to regulate and manage their growth and
development.
4. Nullify or undermine the City's policies contained in existing provisions of
the Charter, ordinances, resolutions, and master plans, unless such
changes expand the City's ability to manage its own affairs.
5. Diminish any existing authority of cities.
6. Impose mandates that require any expenditure by the City unless all costs
of same, including administrative as well as direct out-of-pocket costs, are
fully reimbursed by the mandating government.
7. In any way endangers, nullifies, or transfers any of the City's water rights.
c. The City Council will determine the City position on all legislative issues.
d. The City's Boards, Commissions, and Advisory Groups may not represent in oral
testimony or in writing a position on proposed legislation or adrninistrative action
unless that position is first approved by the City Council.
e. Positions on legislative or administrative matters originating outside of the City
Council, but within the City's governmental frarnework shall be submitted to the
City Manager for review prior to consideration by the City Council.
2
f. The legislative or administrative positions herein approved, and others separately
approved by the City Council, shall be communicated to the legislative and
congressional delegations, to the Legislature and Congress, in general, and/or
to the appropriate legislative committees, committee members, and
administrative agencies or to others by members of the City Council, the City
Manager, staff persons, legislative liaisons and others designated by the City
Manager.
g. Where possible and where there is a commonality of interest, the City will
coordinate its legislative and administrative program with other political
jurisdictions in the region and provide assistance to those political jurisdictions.
h. The city will support the legislative prograrn ofthe Texas Municipal League, except
to the extent it conflicts with any policy herein.
i. It is recognized that this policy will often be implemented in the context of great
numbers of voluminous proposals being considered within short time periods.
City representatives, under the direction of the City Manager, shall be authorized
to act on behalf of the City consistent with the necessarily broad policy concerns
set forth in this policy.
j. In this policy, items are classified under three levels of importance, Priority,Actively
Support, and Endorse, as follows:
1. Priority means thatthe City will actively pursue and support (or oppose, as
specified) the policy including, if necessary, seeking introduction and
passage of legislation. This would include purely local Corpus Christi bills,
as well as very important legislation of statewide application.
2. Actively Support means the City will aggressively attempt to obtain
passage of a measure if it is introduced by some other entity (or actively
oppose, as specified).
3. Endorse means that the City will make its (support or opposition) known,
but will not actively pursue the issue.
3
II. FINANCIAL INTEGRITY
PRIORITY
a. Franchise Fees. The City unalterably opposes any measure which would reduce
the City's existing franchise fees, the growth of those franchise fees, or its ability
to charge franchise fees, and any measure which would prevent the City from
requiring utilities to bear 100% of costs associated with relocations of utilities
required by the City or which would impair City regulation of use of rights-of-way.
Franchise fees are essential to continuation of basic services. A vote to reduce
franchise fees would be a vote to increase local ad valorem taxes or reduce basic
local services such as police, fire, roads, and parks, and would constitute a gift of
public property for private purposes.
b. State Hotel Tax for Beach Maintenance. The City supports legislation which
would provide State hotel tax funding for beach maintenance.
ACTIVELY SUPPORT
c. Liability Law. The City supports legislation to reduce potential liability of
municipalities and municipal employees for torts and other actions and opposes
legislation which would increase such liability.
d. Prompt Payment Statute. The City opposes legislation increasing the
requirernents of the prompt payment statute.
e. Indemnity Provisions. The City opposes legislation lirniting or prohibiting
indernnity provisions in public works contracts.
f. Mandated Fees. The City opposes legislation which would require a city to raise
any municipal fee and rernit the revenue to the state, unless use of the monies
would be clearly dedicated for programs beneficial to the City.
ENDORSE
g. Appraisal Appeals. The City supports legislation to allow cities to challenge the
appraisal or appeal of an appraisal of a speCific property.
h. Municipal Court Costs. The City supports legislation which would consolidate all
State court costs collectible by municipal courts into one fee payable to the State,
and require that, in case of partial payments, a city and the state will split the
payrnents until both receive the proper amount of revenue. The City opposes
additional State or County fees or court costs on municipal courts.
i. Sale ofTax Liens. The City supports legislation to authorize cities to sell tax liens.
4
III. ESSENTIAL INFRASTRUCTURE
PRIORITY
a. Water.
1. Protection of Water Rights. As its highest priority, the City supports
legislation to protect the City's water supply and water rights, and to enable
the City to expand its water supply and rights, and strongly opposes
legislation which would diminish or chalenge such water supply or water
rights or the City's ability to expand such supply or rights.
2. Desai Projects. The City supports legislation to provide special set-aside
funding for desalination prograrns and projects.
3. Free Market in Water. The City strongly supports legislation that would
remove barriers to a free rnarket between willing sellers and buyers of
water and water rights, subject to applicable laws for protection of the
environment, and strongly opposes legislation that would create new
barriers.
4. Water Conservation Districts
a. The City supports legislation to establish a Ground Water
Conservation District encompassing the entire City Iirnits and
possibly the entire County.
b. The City supports correcting legislation removing portions of Nueces
County from previously authorized Ground Water Conservation
Districts.
ACTIVELY SUPPORT
b. Transportation.
1. Resources. The City strongly supports legislation assuring the equitable
allocation of transportation resources frorn the State.
2. Funding for Construction and Maintenance. The City supports legislation
that would increase the level and availability of state transportation funding
for construction and maintenance.
c. City StreetslMaintenance. Maintenance of City streets throughout the State is
chronically under funded. The City strongly supports legislation which would allow
cities to have additional local revenue sources specifically earrnarked for street
maintenance.
5
IV. COMMUNITY PROTECTION AND DEVELOPMENT
PRIORITY
a. Development The City strongly opposes legislation which would erode municipal
authority to regulate development for the public safety, health and welfare,
including, but not limited to, locations of rnanufactured housing, annexation,
condemnation, platting, zoning, extraterritorial jurisdictions and building and
housing codes.
b. Regulation of Location of Manufactured Housing. The City opposes legislation
that would erode the authority of cities to regulate the location of manufactured
housing.
c. Annexation Authority. The City opposes legislation that would erode current
annexation authority.
ACTIVELY SUPPORT
d. Affordable Housing. The City supports affordable housing initiatives that do not
undermine the City's regulatory authority to protect the public health, safety, and
welfare.
e. BuildingCodes. The City supports rnaintaining and expanding municipal authority
to select building codes and make local amendments as determined by local city
councils, and opposes legislation eroding such authority such as by mandating
adoption of particular codes.
f. Nuisance. The City supports legislation to strengthen municipal enforcement
authority with respect to nuisances.
g. Condemnation Authority. The City opposes legislation that would erode
condemnation authority.
h. Dune Protection. The City supports city administered dune protection within a
city's limits and ET J.
ENDORSE
i. Alcoholic Beverage Regulation. The City supports legislation to protect and
strengthen city authority to regulate alcoholic beverage sales and consumptions
and to provide flexibility to cities to undertake and contract for alcoholic beverage
sales in city-owned facilities.
m. Group Homes. The City supports legislation to protect and strengthen city authority
to regulate group homes.
6
V. CHILDREN AND YOUTH
PRIORITY
a. Juvenile Crime. The City supports legislation to reduce crirne and delinquency
among children and youth, to promote their development and well being, and
continued funding of CYD programs.
ACllVELYENDORSE
b. CHIPS funding. The City supports expansion of the Children's Health
Insurance Prograrn to the greatest extent possible so that no child is left
uninsured.
7
VI. EOUCA liON
PRIORITY
a. Higher Education. The City supports legislation to advance and obtain sufficient
support for education in this area, especially legislation to enable Texas Ai!JIfl
University-Corpus Christi to operate as a strong and viable four-year university,
including special item funding; and legislation to insure adequate funding for the
operation and programs of the Del Mar Junior College District, including Full
Formula Funding and expansion of the District to adequately reflect its service
area.
b. Support of Local School Districts. In general, the City supports the legislative
programs of local school districts leading to enhancement of educational
opportunities for citizens of Corpus Christi.
c. Support for Job and Vocational Training. The City strongly supports the
continuation and expansion of the Skills Development Fund. In addition, the City
supports the efforts at skill training in our public schools as well as programs at
Del Mar.
d. Dropout Prevention. The City strongly supports legislation to address problems
inherent and endernic both causal and reflective of our area's high dropout rate.
8
VII. PUBLIC SAFETY AND HEALTH
PRIORITY
a. Emergency Service District. The City supports legislation permitting 1/8~ over
the 2~ local Sales Tax cap for Emergency Service Districts.
b. Child Safety Registration Fee. The City supports legislation to amend current
law to increase the optional vehicle registration fee for child safety frorn $1.50 to
$3.00 and to allow cities to impose the fee.
c. Crime or Emergency Service District. The City supports changing the statute to
use the City sales tax base for a City-created Crime or Fire Control and Prevention
district so that City sales taxes are administered consistently.
ACTIVELY SUPPORT
d. Photographic Traffic Signal Enforcement: The City supports legislation that
would allow cities to effectively employ photographic traffic signal enforcement.
e. 911 Emergency Service Systems. The City opposes legislation that would hinder
the City's operation of its 911 system, which would inequitably affect the Corpus
Christi area on 911 funding, or which would limit its ability to charge a fee for 911
services.
f. Court Appearance. The City strongly opposes any effort to allow a defendant to
waive their personal appearance at a Municipal Court Trial other than those who
also waive their right to a jury trial.
OPPOSE
g. Felony Forfeitures. The City opposes legislation which would detrimentally
change the existing felony forfeiture statute.
h. Regulation of Scooters. The City opposed legislation that would erode the
authority of a City to regulate scooters.
9
VIII. UTILITIES
PRIORITY
a. Electric Industry Deregulation. The City supports continued electric industry
deregulation legislation but only if it (1) fully preserves rnunicipal authority over
rights-of-way or other public property and (2) fully preserves municipal authority to
impose a right-of-way fee that:
(a) equal to that received prior to competition (b) increases with growth; (c)
ensures that all citizens will benefit through lower rates; (d) assures that electric
system reliability and service quality will be maintained at standards equal to or
better than the reliability and service standards which exist today; (e) allows cities
to serve as aggregators; (f) provides checks and balances against concentration
of market power through takeovers, mergers, acquisitions, or other means; (g)
protects the ability of a municipally owned utility (MOU) to operate profitably,
continues to exernpt MOU's from regulation by the Public Utility Commission, and
protects the financial integrity of any city; (h) holds a city harmless over time vis-a-
vis revenue.
b. Right-of-Way Control. The City opposes legislation which would erode the
authority of cities to manage and control their rights-of-way and other public
property.
c. Line Counts. If the Public Utility Commission does not adopt a rule governing
authorized review to verify access line counts, the City supports legislation that
would: (1) require such a rule to be adopted by a certain time; or (2) require
telecornmunications providers to subrnit to an independent, verifiable audit of
access lines.
d. Access Lines. If the Public Utility Corn mission does not act to broaden the current
definition of "access line" to incorporate new services as they arise, the City
supports legislation to revise the definition to ensure that cities receive adequate
and consistent compensation when new services are offered by
telecommunications providers.
ACTIVELY SUPPORT
e. Underground Facilities Notification. The City opposes legislation that would
arnend the Underground Facilities Statute to 1) raise the $1.25 cap on the fee paid
by a facility operator, 2) levy a fee on an excavator, 3) raise the registration fee
unless the fee is determined on a rnore equitable basis, and 4) require mandatory
participation by cities as Class B operators.
f. Wireless Local Area Networks (LAN). The City supports legislation that clarifies
the ability of a City to provide LANs for its citizens.
10
IX. ENVIRONMENT
PRIORITY
a. Air Quality. The City supports continued allocation of financial resources for near
non-attainment areas, which is essential for those communities striving to remain
within federal guidelines for air quality.
b. National Estuary Program. The City of Corpus Christi actively supports State
funding of the local National Estuary Program. It is an important priority that the
prograrn continue to be funded, possibly at an elevated level.
c. Regional Water Planning. The City supports continued funding of regional water
planning.
ACTIVELY SUPPORT
d. Parks and Recreation. The City supports additional funding for State grants to
cities for park acquisition and development.
e. Beach Cleaning. The City supports full State funding of the beach cleaning
program.
f. Oil Spill Response Program. The City supports continued and expanded State
support for the Oil Spill Response Prograrn and the location of a rnajor center in
the Corpus Christi area.
g. Drainage/Stormwater. The City opposes further unfunded mandates with respect
to drainage and stormwater. and supports increased State programs to assist in
solving such problems.
h. Solid Waste. The City supports legislation that would enhance its ability to
maintain adequate funding for the operation of its present and future landfills or
that would strengthen city authority over landfill operations, and the City opposes
legislation that would underrnine adequate funding of city landfills, impose
regulations more stringent than federal law, or erode city authority over landfill
operations.
11
X. PERSONNEL
ACTIVELY SUPPORT
Reserved
12
XI. ECONOMIC DEVELOPMENT
PRIORITY
a. Military. The City supports continued funding and legislative support ofthe Texas
Strategic Military Planning Commission and other efforts to preserve existing
military bases in Texas.
b. Ballot Language for Economic Development Sales Tax. The City supports
amendment of Sections 4A and 4B ofthe Development Corporation Act to provide
greater local flexibility in presenting projects to the voters individually or combined.
c. Economic DevelopmentAreas. The City strongly supports legislative initiative to
provide stronger and more powerful economic development tools for local, State
or Federally created or designated Economic Developrnent Areas.
ACTIVELY SUPPORT
d. Economic Development Authority. The City opposes legislation which would
erode rnunicipal economic development authority.
e. Child Care. The City supports increased, sustained State funding for child care.
f. Texas Public Libraries. The City supports legislation that would increase support
of Texas public libraries through TexShare and the Library of Texas for improved
access to electronic inforrnation.
g. E-Commerce Taxation. The City supports a level playing field for all businesses
whether they are locally operating or operating through e-cornmerce. The City
opposes any system of taxation which restricts a local government's ability to
collect sales tax on commerce over the Internet.
ENDORSE
g. Workforce Development. The City supports local control over employment
training programs, continuation of Smart Job training grants and the Skills
Development Fund, and State funding for adult literacy programs.
13
XII. EFFICIENT ADMINISTRATION
PRIORITY
ACTIVELY SUPPORT
a. Sales Tax Exemption. The City opposes legislation that would enact a sales tax
exemption that isn't a local option exemption.
b. Property Tax Exemption. The City opposes legislation that would enact a property
tax exernption that would shift the burden to other taxpayers and that would be a
substantial erosion of the tax base.
c. Delinquent Sales Tax. The City opposes legislation that would abolish the
authority of cities to sue for delinquent sales taxes or to join in an attorney
general's suit.
d. Notificationof DelinquentAmounts of Sales Taxes. The City opposes legislation
that would repeal the requirement that the comptroller notify cities of delinquent
amounts of sales taxes.
e. Rate Case and Complaint Dockets. The City supports legislation that would
establish the right of cities to recover expenses related to rate case and complaint
dockets within a reasonable time and require utilities to recover rate case
expenses out of stockholders' equity when a rate case is found to be unjustified.
f. Water or Wastewater Permittees Fees. The City opposes legislation that would
increase fees paid by water or wastewater permittees.
g. Sales Tax Pledge. The City supports allowing the pledge of sales tax for financial
obligations outside of econornic development.
ENDORSE
h. Open Meetings Act The City supports legislation clearly exempting frorn the Open
Meetings Act attendance by a quorum at public community events, and clarifying
restrictions on meetings in less than a quorum. The City opposes making the Act
rnore restrictive.
14
FEDERAL LEGISLATION/ACTION
A. Packery Channel. The City strongly supports legislation/action to continue the
North Padre Island Storm Damage Reduction and Environmental Retention
Project to its completion.
B. CDBGniOMEFunding. The City has found Federal funding ofthe CDSG and HOME
Program to be essential to the continued wellbeing and revitalization of the City.
Therefore, the City strongly supports continued and increased funding for the
programs.
C. Diversion to State. The City supports direct Federal funding of programs to cities
and generally opposes funding to cities being routed through State government.
D. Homeland Security. Due to greatly increased costs of local security activities, the
City supports continued and increased direct Federal funding of homeland
security to cities.
E. Military. The city strongly supports legislation/funding/actionslo maintain our local
areas' military facilities as one of the City's highest priorities.
F. Coordination with Local Agencies. Whenever possible and particularly where
there is a commonality of interest, the City will support local agencies or units
such as the County, RT A and the Port in their efforts to secure favorable legislation
and/or funding.
G. Protection of Right of Way Fees and Authority. The City strongly supports its
traditional authority to charge rental value to private companies for the use of
valuable public rights of way, and to reasonably regulate the rights of way for the
benefit of the public. The City strongly opposes any dilution of its traditional
authority .
15
RESOLUTION
ADOPTING THE CITY OF CORPUS CHRISTI'S LEGISLATIVE
PROGRAM FOR THE SEVENTY-NINTH LEGISLATIVE
SESSION FOR THE STATE OF TEXAS.
WHEREAS, the 79th Texas Legislature convenes in January 2005; and
WHEREAS, the Texas Legislature will consider many measures that may affect
the City of Corpus Christi; and
WHEREAS, it is necessary to provide guidance for the City officers and
representatives in conducting the City's legislative efforts and relations.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF CORPUS CHRISTI, TEXAS:
SECTION 1. The City Council adopts the Legislative Program, which is attached to and
incorporated into this resolution.
SECTION 2. This Legislative Program remains in effect until amended by the City
Council.
SECTION 3. The City Manager is directed to distribute this Legislative Program to the
local legislative delegation and solicit their advice and support.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED: i5f^ day of MtI~
~~d.h
Mary y Fis er
City Attorney
Samuel 1. Neal, Jr.
Mayor
,2004.
Reso 4 Legislative Program\MKF.lla
Corpus Christi, Texas
of
,2004
The above resolution was passed by the following vote:
Samuel 1. Neal, Jr.
Brent Chesney
Javier D. Colmenero
Melody Cooper
Henry Garrett
Bill Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
Reso 4 Legislative Program\MKF.Ua
5
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: November 16. 2004
AGENDA ITEM:
An ordinance revising Articles 1,11,111 and IV of Chapter 6, Animal Control, Code of Ordinances; redesignating
existing Articles VI as Article VII; redesignating existing Article V as Article VI; providing for penalties;
providing for severance; and providing for publication.
ISSUE:
Revisions of Chapter 6, Code of Ordinances. Many of the existing Animal Control Ordinances have become out
of date.
REQillRED COUNCIL ACTION:
Council action is required to revise ordinances.
PREVIOUS COUNCIL ACTION:
Many Animal Control Ordinances exist in their original form from 1958 and others have been subsequently
amended.
CONCLUSION AND RECOMMENDATION:
Recommend council approval of ordinance revision to Chapter 6, Animal Control, Code of Ordinances.
~?~,,/hP#
Annette Rodriguez, MPH
Assistant Director of Public Health
Attachments:
C:\DOCUME-l\User\LOCALS~I\Temp\COUNC presentation 04 ordinaces.DOC
BACKGROUND INFORMATION
Many Animal Control Ordinances have become out of date. Some ordinances still exist in their
original form from 1958 and other have been subsequently amended with new ones added.
The Animal Control Advisory Committee began in early 2002 to revise and add clarification to
the ordinances being presented to Council.
C:\DOCUME-I\User\LOCALS-l\Temp\COUNC presentation 04 ordinaces.DOC
AN ORDINANCE
REVISING CHAPTER 6, CODE OF ORDINANCES, BY RENAMING THE
CHAPTER; REDESIGNATING EXISTING ARTICLES III, IV, V, AND VI AS
ARTICLES V, VI, VII, AND VIII, RESPECTIVELY; CREATING NEW
ARTICLES III AND IV; RENAMING ARTICLES I AND II, REDESIGNATING
CERTAIN SECTIONS; REVISING THE LANGUAGE OF THE CHAPTER;
PROVIDING FOR PENALTIES; PROVIDING FOR SEVERANCE; AND
PROVIDING FOR PUBLICATION.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS,
THAT:
SECTION 1. Chapter 6, of the Code of Ordinances, is revised by renaming the chapter;
redesignating existing Articles III, IV, V, and VI as new Articles V, VI, VII, and VIII,
respectively; creating new Articles III and IV; renaming Articles I and II; redesignating certain
sections; and revising the language in the chapter to read as follows:
"Chapter 6 ANIMAL CARE AND CONTROL
"ARTICLE I. IN GENiR.I\L GENERAL PROVISIONS
"Sec. 6-1. Penalties. Definitions. [Note: Penalties moved to Sec. 6-2 and Definitions
moved from previous Sec. 6-2.]
"It sholl bo unlaVJful for any person to violate any ~rovisions Elf this st1a",ter. 3\,Jsh
violation shall be a misdemeanor and sholl be punishable lJy a fine of not less than
twonty five dollars ($25.00) plus oourt oests nor more than five hundrea dollars
($500.99) plus Gourt sests.
"If any violation is oontinuing, oash day's violation shalllJe doomed a sepaFato effom;o.
If Qny person is fO\,Jnd guilty of '1iolatin€l section e JQ of this cha~tor, all licenses ana/or
permits held l3y such person under this shapter shalllJe automatically revokod.
J&..As used in this chapter, the following words sJ:lalI have the meanings ascribed to them in
this section:
"/Inima!: Animal means anv Arty living vertebrate creature, domestic or wild, other than Homo
sapiens.
"Animal contrEl! of'fiGor: Care Officer means the The animal eontrol supervisor Animal Care
Services division manaaer, or his/her authorizea agents or employoos of tho animal control
seotion emplovees of the Animal Care Services division, or authorized aaents of Animal Care
Services.
"Animal Care Services means a division of the Department of Public Health responsible for
enforcina State and local laws. ordinances. rules, and reaulations reaardina the care and
keepina of animals. includina the provisions of this chapter.
"At large or running at ~ lame means anv AAy animal within the Gity City not kept under
restraint.
"/lttaGIr: Attack means to +e set upon with violent force.
"Iwction: Auction means anv AAy place or facility within the City where animals are regularly
bought, sold, offered for sale, or traded, except for those facilities otherwise defined in this
chapter.
"Gat; Cat means a A domesticated member of the Felidae (feline) family, other than a IiefI,
ti!jer, 13obcat, jaguar, panther, loopard, OOl,l!jar, bobcat. couoar, iaauar, leopard, lion, panther,
tioer, or other prohibited animal.
"C!ro/JS: Circus means a A commercial variety show featuring animal acts for public
entertainment.
"City hoa!th officer: Health Officer means the +Ae director of the departmont of publio hoalth
Department of Public Health for the Gity Citv or the director's desianee.
"City animal sho!ror: shelter means a A place operated by or for the Gity Citv, whether in Gity
City facilities or by contract, for the detention of dogs, cats, and other animals as prescribed
by law.
"Collar or harness means a band of leather. nvlon, rope, or similar material. excludino chain if
utilized for trainino purposes, that is commonlv used on an animal to aid in control of
movement of the animal. bv the animal's owner, and to which a leash or lead can be
attached.
"Commercial animal ostDlJlishment: establishment means anv Any pet shop, auction, riding
E;ohool, sta13le, kennel, zoologioal park, oircus, hatoher/, \<eterinary hespital, performing
animal exhibition, auction, circus, hatchery. kennel. performino animal exhibit. performino
animal exhibition, pet shop. rodeo, stable, or zooloaical park or any lot, building, structure,
enoloE;ure, or premises within the Gity Citv used for the business of buying, selling, grooming,
breeding, or boarding of animals.
"Commercial property: property means:
"(1) ts-a Any portion of land and!or~buildings or buildinos, excludino publicly owned
property, that is zoned fef;- or utilized for commercial or business uses within the Gity
Citv, including temporary sites.
"(2) Is any Anv vehicle utilized for commercial or business purposes ffi within the
Gity City.
"Dangerous aRima!: animal means:
"llLAny animal that, without provocation, bites or soratsl'les or attaoks scratches, bites.
or attacks any otl'ler animal or and iniures any human being within the sit)' limits withel,lt
H:\LEG-DIRlelizabeth\Dept FileslEH Ordinances\EHord155 Revised 02.doc
Page 2 of 45
provocation Citv and that occurs in a place other than an enclosure in which the animal
was beinq kept and which enclosure was reasonably certain to prevent the animal from I
eavino the enclosure on its own.
"(2) Anv animal that. without provocation. scratches. bites, or attacks and iniures or kills a
domesticated animal and that occurs in a place other than an enclosure in which the
animal was beinq kept and which enclosure was reasonably certain to prevent the animal
from leavinq the enclosure on its own.
"(3) Anv animal that. without provocation. commits acts in a place other than an
enclosure in which the animal was beinq kept and which enclosure was reasonably
certain to prevent the animal from leavino the enclosure on its own and those acts cause
a person to reasonablv believe that the animal will attack and cause bodily iniury to that
person.
"lJefF Doa means a A domesticated member of the Canidae (canine) family, other than a
wolf, jaskal, fux, dingo, coyote, covote, dinqo, fox, iackal. wolf, wolf hybrid, or other prohibited
animal.
"Dog or cat lieonso: reaistration means a A privilege granted, Gfl upon compliance with the
terms of this chapter, to lawfullv own, keep, harbor, or have custody or control of a dog or cat
legally within the Gity Citv during the calondar year.
"Dog or cat ,'!eonse tag: reaistration taa means a A metal tag for attachment to dog or cat
collars, carrying displavinq a serial number corresponding to the number of the dog or cat
license reqistration for &\,jGf\ the animal for which it was issued,--afI€I showing the calendar
year the license reoistration is was issued. and which must be attached to the animal's collar
or harness for which it was issued.
"Fooe: Any fa'...., saoked or prooeE:sed edible substance, ice, beverage or ingredient used or
intended for use or sale in whole or in part fur human oonsumption.
"Food means:
"(1) With respect to food processino or food service establishments, anv raw.
cooked, or processed edible substance, ice, beveraqe. or inqredient used or
intended for use or sale, in whole or in part. for human consumption.
"(2) With respect to animals. anv commerciallv processed and packaoed substance
intended for use bv an animal owner to meet and maintain the nutritional needs of
the animal for which it was processed and packaqed.
"Food processing ostab!isnmont: establishment means any place A commercial
eE:tablishmont in which food is commercially manufactured or packaged for human
consumption.
"Food service ostab.lishment: establishment means any Af+y place where food is prepared
and intended for individual portion service, and includes the site at which individual portions
H:\LEG-DIR\elizabeth\Dept Files\EH Ordinances\EHord155 Revised Q2.doc
Page 3 of 45
are provided. The term incl\Jdes tho site at ,....hich indivisual portions are providos. The term
includes any such place regardless of whether consumption is on or off the premises and
regardless of whether there is a charge for the food. The term also includes delicatessen-
type operations that prepare sandwiches intended for individual portion service. The term
does not include private homes where food is prepared or served for individual family
consumption, the location of vending machines, and supply vehicles.
"~Fowl means anv AAy live bird.
"Groomina shop means a commercial enterprise where two or more doas or cats over four
(4) months of aae are aroomed. upon aareement with the doa or cat owner, on a service-for-
fee basis. The premises must be located within an appropriatelv zoned area and a certificate
of occupancv must have been obtained for the intended use, if reauired by the City's zoning
and construction ordinances.
"Guard GiGg: Guard doo means anv AAy dog that is utilized to protect commercial property,as
heroin definod.
"Harohory Hatchery means a A commercial establishment enterprise reaularlv engaged in
supplying, selling, or offering for sale any fowl to commercial and/or or agricultural customers.
"Impound: Impound means to +e take into eustasy custodv, ef-tG-place in the 6ity City animal
sholter shelter, ef-tG-be observed by a licensed veterinarian at a veterinary hospital.
"Kennel means a commercial enterprise. excludina a veterinary hospital. where four or more
doas or cats over four (4) months of aae are kept. raised. sold, boarded, bred, shown.
treated. or Qroomed on a dailv. weeklv. or monthly basis. The premises must be located
within an appropriatelv zoned area and a certificate of occupancv must have been obtained
for kennel use. if reauired bv the City's zonina and construction ordinances.
"UeeRsod '/()tefiRafian: Licensed veterinarian means a A veterinarian licensed by the Texas
State Board of Veterinary Medical Examiners.
"U'/oswsk: Livestock means farm animals. such as horses. Horses, Shotland ponies, mules,
donkeys, cattle, goats, sheep sheep, and swine, rogaraless of age, sox or brood.
"OWRor: Owner means any AAy person owning, koo\3ing keepina, or harboring one or more
animals. An animal shall be is deemed to be harbored if it is fed or shelterod provided water.
An animal GRail be is deemed to be kept if it is feG.; fed or provided water and shelterod,
sheltered or restrained except upon the authorization of aniR1al eentrol the Animal Care
Services manaoer.
"Performino anima/ exhibit means anv spectacle. act. or event. excludino a circus or rodeo, in
which animals display stunts. tricks. skills. or natural characteristics and which spectacle. act,
or event does not exceed two (2) calendar davs in duration.
"PerfGl'I'Riflg an.ima! exhieition: Performino animal exhibition means anv AAy spectacle,
ais\3lay, act act. or e'/ont etRer tRan cire\JseG, event. excludinQ a circus or rodeo. in which
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performing animals displav stunts, tricks. skills, or natural characteristics and which
spectacle, act. or event exceeds two (2) calendar davs in duration.
"~ Pet means anv AAy animal not otherwise prohibited under this chapter that is kept for
pleasure rather than utility.
"Pot shOf): Pet shoo means a A commercial enterprise regularly engaged in the buying,
selling, grooFRing, ereeEling or bearding buyino and sellino of animals and animal-related
products. The SueR premises sf!aIl must be located within an appropriately zoned 8fea;- area
and a certificate of occupancy must have been obtained for the intended €lush uso. use, if
reouired bv the City's zonino and construction ordinances.
"Pou/try: Poultry means anv AAy species of domesticated bifQ& fowl commonly kept for eggs
and/or or ~ meat. such as chickens, turkevs. ducks. or oeese.
",D,rohibitfJd ilRima/: Prohibited animal means anv AAy animal not nerFRally Bern anEl raisod in
captivity, ineludin!j but not limited te the fellowiR!j:, other than a common household pet. such
as a canary, finch. cockatiel. hamster. ouinea pio. oerbil, rabbit. ferret. fish, or small
nonpoisonous reptiles, that poses a potential physical or disease threat to the public or that is
protected bv international. federal, or State laws or requlations, and includes, but is not
limited to. the followino:
"(1) Within the Class Reptilia: Family Helodermatidea (venomous Iizards)~ anEl all Familv
Varanidae (monitor); (monitors); ~ Order Ophidia, family Familv Boidoe (boas,
pythons, and anaconda~); family Familv Hydrophiidae (marine snakes); family Familv
Viperidae (rattlesnakes, copperheads, cottonmouths. pit vipers. and true vipers);
family Familv Elapidae (coral snakes, cobras. and mambas); family Familv
Colubridae, Dispholidus Typus (boomslang), Cyclagras gigas (water cobra), Boiga
dendrophila (mangrove snake) and Kirtlandii (twig snake) only; order Crocodilia
(crocodiles, alligators, caimans, and gavials);
"(2) Within the Class Aves: Order Falconiforms (sl,lsh as hawks, eagles eaoles, and
vultures) and subdivision Rapitae (such as ostriches, rheas, cassowaries~and
emus);
"(3) Within the Class Mammalia: Order Carnivora, (the faFRily Family foliElao Felidae.t
(such as couoars, tioers. lions. bobcats. and ocelots) except domesticated cats, aAG
the family Family Canidae (such as wolves, dingos, coyotes~and jackals), except
domesticated dogs~; the family Familv Mustelidae (such as weasels, skunks,
martins, mink, badgers)~; faFRily Familv Procyonidae (such as raccoons), and; family
Familv Ursidae (such as Bear-s bears); anEl erdor Order Marsupialia (such as
kangaroos, and opossums); ~ Order Chiroptera (bats); efGef Order Edentata
(such as sloths, anteaters~and armadillos); efGef Order Proboscidea (elephants);
efGef Order Primata (such as monkeys, chimpanzees~and gorillas); efGef Order
Rodentia (such as porcupines); and ~ Order Ungulata (such as antelope, deer,
bison~and camels); and
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"(4) Within the Class Amphibia: Poisonous ~froas. toads, and salamanders.
[Note: Paragraph below moved to beginning of the definition for "Prohibited Animal"
above.]
"Prohibited anim;:lI does not inolude livestook, fowl, poultry or normal household pets, suoh as
a f3sittaoine bird, canary, finoh, oookatiel, hamster, guinea pig, gerbil, mbbit, ferret, fish or
small nonf3oisonous reptiles.
",am'loeatlon: Provocation means anv AfIy purposeful act that causes an animal to bite;-
soratGR, scratch, bite, or attack in protection of self, owner itself, the owner, or the owner's
premises. Entrance, in any manner, into an area where an animal is properly under restraint
in compliance with oity ordinanoes this chapter would be is considered provocation,
irrespective of the reason for S1.I6A the entrance.
",aubile Ru!saneo: Public nuisance means anv AfIy animal whioh: that:
"(1) Is a dangerous dog within the meaning of Chapter 822, Health and Safety Code, as
it mav be amended.
"(2) Trespasses on school grounds.
"(3) Is repeatedly at large.
"(4) Damages private or public property.
"(5) Barks, whines, howls or makes other annoying noises in an excessive,
continuous or unreasonable fashion, or at unreasonable hours.
"(6) Attacks and iniures or kills a domestic animal.
"Pursuit: Pursuit means the +As continuous act of chasing or attempting to overtake a fleeing
animal.
"Ratproof: Rat-proof means a A state of being so oonstructed as constructed so as to
effectively prevent the entrance of rats.
"Rostralnt: Restraint means anv AfIy animal that is securely caged;"'Gf-secured by a leash or
lead attached to a collar or harness and under the effective control of a responsible person
and obedient to that person's commands~~within the confines of its owner's home or yard
which is fully enclosed by a ~ secure and substantial fence; or , or whon tho GRimal is
properly tethered. Horses must be kept in stalls, or in pastures or paddocks with aoceptal3le
secure and substantial fencing. In addition, a dog shalll:Je is deemed under restraint in the
following circumstances:
"(1) When the dog is entered in a bona fide dog show, field trial, or exhibition held ifl-tAe
Gity within the Citv, while the dog is actually engaged in S1.I6A the show, trial. or
exhibition.
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"(2) When the dog is accompanied by and in the presence of its owner, master, or
trainer, while the dog is actually engaged in dog obedience training; provided, the
person training S1ffiI:\ the dog has in S1ffiI:\ the person's possession a leash of at least
five (5) feet and not more than ten (10) feet in length and of sufficient strength to
control the dog.
"(3)When the dog is used by a blind or doaf porsan person with disabilities who
utilizes the dog as a service animal to aid the person in going from place to place
within the Gity QITy.
"(4) When the dog is utilized by a licensed peace officer for law enforcement
purposes.
"Riding school or st-ab.lo: Stable means any ARy- place wJ:HGil that provides:
"(1) Any horse, pony, donkey, or mule for hire. ; LInd/or
"(2) Boarding LlnEl/ar or grazing for any horse, pony, donkey or mule. ; LInd/or
"(3) Riding instruction on anv horse, pony, donkev, or mule.
"Sanitary: Sanitary means anv ARy- condition of good order and cleanliness, free from the
elements of filth or baoteria, bacteria that endanger health.
"Tethor: Tether means to +e restrain an animal by rope, chain, or the like, such a similar
material attached to a collar or harness so that an animal is fastened to a fixed object or other
device so as to limit its range of movement.
"VoGGinatien eortificaro: Vaccination certificate means the +Ae certificate issued by a licensed
veterinarian on a term in a form that meets the minimum standards approved by the Texas
Board of Health for presentation to the animal oontral seotion Animal Care Services division
as a condition precedent to the granting of a dog or cat lioonse reaistration. and showing on
its face that, at the time of ~ presentation, the dog or cat covered thereby by the certificate
has been vaccinated for rabies.
"Veterinary hOSfJital: Veterinary hospital means anv ARy- establishment maintained and
operated by a licensed veterinarian for surgery, diagnosis, and the treatment of diseases and
injuries to animals.
"Zoelog!Ga.l parle Zo%aica/ park means any ARy- lot, building, structure, enclosure, or
premises, other than a pet shop or kennel, displaying or exhibiting one or more species of
non-domesticated animals and that is accredited by a recoanized national Or state zoological
entitv. The ~ premises sRall must be located within an appropriately zoned area and g
certificate of occupancy must have been obtained for S1ffiI:\ the intended use, if reauired by
the City's zoninQ and construction ordinances.
"(QL The words "animal," "dog" and "oat" shLlII "cat." "dog," "fowL" "Iiyestock," and "poultrv"
include both the male and female gender.
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"(c) The sinQular form of words includes the plural form and vice versa.
"Sec. 6-2. Definitions. Penalties. [Note: Definitions moved to Sec. 6-1 and Penalties
moved from Sec. 6-1; modified w/new language and increased fines.]
"{ill. No person may violate any provisions of this chapter. A violation of anv of the provisions
of this chapter constitutes a violation of a public health law. A violation is punishable by a
fine of not less than fifty dollars $50.00 plus court costs nor more than two thousand
dollars ($2,000) plus court costs.
"ili Violations of this chapter are treated as strict liability offenses. There is no need to prove
that the person had an intent to violate the provision with which the person is charged
under this chapter. [Note: Strict liability offense language from previous Sec. 6-5.]
"1.9 Each day a violation continues constitutes a separate offense.
"(d) If any person is found guilty of violating seotion 6 30 of this chapter, all registrations
and flermits held lily the person under tRis chapter am automatically revoked. [Note:
Language deleted because it is in conflict with the Administrative Proceedings
provisions contained in the chapter.]
"Sec. 6-3. Animal control section Care Services division and sllpeF\'isor manaaer.
"(a) The animal control section Animal Care Services division shall be is a unit of the
department of public health Department of Public Health and shall be is in the charge of a
person having suitable qualifications and designated by the Gity Ql!y as the animal control
supervisor Animal Care Services manaoer.
"(b) In addition to the duties specifically prescribed in this chapter, it shall be is the
responsibility of the animal control super-vieor Animal Care Services manaaer to execute
W6A other duties under the jurisdiction of the department of public health Department of
Public Health as the director Citv Health Officer may delegate.
"(c) The animal oontrol supervisor Animal Care Services manaoer shall supervise the
operation of the Gity Ql!y animal shelter.
"(d) All monies collected by the animal control seotion Animal Care Services division under
the terms of this chapter &RaIl must be paid to the collection Collections section of the Gity
Ql!y eaoh day as oollected in accordance with the finanoe department's polioy. policies of
the Citv's Finance Department.
"Sec. 6-4. Interference with animal control officer Animal Care Officer.
"It shall be unla'l..rul for any No person tG may interfere with an animal control o#ieer Animal
Care Officer while an officer is engaged in the performance of his/her the officer's duties.
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"Sec. 6-5. Pursuit of animals. [Note: Moved from Sec. 6-11; modified w/new
language.]
"For purposes of discharging the duties imposed by the provisions of this chapter, or other
applicable laws, and to enforce the same, duly authorized repree;entatives or employees an
Animal Care Officer or police officer may enter upon private property to the fullest extent
permitted by law, except dwellings located on the property, when in pursuit of any animal
which he/she the officer has reason to believe is subject to impoundment under the
provisions of this chapter or other applicable laws.
"Sec. 6-6. Reaulations. [Note: Moved from Sec. 6-16; modified w/new language.]
"Regulations providing for the interpretation and enforcement of this chapter may be adopted
by the oity health offioer. City Health Officer. The reaulations are effective after review at a
public meetina held by the Animal Control Advisorv Committee. A copv of the reaulations will
be kept on file in the City Secretarv's Office.
"Sec. 6-6 6-7. Compliance with chapter required for keeping animals.
"It iE: unlavlful and it shall be a misdemeanor fer any perE:on to No person mav do any act
forbidden or fail to do any act required in this chapter. Unloss speoifioally requirod herein, no
mental eleR'lent need Be prosent to oone;titute an offenGo under this ohapter. [Note: Strict
liability offense language stated in Sec. 6-2.]
"Sec. 6-6 6-8. Compliance with sanitation standards required for keeping animals.
"The owner of any animal within the My City and the holder of any commercial permit issued
under this chapter as authorized in this ohapter shall must comply with the standards of
sanitation established therefor by the oity health offioer City Health Officer under this chapter.
"Sec. 6-7- 6-9. Compliance with chapter not relief from compliance with othel'
reglllatioR. federal. State. and City laws. rules. and reaulations.
"The keeping of any animal in accordance with the provisions of this chapter sAaII mav not be
construed to authorize the keeping of the &aIJIe the animal in violation of anv federal. State,
or City laws. rules, and reaulations, includina the zoning ordinanoe ordinances or any other
ordinance of the My City.
"Sec. i-3 6-10. Inspection of animals and premises.
"Animals and premises whereon where animals are kept or maintained shall be are subject to
inspection by the city health offioer, City Health Officer, or his,lher authorized represent3ti'/e
or employees, the City Health Officer's desianee. the Animal Care Services manaaer. ef an
animal oontrel offioer, Animal Care Officer. or any police officer at any reasonable hour, or at
any hour in cases of emergency.
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"Sec. 6-9 6-11. Abatement of conditions not complying with chapter.
"Whenever any premises where animals are kept are in an unsanitary condition, Gf the
facilities are not in keeping with the provisions of this chapter or any etAef regulations herein
established bv the City Health Officer, or if any health ordinance or law pertainino to the care
or keepino of an animal is not observed, the oity health sffieer Citv Health Officer or his/her
representative the City Health Officer's desionee, by written notice to the person responsible
for the condition of the premises or the keeping of the animals or to the person owning or in
control of stlBA the premises, may order the abatement of the conditions which are not in
accordance with this chapter Gf other regulations, reoulations or laws, or oonditisAs which
constitute a nuisance. Failure to comply with soof:l the written notice orser shall, in addition to
any oriminal or administrative prooeesings, be constitutes grounds for aAs entitle the Gity City
to obtain relief by injunction. Additionallv, failure to complv with the written notice mav
subiect the violator to administrative proceedinos and criminal charoes.
[Note: Previous Secs. 6-10 (Licensing, now Registration), 6-11 (Pursuit of animals),
and 6-12 (Administrative Proceedings) are in new revised articles and sections.]
"Sec. ~ 6-12. Same Application Omissions omissions or falsifications.
"If an applicant has withheld or falsified any information on an application submitted under
this chapter, the animal oontrol supervisor Animal Care Services manaoer may refuse to
issue a permit or Iioense reoistration or permit. or may revoke any peFmit or lioense
reoistration or permit issued in connection with soof:l the application.
"Sec. 644. 6-13. Same Effect of P-FiGF prior convictions.
"No person who has been convicted within the preceding sixty (60) months of cruelty to
animals under this chapter or any other animal cruelty law of this state or any other
jurisdiction in the United States sRalI mav be issued a permit sr lioense reoistration or permit.
"Sec. ~ 6-14. Same Reapplication upon denial of reaistration or permit.
"(a) Any person having been denied a lioense reoistration or permit for any reasons other
than soetisn e 11 above Section 6-13 of this chapter may not reapply for a period of
thirty (30) days after such denial.
"(b) Each reapplication sRalI must be accompanied by a nonrefundable ten-dollar ($10.00)
fee.
"Ses.6 16. Regulations. [Note: Moved to Sec. 6-6.]
"RegulatioAs pro'/iding for interpretation and enforoement of this e"'apter may be asopted by
the oity health offioer. Sue'" regulations shalll3e e#eetive after review at a pub lie meeting by
the animal oQAtrol advisor! bsard.
"Ses.6 17. ReserveEl.
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"Ses. Ii 18. Commersial permits ami fees. [Note: Entire section moved to new
Article III and reformatted.]
"(a) Except for veterinarianE or veterinary hospitalc; all commercial animal
ectatllishments, and O'A'norE/pocceccors of dogs sefined as "gu:ud dogc" shall be
required to maintain a current and valid cOR'lR'lercial permit.
"(b) The commercial permit chall be renewable annually upon incpection and payment of a
fee,
"(c) Fees for cuch permitc shall be in accordance with the follewing cchodule:
"Pet storec .................................................................................................. $ 50.00
"Department ctores (fich, rodentc, birdE) ....................................................... 25.00
"KenneIE:
"/\uthorized lecE than ten (10) animalc ...................................................
"Authorized bet\'.'een ten (10) and fifty (50) animalc ...............................
".^,uthorized fifty one (51) or more animals ..................-...........................
"StableE:
"Ablthorized less than ten (10) horceE .....................................................
"Authorized between ten (10) and t\venty five (25) horces ......................
"/\uthorized twenty Eix (26) or more horses ............................................
"Grooming chopc ...........................................................................................
":j: rf" I
emporary pe ormlng anima .....................................................................
25.00
50.00
100.00
25.00
50.00
100.00
50.00
213.00
"CircuEeE .........................................................................,............................... 50.00
"Rodeos .....................................,....................,.............................................. 200.00
"Petting ZOOE (temporary) ..... ........ ......... ...... ...... ........... ........... ......... ............
"Guard dogE:
"S' I s I' I 't
Ing e og,slng e C1 e .............................................................................
"Multiple dogE!Eingle site ... ........, ........... ...... ........ ................ ....................
"Multiple siteE with one (1) dog .............................................................
50.00
25.00
50.00
100.00
"Training center .... ................ ........ ...... ............. ...... ........... ............................. 200.00
"/\nimal exhibit ........... ........ ... .............. ........... ..... ... ........................................ 200.00
"Br-eoding (fer cale) .. ........ ................... ................... ..... ................................... 200.00
"Rabbits (breesiFlg and cale) ......................................................................... 50.00
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",^.uotiom: ......... .............................................. ................ ........... ..... ................ 100.00
"Tempomry pormit (thirty day for sale of :mimals) ....................................... 15.00
"(b) Pormits shall bo issued and ronowed upon applioation. Each pormit for a kennel or
stable shall speoify the maximum number of animals that may Be kept at the business
establishment.
"(c) Upon initial application for a permit, the animal oontrol offioer shall and review and oertify
that the commercial animal establishment is in eompliance with all oonstruotion, zoning,
or other orsinanoos of the City governing tho conduGt of tho business of the oommeroial
animal establishment after cons~lting with tho b~i1sing official and zoning and code
enforsement administrator. /\n appropriate certificate of oecupancy iS6~ed by tho
building official may be considered a6 evidenoe that the oommercial animal
establishment oomplies with tho City's oonstruction and zoning ordinano06.
"(d) No permit shall be transferred or assignod.
"(e) t.ny estaBlishmont pro'/iding services olassified in 1:\...0 (2) or more oategories of fees in
ti:1e fee ssi:1edulo will be required to obtain only one (1) permit, and the fee ohargod for
such permit shall be the highest of the fees for any of the applioable catogories.
"(f) t,nimal exhiBits and acoredited zoologioal parks may request pormission to possess
prohi13ites animals 'Nithin the City limits of the City of Corpus Christi for the duration of tho
commersial penT-lit. Possession of a prohibites animal pursuant to this seotion shall be
exempt from the terms of seotion 6 d2 and subjoet to regulations pre6cribed by tho City
Health Officer for indemnifioatien of tho City, proof of insurance and suoh other oonditions
deemes neoessary to preservo the safety and .....elfaro of tho public.
"(g) Except as provided for a cirous, performing animal exhibition, or auction, the commercial
permit shall be renowable annually upon insl3ection.
"(h) Commersiall3ermits grantos to a circus, rodeo, a~ction, or performing oxhibition shall be
valid for the duration of tho event not to exceed thirty (dO) days frem the date of issuance.
t,ny simus, raseo, auGtion, l3erforming animal exhibition may req~est limited permission
to l30ssess a prehibitod animal within the oity limits of the City of Corpus Christi for the
duration of the sommoroial permit. Possession of a I3rohibitod animal pl,Jrsuant to this
seotion shall be exempt from tho terms of seotion 6 d2 and suBject to regulations
I3resoribes by tho sit l' hoalth offioer for insemnifioation of the city, proof of insuranco, and
sl,Jsh ethor conditions deemod nooessary to preservo the saf-oty and welfare of tho publio.
"(i) 1'. 'Naivor of tho pormit requiremonts of this seotion may bo granted by tho City Health
Officer in cases invol'/ing a soientific or odusationall3rogram, a show or oxhibition by a
nonprofit or!ijanization or animals O'.\'ned by tho sity upon a finding that suoh a waiver
wOl,Jld net endanger tho public or animal hoalth, or sr-eate a nuisance.
"0) In adsition to all ether oonditions of this seotion, ownors/opor-ator-s of stables or kennels,
exsept kennels eperated by '/oterinarians, where animals ar-e boaFEled or grazes for a fee
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must FRaintain a register identifying all aniFRals bearded or grazeel, the naFRe, adelress,
and telellRone number of the owners of eash animal inclueling an alternative emergency
telellhone nlJmbor, aREl a stateFRent by the owner of eash animalboareles or grazod
either assuming telal responsibility for the sare and feeding of the animal or transforring
311 resllensibility for the care and roeding ef the aniFRal te tho stable or kennel
ownor.'elleralor.
"(k) The stable or kennel e'fmer/ellerator must also proviele an emergency telephone number
where the stable or kennel owner.'operator or caretaker can be reached if they are not on
the Ilremises.
"(I) each cOFRRlercial aniFRal estal3lisRFRent, even tholJgh owned by the same l3erson, must
possess a l3ormit.
"(m)Upen the change in the location or ownership, a new application for a commercial permit
shall be rGlllJired.
"(n) Each cemmercial animal establishment shall be slJbject te inspection by an animal
control officer during norFRal business hours.
"(0) .II. commercial permit shall be dislllayed in a prominent place en the premises. In addilion
to all ether sonditions of this section, evmers.'l3ossessors of sogs defined as "guard dogs"
shall meet all regulations premulgales by the city health officer.
"(p) No sommercial animal establishmont shall sell any sog or sat, three (3) months of age or
older, to any person lJnless SlJch animal has a valid rabies vaccination.
"SeG. Ii 19. Reserved.
"Secs. 6-15 to 6-25. Reserved.
"ARTICLE II. lICIiNSIiS REGISTRATIONS AND PIiRMITS; II.DMINISTRATIVIi
PROCliiDINGS
[Note: Permits moved to new Article III; Administrative Proceedings moved to new
Article IV; Registration section has new format.]
"See. Ii 10. lieensing Sec. 6-26. Application reauirements.
"(a) Required. It shall be is lJnla'Nful for any por-son to No person mav own, keep, harbor, or
have custody or control of any dog or cat over three (3) four (4) months of age within the
Gity City without first oetaining a valid liconse havino reoistered fef..each SIJGll dog or cat
as herein provided under this article, except as permitted bv subsection (c) of this
section.
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"(1) It is presumed, in a prosecution for a violation of this subsection. that the doa or cat
owned. kept. or harbored by, or under the custodv or control of the person so
charoed was over four (4) months of aoe on the date of the violation.
"(2) It is presumed. in a prosecution for a violation of this subsection. that the person
charoed with ownino, keepina. harborino, or havino custody or control of a doa or cat
reauired to be reaistered under this subsection did not reaister the subiect animal in
accordance with this chapter unless. upon the reauest of an Animal Care Services
Officer or licensed peace officer at the time of the violation, valid proof of reaistration
was produced bv the person so charaed.
"(b) Application; prerequisites. Written application for licanses reaistrations and payment of
the applicable licansa reaistration fees sI:\aII must be made to the City's collection
collections section, animal control, Animal Care Services division, or participating
veterinarians. The application sI:\aII must include the name aRG, address, phone number,
state-issued driver's license or identification number, and date of birth of the applicant, a
description of the animal, and a currently valid rabies certificate issued by a licensed
veterinarian.
[Note: Fees amounts and paragraphs following moved to new subsection (d) of this
section.]
"(c) .&=00. The annual license fee shall be as follows:
"(1) Each spayes or neuter-ed dog er cat. . . $d.QO
"(2) Each dog or cat not spayed or neutered. . . 10.00
"~lo fee shall be charged for a license issued for any dog actually usod by a bliREl or deaf
person to aid such person in going frOln place to I3laGe. No fee shall ~o charlle€l for a license
issued fer any dog that is o'Nned and used by any law oRforcement agency for drug
awarenecs/detection, eemb deteGtien, or any other vorifies law enforcement purpose.
"Participating veterinarians .....ill be reeateEl ana sellar ($1.00) fer eaGA license they issue if the
duplicate cel3Y of the license/ '/accination certifiGate is subFRitted to the animal control di'/ision
within thirty (dO) days of issuance.
"(c) When to apply. Application for a licence An owner must make application for
reoistration must be made within thirty (dO) ten (10) days after obtaining a dog or
cat over three (3) four (4) months of age, except that this requirement will not apply
to a nonresident individual keeping a dog or cat within the Gity City for no longer than
sixty (60) days. l\ new resiaent to tAe City must FRake al3l3licatieR for r-eaistration
'....ithiR thirty (dg) savs of establisAinEl r-esiEleRso in the City. Fer the PUFeOSOS of this
seGtioR. "establishina resisense" FReaRS tAo GonneGtion of utilities at a FesideRSe in
ti:1e City.
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"(1) It is presumed, in a prosecution of a violation of this subsection, that
the doo or cat, owned by the person charqed with the violation, was obtained
more than 10 davs prior to the date of the violation.
"(2) It is presumed, in a prosecution of a violation of the exception contained in this
subsection, that the person charoed with the violation is a resident of the City
and that the person has kept the doq or cat within the Citv for a period
exceedinq sixtv (60) days.
"Sec. 6-27. Fees.
"(a) Fee. The annuallioonse reoistration fee shall be is as follows:
"(1) Each spayed or neutered dog or cat ...................................................... $ 3.00
"(2) Each dog or cat not spayed or neutered .................................................. 10.00
"(b) No fee &Ilall may be charged for a license reqistration issued for any dog actually used by
a blind or deaf person person with disabilities who utilizes the doq as a service animal to
aid suffi the person in going from place to place within the City.
"(c) No fee &Ilall mav be charged for a lioense reqistration issued for any dog that is owned
and used by any law enforcement agency for drug awareness/deteotion, druq or bomb
detection, or any other 'Jerified law enforcement purpose.
"(d) Participating veterinarians will be rebated one dollar ($1.00) for each lioense reqistration
they issue if the duplioate copy duplicate copies of the Iioenselvaooination reoistration
and vaccination oertifioate is certificates are submitted to the animal control Animal Care
Services division within thirty (dO) ten (10) days of issuance of the reqistration.
"Sec. 6-28. Term.
"If not revoked under the provisions of this chapter, suoh Iioense a reqistration shall be is
effective for a period of one year from the date of vaccination. Applioation for liElense r-onewal
may be made any time within a thirty day period prior to the expiration Elate of the Iioense .
"See, 6-29. Issuance and wearing of tag,
"(a) Issuance. Upon acceptance of the dog or cat lioense reqistration application and
pavment of the applicable fee, the City's Collections section, the animal control
supervisor Animal Care Services manaqer, or delegated the participatinq veterinarian
&Ilall will issue a durable lioense reoistration tag, stamped with an identifying number E.
serial number and the year of issuance. Tags shalllle designed so that they may be
oonveniently fastened or riveted to the animal's Dollar or harness.
"(b) Wearing of tag. rop!acomont fee. Dogs and cats must wear lioense reqistration
tags fastened to a collar or harness at all times.
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"(1) It is presumed, in a prosecution of a violation of this subsection, that a doq or
cat that is determined bv an Animal Care Officer or a police officer to be without a
reqistration taq fastened to its collar or harness while in a public place within the
City has not been vaccinated in compliance with this chapter.
"(2) It is presumed, in a prosecution of a violation of this subsection. that a doq or cat
that is determined by an Animal Care Officer or a police officer to be without a
reoistration tao fastened to its collar or harness while in a public place within the
Citv has not been reqistered in compliance with this chapter.
"(c) Replacement of tag. A duplicate license reqistration tag may be obtained from the
Animal Care Services division upon payment of a two-dollar ($2.00) replacement fee and
proof or presentation of the orioinal reoistration receipt.
"(d) Nontransferable. No person may use any liconse reoistration tao for any animal
other than the animal for which it was issued.
"Sec. 6-30. Registration records.
"The aniR'lal control supervisor Animal Care Services manaqer shall cause te be maintained
maintain a current record discloeiAg of the serial numbers of dog and cat lioenses
registrations and Iioense reoistration tags issued, and the names and addresses of persons
to whom the same are issued.
"Sec. 6-31. Reduction or waiver of fee during animal health campaigns.
'The city R'laA3ger City Manaqer is hemby authorized to temporarily reduce ohargoe or waive
fees for animal licenses reoistrations as part of community-wide licensing reqistration and
vaccination campaigns held bv the Animal Care Services division in conjunction with the
Coastal Bend Veterinary Medical Association or a nonprofit animal welfare orqanization to
increase the awareness of the need for pet vaccinations and lioeAsos reoistrations.
"Sec. 6-32. Dangerous dog registration.
"(a) A dog found to be a "dangerous dog" as defined by in Chapter 822, Health and Safety
Code, as it may be amended, sHall must wear a dangerous dog lioense reqistration tag
issued by the animal oontrol Animal Care Services division upon a payment of ~ fifty
dollars dollar ($50.00) licon~e reaistration fee.
"(b) StlGll A dangerous dog lieense reoistration tag sHall must be worn at all times by the
dangerous dog attached to a lime green colored, one-inch-wide collar.
"(c) In addition, tho The owner of a dangerous dog shall present proof of the secure
enclosure in which the dog sHall will be kept, proof of liability insurance coverage or
financial responsibility in an amount of at least one hundred thousand dollars
($100,000.00) to cover damages that mav result r-eslolltiAg from an attack by the
danoerous doo causino bodilv iniurv to a person, and proof of compliance with other
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conditions as may be required pursuant to by the City Health Officer and as may be
required under Chapter 822, Health and Safety Code, as it may be amended.
"SeG. I) 11. Pursuit of animals. [Note: Moved to Sec. 6-5.]
