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HomeMy WebLinkAboutAgenda Packet City Council - 02/28/2006 CITY COUNCIL AGENDA FEBRUARY 28, 2006 Corpus Christi AlI-America cnv 11 :45 A.M.- Proclamation declaring March 19, 2006 as "The Ms. Coastal Bend Senior Pageant Day" Proclamation declaring the month of March as "National Nutrition Month" Presentation of check from the United States Department of Housing and Urban Development (HUD) to the Homeless Issues Partnership (HIP) Continuum of Care Recipients (City of Corpus Christi/Nueces County) Swearing-in ceremony of newly elected appointed Board, Committee and Commission Members AGENDA CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD FEBRUARY 28, 2006 10:00 A.M. PUBLIC NOTICE - THE USE OF CELLULAR PHONES AND SOUND ACTIVA TED PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. Members of the audience will be provided an opporlunity 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 perlaining to your subject, please present it to the City Secretary. Si Usted desea dirigirse al Concilio y cree que su ingles es Iimitado, habra un inter prete ingles-espanol en todas las juntas del Concilio para ayudarle. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary's office (at 361-826-3105) 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 Pastor Mark Behrendt, Galilean Lutheran Church. C. Pledge of Allegiance to the Flag of the United States. D. City Secretary Armando Chapa to call the roll of the required Charter Officers. Mayor Henry Garrett Mayor Pro T em Bill Kelly Council Members: Brent Chesney Melody Cooper Jerry Garcia Rex Kinnison John E. Marez Jesse Noyola Mark Scott City Manager George K. Noe City Attorney Mary Kay Fischer City Secretary Armando Chapa E. MINUTES: 1. Approval of Regular Meeting of February 21,2006. (Attachment # 1) Agenda Regular Council Meeting February 28, 2006 Page 2 F. BOARDS & COMMITTEE APPOINTMENTS: (Attachment # 2) 2. * Corpus Christi Convention and Visitors Bureau Board G. EXPLANATION OF COUNCIL ACTION: For administrative convenience, certain of the agenda items are listed as motions, resolutions, or ordinances. If deemed appropriate, the City Council will use a different method of adoption from the one listed; may finally pass an ordinance by adopting it as an emergency measure rather than a two reading ordinance; or may modify the action specified. A motion to reconsider may be made at this meeting of a vote at the last regular, or a subsequent special meeting; such agendas are incorporated herein for reconsideration and action on any reconsidered item. H. CONSENT AGENDA Notice to the Public The following items are of a routine or administrative nature. The Council has been furnished with background and support material on each item, and/or it has been discussed at a previous meeting. All items will be acted upon by one vote without being discussed separately unless requested by a Council Member or a citizen, in which event the item or items will immediately be withdrawn for individual consideration in its normal sequence after the items not requiring separate discussion have been acted upon. The remaining items will be adopted by one vote CONSENT MOTIONS. RESOLUTIONS. ORDINANCES AND ORDINANCES FROM PREVIOUS MEETINGS: (At this point the Council will vote on all motions, resolutions and ordinances not removed for individual consideration) 3. Motion approving the purchase of 38 police package sedans in accordance with Bid Invitation No. BI-0086-06 from Champion Ford, of Corpus Christi, Texas based on low bid for a total of $807,424. All units are replacements. Funding is available from the FY 2005-2006 Capital Outlay Budget in the Maintenance Services and Crime Control and Prevention Fund. (Attachment # 3) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting February 28,2006 Page 3 4 Motion authorizing the City Manager or his designee to execute a contract with Cingular Wireless, of Atlanta, Georgia for cellular telephone and data device services in accordance with Request for Proposal Number BI-0159-05 for an estimated annual expenditureof$371 ,401.80 of which $154,750.75 is budgeted for FY 2005-2006. 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. This service will be used by all City departments requiring cellular and data device services. Funds have been budgeted by the using departments in FY 2005-2006 and will be requested for FY 2006-2007. (Attachment # 4) 5~ Motion approving a supply agreement with Apollo Towing, of Corpus Christi, Texas for wrecker service for category 1 and 2 type vehicles in accordance with Bid Invitation No. BI-0092-06 based on best value for an estimated annual expenditure of $61,897.50. 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 Maintenance Services and the Fire Department in FY 2005-2006. (Attachment # 5) 6. Motion approving the purchase of fourteen (14) pickup trucks and eight (8) vans and the lease purchase of four (4) pickup trucks from the following companies, for the following amounts, in accordance with Bid Invitation No. BI-0062-06, based on low bid and low bid meeting specifications for a total amount of $506,288.61. The vehicles will be purchased for Aviation, General Services, Municipal Information Systems (MIS), Police, Storm Water, Water and the Wastewater Departments. Twenty- five of the vehicles are replacements and one vehicle is an addition to the fleet. Funding for the purchase of vehicles is available in the Capital Outlay Budgets of the Aviation Fund, Municipal Information Systems (MIS) Fund and Maintenance Services Fund. Funds for the lease purchase of vehicles are available in the Water Fund. (Attachment # 6) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting February 28,2006 Page 4 Access Ford, L TD Corpus Christi. TX Bid Items 2,3,4,9, 10, 12, 13, 14, 15, 16,17 $307,640 Champion Ford Corpus Christi. TX Bid Items 1,5,6,7, 11, 18 $178,942 Allen Samuels Chevrolet Corpus Christi. TX Bid Items 8 $19,706.61 Grand Total: $506,288.61 7 Motion approving the purchase of two (2) diesel powered water pumps from Godwin Pumps of America, Inc., of Bridgeport, New Jersey in accordance with Bid Invitation No. BI-0099-06, based on low bid for a total amount of $60,930. The pumps will be used by the Wastewater Department. Funds have been budgeted by the Wastewater Department in FY 2005-2006. (Attachment # 7) 8.a. Resolution authorizing the City Manager or his designee to execute an Interlocal Agreement between the City of Corpus Christi and Nueces County to establish terms for the sharing of the 2006 Byrne Justice Assistance Grant (JAG) Program Award. (Attachment # 8) 8.b. Resolution authorizing the City Managerorhis designee to submit a grant application in the amount of$159,671 to the United States Department of Justice, Bureau of Justice Assistance, for funding eligible under the FY 2006 Edward Byrne Memorial Justice Assistance Grant, 50% of the funds to be distributed to Nueces County under the established Interlocal Agreement. Grant funds will be used for the enhancement of law enforcement efforts by the Police Department and Nueces County. (Attachment # 8) 9. Resolution authorizing the submission of a grant application in the amount of $50,000 to the State of Texas, Texas Alcoholic Beverage Commission, for the funding of overtime to enforce underage drinking laws, to prevent youth access to and illegal use of alcohol, and provide for an educational program with a City cash match of $14,500, and an in-kind contribution of $2,300, for a total project cost of $66,800, and authorizing the City Manager or his designee to apply for, accept, reject, alter or terminate the grant. (Attachment # 9) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) ~.,.....'.''*'...'. ,. >.. '. 0:' ,,.'" Agenda Regular Council Meeting February 28,2006 Page 5 10. Ordinance appropriating a grant in the amount of $244,000 from the Morris L. Lichtenstein, Jr. Foundation in the NO.1 066 Health Grants Fund to establish a Spay and Neuter Program. (Attachment # 10) 11.a. Motion authorizing the City Manager or his designee to amend the scope of work from the FY04 Community Development Block Grant (CDBG) Re-Development Specialist project to fund professional services for a consultant to conduct a Comprehensive Neighborhood Needs Assessment for the Model Block Program. (Attachment # 11) 11.b. Motion authorizing the City Manager or his designee to execute a Contract for Professional Services with J. Quad & Associates, of Dallas, Texas for a fee not to exceed $28,050 for the preparation of a Comprehensive Neighborhood Needs Assessment for the Model Block Program for the City of Corpus Christi. (Attachment # 11) 12. Motion authorizing the City Manager or his designee to execute an agreement with the law firm Linebarger, Goggan, Blair & Sampson, LLP, to collect outstanding court fines and fees on behalf of the City. (Attachment # 12) 13.a. Motion authorizing the City Manager or his designee to approve a Renewal for Standard Maintenance with Oracle Corporation, of Redwood Shores, California in the amount of $301,401.60 for twelve (12) months PeopleSoft software maintenance and support for Asset Management, Accounts Payable, Benefits Admin, Budgeting, General Ledger, Human Resources, Inventory, Projects, Purchasing, Payroll, Time and Labor Public Sector software based on sole source. (Attachment # 13) 13.b. Motion authorizing the City Manager or his designee to approve a Renewal for Standard Maintenance with Oracle Corporation, of Redwood Shores, California in the amount of $38,740 for twelve (12) months PeopleSoft software maintenance and support for eDevelopment, eCompensation, eBenefits, eProfile, eRecruit, and ePay software based on sole source. (Attachment # 13) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) ~ Agenda Regular Council Meeting February 28, 2006 Page 6 13.c. Motion authorizing the City Manager or his designee to approve a Renewal for Standard Maintenance with Oracle Corporation, of Redwood Shores, California in the amount of $27,352.05 for twelve (12) months Oracle software maintenance and support for eProfile Manager Desktop, eCompensation Manager Desktop, Resume Processing, and Talent Acquisition Manager software based on sole source. (Attachment # 13) 14. Motion authorizing the City Manager or his designee to procure 400 licenses and professional services from Kronos, Inc., of Chelmsford, Maryland in an amount not to exceed $40,875 to be used by the Fire Department. Kronos is the standard time keeping system utilized by the City. (Attachment # 14) 15. Motion authorizing the City Manager or his designee to procure twenty software licenses and portable printers from Advanced Public Safety (APS), of Deerfield Beach, Florida in an amount not to exceed $76,518. The PocketCitation application will enable police officers to issue tickets electronically in the field. (Attachment # 15) 16 Motion authorizing the City Manager or his designee to execute a Contract for Professional Services with RVE, Inc., of Corpus Christi, Texas in the amount of $142,606 for Homeland Security Improvements at Wastewater Treatment Plants and Wastewater Equipment Yard. (Attachment # 16) 17.a. Ordinance appropriating $944,839 from the unappropriated interest earnings from Wastewater 1995A Capital Improvement Program Fund 4242; for the City-Wide Infiltration Related Collection System Enhancement Program; amending Capital Budget adopted by Ordinance No. 026188 by increasing appropriations by $944,839. (Attachment # 17) 17.b. Motion authorizing the City Manager or his designee to execute Amendment NO.1 to the Contract for Professional Services with Brown and Caldwell, of Austin, Texas in the amount of $944,839, for a total re-stated fee of $969,789, for City-Wide Infiltration Related Collection System Enhancement Program. (Attachment # 17) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 1: 1: Agenda Regular Council Meeting February 28, 2006 Page 7 18 Motion authorizing the City Manager or his designee to execute Amendment NO.4 to a contract with Freese & Nichols, Inc., of Fort Worth, Texas in the amount of $65,000 for engineering services for the fifth year of a Five Year Inspection and Monitoring Program at Wesley Seale Dam. (Attachment # 18) 19. Motion authorizing the City Manager or his designee to execute a Right-of-Way Easement containing 1.089 acres and a Utility Easement containing .294 acres, both located at the southeast corner of the Yorktown Boulevard and Cimarron Boulevard intersection, from the owners RobertJ. Gonzalez and wife, Carrie L. Gonzalez, in the total amount of $182,200, both necessary for the Cimarron Boulevard Street Improvement Project (#6262), Phase 2, Bond 2004 and for other municipal purposes. (Attachment # 19) 20. Motion authorizing the City Manager to execute a Deferment Agreement with Kelly Pharr Investors, L TD, (Developer), in the amount of $98,100.20 for the installation of water, wastewater, and storm sewer public improvements to serve Brookhaven Subdivision Block 8, Lots 2 and 3, located east of U. S. Highway No. 77 and south of Brookhaven Drive, in accordance with the Platting Ordinance Section V-Required Improvements, Subsection A.3 (b). (Attachment # 20) 21. Ordinance authorizing the resale of ten (10) properties which were foreclosed upon for failure to pay ad valorem taxes, for $51,800 of which the City shall receive $6,103.30, plus $12,517.13 for partial payment of City paving and demolition liens. (Attachment # 21) 22. Second Reading Ordinance - Authorizing the City Manager or his designee to execute Lease No. DTFASW-06-L-00118 with the Federal Aviation Administration for 2.8747 acres of land located at the Corpus Christi International Airport, for a term ending on September 30, 2025, for the construction and operation of a Digital Airport Surveillance Radar (DSAR-11 ) site. (First Reading 01/31/06) (Attachment # 22) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) ~ ~ ~ Agenda Regular Council Meeting February 28, 2006 Page 8 23. Second Reading Ordinance - Amending Chapter 2, Administration, Code of Ordinances, City of Corpus Christi, to disestablish the Storm Water Management Advisory Committee. (First Reading 02/21/06) (Attachment # 23) 24.a. Second Reading Ordinance - Abandoning and vacating a parcel of unimproved street right-of-way containing 4,169.05-square feet out of Lot 1, Block 1, Airline Unit 4 Subdivision, located on the east corner of the Wooldridge Road and Airline Road intersection, in connection with the Wooldridge Road Street Improvement Project, Phase 2 - Airline to Rodd Field, Project 6266 (Bond 2004). (First Reading 02/21/06) (Attachment # 24) 24.b. Second Reading Ordinance - Declaring as surplus property a parcel of land containing 4, 169.05-square feet out of Lot 1, Block 1, Airline Unit 4 Subdivision, located on the east corner of the Wooldridge Road and Airline Road intersection, in connection with the Wooldridge Road Street Improvement Project, Phase 2- Airline to Rodd Field. Project 6266 (Bond 2004). (First Reading 02/21/06) (Attachment # 24) 24.c. Second Reading Ordinance - Approving the conveyance of a parcel of surplus property containing 4, 169.05-square feet out of Lot 1, Block 1, Airline Unit 4 Subdivision, located on the east corner of the Wooldridge Road and Airline Road intersection to the adjacent property owner in exchange for his/her perpetual maintenance of the property and as consideration for partial payment towards an AEP electrical easement required for the street widening project, and authorizing the City Manager or his designee to execute Special Warranty Deeds for the property. (First Reading 02/21/06) (Attachment # 24) 25.a. Second Reading Ordinance - Abandoning and vacating a parcel of unimproved street right-of-way containing 3,452. 70-square feet out of Lot 1, Block 3, Wooldridge Creek Unit 9 Subdivision, located on the northernmost corner of the Wooldridge Road and Airline Road intersection, in connection with the Wooldridge Road Street Improvement Project, Phase 1 - South Staples to Airline, Project 6267 (Bond 2004). (First Reading 02/21/06) (Attachment # 25) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) ~ ~ Agenda Regular Council Meeting February 28. 2006 Page 9 25.b. Second Reading Ordinance - Declaring as surplus property a parcel of land containing 3,452.70-square feet out of Lot 1, Block 3, Wooldridge Creek Unit 9 Subdivision, located on the northernmost corner of the Wooldridge Road and Airline Road intersection, in connection with the Wooldridge Road Street Improvement Project, Phase 1 - South Staples to Airline, Project 6267 (Bond 2004). (First Reading 02/21/06) (Attachment # 25) 25.c. Second Reading Ordinance - Approving the conveyance of a parcel of surplus property containing 3,452.70 square feet out of Lot 1, Block 3, Wooldridge Creek Unit 9 Subdivision, located on the northernmost cornerofthe Wooldridge Road and Airline Road intersection to the adjacent property owner in exchange for his/her perpetual maintenance of the property and as consideration for partial payment towards an AEP electrical easement requ ired for the street widening project, and authorizing the City Manager or his designee to execute Special Warranty Deeds for the property. (First Reading 02/21/06) (Attachment # 25) I. PUBLIC HEARINGS: ZONING CASES: 26. Case No. 0106-04, Harry Womble: A change of zoning from an "A-1" Apartment House District to an "AB" Professional Office District resulting in a change of land use from medium density residential to office space. The property is located at the South End West 2/3-Rds of W/2 of Lot 2Q, Block 2, located north of South Staples Street and South of South Tancahua Street. (Attachment # 26) Planning Commission and Staff's Recommendation: Approval of an "AB" Professional Office District. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting February 28, 2006 Page 10 ORDINANCE Amending the Zoning Ordinance, upon application by Harry Womble, by changing the zoning map in reference to 0.330 acres out of the south end West 2/3 Rds of W/2 of Lot 20, Block 2, from "A-1" Apartment House District to "AB" Professional Office District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. 27 Case No. 0106-07.K C Corpus Partners. L.P.: A change of zoning from a "B-1A" Neighborhood Business District to a "B-1" Neighborhood Business District (provides for limited neighborhood uses) to a Neighborhood Business District (provides for expanded neighborhood uses). The property is at Northwest Estates Addition, Block 10, Lot 1, located at the northeast intersection of Northwest Boulevard and Pinnacle Drive. (Attachment # 27) Planning Commission and Staffs Recommendation: "B-1" Neighborhood Business District be approved along the front portion of the subject property and denial of the "B-1" Neighborhood Business District along the rear 50 feet of the subject property. ORDINANCE Amending the Zoning Ordinance, upon application by KC Corpus Partners, L. P., by changing the zoning map in reference to 3.180 acres out of the Northwest Estates Add ition, Lot 1, Block 10 from "B-1A" Neighborhood Business District to "B-1" Neighborhood Business District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. 28. Case No. 0106-08. Staples Development. LLC: A change of zoning from a "F-R" Farm-Rural District to a "B-4" General Business District on Tract 1 and "F-R" Farm-Rural District to a "R- 1 C" One-family Dwelling District on Tract 2 resulting from Tract 1- agricultural use to commercial development; Tract 2 - from agricultural use to single family residences on lots with a minimum area of 4,500-square feet. The property is located at CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting February 28, 2006 Page 11 Tract 1 being 4.48 acres and Tract 2 being 16.16 acres out of Nueces River Irrigation Park Annex No.2, located north of Northwest Boulevard and 225 feet east of Trinity River Drive/FM 1889. (Attachment # 28) Planning Commission and Staffs Recommendation: Tract 1 - Approval of the "B-4 II General Business District along the front area of the subject property and denial of the "B-4" General Business District along the rear 50 feet of the property and in lieu thereof, approval of a "B-1 A" Neighborhood Business District along the rear 50 feet of the subject property. Tract 2 - Approval of the "R-1 C" One-family Dwelling District. ORDINANCE Amending the Zoning Ordinance, upon application by Staples Development, LLC, by changing the zoning map in reference to 3.680 acres out of the Nueces River Irrigation Park Annex No.2, from "F-R" Farm Rural to "B-4" General Business District with a 0.801 acre 50 foot "B-1 A" Buffer to the rear on Tract 1 and 16.16 acres from "F-R" Farm Rural to "R-1 C" One-family Dwelling District on Tract 2; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. 29 Case No. 0106-09. Meyer-Lamph Development Group. Ltd.: A change of zoning from a "B-1" Neighborhood Business District to a "B-4" General Business District resulting from a Neighborhood Business District (provides for expanded neighborhood uses) to a commercial development. The property is in Coastal Bend Subdivision, Block 2, Lot 7, located north of Northwest Boulevard and 575 feet east of County Road 69. (Attachment # 29) Planning Commission and Staffs Recommendation: Denial of the "B-4" General Business District and in lieu thereof, approval of a Special Permit subject to a site plan and two (2) conditions. ORDINANCE Amending the Zoning Ordinance, upon application by Meyer- Lamph Development Group, L TO., by changing the zoning map in reference to Coastal Bend Subdivision, Lot 7, Block 2, located north of Northwest Boulevard and 575 feet east of County Road CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting February 28, 2006 Page 12 69 (currently zoned "B-1" Neighborhood Business District) by granting a Special Permit for a 7 ,OOO-square foot auto parts sales structure, subject to a site plan and two (2) conditions; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. J. BUILDING STANDARDS BOARD APPEAL: 30. Consideration of an appeal by Ismael Garcia of a Building Standards Board decision to require demolition of the structure located at Lot 36, Block 1 of the Woodriver 5 Subdivision, commonly known as 4314 Spring Creek. (Attachment # 30) K. PRESENTATIONS: Public comment will not be solicited on Presentation items. 31 Update on current water supply status and Garwood Water Supply Pipeline Routing Plan, Phase 2 (Attachment # 31) L REGULAR AGENDA CONSIDERATION OF MOTIONS. RESOLUTIONS. AND ORDINANCES: 32. Motion authorizing the City Manager or his designee to continue participation in the Nueces River Basin Feasibility Cost Share Agreement with the United States Army Corps of Engineers Fort Worth and Non Federal Co-Sponsors, and authorizing payment of $39,082 for the Phase IIA (Existing Conditions, Alternative Formulation and Programmatic Environmental Impact Statement or Plan Formulation). (Attachment # 32) 33.a. Motion authorizing the City Manager or his designee to execute a construction contract with S. J. Louis Construction, Ltd., of San Antonio, Texas in the amount of $8,476,046 for the Southside Water Transmission Main - Phase 5. (Attachment # 33) 33.b. Motion authorizing the City Manager or his designee to execute an agreement for welding inspection to Base Line Data, Inc., of Portland, Texas in the amount of $101,893 for the Southside Water Transmission Main - Phase 5, from Rodd Field Road to Whiteley Drive. (Attachment # 33) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) ~ ~ Agenda Regular Council Meeting February 28. 2006 Page 13 33.c. Motion authorizing the City Manager or his designee to execute an agreement for corrosion engineering construction support with V & A Consulting Engineers, Inc., in the amount of $48,910 for the Southside Water Transmission Main - Phase 5, from Rodd Field Road to Whiteley Drive. (Attachment # 33) 33.d. Motion authorizing the City Manager or his designee to execute a Testing Agreement with Kleinfelder, Inc., of Corpus Christi, Texas in the amount of $121,319 for the Southside Water Transmission Main - Phase 5, from Rodd Field Road to Whiteley Drive. (Attachment # 33) 34. Motion authorizing the City Manager or his designee to enter into negotiations to purchase Flint Hills Tank F arm site (Site 4) for the location of the new Wastewater Treatment Plant. (Attachment # 34) 35. Motion authorizing the City Manager or his designee to grant a permit to Sabco Operating Company of Houston, Texas to drill an oil or gas well at an exceptional location, approximately seven (7) miles easterly of the marina area in Corpus Christi Bay, State Tract 49 Well NO.6. (Attachment # 35) 36. Resolution authorizing the City Manager or his designee to sign a donation agreement donating Columbus Ships to City of Corpus Christi. (Attachment # 36) M. 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 A T THE REAR OF THE COUNCIL CHAMBER, GIVING YOUR NAME, ADDRESS AND TOPIC. (A recording is made of the meeting: therefore, please speak into the microphone located at the podium and state your name and address. If you have a petition or other information perlaining to your subject, please present it to the City Secretary.) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) ~ Agenda Regular Council Meeting February 28,2006 Page 14 Si usted se dirige a la junta y cree que su ingles es limitado, habra un interprete ingfes-espanol en fa reuni6n de la junta para ayudarle. PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERA TE, EMBARRASS, ACCUSE, OR SHOW ANY PERSONAL DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC A T ANY COUNCIL MEETING. THIS POLICY IS NOT MEANT TO RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS. N. EXECUTIVE SESSION: PUBLIC NOTICE is given that the City Council may elect to go into executive session at any time during the meeting in order to discuss any matters listed on the agenda, when authorized by the provisions of the Open Meeting Act, Chapter 551 of the Texas Government Code, and that the City Council specifically expects to go into executive session on the following matters. In the event the Council elects to go into executive session regarding an agenda item, the section or sections of the Open Meetings Act authorizing the executive session will be publicly announced by the presiding office. O. REPORTS: The following reports Include questions by Council to Staff regarding City policies or activities; request by Council for information or reports from Staff; reports of activities of individual Council members and Staff; constituent concerns; current topics raised by media; follow-up on Staff assignments; scheduling of future Council meetings and activities; and other brief discussions regarding city-related matters. 37. CITY MANAGER'S REPORT * Upcoming Items 38. MAYOR'S UPDATE 39. COUNCIL AND OTHER REPORTS CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting February 28, 2006 Page 15 P. ADJOURNMENT: POSTING STATEMENT: This agenda was posted on the City's official bulletin board at the front entrance to City Hall, 1201 Leopard Street, at ,~;:3 0 p.m., February 24,2006. (1 (If )l!1/1(Lr; (Cj~r~ ~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. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 1 MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Meeting February 21,2006 - 10:00 a.m. PRESENT Mayor Henry Garrett Mayor Pro Tem Bill Kelly Council Members: Brent Chesney Melody Cooper Jerry Garcia Rex Kinnison 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 Evangelist Napoleon Johnson and the Pledge of Allegiance to the United States flag was led by Council Member Noyola. Mayor Garrett called for approval of the minutes of the regular Council meeting of February 14, 2006. 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: Citizens Advisory Health Board Maricruz Cantu (Appointed) Suzzette Chopin (Appointed) James Chrobocinski (Appointed) Patricia Lynn Crangle (Appointed) Araceli Barrera (Appointed) Community Youth Development (78415) Proqram Steerinq Committee Ana Galvan (Appointed) Maria Teresa Lopez (Appointed) Larry Rast (Appointed) * * * * * * * * * * * * * Mayor Garrett called for consideration of the consent agenda (Items 3-12). There were no comments from the public or the Council. A motion was made, seconded, and passed to approve Items 3 through 12, constituting the consent agenda. City Secretary Chapa polled the Council for their votes as follows: Minutes - Regular Council Meeting February 21, 2006 - Page 2 3 RESOLUTION NO. 026648 Resolution supporting and endorsing the continued operation of the Corpus Christi Police Department Police Academy. The foregoing resolution was passed and approved with the following vote: Garrett, Chesney. Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye". 4 RESOLUTION NO. 026649 Resolution authorizing the submission of a grant application in the amount of $41,404 to the State of Texas, Criminal Justice Division for Year 7 funding available under the Victims of Crime Act 0/0CA) Fund for the Police Department's Family Violence Unit with a City match of $13,853 and $1,600 in-kind services and authorizing the City Manager or his designee to apply for, accept, reject, alter or terminate the grant. The foregoing resolution was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye". 5.a. RESOLUTION NO. 026650 Resolution authorizing the City Manager or his designee to accept a Weed and Seed support grant from the United States Department of Justice (DOJ) in the amount of $100,000 in the No. 1067 Parks and Recreation Grants Fund for Site II West for the continued support of the Weed and Seed Program. The foregoing resolution was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye". 5.b. ORDINANCE NO. 026651 Ordinance appropriating a $100,000 grant from the United States Department of Justice for Site II West for the continued support of the Weed and Seed Program FY 2005-2006 in the No 1067 Parks and Recreation Grants 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". 6 MOTION NO. 2006-038 Motion authorizing the City Manager or his designee to execute Amendment No. 1 to the Contract for Professional Services with Gignac and Associates, Architects, of Corpus Christi, Texas in the amount of $65,160 for the Bayfront Development Plan Phase 1 (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 February 21,2006 - Page 3 7. MOTION NO. 2006-039 Motion authorizing the City Manager or his designee to execute Amendment No. 1 to the Contract for Professional Services with Morgan Spear Associates, Inc., of Corpus Christi, Texas in the amount of $28,232 for a total restated fee of $44,072 for the ADA CO-ED Fire Station Improvements. (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". 8 MOTION NO. 2006-040 Motion authorizing the City Manager or his designee to execute Amendment No. 1 to the Contact for Professional Services with Finger Dye Spann, Inc. of Houston, Texas in the amount of $184,170 for a total restated fee of $247,905 for Golf Course Improvements (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". 9. MOTION NO. 2006-041 Motion approving the second amendment to the Sanitary Sewer Gravity Trunk Main, Sanitary Sewer Trunk Force Main, and Lift Station Construction and Reimbursement Agreement with Yorktown Oso Joint Venture, owner and developer, Rancho Vista Subdivision, to extend the time period a second time from February 28, 2006 to September 30, 2006 for the developer to be eligible for reimbursement due to delays in the completion of construction and to modify the terms of the agreement. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye". 10. MOTION NO. 2006-042 Motion authorizing the City Manager to execute a Deferment Agreement with King's Crossing Realty, L TO, (Developer), in the amount of $22,000 for the installation of paving and storm sewer public improvements to serve King's Crossing Unit 21, The Village at King's Crossing, Block 1, Lots 1 and 2 Subdivision, located south of Lens Drive and west of Cimarron Boulevard, in accordance with the Platting Ordinance Section V-Required Improvements, Subsection A.3 (b). The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye". 11. FIRST READING ORDINANCE Amending Chapter 2, Administration, Code of Ordinances, City of Corpus Christi, to disestablish the Storm Water Management Advisory Committee. The foregoing ordinance was passed and approved on its first reading with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye". Minutes - Regular Council Meeting February 21,2006 - Page 4 12. ORDINANCE NO. 026652 Abandoning and vacating a 7,215-square foot portion of the Eden Lane public right-of- way, out of Lot 3, Ehlers Garden Tracts, Lot 3D, Ehlers Garden Tracts, and Lot 5, Ehlers Garden Tracts; located approximately 540-feet east of the McBride Lane street right-of- way and north of IH 37; subject to compliance with the specified conditions. (First Reading 02/14/06) The foregoing ordinance was passed and approved on its second reading with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye" * * * * * * * * * * * * * Mayor Garrett referred to Items 13 and 14, and a motion was made, seconded, and passed to open the public hearings on the following items: 13.a. Public hearing to consider abandoning and vacating a parcel of unimproved street right- of-way containing 4,169.05-square feet out of Lot 1, Block 1, Airline Unit 4 Subdivision, located on the east corner of the Wooldridge Road and Airline Road intersection, in connection with the Wooldridge Road Street Improvement Project, Phase 2 - Airline to Rodd Field, Project 6266 (Bond 2004). 14.a. Public hearing to consider abandoning and vacating a parcel of unimproved street right- of-way containing 3,452.70-square feet out of Lot 1, Block 3, Wooldridge Creek Unit 9 Subdivision, located on the northernmost corner of the Wooldridge Road and Airline Road intersection in connection with the Wooldridge Road Street Improvement Project, Phase 1 - South Staples to Airline, Project 6267 (Bond 2004). City Engineer Angel Escobar reported that both Items 13 and 14 related to right-of-way that staff had identified as part of the Wooldridge Road Street Improvements project at the intersection of Wooldridge and Airline Roads. Upon further review, Mr. Escobar reported that excess right-of-way was identified, and staff recommended that the right-of-way be conveyed to the adjoining property owner at fair market value. To commence the conveyance process, the city was holding today's public hearings to abandon and vacate the parcel of right-of-way. Once the parcels were declared surplus property, they would be conveyed to the adjacent landowner by Special Warranty Deed. The city could then maintain the required right-of-way for the new improvements while retaining a utility easement for future use. There were no comments from the audience. Mr. Garcia made a motion to close the public hearing, seconded by Ms. Cooper, and passed. City Secretary Chapa polled the Council for their votes as follows: Minutes - Regular Council Meeting February 21, 2006 - Page 5 13.b. FIRST READING ORDINANCE Abandoning and vacating a parcel of unimproved street right-of-way containing 4, 169.05-square feet out of Lot 1, Block 1, Airline Unit 4 Subdivision, located on the east corner of the Wooldridge Road and Airline Road intersection, in connection with the Wooldridge Road Street Improvement Project, Phase 2 - Airline to Rodd Field, Project 6266 (Bond 2004) The foregoing ordinance was passed and approved on its first reading with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye". 13.c. FIRST READING ORDINANCE Declaring as surplus property a parcel of land containing 4, 169.05-square feet out of Lot 1, Block 1, Airline Unit 4 Subdivision, located on the east comer of the Wooldridge Road and Airline Road intersection, in connection with the Wooldridge Road Street Improvement Project, Phase 2 - Airline to Rodd Field, Project 6266 (Bond 2004). The foregoing ordinance was passed and approved on its first reading with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye" 13.d. FIRST READING ORDINANCE Approving the conveyance of a parcel of surplus property containing 4,169.05-square feet out of Lot 1, Block 1, Airline Unit 4 Subdivision, located on the east comer of the Wooldridge Road and Airline Road intersection to the adjacent property owner in exchange for his/her perpetual maintenance of the property and as consideration for partial payment towards an AEP electrical easement required for the street widening project, and authorizing the City Manager or his designee to execute Special Warranty Deeds for the property. The foregoing ordinance was passed and approved on its first reading with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye". 14.b. FIRST READING ORDINANCE Abandoning and vacating a parcel of unimproved street right-of-way containing 3,452.70-square feet out of Lot 1, Block 3, Wooldridge Creek Unit 9 Subdivision, located on the northernmost comer of the Wooldridge Road and Airline Road intersection, in connection with the Wooldridge Road Street Improvement Project, Phase 1 - South Staples to Airline, Project 6267 (Bond 2004). The foregoing ordinance was passed and approved on its first reading with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye". Minutes - Regular Council Meeting February 21, 2006 - Page 6 14.c FIRST READING ORDINANCE Declaring as surplus property a parcel of land containing 3,452.70-square feet out of Lot 1, Block 3, Wooldridge Creek Unit 9 Subdivision, located on the northernmost corner of the Wooldridge Road and Airline Road intersection, in connection with the Wooldridge Road Street Improvement Project, Phase 1 - South Staples to Airline, Project 6267 (Bond 2004). The foregoing ordinance was passed and approved on its first reading with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye" 14.d. FIRST READING ORDINANCE Approving the conveyance of a parcel of surplus property containing 3,452.70 square feet out of Lot 1, Block 3, Wooldridge Creek Unit 9 Subdivision, located on the northernmost corner of the Wooldridge Road and Airline Road intersection to the adjacent property owner in exchange for his/her perpetual maintenance of the property and as consideration for partial payment towards an AEP electrical easement required for the street widening project, and authorizing the City Manager or his designee to execute Special Warranty Deeds for the property. The foregoing ordinance was passed and approved on its first reading with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye" * * * * * * * * * * * * * Mayor Garrett opened discussion on Item 15 regarding a construction contract for Water Main Improvements to Leopard and Third Streets. There were no comments from the audience or from the Council. City Secretary Chapa polled the Council for their votes as follows: MOTION NO. 2006-043 Motion authorizing the City Manager or his designee to execute a construction contract with SLC Construction, of Conroe, Texas in the amount of $2,720,501.55 for the Water Main Improvements: Leopard Street and Third Street project for Base Bid "An, Base Bid "B" and Additive Alternate Numbers 1, 2, 3, and 4. 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 16 regarding a construction contract for the St. Andrews/La Costa Box Culvert Improvements. There were no comments from the audience or from the Council. City Secretary Chapa polled the Council for their votes as follows: Minutes - Regular Council Meeting February 21, 2006 - Page 7 2. MOTION NO. 2006-044 Motion authorizing the City Manager or his designee to execute a construction contract with Austin Filter Systems, of Austin, Texas in the amount of $1,260,623.25 for the St. Andrews Park/La Costa Box Culvert Improvements for Base Bid "A", Deductive Alternate "A1", Base Bid "B", and Deductive Alternate "B2". 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 referred to Item 17, a presentation regarding a potential new joint venture between the City of Corpus Christi and the Corpus Christi Independent School District (CC/SD) for a new Souths ide Library. Director of Libraries Herb Canales introduced Ms. Mary Kelley, interim CCISD superintendent, and Mr. Andy Noriega, CCISD Chief Financial Officer. He stated that the voters had approved $3.5 million to fund a new Southside Library in the 2004 Bond election. The city and CCISD were considering a joint venture to locate the new library in the Kaffie Middle School area, similar to their partnership in establishing the Janet F. Harte Library in Flour Bluff. Mr. Canales briefed the Council on other successful joint library partnerships. In 1997, the city and all the area independent school districts partnered to create the Library Information Network of Corpus Christi (L1NCC), which linked the public and high school libraries in a computer network. He said the Library Foundation raised approximately $500,000 towards the computer system upgrade. Mr. Canales said the city's partnerships with the school districts were still active today, almost ten years later. In 1998, Mr. Canales stated that Mr. Ed and Janet Harte donated $1.84 million to the City of Corpus Christi to construct a library in Flour Bluff. The Flour Bluff Independent School district approached the city to partner with them on the project. The library was subsequently dedicated in 2000 near Flour Bluff High School, and was considered a tremendous success. Flour Bluff ISD agreed to provide the following functions: lease the land to the City for 99 years at a $1 per year; provide 50 parking spaces and access to the rest of the school parking lot after school hours; include provisions for three staff members and a $25,000 book budget in the annual operating budget; and provide personnel to work evenings and Sundays during the school year and assists with serving public library customers during school hours. Mr. Canales displayed a number of slides of the Janet F. Harte Library site. Because of their successful partnership in Flour Bluff, Mr. Canales reported that CCISD and the city were considering a new partnership to construct a Southside library at Kaffie Middle School, located off the intersection of Lipes Road and Brockhampton Road. City staff had held preliminary discussions with Kaffie Middle School and CCISD officials, but no formal discussions had been held. The Bond Issue approved by the voters called for a 12,000 square- foot facility, requiring staff to find a site with sufficient parking. Engineering staff subsequently conducted a survey of the proposed site, and deemed it suitable. Ms. Cooper spoke in support of the project, pointing out that the new library would be an Ideal location for city WiFi portals. Mr. Scott asked if the city was satisfied that Brockhampton and Lipes Roads could meet the additional traffic demands. City Engineer Escobar replied affirmatively, saying that a Minutes - Regular Council Meeting February 21,2006 - Page 8 planned subdivision in the area would add an outlet towards Lipes Road from the northwest. Mr. Scott asked if sufficient parking would be available. Mr. Escobar replied a number of parking spaces would be available on Brockhampton Road, with additional parking available at the middle school after school hours. Mr Garcia spoke In support of the collaborative project. He praised the Janet F. Harte Library, saying it was extremely popular with the community. He stated traffic and parking were not an issue at the Flour Bluff location because of the additional parking available after school hours. He asked Mr. Escobar how the city planned to address traffic congestion in the Kaffie Middle School area. Mr. Escobar replied the Cimarron Boulevard Improvement project would alleviate congestion in the area; it was scheduled for completion before the library was completed. Mr. Garcia also thanked CCISD for offering to partner with the city again. In response to Mr Kinnison's question, Mr. Canales replied that the Flour Bluff facility was initially planned to be 11,000 square feet; however, since the city did not have to pay to acquire land, the square footage was increased to 13,000. Mr. Kinnison asked if the $3.5 million in bond funds was sufficient to construct a facility that was at least 12,000 square feet, as well as provide for furnishings and book purchases. Mr. Canales answered affirmatively. Mr. Kinnison asked how many parking spaces would be available. Mr. Escobar replied that 90 parking spaces were planned. Mr. Kinnison asked if staff had contacted the adjacent neighborhoods about the project. Mr. Canales replied negatively, but said staff could work with Kaffie Middle School officials to arrange the meetings. Mr. Kinnison asked when the project would be completed. Mr. Canales replied that city staff and CCISD officials would negotiate the terms of the interlocal agreement for approximately two months. The school board would then consider the agreement, followed by the City Council. Mr. Kinnison asked for a project construction timeline. Mr. Escobar replied staff did not have a construction timeline yet. They were currently working on selecting an architect to design the facility, and would present the design plans to the school district for discussion. Staff would then submit the design plan for Council consideration. He anticipated that the process would take approximately 60 days. Mr. Kinnison spoke in support of the project In response to Mr. Marez's question, Mr. Canales said the new library had to be at least 12,000 square feet, as stipulated in the bond issue language. He said the city's libraries averaged 12,000 to 13,000 square feet. Mr. Marez asked if there were any safety concerns related to having a public library on school grounds. Mr. Canales added that safety issues could be addressed in the library design, placing age level books near the library entrance by the school entrance. With proper monitoring and controls, he said the area could be secured. He replied that the Flour Bluff library had not reported any safety concerns. CCISD Interim Superintendent Mary Kelley commented that CCISD appreciated the opportunity to collaborate on the Southside library because it was a win/win situation for the community. * * * * * * * * * * * * * Mayor Garrett announced the executive sessions, which were listed on the agenda as follows Minutes - Regular Council Meeting February 21, 2006 - Page 9 18. Executive session under Texas Government Code Section 551.071 regarding Cause No. C-05-159, Tiffany Avalos, et al v. City of Corpus Christi, et ai, in the United States District Court for the Southern District of Texas, with possible discussion and action related thereto in open session. 19. Executive session under Texas Government Code Section 551.071 regarding Cause No. C-04-530, Robert Sean Milligan v. City of Corpus Christi, et ai, in the United States District Court for the Southern District of Texas, with possible discussion and action related thereto in open session. 20. Executive session under Texas Government Code Section 551.073 regarding the deliberations about a prospective gift or donation from the government of Spain, with possible discussion and action related thereto in open session. The Council went into executive session. The Council returned from executive session and the following motions were passed with the following vote: 18. MOTION NO. 2006-045 Motion authorizing the City Manager to employ the law firm of Hermansen, McKibben, Woosley & Villarreal, L.L.P. to provide legal representation in Cause No. C-05-159, Tiffany Avalos et al v. City of Corpus Christi et ai, at an hourly rate not exceeding $200, subject to certification of funds. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye". 19. MOTION NO. 2006-046 Motion authorizing the City Manager to employ the law firm of Hermansen, McKibben, Woosley & Villarreal, L.L.P. to provide legal representation in Cause No. C-04-530, Robert Sean Milligan v. City of Corpus Christi et ai, at an hourly rate not exceeding $200, subject to certification of funds. 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 called for the City Manager's report. City Manager Noe reported that the city's WiFi forum would be held tomorrow from 11 :00 a.m. to 1 :00 p,m., University Center Lone Star Ballroom, Texas A&M University - Corpus Christi. He said members from the university and business communities would discuss the WiFi initiative's potential to foment economic development in the city. Keynote speakers from Intel, IBM, and PTI were scheduled to appear. Mr. Noe reported a Neighborhood Pride Program meeting was scheduled tonight at 6:00 p.m., Solid Rock Pentecostal Church, 5017 Curtis Clark. He also announced that the O.N. Stevens Plant would be conducting a series of adjustments to their equipment, which could result in water pressure fluctuations. Minutes - Regular Council Meeting February 21, 2006 - Page 10 At next week's Council meeting, Mr. Noe said the following items were scheduled for consideration: the EDC quarterly report and the site selection for the relocation of the Broadway Wastewater Treatment Plant. Mayor Garrett called for Council reports. Mr. Chesney reported receiving a number of calls from citizens concerned about changes in city golf course operations. Mr. Noe replied staff had worked with an outside consultant to analyze the city's golf course operations. The subsequent results indicated that the city had far too many full-time employees compared with the private sector market. As a consequence, he said the city converted a number of permanent positions into temporary positions and changed the organizational structure to reduce costs. Mr. Chesney replied that reducing operational costs was laudable, as long as customer service levels did not deteriorate. Mr. Noe stated customer service levels should not be affected by the changes, and asked citizens to call if they had concerns. Mr. Chesney stated while the city's one-stop shop had vastly improved, he felt there was still room for improvement. He felt the development services department needed to further coordinate with other departments and possibly restructure the organization to make it a true "one-stop" shop. Mr. Noe replied that the platting process required the most interdepartmental coordination. The city had hired a consultant, in conjunction with a stakeholder group, to study the process and then present recommendations in May. Mr. Chesney asked the Mayor if staff could provide an update on their progress, because many of the concerns he had heard were related to the platting process. He understood that the development services department operated well, but the other departments involved needed better coordination. Mayor Garrett concurred with Mr. Chesney's request, and also asked Mr. Noe to include information on updating the master plans. Mr, Noe replied the Council was scheduled to review this information soon, and said he would provide a timetable in their Friday packets. Mr Marez commented that last night's town hall meeting was relatively well attended, considering that it was scheduled concurrently with another public meeting. He asked Mr. Noe to try to prevent future scheduling conflicts between public meetings. Mr. Noe replied that town hall meetings were usually held the first Monday of the month, so he was unaware there would be a scheduling conflict until later. Mr Marez asked for the construction timeline on the Lindale Area Drainage Improvements approved in the Bond 2004 election. Mr. Escobar replied construction for Phase A was nearly complete; Phase B, spanning from Santa Fe to Lindale, was scheduled for bids in late April or early May. Along with the drainage work, Mr. Escobar said related street work was also scheduled as part of the Bond 2004 package. Mr Marez reported that the sidewalk improvements he had requested by Sam Houston Park near the 1600 block of Brentwood hadn't been started yet. He asked when the city was going to repair the sidewalks. Mr. Escobar replied an engineer was studying the project now. Mr. Marez commented that SMG had charged $5 for parking at the Title I Health Fair held at the American Bank Center a few weeks ago. Since the school district designated Title I schools as economically disadvantaged, he felt the charge was unwarranted. He asked Mr. Noe to contact SMG about waiving parking fees for these types of events. Mr. Noe said he was unaware of the problem, and would raise the issue with SMG. Mr Marez stated that callers had reported audio problems during the replays of the City Council meetings and the League of Women Voters Forum on Public Access Channel 10. He asked staff to investigate. City Secretary Chapa replied that during the League of Women Minutes - Regular Council Meeting February 21,2006 - Page 11 Voters Forum, the speakers were not activating their microphones, which was the main cause of audio problems. He said he would check with Time Warner, however, to verify that there were no other causes. Mr. Marez stated that Nueces County had designated the City/County Health building as an early voting site, yet candidates were being told they could not erect political signage in the area. Mr. Noe replied that city policy allowed political signage outside a city facility only if it was being used as an early voting site. He noted that the City/County Health building was a new voting site this year because Greenwood Senior Center was not available, and staff may not be aware of the change. He said he would speak with staff about the issue. Mr. Marez announced that the deadline to submit applications to receive his Council salary donation was this Friday. He said he would select two or three non-profit organizations for this fiscal year. Mr. Noyola asked staff to provide more notice regarding neighborhood meetings. He said he had received notice last Friday about a neighborhood meeting being held tonight, but he could not attend because of a previous commitment. Since the meeting was in his district, however, he would have appreciated more notice. Mr. Noe replied that he would see if staff could provide a master schedule regarding all the neighborhood meetings for the next few months. Ms. Cooper asked for an update regarding a halfway house on Meldo Park. Mr. Gunning replied that staff spoke with Mr. Jeff Osbourne, the homeowner, who indicated that approximately 22 people resided at the home, which he was using as an addiction rehabilitation facility. Mr. Osbourne also confirmed that a number of his clients were on probation from a penal institution. Mr. Gunning said staff would work with the Police and Neighborhood Services departments to obtain an inspection warrant to enter the premises. He said Mr. Osbourne claimed that federal and state laws allowed him to operate the facility on this property. Staff was verifying these claims with the Legal department. Mr. Gunning stated staff would keep the City Manager informed on their progress. Mr. Scott, Ms. Cooper, and Mr. Garcia asked staff to ensure that Mr. Osbourne complied with all city, state, and federal laws or else require him to relocate. Mr. Gunning added that Director of Development Services Barbara Holly had met with Mr. Osbourne in December regarding the facility, and he was informed at that time that it was an Inappropriate use in that zoning district. He said Mr. Osbourne proceeded with his plans despite the warning. Mr Garcia congratulated Storm Water Superintendent Valerie Gray and Water Superintendent Ed Garalia and staff for meeting all TCEQ requirements. He also encouraged Assistant City Manager Margie Rose to hold the "get acquainted" meetings between developers and one-stop shop staff that they had discussed previously. Ms. Rose replied staff would develop a program by the end of the month for the City Manager's review. She said the goal was to implement the program as soon as possible. Mr. Garcia stated the meetings would give developers and other stakeholders an opportunity to air their concerns and their accolades about the one-stop shop. Mr. Garcia complimented the Building Standards Board for wanting to meet more frequently since they performed an important community service. He asked, however, why the Storm Water Advisory Committee was being dismantled. If the issue was a lack of involvement, he said he knew several individuals who were interested in serving on the committee. He stressed the importance of obtaining citizen input on storm water issues, and thus he preferred to keep the committee active. Assistant City Manager Ron Massey replied the city created the Minutes - Regular Council Meeting February 21,2006 - Page 12 committee to assist in developing policies and procedures for its storm water permit application. Since that time, he said the board had been generally inactive, but had participated in prioritizing storm water funding projects two years ago. He commented, however, that the city formed stakeholder groups to participate in the Storm Water Master Plan development process. Staff preferred to form stakeholder groups to obtain input when necessary, rather than create standing committees that would remain idle more often than not. Mr. Garcia asked how citizens could become involved in a stakeholder group. City Manager Noe replied citizens could contact him or Mr Massey for information. * * * * * * * * * * * * * Mayor Garrett called for petitions from the audience. Mr. Larry Williams, 250 A/ta Plaza, the owner of Knucklehead's Restaurant, stated that he understood that the Council opposed his plan to locate a restaurant at the corner of Santa Fe and Leming Streets. He asked the Council to postpone any decision until he met with the neighborhood to present his case. Mr. Scott replied that in his experience, it was better to side with the neighborhood in these cases until the proprietor addressed their concerns. Mayor Garrett was encouraged that Mr. Williams would be meeting with the neighborhood soon. Ms. Tammy Castillo, 5417 Eden Lane, expressed concern about Javelina Refinery's plan to expand their operation near her residence, which was related to Item 12, abandoning and vacating a portion of Eden Lane. She also spoke against the refinery's plans to apply for an "1-3" zoning change in the area because of safety concerns. Assistant Director of Development Services Michael Gunning confirmed that Javelina Refinery had submitted an application for a zoning change in the area. The Planning Commission had reviewed the case twice, and ultimately recommended the "1_3" Heavy Industrial District zoning. He said the Javelina Refinery planned to place additional tanks on the property to sell butane and propane. The Council would then hold a public hearing and consider the case. If they approved the "1_3" zoning, the Zoning Board of Adjustment also had to hold a public hearing to determine whether the plan met all safety concerns. Mr Kelly asked questions about Javelina Refinery's site plans. Staff displayed a map of the area to answer his questions. City Manager Noe replied that the land use issue was tied more to the upcoming zoning case public hearing, as opposed to today's action on Item 12. He said the Council would hold a public hearing related to the zoning case soon, allowing Ms. Castillo and anyone else opposed to the zoning change to comment. Mayor Garret asked staff to notify Ms. Castillo when the zoning case was scheduled for Council consideration. Mr. Kelly stated that Item 12 had been placed on the consent agenda, so he was unaware that it was controversial. He asked the City Manager to place any controversial items on the regular agenda for discussion. City Manager Noe replied staff was unaware that the item was controversial until after the agenda was finalized. Mr Rolando Garza expressed concern about Time Warner's operation of the public access channel, and asked the city to ensure that they were complying with their franchise agreement. He also spoke in support of continued funding for the next phase of the Manshiem/Sunnybrook Improvements. Finally, he reported that he had contacted the Engineering department about a gas station on Kostoryz and Horne Road that needed a curb cut, but staff had not returned his call. Minutes - Regular Council Meeting February 21, 2006 - Page 13 There being no further business to come before the Council, Mayor Garrett adjourned the Council meeting at 11 :30 a.m. on February 21,2006. * * * * * * * * * * * * * 2 a. CORPUS CHRISTI CONVENTION AND VISITORS BUREAU BOARD - One (1) vacancy with term to 7-31-06 representing the category of At Large. DUTIES: To create a consciousness on the part of the citizenry of the Corpus Christi Bay Area of the potential trade advantages of the visitor industry; create a comprehensive publicity, advertising and promotional program to solicit and attract conventions and visitors to the Corpus Christi Bay Area and provide appropriate services connected therewith; promote and assist programs of information, education, recreation and development of visitors to such areas; and create friendly relations between the citizens of the area and visitors. COMPOSITION: Fifteen (15) members selected directly by the City Council. The members shall be representatives of the following groups: 3 - lodging industry; 2 - restaurant industry; 2 - area attractions; I - air/ground transportation industry; and 7 - community at large. The above members shall include persons from all areas of the City in order to assure diverse geographic representation on the Board. The Mayor, City Manager, Port of Corpus Christi Authority, Corpus Christi International Airport and the Coastal Bend Regional Tourism County, or their designees, shall serve as additional non-voting members of the Board. Appointments will be for staggered, three-year terms; provided that the term of office of any member who is a public official shall coincide with his or her term of public office. No person may serve as a voting member for a period longer than six years consecutively, unless such service is required by virtue ofthe person's position or title or to complete an unexpired term. MEMBERS Tom Schmid (AttractIons), Co-Chair Daniel Dain (Restaurant) Curt L. Broomfield (Restaurant) Robert Tamez (At large) ****Govind Nadkarni (At large) Jody Patel (Lodging) Corbett "Butch" Pool (At Large) J.J. Gottsch (Attractions) Vangie Chapa (Transportation) Bill Morgan (Lodging) Kevin Latone (Lodging) Sandi McNorton (At large) Foster Edwards (At large) John Trice (At large) Dan Viola (At large) John Valls (Port of Corpus Christi) Dave Hamrick (Corpus Christi International Airport) Ann Vaughn (Coastal Bend Regional Tourism) Mayor City Manager TERM 7-31-07 7-31-08 7-31-06 7-31-08 7-31-06 7-31-08 7-31-08 7-31-06 7-31-07 7-31-07 7-31-06 7-31-07 7-31-06 7-31-07 7-31-08 Ex-Officio Ex-Officio Ex-Officio Ex-Officio Ex-Officio ORIGINAL APPTD.DATE 02-20-01 07-26-05 09-09-03 07-26-05 02-22-00 02-22-00 07-26-05 11-09-04 07-22-03 05-16-00 07-08-03 03-02-04 05-11-04 02-22-00 05-08-01 ****Has exceeded the number of absences allowed by ordinance NOTE: The Corpus Christi Convention and Visitors Bureau Board is recommending realigning Bill ;~forgan from the Lodging position to the At Large position. Mr. Morgan is no longer associated with the Lodging Industry. If the Council concurs with the Board's recommendation of realignment of Mr. Morgan, there will be one (1) Lodging vacancy. Per the Convention and Visitors Bureau's agreement with the City, the Board is required to submit more names than vacancies. The Board is making the following nominations for consideration: James Robbins (Lodging), Josh Morris (Lodging) and Ed Persall (Lodging). INDIVIDUALS EXPRESSING INTEREST Christopher Aebu Chef/Owner, Restaurant Lavender. Attended the California Culinary Academy. (Restaurant) (4-28-05) Cliff Atnip PartnerIReal Estate. Cobb, Lundquist and Atnip. Received B.A. in Finance from Baylor University. Member of the Rotary Club and Toastmasters. (At Large) (4-22-05) J -c. Ayala Owner/Travel Agent, Let's Travel. Current member of the Chamber of Commerce and Hispanic Chamber of Commerce. Graduate of Mexico Tourismo. (At Large) (8- 11-04) Gerald W Brown. Sr. Vice President/Senior Analyst, RSI & Associates, Inc. Activities include: Member of the Institute of Business Appraisers, Member of the National Center for Employee Ownership, Nueces County Chapter of the Republican National Party, numerous committees at Second Baptist Church and Wounded Christian Ministries. (At Large) (02- 25-05) Debra Bruce OwnerlManager, Thrifty Car Rental. Member of the Rotary Club of Corpus Christi and past president, KEDT Board of Directors and the Corpus Christi Chamber of Commerce. Received the award from Y Women in Careers. (Transportation) (8-11-04) Rodney Buckwalter Manager, Training & Quality, First Data Corporation. Received A.A. from Del Mar College, B.A. and M.S. from Texas A & M University - Corpus Christi. Activities include: Management Development Advisory Committee - Del Mar College, American Society for Training and Development, Patriot's Band and Honor Guard of America. (At Large) (7-21-04) Teresa Carrillo 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. (At Large) (3-18-05) MaryN. Carter Director of Physician Relating. Received B.A. in Biochemistry, B.S.N. in Nursing and M.A. in Management. (At Large) (6-22-05) Terry Carter President/CEO, Corpus Christi Chamber of Commerce. Received B.S. in Quantitative Finance from the University of South Alabama. Activities include: Corpus Christi Rotary Club and YOU Executive Committee. (At Large) (12-07-04) Evy Coppola Owner, Pathways to Wellness. Activities include: Founder/Director of Extraordinary Business Women Owners, League of Women Voters, Westside Business Association, Barrios Association and Yoga Alliance. (At Large) (4-21-05) Richard "Dick" Drilling General Manager, KIll TV. Received A.A. from Fresno City College. Member of the Art Museum of South Texas, Driscoll Children's Hospital, Best of the Best and Heart Association. (At Large) (6-08-05) J ami e Duff Governmental Intern, CorpusBeat Magazine. Received B.A. in English from Texas A & M and working towards M.A. and Post Certification in Accounting. Activities include: Corpus Christi FOCUS and member of Church of the Good Shepherd Bell Choir. (At Large) (1-06-06) Guadalupe "Albert" Garcia Retired, Com Products. Attended Del Mar College. Local musician and founding member and board member of the Texas Jazz Festival. (At Large) (2-23-05) Georganne Gasaway Marketing and Sales Director, Corpus Christi Stamp Works. Activities include: Rotarian, Optimist Club, Nueces County Historical Courthouse, and The Voyage Project for the c.c. Museum. (At Large) (1-26-06) Kim Erwin Owner/Broker, Realty W orId Island Properties. Received B.A. from Dana College and is currently working towards Masters in Business Administration. Activities include: Vice President of Padre Island Development Association, Kiwanis Club, Avance and Women's Council of Realtors. (At Large) (8-16-04) Linda Figueroa Office Manager/Paralegal, Ysassi & Ysassi, P.e. Attended University of Houston and Texas A & I University. Member of the Texas Democratic Women and the Robstown RIDe. (At Large) (9-30-04) Doreen M. Harrell Community Coordinator, Grande Communications. Received B.A. in Communications with a minor in Public Relations from Texas A & M University - Corpus Christi. Activities include: Team Grande, Grande Passion and Commitment Investment Club Board Advisor, Corpus Christi Chamber of Commerce and the Corpus Christi Hispanic Chamber. (At Large) (8-09-04) Laura Herbert Insurance Advisor, GSM/ Arvak. Activities include: Better Business Bureau, Delta Gamma, and Past President and Current Board member ofCBAHU. (At Large) (2-21-05) Dora L HIdalgo Clinical Record Administrator, MHMR of Nueces County. Registered health administration technician. Member of the Coastal Bend Health Information Management Association and President of the South Texas Amigos de Mexico. (At Large) (9-29-04) Diane LaRue Independent Marketing Director, Melaleuca, Inc. Attended LaSalle University, Temple University and Holy Family College. Activities include: Mission 911, IW A Golf Chair and Gala Committee, Blessed Sacrament Convent Auxiliary, Pan American Roundtable and Leadership Corpus Christi Class XXIX. (At Large) (2-25-05) Chad MagIll Chief Information Officer, Identity Theft Solutions, LLe. Associate Member of Certified Fraud Examiners at Houston Community College. Activities include: Chamber of Commerce, Hispanic Chamber of Commerce, Westside Business Association, and SEA. (At Large) (6- 28-05) Matt Martin Vice PresidentlMarket Manager, Clear Channel Broadcasting. Received a Marketing degree from Texas Tech University. Activities include: Board member for Texas Association of Broadcasters, Hispanic Chamber of Commerce, Regional Economic Development Corporation and Chamber of Commerce. (At Large) (11-02-04) Jimmy Mitchell Naval Officer/Substitute Teacher, Retired Military/Flour Bluff Independent School District. Received B.S. from Central State University. Currently working on A.A. in Hospitality management at Del Mar College. Currently a member of the Navy League. (At Large) (8-02-04) Josh Morris General Manager, Holiday Inn Airport. Received A.S. in Culinary Arts from Vincennes University and B.S. in Hospitality Management from Purdue University. Activities include: Hotel Motel Condo Association, MS Walk, Special Olympics, HSMA, HCSMA, United Way and Coastal Bend Aids Foundation. (Lodging) (2-23-06) Ed Persall Director of Sales, Holiday Inn Emerald Beach. Attended Del Mar College for Industry Training and continuing education. Activities include: Salvation Army Advisory Board and HSMA. Received the HSMA Member of the Year Sales and Marketing International Award and the WHI Gold Award. (Lodging) (1-30-06) RIchard Pulido Regional Superintendent, U.S. Navy. Received B.S. in Business Management from Park College. Activities include: Prostate Cancer Committee with the American Cancer Society, Leadership Corpus Christi, Deacon of Gardendale Baptist Church, Junior Achievement Volunteer Program and Cable Communications Commission. (At Large) (2-22-06) Jamie Pyle Vice President, Pyle & Associates, Inc. Received B.S in Civil Engineering from Oklahoma State University. Activities include: Boy Scout Venture Troop Advisor, Southside Rotary Club Member, After Hours Quilters Vice President, Leadership Corpus Christi and Texas Society of Professional Surveyors. (At Large) (8-09-04) Mark Richmond Self-employed/Publisher, The Business Journal. Received B.A. from the University of West Florida. Activities include: Heart Board, Rotary Club and the Ad Club. Received the SBA "Business Journalist of the Year" Award. (At Large) (5-11-05) J ames Robbins General Manager, Hilton Hotels (Embassy Suites). Received B.S. in Education. Member of the Hotel Motel Condo Association. (Lodging) (1-16-06) Jack Rush Managing Agent/General Manager, Port Royal Ocean Resort Condominiums. Member of the AH&LA/ AAA Marketing Task Force. (Lodging) (4-21-04) Lawanda Skrobarczyk President/COO, 151 Commerce Mortgage. Has a Real Estate Agent and MTG Loan Officer license. Activities include: BACC, CCAR and the Chamber of Commerce. (At Large) (6-08-05) Denise A. Stockwell Publisher/Co-owner, Visitors Guide. Attended University of Hawaii for Business and Marketing and graduated for Honolulu Beauty College. Activities include: Texas Coastal Bend Regional Tourism Council, C.C. Hotel Motel Condo Association, American Advertising Federation and the c.c. Chamber of Commerce. (At Large) (1-24-06) Marsha Williams Realtor, RelMax Metro Properties. Received RA. in Business from Texas A & I University Kingsville. Active member of the Kiwanis Club and the RelMax Lifetime Hall of Fame. (At Large) (6-09-05) Bella Zavala Corporate Sales Manager, Port Royal Ocean Resort and Conference Center. Received an Associate's degree from Del Mar College. Activities include: FOCCB, Forward Corpus Christi, HSMA, Hispanic Chamber of Commerce and the Chamber of Commerce. (Lodging) (6-10-05) 3 COUNCIL MEMORANDUM RECOMMENDATION: Motion approving the purchase of 38 police package sedans in accordance with Bid Invitation No. BI-0086-06 from Champion Ford, Corpus Christ~ Texas based on low bid for a totalof$807,424.00. All units are replacements. Funding is available from the FY 05-06 Capital Outlay budget in the Maintenance Services and Crime Control and Prevention Fund. ******....