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CITY
COUNCIL
AGENDA
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Corpus
Christi
December 14, 1999
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Corpus
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December 14, 1999
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AGENDA
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
CITY HALL - COUNCIL CHAMBERS
1201 LEOPARD
DECEMBER 14, 1999
9:00 A.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 after the Presentations section. Please speak
into the microphone located at the podium and state yourname and address. Yourpresentation 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 ud. Desea dirigirse al Concilio y cree que su inglCs es limitado, habrJ un intEfprete inglEs-espanol an 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
'''ie City Secretary's office (at 512 880-3105) at least 48 hours in advance so that appropriate arrangements can be made.
A. Mayor Samuel L. Neal, Jr. to call the meeting to order.
B. Invocation to be given by Minister Luis Torres Jr., Igelsia De Cristo.
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 Samuel L. Neal, Jr.
Mayor Pro Tem Javier D. Colmenero
Council Members:
Melody Cooper
Henry Garrett
Dr. Arnold Gonzales
Rex Kinnison
Betty Jean Longoria
John Longoria
Mark Scott
MINUTES:
City Manager David R. Garcia
City Attorney James R. Bray, Jr.
City Secretary Armando Chapa
Approval of Regular Meeting of November 30, 1999. (Attachment #1)
Agenda
Regular Council Meeting
--December 14, 1999
age 2
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of
the agenda summary)
BOARDS & COMMITTEE APPOINTMENTS: (Attachment #2)
2. Airport Board
* Oil & Gas Advisory Committee
* Planning Commission
* Sister City Committee
G. EXPLANATION OF COUNCIL ACTION:
For administrative convenience, certain of the agenda items are listed as
motions, resolutions, or ordinances. If deemed appropriate, the City Council
will use a different method of adoption from the one listed; may finally pass
an ordinance by adopting it as an emergency measure rather than a two
reading ordinance; or may modify the action specified. A motion to
reconsider may be made at this meeting of a vote at the last regular, or a
subsequent special meeting; such agendas are incorporated herein for
reconsideration and action on any reconsidered item.
H. CONSENT AGENDA
Notice to the Public
The following items are of a routine or administrative nature. The Council has been
furnished with background and support material on each item, and/or it has been
discussed at a previous meeting. All items will be acted upon by one vote without
being discussed separately unless requested by a Council Member or a citizen, in
which event the item or items will immediately be withdrawn for individual
consideration in its normal sequence after the items not requiring separate
discussion have been acted upon. The remaining items will be adopted by one vote.
CONSENT MOTIONS. RESOLUTIONS, ORDINANCES AND ORDINANCES
FROM PREVIOUS MEETINGS:
(At this point the Council will vote on all motions, resolutions and ordinances not
removed for individual consideration.)
3. Motion approving a supply agreement with Trident Steel Corporation,
Houston, Texas for approximately 55,800 feet of steel pipe ranging in
size from 1" to 8" diameter in accordance with Bid Invitation No. BI -
0030 -00, based on the total low bid of $167,710. The pipe is used by
the Gas Department in new and replacement installations throughout
the gas distribution system. The term of the agreement will be 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
Agenda
Regular Council Meeting
-december 14, 1999
age 3
or his designee. Funds have been budgeted in FY 99-00.
(Attachment #3)
4. Motion authorizing the City Manager or his designee to execute a
construction contract with C.D. Electric of Corpus Christi, Texas in the
amount of $180,100 for the O. N. Stevens Water Treatment Plant On -
Going Pump Maintenance Program. (Attachment #4)
5. Motion authorizing the City Manager or his designee to execute a
construction contract in the amount of $54,490 with Rabalais Electrical
Constructors of Corpus Christi, Texas for the Padre Island Water
Pumping Plant Control and Monitoring System Installation.
(Attachment #5)
6. Motion authorizing the City Manager or his designee to execute a
-- construction contract in the amount of $26,093 with Rabalais Electrical
Constructors of Corpus Christi, Texas for the Water Distribution
System: Remote Water Quality Monitoring Retrofit Project.
(Attachment #6)
7. Motion authorizing the City Manager or his designee to execute a
construction contract in the amount of $58,642 with Prime Technology
Solutions, LLC of Lafayette, Louisiana for the Allison Wastewater
Treatment Plant: Rehabilitation and Other Modifications Project.
(Attachment #7)
Motion authorizing the City Manager or his designee to execute
Amendment No.1 to the contract for professional services with Bath
Engineering Corporation, in the amount of $370,942 for Stage 2
engineering services for the Wastewater Microwave Communication
System. (Attachment #8)
9. Motion authorizing the City Manager or his designee to execute Stage
1 of an engineering services contract in the amount of $143,000 with
Smith, Russo & Mercerforthe O.N. Stevens Plant Additional Pump for
High Service Pump Building No. 2 and the O.N. Stevens Plant Wash
Water System projects. (Attachment #9)
-M. Motion authorizing the acquisition of Parcel No. 4 located at 13014
Hearn Road between Brooklane Drive and Perry Lane for $105,000
in connection with the O.N. Stevens Water Treatment Plant Expansion
project. (Attachment #10)
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of
the agenda summary)
MOW
Agenda
Regular Council Meeting
--December 14, 1999
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CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of
the agenda summary)
11. Motion authorizing the acquisition by condemnation of Parcel No. 29,
located on Ennis Joslin Road between Del Oso Road and Carson
Street, for the Special Commissioner's award of $28,673 in connection
with the Spur 3, Phase 2 Improvements project. (Attachment #11)
12. Motion accepting the donation of 72.423 acres of land by N.O.
Simmons & Associates, Inc. and authorizing the City Manager or his
designee to execute Acceptance of the Gift Deed and Assignment of
Reservation of Claims. (Attachment #12)
13. Motion authorizing the City Manager to execute an agreement with the
Corpus Christi Downtown Management District in the amount of
$90,000 for assistance in downtown development and redevelopment
activities. (Attachment #13)
.14.a. Motion adopting the timetable for the FY2000 Consolidated
Plan/Annual Action Plan that is the planning and application process
for the Community Development Block Grant (CDBG), HOME
Investment Partnerships (HOME) and Emergency Shelter Grant (ESG)
programs. (Attachment #14)
14.b. Motion reaffirming Community Development Block Grant (CDBG)
Program objectives and guidelines as previously adopted by the City
Council on March 22, 1994 by Ordinance No. 021901. (Attachment
#14)
15. Resolution amending the City Investment Policy to allow contracts with
investment management firms to provide for the investment and
management of public funds upon City Council approval and adopting
the City Investment Policy as amended. (Attachment #15)
16. Second Reading Ordinance - Authorizing the City Manager or his
designee to execute a fifty-nine year lease with Corpus Assets, L.P.,
to construct an aerial enclosed pedestrian bridge or skywalk across the
Antelope Street right-of-way between the American Bank Building and
the former Petroleum Tower Building in consideration of the payment
of $7,440 in rent for the first four year term, with the rent for
subsequent five year terms being adjusted based upon the consumer
price index. (First Reading - 11/16/99) (Attachment # 16)
Agenda
Regular Council Meeting
--december 14, 1999
age 5
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of
the agenda summary)
EXECUTIVE SESSIONS:
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 matters listed on
the agenda, when authorized by the provisions of the Open Meetings Act,
Chapter 551 of the Texas Government Code. 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 officer.
Planned Executive Sessions and Related Action
In addition to the foregoing, notice is given specifically that the City
Council expects to go into executive session during this meeting
regarding the following additional matters:
Executive session pursuant to Texas Government Code, Section
551.074 for the purpose of evaluating the City Secretary with possible
discussion and action related thereto in open session.
Executive session pursuant to Texas Government Code, Section
551.074 for the purpose of evaluating the City Manager with possible
discussion and action related thereto in open session.
(Note: Presentations, Public Comment, Regular Agenda items and
Public Hearings will be considered after 2:00 p.m.)
J. PRESENTATIONS:
Public comment will not be solicited on Presentation items.
"A Feast of Sharing" - HEB 11th Annual Holiday Dinner
K. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT
SCHEDULED ON THE AGENDA. PLEASE LIMIT PRESENTATIONS
TO THREE MI N UTES. IF YOU PLAN TO ADDRESS THE COUNCIL DURING
THIS TIMEPERIOD, PLEASE SIGN THEFORMAT THE REAR OF THE COUNCIL
CHAMBER, GIVING YOUR NAME, ADDRESS AND TOPIC. (A recording is made
of the meeting; therefore, please speak into the microphone located at the podium
and state your name and address. If you have a petition or other information
pertaining to your subject, please present it to the City Secretary.)
Si usted se dirige a la junta y cree qua su ingl6s as limitado, habra un int6rprete
ingl6s-espanol en la reuniBn de la junta para ayudarie.
Agenda
Regular Council Meeting
december 14, 1999
ige 6
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of
the agenda summary)
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.
L. REGULAR AGENDA
CONSIDERATION OF MOTIONS, RESOLUTIONS, AND ORDINANCES:
17.a. First Reading Ordinance - Annexing five tracts of land adjacent to the
city limits in the vicinity of the Wood River Subdivision; providing for a
service plan for the annexed tracts of land; 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; and providing an effective date. (TractA) (Attachment
#17)
17.b. First Reading Ordinance - Annexing four tracts of land adjacent to the
city limits in the vicinity of the Wood River Subdivision and Hazel
Bazemore Park; providing for a service plan for the annexed tracts of
land; 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; and
providing an effective date. (Tract B) (Attachment #17)
17.c. First Reading Ordinance - Annexing one tract of land adjacent to the
city limits, located between I.H. 37 and the Nueces River; providing for
a service plan for the annexed tracts of land; 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; and providing an effective date; and providing an
effective date. (Tract C) (Attachment #17)
-I l.d. First Reading Ordinance -Annexing two tracts of land adjacent to the
city limits, located on Mustang and North Padre Islands, north of Park
Agenda
Regular Council Meeting
---T)ecember 14, 1999
age 7
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of
the agenda summary)
Road 22 and north and west of State Highway 361, in the vicinity of
Packery Channel; providing for a service plan for the annexed tracts
of land; 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; and
providing an effective date. (Tract D) (Attachment #17)
17.e. First Reading Ordinance-Annexingthreetractsoflandadjacenttothe
city limits, located on Mustang and North Padre Islands, east of State
Highway 361 and Park Road 22, in the vicinity of Packery Channel and
Lake Padre subdivision; providing for a service plan for the annexed
tracts of land, 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 bound by the City
Charter, Ordinances, Resolutions, and Rules; providing for
amendment of the official maps of the City of Corpus Christi; and
providing an effective date. (Tract E) (Attachment #17)
17.f. First Reading Ordinance - Annexing six tracts of land adjacent to the
city limits on Mustang Island, located between Mustang Island State
Park and the City of Port Aransas; providing for a service plan for the
annexed tracts of land; 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; and providing an effective date. (Tract F) (Attachment #17)
18. Motion authorizing the City Manager or his designee to negotiate a
contract in the amount of $200,000 with Mr. Robert Perless for the
complete installation of artwork titled Orion's Belt on the Shoreline
Drive median south of the intersection of IH37 and Shoreline
Boulevard. (Attachment #18)
19. Resolution authorizing the City Manager of the City of Corpus Christi
to execute the City's acceptance and agreement of the deed and
assignment of the Lake Texana Pipeline Project from the Nueces River
Authority. (Attachment #19) (See Separate Attachment)
Agenda
Regular Council Meeting
-c1c,tcember 14, 1999
je 8
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of
the agenda summary)
M. PUBLIC HEARINGS:
20.a. Ordinance expanding and renewing the boundaries of the Corpus
Christi Enterprise Zone and authorizing the filing of an Enterprise Zone
application with the Texas Department of Economic Development;
further nominating the expanded Enterprise Zone as a reinvestment
zone. (Attachment #20)
20.b. Resolution nominating and designating Gulf Coast Entertainment,
L.L.C. as a qualified business and enterprise project pursuant to the
Texas Enterprise Zone Act, Chapter 2303, Texas Government Code.
(Attachment #20)
21. Resolution ratifying the guidelines and criteria for authorizing
temporary tax abatement and authorizing the execution of an
agreement with Gulf Coast Entertainment L.L.C. providing for
temporary property tax abatement. (Attachment #21)
22. First Reading Ordinance -Amending the Zoning Ordinance by revising
Article 13, B -2A Barrier Island Business District and Section 276-
7.01.C. relating to uses allowed in the District and Street Yard
requirements. (Attachment #22)
23.a. Ordinance closing and abandoning 51,879 -square feet of Oso Street
unimproved street right-of-way (ROW) between the Belden Street
ROW and the northwest side of the Railroad ROW, subject to the
owner, William R. Durrill complying with the specified conditions and
the owner, William R. Durrill replatting the property within 180 days at
his expense. (Attachment #23)
23.b. Ordinance closing and abandoning a 24,728 -square foot portion of
Palo Alto Street unimproved street right-of-way (ROW) between the
Oso Street ROW and the North Tancahua Street ROW, subject to the
owner, William R. Durrill complying with the specified conditions and
the owner, William R. Durrill replatting the property within 180 days at
his expense. (Attachment #23)
23.c. Ordinance closing and abandoning a 7,954 -square foot portion of
Fitzgerald Street unimproved street right-of-way (ROW) between the
North Tancahua Street ROW and the northwest side of the Railroad
ROW, subject to the owner, William R. Durrill complying with the
specified conditions and the owner, William R. Durrill replatting the
property within 180 days at his expense. (Attachment #23)
Agenda
Regular Council Meeting
-J3ecember 14, 1999
~ge 9
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of
the agenda summary)
N. REPORTS:
The following reports include questions by Council to Staff regarding City
policies or activities; request by Council for information or reports from Staff,'
reports of activities of individual Council members and Staff,' constituent
concerns; current topics raised by media; follow-up on Staff assignments;
scheduling of future Council meetings and activities; and other brief
discussions regarding city-related matters.
24. CITY MANAGER'S REPORT
* Upcoming Items
25. MAYOR'S UPDATE
26.
COUNCIL AND OTHER REPORTS
ADJOURNMENT:
POSTING STATEMENT:
This agenda was posted on the City's official bulletin board at the front entrance to
City Hall, 1201 Leopard Street, at 2:45 D.m., December 10 ,1999.
Armando Chapa
City Secretary
NOTE:
The City Council Agenda can be found on the City's Home
Page at www.ci.corpus-christi.tx. us after 5:00 p.m. on the
Friday before regularly scheduled council meetings.
Symbols used to highlight action item that implement
council priority issues.
SUPPI ,EMENTAI, AGENDA
REGULAR COUNCIL MEETING
CITY OF CORPUS CHRISTI, TEXAS
CITY HALL - COUNCIL CHAMBERS
1201 LEOPARD
DECEMBER 14, 1999
9:00 A.M.
PUBLIC NOTICE is hereby given pursuant to Texas Open Meetings Act, 551.045 of the
following addition to the agenda of the City Cotmcil to be considered at the above meeting:
I. EXECUTIVE SESSIONS
Planned Closed Session and Related Action
Notice is given specifically that the City Council expects to go into executive
session during this meeting regarding the following additional matter:
Closed session pursuant to Texas Government Code Section 551.071, regarding
the Application of Corpus Christi Power & Light Company for a Certificate of
Convenience and Necessity in Nueces and San Patricio Counties, Texas, Docket
No. 19950, SOAH Docket No. 473-98-1916, Public Utility Commission of Texas,
with possible discussion and action related thereto in open session.
EMERGENCY POSTING STATEMENT:
This posting is necessary because of a request in the case which was made by Corpus Christi
Power and Light to the City Attorney on December 12, 1999, which relates to a decision
immediately required in the presently ongoing trial of the case. This decision requires
consultation by the City Attorney with the City Council as to whether the City Attorney should
take the requested action. An argent public necessity exists because of the reasonably
unforeseeable situation brought about by the late receipt of the request and the need to
immediately give direction to the City' s attorneys in the ongoing trial of the case.
POSTING STATEMENT:
This supplemental agenda was posted on the City' s official bulletin board at the front entrance to
City Hall. 1201 LeopardStreet, at 57.'t~j' p.m., glte. /$ ,1999.
Armundo Chapa
City Secretary
H:XLEG-DIRUIMMY~WPDOCS\COUNCIL\9JRB0500. 100
1
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
November 30, 1999
12:02 p.m.
PRESENT
Mayor Samuel L. Neat Jr.
Mayor Pro Tem Javier D. Colmenero*
Council Members:
Melody Cooper*
Henry Garrett
Dr. Arnold Gonzales
Rex A. Kinnison
John Longo~a
Mark Scott
Ci_ty Staff:
City Manager David R. Garcia
Deputy City Manager George Noe
City Attorney James R. Bray Jr.
City Secretary Armando Chapa
Recording Secretary Rachelle P. Ram6n
ABSENT
Betty Jean Longoria
Mayor Neal called the meeting to order in the Council Chambers of City Hall.
The invocation was delivered by Rev. Jerry Weiss, Trinity Worship Center, following which
the Pledge of Allegiance to the United States flag was led by Council Member Kinnison.
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 Neal called for approval
of the minutes of the City/County joint meeting of November 8, 1999 and the regular Council
meeting of November 16, t 999. A motion was made and passed to approve the minutes as presented.
Mayor Neat referred to the presentations on the day's agenda.
The furst presentation was an update on the proposed 2000 bond issue process. Deputy City
Manager Noe recalled that in May 1999, the Council developed a set of goals and priorities during
their planning relreat. The Council directed staff to develop a capital improvement bond issue that
included priioritized projects for consideration and financing alternatives. On July 20, 1999 the
Council approved the FY 99-00 capital improvement program (CIP) budget and the 2000-04 CIP that
included projects to be funded from a future bond election.
Mr. Noe went on to say that on September 21, 1999 staff gave the first presentation of"Bond
Issue 2000" which included the CIP process, the first draft of a project list, fmancing alternatives,
and possible election dates. The second presentation by staff was made on October 12, 1999 and it
included options regarding the public input process, possible heating sites, capital policies, suggested
evaluation criteria, and a summary of the potential tax impact at various levels of bond financing.
Minutes
Regular Council Meeting
November 30, 1999
Page 2
Also on October 12th, the Council voted to instract staff to continue to develop information
for the Council and citizens regarding holding a bond election. Since then, staff has been involved
in various bond election-related activities: the City Attomey has discussed with the Attorney
General' s Office the necessary ballot language and sales tax alternatives; and staff has formed a task
force to develop "starting points" for the bond election.
Mr. Noe reviewed two key financing alternatives: property tax increase and sales tax
increase. Under the first scenario, a voter-approved property tax increase would be outside the 68-
cent tax cap, while the actual property tax rote required to satisfy debt service would be set annually.
With regard to a sales tax increase, Mr. Noe explained that two cents of every dollar is available for
local use (each 1/8 cent equals approximately $3.8 million). Curren~y, the city collects one cent for
the General Fund and I/8 cent for the Crime Control District. Also, the Regional Transportation
Authority collects 1/2 cent, which leaves 3/8 cent available for other local uses. He said projects that
are eligible for sales tax funding include park and recreation projects, tourism and economic
development, and streets (which require a case-by-case review).
Mr. Noe said that a general obligation bond election can be held on virtually any date (with
some exceptions), while a sales tax election must be held on one of four statutory election dates.
During the year 2000 they are January 15th, May 6th, August 12th, and November 7th. During their
last bond election discussion, the Council considered the possibility of holding a combined property
tax/sales tax election on November 7, 2000.
Regarding specific projects, the Deputy City Manager said staff believes the renovation of
the seawall can be supported by a 1/8 cent sales tax increase. He noted that the seawall project is
estimated to cost $43 million and will take about six years to accomplish beginning in 2001. Mr. Noe
said staff has also earmarked another 1/8 cent as a potential funding source for a multi-purpose
arena, which is estimated to cost $25 million to $35 million with estimated annual operation and
maintenance costs of $1 million to $1.5 million.
*Council Member Cooper arrived at 12:15 p.m.
Mr. Noe said staff has developed two altematives for a property tax-based proposition. The
first one focuses on health and safety ($6.43 million) and streets ($33.57 million), totaling $40
million. The second proposal totals $52.89 million and it includes the following: health and safety
($9.73 million), park and recreation ($10.92 million), public facilities ($1.77 million), and streets
($30.47 million). He also discussed projected property tax rates for debt service for both a $40
million bond issue and a $53 million bond issue, as well as the impact of the bond election on the
average home owner (with an average home value of $67,278).
City Manager Garcia and other staff responded to Council members' questions. He pointed
out that this proposal is different from the first one in the mount of the bond issue being discussed
($40 million or $53 million versus $100 million) and, subsequently, the change in the impact to the
homeowner. Some Council members asked that they receive staff's proposals sooner in order to
Minutes
Regular Council Meeting
November 30, 1999
Page 3
study them. City Attorney Bray said it has been determined that the seawail project can be funded
through a saies tax increase. Mr. Garcia said the next step would be for the Council to direct staff
to continue with the bond election package and to determine other factors, such as the public
participation process.
Following a brief discussion, Mayor Neal suggested that the Council hear the presentations
on the arena and the seawall first and then return to the discussion on the bond election.
The second presentation was a discussion of funding options and cooperative efforts in
construction of a multi-purpose areru~ Mr. Noe explained that in October 1985 a feasibility site study
for a multi-purpose arena and outdoor facility was prepared by Kenneth Leventhal and Company
CPAs; however, the project was never brought before the voters. In December 1994 the Nueces
County Sports Facility District requested that the city help fund a feasibility site study for a multi-
purpose arena and outdoor facility, but that study was never undertaken. And in July 1997 the
Community Progress Parmership considered placing an arena complex on the list of proposed
projects to be financed by a sales tax referendum, but it was later determined that the complex would
not be included on the CPP bailot. Mr. Noe then reviewed comparable projects around the country.
He said funding slxategies include a 1/8 cent increase in the locai saies tax, contributions
from users and partners, and facility-generated revenues. He noted that 1/8 cent generates about $3.8
million annuaily and it supports $40 million in debt over 20 years. Mr. Noe said staff is
recommending that the arena project be initiated separately from the bond issue, and they suggest
that the arena project be incorporated into the current work being done on the convention center
expansion. He said there are benefits to locating the two projects together, such as shared facilities
and operations. He said they believe that a sales tax increase is the most viable source of funding and
they are seeking the Council's authorization to begin active discussions with all potential parmers,
including the university, the Port, the IceRays, and others.
In response to Council members' questions, Mr. Noe noted that the City of Laredo is
planning to hold an election in May to consider a 1/4 cent sales tax for a $35 million arena. Mr.
Garcia miterated that the oppommity exists to share costs for the convention center expansion and
the arena construction. He added that the coliseum will remain but the question is whether the city
will be able to operate both facilities in tandem. Mr. Noe said an engineering anaiysis has been
conducted on the feasibility of adding seats to the existing coliseum, and the numbers are high. Mr.
Garcia also discussed the concept of public/private participation for a new arena involving a series
of financiai commitments along with some tax-supported debt.
Mr. Garcia also stated that locating a new arena adjacent to the convention center presents
the greatest number of oppommities and the fewest problems. He added that construction will be
needed to improve parking and traffic circulation in that area. Mr. Noe pointed out that a needs
assessment will have to be conducted to determine the appropriate size for an arena. Mr. Garcia said
3
Minutes
Regular Council Meeting
November 30, 1999
Page 4
that long-term contracts can be entered into with private entities for their use of the arena. The point
was made that an arena would be a 40- to 50-year investment for the city involving many uses.
*Council Member Colmenero arrived at 1:20 p.m.
The third presentation was a review of the seawail repair study. Mr. Jim Shiner, President
of Shiner Moseley & Associates Inc., introduced Mr. Jeff Massengill, Vice President of SMA and
project manager. Mr. Massengill pointed out that the study area included not just the seawall itself
but the Art Museum bulkhead, north reach, marina, T-Heads and L-Head and McGee Beach. He
added that the barge dock, which was rehabilitated in 1990, was not part of this investigation.
Mr. Massengill reviewed the study's findings, including that they detected limber pile decay,
voids under the structure, sheet piling corrosion, and deterioration of the concrete. In addition, they
determined that the north reach was under-designed by today's standards. Other issues addressed in
the study included prioritization of repairs; sequencing of work; peer review by the U.S. Army Corps
of Engineers; alternative funding considerations; and the character of the seawail, such as its
importance to tourism and as a source of protection from storms. With regard to the peer review, Mr.
Massengill quoted from a Corps letter stating that they had found the studies and reports to be
comprehensive, and the recommendations that repairs are essentiai and the proposed remediai
measures reflect sound engineering judgment.
Capt. Tom Rodino, a retired member of the Coast Guard who was involved in the seawail
project, discussed aitemative funding sources. He noted that they looked into getting the seawail
classified as a federal project under the Corps of Engineers programs, which is a complex, lengthy
process and requires Congressionai authorization. He said the current condition of the seawail is a
detriment since it is the result of deferred maintenance and deterioration rather than disaster-induced
damage. Mr. Rodino aiso discussed post~disaster funding through FEMA. He said a short-term
funding solution needs to be found that is independent of federal disaster funding, as well as
pursuing it as a federal project in the long-term.
Mr. Massengill then discussed recommended repair option and costs, consisting of $36.7
million for design and coustmction; $1.5 million for administrative costs, for a total of $38.2 million
in 1999 dollars. For a five-year period, the escalation amount would be $3.8 million, for a total
project cost in future dollars of $42 million. He aiso described their recommendations of phased
design and construction. Mr. Massengill and Capt. Rodino then responded to Council members'
questions regarding funding options, safety issues, and timeline of the project (spanning six years).
Mayor Neai said the Council has several issues to consider with regard to a bond election:
whether or not to hold a bond election; if so, on what date; the amount of the property tax proposal;
needs assessment for the location of an arena in conjunction with a needs assessment for the
expansion of the convention center.
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Regular Council Meeting
November 30, 1999
Page 5
Council Member Gonnles made a motion to direct staff to plan for a joint property tax and
sales tax bond election on November 7, 2000. The property tax proposal would include multiple
projects up to $55 million, and the sales tax proposal would include the arena and seawall projects.
Council Member Cooper seconded the motion.
Council Members John Longoria and Rex Kinnison said they were not in favor of the
November 7th election date because it is a presidential election date. A motion was made to mend
Dr. Gonzales' motion to change the election date to August 12, 2000; Dr. Conriles accepted the
amendment. Mayor Neat called for a voice vote on the motion to mend, and it passed by the
following vote: Neat, Colmenero, Cooper, Garrett, GoBTa!es, Kimlison, and J. Longofia voting
"Aye"; Scott voting "No"; B. Longoria absent. Mr. Scott said he preferred the November 7th date.
Responding to Mr. Longoria, Mr. Garcia said staff's recommendation is to locate the arena
in close proximity to the convention center, which will be expanded and change& Mr. Longoria said
that in light of the other projects that are proposed for that area, including near the Port, he felt staff' s
recommendation made sense. Mr. Longoria made a motion to accept staffs recommendation to
locate the arena in the general area of the convention center; seconded by Mr. Kirmison.
Dr. Gonzales said that while he would like to have the arena located near the water, he was
concemed about traffic there. He said the Council needs infonnation on other possible sites. Mr.
Kinnison said the needs assessment will incorporate infrastructure needs. He said they should focus
on whether or not the community wants an arena rather than on where it will be located. Mr.
Colmenero said he thought the Council needs to be open-minded to altemative sites. Mr. Longoria
said different sites will involve parmerships with other entities. Ms. Cooper felt they should
designate the site at this time and they can change it later if necessary.
Mayor Neat restated Mr. Longoria's motion to accept staffs recormmendation to locate the
arena in the general area of the convention center and to conduct a needs assessment. The Mayor
called for a voice vote and the motion passed as follows: Neal, Colmenero, Cooper, Garrett,
Kinnison, J. Longoria, and Scott voting "Aye"; Gonzales voting "No"; B. Longoria absent.
Mr. Longoria and Mr. Kinnison suggested that the Council consider using the remaining 1/8
cent that is available in order to retire the debt much sooner than 20 years. Dr. Gonzaies noted that
the 1/8 cent will not go away and can be used in the future. Mr. Kinnison then made a motion to hold
a sales tax election but to leave it open as to the mount of the sales tax that will be dedicated toward
an arena or the seawail project; Mr. Longoria seconded the motion. City Secretaxy Chapa polled the
Council for their votes and the motion failed by the following vote: Kinnison, J. Longoria, and Scott
voting "Aye"; Neal, Colmenero, Cooper, Garrett, and ConTales voting "No"; B. Longoria absent.
Mayor Neat called for petitions from the audience.
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Regular Council Meeting
November 30, 1999
Page 6
Mr. Abel Alonzo, 1701 Thames, thanked several people, including H-E-B and Whataburger,
for their assistance in raising money to provide a week' s worth of groceries for 50 families, which
he said was a huge success.
Mr. Mike Baker, 4641 Gayle Circle, spoke against the annexation of Mastang Island, saying
the city should concentrate on the areas it has already annexed. He said they should prove that the
city has the capability of providing services to that area first before annexing it. He added that
Mustang Island belongs to Port Aransas, not Corpus Chfisti.
Mr. PhiHip Lain, 538 Indiana, said he is the youngest boat owner on the People's Street T-
Head. He suggested that booths be built behind every boat on the boardwalk, which would allow
shrimpers to offer shrimp to the public on a more regular basis. The shrirnpers could also make
longer trips on their boats. He discussed why he believes that plan would benefit the city and how
the existing ordinances make it difficult for shrimpers.
Mr. Tony Cisneros, Director of Park and Recreation, said the Water/Shore Advisory
Committee is reviewing all of the ordinances relating to marina operations. He said Mr. Lara's
suggestion could not be accomplished under the present ordinances but the ordinances could be
changed. Mayor Neai said he thought it is important to proceed with the process so the Council can
be given different options in a reasonable amount of time.
Mr. Ruben Lara, 4225 Adkins, said the ordinances regarding selling shrimp in the marina are
difficult to understand. He said there is much opposition and since they began discussing the issue,
they have experienced threats and sabotage. He said he has reported incidents to the police but he
has not received assistance. Mayor Neal asked Mr. Lara to visit with Assistant Police Chief Bung
(who was present at the meeting) about his concerns. Responding to Council Member Garrerc, Mr.
Lara said they have been operating there for 17 years. City Manager Garcia said staff and the
Water/Shore Advisory Committee are aware of the incidents at the marina, which have been
occurring for some time and they will continue to address them.
Mr. Leon Perez, 904 Buford, commented negatively on the Columbus ships.
Mr. Edwin Singer, President of the Foundation for Sciences and Arts, discussed the real
estate problem at the Bayfront Arts and Science Park. He said there is a great deal of private property
between the convention center and the courthouse. Mr. Singer said the Corps of Engineers is ready
to move if they can find a location. He said as private individuals they have tried to work with the
Corps but the city is the only agency that has the power to negotiate a deal with the Corps.
The fourth presentation was regarding the Bayfront Arts & Science Park development project
and the Art Museum of South Texas expansion project. Mr. John Dykema, President of the South
Texas Institute for the Arts, said there are eight Texas cities that are currently undergoing an
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Regular Council Meeting
November 30, 1999
Page 7
museum expansions. He explained that a few years ago, in order to be socially and ~scally
responsible, the Art Museum of South Texas merged with the Center for Hispanic Arts and the
Creative Arts Center, resulting in the South Texas Institute for the Arts. In addition, they have a
financial arrangement with Texas A&M University-Corpus Christi (TAMU-CC). As a result of the
merger, it was determined that additional facilities are needed, including classrooms and a vault.
Mr. Dykema said they established a budget and hired Mr. Ricardo Legaretta, an
internationally acclaimed architect. Mr. Dykema said the space between the art museum and the
Museum of Science and History is underutilized and they were asking the Council if they would
grant them the property to the north of their existing facility. He said that would allow for their
expansion, with the understanding that they will seek city staffs concurrence on the use of the
property. Mr. Dykema said they anticipated purchasing the Corps of Engineers building, constructing
their addition and then giving it to the city while continuing to maintain it.
Dr. Robert Ferguson, President of TAMU-CC, said the proposed project contains many
educational elements. He said they have raised $3 million out of the $5 million needed for the
project; in addition, they have a commitment from the Legislature for $95,000 per year for the
staffing and other elements of the project.
City Manager Garcia explained that one of the challenges in that area is how to take several
dynamic facilities and link them together in a cohesive way. Another challenge has been a drop in
attendance to those facilities. He said their goal is to attract one million visitors per year to that area
by developing a unique attraction with the cooperation of private developers.
Mr. Tom Utter, Assistant City Manager for Development Services, described the draft
request for qualifications from master developer teams for the Bayfront Arts and Science Park
development proposal. He noted that in December staff will be bringing to the Council their
recommendations for the feasibility consultant and the project management firm for the convention
center expansion.
Responding to Mayor Neat, Mr. Utter referred to a map of the area and described the location
of the Corps of Engineers, the art museum, and the Port property. Mr. Dykema explained that they
have had discussions in the past with the Corps and other entities regarding the Corps relocating. Mr.
Dykema and Mr. Utter also replied to Council members' questions. A discussion ensued regarding
the use of the waterfront property in that area. Mr. Utter pointed out that the Corps property would
need to go to a public entity, such as the city.
Council Member Gonzales made a motion to direct staff to work with the South Texas
Institute for the Arts to draw the boundaries of the property they need which, based on Mr. Dykema's
presentation, involves the north end (the Corps parking lot). In addition, the motion would direct
staff to work with a developer on developing the rest of the land there. The motion was seconded by
Council Member John Longoria.
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Regular Council Meeting
November 30, 1999
Page 8
Mr. Edwin Singer suggested that the Council appoint a committee consisting of
representatives of the Port~ the Corps, and their foundation to resolve the real estate situation. He
added that proceeding with the art museum's plans to utilize a world-class architect for their project
will set a standard for any developer who wishes to develop that area.
Dr. Gor~7~les said his motion incorporates Mr. Singer's thinking on the issue. Mr. Dykema
added that Mr. Utter is a member of their building committee and they intend to work with the city
on a mutually beneficial solution. Mr. Garcia said the issue of the Corps property basically entails
which entity will pay $2 million in order for the Corps to move to another location. He said the city
did not have the $2 million and their plan was for a private developer to acquire it. Mr. Dykema said
the concept is that the art museum will raise the money for the project and make it a gift to the city.
Following additional discussion, Mayor Neal called for a vote on Dr. GoB7~les' motion. Mr.
Utter said that the Council's motion in effect would be saying to the art museum that they can
develop property to the north but the exact boundaries still need to be determined and brought back
to the Council. Mr. Utter said they could come back to the Council on December 21, 1999. The
Mayor said that in the meantime they can follow Mr. Singer' s suggestion about forming a committee
to further the negotiations for the Corps property.
Mr. Chapa polled the Council for their votes on Dr. Gonzales' motion, and it passed by the
following vote: Neal, Colmenero, Cooper, Garrett, GopT~les, Kirmison, B. Longoria, J. Longoria,
and Scott voting "Aye."
Mayor Neal called for a brief recess.
Upon reconvening, City Secretary Chapa discussed holding a bond election in August versus
holding it in November. He explained that August elections typically have low voter turn-out (about
7% to 8%) and the cost is higher (abom $100,000) since the city would run the whole election and
have to pay for it. The benefit of holding the election in August is that the city would be able to
provide the results soon after the polls close on election day.
Mr. Chapa added that since the November 7th date is a presidential election, the voter turn-
out could be 38% to 40%, which is more reflective of the people's wishes. He said the county will
be running the November 7th election, thus saving the city about $35,000 to $40,000. In addition,
the city could have a separate color-coded ballot specifically for the city' s issues in order to not have
those issues lost at the bottom of the county's ballot.
Council Member Kinnison made a motion to change the date for a bond election to
November 7, 2000; seconded by Council Member Colmenero, and passed (B. Longoria absent).
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November 30, 1999
Page 9
The fifth presentation was made by Mr. Cisnems regarding festival area sites. He expla'med
that the city needs a permanent festival site not only for its events but also for non-city sponsored
large events. He said a study in 1985 by the Bayfront Activities Committee recommended
McCaughan Park as the site for a festival area. In 1991, city staff proceeded with the South Central
Area Development Plan, which recommended the Harbor Bridge portion of the Bayfront Arts and
Science Park. And in 1997, the Community Progress Partnership included a specific proposal for
developing the Harbor Bridge site as a festival area for $1.87 million. However, the CPP proposals
were rejected by the voters.
He said festival site requirements include: proximity to the water area of the bayfront;
available parking; good vehicle and pedestrian access; and support infrastructure in place. He said
the Harbor Bridge site contains several constraints, including continued construction of new
facilities; no waterfront access; competition for available parking; and scheduling conflicts with
other Bayfront Park tenants. The benefits of the Harbor Bridge site include that most of the property
is owned by the city; shade structures are in place; and close proximity to downtown and the
convention center.
He said the future of a festival site depends on locating it at the Harbor Bridge location or
an alternate site; possible future bond issue funding (estimating that it will need $2.5 million); the
need for a permanent location for such large festivals as Bayfest and Buccaneer Days; and possibly
tieing h in with a proposed arena. He said staff is recommending that Bayfest and Buccaneer Days
continue to operate in their current locations until the city has established a permanent site for such
festivals. He noted that the Jazz Festival was successfully held this year at Heritage Park. Mr. Utter
then referred to a map and described the areas owned by the city.
Council Member John Longoria discussed the idea of moving the Shoreline Boulevard
medians north oflH-37 next to the water and developing a festival site there. Mr. Cisneros pointed
out that when conventions are held at the convention center, Shoreline serves as the main traffic
corridor. Mayor Neat said he thought a natural location for a festival site is Heritage Park. He
suggested that they continue to study the issue of a festival site in the future.
Mayor Neal called for consideration of the consent agenda (Items 2-12). Council members
requested that Items 2, 4 and 5 be withheld for discussion. There were no comments from the
audience. City Secretary Chapa polled the Council for their votes and the following were passed:
3. M99405
Motion authorizing the City Manager or his designee to execute two professional service
contracts with Concentra Medical Centers, Corpus Christi: (1) to provide alcohol and drug
testing services for City employees in the Gas Department and employees required to hold
a Commercial Dfiver's License to perform the essential functions of their positions, and as
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Regular Council Meeting
November 30, 1999
Page 10
required by the Citywide and Marina Alcohol and Drag Policies; and (2) to provide for
specific alcohol and drug testing services required by the Fire Department's Alcohol and
Drag Policy. The estimated annual combined cost for two (2) contracts is $44,616.
The foregoing motion passed by the following vote: Neal, Colmenero, Garrett, Gonzales,
Kinnison, J. Longoria, and Scott voting "Aye"; Cooper and B. Longoria absent.
6. M99-408
Motion authorizing the City Manager or his designee to execute an engineering services
contract in the amount of $328,979 with Urban Engineering for the Savage Lane Pumping
Plant Clearwell Replacement Project.
The foregoing motion passed by the following vote: Neal, Colmenero, Garrett, Gonzales,
Kirmison, J. Longoria, and Scott voting "Aye"; Cooper and B. Longoria absent.
7.a. M99-409
Motion authorizing the City Manager or his designee to accept a grant in the amount of
$100,000 in Weed and Seed Assets Forfeiture funding from the U.S. Department of justice,
Office of Justice Programs, Executive Office for Weed and Seed, for support in Weed and
Seed Sites 1 and 2.
The foregoing motion passed by the following vote: Neal, Colmenero, Garrett, Gonzales,
Kinnison, J. Longoria, and Scott voting "Aye"; Cooper and B. Longoria absent.
7.b. ORDINANCE NO. 023850
Ordinance appropriating $100,000 of assets forfeiture funds from the U.S. Department of
Justice, Office of Justice Programs, Executive Office for Weed and Seed, in the No. 1050
Federal/State Grants Fund to support Weed and Seed Sites 1 and 2.
An emergency was declared and the foregoing ordinance passed by the following vote: Neat,
Colmenero, Garrett, Go~nTa!es, Kirmison, J. Longoria, and Scott voting "Aye"; Cooper and
B. Longoria absent.
RESOLUTION NO. 023849
Resolution authorizing the City Manager or his designee to submit a Community Outdoor
Outreach Program Grant application for up to $28,239 to the Texas Parks and Wildlife
Department, to fund Outdoor Education and Recreation enhancements to the City' s Summer
Recreation Programs.
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Regular Council Meeting
November 30, 1999
Page I 1
The foregoing resolution passed by the following vote: Neat, Colmenero, Garrett, Gonzales,
Kinnison, J. Longoria, and Scott voting "Aye"; Cooper and B. Longoria absent.
RESOLUTION NO. 023851
Resolution giving permission to Tarrant County Health Facilities Development Corporation
for the issuance of bonds, the proceeds of which will be used to finance the cost of health
facilities within the City of Corpus Christi, Texas.
The foregoing resolution passed by the following vote: Neat, Colmenero, Garrett, Gonzales,
Kinnison, J. Longoria, and Scott voting "Aye"; Cooper and B. Longoria absent.
10.a. M99-410
Motion authorizing the City Manager to execute Attachment No. 01 to Contract No.
7460005741-2001 with the Texas Department of Health in the amount of $87,979 for
tuberculosis prevention and control and expanded outreach services.
The foregoing motion passed by the following vote: Neal, Colmenero, Garrett, GonT~!es,
Kirmison, J. Longofia, and Scott voting "Aye"; Cooper and B. Longofia absent.
10.b. ORDINANCE NO. 023852
Ordinance appropriating a grant fi'om the Texas Department of Health in the amount of
$87,979 for tuberculosis prevention and control and expanded outreach services in the No.
1050 Federal/State Grant Fund.
An emergency was declared and the foregoing ordinance passed by the following vote: Neal,
Colmenero, Garrett, Gonzales, Kinnison, J. Longoria, and Scott voting "Aye"; Cooper and
B. Longoria absent.
11. ORDINANCE NO. 023853
Ordinance appropriating $115,000 tiom a Coastal Bend Community Foundation Grant in the
No. 3210 Library CIP Fund for library materials for the Janet F. Harte Public Library;
mending Ordinance No. 023703 which adopted the FY 99-00 Capital Budget, to add
$115,000 to the Library program.
An emergency was declared and the foregoing ordinance passed: Neat, Colmenero, Garrett,
Gonzales, Kinnison, J. Longoria, and Scott voting "Aye"; Cooper and B. Longoria absent.
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Regular Council Meeting
November 30, 1999
Page 12
12.
ORDINANCE NO. 023854
Ordinance authorizing the City Manager or his designee to execute a use privilege agreement
with Gary L. Martin and Mina K. Martin, to install, operate, maintain, and remove a 3" fome
main in and across the Hazel Bazemore Road street right-of-way, approximately 385-feet in
length, to tie into an existing sanitary sewer manhole located in a 20-foot wide utility
easement in the River Ridge Estates Subdivision, in consideration of payment of $530, and
other specified conditions.
An emergency was declared and the foregoing ordinance passed by the following vote: Neat,
Colmenem, Garrett, Gonzales, Kinnison, J. Longoria, and Scott voting "Aye"; Cooper and
B. Longoria absent.
Mayor Neal opened discussion on Item 2, police package sedans. Council Member Garrett
asked which budget will pay for the two additional sedans for the marshal's program. City Manager
Garcia replied that they will be paid for by Municipal Court. Mr. Jim Davis, Fleet Management
Superintendent, briefly discussed some of the vehicles being purchased. City Secretary Chapa polled
the Council for their votes as follows:
2. M99-404
Motion approving the purchase of 44 police package sedans in accordance with Bid
Invitation No. BI-0035-00 from Crosstown Ford Sales, Inc., Corpus Christi, Texas based on
low bid for a total amount of$911,548. Thirty-five (35) of the sedans are replacements for
Police Patrol; seven (7) are additional units for the Crime Control District; and two (2) are
additions to the fleet to be used by Municipal Court's Marshal Program. All items are
budgeted in the FY99-00 Capital Outlay.
The foregoing motion passed by the following vote: Neat, Colmenero, Garrett, Gonzales,
Kinnison, J. Longoria, and Scott voting "Aye"; Cooper and B. Longoria absent.
Mayor Neat opened discussion on Item 4, professional services contract. Responding to Mr.
Garrett, Ms. Sharon Dove, Assistant Director of Human Resources, said the city sent out 36 requests
for proposals to provide promotional examination and assessment center services and they received
seven responses; of those, Mr. Joiner's was the lowest. In addition, he has provided very good
services to the city for many years. She added that the fire and police associations agree through the
collective bargaining process to the assessment centers and their criteria. City Secretary Chapa polled
the Council for their votes as follows:
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November 30, 1999
Page 13
4. M99-406
Motion authorizing the City Manager or his designee to execute a professional services
contract with Dennis A. Joiner & Associates, to provide promotional examination and
assessment center services, as required by the agreements with the Corpus Christi
Fire fighters' Association and the Corpus Christi Police Officer' s Association, at an estimated
annual cost of $66,000.
The foregoing motion passed by the following vote: Neal, Colmenero, Garrett, ConTales,
Kinnison, J. Longoria, and Scott voting "Aye"; Cooper and B. Longoria absent.
Mayor Neal opened discussion on Item 5, "Millennium Carnival" street closings.
Council Member Scott said the background information for this item states that the
Buccaneer Commission has planned a $1.00 admittance fee for the general public to the millennium
carnival; however, the permit to close a street for public events states that "admittance to said event
shall be free."
Mr. Joe Ochoa, Executive Director of the Buccaneer Commission Inc., said the $1.00 charge
is consistent with Buccaneer Days, part of which is due to liability and safety issues for patrons. He
said pan of the fee will be used to pay for the fencing of the area_ Mr. Garcia said staff could amend
the permit regarding admittance to the event to reflect the $1.00 fee. A brief discussion ensued
regarding the safety measures that are planned for the event. City Secretary Chapa polled the Council
for their votes as follows:
5. M99-407
Motion approving the application from the Buccaneer Commission, Inc., to temporarily
close the southbound leg of Shoreline Boulevard, between Interstate 37 and Peoples Street,
beginning 10:00 a.m. December 28, 1999 and ending 12:00 midnight January 3, 2000, to
conduct the "Millennium Carnival" festivities.
The foregoing motion passed as follows: Neal, Colmenero, Kinnison, J. Longoria, and Scott
voting "Aye"; Gonzales voting "No"; Garrett abstaining; Cooper and B. Longofia absent.
Mayor Neai referred to Item 13, and a motion was made, seconded and passed to open the
public heating on the following zoning case:
13. Case No. 1099-1. George Mostaghase: A change of zoning from an "F-R" Farm-Rural
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Regular Council Meeting
November 30, 1999
Page 14
District to "B-4" General Business District on Tract 1 and "R-1C" One-family Dwelling
District on Tract 2 on Nueces River Irrigation Park Annex No. 2, Tract I, located on the
northeast comer of Northwest Boulevard (F.M. 624) and Trinity River Drive.
City Secretary Chapa said the Planning Commission and staff recommended approval of an
"R-1C" District on Tract 2, and approval ofa "B-4" District on the south 275 feet of Tract 1 (Tract
1B), and denial ofa "B-4" District on the north 125 feet of Tract I ( Tract 1A), and in lieu thereof,
approval of an "AB" Professional Office District. No one appeared in opposition to the zoning
change. Dr. Gonzales made a motion to close the public hearing, seconded by Mr. Scott, and passed.
Mr. Chapa polled the Council for their votes as follows:
13. ORDINANCE NO. 023855
Amending the Zoning Ordinance, upon application by George Mostaghase, by changing the
zoning map in Reference to Tracts 1A, 1B, and 2 in Tract 1 of Nueces River Irrigation Park
Annex No. 2; by changing the zoning of Tracts 1A, 1B, and 2 from "F-R" Farm-Rural
District; changing Tract 1B to "B-4" General Business District; changing Tract 1A to "AB"
Professional Office District; changing Tract 2 to "R-1C" One-Family Dwelling District;
amending the Comprehensive Plan to account for any deviations from the existing
Comprehensive Plan.
An emergency was declared and the foregoing ordinance passed by the following vote: Neat,
Colmenero, Garrett, Gonzales, Kinnison, J. Longoria, and Scott voting "Aye"; Cooper and
B. Longoria absent.
Mayor Neat referred to Item 14, and a motion was made, seconded and passed to open the
public hearing on the following zoning case:
14.
Case No. 1~099-5. Nasser Farahnakian: A change of zoning from an "B-1" Neighborhood
Business District with a "SP" Special Permit to "B-4" General Business District on Surrey
Place Unit 1, Block 25, 0.43 acre out of Lot 3, located on the east side of Kosmryz Road,
approximately 350 feet north of Tiger Lane.
City Secretary Chapa said the Planning Commission and staff recommended denial of the
"B-4" District, and in lieu thereof, approval of a special permit for auto-related uses subject to a site
plan and six conditions. No one appeared in opposition. Mr. Colmenero made a motion to close the
public heating, seconded by Mr. Scott, and passed. Mr. Chapa polled the Council for their votes:
ORDINANCE NO. 023856
Amending the Zoning Ordinance upon application by Nasser Farahnakian, by granting a
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Regular Council Meeting
November 30, 1999
Page 15
Special Permit for auto related uses subject to a site plan and six (6) conditions to 0.43 acre
out of Lot 3, Block 25, Surrey Place Unit 1; amending the zoning map; amending the
Comprehensive Plan to account for any deviations from the existing Comprehensive Plan.
An emergency was declared and the foregoing ordinance passed by the following vote: Neal,
Colmenero, Cooper, Garrett, Gonzales, Kirmison, J. Longoria, and Scott voting "Aye"; B.
Longoria absent.
Mayor Neat referred to Item 15, and a motion was made, seconded and passed to open the
public hearing on the following zoning case:
15.
Case No. 1099-6E. Coym. Rehmet & Gutierrez Engineering: An exception to the standard
screening fence requirement on Bob Lacy' s Business Park, Block 1, Lot 1, located on the east
side of U.S. Highway 77, approximately 900 feet south of Brookhaven Drive.
City Secretary Chapa said the Planning Commission and staff recommended approval of a
wavier along the north property line and the deferral of the standard screening fence requirement
along the south property line until such time as the adjacent property develops with residential uses.
No one appeared in opposition to the zoning change. Ms. Cooper made a motion to close the public
heating, seconded by Mr. Colmenero, and passed. Mr. Chapa polled the Council for their votes:
ORDINANCE NO. 023857
Granting a standard screening fence exception to Coym, Rehmet & Gutierrez Engineering
along the South and North property lines of Lot I, Block 1, Bob Lacy's Business Park.
An emergency was declared and the foregoing ordinance passed by the following vote: Neat,
Colmenero, Cooper, Garrett, GopTales, Kinnison, J. Longoria, and Scott voting "Aye"; B.
Longoria absent.
Mayor Neal opened discussion on Item 16, old Nueces County Courthouse. There were no
comments from the audience. City Secretary Chapa polled the Council for their votes as follows:
16. RESOLUTION NO. 023858
Resolution supporting the Nueces County Commissioner's Court in their effort to regain
ownership of the Old County Courthouse in order to qualify for grant funding under the
statewide Courthouse Preservation Program by authorizing the Court to institute tax
foreclosure proceedings, sell the property, and directing the City Manager to quitclaim the
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Regular Council Meeting
November 30, 1999
Page 16
City's interest in the property to the Court for the mutual public purposes of the City and the
County.
The foregoing resolution passed by the following vote: Neal, Colmenero, Cooper, Garrett,
Gonzales, Kirmison, J. Longoria, and Scott voting "Aye"; B. Longoria absent.
Mayor Neal opened discussion on Item 17, mobile data contract. There were no comments
from the audience. City Secretary Chapa polled the Council for their votes as follows:
17. M99-411
Motion authorizing the City Manager or his designee to execute a contract amendment to the
mobile data contract with Rockwell Collins, Inc. The amendment will cover increased cost
for the mobile data component, the addition of Graphical Used Interface (GUI) software for
public safety dispatching stations, and the addition of an emergency generator at the Violet
radio tower location. The City's share of this additional cost is $159,858.60.
The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett,
Gonzales, Kinnison, J. Longoria, and Scott voting "Aye"; B. Longofia absent.
Mayor Neat opened discussion on Item 18, consolidated emergency dispatch center. There
were no comments from the audience.
Capt. Leonard Scott, Police Department Computer Support, gave a computer presentation
on the status of the consolidated center, which will be a single public safety answering point for all
9-1-1 emergency calls and dispatch functions in Nueces County and the immediate Coastal Bend
area. He said the initial location of the center will be on the fourth floor of the CCPD building and
both the city and the county agree to examine the future development of a center at a separate
location. In addition, county employees in the center will become city employees, and all
participating agencies will share in the cost of operating the center.
Capt. Scott noted that all emergency response agencies in Nueces County, with the exception
of Bishop and Port Aransas police depaxhnents, have the 800 Mhz radio system; in addition, the
CCISD and Portland police departments have purchased equipment and are coming onto the system
in the near future. Many state and federal law enforcement agencies in the area have purchased
mutual aid radios that enable them to communicate with the regional communications system. He
explained that the CCPD and Nueces County Sheriff's Department currently operate on the same
computer-aided dispatching and records management system.
Minutes
Regular Council Meeting
November 30, 1999
Page 17
Capt. Scott said the Police Depamnent Communications Center is comprised of 3,860 square
feet of computer-grade flooring space, which is raised flooring, self-contained air conditioning,
uninterruptable power supply, emergency backup power system, and specialized fire control and
safety security systems. He further explained the current status of the center, the positions involved,
and future growth needs.
He referred to diagrams to discuss plans for expanding the existing center. The cost for Phase
One, including the architect, would be $39,000. Phase Two, to be completed by April 2002, would
take the remaining available computer-grade floor space for a total expansion of over 1,400 square
feet; cost estimates are not yet available. Responding to Mayor Neal, Capt. Scott reiterated that the
Port Aransas Police Department is not a part of the 800 M1E radio system. However, ira call comes
into Corpus Christi's center or the Nueces County Sheriffs DeparUnent, they have the ability to one-
button transfer the call for them to handle it.
Responding to Council Member Garrett, Mr. Garcia pointed out that the contract being
proposed to the Council has some substantial differences from the conlract that was approved by the
Nueces County Commissioners Court. This contract calls for locating the county's dispatch
operation into the city's dispatch facility by April 30, 2000. The question to be resolved is whether
the county will now pay their share of the backbone of the system. Capt. Scott said there are some
personnel issues to be resolved. Mr. Garrett added that he thought the dispatch center should remain
where it is once the renovations are made. Police Chief Alvarez said he agreed, adding that the
county would preferto move into a separate facility. In reply to Council Member Cooper, Capt. Scott
and City Attorney Bray discussed the contract termination provision. City Secretary Chapa polled
the Council for their votes as follows:
18. RESOLUTION NO. 023859
Resolution authorizing the City Manager or his designee to execute an Intefiocal Agreement
with Nueces County to implement a Consolidated Emergency Dispatch Center.
The foregoing resolution passed by the following vote: Neat, Colmenero, Cooper, Garrett,
Gonzales, Kinnison, J. Longoria, and Scott voting "Aye"; B. Longoria absent.
Mayor Neat opened discussion on Item 19, Laguna Madre Wastewater Treatment Plant
improvements. There were no comments from the audience. City Secretary Chapa polled the Council
for their votes as follows:
19.a. M99-412
Motion authorizing the City Manager or his designee to execute a construction contract in
the amount of $1,310,500 with R.S. Black Civil Engineers & Contractors/Machinery &
17
Minutes
Regular Council Meeting
November 30, 1999
Page 18
Materials, Inc., a Joint Venture, for the Laguna Madre Wastewater Treatment Plant biosolids
facilities improvements project.
The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett,
Gonzales, Kinnison, J. Longoria, and Scott voting "Aye"; B. Longoria absent.
19.b. M99--413
Motion authorizing the City Manager or his designee to execute Amendment No. 3 in the
amount of $52,600 to the contract with Goldston Engineering, Inc., for the Laguna Madre
Wastewater Treatment Plant biosolids facilities improvement project to include additional
construction inspection services.
The foregoing motion passed by the following vote: Neat, Colmenero, Cooper, Garrett,
Gonzales, Kinnison, J. Longoria, and Scott voting "Aye"; B. Longoria absent.
Mayor Neat opened discussion on Item 20, airport improvements. There were no comments
from the audience. City Secretary Chapa polled the Council for their votes as follows:
20.a. ORDINANCE NO. 023860
Ordinance appropriating $401,200 in the No. 4621 Airport Passenger Facility Charge (PFC)
Fund for Landside Roadway Improvements; amending the FY 99-00 Capital Improvement
Program (CIP) Budget, adopted by Ordinance No. 023703, by adding $401,200 to the Airport
CIP Program.
An emergency was declared and the foregoing ordinance passed by the following vote: Neat,
Colmenero, Cooper, Garrett, Gonzales, Kirmison, J. Longoria, and Scott voting "Aye"; B.
Longoria absent.
20.b. M99-414
Motion authorizing the City Manager or his designee to execute Amendment No. 2 to the
contract with Russell Veteto Engineering in the amount of $385,000 to provide engineering
services for the Landside Roadway - Entrance Road and Parking Lot Improvements projects
at Corpus Christi International Airport, for a revised total fee not to exceed $508,600.
The foregoing motion passed by the following vote: Neat, Colmenero, Cooper, Garrett,
Gonzales, Kirmison, J. Longoria, and Scott voting "Aye"; B. Longoria absent.
