HomeMy WebLinkAboutAgenda Packet City Council - 08/22/2006
CITY COUNCIL AGENDA
AUGUST 22, 2006
Corpus Christi
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11 :45 A.M. - "At Your Service Award", City Staff Recognition
AGENDA
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
CITY HALL - COUNCIL CHAMBERS
1201 LEOPARD
AUGUST 22, 2006
10:00 A.M.
PUB4/C NOTICE - THE USE OF CELLULAR PHONES AND SOUND ACT/VA TED PAGERS ARE
PROf/IS/TED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE C/TY COUNCIL.
Members of the audience will be provided an opporlunity to address the Council at approximately 12:00 p.m. or at the end
of the Council Meeting, whichever is earlier. Please speak into the microphone located at the podium and state your name
and adcJress. Your presentation will be limited to three minutes. If you have a petition or other information perlaining to your
subject, please present it to the City Secretary
SI Ustlld desea dirigirse al Concilio y cree que su ingles es limitado, habra un interprete ingles-espanol en todas las juntas
del Coocilio 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 Reverend Gilbert Garcia, New Harvest Transformation Center.
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 Tern Jesse Noyola
Cou..U Members:
Brent Chesney
Melody Cooper
Jerry Garcia
Bill Ketly
Rex Kinnison
John "'arez
Mark Scott
City Manager George K. Noe
City Attorney Mary Kay Fischer
City Secretary Armando Chapa
E. MINUTES:
Approval of Regular Meeting of July 25, 2006. (Attachment # 1)
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Agenda
RegUlar Council Meeting
AugU6t 22,2006
Page 2
F. BOARDS & COMMITTEE APPOINTMENTS: (Attachment # 2)
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C.C. Convention and Visitors Bureau Board
C.C. Downtown Management District
Human Relations Commission
Planning Commission
Small Business Advisory Committee
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G. EXPLANATION OF COUNCIL ACTION:
For administrative convenience, certain of the agenda items are listed
as motions, resolutions, or ordinances. If deemed appropriate, the City
Council will use a different method of adoption from the one listed; may
finally pass an ordinance by adopting it as an emergency measure
rather than a two reading ordinance; or may modify the action specified.
A motion to reconsider may be made at this meeting of a vote at the last
regular, or a subsequent special meeting; such agendas are
incorporated herein for reconsideration and action on any reconsidered
item
H.
CONSENT AGENDA
Notice to the Public
The folJowing items are of a routine or administrative nature. The Council has
been limished with background and support material on each item, and/or it
has bt!llen 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 eitzen, in which event the item or items will immediately be withdrawn for
individlJal consideration in its normal sequence after the items not requiring
separtfte discussion have been acted upon. The remaining items will be
adoptfld by one vote.
CON MOTIONS RESOLUTIONS ORDINANCES AND ORDINANCES
FRO ReVIOUS 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 the following
companies in the following amounts for closed circuit television
pipeline inspection services in accordance with Bid Invitation No.
81-0159-06 based on low total bid. The term of the service
agreement will be twelve-months with an option to extend for up
to two additional twelve-month periods subject to the approval of
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PRIORITY ISSUES
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Agenda
Regufar Council Meeting
August 22, 2006
Page 3
the supplier and the City Manager or his designee. The service
will be used by the Wastewater and Stormwater Departments and
administered by the Wastewater Department. Funds are
budgeted and available from the Wastewater and Stormwater
Departments' operational budgets in FY 2006-2007. (Attachment
# 3)
Video Plumbing, Inc
Corpus Christi. TX
$247.297.50
Shoreline Plumbing
Corpus Christi. TX
$27,636.38
Grand Total: $274,933.88
4. Motion approving a three-year lease of mail processing equipment
from Pitney Bowes, of Stamford, Connecticut, in the amount of
$28,980. The equipment will be used to process the City's
outgoing mail and is leased in accordance with the State's
Cooperative Purchasing Program. Funds are budgeted and
available in the Stores Fund in FY 2006-2007. (Attachment # 4)
5. Motion approving a supply agreement for 5,000 plastic recycling
bins in accordance with Bid Invitation No. BI-0161-06 with Otto
Environmental Systems (AZ), LLC, of Eloy, Arizona, based on
most advantageous bid, for a semi-annual expenditure of
$27,550. The term of the supply agreement shall 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. These bins will be furnished by Solid
Waste Services for use in the City-wide recycling program. Funds
have been budgeted by Solid Waste Services for FY 2006-2007.
(Attachment # 5)
6. Motion approving a supply agreement with Sem Material, of
Corpus Christi, Texas for emulsion oil in accordance with Bid
Invitation No. BI-0184-06, based on only bid, for an estimated six
month expenditure of $42,288.50. The term ofthe contract 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. This material is used by Street
Services for maintenance of City streets. Funds have been
budgeted by Street Services in FY 2006-2007. (Attachment # 6)
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Agelda
Regtllar Council Meeting
August 22, 2006
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7.a. Motion authorizing the City Manager or his designee to accept a
grant in the amount of $450,396 from the Texas Automobile Theft
Prevention Authority (ATPA) to continue the Motor Vehicle Theft
Enforcement Grant within the Police Department for Year 6.
(Attachment # 7)
7.b. Ordinance appropriating $450,396 from the Texas Automobile
Theft Prevention Authority (ATPA) in the No. 1061 Police Grants
Fund. (Attachment # 7)
8.a. Motion authorizing the City Manager or his designee to accept a
grant in the amount of $57,450 from Sam Houston State
University and the National Institute of Justice for a Project Safe
Neighborhoods anti-gang initiatives grant and to execute all
related documents. (Attachment # 8)
8.b. Ordinance appropriating $57,450 from Sam Houston State
University and the National Institute of Justice for a Project Safe
Neighborhoods anti-gang initiatives grant in the No. 1061 Police
Grants Fund. (Attachment # 8)
9.a. Motion authorizing the City Manager or his designee to accept
grant funding in the amount of $102,820 from the Texas
Department of Transportation for a Comprehensive Selective
Traffic Enforcement Project (STEP) in the Police Department for
Overtime OWl and Speed Enforcement and to execute all related
documents. (Attachment # 9)
9.b. Ordinance appropriating $102,820 from the Texas Department of
Transportation for funding for a Comprehensive Selective Traffic
Enforcement Project (STEP) in No. 1061 Police Grants Fund.
(Attachment # 9)
10. Ordinance appropriating $1,210.57 in interest earnings from the
unreserved fu nd balance in the No. 1 061-820804 Law
Enforcement Block Grant 2004 grant fund. (Attachment # 10)
11. Motion authorizing the City Manager or his designee to execute
a contract with the Department of State Health Services for the
administration of duties performed by the Vital Statistics Division
of the Health Department and for the payment of record fees due
to the State. (Attachment # 11)
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Agenda
Regular Council Meeting
Aug~t 22, 2006
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12, Resolution adopting the Coastal Bend Mitigation Action Plan
developed with the Coastal Bend Council of Governments and
appointing the City Manager or his designee to act as the City's
Hazard Mitigation Coordinator. (Attachment # 12)
13. Resolution authorizing the City Manager to execute an Interlocal
Cooperation Agreement with Texas A&M University-Corpus
Christi in the amount of $345,000 for the Pollution Prevention
Partnership and Educational Outreach Program, which includes
small business assistance and public education on pollution
prevention and air quality in Nueces and San Patricio Counties.
(Attachment # 13)
14. Resolution approving the contract between the Corpus Christi
Business and Job Development Corporation and ACCION Texas,
Inc., for the period between August 1, 2006 and July 31, 2007.
(Attachment # 14)
15, Resolution adopting the eSlate Direct Recording Equipment as
the new voting system for use in City elections after January 1,
2006 as required by the Help America Vote Act. (Attachment
# 15)
16. Motion authorizing the City Manager or his designee to authorize
payment of Invoice 10118494 for twelve months software and
hardware maintenance with Kronos, Inc., of Chelmsford, Maryland
in an amount not to exceed $40,154.22. (Attachment # 16)
17. Motion authorizing the City Manager or his designee to approve
the annual software maintenance renewal with ESRI, Inc., of
Redlands, California in an amount not to exceed $48,246.24 for
the ESRI suite of products used by the City's Geographic
Information System users. (Attachment # 17)
18. Motion authorizing the City Manager or his designee to execute
Change Order No. 14 for the construction of a potable water
distribution system in the amount of $101,121.50 with longhorn
Excavation, Inc., of Richmond, Texas for the Cefe F. Valenzuela
landfill Site Development Project. (Attachment # 18)
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Agenda
Reguter Council Meeting
Augutt22,2006
Page 6
19. Resolution authorizing the City Manager or his designee to
execute Amendment No.2 to the Advanced Funding Agreement
with the Texas Department ot Transportation tor the local letting
and construction management of the Wooldridge Road Bridge
Replacement Project. (Attachment # 19)
20. Motion authorizing the City Manager or his designee to execute
a Right-ot-Way Easement instrument with Clara Braslau, et ai, tor
the acquisition ot Parcel 4 in the amount ot $31,700, containing a
Right-ot-Way Easement and $79,700 to the Cimarron Golt Range,
I nc. tor the removal and relocation ot improvements located within
the right-ot-way, both necessary tor the Cimarron Street
Improvements - Saratoga to Yorktown, Phase 1, (#6261) BOND
2004, and tor other municipal purposes. (Attachment # 20)
21. Motion authorizing the City Manager or his designee to execute
a Real Estate Sales Contract with Robert Leon, Sr. and wite, Viola
Leon in the amount of $42,SOO plus $1 ,SOO in closing costs and
an additional amount not to exceed $22,SOO for relocation
assistance to cover moving costs and incidental expenses in
connection with a replacement dwelling, all for the purpose of tee
simple property rights to Parcel 6, described as Lots 11 and 12,
Block 7, H.E. Luter Partition Addition with the street address of
2034 Mary Street, necessary for the Garcia Arts Center Area
Street Improvements. Phase 2, Project #6134. (Attachment # 21)
22. Motion authorizing the City Manager or his designee to execute
a Real Estate Sales Contract with Carmen C. Torres and Delores
Torres in the amount of $56,000 plus $1,500 in closing costs and
an additional amount not to exceed $22,SOO tor relocation
assistance to cover moving costs and incidental expenses in
connection with a replacement dwelling, all forthe purchase offee
simple property rights to Parcel S, described as being a part of
Tract S, H. E. Luter Partition, also known as Lots 1 and 2 of the
unrecorded Neylands Colonia Mexicana Addition, with the street
address of S08 18th Street, necessary for the Garcia Arts Center
Area Street Improvements, Phase 2, Project #6134. (Attachment
# 22)
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Agenda
Regufar Council Meeting
August 22, 2006
Page 7
23.a. Ordinance amending Ordinance No. 026403 to provide for the
deferral of the construction of an 8-foot wide sidewalk along
Elizabeth Street between Third Street and Santa Fe Street in
connection with the abandonment and vacating of a 33,129.73-
square foot portion of the Third Street public right-of-way, out of
Blocks X and IX, Ocean View Addition, located between the
Elizabeth Street right-of-way and the Ayers Street right-of-way;
authorizing the City Manager to execute a Deferment Agreement
with CHRISTUS Spohn Health System for the construction of
public sidewalk improvements along Elizabeth Street between
Santa Fe and Third Streets. (Attachment # 23)
23.b. Motion authorizing the City Manager to execute a Deferment
Agreement with CHRISTUS Spohn Health System for the
construction of public sidewalk improvements along Elizabeth
Street between Santa Fe and Third Streets. (Attachment # 23)
24 Ordinance abandoning and vacating a 1 ,575-square foot portion
of a 5-foot wide utility easement out of Lot 2, Block 7, Highway
Village, Section 1 Annex; subject to compliance with the specified
conditions. (Attachment # 24)
25. Second Reading Ordinance - Authorizing the City Manager to
execute a Real Estate Option Agreement with Scannell
Development Company or its subsidiary in consideration of$1.00
option fee for the first option period of nine (9) months, $20,000
for next successive twelve (12) months and $20,000 for next
successive twelve (12) month period, to lease all or part of
approximately 56 acres of land in Phase 1 of the Corpus Christi
International Airport Business Centre (State Highway 44 west of
International Drive north of Glasson and east of Pinson Road) at
annual rate of twenty-five cents per square foot for property which
fronts International Drive, and annual rate of fifteen cents per
square foot for all other property, to be increased every five years
by 7.5%, for a term of forty years with two successive five year
options to renew. (First Reading 07/25/06) (Attachment # 25)
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Regular Council Meeting
August 22, 2006
Page 8
26. Second Reading Ordinance - Amending the Code of Ordinances,
City of Corpus Christi, Chapter 53 (Traffic) by adding Section 53-
177, (Certain vehicles prohibited from entering and parking in
certain Packery Channel area parking lots); renumbering Sections
53-259 through 53-266 (under Article IX, Vision and Passage
Obstructions) as Sections 53-260 through 53-267; amending
Article VIII (Schedules) by adding a new Section 53-259 (Packery
Channel Parking Lots Restrictions); providing for penalties.
(First Reading 07/25/06) (Attachment # 26)
I. PUBLIC HEARINGS:
27. Public hearing on proposed ad valorem tax rate increase.
(Attachment # 27)
28.a. Public hearing on a proposed amendment to the Comprehensive
Plan of the City of Corpus Christi by amending the City of Corpus
Christi Parks, Recreation, and Open Space Master Plan by
adding an appendix entitled "The Oso Creek Oso Bay Greenbelt,
Parks and Trails System Master Plan". (Attachment # 28)
28.b. First Reading Ordinance - Amending the Comprehensive Plan of
the City of Corpus Christi by amending the City of Corpus Christi
Parks, Recreation, and Open Space Master Plan, as amended on
June 21, 2005, by approving The Oso Creek - Oso Bay
Greenbelt, Parks and Trails System Master Plan as part of the
Parks, Recreation, and Open Space Master Plan, as amended on
June 21, 2005; providing for repeal of conflicting ordinances.
(Attachment # 28)
29.a. Public hearing relating to amending the City's Comprehensive
Plan by amending the Master Sanitary Sewer Plan (Master
Sanitary Sewer Plan for the Southern Portion of Corpus Christi,
Texas 1983, the Master Plan for Sanitary Sewers 1963, and the
1965 Master Plan for Sanitary Sewers in Flour Bluff) and
rescinding the portions of the master plans covered by Study
Areas 1, 1A, 3 and 4 and by approving and adopting the
Wastewater Collection System Master Plan, Oso W.R.P. Service
Area, Study Area 1 and Laguna Madre WWTP Service Area
Study Areas 1A, 3 and 4. (Attachment # 29)
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Regul8r Council Meeting
August 22, 2006
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29.b. First Reading Ordinance - Amending the City's Comprehensive
Plan by amending the Master Sanitary Sewer Plan (Master
Sanitary Sewer Plan for the Southern Portion of Corpus Christi,
Texas 1983, the Master Plan for Sanitary Sewers 1963, and the
1965 Master Plan for Sanitary Sewers in Flour Bluff) and
rescinding the portions of the master plans covered by Study
Areas 1, 1 A, 3 and 4 and by approving and adopting the
Wastewater Collection System Master Plan, Oso W.R.P. Service
Area, Study Area 1 and Laguna Madre WWTP Service Area
Study Areas 1 A, 3 and 4. (Attachment # 29)
30.a. Public hearing to consider amending the Zoning Ordinance to
include additional arterial roadways, specifically Northwest
Boulevard (FM 624) and FM 1889 in Section 33-1.02.07 of the
Zoning Ordinance to be reviewed with collector street standards
in regards to signs. (Attachment # 30)
30.b. Discussion and consideration of options amending Section 33-
1.02.07 of the Zoning Ordinance to include Northwest Boulevard
(FM 624) and FM 1889 as arterial roadways to be reviewed with
collector street standards pursuant to Section 33-1.02.
(Attachment # 30)
30.c. Public hearing to consider amending the Zoning Ordinance to
delete McArdle Road in Section 33-1.02.03 to be reviewed with
collector street standards in regards to signs. (Attachment # 30)
30.d. Ordinance amending Section 33-1.02.07 of the Zoning Ordinance
to delete McArdle Road as an arterial roadway to be reviewed
with collector street standards in regards to signs; providing a
penalty; and providing an effective date. (Attachment # 30)
Ad Hoc Sian Committee and Plannina Commission
Recommendation:
The Ad Hoc Sign Committee and Planning Commission reviewed
the following segments of Northwest Boulevard (FM 624), FM
1889, and McArdle Road and recommend the following
amendment to the zoning ordinance for these specific arterial
roadways in Section 33-1.02.07 to be regulated by collector sign
standards:
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Regwar Council Meeting
August 22, 2006
Page 10
Denial ot inclusion:
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Northwest Boulevard (FM 624) (Exhibit 18A, 18B) - along
the south right-ot-way frontage from East Riverview Drive
west to City limit line and on the north and south right-of-
way frontages from River Hill Drive west to East Riverview
Drive.
FM 1889 (Exhibit 17) - along the east right-of-way frontage
of FM 1889 from Northwest Boulevard (FM 624), south to
City limit line and along the west right-of-way frontage of
FM 1889 from Northwest Boulevard (FM 624) south to City
limit line.
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ADoroval of deletion.
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McArdle Road (Exhibit 16) - east from Holmes Street to
Dorthy Drive
Staff Recommendation:
Staff's review ot the future land use map for the Northwest Area
concluded that the following roadway segments of Northwest
Boulevard (Exhibit 18A, 18B) and FM 1889 (Exhibit 17) will have
commercial development with potential residential development
located in the rear ot commercial properties along these
roadways. Therefore, these potential residential properties may
be impacted by the sign standards currently allowed for arterial
roadways, which consist of greater sign areas and heights.
Staff recommends the following text amendment to the zoning
ordinance for specific arterial roadways in Section 33-1.02.07 to
be regulated by collector sign standards:
ADoroval of inclusion~
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Northwest Boulevard (FM 624) (Exhibit 18A, 18B) - along
the south right-ot-way frontage from East Riverview Drive
west to City limit line and on the north and south right-of-
way frontages from River Hill Drive west to East Riverview
Drive.
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Regular Council Meeting
Augutt 22, 2006
Page 11
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FM 1889 (Exhibit 17) - along the east right-of-way frontage
of FM 1889 from Northwest Boulevard (FM 624), south to
City limit line and along the west right-of-way frontage of
FM 1889 from Northwest Boulevard (FM 624) south to City
limit line.
McArdle Road (Exhibit 16) - east from Holmes Street to
Dorthy Drive
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ZONING CASES:
31. Case No. 0606-08. Access Properties. Ltd: A change of zoning
from a "T-1 B" Manufactured Home Park District to a "B-4" General
Business District for Tract 1; and an "1-2" Light Industrial District
for Tract 2, Tract 1 being 8.84 acres out of 27.82 acres; and Tract
2 being 9.35 acres out of 27.82 acres, both in Farias Grant out of
Luby Tract 6 Abstract 592, located at the intersection of County
Road 52 and US Highway 77. (Attachment # 31)
Plannin9 Commission and Staffs Recommendation: Approval of
the "B-4" General Business Districtfor Tract 1 and approval ofthe
"1-2" Light Industrial District for Tract 2.
ORDINANCE
Amending the Zoning Ordinance, upon application by Access
Properties, Ltd., by changing the zoning map in reference to
Farias Grant out of Luby Tract 6 Abstract 592, Tract 1 being 8.84
acres out of 27.82 acres and Tract 2 being 9.35 acres out of
27.82 acres, from "T-1 B" Manufactured Home Subdivision to "B-4"
General Business District for Tract 1 and "1-2" Light Industrial
District for Tract 2; amending the Comprehensive Plan to account
for any deviations from the existing Comprehensive Plan;
providing a penalty.
32. Case No. 0606-09, Bernard and Kim Seaer: A change of zoning
from a "R-1B" One-family Dwelling District to a "F-R" Farm Rural
District. The property being 13.042 acres out of Lot 17, Section
40, Flour Bluff and Encinal Farm and Garden Tracts and located
on Glenoak Drive and approximately 1,300 feet west of Flour Bluff
Drive. (Attachment # 32)
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RegulBr Council Meeting
August 22, 2006
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Plannina Commission and Staffs Recommendation: Approval of
the "F-R" Farm Rural District.
ORDINANCE
Amending the Zoning Ordinance, upon application by Bernard
and Kim Seger, by changing the zoning map in reference to
13.042 acres out of Lot 17, Section 40, Flour Bluff and Encinal
Farm and Garden Tracts, from "R-1 B" One-family Dwelling District
to "F-R" Farm-Rural District; amending the Comprehensive Plan
to account for any deviations from the existing Comprehensive
Plan; providing a penalty.
33. Case No. 0706-01, Hoaan Development Company, L.P.: A
change of zoning from a "F-R" Farm-Rural District to a "R-1A"
One-family Dwelling District for Tract 1; and a "R-1 B" One-family
Dwelling District for Tract 2. Tract 1 being 37.15 acres of the
Flour Bluff and Encinal Farm and Garden Tracts, Lot 18 and a
portion of Lots 17, 21, and 22, Section 32 and Tract 2 being 18.01
acres of the Flour Bluff and Encinal Farm and Garden Tracts, a
portion of Lots 21,22, and 23, Section 32, located on Wooldridge
Road approximately 1,580 feet east of Las Brisas Drive.
(Attachment # 33)
Planning Commission and Staffs Recommendation: Approval of
the "R-1A" One-family Dwelling District for Tract 1 and approval
of the "R-1B" One-family Dwelling District for Tract 2.
ORDINANCE
Amending the Zoning Ordinance, upon application by Hogan
Development Company, L.P., by changing the zoning map in
reference to Flour Bluff and Encinal Farm and Garden Tracts,
Tract 1: being 37.15 acres, Lot 18 and a portion of Lots 17, 21,
and 22, Section 32 and Tract 2: being 18.01 acres, a portion of
Lots 21,22, and 23, Section 32, from "F-R" Farm-Rural District to
"R-1A" One-family Dwelling District for Tract 1 and "R-1 B" One-
family Dwelling District for Tract 2; amending the Comprehensive
Plan to account for any deviations from the existing
Comprehensive Plan; providing a penalty.
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Regular Council Meeting
AugUlt22, 2006
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34. Case No. 0706-03. Fernando Zambrano: A change of zoning
from a "R-1 B" One-family Dwelling District to a "R-1 C" One-family
Dwelling District. The property being a 24.046 acre tract of land
out of Lot 2, Section 6, Bohemian Colony Lands, located on
Greenwood Drive, approximately 2,000 feet north of Saratoga
Boulevard. (Attachment # 34)
Planning Commission and Staffs Recommendation: Approval of
the "R-1C" One-family Dwelling District.
ORDINANCE
Amending the Zoning Ordinance, upon application by Fernando
Zambrano, by changing the zoning map in reference to a 24.046
acre tract of land out of Lot 2, Section 6, Bohemian Colony Lands,
from "R-1 B" One-family Dwelling 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.
35. Case No. 0606-05. Cross Road Builders: A change of zoning
from a "F-R" Farm-Rural District to a "R-2" Multiple Dwelling
District with a "PUD-2" Planned Unit Development 2 Overlay in
Sunshine Acres, a portion of Block 11, Lot 13, located on the
north side of Wooldridge Road and approximately 1,200 feet west
of Rodd Field Road. (Tabled 07/25/06) (Attachment # 35)
Planning Commission and Staff's Recommendation: Approval of
the "R-2" Multiple Dwelling District with a "PUD-2" Planned Unit
Development 2 Overlay subject to the submitted site plan for 20
townhouses and the five (5) conditions.
ORDINANCE
Amending the Zoning Ordinance, upon application by Cross Road
Builders, by changing the zoning map in reference to Sunshine
Acres, a portion of Block 11, Lot 13, from "F-R" Farm-Rural
District to "R-2" Multiple Dwelling District with a "PUD-2" Planned
Unit Development 2 Overlay, subject to a site plan and five
conditions; amending the Comprehensive Plan to account for any
deviations from the existing Comprehensive Plan; providing a
penalty.
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Agettda
Regtlar Council Meeting
August 22, 2006
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J. PRESENTATIONS:
Public comment will not be solicited on Presentation items.
36. Update on Transportation Issues by the Transportation Task
Force, Corpus Christi Chamber of Commerce, Gary Bushell
(Attachment # 36)
37. Downtown Management District Annual Presentation
(Attachment # 37)
K.
REGULAR AGENDA
CONtIDERA TION OF MOTIONS. RESOLUTIONS. AND ORDINANCES:
38. Resolution authorizing the City Manager or his designee to
execute a two-year Interlocal Cooperation Agreement with the
Corpus Christi Downtown Management District in the annual
amount of $80,073 for assistance in downtown development and
redevelopment activities for FY 2005-2006 and FY 2006-2007.
(Attachment # 38)
39. First Reading Ordinance - Repealing Ordinance No. 026716
regarding the elimination of vehicular traffic on the beach seaward
of the Padre Island seawall and between Packery Channel and
Padre Balli Park; the direction of travel between Whitecap
Boulevard and Padre Balli Park; establishing and regulating
pedestrian safe beach; establishing a pedestrian safe area.
(Attachment # 39)
40. First Reading Ordinance - Amending Ordinance No. 026717 to
order a Special Election to be held on November 7, 2006, in the
City of Corpus Christi on the questions of amending the Charter
of the City of Corpus Christi to provide for a public pedestrian-safe
beach between Packery Channel and Padre Balli Park and
requiring a public referendum prior to the creation of any future
public pedestrian-safe beach areas, and prohibiting any
restriction of vehicular access in order to create public pedestrian-
safe beaches unless approved by a majority of qualified voters of
the City who vote at an election held for that purpose; providing
for procedures for holding such election; providing for notice of
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CITY COUNCIL
PRIORITY ISSUES
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agenda summary)
Agenda
Regu.r Council Meeting
Augu$t 22,2006
Page 15
election and publication thereof; providing for establishment of
branch early polling places; designating polling place locations;
authorizing a joint election with Nueces County; and enacting
provisions incident and relating to the subject and purpose of this
ordinance; and providing for the effective date of this ordinance.
(Attachment # 40)
41 Resolution affirming commitment by City of Corpus Christi, Texas
to inclusion and accepting the invitation to join the partnership for
working toward inclusive communities. (Attachment # 41)
42.a. Resolution authorizing the City Manager or his designee to accept
Federal Aviation Administration Grant No. 3-48-0051-038-2006 in
an amount not to exceed $9,356,300 for the Runway 17/35
Rehabilitation, WestGAApron, Phase I Improvements, Air Carrier
Apron Areas Rehabilitation, Taxiways Band E Phase I
Rehabilitation, Drainage Improvements Phase V, Runway
Sweeper purchase and Conduct Planning Study (Benefit/Cost
Analysis to extend Runway 13/31) at Corpus Christi International
Airport. (Attachment # 42)
42.b. Ordinance appropriating $6,538,150 from the Federal Aviation
Administration Grant No. 3-48-0051-38-2006 in the No. 3020
Airport Capital Improvement Fund for the Runway 17/35
Rehabilitation, WestGAApron, Phase I Improvements, AirCarrier
Apron Areas Rehabilitation, Taxiways Band E Phase I
Rehabilitation, Drainage Improvements Phase V, Runway
Sweeper purchase and Conduct Planning Study (Benefit/Cost
Analysis to extend Runway 13/31) at Corpus Christi International
Airport; amending FY 2004-2005 Capital Budget adopted by
Ordinance No. 026188 to increase appropriations by $6,538,150.
(Attachment # 42)
43.a. Motion to amend prior to second reading ordinance amending
Chapter 14 "Development Services" to include Article XII
"Industrialized Housing" to provide for regulation of the
construction and installation of industrialized housing and
buildings within the City by adding the language "provisions ofthis
Article relating to the" in Section 14.1203(e). (First Reading
07/25/06) (Attachment # 43)
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PRIORITY ISSUES
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Agenda
Regular Council Meeting
August 22, 2006
Page 16
43.b. Second Reading Ordinance - Amending Chapter 14
"Development Services" to include Article XII "Industrialized
Housing" to provide for regulation of the construction and
installation of industrialized housing and buildings within the City;
providing a penalty; providing a severability clause; providing a
repealer clause; providing for publication; and providing for an
effective date. (First Reading 07/25/06) (Attachment # 43)
(RECESS REGULAR COUNCIL MEETING)
L. MEETING OF CITY CORPORATION:
44. CORPUS CHRISTI COMMUNITY IMPROVEMENT
CORPORATION: (Attachment # 44)
AGENDA
COIIPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION
REGULAR MEETING
Date:
Tuesday,August22,2006
Time
During the meeting of the City Council beginning at
10:00 a.m.
Location:
City Council Chambers
City of Corpus Christi
1201 Leopard Street
Corpus Christi. Texas 78401
1. President Rex Kinnison calls meeting to order.
2. Secretary Armando Chapa calls roll.
Board of Directors
Rex A. Kinnison, Pres.
Brent Chesney, Vice Pres.
Melody Cooper
Jerry Garcia
Henry Garrett
Bill Kelly
John Marez
Jesse Noyola
Mark Scott
Officers
George K. Noe, General Manager
Armando Chapa, Secretary
Mary Juarez, Asst. Secretary
Cindy O'Brien, Treasurer
Constance Sanchez, Asst. Treasurer
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CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Agenda
Regular Council Meeting
Augwst22,2006
Page 17
3. Approval of the minutes of July 26, 2005, November 8,
2005, and June 13, 2006
4. Approval of the financial report.
5. Approval of a $209,124 short term ( 12 months) bridge loan
from HOME funds for the LULAC West Park Apartments.
6. Authorization for the Cliff Maus Village Apartment Complex
to move certain HOME funds between their 2005 and 2006
projects.
7. Approval of a change in the 2006 allocation of HOME
funds to Nueces Loft Apartments, LP, to change the
previously approved $300,000 low interest loan to a grant
and authorizing a new $500,000 low interest loan in
support of the project.
7. Public Comment.
8. Adjournment
(RECONVENE REGULAR COUNCIL MEETING)
M. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS
NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT
J\PPROXIMATEL Y 12:00 P.M. OR AT THE END OF THE
COUNCIL MEETING. WHICHEVER IS EARLIER. PLEASE
UMIT 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.)
Si usted se dirige a lajunta y cree que su ingles es Iimitado, habra un interprete
ingles-espanol en la reuni6n de la junta para ayudarle.
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CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Agenda
Regular Council Meeting
August 22,2006
Page 18
PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF
PERSON, OR MEMBERS OF THE AUDIENCE SHALL
BERATE, EMBARRASS, ACCUSE, OR SHOW ANY
PERSONAL DISRESPECT FOR ANY MEMBER OF THE
STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY
COUNCIL MEETING. THIS POLICY IS NOT MEANT TO
RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS.
N. EXECUTIVE SESSION:
PUBLIC NOTICE is gIven that the City Council may elect to go into
executive session at any time during the meeting in order to discuss any
matters listed on the agenda, when authorized by the provisions of the
Open Meeting Act, Chapter 551 of the Texas Government Code, and
that the City Council specifically expects to go into executive session on
the following matters. In the event the Council elects to go into
executive session regarding an agenda item, the section or sections of
the Open Meetings Act authorizing the executive session will be publicly
announced by the presiding office.
O. REPORTS:
The following reports include questions by Council to Staff regarding
City policies or activities; request by Council for information or reports
from Staff; reports of activities of individual Council members and Staff;
constituent concerns; current topics raised by media; follow-up on Staff
assignments; scheduling of future Council meetings and activities; and
other brief discussions regarding city-related matters.
45. CITY MANAGER'S REPORT
*
Upcoming Items
46. MAYOR'S UPDATE
47. COUNCIL AND OTHER REPORTS
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CITY COUNCIL
PRIORITY ISSUES
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agenda summary)
Agenda
Regular Council Meeting
AugUlt 22, 2006
Page 19
p, ADJOURNMENT:
POSTING STATEMENT:
This agenda was posted on the City's official bulletin board at the front entrance
to City Hall, 1201 Leopard Street, at --..d,; Lf-t:)' p.m., August 18, 2006.
(1/Ul/'ilndo (1 (~
rmando Chapa fo-A 1\
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.
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CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
1
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Meeting
July 25,2006 - 10:00 a.m.
ptESENT
Milyor Henry Garrett
Mayor Pro T em Jesse Noyola
Council Members:
Brent Chesney
Melody Cooper
Jerry Garcia
Bill Kelly
Rex Kinnison
John Marez
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 Minister Eddie Rodriguez of Norton Street Church of
Christ and the Pledge of Allegiance to the United States flag was led by Council Member Marez.
Mayor Garrett called for approval of the minutes of the regular Council meeting of July
18, 2006. A motion was made, seconded, and passed to approve the minutes as presented.
* * ~ * * * * * * * * * *
Mayor Garrett called for consideration of the consent agenda (Items 2 - 21). City
Seeretary Chapa announced that Mr. Marez would be abstaining from the vote and discussion
on Item 7, and Mr. Noyola would be abstaining from the vote and discussion on Items 14, 15,
16, 17 and 21 There were no comments from the public. A motion was made, seconded, and
passed to approve Items 2 through 21, constituting the consent agenda. City Secretary Chapa
potted the Council for their votes as follows:
2. MOTION NO. 2006-226
Motion approving the purchase of five (5) defibrillators from Zoll Medical Corporation, of
Chelmsford, Massachusetts for a total amount of $82,003.90. The award is based on
the cooperative purchasing agreement with the Houston Galveston Area Council
(HGAC). The defibrillators will be used by the Fire Department. Funds have been
budgeted by the Fire Department in FY 2005-2006.
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
July 25, 2006 - Page 2
3 MOTION NO. 2006-227
Motion approving a service agreement with Fidelity Output Solutions, of San Antonio,
Texas for electronic statement processing services for utility statements and delinquent
notices, in accordance with Request for Proposal No. 81-0153-06, for an estimated five
year expenditure of $935,455.50. The term of the agreement is for five years with an
average annual projected cost of $187,091.10. Funds have been budgeted by the Utility
Business Office Division of the Financial Services Department in 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".
4 MOTION NO. 2006-228
Motion approving the purchase of six (6) pickup trucks from Philpott Motors, of Port
Neches, Texas for the total amount of $117,151. The award is based on the cooperative
purchasing agreement with the Houston Galveston Area Council (HGAC). These
vehicles will be used for the Fire Department and Parks and Recreation Department.
Funding is available in the operations budgets of the respective departments for FY
2005-2006. All items are replacements to the fleet.
The foregoing motion was passed and approved with the following vote: Garrett,
Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye".
5 MOTION NO. 2006-229
Motion approving the purchase of emergency generator cabling and accessories from
Graybar Electric, of Corpus Christi, Texas for the total amount of $89,783.15. The
award is based on the cooperative purchasing agreement with US Communities. The
cable is purchased for the Wastewater Department. Funding is available in the
operation budget of the Wastewater Department for FY 2005-2006.
The foregoing motion was passed and approved with the following vote: Garrett,
Chesney, Cooper, Garcia. Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye".
6.a. RESOLUTION NO. 026881
Resolution authorizing the City Manager or his designee to accept a $14,000 grant from
the Texas Department of State Health Services in the No. 1067 Federal/State Grant
Fund to be used for the Coordinated Community Approach to Promote Wellness
(CCAPWell) to develop a strategic plan to combat obesity in our community.
The foregoing resolution was passed and approved with the following vote: Garrett,
Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye".
-...o_.~.
Minutes - Regular Council Meeting
July 25, 2006 - Page 3
6.b. ORDINANCE NO. 026882
Ordinance appropriating a $14,000 grant from the Texas Department of State Health
Services in the No. 1067 Federal/State Grants Fund for the Coordinated Community
Approach to Promote Wellness (CCAPWell) to develop a strategic plan to combat
obesity in our community.
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"
7.8 MOTION NO. 2006-230
Motion to authorize the City Manager or his designee to execute an agreement in the
amount of $1,333 with Communities in Schools, Inc. for support of youth mentoring
programs.
The foregoing motion was passed and approved with the following vote: Garrett,
Chesney, Cooper Garcia, Kelly, Kinnison, Noyola, and Scott, voting "Aye"; Marez
abstained.
7.b. MOTION NO. 2006-231
Motion to authorize the City Manager or his designee to execute an agreement in the
amount of $500 with Alcorta's Folklorico Diamante, Inc. for support of arts education
activities
The foregoing motion was passed and approved with the following vote: Garrett,
Chesney, Cooper. Garcia, Kelly, Kinnison, Noyola, and Scott, voting "Aye"; Marez
abstained.
7.c. MOTION NO. 2006-232
Motion to authorize the City Manager or his designee to execute an agreement in the
amount of $1,333 with Corpus Christi Safeplace House, Inc., dba The Wenholz House
for support of housing and addiction rehabilitation programs.
The foregoing motion was passed and approved with the following vote: Garrett,
Chesney, Cooper, Garcia. Kelly, Kinnison, Noyola, and Scott, voting "Aye"; Marez
abstained.
7.d. MOTION NO. 2006-233
Motion authorizing transfer of $1,333 from City Council Organization to Sister City
Program Organization within General Fund for support of Sister City program.
The foregoing motion was passed and approved with the following vote: Garrett,
Chesney, Cooper, Garcia, Kelly, Kinnison, Noyola, and Scott, voting "Aye"; Marez
abstained.
""""""""""'"
Minutes - Regular Council Meeting
JuJy 25.2006 - Page 4
8.a. MOTION NO. 2006-234
Motion authorizing the City Manager or his designee to execute an addendum to the
current lease with Durrill Properties for the facility space to operate the Juvenile
Assessment Center for three additional years, in the annual amount of $33,664.20,
which has been budgeted in the FY 2006-2007 budget of the Corpus Christi Crime
Control and Prevention District
The foregoing motion was passed and approved with the following vote: Garrett,
Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye".
8.b. MOTION NO. 2006-235
Motion authorizing the City Manager or his designee to execute an addendum to the
current lease with Durrill Properties for the facility space to operate the Juvenile
Municipal Court for three additional years, in the annual amount of $32,239.20, which
has been budgeted in the FY 2006-2007 budget of the Corpus Christi Municipal Court.
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. 2006-236
Motion authorizing the City Manager or his designee to execute a construction contract
with King-Isles, Inc., of Corpus Christi, Texas in the amount of $535,322 for the Furman
Avenue DevelopmenUSpohn Shoreline Hospital Sanitary Sewer for the total base bid.
The foregoing motion was passed and approved with the following vote: Garrett,
Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye".
10. MOTION NO. 2006-237
Motion authorizing the City Manager or his designee to execute a construction contract
with OMS Construction, LLC, of Corpus Christi, Texas in the amount of $70,895 for the
Fire Station No. 14 Concrete Driveway Repair 2006.
The foregoing motion was passed and approved with the following vote: Garrett,
Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye".
11. MOTION NO. 2006-238
Motion authorizing the City Manager or his designee to execute a contract with Alan
Plummer Associates, Inc., of Austin, Texas not to exceed $135,000 for consulting
services necessary to assist in the coordination and review of various activities affecting
the Nueces Delta.
The foregoing motion was passed and approved with the following vote: Garrett,
Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye".
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Minutes - Regular Council Meeting
July 25,2006 - Page 5
12. RESOLUTION NO. 026883
Resolution requesting the Texas Department of Transportation designate the new State
Highway 44 Bypass in Clarkwood as part of the State Highway 44 roadway system; re-
designate the former location of State Highway 44 as a business route.
The foregoing resolution was passed and approved with the following vote: Garrett,
Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye".
13. ORDINANCE NO. 026884
Ordinance appropriating $21,315 in Haz-Mat Response Calls Revenue received from
Texas Molecular into the General Fund Fire Department for purchase of Haz-Mat
consumable equipment and supplies; amending the FY 2005-2006 Operating Budget,
adopted by Ordinance No. 026385, by increasing estimated revenues and
appropriations by $21,315 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"
14. ORDINANCE NO. 026885
Ordinance appropriating $729,319 in Passenger Facility Charge Fund 4621 from
unreserved fund balance; transferring $643,761 into the Airport 2000A Debt Service
Fund 4640 and $85,558 into the Airport 2000B Debt Service Fund 4641 for Debt Service
Payments on Airport Improvements; amending FY 2004-2005 Capital Budget adopted
by Ordinance No. 026188 to increase appropriations by $729,319.
An emergency was declared, and the foregoing ordinance was passed and approved
with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, and
Scott, voting "Aye"; Noyola abstained.
15. ORDINANCE NO. 026886
Ordinance appropriating $172,933 in Passenger Facility Charge Fund 4621 from
unreserved fund balance for Airport Landside Roadway System Reconstruction
Improvements; amending FY 2004-2005 Capital Budget adopted by Ordinance No.
026188 to increase appropriations by $172,933.
An emergency was declared, and the foregoing ordinance was passed and approved
with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, and
Scott, voting "Aye"; Noyola abstained.
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Miootes - Regular Council Meeting
July 25, 2006 - Page 6
16. ORDINANCE NO. 026887
Ordinance appropriating $828,707 in Passenger Facility Charge Fund 4621 from
unreserved fund balance for Passenger Loading Bridges at the Airport; amending FY
2004-2005 Capital Budget adopted by Ordinance No. 026188 to increase appropriations
by $828,707
An emergency was declared, and the foregoing ordinance was passed and approved
with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, and
Scott, voting "Aye"; Noyola abstained.
17. ORDINANCE NO. 026888
Ordinance appropriating $125,000 in the Airport Operating Fund 4610 from unreserved
fund balance and $75,000 from Aviation Reserve Fund Balance for emergency airport
chiller system rental and repairs; amending FY 2005-2006 Operating Budget adopted by
Ordinance No. 026385 to increase appropriations by $200,000.
An emergency was declared, and the foregoing ordinance was passed and approved
with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, and
Scott, voting "Aye"; Noyola abstained.
18. ORDINANCE NO. 026889
Ordinance authorizing the City Manager or his designee to execute a Use Privilege
Agreement with R.E.E., Inc. dba McDonald's Restaurant (Owner), for the right to plant
and maintain approximately 432-square feet (3-foot wide x 144-foot long) of landscaped
sectioned area within the Morgan Avenue public right-of-way, adjacent to the
McDonald's Restaurant building, located at 2021 Morgan Avenue; establishing a fee of
$1,140.
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"
19. ORDINANCE NO. 026890
Ordinance abandoning and vacating a 1,592.68-square foot portion of a 10-foot wide
utility easement out of Lots 20-23 and Lots 45-48, Block 11, Flour Bluff Park, located
approximately 150 feet north of the South Padre Island Drive street right-of-way,
adjacent to the Flour Bluff Drive street right-of-way; subject to compliance with the
specified conditions
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
Juty 25, 2006 - Page 7
20. ORDINANCE NO. 026891
Ordinance abandoning and vacating a 823.50-square foot portion of a 1 O-foot wide utility
easement out of Lot 2A, Block 8, Matt Dunn Subdivision, located just southeast of and
adjacent to the Ocean Drive Street right-of-way; subject to compliance with the specified
conditions.
An emergency was declared, and the foregoing ordinance was passed and approved
with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez,
Noyola, and Scott voting "Aye".
21. ORDINANCE NO. 026892
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. (First Reading 06/27/06)
The foregoing ordinance was passed and approved on its second reading with the
following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, and Scott,
voting "Aye": Noyola abstained.
~. * * * * * * * * * * * *
Mayor Garrett referred to Item 22, and a motion was made, seconded, and passed to
open the public hearing on the following zoning case:
Case No. 0606-01. Grace United Methodist Church: A change of zoning from a "R-1 B"
One-family Dwelling District to a "B-1" Neighborhood Business District, being Tract 7 out
of the Shell Road Poultry Acres/Pugh Tract, located on Church Street and approximately
215 feet north of Leopard Street.
City Secretary Chapa stated that the Planning Commission and staff recommended
denial of the "B-1" Neighborhood Business District, and in lieu thereof, approval of a Special
Permit for a church-related thrift shop with six (6) conditions.
No one spoke in opposition to the zoning change. Mr. Kelly made a motion to close the
publiC hearing, seconded by Mr Kinnison, and passed. City Secretary Chapa polled the
Council for their votes as follows:
MiAutes - Regular Council Meeting
July 25. 2006 - Page 8
22. ORDINANCE NO. 026893
Amending the Zoning Ordinance, upon application by Grace United Methodist Church,
by changing the zoning map in reference to Tract 7 out of the Shell Road Poultry
Acres/Pugh Tract, (currently zoned "R-1 B" One-family Dwelling District) by granting a
Special Permit for a church-related thrift shop, subject to six (6) conditions; amending
the Comprehensive Plan to account for any deviations from the existing Comprehensive
Plan; providing a penalty.
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, 'Ioting "Aye".
Mayor Garrett referred to Item 23, and a motion was made, seconded, and passed to
open the public hearing on the following zoning case:
Case No. 0606-02. Dinah Morton: A change of zoning from a "F-R" Farm-Rural District
to a "R-1 B" One-family Dwelling District, being a 5.255 acre tract of land situated in and
out of a portion of Lot 15, Section 41, Flour Bluff and Encinal Farm and Garden Tracts,
located on Flour Bluff Drive approximately 225 feet south of Graham Drive.
City Secretary Chapa stated that the Planning Commission and staff recommended
approval of "R-1 B" One-family Dwelling District.
No one spoke in opposition to the zoning change. Mr. Scott made a motion to close the
public hearing, seconded by Mr. Kinnison, and passed. City Secretary Chapa polled the
Council for their votes as follows:
23. ORDINANCE NO. 026894
Amending the Zoning Ordinance, upon application by Dinah Morton, by changing the
zoning map in reference to a 5.255 acre tract of land situated in and out of a portion of
Flour Bluff and Encinal Farm and Garden Tracts, Lot 15, Section 41, from "F-R" Farm-
Rural District to "R-1 B" One-family Dwelling District; amending the Comprehensive Plan
to account for any deviations from the existing Comprehensive Plan; providing a penalty.
An emergency was declared, and the foregoing ordinance was passed and approved
with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez,
Noyola, and Scott, voting "Aye".
Mayor Garrett referred to Item 24, and a motion was made, seconded, and passed to
open the public hearing on the following zoning case:
Case No. 0606-04. Hoaan Development Co.. L.P.: A change of zoning from a "F-R"
Farm-Rural District to a "R-1 B" One-family Dwelling District, being 26.53 acres out of the
Flour Bluff and Encinal Farm and Garden Tracts, Lot 1 and a portion of Lot 2, Section
32, located on Holly Road approximately 2,560 feet east of Lexington Road.
City Secretary Chapa stated that the Planning Commission and staff recommended
approval of the "R-1 B" One-family Dwelling District.
..........'..-
Minutes - Regular Council Meeting
July 25.2006 - Page 9
No one spoke in opposition to the zoning change. Mr. Kelly made a motion to close the
public hearing, seconded by Mr. Garcia, and passed. City Secretary Chapa polled the Council
for their votes as follows:
24. ORDINANCE NO. 026895
Amending the Zoning Ordinance, upon application by Hogan Development Co., L.P., by
changing the zoning map in reference to 26.53 acres of Flour Bluff and Encinal Farm
and Garden Tracts Lot 1 and a portion of Lot 2, Section 32 from "F-R" Farm-Rural
District to "R-1 B" One-family Dwelling District; amending the Comprehensive Plan to
account for any deviation from the existing Comprehensive Plan; providing a penalty.
An emergency was declared, and the foregoing ordinance was passed and approved
with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez,
Noyola, and Scott, voting "Aye"
Mayor Garrett referred to Item 25, and a motion was made, seconded, and passed to
open the public hearing on the following zoning case:
Case No. 0606-05. Cross Road Builders: A change of zoning from a "F-R" Farm-Rural
District to a "R-2" Multiple Dwelling District with a "PUD-2" Planned Unit Development 2
Overlay in Sunshine Acres, a portion of Block 11, Lot 13, located on the north side of
Wooldridge Road and approximately 1 ,200 feet west of Rodd Field Road.
City Secretary Chapa stated that the Planning Commission and staff recommended
approval of the "R-2" Multiple Dwelling District with a "PUD-2" Planned Unit Development 2
OVerlay subject to the submitted site plan for 20 townhouses and the five (5) conditions.
Acting Assistant Director of Development Services Faryce Goode-Macon reported that
the applicant was requesting the zoning change for the development of 20 town houses in five
fourplexes. She said the townhouses would be a mix of one- and two-story units ranging in size
from 1500 to 1,770 square feet.
Ms. Macon stated the applicant proposed property access off Wooldridge Road, a two-
lane rural highway that was scheduled for a number of Bond 2004 improvements. She said the
existing property to the north and to the west of the subject property called for low-density
residential development. In addition, she said the applicant planned to locate the townhouses
next to the existing drainage ditch along the eastside of the property, with the parking area and
private road to the west.
Ms. Macon stated that the subject property was a narrow, 150-foot wide remnant of land
from a single-family subdivision (Windsong). She said that due to the narrowness, shallow
depth, and lack of access from adjoining subdivisions, single-family use would be an inefficient
use of the property. Ms. Macon displayed a number of photos of the subject property.
Ms. Macon reported that the applicant was requesting a Planned Unit Development
(PUD) 2 Overlay, which would provide the following features: buildings shall not exceed two
stories; outdoor lighting shall be directed away from the adjacent single-family residential
neighborhoods; and construction of townhouse project shall commence within two years from
the approved ordinance date. Moreover, she said two additional conditions were imposed
retarding landscaping and screening fence requirements.
Minutes - Regular Council Meeting
July 25, 2006 - Page 10
In conclusion, Ms. Macon stated that staff was recommending approval of the applicant's
request subject to the submitted site plan for 20 townhouses.
Mayor Garrett called for public comment. The following individuals spoke in opposition
to the proposed development, citing drainage problems, privacy, and traffic concerns: Ms.
Freddie Sampson, 2324 Woodway; and Ms. Mary Myress.
In response to the residents' concerns about drainage, City Engineer Angel Escobar
stated that several projects were currently underway to address the drainage problems. One
project was the Mary Carroll Ditch outfall, which ran underneath Rodd Field and out to Oso Bay,
was being widened and deepened. In addition, he said the city needed to clean and perform
maintenance on the aforementioned ditch precisely at the location of Wooldridge and this new
development. He also said the city was working with TxDOT to replace the existing wood
bridge, enlarging it so it could handle a 100-year flood event. The project would be let in
September, with construction beginning in October 2006.
Mayor Garrett expressed concern about backyard privacy issues for the residents. Mr.
Kinnison pointed out that the plan was to erect a screening fence between the subject parcel
and the homes on Windsong Drive. In addition, he said landscaping and a street would
se.-nate the proposed development from the residents. Ultimately, he said the space between
the back fence of the Wind song residences and the front of the proposed townhouse was close
to 59 feet. He said the back of the townhouses would face the drainage ditch. He said the
developer had in effect moved the townhouses as far back from the residences as possible.
Mr. Garcia asked why the developer was requesting a PUD. Acting Director of
Development Services Michael Gunning replied that initially, the developer had only requested
an "R-2" zoning change. but due to the neighborhood's concerns, he heeded staff's
recommendation to consider a Planned Unit Development. He said the developer than worked
with the neighborhood to determine the location and footprint of the townhouses to create as
mueh distance between them as possible. He said the Planned Unit Development would
ensure that the development would be built exactly as shown in the site plan.
Councilmember Garcia asked Mr. Joe Garcia, the developer, if he had sought the
neighborhood's input on the project. Mr, Garcia, 4626 Weber Road, replied that he had spoken
with a gentleman representing the residents and offered to make a presentation on the
development. He said unfortunately, the gentleman said the residents could not agree on a
date, so he said he would contact Mr, Garcia later, Mr. Garcia said the gentleman never
contacted him, so consequently a meeting was not held; however, he said he did make himself
available to the residents. He said he tried to be as sensitive to the neighborhood's needs as
possible
Councilmember Garcia stated that after studying Mr. Garcia's plan, he felt the plan
addressed the drainage and parking concerns that the residents had raised. Mr. Garcia agreed,
saying that he felt his plan provided the best and probably the only use for the subject property.
In response to Mr. Noyola's question, Mr. Garcia said the subject property was too narrow (150
feet) for a single-family development. He felt the proposed development would actually benefit
the neighborhood rather than detract from it.
Mr. Noyola commented that of the 58 notices mailed out, 28 notices were returned in
opposition to the development. He was surprised that the residents didn't try harder to schedule
a meeting. He asked if any efforts were made to meet after the Planning Commission public
hearing. Mr Garcia replied that he had made himself available.
.....,.,. .;.'l1III'"
Minutes - Regular Council Meeting
JtJy 25, 2006 - Page 11
Mr. Kinnison asked how the proposed screening fence would fit in with the existing
retidential fences. Mr. Garcia replied that he proposed taking down the existing residential
felltces and erecting a new, six-foot screening fence over the entire length of the property. He
said the fence would have either brick or stucco columns in between the fence. In addition, he
said he would place a landscape strip on the development's side. He said the fence
maintenance would then become the development's responsibility.
In response to Mr. Kinnison's question, Mr. Garcia stated that only the middle units
would be two-story; the outside units would be one-story. He said the units would be 1580 to
1784 square-feet. and run $90 to $100 a square foot. He emphasized that units would be
quality, high-end units that would benefit the entire area.
Mr. Chesney stated that he was disappointed that the Mr. Garcia didn't make more of an
effort to meet with the neighbors, especially since there was strong opposition to the project. He
said Mr. Garcia might have avoided the controversy if he had tried to find a compromise. Mr.
Garcia reiterated that he had made himself available to the residents. Mr. Chesney replied that
the burden was on the developer to make an effort to arrange a meeting; he also said staff
could have advised Mr. Garcia on how to arrange a meeting. Mr. Chesney stated that he would
like to table the item to allow the residents and the developer time to meet.
Discussion ensued between Mr. Noyola and Mr. Chesney regarding Mr. Garcia's efforts
to meet with the residents. Mr. Chesney stated that Mr. Garcia could have met with the
approximately 40 residents who attended the Planning Commission meeting. While he agreed
that the proposed development was probably the best use for the subject property, Mr. Chesney
said his criticism was that there were no efforts by staff or the developer to reach a compromise.
Mr Scott stated that in his seven years serving on the Council, the developer was
always blamed when there was a failure to communicate, despite their efforts. He said he didn't
understand why Mr. Gunning was to blame for not arranging a meeting, because the Planning
Commission had voted unanimously in favor of the development. He commented that
hypothetically, if a single-family development were constructed on the subject property, the
requisite zoning would allow the development to be five to fifteen feet from the Windsong
restdences' fence line. He said the proposed development would be 56.5 feet from the
residence property lines, ensuring more privacy for the neighbors. Mr. Scott agreed that the
proposed development was probably the best development solution for the area.
Mr. Marez stated that while he liked the proposed development because it was a good fit
for the property, he nevertheless expressed concern that the developer did not speak to the
residents. In light of the strong opposition to the zoning change, he said the developer should
have made an effort to include the residents in the process. He said if Mr. Chesney still wished
to table the item, he would support him. Mr. Garcia replied that if the Council were to table the
Item, he would abide by their wishes; however, he said the development had time constraints
anCI financing schedules to consider
Mr. Chesney made a motion to table the item until the next regularly scheduled Council
meeting (August 22), with direction to staff to schedule a meeting between the developer and
the residents in the evening; seconded by Ms. Cooper; and passed (Kelly and Kinnison voting
"No')
25. TABLED UNTIL AUGUST 22. 2006
~.,-
Minutes - Regular Council Meeting
July 25, 2006 - Page 12
/'.Il-lOnEliAg the Zoning Or:dinanco, uf)on J~f)liC3tion BY Cr:oss RBJd 8uilders, I:>y ohanging
tho zoning map in roforonGo to Sunshino ^OFOS, a f)ortion of 810ek 11, lot 1 J, fr:om "F R"
FJrm Rural Distriot to "R 2" Multif)le D':..elling Distriet witA J "PUD 2" Planned Unit
Dcveleflmont 2 Overlay, sul:>ject to a Gito fllan and five oonditions; amending tho
Comprohensi'J8 PIJA to Jccount for Jny de'.'iJtions from the oxisting COA1f)r:ohcmsive
Plan; providing a ponalty.
Mayor Garrett referred to Item 26, and a motion was made, seconded, and passed to
open the public hearing on the following zoning case:
Case No. 0606-07. Rov D. Bennett: A change of zoning from a "R-1 B/SP" One-family
Dwelling District with a Special Permit to a "B-1" Neighborhood Business District, Guth
Parkside Annex, Lot 4A, Block 1, located along Rand Morgan Road and approximately
41 0 feet south of UpRiver Road.
City Secretary Chapa stated that the Planning Commission and staff recommended
deaial of the "B-1" Neighborhood Business District, and in lieu thereof, approval of a "B-1"
Neighborhood Business District on the front portion of the property and "B-1A" Neighborhood
Business District on the rear portion of the property, per the metes and bounds description.
No one spoke in opposition to the zoning case. Ms. Cooper made a motion to close the
pu81ic hearing, seconded by Mr. Garcia, and passed.
Mr, Kelly asked if the city was promoting speculative zoning in this case. Acting
Assistant Director of Development Services Faryce Goode-Macon replied that the applicant had
not submitted a site plan for the subject property at this time. She noted that the applicant
operated a trampoline repair shop on the property through a Special Permit since 1994, but the
current zoning did not allow for commercial use. She said Mr. Bennett's rationale was that if he
did not attract the businesses that he was marketing to, then he would at least have the correct
zoning for his existing business. Mr. Gunning added that the zoning request gave the city the
optOrtunity to put a "B-1A' district in place to protect the residential neighborhood, which may
be difficult to obtain in the future,
Mr. Kelly asked the applicant to come forward. Mr. Roy Bennett, the applicant,
explained that he currently had a contract to sell the subject property to an ambulance service
company. Mr. Kelly asked what type of zoning would be required for an ambulance service
business. Mr. Gunning replied that this type of business could probably go into a "B-1" district,
depending on how extensive their fleet was and the type of vehicle storage. He said staff would
have to work with the potential buyer to determine the appropriate zoning. Mr. Kelly replied that
out of deference to the applicant, If the zoning he was requesting wasn't going to work for his
buyer, then perhaps the process needed to slow down. Mr. Gunning stated that staff could
pO$tpone the item for two weeks to allow staff to speak with the prospective buyer. Mr. Kelly
said he was ready to vote now unless the applicant wished to delay the vote. Mr. Bennett
replied that he was ready to proceed. City Secretary Chapa polled the Council for their votes as
follows:
26. ORDINANCE NO. 026896
~.....,-
Minutes - Regular Council Meeting
July 25, 2006 - Page 13
Amending the Zoning Ordinance. upon application by Roy D. Bennett, by changing the
zoning map in reference to Guth Parkside Annex, Lot 4A, Block 1, from "R-1 B/SP" One-
family Dwelling District with a Special Permit to "B-1" Neighborhood Business District in
the front portion of the property facing Rand Morgan Road and "B-1A" Neighborhood
Business District in the rear portion of the property; amending the Comprehensive Plan
to account for any deviations from the existing Comprehensive Plan; providing a penalty.
An emergency was declared, and the foregoing ordinance was passed and approved
with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison. Marez,
Noyola, and Scott, voting "Aye".
* * ~ * * * * * * * * * *
Mayor Garrett referred to Item 27, a presentation on the Automated Meter Reading
(AlAR) initiative - Year 1 expansion update. Assistant City Manager Oscar Martinez stated that
the presentation related to Item 28 on the regular agenda, which authorized a number of AMR
cOfltracts. He introduced Mr. Mike Barrera, procurement and general services manager, who
wauld be making the presentation.
Mr. Barrera briefly described the city's vision for implementing the AMR system. He then
provided a project update for Year 1 as of July 21, 2006. He said the total AMR converted
meters at the end of Year 1 were 17,390 (water meters - 8,919; gas meters - 8,471).
Mr. Barrera reviewed a chart illustrating the anticipated AMR meter conversions over all
the expansion years. He said between Years 2, 3, 4, and 5, staff anticipated an additional
32,000 meters to be converted per year. At the end of Year 5, staff estimated that 147,554
meters would be converted in total (water and gas meters).
Mr. Barrera discussed a slide providing a cost comparison between manual and AMR
meter reading methods. He noted that after AMR implementation, the billing on both water and
gas accounts increased by 12 percent, while consumption increased by 11 percent for water
and seven percent for gas. Mr. Kinnison noted that the cost savings could be attributable to
other factors besides AMR such as increased usage due to the weather. He also stated that
the recent rate increases could have led to the increases.
Mr. Barrera covered a slide depicting the project budget review. Mr. Barrera stated that
the adopted FY 2005 CIP budget was $28,056,638 for Years 1 through 5. He said the proposed
restated CIP budget was $26,709,883, including infrastructure and meter replacement for Years
1 through 5. He said the restated CIP budget amounted to a reduction of $1,346,755 over five
years; thus, staff would be presenting a CIP budget next FY with the programmed reduction.
Mr. Barrera briefly discussed the city's return on investment, based on a 20-year cycle.
He said the realigned project costs were $26,709,883; the AMR anticipated savings and cost
avoidance was estimated at $1,633,361 Thus, he said the AMR breakeven point would be
realized on Year 14 of the 20-year cycle
In conclusion, Mr. Barrera said staff's recommendation was that the Council approve the
corttracts in Item 28.a. and 28.b. with Northrop Grumman Commercial Information Systems and
RAM Technologies, Inc. respectively for AMR project expansion in Years 2 through 5.
Ms. Cooper and Mr. Marez spoke in support of the AMR/WiFi project, saying the city
was receiving positive media coverage regarding the project.
Minutes - Regular Council Meeting
July 25, 2006 - Page 14
Mr. Kinnison asked about the projected lifespan of the equipment. Mr. Barrera replied
that the actual meters had a normal lifespan of 10 years. Mr. Christopher Minton, vice-president
of RAM Technologies, added that the MTU, the unit that sat on the meter and transmitted the
signal, had a 20-year lifespan, according to the vendor. In response to Mr. Kinnison's question,
Mr. Minton said the city would begin replacing meters according to their current replacement
program beginning in Year 12. Mr. Kinnison asked if the project costs included meter
replecement beginning in Year 13 or 14. Mr. Barrera replied negatively. Mr. Barrera asked how
mueh of the proposed $26.7 million CIP budget would be spent on replacement costs. Mr.
Minion replied they identified costs of $2.5 million for replacement costs in Year 16-20, or
$650,000 per year beginning in Year 16. Finally, Mr. Kinnison asked if there were any concerns
about technology changes during this time period that would render the equipment obsolete.
Mr. Minton replied that the city had an in-force maintenance agreement with the vendor that
they will support the technology during the time period.
* * k * * * * * * * * * *
Mayor Garrett opened discussion on Item 28 regarding contracts to expand the AMR
Project for Years 2 through 5. There were no comments from the public. City Secretary Chapa
polted the Council for their votes as follows:
28.a. MOTION NO. 2006-239
Motion approving the Expansion Phase years 2 through 5 of the Automated Meter
Reading project, including infrastructure rehabilitation, with Northrop Grumman, of
Herndon, Virginia, in the amount of $14,948,639. Funding has been programmed in the
adopted FY2005 Capital Budget and will be included in the FY2007 Capital Budget.
The foregoing motion was passed and approved with the following vote: Garrett,
Chesney, Cooper, Garcia, Kelly, Marez, Noyola, and Scott, voting "Aye"; Kinnison voting
"No"
28.b. MOTION NO. 2006-240
Motion approving a consulting contract with RAM Technologies, Inc., of Fort
Washington, Pennsylvania for contract management and technical assistance necessary
for implementation of Expansion Phase Years 2 through 5 of the citywide Automated
Meter Reading project, including rehabilitation, in the amount of $1,280,562. Funding
has been programmed in the adopted FY2005 Capital Budget and will be included in the
FY2007 Capital Budget.
The foregoing motion was passed and approved with the following vote: Garrett,
Chesney, Cooper, Garcia, Kelly, Marez, Noyola, and Scott, voting "Aye"; Kinnison voting
"No"
Mayor Garrett opened discussion on Item 29 regarding the FY 2006-07 CC Digital
Community Development Corporation budget (CCDCDC). City Manager Noe explained that the
city was contracting with the CCDCDC to provide a number of connectivity services for
AMRlWiFi. He said the corporation's budget was included in the city's budget. He said at this
point, staff had taken the approach of only including the city's revenues until other contracts are
in place.
-""",",' -
Minutes - Regular Council Meeting
Juty 25,2006 - Page 15
Mayor Garrett asked for public comment. Mr. John Howell, 6617 Parkland Drive, spoke
in support of the WiFi project, and encouraged the Council to continue their support.
Mr Kinnison stated that entire Council supported the WiFi project. His concern,
however, was the lack of a business plan and the lack of a business partner. He asked for an
update on the city's progress in finding a business partner. Director of Municipal Information
Services Ogilvie Gericke replied that the city was currently negotiating with a potential
contractor. He said the city had a preliminary term sheet with the company, but had not
n8Qotiated specific terms such network design and ISP operation. He said unfortunately, the
company has been reluctant to commit to a firm date regarding the final contract. He said that
he hoped the final agreement would be negotiated within the next three or four weeks. City
Manager Noe added that it was no secret that the company in question was Earthlink.
Mr. Kinnison asked staff to provide a briefing on the status of the negotiations. He asked
if the WiFi business plan had been updated since it was last brought to the Council. Mr. Gericke
reJlied affirmatively. Mr. Kinnison asked staff to provide an update on the business plan as
wEIIIl. City Manager Noe added that staff could also provide an update on the outside
consultant's evaluation of the WiFi business plan.
Mr. Kinnison asked that of the $2.5 million in revenues, how much came from the utilities
fund. Assistant City Manager Oscar Martinez replied that most of the costs were allocated
across all departments that could potentially benefit from the WiFi program. He estimated that
approximately $1.3 million of the $2.5 million came from the utility funds. Mr. Kinnison asked
Mr. Martinez to study the matter and then provide a more definite amount.
Mr. Kinnison asked who would ultimately be charged with maintaining the system. Mr.
G.-icke stated that ideally, the maintenance would be performed jointly by the network provider
and the city. The network provider would maintain the system and the city would provide the
ground maintenance. Mr. Kinnison asked if he was experiencing a problem with the network at
9:30 p.m., who would provide assistance. Mr. Gericke replied that he would call his internet
s6J!Vice provider, who would in turn call the network provider. The network provider would
atttmpt to fix the problem remotely. If they were unsuccessful, then the network provider would
generate a work order with city personnel
Mr. Kinnison asked for a breakdown on the Professional Services expense category.
Mr. Martinez replied that the city had captured appropriations currently in the MIS fund and
transferred them to the corporation Of the approximately $1.3 million in the category, he said a
larle portion was comprised of salaries, benefits, and overtime costs. He said the
approximately eight staff members were city employees who were essentially being contracted
out for professional services.
Mr. Kinnison asked how much was budgeted for non-city, outside consultants. Mr.
Gsricke replied that $190,000 was budgeted for outside consultants, $160,000 of which was
COftlprised of the Project Manager's salary and the network services contract.
Mr. Kinnison asked if the city planned to take over city cellular phone services with the
WiFi system. Mr. Gericke answered that the city had the opportunity to acquire phones that can
switch between WiFi and cellular service because they would reduce the city's phone service
costs.
Mr. Kelly asked if the city knew how many individuals had relocated here specifically
because of the WiFi network. Mr. Martinez replied that he did not have empirical information,
Minutes - Regular Council Meeting
Jufy 25, 2006 - Page 16
just anecdotal information. City Manager Noe added that the city had received a positive
response from various businesses looking for opportunities to introduce their software in this
environment. He said the city wished to speak with these companies about job creation
opportunities in the city. He asked Mr John Howell about how he learned about the city's
proposed WiFi network
Ms. Cooper stated that the city had received a tremendous amount of positive publicity
reGJIrding the WiFi project She thanked Mr. Gericke and Mr. Leonard Scott with MIS for their
efforts. City Secretary Chapa polled the Council for their votes as follows:
29. RESOLUTION NO. 026897
Resolution approving FY 2006-2007 Budget for CC Digital Community Development
Corporation ("CCDCDC").
The foregoing motion was passed and approved with the following vote: Garrett,
Chesney, Cooper, Garcia, Kelly, Marez, Noyola, and Scott, voting "Aye"; Kinnison voting
"No"
* .~ * * * * * * * * * * *
Mayor Garrett called for a brief recess to present proclamations.
* * * * * * * * * * * * *
Mayor Garrett called for petitions from the audience. Mr. Johnny French, 4417 Carlton,
and Mr. Bill Kopecky, 3609 Topeka, spoke regarding the beach access charter amendments
and referendum election.
The following individuals spoke regarding the beach access charter amendments and
referendum election, and proposed a charter amendment changing the City Council election
date to November: Rene Saenz, 6022 Sweet Gum; Danny Noyola Jr., 4132 Kevin; Jesse
Molina, 4314 Leonard; and David Noyola.
Mr. Ralph James, 3947 Sessions Road, spoke and distributed photos regarding
draklage problems in his area.
Mr. Jack Gordy, 4118 Bray, spoke regarding the city's highway beautification ordinance
with respect to illegal signs
Mr. John Kelley, 3621 Austin, spoke regarding Councilmembers Garcia and Scott's
alleged conflict of interest regarding the beach closure issue because they owned property on
the island. City Attorney Fischer replied that she had looked into the matter and found no
cortlict of interest
Mr. Chesney said he would consider moving the City Council elections to November
rattler than April as suggested by a number of citizens during public comment. He emphasized
the importance of placing the beach access issue on the ballot as soon as possible.
In response to Mr. Noyola's question, City Secretary Chapa said that if the Council
plaoed a charter amendment on the November 2006 ballot, then the city would have to wait until
"~"'.
Minutes - Regular Council Meeting
July 25,2006 - Page 17
the next uniform election date before holding another charter amendment election, which would
be in April 2009.
Mr. John Adams, 307 Katherine, spoke regarding the city's lack of participation in the
TE*as General Land Office (GLO) Beach Watch program. City Manager Noe replied that he
provide the Council with a written response regarding the issue.
Mr. Leonard James Medina, 4609 Brookdale, stated that in 2005, SMG discriminated
against him and Centerplate management sexually harassed him.
k * * * * * * * * * * * *
Mayor Garrett opened discussion on Item 33 regarding the State School Property Master
Plan. Nueces County Commissioner Betty Jean Longoria spoke in favor of the State School
project, and provided a brief history on the project. Councilmember Noyola thanked
Commissioner Longoria for her efforts.
Mayor Garrett stated that the Council would return to the discussion on this item after the
executive sessions
* * * * * * * * * * * * *
Mayor Garrett announced the executive sessions, which were listed on the agenda as
follows:
40. Executive session under Texas Government Code Section 551.071 to receive legal
advice regarding acquisition of real property for new Broadway Wastewater Treatment
Plant, with possible discussion and action related thereto in open session.
41. Executive session under Texas Government Code Section 551.074 for deliberations
regarding the evaluation of the City Secretary, with possible discussion and action
related thereto in open session.
The Council went into executive session. The Council returned from executive session
and the following motions were passed with the following vote:
40. MOTION NO. 2006-245
Motion authorizing the City Manager to execute an amendment to the legal services
agreement with Michael Nasi of Lloyd Gosselink Blevins Rochelle & Townsend P.C. with
Geomatrix as Sub-contractor for entry of proposed (Broadway) Northside Wastewater
Treatment Plant in the TCEQ's Voluntary Clean-up Program, subject to certification of
funds.
The foregoing motion was passed and approved with the following vote: Garrett,
Chesney, Cooper, Garcia, Kinnison, and Marez, voting "Aye"; Noyola voting "No"; Scott
and Kelly were absent.
Minutes - Regular Council Meeting
July 25, 2006 - Page 18
41. MOTION NO. 2006-246
Motion authorizing a 5% salary increase for the City Secretary and payment of 12
additional days of accrued vacation and 13 additional days of accrued sick leave at time
employment ends with the City based on his total annualized compensation at that time.
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 discussion on Item 33, the State School Master Plan. Director
of Parks and Recreation Sally Gavlik provided a brief history on the State School Park and
SpOrts Complex. She said the Council approved the State School Master Plan in June 2005. In
July 2005, she said staff submitted Phase I of the plan to the Texas Parks and Wildlife Outdoor
Recreation Program, using Bond 2004 funds as a grant match. She said in January 2006, staff
was informed that the Phase I proposal was rejected by the Texas Parks and Wildlife
Commission, citing several areas of deficiency. First, she said the commission said the
proposed site could not be considered a non-city property due to the way the land had been
purchased Second, she said they recommended that the city diversify the types of amenities
offered in the plan.
Ms. Gavlik reported that staff planned to resubmit the proposal to the Texas Parks and
WiJcjlife Commission this month, with the Council's concurrence. She noted that Nueces County
would be providing a portion of the funding. She said the resubmission addressed the
commission's concerns by including a provision for approximately two acres of land from the
neighboring Corpus Christi State School for a "Miracle Field", which would be funded through
donations from local Rotary Clubs. In addition, she said the plan incorporated Councilmember
Noyola's suggestion to change a number of the soccer fields to football fields, increasing the
number of amenities.
Ms. Gavlik introduced Mr. Bruce Boswell with the Corpus Christi State School, one of the
city's partners in the project. Mr. Boswell said the State School was excited to be part of this
colleborative effort, along with the city, Nueces County, and local Rotary Clubs. He said the
project would greatly enhance and increase the recreational opportunities for people with
disabilities In the communit\'
Ms. Gavlik introduced Mr. Bryan Devaney with the Rotary Club. Mr. Devaney described
the plans for the Miracle Field, which would be accessible to both children and adults with
disabilities. He said he approached the city about a month ago with the concept. He said the
Rot8ry Clubs planned to raise approximately $200,000 for the field, which would provide for the
following amenities: rubberized turf, lighting, dugouts, bleachers with concrete pads,
windscreen, equipment, and fencing.
Mr. Kelly asked if there were any plans to add softball fields. Ms. Gavlik replied
neglltively, not on the subject property because the plan needed to include new amenities,
whieh were not currently available in the area, to be considered for the grant. She also said
th~ was currently no funding to add softball fields. Mr. Kelly asked if the additional softball
fields could be considered during Phase III of the project. Ms. Gavlik replied affirmatively.
Mr. Noyola thanked staff for their efforts. He also thanked them for adding the soccer
and football fields. He offered his assistance as well in making this happen for the community.
