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HomeMy WebLinkAboutAgenda Packet City Council - 06/27/2006 CITY COUNCIL AGENDA JUNE 27, 2006 Corpus Christi AI-AnIerica CiIV 11 :45 A.M. Recognition: "2nd Place Tournament Winners. Susan Polgar World Open Chess Competition for Girfs Goodwill Ambassador Certificates: Drue Combs. Sue Delaney, and Rose Grunji will be inducted to the Sister City International 50th Anniversary Circle of Distinguished Volunteers AGENDA CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD JUNE 27, 2006 10:00 A.M. PUBLIC NOTICE - THE USE OF CELLULAR PHONES AND SOUND ACTIVA TED PAGERS ARE PRONlSITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. Members of the audience will be provided an opportunity to address the Council at approximately 12:00 p.m. or at the end of the Council Meeting, whichever is earlier. Please speak into the microphone located at the podium and state your name and address. Your presentation will be limited to three minutes. If you have a petition or other information pertaining to your subject, please present it to the City Secretary Si Ustad desea dirigirse aJ ConciNo y cree que su ingles es limitado, habra un interprete 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 John Elford, St. John's United Methodist 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 Tem John Marez CounJi. Members: Brent Chesney Melody Cooper Jerry Garcia Bill Kelly Rex Kinnison Jesse Noyola Mark Scott City Manager George K. Noe City Attorney Mary Kay Fischer City Secretary Armando Chapa E. MINUTES: 1 , Approval of Regular Meetings of June 6, 2006 and June 13, 2006. (Attachment # 1) Agenda Regular Council Meeting June 27, 2006 Page 2 F" BOARDS & COMMITTEE APPOINTMENTS: (Attachment # 2) 2 * CC Digital Community Development Corporation Port of Corpus Christi Authority * G. EXPLANATION OF COUNCIL ACTION: For administrative convenience, certain of the agenda items are listed as motions, resolutions, or ordinances. If deemed appropriate, the City Council will use a different method of adoption from the one listed; may finally pass an ordinance by adopting it as an emergency measure rather than a two reading ordinance; or may modify the action specified. A motion to reconsider may be made at this meeting of a vote at the last regular, or a subsequent special meeting; such agendas are incorporated herein for reconsideration and action on any reconsidered item H. CONSENT AGENDA Notice to the Public The fallowing 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 bfl6n 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 separtJte discussion have been acted upon. The remaining items will be adopted by one vote. =;- MOTIONS. RESOLUTIONS. ORDINANCES AND ORDINANCES FRO P EVIOUS MEETINGS: (At this point the Council will vote on all motions, resolutions and ordinances not removed for individual consideration) 3 Motion approving a service agreement with OneSource Facility Services, Inc., of Corpus Christi, Texas for custodial service for the Frost Building in accordance with Bid Invitation No. BI-0130- 06 based on best value for an estimated annual expenditure of $75,540 of which $12,590 is budgeted for FY2005-2006. The term of the contract will be for twelve months with an option to CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regufar Council Meeting June 27,2006 Page 3 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 Building Maintenance in FY2005- 2006 and requested for FY2006-2007. (Attachment # 3) 4. Motion approving the purchase of twenty-six (26) light bars and sirens from Fleet Safety Equipment, of Houston, Texas in accordance with Bid Invitation No. BI-0157 -06 based on low total bid for a total amount of $57,720. The equipment is to be used by the Police Department on marked police patrol sedans. Funds are available in the Police Law Enforcement Trust Fund and the Police Department Justice Assistance Grant. (Attachment # 4) 5. Motion approving a supply agreement with B&G Chemicals & Equipment Co., Inc., of Houston, Texas for mosquito insecticide for a total estimated semi-annual expenditure of $49,893.80 of which $16,631.26 is for FY 2005-2006. The term of the supply agreement will be for six months with an option to extend for up to five additional six-month periods, subject to the approval of the supplier and the City Manager or his designee. The insecticide will be used by the Vector Control Division of the Health Department. Funds have been budgeted by Storm Water in FY 2005-2006 and requested for FY 2006-2007. (Attachment # 5) 6. Motion approving a supply agreement with Oil Patch Petroleum, Inc., of Corpus Christi, Texas for Reformulated Gasoline and Low Emission Diesel fuel in accordance with Bid Invitation No. BI- 0163-06 based on low bid for an estimated expenditure of $1,322,201.73 of which $220,366.95 is budgeted for FY 2005- 2006. The term of the supply agreement is for six months, with an option to extend for up to five additional six-month. periods, subject to the approval of the supplier and the City Manager or his designee. Funds have been budgeted by Maintenance Services in FY 2005-2006 and will be requested for FY 2006-2007. (Attachment # 6) 7 Motion approving a supply agreement with IDEXX Distribution, Inc., of Westbrook, Maine for the laboratory testing reagent "Colilert" in accordance with Bid Invitation No. BI-0160-06 based on only bid for an estimated annual expenditure of $37,317, of which, $6,219.50 is budgeted for FY 2005-2006. The term of the supply agreement shall be for twelve months with an option to CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting June 27,2006 Page 4 extend for up to two additional twelve-month periods, subject to the approval of the supplier and the City Manager or his designee. Funds have been budgeted by the Health and Water Departments in FY 2005-2006 and requested for FY 2006-2007. (Attachment #7) 8.a. Motion authorizing the City Manager or his designee to accept a grant in the amount of $99,326 from the Governor's Division of Emergency Management (GDEM) for funding eligible from the Department of Homeland Security. (Attachment # 8) 8.b. Ordinance appropriating $99,326 from the Governor's Division of Emergency Management in the No. 1061 Police Grant Fund to purchase law enforcement equipment for the Police Department. (Attachment # 8) 9.a. Resolution authorizing the City Manager or his designee to execute a Gift Agreement with the Friends of Corpus Christi Public Libraries which provides the City with $55,000 for improvements to the Parkdale Branch Library. (Attachment # 9) 9.b. Ordinance appropriating $257,352.70 into the Library Capital Improvement Program Fund No. 3210 for improvements to the Parkdale Branch Library from the following sources: $187,458.57 from the William T. Neyland Estate; $55,000 from the Friends of Corpus Christi Public Libraries; and $14,894.13 from unappropriated interest earnings from the Library Capital Improvement Program Fund No. 3210 for Parkdale Library improvements; amending FY 2005-2006 Capital Budget adopted by Ordinance No. 026188 to increase appropriations by $257,352.70. (Attachment # 9) 10. Motion authorizing the City Manager or his designee to enter into an agreement with the Coastal Bend Bay and Estuary Program to perform a L1DAR and Bathymetric Survey in the Nueces Delta, the work to be used as in-kind services for the City's involvement in the U S Army Corps Nueces River Basin Feasibility Study and authorizing payment of $120,733. (Attachment # 10) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting June 27, 2006 Page 5 11 Motion authorizing the City Manager or his designee to execute Change Order NO.2 to a construction contract with CCC Group, Inc., of San Antonio, Texas in the amount of $316,134 for the Corpus Christi Marina Development Project Phase III (Floating Docks E, F, G and H) for Additive Alternates NO.4 and 5. (Attachment # 11 ) 12. Motion authorizing the City Manager or his designee to execute Change Order No. 8 for the construction of an additional lift station, a wireless communications tower, and scale software for financial interface with the City's software system in the amount of $280,353 with Longhorn Excavation, Inc., of Richmond, Texas for the Cefe F. Valenzuela Landfill Site Development Project. (Attachment # 12) 13. Motion authorizing the City Manager or his designee to purchase Alvarion WiMAX equipment in the amount of $94,076.79 from Science Applications International Corporation (SAIC), of San Diego, California. SAIC is an approved Catalog Information System Vendor with the Texas Building and Procurement Commission (TBPC). This purchase will allow for the WiFi network backhaul where fiber optic cable is not available yet. (Attachment # 13) 14. Motion authorizing the City Manager or his designee to execute an agreement with the Corpus Christi Regional Economic Development Corporation (CCREDC) in the amount of $50,000 for Airport Business Development Services, effective July 1 , 2006. (Attachment # 14) 15. Motion authorizing the City Manager to execute a Deferment Agreement with Southside Ventures, L.P., (Developer), in the amount of $248,019.09 for public improvements including construction of water, wastewater, paving, and drainage improvements for Foxwood Estates Phase I, located south of Saratoga Boulevard and west of Everhart Road, in accordance with the Platting Ordinance Section V-Required Improvements, Subsection A.3.(b), contingent upon receipt of letter of credit compliant with City requirements by June 30, 2006. (Attachment # 15) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) ~ ~ ~ Agenda Regular Council Meeting June 27,2006 Page 6 16. Motion authorizing the City Manager to execute a Deferment Agreement with Southside Ventures, L.P., (Developer), in the amount of $305,119.38 for public improvements including construction of water, wastewater, paving, and drainage improvements for Foxwood Estates Phase III, located south of Saratoga Boulevard and west of Everhart Road, in accordance with the Platting Ordinance Section V-Required Improvements, Subsection A.3.(b), contingent upon receipt of letter of credit compliant with City requirements by June 30, 2006. (Attachment # 16) 17.a. Motion approving the Arterial Transmission and Grid Main Construction and Reimbursement Agreement submitted by the London Independent School District, owner and developer of Lot 1, London School Tracts, located on FM 43 approximately 8,000- linear feet west of the intersection of SH 286 and FM 43 for the installation of 8,394-linear feet of 16-inch C-905 PVC water arterial transmission main. (Attachment # 17) 17.b. Ordinance appropriating $903,019.06 from the Arterial Transmission and Grid Main Trust Fund No. 209010-4030 to pay the London Independent School District reimbursement request for the installation of 8,394-linear feet of 16-inch C-905 PVC water arterial transmission main to develop Lot 1, London School Tracts. (Attachment # 17) 18. First Reading Ordinance - Authorizing the City Manager or his designee to execute a long-term lease agreement, five (5) years, with San Antonio MT A, L.P. d/b/a Verizon Wireless to construct, maintain, and operate a sixty-foot (60') high monopole type tower for use in connection with providing communications services at the Corpus Christi International Airport in consideration of an annual rental fee and extended automatic rental terms being three (3) successive periods of five (5) years each. (Attachment # 18) 19. Second Reading Ordinance - Amending the Code of Ordinances, City of Corpus Christi, Chapter 55 regarding collection for unauthorized utility usage. (First Reading 06/13/06) (Attachment # 19) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) ~ ~ Agenda Regutar Council Meeting June 27,2006 Page 7 I. PUBLIC HEARINGS: 20.a. Public hearing to consider abandoning and vacating a parcel of unimproved street right-of-way containing 2,456-square feet out of the Plat of Brighton Village Unit 4 Subdivision, Nueces County, Texas, and located on Stone Henge Street east of Sterling Drive, in connection with the Realignment of Stone Henge Street. (Attachment # 20) 20.b. First Reading Ordinance - Abandoning and vacating a parcel of unimproved street right-of-way containing 2,456-square feet out of the Plat of Brighton Village Unit 4 Subdivision, Nueces County, Texas, and located on Stone Henge Street east of Sterling Drive, in connection with the Realignment of Stone Henge Street. (Attachment # 20) 20.c. First Reading Ordinance - Declaring as surplus property a parcel of land containing 2,456-square feet out of the Plat of Brighton Village Unit4 Subdivision, Nueces County, Texas, and located on Stone Henge Street east at Sterling Drive, in connection with the Realignment of Stone Henge Street. (Attachment # 20) 20.d. First Reading Ordinance - Approving the conveyance of a parcel of surplus property containing 2,456-square feet remaining from the Realignment of Stone Henge Street, to the adjacent property owners, Jesse and Celina Buentello, in exchange for their perpetual maintenance of the property, and authorizing the City Manager or his designee to execute a quitclaim deed for the property. (Attachment # 20) 21.a. Public hearing to consider abandoning and vacating a parcel of unimproved street right-ot-way containing 822-square teet out of the Plat at Brighton Village Unit 4 Subdivision, Nueces County, Texas, and located on Stone Henge Street at Derby Drive, in connection with the Realignment at Stone Henge Street. (Attachment # 21) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting June 27,2006 Page 8 21. b. First Reading Ordinance - Abandoning and vacating a parcel ot unimproved street right-at-way containing 822-square teet out ot the Plat at Brighton Village Unit 4 Subdivision, Nueces County, Texas, and located on Stone Henge Street at Derby Drive, in connection with the Realignment at Stone Henge Street. (Attachment # 21) 21.c. First Reading Ordinance - Declaring as surplus property a parcel of land containing 822-square teet out at the Plat of Brighton Village Unit 4 Subdivision, Nueces County, Texas, and located on Stone Henge Street at Derby Drive, in connection with the Realignment ot Stone Henge Street. (Attachment # 21) 21.d. First Reading Ordinance - Approving the conveyance ot a parcel of surplus property containing 822-square feet remaining trom the Realignment of Stone Henge Street, to the adjacent property owner, Eduardo Perez, in exchange tor his perpetual maintenance at the property, and authorizing the City Manager or his designee to execute a quitclaim deed for the property. (Attachment # 21) 22.a. Public hearing to consider abandoning and vacating a 22,692- square foot portion ot an unsurfaced, 40-toot wide dedicated public right-of-way (Yorktown Boulevard Extension), out ot Lots 9 and 24, Section 52, Flour Bluff and Encinal Farm and Garden Tracts, east of Laguna Shores Road, between the Laguna Shores Road right-ot-way and the Laguna Madre. (Attachment # 22) 22.b. First Reading Ordinance - Abandoning and vacating a 22,692- square foot portion of an unsurfaced, 40-toot wide dedicated public right-at-way (Yorktown Boulevard Extension), out ot Lots 9 and 24, Section 52, Flour Bluff and Encinal Farm and Garden Tracts, located east of Laguna Shores Road, between the Laguna Shores Road right-at-way and the Laguna Madre; subject to owner's cornpliance with the specified conditions. (Attachment # 22) 23.a. Public hearing to consider amending the Section III. H. 5 ot the Platting Ordinance to provide that completion of water and/or wastewater improvements shall comply with the more stringent development standards required by the City of Corpus Christi or the entity providing water and/or wastewater service prior to CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting June 27, 2006 Page 9 endorsement of the plat by the Development Services Engineer; providing a severability clause; providing a repealer clause; and providing for an effective date. (Attachment # 23) 23.b. First Reading Ordinance - Amending the Section III. H. 5 of the Platting Ordinance to provide that completion of water and/or wastewater improvements shall comply with the more stringent development standards required by the City of Corpus Christi or the entity providing water and/or wastewater service prior to endorsement of the plat by the Development Services Engineer; providing a severability clause; providing a repealer clause; and providing for an effective date. (Attachment # 23) ZONING CASES: 24. Case No. 0506-04. HEB Grocery Company. LP: A change of zoning from a "R-1 B/SP" One-family Dwelling District with Special Permit to a "B-4" General Business District on Alameda Estates, Block 2, Lots 7C, 7D, 7E, 7F and a portion of Lot 3, located 167 feet east of Delano Lane and Robert Drive intersection. (Attachment # 24) Planning Commission and Staffs Recommendation: Denial of the "B-4" General Business District and in lieu thereof, approval of a revised Special Permit for a parking lot and the drive-thru pharmacy subject to a site plan and five (5) conditions. ORDINANCE Amending the Zoning Ordinance, upon application by HEB Grocery Company, LP, by changing the zoning map in reference to Alameda Estates, Block 2, Lots 7C, 70, 7E, 7F and a portion of Lot 3, (currently zoned "R-1 B/SP" One-family Dwelling District with a Special Permit) by granting a Special Permit for 91 parking spaces and a drive-through pharmacy, subject to a site plan and five (5) conditions; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a penalty. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting June 27, 2006 Page 1 0 25.. Case No. 0506-06. Louis R. and Lucy Nell Evans: A change of zoning from a "R-1 B" One-family Dwelling District to an "1-2" Light Industrial District, being a 3.271 acre tract out of Lot 1, Block 1, Brezina Farm Tracts located at the southwest intersection of Bratton Road and Brezina Road and west of Weber Road (WO.W.). (Attachment # 25) Planning Commission and Staffs Recommendation: Approval of the "1-2" Light Industrial District. ORDINANCE Amending the Zoning Ordinance, upon application by Louis and Lucy Evans, by changing the zoning map in reference to Brezina Farm Tracts, being a 3.271 acre tract out of Lot 1, Block 1 from "R-1 B" One-family Dwelling District to "1-2" Light Industrial District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a penalty. 26. Case No. 0506-07. DHS Enterprises: A change of zoning from a "B-4" General Business District to an "1-2" Light Industrial District at River Square Unit 1, Lot 2, Block 3, located along the northeast intersection of Interstate 37 access road and Turtle Creek Boulevard. (Attachment # 26) Planning Commission and Staffs Recommendation: Denial ofthe "1-2" Light Industrial District and in lieu thereof, approval of a Special Permit subject to a site plan and ten (10) conditions. ORDINANCE Amending the Zoning Ordinance. upon application by DHS Enterprises, by changing the zoning map in reference to River Square Unit 1, Lot 2, Block 3, (currently zoned "8-4" General Business District) by granting a Special Permit, subject to a site plan and ten (10) conditions; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a penalty. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting June 27, 2006 Page 11 27 Case No. 0506-05. Mariano Fernandez: A change of zoning from a "R-1 B" One-family Dwelling District to a "B-1" Neighborhood Business District at Koolside Addition south 20-foot of Lot 24 and north 30-foot of Lot 25 Block 1, located 500 feet north of McArdle Road and east side of Dorothy Drive. (Attachment # 27) Planning Commission and Staffs Recommendation: Denial of the "B-1" Neighborhood Business District. ORDINANCE Amending the Zoning Ordinance, upon application by Mariano Fernandez, by changing the zoning map in reference to Koolside Addition South 20-feet of Lot 24 and north 30-feet of Lot 25 Block 1, from "R-1 B" One-family Dwelling District to "B-1" Neighborhood Business District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a penalty. 28. Case No. 0506-08. MG Building Materials: A change of zoning from a "R-1 B" One-family Dwelling District, "T-1A" Travel Trailer Park District (T -1 A), "T -1 B" Manufactured Home Park District, and a "8-4" General Business District to an "1-2" Light Industrial District in Joslin Tract, Block A, Lots 7 and 8, and 0.941 acres out of Lot 3, Section 28, Flour Bluff and Encinal Farm and Garden Tracts, located 2 I 120 feet from the northwest intersection of Ennis Joslin Road and South Padre Island Drive. (Attachment # 28) Planning Commission and Staffs Recommendation: Denial of the "1-2" Light Industrial District, and in lieu thereof, approval of a Special Permit subject to a site plan and six (6) conditions. ORDINANCE Amending the Zoning Ordinance, upon application by MG Building Materials, Ltd., by changing the zoning map in reference to Joslin Tract, Block A, Lots 7 and 8, and 0.941 acres out of Lot 3, Section 28, Flour Bluff and Encinal Farm and Garden Tracts, by granting a Special Permit for outside storage, subject to a site plan and six conditions; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a penalty. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting June 27, 2006 Page 12 J. REGULAR AGENDA CONSIDERATION OF MOTIONS. RESOLUTIONS. AND ORDINANCES: 29.a. Motion authorizing the City Manager or his designee to accept an Enforcing Underage Drinking Laws (EUDL) grant in the amount of $35,702 from 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 $20,599, and in-kind contribution of $746, for a total project cost of $57,047. (Attachment # 29) 29.b. Ordinance appropriating $35,702 from the State of Texas, Texas Alcoholic Beverage Commission in the No. 1061 State and Federal Grant Fund for funding to enforce and prevent underage drinking. (Attachment # 29) 29.c. Resolution authorizing the City Manager or his designee to execute an Interlocal Agreement with the Corpus Christi Independent School District in the amount of $6,000 for EUDL grant activities. (Attachment # 29) 29.d. Resolution authorizing the City Manager or his designee to execute an Interlocal Agreement with the Flour Bluff Independent School District in the amount of $2,000 for the EUDL grant activities. (Attachment # 29) 29.e. Resolution authorizing the City Manager or his designee to execute an Interlocal Agreement with the Calallen Independent School District in the amount of $2,000 for EUDL grant activities. (Attachment # 29) 29.1. Resolution authorizing the City Manager or his designee to execute an Interlocal Agreement with the Tuloso-Midway Independent School District in the amount of $2,000 for EUDL grant activities. (Attachment # 29) 29.g. Resolution authorizing the City Manager or his designee to execute an Interlocal Agreement with the West Oso Independent School District in the amount of $2,000 for EUDL grant activities. (Attachment # 29) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) ~.....'.'............................. ,>> ... . .. s Agenda Regular Council Meeting June 27, 2006 Page 13 29.h. Resolution authorizIng the City Manager or his designee to execute an Interlocal Agreement with Texas A&M University- Corpus Christi in the amount of $5,000 for EUDL grant activities. (Attachment # 29) 29.i. Resolution authorizing the City Manager or his designee to execute an Interlocal Agreement with the Council on Alcohol and Drug Abuse in the amount of $9,256 for EUDL grant activities. (Attachment # 29) 30. Resolution approving the FY 2006-2007 Budget for the Corpus Christi Crime Control and Prevention District. (Attachment # 30) 31.a. First Reading Ordinance - Declaring eighteen City-owned properties (listed in Exhibit C) as surplus property, which include one developed residential property located at 3705 Topeka Street and seventeen vacanttracts of land, nine of which are irregular in shape and not suitable for building (Attachment # 31 ) 31.b. First Reading Ordinance - Authorizing the sale of eighteen surplus properties (listed in Exhibit C) consisting of one residential property located at 3705 Topeka Street, and eight developable tracts which will be sold individually to the public by sealed bid, and nine irregularly-shaped properties which will be sold to the adjacent landowners in exchange for their perpetual maintenance and care of the property; and authorizing the City Manager or his designee to execute the necessary deeds for all eighteen surplus properties to be sold and conveyed. (Attachment # 31) 32. Second Reading Ordinance - Changing the name of Winnebago Street to Uptown Avenue between Carancahua Street and Upper Broadway. (First Reading 06/13/06) (Attachment # 32) K. PRESENTATIONS: Public comment will not be solicited on Presentation items. 33. 4th of July - Big Bang Celebration Presentation by Mayor's Planning Committee (Attachment # 33) 34. Summer Connections and Other Dropout Prevention Programs, Dr. Ridge Hammons (Attachment # 34) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting June 27,2006 Page 14 35 Presentation of 3rd Quarter FY 2005-2006 Budget/Performance Report (Attachment # 35) L. SPECIAL BUDGET PRESENTATION: Overview of Proposed FY 2006-2007 Budgets for Special Revenue. Internal Service and Debt Service Funds. (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 pertaining to your subject, please present it to the City Secretary.) 36 Si usted se dirige a la junta y cree que su Ingles es limitado, habra un interprete inglt3s-espanol en la reuni6n de la junta para ayudarle. PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERATE, EMBARRASS, ACCUSE, OR SHOW ANY PERSONAL DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC 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 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) /', ~ ~ Agenda Regular Council Meeting June 27, 2006 Page 15 O. REPORTS: The following reports include questions by Council to Staff regarding City policies or activities; request by Council for information or reports from Staff; reports of activities of individual Council members and Staff; constituent concerns; current topics raised by media; follow-up on Staff assignments; scheduling of future Council meetings and activities; and other brief discussions regarding city-related matters. 37 CITY MANAGER'S REPORT * Upcoming Items 38, MAYOR'S UPDATE 39, COUNCIL AND OTHER REPORTS P. ADJOURNMENT: POSTING S1 A TEMENT: This agenda was posted on the City's official bulletin board at the front entrance to City Hall, 1201 Leopard Street, at __~;,3C p,m" June 23,2006. ~ 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 Council Meeting June 6. 2006 - 10:00 a.m. PRESENT Mayor Henry Garrett Mayor Pro Tem John Marez Council Members: Brent Chesney Jerry Garcia Bill Kelly Rex Kinnison Jesse Noyola Mark Scott City Staff: City Manager George K. Noe City Attorney Mary Kay Fischer Assistant City Secretary Mary Juarez ABSENT City Secretary Armando Chapa Mayor Garrett called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Dr. Sid Garner of St. Matthew Baptist Church and the Pledge of Allegiance to the United States flag was led by Council Member Garcia. Mayor Garrett called for approval of the minutes of the regular Council meeting of May 30, 2006. A motion was made and passed to approve the minutes as presented. ~ ~ * * * * * * * * * * * Mayor Garrett called for consideration of the consent agenda (Items 2 - 6). Mr. Kinnison requested that Item 5 be pulled for individual consideration. A motion was made and passed to approve Items 2 through 6, constituting the consent agenda, except for Item 5, which was pulled for Individual consideration Assistant City Secretary Juarez polled the Council for their votes as follows: 2a. RESOLUTION NO. 026812 Resolution authorizing the City Manager or his designee to accept a grant from MarkWest Javelina Company in the amount of $8,000 for Industrial Fire Training in the General Fund Fire Department. The foregoing resolution was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola. and Scott, voting "Aye". Minutes - Regular Council Meeting June 6,2006 - Page 2 2,b. ORDINANCE NO. 026813 Ordinance appropriating $8,000 in Training Revenues received from MarkWest Javelina Company into the General Fund Fire Department for Industrial Fire Training; amending the FY 2005-2006 Operating Budget adopted in Ordinance No. 026385 by increasing estimated revenues and appropriations by $8,000 each. 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". 3.a. MOTION NO. 2006-168 Motion authorizing the City Manager or his designee to accept a $1,000 gift from Walmart to purchase books and other library materials for the Northwest Branch Library. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye". 3b. ORDINANCE NO. 026814 Ordinance appropriating a $1,000 gift from Walmart into the General Fund No. 1020 to purchase library materials and amending the FY 2005-2006 Operating Budget adopted by Ordinance No, 026385 to increase appropriations by $1,000. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote. Garrett, Che~f1ey, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye". 4.a. MOTION NO. 2006-169 Motion authorizing the City Manager or his designee to accept an amendment for a grant increase in the amount of $555 to Contract No. 771-06040 with the Texas State Library and Archives Commission to augment unexpended funds to allow for additional staff training and travel The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye". 4.b. ORDINANCE NO. 026815 Ordinance appropriating an additional $555 from an amendment to Contract #771-06040 from the Texas State Library Archives Commission into the No. 1068 Library Grants Funds to augment unexpended funds to allow for additional staff training and travel. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott. voting "Aye". Minutes - Regular Council Meeting June 6, 2006 - Page 3 6 ORDINANCE NO. 026816 Amending the Corpus Christi City Code of Ordinances, Chapter 12 - Boats, Bays and Waterways, Article III - Marina, Section 12-46 - Prohibition against living aboard water craft, by changing "Prohibition against" to "Policy regulating" and directing Marina Superintendent to adopt a live aboard policy and limiting the prohibition to "Except as authorized by the Policy"; providing for penalties under Section 1-6, City Code of Ordinances. (First Reading 05/30/06) 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 opened discussion on Item 5 regarding the reconstruction of County Road 20 for the Cefe F. Valenzuela Landfill Site Development Project. Mr. Kinnison asked if the city had asked Nueces County to participate in the project since it was a county road. Assistant Director of Engineering Kevin Stowers stated that the city met with County Director of Public Works Glen Sullivan before bids were issued to discuss facility access to the road and the road's poor condition. He said currently the road could not support truck traffic. He said Mr. Sullivan stated that the city would need to repair the road because the county did not have the funding at this time. Mr. Kinnison asked if the city had made any further attempts to discuss the project funding with the county judge or commissioners, noting that the county's recent construction bids for their bond projects had come In under budget. City Manager Noe replied that staff would submit the project to the Commissioners Court and request that the county reimburse the city for the work with the available funds rather than hire a contractor independently. Assistant City Secretary Juarez polled the Council for their votes as follows: MOTION NO. 2006-170 h .,) Motion authorizing the City Manager or his designee to execute Change Order No.7 for the reconstruction of County Road 20 from FM 2444 to the Cefe Valenzuela County Road 20 Drainage Culverts in the amount of $389,862.80 with Longhorn Excavation, Inc., of Richmond. Texas for the Cefe F Valenzuela Landfill Site Development Project. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, and Noyola, voting "Aye"; Scott was absent. ~ + * * * * * * * * * * * Mayor Garrett referred to Item 7, and a motion was made, seconded, and passed to open the public hearing on the following zoning case: Case No. 0506-03. Yorktown Oso Joint Venture: A change of zoning from a "FR" Farm- Rural District to a "R-1 C" One-family Dwelling District. The property being 37.510 acres out of Flour Bluff and Encinal Farm and Garden Tracts, Section 25, portions of Lots 17 through 20, portions of Lots 29 through 31, and a portion of Dunn's Point Drive, Block 3, Lot 15 and Block 4, Lot 1, located south of Yorktown Boulevard and east of the future extension of Rodd Field Road. Assistant City Secretary Juarez said the Planning Commission and staff recommended approval of the "R-1 C" One-family Dwelling District. Minutes - Regular Council Meeting June 6, 2006 - Page 4 No one spoke in opposition to the zoning change. Mr. Garcia made a motion to close the public hearing, seconded by Ms. Cooper, and passed. Assistant City Secretary Juarez polled the Council for their votes as follows: 7 ORDINANCE NO. 026817 Amending the Zoning Ordinance, upon application by Yorktown Oso Joint Venture, by changing the zoning map in reference to being 37.510 acres out of Flour Bluff and Encinal Farm and Garden Tracts, Section 25, portions of Lots 17 through 20, portions of Lots 29 through 31, and a portion of Dunn's Point Drive, Block 3, Lot 15 and Block 4, Lot 1, from "F- R" Farm Rural District to "R-1 C. One-family Dwelling District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a penalty clause. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, and Noyola, voting "Aye"; Scott was absent * ~ * * * * * * * * * * * Mayor Garrett deviated from the agenda and opened discussion on Item 10 regarding the South Texas Aggregation Project, Inc. ("ST AP") electric supply agreement. Assistant City Manager Oscar Martinez explained that the city's current ST AP contract would expire at the end of this year. He said today's resolution requested authority to continue negotiations for a new contract in 2007 with Constellation Energy. He said staff was recommending this course of action for two reasons: First, since retail electric prices were so closely tied to natural gas prices, he said the market lacked any true competition. Second, he said issuing an RFP for service would require an additional 60 days from initial preparation to final contract negotiations into the contracting process. Also, he said staff felt that Constellation had been responsive to members' needs and questions, and Constellation had indicated that they remained committed to providing superior quality service. Assistant City Secretary Juarez polled the Council for their votes as follows: 10 ORDINANCE NO. 026819 Resolution of the City of Corpus Christi, Texas, authorizing the South Texas Aggregation Project, Inc. ("ST AP") to negotiate an electric supply agreement for deliveries of electricity effective January 1, 2007; authorizing the City Manager or designee to sign a contract with STAP for the City of Corpus Christi's 2007 and, if economically feasible, 2008 electricity needs; and committing to budget for energy purchases in 2007 and, if economically feasible, 2008 and to honor the City of Corpus Christi's commitments to purchase power for its electrical needs in 2007 and if economically feasible, 2008 through STAP. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, and Noyola, voting "Aye"; Scott was absent. Mayor Garrett opened discussion on Item 11 regarding property tax exemptions for charitable organizations. Assistant City Manager Oscar Martinez reported that Section 11.184 of the Texas Tax Code allowed cities to grant tax exemptions to qualified charitable organizations, either local or statewide. He briefly described the three-step process that charitable organizations had to engage in to receive tax exempt status. In summary, Mr. Martinez was requesting that the Council adopt the guidelines for the exemptions as defined by the State of Texas. Minutes - Regular Council Meeting June 6, 2006 - Page 5 ML Martinez stated that the city had received two requests for property tax exemptions from AI Amin Shrine Center and Masonic Lodge No. 189 AF. & AM. He referred to a chart outlining their property's current taxable value and the city's 2005 property tax levy. No one commented regarding the items. Assistant City Secretary Juarez polled the Council for their votes as follows: 11.a. RESOLUTION NO. 026820 Resolution approving guidelines regarding request from qualified charitable organizations for property tax exemption under Section 11.184 of the Texas Tax Code. The foregoing resolution was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye". 11.b. RESOLUTION NO. 026821 Resolution granting request of AI Amin Shrine Center for property tax exemption under Texas Tax Code Section 11 184. The foregoing resolution was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye". 11.c. RESOLUTION NO. 026822 Resolution granting request of Corpus Christi Masonic Lodge No. 189, AF. & AM. for property tax exemption under Texas Tax Code Section 11.184. The foregoing resolution was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly. Kinnison, Marez, Noyola, and Scott, voting "Aye". Mayor Garrett opened discussion on Item 9 regarding a Natural Gas Supply, Transportation, and Facilities Construction contract. Director of Gas Operations Debbie Marroquin stated that the city's current supplier was National Energy & Trade, L.P. of Houston, TX for a term ending July 1, 2006. She said the city's current natural gas price was based on the Houston Ship Channel Index (HSCI) monthly plus 20 cents. In March 2006. Ms. Marroquin reported that staff issued a Request for Proposal (RFP) for a term of 36 months with an option to extend two twelve-month periods or for a five-year contract. The RFP required that the supplier meet 100 percent of the city's daily natural gas requirements through its seven systems, with a number of exceptions. The exceptions were as follows: the city retained the right to accept "mineral interest gas"; to purchase gas from another source if backup delivery in Flour Bluff is not achieved; and to purchase LNG from another source other than the seller. Ms. Marroquin also reviewed a map of the city's seven independent gas systems as follows: Corpus Christi, Annaville/Calallen, Padre Island, Country Creek, North Beach, Farm Taps, and Packery Channel Ms. Marroquin stated that the city received two responses to the RFP from National Energy & Trade (NET) and Crosstex Energy Services respectively, noting that this was only the second time in the gas department's history that the RFP was competitive. She said the city hired RJ. Covington Consultants in April 2006 to evaluate the proposals based on two components, the reservation fee and the gas cost. She explained that National Energy & Trade calculated their gas cost by using the HSCI daily plus ten cents; Crosstex used the HSCI monthly plus 15 cents. To summarize, she said Minutes - Regular Council Meeting June 6,2006 - Page 6 the gas cost for each proposer was approximately $30 million, with the difference between the gas cost being $325,000, or one percent. Regarding the reservation fee (cost necessary to construct facilities to deliver natural gas to the city's gates), Ms. Marroquin said that National Energy & Trade was charging $834,000 while Crosstex was charging $411,000, primarily because NET proposed to include approximately 24 miles of pipeline and associated rights-of-ways. The associated pipelines would allow the city to directly feed the farm taps on Highway 44; increase pressure; back feed the Flour Bluff and Naval Air Station; and direct feed the Country Creek area. In addition, Ms. Marroquin said that NET offered to make a $50,000 per year donation to Operation Heat Help. In conclusion, Ms. Marroquin stated that R.J. Covington and staff were recommending National Energy & Trade to continue serving as the city's gas supplier, based on the city's acquisition of certain facilities and the annual Operation Heat Help donation of $50,000 annually for five years. Mr. Kelly asked if NET currently owned the additional pipelines in question. Ms. Marroquin answered affirmatively, adding that they would be transferred to the Gas department on July 1 at 9:00 a.m. In response to Mr. Kelly's questions, Ms. Marroquin stated that NET would transfer the pipelines to the city for $400,000 a year. Once the city owned the systems, she said the transmission lines would not cost much more to maintain because the lines were cathodically protected. She said the city was looking at connecting the high pressure systems on Highway 44 to the other systems in the future, but would need to acquire additional right-of-way. Overall, she said the city would see a net savings from NET's offer; if the city were to install the pipelines independently, the cost would be over $7 million. She said she did not know when the systems would be connected, but she said it would take approximately 47 working days to connect Highway 44 to Sedwick, and 95 days to connect Sedwick to Clarkwood. Referring to the transmission main map, Mr. Marez asked why a new pipeline was planned down Yorkiown Boulevard, when an existing line down Saratoga Boulevard could be extended. He was concerned that the city was stretching its assets to meet growth in the Yorktown area at the rest of the city's expense. Ms. Marroquin replied that the Yorktown Boulevard line was an existing line, and the city would not have to acquire rights-of-way or easements to extend it. Assistant City Manager Ron Massey added that the map only showed transmission mains; the city also had low pressure mains in many areas not shown on the map. He said staff hoped to use the transmission mains to connect parts of the system that were isolated and fed by limited sources. NET's proposal provided another connection to Country Creek to continue to supply them if their regular line went down, and could also provide a link to the Naval Air Station. He said the city could take control of the proposed pipelines using lower pressure lines. Mr. Noyola asked how much money the city would save by entering into this contract. Ms. Marroquin answered that if the city were to obtain the pipelines independently, then the approximate cost would be $7 million. By entering into the contract, the city would pay $2 million over the five years term of the contract, a savings of $5 million. Mr. Noyola asked Assistant City Manager Martinez to consider this savings before the city proposed any future utility rate increases. Assistant City Secretary Juarez polled the Council for their votes as follows: Minutes - Regular Council Meeting June 6.2006 - Page 7 9 RESOLUTION NO. 026818 Resolution authorizing the City Manager or his designee to execute a five year Natural Gas Supply, Transportation, and Facilities Construction Contract with National Energy & Trade, L.P., of Houston, Texas for the purchase of 100% of the City's natural gas requirements to begin on July 1, 2006 and expire on July 1, 2011. The foregoing resolution was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye". Mayor Garrett opened discussion on Item 12, a first reading ordinance to increase the local 9-1-1 wireline service fee. City Manager Noe explained that to provide for the expense associated with the operation of this system, the city was authorized to assess and collect a monthly 9-1-1 service fee on all city residential and business lines. Thus, he said the proposed budget included a fee increase as a funding stream. Acting Police Chief K.A. Bung added that the PUC required that the city wait 60 days before collecting fees to allow providers time to modify their billings. He said the proposed fee increase was from $.70 to $1.00 for all residential lines and $.90 to $1.20 for all business lines. He said staff planned to use the revenues to upgrade the system and cover additional operating expenses. No one spoke regarding the proposed fee increases. Assistant City Secretary Juarez polled the Council for their votes as follows 12. FIRST READING ORDINANCE Amending the Code of Ordinances, City of Corpus Christi, Chapter 55, regarding definition of local exchange access line and 9-1-1 service fees; providing for penalties. 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 referred to Item 8, a presentation regarding the Unified Development Code (UDC) public review draft. Assistant Director of Development Services Michael Gunning stated that an intensive 45-day public review period on the proposed draft began on June 5. Since it was a voluminous document, he said staff provided a matrix outlining the proposed changes included in the draft for the Council's convenience. Mr. Gunning introduced Mr. Lee Einsweiler with Duncan Associates to discuss the proposed draft. Mr. Einsweiler explained that the UDC project was initiated a year and a half ago with a review of the city's existing regulations. He said the code was drafted in modules with a Blue Ribbon Committee and staff, whose recommendations were then incorporated into the proposed draft. Mr. Einsweiler emphasized that the proposed draft was the public review draft, not the draft for adoption. He said the review period would run from June 5 to July 19, approximately 45 days. He asked the public to feel free to comment on any of their concerns. At the end of the comment period, he said the team would put all the comments in a single table and each comment would be reviewed in preparation for the adoption draft. If an adoption draft was completed by August, then the Planning Commission and City Council hearings were tentatively scheduled for the fall. He noted, however, that the public review period could be extended if needed to address any major concerns raised. He said the effective date for the code would likely be January 1,2007. Minutes - Regular Council Meeting June 6, 2006 - Page 8 Mr. Einsweiler discussed the most significant changes in the draft document. First, he cited the creation of the Development Review Committee, comprised of designees from all the major departments, to streamline the staff approval process and site plan review process. Second, he said the draft consolidated the zoning districts, collapsing the existing districts. Third, the draft provided for three types of residential subdivisions as follows: conventional; cluster; and conservation. Fourth, the draft included modifications to the landscape buffers (Le. between zoning districts, around parking lots, and streets) and added a requirement for tree canopy. Finally, he said the draft included a requirement for future public open space for park land dedication and Improvement fees. Mr. Scott asked staff to include an in-depth description of the proposed park land improvement fees in his Council packet this weekend. Mr. Einsweiler stated that the park land requirement was modeled after the mandates established by State case law, initiated by a case in College Station. He said the improvement fee rates differed for single-family and multi-family units, and generated the land dedication. In addition, an improvement fee would be charged and assessed on top of the improvement fee. He said the team had not established a fee at this point. Mr. Gunning added that the city's current rate for park land dedication was either cash in lieu of or equal to five percent of raw land market value or five percent of the land. Mr. Einsweiler stated that the proposed improvement fee was unit-based: one acre per 230 units per single-family and one acre per 260 units for multi-family. Mr. Einsweiler referred to an outline of the significant changes in the UDC as follows: the existing platting and zoning ordinances were combined; the development review procedures were consolidated; the permitted uses in the zoning ordinances were combined into one Use Table; the general development standards (e.g. landscaping, signs, etc.) were consolidated; and the enforcement, nonconformities, definitions sections were consolidated into their own articles. Mr. Einsweiler stated that the old Platting and Zoning Ordinance was 332 pages long, while the draft UDC was 390 pages long. He said the principal difference between the documents was that other portions of the city code were incorporated into the UDC (e.g. Chapter 14 - Floods), but for the most part. the proposed document was approximately the same size. Mr. Einsweiler briefly covered each section of the draft UDC. In Article 1 - General Provisions, he highlighted the transitional provisions for existing violations and dormant projects. In Article 2 - Development Review Bodies, Mr. Einsweiler pointed out a new table summarizing the review authority for the bodies. In Article 3 - Development Review Procedures, Mr. Einsweiler mentioned new review procedures, including Historic Overlay District designation, Site Plan Review, Master Sign Plan, and Temporary Use Permits I n Article 4 - Base Zoning Districts, Mr. Einsweiler pointed out that the major changes were primarily in the nomenclature of the districts, but noted that the Historic Overlay was the only new district. In Article 5, Use Regulations, Mr. Einsweiler stated that three new subdivision types (conventional, cluster, and conservation) were created, in addition to new housing types and industrial housing provisions. I n Article 7, General Development Standards, Mr. Einsweiler said changes were made to areas including access and circulation, parking, landscaping, signs, outside display, outdoor lighting, Minutes - Regular Council Meeting June 6, 2006 - Page 9 building design, dune protection, and flood hazard reduction. In Article 8, Subdivision Design, Mr. Einsweiler pointed out that a major change was that the city would only maintain public facilities that were built to standards. He also noted that a provision in this article required that in the ET J, all lots within a mile of a sufficient wastewater system must connect was controversial and would more than likely be amended. Mr. Kelly expressed concern about the wastewater design provision because the city would have to initiate an aggressive capital improvement project to expand the city's sanitary sewer system. Unless the city expanded the system, he said many lots in Clarkwood, FM 624, and Leopard Street would not be available for development if the city adopted this provision. Mr. Einsweiler replied that the development community shared Mr. Kelly's concerns about existing land areas that would be rendered unbuildable if this provision was adopted. He also covered other subdivision design improvements including public open space, improvement guarantees, and city participation requirement. Regarding Article 9. Nonconformities, Mr. Einsweiler stated that the principal theme was to clarify that separate nonconforming uses were different from nonconforming structures. In addition, he said the Article included changes to the triggers and thresholds for nonconforming use to make it easier to redevelop older properties in the city. With regards to Article 10, Enforcement, Mr. Einsweiler reported the article was intended to clarify the city's enforcement rights. Finally, regarding Article 11. Definitions, Mr. Einsweiler stated that undefined words have their normal dictionary definition and struck unused terms. In conclusion, Mr. Einsweiler reiterated that the 45-day public review would end on July 19; copies of the UDC were available online, in the public libraries, and the Development Services office. He noted comments were best received online through an online form. Mr. Gunning added that individuals could also send their comments directly to him or Ms. Sylvia Arispe in Development Services Mayor Garrett asked about the timeline for adopting the UDC. Mr. Gunning replied that staff had tentatively scheduled the UDC for Council action during the second week of November. Mr. Einsweiler pointed out that the Council would receive a new draft responding to the comments in the public review would be available in August. Mr. Garcia stated that he felt the language in the draft UDC was excessively bureaucratic and too general. He expressed concern that many of the potential effects resulting from the new provisions In the UDC would increase developers' costs. He also felt that "affordable housing" needed to be defined since it was no longer in the $80,000 price range. He said that he would reserve most of his questions until after he had reviewed the document more thoroughly and spoken with Mr. Gunning. Mr. Gunning replied that he would improve the UDC change matrix to include page number references. In response to Mr. Garcia's question, Mr. Gunning replied that the development community was concerned that the potential increase in fees to develop a lot would minimize the funding available for home construction. He also said staff would be discussing the street buffering system to see if it was cost effective. Mr. Marez stated that his primary concern was to ensure that the public review process was as inclusive as possible. He asked about the response from the public forum held yesterday. Mr. Gunning replied that no one attended the public meeting held last night. Mr. Marez asked when the meeting was announced. Ms. Sylvia Arispe with Development Services replied that the Public Minutes - Regular Council Meeting June 6, 2006 - Page 10 Information Office sent out a media release last week announcing the public meeting. In addition, she said Development Services attempted to contact all interest groups such as homeowners associations and school superintendents. She also said other meetings would be held in June and July. Mr. Marez replied that he thought the notices should go out earlier and multiple times in order to reach the most people, especially during the summer months. Mr. Gunning stated that city staff was willing to make presentations to any community groups. Mr. Noyola agreed with Mr. Marez's concern about informing the public about the public review period in a timely manner. He was also concerned that the potential fee increases resulting from the UDC could affect affordable housing rates. Mr. Einsweiler replied that he felt the draft UDC as a whole helped the affordable housing effort; he said he would be glad to speak with Mr. Noyola about his concerns. Mr. Scott stated that he was contacted by an individual who had attended the Planning Commission meeting and expressed concern that the draft UDC was going to destroy the development community. Mr. Scott expressed frustration that he had not been able to obtain a copy of the draft UDC before today's meeting, despite his requests, so he could discuss the individual's concerns. Since the development community was going to be calling the Council about their concerns, he said it was important that the Council be furnished with an up-to-date copy of the draft UDC. Mr. Gunning replied that as staff worked with the document over the next 45 days, they needed to ensure that all the interested parties had the same document. He emphasized that staff would not be updating the document until after the public review period because frequent updates had caused confusion in the past. Mr. Scott stated that the development community's perception was that the draft UDC was a done deal. He asked staff to keep this in mind when they were speaking to the community. He said he was inclined to support staffs recommendation, but he asked them "to help him help them". Mr. Einsweiler said that the Council would be better served by reviewing the comments once the public review period was complete. He said the team would put the comments in a matrix and discuss each concern, and respond to them; the result would be a document that was right for Corpus Christi. ~ ~ * * * * * * * * * * * Mayor Garrett called for a brief recess to present proclamations. * * * * * * * * * * * * * The Council returned from recess. Mayor Garrett announced the executive sessions, which were listed on the agenda as follows: 14 Executive session under Texas Government Code Section 551.071 regarding fire collective bargaining negotiations, with possible discussion and action related thereto in open session. 15. Executive session under Texas Government Code Section 551.071, regarding contemplated litigation by Donald Beadman, with possible discussion and action related thereto in open session. 16. Executive session under Texas Government Code Section 551.071 regarding Larry Young, et al v. City of Corpus Christi, Cause No. 13-03-00559-CV, in the Thirteenth District Court of Appeals, with possible discussion and action related thereto in open session. Minutes - Regular Council Meeting June 6, 2006 - Page 11 17. Executive session under Texas Government Code Section 551.071 for private consultation with its attorney regarding potential claims related to the construction of the American Bank Center Arena, with possible discussion and action in open session. The Council went into executive session. The Council returned from executive session and the following motion and ordinance were passed with the following vote: 17.a. MOTION NO. 2006-171 Motion authorizing the City Manager or his designee to execute Change Order No. 14 (Final) with Construction Manager at Risk Contract with Fulton/Coastcon, Joint Venture, of Corpus Christi, Texas in the amount of $187,878 as final settlement of claims and disputes related to the construction of the American Bank Center Arena and securing release from the contractor. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Garcia, Kelly. Kinnison, Marez, and Scott, voting "Aye"; Chesney and Noyola, voting "No". 17.b. ORDINANCE NO. 026823 Ordinance appropriating $187,878.00 from the Unappropriated Fund Balance of the Arena Facility Fund No. 1130 for Change Order No. 14 as final settlement of claims and disputes related to the construction of the American Bank Center Arena; amending the FY 2005-06 Annual Operating Budget adopted by Ordinance No. 026385 by increasing appropriations by $187,878.00 An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Garcia, Kelly, Kinnison, Marez, and Scott, voting "Aye"; Chesney and Noyola, voting "No". ~ * ~ * * * * * * * * * * Mayor Garrett called for petitions from the audience. No one in the audience asked to be (ecognizea * * * * * * * * w * * * * Mayor Garrett referred to Item 13, an overview of the proposed FY 2006-2007 General Fund Budget. Assistant City Manager Oscar Martinez stated that the beginning balance in 8/1/06 was $19,548,685; and total revenues and expenditures were $174,140,565. He stated that the closing balance would then be $19,548,685, noting that this amount included the capital reserve authorized by Council resolution. He said the capital reserve provision stated that if the city had an excess of 10 percent in the unreserved fund balance, then anything over the ten percent amount could be Invested in one-time capital projects. Mr. Martinez reviewed the city major revenues sources as follows: ad valorem taxes (27 percent); sales tax (23 percent); other (13 percent); solid waste (16 percent); franchise fees (9 percent); interdepartmentai (3 percent); administrative charges (3 percent); industrial district (3 percent); and municipal court (3 percent) Council members asked questions about the swimming pool inspection fee and the franchise fees. Mr. Martinez reviewed a list of revenue increases anticipated in FY 2006-07, which totaled $8,100,381 He also reviewed a chart depicting the history of net taxable values from 1995 to 2006. Minutes - Regular Council Meeting June 6,2006 - Page 12 Mr. Martinez stated that the FY 2006 tax rate was $.426624 and the FY 2007 tax rate was $A08231. Mr. Martinez discussed a chart depicting the percent change in sales tax collections. He said the 2006 tax collections were estimated at 5A percent higher than in 2005, and 3.5 percent higher in 2007. Mr. Martinez reviewed the solid waste services fee increases required to fund the debt associated with the new Cefe Valenzuela landfill and transfer station. He pointed out that the MSWSS charge increased by 26 percent for vendors and by slightly more than 5 percent for residential homeowners Mr. Martinez referred to a chart depicting the major expenditures by department. He noted that Fire/EMS (20 percent) and Police (32 percent) comprised 52 percent of the city's total expenditures. Mr. Martinez covered a chart illustrating the full-time equivalent changes in the FY 2005, 2006 and 2007 budgets He noted that the FTEs in FY 2007 increased by 10.93 compared to FY 2006, but there was a net reduction overall if the 15 positions created for the new landfill were excluded. He also stated that the city had $480,700 in unfunded salaries, equivalent to approximately 13 FTE reductions, because staff had worked to maintain a level staffing budget. Mr. Noe clarified that in essence, staff was not filling vacant positions when they became vacant. He said staff used a "balanced scorecard" process to determine when there was more work than staff could produce effectively. Mr. Martinez referred to a chart depicting General Government expenditures by function. He noted that the city's capital expenditures were not keeping pace with the equipment maintenance and replacement needs. He said staff was working to develop a program that would structure the capital replacement program across all departments. He also said an additional $100,000 was included in the budget for legislative efforts; and $172,700 was allocated to human resources for centralized funding for training. In addition, he said two Deputy City Marshals were being added to provide security for the Court and Police buildings. Mr. Martinez referred to chart illustrating the Fire department's expenditures by function, noting that an additional $100,000 was budgeted in Reserve for Capital to supplement the $351,500 capital budget. He noted that $884,632 was being budgeted for two academies in November 2006 (24 firefighters) and November 2007 (25 firefighters). He said $140,000 was being budgeted for improvements to fire station roofs and driveways. Mr. Martinez referred to a chart depicting the Police department expenditures by function. He said the department's total FY 2007 budget was $54,492,206, with only $805,000 set aside for capital expenses (35 police package sedans). He also noted that $754,035 was set aside for two academies in September 2006 (21 officers) and July 2007 (25 officers) respectively, which should keep the department at their authorized strength. Mr. Martinez referred to a chart illustrating the Health department's expenditures by function. He noted that $63,200 in funding was included for the TB Clinic due to reduction in a State grant. Regarding the Libraries department expenditures, Mr. Martinez stated that $50,000 had been included to replace a Fire Panel in the Central Library building to meet the Fire Code. He also said the libraries were contracting with a collection agency for enhanced collection efforts on outstanding delinquencies. Minutes - Regular Council Meeting June 6,2006 - Page 13 Regarding the Park and Recreation department expenditures, Mr. Martinez noted that there appeared to be a projected decrease in the total budget. In reality, he said the budget was reflected at a lower rate because of a $417,000 grant surplus in the Senior Community Services division. He also mentioned capital equipment purchase, skill-based pay initiatives in Park Maintenance, and a decrease in FTEs for Life Guards, Beach Maintenance and Beach Parking Permits. Regarding Street Services expenditures, Mr. Martinez noted that the FY 2007 budget Increased by $600,000 to maintain current service levels because of the increase in material costs. He added that an additional $800,000 was being budgeted for more street work and for six replacement vehicles. Council members asked questions about the hot mix material used for potholes. Regarding the solid waste services expenditures, Mr. Martinez stated that $2.3 million was being allocated for the Cefe Valenzuela landfill operations. He noted that there was a $400,000 decrease In the lease purchase payments Regarding the Community Development/Engineering expenditures, Mr. Martinez noted that the Model Block Program and Solid Waste code compliance were being added to the Neighborhood Services department Mr. Martinez discussed the proposed uses for the Reserve for Capital Improvement, which was estimated at $1 ,036,000, as follows: Central Library Fire Panel; Ben Garza Gym a/c; Lindale Senior Center a/c; Ethel Eyerly Senior Center a/c; Fire station driveways; and street maintenance. In conclusion, Mr. Martinez discussed the budget calendar as follows: June 13 - enterprise funds; June 27 - special revenue/internal service/debt service funds; July 11 - public hearing; July 1 ts - first reading; and July 25 - second reading and adoption. Mr Domingo Ibarra CCPOA president, spoke in support of the budget allocations for public safety. * * ~ * * * * * * * ~ * * Mayor Garrett called for the City Manager's report. City Manager Noe reported that the draft UDC was available for input on the city's website. He also stated that at next week's Council meeting, a presentation on the Enterprise funds and a public hearing on Crime Control and Prevention District budget, and a Model Block Program item were scheduled. Mayor Garrett called for Council concerns and reports. Mr. Noyola reported that many constituents had called about flooding in Las Colonias. Assistant City Manager Massey explained that the Las Colonias subdivision, west of Greenwood and north of Saratoga, received the most flooding during Thursday's heavy rain event. He said the subdivision was located near Lavollo Creek, where three major drainage channels went into the creek. He said the rainfall in a seven- hour period was 11.38 inches, exceeding a 100-year rain event total by three inches. He said Lavollo Creek could not handle the water so it backed up into the lower land, including the Las Colonias subdivision. He said the city was making efforts to address the damage. Mr. Noyola asked if the construction in the area could have been another cause of the flooding. Mr. Massey answered negatively, saying their photos showed that the culverts had sufficient capacity, but were simply overwhelmed by the storm event Mr Kelly reported drainage problems at the Douglas subdivision, off of Suntide Road. He said that since the warehouse development on Suntide, residents reported that the water was sheeting off of the parking lots and into residents' homes. He said that he thought the city had Minutes - Regular Council Meeting June 6,2006 - Page 14 asked the property owner to put in a system to divert the water to Suntide Road. Assistant Director of Development Services Mary Frances Teniente replied that the Culp's property backed up to the Industrial warehouses on Suntide Road. She said staff became aware of the drainage problem in 2004 during a heavy rain event. She said staff sent letters to the property owner asking them to address the problem, although she noted that she was unable to find copies ofthe letters. She said staff would attempt to contact the property owner again. Mr. Kelly replied that he wanted staff to understand that the residents were frustrated that two years after that had initially reported the drainage problem, they were flooded out again because the city had not addressed it. Mr. Kelly also spoke regarding chronic flooding on Tuloso Road and IH-37. Assistant City Manager Massey said the water drained along Leopard Street until it reached a divide at IH-37. He said staff did not have a good solution for the drainage problem at the moment. He said generally, the city drainage system had problems with drainage coming off of I H-37 at numerous locations. He said staff needed to revisit the situation with TxDOT. Mr. Kelly stated that three homes across from the old Tuloso school were particularly vulnerable to flooding. He said one of the homeowners, Mr. Miller, reported the flooding two years ago. At that time, the city determined that there may be Inadequate capacity going under the highway. He asked if TxDOT needed to be involved to resolve the problem. Mr. Massey answered affirmatively, saying that TxDOT designed their highways to a lower level of protection Mr. Garcia spoke regarding Lift Station No. 13, saying that developers and the city needed to come to an agreement on how the city could implement a new trust fund reimbursement system. He thanked Ms. Teniente for her report. He also asked Director of Neighborhood Services Yvonne Haag about the estimate the Building Standards Board had provided regarding the Spring Creek case. Ms. Haag replied that the $3,900 figure was the estimated cost for the average case that went before the Building Standards Board, noting that the Spring Creek case was atypical. She said staff would be keeping track of the estimated cost per case that went before the Building Standards Board because if a case went before the Council for an appeal, staff would like to implement the estimated cost for the process. Mr. Garcia spoke in support of fining individuals who were chronic offenders. Mayor Garrett asked Ms. Haag about the abandoned trailers on Scott Street. Ms. Haag replied that code enforcement had cases on some of the trailers, and was going through due process to notify the property owners. There being no further business to come before the Council, Mayor Garrett adjourned the Council meeting at 2:07 p.m. on June 6,2006. * * * * * * * * * * * * * MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting June 13, 2006 - 10:00 a.m. PRESENT Mayor Henry Garrett Mayor Pro Tern John Marez Council Members: Brent Chesney Melody Cooper Jerry Garcia Bill Kelly Rex Kinnison Jesse Noyola Mark Scott City Staff: City Manager George K. Noe City Attorney Mary Kay Fischer City Secretary Armando Chapa Mayor Garrett called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Deacon Michael Mantz of the Corpus Christi Cathedral and the Pledge of Allegiance to the United States flag was led by Council Member Cooper. ~ * * * * * * * * * * * * Mayor Garrett referred to Item 1 and the following board appointments were made: Civit Service Board/Commission Jose Moncada (Reappointed) Commission on Children & Youth Mary Jane Garza (Appointed) Food Service Advisory Committee D.W. Haven (Reappointed) Michael A. Garcia (Appointed) ~ ~ I * * * * * * * ~ * * Mayor Garrett called for consideration of the consent agenda (Items 2-10). Mr. Abel Alonzo and Mr. Andrew DuArte requested that Item 7 be pulled for individual consideration. A motion was made and passed to approve Items 2 through 10, constituting the consent agenda, except for Item 7, which was pulled for individual consideration. City Secretary Chapa polled the Council for their votes as follows: 2 MOTION NO. 2006-172 Motion approving a supply agreement with Mueller Company, of Decatur, Illinois, for fire hydrants in accordance with Bid Invitation No. BI-0142-06 based on low bid for an estimated annual expenditure of $70,216.24 of which $11,702.70 is budgeted in 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. Funds are available from Warehouse Inventory for FY 2005-2006 and requested for FY 2006-2007. 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 June 13, 2006 - Page 2 3 MOTION NO. 2006-173 Motion approving the purchase of one (1) Backhoe and one (1) Utility Tractor from the following companies for the following amounts in accordance with Bid Invitation No. BI-0139- 06, based on low bid and low bid meeting specifications for a total amount of $93,842.28. The vehicles are purchased for the Wastewater Department. All vehicles are replacement units. Funds are available in Capital Outlay Budget of the Maintenance Services Fund. Anderson Machinery Co. Corpus Christi, TX Backhoe $55.993.28 Nueces Power Equipment Corpus Christi. TX Utility Tractor $37,849 Grand Total: $93,842.28 The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper. Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye". 4 MOTION NO. 2006-174 Motion approving supply agreements for automotive repair parts in accordance with Bid Invitation No. BI-0090-06, with the following companies for the following amounts. Awards are based on low bid for an estimated annual expenditure of$118, 150 of which $19,691.66 is budgeted in FY 2005-2006. The term of the agreement shall be for twelve months with an option to extend for up to two additional twelve month periods, subject to the approval of the suppliers and the City Manager or his designee. Funds have been budgeted by Maintenance Services in FY 2005-2006 and requested for FY 2006-2007. Coastal Dist. Co, Inc. Corpus Christi, TX Group 1 $23.500 Carquest Auto Parts Corpus Christi, TX Groups 2 and 7 $18,900 Access Ford Corpus Christi, TX Groups 3, 4,9, 14-16, 18 $35,450 Arnold Oil Company, Inc. Corpus Christi. TX Groups 5. 6, 8,10-13,19 $36,500 O'Reilly Auto Parts Corpus Christi, TX Group 17 $3,800 Grand Total: $118,150 The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye". 5.a. RESOLUTION NO. 026824 Resolution authorizing the City Manager or his designee to accept a grant of $53,750 and to execute a contract and all related documents with the Texas State library and Archives Commission for the purchase of 43 public access computers for the Central library and branches. The foregoing resolution was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye", Minutes - Regular Council Meeting June 13. 2006 - Page 3 5,b. ORDINANCE NO. 026825 Ordinance appropriating $53,750 and interest up to $1 ,000 from the Texas State Library and Archives Commission into the NO.1 068 Library Grants Fund for the purchase of 43 public access computers for the Central Library and branches. 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 RESOLUTION NO, 026826 Resolution authorizing the City Manager or his designee to execute an agreement with the Texas Transportation Commission for construction, maintenance and operation of a continuous highway lighting system on S. H, 358 (South Padre Island Drive) between Staples Street and S. H. 286 (Crosstown Expressway). The foregoing resolution was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly. Kinnison, Marez, Noyola, and Scott, voting "Aye". 8 MOTION NO. 2006-175 Motion authorizing the City Manager or his designee to execute Change Order NO.6 with CCC Universal Constructors LLC, of San Antonio, Texas in the amount of $357,870 for the Seawall Reconstruction Project Contract D Coopers Alley to Holiday Inn (McGee Beach Reach ). 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. 2006-176 Motion authorizing the City Manager to execute a Deferment Agreement with C.C.T. Navigation-Cameron, LP, (Developer), in the amount of $347,983.14 for public improvements including installation of an off-site 15-inch sanitary sewer collection line on the north side of Bates Drive and an off-site 12-inch water grid main on the east side of Navigation Boulevard for Navigation Pointe, Block 1, Lot 1, located south of Bates Drive and west of Navigation Boulevard, in accordance with the Platting Ordinance Section V-Required Improvements, Subsection A.3(b), contingent upon receipt of letter of credit compliant with City requirements. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye". 10. ORDINANCE NO. 026828 Amending the Code of Ordinances, City of Corpus Christi, Chapter 55, regarding definition of local exchange access line and 9-1-1 service fees; providing for penalties. (First Reading 06/06/06) 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" Minutes - Regular Council Meeting June 13, 2006 - Page 4 Mayor Garrett opened discussion on Item 7 regarding the North Port Avenue from IH-37 to US 181 project. Mr. Abel Alonzo, 1701 Thames, thanked City Engineer Angel Escobar and stafffor coordinating this project, and said he hoped to see the city come closer to reaching ADA compliance for this project and citywide in the near future. Mr. Andrew DuArte, 1203 Van Loan, requested that the city install a traffic light at the corner of Port Avenue and Winnebago Streets because of heavy traffic after Corpus Christi Hooks games. City Secretary Chapa polled the Council for their votes as follows: 7 RESOLUTION NO. 026827 Resolution authorizing the City Manager or his designee to execute an Advanced Funding Agreement with the Texas Department of Transportation (TXDOT) in the amount of $153,000 for the North Port Avenue from IH 37 to US 181. (BOND ISSUE 2004) The foregoing resolution was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye". * k * * * * * * * * * * * Mayor Garrett referred to Item 18, a presentation on Packery Channel. City Manager Noe Introduced Col. Steven P. Haustein with the U.S. Army Corps of Engineers (COE) to provide an update on Packery Channel as well as a number of other projects affecting the area. Regarding the Packery Channel project, Col. Haustein reported that the U.S. Congress had provided $1.5 million in supplemental funding for hurricane damage from last season. Along with the city's cost share, he said this funding would provide the final increment for the project. Consequently, the project should be completed in the near future. Upon completion, the project would provide a 140 ft. wide by 12 ft. deep channel, and help restore the salinity levels in the Laguna Madre. He thanked the contractor, the city (particularly Mr. Tom Utter), and Sen. Kay Bailey Hutchison for their partnership the completing the project. He asked the city to recognize Sen. Hutchison and all the leaders in Congress for their efforts by inviting them to a ribbon cutting ceremony. Col Haustein discussed the Corps of Engineers Civil Works FY 2007 budget. Regarding the Corpus Christi Ship Channel project, he said the President's budget included $7 million in funding, and the House of Representatives matched the President's budget. He said the Senate will consider the funding, and any difference between the two numbers would be discussed in conference committee. He noted that the House had budgeted $500,000 in the 2007 budgetforthe Packery Channel project, even though it was expected to be completed by this year. Col Haustein said the Corpus Christi Ship Channel was the sixth largest port in the nation. He said the COE wanted to widen and deepen the ship channel from 45 feet to 52 feet by 530 feet wide to provide a safety measure for barges. He said this project was not authorized in the Water Resources Development Act yet, but staff expected the project to be authorized this year. Until the project was authorized, he said staff could not proceed with construction, so no funds were budgeted in 2007 Col Haustein reported on the Gulf Intercoastal Waterway, a 120 ft. X 12 ft. channel stretching 1,100 miles between Brownsville and Florida. He said the President requested $33.2 millon for maintenance of the waterway, and the House matched the number in their budget. Col Haustein discussed the status of the Water Resources Development Act, which was Minutes - Regular Council Meeting June 13. 