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HomeMy WebLinkAboutAgenda Packet City Council - 08/18/2009=NW hasOW ugust 18, 2 'Tr 11:45 A.M. - Proclamation declaring Wednesday, August 26, 2009 as' Women's Equality Day" Commendation Certificates: Tuloso- Midway Middle School Varsity Treble Choir, Best in Class CC Division Commendation Certificates: Carroll High School, Careers of the Future International Club Presentation by Mayor Joe Adame to Myra Brown, Navy Community Service Coordinator as "Military Ambassador of the City of Corpus Christi" Swearing -in Ceremony for newly appointed Municipal Court Judges AGENDA CITY OF CORPUS CHRISTI REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD ST. CORPUS CHRISTI, TEXAS 78401 AUGUST 18, 2009 12:00 P.M. PUBLIC NOTICE - THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. Members of the audience will be provided an opportunity to address the Council at approximately 12:00 p.m. Please speak into the microphone located at the podium and state your name and address. Your presentation will be limited to three minutes. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Si Usted desea dirigirse al Concilio y cree que su ingles es limitado, habra un interprete inglds- espafiol en todas las juntas del Concilio para ayudarle. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary's office (at 361- 826 -3105) at least 48 hours in advance so that appropriate arrangements can be made. A. Mayor Joe Adame to call the meeting to order. B. Invocation to be given by Reverend Eutimio "Tim" Gonzales, Jr., Kelsey Memorial United Methodist Church. C. Pledge of Allegiance to the Flag of the United States. D. City Secretary Armando Chapa to call the roll of the required Charter Officers. Mayor Joe Adame Mayor Pro Tem John Marez Council Members: Chris N. Adler City Manager Angel R. Escobar Brent Chesney City Attorney Mary Kay Fischer Larry Elizondo, Sr. City Secretary Armando Chapa Kevin Kieschnick Priscilla Leal Nelda Martinez Mark Scott Agenda Regular Council Meeting August 18, 2009 Page 2 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) E. MINUTES: 1. Approval of Regular Meeting of July 28, 2009. (Attachment # 1) F. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 12:00 P.M. PLEASE LIMIT PRESEN- TATIONS TO THREE MINUTES. IF YOU PLAN TO ADDRESS THE COUNCIL DURING THIS TIME PERIOD, PLEASE SIGN THE FORMAT 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.) PLEASE BE ADVISED THAT THE OPEN MEETINGS ACT PROHIBITS THE CITY COUNCIL FROM RESPONDING AND DISCUSSING YOUR COMMENTS AT LENGTH. THE LAW ONLY AUTHORIZES THEM TO DO THE FOLLOWING: 1. MAKE A STATEMENT OF FACTUAL INFORMATION. 2. RECITE AN EXISTING POLICY IN RESPONSE TO THE INQUIRY. 3. ADVISE THE CITIZEN THAT THIS SUBJECT WILL BE PLACED ON AN AGENDA AT A LATER DATE. 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. G. 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. Agenda Regular Council Meeting August 18, 2009 Page 3 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 2. Executive session pursuant to the Texas Government Code Section 551.074 Personnel Matters to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of Municipal Court Judges including the appointment of a Presiding Municipal Court Judge with possible related discussion and action in open session. H. BOARDS & COMMITTEE APPOINTMENTS: (Attachment # 3) 3. * Animal Control Advisory Committee * Building Standards Board * Community Youth Development (78415) Program Steering Committee * Intergovernmental Commission on Drug & Alcohol Abuse * Park and Recreation Advisory Committee I. 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. J. CONSENT AGENDA Notice to the Public The following items are of a routine or administrative nature. The Council has been furnished with background and support material on each item, and/or it has been discussed at a previous meeting. All items will be acted upon by one vote without being discussed separately unless requested by a Council Member or a citizen, in which event the item or items will immediately be withdrawn for individual consideration in its normal sequence after the items not requiring separate discussion have been acted upon. The remaining items will be adopted by one vote. CONSENT MOTIONS, RESOLUTIONS, ORDINANCES AND ORDINANCES FROM PREVIOUS MEETINGS: (At this point the Council will vote on all motions, resolutions and ordinances not removed for individual consideration.) Agenda Regular Council Meeting August 18, 2009 Page 4 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 4. Motion authorizing the purchase of specialized equipment for Nueces County for a total amount of $110,500 under the Community Preparedness Section /Bioterrorism Discretionary Fund Projects Phase II Grant awarded to the Corpus Christi - Nueces County Public Health District and available in the Health Grant Fund 9100. (Attachment # 4) 5. Motion approving a supply agreement with Ergon Asphalt & Emulsions, Inc., of Austin, Texas for emulsified polymerized asphalt (HFRS -2) in accordance with Bid Invitation No. BI -0123- 09 based on only bid for an estimated semi - annual expenditure of $289,450. The term of the agreement shall be for six months with options to extend for up to five additional six -month periods, subject to the approval of the supplier and the City Manager or his designee. Funds have been budgeted by the Street Department for FY 2009 -2010. (Attachment # 5) 6. Motion approving a supply agreement with IDEXX Distribution Inc., of Westbrook, Maine for the laboratory testing reagent "Colilert" in accordance with Bid Invitation No. BI- 0172 -09 based on sole source for an estimated annual expenditure of $52,577.50. The term of the supply agreement shall be for twelve months with an option to extend for up to two additional twelve month periods, subject to the approval of the supplier and the City Manager or his designee. Funds have been budgeted by the Health and Water Departments for FY 2009- 2010. (Attachment # 6) 7. a. Motion authorizing the City Manager or his designee to accept a grant in the amount of $1,132,124 from the U.S. Department of Justice, Bureau of Justice Assistance, for funding eligible under the FY 2009 Recovery Act Edward Byrne Justice Assistance Grant, funds to be distributed to Nueces County, City of Robstown, and City of Port Aransas under the established Interlocal Agreements, and to execute all related documents. (Attachment # 7) b. Ordinance appropriating $1,132,124 from the U.S. Department of Justice, Bureau of Justice Assistance in the No. 1061 Police Grant Fund to be distributed to City of Corpus Christi, Nueces County, City of Robstown, and City of Port Aransas for the purchase of law enforcement equipment. (Attachment # 7) Agenda Regular Council Meeting August 18, 2009 Page 5 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 8. Resolution authorizing the City Manager, or his designee, to execute a second amendment to the Interlocal Agreement on the Integrated Alert Notifications and Information System between the City of Corpus Christi, Nueces County and Kleberg County. (Attachment # 8) 9. Ordinance authorizing sale of sixty -seven (67) properties shown on the attached and incorporated Exhibit A at a tax resale auction with opening bids of 30% of the most recent tax appraisal value as described on the attached Exhibit A. (Attachment # 9) 10. Motion authorizing the City Manager or his designee to execute an annual joint funding agreement with the United States Geological Society (USGS), U.S. Department of the Interior, to gather and maintain accurate records of all inflows and releases in the reservoir system as per Texas Water Rights Permit No. 3358 and for the continuation of surface water quality data collection by the USGS. The City will contribute an amount of $320,455 out of a total project cost of $379,230 during the federal fiscal year October 1, 2009 through September 30, 2010. (Attachment # 10) 11. Motion authorizing the City Manager, or his designee, to execute a construction contract for the Base Bid, and Additive Alternate 1 with Haeber Roofing Company, of Corpus Christi, Texas in an amount not to exceed $170,985.00 for the Corpus Christi International Airport for the Terminal Re- Roofing Project, Old Wing - 2008. (Attachment # 11)' 12. Motion authorizing the City Manager or his designee to execute Amendment No. 5 to the Contract for Professional Services with HDR Engineering Inc., of Corpus Christi, Texas, in the amount of $269,131.94 for a revised fee not to exceed $961,863.18 for Greenwood Drive, Phase 1 from Gollihar to SPID for additional construction administration and construction observation services. (BOND ISSUE 2004) (Attachment # 12) 13. Motion authorizing the City Manager, or his designee, to execute Change Order No. 1 to the construction contract with SLC Construction, L. P. of Conroe, Texas in the amount of $195,060, for a total restated fee of $8,241,388.91, for North Port Avenue from IH 37 to US 181 for the box culvert crossing under North Port Avenue. (BOND ISSUE 2004) (Attachment # 13) Agenda Regular Council Meeting August 18, 2009 Page 6 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 14. Motion authorizing the City Manager or his designee to execute Amendment No. 1 to the Contract for Professional Services with Urban Engineering of Corpus Christi, Texas, in the amount of $82,500 for a total restated fee of $1,339,000 for design of the revised offsite drainage improvements for Flour Bluff Drive, Phase 1 from South Padre Island Drive to Graham Road. (BOND ISSUE 2008) (Attachment # 14) 15. Ordinance authorizing the City Manager or his designee to execute a three (3) year Temporary Parking Lease Agreement of 1.10 acres of vacant land from St. John Baptist Church at the rate of $350 per use plus $70 for mowing, if needed, for use as accessory parking needed for the periodic auctions of the New Vehicle Impound Lot located at Greenwood Drive. (Attachment # 15) 16. a. Motion authorizing the City Manager or his designee to execute a Participation Agreement with Grace United Methodist Church, Developer of Nueces River Irrigation Park, Block 2, Lot 2A, located south of Northwest Boulevard (FM 624) and east of River Hills Drive, for the extension of River Hills Drive. (Attachment # 16) b. Ordinance appropriating $150,488.43 from the Bond 2008, Streets Developer Participation Funds to reimburse Grace United Methodist Church for the City's portion of the cost for the extension of River Hills Drive, as specified in the - Participation Agreement. (Attachment # 16) 17. First Reading Ordinance - Revising Section 12 -7, Code of Ordinances, City of Corpus Christi, to allow swimming in the Corpus Christi Marina during special events approved by the Marina Superintendent; providing for penalties; and providing for publication. (Attachment # 17) 18. First Reading Ordinance - Amending the Code of Ordinances, Chapter 2 "Administration," to establish the Advisory Committee on Community Pride; providing for publication. (Attachment # 18) Agenda Regular Council Meeting August 18, 2009 Page 7 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 19. First Reading Ordinance - Revising Section 16 -4, Code of Ordinances, City of Corpus Christi, to authorize the presiding officer to waive or reduce the Technical Construction Codes Fees after a declaration of a local state of disaster; providing for publication. (Attachment # 19) K. PUBLIC HEARINGS: ANNEXATION: 20. a. Public Hearing to consider and Resolution granting the Petition of the Veterans' Land Board of the State of Texas for annexation of 54.837 acres of land, located at the intersection of Carbon Plant Road and the eastern Interstate Highway 37 service road, into the City of Corpus Christi, Texas. (Attachment # 20) b. Ordinance annexing 54.837 acres of land owned by the Veterans' Land Board of the State of Texas, located at the intersection of Carbon Plant Road and the eastern Interstate Highway 37 service road, providing that the owners and inhabitants are entitled to all rights, privileges, and burdens of other citizens and property owners of the City of Corpus Christi and are subject to and bound by the City Charter, ordinances, resolutions, and rules; providing for amendment of the official maps of the City of Corpus Christi; providing an effective date. (Attachment # 20) ZONING CASES: 21. Case No. C0609 -02, City of Corpus Christi: Zoning newly annexed land to a "F -R" Farm Rural District resulting in a change of land use from vacant to agricultural land use on property described as 54.837 acres of land, more or less out of the following tracts: (Attachment # 21) 1) A 2.158 acre tract recorded In Document No. 2004035681, Official Public Records of Nueces County, Texas; 2) A 34.19 acre tract recorded in Volume 2130, Page 84, Deed Records of Nueces County, Texas; Agenda Regular Council Meeting August 18, 2009 Page 8 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 3) A 54.91 acre Tract recorded in Volume 1713, Page 102, Deed Records of Nueces County, Texas; and 4) A 40 acre tract recorded in Volume 1810, Page 224, Deed Records of Nueces County, Texas, and this tract being out of Desiderio Martinez Survey 420, A -857, and Pedro Hinojosa Survey, A -850. Planning Commission and Staffs Recommendation: Approval to zone newly annexed land to a "F -R" Farm Rural Zoning District. ORDINANCE Ordinance amending the Zoning Map of the City of Corpus Christi in reference to newly annexed property owned by the Veterans' Land Board of the State of Texas, located at the intersection of Carbon Plant Road and the Interstate Highway 37 East Service Road, as a "F -R" Farm -Rural District; amending conflicting provisions of the City's Comprehensive Plan; repealing conflicting ordinances, providing for penalties; providing for publication. 22. Case No. 0609 -01 Scott Ellison /Carl Howard: A change of zoning from a "F -R" Farm Rural District to a "B -2A" Barrier Island Business District resulting in a change of land use from vacant farm land to commercial on property described as 12.25 acres out of a 12.95 acre tract of land out of the William Bryan Survey, A-46, recorded in Volume 1854, Page 421 of the Deed of Records of Nueces County, Texas, on the west side of State Highway 361 located between Mustang Island State Park and Packery Channel. (Attachment # 22) Planning Commission and Staffs Recommendation: Approval of the "B -2A" Barrier Island Business District. ORDINANCE Ordinance amending the Zoning Ordinance, upon application by Scott Ellison and Carl Howard, by changing the Zoning Map in reference to 12.25 acres out of 12.95 acre tract of land out of the William Bryan Survey, A-46, from "F -R" Farm Rural District to "B -2A" Barrier Island Business District; amending the Agenda Regular Council Meeting August 18, 2009 Page 9 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; providing a penalty; providing for publication. STREET CLOSURES: 23. Public Hearing to consider and First Reading Ordinance abandoning and vacating a 26,971- square foot portion of undeveloped and unsurfaced, dedicated public right -of -way (Nile Drive), located west of Ennis Joslin Road public right -of- way; subject to compliance with the specified conditions. (Attachment # 23) 24. Public Hearing to consider and First Reading Ordinance to consider abandoning and vacating a 9,955.03- square foot portion of dedicated public right -of -way (Alta Plaza Drive), located west of the Ocean Drive public right -of -way; subject to compliance with the specified conditions. (WITHDRAWN BY STAFF) AD VALOREM TAX RATE: 25. First Public Hearing on proposed Ad Valorem Tax Rate increase. (Attachment # 25) L. REGULAR AGENDA CONSIDERATION OF MOTIONS, RESOLUTIONS, AND ORDINANCE -S: 26. Ordinance amending the Code of Ordinances, City of Corpus Christi, Chapter 2, Article V, Code of Ethics, regarding conflicts of interest, gifts, financial disclosure reports, ethics commission duties, and disclosure of interests; providing for publication; and providing an effective date. (Attachment # 26) 27. Resolution approving creation of the Coastal Bend Cultural Education Facilities Finance Corporation; approving the Articles of Incorporation and Bylaws; appointing the Initial Directors; and containing other provisions relating to the subject. (Attachment # 27) Agenda Regular Council Meeting August 18, 2009 Page 10 28. 29. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) a. Motion authorizing the City Manager or his designee to execute a renewal agreement between the City of Corpus Christi and HiIICo Partners for state governmental relations services in the amount of $63,000. (Attachment # 28) b. Motion authorizing the City Manager or his designee to execute a renewal agreement between the City of Corpus Christi and Meyers & Associates for federal governmental relations services in the amount of $90,000. (Attachment # 28) a. Ordinance appropriating $112,844.68 of the Unreserved Fund Balance in the General Fund No. 1020 for payment to the Corpus Christi Firefighters' Retirement System for past uniform allowance contributions; changing the FY 2009 -2010 Operating Budget adopted by Ordinance No. 028252 by increasing expenditures by $112,844.68. (Attachment # 29) b. Motion authorizing payment to the Corpus Christi Firefighters' Retirement System in the amount of $112,844.68 for past uniform allowance contributions - contingent upon a written resolution from the Board of Trustees for the Corpus Christi Fire Fighters' Retirement System that the Board will take all reasonable efforts to secure approval from the active firefighters for their contributions. (Attachment # 29) 30. Consideration of an appeal by Ronald A. Voss, Sr., of the Building Standards Board's decision to require demolition of the west wing of the structure located at Lot 2, Copps Addition, commonly known as 1502 Tarlton Street. (Postponed on July 14, 2009) (Attachment # 30) M. PRESENTATIONS: Public comment will not be solicited on Presentation items. 31. Water Conservation and Drought Management Plan (Attachment # 31) N. CITY MANAGER'S COMMENTS: (NONE) Agenda Regular Council Meeting August 18, 2009 Page 11 O. ADJOURNMENT: POSTING STATEMENT: This agenda was posted on the City's official bulleti entrance to City Hall, 1201 Leopard Street, at on August 13, 2009. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) board at the front p.m., Armando Chapa City Secretary NOTE: The City Council Agenda can be found on the City's Home Page at www.cctexas.com on the Thursday before regularly scheduled council meetings. If technical problems occur, the agenda will be uploaded on the Internet by the Friday. Symbols used to highlight action items that implement council goals are on attached sheet. City Council Goals 2009 -2011 WATER env an cnrnns Christi Economic Development Strategic Plan Coliseum Plan Development Process Improvement Support Public Safety Garwood Water Plan Develop Street Plan Community Pride Sustainability and Renewable Energy 1 MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting July 28, 2009 — 8:30 a.m. PRESENT Mayor Joe Adame Mayor Pro Tem Kevin Kieschnick Council Members: Chris N. Adler Brent Chesney* Larry Elizondo, Sr. Priscilla Leal John Marez* Nelda Martinez Mark Scott *Arrived at 8:45 a.m. City Staff: City Manager Angel R. Escobar City Attorney Mary Kay Fischer City Secretary Armando Chapa Mayor Adame called the meeting to order in the Council Chambers of City Hall. Council Member Leal requested that a special prayer be made for the members of the Pan American Golf Association visiting Corpus Christi. The invocation was delivered by Pastor Mark Montgomery with Grace United Methodist Church and the Pledge of Allegiance to the United States flag was led by Council Member Priscilla Leal. City Secretary Chapa called the roll and verified that the necessary quorum of the Council and the required charter officers were present to conduct the meeting. Mayor Adame called for approval of the minutes of the regular Council meeting of July 21, 2009. A motion was made and passed to approve the minutes as presented. * * * * *** * * *** Mayor Adame referred to Item 2 regarding the City Economic Incentives Policies for2009- 2010. Director of Economic Development Irma Caballero introduced the presentation team including Interim Assistant City Manager of Development Services Johnny Perales, CEO of the Corpus Christi Regional Economic Development Corporation (EDC) Roland Mower, and Economic Development Office representatives Patrick Wilshire and Emily Martinez. Ms. Caballero referred to a powerpoint presentation including the work performed; the incentive policies package; local policies; tax abatement; Chapter 380; tax incentive financing (TIF); municipal management districts; public improvement districts (PID); Business and Job Development Corporation; Freeport exemption; fast track permitting process; waivers and reductions of fees; large retail /mixed use policy; the renewal community program; scorecard; and recommendations The following topics pertaining to this item were discussed: the reduction waiver policy; whether residential is eligible for tax abatement; if any bonds have been sold for the downtown TIF area; whether the retail projects received ad valorem tax abatements; the difference between the tax abatement and the Chapter 380 agreement; whether other cities abate appreciation in land value in catalyst areas; if the meatpacking company that received a 380 agreement was in a catalyst area; considering the northwest area as a catalyst area; a process to review the return on investment; the renewal community area; discussions for expansion of the Downtown Management District (DMD); the petition process for the DMD; whether the City currently has any public improvement districts; —1— Minutes — Regular Council Meeting July 28, 2009 — Page 2 the early assistance meeting in the fast track permitting process; the turnover rate for Development Services; the 4A ballot language in 2002 that was more restrictive than the state statute; the 2% sales tax cap; creating bond language for street improvements; how the sales taxes are renewed; the waiver of penalty fees due to city error; other cities that waive development fees; creating a fund to reimburse the City for reduction or waiver of development fees for creation ofjobs; the application fee schedule; whether there are any existing business that have created a TIF that is not created by the city; working with the Regional Transportation Authority to create economic development; development at the airport; how police officers are paid for moving houses; redevelopment of the economic development website including the cost; the Economic Development Department's MIS allocation; and including the school districts and Nueces County in the partnership efforts. Mr. Mower introduced new EDC staff member Mike Culberson who will focus on the compliance testing and performance evaluation of agreements. Council Member Kieschnick requested a copy of the 4A ballot language used in 2000. Council Member Scott requested a list of five cities that waive development fees for projects. Mayor Adame referred to Item 3 regarding GASB 45: Other Post Employment Benefits — How it affects the City's Budget and Insurance Premiums. Assistant City Manager Oscar Martinez referred to a powerpoint presentation including an explanation of GASB 45; the reason for following GASB 45 reporting requirements; the decision to fund or not to fund; what other cities are doing; what the City is currently doing; and the fire rate increases. The following topics pertaining to this item were discussed: if the City's bond counsel has notified the City that not funding the post employment obligation will have a negative impact on the City's credit rating; the action required to separate the retiree health plan with separate rates and whether the contracts would have to be re- opened; the breakdown of the proposed budget rate changes; the three tiers of the fire rate increase; the Police /Fire Union consultant's recommendation on the amount for the reserve requirement; the attachment point of 25% for catastrophic reserve; staffs support of a 10% catastrophic reserve in claims; the recommendation for the pay as you go plan in this budget; the total amount to fund GASB 45 in this budget and to fully fund; if the funding will come from the insurance reserve fund; the City's match for health insurance; if the City is over over - funding the insurance fund; setting up a separate fund for GASB; the financial consequences for not funding GASB other than the credit ratings; how long the City has offered health insurance and retirement benefits for employees; the effect that a separate retirement plan will have on rates; the reason the City would have to fund GASB over a 30 -year period; other sources to fund GASB; and the reserve balance for each fund. Mr. Martinez stated that staff is recommending the pay as you go plan to minimize future liability and ask to come back to the Council in August with a recommendation on how to move forward. Council Member Chesney requested a copy of the proposed budget rate increase regarding GASB 45, the premiums for the fire plan, and the options provided by staff. Mayor Adame called for a brief recess to present proclamations and listen to public comment. ••*** * *** * *x* Mayor Adame called for petitions from the audience. Buck Sosa, 3801 Devonshire, stated that the firefighter retirees were not included on the insurance committee and spoke regarding the affect of the insurance premiums for firefighters, retirees, and widows. Foster Edwards, Sylvia Oliver and Carol Gomez, invited the Council to attend the Spirit of Texas awards honoring small -2- Minutes — Regular Council Meeting July 28, 2009 — Page 3 businesses on August 12`h. Sylvia Cuera, 2806 Quebec, spoke in support for the police and firefighters. Wilson Wakefield, 6026 Killarmet, spoke in protest to the Las Brisas plant. Guy Watts asked that the police contracts include downtime for organized physical conditioning. Dr. Nick Adame, representative for LULAC Council No. 1, spoke in support of the police and fire departments. Colin Sykes, 309 Aberdeen, spoke regarding the effects of the Las Brisas plant. Maria Gonzalez, 1813 Amazon, spoke regarding GASB 45 and increasing salaries for city employees. Kassie, Samantha, and Rebecca Goce, 1306 Aswan Drive, asked that the council consider the impact of GASB 45 to the families of police and firefighters and requested support for the police and fire departments. An unidentified woman spoke in support of the police and firefighters. Lt. J. Ermis, 5054 Merganger Drive, encouraged the Council to not rush into a decision on GASB 45 and spoke regarding the effect of the Las Brisas Plant on the air quality. Lionel Lopez, 4325 Phillipine Street, spoke regarding the effect ofa separate retirement fund for retirees. Rob Carver, 3318 Montclair, stated that an organization of pastors is praying for Corpus Christi and the Council and appreciate the Council serving the community. Willie Adams, 1641 Nile, spoke regarding the organization "In the Interest of Justice" and ethics. Manuel Garza, 6614 Samba Drive, asked the Council to consider the impact that their decisions will have on current employees and retirees. Susie Luna Saldana, 4710 Hakel, spoke in support of the police, fire, and city employees and asked the Council to do what is in the employee's best interest. Ms. Saldana also spoke regarding the code of ethics. Huxley Smith, 1913 Thames, asked the Council if anything could be done to entice the media to not show graffiti in the community. Juan Araiza, 5921 Shadow Wood, asked the Council to reconsider placing the Memorial Coliseum on the agenda. Mr. Araiza also spoke regarding the golf courses. Sgt. Billy Browning, 11645 Chispa Creek, spoke regarding sewage in the Northwest area and in opposition to GASB 45. Ron Zirbes asked the Council to receive all the facts and to take care of the police and firefighters. Lucy Rubio, 1713 Citation, spoke in support of the firefighters, police officers, retirees, and current city employees and stated that the employees need to be compensated for all of their hard work. Dusty Partney, 1921 Stardust, said that the GASB 45 issue is not clearly understood and will affect the retirement for firefighters. Rene Saenz spoke regarding the scholarship program supported by the Human Relations Commission. Mayor Adame requested an update on the Human Relations Scholarship Program. J.E. O'Brien, 4130 Pompano, spoke regarding designating additional parking spaces at City Hall for the disabled. Mayor Adame asked staff to consider this request. Abel Alonzo, 1701 Thames, spoke in support of the police and firefighters. * * * * * * * * * **** Mayor Adame announced the executive sessions, which were listed on the agenda as follows: 4. Executive session under Texas Government Code Section 551.071 regarding Sherman King and Jenny King vs. Juan Gabriel Salinas and the City of Corpus Christi, Texas; Cause No. 07- 4268 -E; in the 148th Judicial District Court, Nueces County, Texas, with possible discussion and action in open session. 5. Executive session under Texas Government Code Section 551.071 to conduct a private consultation with its attorney regarding Nueces County Water Control and Improvement District No. 4 v. The City of Corpus Christi, before the Texas Commission on Environmental Quality, Original Petition Appealing a Wholesale Water Rate and Request for Interim Rates, with possible discussion and action in open session. —3— Minutes — Regular Council Meeting July 28, 2009 — Page 4 6. Executive session under Texas Government Code Section 551.074, Personnel Matters, for deliberations regarding the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of Municipal Court Judges 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: 4. MOTION NO. 2009 -219 Motion authorizing the City Manager to settle Cause No. 07- 4268 -E; Sherman King and Jenny King vs. Juan Gabriel Salinas and the City of Corpus Christi, for the sum of $80,000.00, subject to certification of funds. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 6.a. MOTION NO. 2009 -220 Motion accepting resignation of Part Time Municipal Court Judge Hector DePena. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 6.b. ORDINANCE NO. 028261 Ordinance appointing Rodolfo Tamez, Margie Silva Flores, Mary K. Medary, Michael Alaniz, and Julianna Siracusa Rivera as municipal judges of the Municipal Court of Record in the City of Corpus Christi; appointing Deanie King as Magistrate Judge of the Municipal Court of Record in the City of Corpus Christi; appointing Melissa Kay Madrigal, Jerry L. Batek, Craig Henderson, Christopher Matt and Patrick O'Hare as part-time judges of the Municipal Court of Record in the City of Corpus Christi; determining salary; providing a term of office. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye". 6.c. MOTION NO. 2009 -221 Motion to accept resignation of Judge Rodolfo Tamez as Presiding Judge effective upon new replacement being appointed. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". Motion was made directing staff to post the position of Presiding Judge of the Municipal Court of Record in the City of Corpus Christi, Texas. —4— Minutes — Regular Council Meeting July 28, 2009 — Page 5 Mayor Adame returned to Item 3 regarding GASB 45: Other Post Employment Benefits — How it affects the City's Budget and Insurance Premiums. Assistant City Manager Martinez provided the Council with requested information on the status of be fund balance and the recommendations or approaches to resolving the GASB issue. The following topics pertaining to this item were discussed: the estimated FY2010 fund balance for the unreserved fire plan; the difference between the commitments and unreserved fire balances; the GASB 45 projected obligation; reducing the catastrophic reserve to 10 %; the fund balance policy; addressing the GASB 45 liability; the breakdown for fire premium increases; un- blending the insurance rates; timeline for a new policy and recommendation on the reserve fund balance; consideration to continue the pay as you go for GASB in today's budget approval; whether other cities are using the pay as you go plan; if the GASB issue can be delayed; the total appropriation to approve in the budget excluding the increase to fund the reserve and the GASB commitment; continuing dialogue with the unions; whether the contract negotiations would have to be opened; if it is possible to resolve this issue within 30 to 60 days; if the catastrophic amount is part of the contracts; whether the fund balance policy can be changed today; the budgetary consequences if the Council does not fund the reserve and GASB; and the irrevocable trust fund. Mr. Martinez said staff would provide a timeline and the revised appropriations without the administration policy and the funding of GASB 45. Mayor Adame announced that Item 22 was postponed until August 18'6. 22. POSTPONED UNTIL AUGUST 18, 2009 Ordinance amending the Code of Ordinances, City of Corpus Christi, Chapter 2, Article V, Code of Ethics, regarding conflicts of interest, gifts, financial disclosure reports, ethico effective date. Mayor Adame referred to Item 7 and the following board appointments were made: Corpus Christi Convention and Visitors Bureau John Trice (Reappointed) Art Granado (Reappointed) Jyoti Patel (Reappointed) Michael Womack (Reappointed) Nils Stolzlechner (Appointed) Daniel Dain (Appointed) Mayor Adame called for consideration of the consent agenda (Items 8 - 20). City Secretary Chapa announced that Council Member Elizondo would abstain from the discussion and vote on Item 16.a. Mr. Bill Kopeck)/ requested that Item 15 be pulled for individual consideration. Council members requested that Item 15 be pulled for individual consideration. City Secretary Chapa polled the Council for their votes as follows: -5- Minutes — Regular Council Meeting July 28, 2009 — Page 6 8. MOTION NO. 2009 -210 Motion approving the purchase of three (3) tractor loader backhoes in the amount of $187,366; and the lease purchase of one (1) articulating wheel loader, three (3) mini track excavators, and two (2) tractor loader backhoes in the amount of $357,401.11 for a grand total of $544,767.11. The equipment is awarded to the following companies for the following amounts in accordance with Bid Invitation No. BI- 0182 -09, based on low bid, low bid meeting specifications, and best bid. The construction equipment will be used by the Water and Gas Departments. All units are replacements to the fleet. Funding for the purchase of the equipment is available in the Capital Outlay Budget of the Maintenance Services Fund. Financing for the lease purchased equipment will be provided through the City's lease /purchase financing contractor. Anderson Machinery Corpus Christi, TX Line Item: 1 $119,946 Valley Ditch Witch Corpus Christi, TX Line Item: 2 $121,909.11 Robstown Hardware H & V Equipment Robstown, TX Corpus Christi, TX Line Item: 3 Line Items: 4, 5, 6 $34,816 $268,096 Grand Total: $544,767.11 The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 9. MOTION NO. 2009 -211 Motion approving the purchase of one (1) tractor mounted slope mower and one (1) long reach hydraulic excavator from the following companies for the following amounts based on the Cooperative Purchasing Agreement with the Texas Local Government Cooperative, for a total amount of $335,686.58. The equipment will be used by the Storm Water Department. Both units are replacements to the fleet. Funding is available in the Storm Water Maintenance and Operations Budget in FY 2008 -2009. Alamo Sales Corp. Sequin, Texas Line Item: 1 $86,474.58 Waukesha Pearce Industries, Inc. Houston, Texas Line Item: 2 $249,212 Grand Total: $335,686.58 The foregoing motion was passed and approved with the following vote' Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 10. MOTION NO. 2009 -212 Motion authorizing the purchase of specialized equipment for a total amount of $138,698.38 utilizing funds from the 2007 Homeland Security Grant awarded to the City of Corpus Christi and budgeted in the Fire Grant Fund 1062. -6- Minutes — Regular Council Meeting July 28, 2009 — Page 7 The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney. Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 11. MOTION NO. 2009 -213 Motion approving the purchase of hardware, software, and services to upgrade the public safety radio equipment to 700 Mhz from Dailey & Wells, of San Antonio, Texas based on sole source fora total expenditure of $498,526.69. Funds are available through the Public Safety Interoperability Communications Grant. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 12. RESOLUTION NO. 028241 Resolution authorizing the City Manager or his designee, to execute a renewal of Interlocal Cooperation Agreement with Del Mar College for the Fire Department to use the College's Training Field. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 13. RESOLUTION NO. 028242 Resolution authorizing the City Manager or his designee to submit a grant application in the amount of $35,000 to the Coastal Bend Council of Governments for recycling and anti - litter education and to execute all related documents. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 14.a. RESOLUTION NO. 028243 Resolution authorizing the City Manager or his designee to accept additional grant funding in the amount of $2,140, from the Coastal Bend Council of Governments and to execute an amendment to the existing grant agreement to provide recycling and anti - litter education. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 14.b. ORDINANCE NO. 028244 Ordinance appropriating $2,140 in additional grant funding from the Coastal Bend Council of Governments in the No. 1051 Solid Waste Grants Fund to provide recycling and anti - litter education. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". -7- Minutes — Regular Council Meeting July 28, 2009 — Page 8 16.a. RESOLUTION NO. 028246 Resolution nominating Citgo Refining and Chemicals Company, L.P., to the Office of the Governor Economic Development & Tourism, through the Economic Development Bank, for designation as a triple jumbo enterprise project, under the Texas Enterprise Zone Program under the Texas Enterprise Zone Act, Chapter 2303, Texas Government Code. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Chesney, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye "; Elizondo abstained. 16.b. RESOLUTION NO. 028247 Resolution nominating Valero Refining — Texas, L.P., to the Office of the Governor Economic Development & Tourism, through the Economic Development Bank, for designation as a triple jumbo enterprise project, under the Texas Enterprise Zone Program under the Texas Enterprise Zone Act, Chapter 2303, Texas Government Code. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 17. RESOLUTION NO. 028248 Resolution authorizing the City Manager or his designee to execute a contract for the collection of delinquent special assessments, demolition, and weed lien accounts with Linebarger, Goggan, Blair & Sampson, LLP for a fee of 25% of principal and interest collected on delinquent accounts turned over to law firm. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 18. MOTION NO. 2009 -214 Motion authorizing the City Manager or his designee, to execute a professional services agreement with HDR Engineering, Inc. of Corpus Christi, Texas in an amount not to exceed $188,900.00 for the Landfill Gas to Energy Development Assistance. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 19. MOTION NO. 2009 -215 Motion authorizing the City Manager or his designee to execute a construction contract with KJM Commercial of Corpus Christi, Texas, in the amount of $957,500 for the Heritage Park Cultural Center Historical Preservation /Renovation project for the Total Base Bid plus Additive Alternate No. 1. (Bond Issue 2008) The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". -8- Minutes — Regular Council Meeting July 28, 2009 — Page 9 20. MOTION NO. 2009 -216 Motion authorizing the City Manager or his designee to execute a construction contractwith Ram -Bro Contracting, Inc. of Robstown, Texas, in the amount of $500,885 for ADA Ramp and Sidewalk Improvements for Street Overlays Part A (Clusters 1 & 3), Part B (Cluster 2) and Part C (Cluster 4) for the Total Base Bid. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". Mayor Adame opened discussion on Item 15 regarding the application for financial assistance from the Texas Water Development Board for the Garwood Water Supply Project. Council Member Adler reminded staff that this item is a council goal and to complete this project as soon as possible. Bill Kopecky, 3609 Topeka, asked whether the pipeline will be further south and not be stored at Lake Texana. Deputy Water Director Mark Van Vleck stated that the pipeline will go directly into the west delivery system on the Mary Rhodes Pipeline and not through Lake Texana. Council Member Martinez spoke regarding storage on the Colorado River. Mr. Van Vleck explained that the concern with storage on the Colorado River is that an additional permit would be needed. In response to Council Member Marez, Mr. Van Vleck stated that the application is a loan. J.E. O'Brien, 4130 Pompano, stated that he opposed the $8 million loan. Wilson Wakefield, 6026 Killarmet, stated that he doesn't think there is enough water to do this study. Mr. Van Vleck clarified that this is not a study but for the planning, design, and permitting of the pipeline. City Secretary Chapa polled the Council for their votes as follows: 15. RESOLUTION NO. 028245 Resolution by the City Council of the City of Corpus Christi requesting financial assistance from the Texas Water Development Board in the amount of $8,000,000 for the planning, design, and permitting of a pipeline and related facilities between the Colorado River and the Mary Rhodes Pipeline pumping facility at Lake Texana; authorizing the filing of an application for assistance; and making certain findings in connection therewith. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Chesney, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye "; Elizondo was absent. Mayor Adame referred to Item 21 regarding the 81st Legislative Session end report. Director of Intergovernmental Relations Rudy Garza introduced Shanna Igo from the Texas Municipal League (TML) and Snapper Carr with HiIICo Partners. Mr. Garza referred to a powerpoint presentation including the legislative process; the legislative advocacy efforts; Corpus Christi Legislative Day at the Capitol; Coastal Bend legislative efforts; the City's priority legislation; other legislation of interest; support efforts; special session results; and preparation for next legislative session. Ms. Igo provided an overview in the bills filled and passed; the TML policy committees; and the interim activities. Mr. Carr gave an update on the major statewide legislative accomplishments. The following topics pertaining to this item were discussed: the changing of the election date for the City; the gaming issue; windstorm insurance; and prohibited use of cell phones in school zones. *** * * * ** ** * ** Minutes — Regular Council Meeting July 28, 2009 — Page 10 Mayor Adame opened discussion on Item 23 regarding a competitive funding application for broadband initiatives and technology opportunities. Director of Municipal Information Systems (MIS) Michael Armstrong provided a brief overview of this item including a background; the application timeline; grant projects the City is considering; and partnerships. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 23. RESOLUTION NO. 028249 Resolution authorizing the City Manager or his designee to submit a competitive funding application to the National Telecommunications and Information Administration (NTIA) for Broadband Initiatives Program (BIP) and Broadband Technology Opportunities Program Funding (BTOP) under the American Recovery and Reinvestment Act of 2009 and execute all related documents. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, and Martinez, voting "Aye; Marez and Scott were absent. Mayor Adame opened discussion on Item 24 regarding the WiFi system. Mr. Armstrong referred to a powerpoint presentation including a brief history; EarthLink; recovery activities; new public hot zones; current government applications; current government applications; pending partnerships; issues; Automated Meter Reading (AMR) requirements; video requirements; and future technology. In response to Council Member Chesney, Mr. Armstrong stated that when the City reacquired the network from EarthLink, the City received the network; retained the cash payment; the improvements; and inventory. Council Member Leal asked questions regarding the initial cellular phones for the WiFi system. Mr. Armstrong said the City has had these phones for two (2) months and they are working. Mayor Adame called for comments from the audience. J.E. O'Brien, 4130 Pompano, spoke regarding more debt. City Secretay Chapa polled the Council for their votes as follows: 24. MOTION NO. 2009 -217 Motion authorizing the lease /purchase of equipment, acquisition of technical consulting services, and five (5) years of support and maintenance from Tropos Networks of Sunnyvale, California for support of the City's automated meter reading system and wireless network for a total of $1,767,645. This acquisition will be financed for a period of 5 years by Frost Financial Services of Corpus Christi, Texas The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Leal, Marez, Martinez, and Scott, voting "Aye "; Kieschnick was absent. Mr. Armstrong announced that Corpus Christi will be the 4th city in the nation to receive Wimax Technology. -10- Minutes — Regular Council Meeting July 28, 2009 — Page 11 Mayor Adame opened discussion on Item 25 regarding an appropriation from the Water Fund. Assistant Director of Management and Budget Eddie Houlihan explained that this item Is appropriating $2.5 million from excess revenues in the water fund. Mr. Houlihan stated that the City Charter prohibits funds from overspending appropriations approved by the City Council. Mr. Houlihan added that the fund overspent due to increased water sales; increased water chemical usage; and excessive water line breaks. Council Member Martinez asked whether staff took into consideration drought conditions. Mr. Houlihan stated that staff did not anticipate drought conditions in the revenue estimates. Mayor Adame called for comments from the audience. J.E. O'Brien, 4130 Pompano, spoke regarding the proposed increase in water rates for the upcoming budget. City Secretary Chapa polled the Council for their votes as follows: 25. ORDINANCE NO. 028250 Ordinance appropriating $2,500,000 from excess revenues in the Water Fund 4010 for increased chemical personnel materials and supply costs; changing the FY 2008 -2009 Budget adopted by Ordinance No. 027776 by increasing both revenues and expenditures by $2,500,000 each. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". Mayor Adame opened discussion on Item 26 regarding the Corpus Christi Business and Job Development Corporation (4A Board) Affordable Housing — New Construction Program and guidelines. Assistant City Manager and Interim Director of Neighborhood Services Margie Rose provided a brief overview of the item including a background, the purpose, general program description; builders eligibility; construction standards; homebuyer eligibility; lender requirements; title company requirements; and the application criteria and process. The following topics pertaining to this item were discussed: suggesting to the 4A board to reduce the amount of the deferred forgivable loan; construction for building accessible homes; the commitment period; the timeline for builder eligibility inquiries; and the status of the stimulus funds for down payment assistance. Mayor Adame called for comments from the audience. Abel Alonzo, 1701 Thames, commended the 4A board and spoke regarding making homes accessible. City Secretary Chapa polled the Council for their votes as follows: 26. RESOLUTION NO. 028251 Resolution approving the Corpus Christi Business and Job Development Corporation's Affordable Housing — New Construction Program and the program guidelines. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Martinez, and Scott, voting "Aye "; Marez was absent. —11- Minutes — Regular Council Meeting July 28, 2009 — Page 12 Mayor Adame opened discussion on Item 27 regarding the second reading to adopt the FY2009 -2010 operating budget and ratifying the increase in property tax revenues from last year's operating budget. Assistant City Manager Oscar Martinez stated that this item will include discussion on a Part 1 and Part 2 and the funding of the GASB liability. Mr. Martinez requested that Council approve Part 1 to fund some of the requested items and programs previously discussed by the Council. Council Member Martinez made a motion to amend the ordinance adopting the City of Corpus Christi budget for FY2009 -2010 prior to second reading to increase funding for arts programs; reinstating funding for Municipal Court judge; increased funding for park maintenance; adjustments to Hotel Occupancy Tax Fund, Water Fund, Strom Water Fund and Development Services Fund; and increased parking fine revenues. The motion was seconded by Ms. Adler. Abel Alonzo, 1701 Thames, spoke regarding the reduced funding for the Intergovernmental Relations Department and the Human Relations Department. J.E. O'Brien, 4130 Pompano, stated that he opposed the adoption of the proposed budget. Mr. O'Brien suggested that the funding for the charter amendment election be restored and spoke regarding the issuance of revenue bonds; the increase in parking fees and utility rates; and ratifying the increase in property tax. Mr. O'Brien also recommended setting a time certain in the future to discuss the budget. Mary Young, Manager of the Nueces County Water District, spoke regarding the water rate increases proposed for the district. The following topics pertaining to this motion were discussed: the storm water fees embedded in the water fund; increasing the funding for the Human Relations Department by eliminated the additional funding proposed for Animal Control by $44,000; the water rate for the Nueces County Water District; whether the fee /rate increases are included as part of the budget; funding for GASB; the increase in parking fees; reducing additional travel funding; the amount of the travel budget that is to maintain licensing and certification requirements; travel for fire and police; and the number of employees that are required to renew their licenses this year and the cost of the training. Mr. Chesney made a motion to amend Ms. Martinez's motion to include reducing the general fund travel by $18,000 to fund the Sister City program in the amount of $18,000. The motion was seconded by Mr. Kieschnick. Ms. Martinez accepted the amendment, seconded by Ms. Adler. The foregoing motion was passed and approved with the following vote: Adame; Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". City Secretary Chapa polled the Council for their votes on Ms. Martinez's motion on Part 1 as amended: The foregoing motion was passed and approved as amended with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". Mr. Chesney made a motion to increase the current parking rates by only 30 %. The motion died for lack of second. Mr. Martinez opened discussion on the potential funding options on Part 2, to amend the budget prior to second reading to fund the following programs: 1) Youth summer programs - $121,000; 2) Sister City program $18,000; 3) Park maintenance - $117,000; 4) Beach operations- -12- Minutes — Regular Council Meeting July 28, 2009 — Page 13 $20,500: 5) Violet Pool - $22,000; and 6) Animal Control - $44,000. Mr. Martinez referred to a powerpoint presentation included the sales tax actuals for FY2008 and 2009 compared to FY2010; funding identified; remaining unfunded items; and funding options. The following topics pertaining to this item were discussed: reducing costs on vehicles purchased by reducing the number of take home cars; the current number of take home vehicles; anticipated additional revenue from the tax appraisal district; the spay and neuter fees; receiving donations to support specific departments; and the reductions required from each department for this budget. Mr. Martinez stated that staff was recommending Option 3 of the funding options to wait and evaluate the financial condition after the first quarter. Mr. Marez made a motion to use the fund balance amount of $324,500 to fund the recommended programs in Part 2. The motion was seconded by Mr. Kieschnick. Mr. Martinez stated that the financial policies would have to be amended. A brief discussion ensued regarding the other funding options and staffs recommendation. Mr. Marez withdrew his motion. Mr. Chesney made a motion to require all departments to reduce their budgets by 1.2 % to fund the $324,500. The motion was seconded by Mr. Elizondo. Ms. Martinez made a motion to amend Mr. Chesney's motion to reduce the 1.2% to .5 %. The motion was seconded by Mr. Marez. A brief discussion ensued regarding whether departments could make additional reductions; consideration of evaluating the financial condition after the 1s` quarter; and deleting $44,000 for Animal Control and add $44,000 to Human Relations. Ms. Martinez withdrew her amendment. City Secretary Chapa polled the Council for their votes on Mr. Chesney's original motion. The foregoing motion failed with the following vote: Chesney, Elizondo, and Kieschnick, voting "Aye "; Adame, Adler, Leal, Marez, Martinez, and Scott, voting "No ". Mr. Scott made a motion that all departments reduce their budget by 1 %; wait to fund; and evaluate the financial condition after the 1st quarter. The motion was seconded by Mr. Chesney. City Secretary Chapa polled the Council for their votes as follows: The forgoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". Mr. Kieschnick directed staff to evaluate the number of take home vehicles. Mr. Chesney made a motion to not fund GASB on a one -time basis with direction to staff to meet with the parties, with the City Manager or Assistant City Manager involved in those meetings, and report back to the City Council in 45 days. The motion was seconded by Mr. Kieschnick. A brief discussion ensued regarding the fire premiums. Mr. Chesney amended his motion to include pulling the reserve of 8.5% and pay as you go of 9% from the fire plan and report back in 45 days with a solution. The amendment was accepted by Mr. Kieschnick. The following topics pertaining to this item were discussed: whether the City intends to find a solution to pay GASB; consider creation of a Citi -care fully insured program for retirees; extend to the police and fire retirees whether they would like to participate in Citi -care program; continue to work on a police and fire combined plan and an unblended option; whether the contracts will have to be opened; whether45 days is enough time; developing a health care clinic; and the GASB funding for last fiscal year. —13— Minutes — Regular Council Meeting July 28, 2009 — Page 14 City Secretary Chapa polled the Council on their votes as follows: The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Marez, Martinez, and Scott, voting "Aye"; Leal voting "No ". Mr. Marez directed staff to find the resources to fund a health care clinic. Mayor Adame called for comments from the audience. Ron DeLord, representative for CLEAT, spoke regarding the staff having a pre- determined position for retirees. Mr. DeLord asked Council to direct staff to review other positions to figure out the best options for retirees. Mr. DeLord stated that he does not support funding GASB or unbundling retirees. Mike Staff, President of the Corpus Christi Police Officers Association, spoke regarding the money allocated for GASB in last fiscal year; un- blending retirees; and involving all of the stakeholders in the meetings to resolve the GASB issue. Mr. Kieschnick suggested the Council be involved in those meetings. Joan Veith, 5701 Cain Drive, stated that the Council needs to talk to the experts before making a decision on GASB. Carlos Torres, President of Corpus Christi Firefighters Association; stated that GASB does not need to be funded only reported. Mr. Torres spoke regarding inclusiveness during the meetings and what other cities are doing on the GASB issue. Ms. Leal made a motion to not fund GASB 45. The motion failed for lack of second. Mr. Chesney made a motion to add a Council presentation with possible action from outside experts on GASB within 45 days to include what the 10 largest cities are doing. The motion was seconded by Mr. Kieschnick. City Secretary Chapa polled the Council for their votes as follows: The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Marez, Martinez, and Scott, voting "Aye "; Leal voting "No ". Mr. Martinez recommended that the ordinance adopting the budget be amended to reflect the accurate changes to the expenditures and revenues. Ms. Martinez made a motion to amend the ordinances as proposed, seconded by Mr. Scott. City Secretary Chapa polled the Council for their votes as follows: 27.a. ORDINANCE NO. 028252 Adopting the City of Corpus Christi budget for the ensuing Fiscal Year beginning August 1, 2009; to be filed with the County Clerk; appropriating monies as provided in the budget. (1st Reading — 7/14/09) The foregoing ordinance was passed and approved as amended on its second reading with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Marez, Martinez, and Scott, voting "Aye "; Leal voting "No ". 27.b. ORDINANCE NO. 028253 To ratify increase of $2,971,452 in Property Tax Revenues from last year's Operating Budget as reflected in the FY 2009 -2010 Operating Budget. (1st Reading — 7/14/09) The foregoing ordinance was passed and approved on its second reading with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Marez, Martinez, and Scott, voting "Aye "; Leal voting "No ". —14- Minutes — Regular Council Meeting July 28, 2009 — Page 15 Mayor Adame opened discussion on Item 28 regarding the Compensation and Classification Plan for FY2009 -2010. Director of Human Resources Cynthia Garcia stated that staff is recommending adoption of the ordinance as presented. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 28. ORDINANCE NO. 028254 Amending the Code of Ordinances, Chapter 39, Personnel, Article III Employee Compensation and Classification System, revising Section 39 -303 to include pay adjustment for Commercial Driver's License (CDL) on Pay Plan 100, update minimum wage on Pay Plan 200, adjust police management pay range on Pay Plan 300, add provision for 5% salary differential above employees supervised by select positions in Pay Plan 400; modify work coordinator career ladder maximum pay ranges, change pay grades on Pay Plan 1000; revising Section 39 -304, Classified Service defined to clarify pay plans exempt from classified service; revising Sections 39 -337 and 39 -352 to clarify use of sick leave consistent with the Family and Medical Leave Act (FMLA); revising Section 39 -362 to clarify that prior service of a temporary employee shall not be considered and recognition of prior service after completion of probationary period; adding Section 39 -368 Catastrophic Leave Program; repealing all other ordinances, and rules, or parts of ordinances and rules, in conflict with this ordinance; providing for effective date and providing for severance. (First Reading — 7/14/09) The foregoing ordinance was passed and approved on its second reading with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye". Mayor Adame opened discussion on Item 29 regarding fee and rate increases and proposed fees and rates in support of the FY2009 -2010 proposed budget. Assistant Director of Budget Eddie Houlihan explained that this item includes the second reading of Items c -e and new items that were added after the first reading of the proposed budget to increase parking fines and setting a monthly maximum of the volume of water that can be taken out of Lake Corpus Christi by unmetered customers. Mr. Martinez recommended a motion be made to amend Item 29.c. to change the treated water rates purchased for resale where the water is delivered to the resale entity through City facilities and for Large Volume - Outside City Limit customers from $1.564 to $1.435. Mr. Marez made a motion to amend Item 29.c. as proposed. The motion was seconded by Mr. Scott. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 29.a. ORDINANCE NO. 028255 Ordinance amending the Code of Ordinances, City of Corpus Christi, Chapter 53 regarding parking fines; providing for penalties; and providing for publication; and providing for an effective date. —15— Minutes — Regular Council Meeting July 28, 2009 — Page 16 An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Elizondo, Marez, Martinez, and Scott, voting "Aye "; Chesney, Kieschnick, and Leal, voting "No ". 29.b. MOTION NO. 2009 -218 Motion to amend Section 1 of the Ordinance Amending the Code of Ordinances, City of Corpus Christi, Chapter 55, Utilities, Regarding Water, Gas, and Wastewater Rates and Fees, passed on first reading on July 14, 2009, by revising Section 55- 50(a)(1)b. The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Marez, Martinez, and Scott, voting "Aye "; Chesney, Kieschnick, and Leal, voting "No ". 29.c. ORDINANCE NO. 028256 Amending the Code of Ordinances, City of Corpus Christi, Chapter 55, Utilities, regarding water, gas and wastewater rates and fees, providing an effective date. (First Reading — 7/14/09). The foregoing ordinance was passed and approved as amended on its second reading with the following vote: Adame, Adler, Elizondo, Marez, Martinez, and Scott, voting "Aye "; Chesney, Kieschnick, and Leal, voting "No ". 29.d. ORDINANCE NO. 028257 Amending Section 55 -7, "Local Exchange Access Line 9 -1 -1 Service Fee," of the Code of Ordinances, by increasing the service fees of residential, business, and business trunk local exchange access lines; providing for an effective date; and providing for publication. (First Reading — 7/14/09) The foregoing ordinance was passed and approved on its second reading with the following vote: Adame, Adler, Elizondo, Marez, Martinez, and Scott, voting "Aye"; Chesney, Kieschnick, and Leal, voting "No ". 29.e. ORDINANCE NO. 028258 Amending the Code of Ordinances, City of Corpus Christi, Chapter 29 Municipal Court, regarding Juvenile Case Manager Fee increase; and providing for publication. (First Reading — 7/14/09) The foregoing ordinance was passed and approved on its second reading with the following vote: Adame, Adler, Elizondo, Marez, Martinez, and Scott, voting "Aye "; Chesney, Kieschnick, and Leal, voting "No ". 29.f. ORDINANCE NO. 028259 Amending the Code of Ordinances, Chapter 21, Article 1, Section 21 -1 by revising the definition for "Can Account"; amending Article IV, Section 21 -40(a) by revising Solid Waste resource recovery fees and enacting a residential cart collection fee; amending Article IV, Sections 21 -47(a) and (b) by revising the State Agency reference and the Municipal Solid Waste System service charges; providing for an effective date; providing for publication; and providing for penalties. (First Reading — 7/14/09) —16- Minutes — Regular Council Meeting July 28, 2009 — Page 17 The foregoing ordinance was passed and approved on its second reading with the following vote: Adame, Adler, Elizondo Marez, Martinez, and Scott, voting "Aye "; Chesney, Kieschnick, and Leal, voting "No ". 29.g. ORDINANCE NO. 028260 Revising Section 55- 70(9), Code of Ordinances, City of Corpus Christi, to increase water tap fees; providing for penalties; and providing for publication. (First Reading — 7/14/09) The foregoing ordinance was passed and approved on its second reading with the following vote: Adame, Adler, Elizondo, Marez, Martinez, and Scott, voting "Aye'; Chesney, Kieschnick, and Leal, voting "No ". * * * * * * * * * * * ** There being no further business to come before the Council, Mayor Adame adjourned the Council meeting at 7:58p.m. on July 28, 2009. * * * * * * * * * **** -17- 2 NO ATTACHMENT FOR THIS ITEM -21- 3 a. ANIMAL CONTROL ADVISORY COMMITTEE — Three (3) vacancies with terms to 5 -31 -10 and 5 -31 -12 representing the following categories: 2 — Community at Large and 1 — Member of Local Animal Welfare Organization. DUTIES: To advise the City Council and City Manager on all aspects of animal control including fees, staffing, ordinances, procedures and policies and facilities. The jurisdiction and actions of the Board shall be advisory only. COMPOSITION: It shall consist of seven (7) members. Terms will be for three years. At least one member shall be a veterinarian. Two members shall be members of local animal welfare organizations (at least one of the organizations must operate an animal shelter). The remaining four members shall represent the community at large. All members shall serve until their successors are appointed and qualified and each shall be a resident of the City. The City Manager, or his representative, the Director of the City - County Health and Welfare Department or his representative and the Animal Control Supervisor shall serve as ex- officio members of the Board without vote. The Board, by majority vote, shall elect its own Chairman who shall preside at all meetings of the Board and a Vice Chairman who shall act as president in the absence of the Chairman. The Director of the City - County Health and Welfare Department or his designated representative shall serve as the secretary of the Board. MEMBERS Barbara E. Beynon (Comm at Large) *William R. Schroeder (Comm at Large) * * ** *Sharon Massad (Animal Welfare) * * *Z. Paul Reynolds (Comm at Large) Dr. John Buckley (Comm. at Large) Dr. William Watson (Veterinarian), Chair Samantha Person (Animal Welfare /Shelter) City Manager or Representative Annette Rodriguez, Acting Dir. of Public Health Kelli Copeland, Supervisor, Animal Control TERMS 5 -31 -11 5 -31 -09 5 -31 -09 5 -31 -10 5 -31 -10 5 -31 -10 5 -31 -11 Ex- Officio, Ex- Officio, Ex- Officio, ORIGINAL APPTD. DATES 9 -09 -08 5 -09 -06 5 -13 -03 5 -11 -04 5 -11 -04 5 -11 -04 9 -09 -08 Nonvoting Nonvoting Nonvoting (Note: The Animal Control Advisory Committee is recommending the realignment of Barbara E. Beynon (Community at Large) to the Animal Welfare category. She is a member of the Corpus Christi Kennel Club and the Pet Emergency Rescue Team. The committee is also recommending the reappointment of William R. Schroeder (Community at Large) and the new appointments of Helen Sterbach (Community at Large) and Heather Tarnoski (Community at Large). Legend: *Seeking reappointment * *Not seeking reappointment ** *Resigned * ** *Exceeded number of absences allowed by ordinance * * ** *Has met six -year service limitation —25— ATTENDANCE RECORD OF MEMBER SEEKING REAPPOINTMENT NO. OF MTGS. NO. % OF ATTENDANCE NAME THIS TERM PRESENT LAST TERM YEAR William R. Schroeder 11 11 100% (Community at Large) OTHER INDIVIDUALS EXPRESSING INTEREST Destini Andrachik Susie Crowson Co- Owner, Bruno's Bath House. Received BA in Marketing Communications. Sponsor and Participant in Local Pet Awareness and Pet Adoption Events. (Community at Large) (5- 22 -09) Assistant Professor, Del Mar College. Received BA and MA from Texas Tech and PhD from Texas Woman's University. (Community at Large) (4- 29 -09) Robert Andrew Franklin Business Analyst/Project Manager, Navy Army Federal Credit Union. Received AS and BS in Business Management from Park University at Parkville, Missouri and MBA in Business Administration from Texas A &M University - Corpus Christi. Recipient of Navy and marine Corps Commendation Medal and Achievement Medal. (Community at Large) (7- 15 -09) Robert Gouveia Meredith N. Grant William Paul Hunt Sales Representative, Document Solutions, Inc. Received Bachelor of Business Management. Eagle Scout. Activities include: Texas State Aquarium- Education Department and Corpus Christi Hispanic Chamber of Commerce. (Community at Large) (7- 14 -09) Homemaker. Received B.A. in English from Texas A &M University - Corpus Christi. Certified Interior Decorator. Activities include: Junior League of Corpus Christi, Art Museum of South Texas, and Beautify Corpus Christi Association. (Community at Large) (10- 14 -08) Retired, Environmental Engineer. Received a Bachelors Degree in Meteorology from Texas A &M University- College Station. Formerly Served on the Corpus Christi Regional Air Shed Committee. Activities include: Tutoring. (Community at Large) (6 -4 -09) -26- April Jones Edward Kownslar Operation Project ManagerBSD Administrator, American Bank. Received Bachelors in Sociology from Texas A &M University- College Station and Masters in Political Science from Texas A &M- Corpus Christi. Activities include: Women's Shelter, Big Brothers/Big Sisters, Humane Society and Texas Democratic Women. (Community at Large) (4- 14 -09) Associate Director of Mary and Jeff Bell Library, Texas A &M University - Corpus Christi. Received BS in Journalism from University of Kansas, MS in Library Science from University of North Texas, and Master of Public Administration from Texas A &M University- Corpus Christi. Activities include: Board of Director, Family Counseling Services of' Corpus Christi, 2004 -2006, Texas Library Association, Various Committees, 1999- 2007, and American Library Association, Various Committees, 1998 - Present. (Community at Large) (10 -9- 08) Stefany Tegeler Schade Self - Employed/Owner, TorOso Financial Group, LLP. Received Bachelor's and Master's in Accounting from Texas A &M University - Corpus Christi. Activities include: National Association of Professional Women and Texas Society of Certified Public Accountants. (Community at Large) (5- 28 -09) Helen Sterbach Continuous Improvement and Staff Coordinator, Texas A &M University - Corpus Christi. Received Bachelor of Science from Arizona State University and Master of Education from Northern Arizona University. Activities include: Society for Human Resource Management and Corpus Christi Human Resource Management Association. (Community at Large) (6- 15 -09) Heather Tamoski Co- Owner, Bruno's Bath House. Attended College. Sponsor and Participant in Local Pet Awareness and pet Adoption Events. (Community at Large) (5- 22 -09) Denise S. Villagran Regional Sales Manager, Allstate Workplace Division. Received BBA and MBA from Corpus Christi State University. Activities include: Coastal Bend Association of Health Underwriters and St. Pius X Capital Campaign. (Community at Large) (4 -1 -09) -27- b. BUILDING STANDARDS BOARD — Three (3) vacancies with terms to 3 -3 -10 and 3 -3 -12 representing the following categories: 1- Member at Large, and 2- chosen from: realtor, architect, engineer, general contractor, home builder or building materials dealer. DUTIES: To hear appeals under the Building Standards and Housing Code, which shall be construed to secure the beneficial interests and purposes of safety, health, and general welfare, through structural strength, stability, sanitation, adequate light and ventilation, and safety to life and property from fire and other hazards incident to the construction, alteration, repair removal, demolition, use and occupancy of building or structure. COMPOSITION: Seven (7) members, three (3) members at large of whom shall be residents of the City and home owners; one shall be a lawyer; and three (3) chosen from: realtor, architect, engineer, general contractor, home builder or building materials dealer. Appointed by the City Council for 3 year staggered terms. Elects its own chairman. MEMBERS Gregory T. Perkes (Attorney) *Ted Stephens (Engineer) Renee L. Carter (Member at Large) Jesus J. Jimenez (Engineer), Vice Chair *Frank Hastings (Member at Large) Robert A. White (Member at Large) ** *Lisa Huerta (Building materials) TERMS 3 -03 -11 3 -03 -09 3 -03 -11 3 -03 -11 3 -03 -09 3 -03 -10 3 -03 -10 ORIGINAL APPTD. DATES 2 -10 -09 3 -21 -06 5 -17 -05 5 -17 -05 5 -17 -05 5 -29 -07 7 -11 -06 (Note: The Building Standards Board is recommending the reappointments of Ted Stephens (Engineer) and Frank Hastings (Member at Large). The board is also recommending the new appointment of Shane Torno (Engineer). ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT NO. OF MTGS. NAME THIS TERM Ted Stephens (Engineer) 6 Frank Hastings (Mem. At Lg) 6 NO. PRESENT 5 5 Legend: *Seeking reappointment * *Not seeking reappointment ** *Resigned * ** *Exceeded number of absences allowed by ordinance * * ** *Has met six -year service limitation -28- % OF ATTENDANCE LAST TERM YEAR 83% 83% OTHER INDIVIDUALS EXPRESSING INTEREST Clarissa Beltran Pablo Arturo Garza Alexander (Zan) Hackley William Paul Hunt John Douglas McMullan Peter G. Melee Ramiro Munoz III Financial Advisor, Wachovia Securities. Received Associate in Arts from Del Mar College, Bachelor of Arts and Master of Public Administration from Texas A &M University - Corpus Christi. Activities include: Chamber of Commerce and Texas A &M University - Corpus Christi Alumni Association. (Member at Large) (4- 13 -09) Project Engineer, Maverick Engineering, Inc. Received Bachelor of Science from Texas A &M University- Kingsville. Activities include: Special Olympics Texas and Youth Group at Our Lady of Perpetual Help Catholic Church. (Member at Large or Engineer) (4- 10 -09) Self Employed, Air Conditioning Equipment Sales. Activities include: American Society of Heating Refrigeration and Air Conditioning Engineers and Rotary Club of Southside Corpus Christi. (Member at Large or Building Materials Dealer) (4- 16 -09) Retired, Environmental Engineer. Received a Bachelors Degree in Meteorology from Texas A &M University- College Station. Formerly Served on the Corpus Christi Regional Air Shed Committee. Activities include: Tutoring. (Member at Large) (6 -4 -09) Professional Engineer, Freese and Nichols, Inc. Received Bachelor Degree in Engineering. Activities include: American Society of Civil Engineers, Water Environment Federation, and St. Pius X School. (Member at Large or Engineer) (1- 21 -09) Transportation Supervisor, — Regional Transportation Authority. Received an Associate Degree in Social Work/Liberal Arts and Bachelor's Degree in Business Administration/Management. Activities include: Westside Business Association and Foster Parent. (Member at Large) (3 -2 -09) Project Manager, LNV Engineering. Received Bachelor of Science and Master of Science in Civil Engineering from Texas A &M University - Kingsville. Attended United States Marine Corps Engineering Specialist School. Activities include: President - Structural Engineers Association of Texas- Corpus Christi Chapter, American Concrete Institute, American Institute of Steel Construction, TAU -29- Keith Parker Jodi Steen Shane Torno BETA PI- Engineering Honor Society, and American Society of Civil Engineers. Recipient of Student Engineer of the Year, 2005 and Navy and Marine Corp Achievement Medal. (Engineer) (5- 20 -09) Senior Mechanical Engineer, Bath Engineering/Noresco. Received BS in Mechanical Engineering. Activities include: ASHRAE and AEE. Serves on the CCCIC/Loan Review Committee. (Member at Large or Engineer) (4- 23-09) President, JRS Ventures, Inc. Received BBA in Finance and Marketing. Activities include: Board of Trustees for Art Museum of South Texas and BACC. (Member at Large or Home Builder) (4- 16 -09) Project Manager/Engineer, Freese and Nichols. Received BS in Ocean Engineering from Texas A &M University- College Station. Activities include: Treasurer - Structural Engineer Association of Texas - Corpus Christi Chapter. (Member at Large or Engineer)(4- 29 -09) —30— c. COMMUNITY YOUTH DEVELOPMENT (78415) PROGRAM STEERING COMMITTEE — Three (3) vacancies with terms to 8 -31 -11 to represent the following categories: 2 -78415 Zip Code Residents and 1- Youth. DUTIES: To advise the City Council on a periodic basis, as requested by the City Council, regarding the progress of the Community Youth Development Program and make recommendations to the City Council on items pertaining to the Community Youth Development Program. COMPOSITION: Eleven (11) voting members with two -year, staggered terms. The officers of the committee shall be residents of the 78415 zip code area. Terms are for two years. State guidelines require that at least 51% of the collaborative steering committee members must be community residents or people closely connected to the community who are not social service providers. Two of the voting members shall be youth involved in the Youth Action Committee. State guidelines also require that no members of the committee may be related to each other. State guidelines also require that no individual who is employed by the Fiscal Agent (City of Corpus Christi) or any organization submitting a proposal for funding through the CYD Program, or their immediate family members, may serve on the committee. An expiration date for this committee was set as August 31, 2005, unless funds for the program end sooner. ORIGINAL MEMBER TERM APPTD. DATE Fr. Peter Martinez (78415 Res.), Vice Chair 8 -31 -10 2 -19 -08 Katie Ann Childs (78415 Resident) 8 -31 -10 2 -24 -09 Sal Hernandez (78415 Resident) 8 -31 -11 2 -10 -09 Jean Marie Giegerich 8 -31 -10 6 -09 -09 Linda Moyer (78415 Resident), Chair 8 -31 -10 2 -19 -08 *Rosa "Linda" Rincon (78415 Resident) 8 -31 -09 1 -16 -07 Rick Greenfield 8 -31 -11 2 -24 -09 * *Diana Mesa, Chair (78415 Resident) 8 -31 -09 5 -24 -05 Jim Boller III 8 -31 -10 2 -19 -08 Nadia Contreras (Youth) 8 -31 -10 11 -18 -08 *Xiao Bohannon (Youth) 8 -31 -09 11 -18 -08 Legend: *Seeking reappointment * *Not seeking reappointment ** *Resigned * ** *Exceeded number of absences allowed by ordinance * * ** *Has met six -year service limitation —31— ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT NO. OF MTGS. NAME THIS TERM Rosa "Linda" Rincon (78415) 10 Xiao Bohannon (Youth) 8 NO. PRESENT 6(4exc) 6(2exc) OTHER INDIVIDUALS EXPRESSING INTEREST % OF ATTENDANCE LAST TERM YEAR 60% 75% Maria Clarissa Lopez Patient Care Manager, VistaCare Hospice. Received AAS from Del Mar College, BSN from University of Houston, and MAA from University of the Incarnate Word. (78415 Resident) (5- 28 -09) Belinda Mendiola Rosa E. Pizzi Norma Solis Angelia Valencia Drill Sergeant, Juvenile Justice Bootcamp. Currently Enrolled in College Pursuing BA in Criminal Justice with Education. (78415 Resident) (10- 30 -08) CEO/Executive Director, Corpus Christi Metro Ministries, Inc. Received B.A. in English and M.A. in Economics from St Mary's University, San Antonio, Texas. (78415 Resident) (2 -9 -09) Teacher, Corpus Christi Independent School District. Received BS in Elementary Education with Bilingual Certification and MS for School Counselor. (78415 Resident) (5- 28 -09) Substitute Teacher, Calallen Independent School District. Received BA in Social Science and MA Behavioral Science /Sociology. Certified Bilingual Teacher. Activities include: Bold Future for the Coastal Bend and Gonzalez Community Center Volunteer. (78415 Resident) (12 -5 -08) —32— d. INTERGOVERNMENTAL COMMISSION ON DRUG AND ALCOHOL ABUSE — Three (3) vacancies with terms to 8- 19 -11. DUTIES: Assisting and advising the participating local governmental agencies on programs and methods to combat drug & alcohol abuse among the citizens of Nueces County. The Commission may investigate and recommend approaches for combating drug and alcohol abuse, and may engage in educational activities such as dissemination of literature, speaker programs, and the like. The Commission shall have no paid employees other than the administrative staff provided for herein, and shall have no power to operate or engage in direct activities benefiting drug or alcohol abusers, such as treatment programs. COMPOSITION Thirteen (13) voting members. Three members shall be appointed by the Corpus Christi City Council, three by the Nueces County Commissioners Court, two by the Board of the Corpus Christi ISD, one by the Board of the Robstown ISD, one by the Board of the Tuloso- Midway ISD, one by the Board of the West Oso ISD, one by the Board of the Calallen ISD, and one by the Board of the Flour Bluff ISD. MEMBERS *Jesus S. Molina (City) *Jean Newberry (City) *Jim Lago (City) Abby Saenz (County) Aaron Bonds (County), Chair Joe Alley (County) Della Berlanga (CCISD) Yolanda Reyna (CCISD) Rosario Voorhees (Calallen) Allen Peters (Flour Bluff) Steve Lackey (West Oso) Gail Birdwell (Tuloso- Midway) Anna Rodriguez (Robstown) TERM 8 -19 -09 8 -19 -09 8 -19 -09 8 -19 -10 8 -19 -10 8 -19 -10 8 -19 -10 8 -19 -10 8 -19 -10 8 -19 -10 8 -19 -10 8 -19 -10 8 -19 -10 ORIGINAL APPTD. DATE 5 -10 -05 8 -05 -86 1 -13 -09 ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT — NAME Jesus S. Molina (City) Jean Newberry (City) Jim Lago (City) NO. OF MTGS. THIS TERM 8 8 4 NO. PRESENT 4 8 1 Legend: *Seeking reappointment * *Not seeking reappointment ** *Resigned * ** *Exceeded number of absences allowed by ordinance * * ** *Has met six -year service limitation -33- % OF ATTENDANCE LAST TERM YEAR 50% 100% 25% OTHER INDIVIDUALS EXPRESSING INTEREST Susanne Bonilla Norma Franklin Elizabeth Garza Jean Marie Giegerich Timothy Goss Attorney, Law Office of William D. Bonilla. Received Bachelor of Arts from Texas A &M University- College Station and Doctor of Jurisprudence from University of Texas School of Law. Activities include: College of the State Bar of Texas, Texas Bar Foundation Fellow, American Bar Association, and Corpus Christi Bar Association. Member of the Civil Service Board/Commission. (12 -5 -08) Received Associate of Arts Degree from Texas A &M University-CC. Activities include: Police Department Volunteer, Civil Air Patrol, Angel Food, Opening Doors, Science Fair Judge, and Blood Bank Member. Recipient of 2005 Shining Star Award from Coastal Bend Advocacy Development. Member of the Retired and Senior Volunteer Program (RSVP) Advisory Committee. (4 -13- 09) Administrative Assistant/Executive Assistant, Susser Holdings /Stripes LLC. Activities include: Volunteer for the American Diabetes Association. Nominee for YMCA "Y" Young Woman in Career Award. Formerly a member of the CC Hispanic Chamber of Commerce, Camp Fire Girls Board of Director, and Bishop Garriga Middle School PTO. Member of the Sister City Committee.(1 -5 -09) Owner, The Place of Houses, LLC. Received Bachelor of Science from University of Texas at Austin and Attended Clare College at Cambridge, England. Member of the Community Youth Development (78415) Program Steering Committee. (6 -8 -09) Registered Representative /Agent, New York Life. Former Special Agent with United States Army Intelligence. Received Associates Degree from Harold Washington College, BS in Sociology from University of the State of New York and Master of Public Administration from Troy University. Attended Japanese Language School — Read, Writes, and Speaks Japanese. (4- 21 -09) —34— Meredith N. Grant Homemaker. Received B.A. in English from Texas A &M University - Corpus Christi. Certified Interior Decorator. Activities include: Junior League of Corpus Christi, Art Museum of South Texas, and Beautify Corpus Christi Association. (10- 14 -08) Ida Alvarado Hobbs Risk Manager/Registered Nurse, Corpus Christi Medical Center. Received Bachelor of Science in Nursing. Activities include: CASA Volunteer. Recipient of Outstanding CASA Volunteer of the Quarter. (4- 22 -09) Robert Huerta, Jr. Drug Treatment Specialist, Federal Bureau of Prisons. Received Bachelor of Science from Texas A &M University - Kingsville. Activities include: Federal Bureau of Prisons Drug Abuse Programs Policy Workgroup, Federal Bureau of Prisons Hostage Negotiation Team, Anger Resolution Therapist, Coastal Bend Area Combined Federal Campaign member and Criminal Justice Honors Society Member, Alpha Phi Sigma. Recipient of Performance and Achievement Awards for Drug Treatment Specialist and Correctional Officer for the Federal Bureau of Prisons. (1 -5 -09) William Paul Hunt Retired, Environmental Engineer. Received a Bachelors Degree in Meteorology from Texas A &M University- College Station. Formerly Served on the Corpus Christi Regional Air Shed Committee. Activities include: Tutoring. (6 -4 -09) John Douglas McMullan Professional Engineer, Freese and Nichols, Inc. Received Bachelor of Engineering. Activities include: American Society of Civil Engineers, Water Environment Federation, and St. Pius X School. (1- 21 -09) Belinda Mendiola Drill Sergeant, Juvenile Justice Bootcamp. Currently Enrolled in College Pursuing BA in Criminal Justice with Education. (10- 30 -08) Abel A. Sanchez Retired, United States Postal Worker. Attended Del Mar College. Activities include: Youth Football Coach. (4 -16- 09) Samantha Sandate Senior, West Oso High School. Activities include: Habitat for Humanity, Humane Society, Sister City Exchange Program, Tae - Kwon -Do and Challenge Academic Team. (5- 29 -09) -35- Woodrow Mac Sanders David Stith Steve Trubatisky Medical Social Worker, Texas Department of State Health Services. Received Bachelor of Arts from Texas A &I University, Kingsville, Master of Science- Psychology /Counseling and Guidance from Corpus Christi State University and Post Masters Degree work toward ED.D. Activities include: Licensed Baccalaureate Social Worker, Adjunct Professor of History at Coastal Bend College, and Board Member of Selective Services System. (4- 24 -09) Self - Employed, Attorney. Received JD from Texas Tech Law School. Activities include: Nueces Park Board and Corpus Christi Bar Association. (4- 21 -09) Real Estate Broker Associate, Realty World Island Properties. Attended Tarleton State University, Stephenville, Texas. Activities include: Corpus Christi Association of Realtors. (2- 11 -09) Felix Zavala, Jr. Pastor, El Shaddai Church. Activities include: Prayer Meetings. (8- 10 -09) —36-- e. PARK AND RECREATION ADVISORY COMMITTEE — Four (4) vacancies with terms to 8- 23 -11. 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. ORIGINAL MEMBERS TERM APPTD. DATE *Hunter Young, Chair 8 -23 -09 5 -18 -04 Rene Richard Gutierrez, Vice Chair 8 -23 -10 10 -17 -06 Huxley Smith 8 -23 -10 5 -26 -09 Ron Woods 8 -23 -10 6 -17 -08 *Lisa Ann Torres 8 -23 -09 6 -17 -08 Rita Sonia Herrera - Padron 8 -23 -11 5 -26 -09 *Dr. Jinsun Kim 8 -23 -09 3 -11 -08 *Sylvia Samaniego 8 -23 -09 12 -18 -07 Carrie Robertson 8 -23 -10 8 -12 -08 Carlos Haney 8 -23 -11 2 -24 -09 (Note: The Park and Recreation Advisory Committee is recommending the reappointments of Hunter Young, Lisa Ann Torres, Dr. Jinsun Kim, and Sylvia Samaniego). ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT NO. OF MTGS. NO. % OF ATTENDANCE NAME THIS TERM PRESENT LAST TERM YEAR Hunter Young 12 10 83% Lisa Ann Torres 12 11 92% -Dr. Jinsun Kim 12 8 67% Sylvia Samaniego 12 9 75% Legend: *Seeking reappointment * *Not seeking reappointment ** *Resigned * ** *Exceeded number of absences allowed by ordinance * * ** *Has met six -year service limitation —37— OTHER INDIVIDUALS EXPRESSING INTEREST Marion Ball Rodney Buckwalter Angela Cantu Angelica Carmona Christina Cisneros Elenita Collins Retired. Received Liberal Arts Degree from Del Mar College and Bachelor's Degree from Corpus Christi State University. Formerly Served on the Leadership Committee for Senior Services. (8- 13 -09) Manager, Training & Quality, First Data Corporation. Received A.A. from Del Mar College, B.A. and M.S. from Texas A & M University — Corpus Christi. Activities include: Management Development Advisory Committee — Del Mar College, American Society for Training and Development, Patriot's Band and Honor Guard of America. (6 -5 -09) Development Facilitator, YWCA Corpus Christi. Received Bachelor of Arts. (4- 20 -09) Salon Manager, Planet Sol Hair Salon. Attended Texas &M University - Corpus Christi. Activities include: Corpus Christi Pregnancy Center, Mission 911, and City Church Corpus Christi. Graduate of Leadership Corpus Christi Class 37. (6 -5 -09) Director, American Heart Association. Attended University of Texas, Del Mar College and Texas A&M University - Corpus Christi. Activities include: Planning and Development Board -Chula Vista Elementary, MDA Walk, Bayfest, Beach to Bay, Hispanic Women's Network Mentor /Speaker, Hispanic Chamber Member. Recipient of 2008 Hispanic Women's Network Las Estrellas Award. (2- 23 -09) Retired. Graduated from Southern Methodist University. Activities include: Volunteers and Serves on the Board of Governors at the Art Museum of South Texas. (4- 28 -09) Elisha R. Dickerson III Chairman, Tropical Isles Investment Club. Currently attends Texas A &M- Corpus Christi. Activities include: National Youth Crime Watch of America Member and The Rising Scholar — Texas A &M- Corpus Christi. Past Vice - President of South Texas Hispanic Baptist Youth Encampment. (5 -5 -09) —38— Brian Thomas Doggett Managing Member, Island Aquatics, LLC. Attended Virginia Commonwealth University. Activities include: President - Independent pool and Spa Service Association. (6- 17 -09) Becky Flores Mike Garey Pablo Arturo Garza Anthony Gavlik Patrick Geary Timothy Goss Meredith N. Grant Realtor, USA Freedom Realtors. Received Associate Degree in Computer Programming. Licensed Realtor and Loan Officer. (1- 19 -09) Preparation Chef, OIMINI Hotels. Received degree in Architecture from University of Arkansas and a degree in General Business from Texas A &M University - Corpus Christi. Activities include: Habitat for Humanity. (4 -22- 09) Project Engineer, Maverick Engineering, Inc. Received Bachelor of Science from Texas A &M University- Kingsville. Activities include: Special Olympics Texas and Youth Group at Our Lady of Perpetual Help Catholic Church. (4- 10 -09) EIT, Naismith Engineering. Received Bachelor of Science in Civil Engineering from Texas A& M University- Kingsville. Activities include: American Society of Civil Engineers and Texas Society of Professional Engineers. (4- 15 -09) Owner, Fiesta Insurance Corporation. Attended University of Houston. Member of Chamber of Commerce. (5- 18 -09) Registered Representative /Agent, New York Life. Former Special Agent with United States Army Intelligence. Received Associates Degree from Harold Washington College, BS in Sociology from University of the State of New York and Master of Public Administration from Troy University. Attended Japanese Language School — Read, Writes, and Speaks Japanese. (4- 21 -09) Homemaker. Received B.A. in English from Texas A &M University - Corpus Christi. Certified Interior Decorator. Activities include: Junior League of Corpus Christi, Art Museum of South Texas, and Beautify Corpus Christi Association. (10- 14 -08) Mary Catherine Handy Assistant Branch Sales Manager, IBC Bank. Attended College. Activities include: Corpus Christi Chamber of Commerce, March of Dimes, Buc Days, and Junior Achievement. (2 -9 -09) -39- Keron E. Hasley Dennis Havel Kevin Horrigan Robert Jacobi Terence F. Klinger Jerry Lipstreu Lydia Lorenzi Assistant Cashier, IBC Bank. Attended Del Mar College. Activities include: United Way Allocations Committee. (4- 17 -09) Maintenance Superintendent, Valero Refinery. Received Associates Degree from Wharton Jr. College. Activities include: Baseball Coach for Oso Pony League, Director of Pony Baseball League. Served on Oso Pony Board, United Way Golf Commission and American Cancer Golf Commission. (6 -8 -09) Marketing Manager, South Texas Lighthouse for the Blind. Attended Darden School of Business, University of Virginia. Activities include: Volunteer at Lighthouse for the Blind. Recipient of the Milton J. Samuelson Award for 2009. (1- 21 -09) Retired, Deputy Director of the Port of Corpus Christi. Received BS from United States Merchant Marine Academy, MS from University of Connecticut at Storrs, and MBA from University of Texas at Austin. Activities include: Volunteer at Driscoll Children's Hospital and Kids in the Neighborhood Head Start. (5- 21 -09) Bus Operator, Regional Transit Authority. United States Air Force Administration Specialist. Formerly Owned and Operated Midwest Pro Wrestling Academy. Formerly served as Community Outreach Representative for metro Transit with Teens Alone, Streetworks and Homeless Connect, Minneapolis, Minnesota. (10- 13 -08) Area Manager, Kleinfelder. Received B.A. from University of Texas at Austin. Activities include: West Corpus Christi Rotary and Port Aransas Boatmen. (4 -30- 09) Formerly Transition Specialist, San Antonio Independent School District, Alamo Achievement Center, San Antonio, Texas. Received BA from Our Lady of the Lake College and MA from Our Lady of the Lake University. Recipient of San Antonio Independent School District Teacher of the Year and Texas Governors Award for Volunteer Service. (4- 28 -09) John Douglas McMullan Professional Engineer, Freese and Nichols, Inc. Received Bachelor of Engineering. Activities include: American Society of Civil Engineers, Water Environment Federation, and St. Pius X School. (1- 21 -09) -40- Jordan Michael Convention Service Manager, Omni Hotels. Received Bachelor's Degree in Recreation, Park and Tourism Sciences from Texas A &M University- College Station. Activities include: Junior League of Corpus Christi. (6 -12- 09) Keith Parker Senior Mechanical Engineer, Bath Engineering/Noresco. Received BS in Mechanical Engineering. Activities include: ASHRAE and AEE. Serves on the CCCIC /Loan Review Committee. (4- 23 -09) Monica Pena -Moore Director of Special Events, Corpus Christi Chamber of Commerce. Activities include: Cub Master, Wednesday Morning Group, National Multiple Sclerosis Society, and American Cancer Society-Relay for Life. (12 -1 -08) John Powell President, SPowell.Com Real Estate. Received Degree in Business from Texas A &M University - Corpus Christi. Activities include: Buc Day Committee and Trepac Committee. (4 -1 -09) Dorian E. Ramirez Clerk of Court, Thirteenth Court of Appeals. Received B.M. from Indiana University and J.D. from University of Houston. Founder of Corpus Christi bicycle Safety Campaign 'Be Kind to CyClists ". Activities include: Biking, Running, Swimming, South Texas Area Runners Riders and Swimmers, Cellist, The Cattery, Corpus Christi Bar Association, and Corpus Christi Yacht Club. (8- 13 -09) Kim Rottet Abel A. Sanchez Assistant Director Recreational Sports, Texas A &M University- Corpus Christi. Received Bachelor of Science from Ball State University at Muncie, Indiana and Master of Sport Science from United States Sports Academy at Daphne, Alabama. Activities include: NIRSA Outdoor Recreation Committee and Serves on Committees affiliated with Texas A &M University - Corpus Christi. (3- 13 -09) Retired, United States Postal Worker. Attended Del Mar College. Activities include: Youth Football Coach. (4 -16- 09) Scot Taylor Store Manager, Factory Builder Stores. Activities include: Builder Association of Corpus Christi. (8- 11 -09) -41- Michael Tromm Steve Trubatisky Denise S. Villagran Allen Wahlstrom Timothy Weitzel Felix Zavala, Jr. Preshop Analysis Engine Examiner, Corpus Christi Army Depot. Attended Del Mar College and General Motors University of Automotive Management. Served in the United States Air Force. Activities include: Maxine Flournoy Third Coast Squadron of the Commemorative Air Force. Recipient of Commemorative Air Force Silver Magnolia Award. (1- 12 -09) Real Estate Broker Associate, Realty World Island Properties. Attended Tarleton State University, Stephenville, Texas. Activities include: Corpus Christi Association of Realtors. (2- 11 -09) Regional Sales Manager, Allstate Workplace Division. Received BBA and MBA from Corpus Christi State University. Activities include: Coastal Bend Association of Health Underwriters and St. Pius X Capital Campaign. (4 -1 -09) Firefighter -EMT, Naval Air Station, Corpus Christi Fire & Emergency Services. Attended Tarrant County Junior College, Pensacola Junior College and Grand Canyon University at Phoenix, Arizona. Activities include: Web Designer and Youth Cycling League. (5- 11 -09) Manager, Retail Store. Attending Del Mar College Activities include: Webmaster, Corpus Christi Commodores Barbershop Chorus and National Piano Guild Member. (11 -5 -08) Pastor, El Shaddai Church. Activities include: Prayer Meetings. (8- 10 -09) —42— 4 Requested Council Action: 8/18/09 Alternate Date: 8/25/09 COUNCIL MEMORANDUM RECOMMENDATION: Motion authorizing the purchase of specialized equipment for Nueces County for a total amount of $110,500.00 under the Community Preparedness SectionBBioterrorsm Discretionary Fund Projects Phase II grant awarded to the Corpus Christi - Nueces County Public Health District and available in the Health Grant Fund 9100. ****************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Purpose: The Department of State Health Services (DSHS) entered into a contract with the Health District in June of 2009. This award is in compliance with that agreement. The City of Corpus Christi and Nueces County entered into a Memorandum of Understanding (MOU) on September 11, 2008. The agreement was passed by City Council on April 21, 2009. The agreement provides for the City to purchase all equipment for the County. The purchase of this specialized equipment requires Council approval due to the associated dollar amount. Required Council Action: In order that the City comply with the State Purchasing Act and City ordinances relating to purchases, adoption of the motion is necessary in order to move forward with the proposed purchase. This award is structured in compliance with the Community Preparedness Section/Bioterrorism Discretionary Fund Projects Phase II grant disclosure requirements. Funding: Health Grant Fund - 550020- 9100 - 00000 - 772609 Michael B. era Assistant Director of Financial Services 826 -3169 mikeb @cctexas.com —45— $110,500.00 Total: $110,500.00 5 Request Council Date: 08/18/09 Alternate Date: 08/25/09 AGENDA MEMORANDUM RECOMMENDATION: Motion approving a supply agreement with Ergon Asphalt & Emulsions, Inc., Austin, Texas for emulsified polymerized asphalt (HFRS -2) in accordance with Bid Invitation No. BI- 0123 -09 based on only bid for an estimated semi annual expenditure of $289,450.00. The term of the agreement shall be for six months with options to extend for up to five additional six month periods, subject to the approval ofthe supplier and the City Manager or his designee. Funds have been budgeted by Street Department for FY 09 -10. ****************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** BACKGROUND: Purpose: This material is used by Street Services in their seal coat operation. It is the binder which is used with precoated aggregate to form street pavement. Previous Contract: The option to extend the current contract was not exercised due to supplier's inability to maintain contract pricing, requiring new bids to be received. Bid Invitations Issued: Two Bids Received: One Pricing Analysis: Pricing has increased 6% from the current contract price. Award Basis: Only Bid Funding: Mich'. e1 :: era Assistant Director of Financial Services 826 -3169 mikeb@.cctexas.com Street Services 520130- 1020 -12430 —49— $289,450.00 CITY OF CORPUS CHRISTI PURCHASING DIVISION BID TABULATION BID INVITATION NO. BI- 0123 -09 EMULSIFIED POLYMERIZED ASPHALT (HFRS -2P) BUYER: MARIA GARZA DATE: 08/18/09 ITEM NO. DESCRIPTION QTY UNIT ERGON ASPHALT & EMULSIONS, INC. AUSTIN, TX UNIT PRICE TOTAL PRICE 1 2 Emulsified Polymerized Asphalt (HFRS -2P) picked up at supplier location Emulsified Polymerized Asphalt (HFRS -2P) delivered to Service Center & loaded into City supplied tanker 110,000 15,000 gallons gallons 2.30 253,000.00 2.43 36,450.00 TOTAL: 289,450.00 -50- 6 Request Council Date: 08/18/09 Alternate Date: 08/25/09 COUNCIL MEMORANDUM RECOMMENDATION: Motion approving a supply agreement with IDEXX Distribution Inc., Westbrook, Maine for the laboratory testing reagent "Colilert" in accordance with Bid Invitation No. BI- 0172 -09 based on sole source for an estimated annual expenditure of $52,577.50. The term of the supply agreement shall be for twelve months with an option to extend for up to two additional twelve -month periods, subject to the approval of the supplier and the City Manager or his designee. Funds have been budgeted by the Health and Water Departments for FY 09/10. *********************************************************** * * * * * * * * * * * * ** * * * * * * * * * * * * * * * ** Background: Purpose: Colilert is used by the Health and Water Departments to test water for bacteria. This testing is required by the Environmental Protection Agency (EPA) and administered by the Texas Commission on Environmental Quality (TCEQ). The Water Department tests the water for the City of Corpus Christi. The Health Department is a regional testing lab and tests the water for various cities in the surrounding area. The Health Department charges these cities for the service and the fees are reimbursed to the City of Corpus Christi. Bid Invitations Issued: One Bids Received: One Award Basis: Funding: Sole Source Colilert is the only test reagent approved by TCEQ for this type of testing. IDEXX Distribution is the manufacturer of Colilert and sole distributor of this product. Water Department 520030- 4010 -31700 $30,645.00 21,932.50 Total $52,577.50 Health 520030- 1066 - 00000 - 831409 Assistant Director of Financial Services 826 -3169 mikeb @cctexas.com -53- BID INVITATION NO.: BI- 0172 -09 COLILERT BUYER: MARIA GARZA August 18, 2009 ITEM 1. 2. 3. 4. 5. 6. 7. CITY OF CORPUS CHRISTI PURCHASING DIVISION BID TABULATION DESCRIPTION QTY. UNIT IDEXX DISTRIBUTION, INC WESTBROOK, MAINE UNIT TOTAL PRICE PRICE COLILERT P/N WP200 -24, 200 TUBES /CS COLILERT P /N, WP200 -18, 200 TUBES /CS Colilert bottles P/N WV120SBST -200 bottles /case Enterolert WENT 200 /pack QUANTI -TRAY 100 QUANTI -TRAY 2000 Colilert comparator WP 104, 1 /box TOTAL -54- 20 60 95 10 13 14 4 CASE CASE CASE CASE CASE CASE BOX $500.00 $10,000.00 500.00 30,000.00 22.50 2,137.50 700.00 7,000.00 100.00 1,300.00 150.00 2,100.00 10.00 40.00 $52,577.50 7 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 08/18/2009 AGENDA ITEM: A. Motion authorizing the City Manager or his designee to accept a grant in the amount of $1,132,124 from the U. S. Department of Justice, Bureau of Justice Assistance, for funding eligible under the FY 2009 Recovery Act Edward Byme Justice Assistance Grant, funds to be distributed to Nueces County, City of Robstown, City of Port Aransas under the established interlocal agreements, and to execute all related documents. B. Ordinance appropriating $1,132,124 from the U. S. Department of Justice, Bureau of Justice Assistance in the No. 1061 Police Grant Fund to be distributed to City of Corpus Christi, Nueces County, City of Robstown, City of Port Aransas for the purchase of law enforcement equipment, and declaring an emergency. ISSUE: The Department of Justice provides funding opportunities each year in an effort to reduce crime and improve public safety through various methods, including the procuring of equipment, technology, and other material directly related to basic law enforcement functions. PREVIOUS COUNCIL ACTION: Approval to submit the application on 4/28/2009. REQUIRED COUNCIL ACTION: Acceptance of the grant and appropriation of funds. FUNDING: There is no match required of the grant. Funds are available from 03/01/2009 — 02/28/2013. CONCLUSION AND RECOMMENDATION: Staff recommends accepting the grant and appropriating the funds. Attachments: Award Document —57— M. J. Walsh Acting Chief of Police 886 -2604 BACKGROUND INFORMATION Funds have been distributed as follows by the federal govemment: State Jurisdiction Name Government Type Eligible Individual Allocation TX NUECES COUNTY County $543,042 TX CORPUS CHRISTI CITY Municipal $543,042 TX PORT ARANSAS CITY Municipal $13,666 TX ROBSTOWN CITY Municipal $32,374 TOTAL $1,132,124 All four entities submitted a joint application for the funds as detailed above. Each entity submitted an interlocal agreement stating they agree to the designated share of funds. Additionally because the City of Corpus Christi and Nueces County have been declared a disparate jurisdiction, both jurisdictions have agreed to split the funds 50/50. A disparate allocation occurs when a constituent unit of local govemment is scheduled to receive one and one half times more (four times more for multiple units of local government) than another constituent unit(s), while the other unit of local government bears more than 50% of the costs of prosecution or incarceration that arise for Part 1 violent crimes reported by the geographically constituent unit(s). With this award, the program has provided a total of $4,295,769 in grant funds to the City since the program began in 1996. The funds have been used to purchase backbone equipment for the Mobil Data/Automated Vehicle Location project, 27 police package vehicles, 69 unmarked police units, a property van, SWAT equipment, a bomb suit, digitized radios, radios for the Communications van, digital cameras, radars, video cameras, personal computer hardware and software, an upgrade to the computer system and the radio microwave system, a mobile police substation, polygraph instrument, air packs, SWAT rescue vehicle, and other police equipment. The Police Department proposes to purchase various law enforcement equipment such as emergency equipment for patrol units, case management/interrogation software, body armor, proximity readers/monitors, bar code system for property room, upgrades to the property room, upgrade 800 MhZ radio system for Project 25 compliance, digital imaging management system download station and cameras, upgrade to the gang tracking database, license plate readers, radio system for bomb robot, dive team equipment, and SWAT and bomb squad equipment. Nueces County proposes to utilize their share of the JAG funds to fund a Drug Prosecutor in the District Attorney's office and other law enforcement equipment. The City of Port Aransas will purchasetasers and the City of Robstown will purchase Digital Video mirrors for six vehicles. Each of the entities will receive a check from the City of Corpus Christi in the amounts listed above. -58- - — Department ofJustice Office of Justice Programs `s =; Bureau ofJustice Assistance Grant PAGE 1 OF 10 1. RECIPIENT NAME AND ADDRESS (Including Zip Code) City of Corpus Christ( 1201 Leopard Street Corpus Christi, TX 78401 4. AWARD NUMBER: 2009-SB -B9 -2543 5. PROJECT PERIOD: FROM 03/012009 TO 02/28/2013 BUDGET PERIOD: FROM 03/012009 TO 02/282013 6. AWARD DATE 07/21/2009 7. ACTION Initial IA. GRANTEE IRSNENDOR NO. 746000576 8. SUPPLEMENT NUMBER 00 9. PREVIOUS AWARD AMOUNT S0 3. PROJECT TITLE Recovery Act Edward Byrne Justice Assistance Grant 10. AMOUNT OF THIS AWARD 51,132,124 1I. TOTAL AWARD 5 1,132,124 12. SPECIAL CONDITIONS THE ABOVE GRANT PROJECT IS APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTH ON THE ATTACHED PAGE(S). 13. STATUTORY AUTHORITY FOR GRANT This project is supported under FY09 Recovery Act (BJA -Byrne JAG) Pub. L. No. 111 -5, 42 USC 3750 -3758 15. METHOD OF PAYMENT PAPRS AGENCY APPROVAL GRANTEE ACCEPTANCE 16. TYPED NAME AND TITLE OF APPROVING OFFICIAL James H. Burch H Acting Director 18. TYPED NAME AND TITLE OF AUTHORIZED GRANTEE OFFICIAL Angel Escobar City Manager 17. SIGNATURE OF APPROVING OFFICIAL 19. SIGNATURE OF AUTHORIZED RECIPIENT OFFICIAL 19A. DATE AGENCY USE ONLY 20. ACCOUNTING CLASSIFICATION CODES FISCAL FUND BUD. DIV. YEAR CODE ACT. OFC. REG. SUB. POMS AMOUNT 9 B SB 80 00 00 1132124 21. ISBUGT2079 OJP FORM 40002 (REV. 5 -87) PREVIOUS EDITIONS ARE OBSOLETE. OJP FORM 4000/2 (REV. 4 -88) -59- ORDINANCE APPROPRIATING $1,132,124 FROM THE U.S. DEPARTMENT OF JUSTICE, BUREAU OF JUSTICE ASSISTANCE IN THE NO. 1061 POLICE GRANT FUND TO BE DISTRIBUTED TO CITY OF CORPUS CHRISTI, NUECES COUNTY, CITY OF ROBSTOWN, AND CITY OF PORT ARANSAS FOR THE PURCHASE OF LAW ENFORCEMENT EQUIPMENT; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $1,132,124 from the U.S. Department of Justice, Bureau of Justice Assistance is appropriated in the No. 1061 Police Grants Fund to be distributed to City of Corpus Christi, Nueces County, City of Robstown, and City of Port Aransas for the purchase of law enforcement equipment. SECTION 2. That upon written request of the Mayor or five Council Members, the City Council (1) finds and declares an emergency due to the need for immediate action for the efficient and effective administration of City affairs; and, (2) suspends that Charter rule which requires an ordinance to be considered and voted upon at two regular meetings, so that this ordinance is passed and takes effect as an emergency measure upon its first reading on this the of August, 2009. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Joe Adame, Mayor Approved as to form July 23, 2009 T. Yrisha -ang Assistant City Attorney For City Attorney —60— 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, Joe Adame Mayor, City of Corpus Christi Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott —61— 8 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 8/18/09 AGENDA ITEM: A resolution authorizing the City Manager, or his designee, to execute a second amendment to the Interlocal Agreement on the Integrated Alert Notifications and Information System between the City of Corpus Christi, Nueces County and Kleberg County. ISSUE: San Patricio County has recently opted out of the interlocal agreement and has given notice to that affect as per the agreement. The remaining parties which include the City of Corpus Christi, Nueces County and Kleberg County wish to amend the existing agreement to clarify responsibilities. The City agrees to continue paying operating and maintenance cost for the Alert System components. The Counties agree to reimburse one third (1/3 rd) of the system operating and maintenance costs to the City on an annual basis. Additionally, the Counties agree that individually authorized costs, such as long distance charges, will be the responsibility of the authorizing party and will be reimbursed to the City upon presentation of billing. REQUIRED COUNCIL ACTION: Council approval. PREVIOUS COUNCIL ACTION: The Interlocal Agreement was first authorized by the Council on September 12, 2000 and first amended on July 24, 2001. CONCLUSION AND RECOMMENDATION: Staff recommends approval to execute a second amendment to the Interlocal Agreement on the Integrated Alert Notifications and Information System between the City of Corpus Christi, Nueces County and Kleberg County. Attachments 1. Copy of Resolution 2. Copy of Agreement -65- Richard Hooks Fire Chief RLH @cctexas.com 826 -3932 BACKGROUND INFORMATION The interlocal agreement to share operating and maintenance costs of the Integrated Alert and Information System was originally authorized by the City Council on September of 2000 and made effective on March 2002. The system has operated since that time with each party responsible for its share on the costs. Section 7 of the agreement calls for any modifications or amendments to the agreement to be in writing and approved by the governing bodies of each party. Both the Nueces County and Kleberg County Commissioner's Courts have reviewed and approved the proposed amendment. The integrated Alert Notification and Information System includes: Communicator: A PC- based, on -site system that places out bound and receives inbound calls simultaneously for both emergency and community call -out needs. It delivers incident - specific information and verifies message receipt via touch —tone response. Direct Link to FM Radio: This system utilizes equipment installed at the MetroCom Crisis Management Dispatch Center and at FM -89.5 KLUX radio station to provide reliable and timely information to the general public, especially travelers in their vehicles, concerning emergencies or unusual situations in the community which may create concern. The station can broadcast messages that provide rapid response to the public's need for information about emergencies. Emergency Alerting System (EAS): The EAS uses state -of -the -art technology to access private and public television and radio stations during national, regional, and local emergencies. The EAS transmits and emergency tone over radio and TV, followed by either a prerecorded or live message. The EAS is typically used for transmitting severe weather broadcasts but may also be used in times of national or local emergency. Emergency Information Line: The Emergency Information Line provides a pre- recorded emergency message to callers who dial 826 -INFO. Telephone Call -Down System: This system is designed to place a large volume of outbound telephone calls to community residents and businesses in predetermined areas. The system is used to alert the community of hazardous material incidents, severe weather, flooding and other community emergency situations. Warning (Tone Alert) Radio System: This system sends a signal from a primary transmitter to activate individual radio receivers located inside of designated schools, hospitals, care facilities, or businesses. Once the signal is received the radio emits an alerting tone to warn occupants of a potential emergency. This system may be expanded on a case -by -case basis in the future. -66- RESOLUTION AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE A SECOND AMENDMENT TO THE INTERLOCAL AGREEMENT ON THE INTEGRATED ALERT NOTIFICATION AND INFORMATION SYSTEM BETWEEN THE CITY OF CORPUS CHRISTI, NUECES COUNTY AND KLEBERG COUNTY. 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 a second amendment to the Interlocal Agreement on the Integrated Alert Notification and Information System between the City Corpus Christi, Nueces County and Kleberg County. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: July 21, 2009 T. Trisha Dang Assistant City Attorney For City Attorney Resol - IntAg- Amend -EOC —67— Joe Adame Mayor Corpus Christi, Texas of , 2009 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla Leal John E. Marez Nelda Martinez Mark Scott Resol -I ntAg- Amend -E0C —68— 013 9 SECOND AMENDMENT TO THE INTERLOCAL COOPERATION AGREEMENT FOR THE INTEGRATED ALERT NOTIFICATION AND INFORMATION SYSTEM WHEREAS, the Interlocal Cooperation Agreement for the Integrated Alert Notification and Information System ( "Agreement ") between the City of Corpus Christi, Nueces County, Kleberg County and San Patricio County to share operating and maintenance costs was finally executed on March 7, 2002; WHEREAS, San Patricio County has since opted out of the Agreement and the remaining parties intend to continue operating with certain modifications to the Agreement; WHEREAS, Section 7 of the Agreement calls for any modification to the Agreement to be in writing, signed, and approved by the governing bodies of each party; Now, therefore, the parties mutually agree to the following modifications to the existing Interlocal Cooperation Agreement as follows: "2. PARTICIPANT FUNDING. The City agrees to pay operating and maintenance costs for the Alert System components. The Counties agree to reimburse epe-farth-(4-'1 ) one third (1 /3rd) of the system operating and maintenance costs to the City on a quarterly bat an annual basis with payment due before the end of the Counties respective fiscal years. Additionally, the Counties agree that individually authorized costs, such as long distance charges, will be the responsibility of the authorizing party and will be reimbursed to the City upon presentation of billing. If any of the parties opt out of the agreement, the funding schedule shall be adjusted to reflect the proportionate shares of the remaining parties. * * * 5. DESIGNATED REPRESENTATIVES. The following officials, and their successors in office, are the designated representatives of the parties authorized to approve the SOP and amendments to the SOP: a. City of Corpus Christi R. Garcia George -K. Nee Angel R. Escobar, City Manager b. Kleberg County Alain-MT-May Pete De La Garza, County Judge c. Nueces County Richard M. Borchard Samuel L. Neal, Jr. County Judge -69- * * * 12. PERFORMANCE. This agreement shall be performed in Nueces County, Texas, and shall be governed by the laws of the State of Texas. San Patricio County Afluntydudge 400 W. Sinton Sinton, Texas 78387 Telephone: (361) 36,1 6120 Factimile: (361) 364 6118" The preceding modifications to the Agreement are effective when the last party to the Agreement executes this Second Amendment to the Agreement. —79— EXECUTED by the City of Corpus Christi, on the _ day of , 2009. ATTEST: Armando Chapa CITY OF CORPUS CHRISTI Angel R. Escobar City Secretary City Manager Approved as to form: 1/3o T.'Trisha'Dang Assistant City Attorney EXECUTED by the County of Kleberg, on the t day of —SIN, , 2009. ATTEST: 5249 a,e eo Alarcon County Clerk ov form: elma iR S-Salazar County Attorney COUNTY OF KLEBERG Peke De La Garza County Judge EXECUTED by the County of Nueces, on the 244" day of t L , 2009. ATTEST: COUNTY OF NUECES -Biana- BarFera Team, V*, County Clerk, atety Approved as to form: Laura Garza Jimenez County Attorney –71– 3 amuel L. eal, Jr. County Judge 9 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: August 18, 2009 AGENDA ITEM: Ordinance authorizing sale of sixty -seven (67) properties shown on the attached and incorporated Exhibit A at a tax resale auction with opening bids of 30% of the most recent tax appraisal value as described on the attached Exhibit A; and declaring an emergency. ISSUE: Properties located in the City of Corpus Christi are periodically foreclosed by Nueces County to collect delinquent taxes. Section 34.05 of the Property Tax Code requires that the governing body of the respective taxing entities approve the resale of these properties. Approval of this Ordinance will authorize the Nueces County Judge to execute a resale deed for the properties and approve the sale of these properties with an opening bid of 30% of the most recent tax appraisal value. A public auction of these properties is scheduled to be held on September 26, 2009 on the courthouse steps with this reduced opening bid. REQUIRED COUNCIL ACTION: Approval of the proposed Ordinance authorizing the resale of the listed properties. PREVIOUS COUNCIL ACTION: None CONCLUSION AND RECOMMENDATION: Staff recommends that City Council approve the proposed Ordinance in order to place the properties back on the tax roll. Attachments: Background Information Exhibit A Constance P. Sanchez Interim Director of Financial Services constancep@cctexas.com (361) 826 -3227 —75— BACKGROUND INFORMATION Properties within the City of Corpus Christi ( "the City ") are periodically foreclosed due to nonpayment of ad valorem taxes. The law firm of Linebarger, Goggan, Blair, & Sampson, L.L.P. brought forward sixty-seven (67) properties for resale at the opening bid prices listed in Exhibit A. The monies received from this sale will be distributed pursuant to the property tax code. The net proceeds from the sale are first applied to pay off the outstanding court costs, and the remaining funds are applied on a pro rata basis to each taxing jurisdiction. The opening bids are set at 30% of the most recent tax appraisal value. If any of the properties are not sold at this initial auction, it is proposed to immediately re -offer those properties for sale by the auctioneer at half of the original opening bid. This action is to ensure that every reasonable effort is made to sell the properties and return them to the tax rolls. Each of these sixty-seven (67) properties has been reviewed by Neighborhood Services, Engineering Services, and Parks and Recreation for potential City use. One property at 218 Havana (item #53 on Exhibit A) has been identified by Neighborhood Services for the "Infill Housing Project" for inclusion in the next potential Model Block Program. The City would like to allow the citizens the opportunity to purchase this property at the auction in order to put the property back on the tax roll as soon as possible. However, in the event that the property does not sell at the auction, then the City would like to include it in our inventory. As a result, all sixty-seven (67) properties will be included on the list for resale. Approval of the resolution will authorize the Nueces County Judge to execute a Resale Deed for the properties listed and the properties, if sold, will be returned to the property tax roll for the upcoming year. —76— EXHIBIT A TOTAL DUE CITY M c� O M 49 P .6 C n C M b r o N N vi 10 oa t1 M w■ M O N N &.; 00 a — 2,543.07 00 y 0 ri 0 CI 0 00 O M 0' N N 2,394.38 Q .c O Q N 00 e V Cl. U P n b •0 M O — �/1 N b N < c 2,283.08 2,279.78 00 N 0 N 2,672.47 — ^ ' v 00 en h 0 — W. — Z en r C. O y cro 10 O oc w 1,004.55 1 464.33 '0 o] co 479.63 00 T 549.29 1,096.30 463.52 649.02 2,672.99 N v1 V1 503.73 M N — el 766.32 158.73 h M M 476.95 — V' V m P T 572.91 844.27 W O — M LOCATION 2102 Peabody 413 Shawnee 830 Vancura 2409 Summers 3309 Washington 3013 Eisenhower 2504 Morris 601 Francesca 720 Cheyenne 1705 Lexington Ave. 2318 Summers 733 Cheyenne 2402 Summers 846 Van Cura 3032 Elgin i W 0 o. o a (n 808 Francesca 2602 W. Broadway 504 20th Street N to o 0 M N 2205 Marguerite 910 Francesca 1 -37 S Access Road @ Erwin TYPE OF PROPERTY. vacant lot vacant lot vacant lot _ vacant lot vacant lot vacant lot vacant lot vacant lot _ vacant lot vacant lot vacant lot vacant lot vacant lot vacant lot vacant lot vacant lot vacant lot vacant lot 000 0 ect vacant lot fractional 1 vacant lot ACCOUNT NUMBER 8990 -0002- 0090 8013 -0002- 0030 3232 -0009- 0030 4032 -0001- 00120 8529 -0001- 0210 7891 -0000- 0010 7891- 0004 -0020 6458 -0000- 0107 1593 -0002- 0130 8013 -0006- 0120 6458 -0000- 0306 8013 -0003- 0061 N O M 9 O O 01 Q CO 2277 -0006- 0080 5305 -0004- 0010; 5305- 0004 -0020 7634 -0003- 0590 9362 -0000- 0040 2245 -0002- 0235 00 O N — 2245 -0002- 0150 4007 -0003- 0150 0040 Ir 3443 -01 0011 0315 -01 0011 OPENING BID 0 O 0 N 69 1,680.00 O b — � S O N O R — O b W 0 S ^ N O O N N O N 2,200.00 O O N M 0 0 O 0 N O h — 0 0 O N N O 0 O co — 0 M — 3,230.00 0 0 O 0, — 0 O 0 '^- v — 0 0 O N 0 0 O M — 0 O O N — PROPERTY VALUE O O R f. 10 CA O O (+1 o0 vl vl 0 9 — 00 tic 0 9 1G 00 1D 0 9 M vl C Cr O O 01 01 10 00'0005 00'881'L O O 10 ^ N O O 00 NI l: 7,327.00 O O — 00 r 0 O O oC N 00 01 0 O th 0 N V■ 0 O C 0 V 00 0 O C CO Vl O 0 O 6 vt f< M 0 O lV 10 h o 0 O V R f b O O Vi 7,128.00 0 O M Vl m O 0 0 vi b O V DATE OF 1 SALE 11/13/2000 11/12/2001 N O N O 0 -. 2/3/2004 R O 0 `O 6/28/2004 6/28/2004 O 0 - 0 0 NN - O 0 0 0 00 Vl O 0 O ON O 0 M M O 0 M [e 4/26/2007. 7/27/2007 7/27/2007 8/31/2007 8/31/2007 10/5/2007 O 0 N O 0 in LEGAL DESCRIPTION Lots 1, 2 & the south 15 feet of Lot 3 Block 31 Hillcrest Addition Lot 1 Block 6 Austm Addition Lot 9 Block 2 Vancura Addition Lot 3 Block Shoreline Park Lot 3 Block Harlem Park Lot 12 Block 1 La Arboleda Addition Lots 21 & 22 Block 1, Summit Addition Lots 1 & 2 Block 4 Seikel Addition S42'ofW 142'Lot 10 Patrick Gardens Lot 13 Block 2 Citizens Addition Lot 12 Block 6 Shoreline Park '.Lot 30 -A Patrick !Gardens Part of Lot 6 Block 3 Shoreline Park Lot 13 Block 2 Vancura Addition Lot 8 Block 6'EI Rey Addition Lots 1 & 2 Block D Monte Vista Addition ILot 59 Block 3 San Pedro Addition Lot 4 West Broadway Addition Lot 24A Block 2 Eckerd Addition ILot 18 Block 11 Coronado Addition Lots 15 & 16 Block 2 Eckerd Addition ILot 15 Block 3 Kosar Addition Part of Lot 4 Blcok 2 Driscoll Village DEFENDANT NAME C 0 u x a 61 Jose Dolores DeLeon c 0 U Johnnie Mae Daniel Victor A. Jones Emilia Cruz Federico Alanis Armando Gutierrez Valentia Femandez Rena Martin Nenie Marie Edwards Ester B. Gonzalez Rosena Mays Tillie Demetrio Castaneda en - u Q Felix Linan Corpus Investments, Inc. Norine Stokes Walker Fred Smith V n Z` Michael Richardson Santos De La Paz Anthony O. Robert SUIT NUMBER W T N M 01 G1 P 1D V NO T 01 ???9 vl Vl 00 R 1D 00 — VI M 0 6 0 O 01 N N 00 00 V' M 0 N N 00 U 06 O N M N_ T N M co O 00 a N _r) 10 R G U N N VI C. m 0 S Vl N 00 — t 01 U M 'V 00 — M O x N 0 N C 0 U N 01 M 06 0' u. A b 0 N M 0 S w; a 0 N 4 0 W 01 N 00 N 0 G y 0 IN- a 0 c? m n M b V 0 U — 00 C .9 4 0 u1 04 N b Q 0 T O 00 M b a} 0 a en M 0 b , O 3 419 U 0 N N N N M N It N VI 0 N N N N 00 N 01 01. JO 7 — M N m M M a en VI M 10 M N m 00 M T M 0 O N. d' TOTAL DUEI CITY r- 0 10 n b ^ NO oo CO n N N N - o e N - 2.725.23 CO b r P n - N o e 00 - 2.772.62 P 0 re; 0 0 g e v1 o '0 N ut - r 0 N V1 3.457.92 I n V - ._. 0 ? V h - 0 N n v1 N M N 5,334.49 4,500.44 I V N - 00 n 1- '0 00 - 2,464.57 P Vl - N N P N h N n b CO - h - CITY'S PORTION V)) a n 00 > 284.97 575.96 306.93 4R7 44 611.59 424.59 491.38 O C a n 895.83 902.76 436.99 I in p 0 0 - 00 O 938.71 P vl v1 P 426.30 508.88 N vt a 687.85 373.24 I LOCATION NU 0. z .- ■ 01 Cd O a 00 .0 1800 Bk Parker's Alley 707 25th Street 2634 Marguerite 1402 Winnebago 1400 Bk of N. Alameda 1519 Caldwell Street 2500 Mary Street 4406 Vestal Street CO C > x 00 765 Post Avenue 9 W O g' a 1p ° 0 719 18th Street 9 L 0 - 0 - N 1253 Manchester 2614 Marguerite 16th Street ® Crosstown .j CO m > - N Z U 6425 Calle Cuernavaca 810 Waco Street 810 18th Street TYPE OF PROPERTY vacant lot vacant lot o house and lot vacant lot vacant lot vacant lot vacant lot vacant lot vacant lot vacant lot vacant lot I vacant lot house and lot I vacant lot house and lot vacant lot vacant lot vacant lot O vacant lot ACCOUNT NUMBER 4565 -0001- 0070 0316 -0004- 0050 6403 -0001- 0035 3837 -0001- 0540 8409 -0006- 0320 I 2077 -0001- 0020 1695 -0013- 0090 5463 -0004- 0120 8409 -0007- 0600 7007 -0006- 0160 1795 -0009- 0080 0072 -0004- 0170__ 0316 -0004- 0020 9630 -0004- 0050 3443 -0022- 0010 4740 -0003- 0040 8409 -0006- 0350 0488 -0009- 0050 4233 -0005- 0040 4233 -0005- 0050___ 0497 -0035- 0100 9620 -0002- 0050 OPENING BID 1,000.00 O O '0 ^ O O N 3,010.00 840.00 630.00 2,350.00 1,160.00 1,070.00 O O O O O o r` 0 1� N n ^ 2,340.00 co 0 C 0 Vi - O O C o0 00 N 2,080.00 O 0 C O n N O 0 C .�.. Q 0 O G N O ^ O O O N `0 M O O 6 O n O O C n 10 N O O C N 0 - PROPERTY VALUE O O N n n O O g N vi O CO o0 tel 0 N 10,022.00 2 795.00 2,090.00 7,811.00 3,834.00 3,544.00 00'000'S 00'Ob5'ZI 0 O c 0 CO r O O c 0 N vi 0 O 10 N v1 Q S O P b 7,664.00 O O 00 n • 3,386.00 0 0 a n 0 N 0 0 00 - n 0 0 0 o V1 N CO 0 O ri on ■■ DATE OF SALE O QPQW O fV O O V O O Oi V O O O W N N 2/18/2008 5/2/2008 5/2/2008 5/2/2008 00 00 00 O O O 0 0 0 V) VI .n 00 O 0 iN V1 00 O � VI O vl O Z Q v 7/7 /2008 O 0 Q 00 O O C CT Cr, C ∎ O •C ^ . : LEGAL DESCRIPTION Lots 7 & 8 Block 1 Los Angeles Hills Lot 5 Block D Addition No. 2 A Portion of Lot 3 Block A Parker Addition Lot 54 Juarez Addition Lot 32 Block 6 Steele Addition Lot 2 Block A Diaz - - Addition Lots 9, 10, 11, 15 &16, NW 1/4 Block D Colonia Mexicana Addition West 1/3 ofl,.o1 11 & East 1/3 of Lot 12 Block 4 Mussett Addition Lot 60 Block 7 Steele Addition Lot 16 Block 6Prescott Park Unit 4 Lot 8 Block 9 Corrado Addition Lot 17 Block 4 Airport Park Addition Lot 2 Block D Austin Addition No. 2 Lot 5 Block 4 Wiess Addition Lots 1 and 2 Block 22 Hillcrest Addition Lot 4 Block 3 Manchester Place Lot 35 Block 6 Steele Addition A Portion of Lot 5 Block 9 Bay View Addition No. 3 Lot 4 Block 5 Las Colonias Subdivision Unit 3 Lot 5 Block 5 Las Colonias Subdivision Unit 4 Part of Lot 10 Block 35 Bluff Portion of Central Whart & Warehouse Lot 5 Block 2 Wiess Addition DEFENDANT NAME Elvira Castillo Frank Alaniz Ethel Prince Gabriela F. Herrera A. Cervantes Jos- di Jones Jessie Sam 'son Ambrosia R. Angeles Alvina S. Garcia Ramiro Garza Dora Rodri uez Robert Garza Daniel Guartuche Guadalupe Lemos Mose Garrett Jr. Manuel Villanueva Abel Abrego, Jr. Mary Goldie Haddock Mary Goldie Haddock Maria E. Esquivel Juanita Tijerina SUIT NUMBER w O 0 r- O 0 O- O N 0 w b 1` O u. U O � V1 N 10 b 0 O w N P n O 04- 6632 -D 04- 6642 -G x,06- 3239 -F It w 6 .� VI N P 00 0 10 n N v1 w 0 0 0 (I) oe n P n 0 4 CO N WI 0 04- 704441 X 00 N 10 n 0 a a V n vt N P ¢ - h b V 0 w 4 in 0 r V 0 i 4 in 0 N. 4 0 1D N - 4 6 N - r V 0 ye n b' < VI e b V h C 00 e P O - p V1 VI N n v1 ef7 vl v1 b v1 N v1 CO h P V1 0 10 '0 '0 b egl b TOTAL DUE CITY N O m Q N tn P G N 0 In N N 3,427.80 i h 00 R N 0 - 0 M 00 Q T - - 0 0 N 0 M - M O tr. Cl N 0 N 0< Q n M 3,740.79 2,408.32 0 n 00 Q M vl !T 00 U M N, rV 0 b ri O N r 0 0 n M M — in N - n M b Q 6 - N 3,102.08 Q in rry v1 N N 00 Vl b n - b P o h N P 0 0 b Q M N z n r ., ■ w Q 746.35 213.44 494.56 739.65 387.63 00 )O n e 677.73 692.72 M. v a b O oc a 00 o v. 3,422.701 00 M 06 .MC N 472.99 678.70 O O 0 00 466.55 00 Y 0c - C o_' a 354 77 01 r- TT - ? Q QI V+ LOCATION 11633 Hemlock Place 2112 Martin Luther King Blvd. 1420 N. Alameda Street 1809 Comanche Stet 2745 Dixie Street N Y b h V } K M 134 Watson Street 618 Dolores Street 1413 Peabody Avenue H U 0 D, 0 M N 0 b N N M 649 Cheyenne 1219 Van Loan no street access Si N 0 U 00 N 1950 Stardust Lane No Road Frontage 9038 Simon Drive Simon @ Clarkwood 4730 Ban-era Street 14630 Molina Drive TYPE OF PROPERTY vacant lot vacant lot vacant lot vacant lot 3 > vacant lot vacant lot house and lot' house and lot vacant lot house and lot O 9 X > 9 vacant lot 11 WI > vacant lot vacant lot house and lot vacant lot vacant lot 1 vacant lot ACCOUNT NUMBER 2996 -0003- 0300 N O O O N O b O P ^ 1695 -0013- 0030 6463 -0007- 0080 3232 -0003- 0080_ 0797 -0068- 0050 8284 -0010- 0210 7634 -0001- 0420 3443 -0023- 0070 L7886 -0020- 0040 of S O O O O O M — 6458 -0000- 0364 3443 -0001- 0100 2486 -0008- 0276 4130 -0007- 0140 2127 -0003- 0130 N O O O N N O b 7627 -0001- 0090 7627 -0001- 0010 1690 -0009- 0030 5281 -0010- 0025 V Z D Z ' � 4 0 O O O O n N 700.00 00'088`1 O 0 O N N 00 ^ 0 0 O M N N O 0 O 0 1,130.00 O _9170.00 b N O 0 O T M r O 0 O M 0 0 O 0 O M N O Q n b 0 0 O b M H 0 0 O 0 vi Tr 4,560.00 3,440.00 2 470_00_ O O1 O b O M O O O r O N — V> PROPERTY VALUE 0 M D` 00 CO 0 O ^ M N 0 06 N N 0 0 M 0 0 n 0 b t- N b S O 0 N n 0 O in M b S rl r- M 34,641.00 0 C vl h O N 0 T rl r- 00 0 - m b O N 0 vl o Q vi M 0 O n n S O N N N 17,835.00 0 O O O - ■ 0 b r- - ^ 0 O v■ Q - 0 0 N. 00 00 0 O 0 N 0 - DATE OF SALE 0 in 0 0 in O V in S V 3/26/2009 3/26/2009 3262009 ON O 0 0 CT O O 4/620091 Q h 5/7/2009 O 0 t 72720071 10/5/2007 0 0 vi ^ 5/720091 O Q h O Q in 5/2/2008 O 0 Q LEGAL DESCRIPTION Lot 30 Block 3 Greenwood Park Unit 1 Part of Lots 2 & 3 Block 21 Craven Heights Addition 3, 4, 21, & 22 Block Colonia Mexicana [ion :Block 7 Paul Court of Lots Lot 8 Block ;Harlem Park Addition Lot 5 Block 68 Bluff Portion The west 37 12 feet of Lot 21 Block 10 Southmoreland Addition Lot 42 Block 1 San Pedro Addition Lots 7 & 8 Block 23 Hillcrest Addition Lot 4 Block 22 Segrest Addition Replat Lot 20 Block 5 Carver Addtion No. 2 Lot 36 -A Patrick Gardens Subdivision Lots 10 & 11 Block 1 Hillcrest Addition Tract D Lot 27 Block H .Flour Bluff Estates Lot 14 Block 7 Laguna Vista Shores Lot 13 Block "C" Don Patricio Subdivision Lot 6B Block 22 Padre Island No. 1 Lot 9 Block 1 San Juan Addition Lots 1 and 2 Block 1 San Juan Addition Clarkwood The North l2 of Lot Block 9 Colonia Hidalgo Addition 2 Block 10 Molina ...,. Subdivision No. 2 DEFENDANT NAME Tom Porter Joe Anna Davis James C. Martin James C. Martin Deolla Logan Cleo Vemall James Andrew Barrientes Ermeralda Perez Kathryn D. Nickleson Herlinda Saldivar i'Beatrice Mabrey Josephine Pena Wayne De La Garza 1Rose Ann Richardson Dorothy Watson Otis Huffer James Stuart Guadalupe Diaz Cortez 03 W rn Vicente Gonzalez Jr. Maria Sylvia De La Garza SUIT NUMBER LL Qk b O N b 0 U N 00 N v1 b O Cl N O 00 rn 9O 0 W N O CO r1 b 0 C7 4 O n - n O W n 0 n - n O u] P 00 Q M n 0 U A h M n 0 0 8 n m 1D O 0 00 b n M b 0 W 1D O n 1D vr O W N M b Q N 0 6 N 0. n 9 CE O Cl 1D T Q 1D a W vs 0. - O CO 1S n b 8 It 00 - 0 O W co _ n - O 0 T - m O 0 n V R O 4. 0 co — O - w O F nY. in b b b n b 00 b P b 0 n n N n M n Q n in C7g b N n ^ W N W M 00 Q co 0 0 — ^ — — i ) Property Tax Sale August 18, 2009 ■ SANTA ELENA STREET HILDAGO STREET ITURBIDE STREET ZARAGOSA STREET GLORIA ST. ZAPATA ST. Property Tax Sale August 18, 2009 N r WHITE CAP. BLVD. Property Tax Sale August 18, 2009 INTERSTATE 37 N Property Tax Sale August 18, 2009 COUNTY ROAD 36 SCAPULAR STREET SCAPULAR STREET SIMON DRIVE STOCK DRIVE STOCK DRIVE -87- Property Tax Sale August 18, 2009 HOSPITAL BOULEVARD / -. QO / `Property Tax Sa /e; `- \ p. August 18, 2009' 1/4 9/ U 0 SOUTH NAVLOR CIRCLE AGNES AGNES STREET. LL J L 2OI CARMEN STREET ■ NAVAJO STREET HI I ^wil .NS. • SANTA ELENA STREET • HIDDAGO STREET O 2 _ ... -.Z I _..Y I w o � ,li NAVAJO STREET' J -- AIL I HIDALGO STREET __ 89— _1 I ORDINANCE AUTHORIZING SALE OF SIXTY -SEVEN (67) PROPERTIES SHOWN ON THE ATTACHED AND INCORPORATED EXHIBIT A AT A TAX RESALE AUCTION WITH OPENING BIDS OF 30% OF THE MOST RECENT TAX APPRAISAL VALUE AS DESCRIBED ON THE ATTACHED EXHIBIT A; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That pursuant to Section 34.05 of the Tax Code, the governing body of the City of Corpus Christi authorizes the sale of sixty -seven (67) properties shown on the attached and incorporated Exhibit A at a tax resale auction, with opening bids of 30% of the most recent tax appraisal value, as described on the attached Exhibit A. Should property fail to sell, opening bid shall be further reduced by one -half. SECTION 2. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the of August, 2009. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Legal form approved August 11, 2009 By: , -cyr Lisa Aguilar J Assistant City Attorney for City Attorney Joe Adame Mayor —90— Corpus Christi, Texas Day of 2009 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, Joe Adame Mayor Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott —91— 10 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: August 18, 2009 AGENDA ITEM: Motion authorizing the City Manager or designee to execute an annual joint funding agreement with the United States Geological Society (USGS), U.S. Department of the Interior, to gather and maintain accurate records of all inflows and releases in the reservoir system as per Texas Water Rights Permit No. 3358 and for the continuation of surface water quality data collection by the USGS. The City will contribute an amount of $320,455 out of a total project cost of $379,230 during the federal fiscal year October 1, 2009 through September 30, 2010 ISSUE: The United States Geological Survey (USGS) established automated river gauging stations as per the City's request in 1981 to gather and maintain accurate records of all inflows and releases in the water reservoir system. In order to continue with the annual watershed gauging program, an annual joint funding agreement between the City and the USGS is necessary. REQUIRED COUNCIL ACTION: To approve the continued funding agreement with the USGS. PREVIOUS COUNCIL ACTION: This agreement has been approved on an annual basis by the previous City Councils. FUNDING: Funds are budgeted in the Wesley Seale Dam (530000- 4010 - 30200) and Choke Canyon Reservoir (530000- 4010- 30210) activities of the Water Fund for a total available amount of $320,455. CONCLUSION AND RECOMMENDATION: Approval of continued funding agreement as presented. PGustavo Gonzalez, P.E. Director of Water Operations Gustavogo@cctexas.com 826 -1874 Attachment: USGS Joint Funding Agreement -95- BACKGROUND INFORMATION In 1981, the City requested the United States Geological Survey (USGS) to establish automated river gauging stations to gather and maintain accurate records of all inflows and releases in the water reservoir system. This was necessary to comply with Texas Water Rights Permit No. 3358, which required that specified releases from the reservoir system be made to the bays and estuaries. The initial joint funding agreement was approved by the City Council in 1984, and it provides funds for Geological Survey operations on the Nueces, Frio and Atascosa rivers and tributaries, and at Lake Corpus Christi and Choke Canyon Reservoir. The USGS maintains all equipment, i.e. stream flow stations, data collection platforms, rain gauges, and analyzes the data gathered to provide gauge height readings, discharge readings, and reservoir content information. The City funds a portion of the operational costs of the stream flow and full service data collection platforms and the full cost of rain gauges and surface discharge gauges below the two dams. The National Weather Service also uses the data collected to predict floods. When fully implemented in 1984, the program included thirteen stations; additional stations have been added since the beginning of the program and at present there are twenty stations in use. The costs of data collection platforms and stream flow stations are shared by the USGS and the City of Corpus Christi, with the costs of other services borne entirely by the City. Funds are budgeted each year in the Water Department operating budget for the City's share of the joint funding. Funds are budgeted in the Wesley Seale Dam (530000- 4010 - 30200) and Choke Canyon Reservoir (530000- 4010 - 30210) activities of the Water Fund for a total available of $320,455. -96- Form 9 -1366 (Oct. 2005) U.S. Department of the Interior U.S. Geological Survey Joint Funding Agreement FOR Water Resources Investigations Page 1 of 2 Agreement #: 10C4TX029000000 Customer #: TX029 Project #: 86539ME TIN #: 74- 6000574 USGS DUNS #: 128821266 Fixed Cost Agreement Yes No THIS AGREEMENT is entered into as of the 1st day of October, 2009, by the U.S. GEOLOGICAL SURVEY, UNITED STATES DEPARTMENT OF THE INTERIOR, party of the first part, and the CITY OF CORPUS CHRISTI, party of the second part. 1. The parties hereto agree that subject to the availability of appropriations and in accordance with their respective authorities there shall be maintained in cooperation surface -water and water - quality data collection activities, herein called the program. The USGS legal authority is 43 USC 36C; 43 USC 50, and 43 USC 50b. 2. The following amounts shall be contributed to cover all of the cost of the necessary field and analytical work directly related to this program. 2(b) includes In -Kind Services in the amount of $0.00 (a) $58,775 by the party of the first part during the period October 1, 2009 to September 30, 2010 (b) $320,455 by the party of the second part during the period October 1, 2009 to September 30, 2010 (c) Additional or reduced amounts by each party during the above period or succeeding periods as may be determined by mutual agreement and set forth in an exchange of letters between the parties. (d) The performance period may be changed by mutual agreement and set forth in an exchange of letters between the parties. 3. The costs of this program may be paid by either party in conformity with the laws and regulations respectively governing each party. 4. The field and analytical work pertaining to this program shall be under the direction of or subject to periodic review by an authorized representative of the party of the first part. 5. The areas to be included in the program shall be determined by mutual agreement between the parties hereto or their authorized representatives. The methods employed in the field and office shall be those adopted by the party of the first part to insure the required standards of accuracy subject to modification by mutual agreement. 6. During the course of this program, all field and analytical work of either party pertaining to this program shall be open to the inspection of the other party, and if the work is not being carried on in a mutually satisfactory manner, either party may terminate this agreement upon 60 days written notice to the other party. 7. The original records resulting from this program will be deposited in the office of origin of those records Upon request, copies of the original records will be provided to the office of the other party. 8. The maps, records or reports resulting from this program shall be made available to the public as promptly as possible. The maps, records or reports normally will be published by the party of the first part. However, the party of the second part reserves the right to publish the results of this program and, if already published by the party of the first part shall, upon request; be furnished by the party of the first part; at cost, impressions suitable for purposes of reproduction similar to that for which the original copy was prepared. The maps, records or reports published by either party shall contain a statement of the cooperative relations between the parties. 9. USGS will issue billings utilizing Department of the Interior Bill for Collection (form DI- 1040). Billing documents are to be rendered quarterly. Payments of bills are due within 60 days after the billing date. If not paid by the due date, interest will be charged at the current Treasury rate for each 30 day period, or portion thereof, that the payment is delayed beyond the due date. (31 USC 3717; Comptroller General File B- 212222, August 23, 1983.). -97- Form 9 -1366 Continued USGS Technical Point of Contact U. S. Department of the Interior U. S. Geological Survey Joint Funding Agreement Name: J. Mark Null Supervisory Physical Scientist Address: USGS, TX WSC -South Texas Program Office 5563 De Zavala Rd., Suite 290 San Antonio, TX 78249 Telephone: (210) 691 -9262 Fax: (210) 691 -9270 Email: jmnull@usgs.gov USGS Billing Point of Contact Name: Justin M. Wedel Administrative Officer Address: U.S. Geological Survey, TX WSC 8027 Exchange Dr Austin, TX 78754 Telephone: (512) 927 -3549 Fax: (512) 927-3590 Email: jmwedelCusgs.gov U.S. GEOLOGICAL SURVEY UNITED STATES DEPARTMENT OF THE INTERIOR Signature J By —L(7- I (.4., Date JUN 1 7 2 Name: Title: Ann F. Ardis Acting Director Appra,edasto bow ...� A R. Fl Assist city Attorney For City AttomeY Page 2 of 2 Agreement #: 10C4TX029000000 Customer #: TX029 Project #: 86539ME TIN #: 74- 6000574 USGS DUNS #• 128821266 Customer Technical Point of Contact Name: Angel Escobar, P.E. City Manager Address: City of Corpus Christi 1201 Leopard St. Corpus Christi, TX 78401 Telephone: (361) 880 -3220 Fax: (361) 826 -3839 Email: angele@cctexas.com Customer Billing Point of Contact Name: M. P. Sudhakaran Water Resources Mgmt Advisor Address' City of Corpus Christi 2726 Holly Road Corpus Christi, TX 78415 Telephone: (361) 826 -3667 Fax: (361) 826-4420 Email: MP @cctexas.com CITY OF CORPUS CHRISTI Signatures -98- LG –eAt Title: ti'`� z2�C�l r- 12)it vrtalr 4 Date) /•of By Date Name: Title: By Date Name: Title: City of Corpus Christi TX029 STATION NUMBER 001: SURFACE WATER 1 ATTACHMENT FOR TX029 DESCRIPTION USGS COOP TOTAL FUNDS FUNDS FUNDS 08194000 Nueces River at Cotulla, TX Full Range Streamflow Station 55100 $10,300 $15,400 Raingage - Station $0 $720 $720 08194500 Nueces River near Tilden, TX Full Range Streamflow Station $5,100 $10,300 $15,400 Raingage - Station 50 $720 $720 08197500 Rio River bl Dry Frio River nr Uvalde, TX Raingage - Station $225 $495 $720 08198500 Sabina) River at Sabina), TX Raingage - Station $225 $495 $720 08200700 Hondo Creek at King Waterhole nr Hondo, TX Raingage - Station $225 $495 5720 08205500 Frio River near Derby, TX Full Range Streamflow Station 55,100 $10,300 $15,400 Raingage - Station $0 $720 $720 08206600 Frio River at Tilden, TX Full Range Streamflow Station $5,100 $10,300 515400 08206700 San Miguel Creek near Tilden, TX Raingage - Station $0 $720 $720 08206900 Choke Canyon Reservoir nr Three Rivers, TX Reservoir Contents $2,740 $4,860 $7,600 Raingage - Station $0 $720 $720 08206910 Choke Canyon Res. outflow nr Three Rivers, TX Q below Base and Continous Stages $3,170 $6,930 510,100 -99- FY2010 City of Corpus Christi TX029 ATTACHMENT FOR TX029 STATION DESCRIPTION USGS COOP TOTAL NUMBER FUNDS FUNDS FUNDS 08208000 Atascosa River at Whitsett, TX Raingage - Station $0 $720 $720 08210000 Nueces River near Three Rivers, D( Full Range Streamflow Station $5,100 $10,300 $15,400 08210100 Nueces River at Georgewest, Tx Stage Only Station (one level) $0 57,300 57,300 08210500 Lake Corpus Christi near Mathis, TX Reservoir Contents 52,740 $4,860 $7,600 08211000 Nueces River near Mathis, TX Full Range Streamflow Station $0 $0 $0 Raingage - Station $0 $0 $0 Full funding through USGS NSIP program begin FY2010 08211200 Nueces River above Bluntzer, TX Q below Base and Continous Stages 08211500 Nueces River at Calallen, TX Full Range Streamflow Station Redundant DCP and Additional Stage 08211503 Rincon Bayou Channel near Calallen, TX Q below Base with AVM and Continuous Stage 003:WATER QUALITY 2 SURFACE WATER TOTAL: $3,170 56,930 $10,100 55,100 $10,300 515,400 $0 $4,700 $4,700 $0 512,900 512,900 543,095 $116,085 $159,180 08194500 Nueces River near Tilden, TX Frequnecy Special Periodic Sample Collection and Processing 4 $500 55,900 $6,400 Minor Elem + inorganic - Part I 4 $100 $650 $750 Inorganics: Major Ions and Trace Metals 4 $60 $490 $550 Metals, ICP/MS, Dissolved 4 $150 $700 $850 Dissolved Nutrients + ortho- phosphate 4 $50 $400 $450 Pesticides(C -18 SPE), filtered 4 $300 31,750 $2,050 Pesticides(HPLC/MS SPE), filtered (lab) 4 $350 52,450 $2,800 STATION TOTAL: 51,510 $12,340 $13,850 08206600 Frio River at Tilden, TX Frequnecy Special Periodic Sample Collection and Processing 4 $500 $5,900 $6,400 Minor Elem + inorganic - Part I 4 $100 5650 $750 Inorganics: Major Ions and Trace Metals 4 360 $490 $550 Metals, ICP /MS, Dissolved 4 $150 $700 $850 Dissolved Nutrients +ortho- phosphate 4 $50 $400 $450 -100- FY2010 City of Corpus Christi STATION NUMBER DESCRIPTION ATTACHMENT FOR TX029 Pesticides(C -18 SPE), filtered Pesticides(HPLC/MS SPE), filtered (lab) 3 STATION TOTAL: TX029 USGS COOP TOTAL FUNDS FUNDS FUNDS 4 $300 $1,750 $2,050 4 $350 52,450 52,800 51,510 512,340 513,850 —101— FY2010 City of Corpus Christi TX029 4 ATTACHMENT FOR TX029 STATION DESCRIPTION USGS COOP TOTAL NUMBER FUNDS FUNDS FUNDS 08210000 Nueces River near Three Rivers, TX Frequnecy Special Periodic Sample Collection and Processing 4 $500 $5,900 $6,400 Minor Elem + inorganic - Part I 4 3100 $650 $750 Inorganics: Major Ions and Trace Metals 4 $60 $490 $550 Metals, ICP/MS, Dissolved 4 $150 $700 $850 Dissolved Nutrients + ortho-phosphate 4 $50 $400 $450 Pesticides(C-18 SPE), filtered 4 $300 $1,750 $2,050 Pesticides(HPLC /MS SPE), filtered (lab) 4 $350 $2,450 32,800 STATION TOTAL: $1,510 $12,340 $13,850 08206900 Choke Canyon Reservoir nr Three Rivers, TX Frequnecy Lake Survey Sample Collection and Processing 3 $2,300 $14,250 $16,550 Minor Elem + inorganic - Part l 6 3200 $950 $1,150 Metals, ICP /MS, Dissolved 6 $250 31,000 $1,250 Inorganics: Major Ions and Trace Metals 6 $125 $675 $800 Pesticides(C -18 SPE), filtered 12 $1,200 34,950 $6,150 Pesticides(HPLC /MS SPE), filtered (lab) 12 31,500 $7,500 $9,000 Pesticides - Bottom Sediment 2 $250 $1,700 31,950 Oil and Grease 4 $100 $750 $850 STATION TOTAL: $5,925 $31,775 $37,700 08210500 Lake Corpus Christi near Mathis, TX Frequnecy Lake Survey Sample Collection and Processing 3 $2,300 $14,250 $16,550 Minor Elem + inorganic - Part l 6 $200 $950 31,150 Metals, ICP /MS, Dissolved 6 $250 $1,000 $1,250 Inorganics: Major Ions and Trace Metals 6 $125 $675 $800 Pesticides(C -18 SPE), filtered 9 $900 $5,250 $6,150 Pesticides(HPLC /MS SPE), filtered (lab) 9 31,100 $7,900 $9,000 Pesticides - Bottom Sediment 2 $250 $1,700 $1,950 Oil and Grease 4 $100 $750 $850 STATION TOTAL: $5,225 $32,475 $37,700 -102- FY 2010 City of Corpus Christi TX029 ATTACHMENT FOR TX029 STATION DESCRIPTION USGS COOP TOTAL NUMBER FUNDS FUNDS FUNDS 08211200 Nueces Rv at Bluntzer, Tx Temp., Cond., pH, Diss. Oxy., Monitor (4 -Parm) $0 $35,500 $35,500 08211450 08211450 - Nueces Rv blw Hazel Bazemore Park nr Calallen, Tx Temp., Cond., pH, Diss. Oxy., Monitor (4 -Parm) 08211503 Rincon Bayou Channel near Calallen, TX Temp. and Cond. Monitor (2 -Parm) 08211505 Rincon Bayou Channel outfall to Nueces Bay nr Calallen, TX Temp. and Cond. Monitor (2 -Parm) 5 $0 $35,500 $35,500 $0 $35,500 $35,500 $0 $35,500 $35,500 $0 $16,050 $16,050 $0 $16,050 $16,050 $0 $16,050 $16,050 $0 $16,050 $16,050 WATER - QUALITY TOTAL: $15,680 $204,370 $220,050 PROJECT SURFACE WATER: 001 WATER QUALITY: 003 TOTAL USGS COOP TOTAL FUNDS FUNDS FUNDS $43,095 $116,085 $159,180 $15,680 $204,370 9220,050 958,775 $320,455 $379,230 - 103 - FY2010 11 AGENDA MEMORANDUM August 18, 2009 SUBJECT: Terminal Re- Roofing Project, Old Wing — 2008 (Project No. 10026) AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute a construction contract for the Base Bid, and Additive Alternatives 1 with Haeber Roofing Company, of Corpus Christi, Texas in an amount not to exceed S170,985.00 for the Corpus Christi International Airport for the Terminal Re- Roofing Project, Old Wing — 2008. ISSUES: Council must authorize the execution of the contracts in excess of 550,000.00. FUNDING: Funding is available from FAA Grants and Airport Capital Improvement Funds upon appropriation. RECOMMENDATION: Approval of the motions as presented. Fred Segundo — Director of Aviation 361 -289 -0171 ext. 1213 (reds( cctexas.com ADDITIONAL SUPPORT MATERIAL Exhibit A. Background Information Exhibit A -1 Previous Actions Exhibit B. Bid Tabulation Exhibit C. Budget Exhibit D. Location Map Pete Anaya, P.E. Director of Engineering Services 361- 826 -3781 petean a(�cctexas.com Page 1 of 1 H' HOB, IEUS EVINS'. GEN'A IR_r eslored'. 