Minutes - Regular Council Meeting
July 25,2006 - Page 19
In response to Mr. Marez's question, Ms. Gavlik replied that a small modular skate park
was included in the plan. She said the original master plan called for small modular skate parks
areund the city, and one large central skate park being sponsored by the Junior League. Mr.
Merez spoke in support of the plan.
Mr. Garcia spoke in support of the project, and congratulated Parks and Recreation staff
for their efforts. He said he was anxiously waiting to see if the project would receive funding.
Mayor Garrett called for public comment. Mr. David Noyola spoke in favor of more city
control over naming rights for little league fields and facilities. Mr. Billy Delgado with Parks and
Recreation replied that the leagues were leasing the fields from the city; this was the extent of
the city's involvement. He said the leagues used sponsorships to raise funds, and the city had
no control over the naming process. City Manager Noe added that the city had a process for
naming fields it owned and operated, but it did not control the process for leased fields.
Mr. Andrew DuArte, 1203 Van Loan Avenue, thanked the city for including football fields
in the plan, saying they were badly needed in that area. City Secretary Chapa polled the
Council for their votes as follows:
33. RESOLUTION NO. 026898
Resolution authorizing the City Manager or his designee to submit a grant application to
the Texas Parks and Wildlife Department in the amount of $400,000 for planning,
developing and implementing the State School Property Master Plan, with a City Match
of $400,000 from the Bond 2004 Fund, and a total project cost of $800,000.
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 30 regarding the adoption date of the ad
vatvrem tax rate. Director of Financial Services Cindy O'Brien stated that staff was
recommending that the proposed ad valorem tax rate of $0.607406 per $100 valuation be
offlcially adopted on September 12. In addition, she said staff proposed scheduling two publiC
hearings for the tax rate on August 22 and August 29. She explained that the State Property
Tax Code required that two public hearings be held when a taxing unit proposed imposing a tax
rate that exceeded the lower of the effective tax rate or the rollback rate. She noted, however,
that until the city received the Certified Appraisal Roll, the actual effective tax rate could not be
calculated She said once the calculations were completed, if staff determined that the
proposed tax rate did not exceed the lower of the effective tax rate or the rollback rate, the
PUblic hearings would not be necessary
Assistant City Manager Oscar Martinez added that although the city had still not
received the Certified Appraisal Roll, staff had studied preliminary data and estimated that the
growth rate would be approximately 8.8 percent. Consequently, he said the increase in
appraised values would provide the opportunity to maintain the effective tax rate on the
maintenance and operation side of the budget and possibly reduce the tax rate. He said
therefore, that while staff was presenting a tax rate of $.408231, the rate may actually decrease
by another five to six tenths of a cent. He said staff would keep the Council informed as more
infGrmation was available. He cautioned, however, that as the effective tax rate decreased, the
city's ability to earn revenue off the growth was also reduced.
~""-'''''''''''i
Minutes - Regular Council Meeting
July 25, 2006 - Page 20
Mayor Garrett asked if the Council would consider holding one of the ad valorem tax rate
public hearings in the evening. City Manager Noe replied that staff had set the hearings to
begin at 10:00 a.m. to coincide with the Council meetings, but the Council could change the
time if they preferred. Mr. Noyola spoke in favor of the holding a public hearing in the evening.
On second thought, Mayor Garrett rescinded his request, but asked staff to be sure to publicize
the hearings well. Ms. O'Brien replied that publications would be sent to the Caller-Times and
the city would publicize the hearings on the city's website as well as the public access channel.
Mayor Garrett asked for public comment. Mr. J.E. O'Brien, 4130 Pompano, spoke
regarding his concern that the city actually planned to raise taxes since they were planning to
hold public hearings per the State Property Tax Code, which called for hearings when taxes
were increased over three percent. Ms. O'Brien replied that the State code abolished the three
percent threshold last year, replacing it with the effective tax rate or rollback rate, whichever was
10lNer
Mr. Kinnison stated that only a few years ago, the city was concerned about how close it
was to reaching the rate cap. He asked staff to calculate how close the city was to the rate now;
he Delieved there was at least a 12-cent spread.
Mr. Scott asked for a copy of a map indicating the property valuations for the different
areas in town. He said his sense was that certain areas of town, like the island, were seeing
double digit increases in valuations annually, while other parts were seeing single digit
increases. Mr. Martinez said staff would provide a map. City Secretary Chapa polled the
Council for their votes as follows:
30.a. MOTION NO. 2006-241
Motion setting September 12, 2006 as the date for the adoption of the ad valorem tax
rate of $0.607406 per $100 valuation.
The foregoing motion was passed and approved with the following vote: Garrett,
Chesney, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye"; Cooper was
absent.
30.b. MOTION NO. 2006-242
Motion setting a public hearing on the ad valorem tax rate for August 22, 2006 and a
second public hearing for August 29, 2006, during the regular City Council meeting
beginning at 10:00 a.m. at City Hall, 1201 Leopard Street, Corpus Christi, Texas.
The foregoing motion was passed and approved with the following vote: Garrett,
Chesney, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye"; Cooper was
absent.
Mayor Garrett opened discussion on Item 31 regarding an amendment to the
Convention and Visitors Bureau (CVB) contract adding a non-voting representative from the
COfI:>us Christi Airport. City Secretary Chapa pointed out that the Council had the option to
appoint a representative today. Mayor Garrett asked that staff schedule the appointment on
Au.ust 22. City Secretary Chapa polled the Council for their votes as follows:
"..,,,,.,,..-
Minutes - Regular Council Meeting
July 25,2006 - Page 21
31. MOTION 2006-243
Motion authorizing an amendment to the Consulting Services Agreement with the
Corpus Christi Convention and Visitors' Bureau approved on July 11, 2006, by
appointing a non-voting member to represent the Corpus Christi International Airport.
The foregoing motion was passed and approved with the following vote: Garrett,
Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye".
Mayor Garrett opened discussion on Item 32 regarding an amendment to a contract for
the Greenwood Wastewater Treatment Plant 4 MGD Expansion. City Engineer Angel Escobar
explained that the contract would allow the project to enter the design phase. He said the
project would allow the plant to increase its capacity from 8 MGD to 12 MGD. He said the
increased capacity would meet that area's needs until 2025. He said the expansion would take
place on the southern part of the city-owned land adjacent to the plant. He noted that the
project also included a peak flow storage basin and effluent pump station that would improve
wastewater delivery to the Gabe Lozano Golf Course. He said the project would begin
construction in July 2007 and completed in mid-summer to early fall 2008. He said the final
capacity of the plant would be 12 MGD with a peak of 48. There were no comments from the
audience. City Secretary Chapa polled the Council for their votes as follows:
32. MOTION NO. 2006-244
Motion authorizing the City Manager or his designee to execute Amendment No. 1 to the
Contract for Professional Services with Alan Plummer Associates, Inc., of Fort'Worth,
Texas in the amount of $2,055,941.87 for a total re-stated fee of $2,365,941.87, for
Greenwood Wastewater Treatment Plant 4 MGD Expansion (8 MGD to 12 MGD).
The foregoing motion was passed and approved with the following vote: Garrett,
Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye".
Mayor Garrett opened discussion on Item 34 regarding the Airport International Business
Centre. City Secretary Chapa announced that Mr. Noyola would be abstaining from the vote
and discussion regarding this item. Director of Aviation Dave Hamrick stated that the subject
property was comprised of approximately 56 acres of land, bounded by State Hwy. 44 West of
International Drive, north of Glasson, and east of Pinson Road. He stated that the EDC referred
the Scannell Development Corporation as an interested party in developing the acreage. He
said the company had developed over a quarter billion dollars worth of property in 23 states,
and had a good reputation. He displayed photos of a number of their current projects in
Chicago and Virginia.
Mr Hamnck stated that staff negotiated a real estate option agreement for a 33-month
periOd with a 40-year ground lease, comprised of a short- and a long-term lease. He said the
aglieement included an increase in the rental rate of 7.5 percent every five years. To ensure
th. the city was entering into a favorable arrangement, he said staff consulted with a local real
estate professional as well as a local real estate attorney. He said the city had the potential to
eam over $365,000 a year on the proposed lease. He reported that Scannell Properties already
had three companies expressing interest in building on the property. There were no comments
from the audience. City Secretary Chapa polled the Council for their votes as follows:
~. '''-
Minutes - Regular Council Meeting
July 25, 2006 - Page 22
34. FIRST READING ORDINANCE
Authorizing the City Manager to execute a Real Estate Option Agreement with Scannell
Development Company or its subsidiary in consideration of $1.00 option fee for the first
option period of nine (9) months, $20,000 for next successive twelve (12) months and
$20,000 for next successive twelve (12) month period, to lease all or part of
approximately 56 acres of land in Phase 1 of the Corpus Christi International Airport
Business Centre (State Highway 44 west of International Drive north of Glasson and
east of Pinson Road) at annual rate of twenty-five cents per square foot for property
which fronts International Drive, and annual rate of fifteen cents per square foot for all
other property, to be increased every five years by 7.5%, for a term of forty years with
two successive five year options to renew.
The foregoing ordinance was passed and approved on its first reading with the following
vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, and Scott, voting "Aye";
Noyola abstained.
Mayor Garrett opened discussion on Item 35 regarding the addition of an Industrialized
Housing provision in the city code. Acting Director of Development Services Michael Gunning
repled that the city currently did not have any regulations regarding the location of industrialized
housing, or modular-type housing, in the community. He said the ordinance adopted
regulations regarding construction and installation of industrialized housing as follows: have
equal or greater value than the median taxable value for each single-family dwelling located
within 500 feet of the lot; have an exterior appearance compatible with the single-family
residences within 500 feet of the lot; comply with municipal building setbacks; and be securely
fixed to a permanent foundation.
Mr. Gunning stated that staff met with local representatives of the industrialized housing
Industry on June 30, 2006, to discuss the ordinance. He said the ordinance was modified to
address their concerns, and a revised draft was sent to the representatives for review. He said
staff received no further comments. There were no comments from the audience.
Mr. Kelly pointed out that there appeared to be a loophole in the proposed ordinance.
He said the ordinance stated that there would not be a distinction between whether the housing
or buildings were manufactured or constructed on site in an existing subdivision. Mr. Alonzo
Garza, building official, replied that the paragraph in question was taken verbatim from the State
bill's language. City Manager Noe replied that staff would look into the matter and address it in
the second reading of the ordinance. City Secretary Chapa polled the Council for their votes as
follows:
35. FIRST READING ORDINANCE
Amending Chapter 14 "Development Services" to include Article XII "Industrialized
Housing" to provide for regulation of the construction and installation of industrialized
housing and buildings within the City; providing a penalty clause; providing a severability
clause; providing a repealer clause; and providing for an effective date.
The foregoing ordinance was passed and approved on its first reading with the following
vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott,
voting "Aye".
Mayor Garrett opened discussion on Item 36 regarding restrictions on large semi-truck
.....' ....,""""'"
Minutes - Regular Council Meeting
July 25,2006 - Page 23
parking in the Packery Channel parking lots. City Engineer Angel Escobar reported that the
preposed ordinance would prohibit and enforce the parking of large commercial vehicles in the
Packery Channel North Shore and the future South parking lots. City Secretary Chapa
announced that Mr, Kelly would be abstaining from the vote and discussion regarding this item.
There were no comments from the public. City Secretary Chapa polled the Council for their
votes as follows:
36. FIRST READING ORDINANCE
Amending the Code of Ordinances, City of Corpus Christi, Chapter 53 (Traffic) by adding
Section 53-177, (Certain vehicles prohibited from entering and parking in certain
Packery Channel area parking lots); renumbering Sections 53-259 through 53-266
(under Article IX, Vision and Passage Obstructions) as Sections 53-260 through 53-267;
amending Article VIII (Schedules) by adding a new Section 53-259 (Packery Channel
Parking Lots Restrictions); providing for penalties.
The foregoing ordinance was passed and approved on its first reading with the following
vote: Garrett, Chesney, Cooper. Garcia, Kinnison, Marez, Noyola, and Scott, voting
"Aye"; Kelly abstained.
Mayor Garrett opened discussion on Item 37, the second reading of the Compensation
and Classification ordinance. There were no comments from the public. City Secretary Chapa
palled the Council for their votes as follows:
37. ORDINANCE NO. 026899
Amending the Code of Ordinances by revising Section 39-300 Policy; revising Section
39-303, Standard Classifications, Pay Plans, Pay Grades, and Ranges, as amended;
revising Section 39-308 Temporary Employees; revising Section 39-312 Retirees
Participation in the City's Group Health Insurance Program at Group Rates; revising
Section 39-318 Discretionary Payment for Involuntary Termination; revising Section 39-
324 Holidays; revising Section 39-333 Plan I Personal Leave; revising Section 39-334
Plan I Bereavement Leave; revising Section 39-337 Plan I Use of Sick Leave; revising
Section 39-338 Plan I Use of Personal Leave and Vacation in lieu of Sick Leave; revising
Section 39-339 Plan I Payment of Sick Leave Upon Termination; revising Section 39-
348 Plan II Payment of Vacation Leave Upon Termination; revising Section 39-349 Plan
Ii Personal Leave for Plan II Employees; revising Section 39-352 Plan II Use of Sick
Leave; revising Section 39-353 Plan II Use of Personal Leave and Vacation in lieu of
Sick Leave. revising Section 39-355 Plan II Payment of Sick Leave Upon Termination;
revising Section 39-360 Leaves with Pay Deemed Beneficial to City Operations;
repealing all other ordinances and rules, or parts of ordinances and rules, in conflict with
this ordinance; providing for an effective date and providing for severance.
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 38, the second reading of the proposed
fe.lrate increases included in the FY 2006-2007 budget. Mayor Garrett called for public
comment. Mr. J. E. O'Brien, 4130 Pompano, spoke against the proposed utility rate increases in
the budget. Mr. Kinnison pointed out that the utility rate increases were distorted by the
increase in the cost of gas
Minutes - Regular Council Meeting
July 25. 2006 - Page 24
City Secretary Chapa announced that Mr. Noyola was abstaining from the vote and
discussion on Items 38.f. and 38.g. He polled the Council for their votes as follows:
38.s. ORDINANCE NO. 026900
Amending the Code of Ordinances, City of Corpus Christi, Chapter 55, Utilities,
regarding water, gas and wastewater rates; providing for severance; providing for an
effective date; and providing for publication. (First Reading 07/18/06)
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".
38.b. ORDINANCE NO. 026901
Amending the Code of Ordinances, City of Corpus Christi, Chapter 21, Garbage, trash
and other refuse, regarding increases to resource recovery fees; providing for penalties;
providing for severance; providing an effective date; and providing for publication. (First
Reading 07/18/06)
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".
38.c. ORDINANCE NO. 026902
Revising Sections 23-57 (3)(b), 19-33(b), 19-49(a), 19-54(b), and 19-56, Code of
Ordinances, by increasing health department fees relating to pool inspections, food
establishment health permits, food manager permits, and food handler permits;
restructuring fee provisions related to specific food establishment health permits;
revising the training requirement and term of food handler permits; revising the term of
food manager permits; providing for severance; providing for penalties; providing for
publication and providing an effective date. (First Reading 07/18/06)
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".
38.d. ORDINANCE NO. 026903
Revising Section 3-42(b), Code of Ordinances, to increase fees for billboard signs;
providing for severance; providing for penalties; providing for publication and providing
an effective date. (First Reading 07/18/06)
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".
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Minutes - Regular Council Meeting
Juty 25; 2006 - Page 25
38.e. ORDINANCE NO. 026904
Amending the Code of Ordinances Chapter 3 Y2 Alarm Systems, by repealing the
existing Chapter and adopting a new Chapter 3 Y2 Alarm Systems providing for
severance; providing for penalties: and providing for publication. (First Reading
07/18/06)
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"
38.1. ORDINANCE NO. 026905
Amending the Code of Ordinances, City of Corpus Christi, Chapter 9, Aviation, by
creating Sections 9-65 through 9-67 providing for rental uses and rates; rental and user
agreements; city owned equipment; providing an effective date; providing for severance;
and providing for publication. (First Reading 07/18/06)
The foregoing ordinance was passed and approved on its second reading with the
following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, and Scott,
voting "Aye"; Noyola abstained.
38.g. ORDINANCE NO. 026906
Amending the Code of Ordinances, City of Corpus Christi, Chapter 9, Aviation, by
creating Section 9-64 providing for a federal inspection fee of $2.50 per international
flight passenger, assessed to the airline; providing for an effective date; providing for
severance; and providing for publication. (First Reading 07/18/06)
The foregoing ordinance was passed and approved on its second reading with the
following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, and Scott,
voting "Aye"; Noyola abstained
38.h. ORDINANCE NO. 026907
Amending the Code of Ordinances, City of Corpus Christi, Chapter 2, Administration,
creating a library collection fee of $10 to be assessed on any account of $25 or more
that is unpaid for 60 days or more, and is referred for collection to a private vendor;
providing for an effective date; providing for severance; and providing for publication.
(First Reading 07/18/06)
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 Garret opened discussion on Item 39, the second reading of the FY 2006-2007
budget adoption ordinance. City Manager Noe noted that the budget may need to be adjusted
wRen the Certified Tax Roll was received.
Mr. Chesney thanked staff for their efforts to lower the tax rate while maintaining service
levels.
~..... - ~
Miftutes - Regular Council Meeting
Juty 25,2006 - Page 26
Mr. Noyola asked If there was any way the city could provide additional funding to the
Instituto de Culturas Hispanicas. Assistant City Manager Martinez stated that the hotel/motel
tax rate may come in higher than estimated. If so, the Council could consider providing
ad4itional funding. Mr. Chesney pointed out that other organizations could also be considered
for additional funding, like the Art Center.
Mr.. Noyola asked about the status of the firefighter contract negotiations. City Manager
Nee said the city was in negotiation with the group about pensions and compensation issues in
a multi-year plan.
Mr. Marez stated that he would like to see funding levels for the Sister City program
increased. City Manager Noe said staff could look at funding the program with any additional
HOT funds. Assistant City Manager Martinez stated that it would make sense to move the
Sister City program from the General Fund to the HOT fund. Ms. Cooper also supported
increasing the Sister City program's funding.
Mayor Garrett called for public comment. Mr. J.E. O'Brien, 4130 Pompano, suggested
that the Council consider the budget adoption ordinance at a time certain. He also spoke
ageinst shifting the Columbus Fleet debt to the taxpayers, and spoke in favor of an internal
auctitor. City Secretary Chapa polled the Council for their votes as follows:
39. ORDINANCE NO. 026908
Adopting the City of Corpus Christi Budget for the ensuring Fiscal Year beginning
August 1, 2006; to be filed with the County Clerk; appropriating monies as provided in
the budget; and providing for severance.
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 called for the City Manager's report. City Manager Noe reported that the
Health department had scheduled four additional Back to School immunization events
throughout the community on the following dates: Aug. 4 - Kostoryz Elementary School; Aug. 5
- Ben Garza Gym; Aug. 10 - West Oso Elementary; and Aug. 26 - American Bank Center.
Mayor Garrett reported that the City Manager's Transmittal report indicated that there
was additional funding for Whitecap Boulevard improvements. City Manager Noe said staff
would report to Council as soon as the design was ready. He said the Hike and Bike Trail would
be considered separately from the street overlay work. Assistant City Manager Ron Massey
stated that the sidewalk contract would be ready for bid in 90 days and 18 months for the street
overlay project.
In response to Mayor Garrett's question, City Manager Noe replied that a number of
focus groups would be organized to discuss the UDC. He said anyone interested in
participating could send him an e-mail. or e-mail Acting Director of Development Services
Miehael Gunning.
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Mi1utes - Regular Council Meeting
July 25,2006 - Page 27
Mayor Garrett called for Council concerns and reports. Mr. Noyola reported that a
Crestmont neighborhood meeting was scheduled at the Firefighter Union Hall to discuss graffiti
problems. Police Chief Bryan Smith reported that the Police was working with the CCISD Police
department to help identify the tagging crews and track them. He said if the city was able to
document the offenses, then they could build a case for a felony offense, which would require
probation and arrest if future offenses were committed. He said the Police department was also
looking at the latest technology to clean up graffiti. Mr. Noyola also announced that the National
Night Out event would be taking place on August 1.
Ms. Cooper invited the Council to attend a meeting of the NLC's International Task
Force on Thursday from 9 a.m. to 4 p.m, and on Friday from 8 a.m. to 12 p.m. She thanked
staff for attending last night's town hall meeting in Flour Bluff, which was well attended. She
announced that the next town hall meeting would be held on August 21 at Grant Middle School,
led by Councilmember Kinnison. Finally, Ms. Cooper asked the city to support an Inclusive
Community resolution being sponsored by NLC, targeted at promoting ethnic diversity and
citizen participation" She said she had provided the City Manager and City Attorney with
information on the resolution, and asked the Council to consider placing the item on the agenda
soon.
Mr. Scott asked City Manager Noe to provide information on the Whitecap Boulevard
improvements to the Padre Island Property Owners Association. Mr. Noe replied that Assistant
City Manager Ron Massey would be attending their board meeting tonight and could inform
them. Mr Scott also asked staff to provide an update on the landscaping portion of the Packery
Channel parking lot project.
Mr. Scott also asked about the possibility of creating a park with access to the Laguna
Madre, possibly on Whiteley Drive. City Manager Noe said staff could look at the feasibility of
this and other options for a park or public access point.
Mr. Scott reported that a soccer league and a baseball leagues in Flour Bluff operated
on federal property. He asked whether the city could provide some level of financial support to
the parks. despite the fact that it was not city-owned land.
Mr. Marez thanked the Council for approving Item 7 on the agenda, which allowed him to
donate his Council salary to a number of non-profit organizations. He thanked the City
Secretary and the Legal department for researching the matter. In addition, he provided the
City Manager with information regarding a resident concerned with junk cars and trash on
Soledad Street.
In response to Mayor's Garrett's question, City Manager Noe said staff was looking at
options for repairing the impound lot.
Mr. Garcia thanked staff for attending the town hall meeting in Flour Bluff. He said he
spoke with two gentlemen about funding for the Laguna Little League and Little Miss Kickball
programs. He said one of the gentlemen was going to speak with Ms. Gavlik about his
concerns. Regarding the UDC, he said the city needed to review the outstanding issues in the
proposed draft. In response to Mr. Garcia's concern about the sign ordinance, Mr. Noe said
staff had received his e-mail and was working on a response.
There being no further business to come before the Council, Mayor Garrett adjourned
the Council meeting at 3:07 p.m. on July 25, 2006.
,......",~
2
........
a. CORPUS CHRISTI CONVENTION AND VISITORS BUREAU BOARD - One (1)
vacancy to represent the category of Corpus Christi International Airport to serve as an ex-
officio, advisory non-voting member.
DUTIES: To solicit various organizations and associations to conduct
meetings/conventions/tradeshows within Corpus Christi year-round; to promote the City as a
year-round destination. to design and implement an advertising campaign with state, national and
international coverage to feature the Corpus Christi area as an attractive region in which to
vacation or have conventions or group meetings; to provide support services to conventions in
Corpus Christi; to operate visitor information centers; to provide information and advice to
businesses interested in tourism and convention-related business in the Corpus Christi area; and
to advise the City on projected growth of tourism and convention-related businesses to assist
City planning efforts.
COMPOSITION: Eleven (11) members selected directly by the City Council. The members
shall be representatives of the following groups: 2 - hotel industry; 2 - attraction industry; 2 _
restaurant industry; and 5 - community at large. The Mayor and City Manager, or their
designees, shall serve as ex-officio non-voting members of the Board. In addition, the Council
will appoint a representative from the Port of Corpus Christi Authority and a representative from
the Regional Transportation Authority to serve as ex-officio advisory non voting members.
'Appointments will be for staggered, two-year terms. No person may serve as a voting member
for a period longer than six years consecutively, unless such service is required by virtue of the
person's position or title or to complete an unexpired term.
MEMBERS
Foster Edwards (At Large)
Robert Tamez (At Large)
John Trice (At Large)
Art Granado (At Large)
Butch Pool (At Large)
Kevin Latone (Hotel Industry)
Jodi Patel (Hote I Industry)
Bob Becquet (Restaurant Industry)
Damon Bentley (Restaurant Industry)
11 Gottsch (Attraction Industry)
Tom Schmid (Attraction Industry)
Vangie Chapa (RTA representative)
Michael Perez (Port ofCC representative)
VACANT (C.C International Airport)
Mayor
City Manager
~..._--
TERM
8-01-08
8-01-08
8-01-07
8-01-07
8-01-08
8-01-08
8-01-07
8-01-08
8-01-07
8-01-08
8-01-07
Ex -officio, non-voting
Ex -officio, non-voting
Ex-officio, non-voting
Ex-officio, non-voting
Ex-officio, non-voting
ORIGINAL
APPTD. DATE
7-18-06
7-18-06
7-18-06
7-18-06
7-18-06
7-18-06
7-18-06
7-18-06
7-18-06
7-18-06
7-18-06
b. CORPUS CHRISTI DOWNTOWN MANAGEMENT DISTRICT - Eight (8) vacancies with
terms to 7-08 and 7-10 representing one of the following: 1) a resident of the district, 2) an
owner of property in the district, 3) an owner of stock, whether beneficial or otherwise, of a
corporate owner of property in the district, 4) an owner of a beneficial interest in a trust that
owns property in the district, or 5) an agent, employee or tenant of one of the above. (Directors
are chosen through the recommendation of the board and the approval of the City Council.)
DUTIES: The district will provide maintenance, security, marketing, and the promotion and
improvement of property and facilities within the district; the district has the authority to levy
taxes or assessments for improvements in the downtown area.
COMPOSITION: The board is composed of at least nine but not more than thirty directors,
servmg four-year staggered terms. The board has taken action to maintain the number of
directors at fifteen.
MEMBERS
Raymond Gignac (PO), Chair
*Eloy Salazar (PO), Vice Chair
*Dottie Clower (A/E/T), Treasurer
Wes Hoskins (PO)
Wayne Lundquist (A/E/T)
*Mark Adame (AlE/T)
*Les Cassidy (PO)
Liz Lomax (PO)
**Ted Stephens (PO)
Manuel U gues (A/E/T)
* Anna Vasquez (A1E/T)
Willard Hammonds, II (PO)
Bill DurriB (A1E/T)
*Dan Richter (PO)
***Leon Loeb (POI
TERM
07 -08
07-06
07-06
07 -08
07 -08
07-06
07-06
07 -08
07-06
07-08
07-06
07 -08
07 -08
07-06
07-08
ORIGINAL
APPTD. DATE
08-21-01
07-27-04
07-01-94
08-22-00
08-22-00
08-22-00
07-27-04
07-27-04
07-01-94
11-09-99
07-27-04
07-27-04
06-10-03
09-11-01
08-21-01
R
PO
SO
A1E/T .
Resident of District
Owner of Property within the District
Owner of Stock or Corporate owner of Property within the District
Agent, Employee or Tenant of one of the above
*Seeking reappointment
**Not seeking reappointment
***Resigned
(The c.c. Downtown Management District Board of Directors are recommending the
reappointment of Eloy Salazar (P/O), Dottie Clower (A/Efl), Mark Adame (A/Efl) Les
Cassidy (PO), Anna Vasquez (A/Efl), and Dan Richter (P/O). The Directors are also
recommending the appointment of Chad Magill (P/O) and Harry Chester (P/O) as new
members.)
Harry Lee Chester, Jr.
President, Corpus Christi Stamp Works. Received
B.S. in Physical Education and Biology. Activities
include: Better Business Bureau board member,
Corpus Christi Executives Association, Associated
General Contractors, Associated Builders and
Contractors, c.c. Chamber of Commerce and C.C.
Hispanic Chamber of Commerce. Recipient of the
2005 Better Business Bureau Torch Award. (PIO)
(8-14-06)
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.
(PIO) (6-28-05)
~""''''"''''
c. HUMAN RELATIONS COMMISSION - One (1) vacancy with term to 6-14-07 representing
the Youth category. (Mayoral appointment with approval of Council)
DUTIES: To study problems of group relationships within the City, and to devise and
recommend to the Mayor and City Council ways and means of discouraging and combating
prejudice, intolerance, and bigotry in all groups in their relations with one another; to discover all
practices and policies calculated to create conflicts and tensions, and to recommend ways and
means of eliminating any unfair or unjust discrimination by or against any person or group.
Recommendations may be presented to the Mayor and City Council directly by the Committee or
it may instruct the Human Relations Administrator to present them to the City Manager.
COMPOSITION: Sixteen (16) members, fourteen (14) of whom shall be appointed by the
Mayor with approval of the Council to study problems of group relationships within the City;
one who shall represent the selling of dwellings, one who shall represent the renting of dwellings
and one member of the staff of the Legal Aid Society to serve continuously, and three (3) shall
not be more than 20 years of age at time of appointment serving one-year terms. Eleven (11)
members shall serve three-year terms. The Chairperson of the Committee for Persons with
Disabilities serving as an ex-officio voting member.
MEMBERS TERMS
Crystal Lyons, Chairperson 6-14-08
Sam Watson 6-14-08
Gilbert Fuentes 6-14-07
Robert Adler 6-14-09
Kelley A Knight 6-14-09
Lucy Reta 6-14-09
Jack English 6-14-08
Rev. Derrick Reaves 6-14-08
Stuart Elovitz, M.D. 6-14-07
O.K. Smith (Selling Dwellings) 6-14-07
Marta Del Angel (Rental Dwellings) 6-14-09
*****Analicia Banales (Youth) 6-14-07
Mariann Bryant (Youth) 6-14-07
Karen Maldonado (Youth) 6-14-07
Linda Falwell-Stover (Com. Per. Dis. Chair) Ex-officio (Voting)
Errol Summerlin (Legal Aide Society) Continuous
ORIGINAL
APPTD. DATES
6-14-05
6-14-05
2-15-05
6-22-04
7 -11-06
6-22-04
7-11-06
7-11-06
9-19-00
2-15-05
7-11-06
7-11-06
7-11-06
7-11-06
*****Declined appointment
INDIVIDUALS EXPRESSING INTEREST
Catie Collins
Junior, Richard King High School. Member of the
National Spanish Honor Society. (Youth) (4-23-05)
......'v,_
Caroline Cooper
Junior, W. B. Ray High School. Activities include: Sea
City Work Camp, Catholic Charities, Star Leadership
Program and Top 20. (Youth) (5-17-06)
Jared Cummings
Junior, Richard King High School. Activities include:
church volunteer, Church Youth President, and multiple
leadership programs at Del Mar and the Lexington. (Youth)
(4-28-05)
Jonathan Flack
Senior, Tuloso-Midway High School. Activities include:
Church Youth group, Student Council President, Who's
Who Among American High School Students, Business
Professionals of America Leadership Academy and Student
Council Project Coordinator. (Youth) (6-08-06)
Amanda Leigh Villarreal
Junior, Calallen High School. Activities include: Calallen
Site Based Decision Making Team, Teen Leadership,
Junior Representative for Church, Sea City Work Day
Camp, Texas Forensic Association, National Forensic
League Association, Calallen UIL Academic, Debate and
Speech Historian and TF A Speech Tourney Facilitator.
(Youth) (5-31-06)
-
d. PARK AND RECREATION ADVISORY COMMITTEE - Four (4) vacancies with two-year
tenns to 8-23-08.
DUTIES: To provide advice on City parks and buildings therein, public outdoor recreation
areas and centers and other grounds under its purview by the City Manager.
COMPOSITION: Eleven (11) members appointed by the City Council, who are residents of
the City and serve without compensation for a two-year term beginning August 23, or until their
successor is appointed The Board elects its Chairman.
MEMBERS
*****Sandra Billish, Chairperson
Garrett Dorsey
*Russell Stowers
Teresa Carrillo
*Dorrinda Garza
Mari Whitworth
Jamie Pyle
Hunter Young
Carl Suding
*Buddy Sparks
Gregory T. Perkes
TERM
8-23-06
8- 23 -08
8-23-06
8-23-07
8-23-06
8-23-07
8-23-07
8-23-07
8-23-07
8-23-06
8-23-07
ORIGINAL
APPTD. DATE
9-14-99
4-18-06
2-14-06
8-23-05
8-20-02
1-18-05
1-18-05
5-18-04
8-17-04
5-10-05
4-22-03
*Seeking reappointment
*****Has met the six-year limitation allowed by ordinance and is ineligible for reappointment
ATTENDANCE RECORD OF MEMBER SEEKING REAPPOINTMENT
NAME
Russell Stowers
Dorrinda Garza
Buddy Sparks
~O. OF MTGS.
THIS TERM
3
9
9
NO.
PRESENT
2
7
0/0 OF ATTENDANCE
LAST TERM YEAR
67%
78%
89%
8
(Note: The Park and Recreation Advisory Committee is recommending the reappointment of
Russell Stowers, Dorrinda Garza and Buddy Sparks and the new appointment of W. Chuck
Rushing. )
OTHER INDIVIDUALS EXPRESSING INTEREST
Jamie Duff
Governmental Intern, CorpusBeat Magazine. Received
B.A. in English from Texas A & M and working towards
M.A. and Post Certification in Accounting. Activities
mclude: Corpus Christi FOCUS and member of Church of
the Good Shepherd Bell Choir. (1-06-06)
~...._""",","
Rene R Gutierrez
Juvenile Probation Officer, Nueces County Juvenile
Probation Department. Received A.A., B.S. in Criminal
Justice and M.A. in Public Administration Management.
Activities include: Leadership Corpus Christi XXXIII,
Mentor, and Youth Continuation Care Coalition. (6-28-06)
Charles Lee
Assistant Principal, Corpus Christi Independent School
District. Received B.S. in Intermediate Studies and M.S. in
Education Administration from Texas A & M University-
Corpus Christi. Member of the Parent Teacher
Organization, ATPE and CCPSA. Received the Teacher of
the Year nomination. (4-17-06)
Judy E. McNamera
Administrator, Caring Senior Service. Received B.S. from
Texas A & M University - Kingsville. Activities include:
member of the STSWS and TRACM. (4-08-05)
Jimmy Mitchell
Retired, Navy Officer. Received A.A. in Travel & Tourism
Meeting Planning Management and B.S. in Biology. Has a
certification in Real Estate and Property Management.
Member of the Corpus Christi Navy League. (
W. Chuck Rushing
Branch Manager, Fugro Consultants LP. Received B.A.
and M.A. in Civil Engineering. Activities include:
Consulting Engineer Council, American Institute of
Architects and avid cyclist, sailor, runner and fisherman.
(7-29-05)
~...,-
e PLANNING COMMISSION - One (1) vacancy with three-year term to 7-31-09.
DUTIES: To make and amend a master plan for the physical development of the City; to
recommend to the City Council approval or disapproval of proposed changes in the zoning plan;
to exercise control over platting or subdividing land within the corporate limits of the city and
within an area extending five miles beyond the City limits; to submit annually to the City
Manager not less than 90 days prior to the beginning of the budget year a list of recommended
capital improvements which in the opinion of the commission are necessary or desirable during
the forthcoming 5 year period; to require information from other departments of the City
government in relation to its work; to be responsible to and act as an advisory body to the City
Council and to perfonn such additional duties and exercise such additional powers as may be
prescribed by ordinance of the City Council.
COMPOSITION: Nine (9) members which shall consist of nine registered voters of the City
appointed by the City Council. Elects its own chairman from among its membership at the first
regular meeting in August of each year.
MEMBERS
R. Bryan Stone, Chair
Rudy Garza
Johnny R. Martinez
James Skrobarczyk, Sr.
A. Javier Huerta
*****Willard Hammonds, Sf.
Evon J. Kelly
Michael Pus ley
Fred Braselton
TERM
7-31-08
7-31-09
7 - 31-08
7-31-08
7-31-07
7-31-09
7 - 31-09
7-31-07
7-31-07
ORIGINAL
APPTD. DATE
7 -09-02
2-22-05
7-12-05
7-12-05
7-26-05
7 -11-06
7-11-06
2-13-01
7-13-04
*****Declined his appointment
INDIVIDUALS EXPRESSING INTEREST
Mody Boatright
Self-employed. Received Master's in Automotive
Engineering. Activities include: Mechanical! Plumbing
Advisory Board, Leadership Corpus Christi, Corpus Christi
Executive Association. (3-03-06)
Robert Cagle
Vice President-Turnaround Division, Repcon, Inc.
Received B.S. in Engineering Science and Mechanics and
M.A. in Business Administration. Member of the Rotary
Club of Corpus Christi. (4-21-05)
Gene Clancy
Compliance ManagerlBusiness Unit Manager, Applied
Petroleum Technologies. Attended Houston Community
College, Houston, TX. Memberships include: Texas
Society of Environmental Managers, Industry Council on
.~."^-
the Environment and Association of Chemical Industry of
Texas. (8-01-06)
Nicolas Curiel III
Realtor, Richard Serna & Associates. Licensed as a Real
Estate Agent and Broker. Serves on the Grievance
Committee for the c.c. Association of Realtors. (1-25-06)
Miles Graham
Senior Vice President, 151 Commerce Bank. Attended Del
Mar College. Activities include: Associate Member of
Builders Association, President of Flour Bluff Independent
School District Education Foundation, Home Builder and
Development Services Advisory Group. (6-30-06)
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. (2-25-05)
R. Bryan Johnson
Self-employed, Real Estate Broker. Received B.S. in
Applied Sociology from Texas State University and
pursuing M.A. from Texas A & M - Corpus Christi to
become a Certified Commercial Investment Manager.
[nterested in serving the community. (5-31-05)
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)
Mary A. Moya
Human Services Tech., Texas Department of Family and
Protective Services. Attended Del Mar College and has a
real estate license. Received a Certificate of Appreciation
from TXDFP and from Nueces Child Welfare Foundation.
(2-28-05)
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)
John Powell
Real Estate Agent. Currently a junior at Texas A & M -
Corpus Christi. Has real estate education and licenses. (5-
31-05)
........- --
Richard Pulido
Regional Superintendent, U.S. Navy. Received B.S. in
Business Management from Park College. Activities
include: Prostate Cancer Committee with the American
Cancer Society, Leadership Corpus Christi, Deacon of
Gardendale Baptist Church, Junior Achievement Volunteer
Program and Cable Communications Commission. (7-08-
05)
Leo Rios
Realtor, ReMax Metro Properties. Attended Blinn College
and Del Mar College. Activities include: C.e. Board of
Realtors, Texas Association of Realtors and the Texas Real
Estate Political Action Committee. (6-02-05)
Charles W, Schibi
President, Apex Engineering & Consultants, Inc. Received
B.S. in Civil Engineering. Currently serving on the Zoning
Board of Adjustment. (7-26-06)
Morgan Spear
President/Owner, Morgan Spear Associates, Inc. Received
B.A. from University of Texas. Activities include:
American Institute of Architects, C.C. Chapter of AlA,
Texas Society of Architects, Church of the Good Shepherd,
Alpha Tau Omega and Texas Exes. (7-12-06)
John Tamez
CEO, Self-employed. Received B.A. from Sam Houston
State and M.A. from Houston Baptist. Activities include:
Boy Scouts of America Executive Board member and Del
Mar Reunion Committee. (7-10-06)
John S, Taylor
President, Associated Builders and Contractors. Received
B.S. from Sam Houston State University and M.A. for
Texas A & M University. Activities include: e.e. Chapter
of American Institute of Architects, C.c. Mustangs, c.c.
Downtown Rotary Club, c.c. Development services and
Building Code Board of Appeals. (7-12-05)
Jerry J Trevino
Attorney, Law Firm of Jerry J. Trevino, P.e. Received
B.S. in Business Management, B.S. in Engineering and J.D.
III Law. Activities include: Knights of Columbus, Little
League Board, and various legal organizations. (J 1-1 0-05)
Marsha Williams
Realtor, RelMax Metro Properties. Received B.A. in
Business from Texas A & I University Kingsville. Active
member of the Kiwanis Club and the RelMax Lifetime Hall
of Fame. (6-09-05)
f. SMALL BUSINESS ADVISORY COMMITTEE - Four (4) vacancies with terms to 8-01-08
and 8-01-09 composed of representatives from organizations that assist small and historically
underutilized businesses or representatives from businesses that support small and historically
underutilized businesses such as banks and real estate agencies.
DUTIES: To advise the Economic Development Office on projects and programs to initiate,
enhance or research for the purpose of retaining, expanding, creating small and historically
underutilized businesses and jobs provided by small and historically underutilized businesses; on
the development of partnerships with organizations to initiate, enhance or research such projects
and programs; and to serve as a focal point to communicate approaches to identify, attract,
expand, and retain small and historically underutilized businesses.
COMPOSITION: The committee shall consist of nine (9) members for three-year staggered
terms. The committee shall be composed of representatives from an organizations that assists
small and historically underutilized business, which includes organizations that provide
programs and services that facilitate in the attraction, creation, expansion or retention of small
and historically underutilized businesses and jobs in Corpus Christi, local small or historically
underutilized business owners, or representatives from businesses that support small and
historically underutilized businesses such as banks and real estate agencies.
MEMBERS
Carole L. Peterson, Chair
****Rose M. Gonzalez
Evy Coppola
* Anita Cadena
Joe Cisneros, III
**** Anne Drier
Sylvia Ford
*L.c. (Bud) Harris, HI
Lamont Taylor
TERM
8-01-08
8-01-08
8-01-08
8-01-06
8-01-07
8-01-06
8-01-07
8-01-06
8-01-07
ORIGINAL
APPTD. DATE
2-15-05
2-15-05
8-23-05
2-15-05
2-15-05
2-15-05
2-15-05
2-15-05
2-15-05
*Seeking reappointment
****Exceeded the number of absences allowed by ordinance
ATTENDANCE RECORD OF MEMBER SEEKING REAPPOINTMENT
NAME
Anita Cadena
Bud Harris
~O. OF MTGS.
THIS TERM
7
.,
/
NO.
PRESENT
4
4
% OF ATTENDANCE
LAST TERM YEAR
58%
58%
OTHER INDIVIDUALS EXPRESSING INTEREST
Guadalupe 1. Gomez
Self-employed, Business Consultant. Received
B.A. in Business Finance. Member of the Westside
Business Association. (3-10-05)
ifIIII!IlP"'". .,......
Mike Morgan
President/CEO, National InterPrint Corporation.
Activities include: Associated Builders and
Contractors, Bayfest and Corpus Christi Country
Club Membership Committee. (4-04-06)
Sergio Ornelas
President, Ornelas Contruction Group, Inc. Served
in the United States Marine Corp. Activities
include: former member of the Hispanic
Contractors, former Vice President of HCA de
Tejas and current member of the Associated
Builders and Contractors. (4-04-06)
George E. Po llakis
President, Vick's Famous Hamburgers, Inc.
Received Associates Degree in Restaurant
Management from Del Mar College and Culinary
Upgrade Training from U.S. Navy. Member of the
Coastal Bend Restaurant Association. Received
Food and Beverage Manager of the Year and 2005
Dining Gem of Corpus Christi Award. (3-03-06)
Rick Zamarripa
Director of Business Development, Work-Force 1.
Received A.A. from Central Texas College, B.S.
from Cameron University and M.A. from Kansas
State University. Former member of the Economic
Analysis Panel and currently sits on the Texas
Workforce Commission's Employment Statistics
Committee. (8-18-05)
~ '.-
3
~'--
Requested Council Date: 08/22/06
Alternate Date: 08/29/06
COUNCIL MEMORANDlJJVI
RECOMMENDA TION \10tJOn ctpproving d service agreement with the following
compames III the je)llowing amounts fur dosed circuit television pipeline inspection services in
accordance \\ Ith Bid Invitation Nu. BI-O 159-06 based on low total bid. The term of the service
agreement will be I\Nelve-months \\ith an optiol1to extend for up to two additional twelve-month
periods subject to the appmval of the.;upplier and the City Manager or his designee. The service
will be used by the \\ aste\vater and Storm water Departments and administered by the
Waste\'aleJ I )epanl11l'nt Illnds art' budgeted and available from the \Vastewater and
Stormwater Departments' dperational hudgets in 1\' 06-07
Vicko Plllmh1l1g. Jnc.
Corpus Chri~ti. I~
');24 -, .297 50
Shoreline Plumbing
enrpus Christi, TX
$27.6i6.38
Grand Icltal: $2!4.l))~.88
***** * ** *** ** ** ******************************* ************************
P urpnsc
,'his "en Ice <lgreement \\ ill provide for inspection of waste and storm
vater lines and manholes 111 order to verify proper installation of new
Illes and manhules and the integrity of existing lines and manholes to
'nsurc \\ asle and storm water is flowing properly,
Bid Imitation' Issued
o
8ids Recel \ed
Basis of A \\anl:
ow rotal Bid Due to the integral nature of the individual items that
comprise this service and because of the critical nature of and
1ecessit: ror this service. it is in the City's best interest to award this
\ Ilntract l(l (lne PRIMARY and une SECONDARY contractor.
,'ide\> Plumbing. Inc. \'as selected as PRIMARY and Shoreline
Plumbing as '-;FCONDAR'{ based on the lowest and second-lowest
10tal bids. rlcspcctivel)
Funding
WastewalL'r
.noo-l ~400- ';;~OOOO
~ tOrJ1nvater
-WI 0-320 1 O..';;~OOOO
$272,758.88
I uta! IY 06-07
2,175,00
$274,933.88
\ iic.lklC:I {)dl i 1.::1.1
Procurement & General Services Manager
.~......"-
CiTY OF CORPUS CHRISTI
PURCHASING DIVISION
BUYER - PAUL J PIERCE
ITEM
DESCRIPTION
R p'se Set-ups
E,"egency & Sche'juled ',fie CoO'lrS
R ,eo se Set-ups
S':J"
En:erqency & Scheoulc' I '"fle'ilcy 'rs
uP'
St;Jndb" Time
Emergency & Scheduieu Afle' r,ours
Standbv Time
Mar'~"'e Inspectlor' eX'.!":!lg)
Manhole Inspectlor 'le',-,
'-.'':-j Cle~plnq 6" ~ e' Unf'
e;l C)~ar:tnq 1 011 ~ 2" L "€'
Cledflnq 15" and Ldlqe l,ne
)a Emergency & Schedulec: !'ftel' 10VS
Clearl,r,q of 6" 8" L l1e
Emergency & Scheclule : After"IOl,
CleiW'If-) of 10' 1 c'
Emergency & Schedule" ;"'.flel 'I(JUS
Clear,nq of 15' and i ar',~, Lin,
Te'ev'<C,i:iq 8" - r (]" L Tf?
Tejp\I~-SH-"~112" 18" n~
Te!PJiSH1g 21" and LargE ine
Emergency & SchedLlec: A Iter! au, S
TelevIsing 811 - 10" Litle
1 ! ;'IJ Emergency & Scheduleej Afterhouls
Televising 12" 18" line
" Emergency & Scheduled After-I'ours
Televising 21" and Large! Line
TraffIC ContrClI ' Major Streets IUne-tlrre
fee pel work Clrder when specified In 'NI.rf
Jrde' )
i\dcl,tlonal Copies of DVD ' 'HS
Total ('00'"
.i\w~rd Totd
Gldnd fotdl
............-...".
BID TABULA TlON
BI-0159-06
CLOSED CIRCUIT TELEVISION PIPELINE INSPECTION
I
Vleieo f'lumblng, Inc I Shoreline Plumbing All Points Inspection
CORPUS CHRISTI TX CORPUS CHRISTI, TX AUSTIN, TX
Unit F xtended Unit Extended Unit Extended
Qr, JNI1 Prrce Prrce Prrce Price Prrce Price
-leI' 1225 OD :5 80C 00 $135 00 $1,48000 $125 00 $1,00000
-,iC,:r J;325.CU ,fi5CJ 00 $2,,:'2 50 $44500 $1.20000 $2,40000
3225 00 DO $1' 250 $3,93750 $500 00 $1 i 500 00
'"iEh $325 00 <32500 $2:,6 25 $1.18125 $2,00000 $10,00000
4C crew nOL 3225 00 3" 000 00 $185 00 $7,400,00 $73500 $29,40000
1C each 3325.00 $:' 25000 $2 200 $2,12000 $1.02500 $10,25000
3225 00 Sit 875 00 $4~0 00 $33,75000 $85 00 $6,37500
50 i;';.:~ct1 ,22500 $1 250 00 $39000 $19,500,00 $65 00 $3,25000
- DC' linear faa' $220 $1540000 $225 $15750,00 $3.00 $21,00000
, 501 linear foo' $2.20 $7 700 00 $250 $8,75000 $400 $1400000
',00 linear fool $320 $1 GOO 00 $400 $2,00000 $500 $2,500 00
DO' linear foot $320 53 200 00 5350 $3,50000 $4.75 $4.75000
!we-j $32(1 5420 $2,10000 $5,13 $256500
Ilrlea :-001 S32D 1 'jDO DC :;-:160 $2,300,00 $650 $3,25000
00 linen foot 1220 ,1 14 'lUO 00 $ 1 95 $10140000 $225 $117,00000
001. Iinedl foot 5220 S I 1 'jOOOO $1 95 $975000 $350 $17,50000
DOL line'll toot $220 $2 200 DO $, 25 $3,25000 $400 $4 000 00
DOC, iinedr 'oot :;;320 $9 "DO 00 :;;, 75 $8,250,00 $3.38 $10,140.00
000 linea I 'oot 5320 $3 ;'00 00 $340 $3,40000 $5,25 $5,25000
)00 ilne'll toot $320 $3/0000 $410 $4,10000 $6.00 $6 000 00
'0 S50 00 546 bOO.OO $1,25000 $37,50000 $550.00 $16,50000
"0 ea'::)' 325.00 5125000 $90 00 $4,500.00 $25,00 $1,25000
$2'4-75 DO $276,363,75 $305,88000
$247,c9750 $27,63638
(10%)
3274.93388
4
.....,.., ,."",""
Requested Council Action: 8/22/06
Alternate Date: 8/29/06
COUNCIL MEMORANDUM
RECOMMENDATION: Mntion approving a three-year lease of mail processing equipment from
Pitney Bowes, Stamt()rd, Connecticut, in the amount of $28,980.00. The equipment will be used
to process the City s outgoing mall and IS leased in accordance with the State's Cooperative
Purchasing Program. Fund" are hudgeted and available in the Stores Fund in FY 06-07.
************************************************************************************
Purpose
The equipment will be used to weigh, seal, affix postage to and
account for postage expended on a department-by-department
basis for all City departments.
.'\ ward BasIs:
The equipment is made available under the Texas Building and
Procurement Commission (TBPC) Term Contract number 985-A4.
Funding
Funding IS required as follows for the remainder ofFY 06/07:
Stores Fund
530160-)0 10-40020 $8,855.00
U(\ "'J
I,; i
I. '
,." IJ).~,
Michael arrenl r -
Procurement & General Services Manager
........,..-
CITY OF CORPUS CHRISTI
PURCHASING DIVISION
BUYER - PAUL J. PIERCE
BID TABULATION
BI-0006-07
Lease of Mail Processing Equipment
Pitney Bowes
STAMFORD, CT
Unit Extended
ITEM DESCRIPTION QTY. UNIT Price Price
1 1 DM 900 Mailing System 36 mo $641.00 $23,076.00
1) Power Stacker 36 mo $60.00 $2,160.00
.,,-
1 3 15-lb Integrated Scale m mo $50.00 $1,800.00
1 4 Barcode Scanner 36 mo $54.00 $1,944.00
Total $28.980.00
~'-"-
5
.......-..."-
Requested Council Date: 8/22/06
Alternate Date: 8/29/06
COUNCIL MEMORANDUM
RECOMMENDA TION: Motion approving a supply agreement for 5,000 plastic recycling bins in
accorda.m:;e with Bid Invitation No. BI-0161-06 with Otto Environmental Systems (AZ), LLC, Eloy, Arizona,
based on most advantageous bid. for an estimated semi-annual expenditure of$27,550. The term of the supply
agreement shall 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. These bins will be furnished by Solid
Waste Services tor use in the Citv-wide recycling program. Funds have been budgeted by Solid Waste Services
for FY 06/07
******************************************************************************************
Background: Purpose:
These bins will be distributed by Solid Waste Services and will be available as
replacements and as additional bins for new accounts. The bins are eighteen
gallons in size and composed of 50% - recycled plastic with a UV stabilized
additive to resist deterioration from sunlight.
Bid Invitations Issued:
Eight
Bids Received
Six
Previous Contract
Option to extend the previous contract was not exercised due to vendor's inability
to maintain contract pricing.
Pricing AnalYSIS:
When compared to the previous contract of June 2005, pricing has increased
15 0'0.
Award Basis:
Most Advantageous Bid
SCL A-I Plastics LTD., (A-l Plastics) Brampton, ON Canada and Otto
Environmental Systems (AZ), LLC, (Otto) Eloy, AZ submitted the same bid
price. However. Otto's lead time is more favorable than A-I Plastics lead time.
Fundmg:
Qsmartment
Account
Amount
I n r? Solid Waste Services
M:J):J} y - ~---
520130-1020-12512
$27,550.00
Pr'n"!)1""nent 8"d (~;enjT,jl 'i'nlCee l'v1anagt'r
'-
CITY OF CORPUS CHRISTI
PURCHASING DIVISION
MARIA GARZA
QUANTITY 5,000
5/24/2006
BID TABULATION BI-0161-06
RECYCLING BINS
VENDOR
UNIT
PRICE
TOTAL
OTTO ENVIRONMENTAL SYSTEMS (AZ), LLC
ElOY, AZ
Manufacturer:
Minimum Order Qty:
Lead Time
$5.51
$27.550.00
Otto Enviromental Systems
5,00e
3 Weeks
SCL A-1 PLASTICS L TO
BRAMPTON ONTARIO
Manufacturer: SCLA-1 Plastics
Minimum Order Oty: 5,000
Lead Time: 35 to 45 Days
REHRIG PACIFIC CO
DALLAS,TEXAS
Manufacturer
Minimum Order Oty
Lead Time:
AMERI-KART CORP.
WJCHIT A. KANSAS
Manufacturer
Minimum Order Oty
Lead Time.
5.51
27,550,00
571
28,550.00
Rehriq Pacific
200
30 Days ARO
6.08
30.400.00
Ameri-Kart Curbsider
5,000
30 Davs ARO
TULIP CORP
MILWAUKEE, WISCONSIN
Manufacturer: Tulip Corporation
Minimum Order Oty: 2.400
Lead Time: 4-6 weeks
6.25
31,250,00
BUSCH SYSTEMS INTERNATIONAL INC
BARRIE, ONTARIO
Manufacturer:
Minffnum Order Qty:
Lead Time:
NOTE:
633
31,650.00
Busch Systems
200
28-42 Days
SCL A-I Plastics LTD,. (A-1 Plastics) Bramptotl, ON Canada and Otto
Environmental Systems (AZ). LLC. (Otto) EJoy, /\2 submitted the same bid
price, However. Otto's lead time is more favorable than A-I Plastics lead
time.
........."."-.
6
~'"'T'''''
Requested Council Date: 8/22/06
Alternate Date: 8/29/06
COUNCIL MEMORANDUM
RECOMMENDA TION Motion approving a supply agreement with Sem Material, Corpus
Christl. Texas for emulsion oil in accordance with Bid Invitation No. BI-0184-06, based on only
bid, for an estimated six month expenditure of$42,288.50. The term of the contract will be for
six month,;; with an option to extend ten up to five additional six-month periods, subject to the
approval of the supplier and the City Manager or his designee. This material is used by Street
Services t<)f maintenance of City streets. Funds have been budgeted by Street Services in FY 06-
07.
******************************************************************************
Purpo se
The SS- I emulsion oil is used by Street Services as a tack-coat for
patch work on City streets. The City does not have a storage
tacility tor this material. The supplier is required to dispense
material 1I1to City trucks at a temperature between 160-170 degrees
Fahrenheit and receive unused portions for credit.
Previous Contract
The option to extend the current contract was not exercised, due to
the supplier's inability to maintain contract pricing, requiring the
receipt of new bids.
Bid Invitations issued:
Two
Bids Received:
One
Price AnalYSIS:
When compared to the previous contract, pricing has increased
approximately 66%. The price increase is due to the continued
tight market for petroleum products.
Award Basis:
Only Bid. Historically, two local manufactures of emulsion oil
have bid on this contract, Sem Materials and Texas Fuel &
Asphalt Texas Fuel & Asphalt no longer produce emulsion oil.
Funding
Street Department
520130-1020-12420
520130-1020-12430
$3,818.00
$38,470.50
Grand Total:
$42,288.50
l\tichael arrera,
Procurement & General Services Manager
........ .,,,,-,
BID INVITATION NO. BI-0184-06
BUYER: GABRIEL MALDONADO
DATE: 7/20/06
ription
1
Emulsion Oil (SS-1)
Qty.
CITY OF CORPUS CHRISTI
PURCHASING DIVISION
BID TABULATION
SEM MATERIALS
CORPUS CHRISTI TX
Unit Total
Unit Price Price
25,475 Gal.
$1.66
$42,288.50
$42.288.50
7
~'
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: 08/22106
MENDA ITEM:
A. Motion authorizing the City Manager or his designee to accept a grant in the amount of
$450,396 from the Texas Automobile Theft Prevention Authority (ATPA) to continue the
motor vehicle theft enforcement grant within the Police Department for Year 6.
B. Ordinance appropriating $450,396 from the Texas Automobile Theft Prevention Authority
(ATPA) in the No. 1061 Police Grants Fund.
I98UE: The A TPA has awarded Year Six funding to the City of Corpus Christi and the grant must be
aa::epted and funds appropriated.
RtEQUIRED COUNCIL ACTION: Approval to accept the grant and appropriate the funds.
PlEVlOUS COUNCIL ACTION: Approval to submit the grant on 04/19/06.
FUNDING: Year 6 of the grant requires at least a 20% match by the City. The match may be
cafh, in-kind, or program income. The Police General Fund will provide an in-kind contribution of
$261,670 consisting of sworn officers' salaries, benefits, and other operating costs.
CONCLUSION AND RECOMMENDATION: Acceptance of the grant and appropriation of funds.
~
B. P. Smith
Chief of Police
A8achments:
../ Grant award document
"""""", ,"-
BACKGROUND INFORMAOON
The City of Corpus Christi has received Year 6 funding from the Texas Automobile Theft Prevention
A~rily (A TPA) to continue the motor vehicle theft unit in the Police Department. The A TPA was
esUlblished in 1991 due to rising auto thefts and is funded through an annual $1 fee on every insured
vehicle in Texas charged to insurance companies who provide vehicle insurance coverage in Texas.
The Texas Comptroller of Public Accounts collects the fee.
The unit focuses not only on detection and apprehension, but also on the salvage yards in the
City and County to reduce the sale of stolen vehicles and parts. There is an extensive public
aw.ness campaign that is a requirement of the grant; this has included a resurgence of the
O~tion HEAT program as well as other crime prevention programs focusing on reducing auto
thefts. Since the inception of the unit, auto thefts have decreased by 40%.
The grant provides $450,396 for one Lieutenant to supervise the Unit, two sworn CCPD officers,
one civlian Crime Analyst, one civilian Management Assistant, and one Staff Assistant to assist
with data entry of auto theft crime information. The three civilians conduct data analysis, crime
analpis, manage the required public awareness campaign, and maintain grant paperwork. Cash
and in-kind contributions in the amount of $261,670 include office supplies, copy machine, and
salafieslfringe benefits for three General Fund sworn officers assigned to work with the Task
Force.
Because these funds are neither Federal nor State but from an insurance fee, there is no set
time limit for the grant to end; other grantees have been continuously funded for 10 years. The
City must reapply each year because the A TPA requires a very close review of performance and
the grantee's ability to utilize the funds efficiently.
~._'.....
ORIGINAL
Watcll Your Car
1IXAS ~11IFf""'" AUIHOII1T
July 6, 2006
Mr. George K. Noe
Manager
City of Corpus Christl
P.O. Box 9277
Corpus ChrIsti. Texas 78469
Re:
GRANT NBR:
APPLICATION:
rULE
AMOl'NT:
SA-TOI-I0045-07 YEAR OF FUNDING: 6
City of Corpus Christi
Corpus Christi Auto Theft Prevention Grant
$ 450,396
Dear Mr. Noe
I ~ pleased to inform you that the above referenced grant is approved in the amount indicated.
completing and returning the enclosed
grantee acceptance notice in the pre-addressed envelope provided. A copy of the Automobile
TIleft Prevention Authority's Grant Administrative Guide is being forwarded under separate
cover to the financial officer designated In your grant application.
I look forward to working \\lth you to ensure the success of your program, Any questions
relating to the administration of this grant should be directed to our office by calling the Grant
Admimstrator, Charles Caldwell (512) 374-5108.
Sincerely.
~a-.v J~,
Susan Sampson
Director. .\TP A
bl -
" tJl\l:.l:.VLU\lc
.f:jUUlIUUl
Texas Automobile Theft Prevention Authority
Statement of Grant Award
Gr'IIIt Number:
Gralt.. Name:
P~tTiUe:
G...t Period:
SA-TO 1-1 0045-07
City of Corpus Ch nsti
Auto Theft Prevention Grant
09/01/2006 - 08/31/2007
ATPA Award:
Grantee Caeh:
Grante. In-Kind:
Total Project Cost:
$450,396
$249,182
$12,488
$712,066
The Texas Automobile Theft Prevention Authority (ATPA) has awarded the above-referenced grant The
ap~\/ed budget is reflected In the attached ApprOVed Budget Summary. This grant is subject to and
=onfjtioned upon acceptance of the ATPA Grant Administrative Guide promulgated fOr this specific program fund
(ref8l'enced above) through the Automobile Thel't Prevention Authority a listing of applicable special conditions are
list" betow. Total project costs must be accounted for in accordance with the Uniform Grant and Contract
Management Standards and the AdministratIve Guide.
GAMlTEE REQUEST FOR FUNDS
All <lantee request for funds shall be submitted to ATPA in accordance with the instructions provided
by ATPA and shari be in the form required by A TPA Requests for funds will not be honored until all
sp$I conditions outlined on the Statement of Grant Award and action required on the part of the
grantee have been satisfied.
GRMT ADJUSTMENTS
Gra.e shall submit written requests for grant adjustments, as required by the applicable ATPA Rule
conlllned in the Grant Administrative Guide for this specific program fund.
Spedal Conditions and Requirements:
Coo'ftrallve Working Agreements
Non-fupplanting Certification
Con1fdential Funds Certification
--.J..uit 6. 2006
AWAlto DATE SUSAN SAMPSON
~~J~
Autol'lObile Theft Prevention Authority
4000 Jackson Avenue, Austin. Texas 78731 512/374-5101
.~...._~
ORDINANCE
APPROPRIATING $450,396 FROM THE TEXAS AUTOMOBILE THEFT
PREVENnON AUTHORITY (ATPA) IN THE NO. 1061 POLICE GRANTS
FUND; AND DeCLARING AN EMERGENCY.
BlIT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TlXA5:
SlCTION 1. That $450,396 from the Texas Automobile Theft Prevention Authority
(ATPA) is appropriated in the NO.1 061 Police Grants Fund for funding of the CCPD
motor vehicle theft unit;
SlCTION 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
thet 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 August 22,2006.
ATTEST: THE CITY OF CORPUS CHRISTI
Afmando Chapa City Secretary Henry Garrett, Mayor
~proved as to form Av-frJ- (G ,2006:
~l~
JOseph Hainey d
Aasistant City Attorney
.......... .,.-
TO THE MEMBERS OF THE CITY COUNCIL
eof'Jtus Christi, Texas
For the reasons set forth in the emergency clause of the attached ordinance, an
eIlergency exists requiring suspension of that Charter rule which requires an
ordinance to be considered and voted upon at two regular meetings. Therefore, "we
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:
H.,ry Garrett
Brent Chesney
Jerry Garcia
John E Marez
Bift Kelly
Rex A. Kinnison
Melody Cooper
Jese Noyola
Mark Scott
,"""""",.,-
8
.,....,. ...".~
erN COUNCIL
AGENDA MEMORANDUM
Date: Auaust 22. 2006
AGINDA ITEM:
A. Motion authorizing the City Manager or his designee to accept a grant in the
amount of $57,450 from Sam Houston State University and the National Institute
of Justice for a Project Safe Neighborhoods anti-gang initiatives grant and to
execute all related documents.
B. Ordinance appropriating $57,450 from Sam Houston State University and the
National Institute of Justice for a Project Safe Neighborhoods anti-gang
initiatives grant in the No. 1061 Police Grants Fund.
ISSUE: The funds are available for projects designed to combat gangs by building on
the effective strategies and partnerships developed under the Project Safe
Neilhborhoods projects.
BACKGROUND INFORMATION: The Corpus Christi Police Department in conjunction
with the Corpus Christi Crime Stoppers Association will begin a forceful campaign to
set 8 monetary award for anonymous tips that lead to the arrest of any known gang
member in possession of a firearm. The information gathered from callers would
quictkly be relayed to designated Gang Units or field units for follow-up investigation.
Anonymous callers are guaranteed a cash reward of $250 for information leading to the
arrest of any gang member in illegal possession of a handgun, and $500 for information
leading to the arrest of any gang member in illegal possession of an assault-style rifle.
REClUlRED COUNCIL ACTION: Accepting the grant award.
FutlDlNG: Funding from the grant will pay for an aggressive interdiction campaign
entlled S.O.S. (Save Our Streets) to include television, radio, newspaper ads and
bilaoards There is no City match required.
CONCLUSION AND RECOMMENDATION: Staff recommends accepting the grant
awerd and appropriating the funds.
B. P. Smith
Chief of Police
A*<:hments:
,j Contract
Sam Houston State University Account number: 321-20-D776
Subcontract: 321-20-S035
AGREEMENT
between
SAM HOUSTON STATE UNIVERSITY
and
CORPUS CHRISTI POLICE DEPARTMENT
This subcontract is entered into by and between Sam Houston State University, PO Box 2296, Huntsville,
Texas 77341, a member of the Texas State University System, hereinafter referred to as "SHSU" and
CORPUS CHRISTI POLICE DEPARTMENT
Witnesseth:
Whereas, SHSU and NATIONAL rNSTITUTE OF JUSTICE, hereinafter referred to as "Sponsor," have
entered into the grant Project Safe Neighborhoods; and
Whereas, Corpus ChnstI Police Department has proposed (0 assist SHSU in the accomplishment of said
work:
Now therefore, the parties do covenant and agree as follows:
4rtide 1. 8(:one of Work and Deliverables
Corpus Christi Police Department agrees to:
· Develop three different PSA's to be aired by five local T.v, stations for one year,
estimated 1200 spots;
· Develop PSA spots for the top radio stations, estimated 1500 spots;
· Develop two "floating" billboard sites; and
· Handout materials, 7000 to be distributed to high schools,
Artiele 2. Period of Performance
The period of performance for this agreement shall commence on January 1,2006, and shall terminate on
December 31,2008, unless extended by mutual agreement in writing between the parties, or unless
terminated by Sponsor as provided in Article 11
Artiele 3. Proiect Direction
SHSU's performance of the \\ork shall be under the scientific direction of Kristi Kreier who is hereby
named Project Director in the monitoring of this project. Project Director is authorized to exercise the
technical direction of this project within the general scope of work,
All matters affecting the terms of this subcontract or the admimstration thereof shall be referred to
SUbcontract Administrator. Subcontract Administrator shall be contacted for changes or amendments to
this subcontract. including but not limited to, changes in the scope of work, period of performance, cost and
report requirements
Article 4. Consideration and Payment
As consideration for the work cited in Article] , SHSU agrees to pay Corpus Christi Police Department a
cost-reimbursable amount not to exceed $57450.00, See Budget Attachment A.
Invoices for expenses mcurred shall be submitted monthly to:
.",.... ,-,-
SHSU:
Sam Houston State UnIyersltv Account number: 321-20-D776
Subcontract: 321-20-S035
College of Criminal Justice
Sam Houston State University
Box 2296
Huntsville, Texas 77341
Payment of invoices shall be contingent upon approval by Project Director. The final invoice shall be
IlIaTked "FINAL," and shall be received no later than 45 days after completion of the tasks of this
subcontract or the ending penod of this subcontract, whichever is earlier.
A maXImum of 0% of the total compensation, or an amount not to exceed $0 shall be withheld and retained
ootil the final requirements have been completed and approved by the project director.
Artiele 5. Travel
Expenses for travel are not permitted under this subcontract.
4rtiele 6. Kev Personnel
No Change in key personnel shall be made In relation to this subcontract without written approval by
Project Director.
Artide 7. Equioment
Equipment purchases are not permitted under thiS subcontract
.lrtiele 8. Publicih
Corpus Christi Police Department shall not use, nor permit others to use the name of SHSU, The Texas
State University System or any part or branch thereof, in any manner which indicates endorsement of
SHSl1's products or services without obtaining the express prior \\-Titten consent of SHSU.
Artide 9. Notices
All notices or communications to either party by the other shall be delivered personally or sent by U.S.
registered or certified mail, postage prepaid, addressed to such party at the following respective addresses
for each and shall be deemed given on the date so delivered or so deposited in the mail unless otherwise
provided herein
SHSl1
SlJBCONTRACTOR:
- -
College of Criminal Justice
Sam Houston State l Jniversity
Box 2296
Huntsville. Texas 77341
Telephone: (936) 294-3579
Fax: (936) 294-1638
E-mail kkreier(cV,shsu.edu
Corpus Christi Police Department
John Hornsby
Identification DiVISIOn SupervisOl
PO Box 9016
Corpus Christi, Texas 78469
Telephone: (361) 886-2636
Email: johnh@cctexas.com
Sam Houston State UniversIty Account number: 32] -20-D776
Subcontract: 321-20-8035
Article 10. IndeDendent Contractor
Corpus Christi Police Department herein is an independent contractor, not a partner or joint venturer, and
shall not act as an agent for SHSU. Nor shall it be deemed to be an employee of SHSU for any purposes
whatsoever. Corpus Christi Police Department shall not have any authority, either express or implied, to
enter any agreement, incur any obligations on SHSU's behalf or commit SHSU in any manner whatsoever
without SHSU's express prior written consent.
Article 11. Liability
Corpus Christi Police Department agrees to defend, indemnifY and hold harmless SHSU from any and all
claims, injuries, damages or other liability arising in tort or breach of contract and resulting directly or
indirectly, from any intentional or negligent (including grossly negligent) acts or failures to act of SHSU's
principals. officers, agents or employees, arismg in favor of any person or entity.
Artiele 12. Records and Audits
All costs lOcurred in the performance of the research effort lmder this subcontract are subject to final
review and audit by representatives of Sponsoring agency, Corpus Christi Police Department will maintain
docwnents to support all invOIced costs during and for at least three (3) years after termination oftrus
subcontract or, if under audit. for as long as is required to resolve. During this period, Corpus Christi
Police Department will make such records available for inspection by the audit representatives during
normal business hours
Artiele 13. Termination
In the event of default by Corpus Christi Police Department of the obligations under this subcontract, the
performance by Corpus Christi Police Departnlent may be terminated by SHSU at any time by giving thirty
days ",Titten notice. Such notice shall be effective upon receipt of written notice by SHSU.
Article 14. General Provisions
The tenns and conditions of the Project Safe Neighborhoods are hereby incorporated in this subcontract by
reference with the same force and effect as if set forth in full text. Corpus Christi Police Department
hereby acknowledges that it has in its possession, or is otherwise familiar with all the clauses and
provisions incorporated herein by reference, and agrees to perform this subcontract in accordance with the
provisions of such referenced clauses and the other provisions of this subcontract.
As used in the aforesaid Cooperative Agreement. the term "Contract" shall mean "subcontract," and the
terms "Contracting Officer" and "Government'. shall mean either the Subcontiact Administrator or the
Sponsor's Contracting Officel who has cognizance over SHSU's prime grant/contract as may be applicable
and determined by SHSU The term "Govemment" shall also mean SHSlJ 01 the u.s. Government as the
context may require, as detemlined by SHSU
In any event of any inconSistency between the conditions of the subcontract and those of the
afOrementIOned regulations the inconsistency shall be resolved by giving precedence to the provisions of
the Subcontract
Article 15. Miscellaneous Provisions
This document with attached appendices constitutes the entire agreement between the parties relative to the
subject lmlttcr, and may be llle,dified or amc!1(kd only bV:1 \vrittcll agreementc.:igned bv both parties. It
shall bt' ,'ull,truu111l ;t<:l'uldaILC \\1111 tll(" lall', ld tllc' :-.tate oj j,'.\a,
"'IIIlllJII"'. --
Sam Houston State UniversIty Account number: 32 I -20-D77()
Subcontract: 321-20-S035
If one or more of the provisions of this Subcontract shall be held to be invalid, illegal or unenforceable in
any respect, the validity, legality and enforceability of the remaining provisions shall not in any way be
affected or unpaired thereby.
Failure of either party to insist upon strict performance of any covenant or condition of this subcontract in
allY one or more instances shall not be construed as a waiver for the future of any such covenant or
condition, but the same shall he and remain in full force and effect.
The executIon of this subcontract serves as certification that neither SHSU. nor its principals are debarred.
swspended. or proposed for debarment by the Federal Government
Di WITNESS WHEREOF, the parties hereto have executed this subcontract on the day and year last
specified below
SAM HOUSTON ST ATE UNIVERSITY
CORPUS CHRISTI POLICE DEPARTMENT
By:
~
By
Dr Richard H. Ward
Bryan P. Smith
Title:
Assoc Vice-President for Research
Title Chief of Police
tJg /;/ /tJ~
, ,
Date:
Date:
SAM HOUSTON STATE llNIVERSITY
By: ______
Dr Vincent Webb
Title: Dean and Director Criminal Justice
Date:
........-_0,-
Project Safe Neighborhoods
Corpus Christi
A. Other Costs
Description
Reward Money
Advertising Campaign
Computation
4 radio stations X 52 weeks
NBC & KDF TV Stations
ABC & CBS TV Stations
billboards & 7000 handouts
Total $
Cost
$
$
$
$
$
20,000.00
2,600.00
9,620.00
11,500.00
13,730.00
57,450.00
The rewar1J money will be offered for anonymous tips that lead to the arrest of any known gang members
in possession of a firearm. The advertisement will allow the interdiction campaign entitled S.O.S.
(Save Our Streets) to include television, radio, newspaper ads, and billboards.
TOTAL
........^..-
ORDINANCE
APPROPRIATING $57,450 FROM SAM HOUSTON STATE
UNIVERSITY AND THE NATIONAL INSTITUTE OF JUSTICE FOR A
PROJECT SAFE NEIGHBORHOODS ANTI-GANG INITIATIVES GRANT
IN THE NO. 1061 POLICE GRANTS FUND; AND DECLARING AN
EMERGENCY.