18
Minutes
Regular Council Meeting
November 30, 1999
Page 19
Mayor Neal opened discussion on Item 21, airport improvement bonds. There were no
comments from the audience. Responding to Council Member GopTales, Ms. Bonnie Allin, Aviation
Director, said staff has a presentation planned in December to discuss the renovation plans. City
Secretary Chapa polled the Council for their votes as follows:
21. RESOLUTION NO. 023861
Resolution by the City Council of the City of Corpus Christi, Texas directing the City
Manager to proceed in preparing the necessary documents and taking other measures in
connection with the issuance of General Airport Revenue Bonds to finance improvements
at Corpus Christi Intemationai Airport.
The foregoing resolution passed by the following vote: Neat, Colmenero, Cooper, Garrett,
Gonzales, Kirmison, J. Longoria, and Scott voting "Aye"; B. Longoria absent.
Mayor Neat opened discussion on Item 22, firefighters' collective bargaining agreement.
There were no comments from the audience. City Secretary Chapa polled the Council for their votes:
22. M99-415
Motion authorizing the City Manager to execute amendments to the collective bargaining
agreement with Corpus Christi Firefighters Association as negotiated by City representatives
and ratified by the Association's membership.
The foregoing motion passed by the following vote: Neat, Colmenero, Cooper, Garrett,
Gonzales, Kinnison, J. Longoria, and Scott voting "Aye"; B. Longoria absent.
Mayor Neat opened discussion on Item 23, telecommunications access lines.
City Attomey Bray explained that state statute provides that the industry fees will be assessed
to customers on a per-access line basis. The Public Utility Commission of Texas (PUC) has
established three line categories: Category 1-residential; Category 2-non-residential low capacity;
and Category 3-non-residential high capacity. He said those categories are generally similar to the
city's current franchise with Southwestern Bell. This will result in the following monthly fees:
Category 1-$1.52; Category 2-$3.79; and Category 3-$10.61. Mr. Bray added that the base amount
is subject to the PUC's approval and changes could be made in the future.
There were no comments from the audience. City Secretary Chapa polled the Council for
their votes as follows:
Minutes
Regular Council Meeting
November 30, 1999
Page 20
23.
RESOLUT/ON NO. 023862
Resolution allocating access line categories for cenificated telecomrnunications providers
pursuant to House Bill 1777 adopted by the Seventy-Sixth Texas Legislature.
The foregoing resolution passed by the following vote: Neat, Colmenero, Garrett, Gonzales,
Kinnison, J. Longoria, and Scott voting "Aye"; Cooper and B. Longoria absent.
Mayor Neat announced the two executive sessions, pursuant to Texas Government Code
Section 551.071, regarding the following: City of San Benito et al v. PG&E Gas Transmission,
Texas Corporation et at, No. 96-12-7404-A, 107th District Court, Cameron County, Texas, with
possible discussion and action related thereto in open session; and regarding legal issues related to
Southwestern Bell franchise agreement.
The Council went into closed session. The Council returned from closed session.
City Secretary Chapa read the following proposed resolution. There were no comments from
the audience. City Attorney Bray explained that unless there is a change in the current proposal, the
city will file objections with the court by the deadline of December 9th and they will work toward
opting the city out of the lawsuit. He added that if there are changes, they will come back to the
Council. Mr. Chapa then polled the Council for their votes as follows:
M.1. RESOLUTION NO. 023863
Resolution authorizing the City Manager and City Attorney, in City of San Behito et al v.
PG&E Gas Transmission, Texas Corporation et at, No. 96-12-7404~A, 107th District Court,
Cameron County, Texas, to file objections to the proposed settlement agreement, to opt the
City of Corpus Christi out of the litigation, and to take all other steps as may be necessary
to exclude the City of Corpus Christi from the proposed settlement and preserve the rights
of the City with respect to the subject matter of the litigation.
The foregoing resolution passed by the following vote: Neat, Colmenero, Cooper, Garrett,
Gonzales, Kinnison, J. Longoria, and Scott voting "Aye"; B. Longoria absent.
Mayor Neal called for the City Manager's report. Mr. Garcia asked Mr. John Bacon, Director
of Information Systems, to provide an update on the city's plans for Y2K "day zero." He explained
that staff will be watching how the date change will affect cities throughout the world. He said
several city employees have been designated as Y2K essential employees for the various systems and
they will be conducting tests on those systems and calling in their results.
20
Minutes
Regular Council Meeting
November 30, 1999
Page 21
Mr. Garcia pointed out that the Council has two meetings left in 1999--December 14th and
December 21st. The December 14th meeting is scheduled to begin at 9 a.m. and it will include the
evaluations of the City Manager and the City Secretary, the first reading of the annexation ordinance,
and the public art project. He also referred to the city newsletter containing information about the
"Cash for Trash" program and Y2K preparedness, among other issues.
Mr. Garrett asked if the city owned any street sweepers, and Mr. Garcia said they did not. Mr.
Garrett asked staff to look into the possibility of establishing street sweeping programs similar to
programs the city had in the past. Mr. Garcia said street sweepers are expensive pieces of equipment
and are very high maintenance, but they provide a valuable service to the citizens. He added that the
city currently has a street sweeping contract for the downtown area and major thoroughfares;
residential streets and arterials are not swept.
Mr. Scott expressed concem about missing the April let date for the Ermis Joslin street
project. Mr. Ron Massey, Assistant City Manager for Public Works and Utilities, said city staff has
met twice with TXDOT and the engineering finn to track the proj ect's progress; another meeting is
planned for December.
Dr. Gonzales asked about the situation between the Women's Shelter and the Police
Department. Mr. Garcia replied that he spoke with Chief Alvarez about the correspondence they
received from the Women's Shelter regarding the domestic violence unit. He said he also is
contacting some Women's Shelter board members and director of the shelter in order to resolve it.
Mr. Longoria asked about the format for the evaluation of the City Manager. City Secretary
Chapa said there are forms available and the Council can use them as a basis for discussion or they
can fill them out and turn them in, at which point they will become public record. He added that in
the past, the Council has used both formats. Mr. Chapa said they will send evaluation forms to each
Council member next week.
Ms. Cooper congratulated staff on the opening of the new fire station on Rodd Field Road,
and she noted that Harbor Lights will be held December 4th.
Mr. Colmenero said the roof of the model railroad club on Louisiana Avenue is leaking, and
he commented on traffic accidents occurring at the intersections of Santa Fe and Del Mar and
Alameda and Santa Fe.
There being no further business to come before the Council, Mayor Neal adjourned the
Council meeting at 7:20 p.m. on November 30, 1999.
21
2
a. AIRPORT BOARD - One vacancy with term to 4-04-00.
COMPOSITION SUMMARY
10 members appointed by the City Council for three-year terms. All members shall serve
for three-year staggered terms. Members must be residents of Corpus Christi.
MEMBERS TERM
ORIGINAL
APPTD. DATE
Abel Alonzo 4-04-02 4-27-99
Ramiro Gainboa 4-04-01 4-14-98
Mark Meyer 4-04-00 10-13-98
Jerry Kane 4-04-02 4-27-99
J. E. Rehler 4-04-01 4-14-98
Jorge Rangel 4-04-02 4-27-99
Ed Hicks, Sr. 4-04-00 2-16-99
Liana Go~Ta|es 4-04-00 5-27-97
Chuck CaTalas 4-04-01 4-14-98
Witlard Hammonds, Sr. 4-04-02 4-27-99
* Relocated
OTHER INDIVIDUALS EXPRESSING INTEREST
Robert Broadway
13656 Teague Ln.
(H) 265-0813
(W) 289-6000
Manager of Refmery Services, Valero Refining Co. Attended Del
Mar College and CCSU, majoring in Business Management.
Past President, current member of the Executive Committee
and Board of Governors for the United Way of the Coastal Bend.
Founding Chairman of the Workforce Development Board.
1999 Humanitarian Award recipient from the National Conference
for Community and Justice. (4-2 7-99)
Rodolfo Cantu
6609 Canyon Creek
(H) 854-5018
(W) 883-7201
Community Services Director for Nueces County
CommunityAction Agency, B.A. in Business, Member of
LULAC, United Way Info-line and Project Compass volunteer,
Coastal Bend Council on Alcohol and Drag Abuse volunteer.
(6-23-97)
Doyle Dommert
4625 Schwerin Lake
(H) 853-8043
(W') 844-5714
Manager of Laboratory and Petrochemicals for CITGO Petroleum
Corporation. B.S. from Southem Illinois University, M.S. from
Central Michigan University, Board Member of Corpus Christi
Education Foundation. (6-23-97)
David Hayek
7609 Lake Bolsena
(H) 850-7771
(W) 242-8008
Production Manager for Occidental Chemical Corp., A.A. from
Del Mar College, B.S. in Aerospace engineering from Texas A&I
University, Board Member Padre Soccer League. (7-3-97)
t214.99, Page I 23
Grace M. Gonzalez
5225 Fulwell Dr.
(H) 884-6696
(W) 888-0804
Joseph B. Jessel
62 Lakeshore
(H) 857-6443
(W) 993-6604
Nelda Martinez
330 Cole St.
(H) 888-6707
(W) 985-6336
Dr. Linda D. Morn
74 Lakeshore Dr.
(H) 854-1338
(W) 878-1718
Allan Potter
P. O. Box 3158
(H) 854-0516
(W) 888-8203
Wilson B. Stewart
4521SneadDr.
(H) 853-5156
Gonzalo Tamez
1038 Pyramid
(H) 992-4209
(W) 886-2600
Director of Building Maintenance, Nueces County. MBA, Texas
A & M-CC; B.S. in Civil Engineering, Texas A & M-College
Station. Member of Texas Society of Professional Engineers,
LULAC, Junior League of CC, and Hispanic Women's Network.
Graduate of Leadership Corpus Ckristi, Class XXV. (9-20-99)
President, Jessel Enterprises. Attended the University of Texas in
Austin. Member of Rotary Club, USS Lexington Museum
on the Bay, Coastal Bend Youth City, Dfiscoll Foundation
Children's Hospital. (6-24-97)
President/Escrow Officer, First American Closing Office. B.A.,
University of Texas at Austin. Serves as Board Chair for South
Texas Public Broadcasting System, Inc. Memberof Executive
Board of Greater C.C. Business Alliance, Hispanic Women's
Network. Voted Hispanic Business Woman of the Year by
Women's GI Forum. (11-03-99)
Principal for Chula Vista Academy of Fine Arts, B.S. from
University of Texas in Austin, MS from Texas A&I University,
Ed.D. from Texas A&I University, President of Corpus Christi
Principals and Supervisors Association, Member of CPP,
Leadership Development Committee, State Board of
Speech/Language Pathologist & Audiologist, State Board of Texas
Bar Exams, Board of Governors for the United Way. (6-19-97)
Attorney-at-Law, Self-employed. B.A., Baylor University; J.D.,
Baylor Law School. Member of Texas Bar Association, C.C. Bar
Association, Airplane & Pilots Owners Association, National
Business Air Association. Holds an Aircraft Pilot License (Multi-
Engine & Single Engine Commercial). (4-23-99)
Retired, Federal Aviation Administration. B.S. in Business
Management. Served as Air Traffic Manager at the C.C. Inter*
national Airport and Air Traffic HUB Manager for South Texas
(Harlingen, Brownsville and McAllen). Previously served on
Airport Advisory Board from 6/95 to 4/98. (5-07-99)
Lieutenant, Corpus Christi Police Department, A.A. from Del Mar
College, B.A. from Corpus Christi State University, M.A. from
Corpus Christi State University, Real Estate Brokers License from
the State of Texas, Member of LULAC, served as president for
three terms, served as vice-president for two terms, and trustee for
two terms. (2-15-99)
1214.99, Page 2
24
OIL & GAS ADVISORY COMMITTEE - Two vacancies with terms to 12-31-02, one
representing the General Public and the other representing the Oil Industry. (Appointed
by the Mayor with approval of the CounciL)
COMPOSITION SUMMARY
Eight persons who are residents of Corpus Christi: 3 members from the oil and gas well
industry; 3 members from the general public who are not connected with the oil and gas
well industry; and 2 alternates: 1 from the general public to serve in the absence of a
public members, and 1 from the industry to serve whenever an industry member is absent.
Public members shall be appointed by the Mayor with approval of the Council; industry
members shall be appointed by the Mayor with approval of the Council from those
persons nominated by the oil and gas well industry. Members are appointed for 3-year
terms ending December 31, and may succeed themselves. Meetings are called by the
Chairman or any 3 members of the Committee within specified time limits. Four members
constitute a quorum. The committee annually elects its own chairman and vice chairman.
Members receive no compensation for their services.
ORIGINAL
MEMBERS TERM APPTD. DATE
Jerry Dewbre (Oil Industry)
Claude D'Unger (General Public)
Charles West (General Public)
Sharon Johnson (Oil Industry)
Howard E. Fels (General Public)
Don Kersting (Oil Industry)
Harry Corer (AIr, General Public)
Charles Jacobs (Alt, Oil Industry)
12-31-00 12-23-97
12-31-01 2-16-99
12-31-99 1-7-97
12-31-01 4-14-98
12-31-00 12-13-94
12-31-99 1-7-97
12-31-01 1-7-97
12-31-01 2-16-99
ATTENDANCE RATE OF MEMBERS INTERESTED IN REAPPOINTMENT
NAME
NO. OF MTGS. NO.
THIS TERM PRESENT
% OF ATTEND.
LAST TERM YR.
Charles West (General Public)
Don Kersting (Oil Industry)
3 2 67%
3 3 100%
OTHER INDIVIDUALS EXPRESSING INTEREST
Oscar Aldama
14841 Red River
(H) 884-3991
(VO 387-6389
President, Obsidian Services, Inc. B.S., Chemical & Natural Gas
Engineering, Texas A&I University. (12-24-97) (OilIndustry)
1214.99, Page 3
25
Don Boyd
250 Cape May
(H)991-8802
(W)883-1222
James Collins
754 Bradshaw
(H) 992-0082
(W) 882-4404
Vernon Hale
7430 Lake Como Dr.
(H)850-9587
Steven Hays
1766 Star Cove
(H) 991-6588
(W) 844-5713
Charles Jacobs
926 Hemdon
(H) 855-1259
(W)882-7667
Joe Ortiz
3718 Mendenhall
(H) 855-1925
(W) 852-8874
President/Owner, Texan Drilling Company, Inc. A.A., Tyler
Junior College; B.S., Geology, The University of Texas at
Austin; M.S., Geology, Louisiana State University at Baton Rouge.
Member of Society of Independent Professional Earth Scientist,
Mid-Continent Oil and Gas Association, and the South Texas
Geological Society. (2-03-98) (Oil Industry)
Oil Operator & Geologist. B.S., Geology, University of Texas.
Member of Corpus Christi Geological Society. (6-26-97)
(Oil Industry)
Retired as Drilling Manager from Sun Oil Company, B.B.A. from
Texas A&I University, 45 years experience in oil and Gas
Production and Drilling. (1-21-99)
Area Superintendent, CITGO. B.A., Chemical Engineering,
Georgia Institute of Technology. Member of Boys Scouts.
(7-14-97) (Oil Industry)
President/Owner of Jacobs Petroleum Engineering, BS from A&M
College Station, Commander of Corpus Christi Chapter of Military
Order of World Wars, Director of local SPE., Kiwanis, Vice-
President of Retired Officers Association, Member of South Texas
Geological Society. (4-9-98) (Oil Industry)
Self-Employed, Superior Designers. Artended Del Mar College.
Member of LULAC, American GI Forum, Mexican American
Democrats, Tejano Democrats, Builders Association, NAACP and
American Building Institute. (6-24-97)
1214.99, Page 4
26
c. PLANNING COMMISSION - One vacancy with term to 7-3 1-0 1.
COMPOSITION SUMMARY
Nine members appointed by the City Council for three-year terms to prepare and amend a
master plan for the physical development of the City, review and recommend capital
improvements and changes in zoning. Members shall be registered voters of the City.
MEMBERS TERM
ORIGINAL
APPTD. DATE
Shirley Mims 7-31-02
B err Quintanilla, Chairman 7-31-01
Danny Noyola 7-31-00
Ron Guzman, Vice-Chairman 7-31-00
David Be~anga 7-31-02
David Underbrink 7-31-00
William Kelly 7-31-01
Elizabeth Chu Richter 7-31-01
L. Brooke Sween-McGloin 7-31-02
7-13-99
8-13-96
7-12-94
7-08-97
7-13-99
7-08-97
1-26-99
8-11-98
7-09-96
* Resigned
OTHER INDMDUALS EXPRESSING INTEREST
Neill F. Amsler
14726 Santa Gertmdis
(H) 387-8050
President, A1 Hogan Builder, Inc., BS from Miami University,
Board Member of "Making the Grade" school program, Victoria
Tech Prep, and Calhoun Victoria Foreign Trade Zone. Various
single purpose committees, i.e.: Long Range Planning Committee
of the Golden Crescent Regional Planning Commission, Victoria
Chamber of Commerce, and Transportation Committee. (6-30-98)
W. David Cheek
4617 Cobblestone
(H) 857-0504
(W) 992-5555
President/Owner, David Cheek Appraisal Service. B.S., Southwest
Texas State University. Member of Corpus Christi Executives,
Corpus Christi Association of Realtors, and South Texas Chapter
Appraisal Institute. (12-10-99)
Brent Chesney
4600 Ocean Drive, #404
(H) 851-8602
(W) 882-8602
Attorney. B.S., J.D., South Texas College of Law. Member of
Gypsy Park and Volunteer for the Alzheimer's Association.
(11-18-99)
1214.99, Page 5
27
James Gold~on
210 Lo~ne
(H)852-0453
(W)888-8011
Roland Gue~a
302 Foster
(H) 887-0322
(W) 854-9088
Willard HammondsII
4025 OceanDr.
(H)855-0526
(W)851-0811
John Martinez
5330 Bromley
(H)993-5551
(W)693-8500
Taylor Mauck
417 Catalina
(H)855-9145
(W)949-8723
AngeloMiller
1021 Samtn
(H) 882-8126
(W) 814-5466
Terry Off
3725 Aransas
(H) 857-8718
(W)299-2757
Chairman of the Board, Goldston Engineering. B.S. in Civil
Engineering, Texas A&M University - College Station. Board
Member, Member of Asian Cultures Museum and Educational
Center, Corpus Christi Rotary Club, President's Council Texas
A&M - Corpus Christi, Navy League, Texas Transportation
Institute at Texas A&M University - College Station. (Currently
serving on Electrical Advisory Committee - will resign if
appointed) (12-22-98)
Vice-President, Commercial Lending - Pacific Southwest Bank.
B .B .A. in Finance, Corpus Christi State University. Past President
of Food Bank Board of Directors, Member of Southside Rotary,
Spohn Memorial Diabetes Interdisciplinary Advisory Board.
Volunteer for KEDT, Texas Special Olympics. (1-21-99)
President, Apartment & Commemial Services, Inc., B.B.A. from
Texas A&M University at College Station, Past member of Corpus
Christi Apartment Association, At Large Texas Apartment
Association, Drainage Utility Ad Hoe Committee, and the Mayors
Coalition Against Crime Prevention (TCAP). Currently serving on
Stormwater Management Advisory Committee - will resign if
appointed. (8-11-97)
Attomey, The Kleberg Law Firm. B.S., Political Science, Texas
A&M University-College Station; J.D., Baylor University School
of Law. Member of State Bar of Texas, C.C.-Bar Association,
C.C. Young Lawyer's Association, Leadership CC, Hispanic
Chamber of Commerce and Image de Corpus Christi. (12-09-99)
Project Manager/Architect for Island Architects, Degrees from
University of Houston and University of San Antonio. Member of
American Institute of Architects and Texas Society of Architects.
(3-24-98)
The Limo Company. Artended San Francisco College. (5-05-98)
Owner, ArchitecTKO. A.S., E1 Paso Community College, B.S.,
Regis College. Member of Texas Society of Architects, American
Institute of Architects. (Currently serving on the Landmark
Commission but will resign if appointed to the Planning
Commission) (6-25-99)
1214.99, Page 6
28
Joe O~iz
3718Mendenhall
(H) 855-1925
(W) 852-8874
Eloy Salazar
8206 Campodolcino
(H)991-2407
(W) 814-3836
Owner, Superior Designers. Attended Del Mar College. Member
of LULAC, American GI Forum, Mexican-American Democrats,
Tejano Democrats. Received award for Who' s Who in Building &
Designing. (5-12-97)
Real Estate Investor. A.A., Business Administration. Member of
Hispanic Chamber of Commerce. (Currently serving on the Board
of Adjustment, but will resign if appointed to the Planning
Commission) (6-18-97)
Raul To~es
1505 Cambridge
(H) SSl-0ISl
(W) 883-7201
Self-employed, CPA. B.B.A., M.B.A., Texas A&M University -
Corpus Christi. Member of Texas Society of CPA's and American
Management Association. (6-06-97)
I214.99, Page 7
29
d. SISTER CITY COMMITTEE - One vacancy with term to 9-02.
COMPOSITION:
Twenty-one members, who shall be broadly representative of the racial, religious and
ethnic groups in the community. The members shall be appointed by the City Council
and shall serve three-year terms or until their successors are appointed and qualified. The
Steering Committee shall be responsible for the overall administration and
implementation of the City's Sister City program. The Chairman and each vice-chairman
shall be elected by majority vote of the Sister City Committee annually. If the General
Chairman is absent, a Vice Chairman shall be elected from the committee to serve as
General Chairman during his/her absence.
ORIGINAL
MEMBERS TERM APPTD. DATE
Johnnie Marie Norman 9-01 9-28-99
Kathryn Barth 9-02 9-28-99
Blanca Becerra 9-02 9-28-99
Lucy Rein, Chairman 9-02 9-10-96
Yalee Shih 9-02 10-21-97
Gary Hansen 9-01 9-10-96
Vacant 9-02
Rachel Gonzalez 9-01 1-23-96
Sue Dulaney 9-01 9-8-98
Alexander Heatherley 9-01 9-28-99
Toni Lucario 9-02 10-13-98
Rose Gunji 9-01 9-09-97
Elizabeth Iglesias 9-01 12-12-95
Joe Garcia 9-01 5-25-93
Sophia Hemandez 9-02 9-28-99
Mary J. Saenz 9-00 1-14-92
Charles Tamez 9-00 9-8-98
Rodolfo Delgado 9-00 1 - 14-92
Elida GopT-q lez 9-00 9-14-93
Miguel Rendon 9-00 9-13-94
Ramon Lopez 9-00 2-11-92
On October 12, 1999, Council appoimed Edna Brown to replace Rafael Carrizo.
However, Ms. Brown later indicated that she could not accept the appointment.
OTHER INDIVIDUALS EXPRESSING INTEREST
Albert Allen
2802 Bretshim
(H) 993-2802
(W) 855-6182
Currently owns and operates Cissy's Flower Shop. Retired: Assistant
Chief, Fire Department. High school graduate. Would like the opportunity
to learn about Chinese culture. (9-17-99)
1214.99, Page 8
30
Regis Barber
13922 Dasmarinas
(H) 949-6985
Dine Combs
410 Colony
(H) 991-8991
(W) 857-2600
Marvin Davis
523Aifiine
(H) 994-7811
(VO855-6992
RaquelMad~gal
3002 Churchill
(H) 883-0449
(W)888-0385
President and CEO, South Texas Lighthouse for the Blind.
Member of Lighthouse Industries for the Blind of Texas,
West Corpus Christi Rotary Club, New Orlean~ Sister City
Association, New Orleans Japanese Garden Society, Two
Cities metropolitan Health Council and Minnesota Japanese
School. (9-03-97)
Owner, Ken Combs Realtors. B.A., Political Science; MSE in
Adult Education, MBA in Management. Member of C.C. Board of
Realtors, Texas Association of Realtors, National Association of
Realtors, Asian Cultures Museum, Leadership Corpus Christi,
March of Dimes, South Texas Homeport Housing Task Fome and
past member of the Sister City Committee. (12-02-99)
President, Marvin's Chevron Service Center, Inc. High
School graduate; 3¼ years seminary; one year Los Angeles
City College, Automotive Tech School. Served four years
in the U.S. Navy. Worked 12 years as a bush pilot and
missionary in Mexico. Has thirty years experience in auto
service and repair. (9-17-99)
Administrative Assistant, Nueces County Clerk's Office.
Associate's degree in Applied Science and Bachelor of
Science. Serves on Nueces County Dispute Resolution
Board. Recognized for 199 mediations. (8-18-99)
Danielle Solis
4445 Cedar Pass
(H) 850-8926
Robert Vaughn
4151Crenshaw
(H) 854-2636
(W) Same
LamarYnostroza
3707 LibertyDrive
(H)884-3161
(W)gg2-6191
Speech/Language Pathologist, Wynn Seale Middle School. B.S.
in Speech Pathology, B.S. in Psychology and Master's in Curri-
culum and Instruction. Member of Coastal Bend Speech and
Hearing Association, Miller High School PTA (Secretary). Her
daughter participated in the program in 1999 - Keelung,
Talwan. (9-17-99)
Self-employed. B.S. in Computer Science. Received recognition
from Mayor Mary Rhodes. Believes City should become more
educated with other cultures. (9-15-99)
B.S., Texas A&M University in Corpus Christi. Member of
American GI Forum, Westside Business Association and
Bay Area Female Executives. (9-8-97)
1214.99, Page 9
31
3
COUNCH~ MEMORANDUM
RECOMMENDATION: Motion approving a supply agreement with Tridem Steel Corp.,
Houston, Texas for approximately 55,800 feet of steel pipe ranging in size from 1" to 8" in
accordance with Bid Invitation No. BI-0030-00, based on the total low bid of $167,710. The pipe
is used by the Gas Department in new and replacement installations throughout the gas
distribution system. The tam of the contract will be twelve months with 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 in FY 99-2000.
The Gas deparm~eut will use the pipe for the construction and
maintenance of the natural gas distribution system.
The 1" pipe will be coated, wrapped and delivered to the City's
Warehouse, as required. The 2" and larger pipe will be delivered to
a local pipe coater's yard, in quantity lots of 2000 feet, where it
will be coated, wrapped and stored until needed by the City.
Previous Coreract:
The option to extend the current contract was not exercised due to
the vendor's inability to obtain a firm pricing commitment from the
Bid Invitations Issued:
13
Bids Received:
6
Pricing Analysis:
Pricing has increased approximately 8% since the last contract of
1998. According to the vendor, the increase is partially due to a
rising steel market. A price analysis conducted on steel reflects a
rising market.
Award Basis:
Total Low Bid. Trident Steel Corp., Houston, Texas submitted an
all or none bid. Pipe Exchange Inc., Houston, Texas submitted the
low bid for line item 2.3, six-inch pipe. However, when Trident's
total low bid is compared to the line item second low bids,
Trident's bid'i~ low by $2,218.
Funding:
Warehouse Inventory $7,000
1" pipe
Gas Department
520160-4130-34130
2"-8" pipe
161,000
Acting Director, Materials Management
Total: $168,000
33
BID INVITATION: BI -0030-00
Steel Pipe
BUYER: Michael Barrera
11)
CITY OF CORPUS CHRISTI
PURCHASING DEPARTMENT
BID TABULATION
1
ITEM DESCRIPTION
Quantity Unit
Trident Steel Corp
Houston, Tx
Each Total
Pipe Exchange, Inc
Houston, Tx
Each Total
Texas Pipe and Supply
Corpus Chris0, TX
Each Total
Wilson Supply
Houston, Tx
Each Tonal
Pioneer Pipe
Denver, Colorado
Each Total
Dixie Pipe Sales, Inc.
Houston, Tx
Each Total
1
Plpe delivered to warehouse
1" x .133 wall
4,800 ft
51.45
$8,980.00
51.81
38,888.00
$1.10
55,280.00
51.45
56,980.00
52.05
39,840.00
$2.24
310,752.00
Pipe delivered to pipe casters yard
2.1
2" x.154 wall
8.000 8
1.35
8,100.00
1.44
8,640.00
1.46
8,780.00
1.65
9,900.00
1.92
11,520.00
1.75
10,500.00
' 2.2
4" x.154 wall
15,000 ft
2.37
35,550.00
2.49
37,350.00
2.82
39,300.00
2.75
41,250.00
3.20
48,000.00
4.69
70,350.00
2.3
8" x.158 wall
25,000 8
3.69
92,250.00
3.59
(2)
89,750.00
3.81
95,250.00
3.80
95,000.00
4.00
100,000.00
8.05
201,250.00
2.4
8" x.188 well
5,000 8
4.97
24,850.00
5.10
25,500.00
5.78
28,800.00
5.70
28,500.00
5.91
29,550.00
11.96
59,800.00
$167,710.00
(1) Bidding "ALL or None"
3169,928.00
5177,390.00
$181,010.00
(2) Pipe Exchange Inc, Houston Texas submitted the low bld for line Item 2.3, 6" pipe. However, when Trident Steel's total lav bid Is compared to
the line hem second lav bids, Trident Steel's bid is lav by 52.218.
5198,910.00
5352,652.00
4
AGENDA MEMORANDUM
December 6, 1999
SUBJECT: O. N. STEVENS WATER TREATMENT PLANT ON-GOING PUMP MAINTENANCE
PROGRAM FY 99-00 (PROJECT #8322)
AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute a
construction contract with C. D. Electric of Corpus Christi, Texas in the amount of
$180,100 for the O. N. Stevens Water Treatment Plant On-Going Pump Maintenance
Program FY99-00.
ISSUE: The On-Going Pump Maintenance Program is necessary to provide the
scheduled annual repair and preventive maintenance of specific pumping units located
at the Water Production Facilities and throughout the Water Distribution System.
FundinQ: Funds for this project were included in the Water Department's FY99-O0
Operating Budget (see Exhibit "D").
Water Superintendent
Director of Engineering Services
Attachments:
Exhibit A: Background Information
Exhibit B: Location Map
Exhibit C: Bid Tab Summary
Exhibit D: Proposed Budget
O. N. Stevef is Water Treatmellt Plant On-GoinQ PUmD Maintenance RroQram FY 99-00
H:~HOME~SHELBY~GEN~AG99~WATER~ONS%8322.M
BACKGROUNDINFORMATION
SUBJECT: O. N. Stevens Water Treatment Plant On-Going Pump Maintenance
Program FY 99-00 (Project t~322)..
Prior Council Action: July 20, 1999 - Adoption of the FY99-00 Operating Budget (Ord.
023702), which included $300,000 for this project.
Project Description: The On-Going Pump Maintenance Program is an annual program
that assures water system reliability through implementation of a planned maintenance
schedule of essential pumping units located throughout the water system. This project
consists of the rehabilitation of raw water and high service pumps, reconditioning of motor
units, and required ceffi~cations and testing. The units being rehabilitated are located at
the O. N. Stevens Water Treatment Plant (ONSWTP) and the Stevens River Station.
Specific pumping units scheduled for repair that are used to convey raw water from the
Nueces River to the ONSWTP to undergo the treatment process include the following:
Raw Water Pump No. 4 located at the Stevens Plant River Pump Station No. 1; and
Raw Water Pump No. 8 located at the Stevens Plant River Pump Station No. 2.
Other pumping units scheduled to receive maintenance that are used to pump the finished
water from the ONSWTP to customers located throughout the distribution syst,em include
the following:
Hi-Service Pump No. 1 located at ONSWTP Hi-Service Building No. 1;
Hi-Service Pump No. 2 located at ONSW'FP Hi-Service Building No. 1;
Hi-Service Pump No. 3 located at ONSWTP Hi-Service Building No. 1; and
Hi-Service Pump No. 8 located at ONSWTP Hi-Service Building No. 2.
Bid Information: The project was bid as a Base Bid only. The City received three
proposals on November 10, 1999, with bids ranging from $180,100 to $221,220. C.D.
Electric of Corpus Christi, Texas submitted the lowest responsive total base bid of
$180,100. The engineer's estimate was $260,000.
Bid Recommendation: The principals and employees ofC, D. Electric are experienced
with projects of this nature and have successfully completed similar projects for the City.
Staff recommends award of the construction contract to C. D. Electric in the amount of
$180,100.
Contract Terms: It is proposed that the project be completed within 80 working days,
with completion anticipated in April 2000.
H:\HOMEXMIKES\GENXWATER\ONS\8322X8322.BKG
EXHIBIT A
Page 1 of 1
\ Mproject \ councfiexhibits \ exh8322. dwg
I STEVENS PLANT RIVER PUMP STATION J
13701 SMITH DRIVE
RIVER
624
O.N. STEVENS WATER
TREATMENT PLANT
NUECES BAY
N
HWY 44
~" 37 CHR/ST/
AGNES
LOCATION MAP
NOT TO SCALE
BUII,~NG No. 1
ELECT. BLDG.
PIPE CLEANING
/,.-- STATION
N
BUILDING No, 2
PLAN VIEW
STEVENS PLANT RIVER STATION
NOT TO SCALE
UP R1WZR RGe~
BUILDING No. 2
PLAN VIEW
O.N. STEVENS WATER TREATMENT PLANT
NOT TO SCALE
CIP PROJECT # 8322
O.N. Stevens W. T. Plant
On-Golng Pump Malntenance PPogPam
FY 1999-2000
CI~ OF CORPUS CHRISt, ~XAS ~7
EXH_TBZT "B"
CITY COUNCIL EXHIBIT ~'
DEPARTMENT OF' ENGINEERING SERVICES
PAGE: I Of 1
DATE: 12/6/99 ~
TABULATION O9 BIDS
DEPARTMENT OF ENGINEERING - CITY OF CORPUS CHRISTI, TEXAS
TAEULRTED EY. Angel R.Eeoobar, P.R., Director of Engineering Services
DA17, Netsidey, NoYamber 10, 1999 TINE OP COMPLETION, 80 Norking Days
Page 1 of 2
ENOINEEE'S ESTIMATE, $260,000
0
w
110m
0
rh
N
,.3„ 1181HX3
O.N.STBVENS WATER TREATMENT
ON-GOING PUMP MAINTENANCE PROGRAM
FY 1999-2000 - PRO/. 98322
PLANT
C -D Electric
617 High
C.C.,
Starr
TX 78408
. Quality Machine &
Equipment Co.
P.O. Box 10039
C.C., TX 78460-0039
Electric Motor Rewind
Inc.
P.O. Box 5335
C.C., TX 78465
DESCRIPTION
QTY.
UNIT
SNIT PRICE
AMOUNT
UNIT PRICE
AMOUNT
SNIT PRICE
AMOUNT
UNIT PRICE
AMOUNT
Item
A
Item
B
m
Item
C
Item
0
Recondition the pump unit,
and recondition the motor
unit for Raw Nater Pump 94,
located at the Stevens
River Station, Raw Water
Pump Building M1
Recondition the pump unit,
and recondition the motor
unit for Raw Nater Pump 98,
located at the Stevens
River Station, Raw Water
Pump Building 02
Recondition the pump unit,
recondition the motor unit
for High Service Pump 01,
located at the 0.N.Stevens
Water Treatment Plant, High
Service Pump building 01
Recondition the pump unit,
for High Service Pump 92,
located at the O.N. Stevens
Water Treatment Plant, High
Service Pump Building 01
1
1
1
1
LS
LS
LS
LS
$30,500.00
$24,550.00
$30,500.00
$23,000.00
$34,959.00
$19,809.00
$33,780.00
$22,811.00
$40,731.00
$19,925.00
$40,026.00
$27,373.00
0.00
0.00
0.00
0.00
0
w
110m
0
rh
N
,.3„ 1181HX3
TABULATION OP BIDS
DEPARTMENT OF INOINEIRINO - CITT OF CORPUS CHRISTI, TEXAS
TABULAR= BTt Angel R.Isaobsr, P.R., Director of Ingineering Services
DAT/, Wednesday, November 10, 1999 TIHI OF COMPLETION, E0 Working Days
Page 2 of 2
ENOINEER,8 ESTIMATE, $260,000
Z 3o z 92Ea
«0» 1I81HX3
O.N.STEVEN9 WATER TREATMENT
ON-GOING PUMP MAINTENANCE PROGRAM
FY 1999-2000 - PROJ. 08322
PLANT
C -D Electric
617 High Starr
C.C., TX 78408
Quality Machine 4
Equipment Ca.
P.O. Box 10039
C.C., TX 78460-0039
Electric Motor Rewind
Inc.
P.O. Box 5335
C.C., TX 78465
DESCRIPTION
QTY.
UNIT
UNIT PAIGE
AMOUNT
UNIT PRICE
AMOUNT
UNIT PRICE
AMOUNT
UNIT PRICR
AMOUNT
Item
E
Item
u.F
tD
Item
0
Recondition the pump unit,
end recondition the motor -
unit for High Service Pump
83, located at the 0.N.
Stevens Water Treatment
Plant, High Service Pump
Building 91
Recondition the motor unit
for High Service Pump $6,
located at the 0.N.Stevens
Water Treatment Plant, Nigh
Service Pump Building 02
Recondition the pump unit,
and recondition the motor
unit for Raw Water Pump 02,
located at the Stevens
River Station, Raw Water
Pump Building No. 1
TOTAL BABE DID,
1
1
I
LS
LS
LS
$30,500.00
$]0,550.00
$30,500.00
$180,100.00
$33,780.00
$10,747.00
$34,959.00
0190,845.00
$40,026.00
$12,778.00
$40,341.00
$221, 20D.00
0.00
0.00
0.00
0.00
Z 3o z 92Ea
«0» 1I81HX3
12/06/99 10:53:50 AM
PROPOSEDBUDGET
COST OF PROPOSED PROJECT AND SOURCES OF FUNDS
O.N. STEVENS WATER TREATMENT PLANT:
ON-GOING PUMP MAINTENANCE PROGRAM FY 99-00
November 1999
Project No. 8322
FUNDS AVAILABLE:
Water Department FY 99-00 Operating Budget
TOTAL .......................................................................................................
FUNDS REQUIRED:
Construction Contract (C. D. Electric) ......................................................
Contingency (10% of Construction) ..........................................................
Construction Inspection .............................................................................
Engineering Consultant (Electric Motor Repair Inspection - Turner) .......
Engineering liaison and In-house SeNices ..............................................
Testing ........................................................................................................
Administrative Reimbursements ...............................................................
Printing, Advertising, FedEx, etc ................................................................
TOTAL .......................................................................................................
Proposed
Budqet
$242,500
$242,500
$180,100
18,010
9,000
14,895
5,705
5,290
6,000
3,500
$242,500
40
Exhibit "D°'
Page 1 of~
5
AGENDA MEMORANDUM
November 23, 1999
SUBJECT: PADRE ISLAND PUMPING PLANT CONTROL 'AND MONITORING SYSTEM
INSTALLATION - FY99-O0 (PROJECT# 8299).
AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute a
construction contract in the amount of $54,490 with Rabalais Electrical Constructors of
Corpus Christi, Texas for the Padre Island Pumping Plant Control and Monitoring System
Installation.
ISSUE: The Padre Island Pumping Plant presently requires manual operation.
Installation of remote control and monitoring equipment will greatly improve efficiency of
the daily operations.
FUNDING: Funds for this project are available from the FY 99-00 Water Department
Operating Budget (see Exhibit "D").
RECOMMENDATION: Approval of the motion as presented.
Eduardo Gara~a, P. E.
Water Superintendent
'~lR./Escobar, P.E.
Director of Engineering Services
ADDITIONAL ,~UPPORT MATERIAL
Exhibit A: Background Information
Exhibit B: Localion Map
Exhibit C: Bid Tab Summan/
Exhibit D: Proposed Budget
Padre Island Pumping Plant Contrd and Monitoring System Installation
H:~HOMBSHELBY~GEN~AG99\WATER~PMP-PLNT~PADRE~8299.M
41
AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMATION
SUBJECT: Padre Island Pumping Plant Control and Monitoring System Installation
FY99-00 (Project #8299)
PRIOR COUNCIL ACTION: July 20. 1999 - Approval of the FY99-O0 Operating Budget,
(Ord. No. 023702).
PROJECT:
Project Backaround: The Padre Island Pumping Plant is a manually-operated system
that must be monitored regularly. Personnel must be dispatched to the facility several
times each week to make routine inspections, operate pumps and valves, and perform
maintenance. Regular operation of the pumps and valves is required to maintain adequate
levels of disinfection residual in the on-site water storage tanks.
The Water Department's three other pump stations (Savage Lane, Holly Road, and
Caldwell) are all equipped with remote control features that allow personnel located at the
O.N. Stevens Plant (ONS) to control and monitor the status of each of these facilities.
Adding remote control and monitoring capabilities to the Padre Island Pumping Plant will
improve efficiency of the daily operations.
Project Description: This project consists of replacing existing pump controls with a new
Remote Terminal Unit control system, installing associated instrumentation, and modifying
the City's Supervisory Control and Data Acquisition (SCADA) system at ONS.
Bid Information: The City received four bids on November 17, 1999 ranging from
$54,490 to $62,478. The engineers estimate was $60,000. Rabalais Electrical
Constructors of Corpus Christi, Texas submitted the lowest responsive total bid.
Bid Recommendation: The principals and employees of Rabalais Electricel Constructors
are experienced with projects of this nature. They have successfully completed similar
projects for the City. Both City staff and the City's consultant, BHP Engineering &
Construction, Inc., recommend that Rabalais Electrical Constructors be awarded the
construction contract in the amount of $54,490.
Contract Terms: The contract is to be completed within 120 calendar days, with
completion anticipated in April 2000.
Padre Isiand Pumping Plant Control and Monitoring System Installation
H:~HOME~SHELBY~GEN~AG99~WATER%PMP-PLNT~PADRE~829g,BKG
42
j EXHIBIT A J
Page I or I
\ Mproject \ co un cilexh {bits \ exh8299. dwg
IPADRE ISLAND PUMPING PLANTI
14201 SAND DOLLAR DRIVE
N
Nuece~ County
F.IL 43
CORPUS.CHRIST7 BAY
CZP PROJECT No. 8299
L OCA TZ ON MAP
NOT TO SCALE
EXHIBIT "B"
Padre Island Pumping Plant Control
and Monitoring System Installation
43
CITY OF CORPUS CHRISTI. T~XAS
CITY COUNCIL EXHIBIT
DEPARTMENT OF ENGINEERING SERtqCES
PAGE: I Of 1
DATE: 12/07/99
TABULATION OP BIDE
DEPARTMENT OF ENGINEERING - CITY OF CORPUS CHRISTI, TEXAS
TABULATED BY: Angel R.Eecobar, P.E., Director of Engineering Services
DATE, Wednesday, November 17, 1999 TIME OF COMPLETION, 120 Calendar Days
Page 1 of 1
ENGINEER'S ESTIMATE, $60,000
Water Distribution System: Padre Island Pumping
Plant Control and Monitoring System
Installation FY 98-99
Project No. 8299
Rabelais Electric
P.O. Box 10366
CC, TX 78460
Prime Technology
Solutions, LLC
505 Loire Ste. N
Lafayette, LA 70507
N. R. Johnston Electric
4717 Weetway
CC, TX 78469
C. W. Campbell
802 Cantwell Lane
CC, TX 78408
BID
BID
ITEM
-r-
DESCRIPTION
QTY.
UNIT
UNIT PRICE
AMOUNT
UNIT PRICE
AMOUNT
UNIT PRICE
AMOUNT
UNIT PRICE
AMOUNT
A
B
Replace existing pump
controls with new MOSCAD RTU
control system, install
associated instrumentation,
and modify City's SCADA
syatem at the 0.N. Stevens
Water Treatment Plant in
accordance with the plane,
specifications and contract
documents, complete in place
per lump sum.
SCADA Documentation:
Provide SCADA and
instrument documentation
(instrument Index, Loop
sheets, SCADA
architecture, Instrument
Data sheets, SCADA
hardware data eheete, I/O
data sheets, and PIDs)
complete in place per lump
cum.
TOTAL BASE BID,
1
1
LS
LS
52,690.00
1,800.00
$54,490.00
52,570.00
3,000.00
$55,570.00
38,005.00
18,000.00
$56,005.00
46,478.00
16,000.00
97,478.00
N
U]
co
,.O„ iI9IHX3
Project No. 8299
PROPOSED BUDGET
PADRE ISLAND PUMPING PLANT
CONTROL & MONITORING SYSTEM INSTALLATION
FY 1999-2000
1999-2000 Water Operating Budget (530000-4010-31500) ................... L ..........
Total Funds ..........................................................................................
FUNDS
AVAILABLE
$80,000
$80,000
PROPOSED
FUNDS REQUIRED:
Total Construction Cost (Rabalais Electrical)
Contingency (10% of Construction)
Construction Inspection
Engineering Design (Bath Engineering)
Engineering Liason
Administrative Reimbursements
Printing, Advertising, FedEx, etc.
S54,490
5,449
1,635
14,688
1,838
900
1,000
TOTAL
$80,000
prelimbud.8299.xls
45
EXHIBIT "D"
Page 1 of 1
6
AGENDA MEMORANDUM
December 6, 1999
SUBJECT: WATERDISTRIBUTIONSYSTEM:REMOTEWATERQ~JAUTYMONITORINGRETROFIT
FY99-00 (PROJECT#8323)
AGEN DA ITEM: Motion authorizing the City Manager, or his designee, to execute a
construction contract in the amount of $26,093 with Rabalais Electrical Constructors of
Corpus Christi, Texas for the Water Distribution System: Remote Water Quality Monitoring
Retrofit project.
ISSUE: The existing water quality monitoring equipment has been in service throughout
the distribution system for several years and is in need of substantial rehabilitation to
continue accurate production of the required information.
FUNDING: Funds for this project are available from the FY99-00 Water Department
Operating Budget (see Exibit "D").
RECOMMENDATION: Approval of the motion as presented.
Eduardo Gara~a, P. E.
Water Superintendent
Director of Engineering Services
ADDITIONAL BUPPORT MATERIAL
Exhibit A: Background Information
Exhibit B: L0calion Map
Exhibit C: Bid Tab Summary
Exhibit D: Proposed Budget
Remote Water Quality Monitoring Retrofit
H:%HOME~SHELBY~GEN~AG99\WATER",DISTRIBU',8323.M
47
AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMATION
SUBJECT: Water Distribution System: Remote Water Quality Monitoring Retrofit, FY99-
00 (Project ~8323)
PRIOR COUNCIL ACTION: July 20, 1999 - Approval of the FY99-00 Operating Budget,
(Ord. No. 023702).
PROJECT:
Project Background: The Water Department maintains vadous monitoring sites and
equipment throughout the water distribution system to collect data and monitor the status
of water quality. Parameters analyzed include pH, chlodne residual, conductivity, and
dissolved oxygen. Treatment plant operators monitor water quality conditions throughout
the system and react to ensure that treated water complies with applicable regulations.
The existing equipment has been in service for approximately four years ~nd needs
retrofitting to maintain its effective operating condition.
Project Description: This project consists removing the existing analyzer sample system
tubing, piping, valves, rotameters, water pressure regulators and other components from
nine Remote Water Quality Monitoring stations and installing a new sample system at each
location. The work will be accomplished without damaging any of the existing analyzer
sensors connected to the piping. A Remote Water Quality Monitor System, similar to those
that are part of this project, is located at the Kiwanis Park Maintenance Building, 4001
Timon BIvd. The sample system at this location has already been upgraded, and this
system will serve as a guide for the upgrades at the other locations. The Kiwanis Park site
will be available for contractor reference pdor to commencing the retrofit project and also
throughout the duration of the project.
Bid Information~ The City received three bids on November 17, 1999 ranging from
$26,093 to $38,843, The engineers estimate was $40,000. Rabalais Electrical
Constructors of Corpus Chdsti, Texas submitted the lowest responsive total bid.
Remote Water Quality Monitoring Retrofit FY 99-00
H:~HOME',MIKES~GEN\WATER~DISTRIBU\8323\8323,BKG
Bid Recommendation: The principals and employees of Rabalais Electrical Constructors
are experienced with projects of this nature, having successfully completed similar projects
for the City. Both City staff and the City's consultant, BHP Engineering & Construction,
Inc., recommend that Rabaiais Electrical Constructors be awarded the construction
contract in the amount of $26,093.
EXHIBIT "A"
Page 1 of 2
48
Contract Terms: The contract is to be completed within 120 calendar days, with
completion anticipated in April 2000.
Remote Water Quality Monitoring Retrolit FY 99-00
H:%HOME~MlKE$~GEN~WATER%DISTRIBU~8323~8323.BKG
49
EXHIBIT A I
Page 2 of 2
\ Mproject \ councilexl~ibits \ exh832 3. dwg
0
d
Q.
(,~
f
.r,
.r
CZP PROJECT NO. 8323
L OCA TZ ON MAP
NOT TO SCALE
Water Distribution System
Water Quality Monitoring Retrofit
CRY OF CORPUS CHRISTI, TEXAS SO
EXHIBIT "B"
CITY COUNCIL EXHIBIT
DEPARTMENT OF ENGINEERING SERVICES
PAGE: I Of 1
DATE: 12/7/99
TABULATION OF BIDS
DEPARTMENT OF ENGINEERING - CITY OF CORPUS CHRISTI, TEXAS
TABULATED BY, Angel R.Escobar, P.B., Director of Engineering Services
DATE, Wednesday, November 17, 1999
TINE OF COMPLETION, 120 Calendar Daya
)
Page 1 of 1
ENGINEER'S ESTIMATE, $40,000
Water
Quality
Distribution System: Remote
Monitoring Retrofit - FY
Project No. 8323
Water
1999-2000
Rabalais Electric
P.O. Box 10366
CC, TX 78460
C. W. Campbell Electric
802 Cantwell
CC, TX 78408
Quality Machine
1432 E. Hwy 44
Robstown, TX 78380
DESCRIPTION
QTY.
UNIT
UNIT PRICE
AMOUNT
UNIT PRICE
AMOUNT
UNIT PRICE
AMOUNT
UNIT PRICK
AMOUNT
N
To furnish all labor and
materials, tools, and
necessary equipment, and to
perform the work required
for the project at the
locations set out by the
plana and specifications
and in strict accordance
with the contract
documents.
TOTAL BASE BID;
26,093.00
$26,093.00
35,402.00
$35,402.00
38,843.00
$38,843.00
N
(0
(D
0
-h
„3,, .IBIHX3
PRELIMINARY BUDGET
WATER DISTRIBUTION SYSTEM:
REMOTE WATER QUALITY MONITORING RETROFIT - FY 1999-2000
November 1999
Project No. 8323
1999-00 Water Department Operating Budget (53600~-4010-3'1500) ............................
TotaiFunds ..........................................................................................................
Funds
Available
49,000
$49,000
FUNDS REQUIRED:
Proposed
Budget
Total Construction Cost (Rabalais Electric) .......................................................................$26,093
Contingency (10% of Construction) ....................................................................................2,609
Construction Inspection .......................................................................................................783
Engineering Design (BHP Engineering & Construction) ...................................................:14,900
Engineering Liaison .............................................................................................................1,800
Administrative Reimbursements .........................................................................................1,500
Printing, Advertising, FedEx, etc .........................................................................................'1,315
TOTAL .....................................................................................................................$49,000
H:~OME~HELBY~GEN~AG99~WATER~)ISTRIBU~8323.WB2 52
EXHIBIT "D"
Pa~e 1 of 1
7
AGENDA MEMORANDUM
December 6, 1999
SUBJECT: ALLISON WWTP REHABILITATION AND OTHER MODIFICATIONS FY99-00
(PROJECTILE 7116).
AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute a
construction contract in the amount of $58,642 with Prime Technology Solutions, LLC of
Lafayette, Louisiana for the Allison Wastewater Treatment Plant Rehabilitation and Other
Modifications project.
ISSUE: The Allison Wastewater Treatment Plant recently had a failure in the control
system that operates the pumps in the lift station. A temporary control was installed, but
a new control system is needed to improve the lift station's capabilities and the
operational effectiveness of the plant.
RECOMMENDATION: Approval of the motion as presented.
FUNDING: Funds for this project are available from the FY 99-00 Sanitary Sewer Capital
Projects Fund (see Exhibit "D").
Foster Crone
Wastewater Superintendent
ADDITIONALSUPPORT MATERIAL
Exhibit A: Background Information
Exhibit B: Location Map
Exhibit C: Bid Tab Summary
Exhibit D: Proposed Budget
Padre Island Pumping Plant Control and Monitoring System Installation
H:~OME~,D UBE~GEN\WASTEWA'~7116~AGENMEMO,WPD
53
BACKGROUND INFORMATION
SUBJECT: Allison Plant Rehabilitation and Other Modifications FY99-00. (Project
7116)
PRIOR COUNCIL ACTION: July 20.1999 - Approval of the FY 99-00 Capital Budget (Ord.
No. 023703).
PROJECT:
Project Background: The Allison Wastewater Treatment Plant operates and maintains
a lift station at the facility to distdbute collected wastewater. The control system which
operates and controls the pumps in the lift station failed several months ago and was
replaced with a temporary control system. Installation of a new control system will improve
the lift station's capabilities and the operational effectiveness of the treatment plant.
Project Description: This project consists of replacing the existing pump control system
with a new control system which will be a permanent installation at the Plant. Specifically,
the work includes replacement of the pump/level control system with a Programable Logic
Controller (PLC) control system, modification of the pump and motor speed controls,
providing PLC programming, operator training and project documentation services. The
new control system will be compatible with proposed improvements to the Wastewater
Microwave Communication System.
Bid Information: The City received 4 bids on November 17, 1999, ranging from $58,642
to $72,790. The engineer's estimate was $60,000. Prime Technology Solutions, LLC of
Lafayette, Louisiana submitted the lowest responsive total bid.
Bid Recommendation: The principals and employees of Pdme Technology Solutions, LLC
are expedenced with projects of this nature, having successfully completed similar projects
for the City. Both City staff and Bath Engineering Group recommend that Prime
Technology Solutions be awarded the construction contract in the amount of $58,642.
Contract Terms: The contract is to be completed within 120 calendar days, with
completion anticipated in May 2000.
Padre Island Pumping Plant Control and Monitoring System Installatjon
H:~HOME\MIKES\GEN\WASTE'~ALLISON\7116~AWD,BKG
54
EXHIBIT A
Page ~ of ~
\ Mproject \ councfiexhibits \ exh 7116. dwg
ALLISON WAS"I'EWATER
TREATMENT PLANT
4101 ALLISON DR.
N
Son Patdcio County
Nueces
NUECES BAY
HWY 44
CClA
,,,/
CIP PROJECT No. 7116
LOCATION MAP
NOT TO SCALE
Allison Plant Rehabilitation
and Other Modifications
FY 1998-1999
~ OF CORPUS CHR~, TEXAS SS
EXHIBIT "B"
CITY COUNCIL EXHIBIT
DEPARTMENT OF ENGINEERING SERVICES
PAGE: I Of 1
DATE: 12/7/99
TABULATION OF BIDS
DEPARTMENT OF ENGINEERING - CITY OF CORPUS CHRISTI, TEXAS
TABULATED BY, Angel R.Bscobar, P.B., Director of Engineering Services
DATE. Wednesday, November 17, 1999 TIME OF COMPLETION, 120 Calendar Days
Page 1 of 1
ENGINEER'S ESTIMATES $60,000
Wastewater System: Allison Plant Rehabilitation
and Other Modifications 98-99
Project No. 7116
Prime Technology
Solutions, LLC
505 Loire Ste. H
Lafayette, LA 70507
Rabelais Electric
P.O. Box 10366
CC, TX 78460
C. W. Campbell Electric
802 Cantwell Lane
CC, TX 78408
N. R. Johnston Electric
4717 Westway
CC, TX 78469
BID
ITEM
DESCRIPTION
QTY.
UNIT
UNIT PRICE
AMOUNT
UNIT PRICE
AMOUNT
UNIT PRICE
AMOUNT
UNIT PRICE
AMOUNT
a 56
1
WWTP Lift Station:
Replace pump/level control
system with PLC control
system, modify pump's
speed and motor controls,
provide PLC programming,
operator training, and
documentation, complete in
place per lump sum.
TOTAL BASE BIDi
1
LS
58,642.00
$58,642.00
-1Allison
59,960.00
$59,960.00
70,518.00
$70,518.00
72,790.00
$72,790.00
.0,,1191HX3
PROPOSED BUDGET
ALLISON PLANT
REHABILITATION AND OTHER MODIFICATIONS
FY 99-00
Project No. 7116
1999-2000 Wastewater Capital Projects Fund (~.~-~.-00000-150200)
Total Funds .................................................................................
FUNDS
AVAILABLE
$85,000
$85,000
PROPOSED
FUNDS REQUIRED:
Total Construction Cost (Prime Technology)
Contingency (10% of Construction)
Construction Inspection
Engineering Design (Bath Engineering)
Engineering Liason
Administrative Reimbursements
Printing, Advertising, FedEx, etc.
$58,642
5,864
1,759
14,688
1,862
985
1,200
TOTAL
$85,000
proposedbud.7116.xis
57
EXHIBIT"D"
Page 1 of 1
AGENDA MEMORANDUM
December 6, 1999
SUBJECT: Wastewater Microwave Communication System (Project #7100).
AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute
Amendment No. 1 to the contract for professional services with Bath Engineering Corp. in
the amount of $370,942 for Stage 2 engineering services for the Wastewater Microwave
Communication System.
ISSUE: The 456 megahertz Wastewater communication system, which monitors the City's
six treatment plants and 94 lift stations, must be modernized to assure continued reliability
and to replace deteriorated components. This will permit the most efficient operation and
maintenance of the wastewater facilities.