1CO26TermmaIRoobn 72009VcrdCenslrt.lomo doe -107- BACKGROUND INFORMATION SUBJECT: Terminal Re- Roofing Project, Old Wing — 2008 (Project No. 10026) PROJECT DESCRIPTION: The project was bid as a Base Bid and an Additive Bid Alternate No. 1. The Base Bid provides for the repair of section of the old wing of the terminal roof to the limits shown on the plans. Repair consists of removal of the existing SBS (Styrene- Butadiene- Styrene) modified bitumen roofing membrane, removal and replacement of only damaged insulation, and replacement of the roofing membrane with a new membrane of SBS modified roofing material meeting the minimum requirements of Section 1505 of the International Building Code for Class B roof assemblies, and designed for "Inland I" Area according to the Texas Department of Insurance Classification. The design wind speed shall be 120 MPH (3 second gust). Roof repair will also consist of removal and replacement of all affected roof vents and drains. Existing antennae will remain in place. Additive Alternate No. 1 provides for the repair of sections of the old wing of the terminal roof overhang to limits shown on the plans. Repair consists of removal of the existing SBS modified bitumen roofing membrane, removal and replacement of only damaged insulation, and replacement of the roofing membrane with a new membrane of SBS modified roofing material meeting the minimum requirements of Section 1505 of the International Building Code for Class B roof assemblies, and designed for "Inland I" Area according to the Texas Department of Insurance Classification. The design wind speed shall be 120 MPH (3 second gust). The design uplift loads shall meet the limit shown on the plans. Roof repair will also consist of removal and replacement of all flashing. BID STRUCTURE: The project was bid as a base bid with one additive alternate. BID INFORMATION: Bids from five firms were received, and publicly opened on Wednesday, February 25, 2009. Bids were held until funding was received from the FAA which was appropriated July 21, 2009. The total of the base bid and additive- alternate ranged between $170,985.00 and $249,815.00. The consultant's opinion of probable cost was $130,503.00. See Exhibit B. The low qualified bid (base bid and with alternate) was submitted by Haeber Roofing Company of Corpus Christi, Texas. Haeber Roofing has agreed to honor their bid submitted February 25, 2009. FUNDING: Funds are available from FAA Grants and Aviation Capital Reserve CIP funds. The FAA has increased the percentage of their grants to 95% of the project cost which requires a 5% local funding match. The project budget is attached. See Exhibit C. —108— Exhibit A Page 1 of 2 TIME OF COMPLETION: The contract provides for the work to be complete within 120 calendar days of notice to proceed. BOARD /COMMITTEE REVIEW: The Airport Board has reviewed the item and recommends approval. RECOMMENDATION: Aviation, Engineering and the project consultant have reviewed the bids and recommend award of the Base Bid and Additive Alternatesl. FUTURE COUNCIL ACTION: Council will be requested to authorize any change orders as may be required. —109 - H9HOMEUCEVINS \GEN\AIR restored\ 10026TerrninalRoofing20061AwdeonstrBkgExhA .doc Exhibit A Page 2 of 2 PREVIOUS ACTIONS PRIOR COUNCIL ACTIONS: December 16, 2008 — Second Reading Ordinance - Approving the FY 2009 Capital Budget and Capital Improvement Planning Guide in the amount of $161,285,700 (Ordinance No. 028006). July 21, 2009 — Ordinance appropriating $2,010,220 from the Federal Aviation Administration Grant No. 3-48- 0051 - 045 -2009 in the No. 3020 Airport Capital Improvement Fund to construct the Maintenance /Storage Equipment Building, Phase III, Perimeter Service Road, Phase II, rehabilitate Terminal Building, Phase I and Widen Taxiway B -4, Phase I at the Corpus Christi International Airport; and declaring an emergency. PRIOR ADMINISTRATIVE ACTIONS: September 8, 2008 - Administrative award of an architectural /engineering contract to Pierce Goodwin Alexander and Linville, Inc. (PGAL) of Corpus Christi, Texas in the amount of $16,371.00 for the Corpus Christi International Airport Terminal Re- Roofing Project (Old Wing) — 2008 Project. Exhibit A -1 Page 1 of 1 H: \HOME\XEVINS \GEN\AIR_ restored \10026TerminalRoofing2Qg8 dConstrPriorActionsExhA -1.doc Exhibit B Page 1 of 1 ; Inaba Dr. II, T% 7546542007 5544254 \ . ! §, / , ,, n San Antonio, TX 73237 210-430 -1030 • § • ■ °t . sirs Re0Bn9, Inc :11402123417) \ �,\ \ ' \ ' 3 s.000m 5 2 000.00 166.000.00 - S 26400.00 3 19.000.00 192 04.00 1 MASTER t METILL, Inc. . � §� ]![I :: � § SHEET 2300 Per |■ 120 Calendar Days IMNO COMPANY Sony Rd HMI, TX 75415 APIUDI 1 S 145.73000 s 5000.00 $ 150730:00 $ 20,255.00 \ TIME OF COMPLETION: III c `I CCIA TERMINAL REROOFING PROJECT SOLD WINO/ -2000 Michael R. Lawrence, P.E. Thursday February 20, 2009 Wednesday Fsbnisry 25, 209, 2:00 PM awwance Tat nnI0v01 and repuumem m Oamage0 maumwn SUBTOTAL BASE 010 I4�� ,, i ,,,,,,,;1111 Exhibit B Page 1 of 1 Terminal Re- Roofing Project, Old Wing — 2008 (Project No. 100261 Preliminary Project Budget August 18, 2009 FUNDS AVAILABLE: Airport Operating Fund (Bldg. Mtnc.) $ 16,371.00 Aviation CIP FAA Grant Funds $181,957.53 Airport Capital Reserve CIP Fund $ 9,576.72 Total $207,905.25 FUNDS REQUIRED: Construction Contract $170,985.00 Project Contingency (5 %) $ 8,549.25 QA/QC Testing Contract $ -0- Engineering Design $ 16,371.00 Geotechnical investigation $ -0- Construction Inspection (2 %) $ -0- Survey (in A/E contract) $ -0- Engineering Project Liaison $ -0- Incidental Expenses (Printing, Advertising, etc.) $ 12,000.00 TOTAL. $207,905.25 EXHIBIT "C" Page 1 of 1 H:WOME\KEVINS \GENWIR restored\ 10026TerminalRoofing200 +ttConstrBudgetExhC.doc File : \ Mproject \councilexhibits \exh10026.dwg NMECES "cf. F.M. 624 0 .NUECES BAY ( PROJECT LOCATION n /`N 37 AGNES — _ ■ clir�t ulaaN ao. vaxr'k LOCATION MAP NOT TO SCALE Colt!,/. C9fRTS71' RAY 1R -J 0 U O HVvY 44 mumr--,, , CORPUS CHRISTI - c , i :,C INTERNATIONAL \ o\ \\\,N AIRPORT'. j r \' \\ \\.j A \tC \ -\\ \ \ \v \ AGNES RD MIREUR ROAD MCGLOIN ROAD PROJECT # 10026 v / L SITE PLAN NOT TO SCALE PROJECT SITE BE _',IVE EXHIBIT "D" TERMINAL RE- ROOFING PROJECT, OLD WING - 2008_113_ CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 08 -03 -2009 MI, MN 12 AGENDA MEMORANDUM City Council Action Date: August 18, 2009 SUBJECT: Greenwood Drive. Phase 1 from Gollihar to SPID BOND ISSUE 2004 Project No. 6277 / CIP No. ST 16 — AMENDMENT NO. 5 AGENDA ITEM: Motion authorizing the City Manager or his designee to execute Amendment No. 5 to the Contract for Professional Services with HDR Engineering Inc., of Corpus Christi, Texas, in the amount of $269,131.94 for a revised fee not to exceed $961,863.18 for Greenwood Drive, Phase 1 from Gollihar to SPID for additional construction administration and construction observation services. (BOND ISSUE 2004) ISSUE: This project was approved November 2, 2004 in the Bond Issue 2004 Package under Proposition No. 1 Street Improvements. A construction contract was awarded to Salinas Construction Technologies, Inc. of Pleasanton, Texas, in February 2008. Construction phase services (administration and construction observation) for the Greenwood Drive Phase 1 improvements project were approved by the City Council on May 31, 2005 for HDR Engineering, Inc. The project was originally scheduled to be complete on April 13, 2009, but the project contract time has been extended 172 calendar days and the revised contract completion date is now October 2, 2009. This proposed amendment to the contract for professional services with HDR Engineering, Inc. will provide the additional construction administration /construction observation services. FUNDING: Funding is available from the Streets, Storm Water, Water and Wastewater Capital Improvement Budget FY 2009. RECOMMENDAT ON Staff recommends approval of the motion as presented. V. _ ie H. Gray .E. Director of Storm Wa -r & Street Operations Director of Engineering Services 361/826 -1875 or 361/826 -1872 361/826 -3781 valeriegtacctexas.com petean(a)cctexas.com Pete Anaya, P.E. Foster Cr well Director of Wastewater Services 361/826 -1801 fosterc @cctexas.com n Additional Support Material: Exhibit "A" Background Information Exhibit "B" Prior Project Actions Exhibit "C" Location Map f-cFGustavo Gonzalez, P E Director of Water Services 361/826 -1874 qustavodo(acctexas.com -117- AGENDA BACKGROUND INFORMATION SUBJECT: Greenwood Drive, Phase 1 from Gollihar to SPID BOND ISSUE 2004 Project No. 6277 / CIP No. ST 16 — AMENDMENT NO. 5 AMENDMENT NO. 5 DESCRIPTION: The construction contract for Greenwood Drive, Phase 1 from Gollihar to SPID was awarded to Salinas Construction Technologies, Inc. of Pleasanton, Texas, in February 2008. The original contract duration was 364 calendar days and the project was originally scheduled to be complete on April 13, 2009. However, the project contract time has been extended 172 calendar days and the revised contract completion date is now October 2, 2009 (current through Change Order No. 10). Despite this contract extension, the contractor is currently working in Phase 5 of the six - phase project and his schedule shows a project construction completion at the beginning of November 2009. As of June 30, 2009, the contractor has expended 442 calendar days and has invoiced the City for approximately 67% of the project. The consultant, HDR Engineering, Inc., is requesting Amendment No. 5 to their contract for professional services in the amount of $269,131.94. This includes $30,010.91 for construction administrative services and $239,121.03 for construction observation services through September 30, 2009. The above figures break down as follows: Original contract (364 calendar days) for construction - related services: Compensation for additional effort for the original 364- calendar day contract (in proposed Amendment No. 5): Total construction services for original 364- calendar day contract: Construction - related services for time extension of 172 calendar days (in proposed Amendment No. 5): $241,214.36 $129,150.89 $370,365.25 = $1,017.49/day $139,981.05 = $813.84/day Proposed Contract Amendment No. 5 = $129,150.89 + $139,981.05 = $269,131.94 As it is highly likely that construction will continue beyond the end of September 2009, the consultant proposes to provide construction phase services based on time and materials at a monthly rate not to exceed $25,000 for each month the contractor works after September 2009. In July 2009, HDR Engineering, Inc. issued new rate sheets to be used for these construction services provided in July 2009 and beyond. Construction phase services for these additional months beyond September 2009 could be authorized by the City on a monthly basis as needed until project construction is complete. PROJECT BACKGROUND: On Tuesday, November 2, 2004, the City of Corpus Christi H: IHOMERaMelleIGEMStreets16277Greemwo0 DrrveWnO. No. 6V,penda Badraul &r 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. PROJECT DESCRIPTION: Greenwood Drive is a major north -south arterial that provides the west side area of the City with the main access to SPID and other major east -west arterials. In the early -to -mid 1990s, improvements were made to the roadway south of SPID, this project continues improvements northerly from SPID to Gollihar. The improvements will include the complete reconstruction of the existing pavement; removal and replacement of selected curb and gutter and sidewalk, ADA curb ramps, lane striping and pavement markings, water and wastewater improvements, supplemental underground storm water system, traffic signal system improvements, and new street lighting. H:WOMEIRatltelle1GEMStreets \6277 - Greenwood DnveWnd. No. &Agenda Baggtu4tl9o- PRIOR PROJECT ACTIONS SUBJECT: Greenwood Drive, Phase 1 from Gollihar to SPID — AMENDMENT NO. 5 BOND ISSUE 2004 Project No. 6277 / CIP No. ST 16 PRIOR COUNCIL ACTION: 1. November 2, 2004 — Resolution expressing official intent to reimburse costs of the 2004 Bond Capital Improvement Projects. (Resolution No. 026015) 2. November 9, 2004 - Ordinance canvassing returns and declaring the results of the Special Election held on November 2, 2004, in the City of Corpus Christi for the adoption of five bond propositions; adoption of a permanent ad valorem tax freeze on residents homesteads of persons 65 years of age or older or disabled persons and eligible spouses; and adoption of seven amendments to the Charter of the City of Corpus Christi. (Ordinance No. 026022) 3. May 31, 2005 - Ordinance appropriating $298,809 from the unappropriated miscellaneous revenues from Water CIP Fund 4080; and appropriating and approving the transfer of $298,809 from Water CIP Fund 4080 into Street CIP Fund 3530 for the Greenwood Drive, Phase 1 Street Improvement Project; amending capital budget adopted by Ordinance No. 026188 by increasing appropriations by $597,618. (Ordinance No. 026284) 4. May 31, 2005 - Motion authorizing the City Manager or his designee to execute a Contract for Professional Services with Shiner, Moseley & Associates, Inc. in the amount of $534,416 for Greenwood Drive, Phase 1 from Gollihar to SPID. (BOND ISSUE 2004) (Motion No. 2005 -174) 5. January 24, 2006 — Motion authorizing the City Manager, or his designee, to execute Amendment No. 2 to the Contract for Professional Services with HDR Shiner Moseley & Associates, Inc. of Corpus Christi, Texas in the amount of $76,020.84 for a total restated fee of $610,436.84 for Greenwood Drive, Phase 1 from Gollihar to SPID. (BOND ISSUE 2004) (Motion No. 2006 -013) 6. February 26, 2008 — Motion authorizing the City Manager or his designee to execute a construction contract with Salinas Construction Technologies, Inc. of Pleasanton, Texas in the amount of $3,787,013.79 for the Greenwood Drive, Phase 1 from Gollihar to SPID for the Base Bid plus Additive Alternate No. 1. (BOND ISSUE 2004) (Motion No. 2008 -054) 7. April 8, 2008 - Motion authorizing the City Manager or his designee to execute Amendment No. 4 to the Contract for Professional Services with HDR Shiner, Moseley and Associates, Inc. in the amount of $60,000, for a total restated fee of $692,731.24, for construction management and inspection services on Greenwood Drive, Phase 1 from Gollihar to SPID. (BOND ISSUE 2004) (Motion No. M2008 -090) 8. December 16, 2008 - Ordinance approving the FY 2009 Capital Budget and Capital Improvement Planning Guide in the amount of $163,391,300. (Ordinance No. 028006) 9. December 16, 2008 — Motion authorizing the City Manager or his designee to execute Change Order No. 5 to the construction contract with Salinas Construction Technologies, Inc. of Pleasanton, Texas in the amount of $186,166.42 for a total restated fee of $4,068,151.90 for the Greenwood Drive, Phase 1 from Gollihar to SPID —120— H:WOMElRacl,ellMMGEMStreelss 77.Gre Nn slorinr a.Nw' Arlinns rw� for additional improvements to existing sidewalks, ADA ramps, driveways, and curb and gutter. (BOND ISSUE 2004). (Motion No. 2008 -332) PRIOR ADMINISTRATIVE ACTION: 1. August 26, 2004 - Distribution of Request for Qualifications (RFQ) No. 2004 -03 Bond Issue 2004 Projects to 175 engineering firms (70 local and 105 non - local). 2. March 25, 2005 - Addendum No. 1 to the Request for Qualifications (RFQ) No. 2004 -03 Bond Issue 2004 Projects to 175 engineering firms (70 local and 105 non - local). 3. April 13, 2005 - Addendum No. 2 to the Request for Qualifications (RFQ) No. 2004 -03 Bond Issue 2004 Projects to 175 engineering firms (70 local and 105 non - local). 4. December 1, 2005 — Administrative approval of Amendment No. 1 to the Contract for Professional Services with Shiner, Moseley & Associates, Inc. in the amount of $0 for the Greenwood Drive, Phase 1 from Gollihar to SPID. (BOND ISSUE 2004) 5. December 20, 2006 — Administrative approval of Amendment No. 3 to the Contract for Professional Services with HDR Shiner Moseley & Associates, Inc. in the amount of $22,294.40 for a total restated fee of $632,731.24 for Greenwood Drive, Phase 1 from Gollihar to SPID. (BOND ISSUE 2004) 6. July 3, 2008 — Administrative approval of Change Order No. 1 to the construction contract with Salinas Construction Technologies, Inc. of Pleasanton, Texas in the amount of $21,757.11 for a restated fee of $3,808,770.90 for Greenwood Drive, Phase 1 from Gollihar to SPID for electronic message boards, traffic signals, and traffic signs, which were not included in the contract documents and are necessary to avoid construction delays. (BOND ISSUE 2004). 7. September 2, 2008 — Administrative approval of Change Order No. 2 to the construction contract with Salinas Construction Technologies, Inc. of Pleasanton, Texas in the amount of $24,713.41 for a restated fee of $3,833,484.31 for Greenwood Drive, Phase 1 from Gollihar to SPID for exploratory excavation to accurately locate the EFM on Greenwood, one additional commercial water tap required at one business, and the time extension for delays due to unforeseen utilities and site conditions. (BOND ISSUE 2004). 8. September 8, 2008 — Administrative approval of Change Order No. 3 to the construction contract with Salinas Construction Technologies, Inc. of Pleasanton, Texas in the amount of $24,500 for a restated fee of $3,857,984.31 for Greenwood Drive, Phase 1 from Gollihar to SPID for pavement repair quantities that were not included in the contract documents and different site conditions. (BOND ISSUE 2004). 9. October 16, 2008 — Administrative approval of Change Order No. 4 to the construction contract with Salinas Construction Technologies, Inc. of Pleasanton, Texas in the amount of $24,001.17 for a restated fee of $3,881,985.48 for Greenwood Drive, Phase 1 from Gollihar to SPID for design completed in 2006; current site conditions differ from design period and require additional sidewalk, driveway, curb and gutter due to settlement and development along Greenwood Drive. (BOND ISSUE 2004). 10. April 6, 2009 — Administrative approval of Order No. 6 to the construction contract with Salinas Construction Technologies, Inc. of Pleasanton, Texas in the amount of $24,311.71 for a restated fee of $4,092,463.61for Greenwood Drive, Phase 1 from Gollihar to SPID to install temporary poles and signal heads on a span cable at the intersection of Greenwood and SPID. Traffic signal head adjustments were required at the intersection of Greenwood and Trojan as required by the City Traffic Department. Minor patching of asphalt was required due to construction of additional curb, gutter —121— H: WOME\ Rerhelle\OFMStrneNIE277.finenwnM OnvMArM Nn SPrior Prnietl Aelinnn doe and driveways. Additional driveway square footage was necessary because of field adjustments to meet slopes. (BOND ISSUE 2004). 11. April 22, 2009 — Administrative approval of Change Order No. 7 to the construction contract with Salinas Construction Technologies, Inc. of Pleasanton, Texas in the amount of $24,819.20 for a restated fee of $4,117,282.81 for Greenwood Drive, Phase 1 from Gollihar to SPID to repair a City water main break at Seville, which compromised the contractor's excavation and installation of the storm water line. (BOND ISSUE 2004) 12. May 21, 2009— Administrative approval of Change Order No. 8 to the construction contract with Salinas Construction Technologies, Inc. of Pleasanton, Texas in the amount of $24,474.25 for a restated fee of $4,141,757.06 for Greenwood Drive, Phase 1 from Gollihar to SPID for the following: 1) The sewer line was video taped in preparation for the CIPP (Cured in Place Pipe) and areas of the pipe will need repair before the CIPP can be installed. Two point repairs were in the contract and Change Order No. 8 is for one more point repair and 30 additional feet of repairs; 2) To repair the sewer line both ends of the repair need to be excavated so a grade can be set. Consequently the excavation is too large to be done simultaneously. (BOND ISSUE 2004) 13. May 22, 2009 — Administrative approval of Change Order No. 9 to the construction contract with Salinas Construction Technologies, Inc. of Pleasanton, Texas in the amount of $24,984.14 for a restated fee of $4,166,741.20 for Greenwood Drive, Phase 1 from Gollihar to SPID for the following: 1) the sub -grade was not suitable and required adjustments as recommended by Fugro; 2) retaining walls were necessary to keep the soil adjacent to the sidewalk from eroding; 3) resident's wooden fence required partial removal, repair and replacement due to manhole work behind the fence; 4) additional signal heads required by the City; 5) and repairs due to a significant grade change between the existing and new pavement. (BOND ISSUE 2004) 14. June 15, 2009 — Administrative approval of Change Order No. 10 to the construction contract with Salinas Construction Technologies, Inc. of Pleasanton, Texas in the amount of $24,964.16 for a restated fee of $4,191,705.36 for Greenwood Drive, Phase 1 from Gollihar to SPID for the construction of the sidewalk retaining wall to keep the soil adjacent to the sidewalk from eroding. (BOND ISSUE 2004) —122— EXHIBIT "B" Page 3 of 3 File : \Mproject \councilexhibits \exh6277a.dwg Greenwood Drive, Phase 1 from Gollihar to SPID -123- CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 07 -13 -2009 13 AGENDA MEMORANDUM DATE: August 18, 2009 SUBJECT: North Port Avenue from IH 37 to US 181 (Project No. 6264) Bond Issue 2004 CHANGE ORDER NO. 1 AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute Change Order No. 1 to the construction contract with SLC Construction. L. P. of Conroe, Texas in the amount of 8195,060, for a total restated fee of 88,241,388.91, for North Port Avenue from IH 37 to US 181 for the box culvert crossing under North Port Avenue. (BOND ISSUE 2004) ISSUE: The proposed Change Order No.1 is needed to improve the drainage in the Salt Flats Ditch which crosses under North Port Avenue. The existing crossing is comprised of six (6) 6'x5' concrete boxes. The change order replaces the center three boxes with two larger 8'x8' concrete boxes set at a lower depth effectively lowering the drainage flow line and increasing flows in the channel. These improvements were designed undera separate project, Salt Flats Ditch Phases 2 & 3. The improvements are recommended to be included in the North Port project for construction to minimize cost and disruption to transportation by coordinating the work during planned street reconstruction closure periods. The work could not be previously included in the North Port project due to a pending U. S. Army Corps of Engineers (USAGE) permit approval which was not received until March 2009. Although, this is a joint TXDOT /City project with a respective 80/20 cost share and City is responsible for 100 %, of the utilities. FUNDING: Funding is available from the FY 2009 Capital Budget and Capital Improvement Planning Guide. RECOMMENDATION: Staff recommends approval of the Motion as presented. 1\ AI Vatr H. Graff P. E Director of Storm Water & Street Operations 361/826 -1875 or 361 826 -1872 valeriegtcucctexas.com Additional Support Material: Exhibit "A" Background Information Exhibit "B" Prior Project Actions Exhibit "C" Change Order Summary Exhibit D" Location Map —127— Pete Anaya, P.E., Director of Engineering Services 361/826 -3781 petean a(cctexas.com BACKGROUND INFORMATION SUBJECT: North Port Avenue from IH 37 to US 181 (Project No. 6264) Bond Issue 2004 CHANGE ORDER NO. 1 CHANGE ORDER NO. 1: Change Order No. 1 provides for removal of three existing concrete box culverts under North Port and replacement with two new larger concrete box culverts. The work includes all material, labor and equipment to perform the work. The work also includes excavation, backfill, compaction, stabilization, dewatering and traffic controls as needed to construct the culverts and restore the North Port street pavement. PROJECT DESCRIPTION: The North Port Avenue provides the major access to port facilities which is a strategic military port on the south side of the ship channel. This section of North Port Avenue also provides the primary access from IH 37 to the Baseball Stadium and Bayfront Convention Center and Arena Facilities. The improvements will include the complete reconstruction of the 4 -lane roadway with new curb and gutter, sidewalks, and ADA curb ramps. The project also includes underground storm water, water and wastewater improvements, removal of abandoned/ unused driveways, new traffic signal, and new street lighting. The typical new road section will be 5" HMAC with 12" limestone base over geotextile mat and stabilized subgrade. A 10" concrete section with 1" HMAC and stabilized subgrade will be placed in the Port Authority area for heavy loads with frequent stops and turns. The project is being coordinated with the Texas Department of Transportation (TXDOT) and Metropolitan Planning Organization (MPO), Port Authority and local utility franchises. CONTRACT TERMS: The construction contract is increased by $195,060, all other provisions of the contract remain unchanged. PROJECT BACKGROUND: This project is part of the Bond Issue 2004. The engineering and design were completed in 2008 with the award of the construction contract on May 19, 2009. As a separate project, the design and engineering for Salt Flats Ditch Drainage Improvement project, Phase 2, was completed in late 2008 with the construction contract awarded on June 23, 2009. The final phase of the Salt Flats Ditch Drainage Improvement project, Phase 3, is currently under design with construction planned within the next 12 months. 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. —128— EXHIBIT "A" Page 1 of 1 PRIOR PROJECT ACTIONS SUBJECT: North Port Avenue from IH 37 to US 181 (Project No. 6264) Bond Issue 2004 CHANGE ORDER NO. 1 PRIOR COUNCIL ACTION: 1. November 2, 2004 — Resolution expressing official intent to reimburse costs of the 2004 Bond Capital Improvement Projects. (Resolution No. 026015) 2. November 9, 2004 - Ordinance canvassing returns and declaring the results of the Special Election held on November 2, 2004, in the City of Corpus Christi for the adoption of five bond propositions; adoption of a permanent ad valorem tax freeze on residents homesteads of persons 65 years of age or older or disabled persons and eligible spouses; and adoption of seven amendments to the Charter of the City of Corpus Christi. (Ordinance No. 026022) 3. June 13, 2006 — Resolution authorizing the City Manager, or his designee, to execute an Advanced Funding Agreement with the Texas Department of Transportation (TXDOT) in the amount of $153,000 for North Port Avenue from IH 37 to US 181. (Resolution No. 026827) 4. June 13, 2006 — Resolution authorizing the City Manager, or his designee, to submit a loan application to the Texas Military Preparedness Commission for their Texas Military Value Revolving Loan Fund in the amount of $10,507,390 for the reconstruction of Port Avenue from IH 37 to US 181 and the partial relocation of Flour Bluff Drive and land acquisition to allow expansion of runway facilities at Waldron Field. (Resolution No. 026830) 5. June 13, 2006 — Resolution approving the reimbursement statement expressing the City's official intention to reimburse the costs of projects funded through the Texas Military Value Revolving Loan Fund. (Resolution No. 026831) 6. September 12, 2006 - Resolution authorizing the City Manager, or his designee, to execute an Advanced Funding Agreement with the Texas Department of Transportation (TXDOT) in the amount of $330,424 for North Port Avenue from IH 37 to US 181. (Resolution No. 026978) 7. September 19, 2006 — Ordinance approving the FY 2007 Capital Budget in the amount of $146,994,500. (Ordinance No. 026997) H:WOME\VelmaP\GEN\STREE 86264 NORTH PORT AVENUE\CHANGE ORDER 11219 PRIOR PROJECT ACTIONS.doc EXHIBIT "B" Page 1 of 2 8. April 10, 2007 — Motion authorizing the City Manager, or his designee, to execute a Contract For Professional Services with MEI Maverick Engineering, Inc. from Corpus Christi, Texas in the amount of $749,221 for North Port Avenue from IH 37 to US 181. (Motion No. M2007 -095) 9. June 10, 2008 — Motion authorizing the City Manager, or his designee, to execute Amendment No. 1 to the Contract For Professional Services with MEI Maverick Engineering, Inc. from Corpus Christi, Texas in the amount of $1,970,108, for a total restated fee not to exceed $2,719,329, for North Port Avenue from IH 37 to US 181. (Motion No. M2008 -147) 10. October 21, 2008 — Resolution authorizing the City Manager, or his designee, to execute an Advance Funding Agreement with the Texas Department of Transportation (TXDOT) in the amount of $1,683,570 for North Port Avenue from IH 37 to US 181 for construction work. (Resolution No. 027909) 11. May 19, 2009 — Ordinance appropriating $4,262,577 of anticipated revenues from the Texas Department of Transportation in the No. 3530 Streets Capital Improvement Project (CIP) Fund and $2,151,023 of anticipated revenues from the Texas Department of Transportation in the No. 3480 Storm Water CI P Fund for the North Port Avenue Project; amending FY 2008 -2009 Capital Improvement Budget adopted by Ordinance No. 028006 to increase appropriations by $6,413,000. (Ordinance No. 028177) 12. May 19, 2009 — Motion authorizing the City Manager, or his designee, to execute a construction contract with SLC Construction, L. P. of Conroe, Texas in the amount of $8,046,328.91 for North Port Avenue from IH 37 to US 181. (Motion No. M2009- 131) PRIOR ADMINISTRATIVE ACTION: 1. August 26, 2004 - Distribution of Request for Qualifications (RFQ) No. 2004 -03 Bond Issue 2004 Projects to 175 engineering firms (70 local and 105 non - local). 2. March 25, 2005 - Addendum No. 1 to the Request for Qualifications (RFQ) No. 2004- 03 Bond Issue 2004 Projects to 175 engineering firms (70 local and 105 non - local). 3. April 13, 2005 - Addendum No. 2 to the Request for Qualifications (RFQ) No. 2004 -03 Bond Issue 2004 Projects to 175 engineering firms (70 local and 105 non - local). HAHOME\VeImaPIGEMSTREEN6264 NORTH PORT AVENUE\CHANGE ORDER 1304-PRIOR PROJECT ACTIONS.doc EXHIBIT "B" Page 2 of 2 DEPARTMENT OF ENGINEERING SERVICES CHANGE ORDER SUMMARY SHEET August 18, 2009 PROJECT: North Port Avenue from IH 37 to US 181 Project No. 6264 / CIP No. SW 24 BOND ISSUE 2004 APPROVED: City Council Motion No. 2009 -131 on May 19, 2009 CONTRACTOR: SLC Construction, L. P. P. O. Box 639 Conroe, TX 77305 TOTAL CONTRACT AMOUNT $8,046,328.91 25% Limit Amount $2,011,582.23 Change Order No. 1 (August 18, 2009) $195,060.00 TOTAL All Change Orders $195,060.00 2.42% < 25% EXHIBIT "C" Page 1 of 1 HAHOME\VeImaP\GEMSTREET16264 NORTH PORT AVENUE\CHANGE ORDGRIIL3 45.GGENDA CHANGE ORDER SUMMARY.doc File : \ Mproject \councilexhibits \exh6264b.dwg San Patricio County LOCATION MAP NOT TO SCALE PROJECT EXTENTS .Old �/ Ayers o\ • 441 YU, • y.' : s _ �a� /rte / :• ■1 sM41. ■I//jjjS (aj illran . • ■ • 1 ' .■■viMS• i ** it VICINITY MAP NOT 70 SCALE PROJECT #6264 EXHIBIT "D' NORTH PORT AVENUE -FROM IH -37 TO US HWY 181 (BOND ISSUE 2004) 32_ CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 7 -31 -2009 - - O M, _ 14 AGENDA MEMORANDUM City Council Action Date: August 18, 2009 SUBJECT: Flour Bluff Drive (BOND ISSUE 2008) Phase 1 from S.P.I.D. to Graham Road – AMENDMENT NO, 1 Project No. 6498 / CIP No. Bond Issue ST 24 AGENDA ITEM: Motion authorizing the City Manager or his designee to execute Amendment No. 1 to the Contract for Professional Services with Urban Engineering of Corpus Christi, Texas, in the amount of $82,500 for a total restated fee of $1,339,000 for design of the revised offsite drainage improvements for Flour Bluff Drive, Phase 1 from South Padre Island Drive to Graham Road. (Bond Issue 2008) ISSUE: The design contract for the two phases of Flour Bluff Drive —which consists of improvements to that street from South Padre Island Drive to Don Patricio Road —was approved by the City Council on April 28, 2009 as part of the Bond Issue 2008 package. The initial contract for professional services with Urban Engineering included $78,000 for an offsite drainage facility in Phase 1 only (SPID to Graham Road). In the proposed Amendment No. 1, Urban Engineering has revised the offsite drainage improvements construction estimate and added additional drainage areas to address drainage issues along Compton and Graham Roads. These improvements will help alleviate flooding problems in the affected areas. FUNDING: Funding is available from the Storm Water Capital Improvement Budget FY 2009. RECOMMENDATION: Staff recommends approval of the motion as presented. Valk I-I. Gray, P.E. Dire .r of Storm a -r & Street Operations 361/826 -1875 or 361/:26 -1872 valerieq(a)cctexas.com Additional Support Material: Exhibit "A" Background Information Exhibit "B" Prior Project Actions Exhibit "C" Location Map Pete Anaya, P.E. Director of Engineering Services 361/826 -3781 petean(a7cctexas.com N\ N@ 4EWa: CeLIV WEN1Strects'd4?383433-FIour /MN 1):rcnVavy No f for 649 %ArenCa slum° -uu –135– AGENDA BACKGROUND INFORMATION SUBJECT: Flour Bluff Drive (BOND ISSUE 2008) Phase 1 from S.P.I.D. to Graham Road — AMENDMENT NO. 1 Project No. 6498 / CIP No. Bond Issue ST 24 AMENDMENT NO. 1 DESCRIPTION: Phase 1 of the Flour Bluff Drive street improvements project also includes the creation of a new offsite drainage outfall. The consultant, Urban Engineering, is requesting the proposed Amendment No. 1 to their engineering services contract to incorporate additional design services associated with the revised offsite drainage improvements construction estimate and the additional drainage areas along Compton and Graham roads. The offsite storm sewer design assumes a 25 -year storm event and utilizes new design standards as proposed in the draft master drainage design criteria manual. Design elements are preliminary at this stage; however, they are representative of what will be required. Urban Engineering has begun negotiations with the landowner for right -of -way acquisition to incorporate the box culvert primary outfall. These negotiations have included the proposed Wal -Mart site and associated drainage facilities in order to coordinate and provide for present and future needs in the area. PRELIMINARY COST ESTIMATE FOR OFFSITE DRAINAGE IMPROVEMENTS: ITEM DESCRIPTION QUAN. UNIT UNIT PRICE TOTAL COST A. COMPTON ROAD DRAINAGE IMPROVEMENTS: 1 60" RCP 600 LF $175.00 $105,000.00 2 48" RCP 766 LF $90.00 $68,940.00 3 24" RCP 422 LF $42.00 $17,724.00 4 18" RCP 30 LF $32.00 $960.00 5 OSHA Trench Protection 1,818 LF $2.00 $3,636.00 6 Post Inlet 2 EA $2,500.00 $5,000.00 7 Outfall/Intake to Existing Ditch 1 EA $10,000.00 $10,000.00 8 Pavement Repair 2,424 SY $18.00 $43,632.00 9 Regrade Existing Borrow Swales 3,636 CY $4.50 $16,362.00 10 Re -sod Swales 18,180 SF $1.50 $27,270.00 11 Adjust Existing Utilities As Requred 1 LS $15,000.00 $15,000.00 COMPTON ROAD ESTIMATED CONSTRUCTION COSTS: $313,524.00 B. GRAHAM ROAD DRAINAGE IMPROVEMENTS: 1 48" RCP 475 LF $90.00 $42,750.00 2 24" RCP 30 LF $42.00 $1260.00 3 OSHA Trench Protection 505 LF $2.00 $1,010.00 4 Post Inlet 2 EA $2,500.00 $5,000.00 5 Pavement Repair 623 SY $18.00 $11,214.00 6 Regrade Existing Borrow Swales 1,010 CY $4.50 $4,545.00 7 Re -sod Swales 5,050 SF $1.50 $7,575.00 8 Adjust Existing Utilities As Required 1 LS $5,000.00 $5,000.00 GRAHAM ROAD ESTIMATED CONSTRUCTION COSTS: $78,354.00 H:WOME\RachallelGENISIreets $49686499 -Flour Bluff DriveWnd. No. 1 for 6499 69ackgraund.aac EXHIBIT "A" Page 1 of 3 C. OFF -SITE DRAINAGE FROM FLOUR BLUFF DRIVE TO OSO BAY: ORIGINAL CONTRACT AMD. NO. 1 (Phase 1) 1 6x5 Reinforced Concrete Box 1,700 LF $425.00 $722,500.00 2 5x5 Reinforced Concrete Box 1,400 LF $390.00 $546,000.00 3 OSHA Trench Protection 1,400 LF $2.00 $2,800.00 4 Dewatering 3,100 LF $20.00 $62,000.00 5 Outfall Structure Including Energy Dissipation Structures 1 LS $25,000.00 $25,000.00 6 Adjust Existing Utilities as Required 1 LS $25,000.00 $25,000.00 32,500.00 1 Pemit Preparation (Authorized) 32,500.00 • 0.00 2 ROW Acquisition Survey OFF -SITE DRAINAGE FROM FLOUR BLUFF DRIVE TO OSO BAY CONSTRUCTION COSTS: $1,383,300.00 18,000.00 3 Topographic Survey (Authorized) 25,000.00 5,000.00 30,000.00 D. MISCELLANEOUS IMPROVEMENTS: Environmental Issues 3,000.00 0.00 3,000.00 1 SWPPP 1 LS $9,000.00 $9,000.00 2 Hydromulch Seed and Fertilize 3.5 AC $3,000.00 $10,500.00 3 Ditch Excavation Haul -off 6,000 CY $6.00 $36,000.00 4 Clear and Grub Drainage Right of Way 3.5 AC $1,000.00 $3,500.00 5 Traffic Control 1 LS $10,000.00 $10,000.00 MISCELLANEOUS SUB - TOTAL: $69,000.00 $641,500.00 $82,500.00, $724,000.00 TOTAL CONSTRUCTION COSTS ALL SECTIONS: $1,844,178.00 CONTINGENCY @ 10 %: $184,417.80 ENGINEERING FEE @ 8 %: $147,534.24 1 GRAND TOTAL: $2,176,130.04 SUMMARY OF FEES: Phase 1 from SPID to Graham Road (6498 H:IHOMEWachelle %GEN1Stroots16498 8 6499 -Flour Bluff OriveNnM. No. 1 for 64964801 iackgroune.0oc EXHIBIT "A" Page 2 of 3 ORIGINAL CONTRACT AMD. NO. 1 (Phase 1) - TOTAL (Phase 1) BASIC SERVICES 1 Preliminary Phase $101,400.00 $0.00 $101,400.00 2 Design Phase 169,000.00 0.00 169,000.00 3 Bid Phase 16,900.00 0.00 16,900.00 4 Construction Phase 50,700.00 0.00 50,700.00 Subtotal Basic Services 338,000.00 0.00 338,000.00 ADDITIONAL SERVICES 32,500.00 1 Pemit Preparation (Authorized) 32,500.00 • 0.00 2 ROW Acquisition Survey 15,000.00 3,000.00 18,000.00 3 Topographic Survey (Authorized) 25,000.00 5,000.00 30,000.00 4 Environmental Issues 3,000.00 0.00 3,000.00 5 Construction Observation (8 mos.) 125,000.00 0.00 125,000.00 6 Warranty Phase 2,000.00 0.00 2,000.00 7 Public Meeting (Authorized) 3,000.00 0.00 3,000.00 8 Subsurface Utility Engineering Report (Authorized) 20,000.00 5,000.00 25,000.00 9 Offsite Drainage Facility 78,000.00 69,500.00 147,500.00 Subtotal Additional Services 303,500.00 82,500.00 386,000.00 TOTAL AUTHORIZED FEE $641,500.00 $82,500.00, $724,000.00 H:IHOMEWachelle %GEN1Stroots16498 8 6499 -Flour Bluff OriveNnM. No. 1 for 64964801 iackgroune.0oc EXHIBIT "A" Page 2 of 3 Combined Total PROJECT BACKGROUND: On Tuesday, November 4, 2008, 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 2008. The November 4, 2008 election was held jointly with Nueces County and coincided with the Presidential Election. The Bond Issue 2008 package includes $153 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. H :IHOME92achelle \GEMBtreels184 98 8 8499 -Flour Bluff Drivewnd, No. 1 for 64Q149816 Yackground.doc EXHIBIT "A" Page 3 of 3 ORIGINAL CONTRACT AMD. NO. 1 (Phase 1) TOTAL (Ph. 1 8 2) BASIC SERVICES 1 Preliminary Phase $225,900.00 $0.00 $225,900.00 2 Design Phase 376,500.00 0.00 376,500.00 3 Bid Phase 37,650.00 0.00 37,650.00 4 Construction Phase 112,950.00 0.00 112,950.00 Subtotal Basic Services 753,000.00 0.00 753,000.00 ADDITIONAL SERVICES 1 Pemit Preparation (Authorized) 59,500.00 0.00 59,500.00 2 ROW Acquisition Survey 15,000.00 3,000.00 18,000.00 3 Topographic Survey (Authorized) 45,000.00 5,000.00 50,000.00 4 Environmental lssues 6,000.00 0.00 6,000.00 5 Construction Observation (8 mos.) 250,000.00 0.00 250,000.00 6 Warranty Phase 4,000.00 0.00 4,000.00 7 Public Meeting (Authorized) 6,000.00 0.00 6,000.00 8 Subsurface Utility Engineering Report (Authorized) 40,000.00 5,000.00 45,000.00 9 Offsite Drainage Facility 78,000.00 69,500.00 147,500.00 Subtotal Additional Services 503,500.00 82,500.00 586,000.00 TOTAL AUTHORIZED FEE $1,256,500.00 $82,500.00 $1,339,000.00 PROJECT BACKGROUND: On Tuesday, November 4, 2008, 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 2008. The November 4, 2008 election was held jointly with Nueces County and coincided with the Presidential Election. The Bond Issue 2008 package includes $153 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. H :IHOME92achelle \GEMBtreels184 98 8 8499 -Flour Bluff Drivewnd, No. 1 for 64Q149816 Yackground.doc EXHIBIT "A" Page 3 of 3 PRIOR PROJECT ACTIONS SUBJECT: Flour Bluff Drive (BOND ISSUE 2008) Phase 1 from S.P.I.D. to Graham Road Project No. 6498 / CIP No. Bond Issue ST 24 PRIOR COUNCIL ACTION: 1. November 13, 2008 — Ordinance canvassing returns and declaring results of the Special Election held on November 4, 2008 in the City of Corpus Christi for the adoption of seven bond propositions and approval of a proposition to restrict vehicular access to and on the portion of the Gulf of Mexico Beach seaward of the concrete portion of the Padre Island Seawall. (Ordinance No. 027939) 2. November 18, 2008 - Resolution expressing official intent to reimburse costs of the 2008 Bond Capital Improvements Projects in an amount not to exceed $152,645,000 for improvements to Streets, Fire Department Facilities, Police Department Facilities, Libraries, Museums, Parks and Recreation Facilities, and Bayfront Development. (Resolution No. 027950) 3. December 16, 2008 - Ordinance approving the FY 2009 Capital Budget and Capital Improvement Planning Guide in the amount of $163,391,300. (Ordinance No. 028006) 4. April 28, 2009 - Motion authorizing the City Manager or his designee to execute a Contract for Professional Services with Urban Engineering of Corpus Christi, Texas, in the amount of $1,256,500 for design, bid and construction phase services for Flour Bluff Drive (Bond Issue 2008): (Motion No. 2009 -117) > Flour Bluff Drive, Phase 1 from South Padre Island Drive to Graham Road D. Flour Bluff Drive, Phase 2 from Graham Road to Don Patricio PRIOR ADMINISTRATIVE ACTION: 1. September 19, 2008 - Distribution of Request for Qualifications (RFQ) No. 2008 -05 Bond Issue 2008 and Other Projects to 206 engineering firms (86 local and 120 non - local). 2. October 14, 2008 — Addendum No. 1 to the Request for Qualifications (RFQ) No. 2008- 05 Bond Issue 2008 and Other Projects to 206 engineering firms (86 local and 120 non - local). 3. October 20, 2008 — Addendum No. 2 to the Request for Qualifications (RFQ) No. 2008- 05 Bond Issue 2008 and Other Projects to 206 engineering firms (86 local and 120 non - local). —139— H:W OME1RechellelGEMStreels16498 8 8499 -Flour Bluff OriveVend. No. 1 for 649B1Prior Proiect Actions.doc EXHIBIT "B" Page 1 of 1 \ Mproject \councilexhibits \exh6498b. dwg ,1 PROJECT LOCATION Flour Bluff Drive Phase 1 — SPID to Graham Amendment (No. 1) Offsite Drainage PROJECT LOCATION Flour Bluff Drive Phase 2 — Groham to Don Patricia Flour Bluff Drive, Phase 1- South Padre Island Drive to Graham Phase 2 - Graham to Don Patricio -140- CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 8/3/2009 15 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: August 18, 2009 SUBJECT: Temporary Parking Lease Agreement Vehicle Impound Facility, Phase 1 — Project No. 5249 (Bond 2008) AGENDA ITEM: Ordinance authorizing the City Manager or his designee to execute a three (3) year Temporary Parking Lease Agreement of 1.10 acres of vacant land from St. John Baptist Church at the rate of $350 per use, plus $70 for mowing if needed, for use as accessory parking needed for the periodic auctions of the new Vehicle Impound Lot located at Greenwood Drive, and declaring an emergency. ISSUE: The auction activities planned for the first phase of the new Police Department Vehicle Impound Lot will require additional parking for purchaser's vehicles and trailers. Approximately 1.10 acres of vacant land is presently available on an adjacent vacant property owned by St. John's Baptist Church. A Temporary Parking Lease Agreement has been negotiated between the City and the Church for use of this land on an "as needed" basis for a term of three years. Leases of one year or more require approval by City Council. FUNDING: Funding is available from CCPD Operating Funds. RECOMMENDATION: Staff recommends approval of the ordinance as presented. Pete Anaya Director of Engineering 826 -3781 petean(&cctexas.com MichaetWalsh Interim Police Chief, CCPD 886 -2604 mike @cctexas.com Additional Support Material: Exhibit A Background Information Exhibit B Location Map Exhibit C Temporary Parking Lease Agreement H:WOME\EUSEBIOG \GENWgenda Items\Police Impound Lot Parking Iease\Agenda Memorandum.doc —143— BACKGROUND INFORMATION SUBJECT: Temporary Parking Lease Agreement Vehicle Impound Facility, Phase 1 — Project No. 5249 (Bond 2008) BACKGROUND: Voter's in Bond Issue 2008 approved $2,700,000 dollars to construct a new Vehicle Impound lot on City property located off of Greenwood Drive, south of South Padre Island Drive. Phase 1 of the project will include the construction of approximately 6.9 -acres of all - weather surface for parking of impounded vehicles. This area will be constructed on the south one -third of the City's available land. Phase 1A will include a 3- acre all- weather surface for conducting the auctions. The fully completed facility, designed for parking over 500 vehicles, will include an attendant & cashier building, lighting, fencing, security improvements and various utility infrastructures. Additional off -site parking for the auction patrons will be necessary after the initial phase of the project is constructed and operational. There is currently an open field owned by St. John Baptist Church located east of and adjacent to the impound lot as shown on the attached Exhibit B. City staff has negotiated a Temporary Parking Lease Agreement with the church for a term of three years. The City will pay a fee of $350 per use of the lot in addition to a mowing fee of $70 when mowing is needed. Use is restricted to the auction patrons and their vehicles. At the end of three years, parking will be available on site with construction of the future phases or as funding becomes available. The project is currently under design by Freese & Nichols, Inc. Bidding of the project is estimated to take place at the end of September 2009 with construction to begin in the fall /winter of 2009 with completion around January 2010.. PRIOR COUNCIL ACTION: 1. November 13, 2008 — Ordinance canvassing returns and declaring results of the Special Election held on November 4, 2008 in the City of Corpus Christi for the adoption of seven bond propositions and approval of a proposition to restrict vehicular access to and on the portion of the Gulf of Mexico Beach seaward of the concrete portion of the Padre Island Seawall. (Ordinance No. 027939) 2. November 18, 2008 - Resolution expressing official intent to reimburse costs of the 2008 Bond Capital Improvements Projects in an amount not to exceed $152,645,000 for improvements to Streets, Fire Department Facilities, Police Department Facilities, Libraries, Museums, Parks and Recreation Facilities, and Bayfront Development. (Resolution No. 027950) 3. December 16, 2008 - Ordinance approving the FY 2009 Capital Budget and Capital Improvement Planning Guide in the amount of $163,391,300. (Ordinance No. 028006) 4. May 26, 2009 - Motion authorizing the City Manager, or his designee, to execute an engineering services contract with Freese and Nichols, Inc., of Corpus Christi, Texas in an amount of $280,211.00, for the new Vehicle Impound Facility, Phase 1 for design, bid, construction, and additional phase services (Bond 2008). (Motion No. M2009 -144) FUTURE COUNCIL ACTION: Approval of various construction contracts and change orders to complete the project as required. —144— EXHIBIT A File : \ Mprobet\ eouncilexhibits \exh5249parce12.dwg VEHICLE IMPOUND FACILITY TEMPORARY PARKING LIME CRY COUNCIL E)o T CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DEPARTMENT OF ENGINEERING SERVICES Property and Land Acquisition Division (St. John Baptist Church) TEMPORARY PARKING LEASE AGREEMENT This Lease Agreement is entered into this »4' day ofd , 2009, by and between, the St. John Baptist Church, hereinafter referre to as the Lessor, and, the CITY OF CORPUS CHRISTI, (the "City"), a Texas home rule municipal corporation, by and through its Corpus Christi Police Department (the "Police Department") hereinafter referred to as the Lessee. WHEREAS, generally every other month Lessee holds certain Impounded Vehicle Auctions in which certain vehicles are offered for sale at public auction at the City's Vehicle Impound Facility, located off of Greenwood Road, near the intersection of Greenwood Rd. and Holly Rd., in Corpus Christi, Texas; and WHEREAS, adjacent to the City's Vehicle Impound Facility is a vacant lot owned by Lessor, next to its main building facility, the St. John Baptist Church, located at 5445 Greenwood Road, Corpus Christi, Texas; and WHEREAS, Lessee desires to rent from Lessor more parking spaces to provide persons bidding on and/or buying vehicles to use during its Impounded Vehicle Auctions; and WHEREAS, Lessor desires to rent to Lessee part of its vacant lot for use as a parking lot on the first Saturday of every other month in connection with the Lessee's Impounded Vehicle Auctions; and WITNESSETH: Witnesseth that in consideration of the rental below specified and of the covenants hereinafter stipulated, the Lessor agrees to lease to the Lessee the following: A 1.10 acre ( + / -) portion of Lessor's property further described as an unimproved field bounded by the City of Corpus Christi's 25.06 acres along the west boundary, Hale Pit Road along the south boundary, and the improved portion of the St. John Baptist Church along the east boundary, and Lessor's 4.55 acres along the north boundary, in Corpus Christi, Nueces County, Texas, legally described as: Cedar Grove, Lot BA, Blk 1 as shown on "Exhibit A" attached hereto and made a part hereof for all purposes. ( "Premises "). TERM: The term of this Lease is three (3) years, commencing on the 1st day of July, 2009 and ending the 31st day of July, 2012. Upon expiration of the three year lease, the Lease shall be renewable on a year to year basis. —146— EXHIBIT C RENT: Rent is on a "per use" basis, due each month in which Lessee holds a Vehicle Auction and uses the Premises. The Premises will be used for one full day, every other month. The rent of $350 "per use" will be due, without demand or notice, on the fifteenth (15`h) day of the month in which a Vehicle Auction is held. Lessee's first Vehicle Auction to be held under the Term of this Lease is scheduled for the second weekend of July, 2009. USE: The Premises shall be used as a parking lot to accommodate auction buyer's parking on the first Saturday of every other month in connection with the Lessee's Impounded Vehicle Auctions and for no other purpose except with the prior written consent of the Lessor. If the first Saturday of the month falls on a holiday, then the auction will be postponed until the following Saturday. Lessee agrees place temporary barricades in order to prevent parking beyond the 1.10 acres shown in "Exhibit A" (Leased Property) on the day of each auction. Lessee agrees to prevent parking on Lessor's existing paved parking lot. Lessee agrees that no vehicles will be permitted to stay overnight on the Leased Property. Lessee agrees that 18- Wheelers and heavy equipment will not be permitted to park on the Leased Property ASSIGNMENT: The Lessee may not assign this Lease or sublet any portion of the said Premises without the written consent of the Lessor. MOWING AND GROUNDS MAINTENANCE: The Lessor agrees to mow the Premises on an every other month basis to coordinate with Lessee's auction. Lessor shall schedule mowing of the Premises 2 to 10 days prior to the auctions if the grass requires mowing. Lessee will include the amount of $70 to be added to each Rent payment for Lessee's pro -rata share of mowing. ALTERATIONS: The Lessee shall not make any alterations, additions, or structural changes to the Premises without the prior written consent and approval of the Lessor. Said alterations, additions, and structural changes, if approved, shall remain a part of the Premises at the conclusion of the term of this Lease. —147— Page 2 of 4 INSURANCE: The City of Corpus Christi is a self insured public entity as allowed by the State of Texas for General Liability, Auto Liability, and Workers' Compensation as shown on the attached Exhibit "B ". All personal property placed on the Premises shall be at the sole risk of the Lessee, and Lessor shall not be liable for any damages to said personal property. DEFAULT REMEDIES: The Lessee hereby agrees that if a default shall be made in the payment of rent or if the Lessee shall violate any of the covenants of this Lease, then this Lease may be forfeited at Lessor's discretion if such default continues for a period of thirty (30) days after Lessor notifies said Lessee in writing at: Corpus Christi Police Department, Maintenance and Operations Manager, 321 John Sartain, Corpus Christi, Texas 78401 of such default and Lessor's intention to declare the Lease forfeited. Thereupon, unless the Lessee has completely removed or cured such default, this Lease shall cease and Lessor shall be entitled to immediately re -enter and retake possession of the Premises. TERMINATION: The Lessor and Lessee may terminate this Lease Agreement by giving a six (6) month written notice to the other party. The Lessee agrees to deliver up said Premises upon the expiration date of said term or upon the expiration of the Lease, in good condition, as exists at the commencement of this Lease. AUTHORIZATION: It is understood that this Lease is not binding on the Lessee until properly authorized by the City Council and executed by the City Manager, or designee of the City of Corpus Christi, Texas. RELEASE AND HOLD HARMLESS: The City of Corpus Christi, its officers, employees, and representatives, hereby covenants and agrees to hold the St. John Baptist Church, its officers, employees and representatives harmless from any and all damage to property or persons, including, without limiting the foregoing, worker's compensation and death claims, arising from or alleged to have arisen from City's negligent performance of this Agreement. THIS LEASE IS EXECUTED IN TRIPLICATE, EACH OF WHICH CONSTITUTES AN ORIGINAL Executed this day of , 2009. —148 - Dano l of A LESSOR St. John Baptist Church Print: ci'ddebt W', So, Title: Pi 7e t oY b7" /1<:-lSTdeS LESSEE CITY OF CORPUS CHRISTI, TEXAS 'Angel R. Escobar, P.E. City Manager ATTEST: ARMANDO CHAPA, CITY SECRETARY APPROVED AS TO LEGAL FORM, THIS (kit DAY OF By: FOR THE CITY ATTORNEY Veronica Ocanas, Assistant City Attorney CITY LEGAL DEPARTMENT Page 94 of 4 , 2009. ORDINANCE AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A THREE (3) YEAR TEMPORARY PARKING LEASE AGREEMENT OF 1.10 ACRES OF VACANT LAND FROM ST. JOHN BAPTIST CHURCH AT THE RATE OF $350 PER USE, PLUS $70 FOR MOWING IF NEEDED, FOR USE AS ACCESSORY PARKING NEEDED FOR THE PERIODIC AUCTIONS OF THE NEW VEHICLE IMPOUND LOT LOCATED AT GREENWOOD DRIVE; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to execute a temporary parking lease agreement to lease 1.10 acres of vacant land from St. John Baptist Church at the rate of $350 per use, plus $70 for mowing if needed, for accessory parking needed for periodic auctions held at the City's Vehicle Impound Facility located at Greenwood Drive near Holly Road, in Corpus Christi, Texas. SECTION 2. 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 shall take effect upon first reading as an emergency this the 18th of August, 2009. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROIED AS TO FOR By: 1LA' Veronica Ocanas Assistant City Attorney for City Attorney 081809 ORD 3 yr temp parking lease - St. John Baptist Church 50— Joe Adame Mayor Corpus Christi, Texas day of 2009 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, Joe Adame Mayor Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott 081809 ORD 3 yr temp parking lease • St. John Baptist Chu ll 51_ DEPARTMENT OF ENGINEERING SERVICES Property and Land Acquisition Division (St. John Baptist Church) TEMPORARY PARKING LEASE .AGREEMENT This Lease Agreement is entered into this -4 day of , 2009, by and between, the St. John Baptist Church, hereinafter referre to as the Lessor, and, the CITY OF CORPUS CHRISTI, (the '"City "), a Texas home rule municipal corporation, by and through its Corpus Christi Police Department (the "Police Department ") hereinafter referred to as the Lessee. WHEREAS, generally every other month Lessee holds certain Impounded Vehicle Auctions in which certain vehicles are offered for sale at public auction at the City's Vehicle Impound Facility, located off of Greenwood Road, near the intersection of Greenwood Rd. and Holly Rd., in Corpus Christi, Texas; and WHEREAS, adjacent to the City's Vehicle Impound Facility is a vacant lot owned by Lessor, next to its main building facility, the St. John Baptist Church, located at 5445 Greenwood Road, Corpus Christi, Texas; and WHEREAS, Lessee desires to rent from Lessor more parking spaces to provide persons bidding on and/or buying vehicles to use during its Impounded Vehicle Auctions; and WHEREAS, Lessor desires to rent to Lessee part of its vacant lot for use as a parking lot on the first Saturday of every other month in connection with the Lessee's Impounded Vehicle Auctions; and WITNESSETH: Witnesseth that in consideration of the rental below specified and of the covenants hereinafter stipulated, the Lessor agrees to lease to the Lessee the following: A 1.10 acre ( + / -) portion of Lessor's property further described as an unimproved field bounded by the City of Corpus Christi's 25.06 acres along the west boundary, Hale Pit Road along the south boundary, and the improved portion of the St. John Baptist Church along the east boundary, and Lessor's 4.55 acres along the north boundary, in Corpus Christi, Nueces County, Texas, legally described as: Cedar Grove, Lot 8A, Blk 1 as shown on "Exhibit A" attached hereto and made a part hereof for all purposes. ( "Premises "). TERM: The term of this Lease is three (3) years, commencing on the 1st day of July, 2009 and ending the 31st day of July, 2012. Upon expiration of the three year lease, the Lease shall be renewable on a year to year basis. Page 1 of 4 H:IHOME\NorrnaRNROJECTMiac. Instsunte132Thsmp Parking Lease St John Baptist Chmch.doc RENT: Rent is on a "per use" basis, due each month in which Lessee holds a Vehicle Auction and uses the Premises. The Premises will be used for one full day, every other month. The rent of $350 "per use" will be due, without demand or notice, on the fifteenth (15th) day of the month in which a Vehicle Auction is held. Lessee's first Vehicle Auction to be held under the Term of this Lease is scheduled for the second weekend of July, 2009. USE: The Premises shall be used as a parking lot to accommodate auction buyer's parking on the first Saturday of every other month in connection with the Lessee's Impounded Vehicle Auctions and for no other purpose except with the prior written consent of the Lessor. If the first Saturday of the month falls on a holiday, then the auction will be postponed until the following Saturday. Lessee agrees place temporary barricades in order to prevent parking beyond the 1.10 acres shown in "Exhibit A" (Leased Property) on the day of each auction. Lessee agrees to prevent parking on Lessor's existing paved parking lot. Lessee agrees that no vehicles will be permitted to stay overnight on the Leased Property. Lessee agrees that 18- Wheelers and heavy equipment will not be permitted to park on the Leased Property ASSIGNMENT: The Lessee may not assign this Lease or sublet any portion of the said Premises without the written consent of the Lessor. MOWING AND GROUNDS MAINTENANCE: The Lessor agrees to mow the Premises on an every other month basis to coordinate with Lessee's auction. Lessor shall schedule mowing of the Premises 2 to 10 days prior to the auctions if the grass requires mowing. Lessee will include the amount of $70 to be added to each Rent payment for Lessee's pro -rata share of mowing. ALTERATIONS: The Lessee shall not make any alterations, additions, or structural changes to the Premises without the prior written consent and approval of the Lessor. Said alterations, additions, and structural changes, if approved; shall remain a part of the Premises at the conclusion of the term of this Lease. Page 2 of 4 H:UIOMEWomreR\PROJECT\Misc. Imo-unrest, mp Parking Lease St John Baptist Church.doc INSURANCE: The City of Corpus Christi is a self insured public entity as allowed by the State of Texas for General Liability, Auto Liability, and Workers' Compensation as shown on the attached Exhibit "B ". All personal property placed on the Premises shall be at the sole risk of the Lessee, and Lessor shall not be liable for any damages to said personal property. DEFAULT REMEDIES: The Lessee hereby agrees that if a default shall be made in the payment of rent or if the Lessee shall violate any of the covenants of this Lease, then this Lease may be forfeited at Lessor's discretion if such default continues for a period of thirty (30) days after Lessor notifies said Lessee in writing at: Corpus Christi Police Department, Maintenance and Operations Manager. 321 John Sartain, Corpus Christi, Texas 78401 of such default and Lessor's intention to declare the Lease forfeited. Thereupon, unless the Lessee has completely removed or cured such default, this Lease shall cease and Lessor shall be entitled to immediately re -enter and retake possession of the Premises. TERMINATION: The Lessor and Lessee may terminate this Lease Agreement by giving a six (6) month written notice to the other party. The Lessee agrees to deliver up said Premises upon the expiration date of said term or upon the expiration of the Lease, in good condition, as exists at the commencement of this Lease. AUTHORIZATION: It is understood that this Lease is not binding on the Lessee until properly authorized by the City Council and executed by the City Manager, or designee of the City of Corpus Christi, Texas. RELEASE AND HOLD HARMLESS: The City of Corpus Christi, Its officers, employees, and representatives, hereby covenants and agrees to hold the St. John Baptist Church, its officers, employees and representatives harmless from any and all damage to property or persons, including, without limiting the foregoing, worker's compensation and death claims, arising from or alleged to have arisen from City's negligent performance of this Agreement. THIS LEASE IS EXECUTED IN TRIPLICATE, EACH OF WHICH CONSTITUTES AN ORIGINAL Executed this day of , 2009. Page 3 of 4 H:VJOMBWormaRIPROJBC■Misc. Instnynrnis\Temp Parking Lease St John Baptist Church.doe LESSOR St. John Baptist Church Print: Cede/el-4 in `L so/1% Title: Pi 'Fe' t r d LESSEE CITY OF CORPUS. CHRISTI, TEXAS 'Angel R. Escobar, P.E. City Manager ATTEST: • ARMANDO CHAPA, CITY SECRETARY APPROVED AS TO LEGAL FORM, THIS `i24 k, DAY OF _LA _" - -, 2009. By: FOR THE CITY ATTORNEY Veronica Ocafias, Assistant City Attorney CITY LEGAL DEPARTMENT Page 4 of 4 H:VJOMEWo naR\PROJECI\Misc. Instryatyinamp Perking Lease St John Baptist Church.doc File : \ Mproject\ councilexhiblte \exh5249porcel2.dwg • �i VEHICLE IMPOUND FACILITY TEMPORARY PARKING LEASE 70 CITY COUNCIL EXHIBIT di CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 o/ 1 p B DATE: 6 -5 -2009 �^�^� 16 AGENDA MEMORANDUM AGENDA ITEM: July 17, 2009 a. Motion authorizing the City Manager, or his designee, to execute a Participation Agreement with Grace United Methodist Church, Developer of Nueces River Irrigation Park, Block 2, Lot 2A, located south of Northwest Boulevard (FM 624) and east of River Hill Drive, for the extension of River Hill Drive; and b. Ordinance appropriating $150,488.43 from the Bond 2008, Streets, Developer Participation funds to reimburse Grace United Methodist Church for the City's portion of the cost for the extension of River Hill Drive, as specified in the Participation Agreement, and declaring an emergency. ISSUE: Grace United Methodist Church, owner and Developer of Nueces River Irrigation Park, Block 2, Lot 2A, is required to extend River Hill Drive south across Northwest Boulevard (FM 624) to its south boundary line as a condition of platting. The Developer is dedicating the bulk of the required 60 -foot of right -of -way required for River Hill Drive. Due to the "rough proportionality" rule, the developer is required to pay for only half of the roadway improvements. The other half of the roadway is the responsibility of the City because the adjacent property owner to the west of this tract of land will only be dedicating approximately seven (7') feet of the required 60 feet. River Hill Drive is designated as a "01" collector in the adopted Urban Transportation Master Plan. The collector is required to have 60 feet of right -of -way with a pavement width of 40 feet as measured from back of curb to back of curb. The developer will be installing sidewalks on his side of the street at their expense. When the adjacent property owner to the west develops the tract of land, sidewalk construction on the west side of River Hill Drive will be required. As part of the roadway extension, the traffic signal at the intersection will be required to be upgraded. The traffic signal upgrade is required due to the roadway extension. The traffic signal upgrade will be done at the City's expense due to River Hill Drive being a designated collector. Since the owner is dedicating an additional 23 feet for River Hill Drive, the owner will receive a credit for the value of the additional land being dedicated for the roadway. The owner will be reimbursed from the Bond 2008, Streets, Developer Participation line item. The owner's total contract price for the roadway improvements is $266,266.86 of which half will be the City's responsibility. The owners credit for the additional right -of -way being dedicated is $17,355.00. Therefore, the City's portion for the River Hill Drive improvements is $150,488.43. RECOMMENDATION: Staff recommends approval of the ordinance as presented. c &ct Juan Perales, ., P.E. Interim Assistant City Manager Development Services Department Attachments: Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Pedro Anaya, P.E. Director of Engineering Services Background Information Location Map Extension of River Hills Drive sketch Developer's Cost Estimate Participation Agreement H:\DEVELOPMENT SERVICESWARTICIPATION AGREEMENTINUECES RIVER IRRIGATION PARK\NUECES RIVER IRRIGATION PARKAGENDA MEMO.DOC -159- ADDITIONAL BACKGROUND INFORMATION BACKGROUND: The Developer proposes to build a church on Nueces River Irrigation Park, Block 2, Lot 2A. The development and platting of Nueces River Irrigation Park, Block 2, Lot 2A (Exhibit B) requires the extension of River Hill Drive south across Northwest Boulevard (FM 624). The extension of River Hill Drive will be a distance of 506.5 feet south of Northwest Boulevard. Construction plans for the roadway extension were approved by Development Services on August 3, 2009. Construction on the roadway will begin in September 2009. The owner, Grace United Methodist Church, owns a tract of 19.53 acres. The owner is platting 6.86 acres of the property into Lot 2A on which the owner plans to construct a church. A requirement of the plat is to extend River Hill Drive south across Northwest Boulevard (FM 624) in compliance with the adopted Corpus Christi Urban Transportation Plan. The Urban Transportation Plan shows River Hill Drive extending south as a "Cl" collector to intersect with the future extension of County Road 52 and points south. A "C1" collector is a roadway with a 60 -foot wide right -of -way with a pavement width of 40 feet as measured from back of curb to back of curb. The centerline of the existing River Hill Drive lies approximately 23 feet east of the subject property's west boundary line. Since the centerlines of the roadways must align, the owner must dedicate their half of the roadway, 30 feet, plus the additional 23 feet of the roadway that lies on the owner's property. Due to the "rough proportionality" rule, the City cannot require the owner to dedicate the full right -of -way or build the entire roadway for a collector road that is planned to serve other areas, without just compensation. On all roadways, the owner is responsible to dedicate half of the planned right -of -way and construct half of the roadway up to a residential collector. The owners representative, Urban Engineering, has provided a cost estimate for the entire roadway ((Exhibit E). The cost estimate totals $266,266.86 of which the City would be responsible for 50 percent of the cost, which equals $133,133.43 of City participation. Due to the extension of River Hill Drive, the existing traffic signal at the intersection will have to be upgraded by adding a traffic signal for the northbound traffic. Since the roadway extension is a requirement from the adopted Urban Transportation Plan, the traffic signal upgrade will be done by the City. The owner is requesting credit for the additional right -of -way dedication beyond the 30 feet required. Based on the information received, the owner is dedicating an additional 0.267 acre for the roadway. Based on the appraised value done by American Appraisers, Inc., dated December 28, 2007, the land value is equal to $65,000.00 per acre. Based on the land value, the owner will receive a credit of $17,355.00 for the additional 0.267 acre of land. The City is responsible for $133,133.43 for the extension of River Hill Drive and must provide the owner with a credit of $17,355.00 for the additional land being dedicated. Therefore, the total financial participation for the extension of River Hill Drive is $150,488.43. Exhibit A -160- 0.05 0.1 Miles 0.2 Legend i PLANNING.CITYLIMITS EXHIBIT B Creation Date: 0811012009 Printing Date: 08/10(1009 File: R:IPIJJ_DIRISHAREDIGIS ProjeetswMigueMroposed River Hill EM Prepared Ely: KAE Source: City of Corpus Christi Department of Devebpment Services s VACATION MAP _ �'r -l� C' "� .. I� 11 777-1- ire 1 WI N� M b ( RIVER HILL DRIVE EXTENSION LOT 2 -A. BLOCK 2. NUEGES IRRIGATION PARK 150 100 50 0 100 200 GRAPHIC SCALE 1" =100' FM 1989 each 0 Gauntry Club Hazel Sag Road 11 I LOCATION MAP - Not to Scale ©copyright 2004 Urban Engineering upziemst NEERIN& CORPUS CA/OWL iexAsi XS *WSW COMO ana 1.0. MOO •4001 Job No. 32318A4.01 July 2, 2004 MFH /crr EXHIBIT C - Eng: Murf Hudson, P.E. By: C.R.R. COST ESTIMATE for PAVING PARTICIAPTION LOT 2 -A, BLOCK 2 NUECES IRRIGATION PARK July 1, 2009 Job No. 32318.A9.01 ITEM DESCRIPTION QUAN. UNIT UNIT TOTAL PRICE COST A. PAVING IMPROVEMENTS: 1 Clear and Grub Right of Way 0.65 AC $2,000.00 $1,300.00 2 Roadway Excavation/Embankment 3,366 CY $3.65 $12,285.90 3 2" HMAC Including Prime Coat 2,324 SY $13.00 $30,212.00 4 8" Limestone Base TY A, GR 1 2,883 SY $15.00 $43,245.00 5 8" Lime Stabilized Subgrade 3,019 SY $3.50 $10,566.50 6 6" 'L' Curb 982 LF $14.00 $13,748.00 7 Street Sign 1 EA $750.00 $750.00 8 Standard Street Barricade 1 EA $1,200.00 $1200.00 PAVING SUB - TOTAL: $113,307.40 B. STORM SEWER IMPROVEMENTS: 1 36" RCP 79 LF $75.00 $5,925.00 2 24" RCP 247 LF $40.00 $9,880.00 3 18" RCP 78 LF $32.50 $2,535.00 4 OSHA Trench Protection 404 LF $2.00 $808.00 5 5' Slot Inlet 4 EA $2,200.00 $8,800.00 6 Junction Box 2 EA $5,000.00 $10,000.00 7 Temporary S.E.T. 3:1 @ End of 36" RCP 1 EA $3,000.00 $3,000.00 8 24" RCPx90' Entrance Culvert w /6:1 S.E.T. Ea. End 1 LS $9,600.00 $9,600.00 9 30" RCPx90' Irrigation Canal w/3:1 S.E.T. Ea. End 1 LS $12,500.00 $12,500.00 10 Off-site Temporary Swale Excavation 1,795 CY $3.50 $6,282.50 STORM SEWER SUB - TOTAL: $69,330.50 C. MISCELLANEOUS: 1 1 Storm Water Pollution Prevention Plan 1 LS $5,000.00 $5,000.00 2 General Conditions, Bonds and Insurance 1 LS $20,000.00 $20,000.00 3 Traffic Control LS $2,500.00 $2,500.00 MISCELLANEOUS SUB - TOTAL: $27,500.00 CONSTRUCTION COSTS SUB - TOTAL: $210,137.90 CONTINGENCY @ 10 %: $21,013.79 TOTAL CONSTRUCTION COST: $231,151.69 D. ENGINEERING AND ADMINISTRATION 1 Civil Engineering @ 10% $23,115.17 2 Geotechnical Report $3,000.00 3 Topographic Survey $2,500.00 4 Construction Surveying $6,500.00 TOTAL ENG. AND ADMIN.: $35,115.17 TOTAL PROJECT COST: $266,266.86 DEVELOPER / CITY PORTION OF PARTICIPATION AGREEMENT @ 50 %: $133,133.43 Urban Engineering 2725 Swantner Corpus Christi, TX 78404 1- 361 -854 -3101 EXHIBIT D 1 of 2 Eng: Murf Hudson, P.E. By: C.R.R. COST ESTIMATE for PAVING PARTICIAPTION LOT 2 -A, BLOCK 2 NUECES IRRIGATION PARK July 1, 2009 Job No. 32318.A9.01 ITEM DESCRIPTION QUAN. UNIT UNIT TOTAL PRICE COST ADDITIONAL PUBLIC IMPROVEMENTS NOT PART OF PARTICIPATION AGREEMENT A. CITY FUNDED IMPROVEMENTS: 1 Signalization 1 LS $60,000.00 $0.00 TOTAL CITY FUNDED ITEMS: $60,000.00 B. DEVELOPER FUNDED IMPROVEMENTS: 1 Reinforced Concrete (Driveways) 680 SF $5.00 $3,400.00 2 6" Block Curb 112 LF $4.00 $448.00 3 4' Concrete Sidewalk (One Side Only) 1,900 SF $5.00 $9,500.00 4 Accessible Ramps 4 EA $500.00 $2,000.00 TOTAL DEVELOPER FUNDED ITEMS: $15,348.00 Urban Engineering 2725 Swantner Corpus Christi, TX 78404 1- 361 - 854-3101 — 1 64- 2 of 2 PARTICIPATION AGREEMENT STATE OF TEXAS COUNTY OF NUECES § THIS AGREEMENT is entered into between the City of Corpus Christi, a Texas Home -Rule Municipal Corporation, P. O. Box 9277, Corpus Christi, Texas 78469 -9277, hereinafter called "City" and Grace United Methodist Church, (Developer), 11222 Leopard Street, Corpus Christi, Texas 78410 hereinafter called "Developer ". WHEREAS, Developer is developing a subdivision known as, Nueces River Irrigation Park, Block 2, Lot 2A containing 6.862 acres of land located south of Northwest Boulevard (FM 624) and east of the River Hill Drive extension, as shown on attached location map, Exhibit 1 (attached and incorporated); and WHEREAS, the Developer has submitted construction plans that show the extent of the improvements; and WHEREAS, Developer is required to extend River Hill Drive south across Northwest Boulevard (FM 324) to its south boundary line as a condition of platting (the "Roadway Extension "); and 'WHEREAS, it is in the best interests of the City to have a public street infrastructure installed by the Developer in conjunction with the Developer's project; and WHEREAS, Chapter 212 of the Texas Local Government Code authorizes a municipality to make a contract with a developer of a subdivision or land in the municipality to construct public improvements related to the development; NOW, THEREFORE, in order to provide a coordinated public street construction project, the City and Developer agree as follows: The Developer will construct the Roadway Extension for and on behalf of the City. The public roadway is required to be constructed in accordance with the plans and specifications approved by the City Engineer. The Developer agrees to dedicate the bulk of the required 60 -foot of right -of -way of the public roadway, River Hill Drive. The Developer is required to pay for half of the costs to construct the Roadway Extension. The City is required to pay for the other half of the construction costs. For its share of the Roadway Extension construction and Owner/Developer's credit for the additional right -of -way, as depicted on Exhibit 2(attached and incorporated) the total that the City must pay is an amount not to exceed $150,488.43. Participation Agreement River Hill Drive Extension —165— Page 1 of 7 The City will reimburse the Developer in the following manner: Upon final acceptance of the Roadway Extension by the City Engineer, the City will pay Developer an amount not exceed $150,488.43.. In accordance with Section 212.073, Texas Local Government Code, Developer must execute a performance bond for the construction of the improvements to ensure completion of the project. The bond must be executed by a corporate surety in accordance with Chapter 2253, Texas Government Code. DEVELOPER COVENANTS TO FULLY INDEMNIFY, SAVE AND HOLD HARMLESS THE CITY OF CORPUS CHRISTI, ITS OFFICERS, EMPLOYEES, AND AGENTS, ( "INDEMNITEES ") AGAINST ANY AND ALL LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS SUITS AND CAUSES OF ACTION OF ANY NATURE WHATSOEVER ASSERTED AGAINST OR RECOVERED FROM CITY ON ACCOUNT OF INJURY OR DAMAGE TO PERSON INCLUDING, WITHOUT LIMITATION ON THE FOREGOING, WORKERS COMPENSATION AND DEATH CLAIMS, OR PROPERTY LOSS OR DAMAGE OF ANY OTHER KIND WHATSOEVER, TO THE EXTENT ANY INJURY, DAMAGE, OR LOSS MAY BE INCIDENT TO, ARISE OUT OF, BE CAUSED BY, OR BE IN ANY WAY CONNECTED WITH, EITHER PROXIMATELY OR REMOTELY, WHOLLY OR IN PART, THE CONSTRUCTION, INSTALLATION, EXISTENCE, OPERATION, USE, MAINTENANCE, REPAIR, RESTORATION, OR REMOVAL OF THE PUBLIC IMPROVEMENTS ASSOCIATED WITH THE DEVELOPMENT OF THE ROADWAY EXTENSION OF RIVER HILL DRIVE, INCLUDING THE INJURY, LOSS OR DAMAGE CAUSED BY THE SOLE OR CONTRIBUTORY NEGLIGENCE OF THE INDEMNITEES OR ANY OF THEM, REGARDLESS OF WHETHER THE INJURY, DAMAGE, LOSS, VIOLATION, EXERCISE OF RIGHTS, ACT, OR OMISSION IS CAUSED OR IS CLAIMED TO BE CAUSED BY THE CONTRIBUTING OR CONCURRENT NEGLIGENCE OF INDEMNITEES, OR ANY OF THEM, BUT NOT IF CAUSED BY THE SOLE NEGLIGENCE OF INDEMNITEES, OR ANY OF THEM, UNMIXED WITH THE FAULT OF ANY OTHER PERSON OR ENTITY, AND INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, AND ATTORNEYS FEES, WHICH ARISE, OR ARE CLAIMED TO ARISE, OUT OF OR IN CONNECTION WITH THE ASSERTED OR RECOVERED INCIDENT. THIS INDEMNITY TERMINATES ONE YEAR FROM ACCEPTANCE OF THE ROADWAY EXTENSION BY THE CITY ENGINEER. In compliance with City of Corpus Christi Ordinance No. 17112„ Developer agrees to complete the Disclosure of Ownership Interests form Exhibit 3 (attached and incorporated). This agreement becomes effective and binding upon, and inures to the benefit of, the parties hereto and their heirs, successors, and assigns from and after date of execution. Participation Agreement River Hill Drive Extension Page 2 of 7 —166— EXECUTED in duplicate this day of , 2009. Grace United Methodist Church ( "Developer ") 11222 Lcopard Street Corpus Christi, Texas 78410 By: Naine, Title STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on the day of 2009, by , in the capacity herein stated and as the act and deed of said entity. NOTARY PUBLIC, STATE OF TEXAS —167— Participation Agreement River Hill Drive Extension Page 3 of 7 CITY OF CORPUS CHRISTI ( "City ") P. O. Box 9277 Corpus Christi, Texas 78469 Telephone: (361) 880 -3500 Facsimile: (361) 880 -3501 ATTEST: By: By: ARMANDO CHAPA, ANGEL R. ESCOBAR City Secretary City Manager THE STATE OF TEXAS § § COUNTY OF NUECES § This instrument was acknowledged before me on the day of , 2009, by ANGEL R. ESCOBAR, City Manager for the CITY OF CORPUS CHRISTI, a Texas municipal corporation, on behalf of said corporation. NOTARY PUBLIC, STATE OF TEXAS APPROVED AS TO FORM: This day of , 2009. By: Deborah Walther Brown Assistant City Attorney for the City Attorney —168— Participation Agreement River Hill Drive Extension Page 4 of 7 . � 7 rig lot » � q az ƒ/ ] 7 .3 '1 Q fill , 1 \ gt O. It §w 1 1 1 ■| A| <Esli C0111, _i 5 EXHIBIT —169— Participation Ag nt River m!l Drive Extension Page ,a7 Eng: Murf Hudson, P E. By: C.R.R. COST ESTIMATE for PAVING PARTICIAPTION LOT 2-A, BLOCK 2 NUECES IRRIGATION PARK July 1, 2009 Job No. 32318.A9.01 REM DESCRIPTION QUAN. UNIT UNIT COST A. PAVING IMPROVEMENTS: 1 Clear and Grub Right of Way 0.65 3,366 AC CY 52,000.00 53.65 51,300.00 512,285.90 2 Roadway Excavation /Embankment 3 2" HMAC Including Prime Coat 2,324 SY 513.00 530,212.00 4 8" Limestone Base TY A, GR 1 2883 3,019 SY SY 515.00 53.50 $43,245.00 510,566.50 5 8" Lime Stabilized Subgrade 6 6" 'L' Curb 982 LF 514.00 513,748.00 7 Street Sign 1 EA $750.00 3750.00 8 Standard Street Barricade 1 EA 51,200.00 51,200.00 PAVING SUB - TOTAL: 5113,307.40 8. STORM SEWER IMPROVEMENTS: 1 36" RCP 79 LF 575.00 55,925.00 2 24" RCP 247 LF 540.00 I 59,880.00 3 18" RCP 78 LF 532.50 52,535.00 4 OSHA Trench Protection 404 LF 52.00 5608.00' 5 5 Slot Inlet 4 EA 52,200.00 58,800.00 6 Junction Box 2 EA 55,000.00 $10,000.00 7 Temporary S.E.T. 3:1 Q End of 36" RCP 1 EA 53,000.00 $3,000.00 8 24" RCPx9U Entrance CuNert w /6:1 S.E.T. Ea. End 1 LS 59,600.00 59,600.00 9 30" RCPx90' lrtigation Canal w!3:1 S.E.T. Ea. End 1 LS 512,500.00 $12,500.00 10 Off-site Temporary Swale Excavation 1,795 CY 53.50 36,282.50 STORM SEWER SUB-TOTAL: 569,330.50 C. MISCELLANEOUS: 1 Storm Water Pollution Prevention Plan 1 LS 35,000.00 55,000.00 2 General Conditions, Bonds and Insurance 1 LS LS 320,000.00 52,500.00 520,000.00 52,500.00 3 Traffic Control MISCELLANE US SUB- TOTAL: 527,500.00 CONSTRUCTION COSTS SUB- TOTAL: 5210,137 90 CONTINGENCY 0 10 %: 521,013.79 TOTAL CONSTRUCTION COST: 5231,151.89 D. ENGINEERING AND ADMINISTRATION 1 Civil Engineering @ 10% • $23, 115. 