"for purposes ef disGAarging the dl,lties imposes by tho provisiens ef this chal3tor, er other
applicable la'lls, ans to enferce tAe same, duly autherized reprosentati'/oG or empleyees may
enter UpOA private property to the fullest extent perA'littosl3y la'...., exeept swellings loeated on
the property, .....hen in pursl,lit of any animal which he/she has reasen to believe is subject to
impounsA'lent pUFSuant the provisions ef this Ghapter or other apl3lical3le laws.
"SeG. I) 12. liGense anE! permit revoGation AE!ministrath"e proGeeE!ings.
[Note: Moved to new Article IV.]
"'al IAn.. .... 1-'
~ 7 . ".,on ,.,e.u.
"(1) The oity health officer or designee R1ay held an administrative hearing to dotermine
whether any lisense or permit issued p\,lrsuant to seGtions e 10, 6 17, 6 18, 6 21 and 6
d2 shouls be re'/okes or to otherwise regl,llate tAe keeping of an animal within the city,
if the license/permit holser or owner of an l,lnlioenses animal rofusos or fails to cOR1ply
with any prevision of this chapter, the rogl,llations prom\,llgates by the sity health officer,
or aAY la'll governing tAe protection and keeping of aniR1als.
"(2) The city health officer m\,lst hols an aSR1inistrative hearing to determine '....!:lether any
license or permit issued l3ursuant to sOGtions e 10, e 17, e 18, (3 21 and (3 32 should bo
ro'loked or te otheFwise regulate the keeping of an aniA'lal within the city, if:
"3. An aniR1al has been impOlmdod for an unprovoked biting offense; or
"b. f.n aniR1al has been the s\,ll3ject ef 1:\\10 (2) criminal chari,jes rosl,llting in conviction
or two (2) iml3eundments or any sembination of 1:\'10 (2) sush convictions and/or
impeunding incidents within tv,.enty four (21) months immediately preceding tho
date of the last such insident. ImpeundA'lents wAich oecurres as a resl,llt of
pre'/oked eiting, attacking or scratcAing ineisentc shall not ee consiseros for
p\,lrl3osos Elf this subsestion; Elr
"c. .^,ny animal has been kept in a stable in viol::Jtion of any seetion of the animal
contrel code; or
"d. The helder ef a cOR1mereial permit fails to cOR1ply with the provisions of seetion
6 18 or tAe reg\,llations proA'lloJlgates by the city Aealth officer.
"e. .^,ny dog Aas eeeome the sul3jeet or prebable subjeet of a cause of action filed
under Chapter 822, HealtA ans Safety Cose.
"(b) WritWn neUee roq/,J!ffid. ~lo Gl,leA adminiGtFative Aearing shall be Aeld .....itAol,lt gi'/ing
the license/perA'lit Aelder, or ewner ef an ~mlieensed animal, prior written notice of tAe date,
time and plase of l:1earing. Written notiee GAall eo deemed mase when a eertified letter return
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recoipt requested, addressed to the address indisated in the helder's last l3ermit or Iiconso
application or if no sl,lch al3lllication is on file, to the o'llnor's last known add ross, is depositod
in tho U.S. mail. \,Nritton notico shall also be doomed FRado whon the notico lotter is delivered
by an oFRployeo or reprosontative of the city health elfioer te sl,loh addross. All persons on tho
rogister kopt by a horso stablo for whioh an adFRinistrative hearing will bo held will bo notifiod
by coFtified mail that a hoaring is to take place.
"( 0) Df5f)ositfon. /l.t tho oonolusion of the asministrativo hearing, the oity health offioor or
designoe shall deterFRino if tho person holding the Iisense or permit, or tho ownor of an
unlioensod animal, has '/iolated any provision of this ohapter, the mgl,llations proml,llgated by
tho oity health offioer, or any law governing the proteotion anS keolling of tho animal in
questien. If any suoh violation has eeen follnd to have ooourr-es, tho sit l' hoalth offiser or
designee, in his/her disoretion, may or-Eler that any of the following aotiens be taken within the
timo specified 91' the oity health officer or sesignee.
"( 1) That the owner divest himself/herself of the aniFRal in Elllestion l;Jy either having it
hllFRanely ollthanizos or by reFRo'/ing it from the oity;
"(2) That the holder/owner oomply with sllesified sElnditions so as to be permittes to
oontinlle to keoll tho aniFRal within tho oity;
"(3) That a dangerous dog, or a sog having oauses the soath of a porsen and or-aored
destroyoEl by a governmontal agonoy responsiblo for animal oontrol, undor allthority of
TOl<a& Penal Cose, Chaptor 18, /\rticle 18.182, or unSer authElrity of Chapter 822,
Health and Safety Codo, shall be humanely euthanizes as Ilr-ovides by roglllation; or
"(4) Any othor disposition deomed to bo consistent '.\lith the protection of public hoalth,
safety and welfare.
"Secs. 6-33 to 6-50. Reserved.
"ARTICLE III. COMMERCIAL PERMITS AND FEES. [Note: Redesignation of new
article due to formatting.] [Note: Previous Sec. 6-18 constitutes entire new article
w/new and modified language and reorganization of existing provisions.]
"Sec. 6-51. General provisions.
"@l Except for veterinarians ef and veterinary hospitalsi .....all commercial animal
establishments and O'.vnore/possoSSOFS owners and possessors of dogs defined as
"guard dogs" Quard doos shall be are required to maintain a ourrent and valid commercial
permit.
"lQl No commercial permit sJ:ialI mav be transferred or assigned between persons, between
commercial animal establishments, or between a person and a commercial animal
establishment.
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"ifl Each separate and distinct commercial animal establishment, even though owned by the
same person, must possess a permit.
"1.Ql Upon tile g change in the location or ownership of a commercial animal establishment, a
new application for a commercial permit shall be is required.
"1m Each commercial animal establishment shall bo is subject to inspection by an animal
control officer Animal Care Officer during normal business hours.
"ill A commercial permit sRaIl must be displayed in a prominent place on the premises.
"illlln addition to all other conditions of this section article, owners/poSSOGSaFS and
possessors of dogs defined as "guard dogs" under this chaoter sRaIl must meet all
aoolicable orovisions of this chaoter and regulations promulgated by the city hoalth
officer City Health Officer.
"ilil No commercial animal establishment &RaIl may sell any dog or cat, three (3) four (4)
months of age or older, to any person unless Stlffi the animal has a valid rabies
vaccination.
"Sec. 6-52. Application.
"!ill All commercial animal establishments, excludinQ veterinarians and veterinarv hospitals.
and owners and possessors of Quard dOQS are required to obtain and submit an
apolication for a commercial oermit from the Animal Care Services division.
"ili Upon initial application for a permit, the aniR'1al control officer Animal Care Services
manaQer shall and must review and certify that the commercial animal establishment has
been insoected and is in compliance with all construction, zoning, or other ordinances of
the Gity City governing the conduct of the business of the commercial animal
establishment after consulting with the building official and zoning and Gaele enforcoR'1ent
3dministr-ator BuildinQ Official and ZoninQ and Code Enforcement Administrator. An
appropriate certificate of occupancy issued by the building official may be considered as
evidence that the commercial animal establishment complies with the ~ City's
construction and zoning ordinances.
"Sec. 6-53. Term.
"!ill +!=Ie Exceot as otherwise set out in this section, a commercial permit shall be is
renewable annually upon inspoetion and payment of a foo.
"ili Commercial permits granted to a circus, rodeo, auction, or porforR'1ing aniR'1al exhibition
an auction. circus, oerforminQ animal exhibition, and rodeo shall be are valid for the
duration of the event not to exceed thirty (30) days from the date of issuance.
"ill Commercial oermits Qranted to a oerforminQ animal exhibit are valid for a oeriod not
exceedinQ two (2) calendar davs.
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"Sec. 6-54. Fees.
"ill Fees for stI6R commercial permits shall be in aooordanoe with the following
sohedule are as follows:
"Animal exhibits ....... ....... ..... ............... ........ ..... ................. ..... .............. ....... $ 200.00
(Note: See Performing Animal Exhibition permit.)
"Auctions ...............................
100.00
"Breeding (for sale) ........ ............................. ....... ........ ......... .......... ........... ...... 200.00
"Circuses ... ........ .................. .......... ......... ........................... ...... ..... ...... WJ)Q 200.00
"Department Stores (fish, rodents, birds) ....................................................... 25.00
"Grooming Shops ....................
50.00
"Guard Dogs:
"Single dog/single site ............................................................................. 25.00
"Multiple dogs/single site ......................................................................... 50.00
"Multiple sites with one (1) dog.............................................................. 100.00
"Kennels:
"Authorized less than ten (10) animals ................................................... 25.00
"Authorized between ten (10) and fifty (50) animals ............................... 50.00
"Authorized fifty-one (51) or more animals .............................................. 100.00
"Temporary performing animal PerforminQ Animal Exhibit ........................... 25.00
"PerforminQ Animal Exhibition ...................................................................... 200.00
(Note: Previously, Animal Exhibit permit.)
"Pet Stores .............. .................. ....................... ............. .... ...... ........... ........... 50.00
"Petting Zoos (temporary; less than ten (10) davs) ....................................... 50.00
"Rabbits (brooding and salol ......................................................................... 50.00
"Rodeos .. ... .... .............. .............. ...... .... ......... .... ...... ........... ...... ..... ... ... ........... 200.00
"Stables:
"Authorized less than ten (10) horses .....................................................
"Authorized between ten (10) and twenty-five (25) horses ......................
"Authorized twenty-six (26) or more horses ............................................
25.00
50.00
100.00
"Tcmporary pcrmit (thirty day for sale of animals) .........................................
15.00
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"Training ccntor ............................................... .... ..... ...... ..........,.... _........... .... 200.00
"fQl Any commercial animal establishment providing services classified in two (2) or more
categories of focs in the foe schedule listed in subsection (al of this section .....ill bo is
required to obtain only one (1) permit, and the fee charged for SHGI:I the permit shall be is
the highest of the fees for any of the applicable categories.
"Sec. 6-55. Renewal of permit. [Note: Provisions incorporate previous Secs. 6-18(g)
and (q); fee language is new.]
"Except as pro'/ided for a circus, performing animal exhieition, or auction, for an auction,
circus, oerformina animal exhibit. oerformino animal exhibition, or rodeo. #:Ie .1! commercial
permit shall be is renewable annually upon inspection. uoon:
"(1) Inspection of the commercial animal establishment by the Animal Care Services
manager or the Animal Care Services manager's designee;
"(2) Review and certification by the Animal Care Services manager or the Animal Care
Services manager's designee that the commercial animal establishment is in
compliance with all applicable State and local laws, ordinances, rules, and
regulations governing the conduct of the business of the commercial animal
establishment; and
"(3) Payment of the required fees.
"Sec. 6-56 Pertainina to kennels and stables.
"@1 Each permit for a kennel or stable sRaIl must specify the maximum number of animals
that may be kept at the busincss kennel or stable.
"fQlln aElElitioA to all other conditions of this section, owners/eJ3erators Owners and ooerators
of stables or kennels, except kennels owned and operated by veterinarians, where
animals are boarded or grazed for a fee must maintain a register identifying all animals
boarded or grazed, the name, address, and telephone number of the owners of each
animal including an alternative emergency telephone number, and a statement by the
owner of each animal boarded or grazed either assuming total responsibility for the care
and feeding of the animal or transferring all responsibility for the care and feeding of the
animal to the stable or kennel owner/opcrator.or ooerator.
"{gl The stable or kennel owner/operator must also provide an emergency telephone
number where the stable or kennel owncr/operator or oaretakcr owner, ooerator, and any
caretaker of the stable or kennel can be reached if thcy arc not the owner, ooerator, or
caretaker do not reside on the premises.
"Sec. 6-57. Permission to possess prohibited animals.
"@1.^.nimal exi:1ieits and assreElited zoolegisal parkE>, Auctions, circuses. oerformino animal
exhibits, oerformino animal exhibitions, and rodeos may request limited permission to
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possess prohibited animals within the city limits of the City of Corpus Christi City for the
duration of tI=le E. commercial permit.
"fQl Possession of a prohibited animal pursuant to under this section shall be is exempt from
the terms of seotioR 632 Section 6-153 and is subject to regulations and rules prescribed
by the oity health sffioar Citv Health Officer fGf, includina, but not limited to,
indemnification of the 6ity .Qlly, proof of insurance~ and &\ffiA anv other conditions deemed
necessary to preserve the health, safety, and welfare of the public.
"Sec. 6-58. Waiver of reauirements.
"A waiver of a Dortion or all of the permit requirements of this sestion article may be granted
by the oity health offioer City Health Officer or the City Health Officer's desianee in cases
involving a scientific or educational program, a show or exhibition by a nonprofit organization~
or for animals owned by the 6ity City upon a finding that &\ffiA a waiver would not endanger
the public's health, safetv, or welfare~~animal's health, or create a nuisance.
"Secs. 6-59 to 6-75. Reserved.
"ARTICLE IV. ADMINISTRATIVE PROCEEDINGS.
"Sec. 6-2i 6-76. Registration and permit revocation--Administrative proceedings.
"(a) When held.
"(1) The oity health offioer Citv Health Officer or the City Health Officer's designee may
hold an administrative hearing to determine whether any lisense reaistration or
permit issued pursuant to sections 6 1 Q, 6 17, 6 1!l, 6 21, and 6 32 under Article II or
Article III of this chaDter should be revoked or to otherwise regulate the keeping of an
animal within the 6ity City. if if: the lioense.'per:mit r-oaistration or Der:mit holder or
owner of an unlisemled uRreaisterod animal refuses or fails to oomply with any
provisioR Gf this ehapter, the r-ogl,llations promulgated BY the oity health officer .Qi!y
""ealtl:! Officer, or any law gO'IerniRg tho preteetion aRd keopiRg of aRimals in this
State. [Note: Deleted language split into subsections below; new language
inserted.]
"ffil A registration or permit holder fails or refuses to comply with any provision of
this chapter, the regulations promulgated by the City Health Officer, or any law
governing the protection and keeping of animals in this State.
"(B) The owner of an unregistered animal, the owner of an unvaccinated animal. or
the owner of a commercial animal establishment not DroDerlv Dermitted under
this chaDter fails or refuses to comply with any provision of this chapter, the
regulations promulgated by the City Health Officer, or any law governing the
protection and keeping of animals in this State.
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"(2) The oity health offioor City Health Officer must hold an administrative hearing to
determine whether any Iioense reoistration or permit issued pursuant ts sections
6 10, 6 17, 6 18, 6 21, 3nd 6 32 under Article II or Article III of this chapter should be
revoked or to otherwise regulate the keeping of an animal within the sit}' Citv, if:
"a-(A) An animal has been impounded for an unprovoked biting offense and the
incident involved bodilv iniurv to a personi-Bf
".@l An animal has been determined bv an Animal Care Officer to be a public
nuisance.
"~.1.9 An animal has been the subject of two (2) criminal charges brouaht aoainst the
animal's owner under this chapter and resulting in conviction of the animal's
owner, ef-two (2) impoundments, or any oombination of t\\'o (2) suoh
oonviotions and/or a combination of one such conviction and impounding one
impoundment inoidents within the twenty-four (24) months month period
immediately preceding the date of the last suoh insi~ent conviction or
impoundment. Impoundments which occurred as a result of provoked biting,
attaoking or scratohing scratchina. bitina, or attackino incidents sAaII mav not be
considered for purposes of this subsection. i-Bf
"c. ,^.ny animal has boon kept in a stable in 'Jiolatisn of any section of the animal
oontrol oode; or [Note: Addressed in (a)(1)(A) and (B) above; permit can be
revoked and establishment can be closed.]
"d. Tho holder of a oommeroiall3ermit fails to oomply with the provisisns of sootion
6 18 or rogulations I3romulgated by tho oity healtt-J oniser ; or [Note:
Addressed in (a)(1)(A) and (B) above; permit can be revoked and
establishment can be closed.]
"c. Any dog has bosome the subjest or proeaele subject of a sause sf aotion filed
under Chapter 822, Health and Safety Code. [Note: Dangerous dog
provisions of State law require appeal of determination to be heard in a
court of proper jurisdiction.]
"(b) Written notice required.
"illl>lo suoh An administrative hearing sAaII mav not be held without giving the lioense
reoistration/permit hslder or permit holder or owner of an unlioensed unreaistered
animal, prior written notice of the date, time, and place of the hearing.
"ill Written notice shall be is deemed made when a certified letter, return receipt
requested, addressed to the address indicated ill on the holder's last reaistration or
permit or lioonse application or, if no such application is on file, to the owner's last
known address, is deposited in the U.S. mail. Written notice shall also tie is also
deemed made when the notice letter is delivered by an employee or representative
of the oity health snioer Citv Health Officer to &\l6A the address.
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"@ All persons on the register kept by a hon:;e stable for which an administrative hearing
will be held will be notified by certified mail deposited in the U.S. mail or by personal
delivery made bv an employee or representative of the City Health Officer that a
hearing is to take place.
"(c) Disposition. At the conclusion of the administrative hearing, the city health e#icer Citv
Health Officer or the Citv Health Officer's designee shall determine if the person holding
the license reqistration or permit, or the owner of an unlicencod unregistered animal, has
violated any provision of this chapter, the regulations promulgated by the city hoalth
o#icer Citv Health Officer, or any law governing the protection and keeping of the animal
in question that is the subiect of the administrative hearinq. If any suGfl violation has
been found to have occurred, the city health offiser City Health Officer or the City Health
Officer's designee, in hie/her their discretion, may order that any of the following actions
be taken within the time specified by the city health efficor City Health Officer or the City
Health Officer's designee~ ~
"ill That the owner divest himself/herself of the animal in question that is the subiect of
the administrative hearinQ by cither having it humanely cuthanized or by revocation
of the animal's reqistration and by remo'/ing it removal from the Gity 9!y;
"@ That the permit holder divest himself/herself of the animals that are the subject of the
administrative hearing by revocation of the commercial permit and cessation of
business operations related to animals;
"~@ That the holder/owner owner or permit holder comply with specified conditions"
deemed to be consistent with the protection of the public health. safety. and welfare.
so as to be permitted to continue to keep the animal within the Gity City: or
"(1) That a dangcrous dog, or (] dog having caused the death of a parson ami Grdered
destroyoa by a gO'/ernmental agency resl30nsible for animal sentrol, under authority
of Texas Ponal Code, Chapter 18, I\rticle 18.182, or under authority of Chal3ter 822,
Health and Safety Code, shall be humanely euthanized as providcd by regulation; or
[Note: Disposition of dangerous dogs addressed in State law; a dog causing
the death of a person or serious bodily injury will be ordered seized and
destroyed by a court; a dog causing or threatening bodily injury can be
declared a dangerous dog subject to stringent registration and keeping
requirements.]
"fat {1LAny other disposition deemed to be consistent with the protection of the public's
health, safety, and welfare.
"Sees. 6-77 to 6-100. Reserved.
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"ARTICl~ III ARTICLE V. ANIMAL AND RABIES CONTROL
"Sec. 6-20 6-101. Restraint.
Ult shClII be is unlawful for an owner to fail to keep S\ffiI:\ an owner's animals under restraint as
follows:
U(a) Except for cats, all animals sAaIl must be kept under restraint as defined in this chapter.
Cats may be free-roaminq if otherwise in compliance with the provisions of this chapter.
U(b) It is a violation of this chapter for any animal to be a public nuisance. An owner violates
this provision if !:lis the owner's animal is a public nuisance, regardless of any "fault" of
the owner.
"Sec. 6-102. SDavinQ/NeuterinQ Required of Cats. [Note: New!]
U(al After January 1, 2006, all free-roaminq cats are required to be spaved or neutered.
For the purposes of this section, "free-roaminq" means not securely caqed. not under
restraint bv a leash or lead attached to a collar or harness, or not within the confines of
the cat owner's residence or business structure.
U(bl Anv free-roaminq cat that is not spayed or neutered is subiect to impoundment under this
chapter. Nothinq contained in this chapter prevents the free-roaminq of cats that have
been spaved or neutered.
"(b) This section ic effective JamlClry 1. 2005.
"Sec. 641- 6-103. Impoundment.
U(a) Grounds for impoundment. Animals may be impounded by the Clnimal contrel section
Animal Care Services division in any of the following circumstances:
"(1) Any dog not kept under restraint as required by this chapter.
"(2) Any dog or cat not wearing a collar or harness affixed with a valid city licence Citv
reqistration tag.
"(3) Any dog or cat for which a valid city license City reqistration has not been issued.
"(4) Any animal wRiGR that constitutes a public nuisance.
"(5) Any animal that a person could reasonably suspect as having any infectious or
contagious disease other than rabies and being in the custody of a keeper who
fails or refuses to make arrangements satisfactory to the Clnimal contrel supervisor
100kiRg to Animal Care Services manaQer for the proper treatment of 6UCl:1 e09 or
GtMf the animal.
"(6) &iefy Anv animal that has rabies or exhibits symptoms theroof of rabies, or that a
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person could reasonably suspect as having rabies, or that bites, soratohes or
otherwise attaoks another animal or other person within the oity.
"(7) Any animal, when unprovoked, that bites, scratches, or otherwise attacks another
animal or person within the City.
"(+1 @ Any animal not kept by the owner or permit holder in conformity with this
chapter, reoulations promuloated bv the Citv Health Officer, disposition made in
accordance with Article IV of this chapter, or State law.
"~ill} Any animal upon the written request fffim of the animal's owner thereof and
to which the onimal oontrol supervisor, er his designee, Animal Care Services
manaoer or the Animal Care Service manaoer's desionee agrees that 5tI6R the
animal be humanely euthanized for the protection of the public's health. safetv. and
welfare of tho publio.
"fSt (1Ql Any dog that is the subject of a cause of action filed pursuant to Chapter 822,
Health and Safety Code, as it may be amended, sAaII must be impounded until
further order of tRe !! County Court at Law court of proper iurisdiction.
"(11) After Januarv 1, 2006, anv free-roamino cat that has not been spaved or neutered.
"(b) Length of impoundment. Except for dogs impounded as subjects or probable subjects of
a proceeding pursuant to Chapter 822, Health and Safety Code, for observation of rabies
under Section 6-127, or other administrative procedures, impounded animals not claimed
sAaII must be kept for not less than three (3) working days from date of impoundment. In
calculating the length of this time period, the first working day after impoundment shall be
is considered Day 1 .
"(c) Notification of owner. If, by a lioeAse reoistration tag or other means, the owner of an
impounded animal can be identified, the aAiR'lal oontrol offioer Animal Care Service
division sAaII shall. as soon as practicable after impoundment impoundment. notify the
owner in peFSon, person or by telephone, if reasonably possible, and, if not, then by mail,
advising tAat that. if the impounded animal in'iolved is not redeemed within five (5)
working days, disposition will be made in accordance with this chapter.
"(d) Redemption. Impounded animals, other than excludino those impounded as dangerous
animals, vicious Ele€ls, and a public nuisance, a prohibited animal. or an animal held for
observation of rabies, rabies under Section 6-127 or other administrative procedures,
shall be are subject to immediate redemption. ~ Impounded animals may be
redeemed by anyone entitled to possession thereof of the animals while the same
animals are in the Gity City animal shelter after paying the appropriate fees as follows:
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[Note: Impoundmentfee, section (1) below, is reformatted only.]
"(1) Impoundment fee:
"&.-{6} First impoundment:
"Animals, excluding livestock:
"Unregistered, not sterilized ........................................... $ 75.00
"Unregistered, sterilized ................................................... 50.00
"Registered, not sterilized ................................................ 50.00
"Registered and sterilized ................................................ 25.00
"Livestock, weighing less than 100 pounds ........................... 25.00
"Livestock, weighing 100 pounds or more ............................. 50.00
"b-{ID Second and subsequent impoundment within 12 months:
"Animals, excluding livestock:
"Not sterilized ................................................................ $ 75.00
"Sterilized .. ....... ........ ......... .... .................... .... ...... .... ........ 50.00
"Livestock, weighing less than 100 pounds .......................... 50.00
"Livestock weighing 100 pounds or more ............................ 100.00
"s,{Q If an animal is sterilized within JG thirty (30) days of release fram impo"lAdmont
followinQ the animal's first impoundment, the veterinarian performinQ the
sterilization will be reimbursed $25.00 of the impoundment fee upon submission
of a copv of the sterilization invoice.
"4-@ A waiver or partial waiver of an impoundment fee may be granted by the
dir-ector of public health Citv Health Officer in cases involving exigent
circumstances as determined and published determined and published annuallv
by said director the City Health Officer. A copv of the waiver schedule will be
kept on file in the City Secretary's Office.
"(2) Boarding charge. A boarding charge determined, published published, and set
annually by the Elireetor of !l\,l13lio health, City Health Officer, 9l:It not to exceed the
reasonable cost of boarding, foedinlil feedinQ, and caring for &YeR the animal for the
period of impoundment. A copv of the boardinQ charae schedule, settina out the
annual rates, will be placed on file with the City Secretary's Office.
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"(3) Rabies vaccination charge. All charges for rabies vaccination if required.
"(4) City ,lioonso reqistration charge. City license reQistration charge, if applicable.
[Note: Paragraph below moved to new subsection (e), which follows previous
subsection (e) further below; language revised.]
"In cLlse any animal impoundod sought to be redeemed is sl,lffering from any disease or
ailment, it shall not be reloasoa until the animal control super:viser shall be satis~iea that
arran€lements looking to its proper treatmont are assl,lred. Animals l311t I,lnder observation as
describeQ in section €I 23 shall become subject to redem",tisn 'NAeFl found to bo free from
rabies.
[Note: Previous subsection (e) below moved to new subsection (g).]
"(0) Disposition of animals. Excopt as provided in sl,lbsestisFl (c), (h), and cortain livestock
as hereinafter provided, impounded animals not rcdeemea by their ownor within three (3)
working days following impoundment shall become the property of the city and shall bo
placed for adoption in a suitable home or any nonprsfit association or-gaFlizea for the
protoction and '....elfare of animals, sold pursuant to section 17 4 of the Code of Ordinances of
the City of Corpus Christi, or humanely euth::mizea, provided hO'....ever, I3rior to the disposition
of any livestock, except f-or goats and sheep, notico shall be posted fer a ten day period at
the county courthouse, city hall, and the city animal centrol facility upon the expiration of
three (3) working days from the impoundment of said li'/estock. Upon tAe expiration of a ton
day '....aiting period the city may dispose of saia livestook in the same manner aEl other
unclaimed animals.
"The expiration of the three (3) working days period upon impoundment ana the notice of and
expiration of tho ten day period with respect to liveEltock Elhall not al3ply to the dispositioFl of
any animal placed in impoundment by the written consent sf tAe owner and the asseptance of
such animal by the aFlimal control supervisor. /\ny aFlimal resei'/ed by the COFlEleFlt of its
owner may be disposed of immediately upon its impoundment in the samo manner as
uRclaimea animals.
"In the case of a asg impounded under authority of CAal3ter 822, Health and Safety Code,
and other state law, such dog may be redeomed I,lpon the oourt's finding aFla r-endering a
judgment that the dog did not engage in dangerous conduct, and upon the sonclusion of any
proceeding pro'/ided for in this chapter; or upon the SOlJrt's finaing that the dog aia eFlgage in
dangerol,ls conduct, that the due claimant of said dog shows proof of havin!il fully complied
with all insurance and restraint requirements of Chapter 822, HealtA and Safety Code and
this article, Elee section 6 10(k).
"(e) Redemotion--soecial circumstances. In case any animal that is impounded is sought to
be redeemed and is suffering from any disease or ailment, it &J:laIj mav not be released
until the animal seFltrel Elupervisor Animal Care Services manaQer Elhall be is satisfied
that arrangements looking to its proper treatment are assured. Animals put under
observation as described in GeotioFl Section 6-23 GAall sesome are subject to redemption
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no less than ten (10) davs from impoundment if whon found the animal is determined to
be free from rabies by the Animal Care Services manager.
"If) Mandatory spay/neuter of dOGS followinG impoundment. [Note: NEW!]
"( 1) Mandatory spay/neuter followino first impoundment. The owner of a doo which
has not been reoistered and vaccinated in accordance with this chapter, whose doo
is not spaved or neutered. and whose doo has been impounded for beino at larqe
shall have the doq spaved or neutered within 30 days followino the doq's release
from impoundment.
"(2) Mandatorv spav/neuter followinq second impoundment. The owner of a dog
which has been impounded for beino at larqe at least two (2) times in a twelve-month
period. whose doo was reqistered and vaccinated in accordance with this chapter at
the time of the doq's first impoundment. and whose doq has not been spaved or
neutered, shall have the doo spaved or neutered within thirtv (30) davs followinq the
doq's second release from impoundment.
"(3) Exemption made by Animal Care Seryices manaGer. The Animal Care
Services manaqer is authorized to exempt a doq owner from the requirements of
paraqraph (1) of this subsection if the owner proves to the satisfaction of the Animal
Care Services manaoer that the animal met one (1) of the conditions specified in
paraoraph (6) of this subsection.
"(4) Certification of spay/neuter procedure. The owner of a doq required by
paraqraphs (1) or (2) of this subsection to be spaved or neutered shall submit to the
Animal Care Services manaqer certification that the spav or neuter procedure was
performed.
"{6l
The certification must be made on a form provided by the Animal Care
Services division and must contain the siQnature of the veterinarian who
performed the procedure.
"(B)
The certification must be delivered by the owner to the Animal Care Services
division no later than the 40th day followino the animal's release from
impoundment.
"(5) Offenses.
"(A) A person commits an offense if the person is the owner of a doo required by
paraqraphs (1) or (2) of this subsection to be spayed or neutered and the
person fails to have the animal spaved or neutered.
"(B) A person commits an offense if the person is the owner of a doq required by
paraoraphs (1) or (2) of this subsection to be spaved or neutered and the
person fails to provide certification of the spay or neuter procedure as required
by paraqraph (4) of this subsection.
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"(6) Affirmative defense. In a prosecution for a violation of paraoraph (5) of this
subsection, it is an affirmative defense that:
"(A) At the time of the doo's second impoundment:
"(i) The doo was reoistered with a national reoistrv: and
"(ii) The owner of the doo was a member of a national breed club, local breed
club. local all-breed club, sportino or huntino club, or was reoularlv shown
durino the six-month period immediately precedino the second
impoundment.
"(B) At the time of the doo's second impoundment, the doo was at laroe due to a vis
maior.
"(C) The doo was at laroe at the time of its second impoundment due to a fire or
due to the criminal or neolioent acts of a third partv who was not residino at the
doo
owner's residence. At trial. evidence of a fire or the criminal or neolioent acts
of a third party mav be presented in one or more of the followino manners:
"(i) A certified COpy of a police or fire report verifyino the incident:
"(ii) The affidavit of police or fire personnel with direct knowledoe of the
incident or
"(iii) The testimonv of police or fire personnel with direct knowledoe of the
incident.
"(7) Nothino in this subsection mav be construed so as to permit a spayed or neutered
doo to run at laroe.
"(at f9.l Disposition of animals.
"DLExcept as provided in subseetion (0), (h) subsections (c) and (i) of this section,
and certain livestock as hereinafter proviEled provided for in this paraoraph,
impounded animals not redeemed by their owner within three (3) working days
following impoundment sI=IalI become the property of the Gity Citv and sI=IalI may
be placed for adoption in a suitable home, or with any nonprofit association
organized for the protection and welfare of animals, sold pLJrmJant to under
seotion Section 17-4 of the Code of Ordinances of tho City of Corpus Christi, or
humanelyeuthanized. ,pro'/ided he'Never, I3rior Prior to the disposition of any
livestock, exoept fur excludino goats and sheep, notice sI=IalI must be posted for
a ten-day period at the county courthouse, Gity .Qj!y hall, and the Gity Citv animal
oontrol faeility shelter upon the expiration of three (3) working days from the
date of impoundment of saiG the livestock. Upon the expiration of the ten-day
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waiting poriod notice period, the Gity Citv may dispose of saiG the livestock in
the same manner as other unclaimed animals.
"~The expiration of the three (3) working days period upon impoundment and the
notice of and expiration of the ten-day period with respect to livestock sRalI
does not apply to the disposition of any animal placed in impoundment by the
written consent of the animal's owner and the acceptance of ~ the animal by
the Animal Care Lilla Elontrol slll'lervisor Services manaoer. Any animal
received by the consent of its owner may be disposed of immediately upon its
impoundment in the same manner as unclaimed animals.
"QLln the case of a dog impounded under authority of Chapter 822, Health and
Safety Code, as it mav be amended. aAEI or other State law, ~ the dog may
be redeemed upon the court's finding and rendering a judgment that the dog did
not engage in dangerous conduct and upon the conclusion of any proceeding
provided for in this chapter; or upon the court's finding that the dog did engage
in dangerous conduct, that the €We claimant of &aiG the dog shows proof of
having fully complied with all insurance and restraint requirements of Cl1aptor
822, Health and Safoty Code provided bv State law, ans this artiole, soe sostion
6 1 Q(k) and meets all requirements of this chapter that pertain to the keepinQ of
a danQerous dOQ.
"fft ill Adoption of unclaimed animal. A person other than the previous owner may
adopt an unclaimed animal after the expiration of the redemption period and after paying
any applicable boarding charQes and rabies vaccination, and lioense reQistration, and
adoption oharileE: fees, and sions an aQreement to have the animal sterilized within thirty
(30) davs of adoption, in compliance with Chapter 828, Health and Safetv Code. if the
animal is unsterilized at the time of adoption. ; and, if tl1e animal is not e:terilizes, a
t>.vonty five sollar ($25.00) adoption fee. If an unsterilized animal is sterilized '.vithin thirty
(aO) days of adoption, tl1en a twenty five sellar ($25.00) r-ofllnd '....ill be pais to tho
veterinarian performinfl the sterilization, llpon al'll'llioation by the veterinarian within thirty
(aD) days after the sorvioe iSl'lerfermed. This sestion '....i11 not preempt Chal'lter 828,
Health and Safoty Code, which may requir-e sterilization of an adol'lIDs animal. If an
animal is sterilized within thirtv (30) davs of adoption, then a twenty-five dollar ($25.00)
refund will be paid to the veterinarian performinQ the sterilization, upon application by the
veterinarian within thirtv (30) davs after the service is performed.
"ffit ill Uconso Comoliance required for release. No impounded dog or cat sRalI mav
be released until the person to whom the dog or cat is to be released agrees and meets
witIl all regulations promulgated by the city l1ealth offioor City Health Officer.
"W ill. Euthanasia. The animal oontrol supervisor, or his/her sesigneo, Animal Care
Services manaQer or the Animal Care Services manaQer's desionee may direct the
immediate euthanization of any animal determined to be seriously injured or diseased
pUFSlJant to under the rules, guidelines, or procedures established by the direotor of
publis l1ealth City Health Officer. Impounded animals not redeemed or adopted as
provided for in this section sRalI must be humanely euthanized at the Gity City animal
shelter under the direction of an animal oontrel offioer Animal Care Services Officer. The
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carcasses si=IaII must be disposed of as directed by the director of !'lublic hoalth City
Health Officer.
"(it ill Records. The animal control supervisor Animal Care Services manaqer shall cause to
be maintained a record describing each identifiable animal impounded within the
preceding two (2) years. In the case of reqistered dogs and cats, the license reqistration
tag number shall be noted and the name of the person to whom it was issued must be
noted. In the case of each identifiable animal, it si=IaII must be noted how the impounded
animal was disposed of, giving the names and addresses of persons to whom SHsI=I the
animal was delivered, and the deposits or fees and charges received from SHsI=I the
persons.
"ffi ill Notice of violation. In addition to, or in lieu of, impounding an animal under this
section, an animal control officer Animal Care Services Officer or any police officer may
issue to the owner of SHsI=I the animal a notice of violation citation for a violation of this
chapter. This notice shall provide a space thereon for the par-t'j shar-ged to 'Naive trial on
the R'lerits and enter a plea of guilty or nolo contonder-e. In the e'.'ent the !'larty char-ged
desir-es to enter a plea of not guilty, such !'larson may obtain a trial setting from the clerk
of the munisi!'lal court. ~Jot,....ithstanding any other pro'.'ision ef this subsestion, per-sons
charged with a violation may, after entering a plea of guilty or nolo sentender-e in the
space pro'.'ided, pay a fine in the amount of forty dollars ($10.0Q) !'llus court oosts for
suoh violation, to tho clerk of the municipal court within ten (10) aays of receipt of the
violation. [Note: Penalty provisions stated in penalty section.]
"Sees. 6-104 to 6-125. Reserved.
"Sec. i-22 6-126. Rabies vaccination.
"(a) It chall be ill unlawful for any percon to No person mav own, keep, harbor or have
custody or control of a dog or cat over three (3) four (4) months of age within the Gity
.Qj!y, unless SHsI=I the dog or cat has been immunized against rabies by the injection of
anti-rabies vaccine by a licensed veterinarian on an annual basis.
"(b) Every owner of a dog or cat immunized against rabies as required herein in this
chapter si=IaII must procure a rabies vaccination certificate from the veterinarian
administering the vaccine.
"(c) A veterinarian who vaccinates a dog or cat as required herein bv this chapter si=IaII
must furnish the owner thereof of the doq or cat with a metal tag bearing a number
corresponding to the number placed on the vaccination certificate, and with lettering
showing immunization and the year thereof. This tag si=IaII must be attached to the collar
or harness of the dog or cat for which it is was issued, ana shall and must be worn at all
times in a conspicuous place on the collar or harness.
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"Sec. 6..23 6-127. ARimals bitiRg aRd!or exhibitiRg symptoms of rabies. Rabies
impoundment and Quarantine.
"(a) Impoundment. Every animal that has rabies or symptoms thereof of rabies, or every
animal or that a person could reasonably suspect as having rabies,-Bf and that bites,
scratches, or otherwise attacks any person or animal within the city shall City must be
impounded at once and held for observation and quarantine at the sity Citv animal shelter
or other place designated by the city health officor Citv Health Officer for SHGA the period
of time as the sity Citv Health Officer may deem necessary; provided, however, SHGA the
period oftime shall mav not be fewer than ten (10) days nor more than fourteen (14)
days.
"(b) Prohibited from being on public ways, places. No animal that has rabies shall may be
allowed at any time on the streets or public ways of the sity.Ql!y. No animal that has
been suspected of having rabies shall mav be allowed at any time in public places,
except as expressly provided heroin in this chapter until &aiG the animal has been
released from observation by the city health officer Citv Health Officer.
"(c) Owner's responsibility. The owner of any animal that is reported to have rabies, or
symptoms thereof of rabies, or to have been exposed to rabies, or to have bitten,
scratched, scratched, bitten, or otherwise attacked any person or animal within the sity
City, or that the owner knows or suspects to be rabid Gf and to have attacked, bitten or
scratched scratched, bitten, or attacked any person or animal shall submit SHGA the
animal for quarantine to the animal control supervisor Animal Care Services manaaer, an
Animal Care Officer, or any police officer. In tho O'Jont tho owner of such animal r-efuses
to surremler such animal on demand, such action shall constitute a misdemeanor and
upon conviction be punishable by a fine of not less than one hundred fifty dollars
($HiO.OO) plus court costs nor more than five I'lI,lAdrea dollars ($500.00) plus seurt coste.
Failure of an owner to submit the animal. as required bv this subsection, is a violation of
this chapter.
"(d) Reporting of incidents. Any persons having knowledge of any animal exhibiting
symptoms of or exposed to rabies, or that has bitten, scratched scratched. bitten, or
otherwise attacked any person or animal, shall report the incident to the animal control
sestien Animal Care Services division no later than ten (10) days from the date of the
incident. The report shall must include the name and address of any victim and of the
owner of the animal, if known, and any other information relating to the incident or
animal. The animal control supervisor Animal Care Services manaqer shall inform the
city health officer Citv Health Officer at once, in person or by phone, and follow up with a
written report.
"(e) Veterinarians'reports. Every veterinarian or other person who is called to examine or
professionally attend any dog or other animal within the sity 9!Y having glanders or farcy,
rabies, tuberculosis, or any other communicable disease shall, within twenty-four (24)
hours thereafter, report in writing to the city health officer City Health Officer and the
animal SElAtrol supervisor Animal Care Services manaaer the following:
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"(1) The location of sooR the animal.
"(2) The name and address of the owner thereof. of the animal.
"(3) The type and character of the disease.
U(f) Veterinarians' records. Every veterinarian practicing within the city limits Citv shall keep
detailed records of animal rabies vaccination vaccinations and, upon request of the
animal oontrol supervisor City Health Officer or Animal Care Services manaqer, must
acknowledge to suoh offioor the City Health Officer or Animal Care Services manaqer
whether an animal of a particular location, or owned by a named person, has been
vaccinated within the last twelve (12) months.
"(g) Investigation of cases. The oity health o#ioer City Health Officer shall investigate and
record all cases of rabies and suspected rabies.
U(h) Disposition of bodies of quarantined animals. The body of any animal that has died of
rabies or that dies or is destroyed while in quarantine sIlall mav not be disposed of
except as directed by the oity health o#ioer City Health Officer.
[Note: Subsection (i) below was revised prior to the beginning of the 2004--2005 fiscal
year.]
U(i) Owner to pay Goats. The owner of an animal quarantined under this sootion shnll pny to
the animal oontrol supervisor the roasonal3le oosts of the quarantine and disposition of
the animal, inoluding oharges for shipment of the animal's head or brain, if reElI,Jirod, to
the near-ost Texas Department of Health lal3eratery for testing. The owner sholl pay to
the animal oontrol supervisor a foe of eight 801lar=s ($8.99) for preparation of eash animnl
head for sl:1il3ping to the state department laboratory for rabie!:) testing. INhore tho ewner
of a RenqI,Jarantined animal is required to or requests that tho hoad or brain of the animal
be shipped to an appropriate lab, then the owner sholl be rocponsible for paying the
om:ts of preparation and shipping.
U(i) Payment of costs. [Note: Formatting and language revisions only.]
U(1) The owner of an animal quarantined under this section shall pay to the animal
oontrol supervisor Animal Care Services division the reasonable costs of the
quarantine and disposition of the animal, including charges for preparation,
processing, and shipment of the animal's head or brain, if required, to the nearest
Texas Department of State Health Services laboratory for testing. The fee for
preparation, processing, and shipment, by the animal control supervisor Animal
Care Services division, of the animal's head or brain is seventy-five dollars ($75.00).
U(2) The owner of a non-quarantined animal or a veterinarian, if required by law or upon
the owner's or a veterinarian's request, may seek the services of the animal oontrol
supervisor Animal Care Services division to prepare, process, and ship the head or
brain of an animal to the nearest Texas Department of State Health Services
laboratory for testing.
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"@llfthe head or brain is prepared by a veterinarian for processing and shipment
by the animal oontrol supervisor Animal Care Services division, the person
requesting the service shall pay a fee to the animal oontrol supervisor Animal
Care Services division offifty dollars ($50.00).
"fllllf the head or brain is prepared by the animal eORtrol supervisor Animal Care
Services division for processing and shipment, the person requesting the
service shall pay a fee to the animal oontrol sll~ervisor Animal Care Services
division of seventy-five dollars ($75.00).
"SeG. 6 21. Reserved.
"SeG. 6 25. lean ef small animal traps.
"Small animal tFapS will be loaned by the animal eontrol division for a oharge of one dollar
($1.00) ~er day. There will be a requires deposit of ten dollars ($19.90) prior to the loan of
these tr-aps. The following shall Be exempt from said ohar-ges and deposit: low inoome
oitizens, belo"'l the pO'/erty level as ostaBlished by the U.S. Department of Health and Human
Servioes. Provided, however, that to obtain suoh an exemption on a deposit, the exempted
oitizen shall De requires to state in a written agreement that t:!e or she is entitled to the
exeFFl~tieR. There will be a forty five dellar ($15.00) replaoement oharge for all small animal
traps lest, stolen, or othel'\vise damages rendering them unusable by the animal oontrol
division regardless of exem~tien status f-or rental fees or deposit.
"SeGs. 6 26 6 29. Reserved.
"Sees. 6-128 to 6-150. Reserved.
"'/\RTIClE IV. ARTICLE VI. CARE AND KEEPING OF ANIMALS
"SeG.630. Animal Gare. Sec. 6-151. Humane animal care and keeping.
"It shall Be ~ llRlawful to No person may violate the following provisions for humane animal
care and keepinq:
"(a) No owner ffiaIj mav fail to provide &IffiI:I the owner's animals, suffioient gees with
sufficient and wholesome food aRs food, water, and necessary shelter and protection
from the weather, all within reach of suoh owner's animals the animal. No owner shall klil
to ~ro'/ise suet:! owner's animal with veterinary oare when Reesed to prevent suffering,
and '",ith humane oare and treatment. [Note: Deleted language moved to new
subsection (b) below.]
"flll No owner ffiaIj may fail to provide &IffiI:I the owner's animal with humane care and
treatment and with veterinary care when needed to prevent or alleviate suffering,-aflG
with hllmaRe ear-e and tr-eatment.
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"~1.9 No person sJ:\aII may beat, cruelly treat, torment, overload, seriously overwork, or
otherwise abuse an animal, or cause, instigate, or permit one animal to fight with another
animal or human being person.
"(Gt @ No owner of an animal shall person mav abandon or neglect 5\ffiR an animal.
"W @l No person, other than a licensed veterinarian, sJ:\aII may crop a dog's ears, ef-dock a
doa's tail, or remove a doo's dew claws excel'lt a HeeRses veteFiRarian
"ill No person may sell an animal to. buv an animal from. or barter or exchanae for an
animal with, anv commercial animal establishment that does not have a valid commercial
permit nor mav a person sell. buy. donate, or barter or exchanae for, an animal upon
commercial property without possessina a valid commercial permit.
"(a) No person mav sell, offer for sale. or donate anv animal to another person, or barter or
exchanae with anv other person for an animal. upon anv public property within the City.
Public property includes. but is not limited to. streets. allevs, sidewalks. parkinq lots, and
riahts-of-wavs and easements.
"tel (h) No person may sell or deliver hive live chickens, ducklings, goslings, or rabbits Ie56
than eight (8) ..",eeks of a€le FRay Rat be sols or delivered in quantities of less than five (5)
to any other person within the period of ten (10) thirty (30) days prior to Easter Sunday
and on Easter Sundav. Hatcheries and commerical animal establishments that buv and
sell animals intended for aqricultural use or to be raised for commercial purposes are
excluded from the prohibitions contained in this subsection.
"~ill No person sJ:\aII may give away or offer to give away any live animal. except for
aoldfish, as a prize for or as an inducement to enter any contest, game, or other
competition, or as an inducement to enter a place of amusement, or offer 5\ffiR anv
animal as an incentive to enter into any business agreement whereby the offer was for
the purpose of attracting trade.
"~ ill No person sJ:\aII mav sell, offer for sale, barter, or display any living chickens,
rabbits, ducks, or any other fowl or animal which has been dyed, colored, or otherwise
treated so as to impart to it an artificial color.
"W 00 No person sJ:\aII mav expose any poisonous substance, whether mixed with food or
not, so that the same shall be is likely to be eaten by any animal, provided that it
shall Rot be is not a violation of this chapter for a person to expose on Ri& a person's own
property common rat poison having a blood-thinning agent or other agent approved by
the he31th dep3rtment Department of Public Health, mixed only with vegetable
substances and intended for consumption by rats or mice only.
"fij ill No person may allow an enclosure EAsleslIres used to confine animals sRaU to be
maintained in a clean and sanitary an unsanitary condition at a#-times anv time.
"ij) lml No person sRaU mav tether, hitch, or stake out any animal, or permit 5\ffiR an animal
to be tethered. hitched, or staked out so that it the animal can go upon or stretch any
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rope, chain, ef-strap, or other thing to whioh it is restraint device bv which the animal is
tethered, hitched, or staked ffiIt; out into any sidewalk or stroot. allev. or street.
"W illlNo person shall tie may tether. tie, or fasten any animal to any lamppost, lightpole,
utility pole, awning post, tree, fence, hydrant, or shrubbery belonging to another person
without the consent of the owner of the obiect to which the animal is tethered. tied. or
fastened.
"flf {Ql No person sflaIl mav sell, offer for sale, D(lr1er barter, donate, or display turtles with a
carapace length of less than four (4) inohes in length or viable turtle eggs. An
educational or research institution is exempt from the display prohibition contained in this
subsection if the turtles or turtle eqqs are displayed for educational or research purposes.
"fmt illl No person sflaIl mav tether an animal in such a manner that allows the animal to
become entangled.
"Sec. ~ 6-152. Performing animal exhibitioR animals.
"(a) No performinq animal exhibit. performing animal exhibition, rodeo, or circus shall be is
permitted in which animals are induced or encouraged to perform through the use of
chemical, mechanical, electrical, or manual devices in a manner which will cause, or is
likely to cause, physical injury or suffering.
"(b) All equipment used on a perforrning animal sflaIl must fit properly and be in good working
condition.
"Sec. 6-32 6-153. Keeping of certain animals prohibited.
"No person sflaIl mav keep, own, maintain, use, or have in &\ffiI:1 the person's possession or
on premises under &\ffiI:1 the person's control, within the Gity Citv, any of the following:
"(a) Any dangerous animal, except in accordance with this chapter and the regulations
promulgated by the oity health authority or his designee; City Health Officer:
"(b) Any guard dog, except in accordance with section 6 12 hereof; the provisions of this
chapter:
"(c) Any livestock or fowl, other than banded hominQ piqeons as stated in subsection Ie) of
this section, except when raised as part of an animal husbandry program for youths or
kept in accordance with section 6 dd hereof; Section 6-154 of this chapter:
"(d) Any prohibited animal, OlH,ept those which, on the date of l311blication follewiR!j the third
and final reading of Ordinance No. 161 d5 from whioh this chal3ter derives, are present
within the oity and are oymed by a person who makes al3l3lication to the oity Aealth offioer
for a prohibited animal permit on or before April dO, 1 QB1, and WAS has been grantod a
prohibiteel animal permit pursllaRt ts r-e!jlllations promI:J19ated by the sity health offioer
and on file with the oity secrotar)'; I3rovided, however, that sush l3ermit shall not be
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reqlJirod for a 130na fide zoolegioal park; except when possessed under the provisions of
Section 6-57 of this chapter.
"fB /\ny apl3lioant for a permit or renewal of permit whose animal is subjeot of
hearing, ..viII be requires to notify by €lertifies mail, alll3roperty O'Nners within five
hlJndres (509) feet sf the al3plioant's property lines; of the intent to keep, or
continlJe to keep the animal on hie; property to ensure that there is an spportunity
to objo€lt to isslJanoe of a permit. If more than fifty (50) l30r €lent sf tho neighl30rs
file individual obje€ltions to the keeping of this animal with the direotor of health,
the sireotor shall deny the permit. SlJoh seniall3y the
direotor may l3e appealed by the applioant to tRe oity €loun€lil as I3rovised in the
r-eglJlations.
"~ Any applioant for slJch permit or renewal must also provide public lial3i1ily
insuranoe naming the city as additional insures in the amOlJnt of at least t\vo
hlJndred fifty thousand dollars ($250,990.00) fsr pOF6onal injurf, ans fifty tAousand
dollars ($50,000.00) for property damage. SlJoh polioy mlJst €lontain tho statement
that the insuranoe oompany shall give tAe oity at least ten (10) days' asvanoe
written notise prior to oansellation of sush inslJranoe soverage. FlJrther, ea€lA suoh
appli€lant shall agroo to indomnify tRe oily, its offisials and employees, against any
damage or injury oaused by the applioant's prohibited animal or any liability
whatsoe'Jer inourred in relation to tho granting or renowal of any pr-ohibiled animal
pormit by the oily.
[Note: Language in subsection (d), (d)(1), and (d)(2) above deleted as there do not
exist any prohibited animal permits under this subsection.]
"(e) Pigeons, other than banded homing pigeons, and homing pigosns exoopt when bandod,
aM when raised for other than commercial purposes, ans whon confined to closed lofts,
except for owner-supervised training or exercise flights, and kept in compliance with
Section 6-154 and all other provisions of this chapter.
"Sec. 6-33 6-154. Keeping of any livestock or fowl.
"(a) The keeping on any premises in the Gity City, within any zoning district other than an 1-2
Light Industrial or 1-3 Heavy Industrial District, of any fowl or livestock not prohibited by
se€ltion 6 32 Section 6-153, is prohibited unless:
"(1) The pens, stalls, or other facilities for keepinq the livestock or fowl, other than fenced
open pastures that are greater than one (1) acre, for keeping the same sRall be so
are located so that the livestock or fowl cannot come within one hundred (100) feet of
any existing dwelling or business building owned, used, or maintained by any person
other than the keeper.
"(2) The pens, stalls, or other facilities for keepinq the livestock or fowl, other than fenced
open pastures that are greater than one (1) acre, for keeping tRe Iivestook or fowl
shall be are located so that the livestock or fowl cannot come within five hundred
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(500) feet of any existing food service establishment or food processing
establishment, regardless of ownership or occupancy of ~ the establishment.
"(3) The fenced open pasture, which is greater than one (1) acre, has a means of
preventing the livestock or fowl from coming within twenty-five (25) feet of any
property line that abuts an existing residence.
"(b) This Jilrovision st-lall The provisions contained in subsection (a) do not apply to fowl which
are kept in completely enclosed and solidly walled facilities, or to species of birds other
than poultry.
"(c) Buildings and structures used to keep animals within an 1-2 Light Industrial or 1-3 Heavy
Industrial District must meet the set back requirements in section Section 20-5.04 or 21-
6.04 of the ZaRing On:jinanoe zoninQ ordinances, as applicable in the appropriate district
and as each section mav be amended.
"Sec. i-34 6-155. Keeping of more than six pets.
"(a) The keeping on any premises in the Gity City, in any zoning district other than 1-2 Light
Industrial or 1-3 Heavy Industrial District, of any pets in any number exceeding six (6) in
aggregate, other than rodents and fish, is prohibited unless: tho !'lens, stalls or ott-ler
eRslosur-e fasilities, othor than feRGed open !'lasturos that ar-o gr-eater tt-l3n ono (1) aore,
for keeping the samo shall bo so looated tt-lat pets Gannot oome within ono hundred (100)
feet of aRY d.....eIliR~ or busiRess I:luildin~, O'....ned, l,lsea or maintained by any !'lerson other
than tt-le keeper or fj'lO hl,lRdred (509) feet of any food servioe oEltablishrnent or food
prosessin9 eEltablishrneRt, r-egaFElless of ownership or oooupanoy of Eluch ostablishments.
[Note: Deleted language is repetitious; see below.]
"(1) The pens, stalls or other enclosure facilities for keepino the pets, other than fenced
open pastures that are greater than one (1) acre, fer keepin~ the same shall be so
are located so that the pets cannot come within one hundred (100) feet of any
existing dwelling or business building owned, used, or maintained by any person
other than the keeper.
"(2) The pens, stalls or other facilities for keepino the pets, other than fenced open
pastures that are greater than one (1) acre, fur keeping tt-le pots shall be are located
so that the pets cannot come within five hundred (500) feet of any existing food
service establishment or food processing establishment, regardless of ownership or
occupancy of ~ the establishment.
"(3) The fenced open pasture, which is greater than one (1) acre, has a means of
preventing the pets from coming within twenty-five (25) feet of any property line that
abuts an existing residence.
"(b) Buildings and structures used to keep animals within an 1-2 Light Industrial or 1-3 Heavy
Industrial District must meet the set back requirements in section 20-5.04 or 21-6.04 of
the ZaRing OFElinanse. zonino ordinances, as applicable in the appropriate district and as
each section mav be amended.
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"Sec. 6-35 6-156. Maximum combined number of animals permitted.
"(a) The keeping upon any premises in the eity City, in any zoning district other than 1-2 Light
Industrial or 1-3 Heavy Industrial District, of a combined total of more than fourteen (14)
animals is hereby forbiaaen prohibited unless: the pen, stall or other enclosl,Ire facility
usoa for the keel3irlg of the same shall confine tl=le same as net to permit tho same to
come within or fivo hundred (500) foet of any food sorviee ostalalishmont or food
processing establishment, regaraless of owneFGl=lip or eeel,ll3clncy of such eGtalalishmontG.
[Note: Deleted language is repetitious; see below.]
"(1) The pens, stalls, or other enclosure facilities for keepinq the animals, other than
fenced open pastures that are greater than one (1) acre, for keeping tl=le same Gl=lall
be-sG are located so that the same shall pens. stalls. or other enclosure facilities
confine the same animals so as not to permit the same animals to come within five
hundred (500) feet of the exterior limits of any existing building used for human
habitation or used for the business of any person other than the keeper (unless the
keeper is within one (1) or more of the exceptions setforth in Gection Section 6-36).
"(2) The pens, stalls, or other enclosure facilities for keepino the animals, other than
fenced open pastures that are greater than one (1) acre, for koel3ing the animals
shall be GO are located so that the pens, stalls, or other enclosure facilities 5llaII
confine the animals so as not to permit the animals to come within five hundred (500)
feet of any existing food service establishment or food processing establishment,
regardless of ownership or occupancy of 6lJGA the establishment.
"(3) The fenced open pasture, which is greater than one (1) acre, has a means of
preventing the pets animals from coming within twenty-five (25) feet of any property
line that abuts an existing residence.
"(b) Buildings and structures used to keep animals within an 1-2 Light Industrial or 1-3 Heavy
Industrial District must meet the set back requirements in GeGtion Section 20-5.04 or 21-
6.04 of the Zoning Ordinance zonino ordinances, as applicable in the appropriate district
and as each section mav be amended.
"Sec. i-3i 6-157. Exceptions to distance and number requirement regulations.
"(a) Laboratories-aR€( veterinarians, and others listed. Where livestock or fowl are kept in
medical laboratories or educational institutions for medical research~. in veterinarian
veterinary hospitals for treatment, or on the premises of any recognized humane society
for humane care, 6lJGA the livestock or fowl5llall must be kept under conditions
prescribed by the city health officer City Health Officer for 6Y6R the limited purposes
stated in this subsection without the necessity of compliance with the distance and
number requirements prescribed in this chapter.
