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Agenda Packet City Council - 10/11/2005
CITY COUNCIL AGENDA OCTOBER 11, 2005 Corpus Christi 1:45 A.M. - Proclamation declaring October 13, 2005 as "Texas Association for Bilingual Education Day" Proclamation declaring the week of October 10-14, 2005 as "Court Observance Week" Proclamation declaring the week of October 10-15, 2005 as "White Cane & People With Disabilities Week" Proclamation declaring the month of October as "Breast Cancer Awareness Month" Proclamation declaring the month of October as "Czech Heritage Month" Proclamation declaring the month of October as "National Arts and Humanities Month" Proclamation declaring the month of October as "National Disability Employment Awareness Month" Proclamation declaring the month of October as "78415 Young Writer's Month" Honorary Citizen Certificates - Jana Matasova and Iveta Novackova from Pilsen, Czech Republic Introduction of Leadership Corpus Christi Class xxXIV Presentation to Kirsten Ericksen as the "T.A.A.F. Region 16 Female Athlete of the Year" 2005 Swearing-in ceremony of newly appointed Board, Committee and Commission Members "At Your Service Award", City Staff Recognition AGENDA CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD OCTOBER 11, 2005 10:00 A.M. PUBLIC NOTICE - THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. Members of the audience will be provided an opportunity to address the Council at approximately 12:00 p.m. or at the end of the Council Meeting, whichever is earlier. Please speak into the microphone located at the podium and state your name and address. Your presentation will be limited to three minutes. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Si Usted desea dirigirse al Concilio y cree que su ingles es limitado, habra un interprete ingles-espariol en todas las juntas del Concilio para ayudarle. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary's office (at 361-880-3105) at least 48 hours in advance so that appropriate arrangements can be made A. Mayor Henry Garrett to call the meeting to order. B. Invocation to be given by Reverend Napoleon Johnson, Faith Mission Outreach. 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 Henry Garrett Mayor Pro Tem Jerry Garcia Council Members: Brent Chesney City Manager George K. Noe Melody Cooper City Attorney Mary Kay Fischer Bill Kelly City Secretary Armando Chapa Rex Kinnison John E. Marez Jesse Noyola Mark Scott Agenda Regular Council Meeting October 11. 2005 Page 2 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) E. MINUTES: Approval of Regular Meeting of September 20, 2005. (Attachment # 1) F. BOARDS & COMMITTEE APPOINTMENTS: (Attachment # 2) Arts and Cultural Commission Cable Communications Commission Community Youth Development (78415) Program Steering Committee Corpus Christi Regional Transportation Authority G. EXPLANATION OF COUNCIL ACTION: For administrative convenience, certain of the agenda items are listed as motions, resolutions, or ordinances. If deemed appropriate, the City Council will use a different method of adoption from the one listed; may finally pass an ordinance by adopting it as an emergency measure rather than a two reading ordinance; or may modify the action specified. A motion to reconsider may be made at this meeting of a vote at the last regular, or a subsequent special meeting; such agendas are incorporated herein for reconsideration and action on any reconsidered item. H. CONSENT AGENDA Notice to the Public The following items are of a routine or administrative nature. The Council has been furnished with background and support materia! 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) Agenda Regular Council Meeting October 11 2005 Page 3 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Motion approving a software maintenance and licensing supply agreement with SHI-Government Solutions, of Austin, Texas for Novell NetWare Operating System, Novell GroupWise and Novell ZENWorks in accordance with the State of Texas Cooperative Purchasing Program for an estimated annual expenditure of $76,247.43. The term of the contract will be for twelve months with an option to extend for up to two additional twelve month periods subject to the approval of the supplier and the City Manager or his designee. (Attachment # 3) 4. Motion approving a supply agreement with SBC, of Austin, Texas for hardware and operating system maintenance and support on the City's Cisco network equipment in accordance with the State of Texas Cooperative Purchasing Program for a total amount of $174,066.75. The term of the contract will be for twelve months with an option to extend for up to two additional twelve month periods subject to the approval of the supplier and the City Manager or his designee. (Attachment # 4) 5. Motion approving a supply agreement with Dell Financial Services, of Round Rock, Texas for lease of approximately 500 personal computers, in accordance with the State of Texas Cooperative Purchasing Program for an estimated three-year expenditure of $1,145,232. The term of the contract will be for twelve months with an option to extend for up to two additional twelve month periods subject to the approval of the supplier and the City Manager or his designee. Funds have been budgeted by the using departments in FY 2005-2006 and will be requested for all subsequent budget years. (Attachment # 5) Motion approving a maintenance agreement with DataSeek Corporation, of San Antonio, Texas for the HTE Storage Area Network (SAN), in accordance with the State of Texas Cooperative Purchasing Program, for a total amount of $60,227.80. The term of the contract will be for twelve months with an option to extend for up to two additional twelve month periods subject to the approval of the provider and the City Manager or his designee. (Attachment # 6) Agenda Regular Council Meeting October 11, 2005 Page 4 Resolution authorizing the City Manager or his designee to submit a grant application to the General Land Office (Coastal Management Program) in the amount of $100,000 for construction of Phase II of the Corpus Christi Beach Promenade, with a City match of $30,000 in the No. 3289 2005 Capital Improvement Program Fund, third party match of $10,000 and a total project cost of $100,000. (Attachment # 7) Resolution authorizing the City Manager or his designee to execute an Interlocal Agreement between the City of Corpus Christi, Texas (City) and Corpus Christi Independent School District (CCISD) whereby CCISD agrees to reimburse City's Police Department at an annual rate of $162,036 in exchange for said Police Department presenting 5,814 hours of "D.A.R.E." and "KIDS and COPS" Curricula to CCISD students on CCISD campuses during the time period of 08/23/05 through 06/30/06. (Attachment # 8) 9.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 $200,000 for personnel, fringe benefits, travel, supplies and other expenses relating to a plan for responding to an act of terrorism. (Attachment # 9) 9.b Ordinance appropriating a grant of $200,000 from the Department of State Health Services in the No. 1066 Health Grants Fund for personnel, fringe benefits, travel, supplies and other expenses relating to a plan for responding to an act of terrorism. (Attachment # 9) 10.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 $68,335 to cover personnel costs to provide essential public health services. (Attachment # 10) 10.b. Ordinance appropriating a grant of $68,335 from the Texas Department of State Health Services in the No. 1066 Health Grants fund to cover personnel costs to provide essential public health services. (Attachment # 10) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting October 11 2005 Page 5 11 Ordinance appropriating an additional grant of $12,530 from the Texas Department of State Health Services in the No. 1066 Health Grants Fund for supplies and equipment for the Women, Infants, and Children Program. (Attachment # 11) 12.a. Resolution authorizing the City Manager or his designee to accept a grant from the Texas Forest Service in the amount of $29,428 for a Professional Forester position, with a $29,428 match from Fund No. 1020 General Fund. (Attachment # 12) 12. b. Ordinance appropriating a $29,428 grant from the Texas Forest Service in the No. 1067 Park and Recreation Grants Fund to fund a full-time Urban Forester position for the grant period October 1, 2005 to September 30, 2006. (Attachment # 12) 13.a. Motion to accept a grant from the Texas Health and Human Services Commission in the amount of $206,451 from the Child and Adult Care Food Program (CACFP) to provide after school supplements (snacks) to youth enrolled in after school enrichment programs for FY 2005-2006. (Attachment # 13) 13.b. Ordinance appropriating a grant in the amount of $206,451 from the Texas Health and Human Services Commission in the No. 1067 Park and Recreation Grants Fund to provide after school snacks for youth enrolled in approved after school enrichment programs for FY 2005-2006. (Attachment # 13) 13.c, Resolution authorizing the City Manager or his designee to execute an Interlocal Cooperation Agreement with Corpus Christi Independent School District to provide after school snacks for youth in approved after school enrichment programs for FY 2005- 2006. (Attachment # 13) 14.a. Resolution authorizing the City Manager or his designee to accept a grant in the amount of $16,160 and to execute a contract and all related documents with the Texas State Library and Archives Commission for the Lone Star Libraries Grant to be used for the preservation and cataloging of local history materials. (Attachment # 14) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting October 11, 2005 Page 6 14.b. Ordinance appropriating a grant of $16,160 from the Texas State Library and Archives Commission in the No. 1068 Library Grants Fund for preservation and cataloging of local history materials. (Attachment # 14) 15. Resolution reappointing Treva Bedwell as Lay Representative to the South Texas Library System for a term expiring August 31, 2007. (Attachment # 15) 16.a. Motion authorizing the City Manager or his designee to execute an amendment to the Professional Services Agreement with Dr. William Burgin, Jr., M.D., to allow for payment of an additional $25,000 in compensation to extend the provision of services. (Attachment # 16) 16.b. Ordinance appropriating $25,000 in the No. 1020 General Fund to compensate Dr. William Burgin, Jr., M.D., as provided under the terms of an amendment to the Professional Services Agreement, in order to extend the provision of services under the agreement. (Attachment # 16) 17. Motion authorizing the City Manager or his designee to execute a twelve-month hardware maintenance agreement with the Texas Department of Information Resources, of Austin, Texas based upon the State's Cooperative Purchasing Agreement in the amount of $33,086.30. Included in the agreement is maintenance and replacement support for the Police Department's servers and operating system and interoperability software. (Attachment # 17) 18. Motion authorizing the City Manager or his designee to purchase renewal of Oracle Database Enterprise Edition software update and product support from Oracle USA, Inc., of Reston, Virginia in the amount of $53,196 for the twelve month period beginning November 23, 2005. Oracle USA, Inc. is an approved Texas Department of Information Resources vendor. (Attachment # 18) 19. Motion authorizing the City Manager or his designee to execute a Contract for Professional Services with Finger Dye Spann, Inc., of Houston, Texas in the amount of $63,735 for the Golf Course Improvements Project. (BOND ISSUE 2004) (Attachment # 19) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting October 11 2005 Page 7 20 Resolution expressing official intent to reimburse $15,000,000 in costs with respect to the construction of improvements to the City's Utility System. (Attachment # 20) 21 Motion authorizing the City Manager or his designee to execute a construction contract with King Isles, Inc., of Corpus Christi, Texas in the amount of $653,397.50 for the Minor Storm Drainage Improvements Group B: (Attachment # 21) * River Canyon Area (Catfish/Rolling Ridge) * Glenoak/Flour Bluff Drive * Tanglewood/Bonner 22.a. Motion authorizing the City Manager or his designee to execute a contract with the Center for Coastal Studies, Texas A&M University - Corpus Christi not to exceed $114,875 for Ammonia and Biological Monitoring associated with the Rincon Bayou Diversion Project 2005-2006. (Attachment # 22) 22.b. Motion authorizing the City Manager or his designee to execute a contract with the Division of Nearshore Research, Texas A&M University - Corpus Christi not to exceed $112,550 for Salinity and Freshwater Inflow Monitoring associated with the Rincon Bayou Diversion Project 2005-2006. (Attachment # 22) 22.c. Motion authorizing the City Manager or his designee to execute a contract with the University of Texas Marine Sciences Institute, in an amount not to exceed $264,247 for biological monitoring services associated with the Rincon Bayou Diversion Project 2005-2006. (Attachment # 22) 23. Ordinance authorizing the City Manager or his designee to execute a five-year ground lease with Haas Anderson Construction, Ltd. for 3.89 acres out of 25.06 -acre tract of City property known as the Hala Pit Landfill located north of the intersection of Greenwood Road and Holly Road, to be used by the tenant for parking of construction equipment and vehicles and approving the cash rental fee of $300.00 per month. (Attachment # 23) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting October 11 2005 Page 8 24 Motion authorizing the City Manager or his designee to execute a Right -of -Way and Utility Easement Instrument with Patricia Peterson Nuss and Christy Ann Peterson Brown collectively dba Related Investors, Ltd., for the acquisition of Parcel 501A in the total amount of $52,896.83 containing a Utility, Right -of -Way, and Temporary Construction Easement, necessary for the Southside Water Transmission Main, Phase 5, Project #8391, and for other municipal purposes. (Attachment # 24) 25. Motion authorizing the City Manager or his designee to execute a Right -of -Way and Utility Easement Instrument with Jonny Salomonsen and wife, Vicki Salomonsen, for the acquisition of Parcel 528 in the total amount of $58,000, containing a Utility, Right -of -Way, and Temporary Construction Easement, necessary for the Southside Water Transmission Main, Phase 5, Project #8391, and for other municipal purposes. (Attachment # 25) 26. Resolution authorizing the City Manager or his designee to enter into a Local Project Advance Funding Agreement (LPAFA) for Rand Morgan Road Improvements made by and between the State of Texas, acting by and through the Texas Department of Transportation and the City of Corpus Christi. (Attachment # 26) 27.a. Motion approving the application from E.M. Marketing to temporarily close the following street sections for Powerboat Shoot -Out and related activities, October 14-16, 2005: (Attachment # 27) (1) East Shoreline Boulevard (northbound) including the parking lane from Furman Avenue to Coopers Alley, maintaining an 18 -foot emergency lane on the east side of this section beginning at 12:00 p.m., noon on Tuesday, October 11, 2005 until Tuesday, October 18, 2005 at 6:00 p.m. (2) Park Street between northbound Shoreline Boulevard and southbound Shoreline Boulevard beginning at 12:00 p.m., noon on Tuesday, October 11, 2005 until Tuesday, October 18, 2005 at 6:00 p.m. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting October 11. 2005 Page 9 27 b. Motion approving the application from E.M. Marketing to waive the requirement of subsection (a) and (b) of Section 49-17 of the City Code of Ordinances that admission shall be free. (Attachment # 27) 28 Motion authorizing a permit from the St. Nicholas Greek Orthodox Church to temporarily close Broadway Court from South Chaparral to South Water Street for the Greek Festival, beginning Thursday, October 13, 2005 at noon until Monday, October 17, 2005 at 8:00 a.m., upon meeting the conditions and requirements for permit in Section 49-17 of the City Code of Ordinances. (Attachment # 28) 29. Ordinance appropriating $40,000 in the Airport Passenger Facility Charge Fund 4621 from Unreserved Fund Balance; for Airport Landside Roadway System Reconstruction Improvements; amending FY2004-2005 Capital Budget adopted by Ordinance No. 026188 to increase appropriations by $40,000. (Attachment # 29) 30 Ordinance approving the transfer of $86,685 from the Airport Capital Reserve Fund 4611; to and appropriating in Airport Operating Fund 4610 $86,685 for Capital Outlay Expenditures; amending FY2005-2006 Operating Budget adopted by Ordinance No. 026385 to increase appropriations and estimated revenues by $86,685 each. (Attachment # 30) 31 Ordinance authorizing assignment of airport concession agreement with the City of Corpus Christi from Texas South Rentals, Inc. d/b/a Hertz Car Rental to Hertz Corporation. (Attachment # 31) 32 Motion authorizing the City Manager to execute a Half Street Deferment Agreement with Diamond Head Development Co., (Developer), in the amount of $13,056.81 for public improvements including street pavement, curb, gutter, and sidewalks, for the future street construction improvements to Homedale Street between the east and west limits of Homedale Addition Unit 1, located south of Purdue Drive and east of Flour Bluff Drive, in accordance with the Platting Ordinance. (Attachment # 32) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting October 11, 2005 Page 10 33. Ordinance abandoning and vacating a 6,638 -square foot portion of a 10 -foot wide utility easement in Lots 1-26, Block 2, Holliday Harbor located 210 feet east of Laguna Shores Road and north of an undeveloped portion of Yorktown Boulevard; requiring the owner, Laguna Shores Resort and Marina, LP, to comply with the specified conditions. (Attachment # 33) 34. Ordinance providing for the cession by the City of Corpus Christi to the City of Portland of all annexation rights and police powers over and in certain tracts of land, by mutual agreement, marked Exhibit "A". (Attachment # 34) 35. Resolution of the City Council of Corpus Christi, Texas approving the use of bond proceeds by Warm Springs Rehabilitation Foundation, Inc. as required by Section 147(f) of the Internal Revenue Code of 1986, as amended; and providing an effective date (Attachment # 35) 36. Ordinance authorizing the resale of three (3) properties for $9,750 which were foreclosed upon for failure to pay ad valorem taxes, of which the City shall receive $837.03 plus $1,845.25 for partial payment of City paving and demolition liens. (Attachment # 36) 37 Ordinance authorizing the City Manager or his designee to execute a five-year lease agreement with Corpus Christi Senior Softball Association for a softball program at Kiwanis Park Softball Complex. (Attachment # 37) 38. First Reading Ordinance - Amending the Code of Ordinances, City of Corpus Christi, Texas, Chapter 2, regarding Cable Communications Commission meeting dates. (Attachment # 38) 39 Second Reading Ordinance - Amending the Corpus Christi City Code of Ordinances, Chapter 36 - Parks, Recreation, etc., Article - In General, Section 36-10 - Curfew, etc., by changing the curfew at Cole Park to the hours between 10:00 p.m. and 6:00 a.m., but excluding the fishing pier; providing for penalties under Section 1-6, City Code of Ordinances. (First Reading 09/20/05) (Attachment # 39) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 6111111 Agenda Regular Council Meeting October 11, 2005 Page 11 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) PUBLIC HEARINGS: ZONING CASES: 40. Case No. 0705-04, Mostaghasi Investment Trust : A change of zoning from an "A-1" Apartment House District to an "A-2" Apartment House District. The property is 7.576 acres out of Flour Bluff and Encinal Farm and Garden Tracts on the southern 300 foot portion of Lots 9 and 10, Section 11, located along Cimarron Boulevard and east of New Bedford Drive. (Tabled 9/13/05) (Attachment # 40) Planning Commission and Staffs Original Recommendation (07/13/05): Denial of "A-2" Apartment House District. Staffs Revised Recommendation (10/06/05) : Denial of "A-2" Apartment House District to an "A -1A" Apartment House District with a "PUD -2" Planning Unit Development overlay including seven (7) conditions and an approved site plan. ORDINANCE Amending the Zoning Ordinance, upon application by Mostaghasi Investment Trust, by changing the zoning map in reference to 7.576 acres out of the Flour Bluff and Encinal Farm and Garden Tracts on the southern 300 foot portion of Lots 9 and 10, Section 11, from "A-1" Apartment House District to "A -1A" Apartment House District with "PUD -2" Planned Unit Development Overlay, subject to a Site Plan and seven (7) conditions; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. 41. Case No. 0805-01, Kris Hawkins : A change of zoning from an "A-1" Apartment House District to an "A-2" Apartment House District. The property is in Western Shores Subdivision, Lot 1 CR, located along Thelma Drive approximately 240 feet east of Whiteley Drive. (Attachment # 41) Planning Commission and Staffs Recommendation: Denial of the "A-2" Apartment House District. Agenda Regular Council Meeting October 11. 2005 Page 12 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) ORDINANCE Amending the Zoning Ordinance, upon application by Kris Hawkins, by changing the zoning map in reference to Western Shores Subdivision, Lot 1 CR from "A-1" Apartment House District to "A-2" Apartment House District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. 42. Case No. 0805-02. George Mostaghasi: A change of zoning from an "A-1" Apartment House District and a "B-4" General Business District to a "R-1 B" One -family Dwelling District on Tract 1 and a "R-1 B" One -family Dwelling District and "A-1" Apartment House District to a "B-1" Neighborhood Business District on Tract 2. The property is 18.80 acres out of Flour Bluff and Encinal Farm and Garden Tracts, portion of Lots 13, 14, and 15, Section 10 located on the north side of Yorktown Boulevard between Staples Street and Beauvais Drive. (Attachment # 42) Planning Commission and Staffs Recommendation: Approval of the "R -1B" One -family Dwelling District on Tract 1 (11.25 acres) and denial of "B-1" Neighborhood Business District on Tract 2. ORDINANCE Amending the Zoning Ordinance, upon application by George Mostaghasi, by changing the zoning map in reference to 11.25 acres (Tract 1) out of portions of Lots 14 and 15, Section 10, Flour Bluff and Encinal Farm and Garden Tracts, from "B-4" General Business and "A-1" Apartment House District to "R -1B" One -family Dwelling District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. J. REGULAR AGENDA CONSIDERATION OF MOTIONS, RESOLUTIONS, AND ORDINANCES: 43. Resolution of the City of Corpus Christi, Texas, authorizing the South Texas Aggregation Project, Inc. to negotiate an Electric Supply Agreement for deliveries of electricity effective January 1, 2006; authorizing the Mayor or other designated City Official to Agenda Regular Council Meeting October 11, 2005 Page 13 sign a contract with STAP for the City of Corpus Christi's 2006 and, if practical 2007, electrical needs; and committing to budget for energy purchases in 2006 and, if practical, 2007 and to honor the City of Corpus Christi's commitments to purchase power for its electrical needs in 2006 and, if practical, 2007 through STAP. (Attachment # 43) 44.a. Ordinance appropriating $525,000 in the Airport Operating Fund 4610; transferring and appropriating $525,000 into the Airport Capital Improvement Program Fund - Capital Reserve Fund 3020A for Infrastructure Improvements for the Corpus Christi Industrial Park, Phase 1; amending FY 2005-2006 Operating Budget adopted by Ordinance No. 026385 to increase appropriations by $525,000; amending the FY 2005 Capital Budget adopted by Ordinance No. 026188 to increase appropriations by $525,000. (Attachment # 44) 44.b. Motion authorizing the City Manager or his designee to execute a construction contract with King Isles, Inc. of Corpus Christi, Texas in the amount of $1,423,851.05 for the Corpus Christi International Airport Industrial Park, Phase 1 (Access Road and Utilities) for the Base Bid and Additive Alternate No. 1. (Attachment # 44) 44.c. Motion authorizing the City Manager or his designee to execute a lighting agreement with American Electric Power (AEP) of Corpus Christi, Texas in the amount of $211,142.56 for the Corpus Christi International Airport Industrial Park, Phase 1 for installation of lighting and re-routing above ground power lines below ground. (Attachment # 44) 45 Resolution authorizing the City Manager or his designee to prepare and submit a Pass -Through Tolls Application to the Texas Department of Transportation for the extension of Ennis Joslin (Spur 3) from the intersection of South Padre Island Drive (SH 358) to the intersection of Rodd Field Road (SH 357) and Holly Road. (Attachment # 45) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting October 11. 2005 Page 14 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 46. First Reading Ordinance - Amending the Code of Ordinances, City of Corpus Christi, Chapter 10, Beachfront Management and Construction, regarding the elimination of vehicular traffic on the beach seaward of the Padre Island Seawall, the direction of travel between Whitecap Boulevard and Padre Balli Park; establishing a pedestrian safe area; providing for penalties; and providing a delayed effective date. (Attachment # 46) K. PRESENTATIONS: Public comment will not be solicited on Presentation items. 47. Presentation of the 2005 "Conquer the Coast" bicycle ride , presented by Gretchen Arnold. (Attachment # 47) 48. Final Report on the 2005 Legislative Session (Attachment # 48) 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 DURING THIS TIME PERIOD, PLEASE SIGN THE FORM AT THE REAR OF THE COUNCIL CHAMBER, GIVING YOUR NAME, ADDRESS AND TOPIC. (A recording is made of the meeting; therefore, please speak into the microphone located at the podium and state your name and address. if you have a petition or other information pertaining to your subject, please present it to the City Secretary.) Si usted se dirige a la junta y cree que su ingles es limitado, habra un interprete ingles-esparlol en la reunion de la junta para ayudarle. PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERATE, EMBARRASS, ACCUSE, OR SHOW ANY PERSONAL DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY COUNCIL MEETING. THIS POLICY IS NOT MEANT TO RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS. Agenda Regular Council Meeting October 11, 2005 Page 15 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 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. 49. Executive session under Texas Government Code Section 551.071 regarding Hector Villarreal, Corpus Christi Association of City Employees and Stan Wilt v. City of Corpus Christi and Loyd Neal, Cause No. 02-0868-E, 214th Judicial District Court, Nueces County, Texas , with possible discussion and action related thereto in open session. 50. Executive session under Texas Government Code Section 551.071 regarding consultation with attorney about legal matters related to the design and construction costs of Whataburger Field, including 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. 51. CITY MANAGER'S REPORT Upcoming Items 52. MAYOR'S UPDATE 53 COUNCIL AND OTHER REPORTS Agenda Regular Council Meeting October 11. 2005 Page 16 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) O. ADJOURNMENT: POSTING STATEMENT: This agenda was posted on the City's official bulletin board at the front entrance to City Hall, 1201 Leopard Street, at 3:3D p.m., October 7, 2005. Armando Chapa City Secretary 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. 1 MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Meeting September 20, 2005 -- 10:00 a.m. PRESENT Mayor Henry Garrett Mayor Pro Tem Melody Cooper Council Members: Brent Chesney Jerry Garcia Rex Kinnison Bill Kelly John E. Marez Jesse Noyola Mark Scott City Staff: City Manager George K. Noe City Attorney Mary Kay Fischer City Secretary Armando Chapa Mayor Garrett called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Deacon Michael Mantz of the Corpus Christi Cathedral and the Pledge of Allegiance to the United States flag was led by Council Member Chesney. Mayor Garrett called for approval of the minutes of the regular Council meeting of September 13, 2005. A motion was made, seconded, and passed to approve the minutes as presented. * * * * * * * * * * * * * Mayor Garrett referred to Item 2 and the following board appointments were made: C ommission on Children and Youth Miles D. Toren (Appointed) Nueces County Community Action Agency Council Member Bill Kelly (Reappointed) Council Member John Marez (Reappointed) Council Member Jesse Noyola (Reappointed) Museum of Science and History Advisory Committee Cheryl Gillenwater (Appointed) Dr. Grady Price Blount (Reappointed) Randall Meredith (Appointed) Water Resources Advisory Committee Captain Timothy Coolidge (Appointed) * * * * * * * * * Nueces County Tax Appraisal District Paul Grivich (Reappointed) Robert Adler (Appointed) Regional Health Awareness Board Lillian Murray (Reappointed) Kai -Li Tsai (Appointed) * * * * Minutes - Regular Council Meeting September 20, 2005 — Page 2 Mayor Garrett called for consideration of the consent agenda (Items 3 - 14). Mr. Bill Kopecky, 3609 Topeka, requested that Item 6 be pulled for individual consideration. Council members requested that Items 3, 7, 11, and 12 be pulled for individual consideration. A motion was made, seconded, and passed to approve Items 3 through 14, constituting the consent agenda, except for Items 3, 6, 7, I1, and 12, which were pulled for individual consideration. City Secretary Chapa polled the Council for their votes as follows: 4.a. MOTION NO. 2005-325 Motion authorizing the City Manager or his designee to accept a grant in the amount of $42,294 from the State of Texas, Criminal Justice Division for Year 1 funding of a Crime Scene Technician grant in the Corpus Christi Police Department and to execute all related documents. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye". 4 b ORDINANCE NO. 026464 Ordinance appropriating $42,294 from the State of Texas, Criminal Justice Division in the No. 1061 Police Grants Fund and authorizing the transfer of $20,717 from the No. 1020 Cash Contribution to Grants Fund to the No. 1061 Police Grants Fund as matching funds, all for Year 1 funding of a Crime Scene Technician grant in the Corpus Christi Police Department. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye". 5.a. MOTION NO. 2005-326 Motion authorizing the City Manager or his designee to accept a grant in the amount of $64,929 from the State of Texas, Criminal Justice Division for continuation funding available under the Violence Against Women Act (VAWA) Fund and to execute all related documents. The foregoing motion was passed and approved with the following vote: Garrett, Chesney. Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye". Minutes -- Regular Council Meeting September 20, 2005 — Page 3 ORDINANCE NO. 026465 Ordinance appropriating $64,929 from the State of Texas, Criminal Justice Division in the No. 1061 Police Grants Fund for continuation funding available under the Violence Against Women Act (VAWA) Fund. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye". MOTION NO. 2005-329 Motion authorizing the City Manager or his designee to execute a construction contract with DMB Construction, of Corpus Christi, Texas in the amount of $173,227.03 for the Everhart - Staples Street Lift Station Odor Control System. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye". MOTION NO. 2005-330 Motion authorizing the City Manager or his designee to execute a Right of Way and Utility Easement Instrument with Theodore Dimopoulos for the acquisition of Parcel 520 in the total amount of $25,000, containing a Utility, Right -of -Way, and Temporary Construction Easement, necessary for the Southside Water Transmission Main, Phase 5, Project #8391, and for other municipal purposes. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye". 1 O.a. MOTION NO. 2005-331 Motion authorizing the City Manager or his designee to execute a contract with Vertical VAR, LLC, of Atlanta. Georgia to purchase replacement IBM servers for the HTE systems, in an amount not to exceed $200,580. This purchase includes two IBM I -Series servers (installed) with 3 year hardware/software extended maintenance. The HTE modules supported are: Utilities Business Office, Central Cashiering, Accounts Receivable. Collections, Development Services. and Housing and Community Development. Lease purchase is over a three year period. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye". Minutes - Regular Council Meeting September 20, 2005 - Page 4 0.1) MOTION NO. 2005-332 Motion authorizing the City Manager or his designee to execute a contract with DATASEEK, of San Antonio, Texas for additional hardware/software and installation services in an amount not to exceed $71,260. DATASEEK will provide additional hardware, software. and technical expertise to connect the new IBM I -Series servers to the existing Storage Area Network. Lease purchase is over a three year period. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye". ORDINANCE NO. 026469 Ordinance authorizing the City Manager or his designee to execute a Use Privilege Agreement with The Port of Corpus Christi Authority (Owner), for the right to construct, operate, repair, replace, and maintain four (4) railroad tracks (each track consisting of two rails, cross ties, and ballast) across the Sam Rankin Street public right-of-way and four (4) railroad tracks (each track consisting of two rails, cross ties, and ballast) across the North Tancahua Street public right-of-way, between Brewster Street and Resaca Street; establishing a fee of $6,543. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye" [4.a. ORDINANCE NO. 026470 Ordinance authorizing the City Manager or his designee to execute an amendment to a Use Privilege Agreement, approved by Ordinance No. 026334 on July 12, 2005, with BL Real Estate Holding Company, L.P. The amendment will require the owner's compliance with the provisions of a Private Wastewater System Service Agreement. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye". Minutes - Regular Council Meeting September 20, 2005 — Page 5 14.b. ORDINANCE NO. 026471 Ordinance authorizing the City Manager or his designee to execute a Private Wastewater System Service Agreement with BL Real Estate Holding Company, L.P. to allow the use and operation of a private wastewater system, including a temporary lift station and force main, until the properties subject to this agreement can be directly connected to the City's wastewater system in conformance with the Master Plan for Sanitary Sewers in Flour Bluff, as amended, and other City requirements. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye". Mayor Garrett opened discussion on Item 6 regarding a change order for the Lindale/Chenoweth Outfall portion of the Storm Water Major Outfalls project. Mr. Bill Kopecky, 3609 Topeka, expressed concern that the next phase of this project would involve simultaneously closing portions of Santa Fe Drive and Alameda Street since these were major traffic arteries. He suggested minimizing the effect by asking the contractor to do the work on weekends if possible. City Engineer Angel Escobar replied the closing of Santa Fe Drive was part of the existing contract, and would probably occur within the next two weeks for a 20 -week duration. The Alameda Street closure was in the design phase and would not occur until next '.ummer. Thus, Santa Fe Drive and Alameda Street would not be closed simultaneously. City Secretary Chapa polled the Council for their votes as follows: MOTION NO. 2005-327 Motion authorizing the City Manager or his designee to execute Change Order No. 1 to the Construction Contract with Ramos Industries, of Pasadena, Texas in the amount of $635,643.62 for the Storm Water Major Outfalls - Lindale/Chenoweth Outfall. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye". Mayor Garrett opened discussion on Item 3 regarding the purchase of a pothole patcher machine. Mr. Garcia asked if the pothole patcher machine would be used in conjunction with hot mix asphalt. Mr. Noe replied hot mix asphalt would be used, and would be a more permanent fix than the cold mix asphalt, especially when applied to a dry surface. He stated that a second pothole crew had been added and would use the pothole patcher machine. Mr. Kelly commented that the city was dramatically expanding its ability to repair potholes in response to public concerns. City Secretary Chapa polled the Council for their votes as follows: MOTION NO. 2005-324 Minutes — Regular Council Meeting September 20, 2005 — Page 6 Motion approving the lease purchase of a pothole patcher machine from Houston Freightliner, of Houston. Texas for the total amount of $100,596. The award is based on the cooperative purchasing agreement with the Houston Galveston Area Council (HGAC). This equipment will be used by the Street Department. Funds have been budgeted by the Street Services Division. This unit is an addition to the fleet. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye". Mayor Garrett opened discussion on Item 7 regarding the construction of ADA Co -Ed Fire Station #13. Regarding Item 7.b., Mr. Garcia stated he understood that local contractors were not given the opportunity to bid for this contract. If so, he asked for staff's rationale in this decision. City Engineer Angel Escobar replied staff was incorporating a new construction method called a Job Order Contract that had been successfully used by the military and school systems. In this method, the architect and the contractor visit the site and evaluate the scope and cost of the work to be accurately detailed before award. The Job Order Contract was employed through the Texas Cooperative Purchasing Network (TCPN), which advertised and competitively awarded the Corpus Christi areas to Centennial Contractors, Inc. of San Antonio. [he award was based on contractors offering the best discount factor to published construction alit price books. Mr. Escobar said staff wished to test the effectiveness of the Job Order Contract method on this ADA fire station to determine whether it could be used on the remainder Jf the fire station construction contracts. Mr. Garcia thanked Mr. Escobar for his explanation, stating his only concern was whether the contract could have been awarded locally. City Secretary Chapa polled the Council for their votes as follows: a. RESOLUTION NO. 026466 Resolution approving the terms and conditions of an Interlocal Agreement between the Region IV Education Service Center, which sponsors the Texas Cooperative Purchasing Network (TCPN), providing for a Cooperative Purchasing Program for goods and services; designating George K. Noe, City Manager or his designee as official representative of the City of Corpus Christi relating to the program. (BOND ISSUE 2004) The foregoing resolution was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye". MOTION NO. 2005-328 Motion authorizing the City Manager or his designee to execute a construction contract with Centennial Construction, Inc., of San Antonio, Texas in the amount of $75,048 for ADA Co -Ed Fire Station #13. (BOND ISSUE 2004) The foregoing motion was passed and approved with the following vote: Garrett, Chesney. Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye". Minutes - Regular Council Meeting September 20, 2005 - Page 7 Mayor Garrett opened discussion on Item 11 regarding the city's Emergency Incident Management plan. Mr. Kelly asked what steps the city would need to take to comply with the National Incident Management System. City Manager Noe answered that today's action adopting the system as our standard was the first step towards compliance, adding that this was a requirement for federal funding. He said the city had operated the Emergency Operations Center FOC) using the National Incident Management System for a number of years. The Council would be briefed on the additional training requirements outlined in the system, which needed to he met by the 2006 deadline. The purpose of the system was to allow multiple agencies to operate under a single command structure. City Secretary Chapa polled the Council for their votes as follows: RESOLUTION NO. 026467 Resolution adopting the National Incident Management System (NIMS) including the Incident Command System as the standard for Emergency Incident Management by the City of Corpus Christi. The foregoing resolution was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye". Mayor Garrett opened discussion on Item 12 regarding an appropriation of surplus funds for the Development Services department. Mr. Kinnison stated he wished to verify the funding source for the appropriation. City Manager Noe replied the Development Services department operated out of a separate fund per the city's commitment to the development community that any funds received through fees and charges would be allocated for development activities. He said the Development Services department collected revenues that were higher than projected, and also experienced a decrease in expenditures, resulting in a higher fund balance than projected. Mr. Noe said Assistant City Manager Oscar Martinez and staff looked at the proposed expenditures and felt they were in keeping with the city's commitment. City Secretary Chapa polled the Council for their votes as follows: ORDINANCE NO. 026468 Ordinance appropriating $235,230 in surplus revenues from unappropriated fund balance in the Development Services Fund No. 4670 FY2005-2006 Budget for increased operational costs due to the high volume of development activity; amending the FY2005- 2006 Budget adopted by Ordinance No. 026385 by increasing appropriations by $235,230 An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Chesney, Cooper. Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye * * * * * * * * * * * * * Mayor Garrett referred to the presentations on the day's agenda. The first presentation was Item 15, a report on Hurricane Katrina evacuee relief efforts given by City Manager Noe. Minutes — Regular Council Meeting September 20, 2005 — Page 8 He reported that the Governor's Office had asked the city for assistance in housing Hurricane Katrina evacuees on Friday, September 2. Staff was informed the evacuees would begin arriving on Monday, September 5, but they actually began arriving on Saturday, September 3 with little more than twenty minutes notice. Mr. Noe stated staff worked quickly to accommodate the approximately 1300 evacuees in various city facilities. He emphasized a significant team effort was involved, including the Texas Department of Public Safety, Regional Transportation Authority, all city departments, Police, and Fire. Mr. Noe reported that nearly half of the City of Corpus Christi's workforce was involved in the relief effort in some way. In addition, Mr. Noe reported there was a tremendous outpouring of donations and volunteer efforts from the community, including nearly 300,000 pounds of clothing and 60,000 pairs of shoes, and more than 2,000 registered volunteers. Mr. Noe reported there were currently approximately 225 evacuees remaining in the city's shelter program, including those individuals housed in Kingsville and Port Aransas. In light of the approaching Hurricane Rita, he said the city, in conjunction with the State and the Red Cross, were working to transfer the evacuees to other sites, subsequently shutting down the )peration in a few days. Mr. Noe then showed a brief video depicting the city's relief efforts. * * * * * * * * * * * * * Mayor Garrett referred to Item 16, a presentation on job growth and job attraction given by City Manager Noe. Mr. Noe reported a number of surveys conducted in the community, including the city's 2004 Citizen Survey, repeatedly indicated that job growth and job attraction are major priorities for the city. Similarly, the Council identified job growth and job attraction as one of six Council Focus Areas at their May 2005 retreat. City Manager Noe explained that staff thought about economic development in the broadest sense to encompass the goals of helping existing employers to grow as well as attracting new employers to the community. Increased incomes, small businesses, large businesses, education. and tourism were also parts of economic development strategies. Mr. Noe stated one of the advantages and challenges of economic development was working with the many partners interested in economic development. One of the lead agencies was the Regional Economic Development Corporation, but he listed a number of other players as follows: Chambers of Commerce; Convention and Visitors Bureau; Port of Corpus Christi; 1 exas A&M University -College Station; Del Mar College (Small Business Development Corporation); school districts; health care industry; Work Force — 1; Nueces County; Downtown Management District; Regional Transportation Authority; and other community stakeholders. Mr. Noe highlighted the efforts of the Regional Economic Development Corporation EDC) as the city's lead agency in economic development. The EDC's mission is to organize, coordinate, and lead the expansion of the Corpus Christi region's economic base through actions and programs that encourage and cause retention, expansion, and recruitment of industrial, manufacturing, distribution, and service employers. The city holds a contract with the EDC to provide these services, contributing $475,000 annually to the agency (approximately 40 percent >t the EDC budget). In addition, the city appoints four out of 15 of the EDC Board's members. Minutes - Regular Council Meeting September 20, 2005 - Page 9 Finally, the EDC provides a quarterly report to the City Council to brief them on their activities and accomplishments. Mr. Noe also mentioned the roles of the various Chambers of Commerce. First, he described the mission of the Corpus Christi Chamber of Commerce as follows: to foster business growth by advocating business issues, enhancing the business climate and providing service to its members. Second, the Black Chamber of Commerce's goal was to promote the growth and stability of black and minority enterprises in Corpus Christi and the surrounding areas. Third, the Hispanic Chamber's role was to serve the business community by developing positive changes through active participation in education, leadership, and public affairs; and creating business opportunities for their members, with a focus on small, minority, and women - owned businesses. Finally, City Manager Noe discussed the role of the Convention and Visitors Bureau in economic development. He said the CVB was a full-service area travel information center, providing marketing support for the tourism and convention industries in the community. The city provides $2,550,870 in funding from the Hotel Occupancy Fund, virtually 99 percent of their entire budget. City Manager Noe discussed the city's current role in economic development. First, the city served as a liaison with the various economic development partners. Second, the city supported the Economic Development Corporation. assisting with issues related to infrastructure, eity programs, and permit needs for potential new businesses. Third, the city provided administrative support to the 4A Board, which oversaw the distribution of $1.5 million a year for lob creation and training. Fourth, the city's Economic Development policy included business incentives for allocation to prospective businesses. Fifth, infrastructure development was a key issue for attracting businesses. Sixth, he mentioned a number of downtown initiatives such as the coliseum redevelopment played a supporting role in downtown redevelopment. Seventh, he referred to the relatively new Small Business Development Center, a joint venture with Del Mar oliege, to support small business development. City Manager Noe covered a number of proposed initiatives to promote job growth and creation as follows: Mayor's Economic Summit: review of Economic Development policies; MOU with CCREDC; and WiFi initiatives. He discussed each initiative in more detail. First, he discussed the Mayor's call for an Economic Summit, hosted and facilitated by the EDC, to be held in January 2006. He said the core partners in the discussion would be the Corpus Christi Chamber of Commerce and the Convention and Visitors Bureau. The end product of the discussion would be some form of Economic Development Plan for the future. Second, Mr. Noe discussed the opportunity to review and revise the city's Economic Incentives Policy. He noted the city's policies were created four to five years ago and prioritized attracting large-scale businesses creating 50 or more jobs. The EDC has pointed out, however, that the policies exclude many potential smaller projects. He said the EDC and staff would discuss the policies and recommend revisions that would better fit the city's long-term goals. Third, City Manager Noe advocated creating a more detailed Memorandum of 1 Jnderstanding (MOU) with the Corpus Christi Regional Economic Development Corporation. Minutes — Regular Council Meeting September 20, 2005 — Page 10 the roles and responsibilities of the city, the 4A Board, and the EDC were informal at this point, and he and EDC President Roland Mower agreed that there was a lack of specific measures. Fourth, Mr. Noe stated the WiFi project can and should be an economic generator. Staff recognized that WiFi can add value to quality of life issues. He said the city's discussions with specific industries interested in the WiFi initiative have emphasized the importance of job creation as a priority. In addition, he said the city had discussed the creation of a business incubator focused on WiFi products and software development, possibly funded and operated through Texas A&M University — Corpus Christi. In conclusion, Mr. Noe stated these four high-priority initiatives were created in response to the C'ouncil's focus on job growth and attraction. Mr. Scott asked questions about the city's partnerships with the Chambers of Commerce and the Port of Corpus Christi. He said he would like to see the planned revisions to the EDC's Memorandum of Understanding with the city worked on quickly, with an emphasis on job creation. He also asked if the EDC required additional resources to coordinate the Economic Summit. Mr. Noe replied affirmatively, saying EDC President Roland Mower had indicated there would be additional costs. He asked Mr. Mower to submit a plan to see if staff could find additional resources. Mr. Noyola asked if the 4A Board had been approached about funding infrastructure improvements necessary to attract businesses to the airport industrial park, specifically mentioning the extension of Junior Beck Street to Old Brownsville Road. Mr. Noe replied 4A funds could only be used for those prospects that would actually create jobs; the funds can not be used speculatively. He said staff would develop an estimate for the construction costs and investigate alternative funding sources for these improvements, including the possibility of assessments. Mr. Noyola emphasized the industrial park's potential to forward the city's economic development, and thus he said it was important to repair Junior Beck Street. Mr. Marez asked how the city's business incentives compared with other cities. City Manager Noe replied it was difficult to answer this question. He said this would be discussed as part of the review of the city's incentive policy, in conjunction with the EDC. Staff would provide the Council with a detailed review upon completion. In response to Mr. Garcia's question, City Manager Noe replied the city had a shortage of space available for lease, or existing buildings to purchase. The city was working with the EDC lo facilitate the construction of speculative industrial space available for business prospects. The airport industrial park project. for example, involved a process in which a developer would construct a building, the city would develop the infrastructure, and the 4A Board would assist as necessary with financial guarantees to attract a business prospect. Mr. Garcia spoke in support •)f ventures like the industrial park because they would attract more businesses to the area. * * * * * * * * * * * * * Mayor Garrett opened discussion on Item 17, a resolution approving the Nancy Todd '`iarrett Memorial Park Master Plan. Director of Parks and Recreation Sally Gavlik introduced Minutes - Regular Council Meeting September 20, 2005 - Page 11 Landscape Architect Art Sosa, who would be making the presentation. Mr. Sosa stated staff tocused their efforts on the mostly undeveloped west end of the park. The east end of the park was already widely used because of the baseball park located there. Mr. Sosa described the park master plan, saying it included picnic areas with shade trees, and relocated the playground equipment to an enclosure to comply with safety requirements. The basketball court and goals would be completely rebuilt. The park would be fully accessible and, if funding could be secured, would include an automatic irrigation system. Parks and Recreation Advisory Committee Chairwoman Sandy Billish reported on the park dedication ceremony. Ms. Billish stated a portion of the improvements to the park would be funded through donations acquired by the Friends of the Park organization that she headed. At this point, she reported they had received sufficient donations to install one park bench, one picnic table, three crepe myrtle trees, and two oak trees. The Friends of the Park wished to emphasize that they were available to help other neighborhoods develop their parks, focusing on memorial trees and benches as fundraisers. There were no comments from the audience. Ms. Gavlik announced that the Nancy Todd Garrett Memorial Park dedication ceremony had been rescheduled from this Saturday to October at 10:30 a.m. She said the park was located off of the Crosstown Expressway and Horne Road. (_ ity Secretary Chapa polled the Council for their votes as follows: RESOLUTION NO. 026472 Resolution approving the Nancy "Todd Garrett Memorial Park Master Plan. The foregoing resolution was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye". Mayor Garrett opened discussion on Item 18 regarding the approval of the Cole Park Master Plan. City Secretary Chapa announced that Mr. Chesney would be abstaining from the rote and discussion on this item. Director of Parks and Recreation Sally Gavlik introduced Mr. Jim Carrillo with Halff and Associates who would be making the presentation. Mr. Carrillo stated that Cole Park was designated as one of the "district" parks in the Corpus Christi Parks, Recreation, and Open Spaces Master Plan approved by the Council on November 19, 2002. A general outline of enhancements for Cole Park was provided at that time, but a detailed master plan was not included. Mr. Carrillo stated part of today's presentation would inform the Council on the large- cale plan for Cole Park. An additional issue that has developed over the last year is the siting of i skate park in Cole Park. Because of its prominent and unique location, he said it was important to have a detailed site plan, complete with amenities and long-range planning for growth. He noted there were problems with erosion along the shoreline, needed improvements to the pier in the area, parking renovations, and the need for more amenities for picnicking. Mr. Carrillo discussed the Cole Park Master Plan in more detail, recommending a series of improvements. Regarding Oleander Point, a popular site for windsports, he said the Minutes - Regular Council Meeting September 20, 2005 — Page 12 windsports community had asked for a number of improvements, including better facilities to wash boards, better access to the beach area, picnicking amenities, and a pavilion. Within the central portion of the park, Mr. Carrillo said there were areas that provided wonderful overviews of the city, and these areas should have more shaded areas to allow for enjoyment. Regarding KidsPlace, he recommended additional shaded seating areas for parents. Finally, regarding the amphitheater, Mr. Carrillo said the facility was about 30 years old and needed additional improvements, such as more storage area, a backstage area, restrooms and changing facilities. He also recommended more shaded areas, a new facade, and regrading. The key problem with the amphitheater was that it did not have provisions for large trucks to drive up to the facility. Currently, trucks were being driven parallel to the Bay Trail on the dirt, causing significant erosion. To address this problem, Mr. Carrillo recommended expanding a segment of the Bay Trail to create a "paseo" for large vehicles. In addition, he recommended additional picnic areas, with at least one major rental pavilion on the waterfront for large gatherings. Mr. Carrillo then focused on the three potential sites for the Junior League's proposed skate park. Site A, located in the center of the park, near the pier area; was an accessible site with sufficient parking. Since it was in the center of park, however, the skate park would become the focal point of Cole Park. He said this was a premier area of the park that could be used to hold other events. Mr. Carrillo said Site B was located in the southern area of the park near the end of Louisiana Parkway, and was more constrained in terms of size. In addition, it had a number of xisting drainage issues related to Louisiana Parkway. Site C was located on the northern portion of the park at the end of the existing parking ots. Mr Carrillo said the existing parking lots would be connected to the skate park site to ,reate a drop-off area for skaters. He added that he would recommend connecting the parking sots even if the skate park was not placed there because it would provide better access. Mr. Carrillo reviewed the criteria for evaluation of the alternate skate park locations in Cole Park as follows: proximity to adjacent residential area; potential noise impact; cost effectiveness; geotechnical analysis of area soils; compatibility with remainder of Cole Park; :ase of construction; ability to drain; nighttime light impact; ability to expand; and proximity to support infrastructure. Each of the proposed sites was evaluated on these criteria and given a positive, negative, or neutral score. He weighed all the criteria equally to avoid the appearance of a bias. Based on the evaluation tool, Mr. Carrillo reported Site A received a total score of 2, -ate B received a score of (-4), and Site C received a score of 5. Thus, the recommended site based on the evaluation tool used would be Site C since it received the highest score. Mr. Carrillo provided a preliminary summary of the potential cost items in Cole Park. He aid priority items were additional picnic areas and pavilions, service area for the amphitheater, mprovements to Oleander Point, pier renovation, improvements in the picnic area and near the skate park, and additional facilities for the amphitheater. The potential cost range was $2 to $3.6 million in construction costs alone. In conclusion, he recommended making as many of these improvements as possible once funding became available. Minutes - Regular Council Meeting September 20, 2005 — Page 13 Mayor Garrett asked for the total cost of the Skate Park. Ms. Gavlik replied the Junior League provided figures in the $350,000 to $400,000 ranges for the Skate Park. Grindline, the skate park developer, estimated that construction costs for Sites A and C would remain the same, while Site B would incur an additional $68,500 in construction costs. Halff and Associates also estimated that construction costs for Sites A and C would remain the same, but Site B was projected to incur an additional $75,000 in construction costs plus an additional $15,000 for safety railings. Mayor Garrett asked if the construction costs would be the same if the skate park was relocated to another site in the city. Ms. Gavlik replied the new site may not have the same Issues in Cole Park such as drainage issues. Mayor Garrett asked if the city's portion of the costs was $100,000. Ms. Gavlik answered affirmatively. Mayor Garrett asked if the Junior League had raised the remaining funds. Ms. Lavonne Garrison with the Junior League clarified that Grindline had estimated the total cost of the skate park was in the $350,000 to $375,000 ranges. She replied they had raised $230,000 in cash and $60,000 in-kind for a total of approximately $300,000 Mayor Garrett asked if the cash amount included the city's share of $100,000. Ms. Garrison answered affirmatively. Ms. Garrison added the Junior League began their fundraising efforts in January but site selection issues had distracted them for the past six months. Mayor Garrett asked if it mattered to the Junior League where the skate park was located. Ms. Garrison replied since October of last year, the discussion had moved to locating the skate park in Cole Park. The Council approved the locating of the skate park in Cole Park and directed that the skate park be included in the Cole Park Master Plan. She said fundraising brochures referred to the Cole Park site, and was the basis for their fundraising efforts. Mr. Kinnison commented that Ms. Garrison had stated that according to the Grindline Lost estimate of $375,000, the Junior League was only $75,000 away from its goal. He asked if he $375,000 estimate included the lighting and fencing improvements that had been previously discussed as necessary components of the plan. Mr. Noe replied negatively, saying these ,mprovements were not included in this estimate. Ms. Gavlik stated the estimated lighting costs were $50,000, but staff did not have a fencing cost estimate. Mr. Noe pointed out each site would have its own unique costs. so the final cost would not be known until a site was chosen. Mr. Marez spoke in support of locating the skate park in Site A. He believed two of the Uriteria, the impact on adjacent residential areas and the potential noise impact, were more mportant and thus should be weighed more than the others. He thanked the Junior League for their efforts. Mr. Marez also asked if the lower water table depths at Site A would affect the project cost. Ms. Gavlik replied negatively, saying Sites A and C were estimated to have the ,ame cost In response to Mr. Kelly's question, Mr. Carrillo answered that Site A was in the core section of the park, which could be used for other events. Mr. Kelly pointed out that if Site C was not selected, then this area of the park could be used to hold other special events. He asked what types of uses the community could expect to see if Site A was used for the skate park and Site C was used for other events. Mr. Carrillo replied Site C could be used for many events, including festivals, tournaments. and small band performances. Minutes - Regular Council Meeting September 20, 2005 - Page 14 In response to Mr. Garcia's question, Ms. Gavlik stated the city's contract with the Junior League stipulated that the cost of the skate park and any lighting and fencing costs would be their expense. If the skate park was located at the most expensive site, then the total cost with the lighting and fencing costs could be as high as $500,000. Mr. Garcia commented that 5500,000 was a large sum of money to raise, and noted that the city's portion of the funding was limited to $100,000. Referring to Mayor Garrett's earlier statement about relocating the skate park to another site, he said the cost at another location could be less expensive. There did not appear to be another alternative, however, except to place the skate park in Cole Park since the ('ouncil had approved this site in a previous action. Mr. Noyola asked how much Site A would cost to construct, including the lighting and fencing requirements. Ms. Gavlik replied Site A and C would cost approximately $450,000 including the lighting and fencing requirements; Site B would cost approximately $525,000. Mr. Noyola asked if staff had considered any other suitable sites for the skate park in the city, in the event the Council decided to change venues. Ms. Gavlik answered the only other step taken had been to include a provision in the State School Master Plan for a $400,000 skate park. Mr. Noyola asked if staff had considered the Dr. Hector P. Garcia Park or McCaughen Park. Ms. iavlik replied staff was in the process of developing the Dr. Hector P. Garcia Park Master Plan, and i f the Council wished to change the skate park location to this site, then it was possible. Ms. Cooper asked if Site A was acceptable to the Junior League. Ms. Garrison replied the league did not have a preference. They were in favor of any site that was conducive to the design and would not represent any additional costs. Ms. Cooper spoke in favor of locating the skate park in Site A if Cole Park remained the chosen site. Mayor Garrett asked for a 30 -minute recess to present proclamations. * * * * * * * * * * * * * Mayor Garrett called for petitions from the audience. Mr. David Burkett and Ms. Marsha Burkett, 15102 Care Harbor, spoke regarding their concerns about the lack of a curbed sidewalk >n Whitecap Boulevard, and the maintenance of the existing sidewalks on the east side of the park road . They cited the recent death of a pedestrian as an indication of the problem. Mayor Garrett asked Mr. Noe for a status report on the Whitecap Boulevard mprovements. Mr. Noe replied the Engineering staff was working on the street improvements, and staff was working on identifying funding for the sidewalks and bike trails along this oadway. Mr. Scott provided additional background on the issue. He said that five years ago, the Padre Island Property Owners Association (POA) asked the city to assist them in obtaining a grant for Whitecap Boulevard sidewalk improvements. Subsequently, the city and the POA obtained the grant from the Texas General Land Office, but ultimately had to postpone the work because the cost exceeded the estimates. He suggested working with the POA to obtain the changes. Mr. Scott also asked about maintaining the east side of the sidewalk. Mr. Noe said he would provide a report. Minutes - Regular Council Meeting September 20, 2005 — Page 15 Mr. Abel Alonzo, 1701 Thames, also expressed concern about the lack of sidewalks and ,:urb cuts on city streets in general. * * * * * * * * * * * * * Mayor Garrett continued the discussion on Item 18, the Cole Park Master Plan. He asked for public comment. Ms. Sandy Billish, Park and Recreation Advisory Committee chairwoman, spoke against locating the skate park in Cole Park because of its high usage. The committee recommended locating the skate park in the Dr. Hector P. Garcia Park or the State School Park. Mr. Hank Read, 1400 Ocean Drive, stated he was the general manager of the Marina Del Sol Condominiums. On behalf of the residents, he spoke against locating the skate park in Cole Park. citing problems with noise. He had collected 140 signatures in support of this position. He mentioned that he knew an individual who would donate $30,000 towards a skate park if it was not located in Cole Park. Mr. Kelly asked if the Marina del Sol residents would be in favor of placing the park in Site A. Mr. Read replied negatively, saying that he believed the skate park would detrimentally change the dynamics of Cole Park. Mr. Marez spoke in support of placing the skate park in Site A. He said when he met with the Marina Del Sol residents, he had understood that they were not opposed to locating the park in Site A or B, as long as the park was not situated near the Marina Del Sol. He said the ity could always change the master plan, but feels Site A would better address the residents' concerns. Mr. Read answered at that time, the residents felt Site A was better than Site C, but did not realize what types of problems a skate park could bring to an area. After conducting more research, he said the residents had changed their position, and were now opposed to locating the skate park in Cole Park. Mr. Kinnison asked if there was any research on noise issues in skate parks. He said he xasn't aware of any noise issues. Mr. Read replied that the main problems he was aware of were noise issues and trash. Ms. Gavlik added that Grindline stated the skate park would not cause noise problems. but could depend on how hard the skaters hit the concrete. Mr. Carrillo added generally. the noise levels are 65 to 70 decibels, and added there would be other ambient noise such as the wind, the ocean, and kids playing. The 300 feet distance in Site C should not present a problem to the Marina Del Sol residents. The following individuals spoke against placing the skate park in Cole Park and asked the ouncil to consider an alternate site: Mr. Ned Bowersox; Dr. Randy Cutliff; Ms. Nan Bailey, 321 Naples; Mr. James Eskew; and Ms. Donna General. Ms. Nancy Beauchamp, 1901 Ocean Drive, said that as a member of the Junior League, she wished to inform the Council that the Cole Park issue had polarized the membership. She stated the majority of the membership did not want the skate park to be located in Cole Park site, and asked the Council to consider another site. Minutes - Regular Council Meeting September 20, 2005 - Page 16 Ms. Lavonne Garrison with the Junior League refuted Ms. Beauchamp's comments, saying the issue was put to a vote before the full membership in September. The membership voted 124 for and 10 against to relocate the skate park from the Boys and Girls Club to Cole Park She said the League members who dissented lived in the Del Mar area. Mr. Scott asked if noise from the skate park would affect the amphitheater. Ms. Gavlik replied it was possible that the noise from the skate park could affect the amphitheater. She said Grindline had stated there should not be any more noise from the skate park than would be expected from KidsPlace. Mr. Scott commented the skate park could be shut down during a performance. Ms. Gavlik replied affirmatively. Mr. Abel Alonzo reminded the Council that they should vote in a way that would benefit the entire community, not just to appease one neighborhood. He said Cole Park was a public park that did not belong to anyone. Mr. Noyola asked how well the Park and Recreation department had studied the Cole Park site before recommending it. Ms. Gavlik said of the downtown parks, Cole Park was the best fit for the skate park. Mr. Noe added that one of the reasons staff recommended the master planning process was to incorporate the skate park site with the long-term uses of Cole Park. Mr. Noyola asked if the city had considered any other sites. Mr. Noe said the Junior League had requested a site that was in the downtown area and centrally located. In addition, it needed to snake sense in terms of the use of the overall park. Mr. Noyola felt the initial site at the Boys and Girls Club on Greenwood Drive was centrally located. Mr. Noyola spoke against staff's recommendation to locate the skate park in Site C. Mr. Marez commented that the Council made a unanimous decision to support the Cole Park site for the skate park. and the Junior League was also committed to this area. He wanted to protect the residents of the Marina del Sol, and he did not feel noise or overuse would be issues. He thought that done properly, the Cole Park site was the right thing to do for the community. Mr Marez made a motion to amend the Cole Park Master Plan to locate the skate park in Site A, seconded by Ms. Cooper. The motion passed unanimously (Chesney abstained). Mr. Chapa polled the Council for their votes on the resolution as amended as follows: i 8. RESOLUTION NO.026473 Resolution approving the Cole Park Master Plan The foregoing resolution was passed and approved as amended with the following vote: Garrett, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye"; Chesney abstained. Mr. Scott asked staff to fund improvements to the irrigation system in Cole Park so the grass was green all year long, possibly through a bond issue. Minutes - Regular Council Meeting September 20, 2005 — Page 17 Mayor Garrett opened discussion on Item 19, a first reading ordinance regarding the ,:urfew at Cole Park. Director of Park and Recreation Sally Gavlik stated the current curfew at Cole Park was from 2:00 a.m. to 6:00 a.m. This item would change the curfew to 10 p.m. and 6 a.m ,. except on the fishing pier. She said the Parks and Recreation Advisory Committee voted in support of the curfew change on June 8. Mr. Noyola clarified that the people on the pier actually had to he fishing with a license to he exempt. Mr. Kinnison asked how the curfew would affect special events that lasted past 10 p.m. Ms. Gavlik replied that the special event permit would allow the event to proceed past curfew. Mr. Kinnison asked about strengthening enforcement efforts to prevent people from sleeping in the park. Mr. Noe replied the new curfew ordinance would allow for better enforcement. City Secretary Chapa polled the Council for their votes as follows: 19. FIRST READING ORDINANCE Amending the Corpus Christi City Code of Ordinances, Chapter 36 - Parks, Recreation, etc., Article I - In General, Section 36-10 - Curfew, etc., by changing the curfew at Cole Park to the hours between 10:00 p.m. and 6:00 a.m., but excluding the fishing pier; providing for penalties under Section 1-6, City Code of Ordinances. The foregoing ordinance was passed and approved on its first reading with the following votes: Garrett, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye"; Chesney abstained. * * * * * * * * * * * * * Mayor Garrett opened discussion on Item 20 regarding a contract with the Downtown Management District. He stated that this item was being withdrawn. 20. WITHDRAWN activities. ************* Mayor Garrett opened discussion on Item 21 regarding a consultant contract for performance improvement in the Land Development Review System project. Assistant City Manager Margie Rose stated staff asked a consultant to assist the Development Services department in assessing their systems and finding areas for improvement. As part of the assessment, Ms. Rose said a Development Services Advisory Group, comprised of 21 members from various sections of the development community, was created to provide their feedback. He also spoke with staff to obtain their input. Ms. Rose said staff was requesting the Council's Minutes — Regular Council Meeting September 20, 2005 — Page 18 permission to implement many of the findings. She introduced Mr. George Arimes, a consultant with Horizon Centre, to present his findings. Mr. Arimes said today's objectives were as follows: provide an overview of the system assessment and improvement planning process; define the customer's expectations for success; and summarize the improvement strategies. Mr. Arimes reported the development system review was composed of a number of building blocks as follows: core business processes; people interactions; regulatory framework; technology; physical space; and organizational structure. Mr. Arimes discussed the system assessment and improvement plan. He looked at staff and customer generated current system problems and the customer's expectations for success. With this input, improvement strategies and an action plan were generated. The next step was to develop a system operational design and then begin implementation (Phases 2 and 3). To make the proposed improvements, Mr. Arimes and staff created a number of teams to locus on changing the management structure. These teams were comprised of the City Council; City Manager; Mr. Arimes; Development Services Advisory Group; Staff Steering Committee; and the Staff Action Team. He defined the roles each team played in the effort. The City Council and City Manager provided sponsorship, allocated resources, and provided policy direction. Mr. Arimes would facilitate and coach the effort. The Development Services \dvisory Group would define success, monitor implementation, and provide ongoing support. ['he Staff Steering Committee would create accountability, provide resources, and give direction. Finally, the Staff Action Team would provide operational design, testing and piloting efforts, and coordinate the implementation effort. Mr. Arimes introduced Mr. Lon Hipp, the Development Services Advisory Group t DSAG) chairman. Mr. Hipp stated hundreds of hours of work went into this process, and it 4aould probably take an additional ten or eleven months to complete. The draft report generated a total of 40 outcomes the group would like to see implemented. He described the composition ,4 the DSAG as follows: associated builders and contractors; associated general contractors; builders' association; engineers; architects; planners; and other customers. The group felt it was crucial that Development Services become a more streamlined and effective organization. He asked the Council to support the proposed plan. Mr. Arimes discussed the desired outcome themes as follows: accountability for quality and consistency of decision-making; implementation of city goals and policies; communication of regulations, requirements, and process; responsiveness and service to customers; and predictability of process and results. Mr. Arimes reported on the key customer expectations as follows: define standard operating procedures that are predictable and consistent; make the rules clear enough to know how to design without asking a person; "Time is money" so make the process timely; staff make decisions and "stick" with them; set performance standards and meet them; and have sufficient resources to meet the service demand. Minutes - Regular Council Meeting September 20, 2005 — Page 19 Mr. Arimes covered the proposed plan. The customer's objectives were as follows: receive reliable interpretations or information; get a project decision; and occupy or use their facility. To address these concerns, Mr. Arimes said the focus would be to create understandable processing; accountability for decision-making; and communication of requirements; staff responsiveness and service to customers; predictability and reliability of process; reliability of Interpretations; consistency of interpretations; communication of requirements and process; and staff responsiveness and service. Mr. Arimes then discussed each of the system design changes recommended to achieve these outcomes. The changes included allowing the customer to define their project; assign a point of contact or project manager; work with customers to provide early, comprehensive and reliable information on project feasibility; integrate the development services center; establish performance measurement program; document discussions and agreements between the customer and assigned staff; create a Unified Land Development Code; automate key data sources; perform a cost -of -service study and evaluate additional funding opportunities. Finally, Mr. Arimes discussed how to ensure the desired results. He said there was a comprehensive plan in the report with a number of components that addressed all aspects of the system. With the ongoing support of all the teams, he felt the implementation would be a success. Mr. Scott asked what role the new director of economic development, Ms. Irma Caballero. would play in this project. Mr. Noe replied her main role was to work with the F..conomic Development Corporation and head the city's economic development programs. Ms. Caballero would shepherd important economic development projects through the development services process. Mr. Arimes added the plan was tailored to include members from other departments to help with the needs of a specific project. Mr. Scott stated he wished to see a philosophy that made it clear that if a staff member .kas not cooperating, then they should move on. Mr. Arimes said by far, the majority of the staff A.anted to improve the process. He said the way to change behavior is to address the regulations and business plan to make expectations, roles and responsibilities clear. Mr. Noe added things were going well in regards to the city's growth and development, which made staff's workload so high that it was difficult to assess and improve the system. Thus, he said staff felt they needed 'u bring in someone from the outside to help. Mr. Garcia commented after reviewing the presentation, he was in support of the proposed plan because he thought it would lead to success. He asked Mr. Arimes for his houghts on how quickly the recommendations could be implemented. Mr. Arimes replied the timeframe depended on the time and resources staff and the city were willing to commit The challenge was juggling the workload while transforming the department. He said the city needed io define what resources will expedite the implementation. Mr. Garcia spoke in favor of expediting the project to move it forward. He said management and staff were in favor of the changes. Mr. Arimes stated said our goal was to make significant progress in the Fall, provide status reports to the team to expedite the process; and then make a second push in the Spring. t.'ity Secretary Chapa polled the Council for their votes as follows: Minutes — Regular Council Meeting September 20, 2005 — Page 20 2 I a. ORDINANCE NO. 026474 Ordinance appropriating $88,300 from unappropriated fund balance in the Development Services Fund No. 4670 FY2005-2006 Budget for Consultant Services for the Performance Improvement in the Land Development Review System Project; amending the FY 2005-2006 Budget adopted by Ordinance No. 026385 by increasing appropriations by $88,300. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye". 21.b. MOTION NO. 2005-333 Motion authorizing the City Manager or his designee to execute a Consultant Services Contract with Horizon Centre, of Glenelg, Maryland in the amount of $95,980 for the Performance Improvement in the Land Development Review System Project. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye". * * * * * * * * * * * * * Mayor Garrett opened discussion on Item 22, an ordinance canvassing the returns of the Sept. 10, 2005 special election. City Secretary Chapa explained the canvassing required a comparison of the results tabulated by his office to the results provided by the election judges. Mayor Garrett selected three precincts, and no discrepancies were found. City Secretary Chapa polled the Council for their votes as follows: ORDINANCE NO. 026475 Ordinance canvassing returns and declaring the results of the Special Election held on September 10, 2005 in the City of Corpus Christi on question of prohibiting all smoking inside restaurants. An emergency was declared. and the foregoing ordinance was passed and approved with the following vote: Garrett. Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye". * * * * * * * * * * * * * Mayor Garrett announced the executive session, which was listed on the agenda as follows: Executive session under Texas Government Code Section 551.071 regarding consultation with attorney about legal matters related to the design and construction of Whataburger Field, including possible discussion and action related thereto in open session. 'Minutes - Regular Council Meeting September 20, 2005 — Page 21 The Council went into executive session. * * * * * * * * * * * * * The Council returned from executive session, and Mayor Garrett called for the City Manager's report. City Manager Noe welcomed the new Director of Economic Development Irma Caballero. He reported there was no new information on Hurricane Rita. He said staff would be having a phone conference today and would keep the Council informed on the status. kny call for evacuation would be determined tomorrow. Mr. Noe also reported the city was hosting a second informational meeting with restaurant owners regarding the smoking ordinance on Thursday, September 22, at 2:00 p.m. in the Council Chambers. Mayor Garrett asked staff to provide additional police protection on Whitecap Boulevard. Mr. Noe replied additional coverage began this morning. Mayor Garrett called for Council concerns and reports. Mr. Marez reported last week he met with Corpus Christi Beach Association and they had a number of concerns. They claimed the city had removed lighting from the jetties on the north side of Corpus Christi Beach, which was a safety hazard. Mr. Noe said he would research this. Mr. Marez also asked about the city's efforts to promote recycling. Assistant City Manager Ron Massey replied staff has initiated a pilot program with individual neighborhoods to Increase participation, but the participation rates remained low. He said staff was in the process ,)f hiring a new recycling contractor which created an opportunity to discuss other ways to promote recycling. In the past, the Council and staff had discussed the funding issues involved. Mr. Noe added staff had discussed once a week collection, or commingling the recycling. He said all the options incurred different costs that the city was not willing to commit at that time. Mr. Marez stated more promotion might be helpful in raising awareness. Mr. Marez mentioned a number of pothole repairs needed on Beach and Seal Roads on Corpus Christi Beach. He also asked staff to increase the police presence around San Diego park. saying residents were concerned about vagrants. Mr. Marez also asked about changing the downtown trash pick-up cycle from Saturdays to a weekday. Mr. Massey replied changing the pick-up cycle would affect many residences. Mr. Noe asked Mr. Marez to provide the names of businesses concerned so staff could work with them on an individual basis. Finally, Mr. Marez reported the elderly residents of Sea Gulf Villa wished to know what the city could do to help in the event of a hurricane evacuation. Mr. Noe said the facility was responsible for having their own hurricane evacuation plan, and the city would contact the facility to see what issues they had. Mr. Marez encouraged citizens to make their own arrangements when possible, rather than relying on the city. Minutes — Regular Council Meeting September 20, 2005 — Page 22 Mr. Scott thanked everyone who attended the Island meeting last night, saying he thought it generally went well. He also reported on a storm water inlet near a driveway on Santa Fe Drive across Camille that appeared to be damaged due to construction. Regarding the issue of limiting beach vehicle access, Mr. Scott asked staff to determine how many linear feet of beachfront from Port Aransas to Port Mansfield was and was not accessible to vehicles. Mr. Scott asked for an update on the Jehovah's Witness conference that couldn't pay the arena rates. Mr. Noe understood they had signed a deal for two years with an additional three- vear option. He needed to confirm this because there was one outstanding issue that needed to be resolved involving the Port. Mr. Scott commented the last religious function held had paid the regular rates, so it was possible. Finally, he reiterated his comments that Cole Park should be clean and green all year, and asked staff to include a discussion on funding the next fiscal year. Mr. Kinnison stated during the Council retreat, the Council requested a Financial Policies workshop in the fall. He asked staff to let the Council know when it would be scheduled. Mr. Noyola welcomed Ms. Irma Caballero, the new director of economic development, to the city. He reported on a problem with signage at the Lexington Manor Apartments that was identified by Code Enforcement. He asked staff to look into it. He also asked about the status of litigation regarding dues check -off. Mr. Noe said he would schedule a briefing on this lawsuit during closed session. There being no further business to come before the Council, Mayor Garrett adjourned the Council meeting at 3:30 p.m. on September 20, 2005. * * * * * * * * * * * * * 2 a ARTS AND CULTURAL COMMISSION — Four (4) vacancies with three-year terms to 9-01-08 representing the following categories:, 1 - Public Art/Public Space, 1 — Architecture, 1 — Economic Development/Tourism and 1 — Del Mar College. (Mayoral appointment subject to confirmation by ('ouncil) 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 concemed; 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) Youth/Education 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. ORIGINAL MEMBERS TERM APPTD. DATE *Armando Camina (Public Art / Public Space), Chair 9-01-05 10-08-02 Deborah Fullerton (Visual Art) 9-01-07 8-24-99 Linda Avila (Texas A&M -CC) 9-01-06 2-22-00 **Chuck Anastos (Architecture) 9-01-05 12-12-00 Elia Gutierrez (Civic Leader) 9-01-07 2-22-00 Ed Grove (Marketing) 9-01-06 8-24-04 Chad Luhan (Business Development) 9-01-06 8-24-04 Gloria T. Bilaye-Benibo (Dance) 9-01-07 12-14-04 Judith Prewitt, Ph.D. (Education/Youth) 9-01-07 8-24-04 *Rebecca Esparza (Economic Dev./ Tourism) 9-01-05 5-10-05 DeAnn Gould -Lancaster (Public Art/ Public Space) 9-01-06 11-11-03 *Anne Stewart (Del Mar College) 9-01-05 11-13-01 Lynda A.J. Jones (Education/Youth) 9-01-06 6-17-03 J. Don Luna (Drama) 9-01-07 6-17-03 Guadalupe Garcia (Economic Dev./Tourism) 9-01-06 5-10-05 Dr. James A. Rennier (Music) 9-01-07 12-14-04 Daiquiri Richard (Marketing) 9-01-06 10-08-02 *Seeking reappointment **Not seeking reappointment ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT NO. OF MTGS. NAME THIS TERM Armando Camino (Public Art) 12 Rebecca Esparza (Economic Dev) 3 Anne Stewart (Del Mar) 12 NO. PRESENT 9 2 9 % OF ATTENDANCE LAST TERM YEAR 75% 67% 75% (Note: The Arts and Cultural Commission is recommending the reappointment of Armando Camina (Public Art/Public Space), Rebecca Esparza (Economic Development/Tourism), and Anne Stewart (Del Mar). The Commission is also recommending the new appointment of Frank Trimble (Architecture). OTHER INDIVIDUALS EXPRESSING INTEREST (7hristopher Aebu John R. Dykema, Jr. i'homas ('. Galyon Molly Merkle Frank Trimble Owner, Restaurant Lavender. Attended the California Culinary Academy. (Economic Development/Tourism) (4-28-05) Owner, Dykema Achitects. Received B.A. from University of Pennsylvania and M.A. from University of Texas at Austin. Activities include: Past President of STIA, Corpus Christi Chapter of AIA and Past Chairman of Board of Adj ustment. (Architecture) (9-12-05) President/CEO, Corpus Christi Convention and Visitors Bureau. Received B.A. from Emory and Henry College. Activities include: Board of Governors for the Art Center and Advisory Board for the Botanical Gardens. (Economic Development/Tourism) (1-07-05) Artist, W -Studio. Received Associates of Arts and is a certified gemologist. Served on the Board of Trustees at South Texas Institute for the Arts. (Public Art/Public Space) (7-09-04) Architect, WKMC Architects, Inc. Received Bachelor of Architecture from Kansas State University and Post Graduate Work at Trinity University. Activities include: Texas Society of Architects and American Institute of Architects. (Architecture) (7-15-05) b. CABLE COMMUNICATIONS COMMISSION - One (1) vacancy with term to 7-27-06. DUTIES: To advise the City Council on adherence to the provisions of any franchise agreement approved by the City Council, recommend regulations, encourage, develop and promote the use of access channels, assure that access channels offer a diversity of programming and services, work with user groups to develop sources of funding, conduct evaluations of the cable system and review and audit reports. and advise the City Council on rate adjustment requests. COMPOSITION: It shall consist of five residents of the City of Corpus Christi appointed by the City Council. No person or employee with ownership interest in a cable communications franchise granted by the city shall be eligible for membership on the commission. Each commission member shall be at the time of appointment, or shall become within thirty days after appointment or the availability of cable service, a subscriber to a cable communications system holding a franchise in the city. The commission shall select from its membership a chairperson and a vice -chairperson whose terms shall be one year. ORIGINAL MEMBERS TERMS APPTD. DATES Juan Garcia, Jr., Chair 7-27-06 9-23-03 Dr. Bruce Nelson Stratton 7-27-08 7-12-05 Robert A. White 7-27-08 7-12-05 Sylvia Dancer 7-27-07 7-10-01 ****Adria Renee Palacios 7-27-06 9-23-03 ****Has exceeded the number of absences allowed by ordinance INDIVIDUALS EXPRESSING INTEREST Fred Greenberg Sandra L. Maddox Hortencia B. Sanchez Semi -Retired, Help Seniors Get Online. Attended The University of Pennsylvania Wharton School of Finance. Received a Real Estate brokers License. Former member and Chairman of the Nueces County Appraisal District, Animal Control Board member, and Building Standards board member. (9-27-05) Marketing, KTOV UPN Television. Attended Del Mar College, Southwest University and U.S. Air Force. Activities include: Chamber of Commerce Ambassador Chair, HSMA and Leadership Corpus Christi. (5-24-05) Certified as an Office Clerk from Legal Assistant Associates. Pursuing a B.A. in Telemarketing and minor in International Law. Activities include: certified Director of Religious Education, Legal Assistant Association, and Executive Liaison of the City P.T.O. at Haas Middle School. Received the "Who's Who" Award from Junior College. (2-24-05) 1.atnce M Sellers Stephen R. West Department Head/FSMIV, Texas Department of Criminal Justice. Received A.A. in Communications from Del Mar College. Activities include: Steering Committee for Flour Bluff I.S.D. Educational Foundation, cable access show "Community Outreach", and State Democratic Executive Committee for Women. (2-23-05) Chief Engineer, Gulf Coast Broadcasting Company. Attended Del Mar College and various specialized broadcasting equipment related schools. Activities include: President of Chapter 29, Society of Broadcast Engineers and Frequency Coordinator, Radio and Television Society of Broadcasting Engineers. (10-03-05) COMMUNITY YOUTH DEVELOPMENT (78415) PROGRAM STEERING COMMITTEE — Two (2) vacancies with terms to 8-31-06 and 8-31-07 representing category of Youth. DUTIES: To advise the City Council on a periodic basis, as requested by the City Council, regarding the progress of the Community Youth Development Program and make recommendations to the City Council on items pertaining to the Community Youth Development Program. COMPOSITION: Eleven (11) voting members with two-year, staggered terms. The officers of the committee shall be residents of the 78415 zip code area. Terms are for two years. State guidelines require that at least 51% of the collaborative steering committee members must be community residents or people closely connected to the community who are not social service providers. Two of the voting members shall be youth involved in the Youth Action Committee. State guidelines also require that no members of the committee may be related to each other. State guidelines also require that no individual who is employed by the Fiscal Agent (City of Corpus Christi) or any organization submitting a proposal for funding through the CYD Program, or their immediate family members, may serve on the committee. An expiration date for this committee was set as August 31, 2006, unless funds for the program end sooner. ORIGINAL MEMBER TERM APPTD. DATE Kimberly Riggans (78415 Resident),Chair 8-31-06 4-20-04 Verla Gene Varino (78415 res.) 8-31-06 9-12-00 Anna Marie Cortez (78415 Res.) 8-31-07 5-24-05 Napolean Johnson 8-31-06 8-17-04 Theresa Finch (78415 Resident) 8-31-06 5-24-05 Rodney Buckwalter 8-31-07 5-24-05 James Chrobocinski 8-31-07 5-24-05 Diana Mesa (78415 Resident) 8-31-07 5-24-05 Rheba Jones (78415 Resident) 8-31-06 5-24-05 ***Erica Tello (Youth) 8-31-05 12-16-03 ***Estevan Trevino (Youth) 8-31-06 8-17-04 ***Resigned (Note: Youth members must be active in the Youth Action Committee and attend a school in the 78415 area. The Youth Action Committee is recommending Katie Childs and Matthew Stroud to fill the Youth positions.) Katie Childs Matthew Stroud Student, Mary Carroll High School. Received the Presidential Award twice and the NJROTC Honor Cadet. Member of the Youth Action Committee. (10-04-05) Junior, Mary Carroll High School. Employed with Wendy's. Member of the Youth Action Committee. (10-04-05) CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY — One (1) vacancy with term to 6-30-06. DUTIES: To operate and provide for public transportation system for Nueces County and the cities included in the Authority. COMPOSITION: Board of Directors consist of eleven (11) members - five (5) appointed by the City Council; three (3) appointed by Nueces County Commissioners Court; two (2) appointed by the Mayors of Cities in the Transit Authority other than Corpus Christi, and the Chairman who is appointed by the Board. The principal municipality shall make its appointments to the board so that at least one of the appointees is designated to represent the interests of the transportation disadvantaged. The statute does not mandate that this Board member be "transportation disadvantaged." If Chairman is from the membership, the entity that appointed that person will appoint a replacement. Terms shall be for two nears; members may serve up to eight consecutive years as stated by State Law. The State Sunset Committee suggests that the appointing bodies should consider the appointment of a regular rider of the transit system. ORIGINAL MEMBERS TERM APPTD. DATE Roland Barrera, Chairperson 10-02-07 9-14-99 Anna M. Flores (Nueces County), Vice Chair 09-18-07 10-08-03 Crystal Lyons (City Council — Transp. Disad.) 