*.....********.*.**************************.**................................... Purpose: These police package sedans will be used by the Police department for normal police work. Bid Invitations Issued: Nine Bids Received: Two Price Comparison: The City purchased thirty-three police patrol sedans last year for a unit price of$21,338. The current price is $21,248. Award Basis: Low bid. Funding: Maintenance Services 550020-5110-40120 Capital Outlay Item No.2 $701,184.00 Police Dept.-Crime Control 550040-9010-11717 Capital Outlay Item No. 84 $106.240.00 TOTAL: $807,424.00 Michae Barrera, Procurement & General S ices Manager CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: MARIA GARZA Date February 2. 2006 Item Description Police Package Sedans in accordance with Specification No. 1016 CoIor- White. 2. Police Package Sedans in accordance with Specification No. 1016 CoIor- Dirt Blue. TOTAL 36 each 2 each BID TABULATION BI-0086-06 POLICE PACKAGE SEDANS CHAMPION FORD CORPUS CHRISTI. TEXAS Unit Total Unit PrIce PrIce $21.248.00 5764.928.00 21.248.00 42.496.00 $807.424.00 ACCESS FORD CORPUS CHRISTI. TEXAS Unit T atal Price Price $21.267.00 $765,612.00 21.267.00 42.534.00 $808,146.00 4 COUNCIL MEMORANDUM RECOMMENDATION: Motion authorizing the Cit) Manager, or his designee, to execute a contract with CingulaI' Wireless, Atlanta, Georgia, for cellular telephone and data device services in accordance with Request for Proposal Number 81-0159-05 for an estimated annual expenditure of $371,401.80 of which $1 ')4,75075 is budgeted for FY 05/06. 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 !\1anager or his designee This service will be used by all City departments requiring cellular and data deVice sen ice". FUllds have been budgeted by the using departments in FY 05/06 and will be requested for FY 06!()7 ************************************************************************************* Purpose: Cell ular telephone and data device services are essential to the dai Iy operations of ('ity Government particularly \\ ith respect to .public safety. Cellular telephone service meets critical communication needs. Data device services enable end users to remotely transmit data and access the City's network. This contract will provide cellular and data device services for approximately eight hundred and seventy two (872) cellular telephones and two hundred and sixteen (216) data devices currently ill service throughout the City. The cellular telephone plan is virtually identical to the City's eXlstlflg plan as airtime is structured on a "pooled" basis that provides a maximum of 320,000 minutes per month. By pooling employees' total expected usage, the City can spread the 320,000 minutes across large- and small-volume users. This plan also allO\\s the City to continue to realize efficiencies in the allocation and use of billed airtime minutes. The state of Texas constitutes the local calling area. Calls made from the local calling area are covered under the "pooled" minutes. This plan will cover approximately 97% of all cellular telephone users with separate plans available for the remaining 3% of users. lhe data device plan is identical to the City's current plan with 208 data devices provided unlimited bandwidth and 8 devices on a one-megabyte plan. \ ward Basis' A request for proposal was issued to four Catalog Information Systems Vendors. Three proposals were received, of which: one was non-responsive and one did not submit pricing for data device services. CingulaI' Wireless' proposal was most advantageous for cellular telephone service and only proposal for data device servIces. Price Analysis: On average each month, the City currently spends $21,500 for 320,000 cellular ail1illle minutes and $10,400 for what is primarily unlimited data device bandwidth. The recommended plan will maintain the existing level of cellular airtime minutes while reducing expenditures to an average of $20,600 per month. Given current levels of usage. the amount of data device bandwidth and associated cost will remall1 unchanged. Various City Departments - See Attachment 0200 - Telephone Services $154,750.75 Michae rrera Procurement & General Services Manager CITY OF CORPUS CHRIST! PURCHASING DIVISION BUYER - PAUL J. PIERCE Twelve-Month Contract Cellular Telephone and Data Device Services Summary Evaluation Matrix Evaluation Criteria Maximum Score CinQular Nextel Cost Factors 30 26.9 18.3 Equipment Standard 20 18.8 9.5 Coverage 20 17.8 10.0 Service Level Agreement 30 26.4 18.9 100 89.8 56.7 ITEM Cingular Wireless Nextel Partners, LLP ATLANTA, GA KIRKLAND, WA Extended Extended QUANTITY Price Price Cellular Telephone Service 12 Months $ $ 246,646.92 $ 124,754.88 297,984.96 Data Device Service 12 Months No Bid Total $ 371,401.80 5 AGENDA MEMORANDUM RECOMMENDA TION: Motion approving a supply agreement with Apollo Towing, Corpus Christ~ Texas for wrecker service for category I and 2 type vehicles in accordance with Bid Invitation No. BI-0092-06 based on best value for an estimated annual expenditure of$61,897.50. 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 ofthe supplier and the City Manager or his designee. Funds have been budgeted by Maintenance Services and the Fire Department in FY 05-06. ***************************************************************************** BACKGROUND: Purpose: This contract will establish service for category 1 and 2 type vehicles. These type vehicles are the smaller units in the fleet and consist of motorcycles, pick up trucks, utility trucks, vans and small dump trucks. The wrecker contractor is required to be on call 24 hours per day, 7 days a week, to tow and provide related services for City owned vehicles. Bid Invitations Issued: Nineteen Bids Received: Six Award Basis: Best Value The evaluation team, comprised of team members from Fleet Maintenance, Police Department and Purchasing, developed a matrix of the evaluation criteria. The evaluation criteria components set forth in the proposal included: (1) Resources 25%, (2) Past Performance 25%, (3) References 10%, (4) Bidders Profile and Qualifications 10%, and (5) Cost 30%. The evaluation team reviewed each bid proposal response and completed the evaluation matrix. The resulting matrix prioritized each vendor based on the point value assigned for each criterion component in the evaluation matrix. Vendor rankings based on this scoring method are shown in the attached evaluation matrix. As a result ofthe evaluation, the team has selected Apollo Towing, as the best valued supplier for this service. Funding: Maintenance Services 530100-5110-40170 $58,898.00 Fire Department 530160-1020-12050 3,000.00 -- Michael Barrera, Procurement and General Services Manager Total $61,898.00 ..... z w ~ Q. 5 " w 00 rn w ...J U :i: w > c w z ~ o ~ U LL o >< a.. ii! ::> I-o~ cCCjlC) ~N zcaO: o~O ~ii5~ ::::) ..u ...J '> c:i<< iti~ >-;:0: ~~!:i! ~~u :::&-w ::>:!:!Q:: (l)aJ~ o c c:( _ z tiz8 ii!O...J %:c:( o VI:::& (I)>...J ::::)is!!! ~C)O: gzaJ _C:( (l)C) u.. ~ .. Ooffi ~o:>- -::::)::> oa..aJ ,.--- ~~ 0 en a! 0 al :Q N ro (j) ": <D 'E'E <D N <D "" (/) ~~ ,..: <D ro eo M '" 0 ~~ ~ ~ N .... N .0 U < <D <F} "E !!1 .E .~ ~U Q; (/) X 0 ... I- ena! 0 Q) - <D "- It) M oX+:> 'E'E "- <D <D cO "- &l .~ .- III ~ Ii) eo ro ro <D ~ ~ ~ N .... ""r. :;:; ~U < if> o .~ l <cU OJ .s - X 0 ~I- en a! 0 '" - 0 "I: +:> 'E'E N eo " ro 0 "! ~~ '0 ~ ,..: r- eo "- 0 ... :t ~ M CO 0.< (j) cU '<t ~ ~ tA <C 0 ~ U Q; (/) ~~ 0 en a! 0 1Il~ 'E-e <D '<t eo ro '" <D 00 cvi :ili M "" -! .- III ~ (j) ro (j) r- ~ ~ N N ~r. (j) < " ~i tA $a :J <CU Q; (/) "" Q) X 0 .xl- 1Il :Q en a! 0 " ro N ~ 0 "" (/) E"E ~ ~ 0 0 N ~ 'C ~~ ~ ~ N ... (j) .c N N N 01 cD Q)U < <D l 0 <F> 19 g (/)U X 0 I- ena! <D Ol;:i c"E 0 r--- V If) 0 0 ~ '" (j) c .t2 ~~ N N ~ ~ 01 ro. .~ .E N < iD .....U <F> 0 0 :J 'R~ <CU ~:l en en III en en 'E 'E C 'E 'E E '6 0 '0 '0 '0 0 c. c. c. c. c. ~a. t{) t{) 0 0 0 N N ~ ~ M III 8 oil '!ij C GI 'E III is III () III ~ III ... IS 8 6 B 8 a.., () III III i .. GI C -.. ~ Ol w ii 5 a. f c:: II!: :;) .... .2! -8- .;:; 0 :;) ~ II III "0 III C GI aid 'C: 0 C W II!: a. II!: a. III < 6 COUNCIL MEMORANDUM RECOMMENDATION: Motion approving the purchase of fourteen (14) pickup trucks and eight (8) vans and the lease purchase of four (4) pickup trucks from the following companies, for the following amounts, in accordance with Bid Invitation No. BI-0062-06, based on low bid and low bid meeting specifications for a total amount of$506,288.61. The vehicles will be purchased for Aviation, General Services, Municipal Information Systems (MIS), Police, Storm Water, Water and the Wastewater Departments. Twenty-five of the vehicles are replacements and one vehicle is an addition to the fleet. Funding for the purchase of vehicles is available in the Capital outlay budgets of the Aviation Fund, Municipal Information Systems (MIS) Fund and Maintenance Services Fund. Funds for the lease purchase of vehicles are available in the Water Fund. Access Ford, L TO Corpus Christi, TX Bid Items 2, 3, 4, 9 10,12, U, 14, 15, 16, 17 $307,640 Champion Ford Corpus Christi, TX Bid Items 1, 5, 6, 7, II, 18 $178,942 Allen Samuels Chevrolet Corpus Christi, TX Bid Items 8 $19,706.61 Grand Total: $506,288.61 ****************************************************************************** Purpose One vehicle is an addition to the fleet. The vehicle will be used by MIS and will be assigned to personnel responsible for maintenance of existing IT systems. The remaining vehicles will be used in the day to day operations of the respective departments. Replaced units are evaluated for potential reallocation to other departments and/or are disposed of through the City's standard surplus disposal procedures, including online and live auctions of vehicles. Bid invitations Issued: Ten Bids Received: Four Award Basis: Low Bid, Bid Items ~ 1, 2, 3, 4, 9, 11,12,13,14,15,16 & 17 Low Bid Meeting Specifications, Bid Items ~ 5, 6, 7, 8, 10& 18 Bid Items .- 5, 6 & 7 Access Ford, L TD (Access Ford), Corpus Christi, Texas submitted the apparent low bid; however, the vehicles offered do not meet the required engine size specifications. Bid Item - 8 The vehicle offered by Champion Ford, Corpus Christi, Texas does not meet the specification requirements for a four wheeled drive vehicle. The vehicle offered by Access Ford does not meet the required engine size specifications. Bid Item - 10 The vehicle offered by Champion Ford does not meet the transmission requirements of the specifications. Bid Item 18 The vehicle offered by Access Ford does not meet the specification requirements regarding the trailer towing package. Funding Purchase 0 f Vehicles A viation Fund - 2 vehicles 550020-4611-35041 Capital Outlay Line Item Nos. 100 $32,799.00 Maintenance Services Fund - 1 9 vehicles 550020-5110-40120 550020-5110-40300 Capital Outlay Line Item Nos. 2, 28A, 30A, 31A, 40, 47, 48,50,51,57,58,59, 60,61. 62, 63, 101 335,467.61 32,052.00 MIS Fund - 1 vehicle 550020-5210-40480 25,098.00 TOT AL PURCHASE: $425,416.61 Lease Purchase of Vehicles Four (4) pickup trucks will be funded through the City's lease/purchase financing agreement for a sixty month period. The estimated interest rate is 3.6%. The actual interest rate will be determined after acceptance ofthe vehicle. The estimated annual payment is $17,697.96. Total estimated cost over the sixty month period, including principal of$80,872.00 and interest of$7,617.64, is $88,489.64. Water Fund - Lease payments - 4 vehicles 530190-4010-31510 (FY05-06) 530190-401 0-31520 (FY05-06) $8,295 1.770 TOTAL LEASE PUCHASE: $10,065 Michael arrera, Procurement & General Services Manager 0 0 0 0 0 0 0 0 .... iD iD iD iD iii iD iii iD w .w 0 0 0 0 0 0 0 0 -I ~o o - z z z z z z z z ~IOWIt It 11. J: Cl 0..... U)j....W U) -0 WJZ- g ::)It <Ii. 11. It) It) ..,. ..,. <<Xl ..,. ; i .... It) It) ~ ~ r-- ~ W 0) c:i g c:i ,..; 0) g -I ~ r-- ..,. ~ Ie 0 N (') ..,. ~ .W 0) <Ii r-: r-: 'if cri N ~2 ..... ~ .... N N W wit ~ J: IiO 11. 0 l! U) Cl -I.... W . ::)1 It) It) ..,. ..,. m ..,. ; <0 ~~ It) 10 ~ .... ...... 0) c:i c:i 'ii M 0) g ~ U)Ot-W ~ ,.... (') 0 Ie Z !Z2 N (') ...... M ..,. r-- w ::)It ai <Ii r-: r-: c5 cri N ai -I 11. ~ N N N ..... ~ I ~ <<Xl ~ ~ ~~ ~ ~ en <0 <<Xl <0 ..... I/) .W cri u-i u-i <Ii oSS2 ...... ...... ~ ~..- Itt- a: o . 11. 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"':;'c~ ::!1lI~ c...'E, i@.!! iilll:i: en .~ ~ cO ...... o iii o z o CD o z <Xl 0> "", ~ <Xl ~ ~ ~ ;xi M ci "" < w .CD' x 0... c 0 · IV 8- li'E ~@~ mlVo ""c"- 1Il.o.o :9 .lIJ <0 ouO ~~:i..: ~oCi ~ iitl"':'2 ":ui~.!! ~1~s: -~ Q. . 8l~en.!! i,C:;- C/)l3"i~ r-.: ...... o iii o z ;xi gi It> cxi N 7D .g o ...... 0; ..- ~ ...... <Xl c:>> C1) It) as N !~ o o ~ 0> fIi ...... ..- ~ <Xl C1) o .0 N N N M ~ ~C'\I o o o ~ ,..: o ~ ..- co :8 N cD CI It) .,. N N M ~ N c( w ii o .... -c ! c; ~ 'C c: CII ... C> CDC/) 0_ .ci~ III "0 ' O"'G> @~ ~IV~ o.s. c-ciO OCD- 1-108 ;! ~..j. M~..- ."-0 aceT"" :z:;ro '?oZ.... ::>.c!o!c n. C/) i!i. III i %en ~ i~~~ enn.so .l!! c: ~ ~ III III ~ 's '5 W arlll ... OJ C CII .2 is ~ ~ ~~ c .~ ~J2 llll E E co c: c: III III III III o 0 "0 "0 "0 "0 aiiD €~ <Xi ...... 7 AGENDA MEMORANDUM RECOMMENDATION: Motion approving a purchase of two (2) diesel powered water pumps from Godwin Pumps of America, Inc. Bridgeport, NJ in accordance with Bid Invitation No. BI-0099-06 based on low bid for a total amount 01'$60,930.00. The pumps will be used by the Wastewater Department. Funds have been budgeted by the Wastewater Department in FY05-06. BACKGROUND: Purpose: These two (2) diesel powered water pumps, each of different capacity, will be used by the Wastewater Department. They will be used to provide emergency pumping capacity at two critical lift stations located in the northwest area ofthe city. A ward Basis: Low Bid Funding: Wastewater Department 550040-4200-33210 $60,930.00 Total: $60,930.00 CITY OF CORPUS CHRISTI PURCHASING DIVISION BID TABULATION BUYER: GINA SANCHEZ BID INVITATION NO.: BI-0099-o6 DIESEL POWERED WATER PUMP ITEM DESCRIPTION QTY UNIT GODWIN PUMPS OF AMERICA INC. BRIDGEPORT, NJ UNIT EXTENDED PRICE PRICE RAIN FOR RENT BAKERSFIELD, CA UNIT EXTENDED PRICE PRICE JEDI CORPUS CHRISTI, TX UNIT EXTENDED PRICE PRICE 6", 80 HP Diesel Powered Waterpump each $ 32,788.00 $ 32,788.00 $ 39,654.44 $ 39,654.44 $ 48,617.55 $ 48,617.55 2) 4", 25 HP Diesel Powered Waterpump each $ 28,142.00 $ 28,142.00 $ 35,577.78 $ 35,577.78 $ 34,440.80 $ 34,440.80 TOTAL $ 60,930.00 $ 75,232.22 $ 83,058.35 8 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 02128106 AGENDA ITEM: A. Resolution authorizing the City Manager, or designee, to execute an intenocal agreement between the City of Corpus Christi and Nueces County to establish tenns for the sharing of the 2006 Byrne Justice Assistance Grant (JAG) Program Award. B. Resolution authorizing the City Manager, or designee, to submit a grant application in the amount of $159,671 to the U.S. Department of Justice, Bureau of Justice Assistance for funding eligible under the FY 2006 Edward Byrne Memorial Justice Assistance Grant, 50% of the funds to be distributed to Nueces County under the established interlocal agreement. Grant funds will be used for the enhancement of law enforcement efforts by the Police Department and Nueces County. ISSUE: The Department of Justice provides funding opportunities each year in an effort to reduce crime and improve public safety through various methods, including the procuring of equipment, technology, and other material directly related to basic law enforcement functions. REQUIRED COUNCIL ACTION: Approval of the intenocal agreement. FUNDING: There is no match required of the grant. Funds are available for a 4-year period beginning 10/01/2005 (the first fiscal year of the appropriation). CONCLUSION AND RECOMMENDATION: Staff recommends approval of the intenocal agreement. ~.4 K. A. Bung Acting Chief of Police Attachments: BACKGROUND INFORMATION A. Under the Justice Assistance Grant (JAG) (previously Local Law Enforcement Block Grant LEBG), we have been declared a disparate jurisdiction and have agreed to split the funds 50/50 with Nueces County. A disparate allocation occurs when a constituent unit of local government is scheduled to receive one and one half times more (four times more for multiple units of local government) than another constituent unit(s), while the other unit of local government bears more than 50% of the costs of prosecution or incarceration that arise for Part 1 violent crimes reported by the geographically constituent unit(s). Jurisdictions certified as disparate must submit a joint application for the aggregate of funds allocated to them, specifying the amount of the funds that are to be distributed to each of the units of local govemment and the purposes for which the funds will be used. When beginning the JAG application process, a Memorandum of Understanding (MOU) must be completed, signed, and faxed to OJP, indicating who will serve as the applicant/fiscal agent for the joint funds. The City and County staff met and agreed that the City will serve as the lead agency, and the Nueces County Commissioners Court approved the interlocal agreement as well as proposed expenditures on February 22,2006. B. JAG funds can be used for state and local initiatives, technical assistance, training, personnel, equipment, supplies, contractual support, and information systems for criminal justice for anyone or more of the following purpose areas: . Law enforcement programs . Prosecution and court programs . Prevention and education programs . Drug treatment programs . Corrections and community corrections programs . Planning, evaluation, and technology improvement programs With this award, the program has provided a total of $3,597,601 in grant funds to the City since the program began in 1996. The funds have been used to purchase backbone equipment for the Mobil Data/Automated Vehicle Location project, 27 police package vehicles, 69 unmarked police units, a property van, SWAT equipment, a bomb suit, digitized radios, radios for the Communications van, digital cameras, radars, video cameras, personal computer hardware and software, an upgrade to the computer system and the radio microwave system, a mobile police substation, polygraph instrument, air packs, SWAT rescue vehicle, and other police equipment. The Police Department proposes to purchase law enforcement equipment to include radars, light bars, and radios. Nueces County proposes to utilize their share of the JAG funds to fund a Drug Prosecutor in the District Attorney's office and the Jail Management System in the Sheriffs Department. RESOLUTION AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE. TO EXECUTE AN INTERLOCAL AGREEMENT BElWEEN THE CITY OF CORPUS CHRlSn AND NUECES COUNTY TO ESTABLISH TERMS FOR THE SHARING OF THE 2006 BYRNE JUSTICE ASSISTANCE GRANT (JAG) PROGRAM AWARD. 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 execute an intel10cal agreement between the City of Corpus Christi and Nueces County to establish terms for the sharing of the 2006 Byrne Justice Assistance Grant (JAG) Program Award. ATTEST: THE CITY OF CORPUS CHRISTI Henry Garrett Mayor Armando Chapa City Secretary ,/ APPROVED: r<"o ~I ~ {k/ Joseph H may 0 Assistant City Attorney For City Attorney ,2006. ResoI-lntAg-BymeAwd 2 Corpus Christi, Texas of , 2006 The above resolution was passed by the following vote: Henry Garrett Brent Chesney John E. Marez Melody Cooper Jerry Garcia Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott ResoI-lntAg-ByrneAwd RESOLUTION AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO SUBMIT A GRANT APPLICATION IN THE AMOUNT OF $159,671 TO THE U. S. DEPARTMENT OF JUSTICE, BUREAU OF JUSTICE ASSISTANCE, FOR FUNDING ELIGIBLE UNDER THE FY 2006 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT, 50% OF THE FUNDS TO BE DISTRIBUTED TO NUECES COUNTY UNDER THE ESTABLISHED INTERLOCAL AGREEMENT. GRANT FUNDS WILL BE USED FOR THE ENHANCEMENT OF LAW ENFORCEMENT EFFORTS BY THE POLICE DEPARTMENT AND NUECES COUNTY. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS THAT: SECTION 1. The City Manager, or his designee, is authorized to submit a grant application in the amount of $159,671 to the U. S. Department of Justice, Bureau of Justice Assistance, for funding eligible under the FY 2006 Edward Byrne Memorial Justice Assistance Grant, 50% of the funds to be distributed to Nueces County under the established interlocal agreement. Grant funds will be used for the enhancement of law enforcement efforts by the Police Department and Nueces County. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Henry Garrett Mayor ,2006 Corpus Christi , Texas of ,2006 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 9 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 02128106 AGENDA ITEM: Resolution authorizing the submission of a grant application in the amount of $50,000 to the State of Texas, Texas Alcoholic Beverage Commission for the funding of overtime to enforce underage drinking laws, to prevent youth access to and illegal use of alcohol, and provide for an educational program with a City cash match of $14,500, in-kind contribution of $2,300, for a total project cost of $66,800, and authorizing the City Manager or the City Manager's designee to apply for, accept, reject, alter or tenninate the grant. ISSUE: The problem of underage possession and consumption of alcoholic beverages in the City of Corpus Christi has been and continues to be of significant concern in the community. The program will address this problem and enhance the enforcement of underage drinking laws. REQUIRED COUNCIL ACTION: Approval to submit the grant application. FUNDING: State funding of $50,000 provides for 600 overtime enforcement hours, fringe benefits, and other costs for the education/prevention programs The Law Enforcement Trust Fund provides $14,500 for training travel, printing and confidential funds;.in-kind contributions of $2,300 for office supplies and fuel from the 11720 Special Services 0506 budget. A 25% project "match" either by cash contribution or the value equivalent of in-kind contributions is required. CONCLUSION AND RECOMMENDATION: Staff recommends approval to submit the grant application. ~~ Acting Chief of Police BACKGROUND INFORMATION T ABC is offering funding for projects with the goal of inaeasing the State's ability to effectively enforce underage drinking laws and to prevent youth access to and illegal use of alcohol. In the past T ABC has focused on the alcohol age-law enforcement effort. This year project applications should also involve the following components: · partnerships with multiple aspects of the community · partnerships with youth in planning and carrying out program activities · use of multiple fact-based strategies to reduce demand for and/or access to alcoholic beverages among underage youth in the impact area. · Underage drinking on and around college campuses Additionally each grant is asked to address one or more of the following: · Underage drinking in small towns or rural areas; and/or the · Underage drinking on and around college campuses Environmental approaches include efforts that seek to change policy; target enforcement efforts to identified problems; change the general attitudes of the public and retailers about underage drinking; and/or address retailer or other community-based practices encouraging underage drinking-to name a few. The Police Department has incorporated many of these elements into the grant application. Funds will be provided to support Operation Graduation and other student activities, freshman orientation, speakers, printed literature, and other events. Area school districts have provided letters of support for the grant activities and each has a portion of funds to be provided to their district for either new programs or enhancement of existing programs. Texas A&M University is also a participant in an effort to address the on campus issues of underage drinking. Other partnerships within the grant are: · Youth Continuum of Care Coalition (YCCCC) · Corpus Christi Youth Advisory Committee · Intergovernmental Commission on Drug and Alcohol Abuse - will serve as the venue for monthly reporting of grant activities · Commission on Children and Youth . Crime Stoppers - will provide a "party hotline" The enforcement element consists of overtime officers working in conjunction with T ABC in the following areas: · Target establishments suspected of a pattern of violations of state laws · Inform both establishments and minors of the consequences of illegal sales and purchases; · Prosecute those who illegally sell and purchase alcoholic beverages. · Promote a strong and consistent message concerning the consequences of underage drinking RESOLUTION AUTHORIZING THE SUBMISSION OF A GRANT APPLICATION IN THE AMOUNT OF $50,000 TO THE STATE OF TEXAS, TEXAS ALCOHOLIC BEVERAGE COMMISSION, FOR THE FUNDING OF OVERTIME TO ENFORCE UNDERAGE DRINKING LAWS, TO PREVENT YOUTH ACCESS TO AND ILLEGAL USE OF ALCOHOL, AND PROVIDE FOR AN EDUCATIONAL PROGRAM WITH A CITY CASH MATCH OF $14,500, AND AN IN-KIND CONTRIBUTION OF $2,300, FOR A TOTAL PROJECT COST OF $86,800, AND AUTHORIZING THE CITY MANAGER OR THE CITY MANAGER'S DESIGNEE TO APPLY FOR, ACCEPT, REJECT, ALTER OR TERMINATE THE GRANT. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS THAT: SECTION 1. The City Manager, or the City Manager's designee, is authorized to submit a grant application in the amount of $50,000 to the State of Texas, Texas Alcoholic Beverage Commission, for the funding of overtime to enforce underage drinking laws., to prevent youth access to and illegal use of alcohol, and provide for an educational program with a City cash match of $14,500, in-kind contribution of $2,300, for a total project cost of $66,800. SECTION 2. The City Manager, or the City Manager's designee, may apply for, accept, reject, alter the terms and conditions, or terminate the grant, if said grant is awarded to the City. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Henry Garrett Mayor ('- Approved as to form ;r6rv.'j 2/,2006 Corpus Christi I Texas of ,2006 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 10 AGENDA MEMORANDUM AGENDA ITEM: An ordinance appropriating a grant in the amount of $244,000 from the Morris L lichtenstein, Jr. Foundation in the No. 1066 Health Grants Fund to establish a spay and neuter program; and declaring an emergency. ISSUE: In an effort to reduce pet overpopulation, the Lichtenstein Foundation is awarding this grant to the City of Corpus Christi to allow dogs and cats owned by Corpus Christi citizens to be spayed or neutered at minimal cost. Steady progress is being made in ordinance enforcement and education of the public on responsible pet ownership. This Lichtenstein Foundation grant will give the City an opportunity for an affordable spay and neuter program accessible to the general public. This program will have a major effect on the animal population of Corpus Christi and eventually on the health and welfare of the citizens of Corpus Christi. literature supports the fact that a vaccinated and spayed or neutered dog or cat is a healthier, socially better adjusted animal. These animals are less likely to stray, display aggressive behavior, bite, or scratch and to be abandoned by its owner. REQUIRED COUNCIL ACTION: Enactment of the ordinance and appropriation of the grant in the amount of $244,000 from the Morris L Lichtenstein, Jr. Foundation in the No. 1066 Health Grants Fund to establish a spay and neuter program; and declaration of an emergency. PREVIOUS COUNCIL ACTION: On February 21,2006, Council accepted the grant in the amount of $244,000 and authorized the City Manager or his designee to execute an agreement with the Morris L Lichtenstein Foundation to establishing a spay/neuter program. FUNDING: There is no match funding required. CONCLUSION AND RECOMMENDATION: Recommend City Council to enact an ordinance and appropriate a grant in the amount of $244,000 from the Morris L Lichtenstein, Jr. Foundation in the No. 1066 Health Grants Fund to establish a spay and neuter program; and declaration of an emergency. ~1l1. jJ 11 11/1/1 /J-. .1< .III. 1/ I' fl', Annette Rodriguez. M.P. Acting Director of Public Health BACKGROUND INFORMATION Due to pet overpopulation in Texas, over half a million animals are euthanized annually at a cost of over $20 million dollars. These figures do not include animals that are abandoned and die from starvation, disease or trauma. Stray animals represent public health threats through a variety of diseases such as rabies, toxoplasmosis, plague, and parasitic infections. Failure to surgically sterilize (spay or neuter) pets is irrefutably a major cause of pet overpopulation. The cost of the surgery is prohibitive for many pet owners. As a response to these problems, the Morris L. Liechtenstein, Jr., Foundation desires to make available to the City of Corpus Christi grant funds for start-up costs and staffing support for a one (1) year period. AN ORDINANCE APPROPRIATING A GRANT IN THE AMOUNT OF $244,000 FROM THE MORRIS L. LICHTENSTEIN, JR. FOUNDATION IN THE NO. 1066 HEALTH GRANTS FUND TO ESTABLISH A SPAY AND NEUTER PROGRAM; 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 Morris L. Lichtenstein, Jr. Foundation, in the amount of $244,000, is appropriated in the No. 1066 Health Grants Fund to establish a Spay and Neuter 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 ,2006. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Henry Garrett Mayor APPROVED: February 23,2006 EHord186.doc Corpus Christi, Texas day of ,2006 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: l/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 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 CITY COUNCIL AGENDA MEMORANDUM AGENDA ITEM: A Motion authorizing the City Manager or his designee to amend the scope of work from the FY04 Community Development Block Grant (CDBG) Re-Development Specialist project to fund professional services for a consultant to conduct a Comprehensive Neighborhood Needs Assessment for the Model Block Program. B. Motion authorizing the City Manager or his designee to execute a contract for professional services with J-Quad & Associates, of Dallas, Texas, for a fee not to exceed $28,050 for the preparation of a Comprehensive Neighborhood Needs Assessment for the Model Block Program for the City of Corpus Christi. ISSUE: Amending the scope of work to an approved Consolidated Annual Adion Plan (CAAP) funded project requires City Council adion and approval. The FY04 COBG program approved funding for a Re-Oevelopment Specialist position to support neighborhood revitalization efforts including the Neighborhood Initiative Program (NIP) sustainability efforts. The Re-Oevelopment Specialist position was funded at $52,357. The proposed amendment to the scope of work for this projed will fund a Comprehensive Neighborhood Needs Assessment for the Model Block Program by a consultant in the amount of $28,050. The remaining COBG funds, in the amount of approximately $24,307, will be applied towards the funding of a Project Manager, a position similar to aRe-Development Specialist that will provide support for various neighborhood revitalization projeds including the Neighborhood Initiative Program (NIP) and the Model Block Program. IMPLEMENTATION SCHEDULE: The timetable for the completion of the Comprehensive Neighborhood Needs Assessment is schedule on, or about April 10, 2006, with a formal presentation to City Council on, or about April 25, 2006 as per the time frame outlined in the Request for Proposal. PRIOR COUNCIL ACTION: On April 27, 2004, the City Council adopted its FY2004 Consolidated Annual Adion Plan for Community Planning and Development Programs that includes $4,105,000 for the COBG Program, $800,000 of Program Income, $547,567 of reprogrammed funds and $154,329 for the ESG Program and $1,848,127 for HOME Investment Partnership (HOME) Program totaling $7,455,023 (025738). The City Council was presented information on the proposed Model Block Program in August 2005 by Assistant City Manager, Margie C. Rose which included the essential Comprehensive Neighborhood Needs Assessment to be conduded as a first step in planning and implementation of the program. The City Council approved the Model Block Program and directed staff to proceed with implementation. REQUIRED COUNCIL ACTION: Contracts in excess of $25,000 requires approval by City Council RECOMMENDATION: Staff recommends City Council approval to amend the COBG FY2004 project's scope of work to allow for the funding of the Comprehensive Neighborhood Needs Assessment and to approve the execution of a contract for professional services with J-Quad & Associates, of Dallas, Texas, for a fee not to exceed $28,050 for the preparation of the Comprehensive Neighborhood Needs Assessment for the Model Block Program. ADDITIONAL SUPPORT MATERIAL Background Information x Contract Summary x AGENDA MEMORANDUM BACKGROUND INFORMATION Model Block Proaram: The Model Block Program is a new initiative developed by the City of Corpus Christi as an objective to accomplish a City Council priority goal of Neighborhood Revitalization. The Model Block Program is a comprehensive plan to provide opportunities and resources for an improved quality of life in a designated neighborhood/target area (15-20 city block radius) identified for potential revitalization and development. The Model Block Program is designed to identify and address several major issues within a targeted area including: Neighborhood and economic stability; prevention of further housing and neighborhood deterioration; resource availability; land assembly for renovation and redevelopment (infill housing); affordable housing development; and special needs housing issues. The targeted area will be determined based on a neighborhood needs assessment conducted by a consultant. The City of Corpus Christi will work in partnership with the designated neighborhood to establish their revitalization goals, identify resources, tools, and partnerships to develop a plan to assist the neighborhood residents to accomplish these goals. Compreh.,sive Neiahborhood Needs Assessment: The City of Corpus Christi released a Request for Proposals (RFP) from consulting firms, educational institutions and other professional organizations to conduct a Comprehensive Neighborhood Needs Assessment in three (3) specified neighborhood areas. Respondents were willing to comply with procurement requirements and regulations governing the CDBG Program. In addition, they will adhere to the City's insurance requirements and additional requirements as deemed necessary. The City of Corpus Christi received two eligible proposal bids for the preparation of the Comprehensive Neighborhood Needs Assessment. After careful consideration and evaluation of both proposals, staff is recommending that the City of Corpus Christi contract with J-Quad & Associates, a Texas based corporation, to prepare the Comprehensive Needs Assessment for the Model Block Program. Below is the following criteria and ranking set forth for evaluating the proposals. Applicant Dr. Rene Nank Ph.D Texas A&M University- Corpus Christi J-Quad & Assoc LlC l__ Qualification! Oraanbational Qualitv of ~ Euerlence Structure Work Plan 15 max points 30 max points 5 max points 50 max points per rater ex 6 per rater ex 6 per rater (x 6 per rater (x 6 raters) = 90 raters) = 180 raters) = 30 raters) = 300 total max total max total max totalmax points .nts ints ints 111 24 195 33 Total Comments 100 max points per rater ex 6 raters) = 600 total max points 363 Presented information of like projects with references. The work plan and associated costs were not found to be effective for this ram. The experience and qualifications demonstrated exceptional capability and professionalism with like projects. The proposed costs proved to be cost efficient and effective for the proposed services to be rendered. 173 ---h- - ,29 565 276 87 I I __~_---1-._ ._. __.. J. Quad & Associates, LLC. FY2001 Professional Contract Agreement Summary I. ALLOCA TON: BUDGET: $ 28,050 - FY2004 COBG Comprehensive Needs Assessment Total budget Total $ 28.050 $ 28,050 II. III. SCOPE OF PROJECT~ a. Conduct a comprehensive needs assessment in three (3) designated Neighborhood areas of the City of Corpus Christi for the Model Block Program b. Assessment must be strategic, oriented with emphasis on citizen participation c. Monthly reports of phased activities required d. Assessment to consider all community needs and resources available to meet needs e. Assessment to be structured to serve as a basis for annual funding allocations and for assessing performance on an annual basis. IV PROJECT COMPLETION: a. Comprehensive site report and analysis of findings to be completed 60 to 75 days from date of contract execution on, or about April 10th b. Presentation to City Council on, or about April 25th v. CONSULTANTS RESPONSIBILITY: a. Services I Oeliverables - Provide access to all documents, records related to project b. Consultation with public and private agencies and related organizations for comment and presentation to City Council for approval C. Produce thorough and complete documents that consolidate all elements in a format and organizational structure d. Summarize recommendations of the assessment into a comprehensive Executive Summary. e. Provide final assessment in various formats for record (original paper, copies, electronic and presentation materials) VI City of Corpus Christi RESPONSIBILITY: The Neighborhood Services Department will provide a point of contact on a limited and negotiated basis to coordinate activities with the consultant. VII. INSURANCE REQUIREMENTS: a. Acquire and maintain the following insurance coverage: 1) Commercial General Liability Insurance for $1,000,000 Combined Single Limit. 2) Automobile Liability for $1,000,000 Combined Single Limit 3) Workers' Compensation which complies with the Texas Workers' Compensation Act, and Employers' Liability for $500,000 4) Professional Liability for $1,000,000 b. Comply with local, state, and federal requirements VI. TERM: Six months, however, Consultant will be bound by all covenants, terms, and conditions. VII. CHANGES AND AMENDMENTS: Modifications which do not change the essential scope and purpose of the agreement may be approved by the City Manager. VIII. TERMINATION: In the event that the consultant that does not meet the responsibilities of the contract. the City of Corpus Christi may elect to terminate the service. 12 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: Februarv 28. 2006 AGENDA ITEM: Motion authorizing the City Manager or his designee to execute an agreement with the law firm of Linebarger poggan }3lair & Sampson, LLP, to collect outstanding court fines and fees on behalf of the City ISSUE: The Court will provide Linebarger,Goggan,Blair & Sampson, LLP, a professional law firm that is experienced in collection, with cases to collect outstanding court fines and fees on behalf of the City. We will provide all cases where the defendant has entered a plea, has been established on a payment plan and the case is delinquent. We will also provide those cases where the defendant has received a citation and never appeared to address their outstanding case(s). The vendor does not have the legal authority to accept a plea from a defendant; however, the vendor does have the authority to offer the defendant the option to resolve their outstanding case by payment in full, which legally constitutes a plea of "no contest" FUNDING: The cost for this program is mandated by state law at an additional 30% to a defendant's delinquent fines and fees. Funding is a pass-through from the defendant to the firm. REQUIRED COUNCIL ACTION: Approval of motion as proposed. PREVIOUS COUNCIL ACTION: On April 1 0,2001, City Council originally approved a similar motion authorizing the City Manager or his designee to execute an agreement with the law firm Linebarger,Goggan)Blair & Sampson, LLP, to collect outstanding court fines and fees on behalf of the City CONCLUSION AND RECOMMENDATION: The Municipal Court Committee met on January 31, 2006 and approved. unanimously, to renew an agreement with the law firm of Linebarger Goggan Blair & Sampson, LLP, to collect outstanding court fines and fees on behalf of the City. ~ M-~ \V- Rene Mendiola Director of Municipal Court ~ BACKGROUND INFORMATION fhe purpose ofthis agenda item is to re-execute the contract previously granted to Linebarger Goggan Blair & Sampson, LLP for the purpose of collecting outstanding court fines and fees on behalf of the City. Since the council's last motion concerning thIs matter, Linebarger Goggan BlaIr & Sampson, LLP has done an outstanding Job to enhance existing collec11on efforts and existing enforcement action. As our vendor, they have successfully been able to locate, track, and strongly encourage our defendants to pay their outstanding fines and fees, increasing monthly revenues by over 10%. The cost for this program is mandated by state law at an additional 30% to a defendant's delmquent fines and fees. Any vendor would use this as a pass-through cost to the defendant on each case ThIS makes selecting the most professional vendor our highest priority. After discussion and revie\\ during their January 31, 2006 meeting, the Municipal Court Committee recommends the renewal of our collections contract to Linebarger Goggan Blair & Sampson, LLP. The court's collection contract WIth Lmebarger Goggan Blair & Sampson, LLP is a professional service and exempt from the competItive biddmg requirements of state law. The COUI1, as with other MuniCIpal Courts throughout the State, historically has had difficulty getting defendanb to address their cases timely, and once assessed a fine, to pay the amount owed to the City. Although there have been many Improvements at the Coul1 which have resulted in improved case resolution and significant increases m revenue, much more has and can still be accomplished. However, the Court does not have the resources nor the expertise to pursue older cases. We do not have the expertise in "skip tracing" techniques which allow a vendor experienced in collection to locate and pursue defendants that are adept at changing their Identity and have made a deliberate attempt to "get lost". The use of Linebarger Goggan Blair & Sampson, LLP, that is well versed with the legal requirements of court collections, has provided a true financial benefit to the ('Ity. Like in the past, the City wIiI proVide to the vendor the followmg cases; all cases where the defendant was found guil ty, assessed a fine. put on a payment plan and IS delinquent. We will also provide to the vendor all those case~ where the defendant received a CItation and has not appeared. Although the vendor does not have the legal authonty to accept a plea from a defendant; however, the vendor does have the authority to offer the defendant the option to resol ve their outstanding case by payment in full. which legally constitutes a plea of "no contest" As always. a priority to the (:oul1 IS a collection effort that is both professional and courteous without the necessIty of harassmg our defendants. However, we are also looking for a collection effort that consistently reminds the defendant that they must tImely address their responsibility to the City. We believe that Linebarger Goggan Blalr & Sampson, 1 LP will continue to meet these goals. In our contract, the City will continue to possess the authonty to review and revise all correspondence with the defendant and the telephone scripts used by the vendor, but Linebarger Goggan Blair & Sampson, LLP will be responsible for compliance with all laws. The Court has establIshed an effective process through the mtemet by whIch the vendorreceives a file transfer of all cases referred for collection. Through this manner the Court's case information is updated timely to Identify those cases that have been referred to a collection service. CITY OF CORPUS CHRISTI MUNICIPAL COURT COLLECTION SERVICES This Contract for the collection of delinquent Municipal Court fines and court costs, in this Contract called "Contract". is made and entered into by and between the City of Corpus Christi ("City"), P.O. Box 9277, Corpus Christi, Texas 78469, a municipal corporation, home rule city, and body politic duly authorized under the laws of the State of Texas, and Linebarger Goggan Blair & Sampson, LLP ("Contractor"), 1949 South IH 35, Austin, TX 78741, based upon the consideration and undertaking stated in this Contract, effective for all purposes upon approval by the Corpus Christi City Council and subsequent execution by the City Manager or designee. 1. General Scope of Services. The Contractor shall, for and in consideration of the payment of the sum of money specified in this Contract, perform all duties related to the collection of delinquent Municipal Court fines and court costs, provide all services necessary for the collection of those delinquent Municipal Court fines and court costs, and provide such further services as are outlined in this Contract. 2. Contract Document Hierarchy. This Contract, the amendments to the City's Request for Proposal, the City's Request for Proposal, the Contractor's best and final proposal, and the Contractor's proposal constitute the contract documents. All requirements, terms, and conditions stated in this Contract supersede any other document. Any inconsistencies will be resolved in the following order of priority: ( 1 ) Contract. (2) Amendment to City's Request for Proposals for Municipal Court Collection Services. (3) City's Request for Proposals for Municipal Court Collection Services. (4) Contractor's Best and Final offer (5) Contractors' proposal dated November 30,2000. 3. Term of the Contract and Termination Clause. a. This Contract is for one year beginning on the date of City Council approval. This Contract may be extended on the same terms and conditions for three additional one-year terms upon the written request of the City Manager or designee, ("City Manager"), sent to Contractor at least 30 days prior to the expiration of the term. b. Either party may terminate this Contract at any time with or without cause by giving 30 days' written notice to the other party. c. If the City has not awarded a new Municipal Court Collection Services Contract at the end of this Contract, or otherwise terminated this Contract, the City Manager may extend this Contract on a month to month basis until a new contract is awarded by City Council, or Collections Contract - 1-31-06 (WDS) 1 this Contract is terminated. Notice of termination during any month to month extension is 30 calendar days. 4. Compensation of the Contractor. a. City will turn over to Contractor on or about the first (1 st) and fifteenth (15th) of each month by electronic or magnetic medium in the format specified by the City Contract Administrator all delinquent Municipal Court debts and accounts receivable, such as fines, fees, restitution, and other debts or costs, other than forfeited bonds, ordered to be paid by the Municipal Court. A Municipal Court debt or account receivable is considered delinquent on the date it becomes 60 days past due. b. The City has established a Municipal Court Collection Fee pursuant to Article 103.0031 of the Texas Code of Criminal Procedure. A defendant must be charged an additional collection fee ("Municipal Court Collection Fee") in the amount of 30 percent on each Municipal Court debt and account receivable such as fines, fees, restitution, and other debts or costs, other than forfeited bonds, ordered to be paid by the Municipal Court, that is more than 60 days past due and referred to the Contractor for collection. A defendant is not liable for this fee if a Municipal Court judge determines that the defendant is indigent or has insufficient income or otherwise is unable to pay all or part of the undertying fine or costs. c. City agrees to pay Contractor as compensation for services required under this Contract the Municipal Court Collection Fees actually collected and paid by defendants to the City during the term of this Contract. The City is not accepting partial payments on cases turned over to the Contractor for collection. The City shall pay over said compensation monthly by check. No other compensation will be paid by the City to Contractor. The City is not responsible for postage, telephone charges, or any of Contractor's expenses in performing under this Contract. d. The parties agree that should Article 103.0031 of the Code of Criminal Procedure as amended be repealed or held to be unconstitutional by a court of competent jurisdiction during the term of this Contract so that the City is no longer authorized to collect the Municipal Court Collection Fee, then Sections 4.a, 4.b and 4.c identified in this Contract regarding compensation to the Contractor shall be deleted and replaced with Sections 4.e, 4.f, 4.g, and 4.h which read as follows: e. No funds will be paid to Contractor unless defendant's payment was a result of Contractor's actions under this Agreement. For example, if defendant is arrested and is brought to Municipal Court to resolve outstanding cases, no compensation will be paid to Contractor. All payments on delinquent accounts are assumed to be a result of Contractor's actions unless specifically refuted by City. f. If there is a dispute between City and Contractor regarding whether Contractor is due compensation in a particular case, the City will not pay Contractor until issue is resolved between the parties. g. No penalties will be assessed to City for late payments. Collections Contract - 1-31-06 (WDS) 2 h. No additional costs will be assessed to the City for the collection of delinquent accounts as defined in this Contract. 5. Collection Goals. The Contractor agrees to work 'Nith the Contract Administrator to set reasonable collection goals and meet quarteny 'Nith the Contract Administrator to monitor and report on the progress of collection efforts achieved. 6. Scope of Services. a. Contractor shall direct defendants to make all payments directly to the City of Corpus Christi Municipal Court. Contractor shall not collect any monies for the City. Contractor shall instruct defendants that any payments owed on debts and accounts receivable must be made in full to Municipal Court. b. Contractor's collection process must be reviewed and approved by the Contract Administrator, but Contractor shall be responsible for compliance with all laws. c. Contractor shall provide Contract Administrator copy of employee orientation I training manuals, where applicable. Contract Administrator will have review of all correspondence and scripts used by Contractor's collection staff. d. Contractor covenants that the customer service employees handling the City's accounts will be familiar with the City of Corpus Christi Municipal Court requirements for acceptance of fines as provided by the City to Contractor. e. Contractor shall coordinate mail outs with the Contract Administrator f. At the end of the each year of the Contract, Contractor shall provide a cover letter to City's Contract Administrator with listing of cases that are deemed uncollectible by the Contractor. Contractor shall give its reasons why each case is uncollectible. Contractor shall also inform Contract Administrator of applicable laws which govern disposition of uncollectible court fines. g. Contractor shall maintain a toll free telephone number for customers to call. h. All complaints regarding the collection process will be referred to Contractor for resolution. i. Contractor shall provide notification of all disputes or complaints raised by defendants regarding the collection process within five business days to Contract Administrator. Contractor shall provide Contract Administrator with written or electronic statement of the resolution. j. Contractor shall provide new addresses for defendants to Contract Administrator on a monthly basis. 7. Management Reports. Contractor shall keep and maintain all required reports and make those reports available to the Contract Administrator at all reasonable times. Collections Contract - 1-31-06 (W DS) 3 Contractor agrees to keep such other records and in the form as the Contract Administrator may reasonably require and to make them available at the Contract Administrator's request. The initial list of Management Reports required in this Contract \.viII be addressed at a subsequent meeting between Contractor and the City Contract Administrator and \.viII be incorporated and attached as Exhibit A. 8. Data Transfer. a. City will transfer its Municipal Court case data to Contractor via FTP Intemet electronic transfers. Contractor shall provide the Contract Administrator with access to a secured FTP site/server at no cost to the City. b. All data is the property of the City. Contractor shall not release the data without the written approval of the Contract Administrator. Contractor shall return all data to the Contract Administrator within 30 days after termination or expiration of this Contract. c. City shall provide Contractor with the data necessary to collect the fees and fines that are subject to this Contract. Contractor does not assume or accept responsibility for the integrity and/or accuracy of City's data. 9. Notices. All notices required or permitted in this Contract must be in writing and are deemed to be delivered when deposited in the United States mail, postage prepaid, certified mail, return receipt requested, as follows: If to City: Municipal Court Director P.O. Box 9277 Corpus Christi, TX 78469-9277 (361) 886-2515 If to Contractor: Linebarger Goggan Blair & Sampson, LLP 1949 South I H 35 Austin, TX 78741 (512) 447-6675 10. Compliance with Laws. Contractor and City shall comply with all applicable Federal, State, and City laws and regulations in performing this Contract. Contractor shall file required reports and comply with City conflict of interest provisions. 11. Bond and Insurance Requirements. Contractor covenants to maintain bonding and insurance coverage as required in Exhibit B. 12. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Contract Collections Contract -1-31-06 (WDSI 4 including authorizations for payment. All of Contractor's notices or communications regarding this Contract must be directed to the Contract Administrator, who is the Municipal Court Director, or designee. 13. Independent Contractor. Contractor shall perform the services under this Contract as an independent contractor and \tVi1l furnish such services in its own manner and method, and under no circumstances or conditions may any agent, servant, or employee of Contractor be considered as an employee of the City. 14. Indemnification. a. Contractor shall release, defend, indemnify and hold harmless the City, its agents and employees from and against any and all claims, losses, damages, causes of action, suits and liability of every kind, including all expenses of litigation, court costs and attorney's fees, arising out of or in connection \tVith the negligent acts and/or omissions of the Contractor, its officers, agents, or employees under this Contract. Contractor is expressly required to defend City against all such claims. The indemnity provision of this contract have no application to any claim or demand which results from the sole negligence or fault of City, its officers, agents, employees or contractors. And furthermore, in the event of joint and/or shared negligence or fault of City and Contractor, responsibility and indemnity, if any, is to be apportioned in accordance \tVith Texas law and \tVithout waiving any defenses of either party. The provisions of this paragraph are intended for the sole benefit of the parties to this Contract and are not intended to create or grant any right, contractual or otherwise, to any other persons or entities. b. Contractor must be given prompt written notification of any claims, loss, damage, suit or liability of any kind and has the right to defend such action through use of its own counsel. In its sole discretion, City shall have the right to select or to approve defense counsel to be retained by Contractor in fulfilling its obligation under this Contract to defend and indemnify City, unless such right is expressly waived by City Manager in writing. City reserves the right to provide a portion or all of its own defense, however, City is under no obligation to do so. Any such action by City is not to be construed as a waiver of Contractor's obligation to defend City or as a waiver of Contractor's obligation to indemnify City pursuant to this Contract. Contractor shall retain City approved defense counsel \tVithin seven (7) business days of City's written notice that City is invoking its right to indemnification under this Contract. If Contractor fails to retain Counsel \tVithin such time period, City shall have the right to retain defense counsel on its own behalf, and Contractor shall be liable for all costs incurred by City. 15. Insurance. Before activities can begin under this Contract, Contractor's insurance company(ies) must deliver a Certificate of Insurance, as proof of the required insurance coverage and the fidelity bond to the Municipal Court Director and Risk Manager. Additionally, the Certificate must state that the Municipal Court Director \tVi1l be given at least 30 days notice of cancellation, material change in the coverage, or intent not to renew any of the policies by certified mail. The City shall be named as an Additional Insured. The City Attorney must be given copies of all insurance policies \tVithin 15 days of the City Manager's written request for copies of the insurance policies. Insurance Collections Contract -1-31-06 (WDS) 5 requirements are attached and incorporated as Exhibit 8, and may be revised annually by the City Manager upon 30 days written notice to Contractor. 