"(b) Pet shops. Pet shops keeping all animals in completely enclosed and solidly walled
facilities need not comply with the distance and number requirements prescribed in this
chapter.
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"(c) L::l'.vflJlly existing promises and promises in nowly annexed ar-oa. Exempted premises in
newly annexed area. Where any animal is being kept at lawflJlly existing premises within
tho city or at a location outside the Gity Citv limits 8RG and, by annexation, the area
becomes a part of and within the boundaries of the incorporated area of the Gity Q!y, the
distance and number requirements !ffiaII do not apply for a period of five (5) years from
and after the l3ase:ago of this amended se€ltion or the date of annexation~, reElllecti'loly.
Extensions of this exemption may be obtained for successive five-year periods by
applying for and obtaining a certificate from the oity health offi€ler City Health Officer
certifying to the existence of sanitary conditions of the premises and neighboring
premises.
"(d) Homina piaeons. Homing pigeons may be kept in a number not exceeding sixty (60) it so
lono as there is no opposition from contiguous neighbors, pnnided they are kept in
accordance with the rules and regulations promulgated by the dir-octor of Pl,ll3lic healtf:l
Citv Health Officer, and thev are kept in accordance with Section 153(e) and all other
provisions of this chapter.
"(e) Events. Where any animal is kept as part of a CirGldS, au€ltiaR, an auction. circus,
performina animal exhibit. performina animal exhibition. or rodeo for which a commercial
permit has been obtained in accordance with Article III of this chapter. or dog or Qat is
kept as part of an animal special e'/ent, event authorized by animal GORlral the Animal
Care Services division, a porGan the holder of the permit or the person so authorized
nom:! not comply with is exempt from the distance and maximum animal number
requirements prescribed in this chapter.
"Sec. 6-37 6-158. Animal waste.
"(a) The owner of evfMy each animal shall be rosl3oRGiblo fer tho r-ome'/al of is required to
remove any feces deposited by &IJGI:\ the owner's animal on public or private property.
"(b) Feces deposited by an animal on public property or upon the private property of any
person other than &IJGI:\ the animal's owner !ffiaII must be collected and removed at once
by &IJGI:\ the animal's owner. Animal feces deposited upon any other property 6flaII must
be collected and removed daily.
"(c) Collection and removal of animal feces!ffiall must be in a container of &iGA-a type that,
when closed, is mtproof rat-proof and f1ytililht airtiaht. SuGR The container 6flaII must be
kept closed after each collection7 and. At at least once a week, each sl,l€lh G1'limal ownor
shall cause all collected feces so collected to must be disposed of in Gl,lGh a way as 2
manner that does not to permit fly breeding or other unhealthv conditions.
"Sec. 6-38 6-159. Storage of feed food; control ohats.
"@l All fee4 food provided for animals and kept outdoors 6flaII must be stored and kept in a
ratfilreef, flyti!ijht rat-proof and airtiaht building, box, container, or receptacle. Horso
stables must Garry el,lt a €laRtiRl:lous, aGti'/e rat €laRtroll3ra!ijram. [Note: Deleted
language in subsection (b) below.]
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"(b) Stables must carry out an active, on-qoinq rat control proqram.
"SeG. Il 39. Reserved. Sees. 6-160 to 6-200. Reserved.
[Note: Previous Articles V and VI below are included to revise sections and section
references only. No substantive revisions have been included.]
"ARTICLE V ARTICLE VII. WILDLIFE AND BIRD SANCTUARIES
"Sec. 6-40 6-201. Designated.
"(a) Subject to the further order, regulations and control by the city council, there is hereby
designated as a wildlife and bird sanctuary all of that area owned by the city abutting on
Up River Road in the county and more particularly described in two (2) deeds: One deed
dated December 30,1954, of record in Volume 669, pages 189-191 of the Deed
Records of Nueces County, and one deed dated January 7, 1955, of record in Volume
672, pages 346--350 of the Deed Records of Nueces County, Texas. This designation
shall not prohibit nor prevent the continued use of such land as a part of the facilities of
the water division of the department of public utilities, and any operations by city
employees in draining or otherwise using such tract of land by such water division shall
be exempt from the provisions of Gastion 6 11 Section 6-202.
"(b) Subject to the further order, regulation and control by the city council and the Lower
Nueces River Water Supply District, there is hereby designated as a wildlife and bird
sanctuary all area situated in Jim Wells and San Patricio counties lying east of the
Wesley Seale Dam and more particularly described as follows: All of that area bounded
on the south by the city operations road on the Wade property; bounded on the west by
the Wesley Seale Dam; bounded on the north by a line parallel to State Park Road 25
and immediately south of the trunk lines gauging station and extending from the south
end of the north embankment of the dam easterly to the boundary of State Park Road
25; and thence along Park Road 25 to its intersection with the Southern Pacific Railroad
right-of-way; and bounded on the east by the Southern Pacific Railroad west right-of-way
line to said city operations road. This designation shall not prohibit nor prevent the
continued use of said land as a part of the facilities of the water division of the
department of public utilities and the operations of the city and the water district in
connection with the using of said tract, and the said water reservoir shall be exempt from
the provisions of Gaction 6 11 Section 6-202. This designation is subject to the
heretofore existing rights of the Campfire Girls' lease on a portion of the water reservoir
site.
"Sec. 6-44 6-202. Regulations.
"The following regulations shall be applicable to the areas designated in 50etisn 6 1Q Section
6-201 and in all other areas designated by the city council as wildlife and bird sanctuaries,
whether situated within the city limits or owned by the city, whether within the city limits or
outside the city limits:
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"(1) It is unlawful for any person to hunt, take, kill or possess or attempt to hunt, take or kill
any bird or animal within the limits of any wildlife and bird sanctuary designated as such
sanctuary by the city council at any time.
"(2) It is unlawful for any person to disturb any nest or eggs of any bird on any wildlife and
bird sanctuary within the city.
"(3) It is unlawful for any person to take any firearms, slingshot, bow and arrow or any device
whatever usable for the killing, trapping or taking of any bird or other wildlife on any
wildlife or bird sanctuary within the city.
"(4) No clearing of grass, brush or trees will be permitted without permission from the city
and the water district acting through the reservoir superintendent.
"SeGs. & 12 & 50. Reserved. Secs. 6-203 to 6-225. Reserved.
"ARTICLE 'II ARTICLE VIII. BEEKEEPING
"Sec. 6-M 6-226. Findings.
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"Sec. i-62 6-227. Definition.
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"Sec. 6-63 6-228. Certain conduct declared unlawful.
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"Sec. 6-64 6-229. Hives.
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"Sec. 6-5i 6-230. Fencing of flyways.
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"Sec. 6-5i 6-231. Water.
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"Sec. i-61 6-232. General maintenance.
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"Sec. 6-68 6-233. Queens.
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"Sec. 6-69 6-234. Colony densities.
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"Sec. i10 6-235. Marking hives, presumption of beekeeping.
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"Sec. i-i-1- 6-236. Inspection.
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"Sec. 6-62 6-237. Compliance.
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"Sec. 6-63 6-238. Conflicts with zoning ordinance.
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"Sees. 6-239 to 250. Reserved."
SECTION 2. A violation of any provision of this ordinance or requirements implemented
under this ordinance constitutes an offense punishable as provided in this ordinance.
SECTION 3. 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, it will not affect any other section, paragraph, subdivision, clause,
phrase, word, or provision of this ordinance, for it is the definite intent of the City Council that
every section, paragraph, subdivision, phrase, word, and provision of this ordinance be given
full force and effect for its purpose.
SECTION 4. Publication of this ordinance is to 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.
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Corpus Christi, Texas
The foregoing ordinance was read for the first time and passed to its second reading on this
the I (p1>-- day of -Yl...II"_V.."'.Q.....A , 2004, by the following vote:
Samuel L. Neal, Jr. ~ Bill Kelly ~
Brent Chesney ~ Rex A. Kinnison ~
Javier D. Colmenero ~ Jesse Noyola ~
Melody Cooper ~ Mark Scott --+
Henry Garrett ~..
The foregoing ordinance was read for the second time and passed finally on this the
day of , 2004, by the following vote:
Samuel L. Neal, Jr.
Bill Kelly
Brent Chesney
Rex A. Kinnison
Javier D. Colmenero
Jesse Noyola
Melody Cooper
Mark Scott
Henry Garrett
PASSED AND APPROVED this
day of
,2004.
ATTEST:
CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Samuel L. Neal, Jr.
Mayor
R. Hundley
Assis nt City Attorney
for the City Attorney
/I //1 /
/ I
,2004
APPROVED:
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6
AGENDA MEMORANDUM
RECOMMENDATION: Motion approving a supply agreement for testing and calibrating of
automatic external defibrillators for the Fire Department-EMS, with Medtronic Physio-Control
Corporation, Redmond, Washington, based on sole source, for an estimated annual expenditure
of $35,356. The term of the supply agreement will be for twelve months with an option to
extcnd for up to two additional twelvc-month periods subject to the approval of the supplier and
the City Manager or his designee. Funds have been budgeted by the Fire Department in FY04-
05.
...............................................................................
BACKGROUND:
Purpose:
The maintenance agreement is for testing and calibrating forty-five
(45) Lifepak automatic cxternal defibrillators for the Fire
Departmcnt - EMS.
Price Analysis:
Pricing has increased approximately 16% from the last agreement
of2004. The increase is partially due to three additional Life Pak
500 AEDs being added to the maintenance agreement of2005.
Award Basis:
Sole Sourcc
Medtronic Physio-Control Corporation is the manufacturer ofthc
Lifepak series of cardiac defibrillator/monitors and the solc
maintenance providcr of the equipment.
Funding:
Fire Dept.-EMS
530230-4680-35100
$35,356
~
Michael rrera, C. P.
Procurement and General Serviccs Manager
7
COUNCIL MEMORANDUM
Motion approving the purchase of one aircraft rescue and fire fighting vehicle from Emergency
One, Inc. of Ocala, Florida in accordance with bid invitation No. BI-0023-05, based on low bid
for a total amount of $541 ,627.00. This vehicle will be used by the Aviation Department for fire
suppression and crash rescue at the Corpus Christi International Airport. Funding is available
from the Airport CIP Grant and Reserve Funds.
*************************************************************************************
Purpose:
This is replacement vehicle that will be used by the Aviation
Department to protect and serve the citizens of Corpus Christi,
Texas and passengers flying into and out of the Corpus Christi
International Airport.
Bid Invitations Issued:
Five
Bids Received:
Three
Award Basis:
Low Bid
Funding:
Airport CIP Fund Grants
550720-3020-00000-101026
$514,545.65
Airport CIP Fund Capital Reserve
550nO-3020A-00000-l 01 026
27,081.35
$541,627.00
~.
Michael era, C.P.
Procurement & General Services Manager
CITY OF CORPUS CHRISTI
PURCHASING DMSION
BUYER: PAUL J. PIERCE
BIO INVITATION NO. BI.0023-05
AVIATION RESCUE AND FIRE FIGHTING VEHICLE
ITEM
OESCRIPTION
QTY UNIT
EMERGENCY ONE, INC.
OCALA, FL
UNIT EXTENDED
PRICE PRICE
OSHKOSH TRUCK CORP.
LAYTON, UT
UNIT EXTENDED
PRICE PRICE
ROSENBAUER
WYOMING, MN
UNIT EXTENDED
PRICE PRICE
Aircraft Rescue & Fire Fighting Vehicle
Vehicle $541,627.00
$541,627.00 $578,162.00
$578,162.00 $582,414.00
$582,414.00
TOTAL
$541.627.00
8
COUNCIL MEMORANDUM
RECOMMENDATION: Motion approving the purchase of 33 police package sedans in
accordance with Bid Invitation No. BI-0033-05 from Access Ford LTD, Corpus Christi, Texas
based on low bid for a total of $704,154. All units are replacements. Funding is available from
the FY04-05 Capital Outlay budget in the Maintenance Services Fund.
******************************************************************************
Purpose:
These police package sedans will be used by the Police
department for normal police work.
Bid Invitations Issued:
Ten
Bid Invitations Received:
Three
Basis of Award:
Low Bid
Price Comparison:
The City purchased thirty-three police patrol sedans last
year for a unit price of $21,3 12. The current price is
$21.338.
Maintenance Services
550020-5110-40120
Capital Outlay Item No. 47
$597,464
Police Dept-Crime Control
and Prevention Fund
550040-9010-11717
Capital Outlay Item No. 46
$ I 06,690
TOTAL
$704,154
~ UtL/.) L
7
ichael Barrera, C.P.M.
Procurement & General Services Manager
City of Corpus Christi
Purchasing Division
Bid Tabulation
November 3, 2004
Bid Invitation No. BI-0033-05
Police Package Sedans
Quantity: 33 each
Unit Price
Total
Access Ford
Corpus Christi. Texas
$21,338.00
Crosstown Ford
Corpus Christi, Texas
$21,581.00
Champion Ford
Corpus Christi, Texas
$22,568.00
$704,154.00
$712,173.00
$744,744.00
9
COUNCIL MEMORANDUM
RECOMMENDATION: Motion approving the purchase of 440 water meters from Badger
Meter, Inc. Milwaukee, WI in accordance with Bid Invitation No. BI-0038-05 based on low bid
for a total amount of $25,828. The meters will be used by the Water Department. Funds have
been budgeted by the Water Department in FY04-05.
*************************************************************************************
Purpose:
These meters will be installed throughout the pilot areas of the
AMR project. They are equipped with electronic encoder registers
that will be able to communicate with the Heaxagram STAR
Metering Transmission Unit (MTU).
Bids Issued:
Five
Bids Received:
Three
Basis of A ward:
Low Bid
Funding:
Water Department
550040-4010-31510
$25,828
Michael Barrera
Procurement & Gene
CITY OF CORPUS CHRISTI
PURCHASING DIVISION
BID TABULATION
BID INVITATION NO. BI-0038-05
WATER METERS
BUYER: Michael Barrera
12114/04
ITEM
DESCRIPTION
BADGER METER, INC.
MILWAUKEE, WI
UNIT TOTAL
QTY UNIT PRICE PRICE
AMCO Water Metering
Systems
OCALA, FL
UNIT TOTAL
PRICE PRICE
NEPTUNE TECHNOLOGY
GROUP INC.
T ALLASSEE, AL
UNIT TOTAL
PRICE PRICE
5/8" X 3/4" 308 each $59 w.m $61 $18,788 $65 $20,020
potted to MTU
2 5/8" X 3/4" 132 each 58 ~ 61 8,052 65 8,580
potted 10 3 wire pigtail
Total $25.828.00 $26,840.00 $28,600.00
10
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: 12/14/04
AGENDA ITEM: Ordinance appropriating $4,200.17 in interest earnings from the
unreserved fund balance in the NO.1 061-820896 Law Enforcement Block Grant 1996
grant fund, appropriating $448.62 in interest earnings from the unreserved fund
balance in the NO.1 061-820897 Law Enforcement Block 1997 grant fund, appropriating
$2,311.96 in interest earnings from the unreserved fund balance in the No. 1061-
820802 Law Enforcement Block Grant 2002 grant fund, and appropriating $1,510.84 in
interest earnings from the unreserved fund balance in the No. 1061-820803 Law
Enforcement Block Grant 2003 grant fund.
ISSUE: Interest earnings for these grants need to be appropriated in order to spend the
monies.
BACKGROUND INFORMATION: The Law Enforcernent Block Grants require the City
to place the funds in an interest bearing trust fund account. The Police Department is
requesting to utilize these funds to assist with the purchase of additional law
enforcement equipment.
FUNDING: Funds are available from the Local Law Enforcement Block Grants.
REQUIRED COUNCIL ACTION: Appropriation of interest earnings.
CONCLUSION AND RECOMMENDATION: Staff recommends appropriation.
Cd?
P. Alvarez,
Chief of Po .
Attachments:
ORDINANCE
APPROPRIATING $4,200.17 IN INTEREST EARNINGS FROM THE
UNRESERVED FUND BALANCE IN THE NO. 1061-820896 LAW
ENFORCEMENT BLOCK GRANT 1996 GRANT FUND, APPROPRIATING
$448.62 IN INTEREST EARNINGS FROM THE UNRESERVED FUND
BALANCE IN THE NO. 1061-820897 LAW ENFORCEMENT BLOCK 1997
GRANT FUND, APPROPRIATING $2,311.96 IN INTEREST EARNINGS FROM
THE UNRESERVED FUND BALANCE IN THE NO. 1061-820802 LAW
ENFORCEMENT BLOCK GRANT 2002 GRANT FUND, AND APPROPRIATING
$1,510.84 IN INTEREST EARNINGS FROM THE UNRESERVED FUND
BALANCE IN THE NO. 1061-820803 LAW ENFORCEMENT BLOCK GRANT
2003 GRANT FUND FOR POLICE LAW ENFORCEMENT EQUIPMENT; AND
DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That $4,200.17 in interest earnings is appropriated from the unreserved
fund balance in the No. 1061-820896 Law Enforcement Block Grant 1996 Grant Fund,
$448.62 is appropriated in interest earnings from the unreserved fund balance in the
NO.1 061-820897 Law Enforcement Block 1997 Grant Fund, $2,311.96 is appropriated
in interest earnings from the unreserved fund balance in the No. 1061-820802 Law
Enforcement Block Grant 2002 Grant Fund, and $1,510.84 is appropriated in interest
earnings from the unreserved fund balance in the No. 1061-820803 Law Enforcement
Block Grant 2003 Grant Fund for Police law enforcement equipment.
SECTION 2. That upon written request of the Mayor or five Council members, copy
attached, the City Council (1) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and (2) suspends the Charter rule that requires consideration of and voting upon
ordinances at two regular meetings so that this ordinance is passed and takes effect
upon first reading as an emergency measure this the day of
,2004.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Samuel L. Neal, Jr.
Mayor
APPROVED: December 7,2004
Lisa Aguilar
Assistant City orney
for City Attorney
Corpus Christi, Texas
Day of
,2004
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 rneetings: 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
City of Corpus Christi
Council Members
The above ordinance was passed by the following vote:
Samuel L. Neal, Jr.
Brent Chesney
Javier D. Colmenero
Melody Cooper
Henry Garrett
Bill Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
11
COUNCIL MEMORANDUM
RECOMMENDATION: Motion approving the purchase of a bullet recovery system from
C:yberNational, Inc.. Murfreesboro, TN. in accordance with bid invitation No. BI-0026-05, based
on only bid for a total amount of $47.596. This equipment will be used by the Police
Department. Funding is available from the Law Enforcement Block Grant.
*************************************************************************************
Purpose:
This equipment will be used by the Identification Firearms
Examiners in forensic examinations. The system will enable the
recovery of bullets tired from an assortment of firearms for
ballistic comparison.
Basis of Award:
Only Bid - CyberNational, Inc is the only manufacturer to provide
the size and type equipment specified by the Police Department.
Funding:
Law Enforcement Block Grant
550040-1061-820802
$47,596
Michael Barrera
Procurement & Gener Services Manager
City of Corpus Christi
Purchasing Division
Bid Tabulation
12/14/2004
Bullet Recovery System
Qty Unit
CyberNational Inc.
Murfreesboro, TN
Total
Bullet Recovery System 1 each
including one -piece shooting tank,
water filtration, automatic lid
operation, solid state underwater lighting
integral vacuum recovery of projectiles,
brass catcher, remote firing stand,
air spring suspension of tank
and HEPA air filtration. Award Total
$ 47,596.00
$ 47,596.00
12
CITY COUNCIL
AGENDA MEMORANDUM
December 14, 2004
AGENDA ITEM:
Item A: Resolution authorizing the City Manager, or his designee to accept a grant from the State Homeland
Security Grant Program in the amount of $156,807.00, to improve the City's ability to respond to Homeland
Sccurity issues, in the no. 1062 Fire Grants Fund.
Item B. Ordinance appropriating $144,824.00 from the State Homeland Security Program in Fire Grants Fund
1062 for the purchase of 43 handheld radios; and declaring an emergency.
Issue: On June 7, 2004 the City Council received a notice of a subrecipient award from the State
Homeland Security Grant in the amount of $156,807. The purpose of the grant is to improve our
ability to respond to potential terrorist attacks using weapons of mass destruction. An analysis of our
response capabilities and equipment needs identified the need for additional hand-held radios to be
distributed between the City Police, Fire, Airport and Health Departments.
Financial Commitment Required of the City: No matching funds by the City are required for this
purchase,
Background: The City of Corpus Christ currently owns and operates an Enhanced Digital Access
Communications System (EDACS) provided by Ericsson, now known as MIA-COM. This system
provides the critical Public Safety and Public Service Communication needs for the City of Corpus
Christi as well as Nueces County. MIA-COM currently owns the patent and copyright for EDACS,
therefore equipment for the system can only be purchased from them.
Purchase of the radios are to be made through Dailey-Wells Communications since they are the only
authorized MIA-COM Network Solutions Provider assigned to provide sales and service support
throughout the Coastal Bend area. The City has the option to purchase equipment through the States
Equipment Purchasing Program or locally. The remaining balance of the grant ($11,983) will be used
to purchase nine Pocket PCs and one Computer System through the State Purchasing Program. All the
equipment purchased through this grant will go to the Police Department.
Required Council Action: Council approval is required to authorize the City Manager to accept
grant and appropriate grant monies.
Recommendation: Staff recommends approval to accept the grant and appropriate $144,824.00
from the State Homeland Security Grant in Fire Grants Fund 1062 to purchase 43 hand-held radios.
Uf~~
Ju n J Ad e
'reChl
ADDITIONAL SUPPORT MATERIAL
I. Resolution
2. Ordinance
3. Award Letter and Approval to Sole Source
2004 LETPP - 17000
Junc 7, 2004
Chief Michael Hernandez
2406 Leopard #300
Corpus Christi, TX 78408
Dear Chief Hernandez:
You are receiving the enclosed Notice of Sub recipient Award for the 2004 State Homeland Security Law
Enforcement Terrorism Prevention Program (LETPP) and Texas 2004 State Homeland Security LETPP
Grant Instructions because you are registered as the Jurisdiction Point of Contact for the City of Corpus
Christi on the Texas Domestic Preparedness Assessment website. If you are no longer serving in that
capacity please immediately give this packet to the correct individual. Your senior elected official has
been informed in the grant announcement letter that this packet would be sent to you.
The enclosed documents contain the necessary documentation and instructions for you to utilize your
2004 State Homeland Security LETPP sub-grant to improve your jurisdiction's ability to respond to
potential terrorist use ofa Weapon of Mass Destruction.
The Notice of Subrecipient A ward should be signed by the County Judge, City Mayor, City
Manager, Mayor Pro- TEM, Executive Director for the Council of Government, or Chief Financial
Officer for the jurisdiction. Sub grants to agencies should be signed by the agency director. Other
signatures will require an accompanying statement from the senior elected official authorizing the
individual to sign for the jurisdiction. The Deadline to return the signed Notice of Subrecipient
Award is August 16, 2004, either by fax or postmarked with the due date. Jurisdictions that cannot
meet the deadline should immediately contact the Texas Engineering Extension Service to request
an extension. A maximum 30 day extension may be granted to allow for schedules of City Councils
and Commissioners' Courts. The offer of award will be withdrawn if the signed Notice of
Subrecipient Award is not returned by the due date or extended date.
Address:
Director of Domestic Preparedness
John B. Connally Building
301 Tarrow-TEEX, Suite 138
College Station, TX 77840-7896
Pax: (979) 458-6927
Email: suooort(i.i1texasdoa.com
If you have any questions, or require further information regarding this award, please do not hesitate to
contact Charles Todd, TEEX Director of Domestic Preparedness, at (979) 458-6815.
Sincerely,
i7l!!~ ~--I_.. 7~
Charles Todd
Director of Domestic Preparedness
Texas Engineering Extension Service
.------>
CJ> P ')
/
2004 LETPP - 17000 Page 1
r- - -------~------ ~---- I
TEXAS ENGINEERING EXTENSION NOTICE OF SUBRECIPIENT AWARD
SERVICE FOR I
City of Corpus Christi
ST A TE HOMELAND SECURITY
GRANT PROGRAM
I. RECIPIENT NAME AND ADDRESS 4. AWARD NUMBER:2004 LETPP - 17000
Chief Michael Hernandez
2406 Leopard #300 5. PROJECT PERIOD: FROM DEC 1,2003 - NOY. 30. 2005
Corpus Christi, TX 78408 BUDGET PERIOD: FROM DEC 1,2003 - NOY. 30,2005
6. AWARD DATE 7. ACTION
-- June 7, 2004
IA_ GRANTEE IRS/VENDOR NO. 8. CFDA NUMBER: lnitial Award
]7460005741 97.004
9. AMOUNT AWARDED AS A BASE GRANT: 5151,807.00
3. GRANT TITLE 10. AMOUNT AWARDED FROM REGION: 55,000.00
2004 STATE HOMELAND SECURITY LETPP
3A. Grant award number to TEEX: 2004-GE-T4-0015 I t. TOTAL SUBRECIPIENT A WARD (9+10): 5156,807.00
lOa. Amount ofbloc:k 10 for lOb. Amount of block 10 for IOc. Amonnt of block 10 for 110d.ADlOuotOf block 10 for
Planning: Equipment: S5,000.00 Eurcises: $0.00 Training: $0.00
$0.00
The amounts in the blocks lO~ 10 b? 10c, and IOd represent the amounts the Council of Government bas placed in each area for
the regional award. When DO amounts are indicated the Council of Governments has not set a specific amount for the
individual catPiJories.
12. SPECIAL CONDITIONS
THE ABOVE GRANT IS SUBJECf TO SUCH CONDITIONS OR LIMITATIONS AS ARE
SET FORTIl IN TIlE NOTICE OF SUBREClPIENT A WARD AND IN TIlE TEXAS 2004 LETPP GRANT lNSTRUCfIONS
IJ. STATUTORY AUTHORITY FOR GRANT
THIS PROJEU IS SUPPORTED UNDER PUBLIC LAW 108-90, THE DEPARTMENT OF HOMELAND SECURITY
APPROPRLI>,. TIONS AU, 2004.
14. METHOD OF PAYMENT
REIMBURSEMENT: SEE DETAILS IN TEXAS 2004 STATE HOMELAND SECURITY LETPP GRANT
INSTRUCTIONS
AGENCY APPROY AL SUBRECIPIENT ACCEPTANCE
t5. SIGNATURE OF APPROVING TEEX OFFICIAL 16.TYPED NAME ~"'D TITLE OF AUTHORIZED
SUBRECIPIENT OFFICIAL /
~~/
/ ~~
Arturo Alonzo ~~ '
Deputy Director/eFO samuel1%i. Jr. '"
Texas Eopineerinp Extension Senice or
AGENCY USE ONLY 17. SIGNATURE OF AUTHORIZED 17A. DATE
SUBRECIP1ENT OFFICIAL
~ ~o- ~ -- -
Michael Hernandez - Texas DPA grant funds released for local purchase
'-;-C'
""'..(:''-.''_1:'1:-_,,,,
--
From:
To:
Date:
Subject:
CC:
<support@TexasDPA.com>
<support@TexasDPA.com>
11/3/200410:12 PM
Texas DPA grant funds released for local purchase
<MHERNANDEZ@cctexas.com>, <john@cbcog98.org>
JURISDICTION:
Your local purchase method is approved. You are authorized to purchase items from this email list ONLY. No
substitutions, replacements, or additional items are allowed without prior TEEX approval. Failure to comply
could result in delay or non-payment of the order or Items.
F1PSCode: 17000
Jurisdiction: City of Corpus Christi
COG: Coastal Bend Council of Governments
Grant:
2004 LETPP
For the following list of equipment
I IlQtyllunlt Cost IIExt Cost I
(Erickson-Jaguar 700PI pro voice po 1@]1$3,368.ooll$144,824.00 I
IHP iPAQ h6315 Pocket PC 101 $736.00 II $6,624.001
JRIES - Computer system for JRlES- Minimum order must be: 17 Color Monitor, 2.80GHz DI$4'850'0011 $4,850,00\
512K/800MHz Processor, 256 MB DDR SDRAM, 40GB EIDE nOORPM, 48X/32X/48X CD
RW, Video Card, 10/100 Ethernet Card, MicrosoM@ WindowsA@ XP Professional,
Keyboard, Mouse
https://www.texasdpa.com
file:lfC:\Documents and Settings\User\Local Settings\Temp\GW}OOOO1.HTM
11/16/2004
RESOLUTION
AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO
ACCEPT A GRANT FROM THE STATE HOMELAND SECURITY
GRANT PROGRAM IN THE AMOUNT OF $156,807.00, TO IMPROVE
THE CITY'S ABILITY TO RESPOND TO HOMELAND SECURITY
ISSUES, IN THE NO. 1062 FIRE GRANTS FUND.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. The City Manager, or the City Manager's designee, is authorized to accept
a grant from the State Homeland Security Grant Program in the amount of $156,807.00
to improve the City's ability to respond to Homeland Security issues, in the NO.1 062
Fire Grants Fund.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED: I}('(~, R
Samuel L. Neal, Jr.
Mayor
,2004.
By: (/~~ d
Joseptf Harne~
Assistant City Attorney
For City Attorney
Reso-Flre-HmSc
2
Corpus Christi, Texas
cl ,2004
The above resolution was passed by the following vote:
Samuel L. Neal, Jr.
Brent Chesney
Javier D. Colmenero
Melody Cooper
Henry Garrett
Bill Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
Reso-Fire-HmSc
AN ORDINANCE
APPROPRIATING $144,824.00 FROM THE STATE HOMELAND
SECURITY GRANT PROGRAM IN FIRE GRANTS FUND 1062 FOR THE
PURCHASE OF 43 HANDHELD RADIOS; AND DECLARING AN
EMERGENCY
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That $144,824.00 from the State Homeland Security Grant Program is
appropriated in the No. 1062 Fire Grants Fund for the purchase of 43 handheld radios
and related attachments to improve the City's ability to respond to homeland security
issues.
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 14th day of December, 2004.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Samuel L. Neal, Jr.
Mayor
APPROVED:
IL'~J
,2004
By:
~ d--- /'
Josep Harney 0
Assistant City Attorney
For City Attorney
Ord-Appr-Fire-HS
2
Corpus Christi, Texas
day of
,2004
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: Ilwe, 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
Melody Cooper
Henry Garrett
Bill Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
13
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date:
12/1404
AGENDA ITEM: Resolution authorizing the City Manager, or designee, to execute a
memorandum of understanding between the City of Corpus Christi, Nueces County, the
Regional Transportation Authority, the Port Industries of Corpus Christi (PICC), and the
Port of Corpus Christi Authority of Nueces County, Texas (POCCA) to establish terms
for the upgrade of the 800 MHz public safety trunked radio system, to establish
responsibilities, and to allow PICC and POCCA to participate in the 800 MHZ public
safety trunked radio system.
ISSUE: The PICC and POCCA have funding available to upgrade the 800 MHZ radio
system. The incorporation of the radio/microwave equipment will result in a fully
interoperable communications system for all Public Safety Users in Nueces and San
Patricio Counties.
REQUIRED COUNCIL ACTION: Approval of the memorandum of understanding.
FUNDING: No funding is involved
CONCLUSION AND RECOMMENDATION: Staff recommends approval of the
memorandum of understanding.
Attachments:
Memorandum of Understanding
BACKGROUND INFORMA liON
By Interlocal Agreement in February, 1994, the City of Corpus Christi, Nueces County
and the Regional Transportation Authority, agreed to develop and operate an
advanced 800 MHz public safety trunked radio system as well as allow other
governmental and non-profit entities to participate in the Radio System under certain
conditions for each participating entity.
To provide for the additional agencies, the Port Industries of Corpus Christi (PICC) and
the Port of Corpus Christi Authority of Nueces County, Texas (PICCA), the radio
system must be upgraded. PICC will furnish radio/microwave equipment for
incorporation into the Radio System for an estimated $481,563. PICC/ POCCA will
then become users in the Radio System. PICC shall be solely responsible for the
purchase of, but not limited to, the following equipment: new repeaters for the
Downtown Corpus Christi main transmitter site; microwave and control equipment
required to connect radio systems located in Corpus Christi, Violet, Ingleside, Flour
Bluff, Mathis and Sinton with the main Radio System control center; and microwave and
control equipment required to expand the capabilities of the Flour Bluff and Violet sites.
PICC shall be solely responsible for all costs affiliated with the installation of the
radio/microwave communications equipment enumerated in the preceding paragraph of
this MOU. Such costs shall include the de-installation and reinstallation of existing
Radio System radio/microwave communications equipment which must be relocated.
The City/County/RTA shall be responsible for any maintenance costs of all
radio/microwave backbone equipment
PICC/POCCA, collectively, shall have usage of 200 radio slots within the Radio
System. PICC/POCCA shall enjoy full usage of the technical capabilities of the Radio
System, plus the cooperation of the City/County/RTA regarding the future expansion of
such capabilities where expansion does not require the City/County/RTA to purchase
additional equipment. All PICC/POCCA radio usage on the Radio System shall be
administered by POCCA, in accordance with established Radio System procedures.
The City/County/RTA shall not be responsible for any maintenance costs affiliated with
PICC/POCCA user equipment.
In lieu of PICC/POCCA compensating the City/County/RTA for Radio System User
Fees, PICC will purchase the radio/microwave equipment and allow for its usage. The
term of usage of equipment under this MOU shall be 14 years after which PICC shall
donate, free of charge, all backbone equipment to the Radio System and the
City/County/RT A shall be the new owner of the equipment.
MEMORANDUM OF UNDERSTANDING
By Interlocal Agreement, the City of Corpus Christi, Nueces County and the Regional
Transportation Authority, (the "City/County/RTA"), agreed to develop and operate an
advanced 800 MHz public safety trunked radio system ("the Radio System"). In that
Interlocal Agreement, the City/County/RTA agreed to allow other governmental and
non-profit entities to participate in the Radio System under certain conditions for each
participating entity. In this agreement, police, emergency medical personnel, fire
departments and sheriff's departments shall be referred to in the collective term "Public
Safety Users."
1. Purpose. The purpose of this Memorandum of Understanding ("MOU") is to
establish terms for the upgrade of the Radio System and to establish responsibilities
pursuant to the participation in said system of the Port Industries of Corpus Christi
("PICC"), a non-profit corporation formed by the Port Industries Group, and the Port of
Corpus Christi Authority of Nueces County, Texas ("POCCA"), a political subdivision of
the State of Texas and a member of PICC. The incorporation of the radio/microwave
equipment referenced in this MOU will result in a fully interoperable communications
system for all Public Safety Users in Nueces and San Patricio Counties.
2. Participation bv PICC and POCCA The City/County/RTA agrees to allow PICC
and POCCA to participate in the Radio System subject to the terms and conditions of
this MOU. PICC will furnish radio/microwave equipment for incorporation into the Radio
System. PICC/ POCCA will become users in the Radio System.
3. Purchase of Equipment. PICC shall be solely responsible for the purchase of, but
not limited to, the following equipment: new repeaters for the Downtown Corpus Christi
main transmitter site; microwave and control equipment required to connect radio
systems located in Corpus Christi, Violet, Ingleside, Flour Bluff, Mathis and Sinton with
the main Radio System control center; and microwave and control equipment required
to expand the capabilities of the Flour Bluff and Violet sites This equipment shall be
referred to as "backbone equipment"
4. Installation of Equipment: PICC shall be solely responsible for all costs affiliated
with the installation of the radio/microwave communications equipment enumerated in
the preceding paragraph of this MOU. Such costs shall include the de-installation and
reinstallation at other Radio System sites those pieces of existing Radio System
radio/microwave communications equipment which must be relocated pursuant to the
Radio System upgrade plan.
5. Usaqe of EaulPment. PICC/POCCA, collectively, shall have usage of 200 radio
slots within the Radio System. PICC/POCCA shall enjoy full usage of the technical
capabilities of the Radio System, plus the cooperation of the City/County/RTA regarding
the future expansion of such capabilities where expansion does not require the
City/County/RTA to purchase additional equipment. All PICC/POCCA radio usage on
the Radio System shall be administered by POCCA, in accordance with established
Radio System procedures.
6. Maintenance of Eauipment. The City/County/RTA shall be responsible for any
maintenance costs of all radio/microwave backbone equipment. The City/County/RTA
shall not be responsible for any maintenance costs affiliated with PICC/POCCA user
equipment.
7. Insurance and Warranties. The City/County/RTA shall insure against loss or
damage all backbone equipment provided to the Radio System by PICC. The start date
for insurance coverage shall be the date upon which all installation has been completed
and such installation has been accepted as a final product by the City/County/RTA.
City/County/RTA shall be responsible for coordinating all equipment repairs which are
covered by sellers/manufacturers warranties.
8. PICC/POCCA User Fees for Usaae of the Radio System. In lieu of PICC/POCCA
compensating the City/County/RTA for Radio System User Fees, PICC shall provide for
usage in the Radio System, free of charge, the radio/microwave equipment described in
this MOU. The term of usage of equipment under this MOU shall be 14 years, (see
paragraph 10), after which PICC shall donate, free of charge, all backbone equipment to
the Radio System and the City/County/RTA shall be the new owner of said backbone
equipment.
9. Notices. Any notices under this MOU must be provided as follows:
To the City/County/RTA:
City of Corpus Christi
City Manager
P O. Box 9277
Corpus Christi, Texas 78469-9277
To PICC
Port Industries of Corpus Christi
Executive Director
222 Power Street
Corpus Christi, Texas 78401
10 Effective Date. The effective date of this MOU is the date upon which the last
required signature is affixed. The expiration date of this MOU shall be14 years after the
date upon which the City/County/RTA accepts as a finished product the final installation
of equipment from the contracted installer (see paragraph 8). Upon expiration of this
MOU, PICC/POCCA may seek a user agreement, subject to the standard terms of the
users of the Radio System.
11. Incorporation of Interlocal AQreement. A copy of the February 3rd, 1994 Interlocal
Agreement for the Radio System is attached and incorporated into this MOU. The
parties acknowledge that the Interlocal Agreement provides additional responsibilities of
the parties. Any inconsistencies in these documents will be resolved in this order of
priority: 1. This MOU; 2 The Interlocal Agreement.
12. Distribution for Sianature. Duplicate originals of this MOU will be simultaneously
distributed for signature.
Port Industries of Corpus Christi
CITY OF CORPUS CHRISTI
By
Tom Curlee
Executive Director
Date:
By
George Noe
City Manager
Date:
REGIONAL TRANSPORTATION
AUTHORITY
COUNTY OF NUECES
By:
Ricardo Sanchez
General Manager
Date:
By:
Terry Shamsie
County Judge
Date:
RESOLUTION
AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE A
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF
CORPUS CHRISTI, NUECES COUNTY, THE REGIONAL
TRANSPORTATION AUTHORITY, THE PORT INDUSTRIES OF
CORPUS CHRISTI (PICC), AND THE PORT OF CORPUS CHRISTI
AUTHORITY OF NUECES COUNTY TEXAS (POCCA) TO ESTABLISH
TERMS FOR THE UPGRADE OF THE 800 MHZ PUBLIC SAFETY
TRUNKED RADIO SYSTEM, TO ESTABLISH RESPONSIBILITIES, AND
TO ALLOW PICC AND POCCA TO PARTICIPATE IN THE 800 MHZ
PUBLIC SAFETY TRUNKED RADIO SYSTEM
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS;
SECTION 1. The City Manager, or the City Manager's designee, is authorized to
execute a memorandum of understanding between the City of Corpus Christi,
Nueces County, the Regional Transportation Authority, the Port Industries of
Corpus Christi (PICC), and the Port of Corpus Christi Authority of Nueces County
Texas (POCCA) to establish terms for the upgrade of the 800 Mhz public safety
trunked radio system, to establish responsibilities, and to allow PICC and
POCCA to participate in the 800 Mhz public safety trunked radio system. A copy
of the Memorandum of Understanding is on file in the City Secretary's office.
ATTEST:
THE CITY OF CORPUS CHRISTI
Samuel L. Neal, Jr.
Mayor
Armando Chapa
City Secretary
Approved: December 6,2004
C(~~
Lisa Aguilar
Assistant City Attorney
for City Attorney
14
AGENDA MEMORANDUM
City Council Action Date: December 14. 2004
AGENDA ITEM:
Item A: A resolution authorizing the City Manager or his designee to accept a grant from
the Texas Department of State Health Services (DSHS) in the amount of $109,526 for
the elimination and control of tuberculosis in Nueces County.
Item B: An ordinance appropriating a grant from the Texas Department of State Health
Services (DSHS) in the amount of $109,526 in the No. 1066 health grants fund for the
elimination and control of tuberculosis in Nueces County.
ISSUE: The Corpus Christi-Nueces County Public Health District requests City Council's
approval to execute and appropriate a one year contract in the amount $109,526 to fund
the elimination and control of tuberculosis in Nueces County. These funds will provide
services to individuals who have tuberculosis or those who have a high risk of
developing tuberculosis. The contract will begin on 01/01/05, and will be awarded for a
12-month budget period.
REQUIRED COUNCIL ACTION:
appropriation of funds.
Approval of the contract attachment and
PREVIOUS COUNCIL ACTION: Previous Council actions executed the contract and
appropriated funds for FY04.
FUNDING: DSHS awards eligible local Health Departments contracts to provide
prevention control of tuberculosis; the funding available this year is in the amount of
$109,526. There are no matching funds required.
CONCLUSION AND RECOMMENDATION: Recommend City Council to approve the
contract attachment and appropriate funding for the elimination and control of
tuberculosis in Nueces County.
~ 7~,~/H
(Department Head Signature)
BACKGROUND INFORMATION
BACKGROUND: This item renews our current contract with the Department of State
Health Services to provide services to prevent, treat, and control tuberculosis within the
Corpus Christi area. DSHS has provided grant funding to support the Health District's
Tuberculosis (TB) Program for many years. This past FY04, the TB Program serviced
approximately 10,500 patients. Financial assistance under this contract renewal is
being increased by 4.0% over FY04 levels. The contract period is from 1/1/05 _
12/31/05, and funds are being awarded to support staff salaries, benefits, vehicle
maintenance and fuel for TB Program services. The contract requires no matching
funds.
f)
CONTRACT FOR PUBLIC HEALTH SERVICES
DSHS DOCUMENT NO. 74600057412006
Contract Issued by: DEPARTMENT OF STATE HEALTH SERVICES PF
(RECEIVING AGENCY) 1100 WEST 49TIl STREET
AUSTIN, TEXAS 78756-3199
Legal Authorit~y to Contract: Chapters 12 and 121. Health and Safety Code.
Venue: The provisions of this Contract shall be interpreted in accordance with Texas law. Venue for any court disputes shall be in Travis County,
Texas.
PERFORMING AGENCY NAME: CORPUS CHRISTI-NUECES COUNTY PUBLIC HEALTH DISTRlCT (CITY)
MAILING ADDRESS: P.O. BOX 9727 CORPUS CHRISTI TX 78469-0000
STREET ADDRESS: 1702 HORNE ROAD CORPUS CHRISTI TX 78469-0000
NAME OF AUTHORIZED
CONTRACTING ENTITY: CORPUS CHRISTI (CITY OF)
(If different from PERFORMING AGENCY)
PAYEE DATA (If not the same as PERFORMING AGENCY or AUTHORIZED CONTRACTING ENTITY; must be on tile with the Texas State
Comptroller's Office.):
NAME: CITY OF CORPUS CHRISTI
ADDRESS: PO BOX 9277 CORPUS CHRISTI TX 78469-9277
(City, State, Zip)
State of Texas Vendor Identification No. (14 digits) PAYEE AGENCY Fiscal
17460005741027 Year Ending Month: July
PAYEE BUSINESS INFORMATION FOR STATISTICAL REPORTING: Please check the categories that apply to your business.
- Small Business - A corporation, sole proprietorship, or other legal entity fonned for the purpose of making a profit which is
independently owned and operated and has fewer than 100 employees or has less than $1,000,000 in annual gross receipts.
- Historically Underutilized Business (HUB) - A corporation, sole proprietorship, or joint venture formed for the purpose of making a
profit in which at least 51 % of all classes of the shares of stock or other equitable securities are owned by one or more persons who have
been historically underutilized (socially disadvantaged) because of their identification as members of certain groups: Black American.
Hispanic American. Asian Pacific American, Native American, and Women. The HUB must be certified by Texas Building and
Procurement Commission or another entity
- For Profit Organization
SUMMARY OF CONTRACT DOCUMENTATION:
COVER PAGE I - Receivmg and Performing Agency Data GENERAL PROVISIONS - 6/2004
COVER PAGE 2 - Details of Attachment(s) A IT ACHMENT(S)
COVER PAGE 3 - Authorized Signatures EXHIBITS. IF APPLICABLE
Cover Page I
DETAILS OF ATTACHMENTS
Att/ DSHS Program IDI Term Financial Assistance Direct Total Amount
'Amd DSHS Purchase Assistance (DSHS Share)
No. Order Number Begin End Source of Amount
Funds*
01 TBIPC 01/01/05 12/31105 93.116 109,526.00 0.00 109,526.00
0000302370
DSHS Document No.746000574I 2006 Totals $109,526.00 $ 0.00 $109,526.00
'Federal funds are indicated by a number from the Catalog of Federal Domestic Assistance (CFDA), if applicable. REFER TO
BUDGET SECTION OF ANY ZERO AMOUNT A TT ACHMENT FOR DETAILS.
Cover Page 2
EXECUTED IN DUPLICATE ORIGINALS ON THE DATES SHOWN.
CORPUS CHRISTI (CITY OF)
Authorized Contracting Entity (type above if different
from PERFORMING AGENCY) for and in behalf of:
PERFORMING AGENCY NAME:
CORPUS CHRISTI-NUECES COUNTY PUBLIC
HEALTH DISTRICT (CITY)
By:
(Signature of person authorized to sign contracts)
(Name and Title)
Date:
RECOMMENDED:
By:
(PERFORMING AGENCY Director, if different
from person authorized to sign contract)
RECEIVING AGENCY NAME:
DEPARTMENT .OF.S'fATE.HEAL TH
. . .... . ...
SERVICES :.:-::.:.......... fn
, ~:::: ::. :::: :: i)
By: .>::>-:>:::::::: ;;:Z
(Signam.e o'f.pefsOR 'atltiionzed 10 sign contracts)
Bob Burnette, Director
Procurement and Contractinl! Services Division
(Name and Title)
Date:
DSHS Document No: 74600057412006
Cover Page 3
DOCUMENT NO. 7460005741-2006
ATTACHMENT NO. 01
PURCHASE ORDER NO. 0000302370
PERFORMING AGENCY: CORPUS CHRISTI-NUECES COUNTY PUBLIC HEALTH
DISTRICT (CITY)
RECENING AGENCY PROGRAM: INFECTIOUS DISEASE INTERVENTION AND
CONTROL BRANCH
TERM: January 01,2005 THRU: December 31,2005
SECTION I. SCOPE OF WORK:
PERFORMING AGENCY shall develop and provide: (I) basic services for tuberculosis (TB)
prevention and control, and (2) expanded outreach services to individuals of identified
populations who have TB or who are at high risk of developing TB throughout PERFORMING
AGENCY'S defined services area.
PERFORMING AGENCY shall comply with all applicable federal and state laws, rules,
regulations, standards, and guidelines in effect on the beginning date of this contract Attachment
unless amended. All documents referenced herein are incorporated by reference and made a part
of this contract Attachment. PERFORMING AGENCY shall perform the following activities:
Provide basic services and expanded outreach services in compliance with RECEIVING
AGENCY Program's most .current version of the Standards of Performance and the following
series of American Thoracic Society (ATS) and Centers for Disease Control and Prevention
(CDC) "Joint Statements" on diagnosis, treatment and control of TB.
I. Diagnostic Standards and Classification of Tuberculosis in Adults and Children,
(American Review Respiratory Disease, Vol. 161, pp. 1376-1395,2000);
2. Treatment of Tuberculosis, (ATS/CDCIIDSA), 2003. Publication can be located at web
site www.cdc.gov/nchstolbt/oubs/mmwrhtuml/maiguide.htm
3. Targeted Tuberculin Testing and Treatment of Latent TB Infection, MMWR, Vol. 49,
No. RR-6, 2000;
4. Updated: Adverse Event Data and Revised American Thoracic Society/CDC
Recommendations Against the Use 0 Rifampin and Pyrazinamide for Treatment of Latent
Tuberculosis Infection - United States, 2003, MMWR 52 (No. 31); and
5. Control for Tuberculosis (American Review Respiratory Disease, Vol. 146, pp. 1623-33,
1992).
PERFORMING AGENCY shall comply with the following:
ATTACHMENT - Page I
I. Texas Tuberculosis Code, Health and Safety Code, Chapter 13, Subchapter B;
2. Communicable Disease Prevention and Control Act, Health and Safety Code, Chapter 81;
3. Screening and Treatment for Tuberculosis in Jails and Other Correctional Facilities,
Health and Safety Code, Chapter 89;
4. Control of Communicable Diseases, Texas Administrative Code, Title 25, Part I, Chapter
97, Subchapter A:
5. Tuberculosis Screening for Jails and Other Correctional Facilities, Texas Administrative
Code, Title 25, Part I, Chapter 97, Subchapter H; and
6. RECEIVING AGENCY'S Standards for Public Health Clinic Services, Revised January
1,2004.
PERFORMING AGENCY shall perform all activities in accordance with PERFORMING
AGENCY'S objectives, work plans, and detailed budget as approved by RECEIVING AGENCY
Program. All of the above named documents are incorporated herein by reference and made a
part of this contract Attachment. RECEIVING AGENCY Program must approve, in writing, any
revisions to these documents.
Within thirty (30) days of receipt of an amended standard(s) or guideline(s), PERFORMING
AGENCY shall inform RECEIVING AGENCY Program, in writing, if it will not continue
performance under this contract Attachment in compliance with the amended standard(s) or
guideline(s). RECEIVING AGENCY may terminate the contract Attachment immediately or
within a reasonable period-of-time as determined by RECEIVING AGENCY.
RECEIVING AGENCY reserves the right, where allowed by legal authority, to redirect funds in
the event of financial shortfalls. RECEIVING AGENCY Program will monitor PERFORMING
AGENCY'S expenditures on a quarterly basis. If expenditures are below that projected in
PERFORMING AGENCY'S total contract amount, as shown in SECTION m. BUDGET,
PERFORMING AGENCY'S budget may be subject to a decrease for the remainder of the
Attachment term. Vacant positions existing after ninety (90) days may result in a decrease in
funds.
PERFORMING AGENCY'S approved service delivery plan shall meet or exceed RECEIVING
AGENCY Program's Standard of Performance.
PERFORMING AGENCY shall provide a narrative report on their performance goals,
objectives, and screening activities semi-annually in a format provided by RECEIVING
AGENCY Program. The narrative reports shall be sent electronically or mailed to the
Department of State Health Services, Attention: Infectious Disease Control Unit, 1100 West 49th
Street, Austin, Texas 787576-3199. Report periods and due dates are as follows:
PERIOD COVERED
Januar - June
Jul - December
DUE DATE
Jul 31,2005
Januar 31,2006
A IT ACHMENT - Page 2
RECEIVING AGENCY Program shall provide administrative and technical assistance for the
implementation and operation of the service delivery plan.
PERFORMANCE MEASURES:
The following outcome performance measures will be used to assess, in part, PERFORMING
AGENCY'S effectiveness in providing the services described in this contract Attachment,
without waiving the enforceability of any of the other terms of the contract.
I. 90% of eligible TB cases complete a course of curative TB treatment within twelve (12)
months of initiation of treatment;
2. 92% of TB patients with initial positive cultures tested for and have drug susceptibility
results documented in their medical record:
3. 90% of smear positive TB cases reported in 2005 have at least one (I) contact identified;
4. 70% of identified contacts to smear positive TB cases reported in 2005 shall be evaluated
for TB infection or disease:
5. 61% of infected contacts (to smear positive cases reported in 2005) who are started on
treatment for LTBI shall complete therapy:
6. The rate for U.S. born African Americans will not exceed fifteen (15) TB cases per
100,000 population in PERFORMING AGENCY'S defined service area; and
7. Required variables reported on TB-400A, TB-400B, TB-340, and TB-341 forms shall be
95% complete at time of initial report and time of closure report.
PERFORMING AGENCY shall collect and maintain documentation of clinical and
epidemiological information related to TB cases, suspects, contacts, and persons with latent TB
infection that is used by RECEIVING AGENCY to calculate outcome performance measures.
PERFORMING AGENCY shall submit RECEIVING AGENCY Program's reporting forms for
TB cases, suspects, contacts, and persons with latent TB infection on the timelines stated in
SECTION II. SPECIAL PROVISIONS below and in RECEIVING AGENCY Program's most
current version of the Standards of Performance. PERFORMING AGENCY shall provide
additional information about TB cases, suspects, contacts, and persons with latent TB infection
upon request of RECEIVING AGENCY through limited scope audits or inspections and
scheduled program reviews of PERFORMING AGENCY.
RECEIVING AGENCY Program shall calculate performance measures based on the information
maintained in databases kept at RECEIVING AGENCY Program, through limited scope audits,
or inspections and scheduled program reviews of PERFORMING AGENCY.
PERFORMING AGENCY shall provide services to clients who live or receive services in the
following county(ies)/area: Nueces.
SECTION II. SPECIAL PROVISIONS:
A IT ACHMENT - Page 3
General Provisions, Reports Article, is revised to include the following:
PERFORMING AGENCY shall develop and submit a service delivery plan and detailed
budget justification for continuation of this contract Attachment during the next fiscal year.
The plan and budget shall be prepared in the format approved by RECEIVING AGENCY
Program; one (I) copy shall be submitted to RECEIVING AGENCY Program, and one (1)
copy shall be submitted to the Regional Director, no later than 120 days prior to the end of
this contract Attachment term. The plan shall describe PERFORMING AGENCY'S service
delivery and activities toward meeting the objectives outlined in SECTION I. SCOPE OF
WORK above, including updated outcome performance measure targets and detailed line
item budget justifications.
PERFORMING AGENCY shall mail all initial reports of confirmed TB cases, and suspected
TB cases to RECEIVING AGENCY Program within fifteen (15) working days of
identification or notification. Any updates to initial RECEIVING AGENCY'S Report of
Cases and Patient Services Form (TB400) (e.g., diagnosis, medication changes, x-rays, and
bacteriology) and case closures shall be mailed to RECEIVING AGENCY Program.
PERFORMING AGENCY shall mail reports of contacts on all Class 3 TB cases and smear
positive Class 5 TB suspects within thirty (30) days of identification using RECEIVING
AGENCY'S Report of Contacts Form (TB340). All subsequent reports of contacts shall be
mailed as contacts are identified. Refer to the latest edition of Standards of Performance for
information on reporting intervals.
General Provisions, Terms and Conditions of Payment Article, is revised to include the
following:
Funding from this Attachment shall not be used to supplant (i.e., used in place of funds
dedicated, appropriated or expended for activities funded through this contract Attachment)
state or local funds, but PERFORMING AGENCY shall use such funds to increase state or
local funds currently available for a particular activity. PERFORMING AGENCY shall
maintain local funding at a sufficient level to support the local program. If the total cost of
the project is greater than RECEIVING AGENCY Program's share set out in SECTION III.
BUDGET, PERFORMING AGENCY shall obtain funds for the remaining costs in order to
accomplish the objectives set forth in this contract Attachment.
A IT ACHMENT - Page 4
SECTION III. BUDGET:
PERSONNEL
FRINGE BENEFITS
TRAVEL
EQUIPMENT
SUPPLIES
CONTRACTUAL
OTHER
$79,942.00
26,533.00
0.00
0.00
0.00
0.00
3,051.00
TOTAL
$109,526.00
Total reimbursements will not exceed $109,526.00.
Financial status reports are due the 30th of April, 30th of July, 30th of October, and the 30th of
March.
ATTACHMENT - Page 5
..
CERTIFICATION REGARDING LOBBYING
CERTIFICA TION FOR CONTRACTS. GRANTS.
LOANS AND COOPERATIVE AGREEMENTS
The undersigned certifies, to the best of his or her knowledge and belief that:
(1)
No federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or an
employee of any agency, a member of Congress in cO,nnection with the awarding of any
federal contract, the making of any federal grant, the making of any federal loan, the
entering into of any cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any federal contract, grant, loan, or cooperative
agreement.
(2)
If any funds other than federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any
agency, a member of Congress, an officer or employee of Congress, or an
employee of a member of Congress in connection with this federal contract, grant,
loan, or cooperative agreement, the undersigned shall complete and submit Standard
Form-Ill, "Disclosure Form to Report Lobbying," in accordance with it's
instructions.
(3)
The undersigned shall require that the language of this certification be included in the
award documents for all subawards at all tiers (including subcontracts, subgrants,
and contracts under grants, loans and cooperative agreements) and that all
sub recipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when
this transaction was made or entered into. Submission of this certification is a prerequisite
for making or entering into this transaction impos~ by Section 1352, Title 31, U.S. Code.
Any person who fails to file the required certification shall be subject to a civil penalty of not
less than $10,000 and not more than $100,000 for each such failure.
Signature
Date
Print Name of Authorized Individual
7460005741 2006-01
Application or Contract Number
CORPUS CHRISTI-NUECES COUNTY PUBLIC HEALTH DISTRICT (CITY)
Organization Name and Address
1702 HORNE ROAD
CORPUS CHRISTI, TX 78469-0000
A RESOLUTION
AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ACCEPT
A GRANT FROM THE TEXAS DEPARTMENT OF STATE HEALTH
SERVICES IN THE AMOUNT OF $109,526 FOR THE ELIMINATION
AND CONTROL OF TUBERCULOSIS IN NUECES COUNTY.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS, THAT:
SECTION 1. The City Manager or his designee is authorized to accept a grant from the
Texas Department of State Health Services in the amount of $109,526 for the
elimination and control of tuberculosis in Nueces County.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Samuel L. Neal, Jr.
Mayor
APPROVED: December 6, 2004
H:\LEG-DIR\elizabethIDept FileslEH ResolutionslEHres147.doc
Corpus Christi, Texas
,2004
The above resolution was passed by the following vote:
Samuel L. Neal, Jr.