06-30-06 6-08-04 John F. Longoria (City Council) 06-30-06 6-08-04 VACANT (City Council) 06-30-06 Davie Cissna (City Council) 06-30-06 6-08-04 John J. Buckley (City Council) 06-30-06 4-27-99 Carmen P. Arias (Nueces County) 09-18-07 10-08-03 David Martinez (Nueces County) 09-18-07 10-08-03 Sara Salvide (Mayor of other Cities) 09-19-07 9-28-05 Glenn Martin (Mayor of other Cities) 09-19-07 9-28-05 INDIVIDUALS EXPRESSING INTEREST Abel Alonzo eresa Carrillo Received B.A. in Sociology and training in ADA, Access, Awareness and Advocacy. Member of the Westside Business Association. Received the Spirit of ADA Pioneer Award, Jefferson Award, and Who's Who Among Students in American Junior Colleges- Del Mar College. (7-04-05) Executive Director, Coastal Bend Bays Foundation. Received B.S. in Marine Science Emphasis and M.S. in Estuarine Ecology. Activities include: Flint Hills Community Council, Beautify Corpus Christi, Earth Day Bay Day Committee and Environmental Representative for the Coastal Bend Regional Water Planning Group. (3-18- 05) Vincent E. Doyle Thomas E. Dreyer Guadalupe J. Gomez Everest Huerta Diane LaRue Grandis Lenkin Randall L. Meredith John W. Owen Engineering Service, Corpus Christi Army Depot. Received Trade School Vocational Certification. Interested in serving community. (2-22-05) Received M.A. in Psychology. Member of the Veterans Band of Corpus Christi. (8-04-05) Self-employed, Business Consultant. Received B.A. in Business Finance. Member of the Westside Business Association. (3-10-05) President, EGH Construction. Received an Associates degree in Applied Science. Member of the Corpus Christi Hispanic Chamber of Commerce and named Business Man of the Year. (9-03-04) Independent Marketing Director, Melaleuca, Inc. Attended LaSalle University, Temple University and Holy Family College. Activities include: Mission 911, IWA Golf Chair and Gala Committee, Blessed Sacrament Convent Auxiliary, Pan American Roundtable and Leadership Corpus Christi Class XXIX. (2-25-05) Vice President, International Bank of Commerce. Community activities include: Salvation Army, U.S.O., First Women President of Bay Area Navy League, Boy Scouts of America, United Way of the Coastal Bend and Lighthouse for the Blind. Received the Y Women in Careers Award, Sweetheart of the Year Award, Silver Beaver Award, Humanitarian Award and the Commander's Award for Public Service. (6-01-04) Attorney, Meredith Law Office. Received B.A. and M.B.A. from Texas State University and J.D. from St. Mary's University School of Law. Dedicated to family and community. (3-21-05) President/CEO, Goodwill Industries of South Texas, Inc. Received B.S. in Education from the University of Wisconsin and Goodwill Industries International Executive Training Program. Activities include: Southside Rotary Club, Karen E. Henry Foundation for Accessible Housing, Texas Association of Goodwill Industries and Leadership C.C. Alumni. (6-14-05) Jamie Pyle Latrzce M Sellers John B. Smith Eloy Soza John Edward Valls Sam Watson 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) Department Head/FSMIV, Texas Department of Criminal Justice. Received A.A. in Communications from Del Mar College. Activities include: Steering Committee for Flour Bluff I.S.D. Educational Foundation, cable access show "Community Outreach", and State Democratic Executive Committee for Women. (2-23-05) Lead Pastor, First Family Church. Received B.S. from Liberty University and pursuing M.A. Activities include: Leadership Corpus Christi, World Affairs Council of South Texas, and Rotary Club. (4-14-05) Volunteer, Sunny Brook Nursing Home. Received B.S. in Biology and working on M.S. in Chemical Engineering. Member of the Committee for Persons with Disabilities. (5-26-04) Marketing Manager, Port of Corpus Christi. Received A.A. Del Mar College, B.A. from Sam Houston State University and M.B.A. from Texas A & M University — Corpus Christi. Activities include: Leadership Corpus Christi Class and Board of Directors, Literacy Council Board of Directors, and Dress for Success Board of Directors. (5- 26-05) Agent, State Farm Insurance. Received B.A. in Psychology. Member of the National Association of Insurance and Financial Advisors. (2-21-05) 3 COUNCIL MEMORANDUM RECOMMENDATION! Motion approving a software maintenance and licensing supply agreement with SHI-Government Solutions. Austin. Texas for Novell NetWare Operating System_ Novell GroupWise and Novell ZENWorks in accordance with the State of Texas ooperative Purchasing Program for an estimated annual expenditure of $76,247.43. The term of the contract will be for twelve months with an option to extend for up to two additional twelve month periods subject to the approval of the supplier and the City Manager or his designee. -.,-*_******************************************************************************* Purpose: The Master Licensing Agreements (MLA) for Novell NetWare Operating System and Novell GroupWise will continue licensing the City's network operating system and e-mail system tor the next twelve months. The MLA's provide for software upgrades and technical support, at no additional cost to the City, throughout the term of the agreement. Novell ZENWorks is a network management MIA that enhances the City's troubleshooting capability and substantially- decreases the amount of time required to resolve software problems. Basis of\ward: State of Texas Cooperative Purchasing Program -Qualified Information Systems Vendor. funding: MIS Operating Budget Mic ' e arrera Procurement & General Services Manager 520100-5210-40420 $76,247.43 ITEM LITY OF CORPUS CHRISTI Cq�nlcn,i�n^i � '--� Lk - fvlicnael barrera DESCRIPTION QTY Price Sheet PI -OC 34-06 Novell Operating System, Novelle GroupWise Novell ZEN works, license & mainteance costs UNIT SHI Government Solutions Austin, Texas Unit Extended Price Price 1 NetWare Node Maintenance Licenses 2 Novell Cluster Services - Maintenace Licenses 3 GroupWise 6.5 Mailbox Maintenace Licenses 4 ZENWorks for Disktops & Servers Maintenace Licenses 5 New Netware Node License 6 GroupWise 7.0 Mailbox Maintenmace Licenses 1.154 4 1,481 1,090 1 101 Each Each Each Each Each Each $20.41 $23,553.14 637.76 2,551.04 16.84 24,940.04 16.84 18,355.60 80.61 80.61 67.00 6,767.00 Total $76,247.43 4 COUNCIL MEMORANDUM RECOMMENDATION: Motion approving a supply agreement with SBC, Austin, Texas for hardware and operating system maintenance and support on the City's Cisco network equipment :n accordance with the State exas Cooperative Purchasing Program for a total amount of $ ! 74,066.75. The term of the contract will be for twelve months with an option to extend for up swo additional twelve month periods subject to the approval of the supplier and the City \1 tnager or his designee. -**,********************************************************************************* Purpose: Basis of \ward: Funding: The City owns and operates several pieces of networking equipment consisting of routers, switches, telephones and associated Cisco hardware. The equipment is the infrastructure that is required to keep the City's network operating system up and functional. This maintenance agreement provides the City with the technical and system support required to keep the equipment operational. The contract is awarded by the Telecommunications Services Division (TSD) of the Texas Department of Information Services (DIR) under DIR GO-DIRect contract. DIR-BUSOP-011. DIR is a catalog information services vendor (CISV) that operates under the Texas Cooperative Purchasing Program. MIS Operating Budget 530230-5210-40480 530230-5210-40450 Michat arrera Procurement & General Services Manager $110,000.00 64,066.75 Total $174,066.75 5 AGENDA MEMORANDUM RECOMMENDATION: Motion approving a supply agreement with Dell Financial Services, Round Rock. Texas for lease of approximately 500 personal computers, in accordance with the State of Texas cooperative purchasing program for an estimated three year expenditure of 1145,232. The term of the contract will be for twelve months with an option to extend for up to two additional twelve month periods subject to the approval of the supplier and the City Manager or his designee. Funds have been budgeted by the using departments in FY05-06 and wi11 he requested for all subsequent budget years. Purpose [he term of the lease will be for thirty-six months. This lease contract will provide approximately 350 desktop computers and 150 laptops to be ordered by various departments throughout the year. It will allow the City to continue to leasing computers as a cost effective approach to its computer needs. Some laptops serve as combination units in that a docking station is used in conjunction with the laptop for office use. Three different configurations of desktop computers and four configurations of laptops are covered under the lease. This lease is a continuation of the City's program to lease computers in lieu of purchasing them outright. The program's objectives are targeted at 1) providing users with the latest technology once every three years, 2) providing a disposal process for old computer equipment, 3) spreading the costs associated with acquiring computer equipment over a three year period and 4) decreasing the cost associated with maintaining computer equipment by including a thirty-six month warrantv. :All these objectives have been met and continue to be pursued with all computer users throughout the City. this lease will he an extension of the current Master Lease Agreement (MLA) in place with Dell Computers. The agreement is based on the Texas Department of information Resources (DIR) contract No. DIR-SDD-192. Under the DIR contract. Dell computer is able to lease computer equipment to the City at pre - negotiated discount pricing. This lease will encompass other computer equipment that the City will need over the contract period including servers, printers, projectors and related equipment. Pricing for the additional equipment vvill he established at the time the equipment is needed. Dell is a frontrunner in the industry they not only provide a very reliable PC but have also hosted training sessions for City technicians to obtain the knowledge and skills necessary- for Dell Certification. Dell offers the City expedited service and the City can requisition parts directly from the manufacturer. Dell also maintains licensing records for all software purchased under the contract. . .ird Basis: State of Texas Cooperative Purchasing Program — Department of Information Resources Contract No. SDD-192. bonding: Monies are budgeted in the 520100 expense account ( minor computer equipment) of the various operational budgets of the requesting departments. Various City Departments -520100 FY(05-06) $381,744 I he PC's will be ordered on a monthly basis as requests for PC replacements are received by the MIS department. The maximum price for each desktop is $1,349.99, scheduled as a monthly lease payment of $46.40. The maximum price for each laptop is $2,030, scheduled as a monthly lease payment of $69.78. The cost for the software license is $297 scheduled as a monthly lease payment of $10.21. At the end of the fiscal year, if all 500 computers are ordered, the monthly lease payment will be $31,812 or $381,744 annually, with a three year cost of $1,145.232. Annual funding will be requested during each of the following budget years. The ongoing contract is contingent upon all future budget appropriations. Michael 'Barrera Procurement & General Services Manager U @ Z = O a) j CO DRa c OZ c J o J W } r 2 a7 _T C C O U C E O @ a) 2 a `U O -'N O N V 0 N CO y U) CO (O CI ---C O 0- _c I- C -C N E E m c tri �N 0 0 0 0 co .0 o vt v E E - N (A O 0 O (O (D u7 (O O (O y, CO M ,- Cr) N CO V - O IT -, N Q) V a) (O 5 O a — a `t' E E O O O 0 LO Li)M O ^ O V (1) N (.6 o a) v aco a €.9.O EE o U C O U 4) L L L C C C o O O Lf) 0 E 0 F - z DESCRIPTION T 0 0L LO D @ 0 N N W W O O C O 0 0 c kr) Le k o 0 .7,-)r an a) L 0 0 v -N- a a) -a (» o - o co 3 co o a ` N T T co N a) -0 N M N `O 0 Ua) E 69 a 3 C m c o E ( O a c wo a)o 0 a) r Eomo > UN C , co CO Cii N C O _ 23C -C O O a z ,F. o (q L@3 .-,t C i a) O Q O a �`rri EEo m a r, v U CO O NN CO C@ O C N0 a) o �Y @ O -U COaUO O O >.' r O UO a @ a) N O a N V M 7 -O'C- a) Y O .4 2 O O O � O aa E Q E f1 E @ E a @ ca O ° at 0 E m aE sc a -v n m -5 a L 0- m a t c p u� m Ea›), a0 E p n� a0 Q a) d a N O T J o O E co > 0 @@ U(�n�c.0 0j�LO co) —c ° as N T T O a) cc -c@ o_ -0 CO L N N N L L Y a� C Y6 O O. 0 C m N N ;- O y U a) N C C O O O O )° .� a J@ H oU 7 2 2 3 6 COUNCIL MEMORANDUM (RECOMMENDATION: Motion approving a maintenance agreement with DataSeek Corporation, San Antonio. Texas for the HTE Storage Area Network (SAN) in accordance with the State of Texas Cooperative Purchasing Program for a total amount of $60,227.80. The term .�f the contract will be for twelve months with an option to extend for up to two additional twelve ;north periods subject to the approval of the provider and the City Manager or his designee. Purpose: this maintenance contract will cover the EMC Symetrix 8530 Storage Area Network (SAN) that is currently used in conjunction with the AS -400 for utility billing on HTE. The maintenance covers the hardware and software required to keep the SAN operational. Basis of -Award: State of Texas cooperative purchasing Program — Catalog Information System Vendor Funding: Michael I3 arrera Procurement & General Services Manager VHS Operating Budget 530230-5210-40470 $60,227.80 7 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: September 27, 2006 AGENDA ITEM: Resolution authorizing the City Manager, or designee, to submit a grant application to the General Land Office (Coastal Management Program) in the amount of $100,000 for construction of Phase II of the Corpus Christi Beach Promenade, with a City match of $30,000 in the No. 3289 2005 CIP Fund, third party match of $10,000 and a total project cost of $100,000. ISSUE: The Corpus Christi Beach Promenade Phase I was completed in 2003, with funding provided through grant funding from the General Land Office (Coastal Management Program). This grant application is to request similar funding from the General Land Office (Coastal Management Program) to complete Phase II of the project. REQUIRED COUNCIL ACTION: Request authorization to submit a grant application to the General Land Office (Coastal Management Program) for Phase II of the Corpus Christi Beach Promenade in the amount of $100,000. PREVIOUS COUNCIL ACTION: none CONCLUSION AND RECOMMENDATION: Staff recommends approval of request to submit grant application. Sally G Parks a Attachments: none 4Aig ik, Director d Recreation RESOLUTION AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO SUBMIT A GRANT APPLICATION TO THE GENERAL LAND OFFICE (COASTAL MANAGEMENT PROGRAM) IN THE AMOUNT OF $100,000 FOR CONSTRUCTION OF PHASE II OF THE CORPUS CHRISTI BEACH PROMENADE, WITH A CITY MATCH OF $30,000 IN THE NO. 3289 2005 CIP FUND, THIRD PARTY MATCH OF $10,000 AND A TOTAL PROJECT COST OF $100,000. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Manager, or designee, is authorized to submit a grant application to the General Land Office (Coastal Management Program) in the amount of $100,000 for Construction of Phase II of the Corpus Christi Beach Promenade, with a City match of $30,000 in the No. 3289 2005 CIP Fund, third party match of $10,000, and a total project cost of $100.000 SECTION 2. The City Manager, or designee, may accept, reject, agree to alter the terms and conditions of, or terminate the grant, if awarded to the City. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: September 15, 2005 oyle Curtis Chief, Administrative Law Section Senior Assistant City Attorney For City Attorney Henry Garrett Mayor H \LEG-DIR\OlgaMoylelResolu.tion105.0915DC.GrantAp.plicati.onGener.alLandC.oastalM.gmtPrgm.Constru.ctPhase.lICCBea.chProme.nade.doc Corpus Christi, Texas _ day of , 2005 The above resolution was passed by the following vote: Henry Garrett. Brent Chesney Melody Cooper Jerry Garcia William Kelly Rex A. Kinnison John E. Marez Jesse Noyola Mark Scott H \LEG-DIR1OIgaR\Doyle\Resolu.tion105.0915DC.GrantAp. plicati.onGener.alLandC.oastalM.gmtprgm.Constru.ctPhase.IICCBea.chProme.nade.doc 8 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 09/27/05 AGENDA ITEM: Resolution authorizing the City Manager or his designee to execute an interlocal agreement between the City of Corpus Christi (City) and Corpus Christi Independent School District (CCISD) whereby CCISD agrees to reimburse City's Police Department at an annual rate of $162,036 in exchange for said Police Department presenting 5,814 hours of "D.A.R.E." and and "KIDS and COPS" Curricula to CCISD campuses during the time period of 8/23/05 through 06/30/06. ISSUE: The Police Department provides a drug and violence prevention and safety education curriculum to CCISD students. This agreement provides for this service and must be renewed each year. BACKGROUND INFORMAITON: The City of Corpus Christi Police Department has been reimbursed for the DARE program by CCISD since 1990. This interlocal agreement seeks to continue the relationship between the City of Corpus Christi Police Department and CCISD for the DARE and Kids and Cops Program at an annual reimbursable rate of $162,036 payable in three payments beginning with the 2004/2005 school year. This is based on the officers' actual time on campus. The agreement calls for Police officers to teach the DARE curriculum to all 6th grade students, to teach the Kids and Cops curriculum to 2nd and 4th grade students, and to provide community -policing presentations to all middle and elementary school campuses. REQUIRED COUNCIL ACTION: Approval of the resolution. FUNDING: CCISD reimburses the City of Corpus Christi in the amount of $162,036 each year for the program. CONCLUSION AND RECOMMENDATION: Staff recommends approval of the resolution. P. Alvarez, Jr. Chief of Police Attachments: Interlocal agreement with CCISD CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT INTERLOCAL AGREEMENT BETWEEN THE CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT AND THE CITY OF CORPUS CHRISTI THIS INTERLOCAL AGREEMENT, hereinafter referred to as "the Agreement", is by and between the Corpus Christi Independent School District (hereinafter referred to by name or as "C.C.I.S.D."), and City of Corpus Christi, a Texas Municipal Corporation (hereinafter referred to by name or as "City"), pursuant to Chapter 791 of the Texas Government Code, to achieve efficiency in meeting intergovernmental responsibilities. WHEREAS, the City Police Department provides the Drug Abuse Resistance Education (hereinafter referred to as "DARE") and Kids and Cops Programs; and WHEREAS, the Corpus Christi Independent School District desires to engage the City Police Department to render services to C.C.I.S.D. students composed within the DARE and Kids and Cops Curricula; and WHEREAS, the City DARE program desires to perform said services; NOW, THEREFORE, the parties enter into the following Agreement: ARTICLE 1. - CONTRACT TERM The Agreement for services is effective immediately upon execution of this document by both parties and shall continue through June 30, 2006. ARTICLE 2. - PURPOSE The purpose of this Agreement is to provide drug and violence prevention and safety education to all C.C.I.S.D. elementary and middle school students. ARTICLE 3. - SCOPE OF SERVICES The City will provide to C.C.I.S.D. during the term hereof the following projects and services: 1. Two (2) trained and certified Project DARE officers will provide instruction as directed by the DARE curriculum to all 6th grade students at C.C.I.S.D. middle school campuses. The lessons will be taught in 10 -weekly sessions. 2. Eleven (11) trained officers will provide the Kids & Cops curriculum to 2°d and 4th grade students at all C.C.I.S.D. elementary campuses. The curriculum will be taught in 4 -week sessions. 3. Directed Patrol Officers will be community -policing resources to all middle schools and elementary campuses. 4. Directed Patrol Officers will be available to make presentations to parents and school staff on a number of subjects, including a parent's guide to recognizing the signs and symptoms of early gang involvement, drug abuse and the consequences of underage drinking. 5. There will be an open line of communication with the City of Corpus Christi and the administrator for Title IV: Safe and Drug -Free Schools and Communities, (361) 886-9111. 6. The City shall bear the responsibility and expenses of ordering and paying for a sufficient number of supplies. The City shall not make purchases in the District's name or any of its agents nor shall it attempt to bind the District for merchandise purchases pertaining to the delivery of DARE services. 7. Although not specifically funded under said contract, the City will continue to offer programs that support a continuum of service to C.C.I.S.D. students. These programs are the Officer Friendly program that introduces positive law enforcement interaction to Kindergarten, 15t and 2nd graders and the Campus Crime Stoppers program that encourages students to take an active part in making their middle and high schools safe places to learn. DISTRICT RESPONSIBILITIES C.C.I.S.D. will be responsible for providing DARE curriculum books to students in the middle school DARE programs and covering any cost thereof from 2005-2006 Title IV: Safe and Drug -Free Schools and Communities funds. ARTICLE 4. - EVALUATION COMPONENT The City agrees to provide three summaries of program implementation and the program's effectiveness to the Title IV: Safe and Drug -Free Schools and Communities' administrator by November 29, 2005, February 28, 2006, and May 31, 2006. The summary shall include the following: • Documentation of program effectiveness, such as, Pre- and post -evaluation, student/teacher surveys, etc. • Total number of presentations made during the previous quarter. • Total number of presentations made throughout the year to date of summary. • Total number of students served during the previous quarter. • Total number and grade level of classrooms visited during the previous quarter. • Teacher's name for classrooms visited during the previous quarter. • Officer's name for classrooms visited during the previous quarter. A quarterly report will include information as prescribed by the Safe and Drug - Free Schools and Communities Act "Principles of Effectiveness" as set forth below: Principle 1: Assessment - A grant recipient shall base its SDFSC program on an t' :1 ;.d pr0blcros in the schools and communities served. Principle 2: Performance Measures - A grant recipient shall, with the assistance of local or regional consultation with required representation, which includes community representatives, establish a set of performance measures aimed at ensuring that schools and communities served have a safe, orderly and drug-free learning environment. Principle 3: Scientifically Based Research - A grant recipient shall design and implement its SDFSC activities for youth based on scientifically based research that provides evidence that the strategies used prevent or reduce drug use and violence. Principle 4: Analysis of Factors - A grant recipient shall base its SDFSC program on an analysis of the prevalence of risk and protective factors, buffers, assets, or other variables in schools and communities in the state identified through scientifically based research. Principle 5: Consultation - A grant recipient shall include meaningful and ongoing consultation with, and input from, parents in the development of the application and administration of the SDFSC program. Principle 6: Evaluation - A grant recipient shall evaluate its drug prevention and violence prevention program periodically to assess progress toward achieving its established performance measures. The evaluation results shall be used to refine, improve, and strengthen its program, and shall also be made available to the public upon request, with public notice of such availability provided. ARTICLE 5. - COMPENSATION AND METHOD OF PAYMENT For and in consideration of the services to be performed by the City pursuant to this Agreement, C.C.I.S.D. shall pay to the City a fee of no more than $162,036 for services rendered to all elementary and middle schools from Title IV: Safe and Drug -Free Schools and Communities. This cost is based on an average hourly rate of $27.87 for 5,814 hours of service to all elementary and middle schools campuses. Such amount shall be paid in three (3) equal installments of $54,012, upon receipt of invoice and evaluative reports. The first invoice is due on November 29, 2005, and the second invoice is due on February 28, 2006, and third invoice is due no later than May 31, 2006. C.( .1.S.D. shall pay the City of Corpus Christi all fees due no later than thirty (30) days after the dated receipt of invoice. ARTICLE 6. - USES OF C.C.I.S.D. INFORMATION AND RECORDS BY THE CITY Authorized representatives of the City may from time to time have access to, and use of, information obtained from C.C.I.S.D. regarding students enrolled in the DARE program. City officers shall not release or disclose to the public or any third party student information or records without the prior written consent of the parent(s) of the minor in question, except as required by state or federal law. Each party shall take all steps necessary to ensure that the student information and records are viewed only by authorized representatives of the City for the permissible uses stated herein. Said information is considered confidential, and shall not be used by the City or any of its employees or agents for private purposes. The City acknowledges and understands that the unauthorized release of student information or records may subject the individual or entity to criminal and civil penalties. Accordingly, the City will educate and inform its staff regarding C.C.I.S.D.'s "Acceptable Use Guidelines for Technology", permissible uses of the student information and records obtained from C.C.I.S.D. databases, and the Family Educational Rights and Privacy Act (see 20 U.S.C., Section 1232g and 34 C.F.R., Section 90, et seq.). The City further agrees that the information or records disclosed or obtained pursuant to this Agreement will be destroyed by the City after the need for such information ceases to exist. ARTICLE 7. - TERMINATION This Agreement may be terminated by any of the following occurrences: A. By mutual agreement and consent in writing by both parties; B. By either party upon thirty (30) days written notice to the other party; C. By either party upon the failure of the other party to fulfill its obligations as set forth in this Agreement. ARTICLE 8. - AMENDMENTS Any and all changes to this Agreement may be enacted by written amendment or addendum properly executed by the appropriate representative of each party. ARTICLE 9. - ASSIGNMENT Neither party shall assign, sublet or transfer its interests in this Agreement without the prior written consent of the other party. ARTICLE 10. - LIABILITY AND INDEMNITY The parties hereto agree, to the extent permitted by law, to forever release from liability, indemnify, and hold harmless each other for the acts and/or omissions of their respective employees. Specifically, the City agrees, to the extent permitted by law, to fully release, indemnify, and hold harmless C.C.I.S.D. for the acts and/or omissions of any City employee who may violate the terms of this Agreement, or any other state or federal law applicable to this Agreement. Further, C.C.1.S.D. agrees, to the extent permitted by law, to fully release, indemnify, and hold harmless the City for the acts and/or omissions of any C.C.I.S.D. employee who may violate the teens of this Agreement, or any other state or federal law applicable to this Agreement. 4 ARTICLE 11. - NOTICES All notices from either party to the other required under this Agreement shall be personally delivered or mailed to such party at the following address: For the City: For C.C.LS.D.: Pete Alvarez, Chief of Police City of Corpus Christi Police Department 321 John Sartain St. Corpus Christi, Texas 78401 Jesus H. Chavez, Ph.D., Superintendent 801 Leopard Street Corpus Christi, Texas 78401 ARTICLE 12. - APPROPRIATION OF FUNDS The City and C.C.LS.D. agree that the performance of each is subject to the ability of the parties to provide or pay for the services required under this Agreement. The City and C.C.1.S.D. acknowledge that this Agreement between them is entered into in accordance with the Interlocal Cooperation Act, Chapter 791, Texas Government Code. In accordance with said Act, the parties hereto acknowledge that any payments made pursuant to the terms of this Agreement shall be made from current revenues available to the paying party, and any future payments are subject to appropriations. ARTICLE 13. - EQUAL OPPORTUNITY The parties shall provide all services associated with the subject matter of this Agreement in compliance with the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972 (34 C.F.R., Section 106, et seq.), and all other applicable federal and state non- discrimination statutes or laws. ARTICLE 14. - LAW GOVERNING AND VENUE The parties agree that the law governing this Agreement shall be that of the State of Texas and that any disputes arising under this Agreement shall have venue in a State District Court of Nueces County. Texas. ARTICLE 15. - MEDIATION The parties agree that any dispute that may arise under this Agreement shall be first submitted to mediation in an attempt to resolve any such dispute before litigation is filed. The parties may seek injunctive relief from a Nueces County District Court prior to mediation if there is an imminent risk of loss or damages. ARTICLE 16. - FORCE MAJEURE Each party hereto shall be excused from performance hereunder for any period and to the extent that it is prevented from performing any act, in whole or in part, as a result of delays caused by the other party, or an act of God, war, civil disturbance, court order, labor disputes, third party non-performance, or other cause beyond its reasonable control, including, but not limited to, failures or fluctuations in electrical power, heat, light, air conditioning, or telecommunications equipment. Such non-performance shall not be a default or a ground for termination under this Agreement. WHEREAS, the City and the Corpus Christi Independent School District agree to the terms as set forth above, this Agreement shall he effective upon full execution of the Agreement by the proper authorities of each entity, after approval by the governing bodies of such entities. Executed at Corpus Christi, Texas and dated on this day of , 2005. PROVIDER: The City of Corpus Christi 321 John Sartain St. Corpus Christi, Texas 78401 Armando Chapa, City Secretary Pete Alvarez, Chief o Gotg K. (Skip) Noe, City Manager Legal form approved on , 2005 ; Mary K. Fischer, City Attorney By: Assistant City Attorney DISTRICT: CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT P.O. Box 110 Corpus Christi, Texas 78403-0110 REVIEWED AND APPROVED BY THE OFFICE OF THE SUPERINTENDENT: /cLe/ Chavez, Ph.D. Su erint tis H. Cha p dent Date: !f le? 310.5 REVIEWED AND APPROVED BY THE BOARD OF TRUSTEES: By: Dr. Manuel Flores, Presiden Board of Trustees APPROVED AS TO LEGAL FORM: By: S. ISD Date: RESOLUTION AUTHORIZING THE CITY MANAGER, OR THE CITY MANAGER'S DESIGNEE, TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI, TEXAS (CITY) AND CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT (CCISD) WHEREBY CCISD AGREES TO REIMBURSE CITY'S POLICE DEPARTMENT AT AN ANNUAL RATE OF $162,036 IN EXCHANGE FOR SAID POLICE DEPARTMENT PRESENTING 5,814 HOURS OF "D.A.R.E." AND "KIDS and COPS" CURRICULA TO CCISD STUDENTS ON CCISD CAMPUSES DURING THE TIME PERIOD OF 08/23/05 THROUGH 06/30/06. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS THAT: SECTION 1. The City Council hereby authorizes the City Manager or his designee to execute an Interlocal Agreement between the City of Corpus Christi, Texas (CITY) and Corpus Christi Independent School District (CCISD) whereby CCISD agrees to reimburse CITY's police department at an annual rate of $162, 036 in exchange for said police department presenting 5,814 hours of "D.A.R.E." and "Ms and Cops" curricula to CCISD students on CCISD campuses during the time period of 08/23/05 through 06/30/06. ATTEST: Armando Chapa City Secretary THE CITY OF CORPUS CHRISTI: Henry Garrett Mayor Legal fo _ pproved: - °- /7 , 2005 Randy A. Stoneroad Assistant City Attorney Corpus Christi, Texas day of , 2005 The above resolution was passed by the following vote: Henry Garrett Brent Chesney Melody Cooper Jerry Garcia Bill Kelly Rex A. Kinnison John E. Marez Jesse Noyola Mark Scott H:\LEG-DIR\elizabeth\Dept Files\EH Resolutions\EHres155.doc 9 AGENDA MEMORANDUM City Council Action Date: September 27, 2005 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, in the amount of $200,000, for personnel, fringe benefits, travel, supplies, and other expenses relating to a plan for responding to an act of terrorism. Item B: An ordinance appropriating a grant of $200,000 from the Texas Department of State Health Services in the No. 1066 Health Grants fund for personnel, fringe benefits, travel, supplies, and other expenses relating to a plan for responding to an act of terrorism; and declaring an emergency. ISSUE: The Texas Department of State Health Services (DSHS) has awarded the Corpus Christi—Nueces County Public Health District with a grant in the amount of $200,000 to maintain the laboratory beginning September 1, 2005 through August 31, 2006 as a Level B laboratory. This will enable the lab to test food for possible agents of bioterrorism as well as enabling the lab to support the Environmental Health division with outbreaks of food- borne illness. REQUIRED COUNCIL ACTION: Acceptance of the grant and appropriation of funds. PREVIOUS COUNCIL ACTION: Council approved funding FY04-05. FUNDING: There is no match funding required. CONCLUSION AND RECOMMENDATION: Recommend City Council to accept the grant and appropriate funding to maintain a Level B laboratory. (Department Head Signature) BACKGROUND INFORMATION This item renews our current contract with the DSHS to maintain our lab at a Level B Laboratory. This will enable the lab to test food for possible agents of bioterrorism as well as enabling the lab to support the Environmental Health division with outbreaks of food- borne illness. The contract requires no matching funds. The contract period is from 9/1/05- 8/31/06, and funds are being awarded to cover personnel, fringe benefits, travel, equipment, supplies, and additional funds to update equipment. 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 $200,000, FOR PERSONNEL, FRINGE BENEFITS, TRAVEL, SUPPLIES, AND OTHER EXPENSES RELATING TO A PLAN FOR RESPONDING TO AN ACT OF TERRORISM. 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 $200,000, for personnel, fringe benefits, travel, supplies, and other expenses relating to a plan for responding to an act of terrorism. ATTEST: Armando Chapa City Secretary APPROVED: September 21, 2005 Eliza1th R. Hundley Assis ant City Attorney for the City Attorney EHres164.doc THE CITY OF CORPUS CHRISTI Henry Garrett Mayor Corpus Christi, Texas , 2005 The above resolution was passed by the following vote: Henry Garrett Brent Chesney Melody Cooper Jerry Garcia Bill Kelly Rex A. Kinnison John E. Marez Jesse Noyola Mark Scott AN ORDINANCE APPROPRIATING A GRANT OF $200,000 FROM THE TEXAS DEPARTMENT OF STATE HEALTH SERVICES IN THE NO. 1066 HEALTH GRANTS FUND FOR PERSONNEL, FRINGE BENEFITS, TRAVEL, SUPPLIES, AND OTHER EXPENSES RELATING TO A PLAN FOR RESPONDING TO AN ACT OF TERRORISM; AND DECLARING AN EMERGENCY. 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 $200,000, is appropriated in the No. 1066 Health Grants Fund for personnel, fringe benefits, travel, supplies, and other expenses relating to a plan for responding to an act of terrorism. 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 , 2005. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Henry Garrett City Secretary Mayor APPROVED: September 21, 2005 .J14/1 1 11°,ILa4. / Eliz- f th R. Hundley Assi ant City Attorney for the City Attorney EHordl74 do Corpus Christi, Texas - day of , 2005 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, Council Members Henry Garrett Mayor The above ordinance was passed by the following vote: Henry Garrett Brent Chesney Melody Cooper Jerry Garcia Bill Kelly Rex A. Kinnison John E. Marez Jesse Noyola Mark Scott 10 AGENDA MEMORANDUM City Council Action Date: September 27, 2005 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, in the amount of $68,335 for personnel costs to provide essential public health services. Item B: An ordinance appropriating a grant of $68,335 from the Texas Department of State Health Services in the No. 1066 Health Grants fund for personnel costs to provide essential public health services; and declaring an emergency. ISSUE: The Health Department is in receipt of Attachment #3, Change #3 to Contract #7460005741-2006 with the Texas Department of State Health Services (DSHS). The contract provides the Health District with $68,335 in financial assistance for personnel supporting provision of essential public health services. Services supported under this funding include disease investigation and surveillance, laboratory services and environmental health services. The contract period is from 9/1/05 through 2/28/05. REQUIRED COUNCIL ACTION: Acceptance of the grant and appropriation of funds. PREVIOUS COUNCIL ACTION: Council approved funding FY04-05. FUNDING: There is no match funding required. CONCLUSION AND RECOMMENDATION: Recommend City Council to accept the grant and appropriate funding for continuation of public health services. �444<-&r-9--, MPH Annette Rodriguez,'M.P.H. Acting Director of Public Health BACKGROUND INFORMATION This item is an annual renewal of a grant that has been provided to the Health District from the DSHS for many years. The purpose of this funding is to strengthen and improve local public health infrastructure and to increase local jurisdiction's abilities to provide essential public health services. No matching funds are required. The grant provides for four staff salaries. These salaries are provided though financial assistance to the City in the amount of $68,335. Activities supported by this funding include provision of laboratory and environmental health services, diagnosis, investigation, and surveillance and prevention of communicable diseases, and community health education. DEPARTMENT OF STATE HEALTH SERVICES 1100 WEST 49TH STREET AUSTIN, TEXAS 78756-3199 STATE OF TEXAS DSHS Document No. 7460005741 2006 COUNTY OF TRAVIS Contract Change Notice No. 03 [he 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 PERFORMING AGENCY. The parties thereto now desire to amend such contract attachment(s) as follows: SUMMARY OF TRANSACTION: ATT NO 03 : RLSS-LOCAL PUBLIC HEALTH SYSTEM All terms and conditions not hereby 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 tSignature of person authorized to sign) (Name and Title) (Signature of person authorized to sign) Bob Burnette, Director Client Services Contracting Unit (Name and Title) Date: Date: RECOMMENDED: B y: (PERFORMING AGENCY Director, if different from person authorized to sign contract JC CSCU - Rev. 6/05 Cover Page 1 ItEl A11 S OF ATTACHMENTS Au! Amo f 01 1 DSHS Program ID/ DSHS Purchase Term Financial Assistance Direct Assistance Total Amount (DSHS Share) Pee:-. Fnd Cnl,rce- of i 1.4116S. Amount FB/PC 0000302370 00003 01/01/05 12/31/05 93.116 109,526.00 0.00 109,526.00 DIAB/CDSP 0000304678 04/01/05 03/29/06 93.988 89,782.00 0.00 89,782.00 03 RLSSILPHS 0000310453 09/01/05 02/28/06 State 68,335.00 0.00 68,335.00 DSHS Document No.7460005741 2006 Totals Change No. 03 $267,643.00 $ 0.00 $267,643.00 *Federal funds are indicated by a number from the Catalog of Federal Domestic Assistance (CFDA), if applicable. REFER TO BUDGET SECTION OF ANY LhRO AMOUNT ATTACHMENT FOR DETAILS. Cover Page 2 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 $68,335 FOR PERSONNEL COSTS TO PROVIDE ESSENTIAL PUBLIC 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 a grant from the Texas Department of State Health Services, in the amount of $68,335, for personnel costs to provide essential public health services, such as disease investigation, laboratory services, and environmental health services. ATTEST: Armando Chapa City Secretary APPROVED: September 21, 2005 49 arm Eliza • we h R. Hundley Ass i ' nt City Attorney for the City Attorney EHres165.doc THE CITY OF CORPUS CHRISTI Henry Garrett Mayor Corpus Christi, Texas , 2005 The above resolution was passed by the following vote: Henry Garrett Brent Chesney Melody Cooper Jerry Garcia Bill Kelly Rex A. Kinnison John E. Marez Jesse Noyola Mark Scott AN ORDINANCE APPROPRIATING A GRANT OF $68,335 FROM THE TEXAS DEPARTMENT OF STATE HEALTH SERVICES IN THE NO. 1066 HEALTH GRANTS FUND FOR PERSONNEL COSTS TO PROVIDE ESSENTIAL PUBLIC HEALTH SERVICES; AND DECLARING AN EMERGENCY. 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 $68,335, is appropriated in the No. 1066 Health Grants Fund for personnel costs to provide essential public health services, such as disease investigation, laboratory services, and environmental 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 , 2005. ATTEST: Arm. , o Chapa City cretary APPROVED: September 21, 2005 Elizabeth R. Hundley Assistant City Attorney for the City Attorney EHord175.doc CITY OF CORPUS CHRISTI Henry Garrett Mayor C puS l,tifIStt, 1 E'xciS day of , 2005 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, Council Members Henry Garrett Mayor The above ordinance was passed by the following vote: Henry Garrett Brent Chesney Melody Cooper Jerry Garcia Bill Kelly Rex A. Kinnison John E. Marez Jesse Noyola Mark Scott 11 AGENDA MEMORANDUM City Council Action Date: October 11, 2005 AGENDA ITEM: Item A. An ordinance appropriating an additional grant of $12,530 from the Texas Department of State Health Services in the No. 1066 Health Grants fund for supplies and equipment for the women, infants, and children program; and declaring an emergency. ISSUE: The Bureau of Clinical and Nutrition Services, Texas Department of State Health Services (DSHS), provides funding for supplemental food vouchers, and nutrition education at no cost to low income pregnant and postpartum women, infants, and children (WIC). Services are performed in accordance with the terms and specifications of the DSHS and the United States Department of Agriculture (USDA). This item provides additional funding to support expenses incurred in response to Hurricanes Katrina and Rita. REQUIRED COUNCIL ACTION: Authorize and appropriate additional revenue. PREVIOUS COUNCIL ACTION: Council approved funding FY04-05 on October 12, 2004. FUNDING: No match funding required. CONCLUSION AND RECOMMENDATION: Recommend City Council to approve and appropriate funding for WIC services. (Department Head Signature) BACKGROUND INFORMATION The special supplemental nutrition program for women, infants, and children (WIC) is a health and nutrition program that is successful in improving the diets of infants, children, and pregnant, postpartum, and breastfeeding women who are eligible for the program through low income and nutrition -related risks. This item appropriates additional funds for expenses that were incurred in hurricane relief efforts by the WIC Program. The WIC grant assists in providing services to low income women, infants, and children. The main goal of the WIC program is to educate mothers about proper nutrition for their babies and young children. The WIC division serves an average of 5,000 WIC clients per month. AN ORDINANCE APPROPRIATING AN ADDITIONAL GRANT OF $12,530 FROM THE TEXAS DEPARTMENT OF STATE HEALTH SERVICES IN THE NO. 1066 HEALTH GRANTS FUND FOR SUPPLIES AND EQUIPMENT FOR THE WOMEN, INFANTS, AND CHILDREN PROGRAM; 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 $12,530, is appropriated in the No. 1066 Health Grants Fund for supplies and equipment for the Women, Infants, and Children Program. 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 , 2005. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: September 21, 2005 401 ' Elii.•'th R. Hundley Ass Int City Attorney for the City Attorney EHord 175.doc Henry Garrett Mayor day of , 2005 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, Council Members Henry Garrett Mayor The above ordinance was passed by the following vote: Henry Garrett Brent Chesney Melody Cooper Jerry Garcia Bill Kelly Rex A. Kinnison John E. Marez Jesse Noyola Mark Scott 12 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: October 11. 2005 AGENDA ITEM: A Resolution authorizing the City Manager, or designee, to accept a grant from the Texas Forest Service in the amount of $29,428 for a Professional Forester position, with $29,428 match from the No. 1020 General Fund. B. Ordinance appropriating $29,428 grant from the Texas Forest Service in the No. 1067 Park and Recreation Grants Fund to fund a full-time Urban Forester position for the grant period October 1, 2005 to September 30, 2006; and declaring an emergency. ISSUE: The City of Corpus Christ has been awarded a $29,428 grant from the Texas Forest Service. The "Urban Forestry Partnership Program" grant will assist the City of Corpus Christi Parks and Recreation Department to establish an urban forester position. This urban forester position will be responsible for conducting an inventory of public trees, writing and executing long and short-range tree management plans, enforcing city landscape and tree ordinances, and delivering educational programs to constituent groups and the public. Grant and local funds will pay salary, benefits, office expenses, travel, uniforms, training, and cell phone costs. This grant program will allow the City to apply for two additional years of funding to support the urban forester position at some level, subject to the annual application process and funding availability of the Texas Forest Service. REQUIRED COUNCIL ACTION: Council action is required to authorize the City Manager or his designee to accept and appropriate these funds. PREVIOUS COUNCIL ACTION: Council authorized an application to the Texas Forest Service at their July 12, 2005 meeting. FUNDING: Grant award requires an equal commitment of funds or in-kind contributions from the City. This commitment comes from redistributed budgeted amounts within the General Fund - Park Operations. CONCLUSION AND RECOMMENDATION: Staff recommends approval of the resolution and ordinance. Sally G Parks a Attachment: Background Information ik, Director d Recreation BACKGROUND INFORMATION A cooperative program between the Texas Forest Service and the United States Department of Agriculture Forest Service, the "Urban Forestry Partnership Grant Program" provides matching grant funds for local projects. The 1016' Congress of the United States, in developing the Forestry Title of the 1990 Farm Bill, found that the health of forests in urban areas and communities is on the decline. These forests, trees, and open spaces improve the quality of life for residents, enhance economic value of property and are more effective than rural trees at reducing the buildup of carbon dioxide due to the added energy savings for urban residents. Congress defined the purpose of this program to include improving the understanding of the benefits of preserving existing tree cover; encourage property owners to maintain trees and expand forest cover; provide educational and technical assistance t local organizations in maintaining and expanding forest cover; provide competitive matching grants to local units of govemment and other approved organizations for urban forestry projects; implement a tree plating program; promote the establishment of demonstration projects to illustrate the benefits of forest cover; and enhance technical skills of individuals involved in establishing or maintaining urban forest. RESOLUTION AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO ACCEPT A GRANT FROM THE TEXAS FOREST SERVICE IN THE AMOUNT OF $29,428 FOR A PROFESSIONAL FORESTER POSITION, WITH $29,428 MATCH FROM THE NO. 1020 GENERAL FUND BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or designee, is authorized to accept a grant from the Texas Forest Service in the amount of $29,428 for a professional forester position, with $29,428 match from the No. 1020 General Fund. SECTION 2. The City Manager, or designee, may accept, reject, agree to alter the terms and conditions, or terminate the grant, if the grant is awarded to the City. SECTION 3. In the event of the loss or misuse of these funds, the City of Corpus Christi assures that the funds will be returned to the State of Texas, Office of the Governor. Criminal Justice Division, in full. ATTEST. THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: September 28, 2005 ..vim Lisa Aguilar Assistant Cify Attorney For City Attorney Henry Garrett Mayor Corpus Christi, Texas day of , 2005 The above resolution was passed by the following vote: Henry Garrett Brent Chesney Melody Cooper Jerry Garcia Bill Kelly Rex A. Kinnison John E Marez Jesse Noyola Mark Scott H:LEG-DIR\elizabetMDept Files\EH Resolutions\EHres155.doc ORDINANCE APPROPRIATING $29,428 GRANT FROM THE TEXAS FOREST SERVICE IN THE NO. 1067 PARK AND RECREATION GRANTS FUND TO FUND A FULL-TIME URBAN FORESTER POSITION FOR THE GRANT PERIOD OCTOBER 1, 2005 TO SEPTEMBER 30, 2006; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That a grant of $29,271,525 from the Corporation for National and Community Service is appropriated in the No. 1067 Park and Recreation Grants Fund to fund a full-time urban forester position for the grant period October 1, 2005 to September 30, 2006. 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 , 2005 ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Henry Garrett City Secretary Mayor APPROVED: September 28, 2005 Lisa Aguilar Assistant City A orney for City Attorney ;orpus Christi, Texas Day of 2005 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, Henry Garrett, Mayor City of Corpus Christi Council Members The above ordinance was passed by the following vote: Henry Garrett Brent Chesney Melody Cooper Jerry Garcia Bill Kelly Rex Kinnison John E. Marez Jesse Noyola Mark Scott 13 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: October 11, 2005 AGENDA ITEM: A Motion to accept a grant from the Texas Health and Human Services Commission in the amount of $206,451 from the Child and Adult Care Food Program (CACFP) to provide after school supplements (snacks) to youth enrolled in after school enrichment programs for FY 2005-2006. B Ordinance appropriating a grant in the amount of $206,451 from the Texas Health and Human Services Commission in the No. 1067 Park and Recreation Grants Funds to provide after school snacks for youth enrolled in approved after school enrichment programs for FY 2005-2006; and declaring an emergency C Resolution authorizing the City Manager, or his designee, to execute Interlocal Cooperation Agreement with Corpus Christi Independent School District to provide after school snacks for youth enrolled in approved after school enrichment programs for FY 2005-2006. ISSUE: In order to provide after school supplements (snacks) for the after school enrichment programs at the Latchkey sites, the City Council must accept and appropriate the grant from Texas Health and Human Services Commission for the Child and Adult Care Food Program (CACFP) and execute an Interlocal Cooperation Agreement with CCISD for the preparation and delivery of snacks to the sites approved by the Child and Adult Care Food Program. This program requires no city matching funds for qualifying sites REQUIRED COUNCIL ACTION: Action is required to appropriate grant funds and authorize the City Manager, or his designee, to execute all related contracts and documents for the FY 05-06 Child and Adult Care Food Program for youth enrolled in after school enrichment programs. PREVIOUS COUNCIL ACTION: The City Council has for eleven (11) years approved a similar youth nutrition grant related to the Summer Recreation Programs. In addition, the City Council has also approved the Child and Adult Care Food Program grant for the past three school years. FUNDING: U.S Department of Agriculture and Texas Health and Human Services Commission grant funds. CONCLUSION AND RECOMMENDATION: Staff recommends that the City Council appropriate the Child and Adult Care Food Program grant with U.S. Department of Agriculture and Texas Health and Human Services Commission and approve the Interlocal Cooperation Agreement with Corpus Christi independent School District (CCISD). Sally Gavli Parks an Attachments: Background Information EI Contract Summary O Ordinance/Resolution ❑x , Director ecreation epartment r Irlrrr?f !Nr, !*!rnrnn^TION BACKGROUND: The U.S. Department of Agriculture (USDA) through the Texas Health and Human Services Commission provides grants for youth nutrition as a continuation of the National School Lunch Program. This program is called the Child and Adult Care Food Program (CACFP) for after school educational and/or enrichment activities. In order to qualify for this program, a site must: a) Provide youth with regularly scheduled activities in an organized, structured and supervised environment b) Include educational and/or enrichment activities as part of the programming c) Site must be located in an area served by a school where 50% or more of the youth enrolled are eligible for free or reduced price school meals The Parks and Recreation Department has a total of 23 Latchkey sites (Agenda Item A). Sites to be served are: Casa Linda Elementary, Fannin Elementary, Houston Elementary, Meadowbrook Elementary, Menger Elementary, Carroll Lane Elementary, Central Park Elementary, Galvan Elementary, Kostoryz Elementary, Moore Elementary, Sanders Elementary, Smith Elementary, Yeager Elementary, Calk Elementary, Chula Vista Elementary , Crocket Elementary, Los Encinos Elementary, Montclair Elementary, Oak Park Elementary, Schanen Elementary, Wilson Elementary, Prescott Elementary and Woodlawn Elementary. There are 6 sites that do not qualify for this program based on enrollment of youth eligible for free and reduced school meals. These sites are Barnes Elementary, Dawson Elementary, Mireles Elementary, Jones Elementary, Windsor Park Elementary and Club Estates Elementary. Over the past few years, the City and CCISD have entered into local interagency agreements for the preparation and delivery of meals to the sites with the Summer Food Service Program. The City again proposes to enter into a contract with CCISD to prepare and deliver snacks at a rate of $.55 per snack for the school year beginning October 1. 2005 -May 25, 2006. CCISD will also maintain and provide menu preparation records. The snack consists of fruit/vegetable, milk/juice and dessert. It is estimated that approximately 2,755 youth per day will be served after school snacks. At each site, city staff will verify daily snack counts and distribute snacks to youth. Total program costs are to be provided by the State's reimbursement. No City funds will be utilized for this program to qualifying sites, but an ordinance is necessary to appropriate the grant of $206,451 in order to implement the program. CCISD has approved the Interlocal Cooperation Agreement. INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT FOR THE AFTER SCHOOL SNACK CHILD AND ADULT CARE FOOD PROGRAM This Interlocal Cooperation Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home rule municipal corporation ("City"), acting through its duly authorized City Manager ("City Manager") or the City Manager's designee, and the Corpus Christi Independent School District ("District"), acting through its duly authorized Superintendent or the Superintendent's designee, for pur- poses of the Texas Intergovemmental Cooperation Act, Government Code, Chapter 791, as amended, to achieve efficiency in meeting intergovernmental responsibilities. WHEREAS, the City is sponsoring the Child and Adult Care Food Program, a federally -funded and state -administered program to provide after school snacks to school-age children at approved after school program sites, from October 1, 2005, through May 31, 2006; and, WHEREAS, the District agrees to provide unitized snack -sized meals, inclusive of milk or juice, to City for a fixed fee. NOW, THEREFORE, the City and District, in consideration of the mutual covenants contained herein, agree as follows: Section 1. Term. This Agreement begins October 1, 2005, and continues through May 31, 2006. Section 2. Consideration. The City shall pay the District $.55 per snack -sized meal ("Snack" or "Snacks") provided to City by the District. The District will maintain its food service operation at its facility, which will be utilized for the preparation and packaging of the Snacks, during the term of this Agreement. Section 3. Nutrition Assurances. The District shall ensure that each Snack will meet the minimum nutrition value and content requirements currently mandated and as may be hereafter promulgated by the Texas Department of State Health Services for supplemental food components, in accordance with the Child and Adult Care Food Program - Child Care Center Regulations, which are incorporated in this Agreement by reference as if fully set out herein. LEG-DIR\OlgaR\Doyle)Park8Rec105.0830DC.CCISD.CACFP.Snack.Agmt.FY05-06.doc Page 1 of 4 Section 4. Record Keeping. A) District must maintain full and accurate records which must include the following: (1) Menu Records, which will include the amount of food prepared and which comply with the requirements described in the Child and Adult Care Food Program - Child Care Center Regulations that are incorporated in this Agreement by reference; and (2) Snack Records, which will include the daily number of Snacks delivered by type and which comply with the requirements described in the Child and Adult Care Food Program - Child Care Center Regulations that are incorporated in this Agreement by reference. B) District must provide monthly reports of Menu Records and Snack Records to the City's Park and Recreation Director of Programs, or designee, within ten (10) business days following the end of the preceding month in which Snacks were provided to City. (C) District must make all records and accounts pertaining to the Child and Adult Care Food Program available to representatives of the U.S. Department of Agriculture, the U.S. General Accounting Office, or the Texas Department of State Health Services for audit and administrative review at a reasonable time and place. (D) District must retain the Menu Records and Snack Records for three (3) years plus ninety (90) days following the termination of this Agreement, or so long as an audit of the Menu Records, Snack Records, or both, is in progress. Section 5. Program Coordination. The City's Park and Recreation Director of Programs, or the Director of Programs' designee, shall place a daily order with the District's Food Service Director, or the Food Service Director's designee, and must specify the number of Snacks needed by type, the sites at which the Snacks are needed, and the time by which the Snacks must arrive at each site. Section 6. Food Service Employees. The District's food service employees shall be responsible for transporting and delivering the Snacks to each site. The District's food service employees will continue to be District employees for the term of this Agreement and are, therefore, subject to the District's policies and regulations. The City's officers, employees, representatives, and agents shall not exercise any control nor supervision over District's food service employees at any time during the term of this Agreement. Section 7. Payment. The District shall invoice the City on a monthly basis for all Snacks provided to the City by District. The City must pay the invoice within two Fridays after receipt of same. H:\LEG-DIR\OIgaR\Doyle\Park&Rec\05.0830DC.CCISD.CACFP.Snack Agmt.FY05-06.doc Page 2 of 4 Section 8. Current Revenue. All money spent for the Child and Adult Care Food Program must be spent out of currently available revenue of the City and District. Section 9. Governmental Service. This Agreement is between the City and the District for the purpose of providing snacks at City -sponsored after school program sites and is not for the benefit of any third party or individual. Section 10. Non -Assignment. Neither this Agreement, nor any interest therein, is assignable or transferable, in whole or in part, directly or indirectly, without the prior consent of the City and the District; however, this Agreement is binding upon the parties to this Agreement and their respective heirs, successors, and assigns. Section 11. Laws. Both the City and District shall comply with all applicable Federal, State, County, and local laws, ordinances, rules, and regulations pertaining to this Agreement and each party's respective performance thereunder. Section 12. Modifications. No changes or modifications to this Agreement may be made, nor any provision waived, unless made in writing and signed by persons authorized to sign agreements on behalf of each party. Section 13. Severance Clause. If for any reason any section, paragraph, subdivision, clause, provision, phrase, or word of this Agreement is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it does not effect any other section, paragraph, subdivision, clause, provision, phrase, or word of this Agreement, for it is the definite intent of this Agreement that every section, paragraph, subdivision, clause, provision, phrase, or word hereof be given full force and effect for its purpose. Section 14. Entirety Clause. This Agreement and any documents incorporated by reference constitute the entire agreement between the City and District. All other agreements, promises, and representations, unless contained in this Agreement, are expressly revoked as the parties intend to provide for a complete understanding, within the provisions of this Agreement and its incorporated documents, of the terms, conditions, promises, and covenants relating to each party's agreed performance. HALEG-DIR101gaR1Doyle\Park&Rec105.0830DC.CCISD.CACFP.Snack.Agmt.FY05-06.doc Page 3 of 4 EXECUTED IN DUPLICATE, each of which shall be considered an original, on ti c udy of , zuub. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa, City Secretary George K. Noe, City Manager, or the City Manager's designee APPROVED AS TO LEGAL FORM this i day of 5,7:4".6er , 2005. Doyle D. Curtis Chief, Administrative Law Section Senior Assistant City Attomey For City Attorney ATTEST: CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT By: By: Name: Na Title: Titl Date: Date: Jesus H. Chavez, Ph. D. Superinten nt of CCISD APPROVED AS TO LEGAL FORM this/ Sf day of By 4„..a 7l/ c Imelda Martine In -House Counsel Corpus Christi ISD H:\LEG-D I R\Ol g a R\Doyl e\Pa rk & R ec\05.083 o D C . CC I S D. CALF P. Sn a ck.Ag mt. F Y05-06. d o c , 2005. Page 4 of 4 ORDINANCE APPROPRIATING A GRANT IN THE AMOUNT OF $206,451 FROM THE TEXAS HEALTH AND HUMAN SERVICES COMMISSION IN THE NO. 1067 PARK AND RECREATION GRANTS FUND TO PROVIDE AFTER SCHOOL SNACKS FOR YOUTH ENROLLED IN APPROVED AFTER SCHOOL ENRICHMENT PROGRAMS FOR FY 2005-2006; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That a grant of $206,451 from the Texas Health and Human Services Commission is appropriated in the No. 1067 Park and Recreation Grants Fund to provide after school snacks for youth enrolled in approved after school enrichment programs for FY 2005-2006. 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 , 2005. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: September 28, 2005 Lisa Aguilar Assistant City Attorney for City Attorney Henry Garrett Mayor Corpus Christi, Texas Day of 2005 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, Henry Garrett, Mayor City of Corpus Christi Council Members The above ordinance was passed by the following vote: Henry Garrett Brent Chesney Melody Cooper Jerry Garcia Bill Kelly Rex Kinnison John E. Marez Jesse Noyola Mark Scott RESOLUTION AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE AN INTERLOCAL COOPERATION AGREEMENT WITH CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT TO PROVIDE AFTER SCHOOL SNACKS FOR YOUTH IN APPROVED AFTER SCHOOL ENRICHMENT PROGRAMS FOR FY 2005-2006 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or designee, is authorized to execute an Interlocal Cooperation Agreement with the Corpus Christi Independent School District to provide after school snacks for youth in approved after school enrichment programs for FY 2005-2006. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: September 28, 2005 ck Lisa Aguilar Assistant City`Attorney For City Attorney Henry Garrett Mayor Corpus Christi, Texas day of , 2005 The above resolution was passed by the following vote: Henry Garrett Brent Chesney Melody Cooper Jerry Garcia Bill Kelly Rex A. Kinnison John E. Marez Jesse Noyola Mark Scott H 1LEG-DIRlelizabeth\Dept Files\EH Resolutions\EHres155.doc 14 AGENDA MEMORANDUM DATE: October 11, 2005 SUBJECT: ACCEPTING AND APPROPRIATING A $16,160 GRANT FROM THE TEXAS STATE LIBRARY AND ARCHIVES COMMISSION AGENDA ITEMS: a Resolution authorizing the City Manager or his designee to accept a grant in the amount of $16,160 and to execute a contract and all related documents with the Texas State Library and Archives Commission for the Lone Star Libraries Grant to be used for the preservation and cataloging of local history materials. b? Ordinance appropriating a grant of $16,160 from the Texas State Library and Archives Commission in the No.1068 Library Grants Fund for the preservation and cataloging of local history materials; and declaring an emergency. ISSUE: The state has made available $16,160 to the library as part of its Lone Star Libraries Grant program. The library will use these funds to preserve and catalog valuable local history materials collected over the past several decades. The library owns over 50,000 individual items of historical significance, including family papers, documents, maps, photographs, newspapers, and other ephemera. About half of the 50,000 items has been added to a database which will be accessible via the library's website next year. Hie Local History collections continue to expand as a result of the attention and emphasis placed Jnr acquisition and preservation. The library has been the recipient of several donations, including: an 1845 duty roster signed by Zachary Taylor during the Corpus Christi 1845-46 encampment, purchased for the library by Amanda and Ken Kellar; an original 9 x 1.5 ft. panoramic view of the bayfront (ca. 1915), donated by Mr. and Mrs. G. E. Meisenheimer; an original portrait of Charles Lovenskiold, a mid -19`h century Corpus Christi alderman, donated by Dr and Mrs. James R. Dinn; and various other maps and prints. The library has also been the recipient of National Endowment of the Humanities grants totaling $10,000 to support preservation of local history materials and is seeking other private funds to support the expansion >f the Inez Sterling Adams South Texas Historical Gallery where local history material will be exhibited. These Lone Star Grant funds will be used to hire part-time temporary employees, mainly students at Texas A&M University -Corpus Christi. REQUIRED COUNCIL ACTION: Appropriation of funds require City Council approval. RECOMMENDATION: Staff recommends acceptance of grant and appropriation of funds. Herb Canales Director of Libraries RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ACCEPT A GRANT IN THE AMOUNT OF $16,160 AND TO EXECUTE A CONTRACT AND ALL RELATED DOCUMENTS WITH THE TEXAS STATE LIBRARY AND ARCHIVES COMMISSION FOR THE LONE STAR LIBRARIES GRANT TO BE USED FOR THE PRESERVATION AND CATALOGING OF LOCAL HISTORY MATERIALS. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or his designee is authorized to accept a grant in the amount of $16,160 and to execute a contract and all related documents with the Texas State Library and Archives Commission for the Lone Star Libraries Grant to be used for the preservation and cataloging of local history materials. ATTEST: Armando Chapa City Secretary AP ROVED: 11th ay of October, 2005. VeronicOcanas Ass stant City Attorney 101105 lone star grant resolution.doc THE CITY OF CORPUS CHRISTI Henry Garrett Mayor Corpus Christi, Texas day of , 2005 The above resolution was passed by the following vote: Henry Garrett Brent Chesney Melody Cooper Jerry Garcia Bill Kelly Rex A. Kinnison John E. Marez Jesse Noyola Mark Scott H:\LEG-DIR\elizabeth\Dept Files\EH Resolutions\EHres155.doc ORDINANCE APPROPRIATING A GRANT OF $16,160 FROM THE TEXAS STATE LIBRARY AND ARCHIVES COMMISSION IN THE NO. 1068 LIBRARY GRANTS FUND FOR THE PRESERVATION AND CATALOGING OF LOCAL HISTORY MATERIALS; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That a grant of $16,160 from the Texas State Library and Archives Commission is appropriated in the No. 1068 Libraries Grant Fund for the preservation and cataloging of local history materials. 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 11th day of October, 2005. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPOVED: This 11th day of October, 2005: POIA.LA- L Veronica\Ocanas Assistant City Attorney for City Attorney 101105 App Ordinance.doc Henry Garrett Mayor Corpus Christi. Texas Day of 2005 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, Henry Garrett, Mayor City of Corpus Christi Council Members The above ordinance was passed by the following vote: Henry Garrett Brent Chesney Melody Cooper Jerry Garcia Bill Kelly Rex Kinnison John E. Marez Jesse Noyola Mark Scott TEXAS STATE LIBRARY & ARCHIVES COMMISSION 1 ()AN STAR 1 IPPARIFS GRANT Grant hype C - »itder S20,000 Grant Number: 442-06108 I. CONTRACTING PARTIES Grantor: Texas State Library and Archives Comrnission (TSLAC) Grantee: City of Corpus Christi, Corpus Christi Public Libraries 805 Comanche St Corpus Christi, Texas 78401 1I. TERM OF GRANT September 1, 2005, to August 31, 2006 III. STATEMENT OF SERVICES TO BE PERFORMED Grant -funded activities shall provide services as outlined in the approved Plan of Action. The Grantee will comply during the period of this contract and provide services as outlined within the approved grant application (Loan Star Libraries Grant for State FY06) as approved by the Grantor. The approved grant application submitted by Grantee becomes part of this contract by this reference. The Grantee acknowledges that the intent of the grant is to provide funds to maintain, improve, and enhance local library services, and to provide Texans who are not residents of a particular community access to and services from the many participating public libraries in Texas. R . GRANT AMOUNTS AND DISBURSEMENT REQUIREMENTS A. Fhe total amount of the grant shall not exceed: $16,160 B. Source of funds: General Revenue, State Fiscal Year 2006 C. Payment for this grant will be funded in full upon delivery to Grantor a legally executed contract. Grantee should receive payment within 20 working days after the Grantor has received the executed contract, provided all requirements for proceeding contracts have been fulfilled. D. The Grantee may not obligate or encumber grant funds after August 31, 2006. All obligations and encumbrances must be liquidated or paid no later than October 15, 2006. L. Interest earned in excess of $100 must be returned to Grantor, per requirements in the State of Texas Uniform Grant Management Standards (UGMS). All unexpended funds in excess of $25.00 must also be returned to Grantor with the Final Financial Status Report (FSR). See Section VII. B. of this contract for FSR due dates. F 1' he Grantee will add any program income to the funds committed to the grant, using such program income for the purposes and under the conditions of the grant. The source and amount of the program income must be explained in Section 9 of the TSLAC FSR. of 'orpus Christi Loan Star l.ibrarws grant Contract C -Under $20,000 of 9 Cr Per the approved grant application, funds are authorized according to the following budget: Personnel Fringe Benefit travel Equipment/Property Supplies Contractual Other total Direct Costs indirect Costs total $16,160 $16,160 $16,160 WRITTEN REQUEST FOR FISCAL AND PROGRAMMATIC CHANGES The Grantee must request written prior approval for fiscal and/or programmatic changes as outlined in this Section. Grantee must submit request for program and/or fiscal changes on the Loan Star Libraries Grant Program Revision Form. Under no condition may a Grantee request to exceed the total grant amount. Grantor must receive all change requests no later than July 31, 2006. Requests received after this date will be considered on a case-by-case basis. Grantee must receive written approval from Grantor before obligating or expending grant funds under any of the following conditions. A. Fiscal changes must have an approved Budget Revision under the following conditions: l . Making cumulative transfers among budget cost categories or projects which are expected to exceed ten (10) percent of the total grant; and/or, 2. Transferring any funds into a budget cost category that currently equals zero ($0). B. Programmatic changes to Loan Star Libraries Grant Plan of Action for State FY06 must have an approved Program Revision under the following conditions: I . Obtaining the services of a third party to perform activities that are central to the purposes of the grant; and/or, Z. Changing the scope or objectives of the approved program, regardless of whether there is an associated Budget Revision. A change 111 scope is a substantive difference in the approach or method used to reach program objectives. VI. EQUIPMENT AND PROPERTY REQUIREMENTS A. All changes to items listed in the Equipment/Property category specified in Section N.G. of this contract require written prior approval. This category includes equipment, furniture, library materials, etc., purchased wholly or in part with grant funds. The approved budget amount listed in Section IV.G. plus any subsequently approved Budget and/or Program Revisions, will be the total approved equipment expenditure amount. This is defined as the cost of the equipment and/or property, including any cost necessary to put the ;tem into service, such as the cost of any modifications, attachments, accessories, or auxiliary apparatus necessary to make the item usable for the purpose for which it is acquired. Ancillary charges, such as taxes, duty, protective in -transit insurance, freight, and installation may be included in, or excluded from the expenditure cost in accordance with the Grantee's regular accounting practices and Generally Accepted accounting Practices (GAAP). B 11re Grantee will comply with UGMS Part III, Subpart C, Sec. 32 (d)(3) which requires certain items of equipment to be maintained on inventory if the item's cost is above $500. The Grantee agrees to submit the TSLAC Equipment/Property Acquired Form with the Final FSR, no later 'Ilan November 15. 2006, for all equipment/property purchased with grant funds during the FY06 grant Y(16 i Sits of ('orpus Christi Loan Star i.dirar,rs (,ant Contract C -Under $20,000 year. This list must balance with the equipment/property purchased under the approved grant application and all subsequently approved Budget andlor Program Revisions. C) Grantee must furnish a statement to Grantor certifying the governing entity's capitalization level with the approved grant application. Grantee agrees to maintain records on all equipment/property with an acquisition cost above governing entity's capitalization level E Subject to the obligations and conditions set forth in the UGMS Part III, Subpart C, Sec. 32, title to equipment acquired under a grant will vest in the Grantee upon acquisition. Grantee must include any equipment/property acquired with grant funds in the required bi-annual property inventory, and follow the 1 ]GMS Pari III, Subpart C, Sec. 32 (d) that requires the Grantee to reconcile the equipment/property records with a physical inventory of the equipment/property every two years. This bi-annual inventory does not need to be submitted to Grantor, but must be maintained by the grantee and will be subject to review by Grantor. When property is vested in the Grantee, Grantee will dispose of equipment/property in accordance with the UGMS Part III, Subpart C, Sec. 32 (e). When the Grantee has been given federally- or state-owned equipment/property, Grantee will follow the UGMS Part III, Subpart C, Sec. 32 (f). VII. REPORTING REQUIREMENTS The State Legislature has charged Grantor with submitting performance measurement reports that specify the level of services provided by its programs and services. In accepting the grant funds, the Grantee acknowledges responsibility for performing certain services on behalf of Grantor, as outlined in the approved Plan of Action. Therefore, the Grantee is responsible for submitting periodic reports that reflect the Grantee's level of performance on these services to Grantor. To comply with these requirements, the Grantee agrees to submit reports that are timely, accurate, auditable, and consistent with definitions. A_ The Grantee agrees to submit the Loan Star Libraries Performance Report to Grantor no later than the due dates listed in the following schedule. If library materials ordered with grant funds are received by Grantee after the end of the grant year, a revised final Loan Star Libraries Performance Report may be required covering receipt of those materials. This revised final performance report will be due no later than November 15, 2006. Reporting Period Due Date September 1, 2005 - February 28, 2006 March 1. 2006 - August 31, 2006 March 7, 2006 September 7, 2006 B. The Grantee agrees to submit the TSLAC FSR form for the grant funded under this contract no later than the due dates listed in the following schedule, so long as all grant funds have not been expended. Grantee should submit a Final FSR once all grant funds have been expended and all program requirements are accomplished. Grantee should mark the last required FSR as "Final" and not submit any subsequent FSR forms. Reporting Period Due Date September 1, 2005 - February 28, 2006 March I, 2006 - August 31, 2006 March 30, 2005 September 30, 2006 If necessary, a revised Final FSR must be submitted no later than November 15, 2006. The Grantee will send the Grantor a copy of all management letters issued by an auditor with the reporting package, UGMS Part IV, Subpart C, Sec. 320 (b), within 30 days of the audit. The audit's Schedule of Expenditures of Federal and State Awards must list the amount of TSLAC awards expended for each award year separately. -YO,'", City of Corpus Ch,-isr/ Loan Stagy Libraries Grant Contract C -Under $20,000 d 01 9 VIII. GENERAL. TERMS AND CONDITIONS 4 The Grantee will comply with the Loan Star Library Grant Program Guidelines for SFY 2006. B. The Grantee will comply with the Loan Star Libraries Administrative Rules for State Fiscal Year 2006, Texas Administrative Code, Chapter 2.160 - 2.165. Loan Star Libraries Adminstrative Rule 2.165(c) states, "If a library has certified that it provides service to non-residents without charge or it has elected to participate in the TexShare card program, the library must maintain these services for the duration of the contract that it received." 'Chis means the library shall provide the same library services and may impose the same restrictions on non-resident customers as it does for those customers who live locally. Texas Government Code, Section 441.138(c) states, "State aid to a free tax -supported public library is a supplement to and not a replacement of local support." C' The Grantee will comply with the following parts of the Govemor's Office of Budget and Planning, UGMS revised June 2004, located at: http://www.2overnorstate. tx. us/divisions/stategrants/guidelines/files/UGMS062004.doc. Part I. Cost Principles for State and Local Governments and Other Affected Entities (Adapted from OMB Circular A-87) Part 17. State Uniform Administrative Requirements for Grants and Cooperative Agreements (Adapted from OMB Circulars A-102 and A-122) Part III. State of Texas Single Audit Circular (Adapted from OMB Circular A-133) D_ All publicity relating to the grant award must include acknowledgement of the Texas State Library and Archives Conunission whenever possible and practical. Publicity includes, but is not limited to press releases, media events, public events, displays in the benefiting library, announcements on the Grantee's website, and materials distributed through the grant project. The Grantee will provide Grantor with one set of all public relations materials produced under this grant with the Final FSR. E Grantee understands that acceptance of funds under this contract acts as acceptance of the authority of the State Auditor's Office, or any successor agency, to conduct an audit or investigation in connection with those funds. Grantee further agrees to cooperate fully with the State Auditor's Office or its successor in the conduct of the audit or investigation, including providing access to any information the state auditor considers relevant to the investigation or audit. Grantee will ensure that this clause concerning the authority to audit funds received indirectly by Sub -grantees through Grantee, and the requirement to cooperate, is included in any sub -grant awarded. F The Grantee agrees to maintain all financial and programmatic records, supporting documents, statistical records, and other records relating to this grant award according to Part III, Subpart C, Sec. 42 of UGMS. In general, Grantees must maintain records for a minimum of three years from latter of the date the Grantee submits to Grantor the Final FSR or the last single audit or audit report for the grant period. IX. ENFORCEMENT A. Remedies for noncompliance. If a Grantee or Sub -grantee materially fails to comply with any term of an award, whether stated in a state statute or regulation, an assurance, in a state plan or application, a notice of award, or elsewhere, Grantor may take one or more of the following actions, or impose other sanctions, as appropriate in the circumstances: L . Temporarily withhold cash payments pending correction of the deficiency by the Grantee or Sub- grantee, or more severe enforcement action by Grantor; 2. Disallow (that is, deny both use of funds and matching credit for) all or part of the cost of the activity or action not in compliance; YO5 'ty of ('orpus Christ, Loan .Star / ihraries Grant Contract C -Under $20,000 4 01 Wholly or partly suspend or terminate the current award for the Grantee's or Sub -grantee's program; Withhold further awards for the program, or B. Hearings, appeals. In taking an enforcement action, Grantor will provide the Grantee or Sub -grantee an opportunity for such hearing, appeal, or other administrative proceeding to which the Grantee or Sub- grantee is entitled under any statute or regulation applicable to the action involved. C Effects of suspension and termination. Costs of Grantee or Sub -grantee resulting from obligations incurred by the Grantee or Sub -grantee during a suspension or after termination of an award are not allowable unless Grantor expressly authorizes them in the notice of suspension or termination, or subsequently. Other Grantee or Sub -grantee costs during suspension or after termination which are necessary, and not reasonably avoidable, are allowable if: 1. The costs resulting from obligations which were properly incurred by the Grantee or Sub -grantee before the effective date of suspension or termination are not in anticipation of it and, in the case of a termination, are non -cancelable; and, 2. The costs would be allowable if the award were not suspended, or expired normally at the end of the funding period in which the termination takes effect. D Relationship to Debarment and Suspension. The enforcement remedies identified in this section, including suspension and termination, do not preclude Grantee or Sub -grantee from being subject to "Debarment and Suspension" under Executive Order 12549 (see UGMS Part III, Subpart C, Sec. 35) and state law X. CONTACTS AT TSLAC Questions or concems about programmatic issues, budget and or program revisions and performance reports should be directed to this grant's Project Manager: Loan Star Libraries Grant Coordinator Phone: 512-463-5475 Fax: 512-463-8800 E-mail: wclark@tsl.state.tx.us Questions or concerns about regulatory or financial issues should be directed to: Manager, Accounting and Grants Department Phone: 512-463-6626 Fax: 512-475-0185 E-mail: mmartinna,tsl.state.tx.us Documentation relating to required Requests for Funds, Financial Status Reports, and Equipment/Property Acquired Report should be directed to: Grants Accountant Phone: 512-463-5472 Fax: 512-475-0185 E-mail: grants.accounting(aitsl.state.tx.us Payments from Grantee to Grantor, such as those for excess advanced funds or for interest earned on advanced funds, should be mailed with a revised FSR, an explanation of the purpose of the payment, and the grant number. This information shall be directed to: 1 YO( City of Corpus Christi Loan Star Libraries Gran Contract C -Under $20,000 of 0 Grants Accountant Accounting and Grants Department Texas State Library and Archives Commission PO Box 12516 Austin, TX 78711-2516 XI. APPLICABLE AND GOVERNING LAW A The laws of the State of Texas shall govern this grant. All duties of either party shall be legally performable in Texas. The applicable law for any legal disputes arising out of this contract shall be the law of (and all actions hereunder shall be brought in) the State of Texas, and the forum and venue for such disputes shall be Travis County, District Court. B. This grant is subject to availability of funds. XII. GRANT CERTIFICATIONS A. Grantor certifies that: (1) the services specified in the approved grant application and this contract are necessary and essential for activities that are properly within the statutory functions and programs of the affected organizations; (2) the services, supplies or materials contracted for are not required by Section 21 of Article 16 of the Constitution of Texas to be supplied under contract given to the lowest bidder; and, (3) the grant is in compliance with Texas Government Code § 441.006, Texas Administrative Code Title XIII, §§1.91 - 1.97, Texas Government Code § 441.135 Grants (Systems Act), P.L. 104-208, the Library Services and Technology Act (LSTA), the State Plan for the LSTA in Texas and UGMS. B. The Grantee affirms that it has not given, offered to give, nor intends to give at any time hereafter, any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor or service to a public servant in connection with this contract. The Grantee further affirms that its employees or agents shall neither solicit nor accept gratuities, favors or anything of monetary value from contractors, potential contractors, or parties to any sub -agreements. The Grantee certifies by this contract that no Federal appropriated funds have been paid or will be paid, by or on behalf of the Grantee, 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 the making of any Federal grant, the entering into of any cooperative agreement. and the extension, continuation, renewal, amendment, or modification of any Federal grant or cooperative agreement. If any funds other than Federal appropriated funds have been paid or will be paid for such purpose, the Grantee shall complete and submit OMB form SF -LLL, Disclosure of Lobbying Activities, in accordance with its instructions. The Grantee shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subgrants, contracts under grants and cooperative agreements, and subcontracts) and that all subrecipients shall certify and disclose accordingly, as specified in Title 31 U.S. Code, Sec. 1352. D The Grantee certifies all applicable activities related to this grant will be in compliance with the Copyright Law of the United States (Title 17, U.S. Code). E. In addition to federal requirements, state law requires a number of assurances from applicants for federal pass-through or other state -appropriated funds. (UGMS Part III, Subpart B, Sec. 14 - State Assurances) (1) A subgrantee must comply with Texas Government Code, Chapter 573, Vernon's 1994, by ensuring that no officer, employee, or member of the applicant's governing body or of the applicant's contractor shall vote or confirm the employment of any person related within the second degree of affinity or the third degree of consanguinity to any member of the governing body ('6 its, of Corpus Christ, Loan Star I thrar,es Grant Contract C -Under $20,000 6 !;i or to any other officer or employee authorized to employ or supervise such person. This prohibition shall not prohibit the employment of a person who shall have been continuously employed for a oft t°rito.1 stipulated by local law, prior to the election or appointment of the office', employee, or governing body member related to such person in the prohibited degree. (2) A subgrantee must insure that all information collected, assembled or maintained by the applicant relative to a project will be available to the public during normal business hours in compliance with Texas Government ('ode, Chapter 552, Vernon's 1994, unless otherwise expressly prohibited by law. (3) A subgrantee must comply with Texas Government Code, Chapter 551, Vernon's 1994, which requires all regular, special or called meeting of governmental bodies to be open to the public, except as otherwise provided by law or specifically permitted in the Texas Constitution. (4) A subgrantee must comply with Section 231.006, Texas Family Code, which prohibits payments to a person who is in arrears on child support payments. (5) No health and human services agency or public safety or law enforcement agency may contract with or issue a license, certificate or permit to the owner, operator or administrator of a facility if the license, permit or certificate has been revoked by another health and human services agency or public safety or law enforcement agency. (6) A subgrantee that is a law enforcement agency regulated by Texas Government Code, Chapter 415, must be in compliance with all rules adopted by the Texas Commission on Law Enforcement Officer Standards and Education pursuant to Chapter 415, Texas Government Code or must provide the grantor agency with a certification from the Texas Commission on Law Enforcement Officer Standards and Education that the agency is in the process of achieving compliance with such rules. (7) When incorporated into a grant award or contract, standard assurances contained in the application package become terms or conditions for receipt of grant funds. Administering state agencies and local subrecipients shall maintain an appropriate contract administration system to insure that all terms, conditions. and specifications are met. (See UGMS Part III, Subpart C, Sec. 36 for additional guidance on contract provisions.) (8) A subgrantee must comply with the Texas Family Code, Section 261.101 which requires reporting of all suspected cases of child abuse to local law enforcement authorities and to the Texas Department of Child Protective and Regulatory Services. Subgrantees shall also ensure that all program personnel are properly trained and aware of this requirement. (9) Subgrantees will comply with all federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§ 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended 29 1 .S.(. § 794), which prohibits discrimination on the basis of handicaps and the Americans With Disabilities Act of 1990; (d) the Age Discrimination Act of 1974, as amended (42 U.S.C. §§ 6101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L, 91-616), as amended, relating to the nondiscrimination on the basis of alcohol abuse or alcoholism; (g) §§ 523 and 527 of the Public Health Service Act of 1912 (42 1 j.S.(' 290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug 0)' Citi' of Corpus (hri. o Loan .S'uo Libraries Frau Contract C -Under $10,000 (18) Subgrantees will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.0 469a-1 et seq.). (19) Subgrantees will comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended, 7 U.S.C. 2131 et seq.) pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by this award of assistance. (20) Subgrantees will comply with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. §§ 4801 et seq.) which prohibits the use of lead-based paint in construction or rehabilitation of residential structures (21) Subgrantees will comply with Public Law 103-277, also known as the Pro -Children Act of 1994 (Act), which prohibits smoking within any portion of any indoor facility used for the provision of services for children as defined by the Act. (22) Subgrantees will comply with all federal tax laws and are solely responsible for filing all required state and federal tax forms. (23) Subgrantees will comply with all applicable requirements of all other federal and state laws, executive orders, regulations and policies goveming this program. (24) The applicant must certify that they are not debarred or suspended or otherwise excluded from or ineligible for participation in federal assistance programs. (25) Subgrantees must adopt and implement applicable provisions of the model HIV/AIDS work place guidelines of the Texas Department of Health as required by the Texas Health and Safety Code, Ann., Sec. 85.001, et seq. SIGNATURES GRANTOR Texas State Library and Archives Commission Edward Seidenberg, Assistant State Librarian Date 1)onna Osborne, Chief Fiscal Officer Date Y06 (Stn of 'orpus Christi Loan Star Libraries Grant GRANTEE City of Corpus Christi, Corpus Christi Public Libraries Signature (Must be an official empowered to enter into contracts.) Typewritten or Printed Name Date Approved as to form: r\( tkAck ka(AA Veronica Ocanas Assistant City Attorney For City Attorney o/ 9 Contract C -Under $20,000 15 AGENDA MEMORANDUM Date: October 11, 2005 SUBJECT: Appointment of Lav Representative to the South Texas Library System AGENDA ITEMS: Resolution reappointing Treva Bedwell as Lay Representative to the South Texas Library tivstem for a term expiring August 31, 2007. ISSUE: The Texas State Library and Archives Commission designates and funds ten regional library systems each fiscal year. Corpus Christi Public Library has been the Major Resource Center for South Texas Library System (STLS) since 1971-72 and continues to be so designated in state fiscal year 2005-2006. The City is entitled to a la) representative on the STLS Advisory Council. The Council advises staff, member libraries and the Texas State Library on issues relating to the operation of the South Texas Library System. 1 reva Bedwell is chair of the City Council appointed Library Board and has served as Corpus Christi's lay representative for the past two years. Her term is expiring and she is seeking reappointment. RECOMMENDATION: Approval of Mrs. Treva Bedwell as Corpus Christi's lay representative to the South Texas 1.ibrary System. Herb Canales Director of Libraries RESOLUTION REAPPOINTING TREVA BEDWELL AS LAY REPRESENTATIVE TO THE SOUTH TEXAS LIBRARY SYSTEM FOR A TERM EXPIRING AUGUST 31, 2007. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That Treva Bedwell is reappointed as Lay Representative to the South Texas Library System for a term expiring August 31, 2007. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Henry Garrett City Secretary Mayor APPROVED: 7th day of October, 2005. Lisa Aguilar Assistant City Attorney for City Attorney 1011051ayRep Res.doc Corpus Christi, Texas day of , 2005 The above resolution was passed by the following vote: Henry Garrett Brent Chesney Melody Cooper Jerry Garcia Bill Kelly Rex A. Kinnison John E. Marez Jesse Noyola Mark Scott H'\LEG-DIRlelizabeth\Dept Files\EH Resolutions\EHres755.doc 16 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: October 11, 2005 AGENDA ITEM: A A Motion authorizing the City Manager or his designee to execute an amendment to the Professional Services Agreement with Dr. William Burgin, Jr., M.D., to allow for payment of an additional $25,000 in compensation to extend the provision of services. B. Appropriating $25,000 in the No. 1020 General Fund to compensate Dr. William Burgin, Jr., M.D., as provided under the terms of an amendment to the Professional Services Agreement, in order to extend the provision of services under the Agreement; and declaring an emergency. ISSUE: The Local Health Authority Professional Services Agreement should be amended to allow for payment of an additional $25,000 in compensation. REQUIRED COUNCIL ACTION: Council Action is required to amend the compensation agreement. PREVIOUS COUNCIL ACTION: On December 14, 2004, Council authorized the City Manager to appoint a local Health Authority and execute a Compensation Agreement. FUNDING: General Fund CONCLUSION AND RECOMMENDATION: Staff recommends that City Council amend the contract for professional services with Dr. William Burgin Jr., M.D. Margie C. ' ose Assistant City Manager Attachments: Documents and Settings\User\Desktop\lAgendaForm2005.doc AN ORDINANCE APPROPRIATING $25,000 IN THE NO. 1020 FUND TO COMPENSATE DR. WILLIAM BURGIN, JR., M.D., AS PROVIDED UNDER THE TERMS OF AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT, IN ORDER TO EXTEND THE PROVISION OF SERVICES UNDER THE AGREEMENT; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. An appropriation is to be made, in the amount of $25,000, in the No. 1020 Fund, to compensate Dr. William Burgin, Jr., M.D., as provided under the terms of the First Amendment to the Professional Services Agreement, in order to extend the provision of services under the agreement. 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 , 2005. ATTEST: Armando Chapa City Secretary APPROVED: October 5, 2005 /i./.1 _ ¢ab' R. Hundley Assis nt City Attorney for the City Attorney EHord177.doc CITY OF CORPUS CHRISTI Henry Garrett Mayor Corpus Christi, Texas day of , 2005 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, Council Members Henry Garrett Mayor The above ordinance was passed by the following vote: Henry Garrett Brent Chesney Melody Cooper Jerry Garcia Bill Kelly Rex A. Kinnison John E. Marez Jesse Noyola Mark Scott 17 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: October 11, 2005 AGENDA ITEM: Motion authorizing the City Manager or his designee to execute a twelve- month hardware maintenance agreement with the Texas Department of Information Resources of Austin, Texas based upon the State's cooperative purchasing agreement in the amount of $33,086.30. Included in the agreement is maintenance and replacement support for the Police Department's servers and operating system and interoperability software ISSUE: Hardware must be maintained to allow for continued operation of the Police Department's Records Management, Computer Aided Dispatching, Mobile Data, Automated Vehicle Locator and Video Imaging Systems and to ensure that it stays compatible with other systems. A maintenance agreement for September 1, 2004 through August 31, 2005, was established with the Texas Department of Information Resources for maintenance services of the hardware and operating system and interoperability software. Hewlett Packard will perform the services. REQUIRED COUNCIL ACTION: City Council approval is required for expenditures over $25,000 PREVIOUS COUNCIL ACTION: On July 11, 1995, City Council authorized this agreement for maintenance with the Texas Department of Information Resources with services to be provided by DEC at that time. FUNDING: Amount Budgeted Source of Funds $ 33.086.30 5210-40495-530230 CONCLUSION AND RECOMMENDATION: Staff recommends approval of the motion as presented. O •F; �CtieyF. Ogilvie F. Gericke, P.E. Director of MIS w P n li:,se-.I1.1e, CA 95747 FOR ASSISTANCE, CALL (800) 209-9620 (Customer Order No. Credit Memo NeWee Ntecord Compuy r 18 -FEBRUARY -2005 3000149226 HP Business DECORDERNo CreditNo. Agreement No. 05067201/3 039006305 DIR-BUSOP-178 Credlted To ,57 S:3.xrx . 0594166 CTTY OF CORPUS CHRISTI # ACCOUNTS PAYABLE PO BOX 92770 CORPUS CHRISTI TX 78469 Une Item Model Number Description Qty/ Hour Unit Price Net Amount CONTRACT ADMIN. UNIT: 7SS PURCHASE ORDER PERIOD 1 -SEP -2004 - 31 -AUG -2005 CREDIT PERIOD 1 -MAR -2005 - 31 -AUG -2005 0006. FS-IBMO1-R7 IBM 3164-110 1.00 4.00 0000 CREDIT: 1 -MAR -2005 -31 -AUG -2005 24.00 SERIAL: 88-10958 LOC: CORPUS CHRISTI TX 00u6. FS-IBM01-R7 IBM 3164-110 1.00 4.00 .1001 CREDIT: 1 -MAR -2005 -31 -AUG -2005 24.00 SERIAL: 88-11322 0006. FS-IBMO1-R7 IBM 3164-110 1.00 4.00 0002 CREDIT: 1 -MAR -2005 -31 -AUG -2005 24.00 SERIAL: 88-11811 00)6 FS-[BMO1-R7 IBM 3164-110 1.00 4.00 1203 CREDIT: 1 -MAR -2005 -31 -AUG -2005 24.00 SERIAL: 88-11820 0006- FS-[BM01-R7 IBM 3164-110 1.00 4.00 0304 CREDIT: 1 -MAR -2005 -31 -AUG -2005 24.00 SERIAL: 88-11837 0006. FS-IBM01-R7 IBM 3164-110 1.00 4.00 0005 CREDIT: 1 -MAR -2005 -31 -AUG -2005 24.00 SERIAL: 88-11844 HEW LETT-PACICnfD COMPAN' P.O BOX 932956 ATLANTA, GA 31193-2956 Export of these products requires prior written authorization from the U.S. Department of Commerce Original Copy PAGE 1 e. G' Foothills Blvd MSS518 Ruseai)16-, CA 95"147 FOR ASSISTANCE, CALL (800) 209-9620 (Customer Order No. Credit Memo Havolaa.PaokardComp.ny Credit Date 18 -FEBRUARY -2005 0001149226 HP Business DECKDRDERNo. (Credit No. Agreement No. 05067201D 039006305 DIR-BUSOP-178 Credited To 1,4 :66 1T3 OF CORPUS CHRISTI 8 ACCOUNTS PAYABLE 7.2 BOX 92 77 0 )R PIS CHRISTI TX 78469 Line Item Model Number Description Oty/ Hour Unit Price Net Amount 0006. FS-IBM01-R7 IBM 3164-110 1.00 4.00 D006 CREDIT: 1 -MAR -2005 -31 -AUG -2005 24.00 SERIAL: 88-11857 DBA Adjustment (8.40) Multi-year Adjustment - K (13.44) SVCE Competitive Allowance (72.24) ANNUAL DISCOUNT (2.94) SUBTOTAL 70.98 0029. QT-VTUA9-ZA DECSVR 300 VMS MPS 1.00 28.66 0002 CREDIT: 1 -MAR -2005 -31 -AUG -2005 171.96 LOC: CORPUS CHRISTI TX 0029. QT-03KA9-ZA DECsvr 500 MUL MPS 1.00 143.29 0006 CREDIT: 1 -MAR -2005 -31 -AUG -2005 859.74 DBA Adjustment (51.59) Multi-year Adjustment - K (82.54) ANNUAL DISCOUNT (35.90) SUBTOTAL 861.67 0039. FS-CPQ05-AF COMPAQ PROLIANT ML350 1.00 92.95 0001. CREDIT: 1 -MAR -2005 -31 -AUG -2005 557.70 LOC: CORPUS CHRISTI TX DO7CQH3K802 0039. WA RCALL-AA RECOVER -ALL SERVICE 1.00 11.00 HEWLETT-PACKARD COMPANY P 0 BOX 932956 APLANTA, GA 31193-2956 Export of these products requires prior written authorization from the U.S. Department of Commerce Original Copy PAGE 2 77-1.20-49576513.xrx 2-5 n k;.:e1.1e, CA 9B747 F%3R ASSISTANCE, CALL (830) .09-9620 ICustomer Order No. Credit Memo 1-WWW-Padw, Comp.rry 18 -FEBRUARY -2005 .)0001.49226 HP Business DEC/ORDERNo. CmditNo. Agreement No. 05067201D 039006305 DIR-BUSOP-178 Credited To 466 (.1TY OF CORPUS CHRISTI )t ACCOUNTS PAYABLE P! 80X 92770 `-,RP'S r'HRISTI TX 8469 Line Item Model Number Description Qty/ Hour Unit Price Net Amount =)OC' CREDIT: 1 -MAR -2005 -31 -AUG -2005 66.00 DBA Adjustment (27.89) Multi-year Adjustment - K (44.62) SVCE Competitive Allowance (239.81) ANNUAL DISCOUNT (9.82) SUBTOTAL 301.56 0041 FS-CPQ05-AF COMPAQ PROLIANT ML350 1.00 92.95 0001 CREDIT: 1 -MAR -2005 -31 -AUG -2005 557.70 LOC: CORPUS CHRISTI TX D032CQH3K032 *ANNUALIZED BILLING* 0041.. WA-RCALL-AA RECOVER -ALL SERVICE 1.00 11.00 2000 CREDIT: 1 -MAR -2005 -31 -AUG -2005 66.00 DBA Adjustment (27.89) Multi-year Adjustment - K (44.62) SVCE Competitive Allowance (239.81) ANNUAL DISCOUNT (9.82) SUBTOTAL 301.56 0042. FS-CPQ05-AF COMPAQ PROLIANT ML350 1.00 92.95 0001 CREDIT: 1 -MAR -2005 -31 -AUG -2005 557.70 LOC: CORPUS CHRISTI TX D048FDR1K067 *ANNUALIZED BILLING* HEWLETT-PACICARD COMPANY P.O BOX 932956 ATLANTA, GA 31193-2956 Export of these products requires prior written authorization from the U.S. Department of Commerce Original Copy PAGE 3 77-1.20-49576513.xrx 3-5 vent Foothills B1vd MS551B lle, CA 95747 ASSISTANCE, CALL (500) 209-9620 Credit Memo Hwdee.Peaar Comww Credit Date 18 -FEBRUARY -2005 Customer Order No 000614922E HP Business DEC/ORDER No (Credit No. Agreement No. 05067201D 039006305 DIR-BUSOP-178 Credited To :894166 'OTY OF CORPUS CHRIST: b ACCOUNTS PAYABLE rC BOX 92770 'OPPUS CHRISTI TX 78469 Line item Model Number Description City/ Hour Unit Price Net Amount 0042. WA-RCALL-AA RECOVER -ALL SERVICE 1.00 11.00 2000 CREDIT: 1 -MAR -2005 -31 -AUG -2005 66.00 DBA Adjustment (27.89) Multi-year Adjustment - K (44.62) SVCE Competitive Allowance (239.81) ANNUAL DISCOUNT (9.82) SUBTOTAL 301.56 0313. FS-CPQ05-25 COMPAQ PROLIANT 800 1.00 73.00 0000 CREDIT: 1 -MAR -2005 -31 -AUG -2005 438.00 LOC: CORPUS CHRISTI TX *S/N: D917CDH10321 0313 WA-RCALL-AA RECOVER -ALL SERVICE 1.00 12.20 2000 CREDIT: 1 -MAR -2005 -31 -AUG -2005 73.20 DBA Adjustment (21.90) Multi-year Adjustment - K (35.04) SVCE Competitive Allowance (188.34) ANNUAL DISCOUNT (7.71) SUBTOTAL 258.21 0317. FS-CPQ06-1A COMPAQ Proliant DL360 1.00 92.95 0000 CURRENT: 1 -MAR -2005 31 -AUG -2005 (557.70) LOC: CORPUS CHRISTI TX 6J23ZS1T08Z -YHLM\KU I.VMFMN P'0 BOX 932956 ATLANTA, GA 31193-2956 Export of these products requires prior written authorization from the U.S. Department of Commerce Original Copy PAGE 4 77-1.20-49576S13.xrx 4-5 PEI n Y e 11 t r.re, CA 9s 4", RIR ASSIS'T'ANCE, CALL (800? X09- 9620 !Customer Order No. Credit Memo Healed -Packard Company CrrwM Dat9 18 -FEBRUARY -2005 000E149226 HP Business Agreement No. DIR-BUSOP-178 DEC/ORDER No. (Credit No. 05067201D 1 039006305 Credited To ',79:66 . , FT OF CORPUS CHRIST; ACCOUNTS PAYABLE PC: BOX 92770 ORPUS CHRISTI TX 78469 Line Item Model Number Description Oty/ Hour Unit Price Net Amount 0317. WA-RCALL-AA RECOVER -ALL SERVICE 1.00 11.00 <000 CURRENT: 1 -MAR -2005 31 -AUG -2005 (66.00) DBA Adjustment 27.89 Multi-year Adjustment - K 44.62 SVCE Competitive Allowance 239.81 ANNUAL DISCOUNT 9.82 SUBTOTAL (301.56) VET TOT ,1L CREDIT $1,793.98 INVOICES BEING CREDITED 320005205 11-NOV-04 P.0 BOx 932956 ATLANTA, GA 31193-2956 Export of these products requires prior written authorization from the U.S. Department of Commerce Original Copy PAGE 5 77-1.20-49576S13.xrx 5-5 Ht wLI !T PA( KARI) COMPANY K(N10 Foothills Blvd Bldg R6 Ro.c. d;r CA '»747 09/08/2005 SUSAN SCHMIDT CORPUS CHRISTI POLICE. DEPT 321 JOHN SARTAIN CORP1)S CHRISTI TX 78401 Support Account Reference: 153755 DLO_ 058FN HP Reference Number: 40799767 Dear SUSAN SCHMIDT: Enclosed you will find a Hewlett-Packard support service quote for your products. Review the services, support items, coverage dates, addresses, and company contacts for accuracy. Please advise HP of any changes prior to submitting your purchase order. Prices will remain valid for 90 -days. Te order support services detailed in this package, please return billing authorization by choosing one of the following convenient options. All orders are processed according to HP's Terms and Conditions of Sale and Service. Option 1: Provide an open-ended purchase order. An open-ended purchase order allows HP to add products to your agreement as necessary, as well as renew your support from year to year. Cancellation of the support service agreement requires a 30 -day written notice. Option 2: Provide a purchase order for the coverage dates specified in the enclosed referenced proposal. Option 3: Sign and return the attached Signature Authorization Method (SAM) form. Purchase orders must reference the HP Reference Number and the Support Account Reference. Applicable tax will be added to all products. If your organization is tax-exempt, please send a copy of the tax exemption certificate. Hewlett-Packard values your business and looks forward to providing you with continued support. If you have any questions or require further assistance, please contact your Contract Admin. at 800-386-1115 FAX 800 307 0361 Sincerely, Carol Choquette Contract Admin. SIGNATURE AUTHORIZATION METHOD (SAM) ne signature Authorization Method (SAM) may be used to order Ilewlett-Packard Company (HP) Support Services ONLY IF A PURCHASE ORDER IS NOT REQUIRED TO AUTHORIZE SERVICE DELIVERY AND REMIT PAYMENT. (11 Customer Information Company Name CORPUS CHRISTI POLICE DEPT 12) Contract Information attached: 1 1 HP Reference Number: 40799767 I ]** AMP ID: 050672013 Support Account Reference: 153755 DL0_058FN Coverage Period: 09/01/2005 - 08/31/2006 **The enclosed Support Account Overview dated on 09/08/2005 summarizes the quotes contained within the above AMP ID. Please check if applicable: J This contract is accepted with no revisions. If revisions are required, please contact your Contract Admin. A quote will be re -issued to reflect your changes and associated pricing, if any A new SAM form will be provided for your authorization Equipment Location Address 321 JOHN SARTAIN CORPUS CHRISTI TX 78401 - Check the HP Reference number to accept one quote, or the AMP ID to accept all quotes Check here If your authorization is open-ended. This Support Agreement is for the period stated on HP's quote. It will be extended without modification by consecutive terms of 12 months unless one of the parties gives written notice in accordance with the underlying business terms prior to the end of the respective 12 months. If modifications of the Support Agreement are necessary, HP will notify Customer in writing 60 days before the modifications are effective. Customer may terminate this Support Agreement within 30 days from receipt of notice. If Customer does not exercise this right of termination, this Support Agreement will be continued to the end of the current term with the modifications, and extended by consecutive 12 -month term. Re -pricing will occur automatically without further authorization. * ** (3) Tax Information ' Taxable 1 ] Tax Exempt Exemption # (Attach copy of certificate) (4) Payment Method Do not enclose Payment. [ Bill me [ ] Annually [ ] Semi-Annually(must Please select one of the following: [ ] Quarterly(must exceed $2400 annually) exceed $2400 annually) [ ] Monthly(must exceed $2400 annually) [ i Charge my credit card. Check one:J ] Visa Credit Card Number Exp. Date [ ] Mastercard [ ] American Express Cardholder Name( Print) Cardholder's Signature (5) Service Authorization and Terms and Conditions Customer' s signature on this form constitutes authorization for HP to invoice Customer for the service represented in the documents) referenced in Section (2) above. Services are subject to HP Terms and Conditions of Sale and Service(E16), Exhibit SS5. and if applicable, Exhibit E24. Cancellation requires 30 days written notice. Payment is due 30 days from HP's invoice date Authorized Signature Date Invoice -To Address (if different from Equipment Location) Printed Name Title E-mail Address (6) Completed form should be returned to: Hewlett-Packard Company 8000 Foothills Blvd Bldg R6 Roseville, CA 95747 Carol Choquette 800-386-1115 800 307 0361 (FAX) Phone/Fax Support Account Overview A 'IP ID: 05067201D Special Terms and Conditions No: S Customer Address: CORPUS CHRISTI POLICE DEPT 32! JOHN SARTAIN ( ORPUS CHRISTI ix 78401 ( ustomer C ontact: SUSAN SCHMIDT Tel 361-886-2537 Fax The quoted prices are valid for 90 days from: 06/01/2005 Hewlett-Packard Address: HEWLETT-PACKARD COMPANY 8000 Foothills Blvd Bldg R6 Roseville CA 95747 HP Contact: Carol Choquette Tel: 800-386-1 115 Fax: 800 307 0361 E-mail carol.choquette@hp.com For more information on the format of this document visit www.hp.com/go/hpsdocs Subjee: to HP berms and Conditions of Sale and Service (F16), Exhibit SS5, and if applicable, Exhibit E24. Your Support Access Options: [gyp]' ,trent Visit our web site at .. www.itrchp.com= for 11 Professionals or < www.hp.com/go/bizsupport> for Business Professionals Visit < wwwesca.hp com' to manage service agreement online or register to use Support Contract Assistant (SCA) F. -r Support, please call: x00-633-3600 Please have your Service Agreement ID and Product#/Serial# available to expedite your support experience. Support Account Reference Service Coverage Period Agreement ID From: To: Description Contract Total/USD 1,3755 DLO 058FN A6724M7108 CORPUSETWR DLO 058FM i-ORPUSSJPT W ARE 1032 0808 0485 09/01/2005 08/31/2006 1032 1536 5050 09/01/2005 08/31/2006 1032 0809 9875 09/01/2005 08/31/2006 1032 1537 7751 09/01/2005 08/31/2006 "Iota! Excluding Taxes CORPUS CHRISTI POLICE DEPT Total Total Refer 153755DL0. 058FN AG724M7108 CORPUSFTWR_ DLO_058FM software Summary of Charges Hardware Support Recover -All Software Support -Labor Software Support -Materials Total Excluding 'faxes excludes all taxes. If applicable, taxes will be added at the time of invoicing at the current tax rate. price includes all additions, deletions, warranties, discounts and adjustments if applicable. to the detail document for any applicable state & local tax Please refer to the payment schedule for prices to be invoiced yearly in advance. L Print Date 09/08/2005 3,248.04 1,118.52 18,504.96 12,008.76 34,880.28 21,983.52 888.00 3,188.88 8,819.88 34,880.28 Page 1 / 26 18 CITY COUNCIL AGENDA MEMORANDUM Council Action Date: October 11, 2005 AGENDA ITEM: Motion authorizing the City Manager or his designee to purchase renewal of Oracle Database Enterprise Edition software update and product support from Oracle USA, Inc., of Reston, Virginia in the amount of $53,196.00 for the twelve month period beginning November 23, 2005. Oracle USA, Inc. is an approved Texas Department of Information Resources vendor. ISSUE: In November 2004, the City purchased a ten (10) processor based perpetual Oracle Database Enterprise Edition license with initial twelve month software update and product support to support the City's Financial Management, Human Resources and Payroll, Fleet, and Computerized Maintenance Management System applications. These applications use the Oracle Database Enterprise Edition. On September 14, 2005, Oracle USA, Inc. submitted quote number 2009661 for Oracle service renewal. REQUIRED COUNCIL ACTION: City Council approval is required for expenditures over $25,000 PREVIOUS COUNCIL ACTION: City Council authorized purchase of a ten (10) processor based perpetual Oracle Database Enterprise Edition license and first year software update and product support on November 16, 2004. FUNDING: Amount Budgeted Source of Funds $53.196.00 5210-40470-530160 CONCLUSION AND RECOMMENDATION: Staff recommends approval of the motion as presented. •i. Oxen.: Ogilvie F. Gericke Director of MIS Attachments: Exhibit A — Quote Number: 2009661 ORACLE' Frank Bailey CITY OF CORPUS CHRISTI City Hall, 1201 Leopard St Basement CORPUS CHRISTI TX 78401 United States Re: Service Renewal # 2009661 Dear Frank Bailey, Please find attached a quotation for the above service renewal. The technical support services and benefits you are receiving will expire, or have expired, on 22 -Nov -05. This quotation is provided pursuant to the terms and conditions of the valid license agreement that you executed when you acquired technical support from Oracle or an Oracle authorized Reseller for the licenses referenced on the above service renewal; your service order under this quotation is subject to Oracle's acceptance. The new service level, named Software Update License & Support, reflects the combination of Software Updates and Product Support service levels. All licenses on which you previously had both Software Updates and Product Support have been quoted on this renewal with Software Update License & Support. All licenses on which you previously had only Software Updates have been quoted on this renewal with Software Updates. Your access and entitlement to support services are unaffected. For more detailed information on this change, please refer to htto://www.oracle.com/su000rt/standard.html. Ir order to complete this service renewal and to ensure that there is no interruption to your technical support, please accept this service renewal in accordance with the attached Acceptance Details on or before 24 -Oct -05. Once ordered, technical support for the support period defined below is non -cancelable and the related fees are non-refundable. An invoice, including applicable sales tax, GST, or VAT (collectively referred to as " Tax " ), will only be issued upon receipt of acceptance. If your company is tax exempt, a copy of your tax exemption certificate must be included with your purchase order or other form of payment. Oracle's technical support policies govern the terms of your technical support and are subject to change in accordance with its terms. The most current technical support policies, including Oracle's Reinstatement Policy, can be found on the web at htto://www.oracle.com/sunoort/aolicies.html. Customers who allow technical support to lapse and later wish to reactivate it will be subject to Oracle's then current Reinstatement Policy. Applicable reinstatement fees may apply in addition to the annual technical support fees. Oracle provides information and notices about technical support via e-mail. Accordingly, it is important that you provide updated e-mail information with your order to ensure that you receive all communication and notices from us. Please note that as part of a corporate restructuring associated with our recent acquisition of PeopleSoft, Inc., Oracle Corporation has transferred substantially all of its U.S. based operations, including our contracts with our customers to, Oracle USA, Inc., effective March 1, 2005. Page 1 of 6 Contract Number: 2009661 ORACLE' Accordingly, Oracle USA, Inc., is now responsible for the performance of all of these obligations under these contracts. Correspondence and invoices relating to these contracts will reflect the name of Oracle USA, Inc. Likewise, any correspondence and payments from you (including the vendor specification on any tax exemption certificates) should be address to Oracle USA, Inc. We expect that Oracle's addresses and your contacts will remain unchanged. I would like to take this opportunity to thank you for your continued business with Oracle. If you require further information. please do not hesitate to contact me at your earliest convenience. Regards Sara Phillips Oracle Support Services E-mail: sara.jordan@oracle.com Tel.: 703 364 0017 Fax: 719 757 4303 Page 2 of 6 Contract Number. 2009661 ORACLE' Quotation Date: 14 -Sep -05 Frank Bailey CITY OF CORPUS CHRISTI City Hall, 1201 Leopard St Basement CORPUS CHRISTI TX 78401 United States Tel.: Fax: E-mail: 361844-1721 frankb@cctexas.com ,..,_ _ •..:L, ., .tirva9 THIS QUOTATION IS VALID THROUGH 22 -Nov -05. PLEASE DO NOT CHANGE ANY OF THE INFORMATION BELOW WHEN SUBMITTING YOUR SERVICE RENEWAL. ORDERS IN WHICH THE SERVICE DETAILS HAVE BEEN CHANGED ARE NOT VALID AND YOUR ORDER WILL NOT BE PROCESSED. If a change to the information provided below is required, please contact me and an updated service renewal quote will be provided to you in accordance with Oracle's technical support policies located at http://www.oracle.com/su000rtioolicies.html. The service level Software Update License & Support reflects the combination of Software Updates and Product Support. For more detailed information on this change, please refer to htto://www.oracle.com/sucioortistandard.html. ' Service Level: Software Update License & Support End Date: 22 -Nov -06 I Product Description CSI # Qty Oracle Database Enterprise Edition - 14264730 10 Processor Perpetual License License Start Date Metric Level / Type FULL USE 23 -Nov -05 Final Price 53,196.00 Total Amount: USD 53,196.00 Plus Applicable Tax Page 3 of 6 Contract Number: 2009661 ORACLE' Acceptance Details Oracle processes service renewal orders after receipt of a purchase order or other acceptable form of payment such as a credit card for the total fees specified on the Oracle Service Renewal. PURCHASE ORDER. CREDIT CARD CONFIRMATION Purchase Order If accepting your service renewal by Purchase Order, your Purchase Order must include the following: Service Renewal #: 2009661 Term of Service: 23 -Nov -05 to 22 -Nov -06 Local Tax, if applicable The terms of your agreement with Oracle and this order supersede the terms of a Purchase Order. Please e-mail or fax your Purchase Order to: Attn: Sara Phillips Oracle Support Services Fax: 719 757 4303 E-mail: sara.jordan@oracle.com Customer: CITY OF CORPUS CHRISTI From: Frank Bailey Credit Card If accepting your service renewal by Credit Card, please complete the sections below and fax this information to: Attn: Sara Phillips Oracle Support Services Fax: 719 757 4303 E-mail: sara.jordan@oracle.com Customer: CITY OF CORPUS CHRISTI From. Frank Bailey Credit Card Number Expiration Date Authorized Signature Print Name Your credit card must be valid for the entire Term of the Service above. Oracle will bill your credit card in accordance with the Payment Terms below. Page 4 of 6 Contract Number: 2009661 ORACLE' PAYMENT TERMS Payment Terms for all fees payable to Oracle are 30 NET and will be invoiced quarterly in arrears. ADDITIONAL ORACLE TERMS There are no additional terms. Page 5 of 6 Contract Number: 2009661 ORACLE' Customer Details Please verify and update the following information to enable us to provide an efficient and timely service to your company. If changes are required, please e-mail or fax the updated information to: Attention: E-mail: Fax: Tel.: Company Name: Service Renewal #: For Quotation Contact Company: Address: Tel.: Fax: E-mail: For Invoice Contact: Company: Address: Tel.: Fax: E-mail: Sara Phillips Oracle Support Services sara.jordan@oracle.com 719 757 4303 703 364 0017 CITY OF CORPUS CHRISTI 2009661 Frank Bailey CITY OF CORPUS CHRISTI City Hall, 1201 Leopard St Basement CORPUS CHRISTI TX 78401 United States 361844-1721 frankb@cctexas.com Accounts Payable MYTHICS INC 1439 North Great Neck Road Suite 201 VIRGINIA BEACH VA 23454 United States dd-dddd dddd Page 6 of 6 Contract Number: 2009661 19 AGENDA MEMORANDUM DATE: September 27, 2005 SUBJECT: Golf Course Improvements (Bond Issue 2004) AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute a Contract for Professional Services with Finger Dye Spann, Inc. of Houston, Texas in the amount of $63, 735 for the Golf Course Improvements project. (Bond Issue 2004) ISSUE: This project was approved November 2, 2004 in the Bond Issue 2004 Package under Proposition No. 4 Park & Recreation Improvements. An A/E contract is required to provide design, bid and construction phase services and requires the approval of City Council before work may begin. FUNDING: Funds for this project are Improvement Budget. RECOMMENDATION: Staff recommends Sally Gavlj�c, Director of Parks an Recreation Additional Support Material: Exhibit "A" Background Information Exhibit "B" Contract Summary Exhibit "C" Location Map available in the Fiscal Year 2005 Capital approval of the motion as presented. r • g I . Escobar, P.E., irector of Engineering Services H.'\HQME\LYNDAS\GEN\Golf Courses13274 - Golf Course Imp - BI 20041AE Agenda \Memorandum.doc BACKGROUND INFORMATION SUBJECT: Golf Course Improvements Project (Project No. 3274) BOND ISSUE 2004 PROJECT PRIOR COUNCIL ACTION: 1. November 2, 2004 — Resolution expressing official intent to reimburse costs of the 2004 Bond Capital Improvement Projects (Resolution No. 026015). 2. November 9, 2004 - Ordinance canvassing returns and declaring the results of the Special Election held on November 2, 2004, in the City of Corpus Christi for the adoption of five bond propositions; adoption of a permanent ad valorem tax freeze on residents homesteads of persons 65 years of age or older or disabled persons and eligible spouses; and adoption of seven amendments to the Charter of the City of Corpus Christi (Ordinance No. 026022). 3. March 29, 2005 - Approval of the FY 2004-2005 Capital Improvement Budget for $178,074,800 (Ordinance 026188). PRIOR ADMINISTRATIVE ACTION: 1 August 26, 2004 - Distribution of Request For Qualifications (RFQ) No. 2004-03 Bond Issue 2004 Projects to 175 engineering firms (70 local and 105 non -local). 2. March 25, 2005 - Addendum No. 1 to the Request for Qualifications (RFQ) No. 2004-03 Bond Issue 2004 Projects to 175 engineering firms (70 local and 105 non -local). 3. April 13, 2005 - Addendum No. 2 to the Request for Qualifications (RFQ) No. 2004-03 Bond Issue 2004 Projects to 175 engineering firms (70 local and 105 non -local). FUTURE COUNCIL ACTION: Approval of construction contract to complete the project as required. PROJECT BACKGROUND: On Tuesday, November 2, 2004, the City of Corpus Christi held an election to consider a number of ballot propositions to fund major capital improvements for the community, Bond Issue 2004. The November 2, 2004 election was held jointly with Nueces County and coincided with the Presidential Election. The Bond Issue 2004 package includes $95 million in projects to be funded from ad valorem property taxes (a General Obligation Bond Issue) in Street, Public Health and Safety, Public Facilities, Parks and Recreation, and Bayfront Master Plan projects. The proposed projects target the City's most immediate needs to improve existing physical facilities, provide for growth, and protect the City's investment in its infrastructure. IExhibit A Page 1 of 4 ,USE RS2 HOME\VE EMAP\GEN\STREET\6261 C IMARRON\CONSUL. TANTAGENDA BACKGROUND PROJECT DESCRIPTION: Under this Bond Issue 2004 voter -approved project, funding will provide for the NE to review and implement selected golf course improvements recommended by the National Golf Foundation study commissioned by the City. The improvements and renovations will be for the City's two existing 18 -hole municipal golf courses, Oso Beach Golf Course and Gabe Lozano Golf Center. Anticipated improvements at Oso Beach include irrigation improvements, drainage improvements, the addition of hazards and the removal of trees, the revision and remodeling of selected holes, pond and shoreline renovations, the construction of a new driving range and practice putting green which in turn require that several holes be rerouted and newly constructed. Anticipated improvements at Gabe Lozano include irrigation improvements, drainage improvements, the addition of new bunkers and hazards, the revision and remodeling of selected holes, enlarging a lake, and improving the entrance drive to the facility. The NE will outline more detailed project requirements with preliminary sketches, plans, initial digital base mapping, photo's, detailed analysis of the greens under USGA protocol, and develop an updated probable construction cost of the desired improvements which reflects current market conditions. SPECIFIC CONTRACT TASKS: • Perform detailed review of the available reports for both golf courses and conduct field reconnaissance. Gather information and perform close coordination with City staff. • Recommend necessary geotechnical services to evaluate existing subsurface conditions. • Meet with City golf course Staff, Golf Greens Committee, Parks and Recreation Advisory Committee, and other pertinent user groups to discuss design approach and receive feedback. • Direct sampling and arrange for testing of existing greens rootzones by an accredited lab using USGA protocol to determine current condition of greens and design recommendations. • Review and study the project scope and proposed budget as they relate to construction feasibility. • Develop initial digital base mapping for use in Preliminary Phase of project from various aerial photographs, plans, maps, and other documents provided by City and/or obtained by A/E including existing photos from Lanmon Aerial Photo and City Digital Lidar Data • Evaluate and determine in more detail the elements necessary to construct the following proposed improvements identified in the Market Feasibility Analysis and Golf Improvement Plan prepared by NGF Consulting for this project. Exhibit A Page 2 of 4 +c\USERS2\HOME\VELMAP\GEN\STREET16261 CIMARRON\CONSULTANTAGENDA BACKGROUND Exhibit A l Page 3 of 4 Gabe Lozano Golf Center o Irrigation improvements and replacements/ Championship Course o Add new bunkers/ Championship Course o Install new drainage in main problem areas/ Championship Course o Revise Hole Nos. 9, 10, 12, and 14 o Enlarge lake between Hole Nos. 9 and 18 o Enhance entry drive o Remodel Hole Nos. 4, 5, 6, 17, and 18 Oso Beach Golf Course o Irrigation improvements and replacements/ Existing 18 Holes o Construct new practice green and surrounds (chipping green) o Install drainage in main problem areas/ Existing 18 Holes o New boardwalk bridge at Hole No. 18 o Deepen pond and shoreline at Hole No. 13 irrigation o Add hazard and remove trees at Hole No. 11 o Revise Hole Nos. 1, 3, and 4 o Remodel Hole No. 2 o Construct new Hole Nos. 5, 6, and 7 o Construct new conventional practice range o Install protective netting (one side of range) o Revise Hole Nos. 12, 13, 15, and 17 o Remodel Hole No. 18 o Remodel Hole Nos. 8, 10, and 14 o Remove vegetation from areas at main lake perimeter o Construct new practice green and cart paths at Clubhouse • Develop Preliminary Design sketches, plans, etc.. • Prepare a statement of probable cost for the initially proposed NGF improvements. • If probable costs exceed project funding, develop recommendations as to which, if any, of initially programmed improvements could be logically implemented within the project budget. • Develop recommendations for altered project scoping, if cost analysis indicates partial implementation of initial scope items is not logical or feasible. • Recommend necessary survey work to establish adequate base information with which to proceed to further design phases including existing topography, locations of existing structures, roads, vegetation, utilities, paving, and other data as may be determined. • Identify applicable permit requirements. • Develop a preliminary construction schedule and sequencing plan that includes all items in final recommended scope and provides for levels of disruption acceptable to City. • Prepare one copy of documentation of the Interim Design Memorandum (approximately 60%) for review by City Staff. Attend an interim review meeting to discuss findings to date, and assimilate all review comments, modifications, additions/ deletions. • Prepare one copy of the Pre -Final Design Memorandum for review by City Staff. Attend an Pre -Final review meeting to discuss findings to date, and assimilate all review comments, modifications, additions/ deletions. GSI-RS2'n.r+OME ELMAP\GEN\STREET\6261 CIMARROMCONSULTANT\AGENDA BACKGROUND • Recommend final scope for project based on preliminary design findings and feedback from City staff and user groups. • Review with City staff, revise, and furnish one (1) copy of final report. • Make formal presentation of recommendations to City Council (Optional Additional Service) CONTRACT SUMMARY/FEE: A contract summary and fee is attached as Exhibit B. • FINAL PRODUCT: Design, Bid and Construction services will result in golf course improvements to the City's two existing golf courses. Exhibit A Page 4 of 4 USERS2'.HOMEvf i. MAP\GEN\STREET16261 CIMARRONICONSULTANPAGENDA BACKGROUND CONTRACT SUMMARY Golf Course Improvements The City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas 78469-9277 (City) acting through its duly authorized City Manager or Designee (Director of Engineering Services) and Finger Dye Spann, Inc., a Texas corporation, 2000 South Dairy Ashford, Suite 210, Houston, Texas 77077, (Architect/Engineer A/E), hereby agree as follows. SCOPE OF PROJECT Golf Course Improvements (existing courses), Project No. 3274 Review and implementation of selected golf course improvements recommended by the National Golf Foundation study commissioned by the City. The improvements and renovations will be for the City's two existing 18 -hole municipal golf courses, Oso Beach Golf Course and Gabe Lozano Golf Center. Anticipated improvements at Oso Beach include irrigation improvements, drainage improvements, the addition of hazards and the removal of trees, the revision and remodeling of selected holes, pond and shoreline renovations, the construction of a new driving range and practice putting green which in turn require that several holes be rerouted and newly constructed. Anticipated improvements at Gabe Lozano include irrigation improvements, drainage improvements, the addition of new bunkers and hazards, the revision and remodeling of selected holes, enlarging a lake, and improving the entrance drive to the facility. The A/E will outline more detailed project requirements with preliminary sketches, plans, initial digital base mapping, photo's, detailed analysis of the greens under USGA protocol, and develop an updated probable construction cost of the desired improvements which reflects current market conditions, 2. SCOPE OF SERVICES The A/E hereby agrees, at its own expense, to perform professional services necessary to review and prepare preliminary plans, reports, and statements of probable cost, specifications and bid and contract documents. In addition, A/E will provide monthly status updates (project progress or delays, Gantt charts presented with monthly invoices) and provide contract administration services, as described in Exhibit "A" and "A-1", to complete the Project. Exhibit 'A-1" provides supplemental description of services to Exhibit "A" and does not intended to supersede services described in Exhibit "A". Work will not begin on Additional Services until requested by the A/E (provide breakdown of costs, schedules), and written authorization is provided by the Director of Engineering Services. Contract Summary Exhibit "B" Page 1 of 3 :3 SCHEDULE PROPOSED PROJECT SCHEDULE DAY DATE ACTIVITY t Wednesday i - September 28, 2005 Begin Preliminary Phase Thursday November 3, 2005 Interim Design Memorandum Submittal Friday November 11, 2005 City Review Meeting ~ Wednesday November 30, 2005 Pre -final Design Memorandum Submittal IWednesday December 07, 2005 City Review Meeting Tuesday December 12, 2005 Final Design Memo Submittal TBD TBD Begin Design Phase TBD TBD Interim Submittal TBD TBD City Review Meeting TBD TBD Pre -Final Submittal TBD TBD City Review Meeting TBD TBD Final Submittal TBD TBD Advertise for Bids 1 TBD TBD Pre -Bid Conference TBD TBD Receive Bids TBD TBD Begin Construction TBD TBD Construction Completion 4. FEES A. Fee for Basic Services. The City will pay the A/E a fixed fee for providing for all "Basic Services" authorized as per the table below. The fees for Basic Services will not exceed those identified and will be full and total compensation for all services outlined in Section I.A.1-4 above, and for all expenses incurred in performing these services. For services provided in Section I.A.1-4, A/E will submit monthly statements for basic services rendered. In Section I.A.1-3, the statement will be based upon NE's estimate (and City Concurrence) of the proportion of the total services actually completed at the time of billing. For services provided in Section I.A.4, the statement will be based upon the percent of completion of the construction contract. City will make prompt monthly payments in response to A/E's monthly statements. B. Fee for Additional Services. For services authorized by the Director of Engineering Services under Section I.B. "Additional Services" the City will pay the A/E a not -to -exceed fee as per the table below: Contract Summary Exhibit "B" Page 2 of 3 C. Summary of Fees Fee for Basic Services 1. Preliminary Phase $54,395 2. Design Phase TBD 3. Bid Phase TBD 4. Construction Phase TBD Subtotal Basic Services Fees $54,395 Fee for Additional Services (Allowance) 1. Permit Preparation (as applicable) Railroads TXDOT Wetlands Delineation and Permit Temporary Discharge Permit NPDES Permit/Amendments TNRCC Nueces County Texas Historical Commission U.S. Fish and Wildlife Service U.S. Army Corps of Engineers U.S. Environmental Protection Agency Texas Department of License and Regulation Total Permitting TBD 2. ROW Acquisition Survey TBD 3. Topographic Survey TBD 4. Environmental Issues TBD 5. Construction Observation Services TBD 6. Start-up Services TBD 7. Warranty Phase TBD 8. Formal Council Presentation of Prelim Design $3,500 9. Develop digital base mapping from various aerial photos, plans, maps, and other documents provided by City and/ or obtained by NE $3,100 10. Direct sampling & arrange for testing of existing greens rootzones $2,740 Sub -Total Additional Services Fees $9,340 Total Authorized Fee $63,735 Contract Summary Exhibit "B" Page 3 of 3 Mr_ tui t cilexh4_dwg LOCATION MAP NOT TO SCALE PROJECT No. 3274 GOLF COURSE IMPROVEMENTS (BOND ISSUE 2004) CITY OF CORPUS CHRISTI, TEXAS CITY COUNCIL EXHIBIT DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE:09/22/2005 20 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 10/11/05 AGENDA ITEM: Resolution expressing official intent to reimburse $15,000,000 in costs with respect to the construction of Improvements to the City's Utility System. ISSUE: 1'he City of Corpus Christi intends to complete the financing of City of Corpus Christi, Texas Utility System Revenue Refunding Bonds, Series 2005A on October 20, 2005. In order to adhere to the time schedules to insure timely completion of certain projects, the City must move forward with contracts in connection with the design, planning, acquisition and/or construction of the projects described on Exhibit "A" of the resolution prior to the completion of the final closing on the Bonds. ['hese amounts will not exceed $15,000,000. For the City to be eligible for reimbursement for any expenditures incurred prior to the bond sale, the City must declare its intent to reimburse itself for payments made prior to the bonds being sold. This action must meet specific U. S. Treasury Regulations and requires approval by the City Council. REQUIRED COUNCIL ACTION: Cite Council approval of the reimbursement resolution in order to proceed with the projects as scheduled. FUTURE COUNCIL ACTION: None CONCLUSION AND RECOMMENDATION: Staff recommends City Council approval of the Resolution as presented. O/ Cindy O'Brierry Director of Financial Services Attachment: Resolution RESOLUTION EXPRESSING OFFICIAL INTENT TO REIMBURSE $15,000,000 IN COSTS WITH RESPECT TO THE CONSTRUCTION OF IMPROVEMENTS TO THE CITY'S UTILITY SYSTEM 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 in connection with the financing of the Project from available funds, particularly funds of the City's Utility System; 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 reimburse itself for such payments at such time as it issues obligations to finance the Project; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI THAT: Section 1. The City reasonably expects it will incur debt, as one or more series of obligations, ‘v ith an aggregate maximum principal amount not to exceed $15,000,000, 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- cxempt obligations will be issued by 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. Dated: October 11, 2005 TTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: {) L l0 2005. By Lisa Aguilar Assistant City Attorne tor City Attorney Henry Garrett Mayor Exhibit "A" l'he projects consist of: Minor Storm Drainage Improvements Group B - River Canyon Area, Glenoak/Flour Bluff Drive, Tanglewood/Bonner Downtown Drainage Improvements Phase I Project B - Kinney Street Pump Station Downtown Drainage Improvements Phase 2 -- Agnes Street Box Culvert and Diversion Lines Southside Water Transmission Main, Phase 5 - acquisition of Parcel 501A and 528 Antelope/Salt Flats Area Gravity Interceptor Line f . Lindale/Chenoweth Drainage Improvements Project Phase 1, Parts A & B Corpus Christi, Texas day of , 2005 The above resolution was passed by the following vote: Henry Garrett Brent Chesney Melody Cooper Jerry Garcia Bill Kelly Rex A. Kinnison John E. Marez Jesse Noyola Mark Scott H:\LEG-DIR\elizabeth\Dept Files\EH Resolutions\EHres155.doc 21 AGENDA MEMORANDUM City Council Action Date: October 11, 2005 SUBJECT: Minor Storm Drainage Improvements — Group B Projects: • River Canyon Area (Catfish/Rolling Ridge) — Project No. 2240 • Glenoak/Flour Bluff Drive — Project No. 2184 • Tanglewood/Bonner Drive — Project No. 2255 AGENDA ITEM: Motion authorizing the City Manager, or his designee, to award a construction contract to King Isles, Inc. of Corpus Christi, Texas in the amount of $653,397.50 for the Minor Storm Drainage Improvements Group B: • River Canyon Area (Catfish/Rolling Ridge) • Glenoak/Flour Bluff Drive • Tanglewood/Bonner ISSUE: These projects are part of the Council -approved $55 million Storm Water CIP to alleviate flooding in various areas. The project has bid and is ready to begin construction. City Council action is required to complete this phase of the project. FUNDING: Funding is available from the FY2005-2006 Storm Water, Water and Wastewater Capital Improvement Programs with interim funding from the reimbursement resolution. RECOMMENDATION: Staff recommends approval of the motion as presented. Additional Support Material: Exhibit "A" Background Information Exhibit "B" Bid Tabulation Exhibit "C" Project Budget Exhibit "D" Location Map (2) H.4HOMEWechelle\GEIND,8188012240, 2104, 2255 Agenda Memo,doc I R. Escobar, P.E. 'rector of Engineering Services AGENDA BACKGROUND INFORMATION SUBJECT: Minor Storm Drainage Improvements — Group B Projects: River Canyon Area (Catfish/Rolling Ridge) — Project No. 2240 • Glenoak/Flour Bluff Drive — Project No. 2184 ▪ Tanglewood/Bonner Drive — Project No. 2255 PRIOR COUNCIL ACTION: 1. March 29, 2005 — Approving the FY 2005 Capital Budget in the amount of $178,074,800. (Ordinance No. 026188) 2. October 19, 2004 - Motion authorizing the City Manager, or his designee, to award Amendment No. 1 to a Contract for Professional Services with Martinez, Guy and Maybik, Inc. of Corpus Christi, Texas in the amount of $67,800 for a total restated fee of $92,760 for Minor Storm Drainage Improvements at the following locations: (Motion No. 2004-388) • Westview Drive Drainage Improvements • Princess at Cardinal Drainage Improvements • Wood River and River Canyon Area Drainage Improvements • Jester/Turtle Cove Park Drainage Improvements • Glenoak/Flour Bluff Drive Drainage Improvements, Phase 1 PRIOR 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). 6. September 30, 2004— Administrative approval of a small A/E agreement with Martinez, Guy, Maybik, Inc. of Corpus Christi, Texas in the amount of $24,960 for Minor Storm Drainage Improvements — Westview Drive Ditch. PROJECT BACKGROUND: This project is part of the Council -approved Storm Water Capital Improvement program's $55 million list of priority projects. During the course of developing the CIP priority listing, consultants were hired to assess drainage in numerous areas throughout the City. Based on the data, evaluations and cost estimates developed through the consultants, the City developed a priority listing for implementation of the a-410MEWachelle\GEMDrainage12240. 2184. 2255 \Agenda Background doc EXHIBIT "A" Page 1 of 3 improvements. Through the RFQ process, the City requested proposals and has opted to hire numerous consultants to complete the $55 million CIP projects. PROJECT DESCRIPTION: 1. River Canyon Area Drainage Improvements: This area of improvements consists of two sub -part areas; namely; Catfish Drive and Rolling Ridge Trail, which are located in northwest Corpus Christi in the Calalien area. Note: The Rapids Drive drainage improvements in the Wood River area have been taken out of the bid package due to a lack of funding and the expanded scope of improvements needed to relieve flooding conditions within this area. a. Catfish Drive cul-de-sac: Existing Conditions: The Catfish Drive cul-de-sac is experiencing water ponding due to the subsidence of the cul-de-sac's west end curb and gutter section, causing difficulty for drainage to reach an existing curb inlet located at the cul-de-sac east side. Proposed Improvements: Constructing a new 6 -foot curb inlet at the east side of the cul- de-sac and replacing the existing curb inlet at the opposite end with another new 6 -foot curb inlet. Tie the two structures with 100 LF of 15" RCP pipe (sloping from east to west). Reconstruct 300 LF of curb and gutter section and 94 SY of driveways around the cul-de- sac to ensure adequate drainage to said proposed curb inlets and regrade the existing flexible asphalt pavement surface so as to match the new gutter lines. b. Rolling Ridge Trail: Existing Conditions: The existing storm water drainage system conveys runoff from the Catfish Drive area via a 15 -inch RCP between two houses on Catfish Drive, down a sloping area behind said homes, and along a corridor drainage easement to Rolling Ridge Trail. Three of the manholes and post inlet shown on record drawings are believed to be buried below grade. Proposed Improvements: Realigning and raising the existing storm sewer and eliminating the segments of the existing storm sewer crossing through private properties. Constructing two new manholes and a curb inlet, installing new storm sewer pipe, and reconstructing roadway pavement along Rolling Ridge so as to connect the storm water system from Catfish Drive back to the city's storm sewer system at Rolling Ridge. 2. Glenoak/Flour Bluff Drive Drainage Improvements: Existing Conditions: Storm water runoff from the intersecting streets is not contained within the street right-of-way by the existing roadside ditches. The elevation of the cross- road culverts is such that water stands in the area for long periods. Proposed Improvements: Installing 844 LF of 36", 42", 54" and 60" RCP storm sewer pipe to help relieve flooding that occurs at the northeast corner of the Glenoak and Flour Bluff Drive intersection. Also, providing three safety end treatment structures along with 159 SY of slope paving at said intersection; regrading 420 LF of existing ditch and adding a HAHOMEViachelleWEMOrernage12240, 2184, 22551Agende eackpround.doc EXHIBIT "A" Page 2 of 3 concrete pilot channel along the south side of Glenoak west of Flour Bluff Drive leading to the existing 60" RCP headwall structure; regrading 830 LF of existing ditch along Flour Bluff Drive; constructing three post inlet structures and two special storm sewer junction boxes at the Glenoak/Flour Bluff Drive intersection and two Type B junction boxes along Flour Bluff Drive; installing 256 LF of new 8" and 12" ductile iron water lines; and removing, salvaging and reinstalling one fire hydrant assembly. 3. Tanglewood/Bonner Drive Drainage Improvements: Existing Conditions: Located southeast of Corpus Christi, south of SPID, north of Holly Road, between South Staples and Airline Road, at the intersection of Tanglewood and Bonner. Note: This is a new project site that was designed by J.R. Thompson, P.E., to be included with this bid package. Proposed Improvements: Constructing a new 10' curb inlet at the northeast corner of the subject intersection and installing 184 LF of 15" HDPE storm sewer (extending through an existing park) to connect to an existing curb inlet located at the intersection of Tanglewood and Braeswood Drive. These improvements are to relieve flooding at the Bonner Drive intersection with Tanglewood. BID INFORMATION: The City received proposals from four bidders on September 14, 2005 (see Exhibit `B" Bid Tabulation). The estimated cost of construction is $614,289. The bids range from $653,397.50 to $817,365. The consultant (Martinez, Guy & Maybik Inc.) and City staff recommend that the construction contract be awarded in the amount of $653,397.50 to King Isles of Corpus Christi, Texas. CONTRACT TERMS: The contract specifies that the project will be completed in 150 calendar days with completion anticipated in March 2006. H *lOMEWechelle\GEN Dratnage\2240, 21B4, 2255Agenda Background doc EXHIBIT "A" Page 3 of 3 O • Q �N ▪ uj2 M U W LL W N • 0 W 2 2 - F- W N it 2 0 7 CCa co 0 U m LL LL 0 r 17 0 Z m F1.13 Z 0 Z W LL 0 (- ccZ W 1- F Q a W 0 W a d C 2 • in o 0 P. N 3 } m E O Fd • H 7 W 03 1Q- 0 Big State Excavation P.O. Box 760927 C.C., TX 78426 UNIT PRICE' AMOUNT II NTS - CATFISH DRIVE CUL-DE-SAC 88888888888888 100 OV N(co0(DD 100 co 1� co) CO �08 O ,-NO ci - -N cD-th CO.- � 88g888888 8� i[I OOV 11.• 8001� ch OO)cD N Mpp l�J 0 0 0 0 0 0 0 0 0 0 0 0 0p OHO Ncoin NN. vi --°°a 00in 000 0 8 0 5 0 5 0 0 0 8 0L) O) CC)OO N ^ 80 Jhabores Construction 4645 Arlene Dr. C.C. TX 78411 �UNITPRICEI AMOUNT 00080880(•'488888 0 C 0) O O r R N^ c0 (0 (0 0 0 CD, 0) Ill0 ol,0 . 03 - ui .- - . u) csi N. c‘i .- ci 33,421.321 OO O 88 O ppb 8O 888 (00 (0 in n CO0000 (0 N N 0 .- O O N u) .- ri .- x 00000000(00000 00,000000- 6606 O m cO ui o in in uj cd 0000 00 �.-u)�� LOOLOO N II)N '- CO $ 8 8 0 8 8 8 8 8 8 u)0 u) N 000 Ng o CO 8, CDDN 100 CO u) .- M Coastal Resources P.O. Drawer E C.C., TX 78469 KANT PRICEI AMOUNT 0 0 0 0 0 0 0 0 0 0 0 0 00000000 5 0 0 9 in 0(B�InN�iN(0 0* o n 0D,-LL1.-N,- u)Nr LO 03 84 r- ca .- c7 u) 4 N c ai co r) pr 1n co 0 0 0 Q 0 O O Q 0 0 0 8 9 5 9 9 10 S 0888$88 u)^ O v_ co O0 - N ci N O) a a ch p 1ff M 009001.00009900 o0o n o o o 5888 ID1r uN O u) r) O u) 60 0 0 'ci COci ,- •-- 00 - CO N 00 c') r) c') 0 8 8 8 8 8 8 8 8 8 u) O o 0o o Lo a c O 0 CO .-00000 r.- 0+70 N 7 V <t r) King Isles Inc. 1641 Goldston C.C., TX 78409 [-UNIT PRICE' AMOUNT 800000005888pp$p8 0 0 0) CD O M 100 V' N to 0 0 Ni"N,-,- u) V vu) c')ci(Ocf CO 000008p8pppp8pp888 000. 000 0 O 0 TO 100 S Cr. 0) co u) � M �c0 29,500.00[ 0000000000000 01000000000009 O V h O CDu) N: O o co 0 0 0 00 '- u) CONN1000 V u1 c') Cr 00000000 000$599900 c o W OppOpo u)OS .-00003 ^ 00 N 00 N ci .- r) MINOR STORM DRAINAGE IMPROVEMENTS GROUP "B" PROJECTS PROJECT NO. 2240, 2184 & 2255 y F O Z 13. F E W — IIPART'A' - RIVER CANYON DRAINAGE IMPROVEME N 2coLL}}}}LLTJQO.O(f)U) llau_ 1L aQ JLLOm W J J (n (o CO co co co (� (o J J J J W J J W W 1 J J J x.-0000 V OD O SPO .-.- 0 r OO'- J u) O t0 O) 10 u) N 10 0 0 0 N- N '- 0 Q y 2 w Q 2 0 Q W C U) E cEi a �c m v to t 8¢ ori o> 0 3 `0 m m c W 0) o ccsH >0I 0a m V o 5 0"t m ;F 0 5 0 t oco o� rn Q� 3NLagN Ot=_� �€m D a > o uai rn o r ua g c E v (p 'm W 7•V€> a A o N•Sc.x ytO iO m.. Nt 2 E-1 W X 4 S0 0 E t'5 _N dJ V' W W W a U 0 O 13_ a 0 F - W W c 06 c a a w N 7Nj>>c22��aE'2cn0 W>>o.g.EaoL3wa_30 -00001-AE- c U E 2 -o rn. qm < E E a 0 0 0.` m o of a FM(o2¢2000aN22iN 322 N O O F- W 1-03 (0(b W 2 m a u(D N.. CO O) O N CO ya�aaaaaWaaayaa aaaaaa EXHIBIT "S" Page 1 of 7 0 r.N 0 Of CL W H F CC X 0 CrUJ a y 0 OV _ m LL 0 0 z O F- (y z m W F Z Z W LL 0 F z W 0 0 Big State Excavation P.O. Box 760927 C.C., TX 78426 UNIT PRIC4 AMOUNT 11 UL -DE -SAC $$$g n to 0.1- 15,240.0011 8$' o$ .= v- 8 m" N 88588 rih:08 N V O t0 N e 06 8 c0 1. Jhabores Construction 4645 Arlene Dr. C.C., TX 78411 J UNIT PRICE AMOUNT __ 8 O S O S c) co. 0 N p CO (L7 O) 8 OOinpOp08CD p 8 Qp 41 .- p . 4 CO n pp 0pp 0 0 0 0 O N 00 N 0 i1) 0 t1) N O O 1,500.00 Coastal Resources P.O. Drawer E C.C., TX 78469 UNIT PRICE' AMOUNT 88888 8 8 S $ c0 c7 N 11,750.001 88 0 O p 88 O .— p C ,- 8 co- ca pN 8888 p8 c0 0 .- O a0 0 o) N 0 0 1,100.00 King Isles Inc. 1641 Goldston C.C. TX 78409 UNIT PRICE AMOUNT IMPROVEMENTS - CATFISH DRIVE C 8 8 08 8 p8 888CV 8§8 0 7 N 8 N , 8 00 8 08 S N 88 N �8 OD O CO 8 8 0 0 0 N COD 0 0 0 U) 0 N 0 O 0 0 t0 N SUBTOTAL PART 'A' BASE BID ITEMS Al - A30 MINOR STORM DRAINAGE IMPROVEMENTS GROUP "B" PROJECTS PROJECT NO. 2240, 2184 & 2255 • OTY. 1 UNITS - J J W J J 0 co .WATER ITEMS Remove Exist. 10" Sanitary Swr 30 10" PVC SDR 26 San. Swr. 30 5" Dia. Fiberglass MH w/Conc. 1 Trench Protect. System 40 Wastewater Utility Allowance 1 SUBTOTAL WASTEWATER ITEMS I ITEMS INone 0 SUBTOTAL WATER ITEMS C ITEMS Traffic Control 1 SUBTOTAL TRAFFIC ITEMS Z 0 E 5 4! W O w C IPART'A' - RIVER CANYON DRAINAGE EXHIBIT "B" Page 2 of 7 0 co d a w 1 - cc cc x 0 0) a. a O p U E W LL O or zO U F z m W Fto z z W LL 0 F z W 1- cc Q a W O Jhabores Construction Big State Excavation 4645 Arlene Dr. I P.O. Box 760927 C.C., TX 784.11 I C.C., TX 78426 UNIT PRICE' AMOUNT (UNIT PRICEI AMOUNT 0 8888888888888 0NNe- 8. 05805 V OO8 000 N .- 1 45,939.00ff 88 8888$88888888888 8 vNppSSCOO88p880 M OnO60 e.N �o aS o- 1 )V O_- .- M T- 92 9982.00i 8885888800888 00 °°-°°TrTru5858 O u) 00100 C) N N '- r- Cj N 58888888888888888888 `''Nr, -c) 0O0010S$$h010^00 - <t 100 N I -N .-0 OO V N .. C) S ppO S O O N S O O O O O S O <° cND 00 1CD 01 7 100 S O 1n .- . .- 10 N N '- cit.: r M S 0 S 0 0 0 0 S 0 S C) 0 CD S O 8 S S S 0 S ON CO0c00 N 100 CD O COOV 8 N S 1lO CO 0 co 1� S - .- 7 C) .- co coO O N c .- .-- C) 88,717.001 88558,°8588p885 OO(`')ui 10 chin N -OO 0S Ld- N of .J ci 50888808888508888888 N0- N N CO) N 1p 000 N C) 0 N n 00i OO) 8N 8 M 10 - ' M King Isles Inc. Coastal Resources 1641 Goldston P.O. Drawer E C.C., TX 78409 C.C., TX 78469 JUNIT PRICEI AMOUNT IUNIT PRICE AMOUNT 0 0 0 O 0 C) S O O CD S O O Sp CD C? S N S CD CD 10 10 N .- 0) O m N 0 Lc) r O O N.- u0 c.- .- C) Cr; N Cr) S M co' gt O O O O S O O O O S O O O Op 0 CD 0 C3 S O O CR p O p S NN0t-00C')000gp 0op. c5 0UPet 1000080$ r r` V V c0 N M c0 OD 00 CO N c0 0) M a0 CD NOD - .-- N N ,- c7 Cr) N N c0 10 N M M- 116,374.00] J Q c SS 00000000p0p00 0011 O a 588 CO0000 g- 10 10 0 6 I` CQ 'n C) N ch 000000 02 0000000000000 co ODr-r- co N n rn o 5705 n CV v v e°) 00 - .- CO CO 0 OD 10 OO CO as - 4 10 N M M !NTS - ROLLING RIDGE T p SBS OOO O O 000000 pp0 0000000 COO N 0�) N S 8OO1p c0 N N C) M . .- :0 U) NSC) �py� c0 M p S O O O CRR OS OS OO CD O SSSO388088 CO S COO 100 ODCV OD NMSS7S6N 000000 c0 .- N Ti' N 0. sf I` 0 r N . M , 0f 0 0008500808880 00 V f\O6 co O 00000 00 C) N N 01 N0000 0 O O c 0 0 0 c0 N X) 1f) N M 00000000000000000000 N00 V c00) 6000000000001000 e- OM 07.-0- 000.-00010 cO0D0 00 i 0 M a 10 0 0 N n N 0 0. 0) M MINOR STORM DRAINAGE IMPROVEMENTS GROUP "B" PROJECTS PROJECT NO. 2240, 2184 & 2255 z —yO~ F O pGa Fz3 mowOCn mii oz. 0 W Ccc _m Wmmmm W UJ !n m LL}} Q} LL LL CA cn Ln (nLL LL LL LL LL LL} Q Q LL Q Q J LL LL LL Q LL U) GO W J J J 0) 00 U N J J J J J J J> J J J J 0 W W J W W> J J J W J J J a .% 1.. c? U7 OD 10100- co NO it)OO V N� J 1 e- CO V N N O^ N N 7 a 7 N" 1. Q `t T v 0) 0 zN Q�moesIUol et O >> CC . .aamoamUE2a)mo>,ayiN= Q_ t0 U ...w t c m> o v p cN a o € °W avi �N ora` 3w �_ IVU =1:11-14I c cLL. d 3 a? o� .710 2UO �CLCL o d °° E h N Clc0L V a ¢ c da W 'D E00¢m € u1"v 2 0 E m CD y�y Q2 010 V 10 V. O^NCA U O m >.a �. cc N h C (0 a1 O NO a))15'N -,-6 la N.,QQ y 0 m iv 0° CDt.1 CI)F-CAUV)-N^N UA X co " _42 1wV%a jO C 0 y N m 0> O_ ) u) NCL Cn W 75 5 N N h y vi W W IR 7 C) O O O � O1 • U` (A U' a xW O o0_mod¢ 'F) ` OQ ~WW WWW WW7Z x`O OU edLaa C p: ::J N m> > U U Q 0 > 45 E ._0Jv W > > > >LLLLLL c c -'e¢ool 00 OL��O Q U U O c0 a) 2 0 0 �j O O I. F O O O O 7 ..,-W W> N 2 2 m C U 6- .0 Qaa)immm0003jUU maCioom ti ( 0CLio CL N Ci and=CL2 CA ."Cr¢Q¢CDC7t9aaioQD W T-NNF-F-CHUAN CL mmmmmm m m m m m m m m m m m 0 m co m m m m m m m m m m y IEXHIBIT "8" I Page 3 of 7 O d x W r cc cc0 N 0. a co 0 o E LL LL o} O F Z O r5 zc, • Q m ~ Z C7 z W LL 0 r W i ccr 0. a W 0 Big State Excavation P.O. Box 760927 C.C. TX 78426 [UNIT PRICE AMOUNT RAIL 888 mgg 20D5 a 10,650.001 T8 O o Q 2 .-5 ¢ .- 150,571.001 8 O O mpg O NJ 8 8 8 O Jhabores Constructionl 4645 Arlene Dr. C.C., TX 78411 UNIT PRICEI AMOUNT 888888 O in N Q OO CO Ngg p W p O p O p OOp 0 O- p 0 1, 133,931.74( O O O O O O O in O ,— co 0 0 N O O O 1,500.00 Coastal Resources P.O. Drawer E C.C., TX 78469 UNIT PRICEI AMOUNT 8888 gggg —N NCp 88 66 1,800.00 8 Q 0— 167,824.00[ 888 M 7 O O N 0 0 1,800.00 King Isles Inc. 1641 Goldston C.C. TX 78409 UNIT PRICEI AMOUNT NTS - ROLLING RIDGE T p p 8 O O 1a$0�7ioo, < N p Q O M• 8 p O: p O 08 Lh O ei O 0018 to 1 000 0 0 0 (0 00 N 0 0 0 0 0 c+> SUBTOTAL PART 'B' BASE BID ITEMS B1 - B38 I MINOR STORM DRAINAGE IMPROVEMENTS GROUP "B" PROJECTS PROJECT NO. 2240, 2184 & 2255 z 0 z 0 E E 0 N 0 0 rk a E !PART 'B' - RIVER CANYON DRAINAGE IMPROVEME — LI. LL CO J J J 0 J !WATER ITEMS Remove Exist. 6 in. VCP san. 50 6 in. PVC SDR 25 San. Swr. 50 Wastewater Utility Allowance 1 SUBTOTAL WASTEWATER ITEMS None 0 SUBTOTAL WATER ITEMS IC ITEMS Traffic Control 1 SUBTOTAL TRAFFIC ITEMS IEXHIBIT "B" I Page 4 of 7 0 m O a a W F F _W S S W 0. a 80 ▪ 0 u-0 o ff_ _o F" 0 5z m W F • Z 0 z W 0 H W 2 cc a a W 0 Big State Excavation P.O. Box 760927 C.C., TX 78426 11 IUNIT PRICE AMOUNT 1 PART - GLENOAK/FLOURBLUFF DRIVE DRAINAGE IMPROVEMENTS 8888000008888888 O O N m 0°)D N 0 0 0 N W .-- N t` .- N 46,811.00fl 0-0000000-000080=08pp0pp8p� N OV) O 00) Ln �0 CO cco 0FA 5A 0 7) CO CO 5g 5g O S 0 O N N O I 64- V .- ch 0),-,-- a0 r 0 r W N O N N O ,- 0 f� r. n 8888888888 0 00 N 0 N 0 0000000000008888000 N00O0a SSOSS0sR 0NVOn.-MQ O00 N ,--�.-MNo°Oogo0 N N O W t` V '- 0 N Nm Jhabores Construction 4645 Arlene Dr. C.C. TX 78411 11.AfT PRICE' AMOUNT ..0000. 8 8 8 ocoo 61 N ON(004 800000 o 88080880888080888088 ON,-,1694 MO^orooo00OO Noao 464 N O M O V Oh N 0 M W V o h 0 0N CO - .- .- r .-N.- .- G C+l 80oo-o88 o 5hW0•S�0 OO � OO `0W 000888S8. ooo8SSS88S88 �0WOoo86p9 NNODNV00SO0ON ,-,-,-N00)41000 -^N00OfWp 0 0 N C0 0) W th W Coastal Resources P.O. Drawer E C.C. TX 78469 UNIT PRICE' AMOUNT 88888888pp8pp8pp8 8 oON 0m v 0000 O rn .- N V r 0 N M W 51,850.00 888888888000006W046688OOS88o8S88p8C8p N0 OW co Coo.- OOi_).-0 Winn CDr-r-OO^OON uN 6 V n (0 W aD O N n W N W (h N W N N 0000000 00 000(0000 S 00 000 N N ((000')0 S0 cn 0 W W O 66 N 0) 0 000000000p000000000 O O O O O O o 0 0 O 0 0 0 0 0 ul0 0 0 Nc`0•)c0O,-m0 o0'-88000WM SO .- .- N N CO W CONN N O (0 V N :664 N King Isles Inc. 1641 Goldston C.C. TX 78409 UNIT PRICE' AMOUNT 000080808 O S N OO) S a (00 0 0 0 O O 0) .-- W N N W O 0) N •=6 4646 N 56,212.50 J og0000000888o88g88o8 cO (O ) cO (0 66646166662.66666O6§§ N O) .- b) m o N W o 0 (o N o o o n N 644 V OLLYCC)Oo 04 040)0(0(0 V W V .- n .- ,- .- N .- /- 4-N N 314,974.001 0800000000 OO V t` 00 m 000 00 ch N N 0 0 0.--0,700,-WON 00 N 0 0 6N 0) V o 0000000008000000000 60660O000000 00000vi WOO 0 0 0 0 0 W0 .- - N V W N N o o o S O 0)(O O th0)0 46 .- NN u MINOR STORM DRAINAGE IMPROVEMENTS GROUP "B" PROJECTS PROJECT NO. 2240 2184 & 2255 yN O Z ¢ 0 o s a ACM N 2 0) CO ll. i Q j- CO (0 (i) LL LL LL lL lL LL LL LL LL ¢ ¢ ¢ Q ¢ ¢ } LL fn !n W J J J W W 0 W J J J J J J J J J J J J W W W W W W (n J J J ♦- Y '- - W 00C.-.0.-.- 0 0 0 CO V V (11 n V CON D N .- ,- O) r .- r• J N n ti N r VN CO CO N V 0) 0 N LOU) a W W F f" R � 0 m -67.� 00 a a a p C7 v E m o a) _ cm)m Cm m 00 °040 �� �%m W a) U C7 C C)W L m C C C CC CC C0(00 x x"! m (O v -0=o'0vv 0 0 mrnao 3a )-o C C a a Ci t o != U= O (d a= i6 ii m_ ( 5) Q F O U a m m m m m F'i "' '� .- 04 0 WN .= L a C (O C d W d CO m m m m m m C C c 0 0 C) !/) ¢ w-= >_ Oen m< ci m m - '61 ..- 3� a C C C C C m .“— -, ow -=0 ¢ E a) ¢ °n m m mH Ntra 5•_._•_ pO 0a x ox m _o ILDw ( • '9')7M. -.0--C o 0ff 0 4 F O S' 01 ° c c c c c U -~° �°D6 v O °1 m am . .w0) U°C22masa > •=)U O O U m< 0 OW0 W 5 C>>00000 C Tm a o m E U E l i m 8 M 3 o E a¢ Q¢ ym ¢ N .r-,- ( mp c cmc €€ -Mcn(nmioa 042 m�v� QmmNNmvW(ODamw1-0oUvF-wcoml w i W N M V 0 (0 t` CO O) O N h v W 0 r COO) 0) O+ N CO VP-- CO n COO) m U U U U U U U U 0 N&N N N N N N N N U 1-0000000000000000000 EXHIBIT "B" Page 5 of 7 0 :D O) ca xQ 1- U) x 0 N a. a. Q VJ 0 m • LL LL • t O F0 Q= 2 W LL 0 1- Z 2 111 a Big State Excavation P.O. Box 760927 C.C. TX 78426 UNIT PRICE' AMOUNT 1 EMENTS 8 O 80000008808088 oog000poppo 000cof(p� 1(f -co -1ON O)(ND 000 N< 0i C 7-- 7- ri N O 88 ppqQb8 00_1 of in 8 ui 0 N 0) 0.00' SSSSSSSSSSSSS u,.-a)0585CD 0Qp6O N N V tD OD O) (D O 10 N. 8 5 O M Jhabores Construction 4645 Arlene Dr. C.C. TX 78411 UNIT PRICE AMOUNT 0.00 8 O p pp 0 S S 0 0 0 0 O S 0 0 o 0 O O g O g 0 0 0 0 0 0 0 05 Oto N 000 to to O0N M a to OD O N O N OD r, to O CO (D Ni N M CO C V 41,398.001 0 O 00 O 10 8 p O 1A 442,125.36[ 0 0 O pQ 0 0 0 0 p8 0p 0 0 0 0 0 0 8 M7 (OD Off) S 000108108OO pi to co OD CO n to 0 M V O O O N Coastal Resources P.O. Drawer E C. TX 7$469 UNIT PRICE( AMOUNT 88 OO 8888818885888 600 MO OD h Ntolo a0O W Oto^I-�0 -00(0 NON •- N (O N 0) 0 OD .- OD r OD .-- r er ODNM C).. M, 34,028.74 1,700.00 8 0 O h N f. N 0 0) a M 0.00 0 0 0tOCD 0 0 N 108 CD 0500 0 -NTr 10 ((0 ci n oi N- O (0 N Cel) 7-7- OOD4 CDCD.-ron 1,700.00 cg �$ 3 r5. OH 0 Y ()- O 1 88 ', 00 888858$888888888880 a O to CVO c00ON NO OND N(NDM n T.- N c M 36,615.00 888r 0If7 0)011 4172301.50[ 0 Q d = 7 PART 'C' - GLENOAK/FLOURBLUFF DRIVE DRAINAGE IMPROV 0.0011 0 0 5 0 8 0 8 0 0 0 5 8 0 00 u) to(o 01O 00800 u) a V I� 00 NON CO00) CONN CON100 ri 0 0 of SUBTOTAL PART 'C' BASE BID ITEMS C1 - C44 MINOR STORM DRAINAGE IMPROVEMENTS GROUP "B" PROJECTS PROJECT NO. 2240, 21814 & 2255 ITEM III DESCRIPTION 'OTT. I UNITS O J J J J W W W W W W W J J co 0 W Q LU Q 3 UJ 1-0) 3 J Q 0 V) 000(D.-(0 7 N 47-7-.-7- (CO .- OO11, ' ,- N a W t W cc Qcm O0 2E CD) O) rnNC O)C c dZCU« N V) LL m e W F m 0 LL DLL 2 RI �U� nv c� o t+6¢ E~ C.1 ii: UN 0U mm c GC,� _> >,W LL °°'7Q* m mmm asLL �(nQcc 3,to' vi 3 01 N m > O o) n1 .. 3 0` J wwQa m0 rn , (0o c0) oQ cQ VJ o ozit �.-(L��1(N((V�V1• oLo f mIt >r0 a 'O 03 W N N N N X N XN"200 ZmN d dD ~ �7 ¢CC¢ COD7-OD.-cD��QF-U/ 01-0 ... WCOO FMN MM V MM1;7W W O V N M LL Qa a 0 3 0 0 0 0 0 O O 0 0 O O O O F 0 W F cn cc S 0 y a. a cc Q) 0 0 • 0 u. Y F z O , F-0 n Cc m W Fet z 2 W LL 0 F z W 1- Q a a W 0 Big State Excavation P.O. Box 760927 C.C. TX 78426 O' i) as ZV IPART'D' - TANGLEWOOD/BONNER DRAINAGE IMPROVEMENTS 11 8 8888888888$ Bp08 N888 M a ?.0- .--W 888�.88888888 88hO 8 8 a0OO r)- 7- NN p O O 88 O O 500.00 8 O If07 42,769.0011 817,365.00 88888888888 o O" co (O`° `))N N-00 - .- -- 88888888 n Sc-0Nt SLo o V N 0 0 0 0 500.00 Jhabores Construction 4645 Arlene Dr. C.C., TX 78411 UNIT PRICES AMOUNT 8888888-°888 SS,- n n 00i"vSS 0u) - (f) NOCD N -- 5,599.18 888888888 000)S CD CC)(a0D02 0 NN CO LA CO CO OO O) - (5 N co CO - 88 00 88 00 88 00•0 0.6 .- .- 24,638.18[ 8 0) N a) r (o 88888U)8°-500 8 $ MN u)N u1 (�400 80880088 (00 (0C' 000 8 0 8 O 0 ci 0 Coastal Resources P.O. Drawer E C.C. TX 78469 UNIT PRICE' AMOUNT 88888888888 88800884000 1 V co to to C7 c') N N r` N n Ui. - V 0) 25,135.00 8888888p8 6 11)1000)600S ,- O) oe In CO (A O u) .- 0) N N 16,620.00 88 OC S8 00 1,700.00 8 0 t0 43,455.00( 657,896.241 0 0 0 0 0 0 0 0 0 0 0 O o 0 0 o CO 0 0 0 0 0 CD0 N Off) S CD N S CV O co N : 1. V C° rp 0 0 0 p 0 0 0 0 0 0 0 0 0 10 0p 0 co N (CO) - o N mi 0 OD o — r) N N 0 O O 0 o O 1,700.00 King Isles Inc. 1641 Goldston C.C., TX 78409 UNIT PRICE' AMOUNT 8 pp 8 0 SSS 8 8 8 8 0 SO Co N cn 0 0 0000 0 u).70) CO CO NOoo 0 D) - N - - U) O O N - - CD CO 15,270.00 8 8 8 8 8 8 8 8 O ON_00000 COO OCD N00 CO 111 C7 0 CO 0) CD 0 N N .,-N 20,572.001 8 O S O p O O p O O 3,500.00 8p p O w Co) 39,342.001 O) 0) M 0 0 0 0 0 0 0 0 0 0 0 0 o U) 0 0 0 0 0 0 0 0 6 vrDir (50000 88 "NNoo N ,--(O C) 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ooc'ioaouioo N. (-5- 88 N - N 0 0 0 o 0 0 O 0 0 0 07 MS D1 - D22) MINOR STORM DRAINAGE IMPROVEMENTS GROUP "B" PROJECTS PROJECT NO. 2240, 2184 & 2255 ry Z 0 ° _ - CO OD LL Y i- LL D-JQ } CO CO U. Q LL Q LL lL co C/)O O Cn W J J J CO y OD CO , CD J J J W J W J J J J J F Y -- M CD OO CD - CD - - �-N-N V- - 3 a0 CO 2 H H Q O y F 0 O CO LU H ¢ IW- a W N a 3 Q h 0 O ,SUBTOTAL PART 'D' BASE BID (ITE TOTAL BASE BID 'A' +'B' + 'C' +'D' m _ UJ N E a0i m 3 0 co y 0¢ au O > td a y N C W O) 7 0 cca °�° a s 0 H o m 0 .2 3 _ ° L. U E _- 3Namtcic) °'a 0) mcars�Uy ¢2 > o .- w H o c .- m t (n W m` ( j a QQU m m6 E F (n 0D 0° .a«g a 4E) c) ...: 6 N� m CD> Cn Ei y z.._ y am' a n O c 12 'x Rin m a.C'oJ F X X a)U15 w of C7 c C x W W d ° a Q W W W c d cd M N U U O O` o N Q EE E O W o 2 o •e 1 3 3 Q�m3EEcUE=�rnro Q?cEC) 0EEm o _ o a) w o, 0 >,a)m 3,D a) a)= c m 0 07 Fi(n(naC¢U(DaN2aiy — HQ CDiOF(n(ny y F W Fd Q on 3zm cn y W W H LL F a a ¢ 3 o F- Q Q F y E. F co 0 'j. U 0 LIm la .-C) H on != an zy VHy N CD V u) CD r OD Q) O- O N C f N QN 00 0 o o oI- 0 0cn00 3 o F p EXHIBIT "B" Page 7 of 7 PROJECT BUDGET MINOR STORM DRAINAGE IMPROVEMENTS GROUP B PROJECTS River Canyon Area (Catfish/Rolling Ridge) - Project No. 2240 Glenoak/Flour Bluff Drive - Project No. 2184 Tanglewood/Bonner Drive - Project No. 2255 September 27, 2005 FUNDS AVAILABLE: Storm Water $705,887.45 Wastewater 23,271.02 Water 46,542.03 Total $775,700.50 FUNDS REQUIRED: Construction (King Isles Inc.) $653,397.50 Contingencies (10%) 65,340.00 Consultant (Martinez, Guy & Maybik Inc.) 18,455.00 Consultant (J.R. Thompson, P.E.) 1,700.00 Engineering Reimbursements 7,047.00 Construction Inspection Activity 19,602.00 Geotechnical Services (Kleinfelder) 8,300.00 Misc. (Printing, Advertising, etc.) 1,859.00 Total $775,700.50 H \HOME\Rachelle\GEN\Drainage\2240, 2184, 2255\Project Budget EXHIBIT "C" Page 1 of 1 Mprcject ,couriaiex,libits\exh2184b.dwg PROJECT LOCATION CATFISH DR & ROLLING RIDGE NUECES BAY 414411,oure,;„ CORPUS CHRISTI BAY PROJECT LOCATION TANGLEWOOD/BONNER DR PROJECT No. 2240, 2184, 2255 vx LAGUNA MADRE RI YIN PROJECT LOCATION GLENOAK/FLOUR BLUFF DR LOCATION MAP NOT TO SCALE GULF OF MEXICO EXHIBIT "D" MINOR STORM DRAINAGE IMPROVEMENTS GROUP "B" PROJECTS CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 2 DATE:09/19/2005 01•11111P MIN 11•11•1 NINO MI MIN wv N PROJECT LOCATION 41-1 CATFISH DR & ROLLING RIDGE GLENOAK/FLOUR BLUFF DR PROJECT LOCATION PROJECT LOCATION PROJECT No. 2240, 2184, 2255 TANGLEWOOD/BONNER DR VICINITY MAPS NOT TO SCALE EXHIBIT "D" MINOR STORM DRAINAGE IMPROVEMENTS GROUP "B" PROJECTS CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 2 of 2 DATE:09/19/2005 ,111111, OEM 22 AGENDA MEMORANDUM October 11, 2005 SUBJECT: Rincon Bayou Diversion (Projects No. 8443) Award of Contracts for Monitoring Services AGENDA ITEM: a. Motion authorizing the City Manager, or his designee, to execute a contract with the Center for Coastal Studies, Texas A&M University — Corpus Christi not to exceed $114,875 for Ammonia and Biological Monitoring associated with the Rincon Bayou Diversion Project 2005-2006. b. Motion authorizing the City Manager, or his designee, to execute a contract with the Division of Nearshore Research, Texas A&M University— Corpus Christi not to exceed $112,550 for Salinity and Freshwater Inflow Monitoring associated with the Rincon Bayou Diversion Project 2005-2006. Motion authorizing the City Manager, or his designee, to execute a contract with the University of Texas Marine Sciences Institute, in an amount not to exceed $264,247 for biological monitoring services associated with the Rincon Bayou Diversion Project 2005-2006. ISSUE: The Texas Commission for Environmental Quality (TCEQ) requires biological monitoring to evaluating the effects of the Rincon Bayou Diversion Project. The monitoring will result in the data necessary to determine the project impact on primary production, phytoplankton biomass, species abundance and diversity and emergent marsh vegetation in the project area and nearby marshlands. FUNDING: Funds for these contracts are available in the Environmental Studies activities of the Water Department's FY2005-06 adopted Operating Budget. RECOMMENDATION: Approval of the motion as presented. i .0—Eduardo Garana, P.E. Director of Water Services Attachments. Exhibit A Exhibit B: Exhibit C Exhibit D Additional Information Prior Council Action Summaries of Contracts Location Map Page 1 of 1 H \HOME\KEVINS\GEN\WATER\RINCON\Year5\ Awardmemo.doc el/)Escobar, P. E. 'rector of Engineering Services ADDITIONAL INFORMATION SUBJECT: Rincon Bayou Diversion (Projects No. 8379 & 8416) Award of Contract for Biological Monitoring Services PRIOR COUNCIL ACTION: See Exhibit B. FUTURE COUNCIL ACTIONS: It is anticipated that Council will be requested to approve amendments to address monitoring for one additional year. Alan Plummer and Associates has worked with TCEQ to ensure the contracts address the scientific and permitting issues associated with the Rincon Diversion and the Allison WWTP Diversion projects. The City has worked closely with the Texas Commission for Environmental Quality (TCEQ) to develop a unified monitoring work program for the Rincon Diversion Project. The frequency and amount of future amendments will be based on the requirements of the Rincon Monitoring, and the level of monitoring required by Allison project, as determined by an annual assessment. PROJECT OVERVIEW: Background: The City's overall strategy for long-term water supply includes the optimization of the existing freshwater resources in the Nueces River Basin. The current operating plan for the Choke Canyon/Lake Corpus Christi reservoir system includes requirements to provide freshwater inflow to the Nueces Estuary that diminish the dependable water supply for the region. The City completed a two - phased planning study that recommended the potential beneficial re -use of wastewater effluents as a means of enhancing the productivity of the Nueces Estuary that may alleviate part of the need to provide fresh water from the reservoir system. Monitoring: The biological and chemical evaluations being conducted will document the effects of the wastewater effluent and freshwater diversions to the Rincon Delta and Nueces Bay. The TCEQ requires that the effects of the discharge of the Project be monitored for productivity by measuring changes in biomass and growth rates of plant and animal communities in the Project area and nearby wetlands. CONSULTANTS INFORMATION: The Center for Coastal Studies (CCS) has conducted similar on-going monitoring in the Project area for the City or other agencies, such as the Corpus Christi Port Authority. As a result, CCS is singularly qualified to continue to provide monitoring Rincon Bayou Diversion Project for the duration of the Project in accordance with the parameters established by the City and the TCEQ. (HOME\KEVINS\GEN\WATER\RINCON\Year5\^AWDBKGExhibitA.doc EXHIBIT A Page 1 of 2 The Division of Nearshore Research (DNR) has been developed to address research related to coastal water resources. They were formally part of the Conrad Blucher Institute. The principal investigator that conducted salinity and freshwater inflow monitoring for the City during prior monitoring periods will do the monitoring during 2005-2006. UTMSI has conducted similar on-going biological and chemical monitoring in the Project area for the City or other agencies, such as the Corpus Christi Port Authority. As a result, UTMSI is singularly qualified to continue to provide monitoring Rincon Bayou Diversion Project for the duration of the Project in accordance with the parameters established by the City and the TCEQ. EXHIBIT A Page 2 of 2 \HOME\KEVINS\GEN\WATER\RINCON\Year5\^AWDBKGExhibitA doc PRIOR COUNCIL ACTIONS April, 1991 and April 1992. Approval of participation with the Port Authority, Corpus Christi Board of Trade, and the Texas Water Development Board (including partial funding) in the Nueces Estuary Regional Wastewater Planning Study, Phase I in April, 1991 ($25,000 of $150,000) and Phase II in April, 1992 ($79,000 of $258,000). 2 January, 1994. Approval of the Capital Improvement Program which included an Effluent Return Flows Pilot Project to evaluate the potential for meeting the requirement for water releases into the Bay Estuaries using wastewater diversion in lieu of freshwater releases. 3 March 1, 1994. Award of a contract in the amount of $117,500 to the joint venture of Urban Engineering and Govind & Associates for engineering services associated with the construction of an Effluent Diversion Demonstration Project (M94-051). 4 September 26, 1995. Acceptance of an easement for a 28.109 acre effluent diversion site, a 1.019 acre pipeline easement, and a 25 foot wide temporary construction easement from Mr. O.S. Wyatt in connection with the Effluent Diversion Demonstration Project in return for the construction of a 2.5 inch water pipeline valued at $48,500 for livestock watering purposes (M95-284). 5 October 15, 1996. Award of a contract in the amount of $18,850 to the Conrad Blucher Institute and the Center for Coastal Studies at Texas A&M University - Corpus Christi for continuous salinity monitoring in the Nueces Bay (M96-332) 6 November 19, 1996. Award of a contract for consulting services with the Marine Sciences Institute of the University of Texas at Austin for Biological Monitoring of the Effects of Wastewater Effluent Diversions on Primary and Secondary Production in the Rincon Delta and Nueces Bay in the amount of $70,000 (M96-348). 7 April 8, 1998. Acceptance of an Access Easement valued at $15,000 from Mr. John S. McGregor for access over a 20 -foot wide road for the purpose of constructing and operating a dispersal facility (M97-73). 8 April 8, 1998. Award of contract in the amount of $825,621 with West Oaks Constructors, Inc. for construction of the Allison WWTP/Nueces Estuary Effluent Diversion Demonstration Project. 9. November 24, 1998. Award of contracts for consulting services: a. in the amount of $52,500 with the Center for Coastal Studies (CCS) for Ecological/Biological Monitoring of Treated Wastewater Diversions in the Rincon Delta and Nueces Bay (M98-398); Exhibit B Page 1 of 4 b. in the amount of $90,500 with the Conrad Blucher Institute (CBI) for On -Going Salinity Monitoring in the Rincon Delta and Nueces Bay (M98-399); and c. in the amount of $84,500 with the University of Texas Marine Sciences Effluent Diversions on Primary and Secondary Production in the Rincon Delta and Nueces Bay. Institute (UTMSI) for Biological Monitoring of the Effects of Wastewater (M98-400). 10 September 28, 1999. Award of Amendment No. 1 for consulting services: a. in the amount of $55,500 with the Center for Coastal Studies (CCS) for Ecological/Biological Monitoring of Treated Wastewater Diversions in the Rincon Delta and Nueces Bay (M99-337); b. in the amount of $85,784 with the Conrad Blucher Institute (CBI) for On -Going Salinity Monitoring in the Rincon Delta and Nueces Bay (M99-338); and c. in the amount of $93,484 with the University of Texas Marine Sciences Effluent Diversions on Primary and Secondary Production in the Rincon Delta and Nueces Bay. Institute (UTMSI) for Biological Monitoring of the Effects of Wastewater (M99-339). 11. October 10, 2000. a. Motion authorizing the City Manager, or his designee, to execute Amendment No. 2 to the contract for consulting services with the Center for Coastal Studies in the amount of $53,672 for Ecological/Biological Monitoring of Treated Wastewater Diversions in the Rincon Delta and Nueces Bay (M2000-360). b. Motion authorizing the City Manager, or his designee, to execute Amendment No. 2 to the contract for consulting services with the Conrad Blucher Institute in the amount of $86,286 for On -Going Salinity Monitoring in the Rincon Delta and Nueces Bay (M2000-361). c. Motion authorizing the City Manager, or his designee, to execute Amendment No. 2 to the contract for consulting services with the University of Texas Marine Sciences Institute in the amount of $110,953 for Biological Monitoring of the Effects of Wastewater Effluent Diversions on Primary and Secondary Production in the Rincon Delta and Nueces Bay (M2000-362). 12 Motion authorizing the City Manager, or his designee, to execute a contract for consulting services with Alan Plummer and Associates, Inc., of Austin, Texas, in the amount of $45,920 for Analysis, Evaluation and Report Preparation required by Texas Natural Resource Conservation Commission discharge permit related to the Wastewater Effluent Diversions in the Rincon Delta and Nueces Bay (M2000-363). 13. March 13, 2001 — Motion authorizing the City Manager, or his designee, to execute an engineering services contract in the amount of $40,000 with HDR Engineering for services related to the Re -Opening of the Rincon Overflow Channel and the construction of a pipeline from the Calallen Reservoir to the Nueces Delta for a price to be negotiated (M2001-106). 14 July 17, 2001 - Motion authorizing the City Manager, or his designee, to execute a Exhibit B Page 2 of 4 ‘HOME\KEVINS\GENW'ATER\R INCON\Yea r5\^AwdPriorActionsExhB.doc construction contract in the amount of $74,300 with Gallager Construction for the Rincon Diversion Project — Nueces Overflow Channel (M2001-273). 5. October 23, 2001 - Motion authorizing the City Manager, or his designee, to execute a consulting contract in the amount of $104,500 with Alan Plummer Associates, Inc., for Nueces Delta Monitoring Program, Program Coordination, and Report Integration Services (Rincon Bayou Diversions) (M2001-402). 16. November 13,2001 — a. Motion authorizing the City Manager, or his designee, to execute Amendment No. 3 to the contract for consulting services with the Center for Coastal Studies in the amount of $71,170 for Ecological/Biological Monitoring of Treated Wastewater Diversions in the Rincon Delta and Nueces Bay (M2001-421). b. Motion authorizing the City Manager, or his designee, to execute Amendment No. 3 to the contract for consulting services with the Conrad Blucher Institute in the amount of $87,470 for On -Going Salinity Monitoring in the Rincon Delta and Nueces Bay (M2001-422). d Motion authorizing the City Manager, or his designee, to execute Amendment No. 3 to the contract for consulting services with the University of Texas Marine Sciences Institute in the amount of $173,664 for Biological Monitoring of the Effects of Wastewater Effluent Diversions on Primary and Secondary Production in the Rincon Delta and Nueces Bay (M2001-423). 17 June 25, 2002 - Motion authorizing the City Manager, or his designee, to execute a contract and to ratify services provided by the University of Texas Marine Sciences Institute, in an amount not to exceed $118,192 for biological monitoring services associated with the Rincon Bayou Diversion Project (M2002-179). 18. November 19, 2002 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 1 to a contract with the University of Texas Marine Sciences Institute, in an amount not to exceed $165,748 for biological monitoring services associated with the Rincon Bayou Diversion Project (M2002-398). 19. September 30, 2003 - a. Motion authorizing the City Manager, or his designee, to execute a contract with the Center for Coastal Studies, Texas A&M University — Corpus Christi not to exceed $103,000 for Ammonia and Biological Monitoring associated with the Rincon Bayou Diversion Project (M2003-352) b Motion authorizing the City Manager, or his designee, to execute a contract with the Division of Nearshore Research, Texas A&M University— Corpus Christi not to exceed $104,550 for Salinity and Freshwater Inflow Monitoring associated with the Rincon Bayou Diversion Project (M2003-353) c. Motion authorizing the City Manager, or his designee, to execute a contract with the Alan Plummer Associates, Inc. of Austin, Texas not to exceed $139,710 for: • Assistance with Allison Effluent Diversion Demonstration Project Studies and Reports; • Support of Rincon Bayou Diversions Studies; Exhibit B Page 3 of 4 H \HOME KEVINS\GEN\WATER\RINCON\Year5\^AwdPriorActionsExhB doc • Coordination of Studies for the Effluent Diversion Demonstration Project and the Rincon Bayou Diversions Project; and • Assistance with Nueces River Basin Feasibility Study (M2003-354). 20 November 18, 2003 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 2 to a contract with the University of Texas Marine Sciences Institute, in an amount not to exceed $191,545 for biological monitoring services associated with the Rincon Bayou Diversion Project (M2003-415). 21 November 9, 2004 — a. Motion authorizing the City Manager, or his designee, to execute a contract with the Center for Coastal Studies, Texas A&M University — Corpus Christi not to exceed $111,000 for Ammonia and Biological Monitoring associated with the Rincon Bayou Diversion Project 2004-2005 (M2005-406). b Motion authorizing the City Manager, or his designee, to execute a contract with the Division of Nearshore Research, Texas A&M University— Corpus Christi not to exceed $104,550 for Salinity and Freshwater Inflow Monitoring associated with the Rincon Bayou Diversion Project 2004-2005 (M2004-407). c. Motion authorizing the City Manager, or his designee, to execute a contract with the University of Texas Marine Sciences Institute, in an amount not to exceed $228,296 for biological monitoring services associated with the Rincon Bayou Diversion Project 2004-2005 (M2004-408). Exhibit B Page 4 of 4 H \HOMEIKEVINS\GEN\WATER\RINCON\Year5\^AwdPriorActionsExhB.doc CONTRACT SUMMARY The City of Corpus Christi, Texas, hereinafter called "City", and the Center for Coastal Studies at Texas A&M University - Corpus Christi, hereinafter called "CCS", hereby agree as follows: SERVICES TO BE PERFORMED CCS hereby agrees to perform all consulting services necessary to plan, develop, undertake, complete, and report the results of a study for: • Monthly ecological/biological monitoring at six (6) locations as described in the proposed 'Recommended Monitoring Plan for Rincon Bayou. Nueces Delta" dated July 3, 2002, • Collection of Ammonia samples of treated wastewater at the Allison Wastewater Diversion Project cells and diversion cell inspection monitoring. I SCOPE OF SERVICES GCS's services will be those necessary to provide the monitoring required deliver an annual written report corresponding to the three major tasks (Rincon Bayou Monitoring, Allison Diversion Project Monitoring, and Allison Ammonia Sampling). CCS will complete the tasks set forth by Section II.A as set forth in the research proposal attached as Exhibit A. TASKS Rincon Bayou Monitoring - To provide the necessary data to evaluate the effects of freshwater diversions from the Nueces River into Rincon Bayou, and to determine if differences exist between the diversion site and comparable non - diversion sites, the following measurement tasks will be performed: 1. Species abundance, density, diversity, distribution, and biomass of benthic macroinfauna, and sediment grain size analysis will be measured, 2. Species abundance, density, diversity, distribution, and biomass of epifaunal invertebrates, and nekton in the Nueces Delta will be measured, 3. Number and type of avian species along with habitat usage that notes location, date, and time will be monitored, 4. Physiochemical parameters that include but are not limited to water temperature, dissolved oxygen (% saturation and mg/L), pH, conductivity, and salinity will be measured. Allison Wastewater Diversion Project Monitoring CCS will perform following tasks will be performed during the collection events: 1 Inspect the entire above ground pipeline route from the Nueces River to the three diversion cells for possible leaks or operational failure; 2. Inspect all diversion cell walls for possible erosion or other failures which may hinder operations; 3. Inspect all above ground inflow valves, pipes, and discharge points within the diversion cells for any signs of operational failure; 4. Visually inspect all perimeter fencing at the project for possible breaks; 5. Conduct bird surveys of the diversion cell area; Exhibit C-1 Page 1 of 2 H: W OME\KEVINS\GEN\WATER\RINCON\Year5\AwdSumCCSExhC 1.doc CONTRACT SUMMARY The City of Corpus Christi, Texas hereinafter called "City", and the Division of Nearshore Research DNR) at Texas A&M University - Corpus Christi, hereinafter called "DNR", hereby agree as follows: SERVICES TO BE PERFORMED DNR hereby agrees to perform all consulting services necessary to plan, develop, undertake, complete, and report the results of a study for ongoing salinity monitoring efforts in the Nueces Estuary consisting of five salinity monitoring stations and one tidal/meteorological monitoring station in the Nueces River, Bay, and Rincon Delta. I SCOPE OF SERVICES DNR's services will be those necessary to provide the monitoring required deliver an annual written report :orresponding to station service including: • change of Hydrolab instruments with a freshly calibrated unit every 2 weeks; • report of all stations readings of salinity, dissolved oxygen, and water temperature, with some units also reporting Ph and water level; • making all data available in graphical and tabular format on the DNR website (http://dnr.cbi.tamucc.edu/data) within one hour of the time data were collected; and • making available printable electronic monthly progress reports on the DNR website (http://drn cbi.tamucc.edu/projects/nueces). DNR will complete the tasks set forth by Section II.A as set forth in the research proposal attached as Exhibit TASKS DNR will complete the following tasks: Nueces Bav Salinity Monitoring — Freshwater Inflow DNR will conduct Nueces Bay salinity monitoring two (2) monitoring platforms in the bay, one near Whites Point (SALT03) and the other mid bay, near the CPL power lines (SALT01), one station in the Nueces River (SALT05), and another in the delta (SALT04). Parameter measured by DNR will include salinity, conductivity, dissolved oxygen, water temperature, and pH. This is an ongoing project originating in the fall of 1991. The stations are placed in such a manner to track fresh water inflows into Nueces Bay using salinity levels and the indicator. Relief for required freshwater releases may be taken by the City if the salinity levels in Nueces Bay fall below the Upper Salinity Bounds. A daily running report http://dnr.cbi.tamucc.edu/salrel) produced by DNR shows the current freshwater relief status. Nueces Delta Diversion Project — Freshwater Inflow DNR will monitor salinity and water level is monitored at SALT08 near the mouth of the Rincon, in addition to the standard suite of measurements. The Rincon Diversion Project resulted in excavation of a channel to allow water during high flow events to pass from the Nueces River into the Rincon Delta. The next phase of the Rincon Diversion Project will result in pipeline and pump station to provide flows into the Rincon Delta during low and normal flow conditions on the Nueces River. UTMSI and CCS are presently conducting long-term biological studies of the effects of this diversion. Data from SALT08 is necessary to support studies by UTSMI and CCS. Nueces Bay Tidal and Meteorological Station The Texas Coastal Oceanic Observation Network (TCOON) operates a tidal/meteorological station (011) in the upper part of Nueces Bay at Whites Point. DNR will use precise water level measurements from this station as a reference for work by the others in the various projects in the bay, river, and delta. Station Service And Maintenance DNR will exchange freshly calibrated Hydrolab units with units on station every other week. DNR will provide post calibration and preparation units for future service. All salinity and dissolved oxygen stations consist of a Hydrolab water quality sonde, a radio, modem, and 12 volt solar power system. Exhibit C-2 Page 1 of 2 !INCV_CN\INATCpll]INIC(1RI.NoorR4A,.,a.. C, mf1NOFvht'9 DNR may separately contract a maintenance agreement to ensure the continued reliability of the Hydrolab. The maintenance agreement must ensure that the instruments deployed are as good as, or better, than factory standards Data Collection DNR will program a computer to poll each station every half hour. Five measurements will be obtained from each instrument, which are then averaged. DNR will place the hourly averages into the database and be reported on the DNR web site Daily salinity reports are produced showing the running ten and seven day averages as well as the daily average (http://dnr.cbi.tamucc.edu/salrpt). Monthly salinity in relation to the Upper and Lower Salinity bounds is found at http://dnr.cbi.tamucc.edu/salrel, which is used to determine if the City may take credit from freshwater release from the storage facilities. instrument Calibration DNR will ensure all calibration standards used are NIST traceable, and purchased from a qualified instrument maintenance company. DNR will use calibration and post -calibration methods established by the manufacturer of Hydrolab. All calibration and post -calibration records are available on the DNR website, http://dnr.cbi.tamucc.edu/calib. DNR will maintain an instrument maintenance agreement with a qualified instrument maintenance firm for each Hydrolab. Each unit will be annually inspected and refurbished. All components of the instrument will be covered under the warranty agreement and replaced as needed. Gollaboritive Monitoring DNR will provide data to support those research efforts currently being done by CCS, UTMSI, and the City B RESEARCH PLAN AND METHODS The specific research plan and methods are set forth in the Research Contract Proposal incorporated as Exhibit A of this contract. C ORDER OF SERVICES The monitoring period will be for 12 months, from October 1, 2005 through September 30, 2006. FEES AUTHORIZED The City will pay DNR a fixed fee not to exceed $112,550,000 for providing all services for 2005-2006. Exhibit C-2 Page 2 of 2 Hr\R/IC\NC-\/INC\(.CKMA/ATCIJ PINIrrTh NI\Vonr4\ LukardC�ml'1AIP Fvkfl r4nr CONTRACT SUMMARY The City of Corpus Christi, Texas, hereinafter called "City", and The University of Texas at Austin, on behalf of the Marine Sciences Institute, hereinafter collectively called "UT" hereby agree as follows: Section II, Scope of Services, Paragraph B is amended to read: B RESEARCH PLAN AND METHODS The specific research plan and methods for 2005-2006 are set forth in the Research Contract Proposal ncorporated as Exhibit A of this amendment Section 11, Scope of Services. Paragraph C, the first sentence is amended to read: PRODUCTS UT will deliver an annual written report by December 31. 2006. Section II, Scope of Services, Paragraph D is amended to read: D ORDER OF SERVICES The monitoring period will be for 12 months, from October 1, 2005 through September 30, 2006. Section III Fees Authorized, is amended to read: III FEES AUTHORIZED The City will pay UT a total fixed fee amount not to exceed $264,247 for Amendment No. 4. This fee will be full and total compensation for all services provided and expenses incurred in performing the tasks specified in Section 11. The restated total contract fee for the original contract as amended is not to exceed $968,028 for providing all services. This fee consists of: the original contract fee in the amount $118,192; a fee for Amendment No. 1 in the amount of $165,748; a fee for Amendment No. 2 in the amount of $191,545; a fee for Amendment No. 3 in the amount of 228,296, and a fee for Amendment No. 4 in the amount of $264,247. Exhibit C-3 Page 1 of 1 1 \HOME\KEVINS\GEN\WATER\RINCON\Year5\AwardSumUTMSIExhC3.doc !- le ,Mproject\councllexhrblts\exh.8443dwg. aBONTE PARK F.M 624 UECES RIVER CITY PROJECT No.8443 LOCATION MAP NOT TO SCALE EXHIBIT "D" RINCON BAYOU DIVERSION PROJECT AWARD OF CONTRACTS FOR MONITORING SERVICES CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 10-11-2005 - - w.••• 23 CITY COUNCIL AGENDA MEMORANDUM September 27, 2005 AGENDA ITEM: Ordinance authorizing the execution of a five-year Ground Lease agreement with Haas Anderson Construction, Ltd. for 3.89 acres out of 25.06 -acre tract -}-1 City property known as the Hale Pit Landfill located north of the intersection of Greenwood Road and Holly Road, to be used by the tenant for parking of construction equipment and vehicles and approving the cash rental fee of $300.00 per month, and declaring an emergency ISSUE: The City owns an abandoned landfill known as the Hala Pit located off of Greenwood Drive, north of Holly Road. This 25.06 -acre vacant tract t is not currently being used for any purposes and is suitable for parking and storage of equipment. The adjacent landowner, Haas Anderson Construction, Ltd. has approached the City to lease them 3.89 acres which abuts their property for an initial five year term. Leases of City property extending beyond one year require City Council approval. FUNDING: None required. RECOMMENDATION: Approval of the ordinance as presented. Attachments: Exhibit A. Exhibit B. Exhibit C. Background Information Location Map Lease Summary ngel R. Escobar, P. E. Director of Engineering Services ,HOMEEUSEBIOG\GEN\Agenda Items\Ground Lease Haas AndersomAgenda Memorandum.doc BACKGROUND INFORMATION SUBJECT: Proposed Ground Lease at Hala Pit Hass Anderson Construction, Ltd., Tenant PRIOR COUNCIL ACTION: None. No other leases have been executed for any this property FUTURE COUNCIL ACTION: Council will be required to approve leases for the remainder of the property, if any are proposed. OVERVIEW: This tract of land, containing 25.06 acres, was acquired by the City on March 26, 1965 from V. Hala and wife, Marie Hala. This site is located west of Greenwood Drive and north of Holly Road as shown on the attached Exhibit B. The tract was acquired primarily for landfill operations as a disposal site. The landfill was operated for such purposes until 1971. Since that time the land has not been used for any City operations. The land is completely vacant with no buildings or other improvements. A Notice of Closed Municipal Solid Waste _andfill was recorded for public record in August 2001. This notice places restrictions on the development or lease of this land as required by the Texas Health and Safety Code, Chapter 361 and Title 30, Chapter 330, Subchapters R and T, Texas Administrative Code. Since it is zoned 1-3, Heavy Industrial, the land remains suitable for surface use as a storage area of vehicles or equipment. Mr. Jim Anderson, dba Haas -Anderson Construction, Ltd., has approached the City to !ease a 3.89 acre portion of the 25.06 -acre tract. This acreage encompasses an area approximately 300 feet by 565.7 feet. Mr. Anderson co-owns a tract of land directly south and abutting the City property. The company will use this area for the restricted use of parking construction equipment and vehicles. The lease is for a five year term, payable at the negotiated price of $3,600 per year. As part of the City's requirements the lessee will erect a chain link security fence between their property and the City's remaining property. In addition, they will place a caliche base on the leased area for a parking surface. As part of the lease document, they will abide by the restrictions imposed by the Texas Health and Safety Code and the Texas Administrative Code for use of this closed landfill. ,H,:)ME\EUSEBIOG\GEN\Agenda Items\Ground Lease.Haas Anderson\Background.doc EXHIBIT A I PARCEL LOCATION r M, 43 LOCATION MAP NOT TO SCALE N PARCEL SITE (3.89 AC) VICINITY MAP NOT TO SCALE EXHIBIT B N GROUND LEASE 3.89 AC OF CITY PROPERTY (Hata Pit Landfill), OUT OF 25.06 AC OF LOT 2, SECT 5, BOHEMIAN COLONY LANDS CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE : 1 o f 1 DATE. 09-19-2005 mlw =ME wv LEASE SUMMARY Hala Pit Ground Lease, 3.89 acres ("Premises") This Ground Lease Agreement is entered into by the City of Corpus Christi Lessor') and the Hass Anderson Construction, Ltd, ("Lessee"). Lessor leases to Lessee for purposes of parking vehicles and construction equipment. Lessee may not operate the Premises for any other purpose without the City's Director of Engineering prior written approval. The leased premises consist of 3.89 acres, approximately 300 ft. by 565.7 feet, out :f the City's 25.06 -acre tract known as the Hala Pit Landfill site. 4 Lessee indemnifies Lessor from all liability, loss, damages, claims, suits, and causes of action of any nature whatsoever. Lessee will maintain a $1,000,000 General Liability Insurance policy during the term of the lease. Lessor leases to Lessee for a term of 5 years beginning October 1, 2005 and ending October 1, 2010 Lessee has the option to renew the lease for 5 more years, subject to review by City staff. The lease amount will be re-evaluated based on an appraisal of similar properties. Lessee must exercise the option to renew by giving Lessor 30 days written notice prior to expiration of the current lease. Lessee agrees to pay Lessor an amount of $300 per month payable on the first of the month, beginning on the effective date of the lease which is October 1, 2005. Lessee may not make any alterations, additions, or improvements to the Premises with the prior written consent of the City Manager, or his designee. 