16. Fiscal Year. All parties recognize that the continuation of any contract after the close of any fiscal year of the City, which fiscal year ends on July 31 annually, is subject to appropriations and budget approval providing for such contract item as an expenditure in that budget. The City does not represent that the budget item will actually be adopted, that determination is within the sole discretion of the City Council at the time each budget is adopted 17. Assignment. This Contract is binding upon the parties, their legal representatives, successors, and assigns. This Contract must not be assigned without prior written consent of the City Council. 18. Venue. The laws of the State of Texas govem the interpretation, validity, performance and enforcement of this Contract. The parties agree that this Contract is performable in Nueces County, Texas and that exclusive venue lies in Nueces County, Texas. 19. Amendments. Except as specifically provided otherwise in this agreement, any alterations, additions, or deletions to the terms of this agreement must be by amendment to this Contract in writing and executed by both parties to this agreement. Modifications which do not change the essential scope and purpose of this Agreement may be approved on behalf of the City by the City Manager or designee. 20. Entirety. The entire Contract of the parties is contained in this Contract and this Contract supersedes all oral agreements and negotiations between the parties relating to the subject matter of this Contract. 21. Severance. The provisions of this Contract are severable. If any paragraph, section, subdivision, sentences, clause, or phrase of this Contract is for any reason held to be contrary to the law or contrary to any rule or regulation having the force and effect of the law, such decisions does not affect the remaining portions of the law, such decisions does not affect the remaining portions of the Contract. However, upon the occurrence of such event, either party may terminate this Contract by giving the other party 60 days written notice. 22. Duplicate Originals. This Contract is executed in duplicate originals, anyone of which, or a true copy of this Contract, have the same evidentiary value. Collections Contract - 1-31-06 (WDS) 6 23. Effective Date. The effective date of this Contract is the date of execution by the parties. In witness whereof, the parties have executed this Contract by signature below. CONTRACTOR: By: Name Title STATE OF TEXAS 3 3 COUNTY OF NUECES 3 This instrument was acknowledged before me on , 2006, by [NAME], [TITLE], for Linebarger Goggan Blair & Sampson, LLP, a Texas [TYPE ENTITY], on behalf of the [TYPE ENTITY]. Notary Public, State of Texas Collections Contract - 1-31-06 (WDS) 7 ATTEST: CITY OF CORPUS CHRISTI George K. Noe City Manager Armando Chapa City Secretary APPROVED AS TO LEGAL FORM: This day of ,2006. May Kay Fischer City Attorney STATE OF TEXAS 3 3 COUNTY OF NUECES 3 This instrument was acknowtedged before me on , 2006, by George K. Noe, City Manager of the City of Corpus Christi, a Texas home rule municipal corporation, on behalf of the corporation. Notary Public, State of Texas Collections Contract -1-31-06 (WDS) 8 Collections Contract -1-31-06 (WDS) Exhibit A MANAGEMENT REPORTS 9 EXHIBIT B INSURANCE REQUIREMENTS CONTRACTOR'S LIABILITY INSURANCE A Contractor must not commence work under this agreement until all insurance required herein has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been obtained. B Contractor must furnish to the City's Risk Manager two (2) copies of Certificates of Insurance, showing the following minimum coverage by insurance company(s) acceptable to the City's Risk Manager. The City must be named as an additional insured for the Professional liability policy. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-day written notice of cancellation, Bodily Injury and Property Damage material change, non-renewal or termination is required on all certificates Commercial General Liability including: $1,000,000 Combined Single Limit 1 Commercial Form 2 Premises - Operations 3 Productsl Completed Operations Hazard 4 Contractual Liability 5. Independent Contractors 6. Personallniury Professional Liability to indude : $1,000,000 Combined Single Limit 1. ERRORS AND OMMISIONS Employee Dishonesty I Fidelity Bond or Crime $50,000 policy to protect City against contractor's employee dishonesty C. In the event of accidents of any kind, Contractor must furnish the Risk Manager with copies of reports of any accident within ten (10) days of the accident. II. ADDITIONAL REQUIREMENTS A. Certificate of Insurance: * The City of Corpus Christi must be named as an additional insured on the Professional liability coverage. * If your insurance company uses the standard ACORD form, the cancellation clause (bottom right) must be amended by adding the wording "changed or" between "be" and "canceled", and deleting the words, "endeavor to", and deleting the wording after Collections Contract - 1-31-06 (WDS) 10 "left". In lieu of modification of the ACORD form, separate policy endorsements addressing the same substantive requirements are mandatory. * The name of the project must be listed under "Description of Operations" * At a minimum, a 30-day written notice of material change, non-renewal, termination or cancellation to the Risk Manager is required. Collections Contract - 1-31-06 (W OS) 11 13 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 02/28/2006 AGENDA ITEM: a. Motion authorizing the City Manager or his designee to approve a Renewal for Standard Maintenance with Oracle Corporation of Redwood Shores, California in the amount of $301 ,401.60 for twelve (12) months PeopleSoft software maintenance and support for Asset Management, Accounts Payable, Benefits Admin, budgeting, General Ledger, Human Resources, Inventory, Projects, Purchasing, Payroll, Time & Labor Public Sector software based on sole source. h. Motion authorizing the City Manager or his designee to approve a Renewal for Standard Maintenance with Oracle Corporation of Redwood Shores, California in the amount of $38,740.00 for twelve (12) months PeopleSoft software maintenance and support for eDevelopment, eCompensation, eBenefits, eProfile, eRecruit, ePay software based on sole source. L. Motion authorizing the City Manager or his designee to approve a Renewal for Standard Maintenance with Oracle Corporation of Redwood Shores, California in the amount of $27,35205 for twelve (12) months Oracle software maintenance and support for eProfile Manager Desktop, eCompensation Manager Desktop. Resume Processing, and Talent AcquisitIon Manager software ba<;ed on sole source ISSUE: Oracle Corporation has submitted Service Renewal quotations #P-98-212-00-000-23, #P-98-212-07-000-11, and #P-03-01491-000-8 for Renewal Standard Software Maintenance and Support Fees pursuant to the terms of the License Agreement. Software must be maintained to allow for upgrades, improvements and to ensure that it is stays compatible with other systems. Support is tor the period 03/25/2006 through 03/24/2007. Oracle Corporation is the sole provider of this licensing and technical support. According to Local Government Code 252.022(a)(7)(D), these are sole source procurement. BACKGROUND: On March 24, 1998, City Council authorized the purchase of PeopleS oft Human Resources, Benefits Administration, Payroll, Time & Labor, General Ledger, Payables, Purchasing, Asset Management, Projects, Budgets, Inventory, and SQR including five years teclmical support. In March 2002, PeopleSoft web-based applications eDevelopment, eCompensation, eBenefits, eProfile, eRecruit, and ePay were made available to the City at no initial cost including first year technical support. REQUIRED COUNCIL ACTION: City Council approval is required for all expenditures over $25,000. PREVIOUS COUNCIL ACTION: 02/22/2005 Council approved Renewals for Standard Maintenance for March 25, 2005 through March 24, 2006. 03/02/2004 Council approved Renewals tor Standard Maintenance for March 25, 2004 through March 24,2005. 03/04/2003 Council approved Renewals tor Standard Maintenance for March 25, 2003 through March 24, 2004. FUNDING: The total cost of$367,493.65 will be funded from the MIS Department current fiscal year operating budget. This purchase is within total project budget. CONCLUSION AND RECOMMENDATION: Staff' recommends approval of motions as requested. <:::::> .~. ~"L>.0c...:;.' Ogilvie Gericke, Director of MIS I Connie Burns - City of Corpus Christi 98-212-00 pdf Page 2 ORACLE' Oracle Service Renewal Quotation Date: 27..Jan-06 Connie BU11S City Of Corpus Chnsti MIS 0eJ:t. - 4th Floor PO Box fJ2n CORPUS CHRISTI TX 78469-92n United Stales Tel.: Fax: E-mail: 361 880-3830 connieb@c ctexas.com THIS QUOTATION is VALID THROUGH 24-Mar-OO. 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 VAUD AND YOUR ORDER Will NOT BE PROCESSED. If a change to the information proYided below is required, peese cortact me a1d an updated selVice renewal qucte wil be pIOI/ided to you in accordance with 0 racJe's technical suwort policies located at httD:/ Iwww oracle.com/sUllOOlt looIicies timl , Service Level: Software Update License & Support End Date: 24-Mar.o7 I Produd D&lCfiptlon - Lk:8nse Metric CSl ~ Qly Stat Dale PeqJleSdl Enterprise Plxchasing Fa Puliic Secta - RevEO.Je Perpetual 14486794 31500000O 2>Ma- -06 P&qlieSdl Enterprise Asset M..--nenl Fer Puliic Se - Revmue Perpetual 14486794 31500000O 2>Ma- -06 PeqJleSdl Enterprise AccOU1fs Payable Fer The Publi - RevEO.Je Perpetual 1448679 4 31500000O 2>Ma- -06 PeqJleSdl Enterprise Benefits Mnin Fa Puliic See - EmpOfees Perpetual 1448679 4 3500 25-Ma--06 PeCfJleSdl Enterprise Gtneral Ledger Fa The PIbIic - Rev..-ue Pe-petuaI 1448679 4 31500000O 2>Ma- -06 P&qlieSdl Enterprise Time And Laber F (J' Public Sect - EmplOfees P..-pEtual 1448679 4 3500 2>Mar.06 PeCfJleSoft Enterprise Payrdl Fa Pul:lic Secta - EmplOfees p..-pelual 1448679 4 3500 25-Mar-06 PeCfJleSoft Ent..,..ise Budges For Mic Sector - Rev61Ue Pe-petual 1448679 4 31500000O 25-MCI' -06 PocPeSdl Ent..-prise Hlrnll1 Re;arce; Fa Puliic See - EmplOfees Perpetual 1448679 4 3500 2>Mar-06 PeCfJleSdl Enterprise Inventory Fa F\JbIic Secta - RevEnue Perpetual 1448679 4 31500000O 25-MCI' -06 PocPeSdl Enterprise Prqect Cooting Fa Puliic See - Revmue P..-petual 1448679 4 31500000O 2&-Ma- -06 Cor1ract NI.I11ber: P-98-212-Q().OO(). -23 _,.,i,)n1'lit t)(., it. Ji ..orpU:o-..J HISl: 9b 212\)0 .xli Page 3 ORACLE' Tolal Amount: USD 301,401.60 Plus Applicat:le Tax Contract NLmber: P-98-212-QO.OOO- -23 ! COnille buer:s '..~Ity 01 i':;orpllS \';hrlstl 98-21L-07 pdt Page 2 ORACLE' Oracle Service Renewal Quotation Date: 27..Jan-06 Comie Bums City Of Corpus Chnsti MIS DllIX. - 4th Floor PO Box 'J277 CORPUS CHRISTi TX 78469-9277 United States Tel.: Fax: E-mail: 361 880-3830 connleb@c ctexas.com THIS QUOTATION IS VALID THROUGH 24-Mar..()6 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 VAUD AND YOUR ORDER WILL NOT BE PROCESSED. If a change tathe irtormation provided beioN is requi'ed, PEIIISEl ca1act me and .... updated 5elVice renewal Qlde wil be provided to you in accordance with Oracle's technical sURJOrt policies located at httD:/IWWW aacle.com/slDlCllt IOOides html I Service Lewl: Software Update License & Support End Date: 24-Mar-07 Product Description -License Maine CSI. Qty Sta"! Dale PeqlleSdl Enterprise Ecanpensalicn - Employees Perpelual 1448679 5 3500 2!;.Mar-06 PellJleSoft Enterprise Ereen.\ . Employees P€I'PElua 1448679 5 3500 25-Mar-06 PellJleSoft Enterprise Eprctile - Employees f'g-PEluaI 1448679 5 3500 25-Mar -06 PellJleSoft Enterprise Edevscpment - Employees Perpelual 1448679 5 3500 25-Mar -06 PellJleSoft Enterprise EIl€I'leIils - Employees PerpeIua 1448679 5 3500 25-Mar -06 PellJleSoft Enterprise Epay - Employees Perpetua 1448679 5 3500 25-Mar.06 Total Amount: USD 38.740.00 Plus Applicalje Tax Contract Number: P-98-212-o7-OOO- -11 ,JI I I€:< .._ L'~ U Jorpu:; []n~ti U '''U14':~1 ,HJT Page 2 ORACLE' Oracle Service Renewal Quotation Date: 30-oec~5 Connie Bums City Of Corpus ChliSli City at Corpus Ctvisti PO Box 9277 CORPUS CHRISTI TX 7~9277 United States Tel.: Fax: E-mail: 361 880-3830 connieb@cClexas.com THIS QUOTATION IS VALID THROUGH 17-Feb-06. 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 VAUD AND YOUR ORDER WILL NOT BE PROCESSED. If a change to the irlormation provided belCM1 is reqWed, pease cortact me and an updated 5elVice renewal quote win be provided to you in accordance with Oracle's technical sURJOrt policies located at htto:/1www oracle.comIsuooort looIicies html Service Level: Software Update License & Support PeqJIeSoft Enterprise ePtdile Malager DesktqJ . Employees P~ 1447889 5 End Date: 17-Fe1HJ7 Qty Stat Dale 3600 18-Feb-06 3600 18-Feb-06 3600 18-Feb-06 3600 18-Feb-06 3600 18-Feb-06 Product Oesaiplion License Metric PecpleSoft Enterprise eCompmsaticn Ma1agEJ Desl<tqJ' EmJlOYees P~ CSI II 1447889 5 Ccnversicn Or/y Ibm Was . Employee; p..-petua 1447889 5 PeqJIeSoft Ent..-prise Resume Processing . Employees Pe-petual 1447889 5 PeqJIeSoft Ent..-prise r afent Acq..isiticn Ma1ager Employ_ P..-p€luaI 1447889 5 Total Amount: USD 27,352 .05 Plus Applicalie Tax Contract Number: P-Q3-()1491~ 8 14 CITY COUNCIL AGENDA MEMORANDUM February 28, 2006 AGENDA ITEM: Motion authorizing the City Manager or his designee to procure 400 licenses and professional services from Kronos, Inc. of Chelmsford, MD in an amount not to exceed $40,875.00 to be used by the Fire Department. Kronos is the standard time keeping system utilized by the City. ISSUE: Per recommendations made by TriData, the Fire Department has been actively pursuing options to improve efficiency. Currently, administrative staff spends a significant amount of time manually entering time worked by Fire employees into the PeopleSoft HR system for payroll. When implemented, Kronos will automatically generate the hours worked based on the schedules created by battalion chiefs within the FireHouse application. Administrative staff will only have to adjust that time on an exception basis before the data is automatically transmitted from Kronos into PeopleSoft HR. There will be no impact on the day to day activities of the firefighters. Kronos, Inc. is the sole provider of Kronos application software/hardware maintenance. REQUIRED COUNCIL ACTION: City Council approval is required for expenditures over $25,000 PREVIOUS COUNCIL ACTION: On July 25,2000, City Council authorized the purchase of the Kronos time management system from Kronos Inc. Since that time, City Council has approved subsequent annual software/hardware maintenance renewals. FUNDING: The total cost of $40,875.00 will be funded from the MIS Department Fiscal Year 2005-2006 budget. CONCLUSION AND RECOMMENDATION: Staff recommends approval of the motion as presented. o.;::-~~~ Ogilvie F. Gericke Director of MIS Attachments: Kronos Order Form Quote ~~ KRONOS Kronos Order Form Kronos Incorporated 297 BUlerlca Road Chelmsford. MA 01824 Telephone: 1-978-150-9800 Quote#: 36047 - 6 Date: 22-FEB-2006 Page: I j I Payment Terms 1\130 Customer PO Namber Sales Representative Morgan, Scott Order Type Upgrade US Bill To Altn: JANET W\L T( IN CITY OF CORPUS ( HRISTI 1201 LEOPARD CORPlJS CHRISTI TX 78401 United Stat"" FOB Shipping Point Sblp Method Ship To Altn: JANET W AL TON CITY OF CORPUS CHRISTI 1201 LEOPARD CORPUS CHRISTI rx 78401 United States SUSAN ALLEN susans@cctexas.com License Contact License EmalJ Notes; This order reflects a WTK capacity increase from 3100 employees to 3500 This ordcr reflects a WTK Manager LIcense capacity increase from 150 to 175 This order is subject to th" terms and conditions of the Software and Sales Agreement signed by Kronos and the City of Corpus Christi dated August 24, 2004 Line Product Product Description Payment Terms 1.0 8800036-080 WORKFORCE TK -,5 N30 10 I SILVER-WFC Silver Support Serv'ce N30 Duration: I YR 2.0 8800039-000 WORKFORCE MANAGER v5 N30 20 I SILVER-WFC Silver Support ServKe N30 Duration: I YR 30 9990802-0NL MOMENTUM ONLINE 4 t. ~990002-0NL MOMENTUM ONliNE Units Qty License Capacity /Billing Role U alt Price Selling (USD) Total Price Selling (USD) EA I 400 15,000.00 15,000.00 CON 2,250.00 2,250.00 lOA I 25 7,500.00 7,500.00 CON 1,125.00 1,125.00 HR 8 Project Manager 187.50 1,500.00 HR 72 Application Consl 187.50 13,500.00 Subtotal 40,875.00 Deposit 0.00 Total Less Deposit (US D) 40,875.00 CITY OF CORPUS CHRISTI Kronos Incorporated Signature Name Signature: _~_.. Namc: Title: E /fecti ve Date: Title: ~ InVOIce amount will reflect deposit received. All professional services are biJJed as delivered with a payment term of Net Upon Receipt. Unless otherwise indicated above, this order is sU/Jject /0 the attached terms and conditions which the customer acknowledges have been read. 15 CITY COUNCIL AGENDA MEMORANDUM February 28, 2006 AGENDA ITEM: Motion authorizing the City Manager or his designee to procure twenty software licenses and portable printers from Advanced Public Safety, Inc. (APS) of Deerfield Beach, FL in an amount not to exceed $76,518.00. The PocketCitation application will enable police officers to issue tickets electronically in the field. ISSUE: The PocketCitation application will provide officers with the ability to issue electronic tickets in the field and print a copy of that citation for the citizen on the spot. The ticket records will then be electronically transferred into the Municipal Court system whereby eliminating the manual data entry of citations. It is expected that by issuing twenty of these handheld devices to the officers that write the most tickets, the work load in the citation entry division of Municipal Court will be substantially reduced. The units will be assigned to the traffic and motorcycle officers. In addition, the hand held unit itself will be purchased from Dell under our existing hardware lease agreement. Advanced Public Safety, Inc. is a vendor in good standing with the State of Texas Cooperative Purchasing Program. REQUIRED COUNCIL ACTION: City Council approval is required for expenditures over $25,000. PREVIOUS COUNCIL ACTION: None FUNDING: $70,168.00 will be funded from the Law Enforcement Trust Fund and $6,350.00 from the MIS Fund for Fiscal Year 2005-2006. System maintenance in the amount of $6,350 per year will be paid out of the MIS Fund. CONCLUSION AND RECOMMENDATION: Staff recommends approval of the motion as presented. :OJ f"- ~CA..<-~ Ogilvie F, Gericke Director of MIS Attachments: Order # 00630000003S7 A2 Software License Agreement ADVANCED PUBUC ~ 500 Fairway Drive, Suite 204 Deerfield Beach, Florida 33441 954-354-3000 (Main) 954-354-3001 (Fax) www.aps.us Proposal Date: 2/21/2006 Contact: Ms. Susan Allen Agency Name: Corpus Christi Police Dept Address: 321 John Sartain St Rm 525 . 5~~ty,State &Zip:_~~rpu~gl1!is!~T~J84~~2_521_. 00630000003S7A2 Pamela MacDougall (954) 354-3000 x 211 pam@aps.us i _-.J Electronic traffic citation for PocketPC handheld device t-- $1,225.00 $24,500.00 I I $142.20 $5,688.00 $6,350.00 $6,350.00 20 Zebra RW420 Printer wi Bluetooth and Magstripe (w/12-volt Power Supply) Zebra Thermal Paper (Case) Zebra RW420 thermal printer wi bluetooth and magstripe ~6 '-- . 1 Annual Maintenance Case (36 rolls) of Zebra High- Quality Paper Rolls -+ ! Annual Maintenance _.._.~_.._~._._._----+--~---- - ----~~----_...- TOTAL USD $76,518.00 Noh:: Pricing is guaranteed 90 days from date of proposal Sat/sfdet/on Ge/d'.1I, :CC APS provides a 100% Satisfaction Guarantee with all of our deployed solutions. APS is committed to ensuring each agency is completely satisfied with the development, implementation, and overall perfonnance of our solutions. APS does not request final payment until the solution is fully deployed and accepted by the agency. Below is the standard APS invoicing schedule: 50% due on receipt of purchase order 25% due on initial software delivery (excluding QuickData) 15% due on hardware delivery 10% due on final acceptance F/llanclfIg Of. i or APS products and services can also be financed utilizing a monthly payment option. The monthly payments can be structured to fit the budget requirements of each agency. The following are the estimated payments based upon the above proposed cost. 36 payments@ $3,495.06 per month 48 payments @ $2,407.71 per month 60 payments @ $1,864.03 per month The financing agreement includes a "non-appropriations" clause that enables the products to be returned if the appropriate funds are not available in subsequent budget years, The payments include annual maintenance costs for the term of the financing. SOFfW ARE LICENSE THIS SOFTWARE LICENSE (the "Agreement") is entered on , 2004 by and between ADVANCED PUBLIC SAFETY, INC. ("LICENSOR"), a Florida corporation, with principal offices located at 500 Fairway Drive, Suite 204, Deerfield Beach, FL 33441 and --- , ("LICENSEE"), located at ARTICLE I RIGHT TO USE LICENSED SOFTWARE ] .1 Defined Terms The terms in this Agreement are defined as follows: (a) Effective Date means the date entered above. (b) Licensed Software means the computer program relating to LICENSOR's Virtual Partner software application. (c) Host Software means the Virtual Partner family of products (QuickVoice, QuickTicket, etc) andlor PocketSuite (PocketCitation, PocketParking, etc) software sold by APS. 1.2 Grant of Right Subject to the terms and conditions set forth herein and as of the Effective Date, LICENSOR grants to LICENSEE, a personal, nontransferable, nonexclusive right to install and use the Licensed Software during the Term (as defined below) solely for internal law enforcement purposes through its police department or sheriff's office. Except as expressly permitted under this Agreement, LICENSEE may not permit any third party to use the Licensed Software nor may LICENSEE use the Licensed Software itselffor the benefit of any third party. ] .3 Copying LICENSEE may not decompile, disassemble, reverse engineer, or translate the Licensed Software into another computer language or otherwise reduce the Licensed Software to a human-perceivable form. 1.4 Ownership. The Licensed Software is LICENSOR's exclusive property. LICENSOR shall have sole and exclusive ownership of all right, title, and interest in and to the Licensed Software and all modifications and enhancements thereof (including ownership of all patents, trade secrets and copyrights pertaining thereto), subject only to the rights and privileges expressly granted by LICENSOR. This Agreement does not provide UCENSEE with title or ownership of the Licensed Software, but only a right of limited use. LICENSEE must keep the Licensed Software free and clear of all claims, liens, and encumbrances. 1.5 Transfer Prohibited LICENSEE may not sell, lease, sublicense or otherwise transfer or dispose of the Licensed Software, in whole or in part. ARTICLE II LICENSED SOFfW ARE ACCEPTANCE 2.] Installation. The Licensed Software shall be installed by LICENSEE upon delivery by LICENSOR. The computer shall be the type of computer used by UCENSEE'S intended users of the software and shall contain the same operating system and software. The date of this delivery will be referred to as the "Certified Date". 2.2 Performance. During the period commencing on the Certified Date and ending thirty (30) days thereafter (the "Performance Period"), LICENSEE shall utilize the Licensed Software and computer system for its intended purpose (in-service use), testing all operation modes and equipment configuration, with the system fully loaded, in order to determine whether the Licensed Software operates successfully. "Successful operation" is defined as the absence of any major software failure in the application software, which results in the disabling of a major item, resulting in the inability of the overall system to perform. Minor failures, such as operational problems and adjustment normally encountered during implementation of a ne\'.' system, shall not constitute a failure in achieving successful operation. 2.3 Acceptan,e. If the Licensed Software does not successfully operate, LICENSEE shall notify LICENSOR during the Performance Period with specific information detailing why LICENSEE believes the Licensed Software does not successfully operate. If LICENSOR agrees with such information, LICENSOR shall have ninety (90) days to make any revisions or corrections. If LICENSOR fails to make the corrections within such 90-day period, both LICENSEE and LICENSOR shall each have the right to terminate this Agreement and the License granted hereunder and LICENSEE shall receive a full refund of the Licensed Software Fees. If, at any time during the Performance Period, the Licensed Software is altered by an) party (except LICENSOR) in any way, or if the media has been damaged by accident, abuse or misapplication, or if the unsuccessful operation arises out of use of the Licensed Software with other than a recommended hardware configuration, the Licensed Software shall automatically deemed to be accepted by LICENSEE. If no notice of unsuccessful operation is received by LICENSOR prior to the expiration of the Performance Period, the Licensed Software shall be deemed accepted by LICENSEE. ARTICLE III SUPPORT AND MAINTENANCE 3.1 Eligibilit} for Support. To be eligible for support, LICENSEE must have a valid Licensed Software Agreement for the application and be in compliance with the schedule of payments. 3.2 Scope of Support Services,' Hours of Support. LICENSOR shall provide technical support to LICENSEE during the Initial Term and, provided all Annual Maintenance Fees (as defined below) are paid by LICENSEE, during Renewal Terms. Additionally, LICENSOR shall use reasonable diligence in correcting verifiable and reproducible bugs when reported in accordance with LICENSOR's standard reporting procedures, which may be modified from time to time at LICENSOR's discretion. If a bug exists, LICENSEE must provide LICENSOR with information sufficient for LICENSOR to duplicate the circumstances under which the bug in the Licensed Software became apparent. Such technical support shall be provided to LICENSEE 24 hours a day, 7 days a week. 3.3 Upgrades LICENSOR may, from time to time, issue new releases of the Licensed Software. LICENSOR shall provide LICENSEE with one (1) copy of each new release without additional charge. LICENSOR shall provide reasonable assistance to help LICENSEE install and operate each new release, provided that if such assistance is to be provided at LICENSEE's facility, LICENSEE shall pay supplemental charges set forth in LICENSOR's then current rate schedule for such assistance. LICENSOR shall use reasonable efforts to modifY the Licensed Software to work with upgrades to LICENSEE'S Host Software. 3.4 Maintenance. During the Initial Term and, provided all Annual Maintenance Fees (as defined below) are paid b) LICENSEE. during Renewal Terms, LICENSOR shall use reasonable efforts to ensure that the Licensed Software continues to successfully operate in the event of LICENSEE's upgrade of its Windows operating system, mobile client upgrades or changes, changes to national, state and/or local queries and modifications to law enforcement forms used by the Licensed Software. \.5 Obligations of Customer LICENSEE must provide new versions of its Host Software to LICENSOR prior to any installation of the Licensed Software to determine compatibility. LICENSOR will provide written confirmation of compatibility within ten (10) business days of the date of this Agreement. In the event the Host Software is deemed to be incompatible by LICENSOR LICENSOR shall make recommendations for compatibility. If LICENSEE chooses not to follow such recommendations, the provisions set forth in Article II shall not apply to LICENSEE and the Licensed Software shall be deemed to be accepted by LICENSEE prior to installation. ARTICLE IV PAYMENTS 4.1 Fees. LICENSEE shall pay a one-time Licensed Software Fee and an Annual Maintenance Fee. (Exhibit "A") 2 4.2 Payment Terms The Licensed Software Fee shall be due and payable when the Licensed Software is accepted as set forth in Article II. LICENSEE shall pay the Annual Maintenance Fee for the Initial Term when the Licensed Software is accepted as set forth in Article II. LICENSEE shall pay the Annual Maintenance Fee within thirty (30) days of the expiration of any Term for succeeding Renewal Terms. LICENSEE shall pay all hardware costs within thirty (30) days from delivery of hardware to LICENSEE. In the event that hardware is received in separate deliveries, partial payments shaH be made by LICENSEE within thirty (30) days of each delivery. ARTICLE V TERM AND TERMINATION 5.1 Term. The Term of this Agreement and the License granted hereunder shall be one (1) year (the "Initial Term") commencing on the Effective Date. The Initial Term shall automatically renew for subsequent terms (each, a "Renewal Term"; collectively, the Initial Term and any Renewal Terms are the "Term") unless either party provides written notice to the other of non-renewal no later than thirty (30) days prior to the expiration of a Term. Notwithstanding the foregoing, a Term shall not be renewed unless LICENSEE has paid the Annual Maintenance Fee prior to the commencement of the new Term. If LICENSEE fails to pay the Annual Maintenance Fee prior to the commencement of a new Term, this Agreement and the Licensed Software shall terminate immediately. 5.2 Termination for Breach. LICENSEE may terminate this Agreement and the License granted hereunder upon a material breach thereof, which such material breach has not be cured within thirty (30) days of the date of notice of such material breach to LICENSOR. If LICENSEE breaches any of its obligations under this Agreement, LICENSOR may, in addition to any other remedies it may have, immediately terminate this Agreement. Upon any termination of this Agreement, LICENSEE shall immediately cease any and all use of the Licensed Software and must destroy all copies of the Licensed Software in its possession (such destruction includes, without limitation, deleting all copies installed) and certify such destruction in writing to LICENSOR within thirty (30) days from the date of termination. In the event of any termination of this Agreement except such terminations pursuant to Article II, LICENSOR has no obligation to refund any amounts paid to it hereunder. ARTICLE VI WARRANTIES; LIMIT A TIONS ON LIABILITY 6.1 Limited Warranties. LICENSOR warrants that the Licensed Software conforms in all material respects to the specifications for the current release of the Licensed Software as described in LICENSOR's product specifications as of the date of this Agreement. This warranty is expressly conditioned on LICENSEE's observance of proper operating, security and data-control procedures set by LICENSOR.. LICENSOR is not responsible for obsolescence of the Licensed Software that may result from changes in LICENSEE'S requirements, including new software packages and/or operating systems used by LICENSEE. The foregoing warranty shall apply only to the most current release of the Licensed Software issued by LICENSOR from time to time. LICENSOR assumes no responsibility for the use of superseded, outdated, or uncorrected releases of the Licensed Software. EXCEPT AS SET FORTH IN THE FOREGOING LIMITED WARRANTY, LICENSOR DISCLAIMS ALL OTHER WARRANTIES EITHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. IF APPLICABLE LAW IMPLIES ANY WARRANTIES WITH RESPECT TO THE LICENSED SOFTWARE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY DAYS FROM THE DELIVERY DATE OF THE LICENSED SOFTWARE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, LICENSOR MAKES NO WARRANTY OR REPRESENT A TION OF ANY NATURE THA T THE LICENSEE'S USE OF THE LICENSED SOFTWARE WILL BE UNINTERRUPTED, ERROR FREE, OR SECURE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR, ITS DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES CREATES ANY WARRANTIES OR IN ANY WAY INCREASES THE SCOPE OF THIS LIMITED WARRANTY. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO LICENSEE. THIS WARRANTY GIVES LICENSEE 3 SPECIFIC LEGAL RIGHTS AND LICENSEE MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE. 6.2 Limitation of Damages LICENSOR IS NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, EVEN IF LICENSOR OR ITS REPRESENTATIVES HA VE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. LICENSOR'S TOTAL LIABILITY TO LICENSEE FOR ACTUAL DAMAGES FROM ANY CAUSE WHATSOEVER IS LIMITED TO THE AMOUNT PAID BY LICENSEE FOR THE LICENSED SOFTWARE THAT CAUSED SUCH DAMAGE. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MA Y N< >T APPLY TO LICENSEE. TO THE EXTENT PROHIBITED BY APPLICABLE LAW, THE FOREGOING LIMITATIONS OF DAMAGES DO NOT APPLY TO DAMAGES FOR PERSONAL INJURY TO LICENSEE, IF ANY. THE CUMULATIVE LIABILITY OF LICENSOR TO LICENSEE FOR ALL CLAIMS RELATED TO THE LICENSED SOFTWARE AND THIS AGREEMENT, INCLUDING ANY CAUSE OF ACTION SOUNDING IN CONTRACT, TORT, OR STRICT LIABILITY, SHALL NOT EXCEED THE TOTAL AMOUNT OF ALL FEES PAID TO LICENSOR HEREUNDER. Notwithstanding the foregoing, if the Licensed Software is altered by any party (except LICENSOR) in any way, or if the media has been damaged by accident, abuse or misapplication, or if the Licensed Software is used with hardware which is not recommended by LICENSOR, LICENSOR shall have no liability hereunder of any nature whatsoever. ARTICLE VII MISCELLANEOUS PROVISIONS 7.1 Escrow. Upon request by LICENSEE within ninety (90) days of the date of this Agreement, LICENSOR shall establish an escrow agreement with an independent third party agent for the source code of the Licensed Software. Release of the source code from escrow shall occur only when LICENSOR: (i) ceases dOing business and its business is not continued by another corporation or entity; (ii) becomes insolvent; (iiil makes a general assignment for the benefit of creditors; (iv) suffers or permits the appointment of a receiver for its business or assets; or (v) avails itself of, or becomes subject to, any proceeding under Federal Bankruptcy Act or any other statute of any state relating to insolvency or the protection of rights of creditors or conditions outlined elsewhere (collectively, the "Release Events"). Upon the occurrence of a Release Event. LICENSEE shall be entitled to receive a copy of the Source Code immediately from the Escrow Agent upon LICENSEE's notification in writing to the Escrow Agent of any of the circumstances set forth above. The source code will be released to the LICENSEE on the condition and for the sole purpose of maintaining and supporting the Licensed Software for the remainder of the Term and may not be otherwise used, transferred or sold. 7.2 Confidentiality. Subject to any applicable public records laws, LICENSEE shall hold all components of the Licensed Software in confidence for LICENSOR. Except to such of LICENSEE's employees to whom disclosure is necessary in order to use the Licensed Software as contemplated under this Agreement, LICENSEE must not disclose Licensed Software (including methods or concepts utilized therein) to any third part). LICENSEE must appropriately notify all employees to whom any such disclosure is made that such disclosure is made in confidence and must be kept in confidence. .3 Trademarks. Nothing contained in this Agreement grants LICENSEE any license or right to use any name, trade name, trademark, service mark, symbol or any other identification, or any colorable imitation thereof, belonging to or used or adopted by LICENSOR. 7.4 Statements On LICENSOR's request, but not more frequently than annually, LICENSEE shall furnish to LICENSOR a statement, certified by an authorized representative of LICENSEE, that LICENSEE's use of Licensed Software has been reviewed and that it is being used only for LICENSEE's internal business purposes and such use is in full compliance with the provisions of this Agreement, and an itemized list of the computers installed with the software. 4 7.5 Nonassignability. The parties have entered this Agreement contemplating personal performance by LICENSEE. The rights granted LICENSEE hereunder do not extend to entities or persons other than those expressly referred to herein. LICENSEE may not assign this Agreement or the License granted herein. 7.6 Entire Agreement Except with respect to any Confidentiality or Non-Disclosure agreement entered into by and between the parties, this Agreement represents the entire understanding and agreement between the parties with respect to the subject matter hereof, and supersedes all other negotiations, understandings and representations, if any, made by and between the parties. No representations, inducements, promises or agreements, oral or otherwise, if any, not embodied herein is of any force and effect, except with respect to any Confidentiality or Non-Disclosure agreement entered into by and between the parties 7.7 Survival. All covenants, agreements, representations and warranties made in this Agreement continue in full force and effect subsequent to and notwithstanding the Agreement's termination and until they are satisfied or by their nature expire. 7.8 Binding Effect This Agreement, whether so expressed or not, is binding upon, inure to the benefit of, and are enforceable by the parties and their respective personal representatives, legal representatives, heirs, successors and permitted assigns. 7.9 Notices. All notices, requests, demands, consents and other communications required or permitted under this Agreement must be in writing and must be (as elected by the person giving such notice) hand delivered, delivered by a nationally recognized courier service, or mailed by registered or certified mail (postage prepaid), return receipt requested, addressed to the appropriate party at its address set forth above or to such other address as that party may designate by notice complying with the terms of this Section. Each such notice is deemed delivered: (a) on the date delivered if by hand delivery or courier service; or (b) on the date upon which the return receipt is signed or delivery is refused or the notice is designated by the postal authorities or courier service as not deliverable, as the case may be, if mailed or couriered. 7.10 Venue. Uoverning La-w. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. The venue for any action or proceeding arising out of or in connection with this Agreement shall be in the applicable state or federal court located in Palm Beach County, Florida, and LICENSEE hereby waives any objection it may have to such venue, including, without limitation, an objection based on the assertion that this venue is an inconvenient forum. IN WITNESS WHEREOF, the parties have executed and delivered this Agreement on the date set forth above. LICENSOR: ADVANCED PUBLIC SAFETY, INC. LICENSEE: By: By: Print Name: JEFFREY D RUBENSTEIN Print Name: Its: CHIEF EXECUTIVE OFFICER Its: 5 16 AGENDA MEMORANDUM City Council Action Date: February 28, 2006 SUBJECT: Homeland Security Improvements at Wastewater Treatment Plants and Wastewater Equipment Yard (Project No. 7319) ~NDA ITEM: Motion authorizing the City Manager, or his designee, to execute a Contract for Professional Services with RVE, Inc. from Corpus Christi, Texas in the amount of $142,606 for Homeland Security Improvements at Wastewater Treatment Plants and Wastewater Equipment Yard. ISSUE: The project will provide for necessary improvements to the City's six (6) Wastewater Treatment Plants and the Wastewater Equipment Yard for Homeland Security requirements, including motorized vehicle gates and access control card readers at each gate. The project also includes a new high wall masonry fence along the Ennis Joslin right- of-way at the Oso Plant with an automatic gate. FUNDING: Funds for this project are available from the FY 2004-2005 Wastewater Capital Improvement Budget. RECOMMENDATION: Staff recommends approval of the motion as presented. ~~~~<X, Foster Crowell Director of Wastewater Services /" Idis~ ~~6 Director of Engineering Services A4dlJional Support Material: Exhibit "A" Background Information Exhibit "B" Contract Summary/Fee Exhibit "C" Location Map H:\HOMElR8chelle\GEN\Wastewaler\7319 HOMELAND SECURITY'Agenda Memo doc AGENDA BACKGROUND INFORMATION SUBJECT: Homeland Security Improvements at Wastewater Treatment Plants and Wastewater Equipment Yard (Project No 7319) PROJECT DESCRIPTION: The project will provide for necessary improvements to the City's six (6) Wastewater Treatment Plants and the Wastewater Equipment Yard for Homeland Security requirements, including motorized vehicle gates and access control card readers at each gate. The project also includes a new high-wall masonry fence along the Ennis Joslin right-of-way at the Oso Plant with an automatic gate to visually enhance the plant and provide aesthetic improvements along the Ennis Joslin frontage. These improvements will be compatible with the existing TxDOT improvements. Under a separate contract. landscaping and irrigation improvements will be done to complete the project. In addition, an access control system and card readers will be compatible with city-wide accessibility standards The sites to be included in this project are as follows: Oso Plant Laguna Madre Plant Equipment Yard Whitecap Plant Greenwood Plant Allison Plant Broadway Plant (2) vehicle gates (1 ) vehicle gate (3) vehicle gates (1) vehicle gate (2) vehicle gates (1) vehicle gates (1) vehicle qates Total of 11 gates The contract will consist of the following basic services: Preliminary Phase, Design Phase, Bid Phase and Construction Phase. It will also consist of the following additional services: Topographic Survey, Construction Observation Services and Warranty Phase Services. CONTRACT SUMMARY/FEE: A contract summary and fee is attached as Exhibit "8." FUTURE COUNCIL ACTION: Approval of the necessary construction contract to complete the project as required. PRIOR COUNCIL ACTION: 1. March 29, 2005 - Approving the FY 2005 Capital Budget in the amount of $178,074,800 (Ordinance 026188) PRIOR ADMINISTRATIVE ACTION: 1, April 1 , 2005 - Distribution of Request for Qualifications (RFQ) No. 2005-01 Wastewater and Parks and Recreation Projects to 189 engineering firms (76 local and 113 non- local). 2. April 27, 2005 - Addendum No.1 to the Request for Qualifications (RFQ) No. 2005-01 Wastewater and Parks and Recreation Projects to 189 engineering firms (76 local and 113 non-local). rl\HOME\Rac~elle\GEN\Wastewater"3' HOt," i_AND 'fCC(HITV'",,;rfJDA BACKGRUUND CONTRACT SUMMARY 1. SCOPE OF PROJECT: Homeland Security Improvements at Wastewater Treatment Plants and Wastewater Equipment Yard - Project No. 7319 This project will provide for necessary improvements to the City's six (6) Wastewater Treatment Plants and the Wastewater Equipment Yard for Homeland Security requirements including motorized vehicle gates and access control card readers at each gate. The project also includes a new high wall masonry fence along the Ennis Joslin right- of-way at the Oso Plant with an automatic gate. 2. SCOPE OF SERVICES The AlE hereby agrees, at its own expense, to perform professional services necessary to review and prepare plans, specifications, and bid and contract documents. In addition, AlE 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. 3. SCHEDULE DAY DATE ACTIVITY Tuesday Feb 28 2006 Council Approve Contract Monday Mar 06 2006 Contract Signed/NTP Monday Mar 06 2006 Begin Preliminary Phase Monday May 01 2006 Submit Preliminary Report Friday May 12 2006 Comments From City Monday May 15 2006 Begin Design Phase Friday Jun 26 2006 Interim Submittal Friday Jul 07 2006 Comments From City Monday Jul 24 2006 Pre-Final Submittal Friday Aug 04 2006 Comments From City Monday Aug 21 2006 Final Submittal Monday (2) Aug 28/Sep 4 2006 Advertise for Bids Wednesday Sep 13 2006 Pre-Bid Conference Wednesday Sep 27 2006 Receive Bids Monday Oct 30 2006 Begin Construction Friday Mar 30 2007 Construction Completion H IHOMElRachellelGENIWas1ewater\7319 HOMELAND SECURITYlConlract Summary doc 4. FEES Fee for Basic Services Gates Fence Total 1 Preliminary Phase $14,433 $9,447 $23,880 2. Design Phase 27,234 17,825 45,059 3, Sid Phase 2,732 1,788 4,520 4. Construction Phase 1 3,006 8,513 21,519 ! Subtotal Basic Services Fees 57,405 37,573 94,978 ! i Fee for Additional Services (Allowance) 11. Permit Preparation (TBD) 0 0 0 ! 2. ROW Acquisition Survey (TSD) 0 0 0 3. Topographic Survey (AUTHORIZED) 4,472 2,927 7,399 4. Environmental Issues (TSD) 0 0 0 I 5. Construction Observation Services 21,970 14,380 36,350 6. Start-up Services (TSD) 0 0 0 7. Warranty Phase 2,345 1,534 3,879 Sub-Total Additional Services Fees Authorized 28,787 18,841 47,628 Total Authorized Fee $86,192 $56,414 $142,606 H:IHOMElRaehellelGENIWastewaterl7319 HOMELAND SECURITYlContract Summary. doc \MproJect \counCllexhibits\exh 1 J 19.dwg ~ N '-r)n ;)ctriCiO County 'A< ... ALLISON WWTP ~ NUECES BAY ..,.. CORPUS CHRISTI BAY LAGUNA MADRE WWTP . z CITY SERVICE CTR. EQUIPMENT YARD B ~ $i & WHITECAP WWTP 4. ;y (j LOCA TION MAP NOT TO SCALE PROJECT No. 7319 EXHIBIT "C" HOMELAND SECURITY IMPROVEMENTS AT WASTEWA TER TREA TMENT PLANTS AND WASTEWA TER EQUIPMENT YARD CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 02/22/2006 ~ -- - - - - -- -- 17 AGENDA MEMORANDUM City Council Action Date: February 28, 2006 SUBJECT: City-wide Infiltration Related Collection System Enhancement Program (Project No. 7344) AMENDMENT NO.1 AGENDA ITEM: A. Ordinance appropriating $944,839 from the unappropriated interest earnings from Wastewater 1995A CIP Fund 4242 for the City-wide Infiltration Related Collection System Enhancement Program; amending capital budget adopted by Ordinance No. 026188 by increasing appropriations by $944,839; and declaring an emergency B. Motion authorizing the City Manager, or his designee, to execute Amendment NO.1 to the Contract For Professional Services with Brown and Caldwell from Austin, Texas in the amount of $944,839, for a total re-stated fee of $969,789, for City-wide Infiltration Related Collection System Enhancement Program. ISSUE: Work under the Sub-Basin Master Plan will cover the development of recommendations for collection system improvements for twelve (12) undeveloped study areas. Deterioration of the City's Wastewater collection system allows infiltration and inflow of water and foreign material into the system. This results in reduced line capacity and manhole overflows potentially leading to non-compliance with environmental regulations. The fee of the proposed Amendment NO.1 exceeds the minimum contract amount of $25,000; and requires Council action, FUNDING: Funds forthis project are available from the FY 2004-2005 Wastewater Capital I mprovement Budget. RECOMMENDATION: Staff recommends approval of the motion as presented. -\2~~~~3/0fQ ~?~~ .?fZJ~? Foster Crowell, g R. Escobar, P.E. Director of Wastewater Services irector of Engineering Services AddJtional Support Material: Exhibit "A" Background Information Exhibit "B" Contract Summary Exhibit "C" Location Map H \IJSERS2\HOMEIVELMAP\GENIWASTEWATERI7344\1A BROWN AND CALDWELLIAGENDA ITEMIAGENDA MEMO BACKGROUND INFORMATION SUBJECT: City-wide Infiltration Related Collection System Enhancement Program (Project No. 7344) PROJECT BACKGROUND: Portions of the Greenwood Wastewater Treatment Plant Basin and Oso Water Reclamation Plant Basin are in need of a sanitary sewer evaluation survey (SSES). Deterioration of the City's Wastewater collection system allows infiltration and inflow of water and foreign material into the system. This results in reduced line capacity and manhole overflows potentially leading to non-compliance with environmental regulations. Preliminary improvements are to have smoke testing (in a phased approach the proposed Amendment NO.1 will analyze each basin in segments, with approximately 200,000 linear feet), line cleaning and televising for condition reports to determine the highest priority sections of the collection system. Reports that enable the City to meet Capacity, Management, Operations, and Maintenance (CMOM) requirements must be generated. Proposed improvements involve installing flow monitors, rehabilitating collection lines and lining or reconstructing manholes with fiberglass. This is an on-going program that continually provides maintenance and improvements. as funding allows, for optimal performance and integrity of the City's wastewater system. This will lead to required improvements to limit infiltration and inflow. AMENDMENT NO.1: The proposed Amendment No. 1 consists of two (2) parts as follows: a Part 1 - Sub-Basin Master Plan - Work under this task will cover the development of recommendations for collection system improvements for twelve (12) undeveloped study areas. The deliverables will include a map identifying the proposed land use, preferred collection system pipe alignment, pipe diameter, direction of flow, and any other collection system infrastructure improvements that will need to be incorporated into the study areas. The map will be accompanied by a technical memorandum that will identify the methodology and background information used and the alignment alternatives. 1 Compile and Review Existinq Documentation - Consultant will collect and review existing reports and documentation provided by the City that will assist in the master planning efforts. These documents will include: . Previous reports and master plans related to the collection system . Design criteria and standards . Sewer system maps and record drawings . GIS maps and databases . Planning, land use and population information . Historical Maintenance Records EXHIBIT "A" Pa e 1 of 5 '1.\USERS2\HOME\VELMAP\GEN\WASTEW" TER\7344\1A BROWN AND CALDWELLIAGENDA ITEMIAGENDA BACKGROUND 2. Land Use and PlanninQ · Review Land Use and Population Data - Meet with City planning staff, review existing land use maps for each study area. Review and incorporate proposed and recently approved construction plans and plats. · Population Proiections - Use population projections provided by the City to calculate flow requirements for the proposed study areas. In areas where population information is not available, develop population projections based on current land use maps. · Develop Study Area Boundaries - Meet with City staff and perform site visits and review plat maps in order to identify the limits of each study area. 3. Site Investigation Field SurveyinQ · Perform Record DrawinQ/Survey Data Research - The Consultant will research record drawings and survey data available to determine and coordinate the City's vertical datum basis of all elevation data. · Site Investioations - The Consultant team will walk each site and the proposed alignments to review site conditions, constructability, and other possible conflicts and confirm the need for right-of-way or easement acquisition. · Field SurvevinQ · Environmental Record Data Compile existing environmental, archeological and geotechnical data and show on master plan map. This will be done in accordance with the Texas Historical Commission and the Antiquities Code of Texas. 4. DesiQn Flow Calculations - Calculate average, peak and wet weather flows for each of the 12 study areas. 5. Technical Memorandum - Sub-Basin Master Plan with Map · Assess the Alternatives - Review short and long term benefits for the alternatives. Review the constructability, capacity and positive and negative impacts for the alternatives. · Technical Memorandum - This memo will discuss and identify the methodology and background information used in the master plans and the alignment alternatives. · Master Plan Maps - The maps will identify the proposed land use, preferred collection system pipe alignment, pipe diameter, direction of flow, and any other collection system infrastructure improvements that will need to be incorporated into the study areas. 6. Proiect Status Updates & MeetinQs · Proiect Kickoff Meetino - Consultant team will facilitate a project kickoff meeting to discuss project goals and objectives; project scope, schedule, and deliverables; team member roles and responsibilities; lines of communication; and key coordination issues. · Proiect Status Meetinos - During the course of the project, the Consultant team will meet with City staff on the average of once a month to review EXHIBIT "A" Pa e 2 of 5 " .,USERS2IHOMEIVELMAP\GENIWASTEWf. TER\734411A BROWN AND CALDWELLIAGENDA ITEM\AGENDA BACKGROUND project status and discuss project issues. Consultant team will prepare agenda and meeting minutes for each meeting. Approximately twelve (12) project status meetings over the duration of the project shall occur (approximately once per month). The Consultant will develop a project schedule using Microsoft Project that shows activities and each task (by sub-task). · Approvals - assist the City in presentations to the Planning and Zoning Committee and to the City Council for approval of Sub-Basin Master Plans, including required exhibit prepatation. · Part 2 - Oso Service Area and a portion of Greenwood Service Area Inflow- Infiltration (I-I) / Sanitary Sewer Evaluation Survey (SSES) - Deterioration of the City's Wastewater collection system allows infiltration and inflow of water and foreign material into the system. This results in reduced line capacity and manhole overflows potentially leading to non-compliance with environmental regulations. Preliminary improvements are to have smoke testing, line cleaning and televising for condition reports to determine the highest priority sections of the collection system. Reports that enable the City to meet Capacity, Management, Operations, and Maintenance (CMOM) requirements must be generated. Proposed improvements involve installing flow monitors, rehabilitating collection lines and lining or reconstructing manholes with fiberglass. This is an on-going program that continually provides maintenance and improvements, as funding allows, for optimal performance and integrity of the City's wastewater system. This will lead to required improvements to limit infiltration and inflow. Note: The Greenwood Wastewater Treatment Plant Basin is not experiencing significant sanitary sewer overflows at this time, therefore only a small portion has been designated. This Basin will be monitored for future needs. 1 Data collection and review - Meet with City Staff to collect and review existing data. Proiect Status Updates: · Proiect Kickoff Meetinq - Consultant team will facilitate a project kickoff meeting to discuss project goals and objectives; project scope, schedule, and deliverables; team member roles and responsibilities; lines of communication; and key coordination issues. . Proiect Status Meetinqs - During the course of the project, the Consultant team will meet with City staff on the average of once a month to review project status and discuss project issues. Consultant team will prepare agenda and meeting minutes for each meeting. Approximately twelve (12) project status meetings over the duration of the project shall occur (approximately once per month). The Consultant will develop a project schedule using MicroSoft Project that shows activities and each task (by sub- task). 2 Prepare a Rehab Decision Tree - Prepare a Decision Tree to aid City staff and the Engineer to determine the appropriate rehabilitation options for the sanitary EXHIBIT "A" Page 3 of 5 H\USERS2\HOME'VELMAP'GEN\W AS f EW ~ r ER\7344\ lA BROWN AND CALDWELL \AGENDA ITEM\AGENDA BACKGROUND sewer system. A Decision Tree that walks through the process of determining which rehabilitation option is desirable would be prepared. The Decision Tree could consider such items as severity of the defect, environmental impacts, location of the defect (i. e. in alley, street, or creek) and frequency of defects, typical rehabilitation costs, additional impacts on the overall system, and City of Corpus Christi goals. Two decision trees will be developed, one for Manholes and the other for Mainline Sewer. 3. CCTV Recommendations - Review collected manhole and CCTV data and use the Rehab Decision Tree to determine appropriate rehabilitation needs for the Oso Bas study area. 4. Rehab Cost Estimates 5. Presentations to City Staff DELlVERABLES: Part 1 - Sub-Basin Master Plan - The deliverables for Part 1 include the following: · A map identifying the proposed land use, . Preferred collection system pipe alignment, . Pipe diameter, . Direction of flow; and · Any other collection system infrastructure improvements that will need to be incorporated into the study areas. The map will be accompanied by a Technical Memorandum that will identify the methodology and background information used and the alignment alternatives. Part 2 - Oso Service Area and a portion of Greenwood Service Area Inflow- Infiltration (I-I) / Sanitary Sewer Evaluation Survey (SSES) - The deliverables for Part 2 include a Technical Memorandum with an executive summary, opinion of probable construction costs with life cycle analysis, defined technical evaluations of identified feasible alternatives, and review with City staff to produce an acceptable format. The Technical Memorandum will correlate with CCTV Report for ease of use by the Wastewater Department, and will include the following (with constructability being a major element in all the following items): 1 Review of the Project with the respective Operating Department(s) and discussions including clarification and definition of intent and execution of the Project; The AlE will meet with City staff to collect data, discuss materials and methods of construction, and identify design and construction requirements. 2 Review and investigation of available records, archives, and pertinent data related to the Project including taking photographs of the Project site, list of potential problems and possible conflicts, intent of design, and improvements required, and conformance to relevant Master Plan(s). EXHIBIT "A" Pace 4 of 5 .USERS2IHOMEIVELMAPIGENIWASTEWA TER\7344\1A BROWN AND CALDWELLIAGENDA ITEMlAGENDA BACKGROUND 3. Identify results of site field investigation including site findings, existing conditions, potential right of way/easements, and probable Project design solutions (which are common to municipalities). 4. Provide a presentation of pertinent factors, sketches, designs, cross-sections, and parameters which will or may impact the design, including engineering design basis, preliminary layout sketches, identification of needed additional services. preliminary details of construction of critical elements, identification of needed permits, identification of specifications to be used, identification of quality and quantity of materials of construction, and otherfactors required for a professional design (constructability). 5. Confer, discuss, and meet with City operating department(s) and Engineering Services staff to produce a cohesive, well-defined proposed scope of design, probable cost estimates(s) and design alternatives. 6. Provide a letter stating that the AlE and Sub-consultant Engineers have checked and reviewed the technical memorandum prior to submission. CONTRACT SUMMARY/FEE: A contract summary and fee is attached as Exhibit "B." FUTURE COUNCIL ACTION: Approval of construction contract to complete the project as required; and amendment of the Wastewater Master Plan. PRIOR COUNCIL ACTION: 1 March 29, 2005 - Approving the FY 2005 Capital Budget in the amount of $178,074,800 (Ordinance No. 026188). PRIOR ADMINISTRATIVE ACTION: 1 April 1, 2005 - Distribution of Request for Qualifications (RFQ) No. 2005-01 Wastewater and Parks and Recreation Projects to 189 engineering firms (76 local and 113 non-local). 2. April 27, 2005 - Addendum NO.1 to the Requestfor Qualifications (RFQ) No. 2005- 01 Wastewater and Parks and Recreation Projects to 189 engineering firms (76 local and 113 non-local). 3~ November 8, 2005 - Administrative approval of Small AlE Agreement with Brown and Caldwell for a total fee of $24,950 for the City-wide Infiltration Related Collection System Enhancement Program Project. EXHIBIT "A" Pa e 5 of 5 H\USERS2\HOME\VELMAP\GEN\WASTEW~TER\7344\11\ BROWN AND CALDWELL\AGENDA ITEM\AGENDA BACKGROUND CONTRACT SUMMARY CITY-WIDE INFILTRATION RELATED COLLECTION SYSTEM ENHANCEMENT PROGRAM (Project No. 7344) 1. SCOPE OF PROJECT Sub-Basin Master Plan - Work under this task will cover the development of recommendations for collection system im provements for twelve (12) undeveloped study areas. The deliverables will include a map identifying the proposed land use, preferred collection system pipe alignment, pipe diameter, direction of flow, and any other collection system infrastructure improvements that will need to be incorporated into the study areas. The map will be accompanied by a technical memorandum that will identify the methodology and background information used and the alignment alternatives. Oso Service Area and a portion of Greenwood Service Area Inflow-Infiltration (I-n/Sanitary Sewer Evaluation Survey (SSES) - Deterioration of the City's Wastewater collection system allows infiltration and inflow of water and foreign material into the system. This results in reduced line capacity and manhole overflows potentially leading to non-compliance with environmental regulations. Preliminary improvements are to have smoke testing, line cleaning and televising for condition reports to determine the highest priority sections of the collection system. Reports that enable the City to meet Capacity, Management, Operations, and Maintenance (CMOM) requirements must be generated. 2 SCHEDULE Sub-Basin Master Plan Dav Date Activity Wednesday 03/01/06 Beoin Preliminary Phase (Areas 1-3) Monday 03/06/06 Interim Submittal NO.1 Friday 03/17/06 City Review & Revisions Monday 03/27/06 - 06/27106 Final Submittal NO.1 - Planning and Zoning Approval and City Council Approval Monday 03/27/06 Beoin Preliminary Phase (Areas 4-6) Monday 05/01/06 Interim Submittal NO.2 Friday 05/12/06 City Review & Revisions Monday OS/22/06 - 08/15/06 Final Submittal NO.2 - Planning and Zoning Approval and City Council Approval Monday OS/22/06 Beoin Preliminary Phase (Areas 7-9) Monday 06/26/06 Interim Submittal No.3 Friday 07/07/06 City Review & Revisions Monday 07/17/06 - 10/10/06 Final Submittal NO.3 - Planning and Zoning Approval and City Council Approval Monday 07/17/06 Begin Preliminary Phase (Areas 10-12) Monday 08/21/06 Interim Submittal No.4 Friday 09/01/06 City Review & Revisions Monday 09/11/06 - 12/12/06 Final Submittal NO.4 (Maps 10-12) - Planning and Zoning Approval and City Council Approval Monday (2) TBD Advertise for Bids Tue/Wed/Thu TBD Pre-Bid Conference Wednesday TBD Receive Bids Monday TBD Begin Construction Weekday TBD Construction Completion H'USERS2\HOME\VELMAP\GENIWASTEWATER\7344\1A BROWN IINO CALOWELL\AGENOA ITEMlCONTRACT SUMMARY 050 Service Area and a portion of Greenwood Service Area Infiltration-Inflow (I-I) Sanitary Sewer Evaluation Survey (SSES) Day Date Activity Wednesday 03/01/06 Begin SSES Investigation Monday 11/27/06 Submit Draft Report Friday 1 2/11 106 City Review and Revisions Thursday 12/21/06 Pre-Final Submittal Monday 1/8/2007 City Review and Revisions Monday 1/15/2007 Final Report Submittal Monday TBD Advertise for Bids Tue/Wed/Thu TBD Pre-Bid Conference Wednesday TBD Receive Bids Monday TBD Begin Construction Weekday TBD Construction Completion 3. FEES -- Sub-Basin Oso/Greenwood Total Master Plan Basin SSES c _. , Fee for Basic Services Preliminary Phase -. $300,162 $182,527 $482,689 1. . - -_...._.._- 2. Desion Phase 0 0 0 -----.-" : 3. Bid Phase 0 0 0 4. Construction Phase 0 0 0 I Subtotal Basic Services .- 300,162 182,527 482,689 [=:J i Fee for Additional Services 1. PermiUina TBD TBD TBD 2. ROW Acouisition Survey TBD TBD TBD 3. Topographic Survey 28,105 12,788 40,893 4. Environmental Issues TBD TBD TBD 5. CCTV and Line Cleanina TBD 208,370 208,370 6. Construction Services Observation TBD TBD TBD 7. Manhole Inspections (500 MHs) TBD 50,347 50,347 8. Temp Flow Monitor (5 sites/60 days) TBD 40,091 40,091 9. Smoke Testina (200,000 LF) TBD 84,636 84,636 l10. Dve Water Testina (25 tests) TBD 4,813 4,813 . 11. Expose/Uncover/Patch Buried MHs TBD 27,500 27,500 (Allowance) ! 12. 6 inch Pilot Study (10,000 LF) TBD TBD TBD 13. Service Lateral Assessment TBD TBD TBD ! 