17 23,115.17 $ 2 Geotechnical Report 3 Topographic Survey 3,000.00 $2;500.00 4 Canstruetion Surveying TOTAL ENG. AND ADMIN.: 536,115.17 TOTAL PROJECT COST: 526626626 DEVELOPER 1 CITY PORTION OF PARTICIPATION AGREEMENT @ 50 %: 3133,133.43 Urban Engineering 2725 Swantner Corpus Christi, TX 78404 1- 361 -854 -3101 EXHIBIT 2 —170— 1 of 2 Participation Agreement River Hill Drive Extension Page 6 of 7 Eng: Muff Hudson. P.E. By: G.R.R. ITEM DESCRIPTION COST ESTIMATE for PAVING PARTICIAPTION LOT 2-A, BLOCK 2 NUECES IRRIGATION PARK GUAR. I UNIT ADDITIONAL PUBLIC IMPROVEMENTS NOT PART OF PARTICIPATION AGREEMENT A. CITY FUNDED IMPROVEMENTS: 1I LS $60,000.00 1 TOTAL CITY FUNDED ITEMS: 560,000.00 July 1, 2009 Job No. 32318.A9.01 UNIT 1 TOTAL PRICE COST 1 S' nal¢ation B. DEVELOPER FUNDED IMPROVEMENTS: 1 Reinforced Concrete (Driveways) 2 6" Block Curb 3 4' Concrete Sidewalk (One Side Only) 4 Accessible Ramps 680 SF 112 if 1,900 SF 4 EA 50.00 55.00 53,400.00 54.00 5448.00 55.00 59,500.00 $500.00 52,000.00 TOTAL DEVELOPER FUNDED ITEMS: 515,345.00 Urban Engineering 2725 Swanmer Corpus Christi, TX 78404 1- 361 -854 -3101 2 oft Page7of7 H LEO. DIRI SHAREDLLEGAL -DEV. SVCS12009 AGENDAIS-16\NUECEjRWEI Ir b0ATION PARK BLOCK 2 LOT 2A PARTICIPATION AGRMT GRACE UNITED CHURCH 08I509.DOC I / Page 1 of 2 AN ORDINANCE APPROPRIATING $150,488.43 FROM THE BOND 2008, STREETS DEVELOPER PARTICIPATION FUNDS TO REIMBURSE GRACE UNITED METHODIST CHURCH FOR THE CITY'S PORTION OF THE COST FOR THE EXTENSION OF RIVER HILLS DRIVE, AS SPECIFIED IN THE PARTICIPATION AGREEMENT; AND DECLARING AN EMERGENCY. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS: SECTION 1. That $150,488.43 is appropriated from the Bond 2008, Streets Developer Participation Funds, to reimburse Grace United Methodist Church for the City's portion of the cost for the extension of River Hills Drive, as specified in the Participation Agreement. 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 shall take effect upon first reading as an emergency this the 18th of August, 2009. ATTEST: Armando Chapa City Secretary APPROVED as to form: August 10, 2009 eborah Walther Br Assistant City Attorney For City Attorney CITY OF CORPUS CHRISTI Joe Adame Mayor H:\ LEG- DIR \Shared\LEGAL- DEV.SVCS\2009 Agenda \8- 18 \ORD- Approp Bond2008- GraceU n itedMeth- RiverH illsPartiCAgmt.doc —172— Page 2 of 2 Corpus Christi, Texas Day of , 2009 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, Joe Adame Mayor Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott H:\ LEG -DIR \Shared \LEGAL- DEV.SVCS\2009 Agenda \13-18 ORD-AppropBond2008-GraceUnitedMeth-RiverHillsParticAgmtdoc —173— PARTICIPATION AGREEMENT STATE OF TEXAS § COUNTY OF NUECES § THIS AGREEMENT is entered into between the City of Corpus Christi, a Texas Home -Rule Municipal Corporation, P. 0. Box 9277, Corpus Christi, Texas 78469 -9277, hereinafter called "City" and Grace United Methodist Church, (Developer), 11222 Leopard Street, Corpus Christi, Texas 78410 hereinafter called "Developer ". WHEREAS, Developer is developing a subdivision known as, Nueces River Irrigation Park, Block 2, Lot 2A containing 6.862 acres of land located south of Northwest Boulevard (FM 624) and east of the River Hill Drive extension, as shown on attached location map, Exhibit 1 (attached and incorporated); and WHEREAS, the Developer has submitted construction plans that show the extent of the improvements; and WHEREAS, Developer is required to extend River Hill Drive south across Northwest Boulevard (FM 324) to its south boundary line as a condition of platting (the "Roadway Extension "); and WHEREAS, it is in the best interests of the City to have a public street infrastructure installed by the Developer in conjunction with the Developer's project; and WHEREAS, Chapter 212 of the Texas Local Government Code authorizes a municipality to make a contract with a developer of a subdivision or land in the municipality to construct public improvements related to the development; NOW, THEREFORE, in order to provide a coordinated public street construction project, the City and Developer agree as follows: The Developer will construct the Roadway Extension for and on behalf of the City. The public roadway is required to be constructed in accordance with the plans and specifications approved by the City Engineer. The Developer agrees to dedicate the bulk of the required 60 -foot of right -of -way of the public roadway, River Hill Drive. The Developer is required to pay for half of the costs to construct the Roadway Extension. The City is required to pay for the other half of the construction costs. For its share of the Roadway Extension construction and Owner/Developer's credit for the additional right -of -way, as• depicted on Exhibit 2(attached and incorporated) the total that the City must pay is an amount not to exceed $150,488.43. Participation Agreement River Hill Drive Extension —174— Page I of The City will reimburse the Developer in the following manner: Upon final acceptance of the Roadway Extension by the City Engineer, the City will pay Developer an amount not exceed $150,488.43.. In accordance with Section 212.073, Texas Local Government Code, Developer must execute a performance bond for the construction of the improvements to ensure completion of the project. The bond must be executed by a corporate surety in accordance with Chapter 2253, Texas Government Code. DEVELOPER COVENANTS TO FULLY INDEMNIFY, SAVE AND HOLD HARMLESS THE CITY OF CORPUS CHRISTI, ITS OFFICERS, EMPLOYEES, AND AGENTS, ( "INDEMNITEES ") AGAINST ANY AND ALL LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS SUITS AND CAUSES OF ACTION OF ANY NATURE WHATSOEVER ASSERTED AGAINST OR RECOVERED FROM CITY ON ACCOUNT OF INJURY OR DAMAGE TO PERSON INCLUDING, WITHOUT LIMITATION ON THE FOREGOING, WORKERS COMPENSATION AND DEATH CLAIMS, OR PROPERTY LOSS OR DAMAGE OF ANY OTHER KIND WHATSOEVER, TO THE EXTENT ANY INJURY, DAMAGE, OR LOSS MAY BE INCIDENT TO, ARISE OUT OF, BE CAUSED BY, OR BE W ANY WAY CONNECTED WITH, EITHER PROXIMATELY OR REMOTELY, WHOLLY OR IN PART, THE CONSTRUCTION, INSTALLATION, EXISTENCE, OPERATION, USE, MAINTENANCE, REPAIR, RESTORATION, OR REMOVAL OF THE PUBLIC IMPROVEMENTS ASSOCIATED WITH THE DEVELOPMENT OF THE ROADWAY EXTENSION OF RIVER HILL DRIVE, INCLUDING THE INJURY, LOSS OR DAMAGE CAUSED BY THE SOLE OR CONTRIBUTORY NEGLIGENCE OF THE INDEMNITEES OR ANY OF THEM, REGARDLESS OF WHETHER THE INJURY, DAMAGE, LOSS, VIOLATION, EXERCISE OF RIGHTS, ACT, OR OMISSION IS CAUSED OR IS CLAIMED TO BE CAUSED BY THE CONTRIBUTING OR CONCURRENT NEGLIGENCE OF INDEMNITEES, OR ANY OF THEM, BUT NOT IF CAUSED BY THE SOLE NEGLIGENCE OF INDEMNITEES, OR ANY OF THEM, UNMIXED WITH THE FAULT OF ANY OTHER PERSON OR ENTITY, AND INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, AND ATTORNEYS FEES, WHICH ARISE, OR ARE CLAIMED TO ARISE, OUT OF OR IN CONNECTION WITH THE ASSERTED OR RECOVERED INCIDENT. THIS INDEMNITY SURVIVES TERMINATION OF THIS AGREEMENT. In compliance with City of Corpus Christi Ordinance No. 17112„ Developer agrees to complete the Disclosure of Ownership Interests form Exhibit 3 (attached and incorporated). This agreement becomes effective and binding upon, and inures to the benefit of, the parties hereto and their heirs, successors, and assigns from and after date of execution. Participation Agreement River Hill Drive Extension —17 5— Page 2 of 7 EXECUTED in duplicate this day of , 2009. Grace United Methodist Church ( "Developer ") 11222 Leopard Street Corpus Christi, Texas 78410 By: Name, Title STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on the _ day of 2009, by , in the capacity herein stated and as the act and deed of said entity. NOTARY PUBLIC, STATE OF TEXAS —176— Participation Agreement River Hill Drive Extension Page 3 of 7 CITY OF CORPUS CHRISTI ( "City") P. O. Box 9277 Corpus Christi, Texas 78469 Telephone: (361) 880 -3500 Facsimile: (361) 880 -3501 ATTEST: By: By: ARMANDO CHAPA, ANGEL R. ESCOBAR City Secretary City Manager THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on the day of 2009, by ANGEL R. ESCOBAR, City Manager for the CITY OF CORPUS CHRISTI, a Texas municipal corporation, on behalf of said corporation. NOTARY PUBLIC, STATE OF TEXAS APPROVED AS TO FORM: This day of , 2009. By: Deborah Walther Brown Assistant City Attorney for the City Attorney —177— Participation Agreement River Hill Drive Extengion Page 4 of 7 EXHIBIT 1 —178— Participation Agreement River Hill Drive Extension Page 5 of 7 Eng: Mud Hudson. P E. By: C.R.R. COST ESTIMATE for PAVING PARTICIAPTION LOT 2A, BLOCK 2 NUECES IRRIGATION PARK July 1, 2009 Job No. 32318.09.01 ITEM] DESCRIPTION OUAN. UNIT UNIT TOTAL PRICE COST A. PAVING IMPROVEMENTS: 1 Clear and Grub Right of Way 0.65 3,366 AC CY 52,000.00 31,300.00 53.65 312,285.90 2 Roadway Excavation /Embankment 3 2" HMAC Including Prime Coat 2.324 SY 313.00 330,212.00 4 8" Limestone Base TY A. GR 1 2,883 SY 315.00 1 543,245.00 5 8" Lime Stabilized Subgrade 3,019 SY 33.501 310,568.50 6 6 "'L'Curb 982 LF 314.00 313,748.00 7 Street Sign 1 EA 4750.00 3750.00 8 Standard Street Barricade 1 EA 31,200.00 51,200.00 PAVING SUB- TOTAL: 3113,307.40 B. STORM SEWER IMPROVEMENTS: 79 LF 375.00 35 925.00 1 2 36" RCP 24" RCP 247 LF _ $40T 39,880.00 3 18" RCP 78 LF 332.50 32,535.00 Trench Protecbon 4041 LF 32.00 5808.00 4 5 OSHA 5'' Slot Inlet 4 EA 52200.00 38,800.00 6 Junction Box 2 EA 35,000.00 510,000.00 7 Temporary S.E.T. 3:1 @ End of 36" RCP 1 EA 53,000.00 33.00000 8 24" RCPx90 Entrance Culvert w/6:1 S.E.T. Ea. End 1 LS $9,600.00 39,600.00 9 30 "RCPx90 Inigation Canal w/3:1 S.E.T. Ea. End 1 LS 312,500.00 312,500.00 10 OR -site Temporary Swale Excavation 1,795 CY 33.50 36,282.50 STORM SEWER SUB-TOTAL: 569,330.50 C. MISCELLANEOUS: 1 1 Stonn Water Pollution Prevention Plan 1 LS 55,000.00 55.000.00 2 General Conditions, Bonds and Insurance 1 LS 320.00000 $2,500.00 320,000.00 32,500.00 3 Traffic Control LS MISCELLANEOUS SUB- TOTAL. 527,500.00 CONSTRUCTION COSTS SUB-TOTAL: 3210,137.90 CONTINGENCY @ 10 %: 521,013.79 TOTAL CONSTRUCTION COST: 3231,151.69 D. ENGINEERING AND ADMINISTRATION 1. Civil Engineering @ 10% 523115 17 2 Geotechnicel Report 23,000.17 3 Topographic Survey 32,500.00 4 Construclibn Surveying 56,500.00 TOTAL ENO. AND ADMIN.: 336,115.17 TOTAL PROJECT COST: 3266,266.116 DEVELOPER / CITY PORTION OF PARTICIPATION AGREEMENT a 50%: 5133,133.43 Urban Engineering 2725 Swantner Corpus Christi, TX 78404 1- 361 -854 -3101 EXHIBIT 2 -179- 1 of 2 Participation Agreement River Hill Drive Extension Page 6 of 7 Eng: Murf Hudson. P.E. By: C.R.R. COST ESTIMATE for PAVING PARTICIAPTION LOT 2-A, BLOCK 2 NUECES IRRIGATION PARK July 1, 2009 Job No. 32318.A9.01 ITEM DESCRIPTION GUAR. 1 UNIT UNIT 1 TOTAL PRICE COST ADDITIONAL PUBLIC IMPROVEMENTS NOT PART OF PARTICIPATION AOREEMENT A. CITY FUNDED IMPROVEMENTS: 1 Signalization 1 LS 360,000.00 $0.00 TOTAL CRY FUNDED ITEMS: S60,000.00 B. DEVELOPER FUNDED IMPROVEMENTS: 1 Reinforced Concrete (Driveways) 680 SF 55.00 33,400.00 2 6" Block Curb 112 LF S4.00 3448.00 3 4' Concrete Sidewalk (One Side Only) 1,900 SF 55.00 59,500.00 4 Accessible Ramps 4 EA 5500.00 52,000.00 TOTAL DEVELOPER FUNDED ITEMS: $16,345.00 Urban Engineering 2725 Srantner Corpus Christi, TX 78404 1- 361 - 854 -3101 Page 7 of 7 2 oft H: LL. EG- DIR\SHAREDV.EGAL- DEV.SVCS\2009 AGENDA \B- IBWUECES Kira Wl1OATlON PARK.BLOCK 2 LOT 2A PARTICIPATION AGRMT GRACE UNITED CHURCH 081809.D0C I O U 17 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: August 18, 2009 AGENDA ITEM: An ordinance revising section 12 -7, Code of Ordinances, City of Corpus Christi, To allow swimming in the Corpus Christi Marina during special events approved by the Marina Superintendent; providing for penalties; providing for severance; and providing for publication. ISSUE: Council is requested to approve the amendment to revise section 12 -7, Code of Ordinances, City of Corpus Christi, to allow swimming in the Corpus Christi Marina during special events approved by the Marina Superintendent; providing for penalties; for severance; and providing for publication. REQUIRED COUNCIL ACTION: City Council's action is required for ordinance amendments. PREVIOUS COUNCIL ACTION: Section 12 -7 was last amended in Ord. No. 027499 on November 20, 2007. CONCLUSION AND RECOMMENDATION: Staff recommends approval of this ordinance. Attachment - Background —183— Peter M. Davidson Marina Superintendent peterd a(�.cctexas.com 361.826.3983 BACKGROUND INFORMATION The first annual "Corpus Christi Open Water Festival" will be held September 26 -27, 2009 at the Corpus Christi Marina, Lawrence Street T -Head. The event is sponsored by American Bank, the Convention and Visitors Bureau and many other prominent businesses. Individuals between the ages of 8 and 98 can participate in the Festival. Several Olympic swimmers participating in this event collectively bring approximately twenty Olympic medals of which 13 are gold. Premier Management Group together with USA Swimming are the organizations that will bring this event to the City of Corpus Christi. —184— Page 1 of 3 AN ORDINANCE REVISING SECTION 12 -7, CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, TO ALLOW SWIMMING IN THE CORPUS CHRISTI MARINA DURING SPECIAL EVENTS APPROVED BY THE MARINA SUPERINTENDENT; PROVIDING FOR PENALTIES; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Section 12 -7, Code of Ordinances, is revised to read as follows: Sec. 12 -7. Bathing, swimming and wading prohibited in certain waters. (a) It shall be unlawful for any person to go into any of the following described waters for the purpose of bathing, swimming, or wading: (1) Except during special events that have been approved, with conditions, by the city's marina superintendent, all All-the water within the rock breakwater extending from eastern terminus of Market Street to the point on Shoreline Drive where the southernmost portion of such breakwater ends, such point being near to and immediately south of the eastern terminus of Broadway Court. (2) All the waters within the Corpus Christi ship channel and turning basins appurtenant thereto. (3) All of the waters of the Nueces River from the Calalien plant or reservoir and for one -half (1/2) mile upstream from the intake. (4) From the public docks or from boats within the harbor. (5) Any private swimming pool without the consent of the owner thereof. (6) The navigable waterway of Packery Channel from the east side of the John F. Kennedy Causeway to the end of the jetties in the Gulf of Mexico. italt shall be unlawful for any parent or guardian of a minor, or any person standing in loco parentis to a minor, to knowingly permit such minor to violate this section. 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 MARINA SWIMMING ORD 06102009 —185— Page 2 of 3 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. 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. MARINA SWIMMING ORD 08102009 —186— Page 3 of 3 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2009, by the following vote: Joe Adame Priscilla Leal Chris N. Adler John E. Marez Brent Chesney Nelda Martinez Larry R. Elizondo, Sr. Mark Scott Kevin Kieschnick That the foregoing ordinance was read for the second time and passed finally on this the day of , 2009, by the following vote: Joe Adame Priscilla Leal Chris N. Adler John E. Marez Brent Chesney Nelda Martinez Larry R. Elizondo, Sr. Mark Scott Kevin Kieschnick PASSED AND APPROVED, this the day of , 2009. ATTEST: Armando Chapa Joe Adame City Secretary Mayor APPROVED: 10`h day of August, 2009: /Rein Firs J ing / Firs{ Assistant Ity Attorney For City Attorney MARINA SWIMMING ORD 08102009 —187— 18 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 8/18/2009 AGENDA ITEM: ORDINANCE AMENDING THE CODE OF ORDINANCES, CHAPTER 2 "ADMINISTRATION," TO ESTABLISH THE ADVISORY COMMITTEE ON COMMUNITY PRIDE ISSUE AND BACKGROUND: As requested by the Mayor and established as a Council Goal by City Council for 2009 -2010, this Ordinance creates the Advisory Committee on Community Pride. Purpose: The purpose of the committee is to advise the Mayor and City Council on development and implementation of a comprehensive community pride campaign. Activities will include the following: (a) Review existing and proposed goals and strategies related to the City's Pride Campaign aimed at advancing city -wide clean -up and recycling goals, development of beautification programs and enhancement of existing programs such as Adopt -A- Beach, Adopt Downtown, Keep our Beaches Clean, Clean Air Fair, and other related events; (b) Review marketing strategies related to the City's Pride Campaign which promote cleanliness and beautification projects in partnership with local businesses; (c) Review strategies to engage the public to promote community pride and beautification programs at public meetings, community presentations and other City events; (d) Provide input into existing and proposed goals and objectives of current recycling, litter reduction, and solid waste environmental programs; (e) Review new program methodologies related to community pride; (f) Acquaint itself with the pride and cleanliness issues within the community; (g) Cultivate and promote public knowledge, understanding, and acceptance of the need for community pride initiatives; (h) Provide a public forum for discussion of community needs related to a community pride initiative; (i) Endeavor to support and foster the efforts of all local cooperating groups having a focus on community pride and beautification efforts; and (j) Encourage community involvement in pilot programs aimed at increased community pride. -191- Appointments: As drafted, the committee will be appointed by the Mayor and approved by City Council and will include 11 members of the community as well as two ex- oficio committee members of city staff to include the Director of Neighborhood Services and the Director of Public Information. REQUIRED COUNCIL ACTION: Approval of the attached Ordinance. FUNDING: There is no funding requirement. CONCLUSION AND RECOMMENDATION: Staff recommends approval of the attached Ordinance. C. `ICeav Margie Rose Assistant City Manager mar. ier . c . exas.com —1 9 2— 4724 ! udy D. Ga y� Intergovem C' tal Rel. . rudyga @cctexas.com 361- 826 -3082 Director AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CHAPTER 2 "ADMINISTRATION," TO ESTABLISH THE ADVISORY COMMITTEE ON COMMUNITY PRIDE; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: Section 1. The Code of Ordinances, Chapter 2 "Administration," Article IV "Miscella- neous Boards, Commissions and Committees," is amended to add a new Division to read as follows: "DIVISION 28. ADVISORY COMMITTEE ON COMMUNITY PRIDE Sec. 2 -280. Created; purpose. "There is hereby created the Advisory Committee on Community Pride. The purpose of the committee is to advise the Mayor and City Council on development and implementation of a comprehensive community pride campaign that will interrelate with the efforts and purpose of the Clean City Advisory Committee. "Sec. 2-281. Duties. "The committee shall act as an advisor to the Mayor and City Council regarding development and implementation of a comprehensive community pride campaign that will interrelate with the efforts of the Clean City Advisory Committee, including but not limited to the following activities: "(a) Review existing and proposed goals and strategies related to the City's Pride Campaign aimed at advancing city -wide clean -up and recycling goals, development of beautification programs and enhancement of existing programs such as Adopt -A- Beach, Adopt Downtown, Keep our Beaches Clean, Clean Air Fair, and other related events; "(b) Review marketing strategies related to the City's Pride Campaign which promote cleanliness and beautification proiects in partnership with local businesses; "(c) Review strategies to engage the public to promote community pride and beautification programs at public meetings, community presentations and other City events; -193- "(d) provide input into existing and proposed goals and objectives of current recycling, litter reduction, and solid waste environmental programs; "(e) review new program methodologies related to community pride; "(f) acquaint itself with the pride and cleanliness issues within the community; "(g) cultivate and promote public knowledge, understanding, and acceptance of the need for community pride initiatives; "(h) provide a public forum for discussion of community needs related to a community pride initiative; "(1) endeavor to support and foster the efforts of all local cooperating groups having a focus on community pride and beautification efforts; and "(i) encourage community involvement in pilot programs aimed at increased community pride. "Sec. 2 -282. Membership; terms; filling vacancies; ex- officio members. "(a) The committee shall consist of eleven (11) members appointed by the Mayor with the approval of the City Council. "(b) Of the initial members, six (6) members shall serve a two -year term and five (5) members shall serve a one -year term, as determined by a drawing to be conducted by the City Secretary's office. Thereafter, all terms shall be two (2) Years. "(c) In the event a vacancy occurs during any term, the appointment of a new member shall be to fill the unexpired term. "(d) The Director of Public Information and the Director of Neighborhood Services shall serve as ex- officio members of the committee without vote. "Sec. 2 -283 Quorum; procedures; officers; staff Iiasison, meetings; subcommittees. "(a) The majority of members shall constitute a quorum, provided that the maiority vote of such quorum shall be necessary for the adoption or approval of any matters before the committee. -194- (b) The committee may adopt its own rules of procedure for the conduct of its business and may amend the same from time to time. A copy of the adopted rules of procedure must be placed on file in the City Secretary's Office. "(c) At the first meeting after creation of the committee, a maiority of the whole committee shall elect a chairperson and vice - chairperson to serve during the initial two -year term. Thereafter, the chairperson and vice - chairperson shall be elected by a maiority of the whole committee to serve one -year terms. Following the initial election, subsequent elections for chairperson and vice- chairperson shall be held each year at the first regular meeting after appointments to fill expiring terms. "(d) The Special Assistant to the Assistant City Manager — Clean City /Community Pride, or designated representative shall serve as the staff liaison and shall assist with its duties. (e) The committee shall meet at least once each month and shall meet on the call of the chairperson or of a maiority of its members. (f) The chair of the committee, with the approval of the committee, may establish such subcommittees as may be necessary or appropriate to assist the committee in its studies and in the performance of its duties. Members of such subcommit- tees shall be appointed only from among members of the committee. "Sec. 2-284--2-309. Reserved." Section 2. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for its purpose. Section 3. Publication is to be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. —195— That the foregoing ordinance was read for the first time and passed to its second reading on this the _ day of , 2009, by the following vote: Joe Adame Priscilla G. Leal Chris N. Adler John E. Marez Brent Chesney Nelda Martinez Larry Elizondo, Sr. Mark Scott Kevin Kieschnick That the foregoing ordinance was read for the second time and passed finally on this the day of , 2009, by the following vote: Joe Adame Priscilla G. Leal Chris N. Adler John E. Marez Brent Chesney Nelda Martinez Larry Elizondo, Sr. Mark Scott Kevin Kieschnick APPROVED AND PASSED on this day of , 2009. ATTEST: Armando Chapa, City Secretary Joe Adame, Mayor APPROVED as to form: July 30, 2009 Mary r, City Attorney —196— 19 AGENDA MEMORANDUM AGENDA ITEM: August 18, 2009 Ordinance revising Section 16 -4, Code of Ordinances, City of Corpus Christi, to authorize the presiding officer to waive or reduce the technical construction codes fees after a declaration of a local state of disaster; providing for severance; and providing for publication. ISSUE: In discussion during Presentation Item No. 26 of the City Council meeting of May 26, 2009, staff received direction to investigate the possibility of reducing or waiving building permit fees in the aftermath of a catastrophic event such as a hurricane. An ordinance providing the code amendments necessary to allow for these fee reductions has been developed by staff. RECOMMENDATION: Staff recommends - pproval of the ordinance as presented. Juan Perales Jr., P.E. Interim Assistant City Manager for Development Services ATTACHMENTS: Exhibit A. Background Information Exhibit B Proposed Ordinance Amendment, Chapter 16, Emergency Management —199— AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION BACKGROUND: The City's Code of Ordinances, Chapter 14, Development Services, Section 14 -1301, requires that the published fees be assessed for all building construction, improvements, or repairs that fall under the applicable technical construction codes. In the event of a disaster such as a significant hurricane event, there will be an urgent need to expedite a large number of permits for all types of building repairs. In addition, financial resources available to the various residents of the City could become an issue in this situation, and could interfere with the timely issuance of permits and execution of emergency repairs. The City's Code of Ordinances, Chapter 16, Emergency Management, Section 16 -4, "Authority to issue orders in the interest of public safety and welfare ", allows the presiding officer (Mayor or authorized representative) to enact various administrative measures in the public's interest. The authorities specifically listed in this code section do not currently include the reduction or waiver of fees such as those associated with building repairs. The agenda for the May 26, 2009 City Council meeting included Presentation Item No. 26, "Department of Development Services Progress Update ". Discussion during this presentation included permit fees and processes associated with emergency situations. During this discussion, staff was asked to investigate the possibility of reducing or waiving building permit fees in the aftermath of a catastrophic event such as a hurricane. Staff has developed the code amendments to provide for these fee reductions and waivers, and the ordinance necessary to enact them is attached. Exhibit A Page 1 of 1 —200— Page 1 of 3 AN ORDINANCE REVISING SECTION 16-4, CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, TO AUTHORIZE THE PRESIDING OFFICER TO WAIVE OR REDUCE THE TECHNICAL CONSTRUCTION CODES FEES AFTER A DECLARATION OF A LOCAL STATE OF DISASTER; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Section 16-4, Code of Ordinances, is revised to read as follows: "Sec. 16-4. Authority to issue orders in the interest of public safety and welfare. "(a) After the declaration of a local state of disaster, the presiding officer may in the interest of public health, safety, and welfare, subject to confirmation or revocation by the city council, issue proclamations, orders, or regulations, which shall have the force and effect of law, to: "(1) Evacuate all or part of the population of an area of the city that has been stricken or is threatened, if necessary for the preservation of life or other disaster mitigation, response, or recovery effort. "(2) Prescribe routes, modes of transportation, and destinations in connection with an evacuation. "(3) Control ingress and egress to and from a disaster area and any areas that may be adversely effected by riot, unlawful assembly, threat of violence, or an imminent natural or man -made disaster, and may control the movement of persons and the occupancy of premises in those areas. "(4) Suspend or limit the sale, dispensing, or transportation of alcoholic beverages, firearms, explosives, or combustibles, including fuel for vehicles. "(5) Establish general or limited curfews and blockades, regulating or prohibiting any person from being, remaining, loitering, or congregating on any street, alley, park, public property, or any other place that may be specified. "(6) Suspend or limit the use of utilities. "(7) Implement other security measures necessary to protect life and secure property. "(8) Protect life and property by such means as are imminently necessary and authorized under law. DISASTER FEE WAIVER ORDINANCE 06172009.DOC —201— Page 2 of 2 "(9) Suspend or modify the formal bidding requirements for purchase of goods and services, as authorized by state law. "(10) Suspend or modify the requirements for an itinerant vendor's permit, electrician license, and similar regulations so as to give due consideration to the license, certificate, or other permit issued to a person by any state or any political subdivision of any state evidencing qualifications for professional, mechanical, or other skills, so that the person may render aid involving the skill to meet the emergency or disaster. "(11) Establish temporary emergency housing, for persons needing shelter, notwithstanding any limitations in the zoning ordinance, or deed restrictions. "(12) Establish temporary wage, price, and rent controls and other economic stabilization methods. "(13) Implement all or portions of the city's emergency management plan. "(14) Waive or reduce the technical construction codes fees in Section 14 -1313. "(b) The mayor may delegate the authority to issue additional implementing orders, which are necessary to carry out the mayor's orders and to protect the public health and welfare, to the city manager or another official designated by the city manager. "(c) The city council may continue, renew, enact, or terminate any of the measures enumerated in subsection (b)-(a) of this section." SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for its purpose. SECTION 3. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. DISASTER FEE WAIVER ORDINANCE 06172009.DOC —202— Page 3 of 3 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2009, by the following vote: Joe Adame Priscilla G. Leal Chris N. Adler John E. Marez Brent Chesney Nelda Martinez Larry Elizondo, Sr. Mark Scott Kevin Kieschnick That the foregoing ordinance was read for the second time and passed finally on this the day of , 2009, by the following vote. Joe Adame Priscilla G. Leal Chris N. Adler John E. Marez Brent Chesney Nelda Martinez Larry Elizondo, Sr. Mark Scott Kevin Kieschnick PASSED AND APPROVED, this the day of , 2009. ATTEST: Armando Chapa City Secretary APPROVED: 2 147 day of R. Jfl R$iing First Assistant City Attorney For City Attorney r Joe Adame Mayor DISASTER FEE WAIVER ORDINANCE 06172009.DOC —203— , 2009: 20 AGENDA ITEM: Item A: Item B CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: August 18, 2009 A Public Hearing and a Resolution Granting the Petition of the Veteran's Land Board of the State of Texas for Annexation of a 54.837 acres of land, located at the intersection of Carbon Plant Road and the eastern Interstate Highway 37 service road, into the City of Corpus Christi, Texas. Ordinance annexing 54.837 acres of land owned by the Veterans' Land Board of the State of Texas, located at the intersection of Carbon Plant Road and the eastern Interstate Highway 37 service road; providing that the owners and inhabitants are entitled to all rights, privileges, and burdens of other citizens and property owners of the City of Corpus Christi and are subject to and bound by the City Charter, ordinances, resolutions, and rules; providing for amendment of the official maps of the City of Corpus Christi; providing for severance; providing an effective date; and declaring an emergency. ISSUE: Approval of the petition for annexation will facilitate creation of a new Veteran's Cemetery in Corpus Christi. Currently, the 54.837 acre property is located outside city limits. Annexation by Petition allows for an expedited annexation process based on a request by the property owner for annexation. The City received a petition for annexation with a correct metes and bounds description of the property and an effective date of July 25, 2009. If the City Council approves the petition for annexation and the annexation, the property will then be requested to be zoned an "FR" Farm and Rural District. Annexation and zoning will extend the benefits / protections of the City's ordinances over the property. However, as a property owned by the State of Texas, the property is only constrained by the City's Zoning Ordinance and other City codes when the Veteran's Land Board agrees to the City's ordinances. One of the reasons the Veteran's Land Board has petitioned for annexation is the protection offered by the Oil and Gas ordinance requiring a permit for new oil and gas wells. A future street right -of -way annexation is also shown on for the adjacent Carbon Plant Road. The future right -of -way can be annexed in the future either by petition of the property owners which include the Port of Corpus Christi, Nueces County and TxDOT or unilaterally by the City. This secondary annexation will help to assure that city boundaries are easily recognizable in the field by law enforcement and citizens if there any traffic accidents on Carbon Plant Road. STAFF'S RECOMMENDATION: Approval of Items A and B REQUIRED COUNCIL ACTION: To conduct a public hearing and approval of Items A and B PREVIOUS COUNCIL ACTION: September 16, 2008, motion authorizing the City Manager to execute a Memorandum of Agreement between the Veterans Land Board of the State of Texas and Nueces County and the City of Corpus Christi for the establishment of a State Veterans Cemetery. CONCLUSION AND RECOMMENDATION: Approval of items A and B -207- Agenda Memo Veteran's Cemetery Annexation Page 2 Attachments 1. Background Information 2. Petition from the Texas Veterans Land Board 3. Resolution Granting a Petition for Annexation 4. Ordinance for Annexation -208- \441-1-- /X4/ Juan Perales' Interim Assistant City Manager johnnyp @cctexas.com 361 - 826 -3828 Agenda Memo Veteran's Cemetery Annexation Page 3 BACKGROUND INFORMATION • Historical Background: The 77th Texas State Legislature authorized the Veterans' Land Board of the State of Texas to own and operate up to seven (7) veterans' cemeteries throughout the state. A constitutional amendment was passed on November 6, 2001, to authorize funding for the planning, design, operation, maintenance, enlargement, or improvement of Veterans' Cemeteries. Subsequently, the 77th Texas State Legislature passed guidelines for the location and size of the State Veterans' cemeteries, including the site selection and eligibility requirements for burial in such cemeteries. After receiving a request for proposal from the Veterans' Land Board, Nueces County submitted a proposed cemetery site on a 54.837 acre tract of land (Subject Property) located at the northwest corner of Carbon Plan Road. On October 27, 2005, the Veterans' Land Board committee met and conditionally approved the site. On September 16, 2008, the City Council approved a motion to authorize the City Manager to execute a memorandum of agreement between the Veterans Land Board of the State of Texas and Nueces County and the City of Corpus Christi for the establishment of a State Veterans Cemetery. Provision number 10 of the agreement states that the City will use its best efforts to annex the Site into the City of Corpus Christi, pursuant to Section 43.028, Authority of municipalities to Annex Sparsely Occupied Area on Petition of Area Landowners, of the Texas Local Government Code. • State Statute 43.028 of the Local Government Code for Municipalities to Annex Sparsely Occupied Area on Petition of Area Land Owners is contained in Attachment 2. Statute 43.028 allows a municipality to annex land by petition of the property owner under the following conditions: o The area must be 0.50 miles in width or less; o The area must have a contiguous boundary with the existing city limit; and o The area must be vacant and without residents or on which fewer than three qualified voters reside. The 54.837 acre tract is approximately 2,236 feet by 1,308 feet measured at its widest point or 0.42 miles bv 0.24 miles. Therefore the tract is less than 0.50 miles wide. The tract abuts the city limits line along the IH -37 right-of-way on the tracts southem edge. The tract is vacant and contains no dwellings or residents. Statute 43.028 also states that upon receipt of the petition the governing body of the municipality must act on the petition after the 5"' day of receipt of the petition but before the 30th day after receipt of the petition. The petition was originally received bv the City Manager's office on March 9, 2009. The Development Services Department determined that the petition contained errors in the legal description of the property on March 10"'. Two other revised legal descriptions were provided by the Texas Veterans' Land Board and each of those contained errors. A signed petitionif the correct legal description and an effective date of July 25 2009 was received on July 2`"h STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: CITY OF CORPUS CHRISTI § PETITION FOR ANNEXATION The VETERANS' LAND BOARD of the STATE OF TEXAS, (herein PETITIONER), is the sole owner of all interest in the surface of the hereinafter described land situated in Nueces County, Texas; do hereby petition and request the City Council of Corpus Christi, Texas to annex the hereinafter described land to the City of Corpus Christi, Texas and make said land a part of the City of Corpus Christi, Texas, said land being contiguous and adjacent to the existing city limits of Corpus Christi, Texas in addition to said land being the subject of a Memorandum of Agreement entered into by and between the PETITIONER, Nueces County Texas, and the City of Corpus Christi. Said land is described as follows: Being 54.837 acres of land, more or less out of a 2.158 acre tract recorded in Document No. 2004035681, Official Public Records of Nueces County, Texas, and out of a 34.19 acre tract recorded in Volume, 2130, Page 84, Deed Records of Nueces County, Texas, and out of a 54.91 acre tract recorded in Volume 1713, Page 102, Deed Records of Nueces County, Texas, and also out of a 40 acre tract recorded in Volume 1810, Page 224, Deed Records of Nueces County, Texas, and this tract being out of Desiderio Martinez Survey 420, A -857, and Pedro Hinojosa Survey, A -850, and this 54.837 acre tract being more particularly described by metes and bounds as follows: Beginning at a found 5/8 -inch iron rod for the southeast corner of this tract and said 34.19 acre tract, said comer also being the southwest comer of a 1.17 acre tract recorded in Volume 1810, page 224, Deed Records of Nueces County, Texas, and said corner being on the north right —of -way line of Interstate Highway 37; Thence N 59 -22 -23 W with the south boundary of this tract and said 34.19 acre tract, the same being the north right -of -way line of I.H. 37, 67.14 feet, to a found broken concrete monument for a corner of this tract; Thence N 57 -04 -52 W and continuing with the south boundary of this tract and said 34.19 acre tract, the same being the north right —of -way line of I.H. 37, 1499.83 feet, to a found TxDot concrete monument with a brass disk for a corner of this tract; 1 PETITION FOR ANNEXATION —210— Thence N 53 -29 -10 W and continuing with the south boundary of this tract and said 34.19 acre tract, the same being the north right -of -way line of I.H. 37, 400.92 feet, to a found TxDot concrete monument with a brass disk for a comer of this tract; Thence N 47 -18 -22 W and continuing with the south boundary of this tract and said 34.19 acre tract, the same being the north right -of -way line of I.H. 37, 256.03 feet, to the southwest comer of this tract, the same being the southeast corner of said 2.158 acre tract and said corner being the intersection of the north right -of -way line of I.H. 37 with the proposed east right -of -way line of the Joe Fulton Trade Corridor; Thence N 15 -54 -24 W with the west boundary of this tract and said 2.158 acre tract, the same being the proposed east right -of -way line of the Joe Fulton Trade Corridor, at 1.21 feet pass a found TxDot concrete monument with a brass disk, in all 138.00 feet to a found TxDOT concrete monument with a brass disk for a corner of this tract Thence N 08 -52 -34 E with the west boundary of this tract and said 2.158 acre tract, the same being the proposed east right -of -way line of the Joe Fulton Trade Corridor, 120.00 feet, to a found TxDot concrete monument with a brass disk for a corner of this tract; Thence N 65 -11 -10 E with the west boundary of this tract and the proposed east right -of -way line of the Joe Fulton Trade Corridor and entering said 2.158 acre tract, 72.11 feet, to a found TxDot concrete monument with a brass disk for an inside comer of this tract, said comer being on the east boundary of said 2.158 acre tract; Thence N 05 -25 -57 E with the west boundary of this tract and the proposed east right -of -way line of the Joe Fulton Trade Corridor, at 151.33 feet leave said 34.19 acre tract and enter said 40 acre tract, at 293.33 feet leave said 40 acre tract and enter said 54.91 acre tract, in all 317.17 feet, to set 5/8 -inch iron rod with cap for the northwest comer of this tract; Thence S 88 -44 -26 E with the north boundary of this tract, at 820.80 feet leave said 54.91 acre tract and enter said 40 acre tract, in all 1401.63 feet, to a set 5/8 -inch iron rod with cap for the north comer of this tract; Thence S 34 -47 -58 E with the north boundary of this tract, 1186.18 feet, to a set 5/8 -inch iron rod with cap for the northeast corner of this tract; Thence S 20 -59 -39 W with the east boundary of this tract, at 67.63 feet pass a found 5/8 -inch iron rod being the northwest comer of said 1.17 acre tract the same being the northeast corner of said 34.19 acre tract, in all 914.43 feet to the point of beginning and containing 54.837 acres of land, more or less. Note: Bearings are Slate Plane Grid bearings 2 PEn 1a gRTULNEXAT1oN VETERAN'S LAND B I,�,RD E. Patterson ommis oner exas General Land Office and Chairman, Veterans' Land Board Effective Date: JULY 25, 2009 APPROVED: Lontent Legal � Deputy Collitn- Gen CounselfrAlif Chief Clerk ir//_ CITY OF CORPUS CHRISTI By: Rile R. Escobar City Manager 41 .-,sac. ATTEST OR APPROVED: (if required) By Name: Title: COUNTY OF NUECES By: Samuel Loyd Neal, Jr. County Judge Date: APPROVED: By: Diana Barrera Nueces County Clerk THE STATE OF TEXAS COUNTY OF travis BEFORE ME, the undersigned, a notary public in and for the State of Texas, on this day personally appeared Jerry Patterson, known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of said Veterans Land Board of the State of Texas, and that he has executed the same as the act of such Veterans Land Board of the State of Texas for the purposes and consideration therein expressed, and in the capacity therein stated. Giv> 1 under my hand and seal of office this the 1 1MA.. day of (—'— 2009. Notary ' u r" d for State of Texas 3 PETITION FOR ANNEXATION —212— rkf. ...ant. NOTARY WITHOUT BOND Candy Owens Notary Public State of Texas My Commission Expires December 02, 2011 1 Page 1 of 4 RESOLUTION GRANTING THE PETITION OF THE VETERAN'S LAND BOARD OF THE STATE OF TEXAS FOR ANNEXATION OF 54.837 ACRES OF LAND, LOCATED AT THE INTERSECTION OF CARBON PLANT ROAD AND THE EASTERN INTERSTATE HIGHWAY 37 SERVICE ROAD, INTO THE CITY OF CORPUS CHRISTI, TEXAS WHEREAS, the Veterans' Land Board of the State of Texas filed a petition for annexation of 54.837 acres of land, owned by the Veteran's Land Board, and located at the intersection of Carbon Plant Road and the eastern Interstate Highway 37 service road, that will be used for a veteran's cemetery, with the City Secretary on August 10, 2009; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Council grants the Petition for Annexation filed with the City Secretary by the Veterans' Land Board of the State of Texas on the 10th day of August, 2009, and presented to the City Council of the City of Corpus Christi on the 18th day of August, 2009, requesting the that the following land be annexed to the City of Corpus Christi, Texas, to -wit: Being 54.837 acres of land, more or less out of a 2.158 acre tract recorded in Document No. 2004035681, Official Public Records of Nueces Count, Texas, and out of a 34.19 acre tract recorded in Volume, 2130, Page 84, Deed Records of Nueces County, Texas, and out of a 54.91 acre tract recorded in Volume 1713, Page 102, Deed Records of Nueces County, Texas, and also out of a 40 acre tract recorded in Volume 1810, Page 224, Deed Records of Nueces County, Texas, and this tract being out of Desiderio Martinez Survey 420, A -857, and Pedro Hinojosa Survey, A -850, and this 54.837 acre tract being more particularly described by metes and bounds as follows: Beginning at a found 5/8 -inch iron rod for the southeast corner of this tract and said 34.19 acre tract, said corner also being the southwest corner of a 1.17 acre tract recorded in Volume 1810, page 224, Deed Records of Nueces County, Texas, and said corner being on the north right —of -way line of Interstate Highway 37; Thence N 59 -22 -23 W with the south boundary of this tract and said 34.19 acre tract, the same being the north right -of -way line of I.H. 37, 67.14 feet, to a found broken concrete monument for a corner of this tract; Thence N 57 -04 -52 W and continuing with the south boundary of this tract and said 34.19 acre tract, the same being the north right —of -way line of I.H. 37, 1499.83 feet, to a found TxDot concrete monument with a brass disk for a corner of this tract; Vet Cemetery Annexation Resolution 08102009 —213— Page 2 of 4 Thence N 53 -29 -10 W and continuing with the south boundary of this tract and said 34.19 acre tract, the same being the north right -of -way line of I.H. 37, 400.92 feet, to a found TxDot concrete monument with a brass disk for a corner of this tract; Thence N 47 -18 -22 W and continuing with the south boundary of this tract and said 34.19 acre tract, the same being the north right -of -way line of I.H. 37, 256.03 feet, to the southwest corner of this tract, the same being the southeast corner of said 2.158 acre tract and said corner being the intersection of the north right -of -way line of I.H. 37 with the proposed east right -of -way line of the Joe Fulton Trade Corridor; Thence N 15 -54 -24 W with the west boundary of this tract and said 2.158 acre tract, the same being the proposed east right -of -way line of the Joe Fulton Trade Corridor, at 1.21 feet pass a found TxDot concrete monument with a brass disk, in all 138.00 feet to a found TxDOT concrete monument with a brass disk for a corner of this tract, Thence N 08 -52 -34 E with the west boundary of this tract and said 2.158 acre tract, the same being the proposed east right -of -way line of the Joe Fulton Trade Corridor, 120.00 feet, to a found TxDot concrete monument with a brass disk for a corner of this tract; Thence N 65 -11 -10 E with the west boundary of this tract and the proposed east right -of -way line of the Joe Fulton Trade Corridor and entering said 2.158 acre tract, 72.11 feet, to a found TxDot concrete monument with a brass disk for an inside corner of this tract, said corner being on the east boundary of said 2.158 acre tract; Thence N 05 -25 -57 E with the west boundary of this tract and the proposed east right -of -way line of the Joe Fulton Trade Corridor, at 151.33 feet leave said 34.19 acre tract and enter said 40 acre tract, at 293.33 feet leave said 40 acre tract and enter said 54.91 acre tract, in all 317.17 feet, to set 5/8 -inch iron rod with cap for the northwest corner of this tract; Thence S 88 -44 -26 E with the north boundary of this tract, at 820.80 feet leave said 54.91 acre tract and enter said 40 acre tract, in all 1401.63 feet, to a set 5/8 -inch iron rod with cap for the north corner of this tract; Thence S 34 -47 -58 E with the north boundary of this tract, 1186.18 feet, to a set 5/8 -inch iron rod with cap for the northeast corner of this tract; Thence S 20 -59 -39 W with the east boundary of this tract, at 67.63 feet pass a found 5/8 -inch iron rod being the northwest corner of said 1.17 acre tract the same being the northeast corner of said 34.19 acre tract, in all 914.43 feet to the point of beginning and containing 54.837 acres of land, more or less. Vet Cemetery Annexation Resolution 08102009 —214— Page 3 of 4 Note: Bearing are State Plane Grid bearings ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Joe Adame City Secretary Mayor APPROVED: 10th day of August, 2009. R. J,ay Rei g First Ass' ant City A ' . rney For City Attorney Vet Cemetery Annexation Resolution 08102009 —215— Corpus Christi, Texas of , 2009 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry R. Elizondo, Sr. Kevin Kieschnick Priscilla Leal John E. Marez Nelda Martinez Mark Scott Vet Cemetery Annexation Resolution 08102009 —216— Page 4 of 4 Page 1 of 4 ORDINANCE ANNEXING 54.837 ACRES OF LAND OWNED BY THE VETERANS' LAND BOARD OF THE STATE OF TEXAS, LOCATED AT THE INTERSECTION OF CARBON PLANT ROAD AND THE EASTERN INTERSTATE HIGHWAY 37 SERVICE ROAD; PROVIDING THAT THE OWNERS AND INHABITANTS ARE ENTITLED TO ALL RIGHTS, PRIVILEGES, AND BURDENS OF OTHER CITIZENS AND PROPERTY OWNERS OF THE CITY OF CORPUS CHRISTI AND ARE SUBJECT TO AND BOUND BY THE CITY CHARTER, ORDINANCES, RESOLUTIONS, AND RULES; PROVIDING FOR AMENDMENT OF THE OFFICIAL MAPS OF THE CITY OF CORPUS CHRISTI; PROVIDING FOR SEVERANCE; PROVIDING AN EFFECTIVE DATE; AND DECLARING AN EMERGENCY WHEREAS, the Veterans' Land Board of the State of Texas ( "Veterans' Land Board "), is the sole owner of all interest in the surface of a 54.837 acre tract of land, located at the intersection of Carbon Plant Road and the eastern service road of Interstate Highway 37, which is situated in Nueces County, Texas, and which is described in Exhibit A; WHEREAS, the Veterans' Land Board petitioned and requested the City Council of the City of Corpus Christi, Texas, to annex the land to the City of Corpus Christi, Texas, and make the tract of land a part of the City of Corpus Christi, Texas; WHEREAS, the Veterans' Land Board's land is contiguous and adjacent to the existing city limits of the City of Corpus Christi, Texas; WHEREAS, the Veterans' Land Board's is the subject of a Memorandum of Agreement entered into by and between the Veterans' Land Board, Nueces County Texas, and the City of Corpus Christi; WHEREAS, the City of Corpus Christi is authorized to annex the tract of land owned by the Veterans' Land Board, under the authority of Section 43.028, Texas Local Government Code; WHEREAS, the City of Corpus Christi desires to annex 54.837 acre tract of land owed by the Veterans' Land Board; WHEREAS, it has been determined by the City Council that the territory now proposed to be annexed lies wholly within the extraterritorial jurisdiction of the City of Corpus Christi; WHEREAS, it has been determined by the City Council that the territory now proposed to be annexed abuts and is contiguous and adjacent to the City of Corpus Christi; Vet Cemetery annexation 081 02009 — 2 17— Page 2 of 4 WHEREAS, it has been determined by the City Council that the territory now proposed to be annexed constitutes lands and territories subject to annexation as provided by the City Charter of the City of Corpus Christi and the laws of the State of Texas; and WHEREAS, it has been determined that it would be advantageous to the City and to its citizens and in the public interest to annex the lands and territory described in this ordinance. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That a 54.837 acre tract of land, now or formerly owned by the Veterans' Land Board, described in Document No. 2008047495, dated October 24, 2008, filed for record in Nueces County Deed Records, that lie between the current City limits and the southern shoreline of Nueces Bay are annexed to, brought within the corporate limits, and made an integral part of the City of Corpus Christi. The tract of land is described by metes and bounds in Exhibit A and by a map in Exhibit B of this ordinance. SECTION 2. That the owners and inhabitants of the tracts or parcels of land annexed by this ordinance are entitled to all the rights, privileges, and burdens of other citizens and property owners of the City of Corpus Christi, and are subject to and bound by the City Charter of the City of Corpus Christi, and the ordinances, resolutions, motions, laws, rules and regulations of the City of Corpus Christi and to all intents and purposes as the present owners and inhabitants of the City of Corpus Christi are subject. SECTION 3. That the official map and boundaries of the City and its extraterritorial jurisdiction, previously adopted and amended, are amended to include the territories described in this ordinance as part of the City of Corpus Christi, Texas. SECTION 4. That the City Manager or his designee is directed and authorized to perform or cause to be performed all acts necessary to correct the official map of the City and its extra territorial jurisdiction to add the territory annexed as required by law. SECTION 5. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of the 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. This ordinance goes into effect at 12:01 a.m, September 1, 2009. SECTION 7. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure on this the day of August, 2009. Vet Cemetery annexation 08102009 —218— ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: August 10, 2009 Zt R. Jag First Assistant Assistant City A rney For City Attomey Vet Cemetery annexation 06102009 —219— Page 3 of 4 Joe Adame Mayor Page 4 of 4 Corpus Christi, Texas day of , 2009 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: 1 /we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Joe Adame Mayor The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry R. Elizondo, Sr. Kevin Kieschnick Priscilla Leal John E. Marez Nelda Martinez Mark Scott Vet Cemetery annexation 08102009 —220— EXHIBIT A Metes and Bounds Description Tract 1 Veterans' Land Board of State of Texas Property Being 54.837 acres of land, more or less out of a 2.158 acre tract recorded in Document No. 2004035681, Official Public Records of Nueces County, Texas, and out of a 34.19 acre tract recorded in Volume, 2130, Page 84, Deed Records of Nueces County, Texas, and out of a 54.91 acre tract recorded in Volume 1713, Page 102, Deed Records of Nueces County, Texas, and also out of a 40 acre tract recorded in Volume 1810, Page 224, Deed Records of Nueces County, Texas, and this tract being out of Desiderio Martinez Survey 420, A -857, and Pedro Hinojosa Survey, A -850, and this 54.837 acre tract being more particularly described by metes and bounds as follows: Beginning at a found 5/8 -inch iron rod for the southeast corner of this tract and said 34.19 acre tract, said corner also being the southwest corner of a 1.17 acre tract recorded in Volume 1810, page 224, Deed Records of Nueces County, Texas, and said corner being on the north right —of -way line of Interstate Highway 37; Thence N 59 -22 -23 W with the south boundary of this tract and said 34.19 acre tract, the same being the north right -of -way line of I.H. 37, 67.14 feet, to a found broken concrete monument for a corner of this tract; Thence N 57 -04 -52 W and continuing with the south boundary of this tract and said 34.19 acre tract, the same being the north right —of -way line of I.H. 37, 1499.83 feet, to a found TxDot concrete monument with a brass disk for a corner of this tract; Thence N 53 -29 -10 W and continuing with the south boundary of this tract and said 34.19 acre tract, the same being the north right -of -way line of I.H. 37, 400.92 feet, to a found TxDot concrete monument with a brass disk for a corner of this tract; Thence N 47 -18 -22 W and continuing with the south boundary of this tract and said 34.19 acre tract, the same being the north right -of -way line of I.H. 37, 256.03 feet, to the southwest corner of this tract, the same being the southeast corner of said 2.158 acre tract and said corner being the intersection of the north right -of- way line of I.H. 37 with the proposed east right -of -way line of the Joe Fulton Trade Corridor; Thence N 15 -54 -24 W with the west boundary of this tract and said 2.158 acre tract, the same being the proposed east right -of -way line of the Joe Fulton Trade Corridor, at 1.21 feet pass a found TxDot concrete monument with a brass disk, in all, 138.00 feet, more or less, for a corner of this tract; _2t4 Vet Cemetery annexation 08102009 Thence N 08 -52 -34 E with the west boundary of this tract and said 2.158 acre tract, the same being the proposed east right -of -way line of the Joe Fulton Trade Corridor, 120.00 feet, to a found TxDot concrete monument with a brass disk for a corner of this tract; Thence N 65 -11 -10 E with the west boundary of this tract and the proposed east right -of -way line of the Joe Fulton Trade Corridor and entering said 2.158 acre tract, 72.11 feet, to a found TxDot concrete monument with a brass disk for an inside corner of this tract, said corner being on the east boundary of said 2.158 acre tract; Thence N 05 -25 -57 E with the west boundary of this tract and the proposed east right -of -way line of the Joe Fulton Trade Corridor, at 151.33 feet leave said 34.19 acre tract and enter said 40 acre tract, at 293.33 feet leave said 40 acre tract and enter said 54.91 acre tract, in all 317.17 feet, to set 5/8 -inch iron rod with cap for the northwest corner of this tract; Thence S 88 -44 -26 E with the north boundary of this tract, at 820.80 feet leave said 54.91 acre tract and enter said 40 acre tract, in all 1401.63 feet, to a set 5/8- inch iron rod with cap for the north corner of this tract; Thence S 34 -47 -58 E with the north boundary of this tract, 1186.18 feet, to a set 5/8 -inch iron rod with cap for the northeast corner of this tract; Thence S 20 -59 -39 W with the east boundary of this tract, at 67.63 feet pass a found 5/8 -inch iron rod being the northwest corner of said 1.17 acre tract the same being the northeast corner of said 34.19 acre tract, in all 914.43 feet to the point of beginning and containing 54.837 acres of land, more or Tess. Note: Bearings are State Plane Grid bearings —2 ha .�,,. � ............. m...e..nr..,. nnln9nno EXHIBIT B MAP OF TRACTS BEING ANNEXED / i riz irt EXHIBIT B mattt. \.