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.
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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)
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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)
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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)
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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)
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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)
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Regular Council Meeting
February 28, 2006
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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)
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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)
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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.
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February 28, 2006
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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
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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
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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)
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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.)
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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
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Upcoming Items
38. MAYOR'S UPDATE
39. COUNCIL AND OTHER REPORTS
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(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
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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
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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
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LOCA TION MAP
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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
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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
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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
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: 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
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H\USERS2IHOMFWELMIIPIGEMWAS1 EWA fERI7344>1A BROWN AND CALDWELL'AGENDA ITEMICONTRACT SUMMARY
\ Mproject \ councilexhibits \ exh 7344. dwg
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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
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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
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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
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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
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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
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SARATCH3A B,,_:tJlEVARD
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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
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PAGE: 1 of 1
rile \ Mpro)ect \/andacq \exh6262bdwg
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LOCA TION MAP
NOT TO SCALE
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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
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MARIPOSA SUBD.
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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
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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
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Brookhaven Dr.
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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
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lJ[ TO EXIST. 8" WATERlJIt:
W(8" TN'PI<<; SlIIVE NIt)
B TAPPING GATE VAlVE. . I
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C-!IOO _____ 3OQ'Jdl" P\IC C-900 ' ", Exist
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NOTE:
OFFSITE DRAINAGE EASEMENTS FOR
STORM SEWER HAVE BEEN ACQUIRED.
---_._--------~
WATER, SANITARY SEWER I
AND STORM SEWER PLAN I
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50 0 100
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DEFERRMENT EXHIBIT
FOR
BROOKHAVEN SUBDIVISION
BLOCK 8, LOT~ 2 & ~;
Cor us Christi, Texas
200
1
o 2006 by Urtlan Engineering
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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
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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
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1
2
3
4
5
6
i 8" PVC C-900
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i 8" Gate Valve and Box
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i Fire Hydrant Complete and I nplace
18" PVC Plug --- ---~
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i8" Tapping Sleeve w/8" Tapping Gate Vavle
I _."~-'-'__
. Tie to Existing Waterfine ___
,
-3-1-5 T-----.. 331-;- LF
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1 1 EA
1 ---1! EA
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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 _-
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105 LF
105 LF
105 LF
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2' EA
$25.00
$7.00
$2.00
$2,500.00
SANITARY SEWER IMPROVEMENTS:
.----.----.--1----- --~-,
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1 I
1 ;
. - -. ._- --.- --~rtH
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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
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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.
NOTARY PUBLIC, STATE OF TEXAS
APPROVED AS TO FORM: This ~ ~ day of rp.hru4 r~
By: On 11. ~ JAJ5.mrtk.
~ith
Assistant City Attorney
For the City Attorney
,2006.
Defennent Agreement Kelly Pharr gws 060203.doc
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8" CAP '11/2" \ I Brookhaven Drive
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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
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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
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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
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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
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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
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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
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PARTNERSHIP
Helping People. Changing Lives.
CHARTERED MEMBER
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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
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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
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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
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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
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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
^ ^
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PARTNERSHIP
Helping People. Changing Lives.
CHARTERED MEMBER
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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
~
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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
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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
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/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
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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
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*
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*
Article IV. Miscellaneous Boards, Commissions and Committees
*
*
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*
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<
*
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*
*
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
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PARCEL LOCA TION
FlI 24#
LOCA TION MAP
NOT TO SCALE
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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
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'-de \ADAVILA \GEN\2006 \ 4-ANGEL \AIRLlNE -WOOL.dwg
CORPUS CHRISTI
BAY
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INTERSECTION
LOCATION MAP
NOT TO SCALE
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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
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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
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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
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t lie
NOT TO SCALE
CORPUS CHRISTI
BAY
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INTERSECTION
LoeA TlON MAP
II
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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
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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
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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
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From: "A-I" Apartment House District
To: "AB" Professional Office District
. Area: .330 acres
l Purpose of Request: Development of an office building.
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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.
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· 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.
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Park A venue l
5th Street ---- ~-~
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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.
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['ase No. 0106-04 (Harry Womble)
Page 3
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· 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.
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l:l. Q · The "AB" zonmg will allow a mixed used development that could spark revitalization
~ U into the surrounding neighborhood.
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Case No. Z0106-04
Notice Map
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MID"U~l,.1.'I' .,
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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
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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
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(Exhibit A): Zoning Case No. 0106-04
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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
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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.
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, Zoning Existing Land Use Future Land Use
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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)
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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
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. 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
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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
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Zoning Report
Case No. 0106-07 (K.C. Corpus Partners, LP)
Page 3
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The subject property is platted.
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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.
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I Number of Notices Mailed:
i Favor: 0
Opposition: 0
(As of January 17. 2006)
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"B-1" District.
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28
Attachment: Zoning Map
H' \p LN-DIR\S HARED'GAILI WORD lONRPTS\2006\JanuaryIO 1 06-07CCR FPORTdoc
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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
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PARKANNEX
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NORTHWEST
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STA TE OF TEXAS,
COUNTY OF NUECES
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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.
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STATE OF TEXAS,
COUNTY OF NUECES
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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
=
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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.
.
~
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~
e
e
=
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~
.....
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
'"
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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
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-.- ~
.9 :; =
=.- ~
= E e
oS e e
Q.,oo
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~
"
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
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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
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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
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ST BOULEVARD
FR
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8-4
Case No. Z0106-08
'!llI{,','m.,.bI"
~~-J. -.,.::: _ I!', .
'l .___~ , .
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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
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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
, ,--,"""
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'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"
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MU"IIAT ___, ~... PIE., R.P.L...
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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
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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
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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.
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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.
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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
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! 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
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· 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
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25,090 a.d.t.
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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.
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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.
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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
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Notice Map
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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
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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
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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
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O. Is delivery address different from item 17
" YES, enter delivery address below:
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DYes
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7001 2510 0001 6278 6228
PS Fornl 3811 , August 2001
Domestic Return Receipt
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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-
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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
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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
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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
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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:
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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
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DEPARTMENT OF NEIGHBORHOOD SERVICES
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*** 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
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'.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"
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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
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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
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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
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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
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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.
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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
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M
00
N
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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 ______
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