10. Lessee may not assign, encumber, or sublease the Premises without the prior written consent of the City Manager, or his designee. 1 1 Lessee shall comply with all Federal, State, and local laws, ordinances, rules, and regulations. 12. Lessee acknowledges that all or portions of the Premises were a closed municipal solid waste landfill. Lessee acknowledges receipt and acceptance of a notice required by Section 361.539 of the Texas Health and Safety Code, the Texas Commission on Environmental Quality (TCEQ) rules, Section 330.962, Title 30, and the Texas Administrative Code, Title 30, Part 1, Chapter 330, Subchapter T. \HOME\EUSEBIOG\GEN\Agenda Items\Ground Lease.Haas Anderson\Lease Summary.doc EXHIBIT C AN ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE A FIVE-YEAR GROUND LEASE WITH HAAS ANDERSON CONSTRUCTION, LTD. FOR 3.89 ACRES OUT OF 25.06 ACRE TRACT OF CITY PROPERTY KNOWN AS THE HALA PIT LANDFILL LOCATED NORTH OF THE INTERSECTION OF GREENWOOD ROAD AND HOLLY ROAD, TO BE USED BY THE TENANT FOR PARKING OF CONSTRUCTION EQUIPMENT AND VEHICLES AND APPROVING THE CASH RENTAL FEE OF $300.00 PER MONTH; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. That the City Manager, or his designee, is hereby authorized to execute a five-year ground lease with Haas Anderson Construction, Ltd. for 3.90 acres out of a 25 06 acre tract of city property known as the Hala Pit Landfill located north of the intersection of Greenwood Road and Holly Road, to be used by the tenant for parking of construction equipment and vehicles and approving the cash rental fee of $300.00 per month. A copy of the lease is on file with the City Secretary. 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 27th day of September, 2005. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Henry Garrett City Secretary Mayor Approved L L . , 2005 By: Joseph Harney Assistant City Attorne For City Attorney H'J{OMI EUSEBIOG\GEN\Agenda Items\Ground Lease.Haas Anderson\ORD-Lse-HalaPit.doc Corpus Christi, Texas day of , 2005 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, Henry Garrett, Mayor City of Corpus Christi Council Members The above ordinance was passed by the following vote: Henry Garrett Brent Chesney Melody Cooper Jerry Garcia Bill Kelly Rex A. Kinnison John E Marez Jesse Noyola Mark Scott 11 HOMEIEUSEBIOG\GEN,Agenda Items\Ground Lease.Haas Anderson\ORD-Lse-HalaPit.doc 24 CITY COUNCIL AGENDA MEMORANDUM October 11, 2005 AGENDA ITEM: Motion authorizing the City Manager or his designee to execute a Right of \Nay and Utility Easement instrument with Patricia Peterson Nuss and Christy Ann Peterson Brown collectively dba Related Investors, Ltd., for the acquisition of Parcel 501A in the total amount of $52,896.83, containing a Utility, Right of Way, and Temporary Construction Easement, necessary for the Southside Water Transmission Main, Phase 5, Project #8391, and for other municipal purposes. ISSUE: Acquisition of the Southside Water Transmission Main is underway for Phase 5 as shown on Exhibit C. This phase will extend the water main from the Rodd Field Road/Yorktown Boulevard intersection southeasterly to the Laguna Madre at the end of Whiteley Street. On December 17, 2002, City Council approved an engineering services contract with Urban Engineering for permitting, design and acquisition of the required right- of-way. The City's sub -contractor, Right of Way Services, Inc., has acquired Parcel 501A in the total amount of $52,896.83, which requires City Council approval. FUNDING: Water CIP 550701-4475-00000-180184 RECOMMENDATION: Approval of the motion as presented. Attachments: Exhibit A Exhibit B Exhibit C Exhibit D Background Information Prior Council Action Route Map Parcel Location Map P)c --`1"1"e4 ngel R. Escobar, P. E. Director of Engineering Services \HOME\EUSEBIOG\GEN\Agenda Items\SS Water Trans Ph 5. Related Investors Ltd\Agenda Memorandum.doc BACKGROUND INFORMATION SUBJECT: Southside Water Transmission Main, Phase 5 Acquisition of Parcel 501A PRIOR COUNCIL ACTION: See Exhibit B FUTURE COUNCIL ACTION: Council will be required to: authorize contracts and expenditure of funds from the Water Capital Projects Fund (Commercial Paper) which exceed $25,000; and authorize the payment of any Special Commissioners' Awards in connection with acquisition of any parcels acquired by condemnation in Phase 5. OVERVIEW: Project Background: The Council -approved 1997 Water Distribution System MasterPlan Update recommended a new Southside Transmission Main from the O.N. Stevens Water treatment Plant (ONSWTP) to a new pumping plant on South Staples. This new line will alleviate inadequate water supply and pressure problems experienced during peak demand periods in Pressure Zone 2, the area southeast of Everhart Road. In addition, the transmission main is necessary to increase the hydraulic capacity of the delivery system `rom the ONSWTP to southeast Corpus Christi and eventually to Padre Island. It will be the primary supply source for the Staples Street Pumping Plant. Phases 1 through 3 of the waterline have been constructed which extend the waterline from the O.N. Stevens Water Treatment plant to the South Staples Water Pumping Plant. Construction is near completion for Phases 4 and 4a which will extend the water transmission line from the South Staples plant to Holly Road. Parcel acquisition is :;urrently in progress for Phase 5 as shown on the attached Exhibit C. Parcel Description: Parcel 501A is composed of a right of way easement, utility easement, and a temporary construction easement all fronting along Yorktown Boulevard as shown on the attached Exhibit D. The easements are of various widths and consist of a twenty-five (25) foot wide right-of-way easement, a fifteen (15) foot wide utility easement, and a fifty (50) foot wide temporary construction easement. All are parallel to each other and extend a total length of approximately 745 feet long. The subject property is zoned B - 'Neighborhood Business Dirstrict" and lies within the city limits of Corpus Christi. Thomas F. Dorsey, MAI, appraised the easements in the total amount of $51,800 based on a $1.50 per square foot commercial value. Parcel Negotiations: Right of Way Services, Inc. (ROWS), the City's acquisition agent, has concluded negotiations with the landowners in which they have agreed on an administrative settlement of $52,896.83. It is in the best interest of the City to settle at this amount in order to avoid a delayed condemnation suit. Since this is an easement acquisition, no title company is required for closing. \HOME\EUSEBIOG\GEN\Agenda Items\SS Water Trans.Ph 5. Related Investors Ltd\Background.doc EXHIBIT A PRIOR COUNCIL ACTION SUBJECT: Southside Water Transmission Main, Phase 5 Acquisition of Parcel 501A September 9, 1997 - Approval of a motion to amend Section 4 of the Master Water Plan (M97-246) September 9, 1997 - Approval of amendment of the City of Corpus Christi Comprehensive Plan by amending the Master Water Plan (Ordinance No. 023050). December 16, 1997 - Approval of the FY97-98 Capital Budget (Ord. No. 023174). June 16, 1998 - Award of an engineering services contract in the amount of $706,140 to Urban Engineering for the Southside Transmission Main - O.N. Stevens Plant to Clarkwood Road (M98-208). September 22, 1998 - Approval of Amendment No. 1 in the amount of $298,505 to the contract with Urban Engineering expanding the scope of engineering services for the Southside Transmission Main - Stevens Plant to Clarkwood Road project to include the Staples Street Pumping Plant - New Pumping Plant and Storage Reservoir (M98-327). September 9, 1998 — Approval of a Testing Agreement in the amount of $32,822.65 with Trinity Engineering Co. for testing services for Southside Transmission Main - O.N. Stevens Plant to Clarkwood Road (M98-328). November 10, 1998 - Approval of the FY98-99 Capital Budget (Ord. No. 023474). March 23, 1999 - Approval of site selection and authorization to proceed with acquisition (M99-078). March 23, 1999 - Amendment to the FY98-99 Capital Budget to revise the scope of the Staples Street Pumping Plant project by accelerating a portion of the South Staples 42" Southside Transmission Main from the proposed Staples Street Pumping Plant to Yorktown Road (Ord. No. 023592). 10 March 23, 1999 - Approval of Amendment No. 3 in the amount of $55,250 to the contract with Urban Engineering expanding the scope of engineering services for the Southside Transmission Main (Stevens Plant to Clarkwood Road Project): Staples Street Pumping Plant - New Pumping Plant and Storage Reservoir to include related additional engineering services for a 42 -inch waterline from the new pumping plant at South Staples and County Road 43 to the existing 16 -inch waterline near Country Creek (M99-079). 11 May 18, 1999 - Award of purchasing contract to A&H Enterprises for two horizontal split case centrifugal pumps for Staples Street Pumping Plant, Contract 2 (M99- 142). 12 May 25, 1999 - Approval of condemnation proceedings for Parcel No. 1 (Res. M023645). 13. June 22, 1999 - Award of construction contract to Pre -Load, Inc. for Staples Street Pumping Plant, Contract 1 - 7.5 Million Gallon Storage Reservoir (M99-189). 14 July 20, 1999 - Approval of FY99-00 Capital Budget (Ord. No. 023703). 15 September 28, 1999 - Award of construction contract to Garney Company, Inc. for 42" Waterline from New Pumping Plant at So. Staples and County Road 43 to existing 16" Waterline Near Country Creek for Staples Street Pumping Plant, EXHIBIT B 1 of 4 Contract 4 (M99-342) 6 October 19, 1999 - Award of construction contract to Lambda Construction for Staples Street Pumping Plant, Contract 3 - Pump Station and Site Work (M99-361). April 11, 2000 - Approval of acquisition of Parcel No. 21 for $16,535 in connection with the Southside Transmission Main - Stevens Plant to Clarkwood Road project (M2000-106)_ April 18, 2000 - Authorizing the condemnation of Parcels 19,24,28,29, and 30 in connection with the Southside Transmission Main -•- Stevens Plant to Clarkwood Road project. (Resolution #024014). 9 September 9, 2000 - Authorizing the condemnation of Parcels 8 and 9 in connection with the Southside Transmission Main - Stevens Plant to Clarkwood Road project. (Resolution #024213). 20 September 19,2000 - Approval of acquisition of Parcels No. 19,24,28,29 and 30 for $55,000 in connection with the Southside Transmission Main - Stevens Plant to Clarkwood Road project (M2000-332). 21 December 12, 2000 - Award of construction contract to Pate & Pate Enterprises for construction of the new 60" waterline in connection with the Southside Transmission Main - Stevens Plant to Clarkwood Road project for a fee not to exceed $8,605,411. (Motion M2000-434). :'2 December 12, 2000 -- Award of a testing agreement with Trinity Engineering for testing of the new 60" waterline in connection with the Southside Transmission Main - Stevens Plant to Clarkwood Road project for a fee not to exceed $213,560. (Motion M2000-435). 23 February 13,2001 - Approval of acquisition of Parcels No. 31a and 31b for $28,291 in connection with the Southside Transmission Main - Stevens Plant to Clarkwood Road project (M2000-060). 24 April 17, 2001 - Motion authorizing the payment of the Special Commissioners' condemnation award of $7,604 for the acquisition of Parcels 8 and 9 located south of Callicoate Estates Unit 4 in connection with the Southside Water Transmission Main project, Phase 1 - O.N. Stevens Plant to Clarkwood. 25 April 24, 2001 - Motion authorizing the City Manager, or his designee, to execute An engineering services contract in the amount of $1,247,003.00 with Urban Engineering for Southside Transmission Main, Phases 2, 2a & 3. (M2001-162) 26 June 25, 2002 - Motion authorizing the City Manager or his designee to execute an amendment to an engineering services contract with Urban Engineering of Corpus Christi, Texas in the amount of $454,125 for the Southside Water Transmission Main, Phases 2,2a, and 3 and the Southside Gas Transmission Main, Parts B and C. (M2002-180) 26 December 17, 2002 - Motion authorizing the City Manager of his designee to execute an engineering services contract with Urban Engineering of Corpus Christi, Texas in the amount of $1,824,742 for the Southside Transmission Water Main, Phases 4, 4a, and 5. (M2002-419) 27 January 14, 2003 - Motion authorizing the City Manager, or his designee, to execute a construction contract with Garney Companies, Ltd., of Kansas City, Missouri, for a total fee not to exceed $15,844,698.58 for the Southside Water Transmission Main, Phases 2, 2a, and 3. (Motion No. 2003-019) 28 November 11, 2003 - Resolution recognizing the public necessity of acquiring utility and construction easements for the Southside Water Transmission Main project, EXHIBIT B 2 of 4 Phases 4,4a,and 5, for utility and other municipal purposes in connection with said project; and authorizing acquisition by means of negotiations or eminent domain proceedings by the City of Corpus Christi or its agents in acquiring said easements. (Resolution No. 025547 March 30, 2004 - Motion authorizing the City Manager or his designee to execute a Utility Easement instrument with Eloy H. Salazar and Ricardo A. Martinez, in the amount of $25,080, for Parcel 406, necessary for the Southside Water Transmission Main, Phase 4, Project, (#8390), and for other municipal purposes. (Motion No. M2004-125) ) April 13, 2004 - Motion authorizing the City Manager or his designee to execute two Utility Easement instruments with Ann Hardy Bratton, Individually and as Independent Executrix of the Estate of Mark P. Bratton, for Parcels 401 and 411, in the total amount of $41,937, both parcels necessary for the Southside Water Transmission Main, Phase 4a, Project, (#8425), and for other municipal purposes. (Motion No. 2004-141) May 18, 2004 - Motion authorizing the City Manager or his designee to execute two Utility Easement instruments with Ronald S. Browning, for Parcels 415 and 416, in the total amount of $31,290, both parcels necessary for the Southside Water Transmission Main, Phase 4a, Project, (#8425), and for other municipal purposes. (Motion No. 2004-183) 32 June 15, 2004 - Motion authorizing the City Manager or his designee to execute a Utility Easement instrument with Frank T Shumate, Jr. , for Parcel 402B, in the total amount of $30,000, necessary for the Southside Water Transmission Main, Phase 4. Project 8390, and for other municipal purposes (Motion No. 2004-217) 33 August 24, 2004 - Motion authorizing payment of the Special Commissioners' condemnation award of $31,505.63 for the acquisition of Parcels 429, 436, and 437, each containing a Utility and Temporary Construction Easement, all located along Rodd Field Road between Wooldridge Road and Saratoga Boulevard, necessary for the Southside Water Transmission Main, Phase 4a, Project #8425, and for other municipal purposes. (Motion No. 2004-321) >4 October 12, 2004 - Motion authorizing the City Manager or his designee to execute a Utility Easement instrument with L&L Family Partnership, Ltd., for Parcel 428, in the total amount of $35,000, necessary for the Southside Water Transmission Main, Phase 4a, Project #8425, and for other municipal purposes. (Motion No. 2004-378) 35 December 21, 2004 - Motion authorizing the City Manager or his designee to execute a Utility Easement instrument with COF Construction, L.P. aka COF Corporation, for the acquisition of Parcel 402a in the amount of $48,738, containing both a Utility and Temporary Construction Easement, necessary for the Southside Water Transmission Main, Phase 4, Project #8390, and for other municipal purposes. (Motion No. 2004-464) 36 July 19, 2005 - Amending Resolution No. 025547 recognizing the public necessity of acquiring utility, right-of-way and construction easements for the Southside Water Transmission Main Project, Phases 5, for utility and other municipal purposes in connection with said project; and authorizing acquisition by means of negotiations or eminent domain proceedings by the City of Corpus Christi or its agents in acquiring said easements; and revising the list of properties along the route due to rerouting of the pipeline at Yorktown Boulevard and Waldron Road. (Reso. No. 026344) 37 July 26, 2005 - Motion authorizing the City Manager or his designee to execute a EXHIBIT B 3 of 4 Right of Way and Utility Easement instrument with Patricia Wallace, Trustee #2, for the acquisition of Parcel 502B in the total amount of $41,000, containing a Utility, Right of Way, and Temporary Construction Easement, necessary for the Southside Water Transmission Main, Phase 5, Project #8391, and for other municipal purposes. (Motion No. 2005-243) September 20, 2005 — Motion authorizing the City Manager or his designee to execute a Right of Way and Utility Easement instrument with Theodore Dimopoulos for the acquisition of Parcel 520 in the total amount of $25,000, containing a Utility, Right of Way, and Temporary Construction Easement, necessary for the Southside Water Transmission Main, Phase 5, Project #8391, and for other municipal purposes. (Motion No. 2005-330) ME\EUSEBIOG\GEN\Agenda Items\SS Water Trans.Ph 5 Related Investors Ltd\Prior Council Action.doc EXHIBIT B 4 of 4 alp 4♦ Ll. E> 117 00011 NtlirldVHD L�J NEW ROUTE CL O w 0 U O J o t'li aa0nrnd -... aorr.aav� �a ema- T aM 3f3I1�+3A u1, it rid .no1nj aeodtiiivmrn O PROJECT No. 8274,8389 & 8276 EXHIBIT "C" 421111 DEPART DATE' 03/25/2004 CITY OF CORPUS CHRISTI, TEXAS PARCEL LOCATION LOCATION MAP NOT TO SCALE CAYO DEL OSO CITY PROJECT No. 8391 SOUTHSIDE WATER TRANSMISSION MAIN PHASE 5 (Parcel 501A) coRPu cut, I xn CITY COUNCIL EXHIBIT DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 09-30-2005 1111 w.i 25 CITY COUNCIL AGENDA MEMORANDUM October 11, 2005 AGENDA ITEM: Motion authorizing the City Manager or his designee to execute a Right of `,Nay and Utility Easement instrument with Jonny Salomonsen and wife Vicki Salomonsen, for the acquisition of Parcel 528 in the total amount of $58,000, containing a Utility, Right of Way, and Temporary Construction Easement, necessary for the Southside Water Transmission Main, Phase 5, Project #8391, and for other municipal purposes. ISSUE: Acquisition of the Southside Water Transmission Main is underway for Phase 5 as shown on Exhibit C. This phase will extend the water main from the Rodd Field Road/Yorktown Boulevard intersection southeasterly to the Laguna Madre at the end of Whiteley Street. On December 17, 2002. City Council approved an engineering services contract with Urban Engineering for permitting, design and acquisition of the required right- of-way. The City's sub -contractor, Right of Way Services, Inc., has acquired Parcel 528 in the total amount of $58.000. which requires City Council approval. FUNDING: Water CIP 550701-4475-00000-180184 RECOMMENDATION: Approval of the motion as presented. ngel R. Escobar, P. E. Director of Engineering Services Attachments: Exhibit A. Background Information Exhibit B. Prior Council Action Exhibit C. Route Map Exhibit D. Parcel Location Map HOME\EUSEBIOG\GEN\Agenda Items\SS Water Trans Ph 5. Salomonsen\Agenda Memorandum.doc BACKGROUND INFORMATION SUBJECT: Southside Water Transmission Main, Phase 5 Acquisition of Parcel 528 PRIOR COUNCIL ACTION: See Exhibit B FUTURE COUNCIL ACTION: Council will be required to: authorize contracts and expenditure of funds from the Water Capital Projects Fund (Commercial Paper) which exceed $25,000; and authorize the payment of any Special Commissioners' Awards in connection with acquisition of any parcels acquired by condemnation in Phase 5. OVERVIEW: Project Background: The Council -approved 1997 Water Distribution System MasterPlan Update recommended a new Southside Transmission Main from the O.N. Stevens Water Treatment Plant (ONSWTP) to a new pumping plant on South Staples. This new line will alleviate inadequate water supply and pressure problems experienced during peak demand periods in Pressure Zone 2, the area southeast of Everhart Road. In addition, the transmission main is necessary to increase the hydraulic capacity of the delivery system from the ONSWTP to southeast Corpus Christi and eventually to Padre Island. It will be the primary supply source for the Staples Street Pumping Plant. Phases 1 through 3 of the waterline have been constructed which extend the waterline from the O.N. Stevens Water Treatment plant to the South Staples Water Pumping Plant. Construction is near completion for Phases 4 and 4a which will extend the water transmission line from the South Staples plant to Holly Road. Parcel acquisition is currently in progress for Phase 5 as shown on the attached Exhibit C. Parcel Description: Parcel 528 is composed of a right of way easement, utility easement, and a temporary construction easement all fronting along Waldron Road as shown on the attached Exhibit D. The easements are of various widths and consist of a twenty-seven and a half (27.5) foot wide right-of-way easement, a fifteen (15) foot wide utility easement, and a variable width temporary construction easement ranging from twenty (20) to fifty (50) foot wide. All are parallel to each other and extend a total length of approximately 1,252 teet long. The subject property is zoned R-1 B "Single Family District" and lies within the city limits of Corpus Christi. Thomas F. Dorsey, MAI, appraised the easements and damages in the total amount of $46,100 based on $15,000 per acre. An additional amount of $11,650 was added to the offer to include temporary livestock fencing, gates, and other necessities to permit construction within the livestock pasture. Parcel Negotiations: Right of Way Services, Inc. (ROWS), the City's acquisition agent, has concluded negotiations with the landowner and they have agreed on an administrative settlement of $58,000. It is in the best interest of the City to settle at this amount in order to avoid a delayed condemnation suit. Since this is an easement acquisition, no title company is required for closing. \HOME\EUSEBIOG\GEN\Agenda Items\SS Water Trans.Ph 5. Salomonsen\Background.doc EXHIBIT A PRIOR COUNCIL ACTION SUBJECT: Southside Water Transmission Main, Phase 5 Acquisition of Parcel 528 September 9, 1997 - Approval of a motion to amend Section 4 of the Master Water Plan (M97-246) September 9, 1997 - Approval of amendment of the City of Corpus Christi Comprehensive Plan by amending the Master Water Plan (Ordinance No. 023050). December 16, 1997 - Approval of the FY97-98 Capital Budget (Ord. No. 023174). 4 June 16, 1998 - Award of an engineering services contract in the amount of $706,140 to Urban Engineering for the Southside Transmission Main - O.N. Stevens Plant to Clarkwood Road (M98-208). September 22, 1998 - Approval of Amendment No. 1 in the amount of $298,505 to the contract with Urban Engineering expanding the scope of engineering services for the Southside Transmission Main - Stevens Plant to Clarkwood Road project to include the Staples Street Pumping Plant - New Pumping Plant and Storage Reservoir (M98-327). 6 September 9, 1998 — Approval of a Testing Agreement in the amount of $32,822.65 with Trinity Engineering Co. for testing services for Southside Transmission Main - O.N. Stevens Plant to Clarkwood Road (M98-328). 7 November 10, 1998 - Approval of the FY98-99 Capital Budget (Ord. No. 023474). 3 March 23, 1999 - Approval of site selection and authorization to proceed with acquisition (M99-078). March 23, 1999 - Amendment to the FY98-99 Capital Budget to revise the scope of the Staples Street Pumping Plant project by accelerating a portion of the South Staples 42" Southside Transmission Main from the proposed Staples Street Pumping Plant to Yorktown Road (Ord. No. 023592). 10 March 23, 1999 - Approval of Amendment No. 3 in the amount of $55,250 to the contract with Urban Engineering expanding the scope of engineering services for the Southside Transmission Main (Stevens Plant to Clarkwood Road Project): Staples Street Pumping Plant - New Pumping Plant and Storage Reservoir to include related additional engineering services for a 42 -inch waterline from the new pumping plant at South Staples and County Road 43 to the existing 16 -inch waterline near Country Creek (M99-079). 1 May 18, 1999 - Award of purchasing contract to A&H Enterprises for two horizontal split case centrifugal pumps for Staples Street Pumping Plant, Contract 2 (M99- 142). 12 May 25, 1999 - Approval of condemnation proceedings for Parcel No. 1 (Res. M023645). 13 June 22, 1999 - Award of construction contract to Pre -Load, Inc. for Staples Street Pumping Plant, Contract 1 - 7.5 Million Gallon Storage Reservoir (M99-189). 14 July 20, 1999 - Approval of FY99-00 Capital Budget (Ord. No. 023703). 15 September 28, 1999 - Award of construction contract to Garney Company, Inc. for 42" Waterline from New Pumping Plant at So. Staples and County Road 43 to existing 16" Waterline Near Country Creek for Staples Street Pumping Plant, EXHIBIT B 1 of 4 Contract 4 (M99-342). '6 October 19, 1999 - Award of construction contract to Lambda Construction for Staples Street Pumping Plant, Contract 3 - Pump Station and Site Work (M99-361). April 11, 2000 - Approval of acquisition of Parcel No. 21 for $16,535 in connection with the Southside Transmission Main - Stevens Plant to Clarkwood Road project (M2000-106) 3 April 18, 2000 - Authorizing the condemnation of Parcels 19,24,28,29, and 30 in connection with the Southside Transmission Main - Stevens Plant to Clarkwood Road project. (Resolution #024014). '9 September 9, 2000 - Authorizing the condemnation of Parcels 8 and 9 in connection with the Southside Transmission Main - Stevens Plant to Clarkwood Road project. (Resolution #024213). 20 September 19,2000 - Approval of acquisition of Parcels No. 19,24,28,29 and 30 for $55,000 in connection with the Southside Transmission Main - Stevens Plant to Clarkwood Road project (M2000-332). 1 December 12, 2000 - Award of construction contract to Pate & Pate Enterprises for construction of the new 60" waterline in connection with the Southside Transmission Main - Stevens Plant to Clarkwood Road project for a fee not to exceed $8,605,411. (Motion M2000-434). 22 December 12, 2000 - Award of a testing agreement with Trinity Engineering for testing of the new 60" waterline in connection with the Southside Transmission Main - Stevens Plant to Clarkwood Road project for a fee not to exceed $213,560. (Motion M2000-435). 3 February 13,2001 - Approval of acquisition of Parcels No. 31a and 31b for $28,291 in connection with the Southside Transmission Main - Stevens Plant to Clarkwood Road project (M2000-060). 24 April 17, 2001 - Motion authorizing the payment of the Special Commissioners' condemnation award of $7,604 for the acquisition of Parcels 8 and 9 located south of Callicoate Estates Unit 4 in connection with the Southside Water Transmission Main project, Phase 1 - O.N. Stevens Plant to Clarkwood. 25 April 24, 2001 - Motion authorizing the City Manager, or his designee, to execute An engineering services contract in the amount of $1,247,003.00 with Urban Engineering for Southside Transmission Main, Phases 2, 2a & 3. (M2001-162) 26 June 25. 2002 - Motion authorizing the City Manager or his designee to execute an amendment to an engineering services contract with Urban Engineering of Corpus Christi, Texas in the amount of $454,125 for the Southside Water Transmission Main, Phases 2,2a, and 3 and the Southside Gas Transmission Main, Parts B and C. (M2002-180) 26 December 17, 2002 - Motion authorizing the City Manager of his designee to execute an engineering services contract with Urban Engineering of Corpus Christi, Texas in the amount of $1,824,742 for the Southside Transmission Water Main, Phases 4, 4a, and 5. (M2002-419) 27 January 14, 2003 - Motion authorizing the City Manager, or his designee, to execute a construction contract with Garney Companies, Ltd., of Kansas City, Missouri, for a total fee not to exceed $15,844,698.58 for the Southside Water Transmission Main, Phases 2, 2a, and 3. (Motion No. 2003-019) 28 November 11, 2003 - Resolution recognizing the public necessity of acquiring utility and construction easements for the Southside Water Transmission Main project, EXHIBIT B 2 of 4 Phases 4,4a,and 5, for utility and other municipal purposes in connection with said project; and authorizing acquisition by means of negotiations or eminent domain proceedings by the City of Corpus Christi or its agents in acquiring said easements. (Resolution No. 025547 March 30, 2004 - Motion authorizing the City Manager or his designee to execute a Utility Easement instrument with Eloy H Salazar and Ricardo A. Martinez, in the amount of $25,080, for Parcel 406, necessary for the Southside Water Transmission Main, Phase 4, Project, (#8390), and for other municipal purposes. (Motion No. M2004-125) 30 April 13, 2004 - Motion authorizing the City Manager or his designee to execute two Utility Easement instruments with Ann Hardy Bratton, Individually and as Independent Executrix of the Estate of Mark P. Bratton, for Parcels 401 and 411, in the total amount of $41,937, both parcels necessary for the Southside Water Transmission Main, Phase 4a, Project, (#8425), and for other municipal purposes. (Motion No. 2004-141) 31 May 18, 2004 - Motion authorizing the City Manager or his designee to execute two Utility Easement instruments with Ronald S. Browning, for Parcels 415 and 416, in the total amount of $31,290, both parcels necessary for the Southside Water Transmission Main, Phase 4a, Project, (#8425), and for other municipal purposes. (Motion No. 2004-183) 32 June 15, 2004 - Motion authorizing the City Manager or his designee to execute a Utility Easement instrument with Frank T. Shumate, Jr. , for Parcel 402B, in the total amount of $30,000, necessary for the Southside Water Transmission Main, Phase 4, Project 8390, and for other municipal purposes (Motion No. 2004-217) 13 August 24, 2004 - Motion authorizing payment of the Special Commissioners' condemnation award of $31,505.63 for the acquisition of Parcels 429, 436, and 437, each containing a Utility and Temporary Construction Easement, all located along Rodd Field Road between Wooldridge Road and Saratoga Boulevard, necessary for the Southside Water Transmission Main, Phase 4a, Project #8425, and for other municipal purposes. (Motion No. 2004-321) 34 October 12, 2004 - Motion authorizing the City Manager or his designee to execute a Utility Easement instrument with L&L Family Partnership, Ltd., for Parcel 428, in the total amount of $35,000, necessary for the Southside Water Transmission Main, Phase 4a, Project #8425, and for other municipal purposes. (Motion No. 2004-378) j5 December 21, 2004 - Motion authorizing the City Manager or his designee to execute a Utility Easement instrument with COF Construction, L.P. aka COF Corporation, for the acquisition of Parcel 402a in the amount of $48,738, containing both a Utility and Temporary Construction Easement, necessary for the Southside Water Transmission Main, Phase 4, Project #8390, and for other municipal purposes. (Motion No. 2004-464) 36 July 19, 2005 - Amending Resolution No. 025547 recognizing the public necessity of acquiring utility, right-of-way and construction easements for the Southside Water Transmission Main Project, Phases 5, for utility and other municipal purposes in connection with said project; and authorizing acquisition by means of negotiations or eminent domain proceedings by the City of Corpus Christi or its agents in acquiring said easements; and revising the list of properties along the route due to rerouting of the pipeline at Yorktown Boulevard and Waldron Road. (Reso. No. 026344) 57 July 26, 2005 - Motion authorizing the City Manager or his designee to execute a EXHIBIT B 3 of 4 Right of Way and Utility Easement instrument with Patricia Wallace, Trustee #2, for the acquisition of Parcel 502B in the total amount of $41,000, containing a Utility, Right of Way, and Temporary Construction Easement, necessary for the Southside Water Transmission Main, Phase 5, Project #8391, and for other municipal purposes. (Motion No. 2005-243) 8 September 20, 2005 — Motion authorizing the City Manager or his designee to execute a Right of Way and Utility Easement instrument with Theodore Dimopoulos for the acquisition of Parcel 520 in the total amount of $25,000, containing a Utility, Right of Way, and Temporary Construction Easement, necessary for the Southside Water Transmission Main, Phase 5. Project #8391, and for other municipal purposes. (Motion No. 2005-330) 'HOME IEUSEBIO&GEN\Agenda Items SS Water Trans.Ph 5. Salomonsen\Prior Council Action.doc EXHIBIT B 4 of 4 +az r .L /c/ X 1 a'? NEW ROUTE l rM /6: ��� a00nrau13 / Nz Hint,: j u ">[21V- GVBd NVNdVHJ -- --- -o-- --- 0 0 PROJECT No. 8274,8389 & 8276 42111 I'' S CITY COUNCIL EXHIBIT 00 w U 00 0l DEPARTMENT OF ENGINEERING DATE: 03/25/2004 C ti cc ec W W crs CITY OF CORPUS CHRISTI, TEXAS itti, FLAP__ PARCEL LOCATION LOCATION MAP NOT TO SCALE VICINITY MAP CITY PROJECT No. 8391 EXHIBIT "D" SOUTHSIDE WATER TRANSMISSION MAIN PHASE 5 (Parcel 528) CITY COUNCIL EXHIBIT 0H--4RTMENT Of ENGINEERING SERVICES PAGE: 1 of 1 COkr_ Hh''_ EXA; DATE: 09-30-2005 IMMIF NUMB =NOV MOM UMW wv 26 AGENDA MEMORANDUM City Council Action Date: October 11, 2005 SUBJECT: Rand Morgan Road (FM 2292) Improvements • from State Highway 44 to Leopard Street (Project No. 6085) • from Leopard Street to IH 37 (Project No. 6241) ADVANCE FUNDING AGREEMENT AGENDA ITEM: Resolution authorizing the City Manager or his designee to enter into a Local Project Advance Funding Agreement (LPAFA) for Rand Morgan Road improvements made by and between the State of Texas, acting by and through the Texas Department of Transportation, hereinafter called the "State", and the City of Corpus Christi. ISSUE: The State of Texas, acting through the Texas Department of Transportation, has agreed to enter in an Advance Funding Agreement with the City of Corpus Christi for the Rand Morgan Road (FM 2292) Improvements Project. The City's participation is to provide the right-of-way required and also any utility adjustments and/or relocation costs. FUNDING: Funding from the City of Corpus Christi is not required for the Advance Funding Agreement. RECOMMENDATION: Staff recommends approval of the resolution as presented. Additional Support Material: Exhibit "A" Background Information Exhibit "B" Advance Funding Agreement Exhibit "C" Location Map ,+'HOMENRachelIe\GEN\TXDOT'AFA- Rand Morgan\AGENDA MEMO. don el R. Escobar, P.E. irector of Engineering Services BACKGROUND INFORMATION SUBJECT: Rand Morgan Road (FM 2292) Improvements • from State Highway 44 to Leopard Street (Project No. 6085) • from Leopard Street to IH 37 (Project No. 6241) ADVANCE FUNDING AGREEMENT PRIOR COUNCIL ACTION: Mav 20, 2003 — Ordinance appropriating $434,540 from the unappropriated interest earnings from Water 1994 CIP Fund 4081; transferring to and appropriating in Water CIP Fund 4080 for the relocation of a Water Line on Rand Morgan Road (FM 2292) from Leopard Street to McNorton Street; amending capital budget adopted by Ordinance No. 025144 by increasing appropriations by $434,540. (Ordinance No. 025300) May 20, 2003 - Motion authorizing the City Manager, or his designee, to execute an emergency procurement with Bay Ltd. for $434,540.00 for the water line relocation project on Rand Morgan Road (FM 2292) from Leopard Street to McNorton Street. (Motion No. M2003-186) 3 October 19, 2004 — Resolution recognizing the public necessity of acquiring fee simple title to a tract of land containing 1,693.14 square feet out of Lot 20, Block 1, Guth Parkside Addition, known as Parcel 1, from the owner, Jim Srp Jr., for the construction of street improvements in connection with the Rand Morgan Road (Leopard to IH 37) Street Improvement 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 land. (Resolution No. 025993) PRIOR ADMINISTRATIVE ACTION: 1, February 23, 2003 — Administrative approval of Small A/E Agreement with HDR Engineering, Inc. in the amount of $24,846 for the water line relocation project on Rand Morgan (FM 2292) from Leopard Street to McNorton Street. 2. September 9, 2003 - Administrative approval of Change Order No. 1 to the Construction Contract with Bay, Ltd. in the amount of $2,760 for the water line relocation project on Rand Morgan Road (FM 2292) from Leopard Street to McNorton Street. 3. January 8, 2004 — Administrative approval of Change Order No. 2 to the Construction Contract with Bay, Ltd. In the amount of $4,080 for the water line relocation project on Rand Morgan Road (FM 2292) from Leopard Street to McNorton Street. FUTURE COUNCIL ACTION: Council will be required to authorize the payment of any special commissioner awards due to condemnation proceedings. PROJECT BACKGROUND: In January 2003, the Tuloso-Midway Independent School District opened a new intermediate school within the Northwest Crossing Subdivision, west of Rand Morgan Road (FM 2292). Residents expressed concerns over children pedestrian ERaaelle\GEN\TXGOT\AFA - Rand MorgamAgenda Background.doc EXHIBIT "A" Page 1 of 3 safety issues on the narrow two-lane roadway on Rand Morgan Road (FM 2292) and increased traffic volumes. The Texas Department of Transportation (TXDOT) responded by accelerating the section in front of the school in March 2003. The widened section of the roadway on Rand Morgan Road (FM 2292) from Leopard Street to McNorton Street resulted in the relocation of the new roadside ditch over the existing 16 -inch water line. On May 20, 2003, the City awarded an emergency procurement with Bay, Ltd. to relocate the 16 -inch water line on Rand Morgan Road (FM 2292) from Leopard Street to McNorton Street. This project consisted of the installation of 4,600 linear feet of 16 -inch PVC water line, with associated fire hydrants and appurtenances, along the west side of Rand Morgan Road (FM 2292) from Leopard Street to McNorton Street. This project is complete and it was accepted by the City Manger's Office on March 2, 2004. The existing road section on Rand Morgan Road (FM 2292) is as follows: 1 From State Highway 44 to Leopard Street — the existing roadway is a two-lane rural - type road, one lane of travel in each direction. The road has storm water ditches on each side; there is no sidewalk, curb, gutter, or storm water improvements, 2. From Leopard Street to IH 37 — the existing roadway is a two-lane rural -type road, one lane of travel in each direction. The road has storm water ditches on each side; there is no sidewalk, curb, gutter, or storm water improvements. PROJECT DESCRIPTION: The proposed project consists of the rehabilitation of roadway and adding shoulders from SH 44 to Leopard Street and construction of two (2) twelve foot 12') travel lanes with a fourteen foot (14') center turn lane from Leopard Street to IH 37. This work is being designed so that in the future it will accommodate four lanes of traffic with a continuous center left turn lane. RIGHT-OF-WAY: In order to produce a uniform minimum width of 90 -feet, three (3) parcels of land require acquisition for the proposed project. Two (2) parcels have been acquired administratively and one (1) parcel remains to be acquired. The one (1) parcel which remains to be acquired is located in the section of Rand Morgan Road (FM 2292) from Leopard Street to IH 37. ft is specifically located at 9401 Morrow Drive, which is at the corner of Morrow Drive and Rand Morgan Road. Within the parcel is considerable landscaping, fencing, and a storage building, which after the taking, will extend beyond the new right-of-way line by about a foot. On October 19, 2004 the City Council approved Resolution No. 025993 to utilize eminent domain proceedings. City Land Acquisition staff has negotiated in good faith with the landowner, Mr. Jim Srp,Jr., for the needed right-of-way. The landowner has rejected the City's offers and negotiations have reached an impasse. ADVANCE FUNDING AGREEMENT: The City's participation is to provide the right-of-way required for this project as well as any utility adjustment and/or relocation costs. The proposed project is scheduled for construction letting in September 2006. Adjustment of utilities will be provided by the City of Corpus Christi and compliance with the Texas Accessibility Standards and ADA will be met. It is understood that the proposed improvements will be completed by the State. Final participation amounts will be based on H iHOME\Rachelle\GEN\TXDOTWFA Rand Morgan\Agenda Background doc EXHIBIT "A" Page 2 of 3 actual charges to the project. The right-of-way acquisition will be funded by Bond Issue 2004 Future TxDOT Participation. Utility adjustments will be paid for by the affected utility department through their capital improvement program. Following is a breakdown of the costs: Description Total Estimate Cost Participation % Federal Cost State Partici • ation % COSt Partici % Local • ation COSt i iV e 4 i i M&t.'M .'nR�y{p` OYl P. W.1gCy CSJ-2142-01-017 Rehabilitation of roadway and adding shoulders $1,820,000 80% $1,456,000 20% $364,000 0% 0 CSJ-2142-01-022 Construction of 2 travel lanesy w/curb & •utter 980,000 0% 0 100% 980,000 0% 0 r '.RrA.Ys rtY tiF+3�+ 9.e 'f : Direct State Costs - 1 ,1.5% (including plan review, inspection and oversight) .ry �.^ g L�'`Y `-Y" ••`': yep._ 322,000 ,,'" 80% . 257,600 20% ;@$� TTTP'EC'r+'4'%n 64,400 ✓,L' ff...: 0 Indirect State Costs - 6.21 % (no local participation required except for service projects) 173,880 80% 139,104 20% 34,776 0% 0 TOTAL $3,295,880 $1,852,704 $1,443,176 $0 FUNDING: Funding from the City of Corpus Christi is not required for the Advance Funding Agreement. EXHIBIT "A" Page 3 of 3 H \HOME\Racheae\GEN\TXDO?\AFA Rand Morgan\Agenda Background doc STATE OF TEXAS § COUNTY OF TRAVIS § LOCAL TRANSPORTATION PROJECT ADVANCE FUNDING AGREEMENT for Rand Morgan Road Improvements CSJ: 2142-01-017 2142-01-022 Project Name: Rand Morgan Funding Category: 1 ORIGINAL THIS Local Project Advance Funding Agreement (LPAFA) is made by and between the State of Texas, acting by and through the Texas Department of Transportation, hereinafter called the "State", and the City of Corpus Christi, acting by and through its duly authorized officials, hereinafter called the "Local Government WITNESSETH WHEREAS, a Master Agreement between the Local Government and the State has been adopted and states the general terms and conditions for transportation projects developed through this LPAFA, and WHEREAS, the Texas Transportation Commission passed Minute Order 108812 and 109667 that provides for the development of, and funding for, the project describe herein; and, WHEREAS, the Governing Body of the Local Government has approved entering into this LPAFA by resolution or ordinance dated , which is attached hereto and made a part hereof as Attachment A for development of the specific project which is identified in the location map shown as Attachment B NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto, to be by them respectively kept and performed as hereinafter set forth, it is agreed as follows: AGREEMENT 1 The period of this LPAFA is as stated in the Master Agreement, without exception. 2 Termination of this LPAFA shall be under the conditions as stated in the Master Agreement, without exception. 3. Amendments to this LPAFA shall be made as described in the Master Agreement, without exception. 4. Scope of Work The scope of work for this LPAFA is described as rehabilitation of roadway and adding shoulders from SH 44 to Leopard Street and construction of two (2) — twelve foot (12') travel lanes with a fourteen foot (14') center turn lane from Leopard Street to IH 37. LPAFAShortGen.doc Page 1 of 4 EXHIBIT "B" Page 1 of 5 CSJ: 2142-01-017 2142-01-022 Project Name: Rand Morgan Funding Category: 1 Right of Way and Real Property shall be the responsibility of the Local Government, as stated in the Master Agreement, without exception. F` Adjustment of utilities will be provided by the Local Government as required and as stated in the Master Agreement without exception Environmental Assessment and Mitigation will be carried out as stated in the Master Agreement, without exception. 8. Compliance with Texas Accessibility Standards and ADA will be as stated in the Master Agreement. without exception. 9. Architectural and Engineering Services will be provided by the State, as stated in the Master Agreement, without exception. The State is responsible for performance of any required architectural or preliminary engineering work. The Local Government may review and comment on the work as required to accomplish the public purposes of the Local Government. The State will cooperate fully with the Local Government in accomplishing these local public purposes to the degree permitted by State and Federal law. lo Construction Responsibilities will be carried out by the State, as stated in the Master Agreement, without exception. 11. Project Maintenance will be undertaken as provided for in the Master Agreement, without exception. 12. Local Project Sources and Uses of Funds a. Project Cost Estimate: A Project Cost Estimate is provided in Attachment C. Any work done prior to federal authorization will not be eligible for reimbursement. It is the Local Government's responsibility to verify with the State that the Federal Letter of Authority has been issued for the work covered by this Agreement. h. A Source of Funds estimate is also provided in Attachment C. Attachment C shows the percentage and absolute dollar amount to be contributed to the project by federal, state, and local sources. c The Local Government is responsible for all non-federal and non -state funding, including all project cost overruns, unless otherwise provided for in this Agreement or through amendment of this agreement. d. After execution of this LPAFA, but prior to the performance of any work by the State, the Local Government will remit a check or warrant made payable to the "Texas Department of Transportation " in the amount specified in Attachment C as the local contribution for Preliminary Engineering. The Local Government will pay at a minimum its funding share for this estimated cost of preliminary engineering as stated in the Local Project Sources and Uses of Funds provision of the Master Agreement. e. Sixty (60) days prior to the date set for receipt of the construction bids, the Local Government shall remit its remaining financial share for the State's estimated construction oversight and construction costs and any others costs owing. In the event the State determines that additional funding is required by the Local Government at any time during the development of the Project, the State will notify the Local Government n writing. The Local Government will make payment to the State within thirty (30) days from receipt of the State's written notification. LPAFAShortGen.dor. Page 2 of 4 EXHIBIT "B" Page 2 of 5 ra CSJ: 2142-01-017 2142-01-022 Project Name: Rand Morgan Funding Category: 1 f any existing or future local ordinances, commissioners court orders, rules, policies, or other directives, including but not limited to outdoor advertising billboards and storm water drainage facility requirements, are more restrictive than State or Federal Regulations, or if any other ovally proposed changes, including but not limited to plats or replats, result in increased costs, !hen any increased costs associated with the ordinances or changes will be paid by the local lovernment The cost of providing right of way acquired by the State shall mean the total expenses in acquiring the property interests either through negotiations or eminent domain ,proceedings, including but not limited to expenses related to relocation, removal, and adjustment of eligible utilities. The state auditor may conduct an audit or investigation of any entity receiving funds from the state directly under the contract or indirectly through a subcontract under the contract. Acceptance of funds directly under the contract or indirectly through a subcontract under this contract acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. 1 3. Document and Information Exchange. The Local Government agrees to electronically deliver to the State all general notes, specifications, contract provision requirements and related documentation in a Microsoft® Word or similar document. If requested by the State, the Local Government will use the State's document template. The Local Government shall also provide a detailed construction time estimate including types of activities and month in the format required by the State. This requirement applies whether the Local Government creates the documents with its own forces or by hiring a consultant or professional provider. 14. Incorporation of Master Agreement Provisions. This LPAFA incorporates all of the governing provisions of the Master Advance Funding Agreement (MAFA) in effect on the date of final execution of this LPAFA, unless such MAFA provision is specifically excepted herein. 15. Insurance. If this agreement authorizes the Local Government or its contractor to perform any work on State right of way, before beginning work the entity performing the work shall provide the State with a fully executed copy of the State's Form 1560 Certificate of Insurance verifying the existence of coverage in the amounts and types specified on the Certificate of Insurance for all persons and entities working on State right of way. This coverage shall be maintained until all work on the State right of way is complete. If coverage is not maintained, all work on State right of way shall cease immediately, and the State may recover damages and all costs of completing the work. 16. Signatory Warranty. The signatories to this agreement warrant that each has the authority to enter into this agreement on behalf of the party represented. LPAFAShortGen.doc Page 3 of 4 IEXHIBIT "B" Page 3 of 5 EXHIBIT "B" Page 4 of 5 CSJ: 2142-01-017 2142-01-022 Project Name: Rand Morgan Funding Category: 1 IN TESTIMONY HEREOF, the parties hereto have caused these presents to be executed in duplicate counterparts. THE LOCAL GOVERNMENT By: Tale_ Date (Signature) THE STATE OF TEXAS Executed for the Executive Director and approved for the Texas Transportation Commission for the purpose and effect of activating and/or carrying out the orders, established policies or work programs heretofore approved and authorized by the Texas Transportation Commission. By: Date Janice Mullenix Director of Contract Services Section Office of General Counsel Texas Department of Transportation LPAFAShortGen.doc Page 4 of 4 CSJ: 2142-01-017 2142-01-022 Project Name: Rand Morgan Funding Category: 1 ATTACHMENT C Project Budget Estimate and Source of Funds There are two (2) project numbers set up for the two (2) sections to be improved along this roadway. The locations of both Projects are on FM 2292. Project 2142-01-017 is described as rehabilitation of roadway and adding shoulders from SH 44 to Leopard Street. The second project, 2142-01-022, consists of the construction of two (2) — twelve foot (12') travel lanes with a fourteen foot (14') center turn lane from Leopard Street to IH 37. The total estimated construction cost of the two (2) projects is $2,800,000. The Local Government will be participating in the project by providing the right-of-way required for this project and also any utility adjustment and/or relocation costs. Below is an estimate and source of funds for the project. Description Total Estimate Cost Federal Partici • ation State Partici • ation Local Partici • ation CSJ-2142-01-017 COSt __-_— % Cost % Cost Rehabilitation of roadway and addin • shoulders $1,820,000 80% $1,456,000 0 257,600 139,104 20% 100% 20% 20% $364,000 -_— 980,000 64,400 34,776 0% 0% ■ 0% 0 0 0 0 CSJ-2142-01-022 0% 80% 80% Construction of 2 travel lanes Direct State Costs - 11.5% (including plan review, ins•ection and oversi.ht 980,000 322,000 Indirect State Costs - 6.21% (no local participation required except for service • ro ects 173,880 TOTAL $3,295,880 $1,852,704 $1,443,176 $0 Engineering and contingencies charges will be based on actual charges. It is understood that the proposed improvements will be done by the State. This is a construction estimate only, final participation amounts will be based on actual charges to the project. LPAFAShortGen.doc Page 1 of 1 EXHIBIT "B" Page 5 of 5 PROJECT LOCATION JT "Nei eS'40 6,1 PLIES CORPUS CHRISTI INTER. AIRPORT LOCATION MAP NOT TO SCALE 'CS) -2742-07 022) NUECES RIVER PROJECT SITE VCS✓ -2142-07-017) Ir z w HWY 44 PROJECT No. 6085/6241 CC 0 3 PROJECT SITE S✓ -2142-01-022) 0 cc Q Z 1H37 ROAD SEDWICK RD VICINITY MAP NOT TO SCALE AGNES EXHIBIT "C" RAND MORGAN RD (FM 2292) FROM HWY 44 TO LEOPARD ST (# 6085) RAND MORGAN RD (FM 2292) FROM LEOPARD ST TO IH 37 (# 6241) CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 08-16-2005 • RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A LOCAL PROJECT ADVANCE FUNDING AGREEMENT (LPAFA) FOR RAND MORGAN ROAD IMPROVEMENTS MADE BY AND BETWEEN THE STATE OF TEXAS, ACTING BY AND THROUGH THE TEXAS DEPARTMENT OF TRANSPORTATION, AND THE CITY OF CORPUS CHRISTI. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS; SECTION 1. The City Manager or his Designee is authorized to enter into a Local Project Advance Funding Agreement (LPAFA) for Rand Morgan Road Improvements made by and between the State of Texas, acting by and through the Texas Department of Transportation, and the City of Corpus Christi. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Henry Garrett City Secretary Mayor APPROVED: October _ , 2005. n r n P. Burke Jr. ssistant City Attorney For City Attorney RESO 4 Rand Morgan.doc F::;orpus Christi, Texas of , 2005 The above resolution was passed by the following vote: Henry Garrett Brent Chesney Melody Cooper Jerry Garcia Bill Kelly Rex A. Kinnison John E. Marez Jesse Noyola Mark Scott RESO 4 Rand Morgan.doc 27 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: September 27, 2005 AGENDA ITEM: A Motion approving the application from E.M. Marketing to temporarily close the following street sections for Powerboat Shoot -Out and related activities, October 14-16, 2005: 1) East Shoreline Boulevard (northbound) including the parking lane from Furman Avenue to Coopers Alley, maintaining an 18 -foot emergency lane on the east side of this section beginning at 12:00 pm, noon on Tuesday, October 11, 2005 until Tuesday, October 18, 2005 at 6:00 p.m. 2) Park Street between northbound Shoreline Boulevard and southbound Shoreline Boulevard beginning at 12'.00 pm, noon on Tuesday, October 11 2005 until Tuesday, October 18, 2005 at 600p.m B. Motion approving the application from E.M. Marketing to waive the requirement of subsection (a) and (h) of Sec 49-17 that admission shall be free ISSUE: The Powerboat Shoot -Out will require the temporary closure of sections of Shoreline Boulevard and this requires Council approval. Sec. 49-17 (a) and (b) of the City Code of Ordinances, requires, as a condition of the street closure, that all events shall be open to the public and admission shall be free. E.M. Marketing has requested that the City Council waive the free admission requirement. Sec. 49-17 (r) authorizes the City Council to waive the free admission requirement if the City Council finds that conducting the Powerboat Shoot -Out in the City will provide sufficient favorable publicity and economic benefits to justify waiver. REQUIRED COUNCIL ACTION: City Council must approve temporary street closures and waive free admission requirement. PREVIOUS COUNCIL ACTION: Street closures and free admission requirement waivers have been approved in the past. FUNDING: N/A CONCLUSION AND RECOMMENDATION: Staff recommends approval of Motion A as presented and consideration of Motion B Sally Glik, Director 4d Parks Recreation Department Attachments: BACKGROUND INFORMATION The most recent Powerboat Shoot -Out events were held in Corpus Christi in 2001 and 2002. After a two year absence. the races will return utilizing McCaughan Park, McGee Beach, the north and south parking lots at Memorial Coliseum, portions of Park Street and Shoreline Boulevard near Memorial Coliseum. The Powerboat Shoot -Out will provide entertainment for the whole family as well as local, national and international exposure through a variety of business and consumer oriented activities and programs. Event organizers anticipate strong crowds with significant economic and recreational benefits to the local economy. The parking lot across from the old county courthouse has been tentatively identified as a re -fueling station for this event. Organizers have requested this location based on the availability and the location to the Powerboat Shoot -Out event. TRAFFIC ENGINEERING DIVISION DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI, TEXAS APPLICATION FOR PERMIT TO CLOSE STREET FOR PUBLIC EVENTS a�>>e - Organization Sponsoring E.ent. "\Name o* Proposed Event _ ( Date of 'lanned Event 1A/\ SA,c)0V- - c�•� Abe Key Contact Individual: 2t v\LCA \ Phone NfI65-\555 Streets Requested for Closure, Dates and Times of Day - DESCRIBE: av,-cf_ CtDocs \\ -e--\ na\*n�:'; Atot ..\. \ S. -erre c c -i " t dh 1e - S(c - ijec� C1' 1_; u -'2 O e'bec 1 k �� 1 \L-esaey OC'.No C\ r \ =4-`'I'-oma-�� JJvv� . } af/< SV!' be1,..3re� A 5110,-eA:r1G e d. a�n.oce ,;Ve- - "•R Purpose of Event and Detailed Description o ctivities Planned: —Po `NIeAa'lc- \ti,,. k rlacs ,,- arrova1 € fe Eska • S�%d� � ,s\.:tict E Qka\,C,.,`cU • est fooas and beverages to be served �oyt bCer r Services Requested by the City �\ e C\osi,( yttach a diagram illustrating in detail the location of booths stages, restrooms, first-aid stations, etc that will be included in the event 0 Enclose a check or money order for $200 to cover administrative costs of handling application, payable to the City of Corpus Christi (City Ordinance #20463, 9/20/88). Attach an official letter of transmittal requesting approval of the event. C:ose Street b! E ✓ents 2 nsideration obtaining a permit to close a r'ity street for a public event, the applicant or spring organization agrees to comply with the following applicablelconditioJns. co �rG CY1 , 1.4/Y rh- 0 _ �/i'✓ Admittance to said event shall be I JO. °O • Al' profits derived from the e!ent shall ; ` r charitably causes Pay the City four -Ler -cent ,,4' - ; of the gi e..eipts derived from event. or reimburse the City for all costs ricunec by the City in support of said event. Accurate financial records shall be maintained and 'a'•ment shall be made to the city within sixty (60) days after the event ends. 5e -c. et dci recw%cw{ Provide and maintain an insurance policy :vith the limits and requirements shown on the attached Exhibit • Completion of Indemnification Agreement Provision of a traffic control plan for event, to be coordinated with the Traffic Engineering Division and Police Department. The City shall be reimbursed for its installation of all traffic signage and barricading determined by the City to be necessary for safe control of the e\ent. Aritten approval for the temporary street closure must 4e obtained from (i) one hundred (100) percent of the managing tenants or if the property is vacant. managing property owners of the property abutting that portion of the street to be closed to vehicular traffic; and (ii) for the Downtown Management District only_ (bounded by Lower Broadway, Interstate 37, Shoreline Boulevard (including the marina areas, and Kinney Street), ninety (90%) percent of the managing tenants or. if the property is vacant. managing property owners of the property abutting that portion of the street to be closed to vehicular traffic. Provide adequate number of restroom facilities to accommodate the anticipated public; Obtain the appropriate alcohol and food permits required by State and Local authorities, al least two (2) weeks prior to the event All security other than perimeter traffic control shall be provided by sponsor; security shall consist of off-duty City Police officers_ or other type security officially approved by the City. Ad construction of booths stages, displays electrical services and plumbing shall comply with City Codes rhe final layout of booths shall be approved by the Director of Parks and Recreation Provide for potabre water within the event site Provide first-aid stations. Provide continuous cleaning of the site during the event and return it to pre -event condition after event ends Restore any damaged City property promptly after event ends; Coordinate all phases of event with appropriate City departments to insure a safe and successful event Vehicles shall be prohibited from parking on grass areas within the street right-of-way: No obliteration or defacing of the street surface or sidewalk; except by chalk markings: All City Noise Abatement Ordinances shall be complied with; Allow for the free passage of emergency vehicles into event area in case of emergency; Carnival -type rides will not be permitted Building and Electrical permits for a temporary promotional event, associated construction and Certificate of Occupancy are required 3 vr-ienr:e !hat inese r 1:tions nave been meet must be presented to the City Traffic n iineer r ?o tt e h,-nci submitted to the City Council for final approval. Event C .irman/Organizer Sponsoring Organization Date Submitted C` \c\_0S pNRK z Z "±:j cUn; SHOOT-OUT POWERBOAT POWERBOAT LIMITS POWERBOAT FENCE LIMITS POWERBOAT SHOOT-OUT 2005 PREMISE MAP - 1 ;- EXHIBIT klifrird SUBJECT: POWERBOAT SHOOT-OUT 2005 CLOSURE MAP Traffic Engineering Div Engineering Services Dept I INDE.\1NITI AGREEMENT ',i '.1Lx' BY I1lESE PRESENTS \\' LIE RI AS, :_ 1; 1 ail ndan s; it Procedure and Permit Requirements. au:: es a onu,t�:oi 1 -a r:t1. flock .ur, hart of a rcad' av to file a statement Vyith the 1•adt ,. I ngineo ing division indemnifying the City against all aures.ft non ta• 1 rising ii -in .he closing or blocking of the roadway hursoani t, a perms issued by thr� t the ISS t1;11I ‘.)I'Ll permit to the undersigned by the City ITus hristi 'ur the i ..rpose o:-^arrcrlding, blocking or closing a street, alley or other public )1 :,1 I`:ITI 1 IIT1 :int .v:re_ indemnify and save harmless and defend i sse-., a aut;r it, ',ill persue:- pe rair',n hiy pc,I �. a1Duni .tll claims, lay, stiits. demtuads. irr! idl :__ _ : r, is .in:i iea5 cable attorneys tees, for or on account leat": in time resulting trout such injury, or any damages to ei; directh. a indirectly, as a result of the : i _anti i. ;; tits t ,:heratio:a Tpeeified Inthis Public Right -of -Way Blockage I'r-mut. pro vi,la and rain um _:a the t ontractor'expense a Commercial General Liability ntsuranftc olio, _volt the L._1115 .tnd rcluir_ments shoeva en the attached and incorporated Exhibit TI:c ity of i „rpu- n.uiied as additional Insured on the polic. Evidence of e,' >urux. �i�-�;,i ��iI1 1 _ ut. Insurance furnished to the Director of nerrTt r Ser`. isiuit 1� :ni to tits proprsed blockage under this permit. ii1 S n (our: hind( <I I:Is day of aco YITC 2 CJ Permit ,Applicant, Va).Q-c Event AC©RD„ CERTIFICATE OF LIABILIT' +Noallcar 516088-9745 I f C A HAWK RACE CONS JLTANTS LTD MOTOR SPORTS IN SURANCE 111 GREAT NECK F D- SU►TE 41317 GREAT NECK, NY 1021 UNWIND OFFSHORE SUPER SERIES POWERBOAT RACING ."'s' `ERS - "Tb1M�ELWEIM URANC,ECOMPAMY ALISt.40.gg ASSOC. mai aERE. GREAT AMERICAN ASSURANCE 1 AM: 02004 4838 HOLLY ROAD SUITE #206 EER( ODRPOS CF RlSTI, TY,. 78411 _Pv_st RER ( PM RERF INSURANCE 1 0A10;TVINNYT TY a -CE o,FICTE CONFERS NO RIAS_* MATTER UPOTOF inalgirAltjN CERT IFICATE OLDER. THISRIIFICATE DOES NOT AND EXTEND OR LTV THIS COVEME RAGE AFFORDED BY T,11E POI_ CIES BELOW. INfURE RSAFFORDING COVERAGE 1 NAIC# THE POUCEB OF !WILIA H CE LISTED BELOW HAVE BEEN J88LJED TO THE INSURED NAM'D A90VE FOR THE POLICY PERIOD I1 1CATFD. NOTIMTHSTANDIN 0 ANY RB0UINEMENT, TESL' OR CONCRION OF ANY OONTRACT UR OTHER OOCUTAErfi WITH RESPECT TO WHICH THIS CERTIFICATE MAY 8E ISSUED OH MAY PEIITAwM� THE RIBUR .NOE AFFORDED BY THE POLJOIEB DESCRIBED HEREIN I) SUIS ECT TO ALL THE TERMS, EXCLUSIONS AND OONDrT10NS OF SUCH POUDIES, AITiCiRC-GATE UA ITS SNOWS MAY HAVE BEEN REDUCED BY PAID CLAIMS. Mt_ .vLecuovrocn GENERAL UAEILrTT GONMENCML OE IEAALUASAITY I SLE/4019113 %ANS MAD' Y OCCUN XB1eR0P a aMlss ONS . al_ $100,100•00 LN 0T OEM. AOOREOATE lRhR APPLES PER 1IACYI 1, �MRONONIE UASIUT ALLOwNEG AUTO ..._.� >t+EatAEOMM MAW AUTOS _.� '+ONOINNED AUC s _.I _ 4(MAaE LuOAITY ; ANY mire' emrsa71oIRN sAtJ BITTY G CLEA exAMa MAGE '_._.._ I RETENTION 1 WORKERS OOMPGNNAT ON A IO EMPLOYERS' LMORITT paasA 1 •• .DEE ANY PRO�iYAArvqn*EXcLUDED (ECUTIVE EL. EACH ACCI0EHT L J IIOFPICER EIICLUD6D SPE�IEµpgp r EL DISEASE• EA EMPLOYEE$ $ WOW j OTM'ER -- -- --.4---- EL DISEME, POLIOYLMM II A 1 PARTICIPANT KPX400012526 I ANT 112A I AM 12:01 AM AD 4 D:;10,000. 1 4-1 '45 i 4-1746 1 EXCESS MEDICAL $20,000. $500. DED. DEK'RPTlUPI 6RATIONNYLOc ATIONSAIENIGAytIMDLU01011N ADN NY ENDORNEreENT/specs tL MN,YIw01rs TYPE OF EVENT: POWERS OAT SHOOTOUT DATES: 10.12-05 TO 10.1T-05 P 4RTICIPANT LEGAL. LIABILITY: $5,000,000. LIMIT (AS PER RACE VENUE SUBMITTED) LOCA TION: CORPUS CHRISTI BAY, CORPUS CHRISTI, T) . (AIS PER RACE VENUE) VOL. INSURED; CITY OF G Q@.I?U$ g}lRI$TI 12:11 ANI 4- 7-05 12:01 AM 4-17-06 EACHR s S,O0p000. rumen _MENINE$ dwlNem) x 300,000. MED EXP (My one WNW) I 6.000. 1 PERSONALS AbvNANNY i S 5,000,000. OENEIAL AOPREOATE_I S NONE PRODUCTS, COMP/OP A0o S 5,006,000 COMBINED SINGLE LIN, N IEa acddard) 9ODILYTJGI.l Y Pe Pneml BODIL YINJUR Y IPM e001det) PROPENTY8ANAGIE AUTO ONLY, EA ACCIDENT OTHER THAN EA ACC AUTOONLY: AGO EACH OCCURR@NCE 1- ADOREGATE CERTIFICATEHiOLDER w'/ I OP / OS -CHRISTI CORPUS 11L�LE��OPARr r�SeTREEETY CORPC, i,1,1J( 78169 ACORD20(20011001 CAN:ELI_AT10N 1110110 ANY DP THE MOVE DEN c11151117 POLKA-8yDYAA yCCA�tNyCC6wvL�LrED StFDRE THE EXPIRATION DATT TNEP6OF, THE 4ENGIN0 IRSMRER III.E.�IeeIReNN�AEIAIL DA'f8 MRITTEM Nati dE5011NL..I nrorraawiemmoaarca-,10INEAEMINEr,MawAMK TO DOA* ANNA. MPO 11 PIC CELINA-now OR LIANILIIY OF ANT KM UPON THE IRSURER, GE AGENTS OR NEPA EIEMrAT1YETt, AIr RQEr�EEPNeARNTATYE Fel • FSI Pin--" ACORD CORPORATION 1000 28 AGENDA MEMORANDUM DATE: October 11,2005 SUBJECT: ST. NICHOLAS GREEK ORTHODOX CHURCH FESTIVAL AGENDA ITEM: AGENDA ITEM: Motion authorizing a permit from the St. Nicholas Greek Orthodox Church to temporary close Broadway Court from South Chaparral to South Water Street for the Greek Festival, beginning Thursday, October 13, 2005 at noon until Monday, October 17, 2005 at 8:00 am, upon meeting the conditions and requirements for permit in Sec. 49-17 ISSUE: The St. Nicholas Greek Orthodox Church will require the temporary closure of Broadway Court from South Chaparral Street to South Water Street and this requires Council approval. Section 49-17(a) of the City Code of Ordinances, requires, as a condition of the street closure, that all events shall be open to the public and admission shall be free. REQUIRED COUNCIL ACTION: Street closing permits for large public events require City Council approval. PREVIOUS COUNCIL ACTION: None FUNDING: N/A RECOMMENDATION: Approval of the motion as presented. 14% Director of Engineering SeNCes Additional Support Material 1. Exhibit "A" Background Information 2. Exhibit "Er Site Map 3. Exhibit "C" Permit Application from St. Nicholas Greek Orthodox Church 4. Exhibit "D" Traffic Control Plan Background: BACKGROUND INFORMATION The Saint Nicholas Greek Orthodox Church, located at 502 South Chaparral Street, will be holding its annual Greek Festival on October 14-16, 2005. This is the Church's fund raiser for the year. Food and drinks will be sold and Greek exhibition dancing will be performed. The Church grounds along with the right of way of Broadway Court from South Chaparral Street to South Water Street will be used accommodate the festival activities. All adjacent businesses and operations have been notified and will not be negatively affected by this closure. All booths, tents and equipment will be removed no later than 8:00 a.m., Monday, October 17, 2005, returning the street to its original condition. For the past four years this event has been held at the convention center. This year will bring the festival back to the church grounds. Exhibit A Location of Greek Festival KIII-TV 3 Building South Water Street T Broadway Court Portable Restrooms Dimopoulos Building St. Nicholas Greek Orthodox Church 2 c.) to South Chaparral Street Exhibit B 11 Iv AItt I 1 II :NN,11 1<J( A I . Ni( 'I I( \ti 'ALIA 1 OR 1 11Ol)O\ (:1 i i :i i 1 I:AI'.AL L VI ti l I.I I I is I'I 1.1k. 1I 1I \.A`. -{UI , NI 11 `,., ( It (o1)el -1. dill„ li 'orpus Christi, I esus linginecring Ihpartment Irallic 1 nginecring I)iv'skin P O. Box 9277 'oIpus t'hristi. l exas 78469-9277 1)rar Sirs l'luiirlr S'tG I I S'S'{ -11N he Saint Nicholas Greek Orthodox Church, located at 502 South Chaparral Street, will he holding its annual Greek Festival on October 14-16, 2005. During this fund raising went which will be held on the Church grounds. food and drinks will be sold and Greek exhibition dancing will he peri6rmed. The Church respectfully requests a permit for temporary closure of Broadway Court from South Chaparral Street to South Water Street from i0 0 or Thursda. October 1 -005 until 8:00 a.m on N:londay. October 17, 2006. i you have any questions_ please feel free to contact me at 826-3622 or 991-4202. lank NMI. Sincerely. Olga 'lomarity Parish Council President attachment Exhibit C 1 of 6 TRAFFIC ENGINEERING DIVISION DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI, TEXAS APPLICATION FOR PERMIT TO CLOSE STREET FOR PUBLIC EVENTS as;n , of Organization Sronsol, fly E'dent- ;L. Nicii.��us l;rcrk nrrhnrinx (;ju,r� h Name of Proposed Event )ate of Planned Event. urt,,f,et 14, 15, ,nd 16, 2005 4 KeV Contact Individual: (11ga P1omarity' Phone No. 991-4202 Street(s) Requested for Closure Dates and Times of Day - DESCRIBE: Broadway Court (i -nm oot14 Chaparral Street to South Watcr Street Thursday, October l005 .it Noon mit}1 7loudav, October 17, 2005 at 8:00 a.m. Purpose of Event and Detailed Description of Activities Planned: Fuad raiser for capital impro:ements cf the Church Serving Greek food and drink with Greek exhibition dancing List foods and beverages to be served: See attached leaflet. Services Requested by the City_ Gi oure of street Attach a diagram illustrating in detail the location of booths, stages, restrooms, first-aid stations, etc . that will be included in the event. 10 Enclose a check or money order for $200 to cover administrative costs of handling application, payable to the City of Corpus Christi (City Ordinance #20463, 9/20/88). Attach an official letter of transmittal requesting approval of the event. Exhibit C 2 of 6 Permit to Close Street :bl.� Events 2 r consideration of obtaining a permit to close a City street for a public event, the applicant or sponsoring organization agrees to comply with the following applicable conditions: Admittance to said event shall be free. E All profits derived from the event shall be for charitable causes: Pay the City four -percent (4%) of the gross receipts derived from event, or reimburse the City for all costs incurred by the City in support of said event. Accurate financial records shall be maintained and payment shall be made to the city within sixty (60) days after the event ends. D * Provide and maintain an insurance policy with the limits and requirements shown on the attached Exhibit "A" E * Completion of !ndemnification Agreement; F Provision of a traffic control plan for event, to be coordinated with the Traffic Engineering Division and Police Department. The City shall be reimbursed for its installation of all traffic signage and barricading determined by the City to be necessary for safe control of the event. G * Written approval for the temporary street closure must be obtained from (i) one hundred (100) percent of the managing tenants or, if the property is vacant, managing property owners of the property abutting that portion of the street to be closed to vehicular traffic; and (ii) for the Downtown Management District only (bounded by Lower Broadway, Interstate 37, Shoreline Boulevard (including the marina areas, and Kinney Street), ninety (90%) percent of the managing tenants, or. if the property is vacant, managing property owners of the property abutting that portion of the street to be closed to vehicular traffic. 1 a Provide adequate number of restroom facilities to accommodate the anticipated public; Obtain the appropriate alcohol and food permits required by State and Local authorities, at least two (2) weeks prior to the event: All security other than perimeter traffic control shall be provided by sponsor; security shall consist of off-duty City Police officers. or other type security officially approved by the City. All construction of booths, stages, displays. electrical services and plumbing shall comply with City Codes. The final layout of booths shall be approved by the Director of Parks and Recreation Provide for potable water within the event site: M. Provide first-aid stations; N Provide continuous cleaning of the site during the event and return it to pre -event condition after event ends; Restore any damaged City property promptly after event ends; Coordinate all phases of event with appropriate City departments to insure a safe and successful event: Vehicles shall be prohibited from parking on grass areas within the street right-of-way; R. No obliteration or defacing of the street surface or sidewalk; except by chalk markings; All City Noise Abatement Ordinances shall be complied with; Allow for the free passage of emergency vehicles into event area in case of emergency; Carnival -type rides will not be permitted. Building and Electrical permits for a temporary promotional event, associated construction and Certificate of Occupancy are required Exhibit C 3 of 6 Close Street 3 `vidence that these conditions have been meet must be presented to the City Traffic Engineer prior to the request being submitted to the City Council for final approval. Signed Event Chairman/Organizer St. Nicholas Greek Orthodox Church Sponsoring Organization Date Submitted: October 4, 2005 Exhibit C 4 of 6 cotemhci ,t, ?ODS - its of ('urpus Christi. Cexas l �aflic Fne.ineering C)ieision !engineering Services Department i' () Bos 9277 �rpus Christi. 1eyas 7840)-9277 Re: Permit to close a portion of Broadway Court Street for the Annual Greek Festival i)Car Sirs: 'Che undersigned does not object to the closure ()fa portion of Broadway Court Street from 1sOuth Chaparral Street to South Water Street Brom 8:00 a.m. Friday. October 14,2005 . to 8:00 a..m. nlonda}, October 17. 2005 for the annual Greek Festival sponsored by the St. Nicholas Greek Orthodox <'hurch. Dntem � — Signed,( By --�, Exhibit C 5 of 6 September .li '(lll.j, of Corpus Christi. 1 cxas 1 raffic Engineering. Division 1 ngincering Services Department I' O. Bos 9277 omits Christi. Texas 78409-9277 Re: Permit to close a portion of Broadway Court Street for the Annual Greek Festival )car Sirs The undersigned does not object to the closure of a portion of Broadway Court Street from +Juth Chaparral Street to South Fater Sleet from 8:00 a.m. Friday. October 14, 2005. to 8:00 a..m. �londay, October ? 7, 2005 for the annual Greek Festival sponsored by the St. Nicholas Greek )rthodox (j'hurch. )ated: Exhibit C 6 of 6 4 N SCALE: N.T.S KEY ROAD CLOSED i R11-2 BARRICADE (-0 DETOUR, DBL ARROW CW1-7 TYPE I BARRICADES ROAD CLOSED / R11-2 BARRICADE DETOUR, DBL ARROW CW1-7 31 TYPE I BARRICADES ifitit EXHIBIT 'D° Exhibit D - SITE PLAN - SUBJECT: GREEK FESTIVAL TRAFFIC CONTROL PLAN Traffic Engineering Div. mow 11060 ME MIME. BROADWAY COURT TEMPORARY CLOSURE Engineering Services Dept. 29 CITY COUNCIL AGENDA MEMORANDUM October 11, 2005 AGENDA ITEM: Ordinance appropriating $40,000 in the Airport Passenger Facility Charge Fund 4621from Unreserved Fund Balance; for Airport Landside Roadway System Reconstruction Improvements; amending FY 2004-05 Capital Budget adopted by Ordinance No. 026188 to increase appropriations by $40,000; and declaring and emergency ISSUE. Tne funding plan for the Airport Landside Roadway System Reconstruction Improvements included funds from Passenger Facility Charges up to $2,089,744. $40,000 of the funds will be appropriated for the project. PREVIOUS COUNCIL ACTION: 1 September 22, 1992 - Ordinance authorizing the collection of a Passenger Facility Charge of $3.00 per enplaned passenger for a period of five years beginning November 1, 1992 and ending October 31, 1997 (Ord. 021483) 2 September 9, 1997 - Ordinance extending the collection period from October 31, 1997 to May 31, 1998 (Ord. 023057) 3 December 18, 1997 - Ordinance to submit an application (No. 2) to FAA to collect and use a Passenger Facilty Charge of $3.00 per enplaned passenger at CCIA for a period of twenty years beginning June 1, 1998 (Ord. 023165) 4 September 18, 2001 - Ordinance authorizing an amendment to the Passenger Facility Charge application increasing the allowable collections and extending the collection period to April 1, 2023. (Ord. 024603) 5. September 18, 2001 - Ordinance appropriating Passenger Facility Charge application reimbursement to the city for approved PFC funded projects previously paid from Airport Capital Reserves, Bonds, Interest and operating funds and for the Terminal Building Reconstruction project. (Ord. 024585) 6. January 14, 2003 - Ordinance authorizing an amendment to the Passenger Facility Charge application increasing the PFC collections from $3.00 to $4.50 and extending the collection period to January 1, 2027 (Ord 025166) 7 May 11, 2004 - Ordinance appropriating $ 1,089,744 in Passenger Facility Charge Fund 4621 from unreserved fund balance for Airport Landside Roadway System Reconstruction Improvements; amending FY 2003-2004 Capital Budget adopted by Ordinance No. 025647 to increase appropriations by $1,089,744; and declaring an emergency 8. January 18, 2005 - Ordinance appropriating $787,067 in Passenger Facility Charge Fund 4621 from unreserved fund balance for Airport Landside Roadway System Reconstruction Improvements; amending FY 2003-2004 Capital Budget adopted by Ordinance No. 025647 to increase appropriations by $787,067; and declaring an emergency FUNDING: funds are available in Passenger Facility Charge Fund 4621 CONCLUSION: Airport Staff recommends approval of Ordinance as submitted. RECOMMENDATION: The Airport Board recommended approval of the Ordinance at the September 14, 2005 regular meeting. Dave Hamrick Director of Aviation Attachments: Ordinance ORDINANCE APPROPRIATING $40,000 IN THE AIRPORT PASSENGER FACILITY CHARGE FUND 4621 FROM UNRESERVED FUND BALANCE FOR AIRPORT LANDSIDE ROADWAY SYSTEM RECONSTRUCTION IMPROVEMENTS; AMENDING FY 2004-05 CAPITAL BUDGET ADOPTED BY ORDINANCE NO. 026188 TO INCREASE APPROPRIATIONS BY $40,000; AND DECLARING AND EMERGENCY BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Appropriating $40,000 in the Airport Passenger Facility Charge Fund 4621 from unreserved fund balance for Airport Landside Roadway System Reconstruction Improvements SECTION 2. Amending FY 2004-05 Capital Budget adopted by Ordinance No. 026188 to increase appropriations by $40.000. 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 October, 2005. ATTEST: Armando Chapa City Secretary 7t APPROVED: October 6 , 2005 hn P. Burke, Jr. ssistant City Attorney For City Attorney THE CITY OF CORPUS CHRISTI Henry Garrett Mayor iohnBurkevOrdReso2005'ORD APPRO 4Landelide Roadway System la Corpus Christi, Texas Day of 2005 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, Henry Garrett, Mayor City of Corpus Christi Council Members The above ordinance was passed by the following vote: Henry Garrett Brent Chesney Melody Cooper Jerry Garcia Bill Kelly Rex A. Kinnison John E. Marez Jesse Noyola Mark Scott IohnBurkevOrdReso20051ORD APPRO 4landslide Roadway System Ila 30 CITY COUNCIL AGENDA MEMORANDUM October, 11, 2005 AGENDA ITEM: Ordinance approving the transfer of $86,685 from the Airport Capital Reserve Fund 4611; to and appropriating in Airport Operating Fund 4610 $86,685 for Capital Outlay Expenditures; amending FY 2005-06 Operating Budget adopted by Ordinance No. 026385 to increase appropriations and estimated revenues by $86,685 each; and declaring and emergency ISSUE: The City's Accounting staff has determined generally accepted accounting practices do not allow capital expenditures to be made out of the Airport's Capital Reserve Fund. Assets cannot be recorded in reserve funds so the funds must be transferred to the Airport Operating Fund where purchases can be made. PREVIOUS COUNCIL ACTION: None FUNDING: Funds are budgeted in the Airport Capital Reserve Fund CONCLUSION : Approval of the ordinance transferring $86,685 from the Airport Capital Reserve Fund in the Airport Operating Fund. RECOMMENDATION: The Airport Board recommended approval of the ordinance at its September 14th Regular Meeting. Dave Hamrick Director of Aviation Attachments: Ordinance ORDINANCE APPROVING THE TRANSFER OF $86,685 FROM THE AIRPORT CAPITAL RESERVE FUND 4611; TO AND APPROPRIATING IN AIRPORT OPERATING FUND 4610 $86,685 FOR CAPITAL OUTLAY EXPENDITURES; AMENDING FY 2005-06 OPERATING BUDGET ADOPTED BY ORDINANCE NO. 026385 TO INCREASE APPROPRIATIONS AND ESTIMATED REVENUES BY $86,685 EACH; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Approving the transfer of $86,685 from the Airport Capital Reserve Fund 4611 to and appropriating in Airport Operating Fund 4610 $86,685 for capital outlay expenditures SECTION 2. Amending FY 2005-06 operating budget adopted by Ordinance No. 026385 to increase appropriations and estimated revenues by $86,685 each. 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 October. 2005. ATTEST: Armando Chapa City Secretary APPROVED: October 7 , 2005 • hn P. Burke, Jr. Assistant City Attorne For City Attorney THE CITY OF CORPUS CHRISTI Henry Garrett Mayor .ohnBurkeAOrdReso2005v.ORD APPRO 4 CAPITAL OUTLAY EXPENDITURES.IIa Corpus Christi, Texas Day of . 2005 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, Henry Garrett, Mayor City of Corpus Christi Council Members The above ordinance was passed by the following vote: Henry Garrett Brent Chesney Melody Cooper Jerry Garcia Bill Kelly Rex A. Kinnison John E. Marez Jesse Noyola Mark Scott lohnBurko'OrdReso2005VORD APPRO 4 CAPITAL OUTLAY EXPENDITURES. Ila 31 CITY COUNCIL AGENDA MEMORANDUM October, 11, 2005 AGENDA ITEM: Ordinance authorizing assignment of airport concession agreement with the City of Corpus Christi from Texas South Rentals, Inc. d/b/a Hertz Car Rental to Hertz Corporation; and declaring an emergency. ISSUE: Texas South Rentals, Inc. currently operates the Hertz Car Rental facility at Corpus Christi International Airport. Texas South Rentals is requesting assignment of their lease to the parent company, Hertz Corporation. Upon assignment, Hertz Corporation will continue to operate the facility as required by the concession agreement with the City. No changes to the terms of the agreement are proposed. PREVIOUS COUNCIL ACTION: 1 July 9, 2002 — Ordinance approving 12 month lease agreement with Texas South Rentals, Inc 2 November 9, 2002 — Ordinance approving 60 month lease agreement with Texas South Rentals, Inc. 3. January 21, 2003 — Ordinance approving Amendment No. 1 to lease agreement with Texas South Rentals, Inc. FUNDING: None CONCLUSION AND RECOMMENDATION: Airport Staff recommends approval of Ordinance assigning the agreement as submitted. Dave Hamrick Director of Aviation Attachments: Ordinance ORDINANCE AUTHORIZING ASSIGNMENT OF AIRPORT CONCESSION AGREEMENT WITH THE CITY OF CORPUS CHRISTI FROM TEXAS SOUTH RENTALS, INC. D/B/A HERTZ CAR RENTAL TO HERTZ CORPORATION; AND DECLARING AN EMERGENCY. WHEREAS, Texas South Rentals, Inc, d/b/a Hertz Car Rental is the Lessee pursuant to the Long Term Rent-A-Car Concession Lease Agreement dated November 9, 2002, as amended from time to time (the "Lease"); and WHEREAS, Texas South Rentals, Inc. d/b/a Hertz Car Rental desires to assign all of its rights, title and interests in and under the Concession Lease Agreement to Hertz Corporation; and WHEREAS, in accordance with the Lease and the City Charter, the written consent of the City is required for the assignment. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That Texas South Rentals, Inc., d/b/a Hertz Car Rental Lessee, is hereby authorized to assign the Long -Term Rent-A-Car Concession Lease Agreement dated November 9, 2002, as amended between the City of Corpus Christi, Texas ("Landlord") and Texas South Rentals, Inc., d/b/a Hertz Car Rental to Hertz Corporation ("Lessee"). 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 passes and takes effect upon first reading as an emergency measure on this the day of October, 2005. ORD 4 Hertz Car Rental.doc.11a ATTEST: Armando Chapa City Secretary THE CITY OF CORPUS CHRISTI Henry Garrett Mayor LEGAL FORM APPROVED: October 5- , 2005. MARY KAY FISCHER, CITY ATTORNEY By: Corpus Christi, Texas Day of , 2005 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: Uwe, 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, Henry Garrett, Mayor City of Corpus Christi Council Members The above ordinance was passed by the following vote: Henry Garrett Brent Chesney Melody Cooper Jerry Garcia Bill Kelly Rex A. Kinnison John E. Marez Jesse Noyola Mark Scott 32 AGENDA MEMORANDUM 4GFNDA ITEM September 27, 2005 Motion authorizing the City Manager to execute a Half Street Deferment Agreement with Diamond Head Development Co.. (Developer), in the amount of $13,056.81 for public improvements including street pavement, curb, gutter, and sidewalks, for the future street construction improvements to Homedale Street between the east and west limits of Homedale Addition Unit 1. located south of Purdue Drive and east of Flour Bluff Drive in accordance with the Platting Ordinance_ ;SUE. it 11i eodie Se<3quist of OeHalf of Diainor+dhead Development Co. developer of Homedale Addition Unit lsubmitted written application for a Deferment Agreement for the trict!on of one-half ;:rf Homedale Street between the east and west limits of Homedale Addition Unit 1 platted in October 22. 1954 in accordance with the Platting Ordinance, Section V A 3. (b) REQUIRED COUNCIL ACTION: Council; authorization for the City Manager to enter into deferment agreement with Diamondhead Development Co.. (Developer). OONDITION: ` eveloper must post a letter of credit or equally liquid negotiable security ,rvith the City in the amount of 110% of the cost of the project, and comply with all other -equirements of the deferment agreement. RECOMMENDATION: Staff recommends approval of the ordinance as presented. ^,.ttachments_ E+hibit A Exhibit B Exhibit C Exhibit C) Background Information Location Map Half Street Location Map Deferment Agreement B.A..Hol,ABA. Holly, ICP Director of Development Services AGENDA MEMORANDUM At?')IT!ONAt.. BACKGROUND INFORMATION BACKGROUND: 1 he recent development of Homedale Addition Unit 1 (Exhibit B) platted t )ctober 22 1954 required the developer to construct public improvements including the , onstruction of Handlin Drive, water. sanitary sewer, and storm sewer lines. In addition, e developer is required to improve one half of the future Homedale Street, a 50 foot right - '8 -feet hack -of -curb tc, back -of -curb street including pavement, curbs, gutters. �4cic� sidewalks between the east and west limits of Homedale Addition Unit 1 (Exhibit C). rhe developer completed and the City accepted for maintenance the installation of water. •t-., Id _.re : HDruv:enients to Handlin Drive. talc 1=reddie R. Seaquist President of Sunray 1=nterprises Inc., in behalf of Diamondhead )e -elop gent C: revelope_' hes submitted Deferment Agreement documentation for approval by City Council to defer construction of one half of the street improvements nci.ad!ne street pavement, curb, gutter, and sidewalks of the future Homedale Street ,er:veer the east an.. west Lrnits Unit i Hornedale Subdivision. The Planning Commission in its February 9 2005 meeting recommended approval of a deferment agreement to defer the construction of one-half of street improvements to Homedale 'tree A Deferment .Agreement (Exhibit D) between the City of Corpus Christi and Diamondhead Development Co will allow the Developer to defer the construction of required mprovements including construction of street pavement. curb, gutter, and sidewalks until inc tract of land along the south side of future Homedale Street is developed and required artic!pate in °he ;c,arstruction of Homedale Street The Developer has agreed to deposit a $13.056.81 letter of credit or equal negotiable security in the arnouni of 110% of the estimated cost of constructing the required improvements. in compliance with the Platting Ordinance EXHIBIT A To 70 P44.6 464A'L7 30. PADRE I3G.4N0 DRi✓E cR64 N,41.4f ROAD 00../ PA PPG RoAO Pu/f ti,E Ko,4o Nomea4z 6 FGr )f 66i10,01 ,�cdl%F piste/c 7' GG6No 4X Div /41. L oGAT/oN MAP foR No ,SieAGf NOME0446 412D/77OA/ EXHIBIT B 1 Pa. rove off/ vE EX/577 GU4'& 6,4)7rig s,e4wamed( PAVEe/ENr EX/51r GC/it',t°f, laoTIER, 549Ew4LX / OA✓EME, /T XX/57: CORO, 4oTTER, .5/OEu'ALA- ,P4✓EMEM/T t% Y ROMEDACE 5T/i'EET f%IGT 5T/rEEj LOC.4T/ON A1,41:?,f',•.5 Eo f/�44F STifEET NOMEOALF Avo/Ti N (Yo6 -/7, P4 -5) 0EfE4:4454,T LOGAT/oti/ 5EXHIBIT C 41 DEFERMENT AGREEMENT STATE OF TEXAS COUNTY OF NUECES § This Agreement is entered into between the City of Corpus Christi, Texas ("City") and Diamondhead Development Co., ("Developer'), and pertains to deferral of the improvements required prior to final approval of Homedale Addition, Unit 1. The plat of Homedale Addition Units 1 and 2 was filed for record with the County Clerk of Nueces County, Texas on October 22, 1954 and is recorded in Volume 17, Page 5, a copy of the recorded plat is attached and incorporated as Exhibit 1. WHEREAS, the Developer is being required by the City of Corpus Christi to defer construction of sidewalks, curbs, gutters and street paving of the remaining unimproved portion of a half street (Homedale Drive) as shown on attached and incorporated as Exhibit 2; and WHEREAS, the Developer is to endorse a cashier check payable to the City of Corpus Christi in the amount of thirteen thousand, fifty six dollars and eighty one cents ($13.056.81), which is 110% of the estimated cost of constructing the required improvements, as shown on the attached costs estimate, which is attached and incorporated as Exhibit 3; with the City of Corpus Christi; and WHEREAS, the Developer will deposit the sum of thirteen thousand, fifty six dollars and eighty one cents ($13,056.81), which is 110% of the estimated cost of constructing the required improvements, as shown on the attached cost estimate, which is attached and incorporated as Exhibit 3, with the City of Corpus Christi; and WHEREAS, the City Attorney and Director of Finance have approved this transaction; and WHEREAS, the Developer has satisfied all other subdivision requirements, park dedications, park dedication deferment agreements, and maintenance agreements and all special covenants have been completed; and NOW, THEREFORE, the City and Developer agree as follows: 1 The City agrees to allow the Developer to defer construction of the required street improvements including curbs, gutters, sidewalks and pavement section along Homedale Street as shown in Exhibit 2 until the City causes said improvements to be constructed as a portion of an overall plan. 2 The Developer agrees to deposit thirteen thousand, fifty six dollars and eighty one cents ($13,056.81), with the City of Corpus Christi, which is 110% of the estimated cost of constructing the required improvements, Exhibit 3 and if the deposit is not made before the City Council meeting on September 27, 2005 this Agreement shall become null and void. VI 1 ..S A Y 1 EXHIBIT D (he principal amount of thirteen thousand, fifty six dollars and eighty one cents i$13,056.81) shall be placed by the City in an interest bearing account and the total sum. both principal and interest. shall be made available to the City of Corpus Christi solely for the construction of the required improvements hereunder. Such funds shall not be used for any other purpose whatsoever. The City's Director of Engineering Services, at the Developers expense, shall file for record this Deferment Agreement in the records of Nueces County. The City agrees that the sum of $13,056.81 cash, or 110% of the estimated cost of required improvements as shown in Exhibit 2 has been received by the City, the City's Director of Engineering Services shall issue a "Final letter of Acceptance" for Homedale Addition to the Developer; Diamondhead Development Co. 1618 Cantera Bay Drive Corpus Christi, Texas 78418 No party may assign this Deferment Agreement or any rights hereunder with the prior written approval of the other parties Unless otherwise stated herein, any notice required or permitted to be given hereunder shall be in writing and may be given by personal delivery, by fax, or by certified mail, and if given personally, by fax or certified mail, shall be deemed sufficiently given if addressed to the appropriate party at the address noted opposite the signature of such party. Any party may, by notice to the other in accord with the provisions of this paragraph, specify a different address or addressee for notice purposes. This Agreement shall be construed under and in accord with the laws of the State of Texas and all obligations of the parties created hereunder are performable in Nueces County, Texas, and all lawsuits pursuant hereto shall be brought in Nueces County. :=9 The Developer further agrees, in compliance with the City of Corpus Christi Ordinance No. 17113, to complete, as part of this Agreement, the Disclosure of Ownership interests form attached to this Agreements as Exhibit 4. 10 This Agreement shall be executed in triplicate, all original copies of which shall be considered one instrument. When all original copies have been executed by the City, and at least two original copies have been executed by the Developer, this Agreement shall become effective and binding upon and shall inure to the benefits of the parties and their respective heirs, successors and assigns. 2 of 4 ECC FEU is triplicate this day of , 2005. Diamondhead Development Co. ("Developer") 1618 Cantera Bay Drive Corpus Christi, Texas 78418 And By Fre die R Seaquist, Pa' er For Diamondhead Devels •merit Co. Gerardo M. Garcia, Partner For Diamondhead Development Co. STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on the Gj day of))14/ 2005, by Freddie R. Seaquist, Partner of Sunray Enterprises Inc., a Te .s Corporation, on behalf of Diamondhead Development Co. owner and developer of Homedale Addition Phase 1. STATE OF TEXAS COUNTY OF NUECES l>1 P rI.AAt6M) ARY PUBLIC, STATE OF TEXAS This instrument was acknowledged before me on the IS Jay of 2005, by Gerardo M. Garcia, Partner of Sunray Enterprises Inc., a Texas fforporation, on behalf of Diamondhead Development Co. owner and developer of Homedale Addition Phase 1. NOT + ' PUBLIC .,8T • TEXAS 3ui4 ATTEST: By: ARMANDO CHAPA, City Secretary CITY OF CORPUS CHRISTI ("City") P. O Box 9277 Corpus Christi, Texas 78469 Telephone: (361) 880-3500 Facsimile: (361) 880-3501 By: GEORGE NOE City Manager APPROVED AS TO FORM: This ; . day of r , 2005. By: 1, Joseph H ney Assistant City Attorney For City Attorney THE STATE OF TEXAS § § COUNTY OF NUECES § This instrument was acknowledged before me on the day of , 2005, by GEORGE K. NOE, City Manager for the CITY OF CORPUS CHRISTI, a Texas municipal corporation, on behalf of said corporation. NOTARY PUBLIC, STATE OF TEXAS 4 of 4 W O co I .