BlIT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TlXAS:
SlCTION 1. That $57,450 from Sam Houston State University and the National
In.titute of Justice is appropriated in the No. 1061 Police Grants Fund for a Project
Safe Neighborhoods anti-gang initiatives grant.
SICTION 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
thet 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 22nd of August, 2006.
ATTEST: THE CITY OF CORPUS CHRISTI
Armando Chapa, City Secretary Henry Garrett, Mayor
Approved as to form !-voNt- II,., ,2006
JOlleph Hal:- I\-es
A81sistant 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, l/we
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:
H.nry Garrett
Brent Chesney
Jerry Garcia
John E Marez
Bill Kelly
Rex A. Kinnison
Mefody Cooper
Jesse Noyola
M.k Scott
9
......."..-
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date:
08122106
AG"DA ITEM:
A. Motion authorizing the City Manager or his designee to accept grant funding in the
amount of $102,820 from the Texas Department of Transportation for a Comprehensive
Selective Traffic Enforcement Projed (STEP) in the Police Department for overtime OWl
and Speed enforcement and to execute all related documents.
B. Ordinance appropriating $102,820 from the Texas Department of Transportation for
funding for a Comprehensive Seledive Traffic Enforcement Projed (STEP) in No. 1061
Police Grants Fund; and declaring an emergency.
ISSUE: The State of Texas, Department of Transportation is providing funding to continue the
overtime Driving While Intoxicated and Speed enforcement grants in the Police Department.
BAQ<GROUND INFORMATION: The grant provides overtime funding for OWl and Speed
enforcement across the City with varied days of the week and hours of operation.
REcaJlREO COUNCIL ACTION: Accepting the grant and appropriating funds.
FUfC)ING: Officers will be working on an overtime basis with the City providing $45,857 for salaries
and fringe benefits (State will not cover retirement costs on overtime) and $14,880 for mileage.
CONCLUSION AND RECOMMENDATION: Staff recommends a
the fonds
ting the grant and appropriating
B. P. Smith
Chief of Police
Attahments:
TXfX>T grant agreement
f.I Federal Pass Through
<Jtant Funds CFDA #20.60_
a State Grant Funds
- For TxDOT Use Only -
Misc. Contract Number: 587XXF60 10
Charge Number: 070701A1AE
Project Year: 2007
TEXAS TRAFFIC SAFETY PROGRAM GRANT AGREEMENT
THE ST ATE OF TEXAS
THE COUNIY OF TRAVIS
nus AGREEMENT IS MADE BY and between the State of Texas, acting by and through the Texas
Department of Transportation, hereinafter called the Department, and City of Corpus Christi
hereinafter called the Subgrantee, and becomes effective when fully executed by both parties. For the
purpose of this agreement, the Subgrantee is designated as a(n):
o State Agency 0 Non-Profit Organization
~.. Unit of Local Government 0 Educational Institution
o Other (describe):________ ______
AUTHORITY: Texas Transportation Code, Chapter 723, the Traffic Safety Act of 1967, and the
HiJbway Safety Plan for the following Fiscal Year(s) 2007
p...ject Title: STEP-Comorehensive
Brief Project Description: Increase soredinr citations. decrease crashes. increase driver compliance with
r>o*d soeed limits. decrease inlpaired drivin2 and alcohol-related crashes.
Grant Period: The Grant becomes effective on 1 % 1/2006 , or on the date of final signature of both
parties, whichever is later, and ends on 09/3012007 unless terminated or otherwise modified.
Maimum Amount Eligible for Reimbursement: $102.820.
Tho following attachments are incorporated as indicated as a part of the Grant Agreement:
. Attachment A, Mailing Addresses
· Attachment B, General Terms and Conditions (TxDOT Form 1854)
. Attachment C, Project Description (TxDOT Form 2076)
. Attachment D, Action Plan (TxDOT Form 1852)
. Attachment E, Project Budget (TxDOT Form 2077 or 2077-LE)
t81 Attachment F, Operational Plan (TxDOT Fonn 2109) (for Selective Traffic Enforcement
Program grants only)
Project Title STEP-Comprehensivt::
TBXAS TRAFFIC SAFETY PROGRAM GRANT AGREEMENT
The signatory for the Subgrantee hereby represents and warrants that shelhe is an officer of the
orJl1lization for which shelhe has executed this agreement and that she/he has full and complete authority
to cmter into this agreement on behalf of the organization. At the time the signatory for the Subgrantee
si!JlS the Grant Agreement, she/he will sign and submit to the Department a letter designating signature
audlority by position title for grant-related documents other than the Grant Agreement or Grant Agreement
amendments. These other grant-related documents will include, but not be limited to, the following:
perfOrmance reports, final performance report and administrative evaluation report, Requests For
Reimbursement (RFRs), and routine correspondence.
TIlE SUBGRANTEE
THE STATE OF TEXAS
Ci" of Comus Christi
[Lepl Name of Agency]
Executed for the Executive Director and approved
for the Texas Transportation Commission for the
purpose and effect of activating and/or carrying out
orders, established policies or work programs
approved and authorized by the Texas
Transportation Commission.
By _______._____
r A1Ithorized Signature]
~e K. Noe
[Nae]
Ciq Man:lo-er
[Title]
By
District Engineer
Texas Department of Transportation
D*
[Name]
U*r authority of Ordinance or Resolution [Title]
NUlb.ber (for local governments):
Date
By
Director, Traffic Operations Division
Texas Department of Transportation
(Not required for local project grants under
$100,000.)
Date
......."..-....-
ORDINANCE
APPROPRIATING $102,820 FROM THE TEXAS DEPARTMENT OF
TRANSPORTATION FOR FUNDING FOR A COMPREHENSIVE
SELECTIVE TRAFFIC ENFORCEMENT PROJECT (STEP) THE NO.
1061 POLICE GRANTS FUND; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SlCTION 1. That $102,820 from the Texas Department of Transportation is
appropriated in the NO.1 061 Police Grants Fund for funding for a comprehensive
Selective Traffic Enforcement Project (STEP); and declaring an emergency.
SICTION 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
thet 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, this, the 22nd day of August, 2006.
An-EST: THE CITY OF CORPUS CHRISTI
Armando Chapa, City Secretary Henry Garrett, Mayor
Approved as to form /~ ,'!.n t- (<c . 2006
Jolleph H~,};L I \,-- ~
Astistant City Attorney
F or City Attorney
'1I!IIIIll'!'"""
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi I 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, l/we
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:
H.,ry Garrett
B.-.nt Chesney
Jerry GarcIa
Jotln E Marez
Bitt Kelly
R. A. Kinnison
Melody Cooper
Jease Noyola
M.-k Scott
.......-~-
10
~.,.....""W'
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: 08122106
AGIINDA ITEM: Ordinance appropriating $1,210.57 in interest earnings from the
unr.erved fund balance in the No. 1061-820804 Law Enforcement Block Grant 2004
grant fund.
ISSUE: Interest earnings need to be appropriated in order to spend the monies.
BACIK.ROUND INFORMATION: The Law Enforcement Block Grants require the City
to piece the funds in an interest bearing trust fund account. The Police Department is
reqf.48sting to utilize these funds to assist with the purchase of additional law
enforcement equipment.
RE.,IRED COUNCIL ACTION: Appropriation of interest earnings.
COIICLUSION AND RECOMMENDATION: Staff recommends appropriation.
B. P. Smith
Chief of Police
-'-
ORDINANCE
APPROPRIATING $1,210.57 IN INTEREST EARNINGS FROM THE
UNRESERVED FUND BALANCE IN THE NO. 1061-820804 LAW
ENFORCEMENT BLOCK GRANT 2004 GRANT FUND; AND
DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That $1,210.57 in interest eamings from the unreserved fund balance is
at1Propriated in the No. 1061-820804 Law Enforcement Block Grant 2004 Grant Fund;
and declaring an emergency.
SICTION 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, this. the 22nd day of August, 2006.
A nEST: THE CITY OF CORPUS CHRISTI
Armando Chapa, City Secretary Henry Garrett, Mayor
Apf)roved as to form 4___ 0 u>.t {C. . 2006
1~lt -'
Jo_ph Ham~y ''6
Asaistent 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, I/we
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
JeRy Garcia
John E Marez
Bill Kelly
Rex A. Kinnison
Melody Cooper
Jel6e Noyola
Mark Scott
....... ,,-
11
.............."-. ..=.
AGENDA MEMORANDUM
City Council Action Date: Auaust 22. 2006
AG~DA ITEM:
A motion authorizing the City Manager or designee to execute a contract with the
Deptrtment of State Health Services for the administration of duties performed by the Vital
StatiStics Division of the Health Department and for the payment of record fees due to the
State.
ISSUE:
This contract formalizes an agreement between the Department of State Health Services
and the City of Corpus Christi to provide the City with access to the State's database of
vital records. The City's Office of Vital Statistics will be able to print copies of vital records
as certificates for consumers and will pay $1.83 to the State for each record printed. The
City, in turn, collects a fee from the consumer for the issued certificate.
RECkJIRED COUNCIL ACTION: Approval of the contract.
PRIVIOUS COUNCIL ACTION: None
FU-=>>ING: There is no match funding required.
CQllCLUSION AND RECOMMENDATION: Recommend City Council to authorize the
co,*act.
..)
., (.1t~ x:;~~~/
(Department Head Sign ur
........,'......'.-
BACKGROUND INFORMATION
The Office of Vital Statistics is administered by the Health Department. During the FY05-
06, there were 15.378 birth certificates and 18,702 death certificates were issued by this
office. In order to issue these certificates, there must be access to the State's database of
vital statistics information. This contract formalizes an agreement to provide this access.
The fee of $1.83 is unchanged from that which has been charged previously by the State.
In addition to the fees paid to the State, the City agrees to maintain documentation of
ceftificates generated and to purchase supplies and equipment necessary to print the
certificates. The cost of printing the certificates and paying the $1.83 fee to the State is
offset by the fees charged to the consumer. The current fee for a birth certificate is $22.00
and a death certificate is $20.00. These fees are set by the State.
..... --
DSHS DOCUMENT NUMBER: 537537537A*2008D-Ol
STA TE OF TEXAS
COUNTY OF TRAVIS
This CONTRACT and AGREEMENT by and between the Department of State Health Services,
Bureau of Vital Statistics, hereinafter referred to as PERFORMING AGENCY, and acting through its
Chief, Bureau of Financiai Services, and CITY OF CORPUS CHRISTI, hereinafter referred to as
RECEIVING AGENCY, IS as follows:
to SCOPE OF }YORK:.
PERFORMING AGENCY agrees to provide on-line computer services in support of RECEIVING
AGENCY from 7:00 a.m to 6:00 p.m. Monday thru Friday, except holidays. In the event of an
emergency or computer application error, PERFORMING AGENCY may temporarily suspend
services without advance notice.
RECEIVING AGENCY will search PERFORMING AGENCY databases, locate data, and issue
Certifications of Vital Records to authorized individuals requesting such data. The certifications will
be in a fonnat formally approved by PERFORMING AGENCY. No limit will be established on the
number of searches per month not resulting in issuance of a certification, provided the number is
reasonable.
RECEIVING AGENCY will acquire the necessary data processing equipment, communications,
hardware or software, and purchase "bank note" paper, as specified by the PERFORMING
AGENCY PERFORt\1ING AGENCY will assist in connection of the equipment, furnish software
program and provide technical assistance, if necessary.
RECEIVING AGENCY acknowledges that records may not be located in the searching process
instituted by RECEIVING AGENCY or records which are located may have errors due to:
A) norn1al key-entry errors in spellings;
BI accidental failure on the part of the PERFORMING AGENCY to update a file
for an amendment or paternity determination; and
c) the event year does not eXIst on the system.
RECEIVING AGENCY will notify PERFORMING AGENCY in writing, at least monthly of errors
or suspected errors that exist on the data base information.
RECEIVING AGENCY is to maintain an inventory control and account for each document produced
on "bank note" paper, including voided documents.
.~.,.,.,'1_
RECEIVING AGENCY is responsible for maintaining a system of vital record keeping that is in
accordance with Chapters 191 through 195 of the Health and Safety Code and the regulations adopted
thereunder
n. LEGAL AUTHORITY TO CONTRACT
Chapter 12, Health and Safety Code.
III. TEIUv1
The term of this AGREEMENT is to begin September 01, 2006 and shall remain in effect until
August 31. 2008.
IV. COMPENSATION
RECEIVING AGENCY agrees to reimburse PERFOIUv1ING AGENCY $1.83 (One Dollar and
83/1 00) for each Certification of Vital Record printed as a result of searches of the database.
RECEIVING AGENCY agrees to charge the same base search fee for a birth certificate as the
PERFORMING AGENCY. Additional fees may only be charged as authorized by Texas Health and
Safety Code 191.
A monthly itemized billing showing the number of transactions by date will be submitted to
RECEIVING AGENCY by PERFOIUv1ING AGENCY and payment will be made no later than thirty
(30) days following the billing date. Payment will be considered made on the date postmarked.
V. ~'QNFIDENTIALITY
RECEIVING AGENCY will maintain sufficient safeguards to prevent release or disclosure of any
information obtained hereunder to anyone other than RECEIVING AGENCY employee(s) or those
who have an official need for the information and are authorized to receive such records.
RECEIVING AGENCY further agrees records obtained and issued, as specified under this contract,
will be used for purposes as herein set out and the use of these records or data for other purposes
must be agreed to in writing by both parties.
VI. SECURITY
RECEIVING AGENCY agrees to implement all reasonable and necessary procedures to ensure that
only authorized users will have access and will notify DSHS immediately should it detect a security
violation by one of its employees or any other person. RECEIVING AGENCY is responsible for
insuring that authorized RECEIVING AGENCY employee(s) use only their own individual
passwords while logged into PERFORMING AGENCY'S on-line computer applications.
PERFORMING AGENCY will inactivate any individual who does not use their account for ninety
(90) days RECEIVING '\GENCY shall notify PERFOIUv1ING AGENCY of all branch locations.
2
.......-..-
VII. INSPECTIONS
RECEIVING AGENCY shall permit authorized PERFORMING AGENCY personnel, during normal
working hours, to conduct site visits and review such records as needed to ascertain compliance with
the terms of this contract.
VIJI. VOIDED RECORDS
PERFORMING AGENCY will handle credit requests for voided records due to mistakes or errors on
a case-by-case basis. Credit requests may be considered in those cases of emergency situations, i.e.,
equipment and systems failure or inclement weather. RECEIVING AGENCY shall submit these
requests in writing along with pertinent documentation to provide a justification to the State Registrar
and/or designee for approval. PERFORMING AGENCY will provide written documentation to the
RECEIVING AGENCY on the status of the approval of credit requests.
RECEIVING AGENCY must notify PERFORMING AGENCY'S Security Manager in writing to
clear voided records from the remote access system's customer lifetime counts.
IX TERMINATION
This contract may be terminated either by mutual agreement of the parties or by either party upon the
giving of sixty (60) days written notice to the other party. RECEIVING AGENCY agrees to pay
PBRFORMING AGENCY for all services completed prior to the effective date of such termination.
PERFORMING AGENCY may immediately suspend this agreement upon reasonable suspicion that
terms of this agreement have been violated by the RECEIVING AGENCY or one of its employees.
If, after investigation it is concluded that a violation of this agreement has occurred, PERFORMING
AGENCY may terminate this agreement without further notice.
X. SEVERABILITY
If any provision of this contract will be construed to be illegal or invalid, this will not affect the
legality or validity of any of the other provisions hereof. The illegal or invalid provision will be
deemed stricken and deleted herefrom to the same extent and effect as if never incorporated herein,
but all other provisions wi 11 continue.
XI. BJND IN G
This contract IS contingent upon the availability of funding. PERFORMING AGENCY may amend
or terminate all or any part of this contract if available funds become reduced, depleted, or
unavailable during the term of this contract. RECEIVING AGENCY will have no right of action
against the State of Texas or the PERFORMING AGENCY in the event that PERFORMING
AGENCY is unable to fulfill its obligations under this contract as a result of the suspension,
termination, withdrawal, or failure of funding to PERFORMING AGENCY or lack of sufficient
funding of PERFORMING AGENCY for any Attachment(s) to this contract. If funds become
unavailable, provisions of the TerminatlOn Article will apply.
.3
...... '"-
EXECUTED IN DUPLICATE ORIGINALS ON THE DATES INDICATED.
RECEIVING AGENCY
PERFORMING AGENCY
CITY OF CORPUS CHRISTI
DEPARTMENT OF STATE HEALTH
SERVICES
By: ___________ ____
(Name)
By:
Bob Burnette, Director
Client Services Contracting Unit
(Title)
Date: Date:
Recommended by: n__
(Name and Title)
VID#: 35375375371000
APPROVED AS TO FORM:
By:
HS DOCUMENT NUMBER: 537537537A*2008D-01
4
.~_.._-
12
~",-
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: 8/22/06
AGEtlOA ITEM: Resolution adopting the Coastal Bend Mitigation Action Plan developed with the
Coastal Bend Council of Governments and appointing the City Manager, or his designee, to act as
the City's Hazard Mitigation Coordinator
ISSUE: The City of Corpus Christi has entered into the "Coastal Bend Mitigation Action Plan
Interlocal Cooperation Agreement" with other jurisdictions within a seven-county region for the
purpose of developing the Coastal Bend Mitigation Action Plan (CBMAP). A copy of the Coastal
Bend Council of Governments' Resolution No. 2567 A is attached (Attachment #1).
The fl)urpose of the CBMAP IS to reduce losses from natural hazards, including but not limited to,
hurricane winds, flooding, and drought, over the long term. This effort is known as pre-disaster
mltig..tion planning, and is a proactive approach that considers future loss reduction strategies to
achieve community goals of'
· reducing loss of life and injury;
· reducing disruptions to essential public services and infrastructure;
· reducing economic impacts to residents; and
· redUCing losses to ciVIC, cultural and environmental resources.
Specific objectives have been developed for each goal, and both short and long term activities
and J)rojects identified and evaluated, The CBMAP also includes project descriptions, regional
disaster history, and risk assessments for a variety of natural hazards. A partial list of projects is
attached. (Attachment #2)
A mitigation plan that meets federal requirements must be adopted by local jurisdictions to
maintain eligibility for certain federal grant programs administered by the Federal Emergency
Management Agency (FEMA) and the Texas Governor's Division of Emergency Management
(GDeM).
It is recommended that the CBMAP be adopted and that the City Manager or his designee serve as
the City's Hazard Mitigation Coordinator The Hazard Mitigation Coordinator will have the
responsibility, authority and means to
· inform all concerned parties of this action,
· ensure that the Plan is reviewed at least annually, and after every significant
natural disaster affecting the city, and
· collect and maintain records necessary to update the Plan on a five-year revision
cycle,
Furthermore, the City of Corpus Christi shall ensure that the mitigation strategy is reviewed, and
where appropriate, incorporated into other land use and planning mechanisms to the extent
oermitted unrler the laws of the Constitution of the State of Texas
~....,..,-
RIQUIRED COUNCIL ACTION: It is recommended that the Council adopt this resolution.
PN:VlOUS COUNCIL ACTION: The City Council accepted the grant that funded this project in
November of 2002.
CONCLUSION AND RECOMMENDATION: Adoption of the proposed resolution is recommended.
RiCha~~
Acting Fire Chief
~'" .,-
BACKGROUND INFORMA liON
Project Background:
Disaster Mitigation Act of2000 (DMA2K). P.L. 106-390, Title II, Section 104 Amended the
Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act) by adding
Section 322. which established the requirement for mitigation planning as a condition of the
receipt of either pre-or post-disaster mitigation project grant funds. Subsequent rules published
hy FEMA. established November 1,2003 (Pre-Disaster Mitigation projects) and November 1,
2004 (Hazard Mitigation Grant Program post-disaster projects) as the dates after which a local
l urisdiction must have an approved mitigation plan in effect in order to receive mitigation grant
funds under these two programs
During federal Fiscal Year 21)02. funds were appropriated to provide planning grants to state and
local jurisdictions. In Texas. the Governor"s Division of Emergency Management's (GDEM)
Mitigation Section developed a regional strategy to maximize the benefit of the planning grants.
In May of 2002, the City of ('orpus Christi submitted an application for a mitigation planning
grant on behalf of itself. Kleherg, Nueces. and San Patricia counties. The grant was subsequently
awarded and the planning prncess begun Four more counties, Aransas, Bee, Jim Wells, and Live
()ak, were added to the project etTective .Julv 2003
-"
Bee
1,..........--' "-
Live
Oak 'y~
15"
::;-
Jim
Wells
1
Aransas
, _--- .r -----7
"'\1{ , ~~---- }tJ?r )
;~) .' : ~"l~an Patricio'~ ~ .-4
-::r~ ~, - -. / '"'{';-~1 . <,;J.l4I{"
i~-.~ '\~' ~~('J5','~
9 /I, . '" ~/'1 ;
. / \~~' .1 .' '. /
/ - -'l{::<., '" 11 / .
. '--.~~',~- ) 7 .',).. ~
. 13 ~ -~~10
~~N1
~. . 8 3 J-:(Jlll Nueces
~, -. ~'t.,' <".~:;>l;1/
W~ '\.~~ . ,lJ!
. y<:~f;~{j(:\~~~'/}/
2
-./-"\ y"
Map 0: projec~~l1
, ,
6
12
Kleberg
Map 0: Study /\rea
~,,-,-~
The resulting Coastal Bend Mitigation Action Plan begins with an introduction to the concept of
mitigation, a description of the planning process, and a brief description of the characteristics of
the study area that pertain 10 the analysis.
fhe second part includes a summary of previous significant disaster events, and a risk assessment
that characterizes natural hazards by intensity, extent, probability, and hazard zone.
VulnerabilIty, the other side of the risk equation, is characterized by exposure, (the people and
property at risk), and for selected hazard scenarios, by loss estimate, prepared with a loss
estimation tool. HAZUS-MH, developed by the Federal Emergency Management Agency.
The third part develops a mitigation strategy, through the articulation of long-term goals and
objectives, under four broad categories of 1) reducing loss of life and injury, 2) reducing
disruptions to essential public services and infrastructure, 3) reducing economic impacts to
residents, and 4) reducing losses to ciVIC. cultural, and environmental resources. The third part
also summarizes mitigation projects identified for implementation as funding sources become
available
Once the plan is adopted and receives final approval, the Coastal Bend Council of Governments
will assume responsibility j()r providing project support for future updates on a five-year revision
cycle
Previous related Council Agenda [terns:
Resolution No. 025107, Authorizing the City Manager or his designee to accept a $85,000 grant
from the Texas Department of Public Safety Division of Emergency Management, Under the FY
2002 Pre-DIsaster Mitigation Program, to develop a pre-disaster Mitigation Action Plan, with a
cIty in-kind match of $28,3:13, and a total project costs of $113,333; Approved November 15,
2002.
Resolution No. 025420, Authorizing the City Manager or his designee to accept a grant from the
Texas Department of Public Safety Division of Emergency Management under the FY 2002 Pre-
Disaster MitigatIon Program in the amount of $40,000 for development of a pre-disaster
Mitigation Action Plan with an in-kind city match of $] 3,333 and a total project costs of
$53,333; Approved August 19, 2003
Resolution No. 025422, Authorizing the City Manager or his designee to execute the Coastal
Bend Mitigation Action Plan Interlocal Cooperation Agreement; Approved August 19,2003.
~--.",...
Attachment #1
COASTAL. BEND COUNCIL. or fIOYINIII1HT8
RI80LUTION NO. 2517 A
~..E....... ......LUTlON TO FAC. .IUTATE THE MAINTENANCE AND COORDINA11ON 01'
AllIIND IIIHIK)NAl MmGATION ACTION PlAN PUR8UANT TO 1I&UA
AL OF THE PLAN.
wteMAI. regional OOOtdinetion for the goal of tong..term reducIon of loueI from
,..... d..... tn~' nln') 11 eonItllem tMth ..e pur'pCJUII of I\e ~ BenrJ
CcIlnaI of Govsmmenlt; and
WHIIJIIAS. under the Ois"'r MMgation Ad of 2000 and the published rutet of lie
F..... Emerpncy ~ Agen~ (FEMA).locaf ~.. be *IUired in
the ..... to haw a F&MA-approved mtIgaIon plan .s a concIIIonof competing fw
n~ 1M project grants; and
wteREAS. Ihe City of Coqaus Christi. Aransas. Bee. Jim Well. KIeberg. Uve Oak,
NuIDeI. and San PaIriao t.;OUnt1eS. and m~ therein t't8Ye ~ entered
Into en fnterfooal Cooperation Agreement for the putpOM of .-v.... theCa.
e..I-igdon Aotion Plan (MAP). to be submitted by September 30. .20().4 to FEMA
for ...... and .i.Qtd'OVAt: and
wteMAI. the MAP must include provisions as to future maintenance of the plan, and
muIi be updated andnHUbmitted for approval in .... (5) yews: and
......... OChef junsdic:tion$ not ye1 partidpatingin the eIMAP planning.projed may
~Y.itI to participate in the lulu..
~. TMIfl8IOReUIT "SOLveD, hit.. COlIIlrIf Bend CouncIl of Go\1..hl."
ao~.. to prcMde eertaWl technical and admiI....... suppoft ....... in the futt..cre.
~.from. the date that the Coastal Bend ....tIon AdIon PlenreclflMl final
aotlt>lMI from FEMA, induding, but notlmited to. the following tub:
1. Iefve u . repository for plan.related documente and data toeNIUl'8 I1at original
mi. r.f[ are lValable for updating when. due in .tve (5) years.
2 ........ 111111ri118 .... curreni'! on lheCIW'P Web ...
~.~.. l-~__), on the COUt8I Bend COO W.... .....'0.
3. ..... an .annua( .rraeetiftg of ooumy ami cIt' HeunI _,JI ~CfIb.,. to
00- t r .a, .....'Md tvekl8tion of the MItigd.ln ...... inc:IudIng .,." new ....
...... or --.. which may matarilly affect I1t riIk ...,.. .......
~..I~II..1 mIlIalon actiOns, .and .... lI.....tIOII III .... pIM....
n~~" Ju~OII. wltk;,., no IonfIer .." to ,. '....d Ia ... ~
pI&
-.-
~tion No. 2567A
P.2
4~ Coordinate the 5-year revision and m-cerlification process. IndlllCfing provtsions for
0J9ling publiIC involvement.
5. Pmvide ttIdInical and adrini$bcitive assistB~ to additional jurisdidions within the
C08S'laf Bend in the development of mitigation action plans not currently inclUded.
6~ Fl'O'\i'ide N1t1l~d .a.ssistance to all participants in the utilization of GIS data tor disaster
1I1itigalian pJar:mi:ns.
7. Maintajn awareness of mitigation funding opportunities. such as grant programs, and
adWse participants of availabilty.
DuII.wptad at a meeting of the Coastal Send Council of Governments this 1"'"
day of Septetnber 2004.
.Ct?:il:'..l--i K ~ ('
BII~ Henn;ngs. Cha~n
ATTEST:
~
~ . .- /
"N.~
sa J<)"l'enn" , Seo:o!1d Vice Chairman
Project #
RG-Ol
NU-12
NU-32
NU-06
NU-12
NU-13
NU-IS
NU-16
NU-26
NU-27
NU-28
NU-29
NU-31
'\\ i-51)
RG-OI
"....~" .."'IlIi"-
Attachment #2
Coastal Bend Mitigation Action Plan
Projects within the City of Corpus Christi
Project Description
Partner with Nueces Co, state and federal agencies, and private partners to host a
regional flood awareness workshop as a pilot, for the purpose of educating the
public on a wlde variety of flood-related issues.
Nueces Basin Feasibility Study, Cotulla Diversion Project, for the purpose of
increasing storage capacity of the Choke Canyon & Lake Corpus Christi System to
reducing floodmg and enhance regional water supply.
Replace existing data backup tape library for City Hall and Offsite storage to ensure
continuity of government services.
Implement a pre-positioned contract for hurricane debris removal.
Nueces Basin Feasibility Study, Cotulla Diversion Project, for the purpose of
increasing storage capacity of the Choke Canyon/Lake Corpus Christi System to
reducing flooding and enhance regional water supply.
Nueces Basin Feasibility Study, Two- way Pipeline Project, for the purpose of
increasing storage capacity of the Choke Canyon & Lake Corpus Christi System to
reduce flooding and enhance regional water supply.
Repairs to, and future maintenance of the Downtown Seawall Protection Structure,
providing protection of the downtown area from hurricane surge.
Contract maintenance activities associated with the pre-positioned contract for
hurricane debri s removal.
Purchase and install emergency power generation systems at Oso Waste Water
Treatment Facility.
Flood proof waste water lift stations at the Oso Waste Water Treatment Facility.
Flood proof electrical building at Greenwood Wastewater Treatment Plant.
Ongoing inspection and momtoring at the Wesley Seale Dam to detect structural
Issues and prevent dam failure.
Lease-purchase Storage Area Network to ensure data redundancy and continuity of
Police Dept. and City Hall operations.
Pre\ cntil)l1 of further cO~lstallTosiol1 at Cole Park
Participate in future years in hosting an annual flood awareness workshop for
public education on a variety of flood related issues.
RG-05
'\JU-12
NU-13
Ntr-14
NU-17
NU-18
NLJ-19
NU-20
NU-21
NlJ-22
N1J-23
NU-24
NU-25
NU-30
NU-33
"iU-34
"lU-49
rX-01
Implement a regional Incident Management Support System.
Nueces Basin Feasibility Study. Cotulla Diversion Project, for the purpose of
increasing storage capacity of the Choke Canyon/Lake Corpus Christi System to
reducing flooding and enhance regional water supply.
Nueces Basin Feasibility Study, Two-way Pipeline Project, for the purpose of
Increasing storage capacity of the Choke Canyon & Lake Corpus Christi System to
reducing flooding and enhance regional water supply.
Feasibility study of large scale desalination plant to enhance regional water supplies
and reduce disruption from drought.
Develop a comprehensive, updated, Storm Water Master Plan for the City of
('orpus Christi.
Major repairs to Storm Water Out falls to Corpus Christi Bay to prevent flooding.
(Phase 1)
Major repairs to Storn1 Water Outfalls to Corpus Christi Bay to prevent flooding.
(Phase 2)
Repair erosion and other damages to manor channels to enhance drainage and
prevent flooding
Acquire Rights-of-Way to implement drainage problem solutions and prevent
flooding.
Replace flood control pumps, engines and associated equipment at the Power St.
Pump Station to mitigate flooding in the downtown Corpus Christi area.
Participate in the Multi-hazard Flood Map Modernization program and investigate
feasibility of becoming a Cooperating Technical Partner.
Improve the Community Rating System rating for the City of Corpus Christi.
Improve the Building Code Effectiveness Grade for the City of Corpus Christi.
Update the Water Dept. Emergency Operation Plan to incorporate identification of
alternative water supplies,
Elevate emergency power transfer switch at Police Headquarters & PSAP to
prevent disruption of emergency response services.
Purchase and install an Uninterruptible Power Supply at the City of Corpus Christi
Emergency Operations Center/Alternate 9-1-1 site.
Prevention of further coastal erosion of Sunfish Island.
Develop and implement procedures for accessing Dynamic Message Signs on area
IX -02
rx -03
rX-04
....."..,~
highways.
Implement a regional plan to install! 0 fixed roadside signs to provide all hazards
emergency alert to motorists
Elevate the JFK Causeway between North Padre Island and Corpus Christi to
provide safe evacuation from hurricanes.
Elevate and WIden the Nueces Bay Causeway between Corpus Christi and Portland
to provIde safe evacuation from hurricanes.
RESOLUTION
ADOPTING THE COASTAL BEND MITIGATION ACnON PLAN
DEVELOPED WITH THE COASTAL BEND COUNCIL OF
GOVERNMENTS AND APPOINnNG THE CITY MANAGER, OR HIS
DESIGNEE, TO ACT AS THE CITY'S HAZARD MITIGATION
COORDINATOR.
WHIRIAS, certain areas of the City of Corpus Christi are subject to hurricane winds,
f1~g, drought, and other natural hazards with the potential to cause damages to
peo,lle, property, and the natural environment within the area; and
WHMIAS, the City of Corpus Christi desires to reduce future losses from such events;
and
WHMIAS, under the Disaster Mitigation Act of 2000, the United States Federal
EmEllgency Management Agency (FEMA) requires that local jurisdictions have in place
a FEMA-approved Hazard Mitigation Plan as a condition of receipt of certain future
fed_I assistance funding for mitigation after Novermber 1, 2004; and
WHIRIAS, the City of Corpus Christi has entered into the "Coastal Bend Mitigation
Action Plan Interlocal Cooperation Agreemenr with other jurisdictions within a seven-
county region for the purpose of developing Coastal Bend Mitigation Action Plan (the
Plan); and
WHMlAS, the mitigation strategy set forth in the CBMAP must be implemented,
monlored, and evaluated in the future; and
WHIRBAS, the members of the Coastal Bend Council of Governments (CBCOG) have
adopted Resolution Number 2567 A, wherein CBCOG has agreed to provide certain
administrative and technical support services necessary for Mure required updates to
the Pfan;
N~ THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CO.US CHRISTI:
SEcnoN 1. That those portions of the Plan entitled "Coastal Bend Mitigation Action
Plan- that pertain to the City of Corpus Christi be adopted.
SECTION 2. That City Manager, or his designee, shall serve as the City's Hazard
Mitigltion Coordinator, be vested with the responsibility, authority, and the means to:
a) inform all concerned parties of this action,
b) ensure that the Plan is reviewed at least annually, and after every significant
naturel disaster affecting the city,
c) coflect and maintain records necessary to update the Plan on a five-year revision
cycle.
SlCTlON 3. That to the extent permitted under the laws and Constitution of the State
of Texas, the City of Corpus Christi shall ensure that the mitigation strategy is reviewed,
and where appropriate, incorporated into other land use and planning mechanisms.
SlCTION 4. That the City Council agrees to take such other official action as may
rEMIsonably be necessary to carry out the objectives of the Plan.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Henry Garrett
Mayor
APPROVED: .J IIi 'G 1- CJ , 2006.
By: .~\h ~
Joseph amey 0
Assistant City Attorney
For City Attorney
..........-
COrJUS Christi, Texas
of
,2006
The.bove resolution was passed by the following vote:
Henry Garrett
Brent Chesney
Melody Cooper
Jerry Garcia
Bill Kelly
Rex A. Kinnison
John E. Marez
JeSle Noyola
Martt Scott
~""4'
13
AGENDA MEMORANDUM
Date: August 22,2006
stJBJECT: Corpus Christi Air Quality Research Projects
Environmental Programs
AeENDA ITEM: Resolution authorizing the City Manager to execute an Interlocal
Cooperation Agreement with Texas A&M University-Corpus Christi in the amount of
$345,000 for the Pollution Prevention Partnership and educational outreach program,
which includes small business assistance and public education on pollution prevention
and air quality in Nueces and San Patricio Counties.
IS8UE: The City of Corpus Christi has entered into a contract for a $884,600 grant
from the Texas Commission on Environmental Quality (TCEQ) for the purpose of
conducting air quality research, planning, and educational outreach in Nueces and San
Patricio Counties for FY 2006/2007. Texas A&M University-Corpus Christi (TAMU-CC)
is seeking a subcontract to perform certain specified portions of the project work.
FUNDING: The TCEQ provided the City of Corpus Christi with a grant in the amount of
$814,600 to fund air quality research and small business assistance projects in Nueces
ani San Patricio Counties during the state FY 2006-2007, which has been appropriated
into the No. 1071 Community Improvement Grants Fund.
RBCOMMENDATION: Staff recommends approval of the resolution as presented.
'~
~Ronald F. Massey
Assistant City Manager, Pub Works
and Utilities
Attachments:
1 . Summary of T AMU-CC Contract
~"""""
BACKGROUND INFORMATION
Subject: Corpus Christi Ozone Near Non-Attainment Area Research Study
Pr~t Description: The TCEQ continues to provide grant funding to Texas cities
neating non-attainment of the National Ambient Air Quality Standards (NMQS). The
City is acting as the prime contractor with TCEQ and subcontracting the research
portion of the work to Texas A&M University-Corpus Christi (TAMU-CC).
T AMU-CC is seeking a contract with the City for continuation of a program in pollution
prewntion for small business and public education for air quality in Nueces and San
Patrlcio Counties. This contract will also be funded through the TCEQ grant funding,
and is a continuation of currently ongoing projects.
The TCEQ is funding these programs in Corpus Christi and other Texas cities close to
exceeding the ozone standard with Appropriation Rider 8 to the FY 2006/2007 TCEQ
Budlet.
The region is close to violating the National Ambient Air Quality Standard (NMQS) for
ozone and must comply with standards for fine particulates. The Pollution Prevention
Pa~rship managed by T AMU-CC provides outreach and assistance to small
busiless in emissions reduction strategies to achieve that goal. The program began in
FlY 1996-1997 under a similar Appropriations Rider (Rider 26) and execution of a
Fled>le Attainment Region Agreement between the U.S. Environmental Protection
Agency (EPA), TNRCC, and the City. The program continued through 1998/1999 with
Appropriations Rider 17 funding, Appropriations Rider 13 for FY 2000/2001 and
2001/2003, and Appropriations Rider 8 for FY 2004/2005.
Should the area be designated as non-attainment, the sanctions imposed by EPA will
be Vlery detrimental to future area economic development. It could also jeopardize
highway funds until EPA approves prescribed planning for regaining attainment status.
Prior Council Action:
Simlar project funding grants from TCEQ have been used in prior years to carry out the
nectssary research and outreach activities, which have been instrumental in
mailtailing our attainment status to date. Council authorized execution of TNRCC
Co'*ad No. 582-6-70888 for $884,600 and appropriated those funds (Ord. No.
026155, December 5,2550). A work plan detailing the project work to be conducted
with the subject funds was developed and has been accepted by the TCEQ and is
included as an attachment to the agreement.
Fu"'re Council Action: Approval of contracts for $25,000 or more for FY2006-2007
Appropriations Rider Funded project work, which may be developed during the life of
the e<>ntract.
SUMMARY
INTERLOCAL COOPERATION AGREEMENT BETWEEN
CITY OF CORPUS CHRISTI AND TEXAS A&M UNIVERSITY - CORPUS CHRISTI
FOR POLLUTION PREVENTION PARTNERSHIP
AND EDUCATIONAL OUTREACH PROGRAM
(CORPUS CHRISTI OZONE NEAR NON-ATTAINMENT AREA SMALL BUSINESS
ASSISTANCE AND PUBLIC EDUCATION
ON POLLUTION PREVENTION AND AIR QUALITY)
Stlbcontract Provision - Texas A&M University-Corpus Christi (TAMU-CC) will receive
continued funding for the Pollution Prevention Partnership program begun under the original
Interlocal Agreement executed in 1998. Print shops, wood refinishers, industrial surface
cC8ters, gasoline retailers, auto body shops, and other small business sectors received
pollution prevention assistance under the original and subsequent agreements. This
amendment will allow expansion of those efforts to operators of on and off-road mobile
sources. It will also provide for follow-up assistance to the businesses currently participating
in the program.
Pre and post surveys were implemented for those businesses participating to quantify
emissions reductions, which have been realized as a result of the program. These surveys
have been coordinated with other on-going emissions inventory work as part of associated
project work.
T AtJIUCC also conducts public education and outreach programs as outlined in the Work
Plan approved by TCEa. T AMU-CC operates a remote vehicle emissions sensing system
(AutoCheck) to detect high emitting vehicles and offers repair assistance on emissions
control systems. This service is voluntary and offered to the public at various community
events and activities.
R8fponsiblllties of Subcontractor - T AMU-CC will extend the small business outreach to
additional small business categories in addition to those that received pollution prevention
gu.ance under the previous subcontracts. This extension represents a continuation of
curtently on-going projects. Pre and post program surveys will be implemented to establish a
meesurable emission rate prior to voluntary efforts being established, and after to produce
definable, measurable emission reductions through voluntary efforts recommended in the
program
Pawment - Payment to T AMU-CC will be on a cost-reimbursement basis. T AMU-CC will
doaument costs as required by TCEQ.
Tenn - The contract terminates on August 31,2007 unless the Texas Legislature provides
TCla the authority to carry forward money into the FY 2008-2009 biennium.
I ATTACHMENT #1
~"~
RESOLUTION
AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL
COOPERATION AGREEMENT WITH TEXAS A&M UNIVERSITY --
CORPUS CHRISTI IN THE AMOUNT OF $345,000 FOR THE
POLLUTION PREVENTION PARTNERSHIP AND EDUCATIONAL
OUTREACH PROGRAM, WHICH INCLUDES SMALL BUSINESS
ASSISTANCE AND PUBLIC EDUCATION ON POLLUTION
PREVENTION AND AIR QUALITY IN NUECES AND SAN PATRICIO
COUNTIES
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. The City Manager is authorized to execute an interlocal cooperation
agreement with Texas A&M University -- Corpus Christi in the amount of $345,000 for
the Pollution Prevention Partnership and educational outreach program, which includes
small business assistance and public education on pollution prevention and air quality in
Nueces and San Patricio Counties..
SECTION 2. The City Manager is authorized to make editorial and non-substantive
modifications and execute amendments to the interlocal cooperation agreement without
the further approval of the City Council that do not require the appropriation of additional
funds or exceed the City Manager's authority to amend contracts, including, but not
limited to, time extensions, modifications to schedule, modifications in scope of work,
and any changes dictated by entities providing grant funding for the project.
ATTEST'
THE CITY OF CORPUS CHRISTI
Armando Chapa
CIty Secretary
Henry Garrett
Mayor
AP~: ':~f August. 2006
R. J R Ining .------.
First Assistant City Attorney
For City Attorney
Corpus Christl, Texas
----_ of _________ ,2006
The above resolution was passed by the following vote:
Henry Garrett
Brent Chesney
Melody Cooper
Jerry Garcia
8m Kelly
Rex A. Kinnison
John Marez
Jesse Noyola
Mark Scott
-_._.._._---~..-._-_...._.-
......."'*-
14
~..,~
CITY COUNCIL
AGENDA MEMORANDUM
AGENDA ITEM: Resolution approving the second extension of the agreement between
the Corpus Christi Business and Job Development Corporation (4A) and ACCION TEXAS,
Inc. for $150,000 to fund the Interest Buy Down program and $25,000 for a loan loss
reserve
ISSUE: A one year extension to the contract with ACCION TEXAS to provide financial
services to small business owners by funding an Interest Buy Down program and providing
funds for a loan loss reserve
REQUIRED COUNCIL ACTION: Approval of the second extension to the agreement
between the 4A Corporation and ACCION TEXAS, Inc.
PREVIOUS COUNCIL ACTION: The agreement was originally approved on July 27, 2004.
In 2005. the agreement was extended through July 31,2006.
FUHDlNG: Funds for Small Business grants, through the 4A Corporation, have been
budgeted for the 2006-2007 period
CONCLUSION AND RECOMMENDATION: Recommend approval of the second
extension of the agreement between the Corpus Christi Business and Job Development
Corporation and ACCION TEXAS, Inc
o-~) {l~
I rma Caballero
Director of Economic Development
Attachments
Letter dated July 3, 2006 from Janie Barrera
2 ACCION TEXAS report listing loans executed from onset of the agreement to current period
3 Agreement
BACKGROUND INFORMATION
The Corpus Christi Business and Job Development Corporation granted ACCION
TEXAS a one-year extension to their agreement on July 10, 2006 pending final
approval from the City Council.
In 2005, ACCION was awarded $91 ,000 to provide interest buy down loans to small
busmess owners, who are unable to obtain loans from traditional banking sources.
To dete, they have executed 24 loans creating a total of 30 new jobs and 68 retained
Jobs. Balance of the current agreement is $1,250 dollars. ACCION has been
successful in marketing their services and has a loan ready to execute immediately if
Council concurs with the recommendation of the 4A Corporation.
Key provisions of the agreement are
ACCION anticipates it will have $1 million available on an annual basis to be lent to
qualifying small businesses in Corpus Christi.
A new full time permanent job must be created for every $50,000 in loan generated
by ACCION TEXAS within two years of the loan approval.
Businesses receiving loans must be located within the city limits of Corpus Christi.
Loan amounts shall range from $5,000 to $50,000.
Reports shall be submitted quarterly; identifying loans made, name and address of
businesses receiving loans, jobs created and other data as may be requested by the
4A Corporation.
ACCION TEXAS will provide funds for operations and loan capital to implement and
sustain the program.
Total funds available on an annual basis from the 4A Corporation for the Interest Buy
Down program are $150 000
ACCION TEXAS agrees to adhere to a buy local provision for suppliers, contractors,
and labor.
Upon termination of the Agreement and after repayment or other conclusion of all
lending arrangements assisted by this Loan Loss Reserve Program ACCION Texas
will return to the Corporation any unexpended funds remaining from this Loan Loss
r-~ ,~~;ser'v'c Progranl
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5
ACC( e N
.! u!\ ~ _1)(11)
Irma Cdballero
Director of EI.:onomics Development
('ity of ('orpus Christi
City Hall
1201 Leopard Sc. 5th Floor
Corpus Christi. TXD 7R40 1
Dear Irma.
Thank you for allO\ving ACTION Texas to submit our request for funds from the City of
Corpus Christi to continue our \vork of assisting small business owners. Our request is for
$] 50.000 for the Interest Buy Down Program and $25,000 to add to our loan loss reserve
for loans made in Corpus Christl. This reserve is for all loans made in Corpus, loans from
the Interest Buy Down program using 4A Board funds and loans made using other funds
obtained for Corpus Chnsti.
The City of Corpus Chnsti interest hu) -down program has helped ACCION Texas
support d variety of small businesses. L nder the program. which we began to operate in
the fall ()f 2004, \ve have made $522.] 67 in loans. The interest rates on these loans are
5.5% /\CCION Texas )\)ans have helped start-up businesses get off the ground, as well
as long-established businesses expand and take advantage of nev, opportunities. The
small business owners have created 29 jobs.
In additIOn to using 4/\ Board Funds. !\t'CION Texas has received funds from other
sources tu make loans that do not match the 4/\ Board eligibility requirements, The
interest rates on these loans range bet\veen 8% and] 6.5%.
The following IS an acti, ity report for Corpus Christi:
Corpus Christi TOTAL outstanding portfolio: $956.797. Total loans 102. Total
dIsbursed: $1.2 million
2. 4/\ Board funds ONL Y; outstanding portf()lio: $420.000. Loans made 24. Total
dIsbursed: $522.000
3 Delinquency: 3.900 (Portfolio at risk is equal to the outstanding balance ofloans
past due more than 31 days divided by the total outstanding loan portfolio
4. Write offs: 2 loans totaling $22J)00; 5% of portfolio. One loan from 4A Board
funds One loan from other funds
'-ervlIlg small husinesses throughout Texas
( ,."ra] r ItL., 2014 S. i ial,herT\~trt.el 'an \nl 1l1O.1".'JS -"8211111 210-22h ~ht>4 !toll-freei 1188-21S-2373 (f) 210-533-2940 www.acciontexas.org
...........-
5. Grants 2004 & 2005: American Bank $20,000; LNB $10,000; Citgo $15,000;
Valero $20,000; Sisters of the Incarnate Word and Blessed Sacrament $25,000;
Grants 2004-2006 City of Corpus Christi $200,000.
6 Investments: $150,000 American Bank; $200,000 Christus Health. We also use
funds from statewide investors such as Frost Banlc Bank of America and different
religious congregations.
7. 2006 Operating Budget: $245,000
8 2006 Loan Capital Requirement: $795.000
9 2006 Projected loan production 55 loans for a total of $550,000 disbursed. As of
June 15. 2610an5 have been made and $335,000 disbursed
As a financial institution. we are obligated to have a loan loss reserve for lending. This is
a board mandate and is based on historical losses. Every year the Board of Directors
revie\\s the adequac) of the resene. Every year it can fluctuate depending on losses of
the prevIOus year The optimal reserve for 2006 is 6.5% of the portfolio. Below is a chart
listing the outstanding portfolio and required reserves for Corpus Christi and the other
Texas cities we serve. In Corpus Christi, we have a deficit of $16,000 and project an
additional $9,000 will be needed this year as the portfolio in Corpus Christi grows. We
must maintain the 6.5% loan loss provision whether we use the funds for defaults or not.
So as the portfolio grows in CC, more needs to be added to the loan loss reserve. It is a
situation nf the good ne\vs, bad news routine. The good news is the portfolio is growing
and is strong \\ith only two defaults. The bad news is we must continue to raise
additional funds to continue to do Ollr mission of serving hard working small business
o\vners.
LOAN LOSS RESERVE REOUIRMENTS
Current reserve Optimal reserve (6.5%) Current difference
Austl n $ 525 047 $ 32,286,44 $ 34,128.06 $ (1,841.62)
Brownsville $ 626461 $ 38,522.64 $ 40,719.97 $ (2,197.33)
Corpus $ 956,797 $ 46,192.00 $ 62,191.81 $ (15,999.81 )
Dallas $ 1.865,837 $ 114,734.93 $ 121,279.41 $ (6,544.47)
EI Paso $ 1.369.322 $ 84,203.00 $ 89,005.93 $ (4,802.93)
Houston E S 1 660 698 $ 102,12043 $ 107,945.37 $ (5,824.94)
Houston W $ 686 128 $ 42,191.71 $ 44,598.32 $ (2,406.61)
McAllen $ 1 073.450 $ 66,009.09 $ 69,774.25 $ (3,765.16)
Laredo $ 105 013 $ 6,457.51 $ 6,825.85 $ (368.34)
San
Antonio $ 2,835,831 $ 174,382.26 $ 184,329.02 $ (9,946.75)
$ 11 704 584 $ 707,10000 $ 760,797.96 $ (53,697.96)
The information above includes all loans made in Corpus Christi. The outstanding
portfolio for the 4A portion of the fund is $420.000. The requirement for this portion of
the fund is $27.430.
We are very grateful for the funds received from the 4A Board in support of our mission
~",_ _._, _ <1 _ 1\ (.(" " . ~I 1 _.~ 1 ,. '.' .__, TI' i~. 1 ,,,1 ." ___.~ 1.-\ r--".".--J f"".~ 1. _"'-,-" 4
ll' il1,- (I,.', -41 I.! \.'\' I',IJ II!\... l\'..til IIJ.").) 1\..'....'__1 \\..-.11 [\.t.1 1 1..--' SLll lL.(.l.')Ul!:J.. -;-r\.lJUalU 1 LUlU.') alC l1Ul
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eligible for the entire loan loss reserve, then we respectfully requests the City of Corpus
Christl to assist us in obtaining funds to satisfy our requirement and raise $25,000 from
other funding sources
I am \ ery grateful for all the support we have received to date and together we have a
very strong program. We should be proud of all that has been accomplished in disbursing
much needed loan capItal and building strong businesses and families. I look forward to
our continued partnership.
Please call me at 21 0 ~07 4283 or email me at ibarrerarmacciontexas.org if you have
comments for questions.
Sincerely.
\,._.-/:iJ1/JU..(' ~ kr.>-r..-,-
J~ie Barrera
President and CEO
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en
AGREEMENT BETWEEN THE CORPUS CHRISTI BUSINESS AND JOB
DEVELOPMENT CORPORATION AND ACCION TEXAS, INC.
This Agreement ("Agreement") is entered into between the Corpus Christi Business and Job
Development Corporation ("Corporation") and ACCION Texas, Inc., a Texas nonprofit
corporation "ACCION Texas").
WHEREAS, the Texas Legislature in Section 4A of Article 5190.6, Vernon's Texas Revised
Civil Statutes (Development Corporation Act of 1979) empowered local communities with the
ability to adopt an optional local sales and use tax as a means of improving the economic health
and prosperity of their citizens:
WHEREAS, on November 5, 2002, residents of the City of Corpus Christi ("City") passed
Proposition 2. New and Expanded Business Enterprises, which authorized the adoption ofa sales
and use tax for the promotion and development of new and expanded business enterprises at the
rate of (me-eighth of one percent to be imposed for 15 years;
WHEREAS, the l/8th cem sales tax authorized by passage of Proposition 2 was subsequently
enacted by the City Council and filed with the State Comptroller of Texas, effective April 1 ,
2003, to be administered by the Corpus Christi Business and Job Development Corporation
Board:
WHEREAS, the Corpus Christi Business and Job Development Corporation exists for the
purposes 0 f encouraging and assisting entities in the creation of jobs for the citizens of Corpus
Christi. Texas.
WHEREAS, the Board of Directors ofthe Corporation ("Board"), on May 5, 2003, adopted the
Corporation's Guidelines and Criteria for Granting Business Incentives;
WHEREAS, Section 21 ofthe Texas Development Corporation Act of 1979, Art. 5190.6,
Vernon's Texas Revised Civil Statutes, requires the City Council to approve all programs and
expenditures of the corporation:
WHEREAS, the City Council approved the Corporation's Guidelines and Criteria for Granting
Business Incentives on May 13. 2003:
WHEREAS, ACCION Texas is a Texas nonprofit corporation whose principal mission is to
provide loans to small business owners lacking access to commercial credit and ACCION Texas
has provided $39 million in 6,700 loans to over 4,100 clients in Texas from 1994 to 2005;
WHEREAS, ACCION Texas, through its contract with the Corporation has provided $150,000
in interest buy down loans to 23 small business owners, providing 30 new and 68 retained jobs in
Corpus Christi since July, 2004;
C:\OOCUM E-] \User\LOCALS-I ITemp\ACCION TEXAS Agreement 06081 O.doc
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WHEREAS, ACCION Texas anticipates disbursing, over the next twelve months, approximately
20 loans with a total value 01'$25,000 to low and moderate income micro and small business
uwners in Corpus Christi to generate 20 new permanent full-time jobs;
WHEREAS, the Board has determined that it is in the best interests of the citizens of Corpus
Christi, Texas that business development funds be provided to ACCION Texas, through the one-
vear extension ofthe contract with ACCION Texas, to be used by Acci6n Texas for small
business loan assistance programs which will result in creation of new full-time permanent jobs
m the city of Corpus Christi
In consideration of the covenants, promises, and conditions stated in this Agreement,
Corporation and ACCION Texas agree as follows:
Effective Date. The effective date of this Agreement ("Effective Date") is the latest date that
either party executes this Agreement.
^>
Term. The term of this Agreement is tor one year from August 1, 2006, through July 31,
2007. This agreement may be extended at the option of the Corporation fur ap to twa
additional one year term:;, contingent upon ar.nual appropriation of funds.
:;
Loan Loss Reserve Program.
a. pursuant to the Agreement between the Parties dated July 8. 2004. and amended April
19,2005. ffi in consideration for creation and maintenance of new jobs as provided in
this Agreement, the Corporation agrees to pay paid $50,000 '.vithin 30 days of
C:orporation's exeootion of this ,^.greement and the COl:poration agrees to pay $25.000
within 30 days ofCorporation'~_execution of this Agreement for the Loan Loss
Reserve Program.
b. The Loan Loss Reserve Program funds will be used to allow ACCION Texas to
leverage additional capital for small business loans.
c. "Small business" is defined in the Corpus Christi Business & Job Development
Corporation Guidelines & Criteria for Granting Business Incentives ("Corporation
Guidelines), adopted on May 5.2003, and amended on July 24,2004, and April 25,
2006
d. ACCION Texas anticipates that it will have one million dollars available on an
annual basis to be lent to qualifying small businesses in Corpus Christi.
e. For every $50,000 in loans that ACCION Texas provides to a small business in
Corpus Christi, ACCION Texas shall ensure that the loan will result in the creation of
one new full-time permanent job in the city of Corpus Christi.
f Businesses assisted must be located in or locating within the city limits of Corpus
Christi, Texas.
c \DOCUM E~ I \U senLOCALS-1 \ T cmp\ACC ION TEX AS Agreement 0608 10. doc
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g. Businesses assisted must be unable to obtain a loan form traditional lending
institutIons.
h. Loan amounts shall be within the range of$+ ~,OOO to $50,000.
I. ACCION Texas shall provide the Corporation with quarterly reports to identify the
loans made, name and address of business receiving loan, jobs created, and other
reports as requested by the Corporation.
.1. ACCION Texas shall provide the corporation with quarterly reports of capital
available for loans to qualified Corpus Christi small businesses or qualified small
businesses locating to Corpus Christi.
k. ACCION Texas will provide funds for operations and loan capital to implement and
sustain the pro gram.
l. At the termination of this agreement and after repayment or other conclusion of all
loans assisted by Interest Buy Down Program. ACCION Texas will return to the
Corporation any unexpended funds remaining from this Loan Loss Reserve Program.
4. Interest Buy Down Program.
a. In consideration for creation and maintenance of new jobs as provided in this
Agreement. the Corporation agrees to pay ACCION Texas up to $150,000 for the
Interest Buy Down Program as follows:
I. ACCION Texas must first receive a request for a loan from a small business
located in C'orpus Christi, or a business locating in Corpus Christi ("Business").
11. ACCJON Texas shall review the request for a loan from the Business.
Ill. Upon ACCION Texas approval of a loan and prior to the closing of the loan,
ACCION Texas shall submit Attachment "A" to the Corporation requesting funds
to buy down the interest rate from the interest rate allowable per the underwriting
criteria to =' 5%. The Corporation authorizes an interest buy-down up to 7% of
the mterest rate to finance the loan. Payment by Corporation shall not exceed
$17500 per loan and shall be calculated using the following formula:
(Loan amount x interest rate to buy down to 5.5%) / 12 = N
N x number of payments=interest buy down reimbursement to Acci6n for
business loan. (The number of monthly payments shall not exceed sixty (60).)
Example: ($10,000 x 7%) 12 = 55.33
55.33 x 36 $2.100 = amount to be reimbursed to ACCION for business loan.
IV. The Corporation shall provide a response to approye or deny the reimbursement
for the Interest Buy Down Program funds to ACCION Texas within 2 business
days of receipt of Attachment "A." The Corporation shall reimburse funds within
30 days after evidence of closing the loan is submitted.
v. The total funds available on an annual basis under the Interest Buy Down
Program under this agreement is $150,000.
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b. The loans assisted with the program shall be within the range of$5,000 to $50,000.
c. This program shall result in the creation of one permanent full-time job per every
$50,000 in loans assisted with the Interest Buy Down Program within two years of
the loans. ACCION Texas shall ensure that the loan will result in the creation of one
new full-time permanent job in the city of Corpus Christi.
d. Businesses assisted through this program must be:
1. Unable to obtain a loan from a traditional financial institution or unable to qualify
for the total needed for a business loan through a bank or credit union, in which
case ACCION Texas can loan the remaining amount with the buy-down interest
rate program 10 conjunction with the bank\credit union.
II. Located in or locating in Corpus Christi city limits.
Ill. New or expanding business or home-based businesses located in the Corpus
Christi city limits.
1\ Current on payment of all sales taxes.
v. Current on payment of all ad valorem taxes in the City of Corpus Christi.
e. The following projects are ineligible for this program:
1. Refinancing of existing loans or debt
11. Businesses located outside the Corpus Christi city limits
Ill. Home-based businesses located outside the Corpus Christi city limits
1V. Loans to existing businesses which are not planning on expanding
v. Business retention.
f. ACCION Texas shall provide the Corporation with quarterly reports as provided in
Attachment "B" to identify the loans made, name and address of the business
receiving the loan, jobs created under the Interest Buy Down Program, and other
reports as requested by the Corporation.
g. ACCION Texas shall provide funds for operations and loan capital to implement and
sustain the program.
h. ACCION Texas shall develop loan underwriting criteria and payment terms and
conditions for its loan program and provide to the Corporation.
5 Job Creation Qualification.
a. In order to count as a created job under this Agreement, the job must pay wages as
required by Section 38(b) of the Development Corporation Act of 1979, as amended,
which is the median wage ofthe occupation in the Corpus Christi MSA as determined
by Texas Workforce Commission's Texas Industry Profiles report.
b. A full-time permanent job is one that provides at least 2,080 hours annually.
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c. ACCION Texas agrees to confirm and document to the Corporation that each job
created as a result of funding provided by this Agreement is maintained throughout
the term of the loan to the Business.
d. ACCION Texas agrees to provide Corporation with a sworn certificate by authorized
representative of each shall business assisted under this Agreement certifying the
number of full-time permanent employees employed by the small business.
e. ACCION Texas shall ensure that the Corporation is allowed reasonable access to
personnel records of the small businesses assisted under this Agreement.
6. Buy Local Provision.
a. ACCION Texas agrees to use its best efforts to give preference and priority to local
manufacturers, suppliers, contractors, and labor, except where not reasonably possible
to do so without added expense, substantial inconvenience, or sacrifice in operating
etllciency.
b. For the purposes of this section, the term "local" as used to describe manufacturers,
suppliers, contractors, and labor includes firms, businesses, and persons who reside in
or maintain an office within a 50- mile radius ofNueces County.
7. Local Offices. Two staff persons ofACCION Texas offices shall be located in Corporation
designated offices or a mutually agreeable location.
I. Representation on Accion Texas governing board. ACCION Texas agrees
to appoint a person designated by the Corporation as a member of Acci6n
Texas governing board.
8. Warranties. ACCION Texas warrants and represents to Corporation the following:
a. ACCION Texas a corporation duly organized, validly existing, and in good standing
under the laws of the State of Texas, has all corporate power and authority to carry on
Its business as presently conducted in Corpus Christi, Texas.
b.ACCION Texas has the authority to enter into and perform, and will perform, the
tenns of this Agreement.
c. ACCION Texas has timely filed and will timely file all local, State, and Federal tax
reports and returns required by laws to be filed and all Texas, assessments, fees, and
other governmental charges, including applicable ad valorem taxes, have been timely
paid, and will be timely paid, during the term of this Agreement.
d. ACCION Texas has received a copy of the Texas Development Corporation Act of
1979, Art. 5190.6, Vernon's Texas Revised Civil Statutes, and acknowledges that the
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funds granted in this Agreement must be utilized solely for purposes authorized under
State law and by the terms of this Agreement.
e. I f an audit determines that the funds were not used for authorized purposes, Acci6n
Texas agrees to reimburse Corporation for the sums of money spent for purposes not
authorized by law within 30 days written notice requesting reimbursement.
f. The parties executing this Agreement on behalf of ACCION Texas are duly
authorized to execute this Agreement on behalf of ACCION Texas.
10. Compliance with Laws. ACCION Texas shall observe and obey all applicable laws,
ordinances, regulations, and rules ofthe Federal, State, County and City governments.
\ I. Non-Discrimination. ACCION Texas covenants and agrees that ACCION Texas will not
discriminate nor permit discrimination against any person or group of persons, with regard to
employment and the provision of services at, on, or in the Facility, on the grounds of race,
religion, national origin, marital status, sex, age, disability, or in any manner prohibited by
the laws of the United States or the State of Texas.
12. J'orce Majeure. If the Corporation or ACCION Texas are prevented, wholly or in part, from
fulfilling its obligations under this Agreement by reason of any act of God, unavoidable
accident, acts of enemies, fires, floods, governmental restraint or regulation, other causes of
Jbrce majeure, or by reason of circumstances beyond its control, then the obligations ofthe
Corporation or Acci6n Texas are temporarily suspended during continuation of the force
majeure. If either party's obligation is affected by any ofthe causes of force majeure, the
party affected shall promptly notifY the other party in writing, giving full particulars of the
force majeure as soon as possible after the occurrence of the cause or causes relied upon.
13. Assignment. ACCION Texas may not assign all or any part of its rights, privileges, or
duties under this Agreement without the prior written approval ofthe Corporation and City.
Any attempted assignment without approval is void. and constitutes a breach of this
Agreement.
14. Indemnity. ACCION Texas covenants to fully indemnifY, save, and hold harmless the
Corporation, the City, their respective officers, employees, and agents ("Indemnitees")
against all liability, damage, loss, claims demands, and actions of any kind on account of
personal injuries (including, without limiting the foregoing, workers' compensation and
death claims), or property loss or damage of any kind, which arise out of or are in any
manner connected with, or are claimed to arise out of or be in any manner connected with
ACCION Texas activities conducted under or incidental to this Agreement, including any
injury, loss or damage caused by the sole or contributory negligence of any or all ofthe
lndemnitees. ACCION Texas must. at its own expense, investigate all those claims and
demands. attend to their settlement or other disposition, defend all actions based on those
claims and demands with counsel satisfactory to Indemnitees, and pay all charges of
attorneys and all other cost and expenses of any kind arising from the liability, damage, loss,
claims, demands, or actions.
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-"IIIIJ,II!"".....
15. Events of Default The following events constitute a default of this Agreement:
a. Failure of ACCION Texas to timely, fully, and completely comply with anyone or
more of the requirements. obligations, duties, terms, conditions, or warranties of this
Agreement.
b. The CorporatIon or City determines that any representation or warranty on behalf of
ACCION Texas contained in this Agreement or in any financial statement, certificate,
report, or opinion submitted to the Corporation in connection with this Agreement
was incorrect or misleading in any material respect when made;
c. Any judgment is assessed against ACCION Texas or any attachment or other levy
against the property ofACCION Texas with respect to a claim remains unpaid,
undischarged, or not dismissed for a period of 30 days.
d. ACCION Texas makes an assignment for the benefit of creditors.
e. ACTION Texas files a petition in bankruptcy, or is adjudicated insolvent or bankrupt.
f If taxes owed by ACCION Texas become delinquent, and ACCION Texas fails to
timely and properly follow the legal procedures for protest or contest.
g. ACCION Texas changes the general character ofbusiness as conducted of the date
this Agreement is approved by the Corporation.
16. Notice of Default. Should the Corporation or City determine that Accion Texas is in default
according to the terms of this Agreement, the Corporation or City shall notify ACCION
Texas in writing of the event of default and provide 60 days from the date of the notice
("Cure Period") fbr ACCION Texas to cure the event of default.
17. Results of Uncured Default. After exhausting good faith attempts to address any default
during the cure Period. and taking into account any extenuating circumstances that might
have occurred through no fault ofACCION Texas, as determined by the Board of Directors
of the Corporation, the following actions must be taken for any default that remains uncured
after the Cure Period.
a. ACCION Texas shall immediately pay $200,000 to Corporation, with interest at the
mterest rate paid by the City on its most recently issued general obligation bonds
from date of expiration of Cure Period until fully paid.
h. ACCION Texas shall pay Corporation reasonable attorney fees and costs of court to
collect amounts due to Corporation.
c. The Corporation shall have no further obligations to ACCION Texas under this
Agreement.
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d. Neither the CIty nor the Corporation may be held liable for any consequential
damages.
e. The Corporation may pursue all remedies available under law.
I S. No Waiver.
a. No waiver of any covenant or condition, or the breach of any covenant or condition of
this Agreement, constitutes a waiver of any subsequent breach of the covenant or
condition of the Agreement.
b. No waiver of an) covenant or condition, or the breach of any covenant or condition of
thIS Agreement, Justifies or authorizes the nonobservance on any other occasion of
the covenant or condition or any other covenant or condition of this Agreement.
c. Any waiver or indulgence of ACCION Texas' default may not be considered an
estoppel against the Corporation.
d. I t IS expressly understood that if at any time ACCION Texas is in default in any 0 fits
conditions or co\enants of this Agreement, the failure on the part of the Corporation
to promptly avail itself ofthe rights and remedies that the Corporation may have, will
not be considered a waiver on the part ofthe Corporation, but Corporation may at any
tune avail itself 0 fthe rights or remedies or elect to terminate this Agreement on
account of the default.
I 9. Notices.
a. Any required written notices shall be sent mailed, certified mail, postage prepaid,
addressed as tollows:
ACCION Texas:
ACCION Texas
Attn.: Janie Barrera
2014 Hackberry
San Antonio. Texas 78210
Corporation:
City of Corpus Christl
Business and Job Development Corporation
Attn.: Executive Director
1201 Leopard Street
Corpus Christi, Texas 78401
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b. A copy of all notices and correspondence must be sent the City at the following
address:
City of Corpus Christi
Attn.: City Manager
P.o. Box 9277
Corpus Christi, Texas 78469-9277
c. Notice is effective upon deposit in the United States mail in the manner provided
above.
20. Incorporation of other documents. The Corpus Christi Business and Job Development
Corporation Guidelines and Criteria for Granting Business Incentives ("Corporation
Guidelines"). adopted May 5, ~. as amended, are incorporated into this Agreement.
21. Amendments or Modifications. No amendments or modifications to this Agreement may
be made, nor any provision waived, unless in writing signed by a person duly authorized to
sign agreements on behalf of each party.
22. Relationship of Parties. In performing this Agreement, both the Corporation and ACCION
Texas will act in an individual capacity, and not as agents, representatives, employees,
employers, partners, joint-venturers. or associates of one another. The employees or agents
of either party may not be, nor be construed to be, the employees or agents of the other party
for any purpose.
23. Captions. The captions in this Agreement are for convenience only and are not a part ofthis
Agreement. The captions do not in any way limit or amplifY the terms and provisions ofthis
Agreement.
24. Severability.
a. I f for any reason, any section, paragraph, subdivision, clause, provision, phrase or
word of this Agreement or the application of this Agreement to any person or
circumstance is. to any extent, held illegal, invalid, or unenforceable under present or
future law or by a final judgment of a court of competent jurisdiction, then the
remainder of thIs Agreement, or the application ofthe term or provision to persons or
circumstances other than those as to which it is held illegal, invalid, or unenforceable,
will not be affected by the law or judgment, for it is the definite intent of the parties to
this Agreement that every section, paragraph, subdivision, clause, provision, phrase,
or word of this Agreement be given full force and effect for its purpose.
b To the extent that any clause or provision is held illegal, invalid, or unenforceable
under present or future law effective during the term of this Agreement, then the
remainder of this Agreement is not affected by the law, and in lieu of any illegal,
Invalid, or unenforceable clause or provision, a clause or provision, as similar in
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terms to the illegal, invalid, or unenforceable clause or provision as may be possible
and be legal, valid, and enforceable, will be added to this Agreement automatically.
25. Venue. Venue tor any legal action related to this Agreement is in Nueces County, Texas.
26. Sole Agreement. This Agreement constitutes the sole agreement between Corporation and
ACCION Texas. Any pnor agreements. promises, negotiations, or representations, verbal or
otherwise. not expressly stated in this Agreement. are of no force and effect.
27. ~rvival of terms of ae.reement and oblie.ations of oarties. The terms ofthis agreement
and the obligation of the parties relating to the Loan Loss Reserve Program and the Interest
Buy Down Program shall survive the termination of this agreement.
Corpus Christi Business & Job Development Corporation
By:
Gail HotTman
Chairperson
Date:
Attest:
By:
Armando Chapa, Assistant Secretary
<\CCION Texas, Inc.
By: ___
Janie Barrera
President and Chief Executive Officer
Date:
THE 8T A TE OF TEXAS
COUNTY OF NUECES
This instrument was acknowledg.ed before me on ,2006, by Janie
Barrera, President and Chief Executive Officer for Acci6n Texas, Inc., a Texas non-profit
corperation, on behalf of ACCION Texas, Inc.
..
Notary Public, State of Texas
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RESOLUTION
APPROVING THE CONTRACT BETWEEN THE CORPUS
CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION
AND ACCION TEXAS, INC., FOR THE PERIOD BETWEEN
AUGUST 1, 2006, AND JULY 31, 2007
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS, THAT:
SECTION 1. The City Council of the City of Corpus, Texas, approves the
contract between the Corpus Christi Business and Job Development Corporation
and ACCION Texas, Inc., to provide funding for the loan loss reserve and the
interest buy down program for a period of August 1, 2006, through July 31, 2007.
A copy of the contract is attached as Exhibit "A."
ATTEST.
CITY OF CORPUS CHRISTI
Henry Garrett
Mayor, City of Corpus Christi
Armando Chapa
Assistant Secretary
Approved as to form: August 16. 2006.
~~
Gary . Smith
Assistant City Attorney
For the City Attorney
H:Leg-1 )lr/gws agenda 20Pf)/OIk'2 !{es \CCl(1J1
~"-~
15
AGENDA MEMORANDUM
AGENDA ITEM:
Resolution adopting 'he eSlate Direct Recording Equipment as the new voting
system for use in Cit. elections after Janudr~y 1, 2006 as required by the Help
'\merica Vote An"
198UE:
The Help America Vote Act (42 U.S.C. 88 1973ee et seq.) mandates the use of an
accessible votIng s)'stem in each polling place conducted in any election held after
Januar~y 1, 2006 The County of Nueces has purchased the e8late Direct
Recording Equipment manufactured by Hart Inter-Civic and this system has been
certified by the Texas Secretary of State to be legally used in Texas elections. All
municipalities are req uired to adopt a voting system that complies with the Help
America Vote'\ct and submit it for approval to the U.S Department of Justice.
~OMMENDATION:
Approval of the Resolution as presented.
/~~~
_~,___. _.__.._____ _n_ _...___..____.___..____~...~
Armando Chapa
City Secretary
.......----
RESOLUTION
ADOPTING THE ESLA TE DIRECT RECORDING EQUIPMENT AS THE
NEW VOTING SYSTEM FOR USE IN CITY ELECTIONS AFTER
JANUARY 1. 2006 AS REQUIRED BY THE HELP AMERICA VOTE
ACT.
WHIREAS, Section 61.012 of the Texas Election Code required that the City of Corpus
Christi must provide at least one accessible voting system in each polling place used in
a Texas election on or after January 1, 2006. This system must comply with state and
fedarallaws setting the requirements for voting systems that permit voters with physical
disabilities to cast a secret ballot; and
WHlREAS, the Office of the Secretary of State has certified the eSlate Direct
Recording Equipment manufactured by Hart Inter-Civic as an accessible voting system
that may legally be used in Texas elections; and
WHEREAS, Section 123.032 and 123.035 of the Texas Election Code authorize the
acquisition of voting systems by local political subdivisions and further mandate certain
minimum requirements for contracts relating to the acquisition of such voting system.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. As chief elections officer of the City of Corpus Christi, the City Secretary
shaN provide at least one eSlate Direct Recording Equipment in each polling place in
every polling location used to conduct any election ordered on or after January 2, 2006.
The eSlate Direct Recording Equipment may be acquired by any legal means available
to the City of Corpus Christi, including but not limited to lease or rental from Nueces
County or from any other legal source, as authorized or required by Section 123.032
and 123035, Texas Election Code.