Brent Chesney
Javier D. Colmenero
Melody Cooper
Henry Garrett
Bill Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
H:\LEG-DIRlelizabethIDept FileslEH ResolulionslEHres147.doc
AN ORDINANCE
APPROPRIATING A GRANT FROM THE TEXAS DEPARTMENT OF
STATE HEALTH SERVICES IN THE AMOUNT OF $109,526 IN THE
NO. 1066 HEALTH GRANTS FUND FOR THE ELIMINATION AND
CONTROL OF TUBERCULOSIS IN NUECES COUNTY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS, THAT:
SECTION 1. A grant from the Texas Department of State Health Services, in the
amount of $109,526, is appropriated in the NO.1 066 Health Grants Fund for the
elimination and control of tuberculosis in Nueces County.
SECTION 2. Upon the 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
,2004.
ATTEST:
CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Samuel L. Neal, Jr.
Mayor
APPROVED: December 6, 2004
Eliza
Assis nt City Attorney
for the City Attorney
HIlEG.DIR\elizabethlDept FileslEH OrdinanceslEHord 159.doc
Corpus Christi, Texas
day of
,2004
TO THE MEMBERS OF THE CITY COUNCIL:
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance, an emer-
gency exists requiring suspension of the Charter rule as to consideration and voting
upon ordinances at two regular meetings: Ilwe, 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
Melody Cooper
Henry Garrett
Bill Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
HIlEG-DIR\elizabethlDept FileslEH OrdlnanceslEHord159.doc
15
AGENDA MEMORANDUM
City Council Action Date: December 14. 2004
AGENDA ITEM:
Item A: A resolution authorizing the City Manager or his designee to accept an
additional Title V grant from the Texas Department of State Health Services (DSHS)
in the amount of $162,305 for maternal-child health services.
Item B: An ordinance appropriating an additional grant from the Texas Department of
State Health Services (DSHS) in the amount of $162,305 in the No. 1066 health grants
fund for maternal-child health services; and declaring an emergency.
ISSUE: The Health District is in receipt of Attachment # 02A to Contract #7460005741 A-
2005 Change No.4, with the DSHS. The contract provides the Health District with an
additional $162,305 in financial assistance for matemal-child health services.
REQUIRED COUNCIL ACTION: Approval of the contract attachment and appropriation of
funds.
PREVIOUS COUNCIL ACTION: City Council approved and appropriated $28,391 forthe
Title V maternal-child health services.
FUNDING: There is no match funding required.
CONCLUSION AND RECOMMENDATION: Recommend City Council to approve the
contract attachment and appropriate funding for continuation of public health services.
~ Y?~,/M~
(Department Head Signature)
BACKGROUND INFORMATION
This item reflects an increase in the funding awarded for the Title V-Fee for
Service grant that has been provided to the Health District from the Department
of State Health Services for many years. The purpose of this funding is to
provide low income women access to medical care during pregnancy, and to
provide medical services to uninsured children. This grant provides assistance
to a total of approximately 810 clients per year. It requires no matching funds.
~
DEPARTMENT OF STATE HEALTH SERVICES
1100 WEST 49TH STREET
AUSTIN, TEXAS 78756-3199
STATE OF TEXAS
COUNTY OF TRAVIS
DSHS Document No. 7460005741A2005
Contract Change Notice No. 04
The Department of State Health Services, hereinafter referred to as RECEIVING AGENCY, did heretofore enter into a contract in
writing with CORPUS CHRISTI.NUECES COUNTY PUBLIC HEALTH DISTRICT (CITY) hereinafter referred to as
PERPORMING AGENCY. The parties thereto now desire to amend such contract allachment(s) as follows:
SUMMARY OF TRANSACTION: ATT NO. 02A CHS - FEE FOR SERVICE
Revised Contract Total: 162,305.00
All terms and conditions not herebv amended remain in full force and effect.
EXECUTED IN DUPLICATE ORIGINALS ON THE DATES SHOWN.
CORPUS CHRISTI (CITY OF)
Authorized Contracting Entity (type above if different
from PERFORMING AGENCY) for and in behalf of:
PERFORMING AGENCY: RECEIVING AGENCY:
CORPUS CHRISTI-NUECES COUNTY PUBLIC DEPARTMENT OF STATE HEALTH SERVICES
HEALTH DISTRICT (CITY)
By: By:
(Signature of person autlDrized to sign) (Signature of person autlx>rized to sign)
Bob Burnette, Director
Procurement and Contracting Services Division
(Name and Title) (Name and Title)
Date: Date:
RECOMMENDED:
By:
(PERFORMING AGENCY Director, if different
from person authorized to sign contract)
KR PCSD - Rev. 6/04
Cover Page 1
DETAILS OF ATTACHMENTS
All! DSHS Program ID/ Term Financial Assistance Direct Total Amount
Amd DSHS Purchase Assistance (DSHS Share)
No. Order Number Begin End Source of Amount
Funds"
01 SEAFOOD 09/01/04 08/31/05 State 22,500.00 0.00 22,500.00
C038580000
02A CHS/FEE 09/01/04 08/31/05 State 93.994 162,305.00 0.00 162,305.00
C038877000
03A ACFH/FEE-FP 09/01/04 08/31/05 State 93.994 306,274.00 0.00 306,274.00
04 BWH/TTLXX 09/01/04 08/31/05 93.667 291,750.00 0.00 291,750.00
DSHS Document No.7460005741A2oo5 Totals $782,829.00 $ 0.00 $782,829.00
Cban.Ae No. 04
"Federal funds are indicated by a number from the Cata1<ll of Federal Domestic Assistance (CFDA), if applicable. REFER TO
BUDGET SECTION OF ANY ZERO AMOUNT ATTACHMENT FOR DETAILS.
Cover Page 2
CERTIFICATION REGARDING LOBBYING
CERTIFICATION FOR CONTRACTS. GRANTS.
LOANS AND COOPERATIVE AGREEMENTS
The undersigned certifies, to the best of his or her knowledge and belief that:
(1) No federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or an
employee of any agency, a member of Congress in co.nnection with the awarding of any
federal contract, the making of any federal grant, the making of any federal loan, the
entering into of any cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any federal contract, grant, loan, or cooperative
agreement.
(2) If any funds other than federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any
agency, a member of Congress, an officer or employee of Congress, or an
employee of a member of Congress in connection with this federal contract, grant,
loan, or cooperative agreement, the undersigned shall complete and submit Standard
Form-Ill, "Disclosure Form to Report Lobbying," in accordance with it's
instructions.
The undersigned shall require that the language of this certification be included in the
award documents for all subawards at all tiers (including subcontracts, subgrants,
and contracts under grants, loans and cooperative agreements) and that all
subrecipients shall certify and disclose accordingly.
(3)
This certification is a material representation of fact upon which reliance was placed when
this transaction was made or entered into. Submission ~r t is certification is a prerequisite
for making or entering into this transaction impos~ b . on 1352, Title 31, U.S. Code.
Any person who fails to file the required certiP.~~~'".b a bject to a civil penalty of not
less than $10,000 and not more than $IO~':~7:.'" reo
Signature '. :.:.::.::::.:.::'-//:' : : . Date
'.
Print Name of Authorized Individual
7460005741A 2005-02
Application or Contract Number
CORPUS CHRISTI-NUECES COUNTY PUBLIC HEALTH DISTRICT (CITY)
Organization Name and Address
1702 HORNE ROAD
CORPUS CHRISTI, TX 78469-0000
A RESOLUTION
AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ACCEPT
AN ADDITIONAL TITLE V GRANT FROM THE TEXAS DEPARTMENT
OF STATE HEALTH SERVICES IN THE AMOUNT OF $162,305 FOR
MATERNAL-CHILD HEALTH SERVICES.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS, THAT:
SECTION 1. The City Manager or his designee is authorized to accept an additional
Title V grant from the Texas Department of State Health Services in the amount of
$162,305 for maternal-child health services.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Samuel L. Neal, Jr.
Mayor
APPROVED: December 6, 2004
H:IlEG-DIRlelizabethlDept FileslEH ResolutionslEHres 148.doc
Corpus Christi, Texas
,2004
The above resolution was passed by the following vote:
Samuel L. Neal, Jr.
Brent Chesney
Javier D. Colmenero
Melody Cooper
Henry Garrett
Bill Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
HIlEG-DIR\elizabethIDept FileslEH ResolutionslEHres148.doc
AN ORDINANCE
APPROPRIATING AN ADDITIONAL GRANT FROM THE TEXAS
DEPARTMENT OF STATE HEALTH SERVICES IN THE AMOUNT
OF $162,305 IN THE NO. 1066 HEALTH GRANTS FUND FOR
MATERNAL-CHILD HEALTH SERVICES; AND DECLARING AN
EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS, THAT:
SECTION 1. An additional grant from the Texas Department of State Health
Services, in the amount of $162,305, is appropriated in the No. 1066 Health Grants
Fund for maternal-child health services.
SECTION 2. Upon the 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
,2004.
ATTEST:
CITY OF CORPUS CHRISTI
Samuel L. Neal, Jr.
Mayor
Armando Chapa
City Secretary
APPROVED: December 6, 2004
H:IlEG-DIRlelizabethIDept FileslEH OrdinanceslEHord157.doc
Corpus Christi, Texas
day of
,2004
TO THE MEMBERS OF THE CITY COUNCIL:
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance, an emer-
gency exists requiring suspension of the Charter rule as to consideration and voting
upon ordinances at two regular meetings: Ilwe, 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
Melody Cooper
Henry Garrett
Bill Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
H:IlEG-DIR\elizabethIDepl FileslEH OrdinanceslEHord157.doc
16
CITY COUNCIL
AGENDA MEMORANDUM
AGENDA ITEM:
(A) Motion adopting the timetable for the FY2005 Consolidated Annual Action Plan that is
the planning and application process for the Community Development Block Grant
(CDBG), HOME Investment Partnerships (HOME) and Emergency Shelter Grants (ESG)
programs.
(B) Amending Council Policy No.9, entitled Community Development Block Grant Program,
by revising the title and language to include the HOME Program; adding language
relating to the disposition of program income; and reaffirming the objectives and
guidelines of the policy
REQUIRED COUNCIL ACTION: Adopting the timetable for the FY2005 Consolidated
Annual Action Plan and reaffirming the amended Council policy NO.9 to include the HOME
Program, adding language relating to the disposition of program income, and reaffirming the
objectives and guidelines of the policy.
RECOMMENDATION: Staff recommends adoption of the timetable for the FY2005
Consolidated Annual Action Plan process and amendment to Council Policy NO.9 to include
the HOME Program, adding language relating to the disposition of program income, and
reaffirming the objectives and guidelines of the policy.
IMPLEMENTATION SCHEDULE: FY2005 Consolidated Annual Action Plan Timetable
l:;g~~~
NSD Acting Director
ADDITIONAL SUPPORT MATERIAL
Background Information PI:
FY2005 Schedule P{
CDBG Guidelines P{
AGENDA MEMORANDUM
BACKGROUND INFORMATION
a. Each year the City Council approves the upcoming Community Planning and Development
(CPD) Grant Programs planning and an implementation calendar. The FY05 Consolidated
Annual Action Plan is the application for funding under the CPD formula grant programs
administered through the U.S. Housing and Urban Development (HUD) that include the
Community Development Block Grant (CDBG), HOME Investment Partnerships (HOME),
and Emergency Shelter Grants (ESG). The FY05 Consolidated Annual Action Plan will
embark the 3rd year of the five-year Consolidated Plan.
The proposed schedule enclosed as Attachment "A" provides a comprehensive list of
activities. Key dates are:
February 11, 2005
March 16, 2005
April 19, 2005
June 14, 2005
- Request for Proposals due for the CDBG, ESG and HOME Programs
- Planning Commission Public Hearing
- City Council Public Hearing
- Action Plan submission to HUD
As in the past, neighborhood, nonprofit and focus group meetings will be conducted in
January and February. Meeting notices and requests for proposals will be published and
mailed to interested organizations. Information will be forwarded to the local media to
increase citizen participation. The adopted schedule will be also be added to the City's
Internet Home Page.
b. Over the 30 years of the CDBG Program, the City Council has gradually developed concise
set of City Council policies for the CDBG Program. In March 1994, these policies were
formally codified into the policies and general rules and procedures of the City Council.
Each year at the beginning of the CDBG Program staff brings these policies back to the City
Council for reaffirmation for their continued use. Staff believes that these policies require
updating while allowing for flexibility for programs that have served the Council and the City
extremely well over the years.
Staff recommends amending Council Policy NO.9 to include the HOME Program, adding
language relating to the disposition of program income, and reaffirming the objectives and
guidelines of the policy as shown in Exhibit B. "
ATTACHMENT "A"
NIEGHBORHOOD SERVICES DEPARTMENT
COMMUNITY PLANNING & DEVELOPMENT (CPD) PROGRAMMING
FY2005 CONSOLIDATED ANNUAL ACTION PLAN (CAAP) SCHEDULE
January & February
Preliminary Planning/ Neighborhood/Agency Presentations
January 2
Publish Neighborhood/Agency Mtgs/FY2005 Request for Proposals
February 11
Proposals Due
February 17
Submit publication notice of Planning Commission/City Council
Public Hearings on the Proposed FY2005 CAAP & Program
Information, i.e., funds to be received, program income, activities to
be undertaken and estimated amount of benefit to low moderate
income persons, to Caller-Times.
February 20
Publication of Planning Commission/City Council Public Hearing
on the Proposed FY2005 CAAP.
March 4
Forward Materials to Planning Commission
March 16
Planning Commission - Public Hearing on Proposed FY2005
CAAP (special meeting)
March 23
Planning Commission - Adoption of Final Recommendation
March 27
Publication - FY2005 CAAP Summary and notice of City Council
Public Hearing
April 19
City Council Public Hearing - Proposed FY2005 CAAP (Staff &
Planning Commission Recommendations) Projects and facilities
adopted tentatively by Council.
April 26
City Council Adoption - FY2005 CAAP
April 28
Submit Final FY2005 CAAP Summary & Proposed Use to Caller-
Times
May 1
Publication of Final FY2005 CAAP Summary
May 2
30 day Citizen's Comment Period begins
May 4
Notify Council of Governments (COG) of FY2005 CDBG Projects
(Executive Order 12372 Requirement)
May 31
End of Citizen's Comment Period for the FY2005 CAAP
June 14
Submit FY2005 CAAP to HUD (Due by June 16)
June 17
HUD 15 day comment period - Notice of Finding of No Significant
Impact and Notice of Intent to Request a Release of Funds
ATTACHMENT "B"
RESOLUTION - MARCH 22, 1994
021901*
Reaffirmed on December 10.2002
COMMUNITY DEVELOPMENT BLOCK GRANT & HOME PROGRAMS
Through the Community Development Block Grant Program, the City Council
provides for the development and preservation of a viable urban community, a
suitable living environment, decent housing and expanded economic opportunities,
principally for persons of low and moderate income, and aids in the prevention or
elimination of slums and blight. The City carries out its objectives by providing for
appropriate streets and drainage, housing, reaeational opportunities, neighborhood
preservation, and revitalization, and economic development as needed. To ensure
that these objectives are achieved, the following guidelines shall be as follows:
a. No Community Development Block Grant Funds be authorized to
applicant agencies for the support of operating expenses.
b. No capital grants will be made without sufficient evidence of the
financial capacity of the applying agency to operate the program.
c. Priority will be given to those applying agencies that make substantial
new capital contributions to the project for which they are seeking
funds.
d. Housing shall be maintained as the top priority for the CDBG program
as well as placing greater emphasis on public infrastructure (City) in
CDBG eligible tracts.
e. No individuallv funded CDBG oroiect will be eliaible for future CDBG
funding for a minimum of two vears from the date of its last fundina.
(This excludes oroiects which are soecfficallv staaed for several vears
of CDBG fundina such as a street project which has its enaineerina
funded one vear and its construction the next.l
e. Program Income generated from the CDBG Housing Program is a
revolving fund and will be applied towards the Single Family
Rehabilitation and Reconstruction Loan Program. Program Income
generated from the HOME Program will be applied towards
maintaining or creating affordable housing in our community.
. Adopting Policies and General Rules and Procedures of the City Council
A RESOLUTION
AMENDING COUNCIL POLICY NO.9, ENTITLED COMMUNITY
DEVELOPMENT BLOCK GRANT PROGRAM, BY REVISING THE
TITLE AND LANGUAGE TO INCLUDE THE HOME PROGRAM;
ADDING LANGUAGE RELATING TO THE DISPOSITION OF
PROGRAM INCOME; AND REAFFIRMING THE OBJECTIVES AND
GUIDELINES OF THE POLICY.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS, THAT:
SECTION 1. The City Council hereby amends Council Policy No.9, adopted by
Resolution No. 21901 on March 22, 1994, by revising the title and the language of the
policy to include the HOME Program, a program funded by the U. S. Department of
Housing and Urban Development, and add language relating to the disposition of
programmatic income to read as follows:
"9. COMMUNITY DEVELOPMENT BLOCK GRANT & HOME PROGRAMS
"Through the Community Development Block Grant Pregram and HOME ProQrams, the
City Council provides for the development and preservation of a viable urban
community, a suitable living environment, decent housing and expanded economic
opportunities, principally for persons of low and moderate income, and aids in the
prevention or elimination of slums and blight. The City carries out its objectives by
providing for appropriate streets and drainage, housing, recreational opportunities,
neighborhood preservation, and revitalization, and economic development as needed.
To ensure that these objectives are achieved, the following guidelines shall be as
follows:
"a. No Community Development Block Grant Funds will be authorized to
applicant agencies for the support of operating expenses.
"b. No capital grants will be made without sufficient evidence of the financial
capacity of the applying agency to operate the program.
"c. Priority will be given to those applying agencies that make substantial new
capital contributions to the project for which they are seeking funds.
"d. Housing shall be maintained as the top priority for the CDBG program as
well as placing greater emphasis on public infrastructure (City) in CDBG
eligible tracts.
"e. No individually funded CDBG project will be eligible for future CDBG
funding for a minimum of two years from the date of its last funding. (This
excludes projects which are speCifically staged for several years of CDBG
funding such as a street project which has its engineering funded one year
and its construction the next.)
H:IlEG-DIR\elizabethlDept FileslEH ResolutionslEHres149.doc
"f. Procram income cenerated from the CDBG Housina Procram is a
revolvina fund and will be applied toward the Sinole Family Rehabilitation
and Reconstruction Loan Prooram. Prooram income cenerated from the
HOME Prooram will be applied towards maintaininc or creatino affordable
housinc in the communitv."
SECTION 2. The City Council hereby reaffirms its commitment to the objectives and
guidelines contained in Council Policy No.9, as amended by this resolution.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Samuel L Neal, Jr.
Mayor
APPROVED: December 9, 2004
H:IlEG-DIR\elizabethIDept FileslEH ResolutionslEHres149.doc
Corpus Christi, Texas
,2004
The above resolution was passed by the following vote:
Samuel L. Neal, Jr.
Brent Chesney
Javier D. Colmenero
Melody Cooper
Henry Garrett
Bill Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
H:\lEG-DIRlelizabethIDept FileslEH ResolutionslEHres149.doc
17
AGENDA MEMORANDUM
Date: December 14,2004
SUBJECT: Anita Neyland Trust
AGENDA ITEM:
Resolution authorizing the City Manager or his designee to accept a cash distribution from the
Anita Neyland Trust, established under the W. T. Neyland Last Will and Testament, on behalf of
the City library. The Library is the beneficiary of25% of the Trust. The estimated distribution
may be in excess of $500,000.
ISSUE:
Last year Wells Fargo Private Client Services notified the library director that the Library is
named as a beneficiary in the Anita Neyland Trust, established under the Last Will and
Testamenl of W. T. Neyland. Mr. Neyland, a long time library supporter, died in 1985. Upon
the death of Mrs. Neyland the Library and one other organization, the First Presbyterian Church,
will each receive 25% of the Anita Neyland Trusl. Mrs. Neyland, who was a life member of the
Friends of the Corpus Christi Public Libraries and major donor to library projects, died on
October 28, 2004.
The total market value of the Trust as of November 17,2004 was nearly $2.5 million. The
library's 25% share will depend on the proceeds from the sale of assets and distribution of
accrued income to the estate of Anita Neyland. The final amount may be in excess of $500,000.
The Trust includes securities, ranch property and oil and gas interests. Distribution will occur
upon the sale of assets
RECOMMENDED COUNCIL ACTION:
Staff recommends acceptance of the distribution in the form of cash and not in the form of
securities.
#d ~t
Herb Canales
Director of Libraries
RESOLUTION
AUTHORIZING THE CITY MANAGER OR DESIGNEE TO ACCEPT A
CASH DISTRIBUTION FROM THE ANITA NEYLAND TRUST,
ESTABLISHED UNDER THE W.T. NEYLAND LAST WILL AND
TESTAMENT, ON BEHALF OF THE CITY OF CORPUS CHRISTI
LIBRARY. THE LIBRARY IS THE BENEFICIARY OF 25% OF THE
TRUST.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS;
SECTION 1. That the City Manager or designee is authorized to accept a cash
distribution from the Anita Neyland Trust ("Neyland Trust"), established under the W.T.
Neyland Last Will and Testament of W.T. Neyland, on behalf of the City of Corpus
Christi Library. The City Library is the beneficiary of 25% of the Neyland Trust.
ATTEST:
THE CITY OF CORPUS CHRISTI
Samuel L. Neal, Jr.
Mayor
Armando Chapa
City Secretary
Approved: December 14, 2004
t~V\~O~
Veroniea Ocanas
Assistant City Attorney
for City Attorney
Corpus Christi, Texas
Day of , 20_
The above resolution was passed by the following vote:
Samuel L. Neal, Jr.
Brent Chesney
Javier D. Colmenero
Melody Cooper
Henry Garrett
Bill Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
18
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: December 14,2004
Item A: Motion authorizing the City Manager, or his designee, to accept a grant in the
amount of $749,201 from the Area Agency on Aging of the Coastal Bend for the FY 2004
Senior Community Services, Elderly Nutrition Program in the No. 1067 Park and
Recreation Grants Fund; and declaring an emergency.
Item B: Ordinance appropriating a grant in the amount of $749,201 from the Area Agency
on Aging of the Coastal Bend for the FY 2004 Senior Community Services, Elderly
Nutrition Program in the NO.1 067 Park and Recreation Grants Fund; and declaring an
emergency.
Item C: Motion authorizing the City Manager, or his designee, to accept a contract from the
Area Agency on Aging of the Coastal Bend for the continuation of the FY 2005 Elderly
Nutrition Program.
ISSUE:
A Request for Proposal is submitted on an annual basis for the continuation of the Elderly
Nutrition Program. The City of Corpus Christi, Park and Recreation Department, Senior
Community Services Division provides congregate meals, home delivered meals, and
benefits counseling services for citizens sixty years of age and older. Funding for these
programs is provided through federal and state grants which must be formally accepted
and appropriated each year. The 2004 program grant period is for October 1, 2003
through September 30, 2004. Periodic funding was granted throughout the year via
continuing resolutions. Appropriation of funds are submitted for approval upon receipt of
the final Notification of Funds received in September 2004 from the Area Agency on Aging
of the Coastal Bend as authorized by Council.
The Notification of Intent to Contract for the FY 2005 grant period was received and
Council approval is required for the continuation of the Senior Community Services, Elderly
Nutrition Program from October 1, 2004 through September 30, 2005.
The City of Corpus Christi, Park and Recreation Department, Senior Community Services
Division provides congregate meals, home delivered meals, and benefits counseling
services for citizens sixty years of age and older.
REQUIRED COUNCIL ACTION: City Council action is required to authorize the
acceptance of this grant and receive funds from the Area Agency on Aging of the Coastal
Bend for the FY 2004 Senior Community Services, Elderly Nutrition Program.
City Council action is also required to approve the continuation of the Senior
Community Services, Elderly Nutrition Program as outlined in the Notice of Intent to
Contract for FY '05.
PREVIOUS COUNCIL ACTION: On March 30, 2004, the Council approved a motion to
accept the Notification of I ntent to Contract from the Area Agency on Aging of the Coastal
Bend and appropriate private funding for the continuation of the FY '04 Senior Community
Services, Elderly Nutrition Program.
FUNDING: City matching funds were approved in the FY 2004 and FY 2005 City Budget.
CONCLUSION AND RECOMMENDATION: City Council authorization is requested to
authorize the acceptance of a grant and appropriate funds for the FY 2004 Senior
Community Services, Elderly Nutrition Program.
City Council authorization is also requested to authorize the acceptance ofthe Notification
of Intent to Contract from the Area Agency on Aging of the Coastal Bend for the
continuation of the FY 2005 Senior Community Services, Elderly Nutrition Program.
Sally Gall ,Director of
Park & R creation Department
BACKGROUND INFORMATION
The City receives grant funding for the Senior Community Services Program through
federal and state grants that must be appropriated each year. These projects include the
Retired Senior Volunteer Program, Senior Companion Program, and the Elderly Nutrition
Program.
The Elderly Nutrition Program coordinates the congregate and home delivered meals
operations to provide a fully prepared, well-balanced meal to senior center members and
homebound and/or disabled persons throughout the City. The meals are prepared in the
Nutrition Education and Service Center located at the Del Mar College West Campus. Last
fiscal yearwe served 150,269 congregate meals, 9,206 home delivered meals and 853.75
hours of Benefits Counseling service units.
Senior center operations offer a comprehensive lifestyle enhancement component which
includes assessment; recreationlleisure activities; health and wellness programs; nutrition
education; advocacy; health education; community education; referrals; emergency
transportation and escort; special interest classes and special events.
Page 1 of 2
ORDINANCE
APPROPRIATING A GRANT IN THE AMOUNT OF $749,201 FROM
THE AREA AGENCY ON AGING OF THE COASTAL BEND FOR THE
FISCAL YEAR 2004, SENIOR COMMUNITY SERVICES, ELDERLY
NUTRITION PROGRAM IN THE NO. 1067 PARK AND RECREATION
GRANTS FUND; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That a grant from the Area Agency on Aging of the Coastal Bend in the
amount of $749,201 is appropriated in the No. 1067 Park and Recreation grants fund for
the Fiscal Year 2004, Senior Community Services, Elderly Nutrition Program.
SECTION 2. That upon written request of the Mayor or five Council members, copy
attached, the City Council (1) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and (2) suspends the Charter rule that requires consideration of and voting upon
ordinances at two regular meetings so that this ordinance is passed and takes effect
upon first reading as an emergency measure this the _day of , 2004.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Samuel L. Neal, Jr.
Mayor
Approved 6 December 2004
~
J - -
~~.~
Chief, Administrative Law Section
Senior Assistant City Attorney
For City Attorney
H:\lEG.OIR\OIgaR\Doyle\Ordlnances\120604DC,Grant.Area.Agency.Aging.CoastaIBend.SrComm.Elderly.NutriProg.2004.doc
Page 2 of 2
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: I/we, therefore, request that you
suspend said Charter rule and pass this ordinance finally on the date it is introduced, or
at the present meeting of the City Council.
Respectfully,
Respectfully,
Samuel L. Neal, Jr., Mayor
City of Corpus Christi
Council Members
The above ordinance was passed by the following vote:
Samuel L. Neal, Jr.
Bill Kelly
Brent Chesney
Rex A. Kinnison
Javier D. Colmenero
Jesse Noyola
Melody Cooper
Mark Scott
Henry Garrett
H:IlEG-DIRlDoyJeD.CurtlSIMYDOCS\2003.0410RD2003.0410rdlnanc.eslAppro,,"...el 120604OC.GranI.Aree.Agency.Aging.Co.stal.Bend.SrComm.Elderly.Nu.rProg.2004.0rd.doc
19
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: 12-14-04
AGENDA ITEM: Ordinance appropriating a $7,500 sub-contract grant from the Chamber
of Commerce Foundation in the NO.1 067 Park and Rec. Grants fund for the funding of data
collection and analysis activities at the Juvenile Assessment Center.
ISSUE: In order to further develop and maintain the accountability-based sanction of court-
ordered case management for municipal-level juvenile offenders, the Juvenile Assessment
Center needs assistance with data collection and analysis.
REQUIRED COUNCIL ACTION: Council action is required to authorize the City Manager
or his designee to appropriate these funds.
PREVIOUS COUNCIL ACTION: Council appropriated the funds for FY 2004.
FUNDING: This is money from the Chamber of Commerce Foundation.
CONCLUSION AND RECOMMENDATION: Staff recommends that the Council pass an
ordinance authorizing the City Manager or his designee to appropriate funds from the
Chamber of Commerce Foundation.
ik, Director
Recreation Department
Attachments: "Exhibit A" - Background Information
"Exhibit B" - Conlracl wilh Chamber of Commerce Foundation
BACKGROUND INFORMATION
The Chamber of Commerce Foundation has received a Juvenile Accountability Block
Grant, part of which is for the purpose of assisting the Juvenile Assessment Center in the
development of accountability-based sanctions for at-risk youth. The City of Corpus Christi
has therefore entered into a contract with the Chamber of Commerce Foundation to
enhance data collection and analysis at the Center with $7,500 of this grant.
This money for data collection is what enables us to provide the community with reports
like the Juvenile Assessment Center FY 2004 Annual Report, which contains the
information needed for community planning for youth across this community and to
upgrade our data collection systems.
Consultant & Professional Services Contract
(Contract between Grantee and Third Party)
GRANT NUMBER: JB-03-J20-160S0-04
GRANTEE: Corpus Christi Chamber
of Commerce Foundation
TITLE: Comprehensive Strategy
Development Program
GRANT PERIOD: 08/0112004-07/31/2005
PROGRAM FUND: JB-Juvenile Accountability Block Grant
POSITION TITLE: N/A (Professional Contract)
SERVICE PROVIDER:
City of Corpus Christi
I. This contract is by and between Corpus Christi Chamber of Commerce Foundation, Corpus
Christi, Texas, GRANTEE AGENCY and the City of Corpus Christi, SERVICE
PROVIDER and in aid of cm Graht No. JB-03-J20-16050-04. It is understood by all
parties that payment obligations created by this contract are conditioned upon the availability
of State or Federal funds appropriated or allocated for the payment of such obligations. The
term of this contract shall commence on August I, 2004, and shall end on July 31, 2005,
unless extended or terminated as otherwise provided for in this contract.
2. The GRANTEE AGENCY is responsible for closely monitoring the SERVICE
PROVIDER and the exercise of reasonable care to enforce all terms and conditions of the
grant. SERVICE PROVIDER agrees to fully cooperate in the monitoring process.
3. Requirements of the Uniform Grant Management Standards (UGMS) promulgated pursuant
to Section 783, of the Government Code are adopted by reference as part of this contract,
including the contract provision as in Section 36, Common Rule of OMB, of the above
standards. The GRANTEE AGENCY SHALL: (Check one)
~ keep all project records, except those related to the services to be provided by the
SERVICE PROVIDER.
assist the SERVICE PROVIDER to establish a set of records that comply with
the requirements of the grant and periodically inspect such records to ensure that
they are proper! y kept.
Records shall be retained for at least THREE (3) YEARS
following the closure of the most recent audit report and
until any outstanding litigation, audit or claim has been
resolved. Records are subject to inspection by CJD, or any
state or federal agency authorized to inspect the same.
4. The SERVICE PROVIDER will furnish the following: (Describe in detail)
Page 1 of3
SERVICE PROVIDER agrees to provide the following services in connection with said
grant:
~ Providing assistance to the Juvenile Assessment Center in developing and administering
accountability-based sanclions for juvenile offenders with municipal-level violations.
~ Providing networking opportunities 10 develop and administer accountabilily-based
sanctions for juvenile offenders through the coordination of community plans.
5. Payment for the above will not exceed $7,500.
6. Billing for the above will be provided in the same manner as it would be provided to
inslitutional purchasers in the absence of a grant and shall consist of a brief statement of the
service or other item provided and the basis for the billing rate.
7. In the event of a default of the SERVICE PROVIDER, the GRANTEE AGENCY may
cancel or suspend the contract and the SERVICE PROVIDER shall be entitled to recover
for all services provided or materials delivered prior to the cancellation date (or unused
materials may be returned) or shall repay any funds advanced for services not yet rendered.
8. All licenses, legal certifications, or inspections required for the services, facilities,
equipment, or materials, and all applicable state and federal laws and local ordinances must
be complied with by the SERVICE PROVIDER. Failure to comply with this requirement
shall be treated as a default.
9. This contract shall automatically terminate on the grant expiration date or any extension date
thereof granted by CJD or upon termination of the underlying grant by CJD. All services
billed hereunder must be rendered within the grant period.
10. If GRANTEE AGENCY fails to pay when due any of the payments required herein, the
SERVICE PROVIDER shall be immediately and automatically released of any obligations
u der this contract.
Sig of Authol'ized Official
\<.:: / Zt", / UV4-
I I
Date
Date
~ -29 -0+
William Richmond. President
Name & Title (please print or type)
SalIv Gavlik. Director. Parks & Recreation
Name & Title (please print or type)
Corpus Christi Chamber of Commerce
Foundation
Name of Grantee Agency
City of Corpus Christi
Name oj Service Provider
1201 N. Shoreline Boulevard
P.O. Box 9277
Page 2 of 3
Address (street or post office box)
Address (,treet or post office box)
Corpus Christi. Texas 78401
City. State, Zip
Corpus Christi. Texas 78469-9277
City, State, Zip
}gJ-881-1800
Telephone # (include area code)
361-880-3461
Telephone # (include area code)
Page 3 of 3
Page 1 of 2
ORDINANCE
APPROPRIATING A $7,500 SUB-CONTRACT GRANT FROM THE
CHAMBER OF COMMERCE FOUNDATION IN THE NO. 1067 PARK
AND REC. GRANTS FUND FOR DATA COLLECTION AND ANALYSIS
ACTIVITIES AT THE JUVENILE ASSESSMENT CENTER; AND
DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That a $7,500 sub-contract grant from the Chamber of Commerce
Foundation in the No. 1067 Park and Rec. Grants fund is appropriated for data
collection and analysis activities at the Juvenile Assessment Center.
SECTION 2. That upon written request of the Mayor or five Council members, copy
attached, the City Council (1) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and (2) suspends the Charter rule that requires consideration of and voting upon
ordinances at two regular meetings so that this ordinance is passed and takes effect
upon first reading as an emergency measure this the _day of , 2004.
ATTEST
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Samuel L. Neal, Jr.
Mayor
Approved: 9 November 2004
~
Doyle Curtis
Chief, Administrative Law Section
Senior Assistant City Attorney
For City Attorney
H:\LEG-OIR\DoyleD. Curtis\MYDOCS\2003.Q4\ORD2003.1 OO\Ordinanc,es\Appropri.ate\ 11 0904DC. Grant.Chamber.CommFoun,dation.For Juv.AssCnter. Ord,doc
Page 2 of 2
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
City of Corpus Christi
Council Members
The above ordinance was passed by the following vote:
Samuel L. Neal, Jr.
Bill Kelly
Brent Chesney
Rex A. Kinnison
Javier D. Colmenero
Jesse Noyola
Melody Cooper
Mark Scott
Henry Garrett
H:\LEG-DIR\DoyleD.Curtis\MYDOCS\2003.04\OR02003.100\Ordinanc.es\Appropri.ate\ 11 0904DC. Grant.Chamber.CommFoun.dation.ForJuv.AssCnter.Ord.doc
20
AGENDA MEMORANDUM
Date: November 30, 2004
SUBJECT: Corpus Christi Air Quality Research Projects
Environmental Programs
AGENDA ITEM: Resolution authorizing the City Manager or City Manager's designee
to execute an Interlocal Cooperation Agreement with Texas A&M University-Kingsville
in the amount of $450,000 for an air quality research and planning program, which
includes air quality monitoring and modeling projects, and development of an emissions
inventory for the Nueces and San Patricio Counties area.
ISSUE: The City of Corpus Christi has entered into a contract for a $884,600 grant
from the Texas Commission on Environmental Quality (TCEQ) for the purpose of
conducting air quality research, planning, and educational outreach in Nueces and San
Patricio Counties for FY 2004/2005. Texas A&M University-Kingsville (TAMU-K) is
seeking a subcontract to perform certain specified portions of the project work plan.
FUNDING: The TCEQ provided the City of Corpus Christi with a grant in the amount of
$884,600 to fund air quality research and small business assistance projects in Nueces
and San Patricio Counties during the state FY 2004-2005, which has been
appropriated into the No. 1071 Community Enrichment Grants Fund (Ord. No. 025437).
RECOMMENDATION: Staff recommends approval of the resolution as presented.
c. fe4itIJ~
C. Kim McGuire
Director, Office of Environmental
Programs
Attachments:
1. Summary of T AMU-K Contract
2. Summary of prior Council Action
BACKGROUND INFORMATION
Subject: Corpus Christi Ozone Near Non-Attainment Area Research Study
Project Description: The TCEQ continues to provide grant funding to Texas cities
nearing non-attainment of the National Ambient Air Quality Standards (NMQS). The
City is acting as the prime contractor with TCEQ and subcontracting the research
portion of the work to Texas A&M University-Kingsville (TAMU-K).
TAMU-K is contracting with the City of Corpus Christi for the air quality research work,
which is a continuing activity. The research includes monitoring for ozone, ozone
precursors and particulate matter; enhancing an emissions inventory of ozone
precursors; and photochemical modeling of ozone formation in the region.
The TCEQ is funding these programs in Corpus Christi and other Texas cities close to
exceeding the ozone standard with Appropriation Rider 8 to the FY 2004/2005 TNRCC
Budget.
The region is close to violating the National Ambient Air Quality Standard (NMQS) for
ozone and must comply with new standards for fine particulates. The research work
currently underway and funded through these contracts will identify emissions sources
and the atmospheric photochemical processes leading to ozone formation in the area.
Modeling will be used to identify reduction strategies appropriate for the area based on
good science. The program began in FlY 1996-1997 under a similar Appropriations
Rider (Rider 26) and execution of a Flexible Attainment Region Agreement between the
U.S. Environmental Protection Agency (EPA), TCEQ, and the City. The program
continued through 1998/1999 with Appropriations Rider 17 funding and for FY
2000/2001 and 200212003 is from TCEQ Appropriations Rider 13 for those periods.
Should the area be designated as non-attainment, the sanctions imposed by EPA will
be very detrimental to future area economic development. It could also jeopardize
highway funds until EPA approves prescribed planning for regaining attainment status.
Prior Council Action: Similar project funding grants from TCEQ have been used in
prior years to carry out the necessary research and outreach activities, which have
been instrumental in maintaining our attainment status to date. Previous Council
Action is summarized in Attachment 2. Council authorized execution of TCEQ Contract
No. 582-4-64576 for $884,600 and appropriated those funds (Ord. No. 025437,
September 2,2003). A work plan detailing the project work to be conducted with the
subject funds was developed and has been accepted by the TCEQ. It is included as an
attachment to the university agreement.
Future Council Action: Approval of contracts for $25,000 or more for FY2004-2005
Appropriations Rider Fund project work, which may be developed during the life of the
contract.
Attachment 1
SUMMARY
INTERLOCAL COOPERATION AGREEMENT BETWEEN
CITY OF CORPUS CHRISTI AND TEXAS A&M UNIVERSITY - KINGSVILLE
FOR AIR QUALITY RESEARCH AND PLANNING PROGRAM
(CORPUS CHRISTI OZONE NEAR NON-ATTAINMENT AREA RESEARCH STUDY)
Subcontract Provision - Texas A&M University-Kingsville (TAMU-K) will conduct air
quality monitoring, continue the refinement of an emissions inventory, perform
photochemical modeling of ozone formation, and produce an analysis of the results in
Nueces and San Patricio Counties.
Responsibilities of Subcontractor - TAMU-K, as subcontractor, will provide the City
of Corpus Christi with the following deliverables:
. Monthly status report for each project outlined in the work plan;
· Final report on ambient air monitoring due August 31,2005;
· Final report on air quality data analysis due August 31,2005;
· Interim emissions inventory report due February 28, 2003 and final report due
August 31, 2003; and
· Interim modeling report due June 1, 2005, and final report due August 31, 2005.
The due dates for the required reports are subject to change based on contract
extensions granted by TCEQ to the grant contract with the City.
Payment - Payment to TAMUK will be monthly on a cost reimbursement basis.
TAMUK will document costs as required by TCEQ.
Term - The contract terminates on August 31,2005 unless the Texas Legislature
provides TCEQ the authority to carry forward money into the FY 2006-2007 biennium.
Attachment 2
SUMMARY
PRIOR COUNCIL ACTION
1. February 10. 1998 - Ord. No. 023208 authorizing the City Manager, or his
designee, to execute a Rider 17 Interlocal Contract with the TNRCC in the
amount of $283,750 for Air Quality Planning Activities in Nueces and San
Patricio Counties.
2. April 28. 1998 - Ord. No. 023298 appropriating $283,750 in the No. 1050
Federal/State Grants Fund for Air Quality Planning activities in Nueces and San
Patricio Counties.
3. April 28. 1998 - Ord. No. 023299 authorizing the City Manager, or his designee,
to execute an Interlocal Agreement with TAMU-CC in the amount of $70,000 for
air quality planning activities in Nueces and San Patricio Counties.
4. Mav 11. 1999 - Ord. No. 023634 appropriating $167,000 in supplemental
funding from TNRCC to continue research and outreach activities through
TAMU-CC and TAMU-K to address issues related to attainment with the federal
ozone and particulate standards.
5. March 28. 2000 - Ord. No. 023989 appropriating $30,000 of Appropriation Rider
13 (2000-2001) grant funds from TNRCC for work plan development of air
quality research and planning projects and motions authorizing the City to
execute contracts with TAMU-CC and TAMU-K to produce those work plans.
6. Auaust 22.2000 - Ord. No. 024170 appropriating $465,075 of Appropriation Rider
13 (2000-2001) grant funds from TNRCC to continue air quality research and
planning projects, and motions authorizing the City to execute contracts with TAMU-
CC and T AMU-K addressing issues related to attainment of the federal ozone and
particulate standards.
7. Julv 17. 2001 - Ord. No. 024498 appropriating $161,000 in additional Rider 13
(2000-2001) funding for FY 2000/2001 for continuation of the air quality research
and planning projects underway with TAMU-CC and TAMU-K, and extending the
contract period to August 31, 2002.
8. Auaust 21. 2001 - Ord. No. 024538 appropriating $884,600 in Rider 13 (2002-
2003) funding from TNRCC for FY 2002/2003 for continuation of the air quality
research and planning projects and resolutions authorizing the City to execute
contracts with TAMU-CC and TAMU-K to carry out the workplans.
9. September 2. 2003 - Ord. No. 025437 appropriating $884,600 in Rider 8 funding
in the NO.1 071, Community Enrichment Grants Fund, from TCEQ for
continuation of the air quality and planning projects.
RESOLUTION
AUTHORIZING THE CITY MANAGER OR THE CITY MANAGER'S
DESIGNEE TO EXECUTE AN INTERLOCAL COOPERATION
AGREEMENT WITH TEXAS A & M UNIVERSITY -- KINGSVILLE IN
THE AMOUNT OF $450,000 FOR AN AIR QUALITY RESEARCH AND
PLANNING PROGRAM, WHICH INCLUDES AIR QUALITY
MONITORING AND MODELING PROJECTS, AND DEVELOPMENT OF
AN EMISSIONS INVENTORY FOR THE NUECES AND SAN PATRICIO
COUNTIES AREA
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. The City Manager or the City Manager's designee is authorized to execute
an interlocal cooperation agreement with Texas A & M University -- Kingsville in the
amount of $450,000 for an air quality research and planning program, which includes air
quality monitoring and modeling projects, and development of an emissions inventory
for the Nueces and San Patricio Counties area.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED: 3RD day of December, 2004.
Samuel L. Neal, Jr.
Mayor
R. Jay Reining
First Assistant City Attorney
For City Attorney
R43232A1
Corpus Christi, Texas
of ,2004
The above resolution was passed by the following vote:
Samuel L. Neal, Jr.
Brent Chesney
Javier D. Colmenero
Melody Cooper
Henry Garrett
Bill Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
R43232A 1
2
21
CITY COUNCIL
AGENDA MEMORANDUM
December 14, 2004
AGENDA ITEM: Resolution recognizing the public necessity of acquiring drainage
easements for the Mary Carroll Channel Widening - Rodd Field Road to Oso Creek,
Project #2047, for drainage purposes in connection with said project; and authorizing
acquisition by means of negotiations or eminent domain proceedings by the City of Corpus
Christi in acquiring the easements.
ISSUE: Negotiations are underway for acquisition of drainage easements necessary for
this drainage project. This resolution proclaims a public necessity for the easements and
authorizes the City of Corpus Christi or its agents to proceed with condemnation where
negotiations have reached an impasse.
FUNDING: No funding is necessary at this time.
RECOMMENDATION: Approval of the resolution as presented.
~,j~ (L!q/CJ'/
,
fO"l'Angel R. Escobar, P. E.
Director of Engineering Services
Attachments:
Exhibit A.
Exhibit B.
Exhibit C.
Exhibit D.
Background Information
Location Map
Parcel Identification
Resolution
H:IHOMEIEU5EBIOGIGENlAgenda ItemslMary Carroll DitchlAgenda Memorandum.doc
BACKGROUND INFORMATION
SUBJECT: Mary Carroll Channel Widening - Rodd Field Rd. to Oso Creek
Resolution for Acquisition of Easements
PRIOR COUNCIL ACTION:
1. Februarv 9. 1999 - Motion authorizing the City Manager of his designee to execute
a contract for engineering services with J.R. Thompson Engineering, for a total fee
not to exceed $405,500 for the Glen Arbor and Crossgate Subdivision Drainage
Improvements, Mary Carroll Channel Widening-Rodd Field Rd. to Oso Creek,
Drainage System Water Quality Improvements, and Sanitary Sewer Installations in
Developed Areas: Bass Subdivision. (Motion No. M99-040)
2. Julv 27. 2004 - Motion authorizing the City Manager, or his designee, to award a
construction contract to Garrett Construction of Ingleside Texas in the amount of
$129,721.50 for the Mary Carroll Channel Improvements, Phase 1. (Motion No.
M2004-289)
FUTURE COUNCIL ACTION: Council will be required to:
1. authorize contracts and expenditure of funds from the Stormwater Capital
Improvements Fund which exceed $25,000; and
2. authorize the payment of any upcoming Special Commissioners' Awards due to
condemnation proceedings.
OVERVIEW:
Backaround: The Mary Carroll Channel is the major drainage outfall for a large portion of
the newly developed areas within the south side of Corpus Christi. Continued development
within the drainage basin has increased the flows through this channel, which overload the
drainage way. Four phases of work are planned to help improve the channel drainage.
One of the phases involves widening the channel from Rodd Field Rd. to the Southfork
Subdivision. Acquisition of five new drainage easements is necessary in order to widen
this section of channel from 100 feet to 150 feet wide. City Land Acquisition staff has
initiated negotiations with the five landowners for the required drainage right-of-way.
Eminent Domain procedure: The City's standard procedure is to obtain City Council
approval to resort to eminent domain each time negotiations reach an impasse with a
landowner. Past projects required numerous council requests for condemnation. This
method of individual resolutions required added staff time and produced similar agenda
items for Council. This agenda item proposes that Council provide a blanket approval for
eminent domain proceedings at the beginning of a project and in advance of any proposed
condemnation efforts. Negotiators will still make every effort to resolve acquisition through
good faith negotiations. Due to the critical nature of this drainage project and project
scheduling, approval of this resolution is sought. The resolution proclaims a public
necessity for the easements and authorizes the City of Corpus Christi or its agents to
proceed with condemnation where negotiations have reached an impasse.
EXHIBIT A
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EXHIBIT B
CITY PROJECT No. 2047
CITY Of CORPUS CHRISTI, TEXAS
CITY COUNCIL EXHIBIT
DEPAFmIOO Of ENGINEERING SERVICES
PAGE: 1 of 1
CMTE: 12-07-2004
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MARY CARROLL CHANNEL WIDENING
ROOD FIELD TO 050 CREEK
Mary Carroll Channel Widening - Rodd Field Rd. to Oso Creek
Project No. 2047
Parcel Identification List
Parcel NCAD ill NO. CURRENT OWNER
1 7455-0017-0010 Rodgers F. Estes Estate, Rodgers Paxton Estes, Co-
Executor, Delma Lorraine Estes Estate, Monte Lentz
Estes, Co-Executor
2 7455-0017-0040 William Edward Burdette
3 7455-0017-0085 Seaside Cemetery, Inc.
4 2476-0027-0173 Seaside Cemetery, Inc.
5 2476-0027-0180 Herbert Fondren, et ux
\\CLSTRl USERS2 SERVER\USERS2\HOMEIEUSEBI0G\GENIA end. ItemslM. Carroll Ditch\Parcel Identification List.doc
g ry
EXHffiIT C
RESOLUTION
R~COGNIZING THE PUBLIC NECESSITY OF ACQUIRING
DRAINAGE EASEMENTS FOR THE MARY CARROLL
CHANNEL WIDENING- RODD FIELD ROAD TO OSO CREEK,
PROJECT #2047, FOR DRAINAGE PURPOSES IN
CONNECTION WITH SAID PROJECT, AND OTHER MUNICIPAL
PURPOSES; AND AUTHORIZING ACQUISITION BY MEANS OF
NEGOTIATIONS OR EMINENT DOMAIN PROCEEDINGS BY
THE CITY OF CORPUS CHRISTI IN ACQUIRING THE
EASEMENTS.
WHEREAS, the City of Corpus Christi ("City") has implemented a drainage
improvement project, known as the Mary Carroll Channel Widening- Rodd Field
Road to Oso Creek Project, for drainage improvements that service the City.
WHEREAS, the project has entered into the acquisition phase.
WHEREAS, there is a public necessity for this project and for the acquisition of
property rights, consisting of drainage easements in parcels of land that will be
used for this project, as shown and described in Exhibit "A".
WHEREAS, the City is a municipal corporation and under Texas eminent domain
laws has the right to acquire easements in the parcels of land for the drainage
improvement project and for other municipal purposes.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF CORPUS CHRISTI, TEXAS:
SECTION 1. That the City Manager, City Attorney, and agents of the City, are
authorized to acquire, either by negotiated purchase or by condemnation
proceedings under Texas law, the drainage easements in the parcels of land
from the owners, as shown and described in Exhibit "A", for the Mary Carroll
Channel Widening- Rodd Field Road to Oso Creek Project for drainage
improvements, and for other municipal purposes.
SECTION 2. That public necessity requires the acquisition of property rights,
consisting of drainage easements in said parcels of land, save and except the
City seeks to acquire no oil, gas, and mineral rights.
SECTION 3. That the City Manager, City Attorney and agents of the City are
authorized and directed to take such action as in their judgment is necessary in
connection with the filing and handling of any condemnation case for the
acquisition of said easements.
RESQ-16
EXHIBIT D
"'-
SECTION 4. That this resolution shall take effect immediately from and after its
passage.
ATTEST:
CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Samuel L. Neal, Jr.
Mayor
Approved as to form on
,2004
By:
Joseph Harney
Assistant City Attorney
For City Attorney
j;sO-16
2
EXHIBIT D
day of , 2004.
The above resolution was passed by the following vote:
Samuel L. Neal, Jr.
Brent Chesney
Javier D. Colmenero
Melody Cooper
Henry Garrett
Bill Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
RESO-16
J
EXHIBIT D
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EXHIBIT A
CITY PROJECT No. 2047
CITY OF CORPUS CHRISn, 7EXAS
CITY COUNCIL EXHIBIT
OfPAR1MENT OF fNGlNffRlNG SElMCES
PAGE: 1 of 1
DATE: 12-07-2004
li
=-=
- -
-
MARY CARROLL CHANNEL WIDENING
ROOD FIELD TO 050 CREEK
Mary Carroll Channel Widening - Rodd Field Rd. to Oso Creek
Project No. 2047
Parcel Identification List
Parcel NCAD ID NO. CURRENT OWNER
I 7455-0017-0010 Rodgers F. Estes Estate, Rodgers Paxton Estes, Co-
Executor, Delma Lorraine Estes Estate, Monte Lentz
Estes, Co-Executor
2 7455-0017-0040 William Edward Burdette
3 7455-0017-0085 Seaside Cemetery, Inc.
4 2476-0027-0173 Seaside Cemetery, Inc.
5 2476-0027-0180 Herbert Fondren, et ux
\\CLSTRl_USERS2_SERVER\USERS2\HOME\EUSEBIOG\GEN\Agenda Items\Mary Carroll Ditch\Parcel IdentIfication L1St.doc
EXHIBIT A
22
CITY COUNCIL
AGENDA MEMORANDUM
CITY COUNCIL ACTION DATE: December 14, 2004
SUBJECT: McKinzie Road Utility Relocation (Project No. 6239)
AMENDMENT NO.1
AGENDA ITEM: Motion authorizing the City Manager or his designee to execute
Amendment No. 1 to the Contract for Professional Services with Maverick Engineering Inc.
in the amount of $44,573 for a total restated fee of $69,549 for the McKinzie Road Utility
Relocation Project.
ISSUE: The State of Texas, acting through the Texas Department of Transportation, is
preparing the second phase of the McKinzie Road widening project (FM 3386) from Haven
Road to the south City limits line. The city's participation includes providing the needed
right-of-way and providing for all utility adjustment costs or relocations.
FUNDING: Funding is available from the FY 2003-2004 Water and Wastewater Capital
Improvement Budgets.
RECOMMENDATION: Staff recommends approval of the motion as presented.
~:...-... l!JHof
Eduardo Garana, P.E.
Director of Water Services
I
te~ 4/~~
~ I R. Escobar, P. E.
irector of Engineering Services
~:"~~/;2-9-OY
Foster Crowell
Director of Wastewater Department
Additional Support Material:
Exhibit "A" Background Information
Exhibit "B" Contract Summary
Exhibit "C" Location Map
H:~EN\8trMa:18239'1Agenda Mem:l.OOC
BACKGROUND INFORMATION
SUBJECT: McKinzie Road Utility Relocation (Project No. 6239)
PRIQR COUNCIL ACTION:
1. Auaust 25. 1992 - City Council Resolution accepting the provIsions of Texas
Transportation Commission Minute Order 101085 pertaining to the construction of
street improvements on McKinzie Road and Violet Road. (Resolution No. 021461)
2. June 8. 1993 - Motion authorizing the acquisition of Parcels 2, 2b, and 6 located at the
intersection of McKinzie Road and Leopard Street, and McKinzie Road and Up River
Road from Charter Bank Northwest for $72,000 in connection with the McKinzie Road
Street Improvements Project. (Motion No. M93-176)
3. September 28. 1993 - Ordinance authorizing the City Manager or his designee to
execute an escrow agreement in the amount of $1,232,379.56 with the Texas
Department of Transportation (TXDOT) for the City's estimated share of construction
costs associated with the improvements to McKinzie Road from Haven Drive to
McKinzie Lane (entrance to Castle River Subdivision). (Ordinance No. 021761)
4. November 16. 2004 - Motion authorizing the City Manager or his designee to execute
an Advance Funding Agreement with the Texas Department of Transportation (TXDOT)
in the amount of $0 for the McKinzie Road Widening Project. (Motion No. 2004-426)
PRIOR ADMINISTRATIVE ACTION:
1. October 26. 2004 - Administrative approval of a small agreement for architecVengineer
consultant services with Maverick Engineering Inc. in the amount of $24,976 for hydro-
excavation for the McKinzie Road Utility Relocation Project.
PROJECT BACKGROUND: On June 22, 1992, the Texas Transportation Commission's
Minute Order No.1 01 085 designated the extension of McKinzie Road from 2.6 miles south
of IH-37 to IH-37 as part of the State Highway System as Farm to Market Road 3386.
Phase 1 of the McKinzie Road improvements was completed in June 1996. The scope of
work for Phase 2 (which will also be overseen by the Texas Department of Transportation
(TXDOT) consists of the construction of two 12-foot travel lanes with 10-foot shoulders.
The City's participation in the McKinzie Road widening project consists of providing the
necessary right-of-way and any utility adjustments or relocations.
PROJECT DESCRIPTION: The project consists of developing a plan and profile for
approximately 5,760 linear feet of 8" PVC sanitary sewer force main to replace the existing
line which currently runs adjacent to the existing roadway shoulder. The project also
involves developing a plan and profile for approximately 600 linear feet of 12" PVC potable
water line. Both of the new utility lines will be located outside of the proposed roadway
section. The project limits are along McKinzie Road from Haven Road to the Equistar plant
entrance.
COt{TRACT SUMMARY/FEE: A contract summary and summary of fees is attached as
Exhibit "B."
H:\HOME'fW:tIeIle\GEN\StfMt$'B239\Agenda BllckQfOUncI.doc
EXHIBIT "A"
Paae 1 of 1
CONTRACT SUMMARY - AMENDMENT NO.1
MCKINZIE ROAD UTILITY RELOCATION
(Project No. 6239)
1 . SCOPE OF PROJECT
The project consists of developing a plan and profile for approximately 5,760
linear feet of 8" PVC sanitary sewer force main to replace the existing line which
currently runs adjacent to the existing roadway shoulder. The project also involves
developing a plan and profile for approximately 600 linear feet of 12" PVC potable
water line. Both of the new utility lines will be located outside of the proposed
roadway section. The project limits are along McKinzie Road from Haven Road to
the Equistar plant entrance.
2. SCOPE OF SERVICES
The Engineer hereby agrees, at its own expense, to perform design services
necessary to review and prepare plans, specifications, and bid and contract
documents. In addition, Engineer will provide monthly status updates (project
progress or delays, gantt charts presented with monthly invoices) and provide
contract administration services to complete the Project. Work will not begin on
Additional Services until requested by the Engineer (provide breakdown of costs,
schedules), and written authorization is provided by the Director of Engineering
Services.