� a s. w ! a„I :�_ )I NI7GNYH ..,•^L,",,„,", ` 'II I� I L__ s4, -;:d. s z is r -H, -j I 1 ls�� �.../ 4 Ia' _ n 12! O -7 x s n 1. n 7 44/ Jr, jI-r 1 '-.var, 1 EXHIBIT 1 -J LONGITUDINAL SECTION - Ld cC 0 CC 0 ( CC -EXHIBIT 2 HOMEDALE ADDITION (1.1 NI)'. RIiQI tRl 1) tO ('(1MI'l.Ii I I. kI'-l)I !II(t ) IMI' (()VI MINIS I() til Al I IR ILN HALF 11OMEDAl,1: S I ) Excavation 6" Curb & Gutter 4' R C. Concrete Walk 1 1/2" Hot Mix Asphalt 6" Cement Stabilized Base to 2' Back of Curb Traffic Control Pollution Control * 1 ump Sum 220 L 1 c $9.00 880 S 1: @ $3.00 293.3 S.Y.@ $5.50 391.1 S Y.@ $6.50 * Lump Sum * Lump Sum Total Construction Engineering (7.5%) $ 1,844.00 1,980.00 2,640.00 1,613.15 2,542.15 115.20 307.20 • $11,041.70 828.13 Total = $11,869.83 Required Additional 10% * Based on Percentage of Overall Lump Sum Bids 1,186.98 Total Required = $13,056.81 EXH1BIT- 3 wV mit CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST$ 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". FIRM NAME: Ley v;ONG/-%Ef7Co. STREET to /f' C.,->tiTEiCr1 4c3,,9 7" ,Ort' TY . C(: C e%(1'UC %'S �Nfi3T7 ZIP: 7g ii,/ FIRM is: 1 Corporation 0 2. Partnership ' 3. Sole Owner 0 4. Association 0 5 Other O 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) NC A/6 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 h /V/ ' ` e 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 o n/E 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 3% or more of the ownership In the above named `firm". Name No NE 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: �iPEDlP/E SEAq o 5T ype or Print) Signature of Certifying Person:.�.1 :-50-4,e.. rive: ....... /74frTic/ER Date:.., /// Zoo SG EXHIBIT 4 33 CITY COUNCIL AGENDA MEMORANDUM October 11, 2005 AGENDA ITEM: Ordinance abandoning and vacating a 10 -foot wide (6,638 -square feet) utility iasement out of Lots 1-26. Block 2. Holliday Harbor located 210 -feet east of Laguna Shores Road and north of an undeveloped portion of Yorktown Boulevard; requiring the owner, Laguna Shores Resort and Marina LP to comply with the specified conditions; and declaring an emergency. ISSUE: The purpose of the easement closure is to allow for the future development of a resort and arida in the area. REQUIRED COUNCIL ACTION: City Charter requires Council approval to abandon and vacate any portion of an easement. IMPLEMENTATION SCHEDULE: Upon approval from Council and publication of the ordinance, all :jrant.s of easement closures must be recorded in the real property Map Records of Nueces County, exas, in which the property is located. Prior to Building Permit approval of construction, an up -to - late survey, abstracted for all easements and items of record, must be submitted to the Director of Development Services. These requirements are in compliance with Ordinance No. 025816, approved 7-13-04. RECOMMENDATION: Staff recommends approval of the ordinance as presented on an emergency bans. ATTACHMENTS: Exhibit A - Background Information Exhibit B - Ordinance Exhibit C - Site Location Map .A�'olly, AICP Dir-ctor of Development Services AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION PURPOSE OF CLOSURE AND BACKGROUND Urban Engineering, on behalf of Laguna Shores Resort and Marina, LP, is requesting the abandonment and vacation of 6,638 -square feet of a 10 -foot wide utility easement out of Lots 1-26, Block 2, Holliday Harbor, in order to accommodate the future development of a resort and marina within the area occupied by the existing utility easement. The easement to be abandoned and vacated is located in a "B-4" General Business District. Ni public and franchised utilities were contacted regarding the vacating and abandonment of the utility easement. None of the city departments and franchised utility companies had any facilities within the easement or any objections to the easement being vacated and abandoned. Staff recommends payment of the fair market value of $1,165.00 for the abandonment and vacation of the 6,638 -square feet of 10 -foot wide utility easement. The owner has been advised of and concurs with the conditions of the easement closure. EXHIBIT A FROM E ,1 1 u L i\iCP, Direc,or of 1)eceiopmeni Services DATE: October 6 2005 TO THE CITY MANAGER OF THE CITY OF CORPUS CHRISTI: ORDINANCE REQUEST DATE RECOMMENDED FOR COUNCIL ACTION: October 11 2005 ORDINANCE CAPTION: Ordinance abandoning and vacating a 10 -foot wide (6,638 -square feet) utility easement out of Lots 1-26, Block 2, Holliday Harbor, located 210 -feet east of Laguna Shores Road and north of an undeveloped portion of Yorktown Boulevard; requiring the owner, Laguna Shores Resort and Marna. LP. to comply with the specified conditions: and declaring an emergency. OTHER PERTINENT INFORMATION TO BE INCLUDED IN ORDINANCE: Pat is recorded in Volume 44. Page 31. of the Map Records of Nueces County, Texas. SPECIFIED CONDITIONS AS PART OF CLOSURE: 1 The Owner shall pay the fair market value of $1,165.00 for the abandonment and vacation of the total 6,638 -square feet of the 10 -foot wide utility easement prior to issuance of building permit. Upon approval from Council and issuance of the ordinance, all grants of easement closures must be recorded at owner's expense in the real property Map Records of Nueces County, Texas, in which the property is located. 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. 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. APPROVED: DATE: DATE: REQUESTED BY: --B. olly, AICP, Director of Development Services DATE: /0 6 -f1 5 -- EXHIBIT B AN ORDINANCE ABANDONING AND VACATING A 6,638 -SQUARE FOOT PORTION OF A 10 -FOOT WIDE UTILITY EASEMENT IN LOTS 1-26, BLOCK 2, HOLLIDAY HARBOR, LOCATED 210 FEET EAST OF LAGUNA SHORES ROAD AND NORTH OF AN UNDEVELOPED PORTION OF YORKTOWN BOULEVARD; REQUIRING THE OWNER, LAGUNA SHORES RESORT AND MARINA, LP, TO COMPLY WITH THE SPECIFIED CONDITIONS; AND DECLARING AN EMERGENCY. WHEREAS, there is a 6,638-suare foot portion of a 10 -foot wide utility easement in Lots 1-26, Block 2, Holliday Harbor, located 210 feet east of Laguna Shores Road and north of an undeveloped portion of Yorktown Boulevard, as recorded in Volume 44, Page 31, Map Records Nueces County, Texas, that the owner, Laguna Shores Resort and Marina, LP, (Owner), wishes to have abandoned and vacated; and WHEREAS, it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon and vacate said portion of the easement for all purposes, subject to the provisions below. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. That the 6,638 -square foot portion of a 10 -foot wide utility easement in Lots 1-26. Block 2, Holliday Harbor, located 210 feet east of Laguna Shores Road and north of an undeveloped portion of Yorktown Boulevard, as recorded in Volume 44, Pages 31, Map Records Nueces County, Texas, is abandoned and vacated for public use as a utility easement, subject to Owner's compliance with the following specified conditions as part of the abandonment and vacation: 1) The Owner shall pay the fair market value of $1,165.00 for the abandonment and vacation of the total 6,638 -square feet of the 10 -foot wide utility easement prior to issuance of building permit. 2) Upon approval from Council and issuance of the ordinance, all grants of easement closures must be recorded at owner's expense in the real property Map Records of Nueces County, Texas, in which the property is located. 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. 3} 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 H vLEG-DIR\Joseph\ORD-Ho!IHrbr-ay.doc 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 11th day of September, 2005. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary ApprovedLe-1,r y , 2005 By Josey Harney Assistant City Attorney For City Attorney H' LEG-D]R\Joseph\ORD-Ho1IHrbr-ay.doc Henry Garrett Mayor orpus Christi, Texas day of 2005 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, Henry Garrett, Mayor City of Corpus Christi Council Members The above ordinance was passed by the following vote: Henry Garrett Brent Chesney Melody Cooper Jerry Garcia Bill Kelly Rex A. Kinnison John E. Marez Jesse Noyola Mark Scott H-1L}?G-DIR\JosephVORD-1-1oIIHrbr-ay.doc 4 a: c\c ? EASEMENT CLOSURE Lots 1-26- Block 2, Holliday Harbor EXHIBIT C 0 O�O O O E f0 1 O A 0 o 74-5 j N n = m -o 2:1s o a'0 g 0 c 3 8-o oao 2 0 JT T 5 u. E. O 0 O 7i/ ck _ o Mop oes County. Texas J o 10.05 E a0 ,` 0 U b 0 0 r 0 r o 15' 8.1.%- — N Sb'7'p7�� N6;" O'00�r Yorktown Boulevard xY7.91' EXHIBIT C 34 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 10/11/05 \,(HDA ITE!11: AN ORDINANCI-_ EXTENDING A CESSION AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND THE CITY OF PORTLAND TO ALLOW THE CITY OF PORTLAND ANNEXATION RIGHTS AND POLICE POWERS OVER AND [N CERTAIN TRACTS OF LAND, BY MUTUAL AGREEMENT, PROVIDING FOR PUBLICATION; PROVIDING SEVERABILITY; AND DECLARING AN EMERGENCY. ISSUE: Fite City of Portland has requested a renewal of the existing agreement that ceded a portion of Corpus Christi extraterritorial jurisdiction in San Patricio County to the City of Portland. The existing agreement. approved on October 24, 1995 by the Corpus Christi City Council, will expire on October 23, 2005. The proposed agreement does not expand the boundaries of the area ceded in the 1995 agreement. REQUIRED COUNCIL ACTION: Approval PREVIOUS COUNCIL ACTION: City Council approved the existing agreement on October 24, 1995 with a ten year expiration date. Prior to 1995 the City of Corpus Christi and the City of Portland executed similar agreements in 1983. 1982, and 1968. RECOMMENDATION: Approval Director of Development Services Attachments: Attachment A: Letter from City of Portland Requesting Renewal of Agreement Attachment B: Copy of the 1995 Agreement Attachment C: Map of City of Portland Annexations Since 1995 Attachment D: An Ordinance and Cession Agreement i? PI V-DIK SHARI.D4: o nprchensive PlanningV( ity of Portland A10-04-05 City Council Agenda Item - ETJ Cession Agreement.doc 13ACKCROUND INFORMATION xtrtacrritoria l jurisdiction I 1 I I t for I cxas cities was enacted by the Texas Legislature and went Into effect on August 23. 196.1. 1 he purpose of the 1:17 is to preserve land for a city to grow nto. Through annexations. and to assure that the subdivision of land follows city standards. The citv is based on the resident population and there are live categories to determine how Car the E,T.I will extend past the incorporated areas of the municipality. ies with a population of l . 5.000 and under: 2. 5.000-24.999: 3. 25.000-49.999: 4. 50.000-99.999: 5. 100.000-: a 1'2 mile ETJ boundary a 1 mile ET.1 boundary — applies to City of Portland with a population of 17,000. a 2 mile ETJ boundary a 3 ''; mile ELI houndary a 5 mile ETJ houndary — applies to the City of Corpus Christi with a population estimated to be 293,000. There can he no overlap of jurisdiction: when the legislature established the ETJ law in 1963, it required cities to reach a mutually acceptable agreement to determine the bounds of each city's ETJ within the area of overlap, Through a series of agreements in 1968, 1982, 1983, and 1995, the C ity of Corpus Christi ceded extra territorial jurisdiction to the City of Portland. fhc ; 995 agreement ceded control over the sane area that was negotiated in the 1983 agreement. Since 1995. the City of Portland has approved six annexations and annexed 454.4 acres of property within the cession agreement area of 1995. (See Attachment A and B) Extending City of Corpus Christi services to the area proposed to be ceded would not be cost effective due to distance from existing city service areas and the difficult and expense of traversing N ueces Ba. Therefore. for the foreseeable future, the most efficient and cost effective delivery of services could be accomplished by the City of Portland and San Patricio Municipal Water District. d'I N-D1R'SilARLDAComprehensive Mann ngACity of Portland \9-27-05 ON Council Agenda item - LTJ Cession Agreement.doc \ttachment k: Letter from ( it) of Portland Requesting Renewal of Agreement August 11 2005 CITY OF PORTLAND TEXAS Mr George K. Noe City Manager City of Corpus Christi P O Box 9277 Corpus Christi, Texas 78469-9277 Subject Renewal of ETJ Cession Agreement Dear Mr Noe ur ry Mq 2L7(7.5 NAtrt The ETJ Cession Agreement between the City of Corpus Christi and the City of Portland expires on October 24, 2005. Members of our staff have discussed the need to renew the 10 year agreement with numerous members of your staff (Ron Massey, Michael Gunning and Bob Payne) over an extended period of time. None of the Corpus Christi staff officers we have spoken with have raised objections to renewal or suggested revisions to the existing ETJ Cession Agreement. Renewal of this agreement is extremely important to Portland. Without it, control of the unincorporated area immediately surrounding our city would be lost and our annexation rights forfeited. I've attached a copy of a renewal ordinance and the original ETJ Cession Agreement for your review. I would appreciate it very much if you would present both to your City Council for deliberation. Nothing in either document should negatively impact the City of Corpus Christi, however, if you wish to discuss it first or propose revisions, I will be happy to meet with you Sincerely, Mike Tanner City Manager biPLN-PIR- .HARI omprehenso,e Planning \( of Ponlandl9-27-05 (itq Council Agenda Item - ETJ Cession Agreement.doc Attachment B: Copy of the 1995 :Agreement S I VI E OF FEXAS ( OUN1\ OF NIECES I ATE OF FEN AS ( OUN"I l' OF SAN PA "I R1(10 (I FI OF PORTLAND - CITI OF CORPUS CHRISTI CESSION AGREEMENT WHEREAS, the City of Portland, a municipal corporation having a population of five thousand or more but less than twenty-five thousand inhabitants, has an extraterritorial jurisdiction consisting of all contiguous unincorporated area, not a part of any other city or the extraterritorial jurisdiction of any other city, within one mile of its corporate limits; WHEREAS, the City of Corpus Christi, a municipal corporation having a population of vie hundred thousand or more inhabitants, has an extraterritorial jurisdiction consisting of all :ontiguous unincorporated area, not a part of any other city or the extraterritorial jurisdiction of al% other city, within five miles of its corporate limits; WHEREAS, on August 23, 1963 the area within one mile of the then city limits of the ('itv of Portland and the area within tive miles of the then city limits of the City of Corpus Christi was an area of overlapping jurisdiction between the City of Corpus Christi and the City of Portland: WHEREAS, The City of Corpus Christi, on February 22, 1968, contracted with the City of Portland to cede to the City of Portland for a period of ten years all such areas of overlapping jurisdiction as they existed in 1963: WHEREAS, during such ten-year period, the City of Portland annexed most of its one - mile area of overlapping jurisdiction: WHEREAS, the City of Corpus Christi, on May 25, 1982, contracted with the City of Portland to cede to the City of Portland additional areas of overlapping jurisdiction within one mile of the then existing and presently existing city limits of the City of Portland and not within one-half mile of the City of Gregory and an area lying generally north of the City of Portland, such areas being more particularly described in the contract dated May 25, 1982, reference to which is here made; WHEREAS, the City of Corpus Christi, on August 2, 1983, contracted with the City of Portland to cede to the City of Portland additional areas of overlapping jurisdiction within one mile of the then existing and presently existing city limits of the City of Portland and not within ane -half mile of the City of Gregory, an area lying generally northeast of U.S. Highway 181, such area being more particularly described in the contract dated August 2, 1983, reference to which is here made; WHEREAS, the City of Portland now desires to annex additional land not more than one ii• PLN-DIPSHAREDWomprehensive Planning" -City car Portland\9-27-05City Council Agenda Item - ET1 Cession Agreement.doe .[it. tions its present Cit, limits and vv ithln the it c-mtic extraterritorial jurisdiction oldie City of .r;u<( Fk1 _ and '\ HERF_AS, it is the desire of the City of Corpus Christi to reduce the boundaries of its �triterritorial jurisdiction so that said proposed annexation by the City of Portland may he !ec!+mplished, there being no other cities having Jurisdiction or legal interest for the purpose of establishing the exclusive :Inncyation rights and poliee powers of the City of Portland and in the �!iit am tract 01' land: NOW. THEREFORE. SECTION L I ffecti%c as ,,t the date of execution of this :ygreernent, the City of Corpus hr;sti hereby apportions to. relinquishes. cedes and coneys to the City of Portland sole and cxclusivt. annexation rights, privileges. powers. and authority under the TEX. LOCAL Gov'i ( !ODE, CHAPTER 42 (Vernon 1988) and other applicable laws, that area lying generally northeast of and including U.S. Highway 181 and over and in those tracts of land, as described by metes and hounds and map thereof contained in Exhibit "A", attached hereto and made a part hereof subject to the provisions of this Agreement. SECTION 2. Effective as of the date of execution of this Agreement, the City of Corpus Christi hereby apportions to, relinquishes, cedes and conveys to the City of Portland sole and exclusive annexation rights, privileges. powers. and authority under the TEX. LOCAL GOv'T -01)F, CHAPTER 42 (Vernon 1988) and other applicable laws, that area lying generally north =•f the City of Portland and northwest of i_':.S. Highway 181, within one mile of the existing city imits of the City of Portland and not within one-half mile of the City of Gregory as described by map thereof contained in Exhibit "B". attached hereto and made a part hereof, subject to the provisions of this Agreement. SECTION 3. From and after the date this agreement is approved and adopted by the t1o� erning Bodies of the cities which are parties hereto, and for a period often (10) years thereafter, the City of Portland, Texas, shall have exclusive extraterritorial jurisdiction over the land area as described in Section 1 and Section 2 of this agreement. Said land may be annexed by the City of Portland within such ten (10) year period; provided however, that in the event said [and or portion thereof remains outside the corporate boundaries of the City of Portland at the expiration of -such ten (10)period. the extraterritorial jurisdiction over said land or portion thereof shall revert to the City of Corpus Christi. SECTION 4. The City of Portland will exercise control over the delivery of water in the :.tbove-described area so that all new water customers will be required to construct water systems meeting the standards of the City of Portland for new subdivisions and will be required to connect to the water system of the City of Portland. In this regard, the City of Portland will take all steps reasonably available to it to stop any other governmental jurisdiction or private ,corporation from providing water service or extending any existing water service to any new ,.:ustorners in the above described area. SECTION 5. The City of Portland will review its plans for future sewage and drainage tacilities so as to direct as much drainage surface runoff and sanitary sewage effluent toward Nueces Bay as is economically and physically feasible. SECTION 6. The City of Corpus Christi and the City of Portland hereby agree to provide .each other with full information about any oil and gas exploration activities lying within one-half PI V-UIR`S HARE1.Comprehensive Planning'r oI Ponland'9-27-05 City Council Agenda Item - ETJ Cession Agreement.doc Huh oh the limits oh either city )I ith a bottom hole location not physically located under the a which has _r:tted p rmit !or the particular \\ HI The Petroleum Superintendent of 'iiN ,,1 pus ( )III vyill hr .Iv allahic, as circumst,ulces permit. to consult with or assist the It of Portland regarding any aspect of oil and gas drilling regulations or to provide inspection direct cost reiltil lrsemetu basis .tt Inc request of the ( ItA of Portland. When circumstances permit, the Planning and I )e ciopment Department of the City of Corpus Christi will be available the +.i, of Portland for advice and consultation SECTION 7 the ( 'it v of( orpus Christi reserves unto itself complete extraterritorial Iri <dfiction Ulan and all areas vylthin liyc miles of the (itv of Corpus Christi, except those areas that have been previously ceded to municipalities vyithin such five mile area and the arca cried herein. SECTION 8. Al! understanding and agreements of the parties hereto are merged in this agreement and all prior agreements of the parties thereto. relative to the subject matter hereof, are superseded by this Agreement. SECTION 9. Rally any section, paragraph. sentence_ clause. phrase, or word of this \greement shall. for any reason. he Finally adjudged by any court of competent jurisdiction to be unconstitutional or invalid, such final judgment shall not affect, impair or invalidate the remainder thereof. but shall be confined in its operation to the section, paragraph, sentence, lause. phrase, or worked thereof so found unconstitutional or invalid. • SI 'BSCRIBFD ATTESTED. APPROVED AND EXECI'TED in duplicate originals in the State of Texas and completed on this day of . 1995. APPROVED: City Attorney ATTEST. Armando Chapa, City Secret CITY OF CORPUS CHRISTI, TEXAS APPROVED THIS 13TH DAY OF SEPTEMBER, 1995: JAMES R. BRAY JR., CITY ATTORNEY By ibert J. Hart, Assista Attorney /4.-f q�_ �� .9_... AUTHORIZEL er couNClt /O 024-95 ¢cent Ap LIE: IES \ND BOt"NDS DESCR1PT1ON FOR IDE MN OF PORTLAND 1 \ I R 11 F:RRI1 ORl.l .lt RISDI( ZION FASI OF 15I) DING 1'. S. HIGHWAY 181 IseL,nnin_ ata point tt here the north nt.tht-ot-«,n I'.A1 intersects the west right-of- tG a) line of State 1 lighway 181 for a comer, said point being north corner of the present City of Portland city limit line. : hence, nl a northerly direction along the vvest right-of-way of t'_S. Highway 181 to a point on said right ;of -way line that is a distance of approximately 3.308 tett north of the present City of Portland northern city limit line and 3,269 feet south of the City of Gregory southern city limit Ilnc_ for the north comer of this tract: Lhence, in an easterly direction along a line that parallels the existing City of Gregory southern city limit line at a distance of 3269 feet due south and perpindicular therefrom, following said Inc to its intersection with the east right-of-way line of the Southern Pacific Railroad, for a point ;,t this tract: -hence. South 64° 49' 45- East- a distance of approximately 4.100 feet, to the point of Intersection with the centerline of Green Lake Drainage Ditch, for the east corner of this tract; Thence, in a southerly direction along the meanders of the centerline of Green Lake, a distance of x.640 Leet to a point on the centerline of Green Lake, said point being also 1,750 feet from and perpendicular to the present City of Portland northeast city limit line, for a corner of this tract; Thence, in a southerly direction along the center line of said drainage ditch, a distance of 3200 feet to a point. for an inside corner of this tract; Lhence, in an easterly direction along the center line of Green Lake, a distance of 500 feet to a point, for an outside corner of this tract: Thence, in an southerly direction along the center line of Green lake to the shoreline of Corpus 'hnsti Bay, a distance of 800 feet to a point, for the southeast corner of this tract; Thence, in an southwesterly direction along the meanders of the shore line of Corpus Christi Bay, i distance of 600 feet, to a point which is a corner of the present city limits of the City of Portland_ for an outside comer of this tract: Lhence, in an northwesterly direction with the present city limits line of the City of Portland, a distance of 5100 feet to a point, which is a corner of the present city limits of the City of Portland. for an inside corner of this tract: Thence, in an westerly direction with said present City of Portland city limits line, a distance of X400 feet to the east right-of-way line of Southern Pacific Railroad, to a point which is a corner Of the present city limits of the City of Portland, for an inside corner of this tract; thence, n an southerly direction, a distance of 100 feet to a point, for an outside corner of this ra(a: [hence, In an westerly direction, a distance of 620 feet, to a point on the west right-of-way line of Highway 181, for the southwest comer of this tract: Thence, in an northerly direction along the west right-of-way oft I.S. Highway 181, a distance of 400 feet, to the point of beginning. i ,PLV-DIR`SHARED`Comprehensivc Planning\Cnv of Portland A9--27-05 City Council Agenda Item - ET7 Cession Agreement.doc Crm GREGORY .19 10 PORTLAND on i 7 . AREA CEDED TO PORTLAND '5NH2870.603 '-14-95 Exhibit A CARPUS CHRISTI BAY SCALE IN MILES % ` % H. PLN-DIR`SHARED\Comprehensive Planning\Crtp of Portland19-27-05 City Council Agenda Item - ETJ Cession Agreement.doc I4 1 1 1 1 7 1S cREGOR't ' d ,,o r rt2870.603 -95 1 Exhibit B 1 U SCALE WHILES k �y CORPUS CHRISTI BAY 8 PI NEAR SHARED.Comprehensive PlanningVC tv of Portland'9-27-05 City Council Agenda Item - ETJ Cession Agreement.doe \ttachment C: Alap of (ity of Portland :annexations since 1995 Corpus Christi Bay Gay of Carpus Glrlili. TX Deparlal of DevXopneal *robes Area ceded to Cityof Portland in sq. miles: 5.096 Areas annexed since 1995 by City of Portland in sq. miles: 0.717 Portland City Limit Line Corpus Christi City Limit Line Extraterritorial Jurisdiction (ETJ) 0 2500 5000Feet ALXS-SEPT-23-05 H Pi_N-DIR\SHAREDAComprehensive PlanningVCity of Portland9-27-05City Council Agenda Item - ETJ Cession Agreement.doc ttachmcnr IY ORDINANCE PROVIDING FOR THE CESSION BY THE CITY OF CORPUS CHRISTI TO THE CITY OF PORTLAND OF ALL ANNEXATION RIGHTS AND POLICE POWERS OVER AND IN CERTAIN TRACTS OF LAND, BY MUTUAL AGREEMENT, MARKED EXHIBIT "A"; PROVIDING FOR PUBLICATION; PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY. WHEREAS, the City of Portland, a municipal corporation having a population of five thousand or more but less than twenty-five thousand inhabitants, has an extraterritorial jurisdiction consisting of all contiguous unincorporated area, not a part of any other city or the extraterritorial jurisdiction of any other city, within one mile of its corporate limits; WHEREAS, the City of Corpus Christi, a municipal corporation having a population of one hundred thousand or more inhabitants, has an extraterritorial jurisdiction consisting of all contiguous unincorporated area, not a part of any other city or the extraterritorial jurisdiction of any other city, within five miles of its corporate limits; WHEREAS, on August 23, 1963 the area within one mile of the then city limits of the City of Portland and the area within five miles of the then city limits of the City of Corpus Christi was an area of overlapping jurisdiction between the City of Corpus Christi and the City of Portland; WHEREAS, The City of Corpus Christi, on February 22, 1968, contracted with the City of Portland to cede to the City of Portland for a period of ten years all such areas of overlapping jurisdiction as they existed in 1963; WHEREAS, during such ten-year period, the City of Portland annexed most of its one -mile area of overlapping jurisdiction; WHEREAS, the City of Corpus Christi, on May 25, 1982, contracted with the City of Portland to cede to the City of Portland additional areas of overlapping jurisdiction within one mile of the then existing and presently existing city limits of the City of Portland and not within one-half mile of the City of Gregory and an area lying generally north of the City of Portland, such areas being more particularly described in the contract dated May 25, 1982, reference to which is here made; WHEREAS, The City of Corpus Christi, on August 2, 1983, contracted with the City of Portland to cede to the City of Portland additional areas of overlapping jurisdiction within one mile of the then existing and presently existing city limits of the City of Portland and not within one-half mile of the City of Gregory, an area lying generally northeast of U.S. Highway 181, such area being more particularly described in the contract dated August 2, 1983, reference to which is here made; WHEREAS, the City of Corpus Christi, on October 24, 1995, contracted with the City of Portland to renew the agreement of August 2, 1983, for a ten year period. the area of ceded control remained the same northeast of U.S. Highway 181 and was only slightly modified to the north and west as annexations took place extending Portland's ETJ zone; WHEREAS, the City of Portland now desires to annex additional land not more than one mile from its present city limits and within the five-mile extraterritorial jurisdiction of the City of Corpus Christi; and WHEREAS, it is the desire of the City of Corpus Christi to reduce the boundaries of its extraterritorial jurisdiction so that said proposed annexation by the City of Portland may be accomplished, there being no other cities having jurisdiction or legal interest for the purpose of establishing the exclusive annexation rights and police powers of the City of Portland and in the said certain tract of land• NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager of the City of Corpus Christi is hereby authorized to execute the "City of Portland-City of Corpus Christi Art. 970A Cession Agreement". marked Exhibit `A", attached hereto, and by this reference incorporated herein and made part hereof for all purposes, for and on behalf of the City of Corpus Christi and City of Portland, all as authorized by Art. 970A, V.A.C.S., Texas, and pursuant to Sections B and C thereof, and approved, sealed and attested by the City's officers as required by law. Said Cession Agreement shall in no way be intended to include any water area or underlying land within the boundaries of Corpus Christi Bay and The Gulf of Mexico. SECTION 2. This ordinance shall be published by caption once in a newspaper of general circulation in the City of Corpus Christi. SECTION 3. All ordinances or parts of ordinances in conflict herewith shall be and are hereby repealed to the extent of conflict herewith. SECTION 4. If for any reason any section, paragraph, subdivision, clause, phrase, or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court to competent jurisdiction, it shall now affect any other section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 5. 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 11th day of October, 2005. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Approved By: Joseph arney Assistant City Attorney For City Attorney 2005 Henry Garrett Mayor corpus Christi, Texas day of 2005 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, Henry Garrett, Mayor City of Corpus Christi Council Members The above ordinance was passed by the following vote: Henry Garrett Brent Chesney Melody Cooper Jerry Garcia Bill Kelly Rex A. Kinnison John E. Marez Jesse Noyola Mark Scott 1 \ FF OF "I FA 1S a Ut N \ OI Nt l.S ti I -A fh 01 FF\ \S t OI N I \ OF S AN I',V FRIGID ( III 1 I'ORI I. A11) - ( Ill 01 (ORI't S CHRISTI CESSION ACRI F,\IF:N 1 \\HERE.AS, the ( Itv rf Portland, a municipal corporation having a population of five thousand Juorrc but less than twcnt:-tiye thousand inhabitants. has an extraterritorial jurisdiction lslsting of all contiguous unincorporated area. not a part of anv other city or the extraterritorial Indiction of <uty ether cit., within one mile of its corporate limits: SI H ERE IS, the ( Iry oft-orpus Christi. a municipal corporation having a population of one undreu thousand or more Inhabitants, has an extraterritorial jurisdiction consisting of all onuguous unincorporated arca, not a part of any other city or the extraterritorial jurisdiction of ,Iv ether :.ity, within tiv C corporate knits. WHEREAS, on .August ?_t. 1961 the area within one mile of the then city limits of the City of ;', and and the area within five miles of the then city limits of the City of Corpus Christi was an -caerlapping jurisdiction heti+een the Cite of ('orpus Christi and the City of Portland; ov'H ERE AS, The City of C orpus Christi, on February 22. 1968, contracted with the City of j', Jrt land to cede to the Citv of Portland for a period of ten years all such areas of overlapping :urisdicti(,n as they existed in 1963: WHEREAS, during such ten-year period. the City of Portland annexed most of its one -mile area verlapping jurisdiction. \WH ERE,AS, the C ity of ('orpus Christi, on May 25. 1982, contracted with the City of Portland !J, cede to the City of Portland additional areas of overlapping jurisdiction within one mile of the ,lice existing and presently existing city limits of the City of Portland and not within one-half :rile 01 the City of Gregory and an area lying generally north of the City of Portland, such areas um« more particularly described in the contract dated May 25, 1982, reference to which is here uatit: t,IF, S Ii,ARl7) C ompILI rdd‘c Plannme ( 1 P Lund e-2 -u5 (-m ( wncnl Agenda Item ET! Cession Agreementdoc �� lil:lll 1� tit I (,utetl vv ilii the (itv of Portland �..1r ft • the t n%..,I I'(,ilLiiid .Idtiuloual ,near ri crlappieu2. jurisdiction within one mile of the HIrr ex ;sling :Inti prescntlt:iu limits of the ('1ly of Portland and not within one-half .,1 (,IC:;ol :111 .ili.1 1\ 111 _I C11C1,111V Ii 1I Lihi 11112,iiA aA 181, such area Indic pall dc,crih,d in Stu° r ,lntract dated \u'aust 2. 1983. reference to vahich is here \\ HERE \S. the :rpu. (hn,ll. ,'n Uetohc `+RC1 and 1.» retieA1 the awe meld ups' 2. Itlt i, acIM remained Me ,anlc nortllca-a S. highVA, nrtll and .e,t a; :utnexatlons took place extending 1. 1995. contracted with the City of ti(r a ten year period, the area of ceded A\ 181 and was only slightly modified to the Portland's En zone; WHEREAS, the ('iii- of Portland now desires to annex additional land not more than one mile iTon1 its present city limits and within the live -mile extraterritorial jurisdiction of the City of tlrpus Christi: and WHEREAS, it is the desire of the City of('orpus ('hristi to reduce the boundaries of its extraterritorial jurisdiction so that said proposed annexation by the City of Portland may be .IL complished, there being no other cities having jurisdiction or legal interest for the purpose of estahlishing the exclusive :Mlle xalion rights and police powers of the City of Portland and in the Mui certain tract of land: NOW, THEREFORE. ,ECTION I. Effective as of the date of execution of this Agreement, the City of Corpus Christi ierchy apportions to, relinquishes, cedes and conveys to the City of Portland sole and exclusive annexation rights, privileges, powers, and authority under the TEX. LOCAL Gov't CODE, t 'H APTER 42 (Vernon 1988) and other applicable laws, that area lying generally northeast of and Including t.S. Highway 181 and over and in those tracts of land, as described by metes and `pounds and map thereof cuntaiued in Exhibit "A.1". attached hereto and made a part hereof, subject to the provisions of this Agreement. ti E('TiON 2. Effective as of the date of execution of this Agreement, the City of Corpus Christi hereby apportions to, relinquishes, cedes and conveys to the City of Portland sole and exclusive arrnexation rights. privileges, powers. and authority under the TEX. LOCAL GOv'T CODE, '11APTER 42 (Vernon 1988) and other applicable laws, that area lying generally north of the _ ity of Portland and northwest of U.S. Highway 181, as described by a map thereof contained in t xhibii "A.2", attached hereto and made a part hereof, subject to the provisions of this Agreement. -1 1'I DIR IIIA 071) ((mprehensi -e Planninu.( arc of Portland 9-27 (rh C ouncil .A cnda Item - ETJ Cession Agreement doe I ( I IOA �l �f i � lil .�'i�ell1. �.Ij�hl c'vCd aidAdopted by the(ioyerlline c11�r of the titie, \\ Inch are parties Ilrreto and tot ;t period ulten ( )) years thereafter, the City P ,ril;ftL fexu< shall have eexiraterrrtoral iurisdiction over the land area as 1 anJ sei.ror I tlus agr(euieut `;ani land nl;n he annexed by the City of u).1 such ten r )) e;I! 1)Cnurl 1)n,v idcJ 'vCI. that ill the ev ent said land oi' ^tl 1Ic[coI p.lli;lllls UIIi.IdL' the �orpi�l;Ile h andli'. U1 1Ic ( Il\ kit Portland at the exptratilan I t)1 1,,'toil_ the rxlrar!ril� n.Il lurisdlr1i l neer said Ianrl or portion thereof shall Inc ( t�, �tu� Chri;l, tiE( TlO1 4. 1 m.tinlain ),-undan Inlioru,t1ion hctvvice i the City orCorpus Christi .hid the ('ttv urPortland. when the ( of Portland completes any annexation of the areas ceded r [ vhibil I an 11 the (itv tland grill lorward to the City Manager's Office and City ,s'cI ,rpus Christi annexation ordinal ec maps and boundary descriptions of areas SE( -TION 5. The Pity of Portland will exercise control over the delivery of water in the above- Je s(rihed :Teta �n th;tt all new \\ customers vrill he required to construct water systems ileetim2 the standards of the City of Portland for new subdivisions and will he required to ,anect to the v, Ater systel of the ('it,. of Portland. In this regard, the City of Portland will take tsteps reasonably available to it to stop any other governmental jurisdiction or private rpnra1n ii from providing water lee or extending an\ existing water service to any new in the above described <irea- SECTION 6. The City of Portland will review its plans for future sewage and drainage facilities a- to direct as much drainage surface runoff and sanitary sewage effluent toward Nueces Bay teconomically and physically feasihle SE('I'ION 7. dile City of ('orpus Christi and the City of Portland hereby agree to provide each ,thei with full information about any oil and gas exploration activities lying within one-half mile +d the lit -nits of either city or with a bottom hole location not physically located under the utrindiction which has granted a permit for the particular well. The Petroleum Superintendent of the City of Corpus Christi will he available, as circumstances permit, to consult with or assist the x of Portland regarding any aspect of oil and gas drilling regulations or to provide inspection ail a direct cost reimbursement basis at the request of the City of Portland. When circumstances permit. the Planning and Development Department of the ('ity of Corpus Christi will be available the ( ab, of Portland for advice and consultation. SE(' PION 8. ['he City of Corpus ('hrrsti reserves unto itself complete extraterritorial jurisdiction of any and all areas within five miles of the City of Corpus Christi. except those areas that have em previously ceded to municipalities within such tiye mile area and the area ceded herein. I DIR ',HARFD'(omprrhen.1 e i'lamiine Cm ul Ibr[Innd 9-27-0s 1 C.•u ncil Agenda Rein - ETJ Cession Agrecmentdoc ( 11()N t). VI., 1l merits n1CrgCd iii this cement „Ind ;Ili prior agreement', ihc partici therrto_ rclative to the subject matter hereof. :ire hc�:eded by this ALireement sF ( FIO!S Ill. 1(,In, >eetI, n, p,tLI:tph. �rnicnrr..luu,e. phrase, ��r ��ord of this Agreement di li r anv tinally tuIiudeed by any court 01 competent jurisdiction to be � sututional 1,1 env alid_ such tinal iudI.lnent Irlll rini Litiect, impair or invalidate the noel Welt :hill he c,,otined m it, to the �ectinn. paragraph. sentence. ,U tl.crcot jii !omit' tinlonsUHiiir)nal of IfVBIId. 13.`.',r1'IBI:D..a LI 1'S-1 FD. _AI'ITO\ AT1) AND 1AI:(.1. I1_) In duplicate originals in the fate of Texas and completed on thi,, day of . ?il(IS- I'PR VLD: (11 Y OF PORTLAND, TEXAS t�, Attor�ley City Manager F1 FIST- (ITY OF CORPUS CHRISTI, TEXAS George K. Noe L�PPROVED THIS Dlk CI IARrr) C 00,1rt-hen.fve Planninc 10( 1 r'nrtl:unr 9-27-U? Or. C' .until AMerida Ite n Ell Cession Agreeinentdoc -\ hliHHH' Corpus Christi ETJ City o*Corp . Christi, TX area ceded to ( ih of Portland in sq. miles: 0.096 Portland City Limit Line Extraterritorial Jurisdiction (EU) s 0 650 1300Fee1 AVCS -SEPT -23-05 UIRdilAREFT( nnlprchrnsilc Planning,( .,1 Portland 9 -27 -Pi t i! [ n ink II Agenda Itan - ETJ ('ession Agreementdoc 1 Nsllihii 1_ Nucces Bay Corpus Christi Bap City 01Corpus Christi, TF Nomm..atm.S SerNce. Area ceded to ('its of Portland in sq. miles: 5.0 Portland (its 1_imit Line ( orpus Christi ('its Limit Linc I straterritorial Jurisdiction (F1.1) 1 A S 0 2000 4000Feet ALXS-SEPT-23-05 I'i '--I IIR?!•7 f \RI I )'.( ornprehcnsiin ,d I'onhndW-27-u5 (lig t ,auncil Aecnda Item - ETI (e,s,aion Agreement.doc 35 CITY COUNCIL AGENDA MEMORANDUM Council Action Date: October 11, 2005 AGENDA ITEM: Resolution of the City Council of Corpus Christi, Texas approving the use of bond proceeds by Warm Springs Rehabilitation Foundation, Inc. as required by Section 147(f) of the Internal Revenue Code of 1986, as amended; and providing an effective date. ISSUE: The Warm Springs Rehabilitation Foundation, Inc. (Foundation) has requested that the City of Corpus Christi approve a resolution authorizing the Mayor to execute a Certificate of Approval as required under Section 147(f) of the Internal Revenue Code of 1986. The Bexar County Health Facilities Development Corporation issued tax exempt bonds in 1997 and loaned the proceeds to the Foundation for the purpose of financing construction of or improvements to health facilities located in Gonzalez County. The foundation is currently in the process of selling the Gonzalez County facility and would like to use the proceeds from the sale, in part, to finance improvements to the Foundation's facility located in Corpus Christi. Approval of the use of the proceeds at the Foundation's Corpus Christi facility is done solely for the purpose of complying with the requirements of the Internal Revenue Code pertaining to the tax-exempt status of the Bonds and in no way obligates, or creates or establishes any liability on the part of the City of corpus Christi with respect to the facility or the Bonds. REQUIRED COUNCIL ACTION: Approval of the Resolution as presented. PREVIOUS COUNCIL ACTION: None CONCLUSION AND RECOMMENDATION: Staff recommends approval of the resolution as presented. Oscar R. Martine Assistant City Manager Attachments: Letter from law firm of Vinson and Elkins representing Warm Springs Rehabilitation Foundation, Inc. ; Resolution approving the use of bond proceeds as proposed; Certificate of Approval Vinson&-flkins Dave Poll dpoli@velaw.com Tel 214.220.7861 Fax 214.999.7861 September 30, 2005 Ms. Mary Kay Fischer. Esquire City Attorney City of Corpus Christi 1201 Leopard Street Corpus Christi, Texas 78401 Re: Request for Approval of Use of Tax -Exempt Bond Proceeds for Warm Springs Rehabilitation Hospital - Corpus Christi Dear Ms. Fischer: On behalf of Warm Springs Rehabilitation Foundation, Inc. (the "Foundation"), we respectfully request that a resolution authorizing the Mayor of the City of Corpus Christi to execute a Certificate of Approval, in the form attached to this letter, be placed on the agenda for the City Council's meeting on October 11. 2005. The Bexar County Health Facilities Development Corporation (the "HFDC") issued tax-exempt bonds in 1997 and loaned the proceeds thereof to the Foundation for the purpose of financing construction of or improvements to certain health care facilities owned and operated by the Foundation or an affiliate, including a facility located in Gonzales County. The Foundation is in the process of selling the Gonzales County facility and would like to use the proceeds from the sale, in part, to finance improvements to the Foundation's facility located in Corpus Christi. Section 147(0 of the Internal Revenue Code of 1986, as amended (the "Code"), requires that, in order to use the proceeds derived from the proceeds of tax-exempt bonds (or from the sale of property originally financed with the proceeds of tax-exempt bonds), the "public approval" requirements of Section 147(0 must be satisfied. The Code requires that, prior to the use of bond proceeds at a facility, the highest elected representative in the jurisdiction in which the facility is located (in the case of the City, the Mayor) approve the use of the proceeds at such facility. Such approval must occur following the holding of a public hearing which may only be held following published notice of such hearing. A public hearing has been scheduled for October 28, 2005, to be held in Victoria, Texas, such location Vinson & Elkins LLP Attorneys at Law Austin Beijing Dallas Dubai Houston London Moscow New York Shanghai Tokyo Washington Trammell Crow Center, 2001 Ross Avenue, Suite 3700 Dallas, TX 75201-2975 Tel 214.220.7700 Fax 214.220.7716 www.velaw.com v&E September 30, 2005 Page 2 being not more than 100 miles from the county seat of Caldwell, Nueces and Bexar Counties. The Foundation is requesting that, immediately following the public hearing, the Mayor execute and deliver the Certificate of Approval to enable the Foundation to close on its Gonzales property and proceed with the improvements to the facility in Corpus. It is our understanding that, under the City's policies and procedures, the City Council must take official action to authorize the Mayor to execute the Certificate of Approval (although under federal tax law, such authorization is not required). Therefore, we respectfully request that the City Council take official action by adopting a resolution at its October 11th meeting authorizing the Mayor to execute the Certificate of Approval following the public hearing on October 28. Approval of the use of the proceeds at the Foundation's Corpus Christi facility is done solely for the purpose of complying with the requirements of the Code pertaining to the tax-exempt status of the Bonds and in no way obligates, or creates or establishes any liability on the part of. the City with respect to the facility or the Bonds. A proposed form of resolution is included herewith for your consideration. Please do not hesitate to contact the undersigned or Jim Asberry, the Foundation's Chief Financial Officer, at 210-832-2322. if there should be any questions or comments concerning this process, the facility or any matter pertaining thereto. Enclosures Sincerely, Dava Poli Paralegal RESOLUTION RESOLUTION OF THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS APPROVING THE USE OF BOND PROCEEDS BY WARM SPRINGS REHABILITATION FOUNDATION, INC. AS REQUIRED BY SECTION 147(1) OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the Bexar County Health Facilities Development Corporation (the "HFDC") issued its Hospital Revenue Bonds Healthcare System Revenue Bonds Warm Springs Rehabilitation Foundation Project Series 1997 (the "Bonds") and loaned the proceeds thereof to Warm Springs Rehabilitation Foundation, Inc. (the "Foundation"); and WHEREAS, the Warm Springs Rehabilitation Foundation, Inc. used a portion of the proceeds of the Bonds to finance improvements to its healthcare facility located in Ottine. Gonzales County, Texas (the "Gonzales Facility"); and WAFREAS, the Foundation is in the process of selling the Gonzales Facility and desires to use a portion of the proceeds from the sale of the Gonzales Facility to finance improvements to its facility in Corpus Christi; and WHEREAS, Section 147(0 of the Internal Revenue Code of 1986, as amended (the "Code"), requires that the use of the proceeds from the sale of the Gonzales Facility for improvements to the Foundation's Corpus Christi facility be approved by the "applicable elected representative" (the "AER") after a public hearing following reasonable public notice; and WHEREAS, with respect to the Foundation's Corpus Christi facility, the Mayor of the ity is the AER; and WHEREAS, the approval of the use of the sale proceeds, as described herein, does not create any obligation on the part of the City with respect to the Foundation's Corpus Christi facility or the Bonds; and WHEREAS, the City Council desires to authorize and direct the Mayor of the City to execute and deliver a certificate of approval (the "Certificate of Approval") approving the use of the sale proceeds, or a portion thereof, for improvements to the Foundation's Corpus Christi facility for the purpose of complying with the public approval requirements of the Code, and for no other purpose; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS; SECTION 1. AER Approval. The City Council, pursuant to the requirements of Section 147(0 of the Code, hereby authorizes and directs the Mayor of the City to execute and deliver the Certificate of Approval in the form presented at this meeting following confirmation of the holding of the public hearing hereinabove described. The approval authorized and granted hereby is not to be construed as (i) a representation or warranty by the City, the Governing Body of the City, any of the officers of the City or any other agency, instrumentality or political subdivision of the State of Texas that the Bonds will be paid or that any obligations assumed by any of the parties under the instruments delivered in connection with the Bonds will in fact be performed; (ii) a pledge of faith and credit of or by the City; or (iii) a representation or warranty eoncerning the validity of the Bonds. SECTION 2. Providing an Effective Date. This resolution shall be in full force and effect from and after its passage, and it is accordingly so resolved. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Henry Garrett City Secretary Mayor APPROVED: October 5 , 2005. k • 4 Mary ischer /1 City Attorney 2 Resolution 4 warm springs.DOCIIa t-'orpus Christi, Texas of , 2005 The above resolution was passed by the following vote: Henry Garrett Brent Chesney Melody Cooper Jerry Garcia Bill Kelly Rex A. Kinnison John E. Marez Jesse Noyola Mark Scott 3 kesolution 4 warm springs.DOC.Ila 36 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: September 27, 2005 AGENDA ITEM: Ordinance authorizing the resale of three (3) properties for $9,750.00 which were foreclosed upon for failure to pay ad valorem taxes, of which the City shall receive $837.03, plus $1,845.25 for partial payment of City paving and demolition liens; and declaring an emergency ISSUE: Properties located in the City of Corpus Christi are periodically foreclosed by Nueces County to collect delinquent taxes. Section 34.05 of the Property Tax Code requires that the governing body of the respective taxing entities approve the resale of these properties. Approval of this Ordinance will authorize the Nueces County Judge to execute a resale deed for the properties. REQUIRED COUNCIL ACTION: Approval of proposed Ordinance authorizing the resale of the listed properties. CONCLUSION AND RECOMMENDATION: Staff recommends that City Council approve the proposed Ordinance in order to place the properties back on the tax roll. Attachments: Background Information Exhibit A Cindy O'Bri Director of Financial Services BACKGROUND INFORMATION properties within the City of Corpus Christi are periodically foreclosed due to nonpayment of ad alorem taxes. The law firm of Linebarger, Goggan, Blair & Sampson, L.L.P. is proposing the resale the three at the bid prices listed in Exhibit A. The monies received from this sale will be distributed pursuant to the property tax code. The net proceeds from the sale are first applied to pay off the outstanding court costs and the remaining funds are applied on a pro rata basis to each taxing jurisdiction. The City of Corpus Christi is expected to receive a total of $837.03 from the sale plus '51,845.25 for partial payment of City paving and demolition liens. Each of these three properties ias been reviewed by Neighborhood Services, Park and Recreation, and Engineering for potential use by the City of Corpus Christi, but none were selected. Therefore, all three properties will remain • n the list for resale. Approval of the resolution will authorize the Nueces County Judge to execute a Resale Deed for the properties listed and the properties, if sold, will be returned to the property tax roll for the upcoming year ANALYSIS OF BID RECEIVED FOR TAX RESALE PROPERTY Suit Number & Style: Tax ID# & Legal: Property Location: Date of Sale Amount Due All Entities Amount of Bid: Cost of Sale Current Value % of Total Due: % of Current Value 00-1088-D; Nueces County vs. Cesario F. Guadarrama 3405-0003-0050; Lot 5, Block 3, The Highlands Addition 917 Lexington Avenue June 1, 2004 14,397.10 3,250.00 1,372.50 18,966.00 22.57% 17.14% Entity Name Amount Due Each Entity 2,126.78 Amount You Will Receive 277.35 Nueces County City of Corpus Christi 2,221.41 289.69 Corpus Christi Inde.endent School District 5,394.72 703.52 Del Mar College 757.06 98.73 City Paving & Demo Liens 3,897.13 508.22 A WOOD FRAME HOUSE, 1,176 SQ. FT . IN FAIR TO POOR CONDITION ON A 50 FT .X 1 75 FT LOT IN THE HILLCREST AREA. THE PROSPECTIVE PURCHASER IS KATHY PHILLIPS OF CORPUS CHRISTI 1178 f A A PARK NOAKES -10 01 0 '1 • 4. -13 1-12• 0 1 -3 MULBIRT . 4 :. . Z 1., , -. • r i • . . KOEPKE -7- 0 ..„ MINTON WINNEBAGO 1 STREET • • Md., • MOORE z STREET • , • STREET • t % . Z. • • 1 STREET • 1 • , 111. • • - 4 • STREET x • :YD 4 A . 0 )• P 1 1 • N 4 STREET ANALYSIS OF BID RECEIVED FOR TAX RESALE PROPERTY Suit Number & Style: Tax ID# & Legal: Property Location: Date of Sale' Amount Due AH Entities: Amount of Bid: Cost of Sale: Current Value: % of Total Due: 'o of Current Value: 02-3254-E; Nueces County vs. Scott Larreau 3443-0017-0010; Lots 1 thru 3, Block 17, Hillcrest Addition 1503 Stillman - Corpus Christi October 11, 2004 13,955.09 5,000.00 1,303.50 15,360.00 35.83% 32.55% Entity Name Amount Due Each Entity 1,783.96 Amount You Will Receive 472.55 Nueces County Nueces County Education District City of Corpus Christi 1,873.60 496.29 Corpus Christi Independent School District 4,626.68 1,225.54 Del Mar College 657.00 174.03 City Paving & Demo Liens 5,013.85 1,328.10 A 2 STORY HOUSE, 2,256 SQ. FT., BUILT IN 1914. THE HOUSE SITS ON 3 LOTS, . 5 FT X 130 FT. TOTAL AREA, IN THE HILLCREST NEIGHBORHOOD. THE HOUSE HAS BEEN ABANDONED FOR YEARS AND NEEDS A TREMENDOUS AMOUNT OF REPAIRS THROUGHOUT THE PROSPECTIVE PURCHASER IS RAHN HEART OF PECOS, TEXAS 1194 , r te HU( BIR" KOEPKE _`i TfL_ MINTON 7. MOORE --�- r� NUECE5 - rF YAS HIGHWAY NO 3 EA PRE SS WAY INTERSTATE HIGHWAY NO 37 ' BAGNA[(1 cC ij tileff • 110 ■ Cr gamins ili V '__t Oa Cr gamins In Inliaril 1L1�......„ n N U ST I 5 wrio • S ST U lVl .... ....... ......... ..m.sorto 0 c' ` 5T mai Ivi-Ili ST to iq4 '__t Oa In Inliaril 1L1�......„ n N U ST I 5 wrio • S ST U lVl .... ....... ......... ..m.sorto 0 c' ` 5T mai Ivi-Ili ST to iq4 n N U ST I 5 wrio • S ST U lVl .... ....... ......... ..m.sorto 0 c' ` 5T mai Ivi-Ili ST to iq4 ANALYSIS OF BID RECEIVED FOR TAX RESALE PROPERTY Suit Number & Style: Tax ID# & Legal: Property Location: Date of Sate: Amount Due All Entities: Amount of Bid: Cost of Sale: Current Value: % of Total Due: % of Current Value. 97-1918-E; NC vs. UMW Scottish Rite Grand Lodge 1390-0003-0010; Lots 1 & 2, Block 3, Carver Addition 2822 Nogales St. - Corpus Christi June 29, 2004 24,700.48 1,500.00 1,257.05 6,626.00 6.07% 22.64% Entity Name Amount Due Each Entity Amount You Will Receive Nueces County 4,892.45 48.12 Nueces County Education District 1,334.61 13.13 City of Corpus Christi 5,190.43 51.05 Corpus Christi Independent School District 10,728.25 105.52 Del Mar College 1,646.89 16.20 City Paving & Demo Liens 907.85 8.93 TWO ADJOINING VACANT LOTS. 90.5'X 94.5', TOTAL AREA, LOCATED ACROSS FROM THE NEW SHAW ELEMENTARY SCHOOL. THE PROSPECTIVE PURCHASER IS AVANCE INC. OF CORPUS CHRISTI 1177 AVANCE COR PI1. c. RIM I CHAPTER 509 Tariton Dnve Corpus Christi, Texas 78415 Ph. (3611855 -KIDS (5437) Fax (361) 8847662 EXECUTIVE DIRECTOR Brenda Dees Mayor Emeritus Luther Jones Jr. 1916-2002) Dorothy Jones ORP1JS CHRISTI BOA RD .3F DIRECTORS hat' person rannv Noyola Vice ('hair Dr ;Award Borchard Treasurer Alias R Vasquez Secretary Vacant t)arhara Canales -Black Jeff Jung Judge Margie Flores Paul Chapa Jim Wright Sandra Arispe 'armen Villareal 'case Olivarez ttaria Jimenez ldwsory Members William D. Bonilla Kim Erwin Joe Clazin Shelly Floyd Richard Borchard Yolanda Olivarez Bert Quintanilla Suzette Quintanilla Arriaga Irma Woods, Ph.D. h Celia Reyes-Acuna -trnold De La Paz NATIONAL OFFICE 301 S Frio Ste., 380 San Antonio, Texas 78207 Ph. (210) 270-4630 Fax (210)270-4612 PRESIDENT AND CEO Gloria (J Rodriguez, Ph.D. Our mission is " to strengthen families and communities by providing parent-child education programs to at -risk economically impoverished families through education, literacy and parenting classes" April 27, 2005 Dear Sirs: A few years ago, in one of the last of his many efforts to help our community, former Mayor Luther Jones made a plea to the people of South Texas , , ., "If I could ask you to do one thing that would help our city the most in the next century, it would be to help me take the Avance program forward." This is what AVANCE is all about; a non-profit organization that has been teaching mothers and fathers for over 30 years that they are their child's first teacher and the foundation of education begins at home. AVANCE is about strengthening families. Avance provides literacy, education and parenting classes. Enclosed you will find for your review program specifics regarding the services that AVANCE provides to Corpus Christi families. AVANCE Corpus Christi is in need of purchasing property to be able to provide its Parent -Child Education Program to low-income at risk families in Corpus Christi. We are currently interested in purchasing lots l & 2, Block 3, Carver addition. The purchase of the property would allow for Avance to be able to expand its services and serve additional participants each year. Due to the location of the property, Avance participants would have easy access to Avance's services, the neighborhood would prosper and the community as a whole would gain many benefits from the services provided by the program. Attached you will find the Tax Resale Bid Form for your review and acceptance. If you have any questions about the details regarding our request to purchase the above property and program plans, please do not hesitate to contact me. I may be reached at (361) 855-5437. Thank you for your serious consideration and I look forward to hearing from you. Y>„ Brenda Dees Executive Director Enclosures: 2 A Ar r, • • 0 c� L i • • 0 • R V [ 4 a• • 0• 0 c") m _ N 0= 4 — j L see V N \ 0 L 5T 0 0 0 a 0 0 0 [5 o DR • • ® a 0 l 0 • a eel u wA s01111111 GTON 11211111 5AB INA5 ST • ° 0 • e ELGIN NAR/ER , B O 22 2e i� 6 ,,,w,,, 0 N m • a eel u wA s01111111 GTON 11211111 5AB INA5 ST • ° 0 • e ELGIN 0 0 0 • A g 0.1 mW 0 • m N N ° • 00 • • a a /1-77 , , B O 22 2e i� 6 ,,,w,,, 0 0 0 • A g 0.1 mW 0 • m N N ° • 00 • • a a /1-77 ORDINANCE AUTHORIZING THE RESALE OF THREE (3) PROPERTIES FOR $9,750.00 WHICH WERE FORECLOSED UPON FOR FAILURE TO PAY AD VALOREM TAXES, OF WHICH THE CITY SHALL RECEIVE $837.03 PLUS $1,845.25 FOR PARTIAL PAYMENT OF CITY PAVING AND DEMOLITION LIENS; AND DECLARING AN EMERGENCY BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The governing body of the City of Corpus Christi authorizes the resale of three (3) properties listed on the attached and incorporated Exhibit A, which were foreclosed upon for failure to pay ad valorem taxes, for $9,750.00, of which the City shall receive $837.03, plus $1,845 25 for partial payment of City paving and demolition liens SECTION 2. That the Nueces County Judge is authorized to execute a resale deed capon payment to the City of the City's share of the tax resale proceeds. 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 )rdinances at two regular meetings so that this ordinance is passed and takes effect ipon first reading as an emergency measure on this the day of 2005. ATTEST THE CITY OF CORPUS CHRISTI Armando Chapa Henry Garrett t ity Secretary Mayor APPROVED This 21) day of By � - } Lisa Aguila Assistant City Attorney for City Attorney Lisa/2005 Ordinances/Resale Ordinance September 20 2005 2005 EXHIBIT A FORECLOSED PROPERTY LIST 37 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: September 27, 2005 AGENDA ITEM: Authorizing the City Manager, or designee, to execute a five-year lease agreement with Corpus Christi Senior Softball Association for a softball program at Kiwanis Softball Complex; and declaring an emergency ISSUE: A lease and use agreement must be authorized for the continued use of the Kiwanis Softball Complex in Kiwanis Park by the Corpus Christi Softball Complex for their senior softball program. REQUIRED COUNCIL ACTION: The City Council must approve all multi-year agreements. CONCLUSION AND RECOMMENDATION: Staff recommends that the City Council approve the five-year Lease and Use Agreement with the Corpus Christi Senior Softball Association to provide a senior softball program at Kiwanis Park. Sally Gav , Director Park an ecreation Department Attachments: Background Information \PR-DIR\SHARED AGENDA ITEMS\Council Meetings\2005\08-23-05\CC Senior Softball Lease.DOC BACKGROUND INFORMATION The Corpus Christi Senior Softball Association has been providing a senior softball program at Kiwanis Softball Complex in Kiwanis Park since 1998. It has been a successful program for seniors and the association has been a good presence in the park. They have also kept up an effective maintenance program at the softball complex. H \PR-DIR\SHAREDWGENDA ITEMS\Council Meetings\2005\08-23-05\CC Senior Softball Lease.DOC Page 1 of 2 AN ORDINANCE AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE A FIVE-YEAR LEASE AGREEMENT WITH CORPUS CHRISTI SENIOR SOFTBALL ASSOCIATION FOR A SOFTBALL PROGRAM AT KIWANIS PARK SOFTBALL COMPLEX; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Manager, or designee, is authorized to execute a five-year Lease agreement with Corpus Christi Senior Softball Association for a softball program at Kiwanis Park Softball Complex. The Agreement is attached as Exhibit A and a copy is on file with the City Secretary. 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 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 day of , 2005. ATTEST: Armando Chapa City Secretary APPROVED: July 22, 2005 Doyle Curtis Chief, Administrative Law Section Senior Assistant City Attorney For City Attorney H \LEG-DIR\OIgaR\Doyle\Ordinance\05.0722DC.Kiwanis.Prk.CCSrSoft.ball.Lease.5yr.Ord,doc CITY OF CORPUS CHRISTI Henry Garrett Mayor Page 2 of 2 Corpus Christi, Texas day of , 2005 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: 1/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, Council Members Henry Garrett Mayor The above ordinance was passed by the following vote: Henry Garrett Brent Chesney Melody Cooper Jerry Garcia William Kelly Rex A. Kinnison John E. Marez Jesse Noyola Mark Scott HALEG-DIR1OIgaMoylelOrdinance\05.0722DC.Kiwanis.Prk.CCSrSoft.ball. Lease.5yr.Ord.doc 38 CITY COUNCIL AGENDA MEMORANDUM October 11, 2005 AGENDA ITEM: Ordinance amending the Code of Ordinances, City of Corpus Christi, Texas. Chapter 2, regarding Cable Communications Commission meeting dates ISSUE: At their September 12, 2005 meeting, the Cable Communications Commission voted to recommend changing regular meeting dates from quarterly meetings to monthly meetings. Section 2-181 of the City Code of Ordinances needs to be amended to establish this change. REQUIRED COUNCIL ACTION: Approval of the Ordinance CONCLUSION AND RECOMMENDATION: Approval of the Ordinance c (2(c lab Susan Cable, Director of E-Govemment Services BACKGROUND INFORMATION At its meeting of September 12, 2005, the Cable Communications Commission discussed changes in the cable and telecommunications industries. The Commission expressed interest in working with groups to improve the access channel rules and procedures and review franchise requirements. They voted to recommend moving to a monthly meeting schedule. This will allow the Commission additional opportunity to address these issues. AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, CHAPTER 2 REGARDING CABLE COMMUNICATIONS COMMISSION MEETING DATES; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1 City Code of Ordinances, Chapter 2, Article IV, Division 17, Section 2-181 is amended to read as follows "Sec 2-181. Membership and organization. a All members of the cable communications commission shall serve for three-year terms or until their successors are appointed and qualified. Terms shall expire July 27 each year. tbi Immediately upon organization of the cable commission, the commission shall select from its membership a chairperson and vice -chairperson whose terms shall be one year. Such chairperson and vice -chairperson may be reappointed and re-elected. The commission shall meet in regular clu-arterly monthly meetings, to include four evening meetings, at the call of the chairperson, and at such other times as may be provided by its rules. The majority of members shall constitute a quorum, provided that the majority vote of such quorum shall be necessary for the adoption or approval of any matters before the commission. All meetings of the cable communications commission shall be public except for matters which qualify for a closed session in accordance with state law. The minutes of said cable communications commission shall be available for examination in the office of the city secretary during regular business hours. The members of the commission shall serve without compensation." SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final Judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, Phrase.word or provision of this ordinance be given full force and effect for its purpose. SECTION 3. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. Amendment 2-181 September 2005 DOC That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2005, by the following vote: Henry Garrett John E. Marez Brent Chesney Rex A. Kinnison Melody Cooper Jesse Noyola Jerry Garcia Mark Scott Bili Kelly 2 That the foregoing ordinance was read for the second time and passed finally on this the day of , 2005 by the following vote: Henry Garrett Rex A. Kinnison Brent Chesney John E. Marez Melody Cooper Jesse Noyola Jerry Garcia Mark Scott Bill Kelly PASSED AND APPROVED, this the day of 2005. ATTEST Armando Chapa Henry Garrett City Secretary Mayor APPROVED: 0 c4 - , 2005 Lisa Aguilar Assistant City ttorney for City Attorney Amendment 2-181 September 2005 DOC 39 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: September 20, 2005 AGENDA ITEM: Ordinance amending the Corpus Christi City Code of Ordinances, Chapter 36 — Parks, Recreation, Etc., Article I — in General, Section 36-10 — Curfew, Etc., by changing the curfew at Cole Park to the hours between 1 Opm and 6am, but excluding the fishing pier; providing for penalties under Section 1-6, City Code of Ordinances; providing for severance; and providing for publication. ISSUE: Change in curfew ordinance for Cole Park to improve Police enforcement, reduce vandalism in park and surrounding neighborhood and keep the area safe after hours. REQUIRED COUNCIL ACTION: Council must approve any amendment changes to curfew ordinance. PREVIOUS COUNCIL ACTION: City Council adopted the current ordinance in May 2003. CONCLUSION AND RECOMMENDATION: Staff recommends the amendment change to the Corpus Christi City Code of Ordinances, Chapter 36 — Parks, Recreation, Cultural and Leisure Time Activities, Article I — In general, Section 36 — 10 — Curfew, Etc. l Sally Ga(ilik, Directo Parks and Recreation Attachments: Background Information BACKGROUND INFORMATION During public hearings conceming the Cole Park Master Plan, there was a concern for curfew voiced by surrounding Cole Park neighborhoods. The current curfew is 2am to 6am. The concern was taken to the Parks and Recreation Advisory Committee. At the June 8, 2005, the Parks and Recreation Advisory Committee recommended changing the curfew at Cole Park to 10pm to 6:OOam, excluding the fishing pier. Those using the fishing pier would need to show proof of a Texas Parks and Wildlife fishing license unless they are exempt from that license requirement. The amended time change will assist law enforcement agencies in securing the park for the night, reducing vandalism, and eliminating late night noise concems. Page 1 of 3 AN ORDINANCE AMENDING THE CORPUS CHRISTI CITY CODE OF ORDINANCES, CHAPTER 36 — PARKS, RECREATION, ETC., ARTICLE I — IN GENERAL, SECTION 36-10 — CURFEW, ETC., BY CHANGING THE CURFEW AT COLE PARK TO THE HOURS BETWEEN 10 PM AND 6 AM, BUT EXCLUDING THE FISHING PIER; PROVIDING FOR PENALTIES UNDER SECTION 1-6, CITY CODE OF ORDINANCES; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The Corpus Christi City Code Of Ordinances, Chapter 36 — Parks, Recreation, Cultural and Leisure Time Activities, Article I — In General, Section 36-10 — Curfew; alcoholic beverages, is amended by changing the curfew at Cole Park to the hours between 10 pm and 6 am, but excluding the fishing pier, to read as follows: "Chapter 36 — PARKS, RECREATION, CULTURAL AND LEISURE TIME ACTIVITIES "ARTICLE I — IN GENERAL * * "Sec. 36-10. Curfew; alcoholic beverages. (a) Except in a city park on the Gulf of Mexico beach, no person, shall possess any alcoholic beverages in any city park or the parking lots connected therewith or adjacent thereto; however, it shall be a defense to prosecution that the person has or is acting under the terms of a lease, agreement or permit with the city or that the person is transporting closed containers across the L -Heads or T -Heads to a boat. (b) Between the hours of 10:00 p.m. and 6:00 a.m., no person shall enter or be present in any city park or parking Tots connected therewith or adjacent thereto, including Cole Park, but excluding all other the -Bayfront Parks, the Bayfront Arts and Science Park, Barge Dock, Peoples Street T -head, Lawrence Street T -Head, the L -Head, or any city park on the Gulf of Mexico beach; and excluding a person peFsens-permitted by ordinance to camp in particular city parks, a city employee employees in performance of the employee's their duties, and a person persons permitted to engage in leisure and recreational activities under the parks and recreation department; and also excluding a person fishing at the Cole Park fishing pier, upon proof that the person has a valid Texas Parks and Wildlife fishing license or that the person is exempt from that license requirement. (c) Between the hours of 2:00 a.m. and 6:00 a.m., no person, except as specifically permitted by an ordinance permitting camping in particular city parks, and except for a C:VDoyle C:3 051ORD2003.051Ordinanc-es105.0624DC.Parks.Curfew.ColePark.Rev.§36.10.Ord.doc Page 2 of 3 city employee employees -in performance of the employee's their -duties, shall enter or be present in any city bayfront park or parking Tots connected therewith or adjacent thereto, excluding Cole Park, the Bayfront Arts and Science Park, Barge Dock, Peoples Street T -Head, Lawrence Street T -Head, and the L -Head." SECTION 2. It is the definite intent of the City Council that every section, paragraph, subdivision, phrase, word and provision of this ordinance shall be given full force and effect for its purpose. Therefore, if any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance. SECTION 3. Violation of this ordinance or requirements implemented under this ordinance shall be punished under Section 1-6 of the City Code of Ordinances. SECTION 4. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter. This ordinance shall be effective upon publication. C i(Doyle.03_051ORD2003.0510rdinanc.es105.0624DC.Parks.Curfew.ColePark.Rev.§36.10.Ord.doc Page 3 of 3 The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2005, by the following vote: Henry Garrett Rex A. Kinnison Brent Chesney John E. Marez Melody Cooper Jesse Noyola Jerry Garcia Mark Scott William Kelly The foregoing ordinance was read for the second time and passed finally on this the day of , 2005, by the following vote: Henry Garrett Rex A. Kinnison Brent Chesney John E. Marez Melody Cooper Jesse Noyola Jerry Garcia Mark Scott William Kelly PASSED AND APPROVED on the day of , 2005 ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED 24 June 2005 Doyle D. Curtis Chief, Administrative Law Section Senior Assistant City Attorney For City Attorney Henry Garrett Mayor C:UDoyle 03.051ORD2003.o510rdinanc.es\05.o624OC.Parks.Curfew.ColePark. Rev.§36.10.Ord.doc 40 \CH ND k NIH:NIORANDf N1 1'1B1.1( DEARING /()NUN(: Aeuon Date. 1011 05) ('ase No. 0705-04-Mostagashi Investment Trust: -\ change of toning from "A-1" Apartment House 1);.trict io an "A-2" Apartment I louse District. 'Che property is 7.576 acres out of Flour Bluff and i_r�. final I ann t iarden Tracts on the southern 300 toot portion of Lots 9 and 10, Section 11, located .Along Cimarron 131vd._ and cast uftiev, Bedford t)rive Planning Commission and Staff's Original Recommendation (7/13/05): Denial of "A-2" \partment House District as submitted Staffs Revised Recommendation (10/6/05): Denial of "A-2" Apartment House District to "A -1A" Apartment House District with a "PUD -2" Planning Unit Development overlay including several .:onditions and an approved site plan Requested Council Action: Denial of "A-2" Apartment House District to "A -IA" Apartment House District with a "PUD -2" Planning Unit Development overlay including several conditions and al: approved site plan. Purpose of Request: To increase the allowed density from 21.78 units per acre to 36.30 units per acre and to increase allowed building height from three stories (45 ft.) to four stories (60 ft.) for a future apartment complex Summary: • The Request: Che applicant has requested an "A-2" Apartment House District in order to develop a higher density apartment complex than is allowed under the "A-1" District. The proposed apartment complex will contain 20 buildings ranging from 6,222 sq. ft. to 9,672 sq. ft. with approximately 250 dwelling units. As of October 6. 2005, the applicant has agreed to reduce the density of the proposed apartment project to 212 total dwelling units and a change of zoning to an "A -1A" Apartment House District with a "PUD -2" Planning Unit Development overlay including several conditions and an approved site plan. Construction of the complex is anticipated to begin in November 2005 and will take one year to complete. • Density: The maximum number of -dwelling units and building height allowed for the 7.576 acre subject property under the current zoning of "A-1" District is 165 units (21.78 units per acre) within three stories (35 feet). The maximum number of dwelling units and building height allowed under the requested zoning of "A-2" Apartment House District is 272.736 units (36.3 units per acre) within four stories (60 feet). The maximum number of dwelling units and building height allowed under the revised staff recommended zoning of the "A -1A" Apartment House District is 220 units (29.04 units per acre) within three stories (35 feet). • Existing Land Use: North of the subject property is an undeveloped lot that is zoned an "A-1" District. Located to the south is an undeveloped "A-1" District and an "R -1B" district developed with single family homes. East of the subject property across Cimarron Blvd. is a large tract of land zoned a -R-1B" district developed with single family homes. West of the subject parcel is a vacant lot zoned an "R -1C" District. Ir1d U11'. )4 I,vloswgh IIIA c t lcIIt I-n,t • Transportation: • tpropo�ed ;111,1 rl nle lit C�1lnll'x li ?I-1� Ided along ( amarron Boulevard, an arterial roadwnv I -he Saratoga Cimarron Boulevard Intersection is located 1,400 ft. northeast of the s.ibleet property • l ire existing pakement section on ( nnarron 131 d. Is a two lane county roadway without curb and gutter. Cimarron is designated an Al arterial. with a cross ,section of five lanes on the Urban 1'ansporlatlon flan ▪ tmarror Boulevard was approved for reconstruction in the 2004 Bond Program. The section 1i.mting the )),object property is included in the phase two portion of the Ciman-on Boulevard improvements and Is expected to he completed vkiihin two 10 three years. • C urrently. 1•Imarron Boulevard has approximately 10.000 average daily trips. After Cimarron is improv ed. road capacity will increase to 24.000 average trips. (Urban Transportation Plan) • The Metropolitan Planning Organization has estimated the future volume of traffic on Cimarron Boulevard to be 17.966 average daily trips by the year 2030. • T raffle generation fur the subject property under the "A-1" District is estimated to be 1,080 daily trips and 1.805 daily trips for the "A-2" District, an increase 01'67%. Traffic generation for the subject property under the "A -1A" District is estimated to be 1.484 daily trips, an increase of 30% more than the "A -I'• Apartment House District allows. Once improved to the full planned cross section. ('Imarron Boulevard k.v01 have sufficient capacity to accommodate an increase of density t< the existing zoning. • Utilities: Wastewater and water lines in Cimarron Boulevard are available to provide service. Wastewater and water consumption for the subject property under the "A-1" District would be 41,000 iciallons per day. 52.576 gallons per day for the "A -1A" district, and 68,500 gallons per day for the A-2'. District • Comprehensive Plan and Land Use Compatibility: The Future Land Use Plan designates the subject property for multi -family uses. Policies in the Corpus Christi Policy Statements recommend that high density uses should be located at arterial intersections and land use density should gradually decrease to the low density residential neighborhood areas. The current pattern of zoning creates a density gradient from retail % apartment uses allowed at the corner of Saratoga Boulevard (B-4 District), to apartments at 36 to 22 units per acre, and to the residential neighborhood zoned for single family uses at 7 26 units per acre Recommendation: I) Planning Commission and Staff recommended denial of the "A-2" Ap artment House District on July 13, 2005. 2) After two meetings between the developer, the neighborhood and City staff, Staff has revised their recommendation. Staff is recommending (October 6, 2005) denial of the "A-2" Apartment House District to an "A -1A" Apartment House District with a "PUD -2" Planning Unit Development including several conditions and an approved site plan. The conditions are as follows: 1 The site plan (attached) is contingent on receiving an "A1 -A" Apartment House District zoning with a "PUD -2" Planning Unit Development overlay. 2. Access to and from New Bedford Drive shall be limited to emergency use only with a breakaway gate. 3. Buildings five thru twelve shall be two stories or less and all other building three stories or less in height. 4. No balconies are permitted facing the residential neighborhood to the south on buildings five thru twelve. 5. Obscured glass egress windows or blank walls are required for the upper floors along the walls of buildings five thru twelve which face the neighborhood to the south. A1cmoranofum. A,Alu>taew In. estmri I t lighting shall he directed away from the single family residential nctghhot hoods to the smith and west with no more than moon light (two lumens) at he south and vvest property line of the apartment project. Gari)age dunlpster ;ite, WV limited to those shown on the site plan. Applicant's Position. 1he applicant concurs with the Staffs revised recommendation to an "A -IA" \partment House 1)istnct ith a'1 I 10-2- Planning 1 nit Development overlay including seven (7) conditions and an approv cd site plan Notification: Sixty-three (o3) notices were received in opposition with thirteen (13) being inside the area and forty-nine (49) outside the area. During the Planning Commission meeting, a petition of opposition hav tng eighty-six (86) signatures was received from the neighborhood with nine (9) in the 200 foot radius and 77 outside the radius area. As of October 6, 2005, 21.04% opposition within the radius area has been eLi iv ed The 20% rule is invoked. This case is considered controversial. cOji L Michael 11.4. Gunning, AICP Assistant Director of Development Services \1( /RP/,gip Attachments: 1 Zoning Report Site Plan Approved Plat Planning Commission Minutes Ordinance 'i t'i.N t)IRSHARI D.Uai1 \A )RI) AGI:Ni)N117d 005 August.070s-u.l?.-AG[-NDAMBMO doc BJ PA R-1 C R-1 B ,K- „.s, ‘9/c,,,, 0 4o ti 2 AGR/, R-1B RpcArA ,o/r, I ECT ' -141p,... MA L A-2 /� /// /, // , TO NST 5 RA<,�<xli FT R-1 B B-4 vO 2 o� R-1 B. ��� 411� TO N 5 '1 tiq<pp. co x. n Ao 0 A. ` , F= - . -k =arm F ural District tr Residential estate 0ISlnm 11*-)rue Familt Dwelling Dislnutr ..1411,1e 1-amill Dwelling 01511111 P 16 :rile Family Dwelling 015,111 - -5 aeel :aml Dwelling DISI CJa►,s�e� 1< 10 1ownhousPinching D.sh F. 2 Multiple 0welliny Distil, 13 liarni Trailer Parr 31511101 -. 10 Manulectured Horne Park r; Man111431�ied Horne Suburvision -ni Apartment Hoose 01,11-t .: tq quariment Hguse Distil,. 4 gpaitir 1 !house DistortB3 Apartment-f. s D sbrc1 qD Professional Office 001,111 J JO 5 �0 4� ��otrcJelMrap� 1-2 Light Industrial District 1-3 Heavy Industrial District SP Special Permit PDD Planned Unit Development He Historical-Cultural Landmark :1 NN AI V. s 0 150 Preservation '1' 300Feet I PI 3.1 Neighborhood Business District 3-16 Neighborhood Business District 3.24 Balkier Island Business District Ll tom B.2 Daytront Business District 01511101 3D _orpus Christ! Beach Design District B-3 Business uass pistrml y.a General Business District Primary Busin _ District -6 B Primary Business Core District 1-1 t milted Indust ial Disb let City of Corpus epenm.m et development Christi. T% r l Services ° ° 0 !i saw W -E xu = H1111111111111 JI111111i ILil LUL / 'O —rte ..1111111M 4 Et a01 038) 111111\1°° .ou (JOE n .OE L ,82S tc tervrtdr ins 7-1.frr2 �- S28' 57' 30' W 313.99' I 0 9u m .00 / 47 .7.2 30,x1 s , �.�«.�_ �� i11 Ed= KIN w a N E x b a 8 L 191 MINI TES Ill(il I_ AR PI _IN\INNIEEI1NC, Council Chambers- City Hall edncsdav .1uh 13. 2005 ( .ase No. 0705-04 Nlostaghasi Investment Trust: A-1 1partment llouse District to an "A-2" \partmem House District. 1i��rag 5-'6 acres out 01 Flour Bluff- and Encinal Farm & (iarden Tracts on the southern 300 foot portion o rnd 10. Section 11. located along t amarron Blvd.. and cast of New Bedford Drive. Request i'hangc o- Toning from "A-1" Apartment 11ousc District to an "A-2" Apartment House District L ,cerpts front L)rtino Rcpor: L:,gal Dcsci union/Locate, Being 576 acr<, out of flour Bluff and Encinal Farrar & Garden Tracts on the southern 360 jinn portion of Lots 9 and 10, Section 11, located along Cirnarron Blvd.. and ea vi ()1A 22 Bedford Drive. Purpose of Request 10 incrcasc the allowed density fionr 21.7S units per acre to 36.30 units per a, re and to increase 0/101 ed budding height troll' three stories (45 ft.) to fbur stories (60 ft.) for a ((more apartment rnnple'r L ea 1)er clopment Plan: .5'outlrside .area Del elolnnent Plan. The frtture land use reap recommends' a medium density residential use. Department Comments. The proposed "A-2" zoning district density ("1136 units per acre is a high density multi family zoning category that is not consistent with the concept of a gradual reduction of density from the business area at the arterial intersection hack to the low density residential neighborhood_ Residential properties backing up to the proposed rezoning would be impacted by the increase in density and height allowed under the "A-2" District. The church use located south or the property would be less affected hr the density and height allowed under the "A- 2 " District. The "A-1 "Apartment House District may be considered as a possible alternative to the "A- 2" zoning district a.v the maximum allowed density and height for the district is 29.04 units per acne within (our smrics. Staff Recommendation: Denial of the "A-2 " Apartment House District, and in lieu thereof recommend the "A- IA" Apartment (louse District on the portion of the tract abutting the church and retain the existing "A-1" District adjacent to the residentially developed property. Mr. Robert Payne provided graphics of the subject property and the surrounding area. The ,onrng report and tape recording are on file. Mr. Payne stated that the current zoning "A-1" Apartment House District allows 22.72 units per acre with a maximum number of three stories with 35 feet. The applicant is requesting an "A-2" \partment House District with a maximum of 36 units per acre and four stories in height. The applicant ,s requesting a zoning change in order to develop a multi family complex consisting of 250 units. The current zoning will only allow 165 units within three stories; the change of zoning will allow up to 270 :rur� with four stories. OII rILS' IUn NiIntlIU> ,A1�a��.hd in._anIL'M -uhjent property a currently .5 acres of vacant land with Cimarron Boulevard being in the rear ion of the property Cimarron Bu 11evard is currently in the 2004 Bond Program scheduled to he np;tu ed vvithm the next sev eral vears to alive lane road v+a). The future land use map designates the the -pct pripertc for multi-fa!niiv uses. Policies in the Corpus Christi Statements recommend that high n.itv uses should be located at arterial intersections and land use density should gradually decrease to ntii\ densbv residential neighborhood areas. the current pattern of zoning creates a density gradient from �raii%apai anent uses allowed at the corner of Saratoga Boulevard, to apartments at 36 to 22 units per acre, :o the residential neighborhood zoned liir single family uses at 7.26 units per acre. Staff is _:imntending denial of the •A-2.7.Apartment !louse District. and in lieu thereof, recommending the A.. Apartment I lour 1 )1strict 00 the portion of the tract abutting the church and retain the existing District adjacent 10 the residentially de eloped property. there were 40 notices mailed with none thorned in favor and 6 returned in opposition. I he public hearing was opened. Roland Vasquez, 6201 Jessica Street, representing Brighton Village stated that the main concerns --ere regarding traffic and drainage. the neighborhood understood that the "A-1" District and "A-2" ' )rstrict were somewhat different, now it has come to be known that the developer can build multi-level housing up to three stories. Mr. Vasquez advised he would like to help the commissioners understand hat the proposal of the housing development will impact the traffic coming into Cimarron Boulevard. I he same developer also has another project called Cimarron Estates being built which has 65 more lots =hat will tie into New Bedford Street that will also run into Brock Hampton Street. In response to Vice Chairman Stones question of opposition, Mr. Vasquez stated that the neighborhood would like to leave the property in the current "A -I" District. In response to Vice Chairman Stone's question, Mr. Gunning stated that New Bedford would not go through the property, but based on the conceptual plans seen, it will be extended to serve other developments in that area. Mr. Payne stated that New Bedford would be extended out to DunBarton Oaks which is mmediately to the north and is part of the collector system. It could be expected that the dead end street would be extended. IV1r. Saldana stated that the plat at Cimarron Estates has already been approved by the Planning ('ommission. A request for an emergency access can be taken into consideration. The maintenance :vou Id be of the property owner. Mr. Payne stated that the plans for Cimarron Boulevard are to create a five lane roadway section with four moving lanes and a center left turn lane. It will go right beside this project. The estimate >eceived from Engineering Services is that the street improvement would be complete two to three years 1001today. Michael Rains, 6218 Jessica Street, presented to the Commissioners a series of photos hal illustrate current conditions. The dumpsters are almost in the resident's back yard and are not well maintained. There is very little separation from the apartment complex to the neighbor's back yard. [here are some areas of where residents of the apartment complex have taken boards off of the fence in order to create an easy way to enter and exit rather than going around. nr ([ nmi�etur Ahnitk Vr 1)-(6-04 ilo.:iaghus, rstmcnt I ua Ir response to Conunissioncr Pusley s question of letters received in opposition, Mr. Rains stated �+ .tv to, src retuned in oppttsuiot. 1 heir o.ere copes of the notice sent to the surrotmding areas that will fecte.1 by this rite velopn;cnt and ,ill scent to he in opposition_ 'nt Mr. Gunning stated that the persons signing the notice need to be landowners and live within the tool area of the proposed development. The letters and notifications from outside the 200 foot tication are valid but they do not count towards the super minority rule. S�ephanic Issaes. 6210 Jessica. stated that she is in opposition. She would like to know if the nnmissi >n has any control of how the apartments are built on the property. She also asked if there has Leen any consideration 10 changing the zoning of the back fence line of the property. In response to Ms. lssacs question, Mr. Gunning stated that once the zoning is in place, the bending instruction is under control ofthe residential building code, and that would address the building standard and not how the building is going to look. The heights and setbacks of the Multi -family units will be controlled by the zoning ordinance in place. it is very difficult to change the zoning of a subject property. The down zoning of an individual property subjects the city to law suits for takings of properties without due compensation for loss of value The City Council is the only entity that can ,uthorize the down zoning of a property Bill Stark. 6238 Jessica, stated that he did not submit his letter of opposition due to the fact that he signed a petition that was generated for the neighborhood. Mr. Stark presented a photograph that 'llustrates where the subject property is being proposed Ile also indicated that he would like an explanation as to what an "A-1 A' District entails. Mr. Payne stated that the current zoning of "A-1" District allows three stories with 45 feet height limitation and it has 21.72 units per acre. The "A -1A" District allows a 60 foot height limitation with 'our stories and 29 units per acre. Chris Rigsby, 3253 Half Penney, stated that the City of Corpus Christi has told him that the reason for all the flooding is due to all the new development south of Cimarron Boulevard. If the land is elevated it will compound the problem whether it be low or high density until Cimarron Boulevard is fixed. Once Cimarron is fixed the only concern will be traffic. Mr. Gunning stated that "A-1.. District allows 45 height restrictions with three stories and "A- ' :a'• District allows 60 feet height restrictions with four stories. The drainage issues will be addressed when the plat is submitted, the engineer's will need to provide construction plans indicating how the property will be drained. The development of the property must also account for all the water that runs iff of the property and through it. In response to Commissioner Pusicy s question if the neighborhood has attempted to speak to the de\ eloper. Mr. Rigsby stated that he was only notified about the project two days ago due to the fact that he is not Nvithin the 200 foot notification arca. Hutch Bryon, 98 Townhouse Lane, real estate representative, stated that the proposed development will not be built until Cimarron Boulevard if improved. He also stated that he did not believe the owner would build a four story apartment complex and did believe the owner would accept staff's recommendation In response to Vice Chairman's questions, Mr Bryon stated that the owner is George Mostagashi of Mostagashi Investment Trust, lti O'^1111>‘1lor A1'nirl-' rii'rl Iril,il In response to Commissioner Posse}'s question of how the buildings would be constructed, Mr. 1i stated that he could mit comment on the question because he is the real estate broker not the •tactor or builder `;� Ivia lord.. 606 New Bedford. Community I)cvelopment Director for the City of Corpus hr!•ti. silted that the comprchcnsivc process of this development ideally is not one of the nimby "Not In back Vaal" effect but mostly almost concerns of the neighborhood. The 200 toot notification n.1c=_•ss is something that the Commission should reconsider because of the tact that many of the ,cighhors ' ho he affected b' this project were not notified. Ms. l=ord presented the Commission t uh a IIs1 0(quesuons to re) le \\ before the sinal decision is made. She also stated that she plans on ,init,osing to the nciehborhood to meet vv ith the developer in order to reach a collaborative effort to make !his .i win-win situation for everyone The public hearing was closed. Motion by Commissioner Mims, seconded by Commissioner Zamora to deny the applicant's • q!.est for rezoning. Motion passes unanimously with Chairman Berlanga being absent. I , N sIIARIII) Gait \\01U) 1.GEND 2n05'August1074-O4V1111uies Ilrecipl.doc ZONING REPORT ( ase No. 0'((�-i,1 Planning Commission Hearing Date July 13, 2005 Applicant: Mostagashi Investment Trust Owner: Mostagashi Investmentfrust Agent: Samantha Long Legal Description/Location: 7.576 acres out of Hour Bluff and Encinal Farm and Garden Tracts on the southern 300 foot portions of Lots 9 and 10, Section 11, located along Cimarron Boulevard. and east of Ne vt Bedford Drive t N From: 'A-1' Apartment House District To: 'A-2" Apartment House District Area: 7.576 acres Purpose of Request: To increase the allowed density from 21.78 units per acre to 36.30 units per acre and to increase allowed building height from three stories (45 ft.) to four stories (60 ft.) for a future apartment complex Zoning Site `A-1" Apartment House District North "A-1" Apartment House District South "R- IW' One Family Dwelling District East "R -IB" One Family Dwelling District Existing Land Use Future Land Use Vacant lots Multi Family Vacant lot Multi Family Low density residential West "R-1C"One Family Dwelling District Low density residential Low density residential Vacant lots Low density residential Low density residential Area Development Plan: Southside Area Development Plan. The future land use map recommends a medium density residential use. Map No.: 043032 Zoning Violations: None U0 -u-! t;Alur�,iiucnt ni F. u r b and gutter. ('Imarron is designated an Al arterial, with a cross section of five lanes on the Urban Transportation Plan. A •t'imarron Boulevard was approved lir reconstruction in the 2004 Bond program. The section fronting the subject property is included in the phase two portion of the Cimarron Boulevard improvements and is expected to be completed within two to three years. • Che Request. the appacii i .ri, Ilq.lcstcli [in.A 2.. :Aparuncnt [louse District in order to dccclop a higher density apartment complex than Is allowed under the "A -I" District. The proposed apar tmcrt cmipley kill contain 20 buildings ranging from 6.222 sq. ft. to 9,672 sq. approxtmatcl2250 dvv ching units Construction of the complex is anticipated to begin Al NON CHIC! 7.0().,an.i \\ III take one \ Iu COmplele • Density. I'h: maximum :iu fiber of dvr rl I:ng (1111tH and building height allowed for the 7.576 acre subject propertMader the current inning on'A-I.. District is 165 units (21.78 units per .tore 55 ithin three stories (;` t'et). hhc nlaxunum number of dwelling units and building height allowed under the requested ninung of 'A-2' Apartment House District is 272.736 units (116 t units per acre) tss Rhin [our stories [ 6(I feet a • Existing Land l'se. North (tithe subject property is an undeveloped lot that is zoned an "A- 1" District. Located to the south is an "A-1" District developed as the Galilean Lutheran Church and an "R -1E3" district developed with single family homes. East of the subject property across Cimarron Bh. d. is a large tract of land zoned a "R-1 B" district developed with single family homes. West of the subject parcel is a vacant lot zoned an "R -1C" District. • Transportation. • \cccss to the proposed apartment complex is provided along Cimarron Boulevard, an arterial roadway- "!he Saratoga ('imarron Boulevard intersection is located 1,400 ft. northeast of the subject property. • The existing pavement section on Cimarron Blvd. is a two lane county roadway without Currently. Cimarron Boulevard has approximately 10,000 average daily trips. After Cimarron is improved, road capacity will increase to 24,000 average daily trips. (Urban Transportation Plan) • The Metropolitan Planning Organization has estimated the future volume of traffic on Cimarron Boulevard to he 17, 966 average daily trips by the year 2030. • Traffic generation for the subject property under the "A-1" District is estimated to be 1,080 daily trips and 1.805 daily trips for the "A-2" District, an increase of 67%. Once improved to the full planned cross section Cimarron Boulevard will have sufficient capacity to accommodate an Increase of density to the existing zoning. • Utilities. Wastewater and water lines in Cimarron Boulevard are available to provide service. Wastewater and water consumption for the subject property under the "A-1" District would be 41,000 gallons per day and 68,500 gallons per day for the "A-2" District. • Comprehensive Plan and Land Use Compatibility. The Future Land Use Plan designates the subject property for multi -family uses. Policies in the Corpus Christi Policy Statements recommend that high density uses should be located at arterial intersections and land use density should gradually decrease to the low density residential neighborhood areas. The current pattern of zoning creates a density gradient from retail / apartment uses allowed at the corner of Saratoga Boulevard (B-4 District), to apartments at 36 to 22 units per acre, and to the residential neighborhood zoned for single family uses at 7.26 units per acre. l4i-i44 iAli Esta iI)as InNe,Inlcn( 1111.'11 C Street Type Liman on Blvd. Arterial Existing Paved Section 80R.O W. w1 24ft. pavement Volume (2001) 8,790 a.d.t T� i:° \ 1)1.11I, rryutle„ r Department t:ommenta • '11he proposed A-2 zoning district density of 36 units per acre is a high density multi -family zoning category that is not consistent with the concept of a gradual reduction of density from the business area at the arterial intersection back to the low density residential neighborhood. • Residential properties backing up to the proposed rezoning would be impacted by the increase in density and height allowed under the "A-2" District. The church use located south of the property would be less affected by the density and height allowed under the '-A-2" District- • The "A- I A" Apartment House District may be considered as a possible alternative to the 'A-2" zoning district as the maximum allowed density and height for the district is 29.04 units per acre within four stories. Recommendation Denial of the "A-2" Apartment House District, and in lieu thereof, recommend the "A -1A" CC Apartment House District on the portion of the tract abutting the church and retain the existing "A-1" District adjacent to the residentially developed property. Pending Number of Notices Mailed- 40 Favor Opposition (As of July 6. 