14. Update Existing GIS WW Data TBD 5,500 5,500 i 15. Interactive Data Visualization TBD TBD TBD i 16. Traffic Control Plans TBD TBD TBD Subtotal Additional Services 28,105 434,045 462,150 Total Authorized Fee $328,267 $616,572 $944,839 -- H\USERS2IHOMFWELMIIPIGEMWAS1 EWA fERI7344>1A BROWN AND CALDWELL'AGENDA ITEMICONTRACT SUMMARY \ Mproject \ councilexhibits \ exh 7344. dwg \. rJt 624 CORPUS CHRISTI BAY ONGOING AREA lA WAS MASTER PLANNED THROUGH SMALL A E LoeA TION MAP NOT TO SCALE PROJECT No. 7344 CITY-WIDE INFIL TRA TION RELA TED COLLECTION SYSTEM ENHANCEMENT PROGRAM-SUB BASIN MASTER PLAN LOCA TIONS CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 2 DATE: 02/15/2006 ~ N GULF OF MEXICO EXHIBIT .C. ~ -- - - - - ~ \ Mproject \councilexhibits \exh 7344b.dwg ;or, Pot! ~ N /"~ ~ (~ '\ yJv--~ ( ( " - . i il I ~ NUECES SAY Ii! I CORPUS CHRISTI BAY PORnONOFGREENWOODBA~N INCLUDED IN THIS CONTRACT HIlI' 44 Ii! j!; ~ OSO WWTP BASIN ! f.ll. 4J ! " '" flj 2444 OSO WWTP BASIN - PORTION OF GREENWOOD BASIN INCLUDED IN THIS CONTRACT LoeA TION MAP NOT TO SCALE PROJECT No. 7344 EXHIBIT "C" aIT.WIDEmF~TRAnONRELATED COLLECTION SYSTEM ENHANCEMENT PROGRAM-OSO WWTP BASIN CITY COUNCIL EXHIBIT CITY OF CORPUS CHRIST/, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 2 of 2 DATE: 02/15/2006 Ii -- - - - - ~ ORDINANCE APPROPRIATING $944,839 FROM THE UNAPPROPRIATED INTEREST EARNINGS FROM WASTEWATER 1995A CIP FUND 4242 FOR THE CITY. WIDE INFILTRATION RELATED COLLECTION SYSTEM ENHANCEMENT PROGRAM; AMENDING CAPITAL BUDGET ADOPTED BY ORDINANCE NO. 026188 BY INCREASING APPROPRIATIONS BY $944,839; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Appropriating $944,839 from the Unappropriated Interest Earnings from Wastewater 1995A CIP Fund 4242 for the City-wide Infiltration Related Collection System Enhancement Program. SECTION 2. Amending capital budget adopted by Ordinance No. 026188 by increasing appropriations by $944,839. 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 September, 2006 ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Henry Garrett Mayor APPROVED: February~, 2006 hn P. Burke, Jr. Senior Assistant City At For City Attorney ORD APPRO from WW1995a.lIa Corpus Christi, Texas ____ Day of J 2006 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 ORD APPRO from WW 1995a.1I:1 18 AGENDA MEMORANDUM DATE: February 28, 2006 SUBJECT: Wesley Seale Dam Annual Inspection and Monitoring Program AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute Amendment NO.4 to a contract with Freese & Nichols, Inc. in the amount of $65,000 for engineering services for the fifth year of a Five Year Inspection and Monitoring Program at Wesley Seale Dam. ISSUES: The proposed contract will is necessary to continue the normal annual TCEQ inspection program and provide an enhanced inspection and monitoring recommended by the consultant. Approval of the motion as presented. / Eduardo Gararia, P.E Water Director J/;u/Dk J.,I~ t:.~ z/Z-~6 ~ R. Escobar, P.E. Director - Engineering Services Attachments: Exhibit A - Additional Information Exhibit B - Contract Summaries Exhibit C - Location Map H. IHOMEIKEVI NS\GEN\W A TER\S EALE\5YRSVC\AE2006AEAgendaMemo. doc ADDITIONAL INFORMATION SUBJECT: Wesley Seale Dam Annual Inspection and Monitoring Program SUMMARY: TCEQ regulations require an annual inspection program for dams. The inspection program was suspended with the concurrence of TCEQ (formerly TNRCC) due to the intensive inspections taking place during the Spillway Rehabilitation Project. Following the completion of any major dam project, the normal practice is to conduct an enhanced inspection and monitoring program. The proposed contract amendment provides for the continuation of the annual inspection program required by TCEQ and the second reduction in the enhanced inspection and monitoring program. This contract represents the fifth year of the enhanced inspection program, and a continuing reduction in a phased approach to a normal inspection level. Depending on the results of the 2006 inspection, the inspection program should be reduced in 2007 to a program that closely approximates a normal annual inspection program BACKGROUND: The Wesley Seale Spillway Stabilization Project was completed during March, 2001. The project consisted of the addition of mass ballast to increase the stability and safety factor of the dam. The completed project achieved the objectives of the program allowing the dam to operate at its full conservation pool of 94 feet M.S.L. Other significant improvements include the installation of a parapet wall to (elevation 109.3 feet) which allows the safe passage of the probable maximum flood. Instruments were installed in the spillways for the remote monitoring of the dam. This allows the continuous collection of data for the most critical components of the restoration project. FUTURE COUNCIL ACTIONS: Award of monitoring and inspection contracts for year 5. CONTRACT SUMMARY/FEE: The proposed contract is for the fifth monitoring period. Freese and Nichols will provide: · Annual safety inspection; · Precision survey statistical analysis; and · data reduction of the precision survey. The contract also provides for preparation and delivery of a safety inspection report, a statistical analysis report, a report of any out of normal findings, and a summary report to the Council. EXHIBIT "A" I Page 1 of 2 H. \HOME\KEVI NS\GEN\W A TE R\SEALE\5YRSVC\AE2006AEAgendaBkg ExhA. doc The proposed fee is $65,000 compared to a fee of $102,800 in 2005 and $259,750 in 2004. The change in fee is due to the deletion of three tasks from 2004, and decrease in the data reduction tasks from 2005, The contract summary is attached. See Exhibit B. FUNDING: Funds are available from Water Department Operating Budget. RECOMMENDATION: Approval of the motion as presented. EXHIBIT "A" I Page 2 of 2 H .\HOME\KEVINS\GE N\W A TER\S EALE\5YRSVC\AE2006AEAgendaBkgExhA.doc CONTRACT SUMMARY Section I, SCOPE OF SERVICES, is amended by adding the following tasks: R SAFETY INSPECTIONS The Engineer will 1 perform one safety inspection of Wesley Seale Dam in July of 2006. The inspection will be performed over a two-day period by a two-man team of registered professional engineers experienced with the rehabilitation of Wesley Seale Dam; 2 provide 6~copies of the safety inspection report to the City Engineer. The annual inspection report shall include interpretive comments regarding the data collected and recommendations concerning the future monitoring of the instrumentation at Wesley Seale Dam-the safety report will incorporate the data plots for the year; and 3 present a summary of the safety inspection report to the City Council in December of 2006, if required, S PRECISION SURVEY STATISTICAL ANALYSES The Engineer will' 1 perform one statistical analysis of the Precision Survey Data provided by the City of Corpus Christi in 2006. The City provided survey data report is to be of the same format as the 2005 data report; and 2 provide three copies of the statistical analysis report. The format of this report will be identical to the 2005 statistical analysis report by Dr. Kam Wong provide to the City by the Engineer in 2005. T DATA REDUCTION The Engineer will. 1 provide manpower to input, reduce and plot the data collected and provided by the City at Wesley Seale Dam from November 1, 2005 to November 1 2006, Data is to include readings or flow measurement from 102 piezometers, 17 extensometers, 25 relief wells, and 41 sand drains, and 2 provide engineering services to analyze and report to the City any out of the ordinary readings. Section II. FEE, is amended by the revision of the Summary of Fees (Table 1). Exhibit B Page 1 of 3 SummarY of Fees (Table 1) Task Description Fee PHASE I ORIGINAL CONTRACT Basic Services 1.A Annual Safety Inspection $33,200 1.8 Precision Survey Statistical Analysis $13,850 1C Six Month Data Reports (2) $22,450 I I Basic Service $69,500 AMENDMENT NO.1 10 Annual Safety Inspection $34,200 I 1.E Precision Survey Statistical Analysis $14,000 1.F Six Month Data Reports (2) & Data Reduction/Plotting $45,000 I 1 G 2002 Flood Affects Analyses $24,500 I 1H North Spillway Extensometer Analyses $13,500 I Amendment No.1 Additional Services $131,200 I AMENDMENT NO.2 . 21 Annual Safety Inspection $36,000 2.J Precision Survey Statistical Analysis $14,700 I Six Month Data Reports (2) & Data Reduction/Plotting $47,250 12.K 2.L North Embankment Piezometer Investigations $55,000 ! 2.M Remoted Piezometers and Extensometer Repair $76,800 I I Perform an updated breach analysis, developer flood inundation mapping and 12N update the emen::jency action plan for Wesley Seale Dam $30,000 Amendment No.2 Additional Services $259,750 AMENDMENT NO.3 3.0 Annual Safety Inspection $37,800 I i 3.P Precision Survey Statistical Analysis $15,400 3.Q Six Month Data Reports (2) & Data Reduction/Plotting $49,600 I I Amendment No.3 Additional Services $102,800 i ! Basic Services plus Amendments No.1 & 2 Subtotal $460,450 I i TOTAL AUTHORIZED FEE $563,250 Exhibit B Page 2 of 3 ! I AMENDMENT NO.4 I t4R Annual Safety Inspection $39,700 4.S Precision Survey Statistical Analysis $16,100 4T Data Reduction $9,200 .~ -- Amendment No.4 Additional Services $65,000 .- Basic Services plus Amendments No.1, 2 & 3Subtotal $563,250 ~ I -- TOTALAUTHOR~EDFEE $628,250 I ~ ._~ Exhibit B Page 3 of 3 ,Ie ,:.1pfJ)eC [ \. ~ ..."unclleXtl/[); ts \ eX(ioJ88. cjwg ~ N c(~ \ i ) i [/ THREE RIVERS LAKE TEXANA CHOKE CANYON RESERVOIR '\ \, BLOOMINGTON / / /c9S )I SEADRIFT / / / 77 / (/ ~ MARY RHODES // PIPELINE WESLEY SEALE DAM / NUECES RIVER CD C'\J ON STEVENS WATER PLANT LOCA TION MAP NTS CITY PROJECT NO. 8388 EXHIBIT "C" (Amendment No.4) CITY COUNCIL EXHIBIT CITY OF CORPUS CHRIST/, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 02-28-2006 ~ -- - - - - ~- WESLEY SEALE DAM ANNUAL INSPECTION AND MONITORING PROGRAM 19 CITY COUNCIL AGENDA MEMORANDUM February 28, 2006 AGENDA ITEM ~ Motion authorizing the City Manager or his designee to execute a Right of Way Easement containing 1.089 acres and a Utility Easement containing .294 acres, both located atthe southeast corner of the Yorktown Blvd. and Cimarron Blvd. intersection, from the owners Robert J. Gonzalez and wife, Carrie L. Gonzalez, in the total amount of $182,200, both necessary for the Cimarron Boulevard Street Improvement Project (#6262), Phase 2, Bond 2004 and for other municipal purposes. ISSUE: The Cimarron Boulevard Street Improvement Project, Phases 1 and 2, were approved by Bond Issue 2004, Proposition NO.1 Street Improvements on November 2, 2004. Both phases will involve reconstructing approximately 2,500 linear feet of roadway and utility improvements extending from Saratoga Blvd. to Mireles Elementary School. Phase 2 of the project will require acquisition of right-of-way at the southeast corner of the Cimarron Blvd. and Yorktown Blvd. intersection currently owned by Mr. and Mrs. Robert J. Gonzalez. City staff has negotiated with the landowners for the purchase of a Right-of- Way and Utility Easement at this corner in the total amount of $182,000, which requires City Council approval and passage of this motion. FUNDING: Streets: 550701-3541-00000-170540 - $163,980 Stormwater: 550701-4525-00000-170540 - $ 18,220 Total Amount Requested: $182,200 RECOMMENDATION: Approval of the motion as presented. f ItI?~ ~/p, 1ge1 R. Escobar, P. E. Director of Engineering Services Attachments: Exhibit A. Exhibit B. Exhibit c. Background Information Council Exhibit (Project Parcel Map) Council Exhibit (Parcels 1A,1 B - R.O.W. & Utility Easements) H:\HOME\EUSEBIOG\GEN\Agenda Items\Cimarron Blvd. St. Imps, Ph. 1, Gonzalez\Agenda Memorandum.doc BACKGROUND INFORMATION SUBJECT: Cimarron Blvd. Street Improvements (#6262), Phase 2, Bond 2004 Acquisition of Right-of-Way & Utility Easements (Gonzalez) PRIOR COUNCIL ACTION: A. Ordinance appropriating $402,233.80 from the un-appropriated interest earnings from Street 2000 CIP Fund 3411 B; and appropriating in Street 2000 CIP Fund 3411 B; appropriating $202,169.13 from Street 2001 CIP Fund 3540 and appropriating in Street 2001 CIP Fund 3540; for the Cimarron Boulevard Improvements Project, Phases 1 & 2; amending capital budget adopted by Ordinance No. 026188 by increasing appropriations by $604,402.93; and declaring an emergency. (Ordinance No. 02647) B. Motion authorizing the City Manager, or his designee, to execute a Contract For Professional Services with Maverick Engineering in the amount of $1 ,359,999 for the Cimarron Boulevard Improvements Project as follows: Phase 1 - from Saratoga to Yorktown, Phase 2 - from Yorktown to Bison. (Motion No. M2005-134) C. Resolution recognizing the public necessity of acquiring Right of Way, Utility and Drainage Easements for the Cimarron Boulevard Street Improvement Projects, Phases 1 and 2, Bond 2004 Projects, for street and drainage improvements in connection with the projects; and authorizing acquisition by means of negotiations or eminent domain proceedings by the City of Corpus Christi in acquiring said easements. (Resolution No. 026541 ) PRIOR ADMINISTRATIVE ACTION: None PROJECT BACKGROUND: This project will include approximately 2,500 linear feet of roadway and utility improvements. The proposed street improvements will include widening Cimarron Boulevard to a C-3 collector 4-lane roadway with new curb and gutter, sidewalks, driveways, lane stripping/marking and wheel chair ramps including right-turn and left-turn lanes at this intersection. The utility improvements include replacing the existing 12" water line with a new 16" water line and appurtenances along with a new storm water sewer trunk system A new 10" force main will also be installed along this route. Phase 1 will include acquiring seven (7) parcels of Right-of-Way Easements of various widths beginning at the intersection of Saratoga and Cimarron southward to the new Cimarron Lake Estates Subdivision. Phase 2 involves acquiring four (4) parcels beginning at the intersection of Yorktown and Cimarron southward to the Mireles Elementary School. Two of these four have previously been acquired out of the Mariposa Subdivision, just south of these subject parcels. The fourth parcel is located at Mireles Elementary School and its need is currently being re-evaluated by both the City and CCISD. The parcel locations for both Phases 1 and 2 are shown on the attached Exhibit B. EXHIBIT A 1 of 2 City staff has negotiated the purchase of a Right-of-Way Easement containing 1.089 acres and a fifteen foot wide Utility Easement containing .294 acres from the landowners of record. The parcels are located at the south corner of the intersection of Cimarron Blvd. and Yorktown Blvd. as shown on the attached Exhibit C. Both parcels were appraised by American Appraisers. Inc. in the total amount of $173,500 based on a B-4 zoning and commercial value of $5.00 per square foot. A part of this Right-of-Way easement was discounted down 50% because of an existing drainage easement located within it. City staff negotiated a counter-offer made by the landowners which resulted in the agreed purchase price of $182,200. It is recommended that this amount be approved in order to proceed with the project and allow AEP to relocate transmission poles located at this intersection. The right-of-way will be acquired as an easement requiring no title company involvement. H:\HOME\EUSEBIOG\GEN\Agenda Items\Cimarron Blvd. St. Imps, Ph. 1, Gonzalez\Background.doc EXHIBIT A 20f2 SARATCH3A B,,_:tJlEVARD ~ w en .g: I tl '" w en <!. I tl NOT TO SCALE CITY PROJECT No. 6261,6262 EXHIBIT B CIMARRON BL VO. STREET IMPROVEMENTS PHASE 1 & 2 BONO 2004 CITY COUNCIL EXHIBIT DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI, TEXAS DATE; 11-08-2005 ~ -- - - - - ~ PAGE: 1 of 1 rile \ Mpro)ect \/andacq \exh6262bdwg ~ N ~: FM 2444 LOCA TION MAP NOT TO SCALE ~ ~ YORKTOWN BL VD PARCEL IA RIGHT-OF-WAY EASEMENT (1 089 ACRES) PARCEL IB 15' UTILITY EASEMENT (.294 AC.) RECORD OWNER: ROB RT J. GONZALEZ IT UX I I ~ MARIPOSA SUBD. ~ ~ >: ~ ... '" CITY PROJECT No. 6262 VICINITY MAP NOT TO SCALE EXHIBIT C , CIMARRON BLVD., PH 2 YORKTOWN TO BISON R. O. W. & UTILITY EASEMENTS CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 02-22-2006 ~ -- - - - - ~ 20 AGENDA MEMORANDUM AGENDA ITEM: Motion authorizing the City Manager to execute a Deferment Agreement with Kelly Pharr Investors, L TD, (Developer), in the amount of $98,100.20 for the installation of water, wastewater, and storm sewer public improvements to serve Brookhaven Subdivision Block 8, Lots 2 and 3, located east of U.S. Highway No. 77 and south of Brookhaven Drive, in accordance with the Platting Ordinance section V-Required Improvements, Subsection A.3 (b). ISSUE: Mr. Murray Hudson, with Urban Engineering on behalf of Kelly Pharr Investors, L TD, developer of Brookhaven Subdivision, Block 8, Lots 2 and 3, submitted deferment agreement documentation to defer the construction of water, wastewater, storm water pUblic improvements to serve the subdivision in accordance with the Platting Ordinance. REQUIRED COUNCIL ACTION: Council authorization for the City Manager to enter into a deferment agreement with Kelly Pharr Investors, L TD, (Developer). CONDITION: Developer must deposit a letter of credit or equally liquid negotiable security with the City of Corpus Christi in the amount of 110% of the cost of the project, and comply with all other requirements of the deferment agreement. RECOMMENDATION: Staff recommends approval of the ordinance as presented. ~CP Director of Development Services Attachments: Exhibit A Background Information Exhibit B Location Map Exhibit C Deferred Improvements Exhibit D Cost Estimates Exhibit E Deferment Agreement AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION BACKGROUND: The development and platting of Brookhaven subdivision, Block 8, Lots 2 and 3, located east of US Highway 77 and south of Brookhaven Drive, require the construction of water, wastewater and storm water public improvements. Mr. Murray Hudson, with Urban Engineering on behalf of Kelly Pharr Investors, L TD, owner and developer of Brookhaven subdivision, Block 8, Lots 2 and 3 submitted deferment agreement documentation to defer the construction of required public improvements in accordance with the Platting Ordinance. The Planning Commission on its June 15, 2005 meeting approved the plat for Brookhaven subdivision, Block 8, Lots 2 and 3. On February 8, 2006, the Planning Commission recommended the execution of the Deferment Agreement and found reasonable cause to delay the requirement to complete 75% of the required public improvements in order to expedite the recordation of the plat. A Deferment Agreement, (Exhibit D) between the City of Corpus Christi and Kelly Pharr Investors, L TD will allow the developer to defer the construction of required improvements for a period of approximately one (1) year from the date the Deferment Agreement is signed and approved. This deferment will allow the Developer to record the plat and obtain building permits. The developer has agreed to deposit $98,100.20 in the form of a letter of credit, which is 110% of the estimated cost of constructing the required improvements (Exhibit C), in compliance with the Platting Ordinance. Construction plans for the installation of the public improvements will be reviewed and approved by the City prior the execution of the Deferment Agreement. RECOMMENDATION: Staff recommends approval of the motion as presented. EXHIBIT A --- ----- ----- - 7------ .-V' -/ Northwest Boulevard r-- r-- o z >- o ~ -C .Q' :r: U1 _:J U Brookhaven Dr. "- Site 0 McBurnett Dr. LOCATION MAP Not to Scale DEFERRMENT EXHIBIT FOR BROOKHAVEN SUBDIVISION 9lOCK 8, lOTS 2&3 Co us Christi Texas o 2006 by Urban Engineering EXHIBIT B ~~_.._-_._--~ lJ[ TO EXIST. 8" WATERlJIt: W(8" TN'PI<<; SlIIVE NIt) B TAPPING GATE VAlVE. . I \.. I ' 15'18" P\IC I C-!IOO _____ 3OQ'Jdl" P\IC C-900 ' ", Exist " ". / . '''' 8 .GJ!' '#1/2 ~! Brookhoven Drive ~.l BlOWOFT V~VE~ Iii . EmtinQ "--.i..___~ 6- Wot.rhn~ C lJ' "2 \ t \ <?~\ ~ / ( lE !l . :J. ~ J. II "~ III R1~ 78.30 II fl-73.0:l: ~oc 'G1t. z ~~ I I C ~ co' ~,llli <:n co (/) --' _. Soo I I II"' ~ 0 ~m ~;r~Ntr.,i ~g >r I m <( >- 'it ~ . ~::?j I II II Exist ~: o I Fire:r: 0 Ct:: . \ I ,(HYdront 6--' CD I I"JI 0 '-- 'I &5 ........... 24' RC PLUG I, : '.............,,~ l Fl=70.!lO I rtlll - - -- 1111 I Existill<J ----- _____ ,I ~ 8" 'ICP Fl=R2:l:: r<'6$' .t<'~" :--... J\tps :--...:--... '-'o.'.t \ .......-., , '. ---- \ I \ ' '--t--- '. \ ---, - -- ,.' - - -" - " ........ ----.. " NOTE: OFFSITE DRAINAGE EASEMENTS FOR STORM SEWER HAVE BEEN ACQUIRED. ---_._--------~ WATER, SANITARY SEWER I AND STORM SEWER PLAN I 1 50 1 00 ~. -- '\ I I .<1) > 'C o .<1) ~ Ul .:s:. o o '- m 4o~t. f'r t:; '/017 Ditc f) EXHIBIT C 50 0 100 ~CALE 1"=100' DEFERRMENT EXHIBIT FOR BROOKHAVEN SUBDIVISION BLOCK 8, LOT~ 2 & ~; Cor us Christi, Texas 200 1 o 2006 by Urtlan Engineering trllURBA " _~~;;I~~ p.o.. ~ __. COIPUS CHfllI81\. 1DcIt5 """'-&3DfI PM::ME: ~,) .......3101 'AX: (381) eo+-eoo' JOB NO. ~.A" 01 DATE: 1/ BY:t.tfliLgT DEFERRMENT AGREEMENT FOR BROOKHAVEN SUBDIVISION BLOCK 8, LOTS 2 3 Corpus Christi, Texas QUAN. ;H_9UAN._~;l!NlT i UMT S-h I PRICE _ _278 jTF J 520 . _~~ L 798. LF - ------. ~ .~_._~ 3 EA: _ _~_1-] -E/l:-l 1 I L~__~_ ____un_un' __------L STORM SEVv'ER SUB-TOTAL: Eng: Murray Hudson By: CRR I~M_1 OESCRIP110N A. STORM SEVvER IMPROVEMENTS: 1 2 3 4 5 6 124" RCP--- 130" RCP ..-4-.-....__....___._.___ __ _ _ iOSHA Tr~nch Pr~~~ction 14' Diameter Manhole I :24" RCP Plug -l=-------- -- i 30" Outfall Structure 8. WATER IMPROVEMENTS: 2651 495-+-- 760' 3 1 1 - -i--- I -fn_- 1 2 3 4 5 6 i 8" PVC C-900 i -'--' -p',' - -"- i 8" Gate Valve and Box I - --~- - ------ i Fire Hydrant Complete and I nplace 18" PVC Plug --- ---~ I ------- i8" Tapping Sleeve w/8" Tapping Gate Vavle I _."~-'-'__ . Tie to Existing Waterfine ___ , -3-1-5 T-----.. 331-;- LF 1 -- ----~rt EA r~ - --- -rr LS 1 i 1 I EA _ -- "---------~-j. 1 1 EA 1 ---1! EA - --~ - ---~-I C. SANITARY SEWER IMPROVEMENTS: _1 18" PVC (5' - 8' Cut) 2 · Class '0' Embedment 3- iOSHA Trench Protection- ~ - 4 '4' Diameter Manhole {5'-8' Deep) D. MISCELlANEOUS ITEMS: 1 2 3 General Conditions OCPlnsurance Silt Fence Construction Entrance Jan. 20,2006 Job No. 16798.A5.01 $34.00 $43.00 $2.00 $2,500.00 $200.00 $4,500.00 $22.00 $750.00 $3,000.00 $250.00 $2,500.00 $1,000.00 100 : 1001 ==__100 I _- 2 I ---i- I 105 LF 105 LF 105 LF -.-----t 2' EA $25.00 $7.00 $2.00 $2,500.00 SANITARY SEWER IMPROVEMENTS: .----.----.--1----- --~-, j _1 1 I 1 ; . - -. ._- --.- --~rtH - -~--- -- 1- I T---- - U_ -j MISCELLANCEOUS SUB-TOTAL: ; TOTAL ESTIMATED IMPROVEMENTS COSTS: .---- - T ENGINEERING FEE @ 7.5%: 1. - -----,-- I GRAND TOTAL: 1 ; LS ----:rt-Ts ---~.._+ 1 . LS _ __._..._n____.i $10,000.00 $2,000.00 $2,000.00 t i I 1------ - ---------1- I Urban Engineering 2725 Swantner Corpus Christi, TX 78404 1-361-854-3101 TOTAL COST $9,452.00 $22,360.00 $1,596.00 $7,500.00 $200.00 $4,500.00 $45,608.00 $7,282.00 $750.00 $3,000.00 $250.00 $2,500.00 $1,000.00 $14,782.00 $2,625.00 $735.00 $210.00 $5,000.00 $8,570.00 $10,000.00 $2,000.00 $2,000.00 $14,000.00 $82,960.00 $6,222.00 $89,182.00 $98,100.20 EXHIBIT D DEFERMENT AGREEMENT STATE OF TEXAS ~ ~ COUNTY OF NUECES ~ This Agreement is entered into between the City of Corpus Christi, a Texas home rule municipality, 1201 Leopard Street, Corpus Christi, Texas 78401 (hereinafter "City") and Kelly Pharr Investors, L TD, a Texas limited partnership, 1317 Hackberry Ave., McAllen, Texas 78501 (hereinafter "Developer"). WHEREAS, Developer in compliance with the City's Platting Ordinance, has filed a plat to develop a tract of land "Brookhaven Subdivision, Block 8, Lots 2 and 3" (herein called "Development") ; WHEREAS, the plat of Brookhaven Subdivision, Block 8, Lots 2 and 3, (Exhibit 1), approved by the Planning Commission on June 15, 2005 provides for the construction water, sanitary and storm sewer lines public improvements; WHEREAS, the Platting Ordinance, Section III, Paragraph H, Subparagraph 5, requires Developer to construct seventy-five percent (75%) of the required on-site and off-site, public improvements, including construction of water, sanitary and storm sewer lines, Exhibit 2, prior to the time that the above said plat of the Development is filed for record; WHEREAS, Developer agrees to construct on-site and off-site infrastructure and related site improvements in accordance with the City approved construction plans and specifications; WHEREAS, the Developer is seeking to have the plat filed immediately with the County Clerk of Nueces County , Texas, before completion of seventy-five percent (75%) of the improvements required by Section III, Paragraph H, Subparagraph 5, of the Platting Ordinance; WHEREAS, the Developer will deposit the sum of Ninety-eight Thousand One Hundred and 20/100 Dollars ($98,100.20), which is 110% of the estimated cost of constructing the deferred improvements, as shown on the costs estimate, which is attached hereto and incorporated herein as Exhibit 3, with the CITY OF CORPUS CHRISTI; WHEREAS, the City Attorney and Director of Finance have approved this transaction; 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 WHEREAS, the Developer is entering into this Deferral Agreement as required by Section V, Paragraph A Subparagraph 3.(b) of the Platting Ordinance. Deferment Agreement Kelly Pharr gws 060203.doc EXHIBIT E NOW, THEREFORE, the City and Developer agree as follows: 1. The City agrees to waive the requirement that required improvements be seventy-five percent (75%) completed before the final plat is signed by the City's Director of Engineering and further agrees to allow the Developer to defer the completion of the construction of the required improvements, including construction of the of water, sanitary and storm sewer lines, as shown in Exhibit 2, (hereinafter "deferred improvements"), for up to one (1) year from the date this Deferment Agreement is approved. 2. The Developer shall deposit with the City of Corpus Christi, an irrevocable letter of credit issued by International Bank of Commerce (IBC) in the amount of Ninety-eight Thousand One Hundred and 20/100 Dollars ($98,100.20), in a form and substance acceptable to the Director of Finance, for 110% of the estimated cost of constructing the deferredJmprovements, as shown in Exhibit 3, which is attached to and incorporated into this agreement. Said irrevocable letter of credit, Exhibit 4 shall be deposited with the City of Corpus Christi before the City Council meeting to be held on February 14, 2006. Failure of Developer to deposit said letter of credit as set forth herein shall make this Agreement null and void. 3. The Developer agrees to construct the deferred improvements, including construction of water, sanitary sewer and storm sewer lines, in accordance with the City's engineering standards in effect at the time of construction. 4. Upon completion of the deferred improvements by February 14, 2007, or such later time as may be mutually agreed upon by both parties, and upon acceptance of the Project by the City Engineer and upon compliance by the Developer with the terms of the Deferment Agreement, the City Engineer shall immediately release Developer from all obligations hereunder, by mailing such Release Letter to: Kellv Pharr Investors, L TD 1371 Hackberry Ave. McAllen, Texas 78501 and thereafter refund to the Developer within sixty (60) days of the completion of construction and settlement of construction contracts, any balance remaining of all monies received by the City from the Developer, including interest earned. 5. If the deferred improvements have not been completed by February 14, 2007, or if the Developer fails to deposit any increased security as set out below, after notice to the Developer and opportunity to cure as stated in Paragraph 8 below, the City will call the letter of credit andJransfer the balance of the amounts received, including any interest earned, to the appropriate City fund and the City will then begin completion of the deferred improvements with any monies Deferment Agreement Kelly Pharr gws 060203.doc received from the Developer, both principal and interest, remaining after completion of construction being refunded by the City to the Developer. If the City constructs all or any part of the deferred improvements, the Developer agrees to reimburse the City for any additional cost of the deferred improvements, if the sum of money and interest prove inadequate to complete the deferred improvements, within thirty (30) days after City completes the deferredJmprovements and bills the Developer. 6. The City and Developer agree that if the Developer formally vacates the current plat, with approval of the Planning Commission, prior to the deadline for the completion of the construction of the deferred improvements the money received by the City from the Developer, remaining on deposit, plus interest earned, will be released and immediately returned to the Developer. 7. If Developer defaults in any of its covenants or obligations under this Deferral Agreement, the City Engineer will send Developer and the Project Engineer written notice by certified mail, return receipt requested, advising Developer of the default and giving Developer thirty (30) days from date of receipt of the letter to cure the default. If the Developer fails to cure the default after such notice and opportunity to cure, the City Engineer will exercise the City's rights and transfer any monies received and interest earned to the appropriate fund of the City to complete the deferred improvements. In the event there are any monies received by the City from the Developer, plus interest earned, remaining after the City has completed construction of the deferred improvements, the excess monies, both principal and interest, shall be refunded to Developer within sixty (60) days of the completion of construction and settlement of construction contracts. 8. The Developer agrees that the City, after notice in writing to the Developer and Project Engineer, may accelerate payment or performance or require additional security when the City Engineer determines that the prospect of payment or performance is questionable. 9. The Developer covenants to construct the deferred improvements, and that such covenant shall be a covenant running with the land. 10> The City's Director of Engineering Services, at Developer's expense, shall file of record this Deferment Agreement in the records of Nueces County. 11. No party may assign this Deferment Agreement or any rights hereunder with the prior written approval of the other parties. 12. 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 by 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 Deferment Agreement Kelly Pharr gws 060203.doc accord with the provisions of this paragraph, specify a different address or addressee for notice purposes. 13 This Agreement shall be construed under and in accordance with the laws of the State of Texas. All obligations of the parties created hereunder are performable in Nueces County, Texas Any and_all lawsuits pursuant hereto shall be brought in Nueces COUilty, Texas. 14 The Developer further agrees, in compliance with tho City of Corpus Christi Ordinance No. 17113, to complete, as part of this Agreement, the Disclosure of Ownership interests form attached hereto, Exhibit 5. 15 This Agreement shalt 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 shaH become effective and binding upon and shall inure to the benefits of the parties and their respective heirs, successors and assigns. EXECUTED in triplicate this >- I day Of.__~~~.. ,2006. Kelly Pharr Investors, L TO C'Developer"} 1317 Hackberry Ave., McAllen, Texas 78401 PHONE NUMBERS ~/~ By: _ STATE OF TEXAS crt- 5 .""'00'110 S COUNTY OF ~ S This instru{?fiClh'ft3t HfA~qwledged before me on the Q \ day of JQbrv~~, 2006, by~_-,---.____, in the capacity herein stated and as the act and deed of said entity. s [~?~~~:.:~:~~~;:.~ JESSICA ~. HE.RNANDEZ :...i :...~ Notary PublIC, Slate 01 Texas ~ \. ..' i My Commission Expfts --'~';,;':;i\~"~ APRIL 1 2009 t""...."" I Defermenl Agreement f(elly Phalf gws GGD203.do" CITY OF CORPUS CHRISTI ("City") P. O. Box 9277 Corpus Christi, Texas 78469 Telephone: (361) 880-3500 Facsimile: (361) 880-3501 ATTEST: By: ARMANDO CHAPA, City Secretary By: GEORGE K. NOE City Manager THE STATE OF TEXAS S S COUNTY OF NUECES S This instrument was acknowledged before me on the day of , 2006, by GEORGE K. NOE, City Manager for the CITY OF CORPUS CHRISTI. a Texas municipal corporation, on behalf of said corporation. 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E='O_L: C ~ E~'~ .f~ ~3 g-O~_t;c.~ ~~ ~ ~ g.: =~; ~ !j mm! li .~ ~ 1 i,3 E ~ ~ ~ ~~~ to~~ (D~ :.:~ 22~_:t~~ ~~. 0- .!~z~(iEl 00 a. g 00,.... .' ~ o..C- !l mim Ij '~i :~J:.;~~ ~~ ]::: c- c;::~ u ~ i g ~ 3?; HH~H ti ~ VJ(;> t:~:iu~<~ (D)-I- ~ V V ::\ 3 ~ '" ~ ~ ~ ~ ;; ~ c ~ ~ , ~' " II c ~ '< c !~ ! : f.~ <0 o -::::- ~ o C ~~ ~ (C g':: ;~t o. , OU2 "0 Q "--"'v ~fi ~(j c - ;-~ "" gBo Hi . or. :u'-)~ , c'- I~~ .~-';'~ !':2- ~~ 0 ~c.~ et: ~i~ g.=5 .r~ ~ 2 ~~~~ :u~b ~~i.f :~~~ mQ::I-'-'- Exhibit 1 ~ ., ;; ~ ~ '" ~-25:~ %~ ~:t "~ h f g~d~ ~ ~ ~ ~ == ~ ~ , , : , , , ,. :I , . Ie. , I ,;; 2i: ., " , o ~: ~ ~i J: '0= C'i ;:: :;:c: ,,~ ~- c , '~ f C: 'Vt c= ~: i ~g t>' ~ 0 ~ ~~ ~ ~ ~ . i.rj Io. ~ 0- >- X~ ~ i !~~ ~ "00>;; ~ ~~_: f I 2.~.r Q:: ~ ::: O~ .. 0. Z c C I " ~ ! .-, , e. ~ i. o 1. t c '.. , c ; . , ;'0 , . i~ IV, , . ;~ ;-.9 ~ ~, :.~'..s ~or-"_.':""",,_, ~-" C "IE TO EXIST. tr wmRI.H: 'II 8" TN'Pt<<; Sl.fE'.{ AHO ,I TAPPIN:; GAlt VAlVE. II- Exis\. ~t 5.8" PVC C-900- 3OO'xe" ~ C-9OO 8" CAP '11/2" \ I Brookhaven Drive 8I.0W0fT VfoLVE~~_ '~\\- F\C~~t"~ V) \ \'-- o...-7a.17 llH A- .1 !~~~". RI,( 78.3 ~-- Fl=73.33 \ 1 ~ "\ .~~ i~ . Ul--' m -J :z: -J ~...-) / <Cf- \ \'--l. ", ~ '3 ,~' '. ~. " ~ \ \ \ \ \ -t - - I \ -' -' -- -~.., ....... '-.. "--. NOTE OFFSITE DRAINAGE EASEMENTS FOR STORM SEWER HAVE BEEN ACQUIRED. II W. .ATER, SANITARY SEWERl 0ND STORM SEWER ~_~ 1 50 1 00 ~. 50 0 100 GRAP~'C ~CALE '( 1"'=100' DEFERRMENT EXHIBIT FOR BROOKHAVEN SUBDIVISION BLOCK 8, LOTS 2 & 3 Cor us , Christi,. Te~os 200 Exi8ting 6" W'ot~..... llH "-1 RIM 78.30 Fl = 73.0t ') z o V) 00 ~:::.:: (Do =>0 t.f) --' m :z: w - >N <f- IO 6--' o a:: m .(1) > 'C o .(1) '0 .~ ~ o o I- m '-.. J..tO~t e,. ~ lO,? D. ItCh EXHIBIT 2 o 2006 by Urban Engineering ~.4. -.c ..... ~ 0IWft. 1DQil5 ~ ~ C)e1) ~10' "A'1t:, (;set) a&4-<<JOl JOB NO. ~~A'i 01 DATE:. iI .SY:t.lfilL2T '4-_ '-;"".f ':"-". . '..>_:,...;~..-..'_.t~"'. .__~_.._.. Eng: Murray Hudson By CR.R. DEFERRMENT AGREEMENT FOR BROOKHAVEN SUBDIVISION BLOCK 8, LOTS 2 3 Corpus Christi, T ex as I QUAN. ! QUAN. -+ i UNIT ---+-~ 5% ~-- ITEM _mm_____-----J.__ _ DESCRIPTION A. STORM SEWER IMPROVEMENTS- ~1 ]~~' RCP 2 130" RCP --=}J6sHA Trench Prote~?~ 4 4' Diameter Manhole 5- 24" RCP Plug 6 30" Outfall Structure - 2651- - - 278 T LF-- --------.--__r 495 520 LF ---- --760'--' ...- - 798 -~'--LF---- ---~--u'.-3--~---- ---'---3--~ EA- - ----~-------+-- 1 1 EA, '-~-~1--'-.-- 1: LS : Jan. 20,2006 Job No. 16798.A5.01 UNIT PRICE $34.00 : $43.00 i $2.00 I $2,500.00 I $200.00 $4,500.00 TOTAL COST $9,452.00 $22,360.00 $1,596.00 $7,500.00 $200.00 $4,500.00 --+----------...----- --..--. , , STORM SE'llJER SUB-TOTAL:: $45,608.00 B. --wi:.. TER IMPROVEMENTS: ~--._---- t----- ~1-- 18" PVC C-900 -- -------- -"---- ~----_._~--- 315--1------- - 2 8" Gate Valve and Box - -- -~ - T 1 : :3 Fire Hydrant Complete and Inplace _ __ J~---14=- 4 ,8" PVC Plug : 1 - ~ --.l~e~~:tx~ti~~ee~t~~~eT appng- Gate V<3~II€~--~--.-~ 331 i 1 1 1 1 , C. SANITARY SEWER IMPROVEMENTS: 1 2 3 4 --j--.---------+---- -+~-- - ___-L 100 I I 100 ! 100 21 i8" PVC (5' - 8' Cut) -- - ______u -- --.- ..... ------____L- ! Class '0' Embedment : -]OSHA Trench Protection--- ~.=-=-t !4' Diameter Manhole (5'-8' Deep) i .-j--..- ._-~~-_... 105 LF i 105 LF 105 LF 2 EA .. .+------- ._---_._.~-- I $22.00 i $750.00 $3,000.00 $250.00 $2,500.00 , $1,000.00 I $25.00 i $7.00 $2.00 $2,500.00 I SANITARY SEVVER IMPROVEMENTS: ..._-_.-_.--_.-~.._----. - --- - -- r- ' I --~ - - ..- -1.-------L____-l- D. MISCELlANEOUS ITEMS: J : 1_~General Conditions OCPJ.!:isurance .~ 1 I 1: LS 2 [Silt Fence ~___.__I 1 ! 1 LS 3 IConstruction Entrance '1 . 1 ! LS .- -..--- --- --- .+----- i $10,000.00 $2,000.00 $2,000.00 , ~ISCELLANCEOUS SUB-TOTAL: i I ! ! ...L.... TOTAL ESTIMATED IMPROVEMENTS COSTS: : ENGINEERING FEE @ 7.5%:: -,-----~---- GRAND TOTAL: i I i DEFERMENT@ 110% OF GRAND TOTAL:: t--- i-om. _______.~_. _~_.___~_ Urban Engineering 2725 Swantner Corpus Christi, TX 78404 1-361-854-3101 $7,282.00 $750.00 $3,000.00 $250.00 $2,500.00 $1,000.00 $14,782.00 $2,625.00 $735.00 $210.00 $5,000.00 $8,570.00 $10,000.00 $2,000.00 $2,000.00 $14,000.00 $82,960.00 $6,222.00 $89,182.00 $98,100.20 EXHIBIT 3 .'IBe International Bank of Conl1Tlerce Page 1 of3 February 17, 2006 IRREVOCABLE STANDBY LETTER OF CREDIT NO. SB501202 BENEFICIARY: CITY OF CORPUS CHRISTI 4225 SOUTH PORT CORPUS CHRISTI, TEXAS 78469-9277 A1TN: DIRECTOR OF ENGINEERING SERVICES APPLICANT: HARLINGEN INVESTORS, LTD 1317 E. HACKBERRY AVE. MCALLEN, TX 78501 AMOUNT: USD 98,100.20 NINETY EIGHT THOUSAND ONE HUNDRED AND 201100 U.S. DOLLARS DATE AND PLACE OF EXPIRY: FEBRUARY 17.2007 AT OUR COUNTERS IN LAREDO, TEXAS WE HEREBY ESTABLISH OUR IRREVOCABLE STANDBY LETTER OF CREDIT IN FAVOR OF THE CITY OF CORPUS CHRISTI ("BENEFICIARY") FOR THE ACCOUNT OF HARLING EN INVESTORS, LTD., ACTING BY AND THROUGH ITS CHIEF EXECUTIVE OFFICER, VINOD K. KASAN, AUTHORIZING BENEFICIARY TO DRAW ON INTERN A TIONAL BANK OF COMMERCE, LAREDO, TEXAS, THE AMOUNT OF ililNETY EIGHT THOUSAND ONE HUNDRED AND 20/]00 U.S. DOLLARS) $98.100.20, UNDER BENEFICIARY'S DRAFT BEARING THE CLAUSE "DRAWN UNDER INTERNATIONAL BANK OF COMMERCE, IRREVOCABLE STANDBY LETTER OF CREDIT NO. SB501202 DA TED FEBRUARY. LL~200t>", AND ACCOMPANIED BY ALL OF THE FOLLOWING DOClIMENTS. 1.- ORIGINAL OF THIS LEITER OF CREDIT AND ORIGINAL AMENDMENTS, IF ANY. 2.- SWORN AFFIDAVIT OF THE CITY OF CORPUS CHRISTI'S CITY MANAGER, OR THE CITY MANAGER'S DESIGNEE, STATING THE AUTHORITY OF THE AFFIANT TO MAKE THE AFFIDAVIT ON BEHALF OF BENEFICIARY AND FURTHER STATING AS FOLLOWS: EXHIBIT 4 (Page 1 of 3) ~. DRAWER 1359 LAREDO, TEXAS 78.042-1'59 1956) '22.7611 TELEX 763.435 MEMBER INTERNATIONAL BANCSHARES CORPORATION-FDIC .IBe International Bank ()f COlnnlerce Page 2 of3 "HARLINGEN INVESTORS, L TD.. HAS NOT INSTALLED THE REQUIRED IMPROVEMENTS OR V ACA TED THE PLAT OF BROOKHAVEN SUBDIVISION AS REQUIRED BY ITS DEFERRAL AGREEMENT WITH THE CITY OF CORPUS CHRISTI WITHIN THE TIME PERIOD ALLOWED." THIS IRREVOCABLE LETTER OF CREDIT GUARANTEES THE OBLIGATIONS OF THE CUSTOMER TO THE BENEFICIARY AS PROVIDED IN THE DEFERRAL AGREEMENT. PARTIAL DRAWINGS ARE NOT PERMITTED UNDER THIS IRREVOCABLE LEITER OF CREDIT. THIS IRREVOCABLE LETTER OF CREDIT IS NOT TRANSFERABLE. ALL DOCUMENTS MUST BE SENT TO INTERNATIONAL BANK OF COMMERCE, 1200 SAN BERNARDO, 2ND FLOOR, LAREDO, TEXAS 78040, ATTN: INTERNATIONAL LETTERS OF CREDIT IN ONE MAILING BY COURIER SERVICE. ISSUER HEREBY AGREES WITH BENEFICIARY THAT UPON PRESENTMENT ON OR BEFORE 5:00 PM, LAREDO, TEXAS, LOCAL TIME NO LATER THAN EXPIRATION DATE, THAT DRAFTS DRAWN UNDER AND IN COMPLIANCE WITH THE TERMS OF THE IRREVOCABLE LETTER OF CREDIT, ISSUER WILL DULY HONOR THIS LEITER OF CREDIT. THIS LETTER OF CREDIT SHALL BE EXTENDED AlITOMATICALL Y FOR A PERIOD OF ONE (1) YEAR FROM ITS CURRENT EXPIRA nON DATE OR ANY EXTENSION THEREOF, UNLESS WE SEND YOU, THE BENEFICIARY, A NOTICE IN WRITING AND BY COURIER SERVICE TO THE ABOVE ADDRESS, AT LEAST NINETY (90) DAYS PRIOR TO SUCH EXPIRATION DATE OR EXTENSION THEREOF, THAT WE ELECT NOT TO EXTEND THIS LEITER OF CREDIT. UPON RECEIPT OF SUCH NOTICE, BENEFICIARY SHALL HA VE THE RIGHT OF DRAWING UPON THE LETTER OF CREDIT AS NOTED ABOVE, ACCOMPANIED ONLY BY AN ORIGINAL NOTARIZED STATEMENT SIGNED BY THE CITY'S DIRECTOR OF ENGINEERING SERVICES STATING THAT THE APPLICANT'S OBLIGATION TO THE BENEFICIARY REMAINS OUTSTANDING IN THE AMOUNT DRAWN. THIS IRREVOCABLE LETTER OF CREDIT SETS FORTH IN FULL THE TERMS OF OUR UNDERTAKING AND SUCH UNDERTAKING MUST NOT IN ANY WAY BE MODIFIED, AMENDED, OR AMPLIFIED BY REFERENCE TO ANY DOCUMENT, INSTRUMENT OR AGREEMENT REFERRED TO HEREIN OR IN WHICH THIS IRREVOCABLE LEITER OF CREDIT IS REFERRED TO OR TO WHICH THIS LEITER OF CREDIT RELATES, AND ANY SUCH REFERENCE IS NOT DEEMED TO INCORPORATE HEREIN BY REFERENCE ANY DOCUMENT, INSTRUMENT, OR AGREEMENT ISSUER IS NOT A PARTY TO, OR .,PO,.oR:AWFR 1359 LAREDO,TBXAS 78042"1359(956) 722~7611 TELEX 763-435 MEMBER INTERNATiONAL 8"At{~SHARES CORPORATION"FDIC EXHIBIT 4 (Page 2 of 3 ) .IBe International Bank l>f Con1Dlerce Page 3 of3 ------.--.-.-..--.---..--..-. BOUND BY THE TERMS OF ANY AGREEMENT BETWEEN BENEFICIARY AND CUSTOMER. FURTHERMORE, ISSUER SHALL HONOR THIS LETTER OF CREDIT WITHOUT INQUIRING IN THE TRUfH OF THE STATEMENTS MADE IN THE SWORN AFFIDAVIT OF BENEFICIARY WHICH STATEMENT WILL BE CONSIDERED BY THE ISSUER TO BE DETERMINATIVE, CONCLUSIVE AND FINAL. THIS LETTER OF CREDIT SHALL BE GOVERNED BY UNIFORM CUSTOMS AND PRACTICE FOR DOCUMENT AR Y CREDITS (1993 REVISION) INTERNATIONAL CHAMBER OF COMMERCE (PUBLICATION NO. 500), AND TO THE EXTENf NOT INCONSISTENT THEREWITH, THE PROVISIONS OF CHAPTER 5 OF THE BUSINESS AND COMMERCE CODE IN EFFECT FROM TIME TO TIME. B~OMMERCE EXHIBIT 4 (Page 3 of 3 ) .:P O,.DRAWERl <5?,9 ,If\.REDO;TEXAS 78041~13!)9,iB513J 722/76,11' TEtEX,7{)3-435 MEMBER INTERNAHGNt\[ BANe-SHARES CORP0HATlON-PbIC CITY OF CORPUS CHRISTI DISCLOSURE OF INTERESTS Ity of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the Ity to provide the following Information Every question must be answered If the question IS not applicable, answer :~~;;'j;I~~S_:~Y ~1i'-- ZIP: 49501 FIRM is Corporation [I 2 Partnership ~ 3 Sole Owner 0 4 Association 0 Other [J 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 r.hristi having an constituting 3% or more of the ownership in the above named "firm". Name N/A Job Title and City Department (if known) ~-- "ownership interest" 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 N/A Title l)la ___ 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more ofthe ownership in the above named "firm". Name N/A Board, Commission or Committee l\L_ 4. State the names of each employee or officer of a "consultant" fOf 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". Na~: _ ~~--NL- __n 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 _V':!:~\{)b \cA~~ (Type or Print) / S. fC 'f' P /~".Jl,j/MA..- ./ Date., Ignature 0 ertl Ylng erson_ ~_. ~_~ Title rO (,~. )-; ;; 1.fD b I ! Certifying Person . EXHlBIT .5 : >~ ':t~~:~ ,~'~\.;f."~~-: ...i~;':;,_,;,- '". '~l.if~"J';,-",f.':f~1:i...(;- ,-.~' .,~:.. ....,';, 21 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: February 28. 2006 AGENDA ITEM: Ordinance authorizing the resale of ten (10) properties which were foreclosed upon for failure to pay ad valorem taxes, for $51,800 of which the City shall receive $6,103.30, plus $12,517.13 for partial payment ofCity 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 this property. Approval of this Ordinance will authorize the Nueces County Judge to execute a resale deed for the property REQUIRED COUNCIL ACTION: Approval of proposed Ordinance authorizing the resale of the listed property. CONCLUSION AND RECOMMENDATION: Staff recommends that City Council approve the proposed Ordinance in order to place the property back on the tax roll. ~ O.~ Cindy O'Brie:}r Director of Financial Services Attachments: Background Information Exhibit A BACKGROUND INFORMATION Properties within the City of Corpus Christi ("the City") are periodically foreclosed due to nonpayment of ad valorem taxes. The law firm of Linebarger, Goggan, Blair, & Sampson, L.L.P. brought forward eleven (] ]) properties for resale at the bid prices listed in Exhibit A. The City has identified one (]) property for potential City use, and so ten (10) properties are being proposed for resale. 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 payoff the outstanding court costs and the remaining funds are applied on a pro rata basis to each taxing jurisdiction. The City of Corpus Christi has reviewed the list of eleven (11) properties and has identified the property at 2406 Summers (identification number 648) for potential City use. Therefore, this item has been struck from the list for approval at today's City Council meeting. City staff, however, will be coming forward to the City Council in the near future with another agenda item requesting approval to purchase this property. Additionally, the City IS supporting the sale of three (3) properties to the Nueces County Community Action Agency (NCCAA) 2810 Soledad Street; 2818 Soledad Street; and 2822 Soledad Street for use in the NCCAA 's affordable housing program that provides home ownership opportunities to low and moderate income families. Approval of the ordinance 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. EXHIBIT A ...I~ ~ N ""' ~ "" N a-, "" ""' "" ~ 0 l- i 00 .... 00 '<t: r- .... a-, a-, ~ N C- i, 0:- - 00 "" -a 00 g; g ~ -a ...u ""' r- ;j: 00 - r- N ow .... 00 "" 0 '" N N "" ~ ...~ - - "" s: ~ - .... U)~ ; r- ""' ""' ~ 00 ""' - >0 ~ .... 00 00 i >0 .... r- N ""' >0 00 00 "" 0 t-; 5! ~ 0:- "" ~ ~ r-: 0:- 00 ~ ~ ~ ""' ""' "" r- oo ""' .... N S::! 00 00. - - 00 r- N - ~ .... Q. .... - i ~ 8 a-, r-- .... :!; N a-, "" ~ N a-, :: c)o >0 ""' ~ >0 ~ ~ >0 .... ~:E 0 0 r- -a N 0:- 00 - - 0 r-: g !: ""' "" l- N "" 00 ""' ""' >W >0 N r-< <"i N - - ""' 00 .., ~ 00(0 N 00 N .... Q. .... ... 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N N N >0 ..., c;., ~4! ~ 0 >0 .0 ~ or) ""' >0 N - .., 0::> ..., ..., - 0- 14- I 8 N N N N "" "" 8 ""' ..., 8 8 ~ 0 8 8 8 ~ 8 o~ 0 l::! ~ N ('oj ~ ~ ~ ~ ~ ~c ." ..., ;:<) ;::: t: S ~ .., ;:<) Q; Q; Q; "" C(/) N ..,., \0 r- 0 - ...- 5 ~: z ~ 1;; 5 " " =:.e ~ 0 I!! ..;:1 g .B i ] .g :g 1;; g ] ,g ~ -6 :g ~< ~ "'- t= :I: "" ~ ~ ~~ 0:1 0- ,,' < < ,g "" <d~ ir UJ u ~ ...6 ... ... ] < \).- .S (,) ~ - '" '" ~> sg ~ ,~ .. (/) "" j j ~ 10.0 W f/) u U '" Uo:I 0 0 '-"' 0 . ~ I ~ as - - - .......; -.0 C;qd~ ...I .... .... g "" il "" ::l ] 0 "" "" u ~~ g '" ~~~ C C ] u 0 ,Q C) ,Q as as _ e 0:1 = <<d " 0:1 ,&J = W . 0 0 0:1 0:1 ~ ~ 0:1 co . 0 ~ll ...I o ..;:1 c;., '.;:I 0 ...,..:: N~ Q) ~L}l 5 1 -:g ~ ('oj ""' ..., ('oj .3< 3:'i .3 .3 .3 .3 .3 .3.3~ .3:'i ~}l "0 ~ W ~ .~ :E U u C .> ... ..!3 z ~ J i tEl ... 0:1 ] '" ~ .~ j Z .!! ,g J;l C ~ ~ ~ ~ U U .5 0 C 5 ~ .~ j ::E ~ p.; Q) 0:1 Z c:i c:i .a a -= W :I: 0:1 0:1 ~ '" ~ 14- ~ ~ " !:i 0 ~ ... W ~ 3 ] tEl 0 ~ 2 ~ 0 '0 ~ :::l .S ~ U c:i c:i U Z z as > as 0:: I UJ c..; c..; UJ '" q q y ~ c..; t+:: :I: CW ~ .;, ~ .-tl 00 ." ..., N ('oj c;., >0 00 i.g il 00 r- ..., ('oj "" ..., ." c;., ..., 00 :i6 :f .... 0 ..., ." :f 00 ." ~ ..., ~ ~ ." ~ ..Cl_ ;:) 8 N d-, 8 .J., ~~ ~ z s:: 8 8 c;., ~ c;., 00 c;., 0 a-, ~ 0:: 8 w ('oj - N OlD ! c;., - N >0 N ~ ""' 00 N ..., .... .... 00 c;., ~ .., .... ~ ~ -:E 00 0'> c;., 0'. c;., c;., a-, - S::! S::! ;:) z c,; '" -+ N ..., .... <r> >0 I- 00 c;., s: = ~ LINEBARGER GOGGAN BLAIR & SAMPSON, LLP ATTORNEYS AT LAw 500 N.SHOREUNE, SUITE 1111 CORPUS CHRISTI, TEXAS 78471 (361) 888-6898 FAX (361) 8884405 February 13,2006 Ms. Cindy O'Brien Director of Financial Services City of Corpus Christi 1201 Leopard St. Corpus Chnsti. Texas 7840 Re: Consideration of bids received for Tax Resale Properties Dear Ms. 0 Brien. Enclosed please find bid analyses and property maps for eleven Tax Resale properties for which we have received purchase offers. We respectfully request that you place these items on the next available meeting agenda of the City Council for their consideration and action. Three of these ltems (#942, 946 & 1152) are properties sought by the Nueces County Corrununity Action Agency to build new smgle-family affordable housing units, in conjunction with the City of Corpus Christi's affordable housing initiative A copy of the NCCAA letter is included with their bid information. A representative from our firm will be present at the meeting to answer any questions regarding these offers. Jj you have any quesllons regarding this matter, please contact me at your convenience. Sincerely. ~/(- - ~ YC_C+Y Marvin Leary Area Manager Enclosures: Bid Analyses cmd maps for tax resale properties #648,829,931,942,946,982,994, 995. 1152. 12~1 & ]242 ANALYSIS OF BID RECEIVED FOR TAX RESALE PROPERTY Suit Number & Style: Tax 10# & Legal: Property Location: 97-1188-H; Nueces County vs Amistad Builders, Inc. 8013-0003-0070; South 100 ft. of Lot 7 & West 3 ft. of South 100 ft. of Lot 6, Block 3, Shoreline Park 2406 Summers - Corpus Christi Date of Sale: November 13, 2000 Amount Due All Entities: Amount of Bid: Cost of Sale: Current Value: 16,959.96 1,600.00 751.13 3,975.00 % of Total Due: 9.43% 40.25% % of Current Value: Entity Name Amount Due Amount You Each Entity Will Receive Nueces County 2,293.53 114.79 Nueces County Education District 1,723.73 86.28 City of Corpus Christi 2,512.93 125.78 Corpus Christi Independent School District 3,700.32 185.21 Del Mar College 725.81 36.33 City Paving & Demo Liens 6,003.64 300.49 ./ v A VACANT RESIDENTIAL LOT, 53 FT. X 100 FT., NEAR THE INTERSECTION OF N. PORT A VE. AND WEST BROADWA Y. THE PROSPECTIVE BUYER OWNS THE ADJOINING PROPERTY. THE PROSPECTIVE PURCHASER IS XA VIER PEREZ OF CORPUS CHRISTI. 648 oN . ~~~ . , G ~~~~, :~. ~ ' ~t) ~~ 'i L":-:,:,"- - J ~ I,~ f' ;a. ; I l ,_, '" I = '. ~. '" , ~ ,.:" 1St )> , - . + : ':+!. SUMMERS t. r t. i. ,I. I . . i / : -isH- l~ fHJ~.. ~~ ;t" .. ... . }' ~~tt. - -, ~ /'~ ~WE;/ '~.~ :--\-1 ... ." ft .... I I I L. -~ a. .' II) ;;, ... .. ~~ ~ ~ i'll!" I. I It _"la, (t"'.::> Ltl.. '1" 57. '~~lS ~I a ~ ~I~ " 0 . . ~, .~ I ~~! ~ L..... :1'. ' Ii 1""'" I I I J; .. .. .. I ~ t I.;;, "" I"" "I.. ~ ~ .r. J " JOHN -'.J' i : I ! < '1' '1':~1~ 0 , . 'li- i ~wr -.:" ;1, i ~ .11' ~ ~ .. ..' -; . ~ . O:>!' i III . OJ. . ~ i.1. ~i ,; 1 i j' 1 " ~~"+ .. . g.~ ~ ! ~ ~ ~-j- ~' , i. !- , .A. ~ LJLJ ! L-J I MOORE , . . ." . . ~ I . . III 57: f--@- ~ "" r-S"'''-.' . . !'l . ~ , .),( . ,p,. . ~. . \'j ~ . ~---- NIJECES <:l l::i ~ , . ....... "< .- (;-"i ,~ ..)~........ .c::, .I'.,j , .I"t) : --.~ , . V) . ~ . i l . -l'o.. ,- ~ -:::-~~----;,. . .. '-. . . ,'" , :.; .~ -;. I L 57: - , , ~ .-: - . VI . , :::! . . .... . , .... -:-c=}-+-- ~ . , ::!: . ....... . . . . . , - - ST ~_.L t. - .---' , , - . . -- : >+-= ~ .-. .~- . . . ".., 0- ~-L-~ ~:-,i . l 4 ~:_ _ S7: ':'"1 t ~- . 0 . ~. .. ~, .. . . .. . f--7--(=}---t- !l ., -" ~- 1>. . :0::: !...: . !'i "- ,......., sr ~. r--;- c--" '-~--{~ .,,; ,'- . . . -!.i--, -- . ~_.- . . . . 57: . . . . _. . : . : . . -~--(ir)---t- l . ":"1! ~ ,* ,'J,.c~ . . ::~! ., c , -..w? 1 ~ ri. .' r ... .. .. . - . ~ ; . '" "\r. . . WINNEBAGO ~ . - . .1. ~ ~~:-- ~: _~ '1 [ . . ! - ~t NUECES ~ : ~ -----=- , ~~~ ~G ~ . .!. ., > l. . I I. i .1, . l ' .r i' l..i.I, ~ . I .Y~ ,!. ~ " f~' ~II. . ;~ .w, . -~- . -W- . . . l. . ~ . JOHN . . . . RC~ . . . . 5IJMMERS . - -.. -- . . . d . .. : sr ~ ~ ;; . c . . sr ~i Ii'" .1. i Y . i. .. I... --j...:!t- I . I' ~ ,.';'to . .IJ ..... !~,__:...._..~~.......-";. r- ,~ ~ ~., . ..~ "";",' .;r,.' '. .f:t ~ - ~ -:~ ., -j ...,. .~ .1 I - .J .. I .,1 . .i ~l -1 -~ .~ '. 9 ",' . .~ &Lf ANALYSIS OF BID RECEIVED FOR TAX RESALE PROPERTY Suit Number & Style: Tax 10. & Legal: 00-1100-E; Nueces County vs. Cecilia Garcia Benavide~ 768500060100; Lot 10, Block 6, Santa Elena Addition Property Location: 4038 Santa Elena - Corpus Christi Date of Sale: March 5, 2002 9,715.35 5,000.00 820.25 12,433.00 Amount Due All Entities: Amount of Bid: Cost of Sale: Current Value: % of Total Due: 51.46% 40.22% % of Current Value: Entity Name Amount Due Amount You Each Entity Will Receive Nueces County 1,708.96 735.23 Nueces County Education District 279.53 120.26 City of Corpus Christi 1,870.36 804.67 Corpus Christi Independent School District 3,774.54 1,623.89 Del Mar College 570.75 245.55 City Paving & Demo Liens 1,511.21 650.15 ../ v A 470 SQ. FT WOOD FRAME HOUSE IN FAIR CONDITION, ON A 43' X 103' LOT NEAR THE DEL MAR COLLEGE WEST CAMPUS. THE PROSPECTIVE PURCHASER IS OVIDIO MA TTA OF CORPUS CHRISTI 829 --------- . --------- I .------1- s: I~ 0 6 " o'S>~ -J' ~ " ;: ... " , "'~ ';" ;= ~o "0 <0 '" '" ~ z ~~... '" . y- o ~ I ! L 90 A 0 ~ ~ s: C) 6 '" ~ '\j :b. '?, r .. " o , 'IRPOR- ~ ;\ ... !l ~1 u' ~. ~ I '~~ r-" I ~ ~ ill ".. I:) <I,'" 1 ~~ ~~_,_ ~~~, ~[' 1(': :;: I",,' I ~ I ES-," '~'.' . ~-" . .. ca :"" C"'\ ' ~ ''''' " .... ~ t, i - ... u, ,~. i ~~~;,; ~,;,:-1 ''to ~'~.. ",,-I ~ '" I "~ '.. =1 GUA rf'MOZ IN ~ ~ d~ f"~ jt I.:.. ~ . . . ~. I '.. :' ~I-, ',:~ ~\ - ~~, . \a 'C ~\ - '-\ t. __, ~ ~'-::. -~\>> ~ ~"" L1Li!.-. -..:.l < \~~. :-:~ :.\ \. \~~ - r~\ ~ r--- \i~'~ ~ '~-"---l ~~~,_i~-:.'~1l \~ ~ .-, " ,,-,' r ~ '" ~ <>: c " ~ . . -~----~~ ~-d,,_-;' ",\ " \-- ------., ; H. . .v E f \ ';-. ,., ,\ '-'.I. - ~~ \t:.~::1 \:,":..~.; '.-T~I. ~-Tj~~ ~'\ \~~~---';..,,~ ...., i"~ ~~ ~ I., "I.. ; 1-, !. ,.. 'l f-" ~/,~. ~ ~-::.~ I ! i . . f ~ o~,~_..\" \?.~ \\r'.;.:~~:r,:r:tJ~I~t; ~/,<:~ . ~\\ L~\",:,~~.L IJ~12~2J ~,.,.')>;\!. <1:: ~ \ . \.1- "itA""'... TH--'o '- --;;<' ~/ :'?-"'V ~,' -\ ~.~ MI E' ~ A I d, a- 1/41, ~ 1 "--" '. ' ~,~,,: r'il '\ t:=, . f'~ }~/ll' :J" \:-~h":~~""/" ii "-.ij,. I . J I~ I --'f ',. -r--~-~ J} ~ - I... ..." l I ~, JI ~",/,./ <... ' ' .']; ~ 'I,~ - \.'1~ '-" 1 i ~ ~ 'I ~ ~'." i'-..:,. ~I-;. ~)~~ Ie 1-4 R I "'-L_Jv l ;~ ~ i. In~n I "!:o. I~ 1'1'~ : I" ~z.;, '- ;::>1 i; +- ('-1 ! ~, 'I~ [.\/- !.>, .I.~ I, 1..1- ..,1. ,'-1! I [<I: i ~ I" ,. . : I )[ RGIN ,,. --' r: ;:: , .. CL- @~ ic: ~1 ANALYSIS OF BID RECEIVED FOR TAX RESALE PROPERTY Suit Number & Style: Tax 10# & Legal: Property Location: Date of Sale: Amount Due All Entities: Amount of Bid: Cost of Sale: Current Value: % of Total Due: % of Current Value: 92-8085-C; NC vs. George Guilenot 344300160090; Lots 9 & 10, Slock 16, Hillcrest Addition 1617 Stillman - Corpus Christi September 9,2002 16,839.19 10,000.00 1,384.50 30,255.00 59.39% 33.05% Entity Name Amount Due Amount You Each Entity Will Receive Nueces County 3,468.58 1,774.64 Nueces County Education District 1,051.27 537.87 City of Corpus Christi 3,634.33 1,859.45 Corpus Christi Independent School District 7,531.87 3,853.56 Del Mar College 1,153.14 589.99 v A 1 806 SQ. FT. TWO STORY WOOD FRAME HOUSE ON PIERS, ON A 50 FT. X 130 FT. LOT IN THE HILLCREST NEIGHBORHOOD. THE HOUSE IS VACANT AND BOARDED UP, AND NEEDS SIGNIFICANT REPAIRS THROUGHOUT. THE PROSPECTIVE PURCHASER IS REGINALD GOSS OF CORPUS CHRISTI 931 if\~+'W'~ ....... -j~ ~ ~ .. -, I J NOAKES ~..t . '. -.-~ ,- .. . t . ~_. -~-...-'- ' -:- u~ . HULS/fiT - }---- b. ~ MOORE R:" , " fJ-' ; .. - :-- ... -~- ~- . -~~-~ - ~.., -- ..-..------- ,-~ -- ..--. -..'. ...-. - -._.~- . . , NUECES --I I ! ---.....- ~ It ,- i i ~ i:. : ' _', ,':,' I........ . ,,(iWii..c'- .U '. ,"".~ .', ~1 ..... .jt'f"J'-lIf.....r.~': o\'~.' .r""'r-'" l:J~r ~/ [ -----.-- -------...---- TE)(AS HIGHWAY NOS EXPRBSWAY INTfR.STATE HIGHWAY NO J7 ~ ... ~ . f- . . '. - . . . . - r--- u.s.: ___'L . , . . : , tf: . ~ . . . . v ~- . . . . . . <;. . . , . . . . . .. , . , . :; . , . . ., '- - " \~ ~ :: : : . . , : . \" . . . . : . I I f a. ~ I ~~-i......~ .' ~~~:..~, . . ~c,~ ..--....~..'...... ~. ,. . ~, , ... - . . " -, - ~ 1. I " i. N _ ~ -- ~/. sr. ~ :ii (\ "t- '" llt b. "< -.... t/) I "1 I llt I ~ I "" I I- I l I i~- _,r I \ .~ ~~.~ J. '...1,~ qgJ ANALYSIS OF BID RECEIVED FOR TAX RESALE PROPERTY Suit Number & Style: Tax 10# & Legal: 99-6473-C; Nueces County vs. Ethel Mae Williams 1390-0004-0020; Lot 2, Block 4, Carver Addition Property Location: 2822 Soledad - Corpus Christi Date of Sale: Amount Due All Entities: Cost of Sale: September 3, 2002 13,226.07 2,000.00 1,138.50 6,209.00 Amount of Bid: Current Value: % of Total Due: 15.12% % of Current Value: 32.21% Entity Name Amount Due Amount You Each Entity Will Receive Nueces County 1,964.67 127.97 Nueces County Education District 227.04 14.79 City of Corpus Christi 2,053.36 133.75 Corpus Christi Independent School District 4,667.70 304.04 Del Mar COllege 664.26 43.27 City Paving & Demo Liens 3,649.04 237.69 L- A VACANT RESIDENTIAL LOT, 42.4 FT. X 94.5 FT., NEAR THE NEW SHAW ELEMENTARY SCHOOL AS STA TED IN THE A TTACHED LETTER, THE BUYER INTENDS TO BUILD AFFORDABLE HOUSING ON THE PROPERTY. THE PROSPECTIVE PURCHASER IS NUECES COUNTY COMMUNITY ACTION AGENCY OF CORPUS CHRISTI 942 NUECESCOUNTY COMMUNITY ACTION AGENCY 4760 Old Brownsville Rd. Corpus Christi, Texas 78405 (361) 883.7201 FAX: (361) 883.9173 ~J oe A. Martinez Executive Director November 2, 2005 Dear Taxing Entities: Subject: L l' 2 BK 4 Carver Addition -2822 Soledad L T 3 BK 4 Carver Addition -2818 Soledad LT 5 BK 4 Carver Addition - 2810 Soledad Nueces County Community Action Agency (NCCAA) is a 501 ~ 3 organization and through special funding from the City of Corpus Christi Business and Job Development Corporation (4A Board) would like to purchase the above listed properties. The property would be utilized in NCCAA's Affordable Housing Program that provides homeownership opportunities to low to moderate income families. Through a partnership with the City of Corpus Christi, NCCAA is involved in a neighborhood revitaJi7.Ation project in the Carver 1 & 2 Addition and as such we are acquiring vacant lots or dilapidated homes to construct up to 10 new homes to improve the quality of life in the neighborhood through revitalization. However, this is a pilot program and success of this program and future neighborhood revitalization projects is contingent on acquisition of property from private individuals and taxing entities. There are several benefits to the tax entities through this program. Most importantly, the lots will be back on the tax rolls and begin to generate revenue again. The other would be a higher assessed value of the property. The vacant properties will be assessed with an improvement and land value rather than just land value. Please contact Mr. Rodolfo Cantu, Housing Director at 299-2347, Extension 15 or Sam EsquiveL Housing/Construction Specialist at 299-2347, Extension 17, and any questions. Joe A. inez ec . e Director ^ ^ NelghborWorks@ . OA;;;;;; PARTNERSHIP Helping People. Changing Lives. CHARTERED MEMBER c; ./ /// 1) ~ ~ h ~ ) ~//~.. E (/ \~ 8 --.--.~ -- (~ I J ~ft=eN ~ c _j IJ~ ST. '" :-1 - , EL GIN t ~ <; '" ~~ G) :.. 0\:>) 4CJ U> '" '" ~ VI ;~ VI " ~ Cl Cl r- () -. ~ :;! :l) .... ..., C <t. 0 ~ ::: '" ~ ,.. '" ;;; :-1 ~ <; ;;; ;;, ii iii '" " Sf. "G> RKERh",' . a ..-.., ~ ~ ~ r:= I n: ~;,. ~ l: i\:; ::: l5 lCJ ClOt....., GIl " - ~ ~~~ '-; - m 'l:~ I '" .. II Ii: ~ et ~ .. ::; -' " .. .. - .. '" .. .. co ~~ .. <5 :: '" <;; ~ .. ... - - -., CA . iA ii ~ c... IV _; GReeNWOOD Qr ~, ;;, co G') :>- r- n, ,.-1;;-- :~_~ V: ~, 4 ~ '" , u; if) VI a; ci :-1 """ " .. I ill .. ;;, Ii: iO ill t: ! .. " '" ~ ~ ~~.- - ~ y-! ~ " '" \..----.- (/\ ~ ;-~~ ,! ~ --J ~ ! H ~! ~-- "',,-",- Me A RTHi/R EISeNHOWER ST- Vt ill '" '" ~ ~ C\ ~ ~ N~ - ~ ! '" ~ ~ '" ~ ! .. :;; '" !;: .. <: ~ ill co '" ... ~ 1: i5 '" '" :: (,,) ~ ;;; ~ (;; '" " A ill u; i'il a; '" ~ ::; ~ ii ill ;;, li: ! l'l t: '" '" ~ I ,.- ,.'1 N' "~ . - '" ~ , ~ .. " .. '" ~ '" CJ .. ~ ~ :ffl "'LJ ~ ~ 1: Q ,~ :: ('-") i:f- ;;; ~ <;; ~ A ~ u; :ll iio ~ ~ ~ ill ill . iO 'II : . ! i'l t: ! ! ~ '" ~ ., -'" '" c: ),. to ,. .... c:: lJ ", '" ...., 5', I. , \* ~ ~ " \ " \ Sr. - '" " li: r: c:: cb Cl o :::: i\ii OJ: ~ "i, t;.. S....SIN....S sr to c:: <t. QJ ,., :l) <<~ ... .... I - .. '" .. <D .. I .. .. ~ 5 " ;;; c ~ i; J.::' I l L ....... l~ = III ~ '" '" 'II tI .. '!!. ~ .. iii " ii; .. .. '" "41 M .:i .. ... ELGIN -> S7: 40 -I , .. <<. . "'I'" .. '" '" ~ co .. 5 :: ;;; Q ;;; Ui ~ u ~~~. elL \-" 'l I , \~ ~ ill ... li: r: ~ ~ I!ll~ ii ::;l~; .. <<.* .. . ~ ~ '" r- -< C> <t. . - ""t e , ",' ... '".t-IA 8 ~.., (: ~\,,"" ~ .. ":: ~ 1<< co '" .. ~ '" .. Q l:: ~ (4) 'G ;;; '" c. '" " " :l: U; ~ il; ~ " ill ;;; il1 ;;, l: . ... tI. " ! ~ ..., .1" . i5 is ~ '" :: '" '" '" '" ;;; ~ en ;;; ~ :-1 :-t C. ~ i;< l'l .. ;;; l; ;;, U; ;;; u; <II ~ " 0; -'" ! " ,. .. .. ~ ~ ~ ~ - " '" ..~I^ CA '" is ~ ;;:; ~ :;; .. B V r ~ " ill .. ~ 1lI ~ Dl ~ ~ ~ .0 ii ., a '" ~ u .. ~ .- - '" .-; c;: 'oJ Cb ~' J~ ! " .. . ~ '" '" '"'(= '&; '" ... ~, ~ ~ '\I: .. Ii: ~ ,'1: is ~ :::"(lJI),' kJ ;;:; ~ Ci ~ :;; ill i;; ~ a; ~ ::; [J: .. '" .. ;;; '" .. , ~ Dl · : " ... , . - N'" . . ., ~:.-.',I .. , A ~ '" .~ f! !: ~ " '.... ~ .. Cl :; ~ is 'i " lI\ ~ '" <:> " -~; :t Q ~ '" :l) A ~ -< Sl .. '" a; ~ :-i ::; 9l .. ill ;;; .. ~ A ~ ,. ~ ~ :>) '" ~ ..., Vt 'i Lf:l ANALYSIS OF BID RECEIVED FOR TAX RESALE PROPERTY Suit Number & Style: Tax 10# & Legal: 89-3435-E; Nueces County vs. Green Hamilton 1390-0004-0050; Lot 5, Block 4, Carver Addition Property Location: 2810 Soledad - Corpus Christi Date of Sale: September 3,2002 8,686.28 2,000.00 1,093.75 6,209.00 Amount Due All Entities: Amount of Bid: Cost of Sale: Current Value % of Total Due: 23.02% 32,21% % of Current Value: Entity Name Amount Due Amount You Each Entitv Will Receive Nueces County 1,271.75 132.68 Nueces County Education District 167.00 17.42 City of Corpus Christi 1,651.36 172.29 Corpus Christi Independent School District 2,566.97 267.82 Del Mar Colleqe 378.29 39.47 City Paving & Demo Liens 2,650.91 276.57 ./ A VACANT RESIDENTIAL LOT. 42.4 FT X 94.5 FT. NEAR THE NEW SHAW ELEMENTARY SCHOOL AS STA TED IN THE A TTACHED LETTER, THE BUYER INTENDS TO BUILD AFFORDABLE HOUSING ON THE PROPERTY. THE PROSPECTIVE PURCHASER IS NUECES COUNTY COMMUNITY ACTION AGENCY OF CORPUS CHRISTl 946 NUECES COUNTY COMMUNITY ACTION AGENCY 4760 Old Brownsville Rd. Corpus Christi, Texas 78405 (361) 883-7201 FAX: (361) 883-9173 Joe A. Martinez Executive Director November 2, 2005 Dear Taxing Entities: Subjeet: L T 2 BK 4 Carver Addition -2K22 Soledad L T 3 BK 4 Carver Addition -2818 Soledad L T 5 UK 4 Carver Addition - 2810 Soledad Nueces County Community Action Agency (NCCAA) is a 501 ~ 3 organization and through special funding from the City of Corpus Christi Business and Job Development Corporation (4A Board) would like to purchase the above listed properties. The property would be utilized in NCCAA's Affordable Housing Program that provides homeownership opportunities to low to moderate income fiunilies. Through a partnership with the City of Corpus Christi, NCCAA is involved in a neighborhood revitalization project in the Carver 1 & 2 Addition and as such we are acquiring vacant lots or dilapidated homes to construct up to 10 new homes to improve the quality of life in the neighborhood through revitalization. However, this is a pilot program and success of this program and future neighborhood revitalization projects is contingent on acquisition of property from private individuals and taxing entities. There are several benefits to the tax entities through this program. Most importantly, the lots will be back on the tax rolls and begin to generate revenue again. The other would be a higher assessed value of the property. The vacant properties will be assessed with an improvement and land value rather than just land value. Please contact Mr. Rodolfo Cantu, Housing Director at 299-2347, Extension 15 or Sam EsquiveL Housing/Construction Specialist at 299-2347, Extension 17, and any questions. S~' er ly J A. inez E ive Director ^ ^ NelghbeiWOrks@ CHARTERED MEMBER . OAc;iOn. PARTNERSHIP Helping People. Changing Lives. :a // ~;.; " ~ . ~ '" C') '" @ ~ ! ,/ /'/ /' ~---_. ---.- .----. / -_._-..~ ~7;G-7' 0 N sr r-r~ r=r-] y t!~~~ ~ ~ ,C~C:J 12 tj ~, 'i' -, 0 , ~ ~ ~ .~ . '" ). '" :0 " :::J U> ", <D <: V1 / i I! >. >", " :J: :::> :::> i !- L____ c: .., :0 zr~ tfb ANALYSIS OF BID RECEIVED FOR TAX RESALE PROPERTY Suit Number & Style: Tax 10# & Legal: 00-1027-F; Nueces County vs. Clara Lara 2420-0001-0390; Lot 39, Block 1, Ferrel Addition Property Location: 2426 Viola - Corpus Christi Date of Sale: December 17, 2002 Amount Due All Entities: Cost of Sale: 13,538.56 8,000.00 1,722.99 13,688.00 Amount of Bid: Current Value: % of Total Due: % of Current Value: 59.09% 58.45% Entity Name Amount Due Amount You Each Entity Will Receive Nueces County 1,779.12 824.87 Nueces County Education District City of Corpus Christi 1,856.14 860.58 Corpus Christi Independent School District 4,483.69 2,078.82 Del Mar Colleqe 625.27 289.90 City Paving & Demo Liens 4,794.34 2,222.84 y/ ........ AN 800 SQ. FT WOOD FRAME HOUSE IN POOR CONDITION ON A 60 FT. X 180 FT. LOT NEAR THE A YERS/GOLLlHAR INTERSECTION. THE PROSPECTIVE PURCHASER IS JOHN HOWARD OF CORPUS CHRISTI 982 -.--< ~ r;---r0 ~$ a I ... ! _+--i ~1Tl , i ::0 , ,. ;; ; ---r--"--'.' :: .. ,. ;;; I q ~ . . L '"1. .~. ;i "I _ i ~ : r6 ~ Jo ~'r r 71-'~- I.. I .ot. ;1 IA ;: ::: ;; :: t! f \; "'.1 I...." i 'A -\ ~i '"' ., -;0 \~ :j:J: ~ ,-----< ::0 ~ :~ u; : ~ ~ [ ,~ " i- ~ -4m- .." .......~I ,"-.. I"r,.,o.';" 1 -I' Ln. .@fa i' 1,-- I' '. a .. '[:.>,; .8..z, ~~~ -" . L ...:..' ,\~: ~ {ilt .. )>, '--"~ \ ;; ~, o ,....v~ ~ :: t-~-: ~,,>~.. l. ~ :. :! : !" " ..: ~ :-~.:,,:~-_... ~ - ----1 r. ! .