ATTEST:
CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Henry Garrett
Mayor
APPROVED: August 16 2006
at~
Assistant City Attorney
fnr City Attnrnoy
Corpus Christi, Texas
of
--.'^....-., ----- ~--'_.._,_._,-_._-
,2006
The above resolution was passed by the following vote:
Henry Garrett
Brent Chesney
Melody Cooper
Jerry Garcia
Bill Kelly
Rex A. Kinnison
John E Marez
Jesse Noyola
Mark Scott
~,..-..
16
"'!!W"...- -
CITY COUNCIL
AGENDA MEMORANDUM
August 22, 2006
AGENDA ITEM: Motion authorizing the City Manager or his designee to authorize
payment of invoice 10118494 for twelve months software and hardware maintenance with
Kronos, Inc. of Chelmsford, MD in an amount not to exceed $40,154.22.
ISIUE: Software and hardware must be maintained to allow for continued operation ofthe
time management system, upgrades and improvements and to ensure that it stays
compatible with other systems. Kronos, Inc. provided a quote for annual maintenance from
August 23, 2006 through August 14, 2007 of the City of Corpus Christi's Kronos system.
Kronos, Inc. is the sole provider of Kronos application software/hardware maintenance.
REiQUIRED COUNCIL ACTION: City Council approval is required for expenditures over
$25,000.
PREVIOUS COUNCIL ACTION: On July, 25 2000, City Council authorized the purchase of
the Kronos time management system from Kronos Inc. Since that time, City Council has
approved subsequent annual software/hardware maintenance renewals.
FUWDING: The total cost of $40,154.22 will be funded from the MIS Department Fiscal
Year 2005-2006 budget.
CONCLUSION AND RECOMMENDATION:
Staff recommends approval of the motion as presented.
~.;;= . 6-..."':'tJ.u~
Ogilvie F. Gericke
Director of MIS
~."'--....
Ii KRONOS
297 BlIlerica Road
~hel"'stord, rv1A. r ! 8
97" "'0 98()O
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NUMBER
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PAGE
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09-JUN06
PURCHASE ORDE_B~NtfMBER
1 at 2
REFERENCE
SERVICE CONTRACT NUMBER
1167332
CUSTOMER NUMBER
6004003
LOCATION NUMBER
136261
8)-25C' 9BOO OR OLagrone@Kronos,corn
SALES TERRITORY
South Central Contract
SHiPPiNG REFERENCE
T
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2 r~ 142.77 285,54
28 N 139.26 3,899.28
1 N 182,60 182.60
1 N 204.88 204.88
2 N 139,26 278.52
1 N 138.45 138.45
34 N 29.54 1,004.36
2 N 29,54 59,08
1 N 189.90 189,90
1 N ! 248.57 248,57
2 N 254.18 508.36
2 r~ 254.18 508.36
1 N 244.40 244.40
13 N 247.93 3,223.09
3 N 247,93 743.79
1 !~ 248.60 248.60
1 r~ 271.75 271.75
. KRONOS
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Ship to
rye f CR"I.'::, 'if",:.
FOF,\F,!
DATE
PAGE
09.JUN.06
2 of 2
RPl'SC,iR
(-.11
PURCHASE ORDER NUMBER
REFERENCE
'RPU::-: e-,RI'c
;J":,
SERVICE CONTRACT NUMBER
1167332
CUSTOMER NUMBER
6004003
LOCATION ~~UMBER
136261
Bill te
if OF C.'RPUS C'iRST
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SALES TERRITORY
South Central Contract
9-JUL 06
SHIPPING REFERENC E
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THIS S YOUR SUPPURT CONTFlil.Cl RE"JEWAl
As a '([onos support customer,/C'u have access tOJlH customer support
portal which contains all the tools and res Gurces you need to maximize
your Kronos system Visit wwwkronoS.cum. click "Customer Site" then
'Technrcal Support" and explore our Customer Forums. e.Case Management
tool. Live Online Support and much more' To access all available support
features, upgrading your support contract may be in your best interest.
Find out how by contacting your local Krt'nos sales or serv.ce
representative.
L_':_'54 'I
.
) 00 I
i
--.-.--._______L_ __
. '
000
40,154.22
Federal Tax
04-264094~
Currenc, USD
~,.......~
17
....... ..... .'^'-
CITY COUNCIL
AGENDA MEMORANDUM
August 22, 2006
AGENDA ITEM: Motion authorizing the City Manager or his designee to approve the
annual software maintenance renewal with ESRI, Inc. of Redlands, California in an amount
not to exceed $48,246.24 for the ESRI suite of products used by the City's Geographic
Information System users.
ISSUE: Software must be maintained to allow for improvements and to ensure that it stays
compatible with other systems. For these maintenance fees ESRI provides the City with
annual software updates as well as phone support. ESRI, Inc. has provided quote
#25210096 for annual mai ntenance from October 2, 2006 through October 1, 2007 of the
City of Corpus Christi's ESRI suite of application software. ESRI, Inc. is the sole provider
of ESRI application software/hardware maintenance.
BACKGROUND: ESRI suite of software is used to maintain the City's Geographic
Information System (GIS) mapping. These maps and layers represent spatial information
of the City's infrastructure and are used by Utilities, Engineering, Public Safety,
Development Center and others.
REQUIRED COUNCIL ACTION: City Council approval is required for expenditures over
$25,000
PREVIOUS COUNCIL ACTION:
March 26, 2002 City Council approved purchase of the ESRI, Inc. software including first
year maintenance.
August 19, 2003 city Council approved annual software maintenance for FY2003-2004.
August 17, 2004 City Council approved annual software maintenance for FY2004-2005.
August 23, 2005 City Council approved annual software maintenance for FY2005-2006.
FUNDING: The total cost of $48,246.24 will be funded from the MIS Department Fiscal
Year 2006-2007 budget.
CONCLUSION AND RECOMMENDATION:
staff recommends approval of the motion as presented.
O.r <-.::,......~~
Ogilvie F. Gericke
Director of M!S
"...... .-
ESRllnc
380 New York Street
REDLANDS CA 92373
SUBJECT:
MAINTENANCE QUOTE
DATE:
TO:
ORGANIZA TION:
07/06/2006
Connie Burns
CITY OF CORPUS CHRISTI
MIS DATA CENTER
361-826-4311 PHONE #: 361-880-3830
FAX#:
FROM:
FAX#:
EMAIL:
Erick Arial
909-307 -3083 PHONE #: 909-793-2853 Ex1. 3341
earial@esri.com
Number of pages transmitted
(including this cover sheet): 6
QUOTATION #25210096
*REVISED QUOTATION* REVISED QUOTATION*
Please find the attached quotation for your forthcoming software
maintenance term. Keeping your maintenance current helps you stay
up-to-date with the rapid advancements in GIS technology, and provides you
with tools that enable you to be more successful while using ESRI software.
For details about the maintenance program benefits for your licensing, please
visit http://gis.esri . co m/software/ma inte nance/qua I ifying. cfm
Customers who have multiple copies of some ESRI products may have the
option of supporting some of their licenses with secondary maintenance.
Secondary maintenance entitles users to software upgrades and technical
support through a primary license. Users must support at least one primary
license for every ten copies of each version of a product (e.g., ArcView 3.x
licensing is regarded as separate from ArcView 9.x). Please contact
Customer Service to find out more about the availability of secondary
maintenance.
If you are using ESRI products that are at previous versions, or if you have
software that is not currently covered by one of our programs, please contact
us for information about the different options that are available to you.
Do you need training? You can get affordable ESRI software training for your
entire organization with a subscription to ESRI Virtual Campus. To find out
how, visit the campus: http://campus.esrLcom/campus/catalog/subscriptions
If you have any questions or need additional information, please contact
Customer Service at 888-377-4575.
~....
10
20
30
40
50
380 New York Street
REDLANDS, CA 92373
Phone: 909-793-28533341
Fax # 909-307-3083
Quotation
Date: 07/05/2006
Quotation Number: 25210096
CITY OF CORPUS CHRISTI
MIS DATA CENTER
CITY HALL
1201 LEOPARD ST
CORPUS CHflitISTI TX 78401-2120
Attn: Connie Burns
Customer Number: 201995
For questions retarding this document, please contact Customer Service at 888-377-4575.
Send Purchase Orders To:
ESRI, Inc.
380 New York Street
Redlands, CA 92373-8100
Attn: Erick Arial
Please Include the following
remittance address on your
Purchase Order:
ESRI Inc.
File #54630
Los Angeles, CA 90074-4630
Item Qtv Product#
Unit Price
Extended Price
L 52384
Arclnfo Floating Primary Maintenance
Start Date 10/02/2006
End Date 10101/2007
3,000.00
6,000.00
10 52385
Arclnfo Floating Secondary Maintenance
Start Date 10/02/2006
End Date 10/01/2007
1,200.00
12,000.00
"2 52385
Arclnfo Floating Secondary Maintenance
Start Date: 06/24/2005
End Date 10/01/2007
2,728.77
5,457.54
52396
Alt;COGO Floating Primary Maintenance
Start Date 10/02/2006
End Date 10/01/2007
500.00
500.00
86497
ArcEditor Concurrent Use Primary Maintenance
start Date: 06/29/2007
390.41
390.41
This quotallon is valid for 90 days and is subject to your ESRI License Agreement The quotation information is proprietary and may not be
copied or released other than for the express purpose of system selection and purchase/license. This information may not be given to outside
parties or used for any other purpose without consent from EnVIronmental Systems Research Institute, Inc. (ESRI).
Any estimated sales and/or use tax has been calculated as of the date of this quotation and is merely provided as a convenience for your
organization's budgetary purposes. ESRI reserves the right to adjust and collect sales and/or use tax at the actual date of invoicing. If your
organization is tax exempt or pays state taxes directly, then prior to invoicing, your organization must provide ESRI with a copy of a current tax
exemption certificate issued by your state's taxing authority for the given jurisdiction.
Issued By: Erick Arial
Ext: 3341
[ARIALEj
To expedite your order, please reference your customer number and this quotation number on your purchase order.
.....- .,-
380 New York Street
REDLANDS, CA 92373
Phone. 909-793-28533341
Fax # 909307-3083
Quotation
Page 2
Date: 07 /05/2~
Item Qty PPoduct#
60
70
80
90
100
110 2
120
Quotation Number: 25210096
Unit Price
Extended Price
End Date 10/01/2007
----..------- -"-.--- ---------
87194
ArcView Concurrent Use Primary Maintenance
Start Date: 05/04/2007
End Date: 1 % 1/2007
289.59
289.59
2 87194
AIlNiew Concurrent Use Primary Maintenance
Start Date: 10/02/2006
End Date: 1 % 1/2007
700.00
1,400.00
17 87195
ArcView Concurrent Use Secondary Maintenance
StaIrt Date: 10/02/2006
End Date: 10/01/2007
500.00
8,500.00
2 87195
ArcView Concurrent Use Secondary Maintenance
Start Date: 05/04/2007
End Date: 1 % 1/2007
206.85
413.70
87232
ArcGlS Spatial Analyst Concurrent Use Primary Maintenance
Start Date: 10/02/2006
End Date: 10/01/2007
500.00
500.00
87233
ArcGlS Spatial Analyst Concurrent Use Secondary Maintenance
Start Date: 10/02/2006
End Date' 10/01/2007
200.00
400.00
87118
AreGIS 3D Analyst Concurrent Use Primary Maintenance
Start Date: 10/02/2006
End Date 10/01/2007
500.00
500.00
130 2 87199 200.00 400.00
Arc1S 3D Anal st Concurrent Use Seconda Maintenance
This quotation Is valid for 90 days and is subject to your ESRI License Agreement. The quotation information is proprietary and may not be
copied or rel8lsed other than for the express purpose of system selection and purchase/license. This information may not be given to outside
parties or used for any other purpose without consent from Environmental Systems Research Institute, Inc. (ESRI).
Any estimated sales and/or use tax has been calculated as of the date of this quotation and is merely provided as a convenience for your
organization's budgetary purposes. ESRI reserves the right to adjust and collect sales and/or use tax at the actual date of invoicing. If your
organization i.tax exempt or pays state taxes directly, then prior to invoicing, your organization must provide ESRI with a copy of a current tax
exemption celtricate issued by your state's taxing authority for the given jurisdiction
Issued By: Erick Arial
Ext: 334 j
[ARIALE]
To expedite yOUr order, please reference your customer number and this quotation number on your purchase order.
....... --..
380 New y' ark Street
REDLANDS, CA 92373
Phone: 909-793-28533341
Fax # 909-307-3083
Quotation
Page 3
Date: 07/05/106
Item Qty . oduct#
140
150
160
200
210 2
220
230
Quotation Number: 25210096
Unit Price
Extended Price
Start Date: 1010212006
End Date 10/01/2007
87236
ArcGtS Geostatistical Analyst Concurrent Use Primary Maintenance
Start Date: 10/0212006
End Date: 10/01/2007
500.00
500.00
87237
ArcGIS Geostatistical Analyst Concurrent Use Secondary Maintenance
start Date: 10/02/2006
End Date 10/01/2007
200.00
200.00
92628
ArcGIS Survey Analyst Concurrent Use Primary Maintenance
start Date: 10/02/2006
End Date 10/01/2007
500.00
500.00
98880
Annual Support Assistance Program for ArcPad
start Date 10/02/2006
End Date 1 0/01/2007
295.00
295.00
87213 3,000.00 6,000.00
ArcSDE Developer Support Group Maintenance for One Server Two CPUs and Five Read and Write Connections
Start Date 10/02/2006
End Date 10/01/2007
97534
P.tcIMS One Server Two CPUs Maintenance
Start Date: 10/02/2006
End Date 10/01/2007
2,000.00
2,000.00
97534
AFCIMS One Server Two CPUs Maintenance
5IIrt Date: 10/02/2006
End Date 10/01/2007
2,000.00
2,000.00
This quotalon is valid for 90 days and is subject to your ESRI License Agreement. The quotation information is proprietary and may not be
copied or released other than for the express purpose of system selection and purchase/license. This information may not be given to outside
parties or lISed for any other purpose without consent from EnVIronmental Systems Research Institute, Inc. (ESRI).
Any estim$d sales and/or use tax has been calculated as of the date of this quotation and is merely provided as a convenience for your
organizatiOl'l's budgetary purposes. ESRI reserves the nght to adjust and collect sales and/or use tax at the actual date of invoicing. If your
organizatiOl'l is tax exempt or pays state taxes directly, then prior to invoicing, your organization must provide ESRI with a copy of a current tax
exemption certificate issued by your state's taxing authority for the given jurisdiction
Issued Iv: Erick Arial
Ext: 3141
[ARIALE)
To expeditlt your order, please reference your customer number and this quotation number on your purchase order.
~....._.,..,.
380 New York Street
REDLANDS, CA 92373
Phone 909-793-28533341
Fax # 909-307-3083
Quotation
Page 4
Date: 07/05/2flO6
Item Qty Pmduct#
Quotation Number: 25210096
Unit Price
Extended Price
_.._----~--_..- ..._-"-..--- _._.._.__._---~
Subtotal
Shipping & Handling
Estimated Tax
Total
48,246.24
0.00
0.00
$ 48,246.24
This quotatiorl is valid for 90 days and is subject to your ESRI License Agreement The quotation information is proprietary and may not be
copied or released other than for the express purpose of system selection and purchase/license This information may not be given to outside
parties or used for any other purpose without consent from Environmental Systems Research Institute, Inc. (ESRI).
Any estimatlld sales and/or use tax has been calculated as of the date of this quotation and is merely provided as a convenience for your
organization', budgetary purposes. ESRI reserves the right to adjust and collect sales and/or use tax at the actual date of invoicing. If your
organization" tax exempt or pays state taxes directly, then prior to invoicing, your organization must provide ESRI with a copy of a current tax
exemption catificate issued by your state's taxing authority for the given jurisdiction
Issued By: Erick. Arial
Ext: 3341
[ARIALE)
To expedite ,our order, please reference your customer number and this quotation number on your purchase order.
..........
380 New ( ork Street
REDLANDS, CA 92373
Phone 909-793-28533341
Fax # 909-307-3083
Quotation
Page 5
Date: 07/05/l06
Item Qty . oduct#
Quotation Number: 25210096
Unit Price
Extended Price
BY SIGNING BBLOW, YOU ARE INDICATING THAT YOU ARE AUTHORIZED TO OBLIGATE FUNDS FOR YOUR ORGANIZATION. DO
NOT USE THIS FORM FOR ORDER ACTIVATION IF YOUR ORGANIZATION WILL NOT HONOR AND PAY AN INVOICE THAT HAS
BEEN ISSUED AT YOUR DIRECTION WITHOUT ADDITIONAL AUTHORIZING PAPERWORK.
To expedite your order, either attach a copy of this quotation to your purchase order when it is remitted
to ESRI, or sign below and return this quotation to indicate your acceptance. ESRI's address and fax
number are provided on the first page of this quotation.
If you have made ANY alterations to the line items included in this quote and have chosen to sign the'
quote to indicate your acceptance, you must fax ESRI the signed quote in its entirety in order for the
quote to be accepted. You will be contacted by your Customer Service Representative if additional
information is required to complete your request.
If your organization is a OS Federal, state, or local government agency; an educational facility; or a
company that will not pay an invoice without having issued a formal purchase order, a signed quotation
will not be accepted unless it is accompanied by your purchase order.
If you choo.e to discontinue your support, you will become ineligible for support benefits and services.
All maintenance fees from the date of discontinuation will be due and payable if you decide to reactivate
your support coverage at a later date.
By sign~ng below, you are authorizing ESRl to 1ssue a software maintenance invoice in the amount of:
$_ plus sales taxes if applicable.
Please check one of the following:
1 agree to pay any applicable sales tax.
1 am tax exempt, please contact me if exempt information is not currently on file with ESRI.
Signature of Authorized Representative
Date
Name (Please Print)
Title
This quotafilDn is valid for 90 days and is subject to your ESRI License Agreement. The quotation information is proprietary and may not be
copied or released other than for the express purpose of system selection and purchase/license, This information may not be given to outside
parties or u&ed for any other purpose without consent from Environmental Systems Research Institute, Inc, (ESRI),
Any estimaliad sales and/or use tax has been calculated as of the date of this quotation and is merely provided as a convenience for your
organization's budgetary purposes ESRI reserves the right to adjust and collect sales and/or use tax at the actual date of invoicing, If your
organization is tax exempt or pays state taxes directly, then prior to invoicing, your organization must provide ESRI with a copy of a current tax
exemption certificate issued by your state's taxing authority for the given jurisdiction
Issued Bv: Erick Arial
Ext: 3341
[ARIAlEI
To expedite your order, please reference your customer number and this quotation number on your purchase order.
~"'e"""
18
~"~ '"''''
AGENDA MEMORANDUM
DATE: August 22, 2006
SUBJECT: Cefe Valenzuela Landfill - Project 5186
AGENDA ITEM:
Motion authorizing the City Manager, or his designee, to execute Change Order No. 14 for
the construction of a potable water distribution system in the amount of $1 01,121.50 with
Longhorn Excavation, Inc., of Richmond, Texas for the Cefe F. Valenzuela Landfill Site
Development Project
ISSUES:
Groundwater total dissolved solids and chlorides exceed TCEQ potable water standards
for a public water supply. This requires development of a water distribution system to
connect to the Violet Water Supply Corporation on County Road 20.
RECOMMENDATION: Approval of the motion as presented.
I
I R. Escobar. P.E.
irector of Engineering Services
8'/'flP 6
~/
, -K;~7(.P.:
Director of Solid Waste/Street Services
Attachments.
a. Additional Information
b. Change Order Summary
c. Site Map
d. Budget
H0HF\"C\rC;\(,,=~.jl LtFii=;1 I "]Iell?
i1~.r~ rlnr
.......'..-
ADDITIONAL INFORMATION
~._._-_._._...,.._._---,_._-
CHANGE ORDER:
The change order provides for the construction of a potable water distribution system
Including:
· install approximately 10,500 I.f. of 4-inch C-900, DR25 PVC water line from
Violet Water Supply Corporation meter to water tank; and
· install additional equipment required for potable water system including float
valve and all controls, three pressure tanks, water pump, all piping, anchors,
chlorine disinfection system, and appurtenances.
The change order summary is attached. See Exhibit B.
ADDITIONAL INFORMATION:
The original design provided for the installation of one water well to supply potable water
with pressure tanks, a disinfection system and local distribution system. This was deemed
the most cost effective solution due to the distance to the nearest public water system.
Durtng construction, the contractor drilled a well for construction usage. The water was
found to have extremely high levels of dissolved solids and chlorides that made the water
unsuitable for drinking A sample groundwater from three wells in the area also proved to
have excessive levels of total dissolved solids and chlorides.
The number of dally visitors and employees that will utilize Cefe Valenzuela requires
Installation of a drinking water system meeting TCEQ standards for a public potable water
system. TCEQ regulations set the maximum levels secondary constituents in drinking
water The minimum acceptable level for total dissolved solids is 1,000 mg/1. The
minimum acceptable level for chlorides is 300 mg/1. Test of water samples revealed level
of total dissolved solids as being 1.448 mgll and chlorides as being 750 mg/1.
fhe installatIon of a reverse osmosis system was evaluated as a means of lowering the
levels of total dissolved solids and chlorides. This was deemed impractical due to the high
levels of dissolved solids and chlorides. The continuing maintenance and operation cost of
operating a reverse osmosis unit also mitigated against its usage.
It was also determined that Violet Water Supply Corporation had a water main on County
Road 20 some 10,000 feet from the Cefe Valenzuela operations area. Violet Water Supply
had been contacted prior to design and construction, but had not acknowledged the
existence of their line on County Road 20. They were reportedly concerned that the
location of their lines not be made available due to the risk of unauthorized taps occurring
In rural areas of their system.
PRIOR COUNCIL ACTION:
The most recent actions to initiate actual construction of Cefe Valenzuela Landfill have
been:
Exhibit A
Page 1 of 4
H HOME\KEViNS \GENILANDFI LL \Valenzuela\CO 14BkgExhAdoc
."....,.,-
JUly 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
$157,482.45 for the construction of a proposed drainage culvert on FM 70 to serve Cefe
Valenzuela Landfill.
M~rch 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
electrical 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 $547,500.00 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 BFI
Waste Services of North America, Inc., of Scottsdale, Arizona, in the amount of
$848,40000 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
Exhibit A
Page 2 of 4
-j IHOME\KE\; irJS\GENILANDFiLL\\alenzuela\C0148kgExhAdoc
~..,,...
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)
June 27, 2006 - 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 $280,353.00 with Longhorn Excavation, Inc., of Richmond, Texas for the Cefe F.
Valenzuela Landfill Site Development Project
Jufv 11, 2006 -
a Ordinance appropriating $188,531.00 from interest earnings of the Public Health and
Safety 2004 CIP Fund No. 3359 for J. C. Elliott Landfill Permit Modification application;
amending the FY 2004 - 2005 Capital Improvement budget adopted by Ordinance No.
026188 by increasing appropriations by $188,531.00; and declaring an emergency.
b Motion authorizing the City Manager, or his designee, to execute Amendment No. 15
with Shiner, Moseley & Associates, Inc. in the amount of $370,170 for Engineering
Services associated with an amendment application of the J.C. Elliott Landfill TCEQ
Permit to increase final contours and disposal capacity.
ADMINISTRATIVE ACTIONS:
Deaember 14, 2005 - Approval of Change Order NO.2 to decrease pay allowance by
$40,000.00 for the Duke Energy pipeline adjustment.
Deqember 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.
Julv 18.2006 - Approval of Change Order NO.9 in the amount of $0.00 for modification of
the Petronilla Creek Spillway, earthwork, headwalls, deletion of unused quantities.
July 24. 2006 - Approval of Change Order NO.1 0 in the amount of $25,000.00 for two 30
foot radius curves to widen FM 2444 at County Road 20.
AUQust 1, 2006 - Approval of Change Order No. 11 in the amount of $23,000.00
1$11,500.00 per day with one day @ no charge) for three days of temporary cover
placement removal at J. C Elliott Landfill.
AUQust 7. 2006 - Approval of Change Order No. 12 in the amount of $25,000.00 for
additional select fill. purchase of 2,500 gallon water tank, casings, and water tap
assistance.
AUQust 8, 2006 - Approval of Change Order No. 13 in the amount of $23,000.00 for two
additional days of overfill removal at J. C. Elliott Landfill.
AUQust 9, 2006 - Approval of Amendment No. 16 with Shiner, Moseley Shiner, Moseley &
Associates, Inc in the amount of $15.150.00 for Engineering Services associated with
modifications to the design of a fuel monitoring system and wash water lift station.
FUTWRE COUNCIL ACTION:
Award of contracts for Cefe Valenzuela Landfill including:
· Award of any necessary change orders;
Exhibit A
Page 3 of 4
H HOME\KEV!~~S'GEN\LANDFILL \valeflZUela\C014BkgExhAdoc
· 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 2006 Landfill CIP Fund.
Exhibit A
Page 4 of 4
H \HOME\KEVlt\JS\GEN\LANDFILL IVaienzuela\C014BkgExhAdoc
.............~
DEPARTMENT OF ENGINEERING SERVICES
CHANGE ORDER SUMMARY SHEET
AUGUST 22,2006
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.
14,875,294.00
3,718,823.50
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) . .
Change Order NO.9 (07/18/06) . .
Ch.nge Order No. 10 (07/24/06)...
Change Order No. 11 (08/01/06)..
Change Order No. 12 (08/07/06)...
Change Order No. 13 (08/08/06) ... .
Change Order No. 14 (08/22/06) .
159,965.00
($40,250.00)
13,800.00
24,830.00
16,547.53
547,500.00
389,862.80
280,353.00
0.00
25,000.00
23,000.00
25,000.00
23,000.00
101.121.50
Total 1,589,729.83 = 10.68% < 25%
',..,. -
CHANGE ORDER
Department of Engineering Services
City of Corpus Christi, Texas
CHANGE ORDER NO: 14 FUNDING SOURCE: 550910-3362-00000-140565 CONTRACT TIME: 425 C.D.
Operating Department: Enaineerina Services DATE: Auaust 8. 2006
Name of Project: Cefe F. Valenzuela Landfill Site Development Proiect 2 - Proiect No. 5038
Contractor: Lonahorn Excavators, Inc.
CHANGE AS FOLLOWS: ADD
a Install approximately 10,560 LF of 4-inch C-900, DR25 pve water line from
Violet Water Supply Corporation meter to water tank, including backflow preventor,
Irrigation taps, & isolation valves in accordance with Permit Drawings and Project
Specifications $149,327.50
b Install additional equipment required for potable water system including
float valve and all controls, three pressure tanks, water pump, all piping, anchors,
chlprine disinfection system, and appurtenances in accordance with Permit
Drawings and Project Specifications $72,450.00
c Cootractor overhead and profit (15%) $33,266.00
d Eliminate seeding roadside ditch (Bid Item #9)
e Eliminate seeding parking lot ditches (Bid Item #10)
f Eliminate water well and fittings (Bid Item #16)
9 Ch.nge Order #5 unused quantity for fence at west side of offsite ditch
h Unused asphalt quantity Bid Item #9
Total $101,121.50
DEDUCT
$30,792.00
$11,970.00
$97,650.00
$6,320.00
$7,190.00
Why was this change necessary? Of left off the plans and specifications, explain why)
Constructitn well drilled on site and three nearby wells exceeded TCEQ limits for Chlorides and Total Dissolve
Solids for. public potable water supply. Levels were such that reverse osmosis was unlikely to be cost effective
and miqht not produce water meetina TCEQ standards.
How can similar changes be avoided in the future? Would require drillina a well in advance of construction.
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
..$ 1.589.729.83
..$ 16.465.023.83
. ..$ 101.121.50
10.68 %
OCD
aGO
5CD
CONTRACTOR
Project Engineer
By__
City Engineer
By:
APPROVED
Title:
___ Operating Department
Director of Management & Budget
____________ Legal uepartmem
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CEFE F. VALENZUELA LANDFILL
(Change Order No. 14)
CITY COUNCIL EXHIBIT f'7::\
CITY OF CORPUS CHRISTI. TEXAS n
DEPARTMENT OF ENGINEERING SERVICES
PAGE: 1 of 1
DATE: 08/14/2006 ~
Cefe Valenzuela landfill Site Development
Preliminary Project Budget
August 22, 2006
FWNDS AVAilABLE:
Public Health and Safety 2004 CIP Funds.
Public Health and Safety 2005 CIP Funds....
Public Health and Safety 2006 CIP Funds.
T ota!.
F~NDS REQUIRED:
Construction Contract.
Change Orders 1 - 14.
Nueces Electric Coop.
JC Elliott Overfill
Project Contingency (1.3%)
QA/QC Testing Contract.....
Engineering Design/Permit (previously contracted).....
Transfer Station Design/Permit. .
Construction Inspection ...
Survey (in AlE contract) ...
Engineering Project Liaison
Incidental Expenses (Printing, Advertising, etc).
TOTAL... ..... ........... ..... .................. .........................
-i. \HOME\KEV I [\JS\G EN\LAN OFI LL \V a lenzuela\CO 14 BudgetExh 0 .doc
"...,. ..;-
$ 2,000,000.00
$14,625,000.00
$ 2,592,121.50
$19,217,121.50
$14,875,294.00
$ 1,589,729.83
$ 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
$19,217,121.50
EXHIBIT "0"
Page 1 of 1
19
~,.....,...-,.....
CITY COUNCIL
AGENDA MEMORANDUM
COUNCIL ACTION DATE: August 22,2006
SUBJECT: Wooldridge Road Bridge Replacement Project
· Phase 1 - from Staples Street to Airline Road (Project No. 6267)
· Phase 2 - from Airline Road to Rodd Field (Project No. 6266)
BOND ISSUE 2004 PROJECT
AGENDA ITEM:
Resolution authorizing the City Manager, or his designee, to execute Amendment No.2 to
the Advanced Funding Agreement with the Texas Department of Transportation for the
local letting and construction management of the Wooldridge Road Bridge Replacement
Project
I$J)UE: The Advance Funding Agreement for this project requires an amendment due to
increased TxDOT participation from $700,000 to $1,000,000 and the inclusion of utility
adjustments required by the TXDOT.
FUNDING: Funds are not required at this time.
BlCOMMENDATION: Staff recommends approval of the Resolution as presented.
/'
'f: ~~
? '/7 V'6
ge R. Escobar, P.E.
irector of Engineering Services
H \HOME\L YNDASIGEN\Streets\2004 Bond IssLe\6266\Woldndge Road Bridge\AFA Amendment No. 2\AGENDA MEMO DOC
......"..-
BACKGROUND INFORMATION
SUB..IECT: Wooldridge Road Bridge Replacement Project
· Phase 1 - from Staples Street to Airline Road (Project No. 6267)
· Phase 2 - from Airline Road to Rodd Field (Project No. 6266)
BOND ISSUE 2004 PROJECT
AMEIQtIENT NO.2: This amendment to the Advance Funding Agreement will revise the
originel Agreement to include the increased TxDOT participation from $700,000 to
$1,000,000. The additional funding will provide for increased construction limits of the
bridge and increased construction costs. Additional changes to the Advance Funding
Agreement include the removal and relocation of a water and wastewater line and
instal.tion of street lighting in the vicinity of the bridge as requested by TxDOT. The
estimated cost of this additional utility work is $307,937 and is programmed as part of the
Wooldridge Road Improvements Project Phase 2 from Airline Road to Rodd Field Road.
(BOND ISSUE 2004). All other provisions of the original contract and Amendment NO.1
are unchanged and remain in full force and effect.
Woolfri.ae Road Bridae - Replacing the existing bridge at the Mary Carroll Ditch on
Wooldridge Road. This structure is located a quarter mile west of the Wooldridge Road
and Rodd Field Road intersection. The proposed structure consists of five (5) 12-foot X
10-foot concrete box culverts, which create a crossing 72-feet long and 64-feet wide.
These dimensions will accommodate four (4) travel lanes with sidewalks on both sides,
matching the Bond 2004 Wooldridge Road Reconstruction. The proposed bid date is
September 2006
~r-Fee __ f~D{)T--(900/0)_h._ .-~-C-===- $941,500
~ee -_C. I.ty of CQr~~_ghns!! {1 0%2 i...... _~__ 94,150
TQt~ BJiQRe_ i $1,035,650
The local City match of $94,150 has been waived by TxDOT due to the City funding an
equivalent dollar amount of structural improvements on another deficient City of Corpus
Christl bridge. For this project match the City was credited for funding the replacement of
the Laguna Shores bridge located at the Tropic Isles Canal and Laguna Shores Road as
part of the Laguna Shores Road Street Improvement Project (Bond Issue 2000).
The Advanced Funding Agreement construction responsibilities include the following:
A) The City shall advertise for construction bids, issue bid proposals, receive and
tabulate the bids and award and administer the contract for construction of the
project. Administration of the contract includes the responsibility for construction
engineering and for issuance of any change orders, supplemental agreements,
amendments, or additional work orders, which may become necessary subsequent
to the award of the construction contract. In order to ensure federal funding
eligibility, projects must be authorized by the State prior to advertising for
construction.
EXHIBIT "A"
Pa e 1 of 4
H::HOMELYNOAS\GEN\.Slreets\2004 Bond Issue\6266\'Aoldndge Roo" BndgelAfA Amendment No 2IAGENDA BACKGROUND.doc
B) Upon completion of the project, the City will issue a Notification of Completion
acknowledging the Project's construction completion.
C) The city will be responsible for any cost overruns in addition to its local participation
on an off-state highway system bridge program project for which local management
has been requested and approved.
Amendment No.1: This prior amendment to the Advanced Funding Agreement
transferred the responsibility of letting the project from TxDOT to the City of Corpus Christi.
It also increased TxDOT financial responsibility from $320,000 to $700,000.
PRQJECT BACKGROUND: On Tuesday, November 2, 2004, the City of Corpus Christi
held an election to consider a number of ballot propositions to fund major capital
improvements for the community, Bond Issue 2004. The November 2, 2004 election was
held jointly with Nueces County and coincided with the Presidential Election.
The Bond Issue 2004 package includes $95 million in projects to be funded from ad
valorem property taxes (a General Obligation Bond Issue) in Street, Public Health and
Safety, Public Facilities, Parks and Recreation, and Bayfront Master Plan projects. The
proposed projects target the City's most immediate needs to improve existing physical
facilities, provide for growth, and protect the City's investment in its infrastructure.
In order to improve the delivery of the Bond Issue 2004 Street projects. the following
processes were added to the early stages of the design phase:
(1) More detailed and standardized Subsurface Utility Engineering to
include Hydro-excavation to determine precise locations and utility
classifications of public and private utilities. This allows coordination
with local utilities franchises for the timely relocation and avoids costly
delays during construction.
(2) Wastewater lines cleaning and televising (CCTV) to determine detailed
information on the condition and any required repairs/upgrades prior to
the street reconstruction.
(3) Land acquisition. On critical projects, land acquisition is proceeding
ahead of the project design and being coordinated with the platting
process. This allows dedications in lieu of purchase of ROWand
easements and avoids future delays and costs for Utility relocations
and/or street reconstruction.
This project includes an increased scope and cost for underground utilities including
wastewater, water, storm water and local franchise utilities.
EXHIBIT "A"
Paae 2 of 4
i' HOMEIl YNDAS\GEN\Slreets>2004 Bond Issue\62"fi\Woldndge Road Bndge\AFA Amendment No 2\AGENDA BACKGROUND.doc
~,""""'
~ COUNCIL ACTION:
1 Mav 13. 2003 - Resolution authorizing the City of Corpus Christi to perform
equivalent-match project (Laguna Shores Road Improvements, Project #6158) in
return for waiver of the local match fund participation requirement on the approved
federal off-system bridge program (participation-waived) projects not yet awarded.
(Resolution No. 025284)
2 June 24. 2003 - Resolution authorizing the City Manager, or the City Manager's
designee, to execute an Advanced Funding Agreement with the Texas Department
of Transportation for preliminary engineering and bridge construction associated
with the following Bridge Replacement Projects: (Resolution No. 025350)
· Wooldridge Road bridge
· Kingsbury Lane Bridge
· Lexington Road Bridge
3. November 2.2004 - Resolution expressing official intent to reimburse costs of the
2004 Bond Capital Improvement Projects. (Resolution No. 026015)
4 November 9. 2004 - Ordinance canvassing returns and declaring the results of the
Special Election held on November 2, 2004, in the City of Corpus Christi for the
adoption of five bond propositions; adoption of a permanent ad valorem tax freeze
on residents homesteads of persons 65 years of age or older or disabled persons
and eligible spouses; and adoption of seven amendments to the Charter of the City
of Corpus Christi. (Ordinance No. 026022)
5 March 29. 2005 - Approval of the FY 2004-2005 Capital Improvement Budget for
$178,074,800. (Ordinance 026188)
6 AUQust 23. 2005 - Resolution authorizing the City Manager, or his designee, to
execute Amendment NO.1 to the Advanced Funding Agreement with the Texas
Department of Transportation for the local letting and construction management of
the Wooldridge Road Bridge Replacement Project. (Resolution No. 026393)
7 AUQust 23. 2005 - Motion authorizing the City Manager, or his designee, to execute
a Contract For Professional Services with LNV Engineering in the amount of
$1,766,131 for the Wooldridge Road Improvements Project as follows: (BOND
ISSUE 2004) (Motion No. M2005-265)
· Phase 1 - from Staples Street to Airline Road
· Phase 2 - from Airline Road to Rodd Field
PRIOIt APMINISTRA TIVE ACTION:
1. Julv 22. 2004 - Executed Small AlE Agreement with Pyle and Associates in the
amount of $24,590 for the Wooldridge Road Improvements Project, Phase 1 from
Staples Street to Airline Road.
2 Julv 22. 2004 - Executed Small AlE Agreement with Pyle and Associates in the
amount of $19,760 for the Wooldridge Road Improvements Project, Phase 2 from
Airline Road to Rodd Field.
3 Auaust 26. 2004 - Distribution of Request For Qualifications (RFQ) No. 2004-03
Bond Issue 2004 Projects to 175 engineering firms (70 local and 105 non-local).
4 March 25. 2005 - Addendum No. 1 to the Request for Qualifications (RFQ) No.
2004-03 Bond Issue 2004 Projects to 175 engineering firms (70 local and 105 non-
local).
5 April 13, 200Q - Addendum NO.2 to the Request for Qualifications (RFQ) No. 2004-
O~ Bond Issue LUU4 ~rOJects to 1 ('J englneenng tlrms (lU local and 105 non-local).
EXHIBIT "A"
Pa e 3 of 4
HI,HOMF" YNDASIGENlStreelsI2004 Bond IssueI,6266\V;()ldndge Road Bridge'.AFAAmendment No 2\AGENDA BACKGROUND. doc
~ COUNCIL ACTION:
1 Ordinance to appropriate monies in the amount of approximately $20,000 from the
Texas Department of Transportation for the reimbursement of construction
inspection services.
2 Approval of Phase 2 construction contract to complete the project as required.
3 Approval of Phase 1 construction contract to complete the project as required.
EXHIBIT "A"
Page 4 of 4
H:\HOME\l.YNDAS\GEN\Slreets'2004 Bond Issue\62b6\Woldrldge RDad BndqeAFA Amendment No. 2\AGENDA BACKGROUND.doc
STATE OF TEXAS ~
COUNTY OF TRAVIS ~
CSJ #: 0916-35-125
District #: 16
Code Chart 64 #: 38000
Project: BR 2005 (7)
ADVANCE FUNDING AGREEMENT
AMENDMENT #2
--
THIS AMENDMENT IS MADE BY AND BETWEEN the State of Texas. acting through the Texas Department of
Transportation, hereinafter called the State. and the City of Corpus Christi, acting by and through its duly authorized
officials. hereinafter called the Local Government.
WITNESSETH
WHEREAS, the State and the Local Government executed a contract on July 21, 2003, to effectuate their agreement to
replace and rehabilitation of a bridge; and,
WHEREAS, it has become necessary to amend that contract;
NOW THEFf:FORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto,
the State and the Local Government do agree as follows:
AGREEMENT
Article 1. Description of Amended Items
The estimate for this project has been Increased from $700,000 to $1,000,000.
The Local Government has requested to include items of work to this Project which will include the removal and relocation
of a water and wastewater line and installation of street lighting within the limits of this Project. The Local Government will
pay for 100% of the cost of the additional items of work addressed in this amendment.
Attachment C is voided in its entirety and replaced with the attached Attachment C.
Attachment 0 is voided in its entirety and replaced with the attached Attachment D.
All other provisions of the original contract are unchanged and remain in full force and effect.
Article 2. Signatory Warranty
The signatories to this amendment warrant that each has the authority to enter into this agreement on behalf of the
organization ttley represent.
IN WITNESS-WHEREOF, THE STATE AND THE LOCAL GOVERNMENT have executed duplicate counterparts to
effectuate this agreement
THE LOCAL GOVERNMENT
Signature
THE STATE OF TEXAS
Executed for the Executive Director and
approved for the Texas Transportation
Commission for the purpose and effect of
activating and/or carrying out the orders,
established policies or work programs
heretofore approved and authorized by the
Texas Transportation Commission.
CITY OF CORPUS CHRISTI
By
- .--..---.---....-........--- -"--
Printed Name By:
Name
Title
Title
---'---_._-_.._-~---------- -~_.._,...~-
Date Date
AF A-AF A Amend
Page 1 of 3
Revised 11/09/05
County: Nueces
CSJ: 0916-35-125
Road/Street/Highway: Wooldridge Road
Feature Crossed: Drainage Ditch
15 Digit NBI Structure No.: 16-178-B02186-001
Local Designation No.: Drainage ditch @ Wooldridge Rd.
ATTACHMENT C (See Note **)
LIST OF DISTRICT ENGINEER APPROVED
EQUIV ALENT-MATCH PROJECT(S) (EMP)
-----------------,- - T-
Location (and structure I On School
identification number, 1 Bus Route') !
l if applicable) __~ (YeslNo) --t
Laguna Shores 'Yes
16-178BOII00-002 i
- -------------- -------I
-+
Historic
Bridge?
(YeslNo)
No
Description of Structural
or Safety Improvement
Work
Structure replacement
Estimated Cost
$525,000
-------
--~-- ------- - ---------- --
I
-1
--i
---- +-- --______ ______n_
--
. Total $525,000
f-------------_nn__________ ____ ______________
j EMP work credited to this PWP (See Note *) 128,500
~ _ n.. ______ _
: Balance ofEMP work credited to associated PWP(s) $396,500
~
1 .~ssocia~c!PWP(s) Control-Section-JOb.L~~ount to be Credited to Associated PWP (s)
CSJ 0916-35-126 I $336,776
-----+-- ----------------
=-== _~J0916-35~21 H =+~~~__ ... $29,724
------ ===-=-= =:-=~ :=~- -=1-----==_______
~
-+
..J..
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---- --- --+--
Note * This total should typically equal the "Balance of Local Government Participation" that is waived as
shown In Attachment D.
Note**' This attachment not applicable for non-Participation-Waived Projects (PWP)
EXHIBIT "B"
Page 2 of 3
AFA-AFA_Amend
Page 2 of 3
Revised 11/09/05
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CORPUS CHRISTI BAY
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PROJECT LOCA TlON
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PROJIICT # 6266/6267
EXHIBIT "e"
WOOLDRiDGE ROAD BRiDGE
REPLACEMENT PROJECT
fl CITY COUNCIL EXHIBIT
DEPARTMENT OF ENGINEERING SERVICES
CITY OF CORPUS CHRISTI, TEXAS
PAGE: 1 of 1
DATE: 07-26-2006
~I
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1
RESOLUTION
AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
EXECUTE AMENDMENT NO. 2 TO THE ADVANCED FUNDING
AGREEMENT WITH THE TEXAS DEPARTMENT OF
TRANSPORTATION FOR THE LOCAL LETTING AND
CONSTRUCTION MANAGEMENT OF THE WOOLDRIDGE ROAD
BRIDGE REPLACEMENT PROJECT.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. The City Manager or his designee is authorized to execute Amendment
NO.2 to the Advanced Funding Agreement with the Texas Department of
Transportation for the local letting and construction management of the Wooldridge
Road Bridge Replacement Project.
ATTEST:
THE CITY OF CORPUS CHRISTI
,- -- --..--....--..----.--
Armando Chapa
City Secretary
APPROVED: J11i<.~ay of ~
By id6lAi~ l~~~
Veronica Ocanas
Assistant City Attorney
For City Attorney
Henry Garrett
Mayor
,2006.
VO .06.<*206.Res. WooldridgeBridgeAm2.DOC
2
Corpus Christi. Texas
of _____ ,2006
The above resolution was passed by the following vote:
Henry Garrett ____
Brent Chesney __
Melody Cooper ____~
Jerry Garcia
BiN Kelly
Rex A. Kinnison
John E Marez
Jesse Noyola
Mark Scott
vo. 06"082206. Res.WooldridgeBridgeAm2. DOC
~---,,~
20
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CITY COUNCIL
AGENDA MEMORANDUM
August 22, 2006
A<JENDA ITEM: Motion authorizing the City Manager or his designee to execute a Right of
Way Easement instrument with Clara Braslau, et aI., for the acquisition of Parcel 4 in the
amount of $31,700, containing a Right of Way Easement, and $79,700 to the Cimarron
Goff Range, Inc. for the removal and relocation of improvements located within the right of
way, both necessary for the Cimarron Street Improvements - Saratoga to Yorktown,
Phase 1 ( #6261), Bond 2004, and for other municipal purposes.
ISIUE: The Cimarron Boulevard Street Improvement Project, Phases 1 and 2, were
approved by Bond Issue 2004, Proposition NO.1 Street Improvements on November 2,
2004. Both phases will involve reconstructing approximately 2,500 linear feet of roadway
and utility improvements extending from Saratoga Blvd. south to Mireles Elementary
School at Bison Drive. Construction of Phase 2, which extends from Yorktown to Bison
Drive, is currently underway. Phase 1 of the project will require acquisition of eight parcels
of street right-of-way along the east side of Cimarron Blvd. as shown on the attached
Exhibit B. Parcel 4, as shown on Exhibit C, is currently owned by Clara Braslau, et al. The
existing commercial tenant, Cimarron Golf Range, Inc. will be compensated for the
removal, relocation, and reconstruction of various improvements located within the new
right ot way. City staff has negotiated with the landowners tor a Right-ot-Way Easement
and a Tenants Release from the tenant both totaling $111,400. Land and easement
purchases in excess of $25,000 require City Council approval.
FUNDING: Bond 2004, Street Fund 550701-3541-00000-170540
RECOMMENDATION: Approval of the motion as presented.
".
I-rl-e E:. ",,/--- 9'//'v"~
lAngei R. Escobar, P. E.
Director of Engineering Services
Attachments:
Exhibit A.
Exhibit B.
Exhibit C.
Background Information
Council Exhibit (Project Parcel Map)
Council Exhibit (Parcel 4)
H:\HOME\EUSEBIOG\GEN\Agenda Items\Cimarron Blvd.SI. Imps., Phase 1, Braslau\Agenda Memorandum.doc
~.....~
BACKGROUND INFORMATION
ID&IJECT: Cimarron Blvd. Street Improvements, Phase 1 (#6261), Bond 2004
Acquisition of Parcel 4, Right-of-Way Easement (Braslau)
~R COUNCIL ACTION:
1. Mav 10.2005 - Ordinance appropriating $402,233.80 from the un-appropriated interest
earnings from Street 2000 CIP Fund 3411 B; and appropriating in Street 2000 CIP Fund
3411 B; appropriating $202,169.13 from Street 2001 CIP Fund 3540 and appropriating
in Street 2001 CIP Fund 3540; for the Cimarron Boulevard Improvements Project,
Phases 1 & 2; amending capital budget adopted by Ordinance No. 026188 by
increasing appropriations by $604.402.93; and declaring an emergency. (Ordinance
No. 02647)
2. Mav 10. 2005 - Motion authorizing the City Manager, or his designee, to execute a
Contract For Professional Services with Maverick Engineering in the amount of
$1,359.999 for the Cimarron Boulevard Improvements Project as follows: Phase 1 -
from Saratoga to Yorktown, Phase 2 - from Yorktown to Bison. (Motion No. M2005-
134)
3. ~ovember 15. 2005 - Resolution recognizing the public necessity of acquiring Right of
Way, Utility and Drainage Easements forthe Cimarron Boulevard Street Improvement
Projects, Phases 1 and 2, Bond 2004 Projects, for street and drainage improvements in
connection with the projects; and authorizing acquisition by means of negotiations or
eminent domain proceedings by the City of Corpus Christi in acquiring said easements.
(Resolution No. 026541)
4. ~anuary 24. 2006 - Motion authorizing the City Manager or his designee to execute
Amendment NO.2 to the Contract for Professional Services with Maverick Engineering,
of Corpus Christi, Texas in the amount of $412,603 for a total re-stated fee of
$1,846,514 for the Cimarron Boulevard Street Improvement Project. (Motion No.
M2006-017)
5. February 28.2006 - Motion authorizing the City Manager or his designee to execute a
Right of Way Easement containing 1.089 acres and a Utility Easement containing .294
acres, both located at the southeast corner of the Yorktown Blvd. and Cimarron Blvd.
intersection, from the owners Robert J. Gonzalez and wife, Carrie L. Gonzalez, in the
total amount of $182,200, both necessary for the Cimarron Boulevard Street
Improvement Project (#6262), Phase 2, Bond 2004 and for other municipal purposes.
(Motion No. M2006-063)
EXH!B!T A
1 of 2
",.......0<,""""
fIIQR ADMINISTRATIVE ACTION: None
fIOJECT BACKGROUND: This entire street project will include approximately 2,500
linear feet of roadway and utility improvements extending from Saratoga Boulevard south
to Bison Drive. The project will be constructed in two phases as shown on the attached
Exhibit B Phase 1 will extend from Saratoga Boulevard southward to Yorktown
Boulevard. Phase 2, will extend from Yorktown south to Bison Drive and Mireles
Elementary School. A total of twelve parcels of right-of-way are required for the project.
The proposed street improvements will include widening Cimarron Boulevard to a C-3
collector 4-lane roadway with new curb and gutter, sidewalks, driveways, lane
stripping/marking and wheel chair ramps including right-turn and left-turn lanes at the
Intersections. The utility improvements include replacing an existing 12" water line with a
new 16" water line and appurtenances along with a new storm water sewer trunk system.
A new 16" force main and 16" effluent line are also being considered for installation in
Cimarron Blvd. for Phase 1 .
P.el4 ACQuisition: City staff has negotiated the purchase of a Right-of-Way Easement
cOAtaining 1,305 linear feet (1.057 acres) from the landowners of record. The parcel is
located between Saratoga Blvd. and Yorktown Blvd. on the east side of Cimarron Street
as shown on the attached Exhibit B. The easement was appraised by American
Appraisers, Inc. at a value of $31,700, based on a "FR" zoning at $30,000 per acre. The
existing tenant, Cimarron Golf Range, Inc., has improvements located within the right of
way easement that need to be relocated. These improvements include an existing office, a
putting green, parking lot, water well, electrical, and plumbing fixtures. AGCM Inc., a
Professional Construction Management Firm, was retained by the City to determine costs
for the removal. relocation, and reconstruction of these improvements. The costs in
appraisal terms are considered to be "cost-to-cure" or "damages to the remainder" and
amounted to $79,700. p.., Tenants Release has been obtained from the tenant for these
damages. Since the right-of-way will be acquired as an easement, title company services
will not be required.
H\HOME\EUSEBIOG\GEN\Agenda 11ems\Cimarron Blvd.SI. Imps.. Phase 1. Braslau\Background.doc
EXHIBIT A
2 of 2
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EXHIBIT B
CITY PROJECT No. 6261,6262
CITY OF CORPUS CHRISTI, T[XAS
DATE: 11-08-2005
R,
-
ClMARRON BL VD. STREET IMPROVEMENT:)
PHASE 1 & 2
BOND 2004
Cl/Y COUNCIL EXHIBIT
DEPARTMENT OF ENGINEERING SERVICES
PAGE: 1 of 1
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SARA TOGA B
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SUBJECT PARCEL
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CITY PR04JECT No. 6261
VICINITY MAP
NOT TO SCALE
EXHIBIT C
OND 2004
PARCEL # 4
CITY COUNCIL EXHIBIT ~.
CITY OF CORPUS CHRISn, TEXAS ~
OEPARTMENT OF ENGINEERING SERVICES ...
PAGE: 10f1 _ _
~ -
DAT~ 08-01-2006 -
CIMARRON STREET IMPROVEMENTS
PHASE 1
",..,.' ,'.....
21
'..... - -- ----
AGENDA MEMORANDUM
AUQust22,2006
SUBJECT: Garcia Arts Center Area Street Improvements, Phase 2, Project #6134
Acquisition of Parcel 6 (Leon)
AQENDA ITEM: Motion authorizing the City Manager or his designee to execute a Real
Estate Sales Contract with Robert Leon Sr. & wife, Viola Leon in the amount of $42,500
plus $1 ,500 in closing costs and an additional amount not to exceed $22,500 for relocation
assistance to cover moving costs and incidental expenses in connection with a
replacement dwelling, all for the purchase of fee simple property rights to Parcel 6,
described as Lots 11 and 12, Block 7, H. E. Luter Partition Addition with the street address
of 2034 Mary Street, necessary for the Garcia Arts Center Area Street Improvements,
Phase 2, Project #6134
ISSUE: This project was approved in FY2000 and FY2001 and funded by Community
Development Block Grant (CDBG) Funds. The objective of the project is for the
reconstruction and widening of 1 in, 18th I and Marguerite Streets within the area of the
Garcia Arts Education Center facility located at 2021 Agnes Street. Full acquisition of
eleven parcels of land along these streets are needed in order to construct the proposed
Improvements. Five of the parcels require displacement of landowners. Land Acquisition
staff has concluded negotiations for Parcel 6 and has obtained a signed Real Estate Sales
Contract from Robert Leon Sr. and wife, Viola Leon in the amount of $42,500. These
owners will be displaced and are eligible for relocation benefits not to exceed $22,500.
REQUIRED COUNCIL ACTION: Contracts with total expenditures exceeding $25,000
require City Council approval.
FUNDS: Funding available in the FY 2000-2001 CDBG Budget.
Y ne Haag
Director of Neighborhood Servic s
OAT,? i/l/;t &r':t=;; ~~rnted
~
mi. ' g . Escobar, P. E.
irector of Engineering Services
Attachments:
Exhibit A. Background Information
Exhibit B. Parcel Map
Exhibit C Contract Summary
f-l:\HOME\EUSEBIOG\GEN\Agenda Items\Garcia Arts. Leon\Agenda Memorandum.doc
."llIIII"'-........
BACKGROUND INFORMATION
SUBJECT: Garcia Arts Center Area Street Improvements, Project 6134
Acquisition of Parcel 6 (Leon)
PRIOR COUNCIL ACTION:
1. Mav 9.2000 - Approval of the FY 2000-2001 Community Development Block Grant
(CDBG) Program (Resolution No. 024036).
2. October 18. 2000 - Distribution of Request For Qualifications (RFQ) No. 2000-08
(Public Health and Safety, Parks and Recreation, Street Improvement Projects) to 73
local architectural and engineering firms.
3. November 10,2000 - Addendum NO.1 to the Request for Qualifications (RFQ) No.
2000-08 (Public Health and Safety, Parks and Recreation, Street Improvement
Projects) to 73 local architectural and engineering firms.
4. January 10. 2001 - Addendum NO.2 to the Request for Qualifications (RFQ) No.
2000-08 (Public Health and Safety, Parks and Recreation, Street Improvement
Projects) to 73 local architectural and engineering firms.
5. March 23. 2001 - Letter of Notification to the Request for Qualifications (RFQ) No.
2000-08 (Public Health and Safety, Parks and Recreation, Street Improvement
Projects) to 73 local architectural and engineering firms.
6. September 18. 2001 - Motion authorizing the City Manager or his designee to
execute a consultant contract with HDR Engineering for a total fee not to exceed
$59,892 for the Garcia Arts Education Center Area Street Improvements, Phase 1
and 2. (Motion No. 2001-359)
7. January 13. 2004 - Motion authorizing the City Manager of his designee to execute a
Real Estate Sales Contract with Sylvia B. Martinez in the amount of $57,000 plus
$1,500 in closing costs and an additional amount not to exceed $22,500 for
relocation assistance for Parcel 7 in connection with the Garcia Arts Center Area
Street Improvements, Phase 2. (Motion No. 2004-009)
8. January 27. 2004 - Motion authorizing the City Manager of his designee to execute a
Real Estate Sales Contract with Jesus A. Lopez and wife Blanca Lopez in the
amount of $20,000 plus $1,000 in closing costs and an additional amount not to
exceed $22,500 for relocation assistance for Parcel 3 in connection with the Garcia
Arts Center Area Street Improvements, Phase 2. (Motion No. 2004-0009)
9. March 2. 2004 - Motion authorizing the City Manager or his designee, to execute a
Real Estate Sales Contract with Melesio G. Rivera and wife, Ygnacia Reyes Rivera
in the amount of $43,000 plus $1,500 in closing costs and an additional amount not
to exceed $22,500 for Parcel 8, necessary for the Garcia Arts Center Area Street
Improvements, Phase 2, Project #6134. (Motion No. 2004-081)
FUTURE COUNCIL ACTION: Council will be required to:
1 authorize the award of future construction contracts and amendments; and
2 authorize the approval of any other parcels in the project where acquisition cost
exceeds $25,000
EXH!B!T .^.
Iof2
"'!I!lllfIIIl' ......
PAIOJECT BACKGROUND:
The Garcia Arts Education Center, formerly the Hispanic Arts Center, is located at 2021
Agnes Street. Area street sections of 1 ih Street, 18tti Street, and Marguerite Street around
the Garcia Arts Education Center are characterized with narrow pavement widths and road-
side ditches that were constructed many years ago. Phase 2 of the project provides for the
design and right-of-way acquisition required for local street improvements on 18th Street
between Agnes Street and Mary Street, Marguerite Street between 1 ih Street and 18th
Street including curb, gutter, sidewalks, driveways, underground storm sewers, and utility
adjJstments/relocations.
Eleven parcels of land have been identified by the project consultant, HDR Engineering, as
being required for construction of the planned improvements. A public meeting was held on
July 24, 2003 in which residents of the area met at the Garcia Arts Center to hear a
presentation by City staff regarding the project.
Land Acquisition staff has obtained appraisals for each parcel from Pamela K. Teel and
Marion F. Curington, ASA, both independent appraisers. Offers were then made to each
lanctowner based on these appraisals. Negotiations have concluded with the owners of
Parcel 6 for the purchase of their property, which consists of two residential lots and a frame
house. A purchase price of $42,500 has been agreed upon based on the high appraisal.
The owners are also eligible for relocation benefits as described below. Their property,
shown on Exhibit B, is located at the corner of Mary Street and 18th Street with street
address of 2034 Mary. This parcel and one other have been acquired simultaneously
leaving one parcel to be acquired for the project. Upon approval by City Council, this
contract will be escrowed at Stewart Title Company.
R tion Benefits: On November 28, 1983, the City Council approved Resolution No.
11 9 which adopted the Uniform Relocation Assistance and Real Property Acquisition
Policies Act of 1970. This resolution establishes the policy for relocation of homeowners,
tenants and businesses, which are displaced as a result of a City project. Persons
occupying the subject property a minimum of 90 days prior to the initial offer qualify for
assistance. Monetary limits for relocation assistance are set by federal guidelines. A
maximum of $22,500 is available for homeowners, $20,000 for businesses and $5,250 for
tenants which would cover moving expenses and purchase assistance for replacement
housing. For moving expenses, the displaced person would choose between a self-move
and one provided by an independent moving company.
Purchase assistance, as required by the Relocation Act, involve payment of a purchase
price differential, mortgage interest differential, and incidental expenses in connection with a
replacement home. The purchase price differential is the difference between the sales price
of the home and the cost of a comparable replacement home. The mortgage interest
differential is the amount needed to cover increased mortgage costs due to a higher interest
rate and other debt service costs. The incidental expenses reimbursement would cover
those extra costs involved in purchasing replacement housing such as closing costs,
inspection, appraisal, and loan costs.
EXHIBIT A
20f2
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PARCEL LOCA TION
CORPUS CHRISTI BAY
LOCA TION MAP
NOT TO SCALE
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VICINITY MAP
NOT TO SCALE
EXHIBIT B
PROJECT Ifo. 6134
ARCIA ARTS CENTER STREET IMPROVEMENTS
PARCEL 6 (Robert Leon Sr. & Wife, Viola)
CITY COUNCIL EXHIBIT
CITY OF CORPUS CHRISTI, TEXAS
DEPARTMENT OF ENGINEERING SERVICES
PAGE: 1 of 1
OA TE: 08/02/2006
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CONTRACT SUMMARY
Garcia Arts Center Area Street Improvements, Project # 6134
Parcel 6
This Contract is entered into by Robert Leon Sr. and wife Viola Leon, of 2034 Mary St., Corpus
Christi, Nueces County, Texas 78405, "SELLER", and the City of Corpus Christi, a Texas home rule
municipal corporation, P.O. Box 9277 Corpus Christi, Nueces County, Texas 78469-9277,
"BUYER",
Terms:
1
Seller for the consideration and under the terms set out in the contract, agrees to convey to
Buyer the following described property: H.E.Luter Partition, Block 7, Lots 11and 12.
')
<
Purchase Price - $42,500
3.
Seller to provide title insurance at Buyer's expense.
4.
Seller will deliver, at Buyer's expense, a good and sufficient General Warranty Deed.
c:.
v.
All taxes to be paid by Seller, up to and including 2005. Taxes for 2006 will be prorated
between Buyer and Seller.
6
Buyer agrees to deposit $500 Earnest Money at the Title Company, which Seller may keep
as liquidated damages should Buyer fail to consummate contract as specified, or Seller
may seek to enforce specific performance of contract.
Buyer accepts title subject to all outstanding restrictive covenants, use restrictions and
zoning and regulatory ordinances.
8 Transaction to be closed on or before 90 days from the date of the contract. Seller
acknowledges that Seller has read the agreement, and it is not binding until approved by
the City Council and signed by the City Manager within 60 days of the contract date.
9 The contract will survive the closing of the sale and delivery of the General Warranty Deed
and other conveyance documents.
10. Acquisition is under the threat of eminent domain proceedings.
11. Seller agrees to vacate the premises within 120 days from the effective date of the
contract.
12. Time is of the essence in closing this transaction.
H:\HOME\EUSEBIOG\GEN\Agenda Items\Garcia Arts. Leon\Contracl Summary.doc
EXHIBIT C
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22
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AGENDA MEMORANDUM
AUQust22.2006
SUBJECT Garcia Arts Center Area Street Improvements, Phase 2, Project #6134
Acquisition of Parcel 5 (Torres)
A<JENDA ITEM: Motion authorizing the City Manager or his designee to execute a Real
Estate Sales Contract with Carmen C. Torres & Dolores Torres in the amount of $56,000
plus $1,500 in closing costs and an additional amount not to exceed $22,500 for relocation
assistance to cover moving costs and incidental expenses in connection with a
reptacement dwelling, all for the purchase of fee simple property rights to Parcel 5,
described as being a part of Tract 5, H. E. Luter Partition, also known as Lots 1 & 2 of the
unrecorded Neylands Colonia Mexicana Addition, with the street address of 508 18th
Street, necessary for the Garcia Arts Center Area Street Improvements, Phase 2,
Project #6134.
ISIUE: This project was approved in FY2000 and FY2001 and funded by Community
Development Block Grant (CDBG) Funds. The objective of the project is for the
reconstruction and widening of 1 yth. 18th, and Marguerite Streets within the area of the
Garcia Arts Education Center facility located at 2021 Agnes Street. Full acquisition of
eleven parcels of land along these streets are needed in order to construct the proposed
improvements. Five of the parcels require displacement of landowners. Land Acquisition
staff has concluded negotiations for Parcel 5 and has obtained a signed Real Estate Sales
Contract from Carmen and Dolores Torres in the amount of $56,000. These owners will be
displaced and are eligible for relocation benefits not to exceed $22,500.
REQUIRED COUNCIL ACTION: Contracts with total expenditures exceeding $25,000
require City Council approval.
FUNDS: Funding available in the FY 2000-2001 CDBG Budget.
Attachments:
ExAibit A. Background Information
Exllibit B. Parcel Map
Exhibit C Contract Summary
'-'HOME\EUSEBIOG\GEN\Aqenda li"rns\Garcia A.rts 1 Drr8s\AqendCl Memoranrlurn doc
f 1;1 ~)it 1'0
BACKGROUND INFORMATION
SUBJECT: Garcia Arts Center Area Street Improvements, Project 6134
Acquisition of Parcel 5 (Torres)
PRIOR COUNCIL ACTION:
1. May 9.2000 - Approval of the FY 2000-2001 Community Development Block Grant
(CDBG) Program (Resolution No. 024036).
2. October 18. 2000 - Distribution of Request For Qualifications (RFQ) No. 2000-08
(Public Health and Safety, Parks and Recreation, Street Improvement Projects) to 73
local architectural and engineering firms.
3. November 10.2000 - Addendum NO.1 to the Request for Qualifications (RFQ) No.
2000-08 (Public Health and Safety, Parks and Recreation, Street Improvement
Projects) to 73 local architectural and engineering firms.
4. January 10. 2001 - Addendum NO.2 to the Request for Qualifications (RFQ) No.
2000-08 (Public Health and Safety, Parks and Recreation, Street Improvement
Projects) to 73 local architectural and engineering firms.
5. March 23. 2001 - Letter of Notification to the Request for Qualifications (RFQ) No.
2000-08 (Public Health and Safety, Parks and Recreation, Street Improvement
Projects) to 73 local architectural and engineering firms.
6. September 18. 2001 - Motion authorizing the City Manager or his designee to
execute a consultant contract with HDR Engineering for a total fee not to exceed
$59,892 for the Garcia Arts Education Center Area Street Improvements, Phase 1
and 2. (Motion No, 2001-359)
7. January 13. 2004 - Motion authorizing the City Manager of his designee to execute a
Real Estate Sales Contract with Sylvia B. Martinez in the amount of $57,000 plus
$1,500 in closing costs and an additional amount not to exceed $22,500 for
relocation assistance for Parcel 7 in connection with the Garcia Arts Center Area
Street Improvements, Phase 2. (Motion No. 2004-009)
8. January 27. 2004 - Motion authorizing the City Manager of his designee to execute a
Real Estate Sales Contract with Jesus A. Lopez and wife Blanca Lopez in the
amount of $20,000 plus $1,000 in closing costs and an additional amount not to
exceed $22,500 for relocation assistance for Parcel 3 in connection with the Garcia
Arts Center Area Street Improvements, Phase 2. (Motion No. 2004-0009)
9. March 2. 2004 - Motion authorizing the City Manager or his designee, to execute a
Real Estate Sales Contract with Melesio G. Rivera and wife, Ygnacia Reyes Rivera
in the amount of $43,000 plus $1,500 in closing costs and an additional amount not
to exceed $22,500 for Parcel 8, necessary for the Garcia Arts Center Area Street
Improvements, Phase 2, Project #6134. (Motion No. 2004-081)
FUTURE COUNCIL ACTION: Council will be required to:
authorize the award of future construction contracts and amendments; and
2 authorize the approval of any other parcels in the project where acquisition cost
exceeds $25.000
EXH!B!T .A-
Iof2
......'. ..,..
PROJECT BACKGROUND:
The Garcia Arts Education Center, formerly the Hispanic Arts Center, is located at 2021
Agfles Street. Area street sections of 17th Street, 18t1i Street, and Marguerite Street around
the Garcia Arts Education Center are characterized with narrow pavement widths and road-
side ditches that were constructed many years ago. Phase 2 of the project provides for the
design and right-of-way acquisition required for local street improvements on 18th Street
between Agnes Street and Mary Street, Marguerite Street between 1 ih Street and 18th
Street including curb, gutter, sidewalks, driveways, underground storm sewers, and utility
adjustments/relocation s,
Eleven parcels of land have been identified by the project consultant, HDR Engineering, as
being required for construction of the planned improvements. A public meeting was held on
July 24, 2003 in which residents of the area met at the Garcia Arts Center to hear a
presentation by City staff regarding the project.
LaRd Acquisition staff has obtained appraisals for each parcel from Pamela K. Teel and
Marion F. Curington, ASA, both independent appraisers. Offers were then made to each
landowner based on these appraisals. Negotiations have concluded with the owners of
Parcel 5 for the purchase of their property, which consists of two residential lots and a frame
house. A purchase price of $56,000 has been agreed upon based on the high appraisal.
The owners are also eligible for relocation benefits as described below. Their property,
located at 508 18th Street is shown on the attached Exhibit B. This parcel and one other
have been acquired simultaneously, with one parcel remaining to be acquired. This
contract will be escrowed at Security Title Company.
~cation Benefits: On November 28, 1983, the City Council approved Resolution No.
1109 which adopted the Uniform Relocation Assistance and Real Property Acquisition
Poticies Act of 1970. This resolution establishes the policy for relocation of homeowners,
tenants and businesses, which are displaced as a result of a City project. Persons
occupying the subject property a minimum of 90 days prior to the initial offer qualify for
assistance. Monetary limits for relocation assistance are set by federal guidelines. A
maximum of $22,500 is available for homeowners, $20,000 for businesses and $5,250 for
tenants which would cover moving expenses and purchase assistance for replacement
housing. For moving expenses, the displaced person would choose between a self-move
and one provided by an independent moving company.
Purchase assistance, as required by the Relocation Act, involve payment of a purchase
price differential, mortgage interest differential, and incidental expenses in connection with a
replacement home. The purchase price differential is the difference between the sales price
of the home and the cost of a comparable replacement home. The mortgage interest
differential is the amount needed to cover increased mortgage costs due to a higher interest
rate and other debt service costs. The incidental expenses reimbursement would cover
those extra costs involved in purchasing replacement housing such as closing costs,
inspection, appraisal, and loan costs.
EXHIBIT A
20[2
\ Mproject \colJnci/exhibits \exh61 J4a.dwg
PARCEL LOCA TION
CORPUS CHRISTI BAY
LOCATION MAP
NOT TO SCALE
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SUBJECT PARCEL
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EXHIBIT B
PROJECTNo. 6134
CITY COUNCIL EXHIBIT
CITY OF CORPUS CHRISTI, TEXAS
DEPARTMENT OF ENGINEERING SERVICES
PAGE: 1 of 1
DA TE: 08/02/2006
(II
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CONTRACT SUMMARY
Garcia Arts Center Area Street Improvements, Project # 6134
Parcel 5
This Contract is entered into by Carmen C. Torres and Dolores Torres, of 508 18th St., Corpus
Christi, Nueces County, Texas 78405, "SELLER", and the City of Corpus Christi, a Texas home rule
municipal corporation. P.O. Box 9277. Corpus Christi, Nueces County, Texas 78469-9277,
"BUYER"
Terms:
1 . Seller for the consideration and under the terms set out in the contract, agrees to convey to
Buyer the following described property: H.E.Luter Partition, part of Tract 5 also known as
the Neylands Colonia Mexicana Addition, Lots 1and 2.
2. Purchase Price - $56,000
3. Seller to provide title insurance at Buyer's expense.
4 Seller will deliver, at Buyer's expense, a good and sufficient General Warranty Deed.
5. All taxes to be paid by Seller, up to and including 2005. Taxes for 2006 will be prorated
between Buyer and Seller.
6. Buyer agrees to deposit $500 Earnest Money at the Title Company, which Seller may keep
as liquidated damages should Buyer fail to consummate contract as specified, or Seller
may seek to enforce specific performance of contract.
7 Buyer accepts title subject to all outstanding restrictive covenants, use restrictions and
zoning and regulatory ordinances
8 Transaction to be closed on or before 90 days from the date of the contract. Seller
acknowledges that Seller has read the agreement, and it is not binding until approved by
the City Council and signed by the City Manager within 60 days of the contract date.
9. The contract will survive the closing of the sale and delivery of the General Warranty Deed
and other conveyance documents.
10. Acquisition is under the threat of eminent domain proceedings.
11. Seller agrees to vacate the premises within 120 days from the effective date of the
contract.
12. Time is of the essence in closing this transaction.
H'\HOME\EUSEBIOG\GEN\Agenda Items\Garcia Arts Torres\Contract Summary.doc
EXHIBIT C
23
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AGENDA MEMORANDUM
AGENDA ITEM:
August 22, 2006
a. Ordinance amending Ordinance No. 026403 to provide for the deferral of the
construction of an 8-foot wide sidewalk along Elizabeth Street between Third Street
and Santa Fe Street in connection with the abandonment and vacating of a
33,129.73-square foot portion of the Third Street public right-of-way, located
between the Elizabeth Street and the Ayers Street rights-of-way;
b. Motion authorizing the City Manager to execute a Deferment Agreement with
CHRISTUS Spohn Health System for the construction of public sidewalk
improvements along Elizabeth Street between Santa Fe and Third Streets; and
declaring an emergency
ISSUE: CHRISTUS Spohn Health System, requested the deferral of the construction of an
eight-foot public sidewalk adjacent to Elizabeth Street between Third street and Santa Fe
Street to satisfy the conditions of the closure of the Third Street right-of-way between
Elizabeth Street and Ayers Street as required by section 2 (0) of Ordinance NO. 026403. The
Planning Commission recommended approval of the Deferment Agreement during its
meeting on August 9,2006
REQUIRED COUNCIL ACTION: Council approval of amendment closure Ordinance and
authorization for the City Manager to enter into a deferment agreement with CHRISTUS
Spohn Health System (Developer).
CONDITION: The City will withhold the sum of $26,914.69 from its participation amount of
$339,96500 as financial security for this deferment agreement. Developer must comply with
aU other requirements of the deferment agreement.
RECOMMENDATION: Staff recommends approval of the motion as presented.
v
E nces Teniente, P.E.
Assis nt Director of Development Services
Micha I N. Gunning, A.I.C.P.
Acting Director of Development
ATTACHMENTS:
Exhibit A
Exhibit B
Exhibit C
Exhibit D
Background Information
Location Map - Sidewalk Construction
Cost Estimates
Deferment Agreement
~".....
AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMATION
~CKGROUND: The development of a new building facility for Spohn Hospital Shoreline
Boulevard required the abandoning and vacating of a portion of third street right-of-way
between Elizabeth Street and Ayers Street. The City Council approved Ordinance No.