\ Poannb PlCYla Rq0 ROW AanYiYAn i A'' r"t' --,.1 'v s FUTURE TEXAS STATE VETERANS' CEMETERY 59.83 7ACS ---vX �H \ 3 Rh"r e i PROPOSED ANNEXATION (CARBON PLANT RD) TRACTS f & 2 TRACT Tj$4.237 ACC/ C YETEFANS ECETARY TRACT 2: A] rC.e] NYdY RR.1 ROW AMMO," Acres (1.325)j A NUKES CONRY PCR OF CORNS ASR C. STATE Of TEXAS Vet Cemetery annexation 08102009 -231 21 AGENDA MEMORANDUM PUBLIC HEARING — ZONING (City Council Action Date: August 18, 2009) Case No. C0609-02 CITY OF CORPUS CHRISTI - Zoning newly annexed land to a "F -R" Farm Rural District resulting in a change of land use from Vacant to Agricultural land use on 54.837 acres of land, more or less out of the following tracts: 1) A 2.158 acre tract recorded in document No. 2004035681, Official Public Records of Nueces County, Texas; 2) A 34.19 acre tract recorded in Volume 2130, Page 84, Deed Records of Nueces County, Texas; 3) A 54.91 acre tract recorded in Volume 1713, Page 102, Deed Records of Nueces County, Texas; and 4) A 40 acre tract recorded in Volume 1810, Page 224, Deed Records of Nueces County, Texas, and this tract being out of Desiderio Martinez Survey 420, A- 857, and Pedro Hinojosa Survey, A -850. Planning Commission's and Staff's Recommendation (,Tune 10, 2009): Approval to zone newly annexed land to a "F -R" Farm Rural Zoning District. Requested Council Action: Approval of the Planning Commission's and Staff's recommendation. Summary: • Request: The purpose of this request is to zone newly annexed property designated as a new veteran's cemetery. The 77th Texas State Legislature authorized the Veterans' Land Board of the State of Texas to own and operate up to seven (7) veterans' cemeteries throughout the state. A constitutional amendment was passed on November 6, 2001 to authorized funding for the planning, design, operation, maintenance, enlargement, or improvement of Veterans' Cemeteries. Subsequently, the 77th Texas State Legislature passed guidelines for the location and size of the State Veterans' cemeteries, including the site selection and eligibility requirements for burial in such cemeteries. After receiving a request for proposal from the Veterans' Land Board, Nueces County submitted a proposed cemetery site on a 54.837 acre tract of land (Subject Property) located at the northwest corner of Carbon Plan Road. On October 27, 2005, the Veterans' Land Board committee met and conditionally approved the site. On September 16, 2008, the City Council approved a motion to authorize the City Manager to execute a memorandum of agreement between the Veterans Land Board of the State of Texas and Nueces County and the City of Corpus Christi for the establishment of a State Veterans Cemetery. A signed agreement is contained in Attachment 12 . Provision number 10 of the agreement states that the City will use its best efforts to annex the Site into the City of Corpus Christi, pursuant to Section 43.028, Authority of municipalities to Annex Sparsely Occupied Area on Petition of Area Landowners, of the Texas Local Government Code. —227— • Existing Land Uses: The Subject Property is vacant land. Property to the north and east is vacant land. Property to the south is IH -37 and property to the west, across Carbon Plant Road is used for a light industrial use and a manufactured home dwelling. • Existing Zoning: Property must be annexed into the City before property is zoned; therefore the property does not have an existing zoning designation. • Proposed Zoning: The proposed zoning is to be the "F -R" Farm Rural District. According to the Zoning Ordinance the purpose of the "F -R" Farm Rural District is to permit the continued use of the land for agricultural property and to assist in the control of scattered commercial and industrial uses of the land. Additionally, the "F -R" Farm Rural District is a common designation for recently annexed property. Although, the City does not have the authority to enforce zoning regulations on State or Federal lands, it has been the long standing practice of the City to zone State or Federal lands, such as the Naval Air Station or Texas A &M University - Corpus Christi. Also, based on condition 10 in the Memorandum of Agreement, the Veteran's Land Board is not bound by zoning or platting requirements. • Transportation and Circulation: The subject property has access to Interstate 37 and Carbon Plant Road. Currently, IH -37 is a freeway /expressway and Carbon Plant Road is part of the Joe Fulton Corridor. • Infrastructure Demand: o Water: The subject property has a 16 inch pvc water line along the east side of Carbon Plant Road. o Wastewater: A 27" vcp wastewater line is located approximately 800 feet southeast of the subject property in the IH -37 right -of -way. o Stormwater: The proposed drainage master plan shows the western portion of the subject property in the River Run Subdivision and the eastem portion of the property in the West Guth Subdivision. • Public Safety: o Police: The subject property is to be served by the Corpus Christi Police Department and is to be located in the Directed Patrol District A20. Crime statistics up to 2005 show an upward trend from 251 crimes committed in 2000 to 351 crimes committed in 2003, however a decrease has occurred since that time to 312 crimes committed in 2005. The last year for which statistics are available is 2005. o Fire: The closest Fire Station is number twelve (12), located at 2120 Rand Morgan Rd. • Environmental Constraints: o FEMA Flood Zone: Zone C: Area of Minimal Flooding. o Soil Type: Victoria Clay • Relationship to Smart Growth (See Attachment 10, Principles of Smart Growth): Staff has rated the relationship of the rezoning request to Smart Growth Principles by rating the zoning a 10 on a scale of 100 points due to the nature of the proposed use of a cemetery. It is consistent with the adopted agreement between three entities. r�.mm ...mTni W ('(1Am. 9W l W N-IC Veterans remetary AGENDAMEMO.doe Smart Growth Principles which relate to the requested rezoning include: o Make development decisions predictable, fair and cost effective. (10 points) • Comprehensive Plan Consistency: The adopted Future Land Use Plan designates the subject property for Estate Residential and Commercial uses; therefore, the proposed "F -R Farm -Rural District is not consistent with the City's Comprehensive Plan and Future Land Use Map. The zoning may be considered consistent with the overall intent of the Comprehensive Plan policies since the proposed development is not more intensive than the planned future land use based on the policies below. Notification: Of the twelve (12) notices mailed to the surrounding property owners zero (0) notices were returned in favor and zero (0, 0.00 %), were returned in opposition. The 20% rule is not invoked. This case is considered noncontroversial. State law 20% rule is invoked when property owners who own 20% of the land within the 200 foot radius of the subject property are opposed. Invoking the 20% rule requires a three - quarters favorable vote of the City Council for a change of zoning to be approved, rather than a simple majority. Unless such proposed change is approved by the Planning Commission such change shall not become effective except by a favorable vote of a majority plus one of the City Council present and voting. Juan Perales, P. ., Interim Assistant City Manager of Development Services Email: johnnyp @cctexas.com Phone: 361-826-3828 FGM/akd Attachments: 1. Zoning Report 2. Planning Commission Minutes 3. Ordinance (and site plan if appropriate) Senior Planner IW -229 H1PLN- DIR \SHAREDU. PWnNne COmmisnumtl(MW CCIAue IMK05I19.111 Hetemib Cememry AGEHDAME.MO.due CITY COUNCIL ZONING REPORT Case No.: C0609 -02, City of Corpus Christi for Veteran's Land Board of the State of Texas, Proposed Veteran's Cemetery Planning Commission Hearing Date: June 10, 2009 Petitioners and Owners: Veterans Land Board of the State of Texas Owner: Nueces County and the Port of Corpus Christi Property Address: 3502 Carbon Plant Road Legal Description /Location: 54.837 acres of land, more or less out of the following tracts: 1) A 2.158 acre tract recorded in document No. 2004035681, Official Public Records of Nueces County, Texas; 2) A 34.19 acre tract recorded in Volume 2130, Page 84, Deed Records of Nueces County, Texas; 3) A 54.91 acre tract recorded in Volume 1713, Page 102, Deed Records of Nueces County, Texas; and 4) A 40 acre tract recorded in Volume 1810, Page 224, Deed Records of Nueces County, Texas, and this tract being out of Desiderio Martinez Survey 420, A -857, and Pedro Hinojosa Survey, A -850. From: Outside City Limits - no zoning To: "F -R" Farm and Rural District after annexation Area: 54.837 acres Purpose: To facilitate development of the Veterans' Land Board's proposed cemetery. —230— Zoning Existing Land Use Future Land Use Site Outside City Limits - no zoning Vacant Estate Residential and Commercial North Outside City Limits - no zoning Vacant Estate Residential South "R-1B" One Family Dwelling District and "B -IA" Neighborhood Business District IH -37 Freeway Public /Semi- Public and Commercial East "R -1B" One Family Dwelling District Vacant Estate Residential West Outside City Limits - no zoning Manufactured Home and Light Industrial use Commercial —230— Zoning Report Case #: C0609 -02, City of Corpus Christi Page 2 Area Development Plan: This tract of land is located within the Port/AirpordViolet Area Development Plan Study Area and is planned for estate residential and commercial uses. The proposed change in zoning is not consistent with the adopted Future Land Use Plan Map which designates the area for commercial uses. However, the proposed use will generate less traffic and have less impact on public infrastructure than the planned residential and commercial uses. Map No.: 046,037 Zoning Violations: None Staff's Summary: • Request: The purpose of this request is to zone newly annexed property designated as a new veteran's cemetery. The 77th Texas State Legislature authorized the Veterans' Land Board of the State of Texas to own and operate up to seven (7) veterans' cemeteries throughout the state. A constitutional amendment was passed on November 6, 2001 to authorized funding for the planning, design, operation, maintenance, enlargement, or improvement of Veterans' Cemeteries. Subsequently, the 77th Texas State Legislature passed guidelines for the location and size of the State Veterans' cemeteries, including the site selection and eligibility requirements for burial in such cemeteries. After receiving a request for proposal from the Veterans' Land Board, Nueces County submitted a proposed cemetery site on a 54.837 acre tract of land (Subject Property) located at the northwest corner of Carbon Plan Road. On October 27, 2005, the Veterans' Land Board committee met and conditionally approved the site. On September 16, 2008, the City Council approved a motion to authorize the City Manager to execute a memorandum of agreement between the Veterans Land Board of the State of Texas and Nueces County and the City of Corpus Christi for the establishment of a State Veterans Cemetery. Provision number 10 of the agreement states that the City will use its best efforts to annex the Site into the City of Corpus Christi, pursuant to Section 43.028, Authority of municipalities to Annex Sparsely Occupied Area on Petition of Area Landowners, of the Texas Local Government Code. • Existing Land Uses: The Subject Property is vacant land. Property to the north and east is vacant land. Property to the south is IH -37 and property to the west, across Carbon Plant Road is used for a light industrial use and a manufactured home dwelling. • Existing Zoning: Property must be annexed into the City before property is zoned; therefore the property does not have an existing zoning designation. • Proposed Zoning: The proposed zoning is to be the "F -R" Farm Rural District. According to the Zoning Ordinance the purpose of the "F -R" Farm Rural District is to permit the continued use of the land for agricultural property and to assist in the control of scattered commercial and industrial uses of the land. Additionally, the "F -R" Farm Rural District is a common designation for recently annexed property. Although, the City does not have the authority to enforce zoning regulations on State or Federal lands, it has been the long standing practice of the City to zone State or Federal lands, such as the Naval Air Station or Texas A &M University- Corpus Christi. Also, based on -231- Zoning Report Case #: C0609 -02, City of Corpus Christi Page 3 condition 10 in the Memorandum of Agreement, the Veteran's Land Board is not bound by zoning or platting requirements. • Transportation and Circulation: The subject property has access to Interstate 37 and Carbon Plant Road. Currently, I11-37 is a freeway /expressway and Carbon Plant Road is part of the Joe Fulton Corridor. The Future Transportation Plan calls for II-1-37 to remain as currently designated, but Carbon Plant Road is slated to be part of the proposed south loop expressway and to become a freeway /expressway designation. • Infrastructure Demand: o Water: The subject property has a 16 inch pvc water line along the east side of Carbon Plant Road. o Wastewater: A 27" vcp wastewater line is located approximately 800 feet southeast of the subject property in the I11-37 right -of -way. o Stormwater: The proposed drainage master plan shows the western portion of the subject property in the River Run Subdivision and the eastern portion of the property in the West Guth Subdivision. • Public Safety: o Police: The subject property is to be served by the Corpus Christi Police Department and is to be located in the Directed Patrol District A20. Crime statistics up to 2005 show an upward trend from 251 crimes committed in 2000 to 351 crimes committed in 2003, however a decrease has occurred since that time to 312 crimes committed in 2005. The last year for which statistics are available is 2005. o Fire: The closest Fire Station is number twelve (12), located at 2120 Rand Morgan Rd. • Environmental Constraints: o FEMA Flood Zone: Zone C: Area of Minimal Flooding. o Soil Type: Victoria Clay • Relationship to Smart Growth (See Attachment 10, Principles of Smart Growth): Staff has rated the relationship of the rezoning request to Smart Growth Principles by rating the zoning a 10 on a scale of 100 points due to the nature of the proposed use of a cemetery. It is consistent with the adopted agreement between three entities. Smart Growth Principles which relate to the requested rezoning include: o Make development decisions predictable, fair and cost effective. (10 points) • Comprehensive Plan Consistency: The adopted Future Land Use Plan designates the subject property for Estate Residential and Commercial uses; therefore, the proposed "F -R" Farm -Rural District is not consistent with the City's Comprehensive Plan and Future Land Use Map. The zoning —232— Zoning Report Case #: C0609 -02, City of Corpus Christi Page 4 may be considered consistent with the overall intent of the Comprehensive Plan policies since the proposed development is not more intensive than the planned future land use based on the policies below. • CORPUS CHRISTI POLICY STATEMENTS: SUPPORT ENACTMENT OF LIMITED PURPOSE ANNEXATION WHEN IT BECOMES LEGALLY AVAILABLE. When limited purpose annexation becomes available, it should be used where land use controls are needed and full annexation is not necessary. Limited purpose annexation allows a municipality to zone land and enforces building codes within its EJT without taxation. Use of limited purpose annexation will provide an opportunity to guide development according to adopted land use plans early in the development process and avoid many of the problems associated with annexation of substandard extra - territorial activities. Staff Comment: The annexation of the tract of land will allow for the establishment of the cemetery and for this specific purpose. MAINTAIN A HARMONIOUS RELATIONSHIP WITH THE MILITARY AND ENCOURAGE GROWTH OF ALL MILITARY FACILITIES. Obviously, the impact of the military on the local economy is great. With this in mind, every effort should be made to reasonably fulfill the needs of the military. A good example where the city has worked in cooperation with the military is the Homeport Project. According to the military, the success of the project was due, in part, to the city's harmonious and cooperative relationship with the military. DEVELOP A CONTINGENCY PLAN TO ALLOW FOR THE EXPANSION AND CONTRACTION OF MILITARY ACTIVITIES. A contingency plan should be made to accommodate possible expansion or reduction of military facilities. • PORT /AIRPORT/VIOLET AREA DEVELOPMENT PLAN (ADP) POLICY STATEMENTS: Future Land Use Suitability, the "most suitable land use" column indicates those land uses least likely to cause negative impacts to the surrounding area and which are thought to most directly benefit the public health, safety, and welfare of the community. Uses described as "also acceptable" might be permissible but they are likely to be negatively impacted by the most suitable use or surrounding uses unless steps are taken to buffer negative impacts. Steps that should be taken to prevent negative impacts and promote sensitive design are: b. Noise impacts from non - residential uses should be reduced by creating a buffer open space between the two areas. Such spaces may be landscaped areas, a street, a screening fence, larger setbacks, etc. These methods can be used singularly but are usually most effective when applied in combination to provide the desired effect. c. Placing low intensity activities next to single family uses. —233— Zoning Report Case #: C0609 -02, City of Corpus Christi Page 5 Staff Comment: The proposed cemetery is consistent with the policy statements of the corresponding area development plan which calls for low intensity use that may be adjacent to single family residential subdivisions. The cemetery may also act as an open space or buffer to the proposed south loop freeway. Traffic Count: Street R.O.W. Street Urban Transportation Plan Type Existing ROW and Paved Section Planned ROW and Paved Section Traffic Volume 2001 Interstate 37 F1 — Freeway/Expressway 400 feet 400 feet N/A Carbon Plant Rd. Local Street 50 feet 50 feet N/A Plat Status: The subject property is not platted. Staff Recommendation: Approval of the zoning request. Planning Commission Recommendation: Pending. Number of Notices Mailed Total — 10 within 200 foot notification area; 2 outside notification area Favor — 0 (inside notification area); 0 (outside notification area) Opposition — 0 (inside notification area); 0 (outside notification area) Attachments: 1. Neighborhood 2006 Aerial 2. Neighborhood — Existing Land Use 3. Neighborhood — Future Land Use 4. Site — 2006 Aerial 5. Subject Property 6. Site — Existing Zoning, Notice area, Ownership 7. Comments received from Public Notices mailed 8. Notice Mailing List 9. District Uses 10. Smart Growth Principles 11. City Charter — Article V- Planning —234— PROPOSED ANNEXATION CASE # 0609 -02 1. NEIGHBORHOOD - 2007 AERIAL Refer to Map 2a & 2b for Neighborhood Existing Land Use. Also available at www.cctexas.com Map Scale: 1:31,680 [OCATION MAF' • 'Lc /IV r • • • . • VT C - • • C(4, 'ni/ ir I ' rra 'Cr z/7 >0/ , • • SUBJECT: : pRopERri, • // 7--- L • ii•>--f-j. i / -Crirt:o VA( /4, ' {•-•4 , - 1•2 • L,‘ / 40,0 PROPOSED ANNEXATION CASE # 0609-02 2.a. NEIGHBORHOOD - EXISTING LAND USE El LDP Estate Residential - ER Low Density Res. - LUR rvaal Mad Density Res - Minn fi•ORI High Density . • Li Mobile Home - NIM 1. Vacant - VAC - fl Professional Office - PO ommercial - COM FEE Li Light Industrial - Li Heavy Industrial -1-11 1.7.3.,,.j Public Semi-Public - PSP I Park Drainage Corridor - DC CP Conservation/Preservation- CP E1 Water Map Scale: 1:10,000 \ • C. 1157 LOCATION MAP arSUEIJ-ECT - PROPERTY rokt, city cif ' Corpus Christi ee 5/19,1009,::, Prepared By SRR s. development Serves PROPOSED ANNEXATION CASE # 0609 -02 2.b. SITE- EXISTING LAND USE m LDR Estate Residential ER Low Density Res. -. LDR Med Density Res. - MDR - High Density Res. -, HDR Mobile Home - MH Vacant -. VAC PD I Professional Office- PC Commercial - COM VAC it Light. Industnal - Ll Heavy industrial - Hl Public Semi - Public - PSP Park &C Drainage Corridor - DC [.09"' Conservation/Preservation - CP Water Map Scale; 1; 2.400 SUBJECT PROPERTY IVIAPT City of Corpus Christi ER CP PROPOSED ANNEXATI 3.a. NEIGHBORHOOD - rAR1 Agricultural /Rural •AR El E tate Residential - ER 1 n-1 Low Density Res. • Li R -., d Der sity Res. -MDR 174 ',shy Res. - HDR __. I .b, r,. Home -MH __ - and - VAC Professional Office - PO !r�;al! Commercial • COM Tr ansportation Plan Proposau Arterials - - - -, Collectors - - --e Expressways FEE= Par ;4 way -1 -+f+ Railroad ON CASE # 0609 -02 FUTURE LAND USE Tourist- TOR sch /Business Park - RBP Jght Industrial - L I -lea% Industrial - H1 °u:,» Semi - Public -PSP Park Dr alnage Corridor - DC Orr: ge Placement • DP Water Conservation /Preservation • CP Map Scale: 1:10,000 1_,OCATION MAF' Uityof t'nrin c, Christi ccOty Lyy • Cjft7,/;' COM • ti SUBJECT PRQPERT!f. (I_i,, n mil✓ _ OM LDR COM 1 L PROPOSED ANNEXATION CASE # 0609 -02 3.b. SITE- FUTURE LAND USE Agricultural /Rural • AR - Tourist - TOR 1 Estate Residential - ER ?rj R- search /Business Park - RBP - Low Density Res. - LOR f Li ] Light Industrial - LI - ,sity Res. • MDR Heavl Industrial - HI .:j -^gh Density Res. - HOR Pub!- Semi - Public - PSP Ile Home - MH Park - 1 ,cant VAC - Drainage Corridor - DC ' on Tonal Office • PO "P Dredge Placement - DP _ art ,.. ✓cial -COM l ] Water GP Conservation/Preservation • CP Transportation Plan r. .4 +Ierre!s Collector ramae. Ex pi osslvays ur- -. Parkway } Rol :road Map Scale: 12.400 1 "it C it. rf Col—pits Christi h?•WO,MAC: c'a , ' TRACT` D' BttiJt: B O F'JJ.P T PROPOSED ANNEXATION CASE # 0609 -02 4. SITE- 2007 AERIAL Refer td Ma.? 2'or Neighborhood E•::r!n, La.si Use 41so available di ,.. !.l..c; te.:as.com N.; 1 l) SQUARE UNIT I4 I bar 32 30 29 28 F 4! 22 r ACKYA...ND A` .00 TPA GT *+yw `N .8 SLUE dip: j N Ls z0 EOPL WE2ft4JTH PA 1121 a 1 a I N 2 6 PROPOSED ANNEXATION CASE # 0609 -02 5. SUBJECT PROPERTY Subject Properly B -4 S 9; °°9 U- DIYaTd Y�( �Pirpm t e ces \�1tbey �%�p��tSerrecss SUBJECT PROPERTY LOCATION MAP1 / J1 S S E� 38, I 1 I10d 7 4/Y 13 I Ib 9 4T 8 800 re [ P S PROPOSED ANNEXATION CASE # 0609 -02 6. SITE - EXISTING' ZONING, NOTICE AREA & OWNERSHIP HE Professional ©nice Di5irItI AT Arai In nt Tcurisst LLstrict B -1 ITemikboihoorl sine r D>roIFt B14 Nel9borhoai Business Deem E-2 Bayfrort Busness :Dlsttct BRA bainer Island Business District E -3 Easiness Distinct B-4 General Busio DisTIct 83 Ripon; Buoiitee Qistrir B-3 Primer, Business Core District ED Cori LIS Chrisll Beach Design DISC F-R Fend' Rdi al Dlstiise H4 .Ni ti- cal - Cultural Landmark Preservation 101 OD' 1 -1 Limited Industrial District 1-2 Light Industrial District 1-3 Heary Industrial Distict PIJD Panned Unit I eeelor uent $- e Ore FandlyPeeking Dist rot R= B One Peirrly Cradling Dbvlct R -ir or- Family Datilt 9 'nowt 12-2 Multiple Doe ling DisMCt RA One Family Deer gDis strict RE Residential DVSs...Ds:um R- H ioandauge °selling District SP Spaniel Permit t-1.A TIilvei Trailer Park Piste" Tel B Manufaeturad Hine Peek District .i P. Manufactured Hume 9 bdisD on District A Owners wo sad at afrache same/olio ab!e Am- y. Ctvr=ra, nI DeDo tiiaa SUBJECT) PROPERTY 1 LOCATION MAP COMMENTS RECEIVED FROM PUBLIC NOTICES MAILED Case No: 00609 -02 Name: The City of Corpus Christi Circled = FAVOR X = OPPOSED (Note: The number(s) next co name corresponds to the attached map.) Total number mailed: 10 Returned undeliverable: 2 I. Notices returned from within the 200 -foot notification area: Favor: 0 Opposition: II. Responses received from outside the 200 -foot notification area: Favor: 0 Opposition: 0 III. Responses received from owners /applicants of subject area: Favor: 6 Opposition: 0 IV. Unsolicited responses received concerning subject area: Favor: 0 Opposition: 0 H:1IN.N -1) IleS1 lARED11. Pluming Ca2> &4cra(11) P02009 Public CgmmcntAantl4 -02Auc ; ! WEE; : g \. § §§ § §r ) | 1700 N CONGRESS AVE AUSTIN \ 2222` 2 2 0 0 | | 00 )\\}) ( 0 ) XX XXXXOX 0 §| (30/00§ 0 - 0 00000000000 §|0§„ 0000 0 0 (000! (000000 -252- - 19 - ARTICLE 4A. "F -R" FARM -RURAL DISTRICT REGULATIONS Section 44-1 The regulations set forth in this article, or set forth elsewhere in this Ordinance when referred to in this article, are the regulations in the "F -R" Farm -Rural District. The purpose of this district is: A. To permit the continued use of the land for agricultural property; B. To assist in the control of scattered commercial and industrial uses of the land. Section 4A -2 Use Regulations. A building or premises shall be used only for the following purposes: ( 1) Single- family dwellings, other than manufactured homes, for residences of owners and tenants, other' members of their families, and their employees. (Ordinance 22851, 02/18/97) ( 2) Temporary farm labor camps other than manufactured homes, incident and necessary to the gathering of the crops growing on the premises. (Ordinance 22851, 02/18/97) (3) Field and truck crops. ( 4) Orchards and vineyards. ( 5) Greenhouses and nurseries. (6) Brush land and pasture land. ( 7) Livestock ranches, except swine, and guest ranches. (8) Sale and storage of hay and straw. ( 9) Oil and gas wells and appurtenances. (10) Schools, colleges, churches, public parks, golf courses, and other similar public and semi - public uses. (11) Home occupations. (12) Railroad right -of -ways, including a strip of land with tracks and auxiliary facilities for track operations, but not including passenger stations, freight terminals, switching and classification yards, repair shops, roundhouses, power houses, interlocking towers, and fueling, sanding and watering stations. (13) Telecommunications facility, subject to the limitations in Article 27C. (Ordinance 23612, 04/13/99) (14) Accessory buildings and uses including but not limited to: (a) Temporary sales stands for the sale of farm or ranch products produced on the premises, provided only one such stand may be used on each farm or ranch, and shall be located not closer than 30 feet from an adjoining property line, and not less than 40 feet from the roadway. (b) One temporary non - illuminated sign not to exceed forty (40) square feet in area and not to exceed thirty-five (35) feet in height nor overhang or project into the public right-of-way and pertain only to the products sold at the temporary sales stand or pertaining to such other permitted uses in this district. 02/08 F -R -253- - 20 - (c) Temporary non - illuminated signs pertaining to the lease, hire, or sale of a building or premises on which such sign is located, may not exceed the following parameters: 25687, 03/30/04) (1) For properties developed with single - family uses, the sign may not exceed six (6) square feet, including rider signs, and in addition allow the use of one letter -sized flyer box per premise. Only on sign per street frontage is allowed. (2) For undeveloped properties containing not less than three (3) acres and not more than five (5) acres, the sign may not exceed a height of eight (8) feet and a sign area of sixteen (16) square feet. Only one sign per street frontage is allowed. The use of one letter -sized flyer box per premise is permitted. (3) For undeveloped properties exceeding five (5) acres, the sign may not exceed a height of eight (8) feet and a sign area of 32 square feet. Only one sign per street frontage is allowed. The use of one letter -sized flyer box per premise is permitted. For the purposes of this section, street frontage includes frontage along a canal or a golf course. (15) If approved as a Specific Use Permit (SUP) under Article 25A, a bed and breakfast home (B &B) or bed and breakfast home with special events (B &B /SE). (Ordinance 24580, 09/11/01) Section 4A -3 Parking Regulations. The parking regulations for permitted uses are contained in Article 22 of this Ordinance. For temporary sales stands permitted in this district, there shall be a minimum of five (5) off -street parking spaces provided and so arranged that ingress and egress to such spaces are from driveways approved by the Traffic Engineer of the City of Corpus Christi. Section 4A-4 Off- street Loading Regulations. The off -street loading regulations for permitted uses are contained in Article 23. For any use not contained in Article 23, no off - street loading regulations apply except that loading and unloading shall take place off any public right -of -way. Section 4A -5 Area Regulations. The lots in this area shall have an area of five (5) acres or more. Section 4A-6 Supplementary height and area regulations are contained in Article 27. 02/08 -254- F -R Attachment 10 Zoning Case: 0609 -01 Veteran's Cemetery; From: Outside City Limits to "F -R" Farm Rural District Rating Max. 100 1. Mix land uses. 0 2. Take advantage of compact building design. 0 3. Create a range of housing opportunities and choices. 0 4. Create walkable neighborhoods. 0 5. Foster distinctive, attractive communities with a strong sense of place. 0 farmland, beauty, and critical environmental areas 0 6. Preserve open space, natural 7. Strengthen and direct development toward existing communities. 0 8. Provide a variety of transportation choices. 0 9. Make development decisions predictable, fair and cost effective. 10 10. Encourage community and stakeholder collaboration in development decisions. 0 Staff Smart Growth Rating 10 —255— Zoning Report Case #: 0609 -01, Veteran's Cemetery Page 7 City Charter — Article V Attachment 11 ARTICLE V. PLANNING Sec. 1. Purpose and Intent. The city council shall establish comprehensive planning as a continuous governmental function in order to guide, regulate, and manage future development and redevelopment within the corporate limits and extraterritorial jurisdiction of the city to assure the most appropriate and beneficial use of land, water and other natural resources, consistent with the public interest. Sec. 2. Organization of Planning Conunission. A planning commission is hereby established which shall consist of nine registered voters of the city. The members of the commission shall be appointed by the city council for staggered terms of three years. The commission shall elect a chairperson from among its membership each year at the first regular meeting in August and shall meet not less than once each month. Any vacancy in an unexpired term shall be filled by the city council for the remainder of the term. Sec. 3. Power and Duties of Planning Commission. (a) The planning commission shall: (1) Reviews and make recommendations to the city council regarding the adoption and implementation of a comprehensive plan, any element or portion thereof, and any amendments thereto; (2) Review and make recommendations to the city council on all proposals to adopt or amend land development regulations for the purpose of establishing consistency with the comprehensive plan; (3) Monitor and oversee the effectiveness of the comprehensive plan, review and make recommendations to the council on any amendments to the plan, and forward to the council comprehensive updates to the plan at least once every five years; (4) Review and make recommendations to the city council regarding zoning or zoning changes in a manner to insure the consistency of any such zoning or changes in zoning with the adopted comprehensive plan; (5) Exercise control over platting and subdividing land within the corporate limits and the extraterritorial jurisdiction of the city in a manner to insure the consistency of any such plans with the adopted comprehensive plan; and (6) Review and make recommendations to the city council on the city's annual budget and any capital improvement bond program. (b) The departments of the city government shall cooperate with the planning commission in furnishing it such information as is necessary in relation to its work. (c) The commission shall be responsible to and act as an advisory body to the council and such additional duties and exercise such, additional powers as may be prescribed by ordinance of the council. Sec. 4. The Comprehensive Plan. The city council shall adopt by ordinance a comprehensive plan, which shall constitute the master and general plan of the city. The comprehensive plan shall contain the city's policies for growth, development and aesthetics for the land within the corporate limits and the extraterritorial jurisdiction of the city, or for portions thereof, including neighborhood, community and, area -wide plans. The comprehensive plan shall include the following elements: (I) A future land -use element; (2) An annexation element; (3) A transportation element; (4) An economic development, element; (5) A public services and facilities element, which shall include a capital improvement program; (6) A conservation and environmental resources element; and (7) Any other element the city council may deem necessary or desirable in order to further the above objectives. Each element of the comprehensive plan shall include policies for its implementation and shall be implemented, in part, by the adoption and enforcement of appropriate land development regulations and other ordinances, policies and programs. After at least one public hearing, the planning commission shall forward the proposed comprehensive -256- Zoning Report Case #: 0609 -01, Veteran's Cemetery Page 8 plan, or element or portion thereof, to the city manager, who shall submit such plan, or element or portion thereof, to the city council with his or her recommendations. The city council may adopt, or adopt with changes or amendments, the proposed comprehensive plan, or element or portion thereof, after at least one public hearing. The city council shall act on the plan, or element or portion thereof, within sixty days following its submission by the city manager. If the plan should be rejected by the council, it shall, with policy directions to the commission, return the plan to the planning commission which may reconsider the plan and forward it to the city manager for submission to the council in the same manner as originally provided. All amendments to the comprehensive plan recommended by the planning commission shall be forwarded to the city manager and shall be subject to review and adoption in the same manner as for the original adoption of the comprehensive plan as set forth in this section. Sec. 5. Legal Effect of Comprehensive Plan. All city improvements, ordinances and regulations, shall be consistent with the comprehensive plan. In the case of a proposed deviation to the adopted plan, or any element or portion thereof, the planning commission shall communicate its recommendations to the council which may approve or disapprove such deviation. Sec. 6. Platting Property. The city shall not pay for the property used for streets and alleys within any subdivision, but the same shall, when platted, be dedicated to such use and shall become the property of the city and shall be maintained as such. The city shall not grant any permit to construct or enlarge any house or structure within the city until a plat shall be approved and filed. -257- MINUTES REGULAR PLANNING COMMISSION MEETING Council Chambers- City Ball Wednesday, June 10, 2009 5:30 P.M. COMMISSIONERS: Rudy Garza, Chairrnan A. Javier Hucrtn, Vice - Chairman James Skrobarczyk John C. l:uncz Johnny R. Martinez Dion J. Kelly Govincl Nadkarni Mark Adame John'faylor STAFP: Johnny Peralcs, P.F., interim Assistant City Manager Development Scivices Faiyce Goode- Macon, Assistant Director of Development Services/Planning Miguel S. Saldaria, AIOP, Senior City Planner Lisa Wargo, Senior City Planner Andrew Dimas, Planning Technician Jay Reining, First Assistant City Attorney Elena Juarez, Recording Secretary Si ustcd quiere dirigirse a la comision y au ingles es timitado, habra un interprete de espanol a ingles en la junta pars ayudar[e L CALL TO ORDER A quorum was declared and the meeting was called to order at 5:33 p.rn. IV, PUBLIC REARING AGENDA 1't'EMS B. ZONING 2. NEW ZONING h. Case No, C0609-02 City of Corpus Christi - Consider coning on property that is proposed for annexation, currently outside city limits and not tuned, to an "F -R" farm -Rural District to facilitate a change of land use from vacant farm land to a Veterans I. and Board State of Texas Cemetery Being 54.837 acres of land more or less out of a 2.158 acre tract recorded in Document No. 2004035681, 011icial Public RecordsofNucecs County, Texas and out of a 34.19 acre tract recorded in Volume 2130, Page 84, Deed Records of Nueces County, Texas, and out of a 54.91 acre tract recorded in Volume 1711 Page 102, Deed Records ofNucces County, Texas, and also out of a 40 acre tract recorded hi Volume 1810, Page 224, Deed Records of Nucccs County, Texas, and this tract being out of Desiderio Martinez Survey 420, A -857, and Pedro liinojosa Survey, A.850. Mr. Andrew Dimas, Development Services presented the above case via PowerPoint presentation. Mr. Dimas stated the subject property is approximately 55 acres and is outside the City Limits (OCW2Atg Dimas stated the City is requesting a rezoning to "F -W' Farm Rural District and the properly is (generally located along JN 17 at the intersection with Carbon Plant Road. Mr. Dimas stated the rezoning request is for the purpose: of a Veteran's Cemetery. Mr. Dimas stated the purpose of the "F -R" District is to provide for continued agricultural and cultivation. Mr. Dimas also stated this district also assists in the control of scattered commercial and industrial uses. Mr. Dimas slated "F -R" District use regulations pennit single family dwellings, farm labor camps, field and truck craps, brush and pasture land, livestock ranches except swine and guest ranches and oil and gas wells. Mr. Dimas added Karns and accessory buildings are also permitted. Mr. Dimas stated there is. a minimum lot size of five (5) acres. Mr. Dirrlas stated of the eleven (I I) notices mailed out zero (0) were returned in favor and zero (0) were returned in opposition. Mr. Dimas staled staff recommends approval of the zoning request to the "F -R" Farm -Rural Toning District from the former tract of land outside of the city limits. Public hearing was opened. No one carne forward in favor or opposition. Public hearing was closed, A motion to approve staff's recommendation was made by Commissioner Tamez and seconded by' Commissioner Skrobarczyk. Motion passe] unanimously. Pll Y.Nd111cSHARF.U'SON NUPE NN : ?•G COMMISt_OS.}•111UTE5`:0094 -10-'7 y'NOI I.ti IXX' -259- Page 1 of 4 ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF CORPUS CHRISTI IN REFERENCE TO NEWLY ANNEXED PROPERTY OWNED BY THE VETERANS' LAND BOARD OF THE STATE OF TEXAS, LOCATED AT THE INTERSECTION OF CARBON PLANT ROAD AND THE INTERSTATE HIGHWAY 37 EAST SERVICE ROAD, AS A "F -R" FARM -RURAL DISTRICT; AMENDING CONFLICTING PROVISIONS OF THE CITY'S COMPREHENSIVE PLAN; REPEALING CONFLICTING ORDINANCES; PROVIDING FOR SEVERENCE; PROVIDING FOR PENALTIES; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, under Section 31 -1, Corpus Christi Zoning Ordinance, all territory annexed to the City of Corpus Christi, Texas, shall be zoned after a notice is published at least one time in a newspaper of general circulation before the 15th day before the date of the hearing; WHEREAS, unless the determination is made that a zoning district classification other than "F -R" Farm -Rural District is in conformity with the Comprehensive Plan and that adequate public services are available, the territory must be zoned "F -R" Farm -Rural District; WHEREAS, the Planning Commission has forwarded to the City Council its report and recommendation concerning the amendment to the zoning map of the City of Corpus Christi for property, owned by the Veterans' Land Board of the State of Texas, that has been annexed into the City; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, June 10, 2009, during a meeting of the Planning Commission, and on Tuesday, August 18, 2009, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve public health, necessity, and convenience and the general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Zoning Map of the City of Corpus Christi, Texas, is amended by designating the zoning of property owned by the Veteran's Land Board of the State of Texas, which is located at the intersection of Carbon Plant Road and the Interstate Highway 37 Access Road, and which is described in Exhibit A, which is attached to and .incorporated into this ordinances, as a "F -R" Farm -Rural District. Vet Cemetary Zoning 08042009.docVET CEMETARY ZONING 08042009.DOC —260— Page 2 of 4 SECTION 2. That the Corpus Christi Zoning Ordinance and Zoning Map, approved on the 27th day of August, 1973, 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 3. That to the extent that this amendment to the Corpus Christi Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Corpus Christi Zoning Ordinance, as amended by this ordinance. SECTION 4. That any ordinance or part of any ordinance in conflict with this ordinance is expressly repealed by this ordinance. 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 A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable under Section 35 -3, Corpus Christi Zoning Ordinance. SECTION 7. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 8. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure on this the 18th day of August, 2009. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Vet Cemetery Zoning 08042009VET CEMETERY ZONING2V 12.209 Joe Adame Mayor Page 3 of 4 APPROVED: August 4, 2009 R. J4 fteing First Assistant City Attorney For City Attorney Vet Cemetery Zoning 08042009VET CEMETERY ZONIN2 6S42009 Page 4 of 4 Corpus Christi, Texas day of , 2009 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, Joe Adame Mayor The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry R. Elizondo, Sr. Kevin Kieschnick Priscilla Leal John E. Marez Nelda Martinez Mark Scott Vet Cemetery Zoning 08042009VET CEMETERY ZONING 246009 EXHIBIT A METES AND BOUNDS Being 54.837 acres of land, more or less out of a 2.158 acre tract recorded in Document No. 2004035681, Official Public Records of Nueces Count, Texas, and out of a 34.19 acre tract recorded in Volume, 2130, Page 84, Deed Records of Nueces County, Texas, and out of a 54.91 acre tract recorded in Volume 1713, Page 102, Deed Records of Nueces County, Texas, and also out of a 40 acre tract recorded in Volume 1810, Page 224, Deed Records of Nueces County, Texas, and this tract being out of Desiderio Martinez Survey 420, A -857, and Pedro Hinojosa Survey, A -850, and this 54.837 acre tract being more particularly described by metes and bounds as follows: Beginning at a found 5/8 -inch iron rod for the southeast corner of this tract and said 34.19 acre tract, said corner also being the southwest corner of a 1.17 acre tract recorded in Volume 1810, page 224, Deed Records of Nueces County, Texas, and said corner being on the north right —of-way line of Interstate Highway 37; Thence N 59 -22 -23 W with the south boundary of this tract and said 34.19 acre tract, the same being the north right -of -way line of I.H. 37, 67.14 feet, to a found broken concrete monument for a corner of this tract; Thence N 57 -04 -52 W and continuing with the south boundary of this tract and said 34.19 acre tract, the same being the north right —of -way line of I.H. 37, 1499.83 feet, to a found TxDot concrete monument with a brass disk for a corner of this tract; Thence N 53 -29 -10 W and continuing with the south boundary of this tract and said 34.19 acre tract, the same being the north right -of -way line of I.H. 37, 400.92 feet, to a found TxDot concrete monument with a brass disk for a corner of this tract; Thence N 47 -18 -22 W and continuing with the south boundary of this tract and said 34.19 acre tract, the same being the north right -of -way line of I.H. 37, 256.03 feet, to the southwest corner of this tract, the same being the southeast corner of said 2.158 acre tract and said corner being the intersection of the north right -of- way line of I.H. 37 with the proposed east right -of -way line of the Joe Fulton Trade Corridor; Thence N 15 -54 -24 W with the west boundary of this tract and said 2.158 acre tract, the same being the proposed east right -of -way line of the Joe Fulton Trade Corridor, at 1.21 feet pass a found TxDot concrete monument with a brass disk, in all 138.00 feet to a found TxDOT concrete monument with a brass disk for a corner of this tract, A -1 Vet Cemetery Zoning 08042009VET CEMETERY ZOM121:6013942009 Thence N 08 -52 -34 E with the west boundary of this tract and said 2.158 acre tract, the same being the proposed east right -of -way line of the Joe Fulton Trade Corridor, 120.00 feet, to a found TxDot concrete monument with a brass disk for a corner of this tract; Thence N 65 -11 -10 E with the west boundary of this tract and the proposed east right -of -way line of the Joe Fulton Trade Corridor and entering said 2.158 acre tract, 72.11 feet, to a found TxDot concrete monument with a brass disk for an inside corner of this tract, said corner being on the east boundary of said 2.158 acre tract; Thence N 05 -25 -57 E with the west boundary of this tract and the proposed east right -of -way line of the Joe Fulton Trade Corridor, at 151.33 feet leave said 34.19 acre tract and enter said 40 acre tract, at 293.33 feet leave said 40 acre tract and enter said 54.91 acre tract, in all 317.17 feet, to set 5/8 -inch iron rod with cap for the northwest corner of this tract; Thence S 88 -44 -26 E with the north boundary of this tract, at 820.80 feet leave said 54.91 acre tract and enter said 40 acre tract, in all 1401.63 feet, to a set 5/8 -inch iron rod with cap for the north corner of this tract; Thence S 34 -47 -58 E with the north boundary of this tract, 1186.18 feet, to a set 5/8 -inch iron rod with cap for the northeast corner of this tract; Thence S 20 -59 -39 W with the east boundary of this tract, at 67.63 feet pass a found 5/8 -inch iron rod being the northwest corner of said 1.17 acre tract the same being the northeast corner of said 34.19 acre tract, in all 914.43 feet to the point of beginning and containing 54.837 acres of land, more or less. Note: Bearing are State Plane Grid bearings A -2 Vet Cemetery Zoning 08042009VET CEMETERY ZON e5Q4.2009 22 AGENDA MEMORANDUM PUBLIC HEARING — ZONING (City Council Action Date: August 18 , 2009) Case No. 0609 -01 Scott Ellison/Carl Howard: A change of zoning from an "F -R" Farm and Rural District to a `B -2A" Barrier Island Business District resulting in a change of land use from vacant to develop the property for Commercial uses in the future described as 12.25 acres out of 12.95 acre tract of land out of the William Bryan Survey, A -46, recorded in Volume 1854, Page 421 of the Deed of Records of Nueces County, Texas, generally located northwest of State Highway 361, approximately 1.46 miles north of Zahn Road, across from Mustang Island Park. Planning Commission's and Staff's Recommendation (July 8, 2009): Approval of the Applicant's request for a change in zoning from the "F -R" Farm -Rural District to the `B -2A" Barrier Island Business District for future commercial use. Requested Council Action: Approval of the Planning Commission's and Staff's Recommendation. Staff's Summary: • Request: The applicant is requesting a change of zoning on 12.25 acres of the 12.95 total acres onsite, from the "F -R" Farm -Rural District to the `B -2A" Barrier Island Business District in order to develop the property for Commercial uses in the future. • Background: This case was previously heard by the Planning Commission at the June 10, 2009 Planning Commission meeting. The case was reheard by the Planning Commission at the July 8, 2009 Planning Commission Meeting due to an error in the noticing map. At the June 10, 2009 Planning Commission meeting, the Planning Commission opted not to approve Staffs recommendation in lieu of an alternate recommendation to allow for the rezoning of the 3.6 acre upland portion of the site only, and recommending that the remaining 8.65 acres remain under the original "F -R" Farm -Rural District. Staff later realized that the noticing map for the case only covered the area within 200 feet of the upland portion of the property, instead of the entire lot as required by law. Even though the extension of the noticing area to cover the 200 feet surrounding the entire property does not change the number of individuals or properties being notified, Staff was required by law to re -notice for the entire property and bring the case back to the Planning Commission for another review of the Applicant's request to rezone the entire 12.25 acres to the `B -2A" Barrier Island Business District. After reviewing the audio tape of the June 10, 2009 Planning Commission meeting which included Staff's explanation during the presentation that the Applicant's rezoning request was for the entire property, Staff is still not able to determine whether the Applicant's request to rezone the property in its entirety was understood by the Planning Commission members; due to the noticing error, the Planning Commission was able to further review and discuss the request of the Applicant to rezone the subject property from the "F -R" Farm -Rural District to the `B -2A" Barrier Island Business District, in its entirety. At the July 8, 2009 Planning Commission meeting, the Planning Commission and Staff recommended approval of the applicant's request. • Existing Land Uses: The subject property is currently vacant land. • Existing Zoning: The subject property is currently zoned "F -R" Farm -Rural District. The purpose of the "F -R" Farm -Rural District is to allow areas inside the city to be used for agricultural purposes and to assist in the control of scattered commercial and industrial uses of the land. The "F -R" District does not require any setbacks or limits on height of structures, but does require all single family uses to be located on lots with a minimum of five acres in size. The "F -R" Districfgnais) used as a low density holding zone upon annexation of land into the city until infrastructure is available or planned to support higher density of development or, until a property owner requests rezoning. • Proposed Zoning: The `B -2A" Barrier Island Business District provides for a wide variety of business, commercial and indoor /outdoor amusement uses which reflect the character of a resort area. Certain conditions are imposed to preserve the characteristic nature of a barrier island of scenic and economic importance to the City. Permitted uses include; those uses within the "A -2" Apartment House District, aquariums, automobile parking lots automotive parts sales and rental agencies, automotive repair shops, banks, boat and RV storage, car washes, child care centers, hospitals and clinics, hotels, motor hotels, and motels, marinas, offices and medical offices, personal service uses, and restaurants among others. Transportation and Circulation: The subject property has access to State Highway 361 which is currently a 2 -lane, 50 foot right -of -way, 30 feet of which is paved, and is proposed as a 240 foot RA -3 Rural Arterial highway consisting of 4 lanes. Notification: Of the ten (10) notices mailed to the surrounding property owners zero (0) notices were returned in favor and one (1), 13.65 %), was returned in opposition. The 20% rule is not invoked. This case is considered noncontroversial. State law 20% rule is invoked when property owners who own 20% of the land within the 200 foot radius of the subject property are opposed. Invoking the 20% rule requires a three - quarters favorable vote of the City Council for a change of zoning to be approved, rather than a simple majority. Unless such proposed change is approved by the Planning Commission such change shall not become effective except by a favorable vote of a majority plus one of the City Council present and voting. FGM/ej Attachments: 1. Zoning Report 2. Planning Commission Minutes 3. Ordinance (and site plan if appropriate) Juan Perales, P.E. Interim Assistant City Manager of Development Services Email: johnnyp @cctexas.com Phone: 361 - 826 -3828 Senior Planner AA) H:\PLN- DIR\SHARED \I. Planning Commission\2009 CW% 7201 Elisson- Howard\0609.01 Approval 2 rev agenda memo.doc Case No.: 0609 -01 CITY COUNCIL ZONING REPORT in Date: August 18, 2009 Applicant & Legal Description 1 Applicant. Scott Ellison / Carl Howard Owner: Scott Ellison / Carl Howard Representative: Carl Howard Address: 15640 STATE HWY 361, (OLD PK RD 53) OCL„ TX 78401 Legal Description/Location: 12.25 acres out of 12.95 acre tract of land out of the William Bryan Survey, A -46, recorded in Volume 1854, Page 421 of the Deed of Records of Nueces County, Texas, generally located northwest of State Highway 361, approximately 1.46 miles north of Zahn Road, across from Mustang Island Park. Zoning Request From: "F -R" Farm and Rural District To: `B -2A" Barrier Island Business District Area: 12.25 acres of 12.95 acres total Purpose of Request: The Applicant is requesting a change of zoning on 12.25 acres of the 12.95 total acres onsite, from the "F -R" Farm -Rural District to the `B -2A" Barrier Island Business District in order to develop the property for Commercial use in the future. Zoning Existing Land Use Future Land Use Site "F -R" Farm -Rural District Vacant Tourist / Conservation & Preservation North "F -R" Farm -Rural and "RE" Residential Estate Districts Public / Semi - Public Tourist / Conservation & Preservation South "F -R" Farm -Rural District Vacant Tourist / Conservation & Preservation East "R -1B" Single - Family Dwelling District Park Park West "F -R" Farm -Rural District Water Water ADP, Map & Violations Area Development Plan: This tract of land is located in the Mustang -Padre Island Area Development Plan and is planned for residential mixed uses and conservation/State Park, so commercial use alone would be inconsistent with the intent of the ADP. The proposed change in zoning is consistent with the adopted Future Land Use Map and Comprehensive Plan, which designates the area for Tourist / Conservation & Preservation use. Map No.: 027029 Zoning Violations: None —271— Staffs Summary: • Request: The applicant is requesting a change of zoning on 12.25 acres of the 12.95 total acres onsite, from the "F -R" Farm -Rural District to the `B -2A" Barrier Island Business District in order to develop the property for Commercial uses in the future. • Background: This case was previously heard by the Planning Commission at the June 10, 2009 Planning Commission meeting. The Planning Commission opted not to approve Staff s recommendation in lieu of an alternate recommendation to allow for the rezoning of the 3.6 acre upland portion of the site only, and recommending that the remaining 8.65 acres remain under the original "F -R" Farm -Rural District. Staff later realized that the noticing map for the case only covered the area within 200 feet of the upland portion of the property, instead of the entire lot as required by law. Even though the extension of the noticing area to cover the 200 feet surrounding the entire property does not change the number of individuals or properties being notified, Staff was required by law to re- notice for the entire property and bring the case back to the Planning Commission for another review of the Applicant's request to rezone the entire 12.25 acres to the `B -2A" Barrier Island Business District. After reviewing the audio tape of the June 10, 2009 Planning Commission meeting which included Staffs explanation during the presentation that the Applicant's rezoning request was for the entire property, Staff is still not able to determine whether the Applicant's request to rezone the property in its entirety was understood by the Planning Commission members; due to the noticing error, the Planning Commission was able to further review and discuss the request of the Applicant to rezone the subject property from the "F -R" Farm -Rural District to the `B -2A" Barrier Island Business District, in its entirety. At the July 8, 2009 Planning Commission meeting, the Planning Commission and Staff recommended approval of the applicant's request. • Existing Land Uses: The subject property is currently vacant land. ■ Existing Zoning: The subject property is currently zoned "F -R" Farm -Rural District. The purpose of the "F -R" Farm -Rural District is to allow areas inside the city to be used for agricultural purposes and to assist in the control of scattered commercial and industrial uses of the land. The "F -R" District does not require any setbacks or limits on height of structures, but does require all single family uses to be located on lots with a minimum of five acres in size. The "F -R" District is also used as a low density holding zone upon annexation of land into the city until infrastructure is available or planned to support higher density of development or, until a property owner requests rezoning. —272— • Proposed Zoning: The `B -2A" Barrier Island Business District provides for a wide variety of business, commercial and indoor /outdoor amusement uses which reflect the character of a resort area. Certain conditions are imposed to preserve the characteristic nature of a barrier island of scenic and economic importance to the City. Permitted uses include; those uses within the "A -2" Apartment House District, aquariums, automobile parking lots automotive parts sales and rental agencies, automotive repair shops, banks, boat and RV storage, car washes, child care centers, hospitals and clinics, hotels, motor hotels, and motels, marinas, offices and medical offices, personal service uses, and restaurants among others. • Transportation and Circulation: The subject property has access to State Highway 361 which is currently a 2 -lane, 50 foot right -of -way, 30 feet of which is paved, and is proposed as a 240 foot RA -3 Rural Arterial highway consisting of 4 lanes. Traffic Count: d Cle p y elp Street Urban Transportation Plan Type Existing ROW and Paved Section Traffic Volume 2001 St. Hwy. 361 RA -3 50' / 30'paved N/A • Infrastructure Demand: ❖ Water: The subject property is within the service area of Water Control and Improvement District #4, an "8" water line runs parallel with St. Hwy. 361 across the street from the subject property. ❖ Wastewater: The subject property is within the service area of Water Control and Improvement District #4. ❖ Stormwater: A stormwater pipe is not present at the subject property and will require a stormwater management plan. • Public Safety: • • ❖ Police: The subject property is served by the Corpus Christi Police Department and is in the Directed Patrol District B40. Crime statistics up to 2005 show an increase in total crimes committed from 99 in 2001 to 182 crimes committed in 2005 or an increase per year of approximately 21% per year. ❖ Fire: The closest Fire Station is number fifteen (15), located approximately 2.5 miles south of the subject property at 14202 Commodore. —273— • Environmental Constraints: • • FEMA Flood Zone: Zone Al5 — Areas of the 100 -year Flood, with a base flood elevation of 10 feet. o The property is located within the Coastal Flood and Wave Action V -Zone #21, requiring the 1st structure member of a building to be located at or above an elevation of 12 feet. o The property falls within an area designated by COBRA federally funded flood insurance as being ineligible for federal funding. Flood insurance for the development on the property would have to be acquired by the property owner through the public sector. ❖ Soil Types: "Mu" — Mustang Fine Sand: o Elevation: 0 to 20 feet o Drainage class: Poorly drained o Depth to water table: About 0 to 6 inches o Frequency of flooding: Occasional o Frequency of ponding: None o Available water capacity: Very low (about 2.0 inches) "Cs" — Coastal Dunes: o Elevation: 0 to 20 feet o Drainage class: Somewhat excessively drained o Frequency of flooding: Rare o Available water capacity: Low (about 3.6 inches) "To" Tidal Flats: o Elevation: 0 feet o Drainage class: Very poorly drained o Depth to water table: About 0 inches o Frequency ofponding: Occasional o Available water capacity: Low (about 3.6 inches) ❖ Wetlands: Wetland Codes: E2USP "Estuarine and Marine" wetlands PEM1A "Freshwater Emergent" wetlands Texas General Land Office jurisdictional waters exist on portions of the 12.95 total -acre site, and have been subtracted from the total acreage onsite, resulting in 12.248 acres available for rezoning. —274— • CORPUS CHRISTI POLICY STATEMENTS: Comprehensive Plan Consistency: The adopted Future Land Use Plan designates the subject property for Tourist / Conservation and Preservation uses; therefore, the proposed `B -2A" Barrier Island Business District is consistent with the City's Comprehensive Plan. In addition to the Future Land Use Plan, policies from the Corpus Christi Policy Statements and the Area Development Plans are provided below. GENERAL: VI. ENCOURAGE ORDERLY DEVELOPMENT OF NEW RESIDENTIAL, COMMERCIAL, AND INDUSTRIAL PROPERTIES TO ACCOMMODATE GROWTH. As the city grows, new residential, commercial, and industrial development is needed to meet the increased demand. This development increases the vitality of the city as a whole by increasing the variety of housing, shopping, recreational, and employment opportunities available to all citizens. Staff Comment: The proposed zoning change from the "F -R" Farm - Rural District to the "B-2A" Barrier Island Business District is being requested to develop the subject property as a commercial or a mixed - use / residential /commercial project in the future that may provide housing, shopping, or recreational enjoyment to the Mustang Island area. LAND USE: a. ZONING IN AN AREA SHOULD BE CONSISTENT WITH THE ADOPTED AREA DEVELOPMENT PLANS. The City Council adopted area development plans shall be used as a guideline for zone changes and subdivision development decisions. In addition, the area development plans will provide a legal foundation upon which the City Council and the Planning Commission should base their land development decisions. However, area development plans should be flexible and are subject to revisions if conditions have changed since approval of an area development plan and/or if the proposed changes are consistent with the adopted Comprehensive Policy Statements. According to the City Charter, "All city improvements, ordinances, and regulations, shall be consistent with the comprehensive plan." The comprehensive plan provides the rational or justification for zoning, platting, and other land development decisions. Implementation of city ordinances in a manner that is congruent with the comprehensive plan will provide a legal foundation for such decisions, and promote the public health, safety, and welfare. —275— Staff Comment: Mustang — Padre Island Area Development Plan policies are provided below. e. EXPANSION OF COMMERCIAL OR INDUSTRIAL USE INTO RESIDENTIAL AREAS MAY BE PERMITTED ONLY IF THE EXPANSION MAINTAINS OR IMPROVES THE RESIDENTIAL DESIRABILITY OF THE IMPACTED AREA. g. If an expansion of commercial and industrial use occurs, the relationship between residential and other land use types should be improved. Improvements should be made to vehicular access, design and location of buildings, parking areas, signs, and lighting. A buffer or open space should also be constructed between residential and intense land use types. However, this policy should not discourage the use of mix -use development in areas where commercial and residential uses are designed harmoniously. Well planned commercial and residential activities in the same or adjacent buildings may actually enhance the quality of an area by providing needed service activities and encourage pedestrian rather than vehicular movement. Staff Comment: Currently, the only existing structure close to the proposed rezoning site is a church located to the north of the subject site. The subject site is bound by the Mustang Island Park to the east and the Laguna Madre to the west, both of which provide a natural buffer, and the property directly south is vacant. The proposed rezoning could provide needed commercial, residential, and/or recreational services and opportunities for the area. CORPUS CHRISTI BAY, LAGUNA MADRE, PADRE ISLAND, MUSTANG ISLAND, NUECES BAY, CAYO DEL OSO AND OSO CREEK DEVELOPMENT SHOULD BE CONSIDERED IN CONTEXT WITH THEIR EFFECT ON THE ENTIRE CITY. These environmentally sensitive areas are important to the continued economic vitality of the city and the tourist industry. Any development of these areas needs to be viewed in light of their impact on the environment, on adjacent areas and on the aesthetics of the city as a whole. Staff Comment: Expanding the commercial, recreational, and/or residential uses on Mustang Island would promote tourism and increase the economic base of the Corpus Christi area. Any environmental concerns related to the proposed development of the site would be addressed, and mitigated for, at the plan review stage of a project. —276— COMMERCIAL: a. COMMERCIAL ACTIVITIES WHICH GENERATE LARGE VOLUMES OF TRAFFIC SHOULD HAVE DIRECT ACCESS TO AN ARTERIAL WITHOUT HAVING TO TRAVERSE LOW - DENSITY AREAS. Stores or businesses that provide supportive services and are characterized by activities of low intensity or that are otherwise beneficial to residential areas should be allowed to locate closer to neighborhoods. Businesses that generate high - traffic flows and are characterized by intense activity should be located at arterial intersections away from low- density housing and separated by a buffer. Staff Comment: The site proposed for rezoning has direct access to State Highway 361, a rural arterial road that is proposed for expansion to a 200 foot or 240 foot wide right -of -way under the City's Urban Transportation Plan. • MUSTANG -PADRE ISLAND AREA DEVELOPMENT PLAN (ADP) POLICY STATEMENTS: ENVIRONMENT: POLICY STATEMENT A.7 The City will encourage the protection of sensitive wildlife habitats and the island environment by considering innovative design techniques, implementation of incentives for developers and allowing higher than typical development density in uplands where practical. It is not the intent of this plan to initiate requirements for protection of non jurisdictional wetlands. The City encourages any developer to voluntarily preserve the existing natural environment by concentrating the total allowed number of units allowed, based on gross acreage (including wetlands) , into a multi- story building or buildings. This "cluster development" results in large setbacks, buffer zones, reduced infrastructure costs and more permanent open space. Staff Comment: The rezoning of the property to the "B-2A" Barrier Island Zoning District would facilitate the development of the subject property as commercial or mixed -use that could provide the area with hotel, condominium, or townhome uses, along with commercial uses that could provide services for existing and future residents and tourists. The subject property does consist of wetlands and emergent wetland vegetation which would require a cluster -type development plan on the upland areas of the site, and utilize a density- transfer technique in the planning stages of the project. —277— LAND USE: POLICY STATEMENT B.2 Tourist oriented business and development will continue to be encouraged and promoted by all agencies of the City as illustrated on the Future Land Use Map. This includes commercial ventures, condominiums and resorts, fishing and outdoor recreation facilities, and recreational vehicle parks. Staff Comment: The proposed rezoning of the subject property to the "B -2A" Barrier Island Zoning District encourages commercial, recreational, and resort -style residential development and services. POLICY STATEMENT B.10 The designation of "Mixed Use" in the Future Land Use Plan expresses the City's desire to mix residential and non - residential uses. Development objectives for the Mixed Use categories are to incorporate the latest design innovations, the highest quality construction, integrated land uses, a safe and efficient transportation network, and pedestrian and bicycle amenities. A "Mixed Use" area should be developed using a Planned Unit Development (PUD) zoning district or other equivalent zoning category. A) Mixed use /residential — A high percentage of land designated for Mixed Use Residential should be developed for residential purposes. Low intensity neighborhood serving business may also be appropriate (no more than 10% of the area). Clustering of development density with large setbacks or permanent reserves of open space may also be acceptable in combination with high intensity uses, provided high intensity uses are integrated into the surrounding neighborhood and any negative impacts are eliminated or mitigated. B) Mixed use /tourist — The mixed use tourist land use is characterized by high density residential and high density business uses. High density business uses may range in character between either serving the region or be targeted to the island population. Uses may include bed and breakfasts, hotels, condominiums, marinas /vessel repair and maintenance, convention facilities, ancillary commercial uses, etc. Staff Comment: As a `B -2A" Barrier Island Zoning District, the subject property would have the opportunity to utilize many of the planning techniques found under a Planned Unit Development project, including cluster -type development, density transfers, as well as providing recreational and commercial services for tourists and area residents. —278— POLICY STATEMENT B.29 The area located on the west side of State Highway 361 is planned for residential mixed uses and conservation/State Park. Large portions of this area are composed of low -lying wetlands. Due to the sensitive nature of these lands and because the area does not have direct access to the Gulf, a maximum overall residential density of 8 units per acre will be allowed. Cluster -type developments will be encouraged through the use of incentives and are preferred over traditional residential development patterns. Commercial uses at intersections with collectors along State Highway 361 are appropriate. Staff Comment: Although the subject property in not located at an intersection as desired for commercial use, the Mustang- Padres Island Area Development Plan supports clustered design and commercial services for tourists and area residents that can be implemented through the planning stages of a project in the future. • Plat Status: The subject property is not platted. • Department Comments: ❖ This tract of land is located in the Mustang -Padre Island Area Development Plan which designates this property as being planned for residential mixed uses and Conservation/State Park uses; Commercial use alone would be inconsistent with the ADP. ❖ Policy B.10 of the Mustang -Padre Island ADP supports mixed residential and nonresidential uses. ❖ The Future Land Use Map designates the subject property as being planned for Tourist / Conservation & Preservation uses. ❖ The Applicant's request to rezone the property to the `B -2A" Barrier Island Zoning District will facilitate the development of the site in the future as a commercial, tourist, recreational, or residential mixed use, which would be consistent with the Mustang -Padre Island ADP, the Future Land Use Map, and the City's adopted Comprehensive Plan. • Staff & Planning Commission Recommendation: Approval of the Applicant's request for a change in zoning from the "F -R" Farm -Rural District to the `B -2A" Barrier Island Business District for future commercial use. —279— Number of Notices Mailed Total —10 within 200 foot notification area; 5 outside notification area Favor — 0 (inside notification area); 0 (outside notification area) Opposition — 1 (13.65 %) (inside notification area); 0 (outside notification area) Attachments: 1. Subject Property 2. Site —2007 Aerial 3. Neighborhood — Existing Land Use 5. Site — Existing Land Use 6. Site — Future Land Use 7. Wetland Map 8. Site Existing Zoning, Notice area, Ownership 9 Site Survey Map 10. Comments received from Public Notices mailed 11. Notice Mailing List —280— I. BRYAN WM BUR 605 Kr- / R- I B BRYAN WM SUR 605 STATE PARK 0 400 800 Feet 1 Department of deve CASE # 0609 -01 1. SUBJECT PROPERTY Subject Properly (ECT ER7 City of Corpus Christi • CASE # 0609 -01 2. SITE- 2007 AERIAL Refer td Mao ?'or Neighborhood E•::r!og La.si Use 41so available di !. !. !..ccte.:as.com LOCATION MAI' SUBJECT PROPERTY City of Corpus Christi 5'25'2099 Pt "34. Ew 54R Departnx of develop. .. . __...... CASE # 0609 -01 3. NEIGHBORHOOD - 2007 AERIAL flSubject Properly Refer to Mav 2; " 2b for Neighborhood .'s •:c t_c.•• : "as. Also available Map Scale: 1:31,660 40'. SUBJECT PROPERTY U 1. / / k 925 2009 Prepare() By SRR rDevelopment Seances CASE # 0609 -01 4. NEIGHBORHOOD - EXISTING LAND USE r EP I Estate Residential - ER Low Density Res. -LDR �r `. •' � i Dersity Res. - MDR I .'SR 1 hn < ft L •rsity Res:. HDR I:; bile -tome -MH VA '.'/ rnt - VAC - Prr- ssional Office-PO 0 C...,amercial -COM Map Scale: 1:10.000 Light Industrial • LI Heavy Industrial - HI Po Irc Semi - Public • PSP Park Drainage Corridor - DC Conservation /Preservation - CP Water rrCA? ILOCATION MAP SUBJECT PROPERTY rcti Cry or rims Christi 0 400 BRYAN WM SUf .60 &00 Feet BRYAN WM SOR 605 S7I%iE PAP'K CASE # 0609 -01 5. SITE- EXISTING LAND USE Enate Residential - ER Low Density Res. - LDR "-d Dr nsity Res- - MDR ■.1 Density Res. - HDR Ile Home - MH nt- VAC vroh bnal Office - PO munercial - COM W, I ll a`p L. CP Map Scale: 1 2.400 Light Industrial - LI Heavy Industrial - Hl Public Semi - Public - PSP Park Draivage Corridor - DC Conservation/Preservation - CP Water LOCATION MAI:j3 SUBJECT PROPERTY City f Christi WATER SUBJECT PROPERTY PA Pk 0 - - 40(1 dO" PARK WATER n252009 Prepare0 By SRR town, of Development Seances C:ASL # Ut$U9 -07 6. NEIGHBORHOOD - FUTURE LAND USE [ 1 Agricultural /Rural • AR - Tourist- TOR e7 E fate Residential - ER , - • na! Bu::ines.s Park - RBP RD- Low Density Res. • Li R - adustrial • L I d Density Res. - MDR -lea% Industrial - HI I Lr;: i)e ; rslty Res. - HDR _ °u:, Semi - Public - PSP : .b, r,. Home - MH L Park • urt - VAC [_c Drainage Corridor - DC Professional Office - PO ^= Orcu:ge Placement • DP Commercial • COM ( Water CP Conservation /Preservation • CP I PO I Tr ansporfation Plan Propos,d Arterials Collectors - - -- Expressways in Parhway Railroad Map Scale: 1:10,000 LOCATION MAP / SUBJECT /PROPERTY WATER CP 00 BRYAN WM SIJR 605 PA I?H BRYAN WM SOR 605 S7I%iE PAP'K CASE # 0609 -01 7. SITE- FUTURE LAND USE Agricultural /Rural - AR - Tourist - TOR 1 Estate Residential - ER =Rid Ra,aarch /Business Park - RBP - - Low Density Res. - LDR f Li ] Light Industrial - LI -- - �' ,sity Res. - MDR Heavl Industrial - HI —7h Density Res. - HDR Thrl Pub'' Semi - Public - PSP Ile Home - MH Park - 1 ..cant - VAC - Drainage Corridor - DC ' 'on tonal Office - PO "P Dredge Placement - DP _ an. ,..✓cial -COM l ] Water ca Conservation/Preservation - CP Transportation Plan .4i erib's Collector - - -- Expresslvays -- _ Parkway } Raelroad Map Scale: 12.400 LOCATION MAI:j3 SUBJECT PROPERTY CASE # 0609 -01 8. WETLANDS Legend WETLANDS LOCATION MAI' SUBJECT PROPERTY City of Corpus Christi BRYAN WM SUR 60 R -9g BRYAN 400 SUR 605 STATE PARK .5/25''2009 Prepated Sy SIRR Department of development Services CASE # 0609 -01 9. SITE - EXISTING ZONING, NOTICE AREA & OWNERSHIP At Apartment House Deena 1 -1 Untied Industrial cistnct 414 Asa t _N kouee p77nd 1-2 toll Industrial District A-2 !Valmont house Dislisk 1-3 Heavy IndustrialDstict AB Professional Office District AT HpAIn rfTourist LLstrict B-1 bilemIsbol hers eusine o D>sIrk B-14 Nelg b hoof Bts nec DDlshlcc ltirf E-2 Bayfiont B 4 ness BRA Da, ner Island Business District E -3 Rtsincss Llstnct ict B-4 reeneral U1141035a Dish Frimary 6LSIIlee4 Dlstrir Etll'1a 'E usiuess Cora District Cori US Chrisll Beach DesIen D15t Fern RFT al Distrdre H4vtaneet- Cultural Landmark Preservation SS E5 ED F -R HC 101 x' Proudr'tjr 00 buffer arvnet 200`(i the s vneh3Ibp Rip Panned Unit I eeelar uent R A Ore FpplyD IIC9Lliab1e[ R =B Onc Family Dat g user[ R -i4 On +Fa rally lingDi9D >atot R- Multiple INmelttg 4sYdoi RA e Family Dealing District l24 Residential DVS? DI3trIo 13- H 1041,FOUSe Dnening District SP Special Perini -1 Tavel Trailer Park Dia idt TM a Nxn■aetmad H me Park Distdct .a Manufactured Hume Subdivision [tetra' d7vrfaES a or X ottP tea. a'e s oau>Nt UJBJEC' PROPERTY LOCATIO MAP City .. Corpus Christi COMMENTS RECEIVED FROM PUBLIC NOTICES MAILED Case No: 0609 -01 Name: Scott Ellison /Carl Howard Circled = FAVOR X = OPPOSED (Note: The number(s) next to name corresponds to the attached map.) Total number mailed: 10 Returned undeliverable: 2 I. Notices returned from within the 200 -foot notification area: Favor: 0 Opposition: 1 (13.65 %) #3 Coastal Bend Bays and Estuaries (13.65 %) — "Development adjacent to and in potential wetland areas." II. Responses received from outside the 200 -foot notification area: Favor: 0 Opposition: 0 III. Responses received from owners /applicants of subject area: Favor: 6 Opposition: 0 IV. Unsolicited responses received concerning subject area: Favor: 0 Opposition: 0 —299 - H:\PLN- DIR\SHAREDU. Planning Commission\2009 P02009 Public Comments \0609- 02.doc mm m 11 D O O n m a r N 0 ti -4 1 4 4 8 $ X X X X X 2 Tai 0 of mJ J m J V m -m m m N CO 0 b S p N_ 19 0 H -300- Xl IISI21H3 SOdHOO .LS 31.103.1014 Xl ILSINHO SndUO0 BRYAN WM SUR 605 LS 205, 12.95 ACS 10 Notices Mailed - WITHIN Notification area T O N N o N N p 9 oco om;9 oym>2>2i 2m2pm 0< 0000M-`0 A z -4 z m m I o m * T 0 0 A w m� Fm O m 0 c N A m x N N z - C 000 0 00000 lN 00000 0 oo r CCC pm N C C N C N N m N N m n 00000 000 Vl O 22222 221 C AApPA AAA zJ NNNNN 41N171 mmm N 00 or To O N Z. 