-:..1.L- r -:1 .:d ---..... :; :;. "': - ~.,. - , .. r ~i.." r r 1-= ; :, [. "0 :l~--- L---.::o ~ ~ __~ en \. ; .~~ ~ ~ _I :-II. .10 ~ --l ! ,11Tl '--i .----, CJl ~ ;:1 I: I,~ .--:.i.1_ ~ ~~. ~ ;.. .~-~ ---r--~---~ I: ~ _~_"..--:J ____ ~/ I, .. :;. ..~ '" ~ ... ... ;; r: IN .. ~ ::i " ~"... : ; III~. 1----. '" ;:; ,.. .. " <f' ;: .. :; " ~ ~ ~ ; BOULEVARD ;; ;; . > i ::0 0' X !T1' ::0 MANSHEIM ;; , o' o o o . I =. ~ ;; ;: ~ . ~ : , ~ ~ , , ~ ... . , - '" : - ~ ... : : :; \.::.'J .. \t~ " '" . : !:: , ~ . .. . \oj " ; . I' : . , " - ; , ~ ;:; ; (') :J: I'll ::0 -< r " '" :; ;; .. '" '" ~ ~ \ ,:., r. j :: f't: i: ~ ,-. SUNNYBROOK . .. .. , ." .. : : !: ~:: ,L : ;;: , : ' ;; ;; ~ ;: ! ;; i ;:; ;1 1 'I N .~' \ . :; I · --''- I .; ; . ' ;; I ;: ; ;;; :: '1 .\ -- ; ~ ::; o 0' ::0 . o' ::0: ~ . ~ @. <9.. ~ ~ ~ h ! ~ ..:~~ f': i''''::',= ~ ~ ::. .i :. ; -- ~ ~ \ '-i :1 i--~- ,I i ~~- '! :1 -:-T T ~~ '\\' ,A. R Il....!11 c' 0: .. " ';;' I '; , \;.. r ".? ..4 ".. '. .~..l 9.~ ~ d :.. \ '( :: ".1 1'4 I'! ~, . I ~ I....: VIOL A "t..., ~ ~ .. ~ GOLLlHAR 1II I, e: z o ", I I :; = ; i ~ ~ .. . .. ,.. . 'L.... ROAD u; :; - . ;: ;; :l ;; . ::: :; ;; ~ , ~ . ~ ~ " . ... ~ ~ ~ I I RO AD c::: .;; . .. r ;:j ~ ; ;;; ... Ui '; :; ;; <: ;:; ~ .r "4..f. .. ... oJ< N '" .- .- I' & ~ ..! (') :I: > "tJ ~ > z " lA ... '" ,.. : . . j; = o .. 12 .... A to .. Q .. I'll ._.. - L_ l' .... I' t.o .. .. N .. .. ~ . , , .. ..rii: ....: "IS (:::: t.t ::JJ . ... t::\'" ,+~ : ... .....\~ -.. . ... ..: Ii- N. : N. ,-, '" I .. u.. . : .' ." . t " ;v~ -D 11: ~ r f r'I :.:t:.:" : 1 ~ I"' j ~ :r ~ .;. ... ... q .. ~,... i. ,. .. . . ::D > % o :I: c - "j;:j p ::D o > o ~ \w~ ANALYSIS OF BID RECEIVED FOR TAX RESALE PROPERTY Suit Number & Style: Tax ID# & Legal: 00-2532-G; Nueces County vs. Nolen Bailey 4032-0001-0190; Lot 19, Block 1, La Arboleda Property Location: 3014 Greenwood - Corpus Christi Date of Sale: January 7, 2003 Amount Due All Entities: Cost of Sale: 10,039.04 1,500.00 938.25 5,040.00 Amount of Bid: Current Value: % of Total Due: 14.94% 29.76% % of Current Value: Entity Name Amount Due Amount You Each Entitv Will Receive Nueces County 1,209.85 67.70 Nueces County Education District 221 .48 12.39 City of Corpus Christi 1,387.73 77.65 Corpus Christi Independent School District 2,551.33 142.76 Del Mar Colleae 394.98 22.10 City Paving & Demo Liens 4,273.67 239.14 ......- VACANT RESIDENTIAL LOT, 42 FT. X 96 FT., ON GREENWOOD BETWEEN T ARL TON AND BALDWIN. THE PROSPECTIVE PURCHASER IS GEORGE HAMIL TON, JR. OF CORPUS CHRISTI 994 c: ~ Cb () R ~J "\ ) /' /' '<J '*' ,. ,/ /~. --; ). .,/ // 'b '" " \ \ '" \ ./ @ ~J--~' --~------ WAl.,HING -; ~--_. r--, . , ,}..-4 :::~ i~~~-~ [, :~V~~ I ~_L . __J L_1__ L.___._~~ --..!!.!..- ---i /~ \~ I' e - ;" :: ~~~. ,~ i. I iO Q J--;;--" ~ Ai ~ I\i --; c-. ~ ~g ~ ~~ ~~ ~ -~~8 "', -..., ,..,., \ --1 r-- ..- '" i "'~ ~~~~':' ~ --;:--, :-; f-+":~ -:-1 ,IS --1 l ~ ~I t ~ t-~:_~ !< , ~. 'I " io t .~ ~I ! ..!U.-_: L~2<.L-l_ l_~ v> C4RVER '~ - ;- TI~..-." , "'- .. . I:; 5: t " ~ .. .. "" - ~ <:) a\ ..-... '" ,." "" '" '" " ::: ~ en i\i ~ ;-; "- . <;; . t'l ~-~ ~-- l~ i:r. I fa ~ ;;:; '" '" :-; 15 , " '" ~..~ ~! ~.!f i ...1 ST. ~ 0; [L GIN (> ,. '" ~ , " .... (:) ~ ~ '" ..., 0 '" .'" <: " :\ .. '" '''~ V) c) :r: 'C a "- a ~, J:J ----~~ DR. ": ~ i - ~ '" is " "l ~ 'b ~ f:l 0; i:i . i:ii CJ c:: <t tIJ l> ~ "i Q <t SABINAS sr 4tJ .~ I '- '" "' I .. .. .. ~ .. .. 5 ::: ;;; l:: :;; i;; ~ I ::- I ~1'" 1 L 1 t5 ~ '" :';: 'll l:: ::: ~ ~ ;0 0; " 0,1 .. a> .. 47.~r oJ H ~. r:: '" 'l! "i Vi " "i t'l i: ~ ;;; .i Oi ~ cr. " -"LL V' [LGIN -> Sf: . ~ !iX' cn ~I ~ 0 - ... ~~ R ~~ / , "' ~ '.l: :)l ~ 'l! ~ ;0 0; " -' C> .. " -I'" "' .. .. " ~~<:o <; '" " i;; " <;; ." I ~ , - -. .u ~ , .. .. L ~ "' ..I", .. ~ a> '" 5 :: ;;; (:; .. uJ .# t L 0 t Y i ,.. ~~I&I ~ :l\ '" ~ c: ~ '! ~ ;(o! 0; " v;; C> ~ J . .~ .. i;; '" '"i <;;' <;;: ." · <'i [ISENHOW[R Sf: ~ 'Il . I '" I 4Il.::: ~--=- ~ c... I ~ ~ "' .. t=. -~=~ ~j ~i=-2j '<:1 tL rt: ~~:~ G'1 E" .ILt-._~ 0 ___ --<- ..::-j ~_~~_ u. 0 +~ ~ t : ~ -+1 ;g ~n ~ ~ ~~~ ~8-~~~}r): ~ ~_-l -;:-I r>:;-::'--"-~ ~ c. C I ....~.. I':) jj'" I " iJ =--:'N ~'! . t lrl u. ~ I n ~ _~H -...,+- 0-< If] I~ ~ ~! Oi ~:-i ~m - r..l_ i lrJ .:k--1 " -~ . ffi ;. ~ e'1 '" D: ~."~ ;;;~>. - " ... .. .. .. ... 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" " '" ~ '" H.~ c:: ST .~ Co ANALYSIS OF BID RECEIVED FOR TAX RESALE PROPERTY Suit Number & Style: Tax ID# & Legal: 00-2532-G; Nueces County vs. Nolen Bailey 4032-0001-0200; Lot 20, Block 1, la Arboleda Property location: 30, i? 3014 Greenwood - Corpus Christi Date of Sale: January 7, 2003 8,679.80 1,500.00 938.25 5,040.00 Amount Due All Entities: Amount of Bid: Cost of Sale: Current Value' % of Total Due: 17.28% 29.76% % of Current Value: Entity Name Amount Due Amount You Each Entity Will Receive Nueces County 1,209.85 78.30 Nueces County Education District 221.48 14.33 City of Corpus Christi 1,387.73 89.81 Corpus Christi Independent School District 2,551.33 165.12 Del Mar Colleqe 394.98 25.56 City PavinQ & Demo Liens 2,914.43 188.62 .----- VACANT RESIDENTIAL LOT, 42 FT X 96 FT, ON GREENWOOD BETWEEN TARL TON AND BALDWIN. THE PROSPECTIVE PURCHASER IS GEORGE HAMIL TON, JR. OF CORPUS CHR/STI 995 c ) / <, //// u Co .. 'i' -, ~ :" '\ ~/ i'-., " \: '" _/ --W;SH7:~ ~-; N @ -]-~. ~.:;. ~-t~ f--=t'-~l \ ~ ~~~..~ f_ ~ ~A ,. '" :" . Q ... <::J , ~ '" ..., ~ " \!J <:: " ~ " V1 'i":., I ( ;:; I --_.~--~-_._~ (" A R V [ R OR. '< .. e -::::' l~ " l~ IV ~ ... G; r;. is . ~ G; '" '" I '" t- -.; - t ~ .. c" .,... If) ~ ~ :-i ." ~ :-~m' : : ',,-:-. : --.' '~.'- E' G'N Sf VI ,.., ... .. 3:~ _ t H f<: , ~ -+---- ~ ~ i ~,,~ I~-lt. --~ t L i~ N- . V. . \1 , .----' C> .. - CA , ,~ _4 R V E ~ I , ~ G; ;. ::; iIlJO...l!l :;,;: ::: 'Zi[): lll' '" ---;: ~ I" c: ;;; ::: <3 .. '" ~ '" .. .. - . ., _.. L .f) ~, ~ ~~ ~ " -, '~ A Jl..~ / ..1 ~ ~ ~ OJ: ~ l!l ;0 Q; " Q '"I'" ~ -- " ~ .. ~ ~ .. 0 ::: ;;; ;;; '" "' I . ~." . - -. GREENWOoD ~ B . ~ ~ fj: ~ !--~~ ~e jl c--T~ ~ - : T\> ~ L. _ f.---+ loo . .. Cd~fJ , . \( tIJ f.-------+---- C) ~_+ ~ r- ~, t. ;;;-+ !:: II: CD I [:: --t- .~ _' loo f---7-~ f~--r-- ~ 1 In h:-t- ; =-1~-"~ f---+--- , I t- . 0, ~ G, oj "' il: V1 ,., -,---,-,-- 0; ~ ;;; ~ " ~ " " " ~ i): Q; " ~ ill Q; _c>f~i~ ~ '" 'l: :>! ::: .-.-t- '" ~ ....l!i- :.N 'l: ti " ~ .. '" a '" '", 0, \';: " " - '" ~ '" H~ " 1 Me A RTH'jR r:-...... ),' ~-~~ q~ c" C) .:x: Cl C) SABINAS sr " v, " '" ... '::! ;;; l!l '" G; ii; '" .. .... I '- ... ~ .. .. .. .. I ~ ~ <> ::: ;;; Q 0; Ui '""" I 1 L ;: Ii'; ~ ~ ~ ~ :'; 'Z l:: ::: 'l! l!l .. ;; :;; 0; n., . i.> u N' ELGIN -' 5T. ." U! , '" ~. , -- Nit.. .. ~ " ~ .. ~ is ::: ;;; Q 0; ;;; I ~ I tI.u ~~I!ll t L Y t , ~t ~ ti .. .. r: Ii:: !'! l!! ..' ;; :;;~ 0;, ~ .. J t u .,. Sr. ST. . .:~-t ~-!i~ " ~ . .. , .. . ~J- A ~ 'l:,..c>.:t; ~ -..;~ , :; ~ .... ~ ~ fI{ m ~ -. '" :b. ~ ~ "" . c- o t :::(-"! 'i:: " ~ A ~. J ~ ! " ~ :. ~O -'-:4.b .. .", .. ~-'j:: ~ .. :, ~ ~ ,~ .. I;: .. \: 0 ~ ::: 1lJ1)' ~ ;;; ~ Q ~ '" " '" '" tt Oi '" ~ :;; s: Q; :: iD '" .. l ~ t:: . ~ " ~ . '" ::;. :b. " <:: ~ ~ ;;; I ~ ~ -~_._-~ ~ -- " ~~~~ a; I ..... ~ &i ill 0; " ~ ~ t;( '" ~ .. " '" '" .. :>! ~ ~ t:i . ;0 . " Q t:: .,. ):: t t '" - .. c;: . ;;-. " co '" ....ilV.. V1 '""' A ., t:-'tl ,. , Il '" '" &l ~ it ::; ., 0 ;;: '" (J) '" '" ;;; - ~.; " ~ " '" '" "' &l iIi ~ '< ~ Qi t:: ;;; '" .. ~ a :0:: -! C) Cl ~ ,." :" -< '" :-I ANALYSIS OF BID RECEIVED FOR TAX RESALE PROPERTY Suit Number & Style: Tax 101# & Legal: 99-6459-C; Nueces County vs. William M. Allen 1390-0004-0030; Lot 3, Block 4, Carver Addition Property Location: 2818 Soledad - Corpus Christi Date of Sale: March 2, 2004 4,674.10 2,000.00 1,567.50 6,209.00 Amount Due All Entities: Amount of Bid: Cost of Sale: Current Value: % of Total Due: 42.79% % of Current Value: 32.21% Entity Name Amount Due Amount You Each Entitv Will Receive Nueces County 610.32 56.4 7 Nueces County Education District City of Corpus Christi 636.09 58.86 Corous Christi Independent School District 1,575.54 145.79 Del Mar ColleQe 219.28 20.29 City PavinQ & Demo Liens 1,632.87 151.09 ...... ../ A VACANT RESIDENTIAL LOT, 42.4 FT X 94.5 FT, NEAR THE NEW SHAW ELEMENTARY SCHOOL AS STATED IN THE ATTACHED LETTER, THE BUYER INTENDS TO BUILD AFFORDABLE HOUSING ON THE PROPERTY. THE PROSPECTIVE PURCHASER IS NUECES COUNTY COMMUNITY ACTION AGENCY OF CORPUS CHRISTI 1152 NUECES COUNTY COMMUNITY ACTION AGENCY 4760 Old Brownsville Rd. Corpus Christi, Texas 78405 (361) 883-7201 FAX: (361) 883-9173 Joe A. Martinez Executive Director November 2, 2005 Dear Taxing Entities: Subject: L T 2 BK 4 Carver Addition -2822 Soledad L T 3 BK 4 Carver Addition -2818 Soledad LT 5 BK 4 Carver Addition - 2810 Soledad Nueces County Community Action Agency (NCCAA) is a 501 <<;> 3 organization and through special funding from the City of Corpus Christi Business and Job Development Corporation (4A Board) would like to purchase the above listed properties. The property would be utilized in NCCAA's Affordable Housing Program that provides homeownersbip opportunities to low to moderate income families. Through a partnership with the City of Corpus Christi, NCCAA is involved in a neighborhood revitalization project in the Carver 1 & 2 Addition and as such we are acquiring vacant lots or dilapidated homes to construct up to 10 new homes to improve the quality of life in the neighborhood through revitalization. However, this is a pilot program and success of this program and future neighborhood revitalization projects is contingent on acquisition of property from private individuals and taxing entities. There are several benefits to the tax entities through this program. Most importantly, the lots will be back on the tax rolls and begin to generate revenue again. The other would be a higher assessed value of the property. The vacant properties will be assessed with an improvement and land value rather than just land value. Please contact Mr. Rodolfo Cantu, Housing Director at 299-2347, Extension 15 or Sam Esquive~ Housing/Construction Specialist at 299-2347, Extension 17, and any questions. A. inez E ive Director ^ ^ NelghborWorks@ . OAciiOii. PARTNERSHIP Helping People. Changing Lives. CHARTERED MEMBER // ====--;_~/'i WASHING r-;;;;---J i r---r-~ ST ).1 --J \ ~------~ ~~~ ~-@--4 i \ CAt'EA~ '-i I \--r----l . ~_.l.___.J ---1 H 71 ~: ~: ~ lJ) :J: n, ~ ~ ill ~~: ; ~~ ~: .... . ~ ~./,., I ~ : Il., : ~~ - ~--~ 1/ ~ lll' .. '" - ~ -. '" ;;; . '" "...c C) ;; :~"! <;; -' ~Sl'- (i .~- ~ ~ I ~ ~ ~ :: VI ;;; ~ :-t i; III .. iO u; ii> ;n. -, ELGIN E CARvER sr ~ ~ ~ ~ -1 ).. " ~ .., " <"\ '" ... ),. '" '" ... <::1 lJ1 n, \0 ~ iJ1 ,-" " ::t Q Q r- :t; DR. ~ ~ Oll r- """i Q ~ :: ~ '" ~ "" ;:; 1: ~ >: .. <;; ii ~ :; 1a':., "i>. '" ~ ,0 -- ~ ~~~ 0 - ... ~~:: I ~ .. ill ~ !l ;;; ii :; ii' '" - .. .. .. .. ~ ~~. i5 ~ ;:; <;; >; u; '. m ~ - -, GREENWOOD sr. ~ - - " " ~ ~ - '" '" .. Nt A .. '" 5 ~ ;:; <;; .. <A 8 ~ ~~ .;::; '" ill ':l ill II It t:: ~ ~ i!I iO Oi " a '" .. - " " - <;:' ...", EISENHOWER ST. ill ':. a; ::: '" Co 0 .. r- -:: '" '" <::1 '" ),. Co <::1 , ~, 1-; '" ~ , . ,CJ",L, '~L." .. '" '" ~ l;>:;; ~ I~,:: ~ 'in '" ::: ~ '" ~ .. co ~ Co G"\ c. ::(u.) i:l l> r- ;.; .'" '" -IS-; '" '.- .::: - ". ;; '. '" (j '" " ,.., ~ ~ ;; '" '" ii D\ ~ iO ~ : '", !!. <> ~ '" ~ -, .":i MC 4RTHUR ! - .~ : I '" ~ .. ~ ; .. Co '" Uo !l: '" ':. ~ II; '" ~ '" .. .. I is ~ :: (..) ~ ;;; ~ , c '" <> .. ill u; i'i: a; ~ :; '" f Co CD ~ ;; '" : .. i ~ ::: !~ .. '" ""-:~ ....N, ~, ...~ ~ - '" ~ , '" .. " .. .. '" ~ il Co ~ ~ ifrl "'L fib- '" '" ",,, '5 '1;.... :: (....j ::r- ;:; ~ i:: ~ .. ~ "' III a; ~ :; fit '" '" '" ~ Cii 11 , ~ ~ ::: . ~ '" ! ., '" G"\ c:: l> <:l l> r- c:: " '" '" ..., sr CD lo) 0: '::. ;:;;i :::; ~ ii .. .. SABINAS sr <:l c:: <: tIl ,. '" '" .. f"M .". , , - '" .. I .. '" .. ~ .. .. is :: iO <;; ~ iO h , , C L r::.. ~~ '" 11 ~ '" :;: 1/ r: ::: ~ ~ .. ii :;; iii .. .. .., .. I-> .. .... ELGIN -:. sr ~.. :\'" , .. .. , .. ~ .. ~ . '" is :: '" <;; i: '" i ~ u ~~~. t. L ~ t . 't '" ill ~ ~ t: Ii:: ~ ~ ~. Oi "'~ 0;; ~ . .~ w ~. '" '""' -, l> ::l) r- .., Cl <: . - ~: , . . . '" ../- A ~ '-6.0.:-' '" .. ~'" , ll; " ~ ~ 1/1 .. ~ .. .. .. <5 '" Co ~ (..) .. '" ;:; ~ <;: '" <> .. '" .. u; ll: a; ~ ~ ill '" '" ~ iO 'Ii . ~ t:' 1 '" "'I . "'. :' . ! '" '" ~ . .. ;; ~:::: ~ . Co ., ~ ~ ' '& .. :;: ~ ): <5 ~, ~ 10.)' ::: ;;; ~ Gi ~ 0 ;; ~ .. '" .. ;; ~ :; '" ~ a; :;: ~ l: I ~ ~ . ~ '" ~ . - ~ '" ., ~;'.. '" ., ~ ~ ill .. .r. - " 0;: -. '" Co '" - '! .. .. "' :1 i: ~~ in ill 0; ~ ::; (II ii '" '" iO ':: A A ~ l>o <: ~ :0 '" ::t """i ~ a ~ -; C'l Cl ~ n, '" -< '" -; '" -; '" ;-i c;: Qi ~ . /,2 ANALYSIS OF BID RECEIVED FOR TAX RESALE PROPERTY Suit Number & Style: Tax 10# & Legal: 03-5896-F; Nueces County vs. Bill G. Fowler 0488-0003-0010; Lot 1, Block 3, Bay View Addition #3 Property Location: 1201 14th St. - Corpus Christi Date of Sale: June 30, 2005 22,030.35 17,300.00 1,172.50 32,379.00 Amount Due All Entities: Amou nt of Bid Cost of Sale: Current Value % of Total Due: 78.53% 53.43% % of Current Value: Entity Name Amount Due Amount You Each Entitv Will Receive Nueces County 2,159.55 1,580.92 Nueces County Education District City of Corpus Christi 2,390.38 1,749.90 Corpus Christl Independent School District 5,024.77 3,678.42 Del Mar Colleqe 774.85 567.24 City Paving & Demo Liens 11,680.80 8,551.03 ~ ,/ A 900 SQ. FT WOOD FRAME HOUSE ON PIERS. ON A 54 FT X 132 FT CORNER LOT. NEAR THE INTERSECTION OF MORGAN ST @ CROSSTOWN THE HOUSE HAS BEEN VACANT FOR A NUMBER OF YEARS AND NEEDS SIGNIFICANT REPAIRS THROUGHOUT THE PROSPECTIVE PURCHASER IS ALBERT SAUCEDA OF CORPUS CHRISTI 1231 >r.'>'. .. ':~\'I" , -r' - f "..~:; '.;"' '" t;~~;~... .~ ~.~~ .-~ .;;"""~ ~~JL~ULJULJ L - , . , . , . . . . . . ~. . ~- . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . ~ , . "-l . ~.~ . , . ~r . t' ;. 11 ~ j. :. I- '" .., ~ '" ~ "t ~ ~ ~. I I) :; ::> / / I / .~- /--." . /'------.... ., " L?$}~~- '<~c,~', , .l;!~ ~~0_ '-- f_III~" 'I'~ ------; -r-'-J ;------:.e -.-/ /;~r~ZI !(~fj] ~. , l~ 7f/J ~-,~ --.~i' I --------., -~- II' '/ -'........... 133/J1S I- .., .., ~ '" -- .....- - . . . . . ~ . . . . . , . . , .. . . . . . . . . . , . . . . . . . . . . . . . . ~ . . -- - - . , . IE l.() 133/J.1S , ~. ~ O~' \'~', 0"\ '0"\ 00 -If H138VZ173 -, . - . , . . , . . . . I- , Iu , Iu . e: , . <rt , . . . . . . . . . ~ . . tC.:. . . . . . . . I . . ... . !o . ~ . . ~ , . . . , . . . , . . . ~ 0 IE '" -, . . . . . , . . . . . . . . . , . .. . . . . . . \ . . . . . . , ~. , . . . . , . , . . . . . . l- Iu Iu a: .... <rt I- .., .., ~ <rt .11 :JS 3/Jd , - . . . . . . . . ~ ~ ~ ~. (~--. ,I ---.-----.~~/ "cY; <-'" I +.. ~ ....~ t"PI'4:.OJ ,/,,~O ~ 3 \ ~--{ s~ SS <(?-- S -+ ~'?J0 0(>.0 ~C ~ <rt ~ ~ \'~ -(.-.tI -:-\G G, r<) :-) ANALYSIS OF BID RECEIVED FOR TAX RESALE PROPERTY Property Location: 02-2538-C; Nueces County vs. Vincent P. Cavazos 9307-0010-0210; Lot 21, Block 10, Patrick Webb Addition resub. 2320 Morris St. - Corpus Christi Suit Number & Style: Tax ID# & Legal: Date of Sale: July 5, 2005 9,423.79 2,500.00 1,089.50 11,125.00 Amount Due All Entities: Amount of Bid: Cost of Sale: Current Value: % of Total Due: 26.53% % of Current Value: 22.4 7% Entity Name Amount Due Amount You Each Entity Will Receive Nueces County 1,894.37 283.54 Nueces County Education District City of Corpus Christi 1,979.92 296.34 Corpus Christi Independent School District 4,863.31 727.91 Del Mar College 686. 1 9 102.71 <..-/ A TGTALL Y DILAPIDATED 800 SQ FT WOOD FRAME HOUSE ON A 25 FT. X 100 FT. LOT, LOCA TED ON MORRIS ST BETWEEN 20TH & 21ST STREET. THE HOUSE SHOULD BE DEMOLISHED THE PROSPECTIVE PURCHASER IS OLGA RUBALCABA OF CORPUS CHRISTI 1242 ... c ....., o " ",. .~ " I'onr 23RO 21ST ,-" .....! --L . . . ~ j -+--~ --I ~ -j --~-~ .. : -1 -..., -:-1 . "l . - t:=j e - . ---..!.. 1. ~ --! ---T ~ . p....., "'"J,.... ~_~, ..~i>._ ".' '" "i a d I . t~ f.---"- H t=>= ':, J " .. sr . . sr 81IJtt~ ~ 21ST . . ~- "' sr . - 1:. '<: "1 ....- -T ~- ~- HARMON ~ AVE. . ~ t t . , . . . . t , ~ , . . . . . . . ,"';; - 0 . T .. 8LVNTZER ~ , t - . ... 0 '" -t . N . (; 0 0 _-\_ -s_ o II) :"'1 , - . - 0' . 0' . ~', 0, N , . , L1r~: ----t--~-+- ~ ti307"9~ I 0 .. (& . ~ ...= o. 0. . . 19TH ---) 1------------ ... ".....~r:~_~I..4i: "., !.,..;,_I ,I., ~F sr. ~ ~ ~ l:: s: " :"1 . . . , . I . t .. ... o :i: ~ o . , . . , . . . . . .. . ~I :r '" :"1 5T <D ,... 1:. ~ '" ~ (:I ~ sr 5T II) ""1 '" :"1 ~ ~ ~ ~ ~ '" :0 ~Z~ /2L(-2- ORDINANCE AUTHORIZING THE RESALE OF TEN (10) PROPERTIES WHICH WERE FORECLOSED UPON FOR FAILURE TO PAY AD VALOREM TAXES, FOR $51,800 OF WHICH THE CITY SHALL RECEIVE $6,103.30, PLUS $12,517.13 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 ten (10) properties listed on the attached and incorporated Exhibit A, which were foreclosed upon for failure to pay ad valorem taxes, for $51,800 of which the City shall receive $6,103.30, plus $12,517.13 for partial payment of City paving and demolition liens SECTION 2. That the Nueces County Judge is authorized to execute a resale deed upon 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 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 2006. ATTEST' THE CITY OF CORPUS CHRISTI Henry Garrett Mayor Armando Chapa City Secretary APPROVE~: This J'- ~ d~y of \-( J /1.1<1/1-) ,2006: By: ,-{/t/:_ *7"'.,J;'=-__ Lisa Aguilar C Assistant City Attorney for City Attorney Lisa/2005 Ordinances/Resale Ordinance September 20. 2005 ..J~ ~ N <n ;f -D N 0'> C<) <n '" '<t 0 ~ ~ 00 '<t 00 '<t r- '<t 0-- 0-- '" r- ~G ..,: 0:- - 00 ,.., '00 00 0:- 8 'S!. ~ ~ ~ '" <n r- '<t 00 - r- 0 0-- ow '<t 00 '" " 0 ,.., N N '" N 0 1-:::1 - - '" 0 ~ 0 - ... ;:; I Z ; r- '" '" 0- 00 '" - '00 ~ '<t 00 00 ~ I/) 0 '00 ..,. r- N '" '00 00 00 '" 0 r- I ~ 0:- 0:- 00 0:- ..0 0:- vi i ~ j:: ~ N ~ r- '" r-- r- oo '" ..,. 0-- N N I Ill: 00 00 - -- 00 r- N N - <3 0 - - ~ ... 0.. - I- ! '" 0 "" r-- '<t ..,. N 0-- ,.., 0 N 0-- ~ ClO! - 0 '00 v. 00 - "'! 0 0 C> '00 ..,. ~:Ei 0 0 " "" N ~ 00 - - 0 r- 0 '" ,.., r-- N 00 V) V) - 0 >w '00 N 0' N '" - - '" 00 ,.., <0 N 00 N ... 0.. ...: - ... 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I-W 0 '" '" V) r-!- N N do. ..0 00 '3 E 00 -OJ 0 00 r- '" N '" '" '" 0-- '" 00 :::1:& Cl ll) - 0 $ '<t S '" '" ~ 00 '" ""0 - '3 1/):::1 00 '" N N 'Q N .c ...... Z g N do. 0... g 0 8 0-- '" N ~c r-!- Cl 0-- 0-- 00 0 0-- 0 0 C1"o I- 0:: ~ lIJ N - N om i 0-- - N '00 N '<t '" 0 00 N '" '<t '<t 00 0-- 0-- '" '" '<t .... '<t -:E 00 0"- 0-- 0- 0-, 0-, 0-, - ~ ~ 0.. '-D ::l - Z Vi '" -+ N C<) '<t V) '-D t"- oo "" S - ll) - .....:! ~ :r -S: --S: Jj 22 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 1/31/06 AGENDA ITEM: Ordinance authorizing the City Manager, or his designee, to execute Lease No. DTFASW-06-L-00118 with the Federal Aviation Administration for 2.8747 acres of land located at the Corpus Christi International Airport, for a term of ending on September 30,2025 for the construction and operation of a Digital Airport Surveillance Radar (DSAR-11) site and providing for publication. ISSUE: The FAA is in the process of replacing the Airport Surveillance Radar site currently located on city- owned property at the Evelyn Price Park on Gollihar St. with a state-of-the-art Digital Airport Surveillance Radar. A site selection committee consisting of Airport Staff, FAA Staff, Navy Staff and the City Planning Department met several times and this location was selected as the best site. REQUIRED COUNCIL ACTION: Council approval is required on all property leases, PREVIOUS COUNCIL ACTION: On October 7,1991, Council approved Ordinance No. 021253, a lease with the FAA for property at Evelyn Price Park, the site housing the current Airport Surveillance Radar (ASR-9). On August 10, 2004, Council approved by Ordinance No. 025954, a new lease to the FAA for the same premises for the same use. FUNDING: None CONCLUSION AND RECOMMENDATION: Staff recommends approval of this Supplemental Amendment. Attachments: BACKGROUND INFORMATION The site housing the current Airport Surveillance Radar (ASR-9) is located within Evelyn Price Park, a City park located on Gollihar Rd. The FAA is wanting to upgrade the equipment to a Digitized Airport Surveillance Radar (DASR-11). A site selection committee consisting of Airport Staff, FAA Staff, U. S. Navy Staff and the City Planning Department met several times and the site selected as the most advantageous is a site consisting of 2.8747 acres of land, including easements, within the airport fenced in area to the north of the new Air Traffic Control Tower. This site will allow for better radar coverage of the Corpus Christi airspace. provide a much more secure location for the tower, provide for a quicker maintenance response time, eliminate radar signal obstructions (buildings, trees, towers, poles, etc., and proved a cost savings to the FAA. This is a standard FAA lease in that it is a "no cost" lease in exchange for the services provided. The lease will expire in July of 2025 (19 years and 7 months). The new DASR-11 is expected to be operational by June of 2007. Airport Staff has requested that once the new DASR-11 is operational and the ASR-9 is decommissioned that the Gollihar Road premises be restored to its original condition. ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE LEASE NO. DTFASW-06-L-00118 WITH THE FEDERAL AVIATION ADMINISTRATION FOR 2.8747 ACRES OF LAND LOCATED AT THE CORPUS CHRISTI INTERNATIONAL AIRPORT, FOR A TERM ENDING ON SEPTEMBER 30, 2025, FOR THE CONSTRUCTION AND OPERATION OF A DIGITAL AIRPORT SURVEILLANCE RADAR (DSAR-11) SITE; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager, or his Designee, is authorized to execute Lease No. DTFASW-06-I-00118 with the Federal Aviation Administration for 2.8747 acres of land located at the Corpus Christi International Airport, for a term ending on September 30,2025, years for the construction and operation of a Digital airport surveillance radar (DSAR-11) site. SECTION 2. Publication will be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. ATTEST: THE CITY OF CORPUS CHRISTI Henry Garrett Mayor Armando Chapa City Secretary APPROVED: January d s;;- , 2006 p n P. Burke, Jr. nior Assistant City A For City Attorney ORD for DSAR Il.lla That the foregoing ordinance was read for the first time and passed to its second reading on this the ~day of ~, 2006, by the following vote: Henry Garrett ~ Bill Kelly ~ Brent Chesney C1.lA1 Rex A. Kinnison ~p John E. Marez ~ Jesse Noyola ~ Melody Cooper ~ Mark Scott ~ Jerry Garcia ~ That the foregoing ordinance was read for the second time and passed finally on this the day of , 2006, by the following vote: Henry Garrett Bill Kelly Brent Chesney Rex A. Kinnison John E. Marez Jesse Noyola Melody Cooper Mark Scott Jerry Garcia APPROVED AND PASSED on this 2006 day of ATTEST: Armando Chapa, City Secretary Henry Garrett, Mayor ORD for DSAR II.na 23 AGENDA MEMORANDUM DATE: February 21,2006 SUBJECT: Storm Water Management Advisory Committee Disestablishment AGENDA ITEM: ORDINANCE AMENDING CHAPTER 2, ADMINISTRATION, CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, TO DISESTABLISH THE STORM WATER MANAGEMENT ADVISORY COMMITTEE; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. ISSUE: The Storm Water Management Advisory Committee consists of eleven (11) members appointed by the Mayor to advise the City Council on various storm water issues. It was established on June 17, 1997, and was extended by Council on June 8, 1999 with provision to continue in operation until abolished by a future City Council. The Committee was instrumental in helping to adopt the ordinances necessary to implement the City's Municipal Separate Storm Sewer System (MS4) permit programs. With the management program in place, the need for regular convening of the committee is not required. At this time the committee is inactive and has not met in the past year. Need for citizen input on future storm water issues can be accomplished by the appointment of ad hoc committees, such as the Technical Advisory Committee (TAG), presently working on the Storm Water Master Plan. FUNDING: N/A RECOMMENDATION: Staff recommends approval of the ordinance as presented. AN ORDINANCE AMENDING CHAPTER 2, ADMINISTRATION, CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, TO DISESTABLISH THE STORM WATER MANAGEMENT ADVISORY COMMITTEE; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Article IV, Chapter 2, Code of Ordinances is amended by repealing Division 21, Storm Water Management Advisory Committee: Chapter 2 ADMINISTRATION * * * * * Article IV. Miscellaneous Boards, Commissions and Committees * * * * * DIVISION 21. STORM \^!^TER M^NAGEMENT ADVISORY COMMITTEE Sec. 2 231. Composition, organization, and duties. (3) Composition. (1) There is 3 Storm VV3ter M3n3gement Advisory Committee, ':.'hich consists of eleven (11) members, represent3tives of the various community interests. (2) The 3dvisory committee if; appointed by the mayor with the 3pproval of the council, for t'NO ye~u terms of office. I\ny v3c3ncy sh311 be filled for the unexpired term. /\11 committee members shall serve without compensation. (b) Organiz3tion. f4-) The 3dvisory committee sh311 adopt its mvn rules of procedures. (-2) At the first meeting 3fter creation of the committee, 3 m3jority of the whole committee shall elect a chairperson 3nd vice ch3irperson to serve during the first term. Thereafter, :3 committee ch3irperson 3nd vice ch3irperson sh311 be elected by :3 majority of the 'Nhole committee to serve one ye3r terms expiring each June 30. The election of the chairperson and 'lice chairperson sh311 be held e3ch ye~lr at the first regular moeting after appointments to fill expired terms. (3) The 3dvisory committee Sh311 meet not less than six (6) times per year with the support and cooperation of the oity m:3n3ger or his designees. SWMAC-Repeal 2 (c) Duties. The advisory committee shall: (1) Develop 3 thorough understanding of the ecology of the rocei'.'ing 'I.'aters surrounding the City of Corpus Christi, the composition of the runoff 3nd discharge, the methods for 31tering the composition of suoh runoff 3nd disch3rge, and the rel3tive costs 3nd benefits of city 3nd its citizens utilizing these v3rious methods to 31ter the composition of the runoff 3nd discharge, and the requirements of the Cle3n \^!ater Act 3nd the city's NPDES or TPDES permit for the disch3rge of storm \"'3tar. (2) Monitor compli3nce with and enforcement of the city's current ordinanoes relating to runoff and discharge of storm w3ter and the elimin3tion of pollut3nts therefrom. (3) ,A,dvise the mayor 3nd council on the 3ppropriateness of the city's current ordinances relating to runoff 3nd discharge of storm INater and the elimin3tion of pollutants therefrom. ('1) From time to time suggest changes, expansions, 3nd deletions to those ordinances. (5) .^,dvise the mayor and council on matters relating to the enforcement, modific3tion, and rene'J:al of the City of Corpus Christi's NPDES or TPDES permit for the disoharge of storm vlater. (6) .^.dvise the mayor and council on these issues and activities \\'ithin 3 str3tegy of compli3nce at minimum feasible cost, that is to 3ssure that the steps t3ken by the city in the above m3tters minimize the expenditure of funds by the oity 3nd its citizens, 3nd impose the least possible burden on the conduct of their business, while complying with the Cle3n \N3ter Act. (7) Advice the m3Yor ~md council on the est3blishment of 3 municipal drainage utility; the appropriate rate structure fur a drainage utility, including appropriate rate cl3sses 3nd the rates ch3rged to each CI3SS; and operation of the drain3ge utility once the utility is established. 'I< * * * * 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. SWMAC-REPEAL 3 That the foregoing ordinance was read for the first time and passed to its second reading on this the Jl.J$.t day of ~J\.I1f2J\"1 ' 2006, 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 , 2006 by the following vote: Henry Garrett Brent Chesney Rex A. Kinnison John Marez Melody Cooper Jesse Noyola Jerry Garcia Mark Scott Bill Kelly PASSED AND APPROVED, this the day of ,2006. ATTEST: Henry Garrett Mayor Armando Chapa City Secretary APPROVED: 3RD day of February, 2006: R. Jay Reining First Assistant City Attorney For City Attorney SWMAC-Repeal 24 AGENDA MEMORANDUM February 21, 2006 SUBJECT: Wooldridge Road Street Imps., Phase 2, (Bond 2004) Disposition of Surplus Property (Meck) AGENDA ITEM: A. Public Hearing to consider abandoning and vacating a parcel of unimproved street right-of-way containing 4,169.05 square feet out of Lot 1, Block 1, Airline Unit 4 Subdivision, located on the east corner of the Wooldridge Road and Airline Road intersection, in connection with the Wooldridge Road Street Improvement Project, Phase 2 - Airline to Rodd Field, Project 6266 (Bond 2004). B. Ordinance abandoning and vacating a parcel of unimproved street right-of-way containing 4,169.05 square feet out of Lot 1, Block 1, Airline Unit 4 Subdivision, located on the east corner of the Wooldridge Road and Airline Road intersection, in connection with the Wooldridge Road Street Improvement Project, Phase 2- Airline to Rodd Field, Project 6266 (Bond 2004). C. Ordinance declaring a parcel of land containing 4,169.05 square feet as surplus property out of Lot 1, Block 1, Airline Unit 4 Subdivision, located on the east corner of the Wooldridge Road and Airline Road intersection, in connection with the Wooldridge Road Street Improvement Project, Phase 2 - Airline to Rodd Field, Project 6266 (Bond 2004). D. Ordinance approving the conveyance of a parcel of surplus property containing 4,169.05 square feet out of Lot 1, Block 1, Airline Unit 4 Subdivision, located on the east corner of the Wooldridge Road and Airline Road intersection, to the adjacent property owner in exchange for their perpetual maintenance of the property and as consideration for partial payment towards a AEP electrical easement required for the street widening project, and authorizing the City Manager or his designee to execute a Special Warranty Deed for the property and declaring an emergency. ISSUE: The Wooldridge Road Street Improvement project was approved by Bond Issue 2004, Proposition NO.1 Street Improvements on November 2, 2004. At the intersection of Wooldridge and Airline, the project includes the reconstruction of a two-lane rural type roadway to a four-lane collector with a center left-turn lane and a right-turn lane for northbound traffic. It will also include new curb and gutter, sidewalks, driveways, lighting and drainage. Excess right of way was identified and is being considered to be conveyed to the adjoining property owner. City staff recommends conveying this parcel to the adjoining property owner at fair market value. To begin the process of conveyance, a public hearing will be held to abandon and vacate the parcel of right of way. Once the parcel is declared surplus property it will be conveyed to the adjacent landowner by Special Warranty Deed. REQUIRED COUNCIL ACTION: Public Hearing process and passage of the three ordinances as submitted. FUNDS: No funding required. RECOMMENDATION: Staff recommends the approval of the ordinances as presented. r /ilK t:.~ .v/"/t>~ I t\ngel R. Escobar, P. E. Director of Engineering Services Attachments: Exhibit A. Background Information Exhibit B. Council Exhibit (R.O.W. to Abandon & Vacate) Exhibit C. Council Exhibit (Intersection Layout) H:\HOME\EUSEBIOG\GEN\Agenda Items\Wooldridge Road St. Imps., Phase 1\Agenda Memorandum.doc BACKGROUND INFORMATION SUBJECT: Wooldridge Road Street Imps., Phase 2, (Bond 2004) Disposition of Surplus Property (Meck) PRIOR COUNCIL ACTION: 1. 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 resident 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) FUTURE COUNCIL ACTION: Council approval will be required for engineering/consultant contracts, land acquisition contracts, construction contracts and amendments with expenditures exceeding $25,000. OVERVIEW: On November 2,2004 , the Wooldridge Road Street Improvement project was approved by Bond Issue 2004, Proposition No.1 Street Improvements. Phase 1 of this project involves the reconstruction and widening of Wooldridge Road from S. Staples to Airline Road, and Phase 2 from Airline Road to Rodd Field Road. The project includes the reconstruction of a two-lane rural type roadway to a four-lane collector with curb and gutter, sidewalks, driveways, lighting and drainage. Due to the realignment of Wooldridge Road there will be two strips of land located on both sides of the Airline Road and Wooldridge Road intersection which will not be needed for street improvements. The parcel located on the east side of Airline Road, as shown on the attached Exhibit B, will be conveyed to the adjacent property owner, David H. Meck. A public hearing will first be held to formally abandon and vacate the parcel. It will then be declared as surplus property and conveyed to Mr. Meck at the fair market value of $6,253. The City will retain a Utility Easement on the entire parcel conveyed. Mr. Meck will also be responsible for perpetual maintenance of the property. Due to the City's street widening of the intersection at Wooldridge and Airline, an AEP power pole (Structure No. 19) was required to be moved further in towards private property. As a result, a new amended AEP electrical easement was necessary from Mr. Meck in order to meet the overhead line "blow-out" width requirements of the National Electrical Code and Public Utility Commission requirements. The City agreed to pay the cost of this amended easement with partial payment coming from the conveyance of the surplus property described above. The power pole (Structure No. 19) relocation is being funded by AEP. H:\HOME\EUSEBIOG\GEN\Agenda Items\Wooldridge Road St. Imps., Phase 2\Background.doc EXHIBIT A File ,MproJect \~ounc/lexhlbtls \exhb266, 626lb. dwg CORPUS CHRISTI BAY ~ N PARCEL LOCA TION FlI 24# LOCA TION MAP NOT TO SCALE / ~', ..~. / SUBJECT PROPERTY TO BE VACA TED VICINITY MAP NOT TO SCALE CITY PROJECT No. 6266. 6267 EXHIBIT "B" WOOLDRIDGE RD. STREET IMPS., PH. 2 BOND 2004 R.O.W. TO VACATE & ABANDON CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI. TE:XAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE:: 02-13-2006 ~ -- - - - - ~ '-de \ADAVILA \GEN\2006 \ 4-ANGEL \AIRLlNE -WOOL.dwg CORPUS CHRISTI BAY ~ N INTERSECTION LOCATION MAP NOT TO SCALE cS a::: I ~ - ..... ~ i ~ ~ N INTERSECTION MAP NOT TO SCALE CITY PROJECT No. 6266, 6267 AIRLINE RD. & WOOLDRIDGE RD. INTERSECTION LA YOUT CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 02-16-2006 ~ -- - - ~ AN ORDINANCE ABANDONING AND VACATING A PARCEL OF UNIMPROVED STREET RIGHT-OF-WAY CONTAINING 4,169.05 SQUARE FEET OUT OF LOT 1, BLOCK 1, AIRLINE UNIT 4 SUBDIVISION, LOCATED ON THE EAST CORNER OF THE WOOLDRIDGE ROAD AND AIRLINE ROAD INTERSECTION, IN CONNECTION WITH THE WOOLDRIDGE ROAD STREET IMPROVEMENT PROJECT, PHASE 2-AIRLlNE TO ROOD FIELD, PROJECT 6266 (BOND 2004). WHEREAS, there is 4,169.05-square toot portion ot an unimproved street right-ot-way out of lot 1, Block 1, Airline Unit 4 Subdivision, as recorded in the Map Records, Nueces County, Texas, and located at the east comer of the Wooldridge Road and Airline Road intersection that is not needed for the Wooldridge Road Street Improvement Project, Phase 2-Airline to Rodd Field, Project 6266 (Bond 2004) or tor other municipal purpose, that the City desires to abandon and vacate; and WHEREAS, it has been determined that it is teasible and advantageous to the City of Corpus Christi to abandon and vacate said portion of the unimproved street right-ot-way for all purposes, subject to the provisions below. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. That the 4,169.05-square toot portion of an unimproved street right-of-way out of lot 1, Block 1, Airline Unit 4 subdivision, as recorded in the Map Records, Nueces County, Texas, and located at the east comer of the Wooldridge Road and Airline Road intersection is abandoned and vacated tor public use as street right-ot-way, subject to Owner's compliance with the following specified conditions as part ot the abandonment and vacation: 1. Fair market value is waived because Owner will be dedicating a utility easement of greater value to off-set the proposed vacation and abandonment of the easement. 2. Upon approval from Council and ordinance issued, all grants of easement closures must be recorded at Owner's expense in the real property records of Nueces County, Texas. Prior to Building Permit approval ot 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 specitied conditions ot the ordinance within 180 days of Council approval; however, the Director of Development Services may extend the time limit for an additional 180 days it extenuating circumstances outside the Owner's control necessitate an extension. H:\LEG-DIR\garyws\garyws\agenda\2006\02-21 \ORD-AirlineLlB l-av.doc That the foregoing ordinance was read for the first time and passed to its second reading on this the .2.J Sf day of ~, 2006, by the following vote: Henry Garrett + Rex A. Kinnison ~ ~ John Marez ~ Jesse Noyola ~ 7' Brent Chesney Melody Cooper Mark Scott Jerry Garcia Bill Kelly ~ That the foregoing ordinance was read for the second time and passed finally on this the ___ day of ,2006 by the following vote: Henry Garrett Rex A. Kinnison Brent Chesney John Marez Melody Cooper Jesse Noyola Jerry Garcia Mark Scott Bill Kelly PASSED AND APPROVED, this the day of ,2006. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Henry Garrett Mayor Approved: February 15, 2006 BY:~ ary . Smith Assistant City Attorney For City Attomey H:\LEG-DIR \garyws\garyws\agenda\2006\02-21 \ORD-AirlineLlB l-av.doc ORDINANCE DECLARING AS SURPLUS PROPERTY A PARCEL OF LAND CONTAINING 4,169.05 SQUARE FEET OUT OF LOT 1, BLOCK 1, AIRLINE UNIT 4 SUBDIVISION, LOCATED ON THE EAST CORNER OF THE WOOLDRIDGE ROAD AND AIRLINE ROAD INTERSECTION, IN CONNECTION WITH THE WOOLDRIDGE ROAD STREET IMPROVEMENT PROJECT, PHASE 2-AIRLlNE TO RODD FIELD, PROJECT 6266 (BOND 2004). BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. That the 4, 169.05-square foot parcel of unimproved street right-of-way out of Lot 1, Block 1, Airline Unit 4 Subdivision, as recorded in the Map Records, Nueces County, Texas, located at the east comer of the Wooldridge Road and Airline Road intersection, is declared surplus property, being a remainder from the Wooldridge Road Street Improvement Project, Phase 2-Airline to Rodd Field, Project 6266 (Bond 2004). H: \LEG-DIR \garyws\garyws\agenda \2006\02-2] \ORD-AirlineLI B] -SurPty.doc That the foregoing ordinance was read for the first time and passed to its second reading on this the ~I~ day of _f~_, 2006, by the following vote: Henry Garrett ~ Rex A. Kinnison ~ Brent Chesney ~ John Marez 4- 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 , 2006 by the following vote: Henry Garrett Rex A. Kinnison Brent Chesney John Marez Melody Cooper Jesse Noyola Jerry Garcia Mark Scott Bill Kelly PASSED AND APPROVED, this the day of ,2006. ATTEST: THE CITY OF CORPUS CHRISTI Henry Garrett Mayor Armando Chapa City Secretary Approved: February 15, 2006 By: -i:!t~r'}miIL a W. Smith Assistant City Attomey For City Attorney H:\LEG-DIR\garyws\garyws\agenda\2006\02-21 \ORD-AirlineLlB l-SurPty.doc AN ORDINANCE APPROVING THE CONVEYANCE OF A PARCEL OF SURPLUS PROPERTY CONTAINING 4,169.05 SQUARE FEET OUT OF LOT 1, BLOCK 1, AIRLINE UNIT 4 SUBDIVISION, LOCATED ON THE EAST CORNER OF THE WOOLDRIDGE ROAD AND AIRLINE ROAD INTERSECTION TO THE ADJACENT PROPERTY OWNER IN EXCHANGE FOR HIS/HER PERPETUAL MAINTENANCE OF THE PROPERTY AND AS CONSIDERATION FOR PARTIAL PAYMENT TOWARDS AN AEP ELECTRICAL EASEMENT REQUIRED FOR THE STREET WIDENING PROJECT, AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE SPECIAL WARRANTY DEEDS FOR THE PROPERTY. 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 authorized to convey a parcel of surplus property containing 4,169.05 square feet out of Lot 1, Slock 1, Airline Unit 4 Subdivision, as recorded in the Map Records of Nueces County, Texas, located on the east corner of the Wooldridge Road and Airline Road intersection, as shown on the attached Exhibit, as surplus property, and that the City Manager, or his designee, is authorized to execute a special warranty deed or quitclaim deed to the adjacent property owner in exchange for the perpetual maintenance of the property and as consideration for partial payment towards an AEP electrical easement required for the street widening project. H :\LEG-DIR \garyws\garyws\agenda \2006\02- 21 \ORD-AirlineLl B I-Sale.doc That the foregoing ordinance was read for the first time and passed to its second reading on this the ?J ~.r day of 1~, 2006, 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 .2006 by the following vote: Henry Garrett Rex A. Kinnison Brent Chesney John Marez Melody Cooper Jesse Noyola Jerry Garcia Mark Scott Bill Kelly PASSED AND APPROVED, this the ATTEST: day of ,2006. THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Henry Garrett Mayor Approved February 15, 2006 By: ~r<< ary . Smith Assistant City Attorney For the City Attorney H:\LEG-DIR\garyws\garyws\agenda\2006\02-21 \ORD-AirlineL 1 B I-Sale. doc 25 AGENDA MEMORANDUM February 21, 2006 SUBJECT: Wooldridge Road Street Imps., Phase 1, (Bond 2004) Disposition of Surplus Property (Bighamin, Shafinury) AGENDA ITEM: A. Public Hearing to consider abandoning and vacating a parcel of unimproved street right-of-way containing 3,452.70 square feet out of Lot 1, Block 3, Wooldridge Creek Unit 9 Subdivision, located on the northernmost comer of the Wooldridge Road and Airline Road intersection in connection with the Wooldridge Road Street Improvement Project, Phase 1 - S. Staples to Airline, Project 6267 (Bond 2004). B. Ordinance abandoning and vacating a parcel of unimproved street right-of-way containing 3,452.70 square feet out of Lot 1, Block 3, Wooldridge Creek Unit 9 Subdivision, located on the northernmost corner of the Wooldridge Road and Airline Road intersection in connection with the Wooldridge Road Street Improvement Project, Phase 1 - S. Staples to Airline, Project 6267 (Bond 2004). C. Ordinance declaring a parcel of land containing 3,452.70 square feet as surplus property out of Lot 1, Block 3, Wooldridge Creek Unit 9 Subdivision, located on the northernmost corner of the Wooldridge Road and Airline Road intersection in connection with the Wooldridge Road Street Improvement Project, Phase 1 - S. Staples to Airline, Project 6267 (Bond 2004). D. Ordinance approving the conveyance of a parcel of surplus property containing 3,452.70 square feet out of Lot 1, Block 3, Wooldridge Creek Unit 9 Subdivision, located on the northernmost corner of the Wooldridge Road and Airline Road intersection to the adjacent property owners in exchange for their perpetual maintenance of the property and as consideration for partial payment towards a AEP electrical easement required for the street widening project, and authorizing the City Manager or his designee to execute a Special Warranty Deed for the property and declaring an emergency. ISSUE: The Wooldridge Road Street Improvement project was approved by Bond Issue 2004, Proposition NO.1 Street Improvements on November 2,2004. At the intersection of Wooldridge and Airline, the project includes the reconstruction of a two-lane rural type roadway to a four-lane collector with a center left-turn lane and a right-turn lane for northbound traffic. It will also include new curb and gutter, sidewalks, driveways, lighting and drainage. Excess right of way was identified and is being considered to be conveyed to the adjoining property owners. City staff recommends conveying this parcel to the adjoining property owners at fair market value. To begin the process of conveyance, a public hearing will be held to abandon and vacate the parcel of right of way. Once the parcel is declared surplus property it will be conveyed to the adjacent landowners by Special Warranty Deed. REQUIRED COUNCIL ACTION: Public Hearing process and passage of the three ordinances as submitted. FUNDS: No funding required. RECOMMENDATION: Staff recommends the approval of the ordinances as presented. tv!;R ~~ .2-1/t/P~ A'el ~. Escobar, P. E. Director of Engineering Services Attachments: Exhibit A. Background Information Exhibit B. Council Exhibit (R.O.W. to Abandon & Vacate) Exhibit C. Council Exhibit (Intersection Layout) H:\HOME\EU5EBIOG\GEN\Agenda Items\Wooldridge Road 51. Imps., Phase 1\Agenda Memorandum.doc BACKGROUND INFORMATION SUBJECT: Wooldridge Road Street Imps., Phase 1, (Bond 2004) Disposition of Surplus Property (Bighamin, Shafinury) PRIOR COUNCIL ACTION: 1. 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 resident 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) FUTURE COUNCIL ACTION: Council approval will be required for engineering/consultant contracts, land acquisition contracts, construction contracts and amendments with expenditures exceeding $25,000. OVERVIEW: On November 2,2004, the Wooldridge Road Street Improvement project was approved by Bond Issue 2004, Proposition NO.1 Street Improvements. Phase 1 ofthis project involves the reconstruction and widening of Wooldridge Road from S. Staples to Airline Road, and Phase 2 from Airline Road to Rodd Field Road. The project includes the reconstruction of a two-lane rural type roadway to a four-lane collector with curb and gutter, sidewalks, driveways, lighting and drainage. Due to the realignment of Wooldridge Road there will be two strips of land located on both sides of the Airline Road and Wooldridge Road intersection which will not be needed for street improvements. The parcel located on the west side of Airline Road, as shown on the attached Exhibit B, will be conveyed to the adjacent property owners,Mostafa Bighamian and Morteza Shafinury A public hearing will first be held to formally abandon and vacate the parcel. It will then be declared as surplus property and conveyed to Mr. Bighamian and Mr. Shafinury at the fair market value of $6,041. The City will retain a Utility Easement on the entire parcel conveyed. The landowners will also be responsible for perpetual maintenance of the property. Due to the City's street widening of the intersection at Wooldridge and Airline, an AEP power pole (Structure No. 19) was required to be moved further in towards private property. As a result, a new amended AEP electrical easement was necessary from the landowners in order to meet the overhead line "blow-out" width requirements of the National Electrical Code and Public Utility Commission requirements. The City agreed to pay the cost of this amended easement with partial payment coming from the conveyance of the surplus property described above. The power pole (Structure No. 19) relocation is being funded by AEP. H:\HOME\EUSEBIOG\GEN\Agenda Items\Wooldridge Road St. Imps., Phase l\Background.doc EXHIBIT A lie ,MprOjec (\ ~ounc"exh,bj(s \exhD266, 626/b.dwg CORPUS CHRISTI BAY ~ N PARCEL LOCA TION FllI24# LOCA TION MAP NOT TO SCALE SUBJECT PROPERTY TO BE VACATED VICINITY MAP NOT TO SCALE CITY PROJECT No. 6266, 6267 EXHIBIT "B" WOOLDRIDGE RD. STREET IMPS., PH. 1 BOND 2004 R.O.W. TO VACA TE & ABANDON CITY COUNCIL EXHIBIT CITY OF CORPUS CHRIST/, TEXAS OEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 02-13-2006 ~ -- - - - - --~ t lie NOT TO SCALE CORPUS CHRISTI BAY ~ N INTERSECTION LoeA TlON MAP II ~ N I~ ~ - ..,.J ~ 'c:( INTERSECTION MAP NOT TO SCALE CITY PROJECT No. 6266, 6267 AIRLINE RD. & WOOLDRIDGE RD. INTERSECTION LA YOUr CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 10f1 DATE: 02-16-2006 ~ -- - - - - ~ AN ORDINANCE ABANDONING AND VACATING A PARCEL OF UNIMPROVED STREET RIGHT-OF-WAY CONTAINING 3,452.70 SQUARE FEET OUT OF LOT 1, BLOCK 3, WOOLDRIDGE CREEK UNIT 9 SUBDIVISION, LOCATED ON THE NORTHERNMOST CORNER OF THE WOOLDRIDGE ROAD AND AIRLINE ROAD INTERSECTION, IN CONNECTION WITH THE WOOLDRIDGE ROAD STREET IMPROVEMENT PROJECT, PHASE 1-50UTH STAPLES TO AIRLINE, PROJECT 6267 (BOND 2004). WHEREAS, there is 3,452.70-square foot portion ot an unimproved street right-ot-way out of Lot 1, Block 3, Wooldridge Creek Unit 9 Subdivision, as recorded in the Map Records, Nueces County, Texas, and located at the northernmost comer ot the Wooldridge Road and Airline Road intersection that is not needed for the Wooldridge Road Street Improvement Project, Phase 1-South Staples to Airline, Project 6267 (Bond 2004) or for other municipal purpose, that the City desires to abandon and vacate; and WHEREAS, it has been determined that it is feasible and advantageous to the City ot Corpus Christi to abandon and vacate said portion of the unimproved street right-ot-way for all purposes, subject to the provisions below. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. That the 3,452.70-square toot portion ot an unimproved street right-ot-way out of Lot 1, Block 3, Wooldridge Creek Unit 9 subdivision, as recorded in the Map Records, Nueces County, Texas, and located at the northernmost corner ot the Wooldridge Road and Airline Road intersection is abandoned and vacated tor public use as street right-of-way, subject to Owner's compliance with the following specitied conditions as part of the abandonment and vacation: 1. Fair market value is waived because Owner will be dedicating a utility easement of greater value to off-set the proposed vacation and abandonment of the easement. 2. Upon approval from Council and ordinance issued, all grants of easement closures must be recorded at Owner's expense in the real property records ot Nueces County, Texas. Prior to Building Permit approval of construction, an up- to-date survey, abstracted for all easements and items of record, must be submitted to the Director of Development Services. 3. Owner must comply with all the specified conditions of the ordinance within 180 days ot Council approval; however, the Director of Development Services may H:\LEG-DIR\garyws\garyws\agenda \2006\02- 21 \ORD- W ooldridgeCreekL 1 B3-av.doc extend the time limit for an additional 180 days if extenuating circumstances outside the Owner's control necessitate an extension. H :\LEG-DIR \garyws\garyws\agenda \2006\02-21 \ORD- W ooldridgeCreekL1B3-av.doc Jerry Garcia That the foregoing ordinance was read for the first time and passed to its second reading on this the a.( 5+' day of _f~, 2006, by the following vote: Rex A. Kinnison John Marez ~ Jesse Noyola ~ --::rr- Mark Scott -u- ~ Brent Chesney Melody Cooper Bill Kelly That the foregoing ordinance was read for the second time and passed finally on this the day of ,2006 by the following vote: Henry Garrett Rex A. Kinnison Brent Chesney John Marez Melody Cooper Jesse Noyola Jerry Garcia Mark Scott Bill Kelly PASSED AND APPROVED, this the ATTEST: day of ,2006. THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Henry Garrett Mayor Approved: February 15, 2006 BY:~) . ary . Smith Assistant City Attorney For City Attorney H:\LEG-DIR \garyws\garyws\agenda \2006\02-21 \ORD- W ooldridgeCreekLIB3-av.doc ORDINANCE DECLARING AS SURPLUS PROPERTY A PARCEL OF LAND CONTAINING 3,452.70 SQUARE FEET OUT OF LOT 1, BLOCK 3, WOOLDRIDGE CREEK UNIT 9 SUBDIVISION, LOCATED ON THE NORTHERNMOST CORNER OF THE WOOLDRIDGE ROAD AND AIRLINE ROAD INTERSECTION, IN CONNECTION WITH THE WOOLDRIDGE ROAD STREET IMPROVEMENT PROJECT, PHASE 1-50UTH STAPLES TO AIRLINE, PROJECT 6267 (BOND 2004). BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. That the 3,452.70-square foot parcel of unimproved street right-of-way out of Lot 1, Block 3, Wooldridge Creek Unit 9 Subdivision, as recorded in the Map Records, Nueces County, Texas, located at the northemmost comer of the Wooldridge Road and Airline Road intersection, is declared surplus property, being a remainder from the Wooldridge Road Street Improvement Project, Phase 1-South Staples to Airline, Project 6267 (Bond 2004). H:\LEG-DIR\garyws\garyws\agenda\2006\02-21 \ORD- Wooldridge Creek LlB3-SurPty.doc Brent Chesney ~ ~ ~ John Marez Jerry Garcia Mark Scott ~ ~ ~ Melody Cooper Jesse Noyola Bill Kelly That the foregoing ordinance was read for the second time and passed finally on this the day of ,2006 by the following vote: Henry Garrett Rex A. Kinnison Brent Chesney John Marez Melody Cooper Jesse Noyola Jerry Garcia Mark Scott Bill Kelly PASSED AND APPROVED, this the ATTEST: day of ,2006. THE CITY OF CORPUS CHRISTI Henry Garrett Mayor Armando Chapa City Secretary Approved: February 15, 2006 BY:~ . ary . Smith Assistant City Attorney For City Attorney H: \LEG-DIR \garyws\garyws\agenda \2006\02-21 \ORD- W oo1dridge Creek L1 B3-SurPty.doc AN ORDINANCE APPROVING THE CONVEYANCE OF A PARCEL OF SURPLUS PROPERTY CONTAINING 3,452.70 SQUARE FEET OUT OF LOT 1, BLOCK 3, WOOLDRIDGE CREEK UNIT 9 SUBDIVISION, LOCATED ON THE NORTHERMOST CORNER OF THE WOOLDRIDGE ROAD AND AIRLINE ROAD INTERSECTION TO THE ADJACENT PROPERTY OWNER IN EXCHANGE FOR HIS/HER PERPETUAL MAINTENANCE OF THE PROPERTY AND AS CONSIDERATION FOR PARTIAL PAYMENT TOWARDS AN AEP ELECTRICAL EASEMENT REQUIRED FOR THE STREET WIDENING PROJECT, AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE SPECIAL WARRANTY DEEDS FOR THE PROPERTY. 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 authorized to convey a parcel of surplus property containing 3.452.70 square feet out of Lot 1, Block 3, Wooldridge Creek Unit 9 Subdivision, as recorded in the Map Records of Nueces County, Texas, located on the northernmost comer of the Wooldridge Road and Airline Road intersection, as shown on the attached Exhibit, as surplus property, and that the City Manager, or his designee, is authorized to execute a special warranty deed or quitclaim deed to the adjacent property owner in exchange for the perpetual maintenance of the property and as consideration for partial payment towards an AEP electrical easement required for the street widening project. H: \LEG-DIR \garyws\garyws\agenda \2006\02-2 I \ORD- W ooldridgeCreekL IB3-Sale.doc That the foregoing ordinance was read for the first time and passed to its second reading on this the ~15+day of Y~, 2006, by the following vote: ~ + Henry Garrett 4 ~( ~ Brent Chesney Melody Cooper Jerry Garcia Bill Kelly Rex A. Kinnison John Marez Jesse Noyola Mark Scott That the foregoing ordinance was read for the second time and passed finally on this the __ day of , 2006 by the following vote: Henry Garrett Brent Chesney Melody Cooper Jerry Garcia Bill Kelly PASSED AND APPROVED, this the ATTEST: Armando Chapa City Secretary Approved February 15, 2006 BY:~ ry . Smith Assistant City Attorney For the City Attorney Rex A. Kinnison John Marez Jesse Noyola Mark Scott day of ,2006. THE CITY OF CORPUS CHRISTI Henry Garrett Mayor H:\LEG-DIR \garyws\garyws\agenda\2006\02- 21 \ORD- W ooldridgeCreekL1B3-Sale.doc 26 AGENDA MEMORANDUM PUBLIC HEARING - ZONING (City ('ouncd ActIon Date: 2/28/06) Case No. OlO6-04-Harn Womble: A zoning change from "A-I" Apartment House District to an "AB" Professional Office District resulting in a change ofland use from medium density residential to office space. The property is located at the South End W 2/3 rds ofWI2 of Lot 2Q, Block 2, located north of South Staples Street and South of South Tancahua Street Plaanint! Commission and Staff's Recommendation (1125/06): Approval of an "AB" Professional Office District Requested Council Action: Approval of an "AB" Professional Office District. PurpOse of Request: Development of an office building Summar\' : · Proposed Development: The applIcant mtends to move a 1,800 sq. ft., two story home from LouiSiana A venue to the subject parcel. His intended use for the house will be to divide the home in half and create office space for either medical or law professions on the bottom floor and a residence for himself on the top floor. The subject parcel is large enough to accommodate the parking, open space, and landscape requirements that are needed under the "AB" zoning district. · Transportation: The subject parcells a comer lot With direct access to Park Avenue and 5th Street, both local streets. Park Avenue intersects with South Tancahua Street 200 feet east of the subject property. South Tancahua Street is a collector street with two south bound lanes with an average daily trip count of 5,350 Park A venue also intersects South Staples Street 800 feet west of the subject property. South Staples Street is an arterial street with an average daily trip count of 11,040. Local streets are deSigned to handle less than 1,000 average daily vehicle trips, Currently, traffic on Park Street IS approaching 2,000 trips per day. [he amount oftnps generated from the proposed development will be less than the number of trips generated from a fully developed "A-l" property. It IS estimated that the proposed development will have 20 a,d.t. \vith minimal impact on Park Avenue. · Comprehensive Plan and Land Use Compatibility: The "AB" Professional Office district encourages hIgh quality business development with limited signage. Low density office uses are compatible with residential uses in terms of hours of operation, noise and other affects associated with the office use. Landscaping: The City's landscaping requirements will apply to any new development on the subject property, includmg a five foot wide landscape screen of vehicular use areas adjacent to public streets and a minimum of 15% of the total street yard devoted to landscaping. Recommendation: Approval of an "AB" Professional Office District .-\genda Memorandum Case No 0106-04 (Harry Wombk I Page 2 AppUcant's Position: The applIcant is in agreement with recommendation. Notification: Of the nineteen (19) notices mailed to the surrounding property owners, one (1) was returned in favor and zero (0) received in opposition. The 20% rule is not invoked. This case is considered noncontroversial. 40 Michae Assistan nning, A~~ 'r fY\~ irector of Development Services MGIFGM!als Attachments: 1 ) Zoning Report 2) Planning CommissIOn Minutes 3) Ordinance H\P I.N-D IR\S HARED\Gai 1\ WO RD\A GEN DM FM\20()6January\O] 06-04 A(jENDAMEMO.doc CITY COUNCIL ZONING REPORT (Revised 1/20/06) Case No.: 0106-04 Planning Commission Hearing Date: January 25,2006 c o ~; C. ... .- = ... ~ CJ CJ fI'l .- ~ Q.~ c.- ~ ~ ~ , - I Applicant: Hany Womble I Owner: Same as applicant i Agent: Same as applicant : Legal Description/Location: Being .330 acres out of South End Addition, the westerly 100 feet of the original lot 2, block 2, generally located at the southwest corner of Park Street and Fifth Street t>Jlt; = ~ .- = = 0'" o ~ N~ From: "A-I" Apartment House District To: "AB" Professional Office District . Area: .330 acres l Purpose of Request: Development of an office building. "0 ,----- -....-.-----,- = Zoning Existing Land Use Future Land Use ~ ,.---- ----'- -..- --"'''-,- - Site "A,-I" Apartment House Vacant Low Density Residential "0 DIstrIct = ---.---..---- - ~ North "A-I" Apartment House Park Park t>Jl fI'l i District = ~ .- fI'l i South = ;J "A-I" Apartment House Vacant Low Density Residential 0 N DIstrIct QJj ---_..-.~ -~~-_. .._--_.~~-- -~--_._.~ = East "A-I" Apartment House Medium Density Medium Density .- ... Dlstnct Residential Residential fI'l .~ ---..------- ~ West "A-I ., Apartment House Low Density Residential Low Density Residential DIstnct ~ fI'l c.= ~ 0 ~~ ==.~ ~> ~ Area Development Plan: South Central ADP: The "AB" District is not consistent with the adopted South Central Area Development Plan future land use map. However, with an existing "AB" District property in proximity, an "AB" District could be supported. Map No.: 045043,045044 Zoning Violations: None Olllllg Report ('ase No. (1106-04 \Harry Womble) Page 2 · Proposed Development: The applicant intends to move a 1,800 sq. ft., two story home from Louisiana A \enue to the subject parccl. His intended use for the house will be to divide the home m half and create offIce space for eIther medical or law professions on the bottom floor and a resIdence for himself on the top floor. The subject parcel is large enough to accommodate the parkmg, open space, and landscape requirements that are needed under the "'AB" zoning distnct. ~ - ~ e e = rJJ. '" = ~ - rJJ. · Transportation: The subject parcells a corner lot with direct access to Park Avenue and 5th Street, both local streets. Park A venue intersects with South Tancahua Street 200 feet east of the subject property. South Tancahua Street is a collector street with two south bound lanes with an average daily trip count of 5,350. Park A venue also intersects South Staples Street 800 feet west of the subject property. South Staples Street is an arterial street with an average daily trip count of 11,040. Local streets are designed to handle less than 1,000 average daily vehicle trips, Currently, traffic on Park Street IS approaching 2,000 trips per day The amount of trips generated from the proposed development will be less than the number of tflpS generated from a fully developed "A-I" property. It is estimated that the proposed development will have 20 a.d.t. with minimal impact on Park Avenue. · Comprehensive Plan and Land Use Compatibility: The "AB" Professional Office district encourages hIgh quality business development with limited signage. Low density office uses are compatible with residential uses in terms of hours of operation, noise and other affects associated with the office use. · Landscaping: The CIty'S landscaping requirements will apply to any new development on the subject property, including a five foot wide landscape screen of vehicular use areas adjacent to public streets and a minimum of 15% of the total street yard devoted to landscapmg. ~ o ~ ----------. ~"T Street ~_~J Park A venue l 5th Street ---- ~-~ t South Tancahua St~~fsew ---..- Type Existing Paved Volume (2001) Section Collector 50' ROW with 30' 1,930 a.d. t. paved section. Residential 50' ROW with 25' Not Available paved section. Secondary Collector 65' ROW with 50' 5,350 a.d.t. I paved section. ~ ._~-,. _._. -- ~--_.,._._--_...-~ --- - QJ QJ - - rJJ. i --.J lOlling Repurt ['ase No. 0106-04 (Harry Womble) Page 3 '" - = c: E A plat has been ~LlbmItted for approval and will be on the January 25th agenda. rF! · The large lot ( 13,000 sq. ft.) offers plenty of space for the applicant to meet all parking, == :; landscapmg. and open space requirements of the "A8" zoning district. E f: · TrIp gen<:ratIon for thc subject property wll] be less than a fully developed "A-I" property - e and have mllllmal Impact on Park Avenue. ; e l:l. Q · The "AB" zonmg will allow a mixed used development that could spark revitalization ~ U into the surrounding neighborhood. = Q '': eo: "0 = ~ e e Approval of the "/\B" Professional Office District. Q ~ ~ = eo: - rF! = Q =::: t)J).~ ~ .5 ~ = = ..... ~ = e e Approval of the" :'\13" Professional Office District. .p.ee - Q Q U ~ ~ 0:: '" """0 = ~ ~ > S 'Q:i e C.J Q ~ UlX H:\PI.N-DIR\SHARED GAil \WORD ZONRPTS 2006'January\OI 06-04CCREPORT.doc ; 1'; \ , .L-L--- r--\" \ \ !, 0 2-A \ -~ led ~- . I I 3-C \ A i · 0 I , --L 3jl -.- ~- E ~--' , - \ \ I-YI \ u \ \ J \ \- 3-A .--l t - L - V 0 ---< (f) 3-8 ---- H - - --. -' 3-C - M (f) J 8 - J d - H N -I 3-D U1 - ">" 0'\ -( - \ ,- -0- -( r 4-8 K -...I X J K - rn -( J -X 5-A 5-0 _(f) X ~ ~ M ~ -(- M (f) 5-A -~ -( L I-~ L ---i - . -" -( . j .- 5-C i 5-B . -r \ ~ COLEMAN ST \ 5 3 - r1 ~ 1 .---1 5 3 2 < 4 ,-u 1 L 1 6 5 ~ 6 ~ ~. \ D~D r' 7-e 6 5 4 " 1 1 k.. t::...o: ~ t- Sp i I--- I '.',F.." 5 SUBJECT PARCEL (f) -I )> Z o )> I C }> (f) -I " L 14DEC05/HK Case No. Z0106-04 Notice Map !11tfUWI.'~" MID"U~l,.1.'I' ., ;J.~~1rii.; . F.R Farm Rural District A.1 Apartment House District B.1 Neighborhood Business District RE Residential Estate District A.1A Apartment House District B.1A Neighborhood Business District RA One Family Dwelling District A.2 Apartment House District B.2A Barrier Island Business District G I Si R.1A One Family Dwelling District AT Apartment- Tourist District B.2 Bayfront Business District Team R.1B One Family Dwelling District AS Professional Office District BD Corpus Christi Beach Design Dist. Aj,'yr R-1C One Family Dwelling District B.3 Business District R.TH Townhouse Dwelling District 1.1 Limited Industrial District B.4 General Business District ~ R.2 Multiple Dwelling District 1-2 Light Industrial District B.5 Primary Business District T.1A Travel Trailer Park District 1-3 Heavy Industrial District B.6 Primary Business Core District T.18 Manufactured Home Park Dist. SP Special Permit NORTH T-1C Manufactured Horne HC Historical.Cultural Landmark 0 100 200 Subdivision District PUD Planned Unit Development Preservation I Feet MINUTES REGULAR PLANNING COMMISSION MEETING Council Chambers- City Hall Wednesday - January 25. 