3. PROJECT SCHEDULE
DAY DATE ACTIVITY
Friday December 17, 2004 Begin Design Phase
Friday January 7,2005 60% Submittal
Friday January 14, 2005 City Review
Friday February 4, 2005 100% Submittal
Friday February 11 , 2005 City Review
Friday February 18, 2005 Final Submittal
Monday (2) February 28, 2005 Advertise for Bids
Tuesday March 15,2005 Pre-Bid Conference
Wednesday March 23, 2005 Receive Bids
Wednesday May 4, 2005 Pre-Construction Conference (10
days to start construction)
Weekday TBD Construction Completion
EXHIBIT "B"
Page 1 012
H:\HDME\RtIcheIle\GEN\StreetsIS239'oContract SunTnI.ry.doc
4. FEE
ORIGINAl
CONTRACT AMD. NO.1 TOTAl
BASIC SERVICES
Preliminary Phase (Hydro-
1 Excavation) $24,976 $0 $24 976
2 Design Phase 0 27,383 27 383
3 Bid Phase 0 3,578 3,578
4 Construction Phase 0 13612 13612
Sub-Total Basic Services 24 976 44,573 69 549
I
ADDITIONAL SERVICES (TBDl 0 0 0
Sub-Total Additional Services 0 0 0
I
TOTAL AUTHORIZED FEE $24,976 $44,573 $69.549
EXHIBIT "B"
Page 2 of 2
H:IitOME'i\achelIe\GEN\Streets\6239\Contract Surrmary.doc
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CITY PROJECT No. 6239
EXHIBIT "C"
CITY OF CORPUS CHRIST/, TEXAS
CITY COUNCIL EXHIBIT
DE:PARTMENT OF E:NGINE:E:RING SE:RVlCE:S
PAGE: 1 of 1
DATE: 12 04 2004
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McKINZIE ROAD UTILITY RELOCA TION
23
CITY COUNCIL
AGENDA MEMORANDUM
DATE: December 14, 2004
SUBJECT: Marina Development Project - Peoples Street T-Head [Floating Docks "E", "F", "G", Commercial
Dock] and Boater's Facility/Restroom
(Project No. 3280)
AGENDA ITEM:
A. Resolution expressing official intent to reimburse costs of the Marina Improvement Project.
B. Ordinance appropriating $450,998 from the Marina Fund No. 4700 Unreserved Fund Balance for the Marina
Development Project - Peoples Street T-Head [Floating Docks "E", "F", "G", Commercial Dock] and
Boater's Facility/Restroom; amending Operating Budget adopted by Ordinance No. 025878; and declaring
an emergency.
C. Motion authorizing the City Manager, or his designee, to execute a Contract For Professional Services with
Shiner, Moseley & Associates, Inc. in the amount of $405,130 for the Marina Development Project _
Peoples Street T-Head [Floating Docks "E", "F", "G", Commercial Dock] and Boater's Facility/Restroom.
D. Motion authorizing the City Manager, or his designee, to execute a Contract For Construction Materials
Engineering Laboratory's Inspection and Materials Testing Services with Fugro Consultants, LP in the
amount of $45,868 for the Marina Development Project - Peoples Street T -Head [Floating Docks "E", "F",
"G", Commercial Dock] and Boater's Facility/Restroom.
ISSUE: This project proposes to add one hundred eighteen (118) new boat slips to be located on the new floating
Docks "E", "F", "G" and include a new Commercial Dock and new Boater's Facility/Restroom. All improvements will
be constructed on the Peoples Street T-Head located at the Corpus Christi Municipal Marina.
The City intends to issue City of Corpus Christi, Texas Certificates of Obligation in Spring 2005 to fund certain
Marina Development Projects. In order to adhere to the time schedules to insure timely completion of the projects,
the City expects to pay expenditures in connection with the design, planning, and or construction of the projects
prior to the issuance of these obligations. Approval of the reimbursement resolution is necessary in order to
proceed with the projects as scheduled.
The total fee of $405,130 for the Contract For Professional Services and the total fee of $45,868 for the Testing
Contract exceed the $25,000 contract limit; and require City Council approval.
FUNDING: Funding is available from the FY 2004-2005 Marina Operating Budget.
RECOMMENDATION: Staff recommends approval of the motion as presented.
r.
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el R. Escobar, P. E.,
irector of Engineering Services
Sally G lik, Director f
Parks a d Recreation Department
Additional SUDDort Material:
Exhibit "A" Background Information
Exhibit "B" Contract Summary
Exhibit "C" Location Map
H:\USERS2\HOME\VELMAP\GEN\PARK & REC\MARINA\3280\AE CONTRACTlAGENDA MEMO
BACKGROUND INFORMATION
SUBJECT: Marina Development Project - Peoples Street T-Head [Floating Docks
"E", "F", "G", Commercial Dock] and Boater's Facility/Restroom
(Project No. 3280)
PRIOR COUNCIL ACTION:
1. February 10. 2004 - Approval of the FY 2003-2004 Operating Budget (Ordinance
No. 025878).
2. Julv 27. 2004 - Resolution authorizing increased and new Park and Recreation
Marina Fees for Fiscal year 2004-05; providing effective date; and providing for
severance.
PRIOR ADMINISTRATIVE ACTION:
1. Auqust 20. 2004 - Distributed Request For Qualifications (RFQ) No. 2004-02
Corpus Christi Marina Development to 122 engineering firms (39 local and 83
out-of-town)
FUTURE COUNCIL ACTION:
1. Award of three (3) construction contracts to complete the project:
. Marina Boater's Facility Building
. Docks "E", "F", "G" and "H" (Floating Docks)
. Commercial Dock (Fixed Dock Base Bid with Floating Dock Additive
Alternate)
PROJECT BACKGROUND: The Park and Recreation Department, with the assistance
of the Engineering and Management and Budget Departments developed a proposed
plan for the construction of new boat slips on the Peoples Street T-Head. The monthly
slip rental fee increases listed as part of Resolution passed on July 27, 2004 for the
Pleasure Craft and commercial Craft was recommended to pay for the construction of
the recommended new boat slips on the Peoples Street T-Head.
The proposed development of the Peoples Street T-Head has six (6) different
construction components as listed below:
1 . Dock "E"
2. Dock "F"
3. Dock "G"
4. Dock "H"
5. Commercial Dock
6. Boater's Facility
EXHIBIT "A"
Pa e 1 of 2
H:IUSERS2\HOME\VELMAPIGENIPARK & RECIMAR1NA\3280\AE CONTRACT\AGENDA BACKGROUND
On August 20, 2004 Request For Qualifications (RFQ) No. 2004-02 Corpus Christi
Marina Development was distributed to 122 engineering firms (39 local and 83 out-of-
town). RFQ's were submitted on September 3,2004. Six firms submitted RFQ's:
1 . Galleon Engineering
2. Goldston Engineering, Inc.
3. Maverick Engineering, Inc.
4. Roots/Foster Associates, Inc.
5. RVE, Inc.
6. Shiner, Moseley & Associates, Inc.
All engineering firms were deemed competent and able to complete the project. The
major factors contributing to the recommendation of Shiner, Moseley & Associates, Inc.
are as follows:
1 . The ability to demonstrate and present a wide knowledge of applicable project
fundamentals.
2. The team's experience on similar projects; and a demonstration of a superior
approach to the project and understanding of project requirements.
3. The recommended team is well balanced to address the project requirements,
possesses good team compatibility, and substantial expertise.
PROPOSED CONTRACT: The proposed contract consists of Basic Services and
Additional Services for the Peoples Street T-Head [Floating Docks "E", "F", "G",
Commercial Dock] and Boater's Facility/Restroom as follows:
Basic Services:
1. Preliminary Phase
2. Design Phase
3. Bid Phase
4. Construction Phase
Additional Services
1. Permit Preparation
2. Topographic Survey
3. Construction Observation Services
4. Start-up Services
5. Warranty Phase
6. Floatable Debris Study
7. Dock "H" Floatable Dock Design Services
CONTRACT SUMMARY/FEE: A contract summary and summary of fees is attached as
Exhibit "B".
EXHIBIT "A"
Pa e 2 of 2
H:\USERS2\HOMEWElMAPIGENIPARK & REC\MARtNA\3280IAE CONTRACl\AGENDA BACKGROUND
CONTRACT SUMMARY
Marina Development Project
Peoples Street T-Head [Floating Docks "E", "F", "G", Commercial
Dock] and Boater's Facility/Restroom
(Project No. 3280)
1. SCOPE OF PROJECT
This project proposes to add one hundred eighteen (118) new boat slips to be located
on the new floating Docks "E", "F", "G", "H" and include a new Commercial Dock and
new Boater's Facility/Restroom. All improvements will be constructed on the Peoples
Street T-Head located at the Corpus Christi Municipal Marina.
2. SCOPE OF SERVICES
The Engineer hereby agrees, at its own expense, to perform design services necessary to
review and prepare plans, specifications, and bid and contract documents. In addition,
Engineer will provide monthly status updates (project progress or delays, gantt charts
presented with monthly invoices) and provide contract administration services to complete
the Project. Work will not begin on Additional Services until requested by the Engineer
(provide breakdown of costs, schedules), and written authorization is provided by the
Director of Engineering Services.
3. PROJECT SCHEDULE
Marina Boaters Facilitv
DAY DATE ACTIVITY
Wednesday 12/15/04 Begin Preliminary Phase
Wednesday 12/15/04 Begin Design Phase
Friday NA 60% Submittal - NOT REQD
Friday NA City Review
Wednesday 12/22/04 90% Submittal
Friday 01/07/05 City Review
Friday 01/21/05 Final Submittal
Monday (2) 01/24/05 Advertise for Bids
Wednesday 02/02/05 Pre-Bid Conference
Wednesday 02/16/05 Receive Bids
Monday 04/11/05 Begin Construction (-6 months)
Monday 10/24/05 Construction Completion
EXHIBIT "B"
Page 1 of3
H:\USERS2\HOME\VELMAP\GEN\PARK & REC\MARINA\32BO\AE CONTRACT\CQNTRACT SUMMARY
Commercial Dock (Fixed Dock Base with Floatina Add Alternate\
DAY DATE ACTIVITY
Wednesday 12/22/04 Begin Preliminary Phase
Monday 01/17/05 Begin Design Phase
Friday 03/25/05 60% Submittal
Friday 04/08/05 City Review
Friday 04/29/05 Final Submittal
Monday (2) 05/02/05 Advertise for Bids
Wednesday 05/11/05 Pre-Bid Conference
Wednesday 06/01/05 Receive Bids
Monday 08/01/05 Begin Construction (-4 months)
Friday 12/16/05 Construction Completion
Docks E F G H IFloatinn Docks\
DAY DATE ACTIVITY
Wednesday 12/22/04 Begin Preliminary Phase
Monday 01/17/05 Begin Design Phase
Friday 03/25/05 60% Submittal
Friday 04/08/05 City Review
Friday 06/10/05 Final Submittal
Monday (2) 06/13/05 Advertise for Bids
Wednesday 06/22/05 Pre-Bid Conference
Wednesday 07/13/05 Receive Bids
Monday 09/19/05 Begin Construction (-6 months)
Friday 03/17/06 Construction Completion
EXHIBIT "B"
Page 2 of 3 II
H:\USERS2\HOMEWELMAP\GEN\PARK & REC\MARINA\3280\AE CONTRACT\CONTRACT SUMMARY
4. SUMMARY OF FEES
Fee for Basic Services
1. Preliminary Phase $29,414
2. Design Phase 172,687
3. Bid Phase 14,521
4. Construction Phase 43,379
Subtotal Basic Services Fees 260,001
Fee for Additional Services (Allowance)
1. Permit Preparation (as applicable)
U.S. Army Corps of Engineers
Texas Department of License and Regulation
Total Permitting 6,282
2. Topographic Survey 2,932
3. Construction Observation Services 63,234
4. Start Up Services 6,508
5. Warranty Phase 5,384
6. Floatable Debris Study 14,525
7. Dock "H" Floatable Dock Design Services 46,264
Sub-Total Additional Services Fees Authorized 145,129
Total Authorized Fee $405,130
EXHIBIT "B"
Page 3 of 3
H:\USERS2\HOME\VELMAPIGENIPARK & REC\MAR1NA\3280\AE CONTRAcnCONTRACT SUMMARY
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EXHIBIT .C.
MARINA DEVELOPMENT PROJECT.PEOPLES STREET
T-HEAD (Floating Docks E, F, G, H,& Commercial
Dock) AND BOA TER'S FACILITY/RESTROOM
CITY OF CORPUS CHRISTI, TEXAS
CITY COUNCIL EXHIBIT
DEPARTMENT OF ENGINEERING SERVICES
PAGE: 1 of 1
DATE: 11 12 2004
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RESOLUTION EXPRESSING
OFFICIAL INTENT TO REIMBURSE
COSTS OF THE MARINA IMPROVEMENTS PROJECT
WHEREAS, the City of Corpus Christi, Texas (the "City") is a home-rule municipality and political
subdivision of the State of Texas;
WHEREAS, the City expects to pay expenditures in connection with the design, planning, acquisition
and construction of the projects described on Exhibit "A" hereto (collectively, the "Project") prior to
the issuance of obligations by the City;
WHEREAS, the City finds, considers, and declares that the reimbursement of the City for the
payment of such expenditures will be appropriate and consistent with the lawful objectives of the
City and, as such, chooses to declare its intention, in accordance with the provisions of Section 1.150-
2 of the Treasury Regulations, to be reimbursed by the Issuer for such payments at such time as the
Issuer issues obligations to finance the Project;
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI THAT:
Section I. The City reasonably expects that the Issuer will, on behalf of the City, incur debt, as one
or more series of obligations, with an aggregate maximum principal amount not to exceed $4,500,000
for the purpose of paying the aggregate costs of the Project.
Section 2. All costs to be reimbursed pursuant hereto will be capital expenditures. No tax-exempt
obligations will be issued by the Issuer on behalf of the City in furtherance of this Statement after a
date which is later than 18 months after the later of (1) the date the expenditures are paid or (2) the
date on which the property, with respect to which such expenditures were made, is placed in service.
Section 3. The foregoing notwithstanding, no tax-exempt obligation will be issued pursuant to this
Statement more than three years after the date any expenditure which is to be reimbursed is paid.
Section 4. This Resolution shall become effective upon its adoption.
PASSED AND APPROVED,
ATTEST:
THE CITY OF CORPUS CHRISTI
Annando Chapa
City Secretary
Samuel 1. Neal, Jr.
Mayor
APPROVED: December 9, 2004
'I
Lisa Aguilar
Assistant City ttorney
for City Attorney
By:
Exhibit "A"
The projects consist of constructing improvements at the Corpus Christi Marina, including Peoples
Street T-Head Floating Docks and Boater's FacilitylRestroom.
ORDINANCE
ORDINANCE APPROPRIATING $450,998 FROM THE MARINA
FUND NO. 4700 UNRESERVED FUND BALANCE FOR THE
MARINA DEVELOPMENT PROJECT - PEOPLES STREET T.
HEAD [FLOATING DOCKS "E", "F", "G", COMMERCIAL DOCK]
AND BOATER'S FACILITY/RESTROOM; AMENDING
OPERATING BUDGET ADOPTED BY ORDINANCE NO. 025878
BY INCREASING APPROPRIATIONS BY $450,998; AND
DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. That $450,998 is appropriated from the Marina Fund No. 4700
Unreserved Fund Balance for the Marina Development Project - Peoples Street
T-head [Floating Docks "E", "F", "G", Commercial Dock] and Boaters
Facility/Restroom.
SECTION 2. That Operating Budget adopted by Ordinance No. 025878 is
amended to increase appropriations by $450,998.
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 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 , 2004.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED: I~/ 0 Cj
Samuel L. Neal, Jr.
Mayor
,2004
, .
o n P. Burke, Jr.
sistant City Attorney
For City Attorney
JohnBurke\MarinaDevelopProject.lla
Corpus Christi, Texas
Day of
,2004
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, Mayor
City of Corpus Christi
Council Members
The above ordinance was passed by the following vote:
Samuel L. Neal, Jr.
Brent Chesney
Javier D. Colmenero
Melody Cooper
Henry Garrett
Bill Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
JohnBurke\MarinaDevelopProject.lla
24
AGENDA MEMORANDUM
Cltv Council Action Date: December 14. 2004
SUBJECT: Choke Canyon Dam Improvement Project - Amendment No.1
AGENDA ITEM:
A. Ordinance appropriating $314,450 from the unappropriated interest earnings from
Choke Canyon Fund 4050, Reserved for Choke Canyon Maintenance Account 251400;
transferring to and appropriating in Water CIP Fund 4080 for the Choke Canyon Dam
Improvement Project; amending capital budget adopted by Ordinance No. 025647, and ~
operating budget adopted by Ordinance No. 025878 by increasing appropriations by
$314,450 each; and declaring an emergency.
B. Motion authorizing the City Manager or his designee to execute Amendment No.1 to
the Contract for Professional Services with Freese & Nichols, Inc. of Austin, Texas in
the amount of $314,450 for a restated fee of $496,032 for the Choke Canyon Dam
Improvement Project.
ISSUE: The Choke Canyon Dam facility must be maintained according to specifications
established by the United States Bureau of Reclamation (US8R). As the owner of the dam,
the US8R inspects the structure for potential problems and necessary maintenance
requirements. This amendment to the existing contract with Freese & Nichols Inc. is
necessary to meet the USBR's maintenance requirements.
FUNDING: Funding for this project is available in the Choke Canyon Dam Maintenance
Reserve Fund.
RECOMMENDATION: Staff recommends approval of the items as presented.
r
)
I R. Escobar, P.E.
irector of Engineering Services
AddlJional SUDoort Material:
Exhibit "A" Background Information
Exhibit "8" Contract Summary
Exhibit .C-1" - Location map for Choke Canyon Dam
Exhibit .C-2" - Location of the repairs and improvements in plan view
Exhibit .C-3" - Identifies the repairs and improvements at the Outlet Works
t
H:~Ie\GEN\Wlller\Choke Canyon DarTt-B407-8408-8409-&411.8520-8521\Agend& Memo.doc
AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMATION
SUBJECT: Choke Canyon Dam Improvement Project - Amendment NO.1
PRIOR COUNCIL ACTION:
1. February 11. 2003 - Motion authorizing the City Manager, or his designee, to execute a
consultant contract with Freese and Nichols in the amount of $181 ,582 for the Choke
Canyon Dam Improvements as follows: River Outlet Works Repair (Project No. 8407);
Site Improvements-Trash Rack Repair (Project No. 8408) and High Level Alarm
(Project No. 8409); and Spillway Radial Gates Repair (Project No. 8411). (Motion No.
2003-055)
2. Februarv 10. 2004 - Approval of the FY 2003-2004 Capital Improvement Budget in the
amount of $173,624,300. (Ordinance No. 025647)
PBIQR ADMINISTRATIVE ACTION:
1. February 20. 2002 - Distribution of Request For Qualifications (RFQ) No. 2002-01
(Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering
firms (28 local and 14 out-of-town).
2. March 13. 2002 - Addendum No.1 to the Request for Qualifications (RFQ) No. 2002-
01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering
firms (28 local and 14 out-of-town).
3. March 15. 2002 - Addendum NO.2 to the Request for Qualifications (RFQ) No. 2002-
01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering
firms (28 local and 14 out-of-town).
4. March 26. 2002 - Addendum No.3 to the Request for Qualifications (RFQ) No. 2002-
01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering
firms (28 local and 14 out-of-town).
5. March 28. 2002 - Addendum No.4 to the Request for Qualifications (RFQ) No. 2002-
01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering
firms (28 local and 14 out-of-town).
PROJECT BACKGROUND: The Choke Canyon Dam facility must be maintained
according to specifications established by the United States Bureau of Reclamation
(USBR). As the owner of the dam, the USSR inspects the structure for potential problems
and necessary maintenance requirements. Originally, the Comprehensive Facility Review
Program identified the following issues that needed to be addressed:
· River Outlet Works Repair consisted of the re-evaluation of the river outlet works
chute and stilling basins and repair of the 99-inch steel outlet works pipe and the 20-
inch bypass pipe at the jet flow gate.
EXHIBIT "A"
Paae 1 013
H;~Ie\GEMWIlter\Choke c.nyon 0arrt.8407-&406-8409-8411-8520-8521\Agenda Background.doc
. Trash Rack Repair and High Level Alarm Installation involved rehabilitation of the
metal trash racks and cathodic protection to minimize future corrosion, as well as
installation of a high water alarm in the outlet works conduit to provide for SCADA
reporting of alarms.
. Spillway Radial Gates Repair involved recoating the eight (8) spillway radial gates.
PROJECT DESCRIPTION OF AMENDMENT NO.1: Consists of engineering design and
other services to complete the following specific repairs and improvements at Choke
Canyon Dam. (All services and repairs will be coordinated with the U.S. Bureau of
Reclamation.)
Part 1 :
· River Outlet Works Reoair (Concrete Damaae Chute Reoair and Buov Line) -
Concrete erosion damage has occurred in two concrete discharge chutes of the
Choke Canyon Dam Outlet Works. The U.S. Bureau of Reclamation (USBR) has
developed and tested a hydraulic deflector to correct flow conditions that are
conducive to concrete abrasion damage. The USBR is proceeding with
configuration of a hydraulic deflector to be installed at Choke Canyon Dam.
Concrete damage has also occurred downstream of the Gated Spillway. In
conjunction with the deflector installation, repairs are needed for the existing
concrete damage. Construction documents will be prepared for repair of the
concrete damage in the Outlet Works discharge chutes and downstream of the
Gated Spillway. As part of this project, a buoy line will be designed and installed to
surround and protect the outlet works intake structure.
Part 2:
. Trash Rack Reoair - The trash racks at the Choke Canyon Dam Outlet Works have
protective coatings that have exceeded their design service life and have failed.
The trash racks need to be cleaned and repairs made as needed to the existing
protective coatings. In order to supplement the level of corrosion protection provided
by the coating system, a sacrificial anode cathodic protection system will also be
installed. The Engineer will provide the technical direction and supply of cathodic
protection materials through the services of Corrpro Companies Inc.
(subconsultant).
. Hiah Level Alarm Installation - A high level alarm is needed to monitor water level in
the Choke Canyon Dam Outlet Works Control Structure and to communicate the
alarm information to the Choke Canyon Dam operations and maintenance staff.
Float switches will be installed on the north wall of the Control Structure. The
Engineer will provide the construction documents and necessary SCADA services
for the high level alarm improvements.
. Conduits Protective Coating - The 93-inch and 99-inch diameter steel conduits at
the Choke Canyon Dam Outlet Works are internally coated with a primer and coal
tar enamel. There are isolated corrosion tubercules that have formed at voids and
EXHIBIT "A"
Pea. 2 013
H:~\GEN\W8WoChoke Canyon 0Ml\B407-8406-8409-8411-852008521\Agenda Beckgtound.CIOc
damaged areas in the coating. These need to be cleaned and the coating repaired.
As part of the design, recommendations would be provided for treatment of the
cavitation damage in the stainless steel bypass immediately downstream of the jet
flow gate. The needed coating repairs will be completed through a training session
for the City of Corpus Christi Choke Canyon Dam maintenance staff and an
extended repair demonstration through the services of Corrpro Companies Inc.
(subconsultant). No separate construction contract will be required.
Part 3:
. Soillwav Radial Gates Reoair - Due to the current high level of the Choke Canyon
Reservoir, this work needs to be completed at a later time when the gates are
accessible. Future - To Be Determined (TBD)
. Gate Hoist Protective Coating - The radial gate hoists at Choke Canyon Dam need
to be recoated by removing the layers of existing primers and paint, preparing the
surface and recoating. The work will be bid to specialty protective coating
contractors for execution. The new protective coating system will consist of a prime
coat of epoxy zinc, intermediate coat of polyamide epoxy and a top-coat of acrylic
aliphatic polyurethane. Since the existing primers contain lead, containment will be
required.
CONTRACT SUMMARY/FEE: A contract summary and summary of fees is attached as
Exhibit "B."
OTHER EXHIBITS:
Exhibit "C-1" - Location map for Choke Canyon Dam
Exhibit "C-2" - Location of the repairs and improvements in plan view
Exhibit "C-3" - Identifies the repairs and improvements at the Outlet Works
EXHIBIT "A"
Paae 3 of 3
H:~\GEMW~8 Canyon 0am\8407-84ll&-8409-8411-8520-8521\Agenda B8ckgr0und.doc
CONTRACT SUMMARY
AMENDMENT NO.1
CHOKE CANYON DAM IMPROVEMENT PROJECT
1. SCOPE OF PROJECT
Part 1 :
. River Outlet Works Repair (Concrete Damaae Chute Repair and Buov Line)
Concrete erosion damage has occurred in two concrete discharge chutes of the
Choke Canyon Dam Outlet Works. The U.S. Bureau of Reclamation (USBR) has
developed and tested a hydraulic deflector to correct flow conditions that are
conducive to concrete abrasion damage. The USBR is proceeding with
configuration of a hydraulic deflector to be installed at Choke Canyon Dam.
Concrete damage has also occurred downstream of the Gated Spillway. In
conjunction with the deflector installation, repairs are needed for the existing
concrete damage. Construction documents will be prepared for repair of the
concrete damage in the Outlet Works discharge chutes and downstream of the
Gated Spillway. As part of this project, a buoy line will be designed and installed to
surround and protect the outlet works intake structure.
Part 2:
· Trash Rack Repair - The trash racks at the Choke Canyon Dam Outlet Works have
protective coatings that have exceeded their design service life and have failed.
The trash racks need to be cleaned and repairs made as needed to the existing
protective coatings. In order to supplement the level of corrosion protection
provided by the coating system, a sacrificial anode cathodic protection system will
also be installed. The Engineer will provide the technical direction and supply of
cathodic protection materials through the services of Corrpro Companies Inc.
(subconsultant).
. Hiah Level Alarm Installation - A high level alarm is needed to monitor water level
in the Choke Canyon Dam Outlet Works Control Structure and to communicate the
alarm information to the Choke Canyon Dam operations and maintenance staff.
Float switches will be installed on the north wall of the Control Structure. The
Engineer will provide the construction documents and necessary SCADA services
for the high level alarm improvements.
. Conduits Protective Coatina - The 93-inch and 99-inch diameter steel conduits at
the Choke Canyon Dam Outlet Works are internally coated with a primer and coal
tar enamel. There are isolated corrosion tubercules that have formed at voids and
damaged areas in the coating. These need to be cleaned and the coating repaired.
As part of the design, recommendations would be provided for treatment of the
cavitation damage in the stainless steel bypass immediately downstream of the jet
flow gate. The needed coating repairs will be completed through a training session
for the City of Corpus Christi Choke Canyon Dam maintenance staff and an
extended repair demonstration through the services of Corrpro Companies Inc.
(subconsultant). No separate construction contract will be required.
H:IIiOME\R8cheIIe\GEMWal8r'.ChoU Canyon D8m\8407 -8408-8409-8411-8520-8521\CONTAACT SUMMARY.doc
EXHIBIT liB"
Page 1 of 4
Part 3:
. Spillwav Radial Gates Repair - Due to the current high level of the Choke Canyon
Reservoir, this work needs to be completed at a later time when the gates are
accessible. Future - To Be Determined (TBD)
. Gate Hoist Protective Coatina - The radial gate hoists at Choke Canyon Dam need
to be recoated by removing the layers of existing primers and paint, preparing the
surface and recoating. The work will be bid to specialty protective coating
contractors for execution. The new protective coating system will consist of a prime
coat of epoxy zinc, intermediate coat of polyamide epoxy and a top-coat of acrylic
aliphatic polyurethane. Since the existing primers contain lead, containment will be
required.
2. SCOPE OF SERVICES
The Engineer hereby agrees, at its own expense, to perform design services necessary to review
and prepare plans, specifications, and bid and contract documents. In addition, Engineer will
provide monthly status updates (project progress or delays, gantt charts presented with monthly
invoices) and provide contract administration services to complete the Project. Work will not begin
on Additional Services until requested by the Engineer (provide breakdown of costs, schedules),
and written authorization is provided by the Director of Engineering Services.
3. PROJECT SCHEDULE
Part 1:
River Outlet Works Reoair (Concrete Damaae Chute Reoair and Buov Line)
DAY DATE MILESTONE
Wednesday January 26, 2005 Submit "Nature of Action" for Review
Wednesday March 16, 2005 Submit "Issued for Review" construction
documents
Wednesday May 4, 2005 Submit "Issued for Bid" construction
documents
Monday June 20, 2005 Advertise for Bids
Tuesday July 5, 2005 Pre-Bid Conference
Wednesday July 20, 2005 Receive Bids
Thursday August 18, 2005 Pre-Construction Conference
Friday February 3, 2006 Complete Construction of Repairs
Part 2:
Trash Rack Reoair
DAY DATE MILESTONE
Wednesday February 9, 2005 Submit "Nature of Action" for Review
Wednesday March 30, 2005 Submit "Issued for Review" construction
documents
Wednesday September 14, 2005 Commission Cathodic Protection System
H:~EM.Water'oCtloke (MIyon 08rrtl8407-8408-8409-3411-852Q.8521\CONTRACT SUMMARY.doc
EXHIBIT "B"
Page 2 of4
Part 2: (con't)
Hiah Level Alarm Installation
DAY DATE MILESTONE
Wednesday February 16, 2005 Submit "Issued for Review" construction
documents
Wednesday April 6, 2005 Submit "Issued for Bid" construction
documents
Monday May 30,2005 Advertise for Bids
Tuesday June 14,2005 Pre-Bid Conference
Wednesday June 29, 2005 Receive Bids
Thursday July 28, 2005 Pre-Construction Conference
Monday October 24, 2005 Commission Alarm System
Conduits Protective Coating
DAY DATE MILESTONE
Wednesday February 9, 2005 Submit "Nature of Action" for Review and
Technical Specifications
Tuesday June 21, 2005 Complete Protective Coating Repairs
Part 3:
Spillway Radial Gates Repair
I TO BE DETERMINED
G H' P C
ate Olst rotectlve oatlna
DAY DATE MILESTONE
Wednesday February 9, 2005 Submit "Nature of Action" for Review
Wednesday March 30, 2005 Submit "Issued for Review" construction
documents
Wednesday May 11 , 2005 Submit "Issued for Bid" construction
documents
Monday June 20, 2005 Advertise for Bids
Tuesday July 5, 2005 Pre-Bid Conference
Wednesday July 20, 2005 Receive Bids
Thursday August 18, 2005 Pre-Construction Conference
Friday February 3, 2006 Complete Construction of Repairs
H:~W.....choke Canyon D8n'1I8407-84Q8.8409..8411-8520-8521\CONTRACT SUMMARY,doc
EXHIBIT "B"
Pege 3 of4
4. FEE
AMENDMENT NO.1
Part 1 Part 2 Part 3
River
Oullet
Wor... Site Site Site Gate
Original Repair Imps.: Spillway
Contract Imps.: Imps.: Holot Totel Resteled
(concno.. High Radial
Totel ~ Trash Condulte ProtecUve Fee Total
Lavel Gatea
ChuIo Rack Alarm Protective Repair CoaUng
Repair Repair CoeUng Replace.
.nd Buoy In.tal.
Uno)
BASIC SERVICES:
1 Preliminary Phase $51 529 $0 $0 $0 $0 TBD !tn $0 $51 529
2 D.sion Ph... 0 39 300 18200 4200 14800 TBD 33 400 109 900 109 900
3 Bid Phase 0 6150 6100 2500 0 TBD 6100 20 850 20 850
4 Construction Phas. 9550 0 1300 0 THO 9550 20 400 20 400
Subtotalllaale _ 51529 55 000 24 300 8000 14800 TBD 49 050 151150 202 679
ADDmONAL SERVICES:
TopographicIStructural
1 SUMlYll 22 473 0 0 0 0 TBD 0 0 22 473
Flood Damage
2 _en! 17744 0 0 0 0 TBD 0 0 17744
3 HI/draullc Modellno 55 222 0 0 0 0 TBD 0 0 55 222
Corrosion ReId
4 InveotiaalionfT.stino 21398 0 0 0 0 THO 0 0 21398
U_ter
5 T Study 13216 0 0 0 0 TBD 0 0 13216
Asoi8l USBR wlField
6 T.... Divino Services 0 13220 0 0 0 TBD 0 13220 13220
Coordinate wi1h USBR
7 on Defteclor Desion 0 10130 0 0 0 THO 0 10130 10130
Construction
8 Observation Services 0 17000 20500 0 0 TBD 16100 53 600 53 600
Fabricate Anode
_eoICathodlc
9 Protedion Sw..m 0 0 11250 0 0 THO 0 11250 11250
10 SCADA ServIces 0 0 0 8800 0 TBD 0 8600 8800
11 Divino 0 0 25 000 0 0 TBD 0 25 000 25 000
lead Abatament
12 rino 0 0 0 0 0 THO 7150 7150 7150
13 Coatlnos 1118_ 0 0 0 0 0 TBD 19400 19400 19400
PIpe lining Repair
14 DemonalratIon 0 0 0 0 14950 TBD 0 14950 14950
Subtotal Add. llarvIc.. 130 053 40350 56 750 8600 14950 TBD 42 850 163 300 293 353
TOTAL FEE l...Io.XCMdI $181 582 $95 350 $81 050 $16600 $29,750 THO $91 700 $314450 $496 032
CHOKE CANYON DAM IMPROVEMENT PROJECT. SUMMARY OF FEES
*TBD - To Be Determined
EXHIBIT "B"
Palla 4 of4
H:~W..-.choke c.nyon [)amI.8407-8408-84()9.8411-8520-8521\CONTRACT SUMMARY.doc
File: \Mproject\councilexhibit.\Choke Canyon Re.ervoir.12-01-04.dw
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CITY OF CORPUS CHRIST/, TEXAS
CITY COUNCIL EXHIBIT ~
DEPART!./ENT OF ENGINEERING SERVICES IrItI1i
PAGE: 1 of 1 _ _
- -
- -
DATE: 12 01 2004 --
CHOKE CANYON DAM IMPROVEMENT PROJECT
EXHIBIT "C-2" - Choke Canyon Dam: Plan View of Repairs and Site Improvements
I EXHIBIT "Co2" I
File: \Mproject\councilexhibits\Choke Conyon Dom.12-01-04.dwg
INTAKE STRUCTURE TRASH RACK COATING REPAIRS
~THODIC PROTECflON AND BUOY UNE
I I RIVER OUTLET WORKS CONDUITS PROTEClNE ,-COATINGS REPAIRS
i-l I
I
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RIVER OUTLET WORKS
HIGH LEVEL AlARM
RIVER OUTLET WORKS
CONCRffi IlAIoIAGE REPAIR
I
I
--- --~---
o I
L-l--------i---
il
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LOCA nON MAP
NOT TO SCALE
CITY PROJECT No. 8407, 8408, 8409, 8411, 8520, 8521
EXHIBIT "C3"
CITY COUNCIL EXHIBIT ~
OfPAlmlfNT OF ENGINEERING SERVICES .
PAGE: 1 of 1 _ _
- -
- -
DATE:: 12-01-2004 -
CHOKE CANYON DAM IMPROVEMENT PROJECT
CI1Y OF CORPUS CHRISTI, TEXAS
ORDINANCE
APPROPRIATING $314,450 FROM THE UNAPPROPRIATED
INTEREST EARNINGS FROM CHOKE CANYON FUND 4050,
RESERVED FOR CHOKE CANYON MAINTENANCE ACCOUNT
251400; TRANSFERRING TO AND APPROPRIATING IN WATER CIP
FUND 4080 FOR THE CHOKE CANYON DAM IMPROVEMENT
PROJECT; AMENDING CAPITAL BUDGET ADOPTED BY
ORDINANCE NO 025647, AND OPERATING BUDGET ADOPTED BY
ORDINANCE NO. 025878 BY INCREASING APPROPRIATIONS BY
$314,450 EACH; AND DECLARING AN EMERGENCY
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That $314,450 from the unappropriated interest earnings from Choke
Canyon Fund 4050 reserved for Choke Canyon maintenance account 251400 is
transferred to and appropriated in Water CIP Fund 4080 for the Choke Canyon Dam
Improvement Project.
SECTION 2. That FY 2004-2005 Capital Budget adopted by Ordinance No. 025647 is
amended to increase appropriations by $314,450. That FY 2004-2005 Operating
Budget adopted by Ordinance No. 025878 is amended to increase appropriations by
$314,450.
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 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
2004.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED: D.-.-v. q ,2004
cf~~
Lisa Aguila
Assistant City Attorney
For City Attorney
Samuel L. Neal, Jr.
Mayor
Laurie\JohnBurke\OrdinanceRes\appr04choke canyon.lIa
Corpus Christi, Texas
Day of
,2004
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, Mayor
City of Corpus Christi
Council Members
The above ordinance was passed by the following vote:
Samuel L. Neal, Jr.
Brent Chesney
Javier D. Colmenero
Melody Cooper
Henry Garrett
Bill Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
Laurie\JohnBurke\OrdlnanceRes\appr04cboke canyon.Us
25
CITY COUNCIL
AGENDA MEMORANDUM
COUNCIL ACTION DATE: December 14, 2004
SUBJECT: Downtown Drainage Improvements, Phase 1 - Part "Au
(Project No. 2036)
AGENDA ITEM: Motion authorizing the City Manager, or his designee, to award a
construction contract to Ramos Industries Inc. of Pasadena, Texas, in the amount of
$2,696,266.00 for the Downtown Drainage Improvements, Phase 1 _ Part "AU Water Street
New Interceptors and Inlets.
ISSUE: The construction of the seawall in downtown Corpus Christi during the 1930s
created a "bowl" between the existing bluff and the new seawall, necessitating the pumping
of storm water runoff. Despite the installation of a collection system and two pumping
stations (located on Water Street at Kinney Street and Power Street), flow rates have
continued to increase, causing major flooding problems. This contract is necessary to
improve the capacity of the downtown drainage system.
FUNDING: Funding is available from the FY 2003-2004 Storm Water Capital Improvement
Budget.
RECOMMENDATION: Staff recommends approval of the motion as presented.
C'
ater D partment
'/ ~wJ
n el R. Escobar, P.E.
Director of Engineering Services
/,
Additional SUPPort Material:
Exhibit "Au Background Information
Exhibit "BU Bid Tabulation
Exhibit "C" Project Budget
Exhibit "Du Location Map
Exhibit "E" Downtown Project Schedule
H:\USERS2\HOME\VElMAP\GEN\DRAINAGE\2036 DOWNTOWN DRAJNAGE\AGENDA MEMO
BACKGROUND INFORMATION
SUBJECT: Downtown Drainage Improvements, Phase 1
Part "A" Water Street New interceptors and Inlets
(Project No. 2036)
PRIOR COUNCIL ACTION:
1. September 23. 2003 - Motion authorizing the City Manager, or his designee, to
execute Amendment NO.1 to the Contract for Professional Services with Urban
Engineering in the amount of $732,010 for Downtown Drainage Improvements
Design (Motion No. M2003-348).
2. February 10. 2004 - Approval of the Capital Improvement Budget FY 2003-2004
(Ordinance No. 025647).
3. Februarv 10. 2004 - Motion authorizing thee City Manager, or his designee, to
execute Amendment NO.2 to the Contract For Professional Services with Urban
Engineering in the amount of $374,813 for the Downtown Drainage Improvements
Project (Motion No. M2004-043).
PRIOR ADMINISTRATIVE ACTION:
1. Februarv 20. 2002 - Distribution of Request For Qualifications (RFQ) No. 2002-01
(Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering
firms (28 local and 14 out-of-town).
2. March 13.2002 - Addendum NO.1 to the Request for Qualifications (RFQ) No.
2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42
engineering firms (28 local and 14 out-of-town).
3. March 15. 2002 - Addendum NO.2 to the Request for Qualifications (RFQ) No.
2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42
engineering firms (28 local and 14 out-of-town).
4. March 26. 2002 - Addendum NO.3 to the Request for Qualifications (RFQ) No.
2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42
engineering firms (28 local and 14 out-of-town).
5. March 28. 2002 - Addendum NO.4 to the Request for Qualifications (RFQ) No.
2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42
engineering firms (28 local and 14 out-of-town).
6. April 11. 2003 - Distribution of Letter of Notification #1 (LON) for FY 2002 - 2003
Capital Improvement Program (Public Facilities, Storm Water, Wastewater,
Infrastructure, street, Park and Miscellaneous Projects) to 183 architectural and
engineering firms (79 local and 104 out-of-town).
7. April 17. 2003 - Addendum NO.1 to the Letter of Notification #1 (LON) for FY 2002
-2003 Capital Improvement Program (Public Facilities, Storm Water, Wastewater,
Infrastructure, street, Park and Miscellaneous Projects) to 183 architectural and
engineering firms (79 local and 104 out-of-town).
EXHIBIT "A"
Pa e 1 of 4
H :\USERS2\HOMEIVELMAP\GENIDRA1NAGE\2036 DOWNTOWN DRArNAGE\AGENDA BACKGROUND
PRIOR ADMINISTRATIVE ACTION (continued):
8. April 25. 2003 - Addendum No.2 to the Letter of Notification #1 (LON) for FY 2002
- 2003 Capital Improvement Program (Public Facilities, Storm Water, Wastewater,
Infrastructure, street, Park and Miscellaneous Projects) to 183 architectural and
engineering firms (79 local and 104 out-of-town).
9. Auqust 28.2003 - Approval of a small engineering contract with Urban Engineering
for preliminary engineering in the amount of $24,892 for the Downtown Drainage
Improvements Design Project.
10. July 7. 2004 - Approval of a Testing Agreement with Rock Engineering 7 Testing
Laboratory, Inc. in the amount of $15,000 for the Downtown Drainage
Improvements Design Project.
PROJECT BACKGROUND: The Downtown Drainage Improvements project was
developed to alleviate the major flooding that occurs in the downtown area during times of
heavy rain. Major flooding occurred in 2002, reaching approximately EI. 5.8 in the Williams
St. and Water St. area. Top of curb there is approximately EI. 3.4. The downtown area is
divided into two drainage basins, the Kinney St. Pump Station Watershed and the Power
St. Pump Station Watershed. Flooding in this area is attributed to the Water St. area
draining last because the Power St. Pump Station, located north of IH-37, is overwhelmed
during a 100 Yr. flood. The objective in Phase 1 and Phase 1/ of the Downtown Drainage
Improvements is to reduce the water elevation in Water St. during a 100 Yr. flood to EI. 3.6
to keep it out of the buildings.
This work is being coordinated with other projects being designed and constructed in the
downtown area, such as the Seawall Reconstruction Project and Major Outfalls
Rehabilitation Project. Such coordination will include traffic control plans to minimize
inconvenience to the traveling public and area property owners.
CURRENT PROJECT:
PHASE I
PROJECT A - NEW INTERCEPTORS AND INLETS
This project involves construction of the Water St. Interceptor, an 8' x 5' concrete box
culvert that will transfer a portion of the stormwater runoff from the upper end of the Power
St. Pump Station drainage basin into the drainage basin of the Kinney St. Pump Station.
The interceptor will be a gravity system and is to be constructed in Water St. from Williams
St. to Kinney St.
In addition, five intersections along Water St. that drain into the main storm sewer line
feeding the Power St. Pump Station will be renovated to improve storm water flow capacity.
These improvements include for each intersection the renovation of two existing slot inlets,
a 3' foot wide companion grate inlet in the street in front of the slot inlets and replacement
of laterals as necessary to provide a minimum of 24" diameter from the inlet to the existing
storm sewer main.
H:\USERS2\HOME\VELMAPIGENIDRAINAGE\2036 DOWNTOWN DRAINAGE\AGENDA BACKGROUND
EXHIBIT "A"
Pa e 2 of 4
FUTURE PHASED CONSTRUCTION CONTRACTS:
PHASE I
PROJECT B - KINNEY ST. PUMP STATION
There is an existing Pump Station located on City property at the corner of South Shoreline
Blvd. and Kinney St. that provides pumping for storm water collected in the area known as
the "Kinney St. Pump Station Watershed". The pump station operates on an as-needed
basis to pump collected storm water for discharge to the bay. The existing station was
constructed in 1947 and has a rated capacity of 167 CFS (74,950 GPM). There is an
existing 54-inch diameter discharge pipe from the pump station to the bay.
It has been determined that the Kinney St. Pump Station capacity should be 426 CFS
(191,200 GPM) to handle a 100 year storm event. A new larger capacity pump station is
proposed to replace the existing pump station. The new station will include a concrete wet
well and discharge structure, trash screening equipment, storm water pumps, associated
yard piping, instrumentation, electrical and miscellaneous site work. An additional
discharge box to the bay will be constructed to carry the additional flow. Due to its location
landscaping, fencing and walls will be used to provide an architecturally pleasing facility.
Mechanically cleaned bar screens will be provided to remove trash prior to the storm water
entering the pump station. The screening will provide protection for the pumps and reduce
the amount of debris going into the bay. The existing pump station will remain in service in
its current capacity until the new pump station is commissioned and operational.
PHASE II
AGNES STREET BOX CULVERT & DIVERSION LINES
The existing Blucher Park Pressure Conduit (Blucher Box) begins in Blucher Park, above
Tancahua Street and extends down the Bluff and thru the seawall into Corpus Christi Bay.
The design intent of the Blucher Box was to deliver the storm water to the bay without
having to pump it, however, there have been problems with intermediate inlet connections
at the lower elevations below the Bluff. These inlets are connected with flap gates designed
to limit flow in one direction and there have been numerous problems with the gates failing
and allowing the storm water to backflow into the Downtown streets, increasing the amount
of water that the pump stations are required to handle.
The purpose of Phase II is to (1) increase the capacity of the gravity drainage system
which will reduce the load on the Downtown pump stations and (2) disconnect the faulty
inlets from the existing system which will keep the pressure system from backflowing into
local areas that have experienced flooding.
This project includes the following improvements:
· Construct new 6' x 6' Agnes St. Box Culvert to divert storm water from the
existing Blucher Box and from the Kinney St. Pump Station watershed and
deliver the water directly to the bay.
EXHIBIT "A"
Pa e 3 of 4
H:\USERS2\HOMEIVELMAP\GEN\DRAINAGE\2036 DOWNTOWN DRAINAGE\AGENDA BACKGROUND
. Construct Blucher Park Balustrade with top at EI. 20.8 to divert flow to new
Agnes St. Box Culvert and prevent flooding in the Blucher St. area.
· Construct new 42"/30"/24" dia. Inlet Diversion Lines at Tancahua and
Carancahua Streets to disconnect existing inlets from Blucher Box to divert
flow to new Agnes St. Box Culvert and eliminate dependence on flap gates.
· Construct a new 24" dia. inlet diversion line at Chaparral Street to
disconnect existing inlets from Blucher Box to divert flow to new Water St.
Interceptor (Phase 1, Project A) and eliminate dependence on flap gates.
PROJECT DESCRIPTION: The project consists of sitework and demolition, utility
adjustment, excavation and backfilling, dewatering, concrete structures, grating, drainage
pipe, inlets, precast box culverts, cast-in-place concrete box culverts, junction box
rehabilitation, pavement repair, traffic control and miscellaneous items of work required to
complete project in accordance with plans, specifications and Contract Documents.
BID INFORMATION: The City received proposals from five (5) bidders on November 24,
2004. See Exhibit "B" Bid Tabulation. The bids range from $2,696,266 to $5,122,586. The
project consists of a Base Bid. The Engineer's estimated construction cost for the project
is $2,897,035. The City's consultant, Urban Engineering and City staff recommend that the
Total Base Bid be awarded in the amount of $2,696,266 to Ramos Industries of Pasadena,
Texas for the Downtown Drainage Improvements, Phase 1 - Part "A" Water Street New
Interceptors and Inlets Project.
CONTRACT TERMS: The contract specifies that the project will be completed in 260
calendar days. Completion is anticipated by the end of September 2005.
H:\USERS2\HOME\VElMAPIGEN\DRAINAGE\2036 DOWNTOWN DR<\JNAGE\AGENDA BACKGROUND
EXHIBIT "A"
Pa e 4 of 4
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Pa e 2 of 2
PROJECT BUDGET
DOWNTOWN DRAINAGE IMPROVEMENTS, PHASE 1
PART "A" WATER STREET NEW INTERCEPTORS AND INLETS
(Project No. 2036)
December 14, 2004
FUNDS AVAILABLE:
Storm Water................ ......... ...... ......... ...... ............ ....
FUNDS REQUIRED:
Construction (Ramos Industries, Inc.).............................
Contingencies (10%)...................................................
Consultant (Urban Engineering).....................................
Consultant (Rock Engineering)......................................
Engineering Reimbursements.......................................
Construction Inspection Activity.....................................
Misc. (Printing, Advertising, etc.)............ ...... ............ ......
Total........................................................................
$4,178,107.00
$2,696,266.00
269,626.00
1,131,715.00
15,000.00
18,000.00
44,500.00
3,000.00
$4,178,107.00
EXHIBIT "C"
Pa e 1 of 1
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CITY PROJECT No. 2036
DOWNTOWN DRAINAGE IMPROVEMENTS, PHASE 1
PART -A - WA TER STREET NEW INTERCEPTORS
AND INLETS
CITY OF CORPUS CHRISTI, TEXAS
CITY COUNCIL EXHIBIT
DEPARTMENT OF ENGINEERING SERVICES
PAGE: 1 of 2
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OATE: 12-08-2004
DOWNTOWN DRAINAGE IMPROVEMENTS, PHASE 1-
PART "A" WA TER STREET NEW INTERCEPTORS
AND INLETS
CITY or CORPUS CHRISTI, TEXAS
CITY COUNCIL EXHIBIT
DEPARTMENT or ENGINEERING SERVICES
DATE: 12-08-2004
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26
AGENDA MEMORANDUM
DATE: December 14, 2004
SUBJECT: Water Main Improvements - Elizabeth Street / 19th Street
(Project No. 8488)
AGENDA ITEM:
Motion authorizing the City Manager, or his designee, to execute Change Order No. 1 to
the construction contract with Ramos Industries, Inc. of Pasadena, Texas, for the Water
Main Improvements Elizabeth Street / 19th Street Project in the amount of $179,356.13 for
a total restated fee of $1 ,934,740.13 for the 12-inch water main replacement on Santa Fe
from Elizabeth to Ayers.
ISSUE: The existing 8-inch water main along Santa Fe from Elizabeth to Ayers serves the
Christus Spohn Shoreline Hospital area. The main has experienced major water breaks
resulting in water service interruptions to the area. The main is old and requires
replacement and upgrade. City Council action is required to complete the project.
FUNDING: Funds to finance the proposed project are available in the FY 2003-2004 Water
Capital Improvement Budget.
TION: Staff recommends approval of the Motion as presented.
I
r/etf
gel R. Escobar, P. E.,
irector of Engineering Services
Eduardo Garafia, P. E.,
Director of Water Department
Additional SUPPort Material:
Exhibit "A" Background Information
Exhibit "B" Change Order Summary
Exhibit "C" Location Map
H:\USERS2\HOMEWElMAP\GEN\WATER\B48S\CHANGE ORDER NO. 1\AGENDA MEMO
BACKGROUND INFORMATION
SUBJECT: Water Main Improvements - Elizabeth Street/19th Street
(Project No. 8488)
CHANGE ORDER NO.1
PRIOR COUNCIL ACTION:
1. November 11, 2003 - Motion authorizing the City Manager, or his designee, to
execute a Consultant Contract with Martinez, Guy and Maybik, Inc. of Corpus
Christi, Texas in the amount of $152,993 for the Water Main Improvements -
Elizabeth Street/19th Street (Motion No. M2003-397).
2. Februarv 10. 2004 - Approval of the Fiscal Year 2003-04 Capital Improvement
Budget for $173,624,300 (Ordinance No. 025647).
3. Auqust 31.2004 - Motion authorizing the City Manager, or his designee, to award a
construction contract to Ramos Industries, Inc. of Pasadena, Texas in the amount of
$1,755,384 for the Water Main Improvements Elizabeth Street / 19th Street Project
(Motion No. M2004-344).
PRIOR ADMINISTRATIVE ACTION:
1. Februarv 20. 2002 - Distribution of Request For Qualifications (RFQ) No. 2002-01
(Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering
firms (28 local and 14 out-of-town).
2. March 13,2002 - Addendum NO.1 to the Request for Qualifications (RFQ) No.
2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42
engineering firms (28 local and 14 out-of-town).
3. March 15, 2002 - Addendum NO.2 to the Request for Qualifications (RFQ) No.
2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42
engineering firms (28 local and 14 out-of-town).
4. March 26, 2002 - Addendum NO.3 to the Request for Qualifications (RFQ) No.
2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42
engineering firms (28 local and 14 out-of-town).
5. March 28. 2002 - Addendum NO.4 to the Request for Qualifications (RFQ) No.
2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42
engineering firms (28 local and 14 out-of-town).
6. April 11 ,2003 - Letter Of Notification NO.1 to the Request for Qualifications (RFQ)
No. 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42
engineering firms (28 local and 14 out-of-town).
7. April 17 . 2003 - Addendum NO.1 to the Letter Of Notification No.1 to the Request
for Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas
Improvement Projects) to 42 engineering firms (28 local and 14 out-of-town).
8. April 25, 2003 - Addendum NO.2 to the Letter Of Notification No.1 to the Request
for Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas
Improvement Projects) to 42 engineering firms (28 local and 14 out-of-town).
EXHIBIT "An
Page 1 of2
H:\USERS2\HOMEIVELMAP\GEN\WATER\8488\CHANGE ORDER NO. 1\AGENDA BACKGROUND
PRIOR ADMINISTRATIVE ACTION (continued):
9. Auqust 4.2003 - Letter Of Notification NO.2 to the Request for Qualifications (RFQ)
No. 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42
engineering firms (28 local and 14 out-of-town).
10. December 6,2004 - Executed Amendment No.1 to the Contract for Professional
Services with Martinez, Guy and Maybik, Inc. of Corpus Christi, Texas in the amount
of $18,020 for the Water Main Improvements Elizabeth Street/19th Street.
FUTURE COUNCIL ACTION: None anticipated
BACKGKROUND INFORMATION: This project consists of necessary improvements to
the City's water main distribution system to ensure the delivery of adequate water pressure
and reliable service in critical areas of the City. The existing 1 O-inch water main located on
Elizabeth Street serves Christus Spohn Shoreline Hospital and the existing 8-inch water
main located on 19th Street serves Christus Spohn Memorial Hospital. These water mains
were originally installed over forty years ago and are reaching the end of their useful
service life. The deterioration of these mains has caused numerous leaks within the service
area and diminishes the integrity of the delivery system.
CHANGE ORDER NO.1: Change Order NO.1 is for the replacement of approximately 720
linear feet of water main along Santa Fe from Elizabeth to Ayers. The existing 8-inch water
main has experienced major water breaks that have resulted in non-service of water to the
area. The existing 8-inch water main will be replaced and upgraded to a 12-inch water
main and complete the 12-inch loop to the area. The connecting service lines and lateral
fire hydrant mains will also be replaced. It is necessary to complete the work in an
expedient manner as this water main serves the Christus Spohn Shoreline Hospital area,
and will be completed with additional thirty (30) calendar days to the existing contract.
EXHIBIT "An
Page 2 of 2
H:\USERS2\HOMEIVELMAP\GEN\WATER\8488\CHANGE ORDER NO, l\AGENDA BACKGROUND
DEPARTMENT OF ENGINEERING SERVICES
CHANGE ORDER SUMMARY SHEET
December 7, 2004
PROJECT: Water Main Improvements - Elizabeth Street/19th Street
Project No: 8488
APPROVED: Approved by Council 8/31/04 - Motion No. M2004-344
CONTRACTOR:
Ramos Indistries, Inc.
3636 Pasadena Blvd.
Pasadena, TX 77503
TOTAL CONTRACT AMOUNT .........................
25% Limit Amount ......................................
$1,755,384.00
438,846.00
Change Order No.1 (12/6/04-Council) ..........
Total.........................................................
179,356.13
179,356.13 = 10.20%<25%
EXHIBIT "Bn
Pa e 1 of 1
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VICINITY MAP
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LOCA TION
EXHIBIT "C"
Water Main Improvements
Santa Fe from Elizabeth St to Ayers
CITY OF CORPUS CHRISTI. TEXAS
CITY COUNCIL EXHIBIT
DEPARTMENT OF ENGINEERING SERVICES
PAGE: 1 of 1
DATE: 12/04/2004
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27
AGENDA MEMORANDUM
December 14, 2004
SUBJECT: Cefe Valenzuela Landfill - Drainage Outfall
FM 70 Crossing AT&T Utility Adjustment - Project No. 5038
AGENDA ITEM:
Motion authorizing the City Manager, or his designee, to execute a Reimbursement
Agreement with AT&T in the estimated amount of $26,900.00 for adjustment of
communication and data lines to permit construction of a proposed drainage culvert on FM
70 to serve the future development of Cefe Valenzuela Landfill.
ISSUE:
The drainage culvert crossing FM 70 serving Cefe Valenzuela Landfill cannot be
constructed until AT&T adjusts their facilities to a greater depth.
FUNDING:
Funding is available from the Sanitary Landfill CIP Fund.
RECOMMENDATION:
Approval of the resolution as presented.
r>
~f!. '-dL
;;. gel R. Escobar, P.E.
Director - Engineering Services
It~o/-
~Q~~a-- I~/yf~
ey aplan I ate
Director - Solid Waste Services
Attachments:
Exhibit A:
Exhibit B:
Exhibit C:
Background
AT&T Cost Estimate
Location Map
H:\HOME\KEVINS\GENILANDFILL IValenzuelalDRAINAGEIA T& TMemo.doc
ADDITIONAL INFORMATION
Background:
Cefe Valenzuela Landfill is a long term project that has been subject to many
Council and administrative actions. Plans for the landfill were completed in 2002,
but solicitation of bids was deferred to ensure funds were not prematurely
expended.
Work has continued with TXDOT for the construction of a drainage culvert across
FM 70. The drainage outfall for Cefe Valenzuela is on the other side of FM 70 on
Petronilla Creek. TXDOT agreed to construct the culverts at the expense of the
City. The TXDOT advanced funding agreement requires the City to provide for
the relocation of conflicting utility lines. AT&T has a communication/data cable
that must be lowered to accommodate the culvert crossing FM 70.