2000 I), 1,4 Vli)iIa Llld 31 IllACYLIt 'Iii itbtl 4 Source: ( orpus Christ Policy Statements: an element of the Comprehensive Plan, adopted 1987 AND HIGH DENSITY DEVELOPMENTS PREFERRED DESIGN LOW DENSITY 'RESIDENTIAL UNDESIRABLE DESIGN FIGURE 4. Low density residential development can often be found adjacent to a commercial strip. Although the commercial strip is usually located between the residential development and the arterial street, the traffic, visual, and noise intrusions generated by commercial activity can have a deteriorating effect upon the residential property. Compact high density development for business uses cart be an effective solution to many of the problems caused by commercial strips. These developments should be located at the intersection of major streets to take advantage of exposure to potential custom— ers and reduce left turning movements at mid—block locations. High density developments should provide sufficient open space, land— scaping, and/or buffer zoning to create a smooth transition between uses. Pi N -I) R 12M ,N ORD /0N121' IS'200' LONING RIi'ORT SHGI 1 IRK Page 1 of 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY MOSTAGHASI INVESTMENT TRUST, BY CHANGING THE ZONING MAP IN REFERENCE TO 7.576 ACRES OUT OF THE FLOUR BLUFF AND ENCINAL FARM & GARDEN TRACTS ON THE SOUTHERN 300 FOOT PORTION OF LOTS 9 AND 10, SECTION 11, FROM "A-1" APARTMENT HOUSE DISTRICT TO "A -1A" APARTMENT HOUSE DISTRICT WITH "PUD -2" PLANNED UNIT DEVELOPMENT OVERLAY, SUBJECT TO A SITE PLAN AND SEVEN (7) CONDITIONS; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of Mostaghasi Investment Trust 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, July 13, 2005, during a meeting of the Planning Commission, and on Tuesday, August 30 2005 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 7.576 out of Flour Bluff and Encinal Farm & Garden Tracts on the southern 300 foot portion of Lots 9 and 10, Section11, located along Cimarron Boulevard, and east of New Bedford Drive, from "A-1" Apartment House District to 'A -1A" Apartment House District with a "PUD -2" Planned Unit Development overlay. as shown on the attached Exhibit. (Map 043032) SECTION 2. That the Planned Unit Development -2 granted in Section 1 of this Ordinance is subject to a site plan attached as Exhibit A and the following four conditions 1 This site plan is contingent on receiving "A -1A" Apartment House District zoning with a "PUD -2" Planned Unit Development -2 overlay. 2 Access to and from New Bedford Drive shall be limited to emergency use only with a breakaway gate, 3 Buildings five (5) through twelve (12) shall be two stories or less and all other buildings three stories or less in height. H u_EG-DIR\Joseph\Zoning-0510705-04.2Regular doc Page 2 of 3 4 No balconies are permitted facing the residential neighborhood to the south on buildings five thru twelve. 5 Obscured glass egress windows or blank walls are required for the upper floors along the walls of buildings five (5) through twelve (12) which face the neighborhood to the south 6 Outdoor lighting shall be directed away from the single family residential neighborhoods to the south and west with no more than moon light (two lumens) at the south and west property lines of the apartment project. 7 Garbage dumpster sites are limited to those shown on the site plan. SECTION 3. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this ordinance SECTION 4. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 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 5. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. SECTION 6. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 7. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 8. 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 11th day of October, 2005. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Henry Garrett City Secretary Mayor. The City of Corpus Christi APPROVED 6/(1-7) (0 2005 Joseph Homey (� Assistant City Attorney For City Attorney H \LEG-DIRWosephlZoning-05\0705-04.2Regular doc Page 3 of 3 Corpus Christi, Texas day of _-_ 2005 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, Henry Garrett Mayor, The City of Corpus Christi Council Members The above ordinance was passed by the following vote Henry Garrett Brent Chesney Jerry Garcia John E Marez William Kelly Jesse Noyola Rex Kinnison Melody Cooper Mark Scott 'LEG-DIRUoseph\Zoning-05\0705-04.2Regular doc Id 5r. in g3A in 91 �aa�rsr� ! T -,--- -Q` it • 4 0 1 t i' AgI IMZ.11W= J IMP" S2E057' 30'N 90:1. 011111111111.11 Ip ND 44 11 11 1 41 \G1:\ k \1I \IOR:k\DI NI 1'1 BI,11 11EA121\G - ZONING tt iiy t ouncil .Acton Date: 9 2-;-ui) Case No. 0805 -01 -Kris Hawkins.: .A change oI zoning from "A-1" \partment I louse District to an 2 \nartinent house District t he property is u1 \\cstern Shores Subdivision. Lot I('R, located 1. r_ I I,Lriiu.; 1)nLc apprti,nria1/v 240 Icc1 cast of A\ Mielev i\ e. Planning Commission and Staff's Recommendation (8/24/05): 1)cnial of the "A-2" Apartment 1�.ise District Requested Council Action: Denial of the "A-2" Apartment House District. I'urpose of Request: Convert existing single-family home to a bed and breakfast inn. Summary: • fhe applicant is requesting a change ()Ironing to an A-2" Apartment house District in order to so' vcrt the existing single-family structure to a bed and breakfast inn. • \ bed and breakfast inn is fust alloy ed in the ":A-2 .Apartment House District and subsequent non- industrial districts thereafter. • hlic zoning ordinance defines a bed and breakfast inn as a facility that offers sleeping .ecommodattons to lodgers. Sleeping accommodations shall not exceed twelve (12) bedrooms and tot more than 24 lodgers. The owner and or operator may live on the premise. A lodger means a .terson who rents a room in a bed and breakfast inn establishment for fewer than thirty (30) onse;_utiye da s. Kitchen and dining facilities mar be included to provide meals to guest only; er. no food preparation shall he permitted in guest bedrooms hhc eyisting one-story single-family structure has 3 -bedrooms and consists of 1,400 square feet. The •listing garage consisting of 718 square feet has been converted into a gathering/ recreational space nd v ill be available for lodgers. A unique feature of the property is its adjacency to the water asm..hannel area v hich is an attractive feature for the lodge. The applicant intends to operate the .•stabl:shment as a bed and breakfast inn with a maximum of twelve (12) lodgers at one time. The proposed inn is planned for daily, weekly or fewer than thirty (30) continuous days for rental. No ndoor or outdoor events will be permitted. • \ bed and breakfast inn does not require the owner to occupy the facility like that of a bed and breakfast home under a specific use permit. On-site staff accommodations or food services are not ;ilanned Ibr the proposed inn Lodgers vi 111 have access to the kitchen. • Properties north. east and west are zoned an "A-1" Apartment House District with a "R -1B" One- tamil. Dwelling District across Thelma Drive to the south. Directly north of the subject property is a avant tract and further north is multi -family development. To the east across the water basin is -mgle-family development in an `A- I " 1)istrict. The "R -1B" District to the south is developed with angle -family structures Irn.-ul �h�i: ll: 1v 1 �erur.e the single -I'm -1111:i struetulc It, a lied and breakfast inn will require compliancy to the landscape Ind huildbe code H °peraltun Of -street parking for a bed and breakfast inn is tl.i'_ec ;ll _ spa, C }ler bedroon. of _ n11111111t1n1 SpaCC> Cor the subject property consisting of ?- �,_� _Ani incl case ui ','ac uunlher Of bedrooms vv ill require additional parking spaces. Signage for the ci ;o1operk m the =A -I or A 1 fist'ict is limited w one 40 -square blot monument/freestanding u� \v ,II sicca ry inaimtim height u( 10 feat and sethack of 10 feet for the monument/freestanding Recommendation: Ile A-2 -Alan tnlcnt 1 louse Dlstrlet. applicant's Position The applicant disagrees with findings of Planning Commission and Staff's -ecommendation. Notification: 01 the thirteen (1 3) notices mailed to the surrounding property owners, zero (0) were �tusned in favor and seven 17) vv crc received in opposition within the notification area and seven (7) :c_.wcd futside the notification area. The 20% rule is invoked. This case is considered controversial. At'4/ Michael N. Gunning, AICP Assistant Director of Development Services 'YR i FfiNligp ',ttachments: Zoning Report Planning Commission Minutes Ordinance V U11'. i HAMA) i[AA )12D A il-NI t11 NI 2embet A it DAMI MO doc CITY COUNCIL ZONING REPORT ( ask' No. (ltiu, -0 1 Planning Commission Hearing Date: August 10, 2005 and August 24, 2005 E J Applicant: Kris Hawkins Owner: Same as applicant Agent: Jay ]fall Legal Description/Location: Western Shores Subdivision, Lot ICR, located along Thelma Drive approximately 240 feet east of Whiteley Drive. of vi From: A-1 Apartment House District c To: "A-2" Apartment I louse District YArea: 0.3? Purpose of Request: Convert existing single-family home to a bed and breakfast inn. Zoning Existing Land Use Future Land Use Site "A-1" Apartment House Single-family District "A-1" Apartment (louse Multi- family District South "R-113" One -family r Single-family District East "A-1" Apartment House District 1I7est "A-1" Apartment House District Water Basin Vacant lot Low-density residential Medium -density residential Low-density residential Water Basin Low-density residential Area Development Plan: Flour Bluff- The requested use is inconsistent with the future land use map of the area. Map 1\o. 036026 Zoning Violations: None h k • I km. ncyucstine a change of: oning to .iii ":A Apartment Ilouse 1)istrict in order ) con vchi single -Family structure to a bed and breakfast inn. • \ ,,I and 101. 01.[,[i" ;;; the :A-2 ' Apartntent house District and u'>>.yuenl 110,11-111Ju,'[.nai if:ancts tiicrcallrr • I he ; onina o dimmer dclines a bed and bicakhist 11111 as 0 facility that offers sleeping ,Iccommo lauons lc lodgers_ Sleeping accommodations shall not exceed twelve (12) hc,troonis anti not mor' Man 2-1 lodgers the owner and or operator may live on the premise. \ lodger means a person who rents a room in a bed and breakfast inn establishment for fewer than thirty (30) consecutive days. Kitchen and dining facilities may be included to provide meal; to guest only; however. no food preparation shall he permitted in guest bedrooms. • I'he existing one-story single-family structure has 3 -bedrooms and consists of 1,400 square Leet. The existing garage consisting of 7 18 square feet has been converted into a gathering/ recreational space and will he available for lodgers. A unique feature of the property is its adjacency to lie v. ate:- basin -channel area which is an attractive feature for the lodge. The applicant intends to operate the establishment as a bed and breakfast inn with a maximum of iv,cI . ( 12, lodgers at one time. The proposed 100 is planned for daily, weekly or fewer than z lh)rry ( 3U) continuous days for rental. No indoor or outdoor events will be permitted. • A bed and breakfast inn does not require the owner to occupy the facility like that of a bed and breakfast home under a specific use permit. On-site staff accommodations or food sen .ccs are r01 planned for he proposed inn. Lodgers will have access to the kitchen. • Properties north. east and west are zoned an "A-1" Apartment House District with a "R -1B" Otte -family 1 ing District across Thelma Drive to the south. Directly north of the subject property is a vacant tract and further north is multi -family development. To the east across the water basin is tingle -family development in an "A-1" District. The "R -IB" District to the south is devcioped vti ith single-family structures. Converting the single-family structure to a bed and breakfast inn will require compliancy to the landscape ordinance and building code for the commercial operation. Off-street parking for a bed and breakfast inn is calculated at '%2 space per bedroom or 2 minimum spaces for the subject property consisting of 3 -bedrooms. Any increase in the number of bedrooms will require additional parking spaces. Signage for the subject property in the "A-1" or "A-2" District is limited to one 40 -square foot monument/freestanding sign or wall sign, with a maximum height of 10 feet and setback of 10 feet for the monument/freestanding sign. Street Type Paved Section ▪ 1 helma 1 )ri ' Mural local f • \ hitel�^ 1111‘. Rural local v Volume (2001) 50' R.O.W. 14' paved section j Not available nn R O vv 20' paved Not available section _ p ,Ilhcct prop,:',1� I> ,)Iuncrl- C c E d t E E The applicant requested tabling the case at the August 10. 2005 meeting until the August 24, 2005 meeting to allow hint an opportunity to communicate the intent of the project to the neighborhood and surrounding property owners Recommendation Denial of the A Apartment House District. 0 'y s C E Denial of the "A-2" Apartment House District. c Number of Notices Mailed - 13 Favor - 0 Opposition - 2 (As of Au zest 18. 20051 Attachment: Zoning Map "-,1 ARI TY( ;ail'\k ORIY,,7 )NRI' 11• 21O5,Augu, r•(1Y01-Oi(('Rc)orI. doe F Farm Rural District RE Residential Estate Oistna PA One Tants Dwdling Dis111u R 1A One Family De alkrp Distnct R -^P One Gamily 0w titling Diann R -^t One. ' awry Dwelling District Cay Of Cepas Christi, TX D.pMem a Dew8aaea alnkw Galina NA06054,1 Nonnce Map R-TH Townhouse Dwelling Distnn R-2 Multiple Dwelling District 3-1A. Travel Trailer Pah District T -1B Manufactured Home Pak District T -1C Manufactured Home Subdivision Distruc A-1 Apartment House 01511151 A -1A Apartment House District A-2 Apartment Hose District AT Apalmea-Ton4 Di4nct AB Professional Office District 8-1 Neighborhood Business Distract B -1A Neigdrwtnwd Business District 8-2A Barnet Island Business District 13-2 Bayfront Business Dishier! 80 Coi pus Christi Beach Design Distract 8-3 Business Distrix 8-4 8S B-6 F1 General Business District Primary Business Distract Primary Business Core District Limited Industrial District - 2 Light Industrial District 1-3 Heavy YWustnal District SP Special Parrot PUD Planned Unit Development H C HistoricalCiat mal lao&nark Preservation N W4 E 0 100 200 Feel MINUTES REGULAR PLANNING COMMISSION MEETING Council Chambers- City Hall Wednesday—August 10, 2005 No. 08115-01 Kris IlaNcldns \-t Aparuucnt 111/uc I)istnet to an "A-2" Apartment ))>-1,ct Shores S 11) 11v sum I of 1( I; lot., lett aloniL Thelma I)nr e approximately 240 feet east of \1 - (\! -t_te !Is ant requested lo table until the August 24`h hearing. \lotion by ( ommis. oner Nudev- seconded by (lommissioner Skrobarczvkto table until the st 24'' heal no- The moron passed ananimously VII\I TV's RI 1, 1 V 1'I-.kv\I\( C(I�I�IISSIO\ �IIil:fl.AG Council Chambers- ('it Hall \\cducedaN --kuttust 24. 2005 ( ase No. 0805-0 I kris Ilav kins A-1 :Aparuucnt I louse District to an' `A-2- Apartment ;c District esn shores Subdivision Lot ( R. located :done 1 pelma Dive approximately 240 feet east of iruc \ ice ( Ilan -man (1ar,aa abstained FIs Goode -Macon stated that the applicant was requesting to table for 30 days. Public hearing \\ as opened. P udy Betivelle. 217 Fhelma Street. stated that he has lived in this location for the last 20 years. ni opposition of the rezoning or 210 Thelma for the following reasons. It has been lived in for the ast 2O years as a single famdy dwelling, it is a 2 bedroom, 2 bathroom home that is not suitable for a high icy. v ty pe dwelling that the applicant is requesting. the property has virtually no parking and is located dead end street that is 14 'at feet vv ide into his driveway. When sanitary garbage comes by to pick up arhake. the truck needs to back up to he able to leay c the dead end street. A boat with a trailer would mi lripate the same type of problem. The property is on a septic tank and has had numerous problems roigho.a the d ears 11 it made into a multi -family dwelling. it will create pollution with trash on the troperty once it is not well maintained- 1=oi- these reasons the community respectfully request denial of at. - eyon'. ng. Georgina Bradshaw - 213 l'hehna. stated that the applicant is requesting to have a bed and ;reakfast when it has clearly become a bunkhouse. The applicant has advertised the property to be a «s}tung lodge before the rezoning. The applicant mailed brochures to the neighboring community dated ski March 3, 2005 Ms. Bradshaw stated that the applicant was clearly attempting to convert this home oto a fishing lodge before having the change of zoning approved. There is concern with the children iia: tag a,ong the street. and the problems the canal will have with ten additional people residing in a n_1le fanny hone -Che brochure indicates that ten people could sleep comfortably in a three bedroom, -.vo bath home. There seems to be double size bunk beds in all three bedrooms. The little neighborhood ar.rtot handle twenty or so people residing in the hone [here will be consistent noise and traffic t:oe.ling the street and neighborhood. Mr. Gunning indicated that the area is zoned as "A-1' Multi -family District which will allow for apartment complexes but does not allow for ped and breakfast or boarding uses. The applicant is equestima a change of zoning to '"A-2- District which will allow bed and breakfast and lodging uses. In response to Commissioner Skrobarczyk's statement that the proposed area has always been oncd as A-1- Multi -family° District. Ms. Bradshaw indicated that she was aware of the zoning but stated iai it has never been used as multi family but as a single family dwelling. The applicant advertised the >roper1v as the Twin Palms I .odge regardless of rules and regulations for business setup. Mr. Gunning stated that there are various regulations the applicant would need to follow which ould include health codes. hotel/motel taxes and providing adequate documentation as to the required inspections done throughout the cite Don Stansel. 162 \\ hitely Channel. stated that the sanitary services and the water services are not en adequate at the present time it 'Ic )Il>poed question would be .(the ( It% is prepared to place new sever and water lines to in [iodate more people tut tie t one property for the . ommunitc. If there is more traffic going down hu1ne1. the bulkheads \\ ill need io be maintained by someone other than the residents. If it is not uua the vnail] he dest aced -As the home owner ofseceral properties in the area, it would not be nig plus 10 allows the change 01 /ening due to the ocer population already taken place. h response to (ommissio ei 1'uslct. yue,stion_ \ls Goode -Macon stated that the percentage of of o ppo>tt!on vi as approachll1 itt°, \i, (Hittit \1.iu 01] .Iter' 'h :; r, hell 'here is _'n sur more in opposition of neighbors within the n !ullt notitieutgni area 01 he /tilting chance. it then Cakes cote of the City Council to get the �n}ar :ase apprmed k chard Bradshaw. 213 1 hclma_ stated that everyone on the street in the 200 foot notification area opl 0s'non io the rczoiang. At the end of the street. there is no cul-de-sac, just dead end. During -me tours It is almost impossible to back up and turn around to exit the street, at night it is even Pbed 1\1.0101; H r onnmssio e /amola. iteeonded by C ommissioner Martinez to deny recommendation )1e for 30 days The motion passed unanimously with Commissioner Braselton and Salazar being r.' ❑t Motion b. ('ommissionet Zamora. seconded by 1•ommissioner Pusley to deny "A-2" District / 0 -ung. Motion passed unanimously kith Commissioners Braselton and Salazar being absent. 1 11< IIARI'U ,1 NI 0.11 NI 'U o picmbcr]0i0-nI :,titinutcs receipt doc Page 1 of 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY KRIS HAWKINS, BY CHANGING THE ZONING MAP IN REFERENCE TO WESTERN SHORES SUBDIVISION, LOT 1CR, FROM "A-1" APARTMENT HOUSE DISTRICT TO "A-2" APARTMENT HOUSE 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 Kris Hawkins 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, August 10, 2005, August 24, 2005 during a meeting of the Planning Commission, and on Tuesday, September 27, 2005 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 Western Shores Subdivision, lot 1 CR, located along Thelma Drive approximately 240 feet east of Whiteley Drive from "A-1" Apartment House District to "A-2" Apartment House District. (Map 036026) 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. + `:LEG-DIRUoseph\Zoning-0510805-01 regular doc Page 2 of 3 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 11th day of October, 2005. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Henry Garrett City Secretary Mayor, The City of Corpus Christi APPROVED v 2005 Joseph rney Assistant City Attorney For City Attorney \LEG-DIR\Joseph\Zoning-05\0805-01 regular doc Page 3 of 3 Corpus Christi, Texas day of _ 2005 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, Henry Garrett Mayor, The City of Corpus Christi Council Members The above ordinance was passed by the following vote: Henry Garrett Brent Chesney Melody Cooper Jerry Garcia William Kelly Rex Kinnison John E. Marez Jesse Noyola Mark Scott H \LEG-DIR\Joseph\Zoning-05\0805-01 regular doc 42 \GI'\I).\ Nil:\IOIL\\Dl \I PI BLI( HEARING - ZONING It ity ( ouncil Action Date: 10; 1 1 05) Case No. 0805-02-Georue Mostaultasi: A change of zoning from "A-1" Apartment House District and "B-4" General Business District to "R -1B" One -Family Dwelling District on Tract 1 and a "R -IB" hie Family Dwelling District and "A-1" Apartment I louse District to a "13-1" Neighborhood Business strict .in Frac! 2 the property is I i; TO acres out of Flour Bluff & kncinal Farm & Garden Tracts, potion of Lots 13. 14 and 15. Section 10 located on the north side of Yorktown Boulevard between Staples Street and Beauvais Drim. Planning Commission and Staff's Recommendation (9/7/05): Approval of the "R -1B" One -family Dwelling District on Tract 1 and denial of "B-1" Neighborhood Business District on Tract 2. Requested Council Action: Approval of the "R-1 B" One -family Dwelling District on Tract 1 and an adoption of attached ordinance. Denial of "13-1- Neighborhood Business District on Tract 2. Purpose of Request: On ihract 1. to build a one -family dwelling district subdivision and, on Tract 2, to ❑ilow for a retail strip center Summary: The Request. On Tract I, the applicant has requested an "R-113" One -Family Dwelling District in order to develop a single family subdivision with "R -1B" infrastructure standards. Building a single family subdivision under the current apartment and business zoning would require 60 foot wide streets and larger water and wastewater lines compared with the single family district. On Tract 2, the applicant has requested "11-1- Neighborhood Commercial zoning to build a strip commercial .'enter • Density. The density proposed is less than is currently allowed under the existing zoning. • Transportation. Access to the property is provided along Yorktown Boulevard, an arterial roadway. Phe Saratoga / Staples Boulevard intersection is located 1.000 ft. west of the subject property. • The existing pavement section on Yorktown Boulevard is a two lane county roadway without curb and gutter. • Existing average daily trips on Yorktown Boulevard are approximately 4,000 trips per day. • Yorktown is designated an arterial, with a R.O.W. that could accommodate six lanes. • Once improved to the full planned cross section, Yorktown Boulevard will have sufficient capacity to accommodate the proposed development. • Utilities. Wastewater and water are available Comprehensive Plan and Land Use Compatibility. The Future Land Use Plan designates the subject property for multi -family uses fronting onto Yorktown Boulevard with single family residential uses located behind the multi -family area. The land use plan does not recommend commercial uses between \ orktown and the single family residential area since the commercial uses would create a land use ,ontlict. Commercial uses that are allowed in the "B-1" District that would create a land use conflict include 24 hour businesses, restaurants, car washes, fueling, etc. Non-residential districts that would be compatible with the single family area would include the "AB" Professional Office District and the --13-1 A" Neighborhood Commercial District. _r==�� A1enoran�i.n,i ase No ( tr -U_'! (icor a- V1osuichdsil Recommendation: \pinoval of the "k-113 Onr-Cam1Iv I)\\ ell nng District on tract 1 and denial of "B -I" Neighborhood ktu�nuss ?)istrict on bract knnlicant's Position: The applicant disagrees kith findings of Planning Commission and Stairs rcommendation. Notification: Of the (6) notices mailed to the surrounding property owners, one (1) was returned in +r and one (1) was recei' cd in opposition The 20% rule is not invoked. This case is considered controversial. • /e- Michael N. Gunning, AICP Assistant Director of Development Services / ^,IC, Ft ;M gp attachments: Zoning Report Planning Commission Minutes Ordinance NI -0112 s11ARl-.0 Gair,N"C)RU AGI{NUfrll n7 20115 ( oberA0805-02-,1f 11-.NUAMFh10. doe CITY COUNCIL ZONING REPORT ('ase No.: USU:-H_ Planning Commission Hearing Date: September 7, 2005 Applicant: George Mostagashi Owner: Agnes Polasek, et al 06 c Agent: Cobb, Lundquist and Atnip 'E Legal Description/Location: Being 18.80 acres out of Flour Bluff & Encinal Farm & Garden y Tracts, portion of Lots 13, 14 and 15, Section 10 located on the north side of Yorktown C Boulevard between Staples Street and Beauvais Drive. c Luning Request Frons: Tract 1: "B-4" General Business and "A-1" Apartment House District Tract 2: A-1' Apartment House District and "R -1B" One -Family Dwelling District To: Tract 1: "R -1B" One -Family Dwelling District Tract 2: "B-1" Neighborhood Business Area: 1.80 acres Purpose of Request: On Tract 1, to build a one -family dwelling district subdivision and, on Tract 2. to allow for a retail strip center. N oA Zoning Existing Land Use Future Land Use Site Tract 1: "A-1" Apartment }louse District and "B -4 - General Business District: Tract 2: "R-113" One -family Dwelling District and "A- I" Apartment House District Vacant Land Low Density Residential and Multi Family Residential North "R- 1B" One -Family Dwelling District South 1 "R- 1B" One -Family )welling District East "R -1B" One Family Dwelling and "B -I A" Neighborhood Business District I West "AB" Professional Office and "B-4" General Business District Vacant Land Low Density Residential Low Density Residential Vacant Land Vacant Land Low Density Residential Low Density Residential and Neighborhood Commercial General Commercial ,, V� O ) - C \ Usk' eha,mcslnicni %rea 1)eselupment Ilan Sou1h,ide Arca 1)cvclopment Plan Map 1o. 044031 Zoning Violations None • The Request. On -braut 1. the applicant has requested an "R -1B" One -Family Dwelling District in order to dey clop a single family subdivision with "R-113" infrastructure standards. Building a single Lund y subdivision under the current apartment and business zoning would require 60 foot wide streets and larger water and wastewater lines compared with the single family district On Tract 2, the applicant has requested "13-1" Neighborhood Commercial zoning to build a strip commercial center • Density. The density proposed is less than is currently allowed under the existing zoning. • Transportation. Access to the property is provided along Yorktown Boulevard, an arterial roadway. The Saratoga Staples Boulevard intersection is located 1,000 ft. west of the �ub�ect property. • 1he existing pavement section on Yorktown Boulevard is a two lane county roadway without curb and gutter. • Existing average daily trips on Yorktown Boulevard are approximately 4,000 trips per day. • Yorktown is designated an arterial, with a R.O.W. that could accommodate six lanes. • Once improved to the full planned cross section. Yorktown Boulevard will have sufficient capacity to accommodate the proposed development. • Utilities. Wastewater and water are available • Comprehensive Plan and Land Use Compatibility. The Future Land Use Plan designates the subject property for multi -family uses fronting onto Yorktown Boulevard with single family residential uses located behind the multi -family area. The land use plan does not recommend commercial uses between Yorktown Boulevard and the single family residential area since the commercial uses would create a land use conflict. Commercial uses that are allowed in the "B-1" District that would create a land use conflict include 24 hour businesses, restaurants, car washes, fueling, etc. Street RO.A Street Type Yorktown Boulevard Arterial Existing Paved Volume (2001) Section 100' R.O.W. w/24ft. 4,000 a.d.t. pavement \„ - ( )5.0 Al 4has1111V niri - r \ plat i' required Department ( omments I)rnvmg the -\ pin 'cam cyue.i lou a ;1r n1' 13-1` Neighborhood Commercial zoning along Yorktovv n Boulez and maintaining the eyi<Img Tract 2 .. A-1" -Apartment Ilouse and "R -1B" Onc-F.unil� I)isuicts nest to 1'oiktovvn Boulevard vvi11: • Preserve the traffic capacity of Yorktown Boulevard by reducing left turn movements to commercial uses; • Provide good land use compatibility with the proposed "R -1B" zoning to the north in Tract 1. • Maintain consistency with the City's adopted Future Land Use Plan. Staff Recommendation Tract 1 : Approval of the "R -1B" One -Family Dwelling District. Tract 2: Denial of the "B-1" Neighborhood Business District. Recon Tract 1 : Approval of the "R -1B" One -Family Dwelling District. Tract 2: Denial of the "B-1" Neighborhood Business District. Number of Notices Mailed: 6 v E Favor: 1 a� at Opposition: 1 CC (As of September 20, 2005) •11',-()2\10.,1,10haSI I71\ 1 1.1,1 L 4 Source: ( orpus ('hrist Polio Statements: an element of the ( omprehensis e Plan. adopted 1987 AND HIGH DENSITY DEVELOPMENTS PREFERRED DESIGN LOW DENSITY.'RE$IDENTIAL. UNDESIRABLE DESIGN OW Dmf RESIDENTIAL 44 44 444444, Y RESIDENTIAL LOW DEN FIGURE 4. Low density residential development can often be found adjacent to a commercial strip. Although the commercial strip is usually located between the residential development and the arterial street, the traffic, visual, and noise intrusions generated by commercial activity can have a deteriorating effect upon the residential property. Compact high density development for business uses can be an effective solution to many of the problems caused by commercial strips. These developments should be located at the intersection of major streets to take advantage of exposure to potential custom— ers and reduce left turning movements at mid—block locations. High density developments should provide sufficient open space, land— scaping, and/or buffer zoning to create a smooth transition between uses. N-I)II< LRvl V WORD'.ZUNRI, 1 S\2UO5 JON IN( RI PORI- SIRJ DUC f -e anti Rural District RE Residential Estate Dis100 Rt- Tni 1 amity Dwelling District ft < One t smile Dwelling District R.,.. F one +amity Dwelling Disv¢l k 1' One amity Dwelling District City of Corp s Christi. TM Deitag ani m eere1Uemn i Sento" CJ?lswe WO R-TH Townhouse Dwelling District R-2 Multiple Dwelling 01511101 1.1 Pt Travel trailer Park District T-10 Manufactured Home Park District 3-10 Manufactured Home Subdivision 01561(1 A-1 Apartment House District A -1A Apartment House Dislricl 8-2 Apartment House District 81 Apartment -1 ourst District AB Prolessional (Hire Orsinit 8'0501) NottcCmai; 8-1 Neighborhood Business District Bile Neighborhood Business District 8.2A Barrier Island Business District B-2 Baylronl Business Distncl BD Corpus Christi Beach Design District 0.3 Business District 0-4 General Business District 0-5 Primary Business District B-6 Primary Business Core District-, limited Industrial District 1.2 Light Industrial District 1.3 Heavy Industrial District SP Special Permit PUD Planned Unit Development HC Historical -Cultural Landmark Preservation N A V 0 250 500 Feet MINUTES RI (;i 1 Mt 1'I AN\TNG COMMISSION \1EE1'ING Council Chambers- City Hall Wednesday — September 7. 2005 George N1ostaghasi "A Apartment blouse I)istnct and "13-4" General Business District to "R-111" ( hie-I-amilc 1/welling District on Tmet 1. "R -I13" Onc-family Dwelling District and " \-1" \_partmcnt I Iousc District to "13-1" Neiehhorhood Business District on Tract 2 keine 1 S SI) acres out of Flour Bluff & Encinal Farm & Garden Tracts, portion of Lots 13, 14 and Section 111 Ioeatrd or. the north side of Yorktown Boulevard between Staples Street and Beauvais Drove Request: Change of zoning from "A-1" Apartment House District and "B-4" General Business District to "R -1B" ( )ne-family Dwelling District on Tract 1; "R -1B" One -Family Dwelling District and "A-1" Apartment House District to "B-1" Neighborhood Business District on Tract 2. 1 scerpts Iron! Zoning Report 1 c gets 1)csc ripnona ocatiuu. Being 18.80 acres out of Flour Bluff & Encinal Farm & Garden ;vets portion portion of Lots 14 and 15, Section 10 located on the north side of Yorktown Boulevard between Staples Street and Beauvais Drive. Purpose of Request. On Tract 1. to build a one Tamils dwelling district subdivision and, on Tract to allow for a recuts strip center Area Development Plan: Southside Area Development Plan. The Future Land Use Plan designates the subject property. for multifamily uses fronting onto Yorktown Boulevard with single family residential use4 located behind the multi -fancily area. The land use plan does not recommend commercial uses between Yorktown and the single family residential area since the c �nnmercial uses would create a kind use conflict Commercial uses that are allowed in the 14-1'' District that would create a land use conflict include 24 hour businesses, restaurants, car ashes. fueling. etc Von -residential districts that rc-ould be concputible with the single family area would include the AB" Professional Office District and the "B-1.4" Neighborhood Commercial District. Department Continents: "B-lA "Neighborhood Business District adjacent to the "R -IB" One -Family Dwell District would create a more compatible land use pattern. The "B -IA" ,Neighborhood Business District was created to allow commercial retail uses adjacent to residential areas. The "13-1.4" District contains a wide variety of residential, office and business uses with several controls to create compatibility between the commercial and residential areas. These controls include a prohihition of restaurants, bars or nightclubs, fueling, drive-thru aisles, 4 -hour convenience stores, and u landscaped buffer adjacent to residential districts. The hours o% operation for a retail business limited to 6:00 cent. thru 10:30 p.m. The `B -I "Neighborhood Business District allows these tines except for bars and nightclubs and does not restrict hours of operation. :gaff Recommendation. Tract 1 Approval of the "R-1B"One-family DwellingDistrict; Tract 2: Request of the "B-1 '' Neighborhood Bu.cines.s District and in lieu thereof recommendation of 2-1.1" Neighborhood Rum n '.ss District. =,nr (.nmisa nn \moor, v,„ n lij_i (t) A Aavigalinn Propene, ., 1 Id Pobert Pacnc provided cr.Iphlrs of the subject prup'l l v and surrounding area. The zoning report and tape recording are on til'. answer to Comnussioner Braselton's question, Mr. Payne stated that they are looking to keep the :I. nsne husinesscs on the corner lots of Saratoga but telt that this zoning designation of "B-1 A" would he c,u>d compromise for the applicant and still tit with the Yorktown land use area. Commissioner Braselton (lk ated he objected to stripping out of this segment 01 Yorktown Boulevard, an arterial, with commercial w hi h would create greater traffic congestion and more land use conflicts with residential uses. ommissioner Puslcv stated his concern with changing the `A-1" as a buffer and having"B-4 type tl.tnesses being right next to the neighborhood on Tract 1. Mr Pusley stated his concern that this issue of gun -compatible land uses would resurface. Public hearing was opened. I lutch Bryan; 9£ Townhouse Lane, Corpus Christi, TX. He stated that the "B -1A" zoning ,resignation was an acceptable alternative to the requested "B-1" zoning. Public hearing was .nosed, Motion for approval of the stall' recommendation for °'R -1B" on Tract 1 and `B -1A" on Tract 2 made by Comniissioncl Zamora. seconded by Commissioner Martinez. Commissioner Braselton stated that he could not approve the "B-1" on Tract 2. Motion tailed to pass with an opposing vote of 5 to 3 with Commissioner Skrobarczyk being absent Motion for approval was made by Commissioner Salazar and seconded by Commissioner ylurtinez for an "R-1 B' One -family Dwelling District on Tract 1. Motion passed with Commissioner Pusley opposing the vote and Commissioner Skrobarczyk being absent ':N-l)I5 SIIARtl)('ill )WI. I2I).: 161N)MI 11.21105' i )ctohcr. O5-02Mmutes Gxccpt-doc Page 1 of 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY GEORGE MOSTAGHASI, BY CHANGING THE ZONING MAP IN REFERENCE TO 11.25 ACRES (TRACT 1) OUT OF PORTIONS OF LOTS 14 AND 15, SECTION 10 FLOUR BLUFF & ENCINAL FARM & GARDEN TRACTS, FROM "B-4" GENERAL BUSINESS AND "A-1" APARTMENT HOUSE DISTRICT TO "R -1B" ONE -FAMILY DWELLING 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 George Mostaghasi 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, September 7, 2005, during a meeting of the Planning Commission, and on Tuesday, October 11, 2005 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 11.25 acres (Tract 1) out of Flour Bluff & Encinal Farm & Garden Tracts, portion of Lots 14 and 15, Section 10 located on the north side of Yorktown Boulevard between Staples Street and Beauvais Drive, from "B-4" General Business and "A-1" Apartment House District to "R-1 B" One Family Dwelling District. (Map 044031) 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. H +l_EG-DIRUoseph\Zoning-0510805-02Regular.doc Page 2 of 3 SECTION 4. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 6. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus 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 11th day of October, 2005. ATTEST: Armando Chapa City Secretary APPROVED (1';_- i 2005 Joseph Haney Assistant City Attorney For City Attorney H ' LEG-DIR'Joseph\Zoning-0510805-02Regular doc THE CITY OF CORPUS CHRISTI Henry Garrett Mayor, The City of Corpus Christi Page 3 of 3 corpus Christi, Texas day of 2005 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, Henry Garrett Mayor, The City of Corpus Christi Council Members The above ordinance was passed by the following vote: Henry Garrett Brent Chesney Jerry Garcia John E. Marez William Kelly Jesse Noyola Rex Kinnison Melody Cooper Mark Scott H'.L E G-DIRWoseph'Zon ing-0510805-02Regular. doc 43 CITY COUNCIL AGENDA MEMORANDUM Council Action Date: October 11, 2005 AGENDA ITEM: A resolution of the City of Corpus Christi, Texas, authorizing the South Texas Aggregation Project, Inc. to negotiate an electrical supply agreement for deliveries of electricity effective January 1, 2006; authorizing the Mayor or other designated official to sign a contract with STAP for the City of Corpus Christi's 2006 and, if practical, 2007 electricity needs; and committing to budget for energy purchases in 2006 and, if practical, 2007 and to honor the City of Corpus Christi's commitments to purchase power for its electrical needs in 2006 and, if practical, 2007 through STAP. ISSUE: One of the primary goals of STAP is to achieve the greatest amount of savings in the deregulated market. Since its inception, STAP members have saved an average of 31 percent off of the Price to Beat ("PTB"). Members saved an average of 29 percent ($8.2 million) in 2002, 34 percent ($13.7 million) in 2003, and 30 percent ($12.5 million) in 2004 off of the PTB rate. As the STAP Board and its advisors gain more experience in the deregulated market, options to increase the savings for STAP members are constantly reevaluated. Retail power contracts have been influenced heavily by the volatile natural gas market. Nevertheless, for the past four years STAP has benefited by timing negotiations to correspond with favorable pricing cycles. This year the natural gas market has reached unprecedented highs as a result of its close ties to the world oil market and the impact of Hurricane Katrina and Hurricane Rita. During discussions undertaken in preparation for securing a contract for the coming year, Retail Energy Providers (REPS) have indicated that they will continue the industry -wide policy of linking the energy portion of the retail :,ontract price with natural gas prices. Thus, we anticipate that the next year's contract will reflect significantly higher prices than the prices STAP members currently enjoy simply because of the sustained high price of natural gas and the REPS' unwillingness to index contracts to anything other than natural gas prices. REQUIRED COUNCIL ACTION: Approval of the attached resolution as presented. CONCLUSION AND RECOMMENDATION: Staff recommends approval of the resolution as presented. Oscar R. Martinez Assistant City Manager Attachments: Resolution authorizing an agreement with South Texas Aggregation Project, Inc RESOL l '7ION RESOLUTION NO. .'. RESOLU TION OF THE CITY OF CORPUS CHRISTI, TEXAS, U'f1IORIZING 1111 SOUTH I'FXAS \GGRFGATION PROJECT, INC. TO Nl ((YI 1AI 1 AN ELECTRIC StPPI Y \(RI 'AINN f FOR DELIVERIES OF II F(i RI('11 Y EFFECTIVE JANUARY I. 2006: :AUTHORIZING THE 1vIAYOR OR ()TITER DESIGNA ITD ('FFY OFFICIAL TO SIGN A ( ONRA(I \\III I STAP FOR HIV C'lll t )1 CORPUS CHRISTI'S 2006 AND, IF PRA("FICAL. 2007 EllECTRICI TY NEEDS; AND COMMITTING TO BUDGE f FOR ENERGY PURCHASES IN 2006 ANI). IF PRACTICAL, 2007 AND TO HONOR THE CITY OF CORPUS CHRISTI'S COMMITMENTS TO PURCHASE: POWER FOR ITS ELECTRICAL NEEDS IN 2006 AND, IF PRAC'"IICAI.. 2007 THROUGH STAP. WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, the City of Corpus Christi, Texas (City) is a member of South Texas Aggregation Project. Inc. ("STAP"), a nonprofit political subdivision corporation dedicated to securing electric power for its members in the competitive retail market; and SI AP negotiated favorable contract terms and a reasonable commodity price for delivered electricity in 2002, 2003. 2004 and 2005 resulting in significant savings oil of the Price to Beat c•PIB") rate for its members; and preliminary information provided to the STAP Board indicates that entering into a wholesale power contract, as distinct from a retail contract, effective January 1, 2006, may, provide the greatest potential for savings for STAP members over the regulated PTB rate: and potential wholesale power providers desire to execute a contract with one, and oniv one, entity rather than have unique contracts for each STAP member; and STAP believes that the pricing opportunity window for favorable 2006 deliveries under either a wholesale or retail agreement will be short-lived (in the October to mid-November time period) and that STAP must be able to commit contractually to prices vv ithin a 24-hour period in order to lock -in favorable prices regardless of whether STAP continues its historic practice of retail agreements or enters the wholesale market: and WHEREAS, experiences in contracting for 2002-2005 demonstrated that Retail Electric Providers demand immediate response to an offer and may penalize delay with higher prices; and WHEREAS, WHEREAS, AS, it is necessary for the City to contract for a supply of electricity for 2006 and, if practical, 2007 or at least partially revert to PTB rates; and STAP's current delivered energy prices provide savings when measured against the PTB rate, and PTB rates will likely continue to remain higher than prices STAP can achieve on behalf of the City; and WHEREAS, WHEREAS, wholesale suppliers demand assurance that STAP will pay for all contracted Toad; :utl the City of Corpus Christi needs to assure STAP that it will budget for energy purchases in 200o and. if practical. 2007 and honor its commitments to purchase power for its electrical needs in 2000. and potentially 2007, through STAP. \Vv I II1?RF_FORF. BI- Il RLSOI BY IRIl ('Ill" COIINCII. OF THF ('ITY OF /RP( (11kl 11. 11-XAS. Section I: [hat the STAP Board and its consultants and advisors will evaluate for the City +holesale power supply contract options for 2006 as compared to a retail electric delivery cutrac1 for 2006 and. if practical. 2007 Section 2: that the City will execute a contract with STAP that permits the STAP Board and its consultants and advisors to negotiate and sign the electric power agreement for the City's 2006 .uld, ;f practical_ 2007 electricity needs as a member of STAP and commits its 2006 and, if practical. 2007 load pursuant to the contract recommended and approved by the STAP Board of ) rectors Section 3: 1 -hat the City will commit to purchase power to meet all of its electricity needs eligible for competition pursuant to the STAP approved supply agreement and approve funds necessary to pay electricity costs proportionate to the City's load under the supply agreement (whether wholesale or retail) arranged by STAP. Section 4: [hat a copy of the resolution shall be sent to Geoffrey M. Gay, legal counsel to STAP, at 1 Congress Avenue, Suite 1800. Austin, Texas 78701. A I'TEST: :Armando Chapa (.1'.1y Secretary APPROVED: October 5. 2005 Lisa Aguilar ) Assistant City attorney F(0- (itv Attorney THE CITY OF CORPUS CHRISTI Henry Garrett Mayor 44 AGENDA MEMORANDUM City Council Action Date: October 11, 2005 SUBJECT: Corpus Christi International Airport Industrial Park, Phase 1 (Access Road and Utilities) (Project No. 1098) AGENDA ITEM: A Ordinance appropriating $525,000 in the Airport Operating Fund 4610; transferring and appropriating $525,000 into the Airport CIP Fund -Capital Reserve Fund 3020A for Infrastructure Improvements for the Corpus Christi Industrial Park, Phase I; amending FY 2005-06 Operating Budget adopted by Ordinance No. 026385 to increase appropriations by $525,000; and declaring and emergency. B Motion authorizing the City Manager, or his designee, to award a construction contract to King Isles, Inc. of Corpus Christi, Texas in the amount of $1,423,851.05 for the Corpus Christi International Airport Industrial Park, Phase 1 (Access Road and Utilities) for the Base Bid and Additive Alternate No. 1. Motion authorizing the City Manager, or his designee, to execute a lighting agreement with American Electric Power (AEP) of Corpus Christi, Texas in the amount of $211,142.56 for the Corpus Christi International Airport Industrial Park, Phase 1 for installation of lighting and re-routing above ground power lines below ground. ISSUE: The design of the basic infrastructure (storm water, sewer, streets and sidewalks, water, etc.) has been completed for the Airport Industrial Park and the project has bid. Council approval is needed to award the construction contract to complete the project. FUNDING: Funding is available from the Airport, Storm Water, Water and Wastewater Capital Improvement Program budgets. RECOMMENDATION: Staff recommends approval of the item as presented. Dave Hamrick Date g I j(.. Escobar, P. E. Date Director of Aviation 'rector of Engineering Services Additional Support Material: Exhibit "A" Background Information Exhibit "B" Bid Tabulation Exhibit "C" Project Budget Exhibit "D" Location Map .LYNDASVGEN'AirporCv098 - Inoustrial Park \MEMO DO(: BACKGROUND INFORMATION SUBJECT: Corpus Christi International Airport Industrial Park, Phase 1 (Access Road and Utilities) (Project No. 1098) PRIOR COUNCIL ACTION: August 21, 2000 — Approval of a five (5) year lease on 336.78 acres to T. M. & D. H. Bernsen Farms for $25 per acre per year. (Ordinance No. 024160) 2 December 21, 2004 - Approval of a professional services agreement with the C.C.R.E.D.C. for business development services, primarily warehousing, light industrial and commercial non -aviation. 3 March 29, 2005 — Approving the FY 2005 Capital Budget in the amount of $178,074,800. (Ordinance No. 026188) 4 March 29, 2005 - Motion authorizing the City Manager or his designee to execute a Contract For Professional Services with Maverick Engineering Inc. in the amount of $187,266 for the Corpus Christi International Airport Industrial Park, Phase 1 (Access Road and Utilities). (Motion No. 2005-109) PRIOR ADMINISTRATIVE ACTION: None. PROJECT BACKGROUND: The City owns approximately fifty (50) acres of property south of State Highway 44 and west of International Drive at the entrance to the Corpus Christi International Airport that is currently used for agricultural purposes. According to the current Airport Master Plan, this land is recommended for use as Airport Support Facilities, which are defined as industrial/business park development and commercial development such as hotels and service stations. Airport staff negotiated a Council -approved agreement with the Corpus Christi Regional Economic Development Corporation (C.C.R.E.D.C.) to provide commercial non -aviation development services. C.C.R.E.D.C. rias advised the Airport that there is a lack of sufficiently sized industrial/warehouse facilities available inside the City of Corpus Christi and have targeted their efforts in locating a developer for the initial property construction. This initiative by the C.C.R.E.D.C. is intending to spur economic development in and around the Corpus Christi International Airport. PROJECT DESCRIPTION (Construction Contract): This contract consists of the construction of approximately 1,960 LF of new urban collector street; reconstruction of approximately 1,426 LF of rural roadway; new 10" and 8" PVC sanitary sewer lines and fiberglass manholes; new 12" and 8" PVC water lines and appurtenances; new 30", 24" and 18" reinforced concrete storm sewer pipes, inlets and junction boxes; drainage ditch Improvements; and street lighting improvements (by others). Additive alternative #1 provides for the construction of street, storm water and wastewater improvements on Pinson Drive Additive alternate #2 consists of the replacement of crushed limestone flexible base with lime stabilized Flexible Base — Caliche. 10R1E1(rND,S,GENWi,port, )98 - I8dustr9.I Park1A(,ENDP. BACKGR(IUND doc EXHIBIT "A" Page 1 of 2 BID INFORMATION: This project consists of one base bid and two additive alternatives. '-he City received proposals from four bidders on August 31, 2005 (see Exhibit "B" Bid Tabulation). The bids ranged from: • Base Bid: • Additive Alternate #1: • Additive Alternate #2: $1,272,321.80 to $1,640,985.96 $ 151,529.25 to $ 193.762.20 $ (32,977.50) to $ (178,383.00) he Engineer's estimated cost of construction is: • Base Bid $1,850,347 • Additive Alternate No. 1: $ 245,139 • Additive Alternate No. 2 Not provided The city's consultant, Maverick Engineering Inc., and City staff recommend that awarding the Base Bid and Additive Alternative No. 1 scope of work would be the most advantageous to the City, in the best interest of the public and within the construction budget. Therefore, based on lowest qualified bidder and satisfactory past work experience, It is recommended that a construction contract be awarded in the amount of $1,423,851.05 to King Isles Inc. of Corpus Christi, Texas for the Base Bid and Additive Alternative No. 1. CONTRACT TERMS: The project is estimated to require 150 calendar days, with E-ompletion anticipated in March 2006. PROJECT DESCRIPTION (Lighting Agreement): Under this agreement, AEP will provide electrical service to the CC International Industrial Park. The scope of the project to serve the Industrial Park will involve the removal of approximately 2,300' of existing overhead Power Lines and converting the circuit to underground. The installation of the underground electrical facilities to serve the Industrial 'ark will consist of installing approximately 2,500' of circuit. Service to the Industrial Park will also include the installation of 21 Street Lights on concrete square tapered poles served underground. The cost of the project turnkey, which includes all trenching, backfilling, and conduit materials, will be $211,142.56. - H; in1E`1 ,NPASIGEN Airport 1098- Indusir al Park AGENDA BACKGROUND do( EXHIBIT "A" Page 2 of 2 2 6 0 0 . CORPUS CHRISTI INTERNATIONAL AIRPORT INDUSTRIAL. PARK King Isles, Inc. ':oastal Resources Ltd Bay. '..td ;a:,541 Jersoi, :;onstr I. i PHASE 1 '641 Goldston Road P 0 Drawer E P 0 Bos 9908 ) Box 7692 IL_ CITY PROJECT NO 1098 Corpus Christi, TX 78409 Corpus Chr st, TX 78469 Corpus Chris°, Tx 78465 02 st r s "846 IB BID - PART Al STREET IMPROVEMENTS (COLLECTOR STREET) IT UNIT PRICE AMOUNT UNIT PRICE AMOUNT i UNIT PRICE AMOUNI DwAMOUNTT PRICE M0UNl 11,1 - h :� . F 3` '-0 01 'A OO r•-, M69 69 C c)o a O) U% ,.-. 9 ^ O 0 On 0 6.1f9 $13.75 513259 25 5152E 5147055 - '1 $3.00 $3,747 00 5' 00 $3.747 OC �I $9 30 1 $77,403.90 1 $9 55 j 579,484 65 jl $4 40 $84 752 80 54 80 592357 6( $13 00 I $6,786 00 5" 25 $5,846 40 11 52.500 00 $5,000.00 $540 00 _ $1.080 05 2 000.0( 54.000 $4.50 $5,602.50 $2.00 'I $2,490.00', $2.00 52490 00 O O o w 0 0 N $5.25 $141 75 $2.00_ $54 00 _- � - 52.30 4 562.10 _ 56.75 : 5384.75 i $3.00 $17100 5300 517100 1 O N N 69 $60.00 55,880 00 $60.00 55.880.06 I I I $500.00 1 $5,500.00 i 5500.00 35,500 00 $600.00 { $600.00 5600.06 5600.00 I 510.00 51,230.00 $10.00 1 51,230.00 II N rn 51,720.00 1 0 O — O O O to LO w O O o co 6 w O O 6 N .n $674,738.25 N i'l 0( O O 0 0 O p 0 O o oto O Ui CO N c7 to O p O 0 O O 0 0 O r 0 O O d3 0 O p O N� 0 O o O f9 0 O O O N O 0 Q Q h N M co 69 O o N 5150.00 1 514.00 52,200.00 $870.00 52,500.00 $8,000.00 $3,500.00 520,000.00 0 o fA 0 0 f9 $26,518.25', 52 /5 $26,518.25 L 886,66400 $8.25 559,581 50 O0 of 00 to N N tto ( O Ln rf 69 566,584.00 j $8.50 ,_ $70,745.50 o O V3 o NO '- UI O 0 69 N [ ' 9 O" tt CO -- $2,767.50 oO0 coO VV 69 O9 to $594,676.25 0 ( a (o O ,,,L6 O n CV IR O O (9 Hi 0�O •8 O M O O6.0 o O O OpON L[LO 69 W 69 $8.00 QV Vi O N o Ln ° n ''' 69 0 O 0 1� 0 w 0 h A $54.00 1 0 (V ? W $578.25 0 o m 69 0 0 v w 0 0 o $984.00 I $375.00 o 0 0 p 0 o O ro o o w 69 'y 0 o co 9 0 o o wesw Q) n M O QV 0 _ 0 n O » O O O e» O n N en ONOO01 a OI w 0 o» O O CO O0 O (9 (9 - 69 n - w O N en O N (A to N e» 550 00 O 0 a Yf O 0 v tH O O (0 0 O ^ O 0 O 0 • O 0 o w aenf9M (9 h 0 69 O OpOyfa1 Y i 1/) 0 > (0 Q 0 Y U) i 0 ll (0 LL (0 Q W Q O 1L U) LL (A LL (I) LL U) IL (0 LL J 0 W Q W Q W Q W Q (n In W J J LL J LL J f(00 N. 0)N CO 0< 4" Concrete Ted Sidewalk ' 19,262 Concrete Curb Ramp 522 Survey Monument � 2 i (Ozone Day 2 1 (!1 0 N .1 N 0) N N N (0 D N Geogrid Roadway Embankment (Select Material) 10" Crushed Limestone Flexible Base (Type A, Grade 1) Prime Coat (0.15 Gal/SY) 2-1)2" HMAC Pavement (Type D) Surface Course Common Embankment Reflective Pavement Marking Type I (Y) (4") (SLD) .Reflective Pavement Marking Type 1 (Y) (4") (BRK) Reflective Pavement Marking Type 1 (W) (8") (SLS_ Reflective Pavement Marking Type 1 (W) (18") (SLD) • Reflective Pavement Marking Type I (Y) (12") • (GORE) Reflective Pavement Marking Type 1 (W) (CROSSWALK) (10' Wide) Reflective Pavement Marking Type I (W) (ARROW) j Reflective Pavement Marking Type I (W) ("ONLY") 1 Type II -A -A Raised Pavement Marker (Reflectorized) Type II -C-R Raised Pavement Marker (Reflectorized) STOP Sign Relocate Existing Palm Trees and Irrigation Lines Traffic Control 3" Dia. PVC (Sch. 40) Conduit w/ Rigid Galv. Steel Cap 4" Dia. Multicell PVC (Sch. 40) Conduit w/ Rigid Galv. Steel Cap Subtotal Part A' (Items A 1 through A27) a a a a a O a< a Y m a a a L0 a (0 r a 6 << CO 0 Q Q N C9 V V) Q Q (0 aas F CORPUS CHRIST � ITEM DESCRIPTION QTY. UNIT UNIT PRICE AMOUNT UNIT PRICE 1 AMOUNT ' UNIT PRICE AMOUNT UNIT PRICE AMOUNT , BASE BID - PART 8: STORM WATER DRAINAGE IMPROVEMENTS COLLECTOR STREET) 61 18" Dia. RCP (Class 111) 186 LF I $45.00 1 $8,370.00 $17.50 I $3,255.00 $37.00 $6.882.00 540.25 57,486 50 532,032 00 566 7u 541.087 2r. G (O 0N . 0 CO w o N O6 51.800.00 52.35000 52.350.00 1.. 59,000 00 52.960.0L 514.800 0. �. 53.000.00 52.320.00 ) $2.320 00 $3,300.00 j 53,200.00 1 53.200.00 I' $19,500 00 +_53.000 00 515,000 OF 58.600 00 53 400 07 1 56.800.00 T O O NO N p p o N R1 o O o O 64 0 7 1j O N r N 53,550 00 .0 O O O N N N 1-.1.5 N N CC; CO O V N O o LO In to o O p 0 m h N 01 [O n 536,916.00 $40.00 567.120.00 I 1 545,375 00 530 00 $54,450.00 0 oc5 y M D r (O to N. O W h N W 0 CO t0 co Ol to y ` to ) V3 O V N - N o tt---O n 4 o O O NN 53,00000 [ 51,77500 O O o O n O 0 0 'f,,, a o O N O O CV p o o • O OO 0 N O (O Co O OI p, in N o O O OoN Oxt o O O $25 70i $15,831.20 j $52.00 $35.80 570, 59760 $76.00 $5,500.00 $1,800.00 527500.00 $1,800.00 5250000 $3,000.00 0 o 0 o 0 0 w 0 0 mV V( 0 0 0 0V (9 0 0 0 0 N w 0 N_ 69 0 0 N N� 0 . ui e9 0 0 (o 09 0 O 09 1 522.00 0 N w O 0 M O `� O w O N•Al 519.000.00 58,400 00 O o eyA O m JV 55,200 00 i 55,200.00 o O V O N M(') r O os r N 0 o o N 09 N 559,385.00 o (O pNN O O V N 0 W a , 2 N W 0 O ai O 0 Q .00 0 O N eA $1,800 00 1 VO M O 0 M 00 N NN O 0 to 0O M N» 0 O O ul 69 O co 00 toN O M r _ $2,500 00 0 Cq0 (� f/i 0 0 V W 0 O < W O O• Q co o yi O O nJ N 0 O O o N N 69 O O 00 0 yi $1,400 00 0 0 dodo 0 0 f9 0 0 0 0 0 0 O N O) N Ni 69 0 0 0 N N 69 0 O 0 Ot N E9 0 0 0 N 0' WI 0 0 0 f9 0 O 0 o N.N f9 $83,320.00 j 0 0 O o 0 ? (A 0 O Q N Q 0 Or N e9 $21,780.00 O 0 (D r (O N1 O O N N W 0 0 N co N r0 5458,490.00 OO� N A 0 0w 0 O (o N 0 0 O O 51..400.00 0 0 O D 0 00•009'Z$ I00009' l$ 0 0 OOOO N 69 0 0 m W 0 0 0 N N NM 0 0 O O O OoN >> 0 O Ct9 0 0 0 OOO NN 69 eA 1 $2.25 OO N 69 J J W W W W W W W W W W W 0 W J LL J J N J 24" Dia. RCP (Class 111) 616 30" Dia. RCP (Class 111) 1972 ._. .- u. N _ N < 8 O N Of 0 O N M (D c0 N O O 0 N N I- N Concrete Headwall (CH -PW -0) for 24" RCP Concrete Headwall (CH -PW -0) for (2) 24" RCPs 5' Std. Curb Inlet (2' Wide) 5' Curb Inlet (4' Wide) 7.5' Curb Inlet (2' Wide) 8.5' Curb Inlet (2' Wide) 10' Curb Inlet (2' Wide) 11.5' Curb Inlet (4' Wide) 14' Curb Inlet (2' Wide) SafeEnd Treatment for (2) 18" RCPs 'Safety End Treatment for (21 30" RCPs 14-1/2" Concrete Riorap Slope Protection 1 Miter End of 30" RC Pipe 6" Concrete Curb & Gutter Channel Excavation for Regrading Ditch Channel Excavation for Lateral Ditches Silt Fence for Storm Water Pollution Prevention Seeding for Erosion Control Trench Safety for Storm Sewer, per Section 022022 Subtotal Part B' (Items B1 through B22) m CO N 0 m m N mmmmN 0 CO r CO CO m N m Vmmmmmm CO TABULATION OF BIDS DEPARTMENT OF ENGINEERING • CITY OF CORPUS CHRISTI TEXAS 1 a C 0 3I LIO K 0 0 V J 0 m x o � 0 0 Y 0. d Q 0) N 0 ❑ Z o a 8 rc 71- - , U Z s z a a re z ce f z co co V 4 0 0 ❑ V 8 a U J O a 8 a a UNIT PRICE Q J n 0) o N � O O 7 p� J n N 69 M O O 0 0 m a [7 N o o 0 0 10 0 V m 10: N N r9 0 0 m CO 09 N O0 00 0 O r0 m 0 v) N O 0 S. r CO rnn bj 04 O 0 1)) 0 0 ) '4 m e69 00 N 0 00 N 0 0) 0 0 04 N 0 co N O N CO 0 N +. 0 O O M 0 0 0 0 0J N O 119 0 N o � O N N O N 0 0 69 0 0 N6/1 00 N N 09 0 N O a M » i9 0 h M 0 0 0 69 0 O 0 8 0 0 0 0 0 0 N 0 0 N c') 0) V) (fl N LL li lo J J J ID 0) O O 09 O O V N 0 N N W co r 4 CO 0 N 8" Dia. Ductile Iron Waterline (Pressure Clas 12" Dia. C900 PVC Waterline (DR 18) N 0' V 0 0 0 h 0 N m 0 C 2" Dia. Ductile IT e 0 f N CO N 0 ❑ a m 0 m 0 03 r - V $9,360.00 5725.00 513.0500f j 01 o o oo 0 10 ` 0 y O ID N 109 o o 0 o N 0)N 0 0 O O M 0) oco 0 )t (l) 0 0 O J (n O Ntp 0) j co u) 0 0 0 N 0N O M (n 534.50 536,432.00 N $203,407.05 O O O 0 P) t9 O 0 O 0 N 69 O 0 O 0 N N O 0 0 N $924 80 59,000.00 1 5950.00 517,100.00 I 5520.00 O 0 00 O m w 0 0 N 9m 51,800.00 1 51.3000 f 0 0 0 O 00) 09 0 0 0 o y0 N p 69 0 5040 I 52,550.00 51,500.00 $4,500.00 58,067 50 58,067 50 $4,580 00 00'004'9$ 00 006' ($ oo 0 pp N N 0 0 0 0 0o mm o O p 0 rnfvj O IA O N O 04 $800.00 0 O O C O 69 0 O O O N $5,500.00 $18.00 $1.50 $1,832.00 $2,400.00 $3,600.00_. O O r- 0O0 o N CO CO 0 'D 0ab 071 69 O O y - N H 0 O 0 O 0 N O O O p 69 o 0 0 0, 0 0 N 0 0 0 N 0 0 o 0 0 O 0] M NN 69 w w 10 LU a W 10 W 10 0 0 e m .- O N N O N 0) (0 N O o 0`.) '12"- 11-1/4 Deg. D . Bend 12"-45 Deg. D.I. Bend F W N (V 16"x 12" Tapping Sleeve (Wet Connection) Remove and Dispose of Existing 8" A.C.P. Waterline 8" Tie-in/Connection 8" Gate Valve and Valve Box 12" Gate Valve and Valve Box Fire Hydrant Assembly (Type 1) Cement Stabilized Sand Backfill fi Trench Safety for Waterline, per Section 022022.. Subtotal Part 'C' (Items C1 throuoh C18) OD 0 0) 0 0 0 .- 0 N 0) a 0 0 0 V) 0 CO 0 CO 0 0 0 TABULATION OF BIDS OFPARTMENT OF ENGINEERING - CITY OF CORPUS CHRI h R Q a 1- F h 0 2 0 a rc Q W z O x QO. z mre W z z F 0, U to a 0 0 U II lO AMOUNT JNIT PRICE AMOUNT $3,366 Or 526 45 ! 54.946.15 $2,040 OO $36 80 51.472 00 �I ,� $1,060 00 9 $370 5794.00_ 535.00 510.150-00 $23 00 56,670.00 533 35 j- 59.671.50 _ 540.00 54,400.00 $25 00 52,750 00 _ 538 00 , 54.180.00 _;!I 575.00 53,000.00 565 00 52,600 00 590 00 53.600 00 $75.00 51,50000 $67.00 51,340.00 1 560.00 1 51.20000 11 N ^ N N W ON O O Di .'l K 58,000 00 5233 00 53 680.00 ';i 53,50000 58,200 00 i 58.200.00 1 510,835.00 534 50 56.796.50 523,725 00 5155.00 556,575.00 II 54,34700 _54.00 55,796.00 CO m co '0 CO Q 01 N 0 M 0 0 N u) 0 v N O O < O O Cr) en O f0 O O O o Lo N 535,100.00 !' 0 o o 0 0 o O O 0 o p O o 64 O O 6 o O OL OS 0 co O 0 so N 523.00 ) $15,732.00 $22.00 II ITEM I DESCRIPTION j OTY. I UNIT UNIT PRICE AMOUNT 1 UNIT PRICE j AMOUNT j UNIT PRICE 0 0 o 0 or 4 $3,500.00 531,500.00 1 5700.00 511,200.00 $4.200.00 j 54,200.00 54,580.25 $45,625.00 n m < f9 0 ci N M O O: O °p q h r H rsi e O O M NM 0 N `W O N 0 W BASE BID - PART D: SANITARY SEWER (WASTEWATER) IMPROVEMENTS (COLLECTOR STREET) 8' Dia. PVC (SDR 26) Sanitary Sewer Gravity Line D1 (0'-6' Depth) 187 LF 530.00 $5,610_00_ 0 O o �W 0 o 0 0 0 o co 0 O 0 e m vo N » 0 0 0 o i0 e9 0 LO T 1 $1,520 00 o 0 O b OJ 0 0 o O N N w 0 0 0 N h N w 0 0 D 0 0 o p Uj 0 0 CO ON � $32,850.00 54,347.00 $7,245_00 to LF 535.00_ J LF $38.00 ; 0 0 0 69 W 0 0 CO NW U 0 0 O peg 0 OO N w LF $38.00 0 eA o hQ bi O o 0 CO N e9 O O O 2 O 0 0 0 p 44 O O LO 0 eN O 0 O 64 O M $5.00 LI_ II_ J U _I U -0 Q W U > Q W i U Y U LL -3 LL _I m 0 O 0 N p CO O N 0 0 ^ CU '� ID O) m •p0 pLo 8" Dia. PVC (SDR 26) Sanitary Sewer Gravity Line (6'-8' Depth) 8" Dia. PVC Sanitary Sewer Pressure Pipe (150 psi) for Waterline Crossing (0'-6' Depth) 8" Dia. PVC Sanitary Sewer Pressure Pipe (150 psi) for Waterline Crossing (6-8' Depth) 10" Dia. PVC (SDR 26) Sanitary Sewer Gravity Line (0'-6' Depth) 10" Dia. PVC (SDR 26) Sanitary Sewer Gravity L:ne it (6'-8' Depth) 10" Dia. PVC (SDR 26) Sanitary Sewer Gravity Looe (8'-10' Depth) 10" Dia. PVC Sanitary Sewer Pressure Pipe (150 psi) for Waterline Crossing (0'£' Depth: 10" Dia. PVC Sanitary Sewer Pressure Pipe -(150 psi) for Waterline Crossing (6'-8' Depth) 18" Dia. Bore 8 Steel Casing for 10" Sanitary Sewer ;Line (8'-10' Depth) 4' Dia. Fiberglass Sanitary Manhole (0'-6' Depth) Extra Depth for 4' Dia. Manhole (Over 6' Depth) Fiberglass Rehabilitation for Existing Sanitary Manhole (7.5' Depth) Cement Stabilized Sand Backfill Flowable Grout Backfill for Manholes Televised Inspection of Conduits Trench Safety for Sanitary Sewer, per Section 022022 Subtotal Part 'D' (Items 01 through D17) N I 0 C) 0 O 0 til 0 (O 0 N 0 W 0 Oe 0 O 0 0 N 0 .- 0 p 0 ❑ N ❑ ^ 0 a J 0 0 a N 2 CORPUS CHRIS CORPUS CHRISTI INTERNATIONAL AIRPORT INDUSTRIAL PARK Kine blas. Inc. I Coastal Resources. Ltd. Day. Ltd. I Naas -Anderson Constr.. Ltd PHASE 1 1841 Goldston Road P. 0. Drawer E. P.O. Box 9908 • P 0 Dox 7692 11 i _._ p Corpus Christi, TX 78469 • Corpus Chnsti TX 78467 CITY PROJECT NO. 1098 i Corpus Christi, TX 78409 I Corpus Christi. TX 78469 p pu J AMOUNT UNIT PRICE ! AMOUNT $3.35 5643.20 $5 00 �. $960 OG 50 60 51 075 20 F2 Seeding for Erosion Control 1504 ! SY 1 $2.25 1 $3,384.00 1 $2 00 $3.008 00 $G.80 $1.203.20 S 25 $1.880.00._ Subtotal + $3,960.001 $3,651.201 $2,163.20 Sub $2,955.20 (temS F1 throuoh F2) UNIT PRICE AMOUNT • UNIT PRICE it ITEM DESCRIPTIONQTY. UNIT UNIT PRICE J AMOUNT ADDITIVE ALTERNATE NO. 1 - PART F: STORM WATER DRAINAGE IMPROVEMENTS (PINSON DRIVE) co o 0 69 F1 lSilt Fence for Storm Water Pollution Preventlor 192 ; LF $3.00 U 2 O U c a N c o u i 3 4 x m 2 O d s • 2 J m U 0 n U a Q 2 H 2 2 0 N 0 8 a 0 0] 0 0 0, N 0 0 0 N 0 Ute) N 0 O a 0 O 0 M UNIT PRICE 09 w 0 0 LO 0 CO 0 Mn 0 0 0 a 0 z O Q 0 0 0 64 0 0 0 0 CO69 0 0 (0 ri 0 4, 0 m Vi UNIT PRICE 0 M 6S 0 O M 0 O 0) 69 03 0 N 63 0 co fA 0 69 8 8 0 0 co O 0 N 0 0 O N 09 0 N 29 O 0 ui 0 W rc a 2 W 0 Z N j 2 o n a F 2 W 2 W W > y 0 a Z 0 - w W r 1- Z Z Q ' o w W W >- K FQ- w 0 I - a. 4 0 0. O — 0 2 F 42 cc -JF Q • 0 L4 04 0 10 0 0 in M 0 0 0 N ai 0 0 N 69 0 O (D CO r w 0 0 6, cza 0 cc N 69 0 0 LO (7 69 0 N 0 M 0 0 M 0 69 O co 69 0 0 CO 6, 0 )0 03 O O W W Y U U 0 M 0 0 .0 0 0 0 co 0 .0 m co N (0 m .0 N O Cement Stabilized Sand Backfill Flowable Grout Backfill for Manholes Televised Inspection of Conduits U U m (.7 0 u) r U TABULATION OF BIDS 4RTMENT OF ENGINEERING O'S, OF TORPUS C' ENGINEER'S ESTIMATE. 51 480.505 00 (Base Bid F 2 N ox �a a z K z f N 0 0 Vl a 0 U .........__ ._ .___ --rr- _. ITEM 1 DESCRIPTION 1 CITY. 1 UNIT I UNIT PRICE 1 AMOUNT UNIT PRICE 1 AMOUNT UNIT PRICE AMOUNT-- - __ UNIT PRICE AMOUNT ADDITIVE ALTERNATE NO. 2 - PART H: STREET IMPROVEMENTS COLLECTOR STREET) _„ DELETE ITEM A4' Roadway Embankment H1 (Select Material) (7222) 05 1 512.00 ($86,664.00) 58.25 (559,581 50) l 513.30 (596,052 601 11., 5C 597 497 Or 510 45 1 5100 769.35 ' 514 00 $135.002 00 515 25 5147.055 75 ($132,685.65) (S28,169.85)1 ($37,977.00)1 O N N ($27,293.75)1 • 00 P, 0.1 N 09 09 N. N 09 CD ADD ITEM A5 -A 14” Lime -Stabilized Flexible H4 Base -Caliche 9643 Subtotal Part 'H' (Items H1 through H4) 556,837 50 "> 15 50 y 575.025.50 O N CORPUS CHRISTI INTERNATIONAL AIRPORT INDUSTRIAL PARK King Islas, Inc. - Coastal Resources, Ltd. Bay, Ltd, Naas-Anaorson Constr. Ltd PHASE 1 j 1641 Goldston Road P.O. Drawer E P.O. Boa 6908 P O. Box 7692 CITY PROJECT NO. 1098 I Corpus Ghrlpl, TX 18409 I Corpus Christi, TX 78469 Corpus Christ,, TX 78465 Corpus Cnnsti TX 18467 AMOUNT UNIT PRICE AMOUNT (563,658.00:: 516 00 (572,752 0( M n N N w o 09 0 N CO COSh UNIT PRICE '1 AMOUNT { UNIT PRICE 1 514 00 1 0 u9 C4 en 520.50 (593,213.50) Lil ($45,697.35) 0 0) 0 09 0 (563,658 00) 0) ($5,683.75) 2 N y °i- ¢ in W ITEM 1 DESCRIPTION 1 CITY. 1 UNIT 1 UNIT PRICE ADDITIVE ALTERNATE NO. 2 - PART I: STREET IMPROVEMENTS (PINSON DRIVE) o o y e» u> n r w >- in N .>-- 0 0 a a r - u� o Subtotal Part '1' (Items 11 through 12) i DELETE ITEM E4. 10" Crushed Limestone Flexible Base (Type A. Grade 1) ADD ITEM E4 -A: 14" Lime -Stabilized Flexible Base -Caliche ll CA CORPUS CHRISTI INTERNATIONAL AIRPORT INDUSTRIAL PARK, PHASE 1 - ACCESS ROAD AND UTILITIES PROJECT BUDGET FUNDS AVAILABLE: ESTIMATED BUDGET Airport Capital Improvement Budget $ 982,730.05 Storm Water Capital Improvement Budget $ 515,679.00 Water Capital Improvement Budget $ 194,787.00 Wastewater Capital Improvement Budget $ 203,256.00 TOTAL BUDGET: $ 1,896,452.05 FUNDS REQUIRED: Construction Cost (King Isles, Inc..) $ 1,423,851.05 Construction Contingencies 142,385.00 AE Consultant (Maverick) 187,266.00 Construction Inspection 56,000.00 Testing 24,950.00 Engineering Reimbursements 40,000.00 Administrative Reimbursements 20,000.00 Incidental Expenses (Printing, Advertising, etc.) 2,000.00 Total $ 1,896,452.05 EXHIBIT "C" Page 1 of 1 IWt 44 PROJECT LOCATION CITY PROJECT No. 1098 BAY 'I �y 1 44 V - RG41) Tc 07:17:4(,„, i �CMERII� O � • 3 MIPOF j 4. - KM LN _. u S � W PaNT , S cGl01N RD LOCATION MAP NI.40 SC,4LF CHRIS 7' BAY EXHIBIT "D" CORPUS CHRISTI INTERNATIONAL AIRPORT INDUSTRIAL PARK, PHASE 1 (Access Road and Utilities) CITY COUNCIL EXHIBIT CII' OF CORPUS CHRISTI, TEXAS D!*4RTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DAVE. 09-21-2005 ORDINANCE ORDINANCE APPROPRIATING $525,000 IN THE AIRPORT OPERATING FUND 4610; TRANSFERRING AND APPROPRIATING $525,000 INTO THE AIRPORT CIP FUND - CAPITAL RESERVE FUND 3020A FOR INFRASTRUCTURE IMPROVEMENTS FOR THE CORPUS CHRISTI INDUSTRIAL PARK, PHASE I; AMENDING FY 2005-06 OPERATING BUDGET ADOPTED BY ORDINANCE NO. 026385 TO INCREASE APPROPRIATIONS BY $525,000; AMENDING THE FY 2005 CAPITAL BUDGET ADOPTED BY ORDINANCE NO. 026188 TO INCREASE APPROPRIATIONS BY $525,000; AND DECLARING AND EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Appropriating $525,000 in the Airport Operating Fund 4610. SECTION 2. Transferring and appropriating $525,000 into the Airport CIP Fund - Capital Reserve Fund 3020A for infrastructure improvements for the Corpus Christi Industrial Park, Phase I. SECTION 3. Amending FY 2005-06 Operating Budget adopted by Ordinance No, 026385 to increase appropriations by $525,000. SECTION 4. Amending the FY 2005 Capital Budget adopted by Ordinance No. 026188 to increase appropriations by $525,000. SECTION 5. 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 October. 2005. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary nhnBurke\OrdReso2005\ORD APPRO 4 Industrial Park. Ila Henry Garrett Mayor APPROVED: October � 2005 n P. Burke, Jr. sistant City Attorney or City Attorney JohnBurke\OrdReso2005\ORD APPRO 4 Industrial Park.11a Corpus Christi, Texas Day of , 2005 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, Henry Garrett, Mayor City of Corpus Christi Council Members The above ordinance was passed by the following vote: Henry Garrett Brent Chesney Melody Cooper Jerry Garcia Bill Kelly Rex A. Kinnison John E. Marez Jesse Noyola Mark Scott lohnBurkeAOrdReso2005\ORD APPRO 4 Industrial Park Ila 45 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 09-27-05 AGENDA ITEM: Resolution authorizing the City Manager or his designee to prepare and submit a pass-through tolls application to the Texas Department of Transportation for the extension of Ennis Joslin (Spur 3) from the intersection of South padre Island Drive (SH358) to the intersection of Rodd Field Road (SH 357) and Holly Road. ISSUE: The City has worked closely with land owners along a proposed extension of Ennis Joslin south of SPID and with Texas A&M —Corpus Christi which will be acquiring 25 acres through donation adjacent to the proposed extension, all directed toward devising a funding mechanism for this street project. TxDOToffers a new program called pass-through tolls that assists cities and counties in constructing such projects. Staff is requesting council approval to submit an application to TxDOT. REQUIRED COUNCIL ACTION: Approval of the City Council is required by TxDOT for submission of this application PREVIOUS COUNCIL ACTION: The extension of Ennis Joslin south of SPID is part of the City's overall Master Transportation Plan. FUNDING: Should TxDOT approve the project, the City's responsibility will be for water and wastewater improvements, funding for both of which is available in those funds. In addition, the City will be receiving approximately 13.8 acres of right-of-way valued at $483.000 that will be contributed to the project. CONCLUSION AND RECOMMENDATION: City Staff believes that the extension of Ennis Joslin south of SPID coupled with the acquisition of additional land for Texas A&M — Corpus Christi will be of major benefit to not only transportation efficiency across SPID but also to Texas A&M — Corpus Christi. Staff submits Council approval of the authority to submit an application to TxDOT. W. Thomas Utter Special Assistant to the City Manager Attachments BACKGROUND INFORMATION In 2003. the Texas Legislature adopted a pass-through toll program for the Texas Department of Transportation (TxDOT). A pass-through toll allows a public entity to receive reimbursement for the construction, maintenance, or operation of a non - toll facility on the state highway system by the public entity. Under the program, a public entity submits a proposal to TxDOT so that TxDOT and the Transportation Commission can properly consider the merit of the proposal. A selection and negotiation process will be followed to attempt to develop a pass- through toll agreement with the public entity. The commission must first grant approval for TxDOT to begin negotiations. TxDOT will then submit a summary of the terms of a successfully negotiated pass-through agreement to the Commission. If the Commission approves, TxDOT will enter into an agreement with the public entity to provide for the payment of pass-through tolls as reimbursementforthe construction, maintenance, or operation of a toll or non -toll facility on the state highway system. Spur 3, locally known as Ennis Joslin Road, was placed on the state highway system at the request of the city to serve Texas A&M — Corpus Christi shortly after the university gained four-year status and was part of the negotiations for that status. The City's Master Transportation Plan calls for Ennis Joslin to continue south of SPID. The property owners in the area have agreed to provide the necessary right of way to the City and to provide 25 acres of land to the university for university use. The street project will run from the Ennis Joslin stub out on the south side of SPID down to Holly Road, turning to the west on Holly Road, running to Rodd Field Road. The project from SPID to Holly will be a full parkway section similar to Ennis Joslin north of SPID and would contain a hike and bike path. The proposal is fora non -toll project. The total estimated cost of the project is $16.8 million with the pass-through toll amount from the State being requested at $12.475 million with the City cost at $4.32 million, consisting of water and wastewater improvements, engineering for those improvements and donated right of way at $483,000. Attached are a project budget estimate and a map showing the proposed extension. temized Budget ngmeering: Novi. Activities 'reparation of Schematic ane F'S&E Surveying and resting Subsurface Utility E-ngineerinq llonstreclion Observation Total Engineering Costs Environmental Costs: Work Activities Mitigation Environmental Documentation Environmental Permitting Total Environmental Costs Right-of-way Costs: Nor4 Activities Appraisal, 5urvea Addition& ROW acing Holly Rd tacres, New POW Eacres) Administrative Costs ‘'EP Transmission Line easement Total Right-of-way Costs Construction Costs. Street Improvements Tirainage improvements Water improvements Wastewater Improvements Total Construction Costs TOTAL ITEMIZED BUDGET Ennis Joslin (Spur 3) Extension - Project 86386 Project Budget Estimate Quantity Unit Price City Cost Pass -Through Toll Cost Total Cost $ 272.000.00 $ 852,000.00 $ 1,124,000.00 $ 51,000.00 $ 160.000.00 $ 211,000.00 $ 15.000.00 $ 35,000.00 $ 50,000.00 $ 119,000.00 $ 373,000.00 $ 492,000.00 $ 457,000.00 $ 1,420,000.00 $ 1,877,000.00 5 2..000.00 $ 8,00000 4 5 $ 35,000 00 1 z 8 3 35,000.00 $ g $ 3,500.00 3 0 $ 35,000-00 Street & Drainage Subtotal $ 35,000.00 $ $ 20,000.00 $ $ 20,000.00 $ $ 75,000.00 $ $ 483,000.00 $ 483,000.00 $ 35,000.00 20,000.00 20,000.00 75,000.00 10,000.00 $ 10,000.00 48,000.00 $ 48,000.00 157,500.00 $ 157,500.00 - $ 483,000.00 17,500.00 $ 17,500.00 105,000.00 $ 105,000.00 338,000.00 $ 821,000.00 $ 5,691,501.70 $ 5,691,501.70 $ 4,949,060.00 $ 4,949,060.00 $ 10,640,561.70 $ 2,067,000.00 $ 2,067,000.00 $ 1,325,000.00 $ 1,325,000.00 Utility Subtotal $ 3,392,000.00 $ 3,392,000.00 $ 10,640,561.70 $ 14,032,561.70 $ 4,332,000.00 $ 12,473,561.70 $ 16,805,561.70 .:ijLNV ENGINEERINGIh. RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO PREPARE AND SUBMIT A PASS-THROUGH TOLLS APPLICATION TO THE TEXAS DEPARTMENT OF TRANSPORTATION FOR THE EXTENSION OF ENNIS JOSLIN (SPUR 3) FROM THE INTERSECTION OF SOUTH PADRE ISLAND DRIVE (SH 358) TO THE INTERSECTION OF RODD FIELD ROAD (SH 357) AND HOLLY ROAD. WHEREAS, The City of Corpus Christi is interested in partnering with Texas Department of Transportation (TxDot) to develop a safe and efficient transportation network; and WHEREAS, TxDot administers a Pass -Through Tolls program which provides payment of pass-through tolls as reimbursement for the construction of non -toll facilities or the State Highway System BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS; SECTION 1. That the City Manager or his designee is authorized to prepare and submit a Pass -Through Tolls Application to TxDot for the extension of Ennis Joslin {Spur 31 from the intersection of South Padre Island Drive (SH358) to the intersection of Rodd Field Road (SH 357) and Holly Road ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APOROVED: 11th day of O9tober, 2005. \1k&uil(Wali Veronica Ocarias Assistant City Attorney for City Attorney Henry Garrett Mayor 2 Corpus Christi. Texas Jay of , 2005 The above resolution was passed by the following vote: Henry Garrett Brent Chesney Melody Cooper Jerry Garcia Bill Kelly Rex A. Kinnison John E Marez Jesse Noyola Mark Scott 46 CITY COUNCIL AGENDA MEMORANDUM September 27, 2005 AGENDA ITEM: Ordinance amending the Code of Ordinances, City of Corpus Christi, Chapter 10, Beachfront Management and Construction, regarding the elimination of vehicular traffic on the beach seaward of the Padre Island seawall, the direction of travel between Whitecap Boulevard and Padre Balli Park; providing for penalties; providing for severance; providing for publication; and providing a delayed effective date. ISSUE: Whether the beach seaward of the Padre Island seawall should be closed to vehicular traffic, and whether the southbound one-way traffic regulation between Whitecap Boulevard and Padre Balli Park should be continued. REQUIRED COUNCIL ACTION: Adoption of draft ordinance. PREVIOUS COUNCIL ACTIONS: February 28, 1995 -- adoption of Dune Protection and Beach Access Plan, an element of Comprehensive Plan. December 17, 1996 —adoption of resolution authorizing sale and purchase agreement with Asset Development Corporation for acquisition of property along the seawall for public parking and related public uses. (Implementation of SB 1688.) April 20, 2004 — adoption of Mustang -Padre Area Development Plan, an element of Comprehensive Plan. September 13, 2005 — adoption of motion authorizing the City Manager or his designee to execute a construction contract with Haas Anderson Construction, Ltd., of Corpus Christi, Texas in the amount of $458,618.20 for the Total Base Bid and Additive Alternate No. 3 for the Packery Channel South Parking Lot Improvements. FUNDING: N/A. RECOMMENDATION AND CONCLUSION: Staff recommends Council approval of the elimination of vehicular traffic in front of the seawall. This action keeps faith with the intent of all of the agreements and understandings made in 1995 and 1996 among all the parties. With existing rules, regulations, and statutes, vehicular access will continue at both ends of the seawall as well as to the parking lot soon to be under construction. The area in front of the seawall will be the only City vehicular -free beach and should work well with and complement the Packery Channel project that we anticipate to be a tremendous recreational draw. W. Thomas Utter Special Assistant to the City Manager BACKGROUND INFORMATION The North Padre Island seawall was constructed in the late 1960's and, after a court settlement between the seawall owners and the State of Texas represented by the Texas General Land Office in 1974, beach access and parking in the area has always been in question. In the early 1990's, two issues came together that became the driving factors for the resolution of the seawall issues. Both issues arose because of the eroding beach in front of the seawall. As the beach narrowed, it became practically impossible to have parking, vehicular movement and beach usage at that location. Secondly, the state's 200 foot rolling beach easement slowly moved westward to the point that it infringed on the private property west of and adjacent to the seawall and for all practical purposes stopped all development or sale of the property because of the inability to acquire title insurance. During 1992, 1993, and 1994, City staff, City Council and various boards and commissions of the City met with all of the interested groups including representatives of members of our legislative delegation to reach some consensus. On May 8, 1995, SB1688 was passed by the Texas Legislature and subsequently signed by the Governor. That bill sought not only to take care of the parking and access issue of the beach but also to protect the private property interests behind the seawall. The bill provided that the line of vegetation would be designated along the seaward side of the seawall provided that: A. a perpetual easement has been granted in favor of the public affording pedestrian, noncommercial use along and over the entire length of the seawall and adjacent sidewalk by the general public; B. fee title to the surface estate to an area for public parking and other public uses adjacent to the seawall has been conveyed to and accepted by a public entity, which area contains sufficient acreage to provide at least one parking space for each 15 linear feet of the seawall, is located within the center one-third of the length of the seawall, and has frontage on the seawall for at least 300 linear feet; and C. permanent roadway easements exist within 1,000 feet of each end of the seawall affording vehicular access from the nearest public road to the beach. The conditions were met by the property owners along the seawall providing both a perpetual easement for the public on the seawall and by providing a roadway easement on the north end of the seawall (a public roadway already existed on the south end of the seawall). In addition, the property owners raised $450,000 to purchase sufficient property to provide to the City for public parking. Unfortunately, the only piece of property that could be purchased lay on the edge of the center third of the seawall and, after discussions with the Attorney General's office. HB2847 was passed on April 25, 1997, which amended SB1688 to allow for property within the center third of the seawall or within 300 feet thereof. It was everyone concerned with the issue's understanding that once the parking was constructed and the beach access on both ends of the seawall put into place, that the City would exclude vehicular traffic from in front of the seawall. The City Council had clearly declared that intent in the adoption of dune protection and beach access regulation on February 21, 1995. Various state agencies offered assistance in finding funding for the parking; however, none was forthcoming. On April 7, 2001, the voters of the City of Corpus Christi approved the creation of a Tax incremental Financing (TIF) District to undertake the Packery Channel project. Included within the TIF district were two projects, Packery Channel and construction of the seawall parking area. After exhaustive public hearings on a comprehensive plan for Mustang and Padre (sands, on April 20, 2004, the City Council adopted the Mustang -Padre Area Development Plan that included policy statement C.15, which stated: The highest priority for provision of beach parking is on existing City land located adjacent to the seawall for a 300 -space parking lot. In order to create a safe day - use beach area in front of the seawall, traffic will be prohibited once a public parking area is constructed. On Tuesday, September 13, 2005, the Corpus Christi City Council unanimously approved a construction contract in the amount of approximately $450,000 to construct the parking on the City property on the seawall as had been contemplated for over 10 years. The City has also moved forward with a beachfront construction permit application that has been sent to your office for review. Section 15.7(h) of the Beach and Dune Rules established by the Texas General Land Office, under the authority of the Texas Open Beaches Act, authorizes local govemments, with the prior approval of the General Land Office, to close portions of the public beach to vehicular traffic, if adequate parking is provided on or adjacent to the beach to accommodate one car for each 15 linear feet of beach that is closed. The City is constructing a parking lot that will accommodate 310 cars, and the parking lot is adequate to provide parking for at least one car for each 15 feet of beach seaward of the concrete seawall where it is proposed to eliminate vehicular traffic. (The minimum number of required parking spaces is 282.) Ingress and egress access to the beach is provided for vehicles at each end of the seawall, and access to the beach is provided for pedestrians along the entire length of the seawall by a perpetual easement that has been granted in favor of the public affording pedestrians noncommercial use along and over the entire length of the seawall and adjacent sidewalk. Once vehicular traffic is eliminated from in front of the seawall, signs will be conspicuously posted to explain the nature and extent of vehicular controls, parking areas, and access points. The elimination of vehicular traffic on that of the portion of the public beach seaward of the Padre Island seawall will provide a family safe area for the public to use the beach without being exposed to the dangers posed by vehicles driving on the beach; and the public's right to access is protected by the existing access and the availability of public parking adjacent to the public beach and seawall. There will be handicapped accessibility from the parking lot to the seawall and, while handicapped access to the beach is available at both ends of the seawall, staff is working on the engineering for handicapped accessibility from the seawall to the beach, which will be in a future phase of the project. We have eleven attachments that entail the majority of City actions between 1995 and today related to the seawall and the elimination of vehicular traffic in front of the seawall. Attachment 1: Attachment 2: Attachment 3: Attachment 4: Attachment 5: Attachment 6: Attachment 7: Attachment 8: Attachment 9: Attachment 10: Attachment 11: ATTACHMENTS Page City of Corpus Christi, Texas, Dune 2 Protection and Beach Access Regulations, February 21, 1995 (excerpt) Senate Bill 1688, May 8, 1995 5 City Council Agenda Memorandum, 7 December 13, 1996 House Bill 2847, April 25, 1997 43 Extension of Sale and Purchase 45 Agreement, July 1997 Public and Environment Facilities Plan, 54 North and South Access to Packery, November 7, 2001 — January 7, 2002 Packery Channel Information Sheet, July 58 2003 Groundbreaking Mustang -Padre Area Development Plan, 60 April 20, 2004 (excerpt) Aerial Photograph Showing North Padre 62 Island Seawall and Proposed Parking Locations Aerial Photographs of the Packery 63 Channel Project and Relation to North Padre Island Seawall, August 28, 2005 Beachfront Construction Certificate 66 Application, September 15, 2005 CITY OF CORPUS CHRISTI, TEXAS;; DUNE PROTECTION AND BEACH ACC S RJ VIA FEBRUARY 21, 1995 2 Attachment 1 8. Provide coordinated, consistent, responsive, timely, and predictable governmental decision making and permitting processes. 9. Recognize that the beach/dune system contains resources of statewide value and concern, which local governments are in the best position to manage on a daily basis. 10. Educate the public about coastal issues such as dune protection, beach access, erosion, and flood protection, and to provide for public participation in the protection of the beach/dune system and in the development and implementation of the Texas Coastal Management Program. LOCAL ACTION POLICIES 1. The City of Corpus Christi will pursue park dedication as required through the Platting Ordinance for unplatted areas and those areas which have platted properties and the park dedication commitment has not been fulfilled. Parkland dedication will be accepted in land, money -in -lieu -of - land, or any appropriate combination emphasizing public parking and access to the beach. 2. The City will actively support the establishment of the Dune Protection Line at the easternmost line of the North Padre Island Seawall. 3. The City will actively seek funding through the General Land Office, other federal and state agencies, and other public sources to purchase and develop an area landward of the Seawall to provide a minimum of 300 public parking spaces. Subsequent to purchase and development of the parking area landward of the seawall, the City will take action to close permanently the beach seaward of the Seawall to vehicular traffic for safety purposes. 4. The City will actively seek funding through the General Land Office, other federal and state agencies and other public sources for the purchase and development of six off -beach parking and beach access parks within the area between the Mustang Island State Park and the Port Aransas City Limits and east of S.H. 361. 5. The City recommends that Nueces County establish a definitive policy to temporarily prohibit vehicular movement on the beach to protect beach users in the area seaward of the Seawall. Specifically, the City recommends that a safety corridor be established between the bottom of the Seawall and the waters edge of a minimum 75 foot width or vehicular traffic will be prohibited from driving on the beach at the Seawall. 6. In order to increase access to the beach seaward of the Seawall, the City will aggressively pursue the permanent dedication of Beach Access Road No. 3-A and the two existing private pedestrian walkways currently owned by private interests. 7. The City will request the General Land Office and the Texas Parks and Wildlife Department to provide public access points at a minimum of one mile intervals within any lands controlled by respective State agencies which are located adjacent to the Gulf Beach. The City will 95N1128503kx.r ili (av) 2-21.95 3 51 encourage the GLO and the TPWD to provide additional recreational vehicle sites within State lands on Padre and Mustang Islands. The City will request the Department of Interior to provide public access points at a minimum of one mile intervals within any lands controlled by the federal government which are located adjacent to the Gulf Beach. The City will encourage the Department of Interior and National Park Service to provide additional recreational vehicle sites within federal lands on Padre and Mustang Islands. 8. The City encourages the retention of access to the public beach through the means of private easements to accommodate all property between S.H. 361 and the public beach should current beach access be restricted through future sub -division of these properties. 9. Where the developer is proposing public roadways, the City will encourage the use of paralleling roadways and alternative street standards included in the Plan. 95NH2850.3kxay'h (air) 2-21-95 4 AN ACT ;kiting to the establishment of the line of vegetation along the Gulf of Mexico where a natural vegetation line does not exist. BE IT ENACTED BY THE LEGISLATURE OF TRE STATE OF TEXAS: SECTION 1 Section 61.017, Natural Resources Code, is amended by adding Subsection (c) to read as follows: (c)(I) is f wher w.lss Jr tnsedi R% as a l fo 1970 pd continuously maintained with a height of not less than 11 feet above mean low tide interrupts the natural line of vegetation for a distance got less than 4 000 feet nor greater than 4 500 feet, the line of vegetation is along the seaward side of the seawall for the distance marked by the eawall provided that prior to December 31, 1996: (A) a perpetual easement has been ran in favor of the nubfic affording pedestrian noncommercial use along Ind over the entire length of the seawall and adjacent sidewalk by the general public; (8) fee title to the surface estate to an area for public parking and other public uses adjacent to the seawall has been un get to and aecr�ited by p public entity, which area contains sufficient acreage to provide at least one parking space for each 15 linear feet if the seawall, is located within the center onethird of the length of the seawall, and has frontage on the seawall for at least 300 linear feet; and (C) permanent roadway easements exist within 1 000 feet of each end of the seawall affording vehicular access tom the nearest public road to the beach. 