026403 approving the abandoning and vacating of a portion of Third street to allow for the
construction of the new building. The developer is obligated under Ordinance No. 026403
to construct an eight-foot sidewalk along Elizabeth Street between Third Street and Santa
Fe Avenue. Mr. John Mouritsen, RA, representing the Developer, CHRISTUS Spohn
Health System, submitted deferment agreement documentation requesting the City to
waive the requirement for sidewalk improvements along Elizabeth Street. The deferment
agreement will allow the Developer to construct the sidewalk improvements as building
construction takes place. CHRISTUS Spohn Health System expressed concerns about
damaged sidewalks by concrete trucks and other heavy equipment during building
construction and requested the deferment of sidewalk construction. A temporary 4-foot
wide sidewalk will be installed during construction of the building.
The Planning Commission on its meeting of August 9, 2006 found reasonable cause to
defer sidewalk improvements.
The City will withhold the sum of $26,914.69 (cost of constructing 8-foot sidewalk) from its
participation amount of $339,965.00, appropriated by Ordinance No. 026547, as financial
security for this deferment agreement. Developer must comply with all other requirements
of the deferment agreement.
Exhibit A
Page 1 of 1
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HAAS-ANDERSON
CONSTRUCTION
LTD
August 3 2006
John Mouritsen, RA
Christus Spohn Health System
725 Elizabeth Street, Suite 6
Corpus Christi, TX 78404
Re: Santa Fe & Elizabeth St Reconfiguration
Christus Spohn Health System
Dear Mr Mouritsen
As discussed, the sidewalk that runs along Elizabeth St., through 3rd St. will be deferred to be installed at
a later date and by a different contractor. This work will not be done at this time, because it needs to be
done after Christus Spohn is ready to physically close off 3rd St.
The work items with associated quantities and bid prices are listed below.
Item Description Unit Unit Quantity Dollar
Price Deferred Amount
A4 CEMENT TREAT (9" MIN) RECYCLED ASPHALT PVMT $5.00 SY 78.00 $390.00
A5 ONE COURSE SURFACE TREATMENT $3.00 SY 78.00 $234.00
A6 3" HMACP (TY C) REPAIR ADJ. TO CURB & GUTTER $15.05 SY 78.00 $1,173.90
A9 CONCRETE SIDEWALK "..~._-- $6.25 SF 2,480.00 $15,500.00
A13 6" CURB & GUTTER $18.00 LF 65.00 $1,170.00
--~-
B4 5' CURB INLET -.-.-------- $4,600.00 EA 1.00 $4,600.00
86 DEMO CURB INLET $1,400.00 EA 1.00 $1,400.00
_..- ---~_.
Total
$24,467.90
$2,446.79
$26.914.69
Plus 10%
Deferment Amount
Regards.
Clint Humes
Project Manager
hibit C
Pa.Qe 1 of 1
1401 Holly Rd . P.O Box 7692 . Corpus Christi, Texas 78467 . 361/853-2535 · FAX 361/853-55"64
........--'_........
DEFERMENT AGREEMENT
STATE OF TEXAS 9
9
COUNTY OF NUECES 9'
This Agreement is entered into between the City of Corpus Christy, Texas ("City") and
CHRISTUS Spohn Health System ("Developer"), and pertains to deferral of the
construction of an eight-foot wide public sidewalk adjacent to Elizabeth Street between
Third Street and Santa Fe Street prior to the final closure of the Third Street right-of-way
between Elizabeth Street and Ayers Street as required by section 2(0) of Ordinance No.
026403 The Planning Commission recommended approval of this Deferment
Agreement during its meeting on August 9, 2006.
WHEREAS, the Developer is obligated under Ordinance No. 026403 to construct the
eight-foot wide public sidewalk adjacent to Elizabeth Street between Third Street and
Santa Fe Street (hereinafter "required improvement") as shown on Exhibit 1, prior to
final closure of said portion of Third Street; and
WHEREAS, Ordinance No. 025647 authorized reimbursement to CHRISTUS Spohn
Health System in the amount of $339,965.00 as the City's participation for the costs of
public improvements related to the improvements of Santa Fe Street and Elizabeth
Street; and
WHEREAS, the Developer has submitted the cost of constructing the required
improvement in the amount of $26,914.69 (Exhibit 2); and
WHEREAS, the City will withhold the sum of $26,911.69 from its participation amount of
$339,965.00 as financial security for this deferment agreement; and
WHEREAS, the City Attorney and Director of Finance have approved this transaction.
NOW, THEREFORE, for the consideration set forth hereinafter, the City and Developer
agree as follows:
1. The City waives the requirement that the required 8-foot wide sidewalk is
complete and accepted by the City's Director of Engineering before the final
closure of the Third Street right-of-way between Elizabeth Street and Ayers
Street and the City allows the Developer to defer the completion of the
construction of the required improvement, as shown in Exhibit 1, until after
completion of the medical office building along Elizabeth Street.
2. The Developer shall construct the required improvement, in accordance with the
City's engineering standards in effect at the time of construction, upon completion
of the medical office building along Elizabeth Street.
3.
The City shall withhold the sum of Twenty-six thousand Nine Hundred Fourteen
and 69/100 Dollars ($26,914.69) from the $339,965 City participation amount
~ Exhibit D II
Spohn Deferment Agreement SPOHN 8-16-06
authorized by Ordinance No. 02564, for the construction of improvements to
Santa Fe Street and Elizabeth Street, as security for completion of the required
improvement by Developer. Any interest earned on the $26.914.69 shall be
retained by the City.
4. Upon completion of the required improvement, within six (6) months, to be
reviewed and extended for additional thirty day periods upon the agreement and
consent of the City Engineer. and upon acceptance of the required improvement
by the City Engineer and upon compliance by the Developer with the terms of the
Deferment Agreement, the City Engineer shall immediately release Developer
from all obligations hereunder, and the $26,914.69 shall be returned to the City
participation funding amount to be dealt with in accordance with the participation
agreement authorized by Ordinance No. 025647.
5. If the construction of the required improvement has not been completed by
January 22,2007, or the date as extended by agreement by the City Engineer, or
if the Developer fails to deposit any increase security as set out below, after
notice to the Developer and opportunity to cure as stated in Paragraph 6 below,
the City will transfer the balance of the amounts received, including any interest
earned, to the appropriate City fund and the City will then begin completion of the
required improvement with any monies received from the Developer. Any
principal remaining after completion of construction shall be returned to the City's
participation funds. If City constructs all or any part of the improvements, the
Developer agrees to reimburse the City for any additional cost of the
improvements, if the sum of money and interest prove inadequate to complete
the improvements, within thirty (30) days after City completes the improvements
and bills the Developer.
6. If Developer defaults in any of its covenants or obligations under this Deferral
Agreement, the City Engineer will send Developer and the Project Engineer
written notice by certified mail, return receipt requested, advising Developer of
the default and giving Developer thirty (30) days from date of receipt of the letter
to cure the default. If the Developer fails to cure the default after such notice and
opportunity to cure, the City Engineer will exercise the City's rights and transfer
any monies received and interest earned to the appropriate fund of the City to
complete the deferred improvements. In the event there are any monies
received by the City from the Developer, plus interest earned, remaining after the
City has completed construction of the improvements, the excess monies, both
principal and interest, shall be refunded to Developer within sixty (60) days of the
completion of construction and settlement of construction contracts.
7. 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.
Spohn Deferment Agreement SPOHN 8-16-06
8. The Developer covenants to construct the required improvements, and that such
covenant shall be a covenant running with the land.
9. The City's Director of Engineering Services, at Developer's expense, may file of
record this Deferment Agreement in the records of Nueces County.
10 No party may assign this Deferment Agreement or any rights hereunder with the
prior written approval of the other parties.
11 Unless otherwise stated herein, any notice required or permitted to be given
hereunder shall be in writing and may be given by personal delivery, by fax, or by
certified mail, and if given personally, by fax or by certified mail, shall be deemed
sufficiently given if addressed to the appropriate party at the address noted
opposite the signature of such party. Any party may, by notice to the other in
accord with the provisions of this paragraph, specify a different address or
addressee for notice purposes.
12. 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
13. 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 hereto (Exhibit 3).
14. 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.
Spohn Deferment Agreement SPOHN 8-16-06
EXECUTED in triplicate this H~ day of ~tlst- ,2006.
CH~~US Spohn Health System
725 Elizabeth Street, Suite 6
STATE OF TEXAS 9
9
COUNTY OF NUECES 9
This instrument was aCknowledged before me on the 12- day ok.51.....\!. u rf- ,
2C.>06, by John W. Mouritsen, RA, in the capacity herein stated and as the act and deed
of said entity.
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SYLVIA A. RODRIGUEZ
MY COMMISSION EXPIRES
June 29, 2010
~ (1. ocJNt.
NOTARY PUBLIC, STATE OF TEXA
Spohn Deferment Agreement SPOHN 8-16-06
.......'.'.....
CITY OF CORPUS CHRISTI ("City")
P. O. Box 9277
Corpus Christi, Texas 78469
Telephone: (361) 880-3500
ATTEST:
By:
ARMANDO CHAPA,
City Secretary
By:
George K. Noe
City Manager
THE STATE OF TEXAS S
S
COUNTY OF NUECES S
This instrument was acknowledged before me on the day of
, 2006, by George K.Noe, City Manager for the CITY OF CORPUS
CHRISTI, a Texas municipal corporation, on behalf of said corporation.
NOTARY PUBLIC, STATE OF TEXAS
APPROVED AS TO FORM: This J~l~ day of ~U5t
Mary K. Fisher
City Attorney
,2006.
By: ~{ff)tl1~
G ry . Smith
Assistant City Attorney
Spohn Deferment Agreement SPOHN 8-16-06
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ill Exhibit 1 Il
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~~
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,
:~~;~:~h.E"N1!{&1'2lU$.. C?p.~.k'L~~~ltLf;:t?t~.
STREET: J702- ~ti-- CITY: ~ 0~~
FIRM is: 1 Corporation -..v!--- 2_ Partnership ____ 3. Sole Owner
5 Other (r~g)l.~L ~ri~e- ~I~;r-:.- )d___
DISCLOSURE QUESTIONS
ZIP:~
4. Association
If additional space is necessary, please use the reverse side of this page or attach separate sheet.
1
State the names of each "employee" of the City of Corpus Christi having an "ownership interest"
constituting 3% or more of the ownership in the above named "firm",
Name Job Title and City Department (if known)
~--
2. State the names of each "official" of the City of Corpus Christi having an "ownership interest"
constituting 3% or more ofthe ownership in the above named "firm",
Name Title
_ N~l-:_____
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
- kn-----
4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked
en any matter related to the subject of this contract and has an "ownership interest" constituting 3% or
..ore of the ownership in the above named "firm".
Name Consultant
~~--
CERTIFICATE
I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly
with~ld 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~ek.,~r\ ~~ TiUe:l);reJ"r Ce...,-Ir MtL
!1.~d"N.. \~ Dale: fj J I 'J J 0 l..J
- -- n \) II Exhibit 3 II
(Type or print)<
Signature of Certifying perso~~~_
.....,..,... ..........
AN ORDINANCE
AMENDING ORDINANCE NO. 026403 TO PROVIDE FOR THE
DEFERRAL OF THE CONSTRUCTION Of AN 8-FOOT WIDE
SIDEWALK ALONG ELIZABETH STREET BETWEEN THIRD STREET
AND SANTA FE STREET IN CONNECTION WITH THE
ABANDONMENT AND VACATING OF A 33,129.73-SQUARE FOOT
PORTION Of THE THIRD STREET PUBLIC RIGHT-Of-WAY, OUT OF
BLOCKS X AND IX, OCEAN VIEW ADDITION, LOCATED BETWEEN
THE ELIZABETH STREET RIGHT-OF-WAY AND THE AYERS STREET
RIGHT-Of-WAY; AUTHORIZING THE CITY MANAGER TO EXECUTE A
DEFERMENT AGREEMENT WITH CHRISTUS SPOHN HEALTH
SYSTEM fOR THE CONSTRUCTION Of PUBLIC SIDEWALK
IMPROVEMENTS ALONG ELIZABETH STREET BETWEEN SANTA FE
AND THIRD STREETS; AND DECLARING AN EMERGENCY.
WHEREAS, Ordinance 026403 abandoned and vacated a 33.129.73-square foot
portion of the Third Street public right-of-way, out of Blocks X and IX, Ocean View
Addition, located between the Elizabeth Street right-of-way and the Ayers Street right-
of-way
WHEREAS, CHRISTUS Spohn Health System requested the abandonment and
vacation of the property as a right-of-way to accommodate the future develop of Spohn
Shoreline Hospital complex and CHRISTUS Spohn Health System promised to make
certain improvements, including the construction of an eight-foot wide sidewalk along
Elizabeth Street between Third Street and Santa Fe Street;
WHEREAS, it is not reasonable to construct the required sidewalk prior to construction
of the medical office building to be constructed adjacent to the sidewalk;
WHEREAS, CHRISTUS Spohn Health System has requested that it be allowed to defer
construction of the sidewalk until completion of the medical office bUilding;
WHEREAS, the City entered into a participation agreement for public improvements in
the area and retains sufficient funding from the participation agreement to secure
CHRISTUS Spohn Health System's performance under a deferment agreement; and
WHEREAS, it has been determined that it is feasible and advantageous to the City of
Corpus Christi to amend Ordinance No. 026403 to defer the completion of the eight-foot
wide sidewalk adjacent to Elizabeth Street until completion of the construction of the
medical office building, subject to the provisions below.
NeW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
C.RPUS CHRISTI, TEXAS, THAT:
H:Leg/garyws/agenda;2i)(lnOR n'CIIRISTU<'; Spohn row abandon
""'IIIIII!I!I."..........~.
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:Leg/gary,^s/agenda2006/0~-22/CHR1STUS Spohn row abandon
~.,....:<,..
SECTION 1. That Ordinance 026403 is hereby amended to delete Section 2(0) thereof
requiring CHRISTUS Spohn Health System to complete the design and construction of
an adequate eight-foot wide sidewalk adjacent to development along Elizabeth Street
and Santa Fe Street to handle heavy pedestrian movement.
SECTION 2. The City Manager is authorized to execute a Deferment Agreement with
CHRISTUS Spohn Health System, in the amount of $26,914.69, for the construction of
an eight-foot wide public sidewalk along Elizabeth Street between Santa Fe and Third
Streets, A copy of the Deferal Agreement is attached hereto as Exhibit "A."
SECTION 2. 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 and shall take effect upon first reading
as an emergency measure on this 22nd day of August, 2006.
ATTEST:
CITY OF CORPUS CHRISTI
Henry Garrett
Mayor, City of Corpus Christi
Armando Chapa
City Secretary
APPROVED: August 16, 2006.
(~
H:Leg/galJ'Vvs/agenda:2006/0k-:22!('HRISTUS Spohn row abandon
24
~.."""
CITY COUNCIL
AGENDA MEMORANDUM
August 22, 2006
AGENDA ITEM: Ordinance abandoning and vacating a 1 ,575-square foot portion of a 5-
foot wide utility easement out of Lot 2, Block 7, Highway Village, Section 1 Annex; subject
to compliance with the specified conditions; and declaring an emergency.
ISSUE: The closure of the utility easement is needed to allow for the future construction
and development of the Northwest Library. As planned the Library would have encroached
onto the easement.
REQUIRED COUNCIL ACTION: City Charter requires Council approval to abandon and
vacate any portion of an easement.
IMPLEMENTATION SCHEDULE: Upon approval from Council and publication of the
ondinance, all grants of easement closures must be recorded in the real property Map
Records of Nueces County, Texas, in which the property is located. Prior to the 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. These
requirements are in compliance with Ordinance No. 025816, approved 7-13-04.
RECOMMENDATION: Staff recommends approval of the ordinance as presented on an
emergency basis.
Michael Gunning, AICP
Acting Director of Development Services
Attachments:
Exhibit A
Exhibit B
Exhibit C-1
Exhibit C-2
Background Information
Ordinance
Location Map
Site Map
~.'..'-""
AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMATION
PURPOSE OF CLOSURE AND BACKGROUND:
The City of Corpus Christi is requesting the abandonment and vacation of a 1,575-square
foot portion of a 5-foot wide utility easement out of Lot 2, Block 7, Highway Village, Section
1 Annex. The closure of the utility easement is being requested to allow for the future
construction of the new Northwest Library that would have encroached on the said
easement
All public and franchised utilities were contacted. AEP had no objections, but witt seek
reimbursement if adjustments to their facilities become necessary. None of the other city
departments or franchised utility companies had any facilities within the utility easement
and had no objections regarding the proposed utility easement abandonment.
Staff recommends payment of the fair market value be waived since the City is initiating the
abandonment and vacation of a 1,575-square foot portion of a 5-foot wide utility easement.
The owner has been advised of and concurs with the conditions of the easement
abandonment and vacation
EXHIBIT A
Page 1 of 1
"!lIllJP"'-
FROM: Michael Gunning, AICP, Acting Director of Development Services
DATE: August 9, 2006
TO THE CITY MANAGER OF THE CITY OF CORPUS CHRISTI:
ORDINANCE REQUEST
DATE RECOMMENDED FOR COUNCIL ACTION: Auaust 22, 2006
ORDINANCE CAPTION:
Ofllinance abandoning and vacating a 1, 575-square foot portion of a 5-foot wide utility easement out of Lot 2,
Block 7, Highway Village, Section 1 Annex; subject to compliance with the specified conditions; and declaring
an emergency.
OlliER PERTINENT INFORMATION TO BE INCLUDED IN ORDINANCE:
Plat is recorded in Volume 46 Page 225, of the Map Records of Nueces County, Texas.
SPECIFIED CONDITIONS AS PART OF CLOSURE:
1) That payment of the fair market value be waived since the City is initiating the abandonment
and vacation of the 1 ,575-square foot portion of a 5-foot wide utility easement.
2) AEP had no objections, but will seek reimbursement if adjustments to their facilities become
necessary.
3) AT&T had no objections, but will seek reimbursement if adjustments to their facilities become
necessary.
4) Upon approval from Council and issuance of the ordinance, all grants of easement closures
must be recorded at owner's expense in the real property Map Records of Nueces County,
Texas, in which the property is located. Prior to Building Permit approval of construction, an
up-to-date survey, abstracted for all easements and items of record, must be submitted to the
Director of Development Services.
5) Owner must comply with all the specified conditions of the ordinance within 180 days of
Council approval
'.{~
Michael unning, AICP
Acting Director of Development Services
DATE:
8'- 17- tJ6
APPROVED
EXHIBIT B
Page 1 of 1
DATE:
~"'.......
Page 1 of 3
AN ORDINANCE
ABANDONING AND VACATING A 1,575-SQUARE FOOT PORTION OF
A 5-FOOT WIDE UTILITY EASEMENT OUT OF LOT 2, BLOCK 7,
HIGHWAY VILLAGE, SECTION 1 ANNEX; SUBJECT TO
COMPLIANCE WITH THE SPECIFIED CONDITIONS; AND DECLARING
AN EMERGENCY
VVHEREAS, there is a 1,575-square foot portion of a 5-foot wide utility easement out of
Lot 2, Block 7, Highway Village, Section 1 Annex, as recorded in Volume 46, page 225,
Map Records, Nueces County, Texas, that the owner, City of Corpus Christi ("Owner"),
wishes to have abandoned and vacated; and
WHEREAS, the closure of the easement is being requested to allow for the future
construction of the new Northwest Library that will be built over said easement. The
easement to be abandoned and vacated is located in Zone B-1 "Neighborhood
Business District" within the city limits of Corpus Christi, Texas.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS, THAT:
SECTION 1. That the 1 ,575-square foot portion of a 5-foot wide utility easement out of
Lot 2, Block 7, Highway Village, Section 1 Annex, as recorded in Volume 46, page 225,
Map Records, Nueces County, Texas, be abandoned and vacated for public use as a
utility easement (Exhibits), subject to the Owner's compliance with the following
specified conditions as part of the abandonment and vacation:
1) The payment for the fair market value is waived because the City is
initiating the abandonment and vacation of the 1 ,575-square foot portion of a 5-
foot wide utility easement.
2) AEP had no objections, but will seek reimbursement if adjustments to their
facilities become necessary.
3) AT&T had no objections, but will seek reimbursement if adjustments to
their facilities become necessary.
4) Upon approval from Council and issuance of the Ordinance, all grants of
easement closures must be recorded at Owner's expense in the Real Property
Map Records of Nueces County, Texas, in which the property is located. Prior to
Building Permit approval of construction, an up-to-date survey, abstracted for all
easements and items of record, must be submitted to the Director of
Development services.
5) Owner must comply with all the specified conditions of the Ordinance
within 180 days of Council approval.
H :\LE G- 0 I R IS ha red\Ga ry S\age nda \2006\08- n\H ighway VillageUti I Easement. doc
~-'-...... -
Page 2 of 3
SECTION 2. 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 that requires consideration of and voting upon
ordinances at two regular meetings so that this ordinance is passed and takes effect
upon first reading as an emergency measure this the 22nd day of August, 2006.
ATTEST:
CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Henry Garrett
Mayor
APPROVED: August 16th, 2006
By ~~~
Assistant City Attorney
F or City Attorney
H: \L E (,.. D I R IShared\G ary S\agend a\2006\08-22\H ighwayVi IlageUtil Easement. d DC
llI!II!I!IlI"...:-
Page 3 of 3
Corpus Christi, Texas
Day of _
,2006
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance an
emergency exists requiring suspension of the Charter rule as to consideration and
voting upon ordinances at two regular meetings. I/we, therefore, request that you
suspend said Charter rule and pass this ordinance finally on the date it is introduced, or
at the present meeting of the City Council.
Respectfully.
Respectfu Ily,
Henry Garrett
Mayor
Council Members
The above ordinance was passed by the following vote:
Henry Garrett
Brent Chesney
Jerry Garcia
John Marez
William Kelly
Jesse Noyola
Rex A. Kinnison
Melody Cooper
Mark Scott
H:\L E G - D I R \Sh ared \G ary S\agenda \2 006\08.. 22\H ighwayV illage Uti I Easement. doc
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P.O. BOX 9094
CORPUS CHRISTI. TEXAS 78469
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EXHIBIT C-2
Pa e 1 of 1
25
~---....
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: July 25, 2006
AGENDA ITEM:
Ordinal'lce authorizing the City Manager to execute a Real Estate option agreement with Scannell
Development Company or its subsidiary in consideration of $1.00 option fee for the first option
period of nine (9) months, $20,000 for next successive twelve (12) months and $20,000 for next
successive twelve (12) month period, to lease all or part of approximately 56 acres of land in Phase
1 of the Corpus Christi International Airport International Business Centre (State HWY 44 West of
International Drive North of Glasson and East of Pinson Road) at annual rate of twenty-five cents
per square foot for property which fronts International Drive, and annual rate of fifteen cents per
square foot for all other property, to be increased every five years by 7.5%, for a term of forty years
with two successive five year options to renew; and providing for publication.
ISSUE:
This is a 33 month option agreement with a 40-year ground lease with Scannell Development Company
for a 56 acre tract of land south of State Hwy 44 and west of International Drive for the development of
an industrial/business park. The annual revenue for this land to the Airport has been $1,275.00. The
proposed lease has a potential annual income of $365,904.00.
Mr Joe Adame with Joe Adame and Associates, Inc. was contacted to consult on the lease and option
agreement and made several recommendations which were included in the agreement.
REQUIRED COUNCIL ACTION:
All Resolutions and Ordinances require Council approval.
PREVIC)US COUNCIL ACTION:
No previous action has been taken.
FUNDItIIG:
None
CONCL.USION AND RECOMMENDATION:
Airport Board recommended approval at the July 12, 2006 Airport Board Meeting.
/~~~
Dave Hamrick
Director of Aviation
Attachments:
Exhibit A: Background
"".".;~
BACKGROUND INFORMATION
The 1999 Airport Master Plans recommendation for this 56 acre tract of land was for Airport support
facilities which include industrial/business park development and commercial development such as
hotels and service stations. In 2005, the Airport partnered with Corpus Christi Regional Economic
Development Corporation (CCREDC) to market this land for development. The City's Utility
departments funded the needed utility infrastructure and the Airport funded the roadway and lighting
infrastructure improvements to attract interest in the project.
In August, 2005, Mr. Steve Kozarits, National Director of Development, with Scannell Development
Company, contacted CCREDC staff with an interest in developing this tract of land. Over the past
several months, we have negotiated with Mr. Kozarits to develop an option agreement and lease
agreement.
The Option Agreement is for a thirty-three (33) month period broken down as follows:
-First nine months period
-Following twelve month period
-Finallwelve month period
Option Fee
Option Fee
Option Fee
$1.00
$20,000.00
$20,000.00
If an option is taken and a lease established, fifty percent (50%) of the Option Fee would be applied to
the rent due under the lease. If the option is not exercised, the Airport receives the entire Option Fee(s)
on deposit.
The lease agreement is for a forty (40) year term with two- five (5) year renewal periods at $0.15 per
square foot with an increase every 5 years of 7.5%. As with all of our leases, the Airport Director has
final approval of the plans and specifications of all construction and improvements within the
development as well as site approval. The permitted uses are restricted to research and light industry,
industrial support, medium and heavy industry, warehousing, wholesaling, administrative, retail, and
professional office use. The prohibited uses are as follows: activities not allowed in City of Corpus
Christi Zoning Ordinance Classification 1-3, junkyards; mining and quarrying; dumping, disposal,
incineration, or reduction of garbage, sewage, offal, dead animals, or refuse; fat rendering, stockyards
or slaughtering of animals; smelting of iron, tin, zinc, or other ores; large animal raising, sexually
oriented business establishments, bars as defined by the Texas Alcoholic Beverage Commission,
advertisement signage excluding Lessor approved tenant signage, and paid public parking facilities.
Scannell Development Company is a privately held company that has developed properties in twenty-
three states and managed over $250 million dollars of commercial real estate development projects
over the last 5 years. In 2004, total consideration of their build-to-suit development projects approached
$100 million dollars
~....,.-
AN ORDINANCE
AUTHORIZING THE CITY MANAGER TO EXECUTE A REAL ESTATE
OPTION AGREEMENT WITH SCANNELL DEVELOPMENT COMPANY OR
ITS SUBSIDIARY IN CONSIDERATION OF $1.00 OPTION FEE FOR THE
FIRST OPTION PERIOD OF NINE (9) MONTHS, $20,000 FOR NEXT
SUCCESSIVE TWELVE (12) MONTHS AND $20,000 FOR NEXT
SUCCESSIVE TWELVE (12) MONTH PERIOD, TO LEASE ALL OR PART
OF APPROXIMATELY 56 ACRES OF LAND IN PHASE I OF THE CORPUS
CHRISTI INTERNATIONAL AIRPORT BUSINESS CENTRE (STATE HWY
44 WEST OF INTERNATIONAL DRIVE NORTH OF GLASSON AND EAST
OF PINSON ROAD) AT ANNUAL RATE OF TWENTY-FIVE CENTS PER
SQUARE FOOT FOR PROPERTY WHICH FRONTS INTERNATIONAL
DRIVE, AND ANNUAL RATE OF FIFTEEN CENTS PER SQUARE FOOT
FOR ALL OTHER PROPERTY, TO BE INCREASED EVERY FIVE YEARS
BY 7.5%, FOR A TERM OF FORTY YEARS WITH TWO SUCCESSIVE
FIVE YEAR OPTIONS TO RENEW; AND PROVIDING FOR PUBLICATION.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TE)CAS, THAT:
SECTION 1. The City Manager, or his designee, is authorized to execute a real estate
option agreement with Scannell Development Company or its subsidiary in
consideration of $1.00 option fee for the first option period of nine (9) months, $20,000
for next successive twelve (12) months and $20,000 for next successive twelve (12)
month period to lease all or part of approximately 56 acres of land in Phase I of the
Corpus Christi International Airport Business Centre (State HWY 44 west of
Intemational Drive north of Glasson and east of Pinson Road) for a term of forty years
with two successive five year options to renew. Rent shall be twenty-five cents per year
per square foot for property which fronts International Drive, and fifteen cents per year
per square foot for all other property. The Real Estate Option Agreement shall be in
substantially the same format and content as attached in Exhibit "A".
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.
Airport - ScanneIl.doc
....." " .-",,*
Thai the fore~~rdinanc~d for the first time and passed to its second reading
on this the. of -----rJl ' 2006 for 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 of 2006, by the following vote:
Henry Garrett
Brent Chesney
Bill Kelly
Rex A. Kinnison
John E. Marez
Jesse Noyola
Mark Scott
Melody Cooper
Jerry Garcia
APPROVED AND PASSED on this _____ day of
,2006.
ATTEST
Armando Chapa, City Secretary
Henry Garrett, Mayor
APPROVED: July 20, 2006
~-A-U ~
Lisa Aguilar ---. -----
Assistant City Attorney
F or City Attorney
\!RPORT - SCANNELL doclla
26
...... ".... ....-
AGENDA MEMORANDUM
DATE: July 25, 2006
SUBJECT: Packery Channel Area Parking Lots - Truck Parking
~NOA ITEM:
Ordinance Amending the Code of Ordinances, City of Corpus Christi, Chapter 53 (Traffic)
by Adding Section 53-177, (Certain Vehicles Prohibited from Entering and Parking in
Certain Packery Channel Area Parking Lots); Renumbering Sections 53-259 through 53-
266 (Under Article IX, Vision And Passage Obstructions) as Sections 53-260 through 53-
267; Amending Article VIII (Schedules) by Adding a New Section 53-259 (Packery Channel
Parking Lots Restrictions): Providing for Penalties: Providing for Severance; and Providing
for Publication
ISffJE: Large semi-trucks have been parking in public parking lots near Packery Channel.
The weight of these trucks exceeds the design capacity of the parking lots and significantly
reducing the number of parking spaces available to the public. An ordinance is necessary
to prohibit and enforce the parking of large commercial vehicles in these lots.
FlJtIDING: No expenditure of City funds will occur as a result of this action.
RECOMMENDATION: Staff recommends approval of the Ordinance as presented.
/
Ex
Exhibit "8"
,HOMEIKEVIN S\GE N\P AC KERYlPar_ IngL ots\P"rklngOrdMemc doc
..............,.-
Page 1 of. 3
ORDINANCE
AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS
CHRISTI, CHAPTER 53 (TRAFFIC) BY ADDING SECTION 53-
177, (CERTAIN VEHICLES PROHIBITED FROM ENTERING AND
PARKING IN CERTAIN PACKERY CHANNEL AREA PARKING
LOTS); RENUMBERING SECTIONS 53-259 THROUGH 53-266
(UNDER ARTICLE IX, VISION AND PASSAGE OBSTRUCTIONS)
AS SECTIONS 53-260 THROUGH 53-267; AMENDING ARTICLE
VIII (SCHEDULES) BY ADDING A NEW SECTION 53-259
(PACKERY CHANNEL PARKING LOTS RESTRICTIONS);
PROVIDING FOR PENALTIES; PROVIDING FOR SEVERANCE;
AND PROVIDING FOR PUBLICATION.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. Chapter 53 of the Code of Ordinances is amended by adding section 53-177
to read as follows:
"Se.c. 53-177. Certain vehicles prohibited from entering and parking in certain
Packerv Channel area parking lots.
No person shall enter. park. or operate any commercial vehicle. trailer, semitrailer. pole
trailfr. house trailer, farm tractor. truck-tractor, road-tractor, tow truck. or any vehicle with a
areas weiaht in excess of two tons. at any time, in the Packerv Channel area parkina lots
deSfribed in Schedule X, as set forth in section 53-259, unless a parkina permit issued for a
sPatial event or purpose shall have been obtained from the director of traffic enaineerina.
This section shall not applv to persons, operations. or vehicles permitted to enter. park.
or qperate in a Packerv Channel area parkina lot in the performance of their duties under the
authority and provisions of this Code.
This section shall not applv to persons enterino, parkino, or operatina the followina types
of motor vehicle, includina but not limited to: authorized emeraencv vehicles. liaht trucks.
pastenger cars. towable recreational vehicles. travel trailers that are driven for personal use.
callJ>ine trailers. truck campers. recreational vehicles that are driven for personal use. and
pa_neer vehicles towinq a personal boat. watercraft, water skis, surfboards. or similar
recreational devices.
As used in this section, the words "trailer," "semitrailer." "pole trailer." "house trailer,"
"farm tractor," "towable recreational vehicle," "authorized emerqencv vehicle." "liaht truck,"
'pa.enoer car," "motor vehicle," "recreational vehicle," "truck-tractor." "road-tractor," and "tow
trueJ." shall be interpreted as defined bv Sections 541.201. 552.004. and 642,001 of the Texas
T ral1SPortation Code.
As used in this section, the words "commercial vehicle" shall be interpreted to mean any
moter vehicle (other than a motorcvcle) desianed and constructed for the transportation.
rjeliv:ery, or pick up of heavy bulky or other commercial product or materials, whether or not the
H:\LEG.DIR\VeronlcaO\ENGINEERING\TRAFFICiORDSec 53-177sec 53-258 revised on 072006.doc
Page 2 of 3
vetjcle has the name of the firm permanently affixed. painted or inscribed on either side of the
vehicle. "
SECTION 2. Article IX (Vision and Passage Obstructions) of Chapter 53 of the Code of
Ordinances is amended by renumbering sections 53-259 (Definitions) through section 53-
268 (Penalty) as sections 53-260 (Definitions) through section 53-267 (Penalty).
SECTION 3. Article VIII (Schedules) of Chapter 53 (Traffic) of the Code of Ordinances is
amended by adding section 53-259 to read as follows:
"s.c. 53-259. Schedule X -- Certain vehicles prohibited from parkina in certain
Packerv Channel area parkina lots.
In ~cordance with section 53-177and subiect to the definitions. exceptions. and limitations in
th~section. and when sians are erected aivina notice thereof. no person shall enter. park, or
op.ate any commercial vehicle. trailer. semitrailer. pole trailer, house trailer. farm tractor, truck-
trador. road-tractor, tow truck. or any vehicle with a oross weioht in excess of two tons. at any
time. in the followino Packerv Channel area parkina lots:
(1) Packerv Channel South Parkina Lot. located at Windward Drive and St. Auoustine
Drive, beino part of Padre Island Section A. Lots 13, 14. and 15. Block 45.
(2) Packerv Channel North Shore Parkina Lot, located at 14613 Zahn Road (temporary
address). beina part of a 684.480 portion of State Tracts Numbers 51. 60. 61
Laauna Madre. 907S. 908S. 915 S. 916S Gulf of Mexico: and Tracts Numbers 1. 4.
and 5, GLO School File No. 153534. Nueces County. Texas.
* * * *
SECTION 4. A violation of this ordinance is punishable under section 1-6 of the Code of
Ordinances
SECTION 5. If for any reason any section, paragraph, subdivision, clause, phrase, word
or provision of this ordinance shall be held invalid or unconstitutional by final judgment
of a court of competent jurisdiction, it shall not affect any other section, paragraph,
subdivision, clause, phrase, word or provision of this ordinance, for it is the definite
intent of this City Council that every section, paragraph, subdivision, clause, phrase,
word or provision hereof be given full force and effect for its purpose.
SECTION 6. Publication shall be made in the official publication of the City of Corpus
Christi as required by the City Charter of the City of Corpus Christi.
H\LEG.DIRIVeronleaO\ENGINEERINGITRAFFIC\ORD see 53-177see53.259. revised on 072006 doc
~"...
Page 3 of 3
That the foregoing ordina, nce was, r ,e, ,ad ~~ ~::' and passed to its second
reading on this the _25-~ay of ~_~ , 2006, by the following vote:
. l
Henry Garrett Rex A. Kinnison
Brent Chesney John E. Marez
Melody Cooper Jesse Noyola
Jerry Garcia Mark Scott
Bill Kelly
That the foregoing ordinance was read for the second time and passed finally on this
the __ day of __"_~~_ ,2006 by the following vote:
Henry Garrett
Brent Chesney
Melody Cooper
Jerry GarcIa
Bill Kelly
Rex A. Kinnison
John E. Marez
Jesse Noyola
Mark Scott
PASSED AND APPROVED this the ___ day of
ATTEST
,2006.
Armando Chapa
City Secretary
Henry Garrett
Mayor, City of Corpus Christi
H:\LEG DIRIVerontcaO\ENGINEERINGlTRAFFIC\ORDsec 53-177sec,53-259, revised on 072006,doc
27
~"""'"
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: August 22. 2006
AGENDA ITEM:
Public hearing on proposed ad valorem tax rate increase.
ISSUE:
The fiscal year 2006-2007 budget approved by the City Council on July 25, 2006, includes a
proposed tax rate of$0.607406 per $100 valuation, which is a 2.94% decrease from the prior year's
ad valorem tax rate of $0.625799 per $100 valuation. Although the rate included in the budget of
$0.607406 does not exceed the rollhack rate of $0.634627 per $100 valuation, it does exceed the
etfective tax rate 01'$0.591434 per $100 valuation. As a result, two public hearings must be held.
fhis is the tirst of the two public hearings The second public hearing will be held on Tuesday,
August 29. 2006.
REQUIRED COUNCIL ACTION:
Hold a public hearing to enable taxpayers to express their views on the proposed tax increase.
PREVIOVS COUNCIL ACTION:
July 25, 2006 - City Council adopted the City budget for fiscal year 2006-2007 based on the
proposed tax rate of $0.607406 per $100 valuation.
July 25, 2006 -
City Council voted to schedule September 12, 2006 for adoption of the ad
valorem tax rate of$().607406 per $100 valuation and voted to schedule two
public hearings on the proposed ad valorem tax rate for August 22,2006 and
August 29. 2()()6.
FUTURE COUNCIL ACTION:
August 29. 2006 - Hold a second pubhc hearing to enable taxpayers to express their views on
the proposed tax increase.
September 12,2006- City Council to vote to adopt the ad valorem tax rate of $0.607406 per $100
valuation.
CONCLUSION AND RECOMMENDATION:
No formal City Council action is required. However at the end of each public hearing, the Mayor
must announce that during the September 12, 2006 Council meeting beginning at 10:00 a.m. at City
Hall, the City Council will vote on the proposed tax rate.
... ~~tJ'~
Cindy O'Brien
Director of Financial Services
Attachments:
AU8Ust 13,2006 publication in Caller-Times - Notice of Public Hearing on Tax Increase
:\ugust 6.2006 publication In Caller-Times 2006 Property Tax Rates
f\lwerPomt Presentation
'..... .......
BACKGROUND INFORMATION
The fiscal year 2006-2007 budget approved by the City Council on July 25, 2006, includes a
proposed tax rate of$0.607406 per $100 valuation, which is a 2.94% decrease from the prior year's
ad valorem tax rate of$0.625799 per $1 00 valuation. The proposed allocation between the General
Fund (M&O) and the Debt Service Fund (I&S) for fiscal year 2006-2007 is $0.408231 and
$0.199175 per $100 valuation, respectively. In compliance with the financial policies adopted by the
City Council, the M&O rate was calculated based on the estimated effective M&O rate for fiscal year
2006-2007. Since the certitied values exceeded the amount used in the proposed budget, the actual
effective M&O rate is $0.403] 97 per $1 00 valuation. If the actual effective M&O rate is used, this
would cause the total tax rate to drop to $0.602372 per $1 00 valuation, while still generating almost
the same amount of revenue included in the adopted budget. Although both the rate included in the
budget of$0.607406 and the revised rate of$0.6023 72 do not exceed the rollback rate of$0.634627
per $100 valuation, they dl exceed the effective tax rate of $0.591434 per $100 valuation; thus
requiring two public hearings.
;\lso, as required by the Code, a "Notice of Vote on Tax Rate" will be published on September 3,
2006 in the Corpus ('hnsti Caller-Times
Notice of Public Hearing on Tax Increase
The City of Corpus Christi will bold two (2) puIIIie hcarinp on I propoallo incIwe lAlIaI tax revenues from poperties oolbe tax roll in !be ,.ccedilll tax year by 2.70 percent
(perc:entqe by which pllllICItd lax rile excecdllower of roIlblct lax rile or effective lax cakulatcd .. CIIapIer 26, Tu Code). Your Indivlduallaxes IIIIy increue III peater or
IClset ralt, or even decreIse, depend... 011 the change in the taxable value of ~ property in rel1liOllIO Ibe _ in tuabIe value of all other property an<Ilbe lax nte that is
adopted
The public hearinp will be held on Auaust 22, 2006, during the Councll meetiDg beginning It 10:00 AM and on August 29,2006, during the Council meeting beginning I! 10:00
AM II Council Chamben, City Hall. 120lleopIrd St., Corpus ChriS!I, Tew
Tne memben of the govemill8 body voted on Ihe proposal 10 consider the tax increue II follo\\1
fOR Mayor: IIemy GarreU
Council Member!
Melody Cooper
Brent Chesney
Bill Kelly
Jerry Garcia
Rex KiMison
John Marez
Mark Scott
Jesse Noyoll
AGAINST:
PRESENT and not voting
.USEIif:
CompamOD Or Propo.ed Budget witb Last Year'. Budget
The applicable percMlage increase or dcawe (81' difference) in the amount budgeted in the preceding fISCal year an<Ilbe amounl budgeted for the fiscal year that begins during
!he currenll8X year is indicated for each of the folowing expeIlditure categories
Mainlelllllce and operations
Deb' service
Total expenditures
2.75% increase
7.38% increase
4.22% increase
Tnial appraised value' of all property
Tntalappraised value' of new property"
Tntaltaxable value'" of all property
Totall8Xable value'" of new property"
Total Appraised Value aDd Total Taxable Value
as calculated UDder section 26.04, Tal Code
Preceding Tax Year Currenl Tax Year
$12,351,338,128 $13,334,200,746
S618,276,5I1 $588,256,901
SI0,478,529,288 $11,421,305,918
$276,420,033 $280,797,998
Bonded IDdebtedDCls
Toial amount of outslanding and unpaid bonded indebltdness $13,352,435
Tn Rates
Adopted tax rate for the precediug tax year
Proposed tax rate for the currenl tax year
DitTerence in the proposed laX lilt and the adopted tax ralt for the preceding tax year
Ptlrcentage increase or decrease in the proposed tax rate and the edopltd tax lilt for the preceding tax year
$0.625799 per SIOO in value
$0.607406 per $100 iu value
$(0.018393) per$IOO in value
(2.94)% (Decrease)
Tbese tu nte figures are uot adjusted for (baDges ID the tlIable vallie of property.
CompamoD or RClidence Homestead Values
Average apPl1ised and Iaxlble values on residence homesl9ds are compared from the _iog lax year IIId the current tax year.
Precedill8 Tax Year
$88,920
$20,385
Currenl Tax Year
$95,597
$20,605
Average residen<:e home.stel4appflised value
Homestead exemption amounl for the taxing unit
(excluding special exemptions for persons 65 years of age or older or disabled)
Average taxable value of a residence homestead
(excluding special exemptions for pcI$Ol1S 65 years ohge or older or disabled)
$68,535
$74,992
CompamoD or ResideDte Homestead Tues
TIle taxes thai would have been imposed ill the pradiog tax year on I resideau bomestcId lUbe avCII&C lJlPI1iJcd value (excluding special exemptions for persons 65 )'CIl1 of age or
.. or diubled) are eIIilIIaIcd to be $421.19. Tbo IIXes lhIl would be impoIed ill lIIe amat tax year 011 resideate bcl1leIItId IJIIllIiIed 11 the lvenae appraised value in the tWIll
III year (excludiac speciII exemptions for pcrsons 65 ym of.. or older or disabled), If the proposed tax nte is adopIed, are eIIimaled to be $455.51. The dilfereneebetween the
arnou"t ofL".,~ on tre al'e~e .esider,ce homestead in the current tax Year. if the prooosed tax ~te is adopted. !.lid the preceding tax year would be an incre~e of$2662 in taxes
, 'AppaiJed value' is thellllOlllll IhoWSlOll thelflllliul roll and defmecl by Settion 1.000g), Tax Code.
.. 'New ptVJlCltf is deIIaed by SecCioe 26.012(11), Tu Code.
... 'Taxable nile' is doIined by Section 1.04(101 Tu Code.
..
,...
..
~
:;
~"""'"
Tax Rate Information Published in the Corpus Christi Caller-Times
On Sunday, August 6, 2006
2006 Property Tax Rates in City of Corpus Christi
ThIS notice concerns 2006 property tax rates for City of Corpus Christi. It presents
infonnation about three tax rates. Last year's tax rate is the actual rate the taxing unit used
to detennine property taxes last year. This year's effective tax rate would impose the same
total taxes ao last year if you compare properties taxtxl in both years. This year's rollback
tax rate is lhe highest tax rate the taxing unit can set before taxpayers can start tax
rollback pn'c'edures. In each case these rates are found by dividing the total amount of
taxes by the lax base (the total value of taxable property) with adjustments as required by
state law. 1 he rates are given per $100 of property value
Last year's lax rate:
Last year's operating taxes
Last year's debt taXeS
Last year's total taxes
Last year's tax base
Last year's total tax rate
This year's effective tax rate:
Last year's adjusted taxes
iafter subtracting taxes on lost property)
This year's adjusted tax bast'
(aftermbtmcting value of new property)
~ This year's effect! ve tax rate
$42,048,737
$19,631,003
$61,679,740
$9,856,158,287
0625799/$100
$60,898,568
$10,296,748.932
,Maximum rate unless urnt publishes notices and holds heanngs.)
O.591434/$JOO
This year's rollback tax rate:
Last year's adjusted operating taxes (after
subtractmg taxes on lost property and
adjusting for any transferred function, tax
increment financing, and or enhanced
mdigent health care expenditures)
This ,ear's adjusted tax base
.~ This \ ear's effecti ve operating rate
x l.08 this year's maximum ..pemting mte
+ This vear's debt rate
= This vear's total rollbac k rate
$41,516,202
$]0,296,748,932
(JA03 1 97/$100
0,435452/$100
0199175/$100
0.634627/$100
Statement of Increase/Decrease
If CIty of Corpus Christi adopts a 2006 tax mte equal to the effective tax
rate of $0.591434 per $100 of value, taxes would increase compared to
2()O~ taxes b. $879,469
Schedule A - Unencumbered Fund Balances
The following estimattxl balances will be left in the unit's property tax
accounts at the end of the fiscal year. These balances are not encumbered by
a correspondmg debt obligation
Type of Property Tax Fund
General Fun,l
Debt Servic,
Balance
$18,450,685
$7,340,526
Schedule B 2006 Debt Service
rhe unit plans to pay the 1()lIowmg amounts for long-tenn debts that are
secured b: property taxes rhese amounts will be paid from property tax
revenues I 'f addltJnnal sales tax revenues, If applicable)
Descnption
of llebt
I'nnclpal"1
Contract Payment
to be Paid fwrn
Pre >pert\ 1 a x cs
Interest to be
Paid from
PropeI1\
ra, cs
Other
Amounts
to be Paid
Ili96CeI1llicates"I 515,-f1>4 B2,221
Obligation
2000 Certificates ,,>1 $401 IX2 $JC)1.516
Obligation
2001 A General $2,981" L\ $272,063
Obligation
200lBGencral $,"111,'18 sn4JI29
Obligation
2002 Certificates 01 $77\1):;9 $909,S';O
Obligation
2003 General $2,124, L'8 $406,[46
Oblligation
2004 Certiticates of $16<),4(14 $]88,773
Obligation
2004 General $6,O\ll7ll0 $653,053
IJbligation
2005 General $46(;,"'9 $2.81\344
I )bligation
2005 Certificates oj $1 i $445,874
Obligation
2006 Certi1icates.,j bli $482,770
Obligation
Total Recjuired I<)r 200e, Debt Service
Amount (.fany) paid horn lund, listed in Schedule A
<\mount (,f any) paid from other lesources
Excess collections last yea I
Total to be paid from taxes in 2U06
". Amount added in anticipation that the unit will
collect ,'nly 97 00% of its taxes m200(,
Total Debt Len
ThIS notice ,:ontains a sununary of actual effective and rollback tax rates'
calculation, You can inspect a copy of the full calculations at 901 Leopard,
Suite 301, Corpus Christi, Texas 78401.
'lame of person preparing this notice: Ramiro R. Canales, C1' A
Title: Nueces County Tax Assessor-Collector
Date Prepared August 2, 2006
............-
$0
Total
Payment
$184,685
$0 $506,718
$0 $3,253,576
SO S 1.024,747
$0 $1,688,809
$0 $2,530,474
$0 $358,177
$0 $6,683,843
$0 $3276,123
$0 $445,874
$0 $482,770
$20,435,796
$0
$0
$0
$20,435,796
$632,035
$21,067,831
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28
.....-... '....
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: AUQust 22. 2006
A. AGENDA ITEM: p., Public Hearing on a proposed amendment to the comprehensive plan of
the City of Corpus Christi by amending the City of Corpus Christi Parks, Recreation, & Open Space
Master Plan by adding ar, appendix entitled "The 050 Creek 050 Bay Greenbelt, Parks & Trail
System Master Plan"
B. AGENDA ITEM:;mending fhe Comprehensive Plan of the City of Corpus Christi by
amendlno the C:ity oj Corp, IS Christ! Parks, Recreation & Open Space Master Plan. as amended on
June 21, 200b, by approving The Oso Creek-Oso Bay Greenbelt, Parks & Trails System Master
Plan as part of the Parks, Recreation & Open Space Master Plan, as amended on June 21,2005;
providing tor repeal of conflicting ordinances, and providing for severance.
ISSUE ! an effar! to balance the development of park, recreation, and trails facilities with the
natural and nparian elements of the Oso Creek and Oso Bay and residential and commercial
development within the Oso drainage basin, the Parks and Recreation Department partnered with
the National Parks ServiCf~-Rivers. Trails, and Conservation Assistance Program and the Coastal
Bays and E:stuaries F_lrOgi am to research the past and to make recommendations that would
Dositively affet:;t present ,md tutUJ e development along the Oso Creek, the Oso Bay, and the
drainage baSin. H18se racommendatlons are tormatted and brought forward herein as an
amendrnent tc the City of~orpus Chnsti Parks, Recreation and Open Spaces Master Plan.
REQUIRED COUNCIL At TIONhe City COUl1cills equlred to approve all Parks and Recreation
"\i1aster Pi. iliS In j ,ent amflnd!llents
PREVIOUS COUNCIL ACTION: The City Council approved the City of Corpus Christi's Parks,
Recreation and Open Space Master Plan The City Council approved the grant from the National
Parks Service to piOvlde c' facilitator to conduct the Steering Committee meetings.
CONCLUSION AND RECOMMENDATION: It is recommended that the City Council approve the
appendix to the City of Corpus Christis Parks. Recreation and Open Space Master Plan.
~~
Sally Gavlik
Director of Parks and Recreation
Attachments:
.~; ..,-
BACKGROUND INFORMATION
In May 2004. the Parks and Recreation Department secured a grant from the National Parks Service
to providE' facilltatc1! assIstance to ,;onduct a study of the Oso Creek and Oso Bay Basin for
developrnenl of I ecreatlDnal opportunities. In an effort to balance the development of park,
recreation and trails facilities with the natural and riparian elements of the Oso Creek and Oso Bay
and reSidential and:onmer.cial deveiopment within the Oso drainage basis, the Parks and
Recreation Department partner"eo wit the National Park Services Rivers, Trails and Conservation
Assistance Progranl and !he Coastal Bay and Estuanes Program to research the history of the Oso
Creek and the 050 Bay and to !11ake recommendations to positively affect present and future
developrnent along the (.,0 Creek thE- ()so Bay and the related drainage basins.
A Steering Committee vvas approveCl by the City Council to study the basin and to explore
envrrolJrl'entcil 'llstrJllt:al developrnerr 3nd future needs along the creek basin to the bay. The
steering,urYnnittee has ,eld rneetlngsJVer the past 18 months and assembled a broad base of
resource to educate the members of the Steering Cornmittee The resulting recommendations are
deSigned to protect the naturai habitats and ripanan make-up of the drainage basin, to assist city
departments In thei resp<,nsibi1ities without damage to the drainage basin, the creek and the bay,
and to assist the developnent community as they create neighborhoods that are compatible with
ecosysterns and riparian i :abltats Iii and adjacent to the watershed The Oso Creek and Oso Bay is
a long and wlndlrlg::reek and bay system that are Important elements to the City of Corpus Christi
for both (jrainage and recreation As the Parks and Recreation Department develops plans for
future development In the drainagf; basin It is essential that the ecosystems and riparian habitat in
the ba~".1n be Drotec:tec
The Oso Creek Oso Bay Creenbelt Parks, and Trail System Master Plan has been presented to the
Parks and Recreation Ad, 'sorv Con-lnllttee where it was approved for presentation to Council. The
Parks aile] Recreation Der,artrrlpnl has 8isCl held two ~lublic hearings along the creek for community
members tu have du ing t!~ie no! ItliS of Apri! and May The Planning Commission held a public
')earrnU end the Ma~le:.j thei! 9 2006 meeting,
The reconl!l1endatlcns arc formatled and brought fOlward herein as an amendment to the City of
Corpus Christi Parks, Rfcreatior and Open Spaces Master Plan, The Oso Creek Oso Bay
Greenbelt Parks and Tra! System Master Plan is an amendment to the above noted master plan
which will be submitted to Texas Parks and Wildlife for future grant opportunities"
~...._,...,
~
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- -
- -
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City oj
COl:PUS
Ch risH
PARKS &
RECREATION
City of Corpus Christi Parks, Recreation,
and Open Spaces Master Plan
Appendix 0:
Oso Creek - Oso Bay
Greenbelt, Parks & Trails System
August 3, 2006
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CONTENTS
Section Title Page
#
1 Introduction 1
2 C:orpus Christi Then & Now 2
3 Existing Parks 2
4 (~oals & ()bjectives 3
5 Public Involvement 4
6 Needs Assessment 5
7
Master Plan/Conceptual Design 6
8
Recommendations
8
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Corpus Christi s Parks, Recreation & Open Space Master Plan
August3,2006
1 Introduction
The 050 Creek its tnbutaries and Oso Bay (referred to collectively hereafter as "the
Oso') form a portion)f the southern boundary of the City of Corpus Christi between
the Elliott Landfill (Greenwood Road) and its intersection with Corpus Christi Bay.
The Oso also has other tributaries which extend to the northwest of the City of
Corpus Christi Ove, the years, the Oso has been the subjects of design studies by
architects and engineers concern by environmental groups, and finally the planning
efforts of the 050 Cmek Steering Committee The members of Oso Creek Steering
COPlrrHttee have putorth sIgnificant work and their efforts promise to provide an
excellent rnodel for smilai efforts other c;oastal bend watersheds.
The purpose of the SUJdy by the 050 Creek Steering Committee is to provide ideas
for storm water qualitv management with natural resource protection and improved
recreational activities Sponsors of the study are the City of Corpus Christi, the
Coastal Bend Land 1; ust, and the Coastal Bend Bays Foundation, supported by the
National Park ServicF The issue of recreation along and in the waters of the 050
has been discussed great length with the hopes that water contact recreation will
be a possibility withir the foreseeable future The Texas Commission on
Environmental Quality, and Texas A & M University - Corpus Christi, are involved in
a T otai Maximum Dady Load stud\, of bacteria present in the creek.
This pianfJIng ettori,~ deslgneo I( dlse issues such as the amount and rate of
development along the bank:, 01 the Oso. the configuration and width of the flood
plain, and the dlschai ge of storn'i water into the watershed. These issues will be
some the major factors ili 'mprovlng water quality, protecting natural resources,
park development and green space conservation. They will also guide the future
possibility of watel ccntact recreation activities. These issues are to be addressed
partly through private land and water conservation efforts, partly with public efforts,
and partly through education of landowners and the general public. The Parks and
Recreation Department will be responsible for park development within the city
limits. The city will coordinate all park development and recreation activities as well
as crossings from the northern bank to the southern bank. It will be important to
create a single theme for all park development that will include the creation of
greenbelts, parks, and trails system to tie together the large and small park
developments
Appendix 0: f Jso Creek n Oso Bay Greenbelt, Parks & Trails System
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Corpus Christi's Parks, Recreation & Open Space Master Plan
August 3, 2006
The graphic depictions in Section ;' represent the consensus of the group as to
these issues relative to development, utility infrastructure such as wastewater
reclamation, storm water collection and discharge, flood plain management, contact
recreation amenities, and other activities that are not regulated by the City of Corpus
Christi but which are important to the future of the creek
The consensus prioritIes of the Steering Committee are:
1 Buffers
2 Riparian zone 'mprovements
3a. Vegetation
3b. Trails (includin~ Hike & Bike and Nature Trails)
4 Regional Park~
2. Corpus Christi Then and Now
Refer to the Corpus Christi Parks, Recreation, and Open Space Master Plan for
detailed historic, economic, and demographic data important to understanding the
context and need for recreation and conservation
Also refer to Section f fOI a dIscussion of the background and genesis of the Oso
project
3. Existing Parks
Refer to the Corpus Christi Parks, Recreation, and Open Space Master Plan for
detailed discussions of existing parks in the project area.
Appendix D: 080 Creek ... Oso Bay Greenbelt, Parks & Trails System
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Corpus Christis Par~ S, Recreation & Open Space Master Plan
August 3, 2006
4. Goals and Objectives
Beginning with the May 2004 050 C:reek Watershed Workshop and continuing
through an extensive Steering Committee process two consensus goals emerged.
These goals are intended to provide direction for Parks Department staff, suggest
direction for other city departments, and advise the elected officials of Corpus
Christl These goals complement rather than supplant the goals set in the Corpus
Chnstl Parks, Hecreation, and Open Space Master Plan, and should be reviewed
and updated periodically as a part of the overall parks planning process. The goals
are ,ntended to be au;ompllshecl through' Ise of "key design elements" developed by
the Steering Committee, a list of which is attached hereto for reference.
Goal 1 : Protect the natural resources and improve water quality within
the Oso Creek and Bay
1 his is to be accomplished through the creation of buffer zones to
separate the natural resources of the creek and bay from new
development, improving riparian zones for the purposes of water
filtering and improving animal habitat, and encouraging the use of non-
invasive native vegetation in all development and construction.
Goal 2: ProvIde increased and improved recreational opportunities
along the Oso and Bay
1 his is 10 be accomplished by creating a trails system along The Oso
connecting a series of parks and recreational amenities. The trails will
include hike and bike trails, equestrian trails, nature trails, and a water
trail These trails will provide additional public benefits through
providing opportunities for cardiovascular exercise, outdoor education,
and alternative transportation routes. They will include interpretive
elements to educate the public about both the natural resources and
historic/cultural significance of the Oso
The senes of parks will include areas dedicated primarily to natural
resource conservation and nature enjoyment, active recreational parks
l-\ppendix 0: Oso Creek .~ Oso Bay Greenbelt, Parks & Trails System
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Corpus Christi's Parks, Recreation & Open Space Master Plan
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to provide for picnicking and outdoor activities, and a variety of bird
watching and water access amenities along the full length of The Oso
5, Public Involvement
The Oso has a checkered reputation in recent memory in respect to water quality.
Public desire to see the Oso cleaned up grew in recent years proportionately to the
needs of a growing population. A variety of local interest groups from neighborhood
associations to recreation groups and nonprofit conservation organizations began
working to raise awareness and spark action Concurrently, real estate development
converted agricultural lands into subdivisions This has created an economic
interest In Improving the aesthetiCS of the creek. Simultaneously, City staff paid
more attention to the ,~reek as its Importance in flood control, demand for new roads
and utilities to serve new subdiviSions, and as a result of impending new federal and
state regulations
The result of these factors is a relatively high public awareness of conditions and
needs In the project area. This plan is just one of several complementary efforts led
by state and local government to address the needs and improve conditions for
human health and safety, economic development, and natural resource conservation
in the watershed. These efforts include comprehensive transportation planning,
coordinated storm water and drainage management planning, water quality and
habitat studies, and recreation and conservation planning
G,ven ThiS background of awareness and involvement by all sectors and most
interests Within the community, the American Institute of Architects teamed with the
Coastal Bend Land Trust and the Coastal Bend Bays Foundation to host a visioning
charrette in May 2004 The desired outcomes for this charrette were development of
a common vision, in words and pictures, of The Oso in the year 2020, and a list of
current and likely users and uses of recreational amenities along the creek. This
public event was facilitated by the National Park Service Rivers, Trails, and
Conservation Assistance (RTCA) program, and was very well attended by
representatives of stakeholder groups, city staff, and the general public.
As a follow-on to this charrette, the City of Corpus Christi partnered with the Coastal
Bend Land Trust and the Coastal Bend Bays Foundation to request RTCA program
support for a Steering Committee to evaluate and further develop the consensus
Appendix 0: Oso Creek - Oso Bay Greenbelt, Parks & Trails System
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Corpus Christi's Parks, Recreation & Open Space Master Plan
August 3, 2006
ideas expressed by ctlarrette participants and develop plans for conversion of these
ideas Into reality. Beginning in November 2004 RTCA facilitated a series of 11
meetings of an ad hoc committee consisting of 49 representatives from 25
stakeholder organizations. landowners, and other interests. These meetings
included an extensivE senes of presentations from a wide variety of experts ranging
from history to geomorphology tCl transportation and agriculture in the watershed to
develop a Gammon ki ,owledge.!an$-luage and level of expertise among committee
members
Moving from thiS Lornmofi basis the Steeling Cornrnittee reviewed the outputs of the
charrette, added to at \d edited the list of users and uses, and developed a prioritized
consensus list of key:iesign elements and guiding principles to be considered in all
conservation, recreation, and development efforts along the creek. The group then
enlisted the pro bono suppon of a leading recreational planning firm, Halff
Associates, to convert these Ideas into a conceptual design for recreation and
conservation amenities along the creek RTCA staff worked with Parks and
Recreation Department staff to develop this plan, which was then subjected to
review and input by both the Steenng Committee and the constituent organizations
mak1ny up the:!xnnlltfee
This plan and the final conceptual drawings were presented to the City of Corpus
Christi Parks and Re<reation AdVISory Committee and at a series of public meetings
for reView dnd Input. fhis pUblic input was evaluated by H-,e professional planners of
the National Park Sel,lice City stFlft and Halff .Assoclates who supported the
Steering Committee and where appropriate. the plans were changed to reflect
publIC response Following Parks and Recreation Advisory Committee action, the
entire package was again made available for public response during its presentation
to the Corpus Christi City Council for its review and adoption.
6. Needs Assessment
Refer to the Corpus Christi Parks, Recreation and Open Space Master Plan for a
discussion of the methodology and results of the detailed city-wide needs
assessment which advises this plan. Specific level of service evaluations will be
Appendix D: Oso Creek -.. Oso Bay Greenbelt, Parks & Trails System
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Corpus Christi's Parks, Recreation & Open Space Master Plan
August 3, 2006
undertaken prior to the development of any recreational amenities envisioned in
Section 7 of this document
7. Master Plan/Conceptual Design
Refer to the Conceptual Design at the end of this Section for recommended
locations 0f amenitie~ The rrioritv for development of amenities is set forth as
follows
Buffers
2 Riparian zone Improvements
3a Vegetation
3b frails (including Hike & Bike, Equestrian and Nature Trails)
4 Regional Parks
This design includes
Trails to be used for walking, running biking, horseback riding, nature
enjoyment and outdoor education
Passive and active recreation parks to include picnicking, nature enjoyment,
fishing (as water quality allows) outdoor education and other activities.
A water trail beginning below Staples St and continuing to the mouth of Oso
Ray for non-contact water recreation
Access points along the creek to enable use of the water trail, bird watching
and nature enjoyment, and managementimaintenance of facilities.
Conservation-based nature parks to include nature enjoyment and outdoor
education
Designation of the entire 1 DO-year floodplain of the creek and natural
tributaries as a buffer to protect the aesthetics and habitat of the creek,
Appendix 0: Oso Creek .- Oso Bay Greenbelt, Parks & Trails System
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Corpus Christis Park.s, RecreatIon & Open Space Master Plan
August 3, 2006
provide for biofiltering of runoff and non-point source pollution, and protect
homes from flooding
Restoration of non-invasive native vegetation and improvement of
management activities In riparian zones along the creek and natural
tributaries
Use of storm water drainages and tributaries as right of way for connecting
and feeder trails to improve access and usage of amenities. Vegetated storm
water channel:. can also bE; used as filters for runoff
Acknowledgement of the regional park proposed by the Coastal Bend
Regional Park Foundation and the Nueces River Authority and the potential
for future partnership
Infrastructure roads, parking, utilities, lighting etc.) as required by the
potential use of the amenity and level of service required.
All amenity design should include where applicable, these guiding principles:
VJildlife protection
Apprupriate dnll el IIIIIUIIf Ilentaily~ell:;ltive '8~jdentlal development
Research opportunities
Themes for the different parks
Improved water quality
'" Xeriscaped landscapes
II No use of invasive species in landscaping
A pattern book, to be developed by Parks and Recreation Department staff, will
ensure consistency of aesthetics, maintenance, and function of amenities. Specific
level of service calculations, funding availability and availability of land will guide
design and constructvm of specific amenities and final amenity location.
Appendix 0: Oso Creek -- Oso Bay Greenbelt, Parks & Trails System
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Corpus Christi s Parks, Recreation & Open Space Master Plan
August3,2006
8. Recommendations
The fo!IcJw!ng recommendations consist of a synthesis of public input, the educated
opinions of the 050 C r-eek Steering Committee, and professional opinion. These
recommendations propose a series of policies and actions intended to achieve the
Goals laid out in Section 4 and to compliment adopted plans including the
Comprehensive Plan the Area Development Plans, the Oso Parkway Plan, and the
Urban Transportation Plan
Goal 1 ~ Protect the natural resources and improve water quality within the
Oso
AchieVIng this goal requires a holistic approach to the growth and development of
the Oso However thiS goal IS consistent with the City of Corpus Christi
Comprehensive Plan and other documents produced by this and other jurisdictions.
AchieVing this goal is possible through a combination of policies and actions
involving land use de{~jsion rnakinq natura! resource conservation, and land
management practice,.
Land use decision making:
Land use policy requires coordination across multiple City of Corpus Christi
departments and multiple jurisdictions. In developing these recommendations the
planning team and Oso Creek Steering Committee balanced the needs of the
environment, economic development, public recreation, health and safety, and
~andowner rights
I City policy should continue to require no construction, except as provided
below In compliance with the City of Corpus Christi Flood Hazard
Appendix 0: Oso Creek -- Oso Bay Greenbelt, Parks & Trails System
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Corpus Christi s Parks, Recreation & Open Space Master Plan
August 3, 2006
Prevention Code, be allowed to occur within the 1 aD-year flood plain as
delineated on Flood Insurance Rate maps. This will help to minimize
damage to development during times of flooding. In addition, the City may
accept the donation of low lands adjacent to the creek and bay to create a
buffer and to preserve natural habitats Acceptance of donation of
lowlands will help to create a buffer adjacent to the Oso and will aid water
~uallty, protect animal habitat and minimize flood losses It should be
'loted that The Federal Emergency Management Agency (FEMA) is
updating the existing Flood Insurance Rate maps. The new maps could
.;hange thE width of the flood plain which will have an effect on the
vetlands a' ld the amount of land available for parks and open space.
rhe City at Corpus Chnsti requires compliance with the City of Corpus
(~hristi Flood Hazard Prevention Code for the construction of
Improvements within the floodplain. This ensures continued participation
in the National Flood Insurance Program as administered by FEMA.
fhe City of Corpus Chnsti Flood Hazard Prevention Code stipulates the
rype of improvements allowed in the different flood zones. Reference is
made in that code to withholding permits for construction of structures
whic~1 include buildings with enclosed walls and a roof system supported
either by load bearing walls or supported by a separate structural system.
Unoccupied improvements such as tables, benches, trash receptacles.
Nay finding signage. gazebos and observation decks, and playground
equipment .~an be allowed within all flood zones provided they are
anchored to resist the hydrologic loads imposed by rising waters such as
Gan be expected in a riverine setting, and provided the improvements do
not displace or inhibit the retention capacities within the floodplain.
Interpretative centers, restrooms, or storage/maintenance buildings to
support the linear parkltrail system would be designed and constructed
outside of the limits of the f100dway and in strict compliance with the City
uf Corpus Christi Flood Hazard Prevention Code
2) Continue to encourage low density development adjacent to the Caya Del
080 and 080 Creek. Lower density development with larger open spaces
A.ppendix 0: ()so Creek - Oso Bay Greenbelt, Parks & Trails System
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Corpus Christi's Parks, Recreation & Open Space Master Plan
August 3,2006
and less impervious surfaces will minimize damage to water quality and
the natural habita of the Oso Creek and Cayo Del Oso.
~l Stormwater and flood control policies and structures should accommodate
public recreation and habitat needs to the extent possible consistent with
human health and safety and the protection of property.
Conservation of natural resources:
The City Parks & Recreation Department shall restrict landscaping within
their lands along the Oso to only non-invasive native vegetation. City
ordinances should restrict landscaping within the 100 year floodplain to
only native vegetation City staff will develop landscaping guidelines that
will comply with the City of Corpus Christi Flood Hazard Prevention Code,
that will adhere to the principles of xeriscaping, are drought tolerant, that
will improve biofiltering of storm water runoff across the basin, and that will
replicate the natural environment The guidelines will promote smart
design principles to create landscaped areas that will also create
recreational activities, and that will require minimal care and maintenance,
The guidelines shall include plant lists and instructions on plant care and
rnaintenance and will to he Included in land management educational
'nateri81~
Areas of special interest for fish and wildlife habitat should be identified
and protected with guidance from the US Fish and Wildlife Service, Texas
Parks and Wildlife Department, and/or other appropriate resource
agencies
3) Landowner education should be undertaken to improve soil conservation
practices both in and adjacent to the 1 DO-year floodplain.
4) City departments in charge of management of lands along the creek
should undertake riparian zone restoration projects to improve the bio-
filtering of runoff, stabilize stream banks in an environmentally friendly
Appendix D' Oso Creek -- 080 Bay Greenbelt, Parks & Trails System
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Corpus Christis Parks, Recreation & Open Space Master Plan
August 3, 2006
manner, and provide demonstration projects for emulation by private
landowners and other jurisdictions along the creek.
reI) Heavy equipment operations within the creek should continue to require
permits from appropriate federal, state or local authorities and in
accordance with guidelines designed to protect the natural conditions of
rhe bed and banks of the Oso.
Land management practices
The City's use of pesticides, herbicides and fertilizers should be minimized
within the 1 aD-year' flood plain Landowner education should be
Jndertaker to reduce the use of pesticides, herbicides and fertilizers on
property adjacent to tile buffer area
'::ity departments should combine all available reference documentation
associated with pollution prevention and good land stewardship best
management practices into an easily accessible form for use by
developers and builders. municipal operations departments and the
general public. Current City ordinances require additional consideration to
be g;ven to environmentally sensitive areas such as the Oso ""hile
nlannlllq development greater than one acre
Goal Provide increased and improved recreational opportunities along the
Oso.
Memoranda of Understanding or other agreement tools should be used to
coordinate policies and activities of the City of Corpus Christi with other
jurisdictions and nonprofit groups with interests in land along the Oso.
These agreements should focus on common management practices and
shared funding opportunities. Conflicts should be resolved within the
framework of the key design elements and these goals.
Appendix D: C)so Creek - Oso Bay Greenbelt, Parks & Trails System
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Corpus Christi's Parks, Recreation & Open Space Master Plan
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2) Parks Department staff shall develop a Pattern Book ( Park, Open Space
and Recreational Design Criteria Manual) for recreation amenities to
achieve a common theme and improved aesthetics in park facilities, trails,
and water access points throughout the watershed. The cooperation of
other public jurisdictions should be sought to adopt this guidance.
Funding:
Private foundation funding, state and federal grants, fundraising, land donations,
Nueces County and Incal government finance should be considered and used as
appropnate to 8Ghiew-~ the goals of this plan C:ooperation between public
jurisdictions and nonprofit organizations should be pursued to maximize funding
potential.
District Park Amendment to the Master Plan page 8-8 Park Master Plan
Recommendations
Add a new "Key Priority" to the Master Plan provided below and amend the
Ifaster Plan Park Plan Map (see attached map),
1" Key Priority - Creation of a large centrally located regional I district
park. While the City does not have funding to provide the regional I
district park, the City is supportive of private agency efforts to acquire
land for a regional park consistent with the Parks, Recreation and Open
Space Master Plan, \Nhile the City may not have funds available for
acquisition of land for the Regional Park, city assistance can be provided
through staff support In grant writing and technical expertise in the design of
future park improvements, Once land for the Regional Park is acquired the
City may accept the land and permanent maintenance responsibilities. If the
land is accepted and a plan of development is adopted, the City will
aggressively develop the park by obtaining grants, donations and bond
program funds
locational objectives for the regional park should include:
1\ land area of at least 300 acres:
2 j Access to the Oso Creek
Appendix D: Oso Creek Oso Bay Greenbelt, Parks & Trails System
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Corpus Christi's Parks, RecreatIon & Open Space Master Plan
August 3,2006
A hike and bike trail system within the park and with connection to the
=:itywide blkewav system
4) ,~ctive and passive recreational activities,
:,) Public access to alleast two existing or planned arterial (or higher
classification) roadways
6) ncorporatinn of existing public open spaces; and
, fhe park s!lould be centrally located with regard to existing and future
residential areas (see Regional or "District" Park Master Plan in the Parks,
Open Space and Recreation Master Plan)
Appendix D: flSO Creek Uso Bay Greenbelt, Parks & Trails System
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Appendices
Citizen Survey Report
R League Information & Comments
, Citizen MeetIng Comments & Public Meeting Notes
Oso Creek - Oso Bay Greenbelt Parks and Trails System
Amended bJ ordinancE: August 22 2006)
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Page 1 of 3
AN ORDINANCE
AMENDING THE COMPREHENSIVE PLAN OF THE CITY OF CORPUS
CHRISTI BY AMENDING THE CITY OF CORPUS CHRISTI PARKS,
RECREATION &. OPEN SPACE MASTER PLAN, AS AMENDED ON
JUNE 21, 2005, BY APPROVING THE 050 CREEK-OSO BAY
GREENBELT. PARKS & TRAILS SYSTEM MASTER PLAN AS PART
OF THE PARKS, RECREATION, & OPEN SPACE MASTER PLAN, AS
AMENDED ON JUNE 2'1 2005; PROVIDING FOR REPEAL OF
CONFL ICTING ORDINANCES AND PROVIDING FOR SEVERANCE.