2006 - Page 5 Congress's vehicle for authorizing federal civil works projects. He said the latest intelligence he received indicated that the bill had been hotlined, and would go to a full floor vote on or about July 4. He said he was cautiously optimistic that the bill would actually be considered. Col. Haustein said last week, he signed the Record of Decision for Exxon Mobile's Vista del Sol Liquid Natural Gas (LNG) plant, providing the permit needed to proceed with construction. He said LNG was the wave of the future for the nation's energy needs. He said the Vista del Sol LNG permit was the fifth permit tle had signed for the State of Texas. Finally, Col. Haustein discussed the LaQuinta Channel extension, noting that it was part of the Corpus Christi Ship Channel, although it was geographically separated. He said the Port of Corpus Christi had a customer wishing to build at the end of LaQuinta Channel in 2008. Since Congress had not passed a Water Resources Development Act bill, he said the Corps of Engineers could not construct the project by 2008. Subsequently, he said the Port opted to build the project themselves, using a Corps permit. He said the extension would provide a 39 foot channel depth, and extend the channel by 1.5 miles. Mr. Scott thanked the Corps of Engineers for their efforts to make the Packery Channel project a reality . * * * * * * * * * * * * Mayor Garrett referred to Item 11, and a motion was made, seconded, and passed to open the public hearing on the FY 2006-2007 Budget adopted by the Corpus Christi Crime Control and Prevention District Board of Directors. Acting Police Chief K.A. Bung stated that the FY 2006-2007 proposed budget was $4,756,050, representing a three percent increase in personnel costs, 10 percent in group Insurance, and eight percent in self-insurance. He said staff projected total revenues of $4,685,496, which would fund all the Crime Control District's core programs. The projected ending balance was $2,007,843, with a projected deficit of $70,555. Mr. Scott stated that the budget was based on 3.5 percent increase in sales tax revenue. He asked if the sales tax reven ues ended up being 5 percent, then what impact the additional revenues would have on the deficit. City Manager Noe replied that any additional revenues became a surplus In the fund He said at some point if the base tax became larger, then the Board and the Council could consider adding in programs that were deleted in the past. He stated that continuing the current programs was possible with the current revenue stream. Mr. Kinnison asked about a line item for group insurance in the Pawn Shop Detail budget that was added this year. He asked if this item was paid for out of the General Fund last year. Assistant Director of Management and Budget Eddie Houlihan stated that the city does not start charging for group insurance until a year later when the census was received. City Manager Noe added that when the city added new positions to the budget, there was a year lapse on group health. Mr. Kinnison asked how much the city budgeted for election costs. City Secretary Chapa reptied that the city was budgeting approximately $120,000. Mr. Kinnison asked if the city decided to hold the Crime Control District election in conjunction with the City Council elections, then how would the costs be divided. City Secretary Chapa replied that he hoped the costs would be split in half, but noted that the city would not know the exact costs until they negotiated a contract with the county. He said the contract would probably be negotiated in July or August. Mayor Garrett asked for public comment. Mr. Abel Alonzo, 1701 Thames, asked for a status Minutes - Regular Council Meeting June 13, 2006 - Page 6 report on the Juvenile Assessment Center. Commander Bryan Smith provided a brief status report, saying the recidivism rate for the program was between four and seven percent, well below any jail in the United States. Mr. Andrew DuArte, 1203 Van Loan, spoke in support of the Crime Control District, especially the Directed Patrol Officers and the Police Athletic League. Mr. Scott made a motion to close the public hearing, seconded by Mr. Garcia, and passed. ~ * * * * * * * * * ~ * * Mayor Garrett referred to Item 12, and a motion was made, seconded, and passed to open the public hearing the following item: 12.8. Public hearing for the proposed renaming of Winnebago Street between Carancahua Street and Upper Broadway to Uptown Avenue. City Engineer Angel Escobar explained that the 600 block of Winnebago Street was a 36- foot wide street connecting Carancahua Street and Upper Broadway. He said the Shutters Venture LLC, represented by Mr. Joe Adame, owned the property on both sides of the street. He said Knuckleheads restaurant was the other tenant sharing frontage on this portion of the street. Mr. Escobar said staff sent out a survey to the affected property owners and tenants, who were 100 percent in favor of the name change. In addition, he said Traffic Engineering requested comments from the Utilities Office Manager, Director of Development Services, Director of Engineering Services, Fire Chief, Police Chief, U.S. Postmaster, Landmark Commission, Nueces County Historical Commission, and the Nueces County Historical Society. He noted that the Landmark Commission and the Nueces County Historical Society were opposed to the proposed re- naming because Winnebago was named in honor of an American Indian tribe. In addition, they were concemed that when the Harbor Bridge was relocated on the north side of IH-37, the remaining portion of vVinnebago Street, extending from Port Avenue to the JFK frontage road, could disappear. Mr. Escobar stated that the implementation cost for the street name change, if approved, was approximately $125 to be paid by the applicant. In response to Mayor Garrett's question, Mr. Escobar replied that several blocks of Winnebago Street would still exist north of IH-37 if the street renaming request was approved. Mr. Marez asked questions about the street re-naming process. He understood that after a recent policy change, the city has made it a practice to limit the number of street name changes except for significant reasons. He mentioned the recognition of Whataburger in the Parkdale area as one of several examples. He asked Mr. Adame how important the street name change was to the success of his development. Mr. Joe Adame, 1818 Graham, replied that he felt it was confusing that 95 percent of Win neb ago Street was on the north side of IH-37; only 300 feet were on the south side. He said his plans were to convert a vacant office building into loft condominiums, and a street name change would help market the project. He said the name change would not make or break the project, but it could certainly benefit the project. Mr. Marez stated that while he supported residential development in the downtown area, he felt it was important to be consistent when considering a street name change. Mr. Kelly spoke in support of the street name change because he felt it would clarify any confusion because the 600 block of Winnebago was a mile south of the actual arterial north of IH- 37. He said the south portion in question did not seem to have any connectivity or relationship with what most people considered to be Winnebago Street. He also noted that 100 percent of the property owners were in favor of the name change. Thus, he felt the Council would be consistent if they chose to approve the street name change. Minutes - Regular Council Meeting June 13, 2006 - Page 7 Mayor Garrett called for public comment. The following individuals spoke against the proposed street name change because they wanted to preserve the street's historical value: Mr. Joel Mumphord, 2011 Palm Drive, representing the NAACP; Mr. Andrew DuArte, 1203 Van Loan; and Ms Vicki Herlihy representing the Gulf Coast Indian Confederation. Mr Chesney expressed concern that the city was setting a bad precedent by approving the proposed street name change. He did not think that changing the street name to benefit a particular development reflected the intent of the city's street name change policy, which emphasized that street renaming should only be approved for compelling reasons. He said the Council might consider changing the policy if they chose to approve this request. Mr Noyola asked if the Harbor Bridge relocation was going to eliminate the north side of Winnebago Street. Mr. Escobar replied that the new location of the Harbor Bridge would be elevated overWinnebago Street. He said the north side of the street would not be eliminated by the bridge relocation because it served as a connector to Port Avenue. Conversely, he said the Harbor Bridge relocation would not connect the north and south sides of Winnebago Street. Mr. Noyola expressed concern about changing the street name because of its historical value. He said he liked the proposed development but noted that Mr. Adame had stated that the street name change was not essential to the project success Mr. Noyola asked how many property owners were on the 600 block of Winnebago Street. Mr. Escobar replied that the 600 block of Winnebago Street had two property owners. Mr. Noyola felt that the two property owners should not be able to change history by renaming the street just because they had the financial means to buy all the property on the block. Mr. Marez stated that he considered the 600 block of Winnebago Street to be part of the downtown area, not the neighborhood He agreed with Mr. Kelly's argument that renaming the street would clarify the confusion createa oy the separation of the north and south sides of street. Since the south portion was only 300 feet long, he did not feel it would harm the neighborhood. He spoke in support of making the proposed development a success by approving the request. In response to Mr. Garcia's question, City Manager Noe said a city ordinance dictated the process and what qualified for a street name change. Mr. Garcia expressed concern that the city was setting a bad precedent by approving the street name change, and he also was concerned about preserving the histOrical value of the street name. Mr. Scott spoke in support of maintaining the existing street name change policy and procedures. He also said that being of Native American descent, he was not opposed to changing the street name as requested. Ms. Cooper spoke In support of approving the proposed street name change to prevent confusion. Mr. Kelly asked Acting Police Chief Bung and Acting Fire Chief Hooks if the division of Winnebago Street had negatively affected the response time for emergency personnel. Chief Bung and Chief Hooks replied negatively, saying it was not a major issue. Mr. O.K. Smith, 3409 Jersey, suggested that the property owner try to compromise with the community by incorporating the history of the street into his project. He suggested naming the development after an Indian tribe or painting a mural honoring the tribe. A discussion resumed on whether the Harbor Bridge relocation would in fact connect the north side of Winnebago Street to the 600 block (south side) of Winnebago Street. City Manager Minutes - Regular Council Meeting June 13, 2006 - Page 8 Noe replied that it was highly unlikely that the north and south side of Winnebago Street would be reconnected because Winnebago Street dead ended at Upper Broadway. He said it did not make sense to reconnect the street if it would not lead anywhere. A motion was made, seconded, and passed to close the public hearing. City Secretary Chapa polled the Council for their votes as follows: 12.b. FIRST READING ORDINANCE Changing the name of Winnebago Street to Uptown Avenue between Carancahua Street and Upper Broadway. The foregoing ordinance was passed and approved on its first reading with the following vote: Garrett, Cooper, Kelly, Kinnison, Marez, and Scott, voting "Aye"; Chesney, Garcia, and Noyola, voting "No" * * * * * * * * * * * * * Mayor Garrett opened discussion on Item 13 regarding the FY 2006-2007 Model Block Program. Assistant City Manager Margie Rose stated that last month, staff had informed the CouncU that J-Quad & Associates, LLC would be evaluating three candidate neighborhoods for the Model Block Program as follows: Neighborhood Initiative Program - NIP Pilot area (Crosstown Expressway/Gollihar Road/Greenwood Drive/Home Road); NIP Area #1 (Crosstown Expressway/Agnes Street! S. Staples Street! Morgan Avenue); and NIP Area #6 (Agnes StreetlBaldwin Blvd.! Highland Avenue/ Port Avenue). She introduced Director of Neighborhood Services Yvonne Haag, who briefly described each of the neighborhoods. Ms. Haag then introduced Mr. Doug Frederick with J-Quad and Associates, who presented the results of the needs assessment studies conducted in the three candidate neighborhoods. He said the results included a detailed profile for each of the three neighborhoods consisting of general demographics, census information, housing conditions, public facility and infrastructure conditions, a fair housing index, specific issues, and recommendations for neighborhood improvements and potential revitalization projects. Mr Frederick provided statistics on the NIP Pilot area. He said the area's population was 3,238, comprised of 967 households. He said the median household income was $26,877; the poverty rate was 15.7 percent. He said 75.5 percent of the homes in the area were owner-occupied; 5.4 percent of the homes were vacant. The median housing value was $38,600. He said that 42.8 percent of the households were considered cost-burdened, meaning that they spent more than 30 percent of their income on housing. He referred to several graphs depicting the age of the housing (mostly from the 1950s) and housing conditions (over 50 percent needing standard repairs). He also discussed the results of a Focus Group session held on March 29, 2006, saying the attendees were passionate about preserving their neighborhood. In conclusion, Mr. Frederick made the following neighborhood improvement recommendations for the NIP Pilot area: sidewalk repair; intill housing; housing rehabilitation; parks amenities; intensified city services; and youth activities. Mr. Frederick provided statistics on NIP Area No.1. He said the area's population was 2,659, comprised of 774 households. The median household income was $16,701, with a poverty rate of 35.7 percent. He said 31.6 percent of the homes were owner-occupied; 12.9 percent of the homes were vacant. The median housing value was $28,750. He said that 67.4 percent of the households were considered cost burdened. He referred to several graphs illustrating the age of the housing (over 20 percent from the 1930s through 1950s) and the housing conditions (over 40 percent needed minor repair). He also discussed the results of the Focus Group session held on Minutes - Regular Council Meeting June 13, 2006 - Page 9 March 27, 2006. Finally, Mr. Frederick made the following neighborhood improvement recommendations for NIP Area NO.1: infill housing; housing rehabilitation; neighborhood clean-up programs; intensified city services; and buffers from non-residential uses. Mayor Garrett announced that he planned to call for a brief recess to present proclamations. He said the Council would hear public comments atter the recess, and then resume the Model Block Program discussion ~ * ~ * * * * * * * * * * Mayor Garrett called for a brief recess to present proclamations. * * . * * * * * * * * * Mayor Garrett called for petitions from the audience. Ms. Norma Urban, 410 Peoples Street, presented a resolution on behalf of the Downtown Management District Board of Directors, which supporting the continuation of city's RFP process for the coliseum redevelopment. Rev. Henry Williams, speaking on behalf of the Hillcrest Residents Association, requested that the city install a traffic light at the corner of Port Avenue and Winnebago Street. He also distributed information to the Council on behalf of an association member. ~ * * * * * * * * * * * * Mayor Garrett announced the executive session, which was listed on the agenda as follows: 20. Executive session under Texas Government Code Section 551.071, regarding contemplated iitigation by Donald Beadman, 'v'liith possible discussion and action related thereto in open session. The Council went into executive session. The Council returned from executive session and the following motion was passed with the following vote: 20. MOTION NO. 2006-177 Motion authorizing the City Managerto settle Claim of Donald Beadman, relating to a vehicle accident of February 28, 2006, for the sum of $130,000.00, subject to certification offunds. 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 re-opened the discussion on Item 13 regarding the Model Block Program. Mr. Frederick with J-Quad and Associates provided statistics on NIP Area NO.6. He said the area's population was 3,786, comprised of 1,155 households. The median household income was $17,165; the poverty rate was 39.2 percent. He said 50.6 percent of the homes were owner- occupied; 11 percent of the homes were vacant. The median housing value was 437,400. He said 33.9 percent of the households were considered cost-burdened. Mr. Frederick referred to several graphs depicting the age of the housing (primarily built in the 1970s) and the housing conditions (45 percent needed minor repairs). He discussed the results of the Focus Group session held on March 28, 2006. Finally, Mr. Frederick made the following recommendations for neighborhood Improvements: infill housing; land assembly; housing rehabilitation; neighborhood clean-up Minutes - Regular Council Meeting June 13, 2006 - Page 10 programs; intensified city services (especially animal control); and neighborhood retail. Mr. Frederick discussed the criteria used to base their recommendation for the Model Block Program. He referred to a table comparing each of the neighborhoods based on the demographics and housing condition data. Based on the criteria used, he said the team determined that the NIP Area No. 1 neighborhood scored the weakest of the three areas because it had the most need for assistance. He noted, however, that several criteria supported the selection of the NIP NO.1 as the candidate for the Model Block Program as follows: ample infill housing opportunities (100 vacant lots); a number of recent investments (Police Athletic League and by Mr. AI Gonzalez); presence of outside benefactor, Mr. AI Gonzalez; Salvation Army site; and business interests on Agnes Street.. Mr. Frederick discussed the project opportunity for NIP Area No.1, referring to several illustrations The project opportunities were as follows: buffer developments and landscape screening to strengthen residential areas; mixed use development on Staples Street; infill housing opportunities; and monumental entrance located at the service road and Hancock Street. Mr. Frederick discussed funding options for the project opportunity. He suggested that the Infill housing development, for example, could be provided through a partnership with a local non- proftt organization that identifies and buys infilllots, builds housing units, and sells those units to qualified buyers. He mentioned other options as follows: Community Development Block Grants; HOME Investment Partnership; Section 108 Loan guarantees; Federal Home Loan Bank - affordable housing grant; and Low-Income Housing Tax credits (scattered site lease/purchase). In response to Mr. Kelly's question, Assistant City Manager Rose replied that infill housing and small lot programs would still be available outside of the targeted neighborhoods through the Neighborhood Services department Mr. ~~oyola spoke in support of finding as In8ny funding opportunities as possible to make this program a reality. He spoke about the importance of helping people achieve the American dream of homeownership. In response to Mr. Noyola's question, Ms. Rose replied thata Model Block Program project manager would be hired to implement the project opportunities, including identifying lots appropriate for the small lot and infill housing programs. Mr. Noyola asked if it was possible to expedite the foreclosure process on Infill properties, saying the two-year waiting period was excessive. City Manager Noe replied that the two-year waiting period was required by statute; however, staff could attempt to lobby the State legislature to provide for a shorter period. Mr. Noyola and Mr. Kelly also stated that the city should try to purchase any suitable lots now before the owners found out about the program and raised their sale prices. Mr. Noyola asked when the Model Block Program would begin. Ms. Rose replied that ifthe Council approved today's item, the program could begin in July with a public unveiling and call for community partners. She said the infill housing aspect of the program would begin as soon as possible In response to Mr. Noyola's question, Ms. Rose said staff's goal was to engage as many members of the development community and builders in the infill and small lot programs and other affordable housing initiatives. Mr. Noyola asked about the cost of a home that was designated as "affordable housing" in the Model Block Program area. Ms. Rose replied the goal was to provide a price range between $50,000 and $70,000. She said the homes would not have garages but could have carports. Minutes - Regular Council Meeting June 13, 2006 - Page 11 Mr. Kelly asked what would happen to the neighborhoods that were not chosen today, or any other NIP neighborhoods. Ms. Haag replied that staff was currently conducting a post-assessment survey of NIP Area NO.6 because it showed such a chronic need for services. She said all three neighborhoods participated in the NIP Pride Program, a sustainability program. Mr. Kelly asked how many Model Block neighborhoods the city anticipated having in one year. Ms. Haag replied that staff hoped to focus on the proposed neighborhood as a pilot project for two to three years before attempting another project. Mr. Kelly asked what plans the city had to develop other areas, like the North side of the city. Ms. Rose replied that any interested parties could contact Neighborhood Services to apply for services citywide. Mr. Kelly said one of the complaints about applying for services was that the city did not have one place designated to offer affordable housing assistance. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 13. RESOLUTION NO. 026829 Resolution supporting the recommendation provided by City Staff and consultant, J-Quad and Associates, for the first designated neighborhood to participate in the FY 2006-2007 Model Block Program. The foregoing resolution was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye". Mayor Garrett opened discussion on Item 14 regarding the Texas Military Value Revolving Loan Fund Special Assistant to the City Manager Tom Utter reported that the State legislature has authorized a Texas Military Value Revolving Loan Fund under the auspices of the Texas Military Preparedness Commission. The program will provide low interest loans to communities that have been adversely or positively impacted by BRAC 2005, or to a community that will carry out a project that will enhance the military value of a military facility. Mr Utter said the city had two projects that were eligible under the loan fund guidelines as follows: reconstruction of Port Avenue from IH-37 to US 181; and the partial relocation of Flour Bluff Drive with land acquisition to allow the runway expansion at Waldron Field. He referred to a number ot slides illustrating each project. Mr. Utter stated that the city had submitted a Letter of Interest to the Texas Military Preparedness Commission. Staff was asking the Council to authorize the city to submit an application. He explained that the local share of the two projects was $10,507,390. The city would be requesting TXDOT assistance in the amount of $10,878,300. He said the city planned to repay the loan from the General Fund as well as utility systems funds. He said staff and the city's bond counsel estimate that the interest rate on the loan funds would be up to 30 basis points below possible city financing because of the State's bond rating. In response to Mayor Garrett's question, Mr. Utter replied that a single residence existed just outside the project area on Flour Bluff Drive. He said staff had not spoken with the property owner yet about land acquisition issues. Regarding the Port Avenue project, Mayor Garrett stated that the right-ot-way acquisition necessary to widen the road could be extensive, but he felt staff could handle the issue similarto the Minutes - Regular Council Meeting June 13, 2006 - Page 12 McArdle Road project. He said the project was badly needed. Mr. Kinnison asked what type of interest rate was being offered for the loan program versus what the city could obtain itself. Mr. Utter replied that the loan underwriters estimated that the loan would have a 4.6 percent interest rate. He said the State would hold a bond election, and the bond sale was anticipated in November. He said the Council had previously approved a joint funding agreement with TxDOT for the design. Mr. Noe said the TxDOT funding would drive the timing of the project more than the loan funds. City Engineer Escobar stated that they were committed to approve an engineering contract by September. He said the process would take approximately 12 months because federal funding required a feasibility study and environmental study. Mr. Scott noted that the land acquisition process would probably take approximately 12 months, coupled with two years to construct the projects. In response to Mr. Kinnison's question, Mr. Utter stated that former Mayor Loyd Neal was the local member of the Texas Military Preparedness Commission. There were no comments from the public. City Secretary Chapa polled the Council for their votes as follows: 14.a. RESOLUL TION NO. 026830 Resolution authorizing the City Manager or his designee to submit a loan application to the Texas Military Preparedness Commission for their Texas Military Value Revolving Loan Fund in the amount of $1 0,507,390 for the reconstruction of Port Avenue from IH 37 to US 181 and the partial relocation of Flour Bluff Drive and land acquisition to allow expansion of runway facilities at Waldron Field. The foregoing resolution was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Noyola, and Scott, voting "Aye"; Marez was absent. 14.b. RESOLUTION NO. 026831 Resolution approving the Reimbursement Statement expressing the City's official intention to reimburse the costs of projects funded through the Texas Military Value Revolving Loan Fund. The foregoing resolution was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Noyola, and Scott, voting "Aye"; Marez was absent Mayor Garrett opened discussion on Item 15, a city code amendment regarding collection for unauthorized utility usage. Director of Financial Services Cindy O'Brien stated that the current city code provided that if utility service has been disconnected on a certain property and then the service IS turned on illegally, the record owner of the property was responsible for the usage during this period of illegal use. She said that many times the unauthorized user was a renter, not the property owner. Ms. O'Brien said the amendment would allow the property owner to provide the Utilities Business Office with documentation to confirm the identification ofthe unauthorized user, such as a signed lease and driver's license number. Upon receipt of the proper documentation, she said the city would transfer the appropriate balance to the unauthorized user. Mr. Scott stated that he felt the property owner should also be responsible if a tenant skipped out on a bill, rather than the ratepayers. Ms. O'Brien stated that certain rental properties have a history of residents who do not pay their utility bills. She said the city required tenants from those properties to make a deposit to address the issue. In addition, she said some property owners put Minutes - Regular Council Meeting June 13. 2006 - Page 13 the utility account in their names, paid the bill, and then collected from the tenants. Ms. Cooper added that the landlord was prohibited from making inquiries regarding a tenant's utility bill by state law. There were no comments from the public. City Secretary Chapa polled the Council for their votes as follows: 15. FIRST READING ORDINANCE Amending the Code of Ordinances, City of Corpus Christi, Chapter 55 regarding collection for unauthorized utility usage. The foregoing ordinance was passed and approved on its first reading with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Noyola, and Scott, voting "Aye"; Marez was absent. * ~. * * * * * * * * * * * Mayor Garrett recessed the Council meeting to hold a Corpus Christi Community Improvement Corporation (CCCIC) meeting. * * * * * * * * * * * * * The Council returned from recess. Mayor Garrett referred to Item 17, an overview of the proposed FY 2006-2007 Budget for Enterprise Funds, comprised of the Water, Gas, Wastewater, Airport, Golf, and Marina funds. Assistant City Manager Oscar Martinez explained that these funds were financed or operated similar to private business, and were dependent primarily on user fees. Regarding the Water fund, Mr. Martinez referred to a graph comparing the FY OS, FY06 and FY 07 FTEs for the Water department. In FY 2007, he said three FTEs from Wastewater and one FTE from Storm Water were being moved to the Water Utilities Support Services Group. In addition. he said one FTE was being moved to the Customer Call Center, and one FTE was being moved to the Office of Management and Budget to support the Balanced Scorecard project. He noted that the salaries budgeted were $11,714,993, while the required funding amount was $12 million, leaving an unfunded salaries amount of $319,900 (or nine FTEs). Regarding Water fund revenues, Mr. Martinez noted that the budget used a five percent Increase in consumption over an eight year average for revenue projections. In addition, he said raw water rates were calculated at $0.888 tor ratepayers and $0.908 for contract customers, down from FY 2006 rates of $0.903 for ratepayers and $0.953 for contract customers. He noted, however, that a 5.75 percent increase in the cost-ot-service rate was programmed into revenue projections, equating to revenue of $1.1 million from residential customers and $1.5 million from commercial customers The rate increase would support the CIP tor utility projects. With regard to Water fund expenditures, Mr. Martinez pointed out that the only increase was the increase in debt related to the aggressive capital improvement program. He also noted that a Water Utilities Services Group was created to streamline functions currently performed by three departments. Mr. Martinez referred to a chart comparing customer growth rates for the utility funds in 1999 and 2006. He noted that the Water fund grew by 7.6 percent, the Wastewater fund grew by 6.6 percent, but the Gas fund decreased by 6.5 percent. Minutes - Regular Council Meeting June 13.2006 - Page 14 Mr. Martinez compared the Gas fund revenues to expenditures (excluding the cost of natural gas) between FY 2003 to FY 2005, noting that each year showed a negative balance. He covered a number of challenges faced by the Gas fund as follows: declining customer base; sale of natural gas for heating in warm weather conditions; direct competition with electric retailers; new development/construction in not promoting the use of natural gas in homes or building; limited marketing program; and non-diversification of product sales. Mr. Martinez discussed a number of recommendations for the Gas fund as follows: implement a short-term rate structure that is not affected by variances in weather; consider diversification of product sales; strengthen marketing comparison; consider long-term revision to rate structure; and respond to Council's request to consider future options for the Gas fund. Mr. Kinnison asked Mr. Martinez to provide a comparison of residential and commercial rate to other markets in Texas, and whether the provider was private or public. Mr. Martinez answered affirmatively, and noted that Corpus Christi and San Antonio appeared to be the only public gas providers in the State Mr. Martinez discussed the proposed cost of service rate adjustment for the Gas fund. First, he proposed imposing a new base charge per meter of $1 per residential customer and $8.13 per general customer. He said the rates for residential customer will be reduced at the higher levels of consumption to promote more gas use. He said the base charge for Outside City Limit customers will be $1.25 for residential and $10.16 for commercial. He said, for example, that a residential customer using 3MCF of gas would see an increase of 5.3 percent in their gas bill. Commercial users would also see a 3.5 percent increase in their gas bill for 50MCF gas. Regarding Gas fund revenues, Mr. Martinez said 91 percent of the revenue increase was attributable to the cost of natural gas. Regarding Gas expenditures, he said the increase in debt was due to the Automated Meter Reading (AMR) project. With regard to the Wastewater fund, Mr. Martinez said revenues included a 5.75 percent rate increase, equating to increased revenue of $1.5 million from residential customers and $745,000 from commercial customers. He said expenditures included a reserve appropriation of $1 million for unanticipated infrastructure needs. With regard to the Airport fund, Mr. Martinez said revenues included a 5 percent increase in enplanements over the same period last year. He said oil and gas revenues decreased approximately $600,000 from FY 2006 because leases have ended, but he said a new RFP for directional drilling will go out this fiscal year to increase oil and gas revenues. Regarding expenditures, he said Continental and American Eagle Airlines added a combined total of four additional daily flights. and three positions were being held vacant to offset any revenue decreases. Regarding the Golffund, Mr. Martinez said the fund was expected to end the fiscal year with a positive balance of $15,000. He noted that associated revenues for FY 2006-07 were reduced due to the temporary course closure at Gabe Lozano for scheduled CIP improvements. On the positive side, however, he said the trends show the number of rounds being played increased by seven percent in FY 2005-06. Regarding golf fund expenditures, he said staff had realigned operations to realize efficiencies and reduce staffing costs. He noted that the Gabe Lozano Sr. course was scheduled for temporary closure during the months of August and October for improvements. He said Golf 2004 CIP Bond projects were scheduled for completion in FY2006-07. Regarding the Marina fund, Mr. Martinez stated the fund was in stable condition despite the ongoing renovations. He said revenues were estimated to increase in FY 2007 due to live aboard vessels and occupants and new slips rentals. In response to Mayor Garrett's question, Director of Parks and Recreation Sally Gavlik reported that all the marina improvements (new Peoples Street T- Minutes - Regular Council Meeting June 13. 2006 - Page 15 Head docks) would be completed by December. In response to Mr. Garcia's question, Marina Superintendent Peter Davidson reported that the live aboard income could bring in a minimum of $300,000 in revenues. He also mentioned the Texas International Boat Show scheduled in April 2007 In conclusion, Mr. Martinez covered the remaining budget calendar as follows: June 27 - special revenue/internal service/debt service funds presentation; July 11 - public hearing; July 18- first reading; and July 25 - second reading and adoption. Mayor Garrett thanked Mr. Martinez and staff for their commitment to the budget process. * ~ k * * * * * * . * * * City Manager Noe announced that Item 19, a presentation by Dr. Ridge Hammonds on Summer Connections programs, had been postponed until June 27,2006. * ~ * * * * * * * * * * * Mayor Garrett called for the City Manager's report. City Manager Noe reported that a Neighborhood Pride meeting for the NIP area bordered by Whitaker, Rickey et al would be held at 6:00 p.m. tonight, Oso Recreation Center, 1111 Bernice. Mr. Noe announced that the Health department was coordinating a Back to School immunization clinic at the Robstown Health Clinic from 8 a.m. to 6 p.m. on Wednesday, June 28 at the Calderon Auditorium. Mr. Noe reported that at next week's meeting, the Council would be considering a special I evenue/internal service/debt service rund presenlalion; adoption of the FY 2006-07 Crime Control Budget; zoning cases (one controversial); and a potential joint beach maintenance venture with Nueces County for Padre Island Mayor Garrett noted that the last City Manager's transmittal report included 32 Council Request items dating back to July 2004 He asked City Manager Noe to see if some items could be addressed Mayor Garrett mentioned that a fallen tree had blocked Lucille Street on Sunday. He said several residents called to compliment the Solid Waste department's quick response. He asked Mr. Noe to recognize the workers involved Mayor Garrett asked for the status on a complaint regarding water service for Gateway. Assistant City Manager Massey said staff was working on it and had met with Gateway. Mayor Garrett called for Cou ncil concerns and reports. Mr. Noyola asked if staff had spoken with Clarkwood and Las Colonias residents about the flooding in that area. City Manager Noe stated a town hall meeting was held yesterday, and the city was also scheduling debris pick-up free of charge. Mr. Noyola asked about the status of the State School Park. Director of Parks and Recreation Sally Gavlik reported that the city had a master plan for the property, and submitted a grant to Texas Parks and Wildlife but it was not funded. She said staff was resubmitting the grant in June or July, incorporating Texas Parks and Wildlife department's suggestions. Ifthe grant was not funded, she said the city had funds in the bond program to begin installing infrastructure. She also reported that the Rotary Club had plans to develop a Miracle Field, a baseball field for persons with Minutes - Regular Council Meeting June 13, 2006 - Page 16 disabilities. Mr. Noyola asked staff to mow the high weeds and grass on the property. He also asked staff to consider building football fields in the park. City Manager Noe replied the Council approved a master plan calling predominately for soccer fields, but they could be used for football. Mr. Noyola asked why the city charged for ambulance services when citizens paid taxes for city services. City Manager Noe replied that revenues generated from sales taxes and property taxes did not cover fifty percent of the operating budget; thus, the city had to charge user fees for certain services. He said charging a fee also encouraged users to make wise choices when calling for service. Finally, Mr. Noyola asked if the city was spraying for mosquitoes. Mr. Noe replied affirmatively. Mr. Garcia said at the Northwest Senior Center town hall meeting, a citizen asked him to look at a city project completed near Westview Drive. He said the property had been backhoed and the soil had been exposed to a hydraulic leak. He thought the contractor had not acted responsibly. City Engineer Escobar reported that the contractor had treated the hydraulic leak, but Mr. Garcia said the resident had tested the site and said the soil had been contaminated. Mr. Escobar replied that he had the citizen's contact information, and he said he would inspect the property personally. Ms. Cooper reported on her trip to China representing the city on a National League of Cities trade mission. She encouraged anyone interested in promoting trade to China to contact her for more information. She hoped that next year, local business people would attend as well. Ms. Cooper also thanked Mr. Noe for arranging a meeting with Mr. Martinez and Director of Economic Development Irma Caballero regarding the coliseum redevelopment negotiations. She asked staff not to move too quickly on the project during the budget season. City Manager Noe replied staff would be presenting a new schedule on U-Ie coliseum project for the Council's mformation There being no further business to come before the Council, Mayor Garrett adjourned the Council meeting at 2:55 p.m. on June 13, 2006. ~ x * * * * * * * * * * * 2 a. C'RfUS CHRISTI DIGITAL COMMUNITY DEVELOPMENT CORPORATION - Five (5) vacancies with terms to 5-31-08 and 5-31-10. DUTIES: To aid, assIst and act on behalf of the City in the performance of its governmental functions to promote the development of the Citywide Integrated Wi-Fi Network in order to empower the public with the highest level of electronic communications technology, create an enhanced economic environment with excellent job and business opportunities, contribute to the development and diversification of the economy of Texas and the City and the elimination of unemployment and underemployment therein, and generate many other related benefits. COMPOSITION: Five (5) members appointed by the City Council. Each Director must be a resident and qualified elector of the City. The initial Directors were appointed by the City Council through its approval of the Articles of Incorporation with a term through May 31, 2006. Each subsequent Board of Directors terms will commence on June 1, 2006, three shall serve terms expiring May 31, 2010, and two shall serve terms expiring May 31, 2008, and thereafter their successors shall serve terms of four (4) years commencing June 1. Any Director may be removed from office at any time, with or without cause, by the City Council in its sole discretion. A Chairperson and Vice Chairperson shall be elected annually by the Board at its first meeting after appointment of Directors by the City Council. MEMBERS *Bud Harris, Chair **Rosie Bonilla *Henry Garrett *Louis Garza *Roland Mower TERM 5- 31-06 5-31-06 5-31-06 5-31-06 5-31-06 ORIGINAL APPTD. DATE 1- 31-06 1-31-06 1-31-06 1- 3 1-06 1- 31-06 *Seeking reappointment **Not seeking reappomtment ATTENDANCE RECORD OF MEMBER SEEKING REAPPOINTMENT NAME Bud Harris Henry Garrett Louis Garza Roland Mower NO. OF MTGS. THIS TERM 1 1 1 1 NO. PRESENT 1 1 1 1 % OF ATTENDANCE LAST TERM YEAR 100% 100% 100% 100% 01lIIR INDIVIDUALS EXPRESSING INTEREST John D. Fernandez Assistant Professor of Computer Science, Texas A & M University - Corpus Christi. Received RA. in Mathematics, M.S. in Engineering and Ph.D. in Computer Science. Activities include: Texas A & M University - Corpus Christi Outreach Council, former CEO Operational Technologies Corporation, and retired Air Force Lt. Colonel. (5-22-06) Rene Richard Gutierrez PREP Coordinator, Nueces County Juvenile Probation Department. Received A.A. from Del Mar College, B.S . and M.A. from Texas A & M University - Corpus Christi. Activities include: Citizens University, Texas Violence Gang Task Force, Soccer Coach and Leadership Corpus Christi. (6-19-06) John D. Howell President, Rightway Online, Inc. Received B.S. from Oklahoma Wesleyan University. Activities include: Downtown Redevelopment Committee and Wi-Fi Marketing Committee. (5-13-06) Chad MagIll Chief Information Officer, Identity Theft Solutions, LLC. Associate Member of Certified Fraud Examiners at Houston Community College. Activities include: Chamber of Commerce, Hispanic Chamber of Commerce, Westside Business Association, Leadership Corpus Christi, South Texas Crime Prevention Association, Downtown Redevelopment Committee and SEA. (5-17-06) Mike Morgan President/CEO, National InterPrint Corporation. Activities include: Associated Builders and Contractors, Sayfest and Corpus Christi Country Club Membership Committee. (4-04-06) Scott Polton Manager, AT&T. Attended the University of Texas at Austin, Activities include: Executive Committee and State board member of Coastal Conservation Association, Quail Unlimited, Ducks Unlimited, SEA and Citizen's University. (6-19-06) Richard Pulido IT Regional Superintendent, U.S. Navy. Received B. S. in Business Management from Park University. Activities include: Chamber of Commerce, Leadership Corpus Christi, Deacon of Gardendale Baptist Church, and member of the American Society for Public Administration. Has received Letters of Appreciation from Red Cross and Relay to Life, (5-16-06) Tim Stephens Owner, Johnstone Supply. Received B.S. in Agricultural Engineering and M.S. In Civil/Environmental Engineering. Activities include: former president of Westside Business Association, Coastal Area V olleyba11 Club, First United Methodist Church and licensed Professional Civil Engineer. (4-16-06) Sylvia Whitmore Executive Vice President, Frost National Banle Received B.A. from Texas A & M University - Corpus Christi and attended Graduate School of Banking at the University of Colorado. Activities include: President of the Del Mar Foundation, Executive Committee of the Texas State Aquarium, and Board of Trustees of the Texas Institute for the Arts. Received the c.c. Sales and Marketing Executive Sales Award. (6-11-06) b. PORT OF CORPUS CHRISTI AUTHORITY -- One (1) vacancy with term to 1-02-10. DUTIES: Those set in Article XVI, Section 59 of the Texas Constitution. COMPOSITION: Seven (7) members appointed as follows: three (3) City Council, four (3) Nueces County Commissioners Court and one (1) San Patricio County for staggered terms. MEMBERS *Ruben Bonilla, Jr. (City), Chairman Bernard A. Paulson (City), Vice-Chairman Yolanda G. Olivarez (County) Robert J. Gonzalez, Sr. (County) Kenneth Berry (County) Mike Carrell (City) Judy Hawley (San Patricio) TERM 1-02-07 1-02-09 1-02-09 1-02-09 1-02-08 1-02-08 1-02-07 ORIGINAL APPTD. DATE 8-12-97 10-08-96 12-18-96 1-11-00 11-23-04 8-28-01 *Seeking reappointment ATTENDANCE RECORD OF MEMBER SEEKING REAPPOINTMENT N4ME Ruben Bonilla (City) NO. OF MTGS. THIS TERM 14 NO. PRESENT 14 % OF ATTENDANCE LAST TERM YEAR 100% OTHER INDIVIDUALS EXPRESSING INTEREST Richard Bailey, Sf. Distribution/Logistics Team Leader, E.I. Dupont. Received B.A. and currently pursuing M.B.A. from Texas A & M University - Corpus Christi. Has received numerous awards for safety and cost related issues and is certified as a 6 Sigma Green Belt (Statistical Analysis). Active as a member of S1. John Baptist and affiliated with OLPH Catholic Church. (2-21-05) Mody Boatright Self-employed. Received Master's in Automotive Engineering. Activities include: MechanicaV Plumbing Advisory Board, Leadership Corpus Christi, Corpus Christi Executive Association. (3- 03-06) Gerald W Brown, Sf. Vice President/Senior Analyst, RSI & Associates, Inc. Received degree's in Economics and Finance from Northern Virginia. Activities include: Second Baptist Church Drama Director, History Committee and Benevolence Committee, Board member of Wounded Christian Ministries and volunteer for Nueces County Chapter of the Republican National Committee. (2-25-05) 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 (7-21-04) Arturo Casillas Officer, Nuway International, Inc. Received some college hours and special training for National Council for Economic Business Opportunities. President of Associated General Contractors. (11- 22-04) Gilbert Fuentes Realtor, Christi Properties. Received Masters from Texas A & M University - Corpus Christi. Member of Fighting to Rid Against Gangs. (11-18-04) Mary Jane Garza Assistant Superintendent, West Oso Independent School District. Received B.S., M.S. and Ed.D. Activities include: Bishop's Guild, Literacy Council, Hispanic Women of the Coastal bend and PDK. (3-27-06) Guadalupe J. Gomez Self-employed, Business Consultant. Received B.A. in Business Finance. Member of the Westside Business Association. (3-10-05) C oretta Graham Assistant District Attorney, Nueces County. Received J.D. from Texas Southern University. Activities include: Coastal Bend Volunteer Center, Community Youth Development, Corpus Christi Bar Association, and NAACP. Received the 2004 Consortium of Doctors Induction. (11-07-04) Paul Grivich Extensive background in finance, accounting and management. B.S. in Political Science, Sam Houston State University. Activities include: former member of the Board of Adjustment and current member of the Nueces County Tax Appraisal District. (J 2-07-04) Angelica E. Hernandez Attorney, Paul G. Kratzig & Associates. Received RA. from Saint Mary College and J.D. from Washburn University School of Law. Activities include: State Bar of Texas, C.C. Bar Association, American Bar Association, Coastal Bend Women's Lawyers Association, Defense Research Institute, League of Women Voters, C.c. Barrios Association, Hispanic Chamber of Commerce and Westside Business Association. (3-21-06) Eduardo Hinojosa Retired Administrator, State of Texas. Received a Master's degree. Member of the Planning Decision Making Committee for Kostoryz Elementary School. Received the "Rancher of the Year" Award. (3-04-05) 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. (2-25-05) Matt Martin Vice President/Market Manager, Clear Channel Broadcasting. Received a Marketing degree from Texas Tech University. Activities include: Board member for Texas Association of Broadcasters, Hispanic Chamber of Commerce, Regional Economic Development Corporation and Chamber of Commerce. (J 1-02-04) Randall L. Meredith Attorney, Meredith Law Office. Received RA. and M.RA. from Texas State University and J.D. from St. Mary's University School of Law. Dedicated to family and community. (3-21-05) Jermifer M Nesmith Marketing Assistant, mc Bank. Graduate of Del Mar College and Texas A & M University - Corpus Christi. Activities include: Junior League of Corpus Christi, C.C Literacy Council, Mentor, Brown Bag Challenge, Phi Theta Kappa Alumni, and Programming for Republican Future. (6-09-06) Nelida S. Ortiz Received B.A. from Texas A & M University - Corpus Christi. Activities include: Columbus Fleet Association, Westside Business Association - Board member and recording secretary, C.C. Chamber of Commerce, Hispanic Chamber, and Salvation Army. (4-04-06) Guillermo "Willie" Perez Retired Assistant Principal, CCISD. Received B.S. in Engli sh/Hi story, and M.S. in Mid-Management Administration. Activities include: LULAC, GI Forum, Retired Teachers, Leadership Corpus Christi and Disabled Veteran. (07-12-05) Scott Polton Manager, AT&T. Attended the University of Texas at Austin. Activities include: Executive Committee and State board member of Coastal Conservation Association, Quail Unlimited, Ducks Unlimited, SEA and Citizen's University. (6-19-06) James D. Robbins Retired, United States Army & Civil Service Air Traffic. Received a degree in Business Management and Certificate of Ministry. Activities include: Mayor's Committee on Veteran Affairs and formerly on Food Service Advisory Committee. Received the Eagle Scout Award and several military awards. (2-19-05) Curtis A. Rock Business Development Manager, Rock Engineering and Testing Laboratory, Inc. Received B.A. in Management Information Systems. Activities include: Associated Builders and Contractors, Leadership Corpus Christi, W orId Affairs Council of South Texas, Chamber of Commerce and Hispanic Chamber of Commerce. (4-04-06) Latrice M. Sellers Department Head/FSMIV, Texas Department of Criminal Justice. Received A. A. in Communications from Del Mar College. Activities include: Steering Committee for Flour Bluff I.S.D. Educational Foundation, cable access show "Community Outreach", and State Democratic Executive Committee for Women. (2-23-05) Sharlene L Sexton Director of Human Resources, Corpus Christi Regional Transportation Authority. Received B.S in Business and M.A. in Human Resource Development and Business Management. Activities include: Society of Human Resource, C.C. Human Resource Management Association, and Leadership Corpus Christi. (12-06-05) John B. Smith Lead Pastor, First Family Church. Received B.S. from Liberty University and pursuing M.A. Activities include: Leadership Corpus Christi, World Affairs Council of South Texas, and Rotary Club. (4-14-05) Alfonso Trujano Jr. Senior Designer/Project Manager, Maverick Engineering, Inc. Received B.S. in Civil Engineering and Graduate courses on Civil Engineering. Secretary of the American Society of Civil Engineers and TSPE member. Received the Excellence on Leadership Award and nominated for 2004 Torch Award for Marketplace Ethics. (4-19- 05) Sam Watson Agent, State Farm Insurance. Received a B.A. in Psychology. Member of the National Association of Insurance and Financial Advisors. (2-21-05) 3 ,\GENDA MEMORANDUM RECOMMENDATION: Motion approving a service agreement with OneSource Facility Services, Inc., Corpus Christl, Texas fix custodial service for the Frost Building in accordance with Bid Invitation No. BI- 0130-06 based on best value for an estimated annual expenditure of $75,540.00 of which $12,590.00 is budgeted for FY 05/06. The term of the contract will be for twelve months with an option to extend for up to 1 \VU additional twelve-month periods subject to the approval of the supplier and the City Manager or his desIgnee Funds have been budgeted by Building Maintenance in FY 05-06 and requested for FY06-07. ************************************************************************************ P Jrpose The custodial service will be perfonned at the Frost Building located at 2602 I eopard Street. This service will provIde two full-time day custodians that \\ ill work Ivlonday through Friday from 8:00 a.m. to 4:30 p.m. Nightly custodial services will also be required after normal business hours from 5:00 r m. through 11:00 p.m. Pre\ lOUS C(lntract: The option 11) extend the current contract was not exercised due to supplier's l1lability to maintain the contract requiring new bids to be received. B Hi lnvitati ()ns Issued: Twentv-two BIds Recei\ eel Three A ward BaSIS 8est Yalue I he evaluation team, compnseel of team members from Building Maintenance and Purchasing, developed a matrix of the evaluation criteria. The evaluation team revIewed each bid proposal response and completed the evaluation matrix. As a result of the evaluation, the team has selected OneSource Facility Services. Inc. as the best valued supplier for this service. ;\ bid received from Omega Janitorial Services, LTD, Corpus Christi, Texas has been deemed as non-responsive for taking excerption to the mandatory Insurance requIrements. Funding: Building Maintenance :'\ ,0000-40305-511 0 $12.590.00 (. i--- -. _All' ( ( I f' // Mich~~(~ ~-~/ -- Procurement and General Services Manager CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: MARIA GARZA DATE: 6/27/06 SUMMARY EVALUATION MATRIX BID INVITATION NO. BI-0130-06 CUSTODIAL SERVICE FOR FROST BUILDING City Wide Janitorial OneSource San Antonio. Texas Corpus Christi. TX Maximum Points Points Evaluation Criteria POints Awarded Awarded Resources 25 points 125 23.75 ---"--'- f--_.. Past Peformance 5 points 2.375 45 -..--.- f-- -_.._-- References 10 points 1.63 9 _. Bidders Profile & 10 points 5 9.5 Qualifications _. Pricing 30 points 30 17.72 -..-----.- f---. ----...-- Maximum Point 80 Points Score 51.875 64.47 Annual Cost $44,625.00 $75,540.00 NOTE: A bid received from Omega Janitorial Services, LTD, Corpus Christi, Texas, has been deemed as non-responsive for taking exception to the mandatory insurance requirements. 4 COUNCIL MEMORANDUM RECOMMENDATION: Motion approving the purchase of twenty-six (26) light bars and sirens from Fleet Safety Equipment, Houston, Texas in accordance with Bid Invitation No. BI-0157-06 based on low total bid for an amount of $57.720. The equipment is to be used by the Police Department on marked police patrol sedans. Funds are available in the Police Law Enforcement Trust Fund and the Police Department Justice Assistance Grant. ...*************************************************************************** BACKGROUND: Purpose: The light bars and sirens will be installed on marked police patrol sedans. Bid mvitations Issued: Five Bids Received: Two Award Basis: Low Total Bid Funding: Law Enforcement Trust Fund 520090-1061-00000-821000 $47,720.00 Police Department Justice Assistance Grant 520090-1061-00000-820805 $10,000.00 Grand Total: $57,720.00 (i . :i ~ : I { i .. _.'_ , --/ I ~ Mic ael arrera, . . - ---- Procurement & General Services Manager r I \i ! i CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: GABRIEL MALDONADO DATE: 511012006 ITEM DESCRIPTION 1. Whelen light bar systems in accordancl with Specification No 1099 2. Whelen siren systems in accordance with Specification No 1100 Grand Total BID TABULATION Light Bars & Sirens 81-0157 -06 Fleet Safety Equipment Houston, Texas UNIT EXTENDED QTY UNIT PRICE PRICE GT Distributors, Inc. Austin, Texas UNIT EXTENDED PRICE PRICE 26 ea $1,545.00 $40,170.00 $1,544.90 $40,167.40 26 ea 675.00 17,550.00 $57.720.00 739.90 19,237.40 $59,404.80 5 AGENDA MEMORANDUM RECOMMENDATION: Motion approving a supply agreement with B&G Chemicals & Equipment Co., Inc., Houston Texas for mosquito insecticide for a total estimated semi annual expenditure of$49,893.80 of which $16,631.26 is for FY 05-06, The term of the supply agreement will be for six months with an option to extend for up to five additIonal six month periods subject to the approval of the supplier and the City Manager or his designee, The insectiCide will be used by the Vector Control Division of the Health Department Funds have been budgeted by Storm Water in FY 05-06 and requested for FY 06-07. ************************************************************************************* BACKGROllND: Purpose: The insecticide Scourge was used during the first outbreak of West Nile virus. These chemicals proved to be very effective in controlling the mosquito population throughout the City and a supply agreement will provide the Health Department with a readily available source of the insecticide. Award BasiS: This contract IS exempt from the competitive bidding statutes as a procurement necessary to preserve or protect the public health or safety of the municipality's residents. Funding: Storm Water 520010-32010-4010 $16,631.26 J ---./ \ ---- Michael era, Procurement and General Services Manager VECTOR CONTROL CHEMICALS BID INVITATION NO. BI-0168-06 BUYER: MARIA GARZA DATE: MAY 22.2006 ITEM CHEMICAL Scourge Insecticide - 55 Gallon Drum 2 BV A 13 Diluent - 55 Gallon Drum TOTAL CITY OF CORPUS CHRISTI PURCHASING DIVISION BID TABULATION B&G CHEMICALS & EQUIPMENT CO., INC. HOUSTON, TEXAS QTY. UNIT UNIT PRICE TOTAL PRICE 2 DRUM $20,604.10 28 DRUM 310.20 $41,208.20 $8,685.60 $49,893.80 6 (Of 'CII MFMOR'\!\I)I M RE( Oi\IMENDATIO:\: \lo1111l1 applU\ing a supply agreement with Oil Patch Petroleum, Inc., C\,rp is ('hn-.:t I. ! ('X<I" I..f Rl.'!il)lllUial('d (;aslllinc ,lI1d J .0\\ FI111ssiol1 Dicsel fuel in accordance wIth B.d InvItatIon Ni\. BI-()lo~-(l(, hased on I(HV hId tip an estimated expenditure of <j; ~ II; ,,' '\hl('f, \: )i! hi, q, hudgeted 1n IYO'- fIb lilt' 1l'nn (lJ'thc "upply agreement IS io " :n I11h... "!lh ill "P1](l; t" '\l,'nd tilJ lip Ii 111,' !,ddillpl1al six 11l\ll1th pcriod" subjcL,t 1(1 Ull ii P ,;, i I (! IL' >,Upi lie! .dlli i lit \ \lall,lt'-cl "1 hi> lk"it,:.iiCC. FLlllds havc hecn budgeted by [\;hIl:1C'[1:111lT "en ICl' III ! ) li"-III. ,111(1 wIll he requesll'(! tor I)' ()()-Ui .*** * ****.*~***** *** **~***~~****.***************************************** Purp'I", Tllb ulntracl cm crs the CULl r~uirements for City vehicles and ....q.llplll,~ill Fill' Rd()rmuiat<....d Ga.;oline and Low Emission Diesel are dellvered in bulk to the (ity facilities. BJdJ l\l\atiotl Issued l' BIds RC((lved -+ Basis I)l L\~/af(1 Low fhJ The otl market detemlines n.lel prices. Bidders were asked to quote prices based on mark-up or mark-down from the Corpus Christi rack price. The mark-up/mark-down remains constant while the market price changes daily. With this method, tht Cil):an determine the fuel co"t at any point in time, With all i)ILidcF. jsing tIll" samc hase index. the mark-up/mark-dowIl delemlines the lowest responsible bidder. Fund lI1g Maintenance SerVIces "]1)21 () (,.1 10-40140 $220.366.95 , \ ! ' -..-'J,. ,-,J', Michael Banera Procurement & General Services Manager r I :) I -' I ,- ell "" 1: '!: "" ~I -J 0:: 1IJ i J ?; if) (( ~z I- ~~ ::> lJJ -' -' o ((I- 1-0:: wo Il.LL -. -, Q; u....> Sl~ '"" 01'"" M '<t' lOC1l ~ .~ " en ," ON U ~~l "" o 0J N ON ,:~3 ;;; N ,~ ~Ll cn ~, UJ " Z iJJ c.l OJ c ~. , OJ ?: Qj 0 ~ "- to 0 -'" Q if; Vl C , ~ (C) rn (C) > .= > as <{ <{ '" :r 'of: :r: ~ 2 a:; u U ::J U -~ <{ <: U1 LL ~ I- "' ~ 0.:: 0 <{ 0 0 D- U a:; D- U U -i ~ Vl U -i ~ 'ID Q) cY " 6 u (5 U 6 U Q) a E rn )( W '" .J;' ::s ~, a. ~ 5 oJ, u '" OJ .= .t::. ~B 'c Q) ::l > ,;,1il ell e ~ c e-~ ::l"tl Q.~ ~ l'\l '" ~{~ iV?ii'i i;~'ti .EEtn Q) l'\l ~=~ &~Q. f~& ~8:l'! .- l'\l Q) .~ ~~ co"'Cti :; Ql l'\l J:l .5 a: Sf!!" .VI S ~ .t:QlJ: I-'CU UJ l- e z u> u> 00 00 NN ii'iitl .... .... 'LOin ClO~ :rll:j N . ~~ Ql c: :g III l'\l Cl 'C ,*Qi :;~ E_ l5 Gl 'QjJ ((0 Bid I , ;j(l('ii '\ H \1 13 iii f~ \' k, " i" i', j I ': J', J I, ,,' '_ II \ 01< CORPLS CHRISTl P' R( 'HASING DIVISION PRICE Sl1!\'1\1ARY 1 I ) I, <. it I 1) Il ~...., I' 1 j llllt' (), 2U()() Due 1 i ,datlk l,jl p1'1c(.. bKkk" \\LIe asked to quote a mark-up or mark-down relative to the Corpu~hrJ~l! RaIl Prl e. 1 he lidl()\\ mg indicate:-- the relationships to the Corpus Christi Rack pnce The n!t,lChed hid 'lhulati,)') j, udcuJated llll ('orplls Christi rack price as llf5!J5/06 lklli Oil Patch PrtrQleurn -"nOI\! i iSO,040( I ,,~II . Uil Patel, P9t1'011:ur, $U,()115( , S (', OW( ~_ l , "\ fhomas Pet mku 1T1 S'l (!.) +$1).00 rhomas Pet mJqu n SI).02 'SO Oh Petroleum Trad_GIi"Jnc. ,SO )'),70 No Bid Petroleum Trader~ Inc, -$0,0849 "\1(, Bid Valero Marketing +-$0,0350 No Bid Valero M(irketing !-$0.1229 N(, Bid 7 ( () l ,,( I L ,\ II<, M 0 R<\ "IH \ I RECOMMENDATION \1 'tWI] Jppn1\ In!:! ,1 supph agreement wilh IDEXX Distribution Inc.. Westbrook, \'l:n,' ror th : hO;,Il(l;\ l's1m; rl\lt:~'ll ,,( ()]ikrt" 11; :ll',',lrclancc with !~ld Imitation No, BI 0160-06 hascd 011 0:11\ hid t()rll1 L'stlllldlt:d ~t!illU~ e\pL'TIliitulc IlrS3"7,~ I~. \d'\\hich. Sh..-I \),50 is It)r FY 05/0(1. The term urthe suppl\ agreclll~'llt ~hall !oL' IdINel,,' illullI h" ,\ ith all (lptlUll to L'xtcnd 1(11 up 10 two additional twelve-month [1""" !" 'lIh', II 1\( \'11'1)\ ill" "'wl'I"T 'lflli h" i \bll;I~'('r ill' his desi~nee. Fund, h;t\c heen bud\;,'lCd h\ 'h. Ht'~tlt'l,' d ',V '.T !ll'p:l,-tnh'i]r' 'n I' I)';;!)! :111\! 'equ\'skd 1(11 FY 06!()7. *:i;,-r;>, ;iK **~.**:l::~*********;~**** ;~~:* h 1,1 ,'- :oui1d p" II II l 'l. 1 j ill ! I ili!II, \\ ,Ilel i "I)ilrlllIL'ill' \() test waler tin bacteria. qu;; I',', it,! i\ 1r"1 111,'nlal I'!()(cction Agency (EPA) and l!1l'f C\<l"; ( (\11l1111SsiOIl (11' El1\ironmental Quality (TCEQ). '..;1 J L.' itlimtlllsteJed ;-n 't' \\ dtCJ [)cpdnment k-..t:-. !he \'ilkl I(ll tl1l' City oCCorpus Christi. 1 'C Health Department J" a n:glonal tcstlllg lab and tests the water for various cities lli the surmundlIlg area. I he Health Department charges these cities tor the service {Ii d the kc~ an ','Imouhl'd 1, 1 the Citv of ('orpus Christi. B It! Iii vitatiolls issued ( jije 81(1..; Received ( "le Award Basis (}'lly hid Ii Icn 1~ tlk , .,1 ~ ;'jl, 1.."" .1.....'" :cagelll ap[1ro\ ,.~d bv TCEQ tor this type of testing. 1 iall ,d~tl.,t ure:,) l' Co] ilen and sole distributor () f this E\, ".". ! hI! d', '11 pi )duct Fundmg: !l@I:t.J1lent V lte; I i J It Account :"~110~{}4() 10 1, 17W "iHlj(l I Oh().OOOO!i-R1,()R"i: Amount $2,233.33 ~,,986.I] ! ('t:l! S6219.50 1\ '. V.4~__~. ~ Michael Barrera, (PM, Procurement and General Services Managet CITY OF CORPUS CHRISTI PURCHASING DIVISION BID TABULATION tHU INVI f II, !!\j I\jU jj U bU ,6 ILEf~~! f:R Mr '\le1v.26 .2<" I{ IDEXX DISTRIBUTION, INC WESTBROOK. MAINE UNIT TOTAL OTY UNIT PRICE PRICE EM DL::SC RIPTIOI'J <"'-~""-_.'- -.--.-- COULEe CT ;:-)1'-' !tiP200~L 200 'I JBES'CS rOTAL '5 CASE $500.00 $7,500.00 49 CASE 500.00 24,500.00 65 CASE 70.00 4,550.00 2 BOX 6.00 12.00 3 CAS E 85.00 255.00 4 CASE 125.00 500.00 $37,317.00 COUi.Ee:iT PIN. WP200~ 8. 200 BOTTL ES/CS Colilert Dollies PINW/12USBST ;'00 oottles/case Colilert -omparatw WP 1 )4 1 ibox QUANT fRAY 1 Of' QUANT rRA Y 20CI() 8 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 06/27/06_~__ AGENDA ITEM A MotlJn authoiziflg the City Manager or his designee to accept a grant in the amount of $99,326 from the Governors Division of Emergency Management (GDEM), for fu: IOlng eligible from tf-Ie Department of Homeland SecurIty, B Ordinance appropnating $99,326 from the in the Governor's Division of Emergency Management In No 1061 Police Grant Fund to purchase law enforcement equipment for the Police Department ISSUE: The Office of me Governor, through the Division of Emergency Management provides funding opportunities in furtherance of Department of Homeland Security 'nitiatives to enhance tile security of our region This effort includes the procuring of equipment, technology and other material directly related to law enforcement functions, REQUIRED COUNCIL ACTION: Accepting the grant and appropriating the funds FUNDING: There is nc match reQuired of the grant CONCLUSION AND RECOMMENDATION: Staff recommends accepting the grant and appropnating the funds ~ K A Bung Acting Chief of Police Attachments, BACKGROUND INFORMATION The Department of Homeland Security (DHS) Protective Security Division, initiated a program to improve 'lople!and S8cunty by establishing the F~uffer Zone Protection Program (8ZPP) initially, ttle program was tacllitated by the Texas Extension University, and then admHl1strallof ot trle proqram was transferred to HIe Governors DivisIon of Emergency Managemelt "he Pi dgran requtf eS i !cal JUllsdlGtlons 10 U8v81uIJ security plans and identify equiprner It needs Initially the program was not designed as a grant program, but as equipment procurement program where equipment needs for the protection of critical infrastructure would be "loaned" to local law enforcement agencies for one year, at which point DHS would transfer ownership to the agency" This changed when program administration shifted to the Governor s Division of Emergency Management Now, the program is administered as a grant that does not require matching funds. The program requIres Hlat plans and requested equipment be submitted to the State and the Department of Homeland Security for approval. City staff has completed this process and the subsequent award has been granted in the amount of $99,326. The Police Department will purchase law enforcement equipment to further the security -leeds of critrcal Infrastrlcture ORDINANCE APPROPRIATING $99,326 FROM THE GOVERNOR'S DIVISION OF EMERGENCY MANAGEMENT IN THE NO. 1061 POLICE GRANTS FUND TO PURCHASE LAW ENFORCEMENT EQUIPMENT FOR THE POLICE DEPARTMENT: AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS SECTION 1" That $99,326 from the Governor's Division of Emergency Management is appropriated In the No 1061 Police Grants Fund to purchase law enforcement eqUipment SECTION 2, That upon written request of the Mayor or five Council Members, the City Council (1) finds and declares an emergency due to the need for immediate action for the efficient and effective administration of City affairs; and, (2) suspends that Charter rule which requires an ordinance to be considered and voted upon at two regular meetings, so that this ordinance is passed and takes effect as an emergency measure upon Its first reading on this the 2yth of June, 2006. ATTEST: THE CITY OF CORPUS CHRISTI Henry Garrett Mayor Armando Chapa i'":it\ Secretary Approved as to form V Gj I/' { t.. .::. 2006 -,- --'~L."=j. . __ _.__.._. Joseph H~mey Assistant City Attorney For City Attorney TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the attached ordinance, an emergency exists requiring suspension of that Charter rule which requires an ordinance to be considered and voted upon at two regular meetings. Therefore, IIwe request that you suspend said Charter rule and finally pass this ordinance on the date of its Introduction, 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 Jerry Garcia John E Marez Bi II Kelly Rex A. Kinnison Melody Cooper Jesse Noyola Mark Scott 9 \(a ~I)A MFMORANOllVl Date: .June 27, 2006 SI B I, 111,' j \ t' ) l ~ l ! '.1 ,"IJ l : '1 I ihrcln \(.E'\J) \ III \1 a !'<:SO!llliUii dilllw IZlnl,2 1111.' t iI\ \lana!:!t'r m 11IS designee hi execute a Gift Agreement !!b 'h, I'T!',j" t'( 1'lpL" ( P, ! Pllhli, I il'ldrics \\hich pro\idcs $55.000 to the City ! I imp'\)' ,'nIc'nt to till' l'arkd,lk Branch L]hrar), b f ildincmu ,lPl1rol'riat!l1g \:25 . ~~.'7U int\) tl1...'] ihrary elf! Fund No. 3210 for Improvcments to the Parkdalc lhanch Lihran from the following sources: $187,458.57 , 1t11lb,~ \\111 c1l1 I. "L'\ IInd ! q,lte: $';" ()()rl lrom the Frlcnds of Corpus Christi Public i hrclrlc:-.. and S 1~.8li4 j ~ lrlllldnappropllated interest earnings from the Library CIP I nd '.; l " l~ .' [l;lI'kd; k IVlI) il1lpi\l\ ,'Ill('l1b: amel1Jing FY 2005-2006 Capital "Llt'-~': .ic:\liJlL,J \ Urdllldlll,', . 0261 XX III Increase appropriations by $257,352.70; and ',.:lannl' ,Ill L'l11e l!.el1l'. ISSLI' : In 20(1+ the lihran \\dS lwtilicd 11, \\..1 ~. Fargo Private Client Services that it was named as a benefIciary ill the I.ast \\ ill and I estament of William T Neyland. Mr. Neyland died in 1985. Upon llll death (I) \1r.... i'cyland lhe I Jbrary and three (lther beneficiaries were to receive equal distributlllllS li-(Im lhL' Al!ta Neyland I rust which was established under the Last Will and restamel11 01 Wilham T\leyland f\1r~ Neyland passed away in October, 2004. The library along ,vllI, tlk' <dill::' l IrL" bencllc!im:: lpted1;)!;1 cl~h distrihutlO11, All beneficiaries also opted D'et; :<:1 11:;1' it.,J 1111\.' : Ill' ~Li'('11 (1(111 ,~TL'S in ( [diad County. ih.: ( ;LniLd [1r,_'\ ],iLl" \ IlpruprJdlCd IJ-' ill $(1l)O.UUO IroIn the Jrust for improvements to the Parkdale Branch Library A total of ~pg7.458,57 has been received from the Trust. The 'ldditiol1(i! amount of S 1 R'A5X"7 alon~ ;\ith Ile\\ cuntrihutions totaling $55,000 from the Friend \,1 C(Jrrus ('Inst Pubhc LIllICliJCS and unappropriated interest earnings of$14,894.13 on previolls '\eyland LsLite listrihut:on' lcquire appropriation The following donors provided the $55,OO() lu the hiends for Parkdale: hi Rachal Foundation ($50.1)00); Paul and Mary Haas FoundatJlln ( 5(Hi)_ I-'SI Ite nlTrlll i\lcxander ($2.5001 [he tolal available 1'01 Jmprovements tll Parkdalc JS currently $857.352.70. The Friends will raise addlllonal funds as Jarkdale is C+' '-cars old and has many needs. Funds will be used to aesthetically Impwve Pmkdale with new carpeting and ceiling, exterior and interior painting, enlarged public space and other It'atures. and will also address other needs such as modernizing mechanic uLH \ i\( light i ng and Dlumbmg systclns. ,\[)/\ compl1ance, roofing, structural nnprO\ellli.'11ls ThIS lflvl-:tmcllt will1ni1igatc future lll1pact to the (reneral Fund. .....UHJL< I, (Ill ',e iLe ilLiJi ,; I I ,Ii i i, plldll'" ,I ,{.lIlt ILlllllS '<'I j Ibrar\ Pact' T ,\ PRIOt{ (Of Nell \( J IO:\'- ResoluliOIl \0. 02hO;;;(1 I" I . L \.. "- L IiI-tld'I{'{ !i'll "I,I{ltihll(I\1I1i'rollllhcWilliaml, .c'\ :Ji Ordinan 1 ~ l ; '- ! 1\0 02(,12H ill i { I \ -~ 'I' r, \ 11)'j '1 lI' ii' \(\,()()(i Ji\llll \\illidl1l r. " lili'III\Lli ,IllS 1\) lhL' Parkdak Hrallch ...: \ alj "d. 1 '- j Ii 1 Lil j , n~ii " ' I Ibrar Resolu/i, '\i 021l12() I ibraf\ ti the "V, illJ,ltn aei! i t\ Resolution No. 026752 ( "prli.2:' .2U1}()l cll11ending Resolulion l\w, 026056 to authorize City \1anat!,1 cksi~I]L',' l' de [ermine: hu lu rdaill ii; sell IhL' libldry's bendicialmineral mteresl ac. hequeathcd 10 I dxan h\ thL' last \\'ill and Testament 01' William T. Neyland. II ,Ill; lell i I~ \11'lhL' I\lrkdak Br:mch i\n I:llld P'Ihiie 1 ihrlln' lil'i)!l ('11l11plelion of improvements to the RECOMMENDED COf NCIL \CnON: \laHrl:UllllnknLb appru\d oj\lli :\gll'cment and appropriation uffunus. it // / " 1/0-- aC ).-~--_.."., I~ t- Herb Canales Director of Libraries Page 1 of 2 RESOLUTION AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE A GIFT AGREEMENT WITH THE FRIENDS OF CORPUS CHRISTI PUBLIC LIBRARIES WHICH PROVIDES THE CITY WITH $55,000 FOR IMPROVEMENTS TO THE PARKDALE BRANCH LIBRARY. BE IT RESOLVED BY rHE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXA~ THflT SECTION 1 T hp CAv f'1anagRc 01 rinsignee IS authorized tc execute a gift agreement with the i fiends or Corpus Christi Public Lib, anes which provides the City with $55,000 for improvements to thE Parkdale Branch Library ATTEST CITY OF CORPUS CHRISTI Armando Chapa City Secretary ------ -_._~--~--~-~ . -"---.-..-- Henry Garrett Mayor ROVED AS TO FORM: 16 June 2006 r' V\tt (1- !1L~ ~~ Veronica Ocanas Assistant City Attorney For Citv Attornev H-\, Fe DIR\\!f"on!caO\4 LlAFAR\' 19\OA \/0 O~770F Giftlqrmt F,-'pndc PFC Page 2 of 2 omu<;; ( hri5ti T~"xa(' day uf 2006 r he above resolution was passed by the following vote Henry.. ;(:1 e11 8rent rh"snpl/ Melodv Cooper Jerry Garcia VVilliam Kelly Rex A Kinnison John E Marez Jesse Noyola Mark Scott H'\l D!R\\...."'-,....'!C80\4 LIB'-,'i\F '\9\0(: \(') ?Or-;";ift..- :crmt,FricIF'( ORDINANCE APPROPRIATING $257,352.70 INTO THE LIBRARY CIP FUND NO. 3210 FOR IMPROVEMENTS TO THE PARKDALE BRANCH LIBRARY FROM THE FOLLOWING SOURCES: $187,458.57 FROM THE WILLIAM T. NEYLAND ESTATE; $55,000 FROM THE FRIENDS OF CORPUS CHRISTI PUBLIC LIBRARIES; AND $14,894.13 FROM UNAPPROPRIA TED INTEREST EARNINGS FROM THE LIBRARY CIP FUND NO. 3210 FOR PARKDALE LIBRARY IMPROVEMENTS; AMENDING FY 2005-2006 CAPITAL BUDGET ADOPTED BY ORDINANCE NO. 026188 TO INCREASE APPROPRIATIONS BY $257,35270; AND DECLARING AN EMERGENCY BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS SECTION 1 That $25 .352 7(J IS appropriated Into the Library CIP Fund No. 3210 for improvements to Parkdale Branch Library from the following sources: $187,458.57 received from the William T Neyland Estate $55,000 received from the Friends of Corpus hristi Public Libraries $14 894.13 received from the unappropriated interest earnings from the Library CIP Fund No. 3210 SECTION 2. That the FY 2005-2006 Capital Budget adopted by Ordinance No. 026188 is amended to increase appropriations by $257,35270 SECTION 3. That UpOI wlltter request of the Mayol 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 firs! read!n~:l a~ ar emerg(~nCV rneasure on this the 2th day of June, 2006. ATTESl THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Henry Garrett Mayor AP ROVED AS :(0 FORM: _ mal- l!CAilJ. Veronica Ocanas Assistant City Attorney for City Attorney 16 June 2006: J6VO.0626 Parkdale. ')RDppC'fd.0C 2 .orpuc C nfl~TI TpvCl'" jay of ,2006 10 I HI:::: MEMBERS OF THE CITY COUNCIL )rpu:- Chris t: Te\a~-; , or thf- reason~; set fortI. in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and ,tOting i Ipon ordinances ::It 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 nleeting of the City Council Respectfully Respectfully Henry Garrett Mayor Council Members The above ordinance was passed by the following vote: Hen ry Ga rrett Brent Chesney John E Marez Melody Cooper Jerry Garcia Bill Kellv Rex A. Kinnison Jesse Noyola Mark Scott (;IFT AGREEMENT BETWEEN ! III IT" OF CORPl'S CHIHSTI \NIl Tin I RILl')):-, (II, ( ORPl:s ( IHHS II PI 'BI 1(' LIBRARIES 1 \ H h Ii \ LI B 1<,\ '\ ( II LI B R \ R \ ;1' 'l" )11 "gn't!l1l1l1 l,t,L 1 ",,:: u\',,-il ii", " It, urcurpus Chnstl '(it) I, a l1(lt1il'! uIe lllul1!l'il'a ~l'rporatlon "rgallill'd under the laws orthe State of hi 1 r", n. 1(L.: " ,':: Did'l Ie' Ft'iends"! ;111 lInincnl]wralL'd IS,' ','lalll'lI idll,h', ,deh ,''\Ish' ) l)l'llctil the ( 1(\ '" public libraries, md Ii] lllnside! ellil',! ,\ llll '. '. l'Ilanls, undlTtakings, and consideration stated in this \~'I\~el1ll'I1L' pm'Ie,s 1i1 nil'. ,~Iee as t11Ilu\\s I'h,' ('It\ ,h..l:er.S a gl n '(,ift ! from the I nellds ill an amount not to exceed $55,000, which \\ ill be s. !leh and C\l' ll,;jveh I()! the C\:pallsioll ;md renovation of the Parkchk HrlJ1l' J Ihr.I' \111l1tercSl tha aCl'lllCS un th,.' (fin \\111 he used sulelv 1()r the expansion and renovation (If tbe Parkdale I~r;mch Libran \11\ pOrl/OI 01 ,he tlitl not disbursed by the Cit;. \\ithllJ two years from the date of !hi'\i2.r~'\'IlL'lll ,\illh\~ ,illlhhCd tc' tlk' hlCI1,b rhlS . \gn'emcl canlhlt he d~",igned, 11l0djjiccL or amended unless both parties Il1Ulually consent to the aSSIgnment, modification, or amendment. Additionally, any assignmcnt. mojificatiol1, (Ir amendment must he made in \vriting and executed by 'eprcs,:ntdti \ es .f cae h liar! \ h, 'I.:..",CI lei wll I;,' l/ll"lrll-,'tecl 111 'll'('('rd;ll1c(, wllh the laws of the State oCTcxas, ; 1'1' \' l.' \ " "I "\,, 'h c;hal] h' '''l1':idl'r(':\:w "'iginaL ('11 thic; the j,! l' .:'006, \Tl I S'I . CITY OF CORPlrs CHRISTI '\ "lund" ( h~1!11 ell\ Secret an (ieorgc K "ioc ( 'tty Manager c\'r\' (', j :,:-- '. I rIli , I ....{ , (.. 