AGREEMENT: AT&T has agreed to lower the cable for an estimated cost of
$26,900.00.
~-~-_._-._._----- --'-
~
-
Ricky B. Howard, Sr.
Sr. Technical Associate"
Fiber Cable Engineer
Texas, Louisiana, New Mexico
--"-'--.-.--- -'~--------.._-._-_._--~
Shiner Moseley and Associates, Inc.
John Reinhard
555 N. Carancahua, Suite 1650
Corpus Christi, Texas 78478
Ph: 361 857-2211 Fax: 361-857-7234
3910 San Jacinto SI.
Dallas, TX 75204
Voice: 214821-9846
eFax: 214853-5590
E-Mail: rbhoward@ems.alt.com
RE: PSN 16-178-0-1558-03-018
Mr. Reinhard,
This letter is in reference to the above mentioned property. AT&T does
have facilities in the area. These facilities will have to be adjusted, based off
of the 100% Preliminary .pdf files stamp dated 09-29-2004, please review the
attached cost estimate to relocate these facilities. I will also forward this same
estimate to the R.O. W. Supervisor, Vicki Davis in Atlanta, GA, in order for
her to draft a Reimbursable Agreement for execution. Please call if you have
any further questions or concerns
Respectfully,
:d'-.7 4 #~~ ~
Ricky B. Howard, Sr.
Hwv 70 Corous Christl
Enalneerlna & Insoectlon
Item Description quantity Unit Cost per Unit Total
1 Engineer - Investigate 0 Hrs $ - $ -
prepare package & Bid 0 Hrs $ - $ -
Periodic review 0 Hrs $ - $ -
Drafting Constr. Sheets 0 Hrs $ - $ -
misc. re-Imbursables 0 $ - $ -
2 Inspection-contractor coverage 80 Hrs $ 65.00 $ 5,200.00
3 AT&T Engineering and R.O.W. Supervisor 20 $ 110.00 $ 2,200.00
4 A T& T Technician 20 $ 110.00 $ 2,200.00
Engineering & Inspection Total $ 9,600.00
$ -
Contractor exoense
Item Description quantity Unit Cost per Unit Total
5 Expose, Lower to 10' in depth, an Backfill 400 FT $ 50.00 $ 20,000.00
Mobilization I Demobilization (incL in lowering) 0 LF $ - $ -
0 LF $ - $ -
0 LF $ - $ -
0 LF $ - $ -
0 LF $ - $ -
$ -
0 $ -
Contractor Total $ 20,000.00
$ -
$ -
$ -
Materials
Item Description quantity Unit Cost per Unit Total
6 Materials Included in project 0 LF $ - $ -
0 LF $ - $ -
0 EA $ - $ -
0 ~A $ - $ -
$ -
$ -
Material Total $ -
JOB TOTAL $ 29,600.00
,.'.lP:';J""'-: ,-ouncliexhiblrs \exh50.38.dwg
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PROJECT LOCA TION
PROJECT # 5038
PROJECT LOCA TION MAP
EXHIBIT .C.
CEFE F. VALENZUELA LANDFILL-
DRAINAGE OUTFALL FM 70 CROSSING
A T&T UTILITY ADJUSTMENT
CITY OF CORPUS CHRISTI, TEXAS
CITY COUNCIL EXHIBIT ~
DEPARTMENT OF ENGINEERING SERVICES
PAGE: 1 of 1
DATE: 72/14/2004 ~
28
AGENDA MEMORANDUM
SUBJECT: Wayfinding Signage - Multi-Purpose Arena & Convention Center
Projects No. 4235 & 4236
December 14, 2004
AGENDA ITEM:
Motion authorizing the City Manager, or his designee, to execute Change Order No.2 with
Geograph Industries, Inc. of Harrison Ohio in an amount not to exceed $52,674.00 for the
Corpus Christi Multi-Purpose Arena and Convention CenterWayfinding Signage Package.
FUNDING: Funding is available from Arena and Convention Center CIP Funds.
RECOMMENDATION: Approval of the motion as presented.
I
~..
A el . Escobar, P. E.
irector of Engineering Services
ADDITIONAL INFORMATION
Exhibit A. Background Information
Exhibit B. Change Order
Exhibit C. Location Map
H:\HOME\KEVINS\GEN\Arena\AWdSignageC02MemO.dOC
ADDITIONAL INFORMATION
SUBJECT: Way Finding Signage - Multi-Purpose Arena & Convention Center
Projects No. 4235 & 4236
BACKGROUND:
The original signage contract was awarded to Geograph Industries in the amount of
$280,688.74 on May 11, 2004. Change Order No. 1 was administratively approved
October 6, 2004 in the amount of $16,417. That change order provided additional signage
in the lower level of the Convention Center.
CHANGE ORDER No.2: The change order authorizes three types of sign modifications
and three additional signs. The largest cost item ($46,373) revised the size, layout and
overall construction of the seventeen (17) vomitory signs. Those signs were to be originally
attached to tubes to be installed across the top of the vomitory. The tube mounting system
posed difficulties for the general contractor and sign manufacturer. The tube locations
conflicted with fire sprinklers, HVAC, and lighting. Additionally, there was inadequate
structure to support the upper tube at the wall mounting locations.
The sign manufacturer encountered difficulty in manufacturing a tube attachment system
due to the field conflicts with fire sprinklers, HVAC ducts and lighting. It was decided to
alter the structural aluminum supporting the Panelite custom signs to facilitate installation.
Other items addressed by the change order include additional signs, additional letters, and
changes to letters on signs. A copy of the change order is attached.
FUNDING: The change order will be funded by the Arena and Convention Center CIP
Funds.
EXHIBIT "An
Page 1 of 1
H:IHOMEIKEVINSIGENlArenalAwdSignageC02BkgExhA.doc
CHANGE ORDER NO.2
WAYFINDING & SIGNAGE PACKAGE
CONVENTION CENTER EXPANSION & ARENA
Department of Engineering Services
City of Corpus Christi, Texas
CHANGE ORDER NO: -L
DATE: November 10, 2004
CONTRACT TIME: 120 C.D.
FUNDING SOURCE: 550910-3181.00000-110710
Operating Department: Department of Enqineerinq Services
Name of Project: Arena & Convention Center Wavfindfinq Siqnaqe Packaqe #4235/4236
Contractor: Geoqraph Industries. Inc.
CHANGE AS FOLLOWS:
Provide each of the following revisions as identified on the attached Page 2 of 2 in accordance with the
requirements outlined in the Contract Documents.
Why was this change necessary? (If left off the plans and specifications, explain why)
The ma'orit of the attached ro osed revisions include work as re uired to modi or com lete the current set of
Desi n Documents andlor address existin field conditions as the relate to the fabrication of the si ns.
Total Add - Lump Sum: $ 52,674.00
How can similar changes be avoided in the future? Manv of these items could have been included in the oriqinal
sco e of work if additional information would have been available at the time the contract amount was a reed u on.
A CONTRACT PRICE.........................$
B. TOTAL CHANGE ORDERS (inc current) ....$
C. NEW CONTRACT PRICE.................$
D. THIS CHANGE ORDER.....................$
E. PERCENT TOTAL CHANGE (B/A)........
F. PREVIOUS ADDN'L TIME AUTHORIZED.
G. ADDN'L CONTRACT TIME THIS CHANGE ORDER
H. TOTAL ADDITIONAL TIME.........
280.688.74
69.091.00
349.779.74
52,674.00
24.61 %
OCD
OCD
OCD
Project Engineer
CITY OF CORPUS CHRISTI, TEXAS
CONTRACTOR
By:
City Engineer
By:
Title:
APPROVED:
Operating Dept.
Director of Management & Budget
Legal Department
CHANGE ORDER NO.2
WAYFINDING & SIGNAGE PACKAGE
CONVENTION CENTER EXPANSION & ARENA
Department of Engineering Services
City of Corpus Christi, Texas
a.) Revise the size, layout and overall construction of each of the seventeen (17) Vomitory Signs as
required to allow the Panelite custom signs to be fabricated and installed around current site
conflicts/conditions. All additional work on the interior frames and tubes, exterior channels, etc. shall
be performed in accordance with the letter from Geograph Industries dated October 11, 2004.
Add = $46,373.00
b.) Provide revisions to the signage/message schedule including additional signs and additional letters
on many of the signs. All additional work shall be performed in accordance with the letter from
Geograph Industries dated October 11, 2004 (Item #3).
Add = $3,955.00
c.) Provide revisions to the vinyl letters on the Type 2A and 28 signs in the Arena at the Event Level,
Mezzanine Level and Upper Level Corridors as requested by Catt Lyon. All additional work shall be
performed in accordance with the letter from Geograph Industries dated Nov. 8, 2004 (Item #1).
Add = $2,050.00
d.) Provide three (3 each) additional Type ST-1M Signs in the Kitchen Offices that were omitted from
the original message schedule. All additional work shall be performed in accordance with the letter
from Geograph Industries dated November 8, 2004 (Item #2).
Add = $296.00
~
N
PROJECT LOCA TION
MULTI-
PURPOSE
ARENA
~
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CORPUS CHRISTI
BAY
-
EXHIBIT "C"
WA YFINDING SIGNAGE-MUL TI-PUR-
POSE ARENA & CONVENTION CTR.
CITY OF CORPUS CHRISTI, TEXAS
CITY COUNCIL EXHIBIT
DEPARTl./ENr OF ENGINEERING SERVICES
PAGE: 1 of 1
DATE: 12-14-2004
~
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29
AGENDA MEMORANDUM
SUBJECT: Cayo Del Oso Bridge Rehabilitation on Ocean Drive
TxDOT Off-State-System Federal-Aid Bridge Replacement and
Rehabilitation Program
AGENDA ITEM: Motion authorizing the City Manager, or his designee, issue
payment for the City share of Change Order No.5 to the Texas Department of
Transportation for the bridge rehabilitation on the Cayo Del Oso Bridge on
Ocean Drive (closest to the Naval Air Station) at a cost to the City not to exceed
$26,006.25
ISSUE: Authorization for payment greater than $25,000 requires Council action.
The payment is consistent with provisions of the Advanced Funding Agreement
executed by the City and TxDOT.
FUNDING: Funding for this improvement is available in the Storm Water Capital
Improvement Program.
RECOMMENDATION: Staff recommends approval of t~as presented.
ZI
A L I L /910'1
\-:'-0 TL Angel R. Escobar, P.E.,' I
Director of Engineering Services
ADDITIONAL SUPPORT MATERIAL:
Exhibit "A" Background Information
Exhibit "B" TXDOT Letter
Exhibit "C" Location Map
AGENDA MEMORANDUM
Additional Background Information
Proiect Description:
The rehabilitation of the Cayo Del 050 Bridge was authorized by the Texas Transportation
Commission Minute Order Number 107615 dated September, 1998 as part of the Off-
State-System Federal-Aid Bridge Replacement and Rehabilitation Program. The project
improvements include bridge foundation repair, concrete riprap and approximately 1330 I.f.
of hot mix overlay. The total estimated construction cost was $974,438 of which the City
was required to contribute $86,843.83.
Prior Council Actions:
January 19. 1999 - Approval of an Advanced Funding Agreement executed between the
City and TxDOT for Cayo Del Oso Bridge.
December 9, 2003 - Motion authorizing the City Manager, or his designee, to issue
payment to Texas Department of Transportation (TxDOT) for the bridge rehabilitation on
the Cayo Del Oso Bridge on Ocean Drive (closest to the Naval Air Station) at a cost to the
City not to exceed $86,843.83 (M2003-429).
Prior Administrative Actions:
Julv 30. 2004 - Administrative approval to authorize payment to TXDOT to increase
escrow in the amount $19,222.26 for Change Orders No.1, 2, and 3.
Chanae Order No.5: Change Order NO.5 provides payment for additional quantities of
embankment and riprap required by erosion due to storm surges. The erosion required a
buildup and placement of embankment and additional riprap not included in the original
contract. The City's cost share is 10% of the total of the contractor price with a 9.5%
markup for engineering and contingencies.
Future Actions: Change Order NO.4 is being processed by the contractor and TXDOT.
The City is responsible for participation in the amount of 10% of any increase in cost
associated with Change Order NO.4 and any additional future change orders. Increases in
excess of $25,000 will require Council action.
H:IHOMEIKEVINSIGENISTORMWA T\2070 CavoDelOsolC05AwdBkaExhA.doc
361 ~
TxOOT
033246p.m. 11-17-2004
1./~
*
I Texas Department of Transportation
P.O Box 9907. Corpus Christi, Texas 78469-9907. (361)808-2500. Fax (361)808-2320
November 17, 2004
Mr. Angel R. Escobar,P.E.
Director of Engineering Services
P. O. Box 9277
Corpus Christi, Texas 78469-9277
RE: PrOject:
Control:
Hwy:
County:
BH 99(575)
0916-35-073
Ocean Drive
Nueces
Dear Mr. Escobar:
Please disregard the advanced funding agreement for Change Order No.5 that was
mailed to you on November 12, 2004. Attached is the updated Change Order No.5
that shows the new quantity adjustments with the new amount of $237,500.00. Please
retum the original signed document along with a check in the amount of twenty-six
thousand six dollars and twenty- five cents ($26,006.25) to this office_ Be advised that
The City of Corpus Christi has a 1 0% project participation and currently has a zero dollar
amount in their Escrow Account.
This letter serves as the Departments written notice to The City of Corpus Christi for the
request of additional funds due to the deficit from this change order. Your immediate
response to this request will prevent any delays and allow the Contractor to pursue
work.
If you have any questions, please contact America Garza or myself at 361/808-2279.
Sincerely,
America B. Garza, E.1.
Corpus Christi Area OftjCfj,
cc:
Jose Geytan. P.E. Direct", Of Construction
An Equal Opportunity Employer
361+
TxOOT
033307pm
11-17 -2004
3/5
TEXAS DEPARTMENT OF TRANSPORTATION
CONSTRUCTION CONTRACT CHANGE ORDER NUMBER:
5
Advance Funding Agreement (Third Party Fundlng)lnformatJon
This form Is used when the subject change order Involves funding by a source other than TxDOT/U.S. DOT.
1. Outside funding provided by:
o Fixed Price (Lump Sum)
(Estimated Amount
$237,500.00
CCSJ: 0916.3S.()73
Project: BH 99(575)
Highway: OCEAN DRIVE
County: Nueces
District: CRP
Contract
Number: 01043027
City Corpus Christl
(Outside entity's Legal Name)
2. Type of outside funding agreement for this change:
o Existing
o Amended
[ Check one]
ONew
3. Indicate the type and amount of funding:
0Actual Cost
10% City of Corpus Christi
(a) Contract Items (Bid Items):
$237,500.00
(b) E&C':
(a) x
9.50% c
enter %
$22,562.50
Use as needed:
I hereby approve the modifications covered by Form CO
for this Change Order and agree to finance the addlUonal
costs, If any, as reflected by Ihls form.
(c) Indirect Cost":
(a+b)x
c
$0.00
enter 'I,
Advance Funding
Date
SUBTOTAL
$260,062.50
By
TOTAL
CITY OF CORPUS CHRISTl AMOUNT [10%]
$ 26.006.25
TypelPrinted Name
Typed/Printed Tille
Advance Funding for this Change Order has been arranged:
District Engineer
Date
TypedlPrinnted Name:
TXDOT Form CO-AFA IRev. 5.2003)
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30
CITY COUNCIL
AGENDA MEMORANDUM
AGENDA ITEM:
City Council Action Date: 12-14-04
MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER OR HIS DESIGNEE TO TAKE
THOSE ACTIONS NECESSARY TO NEGOTIATE A TEXAS MILITARY VALUE REVOLVING
LOAN WITH THE TEXAS PUBLIC FINANCE AUTHORITY TO ASSIST IN THE FINANCING OF
CERTAIN PROJECTS DIRECTLY ASSISTING THE LOCAL MILITARY FACILITIES AND
INITIATIVES AND TO PUBLISH SUCH NOTICES AS MAY BE NECESSARY.
ISSUE: During the last legislative session, the State established the Texas Military Value Revolving
Loan Fund to assist cities with projects directly affecting the United States Military. The City has
applied for financial assistance under the program and has been approved. In order to move forward,
the funding agreement must be negotiated.
REQUIRED CITY COUNCIL ACTION: In order to move forward at this stage, staff is requesting
council authorization for the City Manager or his designed to take all actions necessary to fully
negotiate a loan agreement up to the actual authorization of such agreement.
FUTURE COUNCIL ACTION: Assuming an acceptable loan agreement can be negotiated, the
Council will be requested to consider adoption of that loan agreement in order that the funding may
take place.
CONCLUSION AND RECOMMENDATION: The Texas Military Revolving Loan Fund is one of the
principal programs of the State of Texas to support local military installations and initiatives. Staff
believes that the utilization of the State partiCipation in activities designed to enhance our local military
installations and activities not only may be financially beneficial but also should signal our local
commitment as well as the State of Texas' commitment to our local military installations in the
upcoming Base Realignment and Closure proceedings. We solicit Council approval.
2J~_~
W. Thomas Utter
Special Assistant to the City Manager
BACKGROUND INFORMATION
During the last legislative session, the Texas Legislature recognized that the State must take a more
aggressive stance in providing state assistance to local communities to accomplish economic
development projects designed to enhance the military value of their military installations and
initiatives. This acknowledgement led to the establishment of the Texas Military Value Revolving
Loan Fund under the Texas Military Preparedness Commission.
This fall, the Texas Military Preparedness Commission solicited applications for loans under the
program. The City of Corpus Christi applied for funds under the program for three military initiatives,
as shown in the following table:
Project Texas Military TxDOT Local Funding Total Project
Value (Utilities)
Revolving
Loan Fund
Port Avenue 1,604,021 6,413,312 3,749,861 11,767,194
Waldron 2,474,000 0 3,238,000 5,712,000
NAS AICUZ 1,175,000 0 0 1,175,000
TOTALS 5,253,021 6,413,312 6,987,861 18,654,194
The three projects involved in the loan application involve the following:
1. Port Avenue: This project includes the complete reconstruction of Port Avenue running
from IH 37 through the Port of Corpus Christi to the Bayfront Arts and Sciences Park. The
project is designed to substantially facilitate the military deployment activities that continue
to be undertaken at the Port. The project has a substantial additional economic
development potential in also serving as an ingress and egress route to the new baseball
stadium as well as activities in the Bayfront Arts and Sciences Park. This project was
included in the last City bond election.
2. Waldron Road: Waldron Road serves as the major vehicular access way from the Corpus
Christi Naval Air Station to its outlying Waldron Field. The project involves substantial
expansion and renovation of Waldron Road in the vicinity of Waldron Field. This project
was also included in the last bond election.
3. NAS AICUZ: The Navy is planning to replace their existing T34C training airplane with a
new T6A trainer. This new aircraft will necessitate a lengthening of the runways at
Waldron Field and acquisition of additional land for the air installation compatible use zone
(AICUZ). As a result of the lengthening of the runways, a portion of Flour Bluff Drive will
be required to be relocated. A similar action was taken by the City in the mid-1980's to
purchase AICUZ land around the local military airfields.
The City's application for funding was approved by the Texas Military Preparedness Commission.
Under State statute, the Texas Military Preparedness Commission is required to seek approval and
authorization of the Texas Public Finance Authority, which issues all bonds for the State of Texas. On
December 2, 2004, the Texas Public Finance Authority Board met in Austin and not only considered
the request of the Texas Military Preparedness Commission to establish the revolving loan fund but
also heard a presentation from City staff on the City's application. The Finance Authority authorized
creation of the fund and specifically approved the City's request. The Finance Authority is now
undertaking the establishment of the loan fund and is beginning the negotiations with the City based
on the City's application.
31
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: 12-14-04
AGENDA ITEM:
Ordinance authorizing the City Manager to appoint a local Health Authority and execute a
Compensation Agreement for the protection of the public health, safety and welfare;
providing for severance, and declaring an emergency.
ISSUE: A Local Health Authority is necessary to provide services on behalf of the
Department of Public Health for the protection of the public health, safety and welfare.
REQUIRED COUNCIL ACTION: Council Action is required to authorize the City Manager to
appoint a Local Health Authority and execute a Compensation Agreement for the protection of the
public health, safety and welfare.
PRIOR COUNCIL ACTION: None
FUNDING: General Fund
CONCLUSION AND RECOMMENDATION: Staff recommends that City Council pass an
Ordinance authorizing the City Manager to appoint a Local Health Authority and execute a
Compensation Agreement for the protection of the public health, safety and welfare.
~Q,~
Margie C. ose
Assistant City Manager
AN ORDINANCE
AUTHORIZING THE CITY MANAGER TO APPOINT A LOCAL HEALTH
AUTHORITY AND EXECUTE A COMPENSATION AGREEMENT FOR
THE PROTECTION OF THE PUBLIC HEALTH, SAFETY, AND
WELFARE; PROVIDING FOR SEVERANCE; AND DECLARING AN
EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS, THAT:
SECTION 1. The City Manager is authorized to appoint a local health authority, in
accordance with Section 121.033 of the Texas Health and Safety Code, and to execute
a compensation agreement to provide services to the City's Department of Public
Health for the protection of the public health, safety, and welfare.
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, it will not affect any other section, paragraph,
subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite
intent of the City Council that every section, paragraph, subdivision, phrase, word, and
provision of this ordinance be given full force and effect for its purpose.
SECTION 3. Upon the 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
,2004.
ATTEST:
CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Samuel L. Neal, Jr.
Mayor
APPROVED: October 4, 2004
~.
Eliza h Hundley
Assistant City Attorney
for the City Attorney
EHord156.doc
Corpus Christi, Texas
day of
,2004
TO THE MEMBERS OF THE CITY COUNCIL:
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance, an emer-
gency 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
Melody Cooper
Henry Garrett
Bill Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
32
AGENDA MEMORANDUM
AGENDA ITEM:
December 1, 2004
1. Motion approving the Transmission and Grid Main Construction and
Reimbursement Agreement submitted by Kings Crossing Church of Christ, owner
and developer of King's Crossing Unit 13, Lot 1 A, Block 2 located on the south side
of Yorktown Boulevard between South Staples and Cimarron Boulevard for the
installation of 245 linear feet of a 12-inch PVC water grid main; and
2. Ordinance appropriating $10,959.63 from the Arterial Transmission & Grid Main
Trust Fund No. 4030-540450 to pay developer reimbursement request for the
installation of 245 linear feet of a 12-inch PVC water grid main to develop King's
Crossing Unit 13, Lot 1A, Block 2; and declaring an emergency.
ISSUE: Kings Crossing Church of Christ, owner and developer of King's Crossing Unit 13,
Lot 1A, Block 2, will start the installation of245 linear feet of a 12-inch PVC water grid main
along the south side of Yorktown Boulevard between the existing 12-inch water line
previously installed by others extending to the easterly boundary, upon the City Council
approval of the Transmission and Grid Main Construction and Reimbursement Agreement
and funds to pay for said installation are encumbered from the Arterial Transmission and
Grid Main Trust Fund in compliance with Ordinance No.0255424.
RECOMMENDATION: Staff recommends approval of the motion and ordinance as
presented.
B.A. Bailey A.1. .P.
Director of lopment Services
ATTACHMENTS:
Exhibit A
Exhibit B
Exhibit C
Exhibit D
Exhibit E
Exhibit F
Background Information
Location Map / Water line Exhibit Map
Water Layout
Application for Water Line Reimbursement
Cost Estimates
Construction and Reimbursement Agreement.
AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMATION
BACKGROUND: The development of King's Crossing Unit 13, Lot 1A, Block 2 required a
total extension of 245 linear feet of a 12-inch PVC water grid main along the south side of
Yorktown Boulevard. The water line ties to the existing 12-inch water line previously
installed east of the west property line of King's Crossing Unit 13, Lot 1A, Block 2 and will
extend 245-feet to the easterly boundary of said subdivision, (See Exhibit B - Location
Map).
The 12-inch PVC water grid main is required by the City's 1997 Water Distribution System
Master Plan and is eligible for reimbursement as a water grid main in accordance with the
platting Ordinance.
The total cost, submitted by the developer for the installation of 245 linear feet of 12-inch
PVC water grid main is $10,959.63. The developer has paid all applicable water acreage
fees.
The developer has submitted a Transmission and Grid Main Construction and
Reimbursement Agreement and supporting documentation in compliance with the
provisions of the Platting Ordinance. The application for the grid main reimbursement and
supporting documentation are attached, (see Exhibit C, Reimbursement Application).
Reimbursement is payable upon completion and acceptance of the water grid main work
by the City. The actual reimbursement will be determined based on the actual construction
cost not to exceed $10,959.63.
RECOMMENDATION:
presented.
Staff recommends approval of the motion and ordinance as
[I Exhibit A I]
Page 1 of 1
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EXHIBIT C
APPLICATION FOR WATERLINE REIMBURSEMENT
We, Kinl!S Crossiruz Church of Christ
, owner and developer of proposed Kin!!'s Crossing
Unit 13. Lot IA. Block 2 Subdivision, hereby request reimbursement of$ 10.959.63 for the installation of
the water grid main in conjunction with Kin!!'s Crossin!! Unit 13. Lot lA. Block 2 Subdivision, as provided
for by City Ordinance No. 17092. Said $ 10.959.63 is the construction cost, including 7-1/2% engineering,
as shown by the cost supporting documents attached herewith.
WINDSOR PARK CHURCH OF CHRIST
Jack it:i~ yf~
"I, /Q./
. 'Date
TIffi STATE OF TEXAS 0
COUNTY OF NUECES 0
This instrument was acknowledged before me on
by Jack L. North. Elder
?t~
/
,2004,
e NANETTE S. BULlARD
. i.*,. MY COMMISSION EXPIRES
..... Novembef19.2005
n~ 9/~u~c/
Notary Public in and for Nueces County, Texas
CERTIFICATION
The information submitted with the application for reimbursement has been reviewed and detennined to be
correct. Reimbursement is subject to:
(a) sufficiency offunds in the Grid ArteriaI Mains Trust Fund and
(b) appropri,Jlte and approval by the City Council.
l#~~
l! r of Engineering
(City Engineer)
I~~ 5'
( ate)
EXHIBIT D
Engineer: Murray F. Hudson
Client: Windsor Park Church of Christ
FINAL QUANTITIES
for
KING'S CROSSING UNIT 13, Lot lA, Blk 2
11/112004
Job No. 39604.00.00
ITEM DESCRIPTION QUAN. UNIT UNIT TOTAL
PRICE COST
A 12" GRID MAIN WATER LINE:
1 12" PVC C-900 245 LF $27.50 $6,737.50
2 6" PVC (e-900) 5 LF $16.50 $82.50
3 12''x12',)(6'' 0.1. Tee 1 EA $600.00 $600.00
4 12" Blow Off Valve w/Cap 1 EA $250. PO $250.00
5 6" Blow Off Valve w/Cao 1 EA $200.00 $200.00
6 12" Gate Valve and Box 1 EA $1,650.00 $1.650.00
7 6" Gate Valve and Box 1 EA $675.00 $675.00
WATERLINE ITEMS SUB-TOTAL: $10,195.00
ENGINEERING FEE III 7.50% 1 LS $764.63
REIMBURSEABLE ITEMS TOTAL: $10,959.63
Print Date:lll1l2OO4
Urban Engineering
2725 Swantner
Corpus Christi. TX 78404
1-361-854-3101
EXHIBIT E
TRANSMISSION AND GRID MAIN CONSTRUCTION
AND REIMBURSEMENT AGREEMENT
THE STATE OF TEXAS
COUNTY OF NUECES
This Transmission and Grid Main Construction and Reimbursement Agreement
("Agreement") is entered into between the City of Corpus Christi ("City"), a Texas home-
rule municipal corporation, P.O. Box 9277, Corpus Christi, Texas, 78469-9277, and Mr.
Mr. Jack L. North, Elder, Windsor Park Church of Christ, ("Developer"), 4420 S. Staples
St., Corpus Christi Texas 78411.
WHEREAS, Developer in compliance with the City Platting Ordinance, has filed a plat to
develop a tract of land of approximately 11.5 acres called King's Crossing Unit 13, Lot
1A, Block 2 located on the south side of Yorktown Boulevard, between South Staples
Street and Cimarron Boulevard, as shown in the attached Exhibit 1.
WHEREAS, the City's Water Distribution Master Plan, 1997, requires the construction of
12 inch PVC arterial transmission and grid main in order for the King's Crossing Unit 13,
Lot 1A, Block 2 to have water service; and
WHEREAS. under the Platting Ordinance, the Developer is responsible for construction
of 12 inch PVC arterial transmission and grid main; and
WHEREAS, under the Platting Ordinance, the Developer is eligible for reimbursement
of the Developer's costs for the construction of 12 inch PVC arterial transmission and
grid main; and
WHEREAS, it is essential that the 12 inch PVC arterial transmission and grid main be
constructed along Yorktown Boulevard in connection with the King's Crossing Unit 13,
Lot 1A, Block 2 for it will provide future service connections to the east of said Lot upon
completion of the King's Crossing Unit 13, Lot 1A, Block 2; and
WHEREAS, it is to the best interest of the City and the Developer for the 12 inch PVC
arterial transmission and grid main be constructed to the size and serve the area
specified in the Water Distribution Master Plan, 1997;
NOW, THEREFORE, for and in consideration of the mutual covenants in this
Agreement, the parties do Covenant and agree as follows:
1. REQUIRED CONSTRUCTION
The Developer shall construct the 12 inch PVC arterial transmission and grid main
needed for the King's Crossing Unit 13, Lot 1A, Block 2 in compliance with the City's
Platting Ordinance and under the plans and specifications approved by City Engineer.
EXHIBIT F
2. PLANS AND SPECIFICATIONS
a. The Developer shall contract with a professional engineer, acceptable to the
City's Director of Engineering Services, to prepare plans and specifications for
the 12 inch PVC arterial transmission and grid main, as shown in Exhibit 2,
with the following basic design:
(1) Install 245 linear feet of 12" PVC transmission/grid main.
(2) Install 5 linear feet of 6" PVC
(3) Install 1 (one) 12-inch X 12-inch Tee.
(4) Install 1 (one) 12-inch Blow off Valve w/Cap.
(5) Install 1 (one) 6-inch Blow Off Valve w/Cap.
(6) Install one (1) 12-inch Gate Valve and Box.
(7) Install one (1) 6-inch Valve and Box.
(8) The water grid main will be plugged at the east terminal point for future
connection.
b. The plans and specifications must comply with City Standard Water Detail
Sheets and Standard Specifications.
c. Before the Developer starts construction the plans and specification must be
approved by the City's Director of Engineering Services.
3. SITE IMPROVEMENTS
Prior to construction of the 12 inch PVC arterial transmission and grid main, Developer
shall acquire and dedicate to the City the required utility easement or right-of-way for
the installation of 12 inch PVC arterial transmission and grid main.
4. PLATTING FEES. Developer shall pay to the City of Corpus Christi the required
acreage fees and pro-rata fees as required by the Platting Ordinance.
5. DEVELOPER AWARD CONTRACT FOR IMPROVEMENTS. Developer shall award
a contract and complete the 12-inch water and grid main, in accordance with the
approved plans and specifications, by December 31,2005.
6. REIMBURSEMENT.
a. The City will reimburse the Developer 100% of the cost of the 12 inch PVC arterial
transmission and grid main, not to exceed $10,959.63, within 30 days upon invoicing by
the Developer, if the work has been completed and has been inspected and accepted
by the City. The City agrees to conduct periodic inspections of the progress of the work
at key points during the construction.
b. The City will reimburse the Developer for expenses incurred for the preparation of
plans and specifications for the 12 inch PVC arterial transmission and grid main by the
professional engineer hired by the Developer. However, the expenses may not exceed
7.5% of the costs of construction of the 12-inch water grid main.
7. INDEMNlF/CA TlON. Developer shall indemnify and hold harmless the City, its
agents, officers, and employees from all suits, actions, or claims and from all /iability for
any and all injuries or damages sustained by any person, including without /imitation
workers compensation, personal injury or death, arising from or incident to this 12 inch
PVC arterial transmission and grid main construction.
8. Developer further agrees, in compliance with the City of Corpus Christi Ordinance
No. 17112, to complete, as part of this Agreement, the Disclosure of Ownership
interests form attached hereto as Exhibit 3.
9. This agreement becomes effective and is binding upon and shall inure to the benefit
of the City and Developer, and their respective heirs, successors, and assigns from and
after the date of execution.
EXECUTED IN DUPLICATE originals, this
day of
,2004.
ATTEST:
THE CITY OF CORPUS CHRISTI
By:
Armando Chapa
City Secretary
Assistant City Manager
APPROVED:
'1 dayof 4r~
,2004
By:
~~
Joseph arney If
Assistant City Attorney
For City Attorney
THE STATE OF TEXAS
COUNTY OF NUECES
This instrument was acknowledged before me on , 2004, by
George K. Noe, City Manager, City of Corpus Christi, Texas, a Texas home-rule
municipal corporation, on behalf of the corporation.
Notary Public, State of Texas
DEVELOPER:
By Ja'~..g
Windsor Park Church of Christ
THE STATE OF TEXAS
COUNTY OF NUECES
This instrument was acknowledged before me on .'--<<ember qth ,2004, by Jack
L. North, as Elder of the Windsor Park Church of Christ.
(-tr '~ ! ~ ---- cr-
Notary Public, Stat6 of Texas
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F IE CITY OF CORPUS CHRISTI
DISCLOSURE OF INTERESTS
City of Corpus Christi On:llnance 17112, as amended, requires all persons or firms seeking to do business
with the City to provide the following Information. Every question must be answered. If the question is not
applicable, answer with "NA ".
FIRM NAME:
STREET:
FIRM Is: 1.
6.
WINDSOR PARK CHURCH OF CHRIST
4420 S. StlIDies CITY:
corpOration#. 2. Partnership
Other D
Comus Christi
3. Sole OWner D
ZIP: 78411
4. Association D
DISCLOSURE QUESTIONS
If additional space Is necessary, please use the reverse side of this page or attach separate sheet
1. State the names of each "employeen of the City of Corpus Christi having an "ownership interest"
constllutlng 3% or more of the ownership In the above named "firm".
Name N/A Job Title and City Department (If known)
2. State the names of each "officialn of the City of Corpus Christi having an "ownership interest"
constituting 3% or more of the ownership In the above named "firm".
Name N/A Title
3. State the names of each "board member" of the City of Corpus Christi having an "ownership Interestn
constituting 3% or more of the ownership In the above named "firmn.
Name N/A Board, Commission or Committee
4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worfred
on any matter related to the subject of this contract and has an "ownership Interestn constituting 3% or
more of the ownership In the above named "firm".
Name N/A Consultant
CERTlFlCA TE
I certify that all information provided Is true and correct as of the date of this statement, that I have not
knowingly withheld disclosure of any Information requested; and that supplemental statements will be
promptly submitted to the City of Corpus Christi, Texas as changes occur.
Certlfytng Person; Jack L. North
(Type or Print)
Signature of Certifying Person: ~);1 ~
Title; Elder
Date: 12-/2./01
EXHIBIT 3
AN ORDINANCE
APPROPRIATING $10,959.63 FROM THE WATER ARTERIAL
TRANSMISSION AND GRID MAIN TRUST FUND NO. 4030-
540450 TO PAY DEVELOPER REIMBURSEMENT REQUEST
FOR THE INSTALLATION OF 245 LINEAR FEET OF A 12 INCH
PVC WATER GRID MAIN TO DEVELOP KING'S CROSSING
UNIT 13, LOT 1A, BLOCK 2; AND DECLARING AN
EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS:
SECTION 1. That $10,959.63 from the Water Arterial Transmission and Grid
Main Trust Fund No. 4030-540450 is appropriated to pay developer (King's
Crossing Church of Christ) reimbursement request for the installation of 245
linear feet of an 12-inch PVC water grid main to develop King's Crossing Unit 13,
Lot 1A, Block 2.
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 shall take effect upon first reading as an emergency this the 14th of
December, 2004.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Samuel L. Neal, Jr.
Mayor
APPROVED
ik/~ P
,2004.
By:
~ 14----- /
Joseph arney I
Assistant City Attorney
For City Attorney
Ord-appr-KingChurch
Corpus Christi, Texas
day of
,2004
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: INVe, therefore, request that
you suspend said Charter rule and pass this ordinance finally on the date it is
introduced, or at the present meeting of the City Council.
Respectfully,
Respectfully,
Samuel L. Neal, Jr., Mayor
City of Corpus Christi
Council Members
The above ordinance was passed by the following vote:
Samuel L. Neal, Jr.
Brent Chesney
Javier D. Colmenero
Melody Cooper
Henry Garrett
Bill Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
Ord-appr-KingChurch
33
AGENDA MEMORANDUM
AGENDA ITEM:
December 8, 2004
a. Motion approving the Sanitary Sewer Construction and Reimbursement Agreement submitted by
Hogan Development Company, L.P., owner and developer of Los Vientos at Terra Mar Unit 1
subdivision iocated south of Wooldridge Road west of Cayo Del Oso for the installation of 161 linear
feet, over-size, over-depth, 15-inch PVC and 400 linear feet, over-size, over-depth, 12-inch PVC
sanitary sewer collection lines along Wooldridge Road within the limits of the subdivision, and
b. Ordinance appropriating $11,929.51 from the Sanitary Sewer Collection Line Trust Fund No.4220-
540450 to pay Hogan Development Company, L.P., for the installation of 161 linear feet, over-size.
over-depth, 15-inch PVC and 400 linear feet, over-size, over-depth, 12-inch PVC sanitary sewer
collection lines along Wooldridge Road within the limits of the subdivision as specified in the Sanitary
Sewer Construction and Reimbursement Agreement to develop Los Vientos at Terra Mar Unit 1
subdivision; and declaring an emergency.
ISSUE: Hogan Development Company L.P., owner and developer of proposed Los Vientos at Terra Mar Unit
1 subdivision, will start the installation of 161 linear feet, over-size, over-depth 15-inch PVC and 400 linear
feet, over-size, over-depth sanitary sewer collection lines aiong Wooldridge Road within the limits of the
subdivision once the City Council approves the Sanitary Sewer Construction and Reimbursement Agreement
and funds to pay for said installation are encumbered from the Sanitary Sewer Collection Line Trust Fund in
compliance with Ordinance No.025424.
RECOMMENDATION: Staff recommends approval of the motion and ordinance as presented.
ATTACHMENTS:
~
Director of Development Services
Exhibit A.
Exhibit 8
Exhibit 8-1
Exhibit C
Exhibit D
Exhibit E
Exhibit F
Background Information
Area Map
Location Map - 15", 12" Sanitary Sewer Mains
Cost Estimate Calculations
Application for Sewer Line Reimbursement
Application for Sewer Line Credit
Sanitary Sewer Construction and Reimbursement Agreement
AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMATION
BACKGROUND: The development and platting of Los Vientos at Terra Mar Unit 1 subdivision located south
of Wooldridge Road, west of Cayo Del Oso required the over-size and over-depth extension of a 15-inch PVC
and a 12-inch PVC sanitary sewer collection line along the south side of Wooldridge Road within the limits of
the subdivision. The over-size and over-depth 15-inch PVC and 12-inch PVC sanitary sewer collection lines
as proposed, will be of sufficient depth and slope to serve future development along Wooldridge Road beyond
the boundaries of Los Vientos at Terra Mar Unit 1 subdivision. The sanitary sewer collection lines along
Wooldridge Road are reimbursable according to the Platting Ordinance Sections V.B.6.f) (2), V.B.6.f) (2) (I),
V.B.6.f) (2) (ii). Following is a detail description of proposed sanitary sewer collection line extension work and
reimbursement calculations.
OFFSITE-OVER-SIZE. OVER.DEPTH
1. 161 linear feet of 15-inch PVC sanitary sewer collection main will be constructed along the south side of
Wooldridge Road beginning at the west boundary of Los Vientos at Terra Mar Unit 1 subdivision and
extending easterly to proposed manhole MH A4 at the future intersection of Las Brisas Street and
Wooldridge Road. Approximately 42-feet of 15-inch PVC sanitary sewer collection main within these
limits will be installed as part of the construction of Lift Station 11 and is not part of this
reimbursement (see Exhibit B-1)
2. 400 linear feet of a 12-inch PVC sanitary sewer collection main will be constructed beginning at proposed
manhole MH A4 at the future intersection of Las Brisas Street and Wooldridge Road extending along
Wooldridge Road to the east property line of the subdivision. (See exhibit B-1)
In accordance with the reimbursement criteria in the Platting Ordinance, the 20.18-acre development of Los
Vientos at terra Mar Unit 1 subdivision is eligible for a maximum reimbursement equivalent to 50 % of the
mathematical product obtained by multiplying the offsite pipe diameter in inches by the fee value of the
property. The fee value of the property is $27,063.00 (97 lots x $279), and the average pipe diameter in inches
is 13.5. Therefore, maximum reimbursement is, (13.5 X 27,063.00.00) X.50 = $182,675.25.
The developer has submitted construction costs for the installation of 161 linear feet, 15-inch PVC and 400
linear feet 12-inch PVC over-size, over-depth sanitary sewer distribution lines along Wooldridge Road with a
total cost of $38,992.51. This amount is less than maximum reimbursement amount permitted by Platting
Ordinance (See exhibit C) for calculation details. Since the developer has not paid platting wastewater
acreage fees totaling $27,063.00 the reimbursement amount due to the developer is the difference between
the cost of installation and non-paid fees or: $38,992.51 - $27,063.00 = $11,929.51.
Reimbursement would be payable upon completion and acceptance of the sanitary sewer collection line work
with the actual reimbursement to be determined based on the actual construction cost and not to exceed
$11,929.51.
RECOMMENDATION: Staff recommends approval of the motion and ordinance as presented.
II Exhibit A II
Page 1 of 1
Walter Jarrin~~~ Des~~~emorandum S~t7PcJf
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Loe VIENTOS AT TERRA MAR UNIT 1
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EXHIBIT B
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Waller Jarnr1~ S~Design Mem()r,andum ,Sht 9.pdf___
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f1S'-1~' SEWER
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0/5 SERVICE
AREA 116
(102 AC. )
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AREA 11A
1284 AC.I
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SEWER COLLECTION
MAIN REIMBURSEMENT
LOS VIENTOe AT TERRA MAR UNIT I
. ~ ~n-:-e~~
_._,u..w..__.ra""'~.r._).......
MIK.O"
EXHIBIT B-1
Exhibit C
Wastewater CrediUReimbursement
Los Vientos at Terra Mar - Unit 1
Over Size Installation as Requested by the City of CC to Serve Adjacent Offsite Property
ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL PRICE
NO.
1. 12" SDR 26 PVC SS Main (20-25' Cut) (Crushed $ 18,800.00
Stone Embedment) 400 LF $ 47.00
2. 15" SDR 26 PVC SS Main (20-25' Cut) (Crushed $ 8,372.00
Stone Embedment) 161 LF $ 52.00
3. 5' Dia. SS Manhole (20-25' Deep) 2 EA $ 10,800.00 $ 21,600.00
4. 12" SS Plu 1 EA $ 200.00 $ 200.00
5. 15" SS Plu 1 EA $ 200.00 $ 200.00
6. Locate & Connect to Existin 15" Stub-Out 2 EA $ 1,000.00 $ 2,000.00
7. Well POintin (Assumed for Cuts> 20') 561 LF $ 0.10 $ 56.10
8. OSHA Trench Protection Required for Cuts> 5') 561 LF $ 1.00 $ 561.00
Subtotal for City Requested Over Size Installation $ 51,789.10
Minimum Installation as Required to Serve Only Los Vientos Units 1-3
ITEM
NO.
DESCRIPTION
QUANTITY UNIT UNIT PRICE TOTAL PRICE
9. 15" SDR 26 PVC SS Main (20-25' Cut) (Crushed
Stone Embedment) 70 LF $ 52.00 $ 3,640.00
10. 5' Dia. SS Manhole (20-25' Deep 1 EA $ 10,800.00 $ 10,800.00
11. Locate & Connect to Existin 15" Stub-Out 1 EA $ 1,000.00 $ 1,000.00
12. Well Pointin (Assumed for Cuts> 20') 70 LF $ 0.10 $ 7.00
13. OSHA Trench Protection (Re uired for Cuts> 5' 70 LF $ 1.00 $ 70.00
Subtotal for Minimum Required Installation $ 15,517.00
Difference Between Minimum Depth and Over Depth Installations $ 36,272.10
Subtotal Eligible for Credit/Reimbursement
Engineering (7.5%)
Total Eligible for Credit/Reimbursement
Less Wastewater Lot Acreage Fee (97 Lots @ $279 Per Lot) (Credit)
$
$
$
$
36,272.10
2,720.41
38,992.51
27,063.00
Exhibit C
Los Veintos at Terra Mar Unit 1
Page 1 of 1
EXHIBIT C
APPLICATION FOR SEWER LINE REIMBURSEMENT
I, Hogan Development Company. L.P. owner and developer of proposed
/I 92.9.51
Subdivision, hereby request reimbursement of $~.97Q. U for the installation of the sewer collection line in
conjunction with Los Vientos at Terra Mar Unit I Subdivision, as provided for by City Ordinance No. 17396.
1 ~ 92'l.5/
Said $ 57.979.15 is the construction cost, including 7-1/2% Engineering, in excess of the lot/acreage fee, as
shown by the cost supporting documents attached herewith.
/Y~ +6;?~dz.!f-
(Developer)
r#/f~""r . ~
I-I{;f",,""'.)Pve/YJ.,.,e-v7 .
/2. -oC-oy
(Date) ,
THE STATE OF TEXAS 0
COUNTY OF NUECES 0
This instrument was acknowledged before me on 1:1- b ,2004 by Po 1ft I'l1.co(l €
,"..;;..;;...... P^'JTY L MOORE
~~~.......~..,_ 1"'\ .
! i~'.;. Notary Public
\\.~..j'J State of Texas
~:~:di:t;/My Comm. Exp. 11/29/2005
~.
CER TIFICA TION
The information submitted with this application for reimbursement has been reviewed and determined to be
correct. Reimbursement is subject to:
(a) sufficiency of funds in the Collectionffrunk Line Trust Fund
(b) appropriation and approval by the City Council
/
',;1..4~~
(Date)
EXHIBIT D
APPLICA nON FOR SEWER LINE CREDIT
I, HOllan Development Companv. L.P. , owner and developer of proposed Los Vientos at Terra
Mar Unit I Subdivision, hereby apply for $27.063.00 credit towards the sewer lot/acreage fee for the
collection line extension installed in cOIUunction with Los Vientos at Terra Mar Unit 1
Subdivision as provided for by City Ordinance No. 17396. Said $27.063.00 is the construction cost,
including 7-1/2% Engineering, as shown by the cost supporting documents attached herewith.
#~ ~?~",,-,M~Ify<'.,-
./ /
(Deve!epe~. ~
l-iocf/f~ v"ve/~....@~ec..
12-6-0)/
(Date)
THE STATE OF TEXAS a
COUNTY OF NUECES a
This instrument was acknowledged for me on
,v I/t OfN //t
J:3.-b -
2004 by PQ if,! /... Mrnf1 ~
';;;;;:~~i:\ PATTY L. MOORE
(1 ~''\ \ Notary Public
\\.~~i State of Texas
: \~'!.,~/MY Comm. Exp. 11/29/2005?
CER TIFICA TION
Notary Pu . n and for Nueces County, exas
The information submitted with this application has been reviewed and determined
,".
to be correct and a credit for $ :1,/ /)/''1 - is herewith approved.
--
/v ~1=-
D' tor of Engineering
ity Engineer)
Date
EXHIBIT E
SANITARY SEWER COLLECTION LINE EXTENSION CONSTRUCTION
AND REIMBURSEMENT AGREEMENT
THE STATE OF TEXAS
COUNTY OF NUECES
This Sanitary Sewer Collection Line Extension Construction and Reimbursement
Agreement ("Agreement") is entered into between the City of Corpus Christi ("City"), a
Texas home-rule municipal corporation, P.O. Box 9277, Corpus Christi, Texas, 78469-
9277, and Hogan Development Company, L.P. ("Developer"), of 800 N. Shoreline, Suite
350 Corpus Christi, Texas 78401
WHEREAS, Developer in compliance with the City Platting Ordinance, plans to develop
a tract of land, of approximately 20.18 acres called Los Vientos at Terra Mar Unit 1 on
the south side of Wooldridge Road west of Cayo Del Oso, as shown on the attached
Exhibit 1.
WHEREAS, the City's Sanitary Sewer Master Plan requires the construction of a
Sanitary Sewer Collection Line Extension in order for the development to have sanitary
sewer service; and
WHEREAS, under the Platting Ordinance, the Developer is responsible for construction
of a Sanitary Sewer Collection Line Extension; and
WHEREAS, under the Platting Ordinance, the Developer is eligible for reimbursement
of the Developer's costs for the oversized and over-depth portion of the construction of
a Sanitary Sewer Collection Line Extension; and
WHEREAS, it is essential that a portion of the Sanitary Sewer Collection Line Extension
be constructed in connection with the development for service to be provided upon
completion of the development; and
WHEREAS, it is to the best interest of the City and the Developer for the oversized and
over-depth Sanitary Sewer Collection Line Extension be constructed in its permanent
sizing and location as specified in the Sanitary Sewer Master Plan for the Southern
Area of Corpus Christi, 1983 as amended by Ordinance No. 17743.
NOW, THEREFORE, for and in consideration of the mutual covenants in this
Agreement, the parties do covenant and agree as follows:
1. REQUIRED CONSTRUCTION
The Developer shall construct the Sanitary Sewer Collection Line Extension needed for
the development in compliance with the City's Platting Ordinance and under the plans
and specifications approved by City Engineer.
,
EXHIBIT F
2. PLANS AND SPECIFICATIONS
A. The Developer shall contract with a professional engineer, acceptable to the City's
Director of Engineering Services, to prepare plans and specifications for the offsite and
oversized over-depth Sanitary Sewer Collection Line Extension, as shown in Exhibit 2,
with the following basic design:
(I) OVER-SIZE, OVER-DEPTH SANITARY SEWER COLLECTION LINE _
WOOLDRIDGE
i. Install approximately 161 linear-feet of 15 inch PVC pipe.
ii. Install approximately 400 Linear-feet of 12 inch PVC pipe.
iii. Install two (2) manholes, 5 feet in diameter.
iv. Install one (1) 12 inch SS Plug
v. Install one (1) 15 inch SS Plug.
vi Crushed stone embedment for pipe.
vii. Well Pointing (for cuts> 20 feet).
viii. OSHA trench protection (for cuts> 5 feet)
B. Before the Developer starts construction the plans and specification for the Sanitary
Sewer Collection Line must be approved by the City's Director of Engineering Services.
3. SITE IMPROVEMENTS
Prior to construction of the sanitary sewer trunk Sanitary Sewer Collection Line,
Developer shall will acquire and dedicate to the City the any required additional street
right-of-way or utility easements.
4. PLATTING FEES.
Developer shall pay to the City of Corpus Christi the required acreage fees and pro-rata
fees as required by the Platting Ordinance.
5. DEVELOPER AWARD CONTRACT FOR IMPROVEMENTS
Developer shall award a contract and complete the sanitary sewer trunk Sanitary Sewer
Collection Line, under the approved plans and specifications, by December 31,2005.
Page 2 of 5
6. REIMBURSEMENT
a. The City will reimburse the Developer 100% of the reasonable cost, not to exceed
$11,929.51 of the oversized over-depth, Sanitary Sewer Collection Line within 30 days
upon invoicing by the Developer, if the work has been completed and has been
inspected and accepted by the City.
b. The City will reimburse the Developer for expenses incurred for the preparation of
plans and specification and supervision of the construction of the Sanitary Sewer
Collection Line by the professional engineer hired by the Developer. However, the
expenses may not exceed 7.5% of the costs of construction.
7. INDEMNIFICA TlON. Developer shall indemnify and hold harmless the
City, its agents, officers, and employees ("Indemnitees'~ from all suits,
actions, or claims and from all liability for. any and all injuries or damages
sustained by any person, including without limitation workers
compensation, personal injury or death, arising from or incident to this
Sanitary Sewer Collection Line construction.
8. Developer further agrees, in compliance with the City of Corpus Christi Ordinance
No. 17112, to complete, as part of this Agreement, the Disclosure of Ownership
interests form attached as Exhi.bit 3.
9. This agreement becomes effective and is binding upon and shall inure to the benefit
of the City and Developer, and their respective heirs, successors, and assigns from and
after the date of execution.
Page 3 of 5
EXECUTED IN DUPLICATE originals, this 02 day of Dec.9~bl!!!r- ,2004.
DEVELOPER:
By:
~+~4~
Neill F. Amsler III, Manager
Hogan Development Company, L.P.Owner
THE STATE OF TEXAS
COUNTY OF NUECES
This instrument was acknowledged before me on Pec:.en. be... ca ,2004, by Neill
F. Amsler "j~~,.q~ A':~.~~~]' tcompan~Y. L.P., as owner/devfJl.<>p~r.
; ~P'(~ ofTexu ~ ( /7 ~ .
2.Of . Exp. 03-274007 a.
1I'C:f(\:f(\:I!GII'C:II'C:((:cacaC'(:r.c:cacall'C:r.::cc:cc:cacrc:cacc:cc:f.:':ca'c: . _~__
Notary Public, Sta.te of Texas
lYIac-k, "-. S'rn"n
Page 4 of 5
EXECUTED IN DUPLICATE originals, this 08 day of Decern.ber ,2004.
DEVELOPER:
By: /f/~~~~tt----
Neill F. Amsler III, Manager
Hogan Development Company, L.P.Owner
THE STATE OF TEXAS
COUNTY OF NUECES
This instrument was acknowledged before me on 'De.e.ernbe.t"" o~ ,2004, by Neill
F. Amsler III, Manage, ogan Development Company, L.P., as owner/developer.
l:ij:.. d~f..l. .-
~ ~~.,,~ ConmExp.03-27-2007 ~ ~JL.u~A~~
Gv",,,,"''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''' Notary Public, State of Texas
Ma....k 1:....5.'.....0....
Page 4 of 5
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
By:
George K. Noe
City Manager
Approved as to form only ~./ r' J~ 'i , 2004
~/L 1A.-- /
Joseph arney 0
Assistant City Attorney
For City Attorney
THE STATE OF TEXAS
COUNTY OF NUECES
This instrument was acknowledged before me on , 2004, by
George K. Noe, City Manager, City of Corpus Christi, Texas, a Texas home-rule
municipal corporation, on behalf of the corporation. .
Notary Public, State of Texas
Page 5 of 5
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- -
DISCLOSURE OF INTERESTS
City of Corpus Christi ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to
provide the following information. Every question must be answered. If the question is not applicable, answer with "NA".
FIRST NAME: Hogan Development Company, L.P.
STREET:
800 N. ShorP-l inp.r Sl1itp. '1'i0
CITY: Corpus Christi
ZIP:
78401
FIRM IS: 01. Corporation 1XJ2. Partnership 03. Sole Owner 04. Association 05. Other
DISCLOSURE QUESTIONS
If additional space is necessary, please use the reverse side of this page or attach separate sheet.
1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3%
or more of the ownership in the above named "firm".
Name
Job Title and City Department (if known)
f;;
2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or
more of the ownership in the above named "firm".
Name
Title
/f4
3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting
3% or more of the ownership in the above named "firm".
Name
Board, Commission, or Committee
Planning Commission
Neill F. Amsler, III
4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any
matter related to the subject of this contract and has an "ownership interest" constituting 35 or more of the
ownership in the above named "firm".
Name
Consultant
~
CERTIFICATE
I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld
disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of
Corpus Christi, Texas as changes occur.
Certifying Person: .LV e, II /: /! nt..f' A- r ...ill
(TypeOrprint~ ~.' L
Signature of Certifying Person: , ~ // /"17?/Cf7 ..?--
Title: ~Nr('/
Date: /1-,) Y - it? /'"
,
EXHIBIT 3
AN ORDINANCE
APPROPRIATING $11,929.51 FROM THE SANITARY SEWER
COLLECTION LINE TRUST FUND NO. 4220-540450 TO PAY
HOGAN DEVELOPMENT COMPANY, FOR THE INSTALLATION
OF 161 LINEAR FEET OVERSIZE, OVERDEPTH 15-/NCH PVC
AND 400 LINEAR FEET OVERSIZE, OVER DEPTH 12-INCH PVC
SANITARY SEWER COLLECTION LINES ALONG
WOOLDRIDGE ROAD WITHIN THE LIMITS OF THE
SUBDIVISION AS SPECIFIED IN THE SANITARY SEWER
CONSTRUCTION AND REIMBURSEMENT AGREEMENT, TO
DEVELOP LOS VIENTOS AT TERRA MAR UNIT 1
SUBDIVISION; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS:
SECTION 1. That $11,929.51 from the Sanitary Sewer Collection Line Trust
Fund No. 4220-540450 is appropriated to pay Hogan Development Company's
reimbursement request for the installation of 161 linear feet oversize, over-depth
15-inch PVC and 400 linear feet oversize, over-depth 12-inch PVC sanitary
sewer collection lines along Wooldridge road within the limits of the subdivision
as specified in the Sanitary Sewer Construction and Reimbursement Agreement.
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 shall take effect upon first reading as an emergency this the 14th day
of December, 2004.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Samuel L. Neal, Jr.
Mayor
APPROVED
(tfnJ,___ q
,2004.
~t~~
Jose Harney 0-
Assistant City Attorney
For City Attorney
By:
Ord-appr- VtosTM-ss
Corpus Christi, Texas
day of
,2004
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: INVe, therefore, request that
you suspend said Charter rule and pass this ordinance finally on the date it is
introduced, or at the present meeting of the City Council.
Respectfully,
Respectfully,
Samuel L. Neal, Jr., Mayor
City of Corpus Christi
Council Members
The above ordinance was passed by the following vote:
Samuel L. Neal, Jr.