FUNDING: Funds for this project are available in the FY99-00 Sanitary Sewer Capital
Projects Fund.
RECOMMENDATION: Approval of the motion as presented.
Foster Crowell
Wastewater Superintendent
'~lR.~Escobar, P.E.
Director of Engineering Services
Attachments:
Exhibit A:
Exhibit B:
Exhibit C:
Background
Contract Summary
Project Area Map
Wastewater Microwave Communication System (Project 7100)
Page I of 1
H:~IOME~MIKES\GEN~WAST~MICRWAVE'~STG2AGEN.MMO 59
BACKGROUND
SUBJECT: Wastewater Microwave Communication System (Project #7100)
PRIOR COUNCIL ACTION:
February 9, 1999 - Award of an engineering contract in the amount of $124,816 to
Bath Engineering for Stage 1 of the Wastewater Microwave Communication 'System
Project (M99-041).
July 20, 1999 -Approval of the FY99-00 Capital Budget, Ordinance No. 023703.
FUTURE COUNCIL ACTION: Approval of construction contracts.
PROJECT OVERVIEW:
Background: A 456 megahertz communication system used to monitor the City's 6
treatment plants and 94 lift stations has deteriorated with time and exposure to the
elements. The system's reliability must be improved to allow the most efficient operation
and maintenance of wastewater facilities. The proposed system will serves as the new
Supervisory Control and Data Acquisition System (SCADA) for the Wastewater
Department. It will be capable of controlling and monitoring status conditions of pumps,
motors, levels, and security conditions at the various sites. All available types of
communication systems will be evaluated to assure that the most reliable, cost-effective
system is implemented.
Bath Engineering Corp. was selected as the consultant through the City's formal Request
for Proposals (RFP) process and has completed work on the Stage 1 preliminary phase
of the project. Stage 1 services included a thorough analysis of the existing
communication equipment and system architecture and the development of a conceptual
design approach to accommodate for future expansion of proposed improvements. Stage
2 design phase services will include consideration of the following parameters:
the need to optimize system reliability;
ease of operation and maintenance;
requirement to control, monitor, and have alarm status capabilities for manned and
unmanned facilities in a 24-hour operation;
requirement for distributed, networked intelligence architecture to safeguard against
faults, interruptions, and system operation in the event of partial failures;
construction sequencing issues;
permitting and regulatory requirements; and
coordination with City departments.
Wastewater Microwave Communication System Project
H:\HOMLm, MIKES\GEN~WASTE~MICRWAVE~STG2AGEN.BKG
Page 1 of 2
60
This project will address over 100 citywide sites. Each site is unique and will require
documentation of site-specific equipment locations, widng terminations, above- and below-
grade obstructions. In addition to documenting existing conditions, the rehabilitative nature
of this project requires the consultant to develop a sequencing schedule so the existing
system remains operational dudrig construction activities. The project design also requires
specialized engineering expertise to address the large volume of extremely detailed work
involved. It is anticipated that 30% more engineering time will be required to complete this
project as compared to a typical civil engineering project.
FEE: The negotiated total fee for the Stage 2 services to be performed is $370,942 for a
total contract fee of $495,758. A detailed fee summary is attached. (See Exhibit B, page
2 of 2.)
Wastewater Microwave Comrnunicafdon System Project
H:\HOME\MIKES\GEN~WASTBMICRWAVE\STG2AGEN.BKG
Page 2 of 2
61
CONTRACT SUMMARY
Wastewater Microwave Communication System
Basic Services:
Design Phase to include Engineer:
1. studying, developing alternatives and making written recommendations for construction sequencing,
connections to the existing facilities, and restoration of property;
2. preparing the construction documents in City format;
3. preparing quantities and estimates of probable costs and probable construction schedule;
4. furnishing plans, specifications and bid documents for City staff review and approval;
5, providing Quality Assurance/Quality Control (QNQC) measures; and
6. providing final plans and specifications suitable for reproduction,
Specific tasks in this section include the following:
a. Perform all field investigations to develop the detail necessary for bid and construction document
preparation.
b. Develop field dimensions for each site.
c. Identify code violations at each site and note correction required.
d. Document existing obstructions that affect installation of new equipment.
e. Document interface point of existing wiring.
f. Develop a construction sequencing schedule and plan for the ease of transition from the old system
to the new system
g. Develop a sequence of operations for each type of control system along with control schematics and
wiring diagrams.
h. Include replacement of all existing interface relays and relay enclosures.
i. Include replacement of all wiring from remote terminal units to a new junction box which contains all
inputs from the field devices.
Design structural steel supports and foundation for all new equipment.
Develop software specifications and master station screen definitions.
Develop hardware specifications.
Design antennas as required.
~ will include the Engineer:
1. participating in the pro-bid conference,
2. actively soliciting bids and reviewing bid solicitation lists,
3. reviewing all pre-bid questions and submissions concerning the bid documents,
4. preparing, for Engineering Services's approval, any addenda or other revisions,
5. analyzing bids, preparing bid tabulations, and making recommendations concerning award of each
contract, and
6. in the event the lowest responsible bidder's bid exceeds the budget, making such revisions to the bid
documents as the City staff deems necessary to re-advertise that particular portion of the Project for
bids.
Construction Phase to include Engineer:
1. participating in all pre-construction meetings,
2. reviewing for approval shop and working drawings, materials and other submittals,
3. reviewing field and laboratory tests,
4. providing interpretations and clarifications of the plans and specifications,
5. consulting with City staff and other governmental authorities,
6. making visits to the site of the Project to determine if the work is being done in accordance with the
contract documents,
7. making final inspection with City staff and provide the City with a Certificate of Completion for the
project,
8. preparing "as-built" record drawings of the Project, and
9. verifying Year 2000 Compliance.
62
Page 1 of 2
Additional Services:
1. Permitting and/or Licensing to inctude furnishing all engineering data and documentation necessary
for all required permits, including regulatory analysis.
2. Equipment Operation and Maintenance Manual preparation for all instruments and related equipment
installed on this project.
3. Supervisory Control and Data Acquisition (SCADA) Software Quality Control requirements for
contractor.
4. Inspection Services provision for the Grit Chamber Project.
5. Start-up Operations including instrumentation and control inspections, acceptance, and assistance
with start-up operations.
6. Training to include minimum of 16 hours of on-site training for operations, maintenance, and
supervisory personnel.
7. Maintenance guaranty inspection approximately one year period after acceptance of the Project.
Fees:
Description
Basic Services - Original Contract
1. Preliminary Phase (Stage 1 Services)
ORIGINAL CONTRACT TOTAL
Stage 2 Services - Amendment No. 1
2. Design Phase (Stage 2 Services)
3. Bid Phase (Stage 2 Services)
4. Construction Phase (Stage 2 Services)
Stage 2 Basic Services
Additional Services (All Stage 2 Services)
1. Permitting
2. Equipment Operation and Maintenance Manuals
3. SCADA Software Quality Control
4. Inspection Services
5. Start-up Operations
6. Training
7. Warranty Phase
Stage 2 Additional Services
STAGE 2 TOTAL
TOTAL FEE
H:\HOME%KEVINS\GEN~WASTEWA%M[CROWAV%STG2AGEN.SUM
Total
$124,816
124,816
203,760
5,880
41,820
$251,460
2,270
4,660
20,400
64,132
5,440
5,440
17,140
$119,482
$370,942
$495,758
Exhibit B
63 Page 2 of 2
\ Mproject \ councilexhibits \ exh 7 100.dwg
NOTE:
6 WASTEWATER TREATMENT PLANTS AS SHOWN
AND 94 WASTEWATER LIFT STATIONS CITYWIDE
CIP PROJECT No. 7100
PROJECT AREA MAP
NOr ro SCALE
EXHIBIT "C"
Wastewater Microwave Communication System
CITY' OF CORPUS CHRISTI. TEXAS 64
CITY COUNCIL EXHIBIT
DEPARTMENT OF ENGINEERING SERVICES
PAGE: 1 Of 1
DATE: 12/7/99
9
AGENDA MEMORANDUM
December 6, 1999
SUBJECT: O.N. Stevens Plant Additional Pump for High Service Pump Building No. 2
(Project f.-8277) and O.N Stevens Plant Wash Water System (Project ff-8278)
AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute
Stage 1 of an engineering services contract in the amount of $143,000 with Smith, Russo
& Mercer for the O.N. Stevens Plant Additional Pump for High Service Pump Building No.
2 and the O.N. Stevens Plant Wash Water System projects.
ISSUES:
Additional pumping capacity is needed at the O.N. Stevens Water Treatment Plant
to meet projected demand.
The existing Wash Water System is in need of upgrade to improve system reliability
and to allow continued operation of the facility in an efficient and effective manner.
RECOMMENDATION: Approval of the motion as presented.
FUNDING: Funds for this project are available in the FY99-00 Water Capital Projects
Fund.
Eduardo Gara~a, P. E.
Water Superintendent
ADDITIONAL SUPPORT MATERIAL
Exhibit A: Background Information
Exhibit B: Contract Summary
Exhibit C: Location Map
Stevens Plant Additional Pump for High Service Pump Bldg, No, 2 e~77)/Stevens Plant Wash Water System (8278)
H:~-IOME~MIKES\GEN\WATER~ONS~8278~AEAWD.MMO
AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMATION
SUBJECT: O.N. Stevens Plant Additional Pump for High Service Pump Building No. 2
(Project #8277) and O.N Stevens Plant Wash Water System (Project #8278)
PRIOR COUNCIL ACTION: July 20. 1999 - Approval of the FY99-00 Capital Budget,
Ordinance No. 023703.
FUTURE COUNCIL ACTION:
Approval of Stage 2 engineering services.
Approval of required construction contract(s).
PROJECT OVERVIEW:
Project Description: This project was approved by Council as part of the FY99-00
Capital Budget. It addresses needed improvements to the O. N. Stevens Water Treatment
Plant's infrastructure components. The project will result in:
installation of a new pump to add high service pumping capacity to meet current
and projected demands; and
upgrade of the current filter wash water system for improved filter backwashing
performance.
Contract Overview: A summary of the contract is attached. (See Exhibit B.)
A/E SELECTION: RFQ ~99-01 (a compilation of Streets, Storm Water, Wastewater, and
Water improvement projects) was distributed on July 9, 1999 to 109 engineering firms (41
local and 68 non-local). The 7 firms that responded to the RFQ for this project were:
Bass & Welsh Engineering
Bath Engineering Group
Goldston Engineering
HDR/Simpson
Indtech, Inc.
Onyx Engineering, Inc.
Smith, Russo & Mercer
Stevens Plant Additional Pump for high Service Bldg. No, 2/Stevens Plant Wash Water System
H:~IOMEWlIKES~GEN~WATER\ONS~8278~AEAWD,BKG
66
Exhibit A
Page 1 of 2
All 7 firms were deemed competent and able to complete the project; however, based on
the review of each firm's qualifications, Smith, Russo & Mercer was selected as the most
highly qualified firm. The major factors contributing to the recommendation of the RFQ
Panel were:
1. The firm's prior performance on recent similar City projects, including:
Elevated Storage Tanks Inspection & Rehabilitation;
Stevens River Station Pump Building. Nool; and
Discharge Header Valve Replacement.
2. Other experience with similar projects, including:
Water Trunk Line and Elevated Storage Tank for the City of Shiner; and
1997 Water and Sanitary Sewer Improvements for Refugio.
3. They are proficient in the installation and repair of elevated water storage tanks.
The recommended firm is well balanced to address the project requirements and
possesses capabilities and substantial expertise needed to complete this project.
FEE: The negotiated total fee for the Stage 1 engineering services to be performed is
$143,000. A detail of the fee summary is attached. (See Exhibit B, page 3 of 3.)
Stevens Plant Additional Pump for high Service B[dg, No. 2/Stevens Plant Wash Water System
H:~-IOMEWIIKES~GEN\WATER\ONS~B278%AEAWD.BKG
67
Exhibit A I
Page 2 of 2
CONTRACT SUMMARY FOR
STEVENS PLANT ADDITIONAL PUMP FOR HIGH SERVICE PUMP BUILDING NO. 2 AND
STEVENS PLANT WASH WATER SYSTEM
STEVENS PLANT ADDITIONAL PUMP FOR HIGH SERVICE PUMP BUILDING NO. 2
STAGE I
Preliminary Design Phase
Perform a hydraulic evaluation of the existing and proposed pumping units to include High
Service Building No. 1 and the proposed interconnection of Clearwell Nos. I & 2. Coordinate
with the City's extended peded simulation results.
Analyze existing and proposed pumping capacity at High Service Buildings No. 1 & 2.
Perform an evaluation of the ty es of pumps currently being used in High Service Building No.
2 and other types of pumps. ;~ovide recommendahons on type of pump and motor to install,
control sequencing and effects on Supervisory Control and Data Acquisition (SCADA) system.
Provide recommendation on conversion of existing pumps from eddy-current to direct-coup ed,
variable frequency drive, soft starts, or a combination thereof.
Perform an engineering evaluation of the proposed construction sequence of the recommended
work. Present City staff with Engineering Report that incorporates City staffs comments.
STEVENS PLANT WASH WATER SYSTEM
STAGE I
Preliminary Design Phase
The following items that will produce the Engineering Study with executive summary are as follows:
Conduct a one half-day kick off workshop to include water operating and engineering
department staff. Engineering Staff and Smith, Russo & Mercer will centact consultants
currently involved in O.N. Stevens Water Treatment Plant (ONSWTP) work to identif, J
scopes, locations and time lines of the consultants projects.
Prepare an operational goals memo to set forth the intended performance of the modified
wash water system including backwash rates, continuous or batch operation and the number
of filters that can be backwashed in a continuous sequence before the wash water tank must
be refilled.
Perform a hydraulic evaluation of the existing and proposed filter backwash system which
includes specific criteria concerning the differences between filters 1 though 12 and filters 13
through 22. This hydraulic evaluation will include a determination ofthe continued use of the
multi-port valve for rate of flow control, the enhancement of the existing elevated storage tank
through the use of new backwash water supply pumps/system, and the need for a second
elevated backsrash tank as well as a new rate of flow control system to replace the multi-port
valve, and the possible elimination of the existing wash water pumps located in High Service
Building No. 1.
Review performance & design of air scour piping in filters 1 through 22.
Evaluate filter to waste capability in filters 1 through 22.
Perform an engineering evaluation to determine the size, location, and configuration for the
addition of a new wash water supply pump station to enhance the backwash capabilities of
the plant while also providing the ability to continuously backwash without reduction of plant
production and interference with the Contact Time (CT) disinfect/on practices of the plant.
Stevens Plant Additional Pump for High Service Pump Bldg. No.6~Stevens Plant Wash Water System
H:~'IOME~MIKES\GEN\WATER\ONS\8278~AEAWD,SUM
I EXHIBIT B I
Page I of 3
Perform an engineering evaluation of the need, size, location and design of a new wash
water elevated tank adjacent to the filter buildings.
Perform a pipeline routing study for the connection piping from the new wash water supply
pump station to the existing filters which will include maintaining the existing wash water tank
in service after the new system is in place. The routing study will also include an evaluation
of the location of new flow metering and flow control valving.
Review and update existing storm water Pollution Prevention Plan relative to return
washwater basin.
Perform a preliminary layout of the filter control operating floor to incorporate the required
modified controls for each filter and the wash water system while allowing for relocation of
controls in Filter Building fir2 in front of Filters 13-22.
Perform an engineering evaluation of the electrical primary and backup power supply and
distribution system necessary to:
1. Meet the power requirements of the new wash water supply pump station.
2. Meet anticipated needs of a wash water recovery system.
3. Meet anticipated needs of a sludge dewatering system
4. Identify site yard restraints (existing & future) for routing duct banks for power feed
to the three unit operations.
Perform an engineering evaluation of the plant data highway and SCADA system necessary
to:
1. Meet the control's monitoring needs of the new wash water supply pump/storage
system.
2. Meet anticipated needs of a future wash water recovery system.
3. Meet anticipated needs of a sludge dewatering system.
4. Identify site yard restraints (existing & future) for routing of data highways for these
three unit operations.
Perform an engineering evaluation of the filter wash water return system to determine and
recommend what modifications (if any) should be incorporated to:
1. Provide for continuous backwashing of all existing 22 filters and allow for the future
expansion of the filters without affecting the efficiency of the return system.
2. Prepare the plant for future anticipated State and Federal regulations concaming the
treatment of wash water return flow streams to the head of the plant.
3. Inventory other flow sources for both hydraulic and solids Ioadings to the wash water
recovery system from other unit operations/sources with the plant.
4. Provide for future solids separation and dewatering and develop a plan to add these
facilities including electrical and instrumentation requirements as required upon the
direction of the City staff.
Identify Permits required.
Perform an engineering evaluation of the proposed construction sequence of the
recommended work including preliminary construction schedule to determine operational
constraints to performing the work.
Stevens Plant Additional Pump for High Service Pump Bldg. No~)JStevens Rant Wash Water System
H:\HOME\MIKES\GEN\WATER\ONS\8278~AEAWD,SUM
EXHIBIT B I
~a~ 5' of 3
Provide seven (7) copies of the Engineedng Study & Report to City staff. Meet with City staff
to discuss findings and recommendations. The Engineer shall furnish the City the
Engineering Study & Report in a stand alone digital document CD-ROM dedicated to this
individual study.
The digital document shall contain all of the information included in the wdtten document, but
will have the following electronic features:
1. An easy automated, end-user setup.
2. Digital version of the word processed document.
3. Digital versions of the drawings provided in the memorandum.
4, Glossary of terms linked throughout the text material in the memorandum.
5. Simple interface.
6. Auto sorting index.
7, Introduction (text) to the digital on-line memorandum.
8. Full search functions.
9. The on-line memorandum will operate on IBM compatible computers with CD-ROM
drive operating Windows 95, OSP,2, Windows 98, or Windows NT 4.0 operating
systems.
Twenty (20) copies of the memorandum CD shall be delivered to the City.
SUMMARY OF FEES
Fee for Basic Services High Service Pump Bldg. Wash Water System
1. Preliminary Phase $42,000 $101,000
2. Design Phase To Be Determined To Be Determined
3. Bid Phase To Be Determined To Be Determined
4. Constnzction Phase To Be Determined To Be Determined
Sub-Total Basic Services Fees Authorized $42,000 $101,000
Fee for Additional Services
1. Permitting
NPDES
TNRCC
USFWS
USACE
USEPA
Total Permitting To Be Determined To Be Determined
1. ROW Acquisition Survey 0 0
3. Topogrephic Survey 0 0
4. Environmental Assessment To Be Determined To Be Determined
5. Inspectjon Services To Be Determined To Be Determined
6. Stert-up Services TO Be Determined To Be Determined
7. Warranty To Be Determined To Be Determined
Sub-Total Additional Services Fees 0 0
Authorized
Total Authorized Fee $42,000 $10'1,000
TOTAL
$143,000
To Be Determined
To Be Determined
To Be Determined
$143,000
To Be Determined
0
0
To Be Determined
TO Be Determined
TO Be Determined
TO Be Determined
0
$143,000
Stevens Plant Additional Pump for High Service Pump Bldg. No7~Stevens Plant Wash Water System
H:\HOME'~IKES\GEN~WATER~ONS\8278~AEAWD.SUM
EXHIBIT B
Page 3 of 3
\ Mproject \ councilexhibits \ exh82 77. dw9
RIVER
Hff 44
O.N. STEVENS WATER t
TREATMENT PLANT
13101 UP RIVER ROAD -
C°~n l~
NUECES BAY
o= 7= AGNE~
LOCATION MAP
NOT TD SCALE
CORPUS
CHRISTI
BAY
UP RIVER ROAD
ENTRANCE ~u~i~UARD LHACK CP&L ~,
I~1 E}"" RW ""
HI SERVICE PUMP
BUILDING No. 2
PLAN VIEW
O.N. STEVENS WATER TREATMENT PLANT
NOT TO SCALE
CZP PROJECT # 8277 & 8278
EXHIBIT "C"
Stevens Plant Additional Pump CITY COUNCIL EXHIBIT ~
for' Hlgh Ser'vlce Pump Bldg. No. 2 DEPARTMENT OF ENC#NEERINC SER~CES
/ Sl:evens Plant Wash Water System PAGE: 1 of I ~ ~
CITY OF CORPUS CHRISTI, TEXAS 71 DATE: 12/6/99 ~
10
AGENDA MEMORANDUM
December 8, 1999
SUBJECT: Acquisition of Parcel No. 4
O. N. Stevens Water Treatment Plant Expansion
AGENDA ITEM: Motion authorizing the acquisition of Parcel No. 4 located at 13014
Hearn Road between Brooklane Drive and Perry/~ne for $105,000.in connection with the
O. N. Stevens Water Treatment Plant Expansion project.
ISSUE: The O. N. Stevens Water Treatment Plant Expansion Project cells for the
acquisition of Parcel No. 4 which has been negotiated and requires Council approval.
FUNDING: Funding for this acquisition is available from the Water Department's FY99-00
Operating Budget.
RECOMMENDATION: Approval of the motion as presented.
Eduardo Gara~a, P.E. cebar, P. E.
Water Superintendent of Engineering Services
Attachments:
Exhibit A.
Exhibit B.
Exhibit C.
Exhibit D.
Background Information
Location Map
Information Summa. ry
Contract Summa~; ~
73
BACKGROUND INFORMATION
SUBJECT: Acquisition of Parcel No. 5
O. N. Stevens Water Treatment Plant Expansion
PRIOR COUNCIL ACTION:
2.
3.
4.
January 27. 1982 - Ordinance No. 16838 authorizing acquisition of Parcel No. 1
from the Catholic Diocese of Corpus Christi.
February24. 1982 - Ordinance No. 16847 authorizing acquisition of Parcel No. 2
from Henry L Tucker.
Auoust 23. 1988 - Ordinance No. 20430 authorizing acquisition of Parcel No. 3
from Morene L. Nail and the Estate of Samuel D. NaIL
February 9. 1999 - Motion No. M99-032 authorizing acquisition of Parcel No. 5
from Michael L and Kathy Lowrance.
FUTURE COUNCIL ACTION: None. This is the last acquisition for this project.
OVERVIEW:
Backqround: Land for the odginal O. N. Stavens Water Treatment Plant was
acquired in 1954 by way of four (4) separate transactions totalling 155.714 acres
located between Up River Road and Heam Road east of U. S. Highway, 77. This
allowed the City to enlarge and expand its municipal water system by ,constructing
a municipal water filtration plant on the property. Two additional tram totalling
36.93 acres were purchased in 1982, a third tract containing 6.42 acres was
purchased in 1988, and a fourth tract containing 5 acres was purchased in
February, 1999, all for future Stevens Plant expansion.
Parcel: The subject parcel, located at 13014 Heam Road between Brooklane Drive
and Perry Lane, is owned by Stephen W. Dean and Camilia Watkins. The parcel
is being acquired in connection with the O. N. Stevens Water Treatment Plant
Expansion project.
A map (showing the location of'the property), a summary (showing the size of the
property), the appraised value; the negotiated price and specffic terms of the
contract are included as Exhibits 'B," 'C," and "D.' Staff has negotiated the
purchase of this parcel for the appraised value of $105,000. San Jacinto Title
Company will handle the closing.
Page I of 1
74
-- CONTRACT SUMMARY
ACQUISITION OF PARCEL NO. 4
O. N. STEVENS WATER TREATMENT PLANT EXPANSION PROJECT
2.
3.
4.
10.
11.
Legal Description - 5 acre tract out of the G. Farias Grant, Abstract No. 592
Purchase Price - $105,000
Seller to provide title insurance at Buyer's expense.
Seller will deliver, at Buyer's expense, a good and sufficient General Warranty
Deed.
All taxes to be paid by Seller, up to and including 1998. Taxes for 1999 will be
prorated between Buyer and Seller.
Buyer agrees to deposit $500 Earnest Money at the Title Company, which Seller
may keep as liquidated damages should Buyer fail to consummate contract as
specified, or Seller may seek to enforce specific performance of contract.
Buyer accepts title subject to all outstanding restrictive covenants, use restrictions
and zoning and regulatory ordinances.
Transaction to be closed on or before 90 days from the date of the contract. Seller
acknowledges that Seller has raad the agreement, and it is not binding until
apprcved by the City Coundl and signed by the City Manager within 60 days of the
contract date. Possession to be given to the Buyer on or before 90 days after
closing.
The contract will survive the closing of the sale and delivery of the General
Warranty Deed and other conveyance documents.
Acquisition is under the threat o:r eminent domain proceedings.
Buyer will provide an on-the-ground survey at Buyer's expense 10 days prior to
closing.
75
Page I of I
76
O.N. STEVENS
WATER TI~EATMENT PLANT
-- SUBJECT PROPERTY
(5 ac. +)
O.N. Stevens Water Treatment Plant Expansion
Parcel 4
City of Corpus Christi, Texas
City Council Exhibit ~%~
Depm'hnent of Engineering Services
_--" -- Chtisti
Date: 12-06-99
Page: 1 of 1
77
EXHIBIT B
INFORMATION SUMMARY
O. N. STEVENS WATER TREATMENT PLANT EXPANSION PROJECT
PARCEL NO. 4
Owner:
Location:
Zoning:
Size:
Taking:
Improvements:
Tax Value:
Appraised Value:
Contract Price:
Mr. Stephen W. Dean and Ms. Camilia Watkins
13014 Heam Road between Brooklane Drive and Perry Lane
R-lb, One Family Dwelling District
5 acres, Unplatted
Whole taking
A residence containing 1,812 sq. ft.
$62,796
Bruce Callaway, M.A.I.
$105,000
$105,000
Page 1 of I
78
11
AGENDA MEMORANDUM
December 8, 1999
SUBJECT: Acquisition of Parcel No. 29 by Condemnation
for the Spur 3, Phase 2 Improvements Project ,.
AGENDA ITEM: Motion authorizing the acquisition by co~idemnation of Parcel No. 29
located on Ennis Joslin Road between Del Oso Road and Carson Street for the Special
Commissioners' award of $28,673 in connection with the Spur 3, Phase 2 Improvements
project.
ISSUE: The Spur 3, Phase 2 Improvements project cells for the acquisition of Parcel No.
29 for the widening of Ennis Joslin Road. The Spur 3 project will provide improved access
from South Padre Island Drive to the entrance of Texas A & M - Corpus Chdsti. A
condemnation headng was held on December 3, 1999, and the Special Commissioners'
award was $28,673. This acquisition requires Council approval.
FUNDING: Funds for this acquisition are available from the Street Capital Projects Fund.
RECOMMENDATION: Approval of the motion as presented.
Attachments:
Exhibit A.
Exhibit B.
Exhibit C.
Exhibit D.
Exhibit E.
Background Information
Prior Council ActiOn
Locetion Map
Information Summary
Special Commissioners' Award
Director of Engineering Services
79
BACKGROUNDINFORMATION
SUBJECT: Acquisition of Parcel No. 29 by Condemnation
Spur 3, Phase 2 Improvements Project
PRIOR COUNCIL ACTION: See Exhibit "B."
OVERVIEW:
Background: When Corpus Christi State University became part of the Texas A&M
University (TAMU) system, the need to upgrade the access to the campus became
apparent. Through the efforts of a number of government and business leaders, the
route from South Padre Island Drive (SPID) to the TAMU-CC campus (Ennis Joslin
Road, Alameda Street and Ocean Drive) was designated State Spur 3. The Texas
Dept. of Transportation (TxDOT) was authorized to proceed with the preparation of
plans and specifications for the project. In November, 1993, TxDOT and the City
executed an agreement whereby the City took responsibility for acquisition of right-of-
way (ROW), relocation of conflicting utilities, and mitigation of environmental
concerns. The State was responsible for preparation of the required maps and
descriptions necessary to acquire the ROW, preparation of the plans and specs for
construction, and administering the construction contract. Water, sewer, gas,
electrical and telephone lines have been installed within a portion of the ROW in order
to upgrade utility service to the University in anticipation of future expansion.
Construction for Phase 1 of the project (Ocean Drive between the Alameda/Ocean
Drive intersection and TAMU-CC) has been completed.
Parcel: The subject parcel is located on Ennis Joslin Road between Del Oso Road
and Carson Street. Parcel No. 29 is a fee simple acquisition containing 2,191 square
feet. This parcel is being acquired for the Spur 3, Phase 2 street improvements.
Staff's offer of $5,450 was rejected, and negotiations reached an impasse. On
September 21, 1999, Council authorized eminent domain proceedings. A
condemnation hearing was held on December 3, 1999, and the Special
Commissioners' award was $28,673.
A map (showing the location of the property), a summary (showing the size of the
property), the appraised value, and the Special Commissioners' award are included
as Exhibits "C," "D," and "E," respectively No title company is involved in this
transaction.
80
Page 1 of I
PRIOR COUNCIL ACTION
1. September. 1992 - A delegation of City, County and Chamber of Commerce officials
made a presentation to the Texas Transportation Commission requesting that the access
route to Texas A&M University - Corpus Christi be designated as a State reute.
2. November. 1992 - Resolution No. 021514 supporting upgrade of access to Texas A&M
University - Corpus Christi and commitments of the City to right-of-way acquisition, utility
relocations and environmental mitigation.
3. November. 1993 - Resolution No. 021812 authorizing the City Manager, or his
designee, to execute an agreement with the Texas Dept. of Transportation (TxDOT)
relative to the improvements to State Spur 3 (Ennis Joslin Road, Alameda Street and
Ocean Drive).
4. September. 1995 - Resolution No. 022346 authorizing the City Manager, or his
designee, to execute an Advanced Funding Agreement with the State of Texas for work
to be constructed by the State and paid by the City.
5. December 12. 1995 - Resolution No. 022434 authorizing condemnation proceedings
by the City to condemn fee title and to acquire a 20-foot temporary construction
easement for five parcels of land along Ocean Drive east of its intersection with
Alameda Street for the Ocean Drive Spur 3, Phase 1 Project.
6. Seotember 10, 1996 - Motion No. M96-279 authorizing the acquisition of Parcel No. 1
from the County Line Properties, Inc.
7. September 24. 1996 - Motion No. M96-295 authorizing the acquisition of Parcel No. 3
from Second Convenience Stores Properties, Inc.
8. January 19. 1999 - Motion No. M99-010 authorizing the acquisition of Parcel No. 30
from Bonnie Lee Tatford.
9. May 18, 1999 - Motion No. M99-145 authorizing the acquisition of Parcel Nos. 2 and 2
U.E. from C. C. Shores II, Ltd.
10. July 27. 1999 - Resolution No. 023701 authorizing condemnation proceedings to
acquire Parcel Nos. 18 and 18 U.E. from Seaside Villa Council of Co-Owners, Inc., as
Trustee for the unit owners and their lienholders.
11. August24. 1999 - Motion No. M99~281 authorizing the acquisition of Parcel No. 4 from
Apex Golf Properties Corp.
12. September 21. 1999 - Resolution No. 023769 authorizing condemnation proceedings
to acquire Parcel No. 29 from John L Johnson and wife, Janet J. Johnson and from the
lienholder, Frank Miller.
13. October 12. 1999 - Resolution No. 023789 authorizing condemnation proceedings to
acquire Parcel No. 34 from Leona Estes.
14. November 9. 1999 - Resolution No. 023826 authorizing condemnation proceedings to
acquire Parcel No. 32 from Curtis W. and Sharren K. Bennett.
15. November 16. 1999 - Resolution No. 023842 authorizing condemnation proceedings
to acquire Parcel No. 27 from William McDonald Riddick, et al.
16. November 16, 1999 - Motion No. M99-397 authorizing acquisition of Parcel No. 21 from
Sheila Snyder.
81
II II
Page 1 of I
' ~ I SITE
LOCATION ~iAP
QSO GOLFCOURSE
JOHN
ec. ux.
DEL OSO RD.
VICINITY MAP
NOT TO SCA&E
/
SPUR 3 - PHASE II
OCEAN DR. TO S.P.I.D.
PARCEL 29
CIty of Corpus Christl, Texas
8t,3,2 · /
PARCEl 29
NOT TO SCALE
CIty Council Exhibit
Department of Engineering Services
Date: 08-12-99
Page: 1 of I
Clly of
Corpus
EXHIBIT
82
INFORMATION SUMMARY
SPUR 3, PHASE 2 IMPROVEMENTS PROJECT
PARCEL NO. 29
Owner:.
John L. Johnson and wife Janet J. Johnson
Location:
Zoning:
Ennis Joslin Road between Del Oso Road and Carson Street
R-1 a, One Family Dwelling Distdct
Size: Whole Property: 25,432 sq. fL
Part Taken: 2,191 sq. ft.
Platted: Yes
LandTax Value: $42,193 ($1.66/s.f.) - whole property
Appraised Value: American Appraisers, Inc.
Sidney H. Smith, Ill, M.A.I.
Land ................................................................$ 3,659 ($1.87/s.f.)
Drive and Landscaping ...................................$1.791
Just Compensation ...........................................' $ 5,450
City Offer: $5,450
Condemnation Authorization:
Condemnation Hearing:
Special Commissioners' Award:
Resolution No. 023769 on September 21, 1999
December 3, 1999
$28,673
NOTE: At the condemnation hearing on Decamber 3, the property owners were
represented by Francis Gandy, attorney at law. Mr. Gandy called Mr. Bob Crowe,
appraiser, and Mr. John Johnson, land :bwner, to testify. Mr. Crowe testified that he did
not do an appraisal because the property owners just recently hired him but that, in his
opinion, the remainder property was damaged by the taking. Mr. Crowe did not specify an
amount. Mr. Johnson testified that, in his opinion, the remainder property was damaged
in the mount of $60,000. Mr. Chds Nicholson, American Appraisers, testified for the City
that he appraised just compensation for the taking at $5,450 and found no damage to the
remainder property. The Special Commissioners awarded the property owner $28,673.
Page l~of 1
83
CAUSE NO. 99-61643-2 _
CITY OF CORPUS CHRISTI §
Condemnor
V. §
JOHN L. JOHNSON AND
JANET L. JOHNSON
IN THE COUNTY COURT
AT LAW NUMBER 2
NUECES COUNTY, TEXAS
AWARD OF SPECIAL COMMISSIONERS
On the 3rd day of December 1999, in the City of Corpus Christi, Nueces County, Texas, the
above styled proceedings in eminent domain came on to be heard before the undersigned, three
disinterested freeholders of Nueces County, Texas, heretofore appointed as Special Commissioners
by the Judge of the County Court at Law No. Two of Nueces County, Texas to assess the damages
caused by these proceedings. The Plaintiff City of Corpus Christi, a municipal corporation located
in Nueces County, Texas, appeared through legal counsel, Carol Bray. The Defendants appeared
through legal counsel, Francis I. Gandy, Jr.. The Commissioners proceeded to hear hhe evidence and
arguments of the parties and made the following findings:
I.
That on September 28, 1999, the City of Corpus Christi, Plaintiff, filed its "Original
Statement and Petition in Condemnation" with the clerk of Nueces County, Texas, wherein upon the
facts and for the purposes therein stated, it sought judgment vesting in the City of Corpus Christi fee
simple title to certain land for the purpose of Road and Utility Improvements, and other municipal
purposes, said land being situated inside the corporate limits of the City of Corpns Christi, Nueces
County, Texas, and consisting of 2191 square feet out of Lot 7, Block 15, Edgewater Terrace, as
described in the attached Exhibit "A", excluding the oll and gas fights.
II.
That upon consideration of the said written statement so filed by Plaintiff, the Judge of the
County Court at Law No. Two of Nueces County, did appoint three disinterested freeholders oc~
EXHIBff
(Johnson Condemnation) 84 I
Nueces County, Texas, as Special Commissioners to assess the damages caused by the taking of said
property.
III.
That the said Special Commissioners did, by written order, designate and appoint tile 3rd
day of December, 1999, at 9:00 a.m., in the County Courthouse; County Court #2, situated in Nueces
County, Texas, as the date and place for hearing said statement and parties, said date being the
earliest practicable time and such being the county seat of the county in which the property is
situated.
IV.
That thereafter said Special Commissioners duly qualified as such, each taking the oath
prescribed by law, which oaths are on file with the papers of this cause.
V.
That on the 3rd day of December, 1999, said Speciai Commissioners did convene and the
following named parties did appear in person or by their attorney:
City of Corpus Chfisti, by and through Carol Estes Bray, Sr. Asst. City Attorney of the City
of Corpus Chfisti, Texas;
and the Defendants John Johnson and Janet Johnson appeared in person and by and through
their attomey of record, Francis I. Gandy, Jr., and announced ready for such hearing and said Special
Commissioners proceeded to hear evidence as to the damages which will be sustained by the owners
by reason of the taking of said land.
VI.
The land subject of the taking is as follows:
2191 square feet out of Lot 7, Block 15, Edgewater Terrace, as
described in the attached Exhibit "A', excluding the oil and gas
fights.
ccb%4435%CONDEMN. I I 0
(Johnson Condcmnafion) 85 2
VII.
The Special Commissioners find that the City of Corpus Christi, as Condemnor, offered to
pay $5450.00 to the property owners before these proceedings began. After hearing and
consideration of all such evidence, said Special Commissioners did find and determine and
accordingly assess damages to be paid by the City of Corpus Christi according to the role of
damages set forth in the Texas Property Code, the amount of T~4~7--Et~k'I- 'T'Fx~n~5~w-o
for said property to the owners.
Signed this the 3rd day of Decemher, 1999.
SPE L OMM IO
APPROVED AS TO FORM:
Carol Estes y ~
Attorney F intiff
E ' [.G r.
c~b~1435\CONDEMN. I I 0
(Johnson Condcrnnation} 3
86
N'tJEC'ES CO~-3596-01-.002-PARr".~- 29
l OF2
Spur 3 Phase |1
BEING a 203.5 square m~t~r (2,191 square ferr) Tact of land, more or l~. and pan of
Lot 7, Block 15, Edgew~r,'r Tarac,- subdivision, as n~oni~i in Volum~ 7, Pnge~ 3g-39,
Map Reco/ds, Nueces County, Tvrn~. being tie same Ixopcrt7 described in deed flora Iran
Wood to John L. lohnson, and wife. 1anez L Ioh-~n. daXed Mamh I, 1983 recozded in
Volume 1856, Page 598, De~ Record.% Nuec~ County, T~..~
Said 203.6 square rafter (2,191 square fee~) Izac~ being more parcic~,i-rty described by
metes and be,rod'= as follows:
a)
(2)
(3)
BEGINNING at a 15 M iron rod witi A/mum Cap sct on the con-non llne of
Lois 7 and 8 of said Block 15 and on the proposed northwesterly right of way line
of Spur 3 (~n-~s Joslin Road) for the north corner ofth{~ wacl;
T!I'FNCE: South 38~ 34' 27" l:~-t, witi said common line of Lots 7 ami 8, ·
dismr= of 9.697 m~ers (31.82 re=t) to a set 15 M izon md witi AJ,,m;,--- Cap
Eound az tie common easmrly c~rner ofsaid Lo~s 7 ~.a 8, on tie aisting rigtg of
way line of~--~ Ioslin Road ,,d on a 118.113 mcter (387_~1 __~_) cin--l,~ curve
whose center b~xs N 4~° 40' 0T' W for the east comer ofthi_~ tract;
TN~.NCE: sour/nvesr=iy with mid e=isting right of way line of
Road and ~id cirv,!nr curve m the right, ~'ough a c=nwal angle of 14° 42' 09", an
stg distance of 30.309 mer=s (99.4~ feel) and a chc~i beming err 50° 41)' 5T W,
30.225 memr~ (99.17 fea) to a found I5 M iron red az the common southerly
comer efLo= 6 and 7, Block 15, for the most soufirefly comer offh{~ n-ac~
TNk'~CE: North 38" 52' 41" West. witi said corr'r"on lln: of Lore 6 and 7, a
disiance of 2. 476 mem:m (8.12 fi~) to a 15 M iron rod witi A/mum Cap set en
the proposed nonhwes~;erly right of way line of said Spur 3 (Etm~ loslin Road)
fer tie nonhwesra:riy 'comer of this trn~ ~ which a 15 M izon rod with
Altoninure Cap se~ al the common northerly corner of said Lols 6 and 7, bess
N 38° 52' 41" W, 70.904 m~x:rs (232.62 fe~t);
TWI~-NCE: North 37~ IT 34" ~:.,-r. witi said proposed ri[]ht of way line of said
Spur 3 (Funis losiin Road), a disrznce of 31.180 mcm's (10230 fcc0 to th~
POINT OF BEGINNING, and containins 203.6 squar~ menera (2,191 squa~
f~) of land more or Icss.
D:%4184%1 )0%nYad~Pazcet29.mbd
April 7, 1999
87
NAISMITH ]~~G, INC.
Raul A. Castillo, 1LP.L.S. #5061
D:~41 S41130%mixis%Pan-"~__ lg.mtxt
April 7. I~99
88
~5ET 15 M IR W/
ALUMINUM CAP
\f-
· '~r ~' \ ~
~. R.O.W. ~;
2.4T~m (8.12' } ~
DEL OSO RD.
--SET 15 M IR W/
/,Or 7
JI~N L, JOHNSON, ET UX \
VQL. 1856 PG, 598
0,.R-N,C,T,
POINT OF " \
..6,NNiN."",,, \
PARCEL 29
203.6 142
2,191 SO. FT.
ALUMINUM CAP
y "/:sn'i5 u
./' N.,UMJNUM CAP
15 M JR/rill
4M,,UM|NUI4 ,gAP
,r,OT <'t
/ \
t,,,,..~.Q LEGEND
O RON ROD FC
IRON ROD
'% · ~i.t.~INUM CA
CURVE DESr.,NATIONS SHOWN '
CORRESPOND TO TX00T ·FOUNO IRON
R.O.W. MAP FOR SPUR 3. X DRILL HOLE
O FOUND
BEARINGS .ARE BASED ON THE CENTERLINE
OF SPUR ..l BETWEEN A 8RIOGE SPIKE SET
AT P.T. STA. 33,543.3008 AND P.C. STA.
33*676.2334 8EING N 37' 17' 34" E, GRD REARING.
THIS MAP REPRESENTS A BOUNDARY SURVEY
MADE UPON THE CROUND ON OCTOBER 12, 1994
AND SEPTEMBER 17, ~996 UNOER MY
,~IJPERVtS1QN.
RAUL a. CASTILLO. R.P.L.. NO 5061
NA.IS},iITH ENGINEERING.
NU(CES COUNTY: 3596.-OI-002; PARCEL. 2S
SURVEY OF A 203,6 SOUARE liTER TRAC
OUT OF LOT 7. 8LOCX 15, EDGEWATER It.l~R,
A~ RECORDED tN VOLUME 7, PAGES 38-3S
MA° RECORDS NUECES COUNTY TEXAS.
12
CITY COUNCIL
AGENDA MEMORANDUM
December 8, 1999
AGENDA ITEM: Motion accepting the donation of 72.423 acres of land by N.O.
Simmons & Associates, Inc. and authorizing the City Manager, or his designee, to
execute Acceptance of the Gift Deed and Assignment of Reservation of Claims.
ISSUE: Mr. N. O. Simmons, whose company has built homes here in Corpus
Christi and the surrounding area for a number of years, has offered to donate 72.423
acres adjacent to the Las Colonias Subdivision on Saratoga for public purposes.
Only the City Council has the authority to accept donations to the City.
CONCLUSION AND RECOMMENDATION: We believe that Mr. Simmons' offer is
extremely generous and that the City Council should accept the donation. We would
propose to hold the land for a possible housing, park, or other future public use.
W. Thomas Utter
Assistant City Manager
91
BACKGROUNDINFORMATION
Mr. N. O. Simmons has built homes in the Corpus Christi area and the Valley for a
number of years. Locally, he is the developer of subdivisions both in Ingleside and
Corpus Christi, including the Las Colonias Subdivision on Saratoga (see attached
map).
Mr. Simmons has decided to cut back on his activities and is in the process of doing
his estate planning. He has offered to donate to the City of Corpus Christi
approximately 72 acres located immediately adjacent (north) to the Las Colonias
subdivision, Mr. Simmons is donating land to several cities in the Valley also at this
time. We believe that the donation is extremely generous and we would request that
the City Council approve the donation by motion.
Staff would propose to hold the land for future public use, which could include
moderate income housing, parks and recreation, or any number of other uses. As
part of the acceptance of the donation, there is also an assignment and reservation
of claims which Mr. Simmons' company has in the class action suit styled Benavidez
v. Chemica/ Waste Management, eta/.
93
//,~ Tract to be Donated
/
..~ -:
GREENWOOD DR,
Richard E. Hint
Direct Dial (361) 86t-1116
Pearson & Price
A Professional Limited Liability Company
Attorneys at Law
Suite 1700 South Tower
800 North Shoreline Boulevard
Corpus Christi, Texas 78401
Telephone (361 ) 885-0077 Facsimile (361 ) 885-0288
November 22, 1999
Mr. Tom Utter
Assistant City Manager
City of Corpus Christi
1201 Leopard Street
Corpus Christi, Texas 78401
Dear Mr. Utter:
I made the changes requested by the City Attorney's office to the Gift Deed from
N. O. Simmons & Associates, Inc. to the City of Corpus Christi. Mr. Simmons has now
executed that Deed on behalf of N. O. Simmons & Associates, Inc.
I am enclosing the original of the Gift Deed executed by N. O.. Simmons &
Associates, Inc. along with the Assignment and Reservation of Claims. The Gift Deed is
tendered to the City conditioned upon the following:
1. the City Council accept the gift and authorize the execution of the Gift
Deed and the Assignment and Reservation of Claims on behalf of the City;
2. the City execute the Assignment and Reservation of Claims and return it
to me; and
3. the transaction be completed by December 15, 1999.
Please let me hear from you at your earliest convenience.
Rib!hard E. Flint
REF:dld
Enclosures
95
Mr. Tom Utter
November 22, 1999
Page 2
cc: Mr. Jimmy Bray
City Attorney
Utter L 11~22-99.doc
Utter L 11-22-99.doc
96
ST~.TE OF TEXAS §
COUNTY OF NUECES §
GIFT DEED
KNOW ALL PERSONS BY THESE PRESENTS:
THAT, N. O. Simmons & Associates, Inc. (together with its successors, and
assigns are herein called "Grantor") whose mailing address is 167 E. Price Road,
Brownsville, Cameron County, Texas 78521, for and in consideration of the agreement
by Grantee to use the Land described below for public purpose, has GIVEN, GRANTED
and CONVEYED, and by these presents does hereby GIVE, GRANT and CONVEY unto
the City of Corpus Christi (together with its successors and assigns are herein called
"Grantee") for use solely for public purposes, whose mailing address is 1201 Leopard
Street, Corpus Christi, Nueces County, Texas 78401, all of the following described
property (the "Property"):
a. Land. The surface estate of the real property (the "Land") located in Corpus
Christi, Nueces County, Texas, described on Exhibit "A" attached hereto.
b. Improvements. Grantor's right, title and interest in improvements, if any,
located on the Land (herein called the "Improvements").
c. Rights and Appurtenances. The benefits, privileges, easements,
tenements, hereditaments and appurtenances thereon or in anywise appertaining
thereto, if any (herein called the "Rights and Appurtenances") including but not
limited to the following:
(1) All rights, privileges, tenements hereditaments, rights-of-
way, easements, appendages, appurtenances, water, riparian or lateral rights
belonging or in anywise appertaining to the Land and Improvements.
(2) All rights, ,titles and interest of Grantor in and to any roads,
ways, strips or gores of land adjhcent to any of the Land.
This conveyance is made and accepted, however, subject to the following
qualifications (the "Oualifications"):
1. Exceptions. Any and all restrictive covenants, easements, if any,
held or owned by others, relating to the Property described herein, but only to
the extent they are still in effect and are shown of record in Nueces County,
Texas. No mineral interest are included in this conveyance and said conveyance
is made subject to all oil, gas, and other mineral reservations and conveyances
relating to the Property described herein, and any remaining minerals, if any, are
GIFTDEED 97
reserved to the Grantor herein. Furthermore, it is expressly understood that
Grantor shall retain and reserve for itself all right, 'title, and interest, whether
accruing in the past or in the future, in any monetary compensation arising from
or related to a loss of value to the Property herein as determined from existing
litigation whether by trial or settlement, all of which is more fully described in
the Assigrunent and Reservation of Claims executed on the 171:h of November,
1999.
2. Other Matters. Visible and apparent, but unrecorded easements, if
any; rights of parties in possession, if any; prescriptive rights; encroachments or
overlapping of improvements; and discrepancies, conflicts or shortages in area or
boundary lines; and lack of or impaired access.
Property,
municipal
Property.
Laws and Regulations. All laws and regulations affecting the
including zoning laws, platting laws, environmental laws and
and governmental ordinances and regulations, relating to the
4. Taxes.. The liens for all governmental assessments, standby fees
and ad valorem taxes for the year 2000 and all subsequent years. Grantor shall
assume and pay taxes for 1999.
5. "As Is". Other than the special warranty of title conta~ed herein,
Grantor sells the Property and Grantee purchases and accepts the Property "AS
IS", and Grantee assumes all risks thereof and acknowledges that GRANTOR
MAKES NO WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, OR
ARISING BY OPERATION OF LAW, INCLUDING ANY WARRANTY OF
MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, OF
THE PROPERTY, OR ANY PART THEREOF. By acceptance hereof Grantee
waives any and all such warranties, and acknowledges that in no event shall
Grantor be liable for any consequential damages. Without limiting the generality
of the foregoing, the conveyance of the Property is without any warranty relating
to: (a) the condition of the Property or any element thereof, including, without
limitation, warranties related to suitability for habitability, merchantability or
fitness for a particular purpose; Co) the nature or quality of construction,
structural design and engineering of the Property; (c) the quality of the labor and
materials included in the Property; and (d) the soil conditions, drainage, utilities
or other conditions existing at the Property with respect to any particular
purpose, developmental potential or otherwise. Grantee expressly waives, to the
extent allowed by law, any claims under federal, state or other law that Grantee
might otherwise have against Grantor relating to the condition of the Property.
Grantee further hereby acknowledges that Grantee is relying solely upon
Grantee's own physical inspection of the Property and not any statements, oral or
written, which may have been made by Grantor or any of Grantor's agents,
-2-
GIFTDEED
98
employees or contractors, in consummating the conveyance of the Property.
Grantee waives and releases Grantor and Grantor's successors and assigns from
any liability to Grantee and Grantee's successors and assigns, for the condition of
the Property, known or unknown, present and future, including liabilities, if any,
due to the existence, now or hereafter, of any hazardous materials or hazardous
substances, on the Property and due to the existence, now or hereafter, of a
violation, if any, of any Laws and Regulations.
To the extent allowed by Texas law and constitution, Grantee agrees to
indemnify and hold Grantor and Grantor's successors and assigns harmless from
all claims and liabilities of every kind, known or unknown, fixed or contingent,
asserted against Grantor or Grantor's successors and assigns at any time after the
date hereof, arising out of the ownership, construction, occupancy, operations,
use and maintenance of the Property prior to the date hereof or after the date
hereof, including arising out of the sole, joint or concurrent negligence (whether
active or passive, gross negligence or strict liability) of Grantor or of Grantor's
successors and assigns, whether from the maintenance or supervision of the
Property, the activities on the Property, the existence, now or hereafter of
hazardous materials or substances on the Property, or due to a violation, now or
hereafter, of any environmental laws, rules, regulations or ordinances, or
otherwise.
TO HAVE AND TO HOLD the above-described premises, together with
all and singular the rights and appurtenances thereto in anywise belonging, unto
Grantee, Grantee's successors and assigns forever; and Grantor hereby binds
Grantor, Grantor's assigns, to warrant and forever defend all and singular the
said premises unto Grantee, Grantee's successors and assigns, against every
person whomseover lawfully claiming or to claim the same or any part thereof
by, through or under Grantor, but not otherwise, subject to the qualifications
referenced hereinabove.
Effective this 17th
~dayof November ,1999.
GRANTOR:
N. O. SIMMONS & ASSOCIATES, INC.
GIFT DEED
-3-
99
GRANTEE:
CITY OF CORPUS CHRISTI
David Garcia, City Manager
STATE OF TEXAS §
COUNTY OF NUECES §
This instrument was acknowledged before me on the 17th day of November
1999, by N. O. Simmons, the President of N. O. Simmons & Associates, Inc., a Texas
corporation, on behalf of said corporation.
STATE OF TEXAS §
COUNTY OF NUECES §
This instrument was acknowledged before me on the day of
· 1999, by David Garcia, the City Manager of the City of Corpus Christi,
a Texas municipal corporation, on behalf of said corporation.
NOTARY PUBLIC, State of Texas
GIFT DEED
-4-
100
EXHIBIT A
STATE OF TEXAS
COUNTY OF NUECES
FIELDNOTE DESCRIPTION of a portion of the William j. Robertson 508.37 acre tract
out of the Rincon Del Oso Grant, Abstract No. 1, Nueces County, Texas, and being
that same tract described in Volume 1553, Page 476, Deed Records Nueces, County,
Texas.
COMMENCING at the south corner of said William J. Robertson tract, also being
the east corner of a 1,852.83 acre tract as described in Volume 90, Page 436,
Deed Records, Nueces County, Texas, from whence a drill hole bears S 28o00'00''
W, 20.00 feet, said drill hole being 0.34 feet northeasterly measured at right
angles, from the centerline of Saratoga Boulevard (State Highway No. 357);
THENCE, along the northeasterly boundary line of said 1,852.83 acre tract and
the southwesterly boundary line of said William J. Robertson tract, N 60052'00"
W, 2,692.44 feet to a point from whence a drill hole bears S 29°00'10" W, 32.96
feet, said drill hole being northeasterly 0.95 feet measured at right angles
from the centerline of said Saratoga Boulevard;
THENCE, N 29°00'10'' E, 776.09 feet to a point for the POINT OF BEGINNING and the
southwest corner of this tract;
THENCE, N 29°00'10'' E, 2,160.75 feet to a point, said point being the centerline
of La Volla Creek, for the northwest corner of this tract;
THENCE, along the meanders of said centerline the following courses and
distances:
S 34~19'55'' E, 105.11 feet;
S 18°43'31" W, 157.73 feet;
S 43°16'08'' E, 186.40 feet;
S 81o34'30'' E, 133.58 feet;
S 6°11'29'' E, 59.40 feet;
THENCE, S 60o59'50'' E, 194.27 feet to a point on the centerline of said creek;
THENCE, continuing along said meanders, the following courses and distances:
N 60°16'11" E, 45.31 feet;
S 56°43'04'' E, 231.21 feet;
N 84°36'28" E, 194.24 feet;
101
S 22017'35" E, 212.62 feet to a point, said point being the start of a curve to
the left having a radius of 300.00 feet and a central angle of 23°36'49";
THENCE, along said curve, 123.64 feet to the centerline of said creek;
THENCE, continuing along said meanders, the following courses and distances;
S 49°44'25" E, 177.10 feet;
S 5~37'31" W, 147.02 feet;
S 9050'54" E, 476.68 feet;
S 10°25'35" W, 169.17 feet;
THENCE, S 9o30'00'' E, 205.36 feet to the centerline of said creek;
THENCE, continuing along said meanders, the following courses and distances;
N 72°23'54" E, 110.70 feet;
N 81°38'00" E, 62.44 feet;
S 21°22'11'' E, 104.09 feet;
S 44°12'55" W, 155.83 feet;
S 2°15'19'' W, 67.95 feet;
S 35°14'02" E, 175.65 feet;
S 25°19'02" W, 85.00 feet;
S 77°35'41" W, 88.32 feet;
S 87o29'36'' W, 30.22 feet to a point, said point being on a curve to the left
having a radius of 700.00 feet and a central angle of 18°32'25" and also being
on the northeast boundary line of Las Colonias Subdivision Unit 3 as shown by
map recorded in Volume 51, Pages 107, and 108, Map Records, Nueces County,
Texas, for the southeast corner of this tract;
THENCE, along said curve and boundary line, 226.51 feet to a point, for an
interior corner of this tract;
THENCE, continuing along said boundary line, N 9°30'00" W, 60.00 feet to a
point, said point being the most northerly corner of said subdivision, for an
interior corner of this tract;
THENCE, S 80°30'00" W, 107.15 feet to a point for an exterior corner of this
tract;
THENCE, S 9°30'00" E, 50.00 feet to a point, said point being on the most
northerly boundary line of Lot 1, Block 5, said subdivision and also being the
start of a curve to the right, for an interior corner of this tract;
THENCE, along said curve having a radius of 80.00 feet and a central angle of
29°46'59", 41.59 feet to a point, said point being the most northerly corner of
said subdivision, for an interior corner of this tract;
102
THENCE, along said subdivision boundary line, S 1°00'00" E, 115.97 feet to a
point, said point being an interior corner of said subdivision and the southeast
corner of this tract;
THENCE, along the north boundary line of said subdivision, N 60°59'50" W,
1,100.23 feet to a point, said point being the northwest corner of said
subdivision and on the west right-of-way line of Calle Las Colonias Drive, for
an interior corner of this tract;
THENCE, along said west right-of-way line, S 29°00'10" W, 625.00 feet to a point
for the most southerly corner of this tract;
THENCE, N 60°59'50" W, 1,050.00 feet to the POINT OF BEGINNING.
CONTAINING: 72.423 acres, more or less.
Note: Not Surveyed on the Ground.