7 1--- ') i I r Ie, ~~J;\~\t\{A CCi~ ~ Veronica Ocai1as A <Shl anI ( i1\ \ [Hm,:\ for the (,it, '\'l1orne\ FRIENDS OF CORPlJS CHRISTI PUBLIC LIBRARIES --~ ------ -- Be;'; ___.71' ~~.. '~,iden1 l~. A/h! dtdL<:;~~~k 4C1ic:hael i\. ] 10\\ ell. TreaSUll.'l , 6h/za6 Date ! / / to 13/Zl/!J0 I)~ ' /-- 10 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: June 27, 2006 AGENDA ITEM 1\/1ntl'n'l! 'th'Jrizlng the Cit" Manager, or his designee, to enter into an agreement with the C)astal Bend Bay and Estuary Program to perform a L1DAR and Bathvmetric Sur\lev in the Nuece5 Delta. the work to be used as in-kind services for the City's involvement If! the US Army Corps Nueces River Basin Feasibility Study and authorizing payment OC $120 733 on ISSUE As part of City's commitment to the U.S. Army Corps of Engineers for the Nueces River Basin Feasibility Study the City and other non-Federal co-sponsors participate in the Nueces River Basin Feasibility Cost Share Agreement that is studying alternatives available to fllaXlmlze j 11e availability of water resources to water rights holders within the basin while protecting and enhanCing the environment. The City's Agreed Order with the Texas CommiSSion on Environmental Quality (TCEQ) further commits the City to construct a water diversion pipeline from above the Calallen Salt Water Barrier Dam directly 10 the Rincon Bayou for, among other things, the restoration and enhancement of freshwater and brackistl wetlands in the Nueces River Delta. In order to further evaluate potential Nueces Delta projects and/or potential mitigation projects. a study has been identified to construct a digital elevation model for the Nueces River Delta. The digital elevation model will involve the use of airborne L1DAR (light detection and ranging) and shallow-water echo sounding to provide terrain elevation data of approximately 5000 acres of wetlands, ponds, and adjacent uplands in the model will be used to (1) better understand how vegetation assemblages are correlated with elevation, (2) map habitats in conjunction with aerial photography, and (3) design freshwater diversion pr.;jects The CBBEP has acquired more than 5,000 acres of wetlands and associated wildlife habitat in the Nueces River Delta for protection and restoration, and CBBEP has received and shared with the City a proposal submitted by the University of Texas - Bureau of Economic Geology (UTBEG) that contains two separate but related tasks, the development of a Digital Elevation Model utilizing L1DAR technology for Eighty-Three Thousand Nine Hundred and Eighty-Five Dollars ($83,985.00) and a bathymetric survey of areas not covered by L1DAR for Fifty-Nine Thousand Seven Hundred and Thirty-Three Dollars ($59.733 00) FUNDING C8BEP received a proposal submitted by the University of Texas - Bureau of Economic Geology UTBEG that contains two separate but related tasks, the development of a Digital Elevation Model utilizing L1DAR technology for Eighty-Three Thousand Nine Hundred and Eighty-Five Dollars ($83,985 00) and a bathymetric survey of areas not covered DIj L IDAF~ for Fifty-Nine Thousand Seven Hundred and Thirty-Three Dollars 1$59,7 00 rhe propusal cost will be shared With the CBBP with funds budgeted for the Corp Feasib it; St Jdy Em R II rl Bayuu Pipeline Funds REQUIRED COUNC IL t\CTION r'k,tion authOrizing the City Manager, or his designee, to enter into an agreement with the Coastal Bend Bay and Estuary Program to perform a Lidar Survey In the Nupces Delta the work to be used as in-kind services for the City's Involvement In the (::orps Nueces basin Feasibility Study and authorizing payment of 5120,733 00 CONCLUSION AND RECOMMENDATION: Staff recommends approval of the attached motion " .~ \~~--,<~~."AN(_~~ Ronald F, Massey (J Assistant City Manager - Attachments BACKGROUND INFORMATION Under Section 205 tr'e US Army r:orps of Engineers (COE) is authorized to perform preliminary 2xan1!naticrls and 3urvi::;ys for flood ;:::ontroi The COE also contributes to the Federal obJectives)f ~jatlonal Eccnomlc Development (NED) which provides direct net oenetlts that accrle In ne planning alea and the rest of the nation Ecosystem Restoration (Sectior 2061 IS co-equal Federal objective for the Corps of Engineers. in aCU)i dance with; na autllOllty, thij COE completed a reconnaissance level study of the Nueces River Basin in August, 2002 The study concluded that more detailed feasibility studies should be perf,rmed nil ten orojects The projects identified by the COE reconnaissance study were: Flooding downstream of Lake Corpus Christi and throughout the Nueces Basin Recharge enhancement Cotulla diversion projeGts 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 oft-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. AGREEMENT 1I11 ~ \ (; R I Etvtrl\ i t h~ '\\.'.rCCII1<,.:]11") is made and entered this day of 2UUIJ ~[hc l~tlective Date ), by and between CITY OF CORPUS CHHISTI ("'CITY" and COASTAL BEN]) Hi\. YS &: ESTl ARII~S PROGRAM, INc. ('\~B13EP", d lU!l-pillfit 1,\lT,uLltill!i urg,Ulllcd ,\lid ,'xi:,ting ill1der the laws urthe State or 1 ,.'(:" (indi\i,hl~dlv 'Part\" lnd 'L'cther ('"Parties") ~ .. -.------ WITNESSETH: WHEREAS, as part of CrTY's commitment to the l .S. Army Corps of Engineers f(>1' the Nueces River Basin F,?asibilily Stud). CITY desires tc' have developed a Digital Elevation Model of tl1e N ueCt~S Ri vel' Delta, and. WHEREAS. CITY's Agreed Order with the Texas Commission on Environmental Quality (rCEQ) commits CITY to construct a water diversion pipeline from above the salt water barrier directly to Rincon Bayou for, among other things, the restoration and enhancement or tresl!water and brackish wetlands in the Nucces River Delta, and; WHEREAS. CBBFP has acquired more than 5,343 acres of wetlands and associated wildlife habitat in the Nueces River Delta for protection and restoration, and; WHEREAS CBBFP has received and shared with CITY a proposal submitted by tbe I niversit) uf re>as . Bur,~au ofTconomic Geology (UTBEG) dated December 20, 2005 (Attachmem A for the development of a Digital Elevation Model utilizing LIDAR technology and a bathymetric survey of areas not covered by LIDAR for a total cost of One Hundred Forty-Three Thousand Seven Hundred and Eighteen Dollars ($143,718), and; WHERF A~ CBBCI' cmd (Try desire 10 set out a definitive understanding ccnc(:ming the dnel, 'pment (,1' d Digital EIe\ation Model of the Nueces River Delta. NOW THEREFORE, 1\)1 and in consideration of Ten and Noll 00 Dollars ($1000) and other good and valuable consideration. the receipt and sufficiency of which arc hereby acknowledged and confessed, CBREP and CfTY, intending to be and being lega]]y bound. do hereby agree a~ follows: CITY Fundine. The sum One Hundred Twenty Thousand Seven Hundred and Thirty- Three Dollars and Zero Cents ($120.733.00) is the total fee to be paid by CITY to CBBEP as full consideration of CITY's obligation under the terms of the Agreement. 2 CITY Payment. The CITY shall pay to CBBEP the agreed upon amount within 30 days of the date of execution of this agreement CBREr Fundin,. Ihe SlIlll oj Twcnty-Twll Thollsand Nine Hundred and Eighty-Five )ollars and leiI' Cenb t$L.,9R5UO) is the total amount to be contributed by CBBEP as full 'onsideraliollllt CHBFP's lundinl! ohligation tinder the terms of the Agreement. CBBEIl Ohlieatiolls ( IWI !' ,,11:111 k \\f,lig:ikd I,) Ulllt'dCt with and make payments to HE!. i \[ ilL C\J npkl1111 ,\1 JlblLli I i .itl,\!l !\l;llk! 1 ClL'l.'ordance with the funding 'I'. \ ILkd Ii!\.' ,\in- P \\11 pr i\1\' Cll[lil'C, ill ;111 r,')lorts ;1I1d digital information to CITY i:\ 1,'1',',1 b" I~I; 11' 11\' \' 1'" II ,'iJl], r tlk "untraLt bct\\l'Cll CBI3EP and ! HEt! IlK ( Bln.p l' Iht uhli!:,ated tu pcrt(!Im any other actions. 5. Indemnification. CDBEP HEREBY BINDS ITSELF, ITS SUCCESSORS, ASSIGNS, AGENTS, AND LICENSEES TO INDEMNIFY AND HOLD HARMLESS ('ITY FROM AND AGAINS] ANY AND ALL CLAIMS, ACTIONS, CAUSES OF \CTION, DEMANDS, LIABILITIES, COSTS, LOSSES, EXPENSES, AND DAMAGES, IN CONTRACT, STRICT LIABILITY, OR IN TORT, FOR INJURY TO \NY PERSON (INCLlIDING DEATH) OR DAMAGE TO ANY PROPERTY ARISING OUT OF OR IN ANY WAY CONNECTED WITH IMPLEMENTATION OF THIS AGREEMENT, WHEIU: StiCH INJtRY OR DAMAGE IS CAUSED BY THE SOLE, JOIN r, CON( URRENT, CONTRIBUTING OR COMPARATIVE NEGLIGENCF OR FAlHT OF CBBEP. ITS AGENTS OR EMPLOYEES. h Governine La,'. This i\grccmcnt is dcclar\~d to be a Texas contract, and all of the terms hereof shall be com trued ac:ordin2 to the laws ufthe State (lfTexas. Notices. .\11 notices. demands. requests and other communications required or permitted tu he given or made upon either Party shall be in writing, shall be deemed to be given for purposes of this Agreement on the date such wTiting is received by the intended recipient thereof and shall be delivered personally, by registered or certified mail (postage prepaid), reliable overnight delivery service (fees prepaid). facsimile. or other electronic means, ;H:(\~Dtahk 1(. fhe Pa ty rcce!'in~' "IIIlC., addressed to the Party to whom such notice is directed: )1' to City City of Corpus Christi ;\ ttn: ____...________M.__ P.O. Box 9277 Corpus Christi, Texas 78469-9277 Telephone: (361) Facsimile: (361) E-Mail: 1ft,) ( f~B,""Y' Coastal Bend Bays & Estuaries Program Attn: Ray Allen ] JO'i North Shoreline Hnulevard, Suite 205 ('orpus Christi. TX 7R40 1 lcleph,lll": Ci(j 1) 88<;-6204 ] :k'si!1!lk ,~(,l) 8811..(1 I 98 I -rv1ail r:tllen(~\'hh"p(lrg X Entirc Agl"CC11l01t lhi> \.'1\ I !l1ellt ~'llhtitllte the ,'lltir, :Jsrl'CI11el1t between the parties hereto and no further modification of the Agreement shall be hinding unless evidenced by an agreement in writinf', signed by ( !TY and CBBEP. In the event the parties agree that additional tasks and/or funds are required for the completion of the development of the Digital Flevation Model thl' parties shall t~xecutc a written amendment to this Agreement. EXECtrrED as of the EtTective Date set forth above. City of Corpus Christi Bv Name Title: Coastal Bend Bays & Estuaries Program, Inc., a non.profit corporation under the laws of the State of Texas Ii\ Name: Title (Remainder of page intentionally left blank) Digital Elevation Model of the Nueces Delta Proposal prepared hy the Bureau pI' Fconpmic Gcplogy: December 20,2005 Overview I 'C ;)ilL:1l 'II !'((lIH flli("wi>lnL\ il~I'(li.ll II\" 111\U',It\ili lc\asat Austill(lrn Pld(hISC> I, the alibi i1lL lidai i 11f:!lti ,ktcdl\lil ell") rallglllg) allel shallo\\-watcr echo SI 'llldll1t' ti P",\ ,ell '-'lTain (' '\:Iti I dat:l.l! dppiu\;makl) 1 'jOO ha of\\ctlands, ponds, and adjan.'Ill !lpli1lltb Dlllhe !Hle'_t~ !\ivL'l iklta. i cxas Itig. ! I. I he objective oi'this collaborative research effort hetvvecn UT's Marine Science Institute (MS!) and the BEG \\ 1 hi' 1 .' 'Sl' 'I 'Ill::' ,jl!-'I' 'I i,1I 11l\xlel \'Ial \\11] he llsed to (1) better understand how \ cgnation assemblages arc correlated \vith elevation, (2) map habitats in C\Il1Jll!1CtIOII \i ltb :ler al pholi'!,'raph, aml (,j I design ti-eshwakr diversion projects. In addition to acquisition of conventional first and last return lidar data, which will be used tu create the DE!\1's. we will acqUIre experimental wave-form data. The acquisition of \\<1\,,' form data \\ill :Jot add dddit](I!lLll cost to this project. and the BEG will seek other funding to process and analy/,e these data on an ~xperimental basis. I I ! \ f . . , / .-:--+..~-- i 1 /'_!' _~ .,A~'~ _ - ;-' ... ~ )- Methodology This section describes the work necessary to acquire digital terrain data and to produce research-quality OEM's. The !idar instrument is optimized for terrain, but it will not penetrate water, therefore. we will use an echosounder and geodetic GPS to acqUIre elevations of the major ponds and tIdal channels interior to the delta. The /idar survey will take place dunng February, which IS tYPically a period of low water level on the delta and in the bay The bathymetric survey will take place in Mayor JWl(C which is whei I hiqh water levels tend to occur Airburne l.idar Sur. c~ Udar equipment and data collection The BEG will conduct the fidar survey using their Optech Inc Airborne Laser Terrain Mapping (AL TM) 1225 system. We propose to fly parallel northwest-southeast flightlines with nominal 60% overlap to provide complete coverage of the 3rea shmvn in fiq 1 The At TM 1225 wm be operated using the followmg parameters. · Survey altitude no greater than 2,500 feet above ground level (AGL) · Aircraft ground speed of 95. 105 knots to ensure close scan line spacing . 25kHz /idar pulse repetition rate . 26Hz scanning frequency . :f20 0 scan angle for a maximum !idar swath width of 2, OOOft at 2, 500ft A GL. Dunng each flight, lidar data WIll be acquired over a calibration target. This target will be a hard surface, such as a road, that we have surveyed on the ground using a kinematic GPS technique. The aeriallidar survey portion of the project area will require approximately three days using the parameters described above. Aircl(lft The I\L rf\/ will be installed in a single-engine Cessna Stationaire 206 fixed- wing aircraft owned and operated by the Texas Department of Transportation. Global Positioning System (GPS) equipment and data collection. The aircraft will be equipped with two GPS systems. A real-time differential GPS (DGPS) system will prO\lde navigation information along pre-planned flightlines A dual frequency, geodetic- quality Ashtech Z -12 GPS recei\er will also be mounted in the aircraft. Two additional Ashtech 7-12 receivers will function as ground GPS base stations for post-processing difTerentially corrected GPS aircraft trajectories. The air and ground Ashtech GPS receivers will record at a I-Hz data rate. The GPS base stations will be located so that the GPS baseline lengths to the survey aircraft will not exceed approximately 15.5 mi (25 km). The GPS base stations will have a clear view of the sky IO-degrees above the horizon and be free of electromagnetic interference. GPS ground control data recOlmaissance will he performed by BEG with the assistance of MSI personnel. Data Processing. Lidar and GPS data will be downloaded, checked for completeness, and archived on a daily basis. Prior to generation of aerially extensive point data files, sample areas will be processed to estimate lidar calibration parameters. The GPS aircraft trajectories, IMU, and Iidar-range information will then be merged to create X, ~ Z point files for the entire area. We will calibrate the data by analyzing lidar measurements of the calibration target. This calibration will include estimation of roll and pitch biases, scanner scale error, and biases in the two Timing Interval Meters (TIM1 and TlM2) used to measure the ranges of the first and last lidar returns. \\L' \' iI! ,,'(<1111,[1\ h,,'\',kli\ ~~'()lill ( ! P<.., po-;it 10n:-; \\ 1 II ~i!' (iPS ph:l:;C C;()lll'! 'n:; r(ll (!1<' :nrcratt trajl'ct"rics and n,l!" any temporar; ,11 I'll! 11, 11,: "li:111\)1111 i ,'1r,:';1.nal !<l'tcrlllT hanK 2000 OTRFOO). ,II l11el1 hI' 11,lllSI(llllled inl() '-j()rthL\ll1\'rican 1 )atum or 1983 (NAD83) 'I""" (1)>,11, 'ill 1';, . I), "1]<l,'nlPositioning) soft \\ arl' I he ground-truth assessmelll of the tidal' datawd] be accomplished by comparing the Ildar data 10 unambiguou:-; surface:-; and features it' g" mads) surveyed on the ground using kinematic and rapid-stdtic (illS techniques. In addition, BEG, with the assistance of MS! personnel, will measure thl' elevations \Jr select points ill a variety of delta environments and compare them to the lidar OEM. If necessary, we will install and suney temporary monuments on the delta from which \\'c will measure topographic transects for comparison with the I idar. Kchosounder Survey A 200 kHz Knudsen Series :\20M precision surveying echosounder will be used for the bathymetric survey. This echosounder is single beam and optimized for shallow water which is what we will encounter on the delta. The system will be mounted on an airboat operated by UT-MSI. The x. v. I. position of the echosounder's transducer will be determined for each sounding using geodetic GPS receivers on the boat and at a reference point and kinematic GPS processlng techniques similar to what is described for the aircraft trajectory. Processing ofthe data will involve determining the trajectory of the transducer from the GPS data and combining this information with ranges (depth data) Ji"om the echosounck~r to vield the \ y.? location of the bottom. Survey lines will be spa.:ed 10 adequate! charac1crize lhe pond and creek bottoms in consultation with UT- 1\1S1 researchers We may also cunduct wading profiles to ensure lidar/echosounder overlap in select areas. We expect it will take 5 to 10 days to acquire the necessary bathymetric data, but the survey will not be designed until the results of the tidar survey are known. I>igital Elevation Model and Transformation to orthometric heights i\ digital elevation model that combines lidar and echo sounder data will be constructed. DEM node spacmg will be j mIhe survey is designed so that there will be areas of overlap with the lidar and echosounder data. This will facilitate combining the data sets II1to a common DEM. The DEM will be transformed so that heights are relative to the North American Vertical Datum of 1988 (NA V088). Lidar elevations are (iPS-derived heights aoove the reference ellipsoid (HAE). Orthometric heIghts (1) are referenced to the geoid, an equipotential reference surface. At the same point on the surface of the earth. the difference between an ellipsoid height and ar (xthometric hught is defined as the geoid height (N). We will transform the lidar HAE IIlld dllhull1dll-.: heigilts USlllh a 11Ighn.:sulutiull ('UlpUS l']llisli geuid model developed b) U i lalla:.;. Inas At. M (orl'us '. '!msti, and IH( ; and then c\\rrect the geoid-adjusted lidll dati set 1,; Ct inf, TI11 III tl1: f\,\ \,' i )~S d:ltunl Il1h lll!TCCllUI1 tu ]\;1\ VI)SS requires cc>mp,lring the (;PS-(it,'rivcd (Irthon1l'tric hcil!hts Io NA \f)XS henchmarks and estimating tiIL~ sl',.dt ~~r"!:,)r Accuracy and Detail The !ldar survey is designed to YIeld an average of 2 data points per square meter with a horizontal accuracy of 0.5 m. Vertical accuracy on unambiguous, barren surfaces will be within 0.15 m (RMS I and likely within 0.10 m. Our experience acquiring and analyzing lidar data in Texas coastal wetland environments has shown us the importance of flying with a large amount (1f overlap (60~/o) so that each location is acquired twice. This improves coverage of the surfaces of extremely smooth water and low flats and increases the probability that a laser shot will reach the substrate belo\\' vegetation. Wetland vegetation wilL however, decrease the vertical accuracy of the substrate elevations. In a survey of estuarine wetlands on Matagorda Island, we measured a lidar data bias of 0.1 to 0.2 m above the substrate in a low marsh with 0.3-m high Balis maritime, which formed a dense ground cover (fig. 2). We can also expect wetland vegetation to increase the vertical scatter of the lidar data by as much as 0.1 m. Even with these accuracy limitations, however we have shown the usefulness of using lidar to correlate wetland types and elevation across broad areas on the upper Texas coast. We are using these relationships to develop inundation models showing the effects of relative sea-level rise on wetlands. Scatter in the lidar point data and information contained in the wave forms can be exploited for characterizing vegetation and detecting the substrate, and we will seek other nmc1ing 1< do thi~, Tile echosounder data will have high detail along survey lines (<I m spacing), but survey lines will be spaced I O's of meters apart depending on the bathymetry. Spacing and orientation of survey lines will be designed to capture the major variation of the bottom. The accuracy (If indi \idual soundings will be within 0.10 m. but there will be less cel1ainty in the DEM bccaus\ of the interpolation required between survey lines. n ~\\.li':)nUlnell ): c y -" .. \ !'J! a'-j t ::it o Lida r Last Retu In - Ground-based Profile Vegelation Helghl !\/ A,\ Mat;lG' 'eL, I lrt" J! n" .1, 7CH17 t c. 0' -~ II '~.i ih1'cJ2 ~""rtl~~erat" =r- l Ii San A .'1101),10 Bay r~'-- -----..., . 1 Ii C 200 '25C Distance from Monument (m) Figure 2. Ground-surveyed substrate and vegetation height compared with lidar points relative to mean sea level Oeliverables The deliverables from this project will include: . Results or IdaI' instrument calibration and verification using ground-truth GPS survey data. These will provide an assessment of the limits oflidar data accuracy. . Results of comparisons of the lidar DEM with elevations measured on the ground in various environments. Ground survey data and information on the environments from which it IS collected will be provided. .rhe all-points lidar X.y,z points will be provided in an ASCII file format and parsed into "tiles" covenng tJSGS 7.1 -minute quarter quadrangles. . x, y, z ecllos\mnder point lik. . Combined lidar/echosounder (DEM) with metadata in a format compatible with ArcView/ ArcInfo or other. specified GIS-software. . Sample experimental wrln:'.form data Liatd will be ddi \'er:d in U1 [\,1 /OI1C 14. meters relative to the NAD83 horizontal datum and the NUVD88 vertical datunl l'he !idar data \villmeet the accuracy requirements in the Geospatial Positioning Accuracy Standards, Part 3. Schedule 2006 January/February: ground reconnaissance for errs base stations and calibration sites February: Acquire lidar data March: Preliminary Iidar data processing. March: Ground survey of select locations in various environments April/May/June: Process lidar data and evaluate quality May/June: Conduct echosounder survey July/August: Construct combined lidar/echosounder DEM ''Xuglh1 3! [kl!\nal~le~ du,.' 'Uf\€. udar Surve.y TOTAL ~ nOS(lunae SlIIarles !ln,' wages t !tort Months 'hosou l(1f' Llda; J~rnE~ I., G:t"l€a,ji HljS€d....~ll A5&x:;att: \':1" 3435 13.7 40 Roberto Gutierrez Researct~ ASsoc,atE , ~,\ ')9." 9276 12,368 1(<' [i;;jl;:_:an As<;AY: Dlfec\o' L', 420 840 h'~Ot' ~:..;:i Sf!lytt .;t- /.-~ -.: '-~ l'ffar-IV Hepner h"-SE-i!lt: A~~sc)\ 'cj,t_ 5,088 9,328 : 204 3,612 C 3086 B9B 898 877 1,333 452 904 23,327 48,286 7,465 15,452 8,373 15,730 0 500 50 150 0 300 100 1,100 100 200 11,945 11,945 150 150 0 1,100 0 500 12,345 15,445 16,000 16,000 2,580 5,430 j':ltU. i\ridr€\-....s ;:::--;f' Computer T echl\lCld' CiRA Li'lnamed ;.-- -eld T echnio3' Unnamed Gcaphlcs 111~stratol ('. n ')~ 45f l)nnamed Edite,' o .~ o '3 452 Subtotal Salaries and Wages Fringe Benefits 24,959 7,987 Administrative Costs 7,357 Tuition 500 Materials and Services Expendable Supplies Report production, phot()('--opyng, reproduction costs Survey EqUip. Support cell phones, long distanoo A.ircraft serviceS Aircraft hanger/supplies @ $3Jfday Airboat usage @ $11 O/day Airboat fuel @ $50/day 100 300 1.000 10C 1,100 500 Subtotal Materials and Service~, 3,100 LIDAR Instrument Usage (@ SaOOO/day) (. Computer Time Charges Windows NT workstation @ S JOOlme jni~ Workstation @ $1500/m L,8S0 Travel Austin - Port Anansas, 2 trips, 3 people, 6 days Per diem @ $125/day 4.500 0 4,500 BEG vehicle mileage @ $ 40 "mile 689 0 689 L1DAR ReconnaissanCf' Per diem IJ 726 726 BEG vehicle () 182 182 L1DAR survey Per diem 0 2,420 2,420 BEG vehicle 608 608 GPS survey Per diem 0 726 726 BEG vehicle 0 365 365 Subtotal Travel 5,189 5,027 10,216 Total Direct Cost 51,942 75,117 127,059 Indirect Cost (15% of MTDC) 7,791 8,868 16,659 TOTA! $59,733 $83,985 $143,718 11 AGENDA MEMORANDUM City Council Action Date: June 27, 2006 AGENDA ITEM: Motion authorizing the City Manager, or his designee, to award Change Order No.2 to a construction contract with CCC Group, Inc. of San Antonio, Texas in the amount of $316,134.00 for the for Corpus Christi Marina Development Project Phase III (Floating Docks E, F, G and H) for Additive Alternates NO.4 and 5. !JSUE: The Corpus Christi Marina Development Project consists of several phases to enhance the usability of the Marina. This third phase provides for expanding the existing recreational boat slip capacity. The original contract provided for 120 mixed length slips. This change order will add an additional 38 new slips to the project. FUNDING: Funding IS available through the Marina and Water Department Capital Improvement budgets. CONCLUSION AND RECOMMENDATION: Staff recommends approval of the change order so the additional work may proceed. / ~ /~ f!i ~IY ~Vlie<1!/ 1 ---- Direct of Parks & Recreation r €df! ~ ~~ ~y# ~g I . Escobar, P.E. irector of Engineering Services lst!Itional Support Material: Exhibit "A" Background Information Exhibit "B" Change Order Summary Exhibit "C" Location Map H:\HOME\LYNDASIGENlMarinaI3297, Phase 3 - Docks E f. G & ~jlanQe Order No.2IMemo.DOC BACKGROUND INFORMATION SUBJECT: Corpus Christi Marina Development Project - Phase III (Docks E, F, G, and H) Project No. 3297 C,..ANGE ORDER BACKGROUND: The original construction contract provided for the construction of 120 boat slips through the award of the Base Bid and Additive Alternate NO.1. (See table below) The award of Additive Alternate No. 2 and 3 at the time of the construction award enabled the City to construct the main pier of Dock H and provide the necessary utilities to Dock H. The City did not award Additive Alternates NO.4 & 5 at that time, but it was the intent of the City to award the additional additive alternatives as funding would allow as the project progressed. Increasing the number of boat slips would be accomplished through the use of contingency funds as the money became available. ORIGINAL CONTRACT: ~. Ski ite~ "J'..~ ~.~. Q~ck~eJl!lTar SIiPs+=~ideJ"Jes__r .End Berths I .~_~e_BI~ .... __ E -4 ... 18_i....-._]~----'- 2 ~. Base B~~ _.~~ .---+____.~6_____._ 0 2 i~~~tj---G==L13082==Cl~ ~ CHANGE ORDER DESCRIPTION: Total SIi s 32 48 40 120 With the award of Alternative Alternate numbers 4 and 5, the north and south finger piers and slip piles along Dock H will be completed and the Marina will increase the boat slip capacity an additional thirty-eight (38) slips to a total of one hundred fifty-eight (158) slips. CHANGE ORDER: i-Bid-jtem-.-.i.==DOCk~ejiiJ'-~r:.SIiPS I~ide Ties r End Berths i Add Alt #4 H - South 18 I 0 i 1 i-Ad'!!>.!! #5 . H::-Nortrr=:::::18_=t=O::::::J 1 The cost of Additive Alternate NO.4 is $ 137,019.00 The cost of Additive Alternate NO.5 is $137,333.00 H:\HOMEIL', NDAS\GEN\Manoa\3297 "hasp - Docks E, F G & H\Change Order No.2\BACKGROUND,doc Total SIi s 19 19 EXHIBIT "A" Page 1 of 4 This change order also includes additional work to develop a new berthing area for the Captain Clark Flagship Vessel. Throughout the progression of the Marina Development project it was determined that it was not in the best interest of the City of Corpus Christi or the Marina to construct a stand alone commercial boat dock facility. Instead, to take advantage of cost savings measures and the synergy of the existing restaurant, the Captain Clark Flagship will be relocated to the southwest corner of the Peoples' Street landmass. This location presents the best possible area to reposition the Flagship offering a high visibility presence to tourists who visit Joe's Crab Shack and keeping the boat easily to locate for existing customers. As part of the transition, water, electrical service and fencing will be added to this area to accommodate the needs of the Flagship and the safety and convenience of the public. A new, permanent security fence will be erected along the south tip of the T -Head for the Flagship operations, which will provide for access control as well as storage area for the business The cost for this additional work is $41,782.00 PROJECT BACKGROUND: On July 27, 2004 City Council approved a Resolution authorizing increased and new Park and Recreation Marina Fees. This additional revenue was required to support the issuance of $4,500,000 in Certificates of Obligation necessary to finance needed improvements to the Corpus Christi Marina. This project will begin the fmal phase of the Marina Development project by increasing the number of boat slips on the People Street T -Head. QRIGINAL PROJECT DESCRIPTION: Phase III of the Corpus Christi Marina Development Project - Phase III (Docks E, F, G, and H) consists of: · demolition and removal of : o existing concrete and asphalt paving, o electrical conduit and conductors, and o timber piling and decks and miscellaneous canopies and benches; . installing of: o new concrete and/or steel dock piles, o floating docks; o new concrete slip piles; o dock electrical conduit and wiring, potable and firewater piping; o dock area power pedestals; o a wastewater vacuum system for Docks E & F; o fendering and mooring systems; o landside electrical conduit, wiring, meters, and switching stations; and o landside potable and firewater piping and wastewater piping A series of Additive Alternates provided for other options such as additional floating docks, a new gate access system and wastewater vacuum system for Docks G & H. EXHIBIT" A" Page 2 of 4 H:\HOME't YNDAS\GEN\Ma"na\3297 phas,' 3. Docks E I G & H\Ccange Order No 2\BACKGROUND,doc CONTRACT TERMS: This change order will not add any additional days to the contract period. The project will be completed in 180 calendar days, with completion anticipated by November 2006. ~DlTIONAL BACKGROUND INFORMATION: The City of Corpus Christi Marina complex is in need of improvements to current facilities. A variety of events including Bayfest, Buccaneer Days, the U.S. Open Windsurfing Regatta and the Fourth of July Celebration attract transient non-trailerable vessels and local boaters to the Corpus Christi Marina. Through a phased approach to construction new restroom, shower, laundry facilities. meeting rooms and boat slips have been constructed to assist existing boat owners and accommodate visiting boaters to the complex. Such amenities are necessary to attract quality boating events and boat owners to this area and enhance economic development in the downtown area. Prior improvements to the Corpus Christi Marina have included: · People Street T -Head Boaters Facility: This project provided for new restroom, shower, laundry facilities and meeting rooms on the People Street T -Head to assist existing boat owners and accommodate visiting boaters to the complex. (COMPLETED) · Lawrence Street T -Head Boaters Facility: This project provided for new restroom, shower, laundry facilities and meeting rooms on the People Street T -Head to assist existing boat owners and accommodate visiting boaters to the complex. (COMPLETED) PRIOR COUNCIL ACTION: 1 . July 27, 2004 - Resolution authorizing increased and new Park and Recreation Marina fees for Fiscal Year 2004-2005; providing effective date; and providing for severance. 2. December 14, 2004 - Resolution expressing official intent to reimburse costs of the Marina Improvement Project. 3. December 14.2004 - Ordinance appropriating $450,998 from the Marina Fund No. 4700 Unreserved Fund Balance for the Marina Development Project - Peoples Street T -Head [Floating Docks "E", "F". "G", Commercial Dock] and Boater's Facility/Restroom; amending Operating Budget adopted by Ordinance No. 025878; and declaring an emergency. 4. December 14, 2004 - Motion authorizing the City Manager, or his designee, to execute a Contract For Professional Services with Shiner, Moseley & Associates, I nc. in the amount of $405, 130 for the Marina Development Project - Peoples Street T-Head [Floating Docks "E", "F", "G", Commercial Dock] and Boater's Facility/Restroom. 5. December 14, 2004 - Motion authorizing the City Manager, or his designee, to execute a Contract For Construction Materials Engineering Laboratory's Inspection and Materials Testing Services with Fugro Consultants, LP in the amount of EXHIBIT "A" Page 3 of 4 HIHOMEllYND!\SIGEN\Manna\3297 'hase:. Docks E, F G & HIChdnge Order No 2\BACKGROUND doc $45,868 for the Marina Development Project - Peoples Street T -Head [Floating Docks "E", "F", "G", Commercial Dock] and Boater's Facility/Restroom. 6. March 29, 2005 - Approval of the FY '04 - '05 Capital Improvement Budget for $178,074,800. (Ordinance No. 026188) 7. January 31,2006 - A Resolution authorizing the City Manager, or his designee, to accept a grant from the Texas Parks & Wildlife Department in the amount of $69,000 for Phase 1 of the Corpus Christi Marina Boat Pump-out System for Dock "E" Peoples Street T-Head, with $23,000 match from the No. 3233 Marina Development CIP Fund 8. January 31,2006 - Ordinance appropriating a grant from the Texas Parks & Wildlife Department in the amount of $69,000 for in the No. 1058 Marina Grants Fund for Phase 1 of the Corpus Christi Marina Boat Pump-out System for Dock "E" Peoples Street T-Head: and declaring an emergency. PRIOR ADMINISTRATIVE ACTION: 1. February 15, 2005 - Administrative approval of an amendment to a Contract For Construction Materials Engineering Laboratory's Inspection and Materials Testing Services with Fugro Consultants, LP in the amount of $13,975 for the Marina Development Project - Peoples Street T -Head [Floating Docks "E", "F", "G", Commercial Dock] and Boater's Facility/Restroom. FUTURE COUNCIL ACTION: Nothing anticipated. EXHIBIT "A" Page 4 of 4 H\HOME\l'YNOAS\GEN\Mar"la\32S1 F'!ase - Docks E, f.:; & HIC11ange Order No 2\8ACKGROUNO,doc Department of Engineering Services Change Order Summary Sheet June 19, 2006 PROJECT: Corpus Christi Marina Development Project (Docks E, F, G & H) Project No' 3297 APPROVED: City Council on 3/28/06 .. Motion No. M2006-097 CONTRACTOR: CCC Group, Inc. 6364 Hopkins Corpus Christi, TX 78409 TOTAL CONTRACT AMOUNT 25% Limit Amount. $3,835,988.00 958,997.00 Change Order No.1 (6/19/06) Change Order No.2 (6/19/06) Total 0.00 316,134.00 316,134.00= 8.24% < 25% Exhibit "B" Page 1 of 1 ,Hl,Mt , ';)S~,.'t"L \~ jUt ,5t DOCK E ~---T'----" I~ ~ I I') I 111, I I I I I I I I .4' ,,'.. I J I I I ~, I ' '-------__.1 ':"ye'''' \4R 1 HtAU329' dwg ; i-tOREL/NE BL VD DOCK F "t_~?" PEOPLES T -HEAD ',lIEE SHEET 2'.1 .. "---""-'-- -'-.. LOCATION MAP NOT TO SCALE CITY PROJECT No. 3297 CORPUS CHRISTI MARINA DEVELOPMENT PROJECT PHASE III - (FLOATING DOCKS EJ F, G AND H CITY OF CORPUS CHRISTI. TEXAS DOCK G DOCK H z~ I- I I . I- I . I- I . T~ - EXHIBIT II C II CITY COUNCIL EXHIBIT DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 2 DATE: 06-21-2006 ~ -- - - - - ~-r ,'~ JMi \ z~ i':JC;t t~it..ti,,-L... t'AtDii.,JWY ~. '.. .. ............ ~- -.......--. . ......., .. ....-) (/"" . ......'!! [ r '. ~ ~ I i .j ro:::'.=====:::' -) '::=--:::::::"=:::::'::=::::::;!J 10 f I . I ~ ',' he!! ~FiJP _.. r..",.,,,-...... \Ill: I if' "A .\Yn~ I I .j' E IfL /' /. - --= =====..... ~~,' :, ./' ....... '-,::1' ~ ~;..._""';"''" -'" '1"1'/ " "~I.~ .:~"';" ,/5j/" ('.. ;//., _....~~._--~=--,.f;:~~;~>=~1.~/t. . ~.j.J.>) '.,":P8R::,":'I" ~~,'-f:':'G ~lJT -~~~, j \\...//~ f .c:;. .~ .L ,L ,.....i~___ I I I I I I I I I I I I \: I ~ I ~. L_____ ) /' '/ , r \\- EQUIPMENT STORAGE AND TICKET BOOTH J I ~. 7 ',-' ~.! l T;l::=~ ' N ~ j ! t -' \ .r!rJ~ LC; ~ "" . " _. . \'\, '",~ 4' \ \ \\ \, \ \ ''\;:~ ". ;%;:' -'l.:~,<.~-,'. - - '" - '\ '\"" '-.\ '\ '\ '\ V ... '<'" ;Y-.. ", '\ ",,' \ \_.-.-i \,', \ \. ...1.., "l...-...-.~----'--' '\ '::.:~:~..:.,~:..i__:;;.;;.'.;.;;.;;.;:::';;;;;;;.;.;.~:;-":;"'~:-' . ,.. ~.~_"~~_____~ " \~ '\ \ ::~ J =} "-_.~--- ...---... ,. .. ..__..,...._,...-=------~...._"-_._-~ J I I :,,4 q, ',,-- PERMANENT FENCE 8' HIGH W/1" MESH lJ -- - --------..1 LOCATION MAP NOT TO SCALE CITY PROJECT No. 3297 CORPUS CHRISTI MARINA DEVELOPMENT PROJECT PHASE III - (FLOATING DOCKS E, F, G AND H CITY OF CORPUS CHRISTI, TEXAS EXHIBIT "e" CITY COUNCIL EXHIBIT DEPARTMENT OF ENGINEERING SERVICES ~ -- - - - - PAGE: 2 of 2 DATE: 06-21-2006 ~ 12 AGENDA MEMORANDUM DATE: June 27,2006 SUBJECT: Cefe Valenzuela Landfill - Project 5186 AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute Change Order NO.8 for the construction of an additional lift station, a wireless communications tower, and scale software for financial interface with the City's software system in the amount of (approximately) $280,353.00 with Longhorn Excavation, Inc , of Richmond, Texas for the Cefe F. Valenzuela Landfill Site Development Project. ISSUES: 1 TCEQ changed regulations during the past year and no longer allows pressure wash water to be co-mingled with sanitary wastes for disposal in septic tanks. This requires a lift station and installation of approximately 4,000 I.f. of wastewater pipe to connect to the evaporation ponds. 2.A wireless communications tower must be installed at Corpus Christi International ,~Irport to permit electronic and data communication with the City. 3. Additional software is needed to allow the automatic processing of billing data from the scales to the City financial system RECOMMENDATION: Approval of the motion as presented. ~,A- ~~ .O~ Ang R Escobar. P.E J plan Dir ctor of Engineenng Services Director of Solid Waste/Street Services Attachments a. Additional Information b. Change Order Summary c. Site Map d. Budget H: \HOME \KE VI NS\GE N\LANDFI LL \ Valenzuela IC08Memo.d oc ADDITIONAL INFORMATION CHANGE ORDER: The change order provides for the construction of an additional lift station, a wireless communications tower, and acquisition of scale software for financial interface with the City's software system. The change order summary is attached. See Exhibit B. The lift station and installation of approximately 4,000 I.f. of wastewater pipe to connect to evaporation ponds is required due to the change in TCEQ regulations. Fiber data connection was deleted from the bid package due to the distance from the nearest City fiber data line to Cefe Valenzuela. The distance resulted in a cost that was deemed excessive, and the decision was made to proceed with a wireless solution as a change order. The wireless communications tower is necessary to permit electronic and data communication with the City. The tower will also provide electronic communication and data redundancy for Cefe Valenzuela Landfill and the Airport. The additional scale software will interface billing data from the scales to the City financial system. PRIOR COUNCIL ACTION: The most recent actions to initiate actual construction of Cefe Valenzuela Landfill have been: Julv 15, 2003 .. Resolution authorizing the City Manager, or his designee, to execute a Local Project Advanced Funding Agreement for Voluntary Transportation Improvement Project with the Texas Department of Transportation (TxDOT) governing the construction of a proposed drainage culvert on FM 70 to serve the future development of Cefe Valenzuela Landfill in the amount of" . $16,000.000 for preliminary engineering; and · $900,000.00 for construction December 21, 2004 - Motion authorizing the City Manager, or his designee, to execute Amendment NO.1 0 for engineering services with Shiner, Moseley & Associates, Inc. in the amount of $222,000 for the finalization of plans for Cefe F. Valenzuela Landfill. January 25, 2005 - Motion authorizing the City Manager, or his designee, to increase the escrow funding with the Texas Department of Transportation (TxDOT) in the amount of $157.48245 for the construction of a proposed drainage culvert on FM 70 to serve Cefe Valenzuela Landfill. March 29, 2005 - .Approval of the FY2004 Capital Budget, Ordinance No. 022188. AUQust 30.2005 - a. Motion authOrizing the City Manager, or his designee, to execute a construction contract in the amount of $14,875,294.00 with Longhorn Excavation, Inc., of Richmond, Texas for the Cefe F. Valenzuela Landfill Site Development Project (M2005-308). b. Motion authorizing the City Manager, or his designee, to execute a materials inspection, testing and laboratory services contract in the amount of $283,059.50 with Kleinfelder of Corpus Christi Texas for the Cefe F Valenzuela Landfill Site Development Project (M2005-309). October 25. 2005 - Motion authorizing the City Manager, or his designee, to approve an aid to construction in the amount of $196,540.00 with Nueces Electric Cooperative to extend I Exhibit YAP I Page 1 of 2 ...,IHOME: \KE 'J!NS\GE N\Lt.NDFILl Valenzuela\C08Bkg ExhAdoc electncal power to the Cefe F. Valenzuela Landfill Site Development Project (M2005-370). December 13, 2005 - Motion authorizing the City Manager, or his designee, to execute Change Order NO.1 to increase the Enterprise Products pipeline adjustment allowance in the amount of $159,965.00 with Longhorn Excavation, Inc , of Richmond, Texas for the Cefe F Valenzuela Landfill Site Development Project May 16, 2006 a. Motion authorizing the City Manager, or his designee, to execute Change Order NO.6 for the excavation and transport of overfill from J. C. Elliott Landfill Sector 9 to Sector 11 in the amount of $547,50000 with Longhorn Excavation, Inc., of Richmond, Texas for the Cefe F Valenzuela Landfill Site Development Project (M2006-143). b. Motion authorizing the City Manager, or his designee, to execute a work order with SFI Waste Services of North America, Inc., of Scottsdale, Arizona, in the amount of $848.400.00 for the spread, compaction and cover of overfill from Sector 9 delivered to Sector 11 of ,j. C. Elliott Landfill in accordance with the terms of the Landfill Services Agreement (M2006-144) May 18, 2006 - Ordinance by the City Council of the City of Corpus Christi providing for the issuance of City of Corpus Christi, Combination Tax and Solid Wastes Revenue Certificates of Obligation, Series 2006, in an amount not in excess of $20,000,000 and ordaining other matters related to the subject (Ord. No. 026783). June 6, 2006- Motion authorizing the City Manager, or his designee, to execute Change Order No. 7 for the reconstruction of County Road 20 from FM 2444 to the Cefe Valenzuela County Road 20 Drainage Culverts in the amount of $389,862.80 with Longhorn Excavation, Inc., of Richmond, Texas for the Cefe F. Valenzuela Landfill Site Development Project (M2006-170) ADMINISTRATIVE ACTIONS: December 14, 2005 - Approval of Change Order NO.2 to decrease pay allowance by $40,000.00 for the Duke Energy pipeline adjustment December 28, 2005 - Approval of Change Order NO.3 in the amount of $13,800.00 to increase allowance for Onyx Energy pipeline adjustment (Pay Item 21). January 25, 2006 -- Approval of Change Order NO.4 in the amount of $24,570.00 to provide and install 6 500 I.f of 5-strand barbed wire fence with galvanized T-posts and two corners March 31,2006 - Approval of Change Order NO.5 in the amount of $16,547.53 for various civil, mechanical, architectural and pipeline adjustments. FUTURE COUNCIL ACTION: Award of contracts for Cefe Valenzuela Landfill including: · Award of any necessary change orders; · Award of a construction contract for a citizens collection center and solid waste transfer station at J. C Elliott Landfill; · Design and construction of future disposal cells. FUNDING: Funding is available from the pending Landfill CIP Sond Sale based on the reimbursement resolution. H. \HOM ElK E VI NS IGE N\LA N D F ILL, Valen zue 18 \C08Bkg E xhA. d DC I Exhibit "A" I Page 2 of 2 DEPARTMENT OF ENGINEERING SERVICES CHANGE ORDER SUMMARY SHEET JUNE 6 2006 PROJECT: Cefe Valenzuela Landfill Site Development - Project No. 5186 (J C. Elliott Sector 9 Overfill) APPROVED: Motion No 2005-308 08/30/05 CONTRACTOR: Longhorn Excavators, Inc. 8653 F.M. 2775 Road Richmond TX 77469 TOTAL CONTRACT AMOUNT.. 25% Limit Amount. .. ....... .... . Change Order NO.1 (12/13/05).... ............ Change Order NO.2 (12/13/05) Change Order NO.3 (12/28/05) Change Order NO.4 (01/25/06) Change Order No.5 (03/31/06) Change Order NO.6 (05/09/06) Change Order NO.7 (06/06/06) ... ........ ..... Change Order NO.8 (06/27/06). .. ...... ..... Total.... . 14,875,294.00 3,718,823.50 159,965.00 ($40,250.00) 13,800.00 24,830.00 16,547.53 547,500.00 389,862.80 280,353.00 1,392,608.33 = 9.36% < 25% CHANGE ORDER Department of Engineering Services City of Corpus Christi, Texas CHANGE ORDER NO -1L FUNDING SOURCE: 550910-3359-00000-140565 CONTRACT TIME: 425 C.D. Operating Department: Enqineerinq Services DATE June 27,2006 Name of Project Cefe F."yalenzuela landfill Site Development Proiect 2 - Proiect No. 5038 Contractor Lonqhorn Excavators, Inc. CHANGE AS FOLLOWS: 1 Install Wi-Fi Tower at Corpus Christi International Airport for Cefe Valenzuela Data communications per plans and specificatIons 2 Provide and Install a wash water lift station In accordance with plans and specifications attached ,j Provide and set up additional scale software. programming, support and equipment per attached specifications ADD $128,445.00 $64,500.00 $87.408.00 $280,353.00 DEDUCT Why was this change necessary') (If left off the plans and specifications, explain why) Onqinal Dlans did not propose utilizinq CCIA for a Wi-Fi connection. TCEQ chanoed reQulations durinq past year and no lonaer permits disposal of washwater throuqh triple basins into sanitary septic tanks. Additional software is necessary to permit interface with City's billinq software. How can similar changes be avoided in the future? Define data communications, and software requirements in advance of biddinq. Chanqes in reoulations are difficult to anticipate. A CONTRACT PRICE B. TOTAL CHANGE ORDER (inc current) C. NEW CONTRACT PRICE D. THIS CHANGE ORDER. E, PERCENT TOTAL CHANGE (BfA) F, PREVIOUS ADDN'L TIME AUTHORIZED G ADDN'L CONTRACT TIME THIS CHANGE ORDER H, TOTAL ADDITIONAL TIME, CITY OF CORPUS CHRISTI. TEXAS ,,$ 14,875.294.00 ".$ 1,392,608.33 ,,$ 16,267.902.33 ".$ 280,353.80 9.36 % OCD OCD OCD CONTRACTOR Project Engineer By". "'_''''__'_'''_''__'__. City Engineer By: Title. APPROVED: ." Operating Department Director of Management & Budget _ Legal Department Change Order No, 8 Item 1 - Wi-Fi Tower at CCIA per plans and specifications signed and sealed by Mike Colwell, P.E. A Furnish and install one-11 0 foot Wi-Fi Tower with electrical/equipment buDding (6' x 4'), all equipment, antennas, radios in place complete B Electrical subcontractor including connection to CCIA wastewater lift station electrical power panel - allowance C Site Work 1 Mobilization and Demobilization 2 Strip grass for 40 x 40' pad 100' x 5' sidewalk and 4' x 6' building pad 3 Provide/compact up to one (1) foot of select fill for 45' x 45' area (select fill May be obtained from Cefe) 4 Install crushed limestone base minimum thickness 6" crushed base area 40' x 40' 5 Pour 100' x 5' concrete sidewalk 6 Pour 4' x 6' x 6" building pad 7 160 I f of chain link fencing 8 Two gates for fence $78,445.00 $30,000,00 $3,500.00 $2,350.00 Subtotal Item 1 TOTAL $2,950.00 $4,250.00 $2,500.00 $250.00 $3,200.00 $1,000.00 $20,000.00 $128,445.00 Item 2 - Wastewater Lift Station A Install discharge system for the triple basin interceptor including: 1. Four (4) inch drain around building; 2. Package discharge pump from PEECO; 3. Two (2) inch HOPE discharge line connecting to existing leachate line at land fill cell; 4. Backfill lines with existing soil on site; 5, Sleeves including removal of road base and replacement as follows: a Maintenance Road - install 4" C-900 sleeve beneath maintenance road; b West Access Road - install 4" C-900 sleeve beneath west access road; B Cost breakdown 1 Electrical.", .,.. $7,038.00 2 Subcontractor (Cactus Utilities) , $55,212.00 3 Sleeves complete in place ",'., $2,250.00 Item 2Total " $64,500.00 Item:3 Scale Software, Programming, Hardware and Support A, Auto Scale 2000 Software Additions 1 Central Management Reporting System 2, CMRS Seat Licenses 3 Custom CMRS Reports (5 reports Included in package) Subtotal Qty. 1 5 5 $11,495.00 8 Software Customize Features 1. Customize fee structure accounting per John Kucera dated 2/13/06 2 Customize for credit card interface per John Kucera dated 5/22/06 as revised 5/24/06 Subtotal $34,500.00 C Hardware Modifications 1. Delete Intercoms 2. Delete Code Readers 3. Add Proxima Readers 4, Add Inbound Transaction Strip Printers 5 Add Aluminium Weather Cover for UA T A Subtotal Qty. (4) (4) 4 2 4 $5,463.00 D Additional Services 1. First Year System Support 2. Auto Scale Project Management & Installation Subtotal $8,280.00 $12,105.00 $20.385.00 E Miscellaneous Items 1. Proxima Cars per vehicles configured for Auto Scale 2. Printer Roll Tape F CMRS Option for Instantaneous Updates 1. Auto Scale 2000 Real Time Modules 2. Cefe Valenzuela Real Time Module 3. Elliott Real Time Module 4. CMRS Accounts Receivable Module 5. CMRS Accounts Payable Module Subtotal Qty 1 1 1 1 1 $13,771.00 $87.408.00 Item 3 TOTAL Change Order 8 Total $280,353.00 Qty. 250 2 Unit Cost $6.90 $34.50 Subtotal Total $1,725.00 $ 69.00 $1,794.00 \Mpr :)Jecf \ councI'exh,b,ts \exh5 J 86 c1wg i~: ~, \ NUECES "'f -~ ~~" '0<0 --~~ : !,-,''''~'~'~ ~- I 22;~ "~, ""'" --, '-- ~. G1o-4RO ~. ,," ~ ~~ - .~ -, I H J7 < .J ,) ---1 i I -+....~.~ ' '.-- , -, ,/' i~ N \~ I~ ;~ HWY 44 i .J ~ .c o a:: o u CO RO 1- r-- NUECES F,l.l, 665 ." If) o Q:: o '-' PROJECT # 5186 z < o 115 :::I a Z <( a:: 7' I -1 L, - '=c= AGNES ~I II ~I~--- 1 ~I ot~/ L--. ---- ,....-- ~'-- ..~.. -.----....--------. ::i ....: Ul 43 :(l~T-_n!....-~- i ~ --+-----1-- -----i o u <D <X) N f"t- ,F\4 2444 F.M. 18 F.M. 16 CEFE F. VALENZUELA MUNICIPAL LANDFILL F M. 14 LoeA TION MAP NOT TO SCALE: EXHIBIT "e" (construction of lift station, wireless communication tower, and scale software for financial interface with city's software) (Change Order No.8) CITY COUNCIL EXHIBIT ~ CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 06/27/2006 ~ CEFE F. VALENZUELA LANDFILL Cefe Valenzuela landfill Site Development Preliminary Project Budget June 27,2006 F\lNDS AVAilABLE: Public Health and Safety 2004 CIP Funds. Public Health and Safety 2005 CIP Funds. . Public Health and Safety 2006 CIP Funds Total. FUNDS REQUIRED: Construction Contract Change Orders 1 - 8 . Nueces Electric Coop J.e. Elliott Overfill Project Contingency (1 3%) QAlQC Testing Contra ct... Engineering Design/Permit (previously contracted). Transfer Station Design/Permit Construction Inspection Survey (in AlE contract) Engineering Project liaison Incidental Expenses (Printing, Advertising, etc ) TOTAL.. . .......... ... q.. . ........... .... ".. .......................... H\HOME\KEVINS\GEN\LANDF ILL \Jalenzuela\C08BudgetExhD .doc $ 2,000,000.00 $14,625,000.00 $ 2,395,000.00 $19,020,000.00 $14,875,294.00 $ 1,392,608.33 $ 336,278.17 $ 848,400.00 $ 196,540.00 $ 283,059.50 $ -0- $ 390,700.00 $ 647,120.00 $ -0- $ 22,000.00 $ 28,000.00 $19,020,000.00 EXHIBIT "0" Page 1 of 1 13 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: June 27. 2006 AGENDA ITEM: Motion authorizing the City Manager or his designee to purchase Alvarion WiMAX equipment, in the amount of $94,076.79, from Soence Applications International Corporation (SAIC) of San Diego, CA. Science Applications International Corporation is an approved Catalog Information System Vendor with the Texas Building and Procurement Commission (TBPC). This purchase will allow for the WiFi network backhaul where fiber optic cable is not available yet. ISSUE: The City is in the process of deploying a WiFi network community wide. The WiFi network must be connected to City Hall and other main aggregation points and backhaul to these points are normally provided over fiber optic cable. The WiMax deployment is required to provide backhaul to Padre Island, the western portion of Corpus Christi and a few other locations where there are gaps in fiber optic coverage. REQUIRED COUNCIL ACTION: City Council approval is required for expenditures over $25,000. PREVIOUS COUNCIL ACTION: 1. City Council approval of Ordinance No. 026166 on 3/8/05 appropriating $75,000 received from Intel Corporation for Digital City project support. 2. Cit) Council approval of Ordinance No. 026631 on 1/31/06 appropriating $51,226.53 from the Fund Balance Reserves in MIS Fund No. 5210 for Digital City project support. FUNDING: The project will be funded from Intel Corporation Digital City project support ($51,226.53) and the MIS Fund for Fiscal Year 2005-2006 ($42,850.26). CONCLUSION AND RECOMMENDATION: Staff recommends approval of the motion as presented. ~.P.a.-e~~. Ogilvie F. Gericke Director of MIS Attachments: Science Applications International Corporation proposal dated 31 May 2006 BACKGROUND INFORMATION A. On March 8, 2005 the City Council approved Ordinance NO. 026166 appropriating $75,000.00 received from Intel Corporation for project support to investigate the use of emergmg WiMA\ technology to expand the City's network beyond the reach of the deployed fiber optic infrastructure. a. During March 2005, $23,773.47 was expended to purchase Alvarion WiMAX 2004 equipment. b. The first successful WiMAX installation was completed during December 2005 extending the City network from the Holly Road Pump Station to the Flour Bluff Water Tower. Successful tests of IF Phones, SCAD A telemetry and \ideo proved this a viable, although more limited, alternative to fiber optic cable. B. On January 31, 2006 the City Council approved Ordinance 026631 appropriating $51,226.53 from the Fund Balance Reserves in MIS Fund No. 5210 for Digital City project support C. City Staff performed an analysis of the fiber optic network to support the city-wide WiFi network and developed the Alvarion WiMax equipment requirement to fill the current gaps Task Order No. 2005-6309-002 Name of Task Order Date of Task Order -.-- ~---- Termination Date of Task Order .~_._-- Estimated Period of Performance -- ._...._~..,.,,- Type of Task Order _.,_._---_...~_.._._" Total Price of Task Order ..~- -..---.., Billing Schedule/Payment Terms Statement of Work Acceptance Criteria Client Furnished Information Other Terms and Conditions i I Umitation of LiabilitY '1/31/2006 ~ From 5aemI 10 SGWcm- Basic Ordering Agreement for Professional Services Terms and Conditions Wireless Expansion Phase II .--.--..----...--------.-- May 31,2006 -..--..------- ,_._-_.~~- July 31, 2006 _.~ ----,-.,-- 2 months g-FTr~m Fixed Price 0 Time and Materials ---..---." ------------._--- $94,07679 ---'-_._.._._~_._--- Invoice upon shipment; payment terms net 30 days SAIC will provide the City of Corpus Christi with the following equipment: · 3 5.3 GHz Point-to-Point Base Units (Model # BU-B-28-5.3) 3 5.3 GHz Point-to-Point Remote Bridge Units (Model # RB-B- 28-5.3) 9 5.8 GHz Base Stations with Indoor Network Interface Card and 120 degree antenna (Model # AU-D-BS-5.8-120-VL) · 1 5.8 GHz Base Station with Stand Alone Indoor Network Interface Card and 120 degree antenna (Model # AU-D-SA-5.8- 120-VL) 3 Base Station Chassis Units (Model # BS-SH) 4 Chassis Power Supplies (Model # BS-PS-AC-VL) · 20 5.8 GHz, 54 Mbps Outdoor Subscriber Units (Model # SU-A- 5,8-54-BD-VL) · 20 ~ Ruggedized Power Supplies (Model # OPS-HD-AC) · All equipment will be shipped by "ground" freight to the following location: City of Corpus Christi Municipal Information Systems - Attention: Russ Young 1201 Leopard Street l' Cor us Christi, Texas 78401 Acceptance will be established upon receipt of equipment with related bills of lading .-----.-...-----.. ""-"-"'~'--_..,- Not applicable -+ ~-- The City of Corpus Christi will perform any required Site Surveys to confirm satisfactory line-of-sight conditions and confirm sufficient availability of clear spectrum. · The City of Corpus Christi will be solely responsible for site selection, site preparation and installation of all equipment to optimize connectivity, throughput and overall performance of all equipment · Antennas for any Point-to-Point links are not included. Further, only cables or connectors specifically listed in the Statement of Work section above will be provided. · The City of Corpus Christi is responsible for providing all required AC power to operate the equipment. · The City of Corpus Christi is responsible for providing any connectors required for the 54 Mbps Outdoor Subscriber Units and an re uired data cables to connect to the Tro os e ui ment. · Liability will be limited to the warranties provided by the manufacturer. SAIC will not be liable for any reduction in performance of the equipment resulting from, but not limited to, sIte selection, spectrum analysis, installation, site preparation, line- ()f-sight analysis or any other activi b the Ci of Cor us Christi. SAte Confidential Science Applications International Coqxxalion 10260 Campus Poinl Dr MS'H31 San DiegJ, CA 921211 lei.' 858.826.6000 I fax: 858826.55811 www.saic.com Page 1 14 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: June 27,2006 AGBNDA ITEM: Motion authorizing the City Manager, or his designee, to execute an agreement with the Corpus Christi Regional Economic Development Corporation (CCREDC) in the amount of $50,000 for Airport Business Development Services, effective July 1, 2006. ISSUE: The development of non-airline revenue is a priority for the Aviation Department. Business devetopment is a highly specialized profession requiring a combination of education, experience and contacts. The Aviation Department believes that CCREDC can assist Airport staff in the economic deYetopment needs of the Airport. REQUIRED COUNCIL ACTION: Council must approved all expenditures over $25,000.00 PREVIOUS COUNCIL ACTION: Dee 21, 2004 - Council authorized the City Manager, or his designee, to sign an agreement with the Corpus Christi Regional Economic Development Corporation (CCREDC) for Airport Business Development Services. FUNlMNG: Fundi1g is available in this year's Airport operating fund. CONCLUSION AND RECOMMENDATION: The Airport Board recommended approval of the contract at the June 14,2006 meeting. Staff recommends approval of the Motion as submitted. '" ~-~~ Dep ent Head Signature Attachments: CITY OF CORPUS CHRISTI CONTRACT FOR AIRPORT BUSINESS DEVELOPMENT SERVICES The City of Corpus Christi, Texas, hereinafter called "City", and the Corpus Christi Regional Economic Development Corporation, hereinafter called "EDC" or .Consultanr, hereby agree as follows: I. SERVICES TO BE PERfORMED The EDC hereby agrees, at Its own expense, to perform business development services necessary to research, contact, and present development proposals to businesses, firms, and other entities to commercially develop City owned Airport property. EOC also agrees to document the aforementioned efforts and provide a quarter1y briefing/report. This agreement is for one six month period beginning July 1, 2006. This agreement is supplemental to any existing agreements between the parties. II. SCOPE OF SERVICES EOC's services will be research, documentation, coordination with Airport and other City Staff as necessary, travel, preparation and delivery of presentations and participation in negotiations. The EDC, in the perfonnance of this contract, will exercise usual and customary professional care in EDC's efforts to comply with the applicable codes and regulations of City, State, Federal Aviation Administration and other Federal authorities having jurisdiction. A. BASIC SERVICES 1 The EDC will: a. develop, create and distribute marketing materials for Airport property for: i. retail; ii. commercial non-aviation; ii. warehousing/distribution center; iv. light manufacturing; v. international assembly factories; and vi. other compatible uses. b. consult on business park development;; and c. provide quarterly briefing/report on the EDC efforts reference this agreement. B. 1 The City will: a provide briefings and guidance on federal regulations relating to ai'portdevelopment, contracts, expenditures of airport monies and land use compatibility; b provide conference room(s), office space and related office equipmentfor EDC's use in Its agreement related efforts; c provide airport parking for EDC staff while actually involved in the furtherance of its efforts under this agreement; and d. participate in related negotiations, prepare contract documents and exhibits and process the agreement(s) through the Airport Board and City Council. m. FEESAUTHOR~D The City will pay the EDC a total not to exceed fee of $50,000.00. The total fee consists of a total fixed fee for basic services. This fee will be full and total compensation for all services provided and expenses Incurred (including of town travet, per-diem and air express charges) in performing the tasks specified as basic services specified in Section II. The City will pay to the EOC in advance for its services under this agreement. In Its report the EOC will provide detailed expense reports including the number of hours actually expended in the furtherance of this agreement. IV. TER~noN OF CONTRACT The City Manager may, at any time, with or without cause, terminate this contract upon seven days written notice to the EDC at the address specified below. If termination occurs prior to the final completion of all work contemplated by this contract, the EDC shall be paid a reaeonable compensation for the services actually rendered in accordance with the contract. The foregoing shall not be construed to require the City Manager to compensate the EDC any services not performed in a proper professional manner v. NOncE ADDRESS Correspondence conceming this contract shall be sent to the City and Consultant as follows: ~ Dave Hamrick Director of Aviation Corpus Christi International Airport 1000 International Drive Corpus Christi, Texas 78406-1801 361-289-0171 Fax: 361-289-0251 Economic DeveloDment COl'DOration: Roland C. Mower PresldentIC.E.O. CCREDC 800 Shoreline Dr., ##13005, Corpus Christi, TX 78401 361-882-7448 Fax: 361-882-9930 IX. ASSIGNABILITY The Consultant shall not assign, transfer or delegate any of its obligations or duties under this contract to any other pentOn without the prior written consent of the City. except for routine duties delegated to personnel of the Consultanfs sta<<. No part of the Consultant's fee may be assigned in advance of receipt by the Consultant without written consent of the City. The City shall not pay the fees of expert or technical assistance and consultants unless such employment, including the rate of compensation, has been approved in writing by the City. X. DISCLOSURE OF INTEREST In compliance with City of Corpus Christi Ordinance No. 17112, Consultant agrees to complete the City of Corpus Christi Disclosure of Interests form which is incorporated in the contract as Exhibit A. XII. INSURANCE The Consultant will submit to the Director of Aviation two (2) copies of certificates, with the City named as an additional inswed. showing the minimum coverage set forth in Exhibit B by an insurance company acceptable to the City. CITY OF CORPUS CHRISTI George K. Noe City Manager Date CO~lonal Devatopmant Corp. By: &-2 ,-~ Roland C. Mower Date PresldentlC.E.O. By: APPROVED AS TO FORM: ~~ WfIiIwJy E. n Aa_ C. Ilnrney ~,Zl-ao Date EXHIBIT A DISCLOSURE OF INTEREST STATEMENT City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with N/A. FIRM NAME: CDel<..tS C~~iC ~~ro,,~ ~O>>-t l-~ lA>>~~T Cf;"f()uh~ STREET: ElxJ;J. ~f-, /;/2. C;u'-~_ fW Lvxfu> elltaTl;7T "78'101 CITY: ~) ((/.,A~rr ,11 ZIP: --nroj FIRM is: Corporation_ 2. Partnership_ 3. Sole Owner 4.Association_ 5.Other'AlJrt-~~ DISCLOSURE QUESTIONS If addltional space is necessary, please use the reverse side of this page or attach separate sheet. 1.state the names of "each employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or mo.. of the ownership in the above named "tinn". Name Job TltIe end City Department (If known) 2.state the names of each "official" of the City of Corpus Christi having an ownership interest constituting 3% or more of the ownership in the above named finn. N~ ~~ 3.State the names of "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named firm. N.-ne Board, Commission or Committee 4.state the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named firm. N.-ne Consultant CERTIFICATE I cerlfy 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 Certfying Person (Type or Print) .~ D ( . ~ Title Sig...ture of Certifying Person: ~ Date: CCW (,-ZI-Q'p> EXHIBIT B INSURANCE REQUIREMENTS 1. EOC'S LIABILITY INSURANCE A. EDC must not commence work under this agreement until insurance required herein has been obtained and such insurance has been approved by the City. EDC must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been so obtained. B. EDC must fumish to the City's Risk Manager, 2 copies of Certificates of Insurance, with the City named as an additional insured for all liability policies, and a blanket waiver of subrogation on all applicable policies showing the following minimum coverage by insurance company(s) acceptable to the City's Risk Manager. MINIMUM INSURANCE COVERAGE . on, material Bodily Injury and Property Damage n and a 10- Per Occurrence Aggregate limit on for non- ired on all g: $1,000,000 COMBINED SINGLE LIMIT ns Hazard TYPE OF INSURANCE 3O-Day written Notice of Cancellati change, non-tenewal or terminatio day written notice of cancellati payment of premium is requ certificates Commercial General Liability includin 1. Commercial Form 2. Premises - Operations 3. Products I Completed Operatio 4. Contractual Liability 5. Broad Form Property Damage 6. Independent Contractors 7. Personal Injury B. In the event of accidents of any kind, the EDC must furnish the Risk Manager with copies of all reports of any accidents within (10) ten days of any accident. II. ADDITIONAL REQUIREMENTS A. Certificate of Insurance: · The City of Corpus Christi must be named as an additional insured on the liability coverage, and a blanket waiver of subrogation on all applicable policies. · 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 "left". · The name of the project must be listed under "Description of Operations". · At a minimum, a 3O-day written notice of cancellation, material change. non-renewal, or termination and a 10-day written notice of cancellation for non-payment or premium is required. C. If the Certificate of Insurance on its face does not show on its face the existence of the coverage required by items 1. B (1 )-(7) I an authorized representative of the insurance company must include a letter specifically stating whether items 1. B. (1 )-(7) are included or excluded 15 AGENDA MEMORANDUM June 27, 2006 AGENDA ITEM: Motion authorizing the City Manager to execute a Deferment Agreement with Southside Ventures, L.P., (Developer), in the amount $248,019.09 for public improvements including construction of water, wastewater, paving, and drainage improvements forFoxwoocl Estates Phase I, located south of Saratoga Boulevard and west of Evemart Road, in accordance with the Platting Ordinance section V-Required Improvements, Subsection A. 3.\t)), contingent upon receipt of letter of credit compliant with City requirements. I&SUE: Southside Ventures, L.P., developer of Foxwood Estates Phase I, submitted deferment agreement documentation to defer construction of water, wastewater, paving, and drainage iMprovements required of Foxwood Estates Phase I in accordance with the platting Ordinance, Section V-Required Improvements, Subsection A. 3. fb) by June 30, 2006. FEQUIRED COUNCIL ACTION: Council authorization for the City Manager to enter into a deferment agreement with Southside Ventures, L.P., (Developer). CONDITION: Developer must post a letter of credit or equally liquid negotiable security with the City in the amount of 110% of the cost of the improvements, and comply with all other requirements of the Deferment Agreement. FECOMMENDATION: Staff recommends approval of the motion as presented. fiuf;;J IV 4~1I ~el N. Gunning, A.I.C.P (j Acting Director of Development Services ~ ~-I-" 2'?_~ ncesTeniente, P.E. nt Director of Development Services Attachments: Exhibit A Exhibit 8 Exhibit C Exhibit 0 Exhibit E Exhibit F Background Information Location Map Water, Wastewater, Paving, and Drainage Improvements Cost Estimate Copy of Letter of Credit Deferment Agreement AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION BACKGROUND: The development time schedule and the platting of Foxwood Estates Phaae I (exhibit B) required the developer to construct public improvements for Foxwood Ettates Phase I. The deferred public improvements include the construction of water, wastewater, paving, and drainage public improvements (exhibit C). Construction plans for the public improvements were submitted and approved by the Development Services Department. The Planning Commission, at its June 14, 2006 meeting, recommended the execution of the Deferment Agreement and found reasonable cause to delay the required public improvements to expedite the recordation of the plat by the Developer's time schedule. The Developer agreed to deposit $248,019.09 in the form of a letter of Credit (exhibit E). This amount is 110% of the estimated cost of constructing the required improvements, (Exhibit D) in compliance with the Platting Ordinance Section V- Required Improvements, Subsection A 3. b). A deferment agreement, (Exhibit F) between the City of Corpus Christi and Southside Ventures, L. P. allows the Developer to defer the construction of the required improvements with the exception of the water and wastewater, which is required to be 75% complete for a period of up to one (1) year from the date the deferment agreement is signed and approved. The deferment of improvements will allow the Developer to expedite the recording of the plat and obtain building permits to develop Foxwood Estates Phase I. Exhibit A [GUNTR) CLUB ESTATES COUNTRY CLUB ESTATES UNIT 21 UN IT 26 VOL. 41, PC. 1 G 1 VOlt.. 38f' (~~47 \4 .' MAP REC~RDS \( M PRO D ' '...' I Ii, ,.;COUNTRY CLUB ESTATES ',,' , . -' ~/ l UN I T 22 , ' ;-TIT SNEAODRT;--'-- VOL. 4b. PC. 7 &. 8/ L. . -. __L.--L,.L-L. .L...L..L-!....__L_LJ_~ .. . MA PRE COR D S ~J2Jd!iTRY CL US 0 ITCH ) --------. \ ~ >>\ !SNDWGDDSE RDAD ~; I- ._-~ ',--' --- .-.-----.-... :) WSON.. EU.....MENTA..RYSCHOO~ WILLOWICK PLACE ~!N IT/.' I VLL. 58. PC. .19 ! MAP RECORDS ! T'TTTTPT~T' / . ..J.U~J ',/' -.., >-' ...--., ___ i ;~~7~~q-t1~!=m 8 r- '.. '-u1]. JllUlli.m t== ,LICILQJEJU!D]--T1\':'l~___ '_'_. /~ '. -l.__..........!AL'[S~DR. _L--,~ .r l (JT 20. BLOO 1 .J.) iT J WiLLOW1CI< PLAC.[ .~.:r--- I!m. <19. PC. . q I;:) " WAPENTA T[ OR. MAP RE CORDS . .~ WILLUWICK ~LACE (~' \ ()i. 49. PC. 1 23 [. 1 2. MA~ RECORD~ ,. Cc. ~ ~ ;' <...: c. r-- LCJCATION MAP Foxwood Estates Phase I Exhibit B Page 1 of 1 LOT , BLOCK 1 I I I j ! I \ \ o 50 P""'I-- - - Hi)O -'-- r ' - --- ---- i GRAND JUNCTION DR PROPOSEO ?62 X 10 1 OIA. PVC SANITARY SEWER SNO WGOOSE ROA D :>... I Q:/ ~1.o.J ".... ~~ :>... ~~ ~ ,'ct: SITE ~ ~ ~~ - /~ I:;Zi . ~ I ~~ Ii 9: ~/ .,. t:( 5 L 0.1 1 ~ .,. . i BL OCK 2 'oq: ~ - I I ~ I -,' I ,/1::) I - 'oq: -~ I I ~tt: Ql) I ~ '" ~ \() Ql)~ l:::\. I ~ ~)... '~", I 0\ :-=t ' t:i I ,,'" /9: ~.- Q,: I ~ I ~~ I lOT 2 ~~ I I BLOCK 2 ~~ I I I 9:: " l Cl: I Iso ~ SIR ,III I PROPOSED-SANI TAny I r sEWER MANHOL E I wi I '" :!i i LOT 3 '" . BLOCK 2 ~ i L ~ Exhibit C II Page 1 of 6 DEFERRED SANITARY SEWER FOXWOOD ESTATES PHASE I. CORPUS CHRISTI. TEXAS - PROPOSEO FIRE d"O"GOOSE ROAD EXISTING FIRE HYDRANT ~ I ~ ~ I ::: I ~ --- I ~ ~ I ~. I r.:i ~, ~ E;!S~G--1 ~ ' FIRE HYDRANT I ----I I / I PROPOSED 1022' X8* pJ/C WA TfR' L lNt lOT .' ~lOcK ; SITE LOT' BLOCK 2 LOT 2 BLOCK 2 (lo ~ ~. 10:0.. LO! 3 aLOCK 2 ~ ~ ~ ~ Q:: o 50 100 P'ot.....- \~ A~\ 200 I w Z ..j ex: w I- ~ . N ... I I I ----' I I I I I I I EX 1ST ING , FIRE HYDRANT I I I I I I ---- I I ,,-- -- II Exhibit c II Page 2 of 6 DEFERRED WATER LINE FOXWOOD ESTATES PHASE I. r.nRPUS CHRISTI. TEXAS ---- PROPOSED 85' X 30" RCP STORM SEWER jPROPOSED JUNCTION BOX PROPOSED 125 I X 30 II RCP S TORA! SEWER -~ PROPOSED JUNtTION- BOX ~ <:;) LOT 1 ""I c:c ~~ BL OCK 1 ' ~ ~...' ~~ l::::l~ ......V) ~c{ ~~, ~ PROPfJSED CURB INLEl [ GRAND JUNCTION DR. PROPOSED eUR8/INttT SITE ~/ ~' ~ ~ ~ ~ V) ~ ct:: LOT' BLOCK 2 :::: " ~ ~ .~ LOT 2 BL OCK 2 , Il"'I ~ .' ~ ~ ~ ct:. Q.:. L01 3 BLOCK 2' \ \ ~-...iO 1 qo PROPOSED 52 I X 24 1/ RCP STORM SEtfER SNOWGOOSE ROAD ~ ~ C ~ e... ~ ~ ::x:: ~ ~ C:a::l I I \ I ----1 ___J I I :Ll:. -II Exhibit c r Pace 3 of 6 D~~ERRED STORM SEWER FOXWOOD ESTATES PHASE I. CORPUS CHRISTI. TEXAS ~ /0 o ><: t- u o 0 ...J ...J ([J .-/ L:::l 'l:l'; C) ~ ~ C) C) '=' ~ C) ~ \. " GJ'ON .lNJ'HN3A3 -, Q:J ~ I....l -~ ~ '-' '<:{ CO CJ lu ~ ~ Q: Q co ct " :::) ~ ~ ~ "<:{ c:a CJ lu V) Q Q.' Cj Q:i - Q: ~ Q.. ~ \ C> E::: C,J ~ ""':l ~ ~ ~ '''--- V') <l X l&J .- >-V) <llaJ ~I- 0<( . <(1-.- OV)-.- a::laJ V) laJ_ o o V') a:: l.LJ0<(:J: a::OJ:U a::~Q.. laJX V') lL.O :J laJ- Q.. aLL a:: o u x: t;-" u o 0 ...J ...J CD N W I- - If) 1\ E~hibit C 1\ Page 4 of 6 --,- - - ~ ~ ~ ..., ~ ~ <.:> .. cl ..:: ,.; 31 'i" ~ ~ ~ . 'i" <:> .., i 9f -+- e i .j "', -I ;,'~e . "... :e~ ;;t ~~ ~~R 9~~.... - ~...."", ~~I~ ,~...~ l I ":p:I1_ _ e ee ----.t-.- ~I ~I ~I JI ~ I ! ~t . 'T ";.... .... ~ <..3 ~ c ~ ~~ !~ :::'Vi .... ~ ; i ~ I ~ ;1 ~ ~ ~ C:! Vi e . 'e> S e .11 ~ "" ... ~ ...,... ~~ <.;>.... 'tJ.ll .6 e ee J"' J:~ . ~ 'T.. l!: ... 0""'- 0, VI - . ---.i _ _ - 3Nf7 "'O't! l'-I_ 0::0:: ==>0 .-...... Uv ==>l'-I ~-J Vlc5 Ov l'-I-J Q)-q: 0_ "<l.... o~ 0::"" Q)~ l'-IVI Ql'-I >-0:: .-.~ ~II: ...~ ~~ ....I..I~ ~!t" :t"" . 11\ ... ...~~:;: - ~.... ~ Ill~ ~ ~"""l t\ QlII:- ~~~\I\ ~ ~~~ .... 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N :L I- U 00 ....J ....J III W I- - If) II Exhibit C II Page 6 of 6 BALUSEK-FRANKSON ENGINEERS-SURVEYORS 308 E. GOODWIN A VENUE VICTORIA, TEXAS 77901 PHONE (361) 578-9956 FAX (361) 573-6991 June 7, 2006 Ms. Mary Frances Teniente. P.E Development Services City of Corpus Christi PO Box 9277 Corpus Christi. Texas 78469 RE: Job No. 05-310 F oxwood Estates Phase 1 (Revised 6-7-06) Dear Ms. Teniente Summarized below is an estimate to construct Foxwood Estates, Phase 1. This estimate is intended for use in preparing a Deferred Agreement so the Final Plat at Foxwood Estates, Phase I can be recorded before all of the project infrastructure is in place. WASTEWATER COLLECTION SYSTEM DESCIl.IPTION UNIT QUANTITY PRlCE AMOUNT Connect 8" sanitary Ime Ea $ 5,500.00 $ 5.500.00 to existing manhole 8" Sanitary sewer Ime L.F 479 $ 20.00 $ 9.580.00 (Less than 8' deep) 10" Sanitary sewer line LF 330. $ 48.58 $ 16.005.00 (14' - 16' deep) Class D Embedment L.F 809 $ 4.80 $ 3.883.20 (all depths) Sanitary sewer manhole Ea. 1. $ 2,835.00 $ 2.835.00 (less than 8' deep) Sanitary sewer manhole Ea. $ 4,900.00 $ 4,900.00 (14' - 16' deep) Short single sanitary sewer Ea. " $ 475.00 $ 1 ,425.00 , serVlce. II Exhibit 0 II 0" Ofoxeslqtyphase 1< 6. 7 -(J(,m1ranc I sj Page 1 of 4 Job No. 05-310 Foxwood Estates Phase I Corpus ehnstl. Texas Page 2 DESCRIPTION Long single 6" samtary sewer ~erVlce. Trench Safety UNIT QUANTITY Ea L } 80Q WATER DISTRIBUTION SYSTEM DESCRIPTION R" - 8" Tappmg sleeve & valve S" dia, water Ime. 8" X 8" X 6" Tee FItting, 5" Gate Valve & Fire Hydranl Assembly. 8" X 8" X 8" Tee Fitting 8" Gate Valve '} est Riser Assembh STREET & DRAINAGE DESCRJPTION Demolition Mobilization Traffic control Excavation (,; Oloxestqlyphasei,6-7-\lhl1;,rami,i UNIT QUANTITY PRI CE AMOUNT i_~75.00 $ 575.00 $ 1.00 $ 809.00 Sub- Total $ 45.512.20 PRICE AMOUNT Ea $ 335.00 $ 335.00 Ea 5 $ 845.00 $ 4,225.00 Ea L- 335.00 $ 335.00 Sub- Total $ 53.444.60 Fa L.F 2.018 Ea UNIT QUANTITY 1 S S L S ( \ 3.35" $ 3.065.00 $ 3.065.00 L-_ 19.70 $ 39.754.60 "'\ $ 2.865.00 $ 5.730.00 PRI CE AMOUNT $___ 3.500.00 $ 3.500.00 $ 2.500.00 $ 2.500.00 $ 3.000.00 $ 3.000.00 $ 2.60 $ 8.723.00 Sub-Total $ 17.723.00 II Exhibit 0 II Page 2 of 4 Job No. 05-310 Foxwood Estates Phase I Corpus Christi. Texas Page .~ TYPE B ROADBED STRUCTURE (RESIDENTIAL COLLECTOR) DESCRIPTION UNIT QUANTITY PRICE AMOUNT Curb & Gutter L.F 689. $ 9.50 $ 6.545.50 ----- Sidewalk SF 2.834 $ 3.50 $ 9,919.00 ---."----- 8" Lime treated subgrade SY 1,962 $ 3.50 $ 6.867.00 -----'-..- (5% lime based on matenal weight of 100 Ibs/cf (measured lip to lip of gutter) 9" Lime treated subgrade S.Y 306 $ 4.25 $ 1 ,300.50 ~.,~- (5% lime based on material weight of 100 lbs/cf (measured lip of gutter to 2' behind curb) 6" Thick Flexible base material S.Y 1.962. $ 8.30 $ 16,284.60 (measured lip to lip of gutter) Prime Coat SY 1.962. $ 0.75 $ 1.471.50 Hot Mix Asphaltic Concrete SY 1.962 $ 8.50 $ 16,677.00 --.----" Pavement (2" thick! (min. 220 Ibs/sy) Sub- Total $ 59,065.1 0 DRAINAGE DESCRIPTION UNIT QUANTITY PRICE AMOUNT Type A Curb Inlet. Ea } $ 1 ,925.00 $ 3,850.00 -. Type A Junction Box Ea. 2. $ 3.125.00 $ 6,250.00 Pipe end protection (Filter Ea $ 350.00 $ 350.00 Cloth & Rock) II Exhibit 0 II Paqe 3 of 4 0531 Ufoxeslqtyphasel(6 7.06l11tranm Job No. 05-310 Foxwood Estates Phase I Corpus Christi. Texas Page 4 DESCIUPTION UNIT 24" RCP Stom1 seVier (Class Ill) I .F 30" RCP Storm sewer (Class III) 1 ] QUANTITY Please advise if additional mfamation is desIred. Sincerely yours. cZ,d ~~- A C Frank n Registered ProfeSSIOnal Engineer Texas RegistratIon No. 22861 05' ] OfnxestqtyphaseJ! 6 7 -(16111Ir311'ol 527 414 PRICE L__ 35.00 L_48.00 Sub-Total AMOUNT $ 18,445.00 $ 20,832.00 $ 49,727.00 Total Construction $ 225,471.90 ($225,471.90)(10%) $ 22.547.19 Grand Total -"""'- --E OF 'T~ '\\ -~~ ........:tf.... .. .::' 10 .... * ......:>. .t ....*.. '". it , ,,* ,. '". 'I~ i!: .. r. ~.......................\... ~ ~ A. C. FRANKSON ~ ~..;_........_....._..-:..~ 'J"O". 22861 .~9;' , ~'. ~ ~f').'~'" , ,.o~":f.G IST€.~~'~..:' .\ ~lS'8.......V:.