2006 Tabled Zoning b. 0106-04 Harry Womble: "A-I" Apartment House District to an "AB"_Professional Office District___~_ South End W 2/3 Rds ofW/2 of Lot 2Q Block 2, located north of South Staples Street and South of South Tancahua Street. Mr Dan McGInn presented the above case that was tabled from the January 11, 2006 Planning CommIssIon meeting due to an inability to contact the applicant and obtain additional information regarding the rezonIng. Since the last meetIng, communication and review of the project has been made. His plan for the project IS to move an eXisting structure from Louisiana Avenue to the subject property with office space developed for the first floor and a residence on the second floor. A preliminary site plan has been submitted and the applicant is awaiting approval of plat. The lot is 13,000 square feet which is large enough to accommodate parking, landscaping and open spaces needed. The trips generated will be less than a fully developed" A-I" property which was a prior concern and may provide a entryway of future development for the area. Staff recommends approval. Ms. Holly stated that the applicant wIll need to come mto compliance with the commercial standards such as wiring, etc., once the house is moved. In answer to Commissioner Zamora's question, the structure size is 45' by 21' and Mr. Womble owns the adjoining lot. In answer to CommIssioner Pusley's question, Ms. Holly stated that the proposed driveway could not be shared with the neighboring residentIal lot. V Ice-Chaimlan Garza stated that the lots are not extremely large and did not feel there was not a potential concern for apartment use. Public hearing was opened. There was no one in favor or opposition. Public hearing was closed. Harry Womble, 72] Park A venue, Corpus Christi Texas stated that he was available for any questions. As far as driveway concerns, I am willing to work with the City and the residential area as to the most advantageous entry and exit points. Commissioner Pusley stated that one option might be a special permit tied to the property. Planning CommiSSIOn MInules Case No 0106-04 (H~m\ Wombk Page 2 Public heanng was closed. Motion for approval was made by Vice-Chairman Garza and seconded by Commissioner Braselton. Mohon passed unanimously with Commissioner Zamora abstaining and Commissioner Salazar being absent H:\PLN-DIR \S HARED\GAl L \ WORI hAGEN DM EM\2006\I anuary\O 1 06-04Minules Excerpt.doc Page 1 of 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY .HARRY- WOMBLE, SY.....CRAlrotNG THE--ZONrNG~MAP-IN-.-- REFERENCE TO 0.330 ACRES OUT OF THE SOUTH END W 2/3 RDS OF W/2 OF LOT 2Q, BLOCK 2, FROM "A-1" APARTMENT HOUSE DISTRICT TO "AB" PROFESSIONAL OFFICE 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 Harry Womble, 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, January 11, 2006 and January 25, 2006, during a meeting of the Planning Commission, and on Tuesday, February 28, 2006 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 0.330 acres out of the South End W 2/3 Rds of W/2 of lot 20, Block 2, located along Park Avenue between South Staples Street and South T ancahua Street from "A-1" Apartment House District to "AB" Professional Office District. (Map 045044, 045043)(Exhibit) SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this ordinance. SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1937, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. SECTION 4. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. H:\LEG-DI R\garyws\garyws\agenda\2006\02-28\01 06-04RegularZoning Womble AS.doc Page 2 of J SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTIONO:-Th-al PUoliCalionsnatf1:>Ef mad€fTnffie- 6fficiaTpUbllcalf6nOflffeCifyof 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 28th day of February, 2006. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Henry Garrett Mayor, The City of Corpus Christi APPROVED: February 22, 2006 !);rJwtJ5rrtdA~ Gary . Smith Assistant City Attorney For City Attorney H:\LEG-DIR\garyws\garyws\agenda\2006\02-28\0106-04RegularZoning Womble AB.1.doc Page 3 of :; Corpus Christi , Texas day of ,2006 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 Marez William Kelly Jesse Noyola Rex Kinnison Melody Cooper Mark Scott H:\LEG-DIRIgaryws\garyws\agenda\2006\02-28101 06-04RegularZoning Womble AB.1.doc ~ '1l'..mi ' ~-f"'~""'i <" c -' . ::' ~ \/) V r- c: () 0 y -., -f1 . ~ r- ~~~G~I ~, .--1 nl l::J~..., r" );"r-t), 0'9.... 9~>- :::i~Cj a' -.~ ~ ,-. .' :: . 7'1\ I 1/'! 1 NO:. ,v:,,,', '" j. ; v- a:, ... >-- --. '-"-' <::0 :;: l' 1J..... ~..2 ~ ~::;, :. -- :l:"....,. 0; ,-j v- Co .... <-- ~'32"/:.!:~~F ,~'; . ( if r'l '" II.J r I I -------- ---.. -_. Cf:, ':/' I Lot 10: Rezoned &om .. A-I" to .. AB~ -; ,.1 '0 " . .~ ... . ~ . " " ,. . .,,1. (Exhibit A): Zoning Case No. 0106-04 HOc!.::! .:( I i I . -, . j i i "- - "-, ;;. l..:-. ,.,.~ ,- '-. . .' ..1 " ;iiiA. '.~i ...... . HdC; L : g 90C;- L C;-C; 27 AGENDA MEMORANDUM PUBLIC HEARING - ZONING (City Council ActIon Date: 2/28/06) Case No. 0106-07-K C Corpus Partners L.P.: A zoning change from "B-IA" Neighborhood Business DIstrict to a "B-1" Neighborhood Business District (provides for limIted neighborhood uses) to a Neighborhood Business District (provides for expanded neighborhood uses). The property is at Northwest Estates Addition. Block I O. Lot 1. located at the northeast intersection of Northwest Boulevard and Pinnacle Drive. Plannin2: Commission and Staff's Recommendation (1/25/06): "B-1" Neighborhood Business District be approved along the front portion of the subject property and denial of the "B-1" Neighborhood Business District along the rear 50 feet of the subject property. Requested Council Action: "B-1" Neighborhood Business District be approved along the front portion of the subject property and denial of the "B-1" Neighborhood Business District along the rear 50 feet of the subject property. Purpose of Request: To allow for mixed retail/office uses, including restaurant. Summan: . The applicant is requesting a change of zoning to a "B-1" Neighborhood Business District, in order to allow for expanded business uses not allowed in the "B-1A" Neighborhood Business District ie. restaurant and unspecified large retail. . The subject propelty is bordered by Northwest Boulevard on the south, Pinnacle Drive on the west. River Hill Drive on the east. . An "R-1 B" District developed with single- family residences is located north of the subject property. To the east across River Hill Dr. is a "B-4" District adjacent to "AB" District along FM 624. A "B-1 A" District is west of the subject property that abuts a residential area to the north. . The "B-1" Neighborhood Business District would provide for undesirable uses adjacent to single-family residential development ie. restaurants (associated food and garbage smells) and fueling stations (associated heavy lighting into the residential area, truck fueling noise and 24 hour operation). . A "B-1 A" Neighborhood Business District was adopted in 2000 to allow for commercial development uses that would have limited undesirable impact to adjacent single-family development. Such limited commercial uses are required to locate the delivery and loading areas for the business fifty (50) feet from the property line of the abutting residential district -\genda Memorandum Case No 0106-07 (K C Corpus Partners, LP) Page 2 · Additionally, an increase in landscaping is required in the "B-1 A" District when adjacent to a single-family residential district. Planting of canopy trees 30' on center with a minimum caliper of2" along and inside the required rear setback, but not within a utility easement is required in the "B-1 A" District. · The subject property was denied a change of zoning to a "B-4" General Business District in 2001 and approved by City Council for a "B-1 A" Neighborhood Business District. Recommendation: "B-1" Neighborhood Business District be approved along the front portion of the subject property and denial of the "B-1" Neighborhood Business District along the rear 50 feet of the subject property. Applicant's Position: The applicant is in agreement with recommendation. Notification: Of the twenty-eight (28) notices mailed to the surrounding property owners, one (1) were returned in favor and zero (0) received in opposition. The 20% rule is not invoked. This case is considered noncontroversial, but may have neighborhood discussion to ensure that the 50 foot buffer next to the residential area is maintained. ~a::tI~;7^~ t^IY1~ Assistant Director of Development Services MG/FGM/als Attachments: 1 ) Zoning Report 2) Planning Commission Minutes 3) Ordinance HUP LN -0 IR'8 HAREDlGai I\WO RD AGEN DM E M\2006 'd anuary\O] 06-07 A GEND AM EM 0 .doc CITY COUNCIL ZONING REPORT Case No.: 0106-07 Planning Commission Hearing Date: January 25, 2006 I Applicant: K.C. Corpus Partners, L. P. ~ ~ I Owner: Steven R. Troy i 'i 'g, I Agent: Kathy Hogan .S:! ~'i: Property Area: Northwest Estates Addition, Block 10, Lot 1, located at the northeast i..J ~! intersection of Northwest Boulevard and Pinnacle Drive ~ Q ~ fIl c..= ~ 0 :;~ ~:s Q> < ..... .." Q; = 0" ~ ~ Cl .... Cl o N I From: "B-1 A" Neighborhood Business District (limited business uses) I To: "B-1" Neighborhood Business District (expanded business uses) I Area: 3.95 acres I Purpose of Request: To allow for mixed retail/office uses, including restaurant. I .." Q; .." ;;;J "'0 Cl = ..J "'0 Cl = ~ = .... = o N bti = .... ..... fIl .... ~ ~ " ---"--_..--.--~.._.~- , Zoning Existing Land Use Future Land Use _.. Site "B-1 A" Neighborhood Undeveloped lot Commercial Business District (limited ; business uses) ! North "R-1B" One-family One-family residential Low-density residential Dwelling District subdivision I South "B-4" General Business Undeveloped land, Commercial District restaurant and retail use . East "B-4" General Business Future Restaurant Commercial District West "B-1 A" Neighborhood Undeveloped lot Neighborhood business Business District (limited uses (limited business business uses) -.. uses) I I i Area Development Plan: Northwest Area Development Plan (NW ADP) - The future I land use map supports a commercial professional office and multi-family development i on the subject property. ! Map: 068051 I Zoning Violations: None Zonmg Report Case No. 0106-07 (KC CDrplh Partner;." LP ) Page 2 ;;... l... ~ 8 8 = rJ), '" ~ ~ - rJ), . The applicant is requesting a change of zoning to a "B-1" Neighborhood Business District, in order to allow for expanded business uses not allowed in the "B-1 A" Neighborhood Business District ie. restaurant and unspecified large retail. . The subject property is bordered by Northwest Boulevard on the south, Pinnacle Drive on the west, River Hill Drive on the east. . An "R-I Bn District developed with single-family residences is located north of the subject property. To the east across River Hill Dr. is a "B-4" District adjacent to "AB" District along FM 624, A "B-IAn District is west of the subject property that abuts a residential area to the north. . The "B-1" Neighborhood Business District would provide for undesirable uses adjacent to single-family residential development ie. restaurants (associated food and garbage smells) and fueling stations (associated heavy lighting into the residential area, truck fueling noise and 24 hour operation). . A "B-1 An Neighborhood Business District was adopted in 2000 to allow for commercial development uses that would have limited undesirable impact to adjacent single-family development. Such limited commercial uses are required to locate the delivery and loading areas for the business fifty (50) feet from the property line of the abutting residential district. . Additionally, an increase in landscaping is required in the "B-IA" District when adjacent to a single-family residential district. Planting of canopy trees 30' on center with a minimum caliper of 2" along and inside the required rear setback, but not within a utility easement is required in the "B-1 A" District. . The subject property was denied a change of zoning to a "B-4" General Business District m 2001 and approved by City Council for a "B-IA" Neighborhood Business District. Street I , Type Paved Section Volume I (2001) Arterial 120' R.O.W, wi 76' 24,410 a.d,t. pavement and center turning lane Local 60' R.O.W, wi 40' Bk. to Not available bk. Pavement ~~ ------ Local 60' R.O,W, wi 40' Bk. to 820 a,d.1. -- --_._-_.__._~~~_. bk. pavement - ~ Northwest Boulevard o ~ .... Cl.l Cl.l l... .... rJ), Pinnacle Drive River Hill Drive Zoning Report Case No. 0106-07 (K.C. Corpus Partners, LP) Page 3 '" - = el: _ =:;:.;:: rJ"J. The subject property is platted. - = '" Cl.l - 8 f - 8 ; 8 0.0 QW The subject property was denied a change of zoning to a "B-4" General Business District in 2001 and approved by City Council for a "B-1 A" Neighborhood Business District. I I I =! = ~ I .... 0 ell -.. "0 I .~ .; ~ '1' Motion for approval of a "B-1" District along the frontage of the property and denial ofthe ~ m m I "B-1" District. ~ 0 0' U CJ' Cl.l ' ~j I I Number of Notices Mailed: i Favor: 0 Opposition: 0 (As of January 17. 2006) = .~ - el: "C l::: = el: Cl.l - 5 rJ"J. 8 o ~ Cl.l ~ <Il -"C = Cl.l Cl.l ~ 8 .- S ~ o Cl.l W~ Ii Motion for approval of a "B-1" District along the frontage of the property and denial of the "B-1" District. I I 28 Attachment: Zoning Map H' \p LN-DIR\S HARED'GAILI WORD lONRPTS\2006\JanuaryIO 1 06-07CCR FPORTdoc I i 5- -f- 14 -- 4 ~_ "\ '.' ::.-- - -> ) REAGAN DRIVE -; J UJ ::::. '--., 0:: a IJ) _--1 o :r- u - < R- 2-- -, --f- ] ! 18 12 13 1 9 B-1A FR 3 NUECES RIVER IRRI ATION PARK 8-4 09JAN06/HK F-R Farm Rural District RE Residential Estate District RA One Family Dwelling District R-1A One Family Dwelling District R-1 B One Family Dwelling District R-1C One Family Dwelling District R-TH Townhouse Dwelling District R-2 Multiple Dwelling District T-1A Travel Trailer Park District T-1B Manufactured Home Park Dist T-1C Manufactured Home Subdivision District 3 FR Case No. Z0106-07 Notice Map A.l Apartment House District A-1A Apartment House District A.2 Apartment House District A T Apartment-Tourist District AB Professional Office District 1-1 Limited Industrial District 1-2 Light Industrial District 1-3 Heavy Industrial District SP Special Permit PUD Planned Unit Development B-1 Neighborhood Business District B-1A Neighborhood Business District B.2A Barrier Island Business District B-2 Bayfront Business District BD Corpus Christi Beach Design Dis!. B-3 Business District B.4 General Business District B.5 Primary Business District B-6 Primary Business Core District He Historical.Cultural Landmark Preservation 11 NUECES RIVER 1~~.~^-rI~"1 PARKANNEX 8-4 NORTHWEST BOULEVARD 2 ,-JJ Gl ~. it' Team ,~" ~ 'T .. NORTH 0 100 200 I Feet STA TE OF TEXAS, COUNTY OF NUECES f(o<,~ B- , FIELD NOTES FOR A 3.18 ACRE TRACT OUT OF LOT 1, BLOCK 10, NORTHWEST ESTATES, VOLUME 52, PAGES 55-56, MAP RECORDS OF NUECES COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING AT A 5/8" IRON ROD FOUND AT THE NORTHWEST CORNER OF LOT 1, BLOCK 10, NORTHWEST ESTATES, VOLUME 52, PAGES 55-56, MAP RECORDS OF NUECES COUNTY, TEXAS; THENCE, S 06014'39" W, ALONG THE EAST RIGHT-OF-WAY LINE OF PINNACLE DRIVE, A DISTANCE OF 50.00 FEET TO THE POINT OF BEGINNING; THENCE, S 83045'21" E, A DISTANCE OF 585.79 FEET TO A 5/8" IRON ROD SET FOR AN EXTERIOR CORNER OF THIS TRACT; THENCE, S 43029'21" E, A DISTANCE OF 66.12 FEET TO A 5/8" IRON ROD SET AT THE NORTHWEST RIGHT-OF-WAY LINE OF RIVER HILL DRIVE, FOR THE NORTHEAST CORNER OF THIS TRACT; THENCE, ALONG THE NORTHWEST RIGHT-OF-WAY LINE OF RIVER HILL DRIVE, FOLLOWING A CURVE WITH A RADIDS OF 330.00 FEET AND A LENGTH OF 181.74 FEET TO A 5/8" IRON ROD FOUND FOR AN EXTERIOR CORNER OF THIS TRACT; THENCE, FOLLOWING A CURVE WITH A RADIDS OF 14.21 FEET AND A LENGTH OF 22.30 FEET TO A 518" IRON ROD FOUND AT THE NORTH RIGHT-OF- WAY LINE OF F.M. 624, FOR AN EXTERIOR CORNER OF THIS TRACT; THENCE, N 83048'59" W, ALONGTHE NORTH RIGHT-OF-WAY LINE OF SAID F.M. 624, A DISTANCE OF 559.12 FEET TO A 5/8" IRON ROD FOUND AT THE NORTH RIGHT-OF-WAY LINE OF F.M. 624, FOR AN EXTERIOR CORNER OF THIS TRACT; THENCE, FOLLOWING A CURVE WITH A RADIDS OF 14.12 FEET AND A LENGTH OF 22.19 FEET TO A 5/8" IRON ROD FOUND AT THE EAST RIGHT-OF- WAY LINE OF PINNACLE DRIVE, FOR AN EXTERIOR CORNER OF THIS TRACT; CA~ 0 I O~OI- fee I THENCE, N 06014'39" E, ALONG EAST RIGHT-OF-WAY LINE OF PINNACLE DRIVE, A DISTANCE OF 216.10 FEET TO THE POINT OF BEGINNING, CONTAINING 18 CRES MORE OR LESS. :)- STATE OF TEXAS, COUNTY OF NUECES I ~O 5-+fip 8 -lA , FIELD NOTES FOR A 0.77 ACRE TRACT OUT OF LOT 1, BLOCK 10, NORTHWEST ESTATES, VOLUME 52, PAGES 55-56, MAP RECORDS OF NUECES COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLWWS: BEGINNING AT A 5/8" IRON ROD FOUND AT THE NORTHWEST CORNER OF LOT 1, BLOCK 10, NORTHWEST ESTATES, VOLUME 52, PAGES 55-56, MAP RECORDS OF NUECES COUNTY, TEXAS; THENCE, S 83045'21" E, ALONG THE SOUTH LINE OF LOTS 1,2,3,4,5, AND 6, BLOCK 8 OF SAID NORHlWEST ESTATES, A DISTANCE OF 604.12 FEET TO A 5/8" IRON ROD FOUND FOR AN EXTERIOR CORNER OF THIS TRACT; THENCE, S 43029'21" E, ALONG THE SOUTH LINE OF LOT 10, BLOCK 8 OF SAID NORHlWEST ESTATES, A DISTANCE OF 80.64 FEET TO A 5/8" IRON ROD FOUND FOR THE NORTHEAST CORNER OF THIS TRACT; THENCE, ALONG THE NORTHWEST RIGHT-OF-WAY LINE OF RIVER HILL DRIVE, FOLLOWING A CURVE WITH A RADIUS OF 330.00 FEET AND A LENGTH OF 50.19 FEET TO A 5/8" IRON ROD SET FOR THE SOUTHEAST CORNER OF THIS TRACT; THENCE, N 43029'21" W, A DISTANCE OF 66.12 FEET TO A 5/8" IRON ROD SET FOR AN INTERIOR CORNER OF THIS TRACT; THENCE, N 83045'21" W, A DISTANCE OF 585.79 FEET TO A 5/8" IRON ROD SET AT THE EAST RIGHT-OF-WAY LINE OF PINNACLE DRIVE, FOR THE SOUTHWEST CORNER OF THIS TRACT; THENCE, N 06014'39" E, ALONG EAST RIGHT-OF-WAY LINE OF PINNACLE DRIVE, A DISTANCE OF 50.00 FEET TO THE POINT OF BEGINNING, CONTAINING 0.77 ACRES MORE OR LESS. Q r\ ~ 6 ( OCo - 0 ~I -lee MINUTES REGULAR PLANNING COMMISSION MEETING Council Chambers- City Hall Wednesday - January 25, 2006 Tabled Zoning a. 0106-07 K (Corpus Partners, L.P.: "B-1A" Neighborhood Business District to a "B~ I" Neighborhood Business District Northwest Estates Addition, Block 1 0, Lot 1, located at the northeast intersection of Northwest Boulevard and Pinnacle Drive Faryce Goode-Macon stated the subject property was located on the north side of Northwest Boulevard 10 the Calallen area and is the first of three cases presented this evening in the same proximity. The request is for a rezoning from a "B-1 A" Neighborhood Business District to a "B-1" Neighborhood Busmess District. To the west of the subject property is a "B-1A" district that is undeveloped and to the north an "AB" zoning. Across the street from the subject property is a "B-4" zoning that is developed with commerclal and some agriculture use. In order to develop and allow business development, they will need to create mixed uses for this area. The future land use map calls for neighborhood business, general commercial business and multi-family use. In 2001, this tract submitted a request for a "B-4" zoning and, m lieu of, was approved for a "B-IA" District. Staffs recommendation is denial of the requested "B-1" (Jeneral Business District and retaining the existing "B-1 A" zoning. In answer to Commlssioner Zamora's question, Ms. Goode-Macon stated the area surrounding "BJ Pizza", when annexed, was lOitially zoned an "F-R" Farm-Rural and during the 1980's and 1990's" zoning was put in place for a "B-4" General Business District and "AB Professional Office District. The Planning CommlSSlon had determined at that time that an "AB" zoning was more appropriate in the rear portion of this area due to it's proXimity to the existing residential area. In answer to Chaim1an Stone's question, Ms. Goode-Macon stated that the applicant indicated they would be agreeable to a special permit. Public heanng was opened. Steve Cohen, 14617 Apollo Drive, Corpus Christi, Texas stated that his property abuts the subject property and has concerns if the property is developed with restaurants that sell alcohol in the area, loud noise being heard late at night and excessive lighting with children in our neighborhood. This is a very narrow strip and not a Jot of space betwcl~n residential property and Northwest Boulevard. Rosemary Reed, Corpus Christi, Texas stated the property was purchased for her son and he still owns an interest in it. The property that was rezoned on Lot 11 developed a pizza type establishment. In this area, an innovative type of shopping development would be a positive addition. The area is not a high traffic location and there are six foot fences bordering the residential area. This is potentially a very good commercial property with curbs, gutters and good drainage. I believe that adverse zoning decisions are self defeating especially during these times. New business creates positive stimulation. I am for modifying the zoning to increase the possibility of what can be done at this particular site and I don't like to see the growth being suppressed. Plannmg Commission MInutes Case No 0 I 06-07 (K C Corpus Partners. L. P ) Page 2 Kathy Hogan, 353 Bermuda, Corpus Christi, Texas stated her role as representative ofK.C. Corpus Partners and is surpnsed of Staff s recommendation. Communication has been made with the community and was received positively This development would be similar to the Regal Development and provide a vanety of different businesses. Ms. Hogan stated that the special permit would be allowable but would prefer the '.B-l ,. zonmg Commissioner Pusley stated that commercial development is needed and desired but we have to consider the residential homes in the area and the hours of operation that some of the businesses would generate. fhe "B-1" District also permits fueling stations which would be undesirable for the residential area. Ms. Hogan stated that there were only seven (7) homes that abut up to the subject property. Commissioner Zamora stated that a special permit could be included with instructions that deal with some ofthe setback and lot Issues and "B-1" District type problems. Martin Leary, 105 Hawthorne Place, Corpus Christi stated that he represents the owner (Steven R. Troy 1988 Trust) and these lots were always intended for general business uses. The prospective buyers and sale of thIS property IS contmgent on a "B-4" District bemg approved. There is other "B-4" zoning in this area that abut up to residential property with a "B-1 A" District buffer. This property has always been designed for general business uses. The applicant desires a high-end shopping plaza and need the "B-4" District to accomplish this. Bdl Ward, 25 HeWitt, Corpus Chnsti, Texas stated that this area is experiencing a growth period and IS a major arterial. Some or the hindrances that will impede this will be the small "mom and pop" businesses. Daniel Bluntzer, 4021 Nichols, Corpus Christi, Texas stated that concern is felt regarding the type of business that will be put in place. The community is open to new development and would be open to restricted use or a special permit There are minimal arteries going through Northwest Estates and the neighborhood has young children residing in it. Public heanng was closed. Public hearing was opened. Kathy Hogan, 353 Bermuda, Corpus Christi, Texas stated that communication had been made with Bill Kelly of the City Council who stated that if there was major opposition with the case he would be open to attending a meeting with the neighborhood if needed. Commissioner Puslcy stated that would be an excellent idea and further communication with the neighborhood would be a positive step. Public hearing was closed. Commissioner Huerta stated that with a buffer restricting 30' to 50' "B-IA" from the "B-1" would be a good compromise or possibly a special permit. Commissioner Braselton stated that the concern I have if we leave it as a "B-IA" is the property may be left vacant because of the usage going on with the area. ! [-\PIN-DIRSHARFDIG\J L' WOR! 'AGENDMEMI2006IJanuary\Ol 06-07Minutes Excerpt.doc Plannmg CommissIOn Mmutes Case Nu I) 106-07 (K C Curpus P~llners. L P ) Page .\ V lce-Chalm1an Garza stated that communication with the residents will bring them up to speed because there may be a lot of oppositIOn once you reach the City Council level. Motion for approval of a "B-l" District along the frontage of the property and denial of the "B-1" District along the rear 50 feet was made by Commissioner Skrobarczyk and seconded by CommiSSioner Garza with ('ommiSSlOner Salazar being absent. H :\PLN- DIR SHARED\GA ILlWORD AGENDMEM\2006\January\O 1 06-07M inules Excerpt.doc Page 1 of 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY KC CORPUS PARTNERS, L.P., BY CHANGING THE ZONING MAP IN REFERENCE TO 3.180 ACRES OUT OF THE NORTHWEST ESTATES ADDITION, LOT 1, BLOCK 10 FROM "B-1 A" NEIGHBORHOOD BUSINESS DISTRICT TO "B-1" NEIGHBORHOOD BUSINESS DISTRICT; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of K.C. Corpus Partners L.P., 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, January 25, 2006, during a meeting of the Planning Commission, and on Tuesday, February 28, 2006 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 3.180 acres out of the Northwest Estates Addition Lot 1, Block 10, located along Northwest Boulevard between River Hill Drive and Pinnacle Drive, from "B-1A" Neighborhood Business District to "B-1" Neighborhood Business District. (Map 068051) (Exhibit) SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this ordinance. SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1937, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. SECTION 4. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. H:IlEG-DIRIgarywslgaryws\agenda\2006102-28101 06-07 Al T.Zoning KC CORPUS.1.doc Page 2 of 3 SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 6. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 7. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this 28th day of February, 2006. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Henry Garrett Mayor, The City of Corpus Christi APPROVED: February 22, 2006 /1 ~ r G~~ Smithl~ Assistant City Attorney For City Attorney H :\LEG-DIR\garyws\garyws\agenda\2006\02-28\01 06-07 AL T .Zoning KC CORPUS .1.doc Page 3 of 3 Corpus Christi, Texas day of ,2006 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 Marez William Kelly Jesse Noyola Rex Kinnison Melody Cooper Mark Scott H:\LEG-DIR\garyws\garyws\agenda\2006\02-28\01 06-07 AL T.Zoning KC CORPUS.1.doc STATE OF TEXAS, COUNTY OF NUECES T(D"~ B- ( FIELD NOTES FOR A 3.1S ACRE TRACT OUT OF LOT 1, BLOCK 10, NORTHWEST ESTATES, VOLUME 51, PAGES 55-56, MAP RECORDS OF NUECES COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING AT A 5/8" IRON ROD FOUND AT THE NORTHWEST CORNER OF LOT t,'BLOCK 10, NORTBwESTESTATES, VOLUME 52, PAGES 5So56, MAP RECORDS OF NUECES COUNTY~ TEXAS; THENCE, S 06014'39" W, ALONG THE EAST RIGHT-OF-WAY LINE OF PINNACLE DRIVE, A DISTANCE OF 50.00 FEET TO THE POINT OF BEGINNING; THENCE, S 83045'21" E, A DISTANCE OF sa5.79 FEET TO A 5/8" IRON ROD SET FOR AN EXTERIOR CORNER OF THIS TRACf; THENCE, S 43029'21" E, A DISTANCE OF 66.12 FEET TO A 5/8" IRON ROD SET AT THE NORTHWEST RIGBT-OF-W A Y LINE OF RIVER HU...L DRIVE, FOR THE NORTHEAST CORNER OF THIS TRACI'; THENCE, ALONG THE NORTHWEST RIGHT-QF-W A Y LINE OF RIVER RILL DRIVE, FOLLOWING A CURVE WITH A RADWS OF 330.00 FEET AND A LENGTH OF 181.74 FEET TO A 5/8" IRON ROD FOUND FOR AN EXTERIOR CORNER OF THIS TRACT; THENCE, FOLLOWING A CURVE WITH A RADmS OF 14.21 FEET AND A LENGTH OF 22..30 FEET TO AS/S" mON ROD FQUND AT THE NORTH RIGHT-OF- WAY LINE OF RM. 624, FOR AN EXTERIOR CORNER OF lIDS TRACT; THENCE, N 83048'59" W, ALONGTHE NORTH RIGHT-OF-WAY LINE OF SAID F.M. 624, A DISTANCE OF 559.12 FEET TO A 5/8" IRON ROD FOUND AT THE NORTH RIGHT-OF-WAY LINE OF F.M. 624, FOR AN EXTERIOR CORNER OF THIS TRACT; THENCE, . FOLLOWING A CURVE WITH A RADIDS OF 14.12 FEET AND A LENGTH OF 22.19 FEET TO A 518" IRON ROD FOUND AT THE EAST RIGBT-OF- WAY LINE OF PINNACLE DRIVE, FOR AN EXTERIOR CORNER OF THIS TRACT; C.f\ ~ 0 16~O/- (( C I c:: <:1 NOel.::! Nd0 L : g 90C::- L c::-c:: THENCE, N 06014'39" E, ALONG EAST RIGHT-OF-WAY LINE OF PINNACLE DRIVE, A DISTANCE OF 116.10 FEET TO THE POINT OF BEGINNING, CONTAINlNG 18 ens MORE OR LESS. c'd v-lOCl.=l "., v-ldll:g 90(:-l(:-(: 28 AGENDA MEMORANDUM PUBLIC HEARING- ZONING (City Council Action Date: 2/28/06) Case No. 0106-08-Staples Development. LLC: A zoning change from "F-R" Farm-Rural District to a "B-4" General Business District on Tract I and "F-R" Farm-Rural District to a "R-IC" One-family Dwelling District on Tract 2 resulting from Tract I-agricultural use to commercial development; Tract 2-from agricultural use to smgle family residences on lots with a minimum area of 4,500 square feet. The property is at located at Tract 1 bemg 4.48 acres and Tract 2 bemg 16.] 6 acres out of Nueces River Irrigation Park Annex No.2, located north of Northwest Boulevard and 225 feet east of Trinity River DrivelFM 1889. Plannin2 Commission and Staff's Recommendation (1125/06): Tract I-Approval of the "B-4" General Business District along the front area of the subject property and denial of the "B-4" General Business District along the rear 50 feet of the property and in lieu thereof, approval of a "B-IA" Neighborhood Business District along the rear 50 feet of the subject property. Tract 2-Approval of the "R-IC" One-famtly Dwelling District. Requested Council Action: Tract I-Approval of the "B-4" General Business District along the front area of the subject property and denial of the "B-4" General Business District along the rear 50 feet of the property and in lieu thereof, approval of a "B-IA" Neighborhood Business District along the rear 50 feet of the subject propert) Tract 2-Approval of the "R-IC' One-family Dwelling District. Purpose of Request: Tract 1 To allow for unspecified commercial development Tract 2 - To allow for a 53- lot single-family subdivision Summarv : · The applicant has requested a zoning change from "F-R" Farm-Rural District on Tract 1 to "B-4" General Business District and on Tract 2 to "R-l C" One Family Dwelling District. Tract ] · Applicant requesting a "B-4" General Business District for commercial development. Specific plans or proposed uses were not available for staff review. · The subject property consists of 4.48 acres and is located along Northwest Boulevard and approximately 225 feet east ofF.M.1889/Trinity River Drive. Annexation ofthis property occurred in 1995. · North of the subject property is Tract 2 proposed as a 53-lot "R-1C" District single- family residential subdivision. Further to the north is Wood River Subdivision developed with single-family residences. To the south, across Northwest Boulevard is undeveloped "F-R" Farm-Rural District property. East of Tract 1 is a "B-4" General Business District granted in 1997 and a "B- I A" Neighborhood Business District granted in 2001. Property west is zoned a "B-4" General Business District granted in 1999. c"genda Memorandum Case No OIO(l-08 (Staples DcvelopmcllL LLC) Page :: · The "B-4" General Business District would provide for undesirable uses adjacent to single-family residential development ie., restaurants (associated food and garbage odor), fueling stations (associated heavy lighting into the residential area, truck fueling noise and 24 hour operation) and bars, lounges and taverns. · The "B-1 A" Neighborhood Business District was adopted in 2000 to allow for commercial uses that would have limited undesirable impact to adjacent single-family residential development. Such limited commercial uses are required to locate the delivery and loading areas for the business fifty (50) feet from the property line of the abutting residential district · Additionally, an increase in landscaping is required in the "B-1 A" District when adjacent to a single-family residential district. Planting of canopy trees 30' on center with a minimum caliper of2" along and inside the required rear setback, but not within a utility easement is required in the "B-1 A" District. Tract 2 . The applicant requested a change of zoning to a "R-l C" One-family Dwelling District to develop a 53-lot single-family subdivision on 16.16 acres. · Minimum lot area permitted in the "R-IC" District is 4,500 square feet with a minimum lot width of 45 feet. West of the subject property along River Walk Drive is a "R-IC" District developed as a single- family subdivision. · Primary access for the property is planned along the extension of Melex Street that connects to Riverwalk Drive. · The proposed "R-l C" District development would generate 530 average daily trips along the future roadways of the subdivision. · Water/wastewater demand is estimated at 18,550 gallons per day with a solid waste demand of 4711bs. daily. · The "R-l C" District offers traditional neighborhood residential development that is supported by the Northwest Area Development future land use map. Recommendation: Approval of the "B-4" General Business District along the front area of the subject property and denial of the "B-4" General Business District along the rear 50 feet of the property and in lieu thereof, approval of a "B-IA" Neighborhood Business District along the rear 50 feet of the subject property. Applicant's Position: The applicant is in agreement with recommendation. Agenda Memorandum Case No () 1 06-08 (Staples Dcvelupment LLC) Page 2 Notification: Of the eIghty (80) notices mailed to the surrounding property owners, zerio (0) were returned in favor or in opposition The 20% rule is not invoked. This case is considered noncontroversial, but ma~ have neighborhood discussion to ensure that the 50 foot buffer on Tract 1 that is next to the proposed residential area to the north is maintained. ~il!t!::clh~ k; lbl Assistant Director of Development Services MG/FGM/als Attachments: 1) Zoning Report 2) Planning Commlssllln Mmutes 3) Ordinance HL\PLN-DIRSHARED\GalJ\ WORD AGEN DMLM\2005\DecemberI0 1 06-08 AGENDAMEMO.doc CITY COUNCIL ZONING REPORT Case No. 0 106-08 Planning Commission Hearing Date: January 25,2006 -; Applicant: Staples Development, LLC ~ Owner: Same as Applicant Q,I ..J = Agent: Bill Ward - Real Estate Services ~ ~; Q.. Property Area: Tract I being 4.48 acres and Tract 2 being 16.16 acres out of Nueces ... .- = I.. River Irrigation Park Annex No.2, located north of Northwest Boulevard and 225 feet = (J (J fIl .- Q,I east of Trinity River/FM 1889. 'Q..Q Q.. ~ From: "F-R" Farm-Rural District To: Tract 1 - "B-4" General Business District ... Tract 2 "R-l ('" One-family Dwelling District (minimum residential lot area of '" <l.I = 4,500 square feet) C" <l.I ~ eSJ Area: Tract 1 4.48 acres .S Tract 2 l6.16acres = ~ N Purpose of Request: Tract 1 - To allow for unspecified commercial development Tract 2 To allow for a 53- lot single-family subdivision. -~-----..,.-_.~- ..~- ~_. ._.~ ! Zoning Existing Land Use Future Land Use on .)i!e ! "F-R" F,~rm-Rural District Undeveloped land Commercial and low- <l.I density residential on ~----...----- ~ .Vorth i "R-l B" One-family One-family residential Low-density residential "'0 = I Dwelling District subdivision = ..J South I "F-R" Farm-Rural District Undeveloped land Commercial "Cl East Undeveloped lot Neighborhood business = I "B-1 A" Neighborhood Cd I Business District and uses (limited business eSJ .S I "B-4" General Business uses) = ~ District N --...- eSJ IYest "B-4"General Business Strip business center and Commercial and low- = .- District (limited business single-family residences density residential ... I '" .~ uses) and "AB" I ~ Professional Office _L District ------_._"-- ~ -... Zonmg Report Case No () \ i)()-()8 (Staples Development. LLll Page 2 ~ ~ Area Development Plan: Northwest Area Development Plan (NW ADP) -The future ~ ~ land use map supports commercial, professional office and multi-family development. ~ ~ap: 068051 ~:g Q;' Zoning Violations: None ~ · The applicant has requested a zoning change from "F-R" Farm-Rural District on Tract 1 to "B-4" General Business District and on Tract 2 to "R-I e" One Family Dwelling Dlstrict Tract 1 · Applicant requesting a "B-4" General Business District for commercial development. Specific plans or proposed uses were not available for staffreview. · The subject property consists of 4.48 acres and is located along Northwest Boulevard and approximately 225 feet east of F.M.1889/Trinity River Drive. AlmexatlOn of this property occurred in 1995. . ~ ... ~ e e = rJ'1 l"Il e:: ~ ..... rJ'1 . North of the subject property is Tract 2 proposed as a 53-lot "R-IC" District single-family residential subdivision. Further to the north is Wood River Subdivision developed with single-family residences. To the south, across Northwest Boulevard is undeveloped "F-R" Farm-Rural District property. East of Tract 1 ]s a "B-4" General Business District granted in 1997 and a "B-IA" Neighborhood Business District granted in 2001. Property west is zoned a "B-4" General Business District granted in 1999. The "B-4" General Business District would provide for undesirable uses adjacent to single-family residential development ie., restaurants (associated food and garbage odor), fueling stations (associated heavy lighting into the residential area, truck fueling noise and 24 hour operation) and bars, lounges and taverns. · The "B-1 A" Neighborhood Business District was adopted in 2000 to allow for commercial uses that would have limited undesirable impact to adjacent single- family residential development. Such limited commercial uses are required to locate the delivery and loading areas for the business fifty (50) feet from the property line of the abutting residential district. · Additionally, an increase in landscaping is required in the "B-IA" District when adjacent to a single-family residential district. Planting of canopy trees 30' on center with a minimum caliper of 2" along and inside the required rear setback, but not within a utility easement is required in the "B-1 A" District. lonmg Repon (ase '\10 0 I 06-08 (Staples Dc\clopmenl Ll C) Page 3 Tract 2 · The applicant requested a change of zoning to a "R-l C" One-family Dwelling District 10 develop a 53-lot single-family subdivision on 16.16 acres. · Minimum lot area permitted in the "R-l e" District is 4,500 square feet with a minimum lot width of 45 feet. West of the subject property along River Walk Drive is a "R-I C" District developed as a single-family subdivision. · Pnmary dccess for the property is planned along the extension of Melex Street that connects to Riverwalk Drive. · The proposed "R -1 C" District development would generate 530 average daily trips along the future roadways of the subdivision. · Water/wastewater demand is estimated at 18,550 gallons per day with a solid waste demand of 4 71 lbs. daily. · The "R-1 C" District offers traditional neighborhood residential development that is supported by the Northwest Area Development future land use map. Street Type Paved Section Volume (200n vard Arterial 120' R.O.W. wi 76' 24,410 a.d.t. pavement and center turning lane ty River Arterial/Collector 70' to 80' R.O.W. wi 48' 4,110 a.d.t. ___L~___ Bk. to bk. pavement ~ o Northwest Boule ~ - ~ ~ ~ F.M. 18891Trini Drive fIl 1U! s:::! The subject property is not platted. 00 Zoning Report Case No () I (1(,-08 (Staples Develllpment LLC) Page 4 '" ... = ~ E E e U .... = ~ E .... :... ~ C. ~ Q = e ;: ~ ~ l:: = ~ ~ .... E rJJ E e ~ ~ " I I I Commercial, professIOnal office and multi-family development is consistent with the Future Land Use Plan for Tract 1. Since a substantial anlOunt of low density residential zoning is proposed on Tract 2. a limited Neighborhood Business District on Tract 1 would be an appropriate buffer to adjacent future single-family development. The Corpus Christi Policy Statements indicate that major commercial usesl zoning should be located at the intersection of arterial streets. The subject property is located east of an arterial intersectIon. Northwest Boulevard and F.M. 1889. Tract 1 of the subject property is not an optimum location for general commercial zoning with its adjacency to future single-family development to the north. Approval of the "B-4" General Business District along the front area of the subject property and denial of the "B-4" General Business District along the rear 50 feet of the property and in lieu thereof, approval of a "B-1 A" Neighborhood Business District along the rear 50 feet of the subject property. = o =; ..." e ~ -.- ~ .9 :; = =.- ~ = E e oS e e Q.,oo U ~ ~ " Approval of the "B-4" General Business District along the front area of the subject property and denial of the "B-4" General Business District along the rear 50 feet ofthe property and in lieu thereof, approval of a "B-1 A" Neighborhood Business District along the rear 50 feet of the subject property. VJ -~ = ~ ~ ~ e .- e ~ e ~ U" Number of Notices Mailed: 80 Favor 0 OpposItion 0 (As of January 19, 2006) Attachment: Zoning Map Proposed Preliminary Plat H\PIN-DIR' SHARED'GA (I.\WORD lONRPTS'2006'January\O 1 06-0RREPORTdoc 35 34 0 I P 16 ~ 0 0 .' 221r: 15 1.; 1 f, -tr-.. -_._~ L 1 7 I 6 . > R-18 s 'X 2 4 I .1 J-;\~- - '" .,~ ~ 2 4 09JAN06/HK F-R Farm Rural District RE Residential Estate District RA One Family Dwelling District R-1A One Family Dwelling District R-1B One Family Dwelling District R-1C One Family Dwelling District R.TH Townhouse Dwelling District R-2 Multiple Dwelling District T-1A Travel Trailer Park District T-1 B Manufactured Home Park Disc T-1C Manufactured Home Subdivision District - r '-- I ,:;, POWELL DR'V~ . 8 9 10 1 'In I..~ , -.. 12 13 1 1 ci o UJ --J U ~ 2 2 Cl.. 8-1A 9 t\/ORTH WE ST BOULEVARD FR FR 8-4 Case No. Z0106-08 '!llI{,','m.,.bI" ~~-J. -.,.::: _ I!', . 'l .___~ , . ~.I~ Notice Map A-1 Apartment House District A-1A Apartment House District A-2 Apartment House District AT Apartment-Tourist District AB Professional Office District 1-1 limited Industrial District 1-2 light Industrial District 1-3 Heavy Industrial District SP Special Permit PUD Planned Unit Development B-1 Neighborhood Business District B-1A Neighborhood Business District B-2A Barrier Island Business District B-2 Bayfront Business District BD Corpus Christi Beach Design Dist. B.3 Business District B-4 General Business District B-5 Primary Business District B-6 Primary Business Core District GIS Team V'!\~' ~ NORTH o 150 300 , Feet HC Historical-Culturallandmark Preservation MURRA) BASS. JR.. P.E..R.P.LS. NIXON M WELSH, PE.R.P.l S. 3054 S. ALAMEDA, ZIP 78404 PH. 361 882-5521 FAX 361 882-1265 e-mail: murravir(CiJaol.com e-mail: nixmw{ii>aol.com BASS & WELSH ENGINEERING P.O. Box 6397 Corpus Christi, TX 78466-6397 i / TRACT 1 - Fron' PROPOSED BUSINESS ZONING February 16, 2006 05038M&B -Tract I-rev State of Texas ~ County of Nueces ~ Description of a 3.68 acre tract of land, more or less, a portion of Annex No.2 to the Nueces River Irrigation Park, a map of which is recorded in Volume" A", Page 55, Map Records, Nueces County, Texas, said 3.68 acre tract as further described by metes and bounds as follows: BEGINNING at the southeast comer of Lot 1, Block 1, River Heights, a map of which is recorded in Volume 60, Page 187, said map records, said beginning point for the southwest comer of the tract herein described; THENCE N09035'59"E 231.06' along the east boundary line of said Lot 1, Block 1, River Heights, to a point for the northwest comer of the tract herein described; THENCE S83046'57"E 697.50' to a point for the northeast comer of the tract herein described in the west boundary line of Lot 1, Block 9, Northwest Estates, a map of which is recorded in Volume 52, Pages 55 and 56, said map records; THENCE SlOo43'37"W 231.37' along the west boundary line of said Lot 1, Block 9, Northwest Estates, to a point in the north right-of-way line of FM 624 (Northwest Boulevard) for the southeast comer of the tract herein described. THENCE along the said north right-of-way line of FM 624 N83046'57"W 692.94' to the POINT OF BEGINNING. Nixon M. Welsh, R.P.L.S. NMW:mad EXHIBIT "A" Ca.se. o lOb - O~ [4- 1, ,J tf-','r-.......-; Sheet 1 of 1 "'UIUlAY BAS., .lit.. P.E., R.P.L.S. NIXON .... WaLSH, P.E.. R.P.L.S. 30.4 S. ALAMEDA PH. 381 882-151521 FAX 381 882-12eS a-MAIL: mumyjr@aol.com IE-MAIL: nixmwfitaol.com BASS 8: WELSH ENGINEERING P.O. Box 6397 CO"P'U. CHRISTI, TEXAS 78466-6397 B-1 A ZONING -,?tACT .~ - KeA-r February 10,2006 05038M&B .doc State of Texas ~ County of Nueces ~ Description of a 0.801 acce tract ofland, more or less, a 5lY wide strip, a portion of Annex No_ 2 to the Nueres River Irrigation Park, a map ofwhicb is recorded in Volume "A", Page 55, Map Records, Nueces County, Texas, said 0.801 acre tract as further described by metes and bounds as follows: BEGINNING at the northwest comer of Lot 1, Block 9, Northwest Estates, a map of which is recorded in Volume 52, Pages 55 & 56, said map records, said beginning point for the northeast corner of the tract herein desaibed ; lHENCE along the west boundary line of said Lot 1, Block 9, Northwest Estates SI0"43'37"W 50.16' to a point for the southeast corner of the tract herein described; TI-lENCE N83046'5TW 697.50' to a point for the southwest corner of the tract herein described in the east boundary line of Lot 1, Block 1, River Heights, a map of which is recorded in Volume 60, Page 187, said map records; TI-lENCE along the east boundary line of said Lot 1, Block 1, River Heights N09"35'59"E, at 2.45' pass the common northeast corner of said Lot 1, Block 1, River Heights and southeast corner of Lot 2, said Block 1, River Heights and continuing along the east boundary line of said Lot 2, Block 1, River Heights, in all a distance of 50.09' to a point for the northwest corner of the tract herein described; TI-lENCE 583046'57"E 698.49' to the POINT OF BEGINNING. NMW:mad t~~ Nixon M. Welsh, R.P.L.S. Sheet 1 of 1 CJ\~ 6'i6lD-6r . . MURRAY BASS, JR., P.E.. R.P.L-.S. NIXON M WELSH. P.E., R.P.L.S 3054 S. ALAMEDA PH. 361 882-5521 FAX 361 882-1265 E-MAIL: nlUrrayjr@aol.colll E-MAIL: nixmw@aol.com BASS & WELSH ENGINEERING P.O. Box 6397 CORPUS CHRISTI, TEX....S 78466.6397 TRACT 2 PROPOSED R-IC ZONNING November 21, 2005 05038M&B -Tract 2 State of Texas S County of N ueces S Description of a 16.16 acre tract of land, more or less, a portion of Annex No.2 to the Nueces River Irrigation Park, a map of which is recorded in Volume "A", Page 55, Map Records, Nueces County, Texas, said 16.16 acre tract as further described by metes and bounds as follows: BEGINNING at a point in the easterly boundary line of Lot 2, Block 1, River Heights, a map of which is recorded in Volume 60, Page 187, said map records, said beginning point for the southwest corner ofthe tract herein described and bearing N09035'59"E 47.64' from the southeast corner of said lot 2; THENCE N09035'59"E 1021.87' along the east boundary line of said River Heights to a point for the northeast corner of Lot 14, Block 2, said River Heights and northwest corner of the tract herein described and being in the southerly boundary line of Wood River Unit 2, a map of which is recorded in Volume 45, Pages 190-192, said map records; THENCE S79036' 45"E 716.44' along the south boundary line of said Wood River Unit 2 and along the south boundary line of Wood River Unit 1, a map which is recorded in Volume 44, Pages 180-182, said map records, to a point in the south boundary line of Lot 11, Block 10, said Wood River Unit 1, for the northeast corner of the tract herein described and northwest corner of Northwest Estates, a map of which is recorded in Volume 52, Pages 55 and 56, said map records; THENCE SlOo43'37"W 97J00' along the west boundary line of said Northwest Estates to a point for the southeast corner of the tract herein described and common southwest corner of Lot 6, Block 1 and northwest corner of Lot 1, Block 9, of said Northwest Estates; THENCE N83046'57"W 698.49' to the POINT OF BEGINNING, a sketch showing said 16.16 acre tract being attached hereto as Exhibit "C". NMW: mad . N'!1.~~ c~ f\ )j 0 I (Xc' us! EXHIBIT "B" SHEET 1 OF ] !,l ~ :0 i li .1 , Ii; " iP. .', ,. 'r " . l,1I1H! I;i::l ~. ~~ ~ "' ~ l' ~ :; in J ! ," """c, ; ~i --,~. ~ I , i' ll-'ft"- T- : I; , k=",- ) i '" " f I '" ~ I ..1 b I 1 on I 0) . e ) ! ,~ /' I z I ~ " 8 ,I ~ :, ~ u .1 :!i j ~ I :;; 'I H ~ ~ 1\ ~, " I '1 ""' I ~ u a. I .P-'-'~- 1_._~,[ ~ r .~~~- ~ ~ ~ l .. f tl \ vv 'lIL 1~c;",9f.6lS--\ I I I I I ,J I </ I I ____...1 l. (~ I i I ~ I~ ) L.. , i; .' ~; -T li 5...' I: C c - , J;iI___l I I, ~--~ -..... q ). . " -f /\ ,-:~ r- " \ \ \ \ .1 I :---~t I , " ,~r-r y , Ii . /;. -~-(~:: ~ ,m. ~~ ':: .; 1::'-~1 ~.:- t' :~=j= =~T;~ --, ..",.~\ t,,'- ..... ,'1'."1 I 1I1I Iii', I. .i____' ....~+ i~_, '"."1,_.,,, J,- -,~~=~:::t=:=-- A1!~":'-- 1 ~?"-:~ -if 9 . I . I 1 \ ~ . ~\. I: ... I ! I~: ,~. "1' I u III l-,,~~ ---'..~L_J~_ i ~If -r--"1 .-,~'-~ . , --!+- ~ I " i: -iL ~: l-L I -. l- I I I j , I I I -;~i, ~f rn---;ii1i'7 .~.. ~.,- -~ . ~ ! I, ,. I I 1 - .~ ":..--1 J - ~~R'~ 4-6 ;",)-7-;'W - -69-2~94;-- -- - --- FM -~-~ {~;~Hwc:;r RLVD,) i 1-, IIln 12. ~ .II~I ~;:aj :1' Mil ~.~" 3~~ 2i~ . ... il;~~ ~I~ j~~ ,,,'" 'of;; g~~ !lEi'" (1~ ill il! el- l- <? beE G i i... I - -3 If-- G c1 Q\0 ~qll.l~f ~ <:l. cJ ;Itl II ~ hi ~~~ Jtt~ ~m I J I I MINUTES REGULAR PLANNING COMMISSION MEETING Council Chambers- City Hall Wednesday - January 25, 2006 Tabled Zoning a. 0106-08 Staples Development, LLC: From "F-R" Farm-Rural District to a "B-4" General Business District and "R-IB" One-family Dwelling District Tract 1 being 4.48 acres and Tract 2 being 16.16 acres out of Nueces River Irrigation Park Annex No.2 located north of Northwest Boulevard and 225 feet east of Trinity River DrivelFM 1889 Faryce Goode-Macon described the above case and stated that the property is located on Northwest Boulevard and is currently zoned a "F-R" District. The developer is requesting a "B-4" District for commercial development Oil Tract 1. Plans have not been developed for this tract. On Tract 2, the applicant IS proposing a fifty-three (53) lot subdivision on the subject property. The future land use recommends general business, neighborhood business and multi family uses. Staffrecommendation is denial of the "B-4" General Business District on Tract I due to future residential proximity and, in lieu thereof~ approval of a "B-1 A "Neighborhood Business District. Staff recommends approval of the "R-I C" on Tract :2 In answer to Commissioner Skrobarczyk's question, Ms. Goode-Macon stated that properties on each side are zoned a "B-4" General Busmess District. Public heanng was opened. Martin Leary, 105 Hawthorne Place, Corpus Christi stated that he owned the adjoining tract and it was a very thought out mixed use development. If someone cannot get the appropriate zoning, his only option is to break up the lots which are not in the best interests of the City. I encourage the Planning CommiSSIon to approve the zoning as requested. In answer to CommIssioner Martinez's question, Ms. Goode-Macon stated that the City had no specific development plans on this project. Bill Ward, 25 HeWItt, Corpus Chnsti, Texas stated that the developer is attempting to move forward with his project. Mr. Ward stated that the developers would consider a "B-1" rezoning with a "B-1 A" buffer on Tract 1 Daniel Bluntzer, 4021 Nichols, Corpus Christi, Texas stated concerns with the residential properties and the increased flow of traffic. In answer to CommIssioner Huerta's question, Ms. Holly stated there is a concern for traffic especially within the residential area and will be addressed during the platting process. Public hearing was closed. f'lannmg CommiSSion Mmutcs Casc No 1105-08 (Staples Dc\'clupmcnt. LLCI) Page 2 t\1otlon was made for approval for a "B-1 "District with a "B-1 A" District 50 foot buffer along the rear of Tract 1 was made by Commissioner Pusley and seconded by Commissioner Braselton. Motion did not pass \\ Ith a vote of 5 to 2. Commissioner Braselton stated that with the "B-1" District zoning, a precedence is being set. Also, with approval of a "B-4"District. you have additional signage that is allowed. Commissioner Zamora stated that this property lends itself more to a "B-4" District with a "B-IA" District buffer along the rear. Commissioner Martinez stated that he would approve the "B-4"District for Tract 1. Commissioner Pus ley stated that he was in agreement with Commissioner Braselton and would be m favor of a "B-1" District. Chairman Stone that he would be in favor of a "B-4" District. Motion for a "B-4" District with a 50' "B-IA" buffer along the rear on Tract 1 was made by Commissioner Martinez and seconded by Commissioner Skrobarczyk. Motion passed unanimously with Commissioner Salazar being absent. Motion for a "R-l(,"' District on Tract 2 was made by Commissioner Braselton and seconded by CommiSSIOner Skrobarczyk. Motion passed unanimously with Commissioner Salazar being absent. H:\PIN-DlR '.S HA RED\GA ILl WORD ,AGENDM EM\2006'January\O 1 06-08Minutes Excerpt.doc Page 1 of 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPlICA liON BY STAPLES DEVELOPMENT, LLC, BY CHANGING THE ZONING MAP IN REFERENCE TO 3.680 ACRES OUT OF THE NUECES RIVER IRRIGATION PARK ANNEX NO.2, FROM "F-R' FARM RURAL TO "B-4" GENERAL BUSINESS DISTRICT WITH A 0.801 ACRE 50 FOOT "B-1A" BUFFER TO THE REAR ON TRACT 1 AND 16.16 ACRES FROM "F-R" FARM RURAL TO "R-1C" ONE FAMILY DWELLING DISTRICT ON TRACT 2; 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 Staples Development, LLC, 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, January 25, 2006, during a meeting of the Planning Commission, and on Tuesday, February 28, 2006 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 3.68 acres out of the Nueces River Irrigation Park Annex No.2, located along Northwest Boulevard between Pinnacle Drive and Trinity River Drive, from "F-R" Farm Rural to "B-4" General Business District with a 0.801 acre 50 foot "B-1A" buffer to the rear on tract one and 16.16 acres from "F-R" Farm Rural to "R-1 C" One Family Dwelling District on tract two. (Map 068051) (Exhibit) 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:\LEG-DIR\garyws\garyws\agenda\2006\02-28\01 06-08AL T.Zoning(B1A BUFF) STAPLES DEV.1.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 28th day of February, 2006. ATTEST: THE CITY OF CORPUS CHRISTI Henry Garrett Mayor, The City of Corpus Christi Armando Chapa City Secretary APPROVED: February 22, 2006 , ,--,""" ~~,r jmd!~ 'ary . Smith Assistant City Attorney For City Attorney H :\LE G-DIR\garyws\garyws\agenda\2006\02-28\01 06-D8Al T .Zoning(B 1 A BUFF) STAPLES DEV.1.doc Page 3 of 3 Corpus Christi, Texas day of ,2006 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 Marez William Kelly Jesse Noyola Rex Kinnison Melody Cooper Mark Scott H:\LEG-DIR\garyws\garyws\agenda\2006\02-28\0106-08AL T.Zoning(B1A BUFF) STAPLES DEV.1.doc MURRAY B^ss. JR., P.E..R.P.LS. NIXON M. WELSH, P.E.,R.P.LS. 3054 S. AI.AMQDA, ZIP 78-404 Ptf, 361 882.5521 F....x 361882-1265 c-mail: murravir(o)aol.com c-mall: nlxmw(1liaol.com BASS & WELSH ENGINEERING P.O. Box 6397 Corpus Christi, TX 78466-6397 / TRACT 1 - Ft'"Oh i PROPOSED BUSINESS ZONING State of TexID; ~ February 16, 2006 05038M&B ~Tract I-rev County of Nueces ~ Description of a 3.68 acre tract of land, more or less. a portion of Annex No.2 to the Nueces River Irrigation Park, a map of which is recorded in Volume" A", Page 55, Map Records, Nueces County, Texas, said 3.68 acre tract as further described by metes and bounds as foUows: BEGINNING at the southeast comer ofLat I, Block 1, River Heights, a map of which is recorded in Volume: 60, Page 187, said map records, said beginning point for the southwest corner of the tract herein described; THENCE N09~5'59"E 231.06' along the east boundary line of said Lot 1, Block 1, River Heights, to a point for the northwest corner of the tract herein described; THENCE S83046'57"E 697.50' to a point for the northeast comer of the tract herein described in the west boundary line of Lot 1, Block 9, Northwest Estates, a map of which is recorded in Volume 52, Pages 5S and 56, said map records; TI-lENCE SlOO43'37"W 231.37' along the west boundary line of said Lot I, Block 9, Northwest Estates, to a point in the north right-or.way line of FM 624 (Northwest Boulevard) for the southeast comer of the tract herein described. THENCE along the said north right-of-way line of FM 624 N83Q46'5T'W 692.94' to the POINT OF BEGINNING. , Nixon M. Welsh, R.P.LS. NMW:mad EXHIBIT "A" Sheet t of 1 C~se. ALl. OIOb-Qg L d HO~::L=l HdE l : g 90C;- LC;-C; MU"IIAT ___, ~... PIE., R.P.L... NBo~ M. W1tL.H, P.E., R.P.L.S. ao~ s. ".......EIlA PH. a., ..0!-5!i2' f"M a., ..a-' ae5 "'MAIL: mumyjr4holocom It'MAtI..: nixmw~~.com BASS & WELSH ENGINEERING p.o. IIox 8397 CoftPu. CH"'STI. T~ ?8466-$387 B-1 A ZONING -rAACT.i- - '""RelIt Februazy 10,2006 05038M&B .doc State of Texas ~ County of Nueces f Description of a 0.801 acre trac::tofla:nd. more or less. a 5O'widestrip, a portion of Annex No. 2 to the Nueces River Irrigation Park, a map of which is recorded in VohmJe "A", Page 55, Map Records, Nueoes County, Texas, said 0.801 acre tract as further described by DWtes and bounds. as follows: BEGINNING at the northwest comer of Lot I, Block 9, Northwest Estates, a map of which is recorded in Volume 52, Pages 55&: 56, said map t~ said beginning point for the northeast oomer of the tract herein delCl10ed ; THENCE along the west boundary line of said Lot 1, Block 9. Northwest Estates Sl0043'3rW 50.16' to a point fOT the southeast COI'Jle7 of the tract herein described; TI-lENCE N83"4(;'57"W 697.50' to a point for the soutbwe$t corner of the tract herein described in the cast boundary line of Lot 1, Block I, Rivet Heights, a map of which is recorded in V oiume ~ Page 187, said map fCQOrch; THENCE along the east boundary lwe of said Lot 1, Block: I, River Heights N09"3S'59"E, at 2.45' pass the common northeast comer of said Lot 1, Block 1, River Heights and southeast OOmerofLot 2, said Bloc:k I, River Heights and continuing along the east boundary line of said Lot 2, Block 1, River Heights, in all a distance of 50.09' to a point for the northwest corner of the tract herein described; THENCE S83046'S'rE 698.49' to the POINT OF BEGINNING. NMW:mad tt#v~. . I Nixon M. Welsh., R.P .LS. Sheet 1 of 1 C.A~ 6'i60-6r ,ALT. 8 c HOCl.:::l Hd17 l : 9 90(:- l (:-(: 29 AGENDA MEMORANDUM PUBLIC HEARING - ZONING (CIty Council Action Date: 2/28/06) Case No. 0106-09-Mever-Lamph Development Group, Ltd.: A zoning change from "B-1" Neighborhood Business District to a "B-4" General Business District resulting from a Neighborhood Business District (provides for expanded neIghborhood uses) to a commercial development. The property is in Coastal Bend Subdivision, Block 2, Lot 7, located north of Northwest Boulevard and 575 feet east of County Road 69. Planninl! Commission and Staff's Recommendation (1/25/06): Denial of the "B-4" General Business District and in lieu thereof. approval of a Special Permit subject to a site plan and two (2) conditions. Reauested Council Action: Denial of the ;'B-4" General Business District and in lieu thereof, approval of a Special Permit subject to a site plan and two (2) condition. Purpose of Reauest: To allow a 7,000 square foot auto parts and sales building with no service bays, that exceeds the matter of right allowable building square footage for such use. Summary: . Applicant requesting a change of zoning from "B-1" Neighborhood Business District to "B-4" General Business District, to allow for an auto parts and service building with no service bays, which exceeds the matter of right allowable building square footage for such use. . The subject property consists of 1.057 acres and is located along Northwest Boulevard, an arterial roadway and east of County Road 69. . Development immediately to the east and west of the subject property is a car wash and bank \vithin a strip of "B-1" District property. To the north is public/school property. Along Northwest Boulevard to the south is a strip on "B-4" District property developed with an auto parts use and strip commercial center . Property south and across Northwest Boulevard, from the subject property was originally annexed In 1980 and zoned a "F-R" District. In 1983, such property was rezoned to a "B-4" District which extended south from Northwest Boulevard into the current River Ridge Subdivision. In 1992, the current River Ridge Subdivision was rezoned to a "R-1A" District. Property fronting Northwest Boulevard to the south retained the "B-4" District classification. . The proposed auto parts and service use is currently allowed in the existing "R-1" Neighborhood Business DistrIct, providing the building is less than 3,000 square feet in gross area with no service bays. · The requested change of zoning is to accommodate a 7,000 square foot building with no service bays for a permitted use in the existing zoning. The auto parts and sales use is the only use in the "B-1" District that has a building square footage limitation. All other permitted uses are not restricted by a building square footage. Agenda Memorandum Case No 0106-09 (Meyer-Lamph Development Group. LId) Page 2 · Smce the property is over an acre In area, sufficient open space and setback of the proposed building from the school property to the north is provided. The proposed site plan indicates that the rear setback of huilding is approximately 110 feet from the school site. · Property east and west of the subject property is zoned "B-1" Neighborhood Business. Such zoning should be retained along this established section. A Special Permit in the existing zoning district, allowing a '7,000 square foot building with no service bays for the auto parts and sales use could accommodate the request. Recommendation: Denial of the "B-4" General Business District and in lieu thereof, approval of a Special Permit subject to a sIte plan and two (2) conditions. Applicant's Position: The applicant is in agreement with recommendation. Notification: Of the eighteen (18) notices mailed to the surrounding property owners, zero (0) were returned in favor or in opposition. The 20% rule is not invoked. This case is considered noncontroversial, but may have neighborhood discussion to ensure the conditions of the Special Permit are satisfied. J::.~:!l:1:r -/VtAw<-fm ~ Assistant Director of Development Services MG!FGM/als Attachments: I ) Zoning Report 2) Planning Commission Minutes 3) Ordinance H\PLN-D1R\SHARED\Gail\ WORD\A GENDM EM\2006IJanuary\0 1 06-09 AGENDAMEMO.doc CITY COUNCIL ZONING REPORT Case No. 0106-09 Planning Commission Hearing Date: February 25, 2006 ~ = - .S: = -- CliS ~ Q., CJ ~.- ._ ~ t.. Q...J ~ c. ~ -< ~ Applicant: Meyer-Lamph Development Group, LTD. Owner: Patrick J. and Benigna T. Kotzur Agent: Same as Applicant and Cook Mortgage, Inc. - Ralph Cook Property Area: Coastal Bend Subdivision, Block 2, lot 7, located north of Northwest Boulevard and 575 feet east of County Road 69. - <Il ~ = =" ~ ~ .: = o N To: "B-4" General Business District Area: 1.057 Purpose of Request: To allow a 7,000 square foot auto parts and sales building with no service bays, that exceeds the matter of right allowable building square footage for such use. <Il ~ <Il ;J "C = CliS ..J "C = CliS ~ = .c; o N C!i = .- ... <Il .- ;.<1 ~ --- ---.-- - Zoning Existing Land Use Future Land Use Site "B-] " Neighborhood V acant lot Commercial, office, multi- Business District family North "R-] B" One-family Public/School Property Public/School Dwelling District .._-. South "B-4 " General Business Shopping Center and Commercial, office, multi- District auto sales and parts use family East "B-1" Neighborhood Car Wash Commercial, office, multi- I Business District family Bank Commercial, office, multi- . West "B-1 "NeIghborhood L__J Business District family ~ <Il Q.,= CliS 0 ~~ ~~ ~> -< ! Area Development Plan: Northwest Area Development Plan (NW ADP) -The future I land use map supports commercial, professional office and multi-family development. I Map: 067051 I Zoning Violations: None Zomng Report Case No. 0106-09 (\1eyer-Lamph Development. LTD) Page 2 · Applicant requesting a change of zoning from "B-1" Neighborhood Business District to "B-4" General Business District, to allow for an auto parts and service building with no service bays, which exceeds the matter of right allowable building square footage for such use. · The subject property consists of 1.057 acres and is located along Northwest Boulevard, an arterial roadway and east of County Road 69. · Development immediately to the east and west of the subject property is a car wash and bank within a strip of "B-1" District property. To the north is public/school property. Along Northwest Boulevard to the south is a strip on "B-4" District property developed with an auto parts use and strip commercial center ~, lo. C':l E E = Vl . '" E: C':l ... Vl . · Property south and across Northwest Boulevard, from the subject property was originally annexed in 1980 and zoned a "F-R" District. In 1983, such property was rezoned to a "B-4" District which extended south from Northwest Boulevard into the current River Ridge Subdivision. In 1992, the current River Ridge Subdivision was rezoned to a "R-1A" District. Property fronting Northwest Boulevard to the south retamed the "B-4" District classification. The proposed auto parts and service use is currently allowed in the existing "B-1" Neighborhood Business District, providing the building is less than 3,000 square feet in gross area with no service bays. The requested change of zoning is to accommodate a 7,000 square foot building with no service bays for a permitted use in the existing zoning. The auto parts and sales use IS the only use in the "B-1" District that has a building square footage limitation All other permitted uses are not restricted by a building square footage. . Since the property is over an acre in area, sufficient open space and setback of the proposed building from the school property to the north is provided. The proposed site plan mdicates that the rear setback of building is approximately 110 feet from the school site . Property cast and west of the subject property is zoned "B-1" Neighborhood Business. Such zoning should be retained along this established section. A Special Pern1it in the existing zoning district, allowing a 7,000 square foot building with no service bays for the auto parts and sales use could accommodate the request. Zornng Report (ase No. 0106-09 (l'vleyer-Lamph Development, LID) Page 3 ~ o ~ .... ~ ~ I- .... r.r; '" .... = ~ .... Q;:S IJJ T - - - - Str-eet 1- - Type I Northw~st Boukvard Art~ia] ---- I I Paved Section Volume 2001 25,090 a.d.t. 120' R.O.W. wi 76' pavement and center turning lane 80' to 120'R.O.W. wi 48' Bk. to bk. avement 920 a.d,t. +R~~~I.. -~_.