WHEREAS. the Park ;mc Recreation Advisory Board and the Planning Commission
ave Ideel tcCit Curine ii tl'(;11 leport~-'ljid reC0i11melldations concerning
i1nendit'.J Y " us hr'sti P'n hs RerTe;:ltlon& Open Space Master Plan (as
i1lenderi r: June 120(5) ':HI .~lerll(";rJj uf thE; Comprehensive Plan of the City of
'Jrpus hnstl by dppmv:!1g the JS() /E~ekOsc Bay Cireenbelt, Parks & Trails
/stem 1\185tel Pia') Cl',; p rt uf th(~ P~1 Recrc:atnn & Open Space Master Plan, as
nender' I J 1n8 5
WHEREAS In aecul eli.me: with prope notice tu the publiC, a public hearing was held on
i\/ednesrla ftugu~t 9 2CCl6. dUring Cl rneeting ()f the Planning Commission and on
Jesda~ ugust )UO( d rin~1 a rnt~eting the City Council, in the Council
hambersit City Hall in tie rtyjf (wpus Christ! allowing all interested persons to
Dpear ;:'IilCi oe heam(
WHEREAS, undnrr'f:' lav:; (if thr
)rpus rl'lsti the Utll' Ie'll r
the co ni' er;~::nsl I'lal by rd lid
uf
tupt the
anc
no Citv '~~harter of the City of
pl"ShFn.sivc plan and amendments
WHEREAS. the; City CUU! H::jl has jetennined that tile amendment of the City of Corpus
hristi Pi?irk~. F<.ecreation: .{ Opel" .spaLe Master Pian, an elenlent of the
~Dmprehensive Plan of thp City of Ccnpus Christi. would best serve public health,
necessity and convenience and the \Jeneral welfare of the City of Corpus Christi and its
( .It!zens;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI TEXAS:
SECTION 1. That the Cornprehensive Plan of the City of Corpus Christi, Texas is
amended bv amending the City of Corpus Christi Parks, Recreation, & Open Space
r/laster Plan as amendedm ,June 2 . ?005), an element of the Comprehensive Plan of
niP City C.orpus Christi, I)y appriJvin~J the Osu Creek--Oso Bay Greenbelt, Parks &
rails System Master Plan as part of the Parks. Recreation, & Open Space Master Plan,
as amended on June 21. L005 A~opy of the 080 C:reek-Oso Bay Greenbelt, Parks &
Trails Systenl Master Plan IS on file vvith the City Secretary and a copy is attached.
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Page 2 of 3
parks and recreation services and the acquisition and preservation of open spaces
within the City. The City of Corpus Christi Parks, Recreation, & Open Space Master
Plan is a portion of the master and general plan of the City.
SECTION 3. That all ordinances or parts of ordinances in conflict herewith are hereby
expressly repealed Where any provision of this ordinance imposes standards or
restrictions different from those imposed by any other provision of any other City
xdinance rule. or regulation. the provisions of this ordinance shall control.
SECTION 4. 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. Therefore. if any section, paragraph, subdivision, clause, phrase,
word or provision of this ordinance shall be held invalid or unconstitutional by final
judgment of a court of competent jurisdiction, it shall not affect any other section,
oaragraph subdiVision, clause. phrase word. or provision of this ordinance.
C\(Do,lE' 03.06J'&ZORD03IC,-"'lp U'"ve!CJpPian ,+ 0811 DC "'menj Parf;Ma'!E' fO'anOsoCrk doc
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Page 3 of 3
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 E. Marez
Melody Cooper
Jesse Noyola
Jerry Garcia
Mark Scott
Wiltiam Kelly
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 E. Marez
Melody Cooper
Jesse Noyola
Jerry Garcia
Mark Scott
WilUam Kelly
PASSED AND APPROVED on the
day of_____. 2006.
ATTEST:
CITY OF CORPUS CHRISTI
Henry Garrett
Mayor
Armando Chapa
City Secretary
APPROVED AS TO LEGAL FORM 11 August 2006
~-
Doyle D. Curtis
Chief, Administrative Law Section
Senior Assistant City Attorney
For City Attorney
C:I(Dovle 03.06\P&.?OROO:JICcrnp DevekJo Pian" 't (J311 DC '\mend Par's Ma;ter Plan OsoCrk doc
29
~-..^-- -
CITY COUNCIL
AGENDA MEMORANDUM
August 22, 2006
AGENDA ITEM
Futn. f-jeann;l relatng to amending the City'S Comprehensive Plan by amending the
Masti~r Sanltarv Sewer Plan (Master Sanitary Sewer Plan for the Southern Portion of
CJ'l iliS hnst: Tex,.,s 1983 tile Master Plan fOI Sanitary Sewers 1963, and the 1965
[Vias!",,! Plan iur~;an tary Sewer~ in Flour Bluff) by repealing the portions of the master
p'al': covered by St ldy Areas 1 1/\ 3, & 4 and by approving and adopting the
Vvastewater Collection System Master Plan. Oso W.RP Service Area, Study Area 1
;::F'(' agma ~,~adre 'VWTP ServicEi\rea Study Areas 1A, 3& 4; and,
(if dlance anlencJinq the CAvs ComprehenSive Plan by amending the Master Sanitary
Sewer' Piai1 (Master '3anltan :3C:JV2: Plan for the Southem Portion of Corpus Christi,
1 exa,,; 1983 the Ma.,ter Pia:' tor ~)Cmltary Sevversi 963. and the 1965 Master Plan for
S::m:tary Sewer~ in Four BII Jtf, r; rescinding 'he pOltions of the master plans covered by
A'eas & L1 em) approving and adopting the Wastewater Collection
~',st,:;'l1 r\flash.: !::'iar Osu \fJ F: F' ':;ell/lce Ar'ea Study Areal and Laguna Madre WWTP
~
e \n,;n
"ew. 1
.SSUE:. it -lduotUI leJaslevvater COllection System Master Plan, Oso W.RP. Service Area,
idy Ari-.a araX.!I'::i rv :ldr8 ':v\VTP Service A.lea Study Areas 1 A, 3 & 4 addresses present
cj future- lei)pfllfc! 11.':'> .JdY~I-eds! 1.6. 3, and 4 by prOViding an update to the existing master
::lilS j'18 mdl:JiH2nt to henaster Dlans is part of the City Cornprehensive Plan subject to
)unc'l ; ,,;[>r 'v,,
RECOMMENDATION Sta!l recullllTler'ds approval of the ordinance as presented.
if. i . /4
~_(, l'ttICct4.J__ ___
Mich~el N (Junning ;'\ICP
tlng Opec tf Jr if [je )if~lcprr::nj Service~,
ngel R Escobar, P.E.
Director of Engineering Services
\itachment
Exhltlit P, Background Inforrnat!on
Exhibit B - Study Area 1 Existing and Proposed Master Plan Boundaries
Exhibit C -- Study Area 1A EXisting and Proposed Master Plan Boundaries
Exhibit D - Study Area 3 Existing and Proposed Master Plan Boundaries
Exhibit E - Study Area 4 Existing and Proposed Master Plan Boundaries
~_.._-
AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMA liON
SUBJECT: Amendment to the Master Sanitary Sewer Plan (Master Sanitary Sewer Plan for the
'::;outhern Portion of Corpus ( hristl Texas 1983, the Master Plan for Sanitary Sewers 1963, and the
965 Master Plan for Sanitar y Sewers in Flour Bluff) and adoption of the Wastewater Collection
':;ystem Master Plan, ()so W I~p Service tvea, Study Area 1 and Laguna Madre WWTP Service
""rea Study A.reas 'J A 3 & 4
BACKGROUND:fI18 Ci1 re:~og!llzed 3 need for additional wastewater master planning in
esponse to subdivlsioq developrnem occulTing in the southern area of the City and Flour Bluff. In
esponse to the need for master planning the City contracted with Brown and Caldwell Inc. to
I,repine rnaster plans for twelve selected areas of the City. The first master planning effort
omplete(j by Brown and Caldwell was for Sewer Planning .Area 30 (SPA 30). The current master
i ,ianning effnn is for Study Areas A '3 and 4.
he objective of the Master Plan IS to provide a wastewater management system that will meet the
'"eeds of Study Areas 1 1,6 3. and 4 throughout interim development and final build out. The
malysls of Study Areas! 1,6 3, and 4 addressed the proposed and existing lift stations in the Study
"reas. coverage of the servic 8 area boundaries, review of the service area boundaries, and intensity
f development consistent with the adopted land use master plan.
)ifferences [)etween 'he exi~.ting na.:;te! pi31" ane! the pi"oposed master plan are shown below:
. The service area OOlldarles ill t!~le proposed master plan are more clearly defined.
. The 'tye; Adopted F .ture..aiHi lJSf' plan (2U05) was incorporated into the proposed master
plan
. The C::ltys 2003 L1D,L\R eievation data was Incorporated into the proposed master plan to
more cor: ectlvepresent each sub.r)asin's topography
fhe final deliverable for Brown and Caldwell's analysis of Study Areas 1, 1 A, 3, and 4 includes a
wastewater collection systen i master pian and associated land use and planning maps that show
the recommended wastewater collection system improvements for each Study Area,
=>ianning Commission recommended adoption of the proposed amendment at the regularly
scheduled meeting on August 9. 2006.
~.-
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STUDY AREA 1
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1363 MASTER PLAN
BOUNDARY
1 983 MASTER PLAN
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Wastewatel Collection ::Iy'stem Master Pian,
Oso W.R.P. Service Area, Study Area 1 and
Rguna Madre WWTP Service Area
Study Areas 1 A, 3 & 4
II Exhibit B II~
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:,)U III lvii'
-----".
Exhibit E
II.
~
Page 1 of 3
AN ORDINANCE
AMENDING THE CITY'S COMPREHENSIVE PLAN BY AMENDING THE
MASTER SANITARY SEWER PLAN (MASTER SANITARY SEWER
PLAN FOR THE SOUTHERN PORTION OF CORPUS CHRISTI, TEXAS
1983, THE MASTER PLAN FOR SANITARY SEWERS 1963, AND THE
'1965 MASTER PLAN FOR SANITARY SEWERS IN FLOUR BLUFF)
AND RESCINDING THE PORTIONS OF THE MASTER PLANS
COVERED BY STUDY AREAS 1, 1 A, 3, & 4, AND BY APPROVING
AND ADOPTING THE WASTEWATER COLLECTION SYSTEM
MASTER PLAN, OSO W.R.P. SERVICE AREA, STUDY AREA 1 AND
LAGUNA MADRE WWTP SERVICE AREA STUDY AREAS 1A, 3 & 4;
PROVIDING FOF' SEVERANC'E: PROVIDING FOR. PUBLICATION
WHEREAS, the P!annin I C>,mr:liSSiO has forvv81"ded to the City Council its reports and
:ecommendations concf"nlnq trie cldoption of the WastE~water Collection System Master
Plan OsoW R P >3erviie Area St /A.rea land Laguna Madre WWTP Service Area
:;tudv Areas A rj ..~l'
WHEREAS, with propel 'lotlceu tn(~ public, public hearings were held on Wednesday,
t~ugust 9, 2006 during c meeting of tile Planrmlg C::ommission, and on Tuesday, August
2006. cJurmn a (neet:19 tr'E ( Council t, the CiJUncr! Chambers, at City Hall, in
Ple C:ity c: CurrlUS (;rlrl~ 1Ir!(l )1([, all intert;sted persons were allowed to appear
nd tie 'IEard aele
WHERFA~ t'1~ ( ,1
"ealth,lP(~essiry, ]
hristi an' its
)ri\' !'ir"''')! nrl th
II/auld best serve publiC
NP,lfmc~ of the City of Corpus
(I.. I>~\" 1 ;-1
NOW, THEREFORE, BE. IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI TEXAS
SECTION 1. That the CAys C:cynprehensive Plan is amended by amending the Master
Sanitary Sewer Plan, ad)pted July 27 1983 by Ordinance No. 17743 (Master Sanitary
Sewer Plan for the Soutrlern POl1ion of Corpus Christi, Texas 1983, the Master Plan for
Sanitary Sewers1963,md thE.' Master Plan for Sanitary Sewers in Flour Bluff) by
rescinding the portions 0 the Master Plans covered by study areas 1, 1 A, 3 & 4 and the
\/Vastewater Collection System Master Plan, Osc W RP. Service Area, Study Area 1,
and Laguna Madre VI/\!\ TP Service ,~rea Study Areas 'j A 3 & 4 are approved and
3dopted dnd 'nade a pelt oj thE- CJlnprehenslve Plan of the City of Corpus Christi, as
::;tlOwn !rlLJ.,ttachment 1vhlCtl IS attached to and incorporated into this ordinance. A
opy of \!\/astevvate: ColiecUor ~;ystelTl Master Plan, Oso W,RP, Service Area,
::;tudy Area 1. and la~]UI1 Mad!:::; VI/\/\/TP Service Area Study Areas 1 A, 3 & 4 is on file
Nlth the Secreta
_EG-DIR Ui'H'!S\qd!YVSJ(iellda'2!6\Ch.',; ('r-L~!'IP!1r;~JlasterP!?i-,11 & 4
........'-
Page 2 of 3
SECTION 2. That any ordinance or part of any ordinance in conflict with this ordinance
s expn"!ssly p;pea1erl by this ordinance
SECTION 3 ThE~ C~it\ Council Intends that every section, paragraph, subdivision,
'Iause phrase, word or provision of this ordinance shall be given full force and effect for
Its purpose. fherefore, If any section, paragraph, subdivision, clause, phrase, word or
urovision of this ordinance is held invalid or unconstitutional by final judgment of a court
')f competent jurisdictiori, that judoment shall not affect any other section, paragraph,
'3ubdivision. clause phrcise, word or provision of this ordinance.
SECTION 4. Publicatioi! shall be made in the official publication of the City of Corpus
,hristi as required by the City Charter of the City of Corpus Christi.
l~EG-:::JIRC)ar\ws\gary\vs\JqencJa\2.)6\08-;)2()rd-an1elldMasterPlan1 1 3 & 4.doc
~.-"i4'I'
Page 3 of 3
fhat the foregoing ordirance was read for the first time and passed to its second
readino on this thE
day of
2006. by the following vote:
Henry Gnrrett
Rex A Kinnison
Brent ( . hAsm~y
john Marez
Melody Cooper
Jesse Noyola
Jerry (-iarcla
Mark Scott
Rill Keliv
That the foregoing ordindnce was reael for the second time and passed finally on this
Ihe
da'.; of
2006 hy the following vote:
Henry c:;arreti
Rex ,1\ Kinnison
Brent Chesm'y
John Marez
'\l1elod\ C'~ioper
Jesse Noyolc
lerry c,;;w~a
rk Scott
Bill f<eliv
PASSED AND APPROVED. this the
day of
,2006.
.'4, TTES r
4rmando Chapa
'=;ity Secretary
- .
Henry Garreti
Mayor
L\PPROVEDAu~Just 1 f 2006
~---
.L\ssistant City Attorney
tor City Attorney
'LEG-DIR.g,w/wsqar/ws ageilda.,)06.(ifj-22 OrdWkndMasterP'an; i\. & 4doc
30
CITY COUNCIL
AGENDA MEMORANDUM
CIty CouncIl Action Date: Au!!:ust 22. 2006
AGENDA ITEM:
a) Public heanng to consider amending the ordinance to include additional arterial roadways,
specifically Northwest Blvd (FM 624) and FM 1889 in Section 33-1.02.07 of the Zoning
Ordinance to be revIewed WIth collector street standards in regards to signs.
b) DIscussion and consideration of options amending Section 33-1.02.07 of the Zoning
Ordinance to include Northwest Blvd (FM 624) and FM 1889 as arterial roadways to be
revlewed WIth colle\.'tor street standards pursuant to Section 33-1.02.
c) Public heanng to c,msider amendIng the ordinance to delete McArdle Road of Section 33-
1 02.03 to be reviewed with collector street standards in regards to signs.
d) Ordinance amending Section 33-1.02.07 of the Zoning Ordinance to delete McArdle Road to
be reviewed with collector street standards pursuant to Section 33-1.02.
BACKGROUND:
On Apnl 11. 2006, C'Ity Council adopted sign amendments to the Zoning Ordinance. The 2006 sign
amendment elIminated the height, area, and number of signs based on zoning districts and now
regulates SIgnS based on a sign fronting an arterial or collector roadway. There is currently a
prOVIsion WIthin the sign amendment to treat arterial roadways as collector streets if those arterial
roadways have residential characteristics. CIty Council requested staff to review arterial roadways in
the Northwest Area for inclusion to the artenal roadways list to be treated as arterials with residential
charactenstIcs, specifically, Northwest Boulevard (FM 624) and FM 1889. The following segments of
Northwest Boulevard (FM 624) and FM 1889 were reviewed for inclusion:
· Northwest Boulevard (FM 624) being included (Exhibit 18A, l8B) -along the south right-of-
\Va\ frontage from East RIveniew Dr west to City limit lme and on the north and south right-
of-way frontages from River Hill Dr. \vest to East Riverview Dr.
· FM J 889 being Included (ExhIbit 17) along the east right-of-way frontage ofFM 1889 from
Northwest Boulevard (FM 624), south to City limit line and along the west right-of-way
frontage at FM 1 R89 from Northwest Boulevard (FM 624) south to City limit line.
Additionally, review also Included McArdle Road from Holmes Drive to Dorthy Drive (Exhibit 16) to
not be treated as a collector due to the commercial adjacency (shopping centers) along this section.
'........ -,"""'
Collector standards versus arterial standards are identified below:
Arterial
Single Tenant Freestanding Sign:
. Sign Area: 200 square feet (maximum)
· Sign Height: 40 feet (maximum)
Collector
Single Tenant Freestanding Sign:
· Sign Area: 64 square feet (maximum)
. Sign Height: 20 feet (maximum)
Muld-Tenant (3 or more Tenants)
Freestanding Sign:
. Sign Area: 500 square feet (maximum)
· Sign Height: 50 feet (maximum)
Multi-Tenant (3 or more Tenants)
Freestanding Sign:
· Sign Area: 250 square feet (maximum)
· Sign Height: 32 feet (maximum)
The Ad Hoc Sign Committee reviewed the segments of the above mentioned roadways on June 15,
2006 and decided that such roadways should continue to be treated as major roadways because they did
not have residential characteristics within the reviewed segments.
REOUESTED CITY COUNCIL ACTION:
Approval of Planning Commission recommendation.
AD HOC SIGN COMMITTEE AND PLANNING COMMISSION RECOMMENDATION:
The Ad Hoc Sign Committee and Planning Commission reviewed the following segments of Northwest
Boulevard (FM 624), FM 1889, and McArdle Road and recommend the following amendment to the
zoning ordinance for these specific artenal roadways in Section 33-1.02.07 to be regulated by collector
sign standards:
Denial of inclusion:
· Northwest Boulevard (FM 624) (Exhibit 18A, 18B) -along the south right-of-way frontage
from East Riverview Dr. west to City limit line and on the north and south right-of-way
frontages from River Hill Dr. west to East Riverview Dr.
· FM 1889 (Exhibit] 7) - along the east right-of-way frontage of FM 1889 from Northwest
Boulevard (FM 624), south to City limit line and along the west right-of-way frontage of FM
1889 from Northwe~t Boulevard (FM 624) south to City limit line.
AQproval of deletion:
· McArdle Road (Exhibit 16)- east from Holmes Street to Dorthy Drive
S'IAPF RECOMMENDATION:
Staffs reVIew of the future land use map for the Northwest Area concluded that the following roadway
segments of Northwest Boulevard (Exhibit 18A, 18B) and FM 1889 (Exhibit 17) will have commercial
development with potential residential development located in the rear of commercial properties along
these roadways. Therefore, these potential residential properties may be impacted by the sign standards
currently allowed for arterial roadways, which consist of greater sign areas and heights.
Staff recommends the following text amendment to the zoning ordinance for specific arterial roadways
m Section 33-1.02.07 to be regulated by collector sign standards:
H:\PLN-DIR\SHARED\GAIL'WORD\ fextAmendmentlSign Text AmendmentlSign Text Amendment 082206 alt 3.doc
......-,"""'.
Approval of inclusion
· Northwest Boulevard (FM 624) (Exhibit 18A, 18B) -along the south right-of-way frontage
from East Riverview Dr. west to City limit line and on the north and south right-of-way
frontages from River Hill Dr. west to East RivervIew Dr.
· FM 1889 (ExhIbit 17) ~ Along the east right-of-way frontage of FM 1889 from Northwest
Boulevard (FM 624), south to City limit line and along the west right-of-way frontage of FM
1889 fl'om Northwest Boulevard (FM 624) south to City limit line.
· McArdle Road (ExhibIt 16) East from Holmes Street to Dorthy Drive
Sincerely,
~AI~
Michael N. Gunning, AICP
Acting Director .of Development Services
MO/FGM/sm
A,ac'ments:
1) Planning Commission Minutes (7/26/06)
2) Street Map Exhibits
3) Ordmances
H:\PLN-DJR\SHARED\GAIL'WORD\ rextAmendment\Sign Text AmendmentlSign Text Amendment 082206 aIt 3.doc
.......'-
MINUTES
REGULAR PLANNING COMMISSION MEETING
Council Chambers- City Hall
Wednesday - July 26, 2006
5:30 P.M.
V. SIGN ORDINANCE - ZONING TEXT AMENDMENT TO INCLUDE ADDITIONAL
ARTERIAL ROADWAYS TO BE REGULATED BY COLLECTOR SIGN STANDARDS
Shannon Murphy presented a summary of the SIgn ordinance that the City adopted on April 11, 2006.
Mrs. Murphy stated that, within the sign amendment, there is a provision to treat arterial roadways as
collector streets if the artenals have residential characteristics. Per a request from City Council, Staff has
reviewed the area of Northwest Boulevard (FM 624) and FM 1889 and proposes that these arterial roads
be treated as collector roads for signage. Also proposed in this amendment is the revision to identify the
area ofMc Ardle Road (between Holmes and Dorothy Drive) as an arterial road due to the commercial
businesses located m this area. The Adhoc Committee reviewed the areas (FM 624 and FM 1889) on
June 15, 2006 and has opposed the proposal. The Committee is in agreement with Staff on the McArdle
Road area Staff recommends approval of Northwest Boulevard (FM 624) and FM 1889 to be listed as a
collector road for sIgnage purposes and deletion of McArdle Road (between Holmes and Dorothy Drive)
to be lIsted as an arterial road.
In answer to CommiSSIoner Zamora's question, Faryce Goode-Macon stated that the reason the
Adhoc Committee was not III favor of the amendment regarding Northwest Boulevard (FM 624) and FM
1889 is that, In theIr findings, the streets did not provide a sufficient residential character to warrant
identifying them as a collector road. The Committee made comparisons to streets such as Saratoga
Boulevard which the Committee felt was similar in nature, but not treated as collector roads.
Staff's recommendation was, after review of the area, that FM 624 at the intersection of East River View
Dnve, had charactenstIcs of residentIal even though the area is not totally built up at this time. The
Adhoc Committee for this area believed the future corridor should be treated more commercially.
In answer to James Skrobarczyk's question, Mrs. Murphy stated that the Saratoga area is treated with
arterial standards.
In answer to CommiSSIOner Salazar question, Ms. Goode-Macon stated that the comprehensive master
plan identifies FM 1889 as low density residential and FM 624 from River View Road towards Carousel
charactenstic of low density residential WIth the comers showing more commercial development.
PublIc hearing was opened.
David Loeb (Adhoc Sign Committee member), 921 N. ChapalTal, Corpus Christi, Texas stated that
one of the main reasons the sign ordinance was revised resulted in a request from Planning Commission
that zoning requests not be granted for the sole purpose of obtaining better signage. This was one of the
reasons the Committee tied signage to the SIze of the street. Mr. Loeb stated that Northwest Boulevard
(pM 624) has a sixty (60) mile per hour speed limit. Zoning was reviewed along FM 624 which is zoned
primarily business with the comprehensive master plan identifying this area as commercial. The
Conm11ttee made then- SIgn determmatlOns hom what was currently 111 place, not what was predicted for
the future area. Their finding was also limited to the street in question.
~"'-"""
Planning Commission Minutes
July 26. 2006
Page Two
In answer to Commissioner Salazar's question, Mr. Loeb stated that larger signs are accommodated
due to the increased speeds. Regarding FM 1889, the road is expected to be widened with the main
corndor originating north from Robstown based on the transportation plan.
In answer to Commissioner Skrobarczyk's question, Mr. Gunning stated that from FM 624 there will
be a road going east to west at the location of CR 42 located further south which will avoid the
commercial area of FM 624 and then WIll tie back into FM 624 further west. The ETJ plan does call for
the better part of FM 624 to be resIdential development. FM 624 is designated as an existing arterial
showmg some eXlstmg commercIal and future commercial to continue but the focus should be
commercial entities to develop between the arterial mtersections.
IJavld Loeb stated that the CommIttee's definition of "residential character" was an area with homes
built on both sides of the street and the Commi ttee' s determinations were based on not what it future
planning or zoning but what the current area is now.
('amm Dougherty, 2306 Mercury, Corpus ChrIStI, Texas presented a slide presentation reviewing the
area of FM 624 and stated that there is no development located on the south side of FM 624. There are
approximately seven (7) residents on the north side with no residents located on the south side. Ms.
Dougherty further stated that a forty (40) foot sign which is deSIgnated for arterials will not hinder any
residentIal developments that abut agams1 commercial development.
CommiSSIOner Pusley stated the possIbility that a community such as the northwest area may not be
developed but the intent may be to encourage a certain type of development.
DaVId Loeb stated that one optIOn t()r the area In the future would be to do an overlay.
V Ice-Chairman Garza stated that what is located currently is what decides how an area is going to be
developed and this area is a major arterial and is gomg to consist of commercial use. I don't believe this
area should be downgraded.
PublIc heanng was clnsed.
MotIon was made by CommiSSIOner Braselton and seconded by Commissioner Skrobarczyk to
approve the Adhoc Sign recommendatIOn and opposing regulating FM 624 and FM 1889 with collector
sign standards and recommendation of McArdle Road from Holmes Drive to Dorthy Drive be treated as
an artenal. Motion passed unammously WIth CommISSIOner Pusley voting no.
~'-~,
Arterial Regulated with Collector Sign Standards
Legend
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Note: Collector Sign Standards to be applied
along the east right-of-way frontage of F111889 from
Northwest Blvd.south to city limit line.
MEllI
Note: Collector Sign Standards to be applied along west
right~.y frontage of FM 1818 from Northwest Blvd. south to city limit line.
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Note:CoIIIctor Sign Standards to be Wiled along south
right~f-wly fNHrtage of Northwest Blvd. fIom East Rlverview Dr.
west to city limit line.
CityImft lhl
Legend
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- Sub. steet Section
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:SOurce; _partment of Development Services
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Note: Collector Slgn.standards to be applied
along the north and south right-of-way street frontages of
Northwest Blvd.from RIver Hill Dr. west to East RlvfH'Vlew Dr.
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Note; CoIector Sign Standards to be _ied along south
right-of__y frontage of Northwest Blvd. from East Riverview Dr.
west to city limit line.
Citylmil Line
Legend
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i._.J City Limit Boundary
- Subjlct Street Section
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Source: DeP41ttment of Development Services
H:PLN-DIR\8HAREDlGISPmJects\Speclel ProIe<lsI8tgn & l\In!ets.mxd
1JII/f1JA/6 SRR
AN ORDINANCE
AMENDING THE SECTION 33-1.02.07 OF THE ZONING ORDINANCE
TO DELETE MCARDLE ROAD AS AN ARTERIAL ROADWAY TO BE
REVIEWED WITH COLLECTOR STREET STANDARDS IN REGARDS
TO SIGNS; PROVIDING FOR SEVERANCE; PROVIDING A PENAL TV;
PROVIDING FOR PUBLICATION; PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, on April 11, 2006, City Council adopted amendments to the sign
regulations in the Zoning Ordinance, including the treatment of certain arterial
roadways as collector streets based upon the residential characteristics of the
neighborhoods adjacent to the roadways;
WHEREAS, the Ad Hoc Sign Committee, consisting of representatives from
stakeholder groups proposed the deletion of McArdle Road from Holmes Drive to
Dorthy Drive in this category of arterial roadways;
WHEREAS, the draft regulation was reviewed by the Planning Commission on July
26, 2006; and
WHEREAS, with proper notice to the public, public hearings were held on
Wednesday, July 26, 2006, during a meeting of the Planning Commission, and on
Tuesday, August 22, 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 regulations proposed shall apply only to signs that communicate to
the off-premise public;
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, THAT:
SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is
amended by revising Article 33, SUPPLEMENTAL SIGN REGULATIONS, PERMITS,
PLATS AND FILING FEES, Sections 33-1.02. as follows:
ARTICLE 33. SUPPLEMENTAL SIGN REGULATIONS, PERMITS, PLATS AND
FILING FEES
*
*
*
33,,1.02
FREESTANDING AND WAll SIGN.
H :\L EG-DIR\Shared\Gar;S\age r,da \2006\08-2 ilZ ngOrdT xAdmntSigns McArdle on Iy.doc
,......... ....~
*
*
*
33-1.02.07 Signage for single or multi-tenant uses located along
arterial street sections with residential proximity is regulated by
collector sign standards. Arterial street sections regulated with
collector street standards are as follows:
North to South Arterial (right-of-ways)
· McKinzie Rd. - from Atlanta St. south to the north side of Stonewall Blvd.
(Exhibit 8)
· Rand Morgan Rd. -- from Up River Rd. south to the north side of Wilkins St.
(Exhibit 9)
· Greenwood Rd. - from Lawton St. south to the north side of Gollihar Rd.
(Exhibit 3,4& 10)
· Weber Rd.- from McArdle Rd. south to the north side of Delphine St.
(Exhibit 4 & 11)
· Everhart Rd. - from Avalon S1. south to the north side of Jacquelyn Dr.,
from Janssen Dr. south to the north side of Mt. Vernon Dr., Shadowbend Dr.
south to Oso Pkwy. (Exhibit 5,12 & 13) & (Exhibit 7B & 12)
· Airline Rd. - from Gregory Dr. south to Belmeade Dr. and Wooldridge Rd.
south to Sandra Ln. (Exhibit 5,12 & 13) & (Exhibit 13 & 14)
· Cimarron ReL - from Dunbarton Oak Dr. to the north side of Cimarron Lake
Dr. (Exhibit 13 & 14)
· Waldron Rd .- from Don Patricia south to the north side of Caribbean Dr.
(Exhibit 1 5)
East to West Arterial (right-of-ways)
· Ocean Dr IShoreline Blvd - from Resaca St. east to the west side of Country
Club Dr (Exhibit1A) (Exhibit 1B), (Exhibit 1C) & (Exhibit 10)
· Alameda St. - from Angel Ave. to the west side of Brawner Pkwy. (Exhibit 2)
· Horne Rd - from Old Brownsville Rd. east to west side of Cross-Town
Expressway (Exhibit 3,4 & 10) & (Exhibit 4)
· Gollihar Rd. - from Greenwood east to the west side of Vestal St., Kilgore
St east to the west Side of Southwood St. Randall Dr. east to the west side
of Sequoia St and Dody Sf. east to the west side of Marie St. (Exhibit 3,4
&10), (Exhibit 4) & (Exhibit 4 &11)
--.Mc/\rdlo Rd. from. Holmcs Dr. OJct to thc wost sida of Dorthy Drivc.
(Exhibit .i%~
· Holly Rd. - from the east Side of (driveway entrance) at 3338 Holly Road
east to the west side of Carroll Lane and Nelson St. east to the west side of
South Staples Street. (Exhibit 6A) & (Exhibit 13)
· \Nilliams DriVE - 'Nest side Bk. 1 It q & 8k 14. L.t11 to the east side of
Bk 4. Lt1::, & Bk 11 U.1 '3 Gardendale SubdiviSion (Exhibit 68)
H :\lEG-D iR' Snau}d\<3ar; S'agenrJa\20CJ6\0-3.22\Z n]OrdTxAdmntSlgns McArdle only doc
.....,. -.-
· Yorktown Blvd. - from Weber Rd. east to the west side of S. Staples St.,
Briecesco Dr. east to the west side of Annemasse St., and Casa Blanca Ct.
east to the Laguna Madre. (Exhibit 7 A), (Exhibit 7B & 12), (Exhibit 7C) &
(Exhibit 70)
*
*
*
SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase,
word or provision of this ordinance shall be held invalid or unconstitutional by final
judgment of a court of competent jurisdiction, it shall not affect any other section,
paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is
the definite intent of this City Council that every section, paragraph, subdivision,
clause, phrase, word or provision of this ordinance be given full force and effect for its
purpose
SECTION 3. 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 4. 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 5. This ordinance shall take effect upon and after publication of this
ordinance.
ATTEST CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
-
Henry Garrett
Mayor. City of Corpus Christi
APPROVED: August 16, 2006
G ry . Smith
Assistant City Attorney
For City Attorney
H :\L EG- 01 R\Shared\GarySlagenda\2006\08-22\ZngOrdT xAdmntSigns McArdle only.doc
"......." .-.....' -,,,
Corpus ChristL Texas
_"_m_ 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
CounCil Members
Respectfully,
Henry Garrett
Mayor, City of Corpus Christi
The above ordinance Nas passed by the following vote:
Henrv Garrett
Brent Chesney
Jerry Garcia
John Marez
William Kelly
Jesse Noyola
Rex Kinnison
Melody Cooper
Mark Scott
H:\L E G. DI '\3 hared\C;a ryS \ag"':nda'2 )00J l8. 2i'\ZnqOrdTxAdm ntS IlJns McArdle only doc
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AGENDA MEMORANDUM
PUBLIC' HEARING ZONING (City Council Action Date: 8/22/06)
CfSe No. 0606-08. Access Properties. Ltd.: A zoning change from a "T-IB" Manufactured Home Park
District to a "B-4" General Business District for Tract I; and an "1-2" Light Industrial District for Tract
2. Tract] being 8.84 acres out of 1".82 acres; and Tract 2 being 9.35 acres out of 27.82 acres, both in
FarIas Grant out of Luby Tract 6 Abstract 592. located at the intersection ofCR 52 and US Hwy 77.
Planninl! Commission and Staff's Recommendation (6/28/06): Approval of the "B-4" General
Business District for Tract] and approval of the "1-2" Light Industrial District for Tract 2.
RIouested Council Action: Approval of the "B-4" General Business District for Tract I and approval
of the "1-2" Light Industrial District for Tract 2.
Pumose of ReQuest: 1'0 allow auto repair shops and outside storage for contractors.
Suamarv:
· The applIcant is requesting a change of zoning for 18.19 acres out of a 27.82 acre tract from a
"T -1 B" Manufactured Home Park District to a "B-4" General Business District for Tract I and
an "1-2" I ,Ight IndustrIal District for Tract 2.
· The subject property is bemg subdlVided out of a 27 .82 acre tract of Farias Grant out of Luby Tract 6
Abstract 592 and IS currently undeveloped. It is located on US Highway 77 at the intersection with
County Road 52.
· The applJcanr proposes a itght mdustrIal subdiviSIOn wIth lots at one to two acres for the use of small
contractors (such as plumbing and electrical) and auto repair shops. The auto repair shops would be
located m the requested "8-4" District and the contractors' shops would be located in the requested
"1-2" District. The applicant IS requesting "1-2" for the property m the rear for the purpose of
allowmg outSide storage fl)r plumbmg and electrical contractors
· The "8-4" District provides for all types of commerCial and miscellaneous service actIVItIes,
particularly along certain existmg major ~;treets where a general mixture of commercial and service
actiVIty now eXists. The '(-2" District is Intended for light manufacturing, fabricating, warehousing
and wholesale distYlbuting in high Dr ]0\\ huildings and also permits outside storage that is screened
from \Iew from the at-grade publIC rIght-ot-way
· County Road 52 wlil be extended into the subject property. Cunently the alignment proposed by the
applIcanl differs ii'om the locatIOn shown on the Urban Transportation Plan and will need to be
recognized on the plat County Road 52 IS a recommended arterial street with an ultimate 100' right-
of-way, !<lUr travel lanes and a landscaped median. The Urban Transportation Plan states the purpose
of a secondary artenal as provldmg citYWide traffic mobility but functIons at a lower level and places
more emphaSIS on land access The pnmary functIon of arterials is to provide efficient movement.
Traffic generated f)-011l thi~ project would have direct access to County Road 52.
· Properties Immediately adjacent to the north and northwest of the subject property are zoned "B-4"
General Busmess District and "F-R" Farm-Rural District. The properties to the east and northeast
are zoned "F-R" Farm-Rural Distnct The property to the south is zoned "T-IB" Manufactured
Home SubdiVIsion The current zoning to the west IS "B-4" General Business District.
Ageada Memorandum
Case No. 0606-08 (Access Properties, Ltd.)
Page Two
The subject property IS currently vacant. Staff is reviewing the adopted future land use mobile home
desilnation in the area. Light industrial land use is being considered as an alternative due to proximity to
US Highway 77 (NAFTA corridor) and the area's isolation from adjacent properties due to a CP&L
easement and drainage easement to the north, railroad line to the east, and US Highway 77 to the west.
On February 18, 1998, the Planning ConllUlssion approved a zone change on this property from "F-R"
Farm-Rural District to "T-IB" Manufactured Home Park District. The only portion developed with a
manufactured home park is immediately to the south of the subject property.
Notfication: Of the nine (9) notices mailed to the surrounding property owners, zero (0) were returned
III favor and zero (0) were returned in opposition. The 20% rule is not invoked. This case is not
considered controversial.
r
Michael . G ing, AICP
Acting Director of Development Services
MGIfGM/blp
Att_hm.ents:
1 Zoning Report
2 Planning Commission Minutes (6/28/06)
) Ordinance
H:\PLN-DIR\SHARED\BeverlyI2006 CC June\0606-08 AGENDAMEMO.doc
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CITY COUNIL
ZONING REPORT
Cale No.: 0606-08
Planing Commission Hearing Date: June 28,2006
I
~ I. 'Applicant: Access Properties, .Ltd.
- . Owner: same as Applicant
5 J. Agent: Bass & Welsh Engmeering
:a...;l ~ Legal Description/Location: Tract I: Being 8.84 acres out of 27.82 acres and Tract 2: Being
c.. ~ 935 acres out of 1".82 acres, both m Farias Grant out of Luby Tract 6 Abstract 592, located at
~ i the intersection ofCR 52 and US Hwy 77.
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! From: ''T-IB'' Manufactured Home SubdivISIOn
I To' Tract 1 "B-4" General Business District and Tract 2: "1-2" Light Industrial District
I Area: 18.19 acres
! Purpose of Request: To allow auto repaIr shops and outside storage for contractors.
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. Zoning
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i Site "T-IB" Manufactured Home
i SubdivIsion
j . -- - -I .---- ---
North 1 "F-R" Farm-Rural
I>Istnct"B4" General
! Busmess Dlstnct
---.-1
South "T-IB" Manufactured Home
, SubdivIsion
I -------.-
"F-R" Farm-Rural DIStrict
Existin2 Land Use Future Land Use
Vacant Mobile Home
-- ---. -
Drainage & electrical Drainage corridor!
transmission/ Vacant Commercial
-----.--
I Manufactured home park Mobile Home
fvm-.....
Vacant Drainage corridor/Mobile
Home
..j US Highway 77/Auto .. US Highway
_ dealership ___ _ __~_ 77!Commercial
--
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West "8-4" General Business
DistrIct
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Area Development Plan: Northwest- The future land use map encourages large-scale
commerCIal uses on both sides of US 77, north of Robstown.
Map No. 0660491/066050
Zoning Violations: None
Zoning Report
Case No. 0606-08 (Access Properties, Ltd.)
Page 2
. The applicant is requesting a change of zoning for 18.19 acres out of a 27.82 acre tract from
"T -1 B" Manufactured Home Subdivision to "B-4" General Business District for Tract 1 and
"1-2" Light Industrial District for Tract 2.
. The subject property is being subdivided out of a 27 .82 acre tract of Farias Grant out of Luby
Tract 6 Abstract 592 and is currently undeveloped. It is located on US Highway 77 at the
intersectIOn with County Road 52.
. The applicant proposes a light industrial subdivision with lots at one to two acres for the use
of small contractors (such as plumbing and electrical) and auto repair shops. The auto repair
shops would be located in the requested "B-4" District and the contractors' shops would be
located in the requested "1-2" District. The applicant is requesting "1-2" for the property in
the rear for the purpose of allowing outside storage for plumbing and electrical contractors.
" . The "B-4" District provides for all types of commercial and miscellaneous service activities,
I particularly along certain existing major streets where a general mixture of commercial and
I servIce activity now exists. The "1-2" District is intended for light manufacturing,
~ fabricatmg, warehousing and wholesale distributing in high or low buildings and also permits
~ outside storage that is screened from view from the at-grade public right-of-way.
.
WI
rJ). . County Road 52 will be extended into the subject property. Currently the alignment
proposed by the applicant differs from the location shown on the Urban Transportation Plan
and will need to be recognized on the plat. County Road 52 is a recommended arterial street
with an ultimate 100' right-of-way, four travel lanes and a landscaped median. The Urban
Transportation Plan states the purpose of a secondary arterial as providing citywide traffic
mobility but functions at a lower level and places more emphasis on land access. The
pnmary function of arterials IS to prOVIde efficient movement. Traffic generated from this
project would have direct access to County Road 52.
. Properties mnnediately adjacent to the north and northwest of the subject property are zoned
"B-4" General Business District and "F-R" Farm-Rural District. The properties to the east
and northeast are zoned "F-R" Farm-Rural District. The property to the south is zoned
"T-IB" Manufactured Home Subdivision. The current zoning to the west is "B-4" General
Business Distnct.
I
~-----
I County Road 52
I
! US Highway 37
----~
j
_0',_- :
Type Paved Section Volume
i i (2001)
Arterial I Proposed 100 feet 60 A.D.T.
i
! Freeway ! 400 feet width (pavement 30,110 A.D.T.
L-.-_....___..._... , varies)
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s::.a I The subject property is not platted. Platting is required prior to development ofthe property.
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Zomng Report
Case No 0606-08 (Access Properties, Ltd.)
Pille :3
.... .:l
II
au
: The subject property IS currently vacant. Staff IS reviewing the adopted future land use mobile
home designatIOn III the area. L1ght industrial land use is being considered as an alternative due to
; proximity to US HIghway 77 (NAFTA corridor) and the area's isolation from adjacent properties
I due to a CP&L easement and dramage easement to the north, railroad line to the east, and US
, Highway 77 to the west.
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Approval of the "B-4" General Business District for Tract 1 and approval of the "1-2" Light
Industrial DIstrIct for Tract ::'
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o~ .. ; I Approval of the "BA" General Business District for Tract 1 and approval of the "1-2" Light
~ I J:l I Industrial DIStrIct for Tract 2.
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-= ~ I Number of NotIces Mailed: 9
a.~ I Favor: 0
S - i OppOSItion: 0
o ~ ,
U 0:: I (As of June 28, 2006!
Attachment Zoning Map
H' \PLN-DIR ISH ARED\Beverly\2006 PC\ZONRPTS\June\CC REPOR TS\0606-08 CC Report.doc
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SCOGIN TRACT
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T-1B
HERITAGE WEST
HERITAGE WEST
06/12/06 SRR
Case Z0606-0S
Zoning Map
F-R Farm Rural Dislrict
R-TH Townhouse Dwelling District
B-1 Neighborhood Business District
B-1A Neighborhood Business District
1-2 Light Industrial Dlslrlcl
1-3 Heavy Industrial Dlslrlct
SP Special Permll
PUD Planned Unll Development
RE Residential Estate District
RA One Family DwwIIlng District
R-, A One Family DWlIIllng District
R.2 Mulllple Dwelling District
T-1A Travel Trailer Park Dislrlct
B~2A Barrier Island Business District
T-1B Manufactured Home Park District
B-2 Bay/ront Business District
R-' B One Family DwwIIlng District
R-le One Family DwwIIlng District
T-le Manufactured Home Subdivision District
A -1 Apartment House District
A.1A Apartment House District
A-2 Apartment House District
BD Corpus Christi Beach Design Dlsrict
HC Historical-Cultural Landmark Preservation
B-3 Business District
N
A
City of Corpus CitJristl, Texas
B-4 General Business Oistrlct
B-5 Primary Business District
AT Apartment-Tourist District
AS Professional Office District
B-6 Primary Business Core District
!^1 Limited Industrial District
Department of Development Services
o 125 25()
P"""q
500
. Feet
-
MINUTES
REGULAR PLANNING COMMISSION MEETING
Council Chambers- City Hall
Wednesday - June 28, 2006
5:30 P.M.
[v. ZONING
I . New Zoning
( ( 'ase No. 0606-08
Access Properties, Ltd: From a "T-1B" Manufactured Home Park District
10 a "8-4" General Business District for Tract 1 and "1-2" Light Industrial
Use for Tract 2
Tract I: Being 8.84 acres out of 27.82 acres and Tract 2: Being 9.35 acres
out of 27.82 acres, both in Farias Grant out of Luby Tract 6, Abstract 592,
located at the intersection ofeR 52 and US Hwy 77
Shannon Murphy provided a Power Point presentation of the above case as outlined in
the summary report listed below:
· ]'he applicant IS requesting a change of zoning for 18.19 acres out of a 27.82 acre tract from
'T-l B" Manufactured Home SubdivIsion to "B-4" General Business District for Tract 1 and
'[-2" Light Industrial DistrIct for Tract 2.
· rhe subject property IS bemg subdivIded out of a 27.82 acre tract of Farias Grant out of Luby
Tract 6 Abstract 592 and IS currently undeveloped. It is located on US Highway 77 at the
mtersection with County Road 52
· fhe appltcant proposes a hght mdustnal subdiViSIOn with lots at one to two acres for the use
of small contractors (such as plumbmg and electrical) and auto repair shops. The auto repair
shops would be located in the requested "B-4" District and the contractors' shops would be
located III the requested "1-2" Distnct. The apphcant is requesting "1-2" for the property in
lhe rear tor the purpose of allowing outside storage for plumbing and electrical contractors.
· ! he "B-4" DIstrIct provIdes for all types of commercial and miscellaneous service activities,
partlcularly along certain existing major streets where a general mixture of commercial and
serVIce activIty now eXIsts. The "1-2" District is intended for light manufacturing,
fabncatmg, warehousmg and wholesale distributing in high or low buildings and also permits
outside storage that is. screened from VJew from the at-grade public right-of-way.
· (ounty Road 52 wlll be extended mto the subject property. Currently the alignment
proposed by the apphcant differs from the location shown on the Urban Transportation Plan
and will need to be recognized on the plat. County Road 52 is a recommended arterial street
with an ultimate 100 right-of-way, four travel lanes and a landscaped median. The Urban
Transportation Plan states the purpose of a secondary arterial as providing citywide traffic
inobIlity but functions at a lower level and places more emphasis on land access. The
pnmary functIOn of drtenats h to prOVIde eHlclent movement. rrafflc generated from this
project would have direct access to County Road 52
Regular Planning Commission Meeting
June 28, 2006
Page Two
· Properties immediately adjacent to the north and northwest of the subject property are zoned
"B-4" General Business District and "F-R" Fann-Rural District. The properties to the east
and northeast are zoned "F-R" Farm-Rural District. The property to the south is zoned
"T -1 B" Manufactured Home Subdivision. The current zoning to the west is "B-4" General
Busmess Distnct.
· The subject property is currently vacant. Staff is reviewing the adopted future land use mobile
home designation in the area. Light industrial land use is being considered as an alternative
due to proximity to US Highway 77 (NAFTA corridor) and the area's isolation from adjacent
properties due to a CP&L easement and drainage easement to the north, railroad line to the
east, and US Highway 77 to the west.
There were nine (9) notices mailed out with zero returned in favor or opposition. Staff
recommends approval of this request.
In answer to Commissioner Pusley's question, Faryce Goode-Macon stated the Urban
Transportation Plan indicates there will be a buffer between the light industrial use and the
existing manufactured home park to the south with the extension of County Road 52.
Public hearing was opened.
Charlie Massey, owner of Access Properties, Corpus Christi, Texas stated that a Ford
store is located on a portion of Tract 1 and there are plans to develop a Chevrolet store. Once
approved, our intention is to focus on the platting and drainage within the 27 acres available and
develop small commercial uses.
Public heanng was closed.
Motion for approval was made Commissioner Skrobarczyk and seconded by
Commissioner Martinez. Motion passed unanimously with Commissioner Pusley voting no and
Commissioners Stone and Zamora being absent.
~'..."'"'!!II"'
AN ORDINANCE
AMENDING THE ZONING ORDINANCE, UPON APPLICATION
BY ACCESS PROPERTIES, LTD., BY CHANGING THE ZONING MAP
IN REFERENCE TO FARIAS GRANT OUT OF LUBY TRACT 6
ABSTRACT 592, TRACT 1 BEING 8.84 ACRES OUT OF 27.82 ACRES
AND TRACT 2 BEING 9.35 ACRES OUT OF 27.82 ACRES, FROM "T-
1 B" MANUFACTURED HOME SUBDIVISION TO "B-4" GENERAL
BUSINESS DISTRICT FOR TRACT 1 "1-2" LIGHT INDUSTRIAL
DISTRICT FOR TRACT 2; 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 Access Properties, Ltd., for amendment
to the City of Corpus Christi Zoning Ordinance and Zoning Map;
WtEREAS, with proper notice to the public, public hearings were held on Wednesday,
June 28,2006, during a meeting of the Planning Commission, and on Tuesday, August
22,2006, 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
WtEREAS, 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
N~, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
COItpus CHRISTI, TEXAS:
SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is
amended by changing the zoning on Farias Grant out of Luby Tract 6 Abstract 592,
Tract 1 being 8.84 acres out of 27.82 acres and Tract 2 being 9.35 acres out of 27.82
acres, located at the intersection of County Road 52 and US Highway 77 from 'T-1 B"
Manufactured Home Subdivision to "B-4" General Business District for Tract 1 and "1-2"
Light Industrial District for Tract 2 (Map 0660491/066050)
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.
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Page 2 of 3
SICOON 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 confonn to the Zoning Ordinance, as amended by this ordinance.
SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance
are hereby expressly repealed.
SECTION 6. 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 22nd day of August, 2006.
ATTEST:
CITY OF CORPUS CHRISTI
Henry Garrett.
Mayor, City of Corpus Christi
Arl'l'll3ndo Chapa
City Secretary
APJl!ROVED: August 16, 2006.
~J{4.~
Assittant City Attorney
For City Attorney
h:\LEG-DIR\SharedIGaryS\agendaI2006\08_22\0606_08 Access Properties reg.doc
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Page 3 of 3
Corpus Christi, Texas
day of _____, 2006
TO THE MEMBERS OF THE CITY COUNCil
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance, an
emergency exists requiring suspension of the Charter rule as to consideration and
volng upon ordinances at two regular meetings. I/we, therefore, request that you
sutPend said Charter rule and pass this ordinance finally on the date it is introduced, or
at tle 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
Br8flt Chesney
John Marez
Jerry Garcia
Wilttam Kelly
Rex A. Kinnison
Melody Cooper
Jesse Noyola
Mark Scott
H '\LEG-DIR\Shared\GaryS\agenda\2006\08-22\0606_08 Access Properties reg.doc
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MUJ.RAY 8~ss, JR., p.a,R.p.LS.
NIXON W. WELSH, P.!!., R.P.I-S.
BASS &: WELSH ENGINEERING
P.O. Box 6397
Corpus Christi, TX 78466-6397
3054 S. ALAMEJ.lA, ~IP 7e40.
PH. 361 U2p"21
FAX 361 882-126$
FIELD NOTE DESCRIPTION
Tract 1
May 30, 2008
Being.net sttuated InCorpuIChrtltl, NueceI County, TexIS, I portIonof1hat27.82acratrlddeecrlbed !nthedeed
to ~ Properties, Ltd.. recorded under Clerk's FOe No. 2004003358 In the 0fftciaI Public Records of Nueaes
County, Texas, and being more partlcular1y described by metel and boundl as follows:
BEGI.ING at the southwest comer of the 27.82 acre tract, said point lying In the east line of Lot 1, Scogin Tract, as
shown en "e map thereof recorded in Volume 82 at page 97 of the Map Records of Nueces County, Texas, for the
southwest comer of this tract:
THENQE N 9" 16' 18" E along the west line of the 27.82 acre trect and the east line of Lot 1, Scogin Tract, a distance
of 283. t 7 feet to the northeast corner allot 1, Scogin Tract and the southeast COtner of Lot 1. BlOQk 1, Bob lacy's
Busin_ Park. as shown on the map thereof, recorded in Volume eo at Page 18 of the Map Records of Nueces
County, T cas, for an intermediate comer of this tract;
THENCE continuing along the westin. of the 27.82 aa-e tract and tile east line of Lot 1, Block 1, Bob Lacy's Buslnea
Par1(, N go 15' 45" E, a distance of 47.06 feet to a point for the northwIIt comer of this tract, said point lyi~ at the
intersElllion of the centerline of . Cner Power & light (CPL) transmi88iOn line and the east line d lot 1, Block 1, Bob
lacy's au_ees Park; said point bting the souttrNest comer of a 9.81 acre tract described IS Tract No. 2 in City of
Corpus Chrtsti Ordinance 023251. whioh re-zoned the 9.81 acres to 8-4, General Business;
THENCE S 878 57' 59" E along the center line of the CPL transmission line and the south line rI the 9.81 acres, a
distan~ of 1179.75 feet, to a point In the northeast line of the 27.82 acres for the northeast corner of tlis tract;
THENCE S 11 D 58' 35" W, across the 27.82 acres, a distance of 378.85 feet to a point in the south line of the 27.82
acres, ..d point lying at the point ~ curvature of a curve to the left;
THENCE IlIong the south boundary of the 27.82 acres on said curve to the left whose radius is 327.50 feet, a distance
of 179.13 ~t to the point of tangency of said curve, for an intermediate comer of thIs tract;
THEN~ continuing along the south boundary of the 27.82 acres, N 88Ct 05' 4B~ W, a distance of 984.82 feet to the
POINT OF BeGINNING forming a tract embracing 8.84 acres.
Note: Belrings are Sr.te (If Texas, L.ambert Grid, $outl
03042 FIekJ Note Desc Tract i. doc
"'IIIlIIIl""
MUtaA v BAU. IR., P.a.,R.P.L.&
NTXON M. WELSH, P.B., R.P.LS.
3054 S. ALAMEDA, ZIP 71404
PM. "j aU~$$21
FAX 36J 3S2-UC5~
BASS &; WELSH ENGINEERING
P.O. Box 6397
Corpus Chrjnj, TX 78466.6397
FIELD NOTE DESCRIPTION
Tra~ 2
May 30, 2006
BtIIng a tract sltuatectln COrpUI Chr1sti, Nueces County. Texas, I portion of that 27.82 acre tract described In
U. GNgOrIo Farias Grant, Abstract 592, described in the Deed to Access Propertfes, Ltd., recorded under
Cttt*'s FHe No. 2004003358 In the Offioial Public Records of Nueces County, Texas, and being more
pafticularly described by metes and bounds as fonOWS:
S"'NINGat a point in the northeast line of the 27.82 acre tract where the northeast line is intersected by
ttw. C8ntertineof an existing Central Power & Light (CPL) transmission line, said point being the southeast
~er of 9.81 acre tract descrl>ed as Tract No.2 In City of Corpus Christi Ordinance 023251 that re-zoned
the tract to 8-4 for the northwest comer of this tract;
THENCE S 540 50' 22" E along the northeast line of the 27.82 acres. a distance of 1330.26 feet to the
nodheast COmer of the 27.82 acres for the northeast comer this tract;
THENCE S 36. 02' 53" W along the east line of the 27.82 acres, a distance of 302.53 feet to the southeast
COfher of the 27,82 acres for the southeast Comer of this tract;
THENCE N 54" 50' 29" W along the south line of the 27,82 acres, a distance of 307.06 feet to a point for an
int.-mediate comer of this traat;
THfNCE continuIng along the south line of the 27.82 acre tract, N 59" 43' 29~ W, a distance of 346.08 feet to
a point for an intermediate comer of this tract;
THENCE conttnuing along the south line of the 27.82 acre tract, N 56" 37' 03" W, a dIstance of 524.79 feet, to
a peint fOr the southwest caner of this tract
THl.NCE N 110 58' 35" E across the 27,82 acre tract, a distance of 378.85 feet, to the POINT OF
a.'NNING forming a tract embracing 9.35 acres.
Note: Bearlng$ are State Of TelCas. Lambert Grid, South Zone NAD, 1927. us. Feet.
03D4! Field Note De$c 'ract2. doc
.~
32
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AGENDA MEMORANDUM
PUBLIC HEARING ~ ZONrNG (City Council ActIOn Date: 8/22/06)
Case No. 0606-09. Kim and Bernard Se2er: A zoning change from a "R-IB" One-family
Dwelling District to a "F-R" Fann Rural District. The property being 13.042 acres out of Lot 17,
Section 40. Flour Bluff & Encinal Fann & Garden Tracts and located on Glenoak Drive and
approximately 1,300 feet west of Flour Bluff Drive.
PIIID.nin2 Commission and Staff's Recommendation (6/28/06): Approval of the "F-R" Farm Rural
District
R..uested Council Action: Approval of the "F-R" Faml Rural District.
PUrfose of Request: Development of a farm rural residence with a barn.
Su-marv:
· The Request. The applicant is requesting a change of zoning from "R-IB" One-family Dwelling
District to "F -R" Farm Rural District for the development of a farm-rural residence with a barn.
· :txisting Land Use. The subject property IS currently vacant. The properties adjacent to the subject
parcel are currently zoned "R-IB" One-family Dwelling District and "A-I" Apartment House
DistrIct.
· UtiUties: The proposed farm rural residence will connect to public waste-water lines when these
improvements become available to the Flour Bluff area. Until public waste-water lines are available,
the use of septic systems wIll be temporanly allowed
· Comprehensive Plan and Land Use Compatibility. The proposed development is generally
consistent wlth the ComprehenSIve Plan lelr the area and with current patterns of the development.
No.cation: Of the eIght (8) notices mailed to the surrounding property owners, one (1) was returned in
favor and zero (0) were returned in oppositIOn The 20% rule is not invoked. This case is considered
non-controversial.
MGIFGM/blp
Attlthl11ents:
1 Zoning Report
2 Planning CommISSIOn Minutes ( 6/28/06 )
1, Ordinance'
&~~-
Actmg Director of Deve~:;"'ent serviel
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CITY COUNCIL
ZONING REPORT
Case No.: 0606-09
PlaaniDg Commission Hearing Date: June 28, 2006
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Applicant: Bernard and Kim Seger
Owner: Same as Applicant
Agent: Urban Engineering / Rhodes Urban
Legal Descriptioa/Location: Being 13.042 acres out of Lot 17, Section 40, Flour
Bluff & Encinal Farm & Garden Tracts and located on Glenoak: Drive and
approximately 1.300 feet west of Flour Bluff Drive.
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From: "R-IB" One-Family Dwelling District
To: "F-R" Farm-Rural District
Area: 13.042 acres
Purpose of Request: Development of a farm rural residence with a barn.
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j _____ _ _~ _ I Dwelling District
INorth ! "R-IB" One Family
I _ _ _ __ 'I Dwelling District
~uth------ - "F-R" Farm-Rural
District
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EXisting Land Use
Vacant
Future Land Use
Low-Density
Residential
Low-Density
Residential
Agricultural/Rural
Vacant
Vacant, Low-
Density Residential
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I District
Multi-family
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j "R-IB" One Family
I Dwelling District
Low-Density
Residential
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Area Development Plan: Flour Bluff - The future land use map supports low-density
residential uses.
Map No.: 038030
Zoning Violations: None
~-'..-
Zoning Repon
Case No. 0606-09 (Bernard and Kim Seger)
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.5 The subject property has not been platted. Platting will be required prior to
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· The Request. The applicant is requesting a change of zoning from "R-IB" One-
family Dwelling District to "F-R" Farm Rural District for the development of a
farm-rural residence with a barn.
Existing Land Use. The subject property is currently vacant. The properties
adjacent to the subject parcel are currently zoned "R-I B" One-family Dwelling
District and ;'\-]" Apartment House District.
Utilities: The proposed farm rural residence will connect to public waste-water
lines when these improvements become available to the Flour Bluff area. Until
public waste-water lines are available, the use of septic systems will be
temporarily allowed.
Comprehensive Plan and Land Use Compatibility. The proposed development
is generally consistent with the Comprehensive Plan for the area and with current
patterns of the development
Street Type
! Existing Paved Volume (2001)
Section
Flour B luff Arteria I
Drive
! 95' R.O.W. wi 3,530 A.D.T.
i 64' Bk to Bk
I pavement
i 75' R.O.W. wi 3,950 A.D.T.
! 50' Bk to Bk
J pavemen~
.--""-_... r---- --...'.---- .- ..-_
Glenoak Drive Collector
· The "F-R" Farm-Rural Distnct is recommended for this site since the zoning
district is consistent wlth the Comprehensive Plan and with the development trend
of large lots ir this area
Zoning Report
Case No. 0606-09 (Bernard and Kim Seger)
Page 3
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~ . ~ Opposition: 0
U ~ ,(As of June 28, 2(06)
Attachment Zoning Map
H. PLN-DIR\SHARED\Beverly\2006 PC ZONRPTS\June\CC REPORTS\0606-09 CCReport.doc
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AL..S.....UNE-12-06
c~s~ ~Qe~Qe~Q9
Ze,,8Ig,.;Mep
T.~B Manutactur&d Home Park District
B~2 Baytront Bus;ness Di.trlct
1.2 Light Indus Iris' Dlslricl
1.3 Hesvy Industrial DIstricl
SP Speclsl Permll
PUO Plsnnoel Unit Dlvelopment
He Hlslorltal.(;ultural Landmarll Preservation
F~R Farm Rural OistrlCt
RE _..iGenUal Estilte Distrlel
RA One Family Dwelling OistTtCi
R.1A ane Family Dwelling Ol!ttric~
Rp~ H Townttous.e Dwelling DIstrict
6., N8~hborhood Business District
B.1A ~.tghborhood Business Dlslrlcl
B.2A Barrier Island Business Di.inc.
R~~ Multiple Dwelling Oistnet
T.' A travel Traiter Parll. Dislric!
. ~.~.e~us.chrlSII, TX
T .~C Manufactured Home Subdivision District
A.- A.,..~.nl House Oi$lnct
A.-'A ApartnMnt Hous8 DiStrict
A.~ Apartmenf House Oistrtct
BD Corpus Chrilti Blath Ollll/n Olst,ltt
R.18 One Familv Dwelling Distric
R.le One F....ily Dwelllllll Dl,lric'
All",.
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8 ~3 Business Obtriet
8-4 General Buslnes. O,.trict
A'l Apartment.Tourisl Districl
AB ProfHslonal Offk:. Distrkt
B-l; Primary BUlin", CQrt Olslrlct
1.1 Limited Industrial OISlricl
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MINUTES
REGULAR PLANNING COMMISSION MEETING
Council Chambers- City Hall
Wednesday - June 28, 2006
5:30 P.M.
IV. ZONING
1. New Zoning
d. Case No. 0606-09
Bernard and Kim Seger: From a "R-1B" One-family Dwelling District
to a "F -R" Farm Rural District
Being 13.042 acres out of Lot 17, Section 40, Flour Bluff & Encinal
Farm & Garden Tracts and located on Glenoak Drive and
approximately 1,300 feet west of Flour BlufIDrive.
Robert Payne presented the above case reviewing the subject property located on
Glenoak and Flour Bluff Drive with the surrounding area consisting primarily of "R-IB" Single
Family Residential and "F-R" Farm Rural.
The subject property is currently vacant and the purpose of the request is the addition of a barn on
the subject's property The future land use calls for residential development with the proposed
development being consistent with the Comprehensive Plan for the area. Staff recommends
approval
Public hearing was opened.
Chip Urban, Urban Engmeering, 2725 Swantner, Corpus Christi, Texas stated that he is
representing the owner and is available for questions. The applicant owns thirteen (13) horses
and IS buIlding a barn. As the applicant can not utilize more than 50% of their main structure,
thIS zoning change is being requested.
Public hearing was closed.
Motion for approval was made by Commissioner Salazar and seconded by Commissioner
Braselton. Motion passed unanimously with Commissioners Stone and Zamora being absent.
'\CLSTR 1_ USERSl. SER VERIUSERS 1 \PLN-D1R\SHARED\BEVERL Y\2006 CC\TUNE\0606-09 MlNUTESEXCERPT.DOC
~,,'...--
AN ORDINANCE
AMENDING THE ZONING ORDINANCE, UPON APPLICATION
BY BERNARD AND KIM SEGER, BY CHANGING THE ZONING MAP IN
REFERENCE TO 13.042 ACRES OUT OF LOT 17, SECTION 40,
FLOUR BLUFF & ENCINAL FARM & GARDEN TRACTS, FROM "R-1 B"
ONE.F AMIL Y DWELLING DISTRICT TO "F-R" FARM-RURAL
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. .
WMEREAS, the Planning Commission has forwarded to the City Council its reports and
recommendations concerning the application of Bernard and Kim Seger, 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,
June 28, 2006, during a meeting of the Planning Commission, and on Tuesday, August
22, 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
WtEREAS, 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
COItPUS CHRISTI, TEXAS:
SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is
amended by changing the zoning on 13.042 acres out of Lot 17, Section 40, Flour Bluff
& Encinal Farm & Garden Tracts and located on Glenoak Drive and approXimately
1,300 feet west of Flour Bluff Drive, from "R-1 B" One-family Dwelling District to "F-R"
Farm-Rural District (Map 038030) (Exhibit)
SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is
amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this
ordinance.
SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi,
Texas, approved on the 27th day of August, 1937, as amended from time to time,
except as changed by this ordinance and any other ordinances adopted on this date,
remain in full force and effect.
SECTION 4. That to the extent that this amendment to the Zoning Ordinance
represents a deviation from the Comprehensive Plan, the Comprehensive Plan is
amended to conform to the Zoning Ordinance, as amended by this ordinance.
..........-
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
ordtnance constitutes an offense punishable under Section 1-6 of the City Code of
Ordinances.
SECTION 7. That publication shalt be made in the offICial publication of the City of
COIpU8 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 22nd day of August, 2006.
ATTEST:
CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED: August 16. 2006.
~~'~
Assl6tant City Attorney
For City Attorney
Henry Garrett.
Mayor, City of Corpus Christi
H:\LEG-DIR\Shared\GaryS\agenda\2006\08-22\0606-09 Bernard & Kim Seger Reg.doc
........""..",...-
Page 3 of 3
Corpus Christi, Texas
day of __.____._, 2006
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance, an
emergency exists requiring suspension of the Charter rule as to consideration and
voting upon ordinances at two regular meetings. I/we, therefore, request that you
suspend said Charter rule and pass this ordinance finally on the date it is introduced, or
at the present meeting of the City Council.
Respectfully,
Respectfully,
Henry Garrett
Mayor, City of Corpus Christi
-~~-- -.....-...--.--.-.-...-...--..-...--.-.--
--,..,.._.._....,_.~._.._.._._-
Council Members
The above ordinance was passed by the following vote:
Henry Garrett
Brant Chesney
John Marez
Jerry Garcia
William Kelly
Rex A. Kinnison
Melody Cooper
Jesse Noyola
Mart Scott
H'\LECS-DIR\Shared\GaryS\agenda\2006\08-22\0606_09 Bernard & Kim Seger Reg.doc
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URIIAII
ENGINEERING
June S, 2006
Job No. 40588.00.00
Exhibit A
13.042 Aeres
ltale of Tuu
eo_ty olNaeees
'feld1lotes for the rezoning of a 13.042 acres (not based on an on-the.. ground
survey) out of Lot 17, Section 40, Flour Bluff and Encinal Farm and Garden Tracts, a
map of which ill recorded in Volume A, Pages 4]-43, Map Records ofNueces County,
Texas; said tract being more fuUy described by metes and bounds as follows:
Beainning at a point on the center line of Glenoak Drive, a public road, for the
south corner of this tract, from which point a I inch iron pipe found for the common
comer of Sections 39, 40,49 and 50, said Four Bluff and Encinal Farm and Garden
Tracts, South 61033'20" East 1,364.91 feet;
Thence, North 610:28'46" West, along the centerHne of said Glenoak Drive, at
distance of 573,25 feet for the west com.er of this tract;
Thellce, North 28031'41)l East, a distance of 990.1 0 feet for the north comer of
this 1ract;
tract;
Thence, South 61028'46" East, a distance of 574.32 feet for the east COmer of this
Thetlce, South 28035'25" West, a di.stance of 990. 10 feet to the Point of
Beginning and containing 13.042 Acres (568,101.93 square feet) ofland.
Bearing are based on survey prepared by Frontier Surveying dated September .1.0,
2003, by Rex L. Hackett, Registered Professjonal Land SU1"Veyor No. 4710.
Unless this5eld no~s description, includins preamble, seal and signature,
appears in its entirety, in its original form surveyor assumes no responsibility for its
accuracy.
C~ t (:io,()fJ;1) q
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DaD L. Urba., R.P.L.S.
Liftllse No. 4710
(361 )854-3101 2725 SWANTNER DR. . CORPus C~RISTl, TEXAS 78404
S :\Stuveying\40.588\RZ40,5880000.d()( moilifturboneng. com
FAX (361)854-6001
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LOCA 110N MAP N. T.5.
Lot 18, SectfGl'l 40
Flour Bluff and EncInal Farm and Gan:*\ Tract.
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Exhibit B
Map to Accompany
FlELDNOTES for the rezoning of a 13.042 QCnJS (nDt
bosed on an on-the-ground tract) ()l.jt of Lot 17.
Section 40. Flour Bluff and Encinal Farm and Garden
Tracts, a map of which i. rec:orded in Volumlll A, Pogllls
41-4-3, Map Records of Nueces County. TexCls.
ClASt. CJDOlJ,IJ'1.
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AGENDA MEMORANDUM
PUBLIC HEARING ZONING (City Council Action Date: 8/22/06)
C4se No. 0706-01. Hoe:an Develoument Co.: A zoning change from a "F-R" Farm-Rural District to
a "R-IA" One-family Dwelling District for Tract 1; and a "R-IB" One-family Dwelling District for
Tract 2. Tract I being 37.15 acres of the Flour Bluff and Encinal Farm and Garden Tracts, Lot 18 and
a portion of Lots 17, 21, and 22, Section 32 and Tract 2 being 18.01 acres of the Flour Bluff and
Encinal Farm and Garden Tracts, a portion of Lots 21, 22, and 23, Section 32, located on Wooldridge
Road approximately 1,580 feet east of Las Brisas Drive.
PIfn..,me: Commission and Staff's Recommendation (6/30/06): Approval of the "R-IA" One-family
Dwelling District for Tract] and approval of the "R-l B" One-family Dwelling District for Tract 2.
R,apuested Council Action: Approval of the "R-l A" One-family Dwelling District for Tract 1 and
approval of the "R-IB" One-family Dwelling District for Tract 2.
PUlI)ose of Reauest: To allow a single family subdiviSIOn.
SU-man:
· The Request: The applicant is requesting a change of zoning for 37.15 acres (Tract 1) and 18.01
acres (Tract 2) from "F-R" Farm-Rural District to "R-IA" One-family Dwelling District for Tract 1
and to "R-IB" One-famIly Dwelling DIstrict for Tract 2 for development of a single family
residentIal subdiVISIOn.
· Development for Tract Is proposed as fifteen single family residential lots and will front on future
Oso Parkway and have views of Cayo del Oso. The property will be developed in one phase.
Entrances into the proposed subdiVIsion are from Holly Road and future Oso Parkway. Tract 2 is
proposed as an estImated twenty ')mgle family residential lots and will also be developed in one
phase
· Zoning: The purpose of the "R-I X' District proVIdes for single-family residential development of
relatively more spacious character. The "R-IA" District requires a minimum of 10,000 square foot
lots, with a maximum demlty of 4.36 umts per acre. The minimum front yard setback is twenty-five
(25) feet with fi ve (5) foot side and rear yards. The required yard open space is 30 percent of the total
lot area.
· The purpose of the "R-IB' DIstrict proVIdes for single-family residential development of moderately
spaCIOUS character The "R-IB" Distnct requires a minimum of 6,000 square foot lots, with a
maximum denSIty of '.26 units per acre. The mimmum front yard setback is twenty-five (25) feet
with five f 5) foot SIde and rear yards The required yard open space is 30 percent of the total lot area,
· Existing Land Use: Both tracts are bemg subdivided out of the Flour Bluff & Encinal Farm and
Garden Tracts and are currently undeveloped. Tract 1 is located on Wooldridge Road, approximately
3,875 feet east of VIctoria Park Drive and Tract 2 is located to the south and adjacent to Tract 1.
· Utilities: The proposed single family development WIll connect to public utilities.
.~....,..".
Agenda Memorandum
Cae No. 0706-01 (Hogan Development Co.)
Page 2
· Transportation: Development of this property with the proposed residential subdivision could
generate approximately 335 vehicle trip ends per day. The subject property is located on Wooldridge
Road, which is designated as a primary collector roadway in the Urban Transportation Plan. The
Plan states the purpose of a primary collector is to provide access to commercial developments and/or
several neighborhoods and may intersect with one or two arterial streets. Traffic generated from this
project would have direct access to Wooldridge Road and the future extension of Oso Parkway,
which is designated as a collector street
N<4fication: Of the twenty-two (22) notices mailed to the surrounding property owners, zero (0) were
returned in favor and zero (0) were returned in opposition. The 20% rule is not invoked. This case is
cODlidered non-controversial.
A-.
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Atttchments:
1 ) Zoning Report
2) Planning Commission Minutes (7/12/06)
3) Ordinance
Mich IN. G ing, AICP
Acting Director of Development Se
If. \PLN-D IR\SHA RED\Beverly2006 CC\J uly\0706-0 I AGENDAMEMO.doc
CITY COUNCIL
ZONING REPORT
Case No.: 0706-01
PI.ming Commission Hearing Date: July 12, 2006
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Applicant Hogan Development Company, L.P.
i Owner: The George B. Gaines, Jr. Family Limited Partnership, L TD
I Agent: Urban Engineering- Victoria- Ray Bridges
I Legal Description/Location: Tract 1: Being 37.15 acres of the Flour Bluff and Encinal Farm
and Garden Tracts. Lot 18 and a portion of Lots 17,21, and 22, Section 32 and Tract 2: Being
118.01 acres of the Flour Bluff and Encinal Farm and Garden Tracts, a portion of Lots 21,22, and
: 23, SectIOn 32, located on Wooldridge Road approximately 1,580 feet east of
. Las Brisas DrIve.