~(':j: \'....!ON"\. __- .. ..,,-,-, $ 248,019.09 II Exhibit 0 II Page 4 of 4 @FmsTNKrrONALB~ First National Bank 1434 SPort Corpus Christi, Texas 7R405 Irrevocable Letter of Credit No: 062306 June 22, 2006 8ENEFICIAR Y: City of Corpus Christi POBox 9277 Corpus Christi, Texas 78469-9277 Atm: Director of Engineering Services CUSTOMER: Southside Ventures, L.P. 5749 La Costa Corpus Christi, Texas 78414 Attn: Patrick H Nolan AMOUNT: $248,019.09 EXPIRATION: 6-22-2007 Gentlemen: We hereby establish our irrevocable letter of credit in favor of the City of Corpus Christi for the account of Southside Ventures, LP, acting by and through Patrick H Nolan and Daniel E Caballero, authorizing Beneficiary to draw on First National Bank, Corpus Christi the amount of Two hundred forty eight thousand nineteen dollars and 09/cents ($248,019.09), under Beneficiary's draft bearing the clause "Drawn under First National Bank Irrevocable Letter of Credit No. 062306, dated June 22, 2006" and accompanied by all of the following documents: (1) The original of this Letter of Credit, and (2) The sworn affidavit of the City of Corpus Christi's City Manager, or his designee, stating the authority of the affiant to make the affidavit on behalf of Beneficiary and further stating as follows: "That Southside Ventures, LP has not installed the required Improvements or vacated the plat of Southside Ventures, LP 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 Letter of Credit. I Exhibit E i This Irrevocable Letter of Credlt is not transferable Issuer hereby agrees with Beneficiary that upon presentment on or before 5 o'clock p.m., Corpus Christi, Texas, local time no later than June 22, 2007, that drafts drawn under and in compliance with the terms of this Irrevocable Letter of Credit, Issuer will duly honor this Irrevocable Letter of Credit. This Irrevocable Letter of Credit is guaranteed for one year from date of issuance, it must be automatically extended for additional periods of one year, and at one year intervals thereafter, until June 22, 2007, unless, at least 90 days prior to June 22, 2007, Beneficiary's City Manager notifies Issuer in writing by Certified Mail at the above address that Beneficiary has elected not to renew. Issuer shall send notice of the automatic extension to the City's Director of Engineering Services thirty (30) day prior to expiration of the then current Irrevocable Letter of Credit. Failure to receive the automatic extension or a substitute Irrevocable Letter of Credit 30 days prior to expiration of the then current Irrevocable Letter of Credit constitutes a default upon which the then current Irrevocable Letter of Credit may be called in its entirety, even though not stated above as a specific event of default. 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 Letter of Credit is referred to or to which this Irrevocable Letter of Credit relates, any such reference is not deemed to incorporate herein by reference any document, instrument, or agreement Issuer is not a party to, or bound by the terms of any agreement between Beneficiary and Customer Furthermore, Issuer shall honor this Letter of Credit without inquinng into the truth of the statements made in the sworn affidavit of Beneficiary which statements will be considered by Issuer to be determinative, conclusive and final. This Irrevocable Letter of Credit WIll be governed by the provisions of the Uniform Customs and practIce for Documentary Credits (1994) Revision, International Chamber of Commerce Publication No. 500 to the extent not inconsistent with the laws of the State of Texas and more particularly with the provIsions of Chapter 5 of the Texas Business and Commerce Code l:urrently in effect. Sincerely First National Bank ~~~~L~,.."~ r By: Steve R Rodnguez ~ (j Branch President DEFERMENT AGREEMENT STATE OF TEXAS ~ ~ COUNTY OF NUECES ~ This Agreement is entered into between the City of Corpus Christi, Texas, a Texas home rule municipality, (hereinafter "City") and Southside Ventures, L.P., a Texas limited partnership, (hereinafter "Developer"), and pertains to deferral of the required completion of certain improvements required prior to filing the final plat of Foxwood Estates Phase I (the "plat"), which was approved by the Planning Commission on March 8, 2006. A copy of the plat is attached and incorporated as Exhibit 1. WHEREAS, the Developer is obligated under Section III, Paragraph H, Subparagraph 5, of the Platting Ordinance to construct seventy-five percent (75%) of the required improvements, before the final plat is endorsed by the City's Director of Engineering Services. Detail construction drawings must be provided by the Developer and approved by the City's Departments of Development Services and Engineering prior to the start of construction; WHEREAS, the Developer is seeking to defer, for a period up to one year, the construction of the water, wastewater, paving, and drainage improvements (hereinafter the "deferred improvements"), as shown in Exhibit 2, as required by the City's Platting Ordinance; 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 required improvements as required by Section III, Paragraph H, Subparagraph 5, of the Platting Ordinance; WHEREAS, the Developer will deposit, with the City of Corpus Christi, a letter of credit, drawn on a bank with offices in Corpus Christi, Texas, in the amount of Two Hundred Forty-eight Thousand Nineteen Dollars and 09/100 ($248,019.09), representing 110% of the estimated cost of constructing the deferred improvements, all as shown on the attached cost estimate, which is attached and incorporated as Exhibit 3; 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; WHEREAS, the Developer is entering into this Deferment Agreement as required by Section V, Paragraph A, Subparagraph 3. b) of the Platting Ordinance; NOW, THEREFORE, for the consideration set forth hereinafter, the City and Developer agree as follows: Exhibit F Page 1 of 6 1. Upon Developer's 75% completion of operable water and wastewater to serve each lot within the development, the City shall waive the requirement that construction of the deferred improvements be completed before the final plat is endorsed by the City's Director of Engineering Services and filed for record with the County Clerk of Nueces County and further agrees to allow the Developer to defer construction of the deferred improvements as shown in Exhibit 2, for up to one (1) year from the date of this Deferment Agreement. 2 The Developer shall deposit, with the City of Corpus Christi, a letter of credit, drawn on a bank with offices in Corpus Christi, Texas, in the amount of Two Hundred Forty-eight Thousand Nineteen Dollars and 09/100 ($248,019.09) as shown in Exhibit 4, before the Agreement is approved by Council, for 110% of the estimated cost of constructing the deferred improvements. 3 The Developer shall construct the deferred improvements, in accordance with the City's engineering standards in effect at the time of construction. 4. Upon completion of the deferred improvements within one (1) year from the date of this Agreement, or later time as may be mutually agreed upon, in writing, by both parties, and upon acceptance of the deferred improvements by the City Engineer and upon compliance by the Developer with the remaining terms of the Deferment Agreement, the City Engineer shall: a. Immediately release Developer from the obligations to construct the deferred improvements by mailing a Release Letter to: Southside Ventures, L.P 6001 Holly Road Corpus Christi, TX 78412 b. Return to the Developer within sixty (60) days of the completion of the construction of the deferred improvements and settlement of the construction costs, any balance remaining of all monies received by the City from the Developer, including any interest earned. 5. If the deferred improvements have not been completed within one (1) year from the date of this Agreement, 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 and transfer the money received, including any interest earned, to the appropriate City fund and the City may begin completion of the construction of the deferred improvements with any monies received from the Developer, both principal and interest, remaining after completion of construction being refunded by the City to the Developer. If City constructs all or any part of the required improvements, the Developer shall reimburse the City for any additional cost of the deferred improvements, if the sum of money and interest prove inadequate to complete Page 2 of 6 deferred improvements within thirty (30) days after City completes the required improvements 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 completion of the construction of the deferred improvements, any 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 Deferment Agreement, the City Engineer will send the 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 receipt of the notice and opportunity to cure, the City Engineer may 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 the Developer, within sixty (60) days of the completion of construction of the water, wastewater, paving, and drainage public improvements and settlement of construction contracts. 8 The City reserves the right not to issue Certificates of Occupancy for this development until the deferred improvements are installed and accepted by the Director of Engineering Services Department. 9 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. 10. The Developer covenants to construct the deferred improvements, and that this covenant shall be a covenant running with the land. 11. The City's Director of Engineering Services, at Developer's expense, shall file of record this Deferment Agreement in the records of Nueces County. 12. No party may assign this Deferment Agreement or any rights under this Agreement without the prior written approval of the other party. 13. Unless otherwise stated herein, any notice required or permitted to be given hereunder shall be in writing and may be given by personal deliv~ry, 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 above the signature of the party. Any party may, by notice to the other in accord Page 3 of 6 with the provisions of this paragraph, specify a different address or addressee for notice purposes. 14. This Agreement shall be construed under and in accord with the laws of the State of Texas and all obligations of the parties created hereunder are performable in Nueces County, Texas, and all lawsuits pursuant hereto shall be brought in Nueces County. 15. The Developer further agrees, in compliance with the City of Corpus Christi Ordinance No 17113, to complete, as part of this Agreement, the Disclosure of Ownership interests form attached to this Agreement as Exhibit 5. 16 This Agreement shall be executed in triplicate, all original copies of which shall be considered one instrument. When all original copies have been executed by the City, and at least two original copies have been executed by the Developer, this Agreement shall become effective and binding upon and shall inure to the benefits of the parties and their respective heirs, successors and assigns. Page 4 of6 EXECUTED in triplicate this 11 day of J () V\ e-.- ,2006. By Southside Ventures, L.P. 6001 Holly Road CO~A7tii112 PDG Management, L.L.C., General Partner, Patrick H. Nolan, Member THE STATE OF Texas ~ ~ COUNTY OF NJ l!.C e~ ~ .::J v t'\ t: 1- 2- This instrument was acknowledged before me on , 2006, by Patrick Nolan, Member of PDG Management, L.L.C., General Partner of Southside Ventures, L.P. ~\\\\\\\I\\1I1"1 ""/1/1//// ~~\\\\ ~ 'i M f ^ ~III~~ ~~ _,,\I'- ..........:ry. ~ ~ ~~.... tt."f PlJ .... % ~ .' ....*.. li('. ~ I / ~ ,,"\ \ i :.ft ~: 2 .. ',v;.. "'::: \ '~.. ~+. "= ... 'l: 01' " .: j; " .....!>xP.~f:~...~ # , 0 ........ C} \ ~ ~+,"Il ~ - I 7. 'to \\\\\\~~ 'IlflftH'H" "'\\\,\\\\\ Page 5 of6 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 APPROVED AS TO FORM: This ~~ day of ~vnc..- ,2006. Ga . Smith, Assistant City Attorney For the City Attorney 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 the corporation. Notary Public, State Of Texas Page 6 of6 ,; ~'.~t'f , I" J 'n$ 'S"-'H ! Itr J : JNONd ~. ~ ~ .;; T r ;ot~i srx3J -YliIOJ.:J;l ! ..... N/JlOOtY.! '1'01 , . 51/0;. JAlJf1S $' SIJ]]NI9N3 ~ l ~ ! . S3J'" :JOSS" NOSNNr~s-N3sn7r8 ~ ";)NI F J~~,c -~Gl"'-~T; ~ <.~ ~; ! - i "h'. ~~.. ii~'E' I ~.~..~ ~~~!~ \~;_::ti i r;l~~" tl@~fu ~ ~.~~ .'~'ii1 i.,81=-=' ~l ~_;.! c ~ 1!.. ., ,~+- .-.~., l lif.1r-:: J.. ,'-' *-_ J.~ _~ i I. "'"; ; =:J.~~'~i' ~:=-I--- ~c'''' 8 :1 ;/~~~ #~:- - r :i 2 '" eS....c .-li; t!"" 1~~lS n!~ ~t!~i _ i! tSe~ ~ -. -- ~-;~\;~; =: ~.i r.. i..;~ .. ; , , 8. ~! ~l ~i. ~o- "!III Z ~~_~~f wi ~ ~;:d!~ !:; -:;! .-!~-~ "~,..~:r t ~ - ~- '," ~ w ~ ~ : . '" - . s U ~ 0 '" ... -' ., ... <D ~ .. 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"" <> I ~ w ~ z ---- PROPOSED 262 X 10 LOT , BLOCK 1 GRAND JUNCTION DR PVC SAN! JARY SEWER SITE LO.T 1 BLOCK 2 lOT 2 BLOCK 2 ~/ .~ ~l.a.J at -.~ ~ ~~ k ~~ ..~ l:::l . ~~ ./~ ~~., ~ .~4J .' 9::;'" ~ . ""- ~. -.. tl. "'t ;;S.~ lit ~ ~ Q:)~ .~~ ~~'9::; ~.~ CL ~~. ~~ ~~ ~ PROPOSED. SAN! TARt SEWER MANHOLE LOT 3 BLOCK 2 I I I J ! I . "'t -. <::! ",' .<:::> '"- I:~ I ~ I E... I a:: I ~ ! ~ 5 :::.. V> ~ - .... I I I I I I I I I \ h= I iii I ~ V> ~ VI - .... \ '-'\ ~_...lO 1 qo SNOWGOOSE ROAD ~ Exhibit 211 Page 1 of 6 DEFERRED SANITARY SEWER FOXWOOD ESTATES PHASE I. CORPUS CHRISTI. TEXAS .~ co \() <::) ~ .~.. PROPOSED FIRE / - -_/ , .' I PROPOSED 1022' X8 II PVC tfA JEfl'UNt lor) ~ltlct( I SITE ~' .,.;.., -.{ ~. 'I.;; ~ / ~, 1,\., ,,~ ~ lOT 1 8L ocr. 2 LOT 2 eu)cr; 2 ... , /~ , Itl. I.<J ~, ~ 2 C( l{)Y 3 8lOCK'2 o SO 100 ,,-- -- \, 200 \ I w Z -' a:: w to- e( . N ... s. orrGOOSE ROAD EX I STINe; FIRE HYDRANT ~ I c Ii -- I ~ I I ~ E-;!s~C-~1 ... FIRE HYDRANT ----I I 1 I I ----' I I I I I I I EX 1ST ING , FIRE HYDRANT I I I I I I ---- I 1,----- II Exhibit 2 II Page 2 of 6 DEFERRED WATER LINE FQXWOQD ESTATES PHASE I. rnRPIIS CHRISTI. TEXAS --.,-....- -- PROPOSED JUNe T ION j~ PROPOSED 85 I x 30" RCP STORM SEIER PROPOSED f 25 I x 30" RCP STORM SEWER PROPOSED JUNer I ON- BDX . It C:) LOT 1 ~.~ BL OCK 1 ~~~ ~~ !<5 ~~.. ~.~ ~~. ~ PROPUSEO CURB INL [,1 I~ . GRA. ND J/,fNC;T1O:N PRo ~ / / ./ / / " PROPOSEoeUR8/INttr SITE ti,/ ~ ~ ~ ~ V) ~ ct:: :l::// <q- . f\,. .~ LOT 1 BLOCK 2 LOT 2 BLOCK 2 , \4"') ~ / / .~ .. ~ ~' a: LOT 3 BLOCK 2 \ \ ~__~o '90 PROPOSED 52 I X 24 N Rep STORM SEttER SNO H'GOOSE ROA D ~ ~ c Q:: ~ Q:: ~ ~ :::.. ~ I I I \ -i J I I If. '1 II~ibit 2 II ':- Paqe 3 of 6 O~~ERREO STORM SEWER FOXWOOD ESTATES PHASE I. CORPUS CHR 1 S T I. 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Development Services City of Corpus Christi PO Box 9277 Corpus Christi, Texas 78469 Dear Ms. Teniente BALUSEK-FRANKSON ENGINEERS-SURVEYORS 308 E. GOODWIN A VENUE VICTORIA, TEXAS 77901 PHONE (36]) 578-9956 FAX (36]) 573-699] RE: Job No. 05-310 Foxwood Estates Phase I (Revised 6-7-06) Summarized below is an estimate to construct Foxwood Estates, Phase 1. This estimate is intended for use in preparing a Deferred Agreement so the Final Plat at Foxwood Estates, Phas€ I can be recorded before all of the project infrastructure is in place. W AS1'EW A TER COLLECTION SYSTEM DESCRIPTION Connect 8" sanitary line to existing manhole 8!1 Sanitary sewer line (Less than 8' deep) ] 0" Sanitary sewer lme (l4' - 16' deep) Class D Embedment (all depths) Sanitary sewer manhole (less tlaan 8' deep) Sanitary sewer manhole (14' - 16' deep) Short single sanitary sewer servIce. I f\-fn....p.(;t...,tvnh~(;pit' f.,. 7 --f){,n ,fr~n(l:';! UNIT PRI CE QUANTITY Ea $ 5,500.00 1. L.F $ 20.00 479. L.f $ 48.58 330. LF. 809. $ 4.80 Ea. $ 2,835.00 ] Ea $ 4,900.00 Ea. $ 475.00 " '. AMOUNT $ 5500.00 $ 9580.00 $ 16,005.00 $ 3,883.20 $ 2,835.00 $ 4.900.00 $ 1,425.00 II Exhibit 3 II Paae 1 of 4 Job No. 05-310 Foxwood Estates Phase I Corpus Chnstl, Texas Page 2 DESCRIPTION Long single 6" samtarv sewer service. Trench Safety UNIT QUANTITY PRlCE AMOUNT Eo $ 575.00 $ 575.00 LF 809 $ $ 809.00 1.00 Sub-Total $ 45.512.20 W A 'fER DISTRIBUTION SYSTEM DESCRIPTION 8"- 8" Tapping sleeve & valve 8" dia. water line 8" X 8" X 6" Tee FJttmg, 5" Gate Valve & Fire Hydrant Assembly 8" X 8" X 8" Tee FIttmg 8" Gate Valve lest Riser Assembly ,[[BJET & DRAINAGE DESCRIPTION Demolition MobilizatIOn Traffic control Excavation PRICE AMOUNT UNIT QUANTITY E.a. $ 3,065.00 $ 3.065.00 $ 39.754.60 $ 5.730.00 LF 2.018 L-._ 19.70 Ea. 1 i.. $ 2,865.00 Ea. $ 335.00 $ 335.00 E'l 5 L_. 845.00 $ 4.225.00 Ed I. L_. 335.00 $ 335.00 Sub-Total $ 53.444.60 UNIT QUANTITY PRlCE AMOUNT $ 3,500.00 $ 3.500.00 $ 2,500.00 $ 2.500.00 $ 3,000.00 $ 3,000.00 $ 2.60 $ 8.723.00 Sub-Total $ 17,723.00 II Exhibit 3 II Page 2 of 4 1 "- L... . L~ L.S 1. (' '-' " I 3.355 Job No. 05-310 Foxwood Estates Phase I Corpus ChristL Texas Page 3 TYPE B ROADBED STRUCTURE (RESIDENTIAL COLLECTOR) DESCRIPTION UNIT QUANTITY PRICE AMOUNT Curb & Gutter LF 689 $ 9.50 $ 6.545.50 Sidewalk SF 2,834. $ 3.50 $ 9,919.00 ------ 8" Lime treated subgrade SY 1,962. $ 3.50 $ 6,867.00 ------ (5% lime based on material weight of 100 lbs/cf (measlRd lip to lip of gutter) 9" Lime treated subgrade S.Y 306. $ 4.25 $ 1 JOO.50 (5% lime based on material weight of 100 lbs/cf (measured lip of gutter to 2' behind curb) 6" Thi~k Flexible base material S.Y 1,962. $ 8.30 $ 16.284.60 --- {measured lip to lip of gutter) Prime Coat S.Y 1,962. $ 0.75 $ 1,471.50 Hot Mix Asphaltic Concrete SY 1,962 $ 8.50 $ 16,677.00 Pavement (2" thick) (min. 220 IbsISY) Sub-Total $ 59,065.10 DRAINAGE DESCRIPTJON Type A Curb Inlet Type A Junction Box Pipe end protection (Filter Cloth & Rock) "": '., i ._ ~-"".- " Job No. 05-310 Foxwood Estates Phase I Corpus COOstl, Texas Page 4 DESCRIPTION lINIT 24" RCP Storm sewer (Class Ill) L.! 30" RCP Stoml sewer (Class III) Lf QUANTITY PRICE Please advise if additional information is desired. Sincerely yours, ~/r1~~?-'- Registered Professional Engineer Texas Registration No 22861 ",; 31 OfOXeSIQIVphasel(6- 7 -Otnlfl ailei' 527 434 ~____ 35.00 L-.48.00 Sub-Total AMOUNT $ 18,445.00 $ 20,832.00 $ 49,727.00 Total Construction $ 225,471.90 ($225,471.90)(10%) $ 22.547.19 Grand Total -"'''''' _--e.OFTE \\\ _....~ ........:tf.... ,. -~' .........- , .-.* .... ...... ., {*l \-+t ,/, ~..l....................\.... ~ ~ A. C. FRANKSON ~ ~..~............_......:..~ ',-'0" 22861 ..,~,. ~'. ~ ~<V..f.iY;'- 'I,O;.;...~G/STE.~..~~ ..: \~~s.......~~~~ \\,.!ONA\. __- ,''-'-~ $ 248,019.09 . - II Exhibit 3 II Page 4 of 4 @FmsrNAnONAL~ First National Bank 1434 SPort Corpus Christi, Texas 78405 Irrevocable Letter of Credit No: 062306 June 22, 2006 BENEFICIARY: City of Corpus Christi POBox 9277 Corpus Christi, Texas 78469-9277 Attn: Director of Engineering Services CUSTOMER: Southside Ventures, L.P. 5749 La Costa Corpus Christi, Texas 78414 Attn: Patrick H Nolan AMOUNT: $248,019.09 EXPIRATION: 6-22-2007 Gentlemen: We hereby establish our irrevocable letter of credit in favor of the City of Corpus Christi for the account of Southside Ventures, LP, acting by and through Patrick H Nolan and Daniel E Caballero, authorizing Beneficiary to draw on First National Bank, Corpus Christi the amount of Two hundred forty eight thousand nineteen dollars and 09/cents ($248,019.09), under Beneficiary's draft bearing the clause "Drawn under First National Bank Irrevocable Letter of Credit No. 062306, dated June 22, 2006" and accompanied by all ofthe following documents: (1) The original of this Letter of Credit, and (2) The sworn affidavit of the City of Corpus Christi's City Manager, or his designee, stating the authority of the affiant to make the affidavit on behalf of Beneficiary and further stating as follows: "That Southside Ventures, LP has not installed the required Improvements or vacated the plat of Southside Ventures, LP 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 Letter of Credit. hiblt 4 This Irrevocable Letter of CredIt is not transferable. Issuer hereby agrees wIth Beneficiary that upon presentment on or before 5 o'clock p.m., Corpus Christi, Texas, local time no later than June 22, 2007, that drafts drawn under and in compliance WIth the terms of thIs Irrevocable Letter of Credit, Issuer will duly honor this Irrevocable Letter of Credl t This Irrevocable Letter of Credit is guaranteed for one year from date of issuance, it must be automatically extended for additional periods of one year, and at one year intervals thereafter, until June 22, 2007, unless, at least 90 days prior to June 22, 2007, Beneficiary's City Manager notifies Issuer in writing by Certified MaD at the above address that Beneficiary has elected not to renew. Issuer shall send notice of the automatic extension to the City's Director of Engineering Services thirty (30) day prior to expiration of the then current Irrevocable Letter of Credit. Failure to receive the automatic extension or a substitute Irrevocable Letter of Credit 30 days prior to expiration of the then current Irrevocable Letter of Credit constitutes a default upon which the then current Irrevocable Letter of Credit may be called in its entirety, even though not stated above as a specific event of default. 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 Letter of Credit is referred to or to which this Irrevocable Letter of Credit relates, any such reference is not deemed to incorporate herein by reference any document, instrument, or agreement Issuer is not a party to, or bound by the terms of any agreement between Beneficiary and Customer. Furthermore, Issuer shall honor this Letter of Credit without inqUIring into the truth of the statements made in the sworn affidavit of Beneficiary which statements wi 11 be considered by Issuer to be determinative, conclusive and final. This Irrevocable Letter of Credit will be governed by the provisions of the Uniform Customs and practice for Documentary Credits (1994) Revision, International Chamber of Commerce Publication No. 500 to the extent not inconsistent with the laws of the State of Texas and more particularly WIth the provisions of Chapter 5 of the Texas Business and Commerce Code currently in effect. Sincerely First National Bank ~~'~~.~ r By: Steve R. Rodriguez '-. 6 Branch President ~ CITY OF CORPUS CHRISTI DISCLOSURE OF INTERESTS City of Corpus Chnstl Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following Information Every question must be answered. If the question is not applicable, answer with 'NA FIRM NAME STREET CITY: ZIP: FIRM is' CorporatIon ')ther ~. Partnership _______ 3 So'e Owner 4. Association DISCLOSURE QUESTIONS f additional space IS necessary, please use the reverse side of this page or attach separate sheet. 1 State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Job Title and City Department (if known) 2 State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Title 3 State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Board, Commission or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Consultant CERTIFICA TE I certify that all Information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi. Texas as changes occur. Certifying Person __.._ _._ Title: (Type or Pnnt) Signature of Certifying Person _..__., Date: II Exhibit 5 II 16 AGENDA MEMORANDUM June 27, 2006 AGENDA ITEM: Motion authorizing the City Manager to execute a Deferment Agreement with Southside Ventures, L. P., (Developer), in the amount $305,119.38 for public improvements including construction of water, wastewater, paving. and drainage improvements for Foxwood Estates Phase III, located lOuth of Saratoga Boulevard and west of Everhart Road, in accordance with the Platting Ordinance section V-Required Improvements, Subsection A. 3. (b), contingent upon receipt of letter of credit compliant with City requirements by June 30, 2006. ISSUE: Southside Ventures, L.P, developer of Foxwood Estates Phase III, submitted deferment agreement documentation to defer construction of water. wastewater, paving, and drainage improvements required of Foxwood Estates Phase III in accordance with the platting Ordinance, Section V-Required Improvements, Subsection A. 3. b). REQUIRED COUNCIL ACTION: Council authorization for the City Manager to enter into a deferment ,...ment with Southside Ventures, LP., (Developer). CONDITION: Developer must post a letter of credit or equally liquid negotiable security with the City in the amount of 110% of the cost of the improvements, and comply with all other requirements of the Deferment Agreement. RECOMMENDATION: Staff recommends approval of the motion as presented. /t~!>{/_~ ./ } f\tchael N. Gunning, A.I.C.P ..., ActIng Director of Development Services ~~--^" <;;.-:~ r; ciS Teniente, P.E. . nt Director of Development Services Attachments: Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Background Information Location Map Water, Wastewater, Paving, and Drainage Improvements Cost Estimate Copy of Letter of Credit Deferment Agreement AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION BACKGROUND: The development time schedule and the platting of Foxwood Estates Phase III (Exhibit B) required the developer to construct public improvements for Foxwood Estates Phase III. The deferred public improvements include the construction of water, wastewater, paving, and drainage public improvements (exhibit C). Construction plans for the public improvements were submitted and approved by the Development Services Department The Planning Commission, at its June 14, 2006 meeting, recommended the execution of the Deferment Agreement and found reasonable cause to delay the required public improvements to expedite the recordation of the plat by the Developer's time schedule. The Developer agreed to deposit $305,119.38 in the form of a Letter of Credit (Exhibit E). This amount is 110% of the estimated cost of constructing the required improvements, (Exhibit D) in compliance with the Platting Ordinance Section V- Required Improvements, Subsection A. 3. b). A deferment agreement, (exhibit F) between the City of Corpus Christi and Souths ide Ventures, L. P. allows the Developer to defer the construction of the required improvements with the exception of the water and wastewater, which is required to be 75% complete for a period of up to one (1) year from the date the deferment agreement is signed and approved. The deferment of improvements will allow the Developer to expedite the recording of the plat and obtain building permits to develop Foxwood Estates Phase III. Exhibit A _.J~ t-._H-1 H t v- '--- _~.~. _...... _ , / i I i I , COUNTRY CLUB ESTATES UN IT 31 VIJ,L., ~3,. ,Py.,B,b,&,8,7, , , : : : MAff REtORlllS: : : : : : Vl N W ill f- <[ o<:J f- V1 Vl -0 wowa:: CIJN .8 =:Jt-OLL.j -I_CLa: Ll:z >-=>00.. g: v~ :z ::J Cl u \ ~ ;~\ ~ "l: --.- -- -. - --~---T--. -J ..... BRA T TON ROAD [_ ~ l~ ~ ! \ '" , ! ~ ---T--IIf 1"1 r I :-~-~ 'y.. : J J..L J_LlJJ=J , ADR/AN,~:~k~,-J[r~-mIT JI!l~/~~ f~' i ==--===~= It Will DW I CK SCHOOL TRACT R:'YA COURT ~~ VOL 55, PC. 97 JL \0, PC. 1 7 "" ' MAP RF CORDe: MAP "ECORDe: ~ ! ! ! l OC~ T I ON MAP Foxwood Estates Phase III i Exhibit B I Page 1 of 1 ..-J APOLLO ROAD C'J ~ ~ ea.: " ~ ~ a ~ ~ ~ ~ BRAT'l'ON ROAD . ~ Q... ""l: ...... ~~ ~ lit ~..... -Vi !Ii ::...~ ..... ~ . ~~ .,., c:s...... -:c:: t:::l~ ~ ~ ~ Q... LOT 2 BLOCK 11 PROPOSED SANI TARY / SEWER MANHOL E . . . ""t ;::;~ lit ~ \..u ~ V) l>.,,;~ Q:: ~..~ K ...... /~ ::c:: ~~ t;;U ~~ ~Q... ~ LOT 1 BLOa< 11 BRATTQN ROAD \. \ o ~o P""\.o.-... 190 PROPOSED 3'18 'x 10" D! A. I've \ \ JANUARY SEifER PROPOSED SANI'fARY SEIfER'MANHOL E SITE . ""t ~~ lit ~ ..... ~V) :....;":'>... Cl::: , :'<:l: ~K: 0.., ...... ~:c:: t:::l.~ -..... ~.~ ~Q... g: LQT 3 BLOCK 1 3 LOT 2 BLOCK 13 PROPOSEO SAN! T AR'f ./ SEWERMANHOLf LOT 1 BLOCK 13 PROPOSED SAN! TANY SEifER MANHOlE II Exhibit c II Page 1 of 6 DEFERRED SAN IT ARY SEWER FQXWOOD ESTATES PHASE III CORPUS CHR 1ST I, TE XAS .1 ~ ~~~ ~ 'to;C% ~ ......~ ~ ~ ;:;::11 ~ ~ I~ ~" ~:::; ~ ;I.~ C) ;I ~ I~ ~ il ~ ~ ~ I I I : I --___---1 I ::---- - --- -:==-==*' BRA rrON ROA ~ --~~ y------ ---~I (~ I I PROPOSEO FIRE ; i ;: II HYORANT ! l I ! I i I 14------~ I ! II II ! I II II II i I LOT 1 BLOCK 11 \~ A~\ 100 \ I o 50 r"'!..-_- PROPOSEO 328 I X 8" PVC 'A TER L IHE ; ! I PROPOSEO FIRE i I HYORANT I I ~ -- CII: ... - ;I . '" ~ >< ..... BRA TrON ROA D PROPOSED FIRE H YORAN T SiTE LOT 3 BLOCK 13 LOT 2 BLotK 13 LOT 1 BLOCK 13 , II Exhibit c II Page 2 of 6 DEFERRED WATER LINE FOXWOOD ESTATES PHASE II I CORPUS CHRISTI. TEX~S A POLLO ROAD , I i I I i I , I , I ------~ ) ------- BRA rrON ROA D .----..------., I I II I I Ii I I t';) ~ ~ ~ ~ ~ - <::l ~ Q:: -, ~ ~ ~ /. \ / ~ I c{ ~ I '-> "- Cl:: ~ ~ ::s ~Cl::":l~ t'\,~t::)ct:l :..,;.....,~ , V) c::s t'\,~~ ~ g:'9;: t::)~Cl: ~V) ~ ~ Cl: LOT 2 BLOCK 11 PROPOSED 106' X 18" RCP STrJRM SEitER PROPOSED JUNCTION 801 - PROPOSED 114' X 24 II RCP S TOR" SEWER PRDPOSEO 18' X 24 N RCP STORM SEitER LOT 1 BLOCK 11 PROPOSED 215' X 24 N RCP STORM SEitER PROPOSEf) 18' X 30 N RCP 9.;: STORM SEitER ~ /PROPOSEO 165' X 30N RCP. .~,~ / STORM SEWER ,S;; ~ " .~ .~~ S1 T( :'~. ~y) ~ 25 ~ PROPOSED LOT 3 JUNCTION BLOCK 13 BOX PROPOSED 234 / X 24 1/ fiCP S TOR" SOlER PROPOSED ~IJNC U ON 80X LOT 2 BLOCK 13 .-PROPOSED 11' X 18,If R&P sraRM SEWER LOT 1 BLOCK 13 \~ ~~\ ~_...lO 1 qo PROPOSED JUNCTION BOX PROPOSED DETENTION PONO II Exhibit C II PaQe 3 of 6 DEFERRED STORM SEWER FOXWOOD ESTATES PHASE III CORPUS CHRISTI. 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I<. iil ;l; .... ~eil.;~ ;lIa ..."'... ~ it~~~ ~~ ~;~ ~ ~~~~ ~~ ~~~ is !>>:Il ... f?_ !t:~ I.J 'i\.>l:!~ I ~e4l) .... ~.... "'" ~\.>'" ~ ~"'~<<:I ~~ "'~iil '" e~ik~ II)~ ~~~ !Ii :t 11;- "'- -a", .... ~~-~ iil~ ~\.>~ ~ !\:I.;"'~ ~l!5 ~i~ V),.:l::! "'... \uCla ~ l!lll)l~ it"l Cl;::... ~ ~~~i tot l:!~~ ~ ~ ~ri~ i~ ii~ ~ I Exhibit C Page 5 of 6 ~ /"" o tS'l o N o - o ~>o:: OU --,0 --' tD t::l ~ c a:: ~ ~ ~' -~. Jllc;~ JII I.4J l~ jV) r~ I~ I~ Ilt I J . I /' ,_._ ______ 0_- __ '0____ ____ ____.,_ ._._____ [:t "Jf'.!i/arON N383J1 r- I i ; ~ -..J ~ ltJ- t:::::l ...... V) ~ Q). ~, C:) ~ ~ "'" V) .., ..,..- ~~ '~'O ....J, en' Vl oc::( ~ X ...JVl W oc::(w I- ~I- woc::(- . 01--- -Vl-t- VlW Vl W- OQVlQ: WO<t:I: VlO:I:U O~Q. Q.X Vl 00 ::l Q:l.L. Q. Q. Q: o U ~ ~ c a:: ~ c e-... e-... ~ C:l / ( ----- II Exhibit c II Page 6 of 6 BALUSEK-FRANKSON ENGINEERS-SURVEYORS 308 E. GOODWIN A VENUE VICTORIA, TEXAS 77901 PHONE (361) 578-9956 FAX (361) 573-6991 June 7, 2006 Ms. Mary Frances T eniente. P E. Development Services City of Corpus Christi PO Box 9277 Corpus Christi, Texas 78469 RE: Job No. 05-310 Foxwood Estates Phase III (Revised 6-7-06) Dear Ms Telllente: Summarized below is an estimate to construct Foxwood Estates, Phase III. This estimate is intended for use in preparing a Deferred Agreement so the Final Plat at Foxwood Estates, Phase I can be recorded before all of the project infrastructure is in place. W ASTE\VATER COLLECTION SYSTEM DESCRIPTION UNIT QUANTITY PRlCE AMOUNT Connect 8" sanitary line Ea. 1. $._. 5,500.00 $ 5.500.00 to existing manhole 16" Dia. Sch 40 steel casing. iF 80. $ 482.00 $ 38.560.00 Reline manhole Ea. $ 10,885.00 $ 10,885.00 8" Sanitary sewer line iF -;-71 $ 20.00 $ 15,420.00 (Less than 8' deep) 1 0" Sanitary sewer line IF 420 L. 60.50 ;;;J $ 25,410.00 ( 1 6' - 1 8' deep i Class D Embedment L.F. 1191 $ 4.80 $ 5,716.80 (all depths) Sanitary sewer manhole Ea. 2. $ 2,835.00 $ 5,670.00 (less than 8' deep) II II Exhibit 0 Page 1 of 4 o~; i Ofoxeslqlyphaselll. 7.0bmtrallCb Job No. 05-31 U Foxwood Estates Phase III :.~orpus ChrIstl, Texas Page 2 DESCRIPTION SanItary sewer manhole (16'. 18' deep! Short single 4" sanItary sewer servIce. Trench Safety UNIT Ea Ea L.r W A TKR DISTRIBUTION SYSTEM DESCRIPTION 8" .. 8" Tapping sleeve & valve 8" dia. water line. 6" - 8" Tapping sleeve & valve with Fire Hydrant Assembly. 8" X 8" X 6" Tee Flttmg 6" Gate Valve & Fire Hydrant Assembly 8" Gate Valve 8" Plug STREET & DRAINAGE Mobilization Traffic control .xcavation OS;] (J!oxestqtypha,eHI C .06,"I,,,ncl' QUANTITY PRICE I ~___QJJ)O .00 UNIT QUANTITY Ea IF fa La Ea Fa. I ~ LS C.'{ .;; ~__ 475.00 119] $____1.00 3,898 328 Sub-Total $ PRICE $ 3,065.00 L__J9.70 .~ $ 3,650.00 $ 2,865.00 .L 845.00 ;L 335.00 Sub-Total $ $ 2.500.00 $ 3,000.00 $ 2.60 AMOUNT $ 12,200.00 $ 2,375.00 $ 1 J 91. 00 122,927.80 AMOUNT $ 3,065.00 $ 6,461.60 $ 10,950.00 $ 2,865.00 $ 845.00 $ 335.00 24,521.60 $ 2,500.00 $ 3,000.00 $ 10.1 34.80 II Exhibit 0 II Page 2 of 4 Job No. 05-310 Foxwood Estates Phase III ~'orpus Chnstl. Texas Page 3 DESCRIPTION UNIT QUANTITY PRICE AMOUNT I kmolition L.S $ 3,500.00 $ 3,500.00 Sub-Total $ 19,134.80 TYPE B ROADBED STRUCTURE (RESIDENTIAL COLLECTOR) DESCRIPTION UNIT QUANTITY PRI CE AMOUNT Curb & Gutter L.F ')60. $ -'-.- 9.50 $ 6,270.00 Sidewalk SF. 2,715 $ 3.50 $ 9,502.50 --- 8" Lime treated subgrade SY 1,306 $ 3.50 $ 4,571.00 (5% lime based on material weight of I 00 Ibs/cf (measured lip to lip of gutter) 9" Lime treated subgrade S.Y 293. $ --- 4.25 $ 1,245.25 (5% lime based on material weight of I 00 Ibs/cf (measured IIp of gutter to 2' behind curb) 6" Thick Flexible base material SY 1.306. $ ----" 8.30 $ 10,839.80 (measured lip to lip of gutter) Prime Coat S.Y 1.306 $ 0.75 $ 979.50 Hot Mix Asphaltic Concrete SV 1.306. $ --,~~- 8.50 $ 11.101.00 Pavement (2" thick) (min. 220 Ibs/sy) 11 Sub- Total $ 44,509.05 DR4.INAGE DESCRIPTION UNIT QUANTITY PRI CE AMOUNT ype A Curb Inlet. Ea. ..., $ ___L925.00 $ 3,850.00 i... Type B JW1ction Box Ea 5. $ 2,630.00 $ 13.150.00 II Exhibit D II 0'.,: OloxestqtyphasellI '.06mtranCl' > P~n~ ~ nf L1 Job No. 05-31 U Foxwood Estates Phase III Corpus Chnstl. Texas Page 4 DESCRIPTION UNIT o UANTITY PRICE AMOUNT 18" RCP Storm seVier i Class Ill) 183 $ 28.00 $ 5,124.00 24" RCP Stonn sewn ({]ass III) 788 $_____ 35.00 $ 7,580.00 30" RCP Stonn sewer ( C lass Ill) L.F 183. $ 48.00 $ 8,784.00 Detention Pond L.S $ 6,000.00 $ 6,000.00 Concrete Slab (4" thIck with 8" wide, 12" deep toewall) S.F 400. $--- 4.50 $ 1 ,800.00 Sub- Total $ 66,288.00 Total Construction $ 277,3 81.25 ($277 .381.25)(10%) $ 27,738.13 Grand Total $ 305,119.38 Please adVIse if additional mbrmation IS de:med. a:c, ~~. A C. Frankson Registered Professional Engineer Texas Reglstration No. 2286] _....,''''-'\ --~ OF 'T \, .:~~1.*......t-tf,"\h -'.. .,.- ... ,,- " ....* .. .... I ",1r.. , ." 'I II! : .. 'I. ~... ...... ...... ...... ..\... ~ f'. A. C. FRANKSON ~ ~........_.............~...~ ~_1 22861 lq:: '\ . ~..If~ ~~ \~,,'-'-"- Sincerely yours, II Exhibit 0 II Page 4 of 4 ,. i i!toxestqtyf'l;a~dli-7-i.16I1tra'k is @FlRsTNAnONALB~ First National Bank 1434 SPort Corpus Christi, Texas 78405 Irrevocable Letter of Credit No: 062206 June 22, 2006 BENEFICIARY: City 0 f Corpus Christi POBox 9277 Corpus Christi, Texas 78469-9277 Attn: Director of Engineering Services CUSTOMER: Southside Ventures, L.P. 5749 La Costa Corpus Christi, Texas 78414 Attn: Patrick H Nolan AMOUNT: $305,119.38 EXPIRA nON: 6-22-2007 Gentlemen: We hereby establish our irrevocable letter of credit in favor of the City of Corpus Christi for the account of Southside Ventures, LP, acting by and through Patrick H Nolan and Daniel E Caballero, authorizing Beneficiary to draw on First National Bank, Corpus Christi the amount of Three hundred five thousand one hundred nineteen dollars and 38/cents ($305,119.38), under Beneficiary's draft bearing the clause "Drawn under First National Bank Irrevocable Letter of Credit No. 062206, dated June 22, 2006" and accompanied by all of the following documents: (l) The original of this Letter of Credit, and (2) The sworn affidavit of the City of Corpus Christi's City Manager, or his designee, stating the authority of the affiant to make the affidavit on behalf of Beneficiary and further stating as follows: "That Southside Ventures, LP has not installed the required Improvements or vacated the plat of Southside Ventures, LP 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 Letter of Credit. I ExhIbit E I This Irrevocable Letter of Credit is not transferable. Issuer hereby agrees \\ Ith BeneficIary that upon presentment on or before 5 o'clock p.m., Corpus Christi, Texas, local time no later than June 22, 2007, that drafts drawn under and in compliance WIth the tern1S of this Irrevocable Letter of Credit, Issuer will duly honor this Irrevocable Letter of CredIt This Irrevocable Letter of Credit is guaranteed for one year from date of issuance, it must be automatically extended for additional periods of one year, and at one year intenals thereafter, until June 22, 2007, unless, at least 90 days prior to June 22, 2007, Beneficiary's City Manager notifies Issuer in writing by Certified Mail at the above address that Beneficiary has elected not to renew. Issuer shall send notice of the automatic extension to the City's Director of Engineering Senices thirty (30) da)" prior to expiration of the then current Irrevocable Letter of Credit. Failure to receive the automatic extension or a substitute Irrevocable Letter of Credit 30 days prior to expiration of tbe tben current Irrevocable Letter of Credit constitutes a default upon which the then current Irrevocable Letter of Credit may be called in its entirety, even though not stated above as a specific event of default. ThIS Irrevocable Letter of Credit sets forth in full the terms of our undertaking and such undertaking must not m any way be modified, amended, or amplified by reference to any document, instrument or agreement referred to herein or in which this Irrevocable Letter of ('redit IS referred to or to which this Irrevocable Letter of Credit relates, any such reference is not deemed to incorporate herein by reference any document, instrument, or agreement Issuer is not a party to, or bound by the terms of any agreement between Beneficiary and Customer. Furthermore, Issuer shall honor this Letter of Credit without inquinng into the truth of the statements made in the sworn affidavit of Beneficiary whIch statements will be considered by Issuer to be determinative, conclusive and final. This Irrevocable Letter of Credit WIll be governed by the provisions of the Uniform Customs and practIce for Documentary Credits (1994) Revision, International Chamber of Commerce Publication No, 500 to the extent not inconsistent with the laws of the State of Texas and more particularly with the provisions of Chapter 5 of the Texas Business and Commerce Code currently in effect. Sincerely First National Bank ~~w-(~~_~~...~ ~., By: Steve R. Rodriguez '\ Branch President DEFERMENT AGREEMENT STATE OF TEXAS S S COUNTY OF NUECES S This Agreement is entered into between the City of Corpus Christi, Texas, a Texas home rule municipality, (hereinafter "City") and Southside Ventures, L.P., a Texas limited partnership, (hereinafter "Developer"), and pertains to deferral of the required completion of certain improvements required prior to filing the final plat of Foxwood Estates Phase III (the "plat"), which was approved by the Planning Commission on May _, A copy of the plat is attached and incorporated as Exhibit 1, WHEREAS, the Developer is obligated under Section III, Paragraph H, Subparagraph 5, of the Platting Ordinance to construct seventy-five percent (75%) of the required improvements, before the final plat is endorsed by the City's Director of Engineering Services. Detail construction drawings must be provided by the Developer and approved by the City's Departments of Development Services and Engineering prior to the start of construction; WHEREAS, the Developer is seeking to defer, for a period up to one year, the construction of the water, wastewater, paving, and drainage improvements (hereinafter the "deferred improvements"), as shown in Exhibit 2, as required by the City's Platting Ordinance; 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 required improvements as required by Section III, Paragraph H, Subparagraph 5, of the Platting Ordinance; WHEREAS, the Developer will deposit, with the City of Corpus Christi, a letter of credit, drawn on a bank with offices in Corpus Christi, Texas, in the amount of Three Hundred Five Thousand One Hundred Nineteen Dollars and 38/100 ($305,119.38), representing 110% of the estimated cost of constructing the deferred improvements, all as shown on the attached cost estimate, which is attached and incorporated as Exhibit 3; 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; WHEREAS, the Developer is entering into this Deferment Agreement as required by Section V, Paragraph A, Subparagraph 3. b) of the Platting Ordinance; NOW, THEREFORE, for the consideration set forth hereinafter, the City and Developer agree as follows: II Exhibit F II Page 1 of6 1. Upon Developer's 75% completion of operable water and wastewater to serve each lot within the development, the City shall waive the requirement that construction of the deferred improvements be completed before the final plat is endorsed by the City's Director of Engineering Services and filed for record with the County Clerk of Nueces County and further agrees to allow the Developer to defer construction of the deferred improvements as shown in Exhibit 2, for up to one (1) year from the date of this Deferment Agreement. 2. The Developer shall deposit, with the City of Corpus Christi, a letter of credit, drawn on a bank with offices in Corpus Christi, Texas, in the amount of Three Hundred Five Thousand One Hundred Nineteen Dollars and 38/100 ($305,119.38) as shown in Exhibit 4, before the Agreement is approved by Council, for 110% of the estimated cost of constructing the deferred improvements. 3. The Developer shall construct the deferred improvements, in accordance with the City's engineering standards in effect at the time of construction. 4. Upon completion ofthe deferred improvements within one (1) year from the date of this Agreement, or later time as may be mutually agreed upon, in writing, by both parties, and upon acceptance of the deferred improvements by the City Engineer and upon compliance by the Developer with the remaining terms of the Deferment Agreement, the City Engineer shall: a. Immediately release Developer from the obligations to construct the deferred improvements by mailing a Release Letter to: Southside Ventures, L.P. 6001 Holly Road Corpus Christi. TX 78412 b Return to the Developer within sixty (60) days of the completion of the construction of the deferred improvements and settlement of the construction costs, any balance remaining of all monies received by the City from the Developer, including any interest earned. 5. If the deferred Improvements have not been completed within one (1) year from the date of this Agreement, 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 and transfer the money received, including any interest earned, to the appropriate City fund and the City may begin completion of the construction of the deferred improvements with any monies received from the Developer, both principal and interest, remaining after completion of construction being refunded by the City to the Developer. If City constructs all or any part of the required improvements, the Developer shall reimburse the City for any additional cost of the deferred Improvements, if the sum of money and interest prove inadequate to complete Page 2 of 6 deferred improvements within thirty (30) days after City completes the required improvements 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 completion of the construction of the deferred improvements, any 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 Deferment Agreement, the City Engineer will send the 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 receipt of the notice and opportunity to cure, the City Engineer may 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 the Developer, within sixty (60) days of the completion of construction of the water, wastewater, paving, and drainage public improvements and settlement of construction contracts. 8. The City reserves the right not to issue Certificates of Occupancy for this development until the deferred improvements are installed and accepted by the Director of Engineering Services Department. 9. 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 10. The Developer covenants to construct the deferred improvements, and that this covenant shall be a covenant running with the land. 11 The City's Director of Engineering Services, at Developer's expense, shall file of record this Deferment Agreement in the records of Nueces County. 12. No party may assign this Deferment Agreement or any rights under this Agreement without the prior written approval of the other party. 13. 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 above the signature of the party. Any party may, by notice to the other in accord Page 3 of6 with the provisions of this paragraph, specify a different address or addressee for notice purposes. 14. This Agreement shall be construed under and in accord with the laws of the State of Texas and all obligations of the parties created hereunder are performable in Nueces County, Texas, and all lawsuits pursuant hereto shall be brought in Nueces County 15. The Developer further agrees, in compliance with the City of Corpus Christi Ordinance No. 17113, to complete, as part of this Agreement, the Disclosure of Ownership interests form attached to this Agreement as Exhibit 5. 16. This Agreement shall be executed in triplicate, all original copies of which shall be considered one instrument. When all original copies have been executed by the City, and at least two original copies have been executed by the Developer, this Agreement shall become effective and binding upon and shall inure to the benefits of the parties and their respective heirs, successors and assigns. Page 4 of 6 - / EXECUTED In triplicate this ~ day of -J tJ v-.lL ,2006. By Southside Ventures, L.P. 6001 Holly Road CO~J~' Jl2 PDG Management, L.L.C., General Partner, Patrick H. Nolan, General Partner THE STATE OF Texas ~ ~ COUNTY OF ~.)tH) ~ ~ 2Z This instrument was acknowledged before me on J u ~ ,2006, by Patrick Nolan, Member of PDG Management, L.L.C., General Partner Southside Ventures, L.P. NO~:J, l~exas ..~\\\\\I.\\\\\\1111LIII'(flllll ,\' n ,/ M 1/; ~,... ~\" 1 En I/,z !' ~ ...... . "..'rj..- % f ,<*",I>-Y P!.Is" \. ff :,: ~ \)', % ~ :, w" ;> ,) J ~', '?r~ "\~+ ' J '" ,OF .::- ~ ',~XPlfl.f.S,,' c$ 'l/"',.'/t'/I'IOJ'~'''' 7~ 2QG\\\\\~~~ 1111" (trill ~; t 111 \ i1 \ \ \ " \ \ \\ Page 5 of6 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 APPROVED AS TO FORM: This ~~ day of ~l)",e- , 2006. ~~ik G . Smith, Assistant City Attorney For the City Attorney 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 the corporation. Notary Public, State Of Texas Page 6 of 6 -------.- ~ ! , i . ~ 1 1 I f to ~ i i . "..-rJS f iK'J t~r:l ""'-II ~ f j" I : JI<<JH"i 1 , ~~_J ,I c #;. ..Ji.'c -/ /yJ,/' ;"n .5. - -_. - ----.------- -_.,---- ------.'-:-:"""':,07--- ---,- ~/"r-'h '\ ~ ~ <; '" 5_ " ~ !' ~ t :"!:~i" 1~~~E~r~::f :" jj~ I~-:,'..~ :0 \~ : t :i 'l.l 15 ....' ~. t ~- -'--\01 ." : i r.= , , t ,trr; I .. r ~ " " ~; i: I: ~ .--=:...." '06<. $rJtJJ '~JIIW"- '~~ 111_ " roc SIlOA~ ,. SIJ33N/~N3 NOSYNrlir JI]sn lrt? ~ :- ; I.i I.~ !idi I~IR!I - ".I! · t HHEr ~ ... ;J. u on Q. ... :s e, ... ... u o -' ;; 3: .0<111 .. on ;: ~., ~ ". .. sl OJ g~ ~ .;. .;. I 0- N .. ~ :: .:. . .. 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Jiil c'~:~b ~f~:: z~~=! - '1::...... C' '" . ~~f~~ i:!3~e I i I d: . .> 1 >. CD; l.~ it, U .G:' .> . :.~ <<In ~ ;: Q 2 c ~ . Ii iD ::> c. , ~ I~ ," " '" )< u.' ~ ~ ~ ? ~ ~ ,0 ~ ~ 8 II! :i~ ~l~ co"!l' r~~ It'''~ ~l" ~f! ll! r ~ ~a o~\:t !t~ ~ ~ il~s i5~~ = = r,. r ~ e I~;i ... ~ eg~ ~ ~ ~~t~ ~ ~o~.. :n ~ ~i1ii ~ ~ IIln~ oi c ~ t > << o ~ '" 2' o :li I ! ! ~ u ::. z '0 ~ ~ c ~ c c :z :;: :r. i ~ % >- " " ~ z ... ~ " Exhibit 1 APOLLO ROAD BRATTON ~ ~ ~ ~ ~ ~ <:::> I I C( -V~ it: 5 '" . ~ ~ Cl... ~ - <<::)~ l: Jii: ~'-4.I -VI :..:;:.... Q:: ~~ c:::l- -~ t:::!~ ~ ~ ~ Cl... LOT 2 BLOCK 11 PROPOSED SANI TARr SEWER MANHOLE ~ ~~ lit l.u ~V) :..:;:.... Q:: , :oq ~,,~ IX _ /~ ~ ~~ ,t.O.:j '~~ ~Cl... ~ LOT 1 BLOCK 11 BRA,TTQN ROAD \~ ~~\ o ~o ,..-,...- - 100 I PROPOSEO 318' X 10" DIA. \ SANifAR)' SEWER PROPOSED SANHARr SEIfER-MANilOl E SITE / ~' 'Q:: ~~ l: l.u ~VI :0..;, ':.... Q:: , ~ "'"'l,K: 0) - ~~ ~~ -l.,..J '~~. ~Cl... ~ LQA 3 'BL.OtK 1 3 LOT 2 Bl'OCK 1 3 I f I PROPOSED SAN IT ARY SEKER'MANHOl,e LOT 1 BLOCK 13 pve PROPOSEO SANITARY SEWER MANHOlE ~ Exhibit 2 II Page 1 of 6 DEFERRED SAN IT ARY SEWER FOXWOOD ESTATES PHASE III CORPUS CHRISTI. TEXAS \ \ i i ----- -- I ) -----7{ BRA TTON ROA D ~ ~ ~I- -' -"'w; ~ ~ =, = k. ~ "" - ~i t::l ~ ~ ~ <::::l = Q:: ~ ~ ~ "" j LOT , BLOCK l' o ~ r"'Io..o__ \. .qo \ PROPOSEO 328 I X 8" pve irA TER L IHE BRA TTON C-------- ( - PROPOSED FIRE II HYDRANT I' i I I I I I I I I I I I PROPOSEQ- FIRE I HYORANT I I w .... ca::: ... - = . <'01 - V> ... ... I I ROAD SiTE LOT 3 BLOCK 13 LOT 2 BLOCK 13 LOT 1 BtOCt< 13 PROPOSED FIRE HYDRANT 5 6 II Exhibit 2 II Page 2 of 6 DEFERRED WATER LINE FOXWOOD ESTATES PHASE III CORPUS CHRISTI. TEXAS ~ ~ ~ I ~ I ~ ) ~ ~ it: /' / ~I & ;:: Q:: ~ ~ ::s ~Q::~~ t\,,!.o.I " ~~~~ , ~ ~ ~~~ 9::'9:: t:::l~Cl: ~V') ~ ~ Q..: , --~ APOLLO ROAD -I I I / BRATTON ROAD '.-....-..'--....... , LOT 2 BLOCK 11 /-PROPOSE[} 106 ( X 18 If Rep STORM SEWER ",PROPOSED JUNCTION B~x ~ PROPOSED 114'X.24. RCP S TORAI SE/f[R PROPOSED 18 ( X 24. RCP STORM SEWER LOT 1 BLOCK 11 PROPDSEO 215 I X' 24 N RCP \ 5 TORM SEIfER PROPOSElJ 18' X 30'" RCP ~ STORM SEWER,' := /PROPOSED 165 'X JO. RCP, /~~ / STORM SOfER /s:.; ~ ... Vi ,~~ 51 TE --~, '~,v, " ~ ~ ~ g: PROPOSED LO''t 3 JUNCTION BLOCK 13 BOX , PROPOSED 234 ( X 24 If RCP STORM SEWER PROPOSED "JUNCTION BOX LOT 2 Bt OCK 13 ~PROPOSfO 11' X 18/' Ref " STORM SEWER LOT 1 BLOCK 1:3 \~ ~~\ o 50 P""\-- - - 100 I PROPOSED JUNCTION BOX PROPOSED DETENTION POND ~ Exhibit 2 II Page 3 of 6 DEFERRED STORM SEWER FOXWOOD ESTATES PHASE III CORPUS CHRISTI. TEXAS /v" o o .--llC OU ...J~ ...J CD CI' "If"d/avos Y383M '_._.._-_._--_._~ " \ \ \ - - -~-----------l Ct) ~ <,J ~ :s.:;" ~' -q: Ct) <::l 4J ~, ~, Cj" ~' Q.. ~ ~ ~ Q: ~ ~ 'b. '- " ~. '~ CQ ~ -<.J .~ t3 "~ .~ .~ tj %1 Q:: 'Q ~ ( ~ ~ E-.. ~ ',~ ~ "N" <.I), ~ ,.,.,- .....~ ' ~'C;l' ,...J. ", i:Q " '... '-'. ' \I) Cl X l.LJ t- " ' >-Vl ClUJ -.... o ClCl- · 0""-- o::Vl-t- UJ \I) UJ- 00\1)0:: UJOCl:I: O::O:I:U O::.n.. laJx V') u..o ::J laJu.. Q.. o 0:: o U ~ II Exhibit 2 II Page 4 of 6 3N11 .1I:0:H_ _ _ _ 1" - -j I I · I~ i I 1. f . U I Tie i I -- ... ?r ;..~ '" . ? ~ i ~ -- ~ . ? ~ . ? ~ - 'T' c '" ~ ~ I I hf--- I "L_ I . er- e. - "" . ... ~ . . ~ ?"v:; .M"O.lI ... ~ ~ t ~ ... i:3 "0.... ~~ . -,.... e s1 ~ j;.... ~I ... ~ ~ ~ q:; "" .... ~ ~ <:: . ... I ... .... .lJ e ee .J~L l.J~ ~~ ........ Uu :;)l.J e;:....J Vlc5 OU l.J....J Q)oc:t 0_ ~.... a::~ l.J Q)~ l.JVl ~~ t-- ..... .. t~ ...0.;: ~~ ~s ~~ ~~ ~~ .." ~..... ~... v'e " c)... 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E?\uti 113~~ it~~ Q.~", ",\;let: 1IIet:... ~~~ '''It/,,, af-;a: ...w'" ~lI)ll5 it:j... l!s.bl r~~ ........'" ~af ~~~ "'QIu ~""it ~;,;"- \!.lClO Cl~,", ~g~ Q::.... ct:'" ri~ /v o It"I o o .- o / -~---- ~~- -- -. -- .-. -----~- _..---/ ....:.:; 0.:5 ..J..J qJ / Cf'w'..{/arOH H383.M -~ I I I , r-- I I I I I 1 I ~ ~ Q: .~ .<:) e... t.:.' '.~ ~. ~ ....., .~ ~ I~ '1 V) ,..~ j~ j~ I~ , 1 " \ ~. --J ~ ~l \I)' I <:::II .~ ~ 9.:, Cj :t ~ ..... V) ;., ..,...... .....~ 'g'O ,..J, CD' Vl ct ~ X ~Vl l&J c(L\J ..... ~I- W<l:- · 01--- -Vl-..... V'lW Vl W- OOVla:: WO<l:I: V'lO:I:U O~Q. Q.X Vl 00 ::l Q:l.L. Q. CL a:: a u c::. ~ Q: ~ ~ e... ~ r; I I I i I ~ Exhib it 2 11 Page 6 of 6 , June 7, 2006 Ms Mary Frances Teniente P!~ Development Services City of Corpus Christi PO Box 927'7 Corpus Christi, Texas 78469 Dear Ms. Teniente BALUSEK-FRANKSON ENGINEERS-SURVEYORS 308 E. GOODWIN A VENUE VICTORIA, TEXAS 77901 PHONE (361) 578-9956 FAX (361) 573-6991 RE: Job No. 05-310 Foxwood Estates Phase III (Revised 6-7-06) Summarized below is an estimate to construct Foxwood Estates, Phase III. This estimate is intended for use in preparmg a Deferred Agreement so the Final Plat at Foxwood Estates, Phase I can be recorded before all of the project infrastructure is in place. W ASTEW A TER COLLECTION SYSTEM DESCJUPTION Connect 8" sanitary line to existing manhole ] 6" Dia. Sch 40 steel casm~ Reline manhole 8" Sanitary sewer lIne (Less than 8' deep) 1 0" Sanitary sewer line (16' . 18' deep) Class D Embedment (all depths) Sanitary sewer manhole (less than 8' deep) 05:' I (jfoxestqtyphaselll. - .06JllfraIlCl~ UNIT QUANTITY PRICE Ea. $ 5,500.00 LF $ 482.00 80. Ea. $ ] 0,885.00 1 LF $ 20.00 ';71 IF $ 60.50 420 LF. $ 4.80 1191 Ea. $ 2,835.00 2 AMOUNT $ 5,500.00 $ 38,560.00 $ 10,885.00 $ 15,420.00 $ 25,410.00 $ 5,716.80 $ 5.670.00 II Exhibit 3 II Page 1 of 4 .I" Job No 05-310 Foxwood Estates Phase III :orpus ChristL r exas Page :2 DESCRIPTION SanItary sewer manhole (16' I 8' deep) Short single 4" sanitary sewer serv ICe . Trench Safety UNIT Fa Ea LF W A TEa DISTRIBUTION SYSTEM DESCRIPTION 8" - 8" Tapping sleeve & valve 8" dia. water line 6" - 8" Tapping sleeve & valve with Fire Hydrant Assembly 8" X 8" X 6" Tee FItting. 6" Gate Valve & Fire Hydrant Assembly 8" Gate Valve 8" Plug STREE1" DRAINAGE Mobilization Traffic control ~xcavation 0531 Ofoxestqtyphaselll" .1)6rnfrallm . UNIT Ea. [ F Ea La Ea Ea LS L.S c.y QUANTITY PRICE $ MOO.OO " $ u 47-,,~.OO 1191. ~_ QUANTITY 328 1. 3,898. 1.00 Sub-Total $ PRICE $ 3,065.00 ~____19.70 3. L 3,650.00 $_ 2,865.00 ~_. 845.00 ~._.~~5.00 Sub- Total $ $ 2,500.00 $ 3,000.00 $ 2.60 AMOUNT $ 12.200.00 $ 2,375.00 $ I J 91. 00 122,927.80 AMOUNT $ 3,065.00 $ 6,461.60 $ 10,950.00 $ 2,865.00 $ 845.00 $ 335.00 24,521.60 $ 2,500.00 $ 3,000,00 $ 10,134.80 II Exhibit 3 II Page 2 of 4 Job No. 05-31 (: Fox wood Estates Phase III :orpus Christi rexas Page 3 DESCRIPTION UNIT QUANTITY PRICE AMOUNT Demolition LS $ .._.3,500.00 $ 3.500.00 Sub-Total $ 19.134.80 TYPE B ROADBED STRUCTURE (RESIDENTIAL COLLECTOR) DESCRIPTION UNIT QUANTITY PRICE AMOUNT Curb & Gutter L.F .'560 $ 9,50 $ 6.270.00 SIdewalk Sf; 2,715 $ 3,50 $ 9.502.50 8" Lime treated sub grade SY 1,306. $ 3.50 $ 4.571.00 (5% lime based on material weight of 100 Ibs/cf ~measured lip to lip of gutter) 9" Lime treated subgrade S.Y 293 $ 4.25 $ 1.245.25 (5% lime based on material weight of 100 lbs/cf (measured lip of gutter to 2' behind curb) 6" Thick Flexible base matenal SY ] .306 $ -"_._'--~._- 8.30 $ 1 0,839.80 (measured lip to lip of gutter) Prime Coat S.Y 1,306 $ 0.75 $ 979.50 Hot Mix Asphaltic Concrete S.Y 1,306. $ 8.50 $ 11.10 1.00 Pavement (2" thick) (min 220 lbs/sy) Sub- Total $ 44.509,05 DRAINAGE DESCRIPTION UNIT QUANTITY PRICE AMOUNT "'ype A Curb Inlet Ea. 2. $ 1,925,00 $ 3,850.00 Type B Junction Box Ea. 5. $ 2,630,00 $ 13.150 j I Exhibit 3 053] Ot(.xeslqtyphaselJl'~U6I11tran\ I~ I P~"p '), of 4 Job No. 05-310 Foxwood Estates Phase III Corpus Christi, Texas Page 4 DESCRIPTION UNIT QUANTITY PRICE AMOUNT 18" Rep Stoml sewel (Class III) i I I 8~ $ 28.00 $ 5.124.00 24" RCP Stom1 sewer (Class ill) L F 788 L~_35.00 $ 7,580.00 30" RCP Storm sewer (Class ill) L.F 183 $ 48.00 $ 8,784.00 Detention Pond L.S $ 6,000.00 $ 6.000.00 Concrete Slab (4" thick with 8" wide, 12" deep toewall) S.F 400 $ 4.50 $ 1.800.00 Sub- Total $ 66.288.00 Total Construction $ 277.381.25 ($277,381.25)(10%) $ 27.738.13 Grand Total $ 305,119.38 Please advise If additional mf;)rmation is desJred. a:c( ~~. A C. Frankson Registered Professional Engineer Texas Registration No. 22861 -......''''', _-~e. OF TEi~\\ ... ~~ .........;~.... ,.. -~.. * ...... . ....* .... ..... . t I fit'" \ * ~ ~....l.......................\... ~ ~ A.C.FRANKSON ~ ~~1~"".....22861."..:.:iiJ 't ~~(().... t\\; " I '("'t~~..:'" """''-''- Sincerely yours, II Exhibit 3 11 Page 4 of 4 111; ,l_" .,f~"Pi I( @:FlRsTNAnONALB~ First National Bank 1434 SPort Corpus ChristL Texas 78405 Irrevocable Letter of Credit No: 062206 June 22. 2006 BENEFICIARY: City of Corpus Christi POBox 9277 Corpus Christi, Texas 78469-9277 Attn: Director of Engineering Services CUSTOMER: Southside Ventures, L.P. 5749 La Costa Corpus Christi, Texas 78414 Attn: Patrick H Nolan AMOUNT: $305,119.38 EXPIRATION: 6-22-2007 Gentlemen: We hereby establish our irrevocable letter of credit in favor of the City of Corpus Christi for the account of Southside Ventures, LP, acting by and through Patrick H Nolan and Daniel E Caballero, authorizing Beneficiary to draw on First National Bank, Corpus Christi the amount of Three hundred five thousand one hundred nineteen dollars and 38/cents ($305,119.38), under Beneficiary's draft bearing the clause "Drawn under First National Bank Irrevocable Letter of Credit No. 062206, dated June 22,2006" and accompanied by all of the following documents: (1 ) The OIiginal of this Letter of Credit, and (2) The sworn affidavit of the City of Corpus Christi's City Manager, or his designee, stating the authority of the affiant to make the affidavit on behalf of Beneficiary and further stating as follows: "That Southside Ventures, LP has not installed the required hnprovements or vacated the plat of Southside Ventures, LP 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 Letter of Credit. i Exhibit 4 I This Irrevocable Letter of Credit is not transferable. Issuer hereby agrees with BeneficIary that upon presentment on or before 5 o'clock p.m., Corpus Christi, Texas. local time no later than June 22,2007, that drafts drawn under and in compliance wIth the tenns of this lnevocable Letter of Credit, Issuer will duly honor this Irrevocable Joetter of Credit Tbis Irrevocable Letter of Credit is guaranteed for one year from date of issuance, it must be automatically extended for additional periods of one year, and at one year intervals thereafter, until June 22, 2007, unless, at least 90 days prior to June 22, 2007, Beneficiary's City Manager notifies Issuer in writing by Certified Mall at the above address that Beneficiary has elected not to renew. Issuer sball send notice of tbe automatic extension to the City's Director of Engineering Services thirty (30) day prior to expiration of the then current Irrevocable Letter of Credit. Failure to recein tbe automatic extension or a substitute Irrevocable Letter of Credit 30 days prior to expiration of tbe tben current Irrevocable Letter of Credit constitutes a default upon whicb the then current Irrevocable Letter of Credit may be called in its entirety, even though not stated above as a specific event of default. 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 Letter of Credit IS referred to or to which this Irrevocable Letter of Credit relates, any such reference is not deemed to incorporate herein by reference any document, instrument, or agreement Issuer IS not a party to, or bound by the terms of any agreement between Beneficiary and Customer. Furthermore, Issuer shall honor this Letter of Credit without inquiring into the truth of the statements made in the sworn affidavit of Beneficiary which statements will be considered by Issuer to be determinative, conclusive and final. This Irrevocable Letter of Credit v,'lll be governed by the provisions of the Uniform Customs and practice for Documentary Credits (1994) Revision, International Chamber of Commerce Publication No. 500 to the extent not inconsistent with the laws of the State of Texas and more particularly with the provisions of Chapter 5 of the Texas Business and Commerce Code currently in effect. Sincerely First National Bank ~~~ ~~.~'^'~ /~ By: Steve R. Rodriguez \ Branch President ft '~.....--~ CITY OF CORPUS CHRISTI DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information Every question must be answered. If the question is not applicable, answer with "NA" FIRMNAME___5,v~sl{j< L/eVl rJrt: S STREET (90('L_.(,-t~\I~.1 _._ CITY: C('/I~j;; C~L"Sf.' ZIP: 7S"02- ~ // FIRM is 1 Corporatior. _ ,._ 2 Partnership ._~__ 3. Sole Owner 4. Association 5 Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1 State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Job Title and City Department (if known) tJ fA I 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Title f'l I It I 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name,_ 41t-, ___~__ ___ Board, Commission or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name N jrL__ Consultant -..-....... ._.-~---_..~._~^------ -- ._~--- ---_._.- CERTIFICATE I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: P"Tfl.. It.t.. 1-1. (Type or Print) Signature of Certifying Person Title: ~V'-t~e. ! !2.,.. fI.."''''''- u Date: t-l~/~(P 1\ Exhibit 5 II 17 AOENDAMEMORANDUM June 27,2006 AGENDA ITEM: a. Motion approving the Arterial Transmission and Grid Main Construction and Reimbursement Agreement submitted by the London Independent School District, owner and developer of Lot 1, London School TracIB. located on FM 43 approximately 8,000 linear feet west of the Intersection of SH 286 and FM 43 for the installation of 8 ,3~ linear feet of 16-inch C-905 PVC water arterial transmission main: and b. Ordinance appropriating $903,019.06 from the Arterial Transmission & Grid Main Trust Fund No. 209010-4030 to pay the London Independent School District reimbursement request for the installation of 8,394 linear feet of 16-inch C-905 PVC water arterial transmission main to develop Lot 1, London School Tracts; and declaring an emergency. 118UE: The London Independent School District, owner and Developer of Lot 1, London School Tracts, will stBrtthe installation of 8,394lnear feet of 16-inch C-905 PVC water arterial transmission main, once the City Council approves the Arterial Transmission and Grid Main Construction and Reimbursement Agreement and appropriates funds to pay for the installation from the Arterial transmission and Grid Main Trust Fund in compliance with the Platting Ordinance. NDATlON: Staff recommends approval of the motion and ordinance as presented. :1;' ~I N. ~~ ~~-"~ t.lchael N. Gunning, A.I.C.P. ry ncas Teniente, P.E. Acting Director of Development Services Assi nt Director of Development Services Abchments: Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Background Information Vicinity Map Project Map Application for Waterline Reimbursement Cost Estimate Transmission and Grid Main Construction and Reimbursement Agreement AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION BACKGROUND: The development and platting of the London School Tracts, Lot 1 (see Exhibit B) required a total extension of 8,394 linear feet of 16-inch PVC water grid main along the north side of FM 43. The proposed 16-inch water main begins at the existing 8- inch water line located at the intersection of SH 286 (Ayers) and FM 43 and extends along FM 43 to Lot 1. London School Tracts, (see Exhibit C). The London School, operated by the London Independent School District, is currently served by a 4-inch PVC line that connects to an existing City of Corpus Christi 8-inch water main at the corner of FM 43 and SH 286, The existing 4-inch water line provides potable drinking water to the school and residences served by the line. The 4-inch water line does not meet State criteria for minimum flow and fire flow required for publicly operated water lines. Fire flow is a primary concern and reason for this construction. The 16-mch water arterial transmission main is not identified on the City's 1997 Water Distribution System Master Plan at this time. The City Consultant, LNV Engineering, conducted a hydraulic modeling analysis. Based on the analysis, the resulting flows attained approximately 1226 gpm at 20 psi residual pressure. The City Water Distribution Standards require a minimum of 1500 gpm at 20 psi residual pressure for this land use. The Fire department has reviewed this data and granted a variance in compliance with Fire Code (14-108.1). The Developer submitted an Arterial Transmission and Grid Main Construction and Reimbursement Agreement (see Exhibit F) and supporting documentation in compliance with provisions of the Platting Ordinance. The application for the arterial transmission main reimbursement is attached (see Exhibit D). The total construction cost submitted by the developer for the installation of 8,394 linear feet of 16-inch C-905 PVC arterial transmission main is $903, 019.06 (see Exhibit E). Reimbursement would be payable upon completion and acceptance of the arterial transmission main work with the actual reimbursement to be determined based on the actual construction cost and not to exceed $903,019.06. II Exhibit A II Page 1 of 1 / J( ~~ ~ o~ ~ ~ ~ ~ ~ ~ ~ ----- ~ /' :d ,... ::I i ~ N SITE \i] LAURELES FARM TRACTS SECTION 0 SECTION 3 o LAURELES FARM TRACTS VICINITY MAp. 16-inch PVC Arterial Transmission Main LONDON I.S.D. I ExhibitS PrwfiorH by. Bo.s &- llfelsh Engineering JO~" So. Alameda St. Corpue Christi, lx. 78404 (361) 882-5521 (phone) 1'#11) AR? _ 1 ,)F;o::, If"",' Page 1 of 1 Job No: 04-045 Scole: 1 -=2000' Date: 3-22-06 Draw;i1g No: 0<<><45 Plotscole: 1: 1 . _. . 91. , I r --. "'\.. -" .' '\ . CIO o Z ~ B I J c: (f) .- CIII I- ~ U <{: . 1 c: n:: = .- l- f/} '- f/} I"") (f) = .- v e I- r. . f/} ~ () ..;l c: <{ "llt' f a:::: ~~ .-.--- --...- -~- .. ...-- .__n. __ __ .._._ ___ oe CIII ~ loe a:::: f/}~ ~ 8.< :at I"., (f) fu =-> w =- Z -1 0 W .= i= a:::: CJ c: () :::> .- w ~ Vl :5 ~ ---- ...- ~by. Boss &- WIIIsh Engineering 3054 SiD. Alameda St. Corpus Christi. lx. 78404 (361) 812-5521 (phone) (361) 882-1265 (fox) PROJECT MAP 16-inch PVC Arterial Trans. Main LONDON I.S.D. I exhibit C I Paae 1 of 1 Job No: 040.5 Sc~: '-"'000. Dotfl: 3-22 -06 Drowlng No: 0...()45 P1otscolfl: 1: 1 Sheet ~ of APPLICATION FOR WATER LINE REIMBURSEMENT l/We, London Independent School District. owner and developer of proposed London School Tracts Subdivision, hereby request reimbursement of $903,019.06 for the installation of the water grid main in ...:onjunction with London School Tracts Subdivision as provided for by City Ordinance No. 17092. Said $903,01906 is the construcrion cost, including 71/2% Engineering, in excess of the lot/acreage fee, as ,ho\\'n h the cost .)f Sllpportll1g documents attached herewith ~.2Hc2P~..~.. Charley McMath 1.,/1 S'1f) I, , , Date STATE ()} TEXAS S COUNTY OF NUECES S rhls instrument was acknowledged before me on Jim to 19/ 2006, by _ C~ It " / of. '/_1'1_~~ ~ f4, the said politidal subdivision . an officer of a Texas Political Subdivision on behalf of ~'1 ~ ~ ~ ~ "".....'~.I.'..............................,......,.....,.....,.....,.... . y, ~ ,a~ Notarv Public in and for eState of Texas ...- ...,NIl:..... .. .,t. . '17 "11-11-10 CER TIFl C,\TION rhe mformation submitted vvith thi~ application for reimbursement has been reviewed and determined to be correct. Reimbursement is subject to (a) Sufficiency of funds in the (Distribution Main)(Grid and Arterial Main) Trust Fund; and !b) Appropriation and approval by the City CounciL ~~~-4 velopment Services L ngmecr tb'-P/J-c6' Date II Exhibit D II Page 1 of 1 I COST ESTIMATE FOR REIMBURSEMENT I London Independent School Dlatrlc:t "Weber Road 16" Grid Main extension" 05123106 I II III IV V UNIT PRICE IN DIU BIC !TEM QTY & UNIT DESCRIPTION FIGURES (QTY X UNIT PRICE IN ~.^' '~~N -- : 10 EA 16" 8UTIERFLY VALVES 2337.00 23,370.00 - 16" WATER PIPE (PVC C 905 OR DUCTILE AWWA C151 _l 8394 LF ~'~.._-_.... 46.56 390 824.64 , , ~. .!+_~~~WATER PIPE (PVCI__ __._._ 40.36 4 036.00 ~..~__+_ __4.~~~~ 8" D I TEES_,... -"--'--""- 1 316.00 5 264.00 I , l '+ '" 16' !\ 12" CROSS 1 822.00 5 466.00 FIRE HYDRANT ASSEMBLIES (12"X6" REDUCER 6" 6' 4 EA GATE VALVE FH) 3 536.00 14 144.00 ~~=r-~ 394 LF ~. --.. . TRENCH SAFETY 2.00 16 788.00 - - ~.~+429 SY PAVEMENT REPAIR 46.00 19734.00 _'_--,_._--'-~ '4 LS TRAFFIC CONTROL DURING CONSTRUCTION 25 182.00 25182.00 l~---- ~,. 10 1 EA 16" 0.1. 11 1140 BEND 1 111.00 1111.00 ---'- -- -_.._.-- - _.11 1 EA 8" X8" TAPPING SLEEVE & TAPPING GATE VALVE 2 524.00 2 524.00 12 507 LF 36' X .5625 WALL CASING. OPEN CUT 177.60 90 043.20 ,......- 13 177 LF 36' X .5625 WALL CASING. BORED 352.60 62410.20 ,. 14 100 LF 18'XO.375 WALL CASING BORED 240.84 24 084.00 15 I 1 EA 16' X 16" CROSS 2 629.00 2 629.00 - f--' 16 9 EA 12' GATE VALVES 2.027.78 18.250.00 ! 1~ 2 EA 16' PLUG & TEST RISER 506.00 1.012.00 f--- - 18 8 EA 12' PLUG & TEST -..-.-..-..- 303.40 2,427.20 _.. 19 1 EA OZONE DAYS 2,000.00 2,000.00 ---- f--- -_.,~.-- 20 , EA 12'X4" REDUCER 607.50 607.50 -.-',- - 21 1 EA 4" GATE VALVE 507.50 507.50 --- I--- ----. LL 4 EA__ 16' )(12" TEE 1 317.00 5 268.00 -. --'-_.'-'-'-'~'-- - 23 4 EA 16' 0.1. 450 BEND 3013,00 12.052.00 -.,.-.-,.- 24 1 EA 8" PLUG & VEN1 -, 303.60 303.60 25 2 EA SERVICE CONNECTIONS (RESIDENTIAL NEARSIDE) 1 216.00 2 432.00 26 1 EA SERVICE CONNECTIONS (SCHOOL) 1 516.00 1 516.00 27 1 EA BONDS & INSURANCE 11 150.00 11 150.00 28 936 SF REMOVE & REPLACE CONCRETE SIDEWALK 6.94 6 495.84 DISPOSE OF CONTAMINATED SOIL, CLASS 1 NON _..?..~ __ 500 CY ~ZARDOUS _._.- 88.80 44 400.00 ~- -.-. FIVE PERCENT COST CONTINGENCY 39800.00 .. "-_ SUB-TOTAL $ 835,831.68 ENGINEERING 7% % $ 62,687.38 EASEMENT ACQUISITION: SURVEYING, DOCUMENT PREPARATION & NEGOTITIATlONS WITH OWNERS (4 $ 3,000.00 PAYMENT TO OWNERS $ 1,500.00 TOTAL $ 903,019.06 Exhibit E I Page 1 of 1 ARTERIAL TRANSMISSION AND GRID MAIN CONSTRUCTION AND REIMBURSEMENT AGREEMENT THE STATE OF TEXAS COUNTY OF NUECES This Arterial Transmission and Grid Main Construction and Reimbursement Agreement ("Agreement") is entered into between the City of Corpus Christi (hereinafter "City"), a Texas home-rule municipality, P.O Box 9277, Corpus Christi, Texas, 78469-9277, and London Independent School District, a Texas independent school district, 1306 FM 43, Corpus Christi Texas 78415 (hereinafter "Developer"). WHEREAS, Developer In compliance with the City Platting Ordinance, has filed a plat to develop a tract of land of approximately 2.861 acres called Lot 1, London School Tracts located on the north side of FM 43, west of the intersection of FM 43 and SH 286, as shown in the attached Exhibit 1: WHEREAS, under the Platting Ordinance, the Developer is responsible for construction of a 16-inch C-905 PVC arterial transmission main: WHEREAS, under the Platting Ordinance, the Developer is eligible for reimbursement of the Developer's costs for the construction of a 16-inch C-905 PVC arterial transmission main; WHEREAS, it IS essential that the 16-inch C-905 PVC arterial transmission main be constructed along FM 43, in connection with Lot 1, London School Tracts for it will provide future service connections to the north, south, east, and west; NOW, THEREFORE, for the consideration set forth hereinafter, the City and Developer agree as follows 1, REQUIRED CONSTRUCTION The Developer shall construct the 16-inch C-905 PVC arterial transmission main needed for Lot 1 London School Tracts in compliance with the City's Platting Ordinance and under the plans and specifications approved by the City Engineer. 2. PLANS AND SPECIFICATIONS a The Developer shall contract with a professional engineer, acceptable to the City's Director of Engineering Services, to prepare plans and specifications for the 16-inch C-905 PVC arterial transmission main, as shown in Exhibit 2, with the following basic design: (1) Install 1 0 (ten) 16-inch Butterfly Valves. II Exhibit F II 1 of 7 (2) Install 8,394 linear feet of 16-inch C-905 PVC Arterial Transmission Main (3) Install 100 linear feet of 12-inch PVC Water Main. (4) Install 4 (four) 16"x8" Ductile Iron Tee. (5) Install 3 (three) 16"x12" Cross. (6) Install 4 (four) Fire Hydrant Assembly Complete In-place. (7) Install 8.394 linear feet of Trench Safety. (8) Install 429 square yards of Pavement Repair. (9) Traffic Control During Construction. (10) Install 1 (one) 16-inch Ductile Iron 11-1/40 Bend. (11) Install 1 (one) 8"x8" Tapping Sleeve and Tapping Gate Valve. (12) Install 507 linear feet of 36"xO.5625 Wall Casing-Open Cut. (13) Install 177 linear feet of 36"xO.5625 Wall Casing-Bored. (14) Install 100 linear feet of 36"xO.375 Wall Casing-Bored. (15) Install 1 (one) 16"x16" Cross. (16) Install 9 (nine) 12-inch Gate Valve. (17) Install 2 (two) 16-inch Plug and Test Riser. (18) Install 8 (eight) 12-mch Plug and Test. (19) One (1) Ozone Day. (20) Install 1 (one) 12"x4" Reducer. (21) Install 1 (one) 4-inch Gate Valve. (22) Install 4 (four) 16"x12" Tee. (23) Install 4 (four) 16-inch Ductile Iron 450 Bend. (24) Install 1 (one) 8-inch Plug and Vent. (25) Install 2 (two) Service Connection (residential). (26) Install 1 (one) Service Connection (school). 2 of 7 (27) Bonds and Insurance (28) Remove and Replace 936 square feet Concrete Sidewalk. (29) Dispose of 500 cubic yards of contaminated soil Class 1, non- hazardous. (30) Five Percent Cost Contingency The 16-lnch C-905 PVC arterial transmission main will be constructed along the north side of FM 43. The 16-inch C-905 PVC arterial transmission main extends from the existing 8-inch water line at the intersection of FM 43 and SH 286. and extends approximately 8,394 linear feet along FM 43 to Lot 1, London School Tracts. b The plans and specifications shall comply with City Standard Water Detail Sheets and Standard Specifications. c Before the Developer begins construction, the plans and specifications must be approved by the City's Director of Engineering Services. 3. SITE IMPROVEMENTS Prior to construction of the 16-inch C-905 PVC arterial transmission main, the Developer shall acquire and dedicate to the City the required utility easement or right-of- way for the installation of the 16-inch C-905 PVC arterial transmission main. 4. PLATTING FEES. Developer shall pay to the City of Corpus Christi the required acreage fees and pro-rata fees as required by the Platting Ordinance. 5. DEVELOPER AWARD CONTRACT FOR IMPROVEMENTS. Developer shall award a contract and include within the contract that completion of the 16-inch arterial transmission main shall be constructed in accordance with the approved plans and specifications by May 31, 2007 6. TIME IS OF THE ESSENCE Time is of the essence in the performance of this contract. 7. THIRD-PARTY BENEFICIARY. Developer's contracts with the professional engineer for the preparation of the plans and specifications for the construction of the project, contracts for testing services, and with the contractor for the construction of the project shall provide that the City shall be a third party beneficiary of each contract. 3 of 7 8 PERFORMANCE AND PAYMENT BONDS. Developer shall require its contractor for the construction of the project, before beginning the work, to execute to Developer and the City a performance bond if the contract is in excess of $100,000 and a payment bond if the contract is in excess of $25,000 The performance and payment bond shall comply with Texas Government Code, Chapter 2253 and shall be in the form and substance as attached hereto. The performance and payment bond shall name Developer and City as joint obligees. 9. NOTICE. Should Developer fail to perform any obligation or duty of this agreement, the City shall give notice to Developer, at the address stated above, of the need to perform such obligation or duty, and should Developer fail to perform the required obligation or duty within 15 days of receipt of the notice, the City may perform the obligation or duty, charging the cost of such performance to Developer by reducing the reimbursement amount due Developer. Developer will pay to City the cost of such performance within 30 days from the date Developer receives notice of the cost of such performance. Notice required by the paragraph may be by United States Postal Service, First Class Mail, Certified, Return Receipt Requested, postage prepaid; by a commercial delivery service that provides proof of delivery, delivery prepaid; or by personal delivery. In the alternative, in the event of Developer's failure to cure any such breach after notice, the City may terminate this agreement. The provision for notice and cure contained herein shall not apply to a default under paragraph 7 hereinabove. 10. WARRANTY Developer shall have contractor execute a warranty of the workmanship of and function of the arterial transmission line and the construction thereof for a period of one year from and after the date of acceptance of the facilities by the City Engineer. Said warranty will be assigned and transferred to the City upon completion of this project. 11 REIMBURSEMENT a. The City will reimburse the Developer 100% of the cost of the 16-inch C-905 PVC arterial transmission main, upon satisfactory completion and testing in compliance with approved plans and specifications, not to exceed $903,019.06. See Cost Estimate attached hereto as Exhibit 3 b. The City further agrees to properly reimburse the Developer on a monthly basis and upon invoicing for work performed, tested and inspected. Such reimbursement shall be made no later than 30-days from the date of invoice. Developer is required to submit all required performance and payment bonds and proof of required insurance in accordance with applicable laws. The City agrees to conduct periodic inspections and approve the progress of the work at key points during construction. 4 of 7 c. The City will reimburse the Developer for expenses incurred for the preparation of plans and specifications for the 16-inch C-905 PVC arterial transmission main by the professional engineer hired by the Developer. However, the expenses may not exceed 7.5% of the costs of construction of the 16-inch arterial transmission main. 12. City agrees that it will not unreasonably withhold approval of the plans, progress, evaluations, or reimbursements under this agreement, upon verification of satisfactory inspection and testing results. 13. This agreement is a covenant running with the land, Lot 1, London School Tracts, a subdivision in Nueces County, Texas and shall be recorded in the Official Public Records of Nueces County, Texas 14. DISCLOSURE OF OWNERSHIP INTERESTS. Developer further agrees, in compliance with the City of Corpus Christi Ordinance No. 17112, to complete, as part of this Agreement, the Disclosure of Ownership interests form attached hereto as Exhibit 4. 15. EFFECTIVE This agreement becomes effective and is binding upon and shall inure to the benefit of the City and Developer, and their respective heirs, successors, and assigns from and after the date of execution 5 of? EXECUTED IN DUPLICATE originals, this day of ,2006. ATTEST CITY OF CORPUS CHRISTI By: Armando Chapa, City Secretary George K. Noe, City Manager APPROVED: ~oJb day of J) 11e..- By: ,2006 ~ G . Smith Assistant City Attorney for the City Attorney THE 8T A TE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on , 2006, by George K. Noe, City Manager, City of Corpus Christi, Texas, a Texas home-rule municipal corporation, on behalf of the corporation. Notary Public, State of Texas 6 of 7 DEVELOPER ATTEST: By: ~__~l'~ _ BY:~~ ~ London Independent School District 1306 FM 43 Corpus Christl, Texas 78415 THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on ~-( / 'f, ,2006, by Charles McMath, Superintendent of London Independent School District, on behalf of the school district. r....,....~~~=--~J ~. · ....MIc. ....... ~ ,....: lit r I ........ "'''''' , ,,~ """"""""""""'" '-1/.1- ~ Notary Public, State 0 Texas 7 of 7 ~.~ ~ o~ ~ ~ ~ ~ ~ ~ ~ ,/ ~ " :i ~ N SITE \a f ~ECTION 3 LAURELES FARM TRACTS VICINITY MAP ~ 16-inch PVC Arterial Transmission Main LONDON I.S.D. I Exhibit 1 I Page 1 of 1 Job Ne: 04-045 Scale: 1 -=2000' Dote: 3-22-0& Drowi.,!! No: 0+()45 Plotscole: 1 : 1 /1tepofIId by: Bo.. ct Welsh Engineering 30~" So. Alameda St. CorpUI Christi. lx. 76404 (361) 882-5521 (~ho~) Cl .