__.. ~Art~iallCollector_ .. f-- ~.- - - .... .... - I County Road 69 i f- I I The subject property IS platted. .... = '" ~ .... e fl .... e ; e Q.~ QU = .= .... ~ -e = ~ e e ~ (J ~ 0:: Q eo: .... IJJ As a matter of right, the "B-1 " District allows for an auto parts and sales use providing the building does not exceed 3,000 square feet. Since the property is over an acre in area, sufficient open space and setback of the proposed building from the school property to the north is provided. Denial of the "B-4" General Business District and in lieu thereof, approval of a Special I Permit subject to a site plan and the following two (2) conditions: USE: The only use authorized by this Special Permit other than the basic "B-1" Neighborhood Business District on the subject property is an enclosed 7,000 square foot auto parts and sales building with no service bays. J TIME LIMIT: The Special Permit shall be deemed to have expired within one (1 ) year from the date of this ordinance unless the property is being used as outlined in Condition #1 and in compliance with all other conditions. = .: = ~ ~ -S .~ e-e ~ = U E t)J)E .5 ~ = ("j = 4J ~O:: Q;: Denial of the "B-4" General Business District and in lieu thereof, approval of a Special Permit subject to a site plan and the following two (2) conditions: USE: The only use authorized by this Special Permit other than the basic "B-1" Neighborhood Business District on the subject property is an enclosed 7,000 square foot auto parts and sales building with no service bays. 2. TIME LIMIT: The Special Permit shall be deemed to have expired within one ( 1) year from the date of this ordinance unless the property is being used as outlined in Condition #1 and in compliance with all other conditions. "" ....-e = 4J 4J > e .- e 8 ~ 4J U~ Number of Notices Mailed Favor 0 Opposition 0 (As of January 20,2006) 18 Attachments: Zoning Map Site Plan i I:\PIN-[HRSHARED( iAIL\WORll lONRPTS200b\JanuaryIOl06-09CCRFPORTdoc &u ~ ~ R-1B...J J- ...., ~ ~ ...J CAlALlEN IN DEPENDENT SCHOOL DISTRICT R-1B R-1B 2 6 1 8-4 1 NORTHWEST 8l VQ .. .I 0) co o' Q:: >- I- 2 ,:) o u 8-4 6 R-1 1 Case No. Z01 06-09 Notice Map 09JAN06/HK m."..~,. ~t1;' :.::' ":: . ': _ ); '. '. ~_~....I.'~ ~.' ~':J"~ .--- '-- F.R Farm Rural District RE Residential Estate District RA One Family Dwelling District R-1A One Family Dwelling District R-1B One Family Dwelling District R-1C One Family Dwelling District R-TH Townhouse Dwelling District R-2 Multiple Dwelling District T-1A Travel Trailer Park District T-1B Manufactured Home Park Dist. T.1C Manufactured Home Subdivision District A.1 Apartment House District A.1A Apartment House District A.2 Apartment House District A T Apartment- Tourist District AS Professional Office District B-1 Neighborhood Business District B-1A Neighborhood Business District B-2A Barrier Island Business District B.2 Bayfron! Business District BD Corpus Christi Beach Design Dist. B-3 Business District B-4 General Business District B-5 Primary Business District B.6 Primary Business Core District G I Si Team ~~W~t~t ~ NORTH 0 100 200 I Feet 1-1 Limited Industrial District 1-2 Light Industrial District 1-3 Heavy Industrial District SP Special Permit He Historical-Cultural Landmark Preservation PUD Planned Unit Development ..c= &1 ~ u ~ I ~ c5o-1 S-Ofl- c. I r'~ .( i5 + o - J- N\Q\fl ~------- ------ ..------------ ------- -- ---------------------------------- k. ---=::.:::~ :r--. =1 .~ SL '66Z . I -L1 <:?~ 'J~ I ~ ~ I . - !I . t 1'! I>J ::::---- r--- __ I "'- v:: 8. ..... ---- r------~- , U~ ~~ 1 I_~--j --- ----------- I MINUTES REGULAR PLANNING COMMISSION MEETING Council Chambers- City Hall Wednesday - January 25,2006 Tabled Zoning d 0106-09 Meyer-Lamph Development Group, Ltd.: From "B-1" Neighborhood Business District to a "B-4" General Business District Coastal Bend Subdivision, Block 2, Lot 7, located north of Northwest Boulevard and 575 feet east of County Road 69. Faryce Goode-Macon stated that the above case was a zoning request from a "B-1" Neighborhood Business District to a "B-4" General Business District for development of a 7,000 square foot auto parts and sales busmess. There will be no service bays at this facility. The applicant is requestmg a change in zoning since the size of the structure exceeds the maximum 3,000 allowed square footage WIthin the "B-1" DIstrict. The surrounding area consists of commercial and multi-family uses. Staff recommends denial of the "B-4" Neighborhood Business District and, in lieu thereof, approval of a SpeCial Use Permit. Public hearing was opened. Ralph Cook, 6398 County Road A, Corpus Christi, Texas stated that the business is very compatible with the surrounding businesses and have received favorable comments from these businesses. The "B-4" DistrIct which is located further east of the subject property and across Northwest Boulevard has been in existence for some time and the subject property does not abut to any residential properties. Mr. Cook stated that the special permit would be acceptable to the applicants' and would support Staffs recommendation. Scott Meyer, Meyer-Lamph Development Group, LTD., 5111 N. McColl Rd., McAllen, Texas stated that Meyer-Lamph plans to locate approximately ten stores within the next ten years in the Corpus Christi area. Mr. Meyer stated that they are developers for Advanced Auto Parts and are available for any questions. The special pemllt would be acceptable but the original zoning request would be preferred. In answer to Commissioner Martinez's question, Mr. Meyer stated that they concurred with the conditions of the special permit that this development would be built within one year. Steve Curtis, Advanced Auto Parts., Roland Oak, Virginia, stated that they will accept the Special Permit, but the limited slgnage will probably become an issue with their company management team. CommiSSIOner Huerta stated that the City is in the process of modifying the sign ordinance which deals with the zoning districts and surrounding arterials which may change the signage in the "B-1" District and all other districts. Commissioner Skrobarczyk stated that the subject property may be able to advertise more effectively with a smaller sign in a more appealing way. Plannmg CommissIon Mmutes Case No 111!)-()9 (Meyer-Lamph Development (,roup. Inc.) Page ~ Commissioner Pusky stated that the City is attempting to correct the "B-4" District unlimited slgnage provision. I agree \\llth CommissIOner Skrobarczyk that some different signage may be in order. Public hearing was closed. Motion for demal of the "B-4" General Business District and approval ofa Special Permit subject (u two (2) conditions and a Stte plan was made by Commissioner Pusley and seconded by Commissioner (iarza. Motion passed unammously with Commissioner Salazar being absent. H\PI N-IlIR SHARED(iAI1\\vORP AGENDMEM\2006\ranuary\Ol06-0l)J\.'linutes Excerptdoc Page 1 of 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY MEYER-LAMPH DEVELOPMENT GROUP, LTD., BY CHANGING THE ZONING MAP IN REFERENCE TO COASTAL BEND SUBDIVISION, LOT 7, BLOCK 2, LOCATED NORTH OF NORTHWEST BOULEVARD AND 575 FEET EAST OF COUNTY ROAD 69 (CURRENTLY ZONED "B-1" NEIGHBORHOOD BUSINESS DISTRICT) BY GRANTING A SPECIAL PERMIT FOR A 7,000 SQUARE FOOT AUTO PARTS SALES STRUCTURE, SUBJECT TO A SITE PLAN AND TWO (2) 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 conceming the application of Meyer-Lamph Development Group, L TD, 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, January 25, 2006, during a meeting of the Planning Commission, and on Tuesday, February 28, 2006 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 granting a Special Permit for a 7,000 square foot auto parts sales structure, subject to a site plan and two (2) conditions (currently zoned "B-1" Neighborhood Business District), located along the north side of Northwest Boulevard 575 feet east of County Road 69. (Map 067051) (Exhibit) SECTION 2. That the Special Permit granted in Section 1 of this Ordinance is subject to a site plan attached as Exhibit A and the following two (2) conditions: 1. Use: The only use authorized by this Special Permit other than the basic "B-1" Neighborhood Business District on the subject property is an enclosed 7,000 square foot auto parts and sales building witt1 no service bays. 2. Time Limit: The Special Permit shall be deemed to have expired within one (1) year from the date of this ordinance unless the property is being used as outlined in Condition #1 and in compliance with all other conditions. H :ILE G-DIRIgaryws\garywslagenda\2006\02-2810 1 06-09AL TZoningMEYER. 1.doc P~ge 2 of 3 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 28th day of February, 2006. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Henry Garrett Mayor, The City of Corpus Christi APPROVED: February 22,2006 /] Jic(\Jm~ ci::;w. Smith Assistant City Attorney For City Attorney H:\LEG-DIRIgarywslgarywslagenda\2006102-28\0106-09AL TZoningMEYER.1.doc Page 3 of 3 Corpus Christi, Texas day of ,2006 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 Marez William Kelly Jesse Noyola Rex Kinnison Melody Cooper Mark Scott H :\LEG-DI R\garyws\garyws\agenda\2006\02-28\O 1 06-09AL TZoningMEYER. 1.doc PRELIMINARY SITEPLAN ADVANCE AUTO PARTS STORE Legal Description: Lot 7, Blocl2, Coastal Bend Su.bdv. Lot Size: 46.044 SF (1.057 Acres) Zoning: B.I (wi Special Permit allowing 7.000 $f) Flood Plain: C Parking Spaces: 36 ~ 4" CuJipet Crape Myrtle.s Mcyer-L4ml:>h Development Group, L TO. Scott Meyer (956) 686-0000 ph (956) 686-0519 ex Smeyet 1 039@nol.com Revision Date; 2-13-06 y ...Y I~----- r , I ! r----i me I Bank I I I I i / ~- L. .------. --------------_/ Q "G=J "Wun. DcOOr c::::> M"'ta/f' --~\ ~ 3 ~ .... v .::: t:::. 9 d 30'- r 950' 154.02' ~ ~ H;;:'~II.;;;' . _ '---""7 4 I h *i1 /.~ ( $, ;:O~6' ish locaJion UPODCO hIJi' I~ I" .'1 . . !.;': .~) I ~ .R; 7.000 SF 8-h83 Ui Comet Entry Buildins aNI" Car wash IO~' S.tbllok ! J ~~ - "-~624 . ... "'u!lIre'rXOO1' M",w, . - C f-\~ : 0, Df.o -07 S ~ {. -e -:P (1\"1') HOCl..:J HdC: l : S 90C:- l c:-c: 30 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: February 28. 2006 AGENDA ITEM: City Council consideration of an appeal by Isrnael Garcia of a Building Standards Board decision to require demolition of the structure located at Lot 36, Block 1 of the Woodriver 5 Subdivision, commonly known as 4314 Spring Creek. ISSUE: Mr. Ismael Garcia (property owner) has requested the City Council to hear and consider an appeal of the Building Standards Board decision ordering demolition of the structure on the property in accordance with City Code, Section 13-28 (Failure to meet minimum building standards) . The Building Standards Board ordered demolition of the subject property on December 15, 2005. Notice of Appeal: Section 13-28 (a) of the City Code of Ordinances provides that whenever it is claimed that the decision of the Building Standards Board is erroneous, or that the decision of the Board would cause undue hardship, the owner or occupant may appeal from the Board's decision to the City Council. Section 13-28 (a) states that the appeal shall state specifically the error alleged to have been committed by the Board. In this case, the owner states the Board's decision was erroneous and that the decision would cause undue hardship to Mr. Garcia, the owner of the property. REQUIRED COUNCIL ACTION: Council may consider the following actions: 1. Deny the appeal (thereby upholding the Building Standards Board order), or 2. Sustain the appeal (thereby reversing the Board's order in whole or in part). Specifically, Section 13-28 (b) of the City Code of Ordinances provides that the City Council may vary the application of any provision of Chapter 13 of the City Code, Article II, Building and Housing Standards, when enforcement would do manifest injustice and would be contrary to the spirit and purpose of the code or public interest or when, in City COlXlcil's opinion, the decision of the board should be modified or reversed. Under Section 13-28 of the Code, a decision to modify or reverse an order of the board in whole or in part shall specify the following: (1) in what manner such modification is made, (2) the conditions upon which it is made, and (3) the reasons therefore. Should the City Council desire to modify or reverse the Board's order, staff recommends that Council set deadlines for any required action, and that the Zoning/Code Enforcement Administrator be authorized to demolish the structure upon the owner's failure to comply with the City Council's decision. The decision of the City Council is final unless the aggrieved party appeals by instituting a suit within fifteen days from the date on which the City Council rendered the decision. Recommended Process: The proceeding should be informal. In deciding this case, the Council acts in a quasi-judicial capacity; i.e., it will determine what the facts are and determine whether the structure requires demolition. The Council will consider only information relevant to those issues. At the outset, staff can summarize the agenda the agenda memorandum and its attachments. Then the Council chooses to hear such comment, this could be done after argument of the parties, but before Council deliberation. PREVIOUS COUNCIL ACTION: No prior council action related to this case. FUNDING: No Funding involved. CONCLUSION AND RECOMMENDATION: City Staff recommends that the City Council uphold the Building Standards Board decision to require demolition of the structure; but, does not recommend the additional removal of the foundation, driveway, and underground utilities. The order is in accordance to Section 13-26 (G), (1), (c) of the City of Corpus Christi Code of Ordinances allowing thirty (30) days to obtain a permit and thirty (30) days to complete the demolition of the structure located at 4314 Spring Creek (Woodriver5, Lot 36, Block 1). Attachments: Case Chronology (Exhibit 1) Case exhibit documentation (Exhibit 3 - 22) ChronoloD List: (Exhibit 1) 4314 Spring Creek Drive Standard Operatin2 Procedures & Buildin2 Housin2 Standard Code Section 13-28 (Exhibit 2) February 2. 2002 (Exhibit 3) · Structure sustained fire damage · Fire Investigation Report conducted (CC Fire Dept.) · Care of Premise concerns from Police September 17. 2003 · Care of premise complaint received for high weeds · No violation due to property mowed January 7. 2004 ,Exhibit 4) · Certified notification of violation sent to remove or repair fire damaged structure. · Certified mail signed Janua" 29. 2004 (Exhibit 5) · Letter from Burkett Law Firm stating they are currently litigating the building and restoration of the home and requested City to abate all proceedings until disposition of claim with insurance company. September 13. 2004 ,Exhibit 6) · Certified notification of violation sent for high weeds and open storage of debris. · Certified mail signed November 22. 2004 ,Exhibit 7) · Property cleaned by City contractor December 17. 2004 (Exhibit 8) · Certified NVB notice sent to board up residence · Certified mail (unclaimed) February 22. 2005 (Exhibit 9) · City contractor bids for board up of residence February 23. 2005 (Exhibit 10) · Certified Bid result letter sent to owner · Certified mail signed March 4. 2005 'Exhibit 11) · Mr. Ismael Garcia called to meet inspector for instructions to board up structure March 8. 2005 · Inspector met with Mr. Ismael Garcia on site March 11-31. 2005 'Exhibit 12) · Structure boarded up by owner · Letter from owner stating property will be sold within 3-6 months May 31.2005 · Received complaint by Wood River Association requesting care of premise inspection of property June 16. 2005 (Exhibit 13~ · Initiated substandard structure investigation and survey indicating 50% deterioration June 24. 2005 (Exhibit 14) · Certified notification of violation letter sent (Building and Housing Standards Code) · Certified mail unclaimed October 6. 2005 'Exhibit 15) · 2nd Certified notification letter to property owners (Final Notice) · Certified mail unclaimed October 12. 2005 · Mr. Garcia met with Code Enforcement officials and was informed that structure will be presented to Building Standards Board in December 2005' November 10. 2005 'Exhibit 16) · Owner requests fire survey from Development Services November 21. 2005 'Exhibit 17) · Development Services conducts fire survey November 28.2005 (Exhibit 18) · Certified Notification Letter to owners for scheduled public hearing before Building Standards Board · Certified mail signed December 15. 2005 'Exhibit 19) · Building Standard Board minutes and ordered demolition. December 21. 2005 'Exhibit 20) · Certified Notification of results of Building Standard Board Hearing to property owner with excerpts of minutes · Certified mail signed January 9. 2006 (Exhibit 21) · Request for appeal received from property owner to City Secretary's office PhotograDhs of Residence 'Exhibit 22) (Exhibit 1) Nei!!hborhood Services Department Duildin!! and Housinl! Standards Operatinl! Procedures Goal: Code Enforcement is responsible for enforcing codes which address public health and safety issues, including elimination of substandard structures from the City of Corpus Christi. Objective: Enforcement actions are taken both proactively and in response to requests for action received from citizens. To work with property owners whose structures are in need of repair or require demolition. · Step 1- Initial site inspection includes a detail survey report, placard (if vacant), photos, and percentage of deterioration. · Step 2- Certified letter of violation and survey is mailed to owner to advise necessary compliance within thirty (30) days. · Step 3- Ifviolations are not corrected, case will be submitted to Building Standards Board hearing for review. · Step 4- At public hearing the Building Standard Board will listen to property owner's objective for the structure. · Step 5- The Building Standard Board will decide to grant owner's request or accept staff recommendation and set specific time frame in which repairs or demolition is to be performed. Exhibit ~ CODE ENFORCEMENT. HOUSING, ETC. such exception shall be conditioned in such man- ner as to achieve that end. Such conditions may include restrictions not generally specified by this code. Exceptions granted in accordance with this subsection may be subject to review by the city council. (1966 Supp., ~ 11-20; Old. No. 9811, ~ 1, 6-24- 1970; Ord. No. 13546, f l(F), 1-5-1977) (' Sec. 18-28. Appeals. (a) Whenever it is claimed that the decision of the building standards board is erroneous, or that the decision of the board would cause undue hardship, the owner or occupant, or his duly authorized agent, may appeal from the decision of the board to the city council. The decision of the board is final unless notice of appeal to the city council is given. Notice of appeal from the deci- sion of the board shall be in writing and filed with the city secretary within fifteen (15) days after the date of written decision rendered by the board. The appeal shall state specifically the e;ror alleged to have been committed by the board. (b) When an appeal is pending, all orders of the board shall be suspended in their operation. The city council, on appeal, may vary the appli- cation of any provision of this code to any partic- ular case when the enforcement thereof would do manifest injustice and would be contrary to the spirit and purpose of this s;:ode or public interest or when, in its opinion, the decision of the board should be modified or reversed. (1) A decision of the city council to vary the application of any provision of this code or to modify an order of the board in whole or in part shall specify in what manner such modification is made, the conditions upon which it is made and the reasons therefor. (2) If the decision of the city council reverses or modifies the refusal, order, or disallow- ance of the board or varies the application of any provision of this code, the official shall immediately take action in accor- dance with such decision. (c) The decision of the city council shall be final unleSs the aggrieved party appeals by insti- tuting suit for that purpose in any court having Exhibit 2 I 13-30 jurisdiction within fifteen (15) days from the date on which the decision of the city council was rendered. (1966 Supp., ~ 11-20A; Ord. No. 9811, ~ I, 6-24. 1970; Old. No. 13546, ~ l(G), 1-5-1977) Sec. 13.29. Penalty. Any person who shall willfully refuse or fail to leave a building which has been ordered vacated under the terms of this article or who shall enter a building which has been ordered vacated under the terms ofthis article or who shall enter an area around such building that has been declared to be dangerous and notice of which declaration shall have been posted or any person who shall inter- fere with or hinder the vacation, repair or demo- lition of any building under the terms of this article or who shall procure the violation of any provision of this article shall be deemed guilty of a misdemeanor and upon conviction shall be fined as provided in section 1-6, and each day's viola- tion shall constitute a separate and distinct of. fense. In case the owner or occupant of any substandard building ordered vacated, repaired or demolished under the terms of this article shall be a corporation and shall violate or shall procure the violation of any provision of this article, the president, vlcfrpresident, secretary or treasurer of such corporation shall be severally liable for the penalties therein provided. (1966 Supp., ~ 11-20(C); Old. No. 9811, ~ I, 6-24-1970) Sec. 13-30. Disposition of items of personal property in buildings to be de- molished. In the event there are items of personal prop- erty in the premises to be demolished, according to the provisions of section 13-26, additional no- tice as per section 13-26(C) shall be given to the effect that if such items of personal property are not removed from.the premises within thirty (80) days, they shall be placed in storage for a period of ninety (90) days. During this period they may be redeemed by the owner after all costs incurred in placing the items in storage and all accumu- lated storage fees have been paid In the event that the property is not redeemed within ninety (90) days the city may cause the same to be sold at CORPUS CHRISTI FIRE DEPARTMENT Fire Prevention Bureau Fire Investigation Report i )ATE. 2- -02 TIM!.: 00:50 RUN NO: 2520 I (lCA TI 0 ~ 4314 Spring ( 'reek IWNEF: bmael (Iarcia (lCCUPANT 1: Josle Alamz t ICCUPANT 2: OCCUPANCY: Dwelling ONSTKl:CTJON TYPE: Wood frame (. A USE: l ndetermined FIRE ORICllNA TED: Northwest bedroom I\IDED IN SPREAD: lJndetermined fYPE OF MATERIAL I GN ITED: Undetermined DAMAGE: Heavy fire and smoke damage to west end of structure. DEA TH/INJURY ~AME: AGE: ADDRESS. EXTENT: INVESTIGATION Exhibit 3 TRACT: 2002 R.UN NO.: 2520 DATI; OF iNVESTIGATION: 2-7-02 II ME OF INVESTIGATION: 02:00 DETAILS: This incident was in a northwest 1 sl floor bedroom of this two story dwelling. Noone was home at the time of the fire and there wcre very little furnishings in the structure. The room of origin did not have fire loading to sustain the amount of damage in the room. The cause of thc firc is undetermincd but suspicious at this time. P.D. was on the scene for a report and LD. for photos. This incident is still under investigation pending further information. ~ "~~Q itt2su,? 9--- ike Borden, Fire Investigator CITY OF CORPUS CHRISTI DEPARTMENT OF NEIGHBORHOOD SERVICES January 7, 2004 CERTIFIED # 7001 25100001 62786228 9821-0001-0360 ISMAEL H GARCIA 6617 WEBER RD #3111 CORPUS CHRISTI TX 78413 RE 4314 SPRING CREEK DR WOOD RIVER 5 L T 36 BLK 1 On December 11 , 2003, an investigation found violations of the Code of Ordinances of the City of Corpus Christi, on the above property. Please correct these violation(s) within seven (7) days of receipt of this notice. A copy of the applicable ordinance section(s) is attached for your review and is incorporated in this notice by reference CLEAN-UP MUST BE COMPLETED WITHIN SEVEN (7) DAYS OF THE DATE OF THIS NOTICE. This is the only notice that you will receive. Failure to correct the violation(s) will result in the City performing the work without further notice and at your expense. In addition, the City will file a lien for the cost of administrative and corrective expenses to remedy the violations. Additionally, criminal charges may be filed in Municipal Court against the owner and occupant for violation(s) of the City Code of Ordinances. Under Sec. 1-6 of the Code of Ordinances, you may be subject to a maximum penalty of $500.00 and each day a violation continues constitutes a separate and distinct offense. IMPORTANT NOTICE: In accordance with section 23-70(d) of the Code, this Notice of Violation also serves as the one and only notice required by the Code for any future violation(s) of the same kind or nature. If you commit another violatlon(s), as attached, that poses a danger to the public health and safety before the first anniversary of the date of this notice, the City, without further notice and at your expense. will take the appropriate action to correct the violation(s), and file a lien aQainst your property for the cost of the corrective action taken. If ownership of this property changes in any way within the next twelve (12) months, you must notify the City in writina of such change to prevent further charges and fines for violation(s), and file a lien aaainst your property for the cost of the corrective action taken. IT IS IMPORTANT THAT YOU TAKE THE REQUIRED ACTIONS STATED IN THIS NOTICE. If If you have any questions, you may call between 8:00 and 9:00 a.m., weekdays at (361) 880-3030. Sincerely, DIANA MARTINEZ Property Advisor 03-00011183 Exhibit 4 P.O. Box 9277 Corpus Christi, Texas 78469-9277 (361) 880-3030 :'P:SE NUMBEh )ROPERTY ADDRESS U3 COOJ1HU 4314 SPRING CREEK DR - - - - - - - - - - - - - . - - - - - - - - - - - - - - - - - - - - - VIOLATION: FAIL TO MEET MINIMUM STDS )ESCRIPTION: SEC 13-25 LOCATION: QUANTITY: 1 DATE: 12/19/03 NARRATIVE : MUST REMOVE OR REPAIR FIRE DAMAGE STRUCTURE ORDINANCE DESCRIPTION : ALL BUILDINGS OR STRUCTURES WHICH HAVE ANY OR ALL OF THE FOLLOWING DEFECTS OR LACK OF FACILITIES SHALL BE DEEMED SUBSTANDARD BUILDINGS: 1. ALL BUILDINGS OR STRUCTURES NOT IN CONFORMITY WITH THIS CODE. 2. ALL BUILDINGS OR STRUCTURES WHICH HAVE PIT PRIVIES WHERE THE SAME ARE NOT PERMITTED BY LAW OR WHICH ARE NOT CONNECTED TO THE CITY SEWER WHEN REQUIRED BY LAW, OR WHERE INADEQUATE AND UNSANITARY PIT PRIVIES OR SEPTIC TANKS EXIST. 3. ALL BUILDINGS OR STRUCTURES THAT HAVE BECOME DETERIORATED THROUGH ACCIDENT OR LACK OF REPAIR OR NATURAL CAUSES OR BY DAMAGE THROUGH EXPOSURE TO THE ELEMENTS, ESPECIALLY WINDS, HAIL OR RAIN, OR DAMAGE THROUGH FIRE TO THE EXTENT THAT THE ROOF, WINDOWS AND DOORS OR PORTIONS OF THE BUILDING OR STRUCTURE WHICH PROTECT FROM THE WEATHER WILL NO LONGER PROTECT THE WEATHER. 4. ALL BUILDINGS OR STRUCTURES WHICH CONSTITUTE OR IN WHICH ARE MAINTAINED FIRE HAZARDS AS THAT TERM IS DEFINED THROUGH THE FIRE PRVENTION CODE OF THE CITY. 5. ALL BUILDINGS OR STRUCTURES WHICH ARE SO STRUCTURALLY DETERIORATED THAT THEY ARE IN DANGER OF COLLAPSE OR WHICH CANNOT BE EXPECTED TO WITHSTAND WINDS OF HURRICANE FORCE. 6. ALL BUILDINGS OR STRUCTURES SO CONSTRUCTED OR PERMITTED TO BE SO CONSTRUCTED AS TO CONSTITUTE A MENACE TO HEALTH OR SAFETY, INCLUDING ALL CONDITIONS CONDUCIVE TO THE HARBORING OF RATS OR MICE OR OTHER DISEASE-CARRYING ANIMALS OR INSECTS REASONABLY CALCULATED TO SPREAD DISEASE AND INCLUDING SUCH CONDITIONS HAZARDOUS TO SAFETY AS INADEQUATE BRACING OR THE USE OF DETERIORATED MATERIALS. 7. ALL BUILDINGS OR STRUCTURES, WHETHER OR NOT IN USE, WHICH ARE UNSAFE, UNSANITARY, UNFIT FOR HUMAN HABITATION, OR NOT PROVIDED WITH ADEQUATE EGRESS, OR WHICH CONSTITUTE A FIRE HAZARD, OR ARE OTHERWISE DANGEROUS TO HUMAN LIFE, OR WHICH IN RELATION TO THE EXISTING USE CONSTITUTE A HAZARD TO SAFETY OR HEALTH BY REASON OF INADEQUATE MAINTENANCE, DILAPIDATION, OBSOLESENCE OR ABANDONMENT ARE UNSAFE BUILDINGS. ALL UNSAFE BUILDINGS ARE HEREBY DECLARED ILLEGAL AND SHALL BE ABATED BY REPAIR AND REHABILITATION OR BY DEMOLITION IN ACCORDANCE SET FORTH IN THIS CODE. . Complete Items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mailplece. or or, the front if space permits. A. Signature SENDEr COMPLE 1 f: THI:; SECTION ~o 'PiETE THI:" SECTION ON DELIVERY x B t;, O. Is delivery address different from item 17 " YES, enter delivery address below: -, 7,;- Jle' '.'1< ]:.I, ft. ,T.' ) ~, ~)~ "::) '~ Ii i r / I ~~ice Type Certified Mall o Registered o Insured Mail '( o Express Mail o Return Receipt for Merchandise o C.O.D. 4. Restricted Delivery? (Extra Fee) DYes 2 7001 2510 0001 6278 6228 PS Fornl 3811 , August 2001 Domestic Return Receipt 1 02595-02-M-l 035 7001 251 o 0001 6278 6228 r! cj ~~ ~..- Qi !. g~ a. 11 U II fQ 2~~:JJ ~ : l~ l~ ~ ~ ~~ E~' ~. J' Gl ~~ i~ !l ~ ~~MAEL H GARCIA bbl~.' WFP~~ CD #-1- -, (/ L, L' 1\ "i' I COR~'U~::;HRISTI ~X '78413 ACC"" # "s". " - j . 'Ll-0001-0360 C): 0 en' ,?! 1, t f.9i ~~f _0': ~~: ~! ~;! J1: . 0: ": rJ -J "U III .. - OJ 3 !!l ^ THE BURKETT LAW FIRM David T. Burkett Board Certified Personal Injury Trial Law Texas Board of Legal Specialization 538 S. Tancahua Corpus Christi, Texas 78401 361) 882-8822 361) 883-0773 Legal Assistants Eddie Perez Bobby Garza Diana Harris Medical Department Marsha Burkett, ESRN Mark De Koch Antonio Gonzalez Perry E. Burkett ( 1920-1990) January 29,2004 Diana Martinez City of Corpus Christi Dept. of Neighborhood Services PO. Box 9277 Corpus Christi, Texas 78469-9277 RE: Cause No. 04-60051-1; Josie Alaniz vs. Farmers Insurance Exchange and Fire Insurance Exchange; In the County Court at Law Number One; Nueces COUDty, Texas Dear Ms. Martinez: I have been provided a copy of your Notice of Violation to Ismael Garcia and Josie Alaniz in reference to the property located at 4314 Spring Creek Drive, Wood River 5 Lt 36 Block 1. We are currently litigating the building and restoration of the home with their insurance company and are requesting that you abate all proceedfugs against Ms. Alaniz and Mr. Garcia until the disposition of their claim with their insurance company. Should you have any questions or require additional information, please do not hesitate to contact me. Thank you for your prompt attention to this matter. Sincerely, DTB/ep .~ {lA We ~1'--~ Mil /it "AM&~fe~ '0\ David T. Burkett CITY OF CORPUS CHRISTI DEPARTMENT OF NEIGHBORHOOD SERVICES September 13, 2004 CERTIFIED # 70041350000047678075 9821-0001-0360 ISMAEL H GARCIA 6617 WEBER RD #3111 CORPUS CHRISTI TX 78413 RE: 4314 SPRING CREEK DR WOOD RIVER 5 L T 36 BLK 1 On September 02, 2004, an investigation found violations of the Code of Ordinances of the City of Corpus ChristL on the above property. Please correct these violation(s) within seven (7) days of receipt of this notice A copy of the applicable ordinance section(s) is attached for your review and is incorporated in this notice by reference CLEAN-UP MUST BE COMPLETED WITHIN SEVEN (7) DAYS OF THE DATE OF THIS NOTICE. This is the only notice that you will receive. Failure to correct the violation(s) will result in the City performing the work without further notice and at your expense. In addition, the City will file a lien for the cost of administrative and corrective expenses to remedy the violations. Additionally, criminal charges may be filed in Municipal Court against the owner and occupant for violation(s) of the City Code of Ordinances. Under Sec. 1-6 of the Code of Ordinances, you may be subject to a maximum penalty of $2,000.00 and each day a violation continues constitutes a separate and distinct offense. IMPORTANT NOTICE: In accordance with section 23-70(d) of the Code, this Notice of Violation also serves as the one and only notice required by the Code for any future violation(s) of the same kind or nature. If you commit another violation(s), as attached, that poses a danger to the public health and safety before the first anniversary of the date of this notice. the City, without further notice and at your expense, will take the appropriate action to correct the violation(s), and file a lien aQainst your property for the cost ofthe corrective action taken. If ownership of this property changes in any way within the next twelve (12) months, you must notify the City in wrltinQ of sl,lch change to prevent further charges and fines for violation(s), and file a lien aQainst your property for the cost of the corrective action taken. IT IS IMPORTANT THAT YOU TAKE THE REQUIRED ACTIONS STATED IN THIS NOTICE. If If you have any questions, you may call between 8:00 and 9:00 a.m., weekdays at (361) 880-3030. Sincerely, MICHELLE ZUNIGA Property Advisor 04-00021356 Exhibit 6 P.o. Box 9277 Corpus Christi, Texas 78469-9277 (361) 880-3030 :ASL NUMBER )ROPERTY ADDRESS J4-0CiOLd56 4314 SPRING CREEK DR VIOLATION: OPEN STORAGE )ESCRIPTION: SEe 13-22 (306.4) LOCATION. QUANTITY: 1 DATE: 9/10/04 NARRATIVE DEBRIS AT REAR OF PROPERTY MUST BE CLEARED ORDINANCE DESCRIPTION BUILDING AND HOUSING STANDARDS CODE SEC 306.4 IT SHALL BE UNLAWFUL FOR THE OWNER OR OCCUPANT OF RESIDENTIAL BUILDING, STRUCTURE OR PROPERTY TO UTILIZE SUCH THE PREMISES OF SUCH RESIDENTIAL PROPERTY FOR THE OPEN STORAGE OF ANY ABANDONED MOTOR VEHICLE, ICE BOX, REFRIGERATOR, STOVE, GLASS, BUILDING MATERIAL, BUILDING RUBBISH OR SIMILAR ITEMS. IT SHALL BE THE DUTY AND RESPONSIBILITY OF EVERY SUCH OWNER OR OCCUPANT TO KEEP THE PREMISES CLEAN OF SUCH RESIDENTIAL PROPERTY CLEAN AND AND TO REMOVE FROM THE PREMISES ALL SUCH ABANDONED ITEMS AS LISTED ABOVE, INCLUDING BUT NOT LIMITED TO WEEDS, DEAD TREES, TRASH, GARBAGE, ETC., UPON NOTICE FROM THE BUILDING OFFICIAL "------- ----------------- ----------------------------------- VIOLATION: TALL WEEDS AND BRUSH )ESCRIPTION: SEC 23-68 LOCATION: QUANTITY: 1 DATE: 9/10/04 NARRATIVE HIGHWEEDS ON PROPERTY MUST BE MOW AND KEPT MAINTAIN ON REGULAR BASIS; TREES MUST BE TRIM 7FT FROM GROUND. ORDINANCE DESCRIPTION : NO PERSON WHO OWNS OR OCCUPIES ANY LOT OR PARCEL OF LAND IN THE CITY MAY PERMIT OR ALLOW WEEDS OR BRUSH 12" OR HIGHER TO GROW ON THE LOT OR PARCEL OF LAND. SEC 23-70. WORK OR IMPROVEMENTS BY MUNICIPALITY. (a)IF THE OWNER OF PROPERTY IN THE MUNICIPALITY DOES NOT CIMPLY WITH A MUNICIPAL ORDIN~CE OR REQUIREMENT RELATING TO STAGNANT WATER, FILTH, CARRION, WEEDS, RUBBISH, BRUDH, AND OTHER OBJECTIONABLE, UNSIGHTLY, UNWHOLESOME, OR UNSANITARY MATTER, OR CONDITIONS UNDER THIS CHAPTER WITHIN SEVEN (7) DAYS OF NOTICE OF A VIOLATION, THE DIRECTOR OF PUBLIC HEALTH, THE DIRECTOR OF HOUSING AND COMMUNITY DEVELOPMENT, OR DIRECTOR OF SOLID WASTE SERVICES, OR THEIR DESIGNEES, MAY: (1) DO THE WORK OR MAKE THE IMPROVEMENTS REQUIRED; AND (2) PAY FOR THE WORK DONE OR IMPROVEMENTS MADE AND CHARGE THE OWNER OF THE PROPERTY. . m!te~1lt!~~~ER s"" that we can return the card to you · Artach this card to the back of the mail pie e o o_nt~e front if space p~~~s illSlL- -~:- .~ ." f;-if" T ;~ L II .--- -) ... '1 ,-., _ ) -~ J cr:l- C\ Is delivery address different from item 1? If YES. ' enter delivery addre~elow: r C) ~ -'}--../ o No I: c' , II ~ ) T \) c--, '~ .) Se!)ice Type \i1r' Certified Mail o Registered o Insured Mail o Express Mail o Return Receipt for Merchandise o C.O.D. 4. Restricted Delivery? (Extra Fee) Yes Ar !ele Number (Transfer from service lat 7004 1350 0000 4767 8075 PS Form 3811. August 2001 Domestic Return Receipt 102595.01.M.2509 7004 1350 DODD 4767 0: 0 In: 111 m:II m ~:"'i: ~ -a il" il ilt1~T~IMD 0 ~:~~ '" a~ ail ~ 1': '.l ., t:D~ l~ ~ -0 .c:..:: ~ ......coO Q. 0 I: 11 --< E..- s- i: * [~Cil~ ~ '" ! i en _CD BCD lID CD 8075 : ISHAEL H GARCIA fi61? WEBER RD #3111 CORPUS CHRISTI TX 78413 ACeT # 9821-0001-0360 i( EXHIBIT - CLEAN-UP 4314 SPRING CREEK DR WOOD RIVER 5 LT 36 BIK I 9821-0001-0360 VACANT BUIlDING 04-00021356 A good clear picture showmg the condition of the property before cleaning and a good clear picture s hawing the condition of the prope rty a fte r cle a ning mus t be submitted prior to rece iving payment for the work. Failure to submit both pictures will lead to appropriate action up. to and including suspension from participating in the program. Clean Up Specifications . . A Leave all fencing and ~igns intact and in same state of repair as existing unless otherwise specified. B Cut all weeds, grass, brush, bushes (except ornamentals), and stumps to ground level. , , C Mow and trim (cut) around buildings, trees and fences. D Scrape and sweep all growth on sidewalks, curves, gulters and street. E. The cleaning of the lot mcludes the area between the front property line and the edge afthe roadway. This includes ditches and easements. F. None afthe materials pertaining to the foregoing may be places or otherwise located on adjoining prope rtie s . G Removal and disposition of salvage material must be approved by a Community Development representative in writing. H. All debris such as but not limited to paper, cans, bottles, tree limbs, mowed grasslweeds and otberunsightly matter must be disposed of at the City's landfill and a receipt from the landfill submitted prior to receiving payment. 1 Contractor must hand mow (where needed). J Trim trees 7ft from ground and 12 ftoverstreet. K. Do not leave any rubbish. debris, auto parts, fallen trees and furniture on property. Remove grass clippings from sidewalk and street. Contract Price $115.00 Company: CEASAR MARTINEZ (Agent signature) Exhibit 7 CITY OF CORPUS CHRISTI DEPARTMENT OF NEIGHBORHOOD SERVICES December 17, 2004 CERTIFIED # 7004 1350000047118 8296 9821-0001-0360 ISMAEL H GARCIA 6617 WEBER RD #3111 CORPUS CHRISTI TX 78413 RE 4314 SPRING CREEK DR WOOD RIVER 5 LT 36 BLK 1 On December 08,2004, an investigation found violations of Chapter 13, Article ill, of the Code of Ordinances of the City of Corpus Christi on the above property. The Administrator of the Zoning & Code Enforcement Division of the Neighborhood Services Department has determined that the above referenced building may be a vacant building. There are numerous entrances to the building found unsecured. In order to remedy the violation(s), you mus t immediately secure the building from unauthorized entrance. A copy of the a pplica b Ie ordinance is attache d for YOll r re vie wand is incorpora ted in this notice by refe rence. In a ddition to the immediate measures 0 f temporarily securing the building, you must secure the building from unauthorized entry by nonnal or other than normal means, as those teons are dermed in Section 13-3002, Code of Ordinances J within 14 days. A follow up inspection will be conducted after fourteen (14) days of receipt ofthL<; notice. Failure to take immediate action to temporarily secure the building will result in the City performing the work without further notice and at your expense, and the City may file a lien for the admll1istrative and cllITective expenses incurred to remedy the violations. In addition, the City may initiate authorized enforcement actions for the violations According to the real property records of Nueces County, you own the real property described in this notice. qyou no longer own the property, you must execute an affidavit ,,-tating that you no longer own the property and stating the name and last known address of the person who acquired the property from you. The affidavit must be delivered in person or by certified mail, return receipt requested, to this office not later than the 20th day after the date you receive this notice. If you do not send the affidavit, it will be presumed that you own the propeny described in this notice, even if you do not. IT IS IMPORTANT THAT YOU TAKE THE REQUIRED ACTIONS STATED IN THIS NOTICE. If you have any questions, you may contact our offices at (361) 880-3030 Sincere Iy. MICHELLE ZUNIGA Zoning &Code Enforcement Officer 04-00024594 End: eh. 13, Art. ill-Vacant Building Ordinance Affidavit of Non-Ownership Exhibit 8 / P.O Box 9277 Corpus Christi, Texas 78469-9277 (361) 880-3030 ~ '" .if. ...n ,.. 0 IT" '" ru <tJ Q ;.- f'} <tJ LU ~ ...n :e II ['- tfJ :::t" - ,.. c:c D -J Q D. C-) W CJ: D Z ) ~ D ::J W U1 ~ ::) IT1 n 0 :::t" W D a: D ?( ['- Q .., " I i ~ ~ ~ '~.r~~-.'.~..~ ; f ..;'~ :_') ; ,/,) :-.J ~. ~ i, ?- a: UJ > - ..-J ill o o ill r- () - a: r- OO ill a:: l.U U l ~.~...: C) L:t i--- ~ I"-~ - (-'__ r ~::::;.-= <-.._~ 0 ,,,,"-. :: _"'_.#' --;"0'" II!- ;= ;; <C ; c.n z Z-= 'J: ~~~ ;. = ~ ~ ~ :: ~l~ 11~ (Y) ....... ..qo roo r- \D ..-l (Y') ....... 0 .......Xl (Y)~..-l 0>(# 0 H HO UOE-tO P:;P:;tJll 0>( H..-l e>P:;P:;N r:a:x:ro :X:!:QUCTI r:a ...:l~tf.l# ~ ::> o>(r-o..E-t ~.......P:;U tJl\DQU H\DUo>( (IJHII4-4 rJJ',...( " O~~g!; . II 8~] III I UUU II t- t- N ~ ~ it II a=. t:l",r- - ~~~ ~ 2u~ ~ u ~ < ~ ~ r.I'l .. ~ == } 0.. S P j P/";! ~1 I ...... \ .- ..D .- r.I'J. ~ S u.:l = hdl /d~9' r ~ I I 0 .r---... ~ > d;h QJ rJ( D I g\ -< " .. U sa -..2) I er- r, ~ ~ I , gl ;;1 ;\ t; lU 21 t/ Q ~ 0 (2} Q1 ~v -9 0} l t - ~) J/7 ''fJjap (/ () 0 I I I N j ('~ ..0 c".{ ~ 3 r<) -"2 J "\S ~ L .. E ~~ \- = ~~ ~ ~ - ~ ~./ .. ~ ~~ ~ -:::t- <J ta E-i ~ ~ <:::J - (<) < ~ .--!3 c:<l ~ ~ = 0 - ::r- EXHIBIT - BOARD-UP 4314 SPRING CREEK DR 0001-0360 WOOD RIVER 5 L T 36 BLK 1 NEW VACANT BUILDING 9821- 04-00024594 A good clear picture showing the condition of the property before work and a good clear picture showing the condition of the property after completion must be submitted prior to receiving payment for the work. Failure to submit both pictures will lead to appropriate action up to and including suspension from participating in the program. Board Up Specifications A Materials: All Materials shall be new and only include the following in the board-up work under this contract. 1/2 in. COX Plywood or better 2 x 2 fur strips (may use splice 2 x 4 Lumber) 1/2 in. metal lag bolts (to penetrate no less than 1 in. into anchoring component) Wood screws, (installed not more than 6 in. apart on edges) Lead shield anchor bolts (for anchoring to masonry veneers or block) B Windows and doors are to be completely covered with not more than two pieces of the same size plywood. Not more than two pieces of same size plywood may be used on picture windows, double/horizontal sliders, and patio doors. Doors shall be secured in the same manner as windows. C. All oversize openings to include a typical wall framing with 2 x 4 top and bottom plates and studs no more than 24 in. on center and fastened with 16d galvanized nails. D All work to be performed in accordance with these specifications and completed in a substantial workmanlike manner. E. MUST BOARD UP ENTIRE STRUCTURE, NEEDTO MEET WITH ME AT LOCATION TO GIVE SPECIFIC INSTRUCTIONS. (3) FRONT WINDOWS NEED TO BE BOARDED UP ON INSIDE Contract Price TO BE BID DFIID Contractor Exhibit 9 CITY OF CORPUS CHRISTI ZONING AND CODE ENFORCEMENT February 23, 2005 CERTIFIED MAIL #7004 1350 00004768 0832 9821-0001-0360 ISMAEL H GARCIA 6617 WEBER RD #3111 CORPUS CHRISTI TX 78413 RE: 4314 SPRING CREEK DR WOOD RIVER 5 L T 36 BLK 1 On February 25, 2005 you were notified by mail of violation that exist on the above referenced p~operty A/recent Inspection shows that these violations still exist. Bids have been taken for the clean- up/demolition required on this property. The low bid being $750.00. This letter is to give you and extension of seven (7) days to correct these violations. If no progress has been made after seven (7) days of receipt of this letter, a work order will be issued. You will be billed for all work done plus an administrative fee for a total of $809.00. Failure to pay for this clean- up/demolition will result on a Mechanics Lien placed on your property. If you have any questions, you may call between 8:00 and 9:00 a.m., weekdays at (361) 880-3030. Sincerely, CINDY CORTEZ Property Advisor . · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. . Attay. this card to the back of the mailpiece, or on' the front if space permits. D Agent D Addressee ate of Deliv~ ...~ 04-00024594 _._~-_.~._._---_..._--_._---- 1 Article Addressed to: Tsmae / fI, (~70r'c)o (P~/7 Zue.-hcr)2,) #3// I Corpu 5 Chr is+i/ TX 7 B.L// 3 RESTRlCreODELtV6R o. Is delive<)' address different from item 1? If YES, enter delivery address below; ,------------- '---'-'-'-- .-- o Express Mail D Return Receipt for Merchandise DC.O.D. Yes 2 Article Number (Transfer from service label) NOTICE: The City Solid v1 PS Form 3811, August 2001 being paid for tl..... ~~~, ~w Grass clippings left in streets, curbs and gutters are not allowed by the City of Corpus Christi's pollution prevention ordinances. Ensure that grass clippings are removed from these areas and disposed of properly. 7004 1350 0000 4768 0832 Domestic Return Receipt 102595-01-M-2509 e is P . Box 9277 . Corpu s crExhibit 10 9-92r! . (361) 880-3030 ~ ... ~~' ~::-.~~"~-~~=-'_::~=~_-_~.~=":.-;c. '-.'~-:::-.'~--=~::'__..__.,"___..__~:~. i m ~ "; I. I ,. 1 r I: '. ,~ ;l (.~ 101 ..... I! tJ ill'! e 'I' n n 44 .. (0 m ~ CD ~ :E ~ ~ = . 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Fe !--'(i'Iu::.y l/ ,(' l' IHfr! me )~~"ec C(L; CJ)LJ 4.3 / 4 s..~tvg, (~~'f.~t?e R WILL Be S{)u:) UJtrulJJ -rUe JJe""--r 3- LD & NwVnJ- 5. U".Nll__ ~UL-jJ -1-1/-.1\& AS i-r is. S['0 TJ.i-5 P~-I~/l./)' ().JJL.L Bf: jea-crt ~ ce A A.) _:.~ f ---/ . , L/KL~, ~/'/.l~ \ I Exhibit 12 Acct No 9821-0001-0360 Zoning Distr1ct RlB Inspection Date 06-14-05 Census Tract 58 Revised Date City of Corpus Christi - Code Enforcement Division - Building Survey Report Property Address 4314 SPRING CREEK Lot 36 Owner ISMAEL H GARCIA Property Advisor- L. BLAS BLK 1 Addition: WOODRlVER 5 City/State CORPUS CHRISTI TX X Dwelllnq CommercIal BrIck/Stucco X Fire Damage Wooi Frame X Vacan t Occupled Accessory Sq. Ft. Mail TO: 6617 WEBER RD #3111 Zip 78413 Story it OF Units Open Placard Inside Inspection X Pictures Date Posted Corrections must be made to the item(s) checked be~ow to comp~y with the Code Enforcement Minimum Bui~ding Standards Code. The fol~owing city ordinances are app~icable: Building, P~umbing, E~ectrical, Mechanical, Fire, Hea~ th Zoning. Permits Required as checked: X Building Plumbing Electrical Mechanical Smoke Alarms: Missing Inoperative OUTSIDE WALLS: (304.2,304.14,307.6) Type: X Charred Wood X Rotten Wood X Rotten Corner Boards Missing Boards Badly In Need of Paint Siding Broken Missing Holes Cracks Buckled Leans MiSSlng Brick Loose Brick Damaged Exterlor Trim Other WINDOWS: (304.7,8,9,10,13) X Charred Wood X Broken Glass X Missing Screens X Torn Screens X ~ssing/Broken Sash X Do Not Open Rotten Sills Rotten/Broken Frames Other. Improperly Located ROOF: (304.3) Type: X Charred Wood Rotten Eaves X Rotten Rafter Tails Rotten Decking Missing Shingles Deteriorated Shingles Leaks X Sags Buckled X Collapsed Worn Torn Holes Other: PORCHES: (304.5,6) Charred Wood ~ssing/Broken Boards Loose Rotten Wood Inadequate Support Support Post ~ssing Support Post Loose Faulty Weather Protection Oth<>"" Exhibit 13 Fire Health Other Additional Alarms Required FOUNDATION: (304.1,304.17) Type: Inadequate Support Rotten Wood Piers Lean Piers Missing Cracks/Perimeter Wall CrackS/Slab Pads Missing Cracked Missing Skirting Missing Access Cover Exposed sil.ls Rotten Sill.s Damaged Floor Joist Sagging Floor Joist OTHER: DOORS : (304.7,304.12,304.13) X Charred Wood X ~ssing X Damaged X Poor Fit X Damaged/~ssing Screen(s) X Off Hinges Blocked Exit Rotten X Other: FIRE DAMAGE Page L STEPS. (304.5, 6) x Charred Wood Rotten Wood M1ssing Boards Inadequate Support M1ssing Handrails Loose Handra~ls Faulty Weather Protection X Other: FIRE DAMAGE PLUMBING: WATER CLOSET (301,306.6,307 2) Mlssing No Ant~-S~phon Ballcock Stopped Up Poorly Anchored Seeps around Bowl Water Supply Line Leaks Flush Ell Leaks Runs Constantly Tank Broken Bowl Broken L.::.sconnected Cracked Cracked Missing Flush Handle Mlssing Flapper Urinal No Back-flow Preventive No Elongated Bowl/Open .en1 Seat Other: LAVATORY: (301.1,301.2, 307.2) Missing No Anti-Siphon Faucets Faucets Leak Broken Missing "P" Trap Leaks Missinq Defective Trap Stopped Up Water Supply Line Leak Loose from Wall Nonconforming Waste Line Disconnected X Other: FIRE DAMAGE KITCHEN SINK: (304.19, 306.2) Defective Trap Faucets Loose Broken ~ssing "P" Trap Rubber Hose Trap Leaks ~ssing Stopped Up Disconnected Damaged Counter Top Damaged Back Splash X Other: FIRE DAMAGE Property Address: PLUMBING: BATHTUB/SHOWER: (301,306.6, 307.2) Missing Faucets Loose Broken ~ssing No Anti-Siphon Faucets Missing Overflow Plate Missing Tap Missing Shower Head Not vented Disconnected Stopped Up Damaged Shower Stall X Other: FIRE DAMAGE WATER HEATER: (301.4307.3) Gas Electr~c fussing Disconnected Temperature/Pressure/Relief Valve Missing Temperature/Pressure/Relief Valve Broken Drain Line Missing Not Approved Pipe Not Extended Outside Elbowed Down Vent fussing Loose No Double Wall Pipe/Attic Nonconforming Vent Inadequate Combustion Air Thermostat Missing Damaged No Gas Cut Off Missing Firebox Door Gas Supply Line Not Approved Pipe Gas Fired - Located in Bathroom Gas Fired - Located in Bedroom Fire Damaged X Other: FIRE DAMAGE GAS SYSTEM: (301.5) Gas Pressure Test Required Gas Leak Gas Line Appears to Enter Building Below grade level Gas Supply Line Not Approved Pipe Rubber Hose to Space Heaters Non-Rigid Pipe Run Through Partition Wall Other: PLUMBING MISCELLANEOUS: (301.1, 2, 3) Open Clean Out Water Leak Yard Under House Vent Stack ~ssing Broken Vent Stack Not Extended Through Roof Rain Guard Damaged ~ssing Exposed Exterior PVC Pipe PVC Water Supply Lines Washer No "P" Trap Not Vented No Cut Offs Sewer Line Stopped Up Running Out On Ground X Other: FIRE DAMAGE Fage Property Address: ELECTRICAL SERVICE: (302.4, 303) Serv~ce Panel Burned Service Missing Service Appears Below Two-Wire Servlce Inadequa te Defectlve Disconnected Servlce Not Grounded Misslng Breakers Misslng Interior Exposed wlring Nonconforming Wirlng Drops Too Low X Other FIRE DAMAGE Code Fuses Exterior Panel Cover in Panel SYSTEM: (302.4 303) Burned Wlrlng Plugs SWltches Burned Flxtures Less Than 1 Duplex Recept. 120 linear ft - BR LR DR Den Kitch No Small Appllance Clrcuits Over Kitchen counter space with GFCI Only One Small Appllance C~rCUl t Over kltchen counter space with No GFCI Kitchen Appliance Circuits - No GFCI Plugs Missing Loose Broken Switches Misslng Loose Broken Fixtures Missing Loose Broken Missing Switch covers Plug covers Extension Cords in Place of Permanent Wiring Bathroom Circuit no GFCI Conduit Broken Loose Missing No Separate Circuit for No Disconnect for Air Conditioner Exterior Lights Missing Front Back Side Porch Lights Broken Misslng Loose X Other: FIRE DAMAGE MECHANICAL : (302.1,302.2) Vented Wall Heater Damaged Missing Floor Furnace Damaged Missing Nonconforming Gas Line to Space Heater Wall Heater With No Vent in Bathroom Thermostat Damaged Missing Gas-Fired Heating Appliance within 2' of Tub/Shower/Water Closet Condensing Unit Damaged Missing No Vent fan or Window in Bathroom Vent Fan ~ssing Not Operative Heat With No Vent in Commercial Bldg X Fire Daaage X other: FIRE DAMAGE INSIDE WALLS AND CEILINGS: (304.16, 307.6) Charred Wood Paint Deteriorated Cracks Holes Torn Wallpaper Damaged Paneling Sheetrock Broken Missing Holes Sheetrock Mildewed Buckled Ceiling Damaged Missing Water damaged Smoke damage Impervious Material around Tub Enclosure Damaged Missing Walls around Tub Not Water Resistant X Other: FIRE DAMAGE INTERIOR FLOORS: (304.16,307.6) Charred Wood Rotten Wood Missing Boards Holes Cracks Unleveled Buckled Torn Damaged or Other: ACCESSORY STRUCTURE (304.14, 15, 17) TYPE: Roof TYPE: Rotten Loose Torn Holes Missing Other: Walls: Type: Rotten Leaning Buckled Missing Other: Foundation: Type: PIER & BEAM Sunken Cracked Rotten sills Other UNSANITARY CONDITIONS: (306,307.6) Plumbing Fixtures Unsanitary Insect, Roach, Rodent Infestation Lacks Adequate Garbage Facil./Containers Other: Jnsptetion Repon: .' Utility Hold: Initial letter. Hearing: Notice of Hearing Received: ntle Check: ~dverr;sed: ~id Notice to Owner: .ow Bid: ~id Let: Nark Approved for Payment jen Filed: :lased: ~ I I ! I I I i \ I I I I I ! I I I , ! ! I I I j I I ! I I I I I j I I , I f i - I I I I I 43)4-~~~~.. - . . .-_.... . C PROPERlY ADDRESS: '.. ~.;,"-~~.. . . j . .-linit EXTERIOR " Foundation . Joists-Sills 15 0 Exterior Walls 15 '-~ Roof IS TD Porches,1 tairs I J Doors I \ Windows 5 4- Ventilation SaeenslScreen Doors 1 \ Paint 3 I Elec. Service - lights, Switches & Outlets 8 ~ Exterior Total 64 INTERIOR , Floors & Floor Covering 6 4 Wainscot Walls & Ceilin~s 10 1 Paint 3 ?-, ~ , Inter. Doors I I I Kitchen Cabinets 3 J I Heating I \-- --- m ) Traps, Vents, Water Heater ff ~ ~l l ./ Interior Total 36 ./ TOTAL 100 ACCESS. STRUCTURE Roof Framing 16 Roof (over 17 Wall Framing 18 Sidi". 15 Foundation 24 Doors/Windows 10 I ....... ..... I CITY OF CORPUS CHRISTI DEPARTMENT OF NEIGHBORHOOD SERVICES June 24. 2005 CERTIFIED # 7004 1350000048432863 9821-0001-0360 JOSIE ALANIZ PO BOX 881 ROBSTOWN TX 78380 RE: 4314 SPRING CREEK DR WOOD RIVER 5 L T 36 BLK 1 On June 16, 2005, a survey of the above property was conducted. Certain conditions were found to exist which violate the Building and Housing Standards Code and ordinances of the City of Corpus Christi. A copy of the survey stating the nature of the violation(s) is attached for your review and incorporated by reference in this notice. Please correct the violation(s) within thirty (30) days of receipt of this notice. A permit must be obtained before any work is begun. Failure to respond to this notice or voluntarily eliminate these defects. by either repairs, reconstruction, alteration, removal, or demolition within the allowed time, will result in further action. If necessary, the City may contract for demolition of the property. Expenses and administrative fees incurred by the City will be assessed on the real estate upon which such expenses were incurred. The City may also file charges in Municipal Court for these violations: If found guilty, you can be assessed a fine of up to $500.00 under Section 13-29 ofthe Code of Ordinances. Each day a violation continues constitutes a separate and distinct offense. If you have any questions, you may call between 8:00 and 9:00 a.m. or 4:00 and 5:00 p.m., weekdays at (361) 880-3030. Sincerely, LARRY BLAS Property Advisor 05-00005847 NIDBD01 NOTICE: The City Solid Waste Dept. will not pick up rubbish at vacant lots or vacant houses unless the collection fee iu being paid for that address. Exhibit 14 P.O. Box 9277 Corpus Christi, Texas 78469-9277 (361) 880-3030 :.i ~ - - - ~ :vof ,., rpus risti lOR HOOD ES rMENT ('1:1,,'1 8:! i '.) !!I IP CERTIFIED MAIL.., 111I11I1 , , , '13 r" 0 fl 0 [I 4 /) 4 3 2 h 8J or '4 J,-, ' " .... -- '!'~ '..,' {',' ~..'. '(,. - -. . 'i>~ ,1..J: ' o--~r , .... \;,:. .:"Hi,"" ';,1, <;',"i: l' s.~ '] ~~'-1 n ,r-r,,/ -~ I Hi\~L.I L;CLI'I t::n · :'.::!PT , ~-,d !~~D\.J'r\jD&\ \jl 5C 7004 ~:QCI:>: CIl I .... C:, ~ .:~lt: ;a ~: & Cj .. ft,Q1S ~I . , , , . 1350 0000 4843 2683 m:J) m .--.... ~ &~ & . .'4ttppE : ,gj,gl [ g "TI "115.5. !if :g ~~ &~ ;r (Q (,0 _G _Gl <D Ctl -n. crooe: ~ g men .. Ii ~. a ',.Tj . ."! P1 < · ~ -! "'C -,' ~ ~ _ 0 S. ~." ~ 0' ~ iii ~ 3 0 JOS IE ,L,LAJ:H Z PC; br.) F; j I~OBSTO\'I["i TX ACeT It 9221 78 :80 iJOOJ'OJ60 / ' 1'1 : c: DV\b\ CITY OF CORPUS CHRISTI DEPARTMENT OF NEIGHBORHOOD SERVICES . ...i,':" *** FINAL NOTICE *** October 6, 2005 CERTIFIED # 7004 1350 00004844 4570 9821-0001-0360 JOSIE ALANIZ PO BOX 881 ROBSTOWN TX 78380 RE 4314 SPRING CREEK DR WOOD RIVER 5 L T 36 BLK 1 A follO'/Jup Inspection performed on or about October 06, 2005 showeci that you did not correct the violations set forth in the notice dated October 05, 2005. As established in Section 13-26 of the City of Corpus Christi Code of Ordinances, the City has no alternative but to take enforcement actions against you. A complaint will be presented to the Building Standards Board for failure to remedy the violations. Additionally, charges will be filed against you in Municipal Court If City staff are not personally advised by you or your agent within three (3) business days of receipt of this notice that all violations have been corrected. If you have any questions, you may call between 8:00 and 9:00 a.m. or 4:00 and 5:00 p.m., weekdays at (361) 880-3030. Sincerely, LARRY BLAS Property Advisor 05-00005847 NIDBD02 Exhibit 15 P.O. Box 9277 Corpus Christi, Texas 78469-9277 (361) 880-3030 - - - , /OOW> DODD ,'. 'f/j ./' " / J . ~c~ / 484Y 4S7C ~ ~- .. -.;:: , '"": ._\ ~" >,~"" ..,1::' ~- '\ li"~\ IV \.'.~~ I, c'.' I. "".. ~__\.:L~..7tif ,\- " I'.':; .I\II'.I\..co ~;., j....1 {. . - L l!l I~G . t-s 2nd Not/1 ;-n:. ;\~:tJf1~ . 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CJ (f) 8 ~ ..!. ~ N (T) (D 1.D ~ 0) CJ i it '! ;![.i.1~1. !rI 1-1' _ J ... i a!lfij I-l',I-Ii C1" C1: ; I:l ill:l pip ,~ :.lQ :0 0 .0 0 (T) ~ (T) ~ CJ CJ CJ .~ j l.: a" tI L: .. .0 C tit e GI - CIl ,Q c f! ::s E 0 'V Z ::s 'V .., C ~ C .. ::s c ~ 0 0 G> ~ 'j ft . ~ A. ~ C e x I " - 0. I- '.c'\clllh'r 2X 200'\ CERTIFlED LETTER # 7004-1350-0000-4840-1450 ISMAEL H CJARCIA ()I)! -; Wi. BEf.( RD #\ III ( orplls (hnsll, Tcxas '841 J.O iU ~ \ 1.1 SPRINt 1(1\ 1.1 K DR (Suhdl\lsiun: WOOD RIVER 5 Lot: 36 I, l -I '- ~ I J \ lel.:ll[ IIlSPlLlII'111'd, :-11U\\ll llldl jUll have not corrected violations or the :iu ili ill,::: lilt! ; I!II::-III=,[,II IILII ,I> ( .", iL, Chdptcr i -' ur the City's Code of I hdlli;lIH I?S, e.~istillg ;il OJ on the abo\e-rcferenccd property that was required to h,. wTcc!ed In tilt: ('>lv ;.:. letter. <bled 6/24/2005. \ flUidic !]e~lrillg\ IIII,,~ held IL!!dtlling [his matter before the Building Standards IL'ilI.: dl 1 \\ Ii! U 1111111.111., ,tl I :JO P.\I., Thursday, 12/15/2005 in the City 1 - III 11 'hdl1il1l'1 ,. 1 ~ II fL'UPcl! d (;1; '-'ll The Board can order repair or c!clllulltii'il of the blllld11lg(s) alld authOrize the City to have the building(s) demolished for nUIHompliance \\ltI1111 the time ordered by the Board. The cost of .It'! wtltj(II1, If tnedlTnl b\ the (11\. I dUl' upon completion. If unpaid, a lien may III likd d,~alllst till:, propnt) Y OLl tIlUS, appear befure the Board at this hearing and show cause why action should nll( be taken against this property. Ifyoll have any questions regarding t!m rnatkr, please contact George Oresco at (361) 826-3019. Sl1lccreh NErGf-lBORHOOD SERVICES DEPARTMENT (J Phillip Oresco Zoning & Code Enforcement Admilllstrator (,Cnid ESB Ilea! ing ~otice It: OW11(1 ~xhibit 18 - -.. - --- - ~~~ City of Corpus Christi IlEIGHBORHOOD SERVICES DEPARTMENT PO So, 'l2T' CorpU'c Chrio-t, TeX;IS 7~4f)c)-.9-.)-n Phone 36] -880- 30 I 0 Fax 361-880-30 II www.cctexas-com , December 2 I, 2005 CERTIFIED LETTER# 7004-1350-0000-4814-6016 JOSIE ALANIZ PO BOX 881 ROBSTOWN, Texas 78380 Subject: 4314 SPRING CREEK DR (WOOD RIVER 5, 36, I) The Building Standards Board met at 1 :30 p.m.. Thursdav. 1211512005 in the Council Chambers, 1201 Leopard, to hear matters concerning the substandard building(s) located at the above referenced property. A notice of the decision made on that date is enclosed. The period of time allowed vou to comply with the decision of the Board commences from the date of this letter. if you wish, you may appeal the decision of this Board to the City Council. Such appeal must be perfected by filing a sworn notice of appeal with the City Secretary within fifteen (15) days from the date of notice of the Board's written decision which is the date of this letter. This appeal must state specifically any error alleged to have been committed by the Board or that the decision of the Board would cause undue hardship and state the reasons for the hardship. It will be necessary for you to obtain the proper permits before initiating demolition or repairs as required by the Board. This permit can be obtained at Development Services located at 2406 Leopard Street. Contact Neighborhood Services/Code Enforcement Department located at 1201 Leopard prior to obtaining the permit(s). Please contact the Code Enforcement Officer if you have any questions regarding this matter or if they can be of assistance to you. The office number is 880-3030. Sincerely, Geo-::oe~ ~ Zoning/Code Enforcement Administrator ~xhibit 19 EXCERPTS OF THE MINUTES OF THE BUILDING STANDARD BOARD OF THE CITY OF CORPUS CHRISTI, TEXAS On Oecember 15, 2005, a regular meeting of the Building Standards Board was held in the City Hall Council Chambers, 1201 Leopard, with regard to that propertv 4314_~j2dn!LC:reek (Wood river 5, Lot 36, Block 1 ). The minutes of the Board are as follows: 4314 SPJinq Cree~C0loodrlver 5. Lot 36, BlockJJ STAFF RECOMMENDATION To require demolition due to the extent of deterioration APPEARING IN FAVOR: Ismael A. Garcia (Owner) Ismael Garcia Michael Shohrran (Contractor) APP[ARING IN OPPUSITiO~~ Deanne & John Pierce, Mary Ann Markert, Fran Williams, Kieth Tinnell, Richard Milby, Tom Innman, Bill Hirko -Petition for action and photos submitted to Board. Motion A motion was made by Oavid Amori, seconded by William McGuire, to accept staff recommendations and require demolition to the structure(s), to include the foundation, driveway, and underground utilities, according to Section 13-26 (G), (1), (c) of the City of Corpus Christi Code of Ordinances allowing thirty (30) days to obtain a permit and thirty (30) days to complete the demolition of the structure(s) located at 4314 Spring Creek (Woodriver 5, Lot 36, Block 1). A roll call vote was taken and the following members voted in favor of the motion: David Amari, Frank Hastings, Jesus Jimenez, William McGuire, John Smith; the following members voted in opposition of the motion: Renee Carter and Gregory Spivey The motion passed with a majority vote. If demolition is not started and completed as required, then the City is authorized to demolish. NOTE: For detailed information on testimony, refer to the tape retained on file in the Zoning & Code EnforcemenUNeighborhood Services Department. I hereby certify that to the best of my knowledge, the above statement is a true and correct excerpt of the minutes of the Building Standards Board Hearing of December 15,2005 ...// fJA;4 t?~ G. Phillip Oresco Zoning/Code Enforcement Administrator ,'xhibit 20 '"'" i' _",," iUI tt-S l.,..l1aUmont ---, Date . FUed:l~~;; ~ \ /C)}-'v'-( jft~ --- Armando ell C\ f;: '" 8 ecretu r:/ Andres P. Chawnont Attorney at Law 1237 W. 