103
Assignment and Reservation of Claims
State of Texas §
County of Nueces §
WHEREAS N. O. Simmons & Associates, Inc. is a Plaintiff in certain litigation
involving alleged environmental damage to the surface and sub-surface estate of real
property in Corpus Christi, Texas, more specifically described in Cause No. 95-4968-C,
styled Benavidez v. Chemical Waste Management, et al, and other cases related thereto
and consolidated therewith;
WHEREAS N. O. Simmons & Associates, Inc. desires to give certain real property
in Corpus Christi, Nueces County (such property is described in attached Exhibit "A"
and referred to herein as the "Property") to the City of Corpus Christi for public
purposes;
WHEREAS, the City of Corpus Christi would like to have N. O. Simmons &
Associates, Inc. convey the Property by gift deed to it for public purposes;
WHEREAS, N. O. Simmons & Associates, Inc. desires to reserve from any gift
deed all right, title and interest in any claims for damages to the Proper~ that have
occurred up to the date of the gift deed; desires that the City of Corpus Christi assign to
it any claims accruing to it as owner of the Property that may arise in the future as
continuing damages and that arising from an act or omission that occurred prior to the
execution of the gift deed; and requests that the City of Corpus Christi consent to such
reservation in the gift deed and enter into such assignment of claims; and
WHEREAS the City of Corpus Christi consents to N.O. Simmons and Associates,
Inc.'s reservation of claims in the gift deed and also agrees to assign to N. O. Simmons &
Associates, Inc. any of its right, title, and interest in any claims for continuing damages
that may accrue to it in the future as a result of an act or omission that occurred prior to
the execution of the gift deed.
NOW, WHEREFORE in consideration of N. O. Simmons & Associates, Inc.
executing a gift deed in the form attached hereto as Exhibit "B" conveying the Property
to the City of Corpus Christi for public purposes, the City of Corpus Christi does hereby
agree as follows:
1. The City of Corpus Christi accepts the gift of Property described in said gift
deed and acknowledges by its execution of said gift deed as Grantee and by its further
execution of this document that N. O. Simmons & Associates, Inc., has reserved and
excepted from the conveyance represented by the gift deed any and all claims that are
Assignment of Claims & Release
104
involved in Cause No. 95-4968-C, styled Benavidez v. Chemical Waste Management, et
al. that have arising to this date, and the City of Corpus Christi does hereby release and
assign to N. O. Simmons & Associates, Inc. any and all right title and interest in such
claims.
2. The City of Corpus Christi does also hereby assign, transfer and convey to N.
O. Simmons & Associates, Inc. any and all of its rights, title and interest in any and all
claims that it may acquire as owner of the Property and w~ch may arise in the future as
continuing damages from an act or omission that occurred prior to the execution of the
gift deed.
In witness thereof this instrument is executed this the ~ day of
1999.
Approved as to legal form, this the _
City of Corpus Christi, Texas
1201 Leopard Street
Corpus Christi, Texas 78401
By:
David Garcia
City Manager
day of {9~ 6 ~' ,1999.
J Bray, ~ityAtto~m
-2-
105
State of Texas §
County of Nueces §
This instrument was acknowledged before me on this day of
· 1999, by David Garcia, City Manager, the City of Corpus Christi,
Texas, a Municipal Corporation, on behalf of said Municipal Corporation.
Notary Public, State of Texas
-3-
106
13
CITY COUNCIL
AGENDA MEMORANDUM
December 3, '1999
AGENDA ITEM: Authorizing the City Manager to execute an agreement with the
Corpus Christi Downtown Management District in the amount of $90,000 for
assistance in downtown development and redevelopment activities.
BACKGROUND INFORMATION: Over the past several years, the City has
provided $100,000 per year to assist the Downtown Management District's
(DMD) development and redevelopment activities in the downtown. The 1999-
2000 City budget contains $90,000, which has been appropriated for this
purpose. Traditionally, we have provided the funds on an annual basis to the
DMB during January, which represents approximately six months into the fiscal
year.
CONCLUSION AND RECOMMENDATION: The DMD has proven to be a very
positive influence in the redevelopment of the downtown. City staff supports the
DMD and recommends that the City Council move forward to approve this
contract which is in conformity with the existing adopted City budget.
W. Thomas Utter
Assistant City Manager
107
November 9, 1999
RECEiVeD
NOV 11 7999
CITY MANAGER'S OFFICE
Mr. Tom Utter
City of Corpus Christi
1209 Leopard Street
Corpus Christi. TX 78401
Dear Mr. Utter,
In the past, the City of Corpus Christi and the Corpus Christi Downtown Management District
(DMD) have entered into contract for funding to be distributed to the DMD for edministrative
expenses. This year, the City Council budgeted $90,000 for this purpose. We apprecjate this
very much.
At this time, I am requesting the contract be renewed to expedite the issuance of the $90,000.
If you have any concerns about this, please let me know.
Norma Urban, president
Corpus Clvisti Downtown Management District
CO:
c~avid Gari:ia, City Manager
Ken Griffin, chairman, Corpus Ch~sti Downtown Management District
George Placke, treasurer, Corpus Christi Downtown Management District
410 PEOPLES ST. * CORPUS CHRISTJ ° TEXAS 78401 " 361-882'2363 * FAX 361-884-9591
108
STATE OF TEXAS
COUNTY OFNUECES
AGREEMENT
KNOW ALL MEN BY THESE PRESENTS
THIS AGREEMENT, made and entered into the CITY OF CORPUS CHRISTI,
TEXAS, hereinafter called the "City"), and CORPUS CHRISTI DOWNTOWN
MANAGEMENT DISTRICT, (hereinafter called t he "District").
Term, The term of this Agreement shall commence on August 1, 1999 and
continue through July 31, 2000,
Records. District agrees to record revenues~ expenditures, and a balance sheet
on a monthly basis, and financial statements shall be prepared annually in
accordance with generally accepted accounting principles, all of which
documents and records shall be made available to City upon request.
The District agrees to assist the City of Corpus Christi in its downtown
redevelopment and redevelopment activities, and coordinate its activities with the
City of Corpus Christi.
Compensation. City agrees to pay to District during the term of this agreement
the sum of $90,000, which amount shall be paid on January 1.
Notices. All notices, requests, or communications relating to this Agreement
shall be made in writing and may be given by (i) depositing same in the United
Sates Mail, postage prepaid, return receipt requested, addressed as set forth in
this paragraph; or (ii) delivering the same to the party to be noticed. Notice given
in accordance with (i) hereof shall be effective upon deposit in the United States
Mail. The notice addresses of the parties hereto shall, until changed, be as
follows:
City of Corpus Christi, Texas
1201 Leopard Street
P. O. Box 9277
Corpus Christi, TX 788469-9277
Attn: City Manager
DISTRICT:
Corpus Christi Downtown Management District
410 Peoples Street
Corpus Christi, TX 78401
Attn: President
109
SeverabilitV. In the event that any section, subsection, or paragraph of this
Agreement is held to be invalid or unenfomeable by a court of competent
jurisdiction, such termination shall not affect the remainder of this Agreement and
the same shall be given full force and effect as if said invalid section, subsection,
or paragraph had not been included herein.
Amendments or Countemarts. No amendments, modifications, or other changes
in this Agreement shall be valid or effective absent the written agreement of the
parties hereto. This Agreement may be executed in one or more counterparts,
each of which shall be deemed an original and all of which shall constitute but
one and the same instrument.
Any breach of this Agreement now or through the term shall render the
Agreement null and void.
EXECUTED this __ day of
first day of August, 1999.
1999, binding the respective parties, the
ATTEST:
CITY OF CORPUS CHRISTI
City Secretary
By:
David R. Garcia, City Manager
APPROVED AS TO LEGAL FORM THIS
DAY OF
James R. Bray, City Attorney
CORPUS CHRISTI DOWNTOWN
MANAGEMENT DISTRICT
By:
President
110
14
CITY COUNCIL
AGENDA MEMORANDUM
AGENDA ITEM:
Motion adopting the timetable for the FY2000 Consolidated Plan/Annual Action
Plan that is the planning and application process for the Community Development
Block Grant (CDBG), HOME Investment Partnerships (HOME) and Emergency
Shelter Grants (ESG) programs.
Motion reaffirming Community Development Block Grant (CDBG) Program
objectivesand guidelines as previously adopted by the City Council on March
22, 1994 (021901).
REQUIRED COUNCIL ACTION: Adopting the timetable for the FY2000 Consolidated
Plan/Annual Action Plan (CP/AAP) and reaffirming Community Development Block
Grant (CDBG) Program objectives and guidelines as previously adopted by the City
Council.
RECOMMENDATION: Staff recommends adoption of the timetable for the FY2000
Consolidated Plan/Annual Action Plan process and reaffirming the Community
Development Block Grant Program objectives and guidelines.
IMPLEMENTATION SCHEDULE: FY2000 CP/AAP Timetable
W. Thomas Utter
Assistant City Manager
ADDITIONAL SUPPORT MATERIAL
Background Information
111
AGENDA MEMORANDUM
BACKGROUND INFORMATION
Agenda Item:
Each year the City Council approves the upcoming Community Planning and
Development Grant Programs planning and an implementation calendar. The
CP/AAP is the application for funding under the community planning and
development formula grant programs administered through the U.S. Housing and
Urban Development (HUD) that include the Community Development Block Grant
(CDBG), HOME Investment Partnerships (HOME), and Emergency Shelter Grants
(ESG).
HUD regulations require the development of a f'n/e-year strategy that will bring
needs and resources together and must be developed to achieve the goals that will
principally serve low to moderate income persons and to provide decent housing,
a suitable living environment and expand economic opportunities. Because the
year 2000 census will not be available, a three-year plan will be developed that will
identify the needs and resources for this pedod. Once the new census information
is available, a new five-year plan will be prepared. ,-
The FY2000 CP/AAP must be submitted by June 16, 2000.
The Annual Action Plan (AAP) will be included in the three-year Consolidated Plan.
The AAP will descdbe the activities and projects to be assisted with FY2000 funds
received under the CDBG, HOME and ESG Programs and other programs that help
meet housing and community development objectives.
The proposed schedule enclosed as Attachment "A" provides a comprehensive list
of activities. Key dates are:
February 11, 2000
March 8, 2000
April 25, 2000
June 9, 2000
- Proposals for CDBG and ESG Programs Due Date
- Planning Commission Public Hearing
- City Council Public Hearing
- Consolidated Annual Action Plan submission to HUD
As in the past, neighborhood/nonprofit meetings will be conducted in late January
and February. Meeting notices and requests for proposals will be published and
mailed to interested organizations. Information will be forwarded to the local media
to increase citizen participation. The adopted schedule will also be added to the
City's Internet Home Page.
112
Over the 25 years of the CDBG Program, the City Council has gradually developed
a concise set of City Council policies for the CDBG Program. In Mamh '1994, these
policies were formally codi~ed into the policies and general rules and procedures
of the City Council. Each year at the beginning of the CDBG Program staff brings
these policies back to the City Council for affirmation for their continued use. Staff
believes that these policies are precise enough while still allow flexibility for
programs and have served the Council and the City extremely well over the years.
Staff recommends the Council reaffirming the Community Development Block Grant
Program objectives and guidelines enclosed as Attachment "B."
Agenda/00SCHED
Attachment:
FY2000 CP/AAP Timetable
Community Development Block Grant Program Guidelines
113
January & February
January 9
February 11
February 17
February20
March 3
March 8
March 15 or March 29
April 2
April 3
April 25
May 5
May 9
May 18
May 21
May 22
June 9
ATTACHMENT "A"
HOUSING & COMMUNITY DEVELOPMENT
COMMUNITY PLANNING & DEVELOPMENT PROGRAM (CPD)
CONSOLIDATED ANNUAL ACTION PLAN SCHEDULE (AAP) FOR FY2000
Preliminary Planning/Neighborhood/Agency Presentations
Publish Neighborhood/Agency Mtgs/FY2000 Request for Proposals
Proposals Due
Submit publication notice of Planning Commission/City Council
Public Hearings on the Proposed FY2000 Consolidated Annual Action
Plan & Program Information, i.e., funds to be received, program
income, activities to be undertaken and estimated amount of benefit to
Iow/mod. income persons, to Caller-Times.
Publication of Planning Commission/City Council Public Hearing on
the Proposed FY2000 Consolidated Annual Action Plan.
Forward Materials to Planning Commission
Planning Commission - Public Hearing on Proposed FY2000 AAP
(Special Meeting)
Planning Commission - Adoption of Final Recommendation
Publication - FY2000 Consolidated Annual Action Plan Summary and
notice of City Council Public Hearing
Citizens Comment Period Starts
City Council Public Hearing - Proposed FY2000 Annual Action Plan
(Staff & Plan. Comm. Recommendations) Projects and facilities
adopted tentatively by Council.
End of Comment Period for FY2000 Consolidated Annual Action Plan
City Council Adoption - FY2000 Consolidated Annual Action Plan
Submit Final FY2000 Consolidated Annual Action Plan Summary &
Proposed Use to Caller-Times
Publication of Final FY2000 Consolidated Annual Action Plan
Summary/Request for Release of Funds
Notify Oouncil of Governments (COG) of FY2000 CDBG Projects
(Executive Order 12372 Requirement)
Submit FY2000 Consolidated Annual Action Plan to HUD
(Due by June '16)
114
ATTACHMENT "B"
RESOLUTION - MARCH 22, 1994
021901*
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
Through the Community Development Block Grant Program, the City Council provides for
the development and preseNation of a viable urban community, a suitable living
environment, decent housing and expanded economic opportunities, principally for persons
of low and moderate income, and aids in the prevention or elimination of slums and blight.
The City carries out its objectives by providing for appropriate Streets and drainage,
housing, recreational opportunities, neighborhood preservation, and revitalization, and
economic development as needed. To ensure that these objectives are achieved, the
following guidelines shall be as follows:
No Community Development Block Grant Funds be authorized to applicant
agencies for the support of operating expenses.
No capital grants will be made without sufficient evidence of the financial
capacity of the applying agency to operate the program.
Priority will be given to those applying agencies that make substantial new
capital contributions to the project for which they are seeking funds.
Housing shall be maintained as the top priority for the CDBG program as well
as placing greater emphasis on public infrastructure (City) in CDBG eligible
tracts.
e. No individually funded CDBG project will be eligible for future CDBG funding
for a minimum of two years from the date of its last funding. (This excludes
projects which are specifically staged for several years of CDBG funding
such as a street project which has its engineering funded one year and its
construction the next.)
* Adopting Policies and General Rules{and Procedures of the City Council
115
15
AGENDA MEMORANDUM
DATE: December 10, 1999
ITEM: A Resolution amending the City' s Investment Policy to allow contracts with investmere
management finns to provide for the investment and management of public funds and adopting the
City's Investment Policy, as amended.
ISSUE:
The Texas Legislature recently adopted an amendment to the Public Funds Investment Act (PFIA)
to allow a governing body to approve contracting with investment management firms for the
management of City funds. The Investment Comraittee has not yet determined if k would be
desirable for the City to take advantage of this amendment_ However, the City' s Investment Policy
must be eraended prior to contracting for investment management services. Also, the City Council
is required to review the Investment Policy on or before December 3 1 of each year.
REOUIRED COUNCIL ACTION: The Public Funds Investment Act requires the governing body
to formally adopt any amendments to the City' s Invesu~ient Policy as well as review the policy on or
before December 3 1 of each year.
BACKGROUND INFORMATION: The City's Inve~haent Comrnktee met on November 27,
1999 to review proposed amendments. The City's Investment Committee voted to submit the
proposed amendments for adoption by City Council. A summary of the proposed amendments is
presented in Exhibit I.
RECOMMENDATION: The City's Investment Committee recommends adopting the Resolution
eraending the City' s Investment Policy to allow contracts with investment management firms to
provide for the investment and management of public funds and adopting the City' s Investment
Policy, as amended.
' Mary E. Su~(an '
Director of Finance
Attachments: Exhibit I - Summary of Proposed Amendments
Resolution
H:XFin-diiL~Shar~[~ihnmS~g~zlaXINVS'I'MEM
117
A RESOLUTION --
AMENDING THE CITY INVESTMENT POLICY TO ALLOW CONTRACTS
WITH INVESTMENT MANAGEMENT FIRMS TO PROVIDE FOR THE
INVESTMENT AND MANAGEMENT OF PUBLIC FUNDS UPON CITY
COUNCIL APPROVAL AND ADOPTING THE CITY INVESTMENT
POLICY AS AMENDED.
WHEREAS, the City of Corpus Christi Investment Policy was adopted in Resolution No.
022390 on October 24, 1995~ amended in Resolution No. 022980 on July 8, 1997; amended in
Resolution No. 023133 on November 18, 1997; and amended in Resolution No. 023472 on October
27. 1998;
WHEREAS, the Texas Legislature recently adopted an amendment to the Public Funds
Investment Act to allow a governing body to approve contracting with an investment management
firm for the management of its funds;
WHEREAS, City of Corpus Christi Investment Committee reviewed the proposed
amendments to the Investment Policy identified in the attached summary and recommends that the
City Council amend the City Investment Policy;
WHEREAS. as provided in Section 11. C. of the Investment Policy, the City Council must
review the Investment Policy on or before December 31 of each year.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF CORPUS CHRISTI, TEXAS:
SECTION 1. ]'he City Investment Policy is hereby amended and adopted. A summary of
the amendments is attached and incorporated as Exhibit I. A copy of the amended City Investment
Policy is attached and incorporated as Exhibit II.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa. City Secretary
Approved this the c~ day of ~Z2~~
James R. Bray, Jr.. City Attorney
Assistant City Attorney
Samuel L. Neal. Jr.. Mayor
The City of Corpus Christi
.1999.
118
EXHIBIT I
Summary of Proposed Amendments
The Legislature mended the Public Funds Investment Act (Act) during the last legislative
session. The Act ~equires amendments to be adopted by the governing body and are listed below.
The proposed Investment Policy as amended is attached.
Addition: Section HI on page
D. for an investment firm registered under the Investment Advisers Act of 1940 (15
U.S.C. Section 801>.1 et seq.) or, if not subject to r~gistration under that Act, registered
with the State Securities Board, a person who is an officer or principal of the investment
management firm.
Change: Section V on page 9
Fund 148 - Choke Canyon Fund changed to fund 4050. Fund 300 - Debt Service Fund
changed to fund 2010. Fund 445 - Utility Refunding changed to 4400. These changes
were due to unplementmg the new People Soft financial management system.
Change: Section VII on page 12
The City Council may cuntract with an/nvesUnent management fm registered under the
Investment Advisors Act of 1940 (IS U.S.C. Section g0b-I et seq.) or with the State
Securities Board to provide for the investment and management of public funds or other
funds under its control. A conwact nmde under authority of this subsection may not be for
a term longer than two years. A renewal or extension of the con~xact must be made by the
City Council by ordinance or resolution.
Change: Section VII on page 13
If the Investment Officer desires to attond an investment miming seminar presented by
another orgamzation for training credit, such seminar must be appwved by the City
Manager or his dosignee.
Change: Section IX on page 14
D. Item &The City Treaanrer will request the Investment Committee to authorize
deletion of instinttions for: Other reasons as approved by the Investment Comnuttec.
Addiron: Section XIII on page 16
A. Add Deputy City Manger to investment Committee.
Change: Section XHI on pages 16-17
Item 2. Delete Demand Genented Reports, sections a, b, and c and add reports required by the
Public Funds Investment Act end the Investment Conunit'tee.
B. Item 3. Delete this section as it is replaced by section B.2.
119
16
ORDINANCE STATUS
AGENDA ITEM:
Authorizing the City Manager or his designee to execute
a fifty-nine year lease with Corpus Assets, L.P., to
construct an aerial enclosed pedestrian bridge or
skywalk across the Antelope Street right-of-way between
the American Bank Building and the former Petroleum
Tower Building in consideration of the payment of
$7,440 in rent for the first four year term, with the rent for
subsequent five year terms being adjusted based upon
the consumer price index.
FIRST READING:
November 16, 1999
Passed: 8- 0 (1 absent)
FINAL READING:
Decamber 14, 1999
COMMENTS:
121
CITY COUNCIL
AGENDA MEMORANDUM
,. DATE: November 15, 1999
AGENDA ITEM:
(a) Ordin'~nGo authorizing tho City MeneOer, or his-dosi~nce, te exe¢ute a one year lease
Corpus Assets, LP., to ~onstru,.~ an aerial enclosed p~desbl an bridge of skyw=lk .=~4u~ the
Antelope Sirsst right-of way t:atweeR thc Amcrio:~n Bank building and the fofm..er Petfotau.,
building in conside~atieft of tho paymeet ef $1,860 in rent; p~'~viding for publication; and dedari,,g
an emergency.
(b) Ordinance authorizing the City Manager, or his designee, to execute a fifty-nine year lease with
Corpus Assets, LP., to construct an aedal enclosed pedestrian bddge or skywalk across the
Antelope Street right-of-way between the American Bank building and the former Petroleum Tower
building in consideration of the payment of $7,440 in rent for the first four year term, with the rent for
subsequent five year terms being adjusted based upon the Consumer Price Index; and providing for
publication.
ISSUE: The permanent nature of the pedestrian walkway connector over the Antelope Street right-
of-way requires the developer to enter into leases with the City.
REQUIRED COUNCIL ACTION: City Charter requires City Council approval for the issuance of a
lease of public property for private use. The City Charter also requires that any ordinance granting
a lease of properly for longer than one year be read at two regular City Council meetings and cannot
be acted upon until the 28th day after the first reading. Within five days of each of the two readings,
a description of the lease terms will be published in the local newspaper. An ordinance which
authorizes the execution of a lease for more than one year does not go into effect until 60 days
following the date of final adoption by City Council.
Under Section 316.021 of the Texas Transportation Code, the City is authorized to permit the use
of portions of a municipal street or sidewalk for private use if that use does not interfere with the
public use of the street or sidewalk and 'qoes not c.'eate a dangerous condition on the street or
sidewalk. If the City Council derides to grant the leases, the Council will need to make appropriate
findings.
RECOMMENDATION: Staff recommends approval of the ordinances as presented.
Director of Engineering Services
Allachmenls:
Exhibit A - Additional Background Information
Exhibit B - Site LDcation Maps
Exhibit C -David Seiler's memo dated November 8, 1999
Exhibit D - Lease Contract Fee Calculation
H:~-iOME~(EVINS~GEN~STREETS~UPA&LEASE~,ntelope.agm.~tt2
AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMATION
PURPOSE OF CLOSURE AND BACKGROUND:
Bass & Welsh Engineering Company, rapresenting Corpus Assets, LP., has requested that the City
of Corpus Chdsti enter into leases that permit the construction and use of a new, permanent,
enclosed overhead pedestrian walkway or skywalk across the Antelope Street right-of-way.
Sixty-year (60) leases have been previously entered into by the City with respective developers for
exjsting pedestrian sk-ywaiks that cross North Water Street, Leopard Street and Carancahua Street.
This new pedestdan walkway will enable the developer to connect the Amedoan Bank Plaza and the
former Petroleum Tower buildings. Assuming approval of the Ordinance on the second reading,
Corpus Assets' general contractor intends to request a building permit and begin construction.
However, construction on the new skywalk itself would not begin until 60 days following approval of
the second reading and subsequent execution of the leases. Corpus Assets' officials have advised
that the project will be terminated if the lease contract is not approved by Council.
The two leases provide for a permanent 1,200-square foot enclosed overhead pedestrian skywalk
which will cross Antelope Street with a minimum dearanco of 14 feet above the existing or final mad
surface.
All pdvate frenchised utilities and City Departments were contacted regarding the Lease Contract.
VVith the exception of the Legal Department, none of the other City departments or private franchised
utilities posed any objection, provided that the applicant meets the conditions specified in the
contract.
The City Legal Department expressed concem regarding the construction and installation of suppod
columns within the existing sidewalk in the street right-of~way because of possible vision obstruction
to vehicular traffic. While the City is authorized under Section 316.021 of the Texas Transportation
Code to allow the use of munidpai streets and sidewalks for pdvate purposes, the granting of leases
and permits under that section, under the current law, appears to be a propdstary function of the City
and not a governmental function. As a result, the City's potential liability would not be capped under
the Texas Tod Claims Act. Therefore, Legal requested an opinion from David Seller, the Citys
Traffic Engineer, on whether the proposed structure would satisfy the requirements in Section
316.02q of the Texas Trsnspodetion Code, which authodzas the use of portions of a municipal street
or sidewalk for pdvete purpose if the use does not interfere with the pubrio use of the street or
sidewalk and does not create a dangerous condition on the street or sidewalk.
Mr. Seller expressed his opinion in the attached memorandum (see Exhibit "C"), which the Council
should consider in making its decision. Mr. Seller found that the installation of the support columns
will reduce the area on the sidewalks available for pedestrian use but that the sidewalk area will be
sufficient for two pedestrians to pass side by side, that the installation of the support columns wiii
require the removal of two parking spaces, since the columns will interfere with opening car doors,
and that the installation of the sul:~Dort columns on the south side of Antelope Street will technically
violate the City's new Visual Obstrudion ordinance. However, vehicles parked in existing parking
spaces also cream visual obstructions.
123
H:WOME~KEVINS~GEN~STREETS~UPA&LEASE~Antelope.agm.doc
EXHIBIT "A"
Page I of 2
SDec/fied Conditions:
Corpus Assets must fully indemnify and hold harmless the Cify for liability relating to the construction,
existence, and use of the skywalk. Corpus Assets will be required to maintain five million dollars of
insurance to protect the City.
Corpus Assets is fully responsible for the repair and equivalent replacement of existing City and
pdvate utility infrastructure in the event of damage to the same by subsequent building construction.
Corpus Assets must submit a set of construction drawings for the proposed replacement of damaged
infrastructure to the Director of Engineering Services a minimum of three (3) weeks prior to onset
of construct/on repairs. Work on infrastructure repairs cannot begin until written approval has been
given by the Director of Engineering Services.
During construction Corpus Assets is required to keep at least one sidewalk open for pedestrians
and at least one traffic lane open in both directions for vehicles using Antelope Street.
Lease Contract Fee Schedule:
A Present Value calculation was used in conjunction with a 10% lease rate of retum on the adjusted
appraised value of the aedal footprint to calculate the land use podion of the annual lease rents.
Ninety (90) days pdor to the anniversary of the f'~h year of the 59-year lease, a new 5 year lease
payment will be calculated using the same procedure and sent by the City to the owner for
remittance. See Exhibit "D" for fee calculation.
The initial rents under both the one-year and 59-year leases are based on an annual fee of $1,860.
This figure is based on adding $710 (based on the present value calculation) and $'1,150 in
antidpated lost revenues forthe two metered parking spaces that will be lost due to the supporting
columns.
Corpus Assets has been advised of and concurs with all the conditions of the lease contract.
RECOMMENDATION: Approval of the ordinances as presented.
H:~OME~(EVINS~GEN~STREETS\UPA&LEASE~Antelope.agm.dol~'4
EXHIBIT "A"
Page 2 of 2
II I
t~l t I
) I I
/ , ..... ~
!
I
I
I
I
I
I
I
EXHIBIT "B"
1~ge i o£ 2
r
"'T'
BLUFF PORtiON
South line Block
Curb & Gutter Below
T0.00 10.00
20.0'
Boss ~ Ytets~ E'fig/neen'ng
3054. So. Namecia St.
Cor~u$ Christi. Tx. 78404
[512) 882-5521 (phone)
,i~ (512) 882-1265 (fax)
ANTELOPE
-T----
I
'~ POIN~ ~F
BEGINNING
Cure ~r Gutter Below
LEASE CONTRACT
FOR
AERIAL WALKWA Y
126
Ncw'ihe~st C,4Tnet
EXHIBIT "B"
Page 2 o
$t,~e: 1%"!0.
O~ts: 7-8-99
Otowmg NO: 9902
p~ I=1
MEMO
Traffic Engineering Division
Department of Engineering Services
To: Jay Reining, Assistant City Attorney - - ....~' ,:
From: David V. Seiler, City Traffic Engineer "
Subject: Proposed Overhead Pedestrian Walkway Across Aptelope St "'
Date: November 8, 1999
This memo is in response to your request for Traffic Engineering's assessment of ~e proposed
overhead pedestrian walkway with regard to Transportation Code Section 316.021. The proposal
calls for support columns to be placed within ~e public sidewalk area on each side of Antelope
approximately 48-ft from the northwest and southwest property comers at the
Antelope/Carancahua intersection.
Se~don 316.021 states a munidpality may permit and prescribe the consideration and terms for the
use of a portion of a municipal street or sidewalk for a pdvata purpose if the use does not (1)
interfere with the public use of the street or sidewalk; or (2) create a dangerous condition on the
street or sidewalk.
Regarding item CL), the placement of the support columns in the public sidewalk area will certainly
interfere with the public uses of the street or sidewalk, as follows:
· The columns would potentially interfere with vehides being parked within the parldng lanes
along each side of Antelope. The interference could occur with the passenger side doors
not being able to be opened against the columns (which are shown to be installed
immediately behind the curb). This interference could be eliminated by removal of two
parking spaces, which would then result in a parking meter revenue loss to the City. The
potential annual revenue loss for the removal of two parking spaces on this block of
Antelope Street is approximately $1,150 per year.
· The columns will reduce the sidewalk width available for pedestrian use. As depicted in the
attached illusb.tion, the resultant sidewalk width adjacent to the columns is 6.5-~ on one
side of Antelope and 10.8-f'c on' the offier side. The side with the resultant 6.5-Fc sidewalk
· - width will be sufficient for only two pedestrians aside of each other.
Regarding item (2), the placement of the support columns in the public sidewalk area will create a
potential visual obstruction for traffic stopped on northbound Carancahua Street being able to see
traffic approaching on eastbound Antelope to Carancahua. That is, the depicted location of bhe
Column on the south side of Antelope would violate the "line of sight" requirement identified in
Section 53-260 (Visual Obstructions at Street Zntersections) of the City's Code of Ordinances.
Therefore, the column on the south side of Antelope could contribute to an "dangerous" or
"hazardous" situation. P/ease note tha¢ altj~ougl7 b~e ex/sffng signal control at ~e
C~rancahua/Ante/ope /ntersec~bn a/de~ by proWcling regulated a/tema~n of velTide n~7~t-of-way
~Wb~out /Taving to rdy on unobsD'ucted //ties of sig/Tt, ~e G~/'s visual obsmjc~on ordinances (Ze.
~ecdon ~3-2EL7, etc.) do not exempt signal/zeal/ntersec-bbns from the ordinance requ~?ements.
127
EXHIBIT "C'
Page 1 of 3
Jay Reining, Assistant City Attorney
Page 2
November 8, 1999
F-ur~er~ it should also be mentT~ned that some oF the existing parking spaces along the north and
south s/des of Antelope SZreet presently contribute to view obstruc~n at midblock driveways and
b~e Camncahua/Ante/ope intersection.
If you need any additional information on this matter, please let me know.
XC:
'Angel R. Escobar, P.E.
Leo Fadas, P.E.
3RAntelope. Brg
David V. Seller, P.E.
128
EXHIBIT "C"
page 2 of 3
'IX TRANSP § 316.021, Municipal Permission to Use Street or Sidewalk for Private Purpose
*106173 V.T.C.A., Transportation Code § 316.021
Page 1
VEI~NON'S TEXAS STATUTES AND CODES ANNOTATED
TRANSPORTATION CODE
TITLE 6. ROADWAYS
SUBTITLE E. MUNICIPAL STREETS
CHAPTER 316. USE OF MUNICIPAL STREETS AND SIDEWALKS FOR
PUBLIC CONVENIENCES AND AMENITIES OR FOR PRIVATE USES
SUBCHAPTER B. USE OF STREETS AND SIDEWALKS FOR PRIVATE
PURPOSE
Current through End of 1997 Reg. Se. tt
§ 316.021. Municipal Permission to Use Street or Sidewalk for Private Purpose
A municipality may permit and prescribe the consideration and terms for the use of a portion of a
municipal street or sidewalk for a private purpose if the use does not:
(1) interfere with the public use of the strut or sidewalk; or
(2) create a dangerous condition on the strut or sidewalk.
CREDrr(S)
1999 Main Volume
1995. 741h Leg., clt 163. ~ 1, eft. Sept· 1. 1995.
<General Materials (GM) - References, Annotations, or Tables>
HISTORICAL NOTES
REVISOR'S NOTE
1999 Main Volume
(I) V.A.C.S. Article 1085b refm to "[i]ne. orporated citie~ and towns in the State of Texas." The revised
law omits "incorporated" because under~ ,l~= Local Government Code all municipalities must be incorporated.
· . revised law also substitutes the term "mUnicipality" for "city" for the reason stated in Revisor's Note (I) under
Set:zion 316.001.
(2) V.A.C.S. ARicle 1085b refers to "uny hazardous or dang~'ous condition." The revised law omits the
ref~tcc to a hazardous condition because "hazardous" is included within the meaning of"dangerous."
HISTORICAL AND STATUTORY NOTES
1999 Main Volume
Prior Laws:
A~ts 1947, 50th Leg.. ch. 353. § 1.
Vemon's Ann. Civ. St. art. 1085b.
REFERENCES
Copyright (c) West Group 1999 No claim to original U.S. Govt. works
129 I EXHIBIT "C"
Corpus Assets, L.P.- Lease Contract Fee Schedule
Public Property Uses: Each lease contract must address the following use of property
elements:
A permanent 1,200-square foot enclosed, overhead skyway connector will cross
Antelope Street a minimum of 14 feet above the existing or final road surface. Four
support columns with below ground footings installed in the sidewalk areas of the street
right-of-way (ROW).
In addition, the installation of the support columns will interfere with two parking spaces
adjacent to the support columns. The City is entitled to compensation for these loss
revenues. Fee assessments will be based upon the Street ROW property evaluation,
plus the loss annual parking revenues.
Street ROW:
The Street ROW was appraised at $11.00/SF.
The value of the Street ROW was discounted 50% for the proposed aedal easements since the
area encompassed is considered as a non-economic unit. A resultant $5.50/SF fee
assessment formed the cost basis for the aedal easements over the Street ROW.
The value of the Street ROW was discounted 10% for the proposed surface and subsurface
easements since the easement deprives the City of most uses of the area encompassed by the
support columns and footings, A resultant $9.90/SF fee assessment formed the cost basis for
the surface and subsurface easements within the Street ROW,
Fee Calculations:
A 10% lease rate of return applies to both 1-year and 59-year lease contracts.
Contract fee calculations follow:
1 -year fee for use of aerial easement:
1,200 SF x $ 5.50/SF
= $ 6,600.00
$ 6,600 x 0.10/annua~ rate of return =
$ 660.00
130
EXHIBIT "D"
Pa~e t of 2
1-year fee for use of surface and subsurface easements:
48 SF x $ 9.90/SF = $ 499.95
$ 499.95 x 0.10/~n.ua~ rate of mtum --' $ 49.99
ROund to nearest dollar = $ 50.00
Total 1 -year fee for use of aerial,
surface, & subsurface easements: = $ 710.00
Damacles Due to Interference with Installed Parkincl Meters:
Since the installations of the support columns adjacent to the curb will interfere with use of two
metered parking spaces, the City needs to recoup its loss parking revenues. The City's Traffic
Engineer has calculated the loss revenues at $1,150 per year.
1 -year fee for use of aedal,
surface, & subsurface easements: =
$ 710.00
1-year loss of parking revenues =
$1,150.00
Total 1-year rent payment
= $1,860.00
131
EXHIBIT "D"
Pa~e 2 of 2
AN ORDINANCE
AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO
EXECUTE A FIFrY-~ YEAR LEASE WITH CORPUS ASSETS, L.P., TO
CONSTRUCT AN AERIAL ENCLOSED PEDESTRIAN BRIDGE OR
SKYWALK ACROSS THE ANTELOPE STREET RIGHT-OF-WAY
BETWEEN THE AMERICAN BANK BUILDING AND THE FORMER
PETROLEUM TOWER BUILDING IN CONSIDERATION OF THE
PAYMENT OF $7,440 IN RENT FOR THE FIRST FOUR YEAR TERM,
WITH THE RENT FOR SUBSEQUENT FIVE YEAR TERMS BEING
ADJUSTED BASED UPON THE CONSUMER PRICE INDEX; AND
PROVIDING FOR PUBLICATION.
WHEREAS, the installation of the aerial enclosed pedestrian bridge or skywalk (Skywalk)
across the Antelope Street right-of-way between the American Bank building and the former
Petroleum Tower building will require the installation of support columns in the sidewalks on
both sides of Antelope Street; and
WHEREAS, the support columns for the Skywalk will reduce the area of the sidewalks
available for pedeslxians; and
WHEREAS, the installation of the support colunms will interfere with the use of the two
metered parking spaces adjacent to the colttraits; and
WHEREAS, the support columns on the south side of Antelope Street will violate the "line of
sight" requirement in Section 53-260, Visual Obstructions at SWeet Intersections; and
WHEREAS, the intersection at Caranchua and Antelope Streets is controlled by a traffic signal;
and
WHEREAS, the visual obstruction caused by the support colun'ms is not significantly greater
than the visual obstruction cansed by an automobile parked at a traffic meter; and
WHEREAS, the City Council finds that notwithstanding the reduction in sidewalk area and loss
of available metered parking spaces that the installation of the Skywalk support colmnns will not
interfere with the public's use of the street and adjacent sidewalks; and
WHEREAS, the City Council finds that notwithstanding the fact that installation of the support
columns on the south side of Antelope Street will technically violate the City's Visual
Obstruction ordinance the installation of the Skywalk support coltrams will not create a
dangerous condition on the street or sidewalk;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS
CHRISTI, TEXAS:
R90950C1 .doc
132
2
SECTION 1. That the City Manager, or designee, is authorized to execute a fifty-nine year
lease with Corpus Assets, L.P., to construct an aerial enclosed pedestrian bridge or skywalk
across the Antelope Street right-of-way between the American Bank Plaza and the former
Petroleum Tower Bnilding in consideration of the payment of $7,440 in rent for the fast four
year term, with the rant for subsequent five year terms being adjusted based upon the consumer
price index. A copy of the lease is on file with the City Secretary.
SECTION 2. The lease is to begin on November 17, 2000, and. will end on November 16, 2059.
SECTION 3. Publication will be made in the official publication of the City of Corpus Christi
as required by the City Charter of the City of Corpus Christi.
Rg0950Cl.doc
17
CITY COUNCIL
AGENDA MEMORANDUM
December 9, 1999
AGENDA ITEM: The first reading of the Annexation Ordinances containing a total of
5,424 acres and referred to as:
Area A: Wood River Areas (Tracts 1 - 5);
Area B: River Hills Area (Tracts 1, 2, and 4A and 4B as amended);
Area C: Area west of San Carlos Subdivision;
Area D: Mustang Island, west of SH 361 (Tracts 1 and 2);
Area E: Padre Island, east of Park Road 22 (Tracts l - 3) as amended); and
Area F: Mustang Island, north of Mustang Island State Park (Tracts 1 - 5).
BACKGROUND
Annexation is essential for the City to achieve orderly growth. Currently, no land use
controls (zoning) and most city land use policies cannot be applied to properties located
outside the city limits. As properties are annexed they will also be zoned in accordance
with local Zoning regulations based on availability of infrastructure to support
development, existing uses considered compatible with the surrounding area, and
development plans consistent with adopted City Policies and the Comprehensive Plan.
Zoning is used as a tool to create compatible land use patterns in the community.
Annexation also allows the City to ensure that when growth occurs, all new structures are
constructed in accordance with local building, plumbing, electrical, and other City codes
designed to protect the public health, safety and welfare. In addition, annexation should
occur so that impacted areas may benefit from the expansion of public health programs,
police and fire protection, and by linking new development to publicly approved water
supplies, wastewater, and storm drainage systems.
Land uses existing prior to annexation and some planned land uses will be permanently
grandfathered. State law limits the City's ability to regulate grandfathered land uses after
annexation. Failure to annex adjoining areas leads to fragmentation of the urban
landscape and uncontrolled and possibly substandard land developments. Substandard
developments may contain substandard in~'astructure, such as streets without adequate
base materials or small diameter water or sewer lines, that, in the long run, will cost more
to maintain and upgrade in the future after the areas are annexed.
Annexation of Area A, located in the northwest area of the City, is part of a 1995
annexation agreement in which the owners had agreed to the annexation of 15% of their
property annually. The Area A properties are planned to be developed with single family
uses. Areas B and C are completely surrounded by existing city limits and need to be
annexed to control the quality of development that could impact neighborhoods that are
currently within the City. At the second City Council public hearing Council directed
135
Council Agettda Memorandum
1999 Annexation Program
December 9, 1999
Page 2
staff to remove a portion of Area B containing River Hill Country Club and 6 single
family residences from the annexation proposal.
Annexation of Areas D, E, and F on Mustang and Padre Island is necessary to protect one
of the City's primary tourist attractions on the Gulf and Corpus Christi Bay. Annexation
is necessary to insure and control the quality of development within an environmentally
sensitive coastal area that is critical to the City's and the region's interest in expanding
the tourism industry while maintaining the vitality of the coastal resources. At the second
City Council public hearing Council directed staff to remove Area E Tract 4 from
the annexation proposal.
Area F has been the most controversial of the areas proposed for annexation. Opposition
has come from both the City of Port Aransas and many of the condominium and property
owners within the area. Port Aransas has previously been ceded an approximate 3-mile
area immediately to the north of Area F, which Corpus Christi thought was the last
cession that was going to be requested by Port Aransas. Area F contains nine major
condominium units and one single family subdivision with the potential for much more
development. The hotel motel tax and ad valorera tax generated by Area F is much more
than sufficient to pay for all services to the area.
Another area of concern has been beach cleaning. Areas E and F both have gulf beach
frontage. Originally, there appeared to be some conflict between City staff derived
figures for beach cleaning and those figures that we were hearing from Nueces County.
However, with the most kind assistance of Commissioner Joe McComb and County staff,
at the joint City Council/County meeting of October 13, Commissioner McComb
provided specific beach cleaning and life-guarding breakdowns for the area. Staff
generated figures and the figures provided by Mr. McComb are extremely similar and
both fall within the $400,000-$450,000 per year range. This amount is well within the
revenue to be generated through the annexation together with all of the other services.
PLANNING COMMISSION ACTION: On November 10, 1999 the Planning
Commission conducted a public hearing to consider the zoning recommendations for
each proposed annexation as required by State Law and local zoning regulations. City
Council action on the zoning recommendations is scheduled for the December 21, 1999.
City Council will hold a zoning public hearing for only those tracts approved for
annexation on second reading of the annexation ordinance.
Under State law, the Plardng Commission is not required to consider and make
recommendations on proposed annexations. However, at the request of persons at the
hearing in opposition to the annexation of Area F, the Commission agreed to review the
proposed annexation for that area only. The Planning Commission, by a vote of 5 to 2,
with two Commissioners being absent, recommended the annexation of Tracts 1 and 2 in
136
Council Agenda Memorandum
1999 Annexation Program
December 9, 1999
Page 3
Area F and that Tracts 3 - 5 not be included in the City's Annexation Program at this
time.
PRIOR COUNCIL ACTIONS:
November 16, 1999 - Council conducted the second required public heating and
directed Staff to proceed with the annexation for the first reading of the ordinance
on December 12, 1999 with the following areas to be removed from annexation
consideration:
Annexation Area B
· Tract 3 (River Hills CounUy Club);
· Tract 4, eastern portion (containing 6 single family residences)
Annexation Area E
· Tract 4 (south of Padre Bali Park)
2. November 9, 1999 - Council conducted the first of two required public hearings.
September 28, 1999 - Council approved motion adopting the proposed annexation
calendar directing staff to prepare service plans, and schedule Planning
Commission and City Council public hearings.
4. July 21, 1987 - City Council adopted various annexation policies to ensure
responsible growth and development of the community.
REQUIRED COUNCIL ACTION: Approval of the First Reading of Annexation
Ordinance.
FUTURE COUNCIL ACTION: Approval of the Second Reading of the Annexation
Ordinance on December 21, 1999 and zoning of tracts approved for annexation.
STAFF RECOMMENDATION: Staff recommends the annexation Area A, Tracts 1-5;
Area B, Tracts 1 and 2, and Tracts 4A and 4B; Area C; Area D, Tracts 1 and 2; Area E,
Tracts 1 - 3; and Area F, Tracts 1 - 5. Area F was divided into five separate tracts with
Tract 1 being the west side of State Highway 361 and Tracts 2-5 located on the east side
of State Highway 361 and between Mustang Island State Park and Port Aransas city
limits. This breakdown of Area F is to provide flexibility should the Council decide that
Area F should be annexed incrementally.
W. Thomas Utter
Assistant City Manager
137
Council Agenda Memorandum
1999 Annexation Program
December 9, 1999
Page 4
Attachment
Attachment A: Annexation Map
Attachment B: City Services Upon Annexation
Attachment C: Pros and Cons of Annexation
Attachment D: Cumulative Ten-year Service Cost and Revenue Projections of All Areas (A through F)
Attachment E: Annexation Packet (maps, descriptions, characteristics, service cost and revenue projections
by individual area)
Attachment F: Annexation Ordinances and Service Plans.
138
Council Agenda Memorandum
1999 Annexation Program
December 9, 1999
Page
n-
<
139
Council AgendaMemorandum
1999Annexadon Program
December 9, 1999
Page 6
ATTACHMENT B: CITY SERVICES UPON ANNEXATION
Areas A, B, C, and D will be absorbed by existing city services or require minimal upgrades
in existing services.
If Padre and Mustant, Island Areas E and F are fully annexed an increase in services is
planned. includin~ personnel equipment. and capital imnrovements. A summary (See
Attachments for details) of these services benefits to island property owners and residents is
listed below:
Police
A new patrol beat immediately upon annexation (5 police officers)
Fire
Fire Protection immediately upon annexation
A new aerial ladder track will be ordered immediately upon annexation
Two additional fire fighters will be added to Fire Station #15 when the aerial
truck is delivered.
Health
Vector control upon annexation
Expanded vector control including new personnel and equipment in the next
City Budget
- Animal Control upon annexation
Expanded Animal control including personnel and equipment in the next City
Budget
Park and Recreation
Life guarding by contract with the County initially (Area E only)
Life guarding by the city or by contract long term (Area E only)
Beach cleaning by contract with the County initially
Beach cleaning by the city or by contract long term
140
Council Agenda Memorandum
1999 Annexation Program
December 9, 1999
Page 7
Other Benefits
Potential for reduced fire insurance rates
Potential for low water rates
Better marketing of properties for development
141
Council Agenda Memorandum
1999 Annexation Program
December 9, 1999
Page 8
ATTACHMENT C: PROS AND CONS OF ANNEXATION
PROS
Control of the type and quality of development through zoning, building
permits, code enforcement, etc. Currently, there is no land use control in these
outside city limits areas. This is especially important as the annexation areas
include the regions number 1 tourist attraction (Mustang Island) and areas on the
Nueces River which drain into the city's water intake for water treatment.
Control of development will help to assure protection of the sensitive
natural environment found on the island and along the Nueces River watershed.
Hotel motel taxes will generate additional revenue to be used for convention
center expansion and additional promotion of our tourist draws such as Beach to
Bays Marathon, etc.
Revenues out weigh costs based only on existing development. New
developments were not assumed in the revenue projections..New development
will significantly add revenue to the numbers presented. In addition, beach
cleaning and life guarding were included in the costs should the County
discontinue these operations upon annexation.
Annexation will support increased police protection - additional patrol
with 5 full time equivalents will be added to patrol the island. This will also
increase patrol on the existing portions of Padre Island.
Enhanced fire protection for the island by placing a aerial truck at Station
Number 15 at Commodores Cove and increasing the fire fighters by 7.38 full time
equivalents.
Enhanced fire protection for existing high rise developments inside city
limits on Padre Island.
Minimal or no impact on water and wastewater services as these are
already provided by Nueces County Water Control and Improvement District
Number 4, the City, or by Nueces County Water Control and Improvement
District Number 3.
The City is using its limited bonding capacity to help fund the rebuilding of
JFK causeway, which benefits island areas. Annexation will provide an
additional opportunity for island property owners to share in the cost of rebuilding
the causeway.
142
Council Agenda Memorandum
1999 Annexation Program
December 9, 1999
Page 9
Annexing in 1999 is allowed under State Law without first placing these areas
in a 3 year annexation plan. Growth in these areas will eventually require that
they be placed in a plan for 3 years before annexing.
CONS
X Increased costs to serve areas that are annexed.
143
Council Agenda Memorandum
1999 Annexation Program
December 9, 1999
Page 10
ATTACHMENT D: CUMULATIVE TEN-YEAR SERVICE COST AND
REVENUE PROJECTIONS OF ALL AREAS (A THROUGH F)
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Council Agenda Memorandum
1999 Annexation Progzam
December 9, 1999
Page 11
CITY SERVICE PROVIDER COST ESTIMATES - TEN YEAR PERIOD
PROPOSED ANNEXATION AREAS - "A - F"
MUSTANG ISLAND NORTH OF STATE PARK
CITY OF CORPUS CHRISTI, TEXAS
YEAR
ANNUAL OPERATING COSTS
$0 S0 $0 $0 $0 $0 $0
145
Council Agenda Memoranda
1999 Annexalion Program
December 9, 1999
Page 12
ATTACHMENT E: ANNEXATION PACKET (MAPS, DESCRIPTIONS,
CHARACTERISTICS, SERVICE COST AND REVENUE PROJECTIONS BY
INDIVIDUAL AREA)
ANNEXATION PROFILE - AREAS A THROUGH F
The information on the descriptive location, characteristics and demographics of the
annexation areas is current information based on surveys made by the Planning
Department.
AREA NAME ACREAGE POPULATION DWELLINGS TRACTS
A Wood River 66 0 0
S River Hills 91 3 1
C Area West of San Carlos 73 0 0
D Mustang Island West of SH 361 1,238 3 1
E Padre island East of Pk. Rd. 22 726 0 0
F* Mustang island North of State Park 3,231 106 686
TOTAL 5,424 112 688
· Note: 1990 Census Population
5
4
1
2
3
6
21
146
Council Agenda Memorandum
1999 A.rmexation Program
December 9, 1999
Page 13
AREA A PROFILE - WOOD RIVER DEVELOPMENT
Descriptive Location: An area consisting of 5 tracts of land ranging in size fi'om 3.5 to
24 acres for a total of 65 acres of land, more or less. The tracts are generally located
within a perimeter bounded on the north by the Nueces River which is presently within
the Corpus Christi City limits, bounded on the east and the south by portions of the Wood
River Subdivision within the city limits and on the west by East Riverview Drive.
Characteristics of The Area: These tracts are part of the Wood River area development
plan and are presently vacant, and undeveloped. Some of the tracts are in the early stages
of the platting process for future Wood River Units. The growth potential of this area is
excellent. These tracts are part of the Northwest Area Development Plan and will be part
of Single Member District No.l, if armexed.
Demographics: No permanent residents or housing units.
Improvements In Place: Water, wastewater and gas service lines are accessible from the
other Wood River Units, since this is part of the Wood River Master Plan. At the present
time, wastewater lines are extended into the central part of the area to accommodate new
subdivision units.
Assessment of Needs: No major service needs are anticipated for these tracts. The
delivery of services to these tracts will not place a burden on the City. New development
requiring implementation costs for proposed improvements will be incurred by the
owner/developer in accordance with the platting process.
Issues and Concerns: Tracts 1 through 5 are part of the 1995 Annexation Program
agreement to annex the remaining outside city limit Wood River properties at the rate of
15% per year. Annexation of these tracts is in conformonce with the annexation program.
In addition, annexing this area will allow the City to control the quality of development
and enforce zoning, building code, fire and police safety, and health and safety
ordinances and minimize threats to water pollution/contamination to the region's primary
water source, the Nueces River.
147
pROPOSED ANNEXATION 1999_
Council Agenda Memorandum
1999 Annexation Program
December 9, 1999
Page 15
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Council Agenda Memorandum
1999 Annexation Program
December 9, 1999
Page 16
CITY SERVICE PROVIDER COST ESTIMATES - TEN YEAR PERIOD
PROPOSED ANNEXATION AREA - "A'
WOOD RIVER DEVELOPMENT TRACTS I THRU 5
CITY OF CORPUS CHRISTI. TEXAS
1STYEAR
ANNUAL OPERATING COSTS
$0 $0 $0
tOTHYEAR
ix3 $0 $0 $0
$o $o $o
· .,,....,,,,=,,, 150 '
Council Agenda Memorandum
1999 Annexation Program
December 9, 1999
Page 17
AREA B PROFILE - RIVER HILLS COUNTRY CLUB AREA
Descriptive Location: An area consisting of four tracts of land containing a total of
90.77 acres more or less, generally bounded on the north by the Nueces River which is
presently within the Corpus Christi City limits, bounded on the east by County Road 69
and Hazel Bazemore County Park, bounded on the south by the present City limit line at
F.M. 624 and bounded on the west by the present City limit line at Wood River and River
Hill Subdivisions.
Characteristics of The Area: Tracts 1 and 2 are undeveloped and Tracts 4A and 4B are
partially developed. The growth potential for this area appears to be good to excellent.
This area is part of the Northwest Area Development Plan and will be part of Single
Member District No. 1, if annexed.
Demoeraphics: There is one residential housing trait in the area with an estimated
population of 3 persons. There is one commercial business.
Improvements In Place: The commercial business and the one residence are provided
water by the Nueees County Water Control and Improvement District No.3. Both tracts 1
and 2 are surrounded by existing development, making City water, wastewater and gas
service lines easily accessible.
Assessment of Needs: No major service needs are anticipated for this tract. The
delivery of services to this Area will not place a significant burden on the City. New
development requiring implementation costs for proposed improvements will be incurred
by the owner/developer in accordance with the platting process.
Issues and Concerns: This area follows the meanders of Nueces River. Annexing this
area will allow the City to control the quality of development and enforce zoning,
building code, fire and police safety, and health and safety ordinances along and near the
river frontage and minimize threats to water pollution/contamination to the region's
primary water source, the Nueces River.
151
Cormeft Agenda Memorandum
1999 Annexation Program
December 9, 1999
Page 18
PROPOSED ANNEXATION 1999
AREA B
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CI'I't OF CORPUS CHFIISTI - PLANNING 0EPT 16SEPTgg/IIP
Note: Tract 3 and a portion of Tract 4 have been removed from
consideration per City Council direction.
SCALE: 1" = 800'
152
Council Agenda Memorandum
1999 Annexation Program
December 9, 1999
Page 19
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153
Council Agenda Memorandum
1999 Annexation Program
December 9, 1999
Page 20
CITY SERVICE PROVIDER COST ESTIMATES - TEN YEAR PERIOD
PROPOSED ANNEXATION AREA - "B"
RIVER HILLS COUNTRY CLUB AREA
CITY OF CORPUS CHRISTL TEXAS
SO $0 $0 $0 $0 $0 $0
1STYF_&R
ANNUAL OPERATING COSTS
154
Cotmcil Agenda Memorandum
1999 Annexation Program
December 9, 1999
Page 21
AREA C PROFILE - AREA WEST OF SAN CARLOS SUBDIVISION
Descriptive Location: An area consisting of 73 acres, more or less, completely
surrounded by the present city limit line, bounded on the west by I.H. 37 and on the south
by Zamora SWeet, being adjacent to San Carlos Subdivision.
Characteristics of The Area: This area is generally a low lying marshy undeveloped
land area. Portions of the area are in the Nueces River 100 year flood plain, at one time
proposed for recreational uses, such as an RV park and golf course. The area was
included in a Tourist Industrial District but no action was taken by the developer and the
proposed contracts to implement the district are now void. If annexed this area will
become part of Single Member District No. 1.
Demographics: There are no permanent residents in the area.
Improvements In Place: There are no improvements (water, wastewater or gas) in the
immediate area.
Assessment of Needs: The development potential of this area is limited and therefore the
demand for services may not be warranted.
Issues and Concerns: Annexing this area will allow the City to control the quality of
development and enforce zoning, building code, fire and police safety, and health and
safety ordinances and minimize threats to water pollution/contamination to the region's
primary water sottree, the Nueces River.
155
LU
Z
PROPOSED ANNEXATION 1999
Council Agenda Memorandum
1999 Annexation Program
December 9, 1999
Page 22
AREA C
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CITY OF CORPUS CHRISTI - PLANNING DEPT 16SEPT99/RP
SCALE: 1" = 800'
156
Council Agenda Memorandum
1999 Annexanon Program
December 9, 1999
Page 23
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157
Council Agenda Memorandum
1999 Annexation Program
December 9, 1999
Page 24
CITY SERVICE PROVIDER COST ESTIMATES - TEN YEAR PERIOD
PROPOSED ANNEXATION AREA - "C"
AREA WEST OF SAN CANLOS SUBDNISION
CITY OF CORPUS CHRIST1. TEXAS
$0 $0 $0 $0 $0 $0 $0 $0
$O $0 $0 $0 $0 $0 $0
$0 $O $0 $0 $0 $0 $0 $0
$O $0 $0 $0 $0 $0 $0
$0 $O $0 $0 $0 $0 $0 $0
ANNUAL OPERATING COSTS
51'HYEAR IOTHYEAR
158
Council Agenda Memorandum
1999 Annexation Progxam
December 9, 1999
Page 25
AREA D PROFILE - MUSTANG ISLAND, AREA WEST OF ST. HWY. 361
Descriptive Location: An area consisting of two tracts of land/water with 1,238 acres,
more or less, surrounded by the present City limit line and bounded on the north by
Mustang Island State Park, bounded on the east by Mustang Island State Park and State
Highway 361, bounded on the south by the present City limit line as it meanders around
Padre Island No. 2 Subdivision/County Park #2 and bounded on the west by the present
City limit line as it meanders on the Laguna Madre side of Padre Island.