- . ~ Cl = .. III .... lIrJ = .. (/) E J- r-..~ . u ~ Sl ~ < ~ e a:::: 0\ Eo- ___ ---... .t==-_u ~ _.. .._ oc'ii ~ 1...c a:::: -! ~ < . fu (/) Q. > W Q. --.J W .Cl a:::: ~ ::J .. :5 ~ ..- ~ ~ --. . CD I (f') l- (.) <( 0:::: I- ~o O::::z ~o t- - I ~ --- ----. ..-- z o ~ u w (/) f+eporwd by. Boss &- Wel.h Engineering 3054 So. Alameda St. Corpus Christi. lx. 78404 (361) 882-5521 (phone) (361) 882-1265 (fox) PROJECT MAP is-inch PVC Arterial Trans. Main LONDON I.S.O. I Exhibit 2 I paQe 1 of' Job No: 04045 ScokJ: '--1000. Dote: 3-22-06 Drvw/ng No: 0"()4! Plotscole: ,:, r-....__.. ~ ..... COST ESTIMATE FOR REIMBURSEMENT London Independent School Dhrtrlct "Weber Road 16" Grid Main Extenalon" 05123106 I II III rv v 810 ITEMI QTY '" UNIT DESCRIPTION UNIT PRICE IN (QTY X UNIT PRICE IN FIGURES _.~... 1 10 EA 16" BUTTERFLY VALVES 2337.00 23 370.00 16" WATER PIPE (PVC C 905 OR DUCTILE AWWA C151 .. .2.._ 6,394 LF &Cl04) _..- ......-.----"- 46.56 390 824.64 _2- 100 LF 12" WATER PIPE (PVC) 40.36 4 036.00 ._-----~ 4 4EA 16" X 6" 01 TEES 1.316.00 5,264.00 --- -~~- 3 EA 16" X 12" CROSS 1 822.00 5.466.00 FIRE HYDRANT ASSEMBLIES (12"X6" REDUCER, 6" 6 4 EA GATE VALVE, FH) 3 536.00 14144.00 ---- - 7 6.394 lF TRENCH SAFETY 2.00 16,788.00 6 429 SY PAVEMENT REPAIR 46.00 19734.00 -~f-- 1 LS TRAFFIC CONTROL DURING CONSTRUCTION 25182.00 25182.00 10 1 EA 16" 0.1. 11 114. BEND - 1111.00 1111.00 11 1 EA 6" xe" TAPPING SLEEVE & TAPPING GATE VALVE 2 524.00 2 524.00 12 507 LF 36" X .5625 WALL CASING - OPEN CUT 177.60 90 043.20 13 177 LF 36" X .5625 WALL CASING - BORED 352.60 62410.20 14 100 LF 16"XO.375 WALL CASING - BORED 240.84 24 084.00 15 1 EA 16" X 16" CROSS 2 629.00 2,629.00 16 9 EA 12" GATE VALVES 2027.78 18 250.00 17 2 EA 16" PLUG & TEST RISER 506.00 1 012.00 18 8 EA 12" PLUG & TEST 303.40 2.427.20 19 1 EA OZONE DAYS 2 000.00 2.000.00 20 1 EA 12"X4" REDUCER 607.50 607.50 21 1 EA 4" GATE VALVE 507.50 507.50 22 4 EA 16"X12" TEE 1.317.00 5 268.00 - 23 4 EA 16" 0 I 45. BEND --~-- 3 013.00 12052.00 -"--..- 24 1 EA 8" PLUG & VENT 303.60 303.60 -- 25 2 EA SERVICE CONNECTIONS (RESIDENTIAL NEARSIDE) 1.216.00 2 432.00 - 26 1 EA SERVICE CONNECTIONS (SCHOOL) 1 516.00 1 516.00 27 1 EA BONDS & INSURANCE 11150.00 11.150.00 26 936 SF REMOVE & REPLACE CONCRETE SIDEWALK 6.94 6 495.84 DISPOSE OF CONTAMINATED SOIL, CLASS 1 NON 29 500 CY HAZARDOUS 88.80 44400.00 30 FIVE PERCENT COST CONTINGENCY 39,800.00 SUB-TOTAL $ 835831"68 ENGINEERING 7% % $ 62 687.38 EASEMENT ACQUISITION: SURVEYING. DOCUMENT PREPARATION & NEGOTlTIATlONS WITH OWNERS (4 $ 3,000.00 PAYMENT TO OWNERS $ 1,500.00 TOTAL $ 903,019,,06 Exhibit 3 Page 1 of 1 Ii9i1 ~ CITY OF CORPUS CHRISTI DISCLOSURE OF INTERESTS City of Corpus Christi ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information Every question must be answered If the question is not applicable, answer with "NA". FIRST NAME __ L O'YI d Q'v1.. (h 4 (. jJ ~d ud- 5 d 00 ( (/) I i'f.r I ",f ! STREET ~o_~_FrrJ._!f3-___n__.._____ CITY Cti"'t'PVS CAoS1-,' ZIP: r FIRM IS 01 Corporation 02 Partnership 03 Sole Owner 04 Association ps. Other DISCLOSURE QUESTIONS 78L/ 15' GtN~ If additionat space IS necessary, please use the reverse side of this page or attach separate sheet. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm" Name Job Title and City Department (if known) . _ __lljlt .. _.______.. L 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 jJ fA Title 3 State the names of each "board member' of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm" Name Board, Commission, or Committee N/If I 4 State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and h~s an "ownership interest" constituting 35 or more of the ownership in the above named "firm" Name Consultant /II / /1 f CERTIFICA TE t certify that all information provided is true and correct as of the date.of this statement, that I have not knowingly withheld disclosure of any information requested: and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur Certifying Person C ha...../-ty 11 c jVl'if(A. (Type or Print) It / _ _ .~ Signature of Certifying Person: ~~.........,.~ Date: .5 elf) '(;f'rJ-ktt d eMt f l{ ( /3jb ~ 'I Exhibit 4 I Page 1 of 1 Title: PER FOR MAN C E BON D STATE OF TEXAS S KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES S THAT f County, "oxas, ,e einafrel c'illed !lp: lcipal', and__~__ a 't-pora' i~n organ zej undf~r rll'" laws f the State of 1 d u I "' u + h:: ; zed t d:: L' u ~-l n e s s in the State of Texas, hereinafter -dledS ret (', u, held and firml]' bound unt (name of developer and e'::Ja1 siar, us; ie cOlporat::on" hereinafter called "Developer' I, the City CorI-~' ('In ii:.Ot _, a mULJ..'C l.~al corporal ion of Nueces County, Texas, hereinafter';al}ei City", the penal sum of ($) DOLLARS, lawful ley c' 'he JLlti'd3tate~;> be paid in Nueces County, Texas, for the pcCt(ment or which surn well and truly t) be made we bind ourselves, our '1,0 l rs > )-,'c:cu t. H;=, acmini 8t Cd t 't'S an,,] s~ccessors, jointly and severally, rmly these pceEents: THE CONDITION OF THIS OBLIGATION IS SUCH THAT: Whereas, the prIncipal entered into a certain contract with Developer, dated the of 20 a C')j::-, f,,,hier S ''iF'reto attached and made a part hereof, for he constructLC! f NOW, THEREFORE, if the pnncipal shall faithfully perform said work L, accordance with the plans, specif ications and contract documents, L::ludin<=:: any changi's, exteu; ions, 1 guaranties, and if the principal shall repail and!~r repla~e .111 defects due to faulty materials and/or NcrkmanslJip tnat appear w thi! a period of one 1) year from the date of -":;mplet c and acc'~ptanoe ,;f improvements by the City, then this tligatJ: shall be ifoJd, ot l.erwise te' remain in full force and effect. PROVIDED FURTHER, 'C'l1ue S1d 1 r ue th-3.t f any leqal action be filed on this bond, e~ -, _, : -_' J y, Tc'xas. And that f3dl :1mrecy f value received hereby stipulates that no :hange, extensi on 0 t timE a] t erat ion or addition to the terms of the :ontract, Ol ~'- _he 'dork performed thereunder, or the plans, specificat ion.3, dt-awings e'(>, accompanying the same shall in anywise 3ffect dE ()bllgati(n on thi~3 bond, and it does hereby waive notice of any such (_'hange, '~xt ensio;l of time, al teration or addition to the terms of the contract, or to the work to be performed thereunder. ThlS bonj is 9 ven t meet the requirements of Chapter 2253, Texas Performance Bond Page 1 of 2 (j\le.rnrne 11 elF-:: ~n other ~ppLicable statutes of the State of Texas. The.lnden3 igne J. agent .3 hereby designated by the Surety herein as the Ageo' Re~ident n Nue'e;; mnty to whom any requisite notices may be deliverea ana )0 whom servicE of process may be had in matters arising t of 'lch sl.n~t'.ship ae: rovided Art 7,19-1, Vernon's Texas sural L"'~~ (")ae IN WITNESS WHEREOF, ~h p of ~ ~ S-i 'e ie~me instrument is executed in 4 copies, each day of ", }]qJ!.3. hi,. the PRINCIPAL By Print Name & Title) ATTEST Secret~ar y Print Name) SURETY By: Attorney in fact Prillt naTTIP' The Resident Agent of the Surety in Nue~e~_County, Texas, for delivery of notice and service of process is: Agency: Contact Person Address: Phone Number: (NOTE: Date of P.,rf"F'nance Bond nus! 'r be prlor to date of ~ontract) (Revised '~/')2\ Performance Bond Page 2 of 2 PAY MEN T BON D STATE OF TEXAS ~ KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES ~ THAT of County, ,"xas heLeinaft:'=l c-tlled "Principal", dnd________ , a ~porat 1n cgan ZEJ undc,r :-he laws of the State of li dul .,ut h=l z-::d tc de LU~'Lness in the Stat e of Texas, hereinafter aIled SJrety" an held and firmly bound unto (name of developer and eqal i:::t,=,+us, 1e clrporatior: "Developer" and the City of Corpus '::hrist i :::( rnunlclpa corfiura': on of Nueces County, Texas, hereinafter alled "City", and mto all persons, firms and corporations supplying :llJor ane mat:er idlE In pro:::ecution f the work referred to in the a 'ached "::mtract, 1 the penal sum of_($) DOLLARS, lawful money of the - j 1_ ted t a tes c b, paie: in Nueces County, Texas, for the payment of which sun well and trul" tn be made we bind ourselves, our heirs, ~;x"'::;uto 18 adminiE;tl1tors a.pd ,3uccessors,i oint 1 y and severally I firmly these ;:::;resents THE principal lay CONDITION OF THIS OBLIGATION IS SUCH THAT: Whereas, the entered into a ce1tain contract with the Developer, dated the 20 a copy of which is hereto attached and made a part hereof, f r t he cons truct or (If: NOW, THEREFORE, if the principal shall faithfully perform its duties rtTV::i maKE prompt ! iayment all persons, firms, subcontractors I 0orpora ions and laimants supplying labor and material in the prosecution of the work provided for in said contract and any and all July authorized mod fication of said contract that may hereinafter be made, not ice of which moclification to the surety is hereby expressly waived, then thlS otliqat or shall be void; otherwise to remain in full ,rce aId ef fi-=(,t PROVIDED FURTHER, that f any legal action be filed upon this bond, '"',,,nue sna 11 l1-e iT: Nueces County, Texas. AnJ that sail iurety fn; value received hereby stipulates that no 'I1ange, extension 0 time, al teration or addition to the terms of the ::ontrac, or 1:0 '~he work performed thereunder, or the plans I specifications, drawings, etc., accompanying the same shall in anywise affect Lts obligation on thls bond, and it does hereby waive notice of any such change extension elf time, alteration or addition to the terms the '011tra(::t "r ':_0 Lr,,: w:: rk to be performed thereunder, ThLS bond:.s gJ len te) meet the requirements of Chapter 2253, Texas Payment Bond Page 1 of 2 ,cvernmen c~he terns dc'cordan 'P '(,de, , (~l a wit aLd other applicable statutes m'ln'" "Labat" and "MaterJal" and as defi~e in saId ArtIcle of as the State of used here in Texas. are In The Ilnderslgnei agent IS hereby designated by the Surety herein as , ne Agen' Resicient n Nue e,; :ounty tc whom any requisite notices may be plivelei anc,n whom Se)Vl E' of process may t,e had in matters arising t')flCh s rpt';shJE' as rovided by Art 7.19-1, Vernon's Texas nsurar :,0 Code IN WITNESS WHEREOF, t:hu: 1nstrument is executed In 4 f ,: C s!'3.1L lede>::mejillO} cpnaJ, hiE" the :2 copies, each day ()f PRINCIPAL By: (Print Name & Title ATTEST Secretary (Print Name) SURETY By: At torney. in.. fact Frl The Resident Agent of the Surety in 1!ueces _County, Texas, for delivery of notice and service of process is: Agency; Contact Person: Address; Phone Number: NOTE: I>ate of_ Ia}'mell E 'Dd "T)11St IV t Revised) 2. I pri"l 0 dale of cont ract) Payment Bond Page :; of :; AN ORDINANCE APPROPRIATING $903,019.06 FROM THE ARTERIAL TRANSMISSION AND GRID MAIN TRUST FUND NO. 209010- 4030 TO PAY THE LONDON INDEPENDENT SCHOOL DISTRICT REIMBURSEMENT REQUEST FOR THE INSTALLATION OF 8,394 LINEAR FEET OF A 16-INCH C-905 PVC WATER ARTERIAL TRANSMISSION MAIN TO DEVELOP LOT 1, LONDON SCHOOL TRACTS; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS: SECTION 1. That $903,019.06 from the Arterial Transmission and Grid Main Trust Fund No. 209010-4030 is appropriated to pay London Independent School District's reimbursement request for the installation of 8,394 linear feet of a 16- inch C-905 PVC water arterial transmission main to develop Lot 1, London School Tracts SECTION 2. That upon written request of the Mayor or five council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency this the 2th of June. 2006 ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Henry Garrett Mayor Approved as to form June 22. 2006 By ~tU ~ a W Smith Assistant City Attorney For City Attorney H:LegDlrgwS\agenda\200h 06-27 r llOdon -;('hoo\ 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 City of Corpus Christi Council Members The above ordinance was passed by the following vote: Henry Garrett Brent Chesney Melody Cooper Jerry Garcia Bill Kelly Rex A. Kinnison John E. Marez Jesse Noyola Mark Scott H 1 egDlrL'W,\agenda'2006\Oh~'" ! .mdon \chocd 18 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: June 27, 2006 AGENDA ITEM: Ordinance authorizing the City Manager or his designee to execute a long-term lease agreement, five (5)years, with San Antonio MTA, L.P. D/B/A Verizon Wireless to construct, maintain and operate a sixtr foot (60') high monopole type tower for use in connection with providing communications services at tie Corpus Christi International Airport in consideration of an annual rental fee and extended automatic rental terms being three (3) successive periods of five (5) years each; and providing for publication ISSUE: Vertzon Wireless approached Airport staff last year wanting to locate a 60' monopole tower on the east side of the terminal building to improve their communication network in the airport and the surrounding area The original lease term is for five years, with three (3) automatic five year renewals. The Airport willl80eive $66,000.00 for the first five year term, $75,900.00 for the first renewal period, $87,285.00 for the second renewal period, and $100,378.00 for the third renewal period, for a total of $329,563.00 in revenue during the lease terms. REQURED COUNCIL ACTION: COWldI approval is required on all Ordinances and lease agreements. PREVIOUS COUNCIL ACTION: No previous action has been taken FUNDING: None COIClUSION AND RECOMMENDATION: The Airport Board and staff recommend acceptance of the ordinance as presented. &~~ Department Head Signature Attamments: None BACKGROUND INFORMATION Verizon Wireless approached the Airport in early 2005, desiring to place a 60' monopole tower at the Airport to improve their communication net'oNork in the area surrounding the Airport. We began n~ons with them in mid 2005. Since then we have received the Federal Aviation Administration appllOV81 based on an Aeronautical Study completed by Verizon Wireless in March, 2005. Verizon WirelelS also completed an Interference Study last month which indicated there was no interference between current communication systems at the Airport and the communications on the tower Verizon is proposing to install. AN ORDINANCE AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A LONG-TERM LEASE AGREEMENT, FIVE (5) YEARS, WITH SAN ANTONIO MTA, L.P. D/B/A VERIZON WIRELESS TO CONSTRUCT MAINTAIN AND OPERATE A SIXTY FOOT (60') HIGH MONOPOLE TYPE TOWER FOR USE IN CONNECTION WITH PROVIDING COMMUNICATIONS SERVICES AT THE CORPUS CHRISTI INTERNATIONAL AIRPORT IN CONSIDERATION OF AN ANNUAL RENTAL FEE AND EXTENDED AUTOMATIC RENTAL TERMS BEING THREE (3) SUCCESSIVE PERIODS OF FIVE (5) YEARS EACH; AND PROVIDING FOR PUBLICATION. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS. THAT: SECTION 1. The City Manager or designee is authorized to execute a long-term lease agreement, five (5) years, with San Antonio MTA, L.P. d/b/a Verizon Wireless to construct maintain and operate a sixty foot (60') high monopole type tower for use in connection with providing communications services at the Corpus Christi International Airport in consideration of an annual rental fee and extended automatic rental terms being three (3) successive periods of five (5) years each. 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. ORD 4 Lease with Verizon.lIa 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 Rex A. Kinnison 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 day of ,2006 ATTEST Armando Chapa, City Secretary Henry Garrett, Mayor LEGAL FORM APPROVED ~(A.\t\Q _ -Z \ J 2006 By: ~..fMo Jf\..- ~~y E. ~;n- ~ ~ Assistant City Attorney ORn 4 Lease with Verizon.lla 19 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: June 13. 2006 AGENDA ITEM: An ordinance amending the Code of Ordinances, City of Corpus Christi, Chapter 55, regarding collection for unauthorized utility usage: providing flJf severance; and providing for publication. ISSUE: The City has experienced unauthorized use of services on accounts that have been disconnected for non-payment. Current City code states that in the event service has been disconnected by the City on a certain property and service is then turned on without authorization, the record owner of the property is responsible for the usage during this period of unauthorized usage. This amendment would allow the property owner to provide the Utilities Business Office with documentation to confirm the identification of the unauthorized user of the City utilities, such as a Signed lease and venfiable driver's license number of the unauthorized user. Upon receipt of proper documentation, the City would transfer the appropriate balance to the unauthorized user. REQUIRED COUNCIL ACTION: Approval ofthe Ordinance as amended. PREVIOUS COUNCIL ACTION: · August 2. 1972 - Ordinance No. 11009 adopted Section 38-6 K of the City Code of Ordinances stating that property owners were responsible for unauthorized utility usage at their property (Section 38-6 was later moved to Section 55-33). · December 16.2003 Ordinance No. 25593 was adopted which amended Section 55-33 (a) to include language fonnerly located in Section 55-34. CONCLUSION AND RECOMMENDATION: Staff recommendation is to adopt ordinance to provide that if property owner can provide documentation to confirm identification of unauthorized user of City utilities, then balance shall be transferred to that person. L ,or~ Cindy O'Bri~ Director of Financial Services Attachments: Background Information Ordinance BACKGROUND INFORMATION When utility services are requested by a customer, an application is taken and an account is established. If the account becomes delinquent after a period oftime and collection efforts are not successful. the water and gas meters are locked to prevent further use of city services without payment (unauthonzed usage - UU). The account is then terminated on the system and becomes "inacti ve" If usage IS detected after the account IS no longer "active", the Utilities Business Office must research to find the owner of the property who is responsible for this usage as defined by City Ordinance Section 55-33 The owner is then billed for the measured usage of water and/or gas which is being used illegally. A UU campaign was started in 2005, and became fully activated in December 2005, resulting in the billing of 909 accounts to property owners for a total of $223,262.10. This billing represented billings of some accounts for multiple months of usage. Since then, the amounts billed have tapered off, reflecting more of an average monthly amount of unauthorized usage. as follows: January February March April May 352 accounts $74,976.48 259 accounts $42,241.88 122 accounts $25,590.14 82 accounts $16,256.19 84 accounts $16,987.63 In order to initiate this campaign, the UU utility bills were sent directly to the identified property owners. To be more sensitive to the property owners, many of whom were unaware that their tenants were delinquent in their utilities payments, it was determined that the Utilities Business Office would send a letter to the landlord/owner of the property notifying them when unauthorized use of city services IS detected prior to actually billing the account. This gives the landlord/owner time to investigate (get in touch with tenants requesting them to set up an account in their name or evict tenants who choose not 10 take responsibility for utilities) prior to actually receiving a bill for services. If a valid tenant can not be identified within 10 days, then the Utilities Business Office issues a bill to the property owner of record. It is the objective ofthe Utilities Business Office to account for every property using city services by having an "active" account in the name of either the landlord/owner or the tenant. This amendment would clarify the responsi bility for unauthorized usage of city utilities services. AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, CHAPTER 55 REGARDING COLLECTION FOR UNAUTHORIZED UTILITY USAGE; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Sec. 55-33. Discontinuance of service. (a) If water or gas service is discontinued by the city on a certain property and service is then turned on without authorization, the record owner of the property involved is responsible for any water and gas metered during the period water and gas usage are unauthorized. However, if the property owner provides Utilities Business Office with documentation to confirm identification of an unauthorized user of City utilities, such as siQned lease and verifiable driver's license number of the unauthorized user, then the City shall transfer the balance to the unauthorized user. (b) When any customer of the city department of public utilities purchases any article from the city or is indebted for any appliance, connection or service anywhere in the city and the Indebtedness or any installment is delinquent, the services of the customer may be disconnected at the location of the article or appliance and not reconnected until all delinquencies including penalties and reconnection charges have been paid and the account restored to a current nondelinquent status 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. ORDFRAME DOC 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. This ordinance takes effect immediately upon publication. OROFRAME.DOC 2 1 That the foregoing ordinance was rea reading on this the ~~ day of __ Henry Garrett Brent Chesney for the first time and passed to its second ,2006, by the following vote: ~ ~ ~ John E Marez Jesse Noyola Melody Cooper Rex A. Kinnison B1II Kelly --9ff-- ~-~ 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 Brent Chesney John E. Marez Jesse Noyola Melody Cooper Rex A. Kinnison Jerry Garcia Mark Scott Bill Kelly PASSED AND APPROVED, this the __ day of ATTEST ,2006. Henry Garrett Mayor Armando Chapa City Secretary APPROVED*~ ~ ti../vV'- k JJ-.._ Lisa Aguilar LJ Assistant City Attorney for City Attorney ,2006 Two reading ordinance vote sheet doc ...' 20 AGENDA MEMORANDUM June 27, 2006 SUBJECT: Stone Henge Street Disposition of Surplus Property (J. Buentello) AGENDA ITEM: A. Public Hearing to consider abandoning and vacating a parcel of unimproved street right-of-way containing 2,456 square feet out of the Plat of Brighton Village Unit 4 Subdivision, Nueces County, Texas, and located on Stone Henge Street east of Sterling Drive, in connection with the Realignment of Stone Henge Street. B. Ordinance abandoning and vacating a parcel of unimproved street right-of-way containing 2,456 square feet out of the Plat of Brighton Village Unit 4 Subdivision, Nueces County, Texas, and located on Stone Henge Street east of Sterling Drive, in connection with the Realignment of Stone Henge Street. c. Ordinance declaring as surplus property a parcel of land containing 2,456 square feet out of the Plat of Brighton Village unit 4 Subdivision, Nueces County, Texas, and located on Stone Henge Street east of Sterling Drive, in connection with the Realignment of Stone Henge Street. D. Ordinance approving the conveyance of a parcel of surplus property containing 2,456 square feet remaining from the Realignment of Stone Henge Street, to the adjacent property owners. Jesse and Celina Buentello, in exchange for their perpetual maintenance of the property, and authorizing the City Manager or his designee to execute a quitclaim deed for the property; and declaring an emergency. ISSUE: The plat for Brighton Village Unit 4 was filed for record in 1984 with Stone Henge Street as a dedicated public right of way. The location of the Boardwalk Unit 2 Subdivision west of Brighton Village Unit 4 required the realignment of Stone Henge Street as it continued westerly from Brighton Village Unit 4 into the Boardwalk Unit 2 Subdivision. Excess right of way was identified and is being considered to be sold and conveyed to the adjoining property owner. As compensation to the City for this parcel, the landowner will provide perpetual care and maintenance of the property. In addition to the conveyance, the City will re-plat each property to include the newly added surplus property. To begin the process of conveyance, a public hearing will be held to vacate and abandon the parcel of right of way. Once the parcel is declared surplus property it will be conveyed to the adjacent landowner by Quitclaim Deed. For purposes of producing clear title and a correct lot description, the City will re-plat the property for the landowners. The re-plat map will contain a new lot number that will include the newly added surplus property. 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 jL",v/J? ~ 1/2~'; '~el'R. Escobar, P. E. Director of Engineering Services Attachments: Exhibit A. Background Information Exhibit B Council Exhibit (R.O.W. to Vacate & Abandon) H:\HOME\EUSEBIOG\GEN\Agenda Items\Stonehenge ROW Conveyance.Buentello\Agenda Mem.Buentello.doc _.... .--.....-..,,--.,,-......- _. -.. .--... --- ..~...._-_. -"-"._-_. ---....-.,- BACKGROUND INFORMATION SUBJECT: Stone Henge Street Disposition of Surplus Property (Buentello) PRIOR COUNCIL ACTION: 1. February 22. 2005: Ordinance authorizing the City Manager, or his designee, to execute a Participation Agreement with Onac Developers, Inc., owner and developer of The Boardwalk Unit 2 Subdivision, site of the new southside elementary school for public street improvements on Boardwalk Avenue and Stone Henge Drive, an urban street abutting a dedicated public park, in accordance with the Platting Ordinance, not to exceed $106,031.21 for City's share of costs of the improvements; and declaring an emergency. (Ordinance No. 026160). FUTURE COUNCIL ACTION: None OVERVIEW: Backaround: Stone Henge Street, located in Brighton Village Unit 4, was realigned to match up with Boardwalk Avenue located in the new Boardwalk Unit 2 Subdivision. As a result of this realignment, excess street right of way developed along the south side of two properties located between Sterling Drive and Derby Drive as shown on the attached Exhibit B The owners of these properties have requested that the City convey this excess land to them. City staff has determined that it is in the best interest of the City to convey these two parcels in exchange for the property owner's perpetual care and maintenance of the properties To commence the conveyance process, a public hearing will first be held to consider closing and vacating each parcel of land. The two parcels will then be declared as surplus properties and finally will be subsequently conveyed by Quitclaim Deed to the adjacent property owners, The entire area conveyed will be retained as a Utility Easement to accommodate existing utilities. For purposes of producing clear title and a correct lot description. the City will re-plat the property for the landowner at no cost to them H:\HOME\EUSEBIOG\GEN\Agenda ltems\Stonehenge ROW Conveyance.Buentello\Background.doc EXHIBIT A PARCEL LOCA nON r-- i ---- --- ct: C:l () <: ::J ~ ..... -l NEW '>TREET ROW !;'I.-"5 ".r;c~c(;,~t.:.{),-,,_l"I ~- CORPUS CHRISTI BAY NOT TO SCALE LOCA TION MAP , " Q: a )... Q) eJ CJ STONE HENGE Sf PARCEL TO BE VACATED PARCEL TO Bf VACATED (BUENTELLO) (PEREZ) CITY PARK VICINITY MAP NOT TO SCALf STONE HENGE STREET R.O.W. TO VACATE & ABANDON l- V) ~ 2 Q ~ ~ G o Q:: Q) ~ N ~ EXHIBIT "8" CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI. TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 05-10-2006 ~ -- - - - - ~ ...,., ~':'~~~;,~-"::~,--.c----'- AN ORDINANCE ABANDONING AND VACATING A PARCEL OF UNIMPROVED STREET RIGHT-OF-WAY CONTAINING 2,456 SQUARE FEET OUT OF THE PLAT OF BRIGHTON VILLAGE UNIT 4 SUBDIVISION, NUECES COUNTY, TEXAS, AND LOCATED ON STONE HENGE STREET EAST OF STERLING DRIVE, IN CONNECTION WITH THE REALIGNMENT OF STONE HENGE STREET WHEREAS, there is an 2,456-square foot portion of unimproved street right-of-way out of the Plat of Brighton Village Unit 4 Subdivision, Nueces County, Texas, and located on Stone Henge Street east of Sterling Drive, that is not needed for the Realignment of Stone Henge Street 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 of Corpus Christi to abandon and vacate said portion of the unimproved street right-of-way for all purposes subject to the provisions below NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. That the 2,456-square foot portion of unimproved street right-of-way out of the Plat of Brighton Village Unit 4 Subdivision, Nueces County, Texas, and located on Stone Henge Street east of Sterling Drive, is abandoned and vacated for public use as street right-of-way, subject to Owner's compliance with the following specified conditions as part of the abandonment and vacation: 1. Fair market value is waived because Owner will be providing perpetual maintenance of the property 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 of construction, an up- to-date survey abstracted for all easements and items of record, must be submitted to the Director of Development Services. 3. Owner must comply With all the specified conditions of the ordinance within 180 days of Council approval: however, the Director of Development Services may extend the time limit for an additional 180 days if extenuating circumstances outside the Owner's control necessitate an extension. H:\LEG-DIR\ V eronicaO\ENUINEERING\Abandon & Vacate ORD\06.YO.ORD.StoneHenge.Ab& Yac-2,456sqft doc 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 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 day of ,2006. ATTEST- THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Henry Garrett Mayor Approved as to form: 05 June 2006 I , D\ /. BY~VI"f\w}~ V~ Veronica Ocanas Assistant City Attorney For City Attorney H:\LEG- DIR \ VeronicaO\ENG INEERING\Abandon & Vacate ORD\06. VO.ORD.StoneHenge.Ab& Vac-2,456sqft doc ORDINANCE DECLARING AS SURPLUS PROPERTY A PARCEL OF LAND CONTAINING 2,456 SQUARE FEET OUT OF THE PLAT OF BRIGHTON VILLAGE UNIT 4 SUBDIVISION, NUECES COUNTY, TEXAS, AND LOCATED ON STONE HENGE STREET EAST OF STERLING DRIVE, IN CONNECTION WITH THE REALIGNMENT OF STONE HENGE STREET. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. That the 2,456-square foot parcel of unimproved street right-ot-way out of the Plat of Brighton Village Unit 4 Subdivision. Nueces County, Texas, and located on Stone Henge Street east of Sterling Drive, is declared surplus property, being a remainder trom the Realignment of Stone Henge Street. H'\LEG-DIR 'VeronicaO\ENGINEERING v\bandon & Vacate ORD\06, VOORD-StoneHenge-2456sqft-SurPty.doc That the foregoing ordinance was read for the first time and passed to its second reading on this the _ _u_ day of ____ ,2006, by the following vote: Henry Garrett Rex A. Kinnison Brent Chesney John Marez Melody Cooper Jesse Noyola Jerry Garcia Mark Scott Bm 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 as to form 05 June 2006 By: ~ ljU\A(A0u4___~ Veronica Ocanas Assistant City Attorney For City Attorney H :\LEG- DIR\V eronicaO\ENG INEERING\Abandon & Vacate ORD\06. VO.ORD-StoneHenge-2456sqft-SurPty .doc AN ORDINANCE APPROVING THE CONVEYANCE OF A PARCEL OF SURPLUS PROPERTY CONTAINING 2,456 SQUARE FEET REMAINING FROM THE REALIGNMENT OF STONE HENGE STREET, TO THE ADJACENT PROPERTY OWNERS, JESSE AND CELINA BUENTELLO, IN EXCHANGE FOR THEIR PERPETUAL MAINTENANCE OF THE PROPERTY, AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A QUITCLAIM DEED 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 2.456 square feet remaining from the realignment of Stone Henge Street, as shown on the attached Exhibit, as surplus property, and that the City Manager, or his designee, IS authorized to execute a quitclaim deed to the adjacent property owners in exchange for their perpetual maintenance of the property. fj '\LEG-DIRVeronicaO\ENGJN EERING' Abandon & Vacate ORD\06.YO.ORD.StoneHenge.SaJe-2456sqft.doc 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 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 __ day of ,2006. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Henry Garrett Mayor Approved as to form: 06 June 2006 .^f < Q / By: V "trtVt ()L; .0JUri Veronica Ocanas Assistant City Attorney For the City Attorney H\LEG-DI R\ V eronicaO\ENG JNE ERlNG\Abandon & Vacate ORD\06. VO .ORD.StoneHenge.Sale-2456sqft.doc counci/exhibits exh6266dc6267 c. dw PARCEL LOCA nON r----- I ! : \- Q:: a () ~ ;;:: ::J --~- ~ U) ( _0---_\ " r----- ! CORPUS CHRISTI BAY ~ N NOT TO SCALE LOCA TlON MAP CITY PARK r----- ~ I ; ~ Q:: a >- co f5 a ,- '- STONE HENGE ST '. I \ N~ Sffi:::o-~, VAWW\--C' VA~~D (BUENTELLO) (PEREZ) f0- CI) ~ e CL ::E ~ G ~ CO NOT TO SCALE VICINITY MAP EXHIBIT -B" CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 05-10-2006 i -- - - - - - STONE HENGE STREET R.O.W. TO VACATE & ABANDON 21 AGENDA MEMORANDUM June 27, 2006 SUBJECT: Stone Henge Street Disposition of Surplus Property (E. Perez) AGENDA ITEM: A. Public Hearing to consider abandoning and vacating a parcel of unimproved street right-of-way containing 822 square feet out of the Plat of Brighton Village Unit 4 Subdivision, Nueces County, Texas, and located on Stone Henge Street at Derby Drive, in connection with the Realignment of Stone Henge Street. B. Ordinance abandoning and vacating a parcel of unimproved street right-of-way containing 822 square feet out of the Plat of Brighton Village Unit 4 Subdivision, Nueces County, Texas, and located on Stone Henge Street at Derby Drive, in connection with the Realignment of Stone Henge Street. C. Ordinance declaring as surplus property a parcel of land containing 822 square feet out of the Plat of Brighton Village unit 4 Subdivision, Nueces County, Texas, and located on Stone Henge Street at Derby Drive, in connection with the Realignment of Stone Henge Street. D. Ordinance approving the conveyance of a parcel of surplus property containing 822 square feet remaining from the Realignment of Stone Henge Street, to the adjacent property owner Eduardo Perez, in exchange for his perpetual maintenance of the property, and authorizing the City Manager or his designee to execute a quitclaim deed for the property: and declaring an emergency. ISSUE: The plat for Brighton Village Unit 4 was filed for record in 1984 with Stone Henge Street dedicated as a public right of way. The Boardwalk Unit 2 Subdivision build west of Brighton Village Unit 4 required the realignment of Stone Henge Street as it continued westerly from Brighton Village Unit 4 into the Boardwalk Unit 2 Subdivision. As a result of the realignment of Stone Henge Street, excess right of way resulted and was considered for disposition and conveyance to the adjoining property owner. This adjoining property owner. Mr. Eduardo Perez, has willingly agreed to accept this excess land containing 822 square feet. As compensation to the City for this parcel, the landowner will provide perpetual care and maintenance of the property. For purposes of producing clear title and a correct lot description. the City will re-plat the property for the landowner at no cost to him To begin the process of conveyance, a public hearing will be held to vacate and abandon the parcel of right of way. Once the parcel is declared surplus property it will be conveyed to Mr. Perez by Quitclaim 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. -I ri J: ~ -'"Lzo/"'6 kge' R. Escobar, P. E. Director of Engineering Services Attachments: Exhibit A. Background Information Exhibit B Council Exhibit (R.O.W. to Vacate & Abandon) H:\HOME\EUSEBIOG\GEN\Agenda ItemslStonehenge ROW Conveyance.Perez\Agenda Mem.Perez.doc BACKGROUND INFORMATION SUBJECT: Stone Henge Street Disposition of Surplus Property (E. Perez) PRIOR COUNCIL ACTION: 1. February 22. 2005: Ordinance authorizing the City Manager, or his designee, to execute a Participation Agreement with Onac Developers, Inc., owner and developer of The Boardwalk Unit 2 Subdivision, site of the new southside elementary school for public street improvements on Boardwalk Avenue and Stone Henge Drive, an urban street abutting a dedicated public park, in accordance with the Platting Ordinance, not to exceed $106,031.21 for City's share of costs of the improvements; and declaring an emergency. (Ordinance No. 026160). FUTURE COUNCIL ACTION: None OVERVIEW: Backaround: Stone Henge Street, located In Brighton Village Unit 4, was realigned to match up with Boardwalk Avenue located in the new Boardwalk Unit 2 Subdivision. As a result of this realignment, excess street right of way developed along the south side of two properties located between Sterling Drive and Derby Drive as shown on the attached Exhibit B. The owners of these properties have requested that the City convey this excess land to them. City staff has determined that it is in the best interest of the City to convey these two parcels in exchange for the property owner's perpetual care and maintenance of the properties. To commence the conveyance process, a public hearing will first be held to consider closing and vacating each parcel of land. The two parcels will then be declared as surplus properties and finally will be subsequently conveyed by Quitclaim Deed to the adjacent property owners. The entire area conveyed will be retained as a Utility Easement to accommodate existing utilities. For purposes of producing clear title and a correct lot description, the City will re-plat the property for the landowner at no cost to them "'\HOME\EUSEBIOG\GEN\Agenda Items\Stonehenge ROW Conveyance.Perez\Background.doc EXHIBIT A counCllexhlbrts \e.,n626b&6-: 6/cJw" PARCEL LOCA TION CORPUS CHRISTI BAY LOCATION MAP NOT TO SCALE -----1 I I , ~ ..~ Q: i a i I ~ I i ~ r- -- ----i ~ ! (I) _J Q Q >- co 1:] a \ -1- \ \ ...----.-- - . \ PARCEL TO BE VACATED ~ (BUENTELLO) I STONE HENGE ST ~~:C~ro BE~~rrv (PEREZ) NEW .;TREET ROW CITY PARK VICINITY MAP NOT TO SCALE ~ N ~ l- I/) ~ 12 Q ::E ~ ~ o Q:: co EXHIBIT -B- STONE HENGE STREET R.O.W. TO VACATE & ABANDON CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 05-10-2006 ~ -- - - - - ~~ AN ORDINANCE ABANDONING AND VACATING A PARCEL OF UNIMPROVED STREET RIGHT-OF-WAY CONTAINING 822 SQUARE FEET OUT OF THE PLAT OF BRIGHTON VillAGE UNIT 4 SUBDIVISION, NUECES COUNTY, TEXAS, AND lOCATED ON STONE HENGE STREET AT DERBY DRIVE, IN CONNECTION WITH THE REALIGNMENT OF STONE HENGE STREET, WHEREAS, there IS an 822-square foot portion of unimproved street right-of-way out of the Plat of Brighton Village Unit 4 Subdivision of Nueces County, Texas, and located on Stone Henge Street at Derby Drive, that is not needed for the Realignment of Stone Henge Street 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 of Corpus Christi to abandon and vacate said portion of the unimproved street right-of-way for all purposes, subject to the provisions below NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCil OF THE CITY OF CORPUS CHRISTI. TEXAS, THAT: SECTION 1. That the 822-square foot portion of an unimproved street right-of-way out of the Plat at Brighton Village Unit 4 Subdivision, Nueces County, Texas, and located on Stone Henge Street at Derby Drive, is abandoned and vacated for public use as street right-at-way, subject to Owner's compliance with the following specified conditions as part of the abandonment and vacation' 1. Fair market value is waived because Owner will be providing perpetual maintenance of the property 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 at 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 of Council approval; however, the Director of Development Services may extend the time limit tor an additional 180 days if extenuating circumstances outside the Owner's control necessitate an extension H:\LEG-DIR \ VeronicaO\ENGINEERING\Abandon & Vacate ORD\06. VO,ORD,StoneHenge.Ab&V ac-822sqft,doc 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 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 day of ,2006. ATTEST' THE CITY OF CORPUS CHRISTI Henry Garrett Mayor AllTlando Chapa City Secretary Approved as to form: June 5,2006 By: ~~U00~ Veronica Ocanas Assistant City Attorney For City Attorney H:\LEG-DlRW eronicaO\ENG fNEERlNG\Abandon & Yacate ORD\06. YO.ORD.StoneHenge.Ab& Y ac-822sqft.doc ORDINANCE DECLARING AS SURPLUS PROPERTY A PARCEL OF LAND CONTAINING 822 SQUARE FEET OUT OF THE PLAT OF BRIGHTON VILLAGE UNIT 4 SUBDIVISION, NUECES COUNTY, TEXAS, AND LOCATED ON STONE HENGE STREET AT DERBY DRIVE, IN CONNECTION WITH THE REALIGNMENT OF STONE HENGE STREET. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. That the 822-square foot parcel of unimproved street right-at-way out at the Plat at Brighton Village Unit 4 Subdivision, Nueces County, Texas, and located on Stone Henge Street at Derby Drive, is declared surplus property, being a remainder trom the Realignment of Stone Henge Street H:\LEG-D IR\ V eronicaO\ENG INEERING\Abandon & Vacate ORD\06. VO. ORD-StoneHenge-822sqft-SurPty.doc 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 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 day of ,2006. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Henry Garrett Mayor Approved as to form: 05 June 2006 By ,~~Cc Ou::;__ Veronica Ocanas Assistant City Attorney For City Attorney H:\LEG-DIR \ V eronicaO\ENG INEERING\Abandon & Vacate ORD\06. VO .ORD-StoneHenge-822sqft-SurPty .doc AN ORDINANCE APPROVING THE CONVEYANCE OF A PARCEL OF SURPLUS PROPERTY CONTAINING 822 SQUARE FEET REMAINING FROM THE REALIGNMENT OF STONE HENGE STREET, TO THE ADJACENT PROPERTY OWNER EDUARDO PEREZ, IN EXCHANGE FOR HIS PERPETUAL MAINTENANCE OF THE PROPERTY, AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A QUITCLAIM DEED 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 822 square feet remaining from the Realignment of Stone Henge Street, as shown on the attached Exhibit, as surplus property, and that the City Manager or his designee, is authorized to execute a quitclaim deed to the adjacent property owner. Eduardo Perez, In exchange for his perpetual maintenance of the property. H :\LEG-DI R\ V eronicaO\ENG TNEERfNG\Abandon & Vacate ORD\06. VO .ORD .StoneHenge.Sale-822sqft.doc 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 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 day of ,2006. ATTEST: THE CITY OF CORPUS CHRISTI - Armando Chapa City Secretary Henry Garrett Mayor Approved as to form: 06 June 2006 ^ I -. ' C / By: . \JJflt~(;v ) O~ Veronica Ocanas Assistant City Attorney For the City Attorney H '\LEG-DIR\ VeronicaO\ENGINEERTNG\Abandon & Vacate ORD\06.VO.ORD.StoneHenge.Sale-822sqft.doc eounei/exhibits exh6266.t6267e.dw PARCEL LOCATION CORPUS CHRISTI BAY ~ N LoeA TlON MAP NOT TO SCALE r-- "----j r--- ~ I r- -'--1 I .__u_+___~ : ~~>I'V! ~ ~ I~- eJ (Jl I -j~\ I a I L i r- - ~__l i NEW STREET ;~W'--~u - ~ -- _._----- I STONE HENCE ST \ PARca 10 BE VACATED .I (BUENTELLO) \ PARCEL TO BE VACA TED (PEREZ) l- ll) <: 12 Il. ~ ~ G o 85 CITY PARK VICINITY MAP NOT TO SCALf EXHIBIT -B- STONE HENGE STREET R.O.W. TO VACATE & ABANDON CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 05-10-2006 ~ -- - - - - - 22 CITY COUNCIL AGENDA MEMORANDUM AGENDA ITEM: June 27,2006 a. Public hearing to consider abandoning and vacating a 22,692-square foot portion of an unsurfaced, 40-foot wide dedicated public right-of-way (Yorktown Blvd. Extension), out of Lots 9 & 24. Sec. 52. Flour Bluff & Encinal Farm & Garden Tracts, east of Laguna Shores Road, between the Laguna Shores Road right-of-way and the Laguna Madre. b. Ordinance abandoning and vacating a 22,692-square foot portion of an unsurfaced, 40-foot wide dedicated public right-at-way (Yorktown Blvd. Extension). out of Lots 9 & 24. Sec. 52, Flour Bluff & Encinal Farm & Garden Tracts, east of Laguna Shores Road, between the Laguna Shores Road right-at-way and the Laguna Madre; subject to owner's compliance with the specified conditions. ISSUE: Urban Engineering, on behalf of Laguna Shore Resort and Marina L.P. is requesting the street abandonment and vacation at a 22,692-square foot portion of a 40-foot wide unsurfaced, dedicated public right-of-way (Yorktown Blvd Extension), to allow for the future development of a resort and marina in the area REQUIRED COUNCIL ACTION: City Charter requires Council approval to abandon and vacate any portion of street rights-of-way. City Code 49 -12, requires notification of the public prior to the abandoning and vacating of any street rights-at-way. RECOMMENDATION: Staff recommends approval of the ordinance on an emergency basis. Attachments: Exhibit A - Background Information Exhibit B - Ordinance Exhibit C - Site Location Map Exhibit D - Drainage Ditch AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMA liON BACKGROUND: Urban Engineering, on behalf of Laguna Shore Resort and Marina L. P., is requesting the street abandonment and vacation of a 22.692-sQuare foot portion of a 40-foot wide unsurfaced. dedicated public right of way (Yorktown Blvd. Extension). The existing right of way (ROW) is occupied by the drainage channel extending east of the Yorktown Boulevard intersection with Laguna Shores Road. The pUblic ROW is being abandoned and vacated and rededicated as a drainage easement as part of the future development of a resort and marina, The ROW to be abandoned and vacated is located in a "B-4" General Business District The Owner, Laguna Shore Resort and Marina L.P., desires to offset the unsurfaced public right-ot-way, by rededicating as a 40-foot wide drainage easement. An additional 32-foot wide drainage easement will be dedicated to the south as part of the proposed plat. Tyler Subdivision. Block 8. Lots 10 and 11 approved by Planning Commission on Feb. 23. 2005. Owner will dedicate a total 1 04-foot wide drainage easement. The drainage easement will consist of the 40-foot wide unsurfaced right of way with an additional 32 feet to be dedicated with the plat on the south side, An additional 32-foot wide drainage easement will be dedicated as part of the proposed replat of Holliday Harbor subdivision to the north. The dedicated 104-foot wide drainage easement will be constructed according to the attached Exhibit 0, The Owner will be required to allow public pedestrian access to the Laguna Madre waterway (along the 24.5 foot embankment of the drainage easement) within the 32 feet to be dedicated with the plat on the south side to be dedicated on the south side, All public and franchised utilities were contacted regarding this closure request and no objections were received by any of the utility companies. Staff recommends that payment of the fair market value be waived because owner will be dedicating a drainage easement of greater value to off-set the proposed abandoning and vacating of the public right af way, The owner has been advised of and concurs with the conditions of the right-af-way abandonment. EXHIBIT A FROM Michael Gunning AI:P 4cting Director uf Development Services DATE: June 21.2006 TO THE CITY MANAGER OF THE CITY OF CORPUS CHRISTI: ORDINANCE REQUEST DATE RECOMMENDED FOR COUNCIL ACTION: June 27, 2006 ORDINANCE CAPTION: d Public hearing to consider abandoning and vacating a 22,692-square foot portion of an unsurfaced, 40-toot wide dedicated public right-of-way (Yorktown Blvd. Extension), out at Lots 9 & 24, Sec. 52, Flour Bluff & Encinal Farm & Garoen Tracts east of Laguna Shores Road, between the Laguna Shores Road right-ot-way and the Laguna Madre. Ordinance abandoning and vacatin9 a 22692-square foot portion of an unsurfaced, 40-toot wide dedicated public right- of-way (Yorktown Blvd. Extension), out of Lots 9 & 24, Sec. 52. Flour Bluff & Encinal Farm & Garden Tracts, east of Laguna Shores Road, between the Laguna Shores Road right-ot-way and the Laguna Madre; subject to owner's compliance with the specified conditions OTHER PERTINENT INFORMATION TO BE INCLUDED IN ORDINANCE: Plat IS recorded in Volume A, Pages 41--43, of the Map Records of Nueces County, Texas. SPECIFIED CONDITIONS AS PART OF_ CLOSURE Staft recommends that payment of the fair market value be waived because Owner will be dedicating additional drainage easement to off-set the proposed abandoning and vacating of public right-of-way. 2 Owner will fe-dedicate a minimum 40-foot wide drainage easement. An additional 32-foot drainage easement on the south side of the 40-foot right-of-way will be dedicated with the proposed Tyler Subdivision, Block 10, Lots 10 & 11 An additional 32-foot drainage easement on the north side of the 40-foot right-of-way will be dedicated at the time of the replat of Holliday Harbor Subdivision. 3 The Owner will be required to allow public pedestrian access to the Laguna Madre waterway within the 32 feet to be dedicated with the plat on lhe south side 4 No surface Impmvements will be allowed on the drainage easement. 5 Owner is required to close, abandon, and realign Shore Drive between Yorktown Blvd. and Seaside Drive at the time of replatting Holliday Harbor, 6 Upon approval from Council and ordinance issued, all grants of street closures must be recorded in the real property Map Records of Nueces County, Texas, in which the property is located. Prior to Building Permit approvai of construction, an up-to-date survey, abstracted for all easements and items of record, must be submitted to the Director of Development Services. 7 Owner must cornply with ail the specified conditions of the ordinance within 180 days of Council approval. / ment Services ':"pproved: Date: " Igenlag06\Sif-CiO\YorKiOWf1,ORD EXHIBIT B AN ORDINANCE ABANDONING AND VACATING A 22,692-SQUARE FOOT PORTION OF AN UNSURFACED 40-FOOT WIDE DEDICATED PUBLIC RIGHT- OF-WAY (YORKTOWN BOULEVARD), OUT OF LOTS 9 AND 24, SECTION 52, FLOUR BLUFF & ENCINAL FARM & GARDEN TRACTS; LOCATED EAST OF LAGUNA SHORES ROAD, BETWEEN LAGUNA SHORES ROAD RIGHT-OF-WAY AND THE LAGUNA MADRE; SUBJECT TO COMPLIANCE WITH THE SPECIFIED CONDITIONS. WHEREAS, there is a 22,692-square foot portion of an unsurfaced 40-foot wide dedicated public right-ot-way (Yorktown Boulevard) out of Lots 9 and 24, Section 52, Flour Bluff & Encinal Farm 7 Garden Tracts, plat recorded in Volume A, Pages 41-43, Map Records of Nueces County, Texas, located east ot Laguna Shores Road, between the Laguna Shores Road right-of-way and the Laguna Madre, that Laguna Shore Resort and Manna LP is requesting to have abandoned and vacated as a street right-ot-way to allow for the future development of a resort and marina; 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 right-ot-way tor street 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 22,692-square toot portion ot an unsurfaced 40-toot wide dedicated public right-at-way (Yorktown Boulevard) (depicted on Exhibit C) out at Lots 9 and 24 Section 52, Flour Bluff & Encinal Farm 7 Garden Tracts, plat recorded in Volume A, Pages 41-43, Map Records at Nueces County, Texas, located east ot Laguna Shores Road, between the Laguna Shores Road right-ot-way and the Laguna Madre, is abandoned and vacated for public use as a right-ot-way, subject to Laguna Shore Resort and Marina L.P.'s compliance with the following specitied conditions as part ot the abandonment and vacation: 11 Payment of the fair market value is waived because Sec. 49-12 ot the Code of Ordinances eliminates payment of the fair market value when an abandoned street is unimproved, as it is in this case and the Owner will be dedicating public drainage easement ot greater value related to Tyler subdivision and Holliday Harbor subdivision, to off-set this abandonment and vacation of public right-of-way (depicted on Exhibit D). 2) Owner will re-dedicate a minimum 40-foot wide drainage easement. An additional 32-foot drainage easement on the south side ot the 40-foot right-of- way will be dedicated with the proposed Tyler Subdivision, Block 10, Lots 10 & 11 An additional 32-foot drainage easement on the north side at the 40- H:Leg/gan ws/agendaI20()6/6. n IY orkt, l\vnarandon foot right-of-way will be dedicated at the time of the replat of Holliday Harbor Subdivision 3) The Owner IS required to allow public pedestrian access to the Laguna Madre waterway within the 32 feet to be dedicated with the plat on the south side. 4) No surface Improvement IS allowed on the drainage easement. 5) Owner IS required to close, abandon, and realign Shore Drive between Yorktown Blvd. and Seaside Drive at the time of replatting Holliday Harbor. 6) Upon approval from City Council and ordinance issued, all grants of street closures must be recorded in the real property Map Records of Nueces County, Texas, In which the property is located. Prior to building permit approval of construction, an up-to-date survey, abstracted for all easements and items of record, must be submitted to the Director of Development Services () Owner must comply with all the specified conditions of the ordinance within 180 days of Council approval. H:Leg/garvws/agenda2006/6- 27 /Y orktownabandon 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 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.__ day of. ,2006. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Henry Garrett Mayor Approved: June 22 2006 By: ~ hnirA_. G ry . Smith Assistant City Attorney For City Attorney H:Leg ganws/agenda'2006/o -?7Y orkt, mnJbandon ~ /" r\ r- //< ,. ) \ U UJ "~ -~ nc___ _~0: ;T~" ;~~~=~-:o:Jt~ vNn6 I '>--~l < __ ~ -<> I __ ] LVI '\ - ~ -< _ , =-- ~. ~ .~ L: ....... ::;0 - ,.~. I c>- _ \ ~ - --==:::J cc.. 0 :s ,I _. +-' ::: __J-E=='-_J -16 ~ eo. ~- - . ::. - J L::i':"~_:sO- f _-:=---; = r ~ JI:: ; =:=J L ..~~ - ~ - ] L~~-';81 ~J" -.--1 ... j r.-' .-...... :,\:'- I ~ '. , ',\-, I ... -- .L - . --1 ': \ ~ ! ~C; i::; 1- ~ 9 -j~'\; U~ l. . . \ < ---: r,- -- ~-,~..L. .~ j OJ - -NWcU.C ~r~ ' ~ OJ P>- NO~OlVM ___~~ NOtJOlVM n ! ! ~~--- .-.------r- \ I L. L --.--- -,;00(0 I~~~ 't:.~~%\Y ~~A%~ 0\ 1,- a. ./ -a.. / ~/ /"' /\ /" ) /'// // / ! /' /' / ./ [/;;// () l- ce I X w 8 ~ 8 N OC'll . :a...~ ~ 10 .;~,r)N~ ;~~~I ui C-otle eO~e~ :te .2 ~~~~.i- ....1:: 0 c: o C71L&.. C ::l >- ,- 0 C7Io-oo -Oell o . 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CD' (/) eNIl .~O.l ~:2 .~ I 3~=a:~ I 001 >-0 '- o " a:: Shore Orive -.-r----r--- i ~o' e.\..."'\,. --r,' _+---.t~ i ~ i m ~I :D~ i ~ i v \ N I S S ~i I x I i a.~! ~-' ---_I:I_~!I____. ._ _ _---.Q~ _---r i a:l~ . ~ i ==v=' , i""z "' C'~ I"") oui >1J '- o r.; ~ 0::: o -l ~ ~~ ,,- ..- 8~ _f' eg Vi$ ~N i~ .~ ~~ \..OQuno ~odre ~ u c .= o co 0') co ll'.l C III 4) 0 """0 0.. x b o~ N0::E <fl.-..s ' ?:- c I'"l c QE'fi5 uo'-u ~lJ.. v III _ .4) .. 0 VI U ~.!O fl ~ ~ g .Z OW <i . --.l III 0(:1 ci '2 :::>8 :J IlJ rn 0::: 1- o 9 o o . .... CD Z '- ::J g o I .J i I -l- ,~I I 0' --t -. 1'- 3i 8 l ~'o;-' L ,v'" ~ _._ ..,-.--1- 'j>\\ 'j>\ L211 .-- _l----l-'~ ~ Laguna Snore Road pDO~ 6;.J04 - _"'1 -- S oun601 UJ 0- z....o <0.... li)oo _NN C en c-O"O c06E~ ~ c ::J..... ~ ~ Eo . '-~ o>~ ,.<'0'llJ..c5 or- 01 _ .- 0 _00-0(,) o .!O 41 Ul cig'2C1 .Q "w 8 ~ 15E-o"::l Q.~c'-z o o.~_ 0"_ 0 ......c. _-o::JUO'l ogm:C'2 g'.......3=8 ._ I) :J - ., Olll -o.Q 0 a:: .- lJ.. 1)3= Q.Q. _00 ClCloE~ :50-- ....-.,Eo,.,; oOo..~ -0 III I .-0 - ~~~g; 000;:0 z ~cg, 9-Q''-4I0 wOl)l:a.. G:~:s8ci <.) l- CD I X W o o N o o 24.5 52 + I I I I ! ~I 20 I .+-- 104' , , I I T 55' 5' 15 ' 20' DRAINAGE DITCH (25 Yr. Flow 588 cfs) 52' 24.5' EXHIBIT 0 ( *' / wJ !-- \ i! u; f- . . i \ c) : '- ~. ~ '-.:--/ L- / . 1 - I ' 1- j G'~...-=,...~,]h.filW4,~ .:~~i~lci~=+ -- I '\'i~__nru I I ~. ~,-~' I ___-~--' I ~ ~ :==-::J ! 1 . -c'---.l' -'1-: '1."') \U' I I.' 1.....----1 ' I - _--::-:---1 ____...___.,.__.._.._._' L---- --_._.._--~-~ t,~t - -- - ! . ' v"'-~ \~ : ~..J__ ___~-- I I~~-j ~-- _. .'i NOtjOlVM- - ~ -,,,.- " / \...)~~. .':l ~\ Y i .-~'.:" " " 1~/ () -~ -- , ~ j-': ;, '',-/;.j .', \ Pr. '0 ,\.!-~_--.J.--,- ,i_.n"_' ~ .y 0- () c) NO~Ol\iM ~--- -r I _---L I-~"'.. 'j- \ l I 7 I .I / ,I ~~G)~ /1'/ i -1-c -i~'03- / /////;) ~7~~~ O~~/ / / ~/;;// / /// ./ /~ /./ // / // //// v / /.. () I- co :r:. x w ~ ~ "(\Ill fj i~m ..: ~ I') (\Ill ~.. oz .. ::IE " ~~;~I 5; vi c"t:J CD 0 c05E~ ~ c ::JI- ~ ~ Eg$ ....c 0 c ~ CII u...5 5 _fP;"t:JO o ..ij~ CII C c: c ... CD .2 CDW 8 ~ 't:E~CD::J ocu"...z 0.C115C11 o ~L._ .- '0 _ .c _"t:J::Julll o 0;:;:;.-"t:J o.....c ... C>......~8 .5 CD::I- CD CII"t:JOOO:: o .- [i: u~ 0.0. ....00 CIl1)OE~ .co..... .....- 0 0 . ... - I'") 000. .-.t -0 III I . "'0 +J .- ~~~~-.t bo~l-; Z ucc> C-d'~CIl0 G1o.,"Eo.. [i:~~8< ~ 6 ..:::1 tJ C ~ (f) o x III o.i-- o . ,.r) ~:::E >- o +-' ~ .o..--~ ~ g ~rr)8 ffiI O1C1l . EJ<L ell "':0 .al +-,:::::V:::J ~ ~VZ oui >"E o u ell a::: ~ ~ ~ -i 10. g _ ~:-IO .... ...:::E ^ ,'" ClO~ 0..... ~",. ~...c,...: ~ ,) !.. 0 u'" 0 N~ OO"""U I ~ asI (/) OlCll ~.~~ ~ .ell I ~~~;: I >"E o G.l 0:: -"--;o~ - Shore Drive ~~r~L~~ ~ II ~~ ~l o.~ f o . I ...:::E >- I o +-' -e,...:5 NO""" 0 ~;r:__~ _--- g~1D _00... ell al:2 . ~ =v:::J ~VZ Oui >"E o N ~ .....0:: o -! ~? "" cJ~ -~ ~g iil~ ..... 'tit>> :t: i~ r .N S'~ 8 b o . ... <0 Z ,.....) -' o --l Laguna Madre -- (f) () 2 t- o <0 oi <0 10 c CIl III 0 "2a.x o o~ NL?:::E lf1 ~ _ j;. c ,...., c .2 E 1" 6 u6-u j;l.a... v CIl _ . ell v' g :g, al N'oo...~ ..... C . SW-c(ui ~<5"E _>0 _ u :::J III OJ 0:: ~ :J 9 LL. - g SgJ04 -- S oun601 LLI C)~o ~...o ~COIO ~O~ m;"'''' ",~ zz LLI Z :::J:;~ C -0 ~ c05E~ ~ c :::J~ ~~E~~ OVl~CC >- (II - .- g (jog-oU ._ Gl gig~~ ._ Gl W 0 Gl 1jE-oGl::::J a.::c...z o ~ o.!1(j ..... ..... .s:::. .....-o::::JoVl ooiii:c"E C1e...~o .~ Gl ::::J..... ~ O"'-oBOO::: .- u.. o~ Q.Q. ~()(j~~ .... 0.... ........,20,..; 00 a. ."" ....~-o!ll UlOtlg~ ~..,.-o... OC5~0l z 0 Gl 9 .~~C1 -0 -00 WCCll...o.. ,-O.cC u..o:::....<.?< () I- 0) I X W 8 8 ~ 8 ~~i;m .:..1 ", _ > 1- 0: ID ~~iEI !~~mg Z(j~ <( ~!J mW~~ WIQ.s Z~~. cr:: ''-' s: - .., (j~,l. ~z~~ W"' N II o o 11) ~ i____~- 52' , i , k-- 24.5' , 104' i U~+ , 55' -~~-l 5' I I I 20' J~ r~.. 15' 20' DRAINAGE DITCH (25 Yr. Flow 588 cfs) 52' 24.5' EXHIBIT 0 23 CITY COUNCIL AGENDA MEMORANDUM June 2', 2006 AGENDA ITEM: A. Public hearing to consider amending the section III. H, 5 of the Platting Ordinance to provide that completion of water and/or wastewater improvements shall comply with the more stringent development standards required by the City of Corpus Christi or the entity providing water and/or wastewater service prior to endorsement of the plat by the Development Services Engineer; providing a severability dause; providing a repealer dause; providing for publication; and providing for an effective date. B. First Reading Ordinance amending the section III. H, 5 of the Platting Ordinance to provide that completion of water and/or wastewater improvements shall comply with the more stringent develop~ent standards required by the City of Corpus Christi or the entity providing water and/or wastewater service prior to endorsement of the plat by the Development Services Engineer; providing a severability dause; prOViding a repealer dause; providing for publication; and providing for an effective date. ISSUE: Development standards required to complete the water and/or wastewater improvements for endorsement of the plat by the City of Corpus Christi or entity, such as, the Nueces County Water Control Improvement Districts, providing water and/or wastewater service differ in the extent of completion required REQUIRED COUNCIL ACTION: Provide opportunity for public input and adopt ordinance to amend Platting Ordinance Section III. H. 5. to add a provision for complying with the more stringent development standards prior to plat endorsement when the platted property is located within an area provided with water and wastewater service by an entity other than the City of Corpus Christi. RECOMMENDATION: Staff recommends approval of the ordinance as presented and prpviding for an effective date / {lliA<?iY MichQel N. Gunning, AICP Acting Director of Development Se ices Ahchments: Exhibit A - Background Information Exhibit B - Ordinance h:\...'~en\ag04lSp30m AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION SUBJECT: Platting Ordinance Amendment to comply with the more stringent development standards of entity providing water and wastewater if other than the City of Corpus Christi before final plat is endorsed. BACKGROUND: Under the current provisions of the Platting Ordinance, a plat shall not be endorsed until 75% of the required improvements including water and wastewater are in place. When such water and wastewater infrastructure is provided by another entity such as Nueces Water Control Improvement Districts, the City of Corpus Christi 75% completion is not recognized, !OO% completion is required. The proposed amendment will allow the recordation of the plat when the more stringent water and wastewater development standards of the entity providing such water and w8Stewater are met. Such entities inspect the construction of a subdivision and determine when water and wastewater requirements are met prior to plat recordation by the City. In the absence of an interlocal agreement, this amendment will authorize compliance with such more stringent development standards by entities other than the City of Corpus Christi that provide water and wastewater prior to endorsement of a final plat. Planning Commission at the regularly scheduled meeting on June 14, 2005 reviewed the proposed amendment and recommended adoption. EXHIBIT A Page 1 of 3 AN ORDINANCE AMENDING THE SECTION III. H. 5 OF THE PLATTING ORDINANCE TO PROVIDE THAT COMPLETION OF WATER AND/OR WASTEWATER IMPROVEMENTS SHALL COMPLY WITH THE MORE STRINGENT DEVELOPMENT STANDARDS REQUIRED BY THE CITY OF CORPUS CHRISTI OR THE ENTITY PROVIDING WATER AND/OR WASTEWATER SERVICE PRIOR TO ENDORSEMENT OF THE PLAT BY THE DEVELOPMENT SERVICES ENGINEER; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALER CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That Subsection H "Final Plat," of Section III "Procedure," of the Platting Ordinance of the City of Corpus Christi, Texas, is amended to read as follows: SECTION III - Procedure III. H. III. H * Final Plat: * * &:; J. Upon approval of a final plat, the applicant shall acknowledge all required improvements as specified by this ordinance and found applicable by the Planning Commission. The Development Services Engineer shall not endorse the final plat until seventy-five percent (75%) of the required improvements are in place, and in compliance with Section V, Paragraph A, Subparagraph 3.a) or until security for the construction of the improvements has been provided in compliance with Section V, Paragraph A, Subparagraph 3.b) or until payment in lieu of the construction of a half street or payment for the half street and related infrastructure improvements has been received in accordance with Section IV, Paragraph A, Subparagraph 12 In the event the platted property is located within an area provided with water and/or wastewater service by an entIty other than the City of Corpus Christi, then the Development ~ervices Enqineer shall not endorse the final plat until the required Improvements for water and/or wastewater, as applicable. are completed to the more strinqent or strict development standards of the entity providinq the water and/or wastewater service. The Chairman and the Secretary of the Planning Commission are authorized to endorse such final plat as approved and allow said ;-i:\LEG-D!RIgarvwslgarywslagenda 2006\06-27\Plat approvalWCIDdoc Page 2 of 3 plat to be recorded with the County Clerk of the appropriate county jurisdiction. All required fees shall be paid prior to recordation. ... * ... SECTION 3. 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 4. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed SECTION 5. 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 6. This ordinance shall take effect upon and after publication of this ordinance H : ILE G-DI RIgarywslgaryws lagenda 12006106- 2 71Plat approvalWCID. doc Page 3 of 3 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 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 Bm Kelly PASSED AND APPROVED, this the___ day of ____ ,2006. ATTEST CITY OF CORPUS CHRISTI, TEXAS Armando Chapa City Secretary Henry Garrett Mayor APPROVED: June 22, 2006. G ry . Smith Assistant City Attorney for City Attorney Ii: ILE G-DI RIga ryws Igaryws \agenda \2006\06- 2 --\Pla t approvalWC I 0 _ doc 24 \( ;"'11) \ \H\lOR\'11H \1 PI HI Ii In \1<1"( 10'\1"(, Ill< 1J. t. (I l-~ It'll ( aSl '''I U"~J('~IJ-:I.JltB ~i~'l'n(~)I!.ll),I~!J' I) ,.,1' I] '.1 c, , iLl ;; I 11;1 ""II Ii' 111)!l1 ' 1<.-] Ii SP" Olll'.hU11l1V Lh\(..'lll!1g ,>[, , nnld !.,I;Ill'", Blue"- 2, l,olS ;C, I) ",' I Foh'Tt DI'I\'c Illterc;tctlon """11 . - l r' ~ 1', > Planning Commission aud Statrs Rl'UI/IIlJlclldatioll (5/17/06): Dl"l1al oj the "H.4" General Busllless TYst, 'Ii'] !i ','" '\1" \ ",',1 ---: ,11\'1'1111 1'''1 'I!'lin'! lot and the drive-thru pharm3l'V SliD!, ,I ;, i" d 'u ~ l. , I..\.l dl RCQlIl'Sled (Ollllllil \ctiln: ", H.. 1.,1]<,'1 J HllSltll'~S I slriel and III heu thereof, approval of a rens,."l Spec II! 1\'1'111' t'o' 1 P:i!kJIL' 1,\ .1, ihc li'll, 1111'11 phllt'lnac\ ,,,bltet to a site plan and five (5) cono 1,1 ~.- _._~_.._-_.._.~-- _..- ~'---""'-"" -~--'- _-0 _____ ......._.._.__ __.. ___. .__. _ ____.__ .._....._...___.____ I'urpo,e ,If Rl'lI ue'J. pharnu\:\ ,hl i ill ldrl, Ii: la\OU: :1< ,Ill pall alld to provide for a drive-thnl Summan: . II l)\..L thl' -;Ill)jel propert ,1J'Ie I illC 11 !CIl here',j'.. 1:,ll; 's I : '..'11 t: · \\1' ,killed il 'kll1gl' or 10111l1g 101 a "B-1" NeIghborhood Business Si'l" il PCrJ1111 \\;1-; appru\cd suhlect 10 a site plan for a parking lot h, 1,,\,;,lI11 ,1IplTmar"-el \dditlul1ally, a four (4) foot high wall )1)', Debll', I lr!\c ,,, a-; l'Cqlllrnl as pa]1 of the Special Permit. \t 11 :'---iL1L\'-' SL'r\ l' · I ht.' rl'\hcci pari\ll1! SIte' pial lilll-;liatcs a reduction III parkmg from 112 spaces to 91 spaces, with ,j "-'illl: hCI"g \'\('J1l.. )1:, )!) spaCl' \< illustrated, ihc dnve-thru phmwacy is located ilC\ ) I : l: U h(. 11'.1 j IlkcI II \UT i 4) I( lill al] a lOl1g the subject property at 'ani [11'1 II I 1n11;1,' , ) (I "Ing !()r I !'l' p:ITk 1Ilg!Oi · 1;1 bad..:gTu\lll pu POSl', ti c slIpclilIarkcl ~Ik' lucated suuth of the subject property was granted a reductlOl1 In parkmg m 19r:3 h\ the Board of Adjustment from 625 spaces to 290 spaces, In 1\4, .upc', 1:11 LCT !cprl'-;Ci1'dli c ,'alizul ,hal thL proJcct did not have enough parking and YUIIII' d tl1. ,Iii "t'c prupn:\ 1];'1 \ ;,., gralltul il SpcClal Permll for parking purposes, · ,\ ll'\hWn i ;)Il~ ~Ilecla! I'lTlllit ,ltc plan and nmdltlon IS acc:eptable in providing a drive-thru rnarllllll' Ct)-)(\clatd WI! n ! he ;upcrmarket provldlllg no aCl,'ess along Delano Drive will be d i\iWl';i Applicant's I)osition: ! he appllcan < ill :t!.'reelllcnl \\ Ith rccollllllendalJon, l'.elhl~i ,11i' ;iSe '\ 0 .:; 1 : L.l ! 11 ! ~ ) ;;1,(' '-\ ,nil'';I'' ~lti()1l i It he \\ c"11\ In, 'rurnc(' ,T"' !\", :T, I" II \\c' "\n,i(k (" '10", I Ill' p." \ttacbllll'lI h I i /onln~ R,'p'" PLll!nl;;~~ ), j n~l,h'i '1'1.".1 \P- i ! :Il! "'" '11 '\ 1 j IIUI", , :1-1 nllll,\' i ili' ~lir'\'lIl1dlll~' :\\\ljwrt\ (l\\ner;;. ont' (1) was "PI""I"'\!1 Thl' 10"1" rille is nnt invoked. This case is i l \ ,i ILlldU, " ,Ii 'II i,'-" .\I( I' \,shlaI11 [),r(', Ill! or Development Services (ihl \.'1) II !'l\'!! ~_il(\(l'\Fllfl()_(1 \{;i I\.,ill \1!'~,H ZONING REPORT ('ase "0 I l"i II, I., Plannill:! Commi....ioll Ileal'ing Datt' \LI\! '1111(, "1 ... .- ; ~ ';:: ~ ClJE :.:: CI.I Q......J '1 Q. ~ ~ .- J1 ~ :::s r:3' ~ IX CIJ .9 = "" N \pplil.'<lIIl {I. ~ (iI",'L' \ (' I 111,111\ I I 0" IIt'r' ',II I, 'I \ ,nlll .111' Agt'l1l delr' I ,lrlIIL'IS-:-',\, 111\ \Llrl-.. ,i(lll1bUI1 Propert' \rew\LI1llt'd;1 FSJllcs. Bl,'ck ) ] u(s "'C"I), 7E. 7F and a portion of Lot 3. kltdkd ii, kL ed::-,\ ul l kidll' I ldl1L' clild Ruben Urne ll1lcrscc11011. From "I"-I!f 'lP ()IlL'.i~lIn!h D\\elllllS Dislrlct \\ith Special Permit To "B-4' (reneral Business Dislricl \rea ,en Purpos!,)f Request R he:'>,! p,lrkll1g ,iYUlll atT<I and 1'10\ ide for a drive-thru pharmacy J1 ~ '" ~ ~ = ~ ...J "'0 = ~ CIJ .5 = N eIi .5 ...- '" .- ~ \.o.J ~ " c..r:: ~ c ~ .~ ==] Q> ~ \ 1/, ~-?-o~illg :: S' Onc-I~1111il\ U'v\ L I ~L g [)lS~~ll 1 "[<.. ] B" One fami]; Dwelling Dl~l1"Il.~_ "B-4" General Business UISI!lCl F [j'Jnl I~illil. Uv,cllirlgDlslnll 'IS '\ieighll\II'l1od l3usll1ess Distnct Fc'all slate ()ffic, \'(!!! I, !.xi.~i!l,gl::.~~~.l; sc Future Land 1] se 1\1I1ing ]01 far ,~'\isting Commercial Special , ::,upcrmarkel PCI111it ' t ',;,~k r,;,~j '~CSldc~~c~t~:dcnSity lCSidential__ Supemlarket I Commercial l Siil!-,l, nLlil1ilv res!dcnc~~' t'[~~-=densitY ~esici'ential--n 1 Neighborhood commercial 1 j 'iour Ii ",[ ;fl, Area Dnelopment Plan: S"ulhcasl iile future land lise map supp0l1s commercial expansion with conditions under a SpecIal Permit Map: 0430.i8 Zonin~ Violations None ,-'DIng 1>_<_'1',1 ,1St'" \' .tgr IF; I "T'\ ) '---'~"''''"l''"'' _ _,._..___.,._..."".__ ..,_ _~~._~__,,_ ,_.---,.~' ,- r. -"-----~--~..----_.~-- r. .. eo: E E = Z J &: eo: "'"' Z .. ~ o ci ,-- IClIi! .. l! IPI' 1 j \\ l- I ,lllc Dh ii, l 'I. ~ I: 111\2.[ l1~iilc2,' ,) /0l1iI1c2 rrom a "R-IB" One-family -i '. 'I-hid' HllSllil-":' i ""trILl il)I lhe purpuse ur J'l.'\ isillg ';i' . " ,Iii '1](1 '(1 p't1\ Ilk 1()!:1 dri\L'-lhru pharmilcv .. : ll,,\..j 1'" "I k ::: ') ](, ,Ippr' ; \ 1.'1 SUblCl tu 1>\"PL'1'I\ '-, ,i,'IlI\'d :i ,'hangl' or loning 10 :l "13-1" 11\<" I,,'i' ",'n'oj' :1 Speci,ll PCTll!i \\I1S ,lie pl<lll 1\1 :1 park lilt' lilt \\ith 112 spaces to serve the \, idilj" :111\ : I~"" (J 1"1111 high wall mljacenl to the ! I\.' I ano I hi \ ,-' \\ ilS r\.'q Ul red as part 0 r the Special PCI'm it. j( j1 nl ~;llP<'rn: 1,-1 n'sHknti I pn11K'll\ ,II rl'L' j,'\I-cd petrk llg :,,\ plan Illustrate:, a rcdLlCliOll III parking from 112 spaces 10 , ,p<II '5, It I: ,;u. I dLll'lillil h~lnt' !lil1<. (C)\ "paces. As illustrated. the drive- thru pharmaC\ is loca1cd adjacent to the rear of the supernlarket. The four (4) foot \\ ;t1i dOl ~ Ill,' slIhle I !1'llpCrt\ :\1 Delallo I)r]\ (' !\ill continue as screening for the Dark I 19 \t. hll hac kgrolllld purpuses, the supermarket Slle: located south of the subject propert) was granted a I'eduction in parking in j 983 by the Board of Adjustment from 62," spaces to 29( I spaces. III 1984. sllpernlarket representatives realized that lhe project did not het'C enough parking and acquired the subject property that \\ as granted a Special Pl'1111it for parking purposes. . A re\ IS!On to the SpeCIal Permit SIte plan and condition is acceptable in providing a drive-tnn! pharnlaC\ associated With the supermarket, providing no access along DclwlO Dri\\:: \vi ] lxdluwed and the four (4) foot wall be retained. Street Type Paved Section Volume 2001 i Not available I Delano Drive [,)Cal 50' R.O,W. wi 28' Bk to .~~ pav~~lKnt I Off R.O.W. ] 6,950 a.dt. SOUl h Alamlxid Strccl ;\l"lTial w176' including center left turn "'"' Q.I Q.I .. - r:r: '" .... := CII:l .... Q::! :J, pavement continuous lane I'he subject property h platlClj - c " - lh, Q,./ " 11 , '. s: :;. ), - E '- - """ '. n I II .~ ... c.. ::: Q,./ ,- '- - /XHilll, I" a. ' '\ ., 1(. jJal:.{.' .... - - "" l::: ~ :: E r:r. E J'- 1) " , C'\\!!'i'clllhlt iI' the ,Idla,'l':l! rt'sldl'ntl~llllses along Delano ,hi. :11 I ',\ 1'q1;' j,. liSe'S Ilnd h~lr' II' - - ),. '"illT1'U\~ll ,)1'~1 1'l'vi,.t'd Spl'l'l~tI 1\:'>1 'll (1] 1 ig an' I th:' ~l: ! hl'll 11l':.lr!n~ll' Q,./ ~ c .: c ~ c ....~ 'e C": E~ c ~ U E ere .S c c c:,.. c c:,.. ~" g: '" ....-=: = Q,./ Q,l ... e .~ e c:,.. c Q,./ u" Attach rn...:n ts I\P! '1-1 111 1\,", klll.l ,11 lhl "H,r Ill'I1,'H~d 131'>1 I,'~~ Il]~lilci Jnd In Ill'll tlll'J't'Of, approval ora revised Special Penlll j;)1 p<irkll!g and till' dr \ 'iiI'll pharlll<lC\ suhjCct to (] slte plan and five (5) conditions: id-,l-ll j,d;:.., 1~1...:\. .--,tlJ ~~ i :"l~llhLI:'d'-, l~l:qlllre :.1 sc\cn I ') 1,)(1\ \\all al\m!:'. till' nunh, cast. and \vest property lines; \Iallltalii eXlstlllg land~ldp1l1g and l1lallltenance oj' \\al] along Delano Street: ) PI U\ Ide : t\\ I) 2) rlll it I U1ll111alcd dlrectlunal c>lgnagt' for pharmacy area; ""1',', IJ! 'C!'Ill1l I \ \1 II 'il,' I \'.11 Inlm d:lk' 1Ii' 1I1dinunce unless propeliy used as 'Pl' i\C ~"'-'~-_.'.'''~<~ -,-.',- '__"~_'''U~ ,...._, =_,_~",=~,,,,,-,,,,,,,_=,~_""'________---'~_.m" '~umhC'1 ".(jllt l:S rvLI1I" j !'a\or ()PPO:>lll,Q i) \ ~ I l { ; I 1 {', ! ZOlling Map Ex1sting Special Pe11l1it Site Plan Pn 'posed Specl(d Pcrmil Site Plan '\ IP I <( )""j) 1 )f'if, I{, ", ,';'(j( Ill( I-?I:P('l/lT d, "~~~';'~'~~I'_ ~.,,>~,~."o~,~+"'#i-~:"Adi:, ,'~" 'i:<:;;r>;!.,''''. ".~'tt~~,;.,,;;~,,_,~~; ~-0h:';,;5,,~j',._...~," --=---,- . .-----. ; .4 \, 4J::1"'</'.~'-'. ~Ac':'0\ // /. . 7---------;T-..rT'j 7A/ / / , / '5 /. AS / q "v-41 ',--.!. / / 4A SUBJE~; P;~~EL/ ~"1 "j Ii , 10A103~~~~,f~ .....,"..,' / ..... h'~' i PC.: "" /120/ '~~"Z~.;1-A _'" <...., , , J.-B -1;812)/ ."", "" .~... ."-. ^> "",,- . . '. ; I I.. x.... ~ /"-. / "" /::J I "" ,12Aj '-/ ..! / ( Q--~ i . /. .".... ,/ 12 B / 1/;~"/'tI.~ ~,'R...iBl,SP ~'~j// -... ~ . .. I !/~. ~ ~ ~/4 " /..~ /) ... /.~ '~.A ~/ 4LL1MEOA CENTER 'NIT 1 [ '~, ~ "j 2 ~;~ 3 i RJP) 5"---,/ '.. / 1'... 6 7 20/ / / 8 ......... /19/'8 / ~.~ 9 /./.Z;>. ~ 117/ ~ 1//11 G... 16 I. '-i.'. I l:J? '. !;15 "" .... . JiS>../14. .' 1....... S r';.."" . .1 :) '. 'rL' .. 2 .)-'~ ~l'" /"~..L__~ ) all 05/01/06 SRR Notice Map Case Z0506-04 RE Residential Estate Dlstr' RA One Family Dwelling Ois.trir:t R~1 j\ a~'P. Family Dwelling D;<,I"G1 R Mv ;ple Dweliin~J lts:ric Neighborhood Busin'~ss District R-! A Neighborhood Business District 1-2 Light Industrial District F ~R :::arm Rural District R.l . To-, house Dwellllg OiS'f'r T -18 Mar utactured Hom" Pari< L>i-"t", Bayhon: Business DIstrict 1-3 Heavy Industrial District SP Special Permit pu~ Planned Unit Development -, -, Trii .1 Trallel ParL )r-,tr-I( B<U, Barrier Island BUSInf>sS District R~1B On€, FamHy Dwelling 01s1riC! T -1' Mar .)tactUr~:Cl HOlT,' Sub;: ''<'I':;I'.i Ulstnct Corpus Ct1ristl Beact' Design Disrict He Historical~Cultural landmark Preservation R~1C One Family Dwelling District A.l Apddmenl HOllse Cistrlcl d Business District A8 PH; ,.ssiondi Offlc(- Dtstn limited Industrial District N A 1\- i 1". Ap,:'~ment HOUSe :;istriLi General Business DI~,!ricl A: Ap2diment House ['lstric' Primary Business Ol<>tricl City of Corpus Christl. Texas AI-Je tllent~-,.'-liT:t hs,trH 8.(C, Primary Business Cere District .-"'::-jpar "-l~ qf Developn";er' C:,tc'rv o 50 100 1"""1-......- 200 ,Feet ~- -- .~ -' ..... .-.. ~ -- '. ':. .........~.,.,""""'".';..\~;E"........._ I I ~ I I I ! j I I I I , I ! i I ~: I I IL ill -U>< j; U; A ~' -~ Z Z G'J Ij'\ o (j) r'- Cz $:0 $:- )>=:1 """M r~ ,i...J "- -<Z en - --' T-'~-- '"' c' >~ I=~ ~ / ~'I <1: I i;, I, I r: I, t' ; I jl t~t .5' ~t :I~~ ~Q -l~ I~ I( L~ r~" <: J> Z I ~ :!I ::c 1"'1 I d ::c J> '3 ~ "~~" o '" o liS a> 0>0 0. <0 o ~ N o ------~,--~~ I "CJ' '"', ljJ , I --~ H.E-B ;-;'~,'1q", "C)II.,PAC1Ci ~ni_WjJllLl i ~ . ~ '---. O._....M.____._._____ ~ ,<::./' ;' .. , ~ ~ ,V} .1__ I r<------- -- ! '?'}'''] ',~Sl ~~"'1 ~;>I I 1 ~ i t -<1"'1 1 ox t- ;:n Vi 1 1 1"'1 j ~/.~\ '~~0 ~ :~<~ .. q " ",c:~' ~~1t . [' 1 , " ~ :~. .~4~f~ ROBERT DRIVE ~' I f } .t ill ~ :; ~I '-, ~ Q'<l: ~ '<l: " '<l: CI)' ~/ ",'-," " ,. , E'(\S\V~ SpeCl<U. ~Iv\-\+ Srr( I'OO8TlMO CONDf'TlON8 flC\v'l HEB CORPUS CHRI811 Ie ROBERT DR. AND 8. ALAMEDA 00RPU8 CHRI81\ TEXAS , , c<,J j\ - I ~' ! J ! --../ ' -. '---'1 --~ ~I .=1--,' ~ ------r ! ~7 I --, I / / 'L/ / I ! ~Bury+Partners OIIlIN"II... tOlU,tONI m_-'_I~ "",-.11_11 _......-""" (:tl'''''- ....,..~-~- H_ J31, .~., o m ); Z o o ;1J . <;: :> ~7 -1 ;0 " ht)~ -lr'"""'........ -;:__A 1] CO ~ '::=; Pl ;"J -c )> :l) ^-C -:l) %0 G)-c 000 Coo ?:m ?:O )> :l) -< [iiI~:. jJ;fgi, > -< ~ Q N ()J co -:-;< il; --~..:..~ . ~" . , '" ,.-\ <:: C) ;u '""l };:: ci= 3j~ 8~ ~z 0> z-< >" ,0 l/; -u C)~ ZAJ <:: ? , ROBERTS II' Q) mO o HEB CORPUS CHRISTI "'8 PROPOSED SITE PLAN ROBERT DR AND 8. ALAMEDA CORPUS CHRISTI, TEXAS > ".,.) .6 G> o .CI:i ~ !;; ~ @ ~ I _J pV"Qv~eJ- ~p~a..t fLWvv"rt \lte p~^_/ <J) o N o ~~~;,~~~';1.~o~? nz__.SIo,l.110 1..~l'Imll 10'. 11l_1US_""' r" ltl'~"-"" ~"'1Hot~-".' ''''' ..~..,,,.,, ~"''', \11"1 TFS HEGI I \R PI ''''\'I'\'(; C()!\DIISSIO'\' \IFETIN(; li'l il ('lul1l!lcl\ ('it\ 11a!! '\,'dlll'sda\ \la\ 17, ~on() if) II B ('!I)\I 1\ ' \11 ,iJ~ill\ I i 1:0111 "]i.,1 B "I'''Ul1c-Lu11l1y Dwelling I j ,[I .', J, 1\\1 II 1\..1' ,;,11\'" ! lill"111C",, PCl'l11lt ,\ anlL'da f',Wk.; Block 2 I 111-; 7( 71) 71. I and a portion of Lot I" akd (, It'l 'j!.1 or I k:~i!]() I ~II)I' alld Roh''rt Drl\'e Intersection, jJ'\,.,.'! IIl(',!c vL! on J1II'~\.!lh'lllh iil'UI\' l.be' 1\!\h:1 1")\\\.'1' PUInt presentation showing the suhJce} property locate,) or' Delano I.ane ,md the Roher! Dr1\c InterSeCtIon, The subject property IS requeill:12 ~l 'Ii --1' Icr,cr~1 BII"11ll''', f)'~lIlt ror thL' purpllSl' OrrL'\IS1I'g the parking lot and developing a dnve.rhru pharlllac\ hl',;uIToundl11g Jrl'i.ll'OnSISb ollll,\.dell"lty rl'"identia1. In 1984, the applIcant was pr III Ided a ')1X'llal PC'IllIt i\lr tllC !I'a: parKmg Ill\. IIEB 1-; ICVlSlllg theIr site plan by reducing the parkil ..'.pac," 1",)111 1(:~ tl 91 SLil I' !I'IOJl1ml'mll!lg dClllai (llthc "H---1"Cicneral Busmess Dlstnct and. in lIe\ !h.'r\~ot. "ppn'\ ell 01 a n.'\ bC(' ')1',.', Jli PernlJt rllr parkin!! and tIle' dnve-thru pharmacy. i 'uhlll I'earn\! \Va opeJlec ProPCI \ grafTI' f...athl .\rm~twng. Corpu~ ( \1, \rlllsiruJlg >latcd iha It \\ It:l hillS liinl)l!l!-' "\l.' )11'1-..1 i 1 ,',\a-; -;wtl'd her rcsldencc' ,as located next door to the subject Ih, I"lr I-n luu' \'il!1 ha... nlY hCli mal!ltalI1ed and has mold and 'he \\1 There 'Jih hCCIl 110 Il'spon:-- from HLI3 ic..'.ardll1g till' ll1amtenancc of the wall until approximately a week ago \" hel' Ihh 11\'\\ requcst .vas applOachl11g Wall the added phallllaC\, there will be increased traffic, fume ilL 1', ( 'h, C~j; and 1m' u n:nv li:hr, ),'!<JI"I 1)1' I' --1, 2 Ikian) \ ():)>!i' elms!i t'\a~ ,wkd thai a SIX (6) t'oot fence had been pnm1:,l.'" ,ll tiil.ll'!-,111l1 Ilg ,1'111< dCl.'loi)llil.'111 but the knce Limed Ollt (0 be four (4) feet tall and therc have !".'Ci prohkm- \\11h tnevc> CII'11bllii1 ('\cr thl' kllCl', ( onllllunlclllon has been made with the store manager about spraying 0\ er the grafTe1! but no Improvement has been made. A suggestion was made that t] \'C-IIt li ill pace.! on the \lai1lnLi)ldc lHI lIED II ~I~; Ilot al,'lccab1c, Mr. Davis also -;tatcd that there I i ill' I'lli',' i i ;~ll!' IwJ IrH.'