'I7'h Street Houston, Texas 77008 713-862- 2281 ;IC ha lUlJont((llhoustoll rrc Olll January 1 2005 Elizabeth Hunley Corpus Christi Cityi\ttorneys Office P.o Box # 92n Corpus Christi. Texas 78964 RE Demolition Order on 4314 Spring Creek Dr. Wood River 5L T 36 BLK 1 Dear Ms Hunley This letter serves as formal notice that the owner of the above referenced property, Ismael Garcia, requests an appeal of the order issued by the Board to demolish his house under Section 13-28, Article D of the Building and Standards Code under the grounds that the decision of the board is erroneous and that the decision of the board would cause undue hardship to Mr. Garcia, the owner of the property I will be contacting you shortly to inquire whether we may reach an amicable solution to this matter which satisfies all parties interests. Also, please send all correspondence regarding this matter to my office. If you have any questions, please contact me on my cell at 713-305-1040. As of this date, Mr, Garcia has not yet received the written notice of the demolition order. Please let me know if this has been sent out. ~~~~ Very Truly Yours, Andres P. Chaurnont Attorney at Law Exhi bit 21 \hlbli)f *:':'~",", ~'we, 31 CITY COUNCIL AGENDA MEMORANDUM PRESENT A liON AGENDA ITEM: Update on Garwood Water Supply Pipeline Routing Plan, Phase 2 STAFF PRESENTER(S): Name 1. Ronald F. Massy 2. Eduardo Gararia, P.E. Title/Position Department Assistant City Manager Director of Water Services OUTSIDE PRESENTER(S): Name Title/Position Organization 1 Stefan Schuster 2. Lee Freese, P.E. 3 Peggy Glass, Ph.D. Hydrologist Vice President Scientist Freese & Nichols Freese & Nichols Allan Plummer ISSUE: The City monitors current water use, historical usage, and available supply to determine the timing of future water supply options. An update of the status of future water supply sources will be presented. Freese and Nichols has completed detailed evaluation of three delivery options. Presentation of the three options to Council is necessary before proceeding with the next phase of the project. BACKGROUND: In September 1992, the City of Corpus Christi entered into an option agreement for the potential purchase of up to 35,000 acre-feeUyear from the Garwood Irrigation Company. The Garwood Irrigation Company (Garwood) held the most significant senior water right in the Lower Colorado River Basin, with a priority date of November 1, 1900. This water right authorized the diversion of 168,000 acre-feet/year from the Colorado River at a maximum rate of 750 cfs, or 1 ,488 acre-feet per day In 1993, the Texas Natural Resource Conservation Commission (TNRCC) authorized an amendment to Garwood's water right that allows for the use of 35,000 acre-feet of its right to be used for municipal and industrial purposes. On October 7, 1998, the TNRCC approved the City of Corpus Christi's purchase ofthe 35,000 acre-feeUyearfrom the Garwood Irrigation Company, herein referred to as the Garwood Purchase. On October 28, 2003, Council authorized the execution of an engineering services contract with Freese and Nichols, Inc., of Fort Worth, Texas for Garwood Water Supply Pipeline Routing Plan, Phase 1 services. Phase 1 services completed a screening study of eight delivery options. On October 11, 2004, Council authorized a contract amendment to proceed with Phase 2 services which authorized proceeding with detailed evaluation ofthree options. The options evaluated were: 1. partnering with the Lower Colorado River Authority (LCRA) and the San Antonio Water System (SAWS) to share pipeline, pump station and/or off-channel storage facilities. This is referred to as Option 1 In the Phase 1 Screening Study. The evaluation included working with the LCRA and SAWS during the study period of their project to determine if sharing facilities would be rnutually beneficial to the parties involved If partnering was determined to not be feasible for the parties involved, the study efforts for Option 1 were to be adapted to Option 5 or 6 2 coordinating the delivery of water to Corpus Christi though the existing Gulf Coast Irrigation District Intake Pump Station and Canal System. This is referred to as Option 6 in the Phase 1 Screening Study This evaluation involved a review of the existing pumping facilities, a loss analysis of the canals, a preliminary pipeline routing study, and a pump station siting study. 3 coordinating the delivery of water to Corpus Christi though the existing Garwood Irrigation District Intake Pump Station and Canal System, West Mustang Creek and Lake Texana. This is referred to as Option 5 in the Phase 1 Screening Study. This required determining the reliable delivery through Lake T exana by studying the channel losses in West Mustang Creek and the evaporation losses in Lake Texana. It also included an in-depth evaluation of the permitting and water rights requirements. The evaluation was coordinated with the Lavaca Navidad River Authority (LNRA) to determine how the diversion through Lake Texana would effect reservoir operations and contracting arrangements. REQUIRED COUNCIL ACTION: A future contract amendment will be required to proceed with Phase 3 services as well as approvals on contracts and agreements for the acquisition and/or additional water supplies. - l~_~~..~ Ronald F. Massey . Assistant City Manager . Powerpolnt X 32 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: February 28, 2006 AGENDA ITEM: Motion authorizing the City Manager, or his designee, to continue participation in the Nueces River Basin Feasibility Cost Share Agreement with the US Army Corps of Engineers Ft. Worth and Non Federal Co-Sponsors, and authorizing payment of $39,082.00 for the Phase IIA (Existing Conditions, Alternative Formulation and Programmatic Environmental Impact Statement or Plan Formulation). ISSUE: The US Army Corps of Engineers (COE) completed a reconnaissance study of the Nueces River basin in 2002, which identified 10 projects as being of COE interest. Since the COE identified five co-sponsors for these projects, feasibility studies are being conducted to determine the viability of these six projects. Under Federal Rules, the COE and co-sponsors share the cost of the feasibility study on a 50-50 basis. If the project is determined to be feasible and a decision is made to execute the project, up to 65 percent of the construction cost can be funded by the COE. All of the projects identified in the reconnaissance study would be executed in the Nueces River Basin, and Nueces River Authority, San Antonio Water System, San Antonio River Authority, and Guadalupe Blanco River Authority have expressed an interest in being co- sponsors on some or all of the projects in the feasibility study. The City has an interest in the outcome of the feasibility studies. Accordingly, the City has met with the COE and the other co-sponsors to narrow the list of priority projects and to develop the Project Management Plan and the Federal Cost Share Agreement. The FCSA agreement specifies the obligations of the parties in terms of the share of costs, method of payment, study management and coordination, settlement of disputes, termination and suspension and other issues. COE policy requires all co-sponsors of corps projects to utilize standardized verbiage in their cost-share agreements from a COE FCSA template. City staff reviewed the final agreement. The agreement was signed by the City Manager and is currently being executed. Phase I (Identification of issues and Opportunities or Initial Plan Formulation) is complete. The project is currently in Phase IIA (Existing Conditions, Alternative Formulation and Programmatic Environmental Impact Statement or Plan Formulation). FUNDING: The total project is currently estimated to cost $10M and take approximately 6 years to complete. For those projects that are studied, the COE will pay 50 percent of the feasibility study costs and the co-sponsors will share the cost of the other 50 percent ofthe feasibility study costs. It is estimated that the City's share of the total cost of the feasibility study will be $1.828 M or 18.28 percent over the six-year period, if all six studies are taken to completion. The agreement is written so that an individual study can be terminated prior to completion. The total project cost may be decreased if other funding sources or study results, such as future work products from the Governor's initiative, Padre Island desalination and Aquifer Storage and Recovery project, and TWDB regional water planning studies, can be applied to the feasibility effort. The first phase of the feasibility study included public participation workshops, resource agency coordination and the evaluation of off-channel reservoirs, a two way pipeline, and reservoir yield modeling. The Phase IIA effort will build on the evaluation of ecosystem restoration issues defined during Phase I workshops. Simultaneous efforts will include defining the existing conditions within the basin continued model upgrades, development of new models as necessary and the development/evaluation of alternatives. The City's share of the project cost for the first phase (Identification of issues and Opportunities or Initial Plan Formulation) totaled $118,820. The Phase IIA (Existing Conditions, Alternative Formulation and Programmatic Environmental Impact Statement or Plan Formulation) City's cost share of the total cost effort is $182,800 of which $39,082 will consist of a cash contribution. The balance $143,718, will be an in-kind effort that is cost- shared between the City of Corpus Christi and the Coastal Bend Bay and Estuary Program for a project that will apply towards the Corps Nueces Basin Feasibility Study. The cost- shared work elements will consist of a light detection and ranging (L1DAR) survey and a bathymetric survey of the Nueces Delta, and necessary ground truth of the survey results. REQUIRED COUNCIL ACTION: Motion authorizing the City Manager, or his designee, to continue participation in the Nueces River Basin Feasibility Cost Share Agreement with the US Army Corps of Engineers Ft. District and Non Federal Co-Sponsors, and authorizing payment of $39,082.00 for the Phase IIA (Existing Conditions, Alternative Formulation and Programmatic Environmental Impact Statement or Plan Formulation). CONCLUSION AND RECOMMENDATION: Staff recommends approval of the attached motion. ~DJ.-~\A.o-..~~ Ronald F. Massey i \ Assistant City Manager '-......:J Attachments BACKGROUND INFORMATION Under Section 205, the US Army Corps of Engineers (COE) is authorized to perform preliminary examinations and surveys for flood control. The COE also contributes to the Federal objectives of National Economic Development (NED) which provides direct net benefits that accrue in the planning area and the rest of the nation. Ecosystem Restoration (Section 206) is a co-equal Federal objective for the Corps of Engineers. In accordance with that authority, the COE completed a reconnaissance level study of the Nueces River Basin in August, 2002. The study concluded that more detailed feasibility studies should be performed on ten projects. The projects identified by the COE reconnaissance study were: Flooding downstream of Lake Corpus Christi and throughout the Nueces Basin Recharge enhancement Cotulla diversion projects to enhance storage in LCC/CCR system Two-way pipe project to enhance storage in LCC/CCR system Desalination Treated effluent placement in Nueces Delta Water quality in Choke Canyon reservoir Stream restoration in the upper Nueces Basin Brush management Exotic aquatic plant removal Of these projects, six were chosen to continue into the feasibility phase. A Draft Project Management Plan (PMP) has been developed to complete these studies in the next 5-6 years. The projects selected for further study are: -Cotulla diversion -Two-way pipe with off-channel storage -Desalination -Recharge enhancement projects -Wastewater diversions to the Nueces River Delta (Treated effluent placement) -Brush Control Each of these projects is mentioned in the Regional Water Plan as a way to optimize our watershed, create drought-proof supplies, or demonstrate environmental benefits to Coastal Bend Bays and Estuaries. Partnering with the Corps and Co-sponsors allows the City to be an active participant in matters affecting the Nueces River Basin, while sharing the costs of feasibility studies and construction. 33 AGENDA MEMORANDUM DATE: February 28,2006 SUBJECT: Southside Water Transmission Main, Phase 5 AGENDA ITEM a. Motion authorizing the City Manager, or his designee, to award a construction contract to S.J. Louis Construction, Ltd. of San Antonio, Texas in the amount of $8,476,046 for the Southside Water Transmission Main, Phase 5. b.. Motion authorizing the City Manager, or his designee, to execute an agreement for welding inspection to Base Line Data, Inc. in the amount of $101.893 for the Southside Water Transmission Main - Phase 5, from Rodd Field Road to Whiteley Drive. c. Motion authorizing the City Manager, or his designee, to execute an agreement for Corrosion Engineering Construction Support with V & A Consulting Engineers, Inc. in the amount of ~8,910 for the Southside Water Transmission Main - Phase 5, from Rodd Field Road to Whiteley Drive. d. Motion authorizing the City Manager, or his designee, to execute a testing agreement with Kleinfelder, I nc. in the amount of $121.319 for the Southside Water Transmission Main - Phase 5, from Rodd Field Road to Whiteley Drive ISSUE: Additional water transmission capacity is needed to serve projected growth within Pressure Zone 2. Continuation of the Southside Water Transmission Main from Rodd Field Road to Whiteley Drive will be completed with this project, greatly improving water sup~y and pressure in the southern portion of the city. FUNDING: Funds for this project are available in the FY 2004-2005 Capital Improvement Budget. ION: Staff recommends approval of the motion as presented. r o Garana, .E., Director of Water Services ?~M/ g I R. Escobar, P. E., irector of Engineering Services Additional Support Material: Exhibit "A" Background Information Exhibit "A-1" Prior Council Action Exhibit "B" Project Budget Exhibit "C" Bid Tab Exhibit "0" Location Map H:\HOMEIl. YNDASIGEN\WATER\O.N. Stevens Water Treatment Plant\8390 . SouthS/de TranSlTission Main Ph 4 4a 5\Phase 5 ConstructionlMemorandum.doc AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION SUBJECT: Southside Water Transmission Main, Phase 5 PROJECT DESCRIPTION: This water transmission main is necessary to increase pressure, flow and reliability to Flour Bluff and Padre Island. The water transmission main will be installed from the termination point of the existing 42-inch water transmission main at the intersection of Rodd Field Road and Yorktown Blvd (Phase 4), and will extend easterly to the Laguna Madre in the Whiteley Drive ROW. The water transmission main is 42" in diameter, 5.5 miles in length and will be constructed of bar wrapped concrete pressure pipe. The water transmission main will also contain air release valves, blow off valves, isolations valves and access man ways to facilitate operations and maintenance. The water transmission main will be mainly constructed by open trenching techniques and will be buried at approximately 4 feet below the ground surface. Route Description The proposed 42" water transmission main will tie into a 42" stub out on the east side of Rodd Field Road and south side of Yorktown Blvd. From this point the 42" water transmission main extends due east in an easement on the south side of Yorktown Blvd for approximately 1.6 miles, to the edge of the Cayo Del Oso. The 500 foot Cayo crossing will be constructed from a barge by standard marine trenching techniques. Once across the Cayo Del Oso the watermain extends along the southside of Yorktown Blvd. in an easement for approximately 2.3 miles to the intersection of Waldron Road. At Waldron Road the 42" water transmission main extends due south along the east side of the Waldron Road right-of-way for approximately 2600 feet at which point it turns to the east. The water transmission main continues east following the north property line of the Barney Davis Power Plant for approximately 3200 feet. At this point the waterline turns north east and follows this alignment through lot 8 of the Kingswood subdivision to Easy Street. The waterline alignment then turns east and follows Easy Street for approximately 500 feet to the intersection of Easy Street and Whiteley Drive. The alignment proceeds south along the west side of Whiteley Drive for approximately 140 feet then turns to the east. The water transmission alignment continues to follow along the southside of Whiteley Drive for approximately 1700 feet. BID INFORMATION: The project consists solely of two base bids. The bid proposal allowed bidders to bid on one or both items separately. Base Bid A is to be constructed with either steel pipe or concrete cylinder pipe and Base Bid B is to be constructed with ductile iron pipe. The engineer's construction estimate is $6,394,050. EXHIBIT "A" Page 1 of 5 rl:\HOMEIl YNDASIGENIWATERIO.N S fEVENS WATlR TREATMENT PLANT\8390 . SOUTHSIDE TRANSMISSION MAIN PH 4. 4A, 51PHASE 5 ':ONSTRUCTION\BACKGROUND DOC The City received proposals from six (6) bidders on February 1, 2006. (See Exhibit "C" Bid Tabulation) The bids ranged from: Base Bid A : Base Bid B $8,476,046 to $10,792,573 No Bid One bid was determined to be irregular for failure to specify type of construction pipe to be used as per General Provisions 8-2-13. This did not affect the priority bid order though. The City's engineering consultant, Urban Engineering reviewed the six (6) bids opened on February 1, 2006. They concluded that there were two main reasons for the difference between the construction estimate and the bids received. One was the estimate of cost of the concrete pipe and the other was the estimate of the Cayo Del Oso crossing. In estimating the cost of the concrete pipe for Phase 5, the consultant had used unit prices obtained from Phase 4 and 4A. Therefore, Urban Engineering and City staff recommend that based on low bid and past experience with City projects that a construction contract be awarded to S.J. Louis Construction, Ltd. Of San Antonio, Texas in the amount of $8,476,046 for the Southside Water Transmission Main Phase 5 for Base Bid A. CONTRACT TERMS: The contract specifies that the completion time of the entire project shalt be 300 calendar days. For each calendar day that any work remains incomplete after the time specified in the contract for completion, $1,000 per calendar day will be assessed against the contractor as liquidated damages. PROJECT BACKGROUND: The Council-approved 1997 Water Distribution System Master Plan Update recommended a new Southside Transmission Main from the O.N. Stevens Water Treatment Plant (ONSWTP) to a new pumping plant with associated large main improvements (Staples Street Pumping Plant). This work was necessary to alleviate inadequate water supply and pressure problems experienced during peak demand periods in Pressure Zone 2, the area essentially southeast of Everhart Road. Phases 1 through 4a have been completed, providing a new large diameter transmission main from the ONSWTP to the Staples Street Pumping Plant south of town and on to a connection of the transmission main to the existing Holly Road 36" transmission main. PHASE 1: On June 16, 1998, Council awarded an engineering services contract to Urban Engineering for the Southside Water Transmission Main Project - Phase 1 from the ON Stevens Water Treatment Plant to Clarkwood Road. Council awarded a construction contract for this phase of the project to Pate & Pate Construction on December 12, 2000. The construction project for the Southside Transmission Main Phase 1 from O.N. Stevens Water Treatment Plant to Clarkwood Road was completed and put into service in May, 2002. EXHIBIT "A" Page 2 of 5 H:\HOME\L YNDASIGENIWATERlO.N. STEVENS WATER TREATMENT PLANTI8390 - SOUTHSIDE TRANSMISSION MAIN PH 4. 4A, 51PHASE 5 CONSTRUCTIONIBACKGROUND.DOC PHASE 2, 2a and 3: On April 24, 2002, Council awarded an engineering contractto Urban Engineering for the Southside Water Transmission Main Phases 2, 2a & 3 from the intersection of Saratoga Boulevard and County Road 54 to the Staples Street Pumping Plant, including a connection to the existing 42" Holly Road main. On January 14, 2003, a construction contract was awarded to Garney Companies, Ltd. of Kansas City, Missouri, for $15,844,698.58 for the Southside Water Transmission Main. Phases 2, 2a & 3. Work has been completed for this phase of the project. PHASE 4, 4a and 5: This project is being constructed in phases with Phases 4 and 4a being constructed together and Phase 5 constructed separately to expedite completion of both contracts. A design contract was awarded December 17, 2002 to Urban Engineering in the amount of $1,824,742 for the Southside Water Transmission Main, Phases 4, 4a, and 5. As part of that contract Council authorized the permitting and design of a water line from the South Staples Street pump station to Flour Bluff, terminating in the vicinity of Yorktown Boulevard and Laguna Shores Road. A significant portion of this line's capacity would go towards feeding a new pipeline to Padre and Mustang Islands. A construction contract was awarded for Phases 4 and 4a on July 13, 2004 to Laughlin-Thysen. Currently, a final walk-through has been completed and this project will begin close-out. PHASE 6: Padre Island currently receives its water via a 24" pipeline installed in 1969. Phase 6 will be a continuation of Phase 5 from the end of Whiteley Drive and across the Laguna Madre to west side of Padre Island where the line will extend from the Laguna Madre eastward along Sea Pines Blvd. to a connection at the existing waterline at Park Road 22 Additional work will include pump upgrades to add two additional pumps to the South Staples Pumping Plant to increase flow and pressures. On October 25, 2005, an amendment was issued to Urban Engineering for preliminary work on this segment. PHASE 7: The existing single water feed on Padre Island is a 24" ductile iron pipe over thirty years old. The next phase of the transmission main will tie the mainland phases of the Southside Water Transmission Main to Padre Island in order to upgrade and provide required TCEQ minimum pressures to the island. This phase will include installation of a 36" line along the east side of Park Road 22 and will terminate at the Padre Island Pump Station near Packery Channel Point Park. PHASE 8: With the improvements on Padre Island and new TCEQ regulations for elevated water requirements, an elevated storage tank will be installed south of Sea Pines Road. This phase will provide a 30" water main to supply the elevated tank and will be an integral part of the Acquifer Storage Reservoir (ASR) for the island. ELEVATED STORAGE TANK: To provide constant pressures on Padre Island and to meet required TCEQ regulations, an elevated storage tank is required. The elevated tank will be approximately 1,000,000 gallons in capacity and will be designed to withstand adverse weather conditions. It will also include cathodic protections and coating to withstand deterioration. EXHIBIT "A" Page 3 of 5 H:\HOMEIL YNDAS\GENIWATERIO.N. STEVENS WATER TREATMENT PLANT\8390 - SOUTHSIDE TRANSMISSION MAIN PH 4, 4A, 51PHASE 5 CONSTRUCTlONlBACKGROUND DOC PADRE ISLAND AQUIFER STORAGE RESERVOIR (ASR): Aquifer Storage Reservoir (ASR) is the storage of water in a suitable aquifer and recovery of the water through a well during times of need. ASR offers several advantages, which includes substantially higher available storage volumes, and substantially lower costs per unit volume of water stored. Implementation of ASR will provide the City with a strategic water storage system. The first Phase of ASR, a single well with a target capacity of approximately 2.5 mgd. is currently planned near Park Road 22, south of the majority of future development anticipated within the service area. Anticipated construction of this project will take place in FY '07 - 08 ADDITIONAL PROJECT BACKGROUND: Padre Island is currently served potable water by a single 24" pipeline installed across the Laguna Madre in 1969. The completion of Phase 6 will provide water supply system reliability and substantially increase the water system hydraulic capacity to Padre Island which will aid in the increase demands expected by development on the island. Development is projected to continue in part due to the Packery Channel project now being completed. Phase 6 will be a continuation of Phase 5 from the end of Whiteley Drive and across the Laguna Madre to west side of Padre Island where the line will extend from the Laguna Madre eastward along Sea Pines Blvd. to a connection at the existing waterline at Park Road 22. Regulatory permitting for Phase 6 was previously authorized and a U.S. Army Corps of Engineers permit is expected in the near future. As a result of the permitting process mitigation is required due to minor impacts on existing seagrass in the area of the proposed Phase 6 pipeline crossing. The recommended mitigation plan is to construct two additional breakwaters at the existing Shamrock Island project at a cost estimate of $500,000. A future interlocal agreement with the Coastal Bend Bays and Estuaries will be required. PRIOR COUNCIL ACTION: See EXHIBIT "A-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). H:\HOME\l YNDASlGENIWATERIO.N. STEVENS WATER TREATMENT PLANT\8390 - SOUTHSIDE TRANSMISSION MAIN PH 4, 4A, 51PHASE 5 CONSTRUCTIONlBACKGROUND.OOC EXHIBIT "A" Page 4 of 5 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). FUTURE COUNCIL ACTION: Approval of Change Orders, if necessary, to complete the project. EXHIBIT "A" Page 5 of 5 H:lHOMBL YNDASIGENIWATERIO N. STEVENS WATER TREATMENT PLANT\8390 - SOUTHSIDE TRANSMISSION MAIN PH 4, 4A, 5\PHASE 5 CONSTRUCTIONIBACKGROUND. DOC AGENDA MEMORANDUM PRIOR COUNCIL ACTION SUBJECT: Southside Water Transmission Main 1. September 9, 1997 - Approval of a motion to amend Section 4 of the Master Water Plan (M97 -246) 2. September 9. 1997 - Approval of amendment of the City of Corpus Christi Comprehensive Plan by amending the Master Water Plan (Ordinance No. 023050). 3. 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). 5. 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). 8. March 23. 1999 - Approval of site selection and authorization to proceed with acquisition (M99-078). 9. 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). EXHIBIT "A-1 Page 1 of 3 H IHOMEIl YNDASIGENIWA TERIO.N Steven, Water Treatment Plant\8390 . Southside Transmission Main Ph 4. 4a. 51Phase 5 ConstructionlPrior Council Action.doc 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, Contract 4 (M99-342). 16. October 19, 1999 - Award of construction contract to Lambda Construction for Staples Street Pumping Plant, Contract 3 - Pump Station and Site Work (M99-361 ). 17 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). 18. 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). 19. 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). 22. December 12. 2000 - Award of a testing agreement with Trinity Engineering for testing of the new 60" waterline in connection with the Souths ide 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 Souths ide Transmission Main, Phases 2, 2a & 3. (M2001-162) 26. June 25, 2002 - Approval of Amendment No. 1 in the amount of $454,125 to the contract with Urban Engineering for the Southside Water Transmission Main, Phases 2, 2a & 3 and the Souths ide Gas Transmission Main, Part B & C to outsource the land negotiation and acquisition process to acquire the remaining 54 utility easement parcels for both the Southside Water and Gas Transmission Mains. 27. December 17, 2002 - Motion authorizing the City Manager, or his designee, to execute an engineering services contract in the amount of $1,824,742.00 with Urban Engineering for Southside Transmission Main, Phases 4, 4a & 5. EXHIBIT "A-1 Page 2 of 3 H.\HOMEIL VND.A,S\GEN\WA TER\ON Stevers Water frealC1€nt Plart\8390 - Southslde Tlansn1IsslOn Main Ph 4. 4a 51Phase 5 ConstructionlPrior Council Aclion.doc 28. March 30. 2004 - Motion authorizing the City Manager, or his designee, to execute an amendment to an engineering services contract in the amount of $615,245 with Urban Engineering for Southside Transmission Main, Phase 6 - Laguna Madre Pipeline Crossing Permitting. 29. July 13. 2004 - Ordinance appropriating $2,605,124.62 from the unappropriated fund balance, which includes interest, bond proceeds, and other miscellaneous revenues, from Water CIP Fund 4080; and appropriating in Water CIP Fund 4080 for the Southside Water Transmission Main Phases 4 and 4a; amending capital budget adopted by Ordinance No. 025647 by increasing appropriations by $2,605,124.62; and declaring an emergency. 30 July 13. 2004 - Motion authorizing the City Manager, or his designee, to award a construction contract to Laughlin- Thyssen, Inc. of Houston, Texas in the amount of $7,139,820 for the Southside Water Transmission Main Phases 4 and 4a. 31 October 25. 2005 - Motion authorizing the City Manager, or his designee, to execute Amendment No.4 to the Contract For Professional Services with Urban Engineering of Corpus Christi, Texas in the amount of $1,411,580 for a total re-stated fee of $3,879,342 for the Southside Transmission Main Phase 6. EXHIBIT "A-1 Page 3 of 3 H:\HOMEIL YNDASIGEN\WATERIO.N. Stevens Water Treatment Plantl8390 - Southside Transmission Main Ph 4, 4a. 51Phase 5 ConslructionlPrior Council Action.doc SOUTHSIDE WATER TRANSMISSION MAIN PHASE 5 PROJECT BUDGET February 28, 2006 FUNDS AVAILABLE: Water Capital Improvement Budget 12,327,836 FUNDS REQUIRED: Total Construction Contract (S.J. Louis) $ 8,476,046 Contingencies 840,000 Consultant (Urban Engineering) 1,824,742 Construction Inspection 250,000 Testing 272,122 Land Acquisition 479,426 Administrative Reimbursement 75,000 Engineering Reimbursement 100,000 Printing/Advertising 10,500 Total Funds Required $ 12,327,836 EXHIBIT "B" Page 1 of 1 I- ~ a::: I o (f) ::J 0... ma::: 80 roO rx.LL 00 >- t::: o 88888888g8g I- ~""":666666666 I-- z COOOtONOOOOO CON ::l <"'1 CO '<t 0 N<"'1COIO 10 COO tON 0 "":NOcDlrilricDN"":lri"": cj~:::: ::E ......tI}......NCOtl}tI}tI}tI}tI}M Ii) tI} tI} tI} tI} E N X <( Ii) , X I- tI} ~~C NOOOOOOOOOO ro . 0 1--0000000000 ,0 Vi I-W C'"iC'"i666666666 cL :J Ol'<tOOtONOOOOO 0 -u I z- ...... tOtOOMCOlOlOCOO ::Ja::: NN'<t"lricDN......'lli,...: 0... <"'1 00000000000 00000000000 0 I- 6666NC'"i<ciN""":C'"i6 0 '0 <"'1 Z 10 1000MI--r--......tOOO 0 <n > 0 ::::l tOOCOIOIOI--OM'<tMO '<t Q)- LO ~~gt~;ig~~~g CO 'C al I-- 0 <.6 Vi ro I-- ::E I-- tI} tI} tI} tI} 0 :J C X <( to '<t -g~1- tI} <.6 - ro - tI} <n <n ro 00000000000 o ro C E 0... ~ 00000000000 I-W r-..:666NC'"i<ciN""":coj6 W rotO ro MIOLOIOOlI--r--......tOOO a::: <"'1 <n -u N......'<t'<ttOI--OM'<tMO I- to ro z- <( <"'10... ::::la::: N N rri '<t- cD N ....: lli cD ::E 0... 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I I I ~ 1"'1" mmmmmmmmmmmmmmmmmmmm \Mproject \counciJexhibits \exh8391 d. dwg ~ N ORPUS CHRISTI BA Y !!! ~ ~ FM 2444 ~ & s PROJECT LOCA TION LOCA TION MAP PROJECT No. 8391 NOr ro SCALE EXHIBIT -D- SOUTHSIDE TRANSMISSION MAIN, PHASE 5 CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI. TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE; 02/23/2006 ~ -- - - - - ~ 34 AGENDA MEMORANDUM City Council Action Date: February 28, 2006 AGENDA ITEM: Motion authorizing the City Manager, or his designee, enter into negotiations to purchase Flint Hills Tank Farm site (Site 4) for the location of the new Wastewater Treatment Plant. ISSUE: This is a presentation to Council to finalize the site selection process for the new Broadway Wastewater Treatment Plant. As per City Council directive on January 31, 2006, the City Manager and staff have engaged in preliminary negotiations with Flint Hills and Citgo and any ancillary entities and are now reporting to the Council within the required 30 days regarding the location of a new Wastewater Treatment Plant on Site 3 or Site 4, eliminating as many variables as possible. FUNDING: N/A CONCLUSION AND RECOMMENDATION: Staff recommends Council proceed with approval of the recommended location so negotiations for land purchase may begin -~~~ Foster Crowell, Director of Wastewater g I R. Escobar, P. E., irector of Engineering Services Acld'ional Support Material: Exhibit "A" Background Information H:\HOMBl YNDASIGENIWastewater\BROADWAY PLANTlPresentation AQenda . February 28 2006lMemo.DOC AGENDA BACKGROUND INFORMATION SUBJECT: Broadway Wastewater Treatment Plant Site Selection PROJECT DESCRIPTION: On January 31,2006, staff presented Council an update ofthe site selection process for a new wastewater treatment plant to replace the aging Broadway Wastewater Treatment Plant. Originally, thirteen properties, including the existing Broadway Plant site, had been reviewed for possible site selection. After preliminary screening, five sites were eliminated due to their non-feasibility and the remaining eight sites were evaluated further. Council was shown a detailed construction cost analysis for each of these sites as well as the corresponding estimated operational costs. During that meeting, Council directed staff to further evaluate sites 3 and 4 for further consideration. This presentation will address Council's questions and concerns. PROJECT BACKGROUND: The 1997 Council-approved Facilities Implementation Plan recommended diversion of the waste stream from Broadway Wastewater Treatment Plant to the Greenwood Plant. Subsequent analyses have indicated a cost far exceeding the '97 Study estimates. · At the May 15, 2001 Council meeting, staff presented an update of the '97 plan (Update #1 ) and the status of the Broadway Wastewater Treatment Plant Diversion project including progress completed, work pending, projected cost estimate and available options to diversion. Staff was instructed to further study and compare the original plan for diversion with Option No.3 to build a new Wastewater Treatment Facility within the Industrial Zone and Option NO.4 to build a new Facility at the existing location of the Broadway Plant. · At the September 18, 2001 Council meeting, staff presented Broadway WWTP Diversion Status Update #2 which included a detailed review of 4 options including: o Option 1: Divert Broadway flows to Greenwood WWTP o Option 2: Divert Broadway flows to Allison WWTP o Option 3: Build new plant in the Industrial Area o Option 4: Build new plant at the existing Broadway WWTP location · At the January 29, 2002 Council meeting, staff presented Broadway WWTP Diversion Status Update #3. This presentation included a detailed review of Options 1, 3 & 4 including cost comparisons, site evaluations and life-cycle analysis of the three different options. Council instructed staff to proceed with Option #3, a new wastewater treatment plant in the industrial area and o Begin assembling team to help with negotiations between City, Citgo and Port of Corpus Christi; and o Address issues specific to land purchase. H\HOME\l YNDAS\GENIWastewaterlBROADWAY PLANTlPresentat,on Agenda - February 28 2006\Agenda Background.doc STAFF RECOMMENDATION: Staff is recommending that Council proceed with purchase of Flint Hills Tank Farm site (Site 4) for the location of the new Wastewater Treatment Plant. FUTURE COUNCIL ACTION: Council will be requested to authorize the necessary land acquisition, engineering and construction contracts to: 1. Purchase land for the new plant; 2. Environmental and mitigation contracts; 3. Design and construct new plant and lines; and 4. Demolish existing plant. PRIOR COUNCIL ACTION: 1. AUQust 18, 1998 - Motion authorizing the City Manager, or his designee, to execute an engineering services contract with Govind & Associates, Inc. in the amount of $329,853 for engineering services associated with the Airport Ditch Outfall Improvements and Broadway Plant Lift Station and Diversion to Greenwood PlantlNueces River Delta. (Motion No. M1998-285) 2. May 5, 2001 - Motion authorizing the City Manager, or his designee, to execute Amendment NO.3 to an engineering services contract with Govind & Associates, Inc. in the amount of $43,010 for engineering services associated with the Airport Ditch Outfall Improvements and Broadway Plant Lift Station and Diversion to Greenwood PlantlNueces River Delta. (Motion No. M2001-189) 3. October 30. 2001 - Motion authorizing the City Manager, or his designee, to execute Amendment NO.5 to an engineering services contract with Govind & Associates, Inc. in the amount of $48,560 for engineering services associated with the Airport Ditch Outfall Improvements and Broadway Plant Lift Station and Diversion to Greenwood PlantlNueces River Delta. (Motion No. M2001-409) 4. April 16. 2002 - Motion authorizing the City Manager, or his designee, to execute Amendment No.6 to an engineering services contract with Govind & Associates, Inc. in the amount of $99,112 for engineering services associated with the Airport Ditch Outfall Improvements and Broadway Plant Lift Station and Diversion to Greenwood PlantlNueces River Delta. (Motion No. M2002-099) 5. July 8, 2003 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 11 to an engineering services agreement with MEI Govind Inc. in the amount of $639,621 for the Broadway Wastewater Treatment Plant Diversion Project - 36"/48" Diameter Gravity Line and Lift Station. (Motion No. 2003-239) 6. December 16, 2003 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 13 with Govind & Associates, Inc. for a total fee not to exceed $62,338 for the 24-lnch Gravity Sewer Line along Antelope Street between Palm Street and Doss Street. (Motion No. M2003-447) 7. November 16, 2004 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 16 with Maverick Engineering Inc. of Corpus Christi, Texas, for a total fee not to exceed $39,044 for a total restated fee of$1,378,811 for the Antelope Street and Salt Flats Area 36-lnch/48-lnch Wastewater Gravity H\HOME\L YNDAS\GENIWastewater\BROADWAY PLANT\Presentatlon Agenda - February 28 2006\Agenda Background.doc Interceptor Project. (Motion No. 2004-429) 8. March 29. 2005 - Ordinance approving the FY 2005 Capital Budget in the amount of $178,074,800. (Ordinance No. 026188) PRIOR ADMINISTRATIVE ACTION: 1 September 10, 1999 - Administrative Amendment NO.1 to an engineering services contract with Govind & Associates, Inc. for a total fee not to exceed $4,460 for a total restated fee not to exceed $334,313, for archaeological survey services for the Airport Ditch Outfall Improvements. 2 June 27, 2000 .- Administrative Amendment No. 2 to an engineering services contract with Govind & Associates, Inc. for a total fee not to exceed $9,480 for a total restated fee not to exceed $343,793 to evaluate alternate pump station locations. 3. June 19. 2001 .. Administrative Amendment NO.4 to an engineering services contract with Govind & Associates, Inc. for a total fee not to exceed $14,010 for a total restated fee not to exceed $400,823, to evaluate alternate pump station locations. 4. May 22. 2002 - Administrative Amendment NO.7 to an engineering services contract with Govind & Associates, Inc. for a total fee not to exceed $24,650 for a total restated fee not to exceed $573,145, for the Broadway Wastewater Treatment Plant Diversion Project. 5. November 14, 2002 - Administrative Amendment NO.8 to an engineering services contract with Govind & Associates, Inc. for a total fee not to exceed $18,195 for a total restated fee not to exceed $591,340, for the Broadway Wastewater Treatment Plant Diversion project. 6. December 24,2002 - Administrative Amendment NO.9 to an engineering services contract with Govind & Associates, Inc. for a total fee not to exceed $24, 880 for a total restated fee notto exceed $616,220, for the Broadway Wastewater Treatment Plant Diversion project. 7. February 6, 2003 - Administrative Amendment No. 10 to an engineering services contract with Govind & Associates, Inc. for a total fee not to exceed $1,300 for a total restated fee not to exceed $617,520, forthe Broadway Wastewater Treatment Plant Diversion project. 8. AUQust 29,2003 - Administrative Amendment No. 12 to an engineering services contract with Govind & Associates, Inc. for a total fee not to exceed $0 for a total restated fee not to exceed $1,257,141, for the Broadway Wastewater Treatment Plant Diversion project. 9. April 19. 2004 - Administrative Amendment No. 14 to an engineering services contract with MEI Maverick Engineering, Inc. for a total fee not to exceed $3,900 for a total restated fee not to exceed $1,323,379, for the Broadway Wastewater Treatment Plant Diversion project. H\HOMEIl YNDAS\GEN\Wastewater\BROADW AY PLANTlPresentat,on Agenda. February 26 2006\Agenda Background.doc 35 {'ITY COliN('II, \(.I,NDA MF:I\'10RANl>lf!\l lity Council Action Date: 2-28-06 \GF NHi\ ITEM \1otl\JI1 ntlv)' I/mg the (11\ 1\.,1anagn (" tll~ dC~lgncc ti' grant a pCI111itlo Subeo Operating ompam ,,(' HouslOn fe\.as 10 dnll an 011 or ~as well approxlmatelv seven \ Tl miles easterly ofthcmarina arca ." ("rp\lS 'hn";(1 Ha"l. SLllc rael N \'ell!',,, I, 0\1 and Gas Advisorv (vrnmittee's Recommendation: Approval ofLhe cxceptlonalloeation. Stafrs Recommendation: DCl1Idl 01 the c'\.ccptlOnal location [Uld in lieu Lhereof, approval of a permit to dircctionalh drill State Tracl+9 Well )~o () from an eXlsllllg c1usler area of their choice ISSUE: The City Code ,if Ordinances. Section 35-56 reqUires City Council approval of drilling permit apphcations for exceptional \\elllocatlons IT1 Corpus Chnstl Ba\ REQlilRED COllNClL AfTION: The Cily Code of Ordinances, SectIOn 35-56, sets standards for wells drilled 111 the area of COrpll' Chnsl! Ba\ southerl~ of the Slup Channel and westerly of the Intracoastal IVatcrwa) The ,veil surface I ucatlOns must bl.: located III the southwesler!) corners of the 640 acre state tracts to quail!) as regular locations \ Iso the ordinance allows the first producing \.\cll in a particular State Tract to be the desIgnated single cluster area tOr that State Tract. Unless protested. permits to drill from regular locations do not reqUire council action Exceptional \velllocations are sites outSide of the westerly comer that allow wells to be drilled as slraight or directional boreholes for the purpose of obtaming Lhc only access to the geologic target. "-ccoon J.'\- "6 allows the CowlciJ II \ gr<mt permits for excepllOnallocations Ifit is needed to prevent confiscation of propert \ The proposed c"-..:cpllonaJ locatIon IS approximately seventecn hundred and fifty (1,750) feet from the nearest permitted welll{Xation Sabco Operating Company has paid the fifteen hundred dollar ($1,500.00) pennit application fee and posted the required bond and insurancc certificate They arc requesting the exceptional locatIon to save on the cost to drill a straight hole versus direction ally drilling and to insure reaching the targeted ;Jre,} I>REVIOUS COUNCIL A(TION: On August J I 2004. the City Council granted a permit to Sabco ()pcratmg Compam to dnll ill I oil or gas v,eli at an exceptional location. approximately five (5) miles easterly of ,he manm, area 1Il Corpus Christl Ba\ State Tract 54 Well No 4. CONCUISION t\ND RECOMMENDATION: Due to scveral irregular locations bcinggrantOO at this State rract and for econornlC rcasuns, the Oil and Gas Advisory Committee unanimously voted to recommend the approval of Lhe cxcept ional v\ ell applicalion by Sabco Operating Company during their meeting on February 1, 2006. Sincc staff was not provided with evidence to substantiate the need to prevent confiscation of property Do..::umenls and Settings'! Is<,,-rMy D:,.:umenls'sabco\sabcocouncilagenda206.doc lit) Counl.l! Agenda Mcmor,l11dum cbrU8p .)1 H If, and/or cndi.:Occ thal made II nnpO~Slbli.: tn dlrcctlOoalh drill tIllS "ell from the closest established cluster as Dro\lded in ')cctlon~ 'i .:;(\ sl<dI recommends dL"llIal or the c'ecpllOnal well apphcation i khhic A '!iCC1Ul >I. (.a, Opcratlons \ttachmt'nts: Oil and Gas Advisorv Minutes Ordinance .. Corpus Christi 8av Map Ix..'WT:cnts.nd Scttings 1 S<.T \1', Dc. '.Jm~'Ilts ...abc, ..'ahc:~ (o1lIlcilagcnda206.d", B:-\(l{f;ROlJNI> INI<'ORMATI()N \1 present Sabco Operatlflg Company has a total ofthirtv (30) wells, twenty four (24) in Corpus , hn<;ti Rav and SIX (hi 1f1 the GulfofMexlco With the opening of Packery Channel and anticipation ifi'fl.ased buallllg aCl1viues. a !.HH! w,th the frequency of requests for exceptional locations, it is the i l~C( Hl1Inendatlon or slalr tn dem I he request. (ost to dnll has been the pTime reason for previous 'quesh ,md 11 b :-laW s in enl). ,n (\ ..pfiHce lhe ,\] ulllance hy keeping a minimum of established dusters per State I raet Tlie purpose of Section 3 "-'6 was to control the location by establishing an 'rded} pattern ofindivldlLJ \\(:lls and lhll aimed at pll'venting drilling Do,.uments ;md Settings.. scnMy LXlLuments.sabco\sabco<:oullcilagenda206.d<.... MJNllTES 011 A.\iD (JAS ADVISORY COMMITTEE Fcbmarv 1 2006 PRESFN~r Juan Caha.<;os, Chalrnuill. Industry Representative Gretchen Arnold. Vice Chairman. Public Representative Charlte Jacobs, Industrv Rcprcsentatnc Glelln Cdopc:r, Ahclllatc Industn ReprCscl1taliH; fl OTHERS PRESEN.I Debbie MarroqUlIL Dllcctor of Gas SerVIces. kSs/ft Cantu, Pipeline Safety Engmeer; Jack Bartoll. Gas Department Work Coordll1ator; Max Jameson, Sabco Operating Company; Bill Gregorcvk. Roval Production Co Tnc Due to the resJgnat!on of the Chalf/nan and VIce (half/naiL Ms. Gretchen Arnold called the illeetlOg to ordcr aIld asked Jor the ehxtion of Chairman and Vicc Chairman Mr. Jacobs nominated Mr. Cabasos for Chairman and Ms Arnold for Vice Chairman. Mr. Cooper seconded, and they were unanimously elected Mr Cabasos asked If everyone had revlCwed the mmutes for the meeting held on '\pnl 12, 2005 and asked fOI a motion to approve On a motlOll bv Mr Cooper. seconded by Ms. Arnold. the nllnutc~ were unanimouslv approved ConSideratIOn of an applIcation from Sabco Operating Companv for a drill site at an exceptional locatIOn In COJVus Christi Bay RecreatlOIl Area of State Tract 49 followed. Mr Jesse CaIItu stated that exceptions to Section 3:'i-5f may be granted by City CounCil If the exception is necessary to prevent confiscation of property and renders It physically impossible to make a satisfactory bottomhole location. He stated that Sabco has nol provided staff with evidence to substantiate same. Mr. Max Jameson, with Sabco Operating Company, thanked the Committee for being present, reported that Sabco has been active II1 Corpus ('hristi Bay for fifteen ( IS) years has contributed milhons of dollars indirectly to the state, city and county \",hich has helped the econon1\ He stated the price of gas has made economical opportunities available to drill in marginal reservoirs and said it was not impossible for them to directionally drill this well but that it would great! \' increase the cost to drill Me Bill Gregorcyk stated that they are drilling mto shallow sites and with directionally drilling the chance of getting stuck or never reaching the targcted area becomes much greater Mr Cantu stated that Mr Peter Davidson. the Marina Superintendent, has concern:s r...:garding increased boatmg actl\ 11) 111 this area due to Packcl)' ChaImet Mr. Jacobs asked if the City h;lS received an\ e\,mplaints due [0 the prevIous exceptIOns and there were none. Ms. Arnold d$ked "..hal IS the average Iifetim.: of a well and Mr Grcgoreyk answered ten (10) years. Mr. Cantu <tated Sabl\) has several welis thai arc shut-Ill or temporanly ahandoned and asked if they are considering plugging them Mr Jacobs mentioned the Committee has asked that a well be plugged and abandoned \\ith previous granted excepllons Ms Marroquin asked jf they have plans to drill any others and Mr. Jameson stated they arc contemplatIng dnlhng two (2) other wells if they make a well at this location. He stated the other tv. 0 (2) well" will probably be at irregular locations Mr. Cooper expressed his concerns of the bay being over run WIth exceptional locations but stated that a precedence has already taken place In this state tract. Discussion followed and it was mentioned that a straight hole would take considerably less time to drill Mr Coop(~r stated it was more desirable to have a rig at the site for one-third (II3) of the time that it would take tn directlOnally drill a well Ms. Marroquin stated that staff is not trying to prevent drillIng but would like to control the scattering of wells which was the purpose of Section 35-56 of the ordinance Discussion of the reservOIr continued and Mr. Cantu stated the proposed location would create another cluster to this state tract which has three (3) exceptional established clusters with distances .;)f 1,500', 1.750', and 2,100 from this locatIOn. Ms. Marroquin suggested if exceptional locations are going to continue to be recommended for approval to the City Council, the Committee needs to consider amending the ordinance to delete cluster requirements She then read a statement from City Attorney Jay Reining quoting if the Committee IS routinely recommending and the City Council is routinely granting Otl.md Gas Advison Conumtlci.: Minutes Page :2 February I. 2006 cxceptions. we need to look at amendmg the ordinance to meet the current needs of the industry lbe yUestlon \\ ould be wh:- did we adopt the wrrent rules and why are they no longer appropriate lbe ( otnmittec agreed that they were not III lavor of amendll1g the ordinancc but would continue to examinc on a case by case baSIS On a motion by Mr Jacobs. seconded by Me Cooper, the Committee ilnafllmously agreed that the exceptional drdl site b\.~ recommended for approval by the City Council. Mr Cabasos asked if there \\a<; any other business. Me Cantu presented copies of the bIOgraphical information form needed for appointment to the Oil and Gas Advisory Conunittee to fill the vacancics Therc bcmg no other business. the meeting adjourned at 1120 a.m nlll,lt U! D prohibited In manne Dark areas except as follows Sub-mud well producing structures may be permitted, and in the Gulf of Mexico, sub-sea well producing structures may be permitted, to be drilled from surface locations in the marine park areas that are one thousand (1,000) feet seaward of the shoreline at mean higher high tide and not closer than one thousand (1,000) feet to any recreational pier or breakwater. Other exceptions to this section may be granted by the city council upon application for a permit hereunder. and on affirmative showing by applicant that the requested exception is necessary to prevent confiscatIon of property The term "confiscation of property" as used in this instance shall not be deemed 10 eXist unless it IS established by applicant that (a) Use of a surface location outside the marine park area either on water or land, renders II physically impossible to make a bottom hole completion within such area; and (b) The need for the well cannot be eliminated by pooling or unitization; and (e) Applicant IS suffering loss through uncompensated drainage of its lease, or is in imminent danger of losing its lease; and (d) No sub.sea completion is practicable for engineering reasons. Ord. No 18177 S 1 4-11-1984) Sec. 35-56. Marine recreation area, Corpus Christi Bay. The marine recreation area in Corpus Christi Bay shall consist of that portion of the bay, not Including marine park areas. that is westerly of the following described line: Beginning at the intersection of the southeasterly boundary of State Tract 6 and the shoreline, thence along the southeasterly boundary of State Tract 6 to a point for a comer being the northeastemmost corner of State Tract 419, thence along the northeasterly boundaries of State Tracts 419 and 420; thence along the southeasterly boundary of State Tract 420; thence along the northeasterly boundaries of State Tract 446 and 445; thence along the southeasterly line of State Tract 445; thence along the northeasterly boundaries of State Tracts 453 and 454; thence along the southeasterly boundary line of State Tract 454; thence along the northeasterly boundary lines of State Tracts 470 and 469; thence along the northeasterly boundary line of State Tract 469; thence along the northeasterly boundary line of State Tract 87; thence along the southeasterly boundary line of State Tract 87 and continuing to the intersection of this line and the northeasterly boundary of State Tract 93 thence in a northwesterly direction along the common boundary line between State Tracts 93 and 84 to a point being the northernmost end of the common boundary line between State Tracts 93 and 95. thence in a southwesterly direction along the common boundary line between State Tracts 93 and 95 to its intersection with the marine park area No well surface structure shall be located in the area covered by this section except in conformity with the provisions of this section Subject to the exceptions hereafter provided in this section, in any state lease tract on which there is no well surface structure located as of the effective date all well surface structures shall be located within an area in the form of a square with dimensions of five hundred (500) feet by five hundred (500) feet The center of such areas north of the ship channel known as the Port Aransas-Corpus Christi Waterway shall be a point anywhere from four hundred sixty-seven (467) feet to six hundred sixty (660) feet from the northwest boundary line and four hundred sixty-seven (467) feet to six hundred sixty (660) feet from the northeast boundary line of said tract. The center of such areas south of the ship channel known as the Port Aransas-Corpus Christi Waterway shall be a point anywhere from four hundred sixty- seven (467) feet to six hundred sixty (660) feet from the northwest boundary line and from four hundred sixty-seven (467) feet to six hundred sixty (660) feet from the southwest boundary line of said tract. The center of each such area shall be designated in the permit for the first well to be drilled from such area. Each such area shall be termed and referred to hereinafter as the "cluster area." The first well surface http://ibraryOmumcodecom/gatewavdllnl]40/142'Jf=templates$fn=document_frame.htm$3.0$q... 1/31/2006 I'alle .., structure placed on any such tract may be located at any location within such cluster area but additional well surface structures shall be located at either ten (10) foot or two hundred fifty (250) foot spacings from the nearest existing well surface structure, except that the distance from center to corner wells in a cluster area must be three hundred fifty-four (354) feet. In any state lease tract which contains well surface structures in existence as of the effective date, all additional well surface structures placed in such tract shall be located in an area in the form of a square, with dimensions of five hundred (500) feet by five hundred (500) feet, within which the existing well surface structure shall be located, which area shall be termed and referred to as the "cluster area." Additional well surface structures shall be located at either ten (10) foot or two hundred fifty (250) foot spacings from the nearest existing well surface structure, except that the distance from center to comer wells in a cluster area may be no more than three hundred fifty-four (354) feet. In the event that any state lease tract contains two (2) or more existing well surface structures on the effective date, which are located so close together that the cluster area assigned to each would overlap, then only one cluster area shall be permitted, within which the existing well surface structure which is located closest to a corner of such tract shall be located, provided that with the acquiescence of the lessees of adjoining state lease tracts, the lessee of such tract may designate another existing well surface structure around which the cluster area shall be located. The first permit granted hereunder within any such state lease tract shall specify the location of the cluster area. In the event that any state lease tract contains two (2) or more existing well surface structures on the effective date which are located so far apart that the cluster area assigned to each would not overlap, then additional well surface structures may be placed in each of such cluster areas. With respect to state leases which cover only an area approximately three hundred twenty (320) acres in size, the term state lease tract" as used in this section shall be deemed to mean and require an area approximately six hundred forty (640) acres in size which shall be formed by combing two (2) of said state leases along the abutting long sides thereof, with such combinations to be commenced on the most easterly side of the marine recreation area where said leases are found and to be carried forward contiguously in a westerly direction so as to form areas of approximately six hundred forty (640) acres in size in the shape of a square Sub-mud well prodUCing structures shall be permitted to be installed at any location in the area covered by this section, and the drilling of wells which will be completed with sub-mud well producing structures shall be permitted from any surface location in the area covered by this section. If the location prescribed for a cluster area in this section is situated within the marine park area, ship channels or seaplane landing restricted area or any other area where surface structures are prohibited by other governmental authorities, upon application the council shall prescribe an alternate cluster area. provided that no cluster area will be prescribed in the marine park area except as contemplated in section 35-55 of this article. Exceptions to this section may be granted by the city council upon application for a permit hereunder and an affirmative showing by a lessee of any oil, gas or mineral lease situated within the area covered by this section that an exception is necessary to prevent confiscation of property. The term "confiscation of property" as used herein shall not be deemed to exist unless it is affirmatively established by lessee that use of a surface location in the applicable cluster area renders it physically impossible to make a satisfactory bottom hole completion within the applicable state lease tract. No more than four (4) production platforms shall be allowed to be maintained at anyone time in the Corpus Christi Bay Marine Recreation Area. One of said production platforms shall be permitted to be located north of the ship channel known as the Port Aransas-Corpus Christi Waterway and the remaining three (3) of said production platforms shall be permitted to be located south of said ship channel. No production platform shall be located within three (3) miles of the shoreline of Corpus Christi Bay and no production platform shall be located within three (3) miles of any existing production platform. No enlargement of production platforms or facilities exceeding fifty (50) per cent of the surface area covered thereby on the effective date or fifty (50) per cent of the height of the appurtenances thereto on said date shall be allowed unless a permit therefor is granted by the council. Any bay production facility for which a permit has been granted and which is in existence on the http://library1 O.municodecom/gateway .dlllIlI 401I 42?f=templates$fn=document-frame.htm$3 .O$q... 1/31/2006 P,wt' h ot ! effective date and which is situated on any spoil bank or island shall be exempt from the limitations for the number of platforms in this section and shall be allowed to be maintained and operated subject to the pertinent provisions of this chapter The proposed location of any production platform for which a permit is requested must be approved by the council, which approval shall be signified by the issuance of a permit setting forth the location for such production platform In determining the location of production platforms hereunder, the city council shall consider, but shall not be limited to, the following factors: The opinions of other lessees in the area to be served by ttle production platform, convenience of the proposed location with respect to all then existing production and any future production (Insofar as same can be determined) in the area to be served by the production platform, sufficiency of the proposed facilities for present production and such future production as reasonably can be estimated, appearance of the proposed facilities, including compactness and height. wldingness of Hie operator of the proposed platform to serve all parties within the area to lie served by the olatform and reasonableness of public health, safety and general welfare. (Ord No 18 77 ~ 4 11-1184) Sec. 35-57 Marine recreation area, Gulf of Mexico. The marine recreation area in the Gulf of Mexico shall be that portion of the Gulf of Mexico that is within the city limits and is more than one mile seaward of the one and thirty-seven one hundredths 37) foot above mean sea level line along the eastern side of Padre Island and Mustang Island. -~". Within the marine recreational area, an approved well structure location shall be not less than two '1undred fifty (250) feet from another well structure. (2) An exceptional well structure location shall be a well structure located within two hundred fifty ':250) feet of another well structure but recommended by the oil and gas advisory committee after holding a public hearing to determine the impact on island utilization and development relative to the size and location of the structure applied for. (3) Within the marine recreational area, production platforms shall be prohibited unless deemed necessary and shall be applied for and considered on an individual basis. fOrd No. 18177. S 1. 4-11-1984; Ord No 20092, S 1,12-1-1987; Ord. No. 22762, S 1, 11-19-1996) Secs. 35-58-35-59 Reserved. http;//llbraryIO.municode.com/gatewav.dll!]/] 40/142?f=templates$fn=document-frarne.htm$3 .O$q.. 1/3112006 .... " Sf ATe -r \2.1l\<- T 49 LOLA"fION of .(\<-<-poSfD L.J~u.. Nc '" s OC)~t ~ 36 CITY COUNCIL AGENDA MEMORANDUM AGENDA ITEM: Resolution authorizing the City Manager, or designee, to sign a donation agreement donating Columbus Ships to City of Corpus Christi. ISSUE: Spain - U.S.A. Foundation wants to donate the Columbus Ships to the City of Corpus Christi. A Consent and Release has been signed by each of the 5 interested entities. REQUIRED COUNCIL ACTION: Acceptance of donation. PREVIOUS COUNCIL ACTION: None. CONCLUSION AND RECOMMENDATION: Staff recommends acceptance of donation. ~ RTIS Chief, inistrative Law Section Legal Department Attachments: None Page 1 of 2 RESOLUTION AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO SIGN A DONATION AGREEMENT DONATING COLUMBUS SHIPS TO CITY OF CORPUS CHRISTI. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or designee, is authorized to sign a Donation Agreement donating the Columbus ships to the City of Corpus Christi. A copy of the Agreement is attached and a copy is on file with the City Secretary. ATTEST: CITY OF CORPUS CHRISTI Henry Garrett Mayor Armando Chapa City Secretary ~/st APPROVED: retflof February 2006 ~~ Chief, Administrative Law Section Senior Assistant City Attorney For City Attorney H\LEG-DIR\JosieE\OOYLE\Res - Columbus Ships. doc Page 2 of 2 Corpus Christi, Texas _ day of , 2006 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.OIR\JosieE\DOYLElRes - Columbus Ships.doc DRAFT Agreement of Donation Whereas The Spain-U.S.A. Foundation, a District of Columbia Corporation, is the owner of the full-scale replica wooden sailing vessels Nina, Pinta and Santa Maria and associated rigging, equipment appurtenances and display materials as successor in interest to the Spain '92 Foundation and the Sociedad Estatal para la Ejecuci6n de Programas y Actividades Conrnernorativas del Quinto Centenario del Descubrimiento de America, S.A. 2 i Said vessels and associated items are located in Corpus Christi, Texas in the custody and care of the Corpus Christi Museum of Science and History for public display in recognition of the shared cultural heritage of Spain, Texas and the United States, and the Museum \)f the City of Corpus Christi desires to continue to use the vessels for such purposes. 3) The Spain-U.S.A. Foundation desires to support the Corpus Christi Museum of Science and History and the CIty of Corpus Christi in the development and implementation of plans and programs to maintain the vessels for public benefit and transfer of ownership of the vessels wlll assist in the achievement of these objectives. Therefore, by the execution of this Agreement of Donation, ownership and all other rights in the said vessels Nina, Pinta and Santa Maria and their associated rigging, equipment appurtenances, and display materials located in Corpus Christi and owned by Spain- U.S.A. Foundation as aforesaid are hereby donated, transferred and assigned as is to the City of M I- M 00 N o r-J is Corpus Christi for the benefit of the Corpus Christi Museum of Science and History, and shall henceforth be subject to the sole discretion and responsibility of the City of Corpus Christi. Accepted: George K. Noe City Manager City of Corpus Christi, Texas Carlos Von Westendorp Chairman, Board of Directors Spain-U.S.A. Foundation Witness ---.---..-..----------- Witness: Printed Name --..-----...-.-- Printed Name Dated: STATE OF TEXAS COUNTY OF NUECES lIDs instrument was acknowledged before me on , 2006, by George K. Noe, City Manager of the City of Corpus Christi, Texas, a Texas home-rule Municipal Corporation, on behalf of said corporation. Notary Public, State of Texas Printed Name Commission expires ______ - 2 -