Characteristics of The Area: The general characteristics of this area are low lying dunes
and marshy land. This area contains the Holiday Shores subdivision, a platted but
unimproved residential subdivision and lots from the William Bryan Survey, the Packcry
Channel, and some State owned tracts of land. The growth potential for this area appears
to be low. This area will become part of the Single Member District No. 4, if armexed.
Demographics: One residence.
Improvements In Place: A 20 inch water line is the only city service that extends
northerly along State Hwy 361 from Park Rd 22.
Assessment of Needs: Approximately 95% of Area D (Tract 1:1,176 acres) is either
undevelopable because it is submerged land or very difficult to develop because of its
designation in the Coastal Barrier Resources System (COBRA). The Federal COBRA
designation prohibits any federal assistance to private development i.e., FEMA, home
loan guarantee programs, etc. Within Tract 2 (62 acres), required implementation costs
for proposed improvements will be incurred by the owner/developer in accordance with
the platting process.
Issues and Concerns: Much of the undeveloped area within the coastal barrier islands
fall under the rules and regulations enforced by the Coastal Barrier Resources System
(COBRA). Congress passed the Coastal Barrier Resources Act (COBRA), in 1982 to
restrict development in coastal banier islands. While most of the land area is considered
too unstable to build on, some areas can be developed. In addition, annexing this area will
allow the City to control the quality of development and enforce zoning, building code,
fire and police safety, and health and safety ordinances and encourage growth that is
compatible with the island.
159
PROPOSED ANNEXATION A EA
1999
Council Agenda Memorandum
1999 Annexation program
Decev&r 9,1999
page 26
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Council Agenda Memorandum
1999 Annexation Progzam
December 9, 1999
Page 27
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Council Agenda Memorandum
1999 Annexation Program
December 9, 1999
Page 28
CITY SERVICE PROVIDER COST ESTIMATES -TEN YEAR PERIOD
PROPOSED ANNEXATION AREA - "D"
MUSTANG ISLAND AREA WEST OF ST.HWY. 361
CITY OF CORPUS CHRISTI, TEXAS
LaND ~ aCCESRf&
· ~Ob"m COST On~corr
ANNUAL OPERATING COSTS
5TH YEAR
162
r
Council Agenda Memorandum
1999 Annexation Program
December 9, 1999
Page 29
AREA E PROFILE - PADRE ISLAND, AREA EAST OF PARK ROAD 22
Descriptive Location: An area consisting of 3 tracts ranging in size from 14.5 acres to
413 acres with a total acreage of 725.5 acres. Tracts 1 and 2 are adjacent to Packcry
Channel. Tracts 3 and 4 are adjacent to Padre Balli Park.
Characteristics of The Area: This area is comprised of both State and privately owned
land. Some of the area is low lying, marshy land. Approximately 30% of the area is
considered to be wetlands, undevelopable and/or difficult to develop. Some amenities
include J. P. Luby Park and the surfing pier. Commercial and high-density residential
(condominium) uses are recommended for the development policies of this area. The
growth potential for this area is considered to be excellent. This area will become part of
the Single Member District No. 4, if armexed.
Demographics: None.
Improvements In Place: Presently, there are no City improvements extended into the
area. However, city water and sewer service lines are accessible from existing
development surrounding the area.
Assessment of Needs: No major infrastructure needs are anticipated for this area. The
delivery of services to this area will not place a burden on the City. Any new
development requiring implementation costs for proposed improvements will be incurred
by the owner/developer in accordance with the platting process.
Issues and Concerns:
1) The area has approximately 1 mile of beach frontage on the Gulf of Mexico.
2) Pan of this area falls under the Coastal Barrier Resources System (COBRA), which
was enacted to discourage development in coastal barrier islands.
3)
Some of the privately owned land, at one time was platted for development as part of
the Padre Island Development concept, however, the plat has been vacated. In
addition, annexing this area will allow the City to control the quality of development
and enforce zoning, building code, fire and police safety, and health and safety
ordinances and minimize threats to the region's primary tourist attraction, the gulf
beach.
163
PROPOSEI:; ANNEXATION ~I~EA M. I~L.
Council Ag~nda Memorandum
1999 Annexation Program
December 9, 1999
Page 30
r TRACT 1
SLAN, D
i
TRACT 2
TRACT 3
14.5 Ac.
BALLI ~
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NOTE COBRA - COASTAL BARRIER RESOURCES ACT AREAS NOT I
FOR FEDERAL MONIES ie. FEMA. FANME MAE FREDDIE MAC. AND GINNIE MAE
Note: Tract 4 has been removed from consideratidt~4per City Council
direction.
'PARI< ~
TRACT 4
51 AC.
!,
AREA E ""
TRACT 1&4 - COBRA ARF_~
TRACT 2&3 - OUTSIDE COBRA AREA
CITY OF CORPUS CHRISTI - PLANNING DEPT
Council Agenda Memorandum
1999 Annexation Program
December 9, i999
Page 31
Comac~AgenclaMemorandum
1999Annexation Program
December 9, 1999
Page 32
CITY SERVICE PROVIDER COST ESTIMATES - TEN YEAR PERIOD
PROPOSED ANNEXATION AREA - "E"
PADRE ISLAND AREA EAST OF PARK RD. 22
CITY OF CORPUS CHRISTI, TEXAS
ANNUAL OPERATING COSTS
Sl,782 $2,538 $0 $2,538 S3,888 ~0 13,188
Council Agenda Memorandum
1999 Annexation Program
December 9, 1999
Page 33
AREA F PROFILE - MUSTANG ISLAND NORTH OF THE STATE PARK
Descriptive Location: An area consisting of 3,231 acres, more or less, bounded on the
north by the City limits of the City of Port Aransas, bounded on the east by the Gulf of
Mexico, bounded on the south by Mustang island State Park and bounded on the west by
the present City limit line as it meanders on the east side of Corpus Christi Bay.
Characteristics of The Area: This is a 4.2 mile stretch of Mustang Island extending
from the north boundary line of Mustang Island State Park to the city limits of Port
Aransas. In addition to four private residences located in the area, the predominant
development is nine condominium complexes with 685 condominium units. This area
contains approximately 810 acres of wetlands considered to be undevelopable. The
developable portion is recommended for high density residential (condominiums), more
specifically the area between St. Hwy. 361 and the Gulf Beach. The growth potential for
this area appears to be good. This area will become part of the Single Member District
No. 4, if annexed.
Demographics: According to the 1990 Census, there were 106 permanent residents
living in the area. Currently, there are 4 single family residential units and 682
condominiums units.
Improvements In Place: At the present time, the 4 single family units and 682
condominium units are being provided water and wastewater services by the Nueces
County Water Control and Improvement District No. 4. The district purchases water
from the City of Corpus Christi, which is provided through a water line extending along
S. H. 361 from Park Rd 22 to the condominium units and continuing to Port Aransas.
City of Corpus Christi wastewater lines are not accessible to this area. The City will
continue to allow the current gas provider to continue natural gas service to this area,
since their transportation line starts at the Corpus Christi Fish Pass and continues to Port
Aransas,
Assessment of Needs: The delivery of all typical services to this area would place a
burden on the City, requiring additional manpower and equipment. It is intended for
Nueces County Water Control and Improvement District #4 to continue to provide water
and wastewater services to this tract.
Issues and Concerns:
1) This area is part of Nueces County Water Control and Improvement District No. 4,
which has been issued a "certificate of convenience and necessity" by the State of Texas
to serve this area. This certificate obligates the authority to service this area regardless of
annexation by Corpus Christi.
2) No entity is currently obligated to provide fire protection service to this area.
Historically, the City has, on a good neighbor basis, provided fire protection response
when requested.
167
Council Agenda Memorandum
1999 Annexation Program
December 9, 1999
Page 34
3) Condominiums are classified as commercial solid waste accounts and could continue
to be served by a private solid waste collection company.
4) In addition, annexing this area will allow the City to control the quality of
development and enforce zoning, building code, fire and police safety, and health and
safety ordinances and minimize threats to the region's primary tourist attraction, the gulf
beach.
168
PROPOSED ANNEXATION AREA
1999
Council Agenda Memorandum
1999 Annexation Program
December 9, 1999
Page 35
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CITY OF ~
Mariners Watch
Res. Subd.
Gulf Shores Condo
Mustang Tower Condo.
Mustange Island
Beach Resort
- Port Royal Condo.
Seagull Condo.
Sandpiper Condo.
Lost Colony Condo.
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- AREA F'
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-; 77 AC. ~
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Condo.
Mayan Princess
TRACT 2
MUSTANG ISLAND STATE PARK
169
AREA F
Councii Agenda Memorandum
1999 Annexation Program
December 9, 1999
Page 36
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170
Council Agenda Memorandum
1999 Annexation Program
December 9, 1999
Page 37
CITY SERVICE PROVIDER COST ESTIMATES - TEN YEAR PERIOD
PROPOSED ANNEXATION AREA - "F"
MUSTANG ISLAND NORTH OF STATE PARK
CITY OF CORPUS CHRISTI. TEXAS
1STYEAR
ANNUA~ OPERATING COSTS
171
Council AgendaMemorandum
1999Annexation Program
December 9, 1999
Page 38
ATTACHMENT F: ANNEXATION ORDINANCES AND SERVICE PLANS
172
AN ORDINANCE
ANNEXING FIVE TRACTS OF LAND ADJACENT TO THE CITY LIMITS IN
THE VICINITY OF THE WOOD RIVER SUBDIVISION; PROVIDING FOR A
SERVICE PLAN FOR THE ANNEXED TRACTS OF LAND; 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; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Corpus Chdsti desires to annex five tracts of land, in the vicinity
of the Wood River Subdivision, to the City of Corpus Christi;
WHEREAS, on November 9th and 16th, 1999, public hearings were held by the City
Council, during City Council meetings held in the Council Chambers, at City Hall, in the
City of Corpus Christi, following publication of notice of the hearings in a newspaper of.
general circulation in the City of Corpus Chdsti, for the consideration of annexation
proceedings and the service plan for the defined lands and territory, during which all
persons interested in the annexations were allowed to appear and be heard;
WHEREAS, a service plan for the area proposed to be annexed was made available for
public inspection and explained at public hearings on November 9th and 16th, 1999;
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;
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 hereinafter described.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. That a 3.5 acre tract of land, more or less, out of a 5.053 acre tract, now
or formerly owned by Ross Langham, described in Document No. 1996030544, dated
August 7, 1996, filed for record in Nueces County Deed Records, is annexed to,
R92899A2.,doc
173
2
brought within the corporate limits, and made an integral part of the City of Corpus
Chdsti. The tract is described by metes and bounds in Exhibit A and by a map in
Exhibit B of this ordinance.
SECTION 2. That a 17.2 acre tract of land, more or less, out of a 11.963 acre tract now
or formerly owned by the Premier Planning and Development Corporation, a Texas
Corporation, described in Document No. 1999040660, dated September 10, 1999,
Nueces County Deed Records, and out of a 39.566 acre tract, now or formerly owned
by J. G. Haldeman, described in Document No. 875097, Nueces County, Texas, Deed
Records, is annexed to, brought within the corporate limits, and made an integral part of
the City of Corpus Chdsti. The tract is described by metes and bounds in Exhibit C and
by a map in Exhibit D of this ordinance.
SECTION 3. That a 24.8 acre tract of land, more or less, consisting of 14.07 acres
platted as Wood Estates Unit 2A and 10.73 acres, more or less, out of a 30.913 acre
tract, more or less, now or formerly owned by TRP, LLC, described in Document No.
1998053020, Nueces County Deed Records, is annexed to, brought within the
corporate limits, and made an integral part of the City of Corpus Christi. The tract is
described by metes and bounds in Exhibit E and by a map in Exhibit F of this
ordinance.
SECTION 4. That a 10 acre tract of land, more or less, out of a 61.30 acre tract, now or
formerly owned by Wood River Property, described in Document No. 907096, Nueces
County Deed Records, is annexed to, brought within the corporate limits, and made an
integral part of the City of Corpus Christi. The tract is described by metes and bounds
in Exhibit G and by a map in Exhibit H of this ordinance.
SECTION 5. That a 10 acre tract of land, more or less, out of a 43.31 acre tract, more
or less, now or formerly owned by Wood River Property, described in Document No.
1999019237, Nueces County Deed Records, is annexed to, brought within the
corporate limits, and made an integral part of the City of Corpus Chdsti. The tract is
described by metes and bounds in Exhibit I and by a map in Exhibit J of this ordinance.
SECTION 6. That there is approved, as part of this annexation ordinance, a service
plan. The service plan, in Exhibit K of this ordinance, is incorporated into and made a
part of this ordinance. The service plan provides for the same number of services and
levels of service for the annexed area and to the same extent that such services are in
existence in the area annexed immediately preceding the date of annexation or that are
otherwise available in other parts of the city with land uses and population densities
similar to those contemplated or projected in the area annexed.
SECTION 7. 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,
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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 8. 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 Chdsti, Texas.
SECTION 9. 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 '10. 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, paregraph, subdivision, clause,
phrase, word or provision hereof be given full force and effect for its purpose.
SECTION 1t. This ordinance goes into effect at 12:01 a.m, December 28, 1999.
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EXHIBIT A
METES AND BOUNDS
AREA "A", TRACT 1
A 3.5 acre tract of land, more or less, out of a 5.053 acre tract, now or formerly owned
by Ross Langham, described in Document No. 1996030544, dated August 7, 1996,
filed for Record in Nueces County Deed Records, said 3.5 acre tract more particulady
described as follows:
BEGINNING at a point on the east right-of-way line of existing 60-foot wide East
Riverview Drive, said point bears North 00° 32' 40" East, a distance of 191.00 feet,
more or less, from the northwest comer of Lot 16, Block 33, Wood River Subdivision
Unit 3, for a comer on the present City limit line as established by Ordinance
No. 023135, dated November 18, 1997 and the southwest comer of this tract;
THENCE North 00° 32' 40" East along said east right-of-way line of East Riverview
Drive, 375.00 feet, more or less, to a point, for the northwest corner of said 5.053 acre
tract and the northwest comer of this tract;
THENCE South 63° 10' 20" East along the north line of said 5.053 acre tract, 684.18',
more or less, to its intersection with the centerline of an existing 100-foot wide drainage
easement, for a point on said present City limit line and the northeast comer of this
tract;
THENCE South 57° 32' 40" West, along said present City limit line, 230.36 feet, more or
less, to the point of beginning of a curve to the left, whose central angle = 57° 00' 00",
radius = 163.50 feet and length of curve = 162.66 feet;
THENCE southwesterly along said curve to the left, continuing along said present City
limit line, an arc distance of 162.66 feet, more or less, to its point of tangency;
THENCE North 00° 32' 40" East, continuing along said present City limit line, 191.00
feet, more or less, to a point, for a corner in said present City limit line and an inside
comer of this tract;
THENCE North 89° 27' 20" West, continuing along said present City limit line, 346.00
feet, more or less, to a point on said east right-of-way line of 60-foot wide East
Riverview Drive for a comer in said present City limit line and the POINT OF
BEGINNING.
1
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OCL
EXHIBIT B
Ld
Z
ICL
_ AREA A - TRACT 1
1999 ANNEXATION PROGRAM
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/ \
CITY OF CO~US
EXHIBIT C
METES AND BOUNDS
AREA "A", TRACT 2
A 17.2 acre tract of land, more or tess, out of a 11.963 acre tract now or formerly owned
by the Premier Planning and Development Corporation, a Texas Corporation, described
in Document No. 1999040660, dated September 10, 1999, Nueces County Deed
Records, and out of a 39.566 acre tract, now or formerly owned by J. G. Haldeman,
described in Document No. 875097, Nueces County, Texas, Deed Records, said 17.2
acre tract more particularly described as follows:
BEGINNING at a point, a corner on the present City limit line established by Ordinance
No. 23135, dated November 18, 1997, which bears North 43° 45' 40" West, 84.55 feet,
more or less, from the north corner of Lot 10, Block 52, Wood River Subdivision Unit 9,
for an outside corner of the tract hersin described;
THENCE South 43° 45' 40" East, 84.55 feet, more or less, to a point, for a comer in the
present City limit line established by Ordinance No. 19160, dated January 14, 1986,
and an inside comer of this tract;
THENCE South 49° 08' 27" West along the present City limit line, 123.58 feet, more or
less, for a point of deflection on said present City limit line, and an inside corner of this
tract;
THENCE South 42° 08' 12" West continuing with the present City limit line, 151.21 feet,
more or less, for a corner on the present City limit line established by Ordinance
No. 21914, dated April 19, 1994;
THENCE North 47° 51' 58'~/V 185.80 feet, more or less, to a point on the west right-of-
way line of a 100-foot drainage right-of-way, for a comer on the present city limit line, a
curve to the left whose central angle = 47°02' 27", radius = 509.52, tangent = 221.76,
length of curve = 418.32 feet, for a comer on the present city limit line and an inside
comer of this tract;
THENCE in a southwesterly direction along said curve to the left, the present City limit
line and the west right-of-way line of a 100-foot wide drainage right-of-way platted as
part of Wood River Subdivision Unit 10, an arc distance of 120 feet, more or less, to its
intersection with a line which bears South 43~ 45' 40" East from the southwest corner of
the aforementioned 11.963 acre tract, for the south comer of this tract;
THENCE North 43° 45' 40" West, 1,120 feet, more or less, to a point on the east right-
of-way line of East Riverview Drive, for the southwest comer of said 11.963 acre tract
and the southwest comer of this tract;
1
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THENCE North 0° 32' 40" East, along said east right-of-way line of East Riverview
Drive, 660 feet, more or less, to a point for the northwest corner of said 11.963 acre
tract, and the northwest corner of this tract;
THENCE South 89° 27' 20" East along the north line of said 11.913 acre tract, 103.67
feet, more or less, to a point on the northeast line of a 30-foot wide Texas Eastern
Transmission Corporation pipeline right-of-way which is recorded in Volume 760, Pages
214 and 215, Nueces County, Texas, Deed Records, for the northeast comer of this
tract;
THENCE South 43° 45' 40" East along the northeast right-of-way line of said 30-foot
wide pipeline right-of-way, 1,550.19 feet, more or less, to a point on the present City
limit line established by Ordinance No. 23135, dated November 18, 1997, for the
easternmost corner of this tract;
THENCE South 46° 14' 20" West, along said present City limit line, crossing said 30-
foot wide pipeline right-of-way, 30 feet, more or less, to a point on the south line of said
30-foot wide pipeline right-of-way, for a corner on the present City limit line and the
POINT OF BEGINNING.
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EXHIBIT D
ICL
OCL
AREA A - TRACT 2
1999 ANNEXATION PROGRAM
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EXHIBIT E
METES AND BOUNDS
AREA "A", TRACT 3
A 24.8 acre tract of land, more or less, consisting of 14.07 acres platted as Wood
Estates Unit 2A and 10.73 acres, more or less, out of a 30.913 acre tract, more or less,
now or formerly owned by TRP, LLC, described in Document No. 1998053020, Nueces
County Deed Records, said 24.8 acre tract, more or less, more particularly described as
follows:
BEGINNING at a comer on the present City limit line, established by Ordinance No.
23135, dated November 18, 1997, said comer bears North 43° 45' 40" West, 84.55
feet, more or less, thence North 46° 14' 20" East, 372 feet, more or less, from the north
comer of Lot 10, Block 52, Wood River Subdivision Unit 9, for the west corner of the
tract herein described;
THENCE North 46° 14' 20" East, along a common line between a 106.75 acre tract,
now or formerly owned by J. G. Haldeman, described in Document No, 825692, Nueces
County Deed Records, and a 61.30 acre tract, now or formerly owned by Wood River
Property, described in Document No. 907096, Nueces County Deed Records, 590.00
feet, more or less, to a comer on the present City limit line, being the west comer of
Tract 4 described in Ordinance No. 23135, dated November 18, 1997, for the north
comer of this tract;
THENCE South 50° 35' 00" East along the present City limit line, 1,015 feet, more or
less, to the point of curvature of a curve to the left, whose radius is 770.00 feet and
length of curve is 350 feet, for a point on the northeast line of this tract;
THENCE in a southeasterly direction, along said curve to the left, the present City limit
line, an am distance of 350 feet to the point of tangency;
THENCE South 76° 15' 00" East continuing along the present City limit line, 90 feet,
more or less, to a point on the south right-of-way line of existing 50-foot wide Beal
Drive, as platted with Wood River Subdivision Unit 11A, for a point on said present City
limit line established by Ordinance No. 22617, dated June 25, 1996, and a point on the
northeast line of this tract;
THENCE southeasterly along the south right-of-way line of said Beal Drive, and
continuing with the present City limit line, an arc distance of 163.21 feet, more or less,
to its intersection with the north line of the park at Wood River Unit 8, for a corner on
the present City limit line established by Ordinance No. 19160, dated January 14, 1986,
and the east comer of this tract;
THENCE in a westerly direction along the north line of the park at Wood River Unit 8,
the present City limit line, its curves and its angles, to the north corner of Lot 1A, Block
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49, the park at Wood River Unit 8, for a comer on said present City limit line, and a
point of deflection on the southwest line of this tract;
THENCE North 43° 45' 40" West along the present City limit line established by
Ordinance No. 23135, a distance of 795 feet, more or less, to a point, for the POINT OF
BEGINNIING.
2
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EXHIBIT F
AREA A - TRACT 3
1999 ANNEXATION PROGRAM ? ~ ~o _----' ~_
~-~
EXHIBIT G
METES AND BOUNDS
AREA "A", TRACT 4
A 10 acre tract of land, more or less, out of a 61.30 acre tract, now or formerly owned
by Wood River Property, described in Document No. 907096, Nueces County Deed
Records, said 10 acre tract, more or less, more particularly described as follows:
BEGINNING at a point on the present City limit line established by Ordinance
No. 23135, dated November 18, 1997, said point beam North 43° 45' 40" West, 84.55
feet, more or less, then North 46° 14' 20" East, 30 feet, more or less, from the north
comer of Lot 10, Block 52, Wood River Subdivision Unit 9, and is located on the
northeast line of a 30-foot wide Texas Eastern Transmission Corporation pipeline fight-
of-way which is recorded in Volume 760, Pages 214 and 215, Nueces County Deed
Records, for the south comer of the tract herein described;
THENCE North 43° 45' 40" West along the northeast line of said 30-foot wide pipeline
right-of-way, 1,182.00 feet, to a point for the west corner of this tract;
THENCE North 46° 14' 20" East, 340.08 feet, to a point for the north comer of this tract;
THENCE South 43° 45' 40" East, 1,182.00 feet, more or less, to a point for a comer on
said present City limit line and the east comer of this tract;
THENCE South 46° 14' 20" West along said present City limit line, 340.08 feet, more or
less, to a point on the northeast line of said 30-foot pipeline right-of-way, for the POINT
OF BEGINNING.
1
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EXHIBIT H
1
EXHIBIT I
METES AND BOUNDS
AREA "A", TRACT 5
A 10 acre tract of land, more or less, out of a 43.31 acre tract, more or less, now or
formerly owned by Wood River Property, described in Document No. 1999019237,
Nueces County Deed Records, said 10 acre tract, more or less, more particularly
described as follows:
BEGINNING at a point, the intersection of the northerly extension of the east line of a
9.353 acre tract, more or less, now or formerly owned by the Estate of Mrs. Nina G.
Stewart, described in Volume 300, Page 153, Nueces County Deed Records, and the
south low water line of the Nueces River, for a point on the present City limit line
established by Ordinance No. 10002, dated November 18, 1970, and the northwest
comer of the tract herein described;
THENCE in a southeasterly direction, along the present City limit line, the south low
water line of the Nueces River, its curves and its angles, to its intersection with the
northeasterly extension of the northwest line of Tract 5, as described in Ordinance
No. 23135, dated November 18, 1997, for the east comer of this tract;
THENCE South 46° 14' 20" West along the present City limit line established by said
Ordinance No. 23135, dated November 18, 1997, 240.00 feet, more or less, for a
comer in the present City limit line, and an inside comer of this tract;
THENCE South 47° 48' 25' East, continuing along the present City limit line, 190.00
feet, more or less, to a point on a common line between a 106.75 acre tract, more or
less, described in Document No. 825692 and a 61.30 acre tract, more or less,
described in Document No. 907096, Nueces County Deed Records, for the north corner
of Tract 4 as described in Ordinance No. 23135, dated November 18, 1997, and an
outside corner of this tract;
THENCE South 46° 14' 20" West along the present City limit line, 350.00 feet, more or
less, to a comer on said present City limit line, the west corner of Tract 4 as described
in Ordinance No. 23135, dated November 18, 1997, and the south comer of this tract;
THENCE North 46° 54' 43" West, a distance of 1,814.82 feet, more or less, to a point,
for the POINT OF BEGINNING.
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EXHIBIT J
AREA A - TRACT 5
'1999 ANNEXATION PROGRAM ? ~o ~o _=' n
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EXHIBIT K
SERVICE PLAN FOR FIVE TRACTS OF LAND ADJACENT TO THE CITY
LIMITS IN THE VICINITY OF THE WOOD RIVER SUBDIVISION;
DESCRIBED IN EXHIBITS A, C, E, G, AND I OF THIS ORDINANCE
Upon annexation of the five tracts comprising approximately 65.5 acres of land, the City
of Corpus Christi, will provide city services by any of the methods by which it extends
the services to any other area of the city. The following is the service plan for the six
tracts in accordance with state statutes to provide the newly annexed areas a uniform
level of services.
As these tracts are developed, the City will assume maintenance responsibility of the
infrastructure and improvements implemented in dedicated public rights-of-way within
the tracts, as installed and accepted by the City in accordance with the Platting
Ordinance. Improvements to be constructed include streets, curbs and gutters, water,
drainage and gas service facilities. Items to be provided in the Service Plan for the
annexed property, are as follows:
FOR SERVICES IMMEDIATELY UPON ANNEXATION
1. Police Protection
The City of Corpus Chdsti, Texas, and its Police Department will provide police
protection to the newly annexed tracts at the same level of service now being provided
to areas of the City of Corpus Christi.
2. Fire Protection And Emergency Medical Service
The City of Corpus Christi, Texas, and its Fire Department will provide fire protection
and emergency medical service to the newly annexed tracts at the same level of
service now being provided to other areas of the City of Corpus Chdsti, Texas. Further,
the City of Corpus Chdsti Fire Department and Emergency Medical Service will respond
to all dispatched calls and requests for service or assistance within the newly annexed
area.
3. Solid Waste Collection
The City of Corpus Christi provides solid waste services to residential customers.
Commercial customers may contract with the City or commercial collectors. Upon
annexation the City will provide solid waste services to residential customers in the area
annexed,
4. Maintenance Of Water And Waste Water Facilities
Any and all water or waste water facilities owned or maintained by the City of Corpus
Chdsti, Texas, at the time of the proposed annexation shall continue to be maintained
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by the City of Corpus Christi, Texas. Any and all water or waste water facilities which
may be acquired subsequent to the annexation of the proposed area shall be
maintained by the City of Corpus Christi, Texas, to the extent of its ownership. The now
existing water line mains at their existing locations shall be available for point of use
extension based upon the current City's standard water extension policies now existing
or as may be amended. Individual septic systems may be acceptable if State
standards are met and approved by the City/County Health Department.
5. Maintenance Of Roads And Streets
Any and all roads, streets or alleyways which are dedicated to the City of Corpus
Christi, Texas, or which are owned by the City of Corpus Chdsti, Texas, shall be
maintained to the same degree and extent that other roads, streets and alleyways are
maintained in the City. Any and all lighting of reads, streets and alleyways which may
be positioned in a right-of-way, roadway or utility company easement shall be
maintained by the applicable utility company servicing the City of Corpus Christi, Texas,
pursuant to the rules, regulations and fees of such utility. Roads and streets under the
responsibility of the County, will be maintained by the City upon dedication by the
County to the City and City's acceptance of the rights-of-way.
6. Maintenance of Parks, Playgrounds and Swimming Pools
Any park that may be under the responsibility of the County will be maintained by the
City only upon dedication of the park by the County to the City and City's acceptance of
said park. In the event any such parks, playgrounds or swimming pools do exist, and
such parks, playgrounds or public swimming pools are accepted as City owned public
facilities by the City of Corpus Chdsti, Texas, they will be maintained to the same
extent and degree that parks, playgrounds and swimming pools and other similar areas
of the City of Corpus Christi, Texas are maintained.
7. Maintenance Of Any Publicly Owned Facility, Building Or Municipal Service
The City Council of the City of Corpus Christi, Texas, is not aware of the existence of
any publicly owned facility, building or other municipal service now located in the area
proposed for annexation. In the event any such publicly owned facility, building or
municipal service does exist, is a public facility dedicated to the City of Corpus Chdsti,
such facilities, buildings or municipal services are accepted by the City of Corpus Christi
and will be maintained to the same extent and degree that publicly owned facilities,
buildings or municipal services of the City of Corpus Christi, Texas are maintained.
CONSTRUCTION OF ANY CAPITAL IMPROVEMENTS TO BEGIN WITHIN 2 YEARS
1. Police Protection And Fire Protection
The City Council of the City of Corpus Christi, Texas, finds and determines it to be
unnecessary to acquire or construct any capital improvement within 2 1/2 years of the
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effective date of the annexation of a particular annexed area for the purposes of
providing fire protection. The City Council finds and determines that it has at the
present time adequate facilities to provide the same type, kind and level of protection
and service which is presently being administered to other areas already incorporated
in the City of Corpus Christi, Texas, with the same or similar topography, land use and
population density.
2. Water And Waste Water Facilities
For the next 2 1/2 years the City Council of the City of Corpus Christi, Texas, finds and
determines that water service or City water mains and wastewater collection lines exist
for points of connection for serviceable extensions to provide service within the area to
be annexed pursuant to the City's standard service extension policies now in existence
or as may be amended by the City Council.
3. Roads And Streets Lighting
Within 2 1/2 years from the date of the annexation of the proposed area, the City of
Corpus Chdsti, Texas, with a cooperative effort of the City's designated electdc utility
franchise company, will undertake to provide the same degree of road and street
lighting as is provided in areas of similar topography, land use and population density
within the present corporate limits of the City of Corpus Christi, Texas. Maintenance of
lighting for propedy dedicated roads and streets will be consistent with the maintenance
provided by the City to other roads and streets in areas of similar topography, land use
and sub-development of the annexed property. New development will be required
pursuant to the ordinances of the City of Corpus Christi, Texas, to provide internal and
peripheral streets and to construct those streets in accordance with the specifications
required by the City of Corpus Christi, Texas, for a properly dedicated street.
4. Provision Of Parks, Playgrounds, And Swimming Pools, And Any Other
Publicly Owned Facility, Building Or Service
To the extent that it becomes necessary because of development demands and
population growth, the City Council of the City of Corpus Christi, Texas, will undertake
to provide any such facility which it deems necessary to adequately provide for the
health and safety of the citizens of the newly incorporated area based upon the
standard considerations of comparable service levels provided properties within the City
with similar topography, land use and population density.
SPECIFIC FINDINGS
The City Council of the City of Corpus Christi, Texas, finds and determines that this
proposed Service Plan will not provide any fewer services, and it will not provide a
lower level of service in the area proposed to be annexed than were in existence in the
proposed area at the time immediately preceding the annexation process.
3
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AN ORDINANCE
ANNEXING FOUR TRACTS OF LAND ADJACENT TO THE CITY LIMITS
IN THE VICINITY OF THE WOOD RIVER SUBDIVISION AND HAZEL
BAZEMORE PARK; PROVIDING FOR A SERVICE PLAN FOR THE
ANNEXED TRACTS OF LAND; 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 CHRIST!; PROVIDING FOR SEVERANCE; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the City of Corpus Chdsti desires to annex four tracts of land, in the vicinity
of the Wood River Subdivision and Hazel Bazemore Park, to the City of Corpus Chdsti;
WHEREAS, on November 9th and 16th, 1999, public hearings were held by the City
Council, during City Council meetings held in the Council Chambers, at City Hall, in the
City of Corpus Christi, following publication of notice of the hearings in a newspaper of
general circulation in the City of Corpus Christi, for the consideration of annexation
proceedings and the service plan for the defined lands and territory, during which all
persons interested in the annexations were allowed to appear and be heard;
WHEREAS, a service plan for the area proposed to be annexed was made available for
public inspection and explained at public hearings on November 9th and 16th, 1999;
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;
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, this annexation will leave property owned by Nueces County, and used as
a park, River Hills Country Club, and six single family residences, outside, but
completely surrounded by, the city limits of the City of Corpus Chdsti; and
WHEREAS, the owners of the Rivers Hills Country Club and six single family
residences requested that their property not be annexed, notwithstanding the fact that
the properties will be located within area that is completely surrounded by the city limits
of the City of Corpus Chdsti; and
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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 hereinafter described.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. The City Council finds that leaving the property owned by Nueces County,
River Hills Country Club, and six single family residences outside, but completely
surrounded by, the city limits of the City of Corpus Chdsti is in the public interest.
SECTION 2. That a 22.5 acre tract of land, more or less, out of a 38.07 acre tract,
more or less, now or formerly owned by Nueces County, described in Document No.
1998056953, Nueces County Deed Records, is annexed to, brought within the
corporate limits, and made an integral part of the City of Corpus Christi. The tract is
described by metes and bounds in Exhibit A and by a map in Exhibit B of this
ordinance.
SECTION 3. That a 34.3 acre tract of land, more or less, consisting of a 22.13 acre
tract, more or less, now or formerly owned by Gary L. Martin, et ux, described in
Document No. 943189, Nueces County Deed Records, and 12.17 acres, more or less,
out of a 38.07 acre tract, more or less, now or formerly owned by Nueces County,
described in Document No. 1978056953, Nueces County Deed Records, is annexed to,
brought within the corporate limits, and made an integral part of the City of Corpus
Chdsti. The tract is described by metes and bounds in Exhibit C and by a map in
Exhibit D of this ordinance.
SECTION 4. That a 26.95 acre tract of land, more or less, out of the Herrera Grant
North portion and out of Nueces River Irrigation Park Annex 1, located north of and
adjacent to the present city limit line and east of and adjacent to existing River Hill
Drive, is annexed to, brought within the corporate limits, and made an integral part of
the City of Corpus Christi. The tract is described by metes and bounds in Exhibit E and
by a map in Exhibit G of this ordinance.
SECTION 5. That a 7.02 acre tract of land, more or less, out of Nueces River Irrigation
Park, Annex 1, and out of an 8.907 acre tract described in Deed Vol. 2207, Page 411,
Nueces County, Texas, Deed Records, is annexed to, brought within the corporate
limits, and made an integral part of the City of Corpus Christi. The tract is described by
metes and bounds in Exhibit F and by a map in Exhibit G of this ordinance.
SECTION 6. That there is approved, as part of this annexation ordinance, a service
plan, The service plan, in Exhibit H of this ordinance, is incorporated into and made a
part of this ordinance. The service plan provides for the same number of services and
levels of service for the annexed area and to the same extent that such services are in
existence in the area annexed immediately preceding the date of annexation or that are
otherwise available in other parts of the city with land uses and population densities
similar to those contemplated or projected in the area annexed.
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SECTION 7. 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 Chdsti, 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 Christ/and to all intents and purposes
as the present owners and inhabitants of the City of Corpus Christi are subject.
SECTION 8. 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 9. 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 10. If for any reason any section, paregraph, 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 fome and effect for its purpose.
SECTION 1'1. This ordinance goes into effect at 12:01 a.m, December28, 1999.
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1
EXHIBIT A
METES AND BOUNDS
AREA "B", TRACT 1
A 22.5 acre tract of land, more or less, out of a 38.07 acre tract, more or less, now or
formerly owned by Nueces County, described in Document No. 1998056953, Nueces
County Deed Records, said 22.5 acre tract, more or less, more particularly described as
follows:
BEGINNING at a point on the west line of Lot 2, Block 44, Wood River Subdivision
Unit 5, a comer on the present City limit line established by Ordinance No. 22617,
dated June 25, 1996, said comer also being the northeast comer of Wood River
Subdivision Unit 11A, for the southeast corner of the tract herein described;
THENCE westerly along the north line of Wood River Subdivision Unit 11A, the present
City limit line, its curves and its angles to a point, for the north comer on Lot 9, Block 5,
Wood River Subdivision Unit 11A, and a point of the southwest line of this tract;
THENCE North 55° 32' 15" West along the present City limit line established by
Ordinance No. 23135, dated November 18, 1997, 185 feet, more or less, to a point of
deflection on the southwest line of this tract;
THENCE North 62° 42' 50" West continuing with the present City limit line, 768.20 feet,
more or less, for an outside comer of this tract;
THENCE North 40° 17' 27" West continuing with the present City limit line, 382.18 feet,
more or less, to a point on the south low water line of the Nueces River, for a point on
the present city limit line established by Ordinance No. 10002, dated November 18,
1970, and the west comer of this tract;
THENCE easterly along the south low water line of the NUeces River, the present City
limit line, to a corner on said present City limit line, the northwest corner of Lot 2, Block
44, Wood River Subdivision Unit 5, and the northeast comer of this tract;
THENCE South 17° 06' 15" West, along the present City limit line established by
Ordinance No. 17686, dated July 6, 1983, the northwest line of Lot 2, Block 44, Wood
River Subdivision Unit 5, 1,100 feet, more or less, to a point, for the northeast comer of
Wood River Subdivision Unit 11A, and the POINT OF BEGINNING.
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EXHIBIT B
TRACT
~'1999 ANNEXATION PROGRAM
195
EXHIBIT C
METES AND BOUNDS
AREA "B", TRACT 2
A 34.3 acre tract of land, more or less, consisting of a 22.13 acre tract, more or less,
now or formerly owned by Gary L. Martin et ux, described in Document No. 943189,
Nueces County Deed Records, and 12.17 acres, more or less, out of a 38.07 acre tract,
more or less, now or formerly owned by Nueces County, descdbed in Document No.
1998056953, Nueces County Deed Records, said 34.3 acre tract, more or less, more
particularly described as follows:
BEGINNING at a comer on the present City limit line, the intersection of the east line of
Lot 2, Block 44, Wood River Subdivision Unit 5, and the south low water line of the
Nueces River, for the northwest comer of this tract;
THENCE easterly along the low water line of the Nueces River, the present City limit
line established by Ordinance No. 10002, dated November 18, 1970, to a corner in said
present City limit line, forthe northwest comer of a 35.07 acre tract, more or less, now
or formerly owned by the City of Corpus Christi, described in Volume 2278, Pages 786-
790, Nueces County Deed Records, for the northerly northeast comer of this tract;
THENCE South 17° 06' 15" West, along the present City limit line established by
Ordinance No. 22441, dated December 19, 1995, 1,066.68 feet, more or less, for an
inside comer of this tract;
THENCE South 84° 54' 24" East, continuing along the present City limit line, 243.52
feet, more or less, for an outside comer of this tract;
THENCE South 72° 18' 52" east, continuing along the present City limit line, 1,097.86
feet, more or less, to a point on the west line of Hazel Bazemore County Park, for the
southerly northeast comer of this tract;
THENCE South 09° 50' 45" West, leaving the present City limit line, along the west line
of Hazel Bazemore County Park, 536.73 feet, more or less, to a point on the north line
of the River Hills Country Club, a 102.70 acre tract, more or less, now or formerly
owned by the Rigo Corporation, described in Volume 361, Page 544, Nueces County
Deed Records, for the southeast corner of this tract;
THENCE westerly along the boundary line of said 102.70 acre tract, its curves and its
angles, to a point, the east comer of Lot 41, Block 1, Wood River Subdivision Unit 5, a
comer on the present City limit line established by Ordinance No. 17686, dated July 6,
1983, and an outside comer of this tract;
THENCE northwesterly, along the northeast line of said Lot 41, Block 1, Wood River
Subdivision Unit 5 and its northwesterly extension, to its intersection with the east line
1
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2
of Lot 2, Block 44, Wood River Subdivision Unit 5, for a comer on the present City limit
line, and the southwest corner of this tract;
THENCE North 17° 06' 15" East, along said present City limit line, the east line of Lot 2,
Block 44, Wood River Subdivision Unit 5, to a point on the south low water line of the
Nueces River, for the POINT OF BEGINNING.
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EXHIBIT D
AREA B - TRACT
1999 ANNEX~ATION PROGR~AM
1
rA
EXHIBIT E
METES AND BOUNDS
AREA "B", TRACT 4A
A 26.95 acre tract of land, more or Jess, out of the Herrera Grant North portion and out
of Nueces River Irrigation Park Annex 1, located north of and adjacent to the present
city limit line and east of and adjacent to existing River Hill Drive and more particularly
described as follows;
Beginning at a point, the intersection of the west line of Lot 3, Block 1, Nueces River
Irrigation Park Annex 1, shown on plat of record in Vol. 47, Page 116, Nueces County,
Texas, plat records, and the present city limit line as established by Ordinance No.
16752, dated November 18, 1981, for the southeast comer of the tract here-in
described;
THENCE westerly along the present city limit line, a line 200 feet north of and parallel to
the north right-of-way line of Northwest Boulevard (FM 624), to a point on the southeast
line of a 21.75 acre tract, described in Deed Vol. 2278, Page 755, Nueces County,
Texas, deed records, for a comer on the present city limit line, and an inside comer of
this tract;
THENCE southwesterly, along the southeast line of said 21.75 acre tract and the
present city limit line, to a point on the northeast right-of-way line of existing Riverwood
Drive, for a comer on the present city limit line and an outside comer of this tract;
THENCE westerly, crossing Riverwood Drive along the present city limit line, to a point
on the southwest right-of-way Fine of said Riverwood Drive, for the easternmost comer
of Lot 1, Nueces River Irrigation Park, Annex 2, shown on plat or record in Vol. 40,
Page 50, Nueces County, Texas, plat records, for a comer on the present city limit line
and an outside comer of this tract;
THENCE northwesterly, along the southwest right-of~way line of said Riverwood Drive,
the present city limit line, to the northeast comer of Lot 2, Nueces River Irrigation Park,
Annex 2, shown on plat of record in Vol. 41, Page 53, Nueces County, Texas plat
records, for a comer on the present city limit line and an inside comer of this tract;
THENCE southerly, along the east line of said Lot 2, to a point 200 feet north of the
north right-of-way line of Northwest Boulevard (FM 624), for a comer on the present city
limit line and an outside corner of this tract;
THENCE westerly, continuing along the present city limit line, a line 200 feet north of
and parallel to the north right-of-way line of said Northwest Boulevard, to a point on the
west line of said Lot 2, Nueces River Irrigation Park, Annex 2, for a corner on the
present city limit line and an outside comer of this tract;
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2
THENCE northedy, along the west line of said Lot 2 and the present city limit line, to th~
northwest comer of said Lot 2 on the southwest right-of-way line of Riverwood Ddve, for
a comer on the present city limit line and an inside corner of this tract;
THENCE westerly, along the southwest right-of-way line of said Riverwood Drive and
the present city limit line, to its intersection with the east right-of-way line of River Hill
Drive, the east line of Wood River Subdivision, Unit 1, shown on plat of record in
Vol. 44, Pages 180-182, Nueces County, Texas plat records, for a comer in the present
city limit line and an outside corner of this tract;
THENCE northerly, along the east line of said Wood River Subdivision Unit 1, and the
present city limit line, its curves and its angles, to the southwest comer of River Hill
Subdivision, shown on plat of record in Vol. 15, Page 137, Nueces County, Texas, plat
records, for a comer on the present city limit line and the northwest comer of this tract;
THENCE easterly, along the south line of said River Hill Subdivision and the present
city limit line, to the southeast corner of said River Hill Subdivision, the same being the
northeast corner of the aforementioned 21.75 acre tract, for a comer on the present city
limit line and an outside corner of this tract;
THENCE southerly, leaving the present city limit line and along the east line of said
21.75 acre tract, to a point, for the northwest corner of a 3.29 acre tract, described in
Document No. 1996000385, Nueces County, Texas, deed records, for an inside comer
of this tract;
THENCE easterly, along the north line of said 3.29 acre tract, to the northwest corner of
aforementioned Lot 3, Block 1, Nueces River Irrigation Park, Annex 1, for a comer on
the present city limit line, and the northeast corner of this tract;
THENCE southerly, along the west line of said Lot 3, Block 1, Nueces River I~gation
Park, Annex 1, to a point 200 feet north of the north right-of-way line of Northwest
Boulevard (FM 624), for the POINT OF BEGINNING.
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EXHIBIT F
METES AND BOUNDS
AREA"B",TRACT4B
A 7.02 acre tract of land, more or less, out of Nueces River Irrigation Park, Annex 1,
and out of an 8.907 acre tract described in Deed Vol. 2207, Page 411, Nueces County,
Texas, Deed Records, and more particularly described as follows;
BEGINNING at a point, the intersection of the west right-of-way line of County Road 69
(Hazel Bazemore Road) and the present city limit line, established by Ordinance No.
16752, dated November 18, 1981, for the southeast comer of the tract here-in
described;
THENCE westerly, along the present city limit line, a line 200 feet north of and parallel
to the north right-of-way line of Northwest Boulevard (FM 624), to its intersection with
the east line of Lot 4, Block 1, Nueces River Irrigation Park, Annex 1, shown on the plat
of record in Vol. 47, Page 116, Nueces County, Texas plat records, for a comer on the
present city limit line and the southwest comer of this tract;
THENCE northerly, along the east line of said Lot 4, Block 1, Nueces River Irrigation
Park, Annex 1, and continuing along the present city limit line, to the northeast comer of
said Lot 4, for a comer on said present city limit line and the northwest comer of this
tract;
THENCE easterly, leaving the present city limit line, and along the north line of the
aforementioned 8.907 acre tract, to a point on the west right-of-way line of County
Road 69, for the northeast corner of this tract;
THENCE southerly, along said west right-of-way line of County Road 69, to a point 200
feet north of the north right-of-way line of Northwest Boulevard, for the POINT OF
BEGINNING.
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201
EXHIBIT G
CITY OF CORPUS CI~ISTI
PLANNING DEPARTMENT
EXHIBIT H
SERVICE PLAN FOR FOUR TRACTS OF LAND ADJACENT TO THE CITY
LIMITS IN THE VICINITY OF THE WOOD RIVER SUBDIVISION AND
HAZEL BAZEMORE PARK; DESCRIBED IN EXHIBITS A, C, E, AND G OF
THIS ORDINANCE
Upon annexation of the four tracts comprising approximately 90.77 acres of land, the
City of Corpus Christi, will provide city services by any of the methods by which it
extends the services to any other area of the City. The following is the service plan for
the six tracts in accordance with state statutes to provide the newly annexed areas a
uniform level of services.
As these tracts are developed, the City will assume maintenance responsibility of the
infrastructure and improvements implemented in dedicated public rights-of-way within
the tracts, as installed and accepted by the City in accordance with the Platting
Ordinance. improvements to be constructed include streets, curbs and gutters, water,
drainage and gas service facilities. Items to be provided in the Service Plan for the
annexed property, are as follows:
FOR SERVICES IMMEDIATELY UPON ANNEXATION
'1. Police Protection
The City of Corpus Christ/, Texas, and its Police Department will provide police
protection to the newly annexed tracts at the same level of service now being provided
to areas of the City of Corpus Christi.
2. Fire Protection And Emergency Medical Service
The City of Corpus Christi, Texas, and its Fire Department will provide fire protection
and emergency medical service to the newly annexed tracts at the same level of
service now being provided to other areas of the City of Corpus Chdsti, Texas. Further,
the City of Corpus Christi Fire Department and Emergency Medical Service will respond
to all dispatched calls and requests for service or assistance within the newly annexed
area.
3. Solid Waste Collection
The City of Corpus Christi provides solid waste services to residential customers.
Commercial customers may contract with the City or commercial collectors. Upon
annexation the City will provide solid waste services to residential customers in the area
annexed.
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4. Maintenance Of Water And Waste Water Facilities
Any and all water or waste water facilities owned or maintained by the City of Corpus
Christi, Texas, at the time of the proposed annexation shall continue to be maintained
by the City of Corpus Christi, Texas. Any and all water or waste water facilities which
may be acquired subsequent to the annexation of the proposed area shall be
maintained by the City of Corpus Christi, Texas, to the extent of its ownership. The now
existing water line mains at their existing locations shall be available for point of use
extension based upon the current City's standard water extension policies now existing
or as may be amended. Individual septic system may be acceptable if State
standards are met and approved by the City/County Health Department.
5. Maintenance Of Roads And Streets
Any and all roads, streets or alleyways which are dedicated to the City of Corpus
Chdsti, Texas, or which are owned by the City of Corpus Christi, Texas, shall be
maintained to the same degree and extent that other roads, streets and alleyways are
maintained in the City. Any and all lighting of roads, streets and alleyways which may
be positioned in a right-of-way, roadway or utility company easement shall be
maintained by the applicable utility company servicing the City of Corpus Christi, Texas,
pursuant to the rules, regulations and fees of such utility. Roads and streets under the
responsibility of the County, will be maintained by the City upon dedication by the
County to the City and City's acceptance of the rights-of-way.
6. Maintenance of Parks, Playgrounds and Swimming Pools
Any park that may be under the responsibility of the County will be maintained by the
City only upon dedication of the park by the County to the City and City's acceptance of
said park. In the event any such parks, playgrounds or swimming pools do exist, and
such parks, playgrounds or public swimming pools are accepted as City owned public
facilities by the City of Corpus Christi, Texas, they will be maintained to the same
extent and degree that parks, playgrounds and swimming pools and other similar areas
of the City of Corpus Christi, Texas are maintained.
Maintenance Of Any Publicly Owned Facility, Building Or Municipal Service
The City Council of the City of Corpus Chdsti, Texas, is not aware of the existence of
any publicly owned facility, building or other municipal service now located in the area
proposed for annexation. In the event any such publicly owned facility, building or
municipal service does exist, is a public facility dedicated to the City of Corpus Chdsti,
such facilities, buildings or municipal services are accepted by the City of Corpus Christi
and will be maintained to the same extent and degree that publicly owned facilities,
buildings or municipal services of the City of Corpus Christi, Texas are maintained.
2
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3
CONSTRUCTION OF ANY CAPITAL IMPROVEMENTS TO BEGIN WITHIN 2 YEARS
'1. Police Protection And Fire Protection
The City Council of the City of Corpus Christi, Texas, finds and determines it to be
unnecessary to acquire or construct any capital improvement within 2 1/2 years of the
effective date of the annexation of a particular annexed area for the purposes of
providing fire protection. The City Council finds and determines that it has at the
present time adequate facilities to provide the same type, kind and level of protection
and service which is presently being administered to other areas already incorporated
in the City of Corpus Chfisti, Texas, with the same or similar topography, land use and
population density.
2. Water And Waste Water Facilities
For the next 2 1/2 years the City Council of the City of Corpus Christi, Texas, finds and
determines that water service or City water mains and wastewater collection lines exist
for points of connection for serviceable extensions to provide service within the area to
be annexed pursuant to the City's standard service extension policies now in existence
or as may be amended by the City Council.
3. Roads And Streets Lighting
Within 2 1/2 years from the date of the annexation of the proposed area, the City of
Corpus Christi, Texas, with a cooperative effort of the City's designated electric utility
franchise company, will undertake to provide the same degree of road and street
lighting as is provided in areas of similar topography, land use and population density
within the present corporate limits of the City of Corpus Christi, Texas. Maintenance of
lighting for properly dedicated roads and streets will be consistent with the maintenance
provided by the City to other roads and streets in areas of similar topography, land use
and sub-development of the annexed property. New development will be required
pursuant to the ordinances of the City of Corpus Christi, Texas, to provide internal and
peripheral streets and to construct those streets in accordance with the specifications
required by the City of Corpus Christi, Texas, for a properly dedicated street.
4. Provision Of Parks, Playgrounds, And Swimming Pools, And Any Other
Publicly Owned Facility, Building Or Service
To the extent that it becomes necessary because of development demands and
population growth, the City Council of the City of Corpus Christi, Texas, will undertake
to provide any such facility which it deems necessary to adequately provide for the
health and safety of the citizens of the newly incorporated area based upon the
standard considerations of comparable service levels provided properties within the City
with similar topography, land use and population density.
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205
SPECIFIC FINDINGS
The City Council of the City of Corpus Christi, Texas, finds and determines that this
proposed Service Plan will not provide any fewer services, and it will not provide a
lower level of service in the area proposed to be annexed than were in existence in the
proposed area at the time immediately preceding the annexation process.
4
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AN ORDINANCE
ANNEXING ONE TRACT OF LAND ADJACENT TO THE CITY LIMITS,
LOCATED BETWEEN I.H. 37 AND THE NUECES RIVER; PROVIDING
FOR A SERVICE PLAN FOR THE ANNEXED TRACTS OF LAND;
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; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Corpus Christi desires to annex one tract of land, located
between I.H. 37 and the Nueces River, to the City of Corpus Christi;
WHEREAS, on November 9th and 16th, 1999, public headngs were held by the City
Council, dudng City Council meetings held in the Council Chambers, at City Hall, in the
City of Corpus Christi, following publication of notice of the hearings in a newspaper of
general circulation in the City of Corpus Chdsti, for fie consideration of annexation
proceedings and the service plan for the defined lands and territory, during which all
persons interested in the annexations were allowed to appear and be heard;
WHEREAS, a service plan for the area proposed to be annexed was made available for
public inspection and explained at public hearings on November 9th and 16th, 1999;
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;
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 hereinafter described.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. That a 73 acre tract of land, more or less, out of Gregorio Fadas Abstract
No. 592, located north of and adjacent to existing Zamora Street and east of I. H. 37, is
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207
2
annexed to, brought within the corporate limits, and made an integral part of the City of
Corpus Chdsti. The tract is described by metes and bounds in Exhibit A and by a map
in Exhibit B of this ordinance.
SECTION 2. That there is approved, as part of this annexation ordinance, a service
plan. The service plan, in Exhibit C of this ordinance, is incorporated into and made a
part of this ordinance. The service plan provides for the same number of services and
levels of service for the annexed area and to the same extent that such services are in
existence in the area annexed immediately preceding the date of annexation or that are
otherwise available in other parts of the city with land uses and population densities
similar to those contemplated or projected in the area annexed.
SECTION 3. 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 Chdsti and to all intents and purposes
as the present owners and inhabitants of the City of Corpus Chdsti are subject.
SECTION 4. 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 5. 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 6. 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 7. This ordinance goes into effect at 12:01 a.m, December 28, 1999.
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EXHIBIT A
METES AND BOUNDS
AREA "C"
A 73 acre tract of land, more or less, out of Gregorio Farias Abstract No. 592, located
north of and adjacent to existing Zamora Street and east of I. H. 37 and more
particularly described as follows:
BEGINNING at a point, the intersection of the north right-of-way line of existing Zamora
Street and the east right-of-way line of existing Sharpsburg Road, for the southwest
comer of the tract herein described;
THENCE northerly along the east right-of-way line of existing Sharpsburg Road, to its
intersection with the westerly extension of the north right-of-way line of existing Rio
Vista Drive, for the point of curvature of a curve to the right whose radius = 3,709.7186
feet, chord distance = 786.717 feet, and chord bearing = South 10° 11' 37.41" East,
and a point on the west line of this tract;
THENCE continuing northerly along the present City limit line established by Ordinance
No. 21974, dated June 28, 1994, and said curve to the right, an arc distance of 535
feet, more or less, to its point of tangency;
THENCE North 04° 06' 25" West along said present City limit line, 295.38 feet, more or
less, for an inside comer of this tract;
THENCE North 86° 44' 00" West along the present City limit line, the north right-of-way
line of existing Sharpsburg Road, 60 feet, more or less, to a point on the present east
dght-of-way line of the Missouri-Pacific Railroad, for an outside corner of this tract;
THENCE northerly along the present City limit line, the present east right-of-way line of
the Missouri-Pacific railroad, its curves and its angles, to its intersection with the
westerly extension of the south line of Lot 17 of the now vacated Calallen Irrigation
Gardens as shown on Plat of Record in Volume T, Page 159, Nueces County, Texas
Plat Records for the northwest corner of this tract;
THENCE easterly along the south line common to Lots 17, 22, and 57, Calallen
Irrigation Gardens, to a point on the west right-of-way line of existing River Lane, for the
northeast comer of this tract;
THENCE South 11 ° 14' 00" West, with the west right-of-way line of 40-foot wide River
Lane, 716 feet, more or less, to a point on the north line of Block 1, Rio Vista
Subdivision, for an outside corner of this tract;
THENCE North 78° 46' 00" West, with said north boundary line of Block 1, Rio Vista
Subdivision, 95 feet, more or less, for the northwest comer of said Block 1 and an
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2
inside corner of this tract;
THENCE South 11 ° 14" 00" West, with the west line of said Block 1, Rio Vista
Subdivision, 910 feet, more or less, to the point of curvature of a curve to the left whose
central angle = 90°, radius = 20 feet, tangent = 20 feet, and arc length = 31.42 feet;
THENCE easterly with said curve to the left, 31.42 feet, more or less, to its point of
tangency;
THENCE South 78° 46' 00" East with the south line of said Block 1, Rio Vista
Subdivision, 75 feet for a comer of this tract;
THENCE South 11 ° 14' 00" West, 50 feet to the north line of Block 2, Rio Vista
Subdivision, for a comer of this tract;
THENCE North 78° 46' 00" West, with the north line of said Block 2, Rio Vista
Subdivision, 75 feet, more or less, for the point of curvature of a curve to the left whose
central angle = 90°, radius = 20 feet, tangent = 20 feet, and arc length = 31.42 feet,
THENCE southerly with said curve to the left, 32 feet, more or less, to its point of
tangency;
THENCE South 11 ° 14' 00" West with the west line of said Block 2, Rio Vista
Subdivision, 445 feet, more or less, for the point of curvature of a curve to the left
whose central angle = 90% radius = 20 feet, tangent = 20 feet and arc length = 31.42
feet;
THENCE easterly with said curve to the left, 31.42 feet, more or less, to its point of
tangency on the north right-of-way line of Zamora Street, for the southeast corner of
this tract;
THENCE North 78° 22' 51" West with the north right-of-way line of said Zamora Street,
to its intersection with the east right-of-way line of Sharpsburg Road, for the POINT OF
BEGINNING.