!l'il"1l1 "i I!' ivlark Johnson, Buy &: l'arlller~.",l!1 An10n](), I cxas stated that they were agreeable to the SpCCLi l\'rmJt rl:commendatioll and dCe-IIL 10 honor thc onglllal speCIal permit and maintenance of the wall. "I" :-e\ isedc piaL ,vill hc k:-s Jr.1 uptJvc to \hc area and will preserve the trees. The plan renIO\' \'\'e!i'> o Ill' (21 ) I:arkmg spacc, hui lhe ovcrall parklllg stillll1cets HEB's standards, Efforts were 'nade to 111\'('t \V1tb the' neIghbors 1hmugh a neIghborhood meetmg on May 10,2006. The majoirty ofthe '.Ol1cerns arc related 10 the hghts. nOise. and screenmg for the Delano side of the building. We are sugge,i1ng an ex is11 llg mas /Dr) l\a11 IllCl Cibl' to ~ Icel around the' penrneter of HEB which should help with the Ights. nOlSt and Ii Imes The dn \(-t hru pharmacy WI II he closer to the front of the building and '.:lean it}, \;ili H1,j [)!i'lciln" \',I,h" \' rC-;!st:II1U' pail]: \\'111 he olllpletcd, ~n r " , ,-'C 'I> ILle' ! '1 -+1," \ L 111 ,., \1l1\lIlI\l i c'\cI' ,idied \11<\1 ~l~ till' c'ars dn\ L' fr\lm :\lameda '\\--~l!d iI' :'111 ,h,' I ,'ill ,1111 c'S \)\ IT l]c' I' "111 purd1L'~ aloll\! Ilc'ldlH) 1 ill' pharmacy hours are tvlonday .'<, I II I ii, .: i '1 t ! I l '-.;:! 11, t'; \ 1'1' j l( l r (, -...,. ,1.ll f" III ~ ; I'" ))i t'll :h, I, !u\\ lilt-: L'lllhiitll'oIb \\crc adupk'd, i it:> di ui \d,! "'11, 1- ) '. lstl1L I: ,Il\bl'd,,_ ReqUire a snen 17) loot \Iall ~dung the north, casl and \\esl pl'Operty IlIles; \bll11all1 c.,,,;-;tlnC!. landseaplnC!. ,1IlJ ll1aintenallll-' uf \\ all ;,lIong Delano Street: Jln\\lck 1\\ \ (=! f(\()t 11 I umll1alL'd dlITll\Unal -;Ignage for pharmacy area: "'Iwl'lal PlTlll1t t e"plrt-' \ll1e i \1 \ ear from date of ll1'clmance unless property used as approved i)Ll!),le heanl1l.' \1 as, iosed ',L:1iO!! 1(11' appJ\l\ai ',\a~ maLk' b\ I ,1Il1mlSS\OnCr Skruharezyk and seconded by Commissioner '~alazaJ !\iutJoll passed lllla!llmOLlSI) \\Ilh ( e)Il1Il1ISS!Oners BrasellOn and Pusley bemg absent. Pi .t\N ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY HEB GROCERY COMPANY, LP, BY CHANGING THE ZONING MAP IN REFERENCE TO ALAMEDA ESTATES, BLOCK 2, LOTS 7C, 7D, 7E, 7F AND A PORTION OF LOT 3, (CURRENTLY ZONED "R-1e/SP" ONE-FAMIL Y DWELLING DISTRICT WITH A SPECIAL PERMIT) BY GRANTING A SPECIAL PERMIT FOR 91 PARKING SPACES AND A DRIVE~THROUGH PHARMACY, SUBJECl TO A SITE PLAN AND FIVE (5) CONDITIONS; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING A PENALTY; PROVIDING FOR PUBLICATION AND DECLARING AN EMERGENCY. WHEREAS, the Plann ng Cornmisslon has forwarded to the City Council its reports and recommendations concerning the application of HEB Grocery Company, LP, for amendment to the City of Corpus Christi Zoning Ordinance and Zoning Map; WHEREAS, with proppr notiCE to the public public heanngs were held on Wednesday, May 1 7 2006 during c meeting the Planning Commission, and on Tuesday, June 27, 2006 during a meetin~1 of the ,::::ity '::ouncIL 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 Cltv CDunclli,as determlnecJ that this amendment would best serve public health. necessit/, and convenience and the general welfare of the City of Corpus Christ: 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 Ei Special Permit for 91 parking spaces and a drive-through pharmacy on Alameda Estates, Block 2, Lots 7C, 70, 7E, 7F and a portion of Lot 3, subject to a site plan and five (5) conditions (currently zoned "R-1 B/SP" One-family Dwelling Distnct with a Special Permit), located 167 feet east of Delano Lane and Robert Drive intersectilJn (Mar) 04:~(38) (Exhibit! SECTION 2 That the Special Permit granted III Section '1 of this Ordinance is subject to a site plan attached as Exhihit .6.. nnd the following five (5 \ conditions: 1 Add shields to existing light standards 2 Require a sever (7) fom wall along the north, east and west property lines. 3 Maintain eXistinq landscaping and maintenance of wall along Delano Street. I age 2. of 4 P'()vlde;:j '>N( ( fnnt illdllllPC'lted directiorlal slgnage for pharmacy area , Suecial Permit [0 expire one (1) year from date of ordinance unless property used as approw:d SECTION 3 That trle ifflclal .?onlrlD Map of the City of Corpus Christl, Texas, IS imen,Je, j te reflect lhe'Hllerlc1lnelli ]() the Zonin~J Ordinance made by Section 1 of thiS irdin;:j;lC SECTION 4. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Te>a~ dpproveci)1 th, 27th day rJ.\ugust 1937. as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remal" In full forCf'~ ;:ind 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 amenejed to conform te' the Zoning Ordinance, as amended by this ordinance. SECTION 6. That all D!"dinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed SECTION 7. A Violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable under Section 1-6 of the City Code of Ordinances SECTION 8. That publication shall be made III the official publication of the City of Corpus Christi as required by the Citv Charter of the City of Corpus Christi. SECTION 9. That upon written request of the Mayor or five Council members, copy attached the City Council finds and declares an emergency due to the need for Immediate action nece,sary for the efficient and effective administration of City affairs and suspends the Chal1er rule as to consideration and voting upon ordinances at two ;egular rneetings so that thiS ordinance is passed upon first reading as an emergency measure on this 2il day of June. 2006. A TTESl CITY OF CORPUS CHRISTI Armando Chapa City Secretary Henry Garrett. Mayor City of Corpus Christi APPROVED: June 13 2006. allJ J,/fri>>,,~ . ____________ ~ Assistant City Attorney For C;tyAttorney ---IILFG-rliR ')()OR\nf).;,7 no; 'c HES C:Pj.Ns(If),"R1 ,1r' ')age at J CorptiS ChrlSll i ex as lay 2006 TO 1 HE MEMBE:RS (IF 1 HE C1i'y (~OUNCIL Corp ~- ,h S+I el1~ For the reasons set fo1h In th2 Pil1ergency ('i3USe '-,f the fn"egoing ordinance, (,m emergency eXists requiring suspension of the Charier rule as to consideration and votinn upon ordinance:::; at hw rplJlllar meetings IIwe therefore request that you suspend said Crlarter ;,ule anCl pass this ordinance finally on the date it IS introduced, or at thE' ('resent meetlnc of the Sit\' Council Respectfully Respectfully, Henry Garrett Mayor City of Corpus Christi Council Members The above ordinance was passed by the following vote: Henr Carrett Brent Chesney John rvlarez Jerry Garcia William Kellv Rex A Kinnison Melody Cooper Jesse Noyola Mark Scott >-1'\lFG,''R '~r!arc'r!"""":'-:\,,,,pnrj '\2n(J!' '\F' 7',f\Lr,! 11 HER ~Dr;-Ns()6(JR1 'j de -- ......~... I P Blll'~/ \-- 4 f n ;'. V L ;_. .:; ~_: . P(il.tIlt~rS lK, ':::00:>356-1 ;':'8. Lei', ;'UU6 ::"6 1';::. .5 [I CO:" - 3 5 6 . j 3 FIEU) NOTE: DESCRIPTION FCf..' :HFl F RE::.C _...J ~ ~ .~-, F__Z:.~ C A ~ f u ~ L .JI,....' (~ ..L :.. ~ J.. _;!,-/E.:;.Jl- r S1 z~TF.:~.' r = i) T U:'lE '~'EXJ-, JIJ c. .' "1 .. -,. r' , ~ t t.,~: r RE~l:'~... Pl>,P'T: . L=",P "t"...Jt. L< _ :~'}' S K, I ~- ~~ I) ~,~ COMMENCING, ::'," F'y.t,C 3CUT KEJ,S'I E ~.l . f.. ,;cj t .30C,:,"L(\';FSTE:~1 ,,~J-l"r l1h F}, :i .. :1GF,:H2:RL THENCE .GINE ,,::' DELA,'K INC1 ~1 r:."r C; ,- LANE, :!j, ,RY' I'-L 1'F S r.>(l~N'I ')F BEG"NNTNG THENCE R l:;H A PC l' , t-, THENCE LINE E LS-'..ANj LJ-\.f>JE AI,.! 14 S) :; [2'I.., pr It'] :~ ;, I . ',"'12. D,L. REe\. q! LL TEX]:; -~~I\I'TE r -T\i L ivlF r /1'''' \.,l^~<' () C C)((J - ')4 L 1', c~ ('ATEr T TEE CrTY OF CORPUS J~Glj-~t~ ...~L.L.- ()? LO'TS ~IC, 7:), 7E, rrH::: ;yL~? OR, PLl'.T THEREOF JL"-~ RECCiP D2 ot' I\'UECES COUNTY, i:l,LP..."1EDA EST;t>.TE:, 1~.CCOF,DING . L ~Ul~E -;, PAGE 41, IvJAF :);,_ '... .", ~",C?ES BEING IvjORE ,> ?~S ,~_'~ '._ ? L;' I ~'J'~' l;,j _'1"':", !::iL )-:u I E /,F, ,:; , :::"L:::v;~ . ~-'JJ>PK N,.~ TEE INTERSECTION OF THE ROBERT D?IVE WITH THE FLAKe lA~S ANC FURTHER F <: ?~.~ E;\ ~: =.:-.:;"j -, B ::'.LOl'J(,HE SC;OTH~':ESTERLY RIGHT Ot vJAY '[':cTANCE ~'lE',6~ FEEi', TO A FO'JND 5/8 IE;:.. l'JCST:~CR':'HER:::"Y ":CRNEE OF LOT 7C .D.ND , .,~- !~C:Fj:;' ~ SSCRI Ei) T~.[,"':~'T OF LANe, t.! AL G THE SOUTHWESTERLY ~3T.qNr=E ;')F 335,82 FEET, TO ;';',1 jL[ I.p,r'F, , fA IN( HE SOUTHWESTERLY RIGHT Of WAi ROSS7N(. SkID IJ1 3, .r:., DISTANCE OF ATE IN THE NORTHEASTERLY LINE OF LOT ACCORD~NG TO THE MAP OR PLAT THEREOF , r 'vjAt RECr';:{:::)5 C:E' NUECES COUNTY, i' .'" '3"" 'l'HENCE, :; r ,':,!'< 'i: 'C: EI .-\...'r\l >_-'.1 l~ t t, t_:.,-iE ('J . '1 3('" ; ,. T' f-' '\ r; THENCE oO'..1C ) L~ ''',''7' POINT OF' nEGINN:lNG LFS _~~~ '[.r ,- \f =':~ ~ -HE P~HF~-~EP-Y LINE OF LOT 1, lL:~,Fr ~;\I':: TH2 f'.lCiST '(J;-';STERLY -~ tJ t. ,:"['1::, b tc ;~ '",1 n:.:, ,iJ:,S] Illl;\ :.:i~)UNCA?, ,c-:NE 3t::Tv-It-;C;I') r1 C",' r;':':'T '1'(', T!-iP n,'-:E.::: \)F E"l'lC,lOFE Ok ~\i':'~ - '~ I F JS,:,;E L: .~'T~R2_, FFOFESSHJl'JAL LsNL: -ERn f';:' Tl-P," THE: :"JROPSRTY DESCRIBED HEREIN 1?,'7~ \lr.:'::E ,,\'HE ,,::;?O:JND UNDEF iVI SUR' :=:'F, :X l-'EFEBl WAS ~'I~~:~l' E FR0I1 JIRF-'r~ON ,SUI' SlFE::R'JT :'T':';') BURl pf,FHn::R.s, It\) . ENGINEERS AND SU?VEYO?~ 922 I;~()M ROAD, SilT:' #10' SAN:~I r':=if'J 1 C ~~x._ ~.S ) r' 6 ", f i. /' ,_~t'lt.:) \ w~ /' ( h~~ ;/ -Zl.~1~C:: ::'I;S~E!I ?' ~,.l'.tc~ . __ ~ ,~~ F.?,l.:: #4230 s. 'r- ~~T E ,~f S )'~_A. ~ ')(0 (J1 4/zp;t~ :JP:.TE ~~~~~ 'I l 'I< " ~ j I ~. ~. ~ o ~ ~ ~ z., o $ o ~ :0' , . ~ ~. ~'c ".., ~..c; rMJ r ~.' ~ , .- 1'-. -- :\ ""', ~ -,"- r-':L- m .....T,,'.C....~.........~~. -..,... -MOto. . ",-..""'... ., Xi.....-~-- - = ......... '. _~ ~-B':-~,__i , j-n . ;i ,.t'_~. ,; ,... 1\'. \.0 'II" ..~ ~ '.~ ~ ~;: -4~ '107] 'r'C (")< --010 r', ." >- ;J) "::" -:tl Zo Gl." mO c(/) 3:m 3,'::0 '::Po " i-< "" 0:><<> 0- \'"''01''- -0"'" )>)>J>o nn{" rrtrrlr' c..-'-I i./}' Y;-, ,..:;,- ~). ;; '" -< '1 '0' 51 0'(; "-"- . "''''-. ~u ~,. ---= ~~ .:.; ~~J: u,~~ ~-<;Jj oe "" 0.,' .t: ;2 .~ o~ " ;;]-,- U,I c: J' r.=~1 1 ' 1"'.:>:1 " ~;;;! ::J 'I: 1"- . I..."'.... ::..', ' ~ l' ! Ft \ _ R 'I ~;i! ,II .....- -....1 I~' , ~.i. ~.i L~' ~. JL.,"" "- ~! ~; ,~< f --' ;~'1: jXl ~ i~ C) l;:t~. :l_ '1; ~ -<'" .~ ROBEl'll OR. AND a ALAMEOI'. CORPUS CHRlS1t 1"El<A8 . I "'l. Y ~ !\~~-- lJ<r\~ '( .,~,":, \.'" ''-. ..;.t " '~~I- ;o;;:i ~:I L :;:o:! ot or .,f 0 .' J l, ,'( -" , !~i: 2;to-'~ . ~~i ' ~:J!ho,-~; ....~i , "- I ;'; ~---:? -~2J&,,~, '-- ROBERTS MSIiI CORPUS CHRISTI foe " f ,\ 'I..lA.y~ ~ (/.r -:~{~i~ ,2S,':' ){;()(p . 0 /t .-....-...., -~.- ,_......... ,....- ~ '~~\<~\~.~:._~~ -'-":::'-,-.-l l'ROPOSEO SITE pu.1. '" 1-, ~: -::=:r___.'. ~~~::v.._,;..:_ ~L_ ."'~" ... ,~;_.:? --:"," ~? "-. v";'/ -r" '. ~ '-~ "/" r:~ _,~ " '-,..',~ -,- r.(}'J ",0 0, ':-'",,\:~" 7~.,,,,~ I f ! I ~. I J ! .' ,- ,/'/1 -.. 0 I , . -ii (' o d . I ,,~7 I .-:::~\l: / -f.(/ 'I '..:..:~--- '(.;:,./ I ,::,)/~/;; Vi. 'ff' o ~ ~ ~ g ~ '. ---,\-r . '\ v' ~~ i' f I ,.."-J / / /$1) ~rl ./ --.;~~/ <D o / '" o I=t ~~:,~.~.~.~~ .._....IIJIt.. """--.....'*'1 1".III..............pl....... ~-~- 25 \( ; F'\' I) \. \IE\10R\'\'IH\1 PI HI II IH \1<1'\(, /0'\'1'\(. (" ,'I1tll'! \',1!, !):I[t' (,); ')Il) CaS('~l), 0506-06, l.ouis R. and n ~1 . I ' I_II..- d "I \ n\\ ( i \' Lun '\'ell E\afl\: I ) , ., h ,'" ill \ c\1;mgt' of IOIlIllg: Ii'om "R-I B" One-Family Dwelling T' II "III o!' J ot I. Block I. Brezina Fmlll 'd', .!Ilel \ll'/[I1:1 Road ami WCo.l or \\ebLT Road I' i, I Planninl! Commission and Staff s Rt'Comlllclldation (5/3] 106): .\1' pn n;t! of the ")-1" Light Industrial f),t, RCqlll~!SQJQ!u,~jL~cti(".! \ I )PI ~I ,,' ' IC" Ilhlll"lri;lll ):"lrict Purposctlf Req IICSl 1 )l'\. OP111"11 \ r! .'-' '1 ndll-.:I: I ~!I.: \:', Summ~1!' \ : · Request: rhe appll:an, h,I\L rC.]uc'lI',J a 10llil1g challgc rrolll "R-l B" One-Family Dwelling District to ", '1.2"] :gb' Indu-.:I:Jal I)I"tr\\ 1(\; 'Iil' dn'clopmcllt oj']lght industrial uses, The applicants are nOI rcqueslIng rt'/ollltl!c oftht' rCl1ainJn\2 portIon or Lot I at th]s time, They reside in the existing sin"k-t~ml!h rtSdenc, ,m IlK rCmall1l11i,' portHlIl (llthc 101 and wish to keep the residential use CO!) "wmm:.! to th.' "R-Ilf' nlstn I hl~ wIll permIt thc applicants 10 rebuild or repair the residence if It ',In> C',) '." '1,"11! ,.'anl \ d:1 ,\ firl' '-,1('1'11' ('1' u[hn cataslrophlc event. .. Exhtillg 1 ,a\H11 se i:c \U[)!CL pmfTll\ IS \ dLli11 land \\ Illl frontage 011 Brczina Road to the east and Bratton Rnli(' 11' th, l1on\: I <'Glttr! '0 the wcsl 01 the subJect property is the applicant's single fal1l1h homc 111 an . R-I 13" l\!11111i!, dlstmt and Cabal1lss held in an "F-R" Farm-Rural District. The \a.1l ral'I,1 Jd:,)1 csull.l1'd'lh"ubJcclprOpCrl\ )~/oncd"R,IB"One-FamilyDwelling D. '] ill, P"!1l'l\ )u1 !!I),'"l"c'.'lpropl"'1\'ill1d"dS),)fBrc/lllaRoadiszoned"R-IB" One- h.l II!)\ ~' I }iqr ll~ )lCl!;)ICI1 I, nOIKon1iml11i1g cl1closed storage faCilities. This property w: '\cll)))(c I, l'lk'l, -cd 'tl)r:l:~(! LLi Il':, hel;'ll: II \\eh anncxed Il1tO the City, East of the subject pr"nul\ au"s" HIT/me, Road IS)I'OI"-":'I\ \vlth a ~illi,.dI'-fal11il\ resIdcnee surrounded by vacant land and alllonce! "j-T [gilt Industria] DistIll'\. · Transportation. l]le pi opertv L',1I11aII , ,ns Ie,'t 01 rrll11tage along BrezlI1a Road and 283 feet of frolltage along Blatton '(oad. The pmpcrty IS ]oealed approxlrnatel\ 2.200 feet west of Weber Road and IlllmechaLeh south ,f W O. W 11Iduslnal Park · Utilities: Holh waler ;,nd wa,k'\atn :,crvlces arc available to the "lte, · Comprehcmive Plan and Land Use Compatibility: The proposcd light industrial land use is COll~lstcnt witn Ihe !'uture Land I Ise Plan. The Southslde Area Development Plan calls for light mCluSl rJaJ 'sn It' u]l! Ill,<tely cleve lop ,d Pllg Bratton and Brenna Roads. · Landscaping:! he I It:. S Jandsc,lplllg Icqll1remenls Will apply to any new development on the sUl)jeCl propert) ThIS IIlc]uJes a !1\'C toot wide landscape screen of vehicular use areas adjacent to puhhl <;Ired' and a 'nin:muIl1 oj ':;"" ,,,lhe total "trcel yard devoted to landscaping, . ~;~cth.Li:'\ i1 ,ilk; ,i~(' ",,'1 , ,!~:e \pplicant ' ,_POSitiOli, T:'r) ,,11 j ,-'...' :ll\..': !] 1,.'\"\'1r\ln,,-'nd~11':~ll1. \;i Ill- "I..' ill,_ 'Ii \ ,il(\ lJdil"-.'l,j l~ illd_ill"iliih..Lug ji!dpl...TlY d\\ll"-.T~. ICrU (0) \\'LT( 1\'" ,'il' ']'! h' 1),' 1'111 20", rllk is 1101 ill\okt'd, This rase is eonsiclt'red !lOUt'OIl! 1"0' tTSlal " i\11chael N, GU!1!1l11g, !\ICP 'm'll'! I k' L'li)I)ll!l'!lt Sl'!'\!l'eS \lGFC\l 'lip \ttacbJ\ll'lIt... /"Plil!1t:- R~~pp: J>L:llIllll.',' ; ," ; )rdmanct' , 11 "~l i \llmll', ( 1111) j 1 \[ N " ;! CITY COUNCIL ZONING REPORT ('ase "0 hill Plann 1lIi2 ('ollllnis"io!l Itearing Hat ~ '';:' c- = .t: ~ ;- .:;:: ::.. =-~ c.- < :1 ::.. Li \ .~ '!)I II c: I.' i I \ Pl' I i(~l!\ (h, lit'!" -";~llll' \gent "'; \ LegaIDes.:riptilln/Luc.llioll H...'lllg'_, ,llll' 11~IU \Jut! 1 L\Jt I, Block I, BreLina Farm rraC!~ ICl'Jll'd ~ ! the ~Ul!tl1\\>1 !l1tcrs'~'cl1UI1 ,11 HLlttOl1 Road and Brezina Road and west ,,'\\,hll R"ad \\ () \\ 0Ll~ = ~ .. ;:I = ~ = ~ N" From "1<-\ H' Unc-I'ar1l1ly Ih\cllll1g l)hlllCl To ,,' .:' Igh! Industria I listriC! Area ; 2~ ac es Purpose of Request 1)(\ eI01'1I1l'l1t 01 IJ1du~tna u~es "l:; c ~ - "l:; c ~ OJ) = ~ .- rF = ~ =- N bL = .. ... ~~ ~ ;.; ~ ". c.c ~ c ~ .;: ~ ~~ ~" ~~ \~jtt ExistingI~Il.~ .1'~e.. \' ,\ (,(lIlI VOrfli SOllth .l(ming "R-I B" )ne-Fatml\ D\\clllll'c Dtqnct "1.2!::1"!'!!JI~d':l~lrIal [ll~tnet LIgJ1t Industnal "R-] B" . )ne-Faml1)- Vacant and enclosed ])\~~II1~1S Dlstnct .~+?tol~age ra~il!l~~.____ r I'ht JnduS1lla] J hlnet . I U\\ Densltv ReSIdential i and Vaeant ---+ - , Low Density ReSIdential. \ ,]C~1l11 and PLlb iIc.Seml- PubliC (l aballlss FIeld) t'" ,"ell,1 We\! I~ ~irJll- R ural I )lqll\:1 'IR Future Land Use Light Industrial Light Industrial I Light Industrial Light Industrial Light Industrial and Public/Semi-Public (Cabaniss Field) Area Development Plan The SouthsIde\rea Development Plan supports light industrial land 'dSCi~ di 111 " ], ieLl: :un '\1ap'\'o. (I.PO q Zoning Violations '\.ioll' )n!t' II; ase ~() I~- \11_(1/\ : (I' ;, i 1___' \ I ~'! ' c- s S ::l ;J; " ~ - .~ - @ :/ Rl'qw,'t' '11, JP1' 1,';111!~ 11 "\ 'cqlll'''ll'd ! /1\llln~ \'hang\.' 110m "\{-] 11" One-Family [)wcl111lg ,; i ;;Iill ! i "I ;h, ,k\\'L ;);11,'11! \)t'lighlmdustna! uses, The '!! \ Ii .11, ']\1[ "'I I ,I Ie l UilIIL', '1 !llil<lllllll'-.: 1l"I'IIU!i llt'l ul I ;It this time, The~ Ylk ,--' ,I",lii~:--. i,~j .,.[ilth ll..",\iL!Li_ \ij d'!e JL'llld ilillg purliun ul'll1c 101 ~l1lJ \\'l~h tu nil,' ,f '11'1'-.:' !{ H'! )hlr: [his \\ill plTlllit the ;lppIIC\11h \1) , 'II! 11'1\ ,.Llll1il!'.l'd rll'l'.,[OII11 \11 i 1 _,1 ,II' (I \ ~11 .. ' l - , . L\I.,tillg' .and l ,c-: hI. lk'c'l )'ll'\I\' 1,10<1 I Lind II Ilh ii'lllltage un Br,'zllla Road to 1!W 1';1< ;1 Id I (rat1ull ){qad II 'hI' nnr1h (j\.ll1ed tll the 1.\\'~1 oi'the subject property is the ,'I l; 11,.1 ,gk "Iii ,; I J: Ii '-' d h l I ;lIld (~Ihalliss Field III a I R !aIl11-)Zurai ni~i[le' Il' \lk~lli Iralt \It' land to the south orthe subject property is 1"1\.'\ R) H Oik 1',11111 \'11111'-' I ii' The prllplTty ~nuth or the subject property and a~l I' HIl'Llld Road I, /()J]nl R-Ilf I Jill' lallllh [)wellllg: District IS occupied by (11\." j;)' 1111 :g l'llc'I(l~,'d >1<;1 ,Ise t~l(illli," 11th plUpert:, \\JS dnelopeel as enclosed storage lal'lIl'I,'~ lel;'I'e 11 \\a~ annL'\\'d mto tll\' (11\ East of the subject property across Brezina t\llad ,\I'I)P' '1y \\ :tb I ~11H.1 ' faml1- r',.'\ldcnct' ~urrounded hy vacant land and all zoned "I- I 1,,111 !lell ~tnal D1l1nc ! ran'portal!on: ! !i,. !,ro[J\!' ,'011l,III1' -1;-; tCl'l IIi' rron\Jge along Brezina Road and 2~3 feet ()!' fi()llta~e a tlng 13ralion R',}clcl. Thc property h located approximately 2,200 feet west of \\\;be Road me! Illlnll:dlatc], ~outh 01 \\'( !\\' IndustrIal Park . "tilitil's: B ,th \\ :ltt') :1Il(' I, 1,1t'\\a1l'1 ,\')'\ ILl'S arc available to the site. .. Comprehclhive Plan and Land l'.,e Compatibility: The proposed light industrial land LLse IS ,:onqskntvith the Future I and Use Plan The Southside Area Development Plan calls for Ight IllClttstrlll US,-'\ t(1 llltllllately develop along Bratton and Brezina Roads, . Landscaping: The C1I\"s landscaping reqUIrements will apply to any new development on ill\' Sll\l.lC,,_'t p'operty. Ihl\ l!h.:llldes a he ioot wide landscape screen of vehicular use areas ld';JCl'nl 'I :bllC qrl'l~ir, '11111111I1i I;";, III he I ilIa I street yard devoted to iand"cap:ng Strel't Type Existing Paved Section Volume (2001) ~ o =' HrallOI ]\",,(] I uca lidlc'c10J NA ()I! ROW \\:20 ft. paved rural - Coil Qj l. - !f; secllon Brenna R('ad I (lea! ,ol!ector 60' R.O,W. W 20 ft paved rural section NA ________1 as, " jg~ i\h ,/ 1\ " ... :;:l llI:l ... s: f ;r \ I'iat I, '\qUII\:, h,' Ill' IUri,!!II,' i1,Tll1lh ,iI: ll' ,,"lwd J: .... .... ~ ::: .... ih_ ()rH 'l. ~ ': ;....JI t l,-l ' ,] j)] ))-, /ll"lt 'hI ,r(l\ ';,,", j illl' ( ,II .I: '"'' ILk \ ~lrIL't) or Irghlll1duslriaL 11i", \\ ,1\ 1 ilL' "lIlTOtlllding lIses ot'thc vV,O\\ , ,I, I,;;! n h I USe' pl:111 ~ = OJ "" :: ... l.. ~ Q. OJ Q c: .S - :'$ "':l c: OJ 8 8 Approval lrlhel-2" [lghl IndustrIal DistriCt. Q ~ Q,l ~ l:: ~ - :r: .- ~ - :: .::: OIJ.S -5 .S! ~ :: ==.... :l.i == e s \pl'r(\ a )1 'Ie 1-] ..:! 8 S ,Q... 0-. W :.; ::J -:::: I '11 hi> ria] DlsI ,I V; -"'0 :: '" Q,j ... e .~ e ~ Q Q,j W" Nurnber Iii' ''"otIc c:S f\l:lIk Fa\ur I) OPPO:-,ltlUil, I As of June \( 20()6) Attachment Zonll1g \1ap dIL ,g aSe '\i 'igt" ...;. ! { I - ~ i!' \ i Ili lI.-'\ .\i' ~ ..-; .,,' "l. y: ~;.: "r", 'f.... ~ i '\i ~/ ee/ c~ .,N\ '~ ~------ . ,. '. ..-') ;-~ .A T ~ CJ f\ FR 1 t) , '- B ,--> HEM I A f'i cor"" r-,JD~, 15MAY06/HK F.R Farm Rural Distnct 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 Distrk:, RTH Townhouse Dwelling District R.2 Multiple Dwelling District T -1A Travel Trailer Park Distrk:t L 18 Manuf~ctured Home Par~ Dis! TiC Manufactured HomE Subdivision District FR x. .", ." .,7"" .1'\.....-:) ~, , ~;\ rq A. :.... <:::J 1..(1 "-- "- ~ BOHEMIAN COLONY LAN OS Case NOm l0506-06 Notice Map All' I'il,. 'J ".. ! ',' " ~- - - - - t-'---',';;r;~~__....._,__. .; ~_...~-- A.1 Apartment House District A-1A Apartment House Distnct A.2 Apartment House District AT Apartment.Tourist District AB ProfeSSional Office District 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 8.4 General Business District B.5 Primary Business District B.6 Primary Business Core District ~ NORTH 0 150 300 --1 Feet t'G IS Team ~~ -.' '''11"' ~J ..TH!. 1_1 i.i;rdted Industrial District 1.2 Light Industrial District 1-3 Heavy Industrial District SP Soedal P,mT'it PUll "!d1l!eC lidi. [)evelopl1lem He Historical-Cultural Landmark I.lreservatlon \JI'\I IF" RF(;n \R PI. \ '\:\1'\(; CO"\IISSIO:\ \IFFTINC Uldltii ('halllbu~ (it\ lIall \\ 'd!".~d,1\ \L1\\ I. 200(, 'I i( II I clUJ' R an,1 Lucy ~dl L\an", I rum anR-llf' UnL'-i'aIl1lly Dwelling Distnct ,j I'" 19h 1 Ind I'" t]', (I ; ! ,t r' c I Beint'- ell .~'1 acre tLlct IJut () r Lot 1. H lOc' k I, Rro11la \' arm Tracts located at the Jul11\\ L.~t II'ter~ectl()l1 'I! HI ~;tt()n R,):,d :l1id Hre/11l(l Rnad and west of \Veber Road i \\ I) \\1 \1 Ruasch pre~enkd the above case 'lutl111lng the suhJect property located on Bratton and i~re/m,! Rilad. ,outh ()f \Va) Out Weher InJustnal Park (lied \\cst of Cabaniss Field. The sUlTounding area conslsh olltght ll1dustnal u,es. low densltv residential and vacant land The apphcant is requesting an "1-2" I l~ht Indusln;u Dlstnd for the purpose of lIght mdustnal uses and IS consistent with the future land llse pia!: 11 the area ,urriJunding tlw \Va', i )ut Weber Indllstrul Park, ! here were seventeen (17) notices mailed (lUl \\'lth len> 1Ccc']\,cd in fa\or or opposition Staffrecolllll1end, approval of the "[-2" Light Industrial District Puhllc heannu \\as .pened, '\ \ .)lll \\ a", "re",en1 '11 Ll\or 'lr (\1']1,h1110Jl Puhltc IIL'arll1g \\as ioscd, l\lotlOI1 \\as made by ('0111111'S51011er Puslc) and seconded by CommIssioner Skrobarczyk for JpplO\ dl (d Ih~ "1-2" lL!ht industria Dl',Uj,:', MOtJllll p;hscd uI1anll11(\usly. AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY LOUIS AND LUCY EVANS, BY CHANGING THE ZONING MAP IN REFERENCE TO BREZINA FARM TRACTS, BEING A 3.271 ACRE TRACT OUT OF LOT 1 BLOCK 1 FROM'R-1 B" ONE-FAMILY DWELLING DISTRICT "1-2' LIGHT INDUSTRIAL DISTRICT; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM rHE EXISTING COMPREHENSIVE PLAN; PROVIDING A PENALTY; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY WHEREAS, the Planning Commission has forvvarded to the City Council its reports and recommendations concerning the application of Louis and Lucy Evans, for amendment to the City of Corpus Christi Zoninc) Ordinance and Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, May 31 2006, during a meeting of the Planning Commission, and on Tuesday, June 27, 2006 during -3 meetin] of the City Council, n the Council Chambers, at City Hall, in the City i:f Corpus Christi, dUring Nhicii ail interested persons were allowed to appear and be heard, ami WHEREAS, the City Councilnas ejetermined that this amendment would best serve public health, necessity, and convenience and the general welfare of the City of Corpus Christ, "Jnd !t~ Citizens NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI. TEXAS: SECTION 1, That the Zoning JrdinancE the City Jf Corpus Christi, Texas, is amendpd by ~h(m~lIn~ the ('Olin:; Brezlf1d Farrn Tracts, being a 3,271 acre tract out of Le' Block 1 located at thE: southwest intersection uf Bratton Road and Brezina Roaci and west of WeLler Roael (\IV OW ) from ''R-1 B' OnE~-family Dwelling District to "1_ 2" Light Industrial Dlstnct (Map 047(34) 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 Zoninq Ordinance, as amended by this ordinance. r-'age 2. of 3 SECTION 5 That all o'dinanu;s CJr parts of ordlnanoes in ":onflict with this ordinance are herelJy expressly repealea SECTION 6. A violation of this ordinance or requirements Implemented under this ordinance constitutes an offense punishable under Section 1-6 of the City Code of ()rd i ne1 nfPS SECTION 7 That publl..:ation shall be made In the official publication of the City of Corpl.l::; C,lmsli Cl~ requli ed by tile \.Ay Charter ot the City of Corpus Christi. SECTION 8 Thaf UpOf i wntter i k:st of the Mayo! ill five Council members, copy attached the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and 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 2ih day of June. 2006. ATTEST CITY OF CORPUS CHRISTI Armando Chapa City Secretary . Henry Garrett. Mayor. City of Corpus Christi APPROVED: June 13. 2006 11"1 .vl.rimU~. __ __._ ___. _. ~ Assistant City Attorney For City Attorney '.LE G-r,n' 'Jrp(iir: 'J', C !d lO()e'.' '}NS(jrijrci ?,cJoc Page" oj 3 Corp! IS Chnsti 'ex as lay 20C!tJ TO -r HI::: MEMBERS OF THE CITY COUNCIL Corp JS he '-;'1 ex.F For the reason~ '-;et fo'1h in th' 8"'rrgencj' '=!3use of the fcregolng ordinance, an emergency eXIsts requiring suspension of the Charter rule as to consideration and votinq upon ordinances at tV\lC regular meetings IIwe therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meetin~ of the C-::itv i~(iUncil Respectfully Respectfully, Henry Garrett Mayor City of Corpus Christi Council Members The above ordinance was passed the follOWing vote Henr" Garrett Brent Chesney John Marez Jerry (iarcia William Kellv Rex A Kinnison Melody Cooper Jesse Noyola Mark Scott '-':\LEG ",!to '-ha",'1'''.;') 1J(J(1,' nO( , SlA I E Of TH'A~ cOtJ1\,'TY OF "WEeES Ion ~, 0,05-7008 '.1'10 ,"\CRES ALL thai certllin tract or parcel of land sllualed in Nuece~ County, [Uti. same l~illg within the Corporate C-:1ty Limits of C<:lIPUS CbriHi, Tnas, same being Ollt of Lot I, Block 1, Brc:dna Farm Tracts a:> rC\:oroe<:l ill Volume 41, fllge 107 of the Map Recol"d~ (If "U""l"~ County fexas ,amI' hf'inj; known liS Lrlt \8 of :l rf'plat to be filed .,1' "h & B. Bin ! n, C.'i'H 1""1:1 Trllct'.. and d,'scril,ed b, ml'tc. :llld bounds ,r' folio" s. to..,,) BEGI",'\,l"lC ;,{ ;) 5'$ inch ron rod lnmv< !,.~ thf \\'(>" ,'OI'lH'! pI saH~ Lot! same beiD~ the Wl;st corner of said Lot 18; IHE;,( L along rlH' Nvrdl\' est boulloan lill" ,If said LIt 1.. \ORTH 29 degrees 00 miautes Ot.~ leconds EAST 155.14 feet 10 1I 5/8 iRch iron set for a Northwest tonu~r of tllis Iract, same bting a "lorthwest cOrner of ~aid Lot lB. ~lIme being the West c,orn~i of :iaid L";jI{ lA; THE!'\C[ :ilong tilt comw,'O boundary Ime If said LvI> 1 \. :and lB. SOl'TH 61 dc&rees 30 minutes 45 ~ecolldi EAST 165.00 feet to a 518 inch i..on rod $Ct for an intenor cornel' of this tnH'I, same being an illterior corner of said lot lB. same being tht South <;v,ner "f Silld Lot lA, THE:NCE, along th<- common boundary line of said Lots 1:\ llnd IB, NORTH 29 degn:es ()IJ minute, 00 ~econds EAST 280.00 feet to 8 51!:! Inch iron rod set fl,)r the North cQrner of this tract, ~;une bEoing the .'iorth corner of said Lot IB, same being the East corner of said Lot 1 A, same lying in the South",est right-ot-way margin of Bratton RQ.(l; "HENCE. along sllld Southwest cight-of-\\ll)' mllrgln of Button Road, SOliTH 61 degrecs .;0 minutes 45 seconds EAST 253,42 feet to a 5/8 inch iron rod set for II corner of tbb tnH't and of said Lot 113, ,amt being the point uf t;u,vHhl~" of Il curve tll the ri;:;ht at the int\:rs~cti(,n (If Bratton Road with Brc~ina Road: THE:'oit. t. al<.>l'lg S31(1 curve 10 thl' rjgnl, :a raUlU5 of 10.00 i~c(, II central angle of 87 deuces 52 minute~ 57 ~"conds, a tangent of 9,64 fect, and a length of an: of 15.34 feet to a 518 inch iron rQd Se{ for a (;orner of thiS tract and of said Lot 1 B. same lying in the :'lortnWegf right-of-wav mJlrgin of said Brezina ROlld: THE '\i( ie' along ~:Hd "orti \\e~\ righi-,)t-''''a~ margin of Bn!,dna ROll.d, SOLTH 27 d,egret'sB minutcL. Jl\ SC(,finds WIl'ST 388.' l feet to 9 "/8 inch iroJ1 rod Sft for a corn~! IJ' tbis tract and of sliid Lut 16 THEl'CE, continumg along silIid ~orthw"$t rigJU-ot:..way margin of Brezina Road, SOUTH 29 degreeg 00 minutes 00 se<:ond~ WEST 3/.23 feet to a 5/8 inch iron rod set for the ::;outh corner of thi~ ttact and of said Lot 18. liarne lying in the Southwest bounduy lin~ of sl'id Lot I THENCE, alollg the Southwest boundal'Y Iille of this trllct llnd of said Lot 1, NORTH 61 degr'ee~ 30 "liDutcs 45 seconds WEST 438.25 rc~t to the place of belinning lIud contilining 3.2710 acre! of land I hereb~ certify that this surve) as retleetcd In the above Field l'OM and attached plat conforms tQ the current Texas Surveyors A$$ociation Standards and Specifications tor a Category lA, Condition II Land Survey. Dated tbi~ th~ .J.!e day.w _ "ItA 'Y "_~ JJ-:_ _ Ronald A Voss, Registered Professional Land Surveyor No.2293 ,201J6 .... ~,~~ l'" 'r1' ~ ~cJ~m i ~. 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"'~_M _~~ S 27< 33' ~8" W 388.31' BBfZI"A~.__ 160'ROW\ :; ~ ..,. o '" l:.j I:;; .~ tD <11- ~I- ~i~ "'!O Ori f::' a(S: ..1'=. ctj ,. -1 1'- ~ ~~' 50' 'JRAPHIC SC"LE ~ ------J.~r J 1 '" 1'050' voss f:!'j!~lrIE:::HjNG AND [.AND SUR\/E,(INC.~ 3756 61\ATTON ROAD ,:ORPU5 CHRISTI TEXP,S 76413 -jf, ..')~ d.20'L ;:AX -36 'dJ$~ .t69S- T-.----------- I I L I .______._L_ , 2113105~ n -;,.& r!6 - 02114/06__[_____ l--.:..~r'IE!RINO INC 05-7iS08 \ /,1/ fz ..t "jj. 26 -...-----..---.--- \(;ENDA MEMORANDl.'M PUBLIC HEARING - ZONING iClty Council ActIOn Date: 6/27/(6) Case No: 0506-07, DHS Enterprises: \ change of zonmg from "8-4" General Business District to an "1-2" Llghr Industnal DIstrIct RIver Square, I nIt I, Lot :!, Hlock~, located along the northeast intersection of Inter',laic' i'"" alce~' road ;md Turtlt- Cred F~oule\ard Plan nine Commission and Staff's Recommendation (5/31/06): Denial of the "1-2" Light Industrial District and 1!l heu thereof appro\'al ofa Specla] Permit subject to a site plan and ten (10) conditions. Requested Council Action: Denl;d or the "1-2" Light Industnal Dlstnct and in lieu thereof, approval of a Speclal Pemllt sublec: to.l sIte plan and ten (10) condItIOns, -.......--.------.--.--.- Purpose of Request I )e\<.:'lopment of an ,tlJice and retal! space for an mdustrial fire and consulting firm. Summary: · The app!Jcant l~ relJue~tmg a change ol..roning from "8-4" General Business District to "1-2" Light Industnal Dlstnct for the purpo~e of dnelopmg an office and retad space which requires outside storage · Hayden and Company the proposed developers. are an mdustnal fire protection and consulting firm servJI1g the OJ! and Ga-; industr:, A portIOn of their operations will require the temporary outside storage of equIpment awaitmg its final destination · Access IS pn:lVJded along IH 37 frontage road. an express\vay and Twin River Boulevard and McKenZIe Lane collector streets · The -,urrollndmg area h developed \\lth multi family apartments to the north and office complexes for Gemml and Texas Ral !road CommhSIO!l to the east · All unrestncted mdllstnal dlstnct penmts, as a matter of nght, a range of non-compatible and oh,ectlOnable uses on the subject property that would not be appropriate to the site due to the property's proxllnily to ill 37. a pnmary entrance corridor to the City, · The Northwest Area Development Plan also indicates that this 1-37 corridor is a primary entrance to the cIty and a designated scenic comdor Uses with outdoor storage, unlimited signage, etc. are not re\:ommended along thiS corridor · The CIty's landscapmg reqUIrements \\ill 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 mmimum of 15% of the total street yard devoted to landscaping. Applicant's Position: The appltcant IS III agreement with recommendation. .\genda M elllorandull! Case No '1511(,.07 iDHS Enterpmc's) Page 2 Notification: Of the SI.\ (6' notIces matled to the surrounding property owners, one (1) was returned in favor and {no (Oi \\l're returned In OppOSition. The 20olc) rule is not invoked. This case is considered noncontroversial. MG/FGM!blp Attachments: 1 ) Zoning Report 2) Plannmg CommISSl'l[l Mmutes (-;:1[ !06) ~) Ordmance r:~v(Jt;~l \-1u.:hael N. Gunnmg, Alep '\ctmg Director of Development Services H:\PLN.: JlR \! lARFt )..{jatl W()Rll\GENllMPv121 'li(.'vlav:0506-W :\(jL'\DAMEMO.doc CITY COUNCIL ZONING REPORT Case No. 0506-U"" Planning Commission Hearing Date May 31. 2006 ~ c: .... .S: II~ 'i Q. Of) ... . ~ - 'i...J ~ lL ::w < 0 Applicant: DHS Enterpflse~ Owner: Jeff Sizemor,' Agent: Legal Description/Location: River Square Unit 1, Lot 2, Block 3, located along the northeast intersection ofInterstate 37 Access Road and Turtle Creek Boulevard. ~~ = ::w ... = = 0'" Q Q,l N~ From: "13-4" General Busmess District To: "1.1" Light Industnal District Area: I -l5 acn:s Purpose of Request: Development of an office and warehouse space for an industrial fire and consulting firm. rIl ~ rIl ;:;J "'0 = ~ ....:l "'0 = ~ ~ = ... = Q N ~ = ... .... rIl ... ;.<l ~ Land Use Future Land Use lots Commercial - sity Commercial d land/Low Commercial e-family --,.--. Commercial -~--_.- ---- d lots Commercial --~--- -- -,---- I Zoning ;-: +-~'-,-.-;-c . -.- -SilL i' 13-'-' ('cneral BLlsmes~ J DistrIct ---1----- .-. .-~- ----+---~ Vorrh i "13.4" Cenera] Business : Medium Den I )outh ill_ ~~~~r~,: One-fa~;jY-6"\~ ~ilmgll. Jnd;-velope . DIstrIct denSIty smgl , ~esldenhal EWl -T"J3-J.'~('~ner~fBI~sme~~ - I Com~efC1a] , I ! Dish-Ict I --+-~~--_._-- --+-- -,. Wesl ! "B-4" (fenera] Business ! l Jndevelope [hstnct '=h----------- Existing - ! lJndeveloped ll(l (1', c.= = Q ~~ ~] ~:> < Area Development Plan Northwest - The requested "1-2" District is not consistent with the future land use map, The plan recommends commercial development. Map No. 06050 Zoning Violations: Nonl.' lOlling lZepllll Case No 0"06-0' (DH~ Enterprises! Page 2 · Ihe applicant IS reque~tll1g a change of zonlI1g from "B-4" General Business District to "1-2" LIght IndustrIal District for the purpose of developing an office and warehouse space which requires outsJde stora!!,' . Ilavden and ( ompany the proposed developer~. are an ll1dustrial fire protection and consultll1g firin servmg. the Oil and Gas mdustry. A portIon of their operations will require the temporan outsIde storage of eqUIpment aWaJtmg Its fmal destination. . Access IS prchlded along lH \" frontage road. an expressway and Twin River Boulevard and C' McKenZIe Lane, collector streets. ~ e e · rhe surroundmg area IS developed with multi family apartments to the north and office ~ complexes fw Gemmi and Texas Railroad Commission to the east. rr; ~ b ~ . An unrestncted mdustnal distIlct permIts. as a matter of right, a range of noncompati Ie and .... 'J'. obJectJOnable uses on the subject property that would not be appropriate to the site due to the property's proximity to IH ~7. a primary entrance corridor to the City. ~ o ~ .... ~ ~ .. .... 'J'. . rhe Northwe~t Area Development Plan also indicates that this 1-37 corridor is a primary entrance to the city and a deSignated scemc corridor. Uses with outdoor storage, unlimited slgnage, etc. .ire not recommended along thIS corridor. . I'he Clty' ~ landscaping reqUIrements wIll apply to any new development on the subject property. mcluding a five foot wide landscape screen of vehicular use areas adjacent to public streets and a minimum of I ~(I~, of the total street yard devoted to landscaping. Street -..--. r- . Type ~-T~' Paved Section Volume ..- - (2001 ) 60' R.OW. wi 20' bk to bk 300 a.d.t. paved section - 2 lanes 78' R.O.W. w/61' bk to bk Not available paved section - 2 lanes ge 400' R.O.W. w/variable 61,170 a.d.t paved section McKenZIe Lane , -1.- - R ura I arterial lwm River Boukvard Collector .- -- ---- -- '-'-"-- +=-- .... . HI ~7 (frontage road) i Expressway/fronta road rIJ .... = ell .... ;:~ rJ'1 .... e i ~ e ell E Q.= ~ r. Q'-' I'he subject prope:iy IS platted The Northwest Area Development Plan indicates that the 37 corridor is a primary entrance to the cIty and a designated scemc comdor. Staff cannot support "}-2" Light Industrial District in this area /olllng Repurt Case N" n"06-i>~ DH'-'; ~'ntel!1nsl"., Page 3 Demal of the "I-~" Light Industnal District in heu thereof a Special Permit with the following ten (10) condItIons. {lSES The only uses authonzed by this SpeCial Pennit other than those uses permitted b\' n!!ht !!1 the "B-4" (jeneral Business District are office warehouse uses, with a office area up t" I ,SOU SqU31 C k<:t and \varehouse area up to 3,500 square feet with a maximum Cd\L' nell'ht ul 24 n~l ARCHITECTUAL STANDARDS: Office/warehouse buildings constructed on the lot shall ha\ l' a masonry tih;ade. OUTSIDE STORAGE rhe outsIde storage allowed as an accessory use to the primary use located on the same premIse and IS hmlted to no more than 30 percent of the premise. ^' II outsIde storage must be setback a milllmum of 20 feet from any public right-of-way. No hazardous material \\ ill be stored in thIS area. --+ I: .~ - ~ s "0 I: ~ e () e 0 y ~ = It: eo:: - r.F1 LOCATION OF OlJTDOOR STORAGE: PermItted outdoor storage shall not be located In the front yard or forward of any structure towards 1-37, LIGHTING: All outsIde Itghting will be citrected away from surrounding properties, HOURS OF OPERATION: Hours of operatIOn will be limited to 7 a.m, to 7 p.m.. SCREENING /\ sohel wooden screelllng fence WIth a height of not less than six feet must be used to screen the outside storage from view from surrounding public rights-of- way and properties. The outside storage shall not extend above the height of the screening fence, except that this limitatIOn does not mclude machinery equipment. A chain-link fence WIth slats shall not be considered to be a solid screening fence. x LANDSCAPING: In addition to L'ompl1ance WIth Article 27B, Landscape Regulations, the subject property shall mclude 5-gallon oleanders every five feet on center between the outsIde qorage screenll1g tence and the pubhc nghts-of-way. All landscaping must be kept in a healthy and growmg condItIOn at all times \) LANDSCAPE SCREENING: AddItional screening of the storage area is to include oak trees planted every 50 feel lO. TIME LIMIT: This SpeCIal PermIt shall be deemed to have expired within two (2) years from the date of thiS ordinance unless the property is being used as outlined in condItion #1 and III cnmpliance with all other conditions and City rules and regulations. I.oillng H eport ( 'ase Nc (h06-()~ l DH S FnterprIse" Page 4 I C' o c-': eIl.= ~ .5 ~ C i =.- ~ I = e el ~ ~ =1 U 8! ~: ~, I DenIal of thc'l-2 . Light Industnal Distnct and In heu thereof, approval of a Special Permit subJect to a Sltc pian and ten (10) condItions fI.l ;-c " ~ E .~ E ~ c~ ~ \lumber of Notin's Maded 6 I Favor I' Opposition i) t As of June 16, 20(6) Attachments: Zomng Map Site Plan HIPLN-DIR\SI1ARFIY'GAII ,W( lRD ZONRPTS' ~006 Mav'CC Reporls0506-07CCReportdoc F -~-------- 8 ---------L / 8-4 6 15MAY06/HK F.R farm Rural District RE Residential Estate District RA One Family Dwelling District R.1A One Family Dwelling District R-1B One Family Dwelling District R-1C One Family Dwelling District R-TH Townhouse Dwelling District R-2 Multiple Dwelling District T-1A Travel Trailer Park District T-1BManufactured Home Park Dist. T-1C Manufactured Home Subdivision District TI-F RIVER SCUARE t,IT : f MCKENZIE L ANE 8 ASSESSORS MAP 138-A Case No. Z0506-07 Notice Map A-1 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 Dist. 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 2 *, ..' ........1..:'".. '.' II,!, l<:.~ _.' _ . NORTH o 150 300 Feet ~ ~ ~ ~ Q) ~ .~ (/) c ::c -': - "T'! o :tJ. m m 7:. CO r- < ~ /'" .. , I I "----- C4 ~ 1:1 r- l> Z tr.l +-> ~ ~ 8 ~ ;.... .- +-> ;::j 's g ;.... ;.... ~ (!) 0-; ~ ~ u ,_ r/'J u"'O ___ (l) f"""'l ----- '. 0... a 31 t:'Ff., ----fA....-d ON r AQ..... --"'--..,..- E ..... ; -t'" RIVER RUN BLVD. ~ l:>ll ~ ~ i~s e~OO .. QI .~ <C> "0 Q g ';j .. '........ ~ t " lr) t-- " o lr) --- t..N. t- I (]) u c: (]) ~ bI) c: 'E (]) (]) i b r./'J f ...... i 0 l~ i~ z r C) ..-S) (::) I/) C) ~ V') ,~ ("~ MINUTES RFGITLAR PLANNING COMMISSION MEETING Council Chambers- City Hall Wednesday - May 31, 2006 c 0506-0 DHS Entemnses: From a '"13 4" General Business District to an "{-2" Light IndustnalIhstrl~L RJ\er Square UnIt 1 Lot~. B]ock], located along the northeast intersection of Interstate ;-; t\ccess Road and Turtle Creek Boulevard, Dan McGml1 presented the aboH~ case with a Power Pomt slide presentation and stated that the applicant has met WIth the neighborhood and reached some conclusions to benefit all concerned. The above request for an "]-2"' lIght lndustna] District IS for the development of an office and warehouse space i11cluding outsIde storage of tire hydrants. The outsIde storage w1l] occupy a maximum of 30% of the property. The subject property IS located on Turtle Creek Boulevard with surrounding properties consistmg of general business and multi family to the north. The future land use map calls for genera] busmess for this area Staff recommends dema] of the "{-2" LIght Industrial District and, in lieu thereof, approval of a SpecIal Peml t subJect to tel' \ 10) conditions as follows: ') USES: TIll' only uses authOrized by thIS Special PermIt other than those uses permitted hy nght in the "13-4' General Busmess DIstrict are office warehouse uses, with a office area up to .500 square teet and warehouse area up to \,500 square feet with a maximum l~a\e heIghT of 24 fel.?l. ARCHITECTUAL STANDARDS: Officewarehousc buildings constructed on the lot ~hal1 have a masonry fa((ade. OUTSIDE STORAGE: The outside storage allowed as an accessory use to the primary 1St' located on the same premise and IS IJlnited to no more than 30 percent of the premise. '\ I i outsldt storage must he setback a mll11mUm of 20 feet from any public right-of-way. 'Jo hazardllUs matena] w1l] be stored in thIS area. LOCATION OF OUTDOOR STORAGE: Permitted outdoor storage shall not be located in the front vard or forward of any structure towards 1-37. LIGHTING: All outside lighting will be directed away from surrounding properties HOURS OF OPERATION: Hours of operation will be limited to 7 a.m. to 7 p.m. SCREENING: A solid wooden screening fence with a height of not less than six feet must be used to screen the outside storage from view from surrounding public rights-of- way and properties. The outside storage shall not extend above the height of the .;erel.?l1Ing fence. except that this limitation does not include machinery equipment. A :ham-lmk lence \Vllh slats shall not be conSIdered to be a solid screening fence. LANDSCAPING: In addition to compliance with Article 27B, Landscape Regulations, the subject property shall mclude S-gallon oleanders every five feet on center between the outSide storage screemng knce and the public rights-of-way. All landscaping must be kept in a healthy and gro\Vmg condItion at all times. LANDSCAPE SCREENING: AddItional screening of the storage area is to include oak trees plant.:d every '10 feet 3. 4 ~. h. s. l) Plannmg" lli111T11S'''lr' \11'lutl> \1ay 'I, "1)(" Page : 10. TIME LIMIT: Th]~ SpeCial Permit shall be deemed to have expired within two (2) year~ from the date of this ordmance unless the property IS being used as outlined in condItion # and In compliance with all other conditions and City rules and regulations. In clnswer to ('omm: sSlOner Pusk) 's question. Mr McGmn stated that the applicant is agreeable tu rccornmendatllm and con,i1tions as set forth In clnS\\el to I 'Omn1l:;Sioner Skrobaluyk' s question. Mr Gunnmg stated that outside vehicle qorage is allowed but not mduded In this request \-Vlth the 1-37 corndor a consideration, Staff is "ensJtiv\: to the type of storage placed m thIS area. Puhlic heanng was opened. Phyllis McBnde. 3~. 1 8 Castle RIdge Drive, Corpus Christ!, Texas stated she was in favor of the SpeCIal PermIt and believes the applicant will be a good neighbor. Upon exiting 1-37 onto McKinzie Drive, the property may be viewed but the storage will not be seen above the fence line. Public heanng was closed. Motion for demal of the "1-2" LIght Industnal District and, in heu thereof, approval of the Special Permit subject to ten (10) conditIOns was made by CommIssioner Braselton and seconded by 10mmlSSlOner Zamora Motion passed unanimously H:\PIl\ I '1R >IJAR!'I lC,J"W' )Rf) \GrNl1MJ 1\.1\21I1h \1av\0506-0" Minutes hccrpt.doc AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY THE DHS ENTERPRISES, BY CHANGING THE ZONING MAP IN REFERENCE TO RIVER SQUARE UNIT 1, LOT 2, BLOCK 3 (CURRENTLY ZONED "B-4" GENERAL BUSINESS DISTRICT) BY GRANTING A SPECIAL PERMIT, SUBJECT TO A SITE PLAN AND TEN (10) CONDITIONS; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING A PENALTY; 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 DHS Enterprises, 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, May 31,2006, during a meeting of the Planning Commission, and on Tuesday, June 27, 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, subject to a site plan and ten (10) conditions (currently zoned "B-4" General Business District), located along the northeast intersection of Interstate 37 Access Road and Turtle Creek Boulevard. (Map 060050) SECTION 2. That the Special Permit granted in Section 1 of this Ordinance is subject to the following ten (10) conditions 1. USES: The only uses authorized by this Special Permit other than those uses permitted by right in the "B-4" General Business District are office warehouse uses. with a office area up to 1,500 square feet and warehouse area up to 3,500 square feet with a maximum eave height of 24 feet. 2. ARCHITECTUAL STANDARDS: Office/warehouse buildings constructed on the lot shall have a masonry fa<;ade. Page 2 of 4 3 OUTSIDE STORAGE: The outside storage allowed as an accessory use to the primary use located on the same premise and is limited to no more than 30 percent of the premise. All outside storage must be set back a minimum of 20 feet from any public right-of-way. No hazardous material will be stored in this area. 4 LOCATION OF OUTDOOR STORAGE: Permitted outdoor storage shall not be located in the front yard or forward of any structure towards 1-37. 5 LIGHTING All outside lighting will be directed away from surrounding properties 6. HOURS OF OPERATION: Hours of operation will be limited to 7 a.m. to 7 p.m. SCREENING. A. solid wooden screening fence with a height of not less than six feet must be used to screen the outside storage from view from surrounding public rights-of-way and properties. The outside storage shall not extend above the height of the screening fence, except that this limitation does not include machinery equipment. A cham-link fence with slats shall not be considered to be a solid screening fence 8. LANDSCAPING In addition to compliance with Article 278, Landscape Regulations, the subject property shall include 5-gallon oleanders every five feet on center between the outside storage screening fence and the public rights-of- way. All landscaping must be kept in a healthy and growing condition at all times 9. LANDSCAPE SCREENING. Additional screening of the storage area is to include oak trees planted every 50 feet. 10. TIME LIMIT: ThiS Special Permit shall be deemed to have expired within two (2) years from the date of this ordinance unless the property is being used as outlined in condition #1 and In compliance with all other conditions and City rules and regulations. 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. H\LEG-DIR\SharedIGarySlagendJ2006106-2"7\0506C AL T SPgws060613 doc Page 3 of 4 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. A Violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable under Section 1-6 of the City Code of Ordinances. SECTION 8. 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 9. That upon written request of the Mayor or five Council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and 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 2yth day of June. 2006. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Henry Garrett. Mayor. City of Corpus Christi APPROVED: June 13. 2006 G~~1-~'------ Assistant City Attorne~ For City Attorney H:\LEG-DIR\Shared\GarvS\aqenCa\2006\06-n\0506-07 AL T SPgws060613 doc Page 4 of 4 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. Respectfu lIy, Respectfully, Henry Garrett Mayor, City of Corpus Christi Council Members The above ordinance was passed by the following vote: Henry Garrett Brent Chesney John Marez Jerry Garcia William Kelly Rex A Kinnison Melody Cooper Jesse Noyola Mark Scott H:ILEG-DIR'SharedIGarySlagendClI2006\06-27\0506-07 AL T SPgws060613.doc 27 -_.~-._~--- -'-----'------- AGENDA '\1EMORANDUM PUBLIC HEARING -- ZONING I( 11\ ('nuncIl Actllm Date. 6/27/(6) Case No. 0506-05, Mariano Fernandez: A change of zoning from an "R-I B" One-family Dwelling District to a "'B-1" Nelghhorhood Busines<; DJstnct at Koolslde Add]tlOn south 20 foot of Lot 24 & north 30 foot of J ot ''i Block . l(h:ated -:00 feet north (It \kArJIc Road and east side of Dorothy Drive. Planni01!. Commission and Staff's Recommendation (5/31106): Dctlial of the "B-1" Neighborhood Business Distnct Requested Council Action: Demdl of lht "'13-'" \:elghborhood Busmess District. Purpose of Request: To provIde ekven : \ addItIonal parkmg spaces for the adjoining Taqueria Acapulco Restaurant. Summary ; · Request: rhe applIcant ]s requestmg a change of zoning from "R-I B" One-family Dwelling District to "B-1" Nelghborhood Business Distnct for the purpose of providing eleven (11) additional parking spaces for the adJoming Taquena Acapulco Restaurant. · Existing Land Use: The curren: land lIse of the property IS residential. and it is located 500 feet north of McArdle Road, on the east side of Dorothy Dnve. Dorothy Drive is designated as a local street is not designed for commercial capacllv · The lot consists of 6,; 50 square feel which contains a single-family residence. After removing the reSIdence, t he a ppltcant proposes to landscape 1 he first 30 feet along Dorothy D rive. A standard screenmg fence is proposed to separate the landscape area from the parking area. This fence will also be pl:lced along the side setbacks Th\:' existing restaurant parking area will extend into the rear of the lot · The mtruslOn of a commerCIal use into the neighborhood would place an incompatible use between two reSIdences A change ofzonmg \\ould also set a future precedent for incompatible zoning changes along Dorothy Dnve. mconslstent with the future land use plan. · The reqUIred parkIng for a restaurant 1S one space per one hundred square feet of floor area. The Taquena Acapulco Restaurant currently has 3,032 sq. ft. and a parking lot containing 30 spaces. Based on the Zoning Ordinance. the restaurant meets the parking requirements. APplicant's Position: fhe appllcant IS 111 a!:,rreement with recommendation. '''genda Memorandum Case No il51i(1-0S i M~lrlal1() F cm.ndc/! Page .: N"ification: Of the mneteen (] 9) notIces mailed to the surrounding property owners, two (2) were returned 111 favor and two (2 \ were returned III oppositIOn The 20(X, rule is not invoked. This case is considered controversial. ~~~~ Michael N Gunning, AICP Actmg DIrector of Development Services MG/f(,Mblp Attachments: ] ) Zoning Report 2) Planning CommlssJnn Minutes ('i 1 ;:()6) :;) Ordinance II:\PLN-IJIR SHARU),G.\ li.\\ ORI ' ACiENDM I'M :(11 '(1 May\(JSO(I-II' AGENDAMEMOdoc CITY COUNCIL ZONING REPORT Case No. 0506-05 Planning Commission Hearing Date \lay 31.2006 ~ = Applicant: Mariano Femande7 _ .= Owner: Same as Applicant = -- ~ ~.8- Agent: Jack A. Colmenero ... ~ I.. ... -a. ~ ~ Property Area: Koolslde Addition south 20 foot of Lot 24 & north 30 loot of Lot 25 ~ Q Block I. located 500 feet north of McArdle Road and east side of Dorothy Drive. i From: "R-I B" One-family Dwelling District - ell ~ = l:7' ~ ~ I:liI = 'c o N To: "B-1" Neighborhood Business District Area h,75i) square feet Purpose of Request: To provide additional II parking spaces for adjoining restaurant ell ~ rIl ;:J "l:l = ~ ~ "l:l = ~ ~ = 'c o N ~ = .- - rIl ... l< ~ ___ _~~~inL_ Site "R-l B" One-family Dwellin District North "R-l B" One-family _[)~_elling D_I~~!ict South i "R-! B" One-famil: ____ __I Dwelling DistrIct__ Easl ! "B-1" Neighborhood +-f:!~~mess Distric!_ West I "R-IB"One-family 1 D~eU~l1g12is!rict Land Use Future Land Use residential Traditional neighborhood residential Traditional neighborhood .._-"~-- residential Traditional neighborhood d commercial Neighborhood commercial - , residential Traditional neighborhood ----..- ~,--- ~,------ ~~__~xisting I Low density ---1....-.- -- . Low density I Ln~dc~';;;y , . ---+-------- i Nelghborhoo ----1- - un_ ------ : Low density ~ rr, Q. = Area Development Plan: Southeast- The future land use map does not support ~ 0 ~ ~ commercial expansion into the residential area. ~ Map: 042036 ~] ~:> Zoning Violations: None < !OU1l1g kePI II t ('ase No oq){j-O<; ('v1afla[1(\ Femanden Page :: . Request: The applicant is requesting a change of zoning from "R-1 B" One- ramil y Dwelling DistrICt to "B-1" Neighborhood Business District for the purpose of p rnviding 1 1 adclItinnal parking s paces for t he adjoining T aqueria Acapulco Restaurallt. . Existing Land lse: The current land use of the property is residential, and it is located 500 feet north of McArdle Road, on the east side of Dorothy Drive. Dorothy Drive is deSIgnated as a local street is not designed for commercial capacity C' . ~ E E :: rJ: " b ~ .... if: . The lot l onsists 0 f 6.750 s quare feet which contains a s ingle-family residence. A fter removing the residence, the applicant proposes to landscape the first 30 feet along Dorothy Drive A standard screening fence is proposed to separate the landscape a rea from the parking area. This fence will also be placed a long the stde setbacks The ex 1 stmg restaurant parking area will extend into the rear of the 10 ! The intmsion of a commercial use into the neighborhood would place an incompatible use between two residences. A change of zoning would also set a future precedent for incompatible zoning changes along Dorothy Drive, inconsistent \vith the future land use plan. . The reqUIred parking for a restaurant is one space per one hundred square feet of floor area. The Taquena Acapulco Restaurant currently has 3,032 sq. ft. and a parking lot containing 30 spaces. Based on the Zoning Ordinance, the restaurant meets the parking reqUIrements Street ~T" Type .+------- . Local --i-~---. Paved Section Volume 2001 to Not available ~ o ~ ~----,- ! Dorothy Dri ve McArdle Road Arterial . 50' R.O.W. w/ 28' Bk t Bk pavement I 95' R.O.W. w/ 64' Bk to Bk avement : 95' R.O.W. w/ 64' Bk to .l~!<. pa~ment 18,430 a.d.t. .... ~ ~ to.. .... rJ: Airline Road Arterial 29,430 a.d.t. '" ... :: a: B The subject property 1:-; not platted. rJ;. Zonlllg R.t'j)orl Case]\, !!"i06!)"i (Manano I ,'mandt'/, Page :: .... C '" ~ .... E ~ t: E co:s E c..c QI... . file requested "B.] " [)lstnct IS not compatible to the adjacent residential uses along Doruth) Drive Sdch dlstnct could provide for commercial activity that is intrusive to the nCIg:hbwhood .... co:s "0 ~ ~ ~ E E c ~ ~ 0::: ::: c Demal at the "B.l" Neighborh'H)d Busll1ess DIstnct. c: .: tNlg~ II .; "0 .... l'Il c: -= .... ~ . E e .lEe ~ Q 0 U <;,/ ~ 0::: Demal of the "B-l" Neighborhood Busll1ess DIstrict. fIl ...."0 C ~ ~ > E oq; E ~ Q ~ uO::: Number of Notb:es Maded: ]ll Fa VOl 2 OpposItion 2 (As of June It), 2(06) Attachments ZonIng Map H:\PLN.[)(]I SHARFlrc, \' II \I'OR !)\.70NRPT'-,\200r-'\lavCC Rennns'O';C!6-05C 'eRFPORT ,'()C f"-~ f / "- 6 .( ~ --'---w' -7- i> -J 4 ! "<' l'y, ! r I /1 , 17 161 --' 18 15--~ I i 19A ---~ 14 SUBJECT PARCEL I ~_.2L 12 t-- --- 1~---l 22 I ~- ---- 23A 10 9 3 8 7 17 '" ~ ~- I 'j / 2! , ~4 3~;L 87~~B-T--- D~. J 39 N /38 1--. , ! ~- J ;---40 __--/./ ~ 4 ,,7~ '--.__ . f / 1 1. ~-OCO / l 'l?D I / -", '/21.1. /31 ~~ 8.,.. 32 7--______' / '-"'I--.. , -- 1 --I. CROSSROADS B-1 10 1R B-1/SP/87 -06 9 5 VILLAGE CULLEN PLA E / ; -', 8 SUNRII'MALL '-- 7 6 ',-- "" I 1 5 6 4 / 05/16/06 SRR Case Z0506-05 Notice Map RE Residential Estate Dlstncl. R.2 Muiuple Dwelling District B. '1 Neighborhood Business District 8.1 A Neighborhood Business District 1-2 Light Indust,lal Olat,lct f-R ; arm Rural Districl R-To-i TOV'lntlouse Dwelling District RA One Family OweUing Dis.trlct T -1A Tra"el Trailer Park Distri<:t B.2A Barrier Island Business District 1~3 Heavy Industrial District SP Spec 10' Permit PUD Planned Unit Development R~1A One Familr Dwetting District T -1 B Manufactured Home Park District B.2 Bayfront Business District R-1B OnE! Family DweHing Oistrict R-1C One Family Dwetling District T -1 C Manuf.c1ured Home SubdivIsion District A,1 Apartment House Districf A.1 A Apartment House District 80 Corpus Christi Beach Design Oisrict He Historic.t.cuttural Landmark Preservation B.:, Business District AS Prdessional Office District 8-6 Primary Busln.ss Core District 1.'\ limited Industrial District N A B~ General Business District A-~ Apartment House Distric; 8-5 Primary Busines5 District City of Co'pusChrlati, Texas AT Apartment-Tourist District o 50 100 ~....- 200 . Feet Department of Oev.topment Services MINl1TES REGl1LAR PLANNING COMMISSION MEETING Council Chambers- City Hall \\'ednesday - May 31. 2006 ,l li)(I(,-O" Manano Fernandez Frnm an "R-l B" One-famtly Dwelling District to a "B-1" Nell,!,hbQrhood .E3!J~l!1~~ Q1SII&~ Koolside AdditIOn south 20 foot of Lot 24 & north 30 foot of Lot 25, Block 1, localed 50n feel north of McArdle Road and east side of Dorothy Drive. Sylvia Anspe presented the above case with a Power Point presentation showing the subject property located north of McArdle Road and east of Dorothy Drive. The surrounding area consisting of single-famtly reSIdential pmperties abutting commercial property which is located along Airline Road. The apphcant IS requestmg a "B-1" NeIghborhood Business DIstrict for the purpose of developing eleven Ill) additional parkmg spaces for the applicant's adjoimng Taqueria Acapulco Restaurant. The subject property for the parkmg lot has access from AIrhne Road and has trontage along Dorothy DrIVe The future land use for thIS area calls for residential development. The applicant has offered a screenmg landscape fence where the current thirty (30) foot setback is required as well as other suggestions to mitigate the encroachment of commercial uses into a residential area. To date, the applicant can adequately address parking based on current parking ratios as established in the zoning ordinance The applIcant is request1l1g the additional parking due to the overflow of business. Staff is recommending demal of th,: "B-1" Neighborhood Busmess DIstnct as the subject property is located between lWO (2) reSidential neighborhoods and is nol compatible with the area. Granting a zoning change for parking wIll allow a parking lot development between two (2) single family residences. !\l1chael Gunnmg Slated that thIS \\ ould impact an already struggling neighborhood and would Impedl" Its abilIty to keep the neIghborhood 'n its current state. In answer tn COmnllSSlOner !\.lal11l1ez' s questIon, Mr. Gunning stated that Lot 27 has a Special Perm]) that was Issut.d m 1987. ThIS was an expansIOn for the use of Crossroad Village- Catfish Charlie's to enable access to the dumpsters 1\1r. Martmez stated that some of the homes along Dorothy Drive would henefit from a screening fence Pubhc hearIng \Va~ opened Mary Lou \\'ilhamson, 1138 Dorothy, Corpus Christi. Texas stated that the subject property as shown m the Power Pomt ~lide IS Lot 24 and is her residence. Demolishing the property would be detrimental to the neighborhood. Further. the O~l1er \Vas aware that the property is fairly small in size at the time of purchase Ms. Williamson stated her opposition to the request. Jack Colomenero, 'epresentatJve, 1235 Nile, Corpus Christi, Texas stated that the applicant is not demohshmg Ms Wtlliamson's residence and O~l1S the subject property not correctly pictured. Mr. CoJomenero showed pictures of the subject property and stated that safety is the major concern as many customers are crossmg Airhne Road, a husy arterial, by foot to gain access to his property. f)lannm~ Ulllfllls"un Minute' May' 1. '!jO< Page " Ihe applicant IS request1l1g J Special Pen11lt to build a screenll1g fence thirty (30) feet from the front landscape which IS the \\ ldth of the fence I'he owner IS also willmg to put a time limit for operation of OUSll1es, to close at 9:00 p.m Most of the overflow of business occurs during the day. 'ommlssloner Huerta stated that It IS difficult to place a parking lot between two (2) residential homes [f there are ,} group of lots a\ ailahle for development In this area. this would be more agreeable. Public heanng \\ as 10seJ CommIssIoner Pusky stated that thiS IS a successful business but it is difficult to single out a smgle lot Motion \\as made bv CommIssioner Pusley and seconded by Commissioner Salazar to re-open the publ1c heanng. CommIssioner Puslcy stated that the one lot would not accommodate a large amount of vehicles and Commissioner Pusley stated his problem with supporting the request. C<Jmmlssioner Salazar stated that the alternatlve would be to receive the owners' agreement to possibh a !low the zoning or the surrounding 24-26A lots Public heanng was closed. Motion was made by Commissioner Braselton and seconded by Commissioner Pusley to deny the 'B-l" Neighborhood Business District. Motion passed unanimously. H:\PI,NIJlR SHAREI)\(iail:\V()RI' AGFNDMFM\2006May\0506-05 Mmutes Excerptdoc Page 1 of 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY MARIANO FERNANDEZ, BY CHANGING THE ZONING MAP IN REFERENCE TO KOOLSIDE ADDITION SOUTH 20 FEET OF LOT 24 AND NORTH 30 FEET OF LOT 25 BLOCK 1, FROM "R-1 B" ONE- FAMILY DWELLING DISTRICT TO "B-1" NEIGHBORHOOD BUSINESS DISTRICT; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING A PENALTY; 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 Mariano Fernandez, for amendment to the City of Corpus Chnsti Zoning Ordinance and Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, May 31,2006. during a meeting of the Planning Commission, and on Tuesday, June 27, 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 Christl 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 Koolside Addition, south 20 feet of lot 24 and north 30 feet of Lot 25, Block 1, located 500 feet north of McArdle Road and on the east side of Dorothy Drive, from "R-1 B" One-family Dwelling District to "B-1" Neighborhood Business District (Map 042036) 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-DIR\Shared\GarvS\agendi'i\2006\06-27\050605 MFernandez GWS060613 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. A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable under Section 1-6 of the City Code of Ordinances SECTION 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 finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and 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 2ih day of June. 2006. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Henry Garrett. Mayor. City of Corpus Christi APPROVED: June 13 2006 ~- Assistant City Attorney For City Attorney H :\LE G-DI R'SharedIGarySlagenda\2006106-nI050605 MFernandez GWS060613.doc Page 3 of 3 Corpus Christl, Texas _ day of ______, 2006 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christl, 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 John Marez Jerry Garcia William Kelly Rex A Kinnison Melody Cooper Jesse Noyola Mark Scott H:\LEG-DIR\Shared\GarvS\agenaa\2006\06-27\050605 MFernandez GWS060613.doc 28 \GENDA MEMORANDl'M PUBLIC HEARIN<; -- ZONIN(; ((p\ ('ouncd \ctlon Date 6/27/06) Case No. 0506-08. MG Buildinl! Materials: A change of zonIng from "R-l B" One-family Dwelling District, "T. i A' Travel Trailer Park DIstrIct (T-l A), ''1'-1 H" Manufactured Home Park District, and a "B-4" General BU~111l'S~ Dlstnclto an " -2" LIght Industnal Dlstnct m Joslin Tract, Block A, Lot 7 and 8, and 0,941 acres out of I ,'I \ SCl'tJOIl :'1-:, Flour Bluff 8: Ene lIlal Farm & Ciarden Tracts, located 2,120 feet from the northwest ;ntl: 'l 'llOI1 ui Emll.s ro~ III Rl);ld lI1d SI'(I) Planninl! Commission and Staff's Recommendation (5/31/06): Denial of the "1-2" Light Industrial District and. In lIeu thereof, appr'.wal of a SpeCIal Pem1it subject to a site plan and six (6) conditions. ReQuested Council Action: Delllal of thc "1-2" LIght Industnal DIstrict and, in lieu thereof, approval of a Spec131 Pem1it subject tc a sIte plan anci -;JX (6) condlt1Om _..-.__._._--_._-_._._--~----- -----~_._-,-~_. Purpose of ReQuest: C'hange the eXistIng 70ning to allow a home improvement center with outside storage. Summary: · The applIcant IS requestIng a change 01 zoning for a 12.39 +1- acre tract from "R-IB" One-family Dwelling DistrICt. ''1'-1 A (T-l)' Travel Trailer Park District, "T-IB" Manufactured Home Park Dlstnct and "13-4" General Busmess [llstrict to "1-2" LIght Industrial District for a home lInprovement center \\ Ith outSIde storage. A portIon of the property is developed as a manufactured hume park and a manne sales busmess that are proposed for removal with the redevelopment of this tl :.11.'1 · The home Improvement center IS proposed as a SIngle tenant building that is 50,000 square feet with 14 outside storage bUI tdings. The lenLer will employ approximately 60 people. The proposed hours 01 operatlOn for thv ce'1ter are h1ll1 xam-5pm · The requested "[-2" Light Industnal I)lstnct prOVIdes pnmarily for light manufacturing, fabricating, "arehousmg and wholesale distriblltmg m warehouse type buildings, · Development 01' thiS property wlth a home 1I11provement center could generate approximately l,489 vehicle tnp ends per day. The subject property has frontage on McArdle Road to the north, which is a collector at thlS locatltln. The property also has frontage on South Padre Island Drive to the south, a free\vay that lS deSIgned to accommodate large volumes of traffic · Properties lInmediatelv adjacent to the subject property are zoned "A-l" Apartment House District to the north. "R-l B" One-family Dwelling Distnct, "A.[ "Apartment House District, and "B-4" General Busmess DistrICt to the west. and "B-4" General Business DIstrict to the east. The current zoning across South Padre Island Drive IS "R-lB" One-family Dwelling District. · The i'llture land use f01 the subject property ]S deSIgnated as multi-family residential and commercial. The Southeast Area Development Plan policy statement B.2 requires for steps to be taken to prevent negative Impacts and promote sensitive design. In additIOn, noise Impacts from non-residential uses should be reduced by creatIng a buffer open space between the two areas, Such spaces may be landscaped areas, a street, a screenll1g knce, larger setbacks, etc. These methods can be used singularly but are usually most effectl\ e when applied in combinatlOll to provide the desired effect. \genda tvkml1randull1 ('ase No. o~OI,~08 ('vH; Budding rv'aterials) Page ::: AnDlicant's Position: The apphcant IS agreeable to a "B-4" General Business District based on six (6) ,.'onditiolls Notification: Of the ten (10) notices maIled to the surrounding property owners, four (4) were returned in favor and zero (0) were returned 1I1 opposition. The 20'% rule is not invoked. This case is considered controversial due to th{' opposition of the mobile home park rental residents. jt/(W~/V ~-4A~ MIchael N, Gunning, Alciv~,-' . ~ . 0' Ass] stant Director of Development Services MG/FGM bip Attachments: 1) Zoning Report 2) Planning CommISSIOn Minutes (5::1! 06) 3) Ordinance H:\PLN-l;[R \lIAkFD (,,\Ii' \\ DRl IACiLNDMi''cI.:Of'h May\050h-OX i\(iLNDAMFMO.doc CITY COUNCIL ZONING REPORT Case "10. 0506-0x Planning Commission Hearing Date May 31. 2006 ~ = ,... .= =-"", ~ ~.e- .... ~ l.. 'i.....J ~ c. ~ -( 0 Applicant \lG BuddIng Matenals, Ltd Owner: (Julfway R V Park, LLC and MJM Manne, LI' Agent: I he Clower Company- George Clower Legal DescriptionlLocation: Joslin Tract, Block A. Lot 7 and 8. and 0.941 acres out of Lot 3. SectIon 2X, Flour Bluff & Encmal Farm & Garden Tracts. located 2,120 feet from the northwest mtersectlon of F nnis Joslm Road and SPID "'" '" ~ = Q" ~ a: bIJ = '2 o N From: "R-I B" One-famtly Dwelling Distnct. "T-IA (T-l)" Travel Trailer Park District, "T -lB" Manufactured Home Park Dlstnct. and "B-4" General Busmess District To: "1-2" l1ght lndustrial District Area. 12,39 +/- acres Purpose of Request ('hange the eXlstmg zonmg to aJlo\\ a home improvement center with outside storage, '" ~ '" ;:;J "CI = ~ ....J "CI = ~ bL. = '2 o N bL. = :c '" .... ~ ~ ,. xisting Land Use Future Land Use Ie Home /Vacant Multi-family Residential and Commercial -. urn Density Multi-family Residential ential veloped land Commercial ---_._----- veloped land Multi-family Residential and Commercial -----_._-~-_._~-- erclaJ/V acant!Public Multi-family Residential -Public and Commercial -------- --. -- Zoning ,E --- ----------!----- ,)itc "R-! B" One-family Dwelling . Mobi [!]stncl ''1-1 A cr -I,' havel I TraIler Park District. "I -IB" Manufactured Home Park Distnct and "B-4" General ____~usmess District__ ---t-- North i "A- i" ApartmeJ1l House I Medi +!?istnct _~___ n. I Resid South 'R.I B' One-famih ! l in de j Dwelling DistricI ---r--~~-' .-...-- ~_.----l..._._._._ Eust "B-4" General Bllsines~ ' lJnde Distnct . . . --- -----~. . --- - - .----j------ Wnr "R--!B"One-family D\\elling ! Comm Distnct "A-I "Apartment . SemI House Distnct. "8-4' General Business DISb'ICt c. '" all = ~~ .~ ~....,~ Q ] -< > Area Development Plan: Southeast The future land use map is inconsistent with the requested "1-2" Light Industrial DIstrict due to the outsIde storage component. Map No. 0390<4 Zoning Violations: Nom /omng l\epull Case Nc. O<'06-0S (\1( ; Butldul! Malenals, I teL; Page 2 . The applicant is requesting a change of zoning for a 12.39 +/- acre tract from "R-IB" One- famIlv Dwell mg Dlstnct, "1-1 A (T-l )" Travel TraIler Park District, "T-lB" Manufactured Home Pal k ["stnel and "H-,:f' (jeneral Busmess District to "1-2" Light Industrial District for ~l home Impn;vement l enter WIth outside storage. A portIOn of the property is developed as a rnanutacturec home pmk and ;1 marIne sa1c~ bus1lless thaI are proposed for removal with the redevelopment of thIs ITaCI . the home Improvement center IS proposed as a smgle tenant building that is 50,000 square feet WIth 14 llutslde s1\)rage buildings, The center will employ approximately 60 people, fhe propused hours of operatIOn for the center are from Sam-Spm. . fhe requested "1-2" Light Industnal Dlstnct provides pnmarily for light manufacturing, fabrIcating, warehousmg and wholesale dIstributing In warehouse type buildings, c ~ e e = rJ1 . Development of th1s property with a home improvement center could generate approximately 1 A8(l vehicle trip ends per day. The subject property has frontage on McArdle Road to the north, whIch IS a collector at this locatIOn The property also has frontage on South Padre Island Dnve 10 the south, a freeway that IS designed to accommodate large volumes of traffic. '" &: ~ - rJ1 . Properties immediately adjacent to the subject property are zoned "A-I" Apartment House [)Istmt to the north, "R-l B" One-family Dwellmg DistrlCt, "A-1 "Apartment House District, and "B-4" Gl'neral Business Ihstrict to the west, and "B-4" General Business District to the east. The CUiTent zonmg across South Padre Island Drive is "R-IB" One-family Dwelling DIstrICt. . rhe future land use for the subject property IS deSIgnated as multi-family residential and commerCIal The Southeast Area Development Plan policy statement B.2 requires for steps to be taken t() prevent negative impacts and promote sensitive design. In addition, noise lmpacts trom non-reSIdential uses should be reduced by creating a buffer open space between the two area:, Such spaces may be landscaped areas, a street, a screening fence, larger setbacks. ell" These methods can be used smgularly but are usually most effective when applIed In combination to provide the deSIred effect. ~~ QJ .cO rJ1cx:: Street Type Paved Section Volume (200t) 400 feet 73,340 a.d.t. .-..-.---.---- 50 feet 2,490 a.d.t. South Padre Island Drive McArdle Road 1"-~-'" _-tX!:.~eway _ . Arterial v. 1;..2 fhe 0 94l acres (Jut of Lot 3. Sectton 2S, Flour Bluff & Encmal Farm & Garden Tracts portion of ii:.s the subject property needs to be platted. rz lOlling Report Case '\,0 I)"O{)O~ (\'1iJ Buildmg f\btellal> [11 I Page '" .... C ~ e e ,0 V ..- C ~ e ..- l- C'il C. ~ o - .... - .~ l::: "'C C C'il ~ .... E 1Jl e ,.. - '"' ~ C' St,lll re~'(lml11erds demal of he '1-2" Distnct due to the outside storage of building materials in upcn warchoUSl umb HL)\\':\l'l If the Planmng CommissIon considers a Special Permit for the suhject tract th,> followl11f! condItIons are offered: -l liSES Ihc only Lhe,; <Iuthonzcd by thIs Special PermIt other than those uses permitted hy 11gh: 111 the "B-4' (jeneral BuslI1ess Dlstnct are warehouses and outside storage. OUTSIDE STORAGE The outsIde storage IS an accessory use to a main use located on the ~ame prenllSe and IS limIted to no more than 14 shed type buildings on the pro pert . not !nc iudmg the mam facIlity SCREENING: Provide landscapmg and screening along McArdle Road. Screening ,,!ral1 bL ofhnck and \^ood construction \vlth a height not less than six (6) feet and must he L:sed to scrccr thl "ut"lde storage from VIew from surrounding public rights-of-way dnd propertl\>>. LANDSCAPING: [n addition to compliance with Article 27B, Landscape Regulations, theiublect propC'fty shal! provide landscaping along the eastern property line, abutting ! ract I ,Block .\. J<)sl!rl Tract The landscaping along Tract 6D, Block A, Joslin Tract :-.nall consIst of diameter trees and placed 30 feet on center. ACCESS: All vehicular access Irom the subject property to McArdle Road is prohibited. TIME LIMIT rillS SpecIal PermIt shall bed eemed to have expired within two (2) 'ear s flom the date () t this 0 rdmance unless the property i s being u sed a s outlined in ,.mdltJon #] dnd 111 lompliancc \\lth all other conditions and City rules and regulations. ~ f) Del1lal ot the "l.2" LIght Industnal Distnct and. m heu thereof. approval of a Special Permit subject III Sl\ (61 conditIOns c .S c '" ,.. '" ...... ::: c C'il ~"'O e c o ~ U e bile .S 0 C ("j = ~ cr=C' ~ DCl1lal 0 rthe "[-2" Light Industrial District and, in lieu thereof, approval of a Special Permit subject tu Sl \ (()) conditwns \\ltl1 modifications tu conditions 3 and 4 as shown below: 3. SCREENING: ProvIde landscaping and screening along McArdle Road, Screening along Mc Ardle Road :;hall be of bnck and wood construction with a height not less than six (6) feet and must be used to screen the outsIde storage from \'le\v from surrounding public rights-of-way and properties. Screening along the \vestem and eastern property lines shall be of wood construction WIth a heIght not less than SIX (6) feet. 4. LANDSCAPING: In additIOn to compliance with Article 27B, Landscape Regulations, the subject property shall provide landscapmg along the western and eastern property lines, abutting Tract] 1. Block A, Joslin Tract. The landscaping along Tract 6D, Block A, Joslin Tract shall consist of 5-gallon oleanders every five (5) feet on center. '" ...."'C C ~ ~ ;0- S 'Q:; S CJ o ~ U~ Number \)f Notk'es Mailed: ] 0 Favor: 4 OppOSItIOn. :I I As ut June I b. 2(06) I H:\PLN D1RSHA RE[)'c; \:1 "WOR IJ\ZONRPTS\2006\Mav\050fl-ORREPORT dOl " .~ ~/ ~ l Ii i /:: & G ~> ~. SEC. 28 15MAY06/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 tl? /:) :<1 CrS i '1.4 ' I ?YJ .4 ;..,/IY-1 C r V '.2 -1/.; '. $';.- Case No. Z0506-08 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 HC Historical-Cultural Landmark Preservation SEC. 29 ~B-4 B-4 \..- o \fl \ .... t.. ~ o ~ NORTH o 150 300 I Feet . I . ' ,.....' r- .._- -.... . ~-\ ~1~+~:tFt:fI J ", ~ . \ (n-:-~~1 ~~~- -i~ ~~~~:;:. i'~"~"'~'--r.",-.~.-l--r~ ~ j._~"_.' ..u----r f'1,c~~~J I-\~~=J~j-L'~~~l --or' -r--j' r T\--~-T-""'- ~.... "i'-1"'-r"':"'~+-~"-l-\1 ~,~'7'~ J?J..~ _ L_! -,.-----C___+-+_+_..l ...l I... !-i--+ .! -- -1. , :---4 j' I ~, . I ; I I I J f i . . : : I . ." I I j J ,. : I I ~- - - + r--- - t--- · . -+ i-;---r---- .-- I- I . -.; I I --'--7 -j-r-r-i ,i i. i ' ~ I. -. l ~ t" ~~'1 .-. -~---'.r. ~--_.-;--.....~--' '.------'" __'" ---;-'''!"''"'"' ~- '*'..~.~---t.._~ ...- -"_....~:: '__.. .' ...1' I; , ...r, ..~ "-.-.' ,";). '--" G 0- ~ 8 (~) 8 ~ ~ G /"". ~) r--- <~~, G} r-', \.!,.! ~) :r, I~)", ~)~ .'';\.~ I..~ ~bJ \' W ~\ \3 )o~ -- MCARDLE ROAD ~ N \ , ~~G- {~)8~(~ ,(.)c:.)C~)(~.)(~.B~{j) (~ ...0 ~ ,'" ES'. .~. ;' -e-' "----T":-:~-"k .~: '~..i ..0~ .. - - .. . -- - --.8 ; .-.- ~- -8..i . .0-- 0-; --R- I l" \ ,. \ \ ".. -_.~-.._. - .--.......-......' - . \_.\ '.. .-.. --.. ,... Iii I i. ~ --.-'--.--'--.... -- I Ii' · Covered and Closed end Storage s. ... .1 ~~,--... '," <.'-!.. ".,.....-~. ' .,...1.----:.-.--.-- : ! 1 ~.:.......~__..2 .~.~~rQ.~-. -- .7 -S PIC (iXS e if OSCXo " og MINlTES REGULAR PLANNING COMMISSION MEETING Council Chambers- City Hall Wednesday - May 31, 2006 j 050(l-m MCi Building Materials: From a "R-IB" One-family Dwelling District, "T-IA" Travel 1 raller Park District (T -r )"T-l B" Manufactured Home Park District, and a "B-4" General Business District to an "1-2" Light Industrial District Joslm TraCI. Block A, Lots 7 and 8 and 0.941 of an acre out of Lot 3, Section 28, Flour Bluff& Encinal Farm and Garden Tracts. located 2120 feet from the northwest intersection of Ennis Joslin Road and SPill. Shannon Murphy presented the above case WIth a Power Point presentation stating the request was for an "1-2" Light Industrial District for the development of a home improvement center with outside storage The subject property consisting of a mobile home park and a marine sales business is approx Imately 12.39 acres located on SPID between Rodd Field and Ennis Joslin Road with surrounding land use conslstmg of a mix of residential and commercial use. The proposed home improvement center 1550,000 square feet m size with fourteen (14) outside storage buildings. The facility will employ approxImately sixty (60) people. The future land use map calls for multi-family in the rear portion and commercIal toward SPID. Staff recommends denial of the "1-2" Light Industrial District and, in lieu thereof approval of a Speclal PermIt with SIX (6) conditions as follows: I. USES: The only uses authonzed by this SpecIal Permit other than those uses permitted by right In the "B-4" General Business DistrIct are warehouses and outside storage. 