Brent Chesney
Javier D. Colmenero
Melody Cooper
Henry Garrett
Bill Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
Ord-appr- VtosTM -ss
34
AGENDA MEMORANDUM
AGENDA ITEM:
November 18, 2004
1. Motion approving the Transmission and Grid Main Construction and
Reimbursement Agreement submitted by Hogan Development Company, L.P.,
owner and developer of Los Vientos at Terra Mar Unit 1 subdivision located south of
Wooldridge Road west of Cayo Del Oso for the installation of 610 linear feet of a
12-inch PVC water grid main; and
2. Ordinance appropriating $11,034.38 from the Arterial Transmission & Grid Main
Trust Fund No. 4030-540450 to pay developer reimbursement request for the
installation of 610 linear feet of a 12-inch PVC water grid main to develop Los
Vientos at Terra Mar Unit 1 subdivision; and declaring an emergency.
ISSUE: Hogan Development Company L.P., owner and developer of Los Vientos at Terra
Mar Unit 1 subdivision, will start the installation of 610 linear feet of a 12-inch PVC water
grid main along the south side of Wooldridge Road along the subdivision frontage. The
proposed water grid main will be connected to the existing public water system through the
proposed subdivision to Calgary Drive. The proposed water grid main along Wooldridge
Road will be plugged on both east and west ends to allow for future connection, once the
City Council approves the Transmission and Grid Main Construction and Reimbursement
Agreement, and funds to pay for said installation are encumbered from the Arterial
Transmission and Grid Main Trust Fund in compliance with Ordinance No.025424.
RECOMMENDATION: Staff recommends approval of the motion and ordinance as
presented.
ATTACHMENTS:
Exhibit A.
Exhibit B
Exhibit B-1
Exhibit C
Exhibit D
Exhibit E
Exhibit F
Background Information
Area Map
Water Main Location Map
Reimbursement Application
Application for Waterline Credit
Cost Estimates
Transmission and Grid Main Construction and Reimbursement Agreement
AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMATION
BACKGROUND: The development and platting of Los Vientos at Terra Mar Unit 1
subdivision required a total extension of 610 linear feet of a 12-inch PVC water grid main
along the south side of Wooldridge Road. The water line will extend along the frontage of
the subdivision and it will be connected to the existing public water system through the
proposed subdivision to Calgary Drive. The proposed 12-inch water grid main along
Wooldridge Road will be plugged on both east and west ends to allow for future connection
as development occurs. (See Exhibit B - Area Map and B -1 Water Main Location Map).
The 12-inch PVC water grid main is required by the City's 1997 Water Distribution System
Master Plan and is eligible for reimbursement as a water grid main in accordance with the
Platting Ordinance.
The total cost submitted by the developer for the installation of 610-feet of 12-inch PVC
water grid main $ 23,741.38. Because the developer has not paid the City of Corpus Christi
assessed acreage fees of $ 12,707.00 the reimbursed amount due to the developer is the
difference between the cost of installation of the water grid main and the acreage fees.
Therefore, the total reimbursement owed to Hogan Development Company, L.P.,
developer of Los Vientos at Terra Mar, Unit 1 subdivision is $11,034.38.
The developer has submitted a Transmission and Grid Main Construction and
Reimbursement Agreement and supporting documentation in compliance with provisions of
the Platting Ordinance. The Application for the grid main reimbursement and supporting
cost documentation are attached (see Exhibit C, Reimbursement Application and C-1
Application for Water Line Credit).
Reimbursement would be payable upon completion and acceptance of the water grid main
work with the actual reimbursement to be determined based on the actual construction cost
and not to exceed $11,034.38.
RECOMMENDATION:
presented.
Staff recommends approval of the motion and ordinance as
II Exhibit A II
Page 1 of 1
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Loe VIENTOS AT TERRA MAR UNIT 1
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EXHIBIT B
WOOLDRIDGE ROAD
CALGARY DRIVE
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610'- 12" PROPOSED GRID MAIN
(FOR REIMBURSEMENT)
PROJECT AREA
WATER GRID MAIN
REI MB U RS EM E NT
LOS VIENTOS AT TERRA MAR UNIT 1
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EXHIBIT B-1
,
APPLICATION FOR WATERLINE REIMBURSEMENT
I, Hogan Development Companv L.P. . owner and developer of proposed Los Vientos at
Terra Mar - Unit I Subdivision, hereby request reimbursement of$ 11.034.38 for the installation of
the water grid main in conjunction with Los Vientos at Terra Mar Unit I Subdivision, as provided
for by City Ordinance No. ] 7092. Said $ 11.034.38 is the construction cost, including 7.5%
Engineering, in excess of the lot/acreage fee, as shown by the cost supporting documents attached
herewith.
THE STATE OF TEXAS
$.>>"r ~~ ~.
. !Developer)
IV t I II ,c: -"T '" S /,. ~ ~ ,,#,!..v1Jt"/
)(
//-c1 y..C Y
(Date)
COUNTY OF NUECES )(
This instrument was acknowledged before me on ~ytl,t.~ ;? <I
h~. ~~I'r;v'd'~
0, . halfo
,200 tby
PATRICIA ANN t OPEl
Notal\, Public. S'~He of Texas
M'r Commis.s+. '/1 Expires
Ai..gusl 02, 2006
e Saj~"'Lr___t8n.
t-', ~r"'t"'.r4~
CERTIFICATION
The information submitted with this application for reimbursement has been reviewed and
determined to be correct. Reimbursement is subject to:
and
(a) sufficiency of funds in the (Distribution Main) (Grid and Arterial Main) Trust Fund,
(b) appropriation and approval by the City Council.
('
~
rector of Engineering
(City Engineer)
1Z-/~.44'
(Date /
EXHIBIT C
APPLICATION FOR WATERLINE CREDIT
I, Hogan Develooment Comoanv. L.P. , owner and developer of proposed Los Vientos at
Terra Mar Unit I Subdivision, hereby apply for $12.707.00 credit towards the water lot/acreage fee
for the Grid Main extension installed in conjunction with Los Vientos at Terra Mar Unit I
Subdivision as provided for by City Ordinance No. 17092. Said $12.707.00 is the construction cost,
including 7.5%Engineering, as shown by the cost supporting documents attached herewith.
.~~~-d;a-..A'/A""~~/
/\I // ~ lDeveloper2-
e ' . /I/o?.. /(" /" {!!
THE STATE OF TEXAS )(
//- .; y- t7Y
(Date)
COUNTY OF NUECES )(
VVLr
r _11.
J..rrI, ~,,/"t;v,r.rt,' .
MV1':J~/"~~(,~
,a Texas C'-T " " on behalf of the said
,20pj
This instrument was acknowledged before me on
by
P~TRICIA Ah,' l:;PEZ
;"otafV PUblIC ,tam ot Texas
My Comn",:;slon ExpireS
;;u\Iu,1 02. 2006
ty, Texas
CERTIFICATION
The information submitted with this application has been reviewed and determined'to be
correct and a credit of $
6<1
/2., 7/)7 --- is herewith approved.
/
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~
rector 0 f Engineering
(City Engineer)
1zL'f4~
(Date)
EXHIBIT D
DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAl PRICE
12" PVC WATER MAIN 610 LF $ 23.50 $ 14,335.00
12" GATE VALVE & BOX 2 EA $ 1,700.00 $ 3,400.00
12"x 8" TEE 1 EA $ 400.00 $ 800.00
12" PLUG 2 EA $ 52500 $ 1,050.00
FIRE HYDRANT ASSEMBLY
5. (Includes Tee, 6" Gate Valve & Box, EA $ 2,500.00 $ 2,500.00
6"x 90deg MJ Anchor Bend, 6"x 30"
Swivel x Solid Ada ter
UBTOTAl WOOLDRIDGE WATER IMPROVEMENTS
ENGINEERING (7.5%)
OTAl WATER CONSTRUCTION COST
LESS WATER LOT ACREAGE FEE (97 LOTS @$131 PER LOT)
OTAL WATER CREDIT/REIMBURSEMENT
$ 22,085.00
$ 1,656.38
$ 23.741.38
$ 12,707.00
$ 11,034.38
EXHIBIT E
I
TRANSMISSION AND GRID MAIN CONSTRUCTION
AND REIMBURSEMENT AGREEMENT
THE STATE OF TEXAS
COUNTY OF NUECES
This Transmission and Grid Main Construction and Reimbursement Agreement
("Agreement") is entered into between the City of Corpus Christi ("City"), a Texas home-
rule municipal corporation, P.O. Box 9277, Corpus Christi, Texas, 78469-9277, and
Hogan Development Company, L.P., ("Developer"), of 800 N. Shoreline, Suite 350,
Corpus Christi Texas 78401.
WHEREAS, Developer in compliance with the City Platting Ordinance, has filed a plat to
develop a tract of land of approximately 20 acres called Los Vientos at Terra Mar Unit 1
Subdivision on the south side of Wooldridge Road, west of Cayo Del Oso, as shown in
the attached Exhibit 1.
WHEREAS, the City's Water Distribution Master Plan, 1997, requires the construction of
12 inch PVC arterial transmission and grid main in order for the Los Vientos at Terra
Mar Unit 1 Subdivision to have water service; and
WHEREAS, under the Platting Ordinance, the Developer is responsible for construction
of 12 inch PVC arterial transmission and grid main; and
WHEREAS, under the Platting Ordinance, the Developer is eligible for reimbursement
of the Developer's costs for the construction of 12 inch PVC arterial transmission and
grid main; and
WHEREAS, it is essential that the 12 inch PVC arterial transmission and grid main be
constructed along Wooldridge Road in connection with the Los Vientos at Terra Mar
Unit 1 Subdivision for it will provide future service connections to the east and west of
said subdivision upon completion of the Los Vientos at Terra Mar unit 1 Subdivision;
and
WHEREAS, it is to the best interest of the City and the Developer for the 12 inch PVC
arterial transmission and grid main be constructed to the size and serve the area
specified in the Water Distribution Master Plan, 1997;
NOW, THEREFORE, for and in consideration of the mutual covenants in this
Agreement, the parties do covenant and agree as follows:
1. REQUIRED CONSTRUCTION
The Developer shall construct the 12 inch PVC arterial transmission and grid main
needed for the Los Vientos at Terra Mar Unit 1 Subdivision in compliance with the City's
Platting Ordinance and under the plans and specifications approved by City Engineer.
EXHIBIT F
2. PLANS AND SPECIFICATIONS
a. The Developer shall contract with a professional engineer, acceptable to the
City's Director of Engineering Services, to prepare plans and specifications for
the 12 inch PVC arterial transmission and grid main, as shown in Exhibit 2,
with the following basic design:
(1) Install 610 linear feet of 12" PVC transmission/grid main.
(2) Install 1 (one) 12-inch X 8-inch Tee.
(4) Install 2 (two) 12-inch Gate Valve w/box.
(5) Install 2 (two) 12-inch Plugs.
(6) Install one (1) Fire Hydrant Assembly
(7) The transmission/grid main will be constructed along the south side of
Wooldridge Road between the east-most and west-most property lines of
the said subdivision. The water grid main will be plugged at each terminal
pOint for future connection. The water grid main will be connected to the
existing public water system through the proposed subdivision at Calgary
Drive.
b. The plans and specifications must comply with City Standard Water Detail
Sheets and Standard Specifications.
c. Before the Developer starts construction the plans and specification must be
approved by the City's Director of Engineering Services.
3. SITE IMPROVEMENTS
Prior to construction of the 12 inch PVC arterial transmission and grid main, Developer
shall will acquire and dedicate to the City the required utility easement or right-of-way
for the installation of 12 inch PVC arterial transmission and grid main.
4. PLATTING FEES. Developer shall pay to the City of Corpus Christi the required
acreage fees and pro-rata fees as required by the Platting Ordinance.
5. DEVELOPER AWARD CONTRACT FOR IMPROVEMENTS. Developer shall award
a contract and complete the 12-inch water and grid main, in accordance with the
approved plans and specifications, by December 31,2005.
6. REIMBURSEMENT.
a. The City will reimburse the Developer 100% of the cost of the 12 inch PVC arterial
transmission and grid main, not to exceed $11,034.38, within 30 days upon invoicing by
the Developer, if the work has been completed and has been inspected and accepted
by the City. The City agrees to conduct periodic inspections of the progress of the work
at key points during the construction.
b. The City will reimburse the Developer for expenses incurred for the preparation of
plans and specifications for the 12 inch PVC arterial transmission and grid main by the
professional engineer hired by the Developer. However, the expenses may not exceed
7.5% of the costs of construction of the 12-inch water grid main.
7. INDEMNlFICA TlON. Developer shall indemnify and hold harmless the City, its
agents, officers, and employees from all suits, actions, or claims and from all liability for
any and all injuries or damages sustained by any person, including without limitation
workers compensation, personal injury or death, arising from or incident to this 12 inch
PVC arterial transmission and grid main construction.
8. Developer further agrees, in compliance with the City of Corpus Christi Ordinance
No. 17112, to complete, as part of this Agreement, the Disclosure of Ownership
interests form attached hereto as Exhibit 3.
9. This agreement becomes effective and is binding upon and shall inure to the benefit
of the City and Developer, and their respective heirs, successors, and assigns from and
after the date of execution.
EXECUTED IN DUPLICATE originals, this
day of
,2004.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
By:
Assistant City Manager
APPROVED:
0/ day of It 11"(,..--
,2004
By:
~(~
Joseph H rney 1
Assistant City Attorney
For City Attorney
THE STATE OF TEXAS
COUNTY OF NUECES
This instrument was acknowledged before me on , 2004, by
George K. Noe, City Manager, City of Corpus Christi, Texas, a Texas home-rule
municipal corporation, on behalf of the corporation.
Notary Public, State of Texas
DEVELOPER:
By:
/f/~cF-/ro/4/-
Neill F. Amsler III, Manager
Hogan Development Company L.P.
THE STATE OF TEXAS
COUNTY OF NUECES
This instrument was acknowledged before me on 1>ee.e.....bl'!!... cB ,2004, by Neill
F. Amsler III, Manager, Hogan development Company L.P.
~l~__
Notary Public, State of Texas
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LOS VIENTOS AT TERRA MAR UNIT 1
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WATefl-..
CITY OF CORPUS CHRISTI
DISCLOSURE OF INTERESTS
City of Corpus Christi ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to
provide the following information. Every question must be answered. If the question is not applicable, answer with "NA".
FIRST NAME: Hogan Development Company, L.P.
STREET:
800 N. Shorel inp. SlIire 1,0
CITY: Corpus Christi
ZIP:
78401
FIRM IS: 01. Corporation 1XJ2. Partnership 03. Soie Owner 04. Association 05. Other
DISCLOSURE QUESTIONS
If additional space is necessary, please use the reverse side of this page or attach separate sheet.
1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3%
or more of the ownership in the above named "firm".
Name
Job Title and City Department (if known)
2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or
more of the ownership in the above named "firm".
Name
Title
3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting
3% or more of the ownership in the above named "firm".
Name
Board, Commission, or Committee
Neill F. Amsler, III
Planning Commission
4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any
matter reiated to the subject of this contract and has an "ownership interest" constituting 35 or more of the
ownership in the above named "firm".
Name
Consultant
CERTIFICATE
I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld
disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of
Corpus Christi, Texas as changes occur.
Certifying Person: Nt/II F 4m.5k/..lZZ, M"1/V"'9t'r
(TypeOrprint)~ ~ ~4.
Signature of Certifying Person: ,.;r ~
Title:
j#"N7N
//-,) f-or
Date:
EXHIBIT 3
AN ORDINANCE
APPROPRIATING $11,034.38 FROM THE WATER ARTERIAL
TRANSMISSION AND GRID MAIN TRUST FUND NO. 4030-
540450 TO PAY DEVELOPER REIMBURSEMENT REQUEST
FOR THE INSTALLATION OF 610 LINEAR FEET OF A 12 INCH
PVC WATER GRID MAIN TO DEVELOP LOS VIENTOS AT
TERRA MAR UNIT 1 SUBDIVISION; AND DECLARING AN
EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS:
SECTION 1. That $11,034.38 from the Water Arterial Transmission and Grid
Main Trust Fund No. 4030-540450 is appropriated to pay developer (Hogan
Development Company) reimbursement request for the installation of 610 linear
feet of an 12-inch PVC water grid main to develop Los Vientos at Terra Mar Unit
1 Subdivision.
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 shall take effect upon first reading as an emergency this the 14th of
December, 2004.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Samuel L. Neal, Jr.
Mayor
APPROVED l}c~k P
,2004.
By:
~~/
Jose h Harney ~
Assistant City Attorney
For City Attorney
Ord-appr-Los Vtos I
Corpus Christi, Texas
day of
,2004
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
City of Corpus Christi
Council Members
The above ordinance was passed by the following vote:
Samuel L. Neal, Jr.
Brent Chesney
Javier D. Colmenero
Melody Cooper
Henry Garrett
Bill Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
Ord-appr-Los Vtos 1
35
December 7, 2004
To: The Honorable Mayor Samuel L. Neal and City Council Members
Thru: George K. Noe, City Manager
From: B.A. Bailey, Director of Development Services ~
Subject: Sign Ordinance Amendment-2nd Reading
On November 16,2004, City Council modified the proposed Zoning Ordinance Sign
Amendment which clarifies the definition of a SIGN as it relates to signs within a
building visible to the public.
The term "out of doors" is removed; further the regulations are clarified to explain that
the intent of the ordinance is not to regulate window advertisements, unless they are
clearly intended for the off-premises public.
The ordinance as amended on November 30, 2004 is attached and ready for approval on
the second reading scheduled for December 14, 2004.
AGENDA MEMORANDUM
PUBLIC HEARING - ZONING (City Council Action Date: December 14,2004)
AGENDA ITEM: An ordinance amending Section 3-1.55 of the Zoning Ordinance to include
window signs within the definition of a sign; providing for severance; and providing for publication.
Plannln!! Commission and Staff's Recommendation: (October 20, 2004) Approval of the zoning
ordinance text amendment to the sign definition.
ReQuested Council Action: Approval of the zoning ordinance text amendment to the sign definition.
Purpose of ReQuest: To consider the text amendment to the Zoning Ordinance in regards to the
definition of a SIGN as it relates to signs within a building visible to the public.
Summary:
Recent sign discussions prompted staff to review the current sign ordinance with respect to the intent of
regulating signs viewable from the public right-of-ways and abutting properties. Signs are allowed
along the exterior of buildings or on the lot area of the premise. There is an exception for signs placed
behind glass that creates a large loophole to the orderly placement of signs. Placement of signs in this
manner is a clear evasion of the sign ordinance intent. This amendment clarifies the sign defmition,
regarding placement of signs in window or behind glass. Staff recommends that Article 3. Definitions ~
Section 3-I,55-Sign be amended by deleting the sentence regarding window signs follows:
3-1.55 Sign. The term "sign" shan mean and include every device, structure, frame, letter, figure,
character, mark, plane, point, design, picture, stroke, stripe, trademark, or reading matter which is used or
intended to be used to attract attention, convey information, identify or advertise any establishment,
product, goods or service when the same is placed out of deom off premises in view of the general public.
The term "sign" shall not inehlEle a similar slroeture or deyiee laealed -::itliin a Building eReept
illllmiRated sigllG within wiada'.\'s. The term "sign" shall not include the flag or pennant, or insignia of
any nation or association of nations, or of any state, city or other political unit, or of any charitable,
educational, philanthropic, civic, or religious organization.
Michael N. Gunning, AICP
Assistant Director of Develop
H:IPLN-DI RISHAREDIERMA I WORDlAGEN DMEMl2004ISignTextAmendmentAgenda Memo.doc
Attachments:
I) Planning Commission Minutes
2) Ordinance
AN ORDINANCE
AMENDING THE ZONING ORDINANCE BY AMENDING SECTION 3-
1.55, SIGN, BY REVISING THE DEFINITION OF A SIGN TO NO
LONGER EXCLUDE A DEVICE OR STRUCTURE LOCATED WITHIN A
BUILDING; 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,
October 20, 2004, during a meeting of the Planning Commission, and on Tuesday,
November 16, 2004, for the first reading and on Tuesday, December 14, 2004, for the
second reading, 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 Section 3-1.55, to read as follows:
ARTICLE 3. DEFINITIONS
***
Section 3-1.55 Sign. The term "sign" shall mean and include every device, structure,
frame, letter, figure, character, mark, plane, point, design, picture, stroke, stripe,
trademark, or reading matter which is used or intended to be used to attract attention,
convey information, identify or advertise any establishment, product, goods or service
when the same is placed out of doors in view of the off-premises general public. +Ae
term "Si!iJA" shall not include a similar structure or device located v/itt-liA a buildin!iJ OXGof3t
iIIHmiAatod signs within windows. The term "sign" shall not include the flag or pennant,
or insignia of any nation or association of nations, or of any state, city, or other political
unit, or of any charitable, educational, philanthropic, civic, or religious organization.
* * * * *
SECTION 2. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi,
Texas, approved on the 27th day of August, 1937, as amended from time to time, except
2
as changed by this ordinance and any other ordinances adopted on this date, remain in
full force and effect.
SECTION 3. 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 4. That any ordinance or part of any ordinance in conflict with this ordinance
is expressly repealed by this ordinance.
SECTION 5. The City Council intends that every section, paragraph, subdivision,
clause, phrase, word or provision hereof shall be given full force and effect for its
purpose. Therefore, if 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 judgment shall not affect any other section, paragraph,
subdivision, clause, phrase, word or provision of this ordinance.
SECTION 6. Publication shall be made in the official publication of the City of Corpus
Christi as required by the City Charter of the City of Corpus Christi.
H:\LEG-DIRIJOSEPHlORD-SIGNDEF-ZNG. DOC
2
3
That the foregoing ordinance was read for the first time and passed to its second
reading on this the / Ion.... day of ~ ,2004, by the following vote:
Samuel L. Neal, Jr. n^;)i Bill Kelly O-t~<-
Brent Chesney ~ Rex A. Kinnison ~.
Javier D. Colmenero ~ Jesse Noyola O(r<-
Melody Cooper ~ Mark Scott ~
Henry Garrett ~
That the foregoing ordinance was read for the second time and passed finally on
this the day of , 2004, by the following vote:
Samuel L. Neal, Jr.
Bill Kelly
Brent Chesney
Rex A. Kinnison
Javier D. Colmenero
Jesse Noyola
Melody Cooper
Mark Scott
Henry Garrett
PASSED AND APPROVED, this the
day of
,2004.
ATTEST:
CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Samuel L. Neal, Jr.
Mayor
Approved as to legal form
A/o""~f-,,.. 10 ,2004;
~
By:
~ (I-- ~
Joseph rney I
Assistant City Attorney
For City Attorney
H:Il.EG-OIRUOSEPHlORD-SIGNDEF-ZNG.DOC
3
36
CITY COUNCIL
AGENDA MEMORANDUM
December 14, 2004
AGENDA ITEM:
a.
Public hearing to consider abandoning and vacating a 11,7 41-square foot portion of the
Laguna Shores Road pUblic right-of-way, extending approximately 296 L.F. southeast of
Wyndale Drive out of Tract" AR", Tyler Subdivision, between Wyndale Drive and a dead-end
to Laguna Madre.
b.
Ordinance abandoning and vacating a 11,741-square foot portion of the Laguna Shores
Road public right-of-way, extending approximately 296 L.F. southeast ofWyndale Drive out
of Tract "AR", Tyler Subdivision, between Wyndale Drive and a dead-end to Laguna Madre;
subject to owner's compliance with the snAeified conditions.
Public hearing to consider abandoning and vacating a 4,308-square foot portion of the
Wyndale Drive public right-of-way, extending approximately 431 L.F. northeast of Lagu.na
Shores Road out of Tract "AR", Tyler Subdivision, between Laguna Shores Road and Spong
Lane.
c.
d.
Ordinance abandoning and vacating a 4,308-square foot portion of the Wyndale Drive public
right-of-way, extending approximately 431 L.F. northeast of Laguna Shores Road out of
Tract "AR", Tyler Subdivision, between Laguna Shores Road and Spring Lane; subject to
owner's compliance with the specified conditions.
ISSUE: Naismith Engineering, on behalf of Mr. Spencer Collins, (Bluff's Landing) is requesting the
abandoning and vacating of a portion of Laguna Shores Road and Wyndale Drive to correct an
encroachment onto Laguna Shores Rd. and to allow for infrastructure parking and compliance with
the City's landscaping requirements on Wynd ale Drive.
REQUIRED COUNCIL ACTION: City Charter requires Council approval to abandon and vacate any
portion of street rights-of-way. City Code requires a public hearing prior to the vacating and
abandonment of any street rights-of-way.
RECOMMENDATION: Staff recommends approval of the ordinance as presented.
~ICP
Director velopment SelVices
Attachments:
Exhibit A - Background Information
Exhibit B - Ordinance
Exhibit C - Site Location Map
Exhibit 0 - Areas of Closure
AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMATION
BACKGROUND:
Naismith Engineering, on behalf of Mr. Spencer Collins, (Bluff's Landing), is requesting the
abandonment of a 11,7 41-square foot portion of the Laguna Shores Road public right-of-way, and
a 4,308-square foot portion of the Wyndale Drive public right-of-way. The public rights-of-way to
be abandoned and vacated are located in an "B-2" Bayfront Business District.
Mr. Spencer Collins is requesting the closure to resolve a marina encroachment onto Laguna
Shores Road, that existed prior to his acquisition of the property. By closing this portion of the
Laguna Shores Road right-of-way, a potential problem of vehicular traffic driving into the harbor will
be improved. The closure of Wyndale Drive will allow the construction of a planned parking lot
layout, to facilitate private internal traffic circulation as requested by the City, and to comply with the
City's landscaping requirements along Wyndale Drive.
All public and franchised utilities were contacted regarding this closure request and no objections
were received by any of the utility companies. Water Department requires retaining a 15-foot utility
easement within the Laguna Shores Road right-of-way for a distance of approximately 130 L.F.
along the alignment of an existing 4-inch water line. The Fire Department is requesting a minimum
70-foot diameter turnaround (cul-de-sac), to allow their emergency vehicles to make a three point
turn to exit the roadway. City Special Services is requiring a permanent barricade at the end of the
tumaround to improve safety. City Planning Department requires the construction of a "r
intersection at the Laguna Shores Road and Wyndale Drive intersection, with a third additional
access to be constructed across the median to the Martha Drive right-of-way.
Staff recommends that the Owner pay the total fair market value of $11 ,305 for the abandonment
and vacation of a 11,7 41-square foot portion of the Laguna Shores Road public right-of-way, and a
4,308-square foot portion of the Wyndale Drive public right-of-way.
EXHIBIT A
FROM:
DATE:
BA Bailey, AICP, Director of Development Services
December 8. 2004
TO THE CITY MANAGER OF THE CITY OF CORPUS CHRISTI:
ORDINANCE REQUEST
DATE RECOMMENDED FOR COUNCIL ACTION: December 14. 2004
ORDINANCE CAPTION:
a. Public hearing to consider abandoning and vacating a 11.7 41-square fool portion of the Laguna Shores Road public
right-of-way, extending approximately 296 L.F. southeast ofWyndale Drive out ofTract "AR", Tyler Subdivision.
b. Public hearing to consider abandoning and vacating a 4,308-square foot portion of the Wyndale Drive public right-of-
way, extending approximately 431 L.F. northeast of Laguna Shores Road out of Tract "AR", Tyler Subdivision.
c. Ordinance abandoning and vacating a 11,7 41-square fool portion of the Laguna Shores Road public right-of-way,
extending approximately 296 L.F. southeast of Wyndale Drive out of Tract "AR" , Tyler Subdivision; subject to owners
compliance with the specified condnions: and declaring an emergency.
d. Ordinance abandoning and vacating a 4,308-square fool portion of the Wyndale Drive public right-of-way. extending
approximately 431 L.F. northeast of Laguna Shores Road out of Tract "AR", Tyler Subdivision; subjeclto owners
compliance with the specified conditions; and declaring an emergency.
OTHER PERTINENT INFORMATION TO BE INCLUDED IN ORDINANCE:
Plat is recorded in Volume 46. Page 6. of the Map Records of Nueces County. Texas.
SPECIFIED CONDITIONS AS PART OF CLOSURE:
1. SlafI recommends that the Owner pay the fair marltet value of $11 ,305 for the abandonment and vacation of a
11 ,7 41-square foot portion of the Laguna Shores Road public right-of-way, and a 4,308-square foot portion of
the Wyndale Drive pub~c right-of-way.
2. Owner is to submn an approved set of construction plans to construct a public streettumaround (cul-de-sac)
with a minimum 70-foot diameter at the end of Martha Drive with a pennanent barricade.
3. Owner is to submit an approved set of construction plans to construct a 'T intersection at the Laguna Shores
Road and Wyndale Drive intersection with a third addnional access to be constructed across the median to
the Martha Drive right-of-way.
4. Owner is required to retain a 15-foot utility easement for a distance of approximately 130 L.F. along the
alignment of an existing 4-inch water line.
5. Upon approval from Council and ordinance issued. all grants of right-of-way closures must be recorded at
owners expense in the real property Map Records of Nueces County. T exes, in which the property is located.
Prior to Building Pennn approval of construction. an uJ>-to-date survey. abstracted for all easements/rights-
of-way and Rems of record, must be submilled to the Director of Development Services.
6. Owner must comply with all the specified condnions of the ordinance within 180 days of Council approval;
however. the Diractor of Development Services may extend the lime limn for an addnional 180 days if
extenuating circumstances outside the Owners control necessitate an extension.
REQUESTED BY:
Approved:
EXHIBIT B
Date:
,
i
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EXHIBIT C
STREET CLOSURE
LAGUNA SHORES ROAD
and WYNDALE DRIVE
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TYLER SUBDIVISION
TRACT "A", "8" AND "c"
VOLUM[ 32. PAG[ 36
MAP R[CORDS,
NUfCfS COUNTY, TEXAS
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,-,-;'LUM[ 50. PAGE 173
r ORDS, NUECES COUNTY, TEXAS
.v,1i> ;":;j
EXHIBIT D-1
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,
WYNDALC DRIVE
(60' ROW)
CURVE DATA
-----......
C7=
Delto : 8J'J7'OO"
R = JO.OO'
L : 4J.7J'
CB = N22'27'72"W
Ch. = J9.96 ,
Delto = 25'57'70"
R = 700.00'
L = 45.7J'
CB : N7TOS'78"W
Ch. = 44.75'
Delto = 29'00'78"
R = 700.00'
L : 50.62'
CB : N75'JJ'44"W
Ch. = 50.08'
POINT OF
BEGINNING
"
C2:
TRACT "AR"
TYLER SuBDIVISION
A REPLA T OF TRACT'A"
VOLUME 46, PAGE 6 CJ:
MAP RECORDS,
NuECES COUNTY, TEXAS
50
.
o
50
100
.
SCALE IN rEEl
/
SURVEY OF
PART OF LAGUNA SHORES DRIVE ACCORDING TO THE
STREET DEDICATION PLATS RECORDED IN VOLUME 46,
PAGE 6 AND VOLUME 20, PAGE 49 OF THE MAP
/RECORDS, NUECES COUNTY, TEXAS AND CONTAINING
11,741 SQUARE FEET OR
0.27 ACRES.
IDi
NAISMITH ENGINEERING, INC.
ENGINEERING. ENVIRONMENTAL. SURVEYING
4601 GOWHAR ROAD
CORPUS CHRISTl. TDAS 7&4l1
PHONE NO. (361) 114-11000
LAGUNA SHORES DRIVE
STREET CLOSURE AND
RIGHT-OF- WAY
ABANDONMENT
o.v- By: R\iIJ
C1off~ By: ft{
Appr. By:.Ie 5tf*: r.,5()'
Proj<<1 No.: 6368 /)ok: IO/I~/D4
Owv. Nfl.: 6J6Ei-A
~llrJfl
LOT 25
SECTION 52
'JUR BLUFF AND ENCINAL FARM)
AND GARDEN TRACTS
MAP RECORDS.
NUECES COUNTY. TEXAS
I
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PREIS PROPfImCS, INC
vowue lli'I2. PAGe 994
DCCD ~CORDS.
~_ NUfCfS COUNTY. 1lJ(AS
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SCALE IN FEET
}
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TRACT ''ARn
TYLER SUBDIVISION
A REPLAT OF TRACT"A.
VOLUME 46, PAGE 6
MAP RECORDS.
NUECES COUNTY, TEXAS
.., II~ 0 J.f
,~L'
5.25 ACRE TRACT
OUT OF LAGUNA MADRE
STATE TRACT NO. 24
SURVEY OF
PART OF lfYNDALE DRIVE ADJACENT TO TRACT "AR"
AS RECORDED IN VOLUME 46, PAGE 6 OF THE MAP
RECORDS. NUECES COUNTY. TEXAS AND CONTAlNlNG
4.308 SQUARE FEET OR 0.10 ACRES.
IDi
NAISYITB ENGINEERING, INC.
ENGINEERING' BNVIIlONIIEIlTAL . SURVEYING
4101 GOWIIAa lOAD
COIPUI CJDUI!L m.u "'11
PBOJII 110. (Ill) 11.&-MOO
lIYNDALIl DRIVE
STREET CLOSURE AND
RIGHT-OF-WAY
ABANDONMENT
EXHIBIT D-2 _. 't<""
Ctt.dwI 4-: .Ie
.y,. 4': JM: .s-r..- r-<w
PrDjct No..: ,~ twa. VItVPf
o.g. No..: 6368
sw.t~oI3
AN ORDINANCE
ABANDONING AND VACATING A 11,741-SQUARE FOOT PORTION
OF THE LAGUNA SHORES PUBLIC RIGHT-OF-WAY, EXTENDING
APPROXIMATELY 296 LINEAR FEET SOUTHEAST OF WYNDALE
DRIVE OUT OF TRACT "AR" TYLER SUBDIVISION; SUBJECT TO
OWNER'S COMPLIANCE WITH THE SPECIFIED CONDITIONS; AND
DECLARING AN EMERGENCY.
WHEREAS, there is a 11,7 41-square foot portion of the Laguna Shores public right-of-
way, extending approximately 296 linear feet southeast of Wyndale Drive out of Tract
"AR" Tyler Subdivision, as recorded in Volume 46, Page 6, Map Records Nueces
County, Texas, that the owner, Spencer Collins, (Owner), wishes to have abandoned
and vacated; and
WHEREAS, after a public hearing, it has been determined that it is feasible and
advantageous to the City of Corpus Christi to abandon and vacate said portion of the
public right-of-way for all purposes, subject to the provisions below.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS, THAT:
SECTION 1. That the 11,741-square foot portion of the Laguna Shores public right-of-
way, extending approximately 296 linear feet southeast of Wyndale Drive out of Tract
"AR" Tyler Subdivision, as recorded in Volume 46, Page 6, Map Records Nueces
County, Texas, abandoned and vacated for public use as public right-of-way, subject to
Owner's compliance with the following specified conditions as part of the abandonment
and vacation:
1. Payment of the fair market value of $11,305.00 for the proposed vacation and
abandonment of the 11,7 41-square foot portion of the Laguna Shores public
right-of-way and the 4,308-square foot portion of the Wyndale Drive public right-
of-way.
2. Owner is to submit an approved set of construction plans to construct a public
street turnaround with a minimum 70-foot diameter at the end of Martha Drive
with a permanent barricade at the end the turnaround.
3. Owner is to submit an approved set of construction plans to construct a "T"
intersection at the Laguna Shores Road and Wyndale Drive intersection with a
third and additional access to be constructed across the median to the Martha
Drive right-of-way.
4. Owner is required to retain a 15-foot utility easement for a distance of
approximately 130 L.F. along the alignment of an existing 4-inch water line.
H:ILEG-DIR V oseph 10 RD- LagShrs-av .doc
5. Upon approval from Council and ordinance issued, all grants of easement
closures must be recorded at Owner's expense in the real property records of
Nueces County, Texas. Prior to Building Permit approval of construction, an up-
to-date survey, abstracted for all easements and items of record, must be
submitted to the Director of Development Services.
6. Owner must comply with all the specified conditions of the ordinance within 180
days of Council approval; however, the Director of Development Services may
extend the time limit for an additional 180 days if extenuating circumstances
outside the Owner's control necessitate an extension.
SECTION 2. That upon written request of the Mayor or five council members, copy
attached, the City Council (1) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and (2) suspends the Charter rule that requires consideration of and voting upon
ordinances at two regular meetings so that this ordinance is passed and takes effect
upon first reading as an emergency measure this the 14th day of December, 2004.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Samuel L. Neal, Jr.
Mayor
Approved /'/ff"/-t.,/ f
,2004
By (J,~ )<
Josep arney
Assistant City Arney
For City Attorney
H :\LEG-D IR V oseph 10RD- LagShrs-av.doc
Corpus Christi, Texas
day of
,2004
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: INVe, therefore, request that you
suspend said Charter rule and pass this ordinance finally on the date it is introduced, or
at the present meeting of the City Council.
Respectfully,
Respectfully,
Samuel L. Neal, Jr., Mayor
City of Corpus Christi
Council Members
The above ordinance was passed by the following vote:
Samuel L. Neal, Jr.
Brent Chesney
Javier D. Colmenero
Melody Cooper
Henry Garrett
Bill Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
H :\LEG-D IRVosephlO RD- LagShrs-av .doc
AN ORDINANCE
ABANDONING AND VACATING A 4,308-SQUARE FOOT PORTION OF
THE WYNDALE DRIVE PUBLIC RIGHT-OF-WAY, EXTENDING
APPROXIMATELY 431 LINEAR FEET NORTHEAST OF LAGUNA
SHORES ROAD OUT OF TRACT "AR" TYLER SUBDIVISIONj
SUBJECT TO OWNER'S COMPLIANCE WITH THE SPECIFIED
CONDITIONS; AND DECLARING AN EMERGENCY.
WHEREAS, there is a 4,308-square foot portion of the Wyndale Drive public right-of-
way, extending approximately 431 linear feet northeast of Laguna Shores Road out of
Tract "AR" Tyler Subdivision, as recorded in Volume 46, Page 6, Map Records Nueces
County, Texas, that the owner, Spencer Collins, (Owner), wishes to have abandoned
and vacated; and
WHEREAS, after a public hearing, it has been determined that it is feasible and
advantageous to the City of Corpus Christi to abandon and vacate said portion of the
public right-of-way for all purposes, subject to the provisions below.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS, THAT:
SECTION 1. That the 4,308-square foot portion of the Wyndale Drive public right-of-
way, extending approximately 431 linear feet northeast of Laguna Shores Road out of
Tract "AR" Tyler Subdivision, as recorded in Volume 46, Page 6, Map Records Nueces
County, Texas, abandoned and vacated for public use as public right-of-way, subject to
Owner's compliance with the following specified conditions as part of the abandonment
and vacation:
1. Payment of the fair market value of $11,305.00 for the proposed vacation and
abandonment of the 11,7 41-square foot portion of the Laguna Shores public
right-of-way and the 4,308-square foot portion of the Wyndale Drive public right-
of-way.
2. Owner is to submit an approved set of construction plans to construct a public
street turnaround with a minimum 70-foot diameter at the end of Martha Drive
with a permanent barricade at the end the turnaround.
3. Owner is to submit an approved set of construction plans to construct a "T"
intersection at the Laguna Shores Road and Wyndale Drive intersection with a
third and additional access to be constructed across the median to the Martha
Drive right-of-way.
4. Owner is required to retain a 15-foot utility easement for a distance of
approximately 130 L.F. along the alignment of an existing 4-inch water line.
I I :\LEG-DIR Voseph 10RD-wyndale-av.doc
5. Upon approval from Council and ordinance issued, all grants of easement
closures must be recorded at Owner's expense in the real property records of
Nueces County, Texas. Prior to Building Permit approval of construction, an up-
to-date survey, abstracted for all easements and items of record, must be
submitted to the Director of Development Services.
6. Owner must comply with all the specified conditions of the ordinance within 180
days of Council approval; however, the Director of Development Services may
extend the time limit for an additional 180 days if extenuating circumstances
outside the Owner's control necessitate an extension.
SECTION 2. That upon written request of the Mayor or five council members, copy
attached, the City Council (1) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and (2) suspends the Charter rule that requires consideration of and voting upon
ordinances at two regular meetings so that this ordinance is passed and takes effect
upon first reading as an emergency measure this the 14th day of December, 2004.
ATTEST:
THE CITY OF CORPUS CHRISTI
Samuel L. Neal, Jr.
Mayor
Armando Chapa
City Secretary
Approved
Ik 1...).... !j
,2004
By: ~A-. rh /'
Josep Harney 0
Assistant City Attorney
For City Attorney
H:\LEG-DIRIJosephIORD-wyndale-av.doc
Corpus Christi, Texas
day of
,2004
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: INVe, therefore, request that you
suspend said Charter rule and pass this ordinance finally on the date it is introduced, or
at the present meeting of the City Council.
Respectfully,
Respectfully,
Samuel L. Neal, Jr., Mayor
City of Corpus Christi
Council Members
The above ordinance was passed by the following vote:
Samuel L. Neal, Jr.
Brent Chesney
Javier D. Colmenero
Melody Cooper
Henry Garrett
Bill Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
H:\LEG-DIRVosephIORD-wyndale-av.doc
37
AGENDA MEMORANDUM
PUBLIC HEARING - ZONING (City Council Action Date: December 14, 2004 )
1004-06Ronald N. Voss: A change of zoning from"R-lB" One-family Dwelling District to "RE"
Residential Estate District, located along the south side of Glenoak Drive, approximately 500
feet west of St. Peter Street
Plannin!! Commission and Staffs Recommendation (10/20/04): Approval.
Requested Council Action: Approval of the "RE" Residential Estate District and adoption of the
attached ordinance.
Purpose of Request: Development of a 16 acre lot subdivision.
Summarv:
The applicant has requested a change of zoning from "R-IB" One-family Dwelling District to a "RE"
Residential Estate District to develop a 16-lot single-family subdivision on one-acre lots.
Sixteen residential structures are planned with a minimum area of 2,000 square feet on lots one-acre or
greater. The "RE" District provides for large lot development without curbs, gutters and sidewalks.
Septic tanks systems are allowed on lots half-acre or more with access to public water and providing city
services are not reasonably available and of sufficient capacity. A determination from the Wastewater
Department is requiring the extension of the sanitary sewer system to this site. It is the developer's intent
to create a rural atmosphere that does not contain the aforementioned improvements.
The proposed subdivision consists of 18.21 acres with access along Glenoak Drive, a collector. It is
estimated that the proposed sixteen (16) lot subdivision could generate 160 average daily trips. Glenoak
Drive would accommodate the proposed average daily trips without impeding traffic.
Water/wastewater demands for the subdivision are estimated at 5,600 gallons per day with a solid waste
demand of 142 lbs. daily.
Flour Bluff future land use map supports the requested "RE" District.
Notification: Of the 52 notices mailed to the surrounding property owners, two were returned in favor
and fourteen were returned in opposition resulting in 10.41 % opposition. The 20% rule is not iuvoked.
This case may be considered controversial due to neighborhood concerns expressed at the Planning
Commission public hearing regarding septic tanks and shed connections.
~ICP
Assistant Director of Development Servo es
MNG/FGM/ml
Attachments:
I) Zoning Report
2) Planning Commission Minutes
3) Ordinance
H:\PLN-DIRISHARED\ERMA \WORD\AGENDMEM\2004\1 004-06AGENDAMEMO.DOC
CITY COUNCIL
ZONING REPORT
Case No.: 1004-06
Planning Commission Hearing Date: October 20, 2004
oll 1:1 Applicant: Ronald N. Voss
0 Owner: Same as applicant
- .-
1:1--
" " =- Agent: Same as applicant
<J ,!.-
.- .. Legal DescriptionILocation: Being 18.21 acres out of PI our Bluff and Encinal Farm and Garden
- <J
~ ! Tracts, Section 50, Lot 3,located along the southside of Glenoak Drive, approximately
500 feet west of St. Peter Street.
CIl- Prom: "R-IB" One-family Dwelling District
1:1 :!l To: "RE" Residential Estates District
.- =
1:1 "" Area: 18.21 acres
~~ Purpose of Request: Development of a l6-acre lot subdivision.
"=' Zonine Existing Land Use Future Land Use
1:1 Site "R-lB" One-family Dwelling Undeveloped land Traditional neighborhood
j
"=' District residential
1:1 North "R-lB" One-family Dwelling Low-density residential Traditional neighborhood
.. and undeveloped land
CIl.., District residential
1:1 .. South "R-lB" One-family Dwelling Undeveloped land Traditional neighborhood
.- ..,
1:1;;.
0 District residential
N
CIl East "R-lB" One-family Dwelling Low-density residential Traditional neighborhood
1:1 District residential
.-
-
.., West "R-lB" One-family Dwelling Low-density residential Traditional neighborhood
.~
~ District and undeveloped land residential
oll .., Area Development Plan: Plour Bluff-. The Flour Bluff Area Development Plan
=-1:1 recommends the area develop with traditional neighborhood residential development
" 0
~~ The requested "RE" District is consistent with the Plan's recommended land use.
==3 Map No.: 037029/037030
~> Zoning Violations: None
Zoning Report
Case No. 1004-06 (Ronald Voss)
Page 2
. The applicant has requested a change of zoning from a "R-1B" One-family Dwelling
District to a "RE" Residential Estate District to develop a l6-lot single-family
subdivision on one-acre lots.
. Sixteen residential structures are planned with a minimum area of2,OOO square feet on
lots one-acre or greater. The "RE" District provides for large lot development without
curbs, gutters and sidewalks. Septic tanks systems are allowed on lots half-acre or more
with access to public water and providing city services are not reasonably available and
,., of sufficient capacity. A detennination from the Wastewater Department is requiring the
..
01 extension of the sanitaly sewer system to this site. It is the developer's intent to create a
Ei
51 rural atmosphere that does not contain the aforementioned improvements.
=
'"
~ . The proposed subdivision consists of 18.21 acres with access along Glenoak Drive, a
&:: collector. It is estimated that the proposed sixteen (16) lot subdivision could generate
01
- 160 average daily trips. Glenoak Drive would accommodate the proposed average daily
'"
trips without impeding traffic.
. Water/wastewater demands for the subdivision are estimated at 5,600 gallons per day
with a solid waste demand of 142 lbs. daily.
. Flour Bluff future land use map supports the requested "RE" District.
i~ Street Type Paved Section Volume
(2001)
"0 Glenoak Drive Rural Collector 70' R.O.W. w/18' Bk to Bk 3,950 a.d.t.
~~ paved section
~ A plat of the property is being processed through Development Services- Special Service section.
= The Director of Engineering and the Wastewater Department Director will review the availability
-
01 of sewer services for the subject property. If the sanitaly sewer is reasonably available and of
~
- sufficient capacity then city services are to be extended to the subject property rather than
01
- allowing for the septic system provision. This determination will he made during the platting
llo review orocess.
-
=.::1 The proposed "RE" District is compatible to the adjacent residential properties.
... =
! ...
.. 51
01 Ei
=-Q
~U
Zoning Report
Case No. 1004-06 (Ronald Voss)
Page 3
=
=
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Approval of the "RE" Residential Estate District
=
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Approval of the "RE" Residential Estate District
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Number of Notices Mailed: 52
Favor: 2
Opposition: 14
(As of December 9, 2004)
Attachments:
Zoning Map
Preliminary Layout
H:\PLN-DlR\ERMA\WORD\ZONRPTS\2004\ZONING REPORT lOO4-06.DOC
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Planning Commission Minutes
October 20, 2004
1004-06 - Ronald A. Voss
Request: Change of zoning from "R-l B" One-family Dwelling District to "RE" Residential Estate
District, resulting in a change of land use from low-density residential to one-acre low-density residential.
loxcerpts from Zoning Report
Legal Description/Location: Being J 8.2 J acres out of Flour Bluff and Encinal Farm and Garden
Tracts, Section 50, Lot 3. located along the south side of Glenoak Drive, approximately 500 feet west of
St. Peter Street.
Purpose of Request: Development of a J 6-acre lot subdivision
Area Development Plan: Hour Bluff: The Flour Bluff Area Development Plan recommends
the area develop with traditional neighborhood residential development. The requested "RE"
District is consistent with the Plan's recommended land use.
Staff Recommendation: Approval of the "RE" Residential Estate District
Mrs. Faryce Goode-Macon, City Planner, provided graphics of the subject property and the
surrounding area. The wning report and tape recording are on file. She stated that there were 48 notices
mailed. Two were received in favor and none in opposition.
The public hearing was opened.
Ronald Voss Jf., 3756 Bratton Road, had concerns. Staffhad told him they would be able to use
septic tanks as the City's septic system in that area was not reasonably available and did not have
sufficient capacity. The wording on the zoning report did not make that clear.
Mr. SaldaDa stated this issue would be addressed with the platting process. The information was
simply provided to the Planning Commission. He also stated they had discussed the septic issue and as it
stands, the City's system is at capacity.
Mrs. Claudette Rocha, 925 St. Timothy Street, appeared in opposition. She stated her house abuts
the subject property. She had concerns with drainage, elevation, setbacks, neighborhood restrictions,
easements for utilities and alleyways, septic systems and animal restrictions. She stated she did not
receive a notice. She also stated that only one other person in her neighborhood received notice of the
zoning change.
Mrs. Mary Frances Teniente, Assistant Director of Development Services, stated that drainage is
an issue and will be addressed with the platting process. A detention pond may be in order.
Mr. Michael Gunning, Assistant Director of Development Services stated the developer is
responsible to make sure the drainage accounts for the run on and run off of the property. Until the
engineering calculations are seen, the issue can not be responded to. The developer is responsible to
ensure this development does not flood any of the adjacent properties. Mr. Gunning stated the setbacks
are 50 feet in the front and 25 feet for side yards. He stated that the types of animals allowed are not
regulated by the zoning ordinance. Anima1 control is something that would be in deed restrictions of the
properties which is up to the owner.
Planning Commission Minutes
October 20, 2004
Case No. 1006-04 (Ronald N. Voss)
Page 2
Mr. Gunning stated there will be a second public hearing and staff will do their best to ensure
notices are sent to all property owners within 200 feet.
Mrs. Marla Chindla, 929 St. Timothy, appeared in opposition. She stated she agreed with Mrs.
Rocha and had a lot of concerns with flooding issues.
Mr. Brad Sanders, 929 St. Christopher, appeared in opposition. He stated his concerns with
hydraulic studies that mayor may not have been done. He was surprised there would not be curbs and
gutters and sidewalks. He also had concems with underground septic systems. He had concerns with the
drainage problem and stated there is not enough slope to get rid of water along Glen Oak. Iflarge homes
are built, homes, bams and driveways are built, water flow will be increased. He also stated concerns
with the pipeline running through the subject property. He stated St. Christopher appeared to be designed
for future expansion and asked about plans for that.
Mr. Gunning stated the intent is to extend Christopher Street.
Mrs. Teniente verified this and stated they were going to cull-de-sac the extension into the site.
Chairman Berlanga inquired about the gas pipeline easement and stated that on Lot 2, the pipeline
runs right through the property and asked if that someone would be able to build on it.
Mrs. Teniente stated it is typical to get a letter from the pipeline company that identifies the
lateral clearance on each side to the nearest building structure so that the restriction is addressed on the
plat. It is unlikely a structure would be built over the pipeline assuming it is active.
Mr. Voss stated they are waiting for a reply from the pipeline company. The pipeline is active.
They were told the restriction on the property as is will impose a 25 foot minimum setback from the
pipeline. The pipeline company will be back to steak out the setbacks next week. They will not sell Lot
2.
Mrs. Teniente stated staff relies on the pipeline company for these dimensions.
Mr. Gunning restated the infrastructure issues will worked out in the platting process. The City
has a series of ordinances and codes in place under subdivision regulation to protect the public. Staff will
be consistent with meeting these board and safety standards which include hydrology, drainage, and
runoff. The developer will have to work with the company on the pipelines.
Pusley stated he appreciated Mr. Gwming's comments that this is not the time to discuss
infrastructure issues. He is not sure this is the appropriate time to approve this zoning. He has a friend
who lives in the area who has experienced terrible flooding.
Braselton stated this type of development is common in that area.
Salazar stated the developer can not move fOIWard until the sewer plan is in place.
Mr. Voss stated they weren't leaning either way. If they needed to hook up to the City septic
system, they would do so and have smaller lots. He also stated staff recommended they were not
comfortable with being able to hook up to city.
Planning Commission Minutes
October 20, 2004
Case No. 1006-04 (Ronald N. Voss)
Page 3
The public hearing was closed.
A motion was made by Braselton and seconded by Salazar to approve the zoning change as
submitted. The motion passed by all present.
Salazar stated these issues will be raised during plat process. The Planning Commission has no
control over deed restrictions. The lot size is up to the developer.
Page 1 of 3
AN ORDINANCE
AMENDING THE ZONING ORDINANCE, UPON APPLICATION
BY RONALD A. VOSS BY CHANGING THE ZONING MAP IN
REFERENCE TO 18.21 ACRES OUT OF FLOUR BLUFF AND ENCINAL
FARM AND GARDEN TRACTS, SECTION 50, LOT 3, FROM "R-1B"
ONE-FAMILY DWELLING DISTRICT TO "RE" RESIDENTIAL ESTATES
DISTRICT; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT
FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE
PLAN; PROVIDING FOR PUBLICATION; AND DECLARING AN
EMERGENCY.
WHEREAS, the Planning Commission has forwarded to the City Council its reports and
recommendations concerning the application of Ronald A. Voss for amendment to the
City of Corpus Christi Zoning Ordinance and Zoning Map;
WHEREAS, with proper notice to the public, public hearings were held on Wednesday,
October 20, 2004, during a meeting of the Planning Commission, and on Tuesday,
December 14, 2004, during a meeting of the City Council, in the Council Chambers, at
City Hall, in the City of Corpus Christi, during which all interested persons were allowed
to appear and be heard; and
WHEREAS, the City Council has determined that this amendment would best serve
public health, necessity, and convenience and the general welfare of the City of Corpus
Christi and its citizens.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is
amended by changing the zoning on 18.21 acres out of Flour Bluff and Encinal Farm
and Garden Tracts, Section 50, Lot 3, located along the southside of Glenoak Drive,
approximately 500 feet west of St. Peter Street, from "R-1 Boo One-family Dwelling District
to "RE" Residential Estates District, as shown on the attached Exhibit.
(037029/037030)
SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is
amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this
ordinance.
SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi,
Texas, approved on the 27th day of August, 1937, 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.
H:\LEG-DI R\Joseph\Zoning-04\ 1 004-06Regular.doc
Page 2 of 3
SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance
are hereby expressly repealed.
SECTION 6. That publication shall be made in the official publication of the City of
Corpus Christi as required by the City Charter of the City of Corpus Christi.
SECTION 7. That upon written request of the Mayor or five Council members, copy
attached, the City Council (1) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and (2) suspends the Charter rule as to consideration and voting upon ordinances at
two regular meetings so that this ordinance is passed upon first reading as an
emergency measure on this 14th day of December, 2004.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED 41'(,-",60/ 1
~{~,
Joseph H rney (5
Assistant City Attorney
For Ci1y Attorney
Samuel L. Neal, Jr.
Mayor, The City of Corpus Christi
2004
H:\LEG-DIR\Joseph\Zoning-04\ 1 004-06Regular.doc
Page 3 of 3
Corpus Christi, Texas
day of
,2004
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, The City of Corpus Christi
Council Members
The above ordinance was passed by the following vote:
Samuel L. Neal, Jr.
Brent Chesney
Javier D. Colmenero
Melody Cooper
Henry Garrett
William Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
H:\LEG-DI R\Joseph\Zoning-04\ 1 004-06Regular.doc
OEC-1~2004 15:35 FROM:CITY OF CORPUS CHRIS 3618263560
TO: 98803239
P.2
Field Notes for 18.2164 Acres
All that certain tract or parcel of land situated in Nueces County,
Texas, some lying within the Corprate City limits of Corpus Christi,
Texas, same being a part of a 71. 401 acre tract of land described in
Exhibit "A" attached to a special Warranty Deed with Vendors Lien from
George S. Hawn and Alan F. Lucke, Trustees to Ronald Voss dated July
8, 2003 and recorded in Document 2003039246 of the Official Public
Records of Nueces County, Texas and described by metes and bounds as
follows to-wit:
BEGINNING at a drill hol e found in a brick col umn for the East corner
of this tract, same being the North corner of Highland Oaks Unit 2 (a
subdivision), as recorded in volume 49, Pages 160 and 161 of the Map
Records of Nueces County, Texas, same 1 ying in the Southwest right -of-
way margin of Glenoak Drive, same being the East corner of the said
Ronald Voss 71. 401 acres;
THENCE, along the Northwest boundary line of said Highland Oaks Unit 2
(a SUbdivision) and the Southeast boundary line of said Ronald Voss
71. 401 acres, SOUTH 29 degrees 11 minutes 21 seconds WEST, a total
distance of 1202.28 feet to a 5/8 inch iron rod set for the South
corner of this tract;
THENCE, NORTH 61 degrees 00 minutes 00 seconds WEST 660.00 feet, to a
5/8 inch rod set for the West corner;
THENCE, NORTH 29 degrees 00 minutes 00 seconds EAST, passing through a
5/8 inch rod found for an interior corner of sai-d Ronald Voss 71. 401
acres and the South corner of a 13.636 acre-tract of land as recorded
in Volume 1410, Page 957-959 of the Deed Records of Nueces County,
Texas at 455.53 feet, and continuing along the Northwest boundary of
said Ronald Voss 71.401 acres and passing through a 5/B inch iron rod
found for the East corner of said 13.636 acres afd the South corner of
Lot 4, Block 1, Vermeulan Tracts as recorded W Volume 50, Page 27, of
the Map Records of Nueces County, Texas at 90-;:--53 ~et and continuing
along the Northwest boundary of ~na1d Voss 7i.401 acres a total
distance of 1202.28 feet to a 5/8 inch iron rod found for the North
corner, same being the East corner of said Lot 4, Block I, same being
the most East North corner of said Ronald Voss 71. 401 acres, same
lying in the Southwest right-of-way margin of said G1enoak Drive;
THENCE, along said Southwest right-of-way margin of Glenoak Drive,
SOUTH 61 degrees 00 minutes 00 seconds EAST 660.00 feet to the PLACE
OF BEGINNING containing 1B.2164 acres of land, more or less.