2 A line 1 v etatio b ed as described in this sub on 1 be the .1 and bo 1: fthe lRic l.:h:d yf the public easement for all purposes. Fee title to all submerged land as described in this code shall remain in the State of Texas. SECTION 2. The change in law made by Subsection (c), Section 61.017, Natural Resources Code, as added by this Act, establishes the landward boundary of the public beach and of the public easement in any instance in which the circumstances described in Subsection (c), Section 61.017. Natural Resources Code, as added by this Act, including the dedication of the public easement and the conveyance of the public parking and use area, are completed prior to December 31, 1996. Any court judgment in effect prior to the effective date of this Act regarding circumstances described in Subsection (c), Section 61.017, Natural Resources Code, as added by this Act, is modified by that section to the extent that the judgment is in conflict with that section. SECTION 3. This Act takes effect September L 1995. SECTION 4. The importance of this legislation and the crowded condition of the calendars in both houses create an emergency and an imperative public necessity that the constitutional rule requiring bilis to be read on three several days in each house be suspended, and this rule is hereby suspended. President of the Senate Speaker of the House I hereby certify that S.B. No. 1688 passed the Senate on May 8, 1995, by a vivavoce vote. 5 _,ttachment 2 Secretary of the Senate I hereby certify that S.B. No. 1688 passed the House on May 19, 1995, by a nonrecord vote. Chief Clerk of the House ..pproved: Date Governor AGENDA MEMORANDUM Subject: Padre Island Seawall Project Date: December 13, 1996 AGENDA ITEM: Resolution authorizing the execution of a Sale and Purchase Agreement with Asset Development Corporation for the acquisition of certain property along the seawall on Padre Island for public parking and related public uses, including the acquisition of a public roadway easement and pedestrian noncommercial easement related thereto; establishing a Seawall Parking Acquisition Account for the accumulation of the purchase price; and authorizing the City Engineer to record certain findings in compliance with section 61.017(c) of the Texas Natural Resources Code. BACKGROUND INFORMATION: The seawall on Padre Island extends some 4152.9 feet parallel to the gulf beach. This seawall which was constructed in the late 1960's protects not only several condominium complexes and the Holiday Inn -Padre island which are located adjacent thereto, but also provides significant protection for targe portions of the Padre Isles Subdivision. In the early 1970's, court action was instituted by the State of Texas against the seawall and the developers of the Padre Isles Subdivision in an attempt to force the removal of the seawall. After lengthy legal maneuvering and extensive negotiation, a judgement was entered in the 28th Judicial District Court in Nueces County in 1974 which affirmed the right of the seawall to remain in place. Included within that judgement was a ruling that the public beach would be at least 200' wide extending to at least to the toe of the seawall (at that time, the beach in front of the seawall was some 400 feet wide). Over the years, there have been changes in beach conditions with the beach significantly narrowing in front of the seawall. These beach changes, together with the somewhat ambiguous wording of the 1974 court judgment, has led to uncertainty regarding the proper boundary of the public beach and easement in the area of the seawall. This uncertainty concerning the extent of the beach easement has virtually stopped all development on the seawall, therefore drastically reducing the appraisal roll values of the property behind the seawall. Over the last four years, City staff has worked both formally and informally with a number of individuals and groups including seawall owners, the Wave Riders, the League of Women Voters, and the Coastal Bend Sierra Club, as well as the Attomey General's Office and our local legislative delegation in attempting to obtain some resolution to both more formally allow beach access as well as to allow development along the seawall. As a result of these efforts, the Texas Legislature enacted Senate Bill 1688 during the 1995 legislative session. This bill created Section 61.017 (c) of the Texas Natural Resources Code, which allows cities such as Corpus Christi a 7 Attachment 3 procedure to clarify land title access conceming seawalls (see attached Exhibit 1). This legislation defines the public beach easement as ending at the seaward side of the seawall provided the following: (1) a perpetual public easement has been granted allowing a pedestrian noncommercial use along and over the entire length of the seawall and adjacent sidewalk. (2) an area to be used for public parking adjacent to the seawall has been granted to the public which contains sufficient acreage to provide at least one parking space for each 15 lineal feet of the seawall and has frontage on the seawall for at least 300 lineal feet. (3) a permanent roadway easement within 1000 feet of each end of the seawall allowing vehicular access to the, beach. Since passage of the new legislation, City staff has worked with the property owners as well as the above mentioned three interest groups and has now reached consensus on moving forward. The property owners along the seawall have agreed to assess themselves to provide funds to the City to acquire a tract of land containing approximately 151,000 sq. feet running from the seawall west to Windward Drive (see attached Exhibit 2). Asset Development Corporation, together with other property owners along the seawall have agreed to provide the property for $450,000 which is significantly below the normal asking price for property along the seawall. The public interest groups have reviewed the location and have concurred in writing (see attached three letters included as Exhibit 3). CURRENT PROPOSAL: The legislative initiative passed in 1995 requires compliance by December 31, 1996 in order to be effective. Therefore, we have negotiated an agreement with Asset Development Corporation, as follows: 1. Sale and Purchase Agreement: Asset Development Corporation will sell to the City the parking lot tract (Lots 13,14, and 15, Block 45, Padre Isles -Corpus Christi Section A) for $450,000, with closing on or before December 30, 1996. At closing, the City will be entitled to a credit equal to the amount of the assessment and payable by Asset Development Corporation. The remainder of the sales price shall be payable by the City when and if there is a determination by the Attorney General's Office, State Legislature, court of competent jurisdiction or other applicable authority that the title uncertainties explained above have been resolved in a manner satisfactory to the City and Asset Development Corporation. In addition, the sale can be canceled and reversed at the option of the City should the seawall property owners not adequately assess themselves for the total cost of the acquisition plus any related costs and interest. In negotiations with the seawall owners, some will be paying their total assessment based on a per lineal foot in cash up -front, while others will be paying their assessment over five years at 8% interest. 8 In addition, Asset Development Corporation will provide a permanent roadway easement to the City at the north end of the seawall. (Whitecap Boulevard already exists at the south end of the seawall and together with the new roadway easement at the north end will satisfy that portion of _the. Slate_ legislation.) The seawall owners are in the process of amending the seawall covenants which will provide the dedicated public easement along the seawall to satisfy the Legislature as well provide for the definitive assessments to provide final funding for the land acquisition. In essence, the resolution before the City Council allows compliance with State law, while at the same time providing time for the settlement to be examined by all of the cognizant authorities to determine its full compliance with the statute and time for the property owners to provide ironclad funding of the acquisition price to the City. In addition, the statutory requirement for the pedestrian easement along the seawall and the roadway easements are also accomplished. CONCLUSION AND RECOMMENDATION: While staff has worked with the property owners, the various interest groups, the Attorney General's Office and our local legislative delegation for a number of years, we believe that we have now reached a consensus and a procedure which accommodates all of the stated interests and meets the State enabling statute. We solicit Council's approval of this rather complicated undertaking with the understanding that upon confirmation that the procedure fully meets the statutory requirements and the funding easements are all executed, staff would bring the issue back to the Council for appropriation of the payment of the remaining sales price. This consensus settlement is a true win-win situation. Not only will the property owners be able to obtain full utilization of their property, but also the tax base of the City and the other jurisdictions will be substantially improved. Additionally, and very significantly, land will be provided to the public for a substantial parking facility at the seawall for public utilization of not only the seawall but also the beach area at the seawall. Attached is a copy of the documents. 9 W. Thomas Utter FILE 74 95 fdM111 w'at� Al AN ACT S.B. No. 1688 1 relating to the establishment of the lime of vegetation along the 2 3 4 5 6 7 6 9 10 11 17 :3 :4 15 16 Gulf of Mexico where a natural vegetation line does not exist. BE IT ENACTED. BY THE SECTION 1. S amended by adding (c)(1) i �n• .• constructed i. `'u before 1970 a ca 4,�iy in •� than 11 feet b••e ,•n ldw t e vegetation fordis.. • . rasa t •-di 4,500 Eeet, the 1,Xneo ve• £ ii i ''q%,44-4.' +no . seawall for the di nce+ma '4111=Zrfhe,,Sear to December 31, 1996:N"....„,,_ (A) a perpetual easement favor of the public affordlna pedestrian, OF THE STATE OF TEXAS: 1 Resources Code, is flows: seawall structure ture of one design igbt of not Less he natural Line of t nor areater than tseaward side of the provided that prior has been Granted in noncommercial use along and over the entire length of the seawall and adjacent sidewalk by the general public; :8 {8) Cee title to the surface estate to an area i9 For public parking and other public uses adjacent to the seawall has been conveyed to and accented by a public entity, which area 2: contains sufficient acreaoe 22 For each i5 __near feet to provide at Least one •arkino Space '7C _he seawai'_, ..s located within The 23 center one-third of the lenath of the seawall, and has frontage on Exhibit 1 10 I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 10 19 20 71 22 23 24 25 the seawall for at least 300 linear feet; and S.B. No. 1681 permanent roadway easements exist withir 1,000 feet of each end of the_.seawall affording vehicular acres( from the nearest public road to the beach. (2) this subsection A linea oC� ifln`a established as described it te shaLd�oe a.UwaCdl4b radary of the public beact and of the public submerged land of Texas. SECTION 61.017, Nature the landward easement in any Subsection ic), Sec this Act, including t conveyance of the public to December 31, 1996. Fee title to all \remain in the Stat( ction (c), Sectior Act, establisher and of the public ances described it rtes Code, as added b1 he public easement and th( parking and use area, are completed prio( Any court 'udament in effect prior to th( effective date of this Act regarding circumstances described Subsection c), Section 61.017, Natural Resources Code, as this Act, Is modified by that section judgments in conflict with that section. SECTION 3. This Act takes it added b to the extent that th( effect September 1, i995. SECTION 4. The Importance of this legislation and th( crowded condi:lon of :he calendars both houses create at emercency and an Imperative public necessity that th( 11 S.B. No. 1688 1 constitutional rule requtrinq bills to be read > on three several 2 days in each house be suspended, and this rule is hereby suspended. President of the Senates Speaker of the House I hereby cec8 passed the Senate on May 8, 1995, by a I hereby May i9, 1995, b Approves: Date 12 of the Senate d the House on Ciera the souse 13 1 i 0 a chi Exhibit 2 COASTAL BEND 1 E R R A ( l `1v l3 P.O. Box 3512, Corpus Christi, Texas 78404 September 9, 1996 Mr. Tom Utter City Hall 1201 Leopard Corpus Christi, TX 78401 Dear Mr. Utter: This letter is to confirm our verbally expressed position on the proposed parking facility abutting the seawall on north Padre Island. We have no objections to the positioning on this parking facility as currently proposed and have so informed Senator Truants office. We continue to be concerned about the provisions which we feel need to be made for the physically challenged. Sincerel Patricia H. Suter, Chairman 14 Exhibit 3 League of 'Women Voters June 29, 1996 Dear Mr. Utter, Ccuaus Christi, 1X SU' ti 1996 1 am wilting to response to your proposal concerning the changes in paridng and public access to the Padre Island beach near the seawall as outlined in your June 10 letter to Pauline Clarke (copy edlached). The league of Women Voters -Corpus Christi Board of Directors has reached consensus, concurring with the City's proposal as an acceptable solution to the cont ems of public access to the beach in question_ Specifically, the board concurs with the following provisions of the proposal- o property owners...to dedicate to the city a tract of land o property owners will provide a permanent dedicated roadway easement to the north of the seawall to replace the current 90 -day revocable easement, and • property owners will provide a permanent pedestrian easement covering the seawall. Should the Attorney General's Office find that the paridng lot location meets the intend of the statute, the League of Women Voters -Corpus Christi will hold no objections to the project Please call me If you are in need of further input. Thank you far thinking of our organization. Sincerely, Donna J. Strong, president League of Women Voters - Corpus Christi 1237 Cambridge Dr_ Corpus Ctristl, TX 78404 886-1246 (w), 851-0596 (h), 816-5102 (mobile) 15 A DYLfllDfflS 3301 San Antonio Street, Corpus Christi, Texas 78411 October 24, 1996 Mr Tom Utter Assistant City Manager City of Corpus Christi P. O. Box 9277 Corpus Christi, Texas 78469-9277 Dear Mr. Utter: OCT 2 1996 Wave -Riders has reviewed your revised documents regarding the proposed public parking facility. We have no objections to the location proposed, and we are satisfied that this location can meet the minimum parking requirements of 280 parking spaces. We expect that City staff will develop the plan to include adequate public amenities, that these improvements will be attractive, and that they will be constructed in accordance with City landscape ordinance requirements. Sincerely, ,%Aikruic Patrick McGloin Member, Wave -Riders 16 DAN MORALES ATT(1RNf Y GENERAL Office of tfje ittornep *tate of 4Gexag February 25, 1997 The Honorable Carlos F. Truan Chair, International Relations, Trade and Technology Texas State Senate P.O. Box 12068 Austin, Texas 78711-2068 Dear Senator Truan: enerat You ask whether a recent conveyance to the City of Corpus Christi complies with the terms of Senate Bill 1688, Acts 1995, 74th Leg., ch. 593, at 3424-25. That statute defines "the line of vegetation [as] along the seaward side of the seawall for the distance marked by the seawall," provided that certain conditions have been met. Among those conditions is the requirement that fee title to the surface estate to an area for public parking have been conveyed to and accepted by the public entity, and that the parking area be " located within the center one-third of the length of the seawall." Whether the statutory conditions have been satisfied is a question of fact. As the "public entity" to which the conveyance was made, however, the City of Corpus Christi must make the initial determination, subject ultimately to judicial review, that the conveyance complied with the teens of the statute. In our opinion, the city may reasonably conclude that substantial compliance with the "one-third" requirement is sufficient to fulfill the statutory parking area conditions. Please let us know if we may be of further assistance. Very truly yours, Sarah J. Shirley Chair, Opinion Committee SJS/IRG/mc Ref. ID# 39415 51Z/463 -Z100 17 AUSTIN. TEXAS 78711-2548 SENATOR CARLOS F. TITUAN District 20 ;apitol Office Room 1#IE.14 P U Box 12068 Austin,. Texas 78711 2068 ;512) 463-0120 FAX. (512) 4630326 TDD (512) 4753758 (�I�r rtuatr of the tttte of ` r.xas ustin 787 1 1 Mr. Scott Joslin Office of the Attorney General Clements State Office Building, 14th Floor Austin, Texas 78701 PRESIDENT PRO TEM 1985-1986 DEAN OF THE SENATE 1995 February 10, 1997 SENATE COMMITTEES CHAIRMAN International Relations, Trade & Technology CHAIRMAN Subcommittee on Water VICE CHAIRMAN Natural Resources MEMBER H9nana Health & Human Services Administration Legislative and Congressional FILE #ss1-22:tN'e `9 I.D. RE: preliminary assessment of compliance with SB 1688 (74th Legislature) Dear Scott 'This is to ask you to seek an informal evaluation from the Opinions Committee as well as the Natural Resources Division as to whether the conditions of SB 1688 have been met for the purpose of securing title to property behind the Corpus Christi seawall. There seem to be three choices. If a formal opinion is likely to find that the conditions have not been met, a new bill will need to be filed. Utile conditions have been met, then either a formal opinion will be needed or not, depending on how confident your office feels about what should be done to secure a final resolution to this matter. Title to the land behind the Corpus Christi seawall had been clouded due to a conflict with the State (represented by the Attorney General) over the boundary of the public beach and the construction of the seawall. In 1995, Senator Truan sponsored SB 1688 to resolve this situation which had not only compromised the financial position of the landowners, but had also prevented acquisition of public assess and public easements to the beach in front of the seawall. SB 1688 set certain conditions that would have to be met by December 31, 1996 in order to settle the title issue. These included granting the public a permanent pedestrian easement to the top and front of the seawall, a roadway easement on the north end of the seawall, and land for a public parking lot (sufficient for 300 vehicles) in the middle third of the seawall. The enclosed documentation attests to fulfillment of all of the conditions except for one. Although the acreage for the parking lot overlaps the middle one third of the seawall substantially, it is not entirely within that boundary. The question is whether the the location of the parking lot is sufficient to satisfy the condition set out in SB 1688 without additional clarifying legislation, and whether an official AG's opinion is needed to confirm this. Vick Hines, Legislative Aide to Carlos F. Truan Attachment Second Amendment to Protective Coventants..., et seq. 4531 Ayers Street. Sude 402 P.O Box 7309 Corpus Chdsh, Texas 18467-7309 (512) 853-2693 FAX (512) 85'4415 DISTRICTQFFlCES 124 North St. Marys. Room 2 PO. Box 476 Tattun;as, Texas 79355 512') 325-9285 115. -wo 18 100 East Cara, 2nd Floor Atrium Ediatiurg, Texas 78539 (210) 301.5627 FAX: (210) 301-8354 AN ORDINANCE ESTABLISHING SEAWALL PARKING LOT ACQUISITION TRUST ACCOUNT NO. 111-243.91 IN THE NO. 111 TRUST FUND; AMENDING ORDINANCE NO. 022993 WHICH ADOPTED THE FY 97-98 BUDGET BY ADDING $471,304.11 TO THE NO. 111 TRUST FUND, SUCH AMOUNT CONSISTING OF S282,750 CASH FROM SEAWALL PROPERTY OWNERS, A $145,000 LOAN FROM THE CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION, AND A $49,105 RECEIVABLE FROM THE GENERAL FUND; APPROPRIATING S471,304 FROM THE NO. 111 TRUST FUND FOR THE PURCHASE OF LOTS 13, 14, AND 15, BLOCK 45, PADRE ISLAND -CORPUS CHRISTI SECTION A, A SUBDIVISION OF THE CITY OF CORPUS CHRISTI, AS SHOWN BY MAP OR PLAT THEREOF, RECORDED IN VOLUME 33, PAGES 97-99 OF THE MAP RECORDS OF NUECES COUNTY, TEXAS FOR THE PURCHASE PRICE OF $450,000, PLUS ACCRUED INTEREST AT 8% FROM DECEMBER 29, 1996 TO JULY 31, 1997; PROVIDING FOR SEVERANCE; AND DECLARING AN EMERGENCY. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That there is hereby established a Seawall Parking Lot Acquisition Trust Account Number 111-243.91 in the No. 111 Trust Fund. SECTION 2. That there is hereby amended Ordinance 022993, which adopted the FY 1997-98 budget, by adding Four Hundred Seventy One Thousand Three Hundred Four Dollars $471,304) to the No. 111 Trust Fund, such funds being composed of $282,750 cash from the seawall property owners, a loan of $145,000 from the Corpus Christi Community improvement Corporation Special Projects Fund. and a receivable of $49,105 from the General Fund. SECTION 3. That there is hereby appropriated Four Hundred Seventy One Thousand Three Hundred Four Dollars ($471,304) in the No. 111 Trust Fund for the purchase of Lots 13, 14, and 15, Block 45, Padre Island -Corpus Christi Section A, a subdivision of the City of Corpus Christi, as shown by map or plat thereof, recorded in Volume 33, Pages 97-99 of the Map Records of Nueces County, Texas for the purchase price of $450,000 plus accrued interest at 8% from December 9,1996. SECTION 4. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance for it is the definite intent of this City council that every section, paragraph, subdivision. clause, phrase, word or provision hereof be given full force and effect for its purpose_ 97N112850.5(01 19 SECTION 5. That upon written request of the Mayor or five Council members, copy attached, to find and declare an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs, such finding of an emergency is made and declared requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance i passed and shall take effect upon first reading as an emergency measure this the /17th day of , 1997. ATTEST i 1 `/ City Secretary THE CITY OF CORPUS CHRISTI YOR THE CITY OF CORPUS CHRISTI APPROVED THIS THE 8TH DAY OF AUGUST, 1997. JAMES R. BRAY JR., CITY ATTORNEY orbert J. Hart, 97N112850 508 ssistant City Atto 20 us t hrist . 1 exas TO THE MEMBERS OF THE CITY COUNCIL ('orpus 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: Uwe, 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, THE CITY OF CORPUS CHRISTI ouncil Members The above ordinance was passed by the following vote: Loyd Neal Jairne Capelo Melody Cooper Alex L. Garcia, Jr. Arnold Gonzales Betty Jean Longoria John Longoria Edward A. Martin Dr. David McNichols 97NH2850.508 21 3 THE STATE OF TEXAS COUNTY OF NUECES ROADWAY EASEMENT' § KNOW ALL PERSONS BY THESE PRESENTS: 1 That, ASSET DEVELOPMENT CORPORATION, a Texas corporation, as Grantor, for and in consideration of the sum of TEN DOLLARS ($10.00) cash, and other good and valuable consideration in hand paid to Grantor, the receipt and sufficiency of which is hereby acknowledged, has GRANTED, SOLD and CONVEYED, and by these presents does hereby GRANT, SELL and CONVEY unto the CITY OF CORPUS CHRISTI, TEXAS, a municipal corporation duly incorporated under and by virtue of the laws of the State of Texas, its successors and its assigns, the free and uninterrupted use, liberty, privilege, and easement and right-of-way for going on, over, and along a certain tract of land situated in Nueces County, Texas, being described as follows: The land described by metes and bounds attached hereto and made a part hereof as "Exhibit A" and described in that map showing the location of the roadway easement attached hereto and made a part hereof for all purposes as "Exhibit B"; Together with the free ingress, egress, and regress to and for the City of Corpus Christi, Texas, for the purpose of constructing and maintaining a public roadway. TO HAVE AND TO HOLD, all and singular, the rights and privileges aforesaid to the City of Corpus Christi, Texas, its successors and legal representatives, for the proper use as a public roadway easement and right-of-way for so long as used for such purposes. Grantor reserves the right to relocate the aforesaid public roadway easement and right-of- way to other land owned by Grantor within one thousand (1,000) feet of the north end of the Seawall more particularly described on "Exhibit C" attached hereto. Upon the grant of such easement, this Pavement shall terminate and all rights hereunder shall revert to Grantor, and its successors and assigns. In the event an improved roadway shall have been constructed on this easement and right-of-way at the time of such relocation, Grantor shall be responsible for replacing said improved roadway at the new easement location as a condition of such relocation of this easement. This easement is being made pursuant to and for the purposes of compliance with Section 61.017(c) of the Texas Natural Resources Code, Chapter 593, Acts of the 74th Legislature, Regular Session, 1995. Executed this 9lday of December, 1996. 96-363 12-17-96 022794 Asset Development Coro. 22 ASSET DE 1. 1 CORPORATION By: C. Bert Williams Chairman ACCEPTED by the City of Corpus Christi, Texas, a municipal corporation of the State of Texas, this 7 day of December, 1996. n,+E ,,.. (1.'' , 4 ;'NOO C>•1APA CITY SEC ETApy STATE OF TEXAS COUNTY OF NUECES § § § CITY OF CORPUS CHRISTI, TEXAS BY: This instrument was acknowledged before on this day of December, 1996, by C. Bert Williams, the Chairman, of ASSET DEVELOPMENT CORPORATION, a Texas corporation, on behalf of said corporation. .a`''� NANCY BLUMBERG att NOTARY PUBLIC . . State of Texas +trill Comm. Esp. 09-11-2000 STATE OF TEXAS COUNTY OF NUECES .A_ § Notary Public, . to of Texas This instrument was acknowledged before on thist I day of December, 1996, by Bill Hennings, City Manager, of the City of Corpus Christi, a municipal corporation, on behalf of said municipal corporation. Grantee's address: P.O. Box 9277 Corpus Christi, Texas 78469-9277 Approved as to form: James R. Bray, Jr. City Attorney By, At.A. .— . QL¢ow�" Alison G�llhway, Assistant City Attorney F:1111L12.96 IItOAD.33 -11 1 23 AUTHORIZEU dY COUNCIL ..J.aI1.zJ1.4.— cP RETARY EXHIBIT, A STATE OF TEXAS COUNTY OF NUECES BEING A 0.437 ACRE TRACT OF LAND OUT OF THE BLUCHER AND NAISMITH SURVEY, A MAP OF WHICH IS RECORDED IN VOLUME 4, PAGE 59, OF 1'Hl; MISCELLANEOUS MAP RECORDS OF NUECES COUNTY, TEXAS AND BEING OUT OF THAT CERTAIN TRACT OF LAND ( PARENT TRACT) DESCRIBED IN VOLUME 1694, PAGES 685-687, OF 1HF, DEED RECORDS OF NUECES COUNTY, TEXAS, THIS TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS; Beginning at a point on the northeast right-of-way line of a 100.00 foot wide road, known as St. Bartholomew Avenue, for the most westerly south corner of this tract, from which point the intersection of said northeast right-of-way line of St. Bartholomew Avenue with the southeast right- of-way line of another 100.00 foot wide road, known as Windward Drive, bears South 73° 52' 58" East, with said northeast right-of-way line, a distance of 188.29 feet; Thence, North 73° 52' 58" West, with said northeast right-of-way line of St. Bartholomew Avenue, a distance of 50.00 feet, to a point, for the west corner of this tract; Thence, North 16° 07' 02" East, a distance of 89.00 feet, to a point, for a corner of this tract, same point being the point of curvature of a circular curve to the right, which curve has a central angle of 98' 46' 28", a radius of 80.43 feet, a tangent distance of 93.80 feet and an arc length of 138.66 feet; Thence, with said curve to the right, in a northeasterly direction, an arc distance of 138.66 feet, to a point for a corner of this tract; Thence, South 65° 06' 30" East, a distance of 196.28 feet, to a point, on the common boundary line of aforementioned parent tract and a tract of land owned by the State of Texas, for the east corner of this tract; Thence, South 24° 57' 02" West, with said common boundary line of the parent tract and the State of Texas tract, a distance of 50.00 feet, to a point, for the most easterly south corner of this tract; Thence, North 65° 06' 30" West, a distance of 196.22 feet, to a point, for a corner of this tract, same point being the point of curvature of a circular curve to the left, which curve has a central angle of 98° 46' 28", a radius of 30.43 feet, a tangent distance of 35.49 feet and an arc length of 52.46 feet; Thence, with said curve to the left, in a southwesterly direction, an arc distance of 52.46 feet, to a point, for a corner of this tract; Thence, South 16° 07' 02" West, a distance of 89.00 feet, to the PLACE OF BEGINNING and containing 0.437 of an acre of land. 24 4. tL De ve 1 opmet EXHIBITB Curve Data t Corp. V'ol. 1694. Pgs 685-687 N'. 'D.ft 2� 000 �l ) A = 98°46'28' R = .30.43' T = 35.49' L = 5246' 0 o, 00 0 < =s ' \ sti0 ° 4 05 o\ 4. 4. \ 0.e. v $ 4-N rte„ 0.\ // r s\ k g ..:51. / \ �• ,.02 N A \,�0\52 \ \%:\ \ \'O N`1 7 / 4t / \-"c,'r 11-\ / >9 " a / < / \ ��t / \ / \ / \ IA \ \ Vol. 49, Pgs. 20-21 N.C.MR \ / \ \ / \ /'( /\ / A = 98 °46'28" R = 80.43' T = 93.80' L = 138.66' State of Texas \ / \ 2 \\ // \ j B1 ock\ 45 \ \ \ / o Padre Island -Corpus Christi \ / \ / Section A / \\ //e‘ Vol 33, Pgs. 97-99 N.C.M.R. / 6-0 0 00 1Z0 Scale In Feet Being a 0.437 acre tract of land out of the Blucher and Naismith Survey, a map of which is recorded in Volume 4, Page 59 of the Miscellaneous Map Records of Nueccs County. Texas and being out of that certain tract of land described in Volume 1694, Pages 685-687 cf. the Deed Records of Nueces 25 CITY of CORPUS CHRISTI, TEXAS Department of Engineering Services Scrvey Division Date no.r• By �r� 1 Wig 1111111 NMI ■ ■ 1 oarlavanw ti 1 1 i 1 THE STATE OF TEXAS COUNTY OF NUECES DOC# 1996049597('• / SPECIAL WARRANTY DEED KNOW ALL PERSONS BY THESE PRESENTS: That, ASSET DEVELOPMENT CORPORATION, a Texas corporation, as Grantor, for and in consideration of the sum of TEN DOLLARS ($10.00) cash, and other good and valuable consideration in hand paid to Grantor, the receipt and sufficiency of which is hereby acknowledged, has GRANTED, SOLD and CONVEYED, and by these presents does hereby GRANT, SELL and CONVEY unto the CITY OF CORPUS CHRISTI, TEXAS, a municipal corporation duly incorporated under and by virtue of the laws of the State of Texas, its successors and its assigns, that certain tract of land situated in Nueces County, Texas, being described as follows: THE SURFACE ESTATE ONLY in and to Lots Thirteen (13), Fourteen (14) and Fifteen (15), Block Forty -Five (45) PADRE ISLAND -CORPUS CHRISTI SECTION A, a Subdivision of the City of Corpus Christi, Texas, as shown by map or plat thereof recorded at Volume 33, Pages 97-99, of the Map Records of Nueces County, Texas. SUBJECT TO, in any event, the restriction that the above property shall be used for public parking and other public uses only. Together with all and singular the rights and appurtenances thereto in any wise belonging, to have and to hold it to Grantee, Grantee's successors and assigns for so long as such property is used as required herein. Grantor binds Grantor and Grantors' successors to specially warrant and forever defend all and singular the Property to Grantee and Grantee's successors and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof, by, through, or under it, but not otherwise. This conveyance is subject to the following matters to the extent that such are presently in force and effect and affect the Property: (1) All easements, rights-of-way and restrictive covenants, if any, of record with the County Clerk of the County in which the Property is located; (2) All minerals not the subject of any prior reservation or conveyance are reserved to Grantor. This conveyance is being made pursuant to and for the purposes of compliance with Section 61.017(c) of the Texas Natural Resources Code, Chapter 593, Acts of the 74th Legislature, Regular Session, 1995. Executed this 30" -day of December, 1996. 27 ASSET DEVE By: C. Bert Williams Chairman NT CORPORATION ACCEPTED by the City of Corpus Christi, Texas, a municipal corporation of the State of Texas, this � -, day of December, 1996. CITY OF CORPUS CHRISTI, TEXAS BY: x�iL�.�� AT Bill Hennings, City Mager A9?,AND0 G-APAQ CITY SECRETARY STATE OF TEXAS COUNTY OF NUECES § .- § This instrument was acknowledged before on this day of December, 1996, by C. Bert Williams, the Chairman, of ASSET DEVELOPMENT CORPORATION, a Texas corporation, on behalf of said corporation. `,Ar�tc NANCY BLUMBERG NOTARY PUBLIC +* State of Texas Comm. Esp. 09-11-2000 STATE OF TEXAS COUNTY OF NUECES ��G%yam Notary Publ',f, State of Texas G This instrument was acknowledged before on thiol day of December, 1996, by Bill Hennings, City Manager, of the City of Corpus Christi, a municipal corporation, on behalf of said municipal corporation. Grantee's address: P.O. Box 9277 Corpus Christi, Texas 78469-9277 Approved as to form: James R. Bray, Jr. City Attorney By Alison Ga laway, Assistant City Attorney xi I V12.96 \DEEDSEA.335-11 28 y Y.........'AUTHORIZEL 6Y counisi�f .�(z -.�� C:eS.CTApv STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before on this 31 '%"day of December, 1996, by Saundra K. Koenning, Assistant City Secretary, and Alison Gallaway, Assistant City Attorney, of the City of Corpus Christi, a municipal corporation, on behalf of said municipal corporation. JOHN 0. BELL Notary Public State of Texas My Comm. Exp. 4-9-97 Tocanko 111-k Co . goa 1v CoaartsAwa .000 Ccs th s , 9zLtclo 29 Public, State of Texas Doc# 1996049597 # Pages: 3 Date : 12-31-1996 Time : 01:59:58 P.M. Filed & Recorded in Official Records of NUECES County, TX. ERNEST M. BRIONES COUNTY CLERK Rec. $ 13.00 EXHIBIT B All terms, provisions and conditions contained in Judgment entered July 29, 1974, in Suit No. 115344-A, Styled: The State of Texas, et al vs. Padre Island Investment corporation, a certified copy of which is recorded in Volume 1501, Page 919, Deed Records of Nueces County, Texas. 2. All terms, conditions and stipulations of Annexation ordinance dated October 7, 1981, filed July 25, 1985, from The City of Corpus Christi, Texas to The Public, recorded under_ Clerk's File No. 444164, Volume 1973, Page 398, Deed Records of Nueces County, Texas. All terms, conditions and stipulations of Padre Island Corpus Christi Seawall and Revetment Location Map as shown by Exhibit to Affidavit dated October 5, 1971, from Padre Island Investment Corporation to The Public, recorded under clerk's File No. 861957, Volume 1413, Page 37, Deed of Records of Nueces County, Texas. 4. Any and all assessments, both current or delinquent, which may be due and payable to Padre Island Property Owner's Association. (Affects all Tracts) F A 111LTR 12.96uXHIB n'E .347-15 30 • • DOCK 1996049599 SECOND AMENDMENT TO PROTECTIVE COVENANTS AND LANDOWNER'S AGREEMENT PADRE ISLAND - CORPUS CHRISTI, SECTION A STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES WHEREAS, by instrument entitled "Protective Covenants and Landowner's Agreement Padre Island - Corpus Christi, Section A" dated December 20, 1967, recorded in Volume 1258, Page 215 of the Deed Records of Nueces County, Texas (the "Protective Covenants"), Padre Island Investment Corporation, as Declarant, imposed certain restrictions upon the use of the land therein described (the "Subdivision"); and WHEREAS, the undersigned constitute the owners of the legal title to more than fifty-one percent (51 %) of the surface area of the Subdivision, as shown on the records of Nueces County, Texas; and WHEREAS, the Padre Island Property Owner's Association, Inc. (the "Association") remains as the entity possessing the duties of Trustee under the original Protective Covenants; and WHEREAS, the owners of the legal title to mare than fifty-one percent (51 %) of the surface area of the Subdivision previously adopted that "First Amendment to Protective Covenants and Landowner's Agreement Padre Island - Corpus Christi, Section A" dated August 11, 1983, and recorded in Volume 1893, Page 1025 of the Deed Records of Nueces County, Texas (the "First Amendment"); and WHEREAS, it is the intent and desire of the owners to amend Article III and Article VI of the Protective Covenants, as amended by the First Amendment, as herein set forth; NOW, THEREFORE, THE UNDERSIGNED HEREBY AMEND THE PROTECTIVE COVENANTS AS FOLLOWS: Section 1. Allow Parking Use. Article III concerning "General Land Use" is amended to add a new Section 15 to said Article to provide as follows: 15. Notwithstanding anything herein to the contrary, for so long as Lots Thirteen (13), Fourteen (14) and Fifteen (15), of Block Forty -Five (45) in the Subdivision are owned by a governmental entity, such Seawall Tracts may be used exclusively for public parking and other public uses in compliance with the terms and conditions of the Texas Natural Resources Code and applicable local laws. 31 • • Section 2. Assessments and Pedestrian Easement. Article VI of the Protective Covenants, as amended by the First Amendment, is hereby amended to renumber the existing Section 8 as stated in the First Amendment as new Section 11 and insert the following Sections: 8. In order to provide and establish a one-time assessment and fund for the preservation and protection of the seawall and the Seawall Tracts, there is hereby imposed upon each Seawall Tract a Seawall Parking Lot Acquisition Fee. The total amount of the Seawall Parking Lot Acquisition Fees from all owners of Seawall Tracts shall be $450,000.00 and shall be assessed on a one-time basis on the date set by the Seawall Committee. The assessment shall be borne by the owners of each Seawall Tract as of December 29, 1996, in the ratio that the front footage of each such owner's tract bears to the aggregate front footage of the tracts of all owners subject to such assessment. The purpose of the assessment shall be to assist the City of Corpus Christi (the "City") in acquiring a public parking facility as required under Section 61.017(c) of the Texas Natural Resources Code, Chapter 593, Acts of the 74th Legislature, Regular Session, 1995, in order to comply with the requirements therein to clear title to the seawall and Seawall Tracts. For the purpose of calculation of the assessment, the three hundred (300) lineal feet of front footage of the Seawall Tract comprising the property being sold to the City shall be excluded. The Seawall Committee shall determine, in its sole discretion, the time at which the assessment shall be made, and the assessments shall be made and paid to the Association within twenty (20) days following notification by the Committee. As an alternative to payment of the assessment in a lump sum, the assessment may be payable on an installment basis upon the execution of a note in the principal amount of the assessment payable to the order of the Association providing for interest at the rate of 8% per annum and equal monthly installments amortizing the total assessment, including interest, over a period of five (5) years. Said note shall further be secured by the liens provided in Section 5 hereof as restated in a Deed of Trust in favor of the Association and executed in a form acceptable to the City. Within twenty-five (25) days following the date of notification of the assessment, the Association shall transfer all assessments collected and transfer any notes and the liens securing same to the City, such funds to be deposited in the City's Seawall Parking Lot Acquisition Account. Notwithstanding anything herein to the contrary, any Seawall Tract owned by a governmental entity shall not be subject to assessments for the Seawall Maintenance Fund or the Additional Maintenance Fees as provided herein. Such governmental entity, as the owner of a Seawall Tract, shall not be entitled to appoint a representative to the Seawall Committee provided above or have any vote in the determination of the need or the amount of any assessment for the Seawall Maintenance Fund or any Additional Maintenance Fees. For the purposes of calculating proportionate expenses for any such assessments and voting rights on the Seawall Committee, the lineal feet of seawall located on the Seawall Tract owned by such governmental entity and the surface area of such Seawall Tract shall be excluded from the determination of percentages. 32 • • 10. In order to resolve questions of title to the lands occupied by the seawall due to interpretation of the court judgment in Cause #115,340-A styled The State of Texas. et al vs. Padre Island Investment Corporation entered in 1974 in the 28th Judicial District Court of Nueces County, Texas and changes in beach conditions and to comply with the requirements under Section 61.017(c) of the Texas Natural Resources Code, Chapter 593, Acts of the 74th Legislature, Regular Session, 1995, in order to clear title to the seawall and Seawall Tracts, a perpetual easement affording pedestrian, noncommercial use shall exist along and over the entire length of the seawall and adjacent sidewalk, and the owners of each Seawall Tract hereby CONFIRM, GRANT and CONVEY to the City of Corpus Christi for the benefit of the general public an easement for such limited use. Section 3. Termination of this Amendment. The terms and conditions of this Second Amendment shall continue for so long as Lots Thirteen (13), Fourteen (14) and Fifteen (15), of Block Forty -Five (45) in the Subdivision are owned by the City of Corpus Christi or some other governmental entity. Upon the recordation of any conveyance of said Lots to any party which is not a governmental entity, this Second Amendment shall terminate and be of no further force or effect. Duly executed in multiple counterparts which collectively shall constitute one agreement amending the Protective Covenants as described above effective as of December 30, 1996. ASSET DEVELOPMENT CORPORATION By: Ref. Tracts C & D 886.96 lineal feet STATE OF TEXAS COUNTY OF NUECES Name: C 3E _T W/ (-1-44-11( Title: CNA -1 f2 ,fl f--✓ This instrument was acknowledged before o this -y of December, 1996, by C BcA.+ L 9 Leta , the DEVELOPMENT CORPORATION, a Texas corporation, on behalf of said corporation. , of ASSET r ert,%. PATSY Mt/TOILER t' MY COMMISSION EXPIRES February 13, 2001 F'1 I WORK.9612AMDPROT.348-11 33 Notary Public, State of Texas Ref. Lot 1-A 159.5 lineal feet STATE OF TEXAS COUNTY OF NUECES § § § EL CONSTANTE CONDOMINIUMS COUNCIL OF CO-OWNERS, INC. By: / This insjr�um�ent was acknowledged before t 2/2(5 W.�(:4p' , the /�: CONSTANTE CONDOMINIUMS COUNCIL OF on behal' of said coworation IRIS SAUCED° MY COMIAISSIOR DOMES April 8, 2000 Ref. Lot 2-5 400.12 lineal feet STATE OF TEXAS COUNTY OF NUECES § § Name: ' A'i r.EST 2.4 119-t Title: on thisao *qday of December, 1996, by < • PR ,e 4, ., s- , of EL CO-OWNERS, INC., a Texas corporation, 4_,v Notary Public, State of Texas GULFSTREAM COUNCIL OF CO- OWNERS, INC. By: Name: Title: This instrument was acknowledged before on this the GULFSTREAM COUNCIL OF CO-OWNERS, INC., a Texas corporation. F:111 \ WORK.9612AMD PROT 348-11 34 day of December, 1996, by , of corporation, on behalf of said Notary Public, State of Texas • LeC 1( j0 LJ;J'J • • EL CONSTANTS CONDOMINIUMS COUNCIL OF CO-OWN8RS, INC. By: DAC Lt1-A STATE OF TEXAS 4 4 COUNTY OF NuacEs 4 This instrument was acknowledged before , CONSTANTE CONDOMINIUMS COUNCIL OF on behalf of said ccepoiado . A.% La 2-5 400.12 lineal het STATE OF TEXAS COUNTY OP NNW TRAVIS 4 4 4 Name: 'tale: on this — day of December. l�by + EL CO-OWNERS, INC., a Texas eorporadoa, Notary Public, State of Texas GUIFSTRBAM COUNCIL OF CO- OWNERS, INC. By, Nth Albert F. Vickers Title: Pregydaut This instrument wu acknowledged before on this 18th day of December, 1996, by Albert F. Vickers _, the Presdiint , of OULFSTREAM COUNCIL OF CO-OWNERS, INC., a Texas corporation, on behalf of said corporation. to mmotsaonsaciftrsrrtt 4 35 JEAN H. MARTIN Notary Public, State of Texas Mt Caminbe txpku 444-98 10 Ref. Lot 6, 7 & N25' of 8 225.01 lineal feet STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged Rmo' D. n14-/w,,c4 , the HOLDING, INC., a Texas corporation, on Fttizzo, PATSY MUMMER MY COMASSION EXPIRES February 13, 2001 Ref. S75' of Lot 8, 9 and N75' of 10 250.01 lineal feet STATE OF TEXAS COUNTY OF NUECES FJM HOLDING, INC. § § beforeon this . diday of December, 1996, by �e-e'S i PE.r/T' of FJM behalf of said corporation. Notary Public,State of Texas 53-22 PARTNERSHIP By: JAGK SOLK4 Name: Y -a Title: C/ G-6N6/6oc Ma7.v&/ . This instrument was acknowledged before on this /9 Olay of December, 1996, by S O G fr'i9 , the 6 EN PAL p/4 2TN1.Gi of 53-22 PARTNERSHIP, a Texas general partnership, on behalf of said partnership. PATSY MUTCMLEfi MY COM.4SSlpl EXPIRES February 13, 2001 F Ii 1WORK.9612AMDPROT.348-11 36 Ref, Lot 16 & 17 200.02 lineal feet STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged de -i 7/ L1 , the COUNCIL OF CO-OWNERS, INC., a Texas corpofl PORTOFINO COUNCIL OF CO- OWNERS, INC. By: C i Name: $ro ' G✓niciltif Title: Gen e E� / Manic r re on this /9 y of December, 1996, by , of PORTOFINO behalf of said corporation. Ref. Lot 18, 19 and N50' of 20 250.01 lineal feet STATE OF TEXAS COUNTY OF NUECES § § Notary Public, S of Texas GULF COAST HOSPITALITY, INC. By: Name: Title: This instrument was acknowledged before on this ,t day of December, 1996, by of GULF COAST HOSPITALITY, INC., a Texas corporation, on behalf of said corporation: F:11 11WORK.9612AMDPROT.348-11 37 Notary Public, State of Texas Ref, Lot 16 & 17 200.02 lineal feet STATE OF TEXAS COUNTY OF NUECES § § § PORTOFINO COUNCIL OF CO- OWNERS, INC. By: Name: " sro Title: Gine oma/ Marc /A.),^7 Gt,71' This instrument was acknowledged before on t� .c5-C71-C71LU/tt , the /V" . a// COUNCIL OF CO-OWNERS, INC., a Texas corporatio Ref. Lot 18, 19 and N50` of 20 250.01 lineal feet STATE OF TEXAS COUNTY OF NUECES /7e:;4 aay of December, 1996, by , of PORTOFINO behalf of said corporation. Notary Public, S of Texas GULF COAST HOSP1T By: • !l. Title: , INC. This instrumentnnwas acknowledged before on3, c `ly of December, 1996, by eat/ I)4 7 EC , the !-t4_12d /7 -T of GULF COAST HOSPITALITY, INC., a Texas corporation, on behalf of said corrclration. PATSY MUTCHLER MV COMMISSION EXPIRES February 13, 2001 W ORK.9612 AMDPROT.148-11 38 Notary Public, S to of Texas • Joseph V. McCullough — William B. Miller PEDROTTI F PROPERTIES, LTD. By: 0 Daniel A. Pedrotti, General Partner BARIA FAMILY PROPERTIES, LTD. By: � »,. /vat tit, JQM. Baria, General Partner ;ri)IANA U. SMITH, CO -TRUSTEE, URI FAMILY: TRUST Ref. S50' of Lot 20, 21, 22 and Tract A-1, A-2 957.59 lineal feet STATE OF TEXAS COUNTY OF NUECES § This instrument was acknowledged before on this ago, day of December, 1996, by Joseph V. McCullough. DOVE J. PRICE 1 j•� Notary Pubic STATE OF TEXTS Ny Com Exp. Apra 19, 1991 STATE OF TEXAS COUNTY OF NUECES Notary Texas Public State of This instrument was acknowledged before on this a)day of December, 1996, by William B. Miller. DOVi:: J. PR:CE Notary Pubk STATE OFEXS My Ccrrm Exp. Aril 19. 1997 F:V 1 l \WORK.96\2AMDPROT.348-11 39 STATE OF TEXAS COUNTY OF NUECES § § § 1141,„ ,v Sy,,,jZ This instrument was acknowledged before on this day of December, 1996, by Joseph- s. -Uri, Trustee of the Uri Family Trust, in the capacity stated. STATE OF TEXAS COUNTY OF NUECES Notary Public, State of Texas This instrument was acknowledged before on this ,24s y of December, 1996, by o$ep/, 1314tgp , the --)eeweo-a4 -131-r41444-- , of BARIA FAMILY PROPERTIES, LTD., a Texas limited partnership, on behalf of said partnership. DOVIE J. PNCE• •4. ( iy ATP 4 1 / STATE E o OF TEYAS • l'h Comm Exp. Apri 19. 1997 STATE OF TEXAS COUNTY OF NUECES § § Notary Pu c, State of Texas VThis instrument was acknowledged,fore on this geqday of December, 1996, by tirn ; e l f t • J9E b to r7i , the'U a w e r v I frP2fsi - , of PEDROTTI FAMILY PROPERTIES, LTD., a Texas limited partnership, on behalf of said partnership. • DOME J. PRICE I F� Notary P.Cec STATE OF T9A,S \:4-Z_j My Corm Exp. Apni 19. 1997 F•\ 11 \WORK.96\2AMDPROT348-11 40 Notary Public tate of Texas • Rcf. Tract B 260 lineal feet STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged U X.i , the HOUSE COUNCIL OF CO-OWNERS, corporation. ELIZABETH SANCHEZ Notary IV' State c..1 Texas /\ My Commission Expires 05/05/97 P:111 \WORK.96\AMDPROT.348 11 ISLAND HOUSE COUNCIL OF CO- OWNERS, INC. Bv: _QI'� Name: Z e2To,1/41 Title: -�-� fore on this0d 'day of December, 1996, by , of LSLAND INC., a Texas corporation, on behalf of said NotaryRublic, State of Texas 41 GULFSHORES JOINT VENTURE By: Ref. Lot 1, Block 3 50 lineal feet STATE OF TEXAS COUNTY OF NUECES Name: Title: PX Fsy bE2J7 ?,q 0 e c / SG 94J EVE e.DAirCCi!/�` EP � «t' / /YI.9A/9-G ,'-r`� �, :4,1 s instrument was acknowledged before •n this.D `3ay L U)/42141 -"Y the GULFSHORES JOINT VENTURE, a Texas joint venture, PATSY MUTCt1LER err COWMEN EXPIRES February 13, 2001 X1'13 -(),,t ,(i4 -O F:\ I I \WORK.96\2AMDPROT.348-11 December, 1996, by joint v nture. 42 Notary Public, ;tate of Texas Doc11 1996049599 N Pages: 12 Date : 12-31-1996 Time : 01:59:56 P.M. Filed b Recorded in Official Records of NUECES County,TX. ERNEST PL RICHES COUNTY CLERK Rec. S 31.00 STATE OF TEXA COUNTY Of NUECES f hereby certify that this instructed Fie Number Sequence on the date and at the lima stamped herein by me, and was duty RECORDED, in the Official Publlc Records of Nueces County, Texas COUNTY CLERK' NUECES COUNTY, TEXAS medescribedprovision herein PROPEL RTy the Sale, Renta, or use ReSson,Sea,Handicap,Familial buscuseofnaO go,i invalid and unenforceable under FEDERAL LAV, 12/ , CAW, 3/17Ji>7, 11.0. IVU. ,_fY I AN ACT elating to the line of vegetation in an area of public beach near certain seawalls. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1 Section 61.017(c)(1), Natural Resources Code, is amended to read as follows: (c)(l) In an area of public beach where a seawall structure constructed in its entirety as a single structure of one design before 1970 and xmtinuously maintained with a height of not less than 11 feet above mean low tide interrupts the natural line of vegetation for a distance not ess than 4,000 feet nor greater than 4,500 feet, the line of vegetation is along the seaward side of the seawall for the distance marked by the +eawall, provided that prior to September 2, 1997 ( ]: (A) a perpetual easement has been granted in favor of the public affording pedestrian, noncommercial use along and over he entire length of the seawall and adjacent sidewalk by the general public; (B) fee title to the surface estate to an area for public parking and other public uses adjacent to the seawall has been conveyed to and accepted by a public entity, which area contains sufficient acreage to provide at least one parking space for each 15 linear feet Df the seawall, is located within the center onethird of the length of the seawall or not farther than 300 feet from that center onethircl, and has frontage on the seawall for at least 300 linear feet; and (C) permanent roadway easements exist within 1,000 feet of each end of the seawall affording vehicular access from the nearest public road to the beach. SECTION 2. Any court judgment in effect on the effective date of this Act regarding circumstances described by Section 61.017(cx 1), Natural Resources Code, as amended by this Act, is modified by that section, as amended, to the extent that the judgment is in conflict with that section. SECTION 3 This Act takes effect September 1, 1997. SECTION 4. The importance of this legislation and the crowded condition of the calendars in both houses create an emergency and an imperative public necessity that the constitutional rule requiring bills to be read on three several days in each house be suspended, and this rule is hereby suspended. President of the Senate Speaker of the House I certify that H.B. No. 2847 was passed by the House on April 25, 1997, by a nonrecord vote. Attachment 4 43 Chief Clerk of the House 1 certify that 11.13. No. 2847 was passed by the Senate on May 12, 1997, by a vivavoce vote. Secretary of the Senate \PPROVED Date Governor EXTENSION OF SALE AND PURCHASE AGREEMENT This Extension extends the Purchase Agreement dated December CORPUS CHRISTI, TEXAS (the "City") TION ("ADC"). The parties agree that funding as described in the above Agreement or as soon thereafter as the City funding under that Sale and 30, 1996, between the CITY OF and ASSET DEVELOPMENT CORPORA - of the purchase of the Property is extended to August 15, 1997, receives 100% of the amount of the assessments, in combination of payments and assessment notes, as provided under the Agreement. All other terms and conditions of the Agreement remain unchanged. Duly executed as of the 31st day of July, 1997. ATTEST: Armando Chapa City Secretary APPROVED AS TO LEGAL FORM: Tut --y 3 . By , 1997. Ja R. Bray City Attorney 97-184 12-17-96 Res. 022794 45 CITY OF CORPUS CHRISTI, TEXAS By: Bill Hennings City Manager ASSET DEVELOP ENT CO ORATION lder President Attachment 5 BALE AND PURCHASE AGREEMENT This Sale and Purchase Agreement is executed by and between the CITY OF CORPUS CHRISTI, TEXAS, a Texas municipal corporation, (the "City") and ASSET DEVELOPMENT CORPORATION, a Texas corporation, (the "ADC"). WHEREAS, the seawall on Padre Island in Corpus Christi was constructed prior to 1970 for the purpose of establishing a clear boundary line between the public beach and the private property at the top of the seawall; and WHEREAS, due to interpretation of a court judgment entered in 1974 in the 28th Judicial District Court of Nueces County, Texas and changes in beach conditions, an uncertainty has arisen concerning the proper boundary of the public beach and easement in the area of the seawall; and WHEREAS, the uncertainty concerning the boundary of the public beach and easement has brought about a cessation of the development of any of the property along the seawall and property appraisals for the land along the seawall have drastically declined due to this uncertainty; and WHEREAS, the Texas Legislature enacted Section 61.017(c) of the Texas Natural Resources Code, Chapter 593, Acts of the 74th Legislature, Regular Session, 1995, allowing cities such as Corpus Christi a procedure to clarify land title issues concerning seawalls such as the seawall located in Corpus Christi by acquiring certain public parking areas and assuring public roadway access at both ends of the seawall; NOW, THEREFORE, THE CITY OF CORPUS CHRISTI, TEXAS AND ASSET DEVELOPMENT CORPORATION AGREE AS FOLLOWS: 1. PROPERTY: The City agrees to purchase and ADC agrees to sell that property situated in Nueces County, Texas, described below (the "Property"), together with all rights, privileges and appurtenances pertaining thereto, but subject to the limitations and requirements herein, for the consideration and covenants expressed in this Agreement: THE SURFACE ESTATE ONLY in and to Lots Thirteen (13), Fourteen (14) and Fifteen (15), Block Forty -Five (45) PADRE ISLAND -CORPUS CHRISTI SECTION A, a Subdivision of the City of Corpus Christi, Texas, as shown by map or plat thereof recorded at Volume 33, Pages 97-99, of the Map Records of Nueces County, Texas. The form of deed by which such Property shall be conveyed is attached hereto as Exhibit A. The Property shall be subject, however, to the exceptions, reservations, conditions and restrictions listed on Exhibit B. 46 2. ROADWAY EASEMENT AND PEDESTRIAN EASEMENT: As part of the consideration of this purchase, ADC shall furnish to the City a public roadway easement at the north end of the seawall in the form attached as Exhibit C. Further, this sale is conditioned upon the creation of a pedestrian, noncommercial easement along the entire length of the seawall by the approval of an amendment to the existing Protective Covenants and Landowner's Agreement filed of record. 3. SALES PRICE: The Sales Price for the Property shall be the sum of $450,000.00 payable as follows. An assessment program for the owners of the properties abutting the seawall shall be established through the property owners' Seawall Committee for the purpose of raising the necessary funds required for payment of the sales price. The total sales price shall be payable by the City from the Seawall Parking Lot Acquisition Fund upon the earlier to occur of the following events: (a) the determination by the Attorney General of the State of Texas, the Texas Legislature, a court of competent jurisdiction, or other applicable authority that the title uncertainties created by the court judgment and changes in the beach described above have been resolved in a manner satisfactory to the City and ADC, or (b) July 31, 1997, being the end of the City's current fiscal year. 4. REVERSION AND CANCELLATION: The City and ADC reserve the right to cancel this sale after the Closing Date in the event no determination is received from the Attorney General of the State of Texas, the Texas Legislature, a court of competent jurisdiction, or other applicable authority to the satisfaction of the City and ADC resolving the title uncertainties caused by the above court judgment and changes in beach conditions on or before July 31, 1997. Further, the City's obligation to pay under this Agreement is expressly conditioned upon the provision of assessments covering 100% of the sales price and the appropriation of such funds from the Seawall Parking Lot Acquisition Fund. In the event of cancellation of this Agreement due to the failure to meet the above conditions, the City's obligation to pay the sale price shall be terminated and any funds collected by the City or paid to ADC shall be refunded, and title to the Property shall revert to ADC by the City's execution of a Special Warranty Deed reconveying the property to ADC subject to the restrictive covenants, conditions, easements, and other title exceptions listed on Exhibit B. The City further shall release the roadway easement described herein and any rights to the pedestrian, noncommercial easement approved the property owners along the seawall. 5. USE OF PROPERTY AS PARKING LOT: As a condition of closing this sale and purchase, the existing Protective Covenants and Landowner's Agreement filed of record covering the Property shall be amended to allow use of the Property for public parking and other public uses. The City agrees to accept the deed for the Property containing a covenant restricting the use of the Property to such uses. 47 6. TITLE: ADC shall furnish to the City at ADC's expense an Owner -'s Policy of Title Insurance (the "Title Policy") issued by SAN JACINTO TITLE COMPANY (the "Title Company") in the amount of the Sales Price and dated at or within thirty (30) days after funding, insuring the City's fee simple title to the Property to be good and indefeasible subject only to those title exceptions permitted herein, or as may be approved by the City in writing, and the =standard printed exceptions contained in the usual form of the Pit1e Policy; provided, however, that the exception as to restrictive covenants shall only list those exceptions listed on Exhibit B or as otherwise approved by the City Manager and the exception as to taxes shall be limited to taxes for the current year not yet due and payable and subsequent years, and subsequent assessments for prior years due to changes in land usage or ownership. ?. PROPERTY CONDITION: The Property shall be conveyed in its present condition at the Closing Date "AS IS" and "WITH ALL FAULTS". 8. BROKER'S FEE: Both the City and ADC represent and warrant to each other that neither has retained the services of a real estate broker or agent in connection with the negotiation of this sale and purchase. As a result, no brokerage fees or commissions shall be due and payable out of closing. 9. CLOSING: The closing of the sale shall be at the offices of Title Company, on or before December 30, 1996 (the Closing Date). ADC and the City agree to execute all documents necessary to consummate the closing of this sale and to furnish evidence of their authority and capacity. Possession of the Property shall be delivered to the City on closing. 10. ACQUISITION IN LIEU OF CONDEMNATION: The City is a political subdivision of the State of Texas and has the power of eminent domain. The Property described herein is being acquired by the City for authorized public purposes. For the purposes of Section 1033 of the Internal Revenue Code in 1986, as amended, the City is acquiring this Property by a negotiated sale in lieu of acquisition by eminent domain proceedings. 11. TAXES: The City represents that it is a political subdivision of the State of Texas and exempt from property taxation under Section 11.11 of the Texas Tax Code. As a result, upon the City's closing of the purchase of the Property it shall become exempt from ad valorem taxation. ADC shall be responsible for all ad valorem taxes for the current and prior years covering the Property and any roll -back taxes. Pursuant to Section 26.11 of the Texas Tax Code, the Title Company shall calculate the amount of ad valorem taxes for the current year against the Property based upon the proration of ADC's ownership during the current year, and such amount shall be paid by ADC and tendered to the respective taxing jurisdiction. 48 12. SALES EXPENSES: ADC shall be responsible for any prepayment penalties on any existing loans paid at closing, plus the cost of releasing liens and recording releases; tax statements; i/2 of any escrow fee; other expenses stipulated to be paid by ADC under other provisions of this Agreement. The City shall be responsible for the cost of the survey; recording fees; copies of restrictions and easements, photos or appraisal information obtained by the City; 1/2 of any escrow fee; and any expenses stipulated to be paid by the City under other provisions of this Agreement. 13. TITLE AND SURVEY APPROVAL: ADC shall cause to be delivered to the City within ten (10) days after the effective date of this Agreement a Commitment for Title Insurance (the Commitment) and legible copies of all recorded instruments affecting the Property and recited as exceptions in the Commitment. If the City makes objection to items disclosed in the Commitment or instruments, which are not recited on Exhibit B, ADC shall have five (5) days after receipt of such objections to cure same. The City's failure to object within the time provided shall be a waiver of the right to object. If the objections are not satisfied, this Agreement shall terminate, unless the City elects to waive the unsatisfied objections and complete the purchase. If a survey obtained by the City reveals any unrecorded easements, boundary line conflicts, encroachments or overlapping of improvements, the City may object to the same by notifying ADC within ten (10) days after receipt of such survey. The City's failure to object within the time provided shall be a waiver of the right to object. If the City makes objections, ADC shall have five (5) days from the date objections are made to satisfy the objections. If the objections are not satisfied, this Agreement shall terminate. 14. DEFAULT: If either party fails to comply herewith, such party shall be in default, and the other party may terminate this Agreement. 15. ATTORNEY'S FEES: If the City or ADC is a prevailing party in any legal proceeding brought under or with relation to this Agreement or transaction, such party shall be additionally entitled to recover court costs, reasonable attorney's fees, and all other litigation expenses from the non -prevailing parties. 16. REPRESENTATIONS: ADC represents that there will be no unrecorded liens, assessments, or security interests against the Property which will not be satisfied out of the Sales Price, payment of any loan assumed or taken subject to by the City, and the Property is not being used, and ADC has no knowledge that it has ever been used, for the storage of disposal of any hazardous or toxic waste or as a dump site. 17. PROPERTY SURVEY: The City may obtain a survey of the Property at the City's sole cost and expense. If the legal description determined by the survey differs from Paragraph 1 (or any exhibit), the survey description shall replace such description. 49 18. ASSIGNMENT: Neither party may assign this Agreement without the consent of the other party, which consent shall not be unreasonably withheld. 19. NOTICES: Any and all notices or other communications required or permitted by this Agreement, or by law, to be delivered to served on, or given to either party to this Agreement by the other party to this Agreement shall be in writing and shall be deemed properly delivered, given, or served when personally delivered to either party to whom it is directed, or in lieu of personal services, when deposited in the United States mail, first class postage prepaid, certified mail, return receipt requested, for delivery at the hereafter indicated addresses for notice. Any party may change his address for the purposes of this section by giving written notice of such change to the other party at the address provided below: City: City Manager City of Corpus Christi, Texas 1201 Leopard Street P. 0. Box 9277 Corpus Christi, Texas 78469 ADC: Asset Development Corporation 14602 S. Padre Island Drive Corpus Christi, Texas 78418 20. TIME FOR PERFORMANCE: Time is of the essence in this Agreement and strict compliance with the times for performance is required. 21. COMPLIANCE WITH NATURAL RESOURCES CODE. This Agreement is being made pursuant to and for the purposes of compliance with Section 61.017(c) of the Texas Natural Resources Code, Chapter 593, Acts of the 74th Legislature, Regular Session, 1995. 22. SURVIVAL. The representations, warranties, covenants and agreements of the parties contained in this Agreement or contained in any writing delivered pursuant to this Agreement shall survive and be enforceable in accordance with the laws of the State of Texas. 23. GOVERNING LAWS. The validity of this Agreement and of any of its terms or provisions, as well as the rights and duties of the parties hereunder, shall be governed by the laws of the State of Texas. 24. AMENDMENT. This Agreement shall only be amended by the mutual agreement of the parties hereto in a written instrument specifically referencing this Agreement. 25. BINDING. This Agreement shall be binding on and inure to the benefit of the parties to this Agreement and their respective successors and assigns. 50 Attachment 6 52 1 1 6 r t a 53 54 55 L 140•' 1406 1190.-00 1- r ,93-00 56 a w w Itl 57 US Army Corps of Engineers North Padre Island Storm Damage Reduction & Restoration Project et r PIP CHANNEL PROJECT j L rty rn <'omu The construction of the Packery Channel project will restore beaches, provide additional storm protection and re -open a natural pass separating Padre and Mustang Islands. Boaters will once again be able to move between the Gulf of Mexico and the Gulf Intracoastal Waterway (GIWW)/Laguna Madre. New recreational and environmental areas will be created and existing ones will be improved Channel History '8!�9 Packery, originally known as Corpus Christi ?ass, was the tidal inlet serving Corpus Christi Bay 3ndth4Laguna Madre. Key Dates 11999 Federal support funding in WRDA The project is the culmination of years of effort of citizens and elected officials The federal sponsor. the U S Army Corps of Engineers (USACE), joins the local sponsor, the City of Corpus Christi (City), and state partner, the Texas General Land Office (GLO). in funding the first phase of this project at a total cost of $30,000,000. Future phases will enhance recreational areas. 23 After iredging of the Corpus Christi Ship Channel Pw. kery closed and has only been open intermittently after storms 2003 The project will re open the channel from the Gulf of Mexico to the main channel of the Gulf Intracoastal Waterway. Bids for the construction of the channel and other first phase improvements were received on July 9, 2003. Luhr Brothers/ King Fisher, a joint venture group, submitted the low bid and was awarded the contract. The bid was within the project budget. Construction will begin in September 2003 and will be completed in 2005. The City will maintain and operate the channel. ending $30 Million In 1999, the U.S. Congress approved funding for the project in the Water Resources Development Act (WRDA). The City of Corpus Christi and its local partners, Nueces County and Del Mar College District, are providing funding through a tax increment financing district, which dedicates increases in property tax values in the channel area to the project. The General Land Office of the State of Texas s providing funding through the Coastal Erosion and Planning Response Act (CEPRA). Federal/ $19,5 Vote, Suppe,; April 7, 2001 April -June 2003 City voters approved the Final Environmental 2005 Tax -Increment Financing (TIP) Impact Statement Construction District to support the published by EPA & complete & dredging and maintenance bonds issued Channel Open us Christi/ Partners 225,000 e/GLO ,275,000 1986 FishTrcckers obtain original permit 12000 City takes over from County as Local Sponsor January 2002 General Land Office approves CEPRA ?unding 58 IJuly -September 2003 Bids received & Construction Begins Operation & Maintenance Phase 2 enhancements Attachment 7 gti 18,500 linear feet Cia 'Ut :t%.ti,ot., , Pt-tase 1 Improvements Dredging of channel and basin Reach 1 length 5,800 If width: 134 If depth: -12 feet Reach 2: length: 12,700 If width: 801f depth: -7 feet ear Fe Construction of jetties/walkways length 1,430 If - water 700 If - land Restoration of beaches/ shoreline protection using dredged sand material Install sand by-pass system to maintain shoreline Phase 2 Future Enhancements Renovation of existing boat ramps Additional boat ramps Improved parking and RV sites Shade structures and public restrooms Maintenance/administration facilities Improved access from Zahn Road Pedestrian trails and observation areas Vendor kiosk areas Mitigation The project also includes creation of submerged grass areas at Shamrock island, a rookery area in the Laguna Madre. This mitigation will be through the Coastal Bend Bays and Estuaries Program in cooperation with the Nature ;onservancy and the GLO. The project budget funds the monitoring of the Mollie Beattie Habitat area to determine any impacts. The City and USACE have pledged remediation if any impacts are observed. project Support This project is the result of the effort of many groups and individuals. The officials and voters of the City of Corpus Christi owe a special thank you to: U.S. Senator Kay Bailey Hutchison, U.S. Congressman Solomon Ortiz, Lt. Governor and Former Land Commissioner David Dewhurst, General Land Commissioner Jerry Patterson, Texas Senator Juan Hinojosa, Texas Representatives Vilma Luna, Gene Seaman and Jaime Capelo Colonel Leonard Waterworth Nueces County Del Mar College District, and the staff at GLO, USACE, and State and Federal resource agencies 59 MUSTANG -PADRE AREA DEVELOPMENT PLAN Adopted b) ( it) Council Ordinance' 4025725, April 20, 2004 the preparation of this document In as financed in part by Community Development Block Grant from the United States Department of Housing and Urban Development and a Metropolitan Planning Organization grant from the federal Highway Administration. Brent Chesney At 1 arge llenry Garr tt At Large Melody Cooper At large ('orpus Christi City Council 2004 Mayor Loyd Neal Bill Kelly District I Javier Colmeuero District 2 Jessie Novola District Mark Scott District 4 Rex Kinnison District 5 Corpus Christi Planning Commission David Berlanga, Chairman Shirley Mims, Vice chair Elizabeth (7tu Richter EloySalazar Neil( F. Amsler Robert Zamora Richard Smith Bryan Stone '�' Michael Pusley 60 Attachment 8 63 Attachment 10 64 65 City Of Corpu s Christi DEVELOPMENT SERVICES 2406 Leopaud ('nit i.,,,1 wpa.1 Texas 7840 Phon< i61-52(; 241 Piamung Fax 36l-826-3� Builaing Fax 361-826-360r, ctex;a..o One Stop Shop Pcrmithng Plan R, -vie: /nfrastructu,r anti Building (1 usii 1'. inspections t4 rkrng To; rdi, 1 Buil,/ Mr. Ray Newby v 'oastal Resources Program l exas General Land Office P.O. Box 12873 Austin, TX 78711-2873 15cpicriTi>cr 15.2005 Ms. Priscilla M. Hubenak Assistant Attorney General Natural Resources Division Office of the Attorney General P.O. Box 12548 Austin, Texas 78711-2548 RE: Beachfront Construction Certificate Application for Construction of Public Beach Access Way and Parking Lot on Lots 13, 14 and 15, Block 45, Padre Island — Corpus Christi Section A on Padre Island in Nueces County, Texas )ear Mr. Newby and Ms. Hubenak: inclosed is a copy of the Beachfront Construction Certificate application for the proposed onstruction of a public beach access way and parking lot on Lots 13, 14 and 15, Block 45, Padre Island — Corpus Christi Section A on Padre Island in Nueces County, Texas. This public beach iccess way and parking lot is being constructed as the public access point to the Gulf beach or the mid-section of the North Padre Island Seawall consistent with Senate Bill 1688 t 1995) and House Bill 2847 (1997). The proposed construction will provide a public beach access way with approximately 300 public parking spaces which will satisfy ADA accessibility requirements for parking spaces and ramps to the concrete walkway on top of the seawall and, in a near future phase, accessibility down the face of the seawall to the Gulf beach. '1 he City of Corpus Christi finds that the proposed construction: 1 Is not located seaward of the Erosion Area Restriction Line except for accessibility down the face of the seawall to the Gulf beach in a near future phase; 2. Is a designated proposed public beach access way as noted on the attached application; 3 Does not functionally support or depend on, or otherwise relate to proposed or existing structures that encroach on the public beach except for accessibility to the Gulf beach in a near future phase; 4 Does include impervious surfaces for public beach access way and parking lot within 200 feet of the public beach easement, however, this impervious surface is located landward and above the North Padre Island Seawall; and Is consistent with the City of Corpus Christi Beach Access Plan in the Mustang - Padre Island Area Development Plan, the City of Corpus Christi Dune Protection and Beach Access Regulations, and Chapter 10, Beachfront Management and Construction, and applicable state laws. 66 Attachment 11 N. Padre Island Seawall Beach Access September 15, 2005 Page 2oI2 Pursuant to the 10 working day period for state agency review provided by the Texas Beach/Dune Rules, the City intends to issue a Beachfront Construction Certificate by October 5, 2005. Please 1 frovidc comments by September 30. 2005, or if possible, sooner. Should you have any questions or need additional information, please call Mic Raasch or me. Sincerely. Michael Gunning, AICP Assistant Director of Development Services Enclosures cC: .Angel Escobar, PE, City Engineer W Thomas Utter Joseph Harney, Assistant City Attorney Joe Trejo, P.E. !vile Raasch, AICP. City Planner H.',PLN- )IR \SI!ARID AComprehensive Planning\Coastal ManagementABeachfront Construction Certificates\BCC0I0905GLO_doc 67 CITY OF CORPUS CHRISTI BEACHFRONT CONSTRUCTION CERTIFICATE APPLICATION Applicant's name: City of Corpus Christi Applicant's address. P.O. Box 9277 Cit, Corpus Christi State: Texas ZIP: 78469 Applicant's phone number: (361) 880-3500 Fax number: (361) 880-3501 Property Owner's name: City of Corpus Christi Property Owner's address: Same =icy Same State: ZIP: Property Owner's phone number: Same Fax number. _egal description of the tract: Lots 13, 14, and 15 , Block 45, Padre Island - Corpus Christi Section A as shown in Volume 33, Pages 97 — 99, of the Map Records of Nueces County,Texas Size of tract in acres or square feet: 126,441.41 square feet (2.903 acres) Description of the proposed construction, including the number of proposed structures and whether the structures are amenities or habitable structures: Beach access way and large parking lot providing approximately 300 parking spaces for use by the general public (Attachments 1 and 2). This parking lot is being constructed as the public access point to the Gulf beach for the mid-section of the North Padre Island Seawall consistent with Senate Bill 1688 (1995) and House Bill 2847 (1997) (See Attachments 3 and 4). The only structures being constructed are the ADA compliant ramp from the parking lot to the public walkway on top of the seawall and. in a near future phase, accessibility down the face of the seawall to the Gulf beach. Does the proposed construction include a dune walkover? Yes X No Will the proposed dune walkover be constructed under the Texas General Land Office's Dune Protection and Improvement Manual for the Texas Gulf Coast? Yes No FEMA Standards: The lowest habitable floor of the proposed structure(s) is N/A feet, which is at or above the FEMA base flood elevation for the area. certify tha('the information provided is correct and accurate. September 12, 2005 A.ppli9nt:/Angel R. Escob, P.E., City Engineer Date City of Corpus Christi Property Owner: George 'f< )oe, City Manager Date September 12, 2005 September 12, 2005 Engel/. Angel R. Escobar, P.E., City Engineer Date Lic se #:41205 See next page for site plan requirements. 68 �Itaci • a scalable site plan, which includes the following: • Legal description of the tract, including, where applicable, the subdivision, block, and lot. • Location of the property lines and a notation of the legal description of adjoining tracts. • Location, footprint, and perimeter of the existing and proposed structures on the tract (the location, footprint, or perimeter of a proposed structure is not required for proposed structures located landward of the Dune Protection Line or Erosion Area Restriction Line). • Location of proposed roadways and driveways on the tract (the location of proposed roadways and driveways is not required for proposed structures located landward of Dune Protection Line or Erosion Area Restriction Line). Location of any seawalls or any other erosion response structures on the tract and on the properties adjacent to the tract. • Location of the Beachfront Construction Line, Dune Protection Line, Vegetation Line, Erosion Area Line or Erosion Area Restriction Line, mean high tide line, and mean low tide line. • Location of any existing beach access ways that are located either on the property or adjacent to the tract. An existing six foot wide concrete walkway will be replaced with the new beach access way/parking lot which fronts on the seawall a distance of 300 feet. • Location of any future beach access ways, based on elements of the City's Comprehensive Plan, including the Transportation Plan or applicable area development plan, that are located either on the property or adjacent to the tract. This proposed construction will provide a public beach access way with approximately 300 public parking spaces which will satisfy ADA accessibility requirements for parking spaces and ramps to the concrete walkway on top of the seawall. In a near future phase, accessibility will be provided down the face of the seawall to the Gulf beach. • Location of any existing or proposed dune walkovers on the tract. N/A f the applicant has the requested information, attach copies of the following information: • A copy of the FEMA "elevation certificate. N/A • The most recent local historical erosion rate data as determined by the University of Texas at Austin, Bureau of Economic Geology, N/A Describe whether the proposed construction will impact coastal erosion. x The proposed construction will not impact coastal erosion. The proposed construction will have the following impacts on coastal erosion: N/A 69 BEACHFRONT CONSTRUCTION CERTIFICATE APPLICATION Large Scale Construction Addendum It the proposed construction qualifies as large-scale construction, provide the following information: If a multiple -unit dwelling will be constructed, how many units will be in the dwelling? N/A Have any alternatives been considered that would cause fewer or no adverse effects on dunes or dune vegetation? Yes x No If no, why were no altematives considered? x No alternatives are necessary, since proposed construction will not impact dunes or dune vegetation The only impacts will be from dune walkover(s) constructed under the dune walkover construction standards in the Texas General Land Office's Dune Protection and Improvement Manual for the Texas Gulf Coast. Because If yes, what alternatives were considered? How will the proposed construction impact on natural drainage pattems on the site and on adjacent lots? There will be no impact on natural drainage patterns. x Drainage will be improved by the construction of the surface parking lot which will drain from the existing concrete walkway on top of the seawall landward to drainage inlets in Windward Drive. Stormwater will then drain via existing storm drains landward to the Lake Padre basin to the northwest. If the tract is located in a subdivision and the applicant is the owner or developer of the subdivision, attach a certified copy of the plat, or if the subdivision has not been platted a preliminary plat. N/A If the tract is located in a subdivision and the applicant is the owner or developer of the subdivision, what is the total area of the subdivision in acres or square feet? NIA 70 ...... ..._sly ��ALL BEFORE YOU DIG! It OVAINSMIT Miff DIG TESS 1-800-344-8377. i Pillil [XL. hi IG13.4S Np a SL U 0 0 71 ; VA )H` az Qc Z � J JI-� f- a CO 11.1 reItO aoo Wi FILE 7j ATTACHMENT 3 Ifen vizi/ iii ci+v S.B. No. 1688 AN ACT 1 relating to the establishment of the line of vegetation along the 2 Gulf of Mexico where a natural vegetation line does not exist. 3 BE IT ENACTED BY THE E OF THE STATE OF TEXAS: 4 SECTION 1. Se 6 1�4 . al Resources Code, is 5 amended by adding/ 1 •� =r (c) t a -d •llowst 6 (c) (1) IS an ii `,�-71. seawall structure R., constructed i•� ill it::',—..r'-ty / s ."` z ture of one design H before 1970, a • ,cd ! ! iy ^ in\` j } - 'Mit of not Less IV,� t,, , than 11 feet .4 ab•;e•vl.(;l-p 1•w t•e tit c!•Ns!j}'he natural line of \.' -1J ,:n,� 10 vegetation for y�dis1.• "•\- i) --'ase .- or00�et nor areater than 4,500 feet, the ne o ,- e: ~l ". --a. /seaward seaward side of the seawall for the die nceama '€t! -tl sea;i52//,1, provided that prior f to December 31, 1996 ` (A) a perpetual easement has been Granted in •. favor of the public aftordina pedestrian, noncommercial use along and over the entire length of the seawall and adjacent sidewalk by theAleneral Public; 6 (B) fee title to the surface estate to an area for public parking and other public uses adjacent to the seawall has been conveyed to and accented by a public entity, which arca contains sufficient acreaae to provide at least one parkins space for each :5 _:near Tne seawai:, :s located within 7.he center one-third or the length or the seawall, and has _f ontaae on 73 2 3 1,000 feet of each end of che-.seawall. affording vehicular accede 4 from the nearest public road to the beach. the seawall for at least 300 linear feet; and S.H. No. 1661 {C) per roadway enaementa exist within (2) 6 this subsection and of the public H submerged land of Texas. 0 SECTION 61.017, Nature 2 the landward 1 easement in any A line of Lon established sha e Ihjatiwafral dory of �"r-1. v ,, as described it the public beact coed Fee title- to all th"-'\'•'1 • remain in the State � � e fiction (c), Section ina.,‘1!4., Act, establisher k'?''. Pt.) � :' .nth and of the public i P►r" �cuml: antes described it •`•rtes Code, as added bl Subsection (c), Sec this Act, including t conveyance of the public to December 31, 1996. he public easement and the parking and use area, are completed ?riot Any court ;udament in effect prior to the effective date or this Act regarding circumstances described _. Subsection th.s Act, c7, Section 61.017, Natural Resources Code, as added be is coditied by that section to the extent that the judgment :3 in conflict w SECTr0N to that sect/on. 3. This Oct takes effec- September 1, 1995. SECTION 4. rhe importance rowded of emercencv and ane alendars 3n imperative this '_eoielation and the oubli_ 74 both houses create at necessity :hat .hr constitutional rule requiring bills to be days In each house be suspended, and this President of the I hereby cer May B, 1995, by a 1 hereby S.B. No. 1688 read on three several rule is hereby suspended. Speaker of the House 8 passed the Senate on May 19, 1995, b kpp[cvea: • of the Senate d the House on o- ,.Inlet' Clerk or the House Date 75 A TTACHMENT 4 one-third, 4 V Y C 44 U from that 4- easements exist A .1 J c ti G 1i 1. 0 4 >, 414 ro 9 3 'o ro 0 permaner: v s of each end of the seawall 0 0 0 to the line of vegetation in an area of public beach near 3 m v 9 C 44 L L N G y O 0 41 Y 0 -r) 9 ti N 4 9 C a u 4. L N 4 9 Y A u U L >1 ..0 u a a 0 .0 r` - V L u 01 U N LI .4 cn L C N - 0 T v C N n 9 0 u O .0 % -+ 0 v ._ h L a C a+ 1. u -1 A 0 U a.01 Y Y A O 9 44 G U *a L a L A ,. N 9 '0 01.1 '0 E u E 0 C 9 a 9 u n a IJ A N C 9 A 0 0. L G C 0 C (A ♦1 0 u A u +4 C 9 'o u U 4. a N O 41 U W 0 e '0 41 0' 11 U C A '0 • 4 m E • N U U -n -.. dl .0 10 V: C XI 4.1 44 7 A A 1.1 1. O A L 0 O • 04 Y M u E L O c a i u •.. u -. c 4 47 C A A M.0 0 6 01 11 U ri G E ▪ C O 0 44 IN H A Y p ♦+ Z O A m o 4 •a Z Z N ^ 0 0 .0 > A N 1-4 u U U O '0 a+ Id 31 4-1 d C 01 01 '0 o N .ti 41 44 E '0 a - 0' s 44_.'0� s elO 0 '0 1n E T 0 several 0 calendars a n n O 0 0. imperative SECTION 2. condition emergency constitutional rule requiring bills v1 10 1-- CO 01 0 .+ N 01 v 44 10 certain seawalls. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF T 41 41 '0 0 0 61.017(c)(1), Natural Resources r w O 3 0 N N U 0 7+ O 01 4 0 F W 01 'O w O C U E A to read as In an area of as a single structure of one design 0.1 Y 9 M ti u 4' m 4. c u 41 0 A L u L u - a a+ 41 c .. 0 ,4 O c low tide interrupts the natural C 9 u E feet nor greater 0 less than the seaward side of A marked by the seawall, provided that prior u U C a u A 9 Y > N a .0 a+ C 0 M G W ..4 O A 47 .H -. A .+ '0 1997 [December -Si -7 -HW( c. c a+ 1. .0 .0 -ry A 0 u u 4 11. 4 a+ 91 O a 4. E O 0 -.. a Y 0 -4 a+ 4. 1-1 44 a A .-1 0 ▪ C W o 7 N 44 9 0' In A .0 u > v A a+ 7 c 76 C T >1 -. C A 0 'v m u 44 a C VIC 9 0 P C 44 O A 9 .0 a perpetual easement the public affording pedestrian, noncommercial the seawall and adjacent sidewalk the entire length of .44 0 14 41- 3 14 0 0 3 '0 01 a 4. A V m 10 m N M L u u 4a m the general public; ti 44 7 A d 44 a A L 0 a+ for public parking and other public uses adjacent to and accepted by a public entity, which area 44 m > c 0 Y u A m A .0 m O 9 0. A the seawall, is located within w 0 44 V 44 H arlC A 0 A y 4 Y .L 1. G 4.4 0 u 44 44N A W one-third of the length of the seawall or not C3 01 0 N n v .-• .+ N 04 N N N ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, CHAPTER 10, BEACHFRONT MANAGEMENT AND CONSTRUCTION, REGARDING THE ELIMINATION OF VEHICULAR TRAFFIC ON THE BEACH SEAWARD OF THE PADRE ISLAND SEAWALL, THE DIRECTION OF TRAVEL BETWEEN WHITECAP BOULEVARD AND PADRE BALLI PARK; ESTABLISHING A PEDESTRIAN SAFE AREA; PROVIDING FOR PENALTIES; PROVIDING FOR SEVERANCE; PROVIDING FOR PUBLICATION; AND PROVIDING A DELAYED EFFECTIVE DATE. WHEREAS, the Section 15.7(h) of the Beach and Dune Rules established by the Texas General Land Office, under the authority of the Texas Open Beaches Act, authorizes local governments, with the prior approval of the General Land Office, to close portions of the public beach to vehicular traffic, if adequate parking is provided on or adjacent to the beach to accommodate one car for each 15 linear feet of beach that is closed; WHEREAS, the Padre Island seawall is 4216.5 feet long; WHEREAS, the City of Corpus Christi owns 2.9 acres (126,441.41 square feet) of land adjoining the seawall, which is adjacent to the public beach; WHEREAS, the City is constructing a parking lot that will accommodate 310 cars; WHEREAS, the parking lot is adequate to provide parking for at least one car for each 15 feet of beach seaward of the seawall that is closed to vehicular traffic; WHEREAS, ingress and egress access to the beach is provided for vehicles at each end of the seawall; WHEREAS, ingress and egress access to the beach is provided for pedestrians along the entire length of the seawall by a perpetual easement that has been granted in favor of the public affording pedestrians noncommercial use along and over the entire length of the seawall and adjacent sidewalk; WHEREAS, signs will be conspicuously posted to explain the nature and extent of vehicular controls, parking areas, and access points: WHEREAS, it has been the City's long term plan to close the beach seaward of the seawall once the City constructed a parking lot on City owned property adjacent to the seawall; WHEREAS, Policy Statement 11.6.3 of the City of Corpus Christi, Texas, Dune Protection and Beach Access Plan, adopted on February 28, 1995, an element of the City's Comprehensive Pian, provides that "Subsequent to the purchase and development of the parking lot landward of the seawall, the City will take action to close permanently the beach seaward of the Seawall to vehicular traffic for safety purpose;" parkingbeachord051011 2 WHEREAS, Policy Statement C.15, MUSTANG -PADRE AREA DEVELOPMENT PLAN, adopted by City Council Ordinance #025725 on April 20, 2004, an element of the City's Comprehensive Plan, provides the "in order to create a safe day use beach area in front of the sea wall, traffic will be prohibited once a public parking area is constructed," Price a 300 space parking lot is available on the existing city land located adjacent to the seawall WHEREAS, the 74th Texas Legislature recognized this plan when in 1995 it adopted §61.017(c)(1)(B) of the Texas Natural Resources Code, which in recognizing the seawall as the line of vegetation required the fee title to the surface estate to an area for public parking and other public uses adjacent to the seawall be conveyed to and accepted by a public entity, which area contains sufficient acreage to provide at least one parking space for each 15 linear feet of the seawall; WHEREAS, the 2.9 acres of land owned by the City, on which the parking lot is being constructed, satisfies that obligation; WHEREAS, the closing of the portion of the public beach seaward of the Padre Island seawall wilt provide a family safe area for the public to use the beach without being exposed to the dangers posed by vehicles driving on the beach; and WHEREAS, the public's right to access is protected by the existing access and the availability of public parking adjacent to the public beach and seawall; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Section 10-73(f), Code of Ordinances, is repealed. "Sec. 10-73. Vehicular operation. SECTION 2._Section 10-77(e), Code of Ordinances, is amended to read as follows: Sec. 10-77. Pedestrian safe areas. The city manager may shall establish as a pedestrian safe area that portion of the Gulf beach seaward of the concrete portion of the Gulf seawall, until the ash the -city -manager. ? A R K I N G B E AC H O R D051011 3 SECTION 3. Section 10-80(e), Code of Ordinances, is repealed. "Sec. 10-80. One-way traffic on beach and access roads. SECTION 3. Section 10-81, Code of Ordinances, is revised to read as follow: "Sec. 10-81. Portions of the beach closed. "(a) The city manager, or the city manager's designee, is authorized to close portions of the beach to all vehicle traffic for declared safety reasons during periods including, but not limited to, extreme high tides, such as storm tide and "spring" tide events, and when less than a twenty -five-foot corridor along the beach is available for vehicular traffic. "(b) Except for emergencies vehicles vehicles used to maintain the beach, or vehicles used to provide beach related services under a permit issued by the City, the beach seaward of the Padre Island seawall is closed to vehicular traffic, and driving on this portion of beach is prohibited." SECTION 4. A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable under Section 1-6 of the City Code of Ordinances. SECTION 5. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for its purpose. 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. SECTION 7. This ordinance takes effect on the latter of (a) the approval of these changes to the City of Corpus Christi's Dune Protection and Beach Access Plan by the General Land Office or (b) the completion of the construction and opening to the public of the City's Padre Island seawall parking lot. PARKINGBEACHORD051011 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2005, by the following vote: Henry Garrett Rex A. Kinnison Brent Chesney John Marez Melody Cooper Jesse Noyola Jerry Garcia Mark Scott Bill Kelly That the foregoing ordinance was read for the second time and passed finally on this the day of 2005 by the following vote: Henry Garrett Rex A. Kinnison Brent Chesney John Marez Melody Cooper Jesse Noyola Jerry Garcia Mark Scott 4 Bill Kelly PASSED AND APPROVED, this the day of , 2005. ATTEST: Armando Chapa Henry Garrett City Secretary Mayor APPROVED: day of October, 2005. N GU/Wok_ a/ W. Smith Assistant City Attorney for City Attorney 4 47 NO ATTACHMENT FOR THIS ITEM 48 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION Date: 10-11-2005 AGENDA ITEM: Final Report on the 2005 Legislative Session CITY STAFF PRESENTER(S): Tom Utter, Special Assistant to the City Manager ISSUE: City staff is providing a report to the Council on the 2005 Legislative Session REQUIRED COUNCIL ACTION: None W. Thomas Utter Attachments CITY OF CORPUS CHRISTI Corpus Christi WWI N4MIa41 '1111' Final Legislative Report 79th Legislative Session and the First and Second Special Called Sessions October 11, 2005 INTRODUCTION In preparation for the 79th Legislative Session, City staff held a number of meetings with interested parties across the city and participated in numerous legislative policy meeting with cities across the state together with the Mayor and various council members, all leading to the formulation of a draft legislative program. The draft program was taken to the City Council in November 2004, at which time the City Council approved the program. The legislative program serves as the guidebook for City staff and City legislative liaisons to use during the legislative session. Prior to the legislative session, City staff arranged for a briefing of the legislative staff of our entire delegation at City Hall. During that legislative briefing, a number of interest groups from across the city were invited to make their own presentations to the legislative staff. (These groups included the various Chambers of Commerce, Del Mar, Texas A&M—Corpus Christi, the Port of Corpus Christi, and other organizations. The day-to-day communication of the legislative program was carried by the Special Assistant to the City Manager together with 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, Council members, the City Manager and other members of the city staff were called upon to provide input and to testify during the legislative session. The legislative session began in January 2005 and it quickly became evident that the session was going to have an extremely negative anti -local government tone. The session ran through May 30, 2005. Subsequently, the Governor called two special sessions. Throughout the regular session and the special sessions, there were many separate attempts to remove or reduce local control of numerous tax issues, right-of-way control, and franchise ability, among others. During the regular session, there were 5,369 bills introduced of which 1,397 actually passed. The cities and the Texas Municipal League by April had almost 1,600 bills in our various tracking files and opposed approximately 440 of them. During the session, city staff met every Monday with city staff from the eight large Texas cities and TML staff (and later in the session, more often as needed). The Texas Municipal League staff did an absolutely outstanding job during the legislative session in helping to coordinate cities' activities. Many of the other large cities have a number of city staff and large groups of paid lobbyists working to promote city interests. We would be remiss in not pointing out that, on may occasions, we piggy -backed on the efforts of some of the other large cities and their lobbyists, for which we are very grateful. Our legislative delegation was exceptionally supportive and not only provided significant support for us on the legislative floors but also provided telephone, copying, office space and other services for us throughout the session. The staffs of our legislative delegation were absolutely superb. Overall, we managed to dodge virtually every major bullet directed at local government and ameliorate the language in numerous other bills. We were also successful in obtaining special legislation for several of our important projects. With the tenor of the legislative session being so anti-government, we firmly believe that the outcome was a great success for cities. This final report is broken down into two sections: Section 1 is a verbatim restatement of the adopted legislative program, annotated to show what action, if any, occurred with each of the issues. Section 2 is a general discussion of all of the major pieces of legislation that directly affect cities. In addition to this legislative report, there were nine proposed constitutional amendments that will be before the voters on November 8, 2005. An analysis of the constitutional amendments by the Texas Legislative Council is being transmitted to the City Council under separate cover. 2 FINANCIAL INTEGRITY SECTION 1 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. Action: In general, city fees from franchises were protected after major battles. The cost of relocation of utilities required by the city and city regulation of rights-of-way were also protected. During the second special session, SB5 was passed, which makes many changes to telecommunications, cable, and broadband laws. However, the 5% (franchise) fee will still be paid to cities together with a 1% fee for in-kind services. The City's police power on rights-of-way was strengthened under the bill. See Section 2 for a comprehensive and detailed discussion of 2SB5. SB480, which resulted in part from our negotiations and legal actions with pipeline companies, established a permanent method for a city to assess a reasonable annual charge for rights-of- way and requires any pipeline in most cases to be relocated at the pipeline owner's costs for the benefit of any City project. See Section 2 for a complete discussion. b. State Hotel Tax for Beach Maintenance. The City supports legislation that would provide State hotel tax funding for beach maintenance. Action: No action 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 that would increase such liability. Action: HB616 and SB 1224 limit the liability of a city for various bicycling, mountain biking and on -leash and off - leash walking of dogs on premises owned or maintained by the City. d. Prompt Payment Statute. The City opposes legislation increasing the requirements of the prompt payment statute. Action: No action e. Indemnity Provisions. The City opposes legislation limiting or prohibiting indemnity provisions in public works contracts. Action: HB2039 waives a City's sovereign immunity for breach of contract claims. However, consequential or exemplary damages and/or attomey's fees may not be recovered. 