2. OUTSIDE STORAGE: The outside storage is an accessory use to a main use located on the same premise and is limited to no more than 14 shed type buildings on the property, not including the mam facIlity. ) SCREENING: Pruvide landscaplllg and screelllng along McArdle Road. Screening shall be of hnck and wood constructJon WIth a height not less than six (6) feet and must be used to screen the oulside storage from view from surrounding publIc rights-of-way and properties. 4. LANDSCAPING: In addItIon to compliance with Article 27B, Landscape Regulations, the subject property shall provide landscaping along the eastern property line, abutting Tract 11, Block A. Joslin Tract. This landscaping shall consist of 6 foot high, 3 inch diameter trees, and placed 30 feet on center. 5 ACCESS: All vehicular access trom the subject property to McArdle Road is prohibited. 6 TIME LIMIT This Special Permit shall be deemed to have expired within two (2) years from the date of this ordinance unless the property IS being used as outlined in condition #1 and in compliance WIth al lather conditIons and City rules and regulations. A petition of one hundred seventy-seven signatures has been received opposing the zoning. Within the 200 square foot radius, there were three (3) notices received in favor. Mrs. Murphy stated that the applicant IS agreeable to the recommendation and conditions as set forth. Public heanng was opened. Plannlll~ (. .)nmll"j'H1 \jlrlUJC'S Mav 3 2' ilk, Pa?c = Reyes <- ortez, speaking on behalf of daughter, Corpus Chnstl. Texas stated that his daughter owns a three (3) bedroom lrailer at the GlI]fway Mobile Home Park and works at A & M University. This rezoning would cause an great mconvelllcnce and hardship to her. My daughter works at night and is again:', the rt','onmg lhe rader 15 lIed d.)\\n and permanent and my daughter is opposed to any changes in thi;; area I IUd) Ste\\art 74i6 SPlD. ] ot 7" I. representing the GlIlfway Mobile Home Park and Shores Apartments). Corpus Chn~tl, Texas stated that McArdle A venue is very narrow and uneven with no side\\,db Along the area are t\\O (2) apartment complexes and two (2) townhomes and additional other mu]h-tamlly development The reSIdents are opposed to thIS request that would include noise, traffic from lumber trucks_ delivery of supplies and outside lIghting at night. rhe Gulfway Mobile Home Park has been affordable for ]0\\ income and disabled families for a number of years. For years, information was given that the mobile home park was gomg to be expanded and improved. Because of this, the tenant;; \\ere forced to repamt and make repairs to their homes by March 151 of this year which put a finanCial Impact on them ThiS change 111 lonmg would cause the tenants to have no where to go and also an mabdlty to afford the move. The park IS under a grandfather clause umbrella and is not required to mamtalll City code The mobile home owners pay taxes and believe this situation should be handled a little differently With more concern to the reSidents. There has been no one who has come forward to offer to pay relocatJon expenses. In short. this is mam]y a residential area which is enjoyed and another busmess In thIS area IS opposed Mohammed Bayhezza, 5757 S, Staples #3905, Corpus Christ!, Texas representing ISST owning a church located at 3741 McArdle to the south of the subject property. Mr. Bayhezza stated that concern is directed to envlfonment due to the development of the sawmill and industrialized lumber yard in this area. The Church has a large voiume of people that patronlze the church. Also, McArdle Road is very narrow WIth trucks coming rhrougn which pose a ~afety prohlem I )avld Antol11o Bacana. 7350 McArdle #21. (Shore Apartments), Corpus Christi, Texas questlOned access of the subject property Mr, Bacana stated from his residence, the view will be of the back tenee of MG Building Materials \\ hlch is not very positive. Also. as stated before, McArdle Road is very dangerous due to the 'larrowness and the current status of the road, Ms, Shannon fvlurphy stated that the proposed property will access on SPill and there will be no vehicular traffic coming ffl)ln McArdle Road I'im Clower, Clower Company. Corpus Chnstl, Texas stated that his company specializes in site locations and reviewed numerous sites for this request. MG Building Materials has been in their present locatIOn for approxl1nately forty (40) years and is havmg to relocate for the benefit of their business. All of the area along SPID wa~, looked at and the applicant preferred to be m the area chosen. The applicant has an mterest m the adJoinmg propertIes There IS always concern with change especially for the length of timl' that (iul f Way Mobile Park has been there, However, it IS gomg to be resold. This area is the only rl'maming area \\"Ith hrge acreage available. We knew there would be a concern on McArdle Road and thert will be no vehick traffic entered from McArdle Road. The building is approximately 50,000 square feet with entrance 1<) be on SPID. There will be a landscaped screening fence around the subject property The storage areas wll] hOLlse iumber and larger materials and will have an exterior shed matenal on the sides and end and \v111 not be seen from McArdle Road The lighting will be directional away from the residenttal <lrea. 11 IS a high Y1sible area and the hours of operation will be from 8:00 a.m. to 5:0(} pm. "Ianmng Ol'iiJllS';llln MlIlltC' viay' I , 'ill' Page In answer to Commlssioner Pusleys question. Mr Clower stated that the tenants will have ninety {90) days to move, Mosl of the people lIsted tl1 opposItion on the petition are renters. Mr. Clower stated that he dId not feel the 200;;) rule would be a problem. in dnswer to ('omml:;sioner Salazar's questIOn. Mr Clower stated that the back and side of the propert., v\ ill havl a hmdscaped screenlllg knee, l'ommlssloner Huerta stated that the building matenals may raIse a lot of dust. A wood screening tence on the SIde may be a good optIOn, 1\1r. clower ~tated that the applicant would be agreeable to installing a brick fence with wood in between to be located on McArdle Road with the remaining sides of the property to have the wood screening fence displaying oleanders on the west side and trees planted on the eastern side of the buildmg every thIrty t30) fed. Public heanng was dosed. MotIon for dental ot "1-2" LIght Industrial District and, in lieu thereof, approval of a Special Permit subject to six (6) conditions and landscaping to melude brick fence with wood in between to be located on McArdle Road \\ lth the remammg sides of the property to have the wood screening fence displaymg oleanders on the west SIde and trees planted on the eastern SIde of the building every thirty (30) teet was made by CommisslOner Salazar and seconded by Commissioner Martinez. Motion passed unanimously with CommiSSIOner Pusley votmg no in opposition to the request. H:\PI.N.! IlR c,II.ARU )'.GJI' WiJRll\GI'N llM1M 2')()') \lav'.oS06-0k Minutes bccrpt.dnc AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY MG BUILDING MATERIALS, LTD., BY CHANGING THE ZONING MAP IN REFERENCE TO JOSLIN TRACT, BLOCK A, LOT 7 AND 8, AND 0.941 ACRES OUT OF LOT 3, SECTION 28, FLOUR BLUFF & ENCINAL FARM & GARDEN TRACTS, BY GRANTING A SPECIAL PERMIT FOR OUTSIDE STORAGE, SUBJECT TO A SITE PLAN AND SIX CONDITIONS; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING A PENAL TV; 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 City of Corpus Christi, 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, May 31,2006, during a meeting of the Planning Commission, and on Tuesday, June 27, 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 Christl 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 outside storage on a 12.39 acre area, subject to a site plan and six (6) conditions (currently zoned "R-1 B" One-family Dwelling District, "T-1A (T-1)" Travel Trailer Park District, "T-18" Manufactured Home Park District, and "B-4" General Business District), located 2,120 feet from the northwest intersection of Ennis Joslin Road and South Padre Island Drive, (039034) (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 six (6) conditions: 1 USES: The only uses authorized by this Special Permit other than those uses permitted by right in the '8-4" General Business District are warehouses and outside storage 2, OUTSIDE STORAGE: The outside storage is an accessory use to a main use located on the same premise and is limited to no more than 14 shed type buildings on the property, not including the main facility, Page 2 of 4 3. SCREENING: Provide landscaping and screening along McArdle Road. Screening along McArdle Road shall be ot brick and wood construction with a height not less than six (6) feet and must be used to screen the outside storage from view from surrounding public rights-ot-way and properties. Screening along the western and eastern property lines shall be of wood construction with a height not less than six (6) feet. 4. LANDSCAPING: In addition to compliance with Article 27B. Landscape Regulations, the subject property shall provide landscaping along the western and eastern property lines, abutting Tract 11, Block A, Joslin Tract and Tract 60, Block A, Joslin Tract. The landscaping along Tract 11, Block A, Joslin Tract shall consist of 6 foot high. 3 inch diameter trees, and placed 30 feet on center. The landscaping along Tract 60, Block A, Joslin Tract shall consist of 5-gallon oleanders every five (5) feet on center. 5. ACCESS: All vehicular access from the subject property to McArdle Road is prohibited 6. TIME LIMIT: This Special Permit shall be deemed to have expired within two (2) years from the date of this ordinance unless the property is being used as outlined in condition #1 and in compliance with all other conditions and City rules and regulations 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. A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable under Section 1-6 of the City Code ot Ordinances. >-i:\LEG-DIR'SharedIGarvSlagendaI2006\06-'7\0506-08 MG Building SP gws060613.doc Page 3 of 4 SECTION 8. 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 9. That upon written request of the Mayor or five Council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and 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 2ih day of June, 2006. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Henry Garrett. Mayor, City of Corpus Christi APPROVED: June 13, 2006 Gary . Smith Assistant City Attorney For City Attorney H:\LEG-DIR\SharedIGarySlagendaI2006106-27\0506_08 MG Building SP gws060613.doc Page 4 of 4 Corpus Christl, 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. City of Corpus Christi Council Members The above ordinance was passed by the following vote: Henry Garrett Brent Chesney John Marez Jerry Garcia William Kelly Rex A Kinnison Melody Cooper Jesse Noyola Mark Scott H:\lEG-DIRIShared\GaryS\agenda\2006\06-2710506_08 MG Building SP gws060613.doc f.J 5 . e MU&RAY BASS, JR., P.E.. ttP.L.S. Nl1CON ~ W5UH, 1'.t..,Rl'.l..S. 30S4 S. ALAldEDA.. ZIP 78404 Fft. 361 882,'521 FAX 361 882-12" $.Qlai1: m\l~ravir@!o1.nml o.JIIail: ni"'n'w(ii\a\)lco~ BASS & WELSH ENGINEERING po. Box 6397 Corpus Christi. TX 78466-6397 loONING DESCRIPtION May 11,2006 060 35-M&.B 1 STATE OF TEXAS ~ COUNTY OF NUECES ~ Delcriptlon of a 0.941 acre tr.:t oflaDd, moR or less, a partionofLot 3. Scctwo 28, Flour Bluihnd Encinal Farm and Garden TrlC(S, a map wWch lSm:orded in Volume "A", Pages 41-43. Map Records, Nueoes County, Texas, said 0.941 aa:e trac:t of land as furthec described by meets and boonds as ~ BI'.GINN.ING at II. point for the easternmost C01llei of the tract herein descnbed in the southwest rigbt-of-wlI}' line of McArdle Road. said southwest right-of-way line being 20,00' southwest of and pardlel tQ the ceo1cr line of McArdle Road and bears N29000'OO"E 17.50' from the northernmost comer of Lot 1, Block 2. Joslin Tracts. a map which is recorded in Volurnt: 65. Page 73, said map teooI"ds; Thence S2 9000' OO''W 248-44' ,in part along the northwest boundary line of said Lot I, Block 2, Joslin Tracts. to 8 poiIltfor the southernmost COIlleT of the tract herein described and eastt.rly corner of Lot 8, Block " A" , Joslin Tract., a map which is recorded in Volume 39, Page 65 said map records; thence N6l "OO'OO"W 16500' alonganortheastttly boundary line of said Lot 8, Block "A", Joslin tract, to apoiDt fortbt: westernmost oome:r of the tract herein described; Thenc.e N29000 'OO"E 248.44' along II northeasterly banndary line of said Lot 8, Block" A" . Joslin Tract to a point in said southwe3t right-of-way line afMcArdle Road. fer the northernmost corner of the tract herein described~ Thence along S81d southweSt right.of-way line of Mc.A.rdle Road. 861000' OO"E 165.00' to the POINT OF BEGINNING (M~ taC NixonM. Welsh,RP.L.S NMW:mad Sheet 1 of 1 '1 ~c ~~. 05;00-0"8' Tract I' Tract 2: Tract :;: T--;-~'l . ; P 6 . - LEGAL DESCRIPTION A tract of land containing approximately 4.357+/- acres known as Lot 7, Block A, Joslin Tract, a subdivision of the City of Corpus Christi, Nueces County, Texas as recorded in Volume 32, Page 87, Map Records, Nueces County, Texas; Tax ID# 3830-0001-0070 A tract of land containing approximately 7.76+/- acres known as Lot 8, Block A, Joslin Tract, a subdivision of the City of Corpus Christi, Nueces County, Texas as recorded in Volume 39, Page 65, Map Records, Nueces County, Teus; Tax 10# 3830-000]--0080 A tract orland containing approximately 0.87+1- acres known as Flour Bluff & Encinal Fann & Garden Tract, recorded in Volume "A", Pages 41 - 43, Map Records, Nueces County, Texas. Tax ID# 2476-0028-0032 . ... ,,~~- u"F f !~ -19-1" n C I n ~\ I. t SrEC ,,;::,,~I" " Tr,L '11 G r RE PL A. ' ~ I . \;, I l.. 0 T .:11 I ;I"': I 4. 13 ;' I: ;; . I .?8 I~! , ~-""~-L~~~ ';1 -rYe I I J; LO ,,"" ! JO SUN BlX. A. I)' j,,'?P' t ' CI~I.J!IU; " >1 ~ ~ Z(l' l~ U=Z'54 : {-l\.~ Tl' T T~ U Ill..... ~ j-',," ..>.b:' "... '"AI' U26.P "... ...".. T., " , " ;, ......, OJ,.nl, \ ClJSf DS(JP~'l DeIV.f- . - ~ ~ '\ p -; ~CAROlE. ROAD ~ N \ , i:Ji388G)(~8t)88~02J0 ,<~ (;\. ----, ,,~,'/ (~)- -.- -~ o I:v-. ~ :~ ..~ '~.' ,. n.!.. , , . ~., .. . -,.,.:, ~ ...._,... --r-... - ,.~..., ... -"_.._~ I i,~ ."::\ '~J ,-;] "../ --~ ',-~t (v ,-"1"'-\ ---./ i~) \.--' 3 ------ l- .1-- - -.-.......~ -... - '-~_._--..~., - -.-.-.,- ,'"" ,'!) (~ ~ --..-....~- - . 8 .-___~.a (~~ .~ .1 ~. .., --..-....... . ...-.. I : --.-'---~-"--- - -, -! " ~--.......l...--L. _.,. I , '{I.,..-.... '.'" -I;" ........... '-r - ~: . . ~..'''....--_..,~- . S. 7.i>A:.L--T~'- r8. AI.... H r..W1SA/..V.R. '?,~,_. .(~:~A.i_T~S-J . _....__d.~ 7,qt , . I I' .~-+-+_.t l L..., - 'r--j .,......,"~. '~T'~"W"'. ~ ~ on I \ .: . , \ , I ........,'_"'______..;, , ,. ) , -- . '. . ~ ~...,... .~- .."..~ ", :a~ --"'.<<" EE'IJ M i , , ~ - . i'-77~.-r'-1 "i-1 r" ~--1., .... j" ~. -~I-r-.J ~ "-'~"- .--t( rAl'~~I tp. I I. 1,. ~ . I . .+ ' ~-...: 1-'+-1--.-~--.. ,..... .~.-1'.-."~-..,L..4___r_-.~..J- " ; , ; I J I" I' I I,' j I l I I I , I' I . , . , .. '\-- 'j" -,.---., "--r-r. -----,---" 1 '-~---r 1 ---:---:-'.", .~ ~ I ,~ I i I : ',' ., , J 'I" I I ! i' --l~--+- " --!, :~. -', I ! .-, -'7 --;-r"""Ij :-' , -.~~--". . ~<-~~:'". ~~--t.~; ~ ':~a . . I - :"'_-:... -_.~ "_. ~~rQ.~_, __ _1 r- .7 $7~, ~- CAS t 1f OSUo /Og 29 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 06127106 AGENDA ITEM: A Motion authorizing the City Manager or his designee to accept an Enforcing Underage Drinking Laws (EUDL) grant in the amount of $35,702 from 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 $20,599, and in-kind contribution of $7~, for 8 total project cost of $57,047. B Ordinance appropriating $35. 702 from the State of Texas, Texas Alcoholic Beverage Commission in the No 1061 State and Federal Grant Fund forfunding to enforce and prevent underage drinking. C Resolution authorizing the City Manager or his designee to execute an inter10cal agreement with the Corpus Christi Independent School District in the amount of $6,000 for EUDL grant activities. o Resolution authorizing the City Manager or his designee to execute an interlocal agreement with the Flour Bluff Independent School District in the amount of $2,000 for for EUDL grant activities. E Resolution authorizqJ the City Manager or his designee to execute an interlocal agreement with the Calallen Independent School District in the amount of $2,000 for EUDL grant activities. F Resolution authorizing the City Manager or his designee to execute an interlocal agreement with the Tuloso Midway Independent School District in the amount of $2,000 for EUDL grant activities. G Resolution authorizing the City Manager or his designee to execute an interlocal agreement with the West Oso Independent School District in the amount of $2,000 for EUDL grant activities. H. Resolution authorizing the City Manager or his designee to execute an interlocal agreement with Texas A&M Universiy Corpus Christi in the amount of $5,000 for EUDL grant activities. \. Resolution authorizing the City Manager or his designee to execute an interlocal agreement with the Council on Alcohol and Drug Abuse in the amount of $9,256 for EUDL grant activities. 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: Acceptance of grant and appropriation of funds. PREVIOUS COUNCIL ACTION: Approval to submit the grant on 02128106. FUNDING: State funding of $35,702 provides for 600 overtime enforcement hours, fringe benefits, and other costs for the educationlprevention programs. The Law Enforcement Trust Fund provides $20,599 for tJaining travel, printing, confidential funds, and other costs for the education/prevention program; an in-kind contribution of $746 for office supplies 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 acceptance of the grant and appropriation of - ~~ K.A.Bung Acting Chief of Police Aaachments: Grant acceptance notice BACKGROUND INFORMATION TABC is offering funding for projects with the goal of increasing 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 years project applications must also have involved 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, and . Underage drinking on and around college campuses Additionally each grant was 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 The Police Department incorporated many of these elements into the grant application. Funds wilt be provided by inter10cal agreement to support Operation Graduation and other student activities, freshman orientation, 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. The Council on Alcohol and Drug Abuse will serve as the focal point for ordering and distribution of appropriation literature Other partnerships within the grant are . Youth Continuum of Care Coalition (YCCG) . 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 fotlowing areas: . Target establishments suspected of a pattern of violations of state laws . Infonn both establishments and minors of the consequences of illegal sales and purchases; . Prosecute those who illegally sell and purchase alcoholic beverages, and . Promote a strong and consistent message conceming the consequences of underage drinking The partners in this collaboration will be entering into interlocal agreements with the City to receive funds to support grant activities on their campus. The Intergovernmental Commission on Drug and Alcohol Abuse will serve as the community group designated to review the program activities on a monthly basis. The following school districts will participate through Campus Crime Stoppers, development of activities/distribution of literature to enhance their current underage drinking curriculum, Operation Graduation, and public service announcements: o Calallen o Corpus Christi o Flour Bluff o Tuloso-Midway o West Oso o Texas A&M University Corpus Christi will participate through their freshman orientation on-line computer system, development of activities/distribution of literature to enhance their current underage drinking curriculum, and public service announcements . The Council on Drug and Alcohol Abuse will serve as the primary source to assist with the selection of literature, videos, etc. . The Youth Continuum of Care Coalition will serve as a partner to the Council on Drug and Alcohol Abuse. . Commission on Children and Youth - a City Commission offering a letter of support and offers of their members to assist in different areas of the grant as needed. . Corpus Christi Youth Advisory Committee - a City Committee comprised of approximately 20 youth who will assist with minor stings, the development of the public service announcements (serving as actors), and assist the grant with their youthful advice. . Corpus Christi Council of PT A - assist in the implementation/planning of Operation Graduation . Crime Stoppers - will focus on party prevention by establishing a "Party Buster" hotline and placing flyers throughout the middle and high schools in the Nueces County area. ~T E X A S .. -- ~ALCOHOLlC :BEVERAGE -=COMMISSION John T. Steen, Jr. Chairman-San Antonio Gail Madden Member-DaJlas Alan Steen Administrator Jose Cuevas, Jr. Member-Midland June 19, 2006 City of Corpus Chnstl Corpus Christi Police Department Ms. Pat Eldrdige 321 John Sartain Corpus Christi, Texas 78401 Dear Ms Eldridge: The Texas Alcoholic Beverage Commission (TABC) is pleased to award $35,702 to the City of Corpus Christi, Corpus Christi Police Department, for its program, Enforcing Underage Drinking Laws. The T ABC is dedicated to enforcing underage drinking laws and reducing underage drinking throughout the State of Texas. Your project, funded through he Office of Juvenile Justice and Delinquency Prevention (OJJDP's) Enforcing the Underage Drinking Laws (EUDL) block grant, contributes to this effort. The enclosed grant contract contains specific information about your award, including the Statement of Grant Awards, Special Conditions, Approved Award and Budget Summary. Please read over the contract and award conditions carefully. Return the signed original contract to TABC within 45 days of receipt. Should you need additional time to return the contract, please submit a written request for an extension prior to the 45-day deadline. If City of Corpus Christi, Corpus Christi Police Department, the Project Director, Pat Eldridge, and others responsible for managing the grant, MUST attend the mandatory grantee orientation meeting. The meeting is scheduled for Thursday, June 22,2006 at TABC Headquarters in Austin. TABC headquarters is located at 5806 Mesa Drive, Austin, Texas 78731. The orientation meeting will be held in the Commissioners Conference Room from 1 :00 p.m. to 5:00 p.m. Please feel free to contact Kathy Smith at 512-206-3292 if you have any questions. Thank you for your work and best wishes for a successful project. Sincerely, q)~ q)~,on Debbie Dixon Director Education and Prevention Division Enc: Grant Award documents P.O. Box 13127, Austin, Texas 78711-3127 · (512) 206-3333 · www.tabc.state.tx.us An Equal Opportunity Employer ATTACHMENT A STATEMENT OF GRANT AWARD TEXAS ALCOHOLIC BEVERAGE COMMISSION'S ENFORCING THE UNDERAGE DRINKING LAWS PROGRAM Grant Number: (T 0 be assigned by T ABC upon acceptance of award) Grantee Name City of Corpus Christl Division or Unit: Police Department Project Title: Enforcing Underage Drinking Laws Grant Period' June 1,2006 to May 31,2007 Grant Fund: Enforcing the Underage Drinking Laws (EUDL), CFDA #16-727 Office of Juvenile Justice and Delinquency Prevention, U.S. Department of Justice TASC Award: $35,702 The Texas Alcoholic Beverage Commission had awarded the above-reference grant. The approved budget, description, output measures and out come measures are approved as stated in the submitted grant application. This grant is subject to and conditioned upon acceptance of the Texas Alcoholic Beverage Commission's rules, regulations. and my applicable special conditions refunding the project cited below or in other sections of this grant contract. By signing and submitting this contract to TASC, the grant officials accept the responsibility for he grant project and certify their agreement to the conditions of grant funding. The Grantee will participate in the following activities or will agree to the following conditions in addition to those set forth in the original grant application 1. Upon acceptance of this grant award, the grantee will provide the following items before any cost reimbursements will be made by TABC. a. Documentation that the Project Director is eligible to receive additional wages based on their job classification and/or university policy. b. Extra duty pay rate (listed as "overtime" in original budget) for the project director and documentation that the proposed extra duty rate is commensurate with rates for similar extra duty work paid by the university. c. Breakdown of extra duty hours to be worked by the Project Director. d. Documentation that work completed on (and paid-for by) this grant is beyond work that is completed in normal job duties of the Project Director. e. Breakdown of hours to be worked and the rate/hour of the following project personnel: i. Project coordinator (peer educators student organizations) ii. Project coordinator (GREEKS), iii. Project coordinator (first year residential students), and; iv. Student secretary. f Breakdown of pay for all consultants, to include the pay rate and number of hours to be worked. The consultant rate may not exceed $450/day. (Note: If it is a stipend, rather than an hourly rate, just indicate the approximate number of hours each individual is expected and/or required to work on the project to receive the payment.) 2 The Project Director must attend the T ABC Grant Delivery Meeting. Enforcing Underage Drinking Laws Grant Contract No. CONTRACT BETWEEN THE TEXAS ALCOHOLIC BEVERAGE COMMISSION AND City of Corpus Christi L PartIes and Authority, I 1 Texas Alcoholic Beverage Commission (TABe), an agency of the State of Texas with authority to grant, administer, and monitor federal fund provided by the federal Office of Juvenile Justice and Delinquency Prevention. i ,2 CITY OF CORPUS CHRISTI, Grantee, The person signing on behalf of Grantee has legal authority to enter into this contract, and bind the Grantee. 2. Purpose. The Enforcing the Underage Drinking Laws (EUDL) Program supports and enhances efforts by states and local jurisdictions to prohibit the sale of alcoholic heverages to minors and the purchase and consumption of alcoholic beverages by minors. 3. Contract. This agreement consists of this contract, Attachments A, B, C and D, and all amendments made in compliance with paragraph 4. 4. Term, Tills agreement becomes effective when fully executed by both parties. This ,:ontract terminates on May 31. 2007, unless terminated earlier by agreement or for cause. 5. Amendment. This agreement may be amended by agreement or as required by law. No amendment is effective unless it made to writing, has an effective date, is signed by both parties and by its terms is made a part of this agreement. 6 Funding:. Federal grant funds \"ill be obligated to the Grantee after the effective date of the contract. The amount and use of funds is set forth in Attachment A, Notice of Grant Award and Special Conditions, and Attachment B, TARC Approved Award and Budget Summary Funds not distributed to Grantee will be de-obligated at the end of the contract term. Proposed budget adjustments that exceed 10% of the budget category of the grant must be approved in writing by the T ABC. Proposed budget adjustment requests must be submitted within 30 calendar days of the end of the grant year. No budget adjustment request submitted after May I, 2007 will be approved. All funding under this contract is contingent on the continuing availability of federal appropriations for these grants. If funding is no longer available this contract will terminate. 7. Payment and Cost Statements. Grantee will be paid on a cost reimbursement basis. Allowable costs will be determined based on Uniform Grants Management Standards, 4ttachment A, C;eneral Principles for Determining Allowable Costs, published by the Governor's Office of Budget and Planning. Payments will be based on the required reports and itemized cost statements on the forms and in the format provided in the approved award and budget summary (see Attachment B to this contract). Allowable costs must be supported by reports and reimbursement requests, and are due as follows: Reporting Period Due No Later Than: September 15, 2006 October 30,2006 January 31, 2007 April 30, 2007 June 30,2007 Report I: June 1 'I - August 3151 Report 2: September 151 September 30th Report 3' October I st December 3151 Report 4: January I Sl March 3] st Report 5. April;: May J I ;. 8. Performance Measures and Performance Targets. Grant performance measures and performance targets are set forth in Attachment D to this contract. Program progress reports must be submitted on the forms provided or specified by the T ABC or by entry into a designated internet-based automated system. The Grantee is required coordinate and cooperate with the T ABC to ensure program compliance, monitoring and enforcement of performance measure as set forth in Attachment D, and contract requirements. Program progress reports are due on September 15th, December 15th March 15th and June 15th, during the term of the contract. TABC may require more frequent program progress report, as T ABC determines necessary to effectively monitor contract performance 9. Assurances and compliance with State and Federal laws. State and Federal Assurances and other special requirements signed upon applying for this grant are incorporated into this contract. The Grantee will also comply with 16 Texas Administrative Code, Chapter 32, relating to (Jrant Administration and the Uniform Grant Management Standards adopted by the Governor's Office. 10. Audit and Financial Reporting Requirements. All Grantees, regardless of funding level, must furnish TABC with annual audited financial statements or one copy of the audit findings reporting package. Audits and financial statements must be conducted and prepared in compliance with the State of Texas Single Audit Circular. All audits are subject to reVle\\ by T ABC. Audit reports and/or certifications of "no findings" are due nine months from the end of the Grantees' fiscal year. 11. Use ofTABC seal or logo. The TABC logo must be affixed to all printed material paid for with grants funds. Printed material must be submitted to T ABC for review and approval prior to production and distribution. The T ABC logo may not be stretched, altered or otherwlse modi tied in form or format. 12. Monitoring and Compliance. Grantee must provide T ABC access to Grantee premises, books, documents, papers and records necessary to monitor and ensure compliance with this contract. 13. Disputes. All disputes between the parties to this agreement must be resolved through the procedures in Chapter 2260 ofthe Texas Government Code. 14. Records and Reports. Grantee must retain all records required to be created and maintained under this contract for 3 years after final payments and all pending matters are closed. Grantee must provide access records subject to disclosure under the Texas Public Information Act 15 Qefault. Failure to comply with the reporting requirements, performance measures, or \vith the State and federal laws applicable to this contract are a default of this contract. Grantee will be provided with 30 days Notice and Opportunity to Cure before a default wIll be declared, In the event of a default, TABC may withhold funding, disallow all or part of costs relating to the default, suspend or terminate the contract, and or bar further participatIon m 1 ABC grants 16. Termination. This contract may be terminated by agreement of both parties. This ..:ontract may bl temlinated by T ABC is grant funds are no longer available or for material default. This contract may be terminated by Grantee if Grantee is not currently m default Tennination requires giving the non-terminating party 30 days Notice of Intent to Terminate. 17 Continuing obligations after termination. Grantee must continue to comply with all reporting, closing out, and records retention requirements after termination. T ABC will perform all obligations required to close out and pay all outstanding and allowable costs after termmation ('jty of Corpus Christi TEXAS ALCHOLIC BEVERAGE COMMISSION By: ___.___ __..__ ,_._ Signature: Authorized Official By: Alan Steen, Administrator . Geo~ge ~. Noe (Type Name) (Date) City Manager (Type Title) (Date) ATTACHMENT C GENERAL PROVISIONS 1. The State will make payment to the Grantee within thirty (30) days from receipt of the Grantee's Request for Reimbursement (RFR), if the RFR is properly prepared, executed, and documented. 2. The Grantee agrees to maintain book, records, and documents pertaining to the costs and expense of this agreement, and agrees to male available said books, records and documents to the State for the purpose of making inspections or audits for a period of four years from the date of final payment. 3. This agreement may be terminated before the established completion date by either party upon the failure of the other party to fulfill its obligation under this agreement upon ten (100 days written notice or by mutual consent. 4. The Grantee shall save harmless the T ABC from all claims and liability due to activities of himself, his agents or employees performed under this agreement and which result for an error, omission or negligent act of the Grantee or any person employed by the Grantee. The Grantee shall also save harmless the T ABC from any and all expenses, including attorney fees, which might be incurred by the T ABC in litigation or otherwise resisting said claim or liability which might be Imposed on the T ABC as the result of such activities by the Grantee, his agents or employees. 5. The T ABC and the Grantee shall not assign or otherwise transfer its rights or obligations under this agreement except with the prior written consent of the other party. 6. The TABC's policy mandates that employees of the TABC shall not accept any benefits, gifts of favors from any person doing business or who may be reasonably expected to do business with the TASC under this agreement. Any person doing business with the TABC under this agreement may not make any offer of benefits, gifts or favors to TABC employees, except as mentioned here and above Failure on the part of the Grantee to adhere to this policy may result in the termination of this agreement. 7. In the case anyone or more of the provisions contained in this agreement shall for any reason be held to be invalid. illegal or unenforceable in any respect, such invalidity, illegality or unenforceable act shall not affect any other provision thereof and this shall be construed as if such Invalid, illegal or unenforceable provision had never been contained herein. 8. This agreement constitutes the sole and only agreement of the parties hereto and supersedes any prior understandings, written or oral agreements between the parties respecting the within subject matter. 9. The agreement shall be construed under and in accordance with the laws of the State of Texas and generally accepted principles for financial and programmatic management of state grants. Any legal actions regarding the parties' obligations under this agreement must be filed in Travis County, Texas. EUDL Application Attacnment 2 EUDL Performance Measures & Performance Goals Applicant City of Corpus Christl, Police Department [------.------- OJJDP Mandated Measures Prior Year Baseline I ~'(outh parii~pajin9 In Qr~rltl.?\N enfs>rcement activities 0 rt! Y_outh Invglve~n.9rantee/coalitior~tlVates__ _ i 0 ~~rant_r~lated un(j~r~drinki.!'!Lmedla campai~Ja_II)+___O__ ! # U[) media campaigns tar~lt_nf1adults ,0 . - ~ r~"" ~..tt UD_media campaiBns targeting Yout~____..u - -r---Q-- ~_~Ch<?Q_I~COmml,l~i~S implem.~nti~new LJ~~trat~gie_s+-__ 0 I \!!lrlnovatlve changes to common prevention strateoies 0_--+ ~1!:1nO\l.ative changes to common enforcem~~s.!rat~es i ~Ne~!ln_novative da~a collection/evaluation components ~J~arn~(j f!1edi<!J:len~.r:ated ~ant activities (all)__ i # Press Releases !--... --._-- - _..._._.~- ~_1! Le.!!~rs !<L..Edito.r:. ~__ __ L- # Rad~glTV lntervieyv~ i ~. # OpJ~(j_~icles I # Grant Related Articles in Print medla ; i # Press Conferences f. -~-- n__ -. ... l. .# Rad..lolTV PSj:>.s .c..reated ~. . # Paid Newspaper Ads_ ___ .__ I ~ogr~ S~cWic Performance Measure~_ # Crime Stoppers Party Buster Hotline 1JQ.~ ~of undercover ~().!l1plial1ce ch~cks__ , -+---- I I 0 +-~- ! ! 0 +-..-- P O. ct N Enforcing Underage Drinking Laws r Je ame Attachment D Quarterly Perfonnance Tare ets 1 st Qtr 2nd Qtr 3rd Qtr 4th Qtr ! 25 25 25 25 500 500 500 500 - --~~~-_._.-----+-- 5 I 5 5 5 --- ._--.._-----~--' ! 2 2 , 2 2 _..-- 3 I 3 3 3 --1 6 0 0 0 __n____~~__ I ..... 'r--- ----~-- I 5 i __,_____.d I 1-- ___J.9..___ i ies) __ rrests/citations 4 report _ _ __9.. t-- 15 F~u :~ - :--1 Id~_1 _.~- +--- r ---- ~---t--~-:- +-----+--- ------ _____+___ 3.75 __ 2.5 !% decrease in # Texas A&M alcohol VIO r - % increase in adult arrests for purchase minor; furnishin alcQhoi to a minor ABC lations __.u_ .-f----- u_ t- of alcohol for a i oode106.06 . -- - ... --1---.- -....--.i- 3.25 lr:.evise~_?/~/2006. _ -~- Grant Year Goal 100 2000 20 8 12 6 15 15 15 60 2 2 2 8 2 2 2 8 5 5 5 20 3 3 3 12 1 1 1 4 1 1 1 4 1 1 1 4 0 0 0 0 5 5 5 20 10 10 10 40 15 15 15 60 3.75 3.75 3.75 15% 2.5 2.5 2.5 10% 3.25 3.25 3.25 13% i ORDINANCE APPROPRIATING $35,702 FROM THE STATE OF TEXAS, TEXAS ALCOHOLIC BEVERAGE COMMISSION, IN THE NO. 1061 STATE AND FEDERAL GRANT FUND FOR FUNDING TO ENFORCE AND PREVENT UNDERAGE DRINKING; AND DeCLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $35,702 from the State of Texas, Texas Alcoholic Beverage Commission is appropriated in the No. 1061 State and Federal Grant Fund for funding to enforce and prevent underage drinking. SECTION 2. That upon written request of the Mayor or five Council Members, the City Council (1) finds and declares an emergency due to the need for immediate action for the efficient and effective administration of City affairs; and, (2) suspends that Charter rule which requires an ordinance to be considered and voted upon at two regular meetings, so that this ordinance is passed and takes effect as an emergency measure upon its first reading on this the 27th of June, 2006. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Henry Garrett, Mayor Approved as to form jv- 1<\ (. l L ,2006 ~/~/ Joseph mey 0 lWsistant City Attorney For City Attorney TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the attached ordinance, an emergency exists requiring suspension of that Charter rule which requires an ordinance to be considered and voted upon at two regular meetings. Therefore, IIwe request that you suspend said Charter rule and finally pass this ordinance on the date of its introduction, 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 Jerry Garcia John E. Marez Bill Kelly Rex A. Kinnison Melody Cooper Jesse Noyola Mark Scott RESOLUTION AUTHORIZING THE CITY MANAGER. OR HIS DESIGNEE. TO exECUTE AN INTERLOCAL AGREEMENT WITH THE CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT IN THE AMOUNT OF sa,ooo FOR EUDL GRANT ACTIVlnES. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SlCnON 1. That the City Manager, or his designee, is authorized to execute an interlocal agreement between the City of Corpus Christi and the Corpus Christi Independent School District to establish terms for the use of $6,000 for Enforcing Underage Drinking Laws grant activities. ATTEST: THE CITY OF CORPUS CHRISTI Henry Garrett Mayor Armando Chapa City Secretary APPROVED: \/ v v<-f Z L ,2006. Joseph H ey Aseistant City Attome For City Attorney R esol-lntAg-<:c:tsd-eudl 2 Corpus Christi. Texas of I 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 RMOt-lntAg-cclsd-eudl INTERLOCAL AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND THE CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT This Interlocal Agreement is entered into by and between the City of Corpus Christi, Texas ("City") and the Corpus Christl Independent School District ("CCISD"), collectively known as the "Parties" Recitals The Parties recognize that an underage drinking problem exists in the impacted area. The Parties want to achieve the common goal of reducing underage drinking by increasing enforcement activities regarding the sale of alcohol to minors, increasing publicity of underage drinking laws, and enhancing awareness of personal liability in regards to adults providing alcohol to underage drinkers. NOW, THEREFORE in consideration of the mutual covenants in this Agreement, the participating local governments, authorized by appropriate actions of their governing bodies and pursuant to the terms of Texas Government Code, Section 791.001 et seq., hereby agree as follows: 1. Purpose. The purpose of this Agreement is to provide a framework by which the Parties will achieve their stated goal of increasing enforcement and awareness activities with regard to underage drinking. 2. Scope of Services. The City will provide CCISD funding in the amount of $6,000 and CCISD will use the funds to carry out activities associated with achieving the stated goal. A CCISD representative will be required to attend monthly meetings and report the progress of the initiative. Receipts for expenditures using the provided funds shall be kept and submitted back to the City. 3. Implementation. The Parties, and their designees, are authorized and directed to take all steps necessary or convenient to implement this Agreement. 4. Warranty. The Agreement has been officially authorized by the governing body of each Party, and each signatory to this Agreement guarantees and warrants that the signatory has full authority to execute this Agreement and to legally bind their respective Party to this Agreement 5. Expending Funds. Each Party which performs services under this Agreement will do so with funds available from current revenues of the Party. No Party shall have any liability for the failure to expend funds to provide aid under this Agreement. 6. Term of Agreement. a. This Agreement shall become effective as to each Party when approved and executed by that Party. b Once approved by all Parties, the term of this agreement will expire upon 90 days written notice of either party. c Termination of participation in this Agreement by any Party does not affect the continued operation of this Agreement between and among the remaining Parties, and this Agreement shall continue in force and remain binding on the remaining Parties. 7. Oral and Written Agreements. All oral or written agreements between the parties relating to the subject matter of this Agreement, which were developed prior to the execution of this Agreement. have been reduced to writing and are contained in this Agreement. 8. Entire Agreement. This Agreement, including Attachments, represents the entire Agreement between the Parties and supersedes any and all prior agreements between the parties, whether written or oral, relating to the subject of this agreement. 9. Interlocal Cooperation Act. The Parties agree that activities contemplated by this Agreement are "governmental functions and services" and that the Parties are "local governments" as that term is defined in the I nterlocal Cooperation Act. 10. Severability If any provision of this Agreement is held invalid for any reason, the invalidity does not affect other provisions of the Agreement, which can be given effect without the invalid provision. To this end the remaining provisions of this Agreement are severable and continue in full force and effect. 11 Validity and Enforceability If any current or future legal limitations affect the validity or enforceability of a provision of this Agreement, then the legal limitations are made a part of this Agreement and shall operate to amend this Agreement to the minimum extent necessary to bring this Agreement into conformity with the requirements of the limitations, and so modified, this Agreement continue in full force and effect. 12 Not for Benefit of Third Parties This Agreement and all activities under this Agreement are solely for the benefit of the Parties and not the benefit of any third party. 13. Immunity not Waived. Nothing In this Agreement is intended, nor may it be deemed, to waive any governmental, official, or other immunity or defense of any of the Parties or their officers. employees, representatives, and agents as a result of the execution of this Agreement and the performance of the covenants contained in this Agreement 14. CiVil Liability to Third Parties. Each Responding Party will be responsible for any civil liability for its own actions under this Agreement, and will determine what level, if any, of insurance or self-insurance it should maintain for such situations. 15. No Liability of Parties to One Another. One Party may not be responsible and is not civilly liable to another for not responding, or for responding at a particular level of resources or in a particular manner. Each Party to this Agreement waives all claims 2 against the other Parties to this Agreement for compensation for any loss, damage, personal Injury or death occurring as a consequence of the performance of this Agreement, except those caused in whole or in part by the negligence of an officer, employee or agent of another Party. 16. Notices :3 Notices under this agreement may be delivered by mail as follows: City: City of Corpus Christi Attn: City Manager P.O. Box 9277 Corpus Christi, Texas 78469-9277 CCISD: Corpus Christi Independent School District Attn: Office of the Superintendent P.O. Box 110 Corpus Christi, Texas 78403-0110 b. The parties to this agreement may specify to the other party in writing. 17. Captions. Captions to provisions of this Agreement are for convenience and shall not be considered in the interpretation of the provisions. 18. Governing Law and Venue. This Agreement shall be governed by the laws of the State of Texas, Venue for an action arising under this Agreement shall be in accordance with the Texas Rules of Civil Procedure. Executed in duplicate originals this the _ day of ,2006. City of Corpus Christi Corpus Christi Independent School District George K. Noe City Manager Mary G. Kelley Interim Superintendent Attest: Attest: Armando Chapa City Secretary Name/Title 3 .... RESOLunON AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE AN INTERLOCAL AGREEMENT WITH THE FLOUR BLUFF INDEPENDENT SCHOOL DISTRICT IN THE AMOUNT OF $2,000 FOR EUDL GRANT ACnVlnES. 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 jnterlocal agreement between the City of Corpus Christi and the Flour Bluff Independent School District to establish terms for the use of $2,000 for Enforcing Underage Drinking Laws grant activities ATTEST: THE CITY OF CORPUS CHRlSn Armando Chapa City Secretary Henry Garrett Mayor APPROVED: \ J oJ ~ ( Z L , 2006. v '~ 'l i c ~.,- Joseph H ey. r Assistant City Attorney For City Attorney R8IOl-lntAg-fbisd-eudl 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 Bift Kelly Rex A. Kinnison Jesse Noyola MIiIrk Scott ReeoI-lntAg-fbisd-eudl .- ..- INTERLOCAL AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND THE FLOUR BLUFF INDEPENDENT SCHOOL DISTRICT This Interlocal Agreement is entered into by and between the City of Corpus Christi, Texas ("City") and the Flour Bluff Independent School District (UFBISD"), collectively known as the "Parties" Recitals The Parties recognize that an underage drinking problem exists in the impacted area. The Parties want to achieve the common goal of reducing underage drinking by Increasing enforcement activities regarding the sale of alcohol to minors, increasing publicity of underage drinking laws, and enhancing awareness of personal liability in regards to adults providing alcohol to underage drinkers. NOW, THEREFORE in consideration of the mutual covenants in this Agreement, the participating local governments, authorized by appropriate actions of their governing bodies and pursuant to the terms of Texas Government Code, Section 791.001 et seq., hereby agree as follows: 1. Purpose. The purpose of this Agreement is to provide a framework by which the Parties will achieve their stated goal of increasing enforcement and awareness activities with regard to underage drinking. 2. Scope of Services. The City will provide FBISD funding in the amount of $2,000 and FBISD will use the funds to carry out activities associated with achieving the stated goal. A FBISD representative will be required to attend monthly meetings and report the progress of the initiative. Receipts for expenditures using the provided funds shall be kept and submitted back to the City. 3. Implementation. The Parties, and their designees, are authorized and directed to take all steps necessary or convenient to implement this Agreement. 4. Warranty. The Agreement has been officially authorized by the governing body of each Party, and each signatory to this Agreement guarantees and warrants that the signatory has full authority to execute this Agreement and to legally bind their respective Party to this Agreement. 5. Expending Funds. Each Party which performs services under this Agreement will do so with funds available from current revenues of the Party. No Party shall have any liability for the failure to expend funds to provide aid under this Agreement. 6. Term of Agreement a This Agreement shall become effective as to each Party when approved and executed by that Party. b Once approved by all Parties, the term of this agreement will expire upon 90 days written notice of either party. c Termination of participation in this Agreement by any Party does not affect the continued operation of this Agreement between and among the remaining Parties, and this Agreement shall continue in force and remain binding on the remaining Parties 7. Oral and Written Agreements. All oral or written agreements between the parties relating to the subject matter of this Agreement, which were developed prior to the execution of this Agreement, have been reduced to writing and are contained in this Agreement. 8. Entire Agreement. This Agreement, including Attachments, represents the entire Agreement between the Parties and supersedes any and all prior agreements between the parties, whether wntten or oral, relating to the subject of this agreement. 9. Interlocal Cooperation Act. The Parties agree that activities contemplated by this Agreement are "governmental functions and services" and that the Parties are "local governments" as that term is defined in the Interlocal Cooperation Act. 10. Severability. If any provision of this Agreement is held invalid for any reason, the Invalidity does not affect other provisions of the Agreement, which can be given effect without the invalid provision. To this end the remaining provisions of this Agreement are severable and continue in full force and effect. 11. Validity and Enforceability. If any current or future legal limitations affect the validity or enforceability of a provision of this Agreement, then the legal limitations are made a part of this Agreement and shall operate to amend this Agreement to the minimum extent necessary to bring this Agreement into conformity with the requirements of the limitations, and so modified, this Agreement continue in full force and effect. 12. Not for Benefit of Third Parties. This Agreement and all activities under this Agreement are solely for the benefit of the Parties and not the benefit of any third party. 13. Immunity not Waived. Nothing in this Agreement is intended, nor may it be deemed, to waive any governmental, official, or other immunity or defense of any of the Parties or their officers, employees, representatives, and agents as a result of the execution of this Agreement and the performance of the covenants contained in this Agreement. 14. Civil Liability to Third Parties. Each Responding Party will be responsible for any civil liability for its own actions under this Agreement, and will determine what level, if any, of insurance or self-insurance it should maintain for such situations. 15. No liability of Parties to One Another. One Party may not be responsible and is not civilly liable to another for not responding, or for responding at a particular level of resources or in a particular manner. Each Party to this Agreement waives all claims 2 against the other Parties to this Agreement for compensation for any loss, damage, personal injury, or death occurring as a consequence of the performance of this Agreement, except those caused in whole or in part by the negligence of an officer, employee, or agent of another Party. 16. Notices a Notices under this agreement may be delivered by mail as follows: City: City of Corpus Christi Attn: City Manager P.O Box 9277 Corpus Christi, Texas 78469-9277 FBI SO: Flour Bluff Independent School District Attn. Office of the Superintendent 2505 Waldron Corpus Christi, Texas 78418 b The parties to this agreement may specify to the other party in writing. 17. Captions. Captions to provisions of this Agreement are for convenience and shall not be considered in the interpretation of the provisions. 18. Governing Law and Venue. This Agreement shall be governed by the laws of the State of Texas. Venue for an action arising under this Agreement shall be in accordance with the Texas Rules of Civil Procedure. Executed in duplicate originals this the _ day of ,2006. City of Corpus Christi Flour Bluff Independent School District George K. Noe City Manager Dr. Julie Carbajal, Ed.D. Su perintendent Attest: Attest: Armando Chapa City Secretary NamefTitle 3 RESOLUTION AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE AN INTERLOCAL AGREEMENT WITH THE CALALLEN INDEPENDENT SCHOOL DISTRICT IN THE AMOUNT OF $2,000 FOR EUDL GRANT ACTIVITIES. 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 interlocal agreement between the City of Corpus Christi and the Cat alien Independent School District to establish terms for the use of $2,000 for Enforcing Underage Drinking laws grant activities. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Henry Garrett Mayor APPROVED: \)iln f 2 L, 2006. ~Ih/ Joseph Ham y (5 Aasistant City Attorney For City Attorney ReaoI-lntAg-cisd-eudl 2 Corpus Christi, Texas m ,2~ 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 Resol-lntAg-cisd-eudi INTERLOCAL AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND THE CALALLEN INDEPENDENT SCHOOL DISTRICT This Interlocal Agreement is entered into by and between the City of Corpus Christi, Texas ("City") and the Calallen Independent School District ("CISD"), collectively known as the "Parties" Recitals The Parties recognize that an underage drinking problem exists in the impacted area. The Parties want to achieve the common goal of reducing underage drinking by Increasing enforcement activities regarding the sale of alcohol to minors, increasing publicity of underage drinking laws, and enhancing awareness of personal liability in regards to adults providing alcohol to underage drinkers. NOW, THEREFORE in consideration of the mutual covenants in this Agreement, the participating local governments, authorized by appropriate actions of their governing bodies and pursuant to the terms of Texas Government Code, Section 791.001 et seq., hereby agree as follows: 1. Purpose. The purpose of this Agreement is to provide a framework by which the Parties will achieve their stated goal of increasing enforcement and awareness activities with regard to underage drinking. 2. Scope of Services. The City will provide CISD funding in the amount of $2,000 and CISD will use the funds to carry out activities associated with achieving the stated goal. A CISD representative will be required to attend monthly meetings and report the progress of the initiative. Receipts for expenditures using the provided funds shall be kept and submitted back to the City 3. Implementation. The Parties, and their designees, are authorized and directed to take all steps necessary or convenient to implement this Agreement. 4. Warranty. The Agreement has been officially authorized by the governing body of each Party, and each signatory to this Agreement guarantees and warrants that the signatory has full authority to execute this Agreement and to legally bind their respective Party to this Agreement 5. Expending Funds. Each Party which performs services under this Agreement will do so with funds available from current revenues of the Party. No Party shall have any liability for the failure to expend funds to provide aid under this Agreement. 6. Term of Agreement. a. This Agreement shall become effective as to each Party when approved and executed by that Party. b Once approved by all Parties, the term of this agreement will expire upon 90 days written notice of either party. c Termination of participation in this Agreement by any Party does not affect the continued operation of this Agreement between and among the remaining Parties, and this Agreement shall continue in force and remain binding on the remaining Parties. 7. Oral and Written Agreements. All oral or written agreements between the parties relating to the subject matter of this Agreement, which were developed prior to the execution of this Agreement, have been reduced to writing and are contained in this Agreement. 8. Entire Agreement. This Agreement, including Attachments, represents the entire Agreement between the Parties and supersedes any and all prior agreements between the parties, whether wntten or oral, relating to the subject of this agreement. 9. Interlocal Cooperation Act. The Parties agree that activities contemplated by this Agreement are "governmental functions and services" and that the Parties are "local governments" as that term is defined in the Interlocal Cooperation Act. 10. Severability. If any provision of this Agreement is held invalid for any reason, the invalidity does not affect other provisions of the Agreement, which can be given effect without the invalid proVision. To this end the remaining provisions of this Agreement are severable and continue in full force and effect. 11. Validity and Enforceability. If any current or future legal limitations affect the validity or enforceability of a provision of this Agreement, then the legal limitations are made a part of this Agreement and shall operate to amend this Agreement to the minimum extent necessary to bring this Agreement into conformity with the requirements of the limitations, and so modified, this Agreement continue in full force and effect. 12. Not for Benefit of Third Parties. This Agreement and all activities under this Agreement are solely for the benefit of the Parties and not the benefit of any third party. 13 Immunity not Waived. Nothing in this Agreement is intended, nor may it be deemed, to waive any governmental, official, or other immunity or defense of any of the Parties or their officers. employees, representatives, and agents as a result of the execution of this Agreement and the performance of the covenants contained in this Agreement. 14. Civil Liability to Third Parties. Each Responding Party will be responsible for any civil liability for its own actions under this Agreement, and will determine what level, if any, of insurance or self-insurance it should maintain for such situations. 15. No Liability of Parties to One Another. One Party may not be responsible and is not civilly liable to another for not responding, or for responding at a particular level of resources or in a particular manner Each Party to this Agreement waives all claims 2 against the other Parties to this Agreement for compensation for any loss, damage, personal injury, or death occurring as a consequence of the performance of this Agreement, except those caused in whole or in part by the negligence of an officer, employee or agent of another Party 16. Notices. a Notices under this agreement may be delivered by mail as follows: City: City of Corpus Christi Attn City Manager P.O. Box 9277 Corpus Christi, Texas 78469-9277 CISD Calallen Independent School District Attn: Office of the Superintendent 4205 Wildcat Drive Corpus Christi, Texas 78410 b The parties to this agreement may specify to the other party in writing. 17. Captions. Captions to provisions of this Agreement are for convenience and shall not be considered in the interpretation of the provisions. 18. Governing Law and Venue. This Agreement shall be governed by the laws of the State of Texas. Venue for an action arising under this Agreement shall be in accordance with the Texas Rules of Civil Procedure. Executed in duplicate originals this the _ day of ,2006. City of Corpus Christi Calallen Independent School District George K. Noe City Manager Dr. Arturo Almendarez, Ph.D. Superintendent Attest: Attest: Armando Chapa City Secretary Nameffitle 3 RESOLUTION AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE AN INTERLOCAL AGREEMENT WITH THE TULOSO~ MIDWAY INDEPENDENT SCHOOL DISTRICT IN THE AMOUNT OF $2,000 FOR EUDL GRANT ACTIVITIES. 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 interlocal agreement between the City of Corpus Christi and the Tuloso-Midway Independent School District to establish terms for the use of $2,000 for Enforcing Underage Drinking Laws grant activities. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Henry Garrett Mayor APPROVED: r)&0.e l z. , 2006. RelIOI-lnlAg-tmisd-eudl 2 Corpus Christi. Texas of I 2006 The above resolution was passed by the following vote: Henry Garrett Brent Chesney John E. Marez Melody Cooper Jerry Garcia Bm Kelly Rex A. Kinnison Jesse Noyola Mark Scott ReeoI-lntAg-tmisd-eudl INTERLOCAL AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND THE TULOSO-MIDWAY INDEPENDENT SCHOOL DISTRICT This Interlocal Agreement is entered into by and between the City of Corpus Christi, Texas ("City") and the Tuloso-Midway Independent School District ("TMISD"), collectively known as the "Parties' Recitals The Parties recognize that an underage drinking problem exists in the impacted area. The Parties want to achieve the common goal of reducing underage drinking by increasing enforcement activities regarding the sale of alcohol to minors, increasing publicity of underage drinking laws, and enhancing awareness of personal liability in regards to adults providing alcohol to underage drinkers. NOW, THEREFORE in consideration of the mutual covenants in this Agreement, the participating local governments, authorized by appropriate actions of their governing bodies and pursuant to the terms of Texas Government Code, Section 791.001 et seq., hereby agree as follows: 1. Purpose. The purpose of this Agreement is to provide a framework by which the Parties will achieve their stated goal of increasing enforcement and awareness activities with regard to underage drinking. 2. Scope of Services. The City will provide TMISD funding in the amount of $2,000 and TMISD will use the funds to carry out activities associated with achieving the stated goal. A TMISD representative will be required to attend monthly meetings and report the progress of the initiative. Receipts for expenditures using the provided funds shall be kept and submitted back to the City. 3. Implementation. The Parties, and their designees, are authorized and directed to take all steps necessary or convenient to implement this Agreement. 4. Warranty. The Agreement has been officially authorized by the governing body of each Party, and each signatory to this Agreement guarantees and warrants that the signatory has full authority to execute this Agreement and to legally bind their respective Party to this Agreement. 5. Expending Funds. Each Party which performs services under this Agreement will do so with funds available from current revenues of the Party. No Party shall have any liability for the failure to expend funds to provide aid under this Agreement. 6. Term of Agreement a. This Agreement shall become effective as to each Party when approved and executed by that Party. b Once approved by all Parties, the term of this agreement will expire upon 90 days written notice of either party. c Termination of participation in this Agreement by any Party does not affect the continued operation of this Agreement between and among the remaining Parties, and this Agreement shall continue in force and remain binding on the remaining Parties. 7 Oral and Written Agreements. All oral or written agreements between the parties relating to the subject matter of this Agreement, which were developed prior to the execution of this Agreement, have been reduced to writing and are contained in this Agreement. 8. Entire Agreement. This Agreement, including Attachments, represents the entire Agreement between the Parties and supersedes any and all prior agreements between the parties, whether written or oral. relating to the subject of this agreement. 9. Interlocal Cooperation Act. The Parties agree that activities contemplated by this Agreement are "governmental functions and services" and that the Parties are "local governments" as that term is defined in the Interlocal Cooperation Act. 10. Severability. If any provision of this Agreement is held invalid for any reason, the invalidity does not affect other provisions of the Agreement, which can be given effect without the invalid provision . To this end the remaining provisions of this Agreement are severable and continue in full force and effect. 11 Validity and Enforceability If any current or future legal limitations affect the validity or enforceability of a provision of this Agreement, then the legal limitations are made a part of this Agreement and shall operate to amend this Agreement to the minimum extent necessary to bring this Agreement into conformity with the requirements of the limitations, and so modified, this Agreement continue in full force and effect. 12. Not for Benefit of Third Parties This Agreement and all activities under this Agreement are solely for the benefit of the Parties and not the benefit of any third party. 13. Immunity not Waived. Nothing in this Agreement is intended, nor may it be deemed, to waive any governmental, official, or other immunity or defense of any of the Parties or their officers. employees, representatives, and agents as a result of the execution of this Agreement and the performance of the covenants contained in this Agreement. 14. Civil Liability to Third Parties. Each Responding Party will be responsible for any civil liability for its own actions under this Agreement, and will determine what level, if any, of insurance or self-insurance it should maintain for such situations. 15. No Liability of Parties to One Another. One Party may not be responsible and is not civilly liable to another for not responding, or for responding at a particular level of resources or in a particular manner Each Party to this Agreement waives all claims 2 against the other Parties to this Agreement for compensation for any loss, damage, personalmjury, or death occurring as a consequence of the performance of this Agreement, except those caused in whole or in part by the negligence of an officer, employee, or agent of another Party. 16 Notices a Notices under this agreement may be delivered by mail as follows: City: City of Corpus Christi Attn: City Manager POBox 9277 Corpus Christi, Texas 78469-9277 TMISD Tuloso-Midway Independent School District Attn: Office of the Superintendent P.O Box 10900 Corpus Christi, Texas 78460-0900 b The parties to this agreement may specify to the other party in writing. 17 Captions. Captions to provisions of this Agreement are for convenience and shall not be considered in the interpretation of the provisions. 18. Governing Law and Venue, This Agreement shall be governed by the laws of the State of Texas. Venue for an action arising under this Agreement shall be in accordance with the Texas Rules of Civil Procedure. Executed in duplicate originals this the _ day of ,2006. City of Corpus Christi Tuloso-Midway Independent School District George K. Noe City Manager Dr, Cornelio Gonzalez, Ph.D. Su perintendent Attest: Attest: Armando Chapa City Secretary Name/Title 3 RESOLUTION AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE AN INTERLOCAL AGREEMENT WITH THE WEST 080 INDEPENDENT SCHOOL DISTRICT IN THE AMOUNT OF $2,000 FOR EUDL GRANT ACTIVlnES. 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 intertocal agreement between the City of Corpus Christi and the West 050 Independent School District to establish terms for the use of $2,000 for Enforcing Underage Drinking Laws grant activities. ATTEST: THE CITY OF CORPUS CHRISTI Henry Garrett Mayor Armando Chapa City Secretary APPROVED: V~,.. f' I L ,2006. ~ ' // (I--. / Joseph Harney 0' Assistant City Attorney For City Attorney R8IOI-IntAg-woisd-eudl 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 Resol-IntAg-woisd-eudl INTERLOCAL AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND THE WEST OSO INDEPENDENT SCHOOL DISTRICT This Interlocal Agreement is entered into by and between the City of Corpus Christi, Texas ("City") and the '.'Vest Oso Independent School District ("WOISD"), collectively known as the 'Parties' Recitals The Parties recognize that an underage drinking problem exists in the impacted area. The Parties want to achieve the common goal of reducing underage drinking by Increasing enforcement activities regarding the sale of alcohol to minors, increasing publicity of underage drinking laws, and enhancing awareness of personal liability in regards to adults providing alcohol to underage drinkers. NOW, THEREFORE in consideration of the mutual covenants in this Agreement, the participating local governments, authorized by appropriate actions of their governing bodies and pursuant to the terms of Texas Government Code, Section 791.001 et seq., hereby agree as follows: 1. Purpose. The purpose of this Agreement is to provide a framework by which the Parties will achieve their stated goal of increasing enforcement and awareness activities with regard to underage drinking. 2. Scope of Services. The City will provide WOISD funding in the amount of $2,000 and WOISD will use the funds to carry out activities associated with achieving the stated goal. A WOISD representative will be required to attend monthly meetings and report the progress of the initiative. Receipts for expenditures using the provided funds shall be kept and submitted back to the City. 3. Implementation The Parties, and their designees, are authorized and directed to take all steps necessary or convenient to implement this Agreement. 4. Warranty. The Agreement has been officially authorized by the governing body of each Party, and each signatory to this Agreement guarantees and warrants that the signatory has full authority to execute this Agreement and to legally bind their respective Party to this Agreement. 5. Expending Funds. Each Party which performs services under this Agreement will do so with funds available from current revenues of the Party. No Party shall have any liability for the failure to expend funds to provide aid under this Agreement. 6. Term of Agreement a This Agreement shall become effective as to each Party when approved and executed by that Party b. Once approved by all Parties, the term of this agreement will expire upon 90 days written notice of either party. c Termination of participation in this Agreement by any Party does not affect the continued operation of this Agreement between and among the remaining Parties and this Agreement shall continue in force and remain binding on the remaining Parties. 7. Oral and Written Agreements. All oral or written agreements between the parties relating to the subject matter of this Agreement, which were developed prior to the execution of this Agreement, have been reduced to writing and are contained in this Agreement 8. Entire Agreement. This Agreement, including Attachments, represents the entire Agreement between the Parties and supersedes any and all prior agreements between the parties, whether written or oral, relating to the subject of this agreement. 9. Interlocal Cooperation Act. The Parties agree that activities contemplated by this Agreement are "governmental functions and services" and that the Parties are "local governments" as that term is defined in the lnterlocal Cooperation Act. 10. Severability. If any provision of this Agreement is held invalid for any reason, the invalidity does not affect other provisions of the Agreement, which can be given effect without the invalid provision. To this end the remaining provisions of this Agreement are severable and continue in full force and effect. 11 Validity and Enforceability If any current or future legal limitations affect the validity or enforceability of a provision of this Agreement, then the legal limitations are made a part of this Agreement and shall operate to amend this Agreement to the minimum extent necessary to bnng this Agreement into conformity with the requirements of the limitations, and so modified, this Agreement continue in full force and effect. 12 Not for Benefit of Third Parties This Agreement and all activities under this Agreement are solely for the benefit of the Parties and not the benefit of any third party. 13. Immunity not Waived. Nothing In this Agreement is intended, nor may it be deemed, to waive any governmental, official, or other immunity or defense of any of the Parties or their officers, employees, representatives, and agents as a result of the execution of this Agreement and the performance of the covenants contained in this Agreement 14. CiVil Liability to Third Parties. Each Responding Party will be responsible for any civil liability for its own actions under this Agreement, and will determine what level, if any, of insurance or self-insurance it should maintain for such situations. 15 No Liability of Parties to One Another. One Party may not be responsible and is not civilly liable to another for not responding, or for responding at a particular level of resources or in a particular manner. Each Party to this Agreement waives all claims 2 against the other Parties to this Agreement for compensation for any loss, damage, personal injury, or death occurring as a consequence of the performance of this Agreement, except those caused in whole or in part by the negligence of an officer, employee, or agent of another Party 16. Notices a Notices under this agreement may be delivered by mail as follows: City: City of Corpus Christi Attn: City Manager P.O. Box 9277 Corpus Christi, Texas 78469-9277 WOISD West Oso Independent School District Attn: Office of the Superintendent 5050 Rockford Drive Corpus Christi, Texas 78416 b The parties to this agreement may specify to the other party in writing. 17. Captions. Captions to provisions of this Agreement are for convenience and shall not be considered in the interpretation of the provisions. 18. Governing Law and Venue. This Agreement shall be governed by the laws of the State of Texas. Venue for an action arising under this Agreement shall be in accordance with the Texas Rules of Civil Procedure. Executed in duplicate originals this the _ day of ,2006. City of Corpus Christi West Oso Independent School District George K. Noe City Manager Dr. Crawford H. Helms, Ed.D. Superintendent Attest: Attest: Armando Chapa City Secretary NamelTitle 3 RESOLUTION AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE AN INTERLOCAL AGREEMENT WITH TEXAS A&M UNIVERSITY. CORPUS CHRISTI IN THE AMOUNT OF $5,000 FOR EUDL GRANT ACTIVITIES. EE 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 Interlacal agreement between the City of Corpus Christi and Texas A&M University- Corpus Christi to establish terms for the use of $5,000 for Enforcing Underage Drinking Laws grant activities ATTEST: THE CITY OF CORPUS CHRISTI Henry Garrett Mayor Armando Chapa City Secretary APPROVED: JUVlt' Z L ,2006. ~ (I--.. / Joseph Ha ey /( Assistant City Attorney v For City Attorney ReaoI-lntAg-lsmucc-eudl 2 Corpus Christi, Texas of I 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 RIIOI-lntAg-tamucc-eudl INTERLOCAL AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND TEXAS A&M UNIVERSITY-CORPUS CHRISTI This Interlocal Agreement is entered into by and between the City of Corpus Christi, Texas ("City") and Texas A&M University-Corpus Christi ("TAMU-CC"), collectively known as the 'Parties" Recitals The Parties recognize that an underage drinking problem exists in the impacted area. The Parties want to achieve the common goal of reducing underage drinking by increasing enforcement activities regarding the sale of alcohol to minors, increasing publicity of underage drinking laws, and enhancing awareness of personal liability in regards to adults providing alcohol to underage drinkers. NOW, THEREFORE in consideration of the mutual covenants in this Agreement, the participating local governments, authorized by appropriate actions of their governing bodies and pursuant to the terms of Texas Government Code, Section 791.001 et seq., hereby agree as follows: 1. Purpose. The purpose of this Agreement is to provide a framework by which the Parties will achieve their stated goal of increasing enforcement and awareness activities with regard to underage drinking. 2. Scope of Services. The City will provide TAMU-CC funding in the amount of $5,000 and T AMU-CC will use the funds to carry out activities associated with achieving the stated goal. A T AMU-CC representative will be required to attend monthly meetings and report the progress of the initiative. Receipts for expenditures using the provided funds shall be kept and submitted back to the City. 3. Implementation. The Parties, and their designees, are authorized and directed to take all steps necessary or convenient to implement this Agreement. 4. Warranty. The Agreement has been officially authorized by the governing body of each Party, and each signatory to this Agreement guarantees and warrants that the signatory has full authority to execute this Agreement and to legally bind their respective Party to this Agreement. 