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EXHIBIT
7
i
AREA C - TRACT 1
1999 ANNEXATION PROGRAM
211
I
EXHIBIT C
SERVICE PLAN FOR ONE TRACT OF LAND ADJACENT TO THE CITY
LIMITS, LOCATED BETWEEN LH. 37 AND THE NUECES RIVER;
DESCRIBED IN EXHIBIT A OF THIS ORDINANCE
Upon annexation of the one tract comprising approximately 73 acres of land, the City of
Corpus Christi, will provide city services by any of the methods by which it extends the
services to any other area of the city. The following is the service plan for the six tracts
in accordance with state statutes to provide the newly annexed areas a uniform level of
services.
As these tracts are developed, the City will assume maintenance responsibility of the
infrastructure and improvements implemented in dedicated public rights-of-way within
the tracts, as installed and accepted by the City in accordance with the Platting
Ordinance. Improvements to be constructed include streets, curbs and gutters, water,
drainage and gas service facilities. Items to be provided in the Service Plan for the
annexed property, are as follows:
FOR SERVICES IMMEDIATELY UPON ANNEXATION
1. Police ProtecUon
The City of Corpus Chdsti, Texas, and its Police Department will provide police
protection to the newly annexed tracts at the same level of service now being provided
to areas of the City of Corpus ChdstL
2. Fire Protection And Emergency Medical Service
1
The City of Corpus Christi, Texas, and its Fire Department will provide fire protection
and emergency medical service to the newly annexed tracts at the same level of
service now being provided to other areas of the City of Corpus Chdsti, Texas. Further,
the City of Corpus Chdsti Fire Department and Emergency Medical Service will respond
to all dispatched cells and requests for service or assistance within the newly annexed
area.
3. Solid Waste Collection
The City of Corpus Chdsti provides solid waste services to residential customers.
Commercial customers may contract with the City or commercial collectors. Upon
annexation the City will provide solid waste services to residential customers in the area
annexed.
4. Maintenance Of Water And Waste Water Facilities
Any and all water or waste water facilities owned or maintained by the City of Corpus
Chdsti, Texas, at the time of the proposed annexation shall continue to be maintained
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2
by the City of Corpus Christi, Texas. Any and all water or waste water facilities which
may be acquired subsequent to the annexation of the proposed area shall be
maintained by the City of Corpus Christi, Texas, to the extent of its ownership. The now
existing water line mains at their existing locations shall be available for point of use
extension based upon the current City's standard water extension policies now existing
or as may be amended. Individual septic systems may be acceptable if State
standards are met and approved by the City/County Health Department.
5. Maintenance Of Roads And Streets
Any and all reads, streets or alleyways which are dedicated to the City of Corpus
Christi, Texas, or which are owned by the City of Corpus Chdsti, Texas, shall be
maintained to the same degree and extent that other roads, streets and alleyways are
maintained in the City. Any and all lighting of roads, streets and alleyways which may
be positioned in a right-of-way, roadway or utility company easement shall be
maintained by the applicable utility company servicing the City of Corpus Christi, Texas,
pursuant to the rules, regulations and fees of such utility. Roads and streets under the
responsibility of the County, will be maintained by the City upon dedication by the
County to the City and City's acceptance of the rights*of-way.
6. Maintenance of Parks, Playgrounds and Swimming Pools
Any park that may be under the responsibility of the County will be maintained by the
City only upon dedication of the park by the County to the City and City's acceptance of
said park. In the event any such parks, playgrounds or swimming pools do exist, and
such parks, playgrounds or public swimming pools are accepted as City owned public
facilities by the City of Corpus Christi, Texas, they will be maintained to the same
extent and degree that parks, playgrounds and swimming pools and other similar areas
of the City of Corpus Christi, Texas are maintained.
7. Maintenance Of Any Publicly Owned Facility, Building Or Municipal Service
The City Council of the City of Corpus Christi, Texas, is not aware of the existence of
any publicly owned facility, building or other municipal service now located in the area
proposed for annexation. In the event any such publicly owned facility, building or
municipal service does exist, is a public facility dedicated to the City of Corpus Chdsti,
such facilities, buildings or municipal services are accepted by the City of Corpus Christi
and will be maintained to the same extent and degree that publicly owned facilities,
buildings or municipal services of the City of Corpus Christi, Texas are maintained.
CONSTRUCTION OF ANY CAPITAL IMPROVEMENTS TO BEGIN WITHIN 2 YEARS
1. Police Protection And Fire Protection
The City Council of the City of Corpus Chdsti, Texas, finds and determines it to be
unnecessan/to acquire or construct any capital improvement within 2 1/2 years of the
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effective date of the annexation of a particular annexed area for the purposes of
providing fire protection. The City Council finds and determines that it has at the
present time adequate facilities to provide the same type, kind and level of protection
and service which is presently being administered to other areas already incorporated
in the City of Corpus Christi, Texas, with the same or similar topography, land use and
population density.
2. Water And Waste Water Facilities
For the next 2 1/2 years the City Council of the City of Corpus Chdsti, Texas, finds and
determines that water service or City water mains and wastewater collection lines exist
for points of connection for serviceable extensions to provide service within the area to
be annexed pursuant to the City's standard service extension policies now in existence
or as may be amended by the City Council.
3. Roads And Streets Lighting
Within 2 1/2 years from the date of the annexation of the proposed area, the City of
Corpus Christi, Texas, with a cooperative effort of the City's designated electric utility
franchise company, will undertake to provide the same degree of road and street
lighting as is provided in areas of similar topography, land use and population density
within the present corporate limits of the City of Corpus Christi, Texas. Maintenance of
lighting for properly dedicated roads and streets will be consistent with the maintenance
provided by the City to other roads and streets in areas of similar topography, land use
and sub-development of the annexed property. New development will be required
pursuant to the ordinances of the City of Corpus Christi, Texas, to provide internal and
peripheral streets and to construct those streets in accordance with the specffications
required by the City of Corpus Chdsti, Texas, for a properly dedicated street.
4. Provision Of Parks, Playgrounds, And Swimming Pools, And Any Other
Publicly Owned Facility, Building Or Service
To the extent that it becomes necessary because of development demands and
population growth, the City Council of the City of Corpus Christi, Texas, will undertake
to provide any such facility which it deems necessary to adequately provide for the
health and safety of the citizens of the newly incorporated area based upon the
standard considerations of comparable service levels provided properties within the City
with similar topography, land use and population density.
SPECIFIC FINDINGS
The City Council of the City of Corpus Christi, Texas, finds and determines that this
proposed Service Plan will not provide any fewer services, and it will not provide a
lower level of service in the area proposed to be annexed than were in existence in the
proposed area at the time immediately preceding the annexation process.
3
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AN ORDINANCE
ANNEXING TWO TRACTS OF LAND ADJACENT TO THE CITY LIMITS,
LOCATED ON MUSTANG AND NORTH PADRE ISLANDS, NORTH OF
PARK ROAD 22 AND NORTH AND WEST OF STATE HIGHWAY 361, IN
THE VICINITY OF PACKERY CHANNEL; PROVIDING FOR A SERVICE
PLAN FOR THE ANNEXED TRACTS OF LAND; 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;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Corpus Christi desires to annex two tracts of land, located on
Mustang and North Padre Islands, north of Park Road 22 and north and west of State
Highway 361, in the vicinity of Packery Channel, to the City of Corpus Chdsti;
WHEREAS, on November 9th and 16th, 1999, public hearings were held by the City
Council, dudng City Council meetings held in the Council Chambers, at City Hall, in the
City of Corpus Christi, following publication of notice of the hearings in a newspaper of
general circulation in the City of Corpus Christi, for the consideration of annexation
proceedings and the service plan for the defined lands and territory, dudng which all
persons interested in the annexations were allowed to appear and be heard;
WHEREAS, a service plan for the area proposed to be annexed was made available for
public inspection and explained at public hearings on November 9th and 16th, 1999;
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 Chdsti;
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, this annexation will leave property owned by Nueces County, and used as
a park, outside, but completely surrounded by, the city limits of the City of Corpus
Chdsti; 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 hereinafter described.
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NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION I. The City Council finds that leaving the property owned by Nueces County
outside, but completely surrounded by, the city limits of the City of Corpus Christi is in
the public interest.
SECTION 2. That a 1,176 acre tract of land, more or less, out of William Bryan Survey,
Abstract 44, William Bryan Survey, Abstract 46, State Tracts, 56, 59, and 60, and out of
Nicolas and Juan Jose Balli Survey, Abstract 1998, located north of South Padre Island
Drive (Park Road 22), and north and west of Highway State 361 ,is annexed to, brought
within the corporate limits, and made an integral part of the City of Corpus Chdsti. The
tract is described by metes and bounds in Exhibit A and by a map in Exhibit B of this
ordinance.
SECTION 3. That a sixty-two (62) acre tract of land, more or less, out of Nicolas and
Juan Jose Balli, Abstract 1998, located northeast of South Padre Island Ddve (Park
Road 22) and north of and north and west adjacent to State Highway 361, is annexed
to, brought within the corporate limits, and made an integral part of the City of Corpus
Chdsti. The tract is described by metes and bounds in Exhibit C and by a map in
Exhibit D of this ordinance.
SECTION 4. That there is approved, as part of this annexation ordinance, a service
plan. The service plan, in Exhibit E of this ordinance, is incorporated into and made a
part of this ordinance. The service plan provides for the same number of services and
levels of service for the annexed area and to the same extent that such services are in
existence in the area annexed immediately preceding the date of annexation or that are
otherwise available in other parts of the city with land uses and population densities
similar to those contemplated or projected in the area annexed.
SECTION 6. 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 6. 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 7. 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.
2
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SECTION 8. 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. This ordinance goes into effect at 12:01 a.m, December 28, 1999.
3
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EXHIBIT A
METES AND BOUNDS
AREA "D", TRACT 1
A 1,176 acre tract of land, more or less, out of VVilliam Bryan Survey, Abstract 44,
William Bryan Survey, Abstract 46, State Tracts, 56, 59, and 60, and out of Nicolas and
Juan Jose Balli Survey, Abstract 1998, located north of South Padre Island Drive (Park
Road 22), and north and west of Highway State 361, and more particularly described as
follows:
BEGINNING at a point, the intersection of the east right-of-way line of State Highway
361 and the westerly shoreline of existing Packery Channel, for fie southeast comer of
the tract herein described;
THENCE northerly along the meanders of said westerly shoreline of Packery Channel,
to a point on the east line of Padre Island-Corpus Christi No. 1, Section 16, for a point
on the southwest line of this tract;
THENCE continuing northerly along said east line of Padre Island-Corpus Christi No. 1,
Section 16, to a point, for the southeast comer of Nueces County Park No. 2 on the
westerly shoreline of Packery Channel, and a point on the southwest line of this tract;
THENCE continuing northerly along the meanders of the westerly shoreline of Packery
Channel, to a point, the northwest comer of Block 1, Padre Island-Corpus Christi,
Section 18, for a comer on the present City limit line and the southwest comer of this
tract;
THENCE northeasterly along the present City limit line established by Ordinance
No. 10007, dated November 18, 1970, the common line between State Tracts 56, 57,
58, 59, 60, and 61, to a point, forthe north comer of State Tract 56 and an outside
comer of this tract;
THENCE southeasterly along the northeast line of State Tract 56, to a point on the west
line of William Bryan Survey, Abstract 44, for an inside comer of this tract;
THENCE northeasterly along said west line of William Bryan Survey, Abstract 44, to its
intersection with the southwest line of Mustang Island State Park, for an outside comer
of this tract;
THENCE southeasterly along the present City limit line established by Ordinance No.
15415, dated March 19, 1980, the southwest line of Mustang Island State Park, to a
point, for an inside comer of Mustang Island State Park and an outside comer of this
tract;
1
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2
THENCE southwesterly along the present City limit line, the southwest line of Mustang
Island State Park, its curves and its angles, to a point on the east right-of-way line of
State Highway 361, for an outside corner of this tract;
THENCE southwesterly along said east right-of-way line of State Highway 361, its
curves and its angles, to its intersection with the westerly shoreline of Packery Channel,
for the POINT OF BEGINNING.
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EXHIBIT B
ICL
Laguna Madre
Mustang Islend
StcYce Pcrk
ICL
OCl
Gulf. of
SEE AREA E
AREA D - TRACT 1
1999 ANNEXATION PROGRAM
220
1
EXHIBIT C
METES AND BOUNDS
AREA "D", TRACT 2
A 62 acre tract of land, more or less, out of Nicolas and Juan Jose Balli, Abstract 1998,
located northeast of South Padre Island Drive (Park Road 22) and north and west of
and adjacent to State Highway 361, and more particularly described as follows:
BEGINNING at a point, the intersection between the southeast right-of-way line of State
Highway 361 and the westerly shoreline of existing Packery Channel, for the southeast
comer of the tract herein described;
THENCE westerly along the southeast right-of-way line of State Highway 361, its
curves and its angles, to its intersection with the east right-of-way line of Sand Dollar
Avenue, for a point on the present City limit line established by Ordinance No. 16752,
dated December 9, 1981 and the southwest comer of this tract;
THENCE northerly along the present City limit line, and with the east right-of-way line of
Sand Dollar Avenue, to its intersection with the south right-of-way line of Verdemar
Drive, for a corner on the present City limit line and the northwest comer of this tract;
THENCE easterly along the present City limit line, the south right-of-way line of
Verdemar Ddve, to its intersection with the west right-of-way line of Playa Del Rey, for a
comer on the present City limit line, and an outside corner of this tract;
THENCE southeasterly along the present City limit line, the west right-of-way line of
Playa Del Rey, to a point on the south line of Padre Island-Corpus Christi, Section 16,
for a comer on the present City limit line, and an inside corner of this tract;
THENCE easterly along the present City limit line, the south line of Padre Island-Corpus
Chdsti, Section 16, to its southeast corner on the westerly shoreline of Packery
Channel, for the northeast corner of this tract;
THENCE southerly, leaving the present City limit line, along the meanders of the
westerly shoreline of Packery Channel, to its intersection with the east right-of-way line
of State Highway 361, for the POINT OF BEGINNING.
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EXHIBIT
i OCI_
AREA D TRACT 2
'1999 ANNE][A~ION PROGRAM
1
EXHIBIT E
SERVICE PLAN FOR TWO TRACTS OF LAND ADJACENT TO THE CITY
LIMITS, LOCATED ON MUSTANG AND NORTH PADRE ISLANDS,
NORTH OF PARK ROAD 22 AND NORTH AND WEST OF STATE
HIGHWAY 361, IN THE VICINITY OF PACKERY CHANNEL; DESCRIBED
IN EXHIBITS A AND C OF THIS ORDINANCE
Upon annexation of the two tracts comprising approximately 1,238 acres of land, the
City of Corpus Christi, will provide city services by any of the methods by which it
extends the services to any other area of the City. The following is the service plan for
the six tracts in accordance with state statutes to provide the newly annexed areas a
uniform level of services.
As these tracts are developed, the City will assume maintenance responsibility of the
infrastructure and improvements implemented in dedicated public rights-of-way within
the tracts, as installed and accepted by the City in accordance with the Platting
Ordinance. Improvements to be constructed include streets, curbs and gutters, water,
drainage and gas service facilities. Items to be provided in the Service Plan for the
annexed property, are as follows:
FOR SERVICES IMMEDIATELY UPON ANNEXATION
1. Police Protection
The City of Corpus Christi, Texas, and its Police Department will provide police
protection to the newly annexed tracts at the same level of service now being provided
to areas of the City of Corpus Christi.
2o Fire Protection And Emergency Medical Service
The City of Corpus Christi, Texas, and its Fire Department will provide fire protection
and emergency medical service to the newly annexed tracts at the same level of
service now being provided to other areas of the City of Corpus Christi, Texas. Further,
the City of Corpus Chdsti Fire Department and Emergency Medical Service will respond
to all dispatched calls and requests for service or assistance within the newly annexed
area.
3. Solid Waste Collection
The City of Corpus Christi provides solid waste services to residential customers.
Commercial customers may contract with the City or commercial collectors. Upon
annexation the City will provide solid waste services to residential customers in the area
annexed.
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4. Maintenance Of Water And Waste Water Facilities
Any and all water or waste water facilities owned or maintained by the City of Corpus
Christi, Texas, at the time of the proposed annexation shall continue to be maintained
by the City of Corpus Chdsti, Texas. Any and all water or waste water facilities which
may be acquired subsequent to the annexation of the proposed area shall be
maintained by the City of Corpus Christi, Texas, to the extent of its ownership. The now
existing water line mains at their existing locations shall be available for point of use
extension based upon the current City's standard water extension policies now existing
or as may be amended. Individual septic systems may be acceptable if State
standards are met and approved by the City/County Health Department.
5. Maintenance Of Roads And Streets
Any and all roads, streets or alleyways which are dedicated to the City of Corpus
Chdsti, Texas, or which are owned by the City of Corpus Christi, Texas, shall be
maintained to the same degree and extent that other roads, streets and alleyways are
maintained in the City. Any and all lighting of roads, streets and alleyways which may
be positioned in a right-of-way, roadway or utility company easement shall be
maintained by the applicable utility company servicing the City of Corpus Chdsti, Texas,
pursuant to the rules, regulations and fees of such utility. Roads and streets under the
responsibility of the County, will be maintained by the City upon dedication by the
County to the City and City's acceptance of the rights-of-way.
6o Maintenance of Parks, Playgrounds and Swimming Pools
Any park that may be under the responsibility of the County will be maintained by the
City only upon dedication of the park by the County to the City and City's acceptance of
said park. In the event any such parks, playgrounds or swimming pools do exist, and
such parks, playgrounds or public swimming pools are accepted as City owned public
facilities by the City of Corpus Christi, Texas, they will be maintained to the same
extent and degree that parks, playgrounds and swimming pools and other similar areas
of the City of Corpus Chdsti, Texas are maintained.
7. Maintenance Of Any Publicly Owned Facility, Building Or Municipal Service
The City Council of the City of Corpus Christi, Texas, is not aware of the existence of
any publicly owned facility, building or other municipal service now located in the area
proposed for annexation. In the event any such publicly owned facility, building or
municipal service does exist, is a public facility dedicated to the City of Corpus Chdsti,
such facilities, buildings or municipal services are accepted by the City of Corpus Christi
and will be maintained to the same extent and degree that publicly owned facilities,
buildings or municipal services of the City of Corpus Chdsti, Texas are maintained.
2
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3
CONSTRUCTION OF ANY CAPITAL IMPROVEMENTS TO BEGIN WITHIN 2 YEARS
1. Police Protection And Fire Protection
The City Council of the City of Corpus Chdsti, Texas, finds and determines it to be
unnecessary to acquire or construct any capital improvement within 2 1/2 years of the
effective date of the annexation of a particular annexed area for the purposes of
providing fire protection. The City Council finds and determines that it has at the
present time adequate facilities to provide the same type, kind and level of protection
and service which is presently being administered to other areas already incorporated
in the City of Corpus Chdsti, Texas, with the same or similar topography, land use and
population density.
2. Water And Waste Water Facilities
For the next 2 1/2 years the City Council of the City of Corpus Christi, Texas, finds and
determines that water service or City water mains and wastewater collection lines exist
for points of connection for serviceable extensions to provide service within the area to
be annexed pursuant to the City's standard service extension policies now in existence
or as may be amended by the City Council.
3. Roads And Streets Lighting
Within 2 1/2 years from the date of the annexation of the proposed area, the City of
Corpus Chdsti, Texas, with a cooperative effort of the City's designated electric utility
franchise company, will undertake to provide the same degree of road and street
lighting as is provided in areas of similar topography, land use and population density
within the present corporate limits of the City of Corpus Christi, Texas. Maintenance of
lighting for properly dedicated roads and streets will be consistent with the maintenance
provided by the City to other roads and streets in areas of similar topography, land use
and sub-development of the annexed property. New development will be required
pursuant to the ordinances of the City of Corpus Christi, Texas, to provide internal and
peripheral streets and to construct those streets in accordance with the specifications
required by the City of Corpus Chdsti, Texas, for a properly dedicated street.
4. Provision Of Parks, Playgrounds, And Swimming Pools, And Any Other
Publicly Owned Facility, Building Or Service
To the extent that it becomes necessary because of development demands and
population growth, the City Council of the City of Corpus Christi, Texas, will undertake
to provide any such facility which it deems necessary to adequately provide for the
health and safety of the citizens of the newly incorporated area based upon the
standard considerations of comparable service levels provided properties within the City
with similar topography, land use and population density.
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SPECIFIC FINDINGS
The City Council of the City of Corpus Christi, Texas, finds and determines that this
proposed Service Plan will not provide any fewer services, and it will not provide a
lower level of service in the area proposed to be annexed than were in existence in the
proposed area at the time immediately preceding the annexation process.
4
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AN ORDINANCE
ANNEXING THREE TRACTS OF LAND ADJACENT TO THE CITY LIMITS,
LOCATED ON MUSTANG AND NORTH PADRE ISLANDS, EAST OF
2
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 hereinafter described.
NOW THEREFORE, BE IT ORDAINED BY THE CITY' COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION t. The City Council finds that leaving the property owned by Nueces County
outside, but completely surrounded by, the city limits of the City of Corpus Chdsti is in
the public interest.
SECTION 2. That a 298 acre tract of land, more or less, out of WIlliam Bryan Survey,
Abstract 45 and Nicolas and Juan Jose Balli Survey, Abstract 1998, located between
State Highway 361 and the Gulf of Mexico and south of an adjacent to a 280 acre tract,
more or less, now or formerly owned by Nueces County, described in Document No.
888926, Nueces County Deed Records, is annexed to, brought within the corporate
limits, and made an integral part of the City of Corpus Christi. The tract is described by
metes and bounds in Exhibit A and by a map in Exhibit B of this ordinance.
SECTION 3. That a 413 acre tract of land, more or less, out of Nicotas and Juan Jose
Balli, Abstract 1998, located south of State Highway 361, and east of South Padre
Island ddve (Park Road 22), is annexed to, brought within the corporate limits, and
made an integral part of the City of Corpus Christi. The tract is described by metes and
bounds in Exhibit C and by a map in Exhibit D of this ordinance.
SECTION 4. That a 14.5 acre tract of land, more or less, being all of Block 31, Padre
Island No. I and its surrounding streets, located east of South Padre Island Ddve (Park
Road 22) and north of and adjacent to Nueces County Park No. I (Balli Park), is
annexed to, brought within the corporate limits, and made an integral part of the City of
Corpus Christi. The tract is described by metes and bounds in Exhibit E and by a map
in Exhibit F of this ordinance.
SECTION 5o That there is approved, as part of this annexation ordinance, a service
plan. The service plan, in Exhibit I of this ordinance, is incorporated into and made a
part of this ordinance. The service plan provides for the same number of services and
levels of service for the annexed area and to the same extent that such services are in
existence in the area annexed immediately preceding the date of annexation or that are
otherwise available in other parts of the city with land uses and population densities
similar to those contemplated or projected in the area annexed.
SECTION 6. 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 Chdsti, 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 Chdsti are subject.
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3
SECTION 7. 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 8. 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 9. 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 forca and effect for its purpose.
SECTION '10. This ordinance goes into effect at 12:01 a.m, December 28, 1999.
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EXHIBIT A
METES AND BOUNDS
AREA "E", TRACT 1
A 298 acre tract of land, more or less, out of William Bryan Survey, Abstract 45 and
Nicolas and Juan Jose Balli Survey, Abstract 1998, located between State Highway
361 and the Gulf of Mexico and south of an adjacent to a 280 acre tract, more or less,
now or formerly owned by Nueces County, described in Document No. 888926, Nueces
County Deed Records, said 298 acre tract, more or less, more particularly described as
follows:
BEGINNING at the west comer of said 280 acre tract, more or less, a point on the
southeast dght-of-way line of existing State Highway 361, for the north corner of the
tract herein described;
THENCE southeasterly along the southwest line of said 280 acre tract, more or less, to
a point on the present City limit line established by Ordinance No. 15415, dated
Mamh 19, 1980, for a point on the shoreline of the Gulf of Mexico, and the east comer
of this tract;
THENCE southwesterly along said present City limit line, to its intersection with the
easterly extension of the northeast line of a 224.923 acre tract, more or less, now or
formerly owned by Gulfshores Joint Venture, described in Document No. 943742,
Nueces County Deed Records, for the south comer of this tract;
THENCE westerly with said northeast line of the 224.923 acre tract, more or less, to a
point of deflection on said northeast line, for an inside comer of said 224.923 acre tract,
more or less, and an outside corner of this tract;
THENCE northwesterly, continuing along said northeast line of the 224.923 acre tract,
more or less, to a point on the southeast right-of-way line of existing State Highway 361
for the west comer of this tract;
THENCE northeasterly along said southeast right-of-way line of existing State Highway
361, its curves and its angles, to the west comer of said 280 acre tract, more or less, for
the POINT OF BEGINNING.
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OCL
EXHIBIT B
ICL
AREA E - TRACT 1
1999 ANNEXATION PROGRAM ~? ~° ~: ---
~ '~ 4 ~ FEET
CITY OF CORPUS CHRISTI
PLANNING DEPARTMENT
1
EXHIBIT C
METES AND BOUNDS
AREA "E", TRACT 2
A 413 acre tract of land, more or less, out of Nicolas and Juan Jose Balli, Abstract
1998, located south of State Highway 361, and east of South Padre Island drive (Park
Road 22), and more particularly described as follows:
BEGINNING at a point, the intersection of the southeast right-of-way line of existing
State Highway 361 and the northeast line of 224.923 acre tract, more or less, now or
forreedy owned by Gulfshores Joint Venture, described in Document No. 943742,
Nueces County Deed Records, for north comer of said 224.923 acre tract, more or less,
and the north comer of the tract herein described;
THENCE easterly along the northeast line of said 224.923 acre tract, more or less, to a
point of deflection on said northeast line, for an inside corner of said 224.923 acre tract,
more or less, and an inside corner of this tract;
THENCE continuing easterly along said northeast line of the 224.923 acre tract, more
or less, and its easterly extension, to a point on the present City limit line established by
Ordinance No. 15415, dated March 19, 1980, for a point on the shoreline of the Gulf of
Mexico and the northeast comer of this tract;
THENCE southerly along said present City limit line, to its intersection with the easterly
extension of the north line of Lot 1A, Block 45, Padre Island-Corpus Christi, Section A,
for a comer on the present City limit line and an outside comer of this tract;
THENCE northwesterly along the present City limit line, the north line of said Lot 1A,
Block 45, Padre Island-Corpus Christi, Section A, to its intersection with the northerly
extension of the east right-of-way line of existing Windward Drive, for a corner on the
present City limit line and an inside comer of this tract;
THENCE westerly and southerly around Padre Island-Corpus Chdsti, Sections B, C, D,
and E, and along the present City limit line established by Ordinance No. 16752 dated
November 18, 1981 and Ordinance No. 20647 dated Apdl 11, 1989, its curves and its
angles, to a point on the original north right-of-way line of Whitecap Boulevard, for an
outside comer of this tract;
THENCE westerly along said present City limit line, the north R.O.W. line of said
odginal Whitecap Blvd., its curves and its angles, to its intersection with the boundary
line of Padre Island-Corpus Christi, Cane Harbor Bay Subdivision, for a corner on the
present City limit line and an outside corner of this tract;
THENCE northerly, westerly, and southerly, around Padre Island-Corpus Christi, Cane
Harbor Bay Subdivision, and along the present City limit line established by Ordinance
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No. 17790 dated July 17, 1983, to a point on the original north right-of-way line of
Whitecap Boulevard, for a corner in the present City limit line and an outside comer of
this tract;
THENCE westedy along said present City limit line, the north right-of-way line of said
original Whitecap Blvd., to a point on the east right-of-way line of Crowsnest Avenue,
for a corner on the present City limit line and an outside comer of this tract;
THENCE northerly along said east right-of-way line of Crowsnest Avenue, the present
City limit line, to a point on the north right-of-way line of Isabel Drive, for a comer on
said present City limit line and an inside corner of this tract;
THENCE westerly along said north right-of-way line of Isabel Drive, the present City
limit line, to a point on the east right-of-way line of South Padre Island Drive (Park Road
22), for a comer on said present City limit line, and an outside comer of this tract;
THENCE northerly along said present City limit line, the east right-of-way line of South
Padre Island Drive (Park Road 22), to the southwest corner of Lot 3A, Block 26, Padre
Island No. 1, for a corner on said present City limit line and an outside corner of this
tract;
THENCE easterly along the present City limit line, the south line of said Lot 3A,
Block 26, Padre Island No. 1, to its southeast comer, for a corner on said present City
limit line and an inside comer of this tract;
THENCE northerly along the present City limit line, the common east line of Lots 1A,
2A, and 3A, Block 26, Padre Island No. 1, to a point on the south right-of-way line of
Pirata Drive, for a comer on said present City limit line, and an outside corner of this
tract;
THENCE easterly along the present City limit line, the south right-of-way line of Pirata
Ddve, to a point on the east right-of-way line of Sand Dollar Avenue, for a corner on
said present City limit line, and an inside comer of this tract;
THENCE northerly along the present City limit line, the east right-of-way of Sand Dollar
Avenue, to a point on the southeast dght-ofoway line of State Highway 361 for an
outside comer of this tract;
THENCE northeasterly, leaving the present City limit line, along said southeast right-of-
way line of State Highway 361, its curves and its angles, to its intersection with the
northeast line of said 224.923 acre tract, more or less, for the POINT OF BEGINNING.
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EXHIBIT D
_ AREA E - TRACT 2 ~'~ ~
1999 ANNEXATION PROGRAM ? ~ ,ooo
FEET
Q'ff OF CORPUS
FL~IelG OEPARTMBT
EXHIBIT E
METES AND BOUNDS
AREA "E", TRACT 3
A 14.5 acre tract of land, more or less, being all of Block 31, Padre Island No. I and its
surrounding streets, located east of South Padre Island Drive (Park Road 22) and north
of and adjacent to Nueces County Park No. I (Balli Park), and more particularly
described as follows:
BEGINNING at a point, the intersection of the north right-of-way line of Corrientes Drive
and the east right-of-way line of Crowsnest Avenue, for a comer on the present City
limit line established by Ordinance No. 19592, dated December 30, 1986, and the
northwest comer of the tract herein described;
THENCE eastedy along said present City limit line, the north right-of-way line of
Corrientes Drive, its curves and its angles, to its intersection with the east right-of-way
line of Aidarea Drive, to a point;
THENCE southerly continuing along said present City limit line, the east right-of-way
line of Aidarea Drive, its curves and its angles, to a point on the south right-of-way line
of Viento Del Mar Drive, for a corner on the present City limit line, and the southeast
comer of this tract;
THENCE westerly, leaving the present City limit line, along the south right-of-way line of
Viento Del Mar Drive, to a point on the east right-of-way line of Crowsnest Avenue, for a
comer on said present City limit line and the southwest comer of this tract;
THENCE northerly along said present City limit line, the east right-of-way line of
Crowsnest Avenue, to its intersection with the north right-of-way line of Corrientes
Drive, for the POINT OF BEGINNING.
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OC
ICL
CITY LIMIT LINE
OCL
EXHIBIT F
AREA E - TRACT 3 ~ ~
i999 ANNEXATION PROGRAM ~ 'f ~ _~
236 FEFT
1
EXHIBIT G
SERVICE PLAN FOR THREE TRACTS OF LAND ADJACENT TO THE
CITY LIMITS, LOCATED ON MUSTANG AND NORTH PADRE ISLANDS,
EAST OF STATE HIGHWAY 361 AND PARK ROAD 22, IN THE VICINITY
OF PACKERY CHANNEL AND LAKE PADRE SUBDIVISION; DESCRIBED
IN EXHIBITS A, C, AND E OF THIS ORDINANCE
Upon annexation of the throe tracts comprising approximately 725.5 acres of land, the
City of Corpus Chdsti, will provide city services by any of the methods by which it
extends the services to any other area of the city. The following is the service plan for
the six tracts in accordance with state statutes to provide the newly annexed aroas a
uniform level of services.
As these tracts aro developed, the City will assume maintenance responsibility of the
infrastructure and improvements implemented in dedicated public rights-of-way within
the tracts, as installed and accepted by the City in accordance with the Platting
Ordinance. Improvements to be constructed include streets, curbs and gutters, water,
drainage and gas service facilities. Items to be provided in the Service Plan for the
annexed property, are as follows:
FOR SERVICES IMMEDIATELY UPON ANNEXATION
1. Police Protection
The City of Corpus Christi, Texas, and its Police Department will provide police
protection to the newly annexed tracts at the same level of service now being provided
to areas of the City of Corpus Christi.
2. Fire Protection And Emergency Medical Service
The City of Corpus Christi, Texas, and its Fire Department will provide fire protection
and emergency medical service to the newly annexed tracts at the same level of
service now being provided to other areas of the City of Corpus Chdsti, Texas. Further,
the City of Corpus Christi Fire Department and Emergency Medical Service will respond
to all dispatched calls and requests for service or assistance within the newly annexed
area.
3. Solid Waste Collection
The City of Corpus Chdsti provides solid waste services to residential customers.
Commercial customers may contract with the City or commercial collectors. Upon
annexation the City will provide solid waste services to residential customers in the area
annexed.
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4. Maintenance Of Water And Waste Water Facilities
Any and all water or waste water facilities owned or maintained by the City of Corpus
Christi, Texas, at the time of the proposed annexation shall continue to be maintained
by the City of Corpus Chdsti, Texas. Any and all water or waste water facilities which
may be acquired subsequent to the annexation of the proposed area shall be
maintained by the City of Corpus Christi, Texas, to the extent of its ownership. The now
existing water line mains at their existing locations shall be available for point of use
extension based upon the current City's standard water extension policies now existing
or as may be amended. Individual septic systems may be acceptable if State
standards are met and approved by the City/County Health Department.
5. Maintenance Of Roads And Streets
Any and all roads, streets or alleyways which are dedicated to the City of Corpus
Chdsti, Texas, or which are owned by the City of Corpus Chdsti, Texas, shall be
maintained to the same degree and extent that other roads, streets and alleyways are
maintained in the City. Any and all lighting of roads, streets and alleyways which may
be positioned in a right-of-way, roadway or utility company easement shall be
maintained by the applicable utility company servicing the City of Corpus Christi, Texas,
pursuant to the rules, regulations and fees of such utility. Roads and streets under the
responsibility of the County, will be maintained by the City upon dedication by the
County to the City and City's acceptance of the rights-of-way.
6. Maintenance of Parks, Playgrounds and Swimming Pools
Any park that may be under the responsibility of the County will be maintained by the
City only upon dedication of the park by the County to the City and City's acceptance of
said park. In the event any such parks, playgrounds or swimming pools do exist, and
such parks, playgrounds or public swimming pools are accepted as City owned public
facilities by the City of Corpus Christi, Texas, they will be maintained to the same
extent and degree that parks, playgrounds and swimming pools and other similar areas
of the City of Corpus Christi, Texas are maintained.
7. Maintenance Of Any Publicly Owned Facility, Building Or Municipal Service
The City Council of the City of Corpus Christi, Texas, is not aware of the existence of
any publicly owned facility, building, or other municipal service now located in the area
proposed for annexation, other than beach cleaning and life guard services. In the
event any such publicly owned facility, building, or municipal service does exist, is a
public facility dedicated to the City of Corpus Christi, such facilities, buildings, or
municipal services are accepted by the City of Corpus Chdsti and will be maintained to
the same extent and degree that publicly owned facilities, buildings, or municipal
services of the City of Corpus Christi, Texas are maintained. Upon annexation, beach
cleaning and life guard services will be provided by the City either through contract or
with City forces. In addition, the City will provide vector and animal control services
2
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3
upon annexation. The City will add additional personnel and equipment to its vector
and animal control programs during the year to increase the services being provided.
CONSTRUCTION OF ANY CAPITAL IMPROVEMENTS TO BEGIN WITHIN 2 YEARS
1. Police Protection And Fire Protection
The City Council of the City of Corpus Christi, Texas, finds and determines it to be
unnecessary to acquire or construct any capital improvement within 2 1/2 years of the
effective date of the annexation of a particular annexed area for the purposes of
providing fire protection. The City Council finds and determines that it has at the
present time adequate facilities to provide the same type, kind and level of protection
and service which is presently being administered to other areas already incorporated
in the City of Corpus Christi, Texas, with the same or similar topography, land use and
population density.
2o Water And Waste Water Facilities
For the next 2 1/2 years the City Council of the City of Corpus Christi, Texas, finds and
determines that water service or City water mains and wastewater collection lines exist
for points of connection for serviceable extensions to provide service within the area to
be annexed pursuant to the City's standard service extension policies now in existence
or as may be amended by the City Council.
3. Roads And Streets Lighting
Within 2 1/2 years from the date of the annexation of the proposed area, the City of
Corpus Christi, Texas, with a cooperative effort of the City's designated electric utility
franchise company, will undertake to provide the same degree of road and street
lighting as is provided in areas of similar topography, land use and population density
within the present corporate limits of the City of Corpus Christi, Texas. Maintenance of
lighting for properly dedicated roads and streets will be consistent with the maintenance
provided by the City to other roads and streets in areas of similar topography, land use
and sub-development of the annexed property. New development will be required
pursuant to the ordinances of the City of Corpus Christi, Texas, to provide internal and
peripheral streets and to construct those streets in accordance with the specifications
required by the City of Corpus Christi, Texas, for a properly dedicated street.
4. Provision Of Parks, Playgrounds, And Swimming Pools, And Any Other
Publicly Owned Facility, Building Or Service
To the extent that it becomes necessary because of development demands and
population growth, the City Council of the City of Corpus Chdsti, Texas, will undertake
to provide any such facility which it deems necessary to adequately provide for the
health and safety of the citizens of the newly incorporated area based upon the
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standard considerations of comparable service levels provided properties within the City
with similar topography, land use and population density.
SPECIFIC FINDINGS
The City Council of the City of Corpus Christi, Texas, finds and determines that this
proposed Service Plan will not provide any fewer services, and it will not provide a
lower level of service in the area proposed to be annexed than were in existence in the
proposed area at the time immediately preceding the annexation process.
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AN ORDINANCE
ANNEXING SIX TRACTS OF LAND ADJACENT TO THE CITY LIMITS ON
MUSTANG ISLAND, LOCATED BETWEEN MUSTANG ISLAND STATE
PARK AND THE CITY OF PORT ARANSAS; PROVIDING FOR A
SERVICE PLAN FOR THE ANNEXED TRACTS OF LAND; 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; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Corpus Christi desires to annex six tracts of land on Mustang
Island, located between Mustang Island State Park and the City of Port Aransas, into
the City of Corpus Christi;
WHEREAS, on November 9th and 16th, 1999, public hearings were held by the City
Council, during City Council meetings held in the Council Chambers, at City Hall, in the
City of Corpus Christi, following publication of notice of the headngs in a newspaper of
general circulation in the City of Corpus Christi, for the consideration of annexation
proceedings and the service plan for the defined lands and territory, dudng which all
persons interested in the annexations were allowed to appear and be heard;
WHEREAS, a service plan for the area proposed to be annexed was made available for
public inspection and explained at public hearings on November 9th and 16th, 1999;
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;
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 hereinafter described;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
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2
SECTION I. That a 2,282 acre tract of and, more or less, out of William Little Survey
Nos. 593, 594, and 595, James M. Waterberry Survey No. 596, William Little Survey,
Abstract 216, A. B, Davis Survey, Abstract 944 and out of the R. S. Harvey Survey,
Abstract 164, located on Mustang Island, east of and between Corpus Christi Bay and
State Highway 361, and between Mustang Island State Park and the City of Port
Aransas, and including an adjoining lot owned by the City of Corpus Christi between
State Highway 361 and the Gulf of Mexico, which is located between Mustang Island
State Park and the City of Aransas Pass, is annexed to, brought within the corporate
limits, and made an integral part of the City of Corpus Christi. The tract is described by
metes and bounds in Exhibit A and by a map in Exhibit B of this ordinance.
SECTION 2. That a 231 acre tract of land, more or less, out of R. S. Harvey Survey,
Abstract 164, and out of James M. Waterberry Survey, Abstract 408, located on
Mustang Island, between the west right-of-way line of State Highway 361 and the Gulf
of Mexico and north of and adjacent to Mustang Island State Park, is annexed to,
brought within the corporate limits, and made an integral part of the City of Corpus
Christi. The tract is described by metes and bounds in Exhibit C and by a map in
Exhibit D of this ordinance.
SECTION 3. That a 143 acre tract of land, more or less, out of James M. Waterberry
Survey, Abstract 408, located on Mustang Island, between the west right-of-way line of
State Highway 361 and the Gulf of Mexico, approximately 5,540 feet north of Mustang
Island State Park, is annexed to, brought within the corporate limits, and made an
integral part of the City of Corpus Christi. The tract is described by metes and bounds
in Exhibit E and by a map in Exhibit G of this ordinance.
SECTION 4. That a 77 acre tract of land, more or less, out of James M. Waterberry
Survey, Abstract 408, located on Mustang Island, between the west right-of-way line of
State Highway 361 and the Gulf of Mexico, approximately 9,065 feet north of Mustang
Island State Park, is annexed to, brought within the corporate limits, and made an
integral part of the City of Corpus Christi. The tract is described by metes and bounds
in Exhibit F and by a map in Exhibit G of this ordinance.
SECTION 5. That a 207 acre tract of land, more or less, out of William Little Survey,
Abstract 213 and out of William Little Survey, Abstract 213, located on Mustang Island,
between the west right-of-way line of State Highway 361 and the Gulf of Mexico,
approximately 10,820 feet north of Mustang Island State Park, is annexed to, brought
within the corporate limits, and made an integral part of the City of Corpus Christi. The
tract is described by metes and bounds in Exhibit H and by a map in Exhibit I of this
ordinance.
SECTION 6. That a 291 acre tract of land, more or less, out of William Little Survey,
Abstract 2'11 and out of William Little Survey, Abstract 210, located on Mustang Island,
between the west right-of-way line of State Highway 361 and the Gulf of Mexico and
south of and adjacent to the present City limits of the City of Port Aransas, is annexed
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3
to, brought within the corporate limits, and made an integral part of the City of Corpus
Christi. The tract is described by metes and bounds in Exhibit J and by a map in Exhibit
K of this ordinance.
SECTION 7. That there is approved, as part of this annexation ordinance, a service
plan. The service plan, in Exhibit L of this ordinance, is incorporated into and made a
part of this ordinance. The service plan provides for the same number of services and
levels of service for the annexed area and to the same extent that such services are in
existence in the area annexed immediately preceding the date of annexation or that are
otherwise available in other parts of the city with land uses and population densities
similar to those contemplated or projected in the area annexed.
SECTION 8. 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 Chdsti, 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 9. 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 t0. 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 t 1. 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 ~2. This ordinance goes into effect at 12:01 a.m, December 28, 1999.
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EXHIBIT A
METES AND BOUNDS
AREA "F", TRACT 1
A 2,282 acre tract of land, more or less, out of William. Little Survey Nos. 593, 594, and
595, James M. Waterberry Survey No. 596, William Little Survey, Abstract 216, A. B.
Davis Survey, Abstract 944 and out of the R, S. Harvey Survey, Abstract 164, located
on Mustang Island, east of and adjacent to Corpus Chdsti Bay, and between Mustang
Island State Park and the City of Port Aransas, and including an adjoining lot owned by
the City of Corpus Chdsti between State Highway 361 and the Gulf of Mexico, which is
located between Mustang Island State Park and the City of Aransas Pass, and more
particularly described as follows:
BEGINNING at a point, the westammost comer of the A. B. Davis Survey, Abstract 944,
for a comer on the present City limit line, established by Ordinance No. 10007, dated
November 18, 1970, and the west comer of this tract;
THENCE northeasterly along said present City limit line, its curves and its angles, to its
intersection with the present City limit line of the City of Port Aransas, for the north
comer of this tract;
THENCE southeasterly, leaving the present city limit line of the City of Corpus Chfisti,
and along said present City limit line of the City of Port Aransas, the same being the
northwestady extension of the southwest property line of the La Mirage Condominium,
and the northeast line of Mariner's Watch Subdivision, to a point on the west right-of-
way line of existing State Highway 361, for the east comer of this tract;
THENCE southwesterly. leaving the present City limit line of the City of Port Aransas,
along the west right-of-way line of said State Highway 361, to its intersection with the
northwesterly extension of the northeast line of a 3.5 acre tract, more or less, now or
forreedy owned by the City of Corpus Chfisti, described in Document No. 1999012218,
Nueces County Deed Records, for an inside comer of this tract;
THENCE southeastady across State Highway 361 and continuing with the northeast
line of said 3.5 acre tract, more or less, to a point on the present City limit line of the
City of Corpus Christi, established by Ordinance No. 15415 dated March 19, 1980, for a
point on the shoreline of the Gulf of Mexico and an outside corner of this tract;
THENCE southwesterly along said present city limit line on the shoreline of the Gulf of
Mexico, to its intersection with the southeasterly extension of the southwest line of said
3.5 acre tract, more or less, for an outside comer of this tract;
THENCE northwesterly with the southwest line of said 3.5 acre tract, more or less, its
curves and its angles, crossing State Highway 361, to a point on the west fight-of-way
line of said State Highway 361, for an inside comer of this tract;
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THENCE southwesterly along said west right-of-way line' of State Highway 361, to a
point on the present City limit line of the City of Corpus Chdsti established by Ordinance
No. 15415 dated March 19, 1980, for a point on the northeast line of Mustang Island
State Park and the south corner of this tract;
THENCE northwesterly along the present City limit line of the City of Corpus Christi, the
southwest line common to R. S. Harvey Survey, Abstract 164 and A. B. Davis Survey,
Abstract 944, to a point for the westernmost corner of A. B. Davis Survey, Abstract 944
and the POINT OF BEGINNING,
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EXHIBIT B
0
0
1999
AREA F - TRACT 1
ANNEXATION PROGRAM
EXHIBIT C
METES AND BOUNDS
AREA "F", TRACT 2
A 231 acre tract of land, more or less, out of R. S. Harvey Survey, Abstract 164, and
out of James M. Waterberry Survey, Abstract 408, located on Mustang Island, between
State Highway 361 and the Gulf of Mexico and north of and adjacent to Mustang Island
State Park, and more particularly descdbed as follows:
BEGINNING at a point, the intersection of the west right-of-way line of State Highway
361 and the north boundary line of Mustang Island State Park, for a point on the
present City limit line, established by Ordinance No. 15415 dated Mamh 19, 1980, and
the west corner of the tract herein described;
THENCE northeasterly, leaving the present City limit line, along the west right-of-way
line of said State Highway 361, to its intersection with the westerly extension of the
south line of a 9.28 acre tract, more or less, now or formerly owned by Facey
Enterprises, NV, LTD, described in Volume 2177, Page 135, Nueces County Deed
Records, for the north corner of this tract;
THENCE easterly, crossing said State Highway 361, with the boundary line of said 9.28
acre tract, more or less, its curves and its angles, to a point on the southwest line of a
51.68 acre tract, more or less, now or formerly owned by Facey Enterprises, NV, LTD,
described in Volume 2104, Page 251, Nueces County Deed Records, for an outside
comer of this tract;
THENCE southeasterly with the southwest line of said 51.68 acre tract, more or less, to
a point on said present City limit line on the shoreline of the Gulf of Mexico, for the east
corner of this tract;
THENCE southwesterly along the present City limit line on the shoreline of the Gulf of
Mexico, to a point on the north line of Mustang Island State Park, for a corner on the
present City limit line and the south corner of this tract;
THENCE northwesterly along said present City limit line, the north line of Mustang
Island State Park, crossing State Highway 361, to a point on the west right-of-way line
of said State Highway 361, for the POINT OF BEGINNING.
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!,-
AREA F - TRACT
'1999 ANNEXATION PROGRAM
248
EXHIBIT E
METES AND BOUNDS
AREA "F", TRACT 3A
A 143 acre tract of land, more or less, out of James M. Waterbern/Survey, Abstract
408, located on Mustang Island, between State Highway 361 and the Gulf of Mexico,
approximately 5,540 feet north of Mustang Island State Park and more particularly
described as follows:
BEGINNING at a point, the intersection of the west right-of-way line of State Highway
361 and the westedy extension of the south line of a 9.28 acre tract, more or less, now
or forreedy owned by Facey Enterprises, NU, LTD, described in Volume 2177, Page
135, Nueces County Deed Records, for the west comer of this tract;
THENCE northeasterly along the west right-of-way line of said State Highway 361, to its
intersection with the westerly extension of the southwest line of a 3.5 acre tract, more or
less, now or formerly owned by the City of Corpus Christi, described in Document No.
1999012218, Nueces County Deed Records, for the north corner of this tract;
THENCE southeasterly, crossing said State Highway 361, with the southwest line of
said 3.5 acre tract, more or less, and its southeasterly extension, for a point on the
shoreline of the Gulf of Mexico, the present City limit line, established by Ordinance No.
15415 dated March 19, 1980, and the east comer of this tract;
THENCE southwesterly along said present City limit line on the shoreline of the Gulf of
Mexico, to a point on the southwest line of a 51.68 acre tract, more or less, now or
forreedy owned by Facey Enterprises, NU, LTD, described in Volume 2104, Page 251,
Nueces County Deed Records, for the south corner of this tract;
THENCE northwesterly with the southwest line of said 51.68 acre tract, more or less, to
a point on the boundan/line of the said 9.28 acre tract, more or less, for an inside
comer of this tract;
THENCE westerly along the boundary line of said 9.28 acre tract, its curves and its
angles, more or less, and its westerly extension, crossing State Highway 361, to a point
on the west right-of-way line of State Highway 361, for the POINT OF BEGINNING.
R92899F2.doc
249
EXHIBIT F
METES AND BOUNDS
AREA "F", TRACT 3B
A 77 acre tract of land, more or less, out of James M. Waterberry Survey, Abstract 408,
located on Mustang Island, between State HighWay 361 and the Gulf of Mexico,
approximately 9,065 feet north of Mustang Island State Park, and more particularly
described as follows:
BEGINNING at a point, the intersection of the west right-of-way line of State Highway
361 and the northwesterly extension of the northeast line of a 3.5 acre tract, more or
less, now or formerly owned by the City of Corpus Chdsti, described in Document
No. 1999012218, Nueces County Deed Records, for the west comer of this tract;
THENCE northeasterly along the west right-of-way line of said State Highway 361, to its
intersection with the northwesterly extension of the southwest line of a 3.31 acre tract,
more or less, now or formerly owned by Midcon Offshore, Inc., described in Document
No. 876635, Nueces County Deed Records, for the north corner of this tract;
THENCE southeasterly, crossing State Highway 361, with said extension and the
southwest line of said 3.31 acre tract, more or less, to a point on the shoreline of the
Gulf of Mexico, the present City limit line established by Ordinance No. 15415 dated
Mamh 19, 1980, for the east comer of this tract;
THENCE southwesterly along said present City limit line on the shoreline of the Gulf of
Mexico, to a point on the southeasterly extension of the northeast line of said 3.5 acre
tract, more or less, for the south comer of this tract;
THENCE northwesterly with said extension and the northeast line of said 3.5 acre tract,
more or less, across State Highway 361, to a point on the west line of said State
Highway 361, for the POINT OF BEGINNING.
R92899F2,doc
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J
TRACT 3B
7"rAC.
I:
EXHIBIT G
TRACT 3A
143 'AC. i
I
GULF OF
MEXICO
AREA:F, --TRACTS;3A & 3B
1999 ANNEXATION PROGRAM
K
EXHIBIT H
METES AND BOUNDS
AREA "F", TRACT 4
A 207 acre tract of land, more or less, out of William Little Survey, Abstract 210 and out
of William Little Survey, Abstract 213, located on Mustang Island, between State
Highway 361 and the Gulf of Mexico, approximately 10,820 feet north of Mustang
Island State Park and more particularly described as follows:
BEGINNING at a point, the intersection of the west right-of-way line of State Highway
361 and the northwesterly extension of the southwest line of a 3.31 acre tract, more or
less, now or forreedy owned by Midcon Offshore, Inc., described in Document
No. 876635, Nueces County Deed Records, for the west comer of this tract;
THENCE northeasterly along the west right-of-way line of said State Highway 361, to its
intersection with the northwesterly extension of the southwest line of Lot 40C, Block 1,
Mustang Island, Section 2, for the north comer of this tract;
THENCE southeasterly, crossing State Highway 361, with said extension and the
southwest line of said Lot 40C, Block 1, Mustang Island, Section 2, its curves and its
angles, to a point on the shoreline of the Gulf of Mexico and the City limit line
established by Ordinance No. 15415 dated March 19, 1980, for the east corner of this
tract;
THENCE southwesterly along said present City limit line on the shoreline of the Gulf of
Mexico, to a point on the southeasterly extension of the southwest line of said 3.31 acre
tract, more or less, for the south comer of this tract;
THENCE northwesterly with the southwest line of said 3.31 acre tract, more or less,
crossing State Highway 361, to a point on the west right-of-way line of said State
Highway 361, for the POINT OF BEGINNING.
R92899F2.do¢
252
J
EXHIBIT I
GULF OF MEXICO
-1999
AREA F - TRACT 4.
ANNEXATION PROGRAM
EXHIBIT J
METES AND BOUNDS
AREA "F", TRACT 5
A 291 acre tract of land, more or less, out of William Little Survey, Abstract 211 and out
of William Little Survey, Abstract 210, located on Mustang Island, between State
Highway 361 and the Gulf of Mexico and south of and adjacent to the present City limits
of the City of Port Aransas, and more particularly described as follows:
BEGINNING at a point, the intersection of the west dght-of-way line of State Highway
361 and the northwesterly extension of the southwest line of Lot 40C, Block 1, Mustang
Island, Section 2, for the west comer of the tract herein described;
THENCE northeastedy, along the west right-of-way line of said State Highway 361, to a
point on the northwesterly extension of the southwest property line of La Mirage
Condominium, the same being the northeast line of Mariners Watch Subdivision, for a
point on the present City limit line of the City of Port Aransas, and the north comer of
this tract;
THENCE southeasterly, with said present City limit line of the City of Port Aransas, to a
point on the shoreline of the Gulf of Mexico and the present City limit line of the City of
Corpus Christi, established by Ordinance No. 15415 dated March 19, 1980, for the east
comer of this tract;
THENCE southwesterly, along said present City limit line of the City of Corpus Chdsti,
on the shoreline of the Gulf of Mexico, to a point on the southeasterly extension of the
southwest line of said Lot 40C, Block 1, Mustang Island, Section 2, for the south corner
of this tract;
THENCE northwestedy with said extension and the southwest line of Lot 40C, Block 1,
Mustang Island, Section 2, its curves and its angles, crossing State highway 361, to a
point on the west fight-of-way line of said State Highway 361, for the POINT OF
BEGINNING.
R92899F2,DOC
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_1
EXHIBIT K
GULF OF MEXICO
AREA F - TRACT 5
i1999 ANNEXATION PROGRAM
EXHIBIT L
SERVICE PLAN FOR SIX TRACTS OF LAND ADJACENT TO THE CITY
LIMITS ON MUSTANG ISLAND, LOCATED BETWEEN MUSTANG
ISLAND STATE PARK AND THE CITY OF PORT ARANSAS; DESCRIBED
IN EXHIBITS A, C, E, G, I, AND K OF THIS ORDINANCE
Upon annexation of the six tracts comprising approximately 3,231 acres of land, the
City of Corpus Christi, will provide city services by any of the methods by which it
extends the services to any other area of the city. The following is the service plan for
the six tracts in accordance with state statutes to provide the newly annexed areas a
uniform level of services.
As these tracts are developed, the City will assume maintenance responsibility of the
infrastructure and improvements implemented in dedicated public rights-of-way within
the tracts, as installed and accepted by the City in accordance with the Platting
Ordinance. Improvements to be constructed include streets, curbs and gutters, water,
drainage and gas service facilities. Items to be provided in the Service Plan for the
annexed property, are as follows:
FOR SERVICES IMMEDIATELY UPON ANNEXATION
1. Police Protection
The City of Corpus Christi, Texas, and its Police Department will provide police
protection to the newly annexed tracts at the same level of service now being provided
to areas of the City of Corpus Chdsti by creating a new patrol beat that will include this
area.