3 g. Mandated Fees. The City opposes legislation that would require a city to raise any municipal fee and remit the revenue to the state, unless use of the monies would be clearly dedicated for programs beneficial to the City. Action: HB2193, HB2470, H81751, and 581701 were all bills that, in the words of TML, form a "cookie jar of municipal court fees" that will be, in general, transferred to the state for non - municipal uses. See Section 2 for a complete discussion of these new fees. ENDORSE Appraisal Appeals. The City supports legislation to allow cities to challenge the appraisal or appeal of an appraisal of a specific property. Action: No action 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 payments until both receive the proper amount of revenue. The City opposes additional State or County fees or court costs on municipal courts. Action: See f above. Sale of Tax Liens. The City supports legislation to authorize cities to sell tax liens. Action: No Action 4 ESSENTIAL INFRASTRUCTURE PRIORITY a. Water. t . 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 challenge such water supply or water rights or the City's ability to expand such supply or rights. Action: One of the legislative session's biggest fights occurred over Senator Amibrister's S83, which was a major rewrite of much of Texas Water Law. The bill had many parts that were detrimental to the City. For example, the bill required all cities that provide water to their citizens to add a substantial fee onto each water bill that would then be remitted to the State for funding of water projects. Large cities, including Corpus Christi, all pointed out that our citizens had already either paid through water fees or taxed themselves to provide needed water infrastructure and that this new proposed water "fee" would simple act as a tax to be used in other jurisdictions. The bill also would have eliminated our local Nueces Estuary Advisory Committee structure and set up a completely new organization. Senator Hinojosa who sits on the Senate Natural Resources Committee was instrumental in helping us in ameliorating some of the more onerous provisions. Both of our legislative liaisons, Mr. Tim Brown and Mr. Ron Lewis, worked tirelessly with us, TML, and the other large cities and their teams in trying to make the bill acceptable. The bill was eventually killed; however, a few of non- threatening provisions were added on to bills that did pass. Our latest information indicates that the Govemor may call for an interim study of water issues and we would support this. H82876 was passed which makes a number of changes in Certificates of Convenience and Necessity for water service. See Section 2 for a complete discussion of the bills. 2 Desal Projects. The City supports legislation to provide special set-aside funding for desalination programs and projects. Action: Funds were set aside in the budget for pilot desal projects such as the one proposed in Corpus Christi. 3 Free Market in Water. The City strongly supports legislation that would remove barriers to a free market 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. Action: lMth the failure of S83, free markets in water may be studied in the Governor's proposed interim call. 4 Water Conservation Districts a. The City supports legislation to establish a Ground Water Conservation District encompassing the entire City limits and 5 possibly the entire County. Action: With the strong support of Representative Luna and Senator Hinojosa who filed companion bills, the Corpus Christi Underground Aquifer Storage and Recovery Conservation District was created. b. The City supports correcting legislation removing portions of Nueces County from previously authorized Ground Water Conservation Districts. Action: With the establishment of our Aquifer Storage District, this is no longer a problem. ACTIVELY SUPPORT b. Transportation. 1. Resources. The City strongly supports legislation assuring the equitable allocation of transportation resources from the State. Action: The principal transportation bills were HB2702, the Omnibus Transportation Bill goveming regional mobility authorities and the Trans -Texas Corridor and H82650 which authorizes a city to enter into agreements for the financing, construction, maintenance and operation of a turnpike project in return for a percentage of the revenue from the project. See Section 2 for a full analysis of these bills. 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. Action: Tumpikes, regional mobility authorities and tolling were the major efforts during the session. See b 1 above. c. City Streets/Maintenance. Maintenance of City streets throughout the State is chronically under funded. The City strongly supports legislation whichwould allow cities to have additional local revenue sources specifically earmarked for street maintenance. Action: See b1 and b2 above. 6 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 manufactured housing, annexation, condemnation, platting, zoning, extraterritorial jurisdictions and building and housing codes. Action: All efforts to curtail cities' ability to regulate location of manufactured housing and limit annexation were defeated. On the other hand, HB3461 regarding development moratoria and HB1835, development extractions, both limit cities' abilities to deal with development. SB574 and SB848, both dealing with permit vesting, expand the vesting statute, thereby infringing further on cities' developmental processes. A number of other extremely onerous bills that would have had much more devastating effect on the city's ability to regulate development were al! defeated. See Section 2 for a full discussion of these bills. 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. Action: All such legislation was defeated. c. Annexation Authority. The City opposes legislation that would erode current annexation authority. Action: All such legislation was defeated. 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. Action: Although there were numerous bills filed that would have made a number of changes in affordable housing legislation, no significant bills passed. e. BuildingCodes. The City supports maintaining 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. Action: S81458 passed which established the International Building Code for commercial and family construction, but allows for local amendments. f. Nuisance. The City supports legislation to strengthen municipal enforcement authority with respect to nuisances. Action: HB 1690 was passed which changes the language from "knowingly maintains a place that constitutes a nuisance" to "knowingly maintains and knowingly tolerates activity and furthermore fails to make reasonable attempts to abate the activity." g. Condemnation Authority. The City opposes legislation that would erode condemnation authority. Action: With all of the news reports of the eminent domain Supreme Court ruling, there was a strong reaction in the legislature. In the second special session, after the Govemor opened the call for the special session to eminent domain, 2SB7 was passed. This bill prohibits condemnation where the affected property would be used for private redevelopment. It also establishes an 7 interim committee to study eminent domain. See Section 2 for a full discussion. h. Dune Protection. The City supports city administered dune protection within a city's limits and ETJ. Action: No significant legislation. 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. Action: No significant legislation. Group Homes. The City supports legislation to protect and strengthen city authority to regulate group homes. Action: No detrimental legislation. 8 CHILDREN AND YOUTH PRIORITY a. Juvenile Crime. The City supports legislation to reduce crime and delinquency among children and youth, to promote their development and well being, and continued funding of CYD programs. Action: Continued funding of CYD programs (zip code 78415 programs) was included in the state budget. ACTIVELY ENDORSE b. CHIPS funding. The City supports expansion of the Children's Health Insurance Program to the greatest extent possible so that no child is left uninsured. Action: Funding was restored for those previously removed from the CHIPS rolls. 9 EDUCATION PRIORITY a. Higher Education. The City supports legislation to advance and obtain sufficient support for education in this area, especially legislation to enable Texas A&M 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. Action: Although Representative Luna, in her position as Vice -Chair of the Appropriations Committee, and the entire delegation was very supportive, the 7911 legislation was not particularly fruitful for our higher education institutions. Very few of their priorities were included. The City aggressively supported and worked with staff from Del Mar and Texas A&M—Corpus Christi. 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. Action: Originally, this legislative session had as its principal goal the reforming of the financing of the public education system. Unfortunately, no consensus was reached and now the State awaits the ruling of the Texas Supreme Court on the lower court ruling that the present system is unconstitutional. We believe that when the Supreme Court rules, the Govemor will call a special session to again address the issue of school finance. 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. Action: Representative Seaman pushed legislation that would have increased skills development. Unfortunately, it died along the other school funding issues. d. Dropout Prevention. The City strongly supports legislation to address problems inherent and endemic both causal and reflective of our area's high dropout rate. Action: No legislation. 10 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. Action: No legislation. b. Child Safety Registration Fee. The City supports legislation to amend current law to increase the optional vehicle registration fee for child safety from $1.50 to $3.00 and to allow cities to impose the fee. Action: No legislation. 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. Action: No legislation. ACTIVELY SUPPORT d. Photographic Traffic Signal Enforcement: The City supports legislation that would allow cities to effectively employ photographic traffic signal enforcement. Action: Numerous bills were filed that would have prohibited or significantly impeded photographic traffic signal enforcement. It is extremelydoubtful that this type of enforcement can now be used in Texas. 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. Action: No harmful legislation was passed. 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. Action: No harmful legislation was passed. OPPOSE g. Felony Forfeitures. The City opposes legislation which would detrimentally change the existing felony forfeiture statute. Action: No harmful legislation was passed. h. Regulation of Scooters. The City opposed legislation that would erode the authority of a City to regulate scooters. Action: While no harmful legislation passed, HB1596 passed which specifically authorized cities to prohibit motor assisted scooters on a street, highway, or sidewalk. 11 UTILITIES PRIORITY a. Electric Industry Deregulation. The City supports continued electric industry deregulation legislation but only if it (1) fully preserves municipal 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 exempt 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 --- vis revenue. Action: No harmful legislation was passed. In 2S85, broadband over electric lines is allowed and the City cannot charge a franchise fee; however, the utility must pay 5% of gross receipts of the broadband activity to the City. 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. Action: Right-of-waycontrol and police power of the City over its right-of- way emerged unscathed from the session. 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 telecommunications providers to submit to an independent, verifiable audit of access lines. Action: No legislative activity. d. Access Lines. If the Public Utility Commission 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. Action: No legislative activity. ACTIVELY SUPPORT e. Underground Facilities Notification. The City opposes legislation that would amend 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 more equitable basis, and 4) require mandatory participation by cities as Class B operators. Action: No legislative activity. f. Wireless Local Area Networks (LAN). The City supports legislation that clarifies the ability of a City to provide LANs for its citizens. Action: One of our largest legislative victories occurred in this area. Chairman King in the House filed the 12 original telecommunications bill that would have prohibited cities from providing WIFi services to other than city departments. These provisions were extensively modified and eventually totally scrapped in the passage of 2S85. 13 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. Action: Fully funded 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 program continue to be funded, possibly at an elevated level. Action: Fully funded c. Regional Water Planning. The City supports continued funding of regional water planning. Action: Fully funded ACTIVELY SUPPORT d. Parks and Recreation. The City supports additional funding for State grants to cities for park acquisition and development. Action: State funding for local park projects was severely cut in the session. e. Beach Cleaning. The City supports full State funding of the beach cleaning program. Action: No additional funding was finalized. f. Oil Spill Response Program. The City supports continued and expanded State support for the Oil Spill Response Program and the location of a major center in the Corpus Christi area. Action: Full funding was accomplished. g. DrainagelStormwater.The City opposes further unfunded mandates with respect to drainage and stormwater, and supports increased State programs to assist in solving such problems. Action: No significant legislation. 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 undermine adequate funding of city landfills, impose regulations more stringent than federal law, or erode city authority over landfill operations. Action: All detrimental bills were defeated. 14 PERSONNEL ACTIVELY SUPPORT Reserved (see actions outlined under Section 2). 15 ECONOMIC DEVELOPMENT PRIORITY a. Military. The City supports continued funding and legislative support of the Texas Strategic Military Planning Commission and other efforts to preserve existing military bases in Texas. Action: Continued funding was included. b. Ballot Language for Economic Development Sales Tax. The City supports amendment of Sections 4A and 4B of the Development Corporation Act to provide greater local flexibility in presenting projects to the voters individually or combined. Action: HB3195 allows more much greater flexibility in sales tax elections. c. Economic Development Areas. The City strongly supports legislative initiative to provide stronger and more powerful economic development tools for local, State or Federally created or designated Economic Development Areas. Action: Increased flexibility in Tax Incremental Financing Districts was approved, including the ability to use increases in sales tax within such districts. ACTIVELY SUPPORT d. Economic Development Authority. The City opposes legislation which would erode municipal economic development authority. Action: No detrimental legislation was passed. in fact, several bills were passed that give greater flexibility for economic development sales tax projects. In addition, HJR80 was passed which proposes a constitutional amendment to clarify the use of Chapter 380 Grants. e. Child Care. The City supports increased, sustained State funding for child care. Action: No change from existing statutes. 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 information. Action: No significant legislation. g. E -Commerce Taxation. The City supports a level playing field for all businesses whether they are locally operating or operating through e-commerce. The City opposes any system of taxation which restricts a local government's ability to collect sales tax on commerce over the Internet. Action: No legislation was passed; however, the State is in discussion with a group of other states in an e- commerce taxation pact that has already been endorsed by a numberof retailers. ENDORSE h. 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. Action: No harmful legislation. 16 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. Action: No harmful legislation. b. Property Tax Exemption. The City opposes legislation that would enact a property tax exemption that would shift the burden to other taxpayers and that would be a substantial erosion of the tax base. Action: No harmful legislation. Although there were numerous bills filed, all were defeated. 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. Action: No harmful legislation. 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. Action: No harmful legislation. 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. Action: No harmful legislation. f, Water or Wastewater Permittees Fees. The City opposes legislation that would increase fees paid by water or wastewater permittees. Action: Although no harmful legislation was passed, SB3 would have required the City to collect a substantial state water fee from every customer of the city. g. Sales Tax Pledge. The City supports allowing the pledge of sales tax for financial obligations outside of economic development. Action: In a significant victory, SB1119 was passed which allows cities to pledge sales tax increases to fund projects in Tax Increment Finance Zones. 17 SECTION 2 FINANCE AND ADMINISTRATION Property Tax H.B. 182 — Property Taxes: permits an owner of property valued at $1 million or less to challenge valuation decisions of the appraisal review board through binding arbitration, rather than district court as current law requires. Costs of the arbitration will be assessed according to which party's opinion of the property's value was furthest from the value as ultimately determined by the arbitrator (a "loser pays" system, essentially). H.B. 809 — Property Tax Exemption: provides that an individual need not render for taxation passenger cars and light trucks that are used both for business and personal purposes. H.B. 1984 — Property Taxes: makes the following changes regarding property tax notices: (1) requires the chief appraiser to communicate to the city council how the current year's appraised values compare to the values from five years previous; and (2) requires the city to include in its property tax bills the percent increase or decrease, as applicable, in the current tax year's appraisals and levy as compared to five years previous. H.B. 2491 — Property Taxes: This lengthy bill makes numerous changes to laws governing property tax appraisal and collection. Of specific interest to cities, the bill: (1) provides that a person who turns 65 years of age is automatically entitled to any optional senior homestead tax exemption adopted by the city, provided the appraisal district has records showing the person's age; (2) generally raises the amount a person must pay to redeem tax -foreclosed property; (3) permits attorneys who are also officers or employees of a city to recover attomeys fees, in an amount up to fifteen percent of the delinquent taxes, for executing a property tax warrant; (4) requires that tax bills and collection letters sent by or on behalf of a city give notice of the right of persons over age 65 to apply for a deferral of property taxes; and (5) requires the governing body of a taxing unit to affirmatively authorize the collection of the so-called "early additional penalty" on overdue taxes levied on tangible personal property. H.B. 3101 — Property Taxes: prohibits the filing of plats or replats of land after September 1 of any year unless accompanied by a statement showing that property taxes for the current year have been paid. S.B. 18 — Property Taxes: makes the following changes to property tax law: 1 requires a record vote of the city council to adopt a property tax rate that exceeds the effective rate 2 provides that the motion to adopt a tax rate that exceeds the effective rate must contain certain language. 18 provides that an ordinance adopting a tax rate that will impose maintenance and operations (M&O) taxes greater than in the previous year must contain, in large type, a statement explaining the effect of the proposed tax rate. 4. requires that the home page of a city's Internet Web site contain a notice of an intended property tax increase. as well as a notice of required tax increase hearings. requires two hearings on proposed tax increases, with the second hearing occurring at least three days after the first. 6. requires that tax increase hearings be held whenever the proposed tax rate will exceed the effective rate by any amount, as opposed to three percent, as current law provides. 7. modifies the published notice requirements of the tax increase hearings. 8. keeps the rollback rate at eight percent, but reduces from ten percent to seven percent the rollback petition requirement for a city with an M&O tax levy of $5 million or more. For a city with an M&O levy of less than $5 million, the petition requirement would stay at ten percent. ("Percent" means percent of all registered voters in the taxing unit.) 9. requires that tax bills contain a detailed, five-year history of tax and appraisal information. S.B. 567 — Property Taxes: requires that the published notice of tax increase hearings contain detailed information comparing the previous tax year with the upcoming tax year with regard to total budgetary expenditures, appraised values, taxable values, and outstanding and unpaid bonded indebtedness. S.B. 771— Tax Increment Financing: makes the following changes regarding tax increment financing zones (TIFZ): (I) allows certain open space land in cities over 100,000 population to qualify as a TIFZ; 2 clarifies that certain TIFZ serve a public purpose; (3) provides that the municipal bidding and purchasing laws do not apply to TIFZ expenditures; (4) clarifies that TIFZ, upon approval of the city council, have all the economic development powers of a city under Chapter 380 of the Local Government Code. including grant power; (5) permits the pledge of tax increment to pay the cost of city services within a zone; and (6) permits the city to determine how much tax increment to pledge to zone projects. S.B. 1351— Property Taxes: this bill is substantially the same as H.B. 182, above. S.B. 1652 — Property Taxes: does the following: (1) requires an appraisal district to develop every two years a procedure for reappraising property within the district; (2) exempts certain farm and ranching equipment from property taxes; and (3) exempts certain used automobiles from property taxes when they are present at a dealer less than 60 days. Sales Tax H.B. 3195 — Sales Taxes: permits a city to reduce or repeal an optional city sales tax and increase or institute a different optional city sales tax with one, combined ballot proposition. The bill also provides 19 that (1) the combined proposition must contain substantially the same language as is required for each of the taxes to be raised or lowered; (2) a negative vote has no effect on either tax; and (3) the combined proposition may only be used for elections called by city a council. S.B. 1440 — Sales Taxes: allows a city to pledge sales tax revenue to the repayment of financial securities that finance projects in certain public improvement zones. Purchasing H.B. 664 — Purchasing: authorizes any city with a population of less than 250,000 to give a preference to a local bidder if: (1) the local bid is within five percent of the lowest bid that isn't local, and (2) the city °s governing body finds in writing that the local bid offers the best combination of price and economic development factors such as local employment and tax revenues. H.B. 914 — Purchasing/Conflicts of Interest: requires each member of a municipal governing body to file certain "conflicts disclosure statements." Here are the details: 1 the statement will relate to any person who does business with the city or is being considered by the city for a business relationship: 2. the elected official's statement must identify an employment or other business relationship that the elected official (or any member of the elected official's family) has with any person defined in #1 above, if that relationship results in taxable income for the elected official or a family member; the statement must report whether a person defined in #1 above has given one or more gifts (other than food, lodging, transportation, or entertainment accepted as a guest) with an aggregate value of more than $250 to the elected official or a family member in the previous 12 months; 4. the statement shall be file with the city's "records administrator;" failure to complete and file a statement shall be a Class C misdemeanor; 6_ the Texas Ethics Commission shall develop the disclosure statement form; the municipal governing body may extend these disclosure requirements to some or all city employees; 8. each person who contracts with or begins contract negotiations with a city must also complete a form to be developed by the Texas Ethics Commission; a city shall provide access to disclosure statements on the city's Web site; 10. the Texas Ethics Commission shall develop the disclosure statement forms not later than December 1, 2005; and 11the requirement related to elected official statements goes into effect on January 1, 2006. 2C H.B. 2525 — Construction Procurement: consolidates the alternative procurement and delivery methods available to the state and local governments into one chapter in the Government Code. In addition, the bill: (1) authorizes a governing body to delegate its authority to a designated representative, committee, or other person; (2) authorizes a governmental entity to use any alternative procurement and delivery method, except for "design -build," for a road, bridge, utility, water supply project. water plant, wastewater plant, water and wastewater distribution or conveyance facility, wharf, dock. airport runway or taxiway. drainage project, or related type of project associated with civil engineering construction; (3) provides that a local government corporation created by a city must comply with all state laws related to the design and construction of projects that apply to the creating city: (4) exempts sports and community venue districts. certain joint airport boards, regional mobility authorities, regional transportation authorities, and metropolitan rapid transit authorities from the bill's provisions. H.B. 2661 - Construction Procurement: provides that a city may use the competitive sealed proposal process for the construction of roads, utilities, water utility projects, and certain other projects if the cost of the project is $1.5 million or less. Elections H.B. 57 — Election Dates: makes several changes to election dates and procedures, including: (1) eliminates the first Saturday in February and the second Saturday in September as uniform election dates; (2) for an election held on the May uniform election date, provides that the local canvass must occur not later than the eleventh day after election day and not earlier than the later of: (a) the third day after election day; (b) the date on which the early voting ballot board has verified and counted all provisional ballots; or (c) the date on which all timely received ballots cast from addresses outside of the United States are counted; and (3) for an election held on the May uniform election date, provides that the period for early voting by personal appearance begins on the twelfth day before election day and continues through the fourth day before election day. H.B. 719 — Elections: requires the secretary of state to adopt rules providing for the publication of a notice of voters' rights. The rules require the notice be posted: (1) by an election officer at a prominent place in each polling place; (2) on the Internet Web site of the secretary of state; (3) through material published by the secretary of state; or (4) in another manner designed to give voters notice of their rights. H.B. 2309 — Elections: provides that: I . the authority responsible for having the official ballot prepared shall certify in writing that a candidate is unopposed for election to an office if, were the election held, only the votes cast for that candidate in the election for that office may be counted, 2. the governing body of a city that orders an election is required to deliver notice of the election to the county clerk of each county in which the city is located not later than sixty days before election day; 3. a qualified voter who resides on property located in more than one territory must choose the territory in which the residence is located; 21 4. a social security number, a Texas driver's license number, or the number on a personal identification card issued by the Texas Department of Public Safety furnished on a provisional ballot affidavit is not public information; 5. the tabulation required during election canvassing must include for each precinct the total number voters who cast a ballot for a candidate or for or against a measure in the election; 6. either the county clerk or the presiding officer of the canvassing authority is required to prepare an electronic report of the precinct results as contained in the election register for certain elections held after January 1, 2006, and deliver it to the secretary of state within 30 days after the election; in an election ordered by a city, early voting by personal appearance at the main early voting polling place shall be conducted for at least twelve hours on: (1) one weekday, if the early voting period consists of less than six weekdays; or (2) two weekdays, if the early voting period consists of six or more weekdays; #i the early voting ballot envelope must be placed in a separate container if the ballots are to be counted at a central counting station, or if the procedure for counting early voting votes by personal appearance is different from votes cast by mail; if a resident federal postcard applicant submits information after the required deadline, the applicant is entitled to receive a full ballot to vote by mail for the next election that occurs after the 30`s day after the date the information is submitted within the same calendar year; 10. a federal postcard application is considered to be submitted at the time it is received by the early voting clerk; 11 a declaration of write -in -candidacy must be filed not later than 5 p.m. on the date an application for a place on the ballot is required to be filed; 12 a write-in candidate may not withdraw from the election after the 57th day before the election; and 13. a petition seeking to call an election must include each signer's residence address to be considered valid. S.B. 427 — City Boundary Chante: requires a city that changes its boundaries or the boundaries of the districts used to elect members of the governing body to do the following not later than the 30th day after the change: (1) notify the county voter registrar of the boundary change; and (2) provide the registrar with a map of the boundary changes in a format that is compatible with the mapping format used by the registrar. Others H.B. 256 — Public Funds Investment: permits a city to select a bank located in Texas to invest in certificates of deposit on the city's behalf. 22 H.B. 352 — Hotel Occupancy Tax: makes the following changes to the law regarding hotel tax audits: (1) clarifies the authority of a city attorney to audit hotels that fail to file tax reports with the city; (2) permits the city to recover the costs of the audit from the hotel's owner; (3) permits the city attorney to estimate the amount of unpaid taxes based on the results of the audit, and (4) states that the new authority granted by the bill is in addition to other audit authority under ordinance or charter. H.B. 1232 — Certificates of Obligation: permits the proceeds of certificates of obligation to be used to pay for work clone by municipal employees in two situations: ( I ) the employee was hired specifically to work on the project for which the certificates were issued; or (2) the use of the employee's labor necessitates that the city hire replacement workers to cover that employee's usual duties. H.B. 2039 — Sovereign Immunity: waives a city's sovereign immunity from suit for breach of contract claims. A litigant may not recover consequential or exemplary damages against a city in a suit for breach of contract, nor may attorney's fees be recovered unless there exists a specific written agreement providing for attorney's fees. H.B. 2988 — Sovereign Immunity: provides that statutory prerequisites to a suit, including the provision of notice, are jurisdictional requirements in all suits against a governmental entity. S.B. 1 — State Budget: reduces funding available for local parks grants during the 2006-7 biennium as follows: (1) cuts the transfer of sporting goods sales taxes to the local parks program from $8.14 million per year in 2004-5 to $5.23 million per year in 2006-7; and (2) cuts general fund revenue to the local parks program from $4.87 million per year in 2004-5 to $0.42 million per year in 2006-7. S.B. 495 — Bonds: raises the fee charged by the attorney general for examining and approving public securities, such as bonds or certificates of obligation, from a maximum of $1,250 to a maximum of $9,500_ S.B. 1205 — Library Districts: authorizes multi jurisdictional (city and county) library districts, authorizes such a district to levy a sales tax with approval of voters, and spells out the details relating to governance and operation of the district. OPEN GOVERNMENT H.B. 1285 — Public Information Act: expands the open records exception for audit working papers to include audits required by city ordinance or charter. H.B. 2381 — Open Meetings Notice: provides that if the Open Meetings Act specifically requires or allows a governmental body to post notice of a meeting on the Internet: (1) the governmental body satisfies the requirement that the notice must be posted in a place readily accessible to the general public at all times by making a good -faith attempt to continuously post the notice on the Internet during the prescribed period; (2) the governmental body must still comply with any duty imposed by the Act to physically post the notice at a particular location; and (3) if the governmental body makes a good -faith attempt to continuously post the notice on the Internet during the prescribed period, the notice physically 23 posted at the location prescribed by the Act must be readily accessible to the general public during normal business hours. S.B. 286 — Open Government Training: requires certain public officials to complete open government training. Here are the details: 1 Each elected or appointed member of a governmental body shall complete an open meetings training course of not less than one nor more than two hours. 2. The training must be completed not later than 90 days after the member takes the oath of office or assumes the responsibilities of the office. 3 The attorney general shall ensure the availability of a training videotape at no cost and may approve training by other entities. 4. The entity providing training shall provide a certificate of course completion, and each governmental body shall maintain the certificates of its members. Failure to complete the training does not affect the validity of an action taken by the governmental body. 6. Course completion may not later by used as prima facie evidence of a "knowing" violation of the open meetings act. 7 Each member of a governmental body and each public information officer must complete an open records training course of not less than one nor more than two hours. 8 With regard to open records training, numbers 2. 3, 4, and 6 (above) apply. 9. A public official (for example, a member of a municipal government body) may designate a public information coordinator to satisfy the open records training requirement. 10. The bill becomes effective on January 1, 2006, and any person who is required to take a training course and is in office on January 1, 2006, must complete the required training by January 1, 2007.. S.B. 452 - Open Government: transfers the duties of the Building and Procurement Commission under the pubic information act to the state attorney general. S.B. 623 — Public Information Act: provides that a new request for public information is considered withdrawn if the requestor fails to make a deposit or bond (for unpaid amounts related to previous requests) within ten days after the deposit or bond due date. S.B. 690 — Open Meetings Act: provides that: (1) a city that recesses a meeting until the following regular business day is not required to post additional notice if the action is taken in good faith and not to circumvent the Open Meetings Act; and (2) a city that is prevented from convening an open meeting 24 because of a catastrophe may convene the meeting in a convenient location within 72 hours if the action is taken in good faith and not to circumvent the Act. S.B. 727 — Public Information Act: provides that: 1. a request or must complete an examination of public information not later than the tenth business day after it is made available; 2. if the requestor does not complete the examination of the information within that time, and does not file a request for additional time, the request is considered withdrawn; 1. if a governmental body provides a statement that the information is not available in the requested form, a requestor must respond within thirty days, and if the requestor does not provide a timely written response, the request is considered withdrawn; 4. a governmental body (or any other person or entity) that submits written comments to the attorney general shall send a copy of the comments to the person who requested the information from the governmental body; and 5. the copy of the comments provided to the requestor must be redacted if it discloses or contains the substance of the information requested. S.B. 1133 — Public Notice: requires: (1) a city or an economic development corporation that maintains an Internet Web site to post meeting notices on its Web site; and (2) a city with a population of 48,000 or more, or an economic development corporation in a city with a population of 48,000 or more, to post the agenda on its Web site. The bill also provides that technical problems beyond the control of a city or economic development corporation will not affect the validity of a posted notice or agenda made in good faith. S.B. 1485 — Social Security Numbers: provides that the social security number of a living person is excepted from the disclosure requirements of the public information act. MUNICIPAL COURTS H.B. 703 — Traffic Offenses: this bill allows a judge to require a defendant in a misdemeanor traffic case to pay a fee of $10 for the city to obtain a copy of the defendant's driving record when the defendant requests a driver safety course dismissal. (Note: this procedure would be in lieu of current taw, which requires the defendant to obtain the driving record through his own efforts.) This bill also requires a city that collects the $10 fee to forward the revenue to the state comptroller. H.B. 969 — Discovery: provides that, upon motion of a defendant in municipal court, the court shall order that the prosecutor produce most evidence materially related to any matter involved in the action. 25 H.B. 1116 — Sunset Commission: requires the Sunset Conunission, as part of its review of criminal justice agencies for the 2007 legislature, to study the purpose, collection, and use of certain criminal court costs and fees. H.B. 1575 — Juvenile Delinquency: authorizes a city council to: (1) employ juvenile case managers to assist in administering the municipal court's juvenile docket; and (2) assess a $5 court fee against minors convicted of fine -only offenses to fund the new case managers' salaries. H.B. 1751 — Court Fees: provides that, if a court requires a defendant to make restitution through installment payments, the court may require the defendant to pay a one-time restitution fee of $12, $6 of which the court shall retain for costs incurred in collecting the installments and $6 of which the court shall order to be paid to the compensation to victims of crime fund. H.B. 2193 — Court Fee/Community Supervision: imposes a new $50 (fifty -dollar) court cost on each conviction in municipal court of an offense under Chapter 49 of the Penal Code (intoxication) or Chapter 481 of the Health and Safety Code (controlled substances), allows the city to keep $5, and requires the city to remit $45 to the state comptroller to be used for drug court programs. H.B. 2470 — Traffic Fines: provides: (1) for the repeal of the expiration date on the $30 state traffic fine; (2) for the repeal of the expiration date for the funding of trauma care and the state's general revenue fund through the $30 traffic fine and the Texas Driver Responsibility Program; and (3) that a citation issued for a traffic offense shall include the following statement: "A conviction of an offense under a traffic law of this state or a political subdivision of this state may result in the assessment on your driver's license of a surcharge under the Driver Responsibility Program." S.B. 737 — Overweight Vehicles: authorizes to municipal court jurisdiction over overweight vehicle violations regardless of the fine amount. S.B. 1005 — Deferred Disposition: requires an individual under the age of 25 who is convicted of a moving violation and seeks a deferred disposition to: (1) complete a driving safety course during the deferral period of his or her sentence; (2) if the defendant holds a provisional license, pay ten dollars to the Department of Public Safety to take an examination that demonstrates the ability to exercise ordinary and reasonable control in the operation of a motor vehicle of the type that the applicant is licensed to operate. The bill also provides that, if the defendant fails to complete the safety course and examination within the deferral period, the judge in the case shall impose the entire fine assessed against the individual. S.B. 1704 — Court Fee/Jury Pay: imposes a new $4 (four -dollar) court cost on each conviction of any offense (other than a pedestrian or vehicle -parking offense) in municipal court, and requires the city to remit the revenue to the state to be used for increased jury pay. S.B. 1863 — Municipal Court: requires a city with a population of greater than 100,000 to: (1) implement a program to improve collection of court fines and fees; (2) submit an annual report to the Office of Court Administration; and (3) submit to periodic program audits by the state comptroller. The hill also provides that: (I) a city is entitled to retain a collection fee only if the comptroller's office determines that the city's collection program complies with state requirements; and (2) a city that does 26 not implement a program shall send 100 percent of any $25 time payment fees collected by the city to the comptroller. REGULATION OF DEVELOPMENT H.B. 265 — Buildine Permits: requires a city to either grant, deny, or provide written notice to an applicant stating the reasons that the city has been unable to act on a building permit within 45 days after an application is submitted. A city that chooses to provide the written notice must either: (1) grant or deny the permit not later than the 30`h day after the date the notice is received; or (2) either not collect or refund any fees associated with the permit. H.B. 1772 — Annexation: authorizes certain Type A general law cities to annex an area that is entirely surrounded by the city without the consent of the owners or residents of the area. The bill also provides that a Type A city may not unilaterally annex land that has an agricultural tax exemption unless: (1) the city offers to make a development agreement with the landowner that would guarantee the continuation of the extraterritorial status of the area; and (2) the landowner declines to enter into such an agreement. H.B. 1835 — Development Exactions: provides that: (1) if a city requires a developer to bear a portion of certain infrastructure costs as a condition of plat approval, the developer's portion of the cost must be roughly proportionate to the proposed development as approved by a licensed professional engineer who is retained by the city; (2) a developer may appeal the engineer's decision to the governing body and then to a county or district court; (3) a developer (but not a city) who prevails in an appeal is entitled to costs and attorneys fees; and (4) the bill's provisions apply retroactively. H.B. 3461— Development Moratoria: requires a city, prior to imposing a moratorium on commercial development, to comply with certain procedures that previously applied only to a moratorium on residential development, including: (1) notice and hearing prior to the adoption of the moratorium; (2) a requirement that a moratorium may be imposed only if a city council makes written findings that the moratorium is needed to prevent a shortage of public facilities; and (3) a moratorium duration of 90 days, which can be extended to a maximum of 180 days following a second hearing and further written findings. In addition, the bill allows a moratorium on commercial development that is not based on a shortage of public facilities if a city issues written findings based on reasonably available information that applying existing commercial development ordinances or regulations is inadequate to prevent the new development from being detrimental to the public health, safety, or welfare of the residents of the cit‘ S.B. 574 — Permit Vesting: provides that a city: (1) may not enforce landscaping, tree preservation, open space, or park dedication regulations against the holder of a vested permit; (2) may not enforce zoning regulations that affect property classification against the holder of a vested permit; (3) may place on a project an expiration date that is no earlier than the fifth anniversary of the date the first permit application was filed for the project, if no progress has been made toward completion of the project; (4) may place an expiration date of not less than two years on an individual permit if no progress has been made toward completion of the project and (5) does not have immunity from suit for an action regarding a vested permit. 27 S.B. 848 – Permit Vesting: makes several changes to the "permit vesting" statute, including: (1) expands the definition of a permit for which a developer's rights would `best" under current regulations to include a contract or other agreement for the construction or provision of a city -owned or city - controlled utility; (2) provides that a permit vests when the original application for a permit is filed for review for any purpose, including review for administrative completeness, or when a plan for development of real property or a plat application is filed; (3) provides that an application or plan is considered filed on the date the applicant delivers the application or plan to the city or deposits the application or plan with the United States Postal Service by certified mail addressed to the city; and (4) authorizes a city to provide that a permit application expires on or after the forty-fifth day after the date the application is filed if the application is incomplete. the city provides notice, and the applicant fails to respond. S.B. 1458 – Building Codes: provides that: (1) the International Building Code is adopted as the municipal building code in Texas for commercial and multi -family construction; (2) a city may establish procedures to adopt local amendments to the International Building Code and for the administration and enforcement of the code; (3) a city that has adopted a more stringent commercial building code before January 1, 2006, is not required to repeal that code and may adopt future editions of that code; and (4) the National Electrical Code applies to all commercial buildings in a city for which construction begins on or after January 1, 2006, and to any alteration, remodeling, enlargement, or repair of those commercial buildings. ECONOMIC DEVELOPMENT H.B. 551 – Economic Development: adds telephone call centers to the list of eligible 4A and 413 economic development corporation projects. H.B. 918 – Economic Development: permits city economic development grants that benefit areas in a city's extraterritorial jurisdiction or in areas annexed for limited purposes. H.B. 2755 – Economic Development: expands the list of permissible projects for 4B economic development corporations in cities with less than $50,000 in 4B sales tax revenue for each of the prior two years, by including a project that promotes new or expanded business development, if the city council approves the project after two separate readings. H.B. 2928 - Economic Development: expands the list of permissible projects for 4A and 4B economic development corporations as follows: (1) for 4A and 4B corporations—sewer utilities and infrastructure site improvements; (2) for 4B corporations in cities of less than 20,000 population—projects that promote new or expanded business development (provided that any project in excess of $10,000 receive prior council approval after two separate readings); (3) for 4B corporations in "landlocked cities" (where landlocked is defined as a city located in a county of two million population or more with less than 100 acres within the city or ETJ eligible for manufacturing development) projects that promote new or expanded business development; (4) for 4A and 4B corporations within 25 miles of Mexico—airport facilities; and (5) for 4A and 4B corporations within 25 miles of Mexico, with greater than average unemployment, and in a city of less than 50,000 population—any project. 28 H.J.R. 80 — Chanter 380 Grants: proposes an amendment to the Texas Constitution which, if approved by the voters on November 8, 2005, will clarify that economic development grants made pursuant to Chapter 380 of the Local Government Code do not constitute municipal debt under the Texas Constitution, unless the grants are secured by property taxes or financed by bonds. S.B. 466 — Economic Development: permits any city to create a municipal development district (MDD). (Under current law, only cities located in more than one county may create an MDD. An MDD may levy a sales tax to be spent on various 4A and 4B projects, as well as convention centers and civic center hotels.) The bill also allows an MDD to encompass portions of the city's ETJ. S.B. 1199 — Sales Taxes/Tax Increment Financing: permits cities to pledge sales tax increases to fund projects in tax increment finance zones. S.B. 1730 — Economic Development: permits a city to pledge property taxes to pay for certain venue projects that are also funded by hotel occupancy taxes. PERSONNEL H.B. 7 — Worker's Compensation: this is an exhaustive (184 -page) rewrite of workers' compensation law in Texas. It has the following major provisions: I. the Workers' Compensation Commission is abolished; the system will be governed by a workers' compensation commissioner who will head a new division within the Texas Department of Insurance (TDI). 2. a newly created Office of Injured Employee Counsel will serve as an advocate for injured workers, a. the commissioner shall continue to maintain a list of approved doctors. h. the cap on weekly benefits will be increased by up to 12 percent. the bill authorizes the establishment of workers' compensation health care networks for treating injured workers. A network may contract with or be established by insurance carriers, employers, or governmental entities that self -insure. 4, employers may obtain workers' compensation health care services for their injured workers through a health care network. 5. the bill establishes rate hearings for workers' compensation rates and allows TDI to determine if rates are excessive and to order a rollback in rates. 29 b the bill also establishes a dispute resolution process for indemnity benefits. H.B. 148 — Civil Service/Probationary Period: provides that in a city (other than Houston) covered by Chapter 143 of the Local Government Code (fire/police civil service), the civil service commission may extend the probationary period by up to six months for a person who: (1) must attend basic training for initial certification as either a peace officer or firefighter, and (2) is not employed in a collective bargaining or meet and confer city . H.B. 150 — Civil Service Commission: provides that in a city which is under 1.5 million in population and is covered by Chapter 143 of the Local Government code (fire/police civil service), the city's chief executive may appoint a person to consecutive terms on the civil service commission, except that a person may not be appointed to a fourth or subsequent term without a two-thirds majority vote of approval by the governing body. H.B. 304 — Meet and Confer: authorizes certain cities and police officer associations to meet and confer Here are the details: Che bill applies to a city with a population of 50,000 or more and to a city that has adopted Chapter 143 of the Local Government Code (fire/police civil service), except that it does not apply to a city that has adopted Chapter 174 of the Local Government Code (collective bargaining), nor to Austin, Houston, or Dallas. 2. If a municipal governing body receives from a police officer association a petition signed by a majority of the police officers requesting recognition as the sok bargaining agent for police officers, the governing body shall either: a. recognize the association and meet and confer with it, or b. order a certification election on the question of whether the association represents a majority of the affected police officers, or c order an election by the city's voters on the question of whether the association and the city may meet and confer. If a certification election (see above) reveals that the association does in fact represent a majority of the police officers, the city shall either: a. recognize the association and meet and confer with it, or b. order an election by the city's voters on the question of whether the association and the city may meet and confer. 4. If the city council calls for an election of the people: (a) the election must be held at the next regularly scheduled election for municipal officials, and (b) there may not be another election on the same topic for at least two years. 30 I'he bill also lays out a procedure under which the police officers may change the recognition of an association. The hill prohibits strikes by police officers. 7 Neither a public employer nor a police officer association is required to meet and confer. 8. If a city and a police officer association meet and confer, they may discuss wages, salaries, hours of work, and other terms and conditions of employment. 9 A meet and confer agreement must be in writing and is binding only after both the municipal governing body and the recognized police officer association ratify the agreement. 10. While an agreement is in effect, there may be no popular election to adopt Chapter 143 (civil service) or Chapter 174 (collective bargaining). 11 A proposed meet and confer agreement shall become a public document when it is ready to be ratified by the municipal governing body. 12. The meet and confer agreement may establish a procedure (including binding arbitration) by which the parties will resolve disputes, and a state district court will have jurisdiction to hear and resolve a dispute under the agreement. 13. A municipal governing body that granted itself the authority to meet and confer may withdraw that authority and notify the police association that any written agreement will not be renewed. 14. A municipal governing body that was granted authority to meet and confer through a popular vote may, after two years, call for an election to determine if the governing body may continue to meet and confer. 15. If, before the agreement has been in effect for 60 days, the city receives the appropriate repeal petition signed by a number of voters equal to at least ten percent of the votes cast at the most recent general election, the governing body shall either: a. repeal the meet and confer agreement. or b. call for an election on the question of repealing the agreement. 16. A meet and confer agreement preempts contrary state statues, local ordinances, civil service rules, and the like. 17. For any disciplinary appeal, an officer may be represented by the police officer association or any other person. H.B. 639 — Complaints Azainst Public Safety Employees: provides that a fire chief or police chief may not consider a complaint unless the complaint is in writing and signed by the person making the 31 complaint. Ile bill also provides that the person who is the subject of the complaint must be given a copy of the complaint. Finally, the bill prohibits a chief from indefinitely suspending or terminating the person who is the subject of a complaint unless the complaint is investigated and the chief finds evidence to prove the allegation of misconduct. H.B. 1126 — Emergency Medical Services (EMS) Personnel: provides that in a city covered by Chapter 143 of the Local Government Code (fire/police civil service), a fire department employee whose primary duties are to provide EMS is considered to be a firefighter and to be entitled to civil service protection under Chapter 143. H.B. 1213 — Civil Service/Fitness Pay: provides that in a city covered by Chapter 143 of the Local Government Code (fire/police civil service), the city council may authorize "fitness incentive pay" for police officers and firefighters. H.B. 1485 — Health Benefit Mandate: provides that most health benefit plans that provide coverage for diagnostic medical procedures must provide to each enrolled woman who is 18 years of age or older coverage for an annual exam for the early detection of cervical cancer. H.B. 1913 — Civil Service Adoption: provides that a city of 10,000 or more with a paid fire department or paid police department may, by a vote of the people, adopt Chapter 143 of the Local Government Code (fire/police civil service). (Note: current law requires a paid fire department and a paid police department.) H.B. 2640 — Civil Service Coverage: provides that in a city covered by Chapter 143 of the Local Government Code (fire/police civil service), a "firefighter" is a fire department employee whose position requires substantial knowledge of firefighting and who has met the requirements to be certified as a firefighter, but doesn't include "a secretary, clerk, budget analyst, custodial engineer, or other administrative employee". H.B. 2892 — Meet and Confer: this bill is virtually identical to H.B. 304 (above), except that where H.B. 304 relates to police officers, this bill relates to firefighters. Affected cities (there are roughly 100 affected cities) will want to see the description of H.B. 304. H.B. 3200 — Retirement Benefits: provides that a governmental employer is not permitting an employee to receive retirement benefits from more than one system or program if: (1) the employer participates in the Texas Municipal Retirement System, and (2) sponsors a supplemental plan that was established before January 1, 2005, and is funded by the employer, employee, or both. H.B. 3409 — Civil Service Adoption: provides that under Chapter 143 of the Local Government Code (fire/police civil service), the determination of whether a city has a population of 10,000 or more is based on the most recent record of: (1) a federal census, or (2) an estimate provided by the state demographer. The bill also provides that if a city that has adopted Chapter 143 loses population and goes under 10,000, the application of Chapter 143 shall not be affected. S.B. 310 — Disease/lllness Presumption: creates a presumption that certain diseases or illnesses suffered by a firefighter, an emergency medical technician, or a certified and "actively serving" 32 volunteer firefighter are work-related. A presumption will trigger workers' compensation benefits. Here are the details I . The bill applies to a firefighter or EMT who: (a) received a physical exam when first employed or during employment that did not reveal the illness or disease for which presumption benefits are sought, (b) has been employed as a firefighter or EMT for five years or more, and (c) seeks benefits for a disease or illness discovered while employed as a firefighter or EMT. _'. The bill defines "actively serving" as a volunteer firefighter as participating in 40 percent of the drills and 25 percent of the fire/emergency calls. The bill provides that the presumption will not apply if the disease or illness for which benefits are sought is known to be caused by the use of tobacco and the claimant is or has been a user of tobacco, or the claimant's spouse has, during the marriage, been a smoker. 4 The presumption established by the bill will apply to total or partial disability or death resulting from an immunization against smallpox or other disease to which the firefighter or EMT may be exposed during the course and scope of employment. The presumption will also apply to tuberculosis or other respiratory illness that has a positive correlation with service as a firefighter or EMT and results in total or partial disability or death. O. The presumption will also apply to a cancer that results in total or partial disability or death if the firefighter or EMT: (a) regularly responded to calls involving fires or firefighting; (b) regularly responded to events involving release of radiation or carcinogens; (c) has a cancer known to be associated with firefighting or exposure to heat, smoke, radiation, or a known carcinogen. '. The presumption will also apply to an acute myocardial infarction or stroke that: (a) results in disability or death, and (b) occurs while the claimant is on duty and engaged in non -routine stressful or strenuous physical activity involving fire suppression, rescue, emergency medical services, and the like. 8. The bill provides that a presumption established by the bill may be rebutted through a showing by a preponderance of the evidence that a cause not associated with a person's service as a firefighter or EMT caused the condition for which benefits are sought. 9. The bill provides that no payment shall be made to the subsequent injury fund for a death resulting from a disease or illness presumed to have been contracted in the course and scope of employment. S.B. 522 — Texas Emergency Services Retirement System: enacts major changes to the statute that establishes this retirement fund, which is currently actuarially unsound. Among the changes are the following: (1) allows the system's governing board to change the calculation of retirement benefits, except for current retirees; (2) allows the board to change vesting periods; (3) allows the board to request additional funds from participating departments; (4) allows the board to increase minimum, monthly contributions from participating members. (Note: this description is not intended to be 33 exhaustive. Any city with a department that participates in this retirement system should seek additional information from the system.) S.B. 716 — Payroll Deductions: requires a city with a population of more than 10,000 to make a payroll deduction for payment of an employee association's monthly dues if requested by a police officer and if the city permits deductions for purposes other than charity, health insurance, taxes, or other purposes required by law. (Note: this bill applies to police officers in the same way that a 2003 bill applies to firefighters. A city may charge a reasonable fee for providing these payroll deduction services.) S.B. 1050 — Civil Service/Promotions: amends Chapter 143 of the Local Government Code +fire/police civil service) as follows: I . the civil service commission (except in Houston) may extend the probationary period for up to six months for a person who: (a) must attend basic training for initial certification as either a police officer of firefighter., and (b) is not employed in a collective bargaining or meet and confer city. (Note: in this way, S.B. 1050 duplicates H.B. 148 above.) 2 a firefighter cannot be placed on a promotion eligibility list unless he/she scores a passing grade on the written exam, regardless of seniority points. 1. a firefighter must score at least 70 on the written exam to be determined to have passed the exam 4. a vacancy in a firefighter position occurs on the date the position is vacated by resignation, retirement, death, promotion, or issuance of an indefinite suspension. 5 _ a person who is bypassed for promotion shall be given a written reason for the bypass and may request a review of the bypass by a third party hearing examiner. S.B. 1433 — District Firefighters: this bill applies to firefighters employed by: (1) an emergency services district with a population of 30,000 or more, or (2) an entity created under an interlocal agreement between two or more political subdivisions. To those firefighters, the bill extends the following benefits: payroll deductions for employee association dues (Section 141.008 of the Local Government Code); 2. longevity pay (Section 141.032); 3. classification pay (Section 141.033); 4. the right to petition for increased salaries (Section 141.034); 5. the benefits provided by the Chapter 142 sections relating to hours of labor, vacation, compensatory time, hospitalization, liability insurance, salary continuation, and court appearance; and 34 b. a complicated disciplinary action appeal process that appears to based on Subchapter D of Chapter 143, relating to discipline, appeals, hearing examiners, and more. PUBLIC SAFETY H.B. 616 — Tort Claims Act: the bill: (1) limits a city's civil liability for off-road motorcycling and off-road automobile driving, bicycling and mountain biking, disc golf, on -leash and off -leash walking of dogs, and soap box derby racing on premises operated by a city for that purpose; and (2) requires the city to place a specified warning in a conspicuous location on the premises. H.B. 825 — Animal Control: makes it an offense to interfere with an animal control officer while the officer is engaged in duties relating to the treatment or regulation of animals. H.B. 867 — Sex Offenders: this is a lengthy (101 -page) bill relating to the registration and supervision of sex offenders. Many sections are of little or no interest to city officials, but it is notable that the bill repeals the requirement that a local law enforcement agency publish notice in a newspaper when a registered sex offender moves into the law enforcement agency's jurisdiction. H.B. 970 — Municipal Court: prevents a city ordinance that imposes a fine in excess of $500 from dispensing with the requirement of a culpable mental state in the definition of the offense. H.B. 1596 — Scooters: specifically authorizes a city to prohibit motor -assisted scooters on a street, highway, or sidewalk if the city finds it is necessary in the interest of safety; and provides authority for a person to operate a scooter on a path set aside for the exclusive operation of bicycles, or on a sidewalk. H.B. 1690 — Nuisance: elevates the mental state required to convict an alleged violator of the civil nuisance enforcement statute (Chapter 125 of the Texas Civil Practice and Remedies Code) from "knowingly maintains" a place to which persons go to engage in activities that constitute a nuisance such as prostitution and drug offenses, to "knowingly maintains...and...knowingly tolerates the activity and furthermore fails to make reasonable attempts to abate the activity..." H.B. 3111 — Emereencv Declaration: authorizes the mayor of a city to order an evacuation from an area and to control the ingress and egress to and from a disaster area, if the officer considers the action necessary for the preservation of life or other disaster mitigation, response, or recovery. S.B. 6 — Child and Adult Protective Services: this is a comprehensive bill that reforms the state's child protective services and adult protective services. Most of the legislation is not directly city -related, but with regard to child protective services, the bill: (1) provides that the Department of Family and Protective Services shall consult with law enforcement agencies to develop investigation protocols; (2) allows a law enforcement officer to take possession of a child without a court order if the officer determines that certain dangerous conditions exist; (3) requires an officer to report certain information to the Texas Crime Information Center; and (4) provides that, to the extent possible, the department and the appropriate local law enforcement investigators in any given county shall colocate in the same offices. 35 S.B. 9 — Homeland Security: provides that: (1) the office of the governor shall, with input from first responders, develop and administer a plan to design and implement a statewide integrated public safety radio communications system that promotes interoperability within and between local, state, and federal entities; (2) if government units contract to furnish or obtain public safety services, the governmental unit that would have been responsible for furnishing the services in the absence of the contract is responsible for any civil liability; and (3) notwithstanding #(2), the parties to a contract may assign responsibility for civil liability in any manner agreed to by the parties if such assignment of responsibility is part of the written agreement. S.B. 245 — Charitable Solicitations: requires a city to permit a city employee to stand in a roadway to solicit charitable contributions if the employee submits to the city: (1) a written application and; (2) proof of liability insurance in an amount of not less than $1,000,000. In addition, the city may require the employee to: (1) obtain a permit or (2) pay a reasonable fee before engaging in such activity. S.B. 399 — Fines and Penalties: provides that neither a person who is an employee of a real property owner nor a company that manages the property is personally liable for criminal or civil penalties resulting from a violation of a city ordinance if: (1) the city has issued a certificate of occupancy or a certificate of completion for the property; and (2) the employee or management company provides the owner's name, street address, and phone number to the city official who issues the citation or that official's superior. The bill also provides that if the property owner's address is not in Texas, the employee or management company is considered the owner's agent for accepting service of the citation _If violation. S.B. 480 — Pipelines: prohibits a city from assessing a charge for the placement, construction, maintenance, repair, replacement, operation, use, or removal of a hazardous liquid, carbon dioxide, or gas pipeline facility on, along, or across a public right-of-way. The bill also: (1) authorizes a city to assess a reasonable, annual charge for the use of the public rights-of-way that are maintained by the city for a hazardous liquid, carbon dioxide, or gas pipeline facility; (2) authorizes a city to recover the reasonable cost of repairing damage to the public rights-of-way located within the city and maintained by the city that is caused by the placement of a pipeline facility if the owner or operator of the facility does not repair the damage in accordance with the city's standards; (3) provides that the owner or operator of a pipeline facility may appeal a city's assessment of a charge to the Railroad Commission; 4) requires a city to file suit to collect a charge not later than the fourth anniversary of the date the charge becomes due; and (5) authorizes a city to require the relocation of a pipeline facility for a city project at the owner's expense, unless the pipeline facility is authorized by a property right that has priority over the city's right to use the public way for the city facility. S.B. 568 — Alarms: this bill addresses both security alarms and personal emergency response systems. With regard to security alarms, the bill provides that: (1) revenue from alarm permits must be used for administration of alarm responses; (2) a permit fee may not exceed $50 for residential location; (3) a city may not terminate law enforcement responses to a permit holder because of excess false alarms, but may revoke or refuse to renew a permit for an alarm system that has had eight or more false alarms in the previous year; (4) a city may impose a fine of $50 for 4-5 false alarms in one year, $75 for 6-7 false alarms. and $100 for eight or more false alarms; (5) a city may require an alarm system monitor to attempt to contact the occupant of an alarm system location twice before the city responds; (6) a city may not adopt a non -response policy unless it attempts to notify permit -holders and conducts a public 36 hearing; (7) a city that adopts a non -response policy may not impose any fee, fine, or penalty related to alarms; (8) a city that doesn't respond to an alarm is not responsible for damages; (9) an alarm system company must provide customers with information relating to local ordinances and alarm system operation, and must inform the city of alarm system installations; and (10) a city may not refuse to issue an alarm permit for a residential location solely because it is an apartment. A "personal emergency response system" (PERS) is an alarm system that is installed in a residence, monitored by an alarm company, and designed only to permit a person to signal the occurrence of a medical or personal emergency so that the alarm company may signal and summon appropriate aid. With regard to PERS, this bill provides that a city: (1) may not require a license, permit, fee, tax, or bond to engage in the PERS business; (2) may not charge a fee for the use of the city's public facilities; (3) may charge a reasonable fee to use a central alarm installation in a police office; (4) may charge a reasonable fee to inspect a device that causes at least five false alarms in a 12 -month period; and (5) may require discontinuation of service from such a malfunctioning device until it is repaired. S.B. 734 — Weapons: prohibits a city from applying a regulation relating to the discharge of firearms or other weapons outside its city limits or in an area annexed by the city after September 1, 1981, if the firearm or other weapon is: (1) a shotgun, air rifle or pistol, BB gun, or bow and arrow that is discharged on a tract of land of ten acres or more and more than 150 feet from a residence or occupied building located on another property in a manner not reasonably expected to cause a projectile to cross the boundary of the tract; (2) a center fire or rim fire rifle or pistol of any caliber that is discharged on a tract Of land fifty acres or more and more than 300 feet from a residence or occupied building located on another property in a manner not reasonably expected to cause a projectile to cross the boundary of the tract. S.B. 757 — Pawnbroker Information: this bill: (1) authorizes a chief law enforcement officer to place holds on property in possession of a pawnbroker when the officer has a reasonable suspicion the property has been misappropriated; (2) requires pawnbrokers who generate computerized pawn and purchase tickets to transmit all information to a law enforcement agency in an authorized format; and (3) requires law enforcement agencies to pay fees to access certain electronic pawn information. S.B. 1195 — Consent Searches: provides that a police officer may not conduct a "consent" search of a vehicle unless the vehicle's operator signs a written consent form or provides oral consent that is evidenced by an appropriate video or audio recording. S.B. 1224 — Tort Claims Act: limits the liability of a city for damages arising from: (1) bicycling and mountain biking; (2) disc golf; and (3) on -leash and off -leash walking of dogs if such an activity takes place on premises owned or maintained by the city. S.B. 1473 — Police Training: requires that both police chiefs and police officers receive training on de- escalation and crisis intervention techniques to facilitate interaction with persons with mental impairments. 37 UTILITIES, TRANSPORTATION, AND ENVIRONMENT H.B. 951 — Pipelines: the city -related provisions of this bill are essentially identical to S.B. 480, above. H.B. 2650 — Turnpike Proiects: authorizes a city to enter into an agreement with the Texas Department of Transportation (TxDOT), a private entity, or a regional mobility authority to assist in financing the construction, maintenance, and operation of a turnpike project located in the city's jurisdiction, in return for a percentage of the revenue from the project when the agreement is approved by 1'xDOT and the revenue is used for transportation purposes. H.B. 2653 — Tax Increment Financing: permits the expenditure of tax increment to acquire land for certain transportation projects located outside a tax increment reinvestment zone. H.B. 2702 — Transportation: this is the session's omnibus transportation bill governing regional mobility authorities and the Trans -Texas Corridor. Among many other things, the bill: 1, provides that the Texas Department of Transportation (TxDOT) and a public utility shall share equally the cost of the relocation of a utility facility that is made after September 1, 2005, and before September 1. 2007, and that is: (a) required by the improvement of a nontolled highway to add one or more tolled lanes; (b) required by the improvement of a nontolled highway that has been converted to a turnpike project or toll project; or (c) required for the construction on a new location of a turnpike project or toll project or the expansion of such a turnpike project or toll project. 2. grants local voters an opportunity to vote on the conversion of a state highway to a toll road at an election paid for by the affected local government. prohibits the operation of a "pocket bike" (mini -motorbike) on a public highway, road, or street or a bicycle path. 4. prohibits a judge from granting deferred adjudication to a commercial driver's license holder for a moving violation. 5 _ authorizes TxDOT and a public or private entity to contract with an agency of this state or a local government for the services of peace officers employed by the entity to enforce laws related to the regulation and control of vehicular traffic on a state highway and the payment of the proper toll on a toll project 6. authorizes a regional tollway authority or regional mobility authority to transfer any of its projects to one or more local governmental entities under certain circumstances. 7. transfers state regulatory authority over railroads from the Texas Railroad Commission to TxDOT 38 8. authorizes a political subdivision to consent to the use of its property for state highway purposes without the necessity of bidding or other procedures. 9. authorizes TxDOT to enter into an agreement with a public entity to permit the entity to design, develop, finance, construct, maintain, repair, or operate a toll project. H.B. 2876 — Certificates of Convenience and Necessity (CCN): amends several provisions relating to the issuance, amendment, and repeal of a certificate of public convenience and necessity (CCN) for water service. Of particular interest to cities, the bill: . prohibits the Texas Commission on Environmental Quality (TCEQ) from granting a CCN to a retail public utility for a service area within the boundaries or extraterritorial jurisdiction (ETJ) of a city with a population of 500,000 or more without the consent of the city. . provides that: (a) a city described in number (1) may not unreasonably withhold consent, and (b) as a condition of the consent, the city may require that all water and sewer facilities be designed and constructed in accordance with the city's standards for facilities. . requires TCEQ to grant a CCN application if a city has not consented before the 180`h day after the city receives notice of the application. but only if TCEQ finds that the city: (a) does not have the ability to provide service; or (b) has failed to make a legally binding commitment with landowners of sufficient available funds to provide service on reasonable terms and conditions. 4 . provides that, if a city extends its ETJ to include an area certificated to a retail public utility, the retail public utility may continue. and extend service in its certificated area under the rights granted by its certificate.. . prohibits TCEQ from extending a city's CCN beyond its ETJ without the written consent of the landowners who own the property in which the certificate is to be extended. b . provides that any portion of any city's CCN that extends beyond the ETJ without the consent of the landowner is void. provides that. for an area that is within the boundaries of a city, any retail public utility certified or entitled to certification may continue and extend service in its service area pursuant to the rights granted by its certificate, unless the city exercises its power of eminent domain to acquire the property of the retail public utility. In addition, the bill: adds landowners in the area of a CCN to the definition of "affected persons," which would entitle them to participate in certain Texas Commission on Environmental Quality (TCEQ) proceedings. requires TCEQ to give notice to each owner of a tract of land that is at least 50 acres and is wholly or partially included in an area proposed to be included in a CCN. 39 . requires a CCN applicant to possess the financial, managerial, and technical capability to provide continuous and adequate service. 4 . provides that, in order to obtain a CCN or an amendment to a CCN: (a) a public utility or water supply or sewer service corporation shall submit to the TCEQ a map separately illustrating its facilities tier production, transmission, and distribution of its services; and (b) each certificated retail public utility shall file a map showing any facilities. customers, or area currently being served outside its certificated areas. requires a CCN application to contain: (a) a statutorily -mandated description of the proposed service area; (b) a description of any requests for service in the proposed service area; (c) a capital improvements plan, including a budget and estimated timeline for construction of all facilities necessary to provide full service to the entire proposed service area; (d) a description of the sources of funding for all facilities; (e) to the extent known, a description of current and projected land uses, including densities; (f) a current financial statement of the applicant; (g) according to the tax roll of the central appraisal district for each county in which the proposed service area is located, a list of the owners of each tract of land that is at least 50 acres: and (h) any other item required by TCEQ. . authorizes a landowner who owns a tract of land that is at least 25 acres and that is wholly or partially located within a proposed service area to elect to exclude some or all of his property from the proposed service area. authorizes TCEQ on its own motion or on receipt of a petition from the owner of a tract of land that is at least 50 acres and is not in a platted subdivision actually receiving water or sewer service to revoke or amend any CCN if the certificate holder has never provided, is no longer providing, or is incapable of providing service . requires TCEQ to adopt rules to ensure that a decertified retail public utility receives adequate compensation for its facilities. H.B. 2949 — Emergency Plans: authorizes the Texas Commission on Environmental Quality to issue an emergency order authorizing immediate action for the repair or replacement of certain roads, bridges, or other infrastructure improvements made necessary by a catastrophe. S.B. 408 — Public Utility Commission: this is the Public Utility Commission (PUC) sunset bill. The bill will do the following: (1) continue the PUC until September 1, 2011; (2) provide that the PUC shall develop and implement a policy to encourage the use of negotiated rulemaking procedures and alternative dispute resolution procedures; (3) raise the allowable administrative penalty against a regulated entity from $5,000 to $25,000; (4) provide that an independent systems operator (ISO) is directly responsible and accountable to the PUC; (5) add a representative from a municipally -owned utility to an ISO's governing body; (6) require that ISO meetings must be open to the public; and (7) provide for recusal of ISO board members who have a conflict of interest. 40 LEGISLATION FROM SECOND SPECIAL SESSION 2H.B. 11— Court Costs: increases state judges' salaries and pays for those salary increases, in part, by imposing a four -dollar court cost on any person convicted of any offense (other than a pedestrian or parking offense) in municipal court. The city shall retain $.60 of each fee to be used for crime enforcement; the remaining $3.40 is remitted to the state. 2S.B. 5 — Telecommunications: makes numerous changes to telecommunications, cable, and broadband laws. Specifically, the bill: 1. creates a statewide cable and video franchise to be administered by the Public Utility Commission (PUC). 2. requires an entity seeking to provide cable or video service in Texas after September 1, 2005, to file an application with the PUC for the state -issued certificate of franchise authority. 1. provides that an entity providing cable or video service pursuant to a franchise agreement with a city may not seek a state franchise until the expiration of the existing franchise agreement. However, non -incumbent cable service providers that serve fewer than 40 percent of the total cable customers in a particular municipal franchise area may elect to terminate the existing franchise agreement and move to a state -issued certificate of franchise authority if they do so by January 1, 2006. 4 requires the PUC to issue a certificate of franchise within 14 business days of the receipt of an application provided that, among other things, the applicant: (a) agrees to comply with all federal laws and regulations; (b) agrees to comply with all city regulations regarding the use of the public rights-of-way (ROW), including the police powers of the city; and (c) provides a description of the service area footprint to be served. provides that a state -issued certificate of franchise shall contain a grant of authority to use a city's ROWs, subject to the police powers of a city. n provides that the certificate of franchise is fully transferable to successors in interest. provides that a condition of issuance of a statewide franchise is that the obligations of the entity providing cable or video service continue to be honored, paid, or performed just as though the entity continued to operate under its prior franchise. 8 requires a statewide franchise holder to make a quarterly payment to each city in which it provides service; and that the payment be equal to five percent of gross revenues, as that term is defined in the bill, earned by the franchise holder in that city. authorizes the state or a city to review the business records of a provider to ensure proper payment of fees. 10. provides that, until the expiration of the incumbent cable provider's franchise agreement, a statewide franchise holder shall pay to a city a pro rata amount of cash to cover any in-kind services received by the city. 11. provides that, following the expiration of the incumbent provider's franchise agreement, a statewide franchise holder shall pay each city either an amount equal to one percent of the provider's gross revenue or a monthly, per -subscriber line fee (if such fee was imposed under previous franchise agreements) in lieu of in-kind services and operational grants. 12. requires an incumbent cable provider to provide certain services, such as cable service to city and other public buildings, until January 1, 2008, or the expiration of a franchise agreement, whichever is later, after which time providers will provide the services at their incremental cost 41 and deduct the amount from the franchise fee owed to the city. 13. exempts the holder of a statewide franchise from any "build -out" requirements. 14, requires: (a) a statewide franchise holder to comply with federal customer service requirements until there are two or more providers offering service to an area; and (b) the PUC to post the number of complaints regarding each service provider on its Web site. 15. requires a statewide franchise holder to: (a) provide a city, upon request, with public, educational, and governmental access channels (PEG Channels) to be operated by the city for noncommercial programming, with certain limitations and restrictions; (b) provide the same number of PEG channels as provided under the existing city cable franchise; and (c) provide to a city without a PEG channel a certain number of them, based on population. 16. mandates that a city allow a statewide franchise holder to install, construct, and maintain a communications network in the city's ROWs and prohibit discrimination against providers. 17. provides that a city may enforce police -power -based regulations in the management of the public ROWs against a statewide franchise holder to the extent that the regulations are reasonably necessary to protect the health, safety, and welfare of the public. 18. prohibits a city from requiring a statewide franchise holder to: (a) maintain a business office in the city; (b) obtain bonding or insurance for activities within the city; or (c) pay any fee for a permit to work in the city's ROW, but allows the city to require a statewide franchise holder to register with the city and maintain a point of contact. 19. provides that: (a) a city must promptly process any request from a statewide franchise holder to construct or maintain any facilities in the city's ROW; and (b) a provider may begin work under certain circumstances without a permit, if it notifies the city as promptly as possible after work begins. 20. provides that the PUC has no jurisdiction to review a city's police power regulations governing the city's ROWs. 21. requires a provider to indemnify a city for the negligent acts of the provider while working in the ROW 22. prohibits a statewide franchise holder from discriminating against any group of potential residential subscribers based on income in the "local area" in which the group resides. 23. provides that the state may enforce any of its franchise provisions in a court of competent jurisdiction, and that a city may be a party to such litigation. Also of interest, the bill: changes the telecommunications access line system to require voice over internet protocol VOIP) service providers to pay the right-of-way access line fee to cities. 2 provides that a city does not have jurisdiction over broadband over power line (BPL) systems or services, including the rates, operations, or services of an electric utility or transmission and distribution utility that are related to providing BPL. provides that an electric utility may implement BPL under the procedures set forth in the bill, but is not required to do so. 4 prohibits an electric utility from being penalized for providing or not providing BPL. 5. authorizes an electric utility to elect to: (a) allow an affiliate to own or operate a BPL system on its electric delivery system; (b) allow an unaffiliated entity to own or operate a BPL system on the utility's electric delivery system; or (c) allow an affiliate or unaffiliated entity to provide Internet service over a BPL system. 6. provides that the installation of a BPL system on an electric delivery system shall not require the 42 utility or the owner of the BPL system to obtain other rights-of-way or to make payments for easements in addition to payments made by the utility for the placement of its electric delivery system. provides that an electric utility that allows BPL shall employ all reasonable measures to protect electric reliability. 8 prohibits the Public Utility Commission or any state or local government from: (a) requiring a utility to install a BPL system on its power lines or to offer BPL services in all or any part of the utility's certificated service area; (b) requiring a utility to allow others to install a BPL system on the utility's electric delivery system; or (c) prohibiting a utility from installing a BPL system or offering BPL services in any part or all of the utility's certificated service area. provides that if a city is already collecting a charge or fee from an electric utility for the use of a street. alley, or public way for the delivery of electricity to retail electric customers, the city is prohibited from requiring a BPL franchise and is prohibited from imposing or collecting a charge, fee, or tax from an electric utility for installing equipment to facilitate BPL services on an existing electric distribution system. 10. authorizes the state or a city to impose a charge on the provision of BPL services that is no greater than the lowest charge the state or a city imposes on other broadband providers for use of the public rights-of-way. 11. provides that a municipally owned utility is not prohibited from providing energy-related data services, such as load management or automated meter reading, to its energy customers. 12. prohibits a city or a municipally owned utility from discriminating against a certified telecommunications provider regarding the use of the public rights-of-way. 13. prohibits a city or a municipally owned utility from charging more for a pole attachment than is allowed by federal law, and requires a city or MOU to establish a single, uniform pole attachment fee prior to September 1, 2006. 14. requires a study of the purposes of the Universal Service Fund, and whether the fund has achieved its goals. 15. provides that all incumbent local exchange markets are deregulated on January 1, 2006 (or January 1, 2007, for areas with a population less than 30,000); unless the Public Utility Commission determines that a market should remain regulated. 16. provides that an incumbent local exchange company may elect to remain regulated. 17. requires telecommunications and cable employees to provide identification when entering real property to work within a public right-of-way. 18. creates a telecommunications competitiveness legislative oversight committee to report to the legislature on telecommunications issues. IS.B. 7 — Eminent Domain: restricts the use of the power of eminent domain by providing: 1 that neither a governmental nor private entity may take private property through the use of eminent domain if the taking: (1) confers a private benefit on a particular private party; (2) is for a public use that is merely a pretext to confer a private benefit on a particular private party; or (3) is for economic development purposes, unless the economic development is a secondary purpose resulting from community development or municipal urban renewal activities to eliminate an existing affirmative harm to society from slum or blighted areas. 2 for numerous exceptions to the prohibitions listed in number 1 above, including: (1) transportation projects, including but not limited to railroads, airports, or public roads or highways; (2) ports, navigation districts, and certain conservation and reclamation districts; (3) 43 water supply, wastewater, flood control, and drainage projects; (4) public buildings, hospitals, and parks; (5) the provision of utility services; (6) certain sports and community venue projects; 7) the operations of certain common carriers and energy transporters; (8) waste disposal projects; or (9) libraries, museums, and related infrastructure. that the determination by a governmental or private entity that a taking is not for a purpose listed in number I above does not create a presumption that the determination is valid. 4 that information held by an entity that is not subject to the Public Information Act (PIA), but is authorized to use eminent domain, is subject to the PIA. that an institution of higher education may not use eminent domain to acquire land for a hotel or parking garage that will be used in connection with the hotel. 6, for limitations on the authority of the Texas Department of Transportation to condemn property for a gas station, convenience store, or similar facility in certain limited circumstances. for the creation of an interim committee to study the use of the power of eminent domain, including: (1) the use of the power for economic development purposes; and (2) the issue of what constitutes adequate compensation for property taken through the use of the power. 44