5. Expending Funds. Each Party which performs services under this Agreement will do so with funds available from current revenues of the Party. No Party shall have any liability for the failure to expend funds to provide aid under this Agreement. 6. Term of Agreement a. This Agreement shall become effective as to each Party when approved and executed by that Party. b Once approved by all Parties, the term of this agreement will expire upon 90 days written notice of either party. c Termination of participation in this Agreement by any Party does not affect the continued operation of this Agreement between and among the remaining Parties, and this Agreement shall continue in force and remain binding on the remaining Parties 7. Oral and Written Agreements. All oral or written agreements between the parties relating to the subject matter of this Agreement, which were developed prior to the execution of this Agreement, have been reduced to writing and are contained in this Agreement. 8. Entire Agreement. This Agreement, including Attachments, represents the entire Agreement between the Parties and supersedes any and all prior agreements between the parties, whether written or oral, relating to the subject of this agreement. 9. Interlocal Cooperation Act. The Parties agree that activities contemplated by this Agreement are "governmental functions and services" and that the Parties are "local governments" as that term is defined in the Interlocal Cooperation Act. 10. Severability. If any provision of this Agreement is held invalid for any reason, the invalidity does not affect other provisions of the Agreement, which can be given effect without the invalid provision. To this end the remaining provisions of this Agreement are severable and continue in full force and effect 11. Validity and Enforceability. If any current or future legal limitations affect the validity or enforceability of a provision of this Agreement, then the legal limitations are made a part of this Agreement and shall operate to amend this Agreement to the minimum extent necessary to bring this Agreement into conformity with the requirements of the limitations. and so modified, this Agreement continue in full force and effect. 12. Not for Benefit of Third Parties. This Agreement and all activities under this Agreement are solely for the benefit of the Parties and not the benefit of any third party. 13. Immunity not Waived. Nothing in this Agreement is intended, nor may it be deemed, to waive any governmental, official, or other immunity or defense of any of the Parties or their officers, employees, representatives, and agents as a result of the execution of this Agreement and the performance of the covenants contained in this Agreement. 14. Civil Liability to Third Parties. Each Responding Party will be responsible for any civil liability for its own actions under this Agreement, and will determine what level, if any, of insurance or self-insurance it should maintain for such situations. 15. No Liability of Parties to One Another. One Party may not be responsible and is not civilly liable to another for not responding, or for responding at a particular level of resources or in a particular manner. Each Party to this Agreement waives all claims 2 against the other Parties to this Agreement for compensation for any loss, damage, personal Injury, or death occurring as a consequence of the performance of this Agreement, except those caused in whole or in part by the negligence of an officer, employee, or agent of another Party, 16 Notices a Notices under this agreement may be delivered by mail as follows: City: City of Corpus Christi Attn: City Manager P,O Box 9277 Corpus Christi, Texas 78469-9277 TAMU-CC Teaxs A&M University-Corpus Christi Attn: Office of Student Affairs 6300 Ocean Dr., Unit 5792 Corpus Christi, Texas 78412-5792 b The parties to this agreement may specify to the other party in writing. 17 Captions. Captions to provisions of this Agreement are for convenience and shall not be considered in the interpretation of the provisions. 18. Governing Law and Venue. This Agreement shall be governed by the laws of the State of Texas. Venue for an action arising under this Agreement shall be in accordance with the Texas Rules of Civil Procedure. Executed in duplicate originals this the _. day of ,2006. City of Corpus Christi Texas A&M University-Corpus Christi George K. Noe City Manager Dr. Harvey Knull Associate Vice-President for Research Attest: Attest: Armando Chapa City Secretary Name/Title 3 RESOLUTION AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE. TO EXECUTE AN INTERLOCAL AGREEMENT WITH THE COUNCIL ON ALCOHOL AND DRUG ABUSE IN THE AMOUNT OF $9.256 FOR EUDL GRANT ACTIVITIES. 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 intertocal agreement between the City of Corpus Christi and the Council on Alcohol and Drug Abuse to establish terms for the use of $9,256 for Enforcing Underage Drinking Laws grant activities. ATTEST: THE CITY OF CORPUS CHRISTI Henry Garrett Mayor Armando Chapa City Secretary APPROVED: \: J 40ll ~~ L.-L, 2006. v / / Joseph H mey Assistant City Attome For City Attorney Reeol-lntAg-cbcda-eudl 2 Corpus Christi t Texas of ,2006 The above resolution was passed by the follO'Ning vote: Henry Garrett Brent Chesney John E. Marez Melody Cooper Jerry Garcia Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott R 8801-lntAg-cbcda-eudl INTERLOCAL AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND THE COUNCIL ON ALCOHOL AND DRUG ABUSE-COASTAL BEND This Interlocal Agreement is entered into by and between the City of Corpus Christi, Texas ("City") and The Council on Alcohol and Drug Abuse-Coastal Bend ("CBCDA"), collectively known as the "Parties" Recitals The Parties recognize that an underage drinking problem exists in the impacted area. The Parties want to achieve the common goal of reducing underage drinking by increasing enforcement activities regarding the sale of alcohol to minors, increasing publicity of underage drinking laws, and enhancing awareness of personal liability in regards to adults providing alcohol to underage drinkers. NOW, THEREFORE in consideration of the mutual covenants in this Agreement, the participating local governments, authorized by appropriate actions of their governing bodies and pursuant to the terms of Texas Government Code, Section 791.001 et seq., hereby agree as follows 1. Purpose. The purpose of this Agreement is to provide a framework by which the Parties will achieve their stated goal of increasing enforcement and awareness activities with regard to underage drinking. 2. Scope of Services. The City will provide CBCDA funding in the amount of $9,256 and CBCDA will use the funds to carry out activities associated with achieving the stated goal. A CBCDA representative will be required to attend monthly meetings and report the progress of the initiative. Receipts for expenditures using the provided funds shall be kept and submitted back to the City. 3. Implementation. The Parties, and their designees, are authorized and directed to take all steps necessary or convenient to implement this Agreement. 4. Warranty. The Agreement has been officially authorized by the governing body of each Party, and each signatory to this Agreement guarantees and warrants that the signatory has full authority to execute this Agreement and to legally bind their respective Party to this Agreement 5. Expending Funds. Each Party which performs services under this Agreement will do so with funds available from current revenues of the Party. No Party shall have any liability for the failure to expend funds to provide aid under this Agreement. 6. Term of Agreement. a. This Agreement shall become effective as to each Party when approved and executed by that Party. b Once approved by all Parties, the term of this agreement will expire upon 90 days written notice of either party. c Termination of partiCipation in this Agreement by any Party does not affect the continued operation of this Agreement between and among the remaining Parties. and this Agreement shall continue in force and remain binding on the remaining Parties. 7. Oral and Written Agreements. All oral or written agreements between the parties relating to the subject matter of this Agreement, which were developed prior to the execution of this Agreement, have been reduced to writing and are contained in this Agreement 8. Entire Agreement. This Agreement, including Attachments, represents the entire Agreement between the Parties and supersedes any and all prior agreements between the parties, whether written or oral, relating to the subject of this agreement. 9. lnterlocal Cooperation Act The Parties agree that activities contemplated by this Agreement are "governmental functions and services" and that the Parties are "local governments" as that term is defined in the Interlocal Cooperation Act. 10. Severability. If any provision of this Agreement is held invalid for any reason, the invalidity does not affect other provisions of the Agreement, which can be given effect without the invalid provision. To this end the remaining provisions of this Agreement are severable and continue in full force and effect. 11 Validity and Enforceability If any current or future legal limitations affect the validity or enforceability of a provision of this Agreement, then the legal limitations are made a part of this Agreement and shall operate to amend this Agreement to the minimum extent necessary to bring this Agreement into conformity with the requirements of the limitations, and so modified, this Agreement continue in full force and effect. 12. Not for Benefit of Third Parties This Agreement and all activities under this Agreement are solely for the benefit of the Parties and not the benefit of any third party. 13. Immunity not Waived. Nothing in this Agreement is intended, nor may it be deemed, to waive any governmental, official, or other immunity or defense of any of the Parties or their officers. employees, representatives, and agents as a result of the execution of this Agreement and the performance of the covenants contained in this Agreement 14. CiVil Liability to Third Parties. Each Responding Party will be responsible for any civil liability for its own actions under this Agreement, and will determine what level, if any, of insurance or self-insurance it should maintain for such situations. 15. No liability of Parties to One Another. One Party may not be responsible and is not civilly liable to another for not responding, or for responding at a particular level of resources or in a particular manner Each Party to this Agreement waives all claims 2 against the other Parties to this Agreement for compensation for any loss, damage, personal injury, or death occurring as a consequence of the performance of this Agreement except those caused In whole or in part by the negligence of an officer, employee, or agent of another Party. 16 Notices. a Notices under this agreement may be delivered by mail as follows: City: City of Corpus Christ, Attn: City Manager P.O. Box 9277 Corpus Christi, Texas 78469-9277 CBCDA Council on Alcohol and Drug Abuse-Coastal Bend Attn: Executive Director 1801 So. Alameda, Ste. 150 Corpus Christi, Texas 78404 b The parties to this agreement may specify to the other party in writing. 17 Captions. Captions to provisions of this Agreement are for convenience and shall not be considered in the interpretation of the provisions. 18. Governing Law and Venue. This Agreement shall be governed by the laws of the State of Texas. Venue for an action arising under this Agreement shall be in accordance with the Texas Rules of Civil Procedure. Executed in duplicate originals this the _ day of ,2006. City of Corpus Christi Council on Alcohol and Drug Abuse-CB Dee Ogle, MA, M.Ed., Ph.D.(ABD) Executive Director George K. Noe City Manager Attest: Attest: NamefTitle Armando Chapa City Secretary 3 30 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 06127106 AGENDA ITEM: Resolution approving the FY 2rn3107 budget for the Corpus Christi Crime Control and Prevention District ISSUE: Provisions of the local Government Code section 363.204 require that the governing body of the political subdivision that created the Crime Control and Prevention District shall hOld a public hearing on the proposed annual budget to receive public comment and approve or reject the budget submitted by the Board of Directors of the Corpus Christi Crime Control and Prevention District. BACKGROUND INFORMATION: The voters on November 4, 1997 established the Crime Control and Prevention District for 5 years beginning April 1, 1998. The voters renewed the District on November 6, 2002. This continues the 1 Iff' -cent sales tax to fund the District and provide additional funds to enhance law enforcement efforts in the City of Corpus Christi. The Crime Control and Prevention District held a public hearing on May 2, 2006 and the Board adopted the budget on May 2, 2006. The City Council held a public hearing on June 13, 2006 in accordance with notice and all other procedures required by law. The budget must now be submitted to the City Council for approval. REQUIRED COUNCIL ACTION: Approval of the FY 2006/07 budget. PREVIOUS COUNCIL ACTION: Public hearing held on June 13, 2006. CONCLUSION AND RECOMMENDATION: Staff recommends approval of the budget. ti~ Acting Chief of Police Attachments: Adopted budget City of Corpus Christi Crime Control & Prevention District FY-2004/2005 Actual Year End Numbers FY-2005/2006 Year End Estimates FY-2006/2007 Proposed Budget Crime Control & Prevention District _.u _____.__~~~..~~_~___.._~_ FY -2004/~Q05 A~ucll Reve!'ue & Expenditure Numbers FY-2005/2006 Yea~ EI1~~.,.v~m,.le &Expen!!tt~re EstlrTlates FY -2006/2007 Proposed Budget Actual Amended Estimated Propos~~ 2004-2005 2005-2006 2005-2006 2006-2007 Beginning Balance, 2,109,897 2,126,316 2,126,316 Revenues Sales Tax ----..'--.. -- Interest on Investments ___ ...._...._..___... __..._......M__... __________ Net Inc./Dec. In FV of Investm -~--- .-.._-----,-------- - ~-_._- Interest Earned-Interfund _____,___._.___~__~__.. ______n_____ ~_~Ie of Scrap/City _~r()jlerty Miseenaneous Total Current Revenues Total FundsAvailablei _HExpenditlJr~s _ Police Officer Costs ---_......_--~-- ~lJ~ort ~ersonnel P~wn-.!hop De~jL PJIDT/A~~rechnical Support __ ~ublic Safety VE~hicles & Eq!ljp. Election Costs --.--.' ..._._-----~_._.~.__._...- Juvenile Assessment Center -_.._-~-_.,.--~-_.._--_._.__. -.---.......--- ~itlzens~dvlsory Council Juvenll!_City~~rs,!clls__ R~,!e!or ~a}'_inc!!~ses Total Expenditures I -- ---- -- ------j 4-,2~ ~,~06 I 42,477 . (1,250): _ 1,1~~_ 6,413 7 4,264,235 6,374,133 - I 4-,~f!~,~Q5_ !_ 51,560 ' 4,335,04~ 51,560 2,078,398 ----------.-. 4,623,143 62,352 t--- --- - 4,386,605 6,512,921 4,518,365 6-,~,~80 - . .---i----~-+--- --- 3-,5~~~990 1_ },805,437 ~ 3,722,488 58,330 I _ i (963'>t 126,997i 1 ()3)84 -106;~fo21 __ ___ ____.__..~-.-.--.------+- ----------t 109,986 i 111,163' --.--------+ .. -- - 32~~~m 3~~~} I . _ 34~::~: 124,~Q~ . 134,601 151,782 7,055 7,055 4,6~2,268--J_.4,5~6,-~82 I !08,236 1_19,850 .~Q~,OOQ 4,247,817 t I Ending Balance 1 2,126,3161 1,if60,653 2,078,398 Surplus I (DefiCit). (265,663~ 4,685,495 6,763,893 3,805,239 ------ 166,137 56,603 120,000 354,528 10,000 149,283 94,259 4,756,050 2,007,843 (70,555) Crime Control & Prevention District - -- - - - ------~_.- .~._--_.~~---- Police Officer Costs/11711 --~ .--.--..,,-.....-.....---- ------..-- -- Expenditure Budget 20~~~~~~5 ' ~'R;Wo~~-' ~6~t;~~ I ~~:~~~~ ~. L I Salar!es & Wages Overtime ()tht}-=- Pay Retirement Gr~lIP insurance benefits CI~th!n9 Fuel & lubricants --....-- ~- EoocLand foo~ ~'::Ip.pli~~ ~!lo!. tools_&.~q'::llPmEmt Minor c5>.I11Pu!f!r equipment Office s'::lpplies Professional services - --- ~---- Vehicle .Iepairs f!l1eC!ge reif!l~'::Irst}ment !=~ipm~nt maintf!!1.ance Membe~s~.lps &_~'::Ies Sworn e_n1ploye!:df!I1~C!1 in~lIr,!nce Self insurance allocation Total Costs 2,092,815 I 2,189,976 -- j ---.--.. - 1~~,666, 22~,8Q~, 119,093 I 175,437 495~332.' 561~125-1 ~---- -------- ---------- 325,451 357,996 ~---_..._-_.._- . ---.------ 25,~40 . _~~,QQQ , 64!~78 55,Q.Q.Q ; 142 150 ------------ .. 1,3~33,1~Q 36 1,390 13 _l8~L 651 55 . 3,!! !OO 161,088 3,514,990 S.c:hed_~le OfPoli.c:~ 2!ficer DeploYRlent: Untversal Hiring Program 10 -~._-_._-_._- Additional Officers - July 1999 10 ------ - --. -.. - ---- ~ddlti~nal Office,"! . February 20.0.0. 5 Additiona~Officers -_~~~2G~G 15 Ad~tional OffIcers - ApriI2G02_ 10 Total Police Officers 50 Positions: Pollee Officers 2004-05 50 1,000 --L 40,300j _40,300 I 166,920' 166,920 3,~05,~~!1 3,722,488 1,000 i ----I 800 ' _.._~.- , 750 - _ --- -r- ----- 2!1.-...~..!,499...~..2... ,..1.. 40,092. 2Q4,858_ _ _ 211 ,OO-!. ~~7,171 . 172,186 537,589 546,038 -357,996-r 393,796 25,800 i 28,000 ~2,699[_ 90,000 192 . 150 ---I 1,429 I 1,600 ---I 3,636 I 2,500 500 ~_ 500 500 , 500 _400 I _ 400 1,000 37,200 180,274 3,805,239 I =~=--L-=== i - --r---- - ------,-.-- 2006-07 50 Crime Control & Prevention District ---- -------- _..__._--_._~~--~._---~~-_.- Support f>>~!S0f!!1~1I11712 Expenditure Budget , i- t- ~ ------- 20~~~6~5\:0~~~~~1+~~~i;;~~~t :~~:~~~~ ! Total Costs 34,242 1,012 27 · 7,139 9,719 6,192 58,330 I 1- I Sala~Et! & Wages Overtime Oth~I-!IY Retirement Group. in~~ranc.! benefits Self insurance allocation -----r----.--~-~ Positions: -~.'-'-- Functional Analyst 2004-05 1 Total Positions 1 - --. 2005-06 o o u - ---------r 2006-07 o o Crime Control & Prevention District .' ~._~____._m_ Pawn ShopJ:>~taiI/11713 Expendi!ure Budget Actual Amended Estimated Proposed 2004-2005 2005~2006- 2005:2006 t 2006-200"- ~~~Iaries & Wages (806) 80,439 -r 99,03~ 78~!S~ I Overtime 1,924 1 '~;~-J= 1 ,1 00 Other p~y --- 869 500 Retirement (158) 17,711 17,272 21,778 - ----- ----- _G_~oup i~surance benefits 17,600 Chemic_~lIho_LJseho!d sJlPp. 554 Books &J)~_rio~i_cals 501fj ---- --"---'--- Mln~r !ool~_ ~_ eqljipmerat 4,500 : 500 500 ---~~-i Mln(!r c~ITIPLJ!erJ!<I!!ip!"ent 7,500 i 4,000 4,000 ------- t Minor ~ffi~~~quipf!1ent 5,000 i 2,000 2,000 --i Offi~e Suppl!~s 5,QQQ~~ 2,000 2,000 Professional services 1 , ~P~_j 1,500 1,500 - -,',.'------ Postage & ~~!~!is~harges 250 250 -- F>>!intin9i'(j_Y~!li~in9 & PR 500 I 250 250 e~n!i nSLol.!!~ide_print~hops --- -1 500 500 500 ! Self Insurance allocation 15,120 Total Costs (963) 126,997 108,236 166,137 _u.__.__._____ Positions: -- - Man~gem~!1tAssis!ant Senior Staff Assistant - - --.....--- Total Positions , 2004-05 o o o 2005-06 1 3 4 2006-07 1 _.,--- 3 4 Crime Control & Prevention District _.-.-_......___ - ________ __ ____.______.__...____n....'._ MDT/AVL Technical~~pp~rt 111714 Expenditure Budget ~alaries & Wages Overtime Otheryar Retirement Grou ~ hlslJ,"-ance_tlenef!ts Selt insurance allocation -- -- Total Costs Positions: ------- --- - Func::!ion~1 Al!al~st TEt~hnica! SPEtE}~lis~ _ Total Positions I i Actual i Amended I Estimated I Proposed 2004"-2005!2005-2006T2605-2()06J2006-~007 I 2004-05 1 1 2 75,269 . 1,600 884 --- I 16,~~7 ! ,!,804 J 6,687 ! 106,102 '~i:'~.I' '''''"',:~.._'' _,'%i~~-'-2'ih"~~.' ~o ,,{;,'.'Ti!NWO..,OQ~~"4IO~~(. 77-,141 I 4,639 I I 1j,~79 I 4,804 i 6,687 110,850 36,176 5,217 8,957 2,642 3,611 56,603 29~f-Q~+ 200~-07 ____.1 ---~- 1 ' 1 2 1 .....":_~~-==~ Crime Control & Prevention District -- ..-------- ------- Public Safety Ve~~c:~l~s &l;q,!ipment/11717 Expenditure Budget ----_..__._~- Actual . Amended Estimated Proposed ~-~.. j ~ -~- 2004-2005 i 2005-2006 2005-2006 2006-2007 Vehicles & machinery Other equipment Total Costs 1 0~,690. 111 ,163 3,296 109,986 111,163 109,000 109,000 F'!-2002/0~-7 replace!!!~11.t'!f!flic/es FY-2003104-radios & MDTIA VLS -----------. ---- ..-------- F'(-?004105:5 replacement ve!!ic/es FY-2005106-5 replacement vehicles __...'illt1i11__ltIJl$tWm- FY-2l!p7!~~-5 ree/acement vehicles ___ ____ _m I ________-----+-______ Vehic:!es reduced by board action of meeting on 03117/04. Crime Control & Prevention District ----- -- -- -..-.- ._.~-- Election Costs/49001 -- --------------.-- Expenditu~e Budget . I ~ !n ._nn Actual.. Amended Estimated Proposed . 2004-200~J2005-2006 ,2005:200612006-2007 Professional Services Total Costs 120,000 120,000 ,--- I I I i I I I i I I ! , Crime Control & Prevention District Juvenile Assessment Center/49002 Expenditure Budget _~a_laries & Wages Overtime Retirement ~roup insurance benefits . Minor co.!"p.lJ~ter equipment ~f!ice supplies Maintenance & repairs Profess-ional s-ervlces _.~... --- ------ .! e.!'1p~ra!y services ~ost~e .~ express cha~ges Rentals ~ilea.ge reif!1t>ursement . Telephol!e/!~!~grap~ service Buildin.9 maintenance & serv. --.. - ---- Tralni~9-gel'1e!!I~ PrlntLng adve_r:!it;ll'1~& PR ~rinti!lg outside print s.hops Travel Self insurance allocation Total Costs Positions: ~~k~lnvestigative Specialist ~_rog~~rn~M~nag~ Juvenile A~_ses~me!'_t Center Supt. Cas~~IVI~nager _ Administrative Assistant - - ~- Total Positions . ._.[mn ~ Actual Amended, Estimated Proposed 2004-2005 2005-20061200512006 2006-2007 193,292 2,060 39,~80 , 21,137 34 1,234 81 2,268 5,~~~ , 35,738 2,557 . 4,216 100 235 20,448 , 328,210 2004-05 2.6 o 1 2 1 6.6 200,506 1,295 . 43,750 . 23,250 1,500 100 . ______ I 400 2,700 - ---~..._, 45,056 2,600 4,000 750 500 750 150 1,520 22,084 350,911 -- -_._-~_._-- 197,3~7 ~9_8~!77 2,672~ 2, 7Q~ 4~,859_~4~_,600 23,250: 25,575 ---.- -- --r- -- ----------------- 1~~00 1=-'c~~0 -~_!~t 100 400 i 400 m--tn__~ -- -------. .._~+--._----_.- 2,700 i 4_5,056 I 2,600 i 3,750 ; ---I.. 750 I 750 -------+-- .- 500 i 500 _.__..:.....j...~--- 750 I 750 ".-------+------ 150 ! 150 1,520 1,520 22,084 23,851 34!-,-~98 354,5~!.. 2,700 45,056 2,600 4,000 2005-06 2.6 1 1 -~--" 1 1 6.6 2006-07 2.6 1 --~--- 1 1 ---_..."---~ 1 6.6 I I Crime Control & Prevention District -- ----------..----.---.--- Citizens Advisol)'_~~uncilJ49008 Expenditure ~udget Actual lAmended Estimated 1 Proposed 2004-200si200S=2006 2005/2006 T 2006-2007 Mi~or cOI1'lPuter equipment MiJtntenance & re_pairs Professional services _. ..--- -------.-.--.....-- ---- Printing advertisinQ& ~R Total Costs, L 2,522 2,261 2,500 1,295 8,578 i , 2,003 4,000 4,000 10,003 1,670 3,300 1,405 2,500 8,874 2,000 4,000 4,000 10,000 Crime Control & Prevention District _._ _____'_.____...m ____________ Juvenile City Mar!ihals/49010 Expenditure Budget ActuCiL _ Amended Estimated PrE~ose_d_ 2004-2005 2005-2006 2005-2006 2006-2007 S~laries & Wages Overtime Retirement Gro~ insurance benefit Self insurance allocation Totals Positions: D~p",-ty City Marshal ~"- 73,945 20,665 , 19~658 ' 2,894 7,740 124,902 2004-05 3 95,983 5,150 21,926 3,183 8,359 ! 134,601 112,174 i 3,498-' 24,568 3,183 8,359 1~1,782 i-- 108,925 ------.----.--- 3,500 - ------ ----- 24,329 -_.._-------~----- 3,501 9,028 149,283 2005-06 2006-07 3 3 Crime Control & Prevention District -- - - Reserve for Comp/Merit Pay/80004 Expenditure Budget Reserve appropriation Sw()!~coll~ctiv_e bargaining-3% Civilian increase-3% Amended Amended I:~~imated Proposed 2004-2005 2005-2006 2005-2006 2006-2007 Totals 7,055 7,055 . 7,055 7,055 I I \u i 94,259-[_ 94,259 . - - -=+- ~ I 78,()96 JCurrent police contract expires on 7-31-2006. 16,163 i for anticipated city empl~}'ee in~relise 94,259 . RESOLUTION APPROVING THE FY 2006-2007 BUDGET FOR THE CORPUS CHRISTI CRIME CONTROL AND PREVENTION DISTRICT. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the FY 2006-2007 budget for the Corpus Christi Crime Control and Prevention District is approved ATTEST: THE CITY OF CORPUS CHRISTI Henry Garrett Mayor Armando Chapa City Secretary APPROVED: t J (.11 .. (. L L, 2006. v '1'^ (~ Joseph H ey Assistant ity Attorney 0 F or City Attorney RetoI-CCD-budget 2 Corpus ChristL Texas of I 2006 The above resolution was passed by the following vote: Henry Garrett Brent Chesney John E. Marez Melody Cooper Jerry Garcia BUf Kelly Rex A. Kinnison Jesse Noyola Mark Scott Resol-CC D-budget 31 AGENDA MEMORANDUM SUBJECT: Sale of City Surplus Properties June 27. 2006 AGENDA ITEM: A. Ordinance declaring eighteen City-owned properties (listed in Exhibit C) as surplus property, which include one developed residential property located at 3705 Topeka Street and seventeen vacant tracts of land, nine of which are irregular in shape and not suitable for building. B. Ordinance authorizing the sale of eighteen surplus properties (listed in Exhibit C) consisting of one residential property located at 3705 Topeka Street, eight developable tracts which will be sold individually to the public by sealed bid, and nine irregularly-shaped properties which will be sold to the adjacent landowners in exchange for their perpetual maintenance and care of the property; and authorizing the City Manager or his designee to execute the necessary deeds for all nineteen surplus properties to be sold and conveyed. ISSUE: The City owns eighteen tracts of land that were acquired for various purposes. The majority of these tracts were acquired for street projects and are remainders that are of irregular shape and size. Nine of the tracts will be sold by sealed bid to the public. The City would like to sell and dispose of all these tracts in order to eliminate maintenance responsibilities and expense. There is no interest expressed by City departments for use ofthese tracts. Council approval is required to declare these properties as surplus and to approve their sale and disposition REQUIRED COUNCIL ACTION: Passage of the ordinances as submitted. FUNDING: No funding is required for this ordinance. RECOMMENDATION: Approval of the ordinances as presented. Attachments: ./ ;.~ ~ ~o/"6 t Angel R. Escobar, P. E. Director of Engineering Services Exhibit A. Exhibit B. Exhibit C. Background Information Location Maps (18) List of Surplus Property H:\HOME\EUSEBIOG\GEN\Agenda ItemslSale of Surplus Property\Agenda Memorandum Surplus Property. doc BACKGROUND INFORMATION SUBJECT: Sale of City Surplus Properties June 27. 2006 BACKGROUND: The City currently holds eighteen properties, listed in Exhibit C, which are not needed for any specific purpose. These properties consist of eight developable tracts, nine irregularly- shaped properties, and one residential property located at 3705 Topeka Street. These properties were acquired over several years for various City projects. The developable tracts were acquired by a various means including tax sale auctions, private dedication, excess Navy Clear Zone land and other land acquisitions for certain public projects that have since been abandoned. The nine irregularly-shaped properties consist of mainly remainders from past street projects. The adjoining property owners have shown willingness to accept these properties. In 1955, the City purchased two lots on Alameda Street for extension of Brawner Parkway unto Alameda Street. In 1964, a property behind Alameda on Topeka Street was also purchased for this same project. In September 2002, the City sold off the two lots on Alameda as surplus property. This remaining property, 3705 Topeka, was used a rental unit until 2002. The property is vacant and is in need of major repairs. City Land Acquisition staff sent a notice to all departments informing them of the intent to sell and dispose of these properties. Of the original nineteen properties, one was kept by Neighborhood Services to be utilized in their In-Field Housing Program. The remaining eighteen properties require monthly mowing and maintenance and are being considered for declaration as surplus and then disposal. It is proposed to sell the eight developable tracts by sealed bid to the public. A minimum bid of $100.00 will be set. The property at 3705 Topeka will also be sold by sealed bid to the public setting a minimum bid of $35,000. The nine irregularly-shaped tracts will be conveyed to the adjacent land owners in exchange for their perpetual maintenance and care of the property PRIOR COUNCIL ACTION: 1. AUQust 21, 1990 - Authorizing the sale by the law firm of Calamne, Linebarger, and Graham of fourteen (14) Tax Sale properties which have or will extend beyond the two year redemption period offiscal year 1990-1991 with opening bids of twenty-five percent of the judgment amount or $1 00, whichever is greater, and releasing all liens and judgments to provide free and clear title. (Resolution No. 20965) 2. November 14, 1995- Authorizing the City Manager or his designee to sell portions of Brennan Addition, including Lots 5, 6, 7,8, 9, and 10 and the portions of Lots EXHIBIT A 1 of 3 15, 16, 17,18, 19, and 20, south of the drainage ditch, Block 4 (Tract B). (Motion #M95-328). 3. September 9,2002- a. Ordinance vacating and abandoning a 5,021.46 square foot portion of a 40-foot wide unimproved street right-of-way out of Lots 35 and 36, Block 817, Port Aransas Cliffs Addition, adjacent to the Alameda Street right-of-way so that the tract of land can be sold as surplus property; and declaring an emergency. Ord.025012 b. Ordinance approving the sale of surplus property consisting of 5,021.46 square feet out of a 40-foot wide unimproved street right-of-way from Lots 35 and 36, Block 817, Port Aransas Cliffs Addition, and authorizing the City Manager or his designee to execute a Real Estate Sales Contract with the adjacent property owner, Dr. James A. Ayers, for the fair market value of $18,250; and declaring an emergency. Ord.025013 4. December 10, 2002 - Ordinance approving the sale of surplus houses to be moved and authorizing the City Manager or his designee to execute an Earnest Money Contract and Bill of Sale for all surplus houses available to be sold by sealed bid in connection with the McArdle Road Street Improvement Project, Phase 3 (#6146), Bond Issue 2000, RFQ #C-6 and declaring an emergency. Ord. 025125 5. February 11. 2003 - Ordinance approving the sale of surplus property consisting of 2,249.64 square feet (0.052 ac.) of vacant land out of Lot 11, Section 48, Flour Bluff and Encinal Farm and Garden Tracts located west of the Compton Road and First National Boulevard intersection in Flour Bluff and authorizing the City Manager or his designee to execute a Special Warranty Deed to the adjacent property owner, CCSemloh Partnership, Ltd., for the market value of $500, and declaring an emergency. Ord. 025186 6 January 18, 2005 - Ordinance approving the sale of surplus property for the market value of $4,800, consisting of 2,226.6 square feet (0.051 ac.) of vacant land consisting of the remainder of Lot 2, Block 2, Brayton Addition, located at the northwest corner of Carancahua St. and Agnes St. and authorizing the City Manager or his designee to execute a Real Estate Sales Contract and Special Warranty Deed to the adjacent property owner, A.G. Edwards Development, Ltd., L.P., and declaring an emergency. Ord.026108 7. Auqust 30, 2005 - a. Ordinance declaring a City owned vacant lot described as Lot 1, Block 121, Beach Portion Addition as surplus property which is located west of Sam Rankin Street and south of Hughes Street, and declaring an emergency. Ord. 026419 b. Ordinance authorizing the City Manager or his designee to execute a Real Estate Sales Contract with the Port of Corpus Christi Authority for the sale of City surplus property described as Lot 1, Block 121, Beach Portion Addition and to execute a Special Warranty Deed for the conveyance of this lot, as permitted by the Texas Local Government Code 272.001 (b)(5), in connection with the Port's Southside Military Rail Yard project, and declaring an emergency. Ord.026420 8. February 21, 2006 - a. 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 EXHIBIT A 20f3 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). Ord. 026665 b. 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 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. Ord. 026666 8, February 21, 2006- a. 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). Ord. 026662 b. 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. Ord. 026663 FUTURE COUNCIL ACTION: None H:\HOMEIDavidAGIGENIAGENDA MEMOIBackground Info Surplus property,doc EXHIBIT A 30f3 Hl ,~"/ ," ~ I i I - ] -r-- f, - (1 l=-I L ._._ 1:: , -J-- ...t- -i 1 I, PARCEL LOCA TION I J I) \ i\GtiESc= - Ff-r "'--. ~ .J;. MORGAN fJ' -- jl~;~' / u I'J?>l/ . " ; ~\- f' <( ( ~) '> .1 e -1 "/()~) ~ j- 'V( f 7iJi/ ;> / " : ~ / /~/. - ~'.,'.'.''i ,:S-!-~ :- (, l,{j" c' AI?, '- ~ / /' 'I. ')~. \ '<. -'~'-'()!.r / ~ ~ N LOCA TION MAP NOT TO SCALE ._ i ..J.J \ SUBJECT PARCEL VICINITY MAP NOT TO SCALE 2929 BLAKE ST BLAKE SUBD. N. PORT., OF 10 5,398 SF CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI. TEXAS OEPARTMfHT OF, fHG/NEmING SERVICES PA.: 1 of 18 DATE: 06-06-2006 I ~ \Mpr .'t-: C'_'Un:,iit''t''liD,rS '~hsu"pp,"_pdr't; 11[1- I l ./) / / \ . \ LOCA TION MAP Nor TO SCALE ) .J .I')r f-6;7~ / ~f"< .f',>- " >.... / "'" "~ )"" IN / .I <' !' / . 1,". j , / / . / '7(;;~/ ./ . 1/. ;</ ~~:~C~.(1/f/;\" / / /'~ II / "~ "</ / <'( /' . <,// / / /~'<,~/ / , --<: /;/ ''---/ / / /"""'_,,- --0 > (/1// / ...//n-- 1< j' .' ~.j I VICINITY MAP NOT TO SCALE ~ QJ b o ~ 3114 EBONY ST BAVlfOOR ADDITION, PORT. OF LOTS 237 & 238-1,095 SF CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI. TEXAS DfPARTMENT OF ENGINEERING SER\I1CES PAG&: 2 of 18 DATE: 06 06 2006 ~ N ~ N ~ =" - ~_ _I::! --- -- --- ! ,Ie \M r e. r \counCI,exhltllts,exhsurppro cj",- 'v~-- ',~,l Chon ~- r;~i PARCEL LOCA TION ~ N LOCA TION MAP Nor TO SCALE lJjL 1~'lJ9 ~~ V ~ ~ t)A~(~ \ 1\=C[rl ~ [-J Iff IJlITIJ \01 -~ -"~ ~. ~! . . IJT-rlTI~ g (l , ..L JL - !:; \]\ ..---r-I rA~Y s7rTmrr:nI~~~ & II ., -I, +rti.l J1t:: _~ 2=1 SUBJECT PARCEL VICINITY MAP Nor TO SCALE 521 EIGHTEENTH & MARY ST PORTION OF LOT 38 JASMIN ADDN. 2,250 SF CITY COUNCIL EXHIBIT ~ CITY OF CORPUS CHRISTI, TEXAS . DEPARTMENT OF ENGINEERING SERVICES PAUE: 3 of 18" =r = DATE: 06-06-2006 ~~ ,.IH,A,-r ''''H:~ -; ,Mr ' \, ,),,-',~.!e)a1101(5 exlJsurpp, Cp.d...) )! ; I '__ _~i \ ~\) > \/~(;NE~f' l)f--~- J84t%i'l_j MORdAN \ . \ /1;;1/ / . \ / /1 ~ /. \/ 1/ / ~ A,:J/\. \ .' . /,' / c) l \ ~ ~<d~~j \~G >~~ ~~ ,~{. / / .~ "'. \~ \ ,~~?~~~:}~;;>! -.\ \ . LOCATION MAP 1 l i i \ i EJf ~,.i!! ~\ <1' 1 zi 0:: i=' <t\ ( ') I PARCEL LOCATION NOT TO SCALE 0- '- " .,,--'1-., 'j NOT TO SCALE 1402 NINETEENTH ST BAY TERRACE 2, PORT. OF BLK 1601, LT2 1,960 SF CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISn, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 40f18 DATE: 06 06 2006 ~ N ~ -- - - - - W-~ ,~r1p: Jt" L (':u:~,t.'IL,.ts ~~'xt;'Su(ppr)D,O~\) s';~-- --_"Pi ~ N PARCEL LOCA nON -', "--~"---\::.' -" " !..J'I,_ "'"-TO LOCA TION MAP NOT TO SCALE G \'0 ~1 SUBJECT PARCEL c: .-/1 ~ I VICINITY MAP NOT TO SCALE 917 PARKER'S ALLEY PARKER'S ADDN., PORT. OF BLK D, L T 1 2,250 SF CITY COUNCIL EXHIBIT ~ CITY OF .CORPUS c. HRISTI. TEXAS . DEPARTMENT OF ENGINEERING SERVICES PAG&: 5 of 18 ='" = - - DAT~ 06-06-2006 ~ ~ N PARCEL LOCA TlON C 1:::, ,1,,{"!S;....'.<..-iJ;' ...... n ----.."'- " '). J''''i'' . . Ci}. ~~J?fl;'----- - / /~ ~,~ I~ IH3 /& ./.~ ..~ ;'~=ilH4 ~ J~:-~ )H~i~ LOCA TION MAP Nor TO SCALE y:)1 SUBJECT '\ PARCEL ( /1~ I VICINITY MAP NOT TO SCALE 920 PARKER'S ALLEY PAItIfER'S ADDN., PORT. OF BLK C, L T 16 3,743 SF CITY COUNCIL EXHIBIT ~ CITY OF CORPUS CHRISTI, TEXAS OEPARTMENT OF ENGINEERING SERVICES PAGE: 80f18 - - - - DATE: 06 06 2006 ~ EJlHIBlr-S- _I!- .i ~ r i:::' L. f-'J t-'" ~ ~ i!', iSl vo, I ~ rj,~ ~ N ~'J-- Vi' '~r' :::" ?/If..^ " ~ '. ~ :=~'L/ ~",.. Ol~==__-: ~ '" <>0 ~ PARCEL LOCA TION cOP/JUS T/ II I ~. LOCA TION MAP Nor TO SCALE I I SUBJECT PARCEL. --~--'" T> ~tJ ". " r= w . ~,., / / ( i '; / (, I / / ('J ;1::2./ ? / . ~~~/ d7~JIj / <~~f:~~l!t$g/ VICINITY MAP NOT TO SCALE 500 PLUM ST ROOKL YN ADDN., BLK 85, E. 1/2 OF LOTS 2 & 4-2,960 SF CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARllIENT OF ENGfNEERlNG SERYlCES PAGE: 7 of 18 DATE: 06-06-2006 (i -- - - - - ~- EJflIIBIT I(S- "1, t.l 'e.>! 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CARANCAHUA ST BRA YTON ADDN., BLK 1, PORT. of 1 2,000 SF CITY COUNCIL EXHIBIT I CITY OF CORP.U S. CHRISn, TEXAS DEPARTMENT OF ENGINEERING SERvrGES PAGE: 80f18 5F = OAT~ 06-08-2006 ~ ~- 911ISI1 "8-',- ~~ ' ",~~111,,==-=1 R - ' 11-~"'-" ~ ----~~_~__~ ________ _~.. b 0, ". '- : 8 ""'c "",i 00;;; '\ ~- r~, f H J. . i '- / ~ ! ~~r-l:=p~c--~, / LI -''''' -__j.\111~~ '-1'~,!,~:i3~5 ~ . :i'! ., ~'I --9.:[' 7( c,~~ ~ . 2 ~ COR~'iJ~ ~ 1 ) ~_ _ ,'- _' , {, is CHRiSTl' 4: ~ /( ) -.j' ~ ~ Si CD I :NlER~:Al1,(A"A ~ .' "':""._ .:::1. / \. / !j~ ~. I AlRHJR,. :, 1,(_ J .; <-, ~ [ . ~J.,;;~~(. "J)~() ~;\ "' . ~<f'o/ ~;~/~:'\ .",. . ,'I l'(~, ~ ,.}<:, .M! c, (\, 0l-nc :t'Xlioft~exl'SLi/PP cp. J"~ , ,,~ ",Oi'/ l/ ~ J>/ /N "' /// ~ N ~I (D ~ \ L ,./ \/1"~_ :=='-j \\\' \-'\);i -\ '1 \ '< . '.' lliL ..' _..~..' L-~f~~lO (.r T\.. ~ \~'-. ) --\-U.1,U-\ 0 f , ../'- ._\Vl / . '._'_] ~/I' 1 , . "..-- A_-L". -I _ \1J- ./ ~ WIUi i . I F PARK :\\f/l SOUfH HLlJF WJ=~J/ frE3L< ..' --' ,/- VJ ~ 1_-.... ~ -.-.' 2: Q :z: c: - )> VJ -i E=t~1 I~ VICINITY MAP NOT TO SCALE 424 s. TANCAHUA ST BRA YTON ADDN., BLK 11 PORT. of 8 960 SF SUBJECT PARCEL / / yMCA -------- PARCEL LOCATION CORPUS CHRiST! r LOCA TION MAP NOT TO SCALE .~ N ---. ~BO ::Q 52 CJ ~ -< \I) -i \ rTl. r- ---I II CITY COUNCIL EXHIBIT CITY OF CORPUS CHRIsn, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 9 of 11 DA TE: 06 08 2006 li -- - - - - ~~ ~Vu,ft'''' _ft. """~" f'. ~': / ...----- ~~. / .'J:;;)."" ! ,~04L '. "' c),;;;;< :, ~'=I 0", _ ~~ ... .,_,A~L,",],rrL~1-~:'~.,.'_:j.,. \ ~! . ~ =-~,'j\ i'5 . ~ WOOCfI' ~ COf<"VS ~I Ii ';.:'C'- , ~,. g CHf<lSlI, "'[' II ';\ /1 !. ,.' ? " .I":':~~;'" '! "~;~.i~J~~. ~~i ,:~ ,$-/"~/...,. .#..'~' X~ \\ #y .~ 1"" /,\:, \ II ~,JY IjtCx~,l~';(\ 't <&57 4.~,',~. .~ ,~; ~ I~ / '~./' ,J.:;/ ~~~ ,:~)" / 1/''1':/ 6~! / " :./ ",CQ",~0 ~ 'I / J C-j , _' tl--b 1/ Ij~~. . l~-----, VICINITY MAP NOT TO SCALE , ..M~ OJ';' (\(GwnCfexl1""ts exnsvrpprop .Jl'rg --;, ( , ') I~~' ,/ /J..---/ ~. . / / l' 1/< //..','1,ll'lf. ~, '1':/ ~ (:J:. " " / -0~ S;)i <z '; '0'( ;1'.) "\' . L_~' !:" ( -----~ /./...21. < '~ .---.,/ " 3015 SURFS/DE BLVD ce IJEACH ADDN., BLK 41, PORT. OF 106 1,272 SF ~ N PARCEL LOCA TION LOCA TlON MAP NOT TO SCALE SUBJECT PARCEL CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 10 of 18 DATE: 06-06-2006 ~ -- - - - - ~ exHlBf:r -Q!.c !/'~:=~ / ,;;i;'>h . :~I / /.//1 Illl~>S2:~ / (/1/ /1 I.I.!'! >;::" I <:.,'..'114.//! .....f / I'rh!:; / /'~ '<, ',.,~. ~/,/' ": I /; /"r '. Ill" ii I 1 ", / I,J / i ' .............. S4~ "j /{((>~::!. ~r~ &,~ 11); ..... .;:;/ /f' 'l ,) Y / '. ';.o/p j t < 'J'," ::'.'xh~;,--,-_' [...P' ~ f.-~1 i' 1 , ~\ "Cl?~( ! r '\ ~~/ ~~NT '" H'~~:'0\\,,\:; 'Cl.:if' C',< ,,', , /' , " / \', \\ ~ ':O~ / i "'::.' . ' I /, ,"'Y \ " \, \, ~ \// "\ ~'r ',CO / \\ );J~, " ", 'r;., V",'..J '~/Iy,dr, \ '/f f0::. \.<1R "> ( S ", ()'.<'f~4I(' . ~ \; / \, 0., 1/()C~'" ,~~,' '~\)"~~D"''X, ct:'(~ 0~; ./ <Pi S P '(" / '\...., '~~ ') '., ~., ; ~("~j" . '\, '" (-441(D>-- '''I ~" ~ Qj??;/ ~,;' '" l,:;)! 4,~\~' ' ~! V(r, !~'" ':fr' /,_ ' 01l)~- 'oj PARCEL LoeA TION "~ ^. /' S .' ....' ~J ~ /..1~1;6, y _ c{/ Vj ':r~.~4 )\ " ,~ .::/, t \ ....~/ <...( / <,;.~/; .hOCA TION MAP NOT TO SCALE I' '-............./ / / \ " ' ~ tJ QCf' (; ~ c' 1,' L--j ~) \) Q- (~ ' / I ii, tJA, ~ N ~ ~ N SUBJECT PARCEL / VICINITY MAP NOT TO SCALE 6425 CHAPMAN RANCH RD. SARA TOGA IND PK, BLK 1, PORT. of 8 37,157 SF CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 11 of 18 DA TE: 06 09 2006 ~ -- - - - - ~ ~BI1::M" _~_'___'f-~ "~~ ' fl.'. Ii.' ~ ! , fiT' ' .~ '" .~ . t./ ~.!'l;, if' l! // 'J'~' # :;~~j;/ /' ~ l ,'. '''', .~. \'.~~ ! ' < ... I~! .~ i, ! . ;:ORPUS CHRISTI BAY PARCEL LoeA TION ~/..' ..... i ',' " \ , ,'C , . N .t~ I!/'tt(f'~! /' ", f/&~. ,$/! ~'. "'~"'" 'f ~y~/ ~' i' , ~! ,', / Ji/ ~,:',l ~ < ~!i ~ .. } _~~c~ o ~ d ~ --,,-,,~ ~ LOCA TION MAP "- $' () NO T TO SCALE SUBJECT PARCEL CULLEN JR, HIGH VICINITY MAP NOT TO SCALE 5709 GOLLIHAR RD LOT 26, BLOCK 6, KOOLSIDE ADDITION 7,210 SQUARE FEET CITY COUNCIL EXHIBIT ~ CITY OF CORPUS CHRISn, TfXAS DEPARTMENT OF ENGINEERING SERVICES . PAGE: 12 of 18 ::r = DAT~ 06-09-2006 ~ , ~IiIHc~ --~I/ ~''*'~ 'J. i3 ; -_.._~ .1 ~, ~/,"/-'",''' -', ' , / N tlH1t illlli~ p=a,1 LJ~l rn--i CORPUS CHRISTI BAr I ~ ~~ <t~ jf , - / )~~ - t--' \ " ~ ~ ,~ " ~Il '. '''', :)~\~"", II .~' : I ?! ~iO, , , , / 1/' ) J;L~ i ~/' ~ , 1 l 1/ ~' i .J/( " / ( Z( ( ~ -:J C:J '< ---1 PARCEL LOCA TION I I / I / _ M~W" L/i I } o CJ ~ ~ ~ W 0::: o <( 2 <( Z ::> C) <( -' ~ LOCA TION MAP NOT TO SCALE SUBJECT PARCEL Ll LLJ I ~ ~ $' (:) L LAGUNA MADRE WASTEWA TER TREA TMENT PLANT <...) <( m ~J Ct:: W ::2 Dna [T ,J r- 1 '-1' IT m ",,-m rTl T ,----- 1 VICINITY MAP NOT TO SCALE MERZBACHER DR @ JESTER ST +/- 14,025 SQUARE FEET OUT OF LOT 8, SECTION 56,FB & EF&G TRACTS CITY COUNCIL EXHIBIT ~ CITY OF CORPUS CHRISTI, TEXAS , DEPARTMENT OF ENGINEERING SERVICES PAGE: 13 of 18 - _ - - DATE: 06-09-2006 ~ ~,_ ~"-lJ!! 'C \MOI ~Iec: cour,cllexhlt"ls, exhsuroorOQ, UWQ PARCEL LOCA TION ~ N r:-- - / , "i, .; I ! i //~ . i ,,{OLf \ ~ I ,,\::J '0 V COURSE~/, , " ~ ~/ /,' -,' )C26;Y{ r c, W T! 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"'~ ~~ ...~ : H L':~/{ l '~;;$}:-,.:;~~"tM ~ rTTTTTTTI1 q I' - ',~, " " , ~11"'~~ r<:Il VICINITY MAP ..L ..L -'- .~- N NOT TO SCALE 723 OSAGE AVE LOT 7D, TRACTS 1&2, BLAKE SUBDIVISION 11,500 SQUARE FEET CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISn, TEXAS DEPARTMENT OF ENG/NffRtNG SERVICES PAGE: 14 of 18 DATE: 06-09-2006 I -- - - - - ~~ --';~"O~:';'~;':;;<-_:_:'---""XH'-'Ri, -.R~ ^1'-r~ i.::, :"'::i...--utl l,t,,-,'UUi:S {'AtlSU{ .(.... .' J~)' 'c,._ , ::'5 /-'l / ) ~ N Ii -~, ,'j H~a~ IN~'" ~ . . /.~'< \.. 1..1..1. / . \,'vJ: ::, J' Lt J ,} I'", ) [F, y, , ,I, I f--. -_,'--..1 ') i ' -ct- r~>L Ii I _ / . ,~",k~,., y - '. fM 6)1: I T-1T1';1, f.. ! i j, . . I : J I ~ .~ ~ ~~^ ~, 0, ~_,_ J'l:'. PARCEL LOCA TlON / ( '" I ! I ' - t! / / I ~, '-- ,~~, &'> <<.." " < / " /> I ':-'''f'' "" / / " ,/ /;;~~ , '\ \, - , / , / ' ,}/ / /' /y \ //' , ' I ( 7' ~i__ .." .__/ ----./ 1 'I' ~',I (, '\ I' \ LOCATION MAP NOT TO SCALE I / i ~ N '------ , .1 SUBJECT PARCEL ,j VICINITY MAP NOT TO SCALE CITY COUNCIL EXHIS" I CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 15 of18 _ = - - QAT~ 06-09-2006 ~ EXHnJIL=IL" RIVER PARK RD @ BEAL DR. LOT 1, BLOCK 47, THE PARK ATWOOD RIVER UNIT 8, :t 15,158.88 SQUARE FEET '1M -' ec \luu,IClieXrl/()/!S ,extlsurpp/o .o~Cj ;)A '1R,f ^ ~ / 'Ie c':f / */ */ , Q) \ +- > / Padre I Island/ WHITJ~~fj . ! ~ N PARCEL LOCA TION LoeA TION MAP NO T TO SCALE \\ ~/\ / ..~/~tJ //. ''<~-< '\ ,]/ /'"....t-- ../..' L... . /~ '. ". (\~ I / "-" /~ V/ "" ,?\'~ , /tJli~"~ ", / -;\: /' ~ / /1 [" , "../ "I 'I j / ~~\'-';- / ( / / (,0 (, . ><" / "- ~ {2'--(; . / /" V / '\. / ~/ / 'r'Z ' / ~", /'< I /..... // /-. / >- ~"/'/ /~ . ~'. I !iT / < "..( /" "-.. 1/ I I /' / >< / /'). ""-., / ''-f " "Sf:1, / [J >J . Z / { I I-i/A'..J. \ I ." . '" " . 'Vts I I '. )--. >-<, "> I / r I r:::. DR ~ ~~ 7 I ""~:l'/~' ~~~;;J (f. '-- , ,'--, . ~ 1 . ". / I ~ !- ;'~- --/ .' ~" i ". ~ ,/- <...... . r'/~r._~,~~'--J, ~~O/.~ ~ ;~7l- /~. . '.~. /'/~t/[7}1f::., ~I ~(JI ..---~/' ..1 1 If,! /~" / J f' ..j ! / / 7 , ;--.. '..1.! / ',I !...... --- ;"', .,.i / 'i ~ SUBJECT PARCEL ~ N Sf:1 ,o/;Yr-s ~ DR o {! cf/ Q' VICINITY MAP Nor TO SCALE SEA PINES DRIVE LOr 13, BLOCK 13, SEA PINES SUBD. UNIT NO.1, 6,893 SF CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISn, TEXAS DEPARTMENT OF ENGINEERING SEIMCtS PAGE: f6 of 18 DA TE: 06 09 2006 ~ ..... - - - - - ~ ~'-EXft'lBI"f'IfPL ~~) ) '''G~~. \\.. /:~ / ~ ~ " ;(.1 ~~ . \ Y ~\ v) J)~(<'I (5" _, \M ~ \~-<\ ~J \y \." \ \\..0 ":1 \ ~, ~ \.' !J'V . ~_- ,,l,\) \" ->, 3/ n . \. ... )l~, Y ,vl~f~J\ ><~" '~, -"'-..._, ."A1c' --,' , '-" . "........ .......,4.. V...' .'/. ...1 OC{"~. '~~( f , ~~'~ ~> ! ", , -4/"4 '. ~~i r' .,,;Z' '\ ' AtC~~.~. D~,/' ;(.'ro / " --'. , If' c--. .140 . \~. . " , ',-\/ \ ~ '..Ie M r c e.. ( c cur,cuexhlblts \ exhsu( \ ' /./'\, y' \ "\.. \,/ \/ />' ./, ./ ..~ / ' '\, \ \ ) ,~/ '/of./ f(. . / /\: \ \ \ .. / \ Y Y'/'/ /// .~/~ \ \, X \>\' . \ \\ ') . ).- y / /.-A( /" ' \ PARCEL LOeA TION ~ N LOCA TION MAP NOT TO SCALE )/ ~ ~ N ./\ //A\ VICINITY MAP NOT TO SCALE 3705 TOPEKA, PORT ARANSAS CLIFFS, PART OF LOT 28, AND ALL OF LOT 29 AND 30, BLOCK 817-8, 125 SF CITY COUNCIL EXHIBIT I CITY OF CORPUS CHRISTI. TEXAS . .' DEPARTMENT OF ENGINEERING SfRVfCES PA9&: 17 of 18 _ = DATE: 06-09-2006 ~ _.. .. E:}(ilf8ff'~~ i i-~~---f PARCEL LDCA TION ~I . 4' /l!~~J J'. f/ y~ " f/~' , '. , ' /'1/ ~.'" ~ "It> .~ / / . '-" ,l\ ~ ~ ~, . ',..... /. ",) ~/ """'i~ ~', 1({ !~ ;/ '~~'~~i / I t ,.:y~ ~' ~,"" .i!., !' ; \ if: ,i1,'..../ ':ORPUS CHRISTi SA'r .h..' lL \ '''''' ~'t / J. ~/4h . , 1<-,/ ""'--I!.!.,j of: ,~ /1 if ,J/~", iI/ / ~' Ji ;. <f' " ./ I Ii II/! "/ ,/ II / "V' /~~+/ tOCA TION MAP o ~ d ~ ~ N >~ .,0...-- <5- NOT TO SCALE 4. ~ o I I~~~j'; '~, , .. -" '~- "-.....:~-~.' ,-,,-"'t,, VICINITY MAP NOT TO SCALE WILLIAMS DR @ RODD FIELD RD FB & EF & GT SECT. 28, PORT. OF LOT 17 18,128 SF CITY COUNCIL EXHIBIT Li CITY OF CORPUS CHRISTI. TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 18 of 18 =" = DATE: 06 09 2006 ~ -iE1(HISfr~Li LIST OF SURPLUS PROPERTY A. SALE TO ADJACENT LANDOWNER: Legal Description Size II No. Street Subdivision Block Lot Zonl'lll Buildable Area (SF) Width Lellllth Date Ace. Platted 1 2929 Blake Blake Subd N pI. of 10 Residential No 5,398 Irregular Irregular 03/06/79 No 2 3114 Ebony Baymoor Addn 237&238 Industrial No 1,095 21.9 triag. 07/02/76 No 3 521 Eighteenth & Mary Jasmin 38 Residential No 2,250 37.5 120.5 03/07172 No 4 1402 Nineteenth Bay Terrace 2 1601 2 Residential No 1,960 triag. triag. 07/01/88 No 5 917 Parker's Alley Parker's Addn 0 1 Residential No 2,250 15 150 04/08/89 No 6 920 Parker's Alley Parker's Addn C 16 Residential No 3,743 Irregular Irregular 05f07/82 No 7 500 Plum Brooklyn Addn 85 E 1/2 2&4 Residential No 2,960 93 75 02/03/70 Yes 8 421 S. Carancahua Brayton Addn 1 pI. of 1 Residential No 2,000 Irregular Irregular 08f09/88 No 9 424 S. Tancahua Brayton Addn 1 pI. of 8 Residential No 960 Irregular Irregular 08/09f88 No lB. SALE BY PUBUC BID: - .- ~~- '" Legal Description Size # No. Street Subdivision Block Lot Zoni'lll Buildable Area (SF) Width Lel!9tJ1 Date Aca. Platted 10 3015 Surfside CC Beach Addn 141 106 Commercial No 1,272 54.7 46.5 07f07/83 No 11 6425 Chapman Saratoga Ind PI<; 1 pI of 8 Industrial No 37,157 Irregular Irregular 11f21/84 Yes 12 5709 Gollihar Commercial Yes 5,750 Yes 13 Merzbacherf Jester F.B and Ene Sec. 56 8 Residential Yes 12,500 50 250 08/08f02 No 14 723 Osage Wok Blake 1&2 7B Residential No 11,500 100 115 03/07/72 Yes 15 River Park/Seal Wood RIver #8 Residential Yes 15,158 137.9 110 06/22/44 Yes 16 Sea Pines 01 Residential Yes 6,893 61 113 Yes ",'- ,~ 3705 Topeka PA Cliffs 8F pt.28&29-30 Residential House 8,125 65 125 07/10f64 Yes 18 WiUiamsfRodd Field Commercial Yes 21,083 No ---. -- H:\HOME\NorrnaR\PROJECT\90015 Property Mgmt\List of Surplus Property 6/21f2006 EXHIBIT C Page 1 of 2 ORDINANCE DECLARING EIGHTEEN CITY-OWNED PROPERTIES (LISTED IN EXHIBIT C) AS SURPLUS PROPERTY, WHICH INCLUDE ONE DEVELOPED RESIDENTIAL PROPERTY LOCATED AT 3705 TOPEKA STREET AND SEVENTEEN VACANT TRACTS OF LAND, NINE OF WHICH ARE IRREGULAR IN SHAPE AND NOT SUITABLE FOR BUILDING. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That eighteen City-owned properties (listed in Exhibit C), which include one developed residential property located at 3705 Topeka Street and seventeen vacant tracts of land, nine of which are irregular in shape and not suitable for building, are declared surplus property "LEG JiRWeronicaOIENG!NEERINGIP&LAID6 va 062706 ENG.P&LA ORD Decl.19SrpPrply doc Exhibit C LIST OF SURPLUS PROPERTY ~-~ALE TO ADJACENT LANDOWNER: - ---< Legal Description Size It No. Street Subdivision Block Lot Zonina Buildable Area (SF) Width Lenath Date Aca. Platted I i 1 2929 Blake Blake Subd N. pI of 10 Residential No 5,398 Irregular Irregular 03/06/79 Yes - 2 3114 Ebony Baymoor Addn pI of 237,238 Industrial No 1,095 21.9 triag. 07/02/76 Yes 3 521 Eighteenth & Mary Jasmin pI of 38 Residential No 2,250 Triangle Triangle 03/07/72 Yes 4 1402 Nineteenth Bay Terrace 2 1601 pI of 2 Residential No 1,960 Triangle Triangle 07/01/88 Yes i 5 917 Parker's Alley Parker's Addn D pI of 1 Residential No 2,250 15 150 04/08/89 Yes 6 920 Parker's Alley Parker's Addn C pt of 16 Residential No 3,743 Irregular Irregular 05/07/82 Yes ! 7 500 Plum Brooklyn Addn 85 E 1:2 of 2&4 Residential No 2,960 Irregular Irregular 02103/70 Yes I 8 421 S. Carancahua Brayton Addn 1 pI of 1 Residential No 2,000 Irregular Irregular 08/09/88 Yes r 9 424 S. Tancahua Brayton Addn 1 pI of 8 Residential No 960 Irregular Irregular 08/09/88 Yes ! 10 3015 Surfside CC Beach Addn 41 106 Commercial No 1,272 Irregular Irregular 07/07/83 No B. SALE BY PUBLIC BID: .--.. -.-..-, - i ~-_. Legal Description Size # No. Street Subdivision Block Lot Zonina Buildable Area (SF) Width Lenath Date Aca, Platted , 111 6425 Chapman Ranch Rd Saratoga Ind Pk pI of 8 Industrial No 37,157 Triangle Triangle 11/21/84 Yes J 12 5709 Gollihar Koolside Addn E 26 Commercial Yes 7,210 Irregular Irregular 07/09/03 Yes . 13 MerzbacherlJester FB&EF&GT Sec 56 part of 8 Residential Yes 14,025 55 255 08/08/02 No 14 723 Osage WK Blake Addn 1&2 7B Residential No 11,500 100 115 03/07/72 Yes --. 115 River Park/Beal Wood River #8 47 1 Residential Yes 15,158 137.8 110 06/22/44 Yes !16 --. Sea Pines Dr Sea Pines Addn 13 13 Residential Yes 6,893 61 113 06/23/93 Yes ! 17 3705 Topeka PA Cliffs Addn 8-~ pt 28&29-30 Residential House 8,125 65 125 07/10/64 Yes ' i : 18' . Williams/Rodd Field FB&EF&G' 28 17 Commercial Yes 18,128 Irregular Irregular 09/18/64 No ~_..__. --L_ .___,_.._ , No address H\LEG-DIRIVeronicaOIENGINEERINGIP&LA\Exhiblt C xis 6/21/2006 Page 2 of 2 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 Brent Chesney Melody Cooper Jerry Garcia Bill Kelly Rex A. Kinnison John E. 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 Kellv Rex A. Kinnison John E. Marez Jesse Noyola Mark Scott PASSED AND APPROVED this the day of _ ,2006. ATTEST Henry Garrett Mayor City of Corpus Christi Armando Chapa City Secretary APPROVED AS TO FORM: 20 June 2006 1J^~v~~ (Q~~m Veronica Ocanas Assistant City Attorney for City Attorney H EG-DIR'VeronicaO\ENGINEERING\P&LA06 '/0 0')2706 ENG-P&LA ORD Decl-19SrpPrply doc AN ORDINANCE AUTHORIZING THE SALE OF EIGHTEEN SURPLUS PROPERTIES (LISTED IN EXHIBIT C) CONSISTING OF ONE RESIDENTIAL PROPERTY LOCATED AT 3705 TOPEKA STREET, EIGHT DEVELOPABLE TRACTS WHICH WILL BE SOLD INDIVIDUALLY TO THE PUBLIC BY SEALED BID, AND NINE IRREGULARLY-SHAPED PROPERTIES WHICH WILL BE SOLD TO THE ADJACENT LANDOWNERS IN EXCHANGE FOR THEIR PERPETUAL MAINTENANCE AND CARE OF THE PROPERTY; AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE THE NECESSARY DEEDS FOR ALL EIGHTEEN SURPLUS PROPERTIES TO BE SOLD AND CONVEYED. 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 sell the eighteen surplus properties (listed in Exhibit C) consisting of one residential property located at 3705 Topeka Street, eight developable tracts which will be sold individually to the public by sealed bid, and nine irregularly-shaped properties which will be sold to the adjacent landowners in exchange for their perpetual maintenance and care of the property; and that the City Manager, or his designee, is authorized to execute the necessary deeds for all eighteen surplus properties to be sold and conveyed. H:\LECr-DIR\VeronicaO\EN( iINEERING\P&LA \06.YO 062706.0RD.19Properties.Sale.doc Exhibit C LIST OF SURPLUS PROPERTY r--"---' i A. SALE TO ADJACENT LANDOWNER: I Legal Description Size # No. Street Subdivision Block Lot ZoninQ Buildable Area (SF) Width LenQth Date Aca. Platted I 1 2929 Blake Blake Subd N, pt. of 10 Residential No 5,398 Irregular Irregular 03/06/79 Yes 2 3114 Ebony Baymoor Addn pt of 237,238 Industrial No 1,095 21.9 triag. 07/02/76 Yes 3 521 Eighteenth & Mary Jasmin pt. of 38 Residential No 2,250 Triangle Triangle 03/07/72 Yes 4 1402 Nineteenth Bay Terrace 2 1601 pt of 2 Residential No 1,960 Triangle Triangle 07/01/88 Yes 5 917 Parker's Alley Parker's Addn D pt of 1 Residential No 2,250 15 150 04/08/89 Yes 6 920 Parker's Alley Parker's Addn C pt of 16 Residential No 3,743 Irregular Irregular 05/07/82 Yes 7 500 Plum Brooklyn Addn 85 E 1/2 of 2&4 Residential No 2,960 Irregular Irregular 02/03/70 Yes 8 421 S. Carancahua Brayton Addn .~ pt of 1 Residential No 2,000 Irregular Irregular 08/09/88 Yes 9 424 S. Tancahua Brayton Addn pt of 8 Residential No 960 Irregular Irregular 08/09/88 Yes i 10 3015 Surfside CC Beach Addn 41 L._ . 106 Commercial No 1,272 Irregular Irregular 07/07/83 No ~, SALE BY PUBLIC BID:.___ -.---...- ., !--,-- ,..-.-.- -- i ' Legal Description Size f # No. Street Subdivision Block Lot Zonina Buildable Area (SF) Width LenQth Date Aca. Platted i i 11 6425 Chapman Ranch Rd Saratoga Ind Pk pt of 8 Industrial No 37,157 Triangle Triangle 11/21/84 Yes \ 12 5709 Gollihar Koolside Addn 6 26 Commercial Yes 7,210 Irregular Irregular 07/09/03 Yes 113 MerzbacheriJester FB&EF&GT Sec 56 part of 8 Residenlial Yes 14,025 55 255 08/08/02 No i 14 723 Osage W K, Blake Addn 1&2 7B Residential No 11,500 100 115 03/07172 Yes i-- i 15 River Park/Beal Wood River #8 47 1 Residential Yes 15,158 137.8 110 06/22/44 Yes ~,...:... : 16 Sea Pines Dr Sea Pines Addn 13 13 Residential Yes 6,893 61 113 06/23/93 Yes 17 3705 Topeka PA Cliffs Addn 8~~ pI 28&29-30 Residential House 8,125 65 125 07/10/64 Yes '{ 181 Williams/Rodd Field FB&EF&GT 28 : 17 Commercial Yes 18,128 Irregular Irregular 09/18/64 No ,_..~_.. - _..- L-..~,-_ ,____ - No address 'i\LEG-DIRIVeronicaOIENGINEERING\P&LAIExhibil C xis 6/21/2006 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 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 day of ,2006. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Henry Garrett Mayor Approved as to form: 20 June 2006 By: d ~WV-lUvGt46 Veronica Ocanas Assistant City Attorney For the City Attorney H :\LFG-DIR\ YeroTIlcaO\ENGfNEER ING\P&LA\06. YO.062706.0RD.19Properties.Sale.doc 32 CITY COUNCIL AGENDA MEMORANDUM Date: June 6, 2006 SUBJECT: Proposed Re-naming of Winnebago Street between Carancahua Street and Upper Broadway to Uptown Avenue AGENDA ITEM: a. Public hearing for proposed re-naming of Winnebago Street between Carancahua Street and Upper Broadway to Uptown Avenue. b. Ordinance changing the name of Winnebago Street to Uptown Avenue between Carancahua Street and Upper Broadway; Providing for severability; and providing for publication ISSUE: The City has received a request from a property owner abutting Winnebago Street to re-name Winnebago Street to Uptown Avenue. (Exhibit 1). REQUIRED COUNCIL ACTION: The Code of Ordinances specifies the process for the naming and re-naming of public streets. This process requires the City Council to conduct a public headng to receive public comment on the proposed re-naming and to render a decision. The City Secretary's Office has published notice of this public hearing and also sent notices of the public hearing to all owners and tenants affected by the proposed name change. RECOMMENDA liON: Staff recommends Council conduct a public hearing to determine whether adoption of the ordinance is warranted /. / -I-~_m /Z~ ~~ [) C:. /0 ~/o6 r::t:?" 'Angel R. Escobar, P.E. Director of Engineering Services ADDITIONAL SUPPORT MATERIAL Background Information Applicant Request - Exhibi t 1 Stte Map n Exhibit 2 Letters of response from C!,-y and Public utticials ~ Exhibit .1 AGENDA MEMORANDUM Background Information BACKGROUND: Street Re-namina Process: Following is a brief summary of the procedure established for re-naming city streets: 1. Applicant must reside on or own property on the subject street section. 2. Applicant is to provide the application and a $500.00 research fee to determine and survey all owners and tenants whose residences or places of business are on the subject street and to determine a "processing fee" commensurate with the cost of mailing and compiling responses to the required survey and for publishing a notice of public hearing. 3. A survey of the property owners and tenants is conducted and if 75% or more of the total owners and tenants surveyed support the proposed street renaming the process continues to the next phase 4. Traffic Engineering requests comments from Utilities Office Manager, Director of Development Services, Director of Engineering Services, Fire Chief, Police Chief, U.S. Postmaster, City Landmark Commission, Nueces County Historical Commission and the Nueces County Historical Society on the proposed re-naming. 5. The applicant is notified of the results of the survey. 5. City Manager sets date for public hearing by the City Council. 6. City Secretary publishes notice of a public hearing and mails notice to all affected property owners and tenants not less than ten days in advance of the public hearing. 7. On the date of the Council's public hearing, the Council renders a decision at that time or at some other time convenient for the Council to continue the matter. Winnebago Street: The 600 block of Winnebago Street is a 36 foot wide street connecting Carancahua Street and Upper Broadway. The property on both sides of the street is owned bv the Shutters Venture LLC r-epresented by Joe Adame, Member. Knuckleheads is the one other- tenant that shares frontage on this portion of the street. (See Exhibit 2) ResPonse to Survey and Review by City Departments / Agencies: The survey of affected property owners and tenants identifies that 100% of the total surveyed property owners and or tenants responded in support of the proposed street re-naming. Written comments with regard to the proposed street renaming have been sol icited and received from Utilities Office Manager, Director of Development Services, Director of Engineering Services, Fire Chief, Police Chief, U.S. Postmaster, City Landmark Commission, Nueces County Historical Commission and the Nueces County Historical Society for the proposed re-naming, The iiueces County Histor'ical Commission and the City Landmark Commission are opposed to the pi-opo~(.::d renarning All other officials havE no opposition to the request. (See fribi': Policy on Re-naming Streets / Recent Council Actions: . Cay Council esti1blished an official Council policy in 1994 declining to change the names of streets in Corpus Christi except under unusual, extenuating CilCulllstances (ResolutlOn 21901, 03-22-94) . City Council approved the street renaming of Parkdale Drive to Whataburger Way. (September 3, 2002) . C1ty COlmcll app'.oved the i1(Hne "Northwest Boulevard" to supplement the State's FM 624 State sysLern deslgllal ion of this street. In addition, Council approved re- naming sections of Up River Road (to Leopard Street) and Leopard Street (to Interstate 7 A(( essj in thE tbrthwest area for conslstency purposes (Ordinances 023585-023588, 03-23-99). . City Council apDroved the street re-naming of Belden Street to Concrete Street. Implementation Cost: Implementation costs for the street. name change, if approved, would be restricted to the cost of replacing ground-mount street name signs located on Carancahua and Winnebago and at Upper Broadway and Winnebago Street. Street name signs are installed and maintained by the City. The estimated City cost for replacement of the existing street name signs with the proposed name change is $125. In accordance with current city ordinance the street name change costs will be borne by the applicant if request is approved Joe Adame & Associates, Inc. ULL SERVICE COMMERCIAL & INDUSTRIAL REAL ESTATE ;"coman )~ ?OO(, Mr Anuando Chapa Cit) Secretal) City of C-erpus Christl 1201 Leopard Street Corpus Christi, Texas 7&401 Dear Annando ,/ This lclter is our request for a Street llame change of the 600 BI~of Winnebago Street to Uptown Avenue We currently are converting the seven story fonner Atlantic Kf~i1 Building into 34 residentiallot't condominiums. We hope to start construction in the fall of 2006. Our proposed address for the new project would be 3400 Uptown Avenue. The new street address would be in keeping with the 34 units and signify a major real estate development in the uptown district of Corpus Cluisti. At one time Winncbago Street ran from North Brownlee to Upper Broadway. When IH 37 was built the freeway cut off one block of Winnebago Street located on tlle southeast side of the freeway. We currently own all the land and the only building located in the 600 block of Winnebago. This building's current address IS 602 WilUlCbago TIus JX>rtion of Wilmebago Street is located between N. CarancallUa on the west and Upper Broadway on the east TIle street actually dead ends at Upper Broadway and is a one way street flowing east. It is confusing for someone to look for an address when the major JX>rtion of the street is cut offby an Interstate highway. Attached you \\ill filld IJL:-tps and mfonnatioll that will be helpful in describing tlle area. We pIau OIl marketing the units soon and would like to firm up the Street name change as soon as possible. This would be very helpful in our marketing campaign It is our understanding that if the request is in keeping with the city policy, a formal request along with a "research fec" will be required. Thank you for your consideration. Sincerely. ~~ Joe Adame, Member Shutters Venture, LLC JA:ka Enclosures xc: Mayor Henry Garrett Councilman Mark Scott Traffic Engineer Ricardo Guznl<ill Exhibit 1 . ,(; S['(II(;IIII(; [)Ia/a f'~( ih B'v( ijuitc 1000N . Cor pus Chrisl, rcx(J~; 78401 p (" n... Corpu:~ 1~I!ijst' Te:xe:; ~3468 '.)2.1 I 1 /H8') '888 . t:i 'jl; 11R80 '181'1:1 q ndivirl'Jal HernflE:( Individual Membership Society of Industrial and Office Realtors@ ~ - - - - L ----~ EXHIBTr ~ - SITE PLAN - SUBJECT. WINNEPAG 1 Traffic Engineering Div. Engineering Services Dept. l C..~~".'/-'~".'~.' '." c. .'. ,';~~ ", :-1 ",'i-Iff ~. \ ' .. i<l!\;. J..~ ',/'. l';,~,'-_,~,,>, "\'~ COMMIITEES I~NJ)ANGEREI) PROl'f lUll'S 1 914 CUU,TIIOUSF 'lLD B.,.,'. Irw CEME1TF'J HISTOR\ ApPUCIATIO" HISTORICAL MAIUtBRS i-.lCHC ARCHIVes ORAL H1STOR Y HERITAGE TOURISM MUSllUM~ I\RClfEOU'L, CEJt.TIFlED LOCAL GoVERNMENT PUBUC POLICY NUECES COUNTY HISTORICAL COMMISSION NUECBS COUNTY CUURTHOUSE' 901 lEOPARD STREET, ROOM 110.03 CORPUS CHRISTL TX 78401 11753 Up River Rd. (~nrpllS Christi I Texas 78,nO 3 21 ~1ay 22, 2006 City of Corpus ChliEtl P. . Bo) 9277 Corpus Christi :~;,;;~, .~~~~ ';>t'1_-"<~""'~'''''-='''''-- '4'-' c::Ji,: :Jil~.i1..:.,.:.:i - ~ Tc Whom It The Nueces is 1 E' a ,.'e rem'YJa] E.! ,.. Jl' T'r-;-,_'!-~,\\':- i .-:.:1(- '-E: [.jeJ ~ri Sincere , ,'" I I '. l~~' ~~~QA--) Anita Eisenhauel Chairman Exhibit 3 1 of 8 RECE'IVED MAY 2 4 2006 Traffic Engineering Division llY t 11 )rpUS hnstl ~,. "....,.,- 'une ! :>006 [VIr, r~icClrd( ,=,uz rnUf I raftic Manager City of Corpus Chnsti P, 0 Boy 007] :-=:orpus:t"lsil, 'P/U, )wC/:,.' i ;ub)ect Proposed Street Renaming of Winnebago Street Dear M! Guzman 1>.1 the Landmark Commission's regularly scheduled meet1ng on May 25, 2006, the renaming of W1nnebago S1reet v.as an agenda act10n Item and the Landmark Commission 0DD0Sed the recommendation of renaming W1nnebago Street One of the most important reasons fOf any fOfm of Pfeserva1ion is Its educational ~ In MIS case, 1t1e folloWIng informat1on is provided: This short block, visually and physically, establishes the most eastern end of Winnebago as seen on the 1887 Aug.Jstus Koch "Birds Eye View Map of COfpUS Christi;" Because of Interstate Highway 37 and its attendant approaches, this portion of the street is all that IS linked wl1t other Colonel Kinney's early related street names [Upon, Comanche, Tancahua, -::aroncohul, Buffalo elnd Antelope); If one is living in the "Golden Shutters," one's curiosity might be raised to the extent of researching Information on 1t1e Winnebago Family and having done that, one might wonder why Colonel Kinney included this tribe with 1t1e others; and :;i\en the I=.~)ssible de.;elopiTient on the north side of interstate Highway 37 and new approaches '0 the HarbA Bridge. the rest of Winnebago might soon disoppear. Unfortunately, this has already iappenedo some C' its :;Ieif :;treets: Tops lones, Chipifo and Media, JU nd see hO'f\ thE develope,! c.}, out forth 0 'nore cUYlpelling reclson to change the street name than the severo I compelling reaSO'iS not to ';;(:;;8r81 iw cc Mayor Henry Garrett & City Council Members Armando Chapa, City Secreta1Y Michael Gunning, Acting Director Development Services landmark CommiSSioners '.Ue IH:PLNR-DiRIVW"PDI\ANDMi\RKljITfERS\RICA"DO GUlMA.N 0,0708 Exhibit 3 2 of 8 MEMORANDUM DA.TE: May 23, 2.006 f- KUM: Ricaido GUZllla' / .~./ . (7 . 'Angel R Escobar Director at Engineering serVice/?, 71,J: ~~ PROf'OSED STEEl RE -NAMING OF WINNEBAGO SUEUEC r ~-- "'~'--- -~,_. _.- -._------,._,_.._...~---------- "--...----- The Engineering Department has had an opportunity to review the proposed street name change of Winnebago Street to Uptown Avenue from Comanche to Upper Broadway. The integrity of the street will not be compromised by the proposed name change and all expenses to do so will be born by the applicant. The Engineering Department does not have any objection to the renaming of Winnebago as proposed, Exhibit 3 3 of 8 Cit\ ot C:oi:pus - = Chn~tj ~ I-j ..~'tjt '(l!?l" (I;I.'"T ( \.0,' DATE: TO: FROM: SUBJECT: MaY 17, 2006 Ricanlo GuzDl8n, Traffic Manager A) '^ 2 Terry Chapa, Acting UBO Manager /\ V '-.../ Proposed street renaming of Winnebago The Utilities Business Office does not foresee any major problems in the renaming of Winnebago Street to Uptown Avenue since there are very few utfllty accounts that will be affected. Exhibit 3 4 of 8 It V ot '( lrpUS hnsti ~EMORANDUM ~~ Ro)!de. (2" JlrnOn Traftlc Manager ~ROM Michael Gunning. AlCP Acting Dirnctoi of Development SeNices JATE: June 6 2006 SUBJECT Proposed Street Re-naming of Winnebago Street i have received and reviewed the application to re-name W1nnebago Street to 'Jptown Avenue. After reviewing the application. the following information is provided: Staff researched street name records and determined that the proposed name is not a sound-alike or duplicate of an existing street; ) The Landmark Commission met on Thursday, May 25, 2006 at 4:30 p.m, in the City Council Chambers and at that meeting, the Commission voted against the name change of Winnebago Street; and 3, At this time, Staff encourages pursuit of other options because of the historical significance of the existing street name. t yOU have any questions or need additional information, please call me or F-aryce Goode-Macon, Acting Assistant Director at (361) 826-3560, who also serves as the Staff liaison to the Landmark Commission at this time. _/{~a(~ MiC~~~ Gunning, A1CP Acting Director of Development Services rw cc: Landmark Commission Members l=i1e HJtN-Oll<\lJNOo'l\WJ[<[)VANIJMoI.RlQEnEffi'MNl\EIW:;O ShfH ~NAM'M'MQW6(X Exhibit 3 5 of 8 ,(lq From To: Date: Subject: Ken Bung Guzman Ricardo 5/22/20067:20:30 PM Re-Nammg Winnebago Police Department has no problem with the proposed new name Exhibit 3 6 of 8 From To: Date Subject ~iC~lar(i Hooks Guzman, Ricardo ",/23/2006 312 47 PM Narle 'hange Sorry fo the confusio' V\/e have no problem with the name change Let me know if we can be of further assistal cc: Ijall<:;y ~a" Exhibit 3 7 of 8 DR HECTOR P 'JARCI,6 MAIN POST OF!=ICE ~ UNITED STATES JI!!iiiI!/I POSTIJL SERVICE M8\ 2 :~OOf3 Mr. Ricardo Guzman Traffic Manager City of Corpus Christi P. O. Box 9277 Corpus Christi, TX 78469-9277 Dear Mr Guzman I am in receipt of your correspondence dated May 3, 2006 regarding the renaming of Winnebago Street between Carancahua Street and Upper Broadway to Uptown Avenue. i he Postai :::3ervli.e supports t:i~) pf(J~)os\::J renailling. Sincerely. f J /'/.// :; Y~CJl/ZAj Greg Gonz&r Officer in Charge 809 Nueces Bay Blvd. Corpus Christi, TX 78469-9998 Exhibit 3 8 of 8 RECEIVED MAY 2 4 2006 Traffic Engineering Division Page 1 of 2 ORDINANCE CHANGING THE NAME OF WINNEBAGO STREET TO UPTOWN AVENUE BEWTEEN CARANCAHUA STREET AND UPPER BROADWAY. PROVIDING FOR SEVERABILITY; AND PROVIDING I='OR PUBLIC!, TION WHEREAS. after dill !otlceSeOLJ rpCi by Section 49-1 of the City Code of Ordinances, a pubi1c 'learirg \\a~ hFidy' T JL:ne 1 2006. dUrliig a meeting of the City COLJrlcli in the Councd Chambel-s at City Hall 1201 Leopard, in the City of Corpus Christi 'iu.-ifl'j''Jhir'r,l11 ir~terpste,-.;''?rson~ /J(?'e allowed t appear and be heard and WHEREAS, the City i..ouncl! finds as required by Resolution 21901 adopted on March 22 994, that 'unusu31, extenuating circumstances' Justify changing the name of Winnehago Street to Jptown Avenue between Carancahua Street and Upper Broadway NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTL TEXAS THAT SECTION 1. That the name of \iVinnebago Street is changed to Uptown Avenue between Carancahua Street and Upper Broadway. 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, subdivisior' clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase word or proviSion hereof be given full force and effect for its purpose. SECTION 3, Publlcatl:m shal be Inade in the offiCial publication of the City of Corpus Christi as required by ,he City Charter of the City of Corpus Christi. SECTION 4. Upon final adoption at this ordinance, as required by Section 49-1 of the City Code of Ordinances, a copy of this ordinance shall be furnished by the City Secretary to the department heads and the Postmaster, and the traffic engineering department shall, at the direction of the City Manager, place street name signs, as specified in subsection (6) of said section. '<>CUM! , VERON I,. _,'ilS .j'le,r,p,u6'cc'13 ,).(!"t; VVwuebago.''i1 HenameeJo( Page 2 of 2 That the for-ego ng Jrd nance was 'ead for ttle first time and passed to its second readlfl9 on this the I 3~. day of~yv~ 2006. by the following vote: I , Bmr CleSllE\ J--:)l-- ", ...jJ i) 1'-': Rex A Kinnison (~ . -_.~-- {~. Hen (Jarretl John F Marez Melorlvoope' JetTY Garcia .~y~' / .--- Jesse Noyola Mark Scott BII f-< t~! ~~t,.(/; ,,- If .~-~ That the foregomg Jrdlnance was read for the second time and passed finally on this the davof , 2006 by the following vote: Henry Garrett Brent Chesney Melody Cooper Jerry Garcia Bill Kelly Rex A Kinnison John E Marez Jesse Noyola Mark Scott PASSED AND APPROVED this the__ day of _____. ,2006. ATTEST Armando Chapa City Secretary Henry Garrett Mayor, City of Corpus Christi Approved as to form: U5 June 2006 )liV\d,., L'" 'v- ; . ~ '~u.. LJL..Cl!!- ..j ii__ Veronica Ocanas Assistant City Attornev for City Attorney DOCUME -.. IVERONI-.11; neAl s-.- \Templ06 061 VO ORDW.nnebagoSi Rename doc 33 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: 4th of July - Big Bang Celebration Presentation by Mayor's Planning Committee STAFF PRESENTER(S): Name 1. Diana Zertuche Garza Title/Position Assistant to the Mayor Department Mayor's Office OUTSIDE PRESENTER(S): Name Title/Position Oraanization 1. Ram Chavez 2. Vicky Lewis Mayor's Committee on Veteran's Affairs Stars & Stripes Parade -BuccaneerCommission ISSUE: 4th of July - Big Bang Celebration Information and Schedule of Events BACKGROUND: EVENT DESCRIPTION: The City of Corpus Christi, since 1977, has proudly celebrated the Independence Day Holiday with a variety of patriotic events. The Mayor's Office provides coordination for the various public (not for profit) events that are scheduled in the downtown/Shoreline area including the patriotic parade, veteran's ceremony and the annual fireworks presentation. The "Big Bang Celebration" is a community effort with the basic/logistic support provided by the City of Corpus Christi for traffic control, street closures, park maintenance and staging, coordination of general publicity, trash pick up and safety of the marina. REQUIRED COUNCIL ACTION: None Required ~~~ Assistant to the Mayor Additional Background - Schedule of Events Attached Corpus Christi -- '111'.' 2003 7:00 a.m. Heritage Park 10:00 a.m. Sherrill Park 5:40 p.m. Bayfrontl Marina 6:00 p.m. Coliseum to 1-37 6:00-9:00 p.m. Cole Park 9:30 p.m. Downtown Bayfront CORPUS CHRISTI, TEXAS JUr Y 4TH - BIG BANG CELEBRATION 2006 CALENDAR OF SPECIAL EVENTS TUESDA Y, JUL Y 4, 2006 4 FOR THE 4TH Bayfront Run by Corpus Christi RoadRunners Please uisit www.corpusroadrunners.com. Fleet Feet Sports) 514 Everhart, Corpus Christi Athletic Club or Platypus Fitness Center for Application and Packet INDEPENDENCE DAY PATRIOTIC CEREMONY Corpus Christi Mayor)s Committee for Veteran)s Affairs & the C-;orpus Christi Veteran's Band u.s. COAST GUARD SEARCH & RESCUE Rescue Demonstration 4TH OF JULY STARS & STRIPES PARADE Buccaneer Commission, Inc. & Buccarader Assn Sponsored by the Mayor's July 4th Committee COLE PARK Concert in the Park 19th ANNUAL H-E-B INDEPENDENCE DAY FIREWORKS DISPLAY over the Downtown Bayfront 34 r I I i , i ':1 \ i (1 l i~; /,\ <~ @D Corpus Christi Independent School District Del Mar College Flint Hills Resources Texas A&M University-Corpus Christi Why Summer Connections? What's the point? ~ ~ ~-~--~--~-- ---~--~ -~----~---- -~--~ ~. ; Many students dr~ out of school for non-academic reasons - poor grades or high-stakes testing are not the only predictors of discontinuance. , Significant among these reasons is the lack of direction or purpose. }.> Students who do not see the point of being In school are much more likely to drop out than those with an attractive and achievable goal. , Many students corne from backgrounds that either mistrust or minimize "Education First" unless there is a tangible reward attached. , Adolescents who can experience the potential worth of their educational experiences will be less likely to drop out. , Meaningful options -a sense of being part of the American Dream - will help kldsltay in school. ,. The more real-worid-based the job experiences, the more effective they may be in helping the student remain In school when things get hard. 1 1- s~mmer-con~ectl~~S -co~pon::l I - I I I " At-risk student< .. Partnership of Rint Hills Resources, Corpus Oll!stllSD, Del Mar College and Texas A & M University Corpus Christ, " 1 wenty other partnerc, Ir\ "Strategic Alliance" .. Studies, swimming and field tripS .. Elementary and Middle School .. Breakfast and lunch supplied .. T AKS work in newspaper · Focus on Uteracy " Real world fieid tripS ,pto Careers · Authentic schooling Supporting partners · US~j Lexington . Whataburger · Caller Times . CiCi's Pizza · U.S Coast Guard . Papa John's Pizza · Texas State Aquarium . Chick Fil A · KRIS Television . HEB · Mustang Island State . CC Police Department Park . CC Fire Department · Treasure Island Golf · Mayor's Office 2 Del Mar Career Visits Art Music Baking Dental tech Journalism Dram a Auto Mechanics Machining Nursing i i I I I I I i L_____, ,___,__,_____ Ceramics Weldi ng Weldi ng Cosmetology Hospitality Kinesiology Human Services Computer Programming Teaching Texas A&M University Areas · Art Education · Financial Education · Campus Tours · Astronomy · Early Childhood Development Center · Kinesiology · Physics L_____ _ 3 r-.-.----.---.- ------- --..-- - ------.-------.-....- I Real-world field trips into the I World of Work I I · Corpus Christi Caller Times · Texas Department of Parks · KRIS Television Studios · United States Coast Guard · Corpus Christi Police Academy · Mayor's Office and City Hall · Corpus Christi Fire Department Academic Rigor " Daily Academic Report (DAR)--Elementary · Wednesday, June 15, 2005 .. :~ctjvit Locate pictures of two different individuals in the could meet. Describe the situation, then write a dialogue between the two individuals. · TEKS Addressed: Language 3.11 Math 5.58 Math 5.14 Math 5.16 4 I I Mirror, mirror on the Wall I I I l_________ Testing deodorants 5 r.....--....... ..- .-..--.. --..---..-.-.--.---. I Nothing on my hands Getting your teeth into it 6 r I So, Doctor, what do you think? : Can we still get in 187 I I I Skilled nurses are born .' A fi':;:~: ,,'A^ .' 't"~; , , '. _-__~_ _!~;_~:_~__.~ f;, _ "_,._)J - I L-.-____.., 7 r - -- - -- -- ---- - ---- - ---- - - --------- -- I Hands on learning I I Hands-ll1. Learning @ '.. '- i L____ ___ _ ____ ___ ________ ___ 8 Successful surgeons n .... . .-----1 I Learning about government 9 r -- I I I I i We're certifiable! i,H. "I !ii.'nUtlliUU " I'll ,.: (OV'HI Ill"" 'OU'::' ,.,.... l ,< ~.",.. hiAu,- ',.')' .. ,""'., 1.-, ~,. -,~". ...,.... .". p.... ,- """. "f',-' , H- - ...,-" _';", _.--'l Martin Luther King Day 10 ...~~ ~~-~~~~-l I might like this job..,.! I I I We got your aquarium right here... -i!l""" .,.-- 11 I -- -- ~ -- I I ! fhanks Whataburgerl ~ ! 12 This is the hi9~~oint ~f t~:~ri;l Future Educators 13 r I I I I I I Changes in Self Concept Beginning to End of Progr anl '-.. cores are pr p- and post- summer i ]!" JO(-,. They are the iwerage difference of I c:tudents' self- . . reported 'I measures in self-concept ! according to i Piers-Hams! Children's I Self-Concepti Scale. i Piers-Harris Children's Self-Concept Scale Pre- and Post Test Comparison ., ~ .'0 U III '1':' c: ., ., (5 ... III Qj U ~ \~ :t: Ul OJ '0 i5 c: l1. ., 'C " .,'C c: () ~a III ~Ul ~ -" > .!:: .~o cl: l1. -,,, 2(j . [1e:iov;c D Intelligence . Appearance i, II . AnXiety I.!I'I" a Popularity ICategorles df Self Concepti . S cores reflect gains or losses over Summer Program 2005 o Happiness ~.__._~..._..-.,-_._._---,_._-~-_.._._,_._----,-_._-_.-- 14 35 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: Presentation of 3rd Quarter FY 2005-2006 Budget! Performance Report. STAFF PRESENTER(S): Nam. Title/Position Department 1. Oscar Martinez Assistant City Manager - Administrative Services 2. Eddie Houlihan Assistant Budget Director ISSUE: The 3rd Quarter Report for the period ended April 30, 2006 has been completed and distributed to the City Council on June 23, 2006. The report is now formally presented for Council Review. REQUIRED COUNCIL ACTION: No formal action is required. Edd e Houlihan Assistant Budget Director Power Point Presentation X Exhibits 36 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: Presentation of FY 06-07 Special, Internal and Debt Service Funds Overview STAFF PRESENTER(S): Name Oscar Martinez Eddie Houlihan Title/Position Department Assistant City Manager-Administrative SelVices Assistant Budget Director REQUIRED COUNCIL ACTION: No formal action is required at this time. First and second readings on budget Adoption are scheduled for July 18th and July 25th respectively. , .itLt~~ d e Houlihan Assistant Budget Director Power Point Presentation X Exhibits