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"F-R" Farm-Rural DistrIct
Tract 1: "R-IA" One-family Dwelling District, Tract 2: "R-IB" One-family Dwelling
DIstrict
i Area: Tract 1: .\7.15 acres; Tract 2: 18.01 acres
Purpose of Request: To allow a smgle family subdivisIOn.
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Existing Land Use Future Land Use
Vacant, Park Low density residential
Vacant! Low density Low density residential
g single-family residentlal
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Vacant Low density residential
--.----.---
g Cayo del Oso Cayo del Oso
g Low density single-family Low density residential
residential
.--.- -_.._----_.__.__.~..._._.._----_._---
I
____ Zoning .
Site "F-R" Fann-Rural District
North 'F-R" Fann-Rural District
i 'R-l C' OIle-family Dwellm
.___~' District _______
i South "F-R" Farm-Rural District
'East I "R-IB" One-family Dwelhn
I District
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i West "R-IC" One-family Dwellm
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Area Development Plan: SouthsIde - The future land use map recommends low-density
residentlal as requested by the appl1cant.
Map No.: 039031 '039032
Zoning Violations: None
........ .-
City Council Zoning Report
Case No. 0706-01 (Hogan Development Company, L.P.)
Page 2
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· The Request: The applicant is requesting a change of zoning for 37.15 acres (Tract 1) and
18.01 acres (Tract 2) from "F-R" Farm-Rural District to "R-IA" One-family Dwelling
DIStrict for Tract 1 and to "R-I B" One-family Dwelling District for Tract 2 for development
of a single famIly residential subdivision.
· Development for Tract 1 is proposed as fifteen single family residential lots and will front on
future Oso Parkway and have views of Cayo del Oso. The property will be developed in one
phase. Entrances into the proposed subdivision are from Holly Road and future Oso
Parkway. Tract 2 is proposed as an estimated twenty single family residential lots and will
also be developed in one phase.
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· Zoning: The purpose of the "R-IA" District provides for single-family residential
development of relatively more spacious character. The "R-IA" District requires a minimum
of 10,000 square foot lots, with a maximum density of 4.36 units per acre. The minimum
front yard setback is twenty-five (25) feet with five (5) foot side and rear yards. The required
yard open space is 30 percent of the total lot area.
· The purpose of the "R-lB" District provides for single-family residential development of
moderately spacious character. The "R-IB" District requires a minimum of 6,000 square
foot lots, with a maximum density of7.26 units per acre. The minimum front yard setback is
twenty-five (25) feet with five (5) foot side and rear yards. The required yard open space is
30 percent of the total lot area.
· Existing Land Use: Both tracts are being subdivided out of the Flour Bluff & Encinal Farm
and Garden Tracts and are currently undeveloped. Tract 1 is located on Wooldridge Road,
approximately :3 .875 feet east of Victoria Park Drive and Tract 2 is located to the south and
adjacent to Tract 1.
· Utilities: The proposed smgle family development will connect to public utilities.
· Transportation: Development of this property with the proposed residential subdivision
could generate approximately 335 vehicle trip ends per day. The subject property is located
on Wooldridge Road, which is designated as a primary collector roadway in the- Urban
Transportation Plan. The Plan states the purpose of a primary collector is to provide access
to commercial developments and/or several neighborhoods and may intersect with one or two
arterial streets. Traffic generated from this project would have direct access to Wooldridge
Road and the future extension ofOso Parkway, which is designated as a collector street.
Type Paved Section Volume
- (2001)
ollector 50 feet (proposed) 1270 AD.T.
,ollector 41 feet (proposed) Not available
..~....=__ Street==~41 _
W._o. ?ldridge R. o. a~.____ c.
~~Parkway ______ C
The subject property lS not platted. Platting is required prior to development of the property.
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city Council Zoning Report
Calle No. 0706-01 (Hogan Development Company, L.P.)
Page 3
11
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The subject property IS currently vacant.
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Approval of the "R-IA" One-family Dwelling District for Tract I and approval of the "R-IB"
One-family Dwellmg District for Tract 2.
Number of '\lotlces Mailed
ta VOl' 0
OppOSItIOn U
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Attachment Zoning Map
H\PLN-DIR\SHAREDBeverlv\20(() PC\ZONRPTSJuly\CC ZONRPTS\0706-01 CC ZONRPT.doc
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R-1B
26JUN06/HK
F-R Fallll RUI'lII District
RE Residential Estate District
RA On.Famly Dwelling District
R-1A On.famly Dwelling District
R-1B On.Famly Dwelling District
R-1C On.famly Dwelling District
R-TH ToW!lhoUle Dwelling District
R-2 Mullpl. Dwelling District
T-1A TraVII Tl'Itler Park District
T 1 B Manufactured Home Pari: Dis!
T -1 C MaRlfactllred Home
Sulldivillon District
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F-R
TRACT 1
Rae. R-1A
F-R
R-1B
CAYO
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050
Case No. Z0706-01
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 Umited Industrial District
1-2 Ught 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 Dlst.
B.3 Business District
B-4 General Business District
B-5 Primary Business District
B-6 Primary Business Core District
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HC Historical-Cultural landmark
Preservation
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300
Feet
MINUTES
REGULAR PLANNING COMMISSION MEETING
Council Chambers- City Hall
Wednesday - July 26,2006
5:30 P.M.
VI. ZONING
New Zoning
a. Case No. 0706-01
Hogan Development Co.: Tract 1 and Tract 2: From a "F-R" Farm-Rural District
to: Tract I - "R-l A" One-family Dwelling District and Tract 2 - "R-IB" One-family
Dwelling District
Tract 1: Being 3 7. 15 acres of the Flour Bluff and Encinal Farm and Garden Tracts,
Lot 18 and a portion of Lot 17, Lot 21, and Lot 22, Section 32 and Tract 2: Being
18.01 acres of the Flour Bluff and Encinal Farm and Garden Tracts, a portion of
Lot 21, Lot 22, and Lot 23, Section 32, located on Wooldridge Road approximately
3,875 feet east of Victoria Park Drive.
Shannon Murphy presented the above case with a Power Point slide presentation showing the
subject property located on Wooldndge Road review of the surrQunding property consisting of vacant
land to the north and south and low density residential land use to the east and west. Mrs. Murphy
stated the purpose of the request for the "R- IA" on Tract 1 and "R-IB" on Tract 2 is development of
a smgle famIly subdi\ Ision whIch IS ,;urrently undeveloped consisting of Tract I with 37,15 acres and
Tract 2 with 18.01 acres. Traffic access will be available from Wooldridge Road and the future
extensIOn ofOso Parkway. fhere were no notices received in favor or opposition, Staff recommends
approval
Public hearing was opened
No one was present in favor or opposition.
Public hearing was closed.
Motion for approval of a "R-I A" for Tract I and a "R-IB" for Tract 2 was made by
CommissIOner SalazaJ and seconded by Commissioner Skrobarczyk. Motion passed unanimously.
\\CLS TRI_\ .SERSI SERVEVlJSERSI\PJ.N-DIR\SHARED\BEVERL Y\2006 CCIJULY\0706-01MINUTES EXCERPT. DOC
AN ORDINANCE
AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY
HOGAN DEVELOPMENT COMPANY, L.P., BY CHANGING THE
ZONING MAP IN REFERENCE TO FLOUR BLUFF AND ENCINAL
FARM AND GARDEN TRACTS, TRACT 1: BEING 37.15 ACRES,
LOT 18 AND A PORTION OF LOTS 17, 21, AND 22, SECTION 32
AND TRACT 2: BEING 18.01 ACRES, A PORTION OF LOTS 21,22,
AND 23, SECTION 32, FROM "F-R" FARM-RURAL DISTRICT TO "R-
1A" ONE-FAMILY DWELLING DISTRICT FOR TRACT 1 AND "R-1B"
ONE-FAMILY DWELLING DISTRICT FOR TRACT 2; AMENDING
THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY
DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN;
PROVIDING A PENALTY; PROVIDING FOR PUBLICATION; AND
DECLARING AN EMERGENCY.
WtEREAS, the Planning Commission has forwarded to the City Council its reports and
recommendations concerning the application of Hogan Development Company, L.P., for
amendment to the City of Corpus Christi Zoning Ordinance and Zoning Map;
WHEREAS, with proper notice to the public, public hearings were held on Wednesday,
July 12, 2006, during a meeting of the Planning Commission, and on Tuesday, August
22,2006, 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
WHlREAS, the City Council has determined that this amendment would best serve
pubic 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
CONPUs CHRISTI, TEXAS:
SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is
ameftded by changing the zoning on Flour Bluff and Encinal Farm and Garden Tracts,
Tract 1: being 37.15 acres, Lot 18 and a portion of Lots 17,21, and 22, Section 32 and
Tract 2: being 18.01 acres, a portion of Lots 21,22, and 23, Section 32, located on
WOokjridge Road approximately 1,580 feet east of Las Brisas Drive from "F-R" Farm-
Ruraf District to "R-1 A" One-family Dwelling District for Tract 1 and "R-1 B" One-family
DweNing District for Tract 2. (Map 039031/039032)
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.
SEClION 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,
Page 2 of 3
except as changed by this ordinance and any other ordinances adopted on this date,
remain in full force and effect.
SIeTION 4. That to the extent that this amendment to the Zoning Ordinance
represents a deviation from the Comprehensive Plan, the Comprehensive Plan is
amended to conform to the Zoning Ordinance, as amended by this ordinance.
SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance
are hereby expressly repealed.
SECTION 6. 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 22nd day of August, 2006.
A TrEST:
CITY OF CORPUS CHRISTI
Henry Garrett.
Mayor, City of Corpus Christi
Armando Chapa
City Secretary
APPROVED: August 16
~~
Assistant City Attorney
For City Attorney
2006.
H :\lEG-DIRIShared\GarySlagenda\2006\08-22\0706_0 1 Hogan Development reg.doc
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Page 3 of 3
Corpus Christi, Texas
.__ day of
,2006
TO THE MEMBERS OF THE CITY COUNCil
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance, an
emergency exists requiring suspension of the Charter rule as to consideration and
voting upon ordinances at two regular meetings. I/we, therefore, request that you
suspend said Charter rule and pass this ordinance finally on the date it is introduced, or
at the present meeting of the City Council.
Respectfully,
Respectfu lIy,
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-otR\Shared\GaryS\agenda\2006\Oa_22\0706_01 Hogan Development reg.doc
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37.15 ACRES
RE-ZONlNG
THE STATE OF TEXAs}
THE COUNTY OF NUECES}
BEING a 37.15 acre tract of land comprised of Lot 18 and a portion of Lot 17, Lot 21 and Lot 22, SectiOl1 32,'
Rour Bluff and Encinal Parm and GardeJ.t Tract8 as recorded in V olumc A. Pages 41-43 of the Map Records of
Maectl$ Connty, Teus, and boing a portion of that certain ttaet of land conveyed by George B. Gaines, Ir., et u. to
TIle George B. Gaines, Jr. Family Limited Partnership, L ro. according to Document Number 842209 of the Official
R.ecottJs ofNutoell COUllty, Texas, said 37.15 acre tract of land. being more.MJy descnbed by metes and bounds as
follows:
_GINNING at a 5/8 inch diameter rebar (with yellow plastic cap stamped "URBAN SURVEYING, lNC.") set
tD mark the northwest COmer of the herein described tract, said rebar being in the oommQA line of said Lot 17.
Section 32 and Lot 1.2, Section 32 and bears South 61 dog. 20' 04" East, a distance of 1903.61 feet from a 518 inch
di~lr.:ter rebar (With yellow plastic cop stamped "URBAN SUR VEYlNG, lNe. '') m.arkinR the COmmon comer of Lot
9 IUd Lot 24, SrA:tion 27, and tot 14 and Lot 15, Seeti.on 32, flOUT Bluff and Encinal F8Im and Gat'den Tracts;
TllENCE, South 61 deg. 20' 04" East. p3$sing at 80.06 feet, the COmJOOn comer of Lots 11, 12, 17 and 18,
SeRion 32 and CQntirJ.uing for an overall distance of 740.19 feet to a 5/8 inch diameter rebar (with yellow plastic ca.p
steptttl "URBAN SURVEYING. lNe. 'I set to mark the northeast comer of the heroin de..ororibed nct and the
COJbmOo comer-of Lots 10, J 1 18 and 19, Section 32, Flour Bluff and Encinal Faon and Garden Tract.~
TlJENCE, South 28 d~g. 38' 42" West, along the connnon line of said Lots 18 and t9, Section 32, passing at
844.74 feet a 5/8 inch diameter rnbar (with. yelJow plastic cap stam.ped "URB.AN SUR.VEYJNG., me ") set fOT a
reftrence P<Jint and continuing fer an overall distance of 946.74 feet to a point on the shoreline of 080 Bay fur an
caaerly comer of the herein described tract.
THENCE, along the ~boreline of Oso Bay as follows:
NoIth 80 deg. 4i' 33" Wesl a distance of! 8484 feet to an angle pojn~
South 88 deg, 09' 35" West, a distancf: of42.76 feet to an angle point;
Norlb 87 deg. 27' 21" West, a dIsfmlce of 106.50 feet to an angle point;
No1'lh 88 deg. 23' 09" West, a dt~tance of 49.25 feet to an angle point;
SouIJ 82 de@:. 01' 28" W eat, a distance of 169.51 feet to an angle point;
SouCh 72 dcg 40 ~ 04" W e~t, a distance of 157.89 feet to an angle point;
So1lfl166 deg. 37' 26" West, a dista:l1cc of 175~2 feet to an angle point;
Soutll60 deg 39' 50" West, a distance of 151.31 feet to an angle point;
Souta60 dcg 54' 51" West, a distance of 105.21 feet to an angle point;
Sout1lS2 dcg. 18' 00' West, a distance of 172.98 feet to an angle pomt;
Sou. 42 deg. 47' 21 " West, a distance of 11 9. 3D feet to an angle point;
South 35 deg_ r I' 0.5" We:~t, a distance of 5245 feet to au angk point;
::;outb 21 deg. 04' 3 I" West, a distance of 283..20 feet to an angle point;
A.nd Somh 53 deg. .;; l' 22" West, 4 distMcc :)(93.58 feel to ~ point for the ~('Jtltb cc'rner of the nerl;1in described tract;
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1'8&NCE, Nonh 33 <lea, 20' IS' Woot, pUliaa at 100.00 faot, . "'8 incl. ~ rebar (with yoI/"", pItutic ctlp
~ "U/UJAN SURVEYING, INC. 'J set for reference and contimJing for an ova-all distance of 230.97 feet to a
518 iDe.b diameter rebu (with yellow plastiL: cap stamped "URBAN SURVE1ING, mc, 'j set for au angle: point;
~CE. North 61 q, 21 ' 13" W COt, a dislInce of 234.49 feet to a '18 Jnch cl;amo'ollcbar (WillI yellnw PIDsltc
c. SII1mped "URBAN SURYET1NQ INC. 'j set at the beginning of a curve 10 the right;
TB:ENCE, with said CUl'l1e to the tight, having a radhu of 290.00 feet, interior anglo of 61 dca. 30' 58", chord
heirs North 30 des. 35' 44" W-, 296.62 ~ for 81 arc lClth of 311.36 feet to a 5/~ inch diamq rebar (with
y.tow plastic <<zp stamped '1lJRUN SURPEfJNG, INC. ") set fol' itBpoint or taueeney;
1W.ENCE) North 00 dee. 09' 4S" East, a diatanoe of 135.94 feet to a 5/8 Inch diameter rcbm- (with y~llC1W plastic
CGp stlMtped ''tJRJJ.A.N SURYEYING, lNe. '; se:t to mark a we$teTly corner of the herein descri,bed tract;
TJlEJiCE, South 89 deg. 50' IS" East, a distance of 174.42 feet to a 5/8 inoh cUamctcr rebar (With )lellow plastic
CDP' attapeJ "tlR/JAN SUR J'EYING, lNe 'J set at the beginning of a. CUJVe to the loft;
T.JIENCE, with said Ct.ln7L!: to tile left, having a radiw of 640.00 feet, interior anile of 33 deg. 29' 59", chard be2ui
NOflh 13 deg. 24' 45" East, 368.'9 feet.. for an. aJ.'C length or 374.20 feet to a 5/8 inch diameter .rebar (wit/r. yellow
p!,.gc r:o.p 8U1mperJ "URBAN SURVEYING, INC. ") set for its point oftange.ncy;
Tlll!:NcE, North 56 &g. 39' 45" Bast, a di5tanec of 10 11.4'7 feet to a 5/8 inch diameter rebar (with yellow plastic
cap $/atped "UR.8.AN SURVEYING, me. '? !Jet lU the beginning of mother curve to the right;
TSNcE, with said cnfVe to the right, having a. radius of 1040.00 feet, interior angle of27 deg. 59' 49", chord
bean North 42 clcg. 39' SO" East. 503.15 feet, fOJ an, arc length of 508.19 foct to a 518 inch diameter rebar (with
yellt1W plastic cop stamped ulJ.RJUN SlIRVEYlNG. me. 'J set for its point oftangoncy;
TBKNCE, North 28 deg. 39' 56"East, a distance of 232.22 feet to the POINT OF BEGINNlNG, containing
witbia thesemetcs and bounds 37 I5 acres ofland., more or less.
Bearialgs based on Texas State Plane Coordinate System, South Zone, lUlUlg City of Corpus Christi contro.I
monumeltt8 SP 071 and SF 080. Bearing from SP 071 to SP 080 is North 52 dog. 28' 26.49" West.
The fDreJQing fieldnote description and accompanying survey pla.t were prepared from an aotual tmtVey made on the
grout\d. uadc:r my supcrvi:sion in May, 2006 and an: true and com~ct to the best of my knowledge and belief.
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18.01 ACRES
RE-ZONING
'IHI STATE OF TEXAS}
1'11I: COUNTY OF NUECES}
_ING an 18.01 acre tract of land comp.r.ised of a portion of tot 21, Lot 22 and Lot 23, Section .32, Flour Bluff
.. Brlcmat Farro. and Gardea I'racts as recorded in V oJnme A, Pages 41-43 of the Map Records of Nucces COUtltyl
TIlal, an.d being a portion of that certain Inlet of land COllVeyed by Oeoqre B. Gaines, Jr., et \.Ix to The George B,
GIIineI, Jr. Family LittUtm P~p, LTD. according to DocUment Number 842209 of the Official Records of
N'1Ieoerc County, Texas. said 18.0] acre traet ofland being mOTe fuIl). described by mcte.'l and bounds as follows:
B.GINNlNG at a 5/8 inch diameter rebar (wUh yellow pla.rlic cap stamped "URBAN SUli.VEYlNG. INC. 'I set
to marl< the northwest COIIlU of the herein described tract., said rebar being in the common line of said Lot 23,
Sotti01l 32 and Lot 25, Section 27 and bean South 28 deg. 43' 22" West, a distance of 2 1 91. .57 feet from. a 5/8 inch
dia1e11tr rebar (With yellow plastic cap stamper:! "URBAN SUR'VEYING, INe 'J maddng the comm.on COtner of Lot
9 and Lot 24, Section 27, and Lot 14 and LQt tS Section 32. Flour Bluff and Encinal Fatm. and Garden Tracts;
TJlENCE, South 61 deg. 11 27" East, a distance of 250.96 feet to a 5/8 inch diameter rebar (with yellow plastic
ct:1iJ stalnped "URBAN SUR VEJWG, INe ") lI;et at the beginning of a curve to the left;
TJlENCE, with !laid CUl"'Ve to the left, having a radius of 840.00 feet, interior angle of 28 deg. 38' 48", chord bears
South 7s deg. 30' 51" East, 4-15.62 fect, for an arc length of 419,98 fed to a 5/8 inch diameter rcbar (withye/low
plame cap stamped "URBAN SURVEYING, fNC ") set for its poin{()ftangency;
THENCE, South 89 <leg. 50' 1 S" East, a dIstance of 275.84 feet to a 5/8 inch diameter rebar (with yellow plasr.ic
cap SlmItped "URBAN SUR VEYlNG, INe. ') set to mark a northerly corner of the herein descn'bed tract;
T"NCE, South 00 deg. 09' 45" West, a distance of 135.94 feet to a 5/8 inch diameter rebai (with yellow
plalllJc cap stamped "URJJAN SURVEYING, lNe "; set at the beginning of a curve to the left;
Tm:NCE: with. said ourve to the left, having a radius of 290.00 feet, interior angle of 61 deg. 30' 58", ohord bears
Somb 30 deg, 3 S" 44" East, 296.62 feet, for lIl1 arc length of 311.36 feet to a 5/8 inch diameter rcbar (wirh y~IlDw
p1a..V1Iic cap stamped "U~AN SUR'VEYING. rNC. ") set for its point of tangency;
TflENCE, South 61 deg. 21' L 3" East, a diS1anoe of 234.49 feet to a 5/8 inch diameter rebar. (with. yellow plastic
cap ItIlmped "URBAN SURVETING, me. "I set to mark an angle point in the herein described tract;
THlNCE, South 33 dt::g. 20' 15" East, peasing at 180.97 feet a 5/8 inch diameter rcbar (with yellow plastic cap
stamped "URBAN SURVEYING, fNe ") set for a referenoe point and oontinuing for an overaU distAnce of 280.97
feet to a. point On the shorcline of 090 Bay for an easterly comer of the herein dellcribed tract;
THBNCE, along the shoreline of 090 Bay, South 53 deg. 51' 22" West, a distance of 113.39 feet to an angle
point;
THlNCE, SQuth 58 deg 24' 4(1" W~t, a distance of J08.98 feet to an angle point;
THltJCE, South 3S deg. 05' 44'" West, a distance of 87.63 feet to a pomt 011 said shoreline for the southeast
corn.or of the h.erein dtscribed traot, said poin1 bejng in the common line of said Section 32 and Section 33, Flour
Bluffand Encinal Farm and Garden Tract<;.
T~:l
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'ftIBNCE, North 61 deg. 21' 13" West, along the common line of said SectionJ 32 and 33,pasBing at 100.00 feet
a 5/8 inch diameter rebar (wi/It yellow plastic cqp namptd "URBAN SUAJ1Et1NG, iNC. ") act fOT rerfln!:l1ce and
CGI.'t:bwW1e for a:.n overall d:istauce of 1587.04 feet to a 5/8 inch diameter mar (with yellow plastic cap $lamped
utlR:&!.N SUlt.VEYING, JNe 'J set to mark the west comer of the herem dcsoribcd met. JamC being a common
comer of said Secti.on 27 add Section 32, Flour Bluff and Encinal Farm and Garden Tracts;
THENCE, North 28 des. 43' 22" East, along thc' oommon line of said SectionJ 27 aDd 32. a distance of 454.91
foa to the POINT OF BEGINNING, conQlinrog within these metc8and bounds 18.01 acres oflaJJd, more or Jess,
~s based on Texas State Plane Coordinate System. South Zone, u8ina City of Col'pUS ,Cluisd. cOIltrol
~ SP 071 and SP 080. BeariDg frOJll SP 071 to SP 080 is North 52 deg. 28' 26.49" West.
n. foegoma fieldnotc description and accompanying 8Utvey plat were prcpa.od from an actual survey made 011 the
ground under my supervision in May, 2006 and are true and correct to the best ormy knowledge and belief:
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AGENDA MEMORANDUM
PUBLIC HEARING ZONING (City Council Action Date: 8/22/06)
Case No. 0706-03. Fernando Zambrano: A zoning change from a "R-IB" One-family Dwelling
District to a "R -1 C" One-family Dwelling District. The property being a 24.046 acre tract ofland
out of Lot 2, Section 6, Bohemian Colony Lands, located on Greenwood Drive, approximately
2,000 feet north of Saratoga Boulevard.
~aim! Commission and Staff's Recommendation (7/12/06): Approval of the "R-IC" One-family
Dwelling District
Requested Council Action: Approval of the "R-I C" One-family Dwelling District.
Pumose of Reauest: Development of a single family residential subdivision.
Su-marv:
· The Request. The applicant is requesting a change of zoning from "R-IB" One-family
Dwelling District to "R-IC" One-family Dwelling District for the development of a single
family residential subdivision.
· Existing Land Use. The subject property is currently vacant. The properties adjacent to the
subject parcel are currently zoned "R. I B" One-family Dwelling District, "A-I" Apartment
House Distnct and "]-2" Light Industrial District.
· The "R.] B'. District provides for residential lots not less than 6,000 square feet, with a
maximum density of 7.26 units per acre. The minimum front yard setback is twenty-five
(25) feet with five (5) feet side and rear setbacks. The required yard open space is 30 percent
of the total lot area.
· The "R-] C" District provides for resldential lots not less than 4,500 square feet, with a
maximum density of9.68 units per acre. The minimum front yard setback is twenty (20) feet
with five (5) feet side and rear setbacks. The required yard open space is 30 percent of the
total10t area
· Utilities: Public water and waste-water lines are available for the area.
· Comprehensive Plan and Land Use Compatibility. The proposed development is
generally consistent with the Comprehensive Plan for the area and with the current patterns
of development.
.,.... ..-
AgCl'lda Memorandum
Case No. 0706-03 (Fernando Zambraao)
Page 2
· Transportation: The subject property has access to Greenwood Drive. Greenwood Drive is
an arterial street with 95 feet ofR.O.W. and 64 feet of pavement.
NoMcation: Of the nineteen (19) notices mailed to the surrounding property owners, zero (0) were
returned in favor and zero (0) were returned in opposition. The 20% rule is not invoked. This case is
cODlidered non-controversial.
MGIFGMlblp
Attahments:
I ) Zoning Report
2) Planning Commission Minutes (7/12/06)
~ ) Ordinance
H:\PLN-DIRISHARED\Beverly\2006 CC\Tuly\0706-03 AGENDAMEMO.doc
~"......-
CITY COUNCIL
ZONING REPORT
Case No.: ()706-03
Planing Commission Healling Date: July 12,2006
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From: "R-IB" One-Family Dwelling District
To: "R-IC" One-Family Dwelling District
Area: 24.046 acres
Purpose of Request: Development of a single family residential subdivision.
~-_. ._.,...._...._,_.._._,~--~._._._-_._._'"-
fI:l Zoning Existing Land Use Future Land Use
~ Site "R-lB" One Family Vacant Low-Density
fI:l
~ Dwellm DistrIct Residential
"C
== North "R-IB" One Family Vacant, Low- Low-Density
Cl:l
~ Dwellmg Dlstrict_ ... Density Residential Residential
~ _.~--
== ';'outh "R-IB" One Family i Vacant Low-Density
Cl:l Dwellmg DIstrict, "1-2" Residential, Light
~
.s Light lndustrial District I lndustrial
~ -- j Public-Semipublic,
East "A-I" Apartment House Public-Semipublic,
N District. "R.l C" One i Vacant, Low- Low-Density
CIJ
;S Family Dwelling DistrIct. ! Density ResIdential, Residential, Light
fI:l "1-2" Light Industrial I Ltght Industrial Industrial
~
fia;il District ...._.~~--~-
--.-.-...,-......-
West "R-IB" One Family i Vacant Low-Density
Dwellm DistrIct Residential
~ en
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Area Development Plan: Westside The future land use map supports low-density
residential uses.
Map No. 050038
Zoning Violations: None
..........,.....-
CIty Council Zoning Report
Case No. 0706-03 (Fernando Zambrano)
Paae2
"J
~
.... The subject property has not been platted. Platting will be required prior to
VJ
.... development.
t'#
It
· The Request. The applicant is requesting a change of zoning from "R-IB" One-
family Dwelling District to "R-l C" One-family Dwelling District for the
development of a single family residential subdivision.
· Existing Land Use. The subject property is currently vacant. The properties
adjacent to the subject parcel are currently zoned "R-IB" One-family Dwelling
District, "A-1" Apartment House District and "1-2" Light Industrial District.
· The "R-IB" District provides for residential lots not less than 6,000 square feet,
with a maximum density of 7.26 units per acre. The minimum front yard setback
is twenty-five (25) feet with five (5) feet side and rear setbacks. The required
yard open space is 30 percent of the total lot area.
t-
.
E
E .
.
VJ
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Ii::
.
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.
.
The "R -I C" District provides for residential lots not less than 4,500 square feet,
with a maximum density of9.68 units per acre. The minimum front yard setback
is twenty (20) feet with five (5) feet side and rear setbacks. The required yard
open space is 30 percent of the total lot area.
Utilities: Public water and waste-water lines are available for the area.
Comprehensive Plan and Land Use Compatibility. The proposed development
is generally consistent with the Comprehensive Plan for the area and with the
current patterns of development.
.
Transportation: The subject property has access to Greenwood Drive.
Greenwood Drive is an arterial street with 95 feet ofR.O.W. and 64 feet of
pavement.
I
! Street ! Type I Existing Paved Volume
~ !
I Section (2001)
~ >-------.- I -~,-
I Greenwood ' Arterial 95' R.O.W. wi 64' Bk 4,240 A.D.T.
.... Drive to Bk pavement
~ i
b I -----1 -.- ~.- -"--_._~
I Los Robles Collector 60' R.O.W. wi 40' Bk 650 A.D.T.
00 I I
Dri ve i to Bk pavement
-..--- -- -----_____ .--1. _______ __________
-+
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The "R -1 C" One-family Dwelling District is recommended for this site since the
zoning district is consistent with the Comprehensive Plan which recommends
low-density residential
_ _.'U_"'_'~'__ __..__ ""_ __.~._~ _'_'__"__"_"'_~._.
<IlIlIIlIl"'...."
City Council Zowng Repon
Case No. 0706-03 (Fernando Zambrano)
Pap 3
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I Approval of "R -1 C" One-family Dwelling District
I Approval of"R-1 C" One-family Dwelling District
i
I
I
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I Number of Notices Mailed: 19
I Favor: 0
I Opposition 0
I (As of July 12, 2(06)
I
Attachment: Zoning Map
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RA One Family Dwelllng DtIltrict
R.1A One Family Dwelling DtIllnct
R.18 One Family DW""'g DtIltrlct
R-l C One Family Dwelling Dlstricl
City of Corpus Chri'll. T eus
Department of Development Services
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CASE Z0706-03
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R~TH Townhouse Dwelling District
8.1 Neighborhood Business District
B-1A Neighborhood Business District
B-2A Barrier Island Business Dlslrlct
1.2 Light Industrial District
1-3 Heavy Industria' Olstrlcl
SP Special Permit
PUD Plenned UnU Development
R.2 Multiple Dwelling District
T ~1 b Travel Trader Park Distric!
T.l B Manufaclured Home Park District
B-2 B.ylront Business District
BD Corpus Christi Beach Design Dlsrlcl
He Hlslorlcal-CuUurai Landmark Pre.ervallon
T~1C Manufactured Home Subdlviston District
A.l lIpartmenl House DISlricl
A-1A Apanmenr House District
8~3 Business Distr'ct
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A-2 Apartment House DiSlrlct
B-4 General Business District
AT Apartment.TourlSl Districl
B.5 Primary Business Dlstrlcl
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8.6 Primary Business Core District,
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MINUTES
REGULAR PLANNING COMMISSION MEETING
Council Chambers- City Hall
Wednesday - July 26, 2006
5:30 P.M.
VI. ZONING
! . New Zoning
h. Case No. 0706-03
Fernando Zambrano: From a "R-IB" One-family Dwelling District to a
"R -1 <:.: One-family Dwelling District
Being a 24.046 acre tract of land out of Lot 2, Section 6, Bohemian Colony
Lands, located on Greenwood Drive, approxImately 2,000 feet north of
Saratoga Boulevard
Adriana TrujIllo presented the above case requesting a "R-1C" One-family Dwelling
DistrIct located on Greenwood Drive for the purpose of developing a single family residential
subdlVislOn. Ms. Trujillo stated that the subject property IS currently vacant with surrounding
land use consIsting of vacant land with low density residential to the north and residential and
light industnal to the east. The requested change in zoning is consistent with the
Comprehensive Plan for the area. Staff recommends approval.
In answer to \'ice-Chalrman Garza's question, Faryce Goode-Macon stated there is not
a plan available currently for the extension of Los Robles Street. Ms. Goode-Macon stated the
dramage wdl be addressed at the tIme of plattmg.
PublIc hearing was opened
No one was present in favor or oppositIOn
Public hearing was closed.
MotIon for approval of the "R-l C" was made by Commissioner Salazar and seconded
by Commissioner Braselton. Motion passed unanimously with Commissioner Pusley opposing
the vote
'iU SIRS _SFI{VU USERSIPL\J-UIR.)11AREDBI-VERlY\200G CC\,JULY070G-03MINUTES EXCERPT.DOC
AN ORDINANCE
AMENDING THE ZONING ORDINANCE, UPON APPLICATION
BY FERNANDO ZAMBRANO, BY CHANGING THE ZONING MAP IN
REFERENCE TO A 24.046 ACRE TRACT OF LAND OUT OF LOT 2,
SECTION 6, BOHEMIAN COLONY LANDS, FROM "R-1 B" ONE-
FAMILY DWELLING DISTRICT TO "R-1C" ONE-FAMILY DWELLING
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 Fernando Zambrano, for amendment to
the City of Corpus Christi Zoning Ordinance and Zoning Map;
W"REAS, with proper notice to the public, public hearings were held on Wednesday,
July 12, 2006, during a meeting of the Planning Commission, and on Tuesday, August
22, 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
WHIRIAS, the City Council has detennined that this amendment would best serve
pubJic health, necessity, and convenience and the general welfare of the City of Corpus
Christi and its citizens.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is
amended by changing the zoning on a 24.046 acre tract of land out of Lot 2, Section 6,
Bohemian Colony Lands, located on Greenwood Drive, approximately 2,000 feet north
of Saratoga Boulevard, from "R-1 B" One-family Dwelling District to "R-1 C" One-family
Dwelling District. (Map 050038) (Exhibit)
SECl'IQN 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.
SEClION 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.
SEClION 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.
~._.
Page 2 of 3
SICTION 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 22nd day of August. 2006.
ATTEST:
CITY OF CORPUS CHRISTI
Henry Garrett.
Mayor, City of Corpus Christi
Armando Chapa
City Secretary
APPROVED: August 16.2006.
~~ Jj{Cflr/li!c
Gary W. Smith
Assistant City Attorney
For City Attorney
H :\LEG-DIR\Shared\GaryS\agenda\2006\08-22\0706-Q3 Fernando Zambrano Reg.doc
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Page 3 of 3
Corpus Christi, Texas
"_ day of ___,2006
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance, an
emergency exists requiring suspension of the Charter rule as to consideration and
vottng 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
Meloay Cooper
Jesse Noyola
Mark Scott
H:\lEG-DIR\Shared\GaryS\agenda\2006\Oa-22\0706-03 Fernando Zambrano Reg.doc
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III
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ENGINEERING
Ju.. 20, 1006
Job No. 4N11..A4.01.
Exltibit A
RaoDed to MR_} C"
State ofTeus
COIIDty or Nueeu
Ji'ieJdootes tor a 24.046 acre net of land rezoDCd to "R-IC" out of Lot 2, Section 6, Bohemian
Colony Lauds, a map ofwbich is recorded in Volume A, Page 48, Map Recorda orNueces County, Texas;
said tract being morc fully descnDed by metes and bounds as roJJr;)WS:
Beghming at a point on the centerline of Greenwood Drive, a public roadway, for the east Comer
ofltJis 1nct from which point the south corner of Lot I, Block H, Las Palmas Unit 2, Section 1, a map of
which is recorded in Volume 23, Paee 68, Map Records ofNueee$ County, Texas, be.rs North 290:20'00"
East 252.00 feet thence, North 6004()'OO" West 40.00 feet; .
Thence, South 29020'00" West, along the centerline of said Greenwood Drive, a distance of
I,J 016 feet for the south comer of this tract:
Thente, North 60D40'00" West, a distance of 1]65.37 feet for the west comer of this tract;
Tbence, North 28000'00" East, a djstance of 504.16 feet, for a earner of this tract;
Thence, South 60040'00" East, a distance of 13'.97 feet for a comer oflbis tract;
Thence, North 83030'00" East, a distance of 80.48 feet for the point OfCWVArun: ora circular
curve to the left whose radius point bears North f)6Q30'OO" West 482.85 ktt, having a central angle of
14010'00". a radius of 482.85 feet, a tangent length of 60.00 teet and an arc length of] 19.39 feet;
Thence, along said circular curve to the left, an l'lrC length of 119,83 fuet f()l'the point of tangency
- I>r a comer ofthi.'l tract;
Then~ North 69020'00" East, a distance 0(82-50 feet for a comer oftl1is tract;
Tbtlllce, Nonh 29020'00\\ East, a distance of .343.57 rut for the DDrth comer ofrhis tract;
Tbnee, South 6OQ40'01 If East, a distnCt: of 428.45 ~et for a comer Qfthis tract;
Tbe.ee, South 2~20tOOt> West, a distance of23,OO k-et for a comer ofthi~ tract.;
Then~e, South 60040'0 I" East, II distance of 4 I 1. 19 feet to tbe Point of Beginning and containing
.2-4,0% acres of land.
Bea.ringJ are based on the recorded plat of Las Palmas Unit 2, Section I, a map ofwfJich is
rotOrded in Volume 23, Page 68, Map Records ofNueces Count)', Texas.
Unless this field notes description> including preamble, seal and signature, appears in rt:s entirety,
in its original form surveyor assumes no responsibility for its accuracy
~t=t s..o- 6 (b(P - D3
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Dan L. Urbaa, R.P.L.S.
Lkense NO. 4710
(2)0 I Jt)~JH~ 10 I 2/25 SW/)'NTi'>JF.R DR . CORPUS CHRISTL TEXAS 78f.l0.4
S:'.1I.veying\4Of.21 \A60 1 \RZ40421A601B.doc moll@urbaneng,Corn
FAX (361)854-600l
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DATE:
August16,2006
TO:
Honorable Mayor and City Council
FROM:
Faryce Goode-Macon, A~~sistant Director of
Development Services /f II" \.~
Neighborhood Meeting for Cross Roads Builders Zoning
Case # 0606-05
SUBJECT:
On July 25th, City Council directed staff to meet with the neighborhood to get
additional input on zoning case 0606-05. Two weeks prior to the meeting staff
oontacted each property owner within 200 feet of the subject property by letter
inviting them to the meeting at Ella Barnes Elementary School, 6:30 p.m. on
Thutsday, August 10, 2006. Seven neighborhood residents, four Cross Road
Builders representatives and two city staff attended.
Concerns raised by the seven residents attending were noise, height of buildings,
affect on property values, traffic, landscaping and fencing.
It was concluded that the applicant would redesign the driveway at the north end
of property to eliminate the dead end portion the driveway next to the fence.
All attendees were reminded that the case would go before City Council for
action on August 22, 2006.
Attachments:
Minutes of the Neighborhood Meeting
Revised Site Plan 8-16-06
REPORT ON NEIGHBORHOOD MEETING FOR
ZONING CASE NO. 0606-05 -CROSS ROADS BUILDERS
Thursday, August 10, 2006, 6:30 p.m.
Ella Barns Elementary School Cafeteria
2829 Oso Parkway
Listed below is a summary of comments received at the meeting:
· Faryce Goode-Macon, Acting Assistant Director of Development Services
opened the meeting by welcoming those attending. Ms. Goode-Macon briefly
presented the staff position indicating that staff is recommending approval of a
*R-2" Multiple Dwelling District with a "PUDlO Planned Unit Development c>verlay
for the site. Ms. Goode-Macon also explained the five conditions contained in
the recommendation.
· Joe Garcia, representing Cross Roads Builders introduced himself as the
project designer and Victor Medina as the surveyor for the project. Mr. Garcia
also introduced the property owners.
· Mr. Garcia provided a site plan and explained how the development of the
property would occur if approved as proposed. Mr. Garcia explained five
buildings are proposed with four townhouses in each building. Each building
would have two single and two, two story units. The buildings have been
moved as far as possible away from the existing residences in the Windsong,
Subdivision and placed along the east edge of the property next to the
drainage ditch. Buildings would be 16 feet apart. Placing the buildings along
the east side of the property allows a 51 foot buffer between the buildings and
the west property line (11foot buffer yard, 20 driveway and 20 building setback)
next to the Wind song Subdivision.
· Mr. Garcia explained that live oak trees would be planted on 50 foot centers
along the west property line in order to add to the buffer between the
development and Windsong Subdivision.
· One of the residents asked if a fence would be installed. Mr. Garcia explained
that a new fence is planned that would be a combination of wood and stucco
columns.
· A resident asked if speed bumps would be installed on the entry way drive to
slow traffic. Mr. Garcia said that no speed bumps are planned but the home
OlNners association could require them at some future point if traffic speed was
a problem. The owners do not think that traffic speed will be a problem since
trafflc will have to stop to enfer this gated devefopment.
Neighborhood Meeting Zoning Case 0606-05
August ]4, 2006
Page 2
· Wind song Subdivision property owners were concerned that the development
would decrease the values of their single family homes. Mr. Chad Fitch of
Cross Roads Builders, responded by saying that an independent appraisal had
been preformed by the lender indicating that the development would appraise
at about $104 per square foot. Sales price for the units would range between
$165,000 and $180,000.
· A resident indicated a concern about dumpster locations and the noise that
trash pick up from a dumpster would create. Mr. Garcia indicated that the
property owners would use individual trash dumpster rather than large
dumpsters found at apartment complexes.
· A neighborhood resident requested that the dead end driveway next to the
northwest edge of the property be removed and shown as a landscaped strip.
Mr. Garcia indicated he would redraw the site plan to show the change.
· A neighborhood resident asked the builder if he has any experience in
developing town homes. The builder indicated he has a town home project
underway on Padre Island off of Gypsy Street.
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AGENDA MEMORANDUM
PUBLIC HEARING.- ZONING (City Council Action Date: 7/25/06)
C. No. 0606-05. Cross Road Builders: From a "F-R" Fann-Rural District to a "R-2" Multiple
Dwelling District with a"PUD-2" Planned Unit Development 2 Overlay, in Sunshine Acres, a portion
afRlock II, Lot 13, located on the north side of Wooldridge Road and approximately 1,200 feet west
of Rodd Field Road.
PI.ailll! Commission and Staffs Recommendation (6128106): Approval of the "R-2" Multiple
Dwelling District with a "PUD-2" Planned Unit Development 2 Overlay subject to the submitted site
plan for 20 townhouses and the following five (5) conditions:
1. Beil!ht: Buildings shall not exceed two stories.
2. Li2htinl!: Outdoor lighting shall be directed away from adjacent single family residential
neighborhoods with no more than moon light (two lumens) at the property lines of the property.
3. LandscaDinl!: In addition to compliance with Article 27B, Landscape Regulations, the subject
property shall provide low shrubs and minimum three inch caliper live oak trees placed on fifty
foot centers within ten feet of the western property line, but not within a utility easement.
4. Screeninl! Fence: A solid screening fence with a height of not less than six (6) feet must be used
along the western and northern property lines, constructed of wood with stucco columns every
twenty (20) feet.
5. Time Limit: Construction of the townhouse project shall commence within two (2) years from
the approved ordinance date of the "R-2" / "PUD-2" overlay and construction shall be completed
within five (5) years from the approved ordinance date of the "R-2" / "PUD-2" overlay, or the
PUD-2 expires.
Re.ested Council Action: Approval of the "R-2" Multiple Dwelling District with a "PUD-2"
Planned Unit Development 2 ..werlay subject to the submitted site plan for 20 townhouses and the five
(5) conditions and adoption of the attached ordinance.
Pur.se of Request: To develop 20 townhouses in five buildings.
Sum-arv:
· The Request: Applicant is requesting a change of zoning to a "R-2" Multiple Dwelling District with
a "PUD-2" Planned Unit Development 2 overlay for the development of 20 townhouses to be
contained in five fourplexes. The townhouses will be a mix of one and two story units ranging in size
from 1,500 to 1,770 square feet.
· A residential "PUD-2" Planned Unit Development overlay is only permitted in "R-IB", "R-2",
"A-I", "A-IA", and "A-2" residential districts throughout the city. The subject property will also
need the zoning changed to "R-2" Multiple Dwelling District to allow the "POD 2", Planned Unit
Developments are not pennltted in the "F-R" Farm Rural District.
Agaada Memorandum
Case No. 0606-0S (Cross Road Builders)
Page Two
· Transportation: Access to Wooldridge Road, a two lane rural roadway, is proposed. Wooldridge
Road is a designated collector street on the Urban Transportation Plan and included in the 2004 Bond
Program. Improvements to Wooldridge Road are funded and scheduled for completion by June 2008.
The improved cross section will include four through lanes.
· Comprehensive Plan Compatibility - The future land use plan map recommends low density
residential uses and the Comprehensive Plan policies encourage "infill" development.
· The "R-IBn District surrounding the property allows 7.26 units per acre or 18 units on this 2.48 acres
site. The applicant is proposing a density of7.92 units per acre with this Planned Unit Development.
· The applicant proposes to locate the townhouses next to the existing drainage ditch along the eastside
of the property with the parking area and private road to the west. As part of the PUD plat the
applicant has dedicated additional drainage ditch right-of-way and a maintenance access easement.
No.cation: Of the fifty-two (52) notices mailed to the surrounding property owners, zero (0) were
retumed in favor and twenty-eight (28) were returned in opposition for a total of 28.5% in opposition.
The 20.,4 rule is invoked. This case is considered controversial.
~~
Michael N. Gunning, AICP
Acting Director of Development Services
MG/FGM/blp
Attaalnaents:
1 ) Zoning Report
2) Zoning Map
3) Site Plan
4) Subdivision Plat
5) Planning Commission Minutes (6/28/06)
f) ) Ordinance
H .\PLN-DIR\SHARBD\GAIL\ WORD\AGENDMEM\2006\June\0606-05 AGENDAMEMO.doc
....... .'....
CITY COUNCIL
ZONING REPORT
Case No.: 0606-05
City Council Hearing Date: July 25,2006
~ = Applicant: Cross Road Builders
C)
- ;: Owner: Same as applicant
.~l~ Agent: Joe L. Garcia
- ~ Legal Description/Location: Sunshine Acres, a portion of Block 11, Lot 13, located on the
c. . rJ
~ Q north side of Wooldridge Road and approximately 1,200 feet west of Rood Field Road.
.rl From: "F-R" Farm-Rural District
To: "R-2" Multiple Dwelling District with a "PUD-2" Planned Unit Development 2 Overlay
Area: 2.48 acres
N.: Purpose of Request To develop 20 townhouses in five buildings.
---~--- Existing Land Use Future Land Use
"0 Zoning
= ~- , "F-R" Farm and Rural Undeveloped land Low-density residential
~
~ I District
"0
= North "R-IB" One-Dwelling Low-density residential Low-density residential
~
bJl District
.$ I _.-,-
South "R-l B" One-Dwelling Low-density residential Low-density residential
~;;;l District
N .-
bJl East "R-IB" One-Dwelling Drainage ditch and Low- Drainage ditch and Low-
= District density residential density resid~ntial
..
... --,,-
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.. West "R-IB" One-Dwelling Low -density residential Low-density residential
~
~ District
1----- ---.- --_.--~_.-.--...- ... --..- --------.-.----...
~i Area Development Plan: Southside- The future land use map recommends low-density
residential uses for the subject property.
Map No.: 041033
~. Zoning Violations: None
~>
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loniag Report
Ca&4tNo.0606-OS (Cross Road Builders)
Page 2
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· Applicant is requesting a change of zoning to a "R-2" Multiple Dwelling District with a
"PUD-2" Planned Unit Development 2 overlay for the development of 20 townhouses to be
contained in five fourplexes. The townhouses will be a mix of one and two story units
ranging in size from I ,500 to 1,770 square feet
· A residential "PUD-2" Planned Unit Development overlay is only permitted in "R-IB", "R-
2", "A-I", "A-IA", and "A-2" residential districts throughout the city. The subject property
will also need the zoning changed to "R-2" Multiple Dwelling District to allow the "PUD 2".
Planned Unit Developments are not permitted in the "F-R" Farm Rural District.
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· Access to Wooldridge Road, a two lane rural roadway, is proposed. Wooldridge Road is a
designated collector street on the Urban Transportation Plan and included in the 2004 Bond
Program. Improvements to Wooldridge Road are funded and scheduled for completion by
June 2008. The improved cross section will include four through lanes.
· The "R-IB" District surrounding the property allows 7.26 units per acre or 18 units on this
2,48 acres site. The applicant is proposing a density of 7.92 units per acre with this Planned
Unit Development.
· The applicant proposes to locate the townhouses next to the existing drainage ditch along the
eastside of the property with the parking area and private road to the west. As part of the
PUD plat the applicant has dedicated additional drainage ditch right-of-way and a
maintenance access easement.
· Comprehensive Plan Compatibility - The future land use plan map recommends low density
residential uses. However, the Comprehensive Plan policies encourage "infill" development
for greater efficiency with regard to delivery of city services.
Street
Type
Paved Section
Traffic
Volume
(2001)
1,700 a.d.t. at
the approach
to Airline
Road
Wooldridge Road
Arterial
County Road Section with 24
feet of pavement
.! I.. The applicant has submitted a plat of the property as required for approval of a Planned Unit
~ (/j Development 2 ("PUD-2").
~..,~<
Zoniag Report
CaseNo.0606-0S (Cross Road Builders)
Page 3
The subject property is a narrow 150 foot wide remnant of land from a single family
subdivision. Due to the narrowness, depth of property and lack of access from adjoining
subdivisions, single family use would be an inefficient development of the property.
The Planned Unit Development (PUD) concept is a recognition that, at times, greater quality
of development can be achieved by permitting modification of established zoning and
subdivision regulations and that when property is planned and developed as a unit,
modification to nonstandard regulations is possible without endangering the health, safety
and general welfare of the public. A PUD is a tool that solves specific land development
issues and allows for the implementation of special development concepts.
On June 28, 2006 the Planning Commission approved the attached plat subject to approval of
the PUD rezoning.
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Approval of the "R-2" Multiple Dwelling District with a "PUD-2" Planned Unit Development 2
Overlay subject to the attached site plan and approved plat for 20 townhouses and the following
conditions:
l. Hei2ht: Buildings shall not exceed two stories.
2. Li2htin2: Outdoor lighting shall be directed away from adjacent single family residential
neighborhoods with no more than moon light (two lumens) at the property lines of the
property
3. Time Limit: Construction of the townhouse project shall commence within two (2) years
from the approved ordinance date of the "R-2" / "PUD-2" overlay and construction shall be
completed within five (5) years from the approved ordinance date of the "R-2" / "PUD-2"
overlay, or the PUD-2 expires.
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Approval of the "R-2" Multiple Dwelling District with a "PUD-2" Planned Unit
Development 2 Overlay subject to the attached site plan for 20 townhouses and the above
conditions, plus two additional conditions:
LandscaDin2: In addition to compliance with Article 278, Landscape Regulations,
the subject property shall plant low shrubs and minimum three inch caliper live oak
trees placed on fifty foot centers within ten feet of the western property line, but not
within a utility easement.
Screenin2 Fence: A solid screening fence with a height of not less than six (6) feet
must be used along the western and northern property lines, constructed of wood with
stucco columns every twenty (20) feet.
l.=".~~,_~.~~~._~~. ...
ZoniBg Report
Case No.0606-05 (Cross Road Builders)
Page 4
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Number of Notices Mailed: 56
Favor: 0
Opposition: 28
(As of July 6, 2006)
Attacthments: Zoning Map
Site Plan
Subdivision Plat
,~"' ._,
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12J UN06/HK
F-R Farm Rural District
RE Residlntial Estate District
RA One Ftmily Dwelling District
R-1A One ftrnily Dwelling District
R.1B One Ftrnily Dwelling District
R-1C One Ftmlty Dwelling District
R.TH Townlouse Dwelling District
R.2 Mult. Dwelling Di$trict
T,1.il, Tr1i!vetTrailer p!!rk I"listrict
T -1 B Manuflctured Home Park Dist
T.1C Man.tUNd Home
Sub.ision District
Case No. Z0606-05
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
PUO 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
...
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MINUTES
REGULAR PLANNING COMMISSION MEETING
Council Chambers- City Hall
Wednesday - June 28, 2006
5:30 P.M.
IV. ZONING
New Zonmg
a. Case No. 0606-05 and Plat 0606123-P058
Cross Roads Builders: From a "F-R" Farm-Rural District to a
"R-2" I "PUD-2" MultiDle Dwelling DistrictIPlanned Unit DeveloDment - 2
Sunshine Acres, a Portion of Block 11, Lot 13, located on the north side
of Wooldridge Road and approximately 1,200 feet west of Rodd Field
Road
Robert Payne presented the above subject property (a new application from the request
submitted in April, 2006) requesting a change in zoning to a "R-2" I "PUD-2" Multiple Dwelling
DistrictIPlanned Unit Development - 2 for the purpose of development of twenty (20) townhouses
comprising of five (5) buildings. The surrounding area consists oflow-density residential with the
future land use map recommending the same. The townhouses will consist of one (1) and two (2)
story units ranging from 1,500 to 1,770 square feet on 2.48 acres.
The applicant proposes to locate the townhouses next to the existing drainage ditch along the east
side of the property with the parking area and private road to the west. There were fifty-two (52)
notices mailed out with zero returned in favor and 28% returned in opposition. In view that this is a
narrow 150 foot wide remnant of land making single family use an inefficient use of the property,
Staff recommends approval subject to a site plan and the following conditions:
t. Heie:ht: Buildings shall not exceed two stories.
2. Lie:htine:: Outdoor lighting shall be directed away from adjacent single family
residential neighborhoods with no more than moon light (two lumens) at the property
lines of the property.
3. Time Limit: ConstructIOn of the townhouse project shall commence within two (2)
years from the approved ordinance date of the "R-2" / "PUD-2" overlay and
construction shall be completed within five (5) years from the approved ordinance date
of the "R-2" with a "PUD-2" overlay, or the PUD-2 expires.
In answer to CommIssioner Pusley's question, Mr. Payne stated that the rear portion of
the townhomes will back up to the Windsong residential development and the drainage ditch and
currently there is no fencing requirement for this project.
Public heanng was opened.
Joe Garcia (representing Cross Road Builders), 4626 Weber Road, Corpus Christi, Texas
stated that the proposed townhome development is comprised of a 150 foot wide piece of
property, 600 feet in depth with four (4) plexes with five (5) buildings.
..... '...-
Planning Commission Minutes
Case No. 0606-05 (Cross Road Builders)
Page Two
There wIll be two story umts in the center of the development with single story units on the
outside wIth Identical buildings made of stucco and 30-year composite roofing. Fencing will be
around the gated complex with a homeowners association in place to take care of all maintenance.
There WIll not be a dumpster location as all trash will have individual private pick up. Infill
development for the City has been requested and it is possible on this piece of property.
In answer to Commissioner Huerta's question, Mr. Garcia stated there will be a
separation of sixty (60) feet from the residential development.
In answer to Commissioner Pusley' s question, Mr. Garcia stated the neighborhood
associatIOn will be collectIng dues and each unit will be owner occupied. Regarding the fencing,
Mr. GarcIa stated that It wl11 be a six (6) foot wood fence with stucco columns every twenty (20)
feet.
MIguel Saldana stated that the drainage easement is approximately 120 feet in width.
Regarding the landscapIng, Mr. Garcia stated that the strip outlined on the site plan is
intended to be a landscape strip with low shrubs and trees. This will help to screen the separation
between the townhomes and the residential area.
Miguel Saldana stated there is a fifteen (15) foot utility easement along the west property
line so trees would not be recommended in that area.
Mr. Garcia stated the intent IS to put the utility easement below the drive areas in the
development along with installation of a fire hydrant. The far west side will be dedicated to the
landscapIng with the east SIde servmg the utllity easement.
Jon Keith, 2422 Wmdsong, Corpus Christi, Texas stated that the first time notification
was receIved regarding this case m April, there were seventy-five notices in opposition. With this
case, there were some neighbors that did not receive notification.
Mr. Keith stated that hIS reSIdence was purchased twenty-one (21) years ago and at that
time there was a vacant lot at thIS location and was told that the land would stay vacant and not be
developed. Mr. KeIth stated his opposition to the construction of this development. This is a
very narrow area whIch includes a large drainage ditch. The whole area is surrounded by single-
family residential hOUSIng that opposes the constructIon ofthis multi-family development.
Regardmg the landscaping, there is no space to put trees in the area.
Barry Dalton, 2429 Windsong, Corpus Christl, Texas stated that this is a tiny piece of
land and was built on a one hundred (100) year flood plain. The floor plan is very deceiving as to
what it actually is. Mr. Dalton stated he was also told that It would never be developed.
PatriCIa TruJIllo, 2430 Windsong, Corpus Christi, Texas stated the property was
purchased as a retirement home a year ago. Due to the information received that no development
would occur on the adjoining property, wall-to-wall windows were installed overlooking my back
yard. With the development of these townhouses, there will be no privacy available to me and
the resale value of the property would not equal what has been spent on the property. Ms.
Trujillo stated that there is a very old bridge located on Wooldridge near the drainage ditch which'
IS not safe and there will be a prohlem wltn emergencv vehicles accessing this development.
~
Planning Commission Minutes
Case No. 0606-05 (Cross Road Builders)
Page Three
Mary Myress, stated her property is located across the ditch on Woodway Drive and
stated opposition to two (2) story buildings looking into her property. The residents on Cimarron
Drive have been very unhappy with the apartment development that was built next to a residential
development in their area which is similar to what is being proposed here. Also, Wooldridge
Road is very narrow and won't be fixed until at least 2008. There will also be increased traffic
with this development.
Public hearing was closed.
Commissioner Braselton stated that the development would only improve the property as
it IS now. Additionally, the price of the townhomes will be pretty substantial and similar to the
ones that are very nice which are located on Airline Road.
Commissioner Sala2'M stated that with the size of the property, this is probably the only
thing that could be done with the property. Otherwise, the property would just stay vacant, and
for the property owner, that would not be an option. With 1600 square feet townhouses, I don't
see the de-evaluation. This is something supported by Staff and will be a gated community with
certain conditions to be placed upon it.
In answer to Commissioner Pusley's question regarding drainage, Mary Frances Teniente
stated that the plan improvements do not require an additional drainage easement dedication.
There is a need for a small part of parcel acquisition at the comer of the ditch for access and that
is being worked out with the developer.
Commissioner Pusley stated that Mr. Garcia has submitted a nice plan but also very
sympathetic to the neighbors.
In answer to CommIssioner Huerta's question, Mr. Garcia stated that with the size of the
property, no developer would do a single family residential development. A flagged lot design
would only accommodate two (2) to three (3) homes.
Motion for approval of a "R-2"/"PUD-2" Multiple Dwelling DistrictIPlanned Unit
Development- 2 was made by Commissioner Martinez and seconded by Commissioner
Braselton subject to a site plan and the following conditions:
1. Hei2ht: Buildings shall not exceed two stories.
2. LigWino: Outdoor lighting shall be directed away from adjacent single family residential
neighborhoods with no more than moon light (two lumens) at the property lines of the
property .
3. Time Limit: Construction of the townhouse project shall commence within two (2)
years from the approved ordinance date of the "R-2" I "PUD-2" overlay and construction
shall be completed within five (5) years from the approved ordinance date of the "R-2" I
"PUD-2" overlay, or the PUD-2 expires.
4. Screeninf! Fence: A six (6) foot wood fence with stucco columns every twenty (20) feet.
5. LandscaDiDl~: Landscape strip to the east consisting of low shrubs and live oak trees of
three (3) inch caliper placed fifty feet on center.
-.....'-....
Planning Commission Minutes
Case No. 0606-05 (Cross Road Builders)
Page Four
Motion passed unanimously with Commissioners Huerta and Pusley voting no and
Commissioners Stone and Zamora being absent.
Plat No. 0606l23-P058
Sunshine Acres. Block 1. Lot l3R (Final Re~lat - 2.50 Acres)
Located north of Wooldridge Road and west of W oodway Drive,
both west of Rodd Field Road.
Miguel Saldana stated that the plat had been submitted for approval and the applicant is
working on the easement drainage ditch. Staff recommends approval.
Motion for approval of plat was made by Commissioner Martinez and seconded by
CommIssioner Salazar. Motion passed unanimously with Commissioners Huerta voting no,
Commissioner Pus ley being out of the room and Commissioners Stone and Zamora being absent.
~..._-
AN ORDINANCE
AMENDING THE ZONING ORDINANCE, UPON APPLICATION
BY CROSS ROAD BUILDERS, BY CHANGING THE ZONING MAP IN
REFERENCE TO SUNSHINE ACRES, A PORTION OF BLOCK 11, LOT
13, FROM "F-R" FARM-RURAL DISTRICT TO "R.2" MULTIPLE
DWELUNG DISTRICT WITH A "PUD-2" PLANNED UNIT
DEVELOPMENT 2 OVERLAY, SUBJECT TO A SITE PLAN AND FIVE
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 1 51 Community Bank, 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,
June 28,2006, during a meeting of the Planning Commission, and on Tuesday, July 25,
2001 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
W"REAS, the City Council has determined that this amendment would best serve
pubic health, necessity, and convenience and the general welfare of the City of Corpus
Chriati and its citizens.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
COIIPUS CHRISTI, TEXAS:
SEQ'I"ION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is
ameflded by changing the zoning on Sunshine Acres, a portion of Block 11, Lot 13,
located on the north side of Wooldridge Road and approximately 1 ,200 feet west of
Rodcd Field Road from "F-R" Farm-Rural District to "R-2" Multiple Dwelling District with a
"PUD-2" Planned Unit DeVelopment 2 overlay, as shown on the attached Exhibit and
subject to the following five conditions: (Map 041033)
1 ....itht: Buildings shall not exceed two stories.
2. .Ljgf1t;ng: Outdoor lighting shall be directed away from adjacent single family
rE16identiaI neighborhoods with no more than moon light (two lumens) at the property
lines of the property.
3. I r~caDlng: In addition to compliance with Article 27B, Landscape
Rtgulations, the subject property shall plant low shrubs and minimum three
inch caliper live oak trees placed on fifty foot centers within ten feet of the
western property line, but not within a utility easement.
"Il!II!IP',...~
Page 2 of 4
4. .creenlng Fence: A solid screening fence with a height of not less than six
(6) feet must be used along the western and northern property lines,
constructed of wood with stucco columns every twenty (20) feet.
5. Time Limit: Construction of the townhouse project shall commence within two (2)
years from the approved ordinance date of the "R-2" / "PUD-2" overlay and
construction shall be completed within five (5) years from the approved ordinance
date of the "R-2" / "PUD-2" overlay, or the PUD-2 expires.
SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is
am4tnded to reflect the amendment to the Zoning Ordinance made by Section 1 of this
ordtnance.
SEeTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi,
TeXIS, approved on the 27th day of August, 1937, as amended from time to time,
eXC4tpt as changed by this ordinance and any other ordinances adopted on this date,
remein in full force and effect.
SECTION 4. That to the extent that this amendment to the Zoning Ordinance
represents a deviation from the Comprehensive Plan, the Comprehensive Plan is
amended to conform to the Zoning Ordinance, as amended by this ordinance.
SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance
are hereby expressly repealed.
SECTION 6. A violation of this ordinance or requirements implemented under this
ordinance constitutes an offense punishable under Section 1-6 of the City Code of
Ordl1ances.
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
mealure on this 25th day of July, 2006.
ATTEST:
CITY OF CORPUS CHRISTI
Henry Garrett.
Mayor, City of Corpus Christi
Ar",."do Chapa
City Secretary
H"\LEGoOIR\Shared\GaryS\agenda\2006\07-25\0606_05 Cross Road Builders reg.doc
Page 3 of 4
AJlPROVED: July 19, 2006.
~~
ary .. . Smith
ASlistant City Attorney
For City Attorney
H:\LEG-OIR\Shared\GaryS\agenda\2006\07_25\0606-05 Cross Road Builders reg.doc
......... .......
Page 4 of 4
CotpU8 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
e.".-gency exists requiring suspension of the Charter rule as to consideration and
votiRg upon ordinances at two regular meetings. Ilwe, therefore, request that you
suspend said Charter rule and pass this ordinance finally on the date it is introduced, or
at the present meeting of the City Council.
Respectfully,
Respectfully,
Henry Garrett
Mayor, City of Corpus Christi
COUf'lcil Members
The above ordinance was passed by the following vote:
Henry Garrett
Brent Chesney
John Marez
Jerry Garcia
William Kelly
Rex A. Kinnison
Melcxty Cooper
Jesse Noyola
Mark Scott
H:\LEOOIR\Shared\GaryS\agenda\2006\07-25\0606-05 Cross Road Builders reg.doc
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37
NO ATTACHMENT FOR THIS ITEM
38
''''ll'~''''''''''
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date August 22, 2006
AGENDA ITEM: Resolution authorizing the City Manager or his designee to execute a two-
year Agreement with the City of Corpus Christi and the Corpus Christi Downtown
Management District in the annual amount of $80,073 for assistance provided in downtown
deYelopment and redevelopment activities for FY 2005-06 and FY 2006-07.
ISSUE: Over the past several years, the City has provided funds to assist the Downtown
Management District's development and redevelopment activities in the downtown area.
The FY 2005-06 and FY 2006-07 City budgets contain $80,073 respectively, for this
purpose
REQUIRED COUNCIL ACTION: Passage of motion to authorize the execution of this
agreement
PREVIOUS COUNCIL ACTION: The Agreement was previously approved by City Council
on April 27. 2004 for fiscal year 2004-2005.
FUNDING: Funds for the Downtown Management District have been budgeted for the
2006-2007 fiscal year
COIICLUSION AND RECOMMENDATION: Staff recommends authorization to execute
the agreement
C7-~{~v
Irma Caballero
Director of Economic Development
Attachments
1 Agreement
....... .-
BACKGROUND INFORMATION
In Fiscal Year 2004-2005, the City of Corpus Christi and the Corpus Christi
Downtown Management District desired to enter into an Agreement pursuant to the
Interlocal Cooperation Act to provide for downtown Corpus Christi redevelopment.
The District would assist the City in its downtown development and redevelopment
activities and coordinate its activities with the City.
The City agreed to pay to the District the sum of $80,073 for work performed during
fiscal Year 2004-2005 upon receipt and approval of the annual report provided by
the District which would describe each project undertaken, its status, and amounts
expended on each project.
The Distnct agreed to record revenues, expenditures, and a balance sheet on a
monthly basis, and submit such records to the City on a quarterly basis. The District
would also provide for the City prepared financial statements in accordance with
Generally Accepted Accounting Principles and an audited financial statement with
supporting documents upon completion.
The annual report for 2005-2006 shall be provided to the City by August 30, 2006.
The Interlocal Agreement for 2006-2007 incorporates the District's request to meet
at least quarterly with the Mayor and or District's Councilmember representative.
The Agreement adds the following performance requirements:
1. The number of commercial establishments located within the boundaries of
the District increases from the previous fiscal year; and
2. The cleanliness landscaping, event activities, marketing and park
enhancements projects currently underway continue.
Upon approval of this agreement, District will receive payment for 2005-2006 and
first quarterly payment for 2006-2007.
..............."......,.
RESOLUTION
AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
EXECUTE A TWO-YEAR INTERLOCAL COOPERATION AGREEMENT
WITH THE CORPUS CHRISTI DOWNTOWN MANAGEMENT DISTRICT
IN THE ANNUAL AMOUNT OF $80,073 FOR ASSISTANCE IN
DOWNTOWN DEVELOPMENT AND REDEVELOPMENT ACTIVITIES
FOR FY 2005-06 AND FY 2006-07
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SICTION 1. The City Manager or the City Manager's designee is authorized to
execute a two year interlocal cooperation agreement with the Corpus Christi Downtown
Management Distnct in the annual amount of $80,073 for assistance in downtown
development and redevelopment activities. A copy of the interlocal cooperation
agreement is attached.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Henry Garrett
Mayor
APPROVED:
1"7 ,2006.
Lisa Aguilar
Assistant City torney
for City Attorney
Downtown Mgt District doc
~..''''lIlI'''
rNTFRI ()(i\J. AGRFEMEN'r
I hIs Interk'caJ Agreement (the "AgrccmelU"', is made between the Corpus Christi Downtown
\lanagemt>nt District (the"Dlstric('L -.:reated under Chapter 375 of the Texas Local Government Code,
me! the Cin ,dC\lrpus ('hrist. Texas ,the "City'"). a municipal corporation.
\\HEREAS. the Distncl and 1 he City JesJn? to enter II1to an Agreement pursuant to the Interlocal
\1operation \ct 10 pnl\idc fn downt<lwl1 ( 'nrpus Christi redevelopment (the "Project");
\:\HEREA-..,. the panIC' ackn\ wledge )oligatlOns under the agreement approved by City Council on
\pril27, =no-J. wlltinut'.j in fiscal \C,l!:. '?i!()-J.2005. and 2005-2(i()6:
'\ill\'v. therefore. in c\)t1sJderathm 01 tht mutual covenants in this t\grecment, the City and the District
; each, the' Party" autlH>ri/ed hy approprIate actions of their governing bodies, agree as follows:
SER VICES
District shall pn'\lde the 'ollo\\in:.! SCf"\iCCS to prnvide for the redevelopment of downtown Corpus
IhrIsti.
By \-lay i of each year. District shall prepare and deliver to Director of City Economic
Development office. a preliminary plan to deliver serVIces to Downtown Corpus Christi during next fiscal
\ car. "Do\\ntown ('orpus Christi" means the areas within the legal boundaries of the District. The
prel1minan plan must address 'ity Counci I goals for Downtown Corpus Christi, including plan to increase
(immerce In 1)0\\ nhWT (\)rl'LlS Chri"tlhc District agrees tei work in conjunction with the City to
dnelop wa\ s \0 encourage .me promok commerce in I )owntown ('orpus Christi. The District also agrees
: maintain e,'ntinue and enh,mce the \ llrr~'l1t level ot projects it is currently delivering: a) sidewalk and
" urb sweepIni:'. b) land~cap!Jnt c) ,'\ent actl\ lties: d) marketing. and e park enhancements; all of which
provide fOl.[ more pcde~tnan triendlY~l1\ iwnment and encourages commerce and retail. District shall
provide as final pLtn "j):an"") 1\1 Direct,)r 01 i ity Economic Development ofIice no later than August 1 of
'ach year, hlch u'ltJin~'~ the everall obieCll\~'S of the Distnct The Plan will describe the plan of action
rill lhe upc\'mmg \ ear including a line Item hudget and significant mitiatives. Opportunities to develop
,\immerce in Downto\\n Corpus Christl.\ill be specifically identified and included in the plan.
nlormation necessary L describe the DistriCt's e[[c)]"ts to help promote and encourage commerce in
h)\vntown C()rpus ChrIstl will be included as well.
: The Distnct agrees 1() assist the Cit\ III lh downtpwn development and redevelopment activities,
tnd coordinate its dctiv!tJes VvJ1h the (n\
.~ The DistrIct agrees I(l conlmue l1S lI1iSS!\lllto act as a catalyst to strengthen economic base of
)()\Vntown ('()rpu~ Chnsti thrcugh a) ensuring programs to improve image of Downtown Corpus
l hrIsti; b) me/ease attraeti\ eness throl!:i.h m:lintenancc. and c) assure cleanliness and safety of
)owntown ('orpus Chnsti
The ('ity agrees tp appe'mt a representative from the City to sene in advisory capacity to the
District's Board of Direclors.
.....;........,-
J.6 The (':ty agrees to h8\'e the I\1ayor and/or the District's City Council Representative meet with
Ill' District", Board 01 Direc'\)rs e\en quarter at the regularly scheduled Board of Director's meetings.
II. FINANCIAL REQUIREI'v1ENTS
The partIes agree clnd understand that funding under this Agreement is subject to annual appropriations
h the Cit) Council and that l'ach fiscal year's funding must be included in the budget for that year and is
/1\ '1 effect I \e unt! I approved hv the City Cc.unci!.
District must maintain revenue pnl\ided under this Agreement in a separate account established for
that purpose and may not commingle City funds with any other funds. The separate account is established
and clearly identi tied as General Fund and is budgeted for administrative expenses. Monies from other
District funds mav be transferred to the separate account to compensate for administrative budget so long
they are clearh identified ;ll1d the Board of Directors has approved the transferred.
Expenditures exceeding the total budgeted amount must be paid from clearly identified funds of
District Monies already expended by the District for activities in fiscal year 2005-2006 are not required to
h,.' kept in separate acC\'unL
, -t Interest earned un funds contributed to District by the City must be clearly identified, credited, and
rel1ected on the b\)oks as resuiting from such investment of such funds and the same shall be available for
Di strict use
..:,
['he parties agree that recei pt of these funds creates a fiduciary duty of the District.
2 c, District also shall provide an mderendent audit for expenditures of funds allocated under this
uo',reement for each ::ear hased on a fiscal year ending .Tul)' 31.
~ ~ A.ccounting records and the necessary independent audit also must conform to the accounting
standards as promulgated b~ the American Institute of Certified Public Accountants and to the
requirements of applicahle state law so as to include a statement of support, revenues and expenses, and
halance sheets for all funds.
: x Early reports of an independent audit of the Distnct's expenditures and revenues during the previous
fiscal year performed by a Cert lfied Public Accountant in accordance with Generally Accepted Accounting
Pnncipals (Gi\AP) shall be submitted to the City tv1anager \vithin ninety (90) days after the end of each
iiscal year that this Agreement is in effect
.:: Ii The bouL of account oftl1l' funds held b~ District shall be maintained in a form approved by the City's
J)nector 01 Finance and shall he available for Il1spection and copying by the Director, and his or her duly
authorized agents and representatives during regular business hours of District. Records shall be
maintained for at least 1, years after the expiration or termination of this agreement.
District's fiscal year begins August I and ends July 3 l.
i I
I> i II! () !'), '\j .\t'1!.L [): L])i:'1!,.I ~
Performance Rcpc;f1s Tlc Distflll \,111 periodically report 10 the City Council on the activities and
ork aeCt mpllsll,>d 'he Dstricl siBil m,lkc any specIal presentatj,)J1s or prepare specific reports if
'uuested llle 'lenner' nl he ( d\ COlll1lll within~O days of such request,
Anllual Rq)()rb Ihe Uistnct "hail provide City Manager written annual report on the
,)utcomes I d'the perfonnance measures presented in the plan for the previous year. The Annual Report
,hall be dlJl' "lthl'l >IXl' i ()Ol days "nlT tl1t.~ "!ld of each fiscal year that this Agreement is in effect.
rhl' I )lstnd ,lgrce" to ,1fo\'lde lhe (' 1\ ,,'jth an annual report for fiscal year 2005-2006 by August
2006, I IlL' annual rc~pwt shall d\:'sCl ibe c:tch project undertaken by the District in fiscal year 2005-2006,
provide proled Stt!tlh. ]Jld amlunts exnenckd on each project. City agrees to pay District the total sum of
'\>-;0,073 f(lI I iscal vcar ~(I! 16- '006 UP( III r~'l'l>lpt of thIS annual report l\)t' fiscal year 2005-2006.