2. Fire Protection And Emergency Medical Service
The City of Corpus Christi, Texas, and its Fire Department will provide fire protection
and emergency medical service to the newly annexed tracts at the same level of
service now being provided to other areas of the City of Corpus Christi, Texas. Further,
the City of Corpus Chdsti Fire Department and Emergency Medical Service will respond
to all dispatched calls and requests for service or assistance within the newly annexed
area. Upon annexation a new aerial ladder truck will be ordered, two additional
firefighters will be added to Station 15, when the aedal ladder truck is delivered.
3. Solid Waste Collection
The City of Corpus Christi provides solid waste services to residential customers,
Commercial customers may contract with the City or commercial collectors. Upon
annexation the City will provide solid waste services to single family residential
customers. Residential customers will be given the option to maintain their current
contract services. Commercial customers will continue to use contract services,
R92899F2.DOC
256
2
4. Maintenance Of Water And Waste Water Facilities
These tracts are within the service area of Nueces County Water Control and
Improvement District #-4 (NCWCID4). NCWCID4 will continue to provide water and
wastewater facilities in this area upon annexation. Any and all water or waste water
facilities owned or maintained by the City of Corpus Christi, Texas, at the time of the
proposed annexation shall continue to be maintained by the City of Corpus Chdsti,
Texas. Any and all water or waste water facilities which may be acquired subsequent
to the annexation of the proposed area shall be maintained by the City of Corpus
Christi, Texas, to the extent of its ownership. Due to the existing water supply contract
between the City and NCWCID4, any existing City owned water line mains are not
available for point of use extension. Individual septic systems may be acceptable if
State standards are met and approved by the City/County Health Department.
5. Maintenance Of Roads And Streets
Any and all roads, streets or alleyways which are dedicated to the City of Corpus
Chdsti, Texas, or which are owned by the City of Corpus Chdsti, Texas, shall be
maintained to the same degree and extent that other roads, streets and alleyways are
maintained in the City. Any and all lighting of roads, streets and alleyways which may
be positioned in a right-of-way, roadway or utility company easement shall be
maintained by the applicable utility company servicing the City of Corpus Christi, Texas,
pursuant to the rules, regulations and fees of such utility. Roads and streets under the
responsibility of the County, will be maintained by the City upon dedication by the
County to the City and City's acceptance of the rights-of-way.
6. Maintenance of Parks, Playgrounds and Swimming Pools
Any park that may be under the responsibility of the County will be maintained by the
City only upon dedication of the park by the County to the City and City's acceptance of
said park. In the event any such parks, playgrounds or swimming pools do exist, and
such parks, playgrounds or public swimming pools are accepted as City owned public
facilities by the City of Corpus Christi, Texas, they will be maintained to the same
extent and degree that parks, playgrounds and swimming pools and other similar areas
of the City of Corpus Christi, Texas are maintained.
7. Maintenance Of Any Publicly Owned Facility, Building Or Municipal Service
The City Council of the City of Corpus Christi, Texas, is not aware of the existence of
any publicly owned facility, building, or other municipal service now located in the area
proposed for annexation, other than beach cleaning. In the event any such publicly
owned facility, building, or municipal service does exist, is a public facility dedicated to
the City of Corpus Chdsti, such facilities, buildings, or municipal services are accepted
by the City of Corpus Chdsti and will be maintained to the same extent and degree that
publicly owned facilities, buildings or municipal services of the City of Corpus Chdsti,
Texas are maintained. Upon annexation, the City will assume responsibility for beach
R92899F2.DOC
257
3
cleaning, which will be accomplished either under contract or with City forces. In
addition, the City will provide vector and animal control services upon annexation. The
City will add additional personnel and equipment to its vector and animal control
programs dudng the year to increase the services being provided.
CONSTRUCTION OF ANY CAPITAL IMPROVEMENTS TO BEGIN WITHIN 2 YEARS
1. Police Protection And Fire Protection
The City Council of the City of Corpus Chdsti, Texas, finds and determines it to be
unnecessary to acquire or construct any capital improvement within 2 1/2 years of the
effective date of the annexation of a particular annexed area for the purposes of
providing fire protection. The City Council finds and determines that it has at the
present time adequate facilities to provide the same type, kind and level of protection
and service which is presently being administered to other areas already incorporated
in the City of Corpus Christi, Texas, with the same or similar topography, land use and
population density.
2. Water And Waste Water Facilities
For the next 2 1/2 years the City Council of the City of Corpus Christi, Texas, finds and
determines that NCWCID4 water service and water mains and wastewater collection
lines exist for points of connection for serviceable extensions to provide service within
the area to be annexed. Unless the City's water supply contract with NCWCID4 is
amended and an extension of service is authorized by the Texas Natural Resource
Conservation Commission, the City will not extend water of wastewater lines into the
area to be annexed.
3. Roads And Streets Lighting
Within 2 1/2 years from the date of the annexation of the proposed area, the City of
Corpus Chdsti, Texas, with a cooperative effort of the City's designated electric utility
franchise company, will undertake to provide the same degree of road and street
lighting as is provided in areas of similar topography, land use and population density
within the present corporate limits of the City of Corpus Chdsti, Texas. Maintenance of
lighting for properly dedicated reads and streets will be consistent with the maintenance
provided by the City to other roads and streets in areas of similar topography, land use
and sub-development of the annexed property. New development will be required
pursuant to the ordinances of the City of Corpus Chdsti, Texas, to provide internal and
pedpheral streets and to construct those streets in accordance with the specifications
required by the City of Corpus Christi, Texas, for a properly dedicated street.
R92899F2,DOC
258
4
4. Provision Of Parks, Playgrounds, And Swimming Pools, And Any Offier
Publicly Owned Facility, Building Or Service
To the extent that it becomes necessary because of development demands and
population growth, the City Council of the City of Corpus Christi, Texas, will undertake
to provide any such facility which it deems necessary to adequately provide for the
health and safety of the citizens of the newly incorporated area based upon the
standard considerations of comparable service levels provided properties within the City
with similar topography, land use and population density.
SPECIFIC FINDINGS
The City Council of the City of Corpus Chdsti, Texas, finds and determines that this
proposed Service Plan will not provide any fewer services, and it will not provide a
lower level of service in the area proposed to be annexed than were in existence in the
proposed area at the time immediately preceding the annexation process.
R92899F2.DOC
259
In
CITY COUNCIL
AGENDA MEMORANDUM
Date: November 9, 1999
AGENDA ITEM: Motion authorizing the City Manager or his designee to negotiate a
contract with Mr. Robert Pedess for the complete installation of artwork titled Orion's Belt
on the Shoreline Drive median south of the intersection of IH37 and Shoreline Boulevard
in the amount of $200,000.
ISSUE: The Bayfront Art Selection Panel, authorized by the City Council, has made a
recommendation to the Arts and Cultural Commission to enter into a contract with Robert
Perless for the purpose of constructing and installing artwork titled Orion's Belt on the
median south of the intersection of IH 37 and Shoreline Boulevard.
At their October 19~ regular meeting, the City Council reviewed the recommendation from
the Arts and Cultural Commission to negotiate a contract with Robert Perless. The City
Council voted against negotiating a contract with Robert Pedess for Orion's Belt and
asked the Arts and Cultural Commission to provide an exhibit of the six candidates who
were under consideration for the project. Staff presented that exhibit at both City Hall and
the Art Center of Corpus Chdsti as per the Council's direction.
A motion to authorize contract negotiations with Robert Pe~ess is necessary to give the
City- Manager the authority to finalize a contract.
FUNDING: The funding source for the project is the Permanent Art Trust Fund. The
Permanent Art Trust Fund was established with Hotel/Motel tax dollars. A portion of the
funds was appropriated at the time that this project was to be included in the proposed
Gateway project. The remainder will need to be appropriated out of the Permanent Art
Trust at the time a contract is brought to the City Council.
REQUIRED COUNCIL ACTION: A motion authorizing staff to proceed with contract
negotiations with Robert Perless for Bayfront artwork is required.
PRIOR/FUTURE COUNCIL ACTION: Prior Council action includes: 1 .) The authorization
of the Public Art Ordinance in March. 1987 which define the policies and guidelines for the
selection of artwork for the City in 1998; 2.) The authorization of the Art Selection Panel
for the Bayfront artwork; 3.) The authorization for the project to proceed with the selection
of the semi-finalists in April 1998 and; 4) A vote against negotiating a contract with Robert
Perless and direction to staff to exhibit the artwork to the public.
Future Council action will be approval of a contract for the installation of the artwork and
appropriation of the remaining funds from the Permanent Art Trust Fund.
261
RECOMMENDATION: The staff recommends that the City Council approve a motion
authorizing the City Manager or his designee to proceed with negotiating a contract with
Robert Pedess for the complete installation of artwork titled Orion's Belt on the Shoreline
Boulevard median south of the intersection of IH37 and Shoreline Boulevard in the amount
of $200,000.
Marco A. Cisneros, Director
Park & Recreation Department
ADDITIONAL SUPPORT MATERIAL:
Background Information
Exhibit "A' Response to Questions
Exhibit "B" Proposal & Technical Data
262
AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMATION
Robert Pedess' Orion's Belt is recommended to the City Council for approval to enter into
contract negotiations as the Bayfront Public Art Sculpture because of its compatibility with
the site, low maintenance requirements and its raised construction allowing the view to the
sea.
Orion's Belt is based on Corpus Chdsti's heritage of water and wind. Accurately depicting
the navigable points of the constellation Orion, Orion's Belt consists of three interactive
wind sculptures set on the pattem of the three pdmary stars of Orion's belt. The sculpture
includes stainless steel nameplates set into the pavement around the downtown area
forming the secondary stars in Odon's Belt and completing the composition of the
constellation.
The stainless steel windvanes do not spin. They are designed to present the least
resistance to the wind and therefore to always point upwind in all weather. They do not
have wings and therefore do not have the lift of an airplane. The stainless steel, of which
the pylon and vanes are fabricated, is a grade used for marine and aircraft construction.
The stainless steel is maintenance free and will need no surface treatment.
The art selection committee developed a sedes of questions for Mr~ Pedess regarding the
construction and stability of the artwork, its performance during a hurricane, refection of
light off the sculpture, etc. The questions and Pedess' response are included in Exhibit "A"
Like any other city construction project, Orion's Beltwill be required to meet all applicable
city codes. Before finalizing the contract, the artist must deliver plans and calculations
signed and sealed by a professional engineer(s) for City staff review and approval. The
plans and calculations will be reviewed for compliance with windstorm and other concerns.
The requirement for a professional engineer to supply signed and sealed plans is common
to all City public works projects. The building code also requires non-traditional
construction to have plans signed and sealed by a professional engineer. Projects that
have been designed or reviewed by a professional engineer and that meet applicable
codes are considered appropriate for the intended use. Please see Exhibit "B' for Pedess'
proposal and technical data.
For more than a decade, the City's Arts and Cultural Commission has envisioned siting a
monumental sculpture at the entrance to the City where IH 37 joins Shoreline Boulevard
to beautify the City and enhance tourism. In order to achieve this vision, the Arts and
Cultural Commission, with the approval of the City Council, annually set aside funds in the
Permanent Art Trust Fund, gradually accruing enough to commission a notable artwork.
263
The funds originated from Hotel/Motel tax funds. Approximately $215,000 is available to
complete the project. Upon approval by the City Council, Robert Pedess will enter into a
$200,000 contract for the entire artwork, including installation. The remaining $15,000 was
partially used for procurement of site-specific proposals, and the remainder will be used
for future, related educational and public relations expenses.
Each of the six artists gave a free public slide presentation about his work, professional
background and aesthetic ideas at the South Texas Institute for the Arts. The
presentations were offered free to the public and advertised through the media and direct
mail.
The six proposals were on public exhibit from Apdl 17-30, 1999 at the Art Center of Corpus
Christi. The public was invited to offer written comments and questions regarding these
preliminary proposals.
At their regular meeting of October 19"`, the City Council requested that the artwork be put
on display for public review. Artwork was exhibited in the City Hall Training Room on
October 26~ and then moved to the Art Center of Corpus Chdsti, October 27"' through
and then returned to the first floor lobby of City Hall Monday, November 2"~ through
November 7'h. During that time there was extensive media coverage of the artwork.
Orion's Belt is also recommended to the City Council because its contemporary design
adds vadety to the City's art collection. It would be a tribute to the marine hedtage of the
community and a fitting marker of the community's entry into the new millennium.
264
The Art Selection Committee had the following comments regarding attributes of
Mr. PerJess' initial proposal:
1. It engages the seawall on an urban scale in keeping with the seawall.
2. It allows a window to the sea and offers kinetic movement, constantly changing
3. The scale and Irinetic qualities are good.
4. It requires low maintenance.
5. The artist seriously considered maintenance.
6. More public comments referx~.-d to them as windvanes than as airplanes.
7. They might be mistaken as somethl-g mechanically functional and beneficial to the
infrastructure of the community.
The Art Seleetion Committee had the following concerns regarding Mr, Perless'
initial propo$$1:
1.
There is a concern that the upper portion of the sculpture will separate from the base
in a humme. The last hurricane to strike the city brought 170 mph winds.
2. Stability is a concern.
.3. There is no security system to tether it dow~
4. The committee i3 concerned about r~fiection of liglxt off the sculpture.
5. The proposal doe~ not address fighting of the sculptu~. The RFP stated that the wol'k
must be completely installed. It would not be visible at night without ligbtinEl
6. Are any of Mr. Periess' sculptures located on a saltwater waun-front? If yes, where
are they and how long have they been the'e?
265
~: ~anason~,c T~D,4:*~ ~ i't3, : :,**a'% -"*~ 1999 e5:26/:~ Pl
Per ess
June
Ms. Pamela Gooby
Staff LIaison for Art Committee
CIh/of Co~pus Chfisfi
Pari~ and Recreation Department
eO. Box 9277
Corpus Chrlslt. Texos 784699277
Dear Pamela and MemDers of the Committee.
I hove put the time slot you hove reauesled for a telephone conference
(in your letter of June 8] on my calendar on Wednesday, June 23. at 6:30 my time.
5:30 your time. As you know. snce I have a serious hearing disability, I propose
that before the conference calF. you call me from the phones you will be using for
the con-caB to make sure that I can I~eor you from this equ~ornent.
Please fax me a time when we con Implement 1his lest.
Before I answe the questions you askc~,J would like tO gtve you a shod
material summary for my sculpture, Orion's Belt.
1. The sculpfure will be consfrucfed of slainless steel 304ELC.
The vane sections will be constructed of material 3/16" th/ck. Each vane
will be 50' long and opproxtmatef 27' high. The total weight of each vane
fins is about 2.600 Ibs,
The pylons will also be constructca at 3/~6" slainless steel. Each pylon witl
De ;20' tall, 1' D" wicle at the top and 3' at fne Ic>ollorn. The gross weight of each
pylon. including bearings and shaft. Is approximately 2.000 Ibs. Each pylon will be
10otted to a res~forcoct concrete suDgraae foundation.
2. Two support and bearing systems are possible.
System tl (see drawings) uses high densi~/poNurelhane bearings
designed for extreme conditions, wifh a fhrust and radial load of over }2J~0fbs.
These beatings ore seif4ubricatlng and never need any maintenance or
in system f2. fie beerings are seated. The radial bearing is a 4"
cartridge hoe. This alh3ws for slight angular misalignment and thereby has a long
life. The fhiust Doalt~ is a roller bearing type. The i.d. is 3 3/4" and wil corn/a
thrust load of over 12J:]00 Ibs. These bearings n. ccd periodic greasing. I will install
a~lfingatgrouc~llevel. . _ _~r~,,-..tt,~ '
37 Langhorne Lane Greenwich, CT 06831 (203) 869-0710 Fax (203) 869-0718
266 ~
~: ~anason~c TAD/F~tX ~ ~3. : Iun. 2,2 1999
,'bber' 9eress
3. The bolts I use are N tensile strength and I will detecTnine the number and
size of the fastenms after talldng to the town eng eer. I will over rote the Ix}Its Dy
100%.
4. All Ihe welding Is a hellarc process that will Insure there Is no carbon
precipitation In the weld area. This edrnInateS the possibility of any rust staining.
The surface of the sculpture and pylon is self cleaning; when it rains.the sudoce
will clean ffsef.
I will now answer your questions In the order they were presented, I have
also Included drawings which should help you understand the engineemg at the
sculpture.
1. As to concel:D~ about the uDoer oodlon seDaratina from the base dudna ~i
humcane:
The enc~needng specs on this sculpture have been ove~uffi In order to not
hove problems dudrig stress.
The upper podion or moving section of the sculpture tS seated an o 4" solid
shott of slainless sleel. Inside the vane.the shaft is contained In o stdnless steel
tube which has external wall thicknesses of 3/8" and a 4" Inside diameter. The
tube is welded into the main structure of the vane. The shaft Is Insertecl aOout 28"
into this tube and then Is bolted at 1he top through the skin of the sculpture and
the wall of the tube. This ~ a totally ~ connection.
1he shaft exlends 4' down into 1he pylon. lhe lop beadng in which it sits is
a radial bearing which absorbs all the side-to-side force exerted on the vane. It is
locked Into a lower radial thrust bearing which suppods the weight of the vane
and secures il lo the structure of the pylon.. 1he shaft is milled to form a shoulder
sitting on top of the lower bearing. This insures that t am not relying on a set screw
or other fastening to hold the shaft' in place. Allhough the sot screws and bolts
ore tnstollud, Ihe main security Is the weight of the vane holding 1he shcift in the
thsust
2.
The sculpture has been designed tO have ~he area of least resIstance
constotally pointing into the wind,like a SailbOot at anct'~r. Because fi will tot be
subject 1o classwinds.stability of the vane is assured. I have spent many years
sailing from Nova Scotia Ihraugh 1he Caribbean. and I believe thai lhe principies
of naval architecture that linccxporate in my work assure tls stability by
interacting in a predictable way with the environment.
The stabally of the pylon itself is assured by securing it to a large reinforced
concrete foundation below grade, under the grass, engineered to hold
" sculpture in position. This operates In the same way as the taundcstion for a tall
37 Langhorne Lane Greenwich, CT 06831 (203) 869-[]710 Fax (203) 869-0718
267
ober- Dcress-
building, or a lighting pole. The ulllmGle stability is designed tn during this phase
of the project. I hove hQcl many successful Installations of work designed this way
to withstand difficult local conditions.
All specifications for the foundation and structure will be designact to
exceed a reasonable wind load stlpulatect by the building codes of Corpus
Chfisti. The foundation drawing will be submtlled to the lawn Engineer and we
will renew it with the goal of enhancing its performance in your local condffions,
Theft is not an issue. as it would take a craGS and a knowledgeable crew in
plain sight of 1he townspeople to try to remove the sculptures from their site.
Once removed they would be virtualh/unsaleoble and of no use to 1he thief.
4. As to concerns about 1he reflect ion of Ilaht off the sculpture:
The surface of the sculpture, which has a pafferned. glowing finish, is
designed to disDerse light across the surface of the vane aGd reflect It,rather
than to project It Out to the viewer. It is not mlrror-DCished.as monv of mv~her
wo~s are. for this ~ The conceDt of reflected light is that it would stay on
the surface of }he sculpture instead of projeCling It out over the surrounding area.
If would gulf ,er fight on the surface and seem to glow ancl dance but wouid not
act like o beacon or lighthouse. This light-gathering Quality would also enable tt
to operate successfully al night.
5. AsLQ. the [oct lb..crr the ~ does nat gCJglLe, sslLgbj!0gatnlahl:
I canslderecl the question of lighting when I envisioned the surface texture
of the pylons aGd the windvanes. The surface of the vanes will be a patlern that
Is Ilght-galhering and would use the ambient lighting from the street lamps and
hotels as o source of Illumination. It Is possible to consider the opllon of ~ghting
the vane~ from the ground level,but If Drabably would not be a necessary step
to make/he sculpture highly visible, and dramatic. '
The vanes themselves are 50' long and therefore you would be lighting a
50' diameter circle with the object to be lit at 25' high. The lights to illuminate this
dlamefer would be unnecessarily brlgt~t when viewed from the hotels.
I~eclshift has been in the cent er Of the town of Pod Cherter. New Yo~,
Iocaled one block from Long Istand Sound.since 1985. If is .50' long and stands
34' high. Humcanes have hit the area around 1he sculpture. in addilion 4o endless
violent line squalls, W'nl er Nor'Easters. and thunaersl arm s.
268
~t~(Z)'l: Par~Somnxc TAD/FAX PHOt~IE NO. : ,Tun. ~ l!)oj~ e~:?.~J~i Pll
Rober- Der ess
$largon, insiailecl at Bard College in Annandale-on-I ~udson In 1986, Ls on
the banks of the Hudson River. in upstate New York. The winds that are generated
bY storms an the river con be extremely violent. and this sculpture has enclurecl
many offhem during its lifetime at Bard. This sculpfure.wf,jch is conslructed of
stainless steel, Is much, much larger than the sculptures i am proposing for Co~Js
ChristLand stoncis ,50' high with wings that are over 85' long. The interactive Dart
of this sculpture weighs over 10 tons. This is over ten times heavier titan the vane
element that I am proposing for Corpus Christ i. 11~ ~ J~Z3iDG fo~ th~ SCUtD~e
IS alSO almo~ ~ times hiaher than that of yOur sculpture.
I. eokls a stainless steel sculpture which is in a prlvcrl e collection in
Sagoponac~. New York. This is a beachfront community on the Atlantic shore Just'
to the west of EOstt'~ompton.on the SOuth Fork of Long island. It has been instoiled
JUst behha the dunes on 1ha popon ctdo oftha if. land. It I~ exposed nol only to
salt water and wind. but it is constantly peppered by blaring sand. The sculpture
has been installed for over twenty years without any need for repair or
unexpected maintenance.
Some additional thorhis .ql;Z)U.t ihe eventualitv _OJf an e~reme b_MEjCane'-
The qUellIon of an extreme hurricane has been raised once when I was
down in Corpus Chrisfi, end again in the letter from Pamela Gapby. I do not lhlnk
If Is possible for arTyone to give any predictions of the behavior of of a survival-
level storm. The wind and sea canaltitans are beyond the realm of concepl. As I
stated betore. J am an experienced sailor who has unctergone a number of
severe storms out at sea. None have been near the level of 170 MPH. ond rm
sure I wouldn't be wrillng this if l hod 1hot experience.
37 Longborne Lane Greenwich. CT 06831
I've given a lot of thought to your concerns, and I hove COme up with ~
~ [iggg3~ ~ for humcone c~nffol that could be installed between the
top of the pylon and the rrltlngs on the outer edges of the concrete. This would
stabilize the top of the pylon In extreme weath~. I could design the system to be
mode of st~nle~ steel boat rigarig, and it could easily pin In place before the
arrival of a rnajo~ siorm. We should really discuss this portion of the project in
person wiih the town Engineer to determine its necessih/and desirability.
I'd also like to comment an the Selection Committee's comments f 6 and
7,
6. As to t.~_foct tJ~Deoole reco~nlzed them os]a~i!~vanes, lam not
surprised,
That Is how most people have viewed my works across the countn/,
pafficutorly in shOrefront Iocalions.
7. AS to ~he fact thai lhey rnlaht be ~ fo[ somcthlr~i mechanicaliv
functionaLg_0d beneficial to the infrasffuclure. lt~ey actually are.
(203] 869-0710 Fax (203) 869-0718
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!M: Panasontc TAD/FAX ~ NO. :
j'~u~. ~ 1999 ~:2c:jpil P4
VVhile I wouldn't suggest that the airDoff retire Its windsocks,or the sailors in
the co{~muntty disinstall their apparent wind inclicotors.that is exaclly how the
sculptures Derform.
Pamela. I am looking forwarci to our Conference Coil. Please let me know
when we con pre-test your equipment to make sure that rny heo{Ing cllsobily will
not be a barrier to my successful communication with you oncl your committee.
Drawings lo support various polnl$ are atlached.
Very truly yours.
RP/ek
Encl.
270
N
V
Oris )'s Beit
Elevation
The top ofthe pylon *,ics a sufficient mass to
Insure that the energy tram the vone portion
Of the sculpture will be transmuted directly to
the foundation. The connection from the
Pylon to the vane is shown ir. c detvil
drawing,
Pylon
-- — v�v�114 Plane
The concrete foundotio; ; will be subgrode with the
Dimensions require dimensionsCoypu Chriisti A stainless steel cage be cost into the
n9 statutes of the City of
concrete with high tensile bobs used to tis the pylon to the
foundation. alt mechanical fixtures like bolts and hardware will
Dimensions required ut tantially overbuilt beyond what Is required by the
Orion's Belt
Detail of shaft and supports
Support and bearing system #1
Zero maintenance system
Front VIew
Bolts through armOture onO
skin linto shal'!
StOlnless sleel tube welded
rnoln armoture iin vone
Rain and dirt collar
lhrust bearing comtructect of ofiomatl~g
Olotes Qf stainless steel and high density
polyurethane pla~e.
Welded connections from tube to
byron
Shorting 4" stainless
steel bar
tN_ulgbhedensltypoWureffiane Deartrig
steel rude
pylon
~ube to
272
Orion's Belt
Detail of shaft and supports
Support and bearing system ~2
Front view
alTnallJte 0nl:l
SIcsir, ires sloel ~ ,,volc~e~l Io rrsc:}~
l~,acttal beating
Structural supOod for bcsc~ngs
Shafting 4' slolnlen lieel
I:xlf
Shall macnlf'e:l to s~l on Deoftng
RO6of th~Jsl bearing
Slructura~ support fo{ Ioeo~ngs
273
~: Panason$c TAD/F~AX ~ ~Q. : ,l'un. ~ !) ~:31PP1 P7
Orion"s Belt
Detail of shaft and supports
Support bearing system
Side VIew
oul~ s~ln
· SIf~clLwl:i mo~i~t |ol boadnGs
bo~l~lg
Slsuct,.Jal nnoun| Io~ t,xqoftng$
274
Rober- Deress
ORION'S BELT
A PROPOSAL FOR
THE CITY OF CORPUS CHRISTI
The idea behind my proposal of the sculpture Ofion's Belt is to place the
elements of a serlalized sculpture on the ground points of the navigable stars in
the constellation Orion.
Throughout the history of man, the stars have been utilized as guideposts
for navigation. Each constellation has a recognizable pattern. Orion,the Hunter,
is one of the most familiar, one of the constellations we are taught from our
childhood. It is one of the first constellations we learn, along with Ursa Major and
Minor, the Big and Little Dipper, and the fact that the handle of the Big Dipper
points to the North Star. This is almost unconscious knowledge, nearly a tribal
memory, especially to sailors and travailors. The night sky is a mirror image of a
road map of the earth.
The primary visual elements of the serialized sculpture will be three 50' long
wind vanes placed on the pattern of the primary stars in Orion's Belt. These will
be oriented parallel to the shorefront on Shoreline Drive. The secondary elements
of the sculpture will be stainless steel nameplates set into the pavement forming
the secondary stars in Orion's Belt, completing the composition of the
constellation.
The iconography of the three interactive, luminous wind sculptures set
against the color of sky and sea will be a lasting impression to the traveller
entering Corpus Christi from the highway. They speak about the vffality of the
wind that surrounds us, as they constantly hunt upwind I~e a fleet of boats at
anchor. The visual link of the sculpture to the marine heritage of the community is
indelible and will create a lasting impression to the visitor, while it draws one to
find the constellation Orion in the evening sky.
Each of the three stainless steel wind vanes will be designed to present the
area of least resistance to the wind and therefore will atwc~'s point upwind in all
weather. They will be sensitive enough to orient upwind in a fTaction of a knot
and will be stable in extreme winds of 100 mph. The stainless steel of which the
pylon and vane are fabricated is a grade used for marine and aircraft
construction. The sculpture will be welded with a heliarc process that eliminates
the potential for corrosion along the weld lines. The stainless steel is maintenance
free and will need no surface treatment.
37 Langhorne Lane Greenwich, CT 0683 127¢03) 869-0710 Fax (203) 869-0718
0s5
The support pylons will be equipped with large radial and thrust bearings
that are designed fo hold at least four times the weight they will actually carry, I
have designed a central lubrication system that will insure that they will be easily
and well lubricated, and that the process of lubrication will keep out any
potential dust and dirt from entering the system. The only maintenance they
require is a periodic injection of grease, which is applied at ground level.
I will cast the foundation in place. It will be constructed'of reinforced
concrete with stainless steel bolts to hold the pylon upright. The top of the
foundation will be held one foot below finished grade so that grass can cover the
supports and meet the vedical faces of the pylon. I estimate that a 12' square
foundation. 2' in depth, will be sufficient to stabilize the sculpture in hum cane
farce winds.
The imagery of this proposal is generated by the personality of the site: a
shorefront community with an intimate and direct link to nature and to the life of
the sea.
37 Langhorne Lane Greenwich, CT 0683 127503) 869-0710 Fax (203) 869-0718
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278
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279
Orion's Belt
Round stainless steel plates, each engraved with the name
of a major star in the Orion Constellation, will be placed on
their relativeground points.
This will conceptually integrate 'the entire waterfront, and part
of the City into the sculpture.
280
.ober
Per ess
ORION'S BELT
Budget for Construction
Materials for the con~if~ction of the vanes and pylons:
All stainless stcc~ 304 etc grade
1. Stainless steel. 7go 112650 Ibs
2. Tubing 3" od. 1:20 wall #45 20' lengths
3. Tubing 3 1/2" od .250 wall #8 20' lengths
4, Shafting 3' od :20' reauired
Total stainless
S41,000
Ball bearings:
All bearings are precision tapered roller bearings or precision ball bearings.
I. f3Thrust bearings 2 3/4 bore
2. #3 radial bearings 2 15/16 bore
3. Precision mounts fitted with remote lubrication.
Total bearings. fasteners and mounts
S5,000
Machine shop subcontract:
Machine shafts and fin retainers
S8,000
Labor required to construct vanes and pylons:
Labor required to construct the three vanes and pylons
is 65 forty-hour work wccks. This amounts to 8 months of
studio time. The hourly rate is S50 per hour.
Total labor cost of construction,
Transportation of the sculpture to Corpus Christi, Texas:
North American Van Lines flatbed covered truck
Total
S130,000
S7,000
i7 Langhorne Lane Greenwicn,CT 06831 (203) 869-0710 Fax (203) 869-0718
ober' Deress-
Indallc:ffion:
1. Crane: Two days hydraulic crane. Probably atl terrain.
Cost S 1,000
2. Foundation. Cast in place reinforced concrete with the stainless steel hafts
cast in place. The top of the foundation will be kept one foot below finished
grade so that grass will be able to grow up to the vertical pylon. I estimate that a
12' square foundation that is two fcct deep, will be sufficient to stabilize the
sculpture in hurricane force winds.
Cost S2.300
3, Hotel, airfare and expenses for myself and my assistants. Two trips.
Cost S4,,C~0
Documentation, still photographs and videotape.
Cost S 1,200
The payment of this project is to be broken down into progress payments at a
number of checkpoints during the project. Each checkpoint will be
documented by either on-site inspection, photographs, and/or videotape.
The payments I envision broken down as follows:
1 st payment, on signing contract for project: 3[:]%, S60,000
2nd payment, construction 1/2 completed: 3C}%, S6[),000
3rd Payment, construction completed in studio: 30%, $60,000
4th payment, completion of project installed in Corpus Christi and documented.
$20,000
Total cost of project $200.000
All artist and design fees are included in the labor rate for the construction of the
project. The project will be constructed in my own studio with myself and my
studio assistants creating the sculpture.
]7 Langhorne Lane Greenwich, CT 06831 (203) 869-0710 Fax (203) 869-0718
282
CSS
BRIEF CHRONOLOGY
1938 Robert Pertess is born in Brooklyn ,and grows up across the street from
Sheepshead Bay. He spends much of his childhood on the water,
fishing and sailing.
1951-54 Attends Cheshire Academy.
1954-58 Attends University of Miami in Florida. Studies Art and Engineering.
1958 Moves ta iowa. Works on farm. Teaches himse.ff to weld.
1960 Returns to New York. Settles in Greenwich Village. Buys vintage 1892
Herresnoff New York 20 sloop, which is later wrecked in a shipyard
accident.
1963 Sets up first New York studio.
1965 Marries Ellen Kaplan. Begins motorized kinetic work.
Buys racing catamaran.
1966 Sells catamaran. Buys Hinckley Pilot 35 sloop. Names it the Scarab.
1965 Rrst one-man show, at Bodley Gallery
1970 Work acquired by Whitney Museum. Shows in group show.
Trades in boat for a Hinckley Bermuda 40 yavvk
1971 Moves to Bernard Danenberg Gallery. One man- show in 1972.
1972-73 Sails Scarab from the Canadian Marltimes through the Caribbean.
1973 Returns and begins wind-driven work.
1976 One man show at Bonino. Begins to create mostly site-specific work.
1976 on Numerous public and corporate commissions.
1977 Buys property in Greenwich, Connecticut.
1978-82 Builds steel and aluminum house and studio complex. Moves in 1982.
1990 Begins to work with prisms.
1991-96 Shows work at Andr~ Emmerich's Top Gallant Farm.
Longhome Lane Greenwich, CT 06831 869-0710 Fax (203) 869-0718
ober- Dercss'
SELEC1~ED EXHIBITIONS
1~1ot~6
1994
19~1,1992
1989
1988
1987
1980
1978
1976
1975
1972
1970
1970
1970
1969
1968
Alddch Museum of Contemporary Art. Ridgefield, CT
Andre Emmerich's Top Gallant Farm Sculpture Garden
Quaker Hill, NY
'30 Years - Art in the Present Tense ·
Aldrich Museum of Contemporary Art, Ridgefield, CT
Paris-New York-Kent Gallery, Kent. CT
'Connecticut Biennial" Bruce Museum, Greenwich, CT
Stamford Museum of Art, Stamford. CT
Aldrich Museum of Contemporary Art, Ridgefield. CT
Taft Museum, Cincinnati, Ohio
Aldrich Museum at ConTemporary Art, Ridgefield. CT
Bonino Gallery, New York. NY
Forum Gallery, New York, NY
Bernard Danenberg Gallery, New York. NY
'Light, Motion, & Sound"
Hudson River Museum .Yonkers. NY
"Eclectra' 70" Pepsico. New York, NY
Whitney Museum, New York. NY
Galerio Simonne Stern, New Orleans. LA
Bodfey Gallery, New York. NY
MUSEUM COLLECTIONS
Aldrich Museum of Contemporary Art, Ridgefield. Connecticut
Chrysler Museum. Norfolk, Virginia
Oklahoma Art Center. Oklahoma City, Oklahoma
Phoenix Art Museum, Phoenix,Arizona
Stamford Museum. Stamford. Connecticut
Whitney Museum of American Art, New York. New York
PUBLIC COMMISSIONS
Bard College,Annandale-on-Hudson, New York
Bucknell University, WeB Center for the Performing Arts. Lewisburgh, Pennsylvania
City of Palm Desert, Civic Center, Palm Desert, California
City of Stamford, K.T. Murphy Media Center. Stamford, Connecticut
City of Syracuse. Syracuse Hancock International Airport, Syracuse. New York
Rusk Institute of Rehabilitation Medicine, N.Y. U. Medical Center
Town of Port Chester. Public Park, Port Chester, New York
University of Connecticut, Castleman Engineering Building, Storrs, Connecticut
University of Northern iowa, Cedar Folk, lewd
z Langhorne Lane Greenwich, CT 06831 (Li}03) 869-0710 Fax (203) 869-0718
ober- eress
CORPORATE COMMISSIONS
Avon Corporation. New York, New York
Boone County National Bank, Columbia, Missouri
Bristol-Myers Squibb, New Brunswick,New Jersey
Pierre Cardin, Pads, France
Coates Building, 555 Madison Avenue, New York
Daft Industries, Los Angeles, California
Oeloitte & Touche, Wilton, Connecticut
Eastern Airlines. Boston, Massachuseffs
First Federal Savings & Loan, Fort Meyers, Florida
Fuji Film Building. Elmsford. New York
Guggenheim International
Lake Forest Mall, Gaffhersburg, Maryland
Mobil Oil, Faiffax, Virginia
National Chemsearch, Irving,Texas
One Exchange Plaza, New York City
Offawa Silica Company, Public Park. Offawa, Illinois
Space Center Tysons. Tysons Corners,Virginia
Stamford Town Center, Stamford. Connecticut
Xerox International C enter, Washington, D.C.
SELECTED FEATURE ARTICLES AND REVIEWS
"From Greenwich With Ughr The Fairfield County Times August 1997
"Artist's Energy Reflected in Work" Greenwich Time 4/29/97
%amewhere Over the Rainbow" Hartford Courant 8/16/95
'Art in Public, High Places" Palm Desert Sun August 1991
' Connecticut Biennial' Art New England October 1989
· Structural Drama for a New Canaan IPoolhouse' Archffectural Digest August 1989
'Art of the State' Stamford Advocate and Greenwich Time 7/2/89
'Shaping the Art of Motion" Stamford Advocate and Greenwich Time 6/23/89
'22 Artists Participate in Bruce's Biennial' The New York Times 8/6/89
· Had~inger of Village Renaissance: Pedess' Kinetic Sculpture"Greenwich Time 6/15/87
· Art of the State: Big Names,Talent in Alddch Show" The Bridgeport Post 3/1/87
' Metalwork ' by Suzanne Siesin in The International Book of Lofts 1986
· The Search for Reductiveness" by Martin Sosholt in Silent Investor, Silent Loser 1986
'Sculptor Moves the Masses' Stamford Advocate and Greenwich Time 11/16/86
· Living in Sculpture' Connecticut Magazjne February 1986
"Perless" Global Architecture GA Houses 17 1985
'Modern Sanctum" Intedor Design October 1985
· Cast in Metal' The New York Times Magazine 4/15/85
'Amours d'Aluminum' Decoration Internationale Octobre 1983
37 Langhorne Lane Greenwich, CT 06831 z~_03) 869-0710 Fax (203) 869-0718
ILI'
CITY COUNCIL
AGENDA MEMORANDUM
Date: December 10, 1999
AGENDA ITEM: Resolution authorizing the City Manager, on behalf of the City of Corpus Christi,
to execute acceptance of the Deed and Assignment from the Nueces River Authority conveying the
Lake Texana Pipeline Project.
ISSUE: As Council was advised by memo of December 3, the Lake Texana Pipeline Project has
been declared substantially complete by the Project Manager (the Port of Corpus Christi Authority)
and the Project Engineer (HDR Engineering). (Copy of letters attached.) The Water Department
staff concurs in the declarations. The Nueces River Authority approved these declarations and
authorized the conveyance at its meeting today, December I 0. (NRA Resolution attached.) Pursuant
to the Transmission Facilities Contract between the City and the Authority, all of the Authority's
right, title, and interest of ever7 nature whatsoever in and to the Project automatically shall vest
irrevocably in the city, and shall become part of the City System. The Authority is also required to
execute conveyance documents, a copy of which is attached, for the City's acceptance.
The substantial completion determination was based on full testing of the pipeline. During October
and November, the pipeline has delivered essentially the 3050 acre feet monthly allocation (2911.58
in October; 2973.29 in November), and expected to meet the schedule for December (824.27 AF
has been delivered in the first 9 days).
With respect to any repair items which may arise in the future, the City is assigned the Authority's
rights under all contracts and warranties, including the construction and professional services
contracts. Some punch list items are still in the process of completion; for example, title work is
being reviewed to identify any additional curative steps that should be taken, and cathodic protection
will be contracted after the conveyance from available bond funds.
Frank Brogan, Director of Engineering, with the Port of Corpus Christi is scheduled to make a
presentation on this agenda item.
RECOMMENDATION: Staff recommends approval of the resolution.
~Gai'cia, CityXM"~'a~
9JRB0500.097
287
RESOLUTION
AUTHORIZING THE CITY MANAGER OF THE CITY OF CORPUS
CHRISTI TO EXECUTE THE CITY'S ACCEPTANCE AND
AGREEMENT OF THE DEED AND ASSIGNMENT OF THE LAKE
TEXANA PIPELINE PROJECT FROM THE NUECES RIVER
AUTHORITY
WHEREAS, the City of Corpus Christi ("the City") and the Nueces River Authority ("the
Authority") entered into the Water Transmission Facilities Contxact for the acquistion and
construction of the Lake Texana Pipeline; and
WHEREAS, pursuant to Section 2.09 of the Contract the Authority has delivered to the city
the certificate of the Project Manager and the Project Engineer that the Project has been substantially
completed and is ready to be placed in service; and
WHEREAS, the Authority has conveyed the Project to the City by its Deed and
Assignment.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF CORPUS CHRISTI, TEXAS, THAT:
SECTION 1. The City Manager of the City is hereby authorized to execute the City's
acceptance and agreement of the Deed and Assignment from the Authority, a substantial copy of
which is artached hereto as Exhibit A and incorporated herein for all purposes.
ATTEST:
Armando Chapa
City Secretary
APPROVED THIS THE Ib DAY OF
James R. Bray, Jr., City Attorney
Samuel L. Neat, Jr.
Mayor, The City of Corpus Christi
P-6,6, ,1999:
9JRB0500.099
288
20
CITY COUNCIL
AGENDA MEMORANDUM
December 9, 1999
AGENDA ITEM:
Ordinance expanding and renewing the boundaries of the Corpus Christi
Enterprise Zone and authorizing the filing of an Enterprise Zone application
with the Texas Department of Economic Development; further nominating
the expanded Enterprise Zone as a Reinvestment Zone.
Resolution nominating and designating Gulf Coast Entertainment, L.L.C.
as a qualified business and enterprise project pursuant to the Texas
Enterprise Zone Act, Chapter 2303, Texas Government Code.
ISSUE: Gulf Coast Entertainment, L.L.C. has requested that the City of Corpus
Christi consider placing their proposed water park within the State approved
Corpus Christi Enterprise Zone. In order to accomplish their request, the
Enterprise Zone would have to be amended to enlarge the Zone to include their
facility (see attached map). This enlargement would include 173.5 acres. Their
project would have to be nominated by the City as a qualified business and an
Enterprise Zone project which would then be forwarded to the Texas Department
of Economic Development for their review and consideration. Only the City
Council can authorize an application for expansion of the Enterprise Zone and
nominate a project as an Enterprise Zone project.
PREVIOUS COUNCIL ACTION: The City Council originally established the
Enterprise Zone in November 1989 and has modified the boundaries on a
number of occasions to include various businesses. In addition, a new
Enterprise Zone application was filed and renewed in 1997.
CURRENT ISSUE: Gulf Coast Entertainment, L.L.C. has requested to be part of
the Enterprise Zone. This will result in expansion of the Enterprise Zone by
173.5 acres and is shown on the attached map. In order for the request to be
accommodated, the City Council would need to not only authorize the expansion
of the Enterprise Zone and an application to the State for the expansion, but also
nominate Gulf Coast Entertainment, L. L. C. as an Enterprise Zone project, The
project, as described, would generate 122 full-time equivalent employees and as
such would be a major employer. We believe, however, that the nature of the
289
water park would complement the tourist and recreational efforts in the City and
the region and would significantly increase the sales tax generated. We believe
it will be a significant draw from not only the surrounding area, but across Texas.
CONCLUSION AND RECOMMENDATION: Staff believes that the water park
will be a major asset for the City through the generation of over 100 full-time
equivalent jobs and should aid significantly to the sale tax base. Staff is
recommending approval by the City Council.
W. Thomas Utter
Assistant City Manager
290
BACKGROUND INFORMATION
The Texas Department of Economic Development operates an Enterprise Zone
Program under State law. Under the program, any city or county can nominate an area,
which meets a number of statutorial requirements for designation as a Texas State
Enterprise Zone. These requirements are pervasive poverty, high unemployment,
substandard or vacant buildings, and other similar criteria. Such an area nominated by
a city and approved by the Texas Department of Economic Development becomes a
Texas Enterprise Zone, which then can offer significant state benefits for businesses
and industries locating new facilities within the Zone.
Any significant industry proposing to locate in a designated zone and willing to hire
twenty-five percent of its new or expanded work force from either enterprise zone area
residents or other economically disadvantaged persons from the community can apply
for designation as an enterprise zone project. In return, state law offers a rebate of
state sales tax on the cost of construction or equipment for the new facility up to $2,000
per new employee. In addition, all or a portion of the state franchise tax can be
recouped by the designated business. Across the State of Texas, there are over 175
active enterprise zones in existence.
The Corpus Christi City Council nominated the Corpus Christi. Enterprise Zone in
October 1989 by Resolution #20806. The area nominated ran roughly from the bayfront
westward to McBride Lane with the north boundary being the city limits and the south
boundary roughly the Agnes-Laredo corridor. This area was approved by the State on
November 22, 1989.
During the same time period, the City nominated the Greyhound Racetrack as an
enterprise zone project, which was approved by the Texas Department Economic
development. Subsequently, in October 1991, the City Council nominated the
expansion of the original enterprise zone by Ordinance #21265 to include the Koch
Refining and the Valero plants north of 1-37 and nominated these two projects as
enterprise zone projects. Both of these nominations were approved by the State on
December 23, 1991.
In August 1994, the City Council nominated the expansion of the Enterprise Zone to
include the area of Coastal Refining & Marketing, Citgo Refining & Chemicals, Inc. and
100 South Padre Island/Industrial Technology Park. At the same time, the City Council
nominated as enterprise zone projects the First Data Corporation, Coastal Refining &
Marketing, and Citgo Refining & Chemicals, Inc. Both the expansion and the projects
were approved by the Texas Department of Economic Development.
In May 1995, the City Council nominated the expansion of the Enterprise Zone to
include a large portion of the land north of the ship channel as requested by the Port of
291
Corpus Christi. This expansion was approved by the Texas Department of Economic
Development. The Council in November 1995 nominated the Trinity Towers Limited
Partnership as an Enterprise Zone project and the project has been completed. In
addition, the City Council placed both the Sitel Corporation and the APAC Corporation
in the Enterprise Zone, both of which were approved by the State. The Trinity Towers
Project is the classic type of redevelopment project envisioned by the Enterprise Zone
Act, while the APAC and Sitel projects create very significant job opportunities.
The original Zone expired in 1997, and the City applied for and received approval of
renewal for an additional seven years, beginning on November 1, 1997, running through
2004.
To date, the designated Enterprise Zone projects have resulted in over $2.5 billion in
construction or planned construction and the creation or proposed creation of
approximately 3,000 jobs. The capital investment in the Corpus Christi Zone represents
over 1/3 of all capital investment in all of the State enterprise zones combined.
292
NUECES
B A Y
293
AN ORDINANCE
EXPANDING AND RENEWING THE BOUNDARIES OF THE CORPUS
CHRISTI ENTERPRISE ZONE AND AUTHORIZING THE FILING OF
AN ENTERPRISE ZONE APPLICATION WITH THE TEXAS
DEPARTMENT OF ECONOMIC DEVELOPMENT; FURTHER
NOMINATING THE EXPANDED ENTERPRISE ZONE AS A
REINVESTMENT ZONE; AND DECLARING AN EMERGENCY.
WHEREAS, the City Council of the City of Corpus Christi, Texas, (the "City") has
recognized the importance of economic development to the City; and
WHEREAS, the City has determined that there are benefits for the City which may be
derived from having an Enterprise Zone Program in accordance with the Texas Enterprise Zone
Act, Texas Government Code Section 2303 (the "Act"); and
WHEREAS, the City has directed the City Manager to develop a City of Corpus Christi
Enterprise Zone Program and to recommend the definite geographical boundaries and specific
economic development incentives of such Enterprise Zone Program; and,
WHEREAS, the Act contemplates nomination by the City to the Texas Department of
Economic Development, of any economically distressed area within the City which meets the
criteria of the Act as a potential enterprise zone; and
WHEREAS, in accordance with the Act, the Texas Department of Economic
Development heretofore approved, on November 22, 1989, the nomination of the City of Corpus
Christi Enterprise Zone ("Zone") as an enterprise zone pursuant to the City's Resolution No. 20806;
and
WHEREAS, the existing enterprise zone was amended and approved by the Texas
Department of Economic Development on January 13, 1998 in accordance with the Act, pursuant
to the City's Resolution No. 023089; and
WHEREAS, the City now desires to renew and amend the boundaries of the Zone in
accordance with the Act and subject to the approval of the Texas Department of Economic
Development; and
WHEREAS, in compliance with the Act, on December 14, 1999, the City held a public
hearing to consider renewing and expanding the boundaries of the Zone;
WHEREAS, the City Council further wishes to nominate the expanded Enterprise Zone
as a reinvestment zone.
\\CITYHALL02\USERS\LEG-DIR\VERONICA~ALISONXORD99.700\99ORDI-I .DOC 1
294
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CORPUS CHRISTI:
SECTION 1. The current boundaries of the Zone, more particularly described on
Exhibit A, (metes and bounds description) and drawn on the proposed zone map identified as
Exhibit B, both attached hereto and incorporated herein for all purposes, and all such areas
described on Exhibits A and B will be hereinafier singly named and referred to as the "Corpus
Christi 2000 Enterprise Zone" ("2000 Zone").
SECTION 2. The City has determined and finds that the 2000 Zone meets the
requirements of Section 2303.101 of the Act, namely (1) the boundaries of the 2000 Zone do not
exceed the original size limitations and boundary requirements of the Act and do not exclude any
part of the Zone as originally designated; (2) the 2000 Zone currently meets and will continue to
meet all unemployment and economic distress criteria throughout the 2000 Zone as prescribed and
required by Section 2303.102 of the Act; (3) the 2000 Zone satisfies the criteria for designation as a
reinvestment zone as specified in Section 2303.507 of the Act; and (4) the City has not made more
than one boundary amendment over the past year during the zone designation period.
SECTION 3. Pursuant to the Act, the 2000 Zone is hereby nominated as an
enterprise zone, subject to the approval of the Texas Department of Economic Development in
accordance with the Act.
SECTION 4. The City will provide certain tax and other incentives applicable to
business in the enterprise zone, the first six of which are not available throughout the City us
follows:
1. Designated Public Works Improvements;
2. Enterprise Zone Signage Program;
3. Enterprise Zone Expeditor;
4. Weed and Seed Program as designated by the U.S. Department of Justice;
5. Authorize the City Manager to engage in certain public/private partnerships with
proposed enterprise zone projects for purposes of offering incentive(s)
unique to such proposals;
6. Tax Increment Financing in the Reinvestment Zone #1, as established in
Ordinance No. 19708;
7. City of Corpus Christi Tax Abatemere as provided by the Guidelines and
Criteria for Granting Tax Abatement;
8. Tax Exempt Revenue Bonds;
9. The Corpus Christi Foreign Trade Zone;
10. Federal Economic Development Administration (EDA) Public Works Grants;
11. Corpus Christi Commercial Rehabilitation Loan Program.
SECTION 5. The City of Corpus Christi Office of the City Manager is hereby
designated as the City's administrative agency to administer the Act within the 2000 Zone located
wholly within the area of the corporate limits and the extraterritorial jurisdiction of the City.
\\CITYHALL02\USERS\LEG-DIR\VERONICAXALISONXORD99.700\99ORDI~I .DOC 2
295
SECTION 6. The City Manager or his designee is authorized and directed to
submit an application to the Texas Department of Economic Development for the designation of
the 2000 Zone as a designated enterprise zone pursuant to the Act. The Assistant City Manager for
Developmental Services is directed to act as a liaison and authorized representative to the Texas
Depm hnent of Economic Development.
SECTION 7. The City Manager or his designee is authorized to sign and enter into
a negotiated agreement with the Texas Department of Economic Development, and to take all
action necessary to accomplish the purposes of this ordinance.
SECTION 8. All City Ord'mances and Resolutions, and provisions of City
Ordinances and Resolutions, in conflict herewith are hereby expressly repealed;
SECTION 9.
reinvestment zone.
The City hereby nominates the expanded Enterprise Zone as a
SECTION 10. The provisions of this Ordinance are severable. If any section,
subsection, paragraph, sentence, clause, or phrase of this Ordinance is declared .invalid by any court
of competent jurisdiction, such declaration of invalidity does not affect the remainder of this
Ordinance which continues in effect.
SECTION 11. That upon written request of the Mayor or five Council
members, copy attached, to find and declare an emergency due to the need for immediate
action necessary for the efficient and effective administration of City affairs, such finding of an
emergency is made and declared requiring suspension of the Charter rule as to consideration
and voting upon ordinances at two regular meetings so that this ordinance is passed and shall
take effect upon first reading as an emergency measure this the __ day of
, 1999.
ATTEST:
THE CITY OF CORPUS CHRISTI
City Secretary, Annando Chapa Samuel L. Neal, Jr., Mayor
Legal form approved [C, }(CZC/%~,~{( 1999; James R. Bray, Jr., City Attorney
\\CITYHALL02\USERS\LEG-DIR\VERONICAXALISONXORD99.700\99ORDI~I .DOC 3
296
RESOLUTION
A RESOLUTION NOMINATING AND DESIGNATING
GULF COAST ENTERTAINMENT, L.L.C. AS A
QUALIFIED BUSINESS AND ENTERPR/SE PROJECT
PURSUANT TO THE TEXAS ENTERPRISE ZONE ACT,
CHAPTER 2303, TEXAS GOVERNMENT CODE.
WHEREAS, the City of CORPUS CHRISTI, Texas ("CORPUS CHRISTF) desires to
pursue the creation of an economic and social environment which will induce the investment of
private resources in productive business enterprises located in the City of CORPUS CHRISTI
Enterprise Zone ("Enterprise Zone") and will provide employment to residents of the Enterprise
Zone and to other economically disadvantaged individuals; and
WHEREAS, the Texas Enterprise Zone Act, Chapter 2303, Texas Government Code, as
amended, (the "Act") authorizes the designation of enterprise projects within an enterprise zone,
WHEREAS. the City finds
LIABILITY CORPORATION I'GULF
successor in interest, meets the crneria for
the following grounds:
1. GULF COAST ENTERTAINMENT. L.L.C. is a ~qualified business"
under Section 2303.402 of the Act since it is engaged in the active conduct
of a trade or business in the Enterprise Zone and at least twenty-five (25 % )
percent of the additional employees will be residents of the Enterprise
Zone or economically disadvantaged individuals:
that GULF COAST ENTERTAINMENT. LIMITED
COAST ENTERTAINMENT, L.L.C.'), or its
designation as an enterprise project under the Act on
~\CITYHALL02\USERS\LEG-DIR\VERONICA\ALISON\ORD99.700\NOMINA' 1 .DOC
297
2. GULF COAST ENTERTAINMENT, L.L,C. is located in the
Enterprise Zone which has an unemploymem rate of not less than one and
one-half (1-1/2) times the State unemployment rate;
3. There has been and will continue to be a high level of cooperation
between public, private, and neighborhood entities within the Enterprise
Zone; and
4. The designation of GULF COAST ENTERTAINMENT, L.L.C. as an
enterprise project will contribute significantly to the achievement of the
plans of the City for development and revitalization of the Enterprise
Zone.
WHEREAS, the City finds that it is in the best interest of the City to nominate GULF
COAST ENTERTAINMENT, L.L.C. as an enterprise project pursuant to the Act; therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
1. The findings of the City Council and its actions approving this Resolution taken during its
Regular Meeting are hereby approved and adopted.
2. GULF COAST ENTERTAINMENT, L.L.C. is a "qualified business", as defined in
Section 2303.402 of the Act. and meets the criteria for designation as an enterprise project.
3. The City hereby nominates GULF COAST ENTERTAINMENT, L.L.C. as an enterprise
project pursuant to the Act. and authorizes the City Manager or his designee to file an application
requesting designation of GULF COAST ENTERTAINMENT, L.L.C. as an enterprise project
with the Texas Depa,'unent of Economic Development, and to execute all documents and
agreements necessary to process said application.
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298
4. The City finds and determines that GULF COAST ENTERTAINMENT, L.L.C. meets
the criteria for tax relief and other incentives adopted by the City and hereby nominates GULF
COAST ENTERTAINMENT, L.L.C. as an enterprise project in accordance with the Act on the
grounds that it will be located wholly within the Enterprise Zone, and will create a higher level
of employment, economic activity and stability.
5. The City finds and determines that it is in the best interest of the City to nominate GULF
COAST ENTERTAINMENT, L.L.C. as an enterprise project pursuant to the Act.
6. Upon approval of the Texas Depa~uuent of Economic Development. the Enterprise
Project will be named GULF COAST ENTERTAINMENT, L.L.C. - CORPUS CHRISTI
Project.
7. The enterprise project shall take effect on the date of designation of the enterprise project
noted by the Texas Depat u,,ent of Economic Development and terrainate five (5) years after date
of designation.
INTRODUCED AND PASSED by the City Council of the City of CORPUS CHRISTI,
Texas, this 14TH Day of DECEMBER, 1999.
ATTEST: The City of Corpus Christi
Annando Chapa, City Secretary Samuel L. Neal, Jr. Mayor
Legal form approved on l~7~t.t~ t~,~tt, .1999; James R. Bray, Jr., City Attorney
Allson (;aliaway, F istant City
\\CrrYHALL02\USERS\LEG-DIR\VERONICA\ALISON\ORD99.700\NOMINA~ 1 .DOC
299
P4I
CITY COUNCIL
AGENDA MEMORANDUM
December 8, 1999
AGENDA ITEM: Ratifying the guidelines and criteria for authorizing temporary
tax abatement and authorizing the execution of an agreement with Gulf Coast
Entertainment, L.L.C., providing for temporary tax abatement.
ISSUE: Gulf Coast Entertainment, L.L.C. has applied to the City for tax
abatement for their proposed water park.