CC1S~
1064- Otp
DEC-1~2004 15:35 FROM:CITY OF CORPUS CHRIS 3518253550
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38
AGENDA MEMORANDUM
PUBLIC HEARING - ZONING (City Council Action Date: December 14, 2004 )
Case No.: 1004-07. Murrav Architects: A change of zoning from "AB" Professional Office
District to "8-1" Neighborhood Business District. The property is located north of Agnes Street
and between South Tancahua and South Carancahua Streets
Planninl! Commission and Staff's Recommendation 00/20/04): Approval.
Reouested Council Action: Approval of the "B-1" Neighborhood Business District and adoption of
the attached ordinance.
Puroose of Reouest: To construct an office building and provide for a larger sign.
Summarv:
The applicant is requesting a change of zoning to a "B-1" Neighborhood Business District for purpose of
increasing the signage area for a new office building.
An office building is a permitted use in the existing" AB" Professional Office District. Signage in the
"AB" District is limited to one (1) freestanding sign with a maximmn area of twenty square feet, per
street frontage and a maximmn height of six feet. In addition, one (I) wall sign with an area not to
exceed four square feet, per tenant, totaling a maximmn area of twenty (20) square feet is allowed within
the "AB" District.
The "B-1" Neighborhood Business District permits one (1) freestanding sign with an area of forty (40)
square feet within the front yard having a maximmn height of twenty (20) feet. Wall signs are unlimited
as to nmnber and area.
The applicant proposed four (4) signs for the office building. One sign is for the parking area with the
company name affixed to the sign area and consist of twenty (20) square feet and a height of6' 2". This
sign does not meet the sign requirements of the "AB" District. The second sign is a wall sign along the
north side of the building with an area of thirty (30) square feet that exceeds the area permitted in the
"AB" District. Along Carancahua Street a monmnent sign with time and temperature is proposed with an
area of seventy (70) square feet and height of9' I". Such sign area is greater than allowed in the "AB"
District. The time and temperature area of this sign is not allowed in an "AB" District, but is permitted in
the "B-1" District. The final sign above the front entry door of the office building is proposed as a twenty
(20) square foot wall sign that complies with the "AB" District. This sign utilizes all allowable wall sign
area permitted in the "AB" District.
Nonnally a change of zoning to allow for greater signage is not a standard planning practice; however,
the South Central Plan recommends the subject property to transition to a neighborhood business district.
Properties further south of the subject property are identified as future neighborhood business properties.
The request for a change of zoning to a "B-1" Neighborhood Business District would accomplish the
objectives of the Plan.
Agenda Memorandwn
Case No. 1004-07 - (Murray Architects)
Page 2
Applicants Position: The applicant concurs with Planning Commission and Staff's recommendation.
Notification: Of the 35 notices mailed to the surrounding property owners, three were retwned in favor
and one from the outside was retwned in opposition. The 20% rule is not invoked. This case is
considered non-controversial.
/~'/4
~~~ing,AICP
Assistant Director of Development S
MNG/FGM/ml
Attachments:
1) Zoning Report
2) Planning Commission Minutes
3) Ordinance
H:\PLN.DIR\SHARED\ERMA \WORD\AGENDMEM\2004\IOO4-07 AGENDAMEMO.IXX:;
CITY COUNCIL
ZONING REPORT
Case No.: 1004-07
Planning Commission Hearing Date: October 20, 2004
a/.l = Applicant: Murray Architects
e Owner: A.G. Edwards Development
- '.c
= '; s:. Agent: Murray Architects
.~ ,!'C Legal Description/Location: Brayton Addition, Block 2, Lots 3, 4. 5, 6 and 7 and Chapman
- ...
~ ! Addition, Block 2, Lot I, located north of Agnes Street and between South Tancahua and
South Carancahua Streets.
lOIl- From: "AB" Professional Office District
= ~ To: "B-1" Neighborhood Business District
.. =
g i Area: 0.93 acre
N~ Purpose of Request: Office building and to provide for larger sign.
'l:l Zoning Existing Land Use Future Land Use
= Site "AB" Professional Office Proposed office Professional office
:3
'l:l District
= North "AB" Professional Office Right-of-way interchange Street infrastructure
os
:~ District corridor
.. '" South "AB" Professional Office Philanthropic facility Professional office,
=~
Q District neighborhood commercial
N
lOll East "A-2" Apartment House YMCA and church Professional office,
= District neighborhood commercial
..
-;;
.;:; West "AB" Professional Office Offices Professional office
Iiol District
ofj '" Area Development Plan: South Central- Transitioning of the apartment district areas to
c..= neighborhood business uses is recommended by the Plan. A change of zoning to the "B-1 "
os e
:g~ District accomplishes the objectives of the Plan.
~:s Map No.: 045044
Cl> Zoning Violations: None
-<
Zoning Report
Case No. IO04-07(Murray Architects)
Page 2
~ Street Type
0 South Carancahua Street Arterial
==
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~ South Tancahua Street Arterial
..
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. The applicant is requesting a change of zoning to a "B-1" Neighborhood Business District for
purpose of increasing the signage area for a new office building.
· An office building is a pennitted use in the existing "AB" Professional Office District.
Signage in the "AB" District is limited to one (I) freestanding sign with a maximwn area of
twenty square feet, per street frontage and a maximwn height of six feet. In addition, one (1)
wall sign with an area not to exceed four square feet, per tenant, totaling a maximwn area of
twenty (20) square feet is allowed within the "AB" District.
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. The "B-1" Neighborhood Business District permits one (1) freestanding sign with an area of
forty (40) square feet within the front yard having a maximwn height of twenty (20) feet.
Wall signs are unlimited as to nwnber and area.
· The applicant proposed four (4) signs for the office building. One sign is for the parking area
with the company name affixed to the sign area and consist of twenty (20) square feet and a
height of6' 2". TIlls sign does not meet the sign requirements of the "AB" District. The
second sign is a wall sign along the north side of the building with an area of thirty (30)
square feet that exceeds the area permitted in the "AB" District. Along Carancahua Street a
monwnent sign with time and temperature is proposed with an area of seventy (70) square
feet and height of9'l". Such sign area is greater than allowed in the "AB" District. The time
and temperature area of this sign is not allowed in an "AB" District, but is permitted in the
"B-1" District. The final sign above the front entry door of the office building is proposed as
a twenty (20) square foot wall sign that complies with the "AB" District. TIlls sign utilizes all
allowable wall sign area permitted in the "AB" District.
· Normally a change of zoning to allow for greater signage is not a standard planning practice,
however, the South Central Plan recommends the subject property to transition to a
neighborhood business district. Properties further south of the subject property are identified
as future neighborhood business properties. The request for a change of zoning to a "B-1"
Neighborhood Business District would accomplish the objectives of the Plan.
Paved Section
Volume
(2001)
5,030 a.d.t.
60' R.O. W. w/ 40' Bk to Bk
I oaved section
60' R.O.W. wi 40' Bk to Bk
I paved section
5,010 a.d.t.
..
;.a
ii:.5 The subject property is platted.
rJ:J
Zoning Report
Case No. 1004-07(Murray Architects)
Page 3
dll
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June 23, 2004, the applicant applied for a Special Use Exception to omit the off-street loading
space requirement through the Board of Adjustment. The requested action was approved by the
Board of Adjustment.
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Approval of the "B-1" Neighborhood Business District
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Approval of the "B-1" Neighborhood Business District.
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Number of Notices Mailed: 35
Favor: 3
Opposition: I from outside the area.
(As of December 9, 2004)
Attachments:
Zoning Map
Office and Signage Layout
Proposed Signs
HoIPLN-DIR\ERMA\ WORDIZONRPTS\20041Z0NlNG REPORT 1004-07.DOC
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Planning Commission Minutes
October 20, 2004
1004-07- Murray Architects
Request: Change of zoning from "AB" Professional Office District to "B-1" Neighborhood
Business District, resulting in a change ofland use from professional office to neighborhood
business.
fxcerpts from Zoning Report
Legal Description/Location: Brayton Addition. Block 2, Lots 3, 4, 5, 6 and 7 and
Chapman Addition. Block 2, Lot 1, located north of Agnes Street and between South Tancahua
and South Carancahua Streets.
Purpose of Request: Office building and to provide for larger sign.
Area Development Plan: South Central- Transitioning of the apartment district areas to
neighborhood business uses is recommended by the Plan A change in the district classification
should be based on the type of use for the property and not for signage.
Department Comments: Proliferation of signs is a major concern of the city in that a
sign commil/ee has been developed to address the issue. StajJis assisting the commil/ee, which
includes members of the Planning Commission and the sign industry, in developing improved
sign regulations for the city.
June 23. 2004, the applicant applied for a Special Use Exception to omit the off-street
loading space requirement through the Board of Adjustment. The requested action was approved
by the Board of Adjustment.
Staff Recommendation: Denial of the "B-1" Neighborhood Business District
Mrs. Goode-Macon provided graphics of the subject property and the surrounding area.
The zoning report and tape recording are on file. She slated that there were ten notices mailed.
None were received in favor and one from outside the area was received in opposition.
Mrs. Goode-Macon stated that rezoning to increase signage is an unacceptable practice as
far as land use and planning. Land use is the primary factor in determining what the future
zoning on a piece of property is to be.
The public hearing was opened.
Ms. Emily Rozypal, 4633 Bethlehem, representative of the applicant, stated she just
received the zoning report when she arrived at the meeting and did not receive the notice until
Monday. After her preliminary meeting with a City Planner, it was her understanding that the
square footage only pertained to the lettering on the signage. She stated the side signage faces
over Business 44 and is not imposing on any bnildings. She slated they were meeting all of the
zoning reqnirements for parking spaces which left no space. The setback for signage on the west
is not allowing for a monument sign.
Planning Commission Minutes
October 20, 2004
Case No. 1007-04 (Murray Architects)
Page 2
have.
Berlanga asked how many square feet are allowable and how many feet will the applicant
Mrs. Goode-Macon stated she can have 20 square feet which she now has over the door.
She can also have one freestanding sign in the "A-B" District.
Berlanga asked what she will be allowed for signage with "B-1".
Mrs. Goode-Macon stated she will have unlimited wall signage and 40 square feet for
street signage. She has the zoning required for the office, the bnilding permit, and the office is
currently under construction. Mrs. Goode-Macon reiterated we do not rezone a property because
of signage. That is an unacceptable land use practice.
Ms. Rozypal stated she misunderstood and thought only "A.G. Edwards" counted in the
square footage and the date and time did not.
Mrs. Goode-Macon stated the whole sign face counts but the base does not.
Ms. Rozypal stated the issue on Tanchua was in meeting the requirements for the parking
lot; there was not enough space left for the signage allowed for the present zoning.
Mrs. Goode-Macon stated if the property were zoned "B-1" it could have a 40 foot sign
facing each street.
Pusley conunented that zoning stays with property forever.
Stone stated they are already bnilding and are just now coming to the Commission to ask
for zoning for signage which should have been considered before. He stated with the current
zoning they were allowed to put signage on each side.
Ms. Rozypal stated that was correct but the site requirements don't allow the space for it.
Mrs. Goode-Macon stated that the time and temp on one sign is not allowed either.
Mr. Gunning stated it appeared Ms. Rozypal thought she was told something other than
what was in the zoning report. Ms. Rozypal stated on the front monument sign it was her
understanding they were allowed to have the time and temperature and it did not count toward the
signage square foot requirements. This was discussed months ago.
Mr. Mat Paul, 5333 Northwest Trail, Branch Manager of E.G. Edwards stated he had
conversations with sign companies they had conversations with staff. It was the sign companies
understanding there was not an issue with the monument sign. He thought the issue they were
coming to discuss tonight was the question of putting a sign on the north side of the building. If
the issue is being to close to property line they could probably do without that, but they can not
do that and not have a sign on the wall either. There were issues were being bronght up tonight
that they were told would not be an issue. He stated he is disappointed and they were told by
staff that rezoning was the way to solve this issue.
Planning Commission Minutes
October 20, 2004
Case No. 1007-04 (Murray Architects)
Page 3
Mr. Gwming stated that Mr. Saldafta was the planner at that time and told them time and
temp was acceptable. The City has permitted time and temperature to be incorporated into "B-1"
signage for some uses. The concern is now is with the height of one sign being proposed.
Mr. Paul stated they may be able to adjust that with the design of the sign.
Chairman Berlanga clarified that the holdup is the monument sign and the wall sign
because of the wning.
Braselton stated they would try to accommodate "B-1" signage if possible. There is no
residential in area that this signage would be problem for.
Stone stated the City does have a sign problem and it bothers him the applicant started
building and then asked for a zoning change. He proposed a special permit. Mrs. Goode Macon
stated that is not allowed in the ordinance. We either have to rewne or deny it.
Salazar stated he had no issue with sign but he had an issue with "B-1". If they were
granted the zoning change they could do what they wanted with the property. He asked staff if
there were any way to give them what they want without rewning.
Mr. Gunning stated there was no way other than possibly deed restricting the property.
Mr. Andy Lerman, 3360 Mavis, General Partner and Developer, acknowledged Stone's
concerns regarding the timing of the zoning request. He slated there were discussions between
the architect and staff and this is the route the city asked them to take. He was closely involved
as a general partner and if they had known about this problem, would have been here earlier. He
stated the tenant signed ten year lease with two-five year options and had no intention to make it
into another business. Everything is being done first class. He hoped Commission agrees the
City in need of expansion and opportunities to bring in new business to the downtown area. Mr.
Lennan stated they had made a big investment and hoped the people involved in making this
decision don't discourage people from developing. They have done everything the City has
asked. Signage is very important to them.
Mrs. Goode-Macon stated she did meet with Ms. Rozypal and explained the ouly option
for her to investigate would be rezoning and that staff's recommendation would be for denial.
Pusley stated this Commission has been very pro-business and he takes it personal when
someone says this Commission is not. He stated it is late in the game to try to change wning now
to allow for additional signage.
Mr. Lennan stated his comments were not intended to be interpreted like that.
Ms. Rozypal stated there was a misunderstanding. When they begin designing the
project, staff told them they were in a "B-1" District and the project was designed around that.
When they went in for permitting is when Mr. Saldafta informed them they were zoned "A-B".
The public hearing was closed.
Planning Commission Minutes
October 20, 2004
Case No. 1007-04 (Murray Architects)
Page 4
Berlanga commented this is a beautiful building and commend the applicant for making
this investment in the area. The Commission's philosophy is that it is wrong to change zoning for
additional signage but they do want to encourage investment. He did not feel the building will
turn into bar or convenience store. This puts the Commission in a dilemma. However it goes, the
applicant will have another opportunity with Council.
Stone stated he agreed with Berlanga that this goes against principal to get additional
signage by rezoning. There was mis-communication along the way and in this case, we may
have special circumstances and should rezone.
Braselton stated did not think this was a bad place for "B-1" zoning and is for the change.
Salazar stated he did not like "B-1. He asked what "the South Central transitioning of the
Apartment District to the Neighborhood Business Use is recommended by the Plan" means.
Mrs. Goode-Macon stated the South Central Plan does recommend the corridor between
Tanchua and Caranchua to develop as "B-1", however it is against Development Services land
use practices to change zoning due to signage. It is up to the Commission to make their
recommendation to Council.
Salazar stated he would swing with Braselton and Stone. The area is high traffic anyway.
Pusley asked Mr. Gunning about staff telling Ms. Rozypal they were zoned "B-1". Mr.
Gunning replied he does not engage anyone on who said what, especially two years ago; he asks
staff to provide written response's so there is a record. Zoning maps have been on the City web
site for some time for applicants to check information.
The public hearing was closed.
A motion was made by Stone and seconded by Salazar to approve the "B-1" District.
The motion passed with Pusley in opposition.
Salazar stated we should take into account that in this Master Plan recommends
development in that direction. His consideration has nothing to do with signage.
Page 1 of 3
AN ORDINANCE
AMENDING THE ZONING ORDINANCE, UPON APPLICATION
BY MURRAY ARCHITECTS BY CHANGING THE ZONING MAP IN
REFERENCE TO BRAYTON ADDITION, BLOCK 2, LOTS 3, 4, 5, 6,
AND 7, CHAPMAN ADDITION, BLOCK 2, LOT 1, FROM "AB"
PROFESSIONAL OFFICE DISTRICT TO "B-1" NEIGHBORHOOD
BUSINESS DISTRICT; AMENDING THE COMPREHENSIVE PLAN TO
ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING
COMPREHENSIVE PLANj PROVIDING FOR PUBLICATION; AND
DECLARING AN EMERGENCY.
WHEREAS, the Planning Commission has forwarded to the City Council its reports and
recommendations concerning the application of Murray Architects for amendment to the
City of Corpus Christi Zoning Ordinance and Zoning Map;
WHEREAS, with proper notice to the public, public hearings were held on Wednesday,
October 20, 2004, during a meeting of the Planning Commission, and on Tuesday,
December 14, 2004, during a meeting of the City Council, in the Council Chambers, at
City Hall, in the City of Corpus Christi, during which all interested persons were allowed
to appear and be heard; and
WHEREAS, the City Council has determined that this amendment would best serve
public health, necessity, and convenience and the general welfare of the City of Corpus
Christi and its citizens.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is
amended by changing the zoning on Brayton Addition, Block 2, Lots 3, 4, 5, 6 and 7 and
Chapman Addition, Block 2, Lot 1, located north of Agnes Street and between South
Tancahua and South Carancahua Streets, from "AB" Professional Office District to
"B-1" Neighborhood Business District. (045044)
SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is
amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this
ordinance.
SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi,
Texas, approved on the 27th day of August, 1937, 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.
H:\LEG-DI R\Joseph\Zoning-04 \ 1 004-07Regular.doc
Page 2 of 3
SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance
are hereby expressly repealed.
SECTION 6. That publication shall be made in the official publication of the City of
Corpus Christi as required by the City Charter of the City of Corpus Christi.
SECTION 7. That upon written request of the Mayor or five Council members, copy
attached, the City Council (1) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and (2) suspends the Charter rule as to consideration and voting upon ordinances at
two regular meetings so that this ordinance is passed upon first reading as an
emergency measure on this 14th day of December, 2004.
ATTEST:
THE CITY OF CORPUS CHRISTI
Samuel L. Neal, Jr.
Mayor, The City of Corpus Christi
Armando Chapa
City Secretary
APPROVED U~y~(~ J
,
Joseph ~ d----O
Assistant City Attorney
For City Attorney
2004
H :\LEG-DIR\Joseph\Zoning-04\ 1 004-07Regular.doc
Page 3 of 3
Corpus Christi, Texas
day of
,2004
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, The City of Corpus Christi
Council Members
The above ordinance was passed by the following vote:
Samuel L. Neal, Jr.
Brent Chesney
Javier D. Colmenero
Melody Cooper
Henry Garrett
William Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
H:\LEG-DI R\Joseph\Zoning-04\ 1 004-07Regular.doc
39
AGENDA MEMORANDUM
PUBLIC HEARING - ZONING (City Council Action Date: December 14, 2004 )
Case No.: 1004-09, Henrv Tucker: "F-R" Farm-Rural District to "R-IB" One-
familyDwellingDistrict, "R-lC" One-family Dwelling District, and "B-4" General Business
District. Property is located 136.73 acres out of Mcintyre Partition of the Mariano Lopez de
Herrera Grant, Tract 4, Abstract 606, Nueces County, Texas, as described in Warranty Deed,
Volume 2210, Page 748, Deed Records of Nueces County, Texas, located south of Northwest
Boulevard and west ofF.M. 1889.
Plannine Commission and Stafrs Recommendation (10/20/04):
Tract 1 - Approval of the "R-lB" One-family Dwelling District.
Tract 2 - Approval of the "R-lC" One-family Dwelling District.
Tract 3 - Denial of the "B-4" General Business District and approval of "B-1 " Neighborhood Business District.
Requested Council Action:
Tract 1 - Approval of the "R-IB" One-family Dwelling District.
Tract 2 - Approval of the "R-IC" One-family Dwelling District.
Tract 3 - Denial of the "B-4" General Business District and approval of "B-1 " Neighborhood Business District
and the adoption of the attached ordinance.
Purpose of Request: Tract I - 317 single-family residential lots Tract 2 - 145 single-family residential
lots Tract 3 - Undecided; eventually to be developed with uses allowed in "B-4" Zoning District.
Summary:
. Applicant requesting a change of zoning on Tract 1 to "R-lB" and on Tract 2 to "R-IC", both being
One-family Dwelling Districts for development of a single-family residential subdivision, named The
Great Outback. Applicant is also requesting a change of zoning on Tract 3 to "B-4" for future
development of uses permitted within the "B-4" General Business District.
. Tract 1 consists of 1 04.4 acres proposed for development of 317 single-family residential lots.
. Tract 2 consists of 24.93 acres proposed for development of 145 single-family residential lots.
. Tract 3 consists of7.76 acres proposed for development of uses permitted within the "B-4" General
Business District. No specific uses or development of Tract 3 have been presented by the applicant.
. All three tracts are located within the Northwest Area Development Plan area. The future land use
map recommends Tracts I and 2 to develop with multi-family and traditional neighborhood
residential uses and Tract 3 to develop with multi-family residential and traditional neighborhood
residential uses, not general commercial uses as proposed by the applicant.
. The proposed subdivision consisting of 462 total single-family dwelling units (includes both Tract I
and 2) will generate 4,620 average daily trips onto FM 1889 and FM 624. Tract 3 if developed with
typical neighborhood commercial development will generate approximately 2,031 average daily trips
onto FM 1889.
Agenda Memorandum
Case No. 1004-09 - (Henry Tucker)
Page 2
. FM 1889 is a rural arterial that is currently improved with a two lane rural pavement section. TxOOT
is currently widening the roadway section by reconstructing and wIdening the existing travel lanes,
addmg 10 foot paved shoulders on each side, and adding a center left hand turn lane at its intersection
with FM 624. The projected traffic generated by the proposed subdivision and neighborhood
commercial development (6,651 a.d.!.) can be accommodated by these two arterial roadways.
. The demand for water/wastewater service of the residential subdivision is projected at 115,500
gallons per day with a solid waste demand of 4, 112 lbs. daily. The demand for water/wastewater
service of the neighborhood commercial development is projected at 15,529 gallons per day with a
solid waste demand of 4,500 lbs. daily.
Applicant's Position: The applicant concurs with Planning Commission and StaIrs
recommendation.
Notification: Of the 37 notices mailed to the surrounding property owners, one was returned in favor and
zero were received in opposition. The 20% rule is not invoked. This case is considered
noncontroversial,
//L'.~.
~c1:~H'~n:ng, AICP
Assistant Director of Development Services
MNG/FGM/ca
Attachments:
1) Zoning Report
2) Planning Commission Minutes
3) Ordinance
H:\PLN-DIR\SHARED\ERMA \ WORD\AGENDMEM\2004\ I 004-09AGENDAMEMO.DOC
Zoning Report
Case No.1 004-09 (Henry Tucker)
Page I
CITY COUNCIL
ZONING REPORT
Case No.: 1004-09
Planning Commission Hearing Date: October 20, 2004
~ = Applicant: Henry Tucker
<=
.... .. Owner: Eighteen Eighty Nine Group
= - ....
" " c.
CJ ell.... Agent: Russell Veteto Engineering - Pat Veteto
..... Q,J a...
c.~ ~ Legal Description/Location: 136.73 acres out of 147.96 acres recorded in V.22l0, P.748,
c. ..
-< ~ D.R.N.C.T.; located south ofF.M. 624 (Northwest Boulevard) and west ofF.M. 1889.
.... From: "FR" Farm Rural District
'"
.. To: Tract 1 - "R-lB" One-Family Dwelling District
=
0" Tract 2 - "R-1C" One-Family Dwelling District
..
~ Tract 3 - "B-4" General Business District
t)/)
= Area: Tract 1 - 104.4 acres Tract 2 - 24.93 acres Tract 3 - 7.76 acres Total- 136.73 acres
'c Purpose of Request: Tract 1 - 317 single-family residential lots Tract 2 - 145 single-family
<=
N residential lots Tract 3 - Undecided; eventually to be developed with uses allowed in "B-4"
Zoning District.
'" Zoning Existing Land Use Future Land Use
..
'" Site "FR" Farm-Rural District Undeveloped Traditional neighborhood
;l
.., residential
= North "B-4" General Business Nursing home, Commercial and
"
...l commercial, and multifamily residential
..,
= nrofessional offices
"
t)/) South Outside City Limits Single-family dwellings Traditional neighborhood
= residential
'c
<= East "FR" Farm-Rural District Undeveloped, light Traditional neighborhood
N
t)/) industrial, and single residential
= familv dwellings
..
....
'" West Outside City Limits Undeveloped Traditional neighborhood
..
..
... residential
~ ., Area Development Plan: Northwest - The requested "R-lB" District and "R-lC" District are
c.= consistent with the future land use map. The requested "B-4" District is inconsistent with the
" <=
~'; future land use map which recommends multi-family residential and traditional neighborhood
~] residential uses.
~> Map No.: 069050, 051
-< Zoning Violations: None
Zoning Report
Case No. 1004-09 (Henry Tucker)
Page 2
. Applicant requesting a change of zoning on Tract 1 to "R-1B" and on Tract 2 to "R-1C",
both being One-family Dwelling Districts for development of a single-family residential
subdivision, named The Great Outback. Applicant is also requesting a change of zoning on
Tract 3 to "B-4" for future development of uses permitted within the "B-4" General Business
District.
. Tract 1 consists of I 04.4 acres proposed for development of 317 single-family residential
lots.
. Tract 2 consists of24.93 acres proposed for development of 145 single-family residential
lots.
. Tract 3 consists of7.76 acres proposed for development of uses permitted within the "B-4"
General Business District. No specific uses or development of Tract 3 have been presented
by the applicant.
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. All three tracts are located within the Northwest Area Development Plan area. The future
land use map recommends Tracts 1 and 2 to develop with multi-family and traditional
neighborhood residential uses and Tract 3 to develop with multi-family residential and
traditional neighborhood residential uses, not general commercial uses as proposed by the
applicant.
. The proposed subdivision consisting of 462 total single-family dwelling units (includes both
Tract 1 and 2) will generate 4,620 average daily trips onto FM 1889 and FM 624. Tract 3 if
developed with typical neighborhood commercial development will generate approximately
2,031 average daily trips onto FM 1889.
. FM 1889 is a rural arterial that is currently improved with a two lane rural pavement section.
TxDOT is currently widening the roadway section by reconstructing and widening the
existing travel lanes, adding 10 foot paved shoulders on each side, and adding a center left
hand turn lane at its intersection with FM 624. The projected traffic generated by the
proposed subdivision and neighborhood commercial development (6,651 a.d.t.) can be
accommodated by these two arterial roadways.
. The demand for water/wastewater service of the residential subdivision is projected at
115,500 gallons per day with a solid waste demand of 4,l12lbs. daily. The demand for
water/wastewater service of the neighborhood commercial development is projected at
15,529 gallons per day with a solid waste demand of 4,500 lbs. daily.
Zonmg Report
Case No. 1004-09 (Henry Tucker)
Page 3
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Street
Type
Paved Section
F.M.1889
Rural Arterial
80' ROW w/ two 12 foot
wide travel lanes on rural
paved section
Planned ~ IOO'ROW w/ four
12 foot wide travel lanes with
16' median on 72' Bk. to Bk.
paved section
150' ROW w/ four 12 foot
wide travel lanes with 14 foot
wide center left turn lane
within a 62 foot wide rural
paved section
Planned - 150'ROW w/ six
12 foot wide travel lanes with
16' median within 96 foot
wide pavement section
F.M.624
Rural Arterial
Volume
1200n
4,110 a.d.t.
18,900 a.d. t.
A preliminary plat on the 137.3 acre property is currently being considered by the Planning
Commission. The property is subject to platting requirements.
The Northwest Area Development Plan future land use map recommends Tract 1, proposed for
"R-lB", to develop as multi-family residential and traditional neighborhood residential. The
proposed "R-lE" District is an acceptable designation for the subject property, in that it allows
for traditional neighborhood residential development and reduces potential commercial
development near existing single-family residential areas to the south and east and future
traditional neighborhood residential areas to the east and west. Tract 2 "R-IC" District request is
supported by the Northwest ADP future land use map that recommends Tract 2, proposed for "R-
lC", to develop as traditional neighborhood residential. The proposed "R-lC" District is an
acceptable designation for the subject property. Tract 3 "B-4" District request is not supported
by the Northwest ADP future land use map that recommends Tract 3, proposed for "B-4", to
develoo as multi-familv residential and traditional neighborhood residential.
Tract 1 ~ Approval of the "R-lE" One-family Dwelling District.
Tract 2 - Approval of the "R-IC" One-family Dwelling District.
Tract 3 - Denial of the "B-4" General Business District and approval of "B-1" Neighborhood
Business District. Staff feels that Neighborhood Business Zoning is more appropriate for this
location which will be adjacent to traditional neighborhood residential uses to the west, south and
to the east across FM 1889. "B-1" Neighborhood Business Zoning will also provide a
transitional use from the "B-4" General Business Zoning to the north and the proposed traditional
neighborhood residential uses to the south.
Zoning Report
Case No. 1004-09 (Henry Tucker)
Page 4
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Tract 1 - Approval of the "R-IB" One-family Dwelling District.
Tract 2 - Approval of the "R-IC" One-family Dwelling District.
Tract 3 - Denial of the "B-4" General Business District and approval of "B-1" Neighborhood
Business District. Staff feels that Neighborhood Business Zoning is more appropriate for this
location which will be adjacent to traditional neighborhood residential uses to the west, south and
to the east across FM 1889. "B-1" Neighborhood Business Zoning will also provide a
transitional use from the "B-4" General Business Zoning to the north and the proposed traditional
nei hborhood residential uses to the south.
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Number of Notices Mailed: 37
Favor: 1
Opposition: 0
(As of December 8, 2004)
Attachments: Zoning Map
Preliminary Layout
H:\P LN-OIR \SIIA REm WORD\ZON RPTS\1004\ I 004-09CCREPORT DOC
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Planning Commission
Case No.1 004-09 (Henry Tucker)
October 20, 2004
1004-09 - Henry Tucker
Request: Change ofzonmg from "F-R" Farm-Rural District to "R-IB" One-family Dwelling
Neighborhood District, "R-IC" One-family Dwelling District, and "B-4" General Business
District, resulting in a land use change from agriculture to low-density residential and general
business.
Excerpts from Zoning Report
Legal Description/Location: 136.73 acres out of 147.96 acres recorded in V.221 0,
P.748, D.R.N.C.T.; located south ofF.M 624 (Northwest Boulevard) and west ofF.M 1889.
Purpose of Request: Tract 1 - 317 single-family residential lots Tract 2 - 145 single-
family residential lots Tract 3 - Undecided; eventually to be developed with uses allowed in "B-
4 " Zoning District.
Area Development Plan: Northwest - The requested "R-1B" District and "R-1C"
District are consistent with the future land use map. The requested "B-4" District is inconsistent
with the future land use map which recommends multi-family residential and traditional
neighborhood residential uses.
Staff Recommendation:
Tract 1 - Approval of the "R-1 B" One-family Dwelling District.
Tract 2 - Approval of the "R -1 C " One-family Dwelling District.
Tract 3 -Denial of the "B-4" General Business District and approval of "B-1"
Neighborhood Business District. Stafffeels that Neighborhood Business Zoning is more
appropriate for this location which will be adjacent to traditional neighborhood residential uses
to the west, south and to the east across FM 1889. "B-1" Neighborhood Business Zoning will
also provide a transitional use from the "B-4" General Business Zoning to the north and the
proposed traditional neighborhood residential uses to the south.
Mrs. Goode-Macon provided graphics of the subject property and the surrounding area.
The zoning report and tape recording are on file. She stated that there were 37 notices mailed.
One was received in favor and none in opposition.
Mr. Benny Perez, 3782 Barbara Lane, stated he had concems with drainage. He stated
there is tremendous flooding in that area and water drains to the comer of 1889 and the south
boundary line of Tract I.
Berlanga asked if this is the case with detention ponds.
Mr. Saldana stated the preliminary plat passed tonight and this issue will be defined in the
plat process
I
Planning Commission
Case No. 1004-09 (Henry Tucker)
October 20, 2004
Mr. Pat Veteto, Buffalo Street, stated they would create a detention pond in the
subdivIsion. They would also widen the road and improve the ditch. It will be sized for a two
year storm event; will retain water from the subdivision and drain at a two year rate. It will also
hold a 100 year storm event and will discharge at 200 year storm event.
The public hearing was closed.
A motion was made by Braselton and seconded by Salazar to approve the "R-lB" District
on Tract 1, the "R-l C" District on Tract 2, and denial of the "B-4" and in lieu of, approval the
"B-1" District on Tract 3. The motion passed by all present.
2
Page 1 of 3
AN ORDINANCE
AMENDING THE ZONING ORDINANCE, UPON APPLICATION
BY HENRY TUCKER BY CHANGING THE ZONING MAP IN
REFERENCE TO 136.73 ACRES OUT OF MCINTYRE PARTITION OF
THE MARIANO LOPEZ DE HERRERA GRANT, TRACT 4, ABSTRACT
606, NUECES COUNTY, TEXAS AS DESCRIBED IN ~ARRANTY
DEED, VOL. 2210, PAGE 748 D.R.N.C.T., FROM "FR" FARM RURAL
DISTRICT TO TRACT -1 "R-1B" ONE-FAMILY DWELLING DISTRICT,
TRACT 2- "R-1C" ONE-FAMILY DWELLING DISTRICT, AND TRACT 3-
"B-1" NEIGHBORHOOD BUSINESS DISTRICT; AMENDING THE
COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS
FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING FOR
PUBLlCATIONj AND DECLARING AN EMERGENCY.
WHEREAS, the Planning Commission has forwarded to the City Council its reports and
recommendations concerning the application of Henry Tucker for amendment to the
City of Corpus Christi Zoning Ordinance and Zoning Map;
WHEREAS, with proper notice to the public, public hearings were held on Wednesday,
October 20, 2004, during a meeting of the Planning Commission, and on Tuesday,
December 14, 2004, during a meeting of the City Council, in the Council Chambers, at
City Hall, in the City of Corpus Christi, during which all interested persons were allowed
to appear and be heard; and
WHEREAS, the City Council has determined that this amendment would best serve
public health, necessity, and convenience and the general welfare of the City of Corpus
Christi and its citizens.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is
amended by changing the zoning on 136.73 acres out of Mcintyre partition of the
Mariano Lopez de Herrera Grant, Tract 4, Abstract 606, Nueces County, Texas as
described in Warranty Deed, Vol. 2210, Page748, D.R.N.C.T., located south of
Northwest Boulevard (F.M. 624) and west of F.M. 1889, from "F-R" Farm - Rural
District to Tract 1- "R-1 BOO One-family Dwelling District, Tract 2- "R-1 Coo One-family
Dwelling District, and Tract 3- "B-1" Neighborhood Business District, as shown on the
attached Exhibit. (069050,069051)
SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is
amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this
ordinance.
SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi,
Texas, approved on the 27th day of August, 1937, as amended from time to time,
H :\LEG-DI R\Joseph\Zoning-04\ 1 004-09StaffPCAlternative.doc
Page 2 of 3
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 all ordinances or parts of ordinances in conflict with this ordinance
are hereby expressly repealed.
SECTION 6. That publication shall be made in the official publication of the City of
Corpus Christi as required by the City Charter of the City of Corpus Christi.
SECTION 7. That upon written request of the Mayor or five Council members, copy
attached, the City Council (1) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and (2) suspends the Charter rule as to consideration and voting upon ordinances at
two regular meetings so that this ordinance is passed upon first reading as an
emergency measure on this 14th day of December, 2004.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED &(t...~v 1
Joseph H~ ,~./
Assistant City Attorney
For City Attorney
Samuel L. Neal, Jr.
Mayor, The City of Corpus Christi
2004
H:\LEG-DIR\Joseph\Zoning-04\ 1 004-09StaffPCAlternative.doc
Page 3 of 3
Corpus Christi, Texas
day of
,2004
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, The City of Corpus Christi
Council Members
The above ordinance was passed by the following vote:
Samuel L. Neal, Jr.
Brent Chesney
Javier D. Colmenero
Melody Cooper
Henry Garrett
William Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
H:\LEG-DIR\Joseph\Zoning-04\ 1 004-09StaffPCAlternative.doc
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DEC-l,2004 15:38 FROM:CITY OF CORPUS CHRIS 3618263560
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P.5
PROPERTY DESCRIPTION
TRACTI - R-IB
STATE OF TEXAS
COUNTY OF NUECES
Field notes of a ] 04.04 acre tract being out of a 147.96 acre tract, being a portion of Tract 4 of the
McIntyre partition of the Mariano Lopez de Herrera Grant, Abstract 606, Nueces County, Texas and
said acre tract is described in a Warranty Deed, recorded in Volume 2210, Page 748, Deed Records,
Nueces County, Texas.
Said 104.04 acre tract is situated in Nueces County, Texas approximately 17 miles west of Corpus
Christi, and is described by metes and bounds as follows:
BEGINNING at a 5/8" iron rod found at the northwest comer of the Rio Lado Acres, Unit 2,
recorded in Volume 44, Pages ]90-]9], Map Records of Nueces County, Texas for the southwest
comer of this tract;
THENCE N 09010' 16" E along the east line of the Katherine Lontos and west line of this tract, a
distance of2038.13 feet to a 5/8" iron rod set for the northwest comer of this tract, whence a 5/8"
iron rod set at the northwest comer of said 147.96 acre tract bears N 90 10' ] 6" E, a distance of
274.76 feet;
THENCE S 840 32' 23" E along the north line of this tract, a distance of] 144.25 feet to a point for
an angle corner of this tract;
THENCE S 090 40' 58" W, a distance of 835 84 feet to a point for an angle comer of this tract;
THENCE S 80019' 02" E, a distance of625.00 feet to a point for an angle corner of this tract;
THENCE S 09040' 58" W, a distance of79.64 feet to a point for an angle comer of this tract;
THENCE S 800 19' 02" E, a distance of ]]37.25 feet to a point on the west right-of-way of FM
Highway ]889, an angle corner of this tract and the beginning of a circular curve to the left, which
has a central angle of 000 ] I' 29", a radius of]6,464.15 feet, a tangent distance of27.5] feet, an arc
length of55.0], a chord bearing ofS 90 35' 28" W, and a chord distance of55.0l feet;
THENCE along said curve to the left, a distance of 55.01 feet to a TXDOT monument found at the
point of tangency and corner of this tract;
THENCE S 90 28' 57" W along the west right-of-way of said FM Highway ]889 and east line of
this tract, a distance of] ]50.39 feet to a TXDOT monument found at the north line of Rio Lado
Acres Unit 1, recorded in Volume 42, Page 60, Map Records of Nueces County, Texas for the
southeast corner of this tract;
THENCE N 80020' 44" W along the north line of said Rio Lado Acres Unit 1 and 2, a.distance of
2889.3] feet to the BEGINNING POINT, and containing ]04.04 acres, more or less.
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DEC-l,2004 15:39 FROM:CITY OF CORPUS CHRIS 3618263560
TO: 98803239
P.6
PROPERTY DESCRIPTION
TRACTn - R-tC
STATE OF TEXAS
COUNTY OF NUECES
Field notes of a 24.93 acre tract being out of the north portion ofa 147.96 acre tract, being a portion
of Tract 4 of the McIntyre partition of the Mariano Lopez de Herrera Grant, Abstract 606, Nueces
County, Texas and said acre tract is described in a Warranty Deed, recorded in Volume 2210, Page
748, Deed Records, Nueces County, Texas.
Said 24.93 acre tract is situated in Nueces County, Texas approximately 17 miles west of Corpus
Christi, and is described by metes and bounds as follows:
COMMENCING at a 5/8" iron rod found at the northwest corner of the Rio Lado Acres, Unit 2,
recorded in Volume 44, Pages 190-19], Map Records ofNueces County, Texas;
THENCE N 9010' 16" E along the east line of the Katherine Lontos and west line of said 147.96
acre tract, a distance of2038.13 feet to a 5/8" iron rod set for the northwest comer ofa 137.27 acre
tract, whence a 5/8" iron rod set at the northwest comer of said 147.96 acre tract bears N 9010' 16"
E, a distance of274.76 feet,
THENCE S 840 32' 23" E, a distance of 1144.25 feet to the BEGINNING POINT and northwest
corner ofthis tract;
THENCE S 840 32' 23" E along the north line of this tract, at 360.67 feet pass a 5/8" iron rod found
at the southwest comer of Lot 4, Block 2, West River Place Unit I, recorded in Volume 50, Page
23, Map Records ofNueces County, Texas, in all a distance of 990.40 feet to a 5/8" iron rod found
at an angle comer of Lot 7 of West River Place Unit I recorded in Volume 55, Page 200, Map
Records ofNueces County, Texas, for an angle corner of this tract;
THENCE S 5026' 58" W along the west line of said West River Place Unit 1 and east line of this
tract, a distance of305.06 feet to a 5/8" iron rod found at the southwest comer of Lot 7 of said West
River Place Unit 1 for an angle comer of this tract;
THENCE S 840 32' 23" E along the south line of Lot 7 and north line of this tract, a distance of
255.70 feet to a point for the northeast comer of this tract;
THENCE S 09040' 58" W along the east line ofthis tract, a distance of 703.05 feet to a point for
the southeast corner of this tract;
THENCE N 800 19' 02" W, a distance of 640.22 feet to a point for an angle comer of this tract;
THENCE N 090 40' 58" E, a distance of79.64 feet to a point for an angle corner of this tract;
THENCE N 800 ]9' 02" W, a distance of625.00 feet to a point for an angle corner of this tract;
THENCE N 090 40' 58" E, a distance of 835.84 feet to the BEGINNING POINT, and containing
24.93 acres, more or less.
c.o-~ \00\.\-09
DEC-1-2004 16:48 FROM:CITY OF CORPUS CHRIS 3618253550
TO: 98803239
P.2
PROPERTY DESCRIPTION
TRACT DI - B- '1-
STATE OF TEXAS
COUNTY OF NUECES
Field notes ofa 7.76 acre tract being out of the north portion ofa 147.96 acre tract, being a portion
of Tract 4 of the McIntyre partition of the Mariano Lopez de Herrera Grant, Abstract 606, Nueces
County, Texas and said acre tract is described in a Warranty Deed, recorded in Volume 2210. Page
748, Deed Records, Nueces County, Texas
Said 7.76 acre tract is situated in Nueces County, Texas approximately 17 miles west of Corpus
Christi, and is described by metes and bounds as follows:
COMMENCING at a 5/8" iron rod found at the northwest corner of the Rio Lado Acres, Unit 2,
recorded in Volume 44, Pages J 90-191, Map Records ofNueces County, Texas;
THENCE N 09" 10' 16" E along the east line of the Katherine Lontos and west line of said 174.96
acre tract, a distance of2038.13 feet to a 5/8" iron rod set for the northwest corner of a 137.267 acre
tract, whence a 5/8" iron rod set at the northwest corner of said 147.96 acre tract bears N 90 10' 16"
E, a distance of274.76 feet;
THENCE S 840 32' 23" E, at 1504.92 feet pass a 5/8" iron rod found at the southwest comer of Lot
4, Block 2, West River Place Unit 1, recorded in Volume 50, Page 23, Map Records of Nueces
County, Texas, in all a distance of2134.65 feet to a 5/8" iron rod found at an angle corner of Lot 7
of West River Place Unit 1 recorded in Volume 55, Page 200, Map Records ofNueces County,
Texas;
THENCE S 05026' 58" W along the west line of said West River Place Unit I, a distance of305.06
feet to a 5/8" iron rod found at the southwest comer of Lot 7 of said West River Place Unit 1;
THENCE S 840 32' 23" E along the south line of Lot 7, a distance of 255.70 feet to the
BEGINNING POINT and northwest comer of this tract;
THENCE S 840 32' 23" E along the south line of Lot 7 and Lot 8 and north line of this tract, a
distance of 505.50 feet to a 5/8" iron rod set for the northeast comer of this tract and the beginning
of a circular curve to the right, which has a central angle of 000 46' 19", a radius of 16,344.15 feet,
a tangent distance of 110.11 feet, an arc length of220.2l, a chord bearing ofS 10007' 27" Wand a
chord distance of220.2l feet;
THENCE along said curve to the right, a distance of 220.21 feet to a TXDOT monument found at
the point of tangency;
THENCE S 100 25' 50" W along the west right-of-way of said FM Highway 1889 and east line of
this tract, a distance of 292.84 feet to a TXDOT monument found for a comer of this tract and the
beginning of a circular curve to the left, which has a central angle of 000 47' 26", a radius of
16,464.15 feet, a tangent distance of 113.60 feet, an arc length of 227.20, a chord bearing of S 100
04' 56" W, and a chord distance of227.20 feet;
c. CA. ~...J< \ D O~ - aq
DEC-1-2004 16:53 FROM:CITY OF CORPUS CHRIS 3618263560
TO: 98803239
P.1
Propeny Description - Tmct 111
680-04013
September 17,2004
Page 2
THENCE along said curve to the left, a distance of227.20 feet to a point for the southeast comer of
this tract;
THENCE N 800 19' 02" W along the south line of this tract, a distance of 497.03 feet to a point for
the southwest comer of thi s tract;
THENCE N 090 40' 58" E along the east line of this tract, a distance of 703.05 feet to the
BEGINNING POINT, and containing 7.76 acres, more or less.
~9't ~ \ CO~.-O '1
40
AGENDA MEMORANDUM
PUBLIC HEARING - ZONING (City Council Action Date: December 14, 2004 )
Case No.: 1004-10. Esparza Pest Control: A change from "A-I" Apartment House District to "B-4"
General Business District. The property is located in the South Park Subdivision, Block 2, Lot I,
located northeast of South Padre Island access road and Anthony Street intersection.
Planninl! Commission and Staffs Recommendation (October 20,2004): Denial of the "B-4"
General Business District and Approval of a "B-1" Neighborhood Business District.
Requested Council Action: Denial of the "B-4" General Business District and Approval of a "B-1"
Neighborhood Business District.
Purpose of Request: For a pest control business in an existing structure.
Summarv:
. Applicant requesting a change of zoning to "B-4" General Business District for a pest control
business in an existing structure on a 0.17 acre lot area.
. The existing structure consists of a 9] 0 square foot one-story residential structure that is planned for
remolding. Included on the property are two garages. One garage is 584 square feet and will house
two business vehicles. The other garage is 372 square feet and is planned as a storage facility for the
use.
. Hours of operation are from 8 a.m. to 5 p.m., Monday through Saturday. The applicant intends to
employ two offices workers and two pest control technicians.
· Access is provided along South Padre Island Drive frontage road. The existing driveway of the
subject property along Anthony Street, a local street, is proposed for closure. With the closure ofthe
driveway along Anthony Street the property will have direct access to the S.P.J.D. frontage road
without traversing the residential area to the north.
· West of the subject property is a "B-4" District developed with an upholstery business and to the east
is an auto sales lot within a "B-1" District. Along the north property line of the subject property is an
"A-I" District. With the approval ofa "B-1" District on the subject property a standard screening
fence along the north property line would be required.
. The Southeast future land use map supports business development along the corridor of the subject
property .
Agenda Memorandum
Case No. 1004-10 - (Esparza Pest Control)
Page 2
Applicant's Position: The applicant concurs with Planning Commission and Staffs
recommendation.
Notification: Of the 25 notices mailed to the surrounding property owners, one was returned in favor and
one was received in opposition. The 20% rule is not invoked. This case is considered
noncontroversial.
MNG/FGM/ca
Attachments:
1) Zoning Report
2) Planning Commission Minutes
3) Ordinance
H:\PLN-DIRISHAREDlERMA \ WORDIAGENDMEM\20041l 004-1 OAGENDAMEMO.DOC
CITY COUNCIL
ZONING REPORT
Case No.: 1004-10
Planning Commission Hearing Date: October 20, 2004
o(l c Applicant: Esparza Pest Control
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.. Owner: Willie Esparza
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~ bJ:l._ Agent: Joe L. Garcia
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Q.~ ~ Legal DescriptionILocation: South Park Subdivision, Block 2, Lot 1, located northeast of South
co. ..
-< Q Padre Island access road and Anthony Street intersection
tlJ)<;; From: "A-I" Apartment House District
c .. To: "B-4" General Business District
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0" Area: 0.17 acre
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NCl:: Purpose of Request: Pest control business
"0 Zoning Existing Land Use Future Land Use
= Site "A-I" Apartment House Residential structure General Commercial
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c North "A-l" Apartment House Low-density residential General Commercial
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c .. South "A-I" Apartment House South Padre Island Access General Commercial
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tlJ) East "B-1" ISP Neighborhood Auto sales lot General Commercial
.5 Business District
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'" West "B-4" General. Business Upholstery business General Commercial
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o(l '" Area Development Plan: Southeast ~ The Southeast Area Development Plan's future land use
co. = map recommends the area to develop with general commercial uses. The requested "B-1" District
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::;~ accomplishes the objectives of the Plan.
~:s Map No.: 046037
Q> Zoning Violations: None
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Zoning Report
Case No.1 004-1 0 (Esparza Pest Control)
Page 2
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. Applicant requesting a change of zoning to "B-4" General Business District for a pest control
business in an existing structure on a 0.17 acre lot area.
. The existing structure consists of a 910 square foot one-story residential structure that is
planned for remolding. Included on the property are two garages. One garage is 584 square
feet and will house two business vehicles. The other garage is 372 square feet and is planned
as a storage facility for the use.
. Hours of operation are from 8 a.m. to 5 p.m., Monday through Saturday. The applicant
intends to employ two offices workers and two pest control technicians.
. Access is provided along South Padre Island Drive frontage road. The existing driveway of
the subject property along Anthony Street, a local street, is proposed for closure. With the
closure of the driveway along Anthony Street the property will have direct access to the
S.P.J.D. frontage road without traversing the residential area to the north.
. West of the subject property is a "B-4" District developed with an upholstery business and to
the east is an auto sales lot within a "B-1" District. Along the north property line of the
subject property is an "A-I" District. With the approval of a "B-1" District on the subject
property a standard screening fence along the north property line would be required.
. The Southeast future land use map supports business development along the corridor of the
subject property.
~ Street Type Paved Section Volume
0 (2001)
~ South Padre Island Drive Expressway Variable right-of-way and 160,310 a.d.t.
..... pavement width
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.. Anthony Street Local 50' R.O.W. w/ 28' Bk. to Bk. Not available
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Subject property is a platted lot.
The Southeast plan recommends this area transition gradually to commercial. Properties east of
the subject property have transition to office and business uses since 1991.
Zoning Report
Case No.1004-10 (Esparza Pest Control)
Page 3
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Denial of the "B-4" General Business District, and in Lieu thereof, approval ofa "B-1"
Neighborhood Business District.
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Denial of the "B-4" General Business District, and in Lieu thereof, approval of a "B-1"
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Number of Notices Mailed: 25
Favor: I
Opposition: 1
(As of December 9,2004)
Attachments:
Zoning Map
Proposed Layout
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Planning Commission
October 20, 2004
Case No. 1004-10 (Esparza Pest Control)
1 004-1 0 - Esparza Pest Control
Request: Change of zoning from "A-I" Apartment House District to "B-4" General Business
District, resulting in a land use change from medium-density residential to general commercial.
Excerpts from Zoning Report
Legal Description/Location: South Park Subdivision, Block 2. Lot 1, located northeast of
South Padre Island access road and Anthony Street intersection
Purpose of Request: Pest control business
Area Development Plan: Southeast ~ The Southeast Area Development Plan's future land
use map recommends the area to develop with general commercial uses. The requested "B-1"
District accomplishes the objectives of the Plan.
Staff Recommendation: Denial of the "B-4" General Business District and Approval of a
"B-1" Neighborhood Business District.
Mrs. Goode-Macon provided graphics of the subject property and the surrounding area.
The zoning report and tape recording are on file. She stated that there were 25 notices mailed.
None were received in favor or in opposition.
The public hearing was opened. No one appeared to be in favor or opposition. The public
hearing was closed.
Motion was made by Salazar and seconded by Braselton to recommend approval as
submitted. Motion passed by all present.
Page 1 of 3
AN ORDINANCE
AMENDING THE ZONING ORDINANCE, UPON APPLICATION
BY ESPARZA PEST CONTROL BY CHANGING THE ZONING MAP IN
REFERENCE TO SOUTH PARK SUBDIVISION, BLOCK 2, LOT 1,
FROM "A-1" APARTMENT HOUSE DISTRICT TO "B-4" GENERAL
BUSINESS DISTRICT; AMENDING THE COMPREHENSIVE PLAN TO
ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING
COMPREHENSIVE PLAN; PROVIDING FOR PUBLICATION; AND
DECLARING AN EMERGENCY.
WHEREAS, the Planning Commission has forwarded to the City Council its reports and
recommendations concerning the application of Esparza Pest Control for amendment to
the City of Corpus Christi Zoning Ordinance and Zoning Map;
WHEREAS, with proper notice to the public, public hearings were held on Wednesday,
October 20, 2004, during a meeting of the Planning Commission, and on Tuesday,
December 14, 2004, during a meeting of the City Council, in the Council Chambers, at
City Hall, in the City of Corpus Christi, during which all interested persons were allowed
to appear and be heard; and
WHEREAS, the City Council has determined that this amendment would best serve
public health, necessity, and convenience and the general welfare of the City of Corpus
Christi and its citizens.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is
amended by changing the zoning on South Park Subdivision, Block 2, Lot 1, located
northeast of South Padre Island access road and Anthony Street intersection, from
"A-1" Apartment House District to "8-4" General Business District. (046037)
SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is
amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this
ordinance.
SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi,
Texas, approved on the 27th day of August, 1937, 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 all ordinances or parts of ordinances in conflict with this ordinance
are hereby expressly repealed.
H:\LEG-DI R\Joseph\Zoning-04\ 1004-1 ORegular.doc
Page 2 of3
SECTION 6. That publication shall be made in the official publication of the City of
Corpus Christi as required by the City Charter of the City of Corpus Christi.
SECTION 7. That upon written request of the Mayor or five Council members, copy
attached, the City Council (1) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and (2) suspends the Charter rule as to consideration and voting upon ordinances at
two regular meetings so that this ordinance is passed upon first reading as an
emergency measure on this 14th day of December, 2004.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED tlt c~.kv 7--
Joseph H~ 4--r
Assistant City Attorney
For City Attorney
Samuel L. Neal, Jr.
Mayor, The City of Corpus Christi
2004
H:\LEG-DIR\Joseph\Zoning-04\ 1004-1 ORegular.doc
Page 3 of 3
Corpus Christi, Texas
day of
,2004
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, The City of Corpus Christi
Council Members
The above ordinance was passed by the following vote:
Samuel L. Neal, Jr.
Brent Chesney
Javier D. Colmenero
Melody Cooper
Henry Garrett
William Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
H:\LEG-DI R\Joseph\Zoning-04\ 1004-1 ORegular.doc
41
CITY COUNCIL
AGENDA MEMORANDUM
PRESENTATION
AGENDA ITEM: 16th Annual "A Feast of Sharing"
STAFF PRESENTER(S):
Name
1. Diana Zertuche Garza
2. Elsa Munoz
Title/Position
Assistant to the Mayor
Superintendent
Department
Mayor's Office
Senior Community
Services
OUTSIDE PRESENTER(S):
Name
Title/Position
Oraanization
1. James Burnett
2. Dee Haven
Manager
Food Chairman
HEB Grocery
ISSUE: Announcement by HES Grocery Company and the City of Corpus Christi, along
with several generous contributing businesses and agencies as they share the festive
details of the 16th Annual "A Feast of Sharing" Holiday Dinner.
BACKGROUND: See Attachment
REQUIRED COUNCIL ACTION: No
Additional Background
Exhibits
, PRESS RELEASE
--
- -
- -
~~-~~
City of
Corpus
Christi
FOR IMMEDIATE RELEASE
December 9,2004
Contact: Diana Zertuche Garza
361-880-3102
THE HEB 16TH ANNUAL "A FEAST OF SHARING"
HOLIDAY DINNER
Corpus Christi, TX -- H-E-B Grocery Company, in partnership with the City of Corpus
Christi, will present the 16th Annual "Feast of Sharing" Holiday Dinner for the people of
Corpus Christi and the surrounding areas to benefit the elderly, disabled, less fortunate,
lonely and families of active military personnel. The offerings of the dinner will include a
nutritious meal, entertainment and activities for the children. The dinner will be held at
the American Bank Center, on Christmas Eve Day, Friday, December 24,2004 from
11 :00 a.m. to 3:00 p.m. The dinner is free to all who attend.
The Chef's Association and the Del Mar Culinary Arts Students will prepare to cook
for over 10,000 guests beginning on Thursday, December 23,2004 at the American Bank
Center. Many people do not realize that even though over 1,000 volunteers come to the
American Bank Center on Christmas Eve to help serve the holiday meal, all of the cooking
is done by a team of only about 30 people including Chef's from the Corpus Christi Chapter
of Texas Chef's Association, Culinary Arts student from Del Mar College and Mess
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Specialists from Naval Station Ingleside. The preparation begins with the slicing of 1 %
tons (3,000 Ibs.) of ham into 20,000 slices, and layering it in pans, so that it will be ready to
go into the ovens in time for the December 24th event. In addition to the traditional ham
entree, the menu will include tamales, 500 gallons of mashed potatoes with gravy, 300
gallons of green beans, 10,000 bread rolls, 1,200 apple pies, soft drinks and coffee for
10,000 guests.
Chef Mark Carpenter and his team will be among the local chefs providing
leadership for future chefs from Del Mar College at the annual dinner. Dee Haven, Food
Chairman for the Dinner said that "This event provides a one of a kind mass feeding
experience for the culinary arts students, and they also benefit from working along side the
community's top chefs."
Over 1,200 volunteers will be assigned to successfully present this year's dinner.
Volunteers will perform the following duties: food preparation and serving home deliveries,
decorations, children's activities, entertainment, ushers and many other duties.
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