'O r 2�ifia8ggo E3 N LdR O NO ++ O N O N W M m 8 N bNq m V 4 N p q 6 1111111111112 b bbbb06w6 6m O MINUTES REGULAR PLANNING COMMISSION MEETING Council Chambers- City Hall Wednesday, July 8, 2009 5:30 P.M. COMMISSIONERS: Rudy Garza, Chairman A. Javier Huerta, Vice - Chairman James Skrobarczyk John C. Tamez Johnny R. Martinez Evon J. Kelly, Govind Nadkarni Mark Adame John Taylor STAFF: Johnny Perales, PE, Interim Assistant City Manager Development Services Bob Payne, AICP, Senior City Planner Miguel S. Saldana, AICP, Senior City Planner Lisa Wargo, Senior City Planner Deborah Brown, City Attorney Debbie Goldston, Recording Secretary I. CALL TO ORDER A quorum was declared and the meeting was called to order at 5:35 p.m. III. PUBLIC HEARING AGENDA ITEMS 2. NEW ZONING a. Case No. 0609 -01 Scott Ellison/Carl Howard — A change of land use from vacant farm land to commercial 12.25 acres out of 12.95 acre tract of land out of the William Bryan Survey, A -46, recorded in Volume 1854, Page 421 of the Deed of Records of Nueces County, Texas, on the west side of State Highway 361 located between Mustang Island State Park and Packary Channel. Lisa Wargo, Senior Planner, Development Services presented a PowerPoint presentation on the above case. She explained that this property is a 12.25 acre area out of a 12.95 acre tract of land out of the William Bryan Survey, A -46, recorded in Volume 1854, Page 421 of the Deed of Records of Nueces County, Texas, generally located northwest of State Highway 361, approximately 1.46 miles north of Zahn Road, across from Mustang Island Park. The Applicant is requesting a change of zoning on 12.25 acres of the 12.95 total acres onsite, from the "F -R" Farm -Rural District to the `B -2A" Barrier Island Business District in order to develop the property for Commercial use in the future. This tract of land is located in the Mustang -Padre Island Area Development Plan and is planned for tourist mixed uses and conservation/preservation, so commercial use alone would be inconsistent with the intent of the ADP. The proposed change in zoning is consistent with the adopted Future Land Use Map and Comprehensive Plan, which designates the area for Tourist / Conservation & Preservation use. This case was previously heard by the Planning Commission at the June 10, 2009 Planning Commission meeting. The Planning Commission opted not to —301— Planning Commission Minutes July 8, 2009 Page 2 approve Staff's recommendation in lieu of an alternate recommendation to allow for the rezoning of the 3.6 acre upland portion of the site only, and recommending that the remaining 8.65 acres remain under the original "F -R" Farm -Rural District. Staff later realized that the noticing map for the case only covered the area within 200 feet of the upland portion of the property, instead of the entire lot as required by law. Even though the extension of the noticing area to cover the 200 feet surrounding the entire property does not change the number of individuals or properties being notified, Staff was required by law to re- notice for the entire property and bring the case back to the Planning Commission for another review of the Applicant's request to rezone the entire 12.25 acres to the "B -2A" Barrier Island Business District. After reviewing the audio tape of the June 10, 2009 Planning Commission meeting, which included Staff's explanation during the presentation that the Applicant's rezoning request was for the entire property, Staff was still not able to determine whether the Applicant's request to rezone the property in its entirety was understood by the Planning Commission members; due to the noticing error, the Planning Commission would be able to further review and discuss the request of the Applicant to rezone the subject property from the "F -R" Farm -Rural District to the `B -2A" Barrier Island Business District, in its entirety. The subject property is currently zoned "F -R" Farm -Rural District. The purpose of the "F -R" Farm -Rural District is to allow areas inside the city to be used for agricultural purposes and to assist in the control of scattered commercial and industrial uses of the land. The "F -R" District does not require any setbacks or limits on height of structures, but does require all single family uses to be located on lots with a minimum of five acres in size. The "F -R" District is also used as a low density holding zone upon annexation of land into the city until infrastructure is available or planned to support higher density of development or, until a property owner requests rezoning. The `B -2A" Barrier Island Business District provides for a wide variety of business, commercial and indoor /outdoor amusement uses which reflect the character of a resort area. Certain conditions are imposed to preserve the characteristic nature of a barrier island of scenic and economic importance to the City. Permitted uses include; those uses within the "A -2" Apartment House District, aquariums, automobile parking lots automotive parts sales and rental agencies, automotive repair shops, banks, boat and RV storage, car washes, child care centers, hospitals and clinics, hotels, motor hotels, and motels, marinas, offices and medical offices, personal service uses, and restaurants among others. Currently, the only existing structure close to the proposed rezoning site is a church located to the north of the subject site. The subject site is bound by the Mustang Island Park to the east and the Laguna Madre to the west, both of which provide a natural buffer, and the property directly south is vacant. The proposed rezoning could provide needed commercial, residential, and/or recreational services and opportunities for the area. H:\PLN- DIR\SHAREDU. PLANNING COMMISSION\2009 CC\JULY '09 \0609A1 ELLISSON- HOWARD \7 -5 -09 MINUTES.DOC —302-- Planning Commission Minutes July 8, 2009 Page 3 Expanding the commercial, recreational, and/or residential uses on Mustang Island would promote tourism and increase the economic base of the Corpus Christi area. Any environmental concerns related to the proposed development of the site would be addressed, and mitigated for, at the plan review stage of a project. The rezoning of the property to the `B -2A" Ranier Island Zoning District would facilitate the development of the subject property as commercial or mixed -use that could provide the area with hotel, condominium, or town home uses, along with commercial uses that could provide services for existing and future residents and tourists. The subject property does consist of wetlands and emergent wetland vegetation which would require a cluster -type development plan on the upland areas of the site, and utilize a density - transfer technique in the planning stages of the project. As a `B -2A" Barrier Island Zoning District, the subject property would have the opportunity to utilize many of the planning techniques found under a Planned Unit Development project, including cluster -type development, density transfers, as well as providing recreational and commercial services for tourists and area residents. Although the subject property is not located at an intersection as desired for commercial use, the Mustang -Padre Island Area Development Plan supports clustered design and commercial services for tourists and area residents that can be implemented through the planning stages of a project in the future. Of the notices mailed out, ten (10) were within the 200 ft. notification area and five (5) were outside of the notification area. Only one notice has been returned in opposition and zero in favor. The property has not been platted and there are no code violations at the site. Public hearing was opened. 1. Carol Eckles, 718 Crestview, Corpus Christi, Texas. Mrs. Eckles stated she is one of the trustees at Island of the Sun United Methodist Church which is adjacent to the subject property. She said that the church was not in opposition to the commercial zoning, they are concerned about what will be going in there, if it would be an amusement park, or if it would interfere with the worship services at the church. With children on the church grounds often, the church was also concerned about safety issues for children. Mrs. Eckles spoke on behalf of three trustees in attendance and stated that they were there mainly to find out what type of activities are planned for the subject site. 2. Carl Howard, 14330 Scallop, Corpus Christi, Texas. Mr. Howard stated he was one of the owners of the property and wished to address the concerns of the Island of the Sun United Methodist Church. He said there has been some interest in developing the site as a Bed and Breakfast or small Hotel/Motel. Mr. Howard stated that his group does not want to disturb the wetlands. The requested H:\PLN- DIR\SHARED\1. PLANNING COMMISSION\2009 CCVULY'09 \0609-01 ELLISSON- HOWARDV -8 -09 MINUTES.DOC —303— Planning Commission Minutes July 8, 2009 Page 4 commercial use would allow for the building of a boardwalk for recreational uses. He said he did not foresee a nuisance -type development developing the site for uses that would disturb church activities. Mr. Howard also stated that his group is mainly interested in developing the front of the property, so as not to disturb the wetlands portion of the property. Commissioner Skrobarczyk inquired about an ordinance in which certain types of businesses are prohibited from being in close proximity of churches. Mr. Bob Payne stated that businesses such as bars and businesses in which there is consumption of alcoholic beverages are prohibited within a certain distance from a church. Commissioner Huerta asked what businesses are permitted uses in the `B2 -A" zoning ordinance. Mr. Payne answered businesses such as hotels, motels, automobile parking lot, automobile parts and sales, auto rerrtal agency, bank or loan association, boat and RV storage if there is a minimum of one acre, and other commercial uses such as retail store. "B2 -A" is similar to the `B4" zoning district, but is the only district which allows a marina. It is oriented mostly towards commercial uses that are specific to the barrier island. Public hearing closed. Motion to approve staff recommendation was made by Commissioner Skrobarczyk and seconded by Commissioner Martinez. Motion passed with Chairman Nadkarni being absent. H:\PLN- DIR\SHARED \l. PLANNING COMMISSION\ 2009 CCWLY'09 \0609 -01 ELLISSON- HOWARD \7 -8 -09 MINUTES.DOC -304- Page 1 of 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY SCOTT ELLISON AND CARL HOWARD, BY CHANGING THE ZONING MAP IN REFERENCE TO 12.25 ACRES OUT OF 12.95 ACRE TRACT OF LAND OUT OF THE WILLIAM BRYAN SURVEY, A-46, FROM "F -R" FARM RURAL DISTRICT TO "B -2A" BARRIER ISLAND BUSINESS DISTRICT; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING A REPEALER CLAUSE; 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 Scott Ellison and Carl Howard, 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 10, 2009 and Wednesday, July 8, 2009, during meetings of the Planning Commission, and on Tuesday, August 18, 2009, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve public health, necessity, and convenience and the general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by changing the zoning on 12.25 acres out of 12.95 acre tract of land out of the William Bryan Survey, A-46, recorded in Volume 1854, Page 421 of the Deed Records of Nueces County, Texas, on the west side of State Highway 361, located between Mustang Island State Park and Packery Channel, from "F -R" Farm Rural District to "B -2A" Barrier Island Business District. (Zoning Map) (Exhibit A) SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this ordinance. SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1937, . as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. H:\ LEG -DIR \Shared \LEGAL- DEV.SVCS\2009 Agenda \8- 181080-fpaing 0609 -01- Ellison - Howard - B- 2A.doc Page 2 of 3 SECTION 4. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 6. A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable under Section 35 -3 of the Zoning Ordinance of the City of Corpus Christi. 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 day of August, 2009. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Joe Adame Mayor, City of Corpus Christi City Secretary APPROVED: August 10, 2009 orah Walther Brow 'ssistant City Attorne For City Attorney H:\ LEG- DIR \Shared\LEGAL- DEV.SVCS\2009 Agenda \B -18 gsoning 0609 -01- Ellison -Howard - B- 2A.doc Page 3 of 3 Corpus Christi, Texas day of 2009 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, Joe Adame Mayor, City of Corpus Christi Council Members The above ordinance was passed by the following vote: Joe Adame Chris N Adler Brent Chesney Larry R. Elizondo, Sr. Kevin Kieschnick Priscilla Leal John E. Marez Nelda Martinez Mark Scott H:\ LEG -DIR \Shared \LEGAL- DEV.SVCS\2009 Agenda \B -1 B108034ing 0609 -01- Ellison - Howard - B- 2A.doc esf CASE 0 0609 -01 PLANNING COMMISSION AND STAFF RECOMMENDATION ORDINANCE: EXHIBIT A From: F -R To: 8 -2A 379 AWf *APR 1115M1WEf1 LOCATION IkV4J 23 CITY COUNCIL AGENDA MEMORANDUM AGENDA ITEM: August 18, 2009 Public hearing and first reading of the ordinance to consider abandoning and vacating a 26,971 - square foot portion of undeveloped and unsurfaced, dedicated public right -of -way (Nile Drive), located west of the Ennis Joslin Road public right -of -way; subject to compliance with the specified conditions. ISSUE: The Texas A &M University System (TAMUS) is requesting the abandoning and vacating of the 26,971- square foot portion of undeveloped and unsurfaced (Nile Drive) dedicated public right -of- way, located west of Ennis Joslin Road, as part of the Declaration of Gift and Agreement between the City of Corpus Christi and the Board of Regents of the Texas A &M University System. REQUIRED COUNCIL ACTION: City Charter requires Council approval to abandon and vacate any portion of street rights -of -way. City Code requires a public hearing prior to the vacating and abandonment of any street rights -of -way. PRIOR COUNCIL ACTION: October 16, 2007, Ordinance # 027451 - Council approved and granted a Declaration of Gift and Agreement between the City of Corpus Christi and the Board of Regents of the Texas A &M University System, for the benefit of Texas A &M University- Corpus Christi relating to the conveyance of 140.39 acres of land in the vicinity of Ennis Joslin Road and Nile Drive, including the South Guth Park; and authorizing the City Manager to take all further actions to effect the Gift and Conveyance. RECOMMENDATION: Staff recommends approval of the ordinance as pre ented. (Kart Attachments: Exhibit A - Exhibit B - Exhibit C Exhibit D Background Information Ordinance - Site Location Map — Ordinance No. 027451 -311- Juan Perales, Jt'., P.E. Interim ACM of Development Services AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION BACKGROUND: The Texas A &M University System (TAMUS) is requesting the abandoning and vacating of the 26,971- square foot portion of undeveloped and unsurfaced (Nile Drive) dedicated public right -of- way, located west of Ennis Joslin Road. The dedicated ROW to be abandoned and vacated is located in an "R -1A" One - Family Dwelling District. The cessation of use of this portion of dedicated public right -of -way (Nile Drive) as a public street resulted from the Nile Drive realignment at the Ennis Joslin Road intersection (Spur 3). This portion of Nile Drive right of way and surrounding lands were given to Texas A &M University - Corpus Christi under a Declaration of Gift and Agreement between the City of Corpus Christi and the Board of Regents of the Texas A &M University System, on October 16, 2007, under Ordinance # 027451. All public and franchised utilities were contacted regarding this closure request. City Water Department has two water mains (12" & 16 ") within the proposed street closure and is requiring that the owner retain a minimum 20 -foot wide utility easement for the water mains or relocate the water main at owner's expense. City Wastewater Department has a 42 -inch RCP sewer line within the undeveloped and unsurfaced public right -of -way and required that a utility easement be retained or that the sewer main be relocated at the owner's expense. The City Wastewater Department is requesting a 50' ingress/ egress easement connecting the Oso Treatment Plant main entrance with Ennis Joslin Road (Spur3). The Storm Water Department has an existing 36" RCP storm sewer line within the right -of -way and is requiring that a utility easement be retained within the right -of -way. AEP has overhead electrical facilities within the undeveloped and unsurfaced public right -of -way and required that a utility easement be retained or that their facilities be relocated at owner's expense. Grande Communications has aerial cable on AEP poles located within the undeveloped and unsurfaced public right -of -way and required that a utility easement be retained or that their facilities be relocated at owner's expense. Payment of the fair market value will be postponed until a later date, based on the Declaration of Gift and Agreement between the City of Corpus Christi and the Board of Regents of the Texas A &M University System. Under the provisions of the agreement, at such time a third party sale occurs, fair market value will be established and due. EXHIBIT A -312- Page 1 of 1 ORDINANCE ABANDONING AND VACATING A 26,971- SQUARE FOOT PORTION OF UNDEVELOPED AND UNSURFACED, DEDICATED PUBLIC RIGHT -OF- WAY (NILE DRIVE), LOCATED WEST OF THE ENNIS JOSLIN ROAD PUBLIC RIGHT -OF -WAY; SUBJECT TO COMPLIANCE WITH THE SPECIFIED CONDITIONS WHEREAS, The Texas A &M University System (TAMUS) is requesting the abandoning and vacating of a 26,971- square foot portion of undeveloped and unsurfaced, dedicated public right -of -way (Nile Drive), which is located west of the Ennis Joslin Road public right -of -way, as part of the Declaration of Gift and Agreement between the City of Corpus Christi and the Board of Regents of the Texas A &M University System, in order to allow for the realignment to the Nile Drive public right -of -way at the Ennis Joslin Road intersection; and WHEREAS, with proper notice to the public, public hearing was held on Tuesday, August 18, 2009, 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, it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon and vacate said portion of the utility easement, subject to the provisions below. (Exhibit A, Location Map and Exhibit B, Map of proposed R.O.W. closure, attached) NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. That a 26,971- square foot portion of a undeveloped and unsurfaced, dedicated public right -of -way (Nile Drive), as recorded in Volume A, Pages 41-43, of the Map Records of Nueces County, Texas, is abandoned and vacated, subject to Owner's compliance with the conditions specified in Section 2. below. SECTION 2. The abandonment and vacation of the above utility easement is conditioned upon Owner's compliance with the following: A) Staff recommends that payment of the fair market value be postponed until a later date, based on the Declaration of Gift and Agreement between the City of Corpus Christi and the Board of Regents of the Texas A &M University System, at which time a third party sale occurs the fair market value will be established and due. B) City Water Department has two water mains (12" & 16 ") within the proposed street closure and is requiring that the owner retain a minimum 20 -foot wide utility easement for the water mains or relocate the water main at owner's expense. H:\ LEG- DIR \Shared\LEGAL- DEV.SVCS\2009 Agenda \8 -18k€I fl.$ endon- vacate ROW - Nile- EnnisJoslin.doc Page 2 of 3 C) City Wastewater Department has a 42 -inch RCP sewer line within the undeveloped and unsurfaced public right -of -way and required that a utility easement be retained or that their sewer line be relocated at owner's expense. D) Storm Water Department has an existing 36" RCP storm sewer line within the right -of -way and is requiring that a utility easement be retained within the right -of -way. E) AEP has overhead electrical facilities within the undeveloped and unsurfaced public right -of -way and required that a utility easement be retained or that their facilities be relocated at owner's expense. F) Grande Communications has aerial cable on AEP poles located within the undeveloped and unsurfaced public right -of -way and required that utility easement be retained or that their facilities be relocated at owner's expense. G) City will be retaining a 50 -foot wide utility easement within a portion of the undeveloped and unsurfaced public right -of -way for maintenance of existing utilities. H) City will be retaining a 50' ingress /egress easement connecting the Oso Treatment Plant main entrance and Ennis Joslin Road (Spur 3). I) Upon approval by Council and issuance of the ordinance, all grants of street 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 the approval of building permit and construction, an up -to -date survey, abstracted for all easements and items of record, must be submitted to the Assistant City Manager of Development Services. H:\LEG -DI R \Shared \LEGAL -DE V. SVCS\2009 Agenda \8- 18m&d- 453ndon- vacate ROW - Nile -E nnisJosl in. doc Page 3 of 3 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2009, by the following vote: Joe Adame Priscilla Leal Chris N. Adler John E. Marez Brent Chesney Nelda Martinez Larry R. Elizondo, Sr. Mark Scott Kevin Kieschnick That the foregoing ordinance was read for the second time and passed finally on this the day of , 2009, by the following vote: Joe Adame Priscilla Leal Chris N. Adler John E. Marez Brent Chesney Nelda Martinez Larry R. Elizondo, Sr. Mark Scott Kevin Kieschnick PASSED AND APPROVED, this the day of , 2009. ATTEST: Armando Chapa City Secretary APPROVED as to form: August 12, 2009 eborah Walther Br Assistant City Attorney For City Attorney Joe Adame Mayor H:t LEG- DIR \Shared\LEGAL- DEV.SVCS\2009 Agenda18- 1BIGUSbandon- vacate ROW - Nile- EnnisJoslin.doc Oso Beach Golf LOCATION MAP Exhibit A f CITY of CORPUS CHRISTI, TEXAS Department of Engineering Services Survey Division 361- 826 -3500 Dote: 04 -30 -2008 Drown By: M. ANDRADE Checked By: D. NESMIML31 6- 1RM: C: \PROJECTS \OS0 AND NILE EASEMENT EXHIBITS \DWG \LOCATION WRONG ..�� .. - rum. 1 /IC co o \i � \ §2G / b2 2 z 2 ®. �o \ •»F (.n ) i au In■ �% I a= \�.m / §k s _.§!§ a b E- 7irr0 r. B§k® 5 2 }m \• _ 2§\ §\� -§ $ &.q . \ °cc z- oe-- q §§! .� �mzu /)§§ C ¥¥§) 7J00 !7§g qm * as SEC ION :7 Q , z Atts ■ eittr ■ PROPOSED R.O.W. CLOSURE © Nb4 B Oso Beach Golf LOCATION MAP EXHIBIT C a Ii CITY of CORPUS CHRISTI, TEXAS Deportment of Engineering Services Survey Division 361 -826 -3500 Date: 04-30-2008 Drawn Hy: M. ANDRADE Checked 6y: 0. NESMI1TL31 8_ Project: 3316 Me: C: \PROJECTS \050 AND NILE EASEMENT EXHIBDS \DWC \LOCATION MAP.DWG hint rn crei r SHEET 1 OF 1 wCOZ ow tn /(§ 0 w 28M Xd < §f r §§6 / N 10 ✓ • o )t }k }(a} • CO 0 0 I 6\ • \ _Z § N• § �§ mown° }\3O8 § (0 k iPkv & _ SECTON 1/ o 2 7 Pm • aig o ■- .O ( 1»000 ■)11 VI ~e §R }k63 \\ Ot COX d /{ cz ! 0 S ¢ w ( � \ PROPOSED R.O.W. CLOSURE Page 1 of 3 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A DECLARATION OF GIFT AND AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI, TEXAS AND THE BOARD OF REGENTS OF THE TEXAS UM UNIVERSITY SYSTEM FOR THE BENEFIT OF TEXAS NAM UNIVERSITY -CORPUS CHRISTI RELATING TO THE CONVEYANCE OF 140.39 ACRES OF LAND IN THE VICINITY OF ENNIS JOSUN ROAD AND NILE DRIVE, INCLUDING SOUTH GUTH PARK; AND AUTHORIZING THE CITY MANAGER TO TAKE ALL FURTHER ACTIONS TO EFFECT THE GIFT AND CONVEYANCE WHEREAS, Texas A&M University- Corpus Christi (TAMU -CC) represents a significant asset to Corpus Christ) and the region providing education and research that benefits the State of Texas and TAMU -CC has established itself as a world -class institution attracting students locally, regionally, nationally, and internationally; and WHEREAS, TAMU -CC has become home to institutes such as the Conrad Blucher Institute and the Harts Research Institute for Gulf of Mexico Studies and because the benefits of research initiatives including the Earty Childhood Education Center and the PULSE! Project distinguish this area and support the foundations for sustainable economic growth; and WHEREAS, TAMU -CC has a significant economic knpact on our community with an estimated direct Impact of $23 million annually for every 1000 students, and WHEREAS, growth in enrollment and facilities at TAMU -CC will soon use up all the available space on the current Ward Island Campus site precluding additional growth and because the majority of adjacent areas have developed and are Impractical for consideration for expansion, and WHEREAS, officials at TAMU -CC may have to cap enrollment if •a site for campus expansion cannot be Identified and secured, and WHEREAS, after extensive review of areas for potential campus expansion, the Texas A &M University System has expressed interest In acquiring certain city - owned property along Ennis Joslin Drive, in the vicinity of Nile Drive, including the property designated and used as South Guth Park, and WHEREAS, research, education. and urban planning employed by TAMU -CC supports sound ecological principles as demonstrated by the beauty and design of the campus; and 027451 HAuto•o1R1ShandO yau0erc•voon+ are ard- TwU-CGOM D..dAa —320— Page2of3 WHEREAS, the City Council desires to further consider assisting the expansion of the TAMU -CC campus: and WHEREAS, pursuant to Chapter 28 of the Parks & Wildlife Code, the City Council on September 25, 2007, held a public hearing to receive dearly enunciated local preferences conceming the conveyance of South Guth Park to the Texas A&M University System for the expansion of the Texas A &M University-Corpus Christi campus and determined that no feasible and prudent alternative existed prior to taking or using a public park for a non -perk purpose, such public hearing held after three weekly notices of the public hearing first published not less than 30 days prior to the public hearing, particularly on Thursday, August 30, 2007, Thursday, September 8, 2007, and Thursday, September 13, 2007, in The Corpus Christi Caller - Times. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager, or his designee, is authorized to execute the Declaration of Gift and Agreement between the City of Corpus Christi and the Board of Regents of the Texas A&M University System for the benefit of Texas A&M University- Corpus Christi related to the conveyance of 140.39 acres of land, in the vicinity of Ennis Joslin Road and Nile Drive, including South Guth Park, upon delivery of the metes and bounds descriptions of the property and desired easements, and authorizing the City Manager, or his designee, to take all further actions to effect the gift and conveyance. A copy of the Dedaration of GIR and Agreement is attached. SECTION 2. That upon written request of the Mayor or five Coundl members, copy attached, the City Coundl 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 it day of October, 2007. ATTEST: Armando Chaps City Secretary APPROVED as to form: October 10, 2007 rywv. Smith Assistant CIty Attorney For the City Attorney CITY + ' CORPUS CHRISTI Henry Garrett Mayor H:LLEGDIFtga ndG. ryS lepende12007110- IS6Otd- TMN -CC4t Deed doe —321— Page 3 of 3 Corp4s Christi, Texas 1iday of _�, 2007 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, 4`&JkA t: ter' H - my Garre Mayor, City of Corpus Christi Council Members The above ordinance was passed by the fol ' ng vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummel) Bill Kelly Priscilla G. Leal John E. Marez J`6lli4+ Nelda Martinez �-- Michael McCutchon 0 027451 nx.eo- Darin..mo.ys.sende.2 oA10-16 ord- TUAuccoxI Dad.doc —322— AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION Background and Purpose of Resolution Texas A &M University- Corpus Christi has experienced growth that has occupied virtually all of the developable land on Ward Island. The projections indicate that the University will continue to grow. In order to accommodate the current and future needs of the University, additional land is required for the expansion of facilities and the relocation of non - academic facilities to allow the highest and best use of the limited land on Ward Island. The University is a significant economic engine in the community. It is estimated that every 1,000 students at the University has a direct impact of $23 million annually. The University has conducted an extensive review of areas for potential campus expansion and found that the majority of the adjacent areas have developed and are impractical for consideration for expansion. As a result, the University desires to expand to land that is close to the present campus on Ward Island. City and University staff have identified land that belongs to the City near the intersection of Ennis Joslin Drive and Nile Drive. The land includes land currently used for a drainage way, a buffer zone for the Oso Wastewater-Treatment Plant, and d-SouthGuth Park - The City has been in discussions with the University over the land required for the expansion of the University and staff believes that a conveyance of the land can be negotiated with the University, while providing for the continued drainage of the watershed that utilizes the drainage way, preserving the required buffer zone for the wastewater treatment plant, and providing new and altemate athletic fields for the leagues that currently use the facilities at South Guth Park. On August 21, 2007, City Council directed staff to provide notice of and schedule a public hearing on the change in use of the parkland, pursuant to Texas Parks and Wildlife Code, Chapter 26. Notice of the public hearing was published in The Corpus Christi Caller -Times on Thursday, August 30, 2007, Thursday, September 6, 2007, and Thursday, September 13, 2007. The public hearing was conducted during the City Council meeting on September 25, 2007. At that time, City Council adopted Resolution No. 027432, in compliance with Section 26.001 of the Parks and Wildlife Code. After considering clearly enunciated local preferences, City Council found that there is no feasible and prudent altemative to the use of such land and that the program or project (the conversion from park to college campus) and found that the plan includes all reasonable planning to minimize harm to the land, as a park, resulting from the use of the property as a college campus. Plans have been made to relocate the recreational activities to other suitable sites with new facilities. A new neighborhood park for the area is planned. The proposed ordinance authorizes the City Manager to execute the Declaration of Gift and Agreement between the City of Corpus Christi and the Board of Regents of the Texas A &M University System for the Benefit of Texas A &M University- Corpus Christi and further authorizes the City Manager to take all further actions to effect the conveyance and transfer. The City Manager will not execute the Declaration of Gift and Agreement until the meters and bounds of the property and the desired easements are received. The Declaration of Gift and Agreement provides for the "gifting" of the property to the Texas A &M University System for use of the property for a public purpose related to higher education. The System will have used the property when funds have been appropriated for the construction of improvements, when actual construction of improvements occurs, or when the property is used for conducting research or educational activities in support of the educational mission and activities of the System. H :Leg Dir / Shared /gwWWagentlaRgg7/tg . t 6/Res4&MGiRagendamemp 6 AGENDA MEMORANDUM AGENDA ITEM: October 16, 2007 An ordinance authorizing the City Manager to execute a Declaration of Gift and Agreement Between the City of Corpus Christi, Texas and the Board Of Regents of the Texas A &M University System for the Benefit of Texas A &M University- Corpus Christi relating to the conveyance of 140.39 acres of land in the vicinity of Ennis Joslin Road and Nile Drive, including South Guth Park; and authorizing the City Manager to take all further actions to effect the gift and conveyance. ISSUE: The Ward Island campus of Texas A &M University- Corpus Christi is not sufficient for the future needs of the University. City-owned property near the intersection of Ennis Joslin Drive and Nile Drive, including South Guth Park, is well situated to provide additional campus space for the expansion of the University. The proposed ordinance authorizes the City Manager, or his designee, to execute the Declaration of Gift and Agreement Between the City of Corpus Christi, Texas and the Board of Regents of the Texas A &M University System for the Benefit of Texas A&M University- Corpus Christi relating to the conveyance of the 140.39 acres of land and authorizing the City Manager or his designee to take further actions to effect the gift and conveyance. REQUIRED COUNCIL ACTION: Adoption of the proposed ordinance authorizing the City Manager, or his designee, to execute the Declaration of Gift and Agreement Between the City of Corpus Christi, Texas and the Board of Regents of the Texas A &M University System for the Benefit of Texas A &M University- Corpus Christi relating to the conveyance of 140.39 acres of land in the vicinity of Ennis Joslin Road and Nile Drive, including South Guth Park, and authorizing the City Manager to take all further actions to effect the gift and conveyance. RECOMMENDATION: Staff recommends approval of the proposed resolution. Mary 1 Fiscl City A mey Attachment: Exhibit Diagram of property proposed for conveyance to Texas A &M H:% EG -DIR\ Steered \GarySlagenda12007110 -16 AgeMem AMA Gift.doc - 321F35- The Declaration of Gift and Agreement provides that if the System determines that it will no longer use the property for a public purpose related to higher education, or if they decide to sell all or a portion of the property, the City will have a right of first refusal to repurchase that portion of the property no longer to be used for higher education purposes for the value of the improvements that the System has constructed on that portion of the property. A method of valuation is established in the Declaration of Gift and Agreement. The necessary easements for the continuation of utility service and for the operation of the Oso Wastewater Treatment Plant are reserved. The Declaration of Gift and Agreement provides for relocation of such easements at the System's expense, upon approval of the City. The Declaration of Gift and Agreement provides that the City will abandon and vacate that portion of Nile Drive that divides the property upon the request of the System. The Declaration of Gift and Agreement allows the leagues to continue to use of the park facilities for up to five years until the new facilities are completed and ready for league play. The System will pay aII expense of the rinsing of the gift ern:leen:inn H: LegD,r ISnareWgwLagenaa2007 /141WResA &MGIltagendamenla ? Page 1 of 3 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A DECLARATION OF GIFT AND AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI, TEXAS AND THE BOARD OF REGENTS OF THE TEXAS A &M UNIVERSITY SYSTEM FOR THE BENEFIT OF TEXAS A &M UNIVERSITY - CORPUS CHRISTI RELATING TO THE CONVEYANCE OF 140.39 ACRES OF LAND IN THE VICINITY OF ENNIS JOSLIN ROAD AND NILE DRIVE, INCLUDING SOUTH GUTH PARK; AND AUTHORIZING THE CITY MANAGER TO TAKE ALL FURTHER ACTIONS TO EFFECT THE GIFT AND CONVEYANCE WHEREAS, Texas A &M University - Corpus Christi (TAMU -CC) represents a cinnifirant oceat to remig rhriati onri the, raninn mrn,riinnn aril oratinn onri research that benefits the State of Texas and TAMU -CC has established itself as a world -class institution attracting students locally, regionally, nationally, and internationally; and WHEREAS, TAMU -CC has become home to institutes such as the Conrad Blucher Institute and the Harte Research Institute for Gulf of Mexico Studies and because the benefits of research initiatives including the Early Childhood Education Center and the PULSE! Project distinguish this area and support the foundations for sustainable economic growth; and WHEREAS, TAMU -CC has a significant economic impact on our community with an estimated direct impact of $23 million annually for every 1000 students, and WHEREAS, growth in enrollment and facilities at TAMU -CC will soon use up all the available space on the current Ward Island Campus site precluding additional growth and because the majority of adjacent areas have developed and are impractical for consideration for expansion, and WHEREAS, officials at TAMU -CC may have to cap enrollment if a site for campus expansion cannot be identified and secured, and WHEREAS, after extensive review of areas for potential campus expansion, the Texas A &M University System has expressed interest in acquiring certain city- owned property along Ennis Joslin Drive, in the vicinity of Nile Drive, including the property designated and used as South Guth Park, and WHEREAS, research, education, and urban planning employed by TAMU -CC supports sound ecological principles as demonstrated by the beauty and design of the campus; and HALLEG- DIRE, SharecAGaniSSagendai200T10-16 \Orclati nC-Gift Deed.doc —326— Page 2 of 3 WHEREAS, the City Council desires to further consider assisting the expansion of the TAMU -CC campus; and WHEREAS, pursuant to Chapter 26 of the Parks & Wildlife Code, the City Council on September 25, 2007, held a public hearing to receive clearly enunciated local preferences concerning the conveyance of South Guth Park to the Texas A &M University System for the expansion of the Texas A &M University- Corpus Christi campus and determined that no feasible and prudent alternative existed prior to taking or using a public park for a non -park purpose, such public hearing held after three weekly notices of the public hearing first published not less than 30 days prior to the public hearing, particularly on Thursday, August 30, 2007, Thursday, September 6, 2007, and Thursday, September 13, 2007, in The Corpus Christi Caller- Times. NOW, THEREFORE, RE IT ORnAINFn Fy THE retry nui rurtn_ nF THE r!TY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager, or his designee, is authorized to execute the Declaration of Gift and Agreement between the City of Corpus Christi and the Board of Regents of the Texas A &M University System for the benefit of Texas A &M University- Corpus Christi related to the conveyance of 140.39 acres of land, in the vicinity of Ennis Joslin Road and Nile Drive, including South Guth Park, upon delivery of the metes and bounds descriptions of the property and desired easements, and authorizing the City Manager, or his designee, to take all further actions to effect the gift and conveyance. A copy of the Declaration of Gift and Agreement is attached. 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 upon first reading as an emergency measure on this 16th day of October, 2007. ATTEST: Armando Chapa City Secretary APPROVED as to form: October 10, 2007 ry W. Smith Assistant City Attomey For the City Attomey CITY OF CORPUS CHRISTI Henry Garrett Mayor H: 1tEGDIR1 Sha redlGaryS lagenda12007110.161Grd -Gift Deed.doe Corpus Christi, Texas day of , 2007 Page 3 of 3 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 Melody Cooper Larry Elizondo, Sr. Mike Hummell Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon KI LEG- DIR \Shared\GaryMagenda1200T10-76 \OnST RI4-0C fft Deed.doc —328— DECLARATION OF GIFT AND AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI, TEXAS AND THE BOARD OF REGENTS OF THE TEXAS A &M UNIVERSITY SYSTEM FOR THE BENEFIT OF TEXAS A &M UNIVERSITY — CORPUS CHRISTI The CITY OF CORPUS CHRISTI, TEXAS ( "CORPUS CHRISTI ") by this instrument (this "Agreement "1 expressly declares its intent to give a gift of real property to the BOARD OF REGENTS OF THE TEXAS A &M UNIVERSITY SYSTEM ( "TAMUS ") for the use and benefit of Texas A &M University - Corpus Christi. CORPUS CHRISTI declares that this Agreement supersedes any other oral or written declarations, manifestations of donative intent, or limitations or conditions of gift whether written or oral made by CORPUS CHRISTI at any time regarding the subject of this gift. NOTICE ACCEPTANCE OF THE GIFT DESCRIBED IN THIS AGREEMENT IS EXPRESSLY CONDITIONED UPON ACCEPTANCE BY ACTION OF THE BOARD OF REGENTS OF THE TEXAS A &M UNIVERSITY SYSTEM AND THE ADOPTION OF AN ORDINANCE BY THE CITY COUNCIL OF CORPUS CHRISTI, AUTHORIZING CONVEYANCE OF THE GIFT PROPERTY. IF THE GIFT IS NOT ACCEPTED BY THE BOARD OF REGENTS ON OR BEFORE JANUARY 1, 2008, THIS AGREEMENT SHALL AUTOMATICALLY TERMINATE AND NEITHER PARTY SHALL HAVE ANY FURTHER RIGHTS OR OBLIGATIONS UNDER THIS AGREEMENT. NOTWITHSTANDING ANY OTHER TERM OF THIS AGREEMENT TO THE CONTRARY, TAMUS SHALL HAVE THE UNQUALIFIED RIGHT TO TERMINATE THIS AGREEMENT AT ANY TIME PRIOR TO CLOSING BY GIVING NOTICE TO CORPUS CHRISTI. It is CORPUS CHRISTI's specific intent to make a gift to TAMUS for the use and benefit of Texas A&M University- Corpus Christi and to vest all incidents of absolute ownership of the property in TAMUS. CORPUS CHRISTI acknowledges the Board of Regents, in its sole discretion, shall have total control over the use of the Gift Property and the timing of such use. For purposes of this Agreement, the term "use" is defined as a public purpose related to higher education. CORPUS CHRISTI acknowledges that appropriation of funds for construction of improvements, actual construction of such improvements, and intermittent conducting of research or educational activities on the Gift Property, or ary portion thereof, in support of the educational mission and activities of TAMUS constitutes complete compliance by TAMUS with all conditions of conveyance for the Gift Property. Prepared by Wee at Graf Carl Gift ha dm Cry of Cups CY.si Legal rc ]001-001Op 1. Sale of Gift Property. Should the Board of Regents, at any point in the future and in its sole discretion, determine that all, or a portion, of the Gift Property will no longer be used by TAMUS for a public purpose related to higher education, or the Board of Regents determines that it is in the best interest of TAMUS and the State of Texas to sell all or a portion of the Gift Property, then CORPUS CHRISTI shall have a right -of -first refusal to purchase that portion of the Gift Property no longer being used by TAMUS for a public purpose related to higher education or that will be made available for sale, under terms and conditions as provided in this section. CORPUS CHRISTI shall have sixty (60) days after receipt of written notice of such decision to no longer use the land for a public purpose related to higher education or such sale from TAMUS, to accept the sale or purchase offer and J shall notify TAMUS of its exercise to within such (50) city period „r CORP1fi.S CHRISTI shall be deemed purchase in writing wCuual Siic1, �;.:y �...., ...., r -...._ to not have exercised its right to purchase. If CORPUS CHRISTI exercises its right to purchase, it shall pay as the purchase price, the value of the TAMUS improvements on the property that is no longer being used for a public purpose related to higher education or being sold. The value of the improvements at the time of the sale shall be _determined by the procedure below. If CORPUS CHRISTI does not exercise its right to purchase as provided above, then if TAMUS sells all or a portion of the Gift Property to a third party, TAMUS agrees to pay CORPUS CHRISTI the fair market value of the land at the time of the sale, as determined by the procedure below. To establish the fair market value of the Gift Property, the following procedure shall be implemented: A. TAMUS will notify CORPUS CHRISTI in writing of its choice of a Member of the Appraisal Institute to conduct an appraisal of the fair market value of the land and the improvements to be sold (referred to as the "Sale Assets "). B. Within ten (10) days after receipt of the written notice, CORPUS CHRISTI shall notify TAMUS in writing of its choice of a Member of the Appraisal Institute to conduct an appraisal of the Sale Assets. C. Each party will use its best efforts to maintain confidentiality in the appraisal process. The appraisals must be completed and delivered by the appraisers with thirty (30) calendar days after CORPUS CHRISTI's written notice is delivered to TAMUS pursuant to this section. Upon completion of each written appraisal, each appraiser must submit a written opinion of the fair market value of the Sale Assets, together with all back -up documentation requested by either party, to the party which ordered the appraisal. Each party shall pay all costs incident to its appraisal. The appraisals must be submitted by each party to the other. NAgDi rile&RISOAP"Y2i0ApCC070910 D. If the two (2) written opinions of the fair market value of the Sale Assets differ by more than 10 %, and TAMUS and CORPUS CHRISTI cannot agree upon a sale price supported by the appraisals, then the two (2) appraisers shall agree upon the selection of a third Member of the Appraisal Institute, who will review the two appraisal reports and render an opinion of value. The right of CORPUS CHRISTI to reacquire the Gift Property, or any portion thereof, and all terms and conditions set forth herein related thereto shall survive the Closing of the transaction contemplated herein. This gift of real property consists of three tracts containing a total of 140.39 acres of land, more or less (collectively the "Gift Property") known municipally as South Guth Park (41.91 acres), Nile Drive (2.11 acres) and the land surrounding the Oso Wastewater Treatment Plant (96.37 acres). The Gift Property is identified by metes and bounds and shown on the map attached to this Agreement as Exhibit "A." The gift will be subject to those matters of record listed in a title commitment approved by TAMUS. CORPUS CHRISTI and TAMUS recognize that condemnation powers exist for the acquisition of this Gift Property. The parties have agreed that the Gift Property is necessary to promote a paramount public purpose related to higher and there is no need to resort to litigation in respect to affecting the purposes of this Agreement After the CORPUS CHRISTI City Council adopts an Ordinance authorizing conveyance of the Gift Property, CORPUS CHRISTI will execute and deliver to TAMUS a Gift Deed in the form of Exhibit "B," attached to this Agreement, for 138.28 acres, more or less, consisting of South Guth Park and that land surrounding the Oso Wastewater Treatment Plant The Nile Drive gift will be made in accordance with Section 4.6 of this Agreement. TAMUS and CORPUS CHRISTI agree that easements shall be established for existing utility lines, existing drainage and an access easement to the waste water treatment plant, as described in Exhibit "C" attached shall be retained in perpetuity by CORPUS CHRISTI for its exclusive use in the Gift Deed conveyance document. If CORPUS CHRISTI determines that it no longer has need of one or more of these easements, CORPUS CHRISTI will promptly notify TAMUS of its intent to abandon such easement(s) and will release, by an appropriate written release, such easement(s) to TAMUS without any action or payment being required by or made on behalf of TAMUS. TAMUS and CORPUS CHRISTI further agree that TAMUS may, at its sole expense, relocate existing utility lines and easements, the drainage easement and access to the waste water treatment plant, subject to the approval of CORPUS CHRISTI, which will not be unreasonably withheld. 2. Inspections and Site Assessment. At any time during the period beginning on the effective date of this Agreement and continuing through the Closing Date ( "Feasibility Period "), TAMUS may conduct any feasibility studies, tests, inspections, and examinations of and on the Gift Property, which TAMUS considers necessary, including but not limited to: (a) studies of subsurface soil conditions and test borings, (b) environmental studies, which can include testing for asbestos and the presence of any toxic or other hazardous substance in, on, or under the Gift Property, (c) historical investigations, and (d) archeological investigations. TAMUS also has the right to conduct wetland studies, and any other studies, title searches, and surveys, which at TAMUS' sole discretion it deems necessary. TAMUS, its agents and representatives may enter Is ,u.yn:ltemuusaw.`.CAA aC 7o92O the Gift Property at any reasonable time prior to the Closing Date for the purpose of conducting the above noted tests and examinations. If TAMUS, in its sole and absolute discretion, determines for any reason not to accept the Gift Property, TAMUS may, upon written notice to CORPUS CHRISTI, terminate this Agreement. CORPUS CHRISTI agrees to disclose and deliver to TAMUS all written agreements, commitments, reports, and obligations, if any, which CORPUS CHRISTI has in its control or possession which affect the Gift Property, including prior condition and environmental reports, and to disclose any contingent liabilities associated with the Gift Property. Copies of any such documents must be delivered to TAMUS within ten (10) business days after the Effective Date of this Agreement. 3. Title Commitment and Survey. 3.1 Title Commitment. Within twenty (20) calendar days following the effective date of this Agreement, TAMUS will, at its expense, have a standard form Title Commitment as promulgated by the Texas Department of Insurance ( "Commitment ") covering the Gift Property, issued by a title company acceptable to TAMUS (the "Title Company"), and underwritten by a company acceptable to TAMUS, together with copies of all instruments, if any, referred to in the Commitment as exceptions to title. A copy of the Commitment will be provided to the City Manager of CORPUS CHRISTI. 3.2 Survey. TAMUS will, at its expense, have a current boundary survey of the Gift Property (the "Survey ") prepared by a Registered Professional Land Surveyor licensed by the State of Texas. A copy of the Survey will be provided to the City Manager of CORPUS CHRISTI. 3.3 Review of Title Commitment and Survey. TAMUS shall have a period of fifteen (15) days (the "Title Review Period ") after its receipt of the Commitment in which to review the Commitment and the Survey, and to give written notice to CORPUS CHRISTI specifying TAMUS' objections (the "Objections "), if any, to the Commitment and the Survey. 3.4 CORPUS CHRISTI's Obligation to Cure: TAMUS' Right to Terminate. If TAMUS shall have timely notified CORPUS CHRISTI in writing of Objections to the Commitment or the Survey, then CORPUS CHRISTI may, but shall not be obligated to, cure the Objections to the reasonable satisfaction of TAMUS within fifteen (15) days following CORPUS CHRISTI's receipt of TAMUS' written Objections (the "Cure Period "). If the Objections are not cured to TAMUS' satisfaction within the Cure Period, then TAMUS shall give written notice to CORPUS CHRISTI and this Agreement shall terminate. 4. Representations and Warranties of CORPUS CHRISTI. CORPUS CHRISTI represents and warrants as of the date hereof and as of the Closing Date (as :± HOrtin/P.,.sG, ;., ,,OS2O hereafter defined) that: 4.1 There is no action, suit, proceeding or claim affecting the Gift Property or any portion thereof nor relating to the ownership, operation, use or occupancy of the Gift Property pending or threatened by or before any authority or governmental instrumentality. 4.2 To its best knowledge and belief, no portion of the Gift Property is the subject of any actual or proposed condemnation or eminent domain proceeding, or any other litigation or proceeding. 4.3 To its best knowledge and belief, no hazardous material has been installed, used, stored or disposed of, in, on or under the Gift Property. 4.4 CORPUS CHRISTI is not prohibited from consummating the transactions contemplated in this Agreement, by any law, regulation, agreement, instrument, restriction, order or judgment. 43 CORPUS CHRISTI has full right, title and authority to enter into this Agreement and no other party has any right, option, interest, or claim to all or any part of the Gift Property. 4.6 CORPUS CHRISTI agrees that it will vacate and close that portion of Nile Drive from Ennis Ioslin Road to Pharaoh Drive, as more particularly described in Exhibit "A" attached to this Agreement, no later than 60 days after requested by TAMUS and the vacated and abandoned road right -of -way will be conveyed at that time to TAMUS. All of the foregoing warranties and representations shall survive. the Closing of the transaction contemplated herein. 5. Closing Date. The closing of the conveyance of the Gift Property (the "Closing ") will be held in the offices of the Title Company on a date (the "Closing Date ") mutually acceptable to TAMUS and CORPUS CHRISTI, but in no event will the Closing be later than thirty (30) days after all approvals have been obtained. 6. Events of Closing. At the Closing: 6.1 CORPUS CHRISTI shall deliver to TAMUS the following: 6.1.1 The Gift Deed in the form of Exhibit `B ". The Gift Deed will retain a ten (10) foot maintenance easement surrounding the Oso Wastewater Treatment Plant, any utility easements CORPUS CHRISTI wants to retain, an access easement to the Oso Wastewater Treatment Plant, and a drainage easement for the creek located north of the Oso Wastewater Treatment Plant. H:LgDCgnnllSati . Gi kp=10rw 6.1.2 Tax certification showing that no ad valorem taxes are due and owing against the Gift Property; 6.1.3 Sole and exclusive possession of the Gift Property, subject to Section 4.6 and the lease provision in Section 6.3 below. 6.1.4 Such evidence of the authority and capacity of the person(s) executing the closing documents on behalf of CORPUS CHRISTI as TAMUS or its counsel may reasonably require. 6.2 TAMUS chalI deliver to CORPUS CHRISTI such evidence of the authority and capacity of TAMUS and its representatives as CORPUS CHRISTI or its el..,ov reacnnahly reatire. 6.3 TAMMUS will lease to CORPUS CHRISTI the baseball fields in South Guth Park. The term of the lease will be for five (5) years, with consideration being One Dollar (51.00) per year. Either CORPUS CHRISTI or TAMUS may terminate the Lease by giving a one (1) year written notice to the other party. CORPUS CHRISTI will be responsible for all costs to operate these facilities and will indemnify to the extent allowed by the Constitution and laws of the State of Texas and without waiving any exemption from liability or limitations of liability or will require all sports leagues using the fields to provide an insurance policy with TAMUS being a named insured for any liability resulting from use of the Gift Property for this purpose. CORPUS CHRISTI may remove any improvements from the site; however, any improvements that remain on the site upon the expiration of the lease will be the property of TAMUS. 7. Expenses. TAMUS shall pay or cause to be paid all closing costs. 8. Notices. Any notice required or permitted under this Agreement must be in writing, and shall be deemed to be delivered (whether actually received or not) when deposited with the United States Postal Service, postage prepaid, certified mail, return receipt requested, and addressed to the intended recipient at the address set out below. Notice may also be given by regular mail, personal delivery, courier delivery, facsimile transmission, email or other commercially reasonably means and will be effective when actually received. TAMUS and CORPUS CHRISTI can change their respective notice address by sending to the other party a notice of the new address. Notices should be addressed as follows. If to CORPUS CHRISTI: George K. Noe City Manager P.O. Box 9277 Corpus Christi, TX 78459-9277 Tel. 361 - 880 -3220 Fax. 361- 880 -3839 If to TAMUS: Dr. Flavius C. Killebrew With a copy to: President Texas A &M University- Corpus Christi 6300 Ocean Drive Corpus Christi, TX 78412 Tel. 361- 825 -2621 Fax. 361- 825 -5810 Associate Vice Chancellor for Real Estate System Real Estate Office The Texas A&M University System A&M System Building, Suite 1281 200 Technology Way College Station, Texas 77845 -3424 Tel. 979 - 458 -6350 Fax. 979 -458 -6359 9. Miscellaneous. 9.1 Governing Law and Venue: The validity of this Agreement and all matters pertaining to this Agreement, including but not limited to, matters of performance, non - performance, breach, remedies, procedures, rights, duties, and interpretation or construction, shall be governed and determined by the Constitution and the laws of the State of Texas. This Agreement is performable in Nueces County, Texas. Pursuant to Section 85.18, Texas Education Code, venue for any suit filed against TAMUS shall be in the county in which the primary office of the chief executive officer of TAMUS is located. 9.2 Grammatical. Whenever the singular number is used, it includes the plural, and the masculine gender includes the feminine and neuter gender. 9.3 Headings. Headings are for reference only and will not be construed to limit or alter the meaning of the provisions of this Agreement. 9.4 Entire Agreement. This Agreement constitutes the entire agreement between and among the parties and will not be explained, modified, or contradicted by any prior or contemporaneous negotiations, representations, or agreements, either written or oral. This Agreement can be amended only by a subsequent, mutually agreed to, written instrument. 9.5 Survival of Covenants. Any of the representations, warranties, covenants, and agreements of the parties, as well as any rights and benefits of the parties, pertaining to a period of time following Closing will survive Closing and will not be merged. 9.6 Parties Bound. This Agreement is binding upon and inures to the benefit of the parties and their respective heirs, executors, administrators, legal representatives, X: V e DIMUrso.w.w MApcco7arw successors in interest or office, and assigns (but this Section does not constitute permission for an assignment). 9.7 Saving Clause. If any one or more of the provisions of this Agreement, or the applicability of any such provision to a specific situation, shall be held invalid or unenforceable, such provision shall be modified to the minimum extent necessary to make it or its application valid and enforceable, and the validity and enforceability of all other provisions of this Agreement and all other applications of any such provision shall not be affected thereby. 9.8 Effective Date. The Effective Date of this Agreement is the date the last party signs. 9.9 Countemart Execution. This Agreement may be executed in several counterparts, each of which shall be fully effective as an ongmai and aii of which together shall constitute one and the same instrument. 9.10 Further Acts. In addition to the acts recited in this Agreement to be performed by each party, each party agrees to perform or cause to be performed at the Closing or after the Closing any and all such further acts as may be reasonably necessary to consummate the transactions contemplated hereby. 9.11 Time. Time is of the essence in this Agreement. EXECUTED this the day of , 2007 by CORPUS CHRISTI. ATTEST: "CORPUS CHRISTPI CITY OF CORPUS CHRISTI, TEXAS Armando Chapa City Secretary APPROVED AS TO FORM: Mary K Fisc City Attorney By. GEORGE K NOE City Manager The gift described in this Agreement is acknowledged by TAMUS, subject to acceptance of this gift by the Board of Regents and compliance with the policies, regulations, and procedures of TAMUS. µ;r ! w.pS VSWdh dGit pl'07O92O EXECUTED this day of , 2007 by TAMUS. "TAMUS" BOARD OF REGENTS OF THE TEXAS A &M UNIVERSITY SYSTEM for the use and benefit of Texas A &M University- Corpus Christi By. MICHAEL D. MCKINNEY, M.D. Chancellor The Texas A &M University System RECOMMEND ACCEPTANCE: JAY KIMBROUGH Deputy Chancellor and General Counsel The Texas A &M University System FLAVIUS C. KILLEBREW President Texas A &M University - Corpus Christi DAN K. BUCHLY Associate Vice Chancellor for Real Estate System Real Estate Office The Texas A &M University System APPROVED AS TO FORM: EDDIE D. GOSE, J.D. we DizirsT MDuthPW)GiMQCCG79939 Assistant General Counsel Office of General Counsel The Texas A &M University System rae&L G brwcunv0:11bosm EXHIBIT "A" FIELD NOTE DESCRIPTION OF Iii GIFT PROPERTY [TO BE INSERTED LATER] IiigMt..rsomr.t/mMMocC070920 -3} EXHIBIT `B" FORM OF GIFT DEED NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. STATE OF TEXAS COUNTY OF NUECES § GIFT DEED The CITY OF CORPUS CHRISTI, TEXAS ( "CORPUS CHRISTI "), in support and furtherance of Texas A &M University - Corpus Christi, GIVES, GRANTS, and CONFIRMS unto the BOARD OF REGENTS OF THE TEXAS A &M UNIVERSITY SYSTEM ( "TAMUS "), for the use and benefit of Texas A &M University - Corpus Christi, the following described real property in Nueces County, Texas (the "Gift Property") and being described on Exhibit "A" attached to this Gift Deed and made a part for all purposes. Further, this gift is made by CORPUS CHRISTI and accepted by TAMUS subject to the following reservations and covenants: 1. This conveyance is made subject to all reservations, covenants, restrictions, easements, rights -of -way, and other matters affecting the Gift Property of record in the Real Property Records of Nueces County, Texas, or apparent on the ground. 2. This conveyance does not cover or include any oil, gas and other minerals in and under the Gift Property (except water, rock, stone, sand and gravel and any mineral content of such materials); provided, however, CORPUS CHRISTI, its representatives, assigns, lessees, and successors in title will have no right to and will never enter, explore, drill or engage in any operations of any kind upon the AUsOW M&MOuhrMVGiA/We:07W20 surface of the Gift Property for discovery, development or recovery of such oil, gas or other minerals. 3. CORPUS CHRISTI and TAMUS agree it is the intent of TAMUS to use the Gift Property to support the educational mission and activities of Texas A &M University- Corpus Christi. CORPUS CHRISTI acknowledges appropriation of funds for construction of improvements, actual construction, and intermittent conducting of research or educational activities on the Gift Property, or any portion thereof, constitutes compliance by TAMUS with all conditions of wii "v cyau:.c for uw Gift , Luycr.y. 4. TAMUS and CORPUS CHRISTI agree that easements for the existing utilities and a drainage easement, as described in Exhibit "B" attached to this Gift Deed, shall be retained in perpetuity by CORPUS CHRISTI for its exclusive use. If CORPUS CHRISTI determines that it no longer has need of one or more of these easements, CORPUS CHRISTI will promptly notify TAMUS of its intent to abandon such easement(s) and will release, by an appropriate written release, such easement(s) to TAMUS without any action or payment being required by or made on behalf of TAMUS. 5. If TAMUS determines that it no longer intends to use the Gift Property, or arty portion, thereof for a public purpose related to higher education or it elects to sell all or a portion of the Gift Property, then TAMUS grants to CORPUS CHRISTI a right-of-first refusal to purchase that portion of the Gift Property that will be made available for sale. If CORPUS CHRISTI exercises its right to purchase, it shall pay as the purchase price, the value of the TAMUS improvements on the property subject to such sale. The value of the improvements at the time of the sale shall be determined in the appraisal procedure established on page 2 of the Declaration of Gift and Agreement between the City of Corpus Christi, Texas and the Board of Regents of the Texas A&M University System for the benefit of Texas A &M University - Corpus Christi, a copy of which is attached to this _ fl is NigDil{nNhMGm6hkOGAA0LC07012O Gift Deed as Exhibit "C" attached to this Gift Deed and made a part for all purposes. 6. In the event CORPUS CHRISTI elects not to purchase such property, and TAMUS sells the property, TAMUS agrees to pay to CORPUS CHRISTI the fair market value of the land at the time of the sale as determined in the appraisal procedure established on page 2 of the Declaration of Gift and Agreement between the City of Corpus Christi, Texas and the Board of Regents of the Texas A&M University System for the benefit of Texas A &M of which .«ached tc this (lift nPott Ae University-Corpus l.ilrl]li, a i:uYy ui w,uw� is e............ Exhibit "C" attached to this Gift Deed and made a part for all purposes. TO HAVE AND TO HOLD the above described Gift Property, together with all and singular the rights and appurtenances therein and anywise belonging to TAMUS, its successors and assigns forever, and CORPUS CHRISTI hereby binds itself, its successors and assigns, to warrant and forever defend all and singular the Gift Property to TAMUS, its successors and assigns, against every person whomsoever lawfully claiming, or to claim the same or any part of the Gift Property. EXECUTED this the day of , 20 by CORPUS CHRISTI. ATTEST: "CORPUS CHRISTI" CITY OF CORPUS CHRISTI, TEXAS Armando Chapa City Secretary APPROVED AS TO FORM: Mary Kay Fischer City Attorney By: GEORGE K NOE City Manager The gift described in this Agreement is acknowledged by TAMUS, subject to acceptance of this gift by the Board of Regents and the gift's compliance with the policies, regulations, and procedures of TAMUS. H irMtu5Gwv.r.cdcAocQ7w:o EXECUTED this day of , 2007 by TAMUS. " TAMUS" BOARD OF REGENTS OF THE TEXAS A &M UNIVERSITY SYSTEM for the use and benefit of Texas A &M University - Corpus Christi By. MICHAEL D. MCKINNEY, M.D. Chancellor The Texas A &M University System RECOMMEND ACCEPTANCE: JAY KIMBROUGH Deputy Chancellor and General Counsel The Texas A &M University System FLAVIUS C. KILLEBREW President Texas A &M University - Corpus Christi DAN K BUCHLY Associate Vice Chancellor for Real Estate System Real Estate Office The Texas A &M University System APPROVED AS TO FORM: EDDIE D. GOSE, J.D. Assistant General Counsel Office of General Counsel The Texas A &M University System -35}5 Hi sDtn+R R/SGmbP.niaifiAVoO7oslo STATE OF TEXAS COUNTY OF NUECES ACKNOWLEDGEMENTS § BEFORE ME, the undersigned authority, a Notary Public in and for the City of Corpus Christi, State of Texas, on this day personally appeared GEORGE K NOE, City Manager for the City of Corpus Christi, Texas, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed it for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF orHCE this ,2007. STATE OF TEXAS COUNTY OF BRAZOS § § Notary Public, State of Texas My Commission Expires: uay ui BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared MICHAEL D. MCKINNEY, M.D., Chancellor for The Texas A &M University System, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed it as the act and deed of the Board of Regents of The Texas A &M University System, for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of , 2007. Notary Public, State of Texas My Commission Expires: X4SDmp' 7 &NSGitbPUHGJApCCO70Y10 GRANTEE'S ADDRESS: Associate Vice Chancellor for Real Estate A &M System Building 200 Technology Way, Suite 1281 College Station, Texas 77845 -3424 ithqpirgramozarntieArconono —345.— EXHIBIT `B" FIELD NOTE DESCRIPTIONS OF THOSE EASEMENTS BEING RETAINED BY THE CITY OF CORPUS CHRISTI AT CLOSING TO BE MORE ACCURATELY DETERMINED IN THE SURVEY OF THE PROPERTY BY TAMUS. [TO BE INSERTED LATER] -TIP- • MOT TO SCALE NI Mt Own 3.1 SITE oMb r w • • ,` • TUAS AS - GONGS 013 i OS pr INARYI T ACREAGES S 1 Lat-ASICS z 1MCT 7 11.17 ACM , 'r_ TOTAL • 'O30 VIASEMA1ER 1 I AT PLANT 1RACT • ]6*25 ACRES SURVEYOR NO1E3 LUCID - WEARY ▪ SET OROII • NO MEWS MIS W ♦ Tx YON 1700 Malt SASE O STATE RAKE COOOMATES NADU ASPS 10/11 C 041 4205 sa OETSRMRIED ON MA 7• 7007. 1.1013K•01.10 M TT UNES AS 1140111 FROM sOS Wi Ott OF CORPUS TE J airs6RE.E Elal TONE A 10 NOTES TWA ZONE A 15 06 1) SCALD MIMI PANEL 701 W 405 FLOOD M7IMANCE RATE. 002111 O w tt-ENR *555 1WN 0304 C YM M MAMA/ FLOE wRRna !0001 R11� •LT R on OTT O COMO CHUM TONS PANEL 303 W 405 MIMI AND PROEM COMM MUN5RT. N R IMA NSW 0303 C MAP IL RERIMM AM -260- -348- Page 1 of 1 ORDINANCE ABANDONING AND VACATING A 26,971 - SQUARE FOOT PORTION OF UNDEVELOPED AND UNSURFACED, DEDICATED PUBLIC RIGHT -OF- WAY (NILE DRIVE), LOCATED WEST OF THE ENNIS JOSLIN ROAD PUBLIC RIGHT -OF -WAY; SUBJECT TO COMPLIANCE WITH THE SPECIFIED CONDITIONS WHEREAS, The Texas A &M University System (TAMUS) is requesting the abandoning and vacating of a 26,971- square foot portion of undeveloped and unsurfaced, dedicated public right -of -way (Nile Drive), which is located west of the Ennis Joslin Road public right -of -way, as part of the Declaration of Gift and Agreement between the City of Corpus Christi and the Board of Regents of the Texas A &M University System, in order to allow for the realignment to the Nile Drive public right -of -way at the Ennis Joslin Road intersection; and WHEREAS, with proper notice to the public, public hearing was held on Tuesday, August 18, 2009, 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, it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon and vacate said portion of the utility easement, subject to the provisions below. (Exhibit A, Location Map and Exhibit B, Map of proposed R.O.W. closure, attached) NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. That a 26,971- square foot portion of a undeveloped and unsurfaced, dedicated public right -of -way (Nile Drive), as recorded in Volume A, Pages 41-43, of the Map Records of Nueces County, Texas, is abandoned and vacated, subject to Owner's compliance with the conditions specified in Section 2. below. SECTION 2. The abandonment and vacation of the above utility easement is conditioned upon Owner's compliance with the following: A) Staff recommends that payment of the fair market value be postponed until a later date, based on the Declaration of Gift and Agreement between the City of Corpus Christi and the Board of Regents of the Texas A &M University System, at which time a third party sale occurs the fair market value will be established and due. B) City Water Department has two water mains (12" & 16 ") within the proposed street closure and is requiring that the owner retain a minimum 20 -foot wide utility easement for the water mains or relocate the water main at owner's expense. H:\LEG -D I R \Shared \LEGAL -DE V. SVCS\2009 Agenda\8- 18\034- 9andon- vacate ROW - Nile -Enn isJoslin.doc Page 2 of 3 C) City Wastewater Department has a 42 -inch RCP sewer line within the undeveloped and unsurfaced public right -of -way and required that a utility easement be retained or that their sewer line be relocated at owner's expense. D) Storm Water Department has an existing 36" RCP storm sewer line within the right -of -way and is requiring that a utility easement be retained within the right -of -way. E) AEP has overhead electrical facilities within the undeveloped and unsurfaced public right -of -way and required that a utility easement be retained or that their facilities be relocated at owner's expense. F) Grande Communications has aerial cable on AEP poles located within the undeveloped and unsurfaced public right -of -way and required that utility easement be retained or that their facilities be relocated at owner's expense. G) City will be retaining a 50 -foot wide utility easement within a portion of the undeveloped and unsurfaced public right -of -way for maintenance of existing utilities. H) City will be retaining a 50' ingress /egress easement connecting the Oso Treatment Plant main entrance and Ennis Joslin Road (Spur 3). I) Upon approval by Council and issuance of the ordinance, all grants of street 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 the approval of building permit and construction, an up -to -date survey, abstracted for all easements and items of record, must be submitted to the Assistant City Manager of Development Services. Ht\LEG -DIR \Shared \LEGAL- DEV.SVCS\2009 Agenda\B- 1B'nabandon- vacate ROW - Nile- EnnisJoslin.doc Page 3 of 3 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2009, by the following vote: Joe Adame Priscilla Leal Chris N. Adler John E. Marez Brent Chesney Nelda Martinez Larry R. Elizondo, Sr. Mark Scott Kevin Kieschnick That the foregoing ordinance was read for the second time and passed finally on this the day of , 2009, by the following vote: Joe Adame Priscilla Leal Chris N. Adler John E. Marez Brent Chesney Nelda Martinez Larry R. Elizondo, Sr. Mark Scott Kevin Kieschnick PASSED AND APPROVED, this the day of , 2009. ATTEST: Armando Chapa City Secretary APPROVED as to form: August 12, 2009 By: mil.c1.471-c->r eborah Walther Br Assistant City Attorney For City Attorney Joe Adame Mayor H:\ LEG -DIR\ Shared\ LEGAL- DEV.SVCS\2009 Agenda \8 -18t0a . Pindon- vacate ROW- Nile - EnnisJoslin.doc Oso Beach Golf Municipal Course Pharaoh Valley LOCATION MAP Exhibit A r CITY of CORPUS CHRISTI, TEXAS 'Department of Engineering Services Survey Division 361- 826 -3500 Date: 04-30-2008 Drown By: M. ANDRADE Checked By: 0. NESM 5 2- ProlecE 3316 1Rle: CAPROJECTS \OSO AND NILE EASEMENT' EXHIBITS \DWC \LOCATION MAP.DWC Nf1T Tfl grid F SHEET 1 OF 1 §tiq §k33 7 $ W • It • k f o(■ $\b g �] \ ) �eo •�. .