In order for tax abatement to be granted, the City Council must ratify the
guidelines and criteria for authorizing temporary tax abatement and must
approve the execution of a tax abatement agreement.
CONCLUSION AND RECOMMENDATION: Staff believes that the water park
will be a large asset to the City of Corpus Christi, generating expanded visitor
days coupled with increased hotel-motel utilization and an expanded sales tax
base. Therefore, we are recommending approval.
W. Thomas Utter
Assistant City Manager
301
BACKGROUND INFORMATION
Texas law allows cities to grant temporary tax abatements to companies and industries
to induce the facilities to either locate in or expand within the city's jurisdiction or to
improve the economic viability of the project. The law also requires that local
governments adopt guidelines and criteria every two years in order to maintain their
abatement program. The City of Corpus Christi last adopted guidelines and criteria for
temporary tax abatement in December 1995.
While tax abatements are utilized extensively by cities throughout the nation and in the
State of Texas, the City of Corpus Christi has made very limited use of tax abatement.
Typically, the City has always utilized its ability to use industrial district contracts as its
principal economical development tool. The City has always recognized that industrial
district contracts are a somewhat more powerful economic development tool than tax
abatement. However, industrial districts are valid only in areas outside the City limits
and typically are better suited to heavy industrial development than other types of
commemial undertakings. Tax abatement has been granted by the City for the Coastal
Javelina Plant, the First Data Corporation, the MCA Telecommunications firm, the
Trinity Towers Limited Partnership, the Sitel Corporation, and APAC.
CURRENT CONSIDERATION OF TAX ABATEMENT FOR GULF COAST
ENTERTAINMENT, L.L.C.: The proposed project has a total construction cost of
$11.3 million generating permanent employment of 122 (full-time equivalents). They
estimate that construction jobs will number approximately 300. The company has
substantial development plans for the proposed site, which is located adjacent to North
Padre Island Drive and contains approximately 173.5 acres. The project will include a
Mayan-themed water park as well as a conference center during the first stage of
development. The water park is planned to have three large waterslides upon
commencement of operations, with two additional slides to be constructed in years 2 or
3. The water park also will have a variety of pools for children and adults, including a
wave pool and slow-action river pools. The proposed conference center is slated to be
90,000 square feet in a 6-floor structure, and the facility will provide meeting space for
large groups in Corpus Christi. Additionally, hotels could be developed on pad sites
located on the property, and retail and restaurant facilities are included within the overall
plan for the property, but such projects will not be participating in the abatement.
The project, when constructed as designed, should add a new significant tourist amenity
to the Corpus Christi area. We believe that the project will cause increased hotel-motel
utilization and should substantially increase the sales tax revenue.
Gulf Coast Entertainment, L.L.C. is also requesting tax abatement from Nueces County.
302
RESOLUTION
RATIFYING THE GUIDELINES AND CRITERIA FOR
AUTHORIZING TEMPORARY TAX ABATEMENT
AND AUTHORIZING THE EXECUTION OF AN
AGREEMENT WITH GULF COAST ENTERTAIN-
MENT L.L.C. PROVIDING FOR TEMPORARY
PROPERTY TAX ABATEMENT
WHEREAS, the Texas Property Redevelopment and Tax Abatement Act (the "Act"),
Texas Tax Code, Chapter 312, as amended, authorizes the City of Corpus Christi (the "City") to
enter into Tax Abatement Agreements for projects meeting the guidelines and criteria for granting
tax abatement, as amended, duly adopted by the City; and
WHEREAS, the City desires to ratify its Guidelines and Criteria for Granting Tax
Abatement since the Act provides that the guidelines and criteria only remain in effect for a two-
year period; and
WHEREAS, an application for temporary tax abatement has been filed with the City by
Gulf Coast Entertainment, L.L.C. for the construction of a new Facility in the City; and
WHEREAS, the enterprise zone in the City includes the property to be covered by the
proposed tax abatement agreement and is eligible for such treatment in accordance with the
provisions of the Act;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF CORPUS CHRISTI, TEXAS THAT:
1. The City finds and determines that the Guidelines and Criteria for Granting Temporary
Tax Abatement in the form attached as Exhibit A are ratified and confirmed as being the
guidelines and criteria for granting abatement as required under the Act.
2. The City finds and determines that the terms of the proposed tax abatement agreement
and the property subject to the proposed agreement meet the applicable guidelines and criteria,
and the City further determines that the proposed project is feasible and the proposed temporary
abatement of taxes will inure to the long term benefit of the City.
3. The execution of the Tax Abatement Agreement attached in substantial form as Exhibit
B is hereby authorized and approved.
F:\IIXABATEXP, esc-GuIfCoa.sX, doc
303
DULY adopted at a regular meeting of the City Council of the City on the 14th day of
December, 1999.
ATTEST:
CITY OF CORPUS CHRISTI, TEXAS
By:
Armando Chapa, City Secretary
APPROVED AS TO FORM:
December q , 1999
By:
Samuel L. Neal, Mayor
F:\t 1XABATEXResc-Gu~Coastdoc
304
GUIDELINES AND CRITERIA
FOR GRANTING TAX ABATEMENT
WHEREAS, the attraction of long-term investment and the establishment of new jobs in the area
would enhance the economic base of area taxing entities; and
WHEREAS, Corpus Christl must compete with other conunities across the nation currently
offering tax inducements to attract new plant and modernization projects, and studies have shown that a
favorable local tax climate and start-up tax concessions rank second on the list of priorities for new
plant installations or expansions; and
WHEREAS, tax abatement is one of the principal means by which the public sector and the
private sector can forge a partnership to promote real economic growth within a community; and
WHEREAS, any tax incentives offered must be strictly limited in application to those new and
existing industries that bring new wealth to the community in order to avoid reducing the needed tax
revenues of area taxing entities; and
WHEREAS, the Property Redevelopment and Tax Abatement Act (the "Act"), Chapter 312 of
the Texas Tax Code authorizes counties, cities and school districts to provide propen-y tax abatement
for limited periods of time as an inducement for the development or redevelopment of a property; and
WHEREAS, the Act requires eligible taxing jurisdictions to establish Guidelines and Criteria as
to eligibility for tax abatement agreements prior to granting any future tax abatement, said Guidelines
and Criteria to be unchanged for a two-year period unless amended by a three-fourths vote; and
WHEREAS, to assure a conon, coordinated effort to promote economic development, these
Guidelines and Criteria have been circulated among Nuecas County, the City of Corpus Christi and
other governmental entities for consideration as a conon policy for all jurisdictions which choose to
participate in tax abatement agreements;
NOW, THEREFORE, BE IT RESOLVED by the City of Corpus Christi that these Guidelines
and Criteria for granting tax abatement be adopted:
Section I. Definitions.
(a)
"Abatement" means the temporary, full or partial exemption from ad valorem taxes of certain
added value to real and personal property in a zone designated for economic development
purposes pursuant to the Act.
(b)
"Added Value" means the increase in the assessed value of an eligible property as a result of
"expansion" or "modernization" of an existing facility or construction of a "new facility." It does
not mean or include "deferred maintenance."
(c) "A~reement" means a contractual agreement between a property owner and/or lessee and an
Eligible jurisdiction for the purposes of tax abatement.
(d)
"Base Year Value" means the assessed value of eligible property as of the January 1 preceding
the execution of an Agreement plus the agreed upon value of eligible property improvements
made after January 1 but before the execution of the Agreement.
305 Exhibit A
(h)
(i)
c j)
0c)
(1)
(n)
(o)
(p)
CORPUS CHRISTI
December 1999
"Basic Manufacturing or Service Facility" means buildings and structures, including fixed
machinery and equipment not elsewhere described, used or to be used for the production of
products or services which derive a majority of revenue from points beyond a 50-mile radius of
Nueces County.
"Deferred Maintenance" means improvements necessary for continued operations which do not
improve productivity or alter the process technology.
"Economic Life" means the number of years a property improvement is expected to be in service
in a Facility.
"Eligible Jurisdiction" means the City of Corpus Christi, Nueces County and any municipality or
school district, the majority of which is located in Nueces County, that levies ad valorera taxes
upon and provides services to property located within the proposed or existing zone designated
pursuant to the Act.
"Exoansion" means the addition of buildings, structures, fixed machinery or equipment for the
purposes of increasing capacity.
"Facility" means property improvements completed or in the process of construction which
together compromise an integral whole.
"Modernization" means the replacement and upgrading of existing facilities which increase the
productive input or output, updates the technology or substantially lowers the unit cost of the
operation, and extends the economic life of the facilities. Modernization may result from the
construction, alteration or installation of buildings, structures, fixed machinery or equipment. It
shall not be for the purpose of reconditioning, refurbishing, repairing or completion of deferred
maintenance.
"New Facility" means a property previously undeveloped which is placed into service by means
other than or in conjunction with an expansion or modernization.
"Owner" means the owner of a Facility subject to abatement. If the Facility is constructed on a
leased property, the owner shall be the party which owns the property subject to tax abatement.
The other party to the lease shall join in the execution of Agreement but shall not be obligated to
assure performance of the party receiving abatement.
"Petrochemical Facility" means buildings and structures, including fixed machinery and
equipment, the primary purpose of which is or will be the manufacture or processing of
petrochemicals or fuels by physical or chemical change.
"Regional Distribution Center Facility" means buildings and snares, including fixed
machinery and equipment, used or to be used primarily to receive, store, service or distribute
goods or materials owned by the Facility operator where a majority of the goods or services are
distributed to points beyond a 50-mile radius of Nueces County.
"Regional Telecommunications/Data Processin~r Center Facility" means buildings and structures
used or to be used primarily for the provision of telecommunication or data processing services
by the Facility operator where a majority of the services are provided to points beyond a 50-mile
radius of Nueces County.
"Regional Visitor/Amusement Facility" means buildings and structures used or to be used
2
306
(b)
(c)
primarily as a stadium, arena, amusement park or similar attraction or sports venue.
"Entemrise Zone Residential Redevelonment Facility" means buildings and structures used or to
be used primarily for residential purposes and which are located within an enterprise zone.
Section 2. Abatement Authorized.
Authorized Facilities. A Facility may be eligible for abatement if it is a Basic Manufacturing or
Service Facility, Regional Distribution Center Facility, Regional Telecommunications/Data
Processing Center Facility, Regional Visitor/Amusement Facility, Enterprise Zone Residential
Redevelopmerit Facility or Petrochemical Facility. Abatement may be granted for new facilities
and improvements to existing facilities for the purpose of modernization or expansion.
Creation of New Value. Abatement may only be granted for the additional value of eligible
property improvements made subject to and listed in an abatement Agreement between the
Eligible jurisdiction and the property owner and lessee (if required), subject to such limitations as
said jurisdiction may require. The economic life of the improvements must exceed the term of
the abatement Agreement.
Eligible Property. Abatement may be extended to the value of the improvements to real
property, including buildings, structures, fixed machinery and equipment, and site improvements,
plus that office space and related fixed improvements necessary to the operation and
administration of the Facility.
Ineligible Property. The following types of property shall be fully taxable and ineligible for
abatement: land; inventories; supplies; tools; furnishings and other forms of movable personal
property; vehicles; vessels; aircraft; housing; hotel accommodations; deferred maintenance
investments; property to be rented or leased except as provided in Section 2(e); improvements for
the generation or transmission of electrical energy not wholly consumed by a New Facility or
expansion; any improvements, including those to produce, store or distribute natural gas, fluids
or gases, which are not integral to the operation of the Facility; improvements to real property
which have an economic life of less than 15 years; property owned or used by the State of Texas
or its political subdivisions or by any organization owned, operated or directed by a political
subdivision of the State of Texas; unless any of the above types of property are specifically
authorized by the Eligible jurisdiction.
Period of Abatement. Abatement shall be granted effective with the January I valuation date
immediately following the date of execution of the Agreement. Abatement shall be allowed for a
period of five years following the completion of construction. If the period of construction
exceeds two years, the Facility shall be considered completed for purposes of abatement and in
no case shall the period of abatement, inclusive of the construction period exceed seven years.
CornDiction of Construction. The completion of construction shall be deemed to occur upon the
earliest of the following events:
(1) when a certificate of occupancy is issued for the project (if it is located within a city),
(2) when commercial production of a product or provision of a service is achieved at the
Facility,
(3)
when the architect or engineer supervising construction issues a certificate of substantial
completion, or some similar instrument, or
3
307
CORPUS CHRISTI
December 1999
(4) two (2) years after the date of the Agreement.
The above determination shall be made by the Eligible jurisdiction offering the abatement, in its
sole and absolute discretion, based upon the above criteria and such other factors as the
jurisdiction may deem relevant. The determination of the completion of construction shall be
conclusive, and any judicial review of such determination shall be governed by the substantial
evidence rule.
Abatement Percentage. For a Facility which provides not less than 50 (but not more than 99)
new permanent jobs, the percentage of tax abated shall be in accordance with the following
schedule:
Year PercentaEe of Abatement
Construction Period 100%
(not to exceed 2 years)
Year 1 50%
Year 2 50%
Year 3 50%
Year 4 50%
Year 5 50%
Provided that, for a Facility which provides not less than 100 (but not more than 199) new
permanent jobs, the percentage of tax abatement shall be in accordance with the following
schedule:
Year
Percentage of Abatement Percentage of Abatement
(for first $10 million) (over $10 million)
Construction Period 100% 100%
(not to exceed 2 years)
Year 1 75% 50%
Year 2 75% 50%
Year 3 75% 50%
Year 4 75% 50%
Year 5 75% 50%
Provided that, for a Facility which provides at least 200 new permanent jobs, the percentage of
tax abatement shall be in accordance with the following schedule:
Year
Percentage of Abatement Percentage of Abatement
(for first $10 ntillion) (over $10 ntillion)
Construction Period 100% 100%
(not to exceed 2 years)
Year 1 100% 50%
Year 2 100% 50%
Year 3 100% 50%
Year 4 100% 50%
Year 5 100% 50%
4
308
(i)
CORPUS CHRISTI
December 1999
In the event the Added Value caused by the Project is less than $2.0 million, no abatement shall
be granted unless the Facility is a Rehabilitation Project as described in Section 2 (h).
In order to be counted as a penanent job under these Guidelines, the job must be a full-time
position providing regular work schedules of at least 35 hours per week. For compliance
purposes, the determination date shall be lanuary 1 of each year commencing with the January 1
following the date of completion of construction. The percentage of abatement provided each
year under the Agreement shall be based upon the employment information as of January 1 of
such year. As a result, the actual amount of abatement may vary from year to year based upon
employment levels and property valuations.
For example, Company A has an abatemere Agreement entered 511/95 and projects to create 250
permanent jobs. If the actual experience of Company A involves fluctuating job levels, the actual
abatement under the Agreement could follow the following pattern:
Year Employment Abatement (First $10mm) Abatement (Over $10mm)
1/1/96' 0 100% 100%
1/1/97' 0 100% 100%
1/1/98 150 75% 75%
1/1/99 250 100% 75%
1/1/00 150 75% 50%
1/I/01 50 50% 50%
1/1/02 250 100% 25%
*Construction Underway
Rehabilitation Proiects. The $2 million minimum Added Value requirement for abatement shall
not apply to rehabilitation projects which involve the adaptive reuse of an existing structure or
building for a Facility. In order to qualify as a rehabilitation project under this provision, the
project must involve a minimum capital expenditure of $250,000. Any rehabilitation project
must involve the adaptive reuse of an existing structure or building currently on the property tax
rolls so that the Base Year Value associated with the project will include both the value of the
land and the existing improvements. For such rehabilitation projects, all Eligible Property in
excess of the Base Year Value shall be subject to abatement plus the value of personal property
such as furniture and movable equipment which would otherwise be considered Ineligible
Property for any other type of abatement category. In no event, however, may the total value of
personal property subject to abatement exceed $1 million or the total mount of all property
subject to abatement in a rehabilitation project exceed $5 million.
Estimated Added Value Requirement. At the time of execution of the tax abatement Agreement,
the Owner shall reasonably estimate the Added Value upon completion of construction of any
improvements to real property in connection with the Project. This "Estimated Added Value"
shall be stated in the Agreement. In the event that upon completion of construction of the
improvements, the Added Value, as determined by the Nueces County Appraisal District, shall at
any time thereafter during the term of the abatement Agreement be less than eight-five percent
(85%) of the Estimated Added Value, not due to circumstances beyond the control of Owner, the
Owner agrees to pay an amount equal to the then current tax rate of each Eligible jurisdiction
providing abatement applied to the difference between the actual Added Value from eighty-five
percent (85%) of the Estimated Added Value, multiplied by 100% minus the net percentage of
Abatement provided under the Agreement. For the purposes of this provision, the term
"circumstances beyond the control of Owner" shall include casualty losses, national economic
5
309
0)
CORPUS CHRIST[
Decemt~t 1999
factors, shutdowns due to governmental regulations, strikes, acts of war, and the like. The
formula for calculating such additional tax is outlined as follows:
[Tax Rate] x [(85% of Est. Added Value - Actual AV) x (100% - Abatement%)] = Additional Tax
Proverties in Industrial Districts. For eligible property to be constructed in an area which is
covered by an executed industrial district agreement with the City, the method of calculating
payments in lieu of property taxes for such eligible property shall be as set forth in the industrial
district agreement. As an alternative to an industrial district agreement, an eligible property may
be covered by a tax abatement agreement, but such shall constitute an election by the Owner that
the land and improvements shall not be included within any type of industrial district
arrangement following the expiration of the tax abatement agreement.
(k) Economic Ouali~cation. In order to be eligible for tax abatement, the planned improvement:
0)
(b)
(i)
must create no later than the January 1 following the completion of construction and
maintain throughout the remainder of the term of the Agreement the minimum number of
50 permanent jobs in Nueces County;
(2) must not adversely affect competition in the local market with established local businesses.
Taxability. From the execution of the Agreement to the end of the abatement period, taxes shall
be payable as follows:
(1) The value of Ineligible Property as provided in Section 2(e) shall be fully taxable (except
for personal property added in connection with a Rehabilitation ProjecO;
(2) The Base Year Value of existing Eligible Property as determined each year shall be fully
taxable; and
(3)
The Added Value of new Eligible Property (and certain personal property added in
comnection with a Rehabilitation Project) shall be taxable in the manner described in Section
2(g) above.
Section 3. Application.
Written Application. Any present or potential owner of taxable property may request tax
abatement by filing a written application with: (i) the City Manager of the City, if such property
is within the city limits, or (ii) the County Judge of Nueces County, if such property is in the
unincorporated areas of Nueces County.
Contents of Application. The application shall consist of a completed application form
accompanied by: a general description of the new improvements to be undertaken; a descriptive
list of the improvements for which abatement is requested; a list of the kind, number and location
of all proposed improvements of the property; a map and property description; and a time
schedule for undertaking and completing the proposed improvements. In the case of a
modernization or expansion project, a statement of the assessed value of the Facility, separately
stated for real and personal property, shall be given for the tax year immediately preceding the
application. The application form may require such financial and other information as the City,
County or other Eligible jurisdiction, as applicable, deems appropriate for evaluating the
financial capacity and other relevant factors of the applicant.
6
310
(C)
(a)
Co)
(e)
Written Notification to Governing Bodies. Upon receipt of a completed application, the City
Manager or County Judge, as the case may be, shall forward a copy of the application to the
presiding officer of the governing body of each Eligible jurisdiction having jurisdiction of the
property covered by the application.
Feasibility_. After receipt of an application for abatement, the City or the County, as applicable,
shall consider the feasibility and the impact of the proposed tax abatement. The study of
feasibility shall include, but not be limited to, an estimate of the economic effect of the abatement
of taxes and the benefit to the Eligible jurisdiction and the property to be covered by such
abatement.
No Abatement if Construction has Commenced. No tax abatement Agreement shall be approved
if the application for the abatement was filed after the commencement of constraction, alteration
or installation of improvements related to the proposed Modernization, Expansion or New
Facility.
Variance. Requests for variance from the provisions of Section 2 may be made in written form,
provided, however, that no variance may extend the term of abatement beyond five years after
completion of construction. Such requests shall include a complete description of the
circumstances explaining why the applicant should be granted a variance. Approval of a request
for variance requires a three-fourths (3/4) vote of the governing body of each Eligible jurisdiction
providing abatement.
Section 4. Public Hearing and Approval.
Designation of Zone. A resolution designating a zone for tax abatement under the Act may not
be adopted, by the City or the County until a public hearing has been held at which interested
persons are entkled to speak and present evidence for or against the designation. Notice of the
hearing shall be provided to each Eligible jurisdiction and to the public in the manner required by
the Act.
Required Findings. In order to enter into a tax abatement Agreement, the County, the City and
any school district must find that the terms of the proposed Agreement meet these Guidelines and
Criteria.
Reservation of Rights. Nothing herein shall be construed to limit the authority of the City, the
County or any other jurisdiction to examine each application for tax abatement before it on a
case-by-case basis and determine in its sole and absolute discretion whether or not the proposed
project should be granted temporary tax abatement and whether or not it complies with these
Guidelines and Criteria, is feasible, and whether or not the proposed temporary abatement of
taxes will inure to the long-term benefit of such Eligible jurisdiction.
Section 5. Agreement.
Contents of Tax Abatement A~reement. The tax abatement Agreement with the Owner of the
Facility shall include:
(1) the estimated value to be subject to abatement and the Base Year Value;
(2) the percentage of value to be abated each year as provided in Section 2(g);
0)
the commencement date and termination date of abatement;
7
(c)
(C)
(d)
COKPUS CHR/STI
December 1999
(4) a provision that the term of the Agreement shall extend until five (5) years after the
expiration of the period of tax abatement;
(5) the proposed use of the Facility, nature of construction, time schedule, map, property
description and improvements list as provided in the application as required;
the contractual obligations in the event of default, delinquent taxes, recapture,
administration and assignment as provided in these Guidelines or other provisions that may
be required for uniformity or by state law; and
(7) the mount of Added Value and required number of permanent jobs.
Time of Execution. The tax abatement Agreement shall normally be executed within 60 days
after the applicant has provided all necessary information and documentation.
Atlorney's Fees. In the event any attorney's fees are incurred by the Eligible jurisdiction in the
preparation of a tax abatement Agreement, said fees shall be paid by the applicant upon execution
of the Agreement.
Section 6. Recapture.
Failure to Commence Operation During Term of Agreement. In the event that the Facility is not
completed and does not begin operation with the minimum number of 50 permanent jobs by the
January 1 following the completion of construction, no abatement shall be given for that tax year,
and the full mount of taxes assessed against the property shall be due and payable for that tax
year. In the event that the Owner of such a Facility fails to begin operation with the minimum
number of 50 permanent jobs by the next January 1, then the abatement Agreement shall
terminate and all abated taxes during the period of construction shall be recaptured and paid
within 60 days of such termination.
Discontinuance of Operations During Term of Agreement. In the evem the Facility is completed
and begins operation with the required minimum number of 50 permanent jobs but subsequently
discontinues operations and the minimum number of 50 permanent jobs is not maintained on any
January 1 during the term of the Agreement after the completion of construction, for any reason
except on a temporary basis due to fire, explosion or other casualty or accident or natural
disaster, the Agreement may be terminated by the Eligible jurisdiction providing abatement, and
all taxes previously abated by virtue of the Agreement shall be recaptured and paid within 60
days of such termination.
Delinquent Taxes. In the event that the Owner allows its ad valorera taxes to become delinquent
and fails to timely and properly follow the legal procedures for their protest and/or contest, the
Agreement shall terminate and so shall the abatement of the taxes for the tax year of the
delinquency. The total taxes assessed without abatement, for that tax year shall be paid within 60
days from the date of termination.
Notice of Default. Should the Eligible jurisdiction providing abatement determine that the
Owner is in default according to the terms and conditions of its Agreement, it shall notify the
Owner in writing at the address stated in the Agreement that if such is not cured within 60 days
from the date of such notice (the "Cure Period"), then the Agreement may be terminated. In the
event the Owner fails to cure said default during the Cure Period, the Agreement may be
terminated and the taxes abated by virtue of the Agreement will be recaptured and paid as
8
312
(e)
(t)
(a)
(b)
provided herein.
Actual Capital Investment. Should the Eligible jurisdiction providing abatement determine that
the total level of capkal investment in eligible property is lower than provided in the Agreement,
the difference between the tax abated and the tax which should have been abated based upon the
actual capital investment as determined shall be paid to the taxing agencies within 60 days of
notification to the Owner of such determination.
Reduction in Rollback Tax Rate. If during any year of the period of abatement with respect to
any property any portion of the abated value which is added to the current total value of the
Eligible jurisdiction but is not treated as "new property value" (as defined in Section 26,012(17)
of the Texas Tax Code) for the purpose of establishing the "effective maintenance rate" in
calculating the "rollback tax rate" in accord with Section 26.04(c)(2) of the Texas Tax Code and
if the Eligible jurisdiction's budget calculations indicate that a tax rate in excess of the "rollback
tax rate" is required to fund the operations of the Eligible jurisdiction for the succeeding year,
then the Eligible jurisdiction shall recapture from the taxpayer a tax in an amount equal to the
lesser of the following:
(1) The amount of the taxes abated for that year by the Eligible jurisdiction with respect to
such taxpayer.
(2)
The amount obtained by subtracting the rollback tax rate computed without the abated
property value being treated as new property value from the rollback tax rate computed
with the abated property value being treated as new property value and multiplying the
difference by the total assessed value of the Eligible jurisdiction.
If the Eligible jurisdiction has granted an abatement of taxes to more than one taxpayer, then the
amount of the recapture calculated in accord with subparagraph (2) above shall be prorated on the
basis of the amount of the abatement with respect to each taxpayer.
All recaptured taxes must be paid within thirty (30) days after notice thereof has been given to
the affected taxpayer. Penalty and interest shall not begin to accrue upon such sum until the first
day of the month following such thirty (30) day notice, at which time penalty and interest shall
accrue in accord with the laws of the State of Texas.
Continuation of Tax Lien. The amount of tax abated each year under the terms of these
Guidelines and the Agreement shall be secured by a first and prior tax lien which shall continue
in existence from year to year throughout the entire term of the Agreement or until all taxes,
whether assessed or recaptured, are paid in full.
Section 7. Administration.
Annual Assessment. The Nueces County Appraisal District shall annually determine an
assessment of the real and personal property subject to an Agreement. Each year, the Owner
shall furnish the Appraisal District with such information as may be necessary for the abatement.
Once value has been established, the Appraisal District shall notify the affected jurisdictions
which levy taxes of the amount of the assessment and the abatement.
Access to Facility. The Agreement shall stipulate that employees and/or designated
representatives of the Eligible jurisdiction will have access to the Facility during the term of the
Agreement to inspect the Facility to determine if the terms and conditions of the Agreement are
being met. All inspections will be made only after giving 24 hours prior notice and will only be
9
(C)
(d)
(e)
(g)
CORPUS CHRISTI
December 1999
conducted in such manner as to not unreasonably interfere with the construction and/or operation
of the Facility. All inspections will be made with one or more representatives of the Owner and
in accordance with its safety standards.
Annual Evaluation. Upon completion of construction, the Eligible jurisdiction individually or in
conjunction with other affected jurisdictions, shall annually evaluate each Facility receiving
abatement to ensure compliance with the Agreement and report possible violations of the
Agreement.
Annual Reports. The Owner shall certify to the governing body of the Eligible Jurisdiction on or
before April 1 each year that the Owner is in compliance with each applicable term of the
agreement. Additionally, during the initial four years of the term of property tax abatement, the
Owner shall provide to the Eligible Jurisdiction approving the abatement an annual report
covering those items listed on Schedule 1 in order to document its efforts to acquire goods and
services on a local basis. Such annual report shall be prepared on a calendar year basis and shall
be submitted to the Eligible jurisdiction no later than ninety (90) days following the end of each
such calendar year. The annual report shall be accompanied by an audit letter prepared by an
independent accounting firm which has reviewed the report.
"Buy Local" Provision. Each recipient of property tax abatement shall additionally agree to give
preference and priority to local manufacturers, suppliers, contractors and labor, except where not
reasonably possible to do so without added expense, substantial inconvenience, or sacrifice in
operating efficiency. In any such exception cases involving purchases over $10,000.00 a
justification for such purchase shall be included in the a~nual report. Each such recipient shall
further acknowledge that it is a legal and moral obligation of persons receiving property tax
abatements to favor local manufacturers, suppliers, contractors and labor, all other factors being
equal. For the purposes of this provision, the term "local" as used to describe manufacturers,
suppliers, contractors and labor shall include firms, businesses, and persons who reside in or
maintain an office in either Nueces County or San Patricio County. In the event of a breach of
the buy-local provision, the percentage of abatement shall be proportionately reduced equal to the
amount the disqualified contract bears to the total construction cost for the project.
Right to Modify or Cancel. Notwithstanding anything herein or in any agreement to the
contrary, the governing body of the Eligible Jurisdiction may cancel or modify the agreement if
the Owner fails to comply with the Agreement.
Transition Rule. For any project which obtained an abatement agreement within the twelve
months prior to adoption of these Guidelines, such project may, upon the agreement of the
Owner and the Eligible Jurisdiction, obtain an amendment to its tax abatement agreement to
incorporate the terms and conditions of these Guidelines.
10
314
CORPUS CHRISTI
December 1999
SCI-mDULE 1
"Buy Local" Annual Reports
The following information shall be reported to the Govemmental Unit on a calendar-year
basis during the first four years of the tax abatement program:
1. Dollar amount spent for materials* (local).
2. Dollar mount spent for materials* (total).
3. Dollar amount spent for labor** (local).
4. Dollar mount spent for labor** (total).
5. Number of jobs created in the construction project (local).
6. Number of jobs created in the construction project (total).
7. Number of jobs created on a permanent basis (local).
8. Number of jobs created on a permanent basis (total).
* "Materials" is deftned to include all materials used in excavation, site improvement, demolition,
concrete, structural steel, fire proofing, piping, electrical, instraments, paintings and scaffolding,
insulation, temporary construction facilities, supplies, equipment rental in construction, small tools
and consumables. This term does not include major items of machinery and equipment not readily-
available locally.
** "Labor" is defined to include all labor in connection with the excavation, site improvement,
demolition, concrete consauction, structural steel, fire proofing, equipment placement, piping,
electrical, instruments, painting and scaffolding, insulation, construction services, craft benefits,
payroll burdens, and related labor expenses. This term does not include engineering sentices in
connection with the project design.
The term "local" as used to describe manufacturers, suppliers, contractors and labor shall include
firms, businesses, and persons who reside in or maintain an office in either Nueces County or San
Patricio County.
F:\I 1V~BATEXGuidelines-CC,doc ] 1
315
22
CITY COUNCIL AGENDA MEMORANDUM
December 7, 1999
Subiect; Fi~t reading of Cib/of Corpus Christi Zoning Ordinance tex~ amendment to the "B-
2A" Barrier Island Business District.
A.qenda Item: Amending the Zoning Ordinance on the first reading by revising Article 13,
"B-2A" Barrier Island Business District and Section 27B-7.01.C relating to uses allowed in the
District and Street yard requirements; providing for severance; and providing for publication.
Requested council ACtion: Approval of the first reading on Zoning Ordinance text
amendment bY revising Article 13, "B-2A" Barrier Island Business DiStriCt and Section 27B-
7.01 .C., by providing for auto repair minor, mini-storage, and storage for boats and RVs with
required fencing and landscaping.
Plannin~l Commission & $taFPs Recommendation (10/27/99): Approval
Issue: To provide storage and automotive repair uses within the "B-2A" District to
accommodate personal service needs of island residents and tourists. With this amendment,
the "B-2A" District further enhances residential properff with local street adjacency to
commercial property, by providing regulations on fencing, landscaping, and restricted access
from commercial properties to local streets.
Prior Council ACtiOn: In May 4999, City Council directed Staff to work with the Padre Island
Planning Task Force in formulating revisions to the 'B-2A" Barrier Island District. From those
meetings, the proposed "B-2A' amendments were developed and agreed upon bY Staff and
the Padre Island Task Force.
Background: Through cooperative efforts between the Planning Department and the Padre
Island Planning Task Force, amendments to the "B-2A' Business District and ancillary
landscaping requirements for the island were developed. These amendments are in
response to concerns raised by island property owners in providing additional uses and
development opportunities on the islan'd~, while preserving the character of the area.
Additionally, the Planning Department has experienced an increase in request for zoning
changes on the island with the 'B-2A" District:. Such changes were requested due to the
district not allowing for specific commercial uses. The result of these requests has been the
issuance of Special Permits within the "B-2A" District to accommodate the use. Amendments,
to address properly owners' concerns and to provide regulatory tools to further enhance
development of the island, are divided into four categories as follows:
"B-2A" DiStriCt o USe Regulation Additions
0 BOat and RV storage, Unenclosed and enclosed, screened with stucco
fence.
0 Mini-storage, enclosed, screened With stucco fence.
0 Automotive Repair, Minor.
317
Agenda Memorandum
December 7, 1999
Page 2
"B-2A' District - Height and Area Requirement Additions
o A fence shall not be permitted in the 20' front yard setback area.
"B-2A"
O
DiStrict - ACCess Restriction Provision
Commercial development is prohibited from having direct access to a
local street, primarily serving residential properly.
B-2A"
O
District and Landscape Requirements - Screening Provision
Commercial uses with adjacencV to local streets shall provide a 6' ivory
tone stucco fence designed of plaster on Concrete block or masonry
substrate along such property area. The fence shall be located 20' or
more from the commercial property line. one hundred percent
landscaping is required between the fence area and properly line with
plant material achieving a minimum of 0.20 points per square foot
(typically includes lawn covering and 2-3 shrubs per 50 feet). Type A
canopy trees are required within the landscape area every 30 feet on
center,
Conclusion; The proposed amendments to the "B-ZA' District are sensitive to residential
areas in providing for fencing and landscaping of business uses when located on lot areas
adjacent to local streets, ~/pically occupied by residential uses. Furthermore, driveway
access onto local streets is prohibited by business uses, which discourages commercial traffic
from traversing through residential neighborhoods. The expanded uses for the "B-2A"
District allow for storage of recreational and personal items and minor automotive repair.
These uses are considered complementary to the development of the island and provide the
necessary screening and landscaping to further enhance the scenic corridor of Park ROad 22.
W. Thomas Utter
ASSiStant City Manager
Director of Planning
FGM:IW
Attachment
1) "B-2A" Barrier Island Business TeXt Amendment
Ordinance
(H:BARRIER2.MEM)
318
AN ORDINANCE
AMENDING THE ZONING ORDINANCE BY REVISING ARTICLE 13, B-
2A BARRIER ISLAND BUSINESS DISTRICT AND SECTION 27B-
7.01.C. RELATING TO USES ALLOWED IN THE DISTRICT AND
STREET YARD REQUIREMENTS; PROVIDING FOR SEVERENCE;
AND PROVIDING FOR PUBLICATION.
WHEREAS, the Planning Commission has forwarded to the City Council its reports and
recommendations conceming the amendment of the Zoning Ordinance of the City of
Corpus Christi;
WHEREAS, with proper notice to the public, public headngs were held on Wednesday,
October 27, 1999, dudng a meeting of the Planning Commission, and on Tuesday,
December 14, 1999, dudng a meeting of the City Council, in the Council Chambers, at
City Hall, in the City of Corpus Chdsti, 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
Chdsti 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 revising Article 13, B-2A Barrier Island Business District, to read as follows:
"ARTICLE 13. "B-2A" BARRIER ISLAND BUSINESS DISTRICT REGULATIONS
"Section '13-1 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 "B-2A" Barrier
Island Business District. This district provides for a wide vadety of business,
commercial, and indoor/outdoor amusement uses which reflect the character of a resort
area. Certain conditions shall be imposed which will preserve the characteristic nature
of a barrier island of scenic and economic importance to the City. This district prohibits
outdoor storage of any goods, and only permits outdoor uses specified in Section 13-2.
"Section 13-2 Use Regulations. A building or premises shall be used only for the
following purposes:
"(1)
Any use permitted in the "A-2" Apartment House District.
"(2) Aquarium.
"(3)
Auditorium or gymnasium, or other amusement place in an
enclosed building.
ZARTI3B2A.DOC 3 19
"(5)
"(7)
"(6-)~
"(9)
"(7},~10)
"(11 )
"(!9;,~14)
"(! ~ X15)
"~2X16)
"(17)
"~2X~8)
"~X19)
"~ ~ 5X2o)
"(!7),~22)
"H.8..)(23)
"H9-){24)
Automobile parking lots and accessory off-street parking
spaces, provided that no parking spaces shall project into
the required front yards.
Automotive parts sales within a buildina containina less than
3:000 sauare feet in clross area with no service bays.
Auto rental agencies.
Automotive repair, minor.
Bank or loan association.
Boat and RV storaae.
Boat sales and enclosed boat storage.
Car washes.
Child care centers.
Fueling.
Hospitals or clinics.
Hotel, motor hotel, or motel.
Marina.
Mini-storecle, enclosed.
Museum.
Offices and medical offices.
Personal service uses, such as barber shops, beauty shops,
tailor shops, dry-cleaning pick-up stations, steam baths,
messenger or taxi stations, or studios for artists, musicians,
or photographers.
Restaurants with or without alcoholic beverages, tavem, or club.
Retail store.
Self-service laundries.
Shoe repair, TV repair, small household appliances repair.
ZARTI3B2A. DOC
320
All outdoor signs shall be used to advertise the principal
business or activity conducted on the premises. No portable
signs are permitted. No sign shall be permitted regardless of
size, which revolve, move, flash, or make noise. No agency
of the City of Corpus Christi may grant a variance, exception,
ortake any action which would permit a sign to be erected in
excess of the size provided herein or. different from the
provisions contained herein.
"a) Freestanding Signs
One freestanding sign shall be permitted on a site not
exceeding sixty (60) square feet in area, thirty (30)
feet in height or project above the roof line, and shall
not occupy the required twenty (20) foot front yard.
For a site with more than five hundred (500) feet of
frontage, measured along the longest street, an
additional freestanding sign not exceeding sixty (60)
square feet may be permitted.
"b) Wall Signs
"All wall signs shall be attached flat against the wall,
shall not project more than eighteen (18) inches from
the wall and shall not project above the roof line of the
building. No sign shall exceed one hundred (100)
square feet, except that for each one (1) foot of lot
frontage in excess of one hundred (100) feet, one (1)
additional square foot of sign area shall be permitted,
provided the total sign area on one lot(s) shall not
exceed one hundred fifty (150) square feet,
"c)
Wall Signs (Shopping Centers)
"Each ter~ant may erect, on the face of the building, or
hang from a canopy or overhang, one (1) square foot
of sign for each front foot of tenant space that is
occupied by the same tenant. No additional
fleestanding or temporary signage is permitted,
Banners not exceeding twenty (20) square feet may
be permitted for a period not to exceed thirty (30)
days from the time of certificate of occupancy.
"e) Commercial Real Estate Signs
"Any lot or other area greater than one lot under one
ownership may erect one (1) sign on each street
3
ZART13B2A.DOC 321
frontage, setback from the front property line twenty
(20) feet and shall not exceed sixteen (16) square
feet.
""~ ~'26) Theater or amphitheater.
"~'~'~(27) Veterinary clinics, but no open kennels shall be permitted.
"~23)r26)
Accessory buildings and uses, except the outside storage
and outside sales area are not permitted.
Promotional events, subject to the special conditions set
forth in Article 27A, Section 27A-2 of this Ordinance.
-(25)
Automotivc partc calec within a building containing Iocc than
3,000 r~quarc foot in grocc area with no corvico bayc.
"(26) C3r waehoc.
"Section 13-3 Parking Regulations. The parking regulations for permitted uses are
contained in Article 22.
"Section 13-4 Off-street Loading Regulations. The off-street loading reg, Ulations for
permitted uses are contained in Article 23.
"Section 13-5 Height and Area Regulations. The height and area requirements shall
be as set forth in the chart of Article 24, and in addition, the following requirements
shall apply:
"13-5.01
No building, fence, structure, or sign shall be
permitted in front yard area as set forth in
Article 24.
"Section t3-5 Supplementary height and area regulations are contained in Article 27.
"Section 13-7 Access Restrictions. No direct access to a local street is allowed,
except for uses Oermitted in the "A-2" Apartment House District."
"Section 13-8 Screeninn Renuirements
"t3-8.01
A business use, if adjacent to a local street,
shall include a twentv foot landscaped setback
with a continuous six foot stucco finish fence of
an ivorv tone behind the landscaped setback
area. Such fence iS alesinned as stucco Plaster
on concrete block or masonrv substrate. The
minimum rec|uired landscaped area is 100
percent of the entire area between the fence
ZART I3B2A. DOC
322
and the right-of-way line. The area shall be
landscaped with plant matedal to achieve a
minimum of 0.20 Points per square foot of the
area, based on the point schedule in Section
27B-10A, between the side yard oroDer[v lines,
the fence and the local street riqht-of-wav. A
canopy trees listed in Section 27B-14.03 shall
be planted in the desiqnated landscape areas
even/30 feet on center.
5
"13-8.02
The followina uses must be screened with a
stucco ~De fence described in Section 13-
8.01:
(A)
(B)
Boat and RV storaqe, includinq outdoor boat
and RV storage.
Mini-storaae, enclosed.
SECTION 2. That the Zoning Ordinance of the City of Corpus Christi, Texas, is
amended by revising Section 27B-7.01 .C. to read as follows:
"Section 27B-7 - Requirements for All Street Yards:
"27B-7.0_1
The following landscape requirements shall be achieved for each
respective zoning category, except for single and two-family
dwellings, schools, colleges, chumhes, public buildings, public and
private parks, golf courses, and other similar public and semi-public
uses. Required landscaping for the above uses, excluding single
and two-family dwellings, in any zoning district shall be achieved
per Section 27B-9.A.3.
"C. "B-2 ""B-2A" ZONES
"The minimum required landscaped area is either 80
percent of the entire area within the required front
yard setback or 100 percent of the front yard setback
area exclusive of driveway approaches, whichever is
the less. The area shall be landscaped with plant
material to achieve a minimum of 0.15 points per
square foot of the area within the required front yard
setback. The area within the remaining street yard is
required to have a minimum of 15 percent landscaped
area and shall achieve a minimum of 0.02 points per
square foot of the remaining street yard. Each of
ZARTI3B2A.DOC 323
these landscape areas and point requirements shall
be calculated and complied with separately.
"In a B-2A district, a business use. if adjacent to a
local street. shall include a twentv foot landscaoed
setback with a continuous six foot stucco finish fence
of an ivorv tone behind the landscaped setback area.
Such fence is desiqned as stucco plaster on concrete
block or masonry substrate. The minimum required
landscaped area is 100 oercent of the entire area
between the fence and the d<~ht-of-wav line. The area
shall be landscaped with plant material to achieve a
minimum of 0.20 points per square foot of the area
between the side vard Dinperry lines, the fence and
the local street right-of-wav. A canODV trees listed in
Section 27B-14.03 shall be planted in the desianated
landscape areas everv 30 feet on center."
SECTION 3. That the Zoning Ordinance of the City of Corpus Christi, Texas, is
amended by adding a new subsection 27B-14.03 to Section 27B-14 to read as follows:
Section 27B-14 Preferred Plant List.
Landscape plants have been classified for local desirability according to the amount of
litter they produce, their ability to withstand prevailing winds, compatibility with overhead
and underground utilities and have been proven locally. It is important to note that not
all of these plants can be used throughout the Corpus Chdsti area. Specific plant
selection should be made after a thorough analysis of each site considering prevailing
wind, salt spray, soil type and hydrology, shade or sun situation and size of plant at
maturity. Plants qualified for inclusion in the Preferred Plant List are as follows:
27B-14.03. Canoily Trees
Scientific Name
Common Name
Carva illinoensis
Casuadna cunninQhamiana
CuDressus arizonica
Ehretia anacua
Frexinus berlandiedana
Fraxinus velutina
Ilex decidua
Melia azedarach "umbraculaformis"
Pinus eldadca
Pithecellobium ~exicaule
Pecan
Australian Pine
Adzona Cypress
AnaQua
Mexican Ash
Arizona Ash
Possumhaw Holly
Texas Umbrella Tree
Afahan Pine
Texas Ebony
ZAETI3B2A.DOC
324
Prosopis sDP.
Quercus virainiana
SaDindus drummondii
Taxodium distichum
Ulmus crassifolia
Ulmus Darvifolia
Mesauite
Live Oak (nursery arown)
Western Soapberry
Bald Cypress
Cedar Elm
Chinese Everqreen Elm
SECTION 4. That the Zoning Ordinance and Zoning Map'of the City of Corpus Chdsti,
Texas, 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 5. That to the extent that this amendment to the Zoning Ordinance
represents a deviation from the Comprehensive Plan, the Comprehensive Plan is
amended to conform to the Zoning Ordinance, as amended by this ordinance.
SECTION 6. That any ordinance or part of any ordinance in conflict with this ordinance
is expressly repealed by this ordinance.
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 hereof 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 Chdsti.
ZARTI3BIA.DOC
~25
23
CITY COUNCIL
AGENDA MEMORANDUM
DATE: December 7, 1999
AGENDA ITEM:
la.
lb.
1C.
Ordinance closing and abandoning 51,879-square feet of Oso Street unimproved
street right-of-way (ROW) between the Belden Street ROW and the northwest side
of the RailrOad ROW, subject to compliance with. the specified conditions and the
owner replatting the property within 180 days at his expense; and declaring an
emergency.
Ordinance dosing and abandoning a 24,728~square foot portion of Palo Alto Street
unimproved street right-of-way (ROW) between the Oso Street ROW and the N.
Tancehua Street ROW, subject to compliance with the specified conditions and the
owner replatting the property within 180 days at his expense; and declaring an
emergency.
Ordinance dosing and abandoning a 7,954-square foot portion of Fitzgerald Street
unimproved street right-of-way (ROW) between the N. Tancahua Street ROW and
the northwest side of the Railroad ROW, subject to compliance with the specified
conditions and the owner replatting the property within 180 days at his expense;
and declaring an emergency.
ISSUE: Development plans submitted by Mr. William R. Durrill include the three
unimproved street rights-of-way, thereby necessitating closure of the specified street
portions.
REQUIRED COUNCIL ACTION: City Charter requires Council approval to close and
abandon any portion of street right-of-way. City Code requires a public hearing prior to
the closure of any street right-of-way.
RECOMMENDATION: Staff recommends approval of the three ordinances on an
el
'e~lR.~Escobar, P.E.
emergency basis as presented.
Director of Engineering Services
Attachments:
Exhibit A - Additional Background Information
Exhibit B - Site Location Map
327
AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMATION
PURPOSE OF CLOSURE AND BACKGROUND:
Mun-ay Bass, on behalf of William R. Durrill, is requesting the closure of the following three
unimproved street rights-of-way (ROW):
a) 51,879 square feet of Oso Street ROW located between the Belden Street ROW
and the north side of the Railread ROW;
b) a 24,728 square foot portion of Palo Alto Street ROW between the Oso Street
ROW and the N. Tancahua Street ROW; and
c) a 7,954 square foot portion of Fitzgerald Street ROW between the N. Tancahua
Street ROW and the northwest side of the Railroad ROW.
The sections of the above-rnentioned unimproved streets are not required for City street
infrastructure, nor are they a part of the collector street system. The street closures will
not adversely affect local traffic.
All public and franchised utilities were contacted and afforded the opportunity to,comment
on the closure proposal. The Wastewater and Water Departments proposed that 15-foot
utility easements be retained within the Palo Alto unimproved street ROW and the Oso
unimproved street ROW for existing sanitary sewer mains that currently serve the area.
The Storm Water Department has requested that a separate utility easement be retained
on the Oso unimproved street ROW for an existing storm sewer lateral which crosses the
street ROW. The Gas Department has requested that a separate utility easement be
retained on the Oso unimproved street ROW for an existing 2-inch gas line which crosses
the street ROW. The owner will be required to dedicate utility easements as needed
during the platting of property.
Staff recommends payment of the Fair Market Value, apportioned for each street as
follows:
a) $ 7.800 for the 51,879 square feet of Oso Street unimproved street ROW being
proposed for closure.
b) $ 5,800 for the 24,728 square foot portion of Palo Alto Street unimproved street
ROW being proposed for closure.
c) $ 3.200 for the 7,954 square foot portion of Fitzgerald Street unimproved street
ROW being proposed for closure.
A total Fair
closures.
closures.
Market Value fee of $16,800 is to be paid by the owner for these three street
The owner has been advised of and concurs with the conditions of these
328
Page 1 of I
\ Mproject \ councilexhibits \ osoclosu,dw~7
~""~~~ ~,~,,9 ' PROJECT SITE
NOT TO SCALE
F~'ZGERALO
OSO ST.
[R.O.W. CLOSURE
BROADWAY
TREATMENT PLANT
BAY
N
STREET CLOSURE
BEACH POR17ON; BLOCKS .T~,34,40,41,47, 48 & 58
Rtzgerold St., Polo Alto St., ond Oso
329
CITY OF CORPUS CHRIST/, TEXAS
EXHZBZT "B"
DEPARTMENT OF ENGINEERING SERVICES
DATE: 10/18/99
AN ORDINANCE
CLOSING AND ABANDONING 51,879 SQUARE FEET OF OSO STREET
UNIMPROVED STREET RIGHT-OF-WAY (ROW) BETWEEN THE
BELDEN STREET ROW AND THE NORTHWEST SIDE OF THE
RAILROAD ROW, SUBJECT TO OWNER, WILLIAM R. DURRILL,
COMPLYING WITH THE SPECIFIED CONDITIONS AND THE OWNER,
WILLIAM R. DURRILL, REPLATTING THE PROPERTY WITHIN 180
DAYS AT HIS EXPENSE; AND DECLARING AN EMERGENCY.
WHEREAS, there is 51,879 square feet portion of Oso Street unimproved street fight-of-
way (ROW) between the Belden Street ROW and the northwest side of the Railroad ROW, as
recorded in Volume A, Pages 2-3, of the Map Records of Nueces County, Texas, that the owner,
William R. Durrill ("Owner"), wishes to have closed and abandoned; and
WHEREAS, it has been determined that it is feasible and advantageous to the City of
Corpus Christi to close and abandon this street right-of-way for all purposes, subject to the
provisions listed below:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CORPUS CHRISTI, TEXAS:
SECTION 1. That a 51,879-square feet portion of Oso Street unimproved street fight-of-way
(ROW) between the Belden Street ROW and the northwest side of the Railroad ROW, as recorded
in Volume A, Pages 2-3, of the Map Records of Nueces County, Texas, is closed and abandoned for
public use as a street right-of-way, subject to Owner, William R. Dun'ill, complying with the
following specified conditions as part of the closure:
(1)
That Owner pay the fair market value of $7,800 for the closure and abandonment of
the 51,879-square feet portion of street fight-of-way.
(2)
That Owner dedicate. at his expense, a 15-foot utility easement for the following
currently existing City utility facilities:
(a) Water
(b) Wastewater
(c) Storm Water
(d) Gas
(3)
That Owner replat the portion of Oso Street being closed and abandoned within 180
days at his expense: provided however, the City Engineer may extend the time limit
for an additional 180 days if extenuating circumstances outside the Owner's control
necessitate an extension.
H:XLEG-DIR~VERONlCA\DOYLExORD99.I00\DDCORD99107
330
SECTION 2. That upon written request of the Mayor or five Council members, copy atmched. to
find and declare an emergency due to the need for immediate action necessary for the efficient and
effective administration of City affairs, such finding of an emergency is made and declared requiting
suspension of the Charter role as to consideration and voting upon ordinances at two regular
meetings so that this ordinance is passed and shall take effect upon first reading as an emergency
measure this the __ day of ,1999.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa, City Secretary
Samuel L. Neal, Jr., Mayor
Legal form approved December 7, 1999; James R. Bray Jr., City Attorney.
By: t~ ~
Boyle~tant City Attorney
~i:q,EG.DIR\VERONICA\DOYLE~ORD99100\DDCORD99.107
331
AN ORDINANCE
CLOSING AND ABANDONING A 24,728 SQUARE FOOT PORTION OF
THE PALO ALTO STREET UNIMPROVED STREET RIGHT-OF-WAY
(ROW) BETWEEN THE OSO STREET ROW AND THE N. TANCAHUA
STREET ROW, SUBJECT TO OWNER, WILL/AM R. DURRILL
COMPLYING WITH THE SPECIFIED CONDITIONS AND THE OWNER,
WILLIAM R. DURRILL, REPLATTING THE PROPERTY WITHIN 180
DAYS AT HIS EXPENSE; AND DECLARING AN EMERGENCY.
WHEREAS, there is a 24,728 square foot portion of the Palo Alto Street unimproved street
fight-of-way (ROW) between the Oso Street ROW and the N. Tancahua Street ROW, as recorded
in Volume A. Pages 2-3. of the Map Records of Nueces County, Texas, that the owner. William R.
Durrill COwner"), wishes to have closed and abandoned; and
WHEREAS. it has been determined that it is feasible and advantageous to the City of
Corpus Chfisti to close and abandon this street fight-of-way for all purposes, subject to the
provisions listed below:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CORPUS CHRISTI, TEXAS:
SECTION I. That a 24.728 square foot portion of Palo Alto Street unimproved street fight-of-way
(ROW) between the Oso Street ROW and the N. Tancahua Street ROW, as recorded in Volume A.
Pages 2-3. of the Map Records of Nueces County.. Texas. is closed and abandoned for public use as
a street right-ot~way, subject to Owner, William R. Dumll. complying with the following specified
conditions as part of the closure:
That Owner pay the fair market value of $5,800 for the closure and abandonment of
the 24.728 square foot portion of street right-of-way.
(2)
That Owner dedicate. at his expense, a 15-foot utility easement within the Palo Alto
Street unimproved street right-of-way (ROW) for existing sanitary, sewer mains that
currently serve the area.
(3)
That Owner replat the portion of Palo Alto Street being closed and abandoned within
180 days at his expense: provided however. the City Engineer may extend the time
limit for an additional 180 days if extenuating cimumstances outside the Owner's
control necessitate an extension.
H:\LEG-DIRXVERONICAIDOYLE ORD99,100 DDCOKD99108
332
SECTION 2. That upon written request of the Mayor or five Council members, copy attached, to
find and declare an emergency due to the need for immediate action necessary for the efficient and
effective administration of City affairs, such finding of an emergency is made and declared requiring
suspension of the Charter role as to consideration and voting upon ordinances at two regular
meetings so that this ordinance is passed and shall take effect upon first reading as an emergency
measure this the day of ,1999.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa, City Secretary
Samuel L. Neal. Jr.. Mayor
Legal form approved December 7, 1999; James R. Bray Jr., City Attorney.
By: Doy~is, Assistant City Attorney
333
AN ORDINANCE
CLOSING AND ABANDONING A 7,954 SQUARE FOOT PORTION OF
FITZGERALD STREET UNIMPROVED STREET RIGHT-OF-WAY (ROW)
BETWEEN THE N. TANCAHUA STREET ROW AND THE NORTHWEST
SIDE OF THE RAILROAD ROW, SUBJECT TO OWNER, WILLIAM R.
DURRILL, COMPLYING WITH THE SPECIFIED CONDITIONS AND THE
OWNER, WILLIAM R. DURRILL, REPLATTING THE PROPERTY
WITHIN 180 DAYS AT HIS EXPENSE; AND DECLARING AN
EMERGENCY.
WHEREAS, them is a 7,954 square foot portion of Fitzgerald Street unimproved street right-
of-way (ROW) between the N. Tancahua Street ROW and the northwest side of the Railroad ROW,
as recorded in Volume A, Pages 2-3, of the Map Records of Nueces County, Texas, that the owner,
William R. Durfill ("Owner"), wishes to have closed and abandoned; and
WHEREAS, it has been determined that it is feasible and advantageous to the City of
Corpus Christi to close and abandon this street fight-of-way for all purposes, subject to the
provisions listed below:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CORPUS CHRISTI, TEXAS: ,
SECTION 1. That a 7,954 square foot portion of Fitzgerald Street unimproved street fight-of-way
(ROW) between the N. Tancahua Street ROW and the northwest side of the Railroad ROW, as
recorded in Volume A, Pages 2-3, of the Map Records of Nueces County, Texas, is closed and
abandoned for public use as a street fight-of-way, subject to Owner, William R. Duffill, complying
with the following specified conditions as part of the closure:
<i)
That Owner pay the fair market value of $3,200 for the closure and abandonment of
the 7,954 square foot portion of street right-of-way.
(2)
That Owner replat the portion of Fitzgera/d Street being closed and abandoned within
180 days at his expense; provided however, the City Engineer may extend the time
limit for an additional 180 days if extenuating circumstances outside the Owner's
control necessitate an extension.
H:~Ll~G-DFR\VERONICA\DOYLE~ORD99 ] 00\DDCORD99.106
334
SECTION 2. That upon written request of the Mayor or five Council members, copy attached. to
find and declare an emergency due to the need for immediate action necessary for the efficient and
effective administration of City affairs, such finding of an emergency is made and declared requiring
suspension of the Charter rule as to consideration and voting upon ordinances at two regular
meetings so that this ordinance is passed and shall take effect upon first reading as an emergency
measure this the day of ,1999.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa, City Secretary
Samuel L. Neat, Jr., Mayor
Legal form approved December 7, 1999; James R. Bray Jr., City Attorney.
H:~LEC~DIR',VERONICA~lOyLEXCfRD99. 100/DDCORD99 106
335
Notes and Comments
337 -