[\ , I'L I\F().EM.\NC[~MEASt~gES~
Di"tl'llt sh,dl be JlTmeJ to hanl1wl Its perlcmmmce reqUIrements for a particular fiscal year if the
number of commercial establishments located within boundaries of the District increases from the previous
fiscal year: and if the cleanline'is, landscapmg. event activities. marketing and park enhancement projects,
~urrenth lHlderwa., continue
-I' In cOllSlderatlon I'or District's rerf,)J"mance under this Agreement. City agrees to pay District the
"um of$8(; 1)-; for \\ ork rnfcnl1ed JUl illg F i "cal year '006-2007, which amount shall be paid in quarterly
pavments.
\ Miscellaneous
;:, I Implementatiun, I he ('it: Manager and I'xecutive Director for the District are authorized and
directed to take all step..: n\..'cessary \'1' ClJI1\ enlentto implement this Agreement.
<~. Warrarm I'll S \f:TCement has be~n (lnicially authorized by the governing body of the City and
! he District and each slgnator to this. \greement guarantees and warrants that the signatory has full
lUthority t(l execute this'\grccment and to legally bind their respective party to this Agreement.
.:; i Admimstrativl' Ser~}ce_::;. I'he ( it> and :he District agree to provide administrative services
1ecessary to c' lord mate 'his A~'fecmen1. including pnniding the other party with a current list of
ol1tact information k)r each part;
,+ EXpendl!}>!, FUl1.Ci~ \11:, p~lymellt made h\ the District or the City for any of the costs or expenses
: hat either l:lcurs pursuant \u tins Agreement "hall be made out of current revenues available to the
":J\1l1g part" a" require(! h, the Interlocil ( ""'plTation\ct
.:; ..:; Term. (lnce <lppnvl'd hy tll Partlcs. the tl..'rm or thiS Agreement is August], 2006 through July
~007
"h Severabiti!.Y If any portion of this Agreement or its application to any person or circumstance,
shall ever be held to be inval1d or unc,)nstitutional by any court of competent jurisdiction, the
remainder ,)f this i\greement shall not he affected and shall continue to be enforceable in accordance
\\ lth its term'-
..:; -, Oral and Wntten 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
'~l~,~n reduced Ii) \\ rilint: and are cuntamed in this A..greement.
.; X Not for Benefit of Third Partie~. Ihis Agreement and all activities under this Agreement are solely
'(;1' the benefit uf the Parties and not the benefit of any third part\'.
.;; 9 Immunitv not Waived. Nothing ill this Agreement is intended, nor may it be deemed, to waive any
2Civemmental officiaL or <Jther immulllty or defense of any of the Parties or their officers, employees,
representatives. and agents as cl result ufthe execution of this Agreement and the performance of the
\:, \\enants contained in this AL!:reemenl.
" 10 Breacl.l\ny breach of this Agreement nmv or through the term shall render the Agreement null
and void.
.:. I I N9tices '\11\ J1()!]ce. correspondence ell' payment made pursuant to this Agreement must be made
h\ i a) depositing the same in the United States mail. postage prepaid, addressed as follows, or (b)
delIvering the same to the \lther Party. Any notice given 111 accordance with (a) shall be effective upon
deposit in the I !niled States mati. and the addresses of the Parties shall. until changed by written notice,
be as follo\\s
j c' Lhe Cit)
Cit; o! Corpus Chnsti
City Manager
P. O. Box 9277
Corpus Christi. Texas 78469-9:277
I ( the Distnct.
Corpus Christi !)o\,vntcwn 1\1anagement District
Attn: President
410 Peoples Street
Corpus C:hristi. Texas '840 I
5.12 Amendments or Counter]2arts This Agreement may not be amended except by written
:\greement approved by the governing bodies ~)fthe Parties. This Agreement may be executed in one
,)]' more counterparts. each of which shall he deemed an original all of which shall constitute but one
and the same instrument.
.;; 13 ModificatlOns. No officer or employee of any of the Parties may waive or otherwise modify the
terms in this Agreement. without the express action of the governing body of the Party.
C~i:~lL~~:, C~ur:t,:, c\ i"',j- . ;,';\111< (~'(L: \bicC11IL"11l dlL" i~Jt ',--UlIVl'lllcllce dllU s11all not be
~" .-
'Ilnsidereo !t1 the interpretation orthe D\'(l\islOnS,
;; GoveIllJ11gJ(1~Y_(j1J4\'eLue, rhl'\21LTment shall be governed by the laws of the State of Texas.
\ l'llUe tOI lJ (11.'111111 clllsin'-'. llldcr Ihis \1-'tl'l'l1lent shall he in accordance with the Texas Rules of Civil
!l'(Il:edure
'" I h AImL,)~'11 \ II Parties identified bell)\\ agree to the pro\'isions and lerms of this Agreement.
\ '( lRPliS ( H RISI [)! I\VVT )W,\ \L\ '\\ ( i FMENT n]STRICT
B\
Name:
l'nle
Date
'II Y OF (!lRPl S CHRIS],!
15\
George K, Nul'
(':t1' Manager
Date:
,\ nest
\rmando ( hapa
'J t \ Secret &\
:\pproved "s tll let'al fCITI
200(1
[1\
I, i sa Aguilar
Assistant (11: L\tt<,rne:
for C:ity Attorne\
39
~"'-
CITY COUNCIL
AGENDA MEMORANDUM
August 22, 2006
AGENDA ITEM: Ordinance repealing Ordinance No. 026716 regarding the elimination of
vehicular traffic on the beach seaward of the Padre Island seawall and between Packery
Channel and Padre Balli Park; the direction of travel between Whitecap Boulevard and Padre
Balli Park; establishing and regulating pedestrian safe beach; establishing a pedestrian safe
area
ISSUE: Whether Ordinance No. 026716 should be repealed
REQUIRED COUNCIL ACTION: Adoption of proposed ordinance repealing Ordinance No.
026716.
PREVIOUS COUNCIL ACTIONS:
February 28. 1995 -- adoption of Dune Protection and Beach Access Plan, an element of
Comprehensive Plan.
December 17. 1996 - adoption of resolution authorizing sale and purchase agreement
with Asset Development Corporation for acquisition of property along the seawall for
public parking and related public uses. (Implementation of SB 1688.)
April 20, 2004 - adoption of Mustang-Padre Area Development Plan, an element of
Comprehensive Plan.
September 13, 2005 - adoption of motion authorizing the City Manager or his designee
to execute a construction contract with Haas Anderson Construction, Ltd., of Corpus
Christi, Texas in the amount of $458,618.20 for the Total Base Bid and Additive
Alternate No 3 for the Packery Channel South Parking Lot Improvements.
October 18, 2005 - adoption of ordinance 026526 restricting vehicles from the beach
seaward of the Padre Island seawall and prohibiting southbound one-way traffic between
Whitecap Boulevard and Padre Balli Park.
October 25, 2005 - repeal of ordinance 026526 restricting vehicles from the beach
seaward of the Padre Island seawall and prohibiting southbound one-way traffic between
Whitecap Boulevard and Padre Balli Park.
January 2006 - completion of the Padre Island seawall parking lot.
March 21, 2006 - proposed ordinance passed to second reading.
March 28, 2006 - ordinance adopted restricting vehicles from the beach between
Packery Channel and Padre Balli Park and ordinance adopted calling a special election
to consider an amendment to the Charter to require a public referendum prior to further
restriction of vehicular access to the public beach.
~"._._'
June 29. 2006 - referendum petition submitted on ordinance restricting vehicles from the
beach between Packery Channel and Padre Balli Park.
July 18, 2006-referendum petition certified
FUNDING: N/A
REOOMMENDA TION AND CONCLUSION: Staff recommends Council repeal Ordinance No.
026716 restricting vehicular access to the beach between Packery Channel and Padre Balli
Park; the direction of travel between Whitecap Boulevard and Padre Balli Park; establishing and
regulating pedestrian safe beach establishing a pedestrian safe area.
~'I~/~d1v
Gary W. Smith
Assistant City Attorney
BACKGROUND INFORMATION
On June 29, 2006, a referendum petition was filed with the City Secretary relating to Ordinance
No. 026716. The City Secretary certified that the petition on July 18, 2006. The referendum
election would be held on April 7, 2007 Repeal of the ordinance will allow the question to be
submitted to the voters in a proposed Charter amendment on November 7, 2006.
......--.....
ORDINANCE
REPEALING ORDINANCE NO. 026716 REGARDING THE ELIMINATION
OF VEHICULAR TRAFFIC ON THE BEACH SEAWARD OF THE PADRE
ISLAND SEAWALL AND BETWEEN PACKERY CHANNEL AND PADRE
BALLI PARK; THE DIRECTION OF TRAVEL BETWEEN WHITECAP
BOULEVARD AND PADRE BALLI PARK; ESTABLISHING AND
REGULATING PEDESTRIAN SAFE BEACH; ESTABLISHING A
PEDESTRIAN SAFE AREA
WtEREAS, on March 28, 2006, City Council passed and approved Ordinance No.
026716 that prohibited vehicular traffic on the beach between Packery Channel and Padre
Ball Park, repealed the direction of travel on the beach between Whitecap Boulevard and
Padre Balli Park, and established a pedestrian safe beach:
WtEREAS, six petitioners, on April 3, 2006 (sooner than the tenth day after adoption of
Ordinance No. 026716), filed a statement with the City Secretary commencing referendum
proceedings relating to Ordinance No. 026716;
Wt-EREAS, the petitioners, on June 29, 2006, filed a petition with the City Secretary
callihg for an election on the repeal of Ordinance No. 026716:
WHEREAS, Article 1, Section 4 of the Charter of the City of Corpus Christi allows City
Council to reconsider the ordinance:
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
COItpus CHRISTI, TEXAS, THAT:
SECTION 1. That Ordinance No. 026716, adopted on March 28, 2006, regarding the
elimination of vehicular traffic on the beach seaward of the Padre Island seawall and
between Packery Channel and Padre Balli Park: the direction of travel between Whitecap
Boutevard and Padre Balli Park: establishing and regulating pedestrian safe beach, is
hereby repealed.
H LegOir\gws\agenda\2006\08- 22\repea1026716
~......,,-
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
Jerry Garcia
Jesse Noyola
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
Brant Chesney --'-- John Marez
Mek>dy Cooper ---------- Jesse Noyola
Jerry Garcia --"'-'-,-,- Mark Scott
Bill Kelly -'-'-'-~-
PASSED AND APPROVED, this the ____ day of
ATTEST:
,2006.
Armando Chapa
City Secretary
Henry Garrett
Mayor
APPROVED: August 16,2006.
/_-~~
~. Smith
AssiBtant City Attorney
for City Attorney
2
40
".......--
CITY COUNCIL
AGENDA MEMORANDUM
August 22, 2006
AGENDA ITEM: Ordinance amending Ordinance No. 026717 to order a special election to be
held on November 7, 2006, in the City of Corpus Christi on the questions of amending the
Charter of the City of Corpus Christi to provide for a public pedestrian-safe beach between
Packery Channel and Padre Balli Park and requiring a public referendum prior to the creation of
any future public pedestrian-safe Gulf beach areas, and prohibiting any restrictions on vehicular
access In order to create public pedestrian-safe beaches unless approved by a majority of
qualified voters of the city who vote at an election held for that purpose; providing for
procedures for holding such election; providing for notice of election and publication thereof;
providing for establishment of branch early polling places; designating polling place locations;
authorizing a joint election with Nueces County; and enacting provisions incident and relating to
the subject and purpose of this ordinance: and providing for the effective date of this ordinance.
ISSUE: Whether Ordinance 026717 should be amended to call a special election on November
7 2006. on the question of amending the Charter to provide for a public pedestrian-safe beach
between Packery Channel and Padre Balli Park and to provide for a public referendum prior to
the creation of any future public pedestrian-safe Gulf beach areas, and to prohibit the creation of
a public pedestrian-safe Gulf beach area unless approved by a majority of qualified voters of the
city who vote at an election held for that purpose.
REQUIRED COUNCIL ACTION: Adoption of proposed ordinance.
PREVIOUS COUNCIL ACTIONS:
February 28. 1995 - adoption of Dune Protection and Beach Access Plan, an element of
Comprehensive Plan.
December 17. 1996 - adoption of resolution authorizing sale and purchase agreement
with Asset Development Corporation for acquisition of property along the seawall for
public parking and related public uses. (Implementation of SB 1688.)
April 20. 2004 - adoption of Mustang-Padre Area Development Plan, an element of
Comprehensive Plan.
September 13, 2005 - adoption of motion authorizing the City Manager or his designee
to execute a construction contract with Haas Anderson Construction, Ltd., of Corpus
Christi, Texas in the amount of $458,618.20 for the Total Base Bid and Additive
Alternate No 3 for the Packery Channel South Parking Lot Improvements.
October 18, 2005 - adoption of ordinance 026526 restricting vehicles from the beach
seaward of the Padre Island seawall and prohibiting southbound one-way traffic between
Whitecap Boulevard and Padre Balli Park.
October 25, 2005 - repeal of ordinance 026526 restricting vehicles from the beach
seaward of the Padre Island seawall and prohibiting southbound one-way traffic between
Whitecap Boulevard and Padre Balli Park.
January 2006 - completion of the Padre Island seawall parking lot.
March 21 2006 - proposed ordinance passed to second reading.
March 28, 2006 - ordinance adopted restricting vehicles from the beach between
Packery Channel and Padre Balli Park and ordinance adopted calling a special election
to consider an amendment to the Charter to require a public referendum prior to further
restriction of vehicular access to the public beach.
June 29. 2006 - referendum petition submitted on ordinance restricting vehicles from the
beach between Packery Channel and Padre Balli Park.
July 18. 2006--referendum petition certified
August 3, 2006-Charter amendment petition submitted to prohibit vehicular access to
the Gulf beach unless approved by a majority vote at an election held for that purpose.
August 17 2006-Charter amendment petition certified.
FUNDING: N/A
RECOMMENDATION AND CONCLUSION: Staff recommends Council approval of the
amendment of Ordinance 026717 to call a special election on November 7, 2006, on the
questions of amending the Charter to provide for a public pedestrian-safe beach between
Packery Channel and Padre Balli Park and to provide for a public referendum prior to the
creation of any future public pedestrian-safe Gulf beach areas, and to prohibit the any
restrictions on vehicular access in order to create public pedestrian-safe beaches unless
approved by a majority of qualified voters of the city who vote at an election held for that
pu rpose
~i.iJ ~)
Gary W. Smith
Assistant City Attorney
-. -
BACKGROUND INFORMATION
The North Padre Island seawall was constructed in the late 1960's and, after a court settlement
between the seawall owners and the State of Texas represented by the Texas General Land
Office in 1974, beach access and parking in the area has always been in question. In the early
1990's, two issues came together that became the driving factors for the resolution of the
seawall issues
80th issues arose because of the eroding beach in front of the seawall. As the beach narrowed,
it became practically impossible to have parking, vehicular movement and beach usage at that
location Secondly the state's 200 foot rolling beach easement slowly moved westward to the
point that It infringed on the private property west of and adjacent to the seawall and for all
practical purposes stopped all development or sale of the property because of the inability to
acquire title insurance During 1992, 1993, and 1994, City staff, City Council and various
boards and commissions of the City met with all of the interested groups including
representatives of members of our legislative delegation to reach some consensus.
On May 8, 1995, S81688 was passed by the Texas Legislature and subsequently signed by the
Governor. That bill sought not only to take care of the parking and access issue of the beach
but also to protect the private property interests behind the seawall. The bill provided that the
line of vegetation would be designated along the seaward side of the seawall provided that:
A a perpetual easement has been granted in favor of the public affording pedestrian,
noncommercial use along and over the entire length of the seawall and adjacent
sidewalk by the general public.
8. fee title to the surface estate to an area for public parking and other public uses
adjacent to the seawall has been conveyed to and accepted by a public entity, which
area contains sufficient acreage to provide at least one parking space for each 15
linear feet of the seawall, is located within the center one-third of the length of the
seawall, and has frontage on the seawall for at least 300 linear feet; and
C permanent roadway easements exist within 1,000 feet of each end of the seawall
affording vehicular access from the nearest public road to the beach.
The conditions were met by the property owners along the seawall providing both a perpetual
easement for the public on the seawall and by providing a roadway easement on the north end
of the seawall (a public roadway already existed on the south end of the seawall). In addition,
the property owners raised $450,000 to purchase sufficient property to provide to the City for
public parking. Unfortunately, the only piece of property that could be purchased lay on the
ed. of the center third of the seawall and, after discussions with the Attorney General's office.
HB!847 was passed on April 25, 1997, which amended S81688 to allow for property within the
center third of the seawall or within 300 feet thereof.
It was the understanding of everyone concerned with the issues that once the parking was
corwtructed and the beach access on both ends of the seawall put into place, that the City
woutd restrict vehicular traffic from in front of the seawall. The City Council had clearly declared
that intent In the adoption of dune protection and beach access regulation on February 21,
1996. Various state agencies offered assistance in finding funding for the parking; however,
none was forthcoming.
On April 7. 2001, the voters of the City of Corpus Christi approved the creation of a Tax
Incremental Financing (TIF) District to undertake the Packery Channel project. Included within
the TIF district were two Drojects, Packery Channel and construction of the seawall parking
area.
After exhaustive public hearings on a comprehensive plan for Mustang and Padre Islands, on
April 20 2004 the City Council adopted the Mustang-Padre Area Development Plan that
included policy statement C 15, which stated:
The highest priority for provision of beach parking is on existing City land located
adjacent to the seawall for a 300-space parking lot. In order to create a safe day-
use beach area in front of the seawall. traffic will be prohibited once a public
parking area IS constructed.
On Tuesday, September 13, 2005 the Corpus Christi City Council unanimously approved a
cOl1$truction contract in the amount of approximately $450,000 to construct the parking on the
City property on the seawall as had been contemplated for over 10 years. Construction of the
parking lot was completed In early 2006
Section 15 7(h) of the Beach and Dune Rules established by the Texas General Land Office,
under the authority of the Texas Open Beaches Act, authorizes local governments, with the
prior approval of the General Land Office, to close portions of the public beach to vehicular
traffic, if adequate parking IS provided on or adjacent to the beach to accommodate one car for
each 15 linear feet of bead' that is closed
The City has constructed the parking lot that will accommodate cars in excess of the minimum
number required by the Beach and Dune Rules, and the parking lot is adequate to provide
parking for at least one car for each 15 feet of beach seaward of the concrete seawall where it is
proposed to eliminate vehicular traffic (The minimum number of required parking spaces is
282.) Ingress and egress access to the beach is provided for vehicles at each end of the
seawall, and access to the beach is provided for pedestrians along the entire length of the
seawall by a perpetual easement that has been granted in favor of the public affording
pedestrians noncommercia' use along and over the entire length of the seawall and adjacent
sidewalk
Once a public pedestrian-safe beach IS established in front of the seawall, signs will be
conspicuously posted to explain the nature and extent of vehicular controls, parking areas, and
access points.
The establishment of a public pedestrian-safe beach on that portion of the public beach
seaward of the Padre Island seawall will provide a family safe area for the public to use the
beach without being exposed to the dangers posed by vehicles driving on the beach; and the
public's right to access is protected by the existing access and the availability of public parking
adjacent to the public beach and seawall
An accessible ramp from the parking lot to the seawall has been constructed and staff has
prepered the engineering plans for an accessible ramp from the seawall to the beach. The
project is currently being negotiated as a change order to an existing construction contract.
Dev.opments have been proposed for the area adjacent to the beach, south of Packery
Channel and north of the Padre Island seawall, and for the area adjacent to the beach and
south of the Padre Island seawall The developers have represented to the City and public that
~....-
the developments are not feasible if beach adjacent to each development is not established as
a public pedestrian-safe beach
The completion of the Packery Channel improvements and the development of the two areas,
coupled with the popularity of that section of public beach between Packery Channel and Padre
Bali Park, will greatly increase the use of the beach segments. An overwhelming public safety
Issue will be created by the mix of high intensity pedestrian use of the beach and vehicular
traffic on the beach
The proposed ordinance calls a special election to present to the voters the question of
amending the Charter to provide for a public pedestrian-safe beach between Packery Channel
and Padre Balli Park and to provide for a publiC referendum prior to the creation of any future
public pedestrian-safe Gulf beach areas, and to prohibit the creation of a public pedestrian-safe
Gulf beach area unless approved by a majority of qualified voters of the city who vote at an
election held for that purpose. The election is proposed for November 7, 2006, and will be held
In conjunction with the County's general election to be held on that date.
ORDINANCE
AMENDING ORDINANCE NO. 026717 TO ORDER A SPECIAL
ELECTION TO BE HELD ON NOVEMBER 7, 2006, IN THE CITY OF
CORPUS CHRISTI ON THE QUESTIONS OF AMENDING THE CHARTER
OF THE CITY OF CORPUS CHRISTI TO PROVIDE FOR A PUBLIC
PEDESTRIAN-SAFE BEACH BETWEEN PACKERY CHANNEL AND
PADRE BALLI PARK AND REQUIRING A PUBLIC REFERENDUM
PRIOR TO THE CREATION OF ANY FUTURE PUBLIC PEDESTRIAN-
SAFE BEACH AREAS, AND PROHIBITING ANY RESTRICTION OF
VEHICULAR ACCESS IN ORDER TO CREATE PUBLIC PEDESTRIAN-
SAFE BEACHES UNLESS APPROVED BY A MAJORITY OF QUALIFIED
VOTERS OF THE CITY WHO VOTE AT AN ELECTION HELD FOR THAT
PURPOSE; PROVIDING FOR PROCEDURES FOR HOLDING SUCH
ELECTION; PROVIDING FOR NOTICE OF ELECTION AND
PUBLICATION THEREOF; PROVIDING FOR ESTABLISHMENT OF
BRANCH EARLY POLLING PLACES; DESIGNATING POLLING PLACE
LOCATIONS; AUTHORIZING A JOINT ELECTION WITH NUECES
COUNTY: AND ENACTING PROVISIONS INCIDENT AND RELATING TO
THE SUBJECT AND PURPOSE OF THIS ORDINANCE; AND
PROVIDING FOR THE EFFECTIVE DATE OF THIS ORDINANCE
Wt-EREAS, on March 28 2006, the City Council ordered a special election, to be held on
the first Saturday in April, 2007, to place before the electorate of the City of Corpus Christi
a proposed amendment to the Charter of the City of Corpus Christi;
WHEREAS, on June 29, 2006, a referendum petition, seeking the repeal Ordinance No,
026716 which restricted vehicular traffic on the beach between Packery Channel and
Padre Balli Park, was submitted and said petition was verified on July 18, 2006;
WHEREAS, on August 3, 2006, a petition seeking to amend the Charter to prohibit
vehicular access to the Gulf beach unless approved by a majority vote at an election held
for that purpose, was submitted and said petition was verified on August 17, 2006;
WHEREAS, City Council desires to amend the ordinance calling the special election to
change the date of the election to November 7,2006, and to expand the proposed
amendment to provide for a public pedestrian-safe beach between Packery Channel and
Padre Balli Park, and to include a petition-requested Charter amendment;
WHEREAS, it is provided In Section 3,004 of the Texas Election Code that the
governing body shall order elections pertaining to municipal affairs, give notice and
appoint election officers to hold the election; and
WHEREAS, Nueces County will also be conducting a general election on November 7,
2006:
Beach ord election 060il1; rei
1
~w THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS, THAT:
SECTION 1. A Special City election (hereinafter the "Election") previously called for the
first Saturday in April, 2007, shall be held in the City of Corpus Christi, Texas, on
November 7, 2006, for the purpose of submitting to the voters of the City consideration of
an amendment to the Charter of the City of Corpus Christi.
SICTION 2. At the Election all the qualified voters of the City of Corpus Christi shall be
permitted to vote.
SECTION 3. The eSlate direct recording equipment (ORE) shall be employed at the
election in accordance with the Texas Election Code and the Election shall be held at
the polling places in the regularly prescribed precincts of the City of Corpus Christi, as
set forth on Attachment A hereto incorporated by reference and made part of this
ordinance (said Attachment A to be approved and attached when the polling places in
the regularly prescribed precincts are finally determined by Nueces County). The
Election shall be held in accordance with the election laws of the State of Texas. The
polls shall be open from 7:00 a.m. to 7:00 p.m. on the day of the Election.
SBCTION 4. The City Secretary shall conduct the Election as directed by ordinance of
the City Council and by law in accordance with the joint election agreement to be
entered into with Nueces County (the agreement with Nueces County shall be approved
and attached hereto as Attachment B and incorporated herein). He is directed to
request consideration by the U S Department of Justice of the submission of any
change herein which requires preclearance, and to provide such demographic data and
Information as required by law.
SECTION 5. The eSlate direct recording equipment shall be used for the conduct of the
Election on Election Day and for early voting. Early voting in person at each of the
temporary branch polling places shall be conducted as follows:
Such early voting in person may be conducted at the main early voting polling place
located in the first floor lobby of Nueces County Courthouse, 901 Leopard, and at the
temporary branch polling places set forth in Attachment C, to be approved and attached
when the temporary branch polling places are determined by Nueces County and then
Incorporated by reference and made a part of this ordinance.
In addition. early voting in person may be conducted at the mobile temporary branch
polMng places set forth in Attachment 0, to be approved and attached when the mobile
temporary branch polling places are determined by Nueces County and then
Beactl ord eiectlon 060817 reg
2
incorporated by reference and made a part of this ordinance, during the days and hours
specified therein. The City Secretary is authorized, in the event of an emergency,
preventing any of the designated polling places from being utilized, to provide for
suitable replacement locations.
Each branch polling place and the main early polling place shall serve all election
precincts
SECTION 6. The City Secretary is directed to post and publish such election notices as
are required by the Election Laws of the State of Texas. The City Secretary is further
appointed as the authority and officer responsible for the conduct of said election and is
hereby authorized and directed to make all necessary arrangements for the holding of
said election in accordance with and subject to the laws of this State including but not
limited to coordinating the election process, including use of tabulation equipment, and
supplies, in accordance with the joint election agreement to be executed with Nueces
County The City Secretary is authorized to approve all lawful changes and additions to
the procedures provided herein In order to implement such agreement, including, but
not limited to, provisions for substations and mobile voting sites.
SECTION 7. At the Election, the voters shall be presented with the following
propositions (In English and Spanish) in the form prescribed by the Texas Election
Code:
Ballot Language:
CHARTER AMENDMENT NO.1
FOR.
AGAINST
PROVIDING FOR A PUBLIC PEDESTRIAN-SAFE BEACH LIMITED TO THE
APPROXIMATELY 7,200-FOOT AREA BETWEEN PACKERY CHANNEL AND
THE NORTH BOUNDARY OF PADRE BALLI PARK AND REQUIRING A PUBLIC
REFERENDUM PRIOR TO THE CREATION OF ANY FUTURE PUBLIC
PEDESTRIAN-SAFE BEACH AREAS.
Effect of Amendment:
Beach ord elecricn 060b17 req
3
~,""...
Adoption of the Charter Amendment would amend the City Charter, ARTICLE X,
GENERAL POWERS AND PROVISIONS, by adding a new Section, Public pedestrian-
safe beach areas. as follows, and renumbering the remaining sections of Article X
accordingly:
Section
Public pedestrian-safe beach areas.
!.ill A public pedestrian-safe beach area is authorized on the Gulf beach
extendino approximatelv 7.200 feet from the south iettvof Packery Channel
southward and alonq the seaward side of the Gulf seawall to the northern
boundary line of Padre Balli Park. The city council is authorized to adopt
ordinances restrictinq vehicular traffic on the public pedestrian-safe beach.
except for emerqencv vehicles. vehicles used to maintain the beach, or other
authorized vehicles. and establishinq the conditions required before the
creation of the public pedestrian-safe beach. The ordinance effectino the
creation of a public pedestrian-safe beach is not subiect to initiative or
referendum.
ill.) Public pedestrian-safe beaches may be created in other Gulf beach areas bv
ordinance onlv when authorized bv a maioritv of the qualified voters of the city
who vote at an election dulv called for such purpose. The council is
authorized to call an election for such purpose without the necessity of the
receipt of any petitions. This subsection shall not apply to ordinances
restrictino vehicular access to the Gulf beach durino sprino break. holidavs.
summer weekends. or special events; durino hioh tides or other natural
conditions Iimitino beach accessibility: durino particular turtle-nestino periods
or other similar ecoloqical reasons: or throuoh the use of bollards to separate
pedestrians from traffic while allowino the throuoh movement of traffic; or for
the routine reoulation of traffic or parkino. An ordinance. adopted as
authorized bv this subsection. effectino the creation of a public pedestrian-
safe beach is not subiect to initiative or referendum.
Ballot Language:
CHARTER AMENDMENT NO.2
FOR
AGAINST
PROHIBITING ANY RESTRICTIONS ON VEHICULAR ACCESS IN ORDER TO
CREATE PUBLIC PEDESTRIAN-SAFE BEACHES UNLESS APPROVED BY A
MAJORITY OF QUALIFIED VOTERS OF THE CITY WHO VOTE AT AN
ELECTION HELD FOR THAT Pl JRPnSF
Beach ord election 060817 reg
4
~---,"~
Effect of Amendment.
Adoption of the Charter Amendment would amend the City Charter, ARTICLE X,
GENERAL POWERS AND PROVISIONS, by adding a new Section, Certain restrictions of
vehicular access to the Gulf beach. as follows. and renumbering the remaining provisions
of Article X accordingly:
Section
Certain restrictions of vehicular access to the Gulf beach.
Vehicular access to and on the Gulf beach may not be restricted unless approved
by a maiority vote of Qualified voters of the City. votinQ at an election dulv called for
such purpose. Thereafter, the City Council may take appropriate action to restrict
vehicular access to and on specific portions of the Gulf beach and complv with all
other requirements necessary to implement the result of the election. The approval
at election requirement shall not apply when vehicles are restricted from access to
areas of the Gulf beach for public necessity. "Public necessity" shall be limited to
environmental emeraencies. public health and safety emeraencies. and
qovernment functions whose importance iustifies the restriction of vehicular access.
The restriction of vehicular access for public necessity shall be limited to the
smallest possible area and for the shortest possible duration.
SECTION 8. 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
COLl'lcil that every section paragraph, subdivision, clause, phrase, word or provision of
this ordinance be given full force and effect for its purpose
SECTION 9. This ordinance shall take effect upon and after publication of this ordinance.
Beach ord election 060Rl 7 "eg
5
~..._.
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
Rex A. Kinnison
John Marez
Jerry Garcia
Jesse Noyola
Mark Scott
Bin 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
Metody Cooper
Jesse Noyola
Mark Scott
JefTy Garcia
BiIt Kelly
PASSED AND APPROVED, this the ___ day of
A TIEST:
,2006.
Armando Chapa
City Secretary
APPROVED: August 17 2006.
Henry Garrett
Mayor
~--
AS$istant City Attorney
for City Attorney
Beam ord election 060817 ref:)
6
""""""-- -....
41
...... ,~
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: 8/22/06
AGENDA ITEM: Resolution - AFFIRMING COMMITMENT BY CITY OF CORPUS CHRISTI,
TEXAS TO INCLUSION AND ACCEPTING THE INVITATION TO JOIN THE PARTNERSHIP FOR
WORKING TOWARD INCLUSIVE COMMUNITIES
ISIUE: Opportunity to join other members of the National League of Cities in focused efforts
around affordable and accessible housing, race and ethnic relations, and equal citizen
participation on community decision-making.
REQUIRED COUNCIL ACTION: Approval of Resolution
PREVIOUS COUNCIL ACTION: NONE
CONCLUSION AND RECOMMENDATION: These initiatives of the National League of Cities focus
and reflect the same and/or similar initiatives that are currently being addressed by our Human
Relation Commission, the Committee For Persons With Disabilities, our Neighborhood Improvement
Program (Neighborhood Services), recreational and senior citizen activities of Parks & Recreation,
and administration of the Non-Discrimination Ordinance by the Human Relations Department.
Approval is recommended. We will receive an Inclusive Communities sign to display within our city
and no costs are associated with this resolution.
L~tatZ 8~
Director of Human Relations
Attachments:
BACKGROUND INFORMATION
rhe NatIonal League of Citi es is the nation's oldest and largest organization devoted to strengthening
and promotmg cities clS centers of opportunity, leadership, and governance. NLC is a resource and
advocate for 18.000 l ,S CIlles. towns, dnd villages. which collectively serve 225 million people.
Texas coml11umties currentl v recognized as Inclusive Communities include Cedar Hill, Duncanville,
dnd PIano Some of the act'vities recommended by NLC for Inclusive Communities include (and
are refleCll\e 01 current actLms/commitmcnts of the City of Corpus Christi):
· ProVIde educational opportulllties designed to welcome and familiarize new residents with
then communit)
· Start a "language bank" oi'volunteer mterpreters for all languages, including sign language,
used mlhe community
· Illiliate leadershIp d,:velopment programs that provide residents with the knowledge and
tools to develop gra~sroots solutions to neighborhood problems and concerns
· Remove phYSIcal barriers that prevent citizens living with disabilities from participating in
conUllunlty actl\ltic:
· Remove phYSical balTiers that prevent citizens living \vith disabilities from participating in
commurllt: aL'tivltie'
· Establish "tLwm hall" meetmgs in \vhich all members of the community are welcome to
express their \Ievvs ,iild concerns about vanous issues affectmg the city or town
· Involve citIzens 111 L1esignin~ and planning city land use, such as for a new playground,
downtown area. or a library
· Organizc a series of lity festi\'als that celebrate the multicultural nature of your community,
ilwite all community organizations and groups of citizens to attend and participate
· Pro\ Ide training for city ernployees focusing on dealing with diverse constituencies,
recognizlI1g cultural. religious, and other differences, and preventing discrimination
· Encourage people n~presenting various ethnic populations to serve on city boards and
commiSSIOns. and to run lor elected office
~~.....".....
Page 1 of 3
RESOLUTION
AFFIRMING COMMITMENT BY CITY OF CORPUS CHRISTI, TEXAS TO
INCLUSION AND ACCEPTING THE INVITATION TO JOIN THE
PARTNERSHIP FOR WORKING TOWARD INCLUSIVE COMMUNITIES.
WHEREAS, The City of Corpus Christl, Texas is committed to inclusion as a
fundamental aspect of our community; and
WNEREAS, cities and towns are the best places to make inclusiveness an everyday
priority; and
WHEREAS, local elected officials can and should lead the way forward in making
Inclusiveness a priority in America's cities and towns; and
WHEREAS, the National League of Cities has designed the Partnership for Working
Toward Inclusive Communities to support cities and towns in their commitment to
inclusion: and
WHEREAS, the National League of Cities and its members believe an inclusive
community promotes equal opportunity and fairness; and
WHEREAS, the National League of Cities and its members believe an inclusive
community promotes citizen participation and engagement; and
WHEREAS, National League of Cities President Jim Hunt, Councilmember, Clarksburg,
West Virginia, has invited local officials to join the Partnership for Working Toward
Inclusive Communities and to make a commitment to building more inclusive
communities in their own cities and towns.
NOWV, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS THAT:
SECTION 1. The City of Corpus Christi hereby affirms its commitment to inclusion as a
fundamental aspect of our community, pledges active efforts to seek to achieve that
goat and urges all citizens of Corpus Christi to join together to support this effort.
SECTION 2. The City of Corpus Christ accepts the invitation to join the Partnership for
Working Toward Inclusive Communities.
C:\(D:.',iC:-i3 '. }f--,:U200: J6',;~',--<: or - ~J~l
~---------
ATTEST:
CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Henry Garrett
Mayor
~~ 1: ~U9USt2006
Doyle Curtis
Chief, Administrative Law Section
Senior Assistant City Attorney
For City Attorney
Corpus Christi Texas
el,l D. _ ,;~ r ,_')03
Page 2 of 3
Page 3 of 3
_ day of______ ____, 2006
The above resolution was passed by the following vote:
Henry Garrett. ________
Brent Chesney _____
Melody Cooper _________
Jerry Garcia_________
William Kelly __ ______
Rex A. Kinnison
John E, Marez
Jesse Noyola
Mark Scott
C\! [;c ,ie ')3 . Ii> ,);;:D200, 06f-e,. ., ,'lcc;'D'
f,L'
~'"
~"- -~
42
..........,..~.
AGENDA MEMORANDUM
August 22, 2006
AGENDA ITEMS:
A. Resolution authorizing the City Manager, or designee, to accept Federal Aviation Administration
Grant Number 3-48-0051-038-2006 in an amount not to exceed $9,356,300 for the Runway 17/35
Rehabilitation, West GA Apron, Phase I Improvements, Air Carrier Apron Areas Rehabilitation,
Taxiways B & E Phase 1 Rehabilitation, Drainage Improvements Phase V, Runway SWeeper
purchase and Conduct Planning Study (Benefit/Cost Analysis to extend Runway 13/31) at Corpus
Christi International Airport.
B. Ordinance Appropriating $6,538,150 from the Federal Aviation Administration Grant No. 3-48-
0051-38-2006 in the No. 3020 Airport Capital Improvement Fund for the Runway 17/35
Rehabilitation, West GA Apron, Phase I Improvements, Air Carrier Apron Areas Rehabilitation,
Taxiways B & E Phase 1 Rehabilitation, Drainage Improvements Phase V, Runway Sweeper
purchase and Conduct Planning Study(BenefitlCost Analysis to extend Runway 13/31) at Corpus
Christi International Airport and Declaring an Emergency.
'hUE: The Federal Aviation Administration has offered Grant 38 to the City of Corpus
Christi in an amount not to exceed $9,356,300 for the Runway 17/35 Rehabilitation,
West GA Apron, Phase I Improvements, Air Carrier Apron Areas Rehabilitation,
Taxiways B & E Phase 1 Rehabilitation, Drainage Improvements Phase V, Runway
SWeeper purchase and Conduct Planning Study (Benefit/Cost Analysis to extend
Rtmway 13/31) at Corpus Christi International Airport.
The Grant is a multi-year grant with an FY06 amount of $6,538,150 and the balance of
Gralt 38 anticipated in the FY07 Grant Year. The Airport will contribute a 5% match with
Airport Capital Reserve funds.
FUIil)ING: Funding is available from Airport Capital Improvement Funds and FAA Grants.
REGOIIMENDAT'ON: Approval of the Resolution and Ordinance as presented.
,/J:L., ~~
Dave Hamrick
Director of Aviation
~IPNAL SUPPORT "TERIAL
Exh '. A. Background Information
BACKGROUND INFORMATION
--~_.__...__._._..~._-_._--_.~"...-.
ADItI110NAL INFORMATION:
The City has received an offer for FAA Grant # 3-48-0051-38-2006 in the amount of
$9,366,300 for the Runway 17/35 Rehabilitation, West GA Apron, Phase I Improvements,
Air Carrier Apron Areas Rehabilitation, Taxiways B & E Phase 1 Rehabilitation, Drainage
ImpfOvements Phase V, Runway Sweeper purchase and Conduct Planning Study Projects
(Benefit/Cost Analysis to extend Runway 13/31) at Corpus Christi International Airport
This is a multi-year Grant offer of which $6,538,150 is for federal FY 2006 and the
remeinder is for federal FY 2007. This grant is for 95% of the project(s) cost with the
Airport's matching 5%. Acceptance of the grant by Resolution and appropriation of the
grant proceeds is necessary to proceed with the project. The proposed actions includes
grant acceptance and appropriation of funds.
PROJECTS DESCRIPTION:
The.rantwill fund Runway 17/35 Improvements, Shoulders, Lighting, Blast Pads, Signage
and Airfield Drainage Improvements, Phase 4 and CCIA Apron Phase 2 Westside
(Patting). The asphalt condition of Runway 17/35 requires rehabilitation or the runway will
req....e closure at some time in the future. The project will result in paving of the runway
and indudes new pavement markings and new 25-foot asphalt shoulders. The project
continues work with drainage improvements to increase the drainage capacity of the
Airport. The grant also includes funds for new high intensity runway lighting. In addition,
desiln work will be initiated for Taxiways B& E rehabilitation, Airport Drainage Phase V
and lmding is included for a cost /benefit study for a proposed extension of Runway 13-31.
Finaly, parking improvements for the west apron are included in the grant.
FutelNG:
Funding is available from the FAA Grant and Airport CIP Funds.
BO"EWCOMMITTEE REVIEW: The Airport Board will review the grant offer at its August
23, 2808 Meeting.
""W""--
A RESOLUTION
AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ACCEPT
FEDERAL AVIATION ADMINISTRATION GRANT NO. 3-48-0051-038-
2006 IN AN AMOUNT NOT TO EXCEED $9,356,300 FOR THE
RUNWAY 17/35 REHABILITATION, WEST GA APRON, PHASE I
IMPROVEMENTS, AIR CARRIER APRON AREAS REHABILITATION,
TAXIWAYS B & E PHASE I REHABILITATION, DRAINAGE
IMPROVEMENTS PHASE V, RUNWAY SWEEPER PURCHASE, AND
CONDUCT PLANNING STUDY (BENEFIT/COST ANALYSIS TO
EXTEND RUNWAY 13/31) AT CORPUS CHRISTI INTERNATIONAL
AIRPORT.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS, THAT:
SECTION 1. The City Manager or his designee is authorized to accept Federal Aviation
Administration Grant No. 3-48-0051-038-2006 in an amount not to exceed $9,356,300.
for the Runway 17/35 Rehabilitation, West GA Apron, Phase I Improvements, Air
Carrier Apron Areas Rehabilitation, Taxiways B & E Phase I Rehabilitation, Drainage
Improvements Phase V Runway Sweeper purchase and Conduct Planning Study
Benefit/Cost Analysis to extend Runway 13/31) at Corpus Christi International Airport.
A TT-'EST:
CITY OF CORPUS CHRISTI
Henry Garrett
Mayor, City of Corpus Christi
Armando Chapa
Assistant Secretary
APPROVED AS TO FORM: August 17. 2006.
~f\~~
Wendy E. ~den
Assiltant City Attorney
For City Attorney
-"..-""" - .,....
Corpus ChristL Texas
of
,2006
The above resolution was passed by the following vote:
Henry Garrett
Brent Chesney
Melody Cooper
Jerry Garcia
Bill Kelly
Rex A. Kinnison
John E. Marez
Jesse Noyola
Mark Scott
~.""",,
AN ORDINANCE
APPROPRIATING $6,538,150 FROM THE FEDERAL AVIATION
ADMINISTRATION GRANT NO. 3-48-0051-38-2006 in the NO. 3020
AIRPORT CAPITAL IMPROVEMENT FUND FOR THE RUNWAY 17/35
REHABILITATION, WEST GA APRON, PHASE I IMPROVEMENTS, AIR
CARRIER APRON AREAS REHABILITATION, TAXIWAYS B & E
PHASE I REHABILITATION, DRAINAGE IMPROVEMENTS PHASE V,
RUNWAY SWEEPER PURCHASE, AND CONDUCT PLANNING STUDY
(BENEFITICOST ANALYSIS TO EXTEND RUNWAY 13/31) AT
CORPUS CHRISTI INTERNATIONAL AIRPORT; AMENDING FY 2004-
2005 CAPITAL BUDGET ADOPTED BY ORDINANCE NO. 026188 TO
INCREASE APPROPRIATIONS BY $6,538,150; AND DECLARING AN
EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That $6,538,150 is appropriated from the Federal Aviation Administration
Groot No. 3-48-0051-38-2006 in the No. 3020 Airport Capital Improvement Fund for the
Runway 17/35 Rehabilitation, West GA Apron, Phase I Improvements, Air Carrier Apron
Areas Rehabilitation, Taxiways B & E Phase I Rehabilitation, Drainage Improvements
Phase V, Runway Sweeper purchase and Conduct Planning Study (Benefit/Cost
Analysis to extend Runway 13/31) at Corpus Christi International Airport.
SECTION 2. That FY 2004-2005 Capital Budget adopted by Ordinance No. 026188 is
amended by increasing appropriations by $6,538,150.
SECTION 3. That upon written request of the Mayor or five Council members, copy
attached, the City Council (1) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and (2) suspends the Charter rule that requires consideration of and voting upon
ordinances at two regular meetings so that this ordinance is passed and takes effect
upon first reading as an emergency measure this the 22nd day of August, 2006.
ATTEST:
THE CITY OF CORPUS CHRISTI
Henry Garrett
Mayor
Armendo Chapa
City Secretary
APPROVED AT TO FORM: August 17. 2006
~
Ass.tant City Attorney
F or City Attorney
.... ''fI!IlJf
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: IIwe, therefore, request that you
suspend said Charter rule and pass this ordinance finally on the date it is introduced, or
at the present meeting of the City Council.
Respectfully Respectfully,
Henry Garrett
Mayor
Council Members
The above ordinance 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
~---
43
c.~". ",-,-.~ .",.,......~. ,_,' .__
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: August 22,2006
AGENDA ITEM:
A. Motion to amend prior to second reading ordinance amending Chapter 14
"Development Services" to include Article XII "Industrialized Housing" to provide for
regulation of the construction and installation of industrialized housing and building
within the City by adding the language "provisions of this Article relating to the" in
Section 14.1203 (e). (First reading July 25, 2006)
B. Second reading Ordinance amending Chapter 14 "Development Services" to
include Article XII "Industrialized Housing" to provide for regulation of the
construction and installation of industrialized housing and building within the City;
providing a penalty; providing a severability clause; providing a repealer clause;
providing for publication; and providing for an effective date. (First reading July 25,
2006)
ISIUE:
Wtlether the installation of industrialized housing and buildings should be regulated, as
authorized by state law, to provide consistency with the nearby properties.
RBQUlRED COUNCIL ACTION:
Adeption of proposed ordinance adopting regulations for construction, and installation
of industrialized housing
PREVIOUS COUNCIL ACTIONS:
On the first reading of the ordinance on July 25,2006, Council approved the ordinance
as written. However, clarification was requested by Council on the applicability of the
ordinance as it relates to industrialized housing only. Subsequently, the ordinance
lantuage was amended to clarify that the ordinance provisions will be applied uniformly
and enforced without distinctions as to whether the housing or buildings are
mcmufactured or are constructed on-site.
FUIIDtNG: N/A
RECOMMENDA liON AND CONCLUSION:
Upftn staff review of the proposed ordinance change, staff recommends Council amend
Chapter 14 "Development Services" to include Article XII "Industrialized Housing" to
provide for regulation of the construction and installation of industrialized housing and
builllings within the city. v,../1... >'.'.. I.. ../
MjCh~~~n~g. AICP~t~
Acting Director of Development Services
BACKGROUND INFORMATION
Chapter 1202 of the Texas Occupations Code authorizes a municipality to regulate the on-
site construction or installation of industrialized housing and buildings.
Industrialized housing, or modular housing, is distinct from manufactured housing, in that it
is built to the International Building Codes. Manufactured housing is built to the HUD
Code. Industrialized housing is built at a location other than the permanent site and is then
assembled at the permanent site and installed on a permanent foundation. By definition,
industrialized housing does not exceed three stories or 49 feet in height. Industrialized
housing is not a ready-built home constructed so that the entire living area is contained in a
single unit or section for selling and moving to another location.
Section 141202, Texas Occupations Code, allows the municipal building official to inspect
Industrialized housing for compliance with mandatory building codes, require that all
applicable local permits and licenses are obtained prior to construction on the building site,
require that all components bear approval of the Texas Department of Licensing and
Reuulation, and inspect the erection and construction within the city to ensure compliance
with mandatory building codes and to ensure that the foundation and on-site construction
complies with approved plans, designs, and specifications.
Section 14.1203. Texas Occupations Code, allows a city to require that single-family or
duplex Industrialized housing (1) have equal or greater value than the median taxable value
for each single-family dwelling located within 500 feet of the lot on which the industrialized
housing will be located, (2) have an exterior appearance (exterior siding, roofing, roof pitch,
foundation fascia, and fenestration) compatible with the single-family residences within 500
feet of the lot (3) comply with municipal building setbacks, side and rear yard offsets,
subdivision control, architectural landscaping, square footage, and other site requirements
applicable to single-family residences; and (4) be securely fixed to a permanent foundation.
The proposed ordinance incorporates these regulations and requires that the regulations
be applied reasonably and uniformly without distinctions as to whether the housing or
buildings are manufactured or are constructed on-site.
The regulations on comparable value and uniformity of appearance will not apply within an
industrialized home subdivision.
Staff met with local representatives of the industrialized housing industry on June 30, 2006,
to discuss the proposed ordinance The ordinance was modified to address their
concerns
........-.~_.
1 st Reading
AN ORDINANCE
AMENDING CHAPTER 14 "DEVELOPMENT SERVICES" TO
INCLUDE ARTICLE XII "INDUSTRIALIZED HOUSING" TO
PROVIDE FOR REGULATION OF THE CONSTRUCTION AND
INSTALLATION OF INDUSTRIALIZED HOUSING AND
BUilDINGS WITHIN THE CITY; PROVIDING A PENALTY
CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING
A REPEALER CLAUSE; PROVIDING FOR PUBLICATION; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Chapter 1202 of the Texas Occupations Code authorizes a
municipality to regulate the on-site construction or installation of industrialized
housing and buildings;
WHEREAS, the City Council has determined that these regulations 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 Article XII "Industrialized Housing," of Chapter 14
"Development Services" of the Code of Ordinances, is adopted to read as
follows:
Article XII. Industrialized Housing.
Sec. 14.1200. Definition.
(8) Industrialized housinQ is a residential structure that is:
(1) desiQned for the occupancy of one or more families:
(2) constructed in one or more modules or constructed usina one or
more modular components built at a location other than the oermanent site: and
(3) designed to be used as a permanent residential structure when the
module or the modular component is transported to the permanent site and
erected or installed on a permanent foundation system.
(b) Industrialized housing includes the structure's plumbina, heating, air
conditionina, and electrical systems.
(c) Industrialized housing does not include:
(1) a residential structure that exceeds three stories or 49 feet in heiaht
as measured from the finished grade elevation at the buildina entrance to the
Deak of the roof:
(2) housina constructed of a sectional or panelized system that does not
use a modular component: or
H : LegDir/gws/DevServ/Ordina nces/l ndustrial j zed Housing
....,.........~
(3) comply with municipal buildino setbacks. side and rear yard offsets.
subdivision control. architecturallandscapino. square footaae. and other site
reauirements applicable to sinale-family dwellinas: and
(4) be securely fixed to a permanent foundation.
(d) For purposes of Subsection (c). "value" means the taxable value of the
industrialized housino and the lot after installation of the housina.
(e) The erection. installation. or use of industrialized housino or buildinos must
be reasonably and uniformly applied and enforced without distinctions as to
whether the housinQ or buildinas are manufactured or are constructed on-site.
(f) The provisions of subsection (c) (1) and (2) of the section shall not apply in
modular or industrialized home subdivisions.
SECTION 2. 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 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 its publication.
H: Leg Di rigwsiDevSen IOrdinancesll ndustrializedHousing
.......-,..-
Proposed 2nd Reading
AN ORDINANCE
AMENDING CHAPTER 14 "DEVELOPMENT SERVICES" TO
INCLUDE ARTICLE XII "INDUSTRIALIZED HOUSING" TO
PROVIDE FOR REGULATION OF THE CONSTRUCTION AND
INSTALLATION OF INDUSTRIALIZED HOUSING AND
BUILDINGS WITHIN THE CITY; PROVIDING A PENALTY
CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING
A REPEALER CLAUSE; PROVIDING FOR PUBLICATION; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Chapter 1202 of the Texas Occupations Code authorizes a
municipality to regulate the on-site construction or installation of industrialized
housing and buildings;
WHEREAS, the City Council has determined that these regulations 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 Article XII"lndustrialized Housing," of Chapter 14
"Development Services" of the Code of Ordinances, is adopted to read as
follows:
Article XU. Industrialized Housinq.
Sec. 14.1200. Definition.
(a) Industrialized housino is a residential structure that is:
(1) desioned for the occupancy of one or more families;
(2) constructed in one or more modules or constructed usino one or
more modular components built at a location other than the permanent site: and
(3) desioned to be used as a permanent residential structure when the
module or the modular component is transported to the permanent site and
erected or installed on a permanent foundation system.
(b) Industrialized housino includes the structure's plumbino, heatino, air
conditionino, and electrical systems.
(c) Industrialized housino does not include:
(1) a residential structure that exceeds three stories or 49 feet in heioht
as measured from the finished qrade elevation at the buildina entrance to the
peak of the roof;
(2) housino constructed of a sectional or panelized system that does not
use a modular component or
H:LegDIl' L\vs/DevSen Ordinall,:es Industriall/edH(lusJng.
~,.,.._-
(3) a readY-built home constructed in a manner in which the entire livina
area is contained in a sino Ie unit or section at a temporary location for the
purpose of sellino and movino the home to another location.
Sec. 14.1202. Reoulation of construction or installation of Industrialized housinq
and buildinos.
(a) In relation to the on-site construction or installation of industrialized housinq
and buildinas, the buildino official shall:
(1) require and review. for compliance with mandatory buildinq codes. a
complete set of desiqns, plans. and specifications bearina the Texas
Industrialized 8uildinq Code Council's stamp of approval for each installation of
industrialized housinq or buildinas in the
city,
(2) require that all applicable local permits and licenses be obtained
before construction beains on a buildino site;
(3) require, in accordance with the Texas Commission of Licensino and
Reaulation rules. that all modules or modular components bear an approved
decal or insiqnia indicatinq inspection by the Texas Department of Licensino and
Reaulation; and
(4) establish procedures for the inspection of:
(A) the erection and installation of industrialized housinq or
buildinqs to be located in the municipality, to ensure compliance
with mandatory buildinq codes and commission rules; and
(8) all foundation and other on-site construction. to ensure
compliance with approved desions. plans. and specifications.
(b) Procedures described by Subsection (a)( 4) shall require:
(1) before occupancy, a final inspection or test in accordance with
mandatory buildina codes; and
(2) correction of any defiCiency identified by the test or discovered in the
final inspection,
H:I,cgfJ!!' \\STL'\\"lT ')rCITldli,e, Il1duqrai17l'dH"il>lIl~
- -
(3) comply with municipal buildina setbacks, side and rear yard offsets,
subdivision control. architecturallandscapina. square footaoe, and other site
requirements applicable to sinale-familv dwellinas: and
( 4) be securely fixed to a permanent foundation.
(d) For purposes of Subsection (c), "value" means the taxable value of the
industrialized housina and the lot after installation of the housina.
(e) The Drovisions of this Article relatina to the erection, installation, or use of
industrialized housina or buildinos must be reasonablv and uniformlv applied and
enforced without distinctions as to whether the housina or buildinas are
manufactured or are constructed on-site.
(n The provisions of subsection (c) (1) and (2) of the section shall not applv in
modular or industrialized home subdivisions.
SECTION 2. 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 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 its publication.
H -! ,egDir 2WS De\-Su\ 'Ordin,!!lces lndusrnalilecl Housing
-.........._-
That the foregoing ordinance was read for the first time and passed to its second
reading on this the _ __ day of July, 2006, by the following vote:
Henry Garrett ----..---.-- Rex A. Kinnison
Brent Chesney --------- John Marez
Melody Cooper ~_.__.- Jesse Noyola
Jerry Garcia ___.w.,__ ___..__ 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.
ATIEST:
Henry Garrett
Mayor
Armando Chapa
City Secretary
APPROVED: August 16, 2006,
11 Jt.~JOJmft1..., , ________
~ry~. Smith
Assistant City Attorney
for City Attorney
HLegf)IT'IlWS Ue\ Ser, Ordi/1(PiCe~ Indus!nall/cdfhu'l11)2
-
44
AGENDA
CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION
REGULAR MEETING
DATE Tuesday, August 22, 2006
TIME: During the meeting of the City Council beginning at 10 a.m.
PLACE: City Council Chambers
1201 Leopard St.
Corpus Christi, TX 78401
1. President Rex Kinnison calls meeting to order
2. Secretary Armando Chapa calls roll
Board of Directors
Rex A. Kinnison, President
Brent Chesney, Vice President
Melody Cooper
Jerry Garcia
Henry Garrett
Bill Kelly
John E. Marez
Jesse Noyola
Mark Scott
Officers
George K. Noe, General Manager
Armando Chapa, Secretary
Mary Juarez, Asst. Secretary
Cindy O'Brien, Treasurer
Constance P. Sanchez, Asst. Treasurer
3. Approval of the minutes of July 26, 2005, November 8, 2005, and June 13, 2006
4. Approval of the financial report
5. Approval of a $209,124 short term (12 months) bridge loan from HOME funds for the LULAC
West Park Apartments
6. Authorization for the Cliff Maus Village Apartment Complex to move certain HOME funds
between their 2005 and 2006 projects.
7. Approval of a change in the 2006 allocation of HOME funds to Nueces Loft Apartments, LP, to
change the previously approved $300,000 low interest loan to a grant and authorizing a new
$500,000 low interest loan in support of the project.
8. PubliC Comment
9. Adjournment
...........---
MINUTES
CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION
July 26, 2005
1:03 P.M.
PlFSENT
Batrd of Directors
Rex Kinnison, President
Brent Chesney. Vice-President
J olm Marez
Melody Cooper
Herny Garrett
Bin Kelly
Jesse Noyola
Mark Scott
Jerry Garc la
Officers
George K. Noe, General Manager
Armando Chapa, Secretary
Cindy O'Brien, Treasurer
Constance P. Sanchez, Asst. Treasurer
President Kinnison called the meeting to order in the Council Chambers of City Hall.
Secretary Chapa verified that a quorum was present to conduct the meeting and that notice of the
meeting had been posted.
President Kinnison opened discussion on Item 3, the appointment of Board Members Jerry
Garcia and John Marez. "vIr. Chesney made a motion to appoint Jerry Garcia and John Marez,
seconded by Ms. Cooper, and passed.
President Kinnison opened discussion on Item 4, the election of officers. Mr. Chesney made
a IJlOtion to appoint the following individuals currently serving as officers: President - Rex Kinnison;
Secretary - Armando Chapa; Mary Juarez - Assistant Secretary; Cindy O'Brien - Treasurer; and
Constance P. Sanchez Assistant Treasurer. President Kinnison clarified that the Vice-President
position was vacant. Mr. (}arcia amended Mr. Chesney's motion by nominating Mr. Chesney as
Vice-President The amended motlon was seconded and passed (Marez was absent).
President Kmnison called for the approval of the minutes of the March 22,2005 meeting.
Mr. Garrett made a motion to approve the minutes as presented, seconded by Ms. Cooper, and
passed.
President Kmnison referred to Item 6, the financial report. A motion was made, seconded,
and passed to approve the tinancial report as presented.
President Kinnison referred to Item 7, the General Manager's Annual Report. Mr. Noe stated
the report was included in the Board's agenda packets for review. He said the Corporation was the
velic1e for the City's single family affordable housing projects, and would continue to work with the
CDC to provide these programs There were no questions regarding the report.
President Kinnison opened discussion on Item 8, the approval of revisions to the CCCIC
Handbook, and Item 9, approval to utilize program income for the Single Family Rehabilitation Loan
Program. Regarding Item 8, Acting Director of Neighborhood Services Yvonne Haag explained
staff was requesting the Board's approval to change the section headings in the headings in Chapters
~.. ---..
Minutes - CCCIC Annual Meeting
July 26, 2005 - Page 2
24 (American Dream Down Payment Initiative) and 25 (New Construction Homebuyer Assistance
Program) from "Resale Provisions" to "Recapture Provisions", as advised by the City's HUD
representative. Mr. Chesney made a motion to approve the revisions as stated by Ms. Haag,
seconded by Mr. Garcia, and passed (Mr. Marez was absent).
Ms. Haag reported on Item 9, the approval to utilize program income from the Single Family
Rehabilitation Loan Program that is received in excess of the annual estimate proposed through the
Annual Consolidated Plan. She said staff estimated the amount of program income it anticipates
receiving in the coming year; this year, program income had exceeded staffs estimates. Mr. Garcia
made a motion approving the use of program income from the Single Family Rehabilitation Loan
Program as described by Ms. Haag, seconded by Ms. Cooper, and passed (Marez was absent).
President Kinnison opened discussion on Item 10, the approval to reprogram $150,000 of
HOME Program grant funds for use on the Sea Breeze Seniors 200-unit development. Mr. Jonathan
Wagner with Neighborhood Services explained in February 2004, the CCCIC had approved
$150,000 of HOME Program funds for the Corpus Christi Housing Authority for a project that did
not come to fruition. Staff was requesting approval to reprogram the funds into another Housing
Authority project, the Sea Breeze Seniors 200-unit development. Mr. Garrett made a motion to
approve reprogramming the $150,000 HOME program grant funds as described by Mr. Wagner,
seconded by Ms. Cooper, and passed (Marez was absent).
President Kinnison opened discussion on Item 11, the approval of a request by Habitat for
Humanity for donation of CCCIC property. Mr. Wagner explained staff was requesting the
conveyance of eight 25- foot plats to the Habitat for Humanity to create four 50-foot plats to construct
homes on the property, providing affordable housing for low-income families. Mr. Noe added
Habitat for Humanity had requested funds to purchase this property during the CDBG process, but
staff recommended substituting these lots with their permission. Mr. Garcia made a motion to
approve Habitat for Humanity's request as described by Mr. Wagner, seconded by Ms. Cooper, and
passed (Marez was absent)
President Kinnison opened discussion on Item 12, the reappointment of CCCIC Loan Review
Committee members. Mr. Noe explained the following three members had terms which expired in
May: Raul Torres - Community at Large: Sylvia Ford - Community at Large; and Daniel Suckley-
Financiallnstitution. He said all three individuals had expressed interest in reappointment. Ms.
Cooper made a motion to reappoint Raul Torres and Sylvia Ford, seconded by Mr. Garcia, and
passed. Council members nominated Tiffany Hull and Daniel Suckley to represent the Financial
Institution category A vote was taken. and Ms. Hull was appointed.
President Kinnison asked for public comment. There was none.
There being no further business to come before the Board, President Kinnison adjourned the
meeting at 1 :10 p.m. on July 26,2005.
MINUTES
CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION
November 8, 2005
10:18 A.M.
P-..,sENT
Bqfrd of Directors
Ref( Kinnison, President
Brent Chesney, Vice-President
J olan Marez
Henry Garrett
BiD Kelly
Jesse Noyola
M..k Scott
Jerry Garcia
Officers
Assistant City Manager Ron Massey
Armando Chapa, Secretary
Cindy O'Brien, Treasurer
Constance P. Sanchez, Asst. Treasurer
A~ENT
Melody Cooper
George K. Noe, General Manager
President Kinnison called the meeting to order in the Council Chambers of City Hall.
Secretary Chapa verified that a quorum was present to conduct the meeting and that notice of the
meeting had been posted.
President Kinnison opened discussion on Item 3 regarding a HOME Program loan contract
with Costa Tarragona I in the amount of$400,000. Assistant City Manager Oscar Martinez reported
that the Council had previously approved a $1,772,241 HOME Program :fund allocation, $400,000 of
which was aSSIgned to the ( 'osta Tarragona I project. He said H.D.D. had approved the City's CAAP
on July 28,2005, and the Corpus Christi Housing Finance Corporation had also approved housing
revenue bonds for the project on October 18, 200S. Thus, staff was requesting that the CCCIC
authorize the HOME Program loan contract and all related documents with Costa Tarragona 1.
~ motion was made, seconded, and passed to execute a HOME program loan contract and all
related documents \\/lth Costa Tarragona I in the amount of $400,000 (Cooper was absent).
President Kmnison asked for public comment. There was none.
There being no further business to come before the Board, President Kinnison adjourned the
meeting at 10:19 a.m. on November 8,2005.
MINUTES
CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION
June 13, 2006
1:45 P.M.
P.SENT
BOII'd of Directors
Rex Kinnison, President
Brent Chesney, Vice-President
Melody Cooper
Henry Garrett
Bilt Kelly
Jesse Noyola
Mark Scott
JeITy Garcia
Officers
George K. Noe, General Manager
Armando Chapa, Secretary
Cindy O'Brien, Treasurer
Constance P. Sanchez, Asst. Treasurer
A~ENT
J olin Marez
President Kinnison called the meeting to order in the Council Chambers of City Hall.
Secretary Chapa verified that a quorum was present to conduct the meeting and notice of the meeting
had been posted.
President Kinnison called for the Financial Report. Treasurer Cindy O'Brien referred to a
combined balance sheet and a combined statement of revenues, expenditures, and changes in fund
balance ending April 30, 2006. She said the corporation's ending combined fund balance was
approximately $20 million. There were no questions from the audience.
President Kinnison opened discussion on Items 4 and 5 regarding short-term loans for the
Buena Vida Senior Village and the Navigation Pointe Apartments. Special Assistant to the City
Mmager Tom Utter reported that the Buena Vida Senior Village was a proposed 120-unit senior
citizen apartment complex on 4650 Old Brownsville Road. He said the Council had previously
authorized a loan in the amount of$126,815 running from September 2006 through March 2008. He
said the developer had determined and City staff agreed that the project was in need of an additional
bri4ge loan of approximately six months from September 2006 to March 2007. The proposed bridge
Joan was in the amount of $300,000.
Mr. Utter reported that the Navigation Pointe Apartments project was an 124-unit family
housing project at Navigation and Bear Lane. He said the city had previously awarded a loan in the
arn.ount of $1 00,000. He saId the developer had requested an additional low interest loan of$50,000
for the project with a maximum term of 36 months. He said the loan would be repaid from the
developer's fee at the time of cost certification at the end of the certification period.
In conclusion, Mr. Utter said the city's biggest affordable housing need was for large family
units and senior citizen units. He said the Buena Vida and Navigation Pointe Apartment complexes
were worthy projects and asked for the Board's support. There were no comments from the public.
A motion was made and seconded to approve the loans for the projects. Secretary Chapa polled the
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Minutes - CCCIC meeting
Juae 13,2006- page 2
Board for their votes on Items 4 and 5 as follows:
4. MOTION TO APPROVE AN ADDITIONAL HOME PROGRAM SHORT -TERM LOAN
I' 0 BUENA VIDA SENIOR VILLAGE IN THE AMOUNT OF $300,000.
fhe foregoing motion was passed and approved with the following vote: Kinnison, Chesney,
Cooper., Garcia, Garrett, Kelly, Noyola, and Scott, voting "Aye"; Marez was absent.
5. MOTION TO APPROVE AN ADDITIONAL HOME PROGRAM LOAN TO
\IAVIGATJON POINTE APARTMENTS IN THE AMOUNT OF $50,000.
fhe foregoing motion was passed and approved with the following vote: Kinnison, Chesney,
CoopeL Garcia, Garrett, Kelly, Noyola, and Scott, voting "Aye"; Marez was absent.
President Kinnison called for pub he comment. There were no comments from the audience.
fhere being no further business to come before the Board, President Kinnison adjourned the
meeting at 1 :50 p.m. on June 13,2006
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CITY OF CORPUS CHRISTI
CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION
COMBINED BALANCE SHEET
July 31, 2006
UNAUDITED
Loan Program Special Project HOME Program
ASSETS Fund Fund Fund Total
Cash and investments 734,995 221.512 761,317 1,717,824
Due from US Government/Other Fund 862,127 0 5,701 867,828
Mortgates receivable 10,756,959 0 7,176,479 17,933,438
AccruQ41 interest receivable 0 1,545 0 1,545
Account receivable 0 0 1,000 1,000
LeasehOld Improvements (net of
accurQUlated amortization) 0 0 0 0
Investment in property (net of
accurQUlated depreciation) 182,140 21,047 0 203,187
Total assets 12.536,221 244,104 7,944.497 20.724,822
L1ABILlTtES AND FUND BALANCE
Liabilities:
Accounls payable 549,217 0 125,370 674,587
Bank note payable 0 0 0 0
T atal liabilities 549,217 0 125,370 674,587
Fund Ballince:
Reserved for mortgages 10,756,959 21,047 7,176,479 17,954,485
Reserved for Investments 182.140 0 0 182,140
Unresef!Ved 1,047.905 223,057 642,648 1,913,610
Total fund balance 11,987,004 244,104 7,819,127 20,050,235
T atalliabilities and fund balance 12,536.221 244.104 7.944.497 20.724.822
......---.--.."-
CITY OF CORPUS CHRISTI
CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION
COMBINED STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES
FOR THE TWELVE MONTHS ENDING JULY 31,2006
UNAUDITED
Loan Program Special Project HOME Program
Fund Fund Fund Total
Revenues:
Contribution from Federal Government 0 0 1,040,449 1,040,449
Interest on loans 4,870 0 15,487 20,357
Intereston investments 7,960 1,517 5,183 14,660
Rental income 124,355 0 0 124,355
Miscell8neous 39,742 0 381 40,123
Total revenues 176,927 1,517 1,061,500 1,239,944
Expenditures:
Grants 32,812 0 951,733 984,545
Warranty Work 84,070 0 6,400 90,470
Community Development administration 0 0 210,713 210,713
Loan processing 0 0 26,502 26,502
Accounting services 0 0 1,568 1,568
Interest expense 2,804 0 0 2,804
Miscell8neous 0 0 0 0
Accumulated amortization-
forgiv.e loans 113,993 0 8,576 122,569
leasehOld improvements 74,377 0 0 74,377
AccumUlated depreciation - building 7,459 0 0 7,459
Total expenditures 315,515 0 1,205,492 1,521,007
Excess of revenues over expenditures (138,588 ) 1,517 (143,992) (281,063)
Other fi"."cing sources(uses)
Operatiftg transfers in(out):
Tran8fer From CDBG 160,937 0 0 160,937
Transfer To CDBG (293,768) 0 0 (293,768)
Total other financing sources( uses) (132,831) 0 0 (132,831)
Excess (Deficit)of revenues and other financing
sources over expenditures and other uses 1271.419) 1,517 (143,992) (413,894)
Fund balances at August 1,2005 12,258,423 242,587 7,963,119 20,464,129
Fund balences at July 31, 2006 11 ,987.004 244,104 7.819,127 20,050,235
Memorandum
TO: President Rex Kinnison and Members of the Board of the Corpus Christi
Community Improvement Corporation
FROM: George K. Noe, General Manager
DATE: August 17, 2006
sueJECT: Request for Meeting of the Corpus Christi Community Improvement Corporation
(CCCIC) on August 22, 2006
I am requesting that a meeting of the Corpus Christi Community Improvement Corporation
(CCCIC) be held during the Council meeting of August 22, 2006, to consider the following items:
1 Approval of a $209,124 short term (12 months) bridge loan from HOME funds for the
LULAC West Park Apartments: The LULAC West Park Apartments located in the greater
northwest at 10702 IH 37 consists of 124 multi-family units This project is one of the older non-
profit subsidized apartment complexes in the city and was one of the first in the greater
northwest In recognition that the project needed substantial rehabilitation, the City Council
approved a $125,000 FY2006 HOME allocation and the City is also processing a $100,000 City
Rental Rehabilitation Loan Program allocation We are pleased to report that the project has just
received a low Income housing tax credit allocation from the Texas Department of Housing and
Community Affairs (Unfortunately, the proposed Buena Vida project located on Old Brownsville
Road, a senior citizens complex, did not receive a tax credit allocation. While we continue to
support that project, we are recaptunng the HOME funds allocated to that project and will work
closely with the developer when he resubmits for a future allocation.)
In order for the LULAC project to move forward, and to fully qualify for the State tax credits, the
project needs an additional short term bridge loan in the amount of $209,124. We are
recommending that the CCCIC authorize such a loan at 3% interest with a term of the shorter of
12 months or the date of closing of the tax credits (We anticipate this will happen in March/April
2007 }
2. Authorization for the Cliff Maus Village Apartment Complex to move certain HOME funds
between their 2005 and 2006 projects: The Cliff Maus complex located on West Point Road
consists of 110 apartments for low to moderate income families. This project is one of the oldest
non-profit subsidized complexes in the city and was originally constructed and is operated under
a trust established by the Episcopal Church Parishes of Corpus Christi. The complex was
awarded a $100,000 HOME grant from the 2005 allocation for a sewer line rehabilitation project.
Out of the 2006 HOME allocation, the complex was awarded a $100,000 grant for a water line
rehabilitation project Representatives of the complex have come to the City and explained that
the sewer line project IS coming in over budget but the water line project is under budget. The
project representatives have asked for permission to move surplus funds from the water project to
the sewer project and limited funds to correct code violations at several exterior stairs. Since all
of these projects are eligible under the HOME program and they do not increase funding, we
recommend approval
3. Approval of a change in the 2006 allocation of HOME funds to Nueces Loft Apartments,
LP, to change the previously approved $300,000 low interest loan to a grant and
authorizing a new $500,000 low interest loan in support of the project: The Nueces Loft
Apartments consists of the redevelopment of the Nueces Building located at 317 Peoples into 66
loft style apartments. This redevelopment is part of the City's efforts in revitalizing downtown and
has been discussed previously by the City Council The redevelopment group originally had
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requested a $300,000 HOME loan and a $500,000 grant. The group was awarded a $300,000
HOME loan, while the group attempted to secure a $500,000 HUD grant directly from HUD. The
grant was not forthcoming and, therefore, the group entered into discussion with the City. As a
result of those discussions, we are now recommending that the project be allocated a loan from
HOME funds of $500,000 coupled with a grant of $300,000 from HOME funds. The loan of
$500,000 would be based on a 30-year amortization with a term of 7 years with a balloon with no
payments for the first two years although interest would accrue. In our discussions with the
development partnership, we believe this loan and grant represent the minimum necessary to
make thIS project feasible Staff has found that we can provide a bridge loan for the first year
within the HOME program We would recommend that the bridge loan continue to be funded out
of an allocation from reprogram funds and/or the 2007 HOME program. The developers will be
putting In approximately $3,000,000 from private sources. We recommend these changes to
allow thiS exciting rehabilitation and downtown revitalization project to move forward.
George K. Noe
General Manager