§ j \2 ¥ 2 § il .14 re ®� bItte ' S . (. ° 2 - in § a • CI \§ lo §e $ ( 2 , §9aa >- ■ . Q. ■ \o ` /I-k /i La 0 }/§ § �] «� g -I � e 2: Seale In Feat -asaExhibit B 24 NO ATTACHMENT FOR THIS ITEM -357- 25 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: August 18, 2009 AGENDA ITEM: Public hearing on proposed ad valorem tax rate increase. ISSUE: The State Property Tax code requires that two public hearings be held when a taxing unit proposes to impose an amount of property taxes that exceeds the preceding year's property taxes. The fiscal year 2009 -2010 adopted budget approved by the City Council on July 29, 2009, includes a proposed tax rate of $0.563846 per $100 valuation, which is the same tax rate used for fiscal year 2008 -2009. Although this rate does not exceed the rollback rate of $0.581837 per $100 valuation, it does exceed the effective tax rate of $0.554865 per $100 valuation, which means it produces more property tax revenues than the preceding year because of increased property values. As a result of this increase in revenues, two public hearings must be held. This is the first of the two public hearings. The second public hearing will be held on Tuesday, August 25, 2009. REQUIRED COUNCIL ACTION: Hold a public hearing to enable taxpayers to express their views on the proposed tax increase. PREVIOUS COUNCIL ACTION: July 29, 2009 — City Council adopted the City budget for fiscal year 2009 -2010 based on the proposed tax rate of $0.563846 per $100 valuation. July 29, 2009 — City Council voted to schedule September 8, 2009 for adoption of the ad valorem tax rate of $0.563846 per $100 valuation and voted to schedule two public hearings on the proposed ad valorem tax rate for August 18, 2009 and August 25, 2009. FUTURE COUNCIL ACTION: August 25, 2009 — Hold a second public hearing to enable taxpayers to express their views on the proposed tax increase. September 8, 2009 — City Council to vote to adopt the ad valorem tax rate of $0.563846 per $100 valuation. September 29, 2009 or October 13, 2009 — Certification of tax levy (subject to receipt from Nueces County Tax Office) 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 8, 2009 Council meeting beginning at 12:00 PM at City Hall, the City Council will vote on the proposed tax rate. Constance P. Sanchez Interim Director of Financial Services constancep @cctexas.com (361) 826 -3227 Attachments: Background Information August 9, 2009 publication in Caller -Times — Notice of Public Hearing on Tax Increase August 2, 2009 publication in Caller -Times — 2009 Property Tax Rates PowerPoint Presentation —3 61 - BACKGROUND INFORMATION The State Property Tax Code (Code) requires that a taxing unit hold two public hearings when the taxing unit proposes to impose a tax rate that exceeds the lower of the rollback tax rate or the effective tax rate. The effective tax rate is a calculated rate that would provide the taxing unit with about the same amount of revenue it received in the prior year, on properties taxed in both years. It is generally equal to the prior year's taxes divided by the current year's taxable values of properties that were also on the tax roll in the prior year. The rollback tax rate is a calculated maximum rate allowed by law without voter approval. The rollback rate provides the taxing unit with about the same amount of tax revenue it spent the previous year for day -to -day operations plus an extra 8% increase for those operations, in addition to sufficient funds to pay debts in the coming year. This rate divides the overall property taxes into two categories — maintenance and operations (M &O) taxes and debt service (I &S) taxes. The M &O portion of the tax rate is the rate that would be needed to raise eight percent more operating funds than the unit levied in the preceding year. This calculation is similar to the effective tax rate calculation. The I &S portion is the tax rate that will be needed to pay the entity's debt payments in the coming year. This part of the calculation does not depend on the prior year' s debt taxes. It only considers what the entity will need for the current year. The portion of the overall rate used to retire debt may rise as high as necessary without triggering a potential rollback. The M &O portion, however, may rise only eight percent. The Certification of 2009 Appraisal Roll received from the Nueces County Appraisal District reports a total certified net taxable value, including 70 % of properties under protest, of $14,440,609,740. This compared to the 2008 certified values of $13,813,335,014 reflects a 4.54% increase in property values. Of this amount, $314,049,537 is attributed to new growth, or 2.17 %. The fiscal year 2009 -2010 budget approved by the City Council on July 29, 2009, includes a proposed tax rate of $0.563846 per $100 valuation. The proposed allocation between the General Fund (M &O) and the Debt Service Fund (I &S) for fiscal year 2009 -2010 is $0.364671 and $0.199175 per $100 valuation, respectively, which is the same allocation as in the prior year. In compliance with the financial policies adopted by the City Council on May 19, 2009, the fiscal year 2009 -2010 budget was prepared with the assumption that the City will adopt a tax rate necessary to provide that the General Fund operating revenues equal or exceed the current budgeted expenditures. Although the rate of $0.563846 per $100 valuation does not exceed the rollback rate of $0.581837 per $100 valuation, it does exceed the effective tax rate of $0.554865 per $100 valuation; thus requiring two public hearings. As required by the Code, a "Notice of Tax Revenue Increase" will be published on August 30, 2009 in the Corpus Christi Caller- Times. —362— Public Hearing Notice Published in the Corpus Christi Caller -Times on Sunday, August 9, 2009 Notice of Public Hearing on Tax Increase The City of Corpus Christi will hold two public hearings on a proposal to increase total tax revenues from properties on the tax roll in the preceding tax year by 1.62 percent (percentage by which proposed tax rate exceeds lower of rollback tax rate or effective tax rate calculated under Chapter 26-; Tax Code). Your individual taxes may increase at a greater or lesser rate, or even decrease, depending on the change in the taxable value of your property in relation to the change in taxable value of all other property and the tax rate that is adopted. The first public hearing will be held on August 18, 2009, during the City Council Meeting beginning at 12:00 PM at Council Chambers, City Hall, 1201 Leopard St., Corpus Christi, Texas 78401. The second public hearing will be held on August 25, 2009, during the City Council Meeting beginning at 12:00 PM at Council Chambers, City Hall, 1201 Leopard St., Corpus Christi, Texas 78401. The members of the governing body voted on the proposal to consider the tax increase as follows: FOR: Mayor Joe Adame Council Member Brent Chesney AGAINST: PRESENT and not voting: ABSENT: Council Member Larry Elizondo, Sr. Council Member Priscilla Leal Council Member John Marez Cogncil Member Nelda Martinez Council Member Mark Scott (none) (none) Council Member Chris N. Adler Council Member Kevin Kieschnick The average taxable value of a residence homestead in City of Corpus Christi last year was $111,339. Based on last year's tax rate of $0.563846 per $100 of taxable value, the amount of taxes imposed last year on the average home was $627.78. The average taxable value of a residence homestead in City of Corpus Christi this year is $113,873. If the governing body adopts the effective tax rate for this year of $0.554865 per $100 of taxable value, the amount of taxes imposed this year on the average home would be $631.84. If the governing body adopts the proposed tax rate of $0.563846 per $100 of taxable value, the amount of taxes imposed this year on the average home would be $642.07. Members of the public are encouragp3149attend the hearings and express their views. Tax Rate Information Published in the Corpus Christi Caller -Times on Sunday, August 2, 2009 2119 Properly Tax Bates to City of Capes Christi m4 notice cancans 2009 property tax nee for City of Caps Christi. It presents infcnrrtim about three tax rates. Let yafs fax tate is the actual rate the taxing unit used to thiamine pnpesty tare last yaw. This yeas effective tar rsk would impbae the same taul taxes as last year if you compere properties taxed in both yeas. This yeas rollback fax rate is the • highest tax rate the axing wit an w before taxpayers an start tax rollback procedures. In each case these rata an found by dividing the total amount of taxes by the tax base . (the _ total value of taxable property) with adjustments as required by sate law. The rata are given per 5100 of property value. Last year's In rota Last yeas operating taxes 146,924,633 Last yafs debt taxm 125,629,167 Last year's total taxa 572,553,300 La yeas tot bate 812.567,662,447 Lan yeah total tax ate 0.563846 3100 Tul year's estetlse fax rata last wits adjusted axes 170,312,352 (after subtracting taxes on lost property) .. + This year's adjusted tax base 112,720,6302113 (a*a 'deriding value of new property) - This years effective tax rate 0.554865 3100 (Madamn we sdess snit publishes notices and bolds hearings.) 714 yam's rollback fax rate: Last yafs adjusted operating taxes (after 545,071.415 subtmakrg taxes on lost property and adjuring for any transferred function, tax Mean= financing, sae criminal justice mandate, and/or enhanced indigem health are expenditures) +This yeas adjusted fax base 512,720,630,813 tai yeas effective operating rate 0.354317 3100 x LOB - risk year's mximum operating rate 0.382662 3100 +This yeas debt rate 0.199175 3100 714 year's total mIlback rate 0381837 3100 Strangest of IaxraaslDeereaae If City of Corpus Christi adopts a 2009 but rate equal to the effective tax rte of *0354865 per 5100 of value, axes would decrease compared to 2008 axes by 5228,921. Sciduk A - Unencumbered Fad Balances The following estimated balances will be left in the wits property fax acmats at end of the fisal year These balances are not encumbered by t corresponding debt obligation. Type of Pnpeay Tax Feed Helmet Goland had 124,403,438 Debt Service Fwd - 19.314.110 -364- Schedule B - 2009 Debt Service The unit plans to pay the following amounts for long -term debts that are secured by property taxes. These amounts will be paid from property tax revenues (or additional sales tax revenues, if applicable). PAdp.I or Interest to be Contract Payment Paid from Other Detcripdon to be Pald from Property Amounts Total ofDebt P.opa ty Taw Taw to be Paid Payment 1996 Cadfiaas of 5250,000 512,875 5557 5263,432 Obligation 2000 Catifiemes of 5680,000 - 566,978 5775 5747,753 Obligation 2001 General 53,210,000 51,089,631 SO 54,299,631 2001A Omeral 5120,000 519,000 5398 5139,398 Obligation. 2002 Certificates of 51,285,000 81,206,773 51,100 52,492,873 Obligation 2002 State 51,250,000 556,250 SO 51,306,250 Infrastructure Note 2003 Omen] 5905,000 5115,875 5800 51,021,675 Obligation 2004 Ceni6ates of 5275,000 5254,821. 51,350 5531,171 Obligation 2004 Genera] 51,565,000 5169,500 5750 51,735,250 Obligation 2005 General 52,330,000 83,966,763 5750 56,297,513 Obligation 2005 Certificates of 5270,000 5637,979 51,450 5909,429 Obligation 2006 Cardfeaes of 5365,000 5840,944 51,450 51,207,394 Oblligation 2007 Cenifiemm of SO 5100,873 5859 5101,732 Obligation 2007 General 80 5159,938 52,508 5162,446 Obligation 2007A Getter& 51,150,000 51,303,013 5750 52,453,763 Obligation - 2008 Tex Notes 5965,000 5220,352 5376 51385,728 2008 Certificates of 5220,000 5588,800 5376 5809,176 Obligation 2009 General 53,910,000 53,356382 5376 57,266,658 Obfigatloo 2009 Certificates of 5735,000 5217,113 S376 5952,489 Obligation Total Required fir 2009 Debt Service 533,883,760 - Amount (if any) paid from fiords listed in Schedule A 5398335 - Amount (if any) paid from other resources 58,302,455 - Excess collections last year S0 = Total to be paid from taxes in 2009 525 ,182,970 + Amount added in anticipation that the unit will 5778,855 collect only 97.00% of its taxes in 2009 = Total Debt Levy 525,961,825 This notice contains a summary of actual effective and rollback tax rates' calculations. You an inspect a copy of the full calculations at 901 Leopard, Suite 301, Corpus Christi, Texas 78401. Name of person preparing this notice: Ramiro "R" Canales, CTA Title: Nueces County Tax Assessor - Collector Date Prepared: July 25, 2009 -365- Definitions CD 'E CD O'XOas 1 cK =a)c.0 X m s= . CD o c otoas 072=a)a 4— >O0Ca W a cc a o 0) History of Assessed Valuations *2009 Net Values include 70% of protested properties History of Ass *2009 Net Values include 70% of protester % of Net Value CA 0 0 0 0 0 0 0 0 0 0 0 0 M N Or O N V) .-ti \O CA ... N N N .-ti .-ti .-ti .-ti ri N N M ri in ) ... N M IN 00 O\ OA 1- N N M 00 00 00 y ri en ■O O \O en ri in en cA c) O kn 't AO V) V) t - N � O O O� O� N E 0000 c .-ti 1- 7r 1- \O 00 M O l- 00 O 00 00 V) O t- N O N ri -ti V) en. M M N M l N 7r V) ) V) 7r 1- N ri \O O O N . �--i .0 V) V) .-ti IN 00 N N Z CO N N N M 0 0 0 0 0 0 0 0 0 0 0 0 1- en N et en NO CA M O O CA CA Ct Ct M N N N V) 01 CA .-ti N GO OA l� M U M M M N 4 4 4 N 00 00 4 id Total Net Values $6,745,559,944 6,65,98,36 7,226,045,864 7,462,585,204 7,652,057,403 8,029,325,055 8,426,656,727 8,947,896,398 9,639,561,772 10,488,024,828 11,421,305,918 13,110,832,851 13,813,335,014 n n 4x \0 IN 00 CA 0 1--1 N M V) VD N 00 OA 01 01 OA O O O O O O O O O OA OA OA OA 0 O O O O O O O O .-ti .-ti .-ti .-ti N N N N N N N N N 0I O O 0 CO CO N 'Cr r L() L() L() L() L() L() 0) 0) 0) 0) 0) LO - N N- r- r- r- r- r- r r CO L() L() (0 r (0 0) 0) V L() 0 CO V I� V 0) 0) 0) 0) 0) I- N- N- L() CO CO CO N- N- 0) 0) 0) 0) 0) 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Ea Ea Ea Ea Ea Ea Ea Ea Ea Ea Ea Ea Ea Ea CO CO CO CO CO CO r 'Cr 0 V I� r r r CO CO CO CO CO N CO LC) 0 N 0) I� IC IC L() L() CO r r L() 0 L() 0 (0 r (0 (0 (0 ✓ V 0) CO CO N- 0 CO 0 CO CO V 'Cr V ✓ 'Cr 'Cr CO CO L() (0 (0 (0 N 0 (0 (.0 (0 � � � � � � O O 0 0 0 0 0 O Ea Ea Ea Ea Ea Ea Ea Ea Ea Ea Ea Ea Ea Ea 0)) (O (O CO CO CO L() L() L() L() 0) N CO CO CO O N N N N N I- N- N- N- CA N- V 'Cr 'Cr ct r r r r co 00 00 (� (� (� (� (� V V V V In N (o (o co To N N N N N V V V () N o CO CO CO Cfl Cfl Cfl Cfl (0 (0 (0 (0 Cfl co co 11) 11) L() O O O O O 66 O O O O O � � � 1— ea Ea Ea Ea Ea Ea Ea Ea Ea Ea Ea Ea Ea Ea Fiscal Year 1996 -1997 1997 -1998 1998 -1999 1999 -2000 2001 -2002 2002 -2003 2003 -2004 2004 -2005 2005 -2006 2006 -2007 2007 -2008 2008 -2009 CO I� CO 0) 0 r N (0 V LC) CO I� CO 0) 0) 0) 0) 0 0 0 0 0 0 0 0 0 0) 0) 0) 0) 0 0 0 0 0 0 0 0 0 r r r r N N N N N N N N N 2009 -2010 2009 Proposed O Z. tti _3 73 0 0 CA L CD Q. 2009 Tax Rates $0.554865 Effective Tax Rate • N- N r (0 f` M ti CO r ▪ CO CO N 0) M r M r O co O O ca a) ca ir M &O (Maintenance & Operations) CO co M CO in ci te • • back Tax Rate Ce M &O (Maintenance & Operations) Rate CD CO ir D c LL O) c c in 06 4) C) c 06 LL a) a a) a C3 ._ a) x co E L 0 co a a) M a) O a 0 0 r LO N-- ti 0) (0 (3) M O O as il c O 4) a 0 06 U c as c 4) c 2 0 2 CO ir D c LL O) c c in cei 4) a) 0 ea C 0) O 0 CM 1 0 0 L O 4- D D N U co co N O co O x N 2 co- O N c _a O E Q w O Q D (0 < V) Questions? 26 Memorandum To: Mayor Joe Adame From: Jim Cramer, Chair, Ethics Commission Date: July 8, 2009 Subject: Recommendation of Ethics Commission The Ethics Commission has reviewed and considered ethics ordinances from many cities and has concluded that this proposed ordinance is as strict, and in many cases, much more restrictive than most city ordinances and state law. It is the belief of the Ethics Commission that members of City Council are citizens of the City and should be entitled to be treated as such and have the right, and not be penalized from doing business with the City. It is also our belief that when a matter comes before the City Council, that every effort be taken to avoid a real, or potential conflict of interest in the matter. With this in mind, the Ethics Commission has reviewed the existing ordinance and has made recommendations which we believe will best serve the interest of the public and the City. Legal city memo. Ethics Commission.final —375— 1 AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, CHAPTER 2, ARTICLE V, CODE OF ETHICS, REGARDING CONFLICTS OF INTEREST, GIFTS, FINANCIAL DISCLOSURE REPORTS, ETHICS COMMISSION DUTIES, AND DISCLOSURE OF PROVIDING INTERESTS; SEVERANCE; T EFFECTIVE PROVIDING AN EFFEV DATE; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Code of Ordinances, Chapter 2 Administration, Article V Code of Ethics, Division 1 Rules of Conduct, Section 2 -310 Preamble, is amended to add two additional paragraphs to read as follows: "Sec. 2-310. Preamble. The purpose of this Code of Ethics is to promote public trust by establishing le conduct for city council members, board members, and employees; by providing a fair process for receiving and adjudicating complaints; and by requiring periodic financial disclosure. The rules of conduct form the basis for possible sanctions, and are therefore intended to clearly define proper conduct so that those who must comply may understand the rules and carry out their responsibilities consistently with the rules. It is recognized that situations with ethical implications will arise outside the prohibitions of the rules; in such situations, council members, board members, and employees are in a ma ner the to avoid the appearance of impropriety compelled public ven where not mpelled by the rules. (Ord. No. 23772, § 1, 9 -21 -1999) "If a Council Member believes that he /she should abstain from voting on an item to avoid the appearance of impropriety, as encouraged by this Code of Ethics Ordinance, or who in discussing or voting on an issue is unable to take an unbiased position, that Council Member shall be disqualified from discussions about and subsequent voting for that item under this City Ordinance. "The City recognizes that City Council Members are also members of the society and, therefore, cannot and should not be without any personal and economic interest in the decisions and policies of government; that city council members retain their rights as citizens to interests of a personal or economic nature and their rights to publicly express their views on matters of general public interest. It is not the intent of this Ordinance to diminish the rights of City Council Members as citizens of the community." SECTION 2. Code of Ordinances, Chapter 2 Administration, Article V Code of Ethics, Division 1 Rules of Conduct Section 2 -311 Standards, is amended by deleting paragraph (25), adding paragraph (5) (a), and revising paragraphs 7, 15, 21 to read as follows: E: \Ethics Ordinance - July 15, 2009 - Emergency.L 7 geading)_1.DOC 2 "Sec. 2-311. Standards. "The following rules of conduct apply to all council members, board members, and employees: "Special privileges. "(1) You shall not use your office for private advancement or gain or to secure special privileges or exemptions for yourself or others. "(2) You shall not grant any special consideration, treatment or advantage to any person or group beyond that which is available to others generally. "(3) (a) You shall not use city facilities, personnel, equipment or supplies for purposes unrelated to the interests of the city, except to the extent such are lawfully available to the public. Notwithstanding the foregoing sentence, Corpus Christi police officers, airport public safety officers and municipal court marshals may wear their city - issued uniforms, badges, and other uniform attire, may use their city- issued radios, and may carry their city- issued weapons, on approved off -duty law enforcement employment; and Corpus Christi fire fighters may wear their city- issued uniforms, badges, and other uniform attire, and use their city- issued radios on approved off-duty fire watch employment. "(b) You may not spend or authorize the spending of public funds for political advertising. This prohibition does not apply to a communication that factually describes the purposes of a measure if the communication does not advocate passage or defeat of the measure. This paragraph shall be construed consistently with Texas Election Code Section 255.003. "(4) Unless you are a council member, you shall not use the prestige of your position with the city on behalf of any political party or cause. "Gifts: "(5) You shall not accept or solicit any money, property, service or other thing of value by way of gift, favor, loan or otherwise that might reasonably tend to influence you in the discharge of your official duties or which you know or should have known was offered with the intent to influence or reward your official conduct. "(5) (a) Special Applications. Subsection 2 -311 (5) does not include: (1) a gift to a city official or employee relating to a special occasion, such as a wedding, anniversary graduation, birth, illness, death, or holiday, provided that the value of the gift is fairly commensurate with the occasion and the relationship between the donor and recipient; (2) advancement for or reimbursement of reasonable expenses for travel in connection with official duties provided by third parties must be disclosed in the travel C: \DOCUME- 1\marvkf\LOCALS -1 \Temp \Ethics Ordinance - July 15, 2009 - Emergency One Reading)_].DOC 3 report; payment for or reimbursement of expenses for travel in excess of authorized rates under city policy will be treated as a personal gift to the official or employee for any applicable reporting requirement; (3) a public award or reward for meritorious service or professional achievement, provided that the award or reward is reasonable in light of the occasion and it is not prohibited under Texas Penal Code Section 36.08 (Gift to Public Servant by Person Subject to His Jurisdiction); (4) a loan from a lending institution made in its regular course of business on the same terms generally available to the public; (5) a scholarship or fellowship awarded on the same terms and based on the same criteria that are applied to other applicants; (6) any solicitation for civic or charitable causes; (7) admission to an event in which the city official or employee is participating in connection with his or her spouse's position; (8) ceremonial and protocol gifts presented to City officials from a foreign government or international or multinational organization and accepted for the City of Corpus Christi; (9) admission to a widely attended event, such as a convention, conference, symposium, forum, panel discussion, dinner, viewing, reception or similar event, offered by the sponsor of the event and unsolicited by the City official or employee, if attending or participating in an official capacity, including: (A) the official or employee participates in the event as a speaker or panel participant by presenting information related to matters before the City; or (B) the official or employee performs a ceremonial function appropriate to that individual's position with the City; or (C) attendance at the event is appropriate to the performance of the official duties or representative function of the official or employee; (10) admission to a charity event provided by the sponsor of the event, where the offer is unsolicited by the City official or employee. (11) admission to training or education program or other program, including meals and refreshments furnished to all attendees, if such training is related to the official or employee's official duties and the training is in the interest of the City. "(6) In the event you receive any gift or loan of property or services on behalf of the city, you shall promptly deliver such gift or loan to the city manager for official acceptance and inventory of the city. ■.11nrT TMR_r\mnn,lefT.nrAl s.-1 \Tema \Ethics &dii'(ance - July 15, 2009 - Emergency One Reading)_1.DOC 4 "Conflicts of interest: on the matter. the City Council. "(7) In the event you or one of your relatives have a potential conflict of interest which could influence the Council member's ability to make an impartial decision, an interest, a reasonable expectation of an economic benefit, or any substantial interest in a contract or transaction involving the city which comes before you in the performance of your official duties, you shall make a written disclosure of your interest in the matter and abstain from any vote or decision and not participate in any discussion on the matter. "(8) You shall not engage in any outside activities or employment which will conflict or be incompatible with the full and proper discharge of your official duties, impair your independent judgment in the performance of your duties, or reflect discredit upon the city. "(9) You shall not represent any other private person, or group or interest in any action or proceeding against or adverse to the interest of the city or in any litigation in which the city is a party. "(10) You shall not represent any other private person or group in any action or proceeding in the municipal courts of the city which was instituted by city officers or employees in the course of their official duties. "(11) You shall not receive any fee or compensation for your official services from any source other than the city except as may be provided by law or authorized by the city council. "Actions adverse to the city: C:\ DOCUME- 1\maryld\LOCALS- 1 \Temp\Ethics t dit'ance - July 15, 2009 - Emergency One Reading)_I.DOC 5 "(12) You shall not disclose information that could adversely affect the property or affairs of the city. "(13) You shall not knowingly perform or refuse to perform any act in order to deliberately thwart the execution of federal, state or local laws or regulations or the achievement of any official city programs. "(14) You shall not engage in any felony crime, misdemeanor involving moral turpitude, or other conduct that reflects discredit on the city. "Provisions for council members: "(15) A City Council member shall disclose, prior to voting on a matter before the City Council, if there may be an economic interest in the matter to a party or entity that had contributed $1,000 or greater to his /her campaign in the preceding 24 months. "06) In order to preserve and promote independent advice and decisions from city boards and the integrity of the independent board process as a council member, you shall not speak before any city board, commission or committee except on behalf of your own financial interest; in which case, you shall publicly state the nature of your financial interest and that you are appearing only in your private capacity. "(17) As a council member, you shall not give any orders to any employee except through the city manager as provided by the City Charter. "(18) As a council member, you shall not participate in the process for the appointment of or the confirmation of the appointment of a member to a board, commission or committee of the city, or to the governing body of an independent entity all or part of whose members are appointed by the city council, after you are aware that an individual seeking, being promoted for, or being considered for the position: "(1) is related to you within a degree described by Section 573.002, Texas Government Code; "(2) is your employer; "(3) is a director or officer of a business entity (as defined in Section 171.001, Texas Local Government Code) which is your employer; or "(4) owns ten (10) per cent or more of the voting stock or shares of a business entity which is your employer. "Provisions for board members: —380 - nT_— _∎r..1-:__ r`_,1: Ink, 1S 9M0 _ Fmnrnnnry n„n Rnadinal 1 nnr 6 "(19) As a board member, you shall not have a substantial interest in any contract with the city in which your board or commission, or the city department related thereto, has jurisdiction. "(20) As a board member, you shall not represent or appear on behalf of the private interest of others before your board, commission or committee, the city council, or any board which has appellate jurisdiction over your board, commission or committee, concerning a matter which is within the subject matter jurisdiction of your board. (This rule does not prohibit you from appearing on behalf of your own financial interest even though others may have the same or a similar interest.) "Provisions for employees: City Employees: "(21) As an employee you shall not have an interest in any contract with the city. This prohibition does not include any employment contract which may be authorized for the employee, a contract of sale for real property or a contract for services which are available for all citizens. "(22) Unless previously recommended by the city manager, and approved by the ethics commission, as an employee, you shall not, within twelve (12) months after leaving city employment, represent any other person or organization in any formal or informal appearance with the city council or any other agency or employee of the city concerning a project for which you had responsibility as an employee. "(23) As an employee, you shall not represent or appear on behalf of the private interest of others before the city council or any board, commission or committee of the city. (This rule does not prohibit you from appearing on behalf of your own financial interest even though others may have the same or a similar interest). "(24) As an employee, you may not be employed by any business or individual who has business dealings with or for your department, including any work that is subject to review or inspection by your department, even if you do not personally review or inspect the work of the business or individual." (Ord. No. 20781, § 1, 9 -19 -1989; Ord. No. 20913, § 1, 5 -1 -1990; Ord. No. 23772, § 2, 9- 21 -1999; Ord. No. 24613, § 1, 10 -9 -2001; Ord. No. 025769, § 1, 5 -25 -2004; Ord. No. 027642, § 1, 4 -8 -2008) SECTION 3. Code of Ordinances, Chapter 2 Administration, Article V Code of Ethics, Division 1 Rules of Conduct, Section 2 -312 Definitions, is amended by deleting the C: \DOCUME- 1 \marykfLOCALS —I \Temp\Ethics Ora ice - July 15, 2009 - Emergency One Reading)_1.DOC 7 definitions for Direct Family Member and Supervisory City Employee, and adding a definition for Economic benefit and expanding the definition of Substantial interest. "Sec. 2-312. Definitions. "The following definitions apply to the above rules of conduct: "Board member: A member of any board, commission or committee of the city, including the board of any corporation created by the city. "Economic benefit: an action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. "Employee: Any person employed by the city, whether under civil service or not, including part-time employees and employees of any corporation created by the city. "Interest: Any direct or indirect pecuniary or material benefit in a contract or transaction other than: (1) An interest which is shared by and available to all other persons similarly situated; or (2) A remote or incidental interest which would not increase or decrease materially due to the action of the city or is less than two hundred dollars ($200.00) in value; or (3) An interest of a subcontractor which has no direct contractual relationship with the city, is receiving fair and reasonable compensation, and is not operating as a subterfuge to circumvent the code of ethics; or (4) An interest in real property acquired by the city which could otherwise be accomplished only through eminent domain provided that the property must be acquired for a public purpose and just compensation must be paid under the Texas Constitution after obtaining an independent appraisal. "Relative: Spouse, father, mother, brother, sister, son, daughter, spouse's children, father -in -law, mother -in -law, brother -in -law, sister -in -law, son -in -law, daughter -in -law and adoptive relationships being treated the same as natural relationships. "Substantial interest: ($5,000.0Q) or more or represents ten (10) per cent or morc of a porson's gross income Any interest in a business entity if a city council member or relative owns ten (10) per cent or more of voting stock or shares of the business entity or owns ten (10) per cent or more or $5,000 or more of the fair market value of the business entity'or funds received from the business entity exceeds ten (10) per cent or more of the person's gross income for the previous year. A City Council rAnnnT rMAC_. 1 \ ........d.Ql flrA1 c . „T___,,;.,.:,.� n..A: 1..1.. 1C 071110 r 8 Member has a substantial interest in real property if he or his relative controls or has an equitable or legal ownership interest with a fair market value of $2,500 or more. " (Ord. No. 20781, § 1, 9 -19 -1989) SECTION 4. Code of Ordinances, Chapter 2 Administration, Article V Code of Ethics, Division 2 Ethics Commission, Section 2 -326, is amended by renumbering paragraph (a) and adding new paragraph (a) (1), to read as follows: "Sec. 2-326. Duties. "(a) The commission shall, in addition to its other duties: "(1) Review all proposed changes to this Ordinance and make recommendations to City Council before being placed on a City Council agenda for action. "(1) (2) Prepare and publish pamphlets and other materials explaining the duties of individuals subject to the code of ethics. Such materials shall include instructions to the public about how to obtain information such as financial disclosures, campaign reports, and the like from the city. (2) (3) Review all statements and reports filed with the city. (3) (4) Annually review the code of ethics and make appropriate recommendations to the city council after conducting a public hearing on any such recommendations. (4) (5) Review all public opinions related to the code of ethics that are issued by the city attorney. (.5)01 Prepare and disseminate a report listing all campaign contributions and expenditures for each candidate within thirty (30) days following the deadline for filing the last campaign finance reports for each city council election. For the purposes of this provision, a general election and run -off election shall be considered as a single city council election. (b) The commission may: (1) Adopt rules of procedure for the conduct of its business and to carry out the provisions of the code of ethics, consistent with the code of ethics and other applicable law. (2) Prepare reports and studies to advance the purposes of the code of ethics. —383 - C: \DOCIJME- 1 \marvkf\LOCALS -1 \Temp \Ethics Ordinance - July 15, 2009 - Emergency One Reading) 1.DOC 9 (3) Request the city council and city manager to provide such assistance as it may require in the discharge of his duties." (Ord. No. 20781, § 1, 9 -19 -1989) SECTION 5. Code of Ordinances, Chapter 2 Administration, Article V Code of Ethics, Division 3 Financial Disclosure, Section 2 -342 Content of Reports, is amended by revising paragraph (e) and (i) as follows: "Sec. 2 -342. Content of reports. (e) The names and addresses of all corporations, partnerships or other business organizations in which the reporting official held, owned, acquired or sold stock or other equity ownership having a value exceeding five thousand dollars ($5,000) or equivalent to ten (10) per cent or more of the stock or equity in the entity or owns ten (10) per cent or more or $5,000 or more of the fair market value of the business organization or funds received from business organization exceeds ten (10) per cent or more of the person's gross income for the previous year. (i) A list of all contracts with the City of Corpus Christi, including the date, term, type of good or services provided and the amount of the contract. W All boards of directors or governing bodies of which the reporting official is a member, and all offices or executive positions the reporting official holds in corporations, partnerships, limited partnerships, professional corporations, associations, or other entities, including non - business and non - profit entities, stating the name of each entity and position held, and excluding entities owned or created by the city. The names and addresses of all persons from whom the reporting official received gifts or favors, including but not limited to trips, excursions, food, lodging, money, commodities or services, cumulatively exceeding two hundred dollars ($200.00) in value. The nature and date of each gift received shall be specified. Provided, however, campaign contributions reported as required by state law and gifts or favors from relatives need not be reported hereunder." SECTION 6. Code of Ordinances, Chapter 2 Administration, Article V Code of Ethics, Division 3 Financial Disclosure, Section 2 -349, Disclosure of interests by contractors, is amended by adding paragraph (d) as follows: " Sec. 2 -349. Disclosure of interests by contractors. • nn e I c_ t \Tanis \Pthirc ,r AO nce - July 15, 2009 - Emergency One Reading)_1.DOC 10 "(d) If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, he or she shall disclose that fact in a signed writing to the City official, employee, or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary? SECTION 7. 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 8. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 9. This ordinance takes effect on date of publication. SECTION 10. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the day of July, 2009. ATTEST: THE CITY OF CORPUS CHRISTI e f ,2 Armando Chapa, City Secretary Joe Adame, Mayor Approved: July 15, 2009 By: Mary Kay Fis ' er, City Attorney C: \DOCUME- 1\marykf\LOCALS -1 \Temp \Ethics Ordinance - July 15, 2009 - Emergency One Reading)_1.DOC 11 Corpus Christi, Texas Day of 2009 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, Joe Adame, Mayor Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. ---- Kevin Kieschnick Priscilla G. Leal John E. Marez ---- Nelda Martinez - -- Mark Scott r.�nnrI ir. nF_ i‘.,,arvkf\LOCALS- 1 \TempEthics nce - July 15, 2009 - Emergency One Reading)_I.DOC 27 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 8/18/2009 AGENDA ITEM: Resolution Approving Creation of the Coastal Bend Cultural Education Facilities Finance Corporation; Approving the Articles of Incorporation and Bylaws; Appointing the Initial Directors; and Containing Other Provisions Relating to the Subject. ISSUE: The passage of S.B. 1035 in the recent Legislative session allows the City to approve the creation of a cultural education facilities finance corporation with the ability to assist in the financing of healthcare facilities on the same basis as similar corporations operating in larger counties across the State of Texas. REQUIRED COUNCIL ACTION: Adoption of a Resolution approving articles of incorporation and bylaws for the Coastal Bend Cultural Education Facilities Finance Corporation that eventually will replace the Coastal Bend Health Facilities Development Corporation in facilitating healthcare financing for eligible non - profit organizations. PREVIOUS COUNCIL ACTION: At the request of the board of directors of the Coastal Bend Health Facilities Development Corporation last November, the City Council included this legislation in its program for the 81st Legislative Session and city staff was successful in getting this legislation enacted into law. CONCLUSION AND RECOMMENDATION: The proposed Resolution authorizes the formation of the Coastal Bend Cultural Education Finance Corporation, which will have the expanded authorityto finance healthcare financings on the same basis as similar corporations in the larger counties across the state. Since this new corporation will replace the Coastal Bend Health Facilities Development Corporation, the members of that board will serve as the initial board of the new entity. The board consists of seven (7) persons appointed by the City Council plus the City Manager and a designated Assistant City Manager. As soon as the outstanding bond obligations of the Coastal Bend Health Facilities Development Corporation are retired, that corporation will be dissolved. The articles of incorporation and of th-e-pr upused -corp - - - • • - i Any amendments to the articles or bylaws will require the approval of the City Council. The proposed corporation does not have any taxing power or the ability to raise any funds independently. It simply can serve as a financing conduit for a non - profit organization and its lender to use in order to structure a loan under federal tax laws. Staff recommends approval of the resolution. Attachments: Background • -. • - —389— udy D. Garza Intergovernmental Relations irector rudvoaacctexas.com 361- 826 -3082 u 0 BACKGROUND The City has sponsored an entity to facilitate healthcare financings that are tax -exempt under federal law since 1980 with the creation of the Coastal Bend Hospital Authority. The initial board of directors was appointed by the City Council. State law was changed in 1983 providing better financing flexibility through a health facilities development corporation, so the City formed the Coastal Bend Health Facilities Development Corporation in 1984. The members of the board of the Coastal Bend Hospital Authority transitioned to the new entity, and after its outstanding bond obligations were retired, the Coastal Bend Hospital Authority was dissolved. Federal law allows entities such as the Coastal Bend Health Facilities Development Corporation to issue tax - exempt bonds to finance health facilities. The owner and operator of the health facilities is solely obligated to repay the bonds, and neither the State of Texas nor the City of Corpus Christi have any liability whatsoever for the obligations. All of the financing terms, conditions and availability of funds must be structured by the owner and operator of the health facilities and its lender. Under federal tax laws, these types of financings generally are available only to 501(c)(3) non - profit organizations like Christus Spohn Health System. In 2001 the Legislature amended the Cultural Education Facilities Finance Act to allow corporations organized under that statute to finance health facilities anywhere in the State utilizing simpler procedures. Initially, that amendment only applied to corporations in counties of at least 400,000 in population, but last year the board of directors of the Coastal Bend Health Facilities Development Corporation requested that the City include in its legislative program a bill to drop the population minimum to counties of at least 300,000. The City was effective in getting the law amended through the passage of H.B. 1258 by Ortiz and S.B. 1035 by Senator Hinojosa in the past legislative session. The Coastal Bend Health Facilities Development Corporation principally has assisted in financing facilities for Christus Spohn Hospital over the years, but it also has financed other facilities for non- profit organizations. In the past few years, however, Christus has found it more efficient to finance its new facilities through the Tarrant County Cultural Education Facilities Finance Corporation under the procedures allowed for the larger counties. The proposed articles of incorporation and bylaws are patterned after the similar documents for the existing Coastal Bend Health Facilities Development Corporation with adjustments as required by the Cultural Education Facilities Finance Act. The initial board of directors would be the same as the board for the Coastal Bend Health Facilities Development Corporation, which is being replaced by this entity: Dan Winship Judy Telge Jack Solka Dr. Richard Davis Annie Jean Castro Erika Escobedo- Benson Curtis A. Rock 'Angel R. Escobar Cindy O'Brien Under the Cultural Education Facilities Finance Act, this new corporation also will be able to finance cultural facilities and higher education facilities for non - profit organizations on the same basis as it can finance health facilities. Of course, the City of Corpus Christi, Del Mar College and TAMU -CC already have the capability to finance cultural and higher education facilities on a tax - exempt basis under federal law, so this vehicle does not impact those financings in any manner. This type of financing primarily works for non - profit organizations that operate healthcare facilities, art centers, museums, and higher education facilities. Although no current need has been established for those financing options in Corpus Christi, in the future the need may arise. The Cultural Education Facilities Finance Corporation does not have any taxing power or the ability to raise any funds independently. It simply serves as a financing conduit for a non -profit organization and its lender to use in order to structure a loan on a tax - exempt basis under federal income tax laws. -390- A comparative table showing the types of financings that have been done by the Coastal Bend Health .Facilities Development Corporation under the old law and those that can be done by a new Cultural Education Facilities Finance Corporation are as follows: Types of Financings by Types of Financings by Health Facilities Development Corp. Cultural Education Facilities Finance Corp. Buildings and Equipment at Buildings and Equipment at Christus Spohn Hospital facility Christus Spohn Hospital Facility Non - profit Nursing Home facility Non - profit Nursing Home facility Buildings and Equipment at Christus Spohn Hospital facility as part of a multi -county Christus financing* Buildings and Equipment at Christus Spohn Hospital Facility as part of a multi -county Christus financing* Art center or museum construction or expansion by a non - profit organization Education facility construction or expansion by a non - profit organization Community center construction or expansion by a non - profit organization *Although a health facilities development corporation can facilitate multi - county financings for a large non - profit entity like Christus Health System, the procedures available for cultural education facilities finance corporations in larger counties are much easier. As a result, Christus Health has moved all of its multi -county financings in the past three years to the Tarrant County Cultural Education Facilities Finance Corporation, even though Christus Health has no facilities in Tarrant County. -391- RESOLUTION APPROVING CREATION OF THE COASTAL BEND CULTURAL EDUCATION FACILITIES FINANCE CORPORATION; APPROVING THE ARTICLES OF INCORPORATION AND BYLAWS; APPOINTING THE INITIAL DIRECTORS; AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT WHEREAS, the Cultural Education Facilities Finance Corporation Act, Article 1528m, Vernon's Annotated Texas Civil Statutes (the "Act "), authorizes the creation and organization of public nonprofit cultural education facilities corporations to act as duly constituted authorities and instrumentalities of cities and counties to provide and finance cultural education facilities for the exhibition and promotion of and education about the performing, dramatic, visual and literary arts, natural history and science for the public purpose of promoting the health, education and welfare of the citizens of the State of Texas; and WHEREAS, the Act authorizes such public nonprofit health facilities development corporations to issue revenue bonds and notes and to utilize the proceeds from the sale of such obligations to pay all or a part of the cost of, or to make a loan in the amount of all or a part of the cost of, a cultural facility, as such terms are defined in the Act; and WHEREAS, in order to promote and carry out the public purposes set forth in the Act, the City Council (the "Governing Body ") of the City of Corpus Christi, Texas (the "City "), has determined to approve the creation of a public nonprofit corporation under the Act to be designated and known as the Coastal Bend Cultural Education Facilities Finance Corporation (the "Corporation "); to approve the proposed Articles of Incorporation and Bylaws of the Corporation; to appoint certain persons as members of the initial Board of Directors of the Corporation; and to take certain related actions set forth more fully hereinafter; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: Section 1. The Governing Body of the City hereby finds, determines, recites and declares that it is in the public interest and to the benefit of the City's residents and the citizens of the State of Texas that the Corporation be created to accomplish the public purposes stated in the Act; that the creation and organization of the Corporation under the Act as a duly constituted authority and instrumentality of the City is hereby approved and that the Corporation is hereby authorized to act on behalf of the City for the limited and purely public purposes of acquiring, constructing, providing, improving, financing and refinancing cultural facilities as provided in the Act. Section 2. The Governing Body of the City hereby approves the Articles of Incorporation of the Corporation in substantially the form attached hereto as Exhibit A, and authorizes the incorporators of the Corporation to file such Articles of Incorporation with the Secretary of State of the State of Texas in the manner provided in the Act; and the Governing Body of the City hereby approves the initial Bylaws of the Corporation in substantially the form 1 —392— attached hereto as Exhibit B, and authorizes and directs the Board of Directors to adopt and utilize such Bylaws. Section 3. The Governing Body of the City hereby appoints the following persons (each of whom is at least eighteen (18) years of age), to serve as the members of the initial Board of Directors of the Corporation: Dan Winship Judy Telge Jack Solka Annie Jean Castro Curtis A. Rock Erika Escobedo- Benson Dr. Richard Davis `Angel R. Escobar Cindy O'Brien Section 4. The Governing Body of the City hereby finds, determines, recites and declares that the creation and organization of the Corporation will serve a valid public purposes stated in the Act within the City and within the State of Texas. Section 5. The Governing Body of the City hereby finds, determines, recites and declares that, notwithstanding that the Corporation shall be a duly constituted authority of the City, it is not intended to be nor shall it ever be deemed to be a political subdivision or municipal or political corporation of the State of Texas within the meaning of any Constitutional or statutory provision, including without limitation, Article III, Section 52 and Article XI, Section 3 of the Texas Constitution. Section 6. The Governing Body of the City hereby finds, determines, recites and declares that the obligations of the Corporation shall not be deemed an indebtedness, liability, general, special or moral obligation or pledge or loan of the faith or credit or taxing power of the State of Texas, the City or any other political subdivision or governmental unit, nor shall such obligations constitute an indebtedness within the meaning of any constitutional or statutory debt limitation or restriction, or an agreement, obligation or indebtedness of the City or the State of Texas within the meaning of any constitutional or statutory provision whatsoever. Section 7. The Governing Body of the City hereby finds, determines, recites and declares that it is the purpose, intent and desire of the City in approving the creation of the Corporation and its Articles of Incorporation and Bylaws, that such actions comply with the requirements of the Internal Revenue Code of 1986, as amended, and the Treasury Regulations and Internal Revenue Service rulings promulgated thereunder, including, without limitation, Section 1.103 -1 of the Treasury Regulations and the rulings issued pursuant thereto, to the end that the Corporation shall be deemed to be a duly constituted authority acting on behalf of the City pursuant to the Act and that any bonds or notes issued by the Corporation shall be considered issued on behalf of the City by a duly constituted authority of the City empowered to issue such bonds or notes. 2 —393— Section 8. The Governing Body of the City has considered evidence of the posting of notice of this meeting and officially finds, determines, recites and declares that a sufficient written notice of the date, place, and hour of this meeting and of the subject of this resolution was posted for at least seventy -two (72) hours before this meeting was convened; that such notice was posted on a bulletin board located at a place convenient to the general public as required by law; that such place was readily accessible to the general public at all times from the time of each such posting until this meeting was convened; and that this meeting has been open to the public at all times during which this resolution and the subject matter thereof has been discussed, considered and formally acted upon; all as required by the Open Meetings Act, Chapter 551 of the Texas Government Code, as amended. The Governing Body of the City further ratifies, approves and confirms such written notice and the contents and posting thereof. PASSED AND APPROVED this _ day of , 2009. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Joe Adame City Secretary Mayor APPROVED AS TO FORM: 11`h day of August, 2009 R. Jay Raining First Assistant City Attorney For City Attorney 3 —394— Corpus Christi, Texas day of , 2009. The above Resolution was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla Leal John E. Marez Nelda Martinez Mark Scott 4 —395— EXHIBIT A ARTICLES OF INCORPORATION OF COASTAL BEND CULTURAL EDUCATION FACILITIES FINANCE CORPORATION We, the undersigned natural persons, each of whom is at least eighteen (18) years of age and a resident of the City of Corpus Christi, Texas (the "City ") acting as incorporators of a corporation under the Cultural Education Facilities Finance Corporation Act, Article 1528m, Vernon's Annotated Texas Civil Statutes, as amended (the "Act "), do hereby adopt the following Articles of Incorporation for such Corporation: Section 1. The name of the Corporation is Coastal Bend Cultural Education Facilities Finance Corporation. Section 2. The Corporation is a nonprofit public corporation. Section 3. The duration of the Corporation shall be perpetual. Section 4. The Corporation is organized for the sole purpose of acquiring, constructing, providing, improving, and financing cultural facilities for the public purposes stated in Article 1528m of the Act. Pursuant to Section 4(b) of the Act, the Corporation is being created and organized in the same manner, and has the same powers, authority and rights: (1) with respect to cultural facilities and health facilities that a health facilities development corporation has with respect to health facilities under Chapter 221, Texas Health and Safety Code; and (2) with respect to educational facilities, housing facilities, and other facilities incidental, subordinate or related to those facilities that a nonprofit corporation created under Section 53.35(b), Texas Education Code, or an authority created under Section 53.11, Texas Education Code, has under Chapter 53, Texas Education Code. • Accordingly, the purpose of the Corporation is also to acquire, construct, provide, improve, finance and refinance health facilities to assist the maintenance of the public health. 1 —396— Section 5. The Corporation has no members and is a nonstock corporation. Section 6. a. The Corporation shall have and possess all powers conferred by the laws of the State of Texas on public nonprofit corporations created under the Act. b. All powers of the Corporation shall be vested in a Board of Directors, each of whom shall be appointed by the City Council (the "Governing Body ") of the City. Each initial director named in Article VIII hereof and each subsequent director shall serve for a term of two (2) years or until his or her successor is appointed by the Governing Body of the City; provided, however, that any director may be removed from office at any time, for cause or at will, by written order of the Governing Body of the City. c. These Articles of Incorporation may be amended at any time and from time to time by the Board of Directors with the approval of the Governing Body of the City, or by written order of the Governing Body of the City, in its sole discretion, subject, however, to limitations on the impairment of contracts entered into by the Corporation, all under and in accordance with the Act. d. All other matters pertaining to the internal affairs of the Corporation shall be governed by the bylaws of the Corporation approved by the Governing Body of the City, so long as such bylaws are not inconsistent with these Articles of Incorporation, the Act, or any other law of the State of Texas. Section 7. The street address of the initial registered office of the Corporation is 1201 Leopard Street, Corpus Christi, Texas 78401, and the name of its initial registered agent at such address is Armando Chapa. Section 8. The number of directors constituting the initial Board of Directors of the Corporation is nine (9). The names and addresses of the members of the initial Board of Directors are: NAME ADDRESS Dan Winship Judy Telge Jack Solka 13509 Queen Johanna Corpus Christi, TX 78418 316 Palmero Corpus Christi, TX 78404 6262 Weber, Suite 310 2 —397— Corpus Christi, TX 78413 Annie Jean Castro 5337 Inverness Corpus Christi, TX 78413 Curtis A. Rock 6817 Leopard Street Corpus Christi, TX 78409 Erika Escobedo- Benson 5333 Yorktown Blvd., Suite B Corpus Christi, Texas 78413 Dr. Richard Davis 349 Wilshire Place Corpus Christi, TX 78411 `Angel R. Escobar P.O. Box 9277 Corpus Christi, TX 78469 Cindy O'Brien P.O. Box 9277 Corpus Christi, TX 78469 Section 9. The names and street addresses of the incorporators are: NAME ADDRESS Dan Winship Judy Telge Jack Solka 13509 Queen Johanna Corpus Christi, TX 78418 316 Palmero Corpus Christi, TX 78404 6262 Weber, Suite 310 Corpus Christi, TX 78413 Section 10. The name of the Corporation's sponsoring entity is the City of Corpus Christi, Texas. The address of the Corporation's sponsoring entity is 1201 Leopard Street, Corpus Christi, Texas 78401. The City Council of the City of Corpus Christi, by resolution adopted August 18, 2009, has specifically authorized the Corporation to act on its behalf to further the public purpose set forth herein, and has approved these Articles of Incorporation. 3 —398— IN WITNESS WHEREOF, we have hereunto set our hands as of day of' , 2009. Dan Winship Judy Telge Jack Solka THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged on , 2009, by Dan Winship. Notary Public, State of Texas (SEAL) THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged on , 2009, by Judy Telge. Notary Public, State of Texas (SEAL) THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged on , 2009, by Jack Solka. (SEAL) 4 —399— Notary Public, State of Texas EXHIBIT B COASTAL BEND CULTURAL EDUCATION FACILITIES FINANCE CORPORATION BYLAWS ARTICLE I - OFFICERS Section 1.01. The principal office of the corporation shall be in the City of Corpus Christi, County of Nueces, State of Texas. ARTICLE II - DIRECTORS Section 2.01. The number of Directors which shall constitute the whole Board shall be nine. The initial Directors shall serve until July 1, 2011, and successor Directors shall be appointed by the City Council for two -year terms. Any Director may succeed himself. One member of the Board of Directors shall be the City Manager of the City, and one member of the Board shall be an Assistant City Manager of the City designated by the City Manager. Section 2.02. The property and business of the corporation shall be managed by the Board of Directors which may exercise all powers of the corporation and do all lawful acts. Section 2.03. The annual meeting of the Board of Directors shall be held at the principal office of the corporation on the second Thursday of April of each year, if not a legal holiday, and if a legal holiday, then at the next business day, at 11:00 a.m., or at such time and place as shall be fixed by the consent in writing of all of the Directors. All other meetings may be held at the place selected by the Board either within or without the State of Texas. Section 2.04. Regular meetings, other than the annual meeting, may be held at such time as shall be determined by the Board. Section 2.05. Special meetings of the Board may be called by the President on three days' notice to each Director, either personally or by mail or by telegram; special meetings shall be called by the President or Secretary in like manner on like notices on the written request of two Directors. Section 2.06. At all meetings of the Board the presence of a majority of the Directors shall be necessary and sufficient to constitute a quorum for the transaction of business and the act of a majority of the Directors present at any meetings at which there is a quorum shall be the act of the Board of Directors, except as may be otherwise specifically provided by these bylaws. The City Manager of the City, as a Director of the corporation, may vote in person or by proxy executed in writing by him. If a quorum shall not be present at any meeting of the Directors, the Directors present thereat may recess the meeting from time to time, without notice other than announcement at the.meeting, until a quorum shall be present. 5 —400— Section 2.07. A meeting of the Directors, can be held at any time without notice upon the execution by all Directors, of a written waiver of notice, and likewise may be held without notice when all of the Directors are present at the meeting. Committees of Directors Section 2.08. The Board of Directors may, by resolution or resolutions adopted by a majority of the whole Board, establish one or more committees, each committee to consist of two or more of the Directors of the corporation, which to the extent permitted by law and if so provided in said resolution or resolutions, when the Board is not in session, shall have and exercise the powers of the Board of Directors in the management of the business and affairs of the corporation, and may have power to authorize the seal of the corporation to be affixed to all papers which may require it. Such committee or committees shall have such name or names as may be determined from time to time by resolution adopted by the Board of Directors. Section 2.09. The committees shall keep regular minutes of their proceedings and report the same to the Board when required. Section 2.10. Directors, as such, shall not receive any compensation for their services, but, by resolution of the Board a reimbursement of expenses of attendance, if any, may be allowed for attendance at each regular or special meeting of the Board. Members of special or standing committees may be allowed like reimbursement for attending committee meetings. ARTICLE III - NOTICES Section 3.01. Whenever, under the provisions of the statutes or these bylaws, notice is required to be given to any Director, it shall not be construed to mean personal notice, but such notice may be given in writing, by mail, addressed to such Director at such address as appears on the books of the corporation, and such notice shall be deemed to be given at the time when the same shall be thus mailed. Section 3.02. Whenever any notice is required to be given under the provisions of the statutes or of these bylaws, a waiver thereof in writing signed by the person or persons entitled to said notice, whether before or after the time stated therein, shall be deemed equivalent thereto. ARTICLE IV - OFFICERS Section 4.01. The officers of the corporation shall be chosen by the Board of Directors. The Board of Directors shall choose from its members a President and a Vice President. The Board of Directors shall also choose a Secretary and a Treasurer who may or may not be members of the Board of Directors. Any two or more offices may be held by the same person, except the offices of President and Secretary. 6 —401— Section 4.02. The Board of Directors shall choose such officers at its first meeting and at each annual meeting thereafter. Section 4.03. The officers of the corporation chosen pursuant to Section 4.02 shall serve until the next annual meeting of the Board of Directors or until their successors are chosen and qualify in their stead. Section 4.04. The Board may appoint such other officers and agents as it shall deem necessary, who shall hold their offices for such terms and shall exercise such powers and perform such duties as shall be determined from time to time by the Board. Section 4.05. Any officer elected or appointed by the Board of Directors may be removed at any time by the affirmative vote of a majority of the whole Board of Directors. If the office of any officer becomes vacant for any reason, the vacancy shall be filled by the Board of Directors. The President Section 4.06. The President shall preside at all meetings of the Directors. Section 4.07. The President shall be ex officio a member of all standing committees, shall have general supervision of the management of the business of the corporation, and shall see that all orders and resolutions of the Board are carried into effect. Section 4.08. The President shall execute bonds, mortgages and other contracts requiring a seal, under the seal of the corporation, except where required or permitted by law to be otherwise signed and executed and except where the signing and execution thereof shall be expressly delegated by the Board of Directors to some other officer or agent of the corporation. Vice President Section 4.09. The Vice President shall, in the absence or disability of the President, perform the duties and exercise the powers of the President, and shall perform such other duties as the Board of Directors shall prescribe. The Secretary Section 4.10. The Secretary shall attend all sessions of the Board and record all votes and the minutes of all proceedings in a book to be kept for that purpose and shall perform like duties for the standing committees when required. He shall give, or cause to be given, notice of all special meetings of the Board of Directors and shall perform such other duties as may be prescribed by the Board of Directors under whose supervision he shall be. He shall keep in safe custody the seal of the corporation and, when authorized by the Board, affix the same to any instrument requiring it, and when so affixed, it shall be attested by his signature. And when the corporate seal is required as to instruments executed in the course or ordinary business he shall .attest to the signature of the President or Vice President and shall affix the seal thereto. 7 —402— The Treasurer Section 4.11. The Treasurer shall have the custody of the corporate funds and the securities and shall keep full and accurate accounts of receipts and disbursements in books belonging to the corporation and shall deposit all moneys and other valuable effects in the name and to the credit of the corporation in a depository as shall be designated by the Board of Directors. He shall disburse the funds of the corporation as may be ordered by the Board, taking proper vouchers for such disbursements, and shall render to the President and Directors, at the regular meetings of the Board, or whenever they may require it, an account of all his transactions as Treasurer and of the financial condition of the corporation. The Board of Directors may appoint an Assistant Treasurer to assist the Treasurer and who, in the absence or inability of the Treasurer to serve, shall perform the duties of the Treasurer. Section 4.12. The Board of Directors may require the President, Vice President, the Secretary and the Treasurer to give the corporation bonds on such sums and with such surety or sureties as shall be satisfactory to the Board for the faithful performance of the duties of their office and for the restoration to the corporation, in case of death, resignation, retirement or removal from office, of all books, papers, vouchers, money and other property of whatever kind in their possession or under their control belonging to the corporation. ARTICLE V - FISCAL PROVISIONS Section 5.01. The Board of Directors shall have prepared for each annual meeting a full and clear statement of the business and condition of the corporation. Section 5.02. All checks or demands for money and notes of the corporation shall be signed by and any two of the following: the President, the Vice President, the Secretary, the Treasurer, the Assistant Treasurer, or such other person or persons as the Board of Directors may from time to time designate. Fiscal Year Section 5.03. The fiscal year shall be from August 1 to July 31 each year. Section 5.04. Directors and officers of the corporation shall never be personally liable for the debts, liabilities or obligations of the corporation, and the corporation shall indemnify and save harmless each present and former Director and officer against all claims, liabilities, losses and expenses in connection with any cause of action or claim asserted against him or her arising from or in connection with his or her official position with the corporation. 8 —403— ARTICLE VI - SEAL Section 6.01. The corporate seal shall be circular and shall have inscribed in the outer circle the name of the corporation, and shall have inscribed in the inner circle the letters "TEXAS" and a five- pointed star. Said scal may be used by causing it or a facsimile thereof to be impressed or affixed or reproduced or otherwise. ARTICLE VII - AMENDMENTS Section 7.01. These bylaws may be altered, changed or amended at any meeting of the Board of Directors at which a quorum is present, provided notice of the proposed alteration, change or amendment be contained in the notice of such meeting, by the affirmative vote of a majority of the Directors at such meeting and present thereat, subject to approval by the City Council. 9 —404— 28 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 8/18/2009 AGENDA ITEM: A. Motion authorizing the City Manager to execute a renewal agreement between the City of Corpus Christi and HiIICo Partners for state govemmental relations services in the amount of $63,000. B. Motion authorizing the City Manager to execute a renewal agreement between the City of Corpus Christi and Meyers & Associates for federal govemmental relations services in the amount of $90,000. ISSUE AND BACKGROUND: The 81 St legislative session in Austin again proved to be a challenging session for municipal interests. Yet, as I reported at the July 28'" City Council meeting, the City of Corpus Christi had a very successful legislative session. Over 1500 bills were filed that had the potential to impact city operations, with over 120 of those bills passing. The upcoming legislative session in 2011 is shaping up to be a challenging environment for cities as well. Among the many issues we will follow are transportation funding and the sunset process affecting multiple state agencies, as well as revenue and taxation issues. Legislative Redistricting will also be a major issue for 2011 that has the potential to impact our community. At the federal level, funding continues to be a challenge for many programs of critical importance to our community. While our community can look back on many successes in Washington in the past, such as completion of the Packery Channel project, numerous grant awards through multiple federal agencies, and funding received through the Federal Stimulus Program, there is still much work to still be done. Transportation funding in 2009 & 2010 will be a major focus of our efforts in Washington collectively with other communities around the state and nation. We also continue to seek opportunities through the American Recovery and Reinvestment Act of 2009 to fund programs such as our energy management and renewable energy initiatives. We continue to look for any funding opportunities for critical infrastructure and are seeking continuation of programs such as Renewal Community, CDBG and other programs that help us revitalize our community. The City of Corpus Christi has previously engaged the services of both HillCo Partners at the state level, and Meyers & Associates at the federal level. Both firms have proven their value in assisting the City with their legislative programs and helping to make our programs a success in both legislative arenas. Attached for your review are biographies on each of our governmental relations resources. HiIICo Partners offers specific municipal advocacy expertise for the City of Corpus Christi. We are one of a number of major cities across Texas that utilize HiliCo's services. Mr. Snapper Carr has a tremendous amount of legislative process expertise and has extensive experience in general municipal issues, having served the Texas Municipal League as general counsel prior to joining HiIICo. Mr. Brandon Aghamalian is the second arm of HiIICo's municipal lobby practice. Brandon's expertise includes transportation, economic development, and previous experience on city staff with the City of Fort Worth. We propose to continue our relationship with HillCo Partners at a rate of $5,250 per month, which is the rate we have ne�go_tiated with HiIICo during a non - session year such as 2009 -2010. In a session year, such as 20(k�2t709, the rate is $7,000 per month. In Washington, Mr. Larry Meyers continues to provide the City of Corpus Christi with an effective presence with our congressional delegation. Mr. Meyers has served the City of Corpus Christi in his current capacity for many years and continues to be a valuable member of our team. We propose to continue our relationship with Meyers & Associates at a rate of $7,500 per month which is consistent with our previous contract. REQUIRED COUNCIL ACTION: To contract for govemmental relations services requires Council approval. FUNDING: As has been the City's practice in years past, we are again proposing that 2/3 of the fees be funded from the water fund and 1/3 from the general fund. CONCLUSION AND RECOMMENDATION: Staff recommends continuing our existing relationships with both HiIICo Partners in Austin and Meyers & Associates in Washington D.C. for the 2009 -2010 fiscal year. Both firms have done an excellent job in helping the City of Corpus Christi advance our legislative program at the state and federal levels. We recommend approval of the engagement of these two firms. Rudy D. Garza Intergovemmen elations Di rudyga @cctexa -. om 361 - 826 -3082 Attachments — Governmental Relations Consultant Biographies -408- ATTACHMENT Governmental Relations Consultant Biographies HiIICo Partners (State Legislative Consultants): Snapper Carr joined HiIICo Partners' Local Government Practice in 2006. Prior to is current role, he was the Legislative Counsel and Associate for the Texas Municipal League (TML) from 1998 to 2006, representing municipal interests before state and federal legislative, administrative and judicial bodies. While at TML, Carr earned a reputation as an expert in the fields of land usage, utilities, and open records laws. From 1994 to 1998, he was Chief Committee clerk for two Texas House committees; the Committee on State Affairs and the Committee on Land and Resource Management. He has also provided media and issue consulting services for numerous political and public relations campaigns in Texas. Carr is a graduate of The University of Texas at Austin, where he earned a Bachelor's degree in Communications and Government and a Doctor of Jurisprudence degree from the UT School of Law. Brandon Aghamalian is a public affairs consultant for HiIICo Partners with expertise in economic development issues, property taxes, insurance, and homeland security issues. His primary focus is representing the needs of local governments before the Texas Legislature. Before joining HiIICo Partners, Aghamalian was the Director of Governmental Relations for the City of Fort Worth from 2002 to 2006. Aghamalian has also worked as the Chief of Staff for then Representative Kim Brimer (R -Fort Worth) where he assisted in the passage of HB 1200, the Texas Economic Development Act, which provides incentives for capital intensive industries to build or expand in Texas. He has also served as the Director for the House Committee on Business & Industry and was the Legislative Director for Rep. Todd Smith (R- Euless). Aghamalian is a graduate of Texas State University in San Marcos where he was an NCAA scholarship track athlete and student body vice - president while he earned a ned Bach and a Masters tern of accounting. g. In Affairs the a earned e Sa School. Doctor of Jurisprudence from the UT Meyers & Associates (Federal Legislative Consultants): Larry Meyers has over 34 years of experience since coming to Washington with then Senator Lloyd Bentsen (D -TX), former chairman of the Senate Finance Committee, and former Secretary of the U.S. Treasury. After four years with the senator, serving as legislative director, he received an appointment in the Carter Administration being named Director for Congressional Affairs - U.S. Department of Agriculture, responsible for both USDA and White House lobbying activities. He began independent consulting in 1981, and in 1989 was named by Beacham's Guide to Key Lobbyists as one of the top 125 lobbyists out of the several thousand in Washington. For the last twelve years, he has served as guest lecturer at the National Defense University on the topic of "lobbyists and lobbying." Larry also serves on the Board of Directors of Washington First Bank in Washington, D.C. The Corpus Christi community has retained Meyers & Associates since 1993 and past involvement of the firm with the efforts of the City of Corpus Christi includes: the 1993 and 1995 BRAC processes; protection of the Naval Air Station; Choke Canyon Dam debt delay (credited by city financial staff at a $20 million savings); the Mary Rhodes Pipeline; federal funds for the acquisition of the site for the American Bank Center and Bayfront Plaza expansion; and the North Padre Island Project (Packery Channel) authorization and funding. In each case, the firm's work with the members of the Texas congressional delegation representing Corpus Christi were critical to each project's success. The firm also represents Corpus Christi A &M for the purpose of facilitating federal research dollars to come to the university. -409- August 18, 2009 Hill Co Partners 823 Congress Avenue Suite 901 Austin, Texas 78701 ATTN: Mr. Snapper Carr Re: Agreement for Governmental Relations Services Relating to General Water and Environmental Issues and Other Legislative and Administrative Matters as Directed by the City Manager Dear Mr. Carr: This will confirm the engagement of HillCo Partners for governmental relations services of Mr. Buddy Jones, Mr. Brandon Aghamalian and Mr. Snapper Carr relating to implementation of provisions gained during the 81st legislative session with various State agencies including by not limited to environmental flows, funding options for water projects, economic development laws, local election provisions, monitoring of interim legislative committee hearings and assisting the City in formulating and - - executing the City's Legislative Program for the 82nd legislative session and other matters as directed by the City Manager. HillCo Partners will provide the City Manager periodic reports identifying services provided and any issues that could impact the City of Corpus Christi. HillCo services will be performed at a total rate of $5,250.00 per month beginning August 1, 2009 and ending July 31, 2010. Expenses are also to be itemized and will be limited to reasonable and customary charges. Billing will be submitted monthly to Rudy D. Garza, Intergovernmental Relations Director, and will be payable within 30 days of receipt. HillCo will notify the Director of Intergovernmental Relations promptly if any conflict of interest between HillCo representation of the City and any other interest or client that HillCo may have. This agreement is exclusive of any other agreement between HillCo and the City and may be cancelled at any time with 30 days notice to either party. Please indicate acceptance by signature below and return to the Director of Intergovernmental Relations. Sincerely, `Angel R. Escobar, P.E. City Manager ACCEPTED: for H 1f tCo P Partners —410— AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND MEYERS & ASSOCIATES FOR GOVERNMENTAL RELATIONS SERVICES This agreement is by and between the City of Corpus Christi (the "City") and Meyers & Associates, a Washington based governmental relations consulting firm (hereinafter "Meyers "), and is effective the 1st day of August 2009. WITNESSETH: WHEREAS, many key goals of the City of Corpus Christi, especially economic development goals, are directly and critically affected by decisions of the United States Congress, President and Agencies. These include, but are not limited to, protection of our military installations, assurance of an adequate water supply, reasonable air quality standards, the North Padre Island Storm Damage Reduction and Environmental Restoration Project, highways, and various other regulatory and funding programs; and WHEREAS, Meyers specializes in providing governmental relations services in federal legislative and administrative matters. NOW, THEREFORE, for and in consideration and exchange of mutual covenants and conditions herein contained, the City and Meyers agree as follows: 1. City Duties. The City hereby appoints Meyers to act on its behalf to assist in furthering City goals in Washington under terms acceptable to the City including: a. The City, through its City Manager, Director of Intergovernmental Relations and City Attorney will supervise the activities of Meyers in monitoring and promoting policies which assist in furthering the City's interests and goals. b. The City will pay or cause to be paid to Meyers $7,500 monthly for assistance in accomplishing the above interests and goals plus reasonable associated out -of- pocket expenses. c. Such payments will commence on August 31st and will continue for (12) twelve consecutive months subject to provisions for cancellation as set out below, and subject to annual appropriations by the City Council. d. The services and relationship between the City and Meyers may be terminated at any time upon notice by the City Manager. —411— 2. Meyers' Duties. Meyers agrees that they will: a. Use their best professional efforts to assist in the accomplishment of the interests and goals of the City. b. Perform all services according to high professional standards. c. Report any potential conflict of interest at once for resolution by the City Manager, should a potential conflict develop between services performed for the City and Meyers' other clients. d. Comply with all laws of the United States and regulations of the United States Congress with regard to representation and registration as may be required by such laws and regulations. e. Provide the City Manager periodic reports identifying services provided and any issues that could impact the City of Corpus Christi. 3. Term. This Agreement shall commence August 1, 2009 and continue until July 31, 2010, subject to the provisions for cancellation set out in Section 1.(d) above. 4. Independent Contractor. Nothing contained in this Agreement shall be construed to constitute Meyers as an employee or agent of the City nor shall either party have any authority to bind the other in any respect, it being intended that each shall remain an independent contractor responsible for its own actions. 5. Entire Agreement. This Agreement contains the entire understanding of the parties hereto with respect to the matters covered hereby. 6. Severability. Whenever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provisions of this Agreement shall be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such provision or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement. 7. Assignment. This Agreement may not be assigned by either party without mutual consent in writing. 8. Binding Effect. Subject to the provisions of Section 7 of this Agreement, this Agreement shall be binding upon and inure to the benefit of the parties hereto, and their successors and assigns. 9. Amendment. This Agreement may be amended only by an instrument in writing executed by the parties hereto. —412— 10. Captions. The section and paragraph headings in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. 11. Governing law. This Agreement shall be construed and enforced in accordance with and governed by law of the State of Texas. 12. Counterparts. This Agreement may be executed in multiple original counterparts, each of which shall be deemed an original, but all of which together shall constitute the same instrument. IN WITNESS WHEREOF, the parties hereto have executed this Agreement and made effective Date APPROVED AS TO FORM: MARY KAY FISCHER CITY ATTORNEY 21t, isc By: By: CITY OF CORPUS CHRISTI, TEXAS Angel R. Escobar, P.E., City Manager Date MEYERS & ASSOCIATES Tarry D. Myers MEYERS & ASSOCIATES —413— 29 CITY COUNCIL AGENDA MEMORANDUM AGENDA ITEM: A. Ordinance appropriating $112,844.68 of the Unreserved Fund Balance in the General Fund No. 1020 for payment to the Corpus Christi Fire Fighters' Retirement System for past uniform allowance contributions; changing the FY 2009 -2010 Operating Budget adopted by Ordinance No. 028252 by increasing expenditures by $112,844.68. B. Motion authorizing payment to the Corpus Christi Fire Fighters' Retirement System in the amount of $112,844.68 for past uniform allowance contributions - contingent upon a written resolution from the Board of Trustees for the Corpus Christi Fire Fighters' Retirement System that the Board will take all reasonable efforts to secure approval from the active firefighters for their contributions. ISSUE: On July 1, 2007, the plan document for the Corpus Christi Fire Fighters Retirement System ( "Retirement System ") was amended to change the way service retirement benefits would be calculated for retiring fire fighters from using a fixed dollar amount method of the average annual salary for all fire fighters multiplied by the number of years of service to the highest 60 -month average pay method. As a result of this change, the retirement benefit for each individual fire fighter participant is now based on his/her highest 60 -month average annual salary — which is equal to the average annual `covered biweekly pay' multiplied by a factor of 2.167. The Corpus Christi Fire Fighters' Retirement System Plan document defines "covered bi- weekly pay" as the participant's "earned income, wages, salaries, all amounts paid pursuant to the collective bargaining agreement between the employer and the Corpus Christi Fire Fighters Association ..." In the course of figuring the new calculation for a fire fighter's retirement benefit, it was determined that the fire fighters' uniform allowance was not being included in the base upon which the City and fire fighter contributions were being computed, and the "drag -up pay" was being included in the contribution base. Under the terms of the new and previous plan documents for the Corpus Christi Fire Fighters Retirement System, the uniform allowance should have been included as part of the contribution base. Under the terms of the new plan document, the drag -up pay should be excluded from the contribution base. The City historically has not included uniform allowances in the retirement plan contribution base for any of its employees - fire fighters, police, or civilian employees - based on a Department of Labor regulation under the Fair Labor Standards Act stating that uniform allowances are excluded from compensation for purposes of computing overtime pay because they are reimbursements rather than pay. However, since the plan document for the Corpus Christi Fire Fighters' Retirement System provides that the fire fighters' compensation includes all amounts paid pursuant to the collective bargaining agreement between the City and the Corpus Christi Professional Fire Fighters' Association, it was determined that uniform allowance should have been included. The City's legal department reviewed these provisions and agrees that the uniform allowance should be included in the computation of retirement contributions for the fire fighters by both the City and the fire fighters. City Council Action Date: August 18, 2009 Subsequently, a committee was appointed by the Board of Trustees for the Corpus Christi Fire Fighters Retirement System, to review the issue to determine how much the City and the participating fire fighters owe to the Retirement System. The committee (upon advisement of the Board's legal counsel) felt that four years prior to the time of the plan change was a reasonable and equitable period of time to go back, and as a result, recommended that both the City and fire fighters contribute their share into the System for that time period. The City's share has been calculated to be $112,844.68. Since this is an unforeseen, unbudgeted item, City staff is recommending that payment to the Corpus Christi Fire Fighters Retirement System be taken from the unreserved fund balance of the General Fund. —41 7 — REQUIRED COUNCIL ACTION: Approval of the proposed ordinance and motion is requested. CONCLUSION AND RECOMMENDATION: Staff recommends that City Council approve the proposed ordinance and motion. L- Ca-- • ti Constance P. Sanchez Interim Director of Financial Services constancep @cctexas.com (361) 826 -3227 Attachments Background Information Letter from Craig Ansel dated June 23, 2008 Letter from Oscar Martinez dated September 19, 2008 Recalculation Worksheet of Firefighter and City Contributions Letter from Craig Ansel dated June 2, 2009 Letter from 'Angel R. Escobar dated August 5, 2009 —418— BACKGROUND INFORMATION On June 23, 2008, the prior City Manager received a letter from Craig Ansel, attorney for the Corpus Christi Fire Fighters' Retirement System (the Retirement System). (See attached.) The letter explained that on July 1, 2007 pursuant to the agreement between the City, the fire fighters and the Retirement System, it was determined that the fire fighters' uniform allowance was not being included in the base upon which City and fire fighter contributions were being computed, and the "drag -up pay" was being included in the contribution base. Under the terms of the current and previous Plan Documents, the uniform allowance should have been included as part of the contribution base. Under the terms of the new Plan Document, the drag -up pay is excluded from the contribution base. As of September 28, 2008, the City corrected its computations from that point forward. The City historically has never included uniform allowances in the retirement plan contribution base for fire fighters or for police or for civilian employees based on a Department of Labor regulation under the Fair Labor Standards Act stating that uniform allowances are excluded from compensation for purposes of computing overtime pay because they are reimbursements rather than pay. However, the Plan Document for the Fire Fighters' Retirement System provides that the fire fighters' compensation includes all amounts paid pursuant to the collective bargaining agreement between the City and the Corpus Christi Professional Fire Fighters' Association. On September 19, 2008, Assistant City Manager Oscar Martinez sent a response to Mr. Ansel's June 23, 2008 letter. (See attached.) The response basically stated that the City did its due diligence in researching the topic being questioned and outlined 2 options the City was proposing: (1) Recouping the funds beginning July 1, 2007 — when the Firefighter's Plan Document changed. (2) Recognizing that the new Plan Document excludes "drag -up" in the contribution base for the City's contributions, and as of September 18, 2008, the City stopped including it. Mr. Martinez agreed to speak on this matter to the Board of Trustees at its September 25, 2008 meeting. Following the receipt of the Assistant City Manager's letter, a committee of Board members was formed to analyze the issues and present a proposal to the Board for submission for consideration to the City and the Fire Fighters' Association. The committee included representatives of the City, the Fire Fighters' Association, active fire fighters and retired fire fighters and was comprised of the Mayor's representative on the Board (who was Buck Sosa at that time); the Finance Director's representative on the Board (Constance P. Sanchez, Interim Director of Financial Services) and fire fighter trustee - Clark McAllister. The Committee analyzed the uniform allowance amounts which should have been included in the base for computing the City's and the fire fighter's contributions to the Retirement System. In addition, the Committee analyzed the drag -up pay which should not have been included in the base —419— for computing the City's and the fire fighters' contributions to the Retirement System. This information is summarized on the attached chart prepared by the Committee. The Committee and the Board of Trustees believed that it was important to secure a fair and reasonable resolution of the issues pertaining to the uniform allowance and the drag -up pay for the parties involved. Based on an extensive analysis of the potential legal issues that might arise regarding these matters, the Board believed that an appropriate resolution should include contributions from the City and the fire fighters based on the four fiscal years leading up to the effective date of the new Plan Document (July 1, 2007) and the period thereafter until the date the uniform allowance began to be included in the computation base and the drag -up pay began to be excluded from the computation base (through the pay period ending September 28, 2008). The Board of Trustees of the Retirement System proposed that this matter be resolved by the following steps: (1) The City contributes to the Retirement System the amount of $184,542.71, representing the amount it would have contributed based on the uniform allowance paid to fire fighters during the periods identified. (2) The City receives credit for the amount of $92,432.19, representing the amount that it contributed to the Retirement System after July 1, 2007 based on drag -up pay paid to retiring fire fighters. The net contribution by the City would be $92,110.52 ($184,542.71 - $92,432.19). (3) The currently active fire fighters contribute their individual portions of the amount of $146,173.06, representing the amount that the then - active fire fighters would have contributed based on the uniform allowance paid to fire fighters during the periods identified. The City's MIS department ran a report from the payroll system and determined that $125,438.90 of the $146,173.06 is made up of fire fighters who are still actively employed. The remaining $20,734.16 is for fire fighters who are no longer active. (4) Since former fire fighters who are no longer active fire fighters would not be required to contribute amounts to the Retirement System for this purpose, the shortage in the total fire fighter contribution due to the retirement or termination of former fire fighters, totaling $20,734.16, is being recommended to be contributed to the Retirement System by the City. Another letter was sent to the City on June 2, 2009 outlining these recommendations. (See attached.) The City's response dated August 4, 2009, is also attached. City staff concurs with the recommendation that the contributions to the Retirement System by the City and the active fire fighters should be made promptly. The Chairman of the Board has begun meeting with each individual fire fighter and has received signed authorization from the fire fighters authorizing the payroll deduction. Completion of the meetings with all the fire fighters should occur within the next month. The total amount due by the City to the Retirement System is $112,844.68 ($184,542.71 less $92,432.19 plus $20,734.16). Since this was an unforeseen item, City staff is recommending that it be paid as a "one- time" expenditure out of the General Fund's unreserved fund balance. —420— DAVIS, HUTCHINSON & WILKERSON, L.L.P. MARTIN C. DAVIS WARD CUM= = m1TX PURR= • PROBATE LAW SUSAN E. HUTCHINSON WARD CRUNIZO MAU MOWN • PRDRATI LAW MARSHALL R. WILKERSON WARD CUM= WnmaAL RILL MATS LAW CRAIG A. ANSEL BOARD CUNND TAX LAW CAREY P. LOCKE WARD mamma UIRMILL UAI. =ATI LAW CCODmOAL UAI. MATU LAW NEWMAN F. BAKER III STETr M. JACOBY ATTORNEYS AT LAW FROST BANK PLAZA 802 N. CARANCAHUA, SUITE 1270 CORPUS CHRISTI, TEXAS 78470 -0400 Mr. George K. Noe City Manager City of Corpus Christi P. 0. Box 9277 Corpus Christi, TX 78469 -9277 Dear Mr. Noe: June 23, 2008 (361) 882-2272 (361) 882 -1191 FAX CAnselODHWLaw.com RECEIVED JUN 2 5 2008 CITY MANAGER'S OFF!':= Re: Contributions to Corpus Christi Fire Fighters' Retirement System I represent the Corpus Christi Fire Fighters' Retirement System. Recently a question arose regarding the base amount upon which the contributions are computed and made to the Retirement System by the City and by the firefighters. Specifically, this question involves the inclusion or exclusion of the uniform allowance and the "drag -up pay" paid to the firefighters under their collective bargaining agreement with the City. I would appreciate your input on the appropriate resolution to this question. This question arose when the computation of contributions and benefits was analyzed after the new Plan Document went into effect on July 1, 2007, pursuant to the agreement between the City, the firefighters and the Retirement System. Under the terms of the new Plan Document, each firefighter's individual compensation is used to compute contributions to the Retirement System on his or her behalf. In analyzing the payroll information provided by the City, it was determined that the uniform allowance apparently is not included in the base upon which City and firefighter contributions are being computed, and the "drag -up pay" apparently is included in the contribution base. 1. Treatment of Uniform Allowance. Mrs. Constance Sanchez, the City Finance Director's representative on the Board of Trustees of the Retirement System, has advised the Board that the City does not include uniform allowances in the retirement plan —421— Mr. George K. Noe City Manager City of Corpus Christi Page 2 contribution base for fire fighters or for police or civilian employees. She explained that this treatment has been applied for many years, based on a Department of Labor regulation under the Fair Labor Standards Act stating that uniform allowances are excluded from compensation for purposes of computing overtime pay because they are reimbursements rather than pay. The Retirement System understands that the City has excluded the uniform allowance in computing contributions for many years based on this interpretation. The treatment of the uniform allowance is problematic because of the Retirement System Plan Document definition of compensation for purposes of the contributions to the Plan. Under the new plan, which became effective for payroll periods beginning after July 1, 2007, the City and the firefighters contribute a stated percentage of their "covered biweekly pay" which includes the uniform allowance. A firefighter's covered biweekly pay is defined in the Plan Document as follows: Covered Biweekly Pay. A Participant's "Covered Biweekly Pay" consists of his eamed income, wages, salary, all amounts paid pursuant to the collective bargaining agreement between the Employer and the Corpus Christi Fire Fighters' Association, and other amounts received for personal services actually rendered in the course of employment with the Employer; provided, however, any payments made by the Employer upon a Participant's termination of employment with the Employer for unused sick leave, unused vacation, unused comp. time, or injury pay (sometimes referred to as "Drag -up pay ") will be excluded from his Covered Biweekly Pay in determining the 130 consecutive periods with the highest total Covered Biweekly Pay. Pay received in biweekly pay periods beginning on or after July 9, 2007 for time out for sick leave or vacation, or as regular, longevity or training/certification pay will be included in Covered Biweekly Pay (underlined emphasis added). In previous years covered by prior Plan Documents, the City contributions were based on each individual firefighter's Compensation, but the uniform allowance was excluded from Compensation for that purpose. The prior Plan Documents defined Compensation as follows: Compensation- -Means, in accordance with Section 414(s) of the Code, a Participant's earned income, wages, salaries, all amounts paid pursuant to the collective bargaining agreement between the Employer and the Corpus Christi Firefighters Association, and other amounts received for personal services actually rendered in the course of employment with the Employer maintaining the Plan including: —422— Mr. George K. Noe City Manager City of Corpus Christi Page 3 (1) elective contributions made by the Employer on behalf of Participants that are not includible in income under Section 125 of the Code; (2) compensation deferred under an eligible deferred compensation plan under Section 457 of the Code; and (3) contributions by Participants which are "picked up" by the Employer pursuant to Section 414(h)(2) of the Code; but excluding any items not enumerated above which must be excluded from the term "compensation" under Section 415(c)(3) of the Code and Section 1.415 - 2(d)(3) of the Treasury Regulations, as amended. Compensation shall include only that compensation which is actually paid to the Participant during or with respect to a plan year while he is participating in the Plan (underlined emphasis added). It appears that the firefighters' contributions were made appropriately for years covered by the prior Plan Documents. In previous years covered by prior Plan Documents, the firefighter contributions to the Retirement System were based on the firefighters' Average Monthly Salary. I understand that the Average Monthly Salary was computed based on the correct Compensation amounts, including the uniform allowance, until the current Plan Document became effective in July, 2007. Since then, it appears that the firefighters' contribution base incorrectly excluded the uniform allowance. Based on these provisions of the Plan Document, it appears that the uniform allowance amounts should have been included (and should be included in the future) in the base for computing the City's computations to the Retirement System. Likewise, it appears that the uniform allowance amounts should have been included effective for payroll periods beginning after July 1, 2007 (and should be included in the future) in the base for computing the firefighters' contributions to the Retirement System. I understand that the uniform allowance has varied over the past several years, and it is currently $31.16 per pay period for each firefighter. The attached preliminary computation is a rough estimate of the amount of the shortfall from the City contributions for the years 2004 through 2007, based on the applicable City contribution rates for each year and an estimate of the uniform allowance paid during each of these years. This computation will need additional refinement before it is finalized, but it seems to provide an estimate of the amounts involved during these years for discussion purposes. —423— Mr. George K. Noe City Manager City of Corpus Christi Page 4 2. Treatment of Drag -Up Pay. I understand that the City has included the "drag - up pay" of several retiring firefighters in the contribution base for City contributions after the terms of the new Plan Document became effective in 2007. As provided in the definition quoted above, the covered biweekly pay used as the contribution base under the new Plan Document does not include "drag -up pay." The attached preliminary computation is an estimate of the amount the City has contributed based on retiring firefighters' ' "drag -up pay" paid for payroll periods beginning after July 1, 2007. This computation will need additional refinement before it is finalized, but it seems to provide an estimate of the amounts involved for discussion purposes. 3. Resolution. In order to resolve these issues, it appears that the City should contribute additional funds to the Retirement System to take into account the uniform allowance that has been excluded from the contribution base in the past, and to include the uniform allowance in the contribution base for City and firefighter contributions in the future. It appears that the amount to be contributed to the Retirement System with regard to the uniform allowance might be offset, in part, by the amounts paid by the City to the Retirement System based on "drag -up pay" since July 1, 2007. In the future, "drag -up pay" should be excluded from the contribution base for City contributions and fire fighter contributions to the Retirement System. I look forward to hearing from you on this issue. rpruly yours, CAA:ngh Enclosures G: Miles\ CCF\ LettersMb06- 11.08.noe.contrib.doc Qu Craig A. Ansel cc: Board of Trustees Corpus Christi Firefighters' Retirement System 711 N. Carancahua, Suite 724 Corpus Christi, Texas 78475 —424— UNIFORM ALLOWANCE w 0 1 ZD OO _Jj F Q _ Z 00 1- z 0 0 0 a W 0 J 0 Q cn re F re W ea LL gw Ce Z(L 0) 0 J 0 Oa IX Q W va ¢a w 0 2Q cc 0 O 2J Q W } ° C v a, N a N a a V' r- M mnnrn r hr O) rNr M r r M N N) O r of 0 0 0 0 00 0 O O co N N N N N V' r r r r r r 0 O O O 000 M co D R N V 0 0 tD V r co c co • V In co W in N r r M r CD CO O O r �f V Tt • V e} M r CO CN1 ry r r N r in LO r CD CD 01 N N M M M 0 ▪ 0 0 0 N 0 N N -425- Drag -Up Pay Included in Contribution Base in 2008: City Contribution Rate in 2008: City Contributions on Drag -Up Pay in 2008 -426- $544,471.83 15.39% $83.794.22 City of Corpus Christi FINANCIAL SERVICES PO Box 9277 Corpus Christi Texas 78469 -9277 Phone 361- 880 -3610 Fax 361 -880 -3601 www.cctexas.com September 19, 2008 Mr. Craig A. Ansel Davis, Hutchinson & Wilkerson, L.L.P. Frost Bank Plaza 802 N. Carancahua, Suite 1270 Corpus Christi, Texas 78470 -0400 Dear Mr. Ansel: In response to your letter dated June 23, 2008, to George K. Noe, the City of Corpus Christi has reviewed the calculation of contribution into the Corpus Christi Firefighters' Retirement System and has determined that uniform allowance has been excluded from the calculation of both the City's contribution and the employee's contribution for as far back as we can tell. We reviewed the calculation of the average monthly salary of all firefighters for fiscal year 2005 -2006 which was used in calculating the 2006 -2007 bi- weekly salary and traced the figures to the City's "FRRF Report" for one pay period. We went further and traced one firefighter's salary from the FFRF Report back to his individual pay sheet in PeopleSoft. In doing so, we added his regular earnings for that pay period with all the add -on's (Education Pay, Longevity Pay, Paramedic Pay, Paramedic Ambulance Pay). The sum of these pays agreed to what was reflected on the FFRF Report for this employee. Uniform allowance was not included in any of these calculations. The definition of "covered biweekly pay" as per your letter includes "... all amounts paid pursuant to collective bargaining agreement between the Employer and the Corpus Christi Fire Fighters' Association, all other amounts received for personal services actually rendered in the course of employment with the Employee..." Upon reviewing this definition, our legal staff has concurred that uniform allowance should be included in the calculation of both the City's contribution and the employee's contribution into the Firefighters' Retirement System. I would like to stress to you that our exclusion of this item was not done intentionally. The City's position has historically been that uniform allowances are excluded from compensation because they are reimbursements rather than pay. This has been based on a Department of Labor's regulation under the Fair Labor Standards Act. —427— City of Corpus Christi a.rhr•hr Mr. Craig A. Ansel Davis, Hutchinson & Wilkerson, L.L. Corpus Christi Firefighters' Retirement System Page 2 The question that we need to resolve is how we remedy what has occurred in the past for both the City's contributions and the employees' contributions. Calculating the amount due from both the City and the firefighters will be a monumental task — especially in light of the fact that many of the firefighters who will need to contribute have either retired or have passed away. The option that I am recommending would be to recoup these funds beginning July 1, 2007 — when the Firefighter's Plan Document changed. If you are amenable to this option, then the City will begin calculating what the City would owe, as well as what each firefighter would owe. I would like to discuss this option with you at the September 25th meeting of the Corpus Christi Firefighters' Retirement System Board of Trustees. The second item you outlined in your letter is the treatment of drag -up. The City now realizes that based on the new Plan Document that "drag -up" should not be included in the contribution base for the City's contributions. As of the date of this letter, we have stopped including it. Again, I would like to include this in our discussion at the September 25th meeting of the Board of Trustees. I look forward to meeting with you and the Board of Trustees on September 25th. Very truly yours, )77 2272 Oscar Martinez Assistant City Manager xc: Cindy O'Brien, Interim Assistant City Manager Cynthia Garcia, Director of Human Resources Peter Merkl, Assistant City Attorney —428— Firefighter Retirement System Recalculation of FF and City Contributions NONE -on drag up pay PLUS - on Uniform Allowances Uniform Allowance -Due from FF & City-Due to Firefighter Retirement System FF City $ 21,375.00 $ 27,350.40 $ 30,489.40 $ 28,502.10 $ 22,515.75 $ 35,60428 $ 26,238.60 $ 34,808.21 $ 1,297.04 $ 1,703.67 $ 14,308.89 $ 18,794.92 $ 22,478.39 $ 28,355.93 $ 7,469.99 $ 9,423.20 $ 146,173.06 $ 184,542.71 FY 2003 -2004 FY 2004 -2005 FY 2005-2006 FY 2006 -2007 FY 2006-2007 - FY 2007 -2008 - FY 2007 -2008 - FY 2008 -2009 - - PPE 07/27/03 -07/25/04 - PPE 08/08104-07124/05 - PPE08/07/05- 07/23/06 - PPE 08106 /06 thru PPE 07/08/07 PPE 07122/07 only PPE 08/05/07 thru PPE 12/23/07 PPE 01/08/08 thru PPE 07/20/08 PPE 08/03/08 thru PPE 09/28/08 Drag Up -Due to City -Due from Firefighter Retirement System FF City $ 65,576.71 . $ 92,432.19 Paid flat fee of $215.23 Paid flat fee of $219.46 Paid flat fee of $216.93 Paid flat fee of $216.74 FF- 11.10 %, City - 14.58% FF- 11.10 %, City- 14.58% FF- 12.20 %, Clty- 15.39% FF-12.20%, City - 15.39% - The firefighters Included in this figure all received a "Retro Drop" and have been refunded their contributions into the Firefighter Retirement System. Therefore, no money is due to the retired firefighters. May 20, 2009 -429- DAVIS, HUTCHINSON & WILKERSON, L.L.P. MARTIN C. DAVIS WAmC.QWUa pMIIC ,LMIP:¢ * FROUR LAW SUSAN E. auica N90N sea. MATt M.MIW a Is IIIMATI LAW MARSHALL R. WILKERSON powwows, [YtlOACIAL UAL RTAR LAW CRAIG A. ANSEL .oaocwmW TAX UN CAREY Y. LOCKE COMMUC.LYTALYRa ?uW NEWMAN F. RAKER 111 STE7T M. JACOBY ATTORNEYS AT LAW FROST BANK PLAZA 802 N. CARANCARUA, SUITE 1270 CORPUS CHRISTI, TEXAS 78470.0400 June 2, 2009 (361) 8824272 (361) 882.1191 FAX CAmdODEWLaw.cam RECEIVED city Managers Office JUN 0 3 2009 Mr. Angel R. Escobar City Manager City of Corpus Christi P. O. Box 9277 Corpus Christi, TX 78469 -9277 Mr. Carlos Torres, President Corpus Christi Professional Fire Fighters Association 6014 Ayers Corpus Christi, Texas 78415 Re: Contributions to Corpus Christi Fire Fighters' Retirement System Dear Mr. Escobar and Mr. Torres: I represent the Corpus Christi Fire Fighters' Retirement System. As you may be aware, as outlined in my letter to Mr. George K. Noe dated June 23, 2008, the base amount upon which the contributions are computed and made to the Retirement System by the City and by the fire fighters must be adjusted to take into their collective nt e bargaining allowance and the "drag -up pay" paid to the fire fighters bargaining ai m agreement with the City. In his letter to me dated September 19, 2008, responding y letter to Mr. Noe, Mr. Oscar Martinez indicated that he concurred with this conclusion, and he requested that the Board of Trustees of the Retirement System work with him to remedy this matter with respect to the City contributions and the fire fighter contributions to the Retirement System. This letter provides the Board of Trustee's proposal to address this matter. —430— Mr. Angel R. Escobar Mr. Carlos Torres, President Page 2 The following summary of the information in my letter of June 23, 2008 may be of assistance. After the new Plan Document for the Retirement System went into effect on July 1, 2007, pursuant to the agreement between the City, the fire fighters and the Retirement System, it was determined that the fire fighters' uniform allowance was not being included in the base upon which City and fire fighter contributions were being computed, and the "drag -up pay" was being included in the contribution base. Under the terms of the current and previous Plan Documents, the uniform allowance should have been included as part of the contribution base. Under the terms of the new Plan Document, the drag -up pay is excluded from the contribution base. Apparently the City has not included uniform allowances in the retirement plan contribution base for fire fighters or for police or civilian employees for many years, based on a Department of Labor regulation under the Fair Labor Standards Act stating that uniform allowances are excluded from compensation for purposes of computing overtime pay because they are reimbursements rather than pay. However, the Plan Document provides that the fire fighters' compensation includes all amounts paid pursuant to the collective bargaining agreement between the City and the Corpus Christi Professional Fire Fighters' Association. Following the receipt of Mr. Martinez' letter, a committee of Board members was formed to analyze the issues and present a proposal to the Board for submission to the City and the Fire Fighters' Association. The committee was comprised of the Mayor's representative on the Board, Mr. Buck Sosa, the Finance Director's representative on the Board, Mrs. Constance Sanchez, and fire fighter trustee, Mr. Clark McAllister. As such, it included representatives of the City, the Fire Fighters' Association, active fire fighters and retired fire fighters. The committee, with the helpful cooperation and assistance of the City staff and Retirement Plan administrator Mrs. Gracie Flores, analyzed the compensation paid to fire fighters over a number of years to determine the scope of the contribution matter based on the uniform allowance and the drag -up pay. They determined that the fire fighters and the City did not contribute to the Retirement System based on the uniform allowance until this matter was brought to the attention of the City in 2008. They also determined that the City contributed to the Retirement System based on drag -up pay paid to several retiring fire fighters after July 1, 2007 until this matter was brought to the attention of the City. I understand that both of these matters were corrected in September, 2008, so the resolution of these issues involves the period prior to the correction. —431— Mr. Angel R. Escobar Mr. Carlos Torres, President Page 3 The Committee analyzed the uniform allowance amounts which should have been included in the base for computing the City's and the fire fighter's contributions to the Retirement System. In addition, the Committee analyzed the drag -up pay which should not have been included in the base for computing the City's and the fire fighters' contributions to the Retirement System. This information is summarized on the attached chart prepared by the Committee. Mrs. Constance Sanchez has the supporting computations and schedules which were used to prepare these computations and she can provide additional information if you need additional detail to analyze these amounts. The Committee and the Board of Trustees believe that it is important to secure a fair and reasonable resolution of the issues pertaining to the uniform allowance and the drag -up pay as between all interested parties. Based on an extensive analysis of the potential legal issues that might arise regarding these matters, the Board believes that an appropriate resolution should include contributions from the City and the fire fighters based on the four fiscal years leading up to the effective date of the new Plan Document (July I, 2007) and the period thereafter until the date the uniform allowance began to be included in the computation base and the drag -up pay began to be excluded from the computation base (through the pay period ending September 28, 2008). These periods are included in the attached chart prepared by the Committee. The Board of Trustees of the Retirement System proposes that this matter be resolved by the following steps: 1. The City contributes to the Retirement System the amount of $184,542.71, representing the amount it would have contributed based on the uniform allowance paid to fire fighters during the periods identified. 2. The City receives credit for the amount of $92,432.19, representing the amount that it contributed to the Retirement System after July 1, 2007 based on drag -up pay paid to retiring fire fighters. The net contribution by the City would be $92,110.52 ($184,542.71 - $92,432.19). 3. The currently active fire fighters contribute their individual portions of the amount of $146,173.06, representing the amount that the then -active fire fighters would have contributed based on the uniform allowance paid to fire fighters during the periods identified. Additional computations will be required —432— Mr. Angel R. Escobar Mr. Carlos Torres, President Page 4 to determine the amount that each currently active fire fighter will contribute, based on the dates of his or her employment during the periods identified. 4. Former fire fighters who are no longer active fire fighters would not be required to contribute amounts to the Retirement System for this purpose, and currently active fire fighters who were not employed during the entire period identified would not be required to contribute amounts for periods during which they were not active fire fighters. The shortage in the total fire fighter contribution due to the retirement or termination of former fire fighters, which is anticipated to be relatively small, would be contributed to the Retirement System by the City. 5. The contributions to the Retirement System by the City and the active fire fighters will be made promptly, beginning with the first payroll period in the upcoming fiscal year of the City. The Board considered the possibility of a short time over which the fire fighters' contributions could be made in installments through payroll deductions, perhaps over twelve months and preferably no longer than twenty-four months. 6. The $65,576.71 amount on the attached schedule is included for informational purposes, but this amount is not owed by the Retirement System to the former fire fighters for whom drag -up pay was paid and it does not offset or reduce the amount to be contributed by the fire fighters. Each of these fire fighters has already received his or her full amounts upon termination, including drag -up pay, by means of a RETRO DROP election as provided by the Plan Document. I look forward to hearing from you on the resolution of this matter. CAA:ngh Enclosures aVileACCF f.cuersVU05.29 -09.acobaramifmm conhib.doc Craig A. Ansel —433— Mr. Angel R. Escobar Mr. Carlos Torres, President Page 5 cc: Board of Trustees Corpus Christi Fire Fighters' Retirement System 711 N. Carancahua, Suite 724 Corpus Christi, Texas 78475 —434— City of Corpus Christi 'Angel R. Escobar P.E. CITY MANAGER PO Box 9277 Corpus Christi Texas 78469 -9277 Phone 361-826-3220 Fax 361- 826 -3839 www.cctexas.com bred Mama August 5, 2009 Mr. Craig A. Ansel Davis, Hutchinson & Wilkerson, L.L.P. Frost Bank Plaza 802 N. Carancahua, Suite 1270 Corpus Christi, Texas 78470 -0400 Dear Mr. Ansel: I am in receipt of your letter dated June 2, 2009 regarding contributions to the Corpus Christi Fire Fighters' Retirement System ( "the System "). City staff has informed me of the issues that transpired regarding the uniform allowance, and I understand the recommendations made by the Committee and the Board of Trustees. Thank you for your diligence and effort in trying to get this resolved in an expeditious manner. Upon reviewing the information presented and in consultation with the City's legal staff, I agree with each of your recommendations; provided, however, that the ultimate decision rests with the City Council. The information in your letter suggests that the City needs to contribute $184,542.71 into the System, representing the amount it would have contributed based on the uniform allowance paid to the firefighters during the periods identified. This amount would then be netted against the credit that the City would receive in the amount of $92,432.19, representing the amount that it contributed to the System after July 1, 2007 based on drag -up pay paid to the retiring firefighters. The net contribution into the System by the City would be $92,110.52. Of the $146,173.06 outlined in your letter representing the amount that the then- active firefighters would have contributed into the System based on the uniform allowance paid to the firefighters during the periods identified, the City's Payroll Division of Financial Services has determined that $125,438.90 is payable from active firefighters, and $20,734.16 is the amount applicable to firefighters who are no longer contributing to the System. As a good -faith gesture, I will propose to the City Council on August 18, 2009 that the City contribute the amount attributable to fire fighters who are no longer contributing to the System. The total that I will propose to be paid into the System by the City will be $112,844.68 ($92,110.52 plus $20,734.16). The City would like to make its payment to the System, as well as having a payment plan in place for each active fire fighter, as soon as possible. I would ask that the payment plans not exceed 26 pay periods. —435— I would also ask that the City receives written acknowledgement from the Corpus Christi Firefighters Retirement System that the $112,844.68 to be paid by the City was voted upon by the Board of Trustees as payment in full to address this issue. Additionally, I ask that the City receive assurance from the Board that every effort will be taken to collect the $125,438.90 from the active firefighters that is due into the System. Again thank you for your detailed explanation of the situation and your plan of action to resolve the matter. The City of Corpus Christi is amiable to resolving this matter as quickly as possible. If you would like to discuss this further, please let me know. Very truly yours, Angel R. Escobar City Manager xc: Richard Hooks, Fire Chief Cindy O'Brien, Interim Assistant City Manager Cynthia Garcia, Director of Human Resources Peter Merkl, Assistant City Attorney Board of Trustees Corpus Christi Firefighters' Retirement System 711 N. Carancahua, Suite 724 Corpus Christi, Texas 78475 Mr. Carlos Torres, President Corpus Christi Professional Fire Fighters Association 6014 Ayers Corpus Christi, Texas 78415 —436— Page 1 of 1 AN ORDINANCE APPROPRIATING $112,844.68 OF THE UNRESERVED FUND BALANCE IN THE GENERAL FUND NO. 1020 FOR PAYMENT TO THE CORPUS CHRISTI FIREFIGHTERS' RETIREMENT SYSTEM FOR PAST UNIFORM ALLOWANCE CONTRIBUTION; CHANGING THE FY 2009- 2010 OPERATING BUDGET ADOPTED BY ORDINANCE NO. 028252 BY INCREASING EXPENDITURES BY $112,844.68; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS: SECTION 1. That $112,844.68 of the Unreserved Fund Balance in the General Fund No. 1020 is appropriated for payment to the Corpus Christi Firefighters' Retirement System for past uniform allowance contribution. SECTION 2. That the FY 2009 -2010 operating budget adopted by Ordinance No. 028252 is changed by increasing expenditures by $112,844.68. SECTION 3. 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 shall take effect upon first reading as an emergency this the of August, 2009. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED as to form: August 11, 2009 By: ani Lisa Agui Assistant City Attorney for the City Attorney Joe Adame Mayor H: \LEG- DIR\Lisa\2009 Ordinance\Firefighters Reitrement allowance.doc Corpus Christi, Texas Day of , 2009 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, Joe Adame Mayor Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler ---- Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal ----- John E. Marez Nelda Martinez Mark Scott —438— 30 CITY COUNCIL AGENDA MEMORANDUM AGENDA ITEM: City Council consideration of an appeal by Ronald A. Voss, Sr., of the Building Standards Board's decision to require demolition of the west wing of the structure located at Lot 2, Copps Addition, commonly known as 1502 Tarlton Street. ISSUE: Mr. Ronald A. Voss, Sr., (property owner) has requested the City Council to hear and consider an appeal of the Building Standards Board's decision ordering demolition of the west wing of the structure on the property located at 1502 Tarlton Street in accordance with City Code of Ordinances, Section 13 -28, Appeals, for failure to meet minimum building standards. The Building Standards Board ordered demolition to the west wing of the subject property on March 26, 2009. Notice of Appeal: Section 13 -28(a) of the City Code of Ordinances provides that whenever it is claimed that the decision of the Building Standards Board is erroneous, or that the decision of the Board would cause undue hardship, the owner or occupant may appeal the Board's decision to the City Council. Section 13 -28(a) says that the appeal shall state specifically the error alleged to have been committed by the Board. In this case, the owner states the Board's decision was erroneous and that the decision would cause undue hardship to Mr. Ronald A. Voss, Sr., the owner of the property. REQUIRED COUNCIL ACTION: Council may consider the following actions: 1. Deny the appeal (thereby upholding the Building Standards Board order), or 2. Sustain the appeal (thereby reversing the Board's order in whole or in part). Specifically, Section 13 -28(b) of the City Code of Ordinances ( "Code ") provides that the City Council may vary the application of any provision of Chapter 13 of the City Code, Article II, Building and Housing Standards, when enforcement would do manifest injustice and would be contrary to the spirit and purpose of the code or public interest or when, in City Council's opinion, the decision of the board should be modified or reversed. Under Section 13 -28 of the Code, a decision to modify or reverse an order of the board in whole or in part shall specify the following: (1) in what manner such modification is made, (2) the conditions upon which it is made, and (3) the reasons therefore. —441— Should the City Council desire to modify or reverse the Board's order, staff recommends that City Council set deadlines for any required action, and that the Zoning and Code Administrator be authorized to demolish the structure upon the owner's failure to comply with the City Council's decision. The decision of the City Council is final unless the aggrieved party appeals by instituting a suit within the required time allowed from the date on which the City Council rendered the decision. Recommended Process: The proceeding should be informal. In deciding this case, the City Council acts in a quasi - judicial capacity, i.e., it will determine what the facts are and determine whether the structure requires demolition. The Council will consider only the information relevant to those issues. At the outset, staff can summarize the agenda, the agenda memorandum and its attachments. Then, the City Council will hear such comment, which would be done after presentation and argument of the parties, but before City Council deliberation. PREVIOUS COUNCIL ACTION: No prior action related to this case. FUNDING: No funding involved. CONCLUSION AND RECOMMENDATION: City staff recommends that the City Council uphold the Building Standards Board's decision to require demolition of the west wing of the structure. The order is in accordance with Section 13- 26(G)(1)(c) of the Code allowing thirty (30) days to obtain proper permits and complete the demolition of the building(s) or structure(s) with the exception of the concrete slab. Owner is required to provide complete security from slab or walls that are existing between the east and west wing and remove the debris within thirty (30) days. If demolition and security are not started and completed as required, the City is authorized to demolish. tai e . LRean) Margie C. Rose Assistant City Manager /Interim Director of Neighborhood Services MargieR @cctexas.com 826 -3865 Attachments: Presentation Chronology of Events & Exhibits • Exhibit Documentation (Exhibits 1 -21) —442— Background Ronald A. Voss, Sr. and Southwest Phoenix Group, Inc. is the owner of property located at 1502 Tarlton Street, also known as the Corpus Christi Osteopathic Hospital. On March 26, 2009, the Building Standards Board Order found the building(s) or structure(s) to be substandard and ordered the owner to: o demolish the building(s) or structure(s) known as "West Wing" according to Section 13 -26 (G)(1)(c) of City Code with the exception of concrete slab; o obtain any and all permits within 30 days; o provide complete security from the slab and /or walls existing between the east and west wings; remove debris within 30 days from date of notice; o if demolition and security is not started and completed as required, then City is authorized to demolish. Further action on the remaining building structure (east wing) was tabled until the next meeting of the Building Standards Board scheduled July 23, 2009. Section 13 -28(a) of City Code of Ordinances provides for an appeal to City Council whenever it's claimed that the decision of the Building Standards Board is erroneous, or causes undue hardship, stating the specific error alleged to have been committed by Board. The owner in this case is claiming the decision is erroneous and causes undue hardship and alleges City failed to timely notify all owners of property of any alleged violation or hearing. He further states that demolition of the west wing is not warranted by definition of owner's obligation to secure a vacant building under the Vacant Building Code since transients /criminal trespassers can not access the roof without the use of tools or ladders. The Appellant claims undue hardship by creating a building security obligation more burdensome and onerous, than which currently exists. On November 7, 2008, the first walk- through was conducted for a full interior inspection of the east and west wing by Neighborhood Services Department, Police and Fire Marshall, Legal Department, Director of Neighborhood Services, Mr. Voss and his attorney. Various violations were found. The inspection reveals the building to be unsecured with visible and accessible entry from several locations, and unsanitary and dangerous conditions with continued violations of Building Code and Vacant Building Ordinance. Due to the inspection, the City takes further action. The Fire Marshall files charges for various violations of the Fire Code. Code Enforcement files new charges for continued violations of the Vacant Building Ordinance as related to existing and deteriorating conditions of the property and security of the building. Code Enforcement initiates process for emergency demolition of the "west wing ". Recent case history begins in November 21, 2008, when the City Building Official, Code Enforcement staff and Fire Marshall determine the structure to be substandard requiring extensive rehabilitation or demolition. On December 2, 2008, the City offers property owner, Ronald A. Voss, Sr. two options for resolution: 1) full demolition or 2) rehabilitation of roof including clearance of interior debris, maintenance of exterior, and premises. Mr. Voss' attorney responds to the City's request without a final decision on course of action. -443- On December 26, 2008, the City advises Mr. Voss' attorney of substandard property and requests a "course of action" for abatement of the substandard structure and interior conditions, and, a commencement date for abatement be communicated to the City no later than January 15, 2009. On January 15, 2009, Voss responds to the request but without a final decision on course of action or commencement date. The response indicates bids obtained for demolition. On January 22, 2009, the second walk- through was conducted for a full interior inspection of the east and west wing by Neighborhood Services Department, Police and Fire Marshall, Director of Neighborhood Services, Mr. Voss and his attorney. Various violations were found. The inspection reveals the building to be unsecured with visible and accessible entry from several locations, and unsanitary and dangerous conditions with continued violations of Building Code and Vacant Building Ordinance. Due to the inspection, further City action is required. The Fire Marshall files charges on January 30, 2009 for various violations of the Fire Code. Code Enforcement files new charges for continued violations of the Vacant Building Ordinance as related to existing and deteriorating conditions of the property and security of the building. Code Enforcement initiates process for emergency demolition of the "west wing ". On March 26, 2009, the Building Standards Board issues Final Order for demolition of the "west wing ". The owner files appeal of order of Building Standards Board on May 12, 2009. On June 2, 2009, Code Enforcement staff re- inspect site and reconfirm conditions. Other items of interest include that multiple Fire Code violations have occurred and charges filed for exterior openings and interior openings accessible to unauthorized persons, fire alarm no longer in service, fire resistance rated construction not maintained, fire doors blocked by waste material, and combustible debris found through -out the building. In addition, the substandard and vacant building conditions promote criminal activity. Some of this activity includes graffiti, accumulation of litter & solid waste, illegal dumping (tires on multiple dates), a fatality, vagrants inside /outside structure, drug use and drug paraphernalia in and around the property, unsanitary conditions (including feces), gang activity, high weeds, criminal trespassing, suspected arson, and burglary & vandalism. The substandard and vacant building conditions are located near Travis Elementary, Christ the King Church and school, Primera Iglesias Bautista, and directly adjacent to a residential neighborhood, HEB Pool & Tennis Center, Broadmoor Senior Center, and La Armada Apartments. Finally, the City has seven (7) liens for unpaid invoices totaling $4,993.74 related to abatement (oldest invoice from March, 2006). An additional invoice in the amount of $654.86 is pending receipt of payment. The current property tax balance is $212,470.25. The appraised value is $215k with $ 50k in improvements, and land valued at $165k. Staff recommends denial of the appeal, thereby upholding the Order of the Building Standards Board. —444— Chronology of Events & Exhibits 1502 Tarlton Street (west wing) City Code of Ordinances (Exhibit 1) Building and Housing Standards Code of Ordinances: Section 13 -25 April 2, 2008 (Exhibit 2) • Notification of Ordinance Violation (Section 23 -72(d) & 23 -70): Mr. Voss notified of tall weeds and brush and directed to correct violations(s) within seven days. Notice was also sent to Southwest Phoenix, Inc. • Notice provided via certified mail to Mr. Voss and Southwest Phoenix, Inc. • Certified mail "return to sender unable to forward /attempted -not known" April 17, 2008 (Exhibit 3) • Notification of Ordinance Violation (Section 23 -72(d) & 23 -69): Southwest Phoenix, Inc. notified of accumulation of litter and solid waste and directed to correct violations(s) within seven days. • Notice provided via certified mail to Southwest Phoenix, Inc. • Certified mail returned "unclaimed" June 17, 2008 • Code Enforcement re- inspected property and determined the property was not in compliance August 11,2008 • Charges filed in Municipal Court for high weeds, litter and solid waste October 10, 2008 • Code Enforcement re- inspected property and determined the property was not in compliance November 6, 2008 (Exhibit 4) • Neighborhood Services Department obtains "Administrative Inspection Warrant' from Municipal Court November 7, 2008 • Director of Neighborhood Services Department conducts first walk- through of property for full interior inspection of east and west wing accompanied by staff, Police Department, Fire Department, Legal Department, Mr. Ronald Voss and his attorney. Various violations were identified. November 12, 2008 • Charges filed in Municipal Court for high weeds, litter and solid waste —445— November 12 & 14, 2008 (Exhibit 51 • Notification of Ordinance Violation (Chapter 13, Article III and Section 13- 3002): Southwest Phoenix, Inc. and Mr. Voss notified (on 11/12/08 & 11/14/08, respectively) of determination of possible vacant building and directed to secure vacant building from unauthorized entrance within 14 days. Mr. Voss provided list of other Code violations. • Notice provided via certified mail • Certified mail "return to sender unable to forward /attempted -not known" November 13, 2008 (Exhibit 6) • Neighborhood Services Department obtains "Administrative Inspection Warrant' from Municipal Court • City contractor boards -up unsecured building which includes mowing and cleaning up the property. November 20, 2008 (Exhibit 7) • City Attorney's office sends letter to Mr. Voss's attorney advising of inspection and multiple violations both inside and outside the vacant structure including multiple unsecured entry points and access including substandard structural violations. November 20, 2008 (Exhibit 8) • Notification of Ordinance Violation (Section 23 -72(d) & 23 -69): Mr. Voss notified of accumulation of litter and solid waste and directed to correct violations within seven days. • Notice provided via certified mail • Certified mail returned "unclaimed" November 21, 2008 (Exhibit 92 • Notification of Ordinance Violation (Building and Housing Standards Code Section 13 -25): Mr. Voss and Southwest Phoenix Group, Inc. notified of determination to meet minimum standards. • Notice provided via certified mail • Certified mail "return to sender unable to forward /attempted -not known" December 2, 2008 • Staff offers two options for resolution of violations to property owner o 1) full demolition; or, o 2) rehabilitation with a roof that would meet all the vacant building specifications including the clearance of all debris in the interior of the building as well as maintaining the exterior and the premises. Mr. Voss's attorney reports back with status. —446— December 9, 2008 • Mr. Voss obtains two proposals regarding demolition of the west wing: (1) $45,000.00 which would be for demolition and removal of entire west wing; 2) $20,000.00 demolition and removal of west wing, excluding concrete slab and exterior walls. December 19, 2008 • City staff review Mr. Voss's report and direct City Attorney to prepare a response to Mr. Voss establishing action required and firm response date of January 15, 2009. December 26, 2008 (Exhibit 10) • City sends letter to Mr. Voss's attorney regarding progress toward a resolution of substandard property. City again requests that: o 1) a "course of action" for abatement of the substandard structure and interior conditions; and, o 2) a commencement date for abatement, be communicated to City no later than January 15, 2009 January 15, 2009 (Exhibit 11) • Mr. Voss's attorney responds to letter from City stating Mr. Voss is not in a "position to discuss a course or commence proposals. January 19, 2009 (Exhibit 12) • Letter provided via certified mail to appear before the Building Standards Board on January 29, 2009 regarding violation of the Building and Housing Standards Code. • Certified mail returned "unclaimed' January 22, 2009 • Director of Neighborhood Services Department conducts a second walk- through for full interior inspection of east and west wing accompanied by staff, Police and Fire Marshall, Director of Neighborhood Services, Mr. Voss and his attorney. Various violations were identified. January 26, 2009 (Exhibit 13) • City Attorney's office sends letter to Mr. Voss's attorney advising of re- inspection to determine progress. City advises that the re- inspection revealed that the structure remains substandard, unsecured, and in dangerous conditions. Letter further states City intends to begin abatement including emergency demolition which would result in invoice for demolition. Failure to remit amount could result in lien against property. January 27, 2009 • Code Enforcement and Fire Department file charges for failure to correct minimum standards violation and several Fire Code violations. —447— January 29, 2009 (Exhibit 141 • Hearing packet provided to Building Standards Board members on property located at 1502 Tarlton Street on hearing scheduled January 29, 2009. • Staffs recommendation is to initiate "Emergency Demolition" for west wing only. • Building Standard Board tables east wing to be presented at the March 26, 2009 Building Standards Board hearing. February 2, 2009 (Exhibit 15) • City sends letter to Mr. Voss's attorney setting forth City's intended course of actions including emergency demolition requesting Mr. Voss to abate other substandard condition present on the property. February 11, 2009 (Exhibit 16) • "Final Order of Building Standard Board" issued to property owner(s) from the regular hearing of January 29, 2009 advising that consideration of 1502 Tarlton Street was tabled until the March 26, 2009 hearing. • Notice provided via certified mail • Certified mail "return to sender unable to forward". March 14, 2009 (Exhibit 17) • Letter to Mr. Voss to appear before the Building Standards Board on March 26, 2009. • Notice provided via certified mail • Certified mail "return to sender /unable to forward". March 20, 2009 • Charges filed for high weeds, litter and solid waste March 26, 2009 (Exhibit 182 • Hearing packet presented at Building Standards Board Hearing o Copy of "Final Order of the Building Standards Board" ordering demolition within of west wing within 30 days. o Order of the board was to table action on "east wing" or main building until July 23, 2009 hearing. April 8, 2009 (Exhibit 19) • Ronald A. Voss files notice of appeal of Final Order of the Building Standards Board provided with City Secretary's office. April 14, 2009 (Exhibit 201 • Final Order of Building Standards Board issued to property owner(s) from the regular hearing of March 26, 2009 in regards to the west wing. • Notice provided via certified mail —448— (Exhibit 21) • Property tax balance as of June 5, 2009: (source: Nueces County Website, Tax Assessor-Collector): amount of taxes owed: $212,470.25. • Property Detail Sheet with property valuation (source: Nueces County Appraisal District website): Improvements: $ 50,000; Land: $215,000 o Property Detail Sheet indicating improvement details, i.e. square footage, etc. —449— 31 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: Water Conservation and Drought Management Plan STAFF PRESENTER(S): Name Title /Position 1. Gustavo Gonzalez Director 2. 3. Department Water Operations OUTSIDE PRESENTER(S): Name Title /Position Organization 1. 2. 3. BACKGROUND: As the drought conditions intensify, it is critical that we understand the current status of our water supply and what actions can and should be taken to ensure that we have an adequate supply. The purpose of this presentation is to provide an update on the current status of our Water Supply. REQUIRED COUNCIL ACTION: None. PowerPoint Supplemental Information j dfla Gustavo Gonzalez, P.E. Director Water Operations g ustavogo@cctexas.com 826 -1874 -605- Service Area Reservoir Levels Lake Texana Drought Contingency Plan Water Conservation Rate Water Conservation Programs Long Term Water Supply Strategies 1 0 0 0 0 ❑ ❑ D' a) c V I„,5"2 E MI OR Q) ❑ O 47 M Boa' E ge) O c V o ❑ ❑ ❑ ❑ ❑ ❑ ❑ to ❑ ❑ ❑ ❑ ❑ c� O 0 0 O co co M L0 0 0 0 0 r N O O N M O 0 O O (0 N O C) L0 N O L w t!) c 0 A c (6 U 0 0 Percent of a 0 0- 0 ta O O t• t• N c 0 R w N W O N N 0 0 U N L 1 o Ucn D rrr- U Contract provides for 41,000 acre /feet/year • Average pumpage rate 31,000 gals /minute Anticipate reduction in pumpage rate to 20,000 gals /minute gli Avoids exceeding total allowable contract pumpage Makeup water will be drawn from Choke Canyon /Lake ga Corpus Christi Reservoir System m The City's Drought Management Plan considers the combined storage Reservoir System in determining whether to initiate a drought response E Plan identifies factors that initiate a drought response and actions of the Choke Canyon Reservoir and Lake Corpus Christi (CCR /LCC) Drought Contingency Plan last amended September 2001 to be taken toward managing water shortage situations. Original plan adopted in 1986 — first in state of Texas based on 50, 40, 30 or 20 percent storage. '.y I !' &5'1l of *'L'] 111:1 /:1:!' &YLt 11 ;Eel 1.1 q:f'f_t 1 ['1 U 1) 7..• {_.3 L ; C '•i ? C ... <t c) 4.1 — - . �) CJ _) In 3 ... J Ci) -2. ,7. N.I -- - S: CL !▪ - vt .. _ u: `a, o V _ W - C.) rn 0 - �) 6.n. ' • Gam° -- ,_ _ LL' . } ✓ V* :: 'j :,�: T 5 .. k3 E W - - ' >_' __` a 00 0 Q 0. F -' • u U) I`I !J o • _ r 0 The City Manager will issue a notice of publication to alert the community to initiate voluntary water conservation measures. E 0) 2 c n and informa ublic educe a.) .(.7) c a.) c c a.) c 2' . _ a) 1- o help them understand the assist all customers impacted by the shortage need for voluntary action. conservation and ent manda c a) overnment o curtail their water use. Wholesale customers must also implement drought measures in their service area. ublic notice when reservoir levels drop. 4) City Manager will 0 0 c0 O -c .773 t_ c a) 4- - o c Q 4) t• 4) E = a) (1)) c 0 0 ' a) o _0 c 0 C 6 F ®D 0 o E o a) 0) e C > E water at minimum ra E 0 0 Commercial nurse hand held hose, sprinkler, soaker or hand held bucket, etc. i.e. Botanical Garden must submit s arcels of land, 4) 0 cts watering plan. ublic notice. 4) City Manager will E c 4) c 4) c 4) D 4) 4) E • • o a) o c o z 8 O c co 2 • 1:7 • o 4) 4) 4) 0) c c >, viz c 4) t-D 8 c 4) E . _ Ins 4) 4) c •(.7) -CI 4) E c . _ c E 4) 4) a) D c c E 4) . _ E 4) o_ 4) c D 4) 4) 4) c " o • 2 8 o-c >, 4) 4) 5 8 4) c D 0) 2 Ea c 9- 0 4) C E • 4) >, >, 4) D 4) 4) c c 4) 45 4) Under the Order of the Texas Commission on Environmental Quality, Certificate of Adjudication No. 21 -3214, the City is permitted: 1,200 acre feet /month when the combined reservoir system to reduce targeted inflows of water to Nueces Bay to to suspend targeted inflows below 30% of capacity. storage falls below 40% of capacity, and Water conservation rate structure can: n improve water efficiency; avoid unnecessary capital expenditures; . manage water resources during emergencies; . apply a surcharge fee for nonessential and inefficient water users; . offset loss of revenue needed to maintain operations . offset additional costs for enforcement . be implemented when reservoirs reach 30% combined capacity; and . be directed to fund water supply development. . Free Water Saver Kit Free Educational Classroom Programs Water Hotline (826 -1600) CCTV Messages Speaker's Bureau City Web Site Press Release 0 0 0 0 0 (grades PreK - 8), i.e. Water Wise and Water IQ Water Conservation Workshop Xeriscape Learning Center and Design 0 0 c a) 12 L V Speaker's Bureau o Community Outreach Events New - Plumber's to People Program o Media Advertisements o GOAL: To reduce City's overall per capita water consumption by one Billboard Messages a) ercent each Utility Bill Insert 0 0 pod for 2008. Currently at 233 Corpus Christi Aquifer Storage and Recovery District 0. N. Stevens Water Treatment Plant Garwood Irrigation Water 1 C. t 0 1) d